Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1856-05-01

whether there is an absolute necessity Of
amending, explaining or adding to the organic
laws of the State, and they have endeavored
to give the subject that attention which its
importance demands The Constitution Of
Vermont contains all provision necessary to
preserve il from evil consequences Of upnee-
cesary 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 salts
fed that the Constitution is defective to their
injury, before they introduce and adopt a
new system. But when it is apparent that
substantial defects do existin the fundament-
al AND organic laws Of the State, the dread
of innovation should not prompt us to re-
tain system which is inconsistent with tho
most sacred rights OF the people. The farm
ers Of the Constitution Of Vermont, at an
early period in the political history of the
State, made provisions for " the preservation
of the rights and happiness of the peoples"
with more particular reference to the state of
J the people, and to the population of towns
at that time and they wisely provided for
making such amendments to the Constitution
as might, in the progress of society, become
necessary to secure equal rights, both to
toYns, and to individuals; and it is mani
testify not less our duty than our interest to
accommodate present institutions to the pres
ent rights and wants of the people.
The Council have had under their consider
alton several important propositions of amend
ment of the Constitution, which they respect
fully offer foryour consideration and decis-
ion. t4~sss ssss-.ss- -
The House Of Representatives shonld be
made more accurate and immediate repres-
entative of the public mind. The present
constitutional provision giving each organiz-
ed town one Representative without regard
to population, is wrong in principle, unjust
in its operation and unnecessarily '-""~-
The Council adhere to the mere 80. .naule
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 inhabi-
tants in an other section should not be re-
presented by a greater number. But under
the present system one quarter Of the inhab-
tants of the State have nearly the same num-
Der Of representatives as the other three quar-
tiers, thereby giving the controlling powers of
e legislation to minority. Such palpabe in
t justice in representative government though
submitted to with patient forbcarance for a
: long period oil years is nevertheless injustice
: still. and should be remedied and the Coun-
y Gil believe that unless the people prefer to
q give the minority, the Constitutional Conven-
o ton will adopt the proposed amendment to
r make the representation more in accordance
: with the population of the State. The pres
l. ent number of representatives is altogether
n too large less number would facilitate the
business of legislation, and legislate more to
= the satisfaction Of the people in proportion
!. as their individual responsibility would be
increased.
lie Another advantage would also be secured
es by lessening the number of representatives,
1t and by holding Biennial instead of Annual
ID Session of the Legisature.-This advantage
u :, though of pecuuiary nature, and consequent
Z y OF less Importance, is not for this cause to
ar be overlooked. 1t is estimated, after careful
it examination, that twenty thousand dollars
De would be saved annually, by adopting bien-
4 NAL sessions of the Legislature, and that ten
Is thousand, at least, would be saved by lessen
e ing the number of representatives as recon-
u mended by the Council. This annual saving
70 CT thirty thousand dollars is the expenditures
d. of State having comparatively no public
o. reveuue, and where the expenses of the State
be are nearly all regarded as Of the first i'm
y portance, should not be wholly without its in.
&c fuencc in deciding upon the more weighty
N matters. 1t appears to US, that annual ses.
te sions of the legislature, especially with the
u present number Of representatives, have di
v. rect tendency to render the system of legis.
ms lation unstable. The laws Of one session Of
ne the legislature are not unfrequently altered
. amended or repealed by subsequent enact
'e ments, before their import is understood, and
" before their practical operation could be test
ed by the people. This has become so great
T. an evil as to be almost universally felt
rs and complained of by business men even
p men who make the study Of law their PROBES
sion are compelled many times to look over
st years Of enactmentsto ascertain what the law
ID really is. The adoption of biennial sessions
of the Legislature would remedy many of the
evils complained of, giving the people time
and opportunity to read, understand and test
the utility of laws, before they are stricken
from our sta tute books.
st The Council have proposed an article Of
g amendment to the Constitution under which
~ the General Assembly will have power to au.
Of thorize County Courts, application of either
party, to refer such civil suits, as in the opin.
ii ion Of such court are proper to DO referred.
rs under auch regulations as the direct No
y encroachment should be made on the right Of
trial by jury in prosecutions for criminal Of
S. fences, and the right of trial by jury, should
a. be preserved inviolate still it is believed that
L. many causes of action arise of civil nature,
of which might be tried by referees more in ac-
70 cordancc with the just rights of the parties.
to In proposing this amendment We have more
ce particular reference to actions of ejectment
t. and trespass, in the trial of which, the referees
en- should, generally, go upon the land or in the
Or vicinity where the cause of action arose, and
tie there hear the testimony and make personal
a. examination Of monuments and land marks
or which would enable them to find the facts
G. and to decide the matters in dispute and at
III the same time the parties might reserve all
r. questions of law for the decision of the County
G. aud Supreme Courts 1t is of great impor.
h lance that the remedy for the redress of wrongs
Of be within the pecuniary means of every in
h dlvidual; and we believe that in the trial Of