USA > Vermont > History of the state of Vermont; for the use of families and schools > Part 16
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county nomination, and looked rather to the qualifi- cations of the candidate than to his political opinions. The customary business of legislation was pursued with diligence, calmness and impartiality.
19. In 1798, the federalists had introduced the custom of addressing the president of the United States, and the republican party, having now gained the ascendency, thought it necessary to imitate the example, by a respectful address to Mr Jefferson. A committee was appointed, and an address reported, expressive of strong attachment to the constitution, and to the person and political opinions of the presi- dent, but containing no reflections upon the former administration. When this address was brought . before the house for their adoption, the federalists proposed a trifling alteration in some of the expres- sions, which the opposite party supposed was design- ed to prevent any address being made. A debate now arose about words and phrases, which gradually increased in power and violence, till the spirit of party was wrought almost to phrensy and madness. This debate was continued on three successive days, and ten times were votes taken upon it by yeas and nays. At length after some slight alterations the ad- dress was finally adopted by a vote of 86 yeas to 59 nays.
20. In October 1802, the legislature met at Bur- lington, and Mr Tichenor was found to be re-elected governor by a respectable majority. In his speech he adverted to the alarming progress of party spirit, and to the dangers to be apprehended from it to our political institutions. The house, as usual, appoint- ed a committee who reported an answer to the speech. This answer was intended not only as an answer to the governor but a declaration of the sen- timents of the house with regard to the present and preceding administrations of the general govern- ment. It was written in a peculiar style, abounding in sly insinuations, fulsome adulation, and ambigu-
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ous paragraphs. The debate upon this answer was warm and spirited, but it was finally adoptee with- out alteration by a vote of 93 to 85. The minority entered upon the journals of the house, a protest against this answer signed by 59 members.
21. After this business was disposed of, and to prevent similar occasions of excitement, one of the members gravely introduced a motion to recommend that the governor should not hereafter make a formal speech. 'T'his motion was however decided in the negative, and happily no other business was brought forward which was calculated to arouse the prejudi- ces, or inflame the minds of the members. The republican majority was evidently less than it was the preceding year, and did not venture to hazard the adoption of violent or proscriptive measures. The appointments were mostly made from the repub- lican party, but the business of the session gene- rally was managed with prudence and moderation.
22. In 1803, the legislature met at Westminster. Every part of the country was now agitated by po- litical intrigues and debates. The governor opened the session as usual with a speech ; but he carefully avoided political questions, and called the attention of the legislature immediately to the business of the state. A committee was appointed, who reported an answer to his excellency's speech, which was adop- ted without debate, and nothing occurred to call up the feelings of party, till the appointment of civil officers came on. The republicans had a small ma- jority in the house, and they now resolved to employ it in weakening their opponents. Several of the judges were displaced, and men of more approved republican principles appointed in their places, and the work of proscription on account of political opinions was now carried farther than it was by the federalists in 1798.
23. The subject of banks first came before the legislature at this session. Petitions were received
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from Windsor and Burlington to be allowed to estab- lish banks in those towns; but the legislature was so little acquainted with the nature and tendency of such institutions, that they judged it prudent to refer the subject to the next session of the legislature. It was expected that proposals would be received from Congress during this session to amend the constitu- tion of the United States, so as to oblige the electors to distinguish, on the votes given in, the person intended for president from the one intended for vice president. As it was supposed that the adop- tion of this amendment would secure the re-election of Mr Jefferson, the republican members were ex- tremely anxious to act upon it before they adjourned. But, finding that it would require the session to be protracted to an unreasonable length, they decided upon an adjourned meeting, to be held at Windsor, on the last Tuesday of January.
24. In January, 1804, the legislature met at Wind- sor according to adjournment, and the proposed amendment was laid before them. After some de- bate the amendment was adopted by the assembly ; yeas 93, nays 64. This same question was before the legislature in 1799, and was passed in the affir- mative by a vote of 94 to 42. In this case all the federalists voted in favor of the proposed alteration, and all the republicans against it; but in 1804, all the republicans were in favor of the amendment, and all the federalists opposed to it. Thus it appears that both parties had totally changed their votes in the course of four years, and that they had either changed their principles, or that they acted without principle.
25. In October, 1804, the legislature held their annual session at Rutland. At this session another proposal for amending the constitution of the United States came before the assembly. This originated in Massachusetts, and its object was to apportion the representatives from the several states according to
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the number of free white inhabitants, to the exclusion of those elected on account of the slaves in any state : 'This proposal was rejected by a vote of 106 to 76. The customary business of the session was transacted with expedition and propriety. Complaint having been made, that the judges of the supreme court had taken illegal fees, a committee was appoint- ed towards the close of the session to inquire into the subject. The committee reported the facts, and that in their opinion, fees had been taken agrecably to the fee bill. The house accepted the report so far as it related to the facts, but not as to the opinion given of the legality of the proceedings of the judges. The legislature then adjourned, leaving the matter in this state of indecision.
26. In October, 1805, the assembly met at Dan- ville. The governor's speech related principally to the internal affairs of the state, and, neither that nor the answer, which was returned by the assembly, was calculated to arouse party feelings, or afford sub- jects of controversy. the complaints against the judges for taking illegal fres was again taken up and occupied the assembly for several days, and gave rise to much warm debate. It was, however, finally " Resolved, That it is the sense of this house, that the fees taken by the judges of the supreme court, were taken with upright views, and that no further order ought to be taken on the subject." This resolution was passed by a vote of 100 to 82.
27. At this session two more proposals for amend- ing the constitution of the United States, came before the legislature. One from North Carolina, having for its object to empower Congress to pass a law to prevent the further importation of slaves into the United States, and the other irom Kentucky, the object of which was to diminish the powers of the United State's courts. The former proposal was adopted by the assembly without debate or opposition, and the latter was referred to the next session of the 18*
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legislature. An act was passed at this session em- powering the governor to take measures for ascertain- ing the true north line of the state, and another act fixing upon Montpelier as the permanent seat of the government of the state, from and after the year 1808.
29. The next session of the legislature was held at Middlebury in Octo' er, 1806. Mr Tichenor was again re-elected governor by a respectable majority, notwithstanding the efforts made by the republican party to prevent it. Ilis opponents, however, had a considerable majority in the assembly, and in their answer to the governor's speech, they did not attempt to conceal their hostility to the measures, which he had recommended. When the resolutions from. Kentucky, which had been laid over by the former assembly, came up, the house resolved itself into a committee of the whole, and after some debate adop- ted the proposed amendment by a vote of 148, to 34; thus manifesting their desire to increase their own powers by diminishing those of the general government. It being reported that Mr Jefferson in- tended to retire to private life at the close of his first term of office, the assembly drew up a respectful address to him, which was intended to induce him to become a condidate for re-election. An act was also passed at this session establishing a state bank consisting of two branches, one at Woodstock and the other at Middlebury.
30. In October, 1807, the legislature met at Wood- stock, and, on counting the votes, Israel Smith, the republican candidate, was found to be elected gover- nor in opposition to Mr Tichenor. In his speech, the governor confined his remarks to the internal affairs of the state, and particularly suggested such alterations in the criminal jurisprudence of the state, as to substitute confinement to hard labor in the place of corporeal punishment. In conformity to these suggestions an act was passed during the session establishing a state penitentiary at Windsor and
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making the necessary appropriations for carrying it into effect.
31. The legislature assembled for the first time at Montpelier, the established capital of the state, in October 1808. Mr Tichenor was elected governor, in opposition to Mr Smith, who had held the office the preceding year. In his speech he expressed a decided disapprobation of the leading measures of Mr Jefferson's administration. The republicans having a majority in the assembly returned an an- swer, in which they expressed the fullest confidence in the president, and a hearty approval of his meas- ures. No subject of uncommon interest was brought forward at this session, and the ordinary business was disposed of in the usual manner.
32. In 1809, the republican party succeeded in electing Jonas Galusha governor, in opposition to Mr Tichenor, who had filled that office with fidelity for eleven years. The governor's speech and the reply to it by the assembly, were expressive of the political opinions entertained by the republican party generally throughout the union. At this session an address was adopted congratulating James Madison upon his elevation to the presidency. A proposed amendment to the federal constitution from Virginia also came before the assembly, the object of which was to enable state legislatures to remove their sena- tors in Congress from office, when they should deem it expedient. The amendment was however rejec- ted by a majority of the house.
33. In 1810, 1811 and 1812, Mr Galusha was successively re-elected governor of the state, and the republican party had each year a majority in the assembly. The spirit of party now run extremely high, but the usual business of the state continued to be transacted with fidelity. In 1811, another propo- sal for amending the constitution of the United States came before the assembly. This amendment eclared that any citizen, who should accept any
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title of nobility or honor, or any pension or emoli- ment, from any foreign power, without the consent of Congress, such person shall cease to be a citizen of the United States. The amendment was adopted by the assembly. The year 1812 is memorable on account of the declaration of war, by the United States against Great Britian. We shall not attempt to give the particulars of this war, and still it will probably be expected that we should at least give a sketch of the transactions within our own borders and in which our own citizens were more particularly concerned ; and this we shall attempt to do in the following section.
SECTION III.
Legislative proceedings from 1812 to 1815 -- War With Great Britain-Exents on Lake Champlain Battle at Plattsburgh.
1. Our limits will by no means permit us to inves- tigate the causes by which the United States were led to engage in the second war with Great Britian, nor to mention any of the events of that war except such as transpired in our immediate vicinity. Caus- es of complaint had existed for several years, which, as early as 1809, led to the passage of a law by Congress, interdieting all commercial intercourse with Great Britian. On the 3d of April, 1812, Con- gress laid an embargo upon all the shipping within the jurisdiction of the United States for 90 days, and on the 18th of June following, an act was passed declaring war with Great Britain. On the passage of this act the vote stood as follows ; in the house of representatives yeas 79, nays 49, and in the senate yeas 19, nays 13. The principal causes which led to the adoption of this measure were declared to be the impressment of American seamen by the British-
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the plundering of American commerce, and the British orders in council."
2. In October, 1812, the legislature of Vermont assembled at Montpelier. In his speech Governor Galusha urged the assembly to second the measures of the general government-provide the means for the defence of our own citizens, and for sustaining our national rights and honor. The assembly return- ed an answer fully concurring in the sentiments of the governor; but thinking the exigencies of the times demanded a more explicit avowal, they resol- ved that since war had been declared by the consti- tuted authority of the country " we pledge ourselves to each other and to our government, that with our individual exertions, our example and influence, we will support our government and country in the present contest, and rely upon the great Arbiter of events for a favorable result."
3. The above resolution was passed by a vote of 128 to 79. But the minority were not silent. They entered a protest upon the journals of the house in which they declared the resolution to be subversive of the true principles of a [republican government, and also expressed their decided disapprobation of the leading measures of the administration, pro- nouncing the declaration of war to be premature and impolitic. The majority, however, proceeded to act up to the spirit of their resolve, and passed a law, prohibiting all intercourse between the people of Vermont and Canada, without a permit from the governor, under a penalty of $1000 fine, and seven years confinement at hard labor in the state's prison. They also passed an. act exempting the person and property of the militia while in actual service, from attachment-an act, laying a tax of one cent per acre on the lands in the state, in addition to the usual assessments, and other acts relating to the detaching and paying of the militia.
4. These legislative regulations proving oppres-
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sive to the people, many of the supporters of the war abandoned the republican ranks and went over to the opposition. As the elections in 1813 approach- ed both parties exerted to the ntmnost every means in their power to gain or preserve the ascendency. When the assembly came together in October, it was found that neither candidate for governor had been elected by the people. On attempting a choice by the assembly, they were found to be divided into two parties exactly equal. After much manœuvreing and several trials, Martin Chittenden, the federal can- didate was elected by a small majority. The senti- ments of the governor's speech and of the answer to it, were in the highest tone of federalism and conse- quently in direct opposition to the war and the measures of the general government. The minority, 75 in number however, protested against these senti- ments and entered their reasons upon the journals of the house.
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5. The federalists having now the ascendency, nearly all the appointments to office were made from that party : after which the legislature proceed- ed to repeal the several laws before mentioned which had been enacted the preceding year. The spirit of party was now wrought up to the highest pitch, and the parties did not hesitate to brand each other with the opprobrious names of tories, traitors and enemies to their country. The enmity was such as to destroy the harmony and intercourse of families and neighbors and at times they seemed to be on the eve of proceeding to open hostilities.
6. The smuggling business led to frequent encoun- ters between the smugglers and custom-house-officers, during the war and the non intercourse which preced- ed it, in some of which blood was shed and lives lost. The first serious affray of this kind took place on Win- ooski river, at Burlington in 1808, between a party in the employ of the custom department and a smuggling vessel called the Black Snake. In this encounter
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two men were killed by the smugglers. The smug- glers were, however, taken and tried by a special court at Burlington. Dean, one of them, was execu- ted and the others, excepting Day who was dischar- ged, were sentenced to the State's prison. Franklin county was the scene of frequent skirmishes. The smugglers usually travelled in the night and went in so large companies and so well armed as to make it very dangerous business for the custom-house offi- cers to interrupt them. Similar disturbances were common all along our northern frontier.
7. About the first of September, 1813, Samuel Beach of Canaan in the northeast corner of the state had a permit from the governor to go into Canada to repair a mill dam. He sent forward his workmen with a team, which was taken from them by John Dennett and others, and driven back. Beach in at- tempting to recover his team was fired upon by Den- nett and killed. Dennett and his associates were ta- ken and confined in jail, from which he escaped in January following to the neighboring forests, where he continued till the next August, when he was re- taken, but not till after he was mortally wounded by his pursuers. It appeared that Dennett resisted and was shot while attempting to kill Mr Morgan, by a Mr. Sperry another of the pursuers.
8. In the summer of 1812 some preparations were made on lake Champlain to oppose the naval force of the British. Nothing, however, occurred on the lake worthy of notice till the 2d of June 1813. On that day the Growler and Eagle sailed from Plattsburgh un- der the command of Lieut Smith in pursuit of some British gun boats which had made their appearance on the lake. On the following morning, when near Canada line, they were led in pursuit of the boats, in- to shoal water near the shore, where the Eagle ground- ed and became unmanageable, and after four hours hard fighting they were obliged to surrender to the British. On the 30th of July, a detachment of the Brit-
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ish about 1400 strong landed at Plattsburgh, where. they destroyed the American barracks, estimated to be worth $25,000, and much other property, both public and private. The public stores having been previous- ly removed to Burlington the enemy proceeded thith- er and fired a few shot upon the town, but as soon as the cannon began to play upon them from the shore they retired.
9. On the 20th of August the Americans had equip- ped a naval force upon lake Champlain consisting of the President, carrying 12 guns, Com. Preble 11, Montgomery, 11, Frances, 6, and two gun boats and six scows carrying one gun each, making in the whole 48 guus. With this force Com. Macdonough sailed from Burlington to the lines in September and offered . battle to the enemy, but they declined and retired in- to Canada. The northen army was assembled at Bur- lington under the command of Gen. Hampton and consisted of about 4000 men. Early in September this army was embarked at Burlington and landed at Cumberland head near Plattsburgh. On the 9th they proceeded to Chazy and attacked the enemy's advan- ed post at Odletown.
10. Finding it impracticable to make his way into Canada by that route, Hampton returned to Cham- plain and took the route to Chataguay, where he ar- rived on the 25th. Col Clark was in the mean time detached and ordered to attack a small British force at St Armand on Mssisco bay. He found the enemy drawn up under Maj. Powel, but wholly unexpecting an attack by land, and, after an action of ten minutes they surrendered themselves prisoners of war. The American force engaged was 102, and the number of prisoners taken and sent to Burlington was 101. Nine of the enemy were killed and 14 wounded. The army under Gen. Hampton engaged with the enemy at Chataguay on the 26th of October, but be- ing unsuccessful and the season far advanced, he soon after returned into winter quarters at Plattsburgh.
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11. A brigade of Vermont militia, which had been drafted into the service of the United States and marched to Plattsburgh, were on the 10th of Novem- ber discharged from service by a proclamation of Governor Chittenden and ordered to return home. To this order the officers of said brigade refused obe- dience and returned a written protest against it. The militia, however, returned before their time of ser- vice expired, and no further notice was taken of the transaction. Commodore Macdonough went into wiu- ter quarters at Orter- creek with his flotilla on the 19th of December. Thus terminated the northern campaign for 1813.
12. In the spring of 1814, the northern army, hav- ing been placed under General Wilkinson, advanced from Plattsburgh along the west side of the lake and entered Canada. After an unsuccessful attack upon the stone mills at La Cole, and some other skirmish- es, in which the Americans lost about 100 in killed and wounded, they found it necessary to retreat. In the mean time Commodore Macdonough was making every effort to get in readiness in Otter creek, a suf ficient naval force to match that of the enemy upon the lake. On the 14th of May the enemy's fleet, con- sisting of a brig, three sloops and 13 gallies passed up the lake and opened a spirited fire upon the bat- tery at the mouth of Otter creek, with a view of forc- ing their way up the creek and destroying the Ameri- can shipping before it should be ready for service. But in this they were unsuccessful. They were re- pulsed by the garrison and Vermont militia, and soon after returned to the northward.
13. About the last of May, Commodore Macdonough entered the lake with his flotilla and proceeded to Plattsburgh, and afterwards advanced nearer the lines, but nothing of consequence occured on the lake till the latter part of the season. About the first of Sep- tember Governor Prevost entered the territory of the United States at the head of 14000 men and advan- 19
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ced towards Plattsburgh, which was garrisoned by only one brigade under General Macomb ; the main northern army having marched to the westward. On the 7th of September the enemy appeared before Plattsburgh, and were employed in getting on their battering train, erecting batteries, and in skirmishes with the Americans, but did not make a general as- sault till the arrival of their flotilla.
14. In the mean time every effort was made to call in the neighboring militia. Expresses were sent into Vermont; and the Green Mountain Boys, without dis- tinction of party, shouldered their guns and hastened forward to repel invasion ; and in the part which they took in the subsequent conflict they nobly sustained their high character for firmness and bravery. The American land force however continued much infe- rior to that of the British. The British force upon the lake was also superior to the American. It was commanded by Commodore Downie and consisted of a frigate of 39 guns, a brig of 16, two sloops of 11 each and 13 gun boats carrying 18 guns, amounting in the whole to 95 guns, and manned by 1050 men. The American force under Commodore Macdonough consisted of the Saratoga of 26 guns, the eagle, of 20, Ticonderoga of 17, the Preble of 7 and 10 gun boats carrying 16 guns, amounting in the whole to 86, and manned by 820 men.
15. As it was generally understood to be the in- tention of the British to make an attack both by land and water at the same time, Commodore Macdonough determined to await the approach of the enemy's squadron at anchor in Plattsburgh bay. Early in the morning of the 11th of September the lookout boat announced the approach of the enemy, and about 9 o'clock they anchored in a line about 300 yards from the American squadron. In this situation the whole force on both sides became engaged. The conflict was exceedingly obstinate ; the enemy fought with great bravery, but the superiority of the American
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