Newspaper of Burlington Free Press, October 19, 1838, Page 2

nnd rfliclenl co-operation from llio able ond enlightened persons who nrc nssociolcd with mo in Ibis grcot undertaking. Our exertions, however, will not and cannot be thrown away. Tho infurtnatton which we liavo ocquircd, nlthough not os yet fit for tho purposes of immcdinlo legislation, will contributo to tho creolion of justcr views ns to the resources, tho wnnls, and tho in terests ofthesn Colonirs, than ever yet prevailed in the Mother Country. To complete and render available llioso mate rials for future legislation, is an important part of tho duties which as High Commis sioner I havo yet to discharge, and to which I shall devote the most anxious at' lention. I shall also bo prepared, at llio proper period, to suggest tho constitution of a form of Government for her majesty's dominions on this continent, which moy rostoro to tho people of Lower Canada all tho ad' Vantages of a representative system, unac companied by the evils that have hitherto proceeded from (he unnatural conflicts of parties; which may safely supply any do ficicncics existing in the governments of the other Colonics ; and which may pro duco throughout II r it ish America a etntc ofcontcnlcd allegiance, founded, as colonial allegiance ever must be, on a sense of obli gation to the parent elate. I fervently hope thnt my usefulness to you will not cease with my official connex ion. When I shall have laid at her Majes ty's feet the various high and important commissions with which her Royal favour invested me, 1 shall still he enabled as Peer of Parliament to render you efficient nnd constant 6crvico in that place where the decisions that affect your welfare ore in reality made. It must be, I humbly trust, for the advantage of these Provinces, if I can carry into the Irnpenal Parliament n Knowledge, derived from personal inspec tion and experience, of those interests, upon which some persons there nrc too opt to legislate in ignorance or indifference nnd can aid in laying the foundation of a system of general government, which, while it strengthens your permanent con nexion with Great Britain, shall save you from the evils to which you are now sub jected by every change in tho fluctuating policy of distant and successive Adminis trations. Given under My Hand and Seal at Arms, nt the Castle of St. Lewis in the City of Quebec, in the said Province of Lower Canada, the ninth day of October, in tho year of our Lord one thousand eight liundrod and thirty eight, and in the second year of her Mojesty's Reign. (By Command.) CHARLES BULLER, Chief Secretary, GOVERNOR'S MESSAGE. Fellow Citizens of the Senate and of the House of Representatives : We have assembled in behalf of our con stituents, to transact legislative business. Ours is a responsible station; and this res ponsibility constitutes one of the distinctive features of a republican government. Our frequent elections bring into immediate contact legislators and constituents, and enable tho people themselves, tho true source of all political power, annually to can ineir public servants to account. Our Immediate duties confine us to our own State, not so exclusively however, as to render us forgetful ol the relation wo sus tain to the General Government. Providence lias smiled propitiously tho pasi season upon tnc labors ot the hus bandman. The favorablo change which has taken placo in the pecuniary afTairs and busincs of our country, since the adjournment of the last General Assembly, is a subject of aincero congratulation. It may be motter of surprise and wonder to thuso unacquain ted with American character, that we should so soon have recoyercd from the ehock which paralyzed our entire business transactions and threatened with ruin many of our most useful citizens. Prom the na ture of our institutions wo had reason to expect tho prompt interposition of the General Government, to aid in removing the causes of embarassrnent, and restoring confidence throughout the country. These txpcctolions wero disappointed. The whole powers of the General Government appear to have been absorbed in their exertions to carry a favorite measure, which in the opinion of a large majority of our citizens, would have been highly disastrous to our Lest interests. That ultempt has resulted in o signal failure, since which, confidence lias been reviving with astonishing rapidity business is ogain returning to its accus tomed channels, thus unequivocally evincing that tho energies of a frro people cannot, for any length of time, bo restrained, by even the most untoward circumstances. It is but another example to be added to the many which occur in our history, showing tho facility with which our people can ac comodate themselves to any circumstances and surmount uny difficulties. Ineffectual attempts have repeatedly been made to abolish imprisonment for debt. Although they have not resulted in the entire accomplishment of their object, they have, nevertheless, led to an investigation of the rights of creditor and debtor, highly favorable to a judicious, equitable and en lightened legislation upon the subject. If it bo odmillcd that misfortune should not lie visited with punishment as crime, and that punishment should not bo left to 1m meted out by tho creditor. tho person of nil nllmrc inner lil.'nlu In iln hi!,.,-. ; :.. .1.. .... wV 'judiilu in iiil" case, then the first object of the law should no to mari mo uisiinction in a manner so plain that tho unfortunate should never be mistaken for tho criminal, Tho debtor. Mpon disclosing and surrendering hiB means for the discharge of his debts, should there by ditarm his creditor of all power to incar cerate hiB body. Our existing laws upon that subject, it may bo said, ore not opprcs eivo, in their operation ; that the reolly poor debtor moy always ovoid imprisonment, by making a disclosure on the rendition of juogmcnl. Jliis may bo true. But, it wuii uu ukuu, ones not our present law unnecessarily place tho poor debtor in tho power of a vindictivo creditor, by per mitting him to fix upon n distant day for trial, and, in tho mean time imprison tho poor debtor, if h fail In obtain tho iin,n. eition of friends? Would it not bo an net of Huurumiy, ub won as or justice, to provido that tho debtor, when unablo to procuro bail, on mesne process, mijlil demand a trial forth" wiin, or uo pormmcu, uaioro ino proper au thority, to mako hia disclosure and exoncrato his body from imprisonment? An civilization lias advanced and tho dif ferent grades of crimo have been defined with moro certainty, tho rlcor of punishment has been lessened. All experienco shows that crimo has not increased, but diminished, as tho criminal laws ol a country havo become less barbarious and vindictive. Itctaliatoiy punishments havo in a mcasuro cnasod, and tho only sound and substantial reasons for tho infliction or punishment are based upon tho tho reformation of tho criminal and tho sccu. rily of the public. That is ovidontly tho poli cy of our laws in all cases except in the inflic. lion of tho punishment of death. 'J ho right to inflict capital punishment is conscien tiously doubtod by many of our intelli gent and philanthropic fellow citizens. That number is constantly increasing. The right to destroy life, it is argued, docs not belong to an individual, and consc qucntly could not bo transferred to govern ment, on the formation of tho social cam pact. Be that as it may, still it is feared that the ends of public justice, may in some cases, tail to tic answered; that jurors mav, when cmpannellod for tho trial of capital offences, in somo instances, bo influenced to clear the guilty, by tho consideration that n verdict of guilty would result in lite death of a fellow being. The moral influ ence upon society, of inflicting punishment to deter from the commission of crime, docs not eo much depend upon its severity, as upon its certainty. This is a subject upon which strong feel ings and prejudices are known to exist, and 1 om induced to present it for your consid oration from tho fact that where convictions have recently been had in the etato, strong expression of public opinion tins been put forth to arrest tho arm of the law and has seemed to demand a commulation or mitigation of tho punishment. It, on examination of the subject, you should not conic to the conclusion that it is expedient to abolish capital punishment entirely, vet it is respectfully submitted whether the demoralizing effects of public executions would not, to some extent, bo avoided, by providing that all executions should take placo within the walls ot tho prisor. In formor communications to the General Assembly tho importance of a geological survey' of the State has been urged upon ,!,:. 'pi. ... i -.:., iiii-ii uijuoutuiftiiuii. i utj i t'uuriH uuu umii- ions of committees upon tho subject have been, without exception, favorable to the enterprise. The report of '.ho committee to whom the subject was referred at the last session, together with several nccom panying communications, containing much useful information upon tho subject, have been published in our journals, and very generally circulated throughout the state It is known to all, whose attention has been drawn to the subject, that our mountains and soil indicate on abundance of mineral wealth, which a systematic nnd thorough examination can scarcely fail to unfold A careful analysis of the great variety of soils, spread over the surface of our state, must oIbo result in the discovery of many substances ot a highly fertilizing quality inevitably adding to the prosperity ot ogri culture, the great ond leading interest of our state. With few exceptions, our sis ter slates havo undertaken examinations of this character with the most favorablo re suits. It is our true policy to adopt such measures as will foster the industry of our citizens, encourogc the commencement of new bronchos of profitable employment, by developing the natural, mineral and agri. cultural resources of the country, and thus placing within tho reach of tho young and ardent a reasonable prospect of competence and wealth--check the tide of emigration which is constantly draining us of n verv desirable as well as enterprising portion of our population- Our State House is understood In be fully completed ond furnished in accordance with the original plan. For solulitv strength, symmetry, style and adaptation to the purposes lor winch it was erected it is believed not to bo surpassed by any structuro ot the kind in the Union. J h building itself is the beet commendation of the architect. The peculiar circumstances under which the work was commenced and prosecuted, against the expressed wishes ol a strong minority in the Legislature together with the fact that the expense of the building has far exceeded the estimates of the locating committee hnvo led to fro quent enquiries into the manner in which it has been conducted; and the additional fact that committees, raised under those circumstances, havo found no cause of censure, notwithstanding their dissatisfac tion with tho location nnd expensive etyl of the building, is the best guarantee of the capacity, integrity and faithlulness of those under wiiose supertntendenco (he work lias been prosecuted. The appropri ations lor this olnect have amounted Jl33,500,inclnding (JI5.000 paid by tho in habitants ot Montpelier, ot which, 1 am in formed, a small balance remains uncxpen dcd. Mr. Young has apprised me that ho will attend early in the session for the final adjustment of his accounts. The disturbances which havo recently taken placo in the neighboring Province Canada have caused much excitement among a portion of our citizens. Men the best feelings and much moral worth participated largely in their sympathies with llioso whom they deemed oppressed J Ins slolo of things was to havo been expected. Our institution?, hnbits and education lead to that result. Under (hi excited stale of public feeling, many who were entrusted with tho discharge ofofficial duties were unjustly traduced. The mca sutcs, which a senso of duty unpolled mo 10 adopt, ore Known to my lellow citizens Relying upon their intelligence nnd rondor anu conscious 01 ttio purity nf mv intcn lions, 1 can hardly foci anxious for the result. In compliance with a ioint resolution tho last General Assembly, requesting me in appoint somo person to investigato the facts, nnd ascertain whether this stato lias a claim upon the Government of tho U Slates, for expenses incurred during llio Revolutionary war, William Upham, Esq was appointcu, who, on account of health, declined tho appointment. T Hon. Asa Alliens of Windsor was euli6e qucntly nppuinled, whoso report I havo reason lo expect during the present cession oi toe Legislature. In occordanco with "on act for regulating and governing tho militio of this stale." I appointed Moj. General Francis E. Phelps of Windsor, ilrig. Gen. Green Blackmor nf Bennington and Brig. Gen. Truman B- Ransom of Norwich, a ooaruoi nmcors io organize tho mililia, ond perform various omer services connecicu inurewuu. uiuvu lirno was consumed in procuring tho pre liminary information to enable tho commit too to commence llicir labors. A further delay was unavoidably occasioned by tho resignation of Brigndior General Ruieom in Mav last, whoso place at tho boanl was immediately supplied by tho appointment of Brigadier General hi. U. L.hasc ol Lijnuon, who was prevented entering on the busi ness of his appointment until JunJ- A partial report of their doings was made in tho early part of May, but it was dicmed important by the board, in order to com plete thu business of their nppointmnil in satisfactory manner, mat ttiey itiouiu mi? n I. ihn officers of each rerrimeit, to arrange and seltlo tho details of their organization, bclorc making a lull rcpori. i hat 6ervico was performed in Jum onu July. Their final report has just been received. The duties ol t no board nave been moro laborious than was nnticbatcd. By the force of circumstances, eitirely without my control and from which I can not perceive how blame can justly attach to ony one, tho completion of tho organi. zation has been delayed tor ujyonu ino time limited by the law. Unt'er all the circumstances it is probable that the busi ness could not nave ocen eausiaciumy hrnnriht In n r.tnsn nt o much (nrlier date, certainly not within the period' fixed in the law. Should I omit to mention, in terms of onorobation. the able and efficient man ner in which the membcra ot ino uuaru have performed tho various duties assigned them, and the assistance and information which has been promptly rendered by the officers of every grade whom I havo had occasion lo call upon or consult, I should bo wantinn in respect to rr.y own feelings, So far as I havo learned, the law of tho last session, with some small amendments, will bo very acceptable to tho individuals composing the militia. This feeling ia the moro to be prized as it affords an evidence of tho prevalence of tho opinion, that a well regulated ond efficient militia is tho surest safeguard lo our republican institu tions. I feel bound to call the attention of the General Assembly to tho condition ol the several companies of cavalry which wore disbanded by tho operation of tho present aw. Unon the faith of the late law troops ol cavalry were organized in differ cut parts of the State, the members ol which, with a laudable and praiso-worthy spirit, uniformed and equipped themselves at greater expense than any other corp9. Tho present law not only renders their uniform and eonipmcnts valueless, but requires the enrollment of the non-commis sioncd officers and privates, in the standing companies Theirs is a case ol peculiar hardship and pecuniary loss, and in my opinion, calls loudly for tho interposition of the General Assembly, cither to provide that they may retain their lormer organi zation, with liberty to recruit from the standing companies, or that ihey be rxon erated from further scrvico in the mililia By tho same act it was made my duty to solicit from the proper authorities of the bovernment ol t lie United states, me transmission of rifles, in lieu of muskets for the boloncc of orms due this state under the act of 1808. In March last I addressed the head of the ordnance office on tho sub icct, and, on the lOih mst. received inlor motion that G02 rules had arrived at the Champlain Arsenal, subject to my order Measures will bo token to hove them in spectcd and received without delay. It was also mode my duly localise the state arms in ihc Arsenal to bo put in complete repair. Quarter Master General Rich, to whom this service was assigned making arrangements to commence operations, found it difficult to procure shop in which to prosecute tho work Upon request made lo the Srcretary of War, tor the use ol the United state s shop attached to tho Arsenal, it was granted. Owing to the 6ize of the building, the number of hands employed has been limited, and, consequently, the business will not bo completed Ihe fjprrsent season. It was thought that the business could bo more economically performed by employing hands by the day, than by contract as herctolorc practised. The result justifies tho propri ety of the course, as the arms arc put in belter condition than they have ever before been, and at less expense. The result of tho attempt to collect the arms, distributed among the several towns under the act of IC12, has shown o lament able inattention lo this species of public property, on tho part of tho selectmen of many towns. There appears to be a total loss to tho stole of moro than two-fifths of the wholo number. Those in the eastern part of tho state were ordered to bo col. lected and repaired nt Windsor, under the superintendence of Gen. Phelps, and those in tho western, ot Vorgcnncs, under the caro of Gen. Rich. Tho rcporlB of these gentlemen nrc intondod to bo submitted to i ho General Assembly at tho present ecs sion. In conformity with "on act providing for tho revision of tho laws of this slate" Robert Pierpoint of Rutland, Samuel Swift of Middlebury, John Smith of St. Albans, Norman Williams of Woodstock and Lu cius B. Peck ol Montpelier were appointed. They will doubtless mako report to you of llicir progress nt nu enrly period o! the present session. Tho importance orhaving the laws, securing tho righto and protect. ing tho poisons of individuals, stripped of their uncertainty and ambiguily and ex pressed in plain and intelligible language cannot bo too highly appreciated Forty years havo elapsed since an cntiro rovisinn of our laws, such ns is now making, has taken place: within that limo tlioy havo probably undergono greoter and moro fre quent alterations than those of any other stato in tho Union, llio certain and inevita. bio consequences of which aro confusion and uncertainly. This confusion has been greatly increased, by the peculiar phrase ology of llio repealing clauso of vorv manv of our laws, making our statutes a book of mysteries, which few, but the initiated, can understand and explain. Laws gain much of their respect from their permanency, Prudent and witw legislator! will Imeitato before exchanging a law, simple in its pro-1 visions, well understood by tho pcoplo, and which does no manifest injustice in its operation, for ono, which, though it may appear perfect in theory, is yet problemati cal in its effects. It will becomo your du'y at tho present session In elect a senator to rcprcsont this state in the Congress of tho United Stoics, for tho term of six years, from and after tho 4th ol Mnrch next. Since the adjournment of tho last Gen. oral Assembly, communications upon vari ous subjects havo been received by mo from the Executives of several slates of the Union, which will bo laid before you. It has been well said thai "eternal vigi Innco is llio price nf liberty." Our fathers showed their jealousy of overgrown wealth by their legislative cnacinicnts. Wo have no large monopolists among us lo exercise a sway ; no privileged classes to exert i controlling influence over our popular as scmblics: Bui tho inquiry may well bo mado, whether our institutions aro perfectly safe in another direction and from a differ cnt class- There is occasion lo fear, that tho demagogue, under tho pretence of ympathy, may urge to a participation in our clcctivo privileges, thoso who have sought an asylum among us, beforo they shall be qualified, cither by length of resi dence, or attachment to our institutions, to exercise that sacred right. Tho purity of our elections should be matter ot frequent and careful investigation. Coming immediately from nmonjr tho people, vou must bo intimately acquainted with their wants, and in tho discharge of your duties, I can engage my cordial con currenco in all measures for the good of the people. The responsible station to which my fellow citizens have been pleased repeatedly to call me, entitle them to my most grateful acknowledgments; and this renewed ma Mi of tho public favor greatly increases my obligations. SILAS 11. JUN1SUN. Montpelier. Oct. 13. 1830. Oct. 12. SENATE, 3 o'clock, p. m. A communication was received from the Governor, announcing the appointment of George B. Manser, Lsq. as becrotary ol civil and millitary aflairs and inlorming m Senate that ho would deliver his annual message lo.morrow morning 10 o'clock. Mr Hubbcll offered a resolution relating to tho tru3lce process, which, on motion of Mr. Pierpoint, was amended and relorred to the committee on the judiciary. Mr. Swilt presented tho petition Henry Dillon, which was read and rcfered to a select commute, Messrs. llurton, lie hard and Harvey. Mr. Chittenden presented the memorial of inhabitants of Burlington, praying for tho repeal of existing license laws and prohibition of tho traffic in ardent spirits A similar memorial was presented by fll Burton, of ladies and inhabitants of Rupert The memorials were read and referred to the com. on Roads and canals. Adj. HOUSE OF REPRESENTATIVES Petitions referred Of Troy Conference Academy, accompanied by a bill, increasin number ot trustees, relerred to the com mittee on Education. Of Henry Dillon.on motion of Mr. Gowdv read ond laid on the toblc. Of inhabitants of Guilford, two petitions, one of ladies, IIubbardlon,Wey bridge, Vernon nnd Craltsbury, relerred on temperance memorials ; of selectmen ol Vernon, to com. ol Ways and Means; inhabitants of Crafisbury and Milton, llio com. on antislavery memorials; Chas. S. Spalding and others to com. Military aflairs. A communication from the Governor announcing the appointment of Geo, B Manser Secretary of civil ond millitary af fairs, and that to-morrow at 10 o'clock would communicate his annual message was received and read- Resolutions. By Mr Fairbanks, raising on inquiry ns to the expediency advertising sheriffs' sales in certain cases by Mr. Butler, as to tho expediency abolishing capital punishment; by M Dewey, instructing the committee of Elec lions to inquiro whether any members the House liotu olticrs ot trust or pro under Hie authority of Congress all which were adopted By Mr. Beardsley, instruc ling tho judiciary committee to report bill abolishing imprisonment for debt withdrawn, a similar ono having already been adopted, liy Mr. liutlcr, assigning 10 o'clock, Tuesday next, to elect judges of the supremo court adopted. Bills Introduced By Mr Leonard, rcla live lo acknowledgement ofdeeds, referred to General committe ; by Mr Bard, repeal i it jr ihc act relative to the practicoof phy ic and surgery, referred lo judiciary com by Mr Wheeler, lo continue in force the charter of the bank of Montpelier, refer red lo the committee on bankB. The bank inspector's report was present ed, and laid upon llio tablo, Aclj SENATE. Saturday, Oct. 13. Memorials By Mr. Short, of the inhab itauls of Thetford, on tho subject of tern pcranco. On motion of Mr Kittcrcdge tho memorial was referred to n select com mittco of ihrco, (Messrs Young, Ranney and Goodwin;! n similar memorial of tho inhabitants of Townscnd, presented by Mr Uarncs, was relerred to tho same commit tee; and on motion of Mr Converse, the committee on roads and canals was dis charged from the further consideration the several tempornnce memorials referred to that committee, and the memorials wero severally referred lo the soloct commiltco Resolutions By Mr Young, providing lor canvassing the votes for members Congress, paused, and a commiltco was raised for the purpose, (Messrs Chandler bwitt, Uowon, Young ond McMillan; Mr Briggs, proposing to amend (ho joint rules, read and passed. Bills By Mr Briggs, incorporating the Brandon Rail Road Bank, read twico and referred to tho commiltco on Banks. The Governor's messago wbb received and read by the Secrotnry of the Senate. Mr Lawrenco ofiorod a resolution dosig. nating Monday next In elect u Senator in llio Congress of the United States, which, on motion of Mr, Steele, was laid on the table. Adjourned. HOUSE OF REPRESENTATIVES. Prayer by tho Rov. Mr Kellogg. Tho chair onsouncoi tbo following ap Standing Committees. Ways and Means Messrs. Dewey, Ad. oms ot (J. I, Townaiey, wcniworm, Noves. Of C aims Messrs. Blockmcr, Hunting. ton. Beardsloy, llozen of Alburgh, Kellogg. On Banks Messrs. Bradley, Mohocks, Hostlngs, Onion, Trask. Juotciory Messrs. Dillingham, Hopkins, Fulloin. Field of VV.. Miner of Manchester. On Military Affairs Messrs. Sawyer of Sudbury, Bngham, Bailey of Poultncy, Wnshbtirn, Stevens ot bsscx. On Roads and Canals Messrs. Fair banks, Howctt, Bucklin, Farrington, Hay- ward of Addison. Of Insolvency Mcssrs.EUiott.Dinsmore, Butler, French of Wilhston, Corse. Of Agriculturc--Mrssr8. Harvoy, Bul lock. Field of Benson, Hazard, Morgan. On Manufactures Messrs. Rich ol Shorcham, Moulton, Warner, White, Blako. Land Tax Committee Messrs. Allen of Irasburgh, Whitclaw, Martin of Peacham ltuflum, Colton. General Committee Messrs. Chittenden, Dean, Bcboo, Worden, Dnud, Carpcoter, Fletcher, Lonce, Smith of Sheffield, Fuller, I Page, Egcrlon, Hibbard, Corbin. On Education Messrs. Gowdy, Fox, Corey, Bard. Sabin. On tbo Grand List Messrs. Adami ol Marlboro', Harris, Wiley, Sherman, Gro vcr, Hays, Koycs, Ilazen of Norwich, Strong, Jewclt. Slcbbins, Chamberlain, Avres, Morrill, Richardson of Wailstield, Wheeler, Hutchinson, Burrington. Soulo, Drury, Huntoon, Kingsbury, Whitney, Griswold, Brooks, Apploton, Wadsworth, Hall. Distributing Committee --Messrs. Hewcs of Glastonbury. Rico of Stratton, Pearsons, Weeks, Atwood, Brackott, Judeon, 1 urncr, Darling, Watkins, Gilkoy, Luce, Andrich, Uorbin. Select Committees. On Slavery and tho Slave Trade Mesera Goodalc. Onion, Stone. On Temperance Memorials Messrs. Fairbanks, Ellsworth, Brewer, Bnchelder, Adams of Brookline, Russell, Winslow, Field of Jericho. Cole, Bellows, Ilinmon, Fii-k, French of Brunswick, Wadsworth. Lumap Rublco, 1 Joseph D. Hatch, officers of tho House, Martin S. Brown, ) Lucas M. Miller, Messenger. Bills introduced atid referred By Mr Beardslcy, in addition to act constituting supreme ond county courts, to judiciary committee; by Mr Chandler, to oiler tho name of Abel Clnugh. to Gen'l committee ; by Mr Stevens, altering terms of Chitten den co. courts, to Judiciary committee. Resolutions By Mr Colby, providing that the proceedings of joint assemblies, except the appointment ol justices ot tho peace, bo entered upon tho journals of the House: Mr Dewey moved lo erase the ex ception accepted, anil tno resolution, on motion of Mr. Fullam, laid on tho table. By Mr. Fullam, laid on the table. By Mr Gowdy, for an inquiry relative to im prisonment in cases of trespass adopted. By Mr Brordsly. relative to premiums lor agricultural products adopted. Air Manser, Secretary ol civil and mill. tary affairs, appeared in the House, and presented the annual messago ot his excel lency the Governor, which was read, ond on motion of Mr. Fairbonks, COO copies were ordered to be printed, Petitions referred Of Amherst Wil loughby and Edo Kellogg, to judiciary committee ; of Sylvanus Ripley, to com mittee of claims ; of inhabitants of Geor gia, Milton, Vcrgcnues, Weybridge and Clarendon, of P. Eldridge and others, of J. Nichols and othors, of Wm. Clark jr. and others, and R. Chambers and others, to commiltco on Temperance memorial : of II. Dillon, to judiciarv committee; of Chs M. Hamilton to commiltco of claims; of A. Blood ond others, to commiltco on military affairs ; of J. Nichols, S. Chapin, G. Carpenter, of inhabitants of New Haven and Weybridge, to committee on onti-sla very memorials; a petition, relative to at torneys practising in our courts to judiciary committee: of Anson Coo and others, lo judiciary committee. The Senate came in, and both Houses, in joint assembly, proceeded to mako the following appointments : C. L. KNAPP, Secretary of Stale. C. L. Knapp IG4, J. T. Marston f!5. blanks 3--Mcssr- Ranney and Dillingham acting as tellers. MILTON BROWN.Sup. Stato Prison. Milton Brown 1G3, Bridgman Hapgood 86, scatteriog 2. Cha's Hopkins of Windsor, ) Cnm'rs deaf, John Uewcy of Guildhall, dumb and A- G. Whitcmorc, Milton. ) blind David Pierce of Woodstock, auditor of accounts against tho stato. David Piorco 102. Royal Hatch G2, scattering 2. nim.AND COUNTV. Irn Parsons, Sheriff. A. W. Reed, High Bailiff. Solomon Fool. Stales Attorney. Ambrose L. Brown, judge of probato for the district nt Rutland. Almon Wnrnor, judgo of probato for the district ol l airhavcn. Robort Pierpoint, Luther Daniols, Win Fay, jail commissioners. LAMOILLE COUNTT. Gardner Gates, 2d assistant justice. Rivcrius Camp, Sheriff. Luther H. Brown, high bailiff. Salmon Wires, Stato's Attorney. Samuel A. Willard, judge of probato. Ansel Huntoon, John Walker. A. L. Burke, jail commissioners. Robert Campbell, inspector of hops. On motion of Mr. hopkins, resolved that so much of tho Government s message os relates to a geological survey of the state, be relerred to a select commiltco ot live. On motion of Mr Hopkins, Tursday afternoon next was assigned lor joint as sembly to elect a reporter of (ho decisions ol tho supremo court, onu nn ogent lo set lie tho concorns of tho Vormont Stato Bank. Adjourned, Intempkiiance! Tho Young Men's Temporanco Society nf Dover, New Hamp shire, havo published from "careful invent i gation" tho facts, that of 975 voters in that town, lot) aro drunkards, anu uni n wm ows of 11C wero reduced to widowhood by intemporance. Sovou.oigutha of tho pau poriem is oviog to thij cauie. STATE OF VERMONT, A V1S.TnlCT0pCl,ITTENKIiMO a. probato court holdcn at Burlington, within and for tho Baid district on tho Clh day of Sop ombor, A. D. 1B3U, Present tho Hon. Charles Russoll, Judgo, an Instru mont purporting to bo th0 last will and ten lament or Joseph Jones, lato of Underbill, deceased, boing presented to tbo court hero by irurnan Sholdon, tbo executor thcroin named, for probato ; it is ordered that all persons concerned Ihorom bo notified to ap pear at a session of said court to bo holdcn at tho olficu of tho register of this court in Bur lington, in said district, on tho second Wodnes. day of October noxt. and show causo, if any, against tho probato of siad will, for which purposo it is further ordered that a copy of llio record of this order bo published threo weeks successively in tho Free Press, printed at Burlington as soon as may bo. Attest WM. WESTON, Register. WE tho subscribers having been appoint cd by tho lion, tho probate court for tho district of Chittenden, commissioners to ro coivo, examino and adjust all claims' and de mands of all persons against thocslato of Jo seph Simorids lato of Charlolte.in said district, deceased, represented insolvent, and also all claims and demands exhibited in offset there" to ; and six months from tho day of tho dato hereof, being allowed by slid court for that purposo, wo do therefore hereby give notico that wo will attend to tho business of our appoinlrncnl.at tho dwelling of Geo. Perkins, in Charlotte, in said district, on tho first Mondays of November and February next, at in A M ... t. .,..!., 'j ' iu " wuvii ii. in, uii uuuu ui nam uays. Dated this 25th day of September A- D. EZRA HOLT, ) Commis. , THOMAS C. HILL, sionors. Melissa Fuazeh, rjlHE petition of vs. JL Malissa Fraier Elias B. FnAzsn. ) shows that she wis married to Elias B. Frasor. December 7, 1U27, that on the 9th July 1833 the said Elias left his home and tho petitioner, and for moro than threo years has wilfully deserted her and neglected to provide her any means of support, and praying that a bill of divorce may bo granted her. It is ordered that the said Elias B. Fra ser appear before the Supreme Court at their session at Burlington on tho Thursday next preceding the first Tuesday of Janu. ary, 1839, to show cause why tho prayer of said petition should not be granted. And it being shown that said Elias is out of tho reach of the process of this court. It is further ordered that the substance of eaid petition and of this order be published in t lie Free Press three weeks successively, tho last of which to bo six weeks beforo tho session of said court. SAM'L S. PHELPS, Sept. 27, '38. Judge of Sup. Court. TO the Hon. the Probate Court for the District of Chittenden and Stale of Vermont. comes Harry Miller, of Williston in said District, and shows to said court that ho is legal guardian of Mary K. Miner, a female infant under the age of eighteen years, and of Elias R. Miner, a male infant under the age of twenty one years both of said Williston, and that the said Mary K- and Elias R. are seized in their own right in fee as tenants in common of half an acre of land lying on the south side of the turnpike road in the village of Willis, ton, bounded as follows on the East by Loyal Larkin's land on the West by land occupied by Elisha London. on the South by Truman C. Sherman's land, and on the North by Baid turnpike road on which said land stands a small house and barn, and that a sale of said land will be condu cive to the best interest of his said wards. He therefere prays said Court to em power and license him as guardian aa aforesaid, to sell and convey the said land, agreeably to the statute in such case made and provided. HARRY MILLER. Williston, October 10th, 1838. STATE OF VERMONT, ) At a pro District of Chittenden, ss. j bate court holden at Burlington, within and for tho District of Chittenden on the 10th day of October. A. D. 1838, the foregoing peti tion of Harry Miller, guardian of Mary K. Miner, and of Elias R. Miner, infants, be ing presented lo said court, the court afore, said doth assign the third Monday of No vernber next for hearing the same, at tho Eagle Hall in Williston and doth order, that notice thereof be given to all persons intere-ted in the estate of said wards, then and there to appear before said court, and show cause, if any they hove, why the prayer of -aid pel ii ion should not he .'rant ed, by publishing the substance of said pe tition, together with t h i- o'dor, two weeks successively in the Free Pre?, a newspaper printed iu said Burlington, tho lasl of which publications lo be at least two weeks pre vious to the said third Monilay of Novem ber, 1838 WM. WESTON. Reg'r. STATE OF VERMONT, ) District ok Chittenden, ss, THE Hon. Ihc Probate court for tho District of Chittenden, to all persons concerned in the estate of Jonathan Brak enridge, jr. late of Charlotte, in said dis trict, deceased, Greetino. Whereas, George Perkins, executor of tho last, will and testament of eaid deceas ed, proposes to render an account of his administration, and present his account against said estate for examination and allowance at a session of the Court of Pro botu to be holden at tho Recister's office in Burlington on the second Wednesday of November next. Therefore you are hereby notified to ap pear beforo said court, at the lime and placo aforesaid, and show causo if any you have, why the account aforesaid should not bo allowed. Given under mv hand at Burlington, this 10th day of October. A. D. 1038. ol 1.3 WM. WESTON. Register. WE tho subscribers, having boen appoint, cd by llio Honorable the Probato Court for the District of Chitlcndon, commissioners to rcccivo examino, and adjust tho claims and demands of all persons, against tho estate of Nowton Russoll, )alo of Charlotte, in said District, docoased, roprosooted insolvent, and also all claims and demands exhibited in offset thorolo ; and six months from llio day of tho dato horoof, being allowed by said court for that purpose, wo do thoreforo hereby givo no tice, that wo will attend to tho business of our appointment, at tho dwelling of Ellis M. Uui. sell, in Cliarlotlo, in said District, on tho first Saturdays of January and April next, at teu o'clock. A. M., on each of said days. Dated, this first day of October A. D. 1638. ELANSON 11. WHEELER, ) Commits HlliAM PIER BON, )mom.