Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1873-04-24
HERALD.
A constitutional Convention.

The Governor of New Jersey has
called an extra session OF the senate VI
that State to consider the appointment
of persons to propose amendments TO
the constitution" This seems to be an
era of constitutional reform. We need
some such reform in Vermont. Our
constitution was adopted in l777, and
presented as perfect system OF govern
ment as had then been known. We
have had no general revision OF our
fundamental law since that time. we
still live under, and are governed by the
same general organic law, changed,
however, in some slight respects by
twenty-six amendments, adopted by oil
ferent, so-called, constitutional conven-
tions. on the recommendation of the
Council of Censors, body now defunct.
Although these amendments are twenty
six in number, they cover but very lit
tie ground With the exception OF pro-
yiding who shall be citizens, and that
the writ of habeas corpus shall not be
suspended, they simply provide for
Senate, the election of county officers
by the people and biennial sessions OF
the Legislature and for two years
term of office. There is one other
amendment, which provides a mode for
amending the constitution, which is well
enoughin itself and, perhaps, necessary,
but it is cumbrous in its provisions, and
liable, if relied upon as the only method,
to defeat all change. Underit no altera-
tons can be made for at least fifteen
years. There is, also, the same trouble
with the mode of procedure therein pro-
yided for, that there was with the
Council Of Censors. A proposed amend
ment must be adopted in its very terms,
or not all. The provision is, in sub
stance, that in 1880, and every tenth
year thereafter, the Senate may, by
two-third vote, propose articles OF
amendments, which, if approved by a
the majority of the House of Represen-
tatiyes, shall be referred to the next
Legislature for action. 1t ma
iority of both houses of the next
Legislature shall, also, approve, then
the same shall be submitted to the
popular vote, majority of the vote de-
termining their acceptance or rejection.
Thus five or six years is, necessarily,
taken in amending the constitution, and
then only, perhaps, changing it in some
unlmportant particular. What we need
is a general revision of the constitution.
1t is not too early to commence to agi-
tate the question. If the people so de
eide, we can have constitutional con-
vention in session in two years. We
believe it to be generally conceded that
all power is inherent in the people. They
can make, amend alter or abrogate
constitutions at will. This power rests
In the people, and no where else. A
constitution, as a matter OF course, con-
tains provisions for its own amendment.
The.people, however, are not confined
In their action to the methods so proyid-
ed. This has been judicially determined.
The Legislature can, at any time, sub
NIT to the people the question of calling
a convention to form new constitution,
or alter and amended the then existing
one. If the people should decide in
favor of such course, they could then
elect delegates to a convention, who
could, at once enter upon their work.
The work of the convention would be,
of course, subject to the approval or dis
approval of the people. We think
general revision of our fundamental law
is necessary. We do not believe any
mode of proposing amendments will
meet the case We do not mean to say
that our entire constitution should be
abrogated. Some parts of it-and, per-
haps, the larger part-are as perfect as
they could, probably, be made. A gen.
eral revision would, naturally, retain all
that was good in the present constitu-
ton and by additions, alterations and
cancellations make complete and per
feet whole We do not propose, at this
time, to state wherein the present con-
stitution, in our judgment, is defective
We shall give our views, in this respect,
at an early day. OF course no action
can be taken until the meeting of the
Legislature in regular or extra session.
1t will be then for the people, acting
through their representatives, to take
the matter in hand and decide for them
selves. We desire to call their attention
TO the matter, thst they may consider
and discuss it in time. We wish, also,
to disabuse all whom it may concern of
the idea, that no changes or alterations
can be made in the constitution, except
In the eumbrous and time-consuming
manner provided for in the twenty-sixth
amendment We hope to hear from the
press and people on this subject We
believe such an act of the sovereign
power of the people to be necessary and
proper. If they propose to take such
action, it is not too soon to consider it.
1t may be-and, probably, is-a new
idea 10 some, that this right OF altering,
amending or abrogating old constitu-
tons, and making new ones, rests with
the people. That they can act without
regard to the modes provided in their
written constitutions is unquestionable.
1t extends, however, not to the making
of laws, as we generally understand
them, but only to the forming of the
organic law. Herein the people are
sovereign Let them act wisely and for
their own best interests.
Exit Courier.