Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1879-12-19
The U. s. senatorship from the East Side.
A CORRECTION, AND SOME POLITICAL REMINIs-
CENCEs.

CENCEs
To the Editor of the Free Press and Times:
Tho Fprp pprss of Saturday has an
ar-or ,bo ;,fo-orcos from which are that the
late Governor Erastus Fairbanks assumed
mower unauthorized nv the constitution. and
-, A. H.. -, s;o,;,;.ho5 1,,aro and
'ha' 'l' ia'o 'eiS u''.ins ui'neu Jung "'l,'
Senator Samuel ). Phelps attempted 10 pronl
by that unauthorized act. Injustice is thus
dome 70 tn,o man whom Vermont has de-
:. =,
hgnted 10 hohor' anu l ai'i SURF you VIII
gladly permit me TO correct the error. When
Senator Unbam of Nontnelier died his place.
~, ,,,o Il ,,,,-,., NIL .ho,, ,,rovo;l;no in
~ 'Ne iu'c away "'''' MN
Vermont; belonged TO some resident IN East
ern Vermont. Gov Fairbanks had one such
in mind-nossiblv more than one. The
only one NEW o. however. was my iatiier,
the late Gen. Ezekiel p Walton, genial
Christian gentleman who was well posted on
,,,.s,;oro 90 ,,r,,l;c in,oros, q ready deba,er
e1oo-'cs
anu on occasions as eloquent as any hian
have ever heard. His appointment would
have done no djscredit to Gov. Fairbanks or
- d. c. D.. mn, .obo Who,
" 'he "'a'e' Du' 1t was iio' ~ w. "n.H
the vacancy occurred ny the death OF MI
Upham, a nomination of a Wing to the
bencb of tho United STATES Sunreme Court
-. ,.,.s.,,
was penolhg anu thc fesui' was uoup'iui'
Mr. Phelps happened to be then in Wash
ington, and the Wings of the Vermont
delegation, being naturally anxious that the
oh h. ffl1aI nc r1pcci
bic, urged Gov Fairbanks TO appoint Judge
Phelps. The Governor waived the rule IN
consideration of the exigency, and appoint
ed the Judge, who took his seat and held it,
lawfully and unquestioned, until the Yer
mont Legislature met in October, 1858.
That Legislature failed to elect Senator,
and of course Vermont must fail Of full
representation in the Senate unless Judge
Phelps could hold seat under Gov. Fair
bankss commission until the Legislature
should elect Senator 10 fill his place. That
question Judge Phelps did present to the
Senate, and it was decided adversely and
think correctly; but nevertheless, l also
think Judge Phelps did no more than his
duty in raising the question
l have stated that the Legislature failed to
elect Senator in 1862, and now | think |
shall be pardoned if give give you a little
of the as yet unwritten history of that most
extraordinary session. There were three par
ties, the Wings and Democrats constituting
the two largest and the Freesoilers holding
the balance of power On the morning of
election day there was consultation of SUM-
dry leading Wings of the State who YOU may
be very sure were anxious that Vermont
should not lose the prestige of being ''the star
that never SETS" The result was determine
ton that the Wings and Freesoilers must unite
to elect Gov Fairbanks and as an inducement
to the Freesolers it was proposed that the
Wings should give their support to the
ablest and purcst Frecsoiler then in Eastern
Vermont, the late Hon Oscar L. Shafter,
for United States Senator to fill out Senator
Upham's term. | was appointed TO make
that proposition to the caucus Of Wing Sen
ators and Representatives, and discharged
that duty to the best of my ability. There
was much debate, as was expected, and my
recollection is that | stood SOLITARY and
alone" for the proposition through the first
evenings debate At the close vote was
taken, and decided in tho negative, but when
coming out, the chairman-Joseph Joslyn Of
Poultney-thcn venerable for his white head
but living still, whispered to me that had
carried the proposition by one ma jority, but
he decided in the negative because he
thought it was best to have another talk
Another talk was had, and the final result
was that | carried TO the chairman of the
| Freesoil committee pledge signed by Wing
Senators and Representatives in number suf-
ficent, with the aid of only fourteen Freesoil-