Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1856-10-31
Constitutional Amendments.


sion
rne Committee on the Judiciary, to which
wns Referred the accompanying resolutions
respectfully report; That they have exam
lpscu the propositions contained M SAIL reso.
1utions with all the time that they could
command. and with the delibomilon and
care that tncir importance demands so iar as
thcy have been able, and now present the
conclusions to which a majority OF the Tom
miilce have arrived.
The recent Council Of Censore have pro
posed TO amend the &c istituton OF Vermont
by substituting biennial for annual sessions
III the Legislature, to have the term of Of
fee of Judges Of the Supreme Court sA
years, of State Senators four years. and Of
all other officers two years. To have the
House Of Representatives composed OF one
hundred and fifty members, zach county 10
have two. and the remainder to be npportlon-
ed according TO population, to be elected Oy
districts and by plurality vote. 10 have
the Senate composed Of two from each coun
ty. That the ballot be abolished IN the Gen
cral Assembly. That the yeas and nays be
not taken unless demanded by at least ten
members. That the Secretary Of state, An-
ditor Of Accounts, Bank Commissioner, ana
REGISTER of Probate be elected by the peo-
pie. That the County Courts shall have
mower 10 refer suits. That a Constitutional
Convention be substituted Tot the Council Of
Censors, to be composed Of one from each
county, to be elected once ~ every ten years
with power to call convention Of ninety
delegates, TO be elected by the counties, each
county 10 have two, and the remainder 10 be
spporlioned according 10 population, and to be
elected by pluralitles.
Aud said Council Of Censors have called a
convention TO be composed Of 90 delegates,
each County to have two, and the remainder
are spporIioned nearly according to poPus-
ton, and said delegates are to be elected by
plurality vote.
This mode of calling Convention your
Committee find to be wholly novel.
The Preamble Of the Constitution, as es-
tabhshed in l77S, contained the provision
that the following "declaration Of rights and
frame OF Government should be the Constllu.
ton of this Commonwealth. 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 delegated, as this frame Of governments
directs, be amended or improved" &c.
Aud in the clause of the Constitution pre-
scribing the powers and duties Of the Council
OF Censors, the power was given to sait
Council to call Convention if there "shoulc
appear 10 them an absolute necessity o.
amending any article of this Constitution
which may be defective explaining such as
may be thought not clearly expressed, and Of
adding such as are necessary for the preser
walton Of the rights and happiness Of the PEG
ple."
~ this Constitution the supreme egisla
tive power was vested IN the House of Rep
res lnlatves, who we're TO be chosen BY the
ireemen Of every town, and It was provided
that every town having 20 taxable lnhabl-
tants within the next seven years might
choose two representatives., and every
other town one, and that after said seven
wears each town should be entitled to have
one representative forever thereafter.
This is the only delegation of the authori-
" of the people that is mentioned IN said
Constitution.
The Convention that adopted this first
Constitution was composed Of delegates from
the towns, though u few towns sent more
than one.
The majority of your Committee are of
the opinion that the said preamble and Con-
stitution cannot properly be construed to re-
fer TO any other Convention than one to be
composed of delegates from the towns.
And your Committee cannot find that said
preamble has ever been repealed. Ii is true
that the Constitution, as recommended by
the Council of Censors in 1892, and publish
ed by the Convention in 1893, did not con.
tain the preamble. But in reply 10 this it
is TO be noticed, that in 1893 the Council
proposed amendments making an entire new
frame of Government, but the amendments
were rejected by the Convention, except
that the l7th, 18Th l0th, and Both sections
were added, and the Doth amended. This
Of course left the preamble in force. And
il is further 10 be observed, that the pream-
bic was not always published with the Con-
stitution when 1t was confessedly in force.
In 1885 the Constitution recommended by
the Council of Censors did not have the pre-
ambe, although they made no proposition to
repeal 1t; while the Constitution revised by
the Convention called by said. Council in
1896, did have the preamble. In the Revised
Statutes of 1887 the preamble is inserted.
In 1871 volume was published containing
the revised Statutes of 1857 and the acts
passed since that date, aud in this volume
the Constitution was published with the pre-
amble left out, and yet II was undoubtedly
IN force up to that time This differing
usage shows that the omission to publish the
preamble is no conclusive evidence that i
whs not IN force.
Your Committee deem il highly probabl,
that when Vermont was admitted into III,
Union, it was judged by our statesmen t.
be discourteoUs to New York, then bocom,
sister state, to publish preamble charg
ing upon that State so many grievances: an
that therefore it was silently omitted in tn
compilation OF the Statutes.
Your Committee think il proper to state
in confirmation of their conc Illusions, that on
learned aniquary, Henry Stevens, ESQ.,, in
forms us that few wears ago he, IN con
junction with Governor Williams, who wa
distinguished for his researches into our 30
lliica history as well as for great abilities a
jurisi. examined this subject thorough,
aud that both arrived at the same conclusion
that have now been stated by your Com
mittee.
But, whether the preamble be regarded a
IN force or not, the same construction Is I
be given to the power OF the Council
Censors now, as when II was first cOnierfei
because the power has never been enlarge
or altered. No jIrist would claim that III
mere repeal Of the preamble would operat
to give an enlarged or an unlimited powe
TO the Council of Censors.
The contemporaneous construction give
TO this power Of the Council IL clear and do
cislve. Conventions were called in l7Sf
1893, 1914, 1921, 1928, 1885, ls4l and ia.
aud IN every case Convention of ono dele
gate from each town was called
The Council of 1885 proposed to cleo
Representatives. by districts, and well knew
that Convention OF delegates from tn
towns would not be so favorable to thei
amendments as would be Convention @
delegates from districts, but il seems tina
they felt bound to call the Convention a
they did. This was the first constructio
that was given to this power, and It has
peculiar and commanding force, because
wss given by the trainers Of the Constitution
aud at Junctnre when the strong inclint
ton Of their minds was to call Conventio
more favorable 10 their amendments.
And in all the cases where Conyentio,