Litchfield enquirer., 1849-06-07
Division Of LitchfieId County.

W e"1eT He peEtttON az oecTFt0ryS w.
flee.
Mr.. Dutton from the committee ON iu-
dietary, on the petition of L. B. Lacey
and others respecting the division of
Lltchheld County, reported that the pc
titioners be allowed to enter their petition
at Secretary's Office and that the peti
ton be continued to the next General
Assembly, and that public notice be
given prior to first Monday of October
to towns concerned.
Mr.. Bacon opposed the resolution be-
cause the petitioners had not yet pro-
ceeded according to the Statute, and in
case Of such importance he thought they
should proceed legally.
Mr.. Dutton advocated the resolution
ON the ground of the varied questions
that would arise affecting the interest and
! policy of the whole State, he therefore
wished the petition to be entered, but
that all the notice that could be given
should be given to all the towns concer-
ned within and out of the proposed new
county. He did rot commit himself in
favor of the new county or against it, but
he thought the same privileges should be
granted to the petitioners in this case, as
in SO many others.
MIR. Bacon thought the petitioners were
too late and therefore no favor should be
granted them. The petition was of an
adversary character and the petitioners
should proceed according to law. They
have failed to offer their petition in le-
gal way, in two particulars they have
not entered it in season and have not
given notice. The petition came here
the third week Of the session after the
members had returned from their con-
situations with their constituents, and
there is no opportunity given to ascertain
their wishes. There is no reason why
these petitioners should be allowed to vi
'olate the Statute, especially when such
great interests are inv. lived no reason
WHY the legislature should allow double
violation OF the Statute, petition not en-
tered in season and NO notice given to
those opposed.
Mr.. button said that the Legislature
always receives petitions and allow them
to be entered whom delay is owing to mis-
take, and such was the reason in the pres
ent case.
Mr. johnson cnquired if the commit
tee were unanimous in their ioport and
whether the chairman of the House, (Mr.
Seymour Of Litclitield) had not conceded
with the other members.
Mr. button replied that the commit
tee were not unanimous though large
majority approved Of the report.
MIR. johnson remarked that he coin
cided with the chat. man of the commit
tee ON judiciary i'll the report, and
Thought the Senator froa the fifteenth
was rather opposing the petition itself
than Its reference. The reason why no.
tiee was not given to adverse parties,
was that no'such notice could be given.
Who are the adverse parties? What
towns and what individuals? Notice
could not be given. The petitioners are
satisfied witt. the mode of notice requir-
cd by the committee. This is one of
those cases which must be referred from
one assembly to another,-it cannot be
decided upon at its proposition, -and
such reference the resolution proposes,
and such is the only mode of ascertain
ing who are adverse parties. The reso-
luton gives all the notice. that can be
required by any one.
Mr.. Wright remarked that the Sen
ator from the ffteeath opposed the res
olution on the grouads, that the petition
had act beeR catered, and that no notice
had been given; to ascertain these points
the petition had been referred to the
committee on the Judiciary. They re-
port that the non entering of the petit
tiOn was mistake, arising from delay
not under the control of the petitioners.
No advantage ought to be taken If
mere mistake. The Senate ought to
consider the petition as duly entered ac-
cording TO law. Respecting notice
what is proper notice ? to whom shall
the notice be sent ? who are the respon-
dents? If you select towns or individ-
aals, how do you know they are not in
favor Of the petition There. are no re-
spondents; no one knows what the feel
ings of either towns or individuals are,
hence no statute is violated. Therefore,
an order of notice ought to be made by
the Legislature; and all such petitions
should always be referred to the next
Legislature and notice similar to that
proposed IN the resolution always given.
If order of notice is not provided by
statute, the Legislature should provide
1t, and here is case proper for the ac
ton Of the Legislature.
Mr.. Bacon replied. 1 have been asked
what notice would be legal. Ishall not
assist the gentlemen. l can say what
notice is not legal. 1t cannot be legal
to smuggle petition into the Legisla-
ture in the manner this has been, with
out dine entry in the Secretary's Office.
and without adverse notice. But if the