Newspaper of Burlington Free Press, November 11, 1842, Page 2

Newspaper of Burlington Free Press dated November 11, 1842 Page 2
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ADDBESS by the council ok censors. To tht Vecincn of Iht Stale of i'crmontt The council of Censor, chosen on the last Wednesday of March, 1811, pursuant to thu forty third section of the constitution of llio slate, about tu eloso their official labors, present to the public the result of their deliberations in relation to the various subjects which havo occupied thcirnttcntion durinc the past year. Among other things, it is made tho duly of tho Council to ennuire whether the constitution has been preserved inviolate, in cery part, during tho lost septenary I whether tho legislative and executive brunches liavo peribrmcd their duty as guardians of the people, or assumed to ihrinsefvti or exercised other or greater powers than they are cntitilcd to by tho'cofistilulioni whether the public taxes have been uslly laid and collected in nil parts of tho stato in what tn,inncr tho public monies havo been disposed of, and whether the laws have been duty CTCCutcdj KiM Iheyaio empnwerel, alsii, to propose alterations snd nmcndments of tho constitution, and to call n convention to consider stub alterations and amend ments as the Council may deem it expedient to pro pose. Ye have examined the various taws upon the slat ulc book, and believe that with few exceptions, they havo been enacted with a duo regard to Ihe provis ions and limitations-contained In the constitution. Duly, however, canslrninrd us to call the attention of the legislature to that portion of the militia law which related ts tho government of the militia when r.ni in actual service, and lo pronouncu llio part of it, which empowered the ofllcors of militia to impose nnd enforce the colleclion of fines and penalties by lavvmiiriial, and without tho liclit of dial by jury, to to bo in coiittniention of the seventeenth sccliin of the first chapter of tho constitution. That section declare - that ''no person in this slalo can, in any ease, bes subjected lo law-marlial, or to any penalties or pnins hy virtue of lint law, except those employed in the army and the mililhiii actual service.' believing that Ihe law authorizing the imposition of fines by courls-nmrti-il for military neglects and olli'tices, at ordiuaiy milith trsinini!, was directly in Molnlionof thealiovo recited nrliclo of the cim-tittttion, wules pecifully recommended to tho legislature its repeal or mollification, and we nregnilifi'd lo find that the laat legislituio Ins so far amended this law as to repeal the objectionable parts, nnd to give thouccuscd a trial before llio ordinary civil tribunals. Tho Council have directed their earnest considera tion to tho tmiuro of ofKco now given lo the state senators. On viowinj the several departments of legis lation, nnd ilia purpose of each branch in itsaction, as a law-making power, wa are struck with llio impro priety picsculeu by therelnlivo periods for which the dfi'e,'atcs to the scveial branches nie respectively appoint!. With the piesent mode nf election f.nd limitation of tin ir services, it is but lit tic belter than giving the whole legislative power to a single I ody of men. They nieall elocleJ by the people at the samo time, and lor the same period. They go into oflice on tho same day, nnd their public seniles terminate tt the end of iho ycir. As the members of the houe of Representatives eonio fiom every town in the state, and aie elected for one lessioti only, it csnnot, from the very natuie of lhocae, bn uthtivvio lhan that there should be, in main-of them, n want of ex perience in legislation. In so numctous a body there will always bjo liability lo huh excitements, and, ns n con'oririice, lo inconsiderate legislation. And, whenever on improper exritement, of a political cast, arises or exists amongst ihe people, it will bo commit-ni-aicd to, nndc.irned out by iho legislators in their official transactions. Tiieohj-ct of a Senate is lo establish a niorocxpo-ri-neeJ,. deliberate, and independent body lhan the House. Such a body, in Ihe process of law-making evperienco basshow'n to be absolulelv neces'sry. But, as 'Minors and members of tho Uouss are now elected for the same term of unto, and ns Ihe Sonnto are a less numerous body, and dependent, in sonio I iiicjs ii r, iur a rc-ciecuon, upon inc represe nianvci ol their respective counties, h hn mav bo nremned in exercisi- an inllucnce over lheirele.'lio:m, u is believed that they cannot possess the indenendono icq'iiilo to n proper revision of the proceedings of the House of Ucpicsenlalivcs. In order to secure this important object, thoCoun cil of Censors have recommended nn "amendment of tho conslitulion, by giving lo Ihe Senators an official term of three years, and so classifying ihcm , as to have one tbild go out ol oflice at the cxpiralion of etch year. Wo consider this the more necessary, inasmuch ns tho executive department has no other power over the enactments of law, in his duty of re vision, than to return them to the body in whicli they originated, with his objections, after which, notwith standing theso objections, they may become the law of tho land by a vo:o of a majority, only, of each bouse. The Senato ouirht lo possess a denrse of perma nency amhstnbility of office, in orJer to prevent the necessitvof the intervention of theex.cn live veto, a I M A'' J''V tlsotcoplo m 1,1. Jealous. rid its exercise generally wilh niaikcd disapproba tion. I'y giving lo Iho Senators a term of three years, you placo them beyond Iho influence of tho sudden excitement of the day, nnd yet !eac them sufficiently responsible to their constituents. It is believed that, in selecting candidates for tint offico for the term of ihrco years, more rare wdl be taken to Becuro men worthy of the trust, than wIiih the te lociijn is made to lilt iho ulliec but for the term of one year. Hy a division of the .Senate into three classes, by which a portion only will go out each year, there will remain a majority of old iirmheis, hy whose ex perience the new ones will 1 n great';' benefitted, nnd tho whole together will form a salutary check upon iho more numerous branch of the Ifgislat rc. l!o Eid.s llu Senator for three years will find a greater obligation resting ucon himself to become acquainted with llieduiies of his station, than if lie wero appoin ted but for n single session, of four or five week1. As his services nnd attainments will bo known nnd ap preciated hy his constituents, su will hn be stimula ted lira (audible am ntioti to qualify himself for a I iliuiiii ail. i iiiiui.iijiu ui?i.iiuiL- u, ma iiii'ui kiiii uu- j ties assigned him. Thus will the conservative power oftho.-cintobemarlotoopcrnteiini)nthe"overniueiil, onu inus win inui uszreu m mduuiiv in uiu iia uu preserve!, m highly necessary in securing the liberty an. I prosperity o: tne people. Tho Counril have had in consideration tho Judicial system of the slate. They havo much lo nil mire in the organization of ibis system. The plan of com bining the supreme with the county courls for the tri al of issues of fuel, so far ns to nKSorials a j'tdgn of the supreme court, has proved by experience lo fulfil every purpsse which its most ardent ndvocales rould have anticipated. The great improvements which Ihe adoption of this system has introduced in the ndinin isiratiou orjuslico must be apparent lo nil who will compare it wilh the svstom by which it was preceded. Hut this Council believe tho tune has nriived when nil additional advantage might bo obtained by giving lo thejudgesof the supreme court n arealer deireo nf in dependrnee. This should bo done by enlarging the tenure of their office. As this is a subject fixed by Ilia constitution, nnd cannot, like the organization e.f courts, come un der the control of legislative enactment, it necessa rily devolves upon us lo recommend such nn improve ment. On Iho best reflection wcenn give the subject, connected wilh Ihe prese nt improvements of the npe, we cannot do our duly lo Ihe Hate, without, at this time, reconiiiiendiuz an amendment of the consiilu. linn so ns to givo lo il.e judges on offiee to bo held by them seven vears from jho .date of iheir respective elections This proposition has been brought into fa vor with llio Council by considerations, some of which w will mention. In no stale in tho union, wilh the exception nf Vrr montand Rhode Island, are the judges of the highest court elected annually, n The appointments beiug made hy the joint ballot of the iwo houses of your legislature, ii heroines high ly cecessary to place the suprems judres beyond the encroachments or that body. Wc cannot e xpect nn impartial and secure administration or the laws, with out conferring upon ihejudgcs'an independence which eia never he realized under appointments onnuully made by the legislature. The judicial power should be separated so far from the legielolivo and cxecuiive, as that neiilicr thould exercise the duties appertaining to the oiIit. l'.arh should be independent of the other. Neither should encroach upon thu oilier i aud,ns tho judicial is n weaker body, it should in 'lie exercise of lib functions, lie rsiieicreii as inuepenueni oi uic outer ns circum stances will admit. It is anailributeofthe supremo judicial tribunals to judge eif tho constilulionalily of all laws passed by 1I1C If gisimui t. mirii piu)ci i) iiiuiiyn I in iwiiciy uc fore them. Thev nro nlwavs to ren ird Ihe consiilu tionnsTlie fundamental law of tho land, and superior to any leaislativo enactment. Consequently, if the liw is not warranted bv. or is rcnuunint lo. Ihe nro visions of iho constitution, ns is sometimes Iho ense. the iudrres are bound to pronounce it inoperative and void. Can it be expected that judpe', dependent ev trv year upon ihn legi.laliiro for Iheir appointment, will possess the necessarv firmness tu judge over the heads oflbsl body, and declare their enactments voidl The observation of evcrv onrt. who hns attend ed to this subject, proves lhat thecontraryeflect js the re. sun, This Council, then, arofullvnf thooDininn lhat. to secure talent, experience, fidelity nnd independence, tbe tenure of the office of thejudgcj should bo enlarg ed. Yet, it may happen that the juJge may prove him self incompetent, or of a temperament unsuitable for so high a Irmr, and still not subject him to impeach ment a mode of trial extremely delicate, and one whicli should be resorted lo wilh great reluetsnce. Tha Council, have, therefore, recommended the prin ciple of removal by resolution, on a vote of iwo-third of each of the Houses of the Legislature. It is be lieved lhat this will give a sufficient power over that judge who proves to the people, by his officisl con duct, (hathe is unworthy of iheir confines. The subinot or altering the timo for holding frte mtn't mteMnir.and the sessions of llio Legislature, has boen brought to our notice by urgent solicitations of individual from vsrioui psrls of ihe state. Theilms for holdinvfriemen's mectlne is aliened to be too early u th sraiou, especially for the accommodation of the farmer, at it most gcnsrally atrivis before ho has completed bishatvest, nnd thecarly day of election not infrequently prevents a full attendance of the freemen at the polls. As a remedy for these Inconveniences, wo have seen fit to propose In tho people, for their consider ation, the second Tuesday of October for the holding or freemen s meeting, and the first Thursday uf Jan uary following for tho convening of tho Legislature, given to that hody the power to appoint, by law, n elilleronl day, for the meriting of the Legislature, if deemed advisable Whether this is called for, is a question for your consideration and decision. rho inannerofsppointmcntof tho nftlrers of the county hss been uracil upon llio Council from var ious prts of the stato. Strong objections nro made lo iheprctntmodofelctingthesolocal officers by tho I.egislaliiic. The candidate cannot bo supposed lo be personally known to the few of that body. Con sequently, Imposition and intrigue have too frequent ly had more to dn than merit in the appointment of jliesc officers. The Council, therefore, havothought it advisable to givo theso appointments directly to the people, who will be best aequninled with the qinltfication or thoso who are lo servo ihein, and will he belter enabled to select, and ns well inclined to appoint tho best men to office, ns the body whoso du ly it 'now is to makotlicse appointments. As, in a free government, nil appointments to of fice, as well as all laws, proceed directly or indirectly from the people, it cannot well be denied that as far ns procurable, these powers should bo rclaincd bv them. The Council, therefore reommend that tho i leclion of sheriff nnd high bailiff bo given to the freemen of the county. These are executive officers ol tho county, clothed, in Iho execution of theirduties, wilh Ihe power to control, not only the properly, but the persons ofindiiidiinls. Theirauthority is confin ed to ami pervade Iho country, nnd their appoint ment ought, thoiefoic, not lo be taken from' tho peo ple of the country. In rcanrd lo the appointment of justices of the peace, by the freemen of their respective towns, al though llio oflico is for the county, yet, ns Iheir ser vices are moslly confined to Ihe town in w,jc, t1(,v reside and inasmuch ns, in llio one ease, they will be personally known to over v elector, nnd in Iho other (if elected hy the county) will boktiow'n to but few, it is the opinion of llio Council that lbs whole public in Itrcst w ill lit- bntcr uliucrrri by giving ihe appoint ment of the justices of Iho pearo to the irrcmennf the town in which they reside, than in anv other way. We have, therefore, proposed nn amendment of the constitution giving the appointment of this officer directly lo iho freemen of Ihe town j nnd wn have likewise ircommcnded that Iho number of justices, tpbcappoinled for each lown--be somewhat inpropor tiin lo th" number of inhabitant's nf e.irli iwn-im one town being allowed more than twelve. vveliaveproposcil nn ninendrncnt to the tenth sec tion nf the second chapter of the constitution, nlterinfr tho mmncr of making returns of votes given fur (iovemor, Lieutenant Governor, and Treasurer, au thorizing Ihe several presiding officers over the sev eral freer-sen's meetings in this stnto to forward n reriififslo of the number given, without transmitting liir O'llloltj UiCIIIECIves. Under the present mode, considerable lnrnnvn. ience lias been experienced, whilo it is not known inni nnv ncnetil liss ticen derived. Tlie ccrtifiealu of the officer nlonc has been nil tlio evidenco required by Iho canvassing committee when ascertaining the nuinb"r of voles east for the respective candidates. The siilij"Pt of abolishing iho Council of Censors, and stung ihe power lo propose amendments of the ronstitu'ion to ono or more branch's of tho Legisla ture, Ins brim presented to tho deliberate conspira tion ol th'S Council. It has been urged that it would be an impnrlant saving or expense to the slate, nnd tint the other duties of the Council, as now prescrib ed, lime, by the progress of improvement, in the !e';:s!aiiie and jidicial departments of the govern mnt. b-come unimportant and useless. Dut, of cr n full riiseus:on of the subject wo have not judged it expedient to recommend: the abolishing of that body. We hive rcsson to apprehend that if the pow er to propose amendments of tho constitution were exereisf d by one or both branches of ihs Legislalmc 'horo wslIi! be no saving of expense, considering the nniuiirii wimi'i iiius re orci pi ci t y inoio undies tint partv nohties would ton often mix niib th !;. cushions, and influence the decisions in rslalion to the prnprinK of amendment. Th Council have seen fit to place before you, for your consideration and decision, one other proposal of amen l.nent of llio constitution. Thi relates to the forty-third section of the second part of that in strument. We prnposo so lo alter anil amend the sjclifin as to givo directly lo tho reople the adoption or rejection of such recommendation of amendments to ilia constitution 83 shall bo proposed by the Coun cil of Censors. This measure will place the question of amend ment before each individual, who will ho dependent upon no one for the esprcsion of his opinions. It commyndilclf to your favorable consideration, be cause it is in strict conformity with Ihe first principles of a republican governmrnt. The constitution is tho giound work of the law of tho land, and, ns sii' h, should proceed directly from llioso w ho oto hound I y it. Thisislhe charier by which all the departments ., " " ' ," ,nf ' "V" S.u. ftK wVSor? nd'no 1"' The pS have a right to niter or nrnerid the constitution to promote their welfare, and lhat right isinaiienab'e. A right so vitally important, which can with so little inconvenience be exercised by ihe freemen theinscltes, should never be entrusted to others. Tho power to propose nmrmlinf nts must neces sarily be delegated to some seleclbodv. In llio dif ffrcnl Hales, ditl'-rrnt rules prevail. In some, it is given to llio legislature, under certain restrictions i in others, to a convention elected by the people j in oius, ton convention elected nnce in seven years. Iiul llu power oforlnptingor reiectinj ought always to be vested in the fiermen themselves, nnd nn opportuni ty is now oflered lo the people nf Vermont to assert nnd secure for lhrmiesnnd posterity, this most in valuable nnd inalicnabln ri.'ht. In ireohinr to ra'l a convention, we liavo aclcd npen tlm full bel'cf that ihe rigVits and interests of our fellow ri: V"s will be advanced hy the adoption of tliesenme"diiirnts. The pve-nlrro,.osals oT nmendment are so frnmed ns in lea' e it in iho power of ihe convention to ndopt any one or more of tham, without adoptin, lite outers, Ami we submit to our fellow citizens tho result nf our hhors wilh full assurncp of your candid and impartial examination, nnd with entito confidence thai yourdecision upon Iho severnl amendments pro posed, will bn such ns lo ptomote (he wclfure and rosprruy oi uiesiaie. VERMONT LjSUTUjm' SRNATK. WEDNrsDAr, Nov. 2. Dills, In sddilion to chap. iiO of It. S.. rola- tiny to bridges a:.d tho duties of ltoad commis sioners, icjiorlcd by Mr Siiiallny, and ordered tu be engroesed for a third reading. In addition tout) act incorporating the Windsor Co. Mutual Fire In.'urancu Co., reported hy Mr. Field ; read a third time and passed. Relating- to trustees, called up by Mr. liutler j amendments consid ered in c'liiiiinttee'of the ivlio!i reported and adopted by the Senate, and the hill, as amended, urdercil to Le engrossed and read a third time, haying a tax tijmn the county of Chittenden, to defray the expense of erecting a new jail : Mr. Sinallcy called feir a slntemont of fdrts in tl.o case, which were communicated by Mr. Dilling ham chairman ul llio committer, lending to show that humanity and security rcejtiiio tho free, lion of a new' jail. Mr. Snmlley related other and important facte in favor of passing tho bill. Mr. Fiench feiiid lie was in favor of erectinir a new jail. The only conflict of opinion upon the nub. met crew out ol a uillerpilcoof opinion as to its location, and even if located at the extremity of ene county, a now jnu wan uceneu Dill uruei'CU to tie esuciotkcil anil read a tlinu tunc. IIOUSI; Wilt introduced, lly Mr. liailey of K. lo approniialo llio coiicral school fund lo tbe nurnna. cs of state revenue, referrtd to Committee on IMuca- lion. Jlcfoits, Uy judiciary committee, hills in addition lo IViinington co, M. V, Ins. Co. net j in relation lo U. S. Uepotila money, (lequiring annual reports from the trustees s) both ordered to a third rending ; thai it is inexpedient to legislate in reference to chap. 1 It. .S.,fce. 1C chap. I, and sec. 23 of clmp. 10ti. Hy committee on I'duention, bill in relalion lo U. S. sur plus revenue, districts obliged onlv lo rniso sufficient money by tax lo be luilicieiil, wnh the income of Ihelund, lo support their schools,) dismissed : bill in nltemlion uf sec. 32 chap. IB K. H. (division of sjcuooi mnu to uo nn ine Ibi ol .Marcli,) dismissed. Hy committee on I'jnks, bill reducing capital slock of ihe Bank of 1'oullnev ; opposed by Mr. Daniels, supported by Messrs. Harrington Maker, Wardncr, Tracy, nnd I'etiibone, nnd ordered ton third reading. HOUSK Ihdurtion nf Solaria, Mr Kice called up the bill in addition to thnp. 107 H. S., nnd moved lo amend bv striking out the Seeroin TV nf flm llnu. rrnor ainoiig the I'm ol those whoso nav is fixed ni per day ! agreed (o. Mr Vilas moved lo rtduro the salary of the Secretary of Stale lo 8150 j hill and amendment laid on (lie table, and made the order for lo-inorrovv afternoon, ISankqfMonlptlitr Mr. Peck called up the bill iclnling to Ihe bank of Monlpehcr. Mr. Daniels moved to dismiss it. Mr. reck' supported the bill, and a motion to dismiss was negatived, 105 to 23. Amended by limit. ng tbe lime for payment of second instalment of stock one year, when Mr Kice said, out of consistency tha House should reject this bill, as they had the first bill in reference to Poullucy LOI1K. Mr Peck said there was a difference in the two ca sesi the Pmdlney Sank had too much capital, while fur ordinary times the flunk of Montpclicr had no moro capital lhan would be needed. 'Iney therefore sskcu, not tor a remiciion oi capital, out an extension ot nine lor paying it in. in tlicso views ,"lr llnrring. ton concurred. .... ...i.h du.m imiuunn, i.i.ii ia biimii ij,j,ui, already had the largest circulation of any in ihe Mr n. ;.!, ni,l ,1,;. I....I, ,.,:.u :. ...n state, nuu ue was lor compelling u to pay in the cap,. 111. Mr Tracy opposed the hill t for one, he would not vary ons jot or lililcof thebanlingact of 1810, and no vtsrncu tut noun mat u u paiaou tins lull, it would ha but nn entering wedgo which would result I in overturning all tho salutary guards imposed by the act of 1810, and llirovvingtis back upon Iho old miser able and rollcn system which had disgraced this as well as other slntes. If llio Bank of Montpclicr did not wish to uso all its capital, then let it ask for a re duction of capital. That ha was nsready to grant ns he was in i tho ease of iho Poilltncy bank. Mr Ktiih thought these consequences would not by any means follow from this bill, and urged its passage. , Mr Davis, of N. said ho believed that what was in Poullncy was fish lu Montpclicr, and ho was against this bill. He wanted lo keep the curb on the banks: nnd it was ennnlv iti nf rntrnf" -,---"' loiiahi individuals "give them an inch and they will take nn til." Mr I'eltibona said there was no uso of putting reins upon n horse whicli troufeZrun away and smash Ihocarraigc: at any rate (lie reins should have been put on long ago upon some of the banks, alluding to ihe slate of tome of ihe banks, as reported by the bank comnmsioncr. The great difficulty of our hanks generally is thnt instead of being constituted o" capital, they wero used lo nieiiiiiiciire capital, and he wanted the reins put on hrad that the banks should be compelled (o havo their capital in their vaults, and thai tho samo men who furnished bank capital should not also bo hank borrowers. He ap proved the mode tf conducting the hank of Mont pclicr, and sustained the bill) it would be hard to compel this community in these times, to pay in the additional portion of llio stock. Ho referred to his former course on thollssex bank, which had been pioved clearly right by subsequent experiencei as those must acknowledge who entirely elilTercd wilh him at lhat time. Among thcni had been the penile man from Woodstock, hut he had no more to say of his comae iindlli.it of others on that occasion, than that " thev knew not what thev did." Mr Tracy said that he did not choose to discuss the insolvency ot this or that bank, or the I.ssex bank question, or the hank reports of the gentlemen from Manchester behoving they had no moro to do wilh this question than had Nicholas Uiddlo's opinions about hard times. The real Question hero was. whether. the House would fritter away nnd relax llio provisions oi lucactoi idju. icver wouiu nc con sent to it. He proceeded lo stato his objections to the bill, rtnimking that in this case the bank had had lime to comply vviili the law i its stockholders knew their dut and it was not lo ho tolerated lhat the v should neglect thatduty, and then como in here and ask lo be release I. Mr Keith replied, urging the hardship of this case, ihe necessity of giving llio tehef asked, and arguing thai no danger could ensue. Ho was in favor uf us ing the curb, hut not iinicisonahlyi when the horse was docile, ho was willing lo rulax the curb taking care, however, lo keep it ready in case of necessity. Mr Canfield followed on the same side, and the bill was rejected on the 2d reading ayes 57, noes 147. Mrl'ec'e llien introduced a bill reducing the capital slock of tho bank, which was referred to com. on Banks. SENATE. Tiichbdav, Nov. 3, 1S12. llcsotutiontHy Mr K. Allen, providing for ad journment without day on Thursday next. A mo tion, by Mr Camp, to lay on tho table, was negatived 11 to 11, when Mr Inllingham moved an amend ment, striking out Thursday and inserting I'rida (of next week.) Amendment adopted, nnd on mo tion of .Mr. Dillingham, laid on the tsblo nnd mado the order ror Saturday morning next. Sir Hriggs called up the Houso bill dividing the Stale into Congresionil districts, when Ihe Senate went into commitieo of tho whole. Mr Hubbell moved an amendment, crnsing all nfler the enacting clause, and offering a subalituto; supported in debate by Mr Hubbel, and rejected, 14 lo 15. Mr Builcr then moved so to amend ns to incorporate the pro visions of tho bill introduced by Senator Campj amendment rejected, 11 to 15, when the committee rose and reported tho! ill without amendment! when Mr Hubbel renewed his proposal of amendment, and demanded tho yeas nnd nays, whicli were taken without delate, and the amendment rejected, yeas, 11, nays 13. Mr Uutlcr then renewed his proposal of nmendment, nnd demanded llio yeas and nays, and thu amendment was rejected, yeas 11, nays 15. MrSmallcy moved ihatlhcbill bolaid upon the table, and mulo the order for lo-morrow morning; motion negatived, 11 to 15, Mr Hubbel then moved that Ihe bill be laid upon t lie talbe and mado the order for this afternoon. Motion sustained by Messrs. Hub bell and Smal'ey, on iho ground lhat lime should be given for ihosewho desired opportunity for reflection and to speak upun the subject. Mr Camp raised a question uf order as to tlie repetition of motions to lav. bv merelv varvine the bmir inlnv Tl, Imlr decided the last motion yul of order. Mr Ddlinhain took, an appeal from the decision of tho chair. "This nppt.il was advocated by Messrs. Dillingham and iiuuoeioppoaeu oy .Messrs. Uanip and Kriggs, and, after a few remarks by tho chair, the question was taken, an;! Iho yeas and nays being demanded by .Mr. Dillingham, Ihe decision of the chair was sus tained, yeas 15, nays 14. HOUSE. tteports. lly comniilfccon agriculture, that it is expedient, nl this time, to (riant a bounty on wheat; against bill to alter sic. tG chip. B3 It. S. (granting a bounty on wheat,) and it was dismissed ; ngnimi bill to encourage the laisin-rof wheal, unJ II nia UI3III1351TU, UIICI njllIU U IfUUIISlUIl Uy l('-4SrB. iveiin, nice, van oicwnti, uiiuiniierlain, shin ami Maker, nves 133, noes 7(3. I!v ucneral committer, bill in alteialion of chap. 107 H. S. (grand and pent ju ror Kirs Sl.'.'j per tfav and b cents tier mi c travel. , and it was oidrred lo a third leading j ngainsl bill In lepciilchan. 110 H. S., (granting bounty on silk,) bill supported by .Mr Uico, opposed by Sir. Van Sick len, and dismissed; ngainsl lull to define sec. II chap. 1 11. S., (no pel sou lo hold a seat in llio House unless elected at a ballot commenced prior to 12 o'clock at mailt of the 1st Tuesday ol ficntember.i ami it was iiisimssce ; against lull in amendment of chap. IU-1 K. r., and it was laid on Hie lablej lull to alter tho name of 1 Ivira Patterson, and it was order ed lo a third rcadin.i. liv committee on Banks, bill lo charier tho Oningo County Hank: Mr Cobb of S.. stated thenecrsiilv nf the bank, as the charter nf the pres-rit onu would expire on Ihe It tf Jan, next, nnd the bill was ordered lo he engrossed. lesolutiuns. lly Mr Sanborn, as to expediency of ollbring a pieiiuuin for the best essay on Iho pro duction uf wheal in this state: adopted, 101 to 53. Croni the Senate rcnucslin the Covernor toonnlvto t'ongress lu refund to this stato $101)1 00, it hem.' for expenses incurred hy this stale in the late border difficulties; passed. J.nqrosscil Lltlis lieducing llio capital stoel; of i-oiiiincy, in nuumon io net iiicornoraiiiin llio uen- nmgton county Mut. Kire Ins. Co., in addition to chap. 102 H. S. (on crimes committed near county lines, I m nmcndinenl of samo chanter, (on insane criminals,) taxing lands in Bradley vale, relating to U. S. dcposile money, (trustees to report on its con dition,) in addition lo act incorporating Caledonia Oo. orammar School, severally read the nurd time unu passcu. SKiNATE I'RIDA Y, IS'ov. 4, lHIV.'. fli'ls introduced, and referred By Mr Hriggs, in addition to an net iiicurporatiug tho Goshen I urnpike Co., extending time to finish the road, lly Mr Smalley, fixing a lima for holding county court in the counties of Chittenden and Lamoille. Allcring tho linrel ami riltli judicial districts. Udhshins Capital l'untshment. The hill for this purpose was called up, when Mr Dilling ham addressed llio Senate in an oxlendcd and able argument in favor of the hill. 1 he hour for goitif' into joint asfouibly hav ing arrived before Mr Dillingham had finished his remarks, at the suggestion eif Mr Hrigga he siisfetidod liU reinarka for tho present, and the Senato went into joint as.enibly. IIUUM;. lieporls. Uy committee to make up tho list, bill in addition to listing law, (polls at $3. attorneys and iihyxiciaus to he astcsscd from 81 to $50, anil land and huildiugs to he appraised separately where) tho land oxroeds ton acres, &c.) which was made) the order for to. morrow morning, nnd HOW copies ordered to bo printed. Tho minority reported in favor of the bill to repeal the listing law of last year, with provisions for a revision of tho listim; law next year, and it was unde tho order for Monday af ternoon. Tho majority reported against tins hill. Tho Slate Troasuror, hy letter, informed tho House that ho had not received a bond, pursu ant tn law, from tl.c tjiipsriutendantof tho .Slate I'nson on Iho last year. The Senate camo in, and nn motion of Mr li.ikor it was voted that the Secretary of Stato olliciate ns clerk of the assembly at this and all future meetings of the assembly. COUNTV APPOINTMENTS. nssi:x COUNTV. OwcnotriA8e!s,an,Ju8ti"'' (leo. W. Oales, ShenfT. Win. Rich, High BailifT. Win. Hey wood, Jr., Slate's Attorney. Azariah Webb. Jr.. Judsro of Probate. John Dodge, Issac Cummingt, James Folansbee, Jail commissioners. Tho joint assembly for county appointments aujuurncet to j p. m. ivtnnuay nexi. State Prison Officers. For superintendent, Senator Cults nomina ted Milton Drown, Mr Gove nominated Jcptha II rod ley, Mr Ellis nominated Dcmmi Duck, and Mr Harris of W. nominated Isaac VV. Hubbard. 1st. 2d. 3d. 4th. 6th Milton Urown Jcpilm Dudley Itenomlliick J. W. Hubbard Daniel Bovven Jesso Slcdman Win. Urown Sam'i H.llint" 102 103 109 111 17 27 9 1 7 3 95 CI 107 30 108 SI 107 C7 II. It. Hniilli Adiourned lo 1.3 oast a p. tn., when the Sen- ate withdrew and tlie Houso adjourned. SENATE 2 rAt, s, P. M. Bills By Mr Brigg in addition lo chap, 19 of 11, Si, relating to tho Instruction of llio deaf, iliimh nnd hlind ; twico read and referred to thu committee on Finance. Plus hill provides that tho Governor bliall bo ox-oflicio commisrioncr of tho deaf, dumb and blind, and of tho insane poor: that ho bo authorised annually to draw from tho Trcft&ury n sum not exceeding two thousand dollars, for tho benefit of tho insano

poor of this Slate, and porform a" tho duties now required of tho conin;'crs of tho insane poor, and of tho do-'- Uunib a,ltl ull1' i t'lt tho Osrnmm "nnnally report to tho Legislature tho proceedings in this respect, with an account of expenditures j that ho rocoivo ono hundred dol lars as compensation for theso services ; and enui hii reports norciriioro required upon theso subjects, bo made tu tho Governor. Providing for a Geological survey of this Slate, anil ap propriating 2,000 for 'A commencement un der llio diriction of tho Governor; tho appro priation to lo made from the proceeds of tho sales of tho public lands, and tho survey to ho couimenccdattho northeast cornerof tho stato j roportod by Mr Sovvles, twico road and laid up on tho table Altering tho name of Gilman Sinclair called up by Mr Dutlor, read a third time nnd pasted. Bill abolthing capital punishment, taleon up, and rcjeced, on the third reading, yeas 9, nays 21. HOUSE. Tho commitieo on the Stale Pris on asked tojc discharged from the petition of the town of Rurlington ; lost, 81 to 74. Tho commitieo o'cloctions asked to bo discharged from tho onruiry, whellior any members of tho Houso wcrcWding offices under tho authority of Congress agreed to. The Senao came in, for tho ptirposo of elect ing Superinltlidunt of Iho Slato Prison, when Senator Towisloy moved to postpone this elec tion to Tucseuy afternoon next : ayes lU'-J. noes 117. Tho following elections wore then mado : Itcv.K. C. Tracy, Chaplain Stale Prison. P.. C. Tracy K0, llul'us L. Harvey 113, Scattering 1), Abncr Field, 1 Stephen Prentiss, Directors of S. Prison. D.iniel Deiinison, ) The votes were as follows: Abner Field l.lo, Otis Chamberlain 108, scattering 2; Stephen Prentiss 127, Jonas Clark 113, scatter. ing2; Daniel Donnison 130, Koyal Hatch 103, scattering 3. Norman JiLAcKJinn, General 1st Brigade, 1st Division. , Blachmcr 149, Col. Isaac McDaniel G3. KontRT Piehi'ont, Bank Inspector and Bank Commissioner. Pierpont 120, John S. Pettibone 107, scat. 2 The Senate withdrew and the House adj. SENATE. Saturday, Nov. C, 1842. Bill Laying a tax on lands in Bradleyvale, reported by Mr. Barrett ; read a third time and passed. Defining the .")0tli sec. of 53lh chap, of 11. S., relating to the measurement of lime, rcporlcd by the committee, adverse to its pas sage, when tho bill was advocated by Mr. Dut ton, opposed by Messre. Porterand Hatch, and rejected. Iielating to highways, reported by Mr. Porter, with proposal of amendment, which was adopted, and the bill, as amended, ordered to be engrossed. By Mr. Smaller, to pay Za- elocl: Thompson tho sum mentioned, as a com pensation lor services rendoicd tho Stale in re lation to a zoological survey of the slato ; twico read and referred tn committee on Education. ltesjhttion for adjournment, on Friday next, witlioLt day. Itcsolution supported in debate by Mr. Hubbel, when Mr. Eaton moved to amendby htrikiiigout"sa'(coc,V,'.ill".;"amend . . . , I ,. e t ... me i,uic. linn uv.,iii iiiu cciuub iwiiiuiiiiuu iill the grand list to report a bill repealing tho law of the last session relating to the irranel list : .1 ,. ,I.K I... t... n 1 , I called up by Mr. Hatch, and opposed in debate by a.essrs. tiaicn, v,atnp, frcncli. anu Towns lev. siippnited by Mcssr?. Sniillev and Starr. and tlu Senato adjourned before tho question wa.st:I;on. Hill In addition to chap. 41 of R. S.: twico road nnd rofcrred to Judiciary committee. Di viding tho rjmtis into ConzreRsionnl district! t opposed by Mr. .Vmalluy in dobatp, road a thirii tune, and passed, as it came Ironi the House, yeas l.i, nays I t. . i u i7 i ii 'J'usMl!y'"S l. banks (Mr. Prcttios'hill,) on motion ofMr. Vi- las laid on the tatle and nude the order for Tuea day morning, 'lo incorporate the bank of Or-1 ange county. Mr. Pettibone said he would not' vote for tins or any bank, unless tho directors givo bonds for the rcdoinption of their bills. Mr. Vilas said il would not be fair to impose ro btrictions on this ban Ii which are not imposed on others. He agreed as to tlm propriety of re quiring bonds, tut that should bo done by amending the general law and thus apply the requirement to sll tlie banks chartered in IS 10. Mr. V. then sUted the necessity of a baiik in that county, bcirg the third in amount of popu. lalioit in tfie slile. Mr. Pottihono thought, if both agreed on 'ho propriety of requiring bonds, it would do no l.aini to put tho clause into this bill; and after further discussion and explana tions by MesM't. Pettibone and Vitas', the bill was made tho order for Tuesday morning next. Itcsolution By Mr Wardncr, as to expedien cy of altorintr law iclativc to the stato school lav ; passed. lVoni ihe Somite, directing sus pension of collection of that part of tho school fund loaned to individual;, on the payment of annual interest, with good security that the in terest be paid annually and tho principal in four years: rejected. Adjournment. The rcfolulion for adjourn inont on Wednesday was taken up, and a mo. tion of Mr. Noyes to dismiss was lost, 101 to 09, when Air Cushuiin moved lo lay it on the table agreed to. Iteiorts By cominitlee on banks, against the bill reducing ihe capital stock of tho bank of Mnntpclier, whicli bill wassiipported by Messrs Pock, Premiss, ICoitb, Cushman and " Shafter, opposcu uy aiessrs. iouu, vvoouuriugo ami Van Sicklen, and amotion to dismiss was lost, 00 to 40, and the bill ordereel to a 3d reading. sr.S.VIH. 2 o'clock. 1'. Ji. Hills Diiceliii'' iho i-omnussioiiers of llio school fund lo cancel demands ngainsl 'he University of Vermont, icporled by Mr Kiiton of the com. on edu cation, read and tail on the tabic, and made tho or d r for Monday afternoon. Itcsolution. uiiociing tue cniuuiiiiceon ineprnnu Ul to leport a lull repealing tho listing law of last session: called up by Mr llubbell, wiio remarked in substance, thai having participated in thu debate on a lonner occasion, no wouiu not now taleeuptlie tuno of the Senate, especially as his views had been so much heller expressed by other Senators; he must bu permitted to say, however, that ihe oppo nents of the resolution had failed to convince him ho was in error. Ho believed tho old system was sufficiently bur densome upon the real estate uf iho farmer: being 47 per cent, upon real estate j but the new system of hist session, imposed a tax of 70 per cent. To him this appealed lobo absolutely oppressive upon that class of bis constituents he should therefore vote for the resolution. Jlr Dution followed, opposing the resolution, hut saying lliat unless the prctcnt law could bo inalcii ally amended for llio heller l.o should go for its re peal. Mr Porter was in favor of iho resolution, nnd gave his reasons, followed by Mr Harden, opposed, who gavo bis views at onie length, in illustration of his preference of the existing law over iho system ex isting for iho last ten years, hoping lhat the resolu tion would not pass, and lhat tiino and opportunity might be given and unproved, to perfect Iho system by amendment. Mr l'liimb moved the iidfinite post poiiment of the resolution ; and it vvaseo postponed, Id to 8. HOUSn. Iliports. Hill in relalion lo highways (lax of 18 cents on the dollar lo bo raised by each town previous to the 1st of May,) and it was ordered lo a 3d reading i against bill in relation lo roads, and it was dismissed. Uy General committee, bill to amend sec. 23 chap. 21 H. S. (highway surveyors to make returns on or before SOih .April) and it was or ili.mil to 3,1 rp.idini'i bill reiruliitui!' fees of auditors. refeicesand committees to lay out roads, (S3 per day and 10 cents per inilo) anil after discussion hy Messrs. Winslow, Ituss Van Sicklen, Woodbridire, Sprague, Keith, Shafter, Vilas, Cushman nnd ll.iker, a motion to dismiss wancga.tivrd by a slrong voic, when Mr Woodhridgo moved lo reduce tho pay to Si: lost; Jlr Kidder moved to make Ihe act loko effect from and after its passage, which was agreed to, and Iho bill ordered lo 3d reading. Hy same committee, against bill relating to jurors' feo before juslico courts ami ii tvnsilisniisBidi ai'ainst hill repealing so much of chap. 81 U. S. as relates to licenses to retailers of PH(IUI1H lllIIUI, HIIU 11 SUI UIBlllljl'VU, OJCB 111,11111. linghouscs, (free of license, if no spirilous liquor, sic, ij, uy juuicinry iniuiuiuvr, uiii ivi.iiiii(; m tiiuui' slrong beer, or cider are soiei,) supporien ny mr Vnn Sicklen, opposed by Messrs. Mice and Ilarton, bill lo reduce the salary of Secretary of the f Jove r nortotl7j, without perquisites, vulhun amendment pulling the salary lo 81G0 Mr Woodhridgo moved to dismiss it, which was negatived, nlso a motion to lie, when Mr Vilas moved to amend by fixing the salary of .Sccictary of Sfato at $150 opposed hy Messrs. Canfield and Cushman, supported by Mr Vilas, and finally withdrawn. A motion lo strike out the clause prohibiting pernuisilcins negatived. MrtUanfield opposed iho bilf, when it was ordered to a third read- wi r ."""SR. Monday, Nov. 7, 1842. 7 he Listing Law. m, Harris of Windham c?,.,wp i bl" ln.a(1(1'110" to tho listing law of 1811, when on motion of Mr Noyes the House wont into commitieo of tho whole, and the Speaker assigned tho chair to Air Noyos. Mr Webster of Colchostor moved to strike out tho ssction whicli puts polls in tho list at 83 instead of SI. Supported by Mr Webster of Colchestor, opposed by Messrs Canfisld, Rice and Window nnd lost. Mr Spraguo moved to strike out tho second pcction, assessing attorneys nnd physicians from 1 to fSoO, and requiro attorneys, physicians and all such mechanics as do business to tho amount of 8500, to bo assessed at from 85 to 850 according to their gains. Supported by Mr bprague, and opposed by .Messrs Canfield, anSicklen, Popo and Winston-, when Mr Da vis of N. moved to strike out mechanics. Sup ported by Me Davis of N., opposed by M I celt, who was against both amendments, and rejected. Tlio original amendment was thon opposed by Mr Shaftcr, who said ho would not consent to tax the faculty of mechanics, but ho would consent to tax Iho faculty of lawyers and physicians not that tho doctrino of a f.icultv tax was right, for ho deemed it entirely wrnt'tr, but becauso public opinion demanded it. Mr Pettibone said the true ground for taxation was mistaken it was not property, but the annual income. Mr Baker said ho was in favor of a facully tax last year, and was for it now : the principle was last year ndnptvl l,y tlm Mouse, but rejected by tho Senate. Mr Van Sicklcn was for striking out the faculty tax entirolv ho was for taxing property, and that alone. iir spraguo withdrew Ins amendment, when jl Woodbridge moved to add "all master me chanics and manufacturers" to bo taxed for fac ulty. Supported by Mr Woodhridgo and oppos od by jl!r Van Sicklen; when Mr Harrinirton moved to add "all who have 810,000 at inter est." Withdrawn, and the amendment of Mr Woodhridgo was rejected. Mr Cobb of S. moved to amend by striking out the section re quiring all professional men to bo assessed at 1 per cent, on the valuo of their professional li braries; rejected. Mr Harrington renewed his amendment and it was rejected. Mr Cobb of S. moved to requiro all persons receiving sala ries to be assessed at I per cent, of their sala ries : supported by Messrs Cobb of S. and Van Sicklen, opposed by Messrs Canfield, Shafter and Baker, and rejected. 7'ho committee rose and tho House adj. HOUSE. 2 o'clock, P. M. The Grand List. Tho House resumed con sideration of this bill and several amendments woro rejected, whoii Mr Van fOicklcu moved to amend so as to provide that no deduction shall bo made from the valuation of taxable personal property for debts owed, which was supported by Mr Van Sicklen, opposod by Messrs Can field and Hice, and rejectee!, ayes 15, noes 18G. 7'he design of this was to prepare tho way for mo loiiowing amenunieiu.j Mr Van Sicklen moved to add a section, pro vidingfor a deduction of all just debts from the total sum assessed against any person. The existing law provides for this deduction on per sonal property only ; the object of this amond- liiiuiiLiaii'llJilliuuluutJuul.llullllunillltie'miltO - J-a l nwva iuia ayes Jr JJailny ol L,., moved to strike out tho pro vision that persons may bo interrogated as to tho name and residonce of creditors, amount due, &.c, supported by Messrs Shafter and Woodhridgo, opposed by Mossrs Rice, Canfield and Pettibone. and rejectod. Mr Peck moved to amend so ns not to require oat ti to oo mauo to ueots, unless required by iiiei iiseuis c.irncu, ayes iu.', iiolmlm. Mr Colby moved lo strike out the 12tli sec- 'tion. 7'nu exiMlii law- cempt8 all real cs I tate tisod for iiiuun anil charitable purpose., and 1 I this llilli section provides that no real estate shall bo exempted except such as was original granied or sequestered for theso purpose. .in?: . , J This section Mr Cuinmings moved tn amend so at to s ive lauds reserved for first settled minis ters and granted to incorporated literary insti tutions in tins state. The amendment was lost, and the lli section was stricken out. Mr Guild moved to require betterments to be asscised ; rejected. Mr Smith of Addison moved that real estate be set in the list at U-lths of 1 per cent, instead of 1 percent., supported by Messrs Pettibone and Van Bidden, opposod hy Messrs Hice, Can fluid, Keith, and Kamcs, and rejected, ayes 43 noes 15!i. Mr Deiinison moved an additional section, au' tliorizmg tlio listers to administer oaths ; adop ted. Mr Cushman moved to amend eo as to striku out the exemption of waggons, &c: rejected. Mr Cobb of renewed his motion to assess salaried officers at 1 per cent, of thoir salaries : rejected. Mr Colby moved to amend so tint lawyers and physicians snail he assessed at l per cent, of theirgains (if S','00 or over,) for the preced ing year : rejected. Mr Davis of . . moved to add "manufacturers and venders of patent medicines or nostrums" to the attorneys anel physicians, for assessment for faculty : rejected, vi to UU. Mr Shaftcr moved to add "pettifeiggers :" re. jecled. Mr Van .Ntcklen moved to require a new ap prisal of real estate in 181-J; supported by Mr Van .S'icklcn and Pettibone, and opposed by Mr uaiineiu anu vvinsiovv aim rejected. Mr Hogs moved a verbal amendment, on ex emptions for military service, whicli was rejec tee!. Mr Baker moved to make the maximum as sessment for faculty S-0 instead of 50: rcjec ted. Mr Moore of N. moved an amendment that pleasure carriages valued at over 850 (in lieu ol y j.j) shall nut be exempted Irom taxation rejected. The bill was then ordered to a socond read ing, and the House, 01 to 02. Adj. PROFESSOR PEASE'S ADDRESS. Wo liavo read with pleasure the Address of Professor Calvin Peaso before tlio Lite rary Societies of our University, at their last annual celebration. Tiioso of our renders who had tho privilege of listening lo ibis ad dress, will, wc havo no doubt, bo muchgrat ificel with an opportunity of perusing it. Wo think thoir estimate of its merits will bo in creased by a careful analysis of it. Its sub ject, tho "Popular Lecturing of tho day," strikes ono, at first, as not very promising, and a stranger car would expect, on its an nouncemcnt a fulsome culogyof this, the la test of the thousand short-band methods dis covered in modern times for making men learned and wiso without any effort of their own, savo perhaps, locomotion. Mr. Peaso seeks to ascertain its true valuo and signifi cancy. Uo regards tho popular lecturing as only a particular phases of the popular lite rature nT tho day, possessing (bo same gone ral characteristics. Indeed the principles and distinctions ho hero unfolds aro applica ble and ol great moment in judging not only of popular lectures, but of every effort at lit erary instruction whothcr by tlio written or spoken word. We commend to particular FRIDAY MOKNING, NOVEMHF.il 11, 1842. nolico tlio distinction auito too much over looked "in tin's enlightened nineteenth cen tury" between the demands of tlio stomach and llio domanels of tlio soul for science, be tween VeracitV nnd truth etnlii! "ullnrn,.,. H..V....WJ logic" und vitnl truth and especially bis ex position of the true use and end of seiimen. Wo Imvo not room at nrcsonl to malen nn tnnrlorl nnnlvsU nfiliosn nn,w l...i .... -.. vd.. I'lfima, uui IUIU1 our readers to tho address itself, ivhoro llinv will find them set forth in tbe author's clear, transparent stylo, tiioucb with much hrnvliv. considering tho importance of tho subject a suujcci, which, irom Hs very nature, can not bo comprehended without reflection. The posit! vo value of modern nonular lec tures, Mr. P. thinks is generally much over rated. Their nccalive inflticnco in kecnlnrr . . . " 1 o out moro injurious matter, be docs not touch upon. His criticism upon Just discourse and Ihe relation lo it of flowers and imagery, ornaments, wo particularly admire. As a wbolo wo think the discourse fully meets tho high expectations formed of Mr. P. and al- icsis 111c wisuom ol tlio Corporation of the University in electing him to his nresrnt res ponsible station. Especially does it bear witness that in addition to hit wall L- nnwn critical scholarship, iio is not n mere? "ncr. mod grinder," but possesses a living, seeing soul .-lit,!,, m. ttitis allOWlnrr il,,,, ,, ,l,, O not applicable to him. which is so nftnn made, and sometimes with against learned professors, that they arc uiuo oounu pedants," mere lifeless abstrac tions, and encyclopediacal receptacles of book lore, whoso souls were living sepul- cners. Mr. Peaso closes with an annronriatn. nf. fectionate, and touching tribute to tho mem ory of tbe lato PnoFEsson Mariu. Appro priate wo say, for wo doubt not we shall pronounce a eulogium that would be most grateful to the author when wo say tho ad dress gives evidence that ho has communed Willi and imbibed the spirit of the teachings of that great mind. Indeed wo hail it as a single ear of the rich harvest of thought which tlio world shall reap, through all time, from tho rich seed sown by that venerable man. How wide and iiow healthfully con servative his influenco shall be, we can not now tell. But we know tho hearts ho mov ed so deeply and tho minds he moulded so powerfully can not be lost upon the world. in lliem lie yet lives. We rejoice lhat tlio spirit of his life and his philosophy stilt dwell in our University, and that ho is not yet lost to it. We assure the friends of sound learn ng that his influence is yet there and still commends it, preeminently, to their patron age. Meantime, while our University is thus blessed with enlightened professors and sound instruction, is she to receive no relief in her pecuniary struggles ? Whilst our Le gislature finds money and sympathy for de stroying crows and muskrnts, nnd multiply ing itlckarul and silkworms, can ihoy elo no thing to sustain anil foster an institution from which proceeds inr.ulculab'.o blessiiips 10 1110 mute, anu iniiuunco and reputation abroad moro than from any oilier source 1 It is prouuuly loo late for us to ho heard on this subject, hy the "assembled ici'sroni" du ring Iho proj,ant session. We shall resume the subject at our leisure, however, and I "keep it before the people." THE GEOLOGICAL SURVEY. Our readers will perceive, by referring to the proceedings of tho Legislature, that a Bill has passed tho Senate, by a very largo majority, providing for a Geological Sun- vr.v or the Statu. Onlv five votes could be obtained against it, on its final passage. amenument was proposed to tlio eflect that no expenditures should ho incurred for this survey, till iho present indebtedness of the State should be cancelled. Tho design of the amendment undoubfedly was to de feat Iho passago of the Dill entirely but it met with very little favor in llio Senate. The vote on the amendment was ayes G, nays 17. On llio final passago of ihe bill tho voto stood ayes 16, noes 5. Several Loco Focos dodged tho question, hut Mn. Smallev, of this county, wo take pleasure in s-iying, supported tho Bill throughout, in dependent of party prejudice and the clamor ot demagogues. I lie fate of the Bill in tho House of Representatives is, wo regret to say, somewhat doubtful. Wo hope howev er it may bo carried through ttiat body, as wo havo no doubt it would be of great ad vantage to tho agricultural interests of tbe State. THE ADJOURNMENT. A joint resolution was passed, by both branches of tlie Legislature, on Monday last, providing for an adjournment of tlio two Houses, Friday morning, (to day). On Wednesday morning, howevct, another joint resolution was passed by both Houses, re cending tho resolution for nn adjournment lo day, and fixing upon Wednesday of next week as tho timo for the session to termin ate. (tWo havo received a communication on tlio subject of County Judges and their fees, in answer lo "an old Jackson man" whoso homily appeared in- the Sentinel a fortnight ago. Wo should havo answered tho articlo ourselves, before this time, but did not consider it of sufficient importance to requiro any notice from us. Tho com munication did not reach us in season for our this weeks paper, but shall appear in our next. Gen. Joseph Desim, Ex-Governor of Ken tucky, died at his residence near Georgetown, Ky., on the 13th utt. His remains were inter red next day with Military and Masonic honors. Gen. D. was an officer during the tate war, and was at tlie battle of the Thames. lie serv cd some years as a Representative in Congress, from the Mason district. His political lifo end cd on tho expiration os hii gubernatorial term, the administration of which was rendered noto rious by tho stormy ovents connected with the Old and New Court struggles. CONSUMPTION, ,Vce Lecture nn the Causes nnd Cure of Consumption. Wc nro requested to say that Dn. S. S. Fitch will by particular re quest, repeat his Lecture on the prevention and euro of Pulmonary Consumption, 011 Saturday evening next, at G o'clock, in tho Court House. Having listened with much satisfaction to Dr. Fitch on Tuesday evenintr, wo can do no less than adviso all our friends to avail themselves this opportunity. Dn. Fitch will rmnain at tho American Hotel until Wednesday evening next. 07Tho Rnv. Zi:nas Bliss will deliver an address 011 Temperance at the Court houso this evening, (Friday,) nt half past six. Sudden Death. Jlr. James Baldwin of this town, aged G4 years, met an untime ly death on Saturday Inst. He was return ing from Spear's ciJer mill in the cast part of tho town, wilh four barrels of cider in an ox cart himself seated on tlio tung, with tlio left arm resting on the forcboard. Just at tlio foot of the hill near Peter Castle's, it is supposed that ho touched the off ox with his brad, and tlio animal sinning suddenly, gavo tlio tung it cant, which precipitated Mr. B. backward upon tho ground, I, is i,cnd directly in lino with tho ofT wheel, which instantly passed over it, liteially mashing it to pow der. Mr. Baldwin was a poor, but industri ous hard working man, and has loft a largo family to mourn his untimely exit. A few hours before his deatli he remarked to a friond that ho had not been so well off for years, nnd could now "begin to enjoy himself a tittle." Alas! eventful period that, in man's lifo ; and how few "indeed bcgiiu "lice" before il is time to die. Baldwin, iad been independent possessed properf, and wanted more ; and therefore could .ot "en joy himself." Ho lost all, benmo poor, and realized the pangs of novctty. His prido was humbled his nnibfmon modera ted, and at three-score and odVJ years a hot ter philosophy had taught him ,'ihat it was lit tle ho really needed. His personal churl furnished him nil this, nniriic O as just "be ginning to enjoy himself." But his time had come, and with tho pregnant admission yet warm upon his lip, ns ho summoned hence. How cmblrimftic apt illustration of tho inconsistency, rtie illusive pursuits of man : to overlook and neglect tlio thousand blessings that spring, up daily by the way side : to toil and struggle for unattainable phantoms, and live just long enough to real ize their utter nothingness. 1j Calomel. The following extract is from the lectures of N. Chapman, M. I)., Professor of tho Institute and Practice of" Medicine in the University of Pennsylvania, h citid in Phihdal plna. He thus discourfoih on Uic use at calomel: "Clcntltmcn: If you could see- wh ,t I alums' daily set- in my private practica in lliiiutv, pi rsons from Iho tfouih 111 llio very last stages of .t wreti 'iril cxia ti nce', riii-ii-iatnl 10 a skeleton j with beitli tnlilos if llio sieiill almost cninjikii !y pL'rrorateil in many pla ces; ihe nosti h-ilt puiie, vviili rotten jnvvs, ulcc at d throats, breaths mum pestiferous, mure intoli rar a t rui puiaoti.nis Upas, limbs racked with lhr pains f llie mqiiisitioti, 111111J3 as imbecile as the puhiii; i.iiie, a imevous liuril n to themselves and aelnamtin p c Inelo to others, you would cxelami, as I have o 11 done, O 1 the lamentable warn of science i.iat latcs ihe abuse of tint noxious driif, calomel, tn 'ho Southern Slates !' lienilcmen, il is a disgraceful re proach to the profession of medicine j 11 is"qiiackprv ! horrid, unwarranted, murderous qtnekcrv. What merit do gentlemen of ihi Smith tinier tfi. mse'v 3 they possess, by heme able lo salivnlo a patient t Can not tho veriest foul in ChnsiendjiH s.ihvatc-i-iva calomel? Hut I will ask another ejiicMi'in. Whin 1 thai can stop llio career of mercury, at v;ll, o' r he has taken (he teins in Ins own l ands I lie who, for an arbitrary cause, rj' una the fate of lu pa tent to mercury, is a vile enemy ti the sick; and if he 11 tolerab y popular, will, m ono successful season, have paved iho vyay for the hi sines of a life; for .he has cnoucli to do ever afterward to s'oii the mercurial breach oftlie consliiu-iuii of Ins dilapidated : ot , nts. He has thrown himself in feirful proximity to death, and hn now- lo fight hm, at nrni-a ient, s lon as the patient maintains a miserable existence." " 7'nc Abteman Well at Vat.ii 7'iio ope- rat'oii of tubing the well at Cirenelle has recent ly been completed in the most satisfactory man ner. In order lo understand tlio importance of this work, it may bo woil to refer to the cauf-cs which have lendered it ncce-i.-ary. In tlio month of Febuary, lill, after eight years' per severing labor, the spring at Gre'nelle began to RH!.f?.rth a vo,u,,, of water of not less than -'.C00 litres a minute. Hut, althoiHi the sourco was as pure as that of tho Seine, it has as dark a color as the waters in the gutters of the streets. A pipo of joints, 1,500 feet in length, copper turned, made as a telescope, was placed in the excavation; hut not being strong enough to re sist the force of the ascending waters, it was soon flattened and destroyed. M. Mulot there upon had a new tube of boated iron, each joint of which was thick enough to resist a pressure equal to "0 atmospheres. On tho 0lh of this month, after only four days' l.tbor, the tube was properly fixed, and the water now Hows abund antly, clear as rock crystal, and at a milk-warm heal. The old workshop, from the in'ddlo of which tho current tlowcd, is already half de stroyed ; and on its silo the carpenters arc erec ting a scaffolding of strong pine boards, 100 feet high, whicli will direct and form a channel for the waters rising to this height. Paris will now poshes an inevjiausriblc surply of excellent wa. tor, ruhiiij from such an elevation as to ba easily distributed to the loftiest situations in tho city. GbKAT CbASU AND I'tSTRVCTIOS Or PROrEBTV AT Portsmouth, X. II. Krom tho Porlsmoulh Journal oflice we learn that on Monday afternoon, about two o clock, sonic persons in the vicinity of Portsmouth pier had their attention atlracled by a crackling ound, and some time after discovered lhat a lore on ihe wharf, next north of tlie pier, had separated a lililo from another with whicli it had been connected. Thesonnd coniinucel at inlcivals for ten or fifteen minutes. In tho nieanlimo the real caue of ilaiife-r was not discovered the keys of llio storehouse wero obtained, the huilJing ope-nencd, and an examination commenced. Tho individuals, however, soon hasten ed from the wharf, and hardly niadogood iheir retreat by a rapid fliglu, when between fifty and sivly feet of the wharf sailed away into the river, beneath tho prcssuro of the store, which was aboul fufiy fe-ct in lenijtli j nnd in three miniiles wasa completo wreck. The roof of the buddim; siaiidin? above llio water, and the fragments of theuharf, Ac, floating around was all that met their e-yes. The- store contained 1, 033 hhds. salt, and more lhan a hundred tons of coal about all of which is probably lost. Tho wharf and store-belonged lollic IVr Company. The vvhola loss is probably not short of $3,000. Fali Fashions. The ladies have put off "ihoss things which are behind," and now- bury their Med iceanformsin Iho cumbrous fold Af heavy mantles, with nn awkwaid s'it in each side wheie the arm conies through. A fasltioiirbie woman, rigced up in her out-door gear, looks as much liko n windmill, or Dutch oven, as any thing else jV. Y. Aurora. The international coptiugiit. The Itichmond Enquirer, alluding 10 Dickens and to his advocacy of the measure, says 1 " But the question might have been put to our lite rary gues', whenco Congress obtained the right to encoursgo the literature of F.ngland7 Is not our Federal Government strictly limited in its powers? Can it constitutionally look beyond the rights and interest of our people'! Can the power to promets Ihe progrees of scienca and useful arlf, by securing, for limited terms, to authors and inventors, the ex clusive right to their respective writings and discov-