Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1862-11-20

to constitutionahty. 1t was not wise to weld
TO the Revising Committee who had seen fit to
smuggle out of sight the sections under consid-
Grafton.
Mr., Denison thought the alusion made to
the Revising Committee not respectful. That
Committee had acted judicously and efficient
ly, and should not be referred to as they had
been.
He also thought the remarks of the gentle
man from Ludlow Balchl in reference to law
yers were inappropriate. The lawyers Of
Vermont We're among the best, AID their
opinions worthy of respect. He then review
ed the facts in relation to the Personal Lib
erty Bills, and reached the conclusion that the
proposed amendments We're unwse and I'M
necessary,
Mr. Royce was surprised that the Seleat
| Committee, if they agreed with the Revising
Committee In reference to the constituuonality
Of the sections, had reported them AS an
amendment to the bill. 1t was true the gen.
1 tleman from Ludlow had struck a sympa-
thetlc chord, and perhaps no one could do il
better, Yet 1t was really no argument in his
view, ia favor of inserting in the Statutes a
| provision that was unquestionably unconstitu-
| tlonal. Mr.. Royce referred to the fact that he
| had been Member of Congress at a time
when this very question was agitated, and stat
ed that 1t had been found impossible for Mem
bers from Vermont TO sustain this unconstitu-
tional legislation of their State He further
referred to the difficulty which Judge Cola
! mer found in reporting in reference to this
matter in the U. S. Senate.
| Mr. Shaw stated that the select com. were
not guided entirely by the opinions of the Re-
vising Committee, but had he believed their
own opinions, by which they were guided in
making their report.
MIR. Balch spoke at some length in support
the amendments, and of free opinions and
ideas.
Mr.. Reed took occasion to retract an express
sion he had used ''of doubtful constitutional
ty." He would say that all the legal talent
of the states-the loyal states-had decided
that such provision was unconstitutional
lie telt some pride as a Vermonter in the
consistency, propriety and constitutonalty of
her laws.
Mr., Miller, of Williston, said that it had
been remarked that all the members of the
House were not lawyers. He was aware of
that fact, but still believed that members were
capable of percelving VIII was right and APP
proprlate. He hoped the State would not re-
cede from its position, at least until the su-
preme court had decided adversely to the con-
stitutionality of their position.
Mr. Shaw desired to say in reference TO the
question of consttutonahty of the provision in
question, that there was question back of
the decisions and opinions referred to. 1t
might be as Charles Sumner believed in refer
ence to the law with which this legislation of
Vermont had been declared to be in conflict
1t was not beyond question whether the tugi-
tive slave law Is constitutional
MIR. Henry believed that quite too much
had been made of the opinions of legal men,
and the decision of courts, The decision of
the bred Scott case, for instance, was after all
decision for which gentlemen were not bound
to feel, and many did not feel respect The
Judgment of the House should not be controll-
ed by authorities of this kind. There were, as
had been referred to, men of the best legal tall
ent who held tie opposite opinion to that
which had prevailed in the case referred to.
The question was then taken upon the
amendment, and Mr. TORI demanded the
yeas and nays--yeas l27, nays 46, and the
amendment was adopted, and the bill was or
dered to third reading
BY Mr.. Chandler, for Judiciary committee,
fayorably to chapter Al of the Revision, "of
levy on execution"
Mr.. Adams, of Colchester moved to insert a
clause exem7t ting from attachment one horse
worth $3.50. Bill and amendment were or
dered to lie on motion of Mr.. Shaw
The House, on motion of Mr.. Denson, or
dered the printing of 800 additional copies of
the Adjutant and Inspector Generals Re
port.
ResoIaetioa-By Mr.. Denisen, that the Ad-
jutant and Inspector General be authorized to
procure the printing of 1900 copies of his re-
port and roster, for distribution among the
people of the State; ordered to lie.
Adjourned.