Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1869-08-12

Cd Of slecting judges, thsy are Shossa b |
corporations, greatly unequal in member-
ship and wealth, through the action OF
their agents, called or rather mis-
called the representatives of the
people. Is there any sense, therefore, in
claiming that by the proposed change o.
electing the judges, the equal and popu-
lar rights of the people are to be invadedr
On the contrary, will they not be seouredf
While, then, the towns are not asked to
yield up the principal Of equal represen'
.ation as corporations in that branch OF
the government entrusted with the entire
power of making the laws, shall it be
thought matter of complaint that it be
asked that the people shall have an equal
voice, through their popularity elected
Governor and Senate, in the election OF
the judges no are to sit, it may be, upon
their dearest rights Shall the corpora
ton with five hundred inhabitants not
only have thirty votes to one for tile cor
poration with fifteen thousand in the
making Of the laws, but also thirty votes,
to one for the other, in the choice OF the
judges who are to sit in Judgment upon
those laws Will any one have Just
cause for complaint that this unequal
power shall in one of these two instances
in which it is now exercised, be placed
in the hands of others who are elected by
the free and equal voice of the people
The population OF the State by the CEN
sus of 1860, was 315,09S OF this number
only 93,l resided in a majority of one
of the small towns, and 221 ,94l resided in
minority of one, of the larger towns
thus giving the power to %, 157 of the
whole population of 315,09S to control in
the election of judges.
! Your committee, TO avoid any possible
misapprehension, beg leave to say, that
they do not intend this report shall be re-
garded as an assault upon the system Of
town representation. T. ough that sys-
TEN is copied from the old English bor-
ough system, and the representation Is OF
communities composed of populations OF
unequal numbers, and does not represent
the equal voice of the people, as already
seen; yet it stands at present upon defen-
sible reasons growing out of traditional
usage, local town pride, unification of the
interests of the people inhabiting the
same town, and having corporate interests
demanding Legislative protection or en-
enlargement But the point we are max
ing is, that while this mode represents
ton, Tor the reasons given, il defeDsible
in respect to the power Of the Legislature
to make the laws, it Is wholly indefensi-
bic, being unequal and corrupting, in
respect TO it, power to create the judges
who shall sit i'll judgment upon the LAVE
made by body so constituted 1t is clear
to the apprehension Of your committee,
that tie true way to keep the one-haif OF
the towns, having The largest relative
population satisfied with the present sys-
TEN OF representati on-that is, the giving
the half % the towns, having the minority
of the population, nevertheless, an equal
voice with the larger towns, having vast
majority OF the population, in the legisla-
ton of the Statc,--is the graceful relin-
quishment, by the smaller towns, of a
right TO like controlling voice in the
election Of the judges who are to sit in
judgment. not only in all cases affecting
the people at large and individually, but
also upon the laws enacted by the minor
ity of the people. Should the small towns,
therefore, show disposition to grasp and
hold on to this double power of making
the laws and of interpreting them like
wise, over the heads and against the clear
natural rights of the majority, it would,
in the opinion of your committee, create
in the minds Of the majority such a sense
of .nrung aud iujuuti"e, that q, l..., 18th
the borough system Of representation, and
its power Of appointment, will bc swept
away before the rising and irrePrcssible
Indignation OF the people at the manifest
wrong. GA the other hand, with this
concession made, thus giving tho people
al equal voice III the election OF the Off
C. OF one coordinate department Of the
60, rnmcnt, Of which they are now de-
prii, !. the town system of representation
may main undi.turbed for years to come,
and 1atIl IT, populations of the towns
shall b, ON 40 very unequal as to lead to
universal conviction that justice demands
"A change.
For toe reason, hcreinbcforc -ut forth,
ard others of minor Importance, not ne
ccsslry to allude 70 III this report, your
committee are unanimously of the opin-
ION that the Constitution should be so
amended to provide Tor the appoint
ment of the judges of the Supreme Court
by the Governor, by and with tho advice
and consent Of the Senate.
2. The second condition to be secured,
depending for its accomplishment upon
the method of filing these high judicial
offices namely, the exaltation of the
bench above the reach of the demoralizing
influences which attend upon periods OF
partizan strife and influences of a kind
red sort, has already been, sufficiently con-
sdered in the discussion of the mode of
appointment. 1t is the judgment Of your
committee than this desirable end will be
attained by adopting the mode recon-
mended.
3. The third condition, that of perma-
nency of official tenure, remains for brief
consideration. In the judgment of your
committee, the office should be in some
degree permanent. The independence Of
the judges is essential to the fearless dis
charge of their duty, and can be secured
in no other way. In the language OF
Chancellor Kent at is salutary in pro-
tecting the Constitution and laws from
the encroachments and tyranny of faction.
Laws, however wholesome or necessary,
are frequently the object of temporary