Year: 1870




Constitutional Convention upon the proposition


providing for the nomination Of Judges Of the


Supreme Court By the Governor.


NJ Presideat After long and patient wait
ing 10 give ample space for the uninterrupted ut
tcmnce Of views which, added to their intrinsic
excellence carry the weight Of high authority
and the sanction Of an honored name rise.
frankly confess, with not few misqiyings. ac-
companicd with considerable trcpidation, TO OK
press a few thoughts upon what appears to me a
most important amendment to the Constitution.


Sir, the first and distinguishing feature Of the
case to which | shall call the attention Of this
honorable body is the entire safety and psrjcct
coDiptteHcyo of the hands into which we propose to
commit this high trust.


The Governor is one OF our fellow citizens
he is, at all times, one Of our most distinguished
citizens. Selected from the whole people by the
people, not so much for his shining as for his
solid qualities-his remarkable executive abili-
tics, together with general knowledge of men
and things.


Now sir, what we presume 10 say is, tina, il
cannot be very hazardous to entrust the appoint
ment Of our highest judicial officers in such hands
as these. Appointment did say2 Let me cor
rect myself Let me rc-tate the proposition We
propose to confer upon the Governor merely the
nominating power, and leave to the combined
wisdom Of that astute body, the Senate, to reject
or confirm the respective presentments rs to them
shall seem dtand proper.


The point wish here to enforce is, that We
think the chief magistrate a very suitable person
to perform this delicate and responsible duty


Nothing would be more grateful to the mic,
sense Of propriety Characteristic Of an enlight
ened Governor than 10 gather around him an ar
ray Of the most llustrious names for the adorn-
ment Of those seats, which, for the most part
have been so ably filled with the honored living
and the lamented dead Nothing would delight
him more than to be even indirectly instrumental
| in making the seats Of such men as permanent as
will well consist with that seepless vigilance and
impartial scrutiny, which has for its object the
establishment Of right principles and just deci.
sons in all the land


Is it not most obvious that such method o
procedure in the careful selection and judieious
appointment Of the Justices of the Supreme Court
and the presiding Judges Of the County Courts,
would he less likely to be affected uniavorably by
mere local interests, unworthy aspirants to un.
merited honors the clamors Of prejudice, and the
persistent reiteraton Of unfounded charges which
oitentimes have altogether too much weight in
large bodies containing on the one hand many
timid and cautious spirits and on the other many
excitable and oyerbearing minds


However honest may be the intentions of such
men, they have not the requisite time at their
command, neither are they generally in possession
Of all the facts needful to just conclusion


shall intentionally say nothing against the
assembled wisdom Of Vermont in her common
people. have great respect for the Legislature,
constituted as it generally is, largely Of that class
of men who have won their own way TO fortune,
and who deserve well their hard-earned laurels


There are many Roger Shermans in legislation
and Patrick Ilenrys in debate, who grace these
honored walls from year to year But Sir un-
fortunately the votes Of such men mount no
/ faster in the arbitrary columns of yeas and nays
than the automaton votes Of precisely the same
number of men who take everything upon trust
and who will vote as you like, provided you give
them plenty Of good fare, and quiet berth


Sir, with the same proprety can we ask the
legislature to take the intellectual and moral d.
mensions Of men upon whose minds even the
light of a partial acquaintance has never dawned
Elected but yesterday, tomorrow they are to be
called upon to pronounce an enlightened judg-
ment upon men Of whose very existence they
were ignorant but few hours since. The whole
thing is preposterous and absurd, in the highest
degree Some Of our woud-bc great men are
great only when they are away from home, and
stand hest where they are least known. Whereas
with the truly great, the converse of this propo-
siton is true. The nearer you get to them, to
the better advantage do they appear Especially
is this true of great leaders, and in perilous
times.


Like some tall clT that lins its awful form,


swells from the vale and midway leaves the storm,


Tho round its breast the rolling cloud. spread


Eternal sunshine settles on It's head"


Under the workings of the present system, it
will, if not often, occasionally happen, that some
little pert jurist whose ears are scarcely above his
shirt collar, will be paraded in solemn review be-
fore the legislature, and what though their candi-
date is not over brilliant nor his claims to these
sufirages in other respects over strong, yet with
little ingenious wire-puling, such as is often seen
in this body, together with well packed and
well organized lobby, where such an unsuitable
person may be engineered through.


Sir, suppose the amendment prevails, and the
Governor is allowed to select and bring forward
our candidates, what sort of a chance would such
a man stand for preierment in the hands ola
Jack Mattocks or Peter T, Washburn, the one
an eminent iurst and the other an able chief JUS
tice?


To those who knew the oausto humor Of those
widely differing specimens of Natures noble men,
there can belittle doubt that he would be granted
a summary hearing, followed by strong intima-
the power of genius lies the power to tell where
" genius is" Sir, if it should be asserted that
there are plenty of this power in the legislature
/ shall not deny it, All that we wish to be un-
stood to assert is, that the Governor is man, all
things considered, indisputably better qualified
TO select suitable candidates for this high Office
than the members of the Legislature from their lin
tied means Of observation can possibly be. | hope
we shall do ourselves the justice, and
the late Council of Censors the honor, to pass tho
article OF amendment No 4, with an
alaerity and unanimity to which its merits 50
eniitle it,


move you therefore, sir, that, with this object
in view, this committee now rise, and through
their chairman report to the Convention that they
have had the ith article of amendment to the
Constitution proposed by the late Council of Cen
sors under consideration, and recommend the
adoption of the same.


DEFERRED ITEMS.


u.. NJ. e NJ. Vt L.. -