Newspaper of Burlington Free Press, September 17, 1841, Page 2

Newspaper of Burlington Free Press dated September 17, 1841 Page 2
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vijto .iiuss.vui;. To th if Itqitescnlathcs rf the Vnitcd States. It is wllli extreme regret thnt 1 foci myself flnstraincd by the iliity faithfully 'o execute t lie effico of President of the United .Stale', nnd tn tho best of my ability "to nrc-crie, prtcc', and defend the Constitution ofthe United State," to return to that House in which it originated, tho bill "lo provide for the better collection, t; ,fo keeping and disbursement of I lie public reii'iiiie by means of a corporation, to bo styled the Fis. eal Corporation of the United States," with my written objections. In my message cnt lo the Ponalo on the 10th day of August las', returning Ihn bill "to incur potato the subf-crihersto the lncil limit oftlif United State.'," distinctly deehrn.l tint "my own opinion has boon uniformly p-oe'ln'iti'nl to bongaimttho excrrir-o of the power of Con. grass to create a National Hi ik to operate fr $4 over the Uuion," and entertaining that ojnn ion, my main objection to tint bill was bucd upon the highost moral and religious obligations f conscience and the Constitution. Ireadly admit, that, whilst the qualified Veto, with which tho Chief Magistrate; in invested, hould be regarded, and was intended by the wiso men who made it a patt of the Constitution, an great conservative principle of our system, without the exercise of which, on important nc caeions, a mere representative majority might nrge the government, in its legislation,' beyond tho limits fixed by its framers, or might oxert its just powers too hastily or oppressively, yet, It is a power which ought to be most cautiously exerted, and perhaps never, except in a cae em inently involving tho public, interest or ono in which the nithoflha l'rci(.ent, acting tinder his convictions both mental and, imperi ously requires its exorcise. In such a case he has no alternative Ho must either exert the egative power entrusted to him by the con. titution chcifly for its own preservation, protec tion, and defence, or commit an act of gross mor el turpitude. More regard to the w ill of a majority, must not in a Constitutional Republic like ours, con trol this sacred and solemn duty of a sworn offi. cer. The constitution itself I regard and cher ish as the embodied and written will of the whole People of the United States. It is their fixed and fundamental law, which they unani mously proscribe to tho public functionaries their inero trustees and servants. This their will, ami the law which tlmy have given us as the rule of our action, has no sruard, no guaran tee of preservation, protection, and defence, but me oatiis winch it prescribes to pumic. otticcrs, the sanctity with which they shall religiously observe those oaths, and the patriotism with which tho people shall shield it by their own sovereignity, which has made tho constitution supreme. It must bo exerted against the will of a mere representative unjonty, or not at all. It is alone in pursuance of that will, that any measure can reach tho President; and to say that because a majority in Congress haio passed a bill tho President should therefore sanction it, is to abrogate the nowcr altogether, and to ren der its insertion in tho couti;utiou a work of absolute supererogation. The duty is to guard tho fundamental will of the people them-ehes from in this case I admit unuitontion n change or infraction by a inijonty in Congress ; anil in that light alone do 1 regard tho constitutional duly which I now most reluctantly discharge. Is this bill, now presented for my approval or disapproval, such a bill as 1 have a ready declared could notrecoivo my sanction ! Is it such a bill is calls for the exercise id the negative pow er nnder the Constitution ! Does it violate the Constitution by creating a iVatioml Umk to op erate per se over the Union 1 Its title, in the first place, describes its general character. It is "An act to provide for the bettor collection, iafe keeping audditbursement of the public, rev enuo by means of a Corporation, to be styled the Fiscal Corporation if the United Sta'cs." In stylo then it is perfectly nation il in its charac ter. Its powers, functions, and duties, are those that pertain to the collecting, safe-keeping and disbursing the. public revenue. The means In which these are tn be exerted, is a Corporation, to bo styled the Fiscil Corporation of the Uni ted States. It is a created by the Congress ot the United States, in its character of a national legislature for tho whole Union, to perform tho fiscal purposes, meet the fiscal wants and exi gencies, supply the fiscal uses, and exert the fiscal agencies of the Treasury of the United States. Such is its own description of itself. Do its provisions contradict its own title ! They do not. It is true, that by its first section it pro vides that it shall be established in tho District of Columbia, but the amount of its capital tho manner in which its stock is In I e subscribed for and held the persons and corporate and politic by whom its stock may be held the appointment of its directors, and their powers and duties its fundamental articles, especially that to establish agencies in any part of the Uni ted States tho cori.ori'.e piwers anil business of such agencies the prohibition of Congress to establish any other corporation, with similar powers, for twenty years, w,lh evpress ru.-orv-.t-tion, in the same clause, to nimbly r create any bank for the District of Columbia so that theag. gregate capital shall nut exceed fhe millions without enumerating other feasiircs which are equally distinctive and characteristic clearly how that it cannot be regarded as other than a Bank of the United Mates, with power seem ingly inure limited than have been heretofore granted to such an institution. It operates per se over the Union, by virtue of the unaided, and in my view, assumed authority, of Congress as a national legislature, as distinguished Iroin a Bank created by Congress for the D. strict ol Columbia, as the local legislature of the Dis trict. Every U. R. Bank hrretofo. j created, has had power to deal in bills of Kxcango as well as lo cal discounts. Iloth wero trading privileges conferred, and both exercised by vutue of Hie foresaid power of Congress over tho whole Uu ion. The question of power remains unchan ged, without reference to the ex'out ofpnvilfge granted. If this proposed corporation is to lie tegaidcd as a local Hank of tho District of Co. lutnbia, invested by Congress with general pow ers to operate oicr the union, it h obnoxious to still stronger objections. It assumes that Congress may invest a local institution will, general or national powers. With the same propriety that it may do tins in regard to tho dis trict of Columbia, it may as to a Stato l'ank. Yet, who can indulge the idea that this (Severn tnent can rightfully, by making a State Haul; its fiscal agent, invest it with absolute and unquali fied powers conferred by this bill 1 When I come to look to the details of the Hill, they do not recciinmend it strongly to my adoption.' A brief notice of some of its provisions will suf fice. 1st. It may justify substantially a system of d's. counts of the most objectionable is to deal in bills of exchange drawn in one statoand payable in another without any restraint. The bill of exchange may have an unlimited term to run, and its rcncwabihty is no wharc guarded against. It may, in fact, assume tho mo-u ob jectionablc form ! of accommodation. It is not required to rest on any actual, real, or sub-tan. tial exchange basis. A drawer in one place becomes the acceptor in another, and so in turn the acceptor liny becomo the diawer upon a mutual understanding. It liny at the snnu time indulge in mere local d.scounM under the name of bills of evchan'e. Abilldriwn at Phil adelphia on Cam len, New Jersey at Now York on a bonier town in iSew. turkey at Cm cinnattion Newport, Kentucky, not to multiply other examples, might, for any t.,mg in this bill to restrain it, become a mere matter of local ac. commodation. ("Mies thus relatively situated would possess advantages ovor cities otherwise situated, of so decided a character as most just ly to excite dissatisfaction. 2d. There is no limit prescribed to the pre miumin the purchaso of bills of exchange, there, by correcting none of tho evils undor which the community now labors, and operating most in juriously upon the agricultural tS'tatos, in which lb inequalities iu the rates of exchange are most severely felt. Nor am these tho only con-' ecqimiiccs : .i resumption rf specie piyinentsby tlm Hanks oi those states, would bo liable to in definite pos'ponoinent for, as tho operation of iiiu.igciir.ic8 in the interior would clnclly cm. sist in selling bills of exchange, and the pur chases couhl only bo made in specie or tho notes ofspecio paying banks, tho .State H.anks would cither haio to continue with their doors closed, or exist at tho mercy of thin national monopoly of brokerage. Nor can it bo passed over with out remark, that whilst tho Dislr ct of Co'.umbii isj'iiade tho seal of the principil bank, its citi. zens are niinicu troni all iiirtir.ipHtion in anv benefit it might affird, by a positive prohibitioi on the btnklroni aj discounting with.n tho Die tnct. These are some of the objections which nrnttv incnlly exist against the details of tho bill, others might bo urged ol much force but it would be uniirnmatiie to ilwoll uiion theni, SuuVuitti add, that litis charter is designed to conlintu1 Mir momy years williouta cniiipolitnr tliatitir defeits lo which I have alluded, hem r well foun. iled 'lithe fundamental law of the Corporition, nre irrevocable and if tho objections bo wel founded, it would be ovor hazardous to pass the bill into a law. ' In conclusion I take leave most respectfully to say, that I have telt the most anxious solici- tune to meet the wishes of Congress in tho adop tion of a Fscal Agent, which, avoiding all cos. stitutioual objections, should harmonize conllic ting opinions. Actuated by this feeling, I have been ready to yield much, in a spirit ol conciliation, to the opinions of others. And it is with great pain that I now feel compelled to dif. fer from Congress a second time in tho same session. At the cnmnie-iccinentof this session, inclined from choice tn defer to the legislative will, I submitted to Congress the propriety of aoopnng a risen Agent which, wilnuut viola ting tho Constitution, would separate the public inoiify mini executive roiitro', perlorm the op rations of tho Treasury without being burden some to the people, or inconten.'ont, or cxpen. sive to the Government. It is deeply to be regretted, tint this Depart ment of the Onvernment cannot, unon Constitu tional ground, concur with the Legislative De partment m this last measure proposed to attain these desirable objects. Uwmg to the brie space between the period of the death of my la. inented predecessor and mv own installation in. lo office, I was, jn fact, not left tuno lo prepare and submit one of my own, m my regular mes sage, ann since, my mind has been wholly occu pied in a most anxious attempt to conform my action to thelegislatiio will. In this conimuni- cation, I am confined by tho constitution to my oojections, simply to this bill, but the period of tho regular session will soon arrive, when it win do my duty under another clause of tin Constitution ";o give to tho Congress informa tion of the state of tho Union, and recconimond to their consideration buch measures as 1 shall judge nceccssary and expedient." And I rno-l repcstfully submit, in a spirit of harmonv. whether tho peculiarity of my situation does not entitle me to a postponement of this subject to a mure auspicious pernul lor deliberation. I ho two Houses of Congress havo distin guished themselves at this extraordinary session, by the performance of an immense mass of la- bor at a soa-oii very unfavorable, both to ho.i th and action ; and have pasr-ed many laws, which, I trut will prove highly beneficial to the lnior- n.sus oi me countrv. anil fullv answer its mat ex pcctations. It has been my gojd fortune and pleasure, to concur with them in nil measures except this. An I whvshunld our differences on this alone be pushed to cxtromos ! It is my anxious desire that it should not be. 1 too. have been burdened with extraordinary labors of late, and I snicerolv desiro tune fur deen and dulib. crate reflection, on this the greatest diliculty of my administration. May wo not no.v pause, mi- til a more favorable time, when witli tho most anxious hope that the I.xccutivo and Congress may cordially unite, some measure of finance may bo deliberately adopted, promotive of the goo.l of our common country. 1 will take this occasion to declare that the conclusions to wliirh I'have brought myself, are llmsc ol a settled conviction, founded in mv opinion on a just view of the Constitution. i hat in arriving at it, I have been actuated by no other motive or desire, than to uphold the in stitutions of tho country, as they havo come down to us from the hands of our Uo'd-like a'icestnrs and that I shall e.-toem my efforts to susta.n them, even though I perish, more honorable than io win tno applause ot men by a sicnhco of on duty and my conscience. JOHN TYLKR. ' Washington, Sept. 0, 1811. B ANKRUl'T KILL. An Act to a uniform svsp-in of bankruyl ry throji'liinit tho United Stain. Bt it madid, by Srnaltanit jii.o of lltprc acituticc tn fie viu cu &iatti oj America, in Wongrtss wsstmuicu, i nm men: iiv, nun nurcuy n, cstaulislitiu tlir.ui 'bout tho United States ,i umtorm svstum ol baiikniptoy, n follows: All per in wlintroever, re "idiii in any st He, District, or Territory, or the United Sta t-e, OH'iiU'dobin, which shall nut fine bewi matci in conuiiencool a dtfilcntiun as a public oilacr, or as executor, .ubiimismitor, guardian, or irusii-e, or "nil.) nuun;; in any oilier liUuenry capac ity, h ) sin I, by iieiuiiHi, seliim; forth to ihe l,et ol hn knuwlwlj ami helifl, a list ol his or their i-rcd-it rs, tbeir respooiive places of ri's dtncc, and die inijuiitd o to each, tucthcr with in accural hicn- nry ol lusor niBir property, lights, and creJits, ot' uveiy mime, kind, and description, ami the location .Till sanation of each mid every parrel and portion thereof, verified by naili, or if conscientiously scrnpu lou oftakins ani.ath, by solemn afliniuition, apply iotli!irripjri-onrt, n liuremafler mentioned, for the benefit of this net, and therein declare llieins -Ives to bj unable lo meet iheirdebts and rnuagumcnts, shall bs denied bankrupt within ihn pur view'of this uct.aud in ly bosadu-lnrrd aecordin-'lv bv n deerr nf snrl. court. All persons beina iii.'rchnnta, or usuii! the, irnie oi uicrciian u.c, an reiauers ot merchandize, and all bankers, factors, brokers, underwriters, or iiniineins.irers.owius debts to the amount of not less two thoiisind dollars, shall bi MhIiIp m d... onio bankrupts within llic lrueintent& morning of .in-. ..v., -,..u nny, ujiou uie jiuuion oi ono or inoie of their creditors, towlltim thev men rtet.u nmnmitin.r in the whole lo not lessihan five hundred dolllars, lo the appropriate court, beau declared ncci rdinfrly m the follow,!!:; cases, town s whenever such person, being a merchant, or actually uing the trade of mer- uiirfuuize, or neiin; a ittaiier ol iiirrchanuisr, or being a banker, farior, broker, underwriter, i,r marine in surer : shall dipart Iroin the fitste, PtMrict, or Ter ritory, of which ho is an inhabitant, with intent to de fraud Ins creditors i or him I conceal himself to avoid bcnis arrcsii il ; or shall wilhnely or fraudulently pro 'iire biinstlf lo be arrested, or'lus go id and chattels, lands, or tenements, to be attached, di-tia:ned, se luesiered, or taken in rxecul;-jn j or shall iciiiovelus loo l, chatlles, mid eirects or conceal them lo pre vent llieir bfiriff levied upon, or taken in execuiion, or by oilier process j or make any fraudulentconveyan-e u-ii!niii.'in, Sftlc, nifl or oilier trnntlrr of l is lamia fiiemeiits, poods or cha'iles, cmlits or evidences of ueui :i-rorititanoirinr,l lint any pirson so declared a bankrupt at the instance, ofa creator, may, at his election, by petition to such couit within ten days af ter lis dserne, ho entitled to ri trial bv i rv hi-lorn nrh 'loiirt, to asjrrtnii llie fact of such bankruptcy i or if such person shall resile m n ore.ii .l .hnr. rr....i ii... plaeeof holdin mch roiirt the said Judce in Ins de an Inn, may direct rich Ilia! I y jury to be had in llic 'ountry of such person's rcs.deiire, in such manner, and mi ler siieh directions as the said court may pre scribe and civc sand all audi decrees pased by such court, and not sa re-examined, vhall bo deemed final and conclusive as in the su'ij-cl-mat'er thereof. Sec. i.Andbeitfurtlurtnaclal, Taut all future payments, becuiitics, conviynuccs or transfers of property, or af rn-meiits made or civeu v any bank rupt in co!i'emplatiiinofhaiikrupicy,aiiilfor thepur-pi-e of civini! any creditor, end' rsi r, suiety, or oilier persona'iy i referencn or priority over tho ceiiern, creditors of such bankiupii and -ill oilier piymcnM, s-ciirilies, convcyaiiees, or iransfers of properly, or agreements made or ijivcn by s ich b inkrupi in con templation ol'binkriiptcy, to any person or persons whatsver, not liein a bona fide credilor or porch is. er for a valuable consideration, without nohee, shall lie ilepiu-i title tly void, and f-nu I upon Ibis net; and the nssi3i,cu nn )er llic bnnkr.ipicy shall bo entitled lo rl iini, sun for, recover, and receive, iho same as part of ilia as els of tho bankruptcy j and the person onkin,' such unlawful priferenccs and pnyments ba I receive nidisi-lnruiiui Icr iho provisions ol this net l'ratitlctt, Thaliilldealuiasanl Irainiclions by and with any ban' nipt, bona II In ninlo and entered iiilo uioro than two mouths before ihn ajaiust luui, or bv I in. shall not be imnldnlnl or 1'iclcd by lb s nets I'rociiM, That the 1 1 icr pa'ty to any sik Ii dnlm's or transaciions had no nonce n a prior net of bankruptcy, or of the iiitcnton of Ihe bankrupt to take the benefit of ibis net. And incase it shall be ma lelo nppear lo the court, in the course of llic nrocendini's in bmkruntrv. thil llm liankruot. j his application beintj voluntary, has, subsequent tn Ilia first day of Janu iry last, or ntnnyoiher lime, in I conifmplaion of iho passao of a bankrupt law, bv ! as'Untnents or oihfrwise, piven or secund ony pref- 1 rreilCCtO 0I1C Crerlitnr tvrr nnr.,1.. r lii. u!.-ll n.t ceive a discharte unless the snine b'e assented to by o majority in uitrrtt of tbo of bis creditors who havt not been so preferred t Andnretltialnlio, That no. j iiuiig in i u is aci coniaiiiR.i simit un coiinrm-li'il io annul, destroy, or iinpali nny Inwlid rikbls of mar-1 ril women or li i lois, or any bens nioilsrnscs, nr other Becuilllesoii piopjtty, teal or personnl, wliieh limy no vaiiu uy inn laws i tno states lespiclivtl)-, and vvhieharo not ilic insirtitit with tho provisions ol the second and lillli secbons of tins r.ct. Sec. 3. Andbe It further trtiic-fa, That all theprop city and rights of pn peny ol every nauu and nature, and whi-ther rial, personal or mixed, of every bank rupt, except a is licrcinnl'irr prov.i'id, who sha I by a docrecoi the proper court bo declared lo be n bank, within this acl, s lull, by mrro operation of 'aw, inso f.icio, from lira tunc of rurh deciec,boriwmf.d to bo divested out of such ban tupi, wilboiit any other a.-t, nss g inicnt,orotliit conveyance whatsoever and tie snnu shall Iu vcstid,l y force of the sauio decree ii s.ich bm itueo ns (loin imiu to time shall be np p 'iuitd by ihu plnpot courtier this purpose t which pawcr of(i)oiiliuc:il and removal such court may eiercisaai lis discrcli in, lull s nuot'esi an I llie np-is- ...I -l.-ll l. ...I ....I. .It ..lii in u p'i a''"inii.'i i""ii I'v -.ifii ivil ill, ihu iiiiir. lilies, powers, and anthoiitits to sell, tnanncc, miit lisposcol thu same, nil I to suo for mi l ilereud the Silne. subieet to the outers nml iltrecli ins of such i-outl, as tally, to nil intcnlsiiiid purposes, ns if the same were viMieu in, or uni lit he exeicised by, sucn ban rupt before or at tho tiijio of hisiankriiptcy do laredss nfoiofaid and nil Suits in law or, in equity, then Denduiir. in which such lunkrunt is a narlv. ui.iy hepri seed sj and defended by such assignee to their final conclusion, in thcaiiic wny, and with the samectlect, as they iiuglit navebeenby such banK runt : and no suit commenced bv or nsainsl any ns sinnce shall be nhatcd bv bis death or removal from o hce, but the same may bo prosocnled or defended by his successor in the same office 1 l'rovidrd hmrercr, That there shall bo excepted from tho operation of the provisions ui mis s?cuon uie necessary nouscnoia anu auction iiiriinurc, anu such other articles ami ni-ces sariesofsuch bankrupt as tin said assignee shall des unate nnd set opart, liavins rLferenco in the amount to the family, condiliou, and ciMinistance of tho bankrupt, but nltogclhcr not to cxceile in value, in any case, the sum of three hundred dollars ; and nlso mo wearmu apparel ol such bankrupt, and that ot Ins w u and cm urens anu Iho determination ol llie ss siimrcin the matter shall, on exception tnken, bo sub jjet to tno final decision of said court. Sec. 1. And be it further enacted. That every bank rupt who shall bona lido surrender all his property nnd riL'ht) of property, with the exception before mention ecf, for Iho benefit of bis creditors, and shall fully com ply with and obey all tno orders and directions which m y trom tuna to liino bo pasicd by the prnp.-r court, and shall otherwise conform to nil Ihe other renuisi- lions of this act, shall (unless a tnnjoiity in nuinhtr aiiil.valueot h a creditors, wliohavepioved llifirdebts shall file their written dissent llictetol becntiiled tn a full thscliatgc from all his debts, to bedecreed and al- loweil ny inocoiirt which lias declared mm a tiann rupis an J a certifka'o th -riof grant-d tn him by such couit a.-ci)rdinily, upon his petilim filed for such mirDJse, such d.sohan'e and ccniticato not. however: to tie granted until al'ti r ninety days from the decree oi bankruptcy, nor until alter scvcniy nays notice in some puuue newspaper, uesignaieu nv sucn court to all creditors who have nroved their debts, nnd olho persons in interest, to appear nt a particular time nnd place, to show cause whv such discharitoand certlfi cab! should not be grunted; at which time nnd place any auto uieiiui.r-, oi uiuer persoii in iniire-ii, may nppoar and conto-t the rishtoftho bankrupt thereto: 1'rorided, '1 bat iu nil cases w hero tho residence of the credilor is Known, u service on bun personally or bv let'er nddrcHed to him nt bis known usua place of residence! shall be prescribed by tho coirt, as iu their discretion shall .eein nroncr. havinrr re- pard to tho distance at which the creditor resides Irom such court. An I uaiiy such bankrupt shall bo g nlty of any fraud or wilf il concealment of his prop erty or rights of propeityi or shall h ivo prehrrcd any of his creditors contrary t j the provisions of this act. or shall wilfully omit or rtfuse to carnply with any orders or directions of such court, or to conform to any oilier reip isi'os of this act, or shall, in thu pro i (o in-s in dsr this act, admit a false or ticli ions debt aijauisi hi- estate, bo shall not bo entitled to any such discharge or corlilicaloj nor shall anv pcrmn b n merchant, b inker, biclor, broker, underwriter or niaiinu insurer, bo entitled to nny such cli-chnrite i r cerffu-ale, who shall become bankrupt, and who shall not havo kept ptopir bjoks of account, after ihe passing of thi-act j nor any person who niter the passing of this art, shall apply tiust funds to bis own use : l'rorided. That no tWhurco of any bankrupt under this act shsll release or discharge any person who may be hab o lor the saino debt ns a partner, joint contractor, en lorser, surely, or otherwise; fir or with t'io bankrupt. And such bankrupt shall at all limes bo subject to examination, nr.allv,rr upon writ tt'ii iiitcrrognluiics, in mid before such court, or any commission appointed by ths court therefor, on oalh upon his solemn affirmation, in all matters rclatinn to such bankruptcy, nnd his acts nnd doings, and his property and rights of properly, which, in the iiidir uient ot such court are neces-nry and proper for ihe purposes of justice i and if in any such examination ho snau uiiiuiiy ann corn.pily answer, or swear or af firm falsely, he shjll bo deenn d cudtv of pcriurv. nnd shall ba piiuishablo therefor in hko manner as the crime of peijury is novv numshab e by the U-.vs of the United Sta es ; and such discharge and certificate, whMiduly granted, shall, in all courts of justice, bo dfcmed a fill and cjiupljlo discharge of all debts con. tracts, and other engagements of such bankrunt, which aru proveable under this acl, and shnll bo nnd miy be pleacKlas a full and complete bar to all suits brought in any court of i 'dicamro whatever, and the same shall be conclusive evidence of itseif in favor of such bankrupt, tm cs the s.vuio shall bo impcarhfd for sohie fraud or wilful concealment by htm of ins prupeny or rigntsoi properly, as aioresaul, contrary to the provisions of this act. on prior reasonable no. tico saecifying in writing such fmud or concealment ; and if, in any caso of bankruptcy, a inajirity, in number nnd value, nf the creditors) vvho shall have proved thsir debts at the limoof hearing of tho peti tion of llie bankrupt for a discharge ns hereinbefore provided, shall at such bearing tile their written dis sent to Iho allow .nee of a 'i-chnrgo and certificate to such bankrupt, or if, upon such hearing, a discharge shall not bedecreed to nim,iho bankrupt may demand a irni ny jury up"n a proper issue lo oe uirecte.l ny Ihs court, at such iiiivan I place an I i'l such nianner as tho co in mav o'der : or ho mav niun-a from thai d-cisiou, at any timo vvillun ten days thereafter, to the circuit court next lo bo hel l lor the same chstr ct, bv simply entering in ihe dislric, court, or with tho cletk iheitsif, up m rcc ird, Ins prajer f ir an appc il. Tho appeal shall bo tiled at the first term of the circuit court afterit o taken, unles, fin s ilfieiout reason, a continuance bo granted ; and it may be beard and determined by said court summarily, or by a jury, at th; opti hi ofa binkrupt ; and the creditors may ap pearando' ject ajaiust a decree of discharge and the allowance of the ccitificatc, as hereinbefore provided. And if upon a fu'l hearing of the parlies, it shall appear to thesatisficiiou of the court, or the jury shall fin i, that the bankrupt hits made a full disclrs ireand sur render ol alt his csiatc, as by this net required, nnd ha iu all things conformed to the dircc inns thereof, the court shall make a decree of discharge1, and grant a certificate, as provided in this act. Sue. S. Aid be it further enacted, That all credi tors coming in nnd proving thu'r debts under such bankruptcy, in tin nianner hereinafter prescribed.lhu saino being bona fide rights, shall bo entitled to shaio in the bankrupt's proporty ami elfocts, prorata, with, out any priority or preference whatsoever, except only for debts duo by such bankrupt to thu United States, and for all deb s due bv hull to tiers ins who. by llie laws of the United States, have a preference, iii consequence of having pai l moneys a- his sureties which shall bo first paid out of the assets s and any person vvho sh ill have performed nnv labor ns nn operative in the service of nny bankrupt shall be en titled to 1'ie mil amount ot the wiges duo io him for such labor, notexcooluigtwenty-fivodollars: Prnrided, Tint such lab-ir shall liave boon performo 1 within six minihs next before the bankruptcy of h'u ctnnlovcr: and all creditors whose debts are nnt due and payabla uniil a future day, allannn tauts, holders of bottomry and respond, nliu bonds, holders nf po licies ot I'n.raucc, hutuo1-, tiuorsers, inn, oroiner p-rains, having un-crtiin or conlingmt ilenanJs against suc'i nan irupi, s m ba per-ius oil to conio m and or JVC such debts or claims under ibis net, nnd shall have a right, when llieir debts nn! elai'ii bo come alis. iljtc, to havo thcsauio allowed them -n-td sjch anniin.ant- an I holders of debts payable m fiitu i may have the pres'iit value llu rmf aseeriained, under ibo direction of such court, nil. I allowed them accord inuly, as debts in present! j nnd no creditor or other person, milling in nun (iiuving um ueui or otuer claim, shall I cal'iiwed lo maintain nnv suit nt law nr incquty iherefor, but shall ha deemed thereby lo nave vvnive.i nn rieui ui ncuou nun huh ngauist sucn bankrupt : an I all proceedings already commen eij, and nil unsatisfied judgments already obtained thereon shall bo deemed to bo surren leied thereby s and in nil cases where mere aro mutual uciits or mutual cre dits betwrsn the parlies, tho balance only shall be deemed ilia true ue:ii or enrn 1 et.vcen tliem, and the residue shall bo deemed adjusted by tho si l-ofTi all such nroof of ilcbta shall bj made bifore tho court dreroeini the binruptey, nr before sjine comrnis. sionr nppoi'ited l y Iho court for that p rposoj hut such court shall have full p ivver to set asido and dis. al'ow any debt, upon proof that such debt is founded in fraud, imposition, illegality, or mistake- s nnd cor porations in who'll any debts aro duo may make proof thereof by their president, cashier, treasurer, or o her officer, who may bo specially appointed for that pur pose! and in appiiuiiug comini'.sinners in receivo proof of debts, nnd p-rl'urin other dunes, under Iho provision-of this net, the said court shall appoint such persons ns have their residence in the county in which the bankrupt lives. Sec. C. And be it f trlher enacted. That the dis trict court in every district shall have jurisdi -lion in all mallets mid proctu lings in bankruptcy arising under this net nnd any other net which may hereaf. Icr be pnssed on iho s i'ije-ct of bankruptcy i tho -aid jurisdiction lobe cxcrc;s, d summarily, in th. nature nf summary proceedings in equity j and for this pur pose the s ml district court shall bo deemed always open. And the district judgo may adjourn nny point or question arising in any case in bankruptcy into ihu circuit conn for the district, in his discretion, to be there beard nnd determine, I , nnd for this purpose the circuit court uf sudi iliilrict shall also bo der ned alvvavs open. And the iuri-d.ctin hereby conferrrd on tho district court shall extend lo all cases nnd con troversies in bankruptcy nii iig belwe-n the bank rupt and nny creditor or creditors who shall clsim any dot or demand nnder the bankror-y to all irsciand rontrnvcrscs between such creditor or creditors nnd the assignee of tho eslate, whether in oll'icenr lemov-i-il io nil caies nnd cnnlrovi rsios betwten siudi as signee nnd tho baukliipl, and to til nets, matters, nnd iningsio nc miner ami in virtue nl llie tiankri ptcy, until thu final distribution and settlement of the estate of the bankrupt and tho close of the proceedings in nniiKriiptcy. Aim llic said coutts snail nave lull mi llion y and jurisdiction t romped obo'icnee to nil or dersnnd deciets iaseed by tliem in bankruptcy, by process ofcoircinp' nnd oilier remedial process, lii mo same exieni inocuciut courts may now do ninny s.ut pending then in in equity. Audit shall 'o the duly of ho district court in each district, from time 'o time, lo prescribe Miitnhlo rules and rcg Inl'rons and form r,f proceedings In all mailers of bankrupt cy which rti'es, tegnlations, nnd forms thill bo sub ject In I c altered, added to, revised, Y annulled, by tho circuit com t of the sama district- and oilier rules, an 1 rccu.aiions. nnd forma substituted then fort nnd in all such rulss, regulations, nnd forms It shall bo th1 duly of tho said couils to make them ns si uplc Slid brief ns practicable, to the end to avoid all nunc-ecisaryexp'.-ises, and lo lacililato Iho use thereof by tn,! public at largo. An J thu said cnur s shall, from tunc to tune, brescrib.i n inrilf or table nf fees nnd charges, to bo taxed by the officers of the court or other per ons for services under Ibis act, or anv other on the subject of bankruptcy which fees shall be as 1 iw as practicable, well inference to the nature and c narncier ol such services. Sec. 7. And bell rmlher enacted. Thnt all net! lions llVnilV bankroll! for thu benefit nf this net. and all petitions by a creditor against any bankrupt under this act, nn.lnll proceedings in the rase to the close tliereor, shall be had in the di-tnct l ourt within nnd for tho dislriet hi which the nrrsnn Biumosed tn lie n bankrupt shall reside, or havo his place of business at the time when such petition is tiled, except where otherwise provided in this act. And upon every such petition, notice then of shall be published in one or mote public newspapers printed in s-ch district, to bo designated by such court, at least twenty days ! foto ihe hearing thereof j and all persons interested may appear at tho time and place vvhero the hearing is thus to be had, nnd show cause, if nny they have, why tho prayer of the said petitioner should ni t be granted: nllcvidcnee bv witnesses to he used in nil hearings befoto such court sha'l be under oath, or solemn niiirmaiinn vviien the patty is concicnliously scrupn'ous of taking nn oalh. and'may bo oral orbv deposition, taken bifore such court, or bef, re nnv eomniis-ioner appointed by such court, or before any disinterested stale judge of the state in which the de position is taken1, and nil proof of debts or other claims, by ere iters entitled to nrnve the niim lie this act, shall he under oath or solemn affirmation ns aforesaid, before such court or commissioner nnnntnt. ed the-rcbv, or before some disinterested slate judge of ma aiuiu , ueiu uiu erciuiors live, in s icn lorui as may bo pres ribed bv the rules nnd reeulatiniiH herein. bsforo authorized In be made and established bv the courts having iurid.ction in bankruptcy. Hut all neb proofs of debts and other claims shall be open to contestation in the proper court having jurisdiction u.i., ,111; I'li'itt-iiiii:..! id nil- iai licur I a lce ill inilKrupi cvt and as well Iheass'cneo as the creditor shall Irnvi a right to a trial by jury, upon an issue to ho d reetcd bv such court, to ascertain the validity nnd nmount of such debts or oilier claims: nnd tho result therein. unless a new trial shall bo granted, if in favnr of tho claims, shall be evidence of tho validity and amount of such debls or other claims. And if any person or persons shall falsely and corruptly nnswer, swear, tr ailirm, in nny hearing or on trial of any malter, or iu any proceeding in such court in bankruptcy, or before any commissioner, be or they shall he deemed guilty of peijury, and punishable therefor in the man ner nnd to the extent provided by law for other cases. Sec. P. And bt it. further cnactt'J, flint the circuit court w ithin and for the district whore tho decree of hanki uptcyispasscri, shall have concurrent jurisdiction with tho district co irt of llic samo district of all suits at law and in cquilv which may md shall bo brought by any assignee of tho bankrupt against any person or persons claiming an adverse interest, or by such person against such assignee, touching nnv property or rights of property of mid bankrupt transferable to, or vested in. such assignee : and no suit at law nr in equity shall, in nay case, le maintainable by or iigaui-.i sui-u nsngno-', or oy or against nny person claiming an adverso interest. ti uchiiiL' the nronertv and rights of property aforesaid, in nny court what soever, unless the sumo shall be brought within two years afler the declaration and decree of bankruptcy, or niu r inc ni mil snail nrst nave nccrued. Sec. 9. And be it further enacted Tint all sales, transfers, and other conveyances of the assignee, of mo i nnierupi property and rights of property, shall bo made nt snrh times and in such manner as sha'l be ordered an-l appointed by tho court in binkrupcy S and nil assets received by the assignee in money shall within sixty days afienvauls, be paid into the court, subject to its order respecting its futuro safe-keeping nnd deposition ; nnd tho court may require of such assignee a bond, with nt least two sureties, in such sum as il mav deem proper, conditioned for the due nu launiiii uiscnargo ot nu ins dimes, anu ms com plianee with the orders nnd directions of the court which bond shall bs taken in tho name of tho United Stales, and shall if there bo nnv breach thereof, be sued nnd suable, under the order of such court, for ine neticiu ot mo creditors and oilier persons in in tcrct. Sec. 10. Andbeitfurtherenaetel. That in order to ensure a speedy sotl'euient nnd close nf ihe pro ceedings in each case in bankruptcy, it shall he ihe duty of the co irt to order and direct n collection of the assets, and a reduction of tho same to money, nnl a distribution thereof, at as early periods, as prac ticable consistently with a due regard to the interests of the creditors: and a dividend and distribution t f such assets ns s'nll be collected nnd reduced tn mo ney, nr so much thereof ns can bo safely so disposed nf, consistently with the rights and interests nf third persons having adverse claims thereto, shall be made among the creditors who have proved their rbbls, as often unnen in six months from tho time of the dp crcode laring tho liankrunlcv: notice of sueh divi dends and distribution to be given in some newspaper in llie district, de-iguated by the court, ten davs at least h'-fore the order Iherefor is passed j nnd ihe pendency nf.any suit at law nr in equity, by or ngainst sueh third per-ons, shall not postpone such division nnd distribution, except so far as ihe ns-ets anvhe n .'cessiry to satisfy tin-same ; au l nil the proceedings in bankruptcy iu each case shall, if praclicah'e, be finally ndju'ti-d, settled, and brought to a close, by the court, within two v..arsafirr Ihe decree dcelirinsr iho binkriinlcv. And where anv creditor shall rot have p-oved his debt until a dividend or distribution ah ill have been made and declared, he shall be en titled to bo pa'd tliesamenmount, pro rata, out of the remaining dividens or distributions thereafter made, as tho other creditors have already received, before the latter shall be rnti'lcd lo any portion thereof. Sec. 11. And be it further enacted, That th assignee shall have full autbo'ity, by and under lhr order and direction of the propel court in bankruptcy to redeem and dischaige any mortgage or other pled ge, or de,ioitc, or lieu iipm any "properly, real o personal, whether payable in presenli or nt n future day, nnd io tender a due performance of the condi tions thereof. And such assignee shnll nls ) havo au thority, by and under the order and direction of the proper court in bankruptcy, to compound nny debts, or other clni n or securities, due or belonging to the estate of tho bankrupts but no such order or direc tioo shall bo made until no'iconfiho application is given iu some public newspaper in the district, to bo designated bv the court, t n davs at least before the hearing, si that nil creditors rind other persons in interest may appear nnd show cause, if any they have, nt tho heating, why the order or direction should not be passed. Sec. H. And be it further enacted, That if any person vvho shell have been discharged under this net shall afterward become bankrupt, ho shall not again bo entitled 10 a dlS.-hnri-e under ttita act. unle4 hia estate shall produce (after all chirgeaj sufficient to pay every creditor seventy-five per cent, on the amount of the debt which shall havo been allowed to each creditor. Sec. l.i. And be il further enicted, Thatthepro ceeiluiRs in all eases in bankrupcy shall be deemed matters of record-, but the Bame shall not he requind to be recorded nt huge, but shall be carefully filed, kept, nu .(numbered in tho office of llie co in, mil a only, or short memorandum thereof, Willi the numbers, ktpt m a hook by the clerk of the c mrt s and the clerk of dio court, for nllixmg h'.s na nnd iho seal of tho court to any form, or ratifying n copy thereof, when required thereto, tdiall be entitled to receive, as compensation, the mm of twenty-five cents, and no morn. And nu officer of the conn, or c'liniuiv-iunir, shall be allowed by the court more that one dollar for taking the proof of any debi or other claim of any creditor or other person ngainst theesiatoof iho bankrupt! but ho maybe allowed, in addition, his actual travel expenses for that pur pose. Sec. M. And be it further enacted, That where two or more persons, who nre partners iu trade, be come insolvent, an order maybe made in the manner provided in this act, ruber on the1 petition of such partners, or nny one of them, or on thu petition of any creditor of the partners! upon which order all ihe joint slock ami properly of the company, and ajo a I thc separ.uo (stale of carh of iho paimers, shall be taken, excepting s.ich natts thereof as nre herein excepiod j and all iho creditors of ihocompany, and the separate' creditors of ench partner, shall be allowed lo prove their respective debts; nnl Ihe as S'gnecs shall also kop separata account, of the joint slock or property of ihe company, and of llie sepainic e-tata of each member ihcnsifj and after deducting out of ihe whole amount received by such assignees, Iho vvhnlo i f tho expenses and I'lfburseiu-nts paid by them, the nclt proceeds of tho joint stock shall bu ap piopnaKel lo pay tho eredilors of the company, and llie nclt prom-ds uf ibeaennrsteralatenreneb linrlner shall bo appropriated io piy his scparnlo creditors i and if ihcre-shall boanybalanccof the eparntocstiic of nnv partner, after the payment oflus separate debts, such ba'nnee shall be added Id the joint stoi k, for the piymenl ol iho joint creditors s and if there shall be any balance of the joint slock, after payment of the joint debts, such balance shnll bo divideil and appro priated lo and among tho separata estates of the se veral partners, according to llieir respeciivo rights and interest thcrrin, nnd as it would have been if ihe partnership had been dis'olved without any bank ruptcy and the sum to appropriated to the separate estate of each partner sha'l be applied to the payment 'r ms separate debts and tho certificate ofdiseharge shall bo granted or refused lo each partner, as ihe Mme would or outfit to be if the proceedings had taen jornsthma sloris nrtoV thta ct and hi til other respects the proceedings ngainst partners shall bo conducted In the like maiintr ns if they l.nd been commenced nnl prose-ruled nctm pj one1 pi-'inu alone. Sec. 15. Awl be it .further entitled, Thnt n copy of any decico of bankruptcy, and tho appointment of assignees, as uirecicu oy inc iinrii sect on oi tuisnci, snail be rrcitnl in every Uecu oi lands bcronging to the bankrupt, sold and coiivi-yod by any assignees under and by virtue of this net t nnd that sicb reci tal, together with n certified copy of such order, shall be full and complete evidence both of the bankruptcy nnu assignment lli-rfin rinttc, nnd supersede tno necessity of nny ciiur proof of such bankruptcy and assignment to validate the Said deed and nil deeds enni.iiniiigsueh recital, nnd tuppcrtcd by such proof, 'hall be as effectual to pass the title of the bankrupt of, in, and to the lands therein mentioned and des cribed tn Ihe purchaser, as fully, in all inleiils nnd ptirno'cs, f.s if made by such bankrupt himself im mediately ueiorc sucn order. ,SVc. 1G. Ami be it further mailed. That nil inris. diciin, pow.-r, nnd authority conferred upon and vesiolin the district comt or the United Slates by this act, iu cases in bankruptcy, bio here' y conferred upon and vested in tho circuit courl of the United States for the District of Oolu ii1 ia, and in nnd upon the supreme nr superior courts of any of tile Tcrnto ni s of tho United Stnlos. in cases of banltruntev. where tho bankrupt resides in iho said District ot lyoiunibia or in either or tho said Tcrntoties. S c. 17. And be it further enacted, That this act shall take effect from and after tho first dnv of Fe bruary next. JOHN WHITE, Speaker nf the House nf litprcicnlatites. SAM'L .. SOUTHARD, President of the Senate pro tempore. Approved, August 19, ) 84 1 . FHI DAY MORNINGSEPTEMIIER, 17, 18-11. Wo give below tho election returns as far is received. It will lie seen that they are not yet complete, but sufficiently so to ren der it quite certain that there is no election of Governor by llm people. Tlio Senate will probably stand 20 wliigs to 10 Locos, and there mil bo about 50 whig majority in the House. CHITTENDEN COUNTY MM - ' E 5 5 o o. 346 2S0 7 121 37 95 141 4 130 170 5 133 79 23 117 09 140 121 20 191 127 4 60 123 2 97 63 1 21 3 67 1G1 3 150 105 14 110 125 39 12 71 4 1315 1C8S 131 NTY. 126 267 2 129 160 24 23 236 II 43 Bl 12 5 72 9 113 133 10 123 101 7 12 153 2 261 41. 43 46 81 11 1B9 206 7 39 102 18 45 SI 11 83 75 31 107 207 BO 33 69 27 1333 2133 273 ;ty. 303 338 21 115 137 39 1 19 31 25 1G3 131 29 40 97 121 39 4 .87 1S5 23 21 74 61 33 Burlington, Charlotte, Colchester, Essex. llinesburgh, Huntington, Jericho, Milton, Richmond, Shelburn, St. George, Underbill, Wcslford, Witlistnn, Uolton, W. A. Grisvvold, w A. I,. Beach, w John S. Webster, I, E. Stanton, I, II. 11. Smith, w A. Ferguson, w Z. llbss, w S. Iloardman, w Ransom Junes, L R. White, w S. Islinm, vv Naramorc, 1. Jackson, w Alson Landon, a Ilarre, llcrlin, Calais, Duxbury, Favston, Mansfield, Middlesex, Monroe, Monlpelier, .lore-town, NorthrielJ, Plain field, Itu.xbury, Waitstield, Warren, Watcrl tiry, Worcester, L. k'ciih.I, I. T. Davis, vv A.Kent, f, C. Turner, L J. lloyce, L II. Hollistcr, L I. . Warren, w J. MM. oud, I.. II. N. Ilaylies, I, S. Kingsley, L M. Robinson, I. James Palmer, I. Charles Sampson, I. H. Jones, w F. A. Wright, w E. Allen, I. F. Leonard, w Arlington, Bennington, Dorset, Glastonbury, f.angrove, Manchester, Pownal, Per-, Reailsboro, Rupert, Sandgate, SearsTuirgh, Shaftshury, Stamford, Sunderland, Windholl. Woodford. II, Can field, w A Duty, w W. J. Martinalc, L A. G. Hewes w C. P. Mead, w L. Snrgeatit, vr E. II. Ilioanil, w Davidson, w Joel Houghton, L S. Sheldon, w K.Tuttlc, w Stone, w I. Martin, Jr. L Ira Stroud, L E. A. Grnves, L F. Kidder, w W. Alvcrson, L. 102J 1079 116 LAMOILLE COUNTY. Pidvidero. It. Tdloisnn. I, 5 23 179 1 21 110 1-10 44 161 11 194 Ciiiibiidgiv, Eden, Elmore, Ilvde-parn, Johnson, Mansfield, Morrislovvn, Sterling, Stowe, Watcrville, Wolcott, J. Baker, I. K. Hinds, w S. Town, L A. iloardman, L A. Andiews, L G. Small, w no election N. Robinson,L I). C. Hubbard, w P. Crane, 137 29 11 65 Ct 3 ft 16 87 79 67 . 613 1057 CALEDONIA COUNTY. G. Davis. I. 72 Hard wick, Barnct, Burke, Cabot, Danville, Gro on, Kirby, Lyndon, Newark , Peichain, Rycgale1, 179 117 Ct 160 SOS 100 6( 202 34 107 96 69 133 13'i 103 64 113 J. Gilbert, w L. Dennison, w A. Wcb-tcr, I. E. Ea'lman, L J. Wel h, w J. W. Caipaater, i 1C6 131 103 1F6 65 57 126 40 136 93 63 211 45 CI 110 29 s. n uuny, i. J. Sle'eper, w S. A. Chandlor, J. Hall, 2d, L hemeld, J.P.Ingalls, L l. Johnalniry, L. Hastings, w Sutton, T. Curtis. L Walden, Wntcrfonl, Wbeclock, II. Perkins, L R.T.Rusoell, w E.M. -Magoon, L 1761 2038 63 FRANKLIN COUNTY. C. C. Stone, L J. Barney, w 171 1$) C.I. Slelpuin, L 170 ltvl Bakersfleld. Svvanton St. Albans Sheldon Montgomery, ilighgate Georgia Franklin Fletcher, Fairfield Knitfnx'burgh Ilerkahirs A. Draper, w jj iu A. Wheeler, w 63 20 W. r-keeles, w 157 161 Ira Hinkley, w 137 41 J. II. Hubbard, wl09 SI Kinsley, w 63 75 W. Thorp, L J. Farnsworth.w 176 113 II. N. Barber, w 137 46 N. Hamilton, w S2 102 14 143J 1039 GRAND-ISLE COUNTY. Alburgh N Kinsley, w 121 49 North Hero, J. Hmen, L 33 43 South Heio II. Adams, w 150 161 62 2 ESSEX COUNTY. S. Burbank, L W. Marshall, L S. Stevens, L A Morri 1, L N.J. Graves, w 118 M A. Rice, w J. Dewey, w C. Ames, w 130 106 1 S. Merrill, w Ilmman, w Bloomfield, Brunswick, Brighton, Canaan, Concord, Granby, Guildhall. Ltmenburgh, Maidstcns, Victory, 213 152 1 ADDISON COUNTY. Addison Brilport Bristol Cornwall Fcrrishurgh Lincoln Middlcbury Monk ion New Haven Pnnton Salisbury Slmrehatn tatksboro' Verge lines Waltham Weybiidja If. Barnes, w A. O. SkitT, w W. H. Ilolley, E. .Matthews, w W Ferris, w Cot wel I, w S. Swill, w Eastman, w A. P. Roscoe, w S. Pond, w F. Hump, L E. Basceim, w Knight, w John Pierpoint, L C. line-on, L K Hiakc, w 117 V 30 223 185 23 142 C3 17 53 19 8 156 46 2 96 52 19 13 20 7 73 61 6 C91 345 85 ' 143 167 21 PI 122 72 150 21B 57 70 1 246 151 16 181 217 143 97 131 22 191 217 12 74 229 10 193 144 8 123 143 6 C3 89 10 142 249 39 10 1 112 139 123 109 131 38 2J07 j VS s- tA ORANGE COUNTY A. Tsylor, I. Jabez Smith, v no election. 1). Dearborn,!, Z. Notris, L Bradford, lltninllre, Itrnokfield, Corinth, Fairlee, Newbury, Randolph, Slrafiiiid, Tlii'lford, Topshani, Tuubridge, Vershur, W. Fniiloe, I helsoa, Orange, Washington, Williams town. A.H.W.Tinncy, w 246 Wm lli-bnru, w D. Cobb, L 11. IL.Niles, L U. Grow, I, E. Fos e r, w S. T, Wiggins, L Gen. May, L L. II. Vilas, I. Horace 1'ificld, I, John kmry, w ORLEANS COUNTY. H. Pierce, L S. s. Hovcy, S, Cole, L D. Dusiiu, w J. O. Chandler, w no e-leclinn, W. ( nrlton, 1. W.S. Flint,!, Hemenway, w Win Moore, w J. Lyon, w J, Biifiiliim, w N. H. Downs, w E. Blndgct. I. E. White, w E. Cleveland, w W. H. Martin, L A. W. Scott. L Harton Albany, f.hatlesion, Crnfishury, Derby, Unhand, Jay, Lowell, Morgan, Newport, Salem, Troy, Vc4tficld, Westtnore, Mrovvnington ' 67 no y 42 B3 31 79 83 23 121 76 IV 4 41 2 23 18 39 33 3 CO 22 18 D3 in C 71 87 7 w 029 GS3 109 1I0 123 72 163 1)9 03 II 83 1)3 R3 210 110 54 39 43 33 3 43 G5 1 s . 126, 32 20 17G 149 8 31 21 43 151 121 20 181 14 36 213 82 67 , 82 136 1 41 62 unventry fJlovcr Orecnsboro' Irasburgh C. W, Prentiss, w RUTLAND COUNTY S. Sprague, w E. Smith, w Bryant, w II. King, w V, Sanford, w C. Leonard, Jr. w Ira Edmond-, vv J. Sheldon, Jr. w J. Flagg, w R. Fisk. S. Caldwell, r. K. Paul, w no election. 11.. Hot torn, w " H.Wil -ox, w D.Hovve, w II. Simmons, w Noycs, W Slasan. w Brandon, Clarendon, Ml. Ilolley, Benson, Cnstleton, Chilicndcn, Danby, Fairhavcn, Hubbardton, lrn, Mcndoii, Middlcton, ; Ml. Tnbofi , Orwell,- f Pawlct, t Piltsfieid, Pittsford, Poultney, Rutland, Shrewsbnry, Sherburn, Sudbury, Tinmouth, Wallingford, Wells, W. Haven, 11. F. Needfiam, L 62 Auamsg i. A. Moors. I, II. Shaw, w J. Fox, w D. B. Lewis, w 93 62 1 Colman, w 1983 1253 3G9 23 14 WINDHAM COUNTY A .I,.-. Ball'L 30 IL Whitney, L 47 01 Brookhne, Bratdeboro' Dummcrston, Guilford, Halifax, Jnmaica, Marlboro' New fane, Putney, Rockingham, C. Martin, w 2G5 onmuel t-renc h, w J. Brown, vv 129 GO R. K Henry, w W, Harris, w IV, S. Ncwlnn, w N. E 'gar, w II. II. Barton, w 43 maj. 100 CO 153 121 139 67 231 193 923 29 191 117 122 23 223 154 93 25 191 69 136 77 E7 61 133 100 45 31 113 117 125 42 WINDSOR COUNTY. S. Howard, w 53 W. Davis, .v 20 It. Aiken, L 170 noelmice 125 A Lamb, w 1C0 7.. F.Hyde, w 49 H. H. Henry, L 1E0 II. Cutis, w 212 J. Porter, w 203 S. Fullam, w 21 L. Davis, I, 126 L. Slack, w 82 O. Paul, w 137 U. Buck, vv 122 Cooper, w 83 T. II. Saffird, w 96 L. Tvler, t. 82 M. Whipple, vv 252 i S. Prentiss, w 123 w 136 C. Coolidge, w 291 Andover, Baltimore, Barnard, Bethel, Bridgewater, Cavendish, Chester, Hanland, Hartford, Ludlow, Norwich, Plymouth, Poinfret, Reading, Rochester, Royallon, Sharon, SpainL'field. 1 6 37 122 29 2 15 111 27 13 19 17 43 71 33 37 71 Weathcrsficld, nvsion, Windier, Woodstock, 12 O. P. Chandler, w4j0 21 3173 2133 735 Correspondence of the Free Press. New York, Sept. 12, IS 11. With this you will receive the second Veto Message. Is not this a most remark able slate of affairs ? The will of the Peo ple lias been deliberately, repeatedly thwar ted and rendered utterly powerless by the act of the man they selected to aid in car- rying it into cltect. 11 this bo not a most flagrant abuse of thu Veto power then it would be difficult to conceive a case in which it might not bo made the plea for tho most absolute and unrelenting tyranny. How was President Tyler guided in this by the example of the "republican Father's" whom he invoked on coming into office ? Was not James Madison one of this illustrious band and lioiv did lio act in a precisely similar emergency t Although strongly opposed to the charter ofa National Bank, as decided ly as John Tyler can be, and although quite as "conscientious" and in every way as scrupulous in doing what ho deemed his du ty as the present Executive, yet he yielded his personal judgment to the decision of the Supreme Court, the ouly authorised inter preter of the Constitution, and surrendered his pi ivato wishes to the welfare of his coun try. But it is quite useless now to specu late upon the cause and motives of President Tyler ; through malign influences nnd in an evil hour lie lias acted in opposition to the will of the People who elevated luni to pow er. He cannot expect hereafter llieir entire confidrnco or cordial support. Tho couise which will be purjuod by the Cabinet and Whigs in congress with refer ence to this last veto, is a matter of consid erable anxiety. A week ago close and well informed observers at llie metropolis declar ed that tho Cabinet would resign nnd the par ty would present a fnll front in open and strong opposition to the President. Now, however the feeling is to say the least more moderate ; for the highly conciliating tono ef the message and tho clear conviction thai upon every point except that of a National Bank the President is every incli a Whiff, havo taught tliem that forbearance may after all be tho more honorable course. The Wliigs have everything to lose and nothing to gain by division in their ranks ; and there is thu best reason to believe that this disagree ment bet-.vfieu the President and his friends has been in a great mcasitro promoted by the recent plots of the Loco Focos who have spared no occasion to urge on the troubles lo an open breach. I would comment! to your notice), upon this puint.a series of grave and able articles which havo appeared in the Na tional Intelligeucer respecting the letter-writers from Washington. There is a rumor in town to day that Attorney General Crit tenden, has already resigned his scat in the Cabinet, and that his associates had ii in con templation to follow suit. If this bo tho case there can bu little hope of preserving the in tegrity of ihe party. We shall undoubtedly be better informed before 1 close this letter. The affray in the House between Wise, and Stanley,which yen will have seen in the Washington papers, is certainly ono of iho most outrageous acts which have disgraced our Congress for many years. It will, how ever, undoubtedly bo overlooked and forgot ten. There is a deep and settipil anxiety both hero and in Wellington, concerning our Fo reign Relations. There has been recieved information hero direct from Sir John Har vey, who came out iu thu Briltanuia, stating that two days before he left London, lit lodrned from tho Colonial office that de spatches had been prepared to Mr. Fox in structing him to demand the release of Me I,od and in rasa tins not craqUd to ask, Ins passports immediately. Tl.lsdcrivcs con. urination, fioin a report which reaches uf from Washington, to the effect that Mr. pox had called upon thu President, and informed him thnt ho should soon lay before him des patches ofthat character. Rumors fromtho North, too, of quite ns exciting a nature pour in abundantly, but it would be of littlo ser vice to repeat them. There is no doubt that at his trial which occurs upon the 27th of the present month, testimony strong at perjury of the blackest die, and of the most reckless character can make it, will be brought forward to convict him. What will bo the result cannot ho foreseen : a few weeks, however, will and very likely a few days may make tho whole matter clear. Tho speech of John Quincy Adams, in the House upon this supject of tho McLeod dif ficulty goes directly against tho whole action of our government upon the question: hit opinions whatever may bo tlio result to which they load arc entitled to the higheit and most respectful consideration. Treachery has at last done its work : tho machinations of the most selfish and unprin cipled clique that over had influence with an Executive have triumphed over tho patriot ism and honesty of the law. The Intelligen cer of yesterday states that before its next ii stic the CiniNET will have been dissolved, and the best hopes of Iho Nation will hava been blighted. If there bo a heart in tho country that rejoices at this, it must be of one stupidly blind to the good of tho nation or wilfully traitorous to its best interests. The great mind of Webster, in whom the whole people felt tho strongest confidence, and to whom they looked for the preserva tion of our national honor, is to be withdrawn from the President's councils and his place occupied but never filled, by sotno Virgin ian skilled in the art of splitting hairs, and whoso education has taught him no distinc tion between obstinacy and conscience, I cannot perceive any ground on which Pret ident Tyler can longer expect the support of the Whig party. He has deliberately cut loose from their leading men, has disappoin ted their best hopes, proved perfidious in all his dealings with them, listened to the coun sels of the open enemies and taken for hit guide the advice of a small knot of traitort who desire nothing so ardently as tho com plete destruction of the party which has giv en them all the importance they possessed. He has scouted the great measure of financial reform they have proposed, in direct viola tion of pledges not only implied but solemnly avowed and proved himself not ouly traitor ous to their wishes but ignorant of his own. A more imbecile, wretched, unffficaciotit at well as perfidious policy than the one he hat atloptcd can scarcely be conceived. There can of course be no farther hope, and I ar dently trust no farther disposition, on the part of any Whig to follow in hit wake, or share any portion of the responsi bility of his acts. In the House of Representatives the Mes sage was received by a powerful and mott bitter attack upon the President by Mr. Botts. He adduces proof the most direct that .Mr. Tyler has acted in direct opposition to his ex-pressed promises and that his course from first to last has been crooked treacher ous and base. He is one in whom no man of any party can put the slightest confidence. Wo have no accouni of the debate, in the Senate. What precise course will now be adopted by the Wliigs in Congress can scarcely bo conjectured. Thcro is good reason to" be lieve that upon the adjournment tbey will publish a strong Address to tho people of the United States, setting forth the condition of affairs and suggesting n cause of iiction. Yours &c. Vermont. DISSOLUTION OF THE CABINET. The tidings brought by last night's mail front Washington, confirm our worst fears as to the consequences of the Second Veto. The Cabinet of Gen. Harrison the ablest cabinet assembled at the Capitol since the days of Washington is dissolved. The Se cretaries of War, Navy and" the Treasury, the Post-Master General and tho Attornev General, have re-ignod, and Air. Webster only postpones his resignation to complete some ponding negotiation growing out of the McLeod question. To fill the vacant placet in the Cabinet the following gentlemen have been nominated to the Senate: Judge Upshur, of Virginia, Sec'ry of the Nary. John McLean, of Ohio, Sec'ry of War. Walter Forward, of Pcnn., Sec'ry of Treasury. Hugh S. Lcgaro.of S. C, Attorney Gen eral. For Postmaster General Chas. A. Wick liffo of Kentucky, will probably bo selected. Rumor has not yet named Mr. Webster! successor. Of the complexion of the new Cabinet, farther than to say that the mem bers arc all taken from thu ranks of the ad ministration, wo mean not now to speak. Our present purpose i to express our deep regret a regret in which every Whig of tho Empire Statu will participate at the circumstances which have driven from office tho men whom the Ununited Il.inmso.v se lected as his constitutional advisers, Tho arbitrary exercise of the Veto power, by President Tyler, bad enough "per st,' becomes well nigh intolerable, when we reckon among its consequences tho dissolu tion of General Han isoti's Cabinet. MIL WISE. By reference to the congressional pro ceedings in another column, it will bo toon that ibis notorious individual has disgraced I.! tCn...l itwnltml llm II........ , 1.' , , IIIIII3UII uuu .1. ..iu iiiiidu J WHICH IIO !i..Ioiiits. bv a press assault imnn Mf ,!.... ... .....g,-, j c .... . FJtUHICjr of North Carolina, in his seat,. Such con duct on tho part of one of tho people's rep resentatives, deserves tho condemnation of every good citijen, aud ought to receive the punishment due to its enormity by animma. diale expuli'oo.. .a a

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