The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1841-11-05
Senate. Messrs Dillingham; ana Bartlett, opposed
the adoption Of the resolution in speeches Or some

the adoption OF The resolution IN speeches Of som,
J length.
MIR Dillingham; opposed the adoption Of the reso
} luton on the ground that the constitution Of thi
state confined the ineligbilily TO the fact of tn,
Senators holding the office of postmaster at the tim,
OF his election TO the Senate and that therefor,
the report of the committee and the resolution wer,
based upon an erroneous principle For the pur
pose of testing the voice OF the Senate upon thi
single question, Mr. d. moved ,he ndefnate post
ponenent Of The resolution. ATE, remarks of Nj
Clark, Mr. d. Withdrew his motion, and the cues
ton being upon the passage Of the resolution, Nj
Dillingham; continued his remarks, c0ntendng ha
MIR Aiken was not disqualified for holding his sea
in the Senate, even from the facts as reported o,
the committee on elections. The testimony before
that committee was materially defective, mert
hearsay, and inadmissible by the rules of tcstimo
ny.
Mr. Bartlett took the ground that the Office O
postmaster was not an appointment under the au
thorily Of Congress, and also, that if holding the
office of postmaster at the time of his election tc
The Senate, the acceptance of the latter was yir
tual resignation Of the former; that it was not com
petent for the Senate to deprive him of the priy
eye of making his own selection. Mr. B. illustra.
ted the position he took, in speech of consider
able length.
Mr. Clark replied to Messrs Dillingham; and Bart
lett, advocating the passage of the resolution, on
The ground that the appointment of postmas,ers is
under the authority of Congress; and the holding
of that office, and any Office in the legislature al
the same time, is violation Of the constitution oil
the state.
Mr. Dana would con6ne the question to the fac,
whether Mr. Aiken did or did not hold The office Of
postmaster on the day of the commencement of the
| sos If tho
ported by the committee Of Electious, were at
least 10 his mind, fully strong evidence of the
Fact that he was, There seemed to be no reason
able doubt of the fact, from the daily or weekly
reception of waybills at the post offices. Once i,
postmaster, always postmaster, until the resgna-
llon was accepted by The postmaster general, and
the bonds cancelled.
Mr. Dana said ii was somewhat singular that no
pTe'ence whatever was made by any one that an
other than Mr. Aiken was postmaster ut LamoilIe-
v'e' fsuch were the fact, it was easy for gen.
tlemen TO show il.
Mr. Fisk, chairman Of the committee on Elections
said that frequent ausion had been made, in de-
bate TO the committee and to the alleged insufficient
cy of the evidence before them. He felt called
upon TO make a few brief remarks The commit
lee had intended to procure the best evidence the
nature of the case would permit and for that pur-
pose had examined the records of the post office in
Montpelier, 1t there appeared, in evidence not
conlradiced, that the honorable Senator from Gale
donna. (Nlr Aiken ms postmaster at LamoeviIle,
(Hardwick) at the time Of his election to the Sem
ate, was regularly sending his wayb,lls accompa-
nylng letters from Lamoeville to Monipelier with
the date and number Of letters, or papers enclosed,
and with his printed signature as postmaster, an
nexed. Similar bills had been received from The
day of his election up to Oct. 22 lS4l. 1t did no,
appear from testimony that any other person was
postmaster ut Lamoieville. This the committee
regarded as competent evidence, and upon it had
founded their report and the accompanying resou-
ton.
THE debate was further continued by Messrs
Wooster in favor, and BIodge,t opposed, when,
without taking the question,
The Senate adjourned.
HOUSE.
FRIDAY, Oct. 10, l94l.
REPORTS by committee on military affairs, a.
gains, providing for the instruction of the militia
hy chasing them one third to be instructed annu.
ally; resolution for a committee Of three to be
appointed by the Governor, to revise the militia
laws and report 10 the next legislature, which was
laid on the tables bill altering militia laws (rela,ing
to returns, discharges and courts martial, which
was made the order for Wednesday morning next
by Judiciary committee, against Senate bill in al
leralion of chap 100 X. S. CATERING oath of officer
OF freehold court,) and it was rejected
The auditor made detailed report on the school
fund, and 800 copies were ordered TO be printed
Mr. Dewey called mp the Senate bill providing
for the appointment of chaplain of the state prison
and it was amended so as to authorize the SUPER
inlendant to ill vacancies in this office happening
by other cause than death, and passed
The Governor notified The House Of the resig-
ma ton OF Gen. s. B. llazelne Of the LIST brigade
I'd division.
Mr. Davis N, called up the bill relating to fees
OF auditors and referees, fixing the compensation
at So per day and 10 cents per mile for iravel,)
bill supported by Messrs Sprague, Davis of N. and
opposed by Messrs Hebard, Perpoinl and Sergeant.
Mr. Villas also opposed the bill as il is, and moved
to strike out So and insert 80. This motion was
discussed by Aessrs Keith, Downs, Chandler orP. |
Villas, Shafer, Gichrst, Garfield, Spruce, Moves,
Taylor and Fuan, and adopted, l26 TO IL. Adj. |
SENATE.
2o'clock, p. NJ.
Report, by Mr. Blodgett. of the committee on
Agriculture, on the subject Of encouraging agr- |
culture, as contemplated in the resolution of Mr.
llach-laid upon the table.
Message from the Governor informing of a va
~"~'N" ~ wv 'S''p"a''oH VI beH. .. ID. IIuZ-
eine.
The House returned the bill in amendment of
chap. lO4 of the revised statues, with an amend
ment, which was concurred in.
The Senate adjourned.
HOUSE.
2o'clock, p. NJ.
Engrossed bills. Relating TO fees Of auditors
and referees; rejected, ayes "a, noes lOl In rea-
lion to crimes and pnnishmen,s (persons acqui,-
ted of crime on ground of insanity may be impris-
oned,) passed.
The Seuale came in and the following appoint
ments were made:
COUNTY OFFICERS.
ORANGE COUNTY.
S 9o.han I''I'' Assistant Ju.'ic..
Asa Story, Sheriff
Crel Ilosford High BailifF.
Elijah Farr, Suites Attorney.
VIM. Hebard, Judge Of Probate for the district
Of Randolph.
j. ID. w. Parker, Judge Of Probate for the dis
rict of Bradford