Burlington free press. [volume] (Burlington, Vt.) 1827-1865, 1858-11-26
Tbe e4ree pt:eas
BURLINGTON:
FRIDAY MORNING, NOV. &c, 1858.
DEBATE ON THE VERMONT AND
CANADA II. II. BILL
BURLINGTON

CANADA II. II. BILL
We conclude our abstract of this debate by
condensing from Walton's journal, the re-
marks of Senator Smith Of Franklin
county.
Mr. Smith moved to amend the bill by
leaving the particular location to be deter
mined by commissioners to be appointed by
the Supreme Court. This amendment, Mr..
5. said, would not alter the general purport
of the bill, and might relieve the company
from an unnecessary and burthensomc cx-
pcnsc. lIn saw no alternative but to take
I the bill or ''to vote for an unqualified forfeit
ture of all the rights of the Vermont and Ca
NADIA stockholders under their charter" lie
would not be understood to 'seck in any
manner to avoid or even to impair the obliga-
| tiu If tic Vermont and Canndn Company
to comply with the ia Ic nditionso OF its char
tor either in it, letter or spirit. 81 would be
recrcant, (said he, )to every principle here
tofore and always avowcd, either by myself
or the former board of the managers Of the
Vermont and Canada Company, were for
moment to suffer myself to stand in that at
titudc."
Mr.. Smith proceeded to give history of the
progress of affairs connected with the con-
structon ofthe road. He believed the lease of
the road to the Vermont Central for which
the stock of the Vermont and Carada was
| ioI bv tbn 1ottnr
that without it the road could not have been
built There was no intended bad faith, as
had been ntimated by Senator from Gale
donia. The Vermont and Canada in the
lease provided for the execution of the obliga-
ton Of the charter, as they were understood
by those who agreed in its original grant
"In 1858 for the first time, it was claimed
by certain parties in Boston, that the Yer
mont and Canada had virtually complied
with the provisions of its charter, and had
made constructive connection with the Rut-
land and Burlington road, in the village of
Burlington that by virtue of the lease and
mortgage with the Vermont Central, and the
connection with that road at Essex Junction.
and the connection of the Vermont Central
with the Rutland and Burlington road at Bur-
lington, the spirit of the charter was complied
with, and that the connection required by the
charter was made.
The President OF the Vermont and Canada
was called upon for his views upon the sub
iect, and in December, 1858, the report which
has been submitted to the Senate, was made
by that gentleman to the Board of Directors,
in which he repudiates the idea that a con-
nection at Essex junction, and thence over
the Vermont Central to Burlington, was,
either in spirit or letter, compliance with
the charter or such u connection as was CON
templated in the compromise which was made
Il. the time the charter was obtained; and
that good faith required that that connection,
as originally contemplated and understood,
should be made at an carly day. This report
was accepted by the Board of Directors OF
the Canada Company, and committee was
was appointed to procure the necessary sur
| veys to be made.
Mr.. S. proceeded to show that some Of the
principal stockholders refused to assent to an
issue Of stock for the purpose of making the
proposed connection, and nothing could be
effected.
Upon this state Of things, the former Pres
idcnt, finding that there was no hope of OBJ
tanning from the stock kholders any aid in con-
structing the road, and iorcseeing that unless
there was II compliance with the charter IN
good faith, a forfeiture would be the nevlta-
bic result, in 1857 entered into negotiation
with the Rutland and Burlington road, in the
hope that a compromise of some kind would
be effected, which, while it would carry out
50 far as was possible, the ;original under
standing in good faith, and satisfy that
interest and with it the interest OF
Western Vermont, would, at the same
time save the Vermont and Canada
stockholders, the large proportion OF the
estimated cost OF constructing the new line
of road, and preserve the charter from fortcl'
ture, and save both to the Vermont Central
and Vermont and Canada all their justrights
under the lease. This negotiation was still
pending. with the almost certain and sure
prospect of resulting in the desired cOmpro
mise, when it was interrupted in December
1857, by the interference of certain of thl
stockholders, who removed the old board
and elect I'd in their place the present board
Thus was an end put to the entire nego
tation, and the Vermont and Canada com
pany, with all the dangers with which II wa
, surrounded, left to drift by itself,
Immediately, however, after the presen
| -
imp rtance of giving his immediate attention
to the subject of saving the charter OF this
road, and Of the pending negotiation wit
the Rutland and Burlington road, and wa
' then urged not to suffer the negotiations
: | fail But from some cause which 1t Is uunt
a | cessarv to allude to here, the entire negot
!. alton was dropped, and the affairs OF ii
Canada road, involving the entire rights {
J, the stockholders, have been suffered TO reac
: their present perilous position.
Thus far have confined myself to the hi
y tory of the Vermont d Canada road, and ?,
n sitions taken by them at various times,
"a reference TO their obligations under the
~ charter to the Rutland and Burlington roa
ID Much has been said in the course Of Il
~ debate on this subject, in reference to Il
n position of the W. Central on the questiC
,a of building the connection, and the idea h
obtained currency that the interests OF Il
ia road are to be seriously injured if the bran
TO into Burlington is built | now propose
y, show that the course of the Vermont Ce
aa tral from first to last has been uniformly
- favor of building this connection, SO soon
o5 the means could be obtained And here
take great pleasure in paying this tribute
~ the late Gov. Paine, In all my intercou
I'd nd with him on the subject of railroads, c
nf say never heard hin ior moment repu
N. ate the obligation under the compromise,
,e' make the connection with the Rutland a
lin Burlington road but on the contrary, hi
nd heard him often say, with reference to Il
subject. that the obligation did rest strol
,ed and must in good faith be carried out AS 81
pas as it reasonably could be.
tha All the votes Of the Vermont Central Ct
.on pany, SO far as have ever examined their
,nt cords, have been uniformly to keep good ia
in this respect, aud in favor OF building
extension.
In 1853, after the President OF the Nerm
and Canada had submitted his report 10
Board of Directors, a copy of the proceed
res was transmitted 10 the Directors of the '
| ac mont Central.