The Rutland daily globe. [volume] (Rutland, Vt.) 1873-1877, 1873-06-09
AMENDING THE CONsTITUTION.

The editor of the Rutland He,dM wants
a constitutional convention called by the
next legislature. 1t might cost fifty thou
sand dollars, but he does not care for cX-
penses. He does not know of any amend
ment the constitution needs, but he could
point to a constitutional convention with
fatherly pride, and it would be good
thing to report. He has really managed
by ability, sophistry and ingenuity, to cover
the absurd proposition with semblancc of
whimsical plausibility.
He contends that the constitution of Yer
mont ''prescribes no mode for its own re-
vision" 1t ''provdes only for amend
ments. Under it constitutional conven-
,"", eaiii,o. uv Uaiicu. Dul suppose III the
mode prescribed by the constitution all the
sections should be amended; could revis-
ion do more? A revision is nothing but
review or re-examination for the purpose of
correction and if correction is made it is
an amendment so that the power to amend
cannot avoid carrying with it the power to
revise.
With view of making the Declaration
of independence a particeps criminis in
this attack on the constitution of Vermont
the Herald says:
But back of this all, and above all lies the
inherent, sovereign power and right of the
people, as the Declaration of Independence
has it, ''to alter and abolish" the existing
frame of government, "and to institute a
new government, laying its foundation on
such principles, and organizing its powers
in such form, as to them shall seem most
likely to effect their safety and happiness. )"
A correct quotation would have enumer-
ated certain inalienable rights, among them
equality, life, liberty and the pursuit of
happiness, and stated that to secure these
rights governments are instituted and
THAT, whenever any form of government
becomes destructive Of these ends, it is the
right of the people to alter or abolish it,
and to institute new government" etc
But TO have inserted the omitted words
would have ruined the Declaration of indie
pcndence as authority. Our state govern
ment is not yet destructive of equality, life.
liberty and the pursuit of happiness.
The HeraM proceeds;
This very principle was recognized in the
celebrated Rhode Island case, wherein the
court says that state ''may, of its own
will, and through the forms of law, which
it prescribes by its legislature, put on as
many different forms of government, not
conflicting with the constitution of the
Union, as it chooses. Its power for that
purpose is ample, unquestionabc
The purpose of this citation is to convey
the impression that any legislature, at any
time, by the mere forms of any law il may
choose to pass, has authority to inaugrrate
revision of State constitution. But legis.
atures have not such unrestraincd authori.
~. The Supreme Court of the United
States has declared that the legislatures
are the creatures of the constitution. They
owe their existence to the constitution
They derive their powers from the consti
tuition. 1t is their commission and there
fore all their acts must be conformable tc
it, or else they will be void" @ Dali
3OS.) The delegation to the legislatures Of
1880 and every tenth year thereafter of thu
authority to propose amendments to thu
constitution, is equivalent to an express ex
clusion of every other year, and henc,
amendments proposed by any other legisla
ture would go before the people with NJ
more validity than il proposed by village
meeting.
Besides all this, the court in the Rhod,
Island case did not use the language above
put in its mouth The nearest approach il
the following, at the conclusion of thu
opinion of the court as delivered by Chic
Justice fancy
No one, we believe, has ever doubted thu
proposition, that, according to the institu
tions of this country, the sovereignty il
every State resides in the people of thu
State, and that they may alter and change
their form of government at their owr
pleasure. But whether they have changed
Il or not by abolishing an old government
and establishing new one in its place, is (
question to he settled by the political power
And when that power has decided, tn,