Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1889-03-01
The Mountain Line in 1858.

We are indebted to Hon +. p. Walton of
Montpelier, whose retentive memory is
stored with more facts concerning the polit-
zeal history of Vermont during the genera
ton preceding this than that of any other
man living, for the following fuller and
more accurate account of the circumstances
attending the appointment of the late Judge
S. :. Phelps as United States senator, in
1903, than that recently given in these col
umns. Mr. Walton says -
The vacancy occasioned by the death of SEN
ator Cpham should and would have been filed
in accordance with the Vermont custom, by
the appointment of some one residing on the
eastern side of the Green mountains, but for
special reason. When the death of senator
Cpham occurred nomination of Judge of
the United States Supreme Court was pending
in the United States Senate. which the wing
senators wished to have confirmed. Judge
Phelps happened to be then in Washington,
whercupon Gov. Fairbanks was urged TO APP
point him TO the vacant seat, as he could oc-
cupy it at once. lie did so, for the special pur-
pose of securing his vote ON the pending ques-
ton as to the iudgeship. ! have a personal re-
collection of this, owing to the fact that my
father was fayorably considered by Gov. Fair
banks for this appointment This was in 1853,
and of the Legislature which met in October
assigned the duty OF arranging matters be-
tween the wing and free soil members, so as to
rc-elect Gov. Fairbanks and TO place Oscar l..
Shaftcr in Cpham's vacant seat as United
States senator in place of Judge Phelps.
l secured the written pledges of enough
whig members to secure these pur-
poses with the aid Of the votes of only
| fourteen free sellers; but these could not be
| had, thanks to the late Charles X. Field, who
was on the committee of free solers with
which hui to treat. The Legislature of 1855
failed TO elect United States senator, aad
when it adjourned in December the Unite 4
| States senate was i'm session and Judge Phelps
was in Upham's seat. He attempted to hold
| il until the Legislature of Vermont should ill
| ii but the decision of the Senate was agains
| him. and the se1t was vacant until Lawrence
| Brainerd took it in December, 1885,. The Legis-
| latuTe of 1854 was the first republican Legisla-
| ture, consisting of men who could not agree in
| 1853, aud hence n conciiatory policy wa deem
| ed advisable. On II canvass IL wa found that
| il the short senatorial term coul be given d
Mr.. Brainerd, the long term could be given u
Jacob Collam r. My father was apprisad OF
! tn S, and gave his consent heartily to the ar
| Iangement, and so 1t was happily arranged
| think the appointment of ,lud @ Phelps ii
1853 was an error, committed with the best o
| good intentions not that / do not estim Il
him more highly for such an office than any
other man VINO could have bean put in hi
place, but IL was breach Of the lmmon Law
of Vermont as to United states senators, an,
not accomplished. The RUE was bl oxen agar
in 1851 because OF political necessity.
+. i. WALTON
There have thus been two, and only two
breaches OF the unwritten law of the noun