USA > Vermont > History of the state of Vermont; for the use of families and schools > Part 17
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BATTLE AT PLATTSBURGH.
gunnery prevailed over the enemy's superior force. After an action of two hours and twenty minutes the fire of the enemy was silenced. and her frigate, brig and two sloops were surrendered to the Americans. Some of their gallies were sunk and the others made their escape. The British lost in this action 8-4 kill- ed and 110 wounded. Amongthe killed were Comnio- dore Downie and three Lieutenants. The American loss was 52 killed and 58 wounded. Among the former were Lieutenants Gamble and Stansbury.
16. The commencement of the naval action seem- ed to be the signal for a general assault by land. The enemy opened their batteries upon the American works and at the same time attempted to cross the Saranac and gain the rear of the Americans. The Americans kept up a destructive fire from their forts and met the enemy at every point with the most de- termined bravery. As soon as it was known that their fleet had surrendered the enemy relinquished all their hopes and began making arrangements for a retreat. During the afternoon and night all the enemy's forces were withdrawn and they retired with such precipitation, and were so closely pursued by the Americans, that they were obliged to leave behind their wounded, and large quantities of provi- sions, amunition and military stores. The whole loss of the enemy upon land, in killed, wounded, pris- oners and deserters, exceeded 2500 men. The aggre- gate loss of the Americans did not exceed 150.
17. After the battle at Plattsburgh nothing further occured upon lake Champlain worthy of notice dur- ing the war. The legislature of Vermont assembled as usual in October, and it again appeared that no governor had been elected by the suffiages of the people. 'The legislature then proceeded to the choice of a governor and Martin Chittenden was elected by a majority of 29 votes. Much complaint having been made because the governor did not order out the militia for the defence of Plattsburgh, instead of call-
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ing upon them as volunteers, he adverted to that sub- ject in his speech by saying, that, as no portion of our militia had been detached by the President for the service of the United States, a call upon our pa- triotic citizens for their voluntary services was, in this case, considered to be the only mode by which effi- cient and timely aid could be afforded.
16. He spoke in the highest term of the officers and men employed in repelling the enemy and in teaching them the " mortifying lesson, that the soil of freedom will not bear the tread of hostile feet with impunity ;" and declared their "achievements were not surpassed in the records of naval and military warfare." But while he acknowledged with gratitude, the interposition of Providence for preventing the de- · signs of the enemy and saving our borders from the desolations of war, he declared that his opinion of the propriety of the war remained unaltered-that he " conscientiously disapproved of it as unnecessary, unwise and hopeless in all its offensive operations." To this speech the house returned a dignified and respectful answer, reciprocating the sentiments of his excellency with regard to the transactions at Plattsburgh, and pledging to him their cordial co- operation in measures calculated to promote the pub- lic good.
17. At this session a resolution was adopted express- ing the thanks of the legislature to General Macomb and his compatriots in arms-to General Strong and the patriotic volunteers from Vermont under his com- mand, and to Commodore Macdonough and the offi- cers and crew of his squadron, in testimony of their high sense of their bravery and good conduct on the memorable 11th of September, 1814, by which the enemy were repulsed by land, and their squadron captured upon the lake. In the further consideration of his services, the legislature passed an act granting to Commodore Macdonough a farm belonging to Ver- mont, and lying upon Cumberland head, and in full
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view of the late naval engagement in which he had acquired so much honor. A communication was re- ceived during this session from the legislature of Mas- sachusetts inviting Vermont to appoint delegates to meet delegates from the other New England States at Hartford, Connecticut, to take into consideration the state of the Union. But, by a vote of the assem- bly, this invitation was unanimously declined.
20. From this period the violence of party spirit in Vermont began rapidly to abate. The invasion of our territory by the fleets and armies of the enemy, had united the feelings of parties in the common defence, and many, who were at first opposed to the war, were now convinced that the good of their country demand- ed the united efforts of all our citizens in prosecuting it to an honorable and successful termination. On the 24th of December, 1814, a treaty of peace was signed at Ghent between Great Britain and America by their respective plenipotentiaries. The tumults of war now ceased-the gloom which overhung our land was dispersed, and all were rejoiced to see our soldiers re- converted into citizens -- our implements of war into instruments of husbandry and to bear the peaceful hum of business instead of the roar of cannon and the trumpet of war.
SECTION IV.
Legislative proceedings from 1814 to the close of the year 1832.
1. Before the meeting of the assembly in 1815, peace had been restored to the country, and many of the causes which had agitated the community had disappeared. The republican party had now gained the ascendency in the state, and Mr Galusha was again elected governor by the people, by a handsome 19*
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majority. The governor's speech contained nothing to revive the violence of party. He alluded to the storm of war which had just passed over their heads and was now succeeded by the calm and sunshine of peace, and then invited the attention of the legisla- ture to the immediate business of the state. Among the acts passed at this session was one granting to a company the exclusive right of navigating lake Champlain by steam for 23 years. This act was af- terwards found to be unconstitutional and void.
2. The spring and summer of 1816, were remark- ably cold. Snow fell to the depth of several inches in all parts of Vermont on the 8th of June, and from the general failure of the crops there was an uncom- mon scarcity of provision. Mr Galusha was this . year re-elected governor, and, in his speech, he cal- led the attention of the legislature to the encourage- ment of manufactures. The customary answer to his excellency's speech this year gave rise to a spirit- ed debate, in which the federal party were treated with great asperity, on account of the vote of the representatives in Congress, from Vermont, who were federalists, by which the pay of the representatives was increased contrary to the wishes of the freemen of Vermont. With this session terminated the prac- tice of returning an answer to the governor's speech, which had, from the first election of Mr Tichenor in 1797, every year consumed much time, and often given rise to the most violent contentions.
3. At the three following elections in 1817, 1818. and 1819, Mr Galusha was successively chesen gov- ernor of the state, and nothing occurred to excite the violence of party, or to interrupt the general prosperity. Bountiful harvests rewarded the toil of the husbandman, and the blessings arising from the diffusion of knowledge, the success of the mechanic arts, and the influence of good government were generally diffused. In 1817, the president of the United States, Mr Monroc, in his tour through the
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middle and eastern states, passed through Vermont, and every where received the respect due to his dignified office, and the gratitude merited by a life devoted to the service of his country.
4. In 1819, the usual business of the legislature was transacted with unanimity, and, among other things, a resolution was adopted approving in the highest terms of the measures and objects of the American Colonization Society. Mr Galusha having signified his intention to retire from public life, the house adopted a respectful address to him on the occasion, in which they say that, "on a re- view of the events of the memorable struggle of our fathers for independence, we find you in early life on the banks of the Walloomsuc, with your patriotic baird teaching them boldly to defend their country. In discharging the duties of councillor, judge and governor, you have ever merited and received the approbation of your fellow citizens."
5. In 1820, Richard Skinner, formerly chief justice of the state, was elected governor. In his speech, he presented a clear view of the evils resulting from the frequent alterations in the public statutes, and he expressed as his opinion, that the present organi- zation of the Vermont judiciary, was calculated for the despatch of business and to prevent the multipli- cation of lawsuits. At this session a resolution was passed remonstrating against the admission of Mis- souri into the union with a constitution legalizing slavery, and the cruel and unnatural traffic in human blood, and instructing their senators and representa- tives in Congress, to exert their influence and use all legal measures to prevent it.
6. In 1821, Mr Skinner was again elected gover- nor. In his speech, the governor informed the as- sembly that he had received communications from Maryland and New Hampshire, respecting the ap- propriation of the public lands belonging to the United States, to the several states for the benefit of
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education, and said that the people of Vermont " could feel no delicacy in making a claim of this kind, for no one of the United States, in proportion to their ability, contributed more to the acquisition of those rights, which were purchased by the toil, distresses and sacrifices of the revolutionary war. Situated on the frontier, they constituted the barrier between the enemy and the confederated states. Not having been acknowledged as a member of the confedera- tion, 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 public debt." In conformity with these suggestions, reso- lutions were passed declaring the right of each of the states to a participation in the benefits of the , public lands and requesting our delegation in Con- gress to use their endeavors to procure the passage of an act appropriating to the use of the state of Vermont, for the purposes of education, such por- tion of the public lands as should be equitable and just.
7. Mr Skinner was again elected governor in 1822. In his speech he called the attention of the legislature particularly to the subject of manufactures. The com- mittee on manufactures to whom this part of his ex- celleney's speech was referred, made a report, in which they say " Vermont can raise as fine wool as any quarter of the globe, and her mountains roll down their thousand streams to aid us in its man- facture. It also abounds in ores, and minerals, and for- ests upon which the industry and ingenuity of our viti- zens might operate to great advantage, could sutti- cient capital be allured to these objects by the pat- ronage of our laws." In compliance with a recom- mendation of the governor an act was passed de- claring all contracts void where interest should be taken, or secured, at a higher rate than six per cent per annum.
8. Mr Skinner having signified his wish no longer
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to be considered a candidate for the office of govern- or, at the meeting of the legislature in 1823, Mr Van Ness was found to be elected in his stead. In his speech he invited the attention of the legislature to the immediate concerns of the state, but was not sen- sible that any material alteration in the laws were at that time demanded. He discouraged all change which was not particularly necessary, as producing uncertainty in law, and thereby occasioning perplex- ing and expensive law suits. An act was passed at this session prohibiting horse-racing, under a penalty of the forfeiture of the horses and money staked ; but few alterations were made in the existing laws.
9. In 1824 Mr Van Ness was re-elected governor without opposition. In compliance with the recom- mendation of the governor, an act was passed at this session, giving the choice of electors of president and vice president to the people by a general ticket. General La Fayette having arrived in this country on the 17th of August, a committee of the legisla- ture reported that "as a nation we owed to him a debt of gratitude, and that Vermont, in common with her sister states, would rejoice in an opportunity of manifesting it." A resolution was accordingly passed requesting the governor, in behalf of the people of this state, to invite General La Fayette to extend, his tour into Vermont and honor its citizens with his presence. On the 4th of July 1825, La Fayette entered Vermont for the first time at Windsor, where he was joyfully received by the governor, and a nu- merous body of citizens assembled to welcome the early benefactor of their country. From Windsor he proceeded by the way of Montpelier to Burling- ton, and was everywhere received with the warmest affection and gratitude, and with the most enthusi- astic demonstrations of admiration and applause.
10. Mr. Van Ness was again chosen governor in 1825, and in his communication to the assembly he invited their attention particularly to the subject of
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internal improvements. A board of canal commis- sioners was appointed and five hundred dollars were appropriated to defray their expenses. It was made the duty of these commissioners to assist any en- gineers, who might be employed by the general gov- ernment to ascertain the most practicable routes for canals within this state. The great objects contem- plated were, the improvement of the navigation of Connecticut river and the connexion of that river with lake Champlain and lake Memphremagog by means of canals. The law setting forth the prin- ciples upon which the grand list for the assessment of taxes in this state, shall be made out, was repeal- ed at this session, and a new law upon this subject enacted. By this act it is provided that there shall be an appraisal of real estate once in 5 years, and that it shall be set in the list at the rate of four per cent for buildings and village lots and six per cent for other real estate, on its appraised value, and to this the rates of personal property are calculated to correspond.
11. Mr Van Ness having signified his wish no lon- ger to receive the suffrages of his fellow citizens, Mr Butler was, in 1826, elected governor of the state. In his speech he called the attention of the assembly to the subject of lotteries and the sale of lottery tick- ets in this state. In consideration of which, an act was passed, prohibiting the sale of tickets without a licence under the penalty of a heavy fine. Mr But- ler was again elected governor in 1827. He now invited the attention of the legislature to the existing laws on the subject of education, and recommended the appointment, in each town or county, of commis- sioners for the examination of teachers and for the general superintendence of schools. In consequence of these suggestions, a general plan of education was adopted, designed for the improvement of schools and for producing uniformity in the methods of in- struction. It provided that a superintending commit-
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tee should be appointed annually in each town, and that no teachers should be employed in the public schools, who had not been examined by said com- mittee, and who had not received from them a cer- tificate of their qualifications for teaching. It also provided for the appointment of five school com- missioners, whose business it should be to have a general supervision of the business of education in the state, procure and circulate information on the subject, recommend suitable books to be used in schools, ascertain if any alteration in the law be necessary, and make an annual report to the legisla- ture.
12. In 1828, Mr Crafts was elected governor. In his speech he congratulated his fellow citizens upon the' unrivalled prosperity of the country-declared their advance in population and resources to be un - precedented in the history of man-and the means of happiness within their power to be more abundant than ever fell to the lot of any other people. 'The legislature this year passed a resolution requiring their senators and representatives in Congress to use all justifiable meaus to procure the passage of an act granting pensions to all American citizens with- out regard to their present circumstances, who serv- ed during the war of the revolution. In 1829, Mr Crafts was again chosen governor by the votes of the freemen. Among the subjects which came be- fore the assembly was a resolution of the legislature of South Carolina, declaring that Congress had no constitutional power to lay duties on imports for the encouragement of domestic manufactures, or for internal improvements ; and also communications from Georgia, Virginia and Missouri, sanctioning the same principles. The legislature disposed of this matter by resolving that they would not concur with the South Carolina resolution.
13. As already observed, on the return of peace in 1815, party spirit rapidly subsided, and for rever-
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al years a remarkable unanimity of sentiment with regard to men and measures prevailed. After the election of Mr Adams to the presidency in 1825, an organized opposition was formed to his administra- tion by the friends of the rival candidates, who suc- ceeded in 1829, in elevating General Jackson to that office in opposition to the incumbent. These two great divisions of the people, were founded chiefly in a preference of particularmen, and not in a difference of political principles. The abduction of William Morgan in 1826, for divulging the se- crets of masonry, gave rise to another party, founded in opposition to the principles of masonry, and which is hence called the anti-masonic party. And thinking it to be the most effectual way to put down an institution, which they believe to be dan- gerous to community, they have made it a part of their political creed that no adhering mason shall receive their support for office.
14. This party was not distinctly organized in Ver- mout till the year 1:29. In 1830, it was found that three candidates for governor had been supported and that no election had been made by the people. Mr Crafts, the national republican and masonic candidate, received 13486 votes, Mr Palmer the anti-masonic candidate had 10925 and Mr Meech, the administration candidate, had 6285. The choice devolving upon the legislature, after 32 ballottings, Mr Crafts was elected by a small majority. The abolition of imprisonment for debt had in former years frequently engaged the attention of the legislature and, in his speech, the gov- ernor again invited attention to the subject. After much debate a law was passed declaring that on all judgments obtained upon debts contracted after the 1st day of January, 1831, the debtor may within two hours after the rendition of such judgment, before a court of justice submit himself to an examinaton on oath by such court or creditor, or his attorney, touching his situation, circumstances, or property, and may be en-
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titled to the benefit of the oath, which shall be admin- istered to such debtor by said court of justice, and a record made thereof, and no execution shall be is- sucd thereon.
15. In 1831, cach of the three parties supported its candidate for governor, in consequence of which, no election was made by the people. The choice again devolving upon the legislature, Mr Palmer, the antimasonic candidate, was elected at the ninth bal- lotting by a majority of one vote. In his speech he says that "the general condition of our country is that of peace, prosperity and happiness. Compared with any other people we have the most abundant cause for grateful acknowledgment to the Author of all. good that our lot has been cast here." After ma- king the customary appointments of civil officers, the house proceeded with diligence in discharge of their remaining duties. Few subjects of general interest were brought up, and most of the acts passed this session were of a local or private nature. Among the bills passed was one taxing foreign bank stock, one incorporating the Bennington and Brattleborough rail road company and one incorporating the Rutland and Whitehall rail road company. Several new banks were also granted.
16. In 1832, there was again no election of gov- ernor, by the people, and at the 43d ballotting, Mr Pahner was re-elected by the legislature. In com- pliance with the suggestions in the governor's mes- sage, a law was passed at this session for regulating and governing the militia and resolutions were adopt- ed, approving of the existing tariff law of Congress, of appropriations for internal improvement, and of re- chartering the bank of the United States. A bill was also passed providing for the erection of a new state house in. Montpelier and appropriating $30,000 for that purpose, the people of Montpelier pledging theni- selves to pay one half that sum into the State treasury.
17. We have now brought down our sketch of the 20
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legislative proceeding in Vermont to the present time. We are aware that it is too brief to be fully satisfac- tory ; and, in our selection from the mass of materials, we are not sure that we have always taken those things, which are most interesting and valuable. A lack of room, on account of the prescribed limits of our volume, must be our excuse for brevity, and a lack of judgment and leisure for research, for the in- judicious selection of materials. The deficiencies of our narrative will, however, we trust, be made up in a ood degree by the following summaries and tables.
SECTION V.
The Frame of Government-Legislative Power-Ex- ecutive Power-Council of Censors-Judiciary-Laws -- Education-Diseases, &c.
1. Vermont declared her independence and her right to organize a government of her own on the 15th of January, 1777. On the 2d of July following a convention of delegates from the several towns met at Windsor and adopted the first constitution. This constitution was revised by the same conven- tion in the following December, and went into ef- fect without ever being submitted to the people for their ratification. The constitution was again revis- ed in 1786, and in 1792, and was adopted in its pres- ent form by a convention, assembled at Windsor, on the 4th of July, 1793. The following are the most important provisions of this instrument.
2. The supreme Legislative power is vested in a House of Representatives, chosen annually by the freemen, on the first Tuesday of September. Each organized town has a right to choose one representa- tivo. The representatives meet on the 2d Thursday
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of the October succeeding their clection, and are styled " THE GENERAL ASSEMBLY OF THE STATE OF VERMONT." They have power to choose their own officers ; to sit on their own adjournments ; prepare bills and enact them into laws; they may expel members, but not for causes known to their constitu- ents antecedent to their election; impeach state criminals ; grant charters of incorporation; consti- tute towns, boroughs, cities,uand counties. In con- junction with the council, they are annually to elect judges of the supreme, county and probate courts, sheriffs and justices of the peace, and also, as often as there shall be occasion, elect major generals and brigadier generals. The General Assembly have all the powers necessary for the legislature of a free and sovereign state ; but can neither add to, alter, abolish or infringe any part of the constitution.
3. The supreme Executive power is vested in a governor, lieutenant governor, and a council of twelve persons, who are also chosen annually by the freemen on the first Tuesday of September, and meet with the general assembly in October. They are to commission all officers ; prepare and lay be- fore the assembly such business as shall appear to them necessary ; sit as judges to hear and determine on impeachments. They have power to grant par- dons and remit fines, except in cases of treason and murder, in which they have power to grant reprieves, but not pardon, till after the next session of the leg- islature ; and in cases of impeachment, in which there is no remission, or mitigation, of punishment,
but by act of legislation. In the recess of the house of representatives, they may lay embargoes, or prohibit exportation for any time not exceeding 30 days, and may call a special meeting of the gen- cral assembly, whenever they shall deem it necessa- ry. The governor is captain-general and command- er in chief of all the forces of the state, but cannot command in person unless advised thereto by the
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