Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1857-01-15

AeSotoea' nat IN view of the language used
oy me Original trainers Of the Constitution in a
convention held for that purpose; of the fact
mat me same Convention was composed of de le-
gates from the several towns in this State that
every convention since held has been composed
OF members elected E similar manner ; that
amendments when proposed we're directed TO he
Pfoma gated at least six months before the day
appointed for the previous consideration Of the
people, That They might hare an opportunHy Of
mstRe'iag their delegates on tie suhjeci that
then as well as now the TWINS were competent
to hold meetings required by law, pass votes of
Instruction aud certify the same through their
regularly constituted officers, which The counties
and mere territorial jurisdictions have rever been
arh"1ilad to do; in view Of these and other
reasons, this Convention is sat SIZED that by Gre
aing new constituency and transferring the
right OF delegation from the respective towns TO
the counties, the late Council Of Censors acted
unWiseIy and exceeded the powers deyolyed az
Ga them by the Constitution. as heretofore
practically Interpreted
Fssos'@d 'Ih1t If there is no specific proyis-
lon III iho Constitution prescribing The whole
manner q n'eelhg members to the Conventions,
,he pf4rIrlo town Of representation Is too fully
lHjlcated t1 ba bus invaded or 3ssailed, more
especial "a under ii for more lhan seveay
years me State has found order and stability and
ne people have enjoyed prosperity and safety
dad 10 aSnuch as on various occasions the gene
raj provisions of'lhe Constitution have been car
red ont in detail by legislative action, it is rec.
ohaIsaaed 10 the conag legislature Of this State
10 BAKE solRe provision So that whenever auy
iuinr3 Council Of Censof8 Shall decide upon
calling a Convention, and fix the time of the
he i'ng thereof, and Of eloclng delegates there
to- tho proper officers Of each ioWn nav take
measures for ho ding The meetings in each town
eleeng The delegate Of such tawn and certify
Ing his election. as near as may be in the same
manner now prescribed for The election OF the
Representatives Of such town in the General As
seuibly OF the State.
ReSof1ed, hat our Constituents, in elec'ng
delegates 10 this Convention in the manner pre-
scrbed BY the Ordinance Of the late Council Of
oehSnrs, ana not so do for the purpose Of ac-
bmoNledeing the validity of, Or confirming The
Same Ordinance, but the rather, BY expressing
themselves through organs chosen in The very
manner selected By the Council, to express more
emphaticdlly their Teprobaton Of the action of
the Council in the premises.
heSolrd, That the amendments proposed by
the Council will necessarily fail and be virtually
telecled by The people unless duly confirmed
tins Convention sees no occasion TO take any fur
Their action ia relation thereto
Mr.. Dillingham; said it might seem it,
tie inappropriate for this body to interfere, as
it does in the second resolution, with the
Legislature Of the State. He would there.
fore remark, that the resolution simply re.
quests the Legislature to act and it was as
proper Tor this convention to request it as it
would be for any other body, aud rather the
more proper, as this convention represents the
whole people Of the State and is in the main
acting under Instructions.
Mr.. Field Of Windham county said we
have precedent for recommending logisla-
tlon. The council Of censors Of 1885 SO far
departed from their specific duties as to rec
omolend TO the Legislature acts upon three
very important subjects. Vice eersa, in 184S
the Legislature requested the Council to rec
important amendments, affecting tho
election Of county officers; and the last Leg
stature adopted resolutions upon the very
business in hand.
MI Adams Of Chittenden county approved
heartily OF the report aud resolutions, and
deemed debate unnecessary. If there are
objections, let them be urged now, that the
vote may be reached as early as possible.
Mr. Bascom Of Addison county said that
it was not without difidonce that be dissentel
rom the doctrines and conclusions of the re.
port and resolutions. If he understood them
The gist OF the whole matter is, that this
convention is simply like any other popular
convention, without any specific rights or du-
lies. Now he did not so regard it, but be-
eged that this convention was called by le-
gal authority-the council-and for specific
ourposc--to adopt Or reject the amendments.
This IS the fact; and now he insisted that
his convention had no right to ignore the
authority which had created them and that
It can accomplish no more good by passing
resolutions as to the powers of the council,
han as to the constitution Of Texas. The
may express opinions, it is true
)ut those opinions are not authoritative or
binding upon future councils. JUDGED, the
irst step proposed, is to declare that the con.
'ention has no authority If It has none,
both its acts and opinions are nugatory. 1t
vas observed yesterday that courts and iusli-
'es take c9gnizance of jurisdiction True,
1nt they are not competent to settle the prec.
sdont question: ghetl or they are courts or
JUSTICES. Chat power belongs to the supreme
'ourt; and until that court decides that this
has the right to decide upon the
powers Of the council, he could NOT assent TO
he resolutions. In his county, ID was uader-
stood that its delegates were to vote against
he amendments; but it was not understood
hat this body had no legal existence. II il
lad been so understood, be never wovld have
'ome here. Washington county had expires
ed such an opinion; but he was not aware
hat cthor counties had done SO anl deemed
t hardly proper, therefore. to consider this
instructed For his part be
would not travel out Of tho line Of deity, as
t wis said the council had done. The pre-
mble to tho original constitution are 10 be
made by the authority of the people fairly
delegated, and he insisted that this is The
MY prescription Of the constitution, Lsthis
convention fairly delegated Z" Il 50, it's
constitutional convention. While he did
lot desiie to interfere with town repre-
eatation yet he was compelled to say thar
he delegation BY population, as provided by
he council, was quite as fair as an equal rep
esentaton from unequal towas. The objec.
ion that the people could not instruct this
onvcntion had been urged anil yet on the
Their hand the argument here is that Il is
The fact is, he believed, that in
jther form, elected by towns or by counties,
he people can instruct them. AS to the ar
ument raised upon the preamble oil the orig
na constitution, he observed that tho pfeam.