USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 53
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Gentlemen of the legislature, our duty as legislators is to provide wholesome laws for the promotion of virtue, happiness, and prosperity among the people over whom the laws are to operate. The end of all government is to teach each individual of the community the necessity of self-goverument. When we reflect on the extensive influence of laws in moulding and forming the manners, the habits and virtues of a peo- ple-that their influence, as in the present case, is to extend over little less than two hundred thousand people, the business of legislation swells to a prodigious magnitude, and creates in our minds enthusiastic expec- tations from its good effects. On the contrary, when we look over the history of Nations and their Governments; [and learn] how by their virtues, at one period, and by their good management, they have risen to high degrees of eminence; at others, by their corruption, venality and abuse of power have again sunk into the vortex of despotism; and that this has been the fate of all governments which have preceded ours, we are left in despondency at the wretched contemplation. May we not however flatter ourselves that these evils have arisen in a great measure from the circumstance of irresponsibility with which the powers of gov-
1 " Entrusted to the supreme executive " in the printed speech.
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ernment have heretofore been intrusted to men. In all governments which have heretofore existed, the powers of government have been exercised by men, not in the right of community, but in the right of themselves. Is it wonderful then, that the laws, instead of being calcu- lated to promote the general welfare, should be wrested to the purposes of individual aggrandizement. Our government is happily organized in a manner in which the duty and interest of the law-giver is very in- timately connected and blended with the rights and interests of the com- munity; and under such circumstances of responsibility for the exercise of his power, as compels him to feel less the sympathies of the rulers than the sympthies of the ruled. It would seem, from the correct prin- ciples of our government, that nothing but an uncommon degree of ignorance and depravity could ever induce those who are employed in making and executing the laws to depart from or be forgetful of the rights and interests of community. May we not flatter ourselves that there are such degrees of light and information, in relation to the sci- ence of government, diffused among the people, as will defeat if not pre- vent every attempt upon their supposed ignorance and credulity.
Gentlemen, that we may be in some measure instrumental in promot- ing, for ourselves and our constituents, the blessings of a good govern- ment, let us keep up that watchfulness over the conduct of rulers, which is calculated to teach them a just responsibility in their stations; exer- cising all that indulgence towards honest difference of opinion which the full and complete enjoyment of all the blessings of a free government renders necessary. May we in our respective stations during the pres- ent session, and the period for which we are elected, be directed to the ISRAEL SMITH. 1 adoption of the wisest and best measures for the promotion of the pub- lic happiness.
William C. Bradley, William A. Griswold, and Charles Rich (all polit- ical friends of the governor) were appointed to draft an answer. This paper, which was doubtless drawn by Mr. Bradley, was highly compli- mentary to the governor, personally and politically, and pledged careful attention to his recommendations .- See printed Assembly Journal for 1807, p. 45.
SPEECH OF GOV. TICHENOR-1808.2
Gentlemen of the Council, and Gentlemen of the House of Representa- tives,-With diffidence and solicitude I accept the invitation of the citi- zens of Vermont again to assume the office of their first magistrate. The experience which I have already had of its relations and difficul- ties, and the perplexed and critical state of our public affairs, cannot but suggest considerations of caution and anxiety in entering upon the office and assuming the responsibility attached to so important a sta- tion: believing at the same time, that every power which a man pos- sesses ought to be devoted to the interests of his country. I shall enter upon a service from which experience has shown that no man can hope to retire wholly free from censure.
1 There are several variations in the manuscript and printed copies of this speech, some of which doubtless are errors of the Secretary of the Council, and others changes made in the copy for the printer.
2 Printed Assembly Journal of 1808, p. 16.
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The business which our constituents have constitutionally assigned to their General Assembly, embracing the civil and political interests of the State, is the great object which will necessarily engage your attention. It cannot be concealed but that these have been considerably affected by a late law of the United States and the measures pursued to enforce it. Among a people accustomed to honest industry, and under a govern- ment which had permitted them freely to dispose of the fruit of their labor, as a natural and unalienable right, it was to be feared there might exist a strong disposition to evade its restrictions. Nothing but an appeal to their patriotism, and a strong conviction of the utility of the measure, could enforce obedience to a law which in its operation blighted the best hopes of the laborer and destroyed every incentive to useful and honorable enterprize. While therefore we regret the stain upon the character of a respectable portion of our citizens, in conse- quence of the conduct of a few, who had violated a law of the general government, suspending our commerce by an embargo without limita- tion, we sincerely regret that the law was not accompanied with that evidence of national necessity or utility which at once would have com- manded obedience and respect. We also must as sincerely deplore that, instead of an application in the first instance to the civil authority, it was deemed necessary to have recourse to military aid: and feeling, in common with my fellow citizens, the evils which result from that law, I cannot but hope that the wisdom of the national legislature will induce an early repeal of the same. If however this should not be deemed wise or expedient, I must strongly enjoin the necessity of a quiet submission to the privations and inconveniences that may be experienced, until we are relieved in a constitutional way. Nothing could be more erroneous, dangerous, and inconsistent with republican principles, than an avowed or hostile opposition to the law. Our duty and our interest as citizens are undoubtedly to obey the laws of our country, and to avoid and discountenance every measure that tends to impair the majesty of the laws, the authority. of the government, or the sacred regard which is due to the federal constitution. 1
To enact wise and just laws, and to elect able and faithful magistrates, are among the most important articles of the business that will demand your attention. Whenever justice is duly administered, and the laws faithfully executed, the public opinion will receive its proper direction, and the public mind will be composed. In addition to the customary appointments of civil officers for the ensuing year, it will be our duty to elect a Senator to represent this State in the Congress of the United States, and to appoint Electors of a President and Vice President of the United States. There can be no time in which the appointment of civil officers is not a matter of the highest consequence and of sacred importance. But, if ever there was a period that demanded the united wisdom and virtue of the legislature, that period has come. Your duty to yourselves, and to your country, now calls you to lay aside every party consideration, and exert all your wisdom and all your virtue, in the discharge of this duty. Under these impressions, I trust you will, with the most impartial and serious solicitude, enquire for the greatest abilities and virtues, and endeavor to establish and place them in office. The most likely way to benefit and save your country, is to give to wisdom and virtue the pre-eminence and direction in your civil councils and public offices.
'Gov. Tichenor alludes to the embargo and the opposition to it, and evasion of it by smugglers, particularly in the portion of northwestern Vermont bordering on Lake Champlain. See Appendix H.
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It was the sentiment and doctrine of the father of our country, that the best way to preserve peace was always to be prepared for war. The advice of the venerable Washington, respecting the constant arrange- ment of the militia, has received additional weight in this State, from the calls that have been made on this class of our citizens to appear in the support of the civil law and power. The promptitude, fidelity and discretion with which they discharged their duty, was honorable to themselves and reputable to the State. At a time when our foreign relations are marked with uncertainty and danger, can we do better than to review this subject, and make it a matter of impartial enquiry, what further measures may be of use to improve the militia of this commonwealth. Human wisdom has not discovered any way to avoid the danger and expence of a standing army, but by giving discipline, activity, and legal direction to the militia of a country.
Among the advantages and virtues of a republican government, econ- omy has always been considered as one of the most natural and useful. You are fully sensible that this should extend to all the branches and articles of revenue and expenditure; and the more critical and minute your attention shall be, on this subject, the better you will discharge your duty to your constituents. Besides the annual income and expen- ces of the State, it may be of use to enquire into the advantages and emoluments that have accrued to the State from the several banks that have been established by the legislature.1 When the policy, the opera- tions and benefits attending these institutions are fully understood, you will be able to determine with more certainty whether they require any and what alterations or encouragements.
The State Prison, ordered to be erected by the last General Assem- bly, is a matter of much importance to the State.' It will probably be a benefit to this institution and to the government, to enquire into the state of the buildings, the proceedings of the committee, and the expen- ditures of money appropriated to that object.
In addition to the ordinary business that may come before you, it may be expedient to revise our criminal code of laws, especially an act enti- tled an act for the punishment of high crimes and misdemeanors, and so to vary the modes and degrees of punishment of certain crimes and misdemeanors, as to carry into complete effect the humane and benevo- lent intentions of the legislature in establishing the State's Prison.
It has been considered the duty of the executive to lay before the leg- islature, at their annual session, all communications from the general and state governments, which may affect us, with regard to our internal economy, or our relative connection with the federal union. Such com- munications, at this eventful crisis, might perhaps be expected, not only as important in themselves, but as necessary to aid you in your legisla- tive deliberations. But the absence of my predecessor in office, and the circumstance of having received no documents from him, must be my apology for silence on the subject.
I shall co-operate with you, gentlemen, in all councils and measures which can, in any way, be promotive of the true interest of our country, and humbly rely upon a superintending providence that all our honest endeavors for the public good may be crowned with success.
ISAAC TICHENOR.
Oct. 17, 1808, Charles Rich, William Baxter, and Cyrus Ware (the second being the only Federalist) were appointed to draft an answer to the speech. While the Federalists had succeeded in electing the Gov-
1 Vermont State Bank, consisting of four branches.
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ernor and a majority of the Council, the Jeffersonians had a majority of sixteen in the House, and their committee improved the opportunity, which the answer afforded, to express their sentiments on the embargo. This constitutes the largest part of the answer, which was adopted by a party vote, 105 to 88, one Federalist being absent. The following ex- tract shows how far the Jeffersonians differed from the governor:
While with you we regret that the character of any of our citizens should be stained by the conduct of a few avaricious, self-interested, and designing men, we still more regret, that neither the conduct of bellig- erent Europe from the year 1793 to 1808, by their infringements of neu- tral commerce, the impressment and murder of our scamen, nor the united patriotism of Americans, could induce a strict observance of a law on which depended the honor, independence, and tranquility of the American nation: and which was wisely laid without limitations, by which foreign nations were taught that the repeal of the law depended on the removal of the causes which, produced it. We cannot but con- sider the law alluded to as necessarily inflicting on our country severe privations, while the measures employed to enforce it cannot fail to cre- ate considerable expence, yet we feel a dignified pleasure that this, the only practicable measure that could have averted the dangers and horrors of a war with one or more of the contending nations of Europe, has been patiently submitted to by every well informed and well disposed citizen, and that the great body of our fellow citizens of this and the United States unite with us, as well in our consolations and pleasures, as in our unavoidable privations. Under these impressions we cannot but deeply lament, that among the people of our own country, generally accustomed to honor industry, and blessed with a government which, as long as prudence and safety dictated, had permitted them freely to vend the fruits of their labor and honest enterprise for their own com- fort and emolument, there should any be found so destitute of patriot- ism as to attempt, for the acquisition of wealth or some more reprehen- sible object, not only by fraud but in open defiance to the laws, to defeat their wholesome provisions, or by their treasonable opposition to the government of their choice, deprive their dutiful brethren of life and expose themselves to an ignominious and untimely death. It is also to be lamented that such a contempt for the civil authority should be man- ifested as to render a resort to military force necessary.
When the answer was considered in the House, David Edmond of Vergennes moved a substitute for the foregoing, in which the duty of obeying the law was declared, coupled with a declaration that " we can- not but however believe that the safety and interest of our country will permit the early repeal of a law so severe in its operation; but should we be disappointed in our expectation of this, we will unite with you, Sir, in enjoining upon all classes of society a quiet submission to every privation and inconvenience until constitutional relief is obtained." This was rejected, and the answer adopted; whereupon eighty-four members of the House, headed by Nathaniel Chipman, entered on the journal their reasons for dissenting from the answer.1
IPrinted Assem. Journal of 1808, pp. 21, 76, 80, 113. DAVID EDMOND, a native of Ancient Woodbury, Conn., was graduated (probably at Yale college) in 1796. He came to Vermont about the year 1800, and repre-
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SPEECH OF GOV. GALUSHA - 1809.
Gentlemen of the Council, and gentlemen of the House of Representa- tives,-Invited by the suffrages of a free and virtuous people, to accept the office of chief magistrate of the State, I cannot, I ought not to be insensible of the importance [of the duties] as well as the difficulties which devolve upon me, in the acceptance of so great a trust, and the high responsibility I am under to discharge those duties with faithfulness and impartiality, and in such manner as shall tend to promote the best in- terest and general happiness of the citizens of this state; having at all times in view our intimate connection with the general government of the Union.
Educated a plain farmer, and consequently destitute of those literary attainments which by many are esteemed so requisite to the due dis- charge of official duties, I enter upon a scene of new duties with pecul- iar diffidence. But relying upon honest intentions, on a habitual zeal for the public good, upon your wisdom in the great business of legisla- tion, and above all, upon that Providence which has hitherto supported and protected me, I have concluded to accept the appointment.
Under these impressions, I shall, gentlemen, endeavor, so far as my abilities will admit, to discharge the duties of my office with integrity and faithfulness, and hope to meet the approbation of a virtuous and discerning people.
It has, gentlemen, fallen to our lot, to be entrusted with the concerns of this State at a period the most critical; at a time when two of the greatest Powers of Europe are agitated with all the dreadful passions incident to a state of war; who, regardless of the rights of neutrals and the laws of nations, have interdicted the commerce of the United States, by embarrassing it with exactions, hitherto unheard of; which, if sub- mitted to by the general government, would be to surrender one of our great national rights, and virtually our national independence.
Notwithstanding the most promising measures have been pursued by the administration of the general government, to remove those embar- rassments without resorting to arms, as yet they have proved unavailing; and what appears to me still more alarming, is that at a time when all the talents, the wisdom and energies of the States ought to be united, and pledged to support the honor, the interest and the independence of the nation, we find that a spirit of discord and disunion, hostile to our happiness, safety and national union, has been cherished by numbers of the misguided citizens of the United States; which has had a great ten- dency to weaken the hands of government, and prevent the effects of those wise measures, adopted by the general government to maintain our national, and particularly our commercial rights; and what has
sented Vergennes in the General Assembly in 1808, '09, '13 until '16, and again in 1817 and '21, and in the Constitutional Convention of 1814. He was a member of the Council of Censors in 1813, and State's Attor- ney for Addison County in 1808, '09, '13, '14, and '19 until 1824, in which year it is presumed he died, as in the Vermont Register for 1825 his name did not appear among the list of attorneys. One of his daughters was living, a few years ago, in Washington city, and another in Virginia. The late Gen. Ezekiel P. Walton told the writer of this note that Mr. Edmond was the most eloquent speaker he ever heard .- Cothren's An- cient Woodbury; and Deming's Catalogue.
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probably prevented our obtaining redress for injuries already suffered, and emboldened the belligerent powers to continue their wanton ag- gressions, and to insult us with delusive terms of adjustment.
With these views, I cannot too strongly recommend to you to adopt such measures as will have the most direct tendency to conciliate the affections of the people, and to unite them in their great national interests: and I can with pleasure announce to you, that so far as my information extends, the spirit of opposition to the measures of the administration of the United States, is greatly ameliorated; and a con- cern for our own national honor, interest and independence, is becoming rapidly prevalent, while the apprehension of a separation of the Union, and the visionary scheme of relying upon a foreign power for the pro- tection of our commerce, is daily vanishing; and I trust will be remem- bered but with gratitude to Heaven that we have escaped the snares of foreign emissaries and domestic traitors to distract and divide us; and I hope the period is not far distant, when the citizens of the union will lay aside all party feelings and become united like a band of brothers, in support of the best government on earth. But while I recommend to you, in the strongest terms, cheerfully to submit to, and as a member of the union, to carry into effect such measures as have been or may be adopted by the United States, for the preservation or defence of our national rights; at the same time permit me to remind you, that you are the guardians of those rights & powers, that are not delegated by the constitution of the United States, but are reserved to their respec- tive states or to the people; for on the careful attention to, and preser- vation of those rights & powers, depends the political safety of the indi- vidual States.
Gentlemen, I shall not now attempt a labored detail of the important business which will probably demand your attention, the present session; but shall merely notice a few subjects, and make further communications as occasion may require.
The state bank is a subject which will deserve your attention. The failure of private banks in the vicinity of this state; the rejecting our bills by the law of one state; and the policy or caprice of others, has embarrassed our mercantile intercourse with the adjoining states. The measures to be pursued to meet or remove the impediments to a friendly trading intercourse with our sister states, which certainly is to be greatly desired, I leave to your consideration. The subject is too important for me to liazard a sudden and undigested opinion upon. It will be remem- bered by many that I was not among those that favored the instituting of country banks; but it is apparent that the establishment of a public bank in this state, has saved many of our citizens from great losses and probably some from total ruin: for it is obvious that bnt for this estab- lishment, in lieu of our own Vermont bank bills, our citizens would, on the late bankruptcies, have been possessed of large sums of the depreci- ated paper of the failing private banks. If the president and directors of the state bank have the year past encountered some difficulties, occasioned by the intrigues of unprincipled speculators, and the alarm occasioned by the failure of so many private banks, I think no appre- hensions can be justly entertained that any holders of our bills will eventually suffer from an institution which is, and, I trust, will be supported by the honor, and guaranteed by the wealth of the state. For my own part, I consider the holders of our bills perfectly secure; and as every person in the state has an interest in the avails of the bank, they will the more cheerfully acquiesce in any prudent measure you may devise, to give it support.
The state prison, I understand, is now nearly completed, and has for 26
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some time been in such readiness as to receive prisoners. All the con- victs, that have been sentenced to hard labor, and have not escaped from the county goals, or their terms of confinement expired, have been sent to the state prison, under warrants from the judges of the supreme court, as soon as information was received that the prison was prepared to receive them; and together with those who have been convicted since, have commenced their labors.
It may be proper, at this session, to inquire into the expenditures of the money already appropriated to the erection of that building, and to find if any other appropriation is necessary to complete it, and what further legislative aid is necessary to give to this humane and beneficial institution, its desired effect.
As it is the great object of legislation to promote the highest happiness of the people, I presume s ou will never lose sight of the two most impor- tant interests of this state, the agricultural and manufacturing. Whether any thing can be done for the encouragement of the latter, during the .continuation of the embarrassments on commerce, will be a subject worthy of your consideration.
As a well armed and disciplined militia is the great and natural safeguard of a republican government, you will do well to inquire what further regulations and provisions are necessary in that department, to render it serviceable in times of danger.
Sundry official papers have been delivered to me by my respected predecessor in office, which I have not had time to peruse, but whichi I shall make the subject of a future message.
Gentlemen, I shall cheerfully co-operate with you in every measure that you in your wisdom may adopt, for the well being and happiness of the citizens of this state, and for the true interests of our common country. Relying on that Almighty Being who never errs, and from whom we have received so many and so signal favors, for direction and support, I commend you to the duties assigned you, and may your vir- tuous and patriotic labors be crowned with abundant success.
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