USA > Vermont > Records of the Council of Safety and Governor and Council of the State of Vermont, to which are prefixed the records of the General Conventions from July 1775 to December 1777, Vol. I > Part 12
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SECTION XIV.
To the end that laws, before they are enacted, may be more maturely considered, and the inconveniency of hasty determination as much as
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possible prevented, all bills of public nature, shall be first laid before the Governor and Council, for their perusal and proposals of amendment, and shall be printed for the consideration of the people. before they are read in General Assembly for the last time of debate and amendment ; except tem- porary acts, which, after being laid before the Governor and Council, may (in case of sudden necessity ) be passed into laus ; and no other shall be passed into laws, until the next session of assembly. And for the more perfect satisfaction of the public, the reasons and motives for making such laws, shall be fully and clearly expressed and set forth in their pre- ambles.1
SECTION XV.
The style of the laws of this State shall be,-" Be it enacted, and it is hereby enacted, by the Representatives of the Freemen of the State of Vermont, in General Assembly met, and by the authority of the same."
FECTION XVI.
In order that the Freemen of this State might enjoy the benefit of election, as equally as may be, each town within this State, that consists, or may consist, of eighty taxable inhabitants, within one septenary or
1 It is obvious that, in accordance with this section, the first session of the General Assembly, March 1778, could have passed such public acts only as "the sudden necessity" of the time required. Of these some were temporary, to stand until better considered measures could be adopted. By a vote of the Council of Safety of Jan. 17, 1778, it seems that body performed the functions assigned to it of preparing business for the General Assembly; and by minutes on the journal of the Assem- bly it appears that the first governor and council also prepared a few bills. The journals of the Assembly indicate the following acts of that session :
Act establishing counties each side of the mountain. Bennington and Unity; the latter changed by amendment to Cumberland.
Act providing attorneys for county courts, and fixing fees.
Act fixing places for holding county elections.
Aet of affirmation for Quakers.
Act relating to highways.
Act establishing the common law [of England] in Vermont. Act regulating town meetings.
Act to regulate the catching of fish in White river.
Aet specifying probate districts.
Act authorizing the governor and council to dispose of the estates of tories, and to draw the lines of defense.
Act relating to the militia.
Aets from the Connecticut statutes to punish treason and other atro- cious erimes; and against treacherous conspiracies.
There may have been a few others, probably one on the grand list, of which, however, the minutes in the journal are not detinite. These acts were never printed, and most of them were soon superseded by others. A committee was appointed to make copies for each town in Cumber- land county. Western Vermonters could find the acts at Bennington.
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seven years. next after the establishing this constitution, may hold elec- tions therein, and choose each, two representatives : and each other in- habited town in this State may. in like manner, choose each, one repre- sentative, to represent them in General Assembly, during the said sep- tenary or seven years ; and after that, each inhabited town may, in like manner, hold such election, and choose each, one representative, forever thereafter.
SECTION XVII.
The Supreme Executive Council of this State, shall consist of a Gov- ernor. Lieutenant-Governor. and twelve persons, chosen in the following manner. viz. The Freemen of each town, shall, on the day of election for choosing representatives to attend the General Assembly, bring in their votes for Governor, with his name fairly written. to the constable, who shall seal them up, and write on them, votes for the Governor, and deliver them to the representative chosen to attend the General Assem- bly ; and, at the opening of the General Assembly. there shall be a com- mittee appointed out of the Council, and Assembly, who, after being duly sworn to the faithful discharge of their trust, shall proceed to re- ceive. sort, and count. the votes for the Governor. and declare the person who has the major part of the votes, to be Governor, for the year en- sning. And if there be no choice made, then the Council and General Assembly, by their joint ballot, shall make choice of a Governor.
The Lieutenant Governor and Treasurer, shall be chosen in the man- ner above directed : and each freeman shall give in twelve votes for twelve councillors, in the same manner : and the twelve highest in nom- ination shall serve for the ensning year as Councillors.
The Council' that shall act in the recess of this Convention, shall sup- ply the place of a Council for the next General Assembly, until the new Council be declared chosen. The Council shall meet annually. at the same time and place with the General Assembly : and every member of the Council shall be a Justice of the Peace for the whole State, by virtue of his office.
SECTION XVIII.
The Governor, and in his absence, the Lieutenant or Deputy Gover- nor. with the Council-seven of whom shall be a quorum-shall have power to appoint and commissionate all officers. (except those who are appointed by the General Assembly,) agreeable to this frame of govern- ment. and the laws that may be made hereafter ; and shall supply every vacancy in any office. occasioned by death, resignation, removal or dis- qualification. until the office can be filled, in the time and manner di- rected by law or this constitution. They are to correspond with other States, and transact business with officers of government, civil and mil- itary ; and to prepare such business as may appear to them necessary to lay before the General Assembly. They shall sit as judges to hear and determine on impeachments, taking to their assistance. for advice only, the justices of the supreme court ; and shall have power to grant par- dons, and remit fines, in all cases whatsoever. except cases of impeach- ment, and in cases of treason and murder-shall have power to grant re- prieves, but not to pardon. until the end of the next session of the As- sembly : but there shall be no remission or mitigation of punishment, on impeachment. except by act of legislation. They are also, to take
' Meaning the Council of Safety.
2 Meaning the Supreme Executive Council created by the first clause of this section.
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care that the laws be faithfully executed. They are to expedite the exe- cution of such measures as may be resolved upon by General Assembly : and they may draw upon the Treasurer for such sums as may be appro- priated by the House : they may also lay embargoes. or prohibit the ex- portation of any commodity for any time, not exceeding thirty days, in the recess of the House only : they may grant such licences as shall be directed by law, and shall have power to call together the General As- sembly, when necessary, before the day to which they shall stand ad- journed. The Governor shall be commander in chief of the forces of the State : but shall not command in person. except advised thereto by the Council, and then, only. as long as they shall approve thereof. The Governor and Council shall have a Secretary, and keep fair books of their proceedings, wherein any Councillor may enter his dissent, with his reasons to support it.
SECTION XIX.
All commissions shall be in the name of the freemen of the State of Vermont, sealed with the State seal. signed by the Governor, and in his absence the Lieutenant Governor, and attested by the Secretary; which seal shall be kept by the Council.
SECTION XX.
Every officer of State, whether judicial or executive, shall be liable to be impeached by the General Assembly, either when in office, or after his resignation, or removal for mal-administration. All impeachments shall be before the Governor or Lieutenant Governor and Council. who shall hear and determine the same.
SECTION XXI.
The supreme court, and the several courts of common pleas of this State shall, besides the powers usually exercised by such courts, have the powers of a court of chancery, so far as relates to perpetuating testi- mony, obtaining evidence from places not within this State, and the care of persons and estates of those who are non compotes mentis, and such other powers as may be found necessary by future General Assemblies, not inconsistent with this constitution.
SECTION XXII.
Trials shall be by jury ; and it is recommended to the legislature of this State to provide by law, against every corruption or partiality in the choice, and return, or appointment, of juries.
SECTION XXIII.
All courts shall be open, and justice shall be impartially administered, without corruption or unnecessary delay ; all their officers shall be paid an adequate. but moderate, compensation for their services ; and if any officer shall take greater or other fees than the laws allow him, either di- rectly or indirectly, it shall ever after disqualify him from holding any office in this State.
SECTION XXIV.
All prosecutions shall commence in the name and by the authority of the freemen of the State of Vermont, and all indictments shall conclude with these words, "against the peace and dignity of the same." The style of all process hereafter, in this State, shall be,-The State of Ver- mont.
SECTION XXV.
The person of a debtor, where there is not a strong presumption of fraud, shall not be continued in prison, after delivering up, bona fide, all
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his estate, real and personal, for the use of his creditors, in such man- ner as shall be hereafter regulated by law. All prisoners shall be bail- able by sufficient securities, unless for capital offences, when the proof is evident or presumption great.
SECTION XXVI.
Excessive bail shall not be exacted for bailable offences ; and all fines shall be moderate.
SECTION XXVII.
That the General Assembly, when legally formed, shall appoint times and places for county elections, and at such times and places, the free- men in each county respectively, shall have the liberty of choosing the judges of inferior court of common pleas, sheriff, justices of the peace, and judges of probate, commissioned by the Governor and Council, during good behavior, removable by the General Assembly upon proof of mal-administration.
SECTION XXVIII.
That no person, shall be capable of holding any civil office, in this State, except he has acquired, and maintains a good moral character.
SECTION XXIX.
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 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 bestow, any such rewards to be elected, shall, thereby, be rendered incapable to serve for the ensuing year.
SECTION XXX.
All fines, licence money, fees and forfeitures, shall be paid, according to the direction hereafter to be made by the General Assembly.
SECTION XXXI.
All deeds and conveyances of land shall be recorded in the town clerk's office, in their respective towns.
SECTION XXXII.
The printing presses shall be free to every person who undertakes to examine the proceedings of the legislature, or any part of government.
SECTION XXXIII.
As every freeman, to preserve his independence (if without a suffi- cient estate) ought to have some profession, calling, 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 depend- ence and servility, unbecoming freemen, in the possessors or expectants; faction, contention, corruption and disorder among the people. But if any man is called into public service, to the prejudice of his private af- fairs, he has a right to a reasonable compensation; and whenever an office, through increase of fees, or otherwise, becomes so profitable as to occasion many to apply for it, the profits ought to be lessened by the legislature.
SECTION XXXIV.
The future legislature of this State, shall regulate entails, in such man- ner as to prevent perpetuities.
SECTION XXXV.
To deter more effectually from the commission of crimes, by continued visible punishment of long duration, and to make sanguinary punish-
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ments less necessary; houses ought to be provided for punishing, by hard labor, those who shall be convicted of crimes not capital; wherein the criminal shall be employed for the benefit of the public, or for rep- aration of injuries done to private persons; and all persons, at proper times, should be admitted to see the prisoners at their labor.
SECTION XXXVI.
Every officer, whether judicial, executive or military, in authority un- der this State, shall take the following oath or affirmation of allegiance, and general oath of office, before he enter on the execution of his office. The oath or Affirmation of Allegiance.
1 do solemnly swear by the ever living God, (or affirm in presence of Almighty God,) that I will be true and faithful to the State of Vermont; and that I will not. directly or indirectly, do any act or thing, prejudicial or injurious, to the constitution or government thereof, as established by Convention."
The Oath or Affirmation of Office.
do solemnly swear by the ever living God, (or affirm in presence of Almighty God) that I will faithfully execute the office of - for the of -; and will do equal right and jus- tice to all meu, to the best of my judgment and abilities, according to law."
SECTION XXXVII.
No publie tax, custom or contribution shall be imposed upon, or paid by, the people of this State, except by a law for that purpose; and before any law be made for raising it, the purpose for which any tax is to be raised ought to appear clear to the legislature to be of more service to the community than the money would be, if not collected; which being well observed, taxes can never be burthens.
SECTION XXXVIII.
Every foreigner of good character, who comes to settle in this State, having first taken an oath or affirmation of allegiance to the same, may purchase, or by other just means acquire, hold. and transfer, land or other real estate; and after one years residence, shall be deemed a free denizen thereof and be entitled to all the rights of a natural born subject of this State ; except that he shall not be capable of being elected a rep- resentative, until after two years residence.
SECTION XXXIX.
That the inhabitants of this State, shall have liberty to hunt and fowl, in seasonable times, on the lands they hold, and on other lands (not en- closed ;) and, in like manner, to fish in all boatable and other waters, not private property, under proper regulations, to be hereafter made and pro- vided by the General Assembly.
SECTION XL.
A school or schools shall be established in each town, by the legisla- ture, 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, thereby to enable them to instruct youth at low prices. One gram- mar school in each county. and one university in this State, ought to be established by direction of the General Assembly.
SECTION XLI.
Laws for the encouragement of virtue and prevention of vice and im- morality, shall be made and constantly kept in force ; and provision shall be made for their due execution ; and all religious societies and bodies of
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men, that have or may be hereafter united and incorporated, for the ad- vancement of religion and learning, or for other pious and charitable purposes, shall be encouraged and protected in the enjoyment of the privileges, immunities and estates which they, in justice, ought to enjoy, under such regulations, as the General Assembly of this State shall di- rect.
SECTION XLII.
All field and staff officers, and commissioned officers of the army, and all general officers of the militia, shall be chosen by the General As- sembly.
SECTION XLIII.
The declaration of rights is hereby declared to be a part of the Con- stitution of this State, and ought never to be violated on any pretenee whatsoever.
SECTION XLIV.
In order that the freedom of this Commonwealth may be preserved inviolate, forever, there shall be chosen, by ballot, by the freemen of this State, on the last Wednesday in March, in the year one thousand seven hundred and eighty-five, and on the last Wednesday in March, in every seven years thereafter, thirteen persons, who shall be chosen in the same manner the council is chosen-except they shall not be out of the Coun- cil or General Assembly-to be called the Council of Censors ; who shall meet together, on the first Wednesday of June next ensuing their election; the majority of whom shall be a quorum in every ease, except as to calling a Convention, in which two thirds of the whole number elected shall agree ; and whose duty it shall be to enquire whether the constitution has been preserved inviolate, in every part ; and whether the legislative and executive branches ofgovernment have performed their duty as guardians of the people ; or assumed to themselves, or ex- ereised, other or greater powers, than they are entitled to by the eonsti- tution. They are are also to enquire whether the public taxes have been justly laid and collected, in all parts of this Commonwealth-in what manner the public monies have been disposed of, and whether the laws have been duly executed. For these purposes they shall have power to public censures-to order impeachments, and to recommend to the legis- send for persons, papers and records : they shall have authority to pass lature the repealing such laws as appear to them to have been enacted contrary to the principles of the constitution. These powers they shall continue to have, for and during the space of one year from the day of their election, and no longer. The said Council of Censors shall also have power to eall a Convention, to meet within two years after their sit- ting. if there appears to them an absolute necessity of amending any ar- ticle of this constitution which may be defective-explaining such as may be thought not elearly expressed, and of adding such as are neees- sary for the preservation of the rights and happiness of the people ; but the articles to be amended, and the amendments proposed, and such ar- ticles as are proposed to be added or abolished, shall be promulgated at least six months before the day appointed for the election of such con- vention, for the previous consideration of the people, that they may have an opportunity of instructing their delegates on the subject.
مصر
COUNCIL OF SAFETY OF THE
STATE OF VERMONT.
JULY 8, 1777-MARCH 12, 1778.
9
INTRODUCTION.
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THE first volume in manuscript of the records of the Council of Safety, and of the Governor and Council of the State of Vermont, has the fol- lowing statement prefixed :
The first 20 pages in this Book is left blank for the purpose of Enter- ing the Minutes of the Council of Safety of the State of Vermont from Jannary 1776 [to] the 15th August 1777, during which time Colo Ira Allen was Secretary and has the Minutes of sd Council in his posses- sion.
Certified by
March 18th, 1788.
JOSEPH FAY, Sec'y.
It is evident, therefore, that the official record is imperfect, in that it contains no entry for the period indicated in the above certificate. Fol- lowing the record for Dec. 20, 1777, is the following :
The end of the Proceedings of Couneil as recorded in Book No. 1, en- tered in this book this 22d day of March 1788.,
By order of the Governor and Council,
JOSEPH FAY, Sec'y.
From the number of pages in the copy, " Book No. 1" must have con- tained about one quire of paper, and it is most probable that it was un- bound except by stitching. Books of that sort were probably used for several years. Other evidence is found that the early records of the Council of Safety, of the Conventions, of the Governor and Council, and of the General Assembly, had been loosely kept and were not in a fit state for preservation ; and chief is the following record of a vote of the Governor and Council, June 18, 1778 :
Voted that Doct". Jonas Fay, Colo. Moses Robinson and Captain Ira Allen, Esqrs. be and they are hereby appointed a committee to Inspect into the votes or doings of the several Conventions from [blank for the insertion of dates] Together with the doings of the Council of Safety, the present Council and house of Representatives, and put them in Reg- ular order, and Record them in Books for that purpose.
It will be seen that the official record of the Council of Safety is not a regular journal of daily proceedings, but simply a record of "votes or doings," in resolves, orders, letters, &c., the preservation of which was deemed desirable. It would be impossible to recast the record in the
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form of a journal; but the various proceedings recorded may be pre- sented in chronological order, [they are not so in the official record,] and such aets or letters of the Council as are not recorded, and can be gathered from other sources, may be inserted in the proper places. This has been done, care being taken to note the various papers thus recovered, either by inserting them as notes, or in the appendix, and indicating the source from which they were obtained if inserted in the body of recorded proceedings. The doings of the Council previous to Ang. 15, 1777, of course precede the official record.
POWERS OF THE COUNCIL.
The Council of Safety was appointed July 8, 1777, as a temporary sub- stitute for a state government in time of war. For that purpose its power was, like that of every other State Council, limited only by the exigen- cies of the times. It was also specifically vested, by the Convention which created it, with all the powers of that constitutional body which consisted of the "Governor, Lieutenant Governor, and Council," though of course without the Governor and Lieutenant Governor.1 Its acts and orders for the time being had the force of laws; it was itself the execu- tor of them, or it appointed executors; it exercised judicial powers; it served as a board of war ; it punished public enemies, or reprieved them ; it transacted business civil and military with other States and with Congress ; it prepared business for the first General Assembly ; it was THE STATE.
The special powers conferred upon the Council of Safety by the Con- stitution of July 8, 1777, are as follows :
The Council [of Safety] that shall act in the recess of this Convention, shall supply the place of & Council for the next General Assembly. until the new Council be declared chosen. The Council? shall meet annually, at the same time and place with the General Assembly ; and every mem- ber of the Council shall be a Justice of the Peace for the whole State, by virtue of his office.
SECTION XVIII.
The Governor, and in his absence, the Lieutenant or Deputy Gover- nor, with the Council-seven of whom shall be a quorum-shall have power to appoint and commissionate all officers, (except those who are appointed by the General Assembly,) agreeable to this frame of govern- ment, and the laws that may be made hereafter ; and shall supply every
The President, Vice President, and Secretary of the Council were its executive officers, and, so far as necessary, they performed the same functions as did the Governor, Lieutenant Governor, and Secretary of State, after the organization of the State government under the consti- tution.
2 Meaning the Supreme Executive Council created by the first clause of section seventeen of the Plan or Frame of Government.
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vacancy in any office, occasioned by death, resignation, removal, or dis- qualification. until the office can be filled, in the time and manner direct- ed by law or this constitution. They are to correspond with other States, and transact business with officers of government, civil and military ; and to prepare such business as may appear to them necessary to lay be- fore the Geneaal Assembly. They shall sit as judges to hear and deter- mine on impeachments, taking to their assistance, for advice only, the justices of the supreme court ; and shall have power to grant pardons, and remit fines, in all cases whatsoever, except cases of impeachment, and in cases of treason and murder-shall have power to grant reprieves, but not to pardon, until the end of the next session of the Assembly : but there shall be no remission or mitigation of punishment, on impeach- ments, except by act of legislation. They are also to take care that the laws be faithfully executed. They are to expedite the execution of such measures as may be resolved upon by General Assembly ; and they may draw upon the Treasurer for such sums as may be appropriated by the House : they may also lay embargoes, or prohibit the exportation of any commodity for any time, not exceeding thirty days, in the recess of the House only : they may grant such licences as shall be directed by law, and shall have power to call together the General Assembly, when neces- sary, before the day to which they shall stand adjourned. The Governor shall be commander in chief of the forces of the State : but shall not command in person, except advised thereto by the Council, and then, only as long as they shall approve thereof. The Governor and Council shall have a Secretary, and keep fair books of their proceedings, wherein any Councillor may enter his dissent, with his reasons to support it.
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