USA > Vermont > The history of Vermont; with descriptions, physical and topographical > Part 7
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But this period of uncertainty and fluctuation was a school in which to acquire political knowledge ; and to make proficiency in the science of man and of human government. It led the people to a thorough acquaint- ance with the early settlement of the country. They had motives for examining the records of grants by the crown of England to the colonies, and to individual proprietors. To examine the foundation of their own claims and those of their opponents, to the lands in question, they had the strongest inducements. To study the rights of man, and the principles of civil liberty; and the different forms of government, their peculiar circumstances particularly called them. They have proved themselves apt to learn in these branches of science ; and proficients in the study of the laws and usages which prevail between different nations and states. Many of the leading and early statesmen of , this commonwealth were distinguished for deep research and penetration ; and for political sagacity and diplo-
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matic dexterity. They found themselves amply ade- quate to enter the lists with the most distinguished offi- cers and secretaries of the British government ; men well versed in finesse and dissimulation. Although they did not adopt the maxim, and act accordingly, of Talley- rand, the French Diplomatist, of " several reigns," " that language was given man to conceal his thoughts," they gave evidence of their philological skill ; and the ability to hunt out the subterfuges of cunning and equivocation.
Proof of this is seen in their management of the often repeated and artfully pressed propositions by the British authorities, to induce them to become a province of that empire. Considered in all its bearings and relations, it was one of the most distinguished political games, so to speak, and adroitly managed on the part of the moun- taineers on record. That the stratagem was kept up so long, in a kind of running skirmish from one part to another ; and from one mountain citadel to another ; through many a valley and defile ; without exhausting the patience of their pursuers, was wonderful. That the eyes of these were not opened to see the hopeless chase on which they had been set, and their indigna- tion aroused before the opportunity of gratifying it was gone, is matter of thankfulness to Divine Providence, who interposed and sheathed the sword before the hope of succeeding had been relinquished.
So also in their intercourse with congress, their com- munications will bear examination. Some of them are as sound and able state papers as any of the kind in our country. The ground taken by them is defended with
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ability ; the principles assumed sustained and illustrated with unanswerable arguments. It is no disparagement to the national councils, to say, that in this correspond- ence, the side taken by this state does not suffer, but decidedly gains by the comparison.
This appears particularly in the answer by Gov. Chit- tenden and his council to what are called the menacing resolves of congress. The principles involved in them are scanned with great care and candor ; and answered with skill and irrefragable argument. It is done also . with respectful deference. The forbearance and deli- cacy with which those resolutions are answered, smart- ing as they must under their lashing severity, evince a nobleness of mind, and consciousness of the rectitude of their cause. As easily may be overthrown the solid hills of their state, as are broken the chain of reasoning by which their rights are fortified.
These things also served to give a character to this whole population. By the things suffered, they became habituated to look at public measures and examine for themselves their tendency. Having to make their way amid clashing interests ; and the mazes of contradictory laws, and different penalties for transgression, it became them to be circumspect, and vigilant in all their move- ments. For the Vermonter, strictly so, might have on his right hand, a Yorker with his written rules for his guidance ; and on his left, his neighbor might be of the granite state, with his code of laws differing from both. Would it be strange then, that this whole people " should be more or less versed in jurisprudence ; the forms and
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customs of courts, and the glorious uncertainty of the law ?" The condition of things around them was such as to make them cautious and somewhat distrustful. They became slow to believe on mere assertion and report ; but took time to reflect and weigh the reasons on both sides, before taking their stand. The laws of New York ; those of New Hampshire, and of Massa- chusetts, they had occasion to examine, and speak of them often as of their own. The proceedings of con- gress, as they were intimately concerned in them, did not escape their notice ; but came under their critical examination. In this way, they became well acquainted with public affairs ; and were led to take more interest in them than perhaps the people of any other state. Being more often called directly or indirectly into courts of justice than was customary in other circumstances, they perhaps insensibly contracted the habit of going as specta- tors to the sessions of their courts, when not personally concerned. This practice is more or less still continued ; and the Vermont courts are more fully attended from the neighboring towns by persons not drawn by the compulsory arm of the law, than is usual in other places. . They go and with fixed attention give heed to all the variety of proceedings there witnessed ; the charge to the jury, the examinations of the witnesses ; the plead- ings, the verdict and the judgment. Retiring they make their remarks and criticisms on the bench, and bar ; and talk over the affairs of their neighbors, who may have been so unhappy as to have been brought under a pub- lic legal scrutiny. The early difficulties protracted as
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they were, of this people, then, gave them an investi- gating turn of mind ; interested in public affairs, ready to avail themselves of the means of knowing what those intrusted with their rights were doing.
This is still characteristic of Vermonters. The PRESS receives as much encouragement comparatively among them, perhaps, as from the inhabitants of any state in the union. Most of the families take and read at least one newspaper. From their infancy they have been schooled in the principles of a representative, free government. They know their rights, and study the best means of preserving them. While watchful of their own liberties and privileges, they respect the rights of others ; and would be the last to trample on the defenceless, or connive at oppression. Such they were in a measure made by early circumstances ; and reflec- tion and habit have more or less kept them so.
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CHAPTER VI.
Constitution adopted .- Features of its government .- Representa- tives .- Governor and council .- How chosen .- Council of censors .- Its power and objects .- The government demo- cratic .- Original counties .- Judicial department .- Salaries of public officers, and compensation of the general assembly, and others in authority .- Contrast between the early and present times .- Reflections on the first courts and the changes in them, and the place of holding them .- Customs of first set- tlers .- Choosing elevated situations .- Inconvenient often .- Alterations and improvements .- Changes .- Their evils .- Benefits.
THE government of Vermont, like all those of the other states, is representative. The constitution was established. in 1778; remodeled in 1786, and 1792. The house of assembly consists of delegates, one from each town, chosen annually on the first Tuesday of September.
This assembly hold one session only, yearly, com- mencing on the second Thursday of October. It is styled, the general assembly of Vermont. " They have power to choose their own officers ; propose bills and enact them into laws ; may expel members, but not for causes known to their constituents antecedent to their election ; impeach state criminals ; grant charters of incorporation ;
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constitute towns, buroughs, cities, counties ; in conjunc- tion with the council, they are annually to elect judges of the supreme, county and probate courts, sheriffs and justices of the peace; and also with the council may elect major generals, and brigadier generals, as often as there shall be occasion. They have all power necessary for the legislature of a free and sovereign state ; but have no power to add to, alter, abolish, or infringe any part of the constitution.
" The supreme executive power is vested in a governor, lieutenant governor, and a council of twelve persons, chosen by the freemen, at the same time they choose their representatives. The governor, lieutenant gov- ernor, and council are to commission all officers ; prepare such business as may appear to them necessary to lay before the general assembly. They are to sit as judges to hear and determine on impeachment, taking to their assistance for advice only, the judges of the supreme court. They have power to grant pardons and remit fines in all cases whatsoever, except in treason and murder, . to which they have power to grant reprieves ; but not to pardon until after the end of the next session of the general assembly, and in cases of impeachment, in which there is no remission or mitigation of punishment, but by act of legislation. They may also lay embargoes, or prohibit the importation of any commodity for any time not exceeding thirty days in the recess of the house only.
"The governor is captain-general, and commander- in-chief of the forces of the state ; but shall not com-
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mand in person except advised thereto by the council, and then only so long as they shall approve ; and the lieutenant governor, by virtue of his office, is lieutenant general of all the forces of the state."*
The governor and council had no negative on the proceedings of the house ; but the power of suspending bills for one year. Bills are presented to them by the house for their approval, or amendment ; proposing amendments in writing for the consideration of the house, if they are not adopted, they are postponed till the next session.
The Vermont constitution has one feature somewhat dissimilar to those of all the other states. It is the provision for a council of censors, once in seven years. Its duty is, to review the measures of government during that period, and see if its provisions have been main- tained. This body have power to pass censures on any measures deemed by them unconstitutional and illegal ; and recommend to the subsequent legislature, their repeal, or modification. They have power to order impeachment of defaulters ; to pass judgment, if in their opinion the laws have not been duly executed and the public money has been misapplied. They hold their office one year; are to be chosen the last Wednesday in March and meet in June following first Wednesday. It consists of thirteen members, chosen by the freemen of the state. They have power to call a convention
* Williams's History.
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within two years after their session; to consider and recommend alterations in the constitution.
After what has been said relative to the early state of affairs in this commonwealth it will be easily seen, that at the beginning, its government approached very near a pure democracy. They met by towns, and made laws; or rather adopted rules of conduct. They then held mass conventions ; and passed resolutions ; and recommended measures for the general good. They next met by representatives most contiguous. ยท After awhile, delegates from all the settlements one side of the mountain come together ; and finally from all parts of the grants in general assembly.
If the government is not now as democratic as that of any one in the union, surely it was so in the beginning. As the state of things improved, and circumstances seemed to require it, the powers of the house of repre- sentatives were enlarged ; and the frame of government braced and strengthened. Thus the council of censors afford a very convenient medium of making such improvements in the government as the increase of population, and advancement in arts and refinement seemed to require. The progress of government in the alteration of laws, and in making of new ones ought to keep pace with the meliorations of society, and the multiplicity of human pursuits ; and the increase of human enterprise. Without some such agent or inter- posing power as is this council, such advantages could not be gained but at the hazard of convulsions, or even a revolution.
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The number of counties originally was eleven.
WINDHAM,
WINDSOR, ORANGE,
East of the
CALEDONIA,
mountain.
ESSEX,
ORLEANS,
BENNINGTON,
RUTLAND, . ADDISON,
West of the
mountain.
CHITTENDEN, FRANKLIN,
Three counties have since been constituted, Grand Isle, in Lake Champlain ; Lamoille, and Washington. The latter is situated on the mountain near the centre of the state ; in which is Montpelier, the capital and seat of government.
The judicature of Vermont consisted originally of justices of the peace, county courts, the supreme court, and a court of chancery. The justices in the several towns are appointed by the general assembly, being pre- viously nominated in county convention. County nomi- nations are merely advisory, the representatives of each county, during the session of the general assembly, meeting by themselves, select by ballot such persons as the majority wish to have fill the respective offices in
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their county ; such as judges, justices, sheriffs, and judges of probate. These being reported to the legisla- ture, are generally confirmed, a usage and custom of legislation, expeditious ; and generally safe as it is cer- tainly democratic. It is really submitting to the people of the several counties the choice of their own officers.
The county courts consisted of three judges, as did also the supreme court for several years in the early days of this commonwealth. These, as well as justices, sheriffs, and probate judges, are chosen annually by joint ballot of the two houses of assembly. Justices of the peace have cognizance of minor offences; and civil questions to a certain extent, and amount of property specified by law; the right of appeal in most cases, being reserved to those against whom judgment is passed. Causes of greater magnitude and involving higher pecuniary liabilities come before the county courts. Most actions of a civil nature in which the rights of property are concerned must be commenced in the county court. The supreme court decides on such causes as are carried up from the county courts : and such as come within its own jurisdiction ; as capital offences, involving the loss of life, and severe punish- ments ; and on crimes and misdemeanors, the forfeitures of which go into the state treasury.
The court of chancery was composed of the judges of the supreme court, and held in the same manner as to time and place as was that court. Its business was to decide legal questions without a jury, and rectify errors, which may have occurred in previous decisions
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HISTORY OF VERMONT.
and in the lower courts. It is now what is understood by the law term of the supreme court, of which more will be said, in treating of the new organization of the Vermont courts.
The governor's salary and those of other executive officers in the early period of this republic were small. Indeed the whole expense of government for one year, October 1791, to October 1792, according to Dr. Williams, was only ten thousand seven hundred and fifty dollars. This sum divided by the number of inhabitants at that period, which was about eighty-six thousand, gives ninepence for each individual. One eighth of a dollar for each individual in Vermont, paid the whole annual expense of her government fifty-one years since.
The original yearly salary of the governor, was five hundred dollars. The compensation of lieutenant gov- ernor was $2,50 a day for attending the council over which he presided. The compensation of councilors was $1,17; that of representatives $1,00 per day. The secretary of state had $2,00 a day while attending the general assembly. The chief justice received four dollars and a half a day while on the circuit; and the assistant judges three dollars and two thirds. These were indeed days of economy and republican simplicity ! There was no need of retrenchment then, or rather retrenchment was impossible, as salaries and outgoes were at the lowest point ; at the starting point ! Justice was as well administered then perhaps as now ; and the community as contented and tranquil and prosperous.
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HISTORY OF VERMONT.
The judges could ride the circuits of the state over hills and through the valleys, in plain, equestrian style ; and find means from their small income to sustain themselves and families in a manner becoming their station. Per- forming their duties faithfully, without fear or favor, they were regarded with as much respect and veneration, perhaps, by their fellow citizens as those whose stipends may have been ten fold greater; and their equipage increased proportionally in splendor and magnificence. In the sultry heat of August, the writer saw a judge of the supreme court in this state, on the bench in a cool, calico morning gown ; and this convenient dress, though plain, impeded not his readiness of mind; or the recti- tude of his decisions ; and was consistent with purity of motive as the costly robes of official dignity.
But those who then occupied the high places of judgment in this commonwealth have descended to the grave ; and many of the plain lowly seats of justice, in which they gave sentence after hearing the complaint and defence eloquently made have disappeared, leaving scarcely a vestige of their having been. The lofty and commanding eminences where some of them stood, have been deserted for situations less exposed to the " windy storm and tempest." Many of those whose feet once stood on these slippery places, seeking justice, have finished their search here and gone to find it, or receive mercy, in another world. Prouder halls of justice have arisen in more mild and protected situations. , In level, winding vales, loftier edifices have reared their domes, surmounted with the balance of even handed justice.
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HISTORY OF VERMONT.
But although her seat may, in many instances, have been changed from the hill to the adjacent valley, it is not intended that justice, herself, has been driven from the high places of Vermont, to the sequestered, hiding places among her mountains. On the contrary, it is hoped, that her footsteps have taken deep hold in her soil, like the eagle that dwelleth in the clefts of the rock ; and that her sceptre, like the rod of Aaron, will blossom with perpetual verdure.
In this connexion it may be well, perhaps, to remark, that the first settlers of this state seemed inclined to select for the centre of their towns, the highest situations. This has been the case also, more or less, with the early settlement of other mountainous districts. Indeed it is a common trait in man, that he needs do a work once, in order to know how to do it in the best manner. He wants the advantages of seeing where he was mistaken ; and where, doing differently, he might have done better. They are like children in this, as in some other respects, who think their way best, until trial convinces them to the contrary. But youth should keep in mind, that they have the very privilege and advantage, which the first settlers of a country need, but cannot enjoy. They have this in the experience and counsel of their parents and elders, who have been over that part of the journey of life on which they are entering. In going into a wilder- ness it is difficult to judge of the most eligible and safe situations. Those who do it are under the necessity of planting themselves down somewhere, and clearing up
8
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a spot around them before they can make their observa- tions to much advantage.
It is not strange then, in a dense, dark forest, that they should select an eminence, from which they may extend their view, and mark the local and relative bearings of the circumjacent country. Especially may we suppose, that a situation upon which the cheering sun would look in his morning and evening visitations, would be chosen. For the light is sweet, and a pleasant thing it is to behold the sun. In the solitude of an extended wilder- ness, that the eminences overlooking the scenery around, should be lighted upon first, was natural. Thus it was in the settlement of this state; the elevations and swells were first cleared, and a foothold established on them. These also, were more suitable for immediate cultivation, the avails of which they needed as the means of sub- sistence. For in the interior especially, that is, interior as regards the rivers and lakes, the low lands needed draining before they could be cultivated to much advan- tage.
The first roads also, were laid out under similar impressions and mistakes. They were run so as to enable the neighborhoods to hold intercourse as directly as possible; and also to reach the centre of the town and county, and public buildings and mills in the most direct route. Thus they were opened and constructed, in many instances, over the steep ascent and ridges ; and then descending into the deep vallies, apparently for the pleasure of mounting the corresponding hill. The
-
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travel of a few miles was but alternate ascending and descending, like the mariner over the ridges and across the troughs of the highly swollen sea.
But as the inhabitants increased, and the lands became more cleared, these injudicious locations and inconvenient routes of roads, were more and more apparent. They began to see the difficulties, to which the present local arrangements subjected them ; and how a different pro- cedure might have afforded them many facilities, and much enhanced their enjoyments. Even the first winter, after having planted himself down and felled the trees for a small circuit ; and erected a log dwelling, was enough to show many a first settler his mistake in choos- ing the site of his home. For this choice was generally made, and the first blow struck in the spring, or summer, or during the mild sun of autumn. But the cold, piercing winds came ; and the drifting snow, raking and sifting through his frail and hasty tenement, led him to look out for a lower situation, and more secured from the northwester, by an interposing hill, or clump of trees, or a south sloping exposure to the sun.
This original and frequent practice of choosing elevated spots for settlement, increased the hardships of the occupiers, more or less unavoidable in a new coun- try ; especially, one so uneven and hard to be subdued, and severe in its winters as Vermont. It placed them of course some distance from mill seats, and obliged them often to carry up steep and long hills, their breadstuffs and other necessaries of living. One of the first settlers
1, ; or
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HISTORY OF VERMONT.
in a town on the Connecticut, and who subsequently held offices of high trust, more than once, as he informed the writer, carried on his back two bushels of meal two or three miles, and most of the way up arduous hills. This was done by him too, in the dead of winter, going on the surface of the pathless snow with snow-shoes. The love of family ; of wife and children, nerved him to the task, and made him forget the toil in the gratification of seeing their wants supplied. In some instances, their fuel, after a few years clearing and burning over the ground, was to be hauled up hill to their houses ; and to the centre of their towns; and whither to market to pay the merchant's bill, or to furnish the pastor with his yearly supply .. Then the weekly toiling up these steeps, year after year, in compliance with the benign command of inspiration : "Forsake not the assembling yourselves together on the Sabbath ;" and with the frequent calls of business and duty, was a heavy tax on the physical powers of both man and beast.
Is it strange then, that such things should cause . exterior changes in many parts of this state. As expe- rience has taught how to benefit by past errors and defects, this observing people have been led to avail themselves of its lessons. Attached, as is natural, to the place of their early footsteps ; and the ways so often walked ; and to the dwellings so familiar; and the sanctuary visited so frequent; and the hall of justice, associated with many an interesting and impressive transaction, and even the prison-house looked at as a
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HISTORY OF VERMONT.
beacon of salutary warning, they have consented (reluct- antly indeed) to let go their hold on them ; and in other directions and places, seek anew objects dear to their hearts. Thus in many parts of the state the centre of business has changed. The hills have been deserted ; and the public buildings erected in vallies and on the margin of rivers. Even on single farms the buildings have been removed from the higher to the lower parts ; a position being thus secured not only less exposed to wintry winds; but to which their fruits and products flow with much less toil.
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