Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1842-10-21

lerring SO much OF the Governors message MS re.
fales TO state finances TO select committee OF FIVE.
BY MIR. insiructing the judiciary commit
tee to inquire into the expedency of exempting
polls of nilIta from taxation on The list OF le42;
adopted. BY Mr.. Jones of Wasfield, referring
the present listing law 10 the general committee
for examinations adopted.
Petitions referred--Of VIM. Simmons for a
grant Of land, of VIM. Cults, TO the committee OF
claims; of Carlton b. tazen and others, Alonzo
b. tlOugh and others, and Hozea Adams and 9TH
ers, TO committee on Military affairs Of Ephraim
Rice and others, and james Fuller and o'hcrs, 10
select committee Of five members of Windham
county Of V. Lawrence and others TO judiciary
committee.
The Reddsboro' Case.
wns called up by Mr.. Ptttbone, when Mr.. Villas
offered his resolution, declaring it TO lie the duty
of the Secretary Of state To enroll oil members
who present credentials Of their election.
Mr.. Peuibune sustained the resolution, making
the following rs the principal points: first, that ly
the statute on the organization of the House, the
Secretary Of Stnle had no power to raise my
question on the credentials presented aud sec.
Ond, that The statute itself is inconsistent with the
constitution. On tie second point, he argued that
the l2.h section Of The Constitution required
different mode OF organization than that required
lay the statute, aud referred To the journals OF an
carly date to show that II different mode WINS then
prncliced aud also HAT the House itself could not
Judge of ile the qunlifcu ious Of ls own members
until after it had been duly organized There
was no authority in the Constitution, lie averrcd,
to empower HE Secretary practically 10 dIsran
elise the freemen OF any town in the state. He
also went briefly into the right of the returned
member TO seat, aud urged that his constituents
had light to demand II dccsiun of this question
before the important questions and elections OF the
session were decided.
Mr.. Cushuian NOV, cd to dismiss the resolution.
Ivisp in M
the real question in this case II passed, the Sec
rotary could not enrol the person. it was too late
to do that The whole question would come up
on the presentation of credentials, and 10 prevent
u repetition of discussion, he made this notion
ar. Van Sickin thought this case so very plain
that the Secretary needed no advice. Suppose an
alien were sent here as a representative, must the
Secretary admit him? By no mems the consti-
tuiion aud laws OF the state should not so be put
ut defiance.
Mr.. Stark regarded The whole argument OF tho
gentleman from Manchester effort 10 bring
in mau here III violation of the Constitution.
That instrument required n certain term OF resi-
dence and the law for the organization OF II Q
House provided for the execution tins c0nstlu'
ton. Nh Stark commented, with little favor, up
OF the precedent of the Now jersey case, which
had been here quoted.
Mr.. Davis, OF Norwich was against disnlissing
the resolution, for the simple reason that he was
opposed to comforting the powers OF tins House
upon the Secretary OF State. He demanded the
ayes and noes.
Mr.. Villas said the dismissal OF the resolution
would he practically n direction TO the Secretary
hereafter to do precisely us lie has now done. lie
dsavowed party views: precedent now eslab-
lshed might, operae upon both parties hereafter.
The House should regard the constitution that
conferred Oh the House alone the power OF judg-
ing OF the rights ofs own members, and no pow
er under Heaven authorized the Secretary 10 as
sumo that power. lie must enrol the persons
presenting credentials: they members elect !?
that was the onIy question for him 10 decide. To
the House, after organization, 1t belonged to say
whether The person was eligible, or The election
legal. lie cast no reflection upon the Secretary
it wus right that he should take the advice of The
House. lie further saggesedlhat if this resolution
is dismissed it might operate us repeal OF the
statute requiring the Secretary to enrol the mem
bcrs.
Mr.. SKATER deprecated The continuation Of the
discussion at this stage. The resolution did not
touch the right of the claimant 10 a seat, and us To
advising the Secretary 10 good could result. He
acts upon his own construction OF The statute and
though The opinion OF This House may he entitled
TO respect, yet another Secretary md another
House might differ from it, He did not agree that
the salntc required the Secretary 10 enrol the
members elect barely: he was to enrol those who
presented credentials, aud there was therefore this
question necessarily presenter T" h'h, VIC ""o'h-
er the papers presented to him were credentials or
not. In his opinion, The constitution and HE STAT
ute were most clearly against the right OF The
claimant in this case 10 II seat.
Mr. Harrington thought The only question was
lhis,-whcre has HE constitution placed the power
Of Judging of the qualification OF the members OF
the House? 1t was not in the Secretary the
statute gave him no such power, while The Con-
snlulion clearly placed it in the House. Now
there was no House until ii il organized ; and not
until that time therefore is there any where pow
er to nudge of the qualifications OF the members.
Mr.. Hebard said This was resolution directing
the Secretary IN his duty yet IL did nothing more
than what the slntuie now does. II il does do
more then The House stands in the predicauent
of superseding the statute by bare rcsolulioD.-
Again, the renl question now is rs TO the admission
of the gentlemen from Readshoro-a matter over
which the Secretary no longer had the slightest
| control. He deemed The position of the gentle
nlan from Chelsea, that dismissal OF this resolu
| ton would operate 10 repeal the statute, exceed
| ingly strange. Even were this resolution bill,
would its election operate MS repeal Of the ex-
| listing law? Mere hill brought in TO re-ernct
the Revised Statutes, then On this ground, were il
| rejected, all our laws would be repealed Mr.. II
said that II there is any question OIL which the
vote OF The gentleman from Readsboro' is desired
by his friends, he would willingly 60 for delay
OF such business until this point was settled. tie
| uIu lut CONCUR Win INC beutieiuuH NOM No WIFI
! in the remark that the Secretary was assuming
the powers of the House: he Ind only exercised
his own duty in deciding upon the paper presented
purporling be creds Much had been sal OF
the duty Of the House to Judge in such cases: that
was The very thing which lie wished lohave done
and he would have it done before The gentleman
from Readsboro' took his STAT while gentlemen on
The other side would receive him first & Judge hin
afterwards. There is a mode provided 10 settle
this Question the committee of elections can set
tie the facts, and then It remained Tor the House
TO give its verdict. lie was not for admitting mem
beers without right, or ngains, right, and then
spending halt of the session in getting Them onl
Mr.. Woodbridge quoted the Constitution to
show that residence is necessary TO make the
claimant eligible, and the statute requiring the
constable to certify the fact, il ineligible for wan
of sufficient residence. The Secretary had tbs
Constitution to obey and with the requisite evil
dence before him that the gentleman from Reads
boro was mol eligible, The question is should he nc