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double security of ordinary care in making the appointment, and the subsequent supervision of the Governor himself-else they would have provided that the person appointed to prepare the Index, and not the Governor, should cause it to be published,
But notwithstanding this obvious and necessary construction, Mr. Sampson took upon himself to determine that, after making the appointment, I had nothing more to do with the matter; and that the Index was not to be sent to me, but to the Secretary of State ; and that he was bound to see that it was published with the laws—their publication being subject to his superintendence. He accordingly sent the Index to the Secretary ; but not until the 28th of November, two days, only, before it was to go into the hands of the printer for publication. The Secretary, on the 29th, very properly sent it to me., On examining a few pages, I found several errors in the references to the pamphlet laws published since the revision-the appropriate references being to the years of their passage, and the pages of the pamphlets in which they were published—which in numerous cases were found erroneous in one or both these particulars. Great errors and deficiencies were also found in the descriptive part of the Index, while to a great number of important unrepealed sections of laws, there was no reference whatever. Of sections not thus noticed, I have found more than thirty, on a recent ex• amination of about one half the Index.
The errors to which I have referred, were specified in a paper accompanying my communication on this subject, to the Senate, on the 3d instant; with which I also sent the Index itself, with a request that it might be preserved in the archives of that body, as appropriate evidence of my fidelity to the trust committed to me. The Index and accompanying explanation were referred to the Committee of Claims of the Senate, before whom I was requested to appear, and by whom it was admitted that my specification of errors was correct, and that the Index, as it came to my hands, was not such as should have been published.
I did not publish the Index ; and but for the previous preparation of another without my authority, which at that juncture I decided to accept, none would have been published.
But it has been contended, that the Index should have been returned to Mr. Sampson for correction ; and that because it was not, he is entitled to compensation for making it, though it was fatally defective. To this position I will devote a moment's attention.
Upon examining the Index on the 29th of November—the day that I received it-I not only saw that I could not order its publication, but that if I should return it, I could not trust to any corrections which Mr. Sampson might make, without a subsequent inspection of it, since very gross errors had escaped him in a copy prepared with apparent care, for the press. And besides, as he had denied my right of supervision in the case, I had reason to doubt whether he would submit the Index to me after he should have attempted to correct it. The proper corrections would, moreover, have involved the necessity of re-constructing, and re-drafting it, which, it was apparent, could not be effected, and the whole submitted to me, and necessary time allowed me for its re-examination, before the expiration of the ten days when the printing of it should be completed—much less could all this have been done within the twenty-four hours which only remained between my examination of it, an the first of December. Indeed, it could not have even reached
Mr. Sampson-his residence then being at Montpelier-about seventy miles distant from memuntil the first of December,—the day when it should have been in the hands of the printer at Burlington, in a condition to be published.
I did not, therefore, return it to him ; and I am unable to see upon what principle my omission to do it can lay a foundation for a claim on his part, for compensation. It is evident that my return of it could not have resulted in its publication with the laws, which, before it could have reached the hands of the printer, would have been completed, and in the process of delivery to the Sheriffs for distribution, and, of course, that even if corrected, it could not have been made available to the State in the way contemplated in the Resolution under which it was prepared -namely, its publication with the laws of the last session.
The truth is, it was the duty of Mr. Sampson to prepare an Indexnot a defective one, but an Index fit to be published in such season that it might have been placed in the hands of the printer by the first of December. Having failed to do this, he failed to do the duty which, by accepting the appointment, he contracted to perform. And, having thus failed, I am unable to see on what principle applicable to the ordinary affairs of life, he can be entitled to compensation ;-how, indeed, he is more entitled to it than one would be who, having engaged to furnish an article of manufacture by a given time, furnished a defective one, unadapted to the purposes of its construction.
But Mr. Sampson claims that, having performed labor, under an Executive appointment, it is hard for him to lose it, and that he needs compensation for it. But the question is not one of necessity, but of principle ;-not whether labor was performed, but whether it was worth any thing,-not whether the article, which was the product of that labor, could have been re-produced in a more perfect form at some subsequent time, but whether it could have been re-produced within the time when it must have been forthcoming in a state of reasonable perfection, in order to have served the purpose of the Legislature in providing for it.
Pressed by this view of the matter, Mr. Sampson has even contended that though the Index might have been imperfect, and could not have been made otherwise in season for publication with the laws of last year, yet that it should, (to use the language of his letter to me of the 5th of February last,) have been “sent back for correction," and "have rested until 1845 for the action of the Legislature, as (to continue his language) the proviso says,-in case it shall not delay the printing of the laws more than ten days-plainly implying,” (still to continue his language,) “that there might not be time, and then the Index need not be published."
Such has been Mr. Sampson's reasoning on the subject-reasoning as defective as was the Index he sent me for publication.
I admit that I made a mistake in appointing him to the service in question—though it was done upon what I deemed a satisfactory recommendation ; but I cannot admit that he is entitled to compensation for work acknowledged to be worthless, or that he could justly claim to be allowed until the present session of the Legislature to make it what'it should
For the reasons thus stated, I feel constrained to perform the unpleasant duty of declining to approve and sign the bill allowing Mr. Sampo
son sixty dollars for the service in question, and to return it to the House of Representatives for their re-consideration. I need hardly say that I feel no little embarrassment in the performance of this duty, because the exercise of the power of thus returning bills places the Chief Magistrate in a position of conflict with the representatives of the people. I should feel an additional embarrassment, from the consideration that my own agency has been concerned in the transaction in question, had I not understood that the Committees of Claims in both Houses have especially exonerated me from all blame in this matter. I am left, therefore, to a consideration of the simple question of the justice of the claim, to which I am asked to give the sanction of my approval. On this point I have, with perfect freedom, and yet with perfect respect for the General Assembly, expressed the convictions of my own judgment, and the grounds of them.
I will only add, that I perform this act with the less reluctance, because it still leaves the bill within the control of bare majorities of the Senate and House of Representatives, with whom I am very happy to be permitted to leave the responsibility of giving the effect of law to an act which my own judginent cannot approve.
Nov. 5, 1845.
Those Senators who voted in the negative, are Messrs. Chittenden,
So the bill was passed.
Ordered, That the Secretary inform the House of Representatives of the passage thereof.
The Senate took up the resolution from the House of Representatives, directing the Secretary of State to ascertain whether appropriate accommodations for the sessions of the General Assembly will be afforded at Burlington or Windsor.
And it was
MR. PRESIDENT: — The House of Representatives concur with the Senate in passing the resolutions relative to the collection and safe keeping of the public Military property.
The House have passed certain resolutions relating to the Annex. ation of Texas to this Union, in which they request the concurrence of the Senate.
Mr. Onion, from the Committee on Bills, reported that they had this
day submitted to the Governor, for his signature and approval, bills of the following titles :
(H. 123.) "An act in addition to Chapter 29 of the Revised Statutes, relating to Trustee Process."
(H. 101.) “ An act to abolish the School Fund." (H. 147. “ An act to incorporate the Otter Creek Iron Company."
(H. 131.) “ An act in addition 10 • an act to incorporate the Middle Falls Manufacturing Company,' approved Nov. 11, 1836."
(H. 136.) " An act to incorporate the Windham Slate and Mineral Company. And
(H. 106.) “An act to incorporate the Springfield Paper Mill Company."
A message from the Governor, by Mr. Beaman, Secretary of Civil and Military Affairs :
MR.PRESIDENT :-I am directed by the Governor to announce to the Senate, that he has approved and signed bills of the following titles, namely:
(S. 39.) “An act in amendment of an act in addition to Chapter 19 of the Revised Statutes, relating to the instruction of the Deaf, Dumb and Blind,' passed Nov. 12, 1842.”
(S. 38.) “ An act relating to Public Accounts."
(S. 50.) "An act in addition to Chapter 49 of the Revised Statutes."
A message from the House of Representatives, by Mr. Merrill, their Clerk:
MR. PRESIDENT:-The Governor has announced to the House of Representatives that he has approved and signed bills of the following titles, namely :
(H. 117.) “ An act in addition to an act to incorporate the Connectient and Passumpsic Rivers Rail Road Company,' passed Nov. 10, 1835,"
(H. 120.) “ An act extending the Charter of the Bank of Bellows Falls.”
(H. 134.) “ An act to incorporate the Jefferson Mining Company." (H. 142.) “ An act to incorporate the Brattleboro' Infirmary. (H. 21.) "An act to incorporate the Bank of Black River."
(H. 110.) “ An act to incorporate the Western Vermont Rail Road Company."
Mr. Sabin, from the Committee on Education, to whom was referred so much of the Governor's message and the accompanying documents as relates to the subject of Peace, reported the following resolutions, which were read and passed :
Resolved, by ihe Senate and House of Representatives :
1. That the practice of nations, of resorting to arms for the settlement of international disputes, has no tendency to secure the rights of the injured party, and often gives the aggressive nation an opportunity of repeating the abuse, and, by claiming the right of power, of subjugating such injured party to its ruthless sway.
2. That we regard Arbitration, as a recognized substitute for war; that this method of adjusting international difficulties relinquishes no
right; sacrifices no interest; startles no prejudice; is adapted to the present state of the world ; and is consistent with sound policy,—it is a measure level to the comprehension of the people, and commends itself to all ; it is simple, practicable, and likely to succeed.
3. That a system of adjudication, founded on a well-digested code of international laws, and administered by a standing court, or board of mutual reference, is preferable to the occasional choice of umpires, who act without the restraint of established principles or laws.
4. That it is our earnest desire that the government of the United States would, at the earliest opportunity, take measures for obtaining the consent of the Powers of Christendom, to the establishment of a General Convention, or Congress of Nations, for the purpose of settling the principles of international law, and of organizing a high Court of Nations, to adjudge all cases of difficulties which may be brought be. fore them by the mutual consent of two or more nations.
5. That His Excellency the Governor be requested to transmit a copy of these resolves to the Senators and Representatives of Vermont in the Congress of the United States, with instructions to use their influence, as they may have opportunity, in furtherance of this important object.
Mr. Sabin, from the Joint Committee under the 5th Joint Rule, to whom was referred resolutions, &c., from other States, accompanying the Governor's Message, reported the same without action.
(H. 98.) The Senate took up the House bill on the table entitled “ An act relating to the Grand List."
Mr. Smith moved to amend the said bill by adding as follows : “ Provided that such stock is not erempt by its charter from taxation.” And the question being, Will the Senate so amend ?
Yeas 13, It was decided in the negative :
Nays 14. The yeas and nays, being demanded by Mr Smith, were as follows :
Those Senators who voted in the affirmative, are Messrs. Bemis, Bradley, Clapp, Fifield, Ladd, Morgan, Noyes, Onion, Richardson, Sabin, Sias, Simonds, and Smith.
Those Senators who voted in the negative, are Messrs. T. T. Barrett, Bellows, Billings, Brownell, Button, Chittenden, Hodges, Howe, Hurd, Marshall, Rich, Vilas, Winn, and Woodbridge.
So the amendment was rejected.
Mr. Vilas moved the following amendment: “Section 2. The Charlers of incorporation of all such Rail Road Companies, mentioned in the preceding Section, shall be under the control of future Legislatures, to alter or amend as the public good may require."
And the question being, Will the Senate so amend ?
s Yeas 6,
Nays 21. The yeas and nays, being demanded by Mr. Fifield, were as follows:
Those Senators who voted in the affirmative, are Messrs. T. T. Bar rett, Bellows, Fifield, Marshall, Richardson, and Vilas. "Those Senators who voted in the negative, are Messrs. Bemis. Billings, Bradley, Brownell, Button, Chiltenden, Clapp, Hodges, Howe, Hurd, Ladd, Morgan, Noyes, Onion, Rich, Sabin, Sias, Simonds, Smith, Winn, and Woodbridge.
So the amendment was rejected.