Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1843-11-03

relative 10 appeals IN actions before justices oil tue
peace, aud il was dismissed The Judiciary commit.
ice asked TO he excused from further consideration OF
the resolution relative TO allowing time for redemption
after the sales OF lands for taxes, agreed IT, BY Ju.
dietary committee, bill 10 enable charles Miller to hold
real estate, which was ordered TO a Sd reading Bill
in addition to chapter 70 revised Statutes relating to
pleas in offset mot extending negotiable notes pay
able at banlk which, after remarks by Messrs Wright
of Shorehan and Whittemore, was made the order
for Monday morning next.
On motion of Mr. Whiitemore, the l4lh rule was
suspended and the vote giving Henry Hill and N. s.
Hill leave to withdraw their petitions, reconsld
ered, and the petitions referred to committee on
Roads.
Blu introduced. From the Senate in addition to
chapter 81 revised statutes relating TO associations TO
extnguish fires, which was ordered to thlid read
inp
The Senate coming in the following elections were
made:
Chapman Swain, Superintendent, of the State Prison.
Swain l29, Samuel Mutt 81, scattering 8.
| unanimous.
Danniel Dennison, Director OF the State Prison
[Denison III, Daniels Ewing a. scattering
Abner Field, ditto. Field l23, Ira Davis 80, scat
Stephen pren,iss. ditto [pren,iss 1877, VIM. San.
born rs scattering 5
Hon. VIM. Slade, Reporter of decisions of the
Supreme Court [Sade l27, Daniel P. Thomp-
The Senate retired and the House proceeded with
business.
Special order. The House proceeded to consider
the bill in addition TO the several acts regulating the
militia,
Mr. Davis of Norwich offered an amendment re-
quiring. six days notice OF appeal TO be gwen ;
adopted.
ou, the provision which requires exempts of pay 81
vearand by adding practising physicians and surgeons
to the sl Of exempts. Opposed by Messrs Davis Of
~, Whemore Peck and Burroughs of Kirby, and
rejected-ayes I, noes lSS.
Mr. Wins moved In NIL that relates tho
exemption of Judge, registers county clerks, sher.
s and deputies, baillfis and constibes aad school
teachers.
Mr. Villas sustained the motion, on the ground thai,
all should be equally bound to do duty and be liable
to the same penalty for not doing IT,
Mr. Peek opposed it. The laws require judges, &c.
to perform certain duties which they may not be
able to perform # required TO do military duty. In
his opinion, such persons should be exempted pay
ing an ca ivalent.
Mr. Stacy concurred with Mr. Peck, and took oc-
casion 10 that he wished 10 require these exempts
to pay n far proportion sustain the militia both
because il was Just, and because he wished to lorce
them 10 pay some regard 10, and take some interest
in the militia. Then, he trusted the too long wretc h.
ed treatment OF this branch of the public service
would be corrected, and a satisfactory and just mil
lila system he adopted.
Mr. Davis of n. said the committee entertained
views similar TO those Of Mr. Peck: and Mr. Villas re-
piled, insisting that if these persons were 10 be ex-
cmped, then jurors and parties and witnesses IN suits
must on the same ground be exempted. He was for
putting all uppn a common level and he was not in
favor Of allowing the rich to pay for an exemption
with TIER money-ior in that case, we might cometo
the point when dollars only would be found TO defend
the country.
Mr. Wh;,,eHorc said the gentleman from Chesa
would compel orr judges either TO violate their oaths,
by ncgecng their proper duties in order to train, or
clse by doing those duties to ontc the militia law.
80 also Of county clerks and registers. As TO eher
IA and like officers thcr services might he required
by the public. lie agreed that it would be wei to
strike out sctoo masters. As to witnesses and iu-
ror they would no, be fined for absence occasioned
by being engaged in court
FRtDAY EVENING, Der. 81.
The President presented Il communication from the
Secretary o. The Senate, made in pursuance OF reso
luton relative 10 the printing Of the Senate journals
for the years 1870 lS4l 1912 and 1885, which was
read and referred to the select committee raised on
this sniact. Tn. President also presented report
from the Auditor Of Accounts on the same subject, as
well rs tho accounts for printing the laws and journ-
ais of the House, which referred TO the
m,ec.
Mr. Briggs called up the bill from the House in re-
non 10 granting licenses 10 retailers of spirits, which
repeats the 9th nh l2ih, md 18th sections OF chapter
so Of the revised statutes, and explained that the first
section which is proposed to be repealed gives the
County Court the power to license; the second, pro-
viles for cases where the civil authority fail TO nppro-
bate persons 10 be licensed and the two last relate
to licensing in vacation of the court Ia his view,
the passage Of this bill would take away the power oil
the courts, and thus amount 70 total PROHIBITION OF
the traffic. II this So il would be Gcng th!ne
indirectly which should be done directly, ii done al
ALL He believed the cause of temperance was now
progressing more rapidly than il would progress, il
attempts were made 10 aid II by legislation. The
friends ofhat cause, indeed ask no legislation IN ad-
vance Of public opinion.
Mr. Butler called for the reading Of the ac, of las
year empowering the County Courts and city Of Yer.
gennes 10 license at discretion that this
might aid the Senator from Rutland out of his Diff
, Guilty.
MIR Ersas said if this would remove all difficulties
ne would be pleased to hear the ect Of the bill.
! The bill was then rejected on the third reading
Capital PHnishmenis.
The Senate proceeded to consider the b II repeating
the act of ast year in relation TO capital punishment
the question being upon the amendment OF Mr. Butler
which requires postponement of the sentence on
year after conviction. On this question sofnewhn
protracted debate ensued, Of which the following /
an abstract
Mr. Cahoon waived the theological question as T.
the right 10 nlct capital punishment, and propose
to regard this question one IN which legislator
were 10 act in accordance 10 their relations 10 mer
no, as ylcegcren,s Of the Almighty. Should the erin
NAL he executed wl,hou, space for repentance, an
without the rlgh OF even performing the Legislature
the Executive for mercyl He thought not and SUI
ported the amendment. The right Of petition, ST
cred 10 ALL and about which the people were elaine
ruus, should not be denied even 10 the convicted erin
inn Indeed, in cases where property only was
stake the law gave the RICH, of repeated trials, md
= shocked him to think, that IN question of life Use
y less privileges were granted Inc poSslhlhy oil u
e conviction of innocent men, in times of public cxcit
ment, or for the o.evjcnce TO prove innocenc
Il which time might bring to light were urged MS soul
i reasons for delay, aud nothing but thirst for We
i" seance which he secuted would hurry on the co
l. Wet from his ,ria TO the saows. Nothing sure
- could be lost hy delay. He believed that tho spirit
e the ,ge tended to the mitigation Of penal statutes, Al
q thai IN this case legislation was behind public opinin
II Mr. Cuts said the Senator from Caledonia erred
n sIpposing that the old statute deprived the convict
- the hi of asking for reprieve or commulnuon
I, punishment. Both were granted. and time for I
al exercise of this power he believed had always I've
10 gwen. This bill without the amendment rcstor
~ the old law, and there therefore reason for
u amendment there certainly Ind been no call for
The question, them resolved Itself into ths-shall
III restralnsts against murder be lessened! shall
murderer he executed, or left to some other puni'
a. men, which an excited and perhaps caprIcous leg
l. laure might designated He would not 50 leave Il
crime.
=" Mr. Plumb believed there were two sides to I
question; one vas whether punishment should
w directed by a caprcious legislature; AMI the other
' the court, under verdict influenced perhaps by
;. pricons and excited multitude. 1t had been said q
ii punishment was delayed public excitement and
II, dignaton would cease; and this was one strong !
nv son why he went for the amendment. When
~, public became calm, it the very time to revise
d. trial and seewhether it was fair. This privilege
m conceded in civil suits, and when il was denied in
nj a cases, it really seemed as if there was eliur
he hurry on the taking of life. lie believed il safe