The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1841-12-28

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The Colonies to adopt for themselves, resPeeu.
such form Of government as should pes M
duce 10 their own happiness and safety III pa
suance of this recommendation most Oh Tue 80
onies proceeded To form Constitutions, the n
written Constitutions THAT were ever iormeu.
Now il would be no more rational 10 conclude
that these first Invented ,litical machines were
so perfect as not TO be Susceptible OF improvement,
than it would be 10 coaclude that the machines
first invented and first constructed by Hargrave
and Arkwfight for spinning wool and cotton
were so perfect that they could moi be improved.
Accordingly We find that these Constitutions were
crude productions and very illv adapted 10 insure
wholesome and bencfcisl administration oil
government; and experience soon demonstrated
that 1.-THE Constitution Of Pennsylvania was the
most imperfect of them III.
And unfortunately, only two years afterwards,
in the year 177s before the defects OF the Consl-
tnton "f Pennsylvania were experieEccd, we
adopted the same Constitution. with No other al
terstion than the erasure of the word Pennsylva-
MIA and inserting Vermont.
IE Pennsylvania, they soon discovered that
their Constitution was'defective and ftl the ne
cessity of amending it. And at the end of the
first septenary the Council of Censors proposed
amendments 10 The Constitution and called
Convention TO take them into consideration, and
adopt or reject then, agrceably TO the provision
OF the Constitution.
HTbe Conve ntion met and although deeply sem
sibe of the necessity of amending the Consiitu-
lion, yet they could not agree to ADOPT the amend
ment proposed, and Of course, as they then sup
posed. they were compelled to live under their
defective Constitution another septenary. AT the
end of that septenary, the Council again proposed
amendments to the Constitution and called
convention. The convention met, and large
majority were impressed with the necessity OF
amending the CONSTITUTE N, yet they could not
sgree TO the amen iments proposed, and could not
alter them, themselves, nor could they make any
compromise with the Council of CensoIs, Tor
their wear had expired and they were not IN exis-
tence There is a strange spectacle "a Tree soVe-
reign reope, having 1T all times he right To alter,
reform or abolish Ihrir government, as they shall
think proper, res r:cted in the exercise nf that
right, by provision IN their Constitution, adopt
ed fourteen years before. That ,h rteen persons
having no more claim 10 be the representatives
of the people, than the Governor had, should de-
eide what amendments 10 The Constitution the
PEOPLE should te permitted TO make, and in what
form, for the convention could only adopt them
without alteration, or rejrc them. | have often
heard il said that it is necessary 10 protect the
people against their own worst enemy, them
selves, but as il was said bv political brawlers,
paid 81 lille attention to it, that1 never enquired
now they .culated To give the people this pro-
III.
could be provided-but ii is now obvious that the
people can be protected against themselves, by
restricting en- in tie exercise Of the right OF
selfgovernment and that they can ENJOY this
protection bv Bn other means, and we have seen
that The Constitution has in this way provided
for the people tie most ample protect on. by pla-
cling the thirteen seniinels at their posts.
The failure in this second attempt TO amend
tie Constitution, through Council Of Gems ors,
4 ri of n,
muritr Such was the violence OF the House of
Representatives in leeisla ion, there being no
cheek upon them; such the intrigue and corrup
on in lie Legislature, by whom all appointments
II office were made; and such the admlnlstra-
lion of Just &c by judges appointed annually by
lite Legislature, that the liberties OF the penple
were in danger, and some were fearful that dis
solution Of the goveInme ut would take place be-
fore the end of the sep:cnary. The people of
Pennsylvania, thus situated, were not wanting to
themselves, The only i1curab'e disorder in re-
publican govt rnment, is W Il remarked by
Judge Nillson-hut attended The election oi
Representatives To the mex, Legislature. rot as
mere cock fighting concern. hot as business in
which they islt deep interest, and did as the
REQ; lie ever have done aud ever will do, on
such occasions-they locked at once 10 then most
able men and most distinguished patrols and
elected them their representatives. And when
t:ey assembled hey did not dsappon; their con.
stituen,s. Being Sats6 d that lie people ulL
not be secure in the enjoyment Of their rights
under the existing c. 'ns!;uiion, and despairing
If its being amended through a council Of Cen
ora. bill was Introduced referring 10 The people
the question whether convention should be
c. lied 10 amend the Constitution. Tits was OPP
poscd on the grounl Ina, The Constitution having
provided mode ol amencing il, it wouli be
violation Of thai Const tuition to pursue any other
mode fl WAS answered that TIE people have an
uualicnable right to institute such form of gov
eminent as they shall hnk proper and have at
all TIRES righ 10 Ter reform OF abolish t-that
Ibis right must always exist and remains u.in-
Jaired and unaffected by any prior restrictions
al ugh imposed by the people them elves.
Therefore, although the Legislature cannot call a
Convention to amend the G nst,tuion--that
power hav ng been vested in council Of Cen
sors, cxclus;vely-yei we ave not only lcgit-
innate right. but ii l. duty, in the pres Mt sit,
uation of the state. 10 refer the question TO tie
peoule whether Convention shall be called to
amend the ConSt tuition. This opinion prevailed
the act was pass d-a large majority Of the
people voted in favor of Conyenion-and
Convention was called who amended the Con
sttu,i,n; or rather abolished the first Constitu
ton and adopted new one. They divided the
Legislature 10y constituting Senate, the mem
brrs 10 be elected for four years. The power of
appointment was vested in the Governor, and he
TO be elected for three years, and tie Judges 10
hold their Offices during good behavior. This
constitution continued in force with no attempt
10 amend it, for forty-fve years. A convention
was then called to amend il, so that the Governor
should appoint. with the advice ant consent of
the Senate, and have understood that II was
amended accordingly. These proceedings in
Pennsylvania necessarily excited attention 10 The
principles on which our Institutions rest
When the colonies first for red Constitutions IF
government, they made declaration of their in
hei ent and undeniabe right to institute, form ard
establish such form of government as thew shon,d