USA > Vermont > Early history of Vermont, Vol. III > Part 11
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The General Assembly at its October session of 1S14, passed an act appropriating a certain sum of money out of the County Treasury of Addison
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County for the relief of Laban Cousins, which the Governor and Council, wisely did not concur in passing and stated in their reasons for non-concur- rence, "that they doubted the existence of a power in the Legislature to pass a law directing money to be paid out of any treasury in this State by way of gift of any individual, except it be out of the State Treasury. *
* * Corporations, as well as individual citizens, have their rights, which cannot be infringed by the Legislature. * It is true that the Legislature may by its act em- power a corporation to make a donation, but the Legislature cannot direct a corporation to make a donation any more than it can a private citizen." This bill was dismissed on its being returned to the House, but another was passed empowering the judges of the court, if they deemed it expedi- ent, to allow not exceeding eighty dollars, for Cousins' relief and draw orders for the same on the County Treasurer.
In 1813 and 1814, there was an effort made to give the State Supreme Court Judges the right to hold their office during good behavior, though re- movable by a concurrent vote of two-thirds of cach, of the Legislature. The Council of Censors (composed of Federalists) made such a proposal of amendment to the Constitution. This and all other proposed amendments, the convention of 1814, rejected by a vast majority. One article in the proposed amendment was one providing for a Senate in place of the Council, but it was rejected by a vote yeas 20, nays 188. Governor Galusha in his speech of 1815, referring to the proposed 11
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amendment to give the judges the right to hold their office during good behavior, said, "When the citizens of this State saw an attempt at such an alteration in their Constitution, as would remove the election and accountability of many of their officers, at a greater, and truly dangerous distance from them-without distinction of party, they ral- lied around the standard of their liberty, and in the exercise of their sovereignty, secured the happy form and principles of a government, whose pecu- liar blessings they had long enjoyed."
The year of 1815, opened with the brightest prospects of peace. The war that had been waged between Great Britain for three years had been brought to a close; the time, money and men' that had been devoted to a defensive war, now could be turned to the cultivation of the soil, the improvement of manufactures and other manifold industries, so as to supply the people with food, raiment and all the blessings of peace.
Governor Galusha in his speech to the Legisla- ture in October 1815, said, "We are assembled at a highly interesting period; a period succeeding the most surprising events that ever burst upon the view of an astonished world. ** * The important contest in which we were deeply engaged with one of the most potent nations of the earth, has been happily terminated; and instead of the horrors of war we are surrounded with all the rich blessings of peace."
But in the year of 1816, the people met with a new experience. The spring and summer of this year was uncommonly cold. Snow fell in almost
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every part of the State, and in many places to the depth of a foot and a half; a heavy fall of snow came as late as the Sth of June; the weather was cold and all crops were small and sickly, and great apprehension was felt that they would not mature; but little rain fell to moisten the earth ; the earth was both dry and cold, and provisions were scarce. A general famine was apprehended from the uncommon failure of crops. Governor Galusha in his speech to the Legislature at the October session of the year 1816, said, "The un- common failure of some of the most important articles of produce on which the sustenance of man and beast depend is so alarming that I take the liberty to recommend to you, and through you to the people of this State, the most rigid economy in the early expenditure of those articles of provis- ion most deficient, that by peculiar precaution we may avoid, as far as possible, the foreboding evil of this unparalled season."
In the year 1815, the Legislature passed a most extraordinary and unwise act, granting to a com- pany the exclusive right of navigating Lake Cham- plain by steam for twenty-three years. This act met with a determined opposition in the House, but was passed by a vote of 91 to 70. It was found to be afterwards unconstitutional and void.
From the year 1797 to the year 1816 it had been the practice of the Houseto return an answer to the Governor's speech, and at this session Rich- ard Skinner of Manchester and Heman Allen of Colchester (both anti-Federalists,) and George Robinson of Burlington (Federalist) were appoint-
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ed a committee to draft an answer to the Govern- or's speech; the anti-Federalists made a report expressing sentiments favorable to the speech, which was adopted by a vote 109 to 86; on these occasions, usually, a majority and a minority re- port would be made, when the reports would be discussed bringing out strong party feelings. With the session of 1816, terminated the practice of re- turning an answer to the Governor's speech, as the discussions consumed much time and gave rise to the most violent party contention.
In 1817, the internal affairs of the State as- sumed a more harmonious and prosperous condi- tion; a bountiful harvest supplied the wants of the people; returning peace had brought tran- quility to its borders, and business became gener- ally more fixed and certain. Private acts were passed remunerating certain individuals for losses sustained in attempting to carry into effect the Vermont non-intercourse act, and Col. Fifield was granted $1,112 for his loss. Later, other claims were presented of the same nature, but the non- intercourse act having been declared unconstitu- tional by the Supreme Court of the State and all proceedings under it void, the Legislature refused to remunerate the claimants. These losses having been incurred in enforcing the Legislatvie acts, and declared illegal by the judiciary, in justice ought to have been paid by the power that occasioned them.
It was during the year 1817, that an arrange- ment was concluded with the British Government and the United States for the reduction of the na- val force of both countries on the lakes, by provid-
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ing that neither government should keep in ser- vice on lakes Ontario or Champlain more than one armed vessel, and that to have only one gun.
In the year 1818, a medical academy was insti- tuted at Castleton by an act of the Legislature for the purpose of instructing in the science of physic, surgery, chemistry, and all the various branches connected with the healing art. That institution has been connected with Middlebury College.
In 1821, the Vermont Legislature took strong ground against Congress appropriating the publie land in unjust proportion to the States for educa- tional purposes. Governor Skinner had received propositions from both New Hampshire and Maryland to be acted upon by the Vermont Legis- lature, declaring that the public lands of the United States are the common property of the Union, and ought to be applied to the common use and benefit of the States in just proportions, and not to the use and benefit of any particular State or States, to the exclusion of others; and that any such partial appropriation of them, for State purposes, is a violation of our national compact, as well as of the principles of just and sound policy. And that, as large appropriations of the public lands have been made by the United States, to certain particular States for the purposes of education, the rights of other States, will be violated unless a like appropriation be made to them, of the public lands, for the same purpose, in just proportion. These views were embodied in resolutions and adopted by the Legislature. Governor Skinner in
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laying before the Legislature the resolutions from New Hampshire and Maryland accompanied by reports of committees of their respective Legisla- tures, said, that "no State, in proportion to their ability contributed more to the acquisition of those rights, which were purchased by the toils, distresses and sacrifices of the revolutionary war, than Vermont. Situated upon the frontier, they constituted a barrier between the enemy and the Confederate States. Not having been acknowl- edged as a member of the eonfederation, no part of the expense they incurred in the war, has been assumed by the general government, while they have participated in the burden of the funded debt."
In 1821, the Legislature became awakened to the evils of treating in ardent spirits among the militia. On Nov. 9, 1821, the House sent up for the concurrence of the Council the following: "Resolved, That the custom which prevails with the commissioned officers of the militia of this State of giving, by way of treat, ardent spirits to those under their command, is attended with pernicious consequences to the militia, and merits the disapprobation of this General Assem- bly. The practice becomes burthensonie to officers, corrupts the morals of the soldiers, tends to intro- duce disorder, confusion and disobedience and ought to be discountenanced by all classes of the community." In a second resolution the officers were requested to use their exertions, in orders or otherwise to carry into effect the resolutions. The resolutions were concurred in.
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Previous to 1824, the three judges of each County Court had consisted mainly of farmers, mechanics, merchants, and clergymen, but rarely of a lawyer or a man learned in the law. Courts so composed, undoubtedly endeavored to do jus- tice between litigants, but it is obvious that they were liable to frequent error through a lack of knowledge of the law. Through an act drawn by Hon. Samuel Prentiss of Montpelier in 1824, this serious defect was remedied, as it was provided by that act that every chief justice of a County Court should be some one of the judges of the Supreme Court, presumably a jurist of high repute-while the two assistant judges were left to be appointed as before. This change added dignity to the County Courts, and inspired litigants with confi- dence in having their legal rights secured. That system still continues.
On Oct. 14, 1825, the speaker of the House was authorized to assign a seat upon the floor of the House to some person to report the debate and proceedings. The reports were printed in the Ver- mont Watchman, then the only newspaper printed in Montpelier. This was the origin of official leg- islative reports. For a time slips of legislative reports were printed daily for the use of both Houses by order of the Legislature, and this speedily grew into a small daily newspaper during the session, with which members were supplied at the expense of the State, which served as an aid in the discharge of their official duties. Edward V. Sparhawk was selected as the first official reporter.
At the legislative session of 1825, the House
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had passed a bill which the Council suspended until the session of 1826. At the last named ses- sion the House repassed the same bill and declared it to be a law without the concurrence of the Gov- ernor and Council. Thereupon the Council on Nov. 1, 1826, resented the action of the House by pass- ing the following resolutions: viz. Resolved; in the opinion of the Council, that no bill originally introduced into the House of Representatives, can become a law without the concurrence of the Gov- ernor and Council. Resolved, That any attempt of the House of Representatives to pass laws without the concurrence of the Governor and Council is an infringement upon the constitutional powers and prerogatives of the Governor and Council. Resolved, That the late act of the House of Representatives to declare a bill entitled, "An act repealing part of an act therein mentioned, to have become a law without the concurrence of the Governor and Council, is an assumption of power unprecedented and unwarranted by the Constitution." E. P. Walton, on this action, says in the Governor and Council, the custom had been to send such bills to the Council for concurrence, which had been granted as a matter of course-so the Council was right in its resolution on this question. But were the Council not to concur in · a suspended bill, nevertheless, on its re-enactment by the House, it would become a law. So on that point, the House was right. The House had simply neglected a courtesy which had been custo- mary.
On Nov. 6, 1827, Heman Allen of Milton was
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elected Judge of the Supreme Court in the place of Stephen Royce, Jr. declined, but Allen also declined and later, Royce was induced to accept the posi- tion. It was this year that the Vermont Mutual Fire Insurance Company was incorporated, which ever since has been doing a successful business, the managers of which have had the confidence of the people. On Nov. 13, 1827, the House instructed the Vermont delegation in Congress to favor the purposes of the American Colonization Society by government aid.
On Oct. 27, 1832, a resolution was presented in the House by Charles Carron, Jr., the Representa- tive of Isle La Motte, and concurred in by the Council, to effectually protect the citizens of the State engaged in the manufacture of marble from competition. It was the first resolution inviting the attention of the Legislature to one of the most admirable and valuable productions of the State.
At the October session of the Legislature of 1833, Solomon Foot of Rutland, afterwards a dis- tinguished member of the United States Senate, introduced a resolution in the House, "that the Governor be requested to procure a sword, orna- mented with devices emblematical of the capture of the Cyane and Levant, by the American Frigate Constitution, and present the same to Lieutenant Horace B. Sawyer, as a testimony of the high sense which the General Assembly entertain for his services and gallantry in that memorable action." This resolution was adopted without division, but rejected by the Governor and Council. In 1834, the House again adopted the resolution, and again
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it was rejected by the Council; in 1835, the same resolution failed in the House, but in 1856 both the House and Senate concurred in paying the well deserved compliment. Captain Sawyer recipro- cated by presenting to the Governor for the Execu- tive Chamber, an elegant chair, manufactured from the wood of the old frigate Constitution. Captain Horatio Bucklin Sawyer was the grand- son of Col. Ephraim Sawyer who commanded a Massachusetts regiment at the Battle of Bunker Hill and Saratoga, and son of Col. James Sawyer, an officer in the War of the Revolution. Captain Sawyer was born in Burlington, Vt., Feb. 22, 1797; he was appointed midshipman in the U. S. Navy in 1812, and commenced service on Lake Champlain ; he was captured on the sinking of the sloop Eagle in 1813, and detained for a year at Quebec as a prisoner; and on his release he was as- signed to the frigate Constitution under Commo- dore Stewart, and served with credit in the action which resulted in the capture of the British ships named in said resolution. While engaged in pre- serving neutrality, at Derby Line, during the "Patriot Rebellion " in Canada, he was appointed lieutenant commandant in the Navy, and in 1854, received a commission as post captain. He had a long and honorable service in the Navy. He died at the city of Washington, Feb. 14, 1860.
In 1835, there was no election of Governor by the people, but Silas H. Jenison was elected Lieu- tenant Governor. It had been the practice for the Governor-elect to issue the commissions to the offi- cers elected by the Legislature during the session.
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It was a matter of convenience that they should be so issued; and the question arose who should sign the commissions. On Nov. 6, 1835, the fol- lowing resolution was introduced before the Coun- cil: "Resolved, That His Honor the Lieutenant Governor be requested to issue commissions, to the officers elected by the Ceneral Assembly, and other officers entitled to commissions in all cases when it hath been, heretofore usual to issue com- missions during the session." A committee was appointed who reported, by George P. Marsh for the committee, to the Lieutenant Governor and the Council, that the Lieutenant-Governor, in their opinion, had the undoubted right to issue the commissions, " whether the late incumbent of the gubernatorial chair be holden to be still in office or not," but referred the question to the Supreme Court. Section XI of the second part of the Con- stitution then read as follows :-
" The Governor, and in his absence, the Lieuten- ant Governor, with the Council (the major part of whom including the Governor or Lieutenant Gov- ernor, shall be a quorum to transact business,) shall have power to commission all officers, and also to appoint officers, except where provision is or shall be otherwise made by law, or this frame of government ; and shall supply every vacancy in any office, occasioned by death or otherwise, until the office can be filled in the manner directed by law or this constitution."
Judges Titus Hutchinson and Samuel S. Phelps furnished the Council their opinion of the question involved, the full text of which is too long to be
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stated, but the substance of which was that the "Plan or Frame of Government" which declares that the person having the major part of votes to be Governor, for the year ensuing, does not limit the exercise of the powers of Governor to the pre- cise period of twelve calendar months, or one solar year; it is not to be understood that the powers of Governor shall cease before a successor is elected. While the election of Governor is pending in the Legislature, it must be considered, that the powers of the incumbent continue until a successor is elected, and this from the necessity of the case. The expression "the year ensuing " was undoubt- edly intended to mean the political year. The court did not decide that the Governor would have any power to act as Governor after the dis- solution of the legislative session without electing a successor of the Governor. Undoubtedly if the Legislature should take a final adjournment with- out electing a governor, in case the people had failed to elect one, the powers of the Governor would cease and the Lieutenant Governor would be the Acting Governor as it was in the year from November 1835, to the next session of the Legisla- ture in 1836, when Silas H. Jenison, elected as Lieu- tenant, was ex-officio Governor on account of the failure of William A. Palmer, the leading candi- date for Governor or other persons, to be elected as Governor.
CHAPTER VII.
BRITISH AGGRESSION AND CAUSE OF THE WAR OF 1812 AND VERMONT'S ATTITUDE RESPECTING IT.
England has been and is called our mother country and in some respects that is true, and Americans have been willing that that appella- tion should be applied to them, but for many years after the American Colonies gained their in- dependence England showed anything buta moth- er's care or respect for them. It was a bitter dis- appointment for the haughty British nation to surrender all authority over the American Colonies that she had clung to with such unparalleled ten- acity, and acknowledge their attempted coercion a failure.
After the separation was accomplished, instead of fostering a just and friendly spirit, a domineer- ing, captious and an illiberal spirit pervaded her dealings with America. Any small unintentional in- fractions of national law were greatly magnified. She acted as though the colonies that had been wrenched from her grasp, by reason of England's oppressive course, had no rights that Englishmen were bound to respect. This state of feeling was exhibited in their reluctance or refusal to with-
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draw their troops from Dutchman's Point and the entire town of Alburgh lying south of 45°, the line agreed upon between Canada and the Ameri- can territory in the treaty granting the Colonies their independence; it was seen in the British incit. ing the Indians to barbarous acts of cruelty against the settlers in the frontier States, and to acts of war against the United States for many years after the Revolutionary War; it was seen in building and holding Fort Miami and committing other depredations along our western frontier and sending English troops with savage Indians on to American territory with hostile designs; it was seen in the flagrant abuse of impressment of seamen; in the forcible seizure of American citizens for service in the British Navy. England not con- tent wih reclaiming deserters, or asserting the eternity of British citizenship, through her naval authorities, was compelling thousands of men of unquestioned American birth to help fight her bat- tles.
Robert Stewart Castereagh, a British states- man, admitted that there had been sixteen hun- dred bona fide cases of this sort by Jan. 1, 1811. In her conduct with other nations, and in exercis- ing, even her just claims, she ignored international. law, as well as the dignity and sovereignty of the United States. The odious right of search she shamefully abused. When pressed by America for apology or redress, she showed no serious willing- ness to treat upon the complaints, but seemed to resolve to utilize our weak and too trustful policy of peace. An instance of their insolent policy
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is shown in the Chesapeake affair. In June 1807, Commodore Barron, in command of the United States war vessel Chesapeake was attacked by the Leopard a British two-decker of fifty guns, out- side of the mouth of Chesapeake Bay, to recover three sailors, falsely alleged to be British born, on board. Surrender being refused; the Leopard opened fire. The Chesapeake received twenty-one shots in her hull, three of her crew were killed and eighteen wounded. This attack upon the Chesa- peake while unsuspicious of danger concentrated upon the British nation the whole weight of popu- lar indignation. The American vessel being unpre- pared struck her colors and was boarded by a detachment from the Leopard. Humphrey, the Leopard's commander, declined to take the Chesa- peake as a prize, and said he had obeyed his direc- tions in seizing the men and wanted nothing more of the vessel. On investigation it was ascertained that three of the men taken from the Chesapeake were citizens of the United States, who had been impressed into the British service and afterwards made their escape. This wanton exercise of power derogatory to national honor aroused the spirit of our people. The rancor of American party spirit which had so long embittered the inter- course of social life subsided in the desire to avenge the injury, and to support the govern- ment by treaty or war, to obtain satisfaction for the insulting outrage. The President issued a proclamation prohibiting all British ships of war from continuing or entering within the harbors or waters of the United States. Reparation for the
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injury, and security against any future aggression was demanded. The act of the commander of the Leopard, after a long delay, was disavowed by the British government; but the delay to adjust the difficulties and refusing to adopt adequate meas- ures to prevent the continuance of aggression, feel- ings of hostility against England rose to a high pitch.
The General Assembly of Vermont, co-operat- ing in their views with the general sentiment of the American people adopted a resolution, with but one dissenting vote, stating that they viewed with indignation and abhorrence the unjustifiable con- duct of the British cruisers, in the impressment and murder of American citizens, and plundering of their property upon the high seas and even in the very entrance of our harbors, and more especi- ally in the late hostile attack made upon the American frigate Chesapeake by the British ship Leopard. And the Assembly "Resolved, That at this awful crisis, when our national honor and in- dependence are insulted by a nation with whom we, forgetful of former injuries, have not only en- deavorad to cultivate harmony, by preserving a strict and perfect neutrality, but to conciliate their friendship by every act of benevolence, humanity and assistance compatible with the justice due to ourselves and others, it is the duty of every Ameri- can to rally around the constituted authorities of his country and to support them with his life and fortune, in resisting any encroachments on our · national and individual rights by any foreign power whatever; and in procuring redress for the
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