Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1856-11-01
RESOLUTIONS
RELATING TO AMENDMENTS PROPOSED ny THE
COUNCIL OF CENSORS.

COUNCIL OF CENSORS.
Introduced by Mr. Merrill Of Montpelier and
adopted by the House of Representatives
Oct. 9Th, ls56-ayes Ia, noes 80.
Rcsolced, That in the judgment of this House.
the trainers Of our Constitution did not intend
to give, and did not in fac, give, to the Council
of Censors the power TO prescribe the districts
or constituencies entitled to send delegates to
the convention 10 be called by said Council
or TO limit the number Of such delegates, and
thereby deprive the towns in the State from be-
ing represented by their delegates. And in
support Of this Judgment the following consid-
erallons, among others may be adduced
flrd, The Preamble of the Constitution ex-
pressly provided and declared "lhe following
declaration Of rights, and frame of government
10 DO the Constitution Of this Commonwealth,
and to remain ia force therein forever, unalier-
ed 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 gov
e'nment directs, be amended or improved"
The convention which adopted this Pream-
bic was composed of delegates from the towns,
most of the towns sending one delegate each.
and some towns more than one and the Con-
slliuilon so adopted directed no other delega-
lion OF the authority Of the people, except a
representation of the towns, but provided that
Tor the then next seven years each town con-
tanning eighty taxable Inhabitants should be en-
titled 10 two representatives,, and each other
town TO one, and that after the expiration of
said seven years, each town should be entitled
a mn 4
this House do not find that said Preamble has
ever been altered or repealed, although said
Preamble, from considerations of policy and
courtesy probably, has not been published with
hhe Constitution since the State was admitted
unto the Union.
Second, The power of the Council Of Cen
eors in calling convention has never been en-
larged or altered since the first adoption of the
constitution, and therefore the same consiruc-
lion must be given to said power, whether the
said Preamble be regarded as now in force or
not.
Fhird, The practical construction given to
This part OF the Constitution during the whole
period of its existence, history Of nearly
eighty years, has been against any such power
in the Council Of Censors and the repeated
decisions Of our highest legal tribunals, rs well
as the dictates of sound craftsmanship, require
that construction SO given should be held TO
be conclusive.
Fourth, The power Of the Council to call
convention is limited and. guarded with great
care, and expressly confined to cases of ''abso-
lutte necessity" and it is highly improbable
that the trainers Of the Constitution should be
thus guarded, and at the same time purposely
give an unlimited power as TO the calling of a
convention,-a power that might readily be u.s.
ed in manner to decide The adoption Of the
proposed amendments.
Fifth, The Constitution orders the promul-
CATION of the proposed amendments six months
at least before the election of the delegates
"that the people may have an opportunity of
inslrucing their delegates on the subject. -
This provision evidently coniemplaies an in
siruction by the town meeting which elects the
delegate. No other kind or mode of instruc-
tlon has ever been known or recognized in the
political history of the State And such in
struction, when the election is by counties, has
never been recognized or provided for by any
law or usage, and IN fact is not praciicable.-
And therefore an election by counties renders
this provision of the Constitution nugatory.
Resoired, That in the judgment of this House,
the recent action Of the Council of Censors in
calling convention to be composed Of ninety
several coun,iss i o,o.,Is ,,oS1';,'',,a W.
and tba, the manner of c,,,;oo sa;d o,n,'a,,i''
is obiec,ionable because !, 49, no, go ="
the maiori,v ei,ber or tho noooI., .. - ,ta
towns ,he ri,b, IN dec;do nnon ,ta 1877