Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1911-09-14

II you once concede that the people can
and have parted with their birthrlght to
change their organic law except every
tenth year through the Senate, you must
concede that one generation can FIX upon
any multiple of ten years as period |
for change or can make a constitution UNI
changeable forever.
Daniel Chapman long ago recognized the |
faacy of this position. ITO admit" he |
said. that the sovereignty Of the people |
can be restricted by the constitution is to
admit that 1t may be made unalterablc. |
which Is absurd"
sydney Smith in his usually interest
ing way makes similar comments upon
what we call irrevocable laws. "All living
men," he said, must possess the SUI
preme power over their own happiness at
every particular period To suppose that
there Is anything which n whole nation
cannot do, which they deem to be bene
fetal to their happiness. and that they
cannot do II because another generation
| long ago dead and gone said 1t must
not be done, Is mere nonsense. While you
are captain OF the vessel, do what you
| please, but the moment you quit the ship
! I become as omnipotent as you. You
| may leave me as much advice as you
! please but you cannot leave me com
mands, though, in fact, this Is the only
meaning that can be applied to what is
| called irrevocable laws. 1t appeared to
tho Legislature for the time being to be
| Of immense importance to make SUCH and
such law. Great good was gained or
! great evil avoided by enacting It. Pause
before you alter an institution which has
been deemed to be OF so much import
ancc. This Is prudence and common
sense; the rest Is the exaggeration Of
fools, or the artifce Of knaves, who eat
up fools"
We cannot now mention all the con-
/ siderations that would lead rs to the con-
clusIon that the so-called time lock only
applies to the specific method Of initiating
amendments through the Senate. BY this
method only such proposals a. are as
scented to by twenty out of thirty sena-
tors can be acted upon by the people. ri
nally, no other body, not even the peo-
| pie themselves can amend a senatorial
proposal however slightly. our constitu-
ton would. indeed be coffin in which
the dead body OF our rights might mold
er away If reviviflcation be solaly de-
pendent upon the fortuitous concurrence
of the senators.
provided for a council Of censors that
had power every seventh year. to submit
proposals OF amendment to convention
which had no power over them save to
accept or reject them. The Inconvenience
of this method was long felt and long
endured. In 1912 Nathaniel Chapman ex-
pressed what had come to be a general
opinion az to this method. AS to their
+. ccnsoral powers he wrote. Il have al
ways considered them a mere nose of
wax, and the impropriety, not to say alb
surdity. Of the provision. which compcls
the representatives of the people. in con-
vention, to work in channels combining
them to the adoption or rejection Of each
article proposed without the least cleo
3, ton, is very apparent.
The council Of CensOrs W. finally aho-
, lshed and the Senate was given a power
OF Initiating amendments. Was the change
, an Improvement? 1t Is difficult to see how
II was so FAR as the duty OF proposing am
endments is concerned. The censors were
chosen with n view to their special fit
ness for their duties. while senator's even
IN decennal years, are chosen for gener-
al legislative powers Without any dis
arrangement or the senator's upon whom
> may fall the duty of proposing amend
mcnts, we believe that 1t may be Justly
. said that thc,. often ,c, ,,o,, ,o,,,.or,.,
r tive fears rather than unor ,,-oo,,.o-,.,,.
} knowledge We would no, .ov tb,, .b
D substitution OF n Senate for co,roii -
= censors was mere exchange of wax
1 noses, but we doubt II the new method
is an improvement upon the Old
g The Senate of 1910 was. in nv humble
opinion, one OF the best that we have had
{ but many OF its members would have con
fessed to YOU that constitutional amend
q encc and knowledge that they hesitated
- to act upon them. The fault. If any there
n was was not with the senators. hut with
T. the system that imposed upon them such
o duties. We are inclined to elect officials
i with the idea that they will be able to re-
= form the constitution or remodel the solar
system. If they fail in a physical in
vention or a civic reformation we crlti-
y clse them rather than the system
= We believe that the present method of
4 amendment, and even the one that was
- proposed to take It's place. is not the best
!. NAV answer for such changes as NAV
b, meet with nrac,,caIlv universal consent
= Some may sav that M other changes
. should b, made I'm, such should r.nen1-
hor that many forward st.rs would rover
: have h..r t,k., I, ,,o,. md had ia vat,
,no, ,,o-thIr,;. yo,. NJ vory limited
. ,n,,. I'M. o,,o, r,.r .,,o .a.L t., nard VA