Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1857-11-06

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! oeeg urgod against It's perfect cunstitutionalty.
Mr Ficrppint said that reference had been made
70 lc aeuon OF Che Legislature upon the bill at former Pc
il9s ln former years. when he had served on the Ju-
dietary committee although that cnmniffro had reported
a.oaoy 20 me ill sihl hc had NJ all times been dccd-
taQ opposed 70 the measure The constitution of our
State expressly provides that all competent to be-
tried by jury, shall be so subjected II does require
any Kind Of fhair-sphting manmuvring 20 comprehend
hs expressed provision But It does demand deal of
prcverson and refinement 70 evade the constitution 1t
Is fashionable everywhere in our courts Of highest appea
down to our lowest tribunals Of Justice by lawyers, legs
aios and the people at large, to make desperate at
emp 20 oyadc The plain clear and obvious provisions
OF our constitution No matter What the subject matter
or the nature OF the involved the act that the
case shall be tried by commissioners whether the parties
are willing or not. There could not be papable
ana gross violation Of the constitution than such law
Trial by jury be denied every the whole
docket and the court has the power TO refer the case out
instead OF trying the writ the declaration and the facts
aH sworn 70 by the witnessrs the Is tried above
the truth Of the report OF the auditors account The
gentleman last up had said Of assunps 70 be
tried by the jury, but Of book TO be
reiered II made NO difference whether this distinction
Is made not There Is no moral principle Of right by
which the Senate could make this difference nndcr the
Constitution. II other States, II all the world III to
adopt such law. could make difference 10 him. He
agreed with Judge Royce, who opposed 10 such
measure substituting mutatcd trial by jury for the
good odashoncd system Of giving the right Of Trial by
Jury IN on cases whore such could properly be
tticd The Council or tcnsnrs had recommended a
change n the State Constitution for the express purpose
OF meeting such law, which proved most conclusiyely
hst as long as the present provisions OF the Constitution
exist they deemed that any such movement would be in
violation Of constitutional rights.
Mr. Cmttendcn said that he was unwilling that such
subject involving such importance, should be passed by
without thorough and critical discussion lie said that
last year when the act was passed every within his
own circle was astoushed and shocked 1t has been as
much ignored by court and bar though act had been
passed making slavery constitutional Every movement
y we9 the trial by jury was sought to be impaired was
downright reachcry, and treachcry Of the subtle
and dangerous kind lie believed that this right Of trial
by jury. handed down TO from the English constitution,
was the most sacred of all rights bequeathrd He
would wish TO be tried by biz peers sitting IN Judgment
these facts Of vital import 'cft out to referees and aud
itors 20 be reported by them. Such Of things
was contrary 10 every idea Of the right Of tra by jury
from magma churta down TO our own time. How We
find fault with the legislative action Of Congress for the
last ten years. when such a measure a. this dsgraces
he could not with the oath Of his office in his memory
vote for any measure which Is papaby in direct
tarey to the clear and obvious provision OF the consi
tuition.
On motion Of Mr. Hutchinson, the bill was ordered to
lie and be the special order for Tuesday next at half past
ten clock, a. IN. Adjourned
Prayer by the Rev. Mr.. Chambcrlin Of Craftsbury.
Petitions, &c. rcferred.-Of Hollis Town, A. b. Col
Inns and others to committee on Town Lines Remon,
STRANGE Of Royal Hatch, J. Lamphear, r. Abbott and
others to committee on Orange County shire.
Public oils infrOdNccd.-by Mr.. Marsh Of Brandon, in
addition to act Of 1886 trustees THAT act not to he
troacti'e BY Mr. Carpenter Of Readsboro relating to
crcuses, sclectlncn may permit exhibitions From
Senate. in amendment Of act to authorize business Of
banking, provisions for winding up banks under the
banking law, which have failed Il in amendment OK si
requiIng Bank Commissioner 10 report bank loans
made % persons out Of the State in relation banks,
authorizing reduction Of directors to fyo BY Mr..
latin, T., E oI,,rs ~ ,, go "''''V" " 'N' u ' s
Re'olmion.-By Mr. Marsh of Brandon, to elee, Judge
~ V'' ~ ~ " g,'ie,.'S heN,' ~ a NJ, suop.eu;
corporate Brandon Car Works, Huhbardton Battle Mon
wncnt Associations TO reduce capital Of STARK bank =
Prirate Bi1 yeicrred-senate bill to paw A. D. Col.
Inns 10 committee on Claims. BY Mr.. Brown Of Devi-
~ w. py J3i9, t9 pioNn glui or n"e improperly as
P5 N.Y. e,d ~ -. In oe h.n
on elections ana relating to election OF town representa-
ho,h j., i,,~ ~ Fi,; t. va, @ ~ - 'us.tus ~ 49,
9jC s m committee on Eenca,an In addton ~ ~,
- ~ % 70 e~plllleS ~ on huuosoh IN aad9h 10 act
49, w. i r y lam - hi tf W VvIi'''se , =, on sys anu
p@5s a. t, - " S ~ ~ Z .ts,e' =. y. S, ''e ~ oh
rn,,o O"''9' '4"'O vi "'u ''''"'n " 'e"''"' CUM
NJ ot.....1. - r,.tl--. 1T, - Al, An, >, anti,
M onnstea OF hilupoit cailed up the oul IN auai9n
,, LII 4, ~ & M @ ~ 4 "a "a ~ ~ @ i. " f ~ ~ W t9 nnuu
of AJi;s,. -, ~ ~ -, ,ha ~ i,,,a5 ~ u i n
cd 10 a tbirl readioo A''" ''u''
los,,s ,,,,,,,, ,,i NJ Cta,nh,,is;df ~ c., "a ~ tN - -
yot ", o,, ~ ,snd,rcr,s s,rlin an u ~ ,i
t .n snd adiir sn',i,, e. - ~ -, ~ is .e"s..i,s
Agyyced IN e
IN. ,,,a,,d,,o., 90 ~ S,.a,. 90 tii .,,,t ;t ~
Treasurer 10 borrow not exceeding SlO00j0 Gddso ON
A., &c. ,i ~ , @ $500 ~ .thons ,h % on
yeis tv tte at pV cent? was re'eea 10 'ne com
Tb I'm roiSS ~ ~, S,'. 80 ~ ~ i I'D in f,si
Conntv was reeerd - ,h ,l's 80 Caid @
~ ~ ~ ' a4eiiV ~ Hu ie'uueis " Saeuohie euuh-
Y, me committee On Education being discharged there
i'ri, n ~.
eelull,s'o p, 'llleaee, ,aue OF mile
~ ~ , ~ ~ s, 49, ~ ~ ',,E 81. S'.oAs M rouies
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,i Nv, > l5 ~ 80 20 80 ~ ~ - ~ ~, t Nv ss' , - a. niffii'
aJ ~ 80 ~, ~ q "a ~ ~ = -, ~ w ~ n " r,.sn-l r.i.l e.
I' 0{ Vo.e'.vu tlut .nelv , - NV "pp"'ntiy ior
''l n $1,000 ~, u, .is ~ su'ytpe oy
~, ~ ie M i MyNp'si''i i''l.s w eieeol 20
& ~ ~ ue1's m nl nc Sou,u IA ghly permit
~ 'i'.i nNi 'n eas' S,'l' ,.Ni oven '1l IN
,ecea On inat aay' aeeoInE 20 me S9nsutunoni put
'here - uNoeo, anu tns, Is Is tne nsnt Oh
@ ~, VI " ~ a Peup.e " uti lsn % as I 'lil p's :,
,ns ~ M ,bs sho,id h SdSS., e ,Sn
t ~ - ~ ~ Ia Ia s,o.'u ~ SUI, s y, unate
70 'he Oohsu"on ana 10 'he inherent I'shs o 'hepeo-
" NJ Nrsh ~ pr,n1,, ,ho,ah, !, .ha d,,, ot ,h. ~
~. ~ 80 a. 81 ~ ~ ~ IN, m W es" ~ es ..e uts ~ ny tiI uP
'vns o tts on ~ SUI" ,u.e eonsuseonSl Nv s a. autoti
-, a e'0In ~ ou i w ot VI ia 'e , 'Itsay ty n, Va
''p'Vlh"Vi' ~ N~ vt.' , lAN ~ sum suu'liy ee'e, AZ
Is "vemp'u 20 Nhu ~ ul ehsuuetioh anu analogy nHe-
nihs lhe rat iuy'uly ul NePt !" ual ~ court lherc
Is no Ahalpgy ih' ,ehsuuoN requires tne rePIesth-
'"lte7 " PC CHOSEN aoh .hat uas, Implying uA' the
NoiA must ve ophpleeu - 10 p'ee,ueht Nhe cry as,
one at 'he last leAtraJ session. was that MI hai"oo9
OF hupetcoulu not nave seat because ne was elected
III seIuaiyi anu not on ihe hiSl 9esuay IN Sepr ne
Nouu prefer II II ihe u oroiu apsoiu,ey an eeouon az
Yer INC lst tuesday IN sept As TO expectancy SOBER,
honest od men ana the nhm gooa men, eAnhot DC kept
AZ me pos through the nigh ana as natteI oi course
elections nladf nef mldnisht W oe niaue p1 mihonv
OF ,hs peope' "4a tnA, n''2s o SSinposs' % ss oss.
men ia lpWn; NV ny tue iy1n{ sou,o l isns,, as
Neu ~ w nn,il( nc ''li'i " @ ''.tn3 ne,nvel' m 80
epc'.u % uY anNl - Aa Wy, .enus hs " IN IN
pau ne nlN OF "lsStons anu o,eIiias 's s.s y. 'le W
lNNollN towns VIII ~ uhi'fieSe''so '"eef 'hah o1
mn.fepTe eptcd