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BY 15. 1'. WALTON, Jit.
IVrttcljmnu & State Seminal. rLDl.lSHCD KVKKV TIIUItSllAV MUltNINU. TKRS1 SAomIi In advance t $1,00 If patmant Unot in !' l Inlnait alraji clitjnJ I torn Ilia end or An"ml li lutof H ie"t ohMtlplluni, adrer. Itrmtnti and crtromuntaaliu, and fikattwlejge iravtaa&tfor "lUk-r.rirM, 1. N.pflMPUOV, llro.ikfl.ld,. II. SMITH, (;.b..t, c. -. lihOWN, D.nvill., I'll A1U.B i. DANA, Elm"l,". OTT, ll.drp.rk, KIlWAKl) 11, SAWYER, J.nnMtl. f. VV.HVoTI, Mr.k-ld,C. I). PUTNAM, lwrlili',M N,,VR!, MI.MI.ri,JVE JOHNSON, Jr. Korihrl'M.&MMITH, n, ,f. i'aiuhi' fepnvTr.R, rii.iM, a. T. inNri'iirr, t ll.rSwti-k.t:. sIIIP N, Pl.,wn. Jlril r.lMVMOM), Pir.lT.itd, vVtt.MWt R'M.LIN, (WI.Slrtff.rJ, l)Sli:t. VV.JUDD, TWra, A ARON N KISO. vVait.fVW al P..B.ORAN0n,'MITII, Wntra, KKAfKMN A. VV KIOIIT, VV( rbarjnnd Koi'.ort, R. C fMlTII, v,m.mii.w..iMaiis ruinu, VuioUf. JO.NAK AUOOTT. lllntcljmnn & State 3ournal. U. V U. I'l .HC, KDITOK. Timrsijii) , ;ov. :i, i h.'sij. I'romth nratllaltuio P.mgtr. The following impartial statement of facts rel- ' ntie to the con tested election case from the tnwti of Wells, in Rutland County, recently ilicided by tho House of licpresnetativea at Montpelier. is especially commended to the ! notice of the public, j ThcWclls contested Election, i Thi' decision of this case made by the House of KpreJi'nUtivM h remarkable, both in itself, and as a siiecunen and illustration of whit is to be expeeted from the so-called Dem ocratic pirty in Wrinont, and is worthy of tlic b. -nniis attention of our crtizi'in. The'fscta in 1 in- case, appearing from the testimony, are as ' IjI'ows. j The candidates w David B. Iiewis, whig, ' arel Nathan Francis. l.oco; and tho board oi j c, v,l authority that Counted tiie votes were, with r iw excepton, ill luvor of Francis, a fact which tvi I be seen to be important in Its bearings. Til., vot.'s were couni'M on the seat of a pew n the iii"'tiii lion', a l the tirst count made 7,i fir Kruiris hdI ?S lor l.-wia, nut counting u i mine vol". S't'iie' nn.'S calli'd the long rote, i hit r'i in.'.-' n i ii writo.ll t a ice on the n Hi- I -ic mid -a torn nearly Hi two between f t i r i-ii"". )'! Hi" ".oiiil count the result n n.'re.'il to. I'xci.pt tint one of the board, Mr Huleit, ( a fruMid ol UM, made 70 lor 1,-wis ; and it wan then generally agreed that l'rancis wj s i l. ct 'fl, and llie result was circulated some ' wi, ,t a noog the by-sta"dera. iSome of the board then tf'rt up Iroin counting, and some of them t iriit'd round frutn tho otes, but had not left tho pvw, i..i llulett immediate y insisted upon another count, and then the board immediately j rrcrrr.l ;J to count the third time; llulett began m count the votes over again, & very soon lound , a vote for Irfwis in the Fisikis pile, and tlioued it to the other members of the board, wlw then counted it for Lewis, and after a careful totting : and counting it appeared that there were e() for ! Lew is and for Francis, including the long or double vote for Trancis. I he votes wero Uicn i c.rrluilT counted ibtt fourth Hum with the mno result, and this was found to agreo with the check latt, w'ncli had 15 ntmes, and then Lewis was ci-clareil elected, no objection being inade by any 1 of the board. There was no testimony tending tu sho sny fraud or unftirness in the counting, mil nil the nitneeses concurred that everything appeared to be fair and honest. I l)n the part of Francis, it was proved that one minor voted, and one of tl.e board testified iliat ' the vote, ith one oilier vole, was put upon the pile after the box was turned and that he saw it us fjr 1swh, and to other witnesses gave evidence tending to bliuw Unit it was not put in the box but on the pile, (lu the other hand, one of the two voters swore that his vote was put into the I ox, and the constable and one of the bourd inoru-'tlut the vote of the minor was put into the b .. If the vnie was put into the box, ol course Uiere was no proofor mhom the vole was given, ! The coiiiiiiiitee on Klcctions, a uiajonly of whoin were against ihe Whig, decided thai the votoj was tor Lewis. Hut, it is instated that there j x 1 1 li lent ba I nice of proof that the vote, as put into the box. 'I tin was the only illegal tete that was claimed to have been given tor Lewis. Sume witnesses sworo that they went into the rneetmg-house tho iif.it morning- and counted 1 rjnc is' votes and made U, and found one for him on the tloor under the seat. They admitted, however, that there were other votes on Ihe floor of the pew. "n the part of Lcis, it was proved ami found to be thu luct by the committee, that one voter during the balloting offered two votes, folded to gether, to the constable, (who voted for Francis, though a Whig, and son-in-luw of Ienis,) and tbe couaUble, supposing, as lie testified, that it was h mistake, handed back one of the votes, "Inch was tor Francis, and put tbe other in the box. It was nUo proved that one other minor voted who hxd since gone out of the State to avoid prosecution, and that he JtdmeJ lo sundrv per sons that be voted for Francis. The commute ! decided Ih it his dtc irn'ioHS were not siirhcfnt ! proof. Mr. Lhwis t k I'm .1, (iIimii of another j minor, wiio r.'tu-o'ti to l"i.i.l a to li. ate, on the ground t.iut J.e 0.11,1 r immate h mrl nnd also as to wh .n ii" vol. il tor, . n llie ground ol being privileged lo reioso lo diwlose. Mr. Lewis could not ti it-1 any one that paw his vote, and therefore failed in proving that he voted for i rancis ; though no one doubted the fact. Tlio committee reported that Francis received j fMl votes and Lewis 7d, counting the double votes j for Francis, and throwing out the vote of the mi-1 nor for Lewis j and following the first two count, j The statute (Conip. Stat, chap, l.sec. Fl.jen-1 acts, liiat the presiding officer bhall examine the I ballot ufl'ered "so far as to discover whether there j be more than one, and if there be more llun one, j it shall bo the duty ol such presiding officer to nuke it known io tho meeting nnd reject tho same, a id n j vote shall bo afterwards received from such person at said meeting." Tho meaning and purprue of this statue is very obvious j that is, it declares peremptorily, "id to prevent all chancu for fraud by double Voting, tint tho votes thall nol It counltd al alt, t'l ony tftriJ h would of course bo next to mi-p-'isible to prope tho guilty intent ; and tho law as enacted for tho ver. purposo of" taking the ting out of temptation" by preventing a voter '"mi playing the Inck, and thou, if not diacover tQ. saying nothing about it, and if discovered, protesting that it was an innocent mistake, which could nut bo disproved, it being a negative. And e believe that this is tlio first tune that a double ballot has evor been counted m Vermont, since tnehw was enacted. Who is to decide whethor t Jne double voting was inttndtd or mt ? Is the Jfial to bo had during tho balloting? And yet h0 committee and tho House decided that be cause the contable supposed it was an innocent ""stako, (and this was all tho evidence there on the subject,) it might bo counted. Verily, the constable is a judgt, and besides can ren i fler judgments without evidence, merely on his on suppositions, it is a singular and importaut Mice I Tho long vote wus also counted, though moif uparl, and thus showing the intent to v 10 luve it torn quite apart in the handling and nullling of tho votes, and thus count two. This "cision is on outrage on the law, nnd not only wis, but also on a dtctnt resptd for tho law. The Commiltoo ami tlio lloilso required proof of guilty intent, and thus effectually nullified tlio law. lhorowasno proof that notice was given to the rcturnei mnmbcr that Ins seat would be con tested, except tlio affidavit of the contestant, written by hi counsel, and taken and sworn to ni .uontpolier, without any opportunity for cross, examination. Tho statute enacts that " no tes. timony shall bo used tit tlio hearing of any con tostod election, unless tho samo tig taken in writ HUr. Wltfltn fill, nvn fl-ltora it.nnn-un .n-.. ' whose elecuon is contested." ami ihiui.a ' teat." mony shall all bo closed within 23 days after tho election. In the case of tlio Kethel con- tested election in the House decided bury case. These cases were urged upon the Committee and the House, but were overruled. ,tnr,!.iCllmC'i.0n UllMrtor fr'"1" the act making parties witnesses made this evidence fidmismbleV-llut to this it wa, replied that tl.e act dots not in terms extend to election cases, nortkes the reason of tlio act, for the object of the aiatu.e regelating contested elections was to prevent the necessity of bringing witnesses from distant parts of the Utate; and if allidaviu taken at Montpelier can be used, so can counter Bifida- vits, or witnesses might bo sent for. lli.t anotfi-1 er and entirely conclusive reply was, that the act making parties competent witnesses express- ly gives the right to cross examine, and give, no light to the party to give his affidavit or dep. osition: but this affidavit was ex ptrte. The tes- imioin ,ao cieariy improper anu tnaumissium : but it was admitted. The Committee found every fact claimed in favor of their party. Throwing out the double votes, there was a tie, even supposing the first count to be correct Hut. in truth, the Isst two counts were the true ones ; they were the most carefully made, they agreed with the check list, and were made by a board who were all except one against the hig candidate. In fact, Fran cis had but fi legal votes, and Len is had at toast 711 ; and in any point of view, taking the last counts as the true ones, and throwing out the double votoe, Lewis was elected. In no point of view was Francis elected. The House, by a majority of five, allowed Fran cis a seat, on a strict party vote, though soma 10 whigs were absent. The case was ably argued by Messrs. ashburn, Walton. Hartshorn, and Miner, nnd the argument was decidedly on their side. It a some satisfaction, however lo find Meksrs. MianVr, Judevine. llradford and Temple ton, and s.hiip other intelligent and fair-minded Freexoilers. vMuig against the perpetration of this outrage upon law. J-'. The new governor of Vermont, Hon John S. Robinson, is, indebted lor Ins election to a por tion of tlie frej bd.I and n considerable number of whig coles, in addition to the entire democratic strength in the legislature, yet ho is above a suspicion of free soil taint. So says the Uostnn Post. A correspondent of the N. V. Tribune writin? from Montpelier, also says tint some of tbe whigs were unfaithful thus: " But you should know how this result was brought about. It was in this manner : Some twelve Locos went into the Free Soil Oaocus, from tbe begining, to out role the v big portion and thus secure their ends. In caucus, 45 would jUdri themselves to vote for no one but Ilrainerd on the coming day, and when that day arrived, his vote ranged from ifi to 35. Hut something more was required to get enough to elect the Loco tickat, and lhwe wore had by promisee, i nnost profusely made to various individuals of curious to know to bow many they held out hopes of being Secretary of State ! And so of the various other offices. In this latter wav, some 5 i Wl ig Free Soilcje were bought off, leaving not j enough lo enable the Whigs toe ect their ticket, I as Jue ten Hum Wing were detenmnd to de-1 fust us. Not more than eight usually voted ag-unat us, or relmed to vote all ; but it is well kn .wn tint more would, had it been neccessary. ' I Ins iscertmn and every body here knows it I if the U lugs had, fo u man, been true to their parly and i s candidates, we could eamly hnve elected most of them, and those who would have rep' icei) the residue are as good Whigs as tlie best of us. These are the figures Whiffs in the Houe, iK ; in the Senate, I" ; total. 1 10. Fn e .Soil U liuta n would have irone with us if their votes would have availed, 11 making a Caminittee on Banks. By Mr. Grandey, to ex grand total of KM. or three more than half of the , tcnJ ln0 ciiarter nnd increase the capital stock members ot both Houses. '1 here were IH U lug . Free Soilers ready to go with us, at fir-. ; that f 1,18 IlaIlk of l.enuee ; lo tho Committee on i. before they were bought off by promises of Batiks By Mr. Blisa, to increase the capital office." stock of the Brandon Hank ; to the Committee on . i Banks. By Mr. Miner, to incorporate the Bur- John fan Iluren used the following language tun Female Seminary ; to the Committee on Ed in a speech at Tammany Hall, on the 1th inst. ucaimn. By Mr. Shatter, to incorporate tho I confess' I was, of old, an opposerofthe txtun-1 West River Bink ; to tho Committee on B inks, sion of slavery ; and so long as it was proposed Ily Mr. Walton, to authorize the consolidation to extend it, I continued my op mautiou. Hut 0f tuo 't. Central, the Rutland Burlington, the question his ended. 1 he tree Soil team nmj ,he y, & CtIKuJa Iti K, Companies; to tho has been put up. We have put the horses into ' ... ,, ' . the stable and locked the door" and have brought 1 Committee on Printing. By Mr. Hob.naoii, ra the key to Tammany Hall, t 'heers We have-1 lating to common schools ; to the Committee on given the Key to otn tamer ruray. a mongrel politician from New Hampshire, J P. Hale,j I tXTpT lich of the horses should be sent to the Stuyveeant ono-ljail horce chaise, or else tuo abolition dog-cart. l.ouglitir and cheers. A Democratic Paper oh I'raideiit J'ierce. The " State of .Maine" sa)s : " We blutli fur the honor of the country wc feel asham ed of our American name that is thus tar nished hi the person uf its Chief Migistrate. We must hereaftir admit, in reply to the tanuts nf fi)reii!iiers. that the uliicc of Fn idt-nt of ihe Uuited Stales has been filled by ! , .i i.- cn l , it Drill Win) linnet luu uupnuii) vi i duic with tho meanness of a traitor. 1' r.inUin Fierce has fallen Iroin Ins high eminence to the lowest place in tho scale of p.'lilical prortiiniioii, and will hereifter be regarded lij all honorable men, in the same categur) as Aaron Burr and Benedict Arnold. " Piohally there is not a wing editor in the union who has ever used so severe language against the President. Election News. ,Vru Vert. The Whigs have oarned the " i State, it is said. The N. V. Tnbuno says that tho Legialaturo is in favor or the Maine law. , .Viw Jersey is democratic. , m It is believe,! that tho November earnings of ,l.o v. rnnir.1 nrwf Vf. and Cnada Railaoads will be belween S05.CC0 and flOO.OCO, and those of the Ogdeiuburg alone will excecl ; v ' ' I Fatal Atcide nt. On Thursday night, the boil er of tho engine " Richmond," Vermont Central Railroad, exploded with fatal cfTecL Tho firo ma,i, Mr. Bryant, died in about an hour after the accidont, and tho engineer, Mr. Noyeswas so badly injured that his recovery is doubtful. Tho engine was attached to tho night freight train, and the explosion occurred while tho en gine was in motion. This accident is an extra ordinary one: of tho cause wo hare jio knowledge. ISSUED SEM.ULTAN HO USLY LEGISLATURE OF VERMONT. SEN AT II. Wr.ii.fr.suAT, Nov. 0, 10 A. M. Tho President announced the following Select Committees yesterday. On tho petition of 13. M. Snow, Senators Howell, Jones and Witters. On an iniir., nf nn,.n,nn.'. V T 3 ! , S GCo,0S,cal Sl,rve'' Sc,,alors Co1- , '"S " aWon a"d (5lles' 1 much of tlie Governor Message ns re- fers to the foreign policy or the General Govern- ' iilmlnud and referred. Ily Mr. , Coolidge, to incroaso the capital stock of the Woodstock llanki to tho committee on Hanks, ., . . . . , , , ,, 'y ?In 'M,n,nB-on. 10 tal'0 f hap- "0 S., relating to the appointment of Town Su. perintcmlsof comiffcn scnoole ; to tlio cominitteo Education. From tho House, to incorporate l.. ,,. , r. . 1,18 U Copper Mining Co. ; to the committee on Manufactures. To incorporate tho Island 1'ond Lumber Co. ; to the same committee. To EX,erid the charter of the Williston Flank Road r, .. ,, . , ,. ., I Ca ' ,0 lhe ntiiittee on Itoads. 1 o alter tl.e I lown i'ne r Urighton, Wenlock and Ferdinand l in Kseex County ; referred lo the Senator from Kssex County. To incorporate tlio Chittenden County Institute ; to the committee on Kducation. To incorporate the 1'itteford Iron Co. ; to i he committee on Manufactures. In amendment of chap. 5?, C. S , in relation to trustees of minors and others, nnd in relation to trust funds ; to the committee on the Judiciary. Adjourned. HOUSE. l'rayer by Itev. W. H. Ird. Itesoluliofi. lly Mr. florham, that the read ing of the journal be dispensed with, after Sat urday morning next, onlera requested by n mem ber ; on motion of Mr. Adams of M ilton, ordered to lie. Ily Mr. Uingham, to instruct the Com mit'ec on Military Affairs to inquire as to the ex pediency of so altering the law as to exempt the (mils of organized uniformed companies from tax ation : adopted. Jly Mr. .Matthew son, that no bilU be introduced into this house after Satur day next, i .xrept snrli as are reported by com iniiiers; Mr. Grandey opposed the reeolutioo as a virtual repeal of on- of the rules; Mr. Mat thewsnn knew little about rules, but he did know it was tedious to members to remain here n hen there was no business to be done. livery day little bills were being introduced which took up tune, and the House nt this rato might sit till the day of judgment, without finishing its busi ness. I lews tile J some day fixed, eo that tho Hsr-, -could do its business and then go home. Onfmotion of Mr. Walker, tho resolution was dismissed. Uy Mr. Walker, instructing tho Ju diciary Committee to inquiro as to the expedien cy of eo altering the lew that process may bo served on Saturday nt as late an hour as valid coninots may now be made ; adopted, nilh inttodund antl reftrred.-Uy Mr. . Smith, a""-- relating to grammir rchool lands in Washington Co , (to divide the rents and profits of the lands between the academics in Montpelier Norihfield, and Ilarre i) to the Judiciary Commit-' M, ,, ,, . , . lf Mr 1)av,s of I)lnvl,le' B too I cbarlfci of tbe Hank of Caledonia; to the1 Committee on Hanks. Ily Mr. Lyman, of Sut-1 for u.e preservation offish m Carter pond ; 1 . ,, ,, . ., ,, ,. addition lo chap. lllC.S,, cn'itled Justicee. of the Peace ; to the Judiciary Committee. Ily i Mr. Butler, relating to highways ; to the Com mittee on Roads. Ily Mr. Walton, extending, the charter of thb Bank of Montpelier ; to the i Education Th(J ij, louse resumed the consideration of the , Ml reUtmg to ,he compenaation of .herilfs and keepers, it having been under consideration yesterday, hen the benate came m. I he bill 1 was reported back to tho IIouno by the Judiciary Cummutoe, amended according to instructions, go as to raise the compensation of jail keepers for boarding prisoners fifty cents per week from tho present rules, and as amended wss ordered , to a 3d reading. i Mr. Jones of Coventry presented the remon strance of the select men and others, of Waits- field, against lite annexation of the whole or any . ..r v'.ai:..ia pan ui ajfvhvo to , aiituuu, iiuii.li ivas refer red to the. select committee raised on this sub ject. Hngrotsed Hills. Senate bill, to define estate in pews ; in amendment of chap, 1'i 0. S., relat ing to lime; incorporating the American Marble Co.; relating to plank roads; severally road tho 3d tune and passed. Jttporls of Commdtecs. By tho Committee on Education, in favor uf the bill to incorporate the West River Academy ; 3d reading ordered. By the Commiltco on Manufacturer), fn favor of th bill to incorporate the Vermont Marble and . r ...i. . .. ...i.:i. o !''' " "'""Mi ""'. ..tic w. ww ' w a ou reau- lm" The Houso took up the bill relating to thebu- , . ... r", . - .1...: 1 .1. c. . ;.. P"e " V01"1' u'w' u,,u "B U,B 3,ale 10 w Juul0,al olrou,,8 " U0,"S ln0 Kl,ccm' o"1" foT ,,,w ,im?' "hen Mr. Miner moved to d,6"s8- Mrs. 1 lynipton, Kico of Somerset, ami Field opposed the motion, Messrs. Barber, and Adams of Milton, favored, when tho motion i was withdrawn, and on motion of Mr. Grandey, tho bill was referred to the Committee of Ways and Moans. Adjourned. SENATE. ArTEB.fOO.f. llrports of Committees. Mr. Millington from tho committee on Manufactures, favorably repor ted the bill from tho House to incorporate tho Watcrford Slato Co., and it was read tho 3d time and passed in concurrence. Mr, Halo from the comnuttec on Roads, fa- AT MONTLMSLlHIl, NOJITIEFIELI), AVATHIUJURY, &0. THURSDAY, NOV. 17, 1853. vorably reported tho bill from tho House, to ex tend tho chirtcr of tlio Williston Flank Hovd Co , and it w-as read tho 3d timo and passed in concurrence. Mr. Witters from the committed on Manufac tures, repotted in favor of the bill from the House to incorporate tho Caledonia Mnchino Shop, and it was read the !ld lime and passed in concur rence. Mr. Stevens, of Franklin, from the committee on tho Judiciary, reported tlio bill in addition to chap. 31 C. in relation to witnesses and do positions, with amendments. The amendments wero agreed to nnd tho bill was ordered to bo engrossed and read the 3d timo to-morrow nflor noon. Mr. Carpenter from tho comniitteo on Ranks, favombly reported the bill to incorporate the Nortlificd Hank, nnd it was ordered to be engross ed and road tho 3d time. Mr. Hifley from tho committee on Manufac tures, reported in favor of the House; bill to In orporate tho Rutland Water Co., nnd it was road tlio 3d time and passed in concurrence. Mr. Stone from the committoo on Education, to whom was recommitted tho bill from the House, to protect School Houses and Academics for the purposo of amendment, reported tho bill without any amendment, nnd it was road the 3d timo and passed in concurrence. Mr. Coolidgo from the committee on the Judi ciary, favorably reported tho bill in relation to subsequent attaching creditors, and it was order ed to bo road the 3d time to-morrow nflcrtioou Mr. Coolidge from the committee, on the Judi ciary, reported the bill from tho House in rela tion to truitees nnd triut fund-", and it was rend the third time nnd passed in concurrence. Uncrossed llillt. To repeal nn net in addi tion to chap. 38 C. S, relating to ejectment ; in relation to the maintenance of Fire Companies; in rolation to the duties of Ilaggngo Masters; to extend the charters of tho Swanton and High gate Railroad Co. ; severally read the third tune and passed. The Senate met the House in Joint Assembly, and on returning adjourned. IIOL'SI' ,, , . . , Utpoitt of ( ommillees. Ily the Committee on , ' ' i Printing in favor of printing 310 copies of the followmg bills ; m amendment of see. 5, chap.tV, C.S. relating to tho homestead ; House bill 103 , in amendment of the liquor law of last session ;1 relating to innkeepers, grocers and tho traffic in j ""u""'""8 ""t""13 a,,u ",ura i " nuuiorno tlio consolidation of certain railroads; tho bills were ordered to be printed. Hy tho Committee on Claims in favor of tin bill lo pay the Batten kill Hank; ordered to a 3d reading. Also, against the petition of the select men of Chester, for tho ro-payment of money, which was paid into the state treasury by an error of the V. S. Marshall in taking the census ; on motion of Mr Grandey tho report was ordered to lie. By the .JiidiirfajyQjnmiUcc, Jaiwably to tho bill mloi ing to the actions of account, with an amend ment, which was agreed to, and the hilt was or dered to a 3d reading. By the Judiciary Committee, in favor of tho bill relating to the levy of executions, with an amendment ; on motion of Mr. Grandey, tlip iili and report were ordered lo lie. Also, in fa- vor of the bill alterjug the name of Julia A. M. f The President ruled the motion in order, but Jackson ; ordered to a 3d reading. Also.agamst it was withdrawn at the suggestion of Mr. Row the bill in amendment of see. l.'lchip. 110 C. K, ' ell, at whoso motion tho Senate then adjourned. relating to tlic lee o! assistant Jin'gcs of Ihe lounty Court, mincing tt em loin $3.00 to .'.OO per day ; on mm ion of Mr. (ir.iy, the bill was dismissed, ayes r-H, nays 35. By tho Judiciary Committee, in favor of the Senate bill in addition to chap. 101 C. S, relating to the burning of buildings, with amendments, hich were agreed to and the bill was ordered to a third reading. lly the Judiciary cominitteo, in favor of the bill relating to depositions and wttno&ses, with an amendment providing that masters in chan cery nnd notaries public may issuo subpumas and tako depositions, &c; nftcr some, debate the amondmcnt was agreed to, and tlio bill, on motion of Mr. Field, was ordered to lie. Mr. Rice of Somerset was excuted from serv ing on the select cominitteo on tho petition for the re-organization of tho town of Mamfield, anu .ur. narrow was appointou to uu tne va- cancy. ,,,,,u,.,,,.!ai,0u uru,r!j0.u.BS3Buiuiy, the Senate canio in, and tlio balloting for Ser geant nt Arms proceeded wtth tho following ro suits : 3d 032 117 103 107 17 nil Zil 118 108 113 13 5th 232 117 105 117 10 Whole Number Necessary lo a choice Luther Cross Dodge W. Keith Scattering Dodge W. Keith was thereupon declared ejected torgeant at Arms. Tho joint assembly then proceoded to the election of State Librarian. Mr. Hartshorn nominated Frederick f, Hovoy. Mr. Field nominated Henry C Abbott. Mr Plympton nominated Georgo M. Fisk, and the ballots resulted as follows: let 2d 3d Whole Number 221) 233 231 Necessary to a choice 1 1 . 117 110 Frederick F. I Iovey 110 114 120 Henry C.Abbott 62 i)l 102 Georgo M. Fisk 27 17 . Scattering 10 8 0 After tho second ballot, Mr. Plympton with draw the name of Mr. Fisk, and seconded the nomination uf. Mr. Abbott. Mr. Hovey was de clared elected on tho third ballot, and tlio Senato withdrew. Adjourned. SENATE. TiioiisnAT, Nov. 10, 10 A. M. Prayer by tho Chaplain, Mr. Jones moved that the operation of the rulo in regard to tho transmission of bills and resolutions to tho Governor and thu other House, be suspended for lo day, and tho motion was agreed to. Mr. Stevens of Franklin, called up tho resolu tion from the House, in regard to the revision of tho criminal code, providing that the Hon. Steph en Royce, of Berkshire, tako tho place inado va cant by tho death of tho Hon. Charles K. Will iams, as tho committeo of Revision. Tho question being on tho passage of tho res olution, Mr. Coolidge said, that hi luu opinion mora than one mm should constltuto that com niitteo, tho subject being one of tho utmost Im portance, nnd beyond tho ability and learning of any one jurist in the State. Ho said this not be cause ho doubted tho wisdom of tho proposed committee, or would prefer any other jurist, but becauso tho dimensions of tho subject required, and deserved the conference and attention of tho most learned judges of criminal law, Ho moved that the resolution bo laid upon the tabic for the present Mr. Colt favored the motion, and tho resolu tion was ordered to lie. Hills inlroductd and referred. Ily Mr. Ste vens of Franklin, in addition to the act authoriz ing tho business of Hanking ; to the committee on Hnnks. IUsolutians. Ily Mr. Colt, to raise a select committee of three, to iiiquiro into the expedien cy of taxing corporations with b&nking.privilegos, with instructions to report by bill or otherwise; adopted. Mr. Stcyens of Franklin, called up tho report of tho committee on Elections, upon the memo rial of James Martin. Tta question being on the motion to recom mit the report with instructions to the committee, to report (he facia, nnd not tho evidence, the mo tion was lost and the question recurring on tho acceptance of the report, it was accepted and in accordance therewith the mcmorlali' t had leavo to withdraw, Mr. Halo introduced n resolution that Jntne6 Martin is not, nnd Norman Millington is, entitled to nsoat in this body as Senator from the County of Iletiuington. Mr. Colt, for the purpose of giving Mr. Martin a firthei hearing upon his second memorial, moved that tho resolution be Inid upon the tnblo AAcr considerable discussion by Senators Hale, Stevens of Franklin mid Denison against, and Colt nnd Howell favoring, the motion was lost, yens 10, nays lo. The question being upon the passage of the resolution, Mr, Wheeler called for a division of the question. The part of the resolution that James . Martin, h not entitled to a seat on this floor, was then unanimously ndopted. .... .. , ., Alter some further remarks upon the remain- part ,, rPS0tltln, Mr. Rowell moved ,t b(, referrcd ,0 collllniace Eleclionili Mr. Slevcns ofKr.nk,in roso t0apointof order ,ml Wjlo fcj , Veiliicnl Mnouncwl lhal ,im0 for bal,oling fof l()dl n ag Senalo ,roi.i .,. , .,. .,..,. , rr - j S. Senite, occasioned by the death of tho Hon. William Upham had arrived, the Senate proceed ed to ballot with the following results : 1st. Snd. 3d. 28 23 S3 15 15 1,1 8 8 8 a . i i 3 3 3 IS 10 If! Whole number NeceiBtry ton choice Daniel Kellogg Stephen Hoyco Lawrence Hrnuicrd - lScatturing After the 3d ballot Mr. Stevens of Franklin, moved that further balloting bo suspended until 3 P. M. of Wednesday nexv. Mr. Rowell said that the Senate could nut suspend action under a joint resolution. .Mr. Stevens replied that the precedents for so doing were abundant. HOUSE. Prayer by the Rev. E. J. Scott. Hills introduced and i efer red. Ily Mr. Walk er, in addition to chap. li C. S., relating to rail roads; to tho Committee on Roads, lly Mr. Shatter, in addition to chap. Sti C. S.; to the Ju diciary Committee. Hy Mr. liny den, to amond tho charter and increase the capital stock of tho Hank of St. Albans; to the Cominitteo on Banks. Ily Mr. Walker, relating to costs beforo auditors; to the Judiciary Committee. Hy Air. Matthewson, to repeal chap. SO C. S., establish ing the office of State Superintendent of Com mon Schools ; to tho Committee on Education By Mr. Bingham, for tho relief of Alexander, John B. and William G. Seaver; to tho Commit tee on Claims. By Mr. Fish, of Wost Haven, in addition lo the act incorporating tlio Rutland & Whitehall R. R. Co.; to tho Cominitteo on UMja. y Mr. K,iaftc. t0 proviJu for tll0 Bjop. Lion of persons nnd change of names; to the Co,nmitlco 0 Vlmlms. i,y Mr Uooi, ing for additional taxation of bank stock ; to tho Committee on Hanks. By Mr. Richardson, to constitute u now county by tho namo of Cum berland, to be oomposod of certain towns in tho counties of Windham and Windsor ; to a select committeo of five. Petitions rejerrtd.ny Mr. Dodgo, or sundry persons for a now county, and by Mr. Richard son, of sundry portons fur tho same purposo; to tho tolcct cominitteo raised on this subject. Iltsohtlwns. By Mr. Adams of Milton, to in struct the Committee of Ways and Moans to enquire on to the expediency of reducing the salary of tho Circuit judges ; adopted. By Mr. Judevine, for evening sessions after Monday next; on motion of -Mr. I Use ol Somerset, ordered to lie. 1'tlitions ffc referred lly Mr. Banorofl,of suu dry inhabitant of St. Johnsbury, against the pe tition for tho division of the village, of St. Johns bury ; to tho Committeo on Roads. Hy Mr. Glcasou, of E. I). Mnsou and others, against the annexation of a pirt of Richmond to Bolton ; to the select committev raised on this subject. By Mr. Smith of llarre, of T. Somomllo and othore, against tho annexation of any part of Fayston tu Waitsfielu ; to tho select Cominittuo raised on this subject. F.ngrosscd Hills. To tucorporato tho Vt. Marble, and Soapstono Co ; in addition to nn act relating to actions of account; severally read tho 3d time and passed. To incorporato tho West River Academy ; after somo debato by Messrs. Walker, Grandey, Rico of Somerset, Walton, Shatter, Hayden, Barber, Adams of Milton, and Penne, tho opposition to tho bill be ing upon thu ground that a special act is unnec essary, there being a gcnaral law under which the corporation may bo organized, Mr. Saw yer moved the previous question, and tho ques tion being upon seconding the motion, it was re jected. Pending the consideration of tho bill, the hour arrived for the election of a V. S. Sena tor, pursuant to a joint resolution to that effect. Tho usual incssagca were exchanged that each VOL. XLVir, Ilouso was ready on its part to proceed to said o lectlon. Mr. Barber nominated L Ilrainerd, Mr. Washburn nominated and Mr, Grandey seconded Jacob Collamcr, Mr. Plympton nominated and Mr. Rico of Somerset seconded Daniel Kellogg, Mr. Judcvino nominated and Mr. Bradford sec onded Oscar L. Shatter, Mr, Jones of Coventry nominated Portus Baxter, Mr. Hatch nominated Carlos Coolidge, Mr. Hartshorn nominated Charles Davis, nnd Mr. Follansby nominated William II cy wood Jr. The ballots resulted as follows ; 1st 2d 3d 4 tli Wholo Number Necossary to a cholco 208 210 210 211 105 100 100 100 Daniel Kollogg 75 Jscob Collamcr 05 Lawrence Ilrainerd 22 Osoar L, Shatter 21 Portus Baxter, - 0 Charles Davis i 60 03 10 25 81 05 10 27 1 4 81 CO 13 33 y '3 William Haywood Jr. 3 Carlos Coolidgo 2 3 7 4 David M. Camp 1 1 1 A. 11. Judevine 1112 William C. Kittrcdgo 1 1 A. L. Miner 1 Paul Dillingham 1'. T. Washburn 2 2 F. D. Sawyer 1 Samuel S. Phelps 1 1 James M. Slado 1 Chauncey II. Hayden 7 Thomas IJ. Powers 2 II. N. Whito 1 13. I). Washburn 1 Cyrus Carpenter 1 After the first ballot, .Mr. Follansby withdrew tho name of William Heywood Jr. After the fourth ballot, on motion of Mr. Grandey, tho House adjourned. SENATE. ArTEROO.f. lleports of Committees. Mr. Millington, from tho couiuiittoo on Manufactures, favorably re- ported Ihe bill from the House to Incorporato , tbe Island Pond Lumber Co. : Mr. Bailey, from the simo committee, favora ( bly reported the bill from tho House, to incorpo ' rate tbe Pitteford Iron Co. Mr. Witters, from the same committee, repotted in fnvor uf tho hill j from the Home, incorporating the Vt. Copper j Mining Co.; nnd they wore severally road the 3d I time and passed in concurrence. i ! Mr. Coolidge, from tho committee on the Ju diciary, reported against tho bill to alter the common law in relation to Pleading, allowing tho plfl'. to join debt, assumpsit, and covenant in tho samo action. Air. Stovons, of F:v5Jtrrt, moved tho indefin ite postponement ol the bill, which motion pre voilod. Mr. Coolidge, for the committee on tho Judic irny, reported in fovor of tho bill from tho House in relation to actions beforo Justices of the l'oocc, ami it iv&a read Urn 3d tunc and passed in concurrence. Mr. Watson, to whom was referred tho bill from tho House, altering llio town linen of Urighton, Wheclock and Ferdinand, favorably roportcd tho same, and it was read tuo 3d timo and passed in concurrwoe. iVj introduced antrTefAred By Mr. Hale, to extend the charter of tho Bank of Caledonia ;to the Committeo on Banks. By Mr. Howell ex tending the charter, and enlarging thu Capital stock of the Bank of Vorgcnnos, to tho samo committee; by Mr. Stone, relating to locating the County buildings in the County of Wind ham ; to a select committee. By Mr. Denison, in addition to chapter 07. C. S. relating to Divorce ; tu tho Committee on the Judiciary. P.ngrossed bills. 'To incorporato tho North field Bank; in addition to chap. 31, C. S., enti tled of desposilioiis nnd witnesses ; in relation to subsequent attaching creditors, were severally read tho third time and passed. Mr. Witters presented tho rcuioiitranco of Hiram Hall and others, against tho annexation of part of Richmond to Bolton, and it was re ferred to the select committee on that subject. The bill relating to tho Police of towns, and thu bill regulating proceedings in civil actions, which wore laid on tho table to bo printed, wero referred to tho committeo on the Judiciary. Tho Senate mot tho House in Jc int Assembly and on returning adjourned HOUSE. Thu House resumed tho ballotings for U. S. Senator with tho following results ; .Ith 0th 7th 8th Whole Number 11)7 202 201 Neceavtry to a choice !X) 10J 103 Daniel Kollogg 78 70 81 Jacob Colluuier 71 71 78 Osoar I Shatter 25 21 25 Liwrence Ilrainerd . !) 12 11 Portus Baxter 3 1 Carlos Coohdgo 2 2 1 Scattering 0 10 8 05 103 82 eo 25 11 1 0 Dlh 201 J03 80 78 25 12 !) Hartshorn U hole Number Necessary to a choico Daniel Kellogg Jacob Collamcr Oscar Ij. Shatter Lawrence Ilrainerd Scattering After tho sixth ballot, Air. with draw tho name of Charles Duvis. Tho result of the Oth ballot having been declar ed, tho Sonato camo in, it being tho hour to which thu joint assembly for tho purposo nf hear ing the report of tho cominitteo appointed to can vaas tho votes fur county and probate officers and justices of thu poaco stood adjourned. Tho canvussing committeo nmdo a further report. Tho report of tho committee for tho county of I.amoiIlo being under consideration, and thero being somo dispute as to tho election of .State's attorney, Mr. Bingham moved to re commit thu report to the committee with instruc tions to ro-oxamino tho testimony, and rejwrt n statement of votes for State's Attornoy in the town of Alormtown. After somo discussioui by .Messrs. Grandey, Stevens of FrankluiJ Hartshorn, Soule, l'lyrnptoii, Stone, Rowell,, Dcnnison, McLean, Adams of Milton, and Washburn, cs to tho power of tho joint assem bly to decide upon tho elections of county offi. cers, tlio motion prevailed. On motion of Mr. Miner, the joint assembly NO. 52 WHOLE NO. 2157. then adjourned till Wednesday nexfat 3 o'clock P. M, nnd tho Senate withdrew. Mr. Field moved that Iho balloting Tor U. S?" Senator be postponed till to morrow roori 10 o'clock A. AL, when Mr. Washbtiri to amend tho motion, by substituting day next at 10 o'clock A. SI. Pending this nio. lion, and a discussion as to the power of tha Ilouso to postpone tho balloting, on motion of Mr. Barber tho Houso adjourned. ' SENATE. FridaTj tfort-11, 10 A. M. Prayer by the Chaplain. A bill to incorporate tho Wost River Bank, was introduced and referred to the committeo on Hanks, yesterday, but was omitted in the report.) Tho Senate spent tho entire foremon in Joint Assembly, and on returning adjourned, , 4 house Prayer by Itev. Eli JJaTloti. Hills introduced and referred. By Mr. Dudlcy , relating to the measurement of lumber, provid-j ing for tho appointment of a measurer of lumber at the annual March mcolinga ; to tho General Committee. By Mr. Field, to roncal thn nrt dividing the town of Montpelier ; to tho members iron, w aslunglon Co. Hv Mr. Soule. tn ren,.! sec. 30 chap. 02 C. S. relating to ostravs ; tn ih, Judiciary Committee. By Mr. Barber, relatinsr to records and files of Court lost nnd destroyed ; to tlio Judiciary Committee. By Mr. Wordcn, in additi in to an act approved Nov. li, 1852, re lating to pounds ; to the General Committeo. Hy Mr. White of Whiting, relating to banks ; to the Comniitteo on Banks. By Mr. Barber, regulating the traffic in intoxicating drinks; to tho Commit teo of Printing. By Mr. Adams of Sherburne, in amendment of chap. 60. C. S relating to tho grnml list, exempting from taxation nil articles ofpersonal property that are now exempt from at tachment ; to tho Committeo on the Grand List. Hy Air. Spencer, to incorporate tho Castlcton, Hotel Co.; to tho Committeo on Manufactures. Hy Air. Dwincll, dividing the funds arising from tin grammor school lands in Orleans Co.; to tho Committeo on Education. Tho printed act to authorize tho consolidation of certain milrnr,.! .companies was referred to the Committeo on j Roads. Hy Mr. Phelps of Rupert, in amendment j f the liquor law of last session ; to the select j committee on this subject Petitions referred, -lly M. Field, of T. G. W.' Farr, and others, and of J. II. Hastings and oth ers, for the nnncxation of n part of Fayston to Wnitsficld ; to the selo ct committee on tho sub jeet. Ily Mr. Weston, of V. M. Pini'rcy and others, for a new county ; to tho select commit too on this subject. Mr. Gillillan had leave of absence nftcr .Mon day next, in consequence of the sickness of his family. The hour having arrived for tho joint ossein-, bly, the Sonato camo in, nnd the joint assembly, proceeded to ballot for second director of tho' State Prisoti. Mr.Rico of Somen-ct nominated. Jarvis F. Burrows, .Mr. Judcvino nominated and .Mr. Hartshorn seconded Georgo W. Bailey, and tho ballot resulted as follows: 3d -llh 230 110 lit) 74 Whole Number 223 Ncoessary to a choice 1 1! Geo. W. Bailey )7 Jarvis F. Burrows 7i! Scattering 50 37 .Mr. Hailev wns therennnn lee!.irn,1 nlnm,! j Thomas F. Boguo wns tltpn unanimously elected ' 3d director of,tho Stato Prison by a tica voce vote. I '1 ho joint assembly then proceeded to ballot for Commissioner of tho Insane. Mr. Barber I nominated Moses W. Davis, Air. Judcvino now 1 inated P. 0. Bradford, Air. Grandov nominated Marcus O. Porter, and Air. Plympton nominated Charles Clark of Townsoud. The ballot resulted as follows ; 1st 2d Whole Number 222 219 Necessary to a chc-ica 1 12 110 Alnrcus O. Porter 1K1 105 Charles Clark (XJ (jfj Aloses .M. Davis a3 31 3d 223 112 112 08 31 r. i;. llradloril 8 5 Scattormg 0 ) J After tho second ballot, Mr. Bradford with drew his name, and seconded tho nomination of Air. Porter. Mr. Porter was, upon tho 3d ballot, declared Commissioner of tho Insane. Mr. Plympton then moved to adjourn till tomorrow at II o'clock, which motion was lost. The joint assembly then proceeded to ballot for Adjutant and Inspector General. Air. Glea son nominated Heman R. Smith. Mr. Barber nominated and Mr. Plympton seconded John McLean. Mr. McLean withdrew his name, when Air. BurrowB nominated and Air. McLean seconded Lewis S. Partridge. Air. Barber nom inatod Alexis F. Smith when Mr. Smith with drew his namo and seconded the nomination of Heman R. Smith. Air. Barber then nominated Hiram D. Smith, when Air. Smith withdrew his namo, and seconded the nomination of Heman R. Smith. Tho ballot resulted ns follows : 1st 21 220 111 105 105 3d 227 Hi i8 no o 5 Whole Number 221 Neceary to a choico 111 108 105 1 1 oman u. annul Lowis S. Patridgo H&-7,illBi Davnnnort Frederick W. Hopkins Scattering, 8 After tho first ballot Air. Barber nominated Barullai Davenport and Air. Fox nominated i W. Hopkins, .Mr. Patridgu was uiwn tho third ballot declared elected. Air. Powers moved to ml loom till this after-. noon at 2 o'clock, which mutton was rejected. J ho joint assembly thou proceeded to ballot for Quarter .Master General. Air. Doan nomina ted flnonro Granduv. Air. Field nominated, and Air. Rico of Somerset seconded Abram Foot, and tho ballot resulted as follows ; 1st Whole Number 220 Necessary to a choico 1 1 1 Georgo W. Grandey 125 A bruin Foot IK I Scattering, ft Air. Grandey was thereupon declared sleeted. The joint assembly then proceeded to ballot for Judge Advocate General Air. Hartshorn nom inated Samuel W. Slade, Mr. Barber nominated and Air. Plvmnton seconded Lvman P. Whllu. - - - -1 and the ballot resulted as follows ; 1st 2d Wholo Number L"7 Q2l Necessary to a choice 111 1 15 Samuel W. Slado 105 101) Lyman P. Whitu 1C0 107 Scattering 22 13 ma at-, , JF Jf w p. 1 . t If! - 1V