Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-05-05
Constitutional Amendments.
ELECTION OF JUDGES.
By r. Y. Marsh.


Court shall be appointed By tie Governor
by and with the advice and consent q
the Senate. The Constitution, as ID Roat
Is. vests the election of these Judges IN Tx
House Of Representatives. and Senate, who
elect in joint assembly.
have bestowed upon this amendment
some thought and reflection aud cannot
avoid the conclusion that its adoption
would be disastrous to the best interests
of the State. / think it can be seen at g
glance by any practical man how this
power of appointment may be used by
unprincipled men to subvert the hbertie;
and undermine, if not ruin, the material
prosperity of the people of this State
The objections TO it are numerous and
weighty, but time will only allow me to
allude to some of the most serious and
important
/. 1t takes the appointment of the high
est State officers, the Judges of the su.
preme judiciary, away from the represen'
tatives of the people of the several towns
it strips these representatives of all voice
and power in their appointment, and for
what purpose? The citizens of Vermont
will re-echo this question, t01 ao7sdt p1r-
pose2 Why, simply for the purpose Of
investing a single man with this lpower
Nay, more than this, it will be seen that
this single man, the Governor, has far
greater powers than have the whole repre-
sentatives of the towns combined. The
Governor can not only "appoint," with
the Senate, but no man can be appointed a
Judge unleS8 lis name is presented By The
G0oe,nOr. This is power which the
representatives of the towns never had.
They only vote for the Judges in joint as
sembly with the Senate. They have no
right to dictate to the Senate, nor the
Senate to the House, who shall be the
candidates for Judges.
This zone man power" of the Governor
is contrary to the whole past history and
policy of the State for the last ninety
three years, when the first constitution
was adopted in 1777. I am not aware
that any leading man or Statesman of
Vermont has ever before suggested or re-
commended this change. OF all the
Councils of Oensors called together for
the last three quarters of a century I have
not heard of one that recommended it
previous to the past year. This state OF
things is certainly worthy of cOnsidera-
ton although not introduced as absolute
proof in the case.
1t is sometimes asserted as a reason Tor
this change that the Governor has not
entrusted to him, by our constitution, suf-
ficient power and consideration. His
assent is indispensable to all acts of legis-
lation; he can veto bills, recommend
measures for adoption and is Commander
in Chief of the military forces of the
State. But this is not enough say these
gentlemen He ought to appoint the
Judges. The President has this power,
then why not entrust it to our Governor /?
If the question were now in issue whether
it was jqdicious and safe to entrust the
exercise of this great power with the
President I should be quite willing to
discuss that question. I apprehend that
some of the greatest calamities that have
ever befallen this country have arisen in
consequence of the exercise of this very
power by the President. The fathers of
our Green Mountain State in framing our
excellent constitution, nearly one hundred
years ago, wisely foreseeing the evils of
entrusting this dangerous power to the
Governor have most prudently and ju-
diciously placed it in other hands. There
let 1t remain 1t is much the safer course
to "let well enough alone."
But who has complained for the hum
dred years past that our Governors have
not had sufficient power and considera-
ton Have we ever heard of any COM
plants from the long list of worthy
Governors during this period? Any com
plants of this character from Governors
Chittenden, Robinson or Tichenor From
Gov. Skinner, Van Ness, Jenison,
Coolidge. Williams, Royce, Fletcher, or
Hall? These men have highly honored
Vermont by their eminent services as
legislators and Statesmen, and it Is safe
to assert they were we'll satisfied with the
powers conferred upon the Executive De-
partment.
III. The effect, if not the object, Of this
amendment is TO deprive the towns and
their representatives,, as such, of all partioi-
patton in the nomination or election of the
principal officers of the state. They are
now entitled to cast 246 votes for Judges
of the Supreme Court, each town repre-
casting an equal vote with
a senator Adopt this amendment and
you establish, at single blow, these two
hundred and forty-six votes and deprive
the representatives of every town in the
state of all right in electing the judges,
a right exercised by and vested in them
for nearly a century, and coeval with the
first organization Of the government of
the state. These 246 votes are all merged
into one, and that one vote is cast bv a
man who may, for ausht the people know,
have been nominated for Governor by q
State convention, packed by himself and
in the interest Of some great
These gentlemen" monopo-
lists are skilled in the management of the
leading political organizations of the
state. It has long been q cherished object
with the leaders of this class to deprive
the towns of as much political power as
possible. Experience has taught them
that they can much easier manipulate and
control State and County conventions
than the primary meetings of the people |
in their respective towns. It is no great
stretch of the imagination to suppose that
these men intend by such means and ap-
planes, to own the Governor and a ma
iority of the Senate. II, therefore, the
towns can be feeced of their political
rights, under the Constitution, every OBJ