Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1869-08-25
COUNCIL OF CENSORS.
AMENpING ono coNsrIrrrIoN.

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mods OF, proposing amendments 10 The Constr
hnon, beg tare 10 report
In the opinion Of the minority of this commit
zee, there were good reasons for adopting the
present system Of amending tne Constitution. in
lp'5, seycnty-siX years ago, that do not now ex-
/ ist' Then but very t1o newspapers, il any, ex-
/ islcd in the state; but few books our froo
schools were extremely limited in their means In
impart education TO the rising generation. and il
ls not 10 become wonder that the leaders of that
uay considered 1t unsafe, or at least not best 10
trust the amending OF the Constitution in the
hands Of the people directly.
They looked about them and at last borrowed
ma adopted a system from Pennsylvania, never
adopted by another State except Vermont. and
long ago discarded In the former State and a bet
/ Ter mode substituted therefor 10 !. evident that
the people at the present time take but litte in-
/ terest in amending their Constitution nor have
they since 1850 They have become SD Indifferent
tmt % is % matter Of doubt whether one in Ten
really knows and understands what our Constitu-
uon is, or how 10 is amended and the question
arise-, is 1t best or expedient 10 pcrpctuato and
continue system So little understood, and in
winch SO little interest IS manifested? lt should
I Toe brought home nearer % the people they
should have direct influence, instead of an indi-
rect and remote one This is an age Of improve
mcnt, and republican government is never wiser
nor better, in our State at least and mt the pres
ent time, than the people who elect IL and such
q government fails 20 answer It's design when the
people become Indifferent TO it, workings
The people of Vermont are at the present
Time wsuy more intelligent better Informed.
better educated than formerly, and no good roa-
SON exists In the opinion Of the minority for
not trusting them directly IN the final amend
ment- to their constitution. They are capable Of
enlightenment. and it Is cmincntly proucr and
20 accordance with republican principle and
dcnocmtc ideas io suffer the people 10 manage
ana control their own political affairs IN their
own way They need u0 Council of thirteen, nor
any convention VI two hundred and forty n num-
Per, ihe smaller number 20 prescribe 20 them what
s Tor their interest and the larger 10 say 10 them
whether they shall have il or not. We propose
~ JET thcm judge Tor themselves once IN ten years
whether their fundamental law needs revising,
and the privilege % do it by their own Legisla-
ture and by their own votes at the balot-b0x.
Atthc formation Of our governments. both State
and National We were divided into two political
parties Ftdcroi and RepuJhcqn The former
took the ground that the people were not 10 be
trusted with the powers of -elfgoyernmeut the
latter cQntende1 that they were safe dcpOsltares
ni this power. In the first twelve years Of our
national government, the former, the old Federl
party, ran its race, and was superseded by the
latter the Republican party, which has ever since
retained it- ascendency, though some more radi-
cil ideas under the name of Democracy, have from
time % time been ugruited0n 10 the old Republican
stock 81 principles The Federal party In Yer
mont soon shared the late Of the National party.
tl Doe. however. tcmp8mrily revived for two nr
three years in the last war With Great Britain
when 10 SINK out of eXistentc and became among
tlc things that We're, but not again 90 te And
how lt hns happened that one OF the oh rsiry Of
tnc old Federal times has been retained until this
day, 80 anti-Wpublican in it- provisions can be-
accounted for only hy the Indifference and auatbv
oi the people, and hy suffering it, as il were. 70
pass out of memory for 10 is scEoyilent hy the
ncagre vote given for this Council and hy other
incidents that might be mentioned that the peo-
pie know and care but little about the changes Of
their Constitution.
IL may be said that the Council has other duties
besides amending the Constitution they are to
review the legislation Of the last septenna period
but - tins sufficient reason for retaining the
present systcmt How much has this amounted
t9f True, in the war Of 1912, when party spirit
ran TO fever heat, the Council censured some
acts OF our Legislature but the acts bad been
passed and the effects gone by. 1t undid nothing
% rghtcd nothing, So far as the action Of the
Council went, bat the obnoxious acts themselves
helped the party making them out Of power. as
always viii De the case aud this is q sufficient
remedy against wrong legislation. The people
will change their ruler, if they are found uniath-
iul, and the bailot-box is considered a sufficient
remedy in other States, together with the powers
pi the supreme Court u right any uncJustitu-
uonnl legislation. The question again recurs. is
t necessary, d, b. cxpcAieut, ~ Eev, up ths oiu-
.Ni7lNt n 7+tii hI tu' iuflN7 nl reviewing lrst
legi-lationf Past experience proves that this has
not been Of much value throughout more than
tlrcc-lurths OF century that we have puc-
ticed H.
Fourteen years ago the Council bad several ses-
-lUps, and proposed some important amendments
which were voted down by the Convention and all
went FOR naught, though not So % the taxpayers
They had 10 foot the bills, including the building
ui % new State House, a serious matter tl the
people for which they received no benefit, except
settling the question Of territory, instead of pop
uladUn, as basis for representation ia the lower
House. This cannot now be altered the small
towns will not give up this, nor does the change
here proposed contemplate meddling with it. The
small towns are guarded and protected in their
rights by the first and second votes OF the legis-
nturo and By two-thirds vote at each time, and
this to take place only once in ten years
Seven years ago the Council, having the fate Of
The measures proposed by their predecessors
acted wiser and called no Convention There
were however, calls from some parts of the State
% abolish the Council, and % prevent committing
suicide, as it is termed hy some, this may have
been reason for not calling a Convention but
is there not danger that the Legislature will some
day turn upon the Council with an act of hOmi-
eide. and they did in Pennsylvania, when it shall
appear that this is the only remedy 10 rid them
selye. of what may be deemed q useless body |
There was strong squirting that way fourteen
years ago, hy the Legislature passing a vote of
ttll~Nit Nlluh lllt ANAltl lOI executing Us lloN
called il, their powers, thus assuming 10 review
the acts Of the Council, reversing the order of
things, and iorestalling the coming Convention, |
which took the instruction and voted all acts of
the Council down forthwith and with very little /
ceremony. Thus all ended in farce, and to the /
disgust Of that portion of the people who under !
stood and thought much upon the subject Shall |
it be said at this day, in this enlightened age,
that we distrust the people, and dare not trust
them with the final vote of approval or disap- |
proyal in changing their fundamental law p
Shall we assume 10 know what is for their best |
interest better than they know themselyes2 I /
know it is said that IL Is well enough now, and let
well enough alone. The same argument would
have applied with equal force to our old turnpike
wag0n-ruads, to the old farm machinery, against |
sewing-machines, in favor of spinning and |
hand-looms, We lived comfortably with the use
of all these things, and, had we felt no desire for
change and improvement, railroads. factories, the |
horse mowers, rakes, tedders, and ladies' sewing
machines, would have been unknown to us, and |
we should have been plOdding ON under the old 4
primitive system that existed at the time Of the |
formation of this provision OF our Constitution.
Other Councils have sought and effected improve |
ments In 1885 the old State Council was abol- /
ished and the Senate substituted. Fourteen |
years later our county officers were ordered to be
elected by the people, instead Of by the Legisla-
ture. These were rec0gnitions OF the improved
intelligence Of the people and can we say there |
has been no improvement 1ltt tHunt anu
tbat the people are not now fit to be trusted with |
this proposed changer But says one, they do
not desire it they are satisfied rs il is And /
and not the towns Of the commonwealth. Under
the existing Constitution it is questionable /
whether the Council can order a Convention /
called on any basis other than that of foloR repre-
sentation Such has been the usual practice,
and Conventions have been composed only of dele |
oates chosen by the several towns and thus a
small town with fifty voters has the same voice
in saving what the organic law of the whoie peo-
ple shall be, us the town of Rutland has with its
fifteen hundred or two thousand voters. II this |
construction of the Constitution is correct, it is
obviously unjust and wrong but your committee
are of Opinion that the Council Of Censors have
the power TO call Convention composed Of dele .
rates chosen ON the basis of population-ln other .
words, the delegates may be apportioned TO the
different counties as senators are, and thus the
voice of the people at large may be heard. II
this view is correct it will be seen that the exist
ing plan of proposing amendments to the Consti- |
tuition is one that brings proposed changes nearer
to the people themselves than the one suggested
By the minority Of your committee.
Il uat in lnet chosen the lngls Oi ]