The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1842-10-11
COM MUNlCATION.
r Of the Peoples Press

To the Editor of the Peoples Press.
SIR:-The Legislature at their last ses-
sion repealed certain sections of the militia
act on the ground that they were passed IN
violation of the CONSTITUTION. The law thus
repealed. presiding for the assessment and
collection of militia fines, by militia officers
varying only in the mode of proceeding, had
been in force ever since the hrsl otganlZa-
ton of the government under the Consliiu-
ton in the year 177s. This system was
continued for more than half a century down
to the last session of the Legislature, when
i, was for the first time discovered that this
was a violation Of the Cons;iiuiion-both
because it subjected the militia 10 marital
law 10 time peace-and because the pro-
ceedings in the assessment OF militia hues
were prosecutions for criminal offences
within the meaning of the Constitution, and
tine persons prosecuted were deprived the
right of trial by Jury have SAID that the
unconstturionllity of this system was never
before disrerned-aRd it is worthy OF re-
mark that this did not happen because the
subject was never brought TO view, for The
Legislature have loo frequently had this part
of The militia act uu1er consideration. and
have too frequently amended it, or rather al
tered il for the worse by making II more and
more complex and expensive. But among
all the multiplied cOntrivances TO improve
the law, cannot find that any attempt has
been made 10 take from the militia officers
the power Of assessing fines. Besides we
have hal three revisions of our code OF stat
ute laws, and some ofthem al least by our
most distinguished Jurists, and yet no one
discovered the unconstturonality ofthe NIL
tia act. In addition 10 this, during the
whole period, actions of ,resspass have fire.
quen!ly been brought agains. the collections
OF militia fines, on the ground of some al
legged irregularily in the mode Of proceed
ng-and vet none of the council who pros
ecuied such actions, nor any of the Judges
who decided them ever discovered HAT the
act authorizing he imposition and collection
Of such fines was unconstitutional and void
This contemperaneous construction of
the Constitution continued. and acquiesced !
in for more than half a century had fixed /
the construction and rendered il unquesion.
able. This principle has been well settled, |
and il is absolutely necessary 10 adhere TO !
it in order 10 maintain any degree of stabIl. /
iiy in our governments founded upon writ. /
len Constitutions.
Whether the construction Of the Consti. /
luton originally given by the trainers of it.
Or the construction of it given by the last !
Legislature, be the Tost correct coHstruc.
ion of the language of the Constitution is
of no Importance. And vet
{ 1t shall appear as trust it will (hcreafier) !
hat in giving this novel construction to the
constitution It's language was misunderstood.
hat the proceedings in assessing militia
ines parlake neither of the nature of law
martial. or prosecutions for criminal ufr,n.
;es, within The meaning of The constitution,
t will show in most striking roInt of view
he necessity of adhering 10 the principle a.
'ove staled-aud the danger of permitting
very successive Legislature Ia construe
he constitution as each one shall understand
AT present propose only 10 state the
Oundauon on which rests, and the authori.
les which support The great conservative
rinciple. That contemperaneous con.
,rHciion Of a constitution continued and
cquteSced in for period of years, becomes
hiding upon erery subsequent Legislature.
Seldom is AN act OfIhe legislature or
'rltien constitution so framed that 1t will
OF admit of different interpretations. Now
there be no mrans by which the in:erpre.
aIion cao be permanently fixed, we must
yer suffer from Change of The lax by eve.
y change Of Judges-and change in the
constitution by every change of the public '
'unciionaries. For evils so intolerable, a
smedy has been provided. When the high.
81 Judicial tribunal has decided what is I
re true Interpretation of statute, the con.