The Middlebury galaxy. [volume] (Middlebury, Vt.) 1848-1850, 1849-04-03
THE GALAXY.
MlDDLEBURY, VT.
Tuesday, April 8, 1849.
OF THE CONSTITU-
TION

TION.
We spoke last week Of the first Article Of
amendment to our State Constitution, proposed
by the Council of Censors,-the object Of
which is to secure more just and equal rep
resentation in the Legislature. The inequali-
ties are manifest, and remedy is certainly
needed. That Of dividing the State into Rep
reseutatve districts-.as in most other States
was rather suggested than urged; and we
expressed doubt whether the people of the
State were fully prepared to entertain such a
proposition. Such Convention as the Courl-
Gil have called, is perhaps empowered, when
once assembled, to adopt whatever amend
meets on this subject are thought proper 1t
is certainly true that no other scheme can do
much towards removing the difficulties in ques-
tion-but this, of districting the State, would
do SO entirely. The proposed plan, however,
We repeat, would not be without its benefits.
The second Article proposes to limit the
time of ballotting for Representatives, to 12
o'clock, the close of the regular day of Elec-
| ton.
The difficulties which have grown out of
the general Interpretation of the Constitution
and Statute on this subject-giving the cleo
ton, in the event of no choice, an indefinite
period to run riot" in-need hardly be men
toned, in this connection. The experience of
almost every town is tolerably full, on this
head; and where experience is wanting at
home, enough is to be had, every year, at
Montpelier, to satisfy any reasonable wishes.
1t is an evil-likely, under the present arrange
ment, to be an increasing evil-and remedy
should, by all means, be provided.
The Constitution, it appears to US, is suf1i-
GENTLY explicit on this point already while
the Statute (Which, however, must be interpret
ed to agree with the Constitution, or else it has
no force-for the Legislature cannot alter the
Constitution seems to give full latitude to pro-
long the Electon-should legal voters present
their ballots-until there is choice, even if
that event should not occur within the present
century. The Constitution provides, in the
plaineSt terms, that representatives shall be
chosen by ballot by the freemen of every
town in this State, respectively, on the first
1uesdaycf September, annually, forever" We
do not understand how this language admits of
any doubt or cavil. Least of all is it allowable
to refer to the Statute for construction of this
provision, for whatever validity the Statute
has, it has only, Of course, under the Consti-
titution. We 60 to tho Constitution, then, to
interpret the Statute, and not to the Statute
10 interpret the Constitution. When, there
fore, it is enactedby the Legislature that, if
there is no choice of representative on the
FIRST ballot, " the presiding officer shall so in.
form the treemen, and call on Them as afore-
SAID, giving reasonable time, only, for re-
ceivinG their votes, and so continue, from time
to time, to receive and count the votes, until
an election shall be made !" we must, of neces-
sHy understand that all these ballottines, in
accordance with the Constitution, are to end,
the moment the first Tuesday of September"
is legally at an end: for an election on the
first Wednesday of September, or on any 9TH
or day than that mentioned in the Constitu-
ton, is of course-if that instrument means
anything, or has any uthority-unconstitutio
al
The whole matter, however, has become so
involved and confused by discussions and pre-
cedents, that it is proper, we think, to make
the Constitution "speak little louder" so
that no one can avoid hearing its mandates, and
giving due heed thereto.
The proposed amendments providing for
the appointment of Judges, She1ifs, States
Attorneys, and Judges and Registers OF Pro.
BATE by the people, have been spoken of with
considerable favor, in many quarters, but, in
our Judgment, this would be an innovation as
dangerous IN It's example and as unsatisfactory
IN Its effect, as it is uncalled for by the neces-
sites of the case. Every officer concerned in
the administration of justice should be, in the
greatest practicable degree, Independent of
popular fear or favor, and unexposed 10 the |
least temptation like that which the conscious
ness, OF holding an Office entirely subject to
the control of those to whom he sus:ains that
official relation, will always, in greater or less
degree, present.
For the same reason, we oppose making the
Office OF Justice Of the Peace--one Of much
Importance and dignity, in every government
-tenable only on condition of securing the
popular favor, and of"making ones self agree
able TO everybody. As to the number of JUS
hces, 1t seems very proper that it should be lin
ited' and that too much power should not be
left in the hands of one representative, to ap-
point as few or as maryland whoever-he
Pleases and any suitable restrictions of this
kind, we should cordially approve
The eleventh Article, providing that the