Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1845-10-16


amount considerably below that of similar appro-
priations in other States, and much below the sum
previously estimated necessary for the survey Of
this State,-an amount, however, which have
felt bound to make the immovabe limit of all my
calculations for the prosecution of the work.
have, therefore, been compelled TO restrict the
Geologist and his assistants to compensations be-
low those usually allowed for such services,-in
regard to which however, deem it fortunate that
have been able to secure, for compensations SO
inadequate, services SO efficient and valuable. l
am inclined to think that justice to those engaged
in the survey, as well as TO the survey itself, de-
mands some addition TO the appropriation, for the
service Of the remaining two years.
The Geologist will hereafter report TO me, as the
law makes it his duty TO do, On estimate for the
expenses of the next year, which will transmit for
the consideration Of the General Assembly.
The law authorizing the survey, makes no pro-
vision for preserving suits Of specimens for any pur-
pose. The preservation Of suit to form q State
cabinet, being, however, obviously indispensable,
have given orders TO the Geologist 10 that effect
have received formal applications for suits ofspe-
cimens, from Middlebury College, from the Mcdi-
cal Colleges at Woodstock and Castleton, and from
the Troy Conference Academy at Poullney. The
obvious Importance of having collections Of speci
mems illustrating the geology and mneralogy Of
the State, 10 form cabinets in these institutions,
we'll as in the Vermont and Norwich Universities,
has induced me, though without authority of law,
to direct the Geologist TO make his collection suf-
hcently large, to enable him TO furnish complete
sets to all these institutions, in regard to which
confidently anticipate The sanction of the General
Assembly, in The small additional appropriation
which may be necessary to meet the additional ex-
pense.
| am happy to say that deep and general IN
terest has been manifested by the people, in the
survey as ii has progressed which, it is hoped,
may be regarded earnest of what is TO be
pected through its entire course. Tie science of
geology, though possessing high practical interest,
is but little understood by the mass Of the people.
regard it, therefore, as not among the least i'm
portant benefits ofthe survey, which the berallty
OF the General Assembly has authorized that it
will awaken among all classes more general in
terest in the science, and have the effect Of direct
ing the active minds Of our people-especially the
young of both scXes-to its study--a study so we'll
adapted to discipline, exp nd and elevate the mind,
while it goes ftrth TO investigate and admire the
useful and mysterious the beautiful and sublime of
the Creators works.
BY resolution of the General Assembly, passed
at the last session, it made the duty OF the
Governor to request the delivery by the General
Government, Of" the four brass cannon, taken by
the Green Mountain Boys from the British at Ben
nngton, on the 9Th of August, 1777, and to cause
the same when received, to be deposited in the
State House. In obedience to the requirement of
this resolution, addressed the Secretary Of War
on the 2lsl Of January last, requesting the delive-
ry of the cannon To this received reply, dat
ed the goth of February, saying that. 8" should the
guns referred to- be found in the possession of the
ordnance corps, they are among the other trophies
of the war of the revolution, aud are held as public
property of the United States - and suggesting
an application to Congress for order for their
delivery,
In reply 10 subsequent communication from
me, asking that an enquiry might be made, for the
purpose Of ascertaining the number of the cannon
taken at Bennington then in the possession fthe
United States and their location, received let
ter from the Secretary of War, covering report
from the Ordnance department, BY which it appear
ed that there were, at the United States arsenal at
Washington two brass guns, reported as three
pounders and marked taken from the Germans
at Bennington, August l6, l777 - and that no
othertrophes captured on that occasion, are known
to be in the possession Of the government" Copies
ofthis correspondence, numbered from to in
elusive, are herewith communicated TO each branch
of the General Assembly.
An application 10 Congress being thus rendered
necessary, | recommend such further action as
shall be deemed appropriate TO effect the appca-
ton and render il available.
The necessity Of more e6ectual provision for
preventing the evils resulting from the practice Of
taking unlawful interest, induces me again to in
ve 10 it the attention Of the General Assembly.
Our laws have long prohibited the taking of in
terest above the rate Of six per ccntum per annum.
All the reasons which have induced the enact
ment and continuance Of the prohibition, obviously
urge its enforcement, Indeed it is urged by the
additional consideration that habitual impHnlty TO
the violation Of any law, tends to weaken the force
of all law.
If the law is to remain on the statute book, it
should not be left without adequate provision for
its enforcement. No such provision exists
The only remedy is by an action for money had
and received, goods sold and delivered, for the
recovery of the interest received unlaW fully, TO be
sustained by common law evidence of its payment
"A process which experience has abundantly
shown, can very rarely he made available. To
leave the enforcement of so important right to
the chance discovery ofthe testimony to a transact
ton, which, from its very nature, is guarded with
the profoundest secresy, is but q. mockery Of JUS
tice.
submit whether some provision should not be
made which shall give remedy better suited 10
the nature of the case-a remedy which shall find
its means Of enforcement in appeal, in some
form, TO the conscience ofthe receiver OF unlawful
interest.
Our connection with the Federal Union, whose
power reaches and deeply affects, our interests,
makes it our right and our duty, frequently to re-
view its legislation, and subject its policy, present
and prospective, to examination. This duty has
never been more imperative than at the present
moment not only on account Of the great importance
Of the questions in issue before the country, but
from consideration Of the obvious and increas-
ing tendency TO a course of Federal administration,
wholly partzan in its character, and so bent on
curing sectional ascendency, or minstering to
purposes of political ambition to lose sight, too
often, of the Just limits of constitutional power
Since the last session Of the General Assembly,
an important, step has been taken towards the an
nexation of foreign government TO Confeder-
acy. This has been done by the adoption of
joint resolution by Congress, declaring its consent
that the territory properly included in, and right
fully belonging TO, the republic of Texas, may be
erected into a new State in order that the same
may be admitted as one of the States of this IN
ion This consent is declared to be given upon
the condition that the constitution TO be formed by
the people of Texas. shall be transmitted TO The
President of the United States TO be laid fore
Congress for its lnul action on or before the first
of January next, and with provision, among 9TH
ers, that new States of convenient size and hav-
ing sufficient population may, by the consent of
said State, be formed out Of tho territory thereof
and entitled to admission under the provisions of
the Federal Constitution
To this resolution there was added another, TO
the effect that il the President should deem it most
advisable, instead Of submitting the foregoing re-
solution to the Republic of Texas, as an overture