Vermont phÅ“nix. [volume] (Brattleboro, Vt.) 1834-1955, 1842-10-21
SENATE.

SENATE.
7Hursday, Oct. I3.
The President called the Senate to order.
On calling the names it appeared that all the
Senators were in their places but one.
On motion of Mr. Starr, the rules of the
last session we're adopted until others are
provided.
CdnUaSsing COmmittec-Messrs Shel-
don, Townsley, Briggs, Field, Starr, Hatch,
French, Dillingham;, Bartlett Hubbell,
Camp, Butler, Brigham and Sowles
On motion Of Mr. HubbelI, the House
was informed of the organization of the Sem
ate.
Zebina c. Camp, was appointed door
keeper to the Senate and Samuel l.. Bill
lngs assistant door-keeper.
Bin, by Mr.. Camp, for dividing the State
into four districts, and prescribing the mode
of electing members Of Congress. Read
the first and second times, and referred to
the Committee TO be raised on the Judi
ciary.
On motion of Mr.. Butler, the Senate pro-
ceeded to the election of Secretary. Mr..
Bartlett nominated c. G. Eastman, and Mr..
Townsley nominated Dewitt G.. Clark, Mr..
Clark was elected The ballots were, for
Mr.. Clark 10, MIR. Eastman IA.
HOUSE.
The members of the House were called
to order by c. l.. KNAPP, Esq, acting Sec
rotary of State, when the roll was called and
the oath of Office administered
The acting Secretary of State, informed
the House that paper was presented from
the proper officer, stating that Jonathan
Houghton was duly elected a representative
from the town of Readsboro', accompanied
by certificate, in accordance with the law,
that he had not resided in the town for one
year preceding his election.
Mr.. Harrington moved that Mr. Houghton
be admitted to seat, urging that the certih-
cate as TO residence was merely prima fdcie
evidence, which might be controverted by
other evidence. lie thought this question
as to eligibility was one to be investigated
by the committee of Elections, and that until
decision was made against the member, he
was entitled to seat, having the same evil
dence of legal election as other members
Mr.. Hebard opposed the motion the law
was unequivocal as TO the question of resi-
dence, and gentleman claiming seat last
year, under the same circumstances, was re-
fused by nearly unanimous vote. Mr.
Houghton had not even primd fdeie cvi-
dence of right to seat, under this certh-
cate; and he ought not to be admitted till
his right was established, after investigation
by the committee of Elections, and by de-
csion ofthe House. Mr. IIebard called for
the reading of the 10th section of the statute
of elections, as follows:
Sec. 10. 1.-THE person. so elected, shull
NJ loI
next preceding his election, and one year
next preceding his election in the town in
which he shall be elected, the presiding off
Ger shall certify the same in a certificate, TO
be given as aforesaid"
MIR. Pettibone sustained the grounds taken
by Mr.. Harrington, and in the course of his
argument suggested that the election law, in
respect to eligibility, might be considered as
inconsistent with the Constitution.
MIR. Garfield replied, defending the prece-
dent of last year: he thought that the gen.
tleman from Manchester had probably over.
looked Section Is of the second part of the
Constitution, as follows:
''No person shall be elected represents
tive until he has resided two years in this
State, the last which shall be in the town for
which he was elected"
MIR. Harrington further sustained his mo-
ton, contending that by the provisions Of
the law for the House, the Secretary of
State had no right TO iaise this question
no discretion was TO be exercised by him,
but he was bound TO receive all the creden-
tials and administer the oath. Any question
arising as to the rights of members was sub
sequently TO be examined by the committee
OF Elections, and decided by the House
Mr.. Harrington sustained this view of the
question it was not for the Secretary to
Judge of the qualifications of members
that was privilege of the house itself lie
tho't the decision ofthequestion last year was
right the error was in the Secretary raising
the question
Mr.. Skater deemed it the duty of the
member to present evidence not only of his
election, but of his eligibility both facts
were necessary to constitute a right to
seat. He differed entirely from the views
expressed as to the duty of the Secretary Of
State. The law prescribed certain kindof
certificate, and the Secretary must decide
whether the paper was presented as le-
gal certificate. In this case the certificate
on its face did not entitle the claimant to
seat, II there was any force at all in the stat
ute, and he should not be admitted If
wronged, the claimant has his remedy.
Alter further discussion by Messrs Villas,
Hebard and Pettibone, the question was laid
over, when Mr.. Villas presented resolution
declaring it to be the duty of the Secretary
of State to enrol the names of all the mem
bers presenting credentials. A question Of
nrIn IL II