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

It is doubtless true that the early set
tiers of Vermont, who framed the original
constitution of the State, owing to reasons
peculiar to their situation and trials, en-
croached upon as they were, not only by
the parent government across the sea, in
common with all the other colonists, but
also by neighboring state, imbibed the
democratic idea more fully, and carried it
to a greater extent in all the details of
governmental provision than the people
of any other state and this is doubtless
the explanation Of the adoption by them
of the mode of electing judges as it now
exists, instead of following the wiser
method adopted by the great and patriotic
men who framed the Federal Constitu-
ton, and who loved liberty no less than
did the hardy pioneers of our State, and
were no less jealous of all possible en-
croachments upon it.
And it is obvious to remark that while
the method of electing judges by popular
assemblies and by universal suffrage has
worked disastronsly iii other States
that have tried those methods, the
State of Vermont has hitherto in the
main, though with some exceptions, been
singularly exempt from the consequences
which tie experience of other States
might have led us to apprehend. But
this exemption is owing not so much to
the wisdom of the mode of election as a
general rule, as to circumstances which
have been strikingly peculiar to Vermont,
and not found in any other State. Those
peculiarities inhered III the sturdy good
sense the industry, frugality, simplicity
in all the appointments of domestic life,
/ and the virtue and intelligence OF the
whole mass of the population, who We're
maiuly emigrants from among the most
enterprizing citizens of the older New
! Englnd STAGES. Bnt though these char
acteri1tics have continued III II large inca
! sure to distinguish the inhabitants of the
Stats, and though we may point with
pride 10 the previous working of the pre-
/ sent mode of eleeting judges, aud to IN my
/ illustriou> names of those who have
adorned the bench. III the apprehension OF
your committee the time has arrived in
/ the growth of the State in population and
/ wealth, when We may not expect to be
exempt from the evils which have usually
resulted in other States from the popular
election OF the judges. Oar population
J. -,
urttla prospect that VI shall be 50 dlstln-
sui-hed :.~ We have been III tn" past. with
with the exception oT unr ur two memoir
able iuotturcS. for exemption from the
bitterness which attends party etrifes.
And what i more, there has been n great
change IN the quiet simplicity of the pur-
suits Of the people While those pursuits
are still mainly agricultural, vast corpor-
/ ttionS have traycrsed the State from bor.-
I der to border with railroads and capital
j. armed with that power which comes
from concentration, and which, when thus
welded. i all powerful in accomplishing
the selfish purposes OF its owners.
/ 1t i, too well known that none of our
legislatures are now as free as formerly
from the powerfully corrupting influences
which have thus grown up within the
State. And these Influences are b"com-
ing more and more powerful, and unless
firmly resisted by the stalwart frmues- Of
virtuou- people, viii invade with their
ruali-su pnwer-m Align when thus per
yrrtel every department Of The govern
mcnf ia which their interests are involved
or are on triaI That ihe~e corporations
coua ana would, Oh occasion arising,
exercise. very controlling influence on
the legislature in making and unmaking
our Judges aud 20 indirectly on the iud yes
themselves q, the office may become, ere
lon.. the tol'baIl To BE- kicked about in
party contcn'iens, and the judges thus
become the victims of the iuhrInities of hui
man u ,turc that belong to even the best Of
men through exposure to many tcmpta-
tion-, it j. the judgment OF your commit
tee tlar these apprchended evils should
be avoided by an amendment Of the con-
-titu,ian which shall give their appoint
ment tn the Governor and Senate.
/ Another obvious advantage of the pro-
posed method of appointing the judges
consists in the better opportunities which
would be possessed by the Governor to
ascertain the fitness of individuals pro-
posed for the office in respect TO each and
all the various rare publications, herein-
before enumerated, than can be possessed
by n body of men whose very election
under which they will be called upon to
discharge this duty, occurs only few
weeks before they are required to exercise
il, very many OF whom, though men of
practical iud .ment and good sense, and
upri4 htuesS of intention, will be wholly
unacquninted, it may be, with the candi-
I dates proposed for Judges, or with their
qualifications, simply from the want of
opportunity, their pursuits in life rarely
/ bringing them in contact with the courts
or It's practitioners Aud under the pre-
sent system it may happen that some per-
son, amiable in respect to all that consti-
tutes the pleasing gentleman, but yet
4 deplorably destitute of all, or of many of
the essentitrqualificatioa of an excellent
or even moderately efficient Judge,
will become ambitious for the place,
and procure himself to be elect
ed to the legislature for the very
purpose of infuencing its'members to bes-
tow, by the usual appliances and arts OF
| pleasing address, and adroit supplication,
the very mask Of apparent Indifference
which it often wears, making it still more
effective in procuring the besto wment of
j the Office upon himself. Or il not done
through his own personal efforts, it may
be done by an irresponsible friend, more
anxious to do good turn to his neigh
Dor, than to secure a well qualified officer