Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1864-07-12

constitution already qWt9d The second session
Of the legislature was olden at Bennington, il
Fe5guly l779. At hat session an act Wa
passed " for regulating he election for Goyernor
Deputy Governor, Coulcll, and Treasurer
That act 80 far ne ned be quoted, was in th.
following words -" he constablCs in the sev
erai towns 10 this State without ultl order
shall, by themselves, orsome person deputed by
them, warn all the fromela in their respective
towns to meet togetberln some suitable place,
by them appointed, IN said town. On the fire
Tuesday Of September annually, at nine o clock
in tho morning, at which time shall BIZ read tho
freeman g oath, and the last paragraph Of thu
act, against dlsorderly fotlng who shlll then
proceed, first TO choose representatives. TO attend
the General Assembly for the year ensuing, Oh
the second Thursday o the succeeding October
Then the lreemen sb@l proceed t0 bring into the
constable preseLt, tie name of him whom the5
would choose 10 be Governor for the year ensu-
ing, fairly writtH On a piece Of paper, which
the said constable lhal receive, and N the pres
ence Of the lreemei, sea- up the Same in a pec)
OF paper, and wrie On the outside Of the pap r
50 sealed, the name Of the town, and then add
these words, viz Votes fOr The GOurH0r, IN
like manner for th9Deputy Governor and Iroas.
urer." Some question having arisen rs to the
binding force Of the pnstitution, The Legislature
at their June sossiu, 1882, held at Windsor,
passed an act decldlng i valid and binding, a5
part OF the laws o this state The first Coun.
cil Of Censors electe, under the constitution In
1873, proposed min, amendments to the consti-
tulon, to be submitted to a convention Of the
people for adoption and the same was done BY
the second cOunGl elected in 1892, some oil
which were adopledby the conventions called to
act upon them Noubstantlel change, however
was proposed a. to he manner Of electing Gov
erhJr, and other SITE officers, and the original
provision Was Iresoried substantially unchanged
The contention calld by the second coun il, and
which met 10 1898 made recast OF the const
tuition, embracing all the amendments adopted
by the two ions, making 1t, in form at
least, an adoption If the entire instrument by
that convention, aid It was promulgated, and
has remained in ttat form, with subsequently
adopted amendments added thereto.
During all this dme the act Of l770, above
quoted, remained in force But "a small part Of
the STATE was settLd at this period aud that
sparsely, and oil pIblic affairs were conducted
by 4 few leading men among the settlers, so that
the framing Of thec0nstituti0n, and the early
legislation under II were substantially the work
Of the same hands.
The act Of l779 shows clearly how this pro
vision Of the constitution was then understood
that the votes ior Governor Lieutenant Gov
arnor aud Treasurer were 10 be given ia the
same meeting at which representatives were
elected, that the votes were 10 be brought in
and delivered 20 the constable Of the town pres.
sni, and to be sealed up II the presence Of the
reemen
The uniform and uninterrupted requirement
li the law, and the usage and practice under it,
rom the organization Of the State to the present
time, has been that the voting for Governor aud
)ther State officers elected by the people, has
)een in 9 frecmen's meeting, the same in which
The representatives have been chosen.
10 the opinion of tho Supreme Court vi Con
lecticut given upon the constitutionality Of
similar law proposed in that State, it is said -
. The convention found the freemen' 3 meeting
/ distinct and peculiar feature IN the political
ystem of the State, as old as its history 1t !
originated in 1889 IN the compa t or constltu-
ion formed by thJ towns Of Hartford Windsor
md Weatherheld, IN a provision for the warn
ug oil a treemens meeting to elect deputies
o the General Court From that year, and al
er the merging Of the New Haven colony
Inder the charter OF Charles, there has never
'een an election, tyhe people, of representatives
IT State officers, Ia guy other manner OF place.
The convention adopted this feature, as they
nd, IN the main, the other institutions OF the
State changing Its name to elector meeting"
This language is, in good measure, appica-
lie TO this State also. A large proportion OF
he leading men IN the early settlement Of the
'tate We're from the State Of Connecticut, and
he public institutions and forms OF government
we're mainly fashioned upon those Of shat State.
10 far was this carried, that in cur early legis-
alton II was common for the Legislature to
naet hat certain offences should be punished
as provided IN the Connecticut law book Ia
he early settlements in this State the first form
i governmental authority was the iOlcR meeting,
nd almost the first form OF an official WAS the
Olon constable. Until the formation ot con-
iituton aud state government under 1t, all
Governmental power was IN the town, or by
elegaes from the towns, and committees OF
aicty, chosen by such delegates
10 our opinion, their Is no reasonable ground
i doubt, that when the constitution requires
he votes for Governor 10 be - brought in to the
Unstable, 1t means tho constable Ol the town,
he presiding officer in the lreomans meeting.
t has peen suggested that the Office ufcoustlble
$ one not created, or required by the constitu-
ION; tina; 1t would be perfectly competent Tor
he legislature to abolish the office, and provide
hat some other officer should preside in free
mans meetings, as they have already, IN the
.tsA nI he n tYnb 81 6
But granting all this to be true, it proves moth
ng, provided the constitution in the use OF the
gord constable, meant the constable OF the town
whose Official authority was, Of course, by law
United To the town, and who could not legally
ct officially, either in receiving votes or other
wise, beyond its limits
For, although the Legislature might have
'ower to provide sOmo other officer to preside in
he meeting, it would still remain equally clear
hat the constitution intended the voting to bo
n the town, or treemm's meeting.
The whole tenor and spirit OF the provisions
t the constitution, as 1t seems to US, point IN
his direction. The votes for Governor are re.
ulred to be given the same day representatives
20 chosen, the meetings Tor tho choice OF which
must be within the several towns. IL meetings
ould be held at other places, without any town
q the State, why the requirement that it should
70 on the same day The language used-"shall
ring in their votes lis significant also Fol-
owing the previous direction for choosing repre-
entatlves, 1t evidently means the same meeting,
n the same occasion.
The further provision that the constable shall
cal up the votes, and deliver them to the repre-.
ontatlye chosen to the General Assembly, Is In
nison with the same idea; that tho choice OF
representative, the voting for State officers, the
oaliog up and delivery of the votes by the con
table to the representative, are all to be stimuli
lneous and concurrent acts, performed upon
ne and the same occasion
We have heard it suggested, that though this