Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-06-16


Res0t0ed, That the thanks of this Con-
vention are hereby rendered to Hen.
George Nichols, for the able anl impair
tial manner in which he has performed
the duties of President of the convention :;
Which was unanimously ad opted.
Mr.. Human of Charlestown, moved
that the convention do now resolve itself
into committee of the whole for the pur-
pose of considering the remaining pro-
posed articles of amendment, which was
agreed to, Mr.. Hyde of Castleton being in
the chair.
The remaining articles were then read
as follows:
| PROPOSED FOR ADOPTION IF ARTICLE . Is ADOPT
ED AND ARTICLE Is REJECTED.
The Judges of the Supreme Court shall be elect
ed bennally, and their term of Office shall be two
years.
ARTICLE6.
Sec. l. At the session of the General Assembly
of this State, A. D. $780, and at the session there
of, every tenth year thereafter, the Senate may
by vote of two thirds of its members, make pro-
posals of amendment to the Constitution of the
State, which proposals OF amendment if con-
CURED in by majority of the members of the
House of Representatives, shall be entered on the
journals of the two Houses, and referred to the
General Assembly then next to be chosen. and be
published in the principal newspapers of the
State and if a majority of the members of the
Senate and of the House of Representatives
OF the next following General Assembly
shall respectively concur in the proposals OF
amendment or any of them, it shall be the duty
OF the General Assembly to submit the proposals
of amendment so concurred in to a direct vote OF
the freemen of the State; and such OF SAID pro-
posals of amendment shall receive majority
of the votes of the freemen voting thereon shall
become part of the Constitution of this State.
See 2. The General Assembly shall direct the
manner of voting by the people upon the pro-
posed amendments, and enact all such laws as
shall be necessary to procure free and fair vote
upon each amendment proposed, and to carry
into effect all the provisions Of the preceding Sec
ton.
Sec 3. The House of Representatives shall
have all the powers now possessed by the Council
of Censors to order impeachments, which shall in
all cases be by vote of two-thirds of its MEM
bers.
Sec 4. The forty-third section of the second
part of the Constitution of this State is hereby
abrogated.
Mr. Marsh, of Woodstock, moved that
the committee recommend to the c0neen-
ton that it is expedient to adopt the sixth
article of the amendments as proposed by
the Council of Censors.
Mr. Marsh said he came to this couven-
ton favorable to the adoption OF this pro-
posed amendment, and he had not seen
any reason to change his opinion The
Council is composed of only thirteen
members, and any nine of them can put
the State to the expense of a convention
like this, even where there is no demand !
for any change in the fundamental law of
the State by the people. Under the new
method proposed, the Senate makes re-
concentrations of amendment, and then
If the House of Representatives does not
concur therein, the matter drops but if
they do concur, it goes before the people |
to be discussed both by the people and by
the press, and then if there is a demand |
for a change, they can elect Senators and |
Representatives who will at the next ses-
sion of the Legislature, if they see fit to do |
so, have power to refer the same to the
people, and their final vote thereon is the .
expression of the will of the people. He
hoped the amendment would be adopted
Mr.. Woodward of Brandon, suspected
that fresh filibustering would take place
every seven years if this bungling Coun-
Gil Of. Censors was not abolished. He
claimed that this present system was no
fair way to amend the constitution. He
wished the people to vote directly on
amendments. They have very little
knowledge of the issues before them.
From the fact of diverse issues being pro-
posed no issue can be made in the selec-
tion of delegate. Also on the score of
economy he opposed the present system.
The Council of Censors and constitutional
convention make great expense. But this
amendraout puts the matter enureiy IN
the hands of the people directly, and dis
penses with these bodies.
Mr.. Walton of Montpelier. alter rrfer-
ring to the fact that when his election
was announced in the newspapers he had
been tyled a conservative man, and that
he was a conservative man in the true
sense of conservatism than the consrrva-
tism of the present day was only the crys-
taliz tion of the radicalismof the past,
and that SO far IA that radicalieru WIS the
represep tatiou of the right, in that respect
he was conservative man. He then re-
ferred ut length to the history of the
foundation of the article of the c0nrtitu-
ton providing for the election of the
Council of Censors. Mr.. Walton wished
to be understood that he did n0t sand
here t. defend the interests Of thu town OF
Montpelier, but rather to advaaatn tk. in
terests of the small towns as a44I,-r hat
of the large towns. The trainers ut ;he
constitution made provision for The slurrd-
ing of the interests of all alike, md all
our interests are represented by
the towns our schools, our roads,
and indeed the larger part OF the general
laws of the State recognize the towns as
the basis of our government, and all
others are built upou that. As to the
argument that minority of the prople
may elect the Council Of Censors, we are
in Just the same dilemma in regard to the
Senate, for our Senators may also be elect
ed by a minority, even by bare piura-
ity of the voters. By this proposed
amendment, the representatives of the
people have not the power of imtA'ing
amendments and sending them up to the
Senate for concurrence; but the Sruate
has the sole power of proposing amend
ments, but can do so only by IA two-tI irds
vote so that the Senate, which my be
chosen by minority OF the people, can re-
fuse to propose amendments, so that the
will of the people is defeated. 1t had been
claimed on this floor that there is hers an
effort to enter wedge in the constitution
that would ultimately strip the tow},4 of
their power to protect themselves il the
power of representation. He could e in
this proposed amendment another fort,
more dangerous than any other now be-
fore us, to strip the people of the right of
representation. Pass this amendment,
and in 1880 the Senate will propose that
the number of representatives. shall be re-
duced, and that the State shall be district
ed. 1t is in the power of n towns to
elect the entire Senate, and twothirds of
them, as elected, can propose amend
ments and should those amendments get
to the people, the same towns have
a majority of the voters, and can adopt
the amendment is spite of the small to WINS,
He finds that in the County of Addison,
with % towns, a majority of the voters
are in s in Bennington, with II towns.
4 in Caledonia, with II to- ns, 5; in
Chittenden, with II towns, 4; in Essex,