USA > Vermont > Records of the Governor and Council of the State of Vermont, Vol. V > Part 61
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of returning patriotism and of union has lately dawned upon us, from which we anticipate the most happy effects, both at home and abroad.
The embarrassed state of our foreign relations has been and still is pro- ductive of the most serious evils to the commercial and agricultural in- terests of this country. The belligerent powers of Europe, under a color of retaliating upon one another, have issued and enforced orders and decrees aimed at the entire destruction of our lawful commerce, the in- sulting pretensions and injurious effects of which too plainly shew that lawless plunder, stimulated by unprincipled avarice and a thirst for universal dominion, are the governing objects.
The visionary blockade of almost a whole continent, the order forbid- ding neutrals to trade from one port to another of an enemy, the de- struction of our vessels on the high seas by fire, and the total interdic- tion of our lawful commerce, except on the conditions of tribute and submission to the mandates of a foreign power, are hostile to the spirit, and opposed to every ingenuous and patriotic feeling which inspires a nation of freemen. Yet these are not all, nor even the greatest injuries we have received. Orders have been issued apparently designed to ex- cite our citizens to insurrection, and acts of disobedience to the govern- ment and laws of this country. Our seamen, not only on the common highway of nations, but also in sight of our own shores, after long and dangerous voyages, and in momentary expectation of treading their native soil among their families and friends, have been impressed, torn from everything they held dear, and forced into an ignominious servi- tude on board of foreign ships of war.
Our territorial jurisdiction has been violated, the hospitality of our ports and harbors abused, our citizens murdered whilst in the peaceable pursuit of domestic concerns, our national flag insulted, the blood of our seamen wantonly shed, and the perpetrators of these horrible acts have been secured and protected from punishment by mock trials, or in some instances by an exemption from trial; and as a further reward for such deeds, have enjoyed the smiles and received the promotions from that very government under whose authority they acted, while it hypocriti- cally pretended to disavow the deed; nor has any reparation been yet tendered, except on terms more humiliating than the outrages them- selves. And while they adhere to the tenor of their proclamation of the 16th day of October, 1807, little hopes are entertained that they will be disposed to enter into suitable arrangements to redress such aggra- vated evils.
These accumulated injuries and unprovoked aggressions upon national rights are not however without their beneficial effects, for they have at last awakened the great majority of the American people to a just sense of their true interests, and excited a laudable spirit of ambition through- out the Union to promote the establishment of domestic manufactures and other internal improvements, which under the fostering care and guardianship of an enlightened government will in the end render us in a great measure independent of the old world.
The people of Vermont, though almost wholly devoted to agricultural pursuits, during our late and present commercial embarrassments felt a common interest with her sister States, and have long and anxiously waited in the hope that the strict and impartial neutrality maintained by the general government towards all nations, the just and reasonable offers of accommodation it has repeatedly made, would have before this brought the offending nations to a sense of justice, and created a dispo- sition to restore to us the peaceable enjoyment of our national rights; but in this they have been disappointed, and with extreme concern be- hold the most friendly, just and pacific overtures treated with silent
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contempt by one nation, and by another with what (if possible) is still worse, faithless, delusive propositions and arrangements, calculated solely to weaken the hands of government and to defeat those wise pre- cautionary measures adopted to obtain a redress of wrongs.
Surely there is a point among nations as well as individuals, beyond which longer forbearance would become criminal, and honorable and manly resistance our indispensable dnty; and we view the freedom of commerce upon the ocean, when pursued conformable to the established law of nations, the restoration of our impressed seamen, exemption and security against further impressment, among those rights which ought not to be surrendered but with our national existence.
While impressed with these weighty considerations, we can discover no just cause for despondency or alarm, and we are strengthened in this opinion from the pleasing reflection that the path of our present politi- cal pilot is lighted by the most illustrious examples of virtue and patri- otism which have gone before him, and that the same principles which inspired the sages and heroes of the revolution will continue to guide the policy of our present administration; and if honorable adjustments can- not be made, however reluctant we may be to hazard our fortunes upon the warring elements, yet rather than relinquish any of our sacred rights, or should justice be longer unreasonably denied us, we confi- dently assure you, that we will rally round the standard of government, cheerfully obey the first call of our Country, and unite with them in the last solemn appeal to nations, relying and trusting in that Almighty Being who directs and controls the destinies of the world, to guide us to a favorable issue.
DUDLEY CHASE, Speaker of the House of Representatives.1
Reply of President Madison.2
To the General Assembly of the State of Vermont .- I have received the address of the General Assembly transmitted to me on the 15th ult. with the impressions which ought to be made by the sentiments ex- pressed in it.
Conscious as I am, how much I owe the high trust with which I am invested, to a partiality in my fellow citizens which overrated my quali- fications, I am compelled to mingle my regret that these are not more adequate, with the gratification afforded by the confidence of so respect- able a body; and by the tribute which is so justly paid to the success of my illustrious predecessor, under the blessing of Divine Providence in preserving our nation from the wars by which Europe has been so long and so dreadfully afflicted.
Such, nevertheless, has been the extraordinary character of those wars, that it was not possible for the councils of our government, how- ever prudent and pacific, to avoid a participation in the injuries which have been extended to those not parties to them. The United States still experience these unprovoked aggressions; and with the recent ad- dition of circumstances admonishing them to be prepared against more hostile fruits of the reigning policy.
In this conjuncture, it is to be lamented, that any difference of opin- ion should prevail, with respect to the measures best suited to it, and more particularly, that any measures actually adopted should have been op- posed in modes calculated to embolden foreign hopes and experiment,
1 Printed Assembly Journal of 1809, pp. 42, 68, 96.
' Vermont Centinel of Feb. 16, 1810.
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by presenting appearances of internal divisions and weakness. The full strength of every nation requires an union of its citizens. To a government like ours, this truth is peculiarly applicable. If its impor- tance has not heretofore been sufficiently felt on occasions which seemed to demand it, we shall not, I trust, be disappointed of the satisfaction promised by the dawn of a more universal support of the constituted authorities, in the measures for maintaining the national honor and rights.
In this view, the sentiments which animate the Legislature of Ver- mont are entitled to the warmest commendation ; which I sincerely tender, with assurances of my friendly respects and high consideration. JAMES MADISON.
The Hon. Dudley Chase, Speaker of the House of Representatives of Vermont.
Washington, Dec. 26, 1809.
DECLARATION OF THE LEGISLATURE TO PRESIDENT MADISON-1812.
Oct. 13 1812, Charles Rich 1 of Shoreham, introduced into the House the following resolution:
We the representatives of the people of Vermont, believing that in times like these in which we now live, it is both proper and necessary that our sentiments should be known to our sister states and the gene- ral government, do hereby adopt the following resolution:
1 CHARLES RICH, son of Thomas Rich, was born in Warwick, Mass., Sept. 13 1771, came to Shoreham in 1787, having made the journey on foot. At the age of twenty he was married, and house-keeping was commenced with "one cow, one pair of two-year-old steers, six sheep, one bed, and a few articles of household furniture, all of which were valued at sixty-six dollars, and about forty-five acres of land, given him by his father and valued at two hundred dollars." From this modest beginning, by industry, integrity, and prudence he became a wealthy man. But he was most widely known as a valuable servant of the public, and he became such from even a smaller capital than that which was the foundation of his wealth. He attended school only three months, at the age of fifteen, but he was studious in all his leisure hours, early habituated himself to the habit of writing his thoughts, and culti- vated his taste by reading Addison's Spectator, of which he was very fond. Thus self-schooled, he became speedily known as a man of much more than ordinary intelligence, and was often called upon to deliver fourth of July orations. At twenty-nine he was elected town repre- sentative, and received twelve elections to that office; he was a delegate in the Constitutional Convention of 1814; one of the judges of Addison County Court for six years; and elected a representative in Congress five terms, 1813-15, and 1817-25, but died Oct. 16 1824, before his last term had expired .- History of the town of Shoreham; Deming's Cata- logue; and Vermont Legislative Directory, 1876-77.
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Resolved, That the constituted authorities of our country having de- clared war between the United States and Great Britain and her depen- dencies, it is our duty as citizens to support the measure, otherwise we should identify ourselves with the enemy with no other distinction than that of locality. We therefore pledge ourselves to each other, and to our government, that with our individual exertions, our examples, and influ- ence, we will support our government and country in the present con- test, and rely on the Great Arbiter of Events for a favorable result.
The Federalists disliked the form of this resolution, and Daniel Chip- man moved the following as a substitute:
We the representatives of the people of Vermont, believing the pres- ent crisis to be such that our sentiments ought to be distinctly known both to our sister states, the general government, and the world, do therefore adopt the following resolution:
Resolved, That the constituted anthorities of our country having de- clared war against the united kingdoms of Great Britain and Ireland, and her dependencies, whatever may be our opinions as to the wisdom and expediency of the measure, it is our duty, as good citizens, to sub- mit, to support our own government at every hazard, to obey the con- stitutional calls of our country, and to rely on the great arbiter of events for a favorable result.
This was rejected, 129 to 80. Joel Green of Brandon then submitted a similar substitute, omitting " whatever may be our opinions," &c., which was also rejected, 130 to 73, when Mr. Rich's resolution was adopted, 128 to 79. The Governor and Council having concurred in the original resolution, it was resolved that Mr. Rich request his excellency the Governor to forward a copy of the resolution to the President of the United States. For reasons of the dissenters to the resolution of Mr. Rich, see printed Assembly Journal of 1812, p. 178.
Nov. 2 1812, Amos W. Barnum of Vergennes introduced a resolution on the same subject, and on the next day Henry Olin of Leicester moved the following substitute, which was adopted, 116 to 40:
Resolved, That this assembly have the fullest confidence that the con- stituted authorities will at all times be anxious to bring the said war to a close, when it can be done consistently with the honor and interest of our country.
2. Resolved, That although this assembly deem it their duty to give to the general government every aid in their power in the prosecution of the present just and necessary war, yet they will with pleasure hail the happy day when the war shall be brought to an honorable conclu- sion.1
1 Printed Assembly Journal of 1812, pp. 39, 50, 51, 102, 175, 179.
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APPENDIX G.
THE STATE-PRISON.
Sec. thirty-five of chapter two of the first constitution was as follows:
To deter more effectually from the commission of crimes, by contin- ued visible punishment of long duration, and to make sanguinary pun- ishments 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 re- paration of injuries done to private persons; and all persons, at proper times, should be admitted to see the prisoners at their labor.1
Nevertheless, for more than thirty years, and until the State-Prison was put in operation in 1809, nothing corresponding to this section was done except to provide in certain cases that persons might be " disposed of to service." In the mean time the punishments of criminals were whipping, confinement in the stocks, branding, confiscation of property, banishment, and fines followed by imprisonment in the common jails for non-payment .? The principal reasons which occasioned this long delay were doubtless the inexpediency of incurring a large expenditure while the population of the State was sparse and unable to bear a heavy tax, and the difficulty of finding a location where remunerative labor could be expected. The subject was frequently considered, however, from 1793 until 1803, when Gov. Tichenor presented strong reasons for a State-Prison, which resulted in an act, passed at the adjourned session, Jan. 31 1804, " appointing a committee to receive proposals for building a Work-House." 3 Oct. 17 1804, in the Assembly,
See Vol. I, p. 101.
2 Vermont State Papers, pp. 290, 291, 300, 331, 357, 454, and other acts prescribing punishments.
8 Vol. IV, pp. 45, 51, 97, 261, 294, 372, 523; and Laws of Feb. session 1804, p. 7. For the committee appointed by this act, see ante, p. 425.
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Appendix G.
A communication was received from Gamaliel Painter, Esq. enclos- ing proposals from Robert Torrence, jun. for erecting a State-Prison at Middlebury, with a plan of said prison; the proposals were read, and on motion referred to a committee consisting of a member from each county, to join such committee as the Council may appoint. Members chosen, Messrs. Shumway [John of Dorset,] Aiken [John of London- derry.] E. Porter [Ezekiel of Rutland, ] W. Perry [William of Hartford,] Buckingham [Jedediah P. of Thetford,] E. Butler [Ezra of Waterbury,] Chipman [Daniel of Middlebury,] Motlit [Joseph of Danville,] Pome- roy [Seth of St. Albans,] Stanley [Timothy of Greensborough, ] and D. Dana [Daniel of Guildhall. ] Proposals from Thomas D. Road [Rood] Esq. for building a State-Prison at Jericho, were read, and referred to the same committee.1
Lieut. Gov. Brigham and Mr. Wheelock were joined from the Coun- cil, and Oct. 22 the committee reported as follows:
To the Honorable General Assembly now sitting .- Your committee, to whom were referred the several proposals for building a Work-House, or State-Prison, Report, That having taken into consideration the said proposals, and particularly the several places proposed, are of the opin- ion, that a preference ought to be given to the town of Middlebury, on account of its being more central, and for that in such a village as that of Middlebury, the prisoners may be more easily guarded, more safely kept, and more conveniently supported; raw materials may be furnished them with less expence, and the manufactured articles more readily dis- posed of. The plan accompanying the proposals from Middlebury we have also examined, and believe that it will be advisable to erect one upon that plan, with some alterations, tending to lessen the expence, without rendering it less convenient and safe.
Your committee further report, that, in order to prevent that incon- venience which frequently arises from making of contracts by govern- mental agents, a committee, consisting of two persons, be chosen, and directed to repair to Middlebury, as soon as may be, with directions to procure a suitable quantity of ground on which to erect said prison, to examine the materials, conveniences, and the expense of erecting said prison, and to receive proposals for building the same, and to report to this House their doing, as soon as may be.
PAUL BRIGHAM, for Committee.
Oct. 24, this report was rejected,? and the matter was continued as un- finished business through the sessions of 1805 and '6.
At the session of 1807, Gov. Israel Smith strongly urged a compliance with the provision of the constitution on this subject; 3 and on motion of Elihu Luce of Hartland a committee of one from each county was appointed " to take into consideration all bills, plans, proposals, and
1 The act of Jan. 31 1804 required the committee to report in writing all proposals received. The above references to proposals from Middle- bury and Jericho are all that appear in the journal of the House. Mid- dlebury proposed to give the land and erect the buildings for nine per ยท cent. of $40,000 payable semi-annually for ten years, or on $30,000 for thirteen years .- See Vermont Centinel of Sept. 2 1808.
2 Printed Assembly Journal, Oct. Session 1804, pp. 79, 125, 147.
8 See ante, p. 394.
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other papers relating to a State-Prison, which have been referred from the last session of the legislature;" and Messrs. Shumway [John of Dor- set,] Fletcher [Samuel of Townshend,] P. Smith [Pliny of Orwell,] Hunter [William of Windsor, ] Olin [ Henry of Leicester, ] Chase ['Dudley of Randolph. ] Putnam [Seth of Middlesex,] Ware [Cyrus of Montpelier,] Hubbard [Samuel of Huntsburgh, now Franklin,] Olds [Jesse of Crafts- bury, ] Ingham [Micajah of Canaan,] and T. Allen [Timothy of South Hero,] were appointed. The results were "An act to provide for the building of a State-Prison," which was passed without a division, and " An act assessing a tax of one cent on each acre of land in this State for the purpose of defraying the expense of erecting a State-Prison." 1 The last was passed by a vote of 121 to 40.2 The first named act was as follows:
AN ACT providing for the building of a State's Prison.
SEC. 1. It is hereby enacted by the General Assembly of the State of Vermont, That a board of commissioners, consisting of five suitable per- sons, to be chosen during the present session of the legislature, by a joint ballot of both houses, be appointed for the purpose of erecting and finishing a State's Prison, within and for the State of Vermont.
SEC. 2. And it is hereby further enacted, That the said commissioners, before they enter upon the discharge of the duties enjoined on them by this act, shall give bonds with sufficient sureties, in the sum of sixty thousand dollars, to the treasurer of this State, for the faithful perform- ance of such duties. And said commissioners shall be, and they hereby are fully authorized and empowered to determine and fix on the place where the said prison shall be erected, and also to determine on the plan and fashion of the same, according as a majority of said commission- ers, considering local, pecuniary and other advantages, may judge will most conduce to the convenience and interest of this State.
SEC. 3. And it is hereby further enacted, That said commissioners shall be, and they are hereby fully authorized and empowered to pur- chase or otherwise obtain all necessary conveyances to this State of such lands as may be proper for the use and purposes aforesaid, and to con- tract for; purchase and provide all the materials and provisions neces- sary to the finishing and completing said prison. And they are hereby further directed to take the earliest and most speedy measures to obtain suitable proposals for the furnishing of materials and labor necessary to carry into effect the object of this act as soon as may be consistent with the true interest of this State.
SEC. 4. And it is hereby further enacted, That the said commissioners, a majority of whom shall, in all their transactions, constitute a quorum, shall be and they hereby are authorized to appoint one or more agent or agents, from among themselves or otherwise, for whose fidelity and
1 On a previous occasion the same tax had been laid to pay the expenses of the State government, which by many was regarded as in a degree unjust to non-resident owners of land in the State. They were also taxed for the construction and maintenance of roads and bridges.
Printed Assembly Journal of 1807, pp. 22, 217.
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economy said commissioners shall be responsible, whose duty it shall be, from time to time, to superintend and inspect the work of said prison, and to see that the same be well and faithfully donc, and the several contracts with said commissioners are punctually fulfilled. And said commissioners are empowered to take bonds, with sureties, of such agent or agents, for the due discharge of their undertakings.
SEC. 5. And it is hereby further enacted, That said commissioners be and they hereby are empowered to appoint a clerk of their board, (for whose fidelity they shall be responsible, and of whom they may also re- quire bonds,) and by such clerk to draw orders, from time to time, on the treasurer of the State, for any sums which may have been expended or contracted for by them, for the purpose aforesaid; and they are hereby directed to keep a fair account of all and every of their expenditures, and be in readiness to exhibit the same at any time when legally called on for that purpose. Provided nevertheless, and it is hereby further en- acted, That said commissioners shall not exceed, in the expenditures in building said prison, the sum of thirty thousand dollars.
Passed Nov. 3, 1807.
A true copy.
Attest,
THOMAS LEVERETT, Sec'y. 1
Pursuant to the preceding act, Ezra Butler of Waterbury, Samuel Shaw of Castleton. John Cameron of Ryegate, Josiah Wright of Pow- nal, and Elihu Luce of Hartland were appointed commissioners,? who proceeded at once to the execution of their duties, and at the session of 1808 a committee of the House submitted a report, from which the fol- lowing is taken:
The commissioners appointed at the last session of the general assem- bly, to fix upon and designate the place, and to superintend the build- ing of said prison, [selected a place] at Windsor, situate nearly opposite the house of Stephen Jacob esq. That previous to building said prison, the inhabitants of said Windsor procured to be deeded to the State one acre of land, free of expence, and obligated themselves to procure to be drawn for the use of said building, five thousand tons of stone, on the place where said building is erected, free of expence, and to procure to be drawn the residue of the stone necessary to complete said building and yard, at the rate of sixty cents per ton, and to have the privilege of taking a sufficient quantity of stone from the mountain (which is about three miles distant from the prison,3) free of expence to the state. And that the commissioners, in addition to the one acre of land gratuitously given as aforesaid, have purchased, for the use and benefit of the state, nearly four acres of land adjoining, at the price of one hundred and fifty dollars per acre.
The dimensions of said building, which is designed for the prison and cells, is eighty-five feet in length, thirty-six feet in breadth, three stories in height, all built with hewn stone, and is calculated to contain in all the cells one hundred and seventy prisoners with convenience. That the keeper's house adjoining said prison is built of brick, except the basement story, which is built of stone and designed for a room to vict-
1 Printed Laws of 1807, pp. 94, 189.
2 Printed Assembly Journal of 1807, p. 236.
$ Ascutney mountain.
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ual the prisoners in, and is forty-two feet in length, twenty-four feet in breadth, and four stories in height. The land adjoining said prison, and where the wall is intended to be built, is sixteen rods in length and twelve rods in breadth, within which the work-shops are intended to be built. 1
In 1809, the further sum of five thousand dollars was appropriated for the prison, and a committee was appointed to settle the accounts of the commissioners.2 In 1810, the committee reported that a further appro- priation of $3,733.48 should be made, making the cost of the prison $39,312.78; and the appropriation was made.3
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