Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1845-10-30

u
quisite to holding and conveying real estate. The
question was ably argued in the other House. by
counsel for the petitioners, and the conclusion, al
most unanimously arrived at was, that the logisla-
ture had not the power to grant the prayer Of the
petitioners Since that time to be sure special
acts have been passed which seemed to recognize
the existence Of such n right. But he apprehended
that these acts had not been considered with the
cautious deliberation the subject demanded. Their
inexpedloncy alone, to say nothing of their uncon-
sttutionallty ought to be sufficient to deter us from
regarding them precedents. 1t was repugnant
to our national policy, and would especially prove
dangerous In season of war. In the consideration
of these applications, let this principle be adopted,
and infexibly adhered to- Let well advised and
settled precedent be established which shall here
after invariably regulate our action upon this sub
ect
| Mr. ]. Barrett observed, that being member of
the Judiciary committee, it might be proper for
him TO say a word upon the subject, and particu-
lary in reference TO an act passed last year.
Charles Miller, individual whose farm was stu
ated very near the Canada line and in the former
fluctuations of that line, sometimes proved to be
upon the one side and sometimes upon the other at
the last session made an application similar in char
actcr to that under consideration His case was
peculiar one. BY the recently established line
portion Of his farm became tho territory of Yer
mont, and individuals were constantly trespassing
upon it, with no remedy upon his part against the
! injury. This consideration moved the committee
of last year to report in favor Of the appication.-
But since, he had given the subject maturer rcfec-
ton, and satisfied that the Legislature had no
power to grant such application in any case
whatever Section thrty-nine of our State Con-
stuton prescribes the manner in which aliens may
acquire and hold land. An oath of allegiance is
therein made indispensaby necessary. This clause
has never been abrogated it exists in as full
force ever. The right to hold real estate can
be acquired IN other manner than in that which
the section referred to points OUT in accordance
with the familiar principle that a specific provision
excludes any mode of action different from that it
designates. He was clear upon the constitutional
question: and would waive, as unnecessary, all en-
Quiry into expedency of granting the object sought
for.
The third reading of the bill was refused
1 Mr. Villas also presented report from the same
committee, against the petition of William Herrick,
of similar character; petitioner had leave to with
draw.
Mr. Richardson from the committee on Manufac-
lures, reported in favor of the bill Incorporating the
Burlington Mill Company, with amendment, placing
the bill under the control of future legislatures
amendment adopted, and the bill was ordered TO
third reading.
Bills Introduced. By Mr. j. Barrett, to establish
the Green Nj )untain Hospital at Woodstock re-
ferrcd TO the committee on Education. BY MIR
Smith, to alter the name of Howard Parker John
son of Randolph; referred to the Judiciary COM
mitee.
Engrossed Bill Relating to the laying out of
highways, in addition to chapter 20 of r. s. pass
ed.
Mr. Morgan moved 10 reconsider the vote incor-
porating the Wnooski Mill Company; supported
by Messrs Winn and Villas, opposed by Mr. j. Bar
rett, and carried. The bill was laid on the table.
The Senate went into joint assembly.
On returning, the Senate resolved itself into COM
mttee of the whole upon the School Bill. The
question first arising upon the allowance of the
County Superintendent the sum of 81 per diem
including expenses, was the rate fixed upon, with
! out debate-wth provision that the whole annual
amount of compensation should not exceed 5000.
Mr. Sabin moved to amend the bill by providing
that it shall take effect from its passage; carried.
No other amendments having been presented, the
committee rose and reported the bill. The amend
ments proposed by the committee were severally
adopted by the Senate, without debate except upon
/, motion of Mr. Moves to increase the salary of the
State Superintendent to $780, This motion was
supported by Messrs Noyes, Bradley, r. II. Barrett,
and Richardson, upon the ground Of the impossi-
/ bility of procuring men of competent talent and
learning to discharge the duties of the office for so
= small u compensation, and Messrs Smith, Onion,
. Woodbury. and Morgan opposed it because the re-
muneraton was, in their conception, ample, in con-
sideration of the services required to be rendered
e If it proved to be otherwise, future Legislatures
b could increase it. The motion was lost, and the
d salary of 5000 was established On motion of Mr.
table. Adjourned.
HOUSE.
Prayer by Rev. Mr. Manser.
:; Nessrs Fay of Richmond and Mason of Sheldon
obtained leave Of absence for the remainder Of the
session.
i Bill Introduced BY Mr. Hammond, in addition
= to chap As r S; referred to the Judiciary commit
tee. BY Mr. Danforth relating to sessions Of the
! supreme court, Ito be holden annually in only one
y place in each judicial district, and in different
u ties in rotation;) referred to the Judiciary commit
tee. BY Mr. Fairbanks, to incorporate the Northern
Extension Rail road from the west bank of the
Z Connecticut at the mouth of White River, to the
q Central railroad j referred to the committee on
{ roads, BY Mr. Rice, relating to the punishment of
capital crimes, Substituting Imprisonment for life in
place of capital punshment;) referred to the Gen
: eral committee. BY Mr. Thomas, relating to banks
blanks not to their re charters unless all their
capital stock is paid in, in gold and silver, and fix
J. ing interest on loans to the State at l2 per cent
: referred to the committee on banks by Mr. Jones,
o to pay Lewis N. Flint; referred to committee of
i Claims. By Mr. Swift, in amendment Of the act in
cooperating the village of Middlebury; referred to
u General committee. BY the same, relative to sub
sequent attaching creditors; referred to Judiciary
: committee. By Mr. Jones, to extend the Bank of
i Orange county, except for the purpose Of issuing
/ bills; referred to the committee on Banks
8 Petitions REFERRED OF Robert Wesselhoef, and
70 Others ITO charter the Batteboro Hydropathic
taDllSnment,) 10 judiciary committee OF refer w.
}, Dean, to committee on Banks of A. q. Dana and
d others, to committee on Education.
x Resolution. To adjourn without day on Friday
e morning next, 6 A. NJ; laid on the table.
'e Senate Bills. In addition TO chapter "A r. S.,
of pedlers referred to Judiciary committee. In a.
mendment of chapter l07 r. s., of salaries and
fees referred to committee of Ways and Means.
To restore John w Staples TO his legal privileges
4 referred to Judiciary committee. Altering the
y name of Seymour l. Stafford; referred to General
lr committee. To establish a hospital at Castleton
IL referred to committee on Education.
lie The Senate came in and the following appoint
IN ments were made:
i'll SUPREME COURT.
t. CHS X WILLIAMS, Chief Justice Unanimously
Il, Stephen Royce LIST assistant Justice g
r. Isaac Il Redfeld, I'd "
r. For the third assistant justice Senator Bradley