The Bennington evening banner. (Bennington, Vt.) 19??-1961, 1920-07-31

ludlHldInluB WltlllH lHelT respect
i've limits, the authorities, rights,
and liberties appertaining to
them"
The reply of Mr. Webster is the mos
effective that could be made to tn
legal argument of Gov. Clement.
This leads us to inquire into
the origin of this government, and
the source Of its power Whose
agent is it? Is it the creature of
the state legislatures, or the crea-
ture of the people? If the govern
ment of the United States be the
agent of the state governments
then they may control it, provided
they can agree in the manner OF
CONTROL ng it; if it be the agent
OF the people, then the people
alone can control it, restrain it,
modify. or reform it. 1t Is obsery-
able enough, that the doctrine for
which the honorable gentleman
contends, leads him to the neces-
sity of maintaining, not only that
this general government Is the
creature Of the states, but that it
is the creature Of each Of the states
severally; so that each may as.
sert the power, for itself, of de-
term ming whether it acts within
the limits of its authority. It is
the servant Of four and twenty
masters of different wills and diff
ferent purposes, and yet bound to
obey all, This absurdity (for IL
seems no less { arises form
misconception as to the origin OF
this government and its true
character 1t is sir, the peoples
constitution, the peoples govern
ment; made for the people; made
by the people; and answerable to
the people. The people of the
United Sites have declared that
this constitution shall be the SUI
preme law
The opinion of His Excellency o
the supremacy of the United State
is expressed in the TO
lowing ldukudBe
The Constitution of Vermont
has had the sanction of use, and
approval for more than 140 years.
Careful proyis on is made In, that
Constitution to insure extended
consideration and deljberation. in
making changes affecting its pro.
visions and for direct submission
TO the freemen of the State The
legislature may propose changes,
but Section 6 Chapter II of the
Constitution providing the powers
Of the Legislature, says They
shall have no power to add, alter,
abolish, or infringe any part of this
Cou5titutiOn'
Section 81 of the same chapter
declares that this Constitution
ought not to be violated on any
pretense whatsoever. The pro.
posed nineteenth amendment to
the Federal Constitution would in
fact if adopted make radical
changes in the Con 5titution of Yer.
mont and in our form of govern
ment
The provisions for change in
the Federal Constitution, to which
we Vermonters are loyal subscrib-
ers, are in conflict with those laid
down in the Constitution of Yer
mont. The Federal Constitution
provides that proposals for change
therein shall, if favorable act on is
taken thereon by the Congress, be
submitted to the legislatures Of
the several states for their action
and the Supreme Court Of the
United States has in recent de-
cision, Hawke v Smith, June i,
1920, declared.
The referendum provisions off
state constitutions and statutes
cannot be appied, consistently
with the Constitution of the United
States, in the ratification or re-
lection of amendments to it.
This decision leaves the people
at the mercy of any group of men
who may lobby a proposal for
change to the Federal Constitution
through Congress and then through
the legislatures of the states.
In the face of this situation, am
asked to call the Legislature of
Vermont into extraordinary ses.
slon not for the purpose of de-
batting, considering, deliberating
on the question at issue, but with
a majority of its members pledged
beforehand and in private, as
understand it, to ratify the pro.
posed amendment.
If the people of Vermont in ac-
cepting a place in the union of
states, inadvertently lost in whole
or in part the right of self-govern-
ment and conferred it upon the leg
islature, there is all the more rea.
son why the legislature should not
pass upon question which has
arisen since their election and up
on which their constituents have
had no opportunity to express
themselves.
The people are the supreme gov
erning power of the State, and the
legislators, under our Constitution
are Their representatives and res
ponsible to the people; yet, it is
now proposed that their legislature
take action without the sanction of
the people and in direct invasion
of their rights
This opinion indicates plainly thi
the Governor is in favor of a stri