Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1851-11-14
Editorial Correspondence.
MONTPELIER. Nov. ), 1851.

Editorial Correspondence.
NO. XII.
MONTpELIER. Nov. ), 1851
\ very interesting and ably conducted de-
bate arose in the House, yesterday, on the Bill
in relation 10 the right and competency of Wit
ncsses. The main feature of the bill is the
provision that no witness shall be excluded
from tostifying on account Of his peculiar re
gious belief. The religious test" as it is call
cd, has been abolished, believe in some ten
or twelve States in the Union, anil greatly
anchoraed in Great Britain mot abolished, as
the Daily Journal enormously represents Mr..
KELLOGG as SAYING. There certainly appears
to be no good reason why the credibity of
witness should be affected by his theoretic i,
or herctcal, opinions in matters of faith, nor
why the question Of credebility should not be
left with the Court or Jury, to be determined on
It's intrinsic and cxtrinsic character and rcla-
tons. even wish the bill had gone farther
and permitted parties, in all cases, to testify
| believe truth and Justice would be much more
likely to be reached, as general thing, if this
were the case. Judges and Juries, in this Coun-
try, are quite apt to be men competent to de-
tcct the truth amid the confusion of conflicting
and contradictory statements. Everything that
makes up litigation, theretore,-the disputes Of
principals, their understandings and msunder-
standings, the bias, the coloring, of interested
or dlsnterestcd witnesses, might be safely left
with the enlightened judgment and dscrimi-
nation of our Courts and Jurlcs. Justice would,
in my opinion, be more often ttaincd,-litiga-
ton diminished, and "the good cause of the
worlds better future" advanced. So, at least,
it seems to me. Let the penalty for perjury be
made as severe and certain as possible,-no
man cares hoC severe,-but, in any given case,
take the testimony of all mhO htow anything
about 1t, and who are of ''mcns sana IN corpore
Sano," or, in other words, competent to see,
hear and relate.
In excluding tests, the bill excerpts, as it
ought to do, persons who have been convicted
Of perjury or subornation of perjury. At least
30 understand, for have not seen it,
The debate in the House, yesterday, was
principally carried on by Messrs. KELLOGG, of
Benson, GRANDEr, of Nergenncs, DAVIS, of
Danville, SABIN, of Georgia, EvERTs, of Rut-
land, and ADAMS, of Milton, IN favor of the bill,
and Mcssrs. BARRETT, af Mlddlebury, PACKER,
of Mount Holly, and GILBERT, of Pittsford, in
opposition.
The effort of Mr. KELLOGG is universally
conceded to have been a very able and con-
elusive vindcation Of the principle and policy
Of the bill. had not the pleasure to listen to
it, but my acquaintance with the cultivated and
clear-mndcd orator leaves me no room to
doubt that his speech came quite up to the
commentators it received.
Mr.. GRANpEr's argument, also, is spoken of
as being exceedingly creditabc to that gentle
man.
On taking the vote, the third reading Of the
bill was ordered, by u vote of lGi to 81.
To-day, the great Railroad debate Of the
Session commenced in the House. | refer tc
the Bill reported favorably in both Houses
granting further privileges, to the ST. Lawrence
and Atlantic Railroad Company, in respect OF
the location of their Road through the North
eastern portion of Vermont. A strenuous and
spirited opposition is made to this bill, founded
upon It's proposed new location. Mr.. STAG 7
our own able and indetatigable Representative
offered this morning, an amendment to the bll
reported by the Committee, giving to Commits
sioners to be appointed by the Supreme Cour
authority to determine the location of the road
through our State. The fate of this amend
ment is the fate Of the bill. Whether it vii
be adopted, or not, am unable to predict.
A Bill erecting the Y lliuge Of Burlington in
to GIN is before the Legislature. That i
f will pass both Houses have no sort of doubt
and congratulate Burlington on this pleasin!
; prospect Burlington ought to be Il City, 70
, her own comfort, convenience and reputation
and doubt not the great majority Of her vo
tiers will accept any reasonable charter tina
the Legislature may offer for ler acceptance.
BY the way; rather amusing slip of tin
tongue occurred, in the debate in the House
Yesterday, Oh the Witnesses Bill. E'der PACK
Err, the Representative of Mount Holly, wh
is opposed to the bill, and who has long beer
a worthy exhorter in the religious assembagc
of his denomination, addressed the House, il
the warmth of debate, as ''my hearers" am
''my dear friends, much to the amusement o
the grave legislative body of which he Is
member. The topic was certainly religion
one, in some of its aspects, and the respectful
! Mount Holly representative was entirely eX
= cusable for installing the House for confer
a encc mecting,-the members from Vergenne'
e Rutland, Swanton, Burlington, Orwell, Castle
d ton and Fairfield looking "hG very picture" c
so er-Sooad houghtedcsS. {.