USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 57
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Arguments like these prevailed, and on the 10th of January, after a session of four days, the convention resolved that appli- cation should be made to Congress for the admission of Vermont into the federal Union. This decision was supported by an instrument, in which the convention, by virtue of the power and authority to them entrusted for that purpose, "fully and entirely " approved of, assented to, and ratified the constitution of the United States, and declared, that "as soon as the state of Vermont shall be admitted by the Congress into the Union, and to a full participation of the benefit of the government now enjoyed by the states in the Union, the same shall be binding on us and the people of the state of Ver- mont forever." This instrument was signed by one hundred and five of the one hundred and nine members of the conven- tion. The convention having completed the business for which they had been called together, dissolved on the 11th of Janu- ary.
The General Assembly of Vermont met at Bennington, on the day previous to the dissolution of the convention, and, on the 18th, made choice of Nathaniel Chipman and Lewis R. Morris, as their commissioners to repair to Congress and negotiate the admission of Vermont into the Union. Pursuant to their appointment, these gentlemen visited Philadelphia and laid before General Washington, the President of the United States, the proceedings of the convention and Legislature of Vermont, before referred to. On the 18th of February, Congress by an act declared, "that on the fourth day of March, one thousand
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564
HISTORY OF EASTERN VERMONT. [1791-1795.
seven hundred and ninety, one, the said state, by the name and style of ' the state of Vermont,' shall be received and admitted into this Union, as a new and entire member of the United States of America." Thus did Vermont finally reach the position which she was so well entitled to fill. Her accession to the Union was everywhere regarded with satisfaction, and no better proof of the feeling of Congress on the subject is needed, than the fact that she was admitted without debate and by a unanimously affirmative vote .*
During their session held at Windsor in the months of Octo- ber and November following, the General Assembly of Ver- mont made provision for raising the sum of $30,000, by a gene- ral land tax.t At this period in the history of the United States, before the establishment of a national currency, the difficulty of procuring large sums of silver or gold was severely felt. Owing to this scarcity of a circulating medium, and the poverty of the people, the state of Vermont was unable to pay the whole of the stipulated amount at the appointed time. An act was therefore passed by the Legislature of New York, extending the time of the payment. As soon as the greater por- tion of the $30,000 had been received, a question arose as to the method of apportionment which should be adopted, in dividing it among those to whom it belonged. For the purpose of remov- ing all trouble on this point, the Legislature of New York passed an act on the 6th of April, 1795, " concerning the money paid into the treasury of this state, by the state of Vermont."
In the preamble of this act, the various proceedings which had led to a settlement of the controversy were recited, and the neces- sity of making " a just and equitable distribution" of the money which already had been and which hereafter was to be paid, was stated. To accomplish this object, Robert Yates, John Lansing Jr., and Abraham Van Vechten were appointed commissioners,
* Williams's Hist. Vt., ii. 260, 261. Slade's Vt. State Papers, pp. 194-196. Life of Nathaniel Chipman, pp. 83-95. Ira Allen's Hist. Vt., pp. 249, 250.
+ "The General Assembly of Vermont has passed a law, laying a tax of one halfpenny per acre, on all lands in that state, for the purpose of raising the sum of $30,000, to discharge the demand of the state of New York upon them." Thomas's Spy, November 24, 1791, No. 973.
" As compensation for the loss of these lands, the state of Vermont stipulated and paid to the state of New York, 30,000 Spanish milled dollars."
" With good management, 30,000 dollars cancelled grants from the late colony of New York, for about 5,000,000 acres of land."-Ira Allen's Hist. Vt., pp. 249, 250.
1799.]
FINAL SETTLEMENT OF THE DISPUTE WITH NEW YORK. 565
to decide all claims of citizens of New York to lands situated in Vermont which had been ceded by the former state to the latter, and to determine what proportion of the $30,000 each claimant should receive. The commissioners were directed to give notice of the time when they would receive and examine claims. Claimants who should not notify their claims to the commissioners, within one year after the publication of the notice, were declared for ever barred of the right of recovery. Vested with these powers, and guided by these regulations, the commissioners began their examination. Many applications were received, and the amount of compensation claimed was far greater than the sum from which it was to be drawn. Finally on the 23d of April, 1799, the commissioners rendered their report. Of the seventy-six-claimants among whom the sum was divided, those who received the largest amount were Goldsbrow Banyar, Samuel Avery, the heirs of James Duane, William Cockburne, the heirs of Simon Metcalf, Brooke Wat- son, William Smith, John Plenderleaf, Jonathan Hunt, John Bowles, Thomas Norman in right of his wife the daughter of Crean Brush, Abraham Lot, Samuel Stevens, James Abeel, the heirs of Cadwallader Colden, and John Bard .*
With this apportionment all the direct results flowing from the controversy between New York and Vermont ceased. The two states, united by the bonds of trade and mutual interest, no longer regarded one another with jealousy or distrust, but sought rather, by the interchange of confidence and concession, to obliterate the recollections of the past. From the time when Vermont first declared her independence, " Freedom and Unity" was the expression of the principles which guided her conduct. " Freedom and Unity" is the motto with which she now stands among the states of this Union.
* Life of Chipman, p. 82. Laws of N. Y., 18th session, pp. 34, 35. Doc. Hist. N. Y., iv. 1024, 1025.
An account of the division of the $30,000 is contained in Appendix L.
CHAPTER XXI.
EARLY LAWS OF VERMONT-INDIAN INSCRIPTIONS.
First constitution of Vermont modelled on the first constitution of Pennsylvania -Constitution of Vermont legalized by statutory enactments-Epitome of the constitution-Its religious and moral elements-The test creed-Educational interests-Freedom of speech and of the press maintained-Establishment of courts of justice-Good men to be placed in office-The purity of the ballot- box-The necessity of labor-First essay at legislation-The laws of February, 1779-The "Word of God" and the "Connecticut law book"-The criminal code of Vermont-Capital offences-Degrading punishments-Manslaughter- Incest-Adultery-Polygamy-Housebreaking and highway robbery-Coun- terfeiting-Riot-Perjury-Forgery-Lying-Theft-Cursing or profane swear- ing-Gaming-Horse-racing-Night-walking-Tavern-haunting-Licensing ta- verns-Drunkenness-Sabbath-breaking-Stocks-Care of the poor-Militia service-Attorneys-Instances of the infliction of corporal punishment-Sin- gular customs-Imprisonment for debt-The burial of Thomas Chandler Sen. -The marriage of Mrs. Lovejoy-Indians of Vermont-Coos-Newbury-In- dian sculptures at Bellows Falls-The "Indian Rock" on West or Wantastiquet river.
THE references in some of the previous chapters to the statutes enacted by the General Assembly of Vermont for the punish- ment of Yorkers and the enemies of the state, would naturally lead the reader to inquire concerning the character of the early legislation of this independent jurisdiction. Allusion has al- ready been made to the peculiar circumstances under which the first constitution of Vermont was adopted. Soon after the people of the New Hampshire Grants had declared that district a free and independent state, many disinterested persons ex- pressed a desire that the organization of "New Connecticut, alias Vermont," as the new state was called, should be imme- diately effected. On the 11th of April, 1777, Dr. Thomas Young, a citizen of Philadelphia, published an address to the inhabitants of Vermont, urging them to maintain the ground they had taken, and pointing out to them the method by which
1777.] REVIEW OF THE CONSTITUTION AND LAWS OF VERMONT. 567
many of the difficulties in forming a government might be met and overcome. "I have recommended to your committee," he observed in this address, " the constitution of Pennsylvania as a model, which, with a very little alteration, will, in my opi- nion, come as near perfection as any thing yet concocted by mankind. This constitution has been sifted with all the criti- cism that a band of despots was master of, and has bid defiance to their united powers." His advice was followed, and an in- strument which was supposed to have been the work of Benja- min Franklin became the basis of that upon which the govern- ment of Vermont was established .*
Though built on so good a foundation, the constitution of Vermont was the work of men whose necessities gave them but little time for thought or deliberation. Prepared at a time when the United States was engaged in a war which convulsed the whole American continent ; completed at the moment when Burgoyne, having ravaged the shores of Lake Champlain, was maturing the reduction of Ticonderoga; and published while the excitement consequent upon the triumph at Bennington was still agitating the minds of the Green Mountain Boys, it was never sanctioned by a vote of the people, but was tacitly accepted by them as the exponent of their rights and privileges. The remark of Governor Slade, that the constitution of Ver- mont " was considered a mere nullity by the statesmen of that period," cannot be regarded as strictly correct. At the same time, it is difficult to determine in what estimation it was held, either by them or the people. The first act passed by the General Assembly, at their session held at Bennington on the 11th of February, 1779, was " An act for securing the general privileges of the people, and establishing common law and the constitution, as part of the laws of this state." For what pur- pose this statute was needed is by no means apparent. In its very nature, the constitution of a state is superior to any statute law. It is, in a certain sense, the fountain and source of statute law. By it the state is organized and becomes invested with power to legislate. The attempt, therefore, of the General As- sembly of Vermont to legalize the constitution of the state, ap- pears to have been either simply an absurdity, or a proof that
* The similarity between the first constitution of Vermont and the first consti- tution of Pennsylvania may be seen by comparing those instruments as they appear in the " Memoir of Thomas Chittenden," by Daniel Chipman, pp. 26-50, et passim.
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HISTORY OF EASTERN VERMONT.
[1777.
the statesmen regarded the constitution as possessed of but little binding force, and hoped to dignify it in the estimation of the people, by investing it with, at least, the power of law.
Had there been no further attempts to give the constitution a statutory force, this inference might be regarded as partially correct. The desire to " make assurance double sure," seems, however, to have prevailed in the minds of the law-makers, and its effect in bolstering up the constitution was visible in a num- ber of instances. In June, 1782, a law was enacted by the General Assembly, while in session at Windsor, for the purpose of " establishing the constitution of Vermont, and securing the privileges of the people." At a convention held at Manchester in June, 1786, the constitution was revised and re-established. The General Assembly sat during a portion of February and March, 1787, at Bennington, and on the 8th of the latter month they declared by a special statute, that the constitution "shall be forever considered, held, and maintained, as part of the laws of this state." The constitution underwent a second revision at a convention held at Windsor in July, 1793. At a session of the General Assembly held at Rutland during October and November, 1796, that instrument was, by a legislative enact- ment, passed on the third day of the latter month, again pro- nounced and established " the supreme law" of the state .*
The first constitution was "established by convention" on the 2d of July, 1777. It was divided into three parts. The first division consisted of a preamble, in which were set forth the reasons that had induced the people of the New Hampshire Grants, to form themselves into a separate and independent commonwealth. A "Declaration of the rights of the inhabit- ants of the state of Vermont" was comprised in the second division. The third division contained the "Plan or frame of government," in accordance with which the affairs of the state were to be conducted. The tone of the whole instrument was moral, manly, independent. Vermont ever strove to imbue her public expressions with the spirit of freedom. In her relations with other states, she preserved her word and her honor unim- paired. Only in her negotiations with the British in Canada did she employ ambiguous terms and the arts of diplomacy, but it was by these means that she maintained her separate
* Slade's Vt. State Papers, p. 288. Statutes of Vt., 1787, pp. 31, 32. Acts and Laws of Vt., 1796, pp. 3, 4.
569
JUST SENTIMENTS CONCERNING RELIGION.
1777.]
political existence, and secured the frontiers of the northern states from rapine and devastation. The positions taken in the constitution were in strict conformity with the character of men who loved liberty and hated oppression. The natural freedom of man; the inherence of power in the people; the establish- ment of government for the benefit of all; the purity of the ballot-box ; the subserviency of private property to public uses ; the trial by jury ; the sacredness of hearth and home; the subordination of the military to the civil power; the right of petition and remonstrance-these, and other principles equally noble, were asserted with unaffected confidence, in this exposition of the moral, civil, and political faith of the people of Vermont.
Concerning man as a religious being, it was claimed " that all men have a natural and unalienable right to worship AL- MIGHTY GOD, according to the dictates of their own consciences and understanding, regulated by the word of Gon ; and that no man ought, or of right can be compelled to, attend any reli- gious worship, or erect or support any place of worship, or maintain any minister, contrary to the dictates of his con- science ; nor can any man who professes the Protestant religion be justly deprived or abridged of any civil right, as a citizen, on account of his religious sentiment, or peculiar mode of reli- gious worship; and that no authority can, or ought to be in- vested in, or assumed by any power whatsoever, that shall, in any case, interfere with, or, in any manner, control the rights of conscience in the free exercise of religious worship. Never- theless, every sect or denomination of people ought to observe the Sabbath or the Lord's day, and keep up and support some sort of religious worship, which to them shall seem most agree- able to the revealed will of GOD." These sentiments were more strenuously enforced in the positive declaration that "laws for the encouragement of virtue and prevention of vice and immorality shall be made and constantly kept in force ; and provision shall be made for their due execution ; and all religious societies or bodies of men, that have been, or may be hereafter, united and incorporated for the advancement of reli- gion and learning, or for other pious and charitable purposes, shall be encouraged and protected in the enjoyment of the pri- vileges, immunities, and estates, which they, in justice, ought to enjoy under such regulations as the General Assembly of this state shall direct."
570
HISTORY OF EASTERN VERMONT.
[1777.
.
Though these semi-puritanic law-givers were willing to allow to the people a considerable latitude in the "mode of religious worship," yet in matters of religious faith they were more ex- acting. Every member of the General Assembly, before tak- ing his seat, was required to accept and subscribe a test creed, in these words :- " I do believe in one GOD, the Creator and Governor of the universe, the rewarder of the good and punisher of the wicked. And I do acknowledge the scriptures of the Old and New Testament to be given by Divine inspiration, and own and profess the Protestant religion." It appears by the records of the General Assembly, that Ethan Allen, who was returned a member from Arlington in October, 1778, refused to express his belief in the manner prescribed by law. His participation in the deliberations of that session, shows that his non-conformity did not debar him from serving as the represen- tative of his constituents. When in October, 1785, the consti- tution was revised, the acknowledgment of a religious belief was deemed essential, and the test creed was retained un- changed.
While the interests of religion were thus protected, educa- tional interests were not neglected. The provision made for the instruction of the youth of the state, at a time when boys of sixteen were compelled to bear arms, and when the alarms of war rendered a continuous attention to the arts of peace al- most impossible, affords a striking example of the forecast of these self-taught statesmen. Fully imbued with the necessity of multiplying the advantages of instruction, they declared that " a school or schools shall be established in each town by the Legislature, for the convenient instruction of youth, with such salaries to the masters, paid by each town, making proper use of school lands in each town, as thereby to enable them to instruct youth at low prices. One grammar school in each county, and one university in this state, ought to be established by direction of the General Assembly." To these wise provi- sions and to the laws which were afterwards enacted in accord- ance with them, Vermont owes the high position which she now holds, in an educational point of view, among the other states of the Union.
Among a people who had ever been accustomed to express publicly their opinions, restraints infringing upon this privilege would be necessarily irksome. To guard against a contingency of this nature, and to protect that medium by which public
571
. ADMINISTRATION OF JUSTICE.
1777.]
wrongs are exposed, the condition of the state made known, and information of every proper character extended, the legis- lators of Vermont asserted " that the people have a right to freedom of speech, and of writing and publishing their senti- ments : therefore, the freedom of the press ought not to be restrained," and further, that " the printing presses shall be free to every person who undertakes to examine the proceedings of the Legislature, or any part of government."
Ever since the abolition of colonial rule, the trial and punish- ment of evil-doers had devolved upon town and county com- mittees of safety, and upon such other temporary tribunals as had been warranted by public policy, and tacitly sanctioned by the people. As a consequence of this imperfect mode of judi- cial administration, the power thus delegated was often used to gratify the promptings of malice, or, on account of ignorance, was not exercised with that discrimination which distinguishes accurately between the right and the wrong. "Courts of jus- tice shall be established in every county in the state," pro- claimed the constitution, and thenceforth Justice blinded her eyes to the temptations which were springing up on every side to beguile her, and adjusted her scales with honest precision.
For the purpose of securing a just administration of the affairs of government, the principle of selecting for office, men of high moral character and unblemished reputation, was early established. In avowing this idea the announcement was made, " that frequent recurrence to fundamental principles, and a firm adherence to justice, moderation, temperance, industry, and frugality are absolutely necessary to preserve the blessings of liberty, and keep government free. The people ought, there- fore, to pay particular attention to these points in the choice of officers and representatives. The people have a right to exact a due and constant regard to them, from their legislators and magistrates, in the making and executing such laws as are necessary for the good government of the state." These no- tions found full development in the plain statement " that no person shall be capable of holding any civil office in this state, except he has acquired and maintains a good moral character." To afford a more effectual protection in the exercise of the elective franchise, it was decreed by the constitution that "all elections, whether by the people or in General Assembly, shall be by ballot, free and voluntary; and any elector who shall receive any gift or reward for his vote, in meat, drink, monies,
572
HISTORY OF EASTERN VERMONT.
[1777.
or otherwise, shall forfeit his right to elect at that time, and suffer such other penalty as future laws shall direct. And any person who shall, directly or indirectly, give, promise, or be- stow any such rewards to be elected, shall thereby be rendered incapable to serve for the ensuing year." By legislative enact- ments, other punishments were denounced against those who should attempt to impair the purity of the ballot-box.
In the system of government promulged by the founders of the new state, industry, as the safeguard of a people, was a foundation principle. The sentence passed upon the father of mankind, wherein it was declared, that in the sweat of his face he should eat bread, was too plainly applicable to his descend- ants inhabiting a country as unproductive as was Vermont, to allow of the supposition, that any one could live there without employment of some nature. Having been obliged to gain their own subsistence by toilsome labor, the first legislators of Vermont felt and declared the necessity of a similar course, for all who desired to maintain a manly self-respect. These senti- ments found expression in the constitution, in the following lan- guage :- " As every freeman, to preserve his independence (if without a sufficient estate), ought to have some profession, call- ing, trade, or farm, whereby he may honestly subsist, there can be no necessity for, nor use in establishing offices of profit, the usual effects of which are dependence and servility unbecoming freemen, in the possessors or expectants, and faction, conten- tion, corruption, and disorder among the people. But if any man is called into public service, to the prejudice of his private affairs, he has a right to a reasonable compensation. And whenever an office, through increase of fees or otherwise, be- comes so profitable as to occasion many to apply for it, the profits ought to be lessened by the Legislature."*
Such were some of the features of the constitution under which the new state began its political existence. In the government as established, the supreme legislative power was vested in " a House of Representatives of the freemen, or com- monwealth, or state of Vermont," and the supreme executive power in a Governor and a Council of twelve, the members of which body were denominated Councillors or Assistants. The first session of the General Assembly-the name by which the
* Acts and Laws of Vt., 1779, pp. i .- xii., 1, 2. Slade's Vt. State Papers, pp. 241-255, 287, 288, 524.
573
ACTS PASSED BY THE FIRST GENERAL ASSEMBLY.
1779.]
House of Representatives was commonly designated-was held in March, 1778. A second was held in June, and a third in October following. The laws which were passed at these ses- sions were published towards the close of the year in pamphlet form, but were never recorded in the office of the secretary of state. Of their nature little is known. They, doubtless, par- took more of the character of temporary regulations than of permanent laws. In the journal of the first session, there are two entries under the date of March 26th, in these words :-
" Passed an act for the punishing high treason and other atrocious crimes, as said act stands in the Connecticut law- book."
" Passed an act against treacherous conspiracies, as said act stands in the Connecticut law-book."
From these and other indications of a similar nature, it may be reasonably inferred, that Connecticut was the source whence New Connecticut, alias Vermont, derived many of her ideas of government and law. The crude manner in which these ideas were necessarily, in many instances, expressed, was doubtless the reason why the early enactments were not recorded. "It is indeed a subject of regret," observes Mr. Slade, " that any cause should have been thought sufficient to justify a neglect, by which the first essay at legislation by the government of Vermont, has been lost to succeeding generations."
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