Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1856-10-31
RESOLUTIONS
RELArING TO AMENDMENTS PROPOSED
Tifr

COUNCIL OF CENSORS.
Introduced by Mr.. Merrill of Montpelier and
adopted by the House of Representatives,
Ocl, Oath, lSj6-aycs Ia, noes 80.
Resoiued, That in the Judgment of this
House. the framers of our Constitution did
not intend TO give, and did not in fact give,
to the Council of Censors the power to pre-
scribe the districts or constituencies entitled
to send delegates TO the convention to be
called by said Council, or to limit the num-
Der of such delegates, and thereby deprive
the towns in the State from being represent
ed by their delegates. And in support of
this Judgment the following considerations,
among others, may be adduced:
FIRST, Tho Preamble of the Constitution
expressly provided and declared "the follow
ing declaration of rights, and frame Of gov
eminent TO be the Constitution of this Com
monwealth, and to remain in force therein
forever, unaltered, except IN such articles as
shall hereafter, on experience, be found to
require Improvement, and which shall, by the
same authority of the people, fairly delegat-
cd, as this frame of government directs, be
amended or improved"
The convention which adopted this Pre-
amble was composed Of delegates from the
gate each, and some towns more than one ;
and the Constitution so adopted, directed
no other delegation of the authority
Of the people, except representation
of the towns, but provided that for the
1 then next seven years each town containing
eighty taxable inhabitants should be emitted
I to two representatives,, and each other town
I to one, and that after the expiration Of said
! 81 4
to one representative forever thereafter 49,
Aud this House do not find that sud Prcam-
Bile Inns ever been altered or repealed. al
though said Preamble, from considerations
of policy and courtesy probably, has not been
published with the Constitution since the
State was admitted into the Union.
Second, The power Of the council of Cen
surs IN calling convention has never been
enlarged or altered since the first adoption OF
the constitution, and therefore the same
construction must be given to said power
whether the said Preamble be regarded az
now IN force or not.
Third, practical construction Civ
en- 10 this part Of the constitution during the
whole period of It's existence, a history oi
nearly eighty years, has been against any
I such power IN the Council OF Censors aud
the repeated decisions Of our highest lie,
gal tribunals, as well Us the dictates of SCUM,
, statesmanshlp, require that construction :,
given should be held to be conclusive.
Fourth, The power Of the Council to cal
a convention is limited and guarded with
great care, aud expressly confined to cases
of absolute necessity and II il highly i'm.
probable that the trainers of the constitution
Should be thus guarded, and at the same time
purpnsely give an unlimited power as to / h,
calling OF convention, "a power that mig h
readily be used in manner to decide the
adoption of the proposed amendments.
/ tg0h, The constitution orders the promul
cation olthe proposed amendments SIX month";
: at least before the day for the election OF dele
gates, ''that the people may have AN opportu
nifty Of instructlng their delegates on tn,
subject This provision evidently contem
plates an instruction by the town meeting
which elects the delegate. No other kind u
mode Of instruction has ever been known o
recognized in the political history of til,
/ Stale. And such instruction, when the elec
ton is by counties, has never been Iecognlz
= ed or provided for by any law or usage. an,
+ m fact Is not practicable And therefore
D election by counties renders this provision O
the constitution migratory
; ReS0iptd That m The judgment ofthis House
: the recent action Of the Council OF Censors IL
calling a convention To be composed Of nlnet
/ delegates, to be elected by the ireemen OF tn,
/ several counties, is clearly unconstitutional
and that the manner of calling said cOnven
D ton Is objectionable, because It does not Sc
+ cure 10 the majority either Of the people o
OF the towns, the right to decide upon th
e proposed amendments, but gives the decision
If to pluralites OF votes IN the several counties
}. which pluralnies may be minority of tn
8 people and because the distribution of dele
0 gates among the counties is manifestly une
D quail.
RESOLVED, That most OF the amendments mo
posed by said Council are 10 fundamental an,
c important IN their character, arc 30 destruct
\ i've of the rights of the freemen Of the towns
o Anvil be 80 detrimental to the welfare OF GU
il Commonwealth, that this lianse are impelle
e by their sense of duty as the representatives
e the ireemen OF the several towns colnposin
i the State, and by their feally to the constltr
= ton, to protes, aud do hereby solemnly pro
D, test, against die said action ofsaid Council q
!. Censors, and do hereby declare that sal
!. action Of said Counci is unconstitutional an
= Of no binding imse, and that the conyen,io
q so called, and tho decisions thereof. wi,
Q be IN like manner unconstitutional aud oi u
I validity