Green-Mountain freeman. [volume] (Montpelier, Vt.) 1844-1884, 1857-10-29

Rep0rfS.-by committee unoet WV
Joint rule, that it would DO unfair to deiude tne
lroouois Indians with any hope OF reward 'hiS 4
wear but that a candid hearing shall ne given
them at some more favorable time, by com
mttee on education, bill in amendment oil reg,
stry act of 1856. and it was ordered 70 tn'ra
reading. By select committee, laying tax On
Essex county, ordered to third reading; ny
judiciary committee, bill relating to villages
(extending sections 5. 81, and Y, chap'ef
50 of compiled statutes to incorporate villages y
ordered to u third reading.
Public bills referred.-To tax dogs; 10 COM
n,ittee of ways and means Relative to deten,
ton Of beasts taken doing damage; to general
committee. Repeating certain sections Oh
chapter &c of compiled statutes. to judiciary
committee.
Bills passed-Repealing all acts for the in
spection of hops. Extending time Tor com
mencing business by the bank OF Poultney
Senate bill relating to suits before justices oil
the peace.
Mr. Barnard of Chittenden moved to recon-
slider the vote OF yesterday passing bhl to IN
corporate the Mutual Bank and in order to
act on this motion, the Senate was requested to
return the bill.
The Speaker appointed the following select
committee
On plan of State House, 3c.-Messrs Walk
er of Clarendon, Howe of MOI thGed, Brigham
of Bakersfield.
On petition of hhamer Smj,A and others
Messrs Prindle of Waitsfeld, Needham Of
Hartford. Wicker of Ferrisburgh, Lynde of
Guil1ford, Farrand of Fairfield.
Mr.. Marsh of Brandon called up the bill re
pealing the judiciary act Of last year, and
1thn - bo IL. tLo al fOr
A. NJ Tuesday next
Mr~Merri4 of Montpelier. said. the act of
last year is to take effect on the lst Of Noven-
Der, and he objected to 80 long postP!oncm,ent.
Mr.. Stewart of Middlebury also objected to
the delay. There is now time for discussion
Mr.. Marsh Of Brandon thought one day would
be enough for debate. lie varied the time, to-
TO morrow.
Mr. Bradley of Brattleboro' said the House
is tolerably full now. and he would begin at
once and see how the House feels about the bill.
Mr. Merrill Of Montpelier interposed mo-
ton to dismiss the bill. Mr.. NJ. eaid that the
= Old system of Vermont, borrowed from Eng
land and adopted by the U. s. Government, was
that of Circuit Courts held by judges of the
Supreme Court, and a court OF appeals consti
tuted Of the same judges in one body. The
change was made in Vermont few years ago
for temporary purpose, to clear the docket Of
some of the counties. The old and eminent
judges, Prentss, Phelps and Others, were op
posed to that change for reasons Of great weight
such as ought now to induce the House to DIS
miss the bill. Vermont is q small State, and
does not require nm independent circuit system
such as may be indispensable in large States.
The act of last year. and of l849, (which
last year act repeats were read.
Mr.. Bradley Of Brattleboro' proceeded to
state the difference in the two systems Under
the old system, the judges sit in the County
and Supreme Courts, when they hear and con-
slider both the testimony and the law. Under
The new system of lS47, one judge hears tho
, testimony, and another the law. Under the
old system, the judges must have knowledge
both of theory and practice and not only in
his own court, but in all courts in the State
, inasmuch as all the judges must consult each
other. Such judges are good judges, and the
aw under them becomes systematzed and reli-
, able each judge in the county court having a
, knowledge of the decisions of the Supreme
Court elsewhere, of which he Isl member -
, Under the system which this law repeals, you
may as well 20 TO Rhode Island for law, as tc
t the judges. The old system edoca,es the judges
. in theory and practice: the new system divor
ces theory and practice, and cuts the judges of
t iyom improvement. For years he had beer
8 hoping to get back to the good old systcm-
The change of lS49 was an experiment, and in
{ his opinion it has not succeeded it has mo-
n improved the judges who would have improved
o under the old system The circuit Judges hav,
/, had no opportunity to study law; and the gu
preme judges no opportunity to study human
f nature Let US go back to where our father
4 were-where nearly all the States are-and t
where principles dictate
!, Mr. Marsh of Brandon felt hut little persona
: interest in this hlll but he had preference
and he thought the people of his county had
: Tor the system Of 1919 1t has been tried eigh,
= years and gwen general satisfaction 50 far Al
n his experience goes 1t is proposed now to re
peal the act of 1855, which rcpeals the act o
: lo49 and majorityof the Judiciary commit
Q tee have rep rted against it.: he hoped the mi
nority would be- heard from. Mr. NJ. said h
j. dlslkeI motions to dismiss, but as the Question
: comes in This form, be would meet it. The biz
OF last year was thoroughly discussed for
O week, and rejected ones but after the Judge,
= were elected, and because some gentlemen from
Windsor County were dissatisfied with thei
judge the gentleman from W oodstock chang g,
his ground entirely, and supported the bill, an.
: it was passed Mr. M. was then in favor o
10 the district system, and he is in favor of it now
= The Judges ought not to sit in both the Count,
y and Supreme courts, in his judgment: the Su
. preme court should be distinct to insure Impair
J TALLY. He wanted divorce from imprope
interests. The act Of last year does indeed at
: tempt to secure this in degree; but alter all
. the opinions Of Judge in the court below will
10 have an Influence on his associates 10 the Su
l. preme Court. He did not agree to the sug
y geston of MIR. Bradley that the judges of TIN
+ Supreme court, acting indepently, cannot un
% derstand the cases; they have the facts in ever
IL case made up for them. He could not see tn
l. the force of the argument drawn from Eng
lish practice, and some evidence to show that i
u is adapted to Vermont, and better than the sys
l. TEN Of lS49.
+ Mr.. Stewart of Middlebury remarked lha
y the attack on The gentleman from Woodstoc
n (last year, was as well due to tho gentema
IL who last year represented Fairhaven.
~ MIR. Pierpoint of Rutland gave jrief state
:. mont Of the different systems from the begin
,e ming and Mr.. Merrill of NJ called attentio
II II 10 the fact that by last years act, every iudg
- of the Supreme Court is forbidden to sit /
u cases tried BY him in the court below Adj.
q AFTERNOON.
n. SrsArE,--The chair announced as the selec
n committee on hill to establish two shire town
v. in Orange Connty-Mcssrs Royce, Chittenden
10 Bates. 4 so. AS select committee ON bill relal
d ing 70 tle trail, in intox icating liquors
N Meesrs. Wead, Jones, Raymond
Or Resolution BY Mr.. Field that the resolu
s. tion referring bills of public nature to tn
L. e,mnitee on printing shall not be construed u
IN relating to public bills coming from the House
W adopted.
,oo Reports = By Mr. Field. from the cummilte
~ on manufactures, in favor Of bill incorporate
I'd the Williamsyille, Williamstown, and Noun
Pleasant Cemetery Associations passed |
1 ftvpr of hill lncnrDoratinu thu Nav Enolap