Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1841-11-08
WATCHMAN g. STATE JOURNAL.
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LEGISLATURES OF VERMONT.
SENATE.
FRIDAY, Oct 20, A, M.
PRAYER bv the Chaplain,

committee OF three 10 examine the concerns OF
the Bank of Essex, in which the Senate resolved
to concur; by Mr. Dana, that the Senate daily
convene at halt past 8 o'clock, A. NJ, on motion
of Mr. Bartlett laid upon the table; 10y Mr. Woos-
ter, providing for the appointment of acommittee
to digest the militia laws of this state and report
at the next session, read and laid upon the table.
Bill, by MIR Wooster, in alteration of chapter
10Y of the revised statutes, referred to the COM
mittee on the Judiciary.
The Senate took up the resolution reported by
the committee on Elections, alleging that the Hon.
Daniel w. Aiken is not entitled to n seat in the
Senate. Messrs Dillingham; and Bartlett opposed
the adoption Of the resolution in speeches of some
length.
MIR Dillingham; opposed the adoption of the
resolution on the ground that the constitution of
this state confined the inegbility to the fact Of the
Senator'S holding the office Of postmaster at the
time of his election to the Senate; and that there
fore the report of the committee and the resou-
ton were bHsed upon an erroneous principle
For the purpose of testing the voice of the Sen
ate upon this single question, Mr. ID. moved the in
definite postpohemeht OF the resolution Alter
remarks of Mr. Clark, MIR ID withdrew his motion,
and the question being upon the passage of the
resolution, Mr. Dillingham; continued his remarks,
contending that Mr. Aiken not disqualified
from holding his seat in the Senate, even iron, the
facts as reported by the committee on elections.
The testimony before that committee was materl-
ally defective, mere hearsay, and inadmisslble by
the rules of testimony.
Mr. Bartlett took the ground that the Office of
postmaster was not an appointment Under the au-
thOrity of Congress- and also, that 1t holding the
office of postmaster at the time OF his election TO
the Senate, the acceptance of the latter was
virtual resignation of the former; that it was not
competent for the Senate to deprive him Of the
privilege OF making his own selection. Mr. b. il
Illustrated the position he took, in speech of con-
siderable length.
Mr. Clark replied to Messrs Dillingham; and
flpff nd he NO nj
on the ground that the appointment of postmasters
is under the authority of Congress and the hold
ing Of that Office, and any Office i'll the legislature
at the same time, is violation of the constitution
of the state.
MI Dana would confne the question TO the fact
whether Mr. Aiken did or did not hold the Office
of postmaster on the day Of the commencement
of the present session of the Legislature. The
facts reported by the committee oil Elections, were
at least, to his mind, fully strong evidence of the
fact that he There seemed to be no reason
able doubt of the fact, from the daily or weekly
reception OF waybills at the pos; Offices. Once a
postmaster, always a postmaster, until the resig
nation was accepted by the Postmaster General,
and the bonds cancelled.
Mr. Dana said it was somewhat singular that no
pretence whatever made by any one that an
other than MI Aiken was postmaster al Lamoille-
vile. II such were the fact, 1t was easy for gen.
tlemen to show it.
MIR Fisk, chairman of the committee on EIec-
in debate TO the committee, and to the alleged in
sulicency of the evidence before them. He felt
called upon to make few brief remarks. The
committee had intended to procure the best evil
dence the nature Of the case would permit; and
for that purpose had examined the records OF the
post Office in Montpelier. 1t there appeared, in
evidence not contradicted, that the honorable
Senator from Caledonia, (Nlr Aiken,) as postmas-
tie, at Lamoilleve, (llardwick) at the time of his
election to the Senate, regularly sending his
nn
vile to Montpelier, with the date and number OF
letters, or papers enclosed, and with his printed
signature as postmaster annexed. Similar bills
had been received from the day of his election NJ
to Oct. 90 l84l. Itdd not appear from testimo
ny that any other person was postmaster nj La
moilleve. This, the committee regarded al
competent evidence, and upon it had founded
their report and the accompanying resolution.
The debate was further continued by Messr
Wooster in favor, and Blodgett opposed, when
without taking the question,
Then Senate al lourned.
Engrossed bills. For next election of mem
bers Of Congress- made the order for Friday
morning next. For commissioners to take depo
sitions in Canada for relief OF insane poor sew
orally passed. Establishing line between Ben
nington and W indian counties, recommitted oil
motion oil Mr.. Shafter authorizing bridge iron
South Hero to Milton, passed.
The bill repeating the fox bounty was ordere'
to a third reading.
Petitions referred OF David A. Murray ant
others, for removal OF Chenden CO. buildings
to members OF Chittenden co.
Reports. By committee on military affairs n
gainst providing for the instruction OF the mlliti
by CHASING them one third to be instructed annu
ally a resolution for committee of three 10 b
appointed by the Governor, torevise the militi
Jaws and report To the next Legislature, whic
was laid on the table bill altering militia laws
reating to returns discharges and courts martial
which was made the order for "Wednesday morn
ing next. BY Judiciary committee against Sen
ate bill in alteration of chap 10Y X. >. (nlterin
oath of officer of freehold COURT and it was re
jected
The auditor made n deluiled report on tn
school fund, and 300 copies were ordered TO b
printed.
Resolution. BY Mr. Chandler Of p. drectin
the Judiciary committee to inquire whether a
the decisions of the Supreme court have been rt
ported according to law adopted.
Mr.. Dewey called up the Senate hll provdin
for the appointment OF chaplain Of the state PR;
on; and it wns amended so us 20 authorize IL
superintendent to fill vacancies in this Office hal
pening by other cause than death, and passed.
Mr.. Baker called up the bill for geologic
survey, and il was recommilted for amendment @
motion of Mr.. Beach.
The Governor notified the House of the resi-
nation OF Gen S. b. Hozetine OF LIST brigade z
division.
Bill introduced BY Mr.. Cotton, in amendmo
Of sec. 6 chap. l07 X S town clerks 10 recei'
cis. per folio for recording and copying deeds
referred to Judiciary com.
Mr. Davis Of N. called up the bill relating
fees ofaudtors and referees fixing the compens
ton at SO per day and 10 cents per mile for IRA
el) bill supported 10y Messrs Sprague, Davis Of
and opposed by Messrs Ilebard, Pierpoint AZ
Sergeant. Mr.. Villas also opposed the bill as il
and moved to strike out 50 and insert 81. III
motion was discussed Ivy Messrs Keith, Dow
Chandler of r., Villas, Shaler, Gichrst Canfel
ado,
ed, l26 to II. Adj.
SENATE.
O'clock, p. M.
Report, by Mr. Blodgeu, Of the committee