The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1856-04-23

unnecessary innovation; and the care with
which an instrument, so important, has
been and should continue to be guarded,
renders it manifest that the people should
be fully satisfied that the Constitution is
defective to their injury, before they in
troduce and adopt new system. But
when it is apparent that substantial de-
fects do exist in the fundamental and
organic laws of the State, tho dread of in
novation should not prompt us to retain a
system which is inconsistent with the most
sacred rights Of the people. The trainers
of the Constitution Of Vermont, at an
early period in the political history of
the State, made provisions for "thc pre-
servation Of the rights and happiness of
the people" with more particular refer
ence to the state of the people, and to the
population of towns at that time, and they
wisely provided for making such amend
ments to the Constitution as might, in
the progress of society, become necessary
to secure equal rights, both to towns and
TO individuals ; and it is manifestly not
less our duty than our interest to accom-
modate present institutions to the present
rights and wants of the people.
The Council have had under their con-
sideration several important propositions
of amendment of the Constitution, which
they respectfully offer for your consider
alton and decision.
The House of Representatives should
be made more accurate and immediate
representative of the public mind. The
present constitutional provision giving
each organized town one representative
without regard TO population, is wrong in
principle, unjust in its operation and un-
necessarily expensive. The Council adj
here to the more reasonable doctrine
that population and representation should
be equal, and can see no good reason why
equal numbers should be unequally re-
presented. They believe, and the justice
Of that belief is irresistible, that if ten
thousand inhabitants in one section are
entitled TO ten representatives, the same
number of inhabitants in an other Sec
tion should not be represented by great
cr number. But under the present sys-
TEN one quarter Of the inhabitants of
the State have nearly the same number
Of representatives as the other three quar-
tcrs, thereby giving the controlling pow
cr of legislation to a minority. Such
palpable injustice in representative gov
ernment, though submitted to with patient
torbearance for long period of years
is nevertheless injustice still, and should
be remedied and the Council believe
that unless the people prefer TO give the
minority power over the majority, the
Constitutional Convention will adopt the
proposed amendment to make the repre-
sentation more in accordance with the
population Of the State. The present
number Of representatives is altogether too
large; less number would facilitate the
business of legislation, and lcgislate more
TO the satisfaction of the people in proper
ton as their individual responsibility
would be increased.
Another advantage would also be secur-
cd by lessening the number of representa-
tives, and by holding Biennial instead
of Annual Sessions of the Legislature
This advantage, though of a pecuniary
nature, and consequently of less impor-
tance, is not for this cause to be over
looked. 1t is estimated, after a care
full examination, that twenty thousand dol
lars would be saved annually, by adopt
ing biennial sessions of the legislature,
and that ten thousand, at least, would be
saved by lessening the number of repre-
sentatives as recommended by the Coun-
ell. This annual saving of thirty thou
sand dollars in the expenditures Of
State having comparatively no public rev.
cnue, and where the expenses of the State
are nearly all raised by direct taxation,
although not regarded as of the first im-
portance, should not be wholly without
its influence in deciding upon the more
weighty matters. 1t appears to us, that
annual sessions of the legislature, cspe-
cially with the present number of repre-
sentatives, have direct tendency to rem
der the system of legislation unstable.
The laws of one session of the legislature
are not unfrequently altered, amended
or repealed by subsequent enactments, be-
fore their import is understood, and be-
fore their practical operation could be
tested by the people. This has become
so great an evil as to be almost universal
ly felt and complained of by business men;
even men who make the study of law
their profession are compelled many times
to look over years of enactments to as
certain what the law really is. The adop-
tion of biennial sessions of the legislature
would remedy many of the evils conf
planned Of by giving the people time and
opportunity to read, understand and test
the utility of laws, before they are strick-
en- from our statute books.
The Council have proposed an article
of amendment to the Constitution under
which the General Assembly will have
power to authorize County Courts, on APP
plication of either party, to refer such
civil suits, as in the opinion of such court,
are proper TO be referred, under such re-
gulations as the legislature shall direct.
No encroachment should be made on the
right of trial by jury in prosecutions for
criminal offences, and the right of trial by
jury in all civil suits, proper for the cog
nizance of jury, should be preserved
inyiolate still it is believed that many
causes of action arise of civil nature,
which might be tried by referees more