Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1864-07-07

Law of election for choosing representa-
ives To attend the General Assembly,
ring In their votes for Governor, with
ais name fairly written, to the constable,
Who shall seal them up, and write on
hem Votes for Governor" and deliver
them 10 the representative chosen TO az
end the General Assembly And at the
of the General Assembly there
shall be committee appointed out OF
the Assembly, who, after being duly
sworn TO the faithful discharge of their
trust, shall proceed to receive, sort, and
count the votes for the Governor, and |
declare the person who has the major |
part of the votes, to be Governor for the |
year ensuing. The Lieutenant Govern
or and Treasurer shall be chosen in the !
manner above directed"
This section does not, "a terms, require
that the voting for state officers shall be
in the same place, or meeting, at which the
representative is chosen, but If that is
its fair spirit and meaning, it is equally
imperative. The fundamental law of
the state must not receive any strained
or forced construction, or be made TO
WELD by reason of any peculiar exigency
in public or private matters, but must
be kept and preserved at all times, the
same uniform test and guide, for the cit
izen, as we'll as every department of the
government established under it. Some
thing may be learned of the understand
ing of the trainers of the constitution,
and of the people who adopted it, by
brief reference to the history of the
adoption of the constitution and the
early legislation under 1t.
The first constitution of this state
was formed by convention of delegates
from the several towns, which met at
Windsor on the Cd day of July, MI
This was lust at the time OF the inya-
sion from the north of the British army,
under BurgOyne, which caused great
alarm and confusion among the inhab-
itants, especially in the western part of
the state, where many abandoned their
homes. The disturbed condition caused
by this, and also by the conflicting
claims of jurisdiction by New York and
New Hampshire was such that this con-
stitution was never submitted to or rat
flied by any vote of the people.
But Notwithstanding, state govern
ment was organized under it, and the
first Legislature met at Windsor on the
10Th day of March, 177S. The provis-
ions of the original constitution for the
election of representatives to the legis-
lature, and of state officers were in very
nearly the same language as the sections
of the present constitution already quot
ed. The second session of the legisla-
ture was holden at Bennington in Feb
ruary, 1779. At that session an act was
passed for regulating the election Of
Governor Deputy Governor, Council
and Treasurer"
That act so far as need be quoted, was
in the following words; The consta-
bles in the several towns in this state,
without further order, shall, by them
selves, or some person deputed by them,
warn all the freemen in their respective
towns to meet together in some suitable
place, by them appointed, in said town,
on the first Tuesday of September annu-
ally at nine Of the clock in the morn
ing, at which time shall be read the
freeman's oath, and the last paragraph
of this act against disorderly voting {;
| who shall then proceed, first to choose
| representatives to attend the General
| Assembly for the year ensuing, on the
second Thursday of the succeeding Oc-
| tober. Then the freemen shall proceed
| to bring in to the constable present the
name of him whom they would choose
to be governor for the year ensuing, fair
ly written on a piece of paper, which
the said constable shall receive, and, in
the presence Of the freemen, seal up the
same in piece of paper, and write on
the outside Of the paper so sealed the
name of the town, and then add these
words, viz: Votes for the Governor; in like
manner for the Deputy Governor and
Treasurer"
Some question having arisen as to the
binding force Of the constitution, the
Legislature, at their June session, 1882,
held at Windsor. passed an act declaring
it valid and binding, as part of the
laws of this state. The first Council Of
Censors elected under the constitution
in 1856, proposed many amendments to
the constitution, to be submitted to q
convention of the people for adoption,
and the same was done by the second
council, elected in 1892, some Of which
were adopted by the conventions called
! to act upon them. No substantial
change however was proposed as to the
manner of electing Governor and other
state officers, and the original provision
was preserved substantially unchanged.
The convention called by the second
council, and which met in 1893, made a
recast of the constitution, embracing all
the amendments adopted by the two
conventions, making it, in form at least,
an adoption of the entire instrument, by
| that convention, and it was promulgat-
ed, and has remained in that form, with
subsequently adopted amendments add
| ed thereto
During all. this time the act of 1779
above quoted, remained in force But a
small part of the State was settled at
that period, and that sparsely and all
public affairs were conducted by few
leading men among the settlers, SO that
the framing of the constitution, and the
early legislation under it, were sub
stantially the work Of the same hands.
The act of 1879 shows clearly how
this provision of the constitution was
| Al. L.. Al o ~