Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1847-10-22
the following joint canvassing committee on the


, part of the Senate
Senators Mead, Morse, Fox. Hilton, Stewart
Kidder, Ferguson Robinson, Becman, Mattocks.
. Hubbard, White, Harrington, Miner who were
elected and sworn.
Join Reso7utions BY Mr.. Hibbard that the
Secretary of the Senate and Clerk of the House
procure TO be published 600 copies of Legisla-
tive Directory for the Use of both houses adopt
ed. BY Mr.. Cushman, that the Joint rules of the
last session, be the rules of the present, until
otherwise ordered adopted. By Mr. Kimbal,
that both Houses meet in Joint Assembly at 3
o'clock this afternoon TO hear the report of the
joint canvassng committee laid on the table on
motion of Mr.. Foster, suggested that the Senate
had not yet been notified of the organization of
the House.
Resoluion-By Mr. Brownell, that the Pres-
dent, Secretaries, and each Senator be furnished
with one weekly, and one daily newspaper, pub
lished in Montpelier. such as each shall desir-
nate On motion of Mr.. Harrington laid on the
table.
MIR. Burton moved that when the Senate adj
Journed, 1t be to meet at o'clock in the alter
noon; carried.
On motion of Mr.. Miner the Senate adjourned
HOUSE.
AT ten o'clock A. NJ: the members elect ofthe
House were called TO order by ]. Nc NJ. SHAT
ing been called the members were sworn.
Mr.. Converse moved that Mr.. Adams Of An
dover be admitted to a seat without producing
his credentials agreed to.
The Secretary informed the House that Messrs
Ross of Clarendon (whg) and Plimpton of
Wardsboro' (democra) had presented creden-
tials signed by the torn clerks of those towns,
in the absence of the constable and selectmcn,
which papers the Secretary could not receive,
as they were not signed by an officer authorized
by law.
Mr.. Foot moved to admit both gentlemen TO
seats, there being no doubt of their election
though not strictly in form, owing to attempts
to prevent an election. This should not be
be party question !; but for one he would lrown
down such attempts at Disqualification, come
whence or where they might.
the chair decided that the motion was not in
order. at this time-makng this decision in order
to raise the question for decision by the House !;
which decision was reversed by the House on
an appeal
The question then REQUIRED on the motion of
Mr. Foot
Mr.. Converse had doubts as to the proprctv
of this proceeding it might preclude subsequent
action by the House. He understood that one
of these cases at least was contested lie pro-
posed to lay the motion upon the table.
| Mr. Rice believed that an admission of these
gentlemen would not prevent future action. If
good cause should be shown. He confirmed the
statement of Mr. Foot, that so far as Wardsboro'
is concerned, the attempt to prevent an election
was an unlawful one.
Mr.. Walker deprecated haste-a wrong pre-
cedent may be established Town clerks have
no authority to give credentials. and the House
should be SLOW in countenancng such papers as
evidence.
Mr.. Kiitredge of Fairhaven expressed similar
views.
Mr.. Goodhua said there was testimony from
> the legal presiding officer of Wardsboro' show
ing that the election Of Mr. pmpton wts made
after motion 10 dissolve the meeting had been
carried by vote of two TO one.
MIR. Rice of Somerset remarked that unani-
nous consent is required to dissolve.
Mr.. Sprague suggested that if nothing was to
be gained politically in deciding this question
now, so there would nothing be lost by delay
This question should be decided right--accor-
ding 10 law,-and there must be time taken for
this.
Mr.. Sabin said lie could not act upon ex parte
or incomplete statements of facts the truth must
be elected by full and fair invest CATION. He
was for laying the motion upon the table.
Mr. Lyman thought the present time propi-
! tious for establishing a precedent-and in hi
opinion good prccedent-in the admission o
members upon such credentials. Il is true the
credentials are imperfect; still they are stron.
: prina facie evidence OF the fair election-strong
D er than the common report, upoh the strength o
e which the gentleman from Andover had alreadl
n been admitted. To refuse admission, would b
: to establish bad precedent, and to encourage
II attempts to prevent elections.
u Mr.. kittredge of Farhayen said the certlii
! Gates were not simply imperiect-they are NJ
II certificates at all. Now to receive members mp
g OH such papers. would be to hold ont induce
mends for frauds in the return of members.
Mr.. Sibin euluiried whether this time wou
be considered propitious by all, if the applicant
happened to be both Wings. He objected to es
tabshing precedent TO encourage fraud.
MIR Converse said that both the Law and tn
"a facts must be examined and decided and thong
y. the gentlemen from Rutland and Buringtu
n may be prepared to act now he confessed tina
he was not Here was Il question whether tn
House could set aside the law as to the certify
inc officer, and whether a meeting can be d.
=, solved besides all the matters of fact essentia
10 a correct decision. He was ready, it tn
Is House pleased, TO lay aside all other bushes
I" until this question should b: decided; but h
IL could not act without time.
Mr., Lyman cited AS precedents the admlsslo
~ of Mr.. Still hen of St. Adams and Mr. llcwes
~ Glastonbury, on a former occasion, upon certii
~ Gates signed by town clerks.
e Mr. Needham did not agree to the opnic
that admission now could be final decision
these cases. If admitted, it must be bccau'
the gentlemen present prima tacie evidence 81
in their case, as with every member. their rls
w. to seats may be contested and all the fac
~ ELECTED in committee.
,' Mr.. Goodhue further stated that testimony hi
W been taken, tending to show that the fraud
the Wardsboro' case was on the part OF the r
" turned members friends.
Mr.. Ncedham deemed this fact "A proper OF
no hereafter for the committee of elections but
he more an objection to Mr.. Plimpton than 1t won
be to any other member.
ro- Mr.. Adams of Milton suggested that il I
Sl,- sorts of certificates received, the House IN
On, hereafter find more than one representative ire
nth some towns. lie thought the only safe way W
ny to turn over these matters to the committee
elections.
The motion to lay upon the table WAS neg
lived ll3 To II, and the motion of Mr.. Foot "
then agreed to-when Messrs Phmpton a
led Ross appeared and were sworn, u.
wv The House was then directed to tie eIectl
cd. of Speaker
of Solomon Foot Of Rutland was nominated
fol- Mr.. kittredue of Fairhaven WHY'S Lyman
Burlington, by Mr. Rice of Somerset ana .
ratio Needham of Bristol, by Mr.. French OF ="
sion.
,ec. Tho b,lIot resulted as follows