MlbUthm
Xn tftfs iprr arc juMfeftrtr tfie utUc rtrcrs, Stcfioluttotw. Hatoa, Bu&Ue Errattes, iJanftrupt Sottccs Etc. oe tfie tttrttclr States, U2 Sluthortts.
H. BELIj, Editor and Proprietor.
MIDDLEBURY VT. NOVEMBER 8, 1842.
VOL. VI1NO. 27.
mtss&.
jl rUHtlSnED EVEKT TUESDAY mornixg at
10ITU ISD OF TIIE BltlDCE, BT
J. COBD JR.
-hom all orders for printing, Books,
mnhiets. Bills. Cards. &c, ot every acs
.ription will be ncatlyandfashionably e.x-
iuted, at short notice.
TERMS OF THE SEVEHTH VOLUME.
rtllfeiiibicrib",
H.ti:..h.rr)ifri. ... ... e.on
Oompanlti on itiferoutm S.
Thni who lake of Pixlrlden, . . . iOO
f aotpild it the end oflhc yt ar SifiS.
j,opHcrdicontinueduntilarrearageiarept!d,except at
itieoptionof the proprietor. No payramtit'Camen al.
loweJoieeptorderto nymepropritior.
lllcnramunlcatlonintltbeadiIrciiiedt- tne edltorl'oiT
I.AWS OF THE UNITED STATES.
Patted at the Second Sestion of 27th
Congress.
i orricnL publication.
Pcblic No. 78.
NT ACT to provide for tlie reports of the
" deciM'iiis of the Supreme Court ofthe U.
nitcdStaies.
Ile it enacted by the Senate and House
of Rppresontatives of the United States of
Arntrica in Congress assembled, Thatthei
reportcr who sha'l, from time to time, be ap.
poiiiied by the Supremo Court, shall be en.
liiled to receive from the Treasury of the
United States, as an annual compensation
for his services, and for the copies of the
iimual volume.s of the reports he is herein.
dter required to delivcr to lhe Secretary of
State, lhe sum ot thirteen nundrea aoilars :
Provided, That the compcnsation shall not
l paid uiiless the said reporter shall print
sod publish, or cause to be printed and pub
IishcJ, lhe decisions ofthe said court, made
durin" the time he shall act as such report
cr,wiihin six months after the said decisions
shall be made: And provided also, That he
shall delivcr to lhe Secretary of State, in
licu ofthe eighty copies of lhe annual ro
norls which bv fonner acts he was required
to dcliver, one hundred and fifty copies of
lliejaid reports, so pnnted and published,
uliicli said copies shall be distributed as fol-lo-.s,to
wit: To the President of the Uni.
lcd Staics, the Justices ofthe supreme court
ofthe United State?, the Judges ofthe dis.
trict courts, the Attorney General ofthe U
uiled S.utes. the secrelarv of Siate, the sec-
retarv of the Treasury, the secretary of
War, the secretary of lhe Navy, the Post
uiasler Gcnernl, the First and Second
Comptrollers of tho Treasury, the Solicitor
ofthe Treasury, lhe Frst, Second, Third,
Fotmh, and Fifih Auditors af the Treasury,
tho Autlitor of lhe General Post office, the
Treasurer ofthe United states, the Regis.
tcr of the Treasury. the Commissioner of
the General Office, the Pavmaster General,
the Commissioner of Indian Affairs, lhe
Commissioner of Pensions, lhe Judges of
lhe several Territorial Courts oftho United
itates. lhe Governors of tho Territories of
tlie Uniied states, the secretary of the sen.
ale.ihe Clerk of the House of Ropresenta.
tivcs for the use ol the House of Representa.
Iivcs, and to tlie Commissioners of the Na
vy, each one copj; to the secretary ofthe
senate, for theusa ofthe standing commit
tces of lhe senate, ten copies; and to the
tlerk of ihe House of Representatives, for
the u:e oftho standing committees of the
House, twelve copies; and the residue ofthe
saiil copies shall be dcpcsited in the Libra
ry of Congress, to become a part ofthe said
Library : .And provided also, That the vol
umes of lhe decisions of lhe supreme court
shall not be sold by lhe reporter to the pub
Iic at large for a greater price than five dol.
lars for each volumo.
Sec. 2. And be it further enacted, That
in casc of tlie death, resignation, or dismis
jion from office of either of the aforesaid
cfficers, the said copies ofthe supremo
court shall belon" to and ba delivered up to
ilieir respective successors in the said offi-
JOHN WHITE,
Sveakerof the House of Representalives.
W1LL1E P- MANGUM.
President of the Senate pro lempore.
Approved, Aug. 29, 1812.
JOHNTYLER.
Public No. 79.
AN ACT makine an appropriation for the
erection of a Marine hospital at or noar
Ocracoke. in North Carohna.
Be it enacted by the senate and House of
Kepresentatives ofthe United slates ol A
merka in Congress assembled, That the
fcum of ten thousand dollars be, and the same
is hereby, appropriated, out of any money
ntheTreasurv not otherwise appropriated,
for the purciiaso of a site and the erection of
n Marine hespital at or near Ocracoke in
North Caro'ina; the sito to be selected and
the buildin" to be contracted for and erec-
tcd underthe superindcnce and direction of
ne sceretary of the Treasury; and that he
(the secretary ofthe Tie&sury,) bo directed
to icport to Congress, at its next session,
thr progress and condition of the work :
Provided, That the expensa of tho land and
building shall not exceed that sum.
Approied, Augut 29, 1842.
PrjBLic No. 80.
ACT making appropriations for cer
tam site for manno hospitals therein men
lioned. Be it enacted bv tho senate and Houso of
"eprcst nlatives ofthe United states of A
jwerica in Congress assembled, That the
followinj suma be, and the same are here
byi appropriated for sites for marine hospi
tals, selected and purchased under the act
of March third, eighteen hundred and thirty
en enutiea "An act to provide for certatn
harbors, and for the rerr.oval ofthe obstruc.
"fns in and at tho mouthsof certain rivers,
na for oiher purposes," viz.:
For a site fcr a marine hospital at Natch-
ez, in the state of Mississippi, seven thous
and dollars.
For a site for a marine hospital at Napo
leon, in the state of Arkansas, one thousand
dollars.
For tho site for a marine hospital at St.
Louie, in the state of Missouri, seren thous
and four hundred and sixty eic'nt dollars.
For the sito for a marine hospital at Pa.
ducah, in Ihe state of Kentucky, one thous.
and dollars.
For the site of a marine hospital at Pitts
burgn, in the state of Fennsylvama, ten
thousand two hundred and fiftv threo dol
lars.
For tho site ofa marine hosDital at Cleve-
land, ia the state of Ohio, twelve thousand
dollars.
Sec. 2. And bo it further enacted. That
tho said several sums of money be paid out
oi any moneys m tne Treasurv not other
wise appropriated.
Approved .dugust 29, 1842.
PrjBLic No. 81.1
AN ACT to establish ond regulate tho na-
vv ratiOR.
Be it enacted by the senate and House of
Represcntativcs ofthe United states ofA
merica in Congress assembled, That the na
vy ration shall consist of the followini? dai.
ly anowance ot provisions For each person :
une pouud ot salted pork, with hIf a pint
of peas or beans ; or one peund of salted
oeef, with half a pound of flour, and quarter
of a pound of raisins, dried apples, or other
dried fruits; or one pound of salt beef, with
half a pound of rice, two ounces of butter.
and two ounces of cheese, toxether with
fourteen ounces of biscuit, ono quarter of an
ounce oftea, or eunce of coffbc, or ono
ounce of cocoa; two ounces of sugar, and
ono gill of spirts: and a weekly allowance
of halfa pound of pickles or cranbercies,
half a pint of molasses and halfa pint of vin
egar. Sec 2. Andbeit further enacted. That
fresh meat may be substituted for salt beef
or pork, and vegetables or sour crout for
tne other arlicles usually issued with the
salted meats allowing one and a quarter
pounds of frcsh meat for one pound of salted
beef or pork, and regulating the quantity of
vegetables or sour crout so as to equal Ihe
value of those articles for which they may be
substituted.
8ec. 3. And be it further enacted, That
should it be necessary to vary the above
described daily allowance, it shall be lawful
to substitute one pound of snft bread, or one
pound of flour, or halfa pound of rice, for
fourteen ounces of biscuit; halfa pint of
wine for a gill of spirits; halfa pound of rice
for halfa pint of beans or peas; half a pint
of beans or peas for half a pound of rice.
When it may be dccmed ezpedient by the
Picsident ofthe United s'.ates, secretary of
tho Navy, commander ofafleetor squad
ron, or of a single ship when not actiug un
der the authority of another officer on for
eign service, tho articles of butter, cheese,
raisins, dried apple, or other dried fruits,
pickles, and molasses, may be substituted
tor each other and and for spirits: Provided,
The articlo substituted shall not exceed in
value the article for which it may bo is
sued, according to the scale of prices which
is or may be cstablishcd for the same.
Sec. 4. And be it further enacted, That
in cases of necessity tho daily allowance of
provisions miy be diminishcd or varied by
the discrction ofthe senior officer present
in command, but payment shall be made to
the persons whose allowance shall be lhus
diminished, according to the scale of prices
which is or miy be established lor the same;
but a cummandcr who shall thus make a
diminution or variation shall report to his
commanding officer, or tothe Navy Depart
ment, the necessity for the same, and gtvc
to the purser wntten orders specifying par
ticularly the diminution or rcduction which
is tn be maile.
Sic. 5. And be it further enacted, That
no commissioned officer or miashipman, or
any person under twenty one years ofage,
ihall be allowed to draw ihe spirit partof ihe
daily ration; and all other persons shall be
permitted to relinquish that part of their ia'
tion, under such restrictions as the Presi
dent ofthe United states may authorize; and
to cvery person who, by this section, is
prohibiicd from drawing, or who may re
linquish the spirit part of his ration, thero
shall be paid in lieu theroof, the valus ofthe
same in money, according to the prices
which are or may be established for the
same. f
Sec. 6. And be it further enacted, That
the provisions of this act shall go into efTect
in the United states on the first day ofthe
succeeding quarter after it becomes a law,
and in vessels abroad on the first day of tha
succeding quarter after its official icceipt;
and any acts and parts of acts which may
be conlrary to, or inconsistent with, tho pro
visions of this act, shall be and are hereby
repealed.
Approved, August 29, 1842.
PrjBLic No. 82.
AN ACT authorizing the Secretary of the
Navy to contract for the purchase for the
United States the right to use Babbit's
ant'rattrition metal.
Be it enacted by the Senalo and House
of Representatives of the United States of
Amenca in Congress assembled, iliatthe
secretary of the Navy be, and he hereby is,
authorized to contract for the purchase,
from the proprietor ofthe patented interest
therein, for the United States, the right to
use Babbit's anti aitrition metal in the con
struction of machincry and other work; sub
ject to the ralification of Congress.
jlpproved, August 29, 1842.
PrjBLic No. 83.
AN ACT establishing a court at Charles
ton, in the Commonwealth of Virginia.
Be it enacted by the Senate and House
of Representatives ofthe United States of
Amenca in Congress assembled, X hat here
after terms of the di.trict court for the wcs.
tcrn district of Virginia b holden at Charles.
ton, in the county of Kanavha, commen.
j cing on the Wednesdays after the second
iuondays ol April and boptemberof every
year, in ticu oi tne sessions ol said district
court now directed to boheld at Lewisburg
in tho county of Greenbriar, which said
last mentioned sessions of said court
hereby discontinued.
Approved, August 29, 1842.
are
PoBLtc No. 84.1
AN ACT to provide for the publtcation of
a new eaition ol the laws and regulations
oftho Post Office Department, and a
perfect list ofthe post offices in the Uni
ted States.
Be it enacted by the Senate -and House
of Representatives of the United States of
Amenca in Congress assembled, That the
Pastmaster General be. aad he is herebv au-
monzea anu required to cause to be colla-
ted and printed in namphlet form, suitablv
for distribution, a completo edition, of not
less than eishteen thousand conics. ofthe
laws relating to the Post Office Department;
together with lhe regulations established by
said Department for the betlerconduct of
tis business ; and also a new and completo
list of all lhe post offices in the United
states ; showine their respective distances
from Washington, and from the capitals of
the states in which the several oihces are
situated.
Sec 2. And be it further enacted. That
for the purpose of carrying into efTect the
provisions of this act, the sum of nine thou
sand one hundred dollars is hereby appro
J ... r : .t. n-ll.
not otherwiso appropriated.
.Approved, .August 29, 1842.
Pdblic No. 85.
AN ACT to reorganize the Navy Depart.
neni oi me unitca states.
Be it enacted by tho senate and House
of Representatives of the United s'ates of
Amenca in Ooncress assembled. That tho
act approved February seventh, eighteen
hundred and fifteen, entitled "An act lo al.
ter and amend the several acts for establish-
ng a Navv Department, hv addinir thereto
a Board of Commissioners," be, and the
same is hereby, repealed.
bec. 2. And bo it further enacted. That
there shall be attached to tho Navy Depart
ment the following bureaus, to wit :
1. A bureau ofNavy Yards andDocks.
2. A bureau of Construction. Eauiument.
and Rcpairs.
3. A bureau of Provisions and Clothing.
4. A bureau of Ordnance and Hydrora-
phy.
5. A bureau of Medicine and surgery.
Sec. 3. And be it further enacted. That
the President of the United states, by and
witb the advice and consent of tho senate.
shall appoint from the captains in tho naval
service achief for each of tho bureaus of
Navy Yards and Docks, nd of Ordnanco
and Hydrography, who shall each receive a
salary of three thousand five hundred dol
lars per annum, in lieu of all other compen.
sation, whatever, in the naval service ; and
shall, in liko manner, appoint a chiefoflhe
bureau of Construction, Equipment, Re.
pairs, who shall be a skilful naval construct-
or, and shall appoint a chiefoflhe bureau
of Provisions and Clothing, who shall each
receive for his services three thousand dol.
lars per annum : ond shall in like manner
appoint from tho surgcons of the navy a
chief oftho bureau of Medicine and aurgor
y, who shall receive for his services two
thousand five hundred dollars per annum.
-Sec. 4. And be it further enacted, That
the secretary of the Navy shall appoint the
following clerks, to wit ;
For the office of secretary ofthe Navy, a
chief clerk, who shall receivo for his servi
ces two thousand dollars per annum ; one
registering clerk, who shall receive for his
services ono thousand four hundred dollais
per annum ; three recording clerks. who
shall receive for their services each one
thousand dollars per annum ; one principal
corresponding clerk, who shall receivo for
his services one thousand five hundred dol.
lars per annum ; and two nssistant corres
ponding clerks, who shall receive for their
services each twelve hundred dollars per an.
num ; ono warrant clerk, who shall receive
for his services twelve hundred dollars per
annnm ; and ono miscellaneous clerk, who
shall receive for his services eight hundred
dollars per annum.
For the bureau of Navy Yards and Docks,
one civil engincer, who shall receive for his
services two thousand dollars per annum ;
one draughtsmcn, who shall receive for his
services one thousand dollars per annum ;
one chief clerk, who shall receive for his ser
vices one thousand four hundred dollars per
annum ; and two assistant clerks. one of
whom shall roceive for his services one
thousand dollars per annum, and the other
shall receive for his services eight hundred
dollars per annum.
For the bureau of Construction, Equip
ment, nnd Repairs, one assistant constructor
and draughtsman, who shall receive for his
services lhe sum of one thousand six hund
red dollars per annum; and four clerks, ono
of whom shall receive for his services four
teen hundred dollars per annum, and the
others shall receive for their services ono
thousand dollars per annum each.
For the bureau of Provisions and Cloih
ing, one chief clerk, who shall receive for
his services one thousand four hundred dol.
lars por annum ; and two clerks, one of
whom shall receive for his services ono
thousand two hundred dollars per annum,
and the other shall receive for his services
eight hundred dollars per annum
For the bureau of Ordnance nnd Hydrog
raphy, one draughtsman, who shall receive
for his services one thousand dollars per
annum ; and threo clerks, one of whom shall
receive for his services twelve hundred dol
lars per annum, and the others shall receive
for their services one thousand dollars per
annum each.
For the bureau of Medicine and Surgery,
two clerks, one of whom shall receive for
his services twelve hundred dollars per an
num, and the other shall receive for his ser-
vices eight hundred dollars nor annum :
and one assistant surgeon, who shall receive
tor his services not less than the highest
pay ot his grade in the service.
Sec. 5. And be it further enacted, That
the secretary ofthe Nary shall assicn and
distribute among the said bureaus such of
the duties oftho Navy Department as h
shall judge to be expedient and proper; and
all the duties ofthe said bureaus t hall be
performed under the authority ofthe secre
tary ofthe Navy, and their orders shall be
considered as emanatintr from him. and
shall have full force and enect os such.
Sec. 6 And be it further enacted. That
thero shall be allowed to each . bureau i
messenger, who shall receive for his servi
ces a compensation not exceeuing seven
hundred dollars per bnnum.
oec. 7. And be it further cna' ed, That
the chief of each bureau hereby tablished
shall be authorizeu ;o frank all co'mmunica
tion? from his bureau ; and all communica-
tions to his bureau, on the business thcreof,
shall bo freo of postage.
ec 8. And be it further enacted. That
tho books. records, and papers now beloug
ing to the office of Navv Commissioners
shall be dislributed amons the bureaus. ac
cording to lhe naturo of their duties respec
tively : and the Secretary ofthe Navy is
hereby authorized to provide for each bu
reau such books of record and accounts. ond
such stationery, 03 may bo found necessary;
for which purpose the sum of three thousand
five hundred dollars is htreby appropriated,
payableout ofany moneys inthe Treasury
not otherwise appropriated.
sec. o. And be it further enacted, That
the unexpcnded balance of the appropriation
for clerks in tho office of lhe Secretary of
the Navy, and tho uncxpected balance of
the appropriation for the Commissioners of
lhe JNavy, their secretary and clerks, to
Kother with such additional sum as may be
necessary to carry this law -in efTect, be,
and the same are hereby appropriated out
ofany moneys in the Treasury not other
wise appropriated.
Sec. 10. And beit further enacted, That
the secretary ofthe Navy shall, if the same
can be dono without detriment to tho public
service, appoint, with their consent, officcrj
oftho navy, not abovo the grade oflieuten
ants, lo perform the duties of any clerkship
created by this act, (except as herein other
wise provided,) who shall receive each for
their services not moro than nine hundred
dollars per annum, including their regular
pay and rations ; but the nppointment ofany
of tho officers or clerkships in this ast shail
in no manner whatever intorfcre with his
grade in lhe service-
Sec. 11. And be it further enacted, That
acts or parts of acts authorizing the Presi.
dent ofthe United States, or tho secretary
ofthe proper Department, under his direc
tion to transfer any portion ofthe moneys
appropriated for a particular branch of ex
penditurc in that Department to be applied
to another branch of expenditure in the
same Department, bo, and lhe same are
hereby, so far as relates to tho Department
of lhe Navy, repealed.
Approved, August 31, 1842.
Pubuc No. 86.
AN ACT to hmit tho sale ofthe public
stock, and to authorize the iisue of Trea
sury notes, in lieu ihereof, to a certain
amount.
Be it enacted by tho Senate and House
of Representatives of the Uniied States of
America in Congress assembled, That no
stock authorized :o be issued for a loan. by
the act entitled "An act authorizing n loaa
not exceedicg lhe sum of twelve millions of
dollars," approved July twenty first, eiaht
een hundred and forty one, and the act a
mendatory oftho same, entitled "Au act for
the extensinn oftho loan of eighteen hund
red and forty one, and for an addition of
five millions of dollars thoreto. and for al
lowing interest on Treasury nole due,"
approved April fifteenlh, eighteen hundrod
and forty two, shall hereafter be sold below
par ; and in case the same cannot bo sold
at or above par, and the exigencies ofthe
public servico shail require the same, then
and in that case the Secretary ofthe Treas.
ury shall be. and hereby is, authorized to
issuo Treasury notes in lieu ofo much
thcreof as cannot be thu? negocialed, to nn
amount not exceeding six millions of dol
lars. Sec. 2. And be it further enacted, That
the Treasury notes authorized to be issued
by virtu'e of this act shall not bo issued after
tho time limited by said last me.itioned act,
beingthe fifieentn day ol April, eighteen
hundred and forty Ihree, for making said
loan, and thoy shall bo issued under the
provisions and limitations contained in the
act entitled "An act to authorize ihe issu
ing of Treasury notes,"approved the twelfih
day of October, eighteen hundred and thir
ty seven, and as modified by the act enti
tled 'An act additional to lhe act on the
subject of Treasury notes,"approved March
ihirty first, eighteen hundred and forty,
Provided, That tho notes authorized to be
issued by virtue of this act may, when re
deemed within the time above prcscribed
for issuing the same, provided that not
more than six millions in amount shall bo
outstanding at any ono time under the au
thorily ofthis act.
Sec. 3. And be it further enacted, That
nothing in the act contained, entitled an
act authorizing lhe loan above reforred to,
and an act nmendutory of tha same, shall
be so construed as to authoriz' the issue of
certificatcs of stock, for debts now due or lo
become due by the United States, for any
other purpose than a bona fido loan to the
Government according to the original in
tention of that Isw, and that no ce.-tificato
for any loan shall be issued for a less sum
than one hundred dollars.
Approved, August 31, 1842.
Gea. Joseph Desha,rx Governorof Ken
tucky, died at his residence, in Georgetown,
Ky., on Wednesday, the 13th inst. His re
mains were interred nezt day with military
and majonic honors.
SONG I SAW HER ONCE."
BT RICHAKD II. Dllft.
I aanr ber onca; and st II I ee .
That placM ye and thaugbtlul broir;
That voice! it ipoke butonce to mo
That ijuiet Toice is with mo now.
Where'er I ;o my soul it bltst;
Sha mctU me there, a cheering light;
And when I aiuk away to rest
She munners near ood Dighl! good nighl'
Our earlhly formj are far apart;
But can ber apirit bc so nigh
Nor I a home within ber heartl
And lore but dream her fond reptjT
Oh, no! the form that I beholj
Ho shapiog this of memorj!
Her self, her self is hcro enfould!
Isaiv her onco; andslilt I ee.
ADDRESS OF THE COUNCIL
OF CENSORS.
To the Freemen of the State of Vermont:
The Council of Censors, chosen on the
last Wednesday of March, 1841, pursuant
to the forty third section oftho constitution
oftho state, about to close their ofP.cial la -
bors, urcscnt to tho public the rcsult of their
aeiioerauons inrciauon 10 tne vanoussuc -
- , .- . -i t.
jects which havo occupicd their at tention
dunng the pastycar.
Among olhcr things, it is made the tiuty
of tho Council to inquirc whethcrlhe con
stitution has been prcserved inviolatc, it
cvery part, during the last septenary ;
wliethcr the Iegislative and executive bran-
chcs have performed their duty as guardians
oftho people, or assumcd to themselvcs or
excrciscd other or greater t.owers than thoy
are entitled to by the constitution ; wliethcr
tlie public taxes have been tustly Iaid and
collcctcd in all parts of -the state ; in what
manner the public money has been disposed
of, and wliethcr the laws have bccn duly
cxccutcd ; and thoy aro empowered, also,
to proposo altcration and amcndmcnts of j
the constitution, and to call a convcntton
to considcr such altcrations & amcndmcnts
as the Council may deera it expedient to
proposc.
Wo have cxamincd the various laws up
on the statute book, and bclicvc that, with
few cxceptions.thcy have been enacted with
a due regard to the provisions and limita
tions contained in thc constitation. Duty.
howcver,constraincd us to call lhe attention
or the legislaturo to that portion of tho mi
litia law which related to the government
of the militia when not in actual servkc,
and topronouncc that partofit, which eni
powcred the officers of militia to imposo
and enforco tho collcction of fines and pen
altis by law-martial, and without the right
of trial by iury, to bo in contravention of
tho scventeenth section of the first chaptcr
of the constitution. That section declares
that "no person in this state can, in any
case, bo subjected to law-martial, or to any
penaltics or pains by virtue of that law, cx
cept those employcd in the nrmy and thb
militia in actual service." Believing that
the law, authorizing tho imposition of fines
by courts'martial for militarv neglect and
ofTenccs, at ordinary militia trainings, was
dn-cctly in violalion of the above reciteu
article of thc constitution, we respectfully
recommcnd to the legislature its rcpeal or
modification, and wc are gratihcd to hnd
that thc last legislaturo has so far amcndcd
this law as to repeal tho objcctionablo parts
and to give the accuscd a trial bcforo thc
ordinary civil tribunals.
The Council have directed their earnest
considcration tothe tenuro of office now
given to lhe state senators. On viowing
tho department of legislation, and tho pur
poso of each branch in its action, as a law
making powcr, we aro a'.ruck with tho im
propriety presented by the relativo periods
for which tho delegates to the several bran
chcs are rcspcctivcly appointed. With
tho present mode of election and limitation
of their services, it is but little bctter than
giving the whole legislativo power to a sin
gle body of men. They are all elcctcd by
thc people at the same time, and for tho
same period. They go into office on the
same day, and their public services tormi
nate at the cnd of tho year. As the mcm
bers ofthe House of Representatives come
from every town in the state, and are elcc
tcd for one session only, it cannot, from the
vcrv naturo of tho case, be othcrwio than
that there should be, in many of them, a
want of cxpcrienco in legislation. In so
numerous a body thero will ahvays be a
liabilitj to high excitemcnt, and, as a con
scquencc, toinconsidcrate legislation. And,
whenever an improper excitement, ofa po
litical ca3t, ariscs or cxists arnongtt the peo
ple, it will bo communicatcd to, nnd carried
out bv, the legislators in their official trans
actions. The object of a Senato is to establish a
more cxpcrienced, delibcrativc, and inde'
pendent body than tho House. buchai
uuuy , tn j" a j
rience has sho wn to be absolutely necessary.
Rnt. as senators and members ofthe House
aro now elccted for the same term of time,
V eicctcu lor tuu aaiuu tuiiii ui tmic,
and as the senate are a less numerous body,
and dependent, in some measure, for a
election, upon the representatives of their
respective couniies, who may be presumed
in PTerciaean influence over their clcctions,
it is believed that they cannot possess the
independence requisite to a proper revuiuu
ofthe proccedings oftho House of Repre
scntatives. , . .
In order to secnre this important oujccr, i
the Council of Censors have recommonded,
an amendment ofthe constitution
econst.tu.on. giv
SX&TZZp modeof irul extremely
r0hird goottofoffilcattheexpirationd one which would be resorled
of each vear. We considcr this the more; to with great reluctance. The Council
neccssarv, inasmuch as the evecutive de- have, therefore, recommended the pnnoi
parlment has no other power over the enact. pe 0f rcmoval by resolution, on a vote
ments of law, in his duty ofrevision, than ' 0f two thu-ds of each ofthe houses ofthe
to remrn tbcm to the body in which Iheyj L,elsIature. It is believed that this will
originaled, with his objections. after which, ,,;Vc a sufficient powerover that judge who
notwithstanding these objections, they may , yes t0 tne people, by his official con
become tho law ofthe land bya vote of ajuct ,i,al he ;3 unworthy of their confi
majorlty, only, of each house. I ,
Tho Senate ought to possess adcgree of ucnt-t..
;nr to the senators an olhcial term oi inreo
permanency and stability of office. in order
to prevent the necessity oftho intervention
ofthe cxeculive veto, a poweralways viow
ed by the people with iealously, and its cx
erciso generally marked with disapproba-
tion. By giving to thosenators a tcrmof
three ycars, you placc them beyond iho in
flucnco of the sudden excitemcnts oftho day
and yet leavo them suffictently responsibl
to their consituents. It is believed that in
8electin5r candidatcs for that office for the
term of three years, more caro will be takon
to sccure men worthy of the trust. than
when tho sclection is made to fill the office
but for the term of one year.
By a division of tho Senate into three
classes, which a portiun only will go out
each year, there will rcmainamajorityof
old mcmbcrs, by whose exporicncc the neu
ones will bc grcatly bcnefittcd, and tho
wholo together will form a salutary check
upon i!w fuorc numcrous branch of oId."!
will find a grcatcr obligation rcsting upon
, himself to become acquaintcd with tho du
; ties of his station, than if he were appoinlcd
but iorasmgle session. ot fourot hve weeks.
jAs his services and attainmonts will bo
knotvn and apprcciatcd by his constituent3.
I . 'I! U I . ! T,l 1 I
.ou ui uu ub auuiuiamu uj u muu.iuiu um
bition to qualify himself for a fuithful and
honorablo dischargo ofthe important duties
assisned him. Thus will lhe conservativo
powcr ofthe Senate be mado to opcrate up -
on tho covernment, and thus will that de
r'"ree of stnliilitv in the laws bo nresorvcd.
o j .
so highly necessary in rcuring the liberty
and prospcrity of the people.
The Council havo also had in considcra
tion the Judical systcm ofthe stab. They
havo much to admirc in tho organization of
this systcm. Tho plan of combining thu
supreme with tho county courts for the trial
of issucs of fact, so fiir as to asscciatc a
judge ofthe supreme court with tho judges
of the court, haa provcd by cxperienca to
fulfil cvery purpose which its most ardcnt
advocatcs could havo anticipated. Tho
grcat impiovcments which the adcption cf
this systcm has introduccd in tho adminis
tration of justico must be apparcnl to all
who will comparo it with lhe systcm by
which it was prcceoded. But this Council
believo that the time has arrived when an
advantagc might bo obtained by giving to.
the judges of lhe supreme court a greater
degrce of indnpendcnce. This should bo
done by cnlarging the "tenuro of their offico.
As this is a subject fixed by the consti
tution, and cannot, like the organiza:ioti
of courts, corr.e under tho control of leg
islative enactment, it, nsccssarily de
volvcs upon us to recommend such an
improvement. On the best reflw-ction
we can give the subject connected with
the present improvements ofthe agf, we
cannot do our duty to the state, without.
at this time, recommending an amend-
mcnt ofthe constitution so as to give lo
the judges an office to be held by them
seven vears Irom tlie date ol tueir re
snective election. This nroposition has
been brouffht into favor with lhe Cuun-
cil bv considerations, somc of which they
will mention.
In no state in thc union. with tho cx
ception of Vermont and Hhode Island,
are the judges of the highest court electeil
annually.
The appointment being made by lhe
j nnt ballot of the two liouscs of our leg
islaturc, it becomes highly necessary to
place the supreme judges beyor.d the en
croachments of that body. We cannot
expect an impartia! and securc adminis
tration of the laws, without conferring
upon the judges an independence which
can never be realiz1 d under appoiiuments
annually made by the legislature
The judicial power should be separa
ted so far Irom the legislative and execu
tive. as that neilher should exercise tlie
duties anpertiining to the other. Each
should be independent of lhe other.
ISeither should encroach upon thc oilier;
and, as the judicial is a weaker body, it
should, inthe exeicise ofits funclions, be
rcndcred as independent of lhe other as
circumstances will admit.
U is an attribute ofthe supreme judi
cial tribunals to judge of the consiituiion-
ality of all laws passed by tne legislature,
;vhen properly brought in review before
them. They are ahvays to regard the
constitution ai the fundamental law ofthe
land, and superior to any legislative en
actment. Consequenily, if the law 'u not
warrantcd by, or is repugnant to, the
provisions of the constitution, as is soine
times the case, the judges are bound to
nmnmincr ir lnnnerative ana voia. oan
i. , exoected that iudges, dependent
' the leg'slature of their
appointment, will possess lhe necessary
firmness to judge over the hearis of that
hndtf. and declare their enactmenls void ?
. , ,
i ne ; -
re-!attended to th-s subject, proves that the
cuntrary effect is the result.
j This Council, then, are fully ofthe
onTni0n that, tosecure talent. experience,
, fidelity and independence, the tenure of
0ce 0r lue jU(jges should be enlarg-
Yet it may happen that the judge may
u;mif , ;nnnmnn,Pnt. or ofa
r- " rror ' uhh a
r " . n, hiPct himself to i.n-
- , Jf . i
The subject of alierfng the time f r
ho!ding frermerCs meeting, and the ses
sions ofthe Legislature, has been brotight
to our notice by the urgent solicitations
of individuals from various parts of tli
state. Thc time for ho!ding freemen'a
meeting Is alledgred to be too earlv in tlie
season, espicially for the accommod.itlon
ofthe farmer, as itmost generally arrive?
befnre he has cotnpleted his harvest, and
the early day of election not unfrenuent-
ly prevents a full attendance of the free
men at the polls.
As a remedy for these lnconvcntenccs.
we have seen fit to propose to the peo
ple, for their considcration, the second
Tuesday of October for the holding ol"
freemen's meeting, and lhe first Thurs-
day of Jaauary following for the con-
of lhe Le"islainrp. cif-'"-r t
thai body the power to appoint, by law,
a different day, for the tnectin!: ol ihe
Legislature, if deeined adiiable.
Whether this is called for, is a quest on
for your consideration an l dccision.
The manner of appointrrieiii,: of lhe
officers of the county has been urgeil
upon tlie Council from var ous parts oftho
state. Strong objections are made lo lhe
present modj ol c!ecting these local nf-
1 ficers b)' e Legislature. The ca itli-
dates cannot bc supp is-d to bo pcrs nal-
ly known to but fw of that body. Con
sequently, impoMtion and intriguj have
too frequcntly hnd more tn do than merit
in the appoininunt oftln'se oflicer-i.
The Council, ihereforc, have ihouglil it
adrisable to give these appoiutnic.is d -rectly
to the people, who will l.e bt-M
acquainted with lhe qii&Iificati ns ofllios
who are to terve them, an I will be boiier
cnabled to select, and as well :ir:liiicd to
appoint the bcst men to office, ns thu
body whose duty it now is t ii.ukct!.eu
appointinent-'.
As, in a free govenimen, all t' o r.
pointmcnts to ofH.'c, as wcli a all Lw,
proceed direclly or indirecily (rom
people, it cannot well be deni d tha, :n
farasis pract ble, these juwers should
be retainod bv them. The Coun
therefore recommended ih it t'te rLctio i
of sherifT and high bailififbc iven to thc
freemen of tho county. These are ex
ecutive officers ofthe county, chuheil,
in the cxccution of their duties. wiih t k
owner to contrul, not only the prope-ty,
out the per.-ons ol lnd.vieiuals. J h-u
autllority ts confinetl to and perv.uley thu
county, and iheir appointinent ought.
therefore, not lo be taken f o:n the peo
ple oftlie county.
In regard t i the appointment or jm
tices of the pcace, by the freemen o(
the'r respective towns, alihough lhe of
fice is for the county. yet, as their servi
ces are mostly confincd to the towu n
which they rcside ; and inasmuch as iu
the o:ic casc, they will be personally
known to every clector, and in the o'.lier
(if elected by lhe county) will be known
to but few, it is the opinion lhe C mnci'
that the whole public interest will be
better subserved by"g-ving lhe appoint
inent ofthe justices ofthe peace to tlm
freemen of tlie town in which they rc
side, than ;n any other way.
We have, th Tefore, pr ipos d an n
incndmeni of the constitution giving ihe
nppointment ofthis officer diree ly ii
tlie freemen ofthe town ; and ne havo
likewise recommended that the nuinbi-r
of junices, to be appointed for eai-h town,
be s imewhat in prop irtion lo lhe num
ber of inhabiiants of each town no one
town being allowed more than iwclv,-.
We have proposed an aincndmctit to
the tenlh section ofthe second chaptcr
of the constitution, altering the 111:111m r
of making rctunis ofvotcs given forGov
ernor, Lieutenant Govcnior, and Treas
urer. author"zing lhe several presidin
officers over the several freemen's meet
ings in thi3 state to for.vard a cerl ficaie
ofthe number of votes given, wiihoui
transmitting theballots themselves.
Uuder the present mode, cousideiahle
inconvenicnce has been experienceil,
white it is not known that ni y b ncfii
has been derived. Tltccer ificate ofthe
officer alone has been all thc evid nce
required by the canvassing committee
when ascerta'ning the number of votes
east for the respective ca ididjtes.
L he subject of abohshing lhe Coun
cil of Censors, an J giving the power to
propose amcndmems of lhe cr nstitution
to one or both branches of the Legifla
ture, has been presented to the deliber
ate consideration ofthis Council. It Iia3
beenurged thatitwould bean important
saving of expsnse to lhe state, and that
the other duties ofthe Council, as now
prcscribed, have.by theprogress of im
nrovemenl in the legislative and judic
ial departments of the government, be
come unimportant and useless. But af
ter a full discussion of this subject wo
have not judged it expedient to reco n
mend lhe abolishing of that body. We
havereason toapprehend thatif thc pw
er to nrooose amendments of the con
stitution were exercisr-d by one or both
ofthe Legislature, there could be no sav
ing of expense, considerng the time that
would thus be occupied bv those bod-
ies ; that parly politics would too often
mix with tlie discusions, and inflir.'iica
thc dec'uions in relation to lhe proposa'a
of amendment.
The Council have seen fit to pl .cu
before you, for your consideration a;i 1
decision, one other proposal of aui!n 1-
mont tothe constitution. Thti relato