Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1856-10-31

relating to conveyance and devises of personal
and real estate for religious purposes; by Mr..
+ Colby, to amend and alter an act authorizing
the business of banking, approved Nov. II,
1881; by Mr.. Stewart, in alteration of act
relating to the Homestead; by Mr.. Robinson
of Stowe, relating to the legal settlement Of
paupers; s~everally referred to com. on print
ing.
by Mr.. Bascomb, to lay a tax on the coun-
$ ty of Chittenden referred to members from
Chittcnden County.
BY Mr.. Powers, relating to the payment
of taxes on real estate which may be sold
after tho time for settling the same, in the
list that has expired by Mr.. Stevens Of East
Montpelier, to abolish capital punishment
by Mr.. Stacy, relating to Mechanics liens ;
s~cverally referred to committee on printing.
BiHs pdsscd.-Relating to the effect of al
tering the listers v%aluatio ms of real estate.
Relating to pounds and estrays. Relating
to articles exempt from attachment. Re-
lating to bounties for killing noxious ami
mails.
RcportS.--Of Judiciary com, against bill
relating to the exem ption of personal proper
ty from attachment aud execution the
third reading refused.
or judiciary com. against the enlargement
OF the jurisdiction of justices of the peace in
civil causes ordered to lie.
VI luulCluTN COm. III luNOT Ol tne fpsOIu-
ton protesting against the action of the
Council of C%ensors, with amendments, which
wcrn adopted.
Mr.. Merrill, in an elaborate speech, sup.
ported the resolutions, expressing his decided
and unqualified disapprobation of the action
o the late Council of Censors, rs extremely
dangerous to the best interests of the State,
and emincntly controversive to the liberties
OF the people and genius of the constitution.
Mr.. Hutchinson of Randolph thought that
the call for a convention was entirely consti-
t%utional. Some of the amendments were in
the highest degree beneficial. The c%onstitu-
tion of the State was never submitted to the
people of the State, and this direct submits
sion OF the constitution of the State, as
amended by the c%ensors, TO the action of the
State was of vital Importance.
Mr.. kittredge thought that the discussion
of the merits Of the proposed amendments
was entirely improper, and that the members
should confine them selves to the question Of
the legitimate rights, under the constitution,
OF the Council of Censors in promulgating the
call. The ordinance transcribed the rights
delegated by the constitution. The Council
of Censors, by all historical presidents, had
been advisory and not dictatorial.
ENATR-ArTERNooN
Repeatedly Mr.. Field, recommending the
printing of one thousand copies of the report
OF the State Naturalist, Augustus Young,
Esq. concurrcd in.
lily Mr.. Pierpoint, for committee on the iu-
dietary, in favor of House Bill relating to
articles exempt from attachment and execu-
ton passed in concurrence.
By Mr.. Underwood, to incorporate the
Winooski Railroad, Lime and Stone Co. re-
ierred to com. on manufactures.
by Mr., Underwood, in relation to bills of
exchange and promissory notes referred to
com. on printing.
Peinon.-By Mr.. Wilson, of David A
Murray and A others, of Geo. Atwood of
Monkton and 81 others, all praying for n
bank at ninesburgh referred to com. on
banks.
The bill relating to to the use Of iails and
prisons for the detention of fugitive slaves, was
taken up, and Mr.. Hotchkiss supported tho
bill, denying the right of the United STATE.
to use our ialls without the consent of the
State-consent which he would not give.
Mr.. Underwood opposed the bill, as being
unnecessary, and not at all lettering the con.
dition of fugitive slaves.
Mr.. Royce strongly favored the bill, tho
ohjecting that the proviso admitting fugitive
slaves to iails. when desired, to protect
them) looked like an attempt to "nullify the
fugitive slave act. lie would rather lend
the fugitive a horse than un dertake to pre-
tect him in a Jail.
Mr.. Hotchkiss, moved to amend by striking
out the proviso.
Mr.. Flint approved the bill and supported
it ut length.
OF Judiciary committee, against bill relat-
ing to trial by jury at justice courts, and the
third reading was refus- d.
Against amending chap, 80 of C. s.; and
the third reading was refused.
VI the general mmitt in favor, with
amendment, of bill relating to the regulation
OF burial grounds amendments adopted, and
bill ordered to third reading.
OF committee on roads against bill relating
TO the checking Of baggage, and tho bill
WAS dismissed.
Mr.. Klttridge moved to amend the rcsolu-
tons offered by Mr.. Merrill protesting against
the action Of the council of censors, as fol.
lows
Strike out all after "Resolvcd. :" and insert
That in the recent ordinance of the council
OF censols, calling n convention to be chosen
10y the trecmcn of the several counties in this
State to act upon their proposed amendments
to the constitution, said council have as.
sumed powers, which, in the judgment of
tins House, are. to say the least, Of do ubtful
constitutionality therefore,
RcsOArcd, further, that we earnestly recon-
mend to the convention about to assemble by
II VI saul oTullluIcH, 10 reject t1t amend
ments proposed by said council of censors.
snd thereby save the State from any Difficult
ties which might arise from their adoption.
Mr.. Bradley thought that the Legislature
OF Vermont had nothing whatever to do with
tho acts of the CensOrs, and that the consti-
tutlonallty OF their actions should be dis
GUESSED and decided in some other tribunal.
Mr., kittredge said that there was no i'm
propriety in passing resolutions expressing
the opinions of members of the House in re.
la'ion to the actions of that body. The reso-
@lutions would carry with them a moral
influence, He did not claim the right or the
propriety to instruct or dictate to that body.
lie wished only an expression of the sense
OF the House as to the doubt, at least, of the
constitutionality Of the measures of the
Council.
Mr.. Powers had no doubt of the c%onstitu.
~tionality of the ordinance. He referred to
the Constitution Of the State, and said that
there was nothing there which debarred the
Council from making such call. lie objected
strongly to the argument of Mr.. Merrill, and
said that the opinion Of Judge Williams,
winch Mr. NJ: cited, was mainly put on the
testimony OF Henry Stevens, the antiquarian,
which was about as good as the rawlings ola
spiritual medium. Without any strong pre-
objection for the amendments of Mr.. Kittredge
he should support thom as the least of two
evils.
Mr.. Stoddard doubted the constitutionalty
Of the call, lie said that the power of the
Council was mainly advisory, in no way die
tatorial. lilo supported the resolutions q
Mr.. Merrill without the amendments Of Nj.
kittredge.
Mr., Green thought that the granting the
right To the council of censors to call such
convention would be recognizing a bad prece-
dent. and he would sup,ort tho roS,Ir,;...
censuring their measures. He spoke at
length of the merits of the proposed amend,
ments Of the council.
The resolutions were ordered to lie, and to
be made the special order for tomorrow
morning at ten O'Clock. Adj.
MONTPELIER, FRIDAY, OCT. 81.
SENATE.