Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1870-05-04

The fourth Article OF the prOpOeeu amchu-
ment to our State Constitution provides that
the Judges of the Supreme Court shall De
appointed by the GorerROr, by and with the
advice and consent of the Senate. The Con-
stitution. as IL nOlo is, vests the election OF
these Judges IN Ihe House Of Representatives.
and Senate, who elect in joint assembly
| have bestowed upon this amendment
some thought and reflection and cannot avoid
the conclusion that its adoption would be
disastrous to the best interests OF the State
| think it can be seen at a glance by any
practical man how this power of appoint
ment may be used by unprincipled men to
subvert the liberties and undermine, If not
ruin, the material prosperity of the PEOPLE
of this State. The objections to it are nu-
merous and weighty, but time will only
allow me to allude to some of the most seri-
GUS and important.
l. Ii takes the appointment of the highest
State officers, the Judges of the supreme
judiciary, away from the representatives 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 reechO the
question, for I0hGt purpose? Why, simply
for the purpose of investing single man
with the power Nay, more than this, it
will be seen that this single man, the Gov
ernor, has far greater powers than have the
whole representatives of the towns combined.
The Governor can not only . appoint, " with
the Senate, but no man can be appointed
Judge unless has name IS presented By the Cor
ern0r This is power which the represen-
tatives of the towns never had. They only
vote for the Judges in joint assembly 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.
Of hn -
contrary to the whole past history and policy
Of the State for the last ninety-three years,
when the first constitution was adopted in
l777. | am not aware that any leading man
or statesman Of Vermont has ever before
suggested or recommended this change. Of
ali the Councils of CensOrs called together
for the last three-quarters of a century
have not heard of one that recommended it
previous TO the past year. This state of
things is certainly worthy of consideration
although not introduced as absolute proof in
the case.
1t is sometimes asserted as a reason for this
change that the Governor has not entrusted
to him, by our constitution, SD fhcient power
and consideration His assent is indIspen-
sable to all acts of legislation he can veto
| bills, recommend measures for adoption and
is Chief Of the military forces
of the State. But this is not enough say
these gentlemen. He ought TO appoint these
/ Judges. The President has the power, then
/ why not entrust il to our Governor? III the
question were now in issue whether it was
I judicious and safe to entrust the exercise Of
this great power with the President | should
/ be quite willing TO discuss that question.
apprehend that some of the greatest calami-
as rs cons QUE Rsslep p tbs e2an5zg h gsl
very power by the President The fathers
=
excellent constitution, nearly one hundred
years ago, wisely foreseeing the evils of en-
! trusting this dangerous power 70 the Gov
ernor have most prudently and iudiciously
placed it in other hands. There ief II remain.
/ 1t is much the safer course to - let well
enough alone
But who has complained for the hundred
years past that our Governors have not had
sufficient power and consideration? Have
we ever heard of any complaints from the
f long list of worthy Governors during this
period? ANY complaints of this character
from Governors Chittenden, Robinson or
Tichenor from Gov. Skinner. Van Ness,
Jenison, Coolidge, Williams, Royce, Fetch
er. or Hall ? These men have highly hon
/ Ored Vermont by their eminent services as
/ legislators and statesman, and it - safe 10
assert they were well satisfied with the pow
ers conferred upon the Executive Depart
/ ment.
H. The effect, if not the object. of this
amendment is to deprive the towns and their
representatives. as such, of all participation
in the nomination or election OF the princi-
pal officers of the State They are now enti-
tied to cast 30 votes for Judges the supreme
Court, each town representative casting an
i equal vote with senator. Adopt this amend
/ ment and YOU establish at single blow these
246 votes and deprive the representatives OF
every town in the State of all right in electinc
the Judges a right exercised by and yes ted in
them tor nearly century, and eoeval with
the first organization of the government of
the State. These 246 votes are all merged
into one, and that one vote is cast by man
who may, for sught the people know, have
been nominated for Governor by State con
vention, packed by himself and retainers in
the interest of some great monopoly. These
- gentlemen " monOpolists are SIX lied In the
management of the leading political organi-
cations of the State. IL has long been a
cherished object with the leaders of thi:
class to deprive the towns of much pOlIt-
ical power as possible Experience has
taught them that they can much easier ma
nipulate and control State and county conven-
tions than the primary meetings of the peo-
pie in their respective towns. 1t is no great
stretch of the imagination to suppose thai
THESE men fuIcuu DN euCu utdIs anu hpplt-
tances, to-own- the Governor and majority
of the Senate. If, therefore, the towns car
be fleeced of their political rights, under the
Constitution, every obstacle is removed to
their complete control of the State for all
time TO come.
iii. But the Senate also, well the
House, is shorn of some OF its valued rights
under the Constitution. Every individual
! Senator has now the right TO select his own
|. I'd md uat for h.
out interference or dictation from any quar-
ter. By the amendment no Senator can cast
, a vote for any man unless his name has first
been presented by the Governor. The House,
il is true, is entirely excluded, but this is
done simply to place Master over the SEN
ate in the person of the Governor. And
deem it no sufficient answer to assert that
the Senate can reject these nominations OF
the Governor. The fact still remains that
they can appoint no one outside his nomina-
tions He is master of the situation with
plenty of names among his creatures to
present to the end of time; and it is barely
possible that he will take good care TO know
his man before his name is presented
" Has the State suffered any detriment
by the present democratic mode of electing
the Judges? Has experience of serious de-
fects and danger in this system, of venality
and corruption in the judges, and in the-peo-
ples representatives who have elected them,
been SO great and damniDg as to imperionsly
demand that one man, and one only, shall
forever hereafter dictate the names of the
men who are to occupy the highest judicial
seats in the State ? Let the past history of
this State answer these questions. We are
not cropping in the dark. The people Of Yer
mont have thoroughly tried this system for
nearly century. They have the light of
experience and history to guide them. They
point with pride and exultation to the galaxy
Of illustrious judges who have adorned the
judicial bench by their erudition, their great
and faithful services and their spotless char
acter. High on this list they will point you