Rutland weekly herald. [volume] (Rutland, Vt.) 1859-1877, 1870-06-16
The Constitutional Convention.
rTERNOON.


The following are the yeas and nays on
the adoption Of the second article OF
amendment to the Constitution
YEAs.-Aldrich, Batchelder, Bates,
Benjamin of West Windsor, Bittinger,
Brastow, Briggs, Britell, Brooks, Brown Of
Burke, Button, Camp of Newport, Can
field, Carpenter, Chase, Cheney, Clark of
Lincoln. Clark of Poultney, Closson, Col
burn, COLON, Crane, Curtis of Baltimore,
Davis of Sheffield, Dunton, Eaton. Ellis,
Eyerts, Ewens, FELTON,, Ferris, Field of
Jericho. Fisher, Fletcher of Cavendish,
Fletcher of Holland, Furman, Gaige,
Giddings, Gorham, Griswold, Harmon,
Harrington, Harris of Panton, Herrick,
Hewitt, Hubbard, Hildreth. Hobart, Hol-
comb, Horrobin, Houghton, Howard of
Townshend, Howes, Hubbard, Hyde OF
Castleton, Hyde of Sudbury, Jenney,
Jones, Joselyn, Judevine, Reyes, Ken.
nedy, Kent, Kimball of Glover, Kingsley
Lawrence, Lynde, MoGaffey, Miles,
Pownal, Parker of Wolcott, Pearl, Phelps
Of Burlington, Phelps of Fair Haven,
Pierce, Porter, Powers, Quinlan, Ray
mond, Ray, Reynolds, Richardson of
Westfeld, Richmond, Rising, Roberts,
Robinson of Londonderry, Robinson of
Pawlet, Sampson, Sargent, of Corinth,
Sargent of Jay, Sawyer, Shaw, Sherman
of Ludlow, Sherwood, Shade, Stearns,
Stoddard of Newark, Swain, Tisdale,
Walbridge, Waldo, Walker of Peaoham,
Wells, Whitney, Williams, Wilson, Wood,
Woodward, Wright of Bradford, Wright
of Shoreham, Young-11S.
NAYs.-Adams,A Atwood, Bailey, Barnes,
Barrett, Bartholomew, Beattie, Benjamin
of Berlin, Bennett, Benton, Bingham of
Fletcher, Bottum of Orwell, Bottum of
SALISBURY, Brewster, Brigham. Brown of
Plymouth, Brown of Waterville, Buel,
Butler, Camp of Elmore, Carlton, Chur-
chill, Clark of Peru, Clark of Topsham,
Cleaveland, Clement, Cobb, Cotton, Co.
uant, Cowles, Crandell, Damon, Day, Dean,
Deavitt, Dillingham;, Dyer, Edmunds,
Farnsworth, Field of Brattleboro, Field of
Guilford, Foote, Francis, Gibson, Gillette,
Gilmore, Green, Grout, Hamilton, Hard
ing, Harris of Windham, Hartshorn of
Canaan, Hartshorn of Guildhall, Hast
ings, Human, Holbrook of bennington,
Holmes, Howard of Irasburgh, Howe,
Huntoon, Hyde of Chelsea, Ide, Kellogg,
Kelton, Kimball of West Fairlee,
Langdon, Lincoln, Lyford, McAllister,
Mclaughlin, Marsh of Bethel, Marsh of
Woodstock, Mason, Munson, Nelson,
Nichols of Braintrye, Nichols OF North
field, Noble, Cm,tead, Paine, Patterson,
Peake, Post, Putnam, Reed, Rice, Rich
ardson of Vershire, Robinson of Barton, I
Ross, Russ, st. John, Sanborn, Seymour,
Shattuck, Sherman of Dover, Shot, SMITH
of East Haven, Smith of Tunbridge,
Smith of Williamson, Spaulding, Stevens,
Stoddard of Westminster, Taylor, Tewks-
bury, Thompson, Upper, Walker t Whit
ing, Walton, Warren, Washbuln, Way,
WEIGH, Wild, Wilmarth, Wisv3ll-1l5.
Mr.. Drake of Royulton, wheD his name
was called, asked to be excused from vot-
ing, and he was 30 excused Mr.. Blng-
ham of Stowe, Mr.. Storrs If Colchester,
Mr.. Holbrook of Milton, ami Mr.. Holman
did not respond to their nsnes when they
we're called.
Before the vote was declared, Mr.. Wal
ton of Montpelier asked leave to change
his vote, which leave was granted, and he
then voted in the affirmative.
5lr. Walton then moved that the vote
ad jting the second article of amendment
be rGconsidered.
Mr.. Slade of Middlebury, moved the
question and demanded the yeas and
utys.
Mr.. Walton then moved that his mo-
ton to reconsider be laid on the table.
After considerable discussion as to par
hsmentary rule, the motion of Mr.. Wal
ION to lay the motion to reconsider on the
table being still pending, and the yeas
and nays hwving been demanded on the
Ia IL,
NJ. Shade of Middlebury moved that
when the Convention adjourn it be until
Z! o'clock this evening, for the consider
alton of the remaining articles of amend
ment.
Before adjournment the resolution re-
lating to final adjournment on Monday
morning next was adopted and snndry
petitions were presented i'll favor OF the
fifth article of amendment.
The Convention then adjourned until
u o'clock.
EVENING.
In committee of the whole the third
article of amendment, AZ proposed by the
Council of Censors, was taken up as fol-
lows:
ARTICLE 3.
Whenever the office of senator or
town representatives shall become vacant
from any cause, the legislature may pro-
vide by law for filling such vacancy.
Mr.. Phelps, of Burlington, moved to re-
commend to the convention that 1t Is not
expedient to adopt the amendment.
Mr.. Bingham, of Stowe, thought we
ought to recommend the adoption of the
amendment, inasmuch as there is now no
provision for fillingssuch vacancies.
Mr.. Phelps opposed the amendment on
the ground that it was not sufficiently
definite as to tho method in which vacan-
cies should be filled. He thought the
amendment defective.
Mr.. Field of Brattleboro briefly favored
the amendment, and cited instances where
great injustice had been done for the
want of such provision.
Mr.. Marsh of Woodstock, thought it
not difficult to harmonic the amendment
with the existing provisions OF the constl-
tuition. It merely allowed the legislature
to regulate the manner in which the va
cancies should be filed.
Mr. Langdon of New Haven briefly OPP
posed the amendment.
Mr.. Kellogg of Benson said that it had
been decided that senators and represen-
tatives were not officers in the sense that
gave the governor the power to fill vacan-
oies. AS to senators, the constitution al
ready provided for filling the vacancies,
and he read the article which made pro-
vision for filling vacancies in case of SEN
ators. He believed also that any proper
construction Of the constitution would
give the same right in relation to repre-
sentatives, and he cited cases where repre-.
sentatives had been elected to fill vacan.
cies, and that provision had been made
therefor by the legislature. He thought
there was no imperative demand for the
proposed amendment, bat he would adopt
the amendment that there might be nc
doubt in regard to the matter.
Mr.. Walton of Montpelier thought
that with the prospect before us of bien.
NAL sessions OF the legislature, and that
the work of two years must be done un.
der one election there should he snm,