USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 55
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It is, Gentlemen. expected that the general government will direct all the important operations of the war, and provide means of defence in the several parts of the Union. But situated as this state is, contigu- ous to the populous settlements of the enemy and exposed to the whole military force in Lower Canada, I should be deficient in my duty if I did not recommend to you in the most pressing manner, by every mean in your power to put this state in the best possible posture of defence; to have the militia properly equipped, ready to take the field, and provide for their speedy and effectual movement to any place of danger whenever occasion requires. The militia law will need a thor- ough revision, and many additions to render it efficient for the exigen- cies of war. A committee was appointed at our last session for that purpose, and I trust a report will be seasonably made, that there may be a full investigation of the system. The promptitude with which the detached militia, in most of the towns, have marched to the defence of the frontier, has exceeded my highest expectations. Such a patriotic and military ardor pervades the state, that many thousands of the in- habitants, who were by law exempt from military duty, have enrolled themselves, elected their officers, and tendered their services to support
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the laws and government of their country, suppress insurrections and repel invasions.
As soon as war became certain, I represented the exposed situation of our northern frontiers and the general destitution of arms for the use of the militia, to the Secretary of War, and received information from him that one thousand stand of arms would be delivered to my order at Springfield, Massachusetts, conformably to a law of the United States of the 23d day of April 1808, for arming the whole body of militia, which arms are to be distributed to the militia, under such rules and regulations as shall be by law prescribed by the legislature of cach state and terri- tory. I have since received similar orders for fifteen hundred stands in addition on the same condition. It is requisite therefore that a law should be passed for the purpose of distributing them.
The whole of said arms have been, by the Commissary of Military Stores, transported to Bennington, and, from the necessity of the case, I have directed a portion of them to be deposited with the general offi- cers in the northern part of the state, to be used by the militia in case of emergency; and, from like necessity, some have been delivered to the officers of the detached militia, for the use of those soldiers now in service who were destitute; a particular statement of which will be submitted to you, or such committee as may be appointed on the subject of a distribution. I sincerely regret that I am under the necessity to in- form you that the arms already obtained fall far short of the real defi- ciency; and I do earnestly recommend that some measure be adopted that arms may be provided and brought into the state, to be sold to such of the militia as are able to equip themselves, and to furnish such as are not, when called into the service; and that a sufficient quantity of am- munition, tents and camp equippage be provided and constantly kept in readiness for use. After war was declared, the pressing calls from al- most every town near the northern limits of this state, to be protected or furnished with the means of defence, were such as rendered it expe- dient for me to convene the Executive Council, to deliberate and advise on the best measures to be pursued under existing circumstances, which measures I entertain no doubt but you will approve, and make appro- priation for the expence; as also for the transporting the arms, and some other incidental expences, which could not be foreseen and provi- ded for at the last session.
It will, Gentlemen, be necessary that a law be passed directing the mode for clecting Representatives to represent this State in the Con- gress of the United States. I am officially informed that this state will be entitled to six representatives in Congress from and after the third day of March next.
The time for which the Hon. Stephen R. Bradley was elected a Sena- tor from this State in the Senate of the United States will end with the third day of March next. It therefore becomes the duty of the Legis- lature to elect a Senator to supply said vacancy for six years next fol- lowing the said third day of March. It will also be necessary for you to direct the manner in which the electors of President and Vice Pres- ident of the United States shall be appointed for the ensuing presiden- tial election, and fix the place for the meeting of the electors.
The last Wednesday of March next being the day appointed by the Constitution for the choice of a Council of Censors, it will be expedient that a law to regulate the choice of said Council be passed in an early part of the session, that it may be seasonably promulgated for the in- formation of the people.
The state of our finances is among the first objects that claim your
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attention. The most favorable means ought to be resorted to to replen- ish the Treasury with a medium that will answer all the public purposes of the state, and secure its credit on a basis that cannot easily be shaken.
Although the pressure of business at the present session will scarcely allow you time to deliberate on all the various subjects of legislation, yet the improvement in manufacturing is an object of so great utility aad so immediately connected with our true interest and complete inde- pendence, that it cannot fail to meet the approbation and fostering care of every wise and prudent legislator.
May the importance of the business now before us, and the solemn consideration that the fate not only of the present generation, but of unborn millions, depends on the events of the present time, excite us to an assiduous and zealous attention to our respective duties, and inspire us with confidence and union among ourselves, and a firm reliance on that Omnipotent Being who sways the sceptre of the Universe, and directs the destinies of nations, to crown our joint labors with abundant success. JONAS GALUSIIA.
Montpelier Oct. 9th, 1812.
Nathaniel Niles, William A. Palmer, Titus Hutchinson, Charles Rich, and Heman Allen of Colchester, were the committee to report an. an- swer. Their report was eminently partizan, and was adopted by a vote of 112 to SI. - See printed Assembly Journal of 1812, pp. 142, 151; and for views of the Federalists as to the war, see the same, p. 178.
APPENDIX B.
AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES.
PROPOSITION TO EXCLUDE SLAVES IN THE APPORTIONMENT OF REP- RESENTATIVES IN CONGRESS.
From printed Vermont Assembly Journal of Oct. 15, 1804: RUTLAND, 13th Oct. 1804.
To the Hon. the Speaker of the House of the House of Representatives:
Sir,-Herewith I transmit for the consideration of the Honorable House, certain Resolutions of the Legislature of the Commonwealth of Massachusetts, referred to in my Address to the two Houses of this day.1 With due consideration and respect, I am yours,
ISAAC TICHENOR.
Caleb Strong to Isaac Tichenor. BOSTON, June 22d, 1S04.
Sir,-The Legislature of this Commonwealth have requested me to inform your Excellency of their doings, which are stated in the inclosed Resolutions, and request that similar measures may be adopted in the State of Vermont. I have the honor to be, Sir, with great respect, your Excellency's most obedient servant. CALEB STRONG.
His Excellency the Governor.
COMMONWEALTH OF MASSACIIUSETTS. IN THE HOUSE OF REPRE- SENTATIVES, June 16, 1804.
Whereas by the Constitution of the United States it is provided, that Representatives shall be appointed [apportioned] among the several states, according to their respective numbers, which shall be determined, by adding to the whole number of free persons, including those bound to service for a term of years, and excluding Indians not taxed, three fifths of all other persons; and further, that for the choice of the Presi- dent and Vice President of the United States, each state shall appoint a number of Electors equal to the whole number of Senators and Rep- resentatives to which the State may be entitled in the Congress:
And whereas the said provisions were so manifestly unequal, at the time the Constitution was formed, that they could have resulted only from the spirit of conciliation and compromise, which influenced the
' See ante, p. 388.
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Eastern States; because in consequence thereof, a representation of the states is produced, unjust and injurious in its operation, both as it re- gards the number of free inhabitants in the several states, and their property; as in a State where the slavery of man is established by law, the slaves have no voice in the Elections-but a planter possessing fifty slaves may be considered as having thirty votes, while a farmer in Mas- sachusetts, having equal or greater property, is confined to a single vote:
And whereas the effect of these provisions has been rendered more unequal and injurious by the course of events since the Constitution was established, by an augmentation of the number of slaves in the Southern States, and also by an increase of personal property in the eastern states, arising from the commercial spirit of the inhabitants:
And whereas the said provisions have been rendered more injurious, by important political changes, introduced during the present adminis- tration, in the purchase of Louisiana, an extensive Country, which will require great numbers of slaves for its cultivation, and when admitted into the Union, agreeably to the cession, will contribute, by the number of its slaves, to destroy the real influence of the Eastern States in the National Government; and also in the original mode of electing the President of the United States, whereby, in the appointment of that important Magistrate, the right of the small States, (among which are most of the Eastern States,) where there are few or no slaves, is greatly diminished:
And whereas in the apportionment of the direct taxes, the only com- pensation proposed by the Constitution, to the States not holding slaves, for the aforesaid unequal principle in representation, is now merely nominal, as the National Revenues are principally derived from com- mercial imposts, the present administration having repealed the excise laws, which operated in some measure, by a tax on luxuries, to equalize among the several States the contributions to the public burthens; and having also recently assessed additional millions on commerce, of which the Eastern States must pay much more than their due proportion, so that instead of contributing less than their proportionate share of public expense, as was contemplated by the Constitution, as a counterpart to unequal representation, they contribte more:
And whereas a union of the States, a measure so important in its con- sequences, cannot harmoniously exist, for a long period, unless it be founded on principles which shall secure to all Free Citizens equal polit- ical rights and privileges in the Government, so that a minority of Free Citizens may not govern a majority, an event which, on the prin- ciples of representation now established, has already happened, and may always happen.
Therefore, to preserve the Union of the States, upon sound and just principles, and to establish a foundation for general harmony and confi- dence among all the Citizens of the United States, by securing to them now, and at all future periods, equal political rights and privileges:
Resolved, That the Senators of this Commonwealth in the Congress of the United States be, and they are hereby instructed, to take all proper and legal measures to obtain an amendment of the Constitution of the United States, so that the Representatives be apportioned among the several States according to the numbers of their Free Inhabitants re- spectively, and for this purpose, that they endeavor to obtain a Resolu- tion of two thirds of both Houses of Congress, proposing such amend- ment to the Legislatures of the several States in the Union.
And be it further Resolved, That His Excellency the Governor be re-
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quested to transmit to each of the said Senators an attested copy of this Resolution.
And it is hereby further Resolved, That His Excellency the Governor be requested to inform the Chief Magistrates of the several States of the doings of the Legislature of this Commonwealth, and request them to adopt the same measures.
Sent up for concurrence.
H. G. OTIS, Speaker.
IN SENATE, June 20, 1804. Read and concurred.
D. COBB, President.
A true Copy, Attest, JOIIN AVERY, Secretary.
Oct. 18 1804, the foregoing resolutions were considered by the Assem- bly in committee of the whole, and the report was adverse. After de- bate on the report in the House, the question of acceptance was post- poned to the 25th, when, " after a lengthy discussion of the subject," the report was accepted, yeas 106 to nays 76. In the Presidential elec- tion of 1800, Mr. Jefferson received 73 votes, 53 of which were from the slave states; and John Adams received 65 votes, 53 of which were from the free states: so Mr. Jefferson's votes were mainly from the slave, and those of Mr. Adams from the free states. This fact was adverted to in the preamble to the resolution adopted by Massachusetts, which was then a Federal State. That both the Jeffersonians and the Federalists in the legislature treated this as a party question, is evident from the yeas and nays. Among those who favored the adverse report of the committee were the following prominent Jeffersonians : William C. Bradley, Ezra Butler, James Fisk, Titus Hutchinson, Aaron Leland, Henry Olin, Mark Richards, Charles Rich, and Samuel Shaw, all of whom but two became Congressmen; while among the nay's were prominent Federalists, to wit, Jedediah P. Buckingham, Daniel Chipman, Arad Hunt, Wm. C. IIarrington, Asa Lyon, and Solomon Wright. On the next day, James Fisk, Titus Hutchinson, and Charles Rich were ap- pointed to draft a message or reply to Governor Tichenor on the sub- ject, and on the second of November they reported as follows:
Sir,-The resolutions transmitted by the Governor of Massachusetts, and which accompanied your message of October 13th, 1804, have re- ceived from this House that consideration which the importance of the subject requires.
We do not consider the provisions of the present constitution so unequal as supposed by said resolutions; nor do we consider those pro- visions to have been rendered more injurious . by any political changes introduced during the present administration.
The amendment proposed, as we conceive, would materially affect a part of the federal constitution which was in fact the result of a spirit of compromise, and which guarantees to some of the States in the Union, a right, which to them is sacred; a right, in consideration of which, mutual benefits are secured to us. For although the duties arising from imports are sufficient to meet the exigencies of government, while we enjoy the calm sunshine of peace; yet, should the United States at any time be involved in war, (which is no uncommon fate of nations,) very important would be the power, and very necessary the use of direct taxation. And in such an event, we should highly appreciate the mode
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of apportioning the expences among the several States, established by our present Constitution.
Again, we apprehend that the amendment proposed would have a tendency to destroy, rather than confirm, that union among the several States, so essential to our national prosperity.
We therefore cannot recommend the measure proposed by said Reso- lution.
This paper was adopted by a party vote-105 to 65, and it was ordered that the Speaker sign the same, and that Titus Hutchinson deliver it, with the resolutions of Massachusetts, to Gov. Tichenor.1 Dec. 19 1804, Kentucky dissented from the proposal of Massachusetts for reasons which were fully set forth .- See printed Vermont Assembly Journal of 1805, p. 16.
PROPOSED AMENDMENT TO PREVENT THE FURTHER IMPORTATION OF SLAVES.2
J. Turner to Isaac Tichenor.
NORTH CAROLINA, Raleigh, Sth January, 1805.
Sir .- The legislature of this State have requested me to transmit to your Excellency the annexed resolution, proposing an amendment to the federal constitution, with a request that the same may be laid before the legislature of Vermont for their concurrence and adoption. I have the honor to be, Sir, with great respect, your Excellency's most obedi- ent servant. J. TURNER.
His Excellency the Governor of Vermont.
NORTII CAROLINA, IN SENATE, November 23, 1804.
Resolved, That our Senators in the Congress of the United States be instructed, and our Representatives requested, to take all legal and nec- essary steps, [and] to use their exertions, as soon as the same is practi- cable, to obtain an amendment to the Federal Constitution, so as to authorize and empower the Congress of the United States to pass a law, whenever they may deem it expedient, to prevent the further importa- tion of slaves, or people of colour, from any of the West India Islands, from the coast of Africa, or elsewhere, into the United States, or any part thereof.
Resolved further, That the Governor be, and he is hereby requested to transmit copies of the foregoing resolution to our Senators and Repre- sentatives in Congress; also to the executives of all the different States in the Union, with a request that the same may be laid before their re- spective legislatures, for their concurrence and adoption.
JO: RIDDICK, S. S.
By order, M. STOKES, Clerk.
IN HOUSE OF COMMONS, 14th December, 1804. Read and concurred with. S. CABARRUS, S. H. C.
By order, J. HUNT, Clerk.
I hereby certify the foregoing to be a true copy from the original. M. STOKES, Clerk of the Senate.
1 Printed Assembly Journal of 1804, pp. 84, 88, 159-161, 168, 266-269.
2 Sec ante, p. 390.
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Appendix B.
Accompanying the foregoing was a resolution of the Legislature of Massachusetts, concurring with the proposition of North Carolina. This afforded the Jeffersonians an opportunity to put themselves on the record in respect to slavery, and disarm any criticism of their action in the previous year in rejecting the amendment to the constitution pro- posed by Massachusetts, so far as it touched slavery. In answer to the speech of Gov. Tichenor, they united with the Federalists in saying:
The amendment proposed by North Carolina, and adopted by Massa- chusetts, for putting a stop to the importation of slaves into the United States, shall be duly attended to. Universal freedom is one of those funda- mental principles of our political institutions which are engraven on the mind and live in the affections of every true American. And although our country is already infested with slavery, the toleration of which might seem to contravene the general system of our policy, we trust that the humanity and justice of our country will prevent the increase of the deprecated evil, and arrest, as soon as possible, that execrable traffic in human flesh.
Oct. 17 1805, Lewis R. Morris (Fed.) introduced resolutions concur- ring with the amendment proposed by North Carolina, which were adopted by common consent, and were concurred in by the Governor and Council on the 19th.1
PROPOSED AMENDMENT TO LIMIT THE JURISDICTION OF THE FED- ERAL COURTS.
Oct. 12 1805, Gov. Tichenor transmitted to the Speaker of the House resolutions of Kentucky proposing to amend the Constitution of the United States so as to exclude the Federal Courts from jurisdiction in the cases named in the last four clauses of Sec. II of Article III, to wit: " between a State and citizens of another State; between citizens of different States; between citizens of the same State claiming lands under grants of different States; and between a State, or the citizens thereof, and foreign States, citizens or subjects." The Governor also transmitted resolutions of Pennsylvania of March 20 1805, which con- curred with the proposal of Kentucky. The position of Kentucky tow- ards Virginia had been very much the same as that of Vermont towards New York previous to the settlement of the controversy in 1790-dis- tant from the seat of government and the courts of last resort, and with many conflicting claims to land to be legally seitled. The condition of the two States was very much the same in 1805. The legislators of Vermont therefore well understood the grievance of Kentucky, and sym- pathized with her people; nevertheless, Oct. 22, on motion of Charles Rich, out of abundant caution, the subject was referred to the next session.2
1 Printed Assembly Journal of 1805, pp. 19, 20, 35, 54.
2 Printed Assembly Journal of 1805, pp. 14, 18, 78.
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Oct. 11 1806, the proposition of Kentucky was made the special order for consideration in committee of the whole house, and "after some time spent in debate," it was recommended to the House to concur in the proposition. This report was accepted, 148 to 34, and Charles Rich, Daniel Buck, and Titus Hutchinson were appointed to draft resolutions of concurrence. Of the lawyers, in the affirmative were William C. Bradley, Daniel Buck, Titus Hutchinson, and Abel Spencer; and in the negative William Baxter, Nathaniel Chipman, and Daniel Chipman. Nov. 3 the committee reported the following:
Whereas his Excellency the Governor of this State did, on the 12th day of October 1805, communicate to the Speaker of the House of Rep- resentatives of this State, for the consideration of said House, certain resolutions of the General Assembly of the State of Kentucky, which resolutions were in the words following, viz.
" Whereas, owing to the manner of appropriating lands on the west- ern waters, adopted by the State of Virginia, previous to the erection of the State of Kentucky into an independent State, 1 there are many con- flicting claims to land, and the titles to real property in this State are thereby rendered precarious and unsettled; and inasmuch as many claims to lands in this commonwealth are held by non-residents who have it in their election to have their suits tried in the State court or the court of the United States, which gives the non-residents a decided advantage. the resident having no such election; this advantage is more manifest, when it is considered that different principles of decision may be established by those different tribunals, and the non-resident has it in his power to resort to that court where former decisions favor his particular case, and this is not the only inconvenience which the citizens of this commonwealth are subject to; in consequence of our peculiar state, the artful and wealthy land claimant, who is an inhabitant of this State, by a transfer of his title to a non-resident, may give jurisdic- tion to the court of the United States, and thereby put it out of the power of his indigent opponent to pursue or support his claim with suc- cess; this is sufficiently evident when we recollect the great distance at which many of our citizens live from the district court of the United States for the Kentucky district, and their inability to prosecute an ap- peal to the Federal City :
" And whereas serious and alarming consequences may arise, from contradictory adjudications in the supreme federal court and the court of appeals in this State; and whereas the judiciary of each individual State ought to be considered as best qualified to decide upon the laws enacted by the legislature of that State, more especially when the sub- ject to be adjudicated on is of such a nature as to require an intimate knowledge of the history of that State, and the particular mode of ac- quiring that property which is the subject of dispute:
" Resolved therefore, That the Senators in Congress from this State be, and they are hereby instructed, and our Representatives in Congress are also requested, to use their best endeavors to procure such an amendment to the constitution of the United States as will contine the judiciary power of the courts of the United States to cases in law and equity arising under the constitution and laws of the United States, and treaties made or which shall be made under their authority; cases
'In 1790. The acts of Virginia and New York, consenting to the in- dependence of Kentucky and Vermont, were nearly contemporaneous.
27
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affecting ambassadors, other public ministers and consuls; cases of ad- miralty and maritime jurisdiction; controversies to which the United States shall be a party; and controversies between two or more States.
" Resolved also, That the Governor be, and he is hereby requested to forward the foregoing resolution to each of the Senators and Represent- atives from this State in the Congress of the United States; also to the executive of each State in the Union, that the same may be laid before their several Legislatures, with a request for their co-operation in pro- curing the said amendment."
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