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Mr. Wooster moved that Mr. Orson Clark, a Senator from the county of Rutland, be admitted to his seat without producing his credentials; and the question being taken thereon, was decided in the affirmative, and Mr. Clark was duly sworn and took his seat.

On nomination of the President, a committee was appointed to canvass the votes for Governor, Lieutenant Governor and Treasurer, for the year ensuing, consisting of the following Senators:

Mr. Townsley, Mr. Miner, Mr. Clark, Mr. Gilson, Mr. Chipman, Mr. Morse, Mr. Fletcher, Mr. Eaton of Franklin, Mr. Eaton of Washington, Mr. Bemiss, Mr. Waterman, Mr. Adams, Mr. Bates and Mr. Howe, who were duly sworn.

On motion of Mr. Wooster,

Ordered, That the Rules of the Senate of the last session be adopted as the rules of the present session until otherwise ordered.

Mr. Adams introduced the following resolution:

Resolved, by the Senate and House of Representatives, That the members of both houses meet in county conventions, on Friday next, at three o'clock in the afternoon, for the purpose of making nominations of county officers, and that both houses meet in joint assembly on Saturday next, at ten o'clock in the forenoon, to elect such officers.

Which was read and passed.

On motion of Mr. Eaton of Franklin,

Ordered, That His Excellency, the Governor, be informed that the Senate is assembled and ready to recive any communications he may please to make.

Mr. Eaton, of Franklin, was appointed to perform this service.

Mr. Marsh introduced the following resolution:

Resolved, by the Senate and House of Representatives, that the Secretary of the Senate and Clerk of the House of Representatives procure to be published for the use of the members of the General Assembly, six hundred copies of the Legislative Directory, with the joint rules and the rules of both houses.

Which was read and passed.

Mr. Miner introduced the following resolution:

Resolved, That the Secretary be directed to furnish the President, secretaries and each member of the Senate with one daily and one weekly newspaper, during the session, such as each may designate, at the expense of the state.

Which was read and passed.

On motion of Mr. Short,

Ordered, That when the Senate adjourn, it adjourn to meet at three o'clock this afternoon.

On motion of Mr. Adams,

Ordered, That so much of the rule requiring the election of committees by the Senate, as relates to the committee on bills, be suspended, and that said committee be appointed by the President.

The President announced the appointment of Mr. Gilson and Mr. Fletcher, as the committee on bills.

A message from the House of Representatives, by Mr. Baxter of Burlington, a member :

MR. PRESIDENT: I am directed by the House of Representatives to inform the Senate, that a quorum of the House is organised by the election of Carlos Coolidge, Speaker, and Ferrand F. Merrill, Clerk pro tempore.

On motion of Mr. Eaton, of Franklin, the Senate proceeded to the election of the committee on rules.

The ballots having been taken and examined, Mr. Miner, Mr. Townsley and Mr. Wooster, were elected as such committee.

Mr. Wooster introduced the following resolution:

Resolved, That the committee on the Judiciary be instructed to inquire into the expediency of passing a law prohibiting the sale of bank charters to citizens without the state.

Which was read.

On motion of Mr. Foster,

Ordered, That said resolution be laid on the table.

Mr. Miner introduced the following resolution.

Resolved, by the Senate and House of Representatives, That both houses meet in joint assembly this afternoon, at four o'clock, for the purpose of hearing the report of the canvassing cemmittee.

Which was read and passed.

The Senate adjourned.

AFTERNOON.

A message from the House of Representatives, by Mr. Merrill, their clerk.

MR. PRESIDENT: The House have passed a resolution for a joint assembly for electing judges of the supreme court, in which they ask the concurrence of the Senate.

The House concur with the Senate in passing the following resolutions:

A resolution relating to county appointments;

A resolution for a legislative directory, and

A resolution for a joint assembly to hear the report of the canvassing committee.

The sergeant at arms having nominated and recommended to the President of the Senate, for his approval, Henry Nutt for door keeper of the Senate, and Solon Howes for assistant door keeper for the year ensuing, and the said nominations having been approved by the President, the said Henry Nutt and Solon Howes were severally duly sworn.

His Honor, David M. Camp, signified to the Senate his acceptance of the office of Lieutenant Governor, for the year ensuing, and the oath of office was administered to him by the Assistant Secretary.

The President addressed the Senate as follows:

Gentlemen of the Senate:

Near the close of the last session, an opportunity was presented, when I thought I could with propriety express my desire to be excused from any further services as the presiding officer of this body. I supposed my wishes would correspond with the principle of rotation adopted in practice by the freemen of this state, and consequently retired without the expectation of again meeting you here. I subsequently learned from several applications, direct and indirect, that I was not well understood, and made an explanation which it may be proper that I should now repeat. What I said on that occasion was sincere and in good faith, and should have been taken precisely as it was expressed. Some, however, seemed to think that I had put forth a sort of interdict, based upon a stubborn resolution that my poor services should no longer be at the control of my fellow-citizens.

ence.

Such was not my intention, and could not be without the violation of a principle of conduct, to which I have always yielded an implicit obediIt is this, "every individual, in a free government like ours, is under obligation to serve his fellow-citizens in any station to which they may call him." I have discovered but two exceptions to this rule. The first is where the individual is conscious of the existence of defects, or obstacles not known to others, which render him incompetent or unfit; the second is where he has already been burthened by onerous public duties. Not perceiving that my case came within either of these exceptions, I did not feel at liberty to say more than I did on that occasion. I could not, then, withhold my consent from the act of my friends, which again presented me as a candidate for re-election, nor hesitate again to take the oath of office. I may, however, reiterate the wish of last year, and I do it without the anticipation of any circumstance likely to prevent its gratifica

tion.

Believing, then, as I do, that this is the last time I shall have the honor of presiding in this body, I feel that a further duty devolves upon me at this time, which is, by reviewing the action of the Senate hitherto, to aid in furnishing the means by which our fellow citizens can decide whether they have gained or lost by the recent important alteration in the state constitution.

That instrument asserts the necessity of a frequent recurrence to fundamental principles. Those rules and maxims, which have been admitted as axioms in political economy, can never be lost sight of with impunity, and yet, in the varying tide of human events, nothing is more apparent than the fact that considerable care is requisite to keep them fresh in our memories. But experience is the great teacher in legislation as well as every other department of human action; and if a recurrence to important principles is of such a conservative tendency as to justify its assertion in the organic law of the state, a review of the past operations of the machinery of government, is essential to the correction of errors and to confirm our attachment to what is really valuable.

As my object is one of practical utility, it would not be barely invidious, it might frustrate that object altogether, if I should institute a critical com

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parison between the operations of the two bodies now constituting the General Assembly. The esprit du corps may be found in a legislative, as well as a military, or other body. Different views, therefore, might be entertained on the same subjects, and I might be suspected, if not charged, with an attempt to exalt the Senate at the expense of the House of Representatives. This consideration will prevent the enumeration of several circumstances calculated to prove the importance of having the legislative power vested in two co-equal branches; but it saves all occasion for jealousy in the friends of either. I omit, therefore, any allusion to specific cases, in which the Senate has rejected bills sent from the House, and those, in which many and important amendments were made before a concurrence could be had. Senate bills have met the same reception in the House; though, probably, of a much less frequent occurrence; and the question, which body is entitled to the credit of the greatest wisdom, prudence, or patriotism in their several acts, may be left to be settled by the people, whenever they shall see fit to examine them, aided by the light of experience, which time only can supply.

But with regard to the amount of labor of the two bodies in the appropriate business of legislation, there is no danger of instituting the most critical comparison, and thus showing the importance of the Senate, without detracting aught from the established reputation of the House. Deducting from the whole number of public acts passed the four last sessions, those termed revenue laws, which by the constitution must originate in the House, it will be found that in 1836, nineteen originated in the Senate and twenty in the House. In 1837, fifteen in the former and fourteen in the latter. In 1838, twelve in the former and twenty in the latter. In 1839, four in the former and three in the latter. Of the comparative importance of these bills, no opinion can now be expressed, which would be Îikely to meet the views of all. If other duties have been divided in the same ratio, it will be seen that nearly a moity of labor actually performed in the important business of improving the laws of the state, has been done in the Senate. These meritorious services cannot with propriety be attributed to the superior skill or industry of individual senators, for most of them have labored in the House with no better results than others. The conclusion, therefore, is plain, that for these benefits the state is indebted, solely, to the circumstances in which the Senate differs from the House. The paucity of numbers and the comparative aggregate amount of talents, have given to the Senate its peculiar facilities for business and secured these favorable results.

Should this partial review, accompanied as it may be, with a minute comparison of other circumstances now purposely omitted, convince the people that the public good has been promoted by the institution of the Senate, another interesting subject is presented in the question: "how can its efficiency be still further augmented and its permanency secured ?"

This must mainly depend upon the qualification of the Senators. How then can the freemen secure for the Senate that high grade of talent and experience which are indispensable to success? To this end, a general diffusion of information and a patriotic attachment to our institutions are highly important; but are not alone sufficient. The principles which regulate the construction of a legislative body, will have an important bearing upon its efficiency. If the freemen are restricted to narrow geographical limits, in which to make a selection of public servants, they may not always succeed in finding the best talents, though in the language of the

constitution, they may "choose men most noted for wisdom and virtue," within those limits. In the selection of Senators no difficulty of this kind can be anticipated. Every county will contain the requisite number of men of unexceptionable qualifications. Something may depend upon the compensation and other inducements connected with the office, for the men best fitted for public service are generally engaged in lucrative and honorable employments at home. The reluctance to serve the state at a pecuniary sacrifice, cannot always be overcome by the most ardent and enlightened patriotism, and there is danger in such a case that changes will be so frequent as to preclude the possibility of acquiring the necessary degree of experience.

The rule of rotation in the Senate of the United States, which is the same in principle in several of the individual states, where the elections are tri-enniel and the term of service three years, an election of one third to be made annually seems to be most generally approved. This rule was sought to be incorporated in the amendments to our constitution, and probably would have been but from our attachment to the long continued practice of annual elections. If the friends of that rule had succeeded, the whole number of Senators returned at five several elections, could not have exceeded seventy, whereas in point of fact there has been ninetyone; the changes having been something over five per cent. greater than the public good seems to have required.

Another effect of the above rule is to make the changes from year to year uniform, securing, except from casualities, at least two thirds who had the advantage of some experience. In this particular our practice shows an entire want of uniformity. At the second election there were twelve changes; at the third, sixteen; at the fourth, ten, and at the fifth twenty-three! At the close of this session it will be found, that of the whole number, two only have served four years; eight, three years; thirty-seven, two years, and forty-four, one year. Of the present Senate, three are now, who were members in 1836; but two of 1837; one of 1838; six of 1839, and but seven who have never before been members. Whether these excessive fluctuations may have arisen from the reluctance of Senators to become candidates for re-election, or from versatility in the freemen, I have not the means of deciding. If the former, some further inducement should be offered; if the latter, the remedy is with the people, and they should promptly apply it.

Of the "fundamental principles," to which our constitution asserts the necessity of a frequent recurrence, perhaps there is no one of greater practical importance than economy in the expenditure of the public money.It is clear that the people of this state have wisely intended to secure a cheap and efficient government, rather than a splendid and expensive one. The compensation for all our public servants is graduated on a scale of rigid if not severe economy, and in all cases, so far as practicable, a distinct allowance is made for every definable quantum of service. This feature in our constitution and the economical habits of our industrious and thrifty population, admonish us to confine ourselves to a careful application of the law, when we have a definite legal enactment, and to conform to the same principle in all cases of contingent expenditures.

Encroachments upon the principle of economy will ever be found to have had their origin in small beginings, and frequently to have passed unnoticed until they had acquired a magnitude truly formidable. Hence retrenchment is at all times a proper subject for legislative enquiry, and

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