Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1849-11-01

/ and only one, constitutional mode of making
rules for the joint assembly. Let these gentle.
men apply to the proper tribunal-to the Senate
and House in their conslitu.onally distinct le-
gisatve capacity, for that purpose
Mr. Cree called for the reading OF the resolu-
ton constituting the joint Assembly and from
the reading it appeared that the purpose of the
JOINT assembly is "to confirm county nomina
tons" Mr. Cree queried whether the joint as
sembIy had the power, under the resolution, to
elect.
The Chair said the resolution was in the form
adopted in late years. and the practical construc-
tion mas been, and must be, that the Joint
ply Can elect. lfthis construction is not admssa-
BILE, then there is no constitutional Joint Assem-
bly,.
Mr. Hatch moved to have the protest read for
the information of the joint assembly.
The Chair THE paper is not in the posses
sion OF The joint assembly.
Mr. Hatch Let the Senator from Orange
present it.
The Chairs He has proposed to do so-the
Cbair has ruled it out of order-and the only
question before the joint assembly is, whether
that decision shall stand as the decision Of this
assembly. Another motion to admit the paper
is therefore necessarily inadmlssable.
Mr. Smith of Weston conceded that the Joint
assembly is not Legislative body still it is,9or
]
liberate-not ruminate; and if members ore to
deliberate, he thought they ought also to be per-
mitted to interchange their views The Senate
of the U. S. has the duty of confirming nomina-
tons and in that body, this duty carries with it
the right of debate.
MIR Cotton said a nice distinction seemed to
be drawn between inquiry, or dellberation, and
debate: still he could illustrate it according to
his own idea of the matter; and he did so by
| ho1v hav a sDpcIHc Of
making mere election, with n freenan's meet
| ing. As in the latter the constable's duty was
simply to direct the ireemen to an election, so in
this instance such was the duty of the President
of this body: and in the freeman's meeting
no formal debate could be admissible, $50 must
it be in this body.
MI Rice of s. again spoke to the question,
upon grounds already stated In the course
of his remarks the char intimated that he was
travelling out of the question; bat the joint as
semby voted TO let him proceed, without refer
ence 10 the strict rules of order.
Mr. Mattocks admitted that the right of petit
ton and remonstrance does not apply 10 this 4
sembly; but by the spirit Of the constitution the
same rights should be extended to this body.
There is certainly no rule of this body prohibit
ing; and in the absence of all rule, he would
adopt the spirit of the constitution.
Mr Hubbell said that this was a case neither
for petitions nor circumstances. Two questions
are presented: first whether elections are mat
tiers of debate; and second whether the joint
assembly is to he forced into elections without
good reasons therefor. the protest controverted
these positions; and the question is, will you
ceive the protest? Whether the reception of
that paper could be insisted on a constu-
tonal right or pot, he did not deem 1t necessary
to say, but he believed the JOINT assembly had
right 10 receive it. 1t would at least be courte-
Gus to do so and he would do it.
Mr. Williams said that the privilege Of permit
ting members 10 record reasons for their votes is
a special privilege, derived from the rule of the
House of Lords of England and is not right
necessarily or even customarily incident TO legis-
latvc or deiberatve bodies. AS by our consi-
tuition this privilege is granted TO the General
Assembly only, and not to this body, he felt
bound to sustain the decision Of the chair.
The question was then put, and by ayes 132
to nays SS, the decision of the chair was affirm
ed by the joint assembly.
The following appointments were made:
Chitfendem County.
Truman GsIush" Assistant Judges the County Court
5. ". TAYLOR Burlington, Sheriff
WIN. s. Wood, Wesord, Hgh BaiGE
Hector Adams, Milton, States Attorney.
Charles Adams, Burlington, Judge Of Probate
Israel p Richardson, Isaac Dow, Samuel H. Peasee, 1,
Commissioners.
Nominations were presented for Caledonia
county. Mr. Mouton moved to recommit them,
Us the Wing members desired to present addi-
tional candidates. The Chair remarked
that by the rule it was required that all nonina-
lions be presented in county convention: still it
was the right of any member of the joint assem-
bly, to cali for ballot on any election, and to
name such candidate as he pleased-this right
springing from the Constitution itself, and being
therefore superior to rule. On this ground Sen
! ators Parker and Thomas and Mr. Mattocks were
opposed to reconmiItng, preferrlng TO have open
, fight IN the joint assembly. But the nomlna-
tons were reconmitted- 1873, noes rs.
The joint assembly adjourned to Tuesday
next, 3 ? M, and at nearly l o'clock 7 NJ, the
Senate withdrew, and The House adjourned