Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1856-04-04

clearly expressed and by adding such a
/ are necessary, for the preservation Of Oh
rights and happiness of the people"
The preamble alluded 10 Is a. follows
"WH, the Representatives of the Frecme
/ Of Vermont, in General Convention met &c
do ... ordain, &c the following dcclara
ton of rights &c. to be the Constitution q
/ this Commonwealth, and to remain 10 fore
therein forever uualtcred, except in sue
articles as shall hereafter, on experience, b
found TO require Improvement"
The writer then argues, that the power q
the Council is restricted to cases Of dbso'ut
necessity. or positive defect or ambiguity o
some nsic provision necessary for the hnppI
ness ofthe people, and that the preamble nls
makes the Constitution undHvdbie 1Orersr
except In the cases specified.
The assertion ~ then made that the actor
Of the Council is not warranted by the lcuc
or the spirit Of that instrument, because Of III
radical, sDeeping aud revolutionary character
and because there IS no absolute ncccsst
tyn Of the amendments. The bare statemcn
ufihe argument shows it's absurdty.
Who is TO Judge Of the nature and cxten
ana scope Of the amendments necessary ioi
the preservation of the rights and happiness
orthe people 2" Who can sit In Judgment
upon the actions or the motives of the Coun-
eli, and decide whether they believed the
proposed amendments necessary lo, or pro-
motive Of, the "rghis and happiness of the
people ~
The Constitution entrusts the power Of
proposing amendments 90 the Council of
Censors, and with the Constitution before
them, they have performed their duty 10 the
best ofiher Judgment But this writer says
they exceeded their powers, because the a.
mrndmenls are of a sweeping character
aud 1t gravely proposes to consult The judy
as Of the Supreme Court. and evoke their
opinion upon this point. When q comes up
foe argument we shall probably have learn
ed reference 10 old authorities 20 show us
the difference between necessary amend
mcnts, and "swcepmg' amendments. and
perhaps reference 10 a Montpelier Jury, 20
decide whether 10 fact The Council reilly
bothered those amendments necessary Goo the
preservation Of the sights and happiness of
the people," or WHEELER they did not, aud lt 10
proved that they did so believe them whoih-
az the aforesaid Jury believe 20 too. In Tins
way, doubtless Judgment might be obtained
against the Council of Censors. Bot wc
Jam"r tlo Non,o,Irr Fdrprs whether ibe
question had moi better be submitted TO a
Jury of the people of The state, which ihe
'o"nc'' nave c"leu yer 'ua' pu'Pos ,'eA' w.
10 ,rsc,.d he ,Lc nrnn,.sed amendments thew
ought To- be allowed voice.
4r,e hare s,,,.ner, or,bou Re,,bj,,u',
81 a,o,,,on,.bov s,,s .hsrrd,,yu I.oRotr.
.Tbe con.,,n,op op,rp.is the mower of
proposing amendments To the Council of
Censors. mud with the Constitution before
ineu'' a'y ndp' P' io,""I que" "''y ~ 'd
I(oo '''
t,J,,Ji i'm ,,ry do.J-wo,lJn't tboi be
mil. ~. ,.,o All ,o,.ily no corsc, III, tho
l'....hi.. C.,..,I 81 roa.,,s b,, ,,o,.,s,d
a.,.,o.,.., ocr,.,,od Nh. .nt,c.
ro,y If .r,,toy or Ru.s,, ,bo p,,ri,rcl,,tos
oc A,,hi, MP ,r,,,,,, mp n. tyranny ,r
u,d,r,s.,r9 Tbisi. - snrIic,snt answer
..,t.Li,., a., ,,.,,,,,..3 l.,, .,ys. d.,