USA > Vermont > Early history of Vermont, Vol. III > Part 9
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"If Missouri be permitted to introduce and legal- ize slavery by her Constitution, and we consent to her admission, we shall justly incur the charge of insincerity in our civil institutions, and in all our professions of attachment to liberty. It will bring
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upon the Constiution and Declaration of Independ- ence, a deep stain, which cannot be forgotten, or blotted out! It will deeply affect the Union in its resources, political interests, and character.
"The admission of another new State into the Union, with a Constitution which guarantees security and protection to slavery, and the cruel and unnatural traffic in any portion of the hu- man race, will be an error which the Union can- not correct, and an evil which may endanger the freedom of the nation.
"Congress never ought, and we trust never will, plant the standard of the Union in Missouri, to wave over the heads of involuntary slaves, who have nothing they can call their own, except their sorrows and their sufferings, and a life beyond the grave-and who can never taste the sweets of liberty, unless they obtain it by force or by flight. Nor can a community, made up of masters and slaves ever enjoy the blessings of liberty, and the benefits of a free government: these enjoyments are reserved for a community of freemen, who are subject to none, but to God, and the laws."
The committee submitted with said report, and in harmony therewith, the following resolutions :
"RESOLVED, That, in the opinion of this Legis- lature, slavery, or involuntary servitude, in any of the United States, is a moral and political evil, and that its continuance can be justified by neces- sity alone. The Congress has a right to inhibit any further introduction, or extension of slavery, as one of the conditions upon which any new State shall be admitted into the Union. .
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"RESOLVED, That this Legislature views with regret and alarm, the attempt of the inhabitants of Missouri to obtain admission into the Union as one of the United States, under a Constitution which legalizes and secures the introduction and continuance of slavery-and also contains provis- ions to prevent freemen of the United States from emigrating to and settling in Missouri, on account of their origin, color and features. And that, in the opinion of this Legislature, these principles, powers and restrictions, contained in the reported Constitution of Missouri, are anti-republican and repugnant to the Constitution of the United States, and subversive of the unalienable rights to man.
"RESOLVED, That the Senators from this State in the Congress of the United States be instructed, and the Representatives requested, to exert their influence and use all legal measures to prevent the admission of Missouri, as a State, into the Union of the United States, with those anti-republican features and powers in their Constitution."
"The report and the resolutions were agreed to by both Houses without division.
"The strong pro-slavery policy to extend the area of the institution and the persistent and sucessful effort to admit Missouri without re- striction as to slavery was laying an egg that was later hatched out in the shape of a decision from the Supreme Court of the United States in the Dred Scott case in the opinion of a majority of the court announced by Chief Justice Taney, in which he stated that at the time of the Declaration
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of Independence and at the time of the adoption of the Constitution of the United State, the "unfor- tunate race were regarded as beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations; and so far inferior, that they had no rights which the white man was bound to respect; and that the negro might justly and lawfully be reduced to slavery for his benefit." This decision went so far as to hold that slave-holders could take their slaves into any territory of the United States and hold them there as slaves and was expressed in the following language: "It is the opinion of the court that the act of Congress which prohibited a citizen from holding and owning property of this kind in the territory of the United States north of the line therein mentioned, is not warranted by the Constitution and is therefore void." These antagonistic views and principles and the heated party spirit culminated in the rebellion of 1861, and resulted in the proclamation of emancipation of President Lincoln, Jan. 1, 1863.
"When we look back upon the free and inde- pendent spirit that had ever animated the people of the State, and are reminded that no slave has ever troden Vermont soil, and contemplate the strong, firm stand they have taken against the keeping in bondage a part of the human family, and in favor of the widest liberty, consistent with good government, we have reason to feel a just pride that we can be reckoned as Vermonters.
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CHAPTER V.
INCIDENTS, LEGISLATION, AND INTERNAL AFFAIRS OF VERMONT FROM 1791 TO 1808.
In the early history of Vermont it was not al- ways that each town had a separate representa- tive to the General Assembly. In 1795, the town of Londonderry and a Gore, called Mack's Leg, were erected into two separate towns by the names of Londonderry and Windham with the right of only one representative in the Assembly for both towns, but in 1804, the two towns were given all the privileges and immunities belonging to other incorporated towns. Previous to 1808, the towns of North Hero and Middle Hero (Grand Isle) were entitled to but one representative to the General Assembly, but subsequently on petition each of those towns were granted a representative.
At an early day the law required that, a person to be admitted as a member of the bar, should have several years of residence in the State, but in 1791, it was enacted that any person, it of good moral character and competent knowledge of the law, might be admitted as a practicing attorney on tak- ing an examination of the court and bar; this act did not require a previous residence.
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y A3TORIO
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It was not the practice of the Governor for many years, in the early history of the State, to appoint a day of Fast or Thanksgiving independ- ent of a request from the Assembly. The custom was for the General Assembly to pass a resolve "that his Excellency the Governor be requested by and with the advice of the Council, to appoint the day," named in the resolution to be observed as a day of Public Thanksgiving and Praise or Fast, throughout the State.
In 1793, Samuel Knight, President of the Coun- cil of Censors, addressed the Legislature and stated it had, in some instances, too hastily and inconsid- erately, passed insolvent acts, and acts suspending the operation of law against particular persons, and acts granting exclusive rights and privileges to individuals. He said that acts granting exclu- sive privileges to individuals except the exclusive right to their own inventions, were wrong. He, also adjudged it inconsistent with the spirit and genius of a free people, that a man should be ad- judged to pay costs in criminal cases after an im- partial jury has declared he is not guilty, and rec- ommended the repeal of an act that allowed that to be done. He said on taking a retrospective view of the business of the Legislature, on the whole, "he was happy to find that wisdom and stability mark the proceedings of our public bod- ies, and that this government is gaining knowl- edge and respectabilty."
In the early days of Vermont the property of many of her citizens who had joined the enemy. during the Revolutionary struggle was confiscated
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to the use of Vermont, and in some cases their gen- eral creditors petitioned the General Assembly that they might receive from the State a just propor- tion of the estate confiscated, but the petitions were denied. The Legislature deemed it not advis- able to make provision for the payment of the debts of persons whose property had been confis- cated in consequence of their treasonable conduct.
In the year 1795, a petition was presented to the Legislature by General Ira Allen then of Col- chester praying that the name of the University of Vermont be changed to "Allen's University," and at the same time proposing a donation of one thousand pounds worth of books for a library and a deed to the corporation of fifteen hundred acres of land. The offer was not accepted by the Leg- islature and Allen had leave to withdraw the pe- tition; the committee to which the petition was referred, expressed it as their opinion that the proposition of Allen was liberal.
The pay of town representatives to the Assem- bly, Councillors, State officials and their incidental expenses were much less for many years after the State first became a member of the Federal Union than they are at the present writing. In 1795, the pay for Councillors, was one dollar and forty-six cents, and for members of the House and Auditors of Accounts one dollar and twenty-five cents per diem. The appropriation for State expenses for the Legislative year from October 1795, to Octo- her 1796, was but 1,723 pounds for debentures of Lieut. Governor, Council, General Assembly, and necessary officers including Auditors of Accounts ;
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three pounds for wood and candles for the Council room; eighteen shillings for wood and candles for Clerks; fifty dollars for powder used on election day. A pound was reckoned at $3.331/3.
On Nov. 2, 1796, an act passed the House and was read and concurred in by the Council that con- ferred upon the Constitution of the State the dignity to which it was entitled : to wit, the supreme law of the State. The acts 1779, 1782 and 1787, re- lating to this subject, simply adopted the Consti- tution as a part of the laws of the State.
On Nov. 3, 1797, the Governor and Council un- dertook to recommend to the House by resolution how that body should proceed in the consideration of bills, as appears from the following statement and resolution sent to the House by the Council : viz., "Whereas, by an existing law, directing the mode of passing bills, and by the Constitution of this State, it becomes the duty of the House of Rep- resentatives, on receiving a bill from the Council. with the proposals of amendment thereto, to pro- ceed to try the sense of the House, whether they will concur with the Council in the amendments proposed, and on non-concurrence to return the bill to the Council, with the reasons of their dis- sent, that the Council may proceed further there- on. And whereas it appears from the journals of the House of Representatives, that the bill entitled "An act relating to the office and duty of an At- torney General, State's Attorneys, Clerks of the Supreme and County Court, the County Treasur- ers," returned to the House of Representatives, by the Council, on the 23d of October last, with pro-
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posals for amendment, has been dismissed by the House without acting on the amendments so pro- posed as aforesaid contrary to the opinion of the Council, to the express letter of the law, and a just construction of the Constitution: Therefore, Resolved, that it be recommended to the House of Representatives, to proceed and act upon the amendments proposed by the Council, in the man- ner prescribed by law."
The election sermon of the year was preached by Rev. Daniel C. Sanders, then of Vergennes, and later, President of the University of Vermont.
On Oct. 17, 1798, the two Houses met in Gen- eral Committee to consider the constitutionality of private acts of insolvency, and resolved that the Legislature have a constitutional right to pass such acts.
On Oct. 21, 1800, Luke Knowlton, on tender- ing to Governor Tichenor his resignation of his office and seat at the Council board, said, in part, that " the repeated and unsolicited suffrages of the free and enlightened citizens of this State will ever reflect the highest happiness to that mind whose greatest glory rests on the good esteem of his fel- low creatures. You will permit me, as I am now retiring from public life in which I have been so long placed, whether in the Legislative, Executive, or Judicial departments, it has been my constant aim and design to discharge the duties imposed on me with firmness, wisdom and integrity-and if in any instance have erred, it arose through defect of the head and not of the heart."
There were many bills in the early legislation
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of Vermont that were passed into law suspending civil process against persons for a term of years; such laws have been regarded by thoughtful minds as unwise and bad policy, and unjust as discrimi- nating between persons similarly situated, and such legislation has become infrequent or entirely discontinued. The Council of Censors sometime before November, 1813, had recommended the re- peal of the act of 1812, suspending civil process against officers and soldiers while in the service, as being in violation of several provisions of the Con- stitution of the United States and also of Vermont, undoubtedly having reference to that clause of the Constitution of the United States, declaring that, "no State shall pass a law impairing the obliga- gation of contracts."
On Oct. 17, 1796, the Legislature of Vermont presented an address to President George Wash- ington in answer to his farewell address to his fel- low citizens of the United States. The answer embraced the following expressions : viz.
"When we contrast the gloomy aspect, both of our domestic and foreign affairs, a few years since, with the flattering prospect now before us, we at once appreciate the advantages which resulted im- mediately from one general government, and the justice, magnanimity and moderation which has marked your administration.
"Convinced of our true interests, you have suc- cessfully opposed faction, and maintained that neutrality so necessary to our national honor and peace -- accept, sir, the only acknowledgment in our power to make, or yours to receive, the gratitude of a free people.
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"Ardently as we wish your continuance in pub- lic office, yet when we reflect on the years of anx- iety you have spent in your country's services, we must reluctantly acquiesce in your wishes, and consent that you should pass the evening of your days, in reviewing a well spent life, and looking forward to scenes beyond the grave, where our prayers shall ascend for a complete reward for all your services, in a happy immortality : and we re- ceive your address to your fellow citizens, as ex- pressive of the highest zeal for their prosperity, and containing the best advice to insure its con- tinuance.
"We cannot, sir, close this address (probably the last public communication we may have occa- sion to make to you) without assuring you of our affection and respect. May the shade of private life be as grateful to you as the splendor of your pub- lic life has been useful to your country.
"We shall recollect you with filial affection ; your advice as an inestimable legacy, and shall pride ourselves in teaching our children the impor- tance of that advice, and a humble imitation of your example."
President Washington on Dec. 12, 1796, said in part, in a reply, addressed to Elijah Paine and Isaac Tichenor, Vermont Senators then in Congress.
"Gentlemen, With particular pleasure I receive the unanimous address of the Council and General Assembly of the State of Vermont .- Although but lately admitted into the Union, yet the importance of your State, its love of liberty and its energy, were manifested in the earliest periods of the revo-
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lution which established our Independence. Uncon- nected in name only, but in reality united with the confederate States, these felt and acknowledged the benefits of your co-operation. Their mutual safety and advantage duly appreciated, will never permit this Union to be dissolved.
"I enjoy great happiness in the testimony you have presented, and in other proofs exhibited from various parts of our Country, that the operations of the general government have justified the hopes of our citizens at its formation, which is recog- nized as the era of our national prosperity. The voluntary acknowledgements of my fellow citizens persuade me to believe that my agency has con- tributed to produce this effect. This belief will be to me a source of permanent satisfaction, and those acknowledgements a rich reward."
It is but stating a recognized truth that no citi- zen of the United States ever won an equal respect and confidence both in war and peace as did George Washington with the people of the Ameri- can Union. He was cool and correct in judgment, bold and fearless in danger ; methodical and clear in all his business arrangements, and possessed the basis of a strong and elevated character. H. T. Headley in his life of Washington said of him, "this soul, poised on its own center, reposed calmly there amid all the tumult and turbulence that shook the land. The ingratitude and folly of those who should have been his friends, the insult of his foes, and the frowns of fortune, could not provoke him into rash acts or delude him into error." The lih- erty loving and brave Green Mountain Boys, while
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struggling for admission into the Federal Union against the powerful opposition of New York, had a friend in George Washington.
In 179S, the people of the Union had become separated quite sharply into two political parties, the Federalist party, and the opposition was cris- talizing into what was then denominated the Republican party. Daniel Buck who had been a member of Congress from 1795, to 1797, and a strong Federalist was active in fostering a division of sentiment and strengthening the Federal party, while Matthew Lyon, also a member of Congress, was over-zealous in his labors in behalf of the op- position or Republican party. On Oct. 20, 179S, an address to President John Adams was presented to the General Assembly, expressing the sentiment of the Federalists, in which it was stated that,
"We have been represented as a divided people ; but this report has been fabricated, and cherished, by men whose destructive policy would lead them first to excite disunion, and like the incendiary, to profit by the confusion they have created.
"That the great bulk of our citizens are firmly attached to our excellent Federal Constitution of government, and highly approve its administra- tion, you may be assured is an incontrovertible fact. That some men should not appreciate its advantages, or that some should be bad enough to strike at its very existence, is not strange. When we consider government as the association of the honest, the pious, and the peaceable, to pro- tect themselves from the wickedness of the dis- honest, the impious, and the unruly; it is not
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strange that if the beneficial designs of the former be effected, the latter will complain, and attempt to break every barrier which protects society. We know of no government, ancient or modern, that was ever celebrated for its excellency, whose archives were not disgraced with impediments of opposition, and the page of whose history is not stained with frequent insurrection. Even under the divine theocracy of the Jews, the people mur- mured amidst plenty ; and, while their first magis- trate was in immediate conference with Heaven for their good, a stupid faction of that people lost the remembrance of their divine government, in the adoration of a molten god.
"But you, sir, can accurately distinguish be- tween the voice of your country, and the clamor of party : we here offer you the genuine sentiments of our constituents, the freemen of Vermont, as delivered through their constitutional organ, the Legislature.
"In the infancy of French political reformation, with our bretheren of the United States, we wished well to the cause of French patriotism, because we supposed it the cause of virtue, religion and ra- tional liberty. But when Gallic virtue was suc- ceeded by licentiousness and inhumanity; when religion gave place to atheism, and rational liberty to grievous oppression ; when, no longer contented with abortive attempts to reform their own gov- ernment, they boldly obtruded their political creed upon the order and tranquility of other nations; and with rapacious ambition, unknown to their proudest monarchs, dissolved ancient govern-
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ments, annexing plundered provinces to their own blood-stained territories; when they violated the neutral rights of the United States, commissioned their ambassadors to excite us to foreign war and domestic insurrection, and made the most un- provoked depredations on our commerce; when they insulted our messengers of peace, and insid- iously attempted to degrade them into the mean instruments of subjecting their country to a scan- dalous tribute; when they refused to stop the hand of plunder, for a little period, while our gov- ernment might attempt, by discussion or conces- sion, to avert the calamities of war; when they violently and insidiously struck at our national in- dependence, every tie of affection for Frenchmen was dissolved; and we clearly perceived, that we could no longer be attached to that nation, but at the expense of our morals, our religion, and the love of our country.
"This, sir, is a day which calls loudly for deci- sion : and we are proud to declare our attachment to the Constitution of the United States; we believe its prosperity deeply involves our own; we have the firmest reliance on the executive adminis- tration of our general government. Your instruc- tions to our national envoys to France carry con- viction with them of your uprightness. Your resolution to send no other envoys to that haughty nation, unless previously assured of their honor- able reception, evidences beyond doubt, your firm attachment to the interest and honor of your country. You have justified your country in the face of the world; and if the consequences of
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French duplicity and rapacity shall involve us in a war, which we pray heaven to avert, we pledge ourselves to our country, our firmest support of her violated rights.
"Permit us to add assurances of our personal respect ; while we honor you as our Chief Magis- trate, we respect you as a man; and it is to your glory we can say, we regard JOHN ADAMS because we love our country."
This address was adopted by a vote of 129 yeas to 23 nays. In reply the President said, "Among all the addresses which have been presented to me, from communities, corporations, towns, cities and Legislatures, there has been none more acceptable to me, or which has affected my sensibility or com- manded my gratitude more than this very senti- mental compliment from the State of Vermont-a State which, within my memory, has been convert- ed from a wilderness to a fruitful field. Knowing as I do, your origin and progress, the brave, hardy, industrious, and temperate character of the peo- ple, their approbation of their Representatives, their attachment to the Constitution, and deter- mination to support the government, are the more to be esteemed. * * * The French have rendered it impossible for us to follow them in their notions and projects of government, or to submit to their arbitrary conduct and extravagant exactions to us: we must therefore defend our- selves against all their attempts."
In 1801, an address was adopted by the Assem- bly and presented to Thomas Jefferson, in which it was stated that the people of Vermont admired
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the Federal Constitution and that they contem- plated that the general government to be the sheet anchor of their peace at home and safety abroad, and that they regard the Presidency with a cordial attachment and profound respect; that they revered the President's talents and were assured of his patriotism and relied on his fidelity, and express- ed the hope that the general government would draw around the whole nation such lines of de- fence as shall prove forever impossible to every foreign foe. The President in reply expressed his thanks for the friendly, favorable sentiments, and joined them cordially in admiring and revering the Constitution of the United States, the result of collected wisdom of our country ; he would draw around the whole nation the strength of the gen- eral government, as a barrier against foreign foes, and that he would watch the borders of every State, that no external hand may intrude, or dis- turb the exercise of self-government, reserved to itself. In 1803, after the Louisiana purchase had been effected by Jefferson, the General Assembly addressed the President again. The address in part was as follows :-
"While we contemplate the acquisition of an extensive and fertile territory, with the free navi- gation of the river Mississippi, we cannot but ven- erate that spirit of moderation and firmness. which among divided councils finally enriched our country without the effusion of blood: and it is with much satisfaction we learn from the highest authority, that no new taxes will be requisite for the completion of the payment for this valuable
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