Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1842-12-30

subscriber wishing pay paper can therefore do it
through tho pospaster of his town. free Of postage.
Montpelier, Dec. 80, 1s42.
-------------------
AMENDMENT OF THE CONSTITUTION.
We ngree with our correspondent in last weeks
Waterman, that the constitution authorizes tho
council Of censors 10 call n convention for the
purpose Of considering aud adopting amendments
proposed to the constitutions without directing in
express terms how The convention shall be con-
stiIu;ed. But does ii follow, rs he seems to tnkc
for granted, tina, Tho council have an underlined
aud unlimited power in this respect? The con.
vention mus, be composed Of delegates, and there
is hut ohs mode of representation by delegates
known TO the constitution o. the pr,cice of the
government, and that IS representation from
towns consisting of one delegate from cac
This is emphnlicnlly the constitutional repre-
sentative principle under our political system; and
if the council of censors are not bound by this
principle Of representation how can he said that
they are bound by the princpe which regulate,
the elective franchise +? They may, for aught we
sec, as well direct delegates 10 u convention to he
chosen for instance, by ireeholders alone, exclu-
ding all other freemen, as 10 order n convention
OF delegates, as our correspondent supposes may
| be done, from counties or districts, or from
towns in unequal numbers. No council has ever
yet advanced nny pretension to either power, and
it is quite certain ihat one will ever he incon-
sGerale enough to do so. That body has hitherto
been composed Of grave, judicous, and intelligent
men, sound in doctrine and conservative IN prn.
cipie, md it is not likely bn they will ever ALLOW
themselves 20 lie prompted to acts equally at var-
nuce with precedent aud with the spirit and in
tent of the constitution.
If the question was mn original one, and stood
upon the provisions Of the constitution alone, we
think there would he very little doubt in regard to
! II. The convention being representative body,
I and The constitution containing express reg,i-
laiIons as TO the made of constituting il, the rule
| prescribed for constituting the representative
branch OF the government in which was vested
the supreme legislative power OF the state, would
of course he taken as the rule understood and in
tended TO apply 10 the convention. The utcrnn-
i've being either construction suhltcIing The
ptwer oi the council Of ccnsors to The limitation
ilDnshed by The analogy, We lnve mentioned, or
construction comforting upon it power, ~ for rs
concerns the particular matter III question, alto
geiher uprcstralned and arbitrary the former
should and wonld be adopted rs the safe. fnrcr,
aud more reasonable construction. But the ques-
ton is not TO be treated us an open question. 1t
has been settled by early exposition, and by unde
vaing correspondent practice, as few historical
facts will show.
The convention which adopted he first cons-
tuition of the state, IN the year l777 consisted of
delegates chosen under resolution OF n previous
convention, Recommending 10 each town to elect
delegates TO meet in convention"
The first council Of censors elected under the
constitution, in 1855, called a convention under
the following resolution - Resolved, That the first
constable Of each town in this State be, and he is
hereby directed, &c, to warn meeting Of the in
llahtunis OF their respective towns, Sc, 10 ecc,
| one member Of u convention, in the same manner
us representatives in Assembly are legally TO be
chosen" &c.
The conventions of17s7, 1893, 1915, 1922, 1923,
1886, and The convention called by the last
council of censors md which is 10 meet next
week, were all called and chosen on the principle
of one delegate f ON each town.
| 1t is thus seen tIn, the construction we hold 10
was sdohed Ivy The first council of censors chosen
| under The constitution, and hos been recognized
| and acted upon by every successive council since.
IL has The sancIiUD Of invarable precedent, the
s,tpporiof uni lo aud uninterrupted usage antihas
bicome the established aud settled interprt ialon
and cannot be changed but by change OF Tie con.
81 tuition ITSELF We have always understood il 10 be
an acknowledged principle in jurisprudence, tina,
n contemporary exposition OF the constitution
pracliced and acguesced in Tor n long space o
me, as in this instance nearly sixty years, settles
nIpd fixes the construction. We therefore repent
what asserted II few weeks ago, thai, ace ord.
ing 10 existing regulations oil alterations or amend
mentS OF The constitution must be proposed by a
council Of censois chosen by The people at large
aud adopted by n convention composed Of one
dslegate FROM each town in the State"