Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-05-22
THERUTLAND HERALD.
SATURDAY, MAY II, 1878.
THE VERMONT CONSTITUTION.


in the article referred to, was to call at
tention to the cumbrous method provided
At present for its amendment, the time
that would necessarily be consumed in
obtaining an alteration, the number OF
years that would elapse before any
change whatever could be made, and
that, even then, it was extremely doubt
full whether satisfactory results, ii any,
would be secured. We further endeavor-
ed to make clear-what is true in fact
that the people, acting in their sovereign
voting upon a proposition SUD-
mitted directly to them by the Legisla-
ture. had the inherent right and power,
at any time, to call convention for the
revision of our State constitution. We
may here add, as precedents to enforce
our argument, that the constitutional
of New York and New
Jersey, and the convention of Connectl-
cut were called in accordance with this
inherent right of the sovereign people,
and not in pursuance of the provisions
made in their several State constitutions
for the alteration, amendment or revis-
ION thereof. We stated that we should,
from time to time, refer to the subject
and call the attention of the people of
Vermont to changes which we deemed
necessary in our organic law. We do
not suppose that we shall be able to no.
tice all of the defects that exist, and, in
deed, such is not our purpose; our OBJ
iect being to suggest some OF the more
rlaring deficiencies, and indicate, in a
general way, the nature of some of the
changes desired, if not rendered abso-
lutely necessary by the changed and adj
vanced condition of the State and nation.
Before entering upon the subject of the
particular changes required, and as fur
ther showing the pressing necessity of
general revision of the constitution. it
may be instructive and interesting to
narrate, as briefly as possible, the history
of the constitution as it now is. The
foundation and, in fact, almost the en-
tire superstructure of our fundamental
law was established by convention of
representatives from the then sew
eral towns in the State, which assembled
at Windsor, July ID, 1777, and which,
by the terms of the election of its mem
bers, was authorized to "form" con-
stitution. The result of their work is,
in the main--or at least forms the basis
of-the same constitution as that by
which we are governed at this day.
This original constitution was never rat
flied by the people, or even submitted to
them for ratification. The country, and
especially Vermont, was just then in an
unusually unsettled and disturbed con-
dition. Before the work of the conven-
ton was finished, intelligence of the
evacuation of Ticonderoga and the
march of Burgoyne was COM
municated to the members. Alarm
and confusion at once, naturally, per-
vaded the assembly, not only on account
of the disastrous effect, it was supposed
to have on the American cause. but be-
several members of the convention were
directly exposed to the outrages and
depredations of the enemy. The major
ity of the convention favored an imme-
date adjournment, leaving their work
unfinished, but, providentially, a thun-
der storm, so terrific in its proportions
as to absolutely prevent travel, came on,
giving time for deliberation, and result
ing in the adoption of the constitution
paragraph by paragraph. The reasons
assigned for not submitting their work
to the people for ratification or rejection,
in whole or part, sounds strange Sin
these degenerate days" Sowing to the
unsettled state of public opinion" says a
historian of the period, cit was thought
hazardous to submit it, directly, to the
decision of the people. 1t was, however,
quietly submitted to,-not only because
a government, organized under even a
defective constitution, was esteemed pre-
which had so long existed, but because
such an organization seemed necessary
to lay the foundation for a recognition
of the sovereignty of Vermont, and her
the course pursued Gin the early and
better days of the republic" but how
long think you would the intelligent cit
izen, in these degenerate days." submit
to such an usurpation-for usurpation it
was, no matter how good the motive
of his rights The constitution of
1777 provided for its amendment or al
teration by means of the now obsolete
Council of Censors and conventions of
representatives from the several towns.
A Council of Censors was elected in 1885,
and again in 1902, each of which sub
mitted articles of amendments and called
a convention to consider the same. In
stead, however, of referring to the con-
vention, the simple changes, they moor
porated the amendments into the con-
stitution of TIT, and submitted the con
stitution, as whole, to the action of the
convention All of the amendments
proposed were not adopted by the con-
vention, but the constitution, as whole,
as finally agreed to, was ''ratifed and
established" and thereby became by the
will of the people, acting through their
representatives duly and legally chosen
for that purpose, the unquestioned and
unquestionable organic law of the State.
In this respect Vermont is an anomoly
among her sister States, having consti-
tuition which has never been, in whole
or in part, submitted to a direct vote of
the people. The alterations made in
1856 and 1793-the conventions acting a
year subsequent to the meetings of the
convention--did AUTOMATICALLY change the
constitution of 1777, leaving that, as it
is now, the grand corner stone of our
government. Since 1892 there have been
eleven different Councils of Censors, and
all, with two or three exceptions, pro-
posing amendments and calling conven-