The northern galaxy. [volume] (Middlebury, Vt.) 1844-1848, 1845-12-02


Melted. and in the process OF delivery TO tn
Sbe,ifTs for distributions, and. of course
thai even if corrected. it could not have beef
made available TO the State in the way con
templated in the Resoluiit under which
was OVERWHELMINGLY, its publication will
the laws ofthe last session.
The truth is, it was the duty of Mr. Samp
son TO prepare an inder-not a defective one
but an inder fit to be pubiiShed-iu sucl
season that il might have been placed in thu
hands OF the printer by the first of December
Having failed to do this, he failed TO do thu
duty which, by accepting the appointment
he contracted TO perform. And, having thus
failed, | am unable TO see on what principle
applicable to the ordinary affairs OF life, ht
can be entitled TO compensation how, in
deed, he is more entitled to it than one would
be who having engaged to furnish the arii-
Gle of manufacture by given time, furnished
defective one, uuadapted TO the purposes
! offs construction.
But Mr. Sampson claims that. having per-
formed labor, under an Executive appoint
meut, it is hard for him to lose it. and that
| he needs compensation for it. But the ques-
ton is not one of necessity, but one of princi-
pie mot whether labor was performed but
whether it was worth any thing,-not wheth-
er the article, which was the product Of that
labor, could have been reproduced in more
perfect form at some subsequent time, but
whether it could have been reproduced with
iu the time when ii must have been forthcom-
ing in a state Of reasonable perfection, in or
der TO have served the purpose ofthe Leg:sla-
ture in providing for it.
Pressed by this view of the matter, Mr..
Sampson has even conicnded that though the
index might have been imperfect, and could
not have been made otherwise in season for
publication with the laws Of last year, yet
that it should, Ito use the language of his let
ter TO me of The 5ih Of FEBRUARY lasi,) have
been .'sent back for correction and shave
rested until 1S45 for the action of the Legs
lature, as ito continue his language) the pro-
viso says,-iu case it shall not delay the print
ing of The laws more than ten days-plainly
implying, (sill to continue his languase,)
that there might not be time, and then the in
dex need not he published"
Such has been Mr.. SIMPSONS reasoning
on the suhject-rensoning as defective as was
the index he sent me for publication.
admit that made mistake i'll appoint
ing him 10 the service in question-though it
was done on " hat deemed satisfactory
recommendation but | cannot admit that
he is Untitled TO compensation Tor the work
acknowledged 10 be worthless, or that he
could Justly claim 10 lie allowed uutl the
present session Of the Legislature to make it
what it should be.
For the reasons thus stated, feel constrain
ed to perform the unpleasant duty of declin-
ing TO approve and sign the bill allowing MIR.
Sampson sixty dollars for the service in ques-
ton, and TO return it TO House Of Represen-
taives for their reconsideration. | need
hardly say that feel no little embarrassment
in the performance of this duty, because the
exercise Of the power Of thus returning bills
places the Chief Magistrate in position OF
conflict with the representatives of the peo-
pie. | should feel an additional embarass-
mcnt fiom the consideration that my own
agency has been concerned in the transaction
in question. had not understood that the
Commute. of Claims in both Houses have
especially exhonerated me from all blame in
this matter. am LET therefore, to the consider
alton of the simple question of the justice of
the claim,io which am asked 10 give the sane
ton of my approval. On this point | have,
with perfect freedom. and yet with perfect
respect for the General Assembly, expressed
the convictions of my own judgment, and the
grounds Of them.
! will only add that perform this act with
the less reluctance. because it still leaves the
bill within the control of bare maJorities OF
the Senate and House Representatives, with
whom | am very happy to be permitted TO
leave the responsibility of giving the effect
of law to an act which my own judgment can
not approve. WILLIAM SLADE'
Nov. 5, 1915.