Chap. 7. 



POLITICAL INSTITUTIONS. 



125 



COUNCIL OF CENSORS 



FROM THE FIRST TO THE FIFTH. 



Section V. 



Council of Censors. 



Under the provision of the 43d section 

 of the constitution of the state, there has 

 been a council of censors elected once in 

 seven years, since the first adoption of that 

 instrument. The first vi-as elected in 

 March, 1785. This council held three 

 sessions; the first at Norwich on the 1st 

 Wednesday of .June, 1785, the second at 

 Windsor on the last Tliursday of Septem- 

 ber following', and the last at Bennington 

 on the first Tliursday of February, 1786. 

 At these several sessions numerous reso- 

 lutions were passed, expressive of objec- 

 tions to laws then in force, and recom- 

 mending to the legislature their repeal, or 

 modification, so as to render them more 

 conformable to the humane principles laid 

 down in the declaration of rights. They 

 also proposed sundry alterations in the 

 constitution, the most important of whicli 

 was one limiting the whole number of 

 representatives to 50, and providing for 

 their election by county conventions, or 

 by dividing tlie state into districts.* This 

 recommendation wms, however, not adopt- 

 ed by the convention assembled by order 

 of this council of censors. 



The second council of censors, elected 

 in 1792, in their revision of the constitu- 

 tion, proposed so to amend it as to vest 

 the legislative power in a senate and house 

 of representalives, as co-ordinate branches 

 of the legislature. All bills passed by the 

 senate and representatives, before they 

 became laws, were to be laid before the 

 governor and council for their approba- 

 tion. If not approved, they were to be 

 returned, with the objections in writing, 

 to the house in which they originated, 

 and if, on reconsideration, both houses 

 should repass the bill, it should then be- 

 come a law without the approbation of 

 the governor and council. This proposal 

 was also rejected by the convention call- 

 ed to consider it. In their address to tlie 

 freemen of the state, this council of cen- 

 sors say, that " In examining the proceed- 

 ings of the legislative and executive de- 

 partments of this government, during the 

 last septenary, we are happy to find no 

 proceedings which we judge unconstitu- 

 tional or deserving of censure." 



The third council of censors, elected in 

 1790, proposed no alterations in the con- 

 stitution, and tlierefore called no conven- 

 tion. They, however, published an ad- 

 dress to the people, in which thej- say that 

 they consider the constitution susceptible 



* For an account ofthe proceedings of tliis council 

 and their address^ see Slade's Vt. State Papers, p. 

 571-544. 



of improvement, but that " the present 

 convulsed state of political opinion, ren- 

 ders the present an unsuitable period for 

 entering on such an important business." 

 They further say, " that in examining the 

 procedure of the legislature during the 

 last septenary, we are of opinion, that ex- 

 cept in a few instances, they have con- 

 ducted public concerns agreeably to the 

 rules prescribed by the constitution." The 

 exceptions here alluded to are, first, " an 

 act directing the mode of election," &c. 

 passed October 26, 1796, secondly, " an 

 act relating to fines and forfeitures," &c. 

 passed in March, 1797, and thirdly, " an 

 act to support the gospel," passed Octo- 

 ber 26,1797. These were all declared to 

 be repugnant to the constitution and their 

 repeal recommended. 



But the matter upon which this council, 

 in their address, animadverted most se- 

 verely, was the proceedings ofthe assem- 

 bly in the case of William Coley, the 

 sherifFof Bennington county. The coun- 

 cil charged said Coley witli taking illegal 

 fees ; and by a communication to the as- 

 sembly, during the October session in 

 1799, ordered his impeachment before the 

 governor and council. Upon the recep- 

 tion of this order, the house of represent- 

 atives, instead of submitting tlie matter 

 to the governor and council, proceeded to 

 investigate it themselves, and finally re- 

 solved that the charges were unsupported 

 and that the order siiould be dismissed ; 

 thus assuming to themselves the power 

 to try impeachments, which, by tlie con- 

 stitution, was vested in the governor and 

 council. 



O? the fourth council of censors, elect- 

 ed in 1306, we are unable to give any ac- 

 count, not having succeeded in obtaining 

 a copy of their journals.* 



The fifth council of censors, elected in 

 1813, held two sessions, one at Montpelier 

 in October, 1813, and the other at Mid- 

 dlebury in January, 1814. They proposed 

 sundry amendments to the constitution, 

 the most important of which related to a 

 senate and to the judges of the supreme 

 court. The senate, which they proposed, 

 was to consist of 24 members, who should 

 hold their otRce three years, and, of whom, 

 one third sliould go out of office and their 

 places be supplied each year. They pro- 

 posed that the judges should continue in 

 office during good behavior, but be re- 

 moveable by a concurrent vote of two 

 thirds of each of the two branches of the 



* It is a lamentable fact, that there is not, so far 

 as we can learn, a complete .set of the printed jour- 

 nals, either of the genera I assembly, or of the coun- 

 cil of censors, to bo found in any public library in 

 the state — not even in the state library at Montpelier. 



