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

expressed.
1t was urged before US that evils, to some
extent, have grown out of the present method
Of appointing Registers of Probate, and that
they should be elected by the freemen of the
respective Probate Districts; therefore we
offer an amendment in favor of the latter
method, and recommend the same to your de-
liberate consideration.
We have also offered an amendment to the
Constitution by which, if adopted, all elections
by the General Assembly, or by either branch
thereof will be made vipa voce. The mode pro.
posed would harmonic more with the indepen-
dent spirit of freemen, and give the people an
opportunity Of knowing how the power delegat
ed to their representatives had been exercised
The Council believe that section 43 of the
Constitution is defective, and should be amend.
ed. 1t enjoins on the Council of Censors several
duties, among which are, to g inquire whether
the Constitution has been preserved inviolate in
every part during the last septenary whether
the Legislative and executive branches of the
government have performed their duty as guar
dams of the people, or assumed to themselves
or exercised other or greater powers than they
are entitled to by the Constitution and wheth-
er the public taxes have been justly laid and
collected in all parts of this Commonwealth y
the discharge of which is Of no practical bene-
fit to the people. However much Importance
might have been attached to the discharge oil
such duties, during the period of years when
the government was destitute Of any ehicien,
checks on inconsiderate or unconstitutional legis
lation, lis apparent that by the organization
OF the Senate, as CO ordinate and in many res.
poets an independent branch Of the Legislature
and the passage Of laws regulating and eniorc
ing the discharge of the duties Of government
officers. more efficient remedies for the evil
which the trainers of that section of the Con-
stitution anticipated might exist, have been pro
vided.
The more important duties and powers of the
Council under the present Constitution and
..Iws relate to amendments of the Constitution
and their power to call Convention to adopt
the same. The section provides that the Coun.
Gil shall have power to call Convention, il
there appears to them an absolute necessity OF
amending any article of the Constitution which
may be defective, explaining such as may be
thought not clearly expressed; and of adding
such as are necessary for the preservation OF the
rights and happiness of the people but the
manner of calling the Convention and the num-
Der of delegates of which it shall be composed
rest entirely in the discretion of the Council
In order to prevent frequent and unnecessary
amendments and alterations OF the Organic
Laws of the State, the Constitution wisely pro-
yides that two thirds of the whole number Of
the Council elected shall agree as to calling a
Convention, which implies that two thirds of
the freemen of the State represented by the
Council, shall decide that there is an absolute
necessity of amending the Constitution, before
thew call Convention to consider of the same !:
and when the Council, in the discharge of the
duties assigned them, propose amendments to
the Constitution, and having decided by a two
thirds vote to call Convention, it would seem
that majority at least Of the freemen should
have an opportunity af adopting or rejecting
such amendments. If the population of the
towns in this State were nearly equal, SO that q
majority of the towns would necessarily repre-
sent majority of the people, there might be no
substantial injustice done by submitting propo-
sitions of amendment of the Constitution to II
Convention composed of one delegate from each
organized town. Such, however, is not the fact,
there are one hundred and twenty-one towns "a
maprity,) the aggregate population Of which is
less than one third of the population of the
whole State; consequently the practical effect
of calling a Convention of one delegate from
each town is to submit propositions OF amend
ment of the Constitution, which by q two-thirds
vote were adjudged necessary to be adopted, to
the decision of a Convention composed of dele
gates, q majority of whom represent less than
one third of the people, thereby giving the mi
nority COVER to decide what Constitution and
Laws shall govern Vermont. 1t appears to us
that no good reason can be given why Con
stitutional Convention should consist OF one
delegate from each town, and in the proposed
amendment we have limited the number to nine
~, and have provided the manner of their cleo
ton. And in order that such Convention may
represent the views, interests, and wants OF a
majority of the people, the amendment provides
that majority Of the delegates shall be appor-
toned to the several counties according to their
population.
The Council actuated solely by desire that
the Convention called by them to adopt the pro-
posed amendments, or such parts as will be most
conducive to the good government, peace and
happiness of the people, shall represent the IN
forests and views of a majority of the freemen
and inhabitants of the State, have in and by
their Ordinance for the call of said Convention,
limited the number of delegates to ninety, and
have apportioned the same to the several coun-
ties in such manner as will, in our opinion, pro-
tect the just rights of all. And we submit to
you whether the srinciple on which said Con-
vention is based is not, under existing insttu'
tions, in accordance with your views of right
in matters relating to the fundamental and Or
ganic Laws of the State.
Fello,o Citizens: Trusting in your intelli'
gencc aud wisdom, and earnest desire to SECURE
and preserve your rights and happiness, under
a Republican and Representative Government
we submit tho amendments, proposed by us, t.
your deliberate consideration, with confident be
lief that your decision thereon will be such a
shall promote your own interests, and add II
the prosperity Of the State.
By order of the Council Of Censors,
DAVID HIBBARD, President.
JAMES Nc SLApE, Secretary.