Litchfield enquirer., 1873-07-17
The Legislature,

hence were keen for making their mark, and establishing 8 reputation for superi- or wisdom, economy, and the other virtues that they claim have lain twenty years in abeyance, are naturally good deal dis appointed. But such is the nature of things. Next to defeat, nothing is so dis appointing as success. The men, who like MT. Eaton have shown for twenty years such wonderful capacity for stand ing still, are found to be a trife rheumatic when asked to go ahead. It is but fair to say that the present legislature has been an economical one. It has reduced the State tax to one mill, and it's appro- prlations have not been extravagant so far as we have noticed but it has shown none of that capacity for Progress that We have right to expect of party that hopes to rule the nation. It has moved backwards rather than forwards when it moved at all. Its re-enactment of usury law its denial of representation to town minorities it's refusal to amend the li- cense law passed in great haste, last year, so as to make it more effective; its attempt to restore played out system of election frauds by allowing minor courts to natur- alize foreigners the refusal of the Dem ocratic House to join the Republican Sem ate in establishing most necessary re- form by giving appointment of commis- sioners to Democratic governor; all these and many more shortcomings indicate that the House and it's noted leader are the Bourbons of an old era, not the states men of new one. Neither party alone is fairly chargeable with the disgraceful squabbles over appointments. and the failure to appoint Superior court judges. That is the fault of system the Senate showed a willingness to reform. The Democracy of the House initiated the difficulty about the iudgeships; the Re- publicans of the House made it irremedia- ble by their final refusal to recede. Nor can either party claim any credit for the final passage of one Capital Amendment. New Haven, by two successive bolts, set tied that question.
 In opposing a Constitutional Conven- ton the Republicans made a frightful blunder, of which, however, the Democ- racy were not shrewd enouth to avail themselves. The best thing the legisla- ture did was it's disposition of the capitol muddle by providing for the appointment of a new commission. In this one instance General Assembly, hopelessly paralytic on all other important occasions, actually took long stride in the right direction.
 Still we do not wish to criticise harshly legislature which, as we said in the be- ginning, has done so little evil even if it has missed nearly every one of its golden opportunities. Its session laws are fewer and better than usual, and it is not by any means the first General Assembly that has promised much and done nothing.
 The action of the House in refusing to validate will with only two witnesses strikes us as as highly proper. The case was confounded in the debate with the customary action validating deeds. In reality there is great difference between the two cases. An informal deed is a valid contract for deed between the par ties, and can be enforced in equity. It is also practically notice to all parties con. cerned from the time of it's record. The validation of deed, therefore, is only the enforcement of 8 contract made for valua. ble consideration. A will, on the contra ", is only a mode of gift. No legatee or devisee takes by right, but by favor. It is general principle of equity that while it's courts will remedy mistakes and for nal defects in instruments, like deeds, given for valuable consideration, it will never interfere to enforce defective gift. Consequently legislatures, following this principle, have always, and very justly, refused to validate wills, while passing annual acis to remedy defective deeds. The following curious agreement, illus. trating the spirit of equality that prevail, ed among the New England soldiers ot 1776, is sent in by Sharon contributor: AGREEMENT OF THE OFFICERS IN CAPT BoLAND's COMPANY.
 We the Subscribers being Chosen ol appointed as officers bv A Companv Now Raising in the town of Sharon, Milltis l Company by order of Assembly, Do Gov. enant & Promis that whatever money we 1 Draw for our wages more than Soldier the rest of the Wages that we Shall Draw, 1 we will Divide Equaly amongst the Sol. l diers, So that our wages Shall be Equil ! with the Soldiers, X any man Chosen by this Company, Refusing to signe this agreement, the Soldiers are not holden tc Serve under any Such officers, though Chosen, & this Agreement is to be left il the hands of Some person in this town that the Company shall agree upon, to be kept till this Company, or Part of this Company, Shall be Dismisst & Return, And any of the Company that Shall have the fortune not to return, their heirs ol assigns Shall be untitled to all the article: of this Agreement as witness our hand. ! tAO oVId DAY OF DECEMBER ITO.
 WM. ROLAND, Capt.
 HEzEKIAH FRIsBEE, Lieut..
 AzARIAH GRIswoLD, Ensign.
 ELISHA STRONG, Serg't.
 ELYPHELET BUELL., Sergt.
 DAyIUs GRAY, Corp. SOLOMON GOODRICH, SeTy't. JOHN CALKINs, Corp.
 NOAH KELsEY,* Corp.
 NATHANIEL CURTIS, Srg't.
 SAMUEL GRAY, Corp.
 *This name may be Halsey.
 The dead lock on judges continued t, the end, so that three vacancies on tn, Superior Court bench will occur durins the coming year. We regret to believ, that the responsibility for this result rest II h k1a ~ex xI- TT T