USA > Vermont > Vermont state papers; being a collection of records and documents, connected with the assumption and establishment of government by the people of Vermont; together with the first constitution, and the laws from the year 1779 to 1786, etc > Part 31
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¥ 1 do solemnly swear by the ever living God, (or afirm in presence of Almighty God, ) that I will be true and faith- ful to the State of Vermont ; and that I will not, directly or indirectly, do any act or thing, prejudicial or injurious, to the constitution or gou- ernment thereof, as established by, Convention."
254
FIRST CONSTITUTION.
The Oath or Affirmation of Office.
" I do solemnly swear by the ever living God, (or affirm in presence of Almighty God) that I will faithfully execute the office of - for the - - of -; and will do equal right .and justice to all men, to the best of my judgment and abilities, accord. ing to lato."-
'SECTION XXXVII.
No public tax, custom or contribution shall be imposed upon, or paid by, the people of this State, except by a law for that purpose ; and before any law be made for raising it, the purpose for which any tax is to be raised ought to appear clear to the legislature to be of more service to the community than the money would be, if not collected; which being well observed, taxes can never be burthens.
SECTION XXXVIII.
Every foreigner of good character, who comes to settle in this State, having first taken an oath or affirmation of allegiance to the same, may purchase, or by other just means acquire, hold, and transfer, land or other real estate ; and after one years residence, shall be deemed a free denizen thereof, and intitled to all the rights of a natural born subject of this State; except that he shall not be capable of being elected a repre- sentative, until after two years residence.
SECTION XXXIX.
That the inhabitants of this State, shall have liberty to hunt and fowl, in seasonable times, on the lands they hold, and on other lands (not eu- closed ;) and, in like manner, to fish in all boatable and other waters, not private property, under proper regulations, to be hereafter made and pro- vided by the General Assembly.
SECTION XL.
A school or schools shall be established in each town, by the legisla- ture, for the convenient instruction of youth, with such salaries to the masters, paid by each town ; making proper use of school lands in cach town, thereby to enable them to instruct youth at low prices. One gram- mar school in each county, and one university in this State, ought to be established by direction of the General Assembly.
SECTION XLI.
Laws for the encouragement of virtue and prevention of vice and im- morality, shall be made and constantly kept in force; and provision shall be made for their due execution ; and all religious societies or bodies of men, that have or may be hereafter united and incorporated, for the ad- vancement of religion and learning, or for other pious and charitable pur- poses. shall be encouraged and protected in the enjoyment of the privi-
255
FIRST CONSTITUTION.
leges, immunities and estates which they, in justice, ought to enjoy, un- der such regulations, as the General Assembly of this State shall direct.
SECTION XLII.
All field and staff officers, and commissioned officers of the army, and all' general officers of the militia, shall be chosen by the General As- sembly.
SECTION XLIII.
The declaration of rights is hereby declared to be a part of the Con- stitution of this State, and ought never to be violated, on any pretence whatsoever.
SECTION XLIV.
In order that the freedom of this Commonwealth may be preserved inviolate, forever, there shall be chosen, by ballot, by the freemen of this State, on the last Wednesday in March, in the year one thousand seven hundred and eighty-five, and on the last Wednesday in March, in every seven years thereafter, thirteen persons, who shall be chosen in the same manner the council is chosen-except they shall not be out of the Coun- cil or General Assembly-to be called the Council of Censors ; who shall meet together, on the first Wednesday of June next ensuing their election ; the majority of whom shall be a quorum in every case, except as to calling a Convention, in which two thirds of the whole number elected shall agree; and whose duty it shall be to enquire whether the constitution has been preserved inviolate, in every part ; and whether the legislative and executive branches of government have perform- ed their duty as guardians of the people ; or assumed to themselves, or exercised, other or greater powers, than they are entitled to by the con- stitution. They are also to enquire whether the public taxes have been justly laid and collected, in all parts of this Commonwealth-in what manner the public monies have been disposed of, and whether the laws have been duly executed. For these purposes they shall have power to send for persons, papers and records : they shall have authority to pass public censures -- to order impeachments, and to recommend to the legis- Jature the repealing such laws as appear to them to have been enacted contrary to the principles of the constitution. 'These powers they shall continue to have, for and during the space of one year from the day of their « lection, and no longer. The said Council of Censors shall also have power to call a Convention, to meet within two years after their sit- ting, if there appears to them an absolute necessity of amending any ar- ticle of. this constitution which may be defective-explaining such as may be thought not clearly expressed, and of adding such as are neces- sary for the preservation of the rights and happiness of the people; but the articles to be amended, and the amendments proposed, and such arti- cles as are proposed to be added or abolished, shall be promulgated at least six months before the day appointed for the election of such con- vention, for the previous consideration of the people, that they may have an opportunity of instructing their delegates on the subject.
-
.
JOURNAL
OF THE
GENERAL ASSEMBLY OF THE STATE OF
VERMONT.
MARCH, 1778.
STATE OF VERMONT-Windsor, Thursday, March 12, 1778.
THE Representatives of the freemen of the several towns in this State, met at the meeting house in said Windsor, agreeable to the Constitution, and formed themselves into a House .*
The Assembly then chose Capt. JOSEPH BOWKER, Speaker of the House, and Major THOMAS CHANDLER, Clerk.
After the House was formed, the Reverend Mr. Powers preached a sermon on the occasion, from the 28th chapter of Matthew, 18th verse. Divine service being ended, proceeded, agreeable to the Constitution of this State, and chose a committee of twelve to receive, sort and count the votes for Governor, Deputy Governor, Treasurer, and twelve Council- lors. Committee chosen, Col. Thomas Chittenden, Capt. Joseph Bow- ker, Col. Timothy Brownson, Capt. Ira Allen, Col. Peter Olcott, Col. Joseph Marsh, Deacon Benjamin Emmons, Doct. Jonas Fay, Doct. Paul Spooner, Major Thomas Chandler, Major Jeremiah Clark, and Col. Ja- cob Kent, and sworn to a faithful discharge of their trust.
Votes being called for a Governor, Col. THOMAS CHITTENDEN Was elected, by a great majority of votes.
Votes for a Deputy Governor being called for, when there was no per- son chose by a majority of the suffrages of the freemen (by eleven votes ;) then this Assembly, by ballot, made choice of Col. JOSEPH MARSH for Deputy Governor. After the choice was made, there was brought in fif- teen votes for Col. Marsh, which, if they had come before, he would have been chosen, by a majority of the suffrages of the freemen, at large.
Votes for a Treasurer being called for, no person chose by a majority of suffrages of the freemen ; when this Assembly, by ballot, made choice of IRA ALLEN, Esq. as Treasurer.
" A list of the Representatives was not entered in the journal, and is not to be found
OK
258
JOURNAL OF THE
Votes called for Councillors, when the following were chose, by the suffrages of the freemen, viz :
JOSEPH BOWKER,
BENJAMIN CARPENTER,
JACOB BAYLEY,
JEREMIAH CLARK,
JONAS FAY,
IRA ALLEN,
THOMAS MOREDOCK,
TIMOTHY I.ROWNSON, PETER OLCOTT, PAUL SPOONER,
JOHN THROOP,
BENJAMIN EMMONDS.
Assembly adjourned until to-morrow morning, eiglit o'clock.
Friday, March 13, 1778.
Assembly met according to adjournment.
Voted, that a committee of two be chosen, to return the thanks of this House to the Rev. Mr. Powers, for his sermon, preached at the opening of this present session, and desire a copy thereof, for the press. Com- mittee chosen, Col. John Barret and Mr. John G Bailey.
Voted, that NATHAN CLARK, Esq. be, and is hereby, appointed Spea- ker, pro tempore.
Voted, that EBENEZER CURTIS be, and is hereby, appointed Clerk, pro tempore.
Adjourned until two o'clock, afternoon.
Assembly met according to adjournment.
Voted, that Mr. Gideon Cowle be, and he is hereby, appointed to at- tend this House as a Constable.
Voted to accept John W. Dana, as a member of this House.
The Governor, Deputy Governor, Treasurer, and Council, sworn to their several offices.
Voted, that leave be given to any person to contribute to the Rev. Mr. Powers, for his services on the 12th March inst.
Voted, that the Hon. Joseph Bowker, Esq. be, and he is hereby, ap- pointed to receive said contribution, and deliver the same to the Rev. Mr. Powers. Collected by said contribution, the sum of ten pounds, lawful money.
Voted, that Major THOMAS CHANDLER be, and he is, appointed Secre- tary for this State, for the ensuing year-who accordingly took the neces- sary oaths, to qualify him for that office.
The Hon. Josephi Bowker, Esq. Speaker of this House, being chosen a Councillor : Voted that NATHAN CLARK, Esq. be, and is hereby, ap- pointed Speaker of this Assembly, the present year; who was accord- ingly sworn.
Voted, that BENJAMIN BALDWIN be, and he is hereby, appointed Clerk of this Assembly, for the present year ; who was accordingly sworn to said office.
Voted, Mr Joshua Tuck have liberty to return home.
Voted, that Mr. Joshua Webb have leave of absence, until Tuesday next
Voted to choose a committee out of the Assembly and Council, to wait on the committee from the east side of Connecticut River :- com-
259
GENERAL ASSEMBLY.
mittee chosen from the House, Col. Barrett, Capt. John Fassett, Doct. Reuben Jones, and Capt. Curtis ; from the Council, Doct. Jonas Fay, Capt. Ira Allen, and Col. Peter Olcutt.
Assembly adjourned until eight o'clock, to-morrow morning.
Saturday, March 14, 1778.
Assembly, met, according to adjournment.
Voted, that Doct. Reuben Jones be, and is hereby, appointed an assis- tant Clerk, to this Assembly.
Voted, that Doct. King be, and is hereby, appointed an assistant Clerk to this Assembly.
Voted, that Thomas Jewet, Deacon Edward Aikins, Thomas Rowley and Jacob Burton be a committee to draw up, or make, some rules for the regulation of this House.
Voted, that Moses Jolmson be dismist this House.
Voted, that Jolm W. Dana, Esq. have leave of absence until Tuesday pext.
Voted, that Mr. Gallop have leave of absence, until Monday next. Adjourned until two o'clock, afternoon.
Met according to adjournment.
Voted, that the Governor and Council, or a committee by them ap- pointed, out of their number, to adjust the accounts between this State and the Rangers raised by them, and others that have been out, in de- fence of their country, belonging to this State, where any act of Conven- tion or Council i, pledged to them for their service ; rendering an account to such auditor or auditors, as shall be appointed by this House for that purpose ; and that an order be given to draw money out of the Treas- ury of this State, for that purpose.
Voted, that the petition of Capt. Leonard Spaulding be dismist, or flung out.
Voted, that' Mr. Thomas Cooper have leave of absence, until Tues- day next.
Assembly adjourned until Monday next, ciglit o'clock in the forenoon.
Monday, March 16, 1778.
Assembly met, according to adjournment.
Voted, that the petition of Joseph Hatch and others, remain on file.
Voted, that the petition of Capt. Abner Seelye, lies upon file.
Voted, to send a request to his Excellency the Governor and Council, to prepare a bill, or draught of regulating the militia, and a mode for the defence of the frontiers, and measures to supply the Treasury of this State.
Voted, that a committee, to prepare a bill to regulate attornies, be ap- pointed. Committee chosen, Capt. Coffin, Mr. Rowley, Ensign Harris, Mr. Alverd and Mr. Jewet be the committee to make said bill,
Voted to adjourn until two o'clock, afternoon.
260
JOURNAL OF THE
Assembly met according to adjournment. Assembly adjourned until to-morrow morning, eight o'clock.
Tuesday, March 17, 1778.
Assembly met according to adjournment.
Voted, that the petition of Mr. Ebenezer IJosington lie upon file, till some future opportunity.
Voted, that there be but two regiments in this State, on the west side of the range of Green Mountains, at present.
Voted, that the north line of Arlington and Sunderland, shall be the division line between the two regiments as aforesaid.
Voted, that the south regiment, on the east side of the mountains, ex- tend north, to the south line of Rockingham, Tomlinson and Ient; that the second regiment extend north, to the south line of Norwich, and that the third regiment extend to Canada line, so called.
Voted, that the report of the committee, relative to providing attornies for the county courts, regulating their fees, &c. be accepted.
Voted, to accept the bill presented to the House of Representatives by his Excellency the Governor and Council, describing the boundaries of the county, on the west side of the mountains.
Voted, that the bill presented to this House by the Governor and Council, be altered, and, in the place of " New Hampshire west line," insert the west bank of Connecticut River.
Voted, that Col. John Barrett, Mr. Thomas Rowley, Col. Jacob Kent, Lieut. Thomas Jewett, and Mr. Elijah Alverd, be a committee to appoint the several shire towns in this State.
Assembly adjourned until two o'clock, afternoon.
Assembly met, according to adjournment.
Voted to accept the bill presented to this House by the Governor and Council, prescribing the boundaries of the county on the east side of the mountains, with the alteration as above.
Voted, that the County on the west side of the range of green moun- tains be, hereafter, styled and known, by the name of Bennington.
Voted, that the county, on the east side of the range of green moun- tains, be hereafter, styled and known by the name of Unity.
Voted, that there be four probate districts, in the county of Benning- ton.
Voted, that there be four probate districts, in the county of Unity.
Voted, that Mr. Brewster, Col. John Barrett, Col. Kent, Mr. Alverd and Lieut. Ornisby be a committee to draw the lines between the probate districts, and also, to appoint places for the representatives of cach town to meet, to count the votes of the county elections.
Voted, to postpone acting any thing concerning filling up Col. Seth Warner's regiment, until to-morrow morning.
Mr. Ebenezer Hosington desired that the House of Representatives would give their opinion, whether they would act, or do, any thing, re- specting some old iron, lately brought from Mount Independence, by en- emical persons to the Americnn cause, that fell into his hands by virtue
261
GENERAL ASSEMBLY.
of a commission of sequestration ; which being put to vote, passed in the negative.
Voted that the county elections be held on the first Wednesday of June next.
Assembly adjourned until to morrow morning, eight o'clock.
Wednesday, March 18, 1778.
Assemby met, according to adjournment.
The petition of Watts Hubbard, of Windsor, praying that he might be released from the confinement he some time had been subjected to, for enemical conduct ; which being put to vote, was dismised, for the present.
The act for providing, altering, regulating and mending, highways, with the exceptions presented to this House by the Governor and Coun- cil, was put to vote, and passed in the negative.
Voted, that Nathan Clark, Esq. Capt. Curtice and Major Fletcher be a committee to prepare a bill for providing, altering, regulating, and mending, highways.
Voted, that Capt. John Fassett be Speaker, pro tempore.
Voted to accept the report of Committee appointed to prefix the lines of the probate districts.
Voted, that the proposals and preliminaries exhibited to this House by a committee representing a number of towns on the New-Hampshire Grants, east of Connecticut river, relative to forming a union between said Grants and this State, be laid before the people of this State, at large, for their consideration and determination .*
Assembly adjourned until three o'clock in the afternoon.
Assembly met, according to adjournment.
Voted, that the style of the Governor of this State be, His Excellency.
Voted, to concur with the Governor and Council, relative to the time and place, when and where to adjourn this Assembly, whenever they think proper to adjourn.
Voted to adjourn this House till eight o'clock tomorrow morning.
Thursday, March 19, 1778.
Assembly met, according to adjournment.
Voted, that the Council do take the express (sent from Capt. Sawyer in Clarendon ) into consideration, and report thereon to this House.
Voted to give Mr. John Payne and others, specified in a petition, pre- sented to this House by said Payne, the refusal of the land, as specified in said petition, with the restrictions, and on the proposals, therein men- tioned.
Voted, to allow Lieut. Elisha Hawley, continental pay as a subaltern, fifteen days, for his services at Tyconderoga.
Voted, that the 'Treasurer be bound of ten thousand pounds, lawful money, with sufficient sureties.
: See page 25.
262
JOURNAL, OF THE
Voted, to choose three men as a committee, to adjust all accounts un- der ten pounds.
Voted, that Col. John Barret, Capt. Ebenezer Curtiss and Col. Jacob Kent be the above committee.
Voted to accept the report. of the committee, relative to prefixing the . place for holding county elections.
Voted, that the several towns in this State shall meet, to give in their votes for judges of the inferior courts, judges of probate, high sheriff, &c. on the second Thursday of April next.
Voted, to send the order presented to this House, by the Governor and Council, to Captains Ebenezer Allen, Isaac Clark, and Thomas Sawyer.
Voted, that Mr. Thomas Tuttle be dismissed from this House, for the present, to forward the express to Capt. Ebenezer Allen, &c.
Voted, to dismiss Daniel Gilbert from this Assenibly, for the present, for certain reasons, &c.
Assembly adjourned until two o'clock, afternoon.
Assembly met, according to adjournment.
Voted, that a committee be chosen to appoint a day for annual town meetings, for choosing town officers.
Voted, that Capt. Curtiss, Mr. Ebenezer Harris and Capt. Jolm Fas- sett be a committe for the purposes aforesaid.
Voted, to petition the Governor and Council, whether they would do any thing relative to persons which have been to the enemy and have re- turned.
Assembly adjourned until to-morrow morning, eight o'clock.
Friday, March 20, 1778.
Assembly met, according to adjournment.
Voted the act of affirmation for Quakers.
Voted, to provide a surgeon for Captains Allen and Clark's companies.
Voted, that Doct. Jacob Ruback be the surgeon for the purpose afore- said.
Voted, that those men that enlisted under Captains Allen and Clark, should have ten dollars as a bounty, in lieu of double rations.
Voted Col. Peter Olcutt trustee of the loan office.
Voted, to appoint one Brigadier General in this State.
Voted, Seth Warner, Esquire, be, and is hereby, appointed Brigadier General.
Voted, to appoint a Brigade Major for this State.
Voted, that Major Samuel Fletcher be, and is hereby, appointed a Brigade Major.
Voted, that the Representatives be allowed three dollars per day, from the time they left home until the House adjourns, and four pence per mile for horse travel.
e Voted, that the Councillors be allowed the same wages as the Repre- sentatives.
Assembly adjourned, until two o'clock, afternoon.
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GENERAL ASSEMBLY.
Assembly met, according to adjournment.
Voted, that the petition signed Reuben Jones, in behalf of himself and others, be received on file.
Voted, that Captain Gallop have leave of absence until to-morrow noon.
Voted, to appoint overseers to take care of the timber'on the Govern- or's lots, and other lots that are not under the immediate care of the gran- tees, or any holding under them.
Voted, that Mr. Alverd, Ensign Harris and John Winchester Dany, Esq. be a committee to prepare a bill to lay before this House, for the preservation of timber, &c.
Voted, that the petition signed Jonathan Darby, lie upon file, for the present.
Voted, to give his Excellency the Governor, the sum of fifty pounds, as a salary, for the time since he came from home, until the next session of this Assembly.
The petition of John Barnes, John Newton and Benjamin Baldwin, relative to obtaining liberty to make a lottery, after being read and debat- ed, was put to vote, and passed in the negative.
Voted, to grant the request of Mr. Moses Sage.
Voted, to take into consideration an act relating to tories.
Voted, to appoint five persons as a committee to prepare a bill relative to tories.
Voted, that Col. John Barrett, Lieut. Thomas Jewett, Major Samuel Fletcher, Mr. Elijah Alverd and Ensign Harris, be the above committee. Passed the highway act.
Voted, that Lieut. Joseph Safford have leave of absence, on reasons offered to this House.
Assembly adjourned until to-morrow morning, eight o'clock.
Saturday, March 21, 1778.
Assembly met, according to adjournment.
Voted, to adjourn to Mr. Coles.
Assembly met, according to adjournment, at Mr. Coles.
Voted, that it is the opinion of this Assembly, that the persons that col- lected arıns at Hlubbarton, the summer past, and delivered them to the Council of this State, be honorably rewarded, and not to be paid the full value of said arms.
Voted, that the first class of tories, described in the report of the com- mittee concerning enemical persons in the town of Bennington, be com- mitted to close confinement ; that the second and third classes, mention- ed in said report, be disposed of, by Capt. Samuel Robinson, (who is their overseer, for the time being,) taking the advice of any three men- bers of this Assembly.
Voted, that Mr. Timothy Bartholomew have leave of absence, at four o'clock this afternoon, for certain reasons he mentioned.
The petition presented to this House by Benjamin Baldwin, in be- half of himself and the inhabitants of Mooretown, after being read and debated, was voted to receive the same on file.
Assembly adjourned until two o'clock, afternoon.
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JOURNAL OF THE
Assembly met, according to adjournment.
The petition of Nathan Clark, in behalf of himself and others, being read, was voted to be received on file.
Voted the recommendation relative to keeping the Lord's day and other religious duties, presented by Doct. Jones, in the affirmative.
· Voted, that Col. Barret, Capt. Curtiss and Mr. Elijah Alverd, be a committee to inspect the bill from the Governor and Council, and report their opinion to this House.
A bill being presented to this House, by the Council, relative to raising men to fill up Col. Seth Warner's regiment; which, being read and de- bated, was put to vote, and passed in the negative.
A bill being presented to this House, by the Council, relative to es- tablishing the common law as the law of this State; which, being read and debated, was put to vote, and passed in the affirmative.
Voted, to re-consider a vote passed this House, relative to naming the county on the east side of the Green Mountains, " Unity."
Voted, that the county on the east side of the Mountains, be, hereafter, called and known by the name of Cumberland.
The bill presented to this House, being read and debated, was put to vote, and passed in the affirmative.
Voted, that Doct. King have leave of absence.
Assembly adjourned until Monday next, eight o'clock in the morning, at the meeting-house.
Monday, March 23, 1778.
Assembly met, according to adjournment.
Voted, that Maj. Samuel Fletcher, Lieut. Thomas Jewett and Capt. John G. Bayley, be a committee to devise measures for the raising men to defend the frontiers of this State, either by filling up Col. Warner's regiment, or otherways.
Voted, that Capt. Jonathan Fassett and Deacon Edward Aiken be ad- ded to the foregoing committee.
Voted, to excuse and release Col. Olcott from being trustee of the loan office, the ensuing year.
Voted, to receive the petition of Abraliam Jackson and others, on file, for future consideration.
Voted, that Capt. Thomas Rowley, Nathaniel Robinson, Esq. and Col. Jacob Kent, be a committee to prepare a bill for the purpose of pre- venting some individuals catching all the fish that pass and repass up and down White River, so called.
Voted, to accept the first paragraph of the list bill.
Voted, to accept the second do. do.
Voted, to accept the third do. do.
Voted, to accept the fourth do. do.
Voted, to accept the fifth do. do.
Voted, to accept the sixth do. do.
Voted, to accept the seventh do.
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