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

bic had gone out from the statute books sine
the convention Of '93, which adopted nel
Institution.
Mr. Smith Of Washington county though
the gentleman from Addison had mseoncoige
which has sent us here. 1t is tho people, no
tic council, which has sent us hero. TIA
council fixed the time; the people have don
the work, and added substantially instruction
10 reject the power Of The council to pres:rib
the manner Of clecing the convention. A
10 the preamble to tho original constitution
the gentleman from Addison is in error.
was omitted in Haswell'a edition Of statutes
1851, six years before the convention of 1898
and Wltaoat authority Of lar, for The precod
| ing coarention did not repeal or authorize
any omission Of tho preamble. To respect
also, to the meaning Of the preamble, Mr.. s
dissented from the literal construction Of tn
gentleman from Addison, deeming it to b,
more just, on the best legal authorities, tc
adopt the construction which was consonan
with the whole spirit Of tho instrument. and
especially with the actual construction made
by the trainers of the constitution, and by
the people from that day to this.
Mr.. Webber of Windsor county observed
that, as the gentleman from Addison had
based the validity Of the convention on the
fairness Of the delegation. he should contest
its fairness. Perfect equality vas not attain.
able, as was found in the practical operation
OF the q. 5. Government, where the small
states were allowed disproportionate power,
because they were essential parts Of the vital
force required TO sustain tho Union. So in
Vermont and for the same reason, the small
CT towns ever have had, and ever ought to
hAye more than The proportion of power
which would be due simply to their popula-
ton. This was fair and right, also, because
the burden OF supporting government, and
especially OF municipal affairs is not proper
toned to population. On the other hand,
the representation by counties was unfair and
unjust, in that it ignored the small towns
while all the burdens were left upon them.
Mr.. Josselyn, Of Windsor county should
vete for tho resolutions. Lie believed that
tho couucll had no right to limit the number
o. the convention at all. If it had the right
to fix the number at ninety, then it could have
fixed it at ten. Nor could it be said that the
distribution Of the ninety, BY population, is
fair, since Windsor county with $500 pop.
uation has but 8 members, while Essex and
Grand ls'o counties, with population Of
1900 each, are each entitled 10 one-third Of
the representation Of Windsor.
Mr.. Field Of Windham county, moved
that the report and resolutions be laid on the
table, and 500 copies be printed.
Mr.. Nicholson Of Rutland county, would
not object, ii he thought there was any ma
teria difference Of opinion. Surprising, how
ever that the convention is substantially
agreed now, he would not protract the session
BY printing.
Mr.. Field Of Wiudham county. said the
regular hour Of adjournment is at hand.---
Wemust adjourn VIII chatter, then, about
printing the report, which will come in in the
morning and cause 10 delay With the doc.
uments il print, the delegates can fairly con-
slider them, and perhaps complete the whole
business in few hours tomorrow.
Mr.. Chapman Of Windsor county, was not
prepared to adopt the resolutions without
further consideration. Some gentlemen were
preparing amendments, he Observed: and
others might be compelled to vote against the
resolutions, if the question is pressed now.
The motion Of Mr. Field was agreed to.
Adjourned.
Friday, JAN 8.
The Convention net pursuant to adjourn
ment
Prayer by Rev. H. D. Hemanway.
The Journal of yesterday was read and
approved.
Mr. Nicholson, Of Rutland Co., introduced
resolution to adjourn without day, at IL
O'Clock, noon, this day.
Mr. Chapman, of Windsor Co., moved to
amend by fixing the time at 7 O'Clock, on
Monday morning next.
Discussion ensued by Mossrs. chapman, Of
Windsor county, Field, Of Windbam county,
Joce'yn of Windsor county, Nicholson, Of
Rutland county and Neodham and Bascom,
of Addison county; when the Convention
was Interrupted by the stove bursting out one
side. Mr.. Nicholson observed that Prov-
denee seemed to be interfering in the arguments
Oh his side Of the question, and in Difference
to the peculiar exigency Of the occasion, he
accepted the amendment of Mr.. Chapman.
On motion Of Mr.. Barlow, the Convention
adjourned.
AFTERNOON.
The Convention met pursuant to adjourn
ment.
The resolution for adjournment without
day was laid on the table, and the Couyen.
ton went into committee Of The whole on
the resolution reported by the committee
yestcrday-Mr, Lyman in the chair
Mr.. Chapman, o.. Windsor county, moved
that the committee Of the whole recommend
TO the Convention the adoption Of the first
resolution.
Mr.. Hebard of Orange county, gave his
reasons for not siguing the report Of the com
mitteo He thought that the report involved
matters not belonging properly to the Con-
ventlon. The report and resolutions 90 on
the ground that the Council had not the
power to call such d Convention; but en- this
question there is difference Of opinion and
this body has no power to decide aud can
bind nobody if it undertakes to deciIe ne
would therefore not undertake to decide it,
He proposed the following substitute for the
resolutions oil the committee;
"Whcreas, the present Convention has
beoa elected upon different basis from that
heretofore practiced, and the mode of select
ing the delegates is different from the uniform
usage Of all former Councils of Ccnsors; and
ioasmueh as the power of the Council of
Censora to call convention different from
the uniform course heretofore adopted and
acQ0ieseed IN has been questioned, and may
IL rnun r1lnd ~ 1n.1L- Ln.I. 1hnrnl..,