Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1857-11-13


o In relation to location of school-houses
(selectmen to locate, and owner of land ma.
appeal as in case of damages for highways
helatlng to certificates of stock in corpora
lohs, Ito supply lost certiticates.) la re-
Iatlon to trustees of railroads, Ito be elect
ed annually by mortgagees.) In relation t,
eue grand list, (on assessment OF neat stock
owned out of the State. Seveaally passed
a bill relating to the Bellows Falls Canal
90, occupied long time and was referred
TO tomorrow morning.
RP ~s-By judiciary committee, bill re
iatihs to collection OF demands in favor O
tue state; III reading ordered. Bill to ex.
empt musical Instruments used in families
IRON attachment. Mr. Colby wanted linn
itation as to the value of the instrument
Mr. Woodbridge would not make distirc.
lion that is not made as to other household
furniture. Music is to be encouraged as
one OF the cheapest blessings of the family.
MT. MaXheld thought the milk of the sec
ohu COW would be q grelter blessing to a
poor family. Laughter MIR IIebard
observed that the House has refused to ex-
empt yoke of oxen. Tho third reading
was rcilsod--ayes 45, nays %.
AFTERNOON Nov. 5.
SENATE. The bill authorizing tht Govern
or to purchase the cabinet of the late Z4-
dock Thompson was passed.
She Senate resumed consideration of the
nlII to repeal an act providing for The refer
enCe of cases
MIR. Wilson said
The question under discussion is wheth-
| er the circle Of judicial Justice is to be en-
larged or whether we are to 20 back to the
| practice of the old law lie had seen moth
ing presaging destruction to the constitu-
ton. He had considered the expediency of
such an act before it had become law. He
lad seen cases where the litigapts would be
utter satisfied by reference, and he had
een led by his convictions to think favora-
| bly, OF the measure
Some question had arisen on the eonsti
tuflonality Of the law. He could dot argue
on that point. lie had been satisfied by
the learned arguments of gentlemen com
posing the Senate of last year He could
not see any good reason why the law should
be repealed, but on the contrary, many and
good reasons why the law should be sus-
tanned. lie would have liked the law bet
ter II some OF the features of the bill could
be changed He should be in favor even of
amending it SO that tho kind of case should
be specified which might be referred by the
Judge The bill of rights declares what
recourse persons shall have in the defence
of property, life, character and 80 forth -
Men were to be tried by jury of their
peers no one would deny the sacredness of
the provision OF the constitution which |
guarantees this right to all. Now does
this law conflict with that constitutional
provision So far from doing anything of
the kind, it furnishes aids and as
sistance wherewith to carry into effect both
the letter and the spirit of the same ur,-
visions. The more he had considered the |
ptoysious Of the law and its practical |
workings and beneficial effects, the more he
was convinced of its value and general
utility.
Mr. Chittenden said his own constituency
'tu no recuniary Interest whatever in this !
ignored it entirely. l5 affected neither him
nor those whom he represented, yet he
claimed the right to pass Judgment on its
constitutionality and ii he believed it to
he in violation Of the Constitution, he be-
lieved it his imperative duty to use his vote
and influence to repeal it. 1t was said that
1t was all right to leave it to the Bench Is
the Senate so slavlsh, SO weak that it can
not pass Judgment on matter constitu-
plurality without having first found out the |
opinion of bench OF judges For him
self, he had sworn to preserve the COnstitu-
tiOn intact and inviolate, and he would not |
leave the mltter to the Bench to be decided |
by them As II the Senate could free itself |
from all resp visibility by leaving matters
to the .jud Jment of the Bench.
We had been told that other States had |
reference Ia IS, and because SO, it was our
duty to enact them. Everywhere it is get
ting to be the fashion to look around aad
find out what others think before We can
accomplish anything. 1t has come to be fash
lOnable for the lawyers and legislators to
shut up their brains, and run and find out
what some Judge in Texas may think, But
he regarded it as the plain, imperative du-
ty of Vermont to sustain her integrity and
her Constitution.
One of the effects of this law was to give
power to the Judges to deliver themselves of
the consideration of intricate cases, and
transfer the whole matter to the commits
soners. The expense under the reference
he deemed full as great as in the county
court.
From Waltons Journal we see that some
remarks of personal matter were made
during the progress of this discussion by Sc
nators Chittenden, Wilson and Hunton.
What the points OF disagreement were, we
do not clearly gather from the report, and
omit their remarks altogether.
Mr.. Gregory called for the yeas and nays
on the third reading Of the bill, and they
were as follows;
lcas-AIessrs. Barber, Bates, Burton,
Butler, Cahoon, Chittenden, Dwight, Field,
Jones, Perry, Pierpoint, Reynolds, Royce,
| Sanford, " ead-l5,
| Nays-Messrs Cole, Davis, Gleed, Greg
| ory, Hatch, Hunton, Hutchinson, Marsh,
Ra ymond, Walker, Wires, Wilson, Wrigh
-l3.
Mr.. Chittenden moved that the bill be
read the third time at the present time, and
on the question demanded the yeas and
nays, which were taken, and are as follows:
yedS-Messrs. Barber, Bates, Burton,
Butler, Cahoon, Chittenden, Dwight, Field,
Gregory, Jones, Marsh, Perry, Pierpoint,
| Raymond, Reynolds, ROyce-l6.
NdyS-Messrs. Cole, Davis, Gleed, Hun
ton, Hutchinson, Sanford, Walker, Wires,
Wead, Wilson, Wright-l2.
And the bill was read the third time.
Mr.. llunton moved to lay the bill on the
table Opposed by Messrs. Chittenden,
Royce and Butler, and the motion was lost.
And the yeas and nays were demanded on
the passage Of the bill, and were as follows:
Yeds-Messrs. Barber, Bates, Burton,
Butler, Cahoon, Chittenden. Dwight, Field,
| NSOiy > "oH'e, w , iel POlh'i IVY nOi"'i
Royce, Sanford, Wead-l6.
Nays-Messrs. Cole, Davis, Gleed, Hatch,
ilunton, Hutchinson, Marsh, Raymond,
Walker, Wires, Wilson, Wright-l2.
And the bill was passed,
The Senate refused to reconsider the
vo'e.
House. RepOrts-By select committee
on Financial Affairs, that no measure has
been agreed upon by the committee, but
the committee presented for consideration
a bill relating to banks, (relievlng banks
temp orarily from the penalty for suspend
ing specie payments, but requiring returns
each week OF the condition of the banks,
and monthly statements thereof to be pub
llshed,) Mr.. Deane of Cavendlsh moved
that the bill be printed agreed to.
by Judiciary committee, against bill to
abolish eapital punishment and substitute