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 34
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Assembly adjourned until eight o'clock, to-morrow morning.
Saturday, Oct. 24, 1778.
Assembly met, according to adjournment.
Resolved, that a committee of three, to join a committee from the Council, be appointed to prefix the Governor's salary for the year ensu-
285
GENERAL ASSEMBLY
ing. Committee chosen-Mr. Jona. Fassett, Mr. Joshua Webb and Mr. Wells.
Resolved, that a committee of three be appointed, to prepare a bill, respecting the freedom of slaves, agreeable to the bill of rights. Com- mittee chosen-Mr. Harris, Mr. Rowley and Mr. Cooper.
Resolved, that the justices of the peace, whose names are returned to the Governor, or that shall be, hereafter, returned, shall be commissioned for the year ensuing.
A table of fees passed the House.
Resolved, that his Excellency the Governor's salary, for the year en- suing, be three hundred pounds, lawful money.
Assembly adjourned, until two o'clock, afternoon.
Assembly met, according to adjournment.
Resolved, that a committee of two, to join a committee from the Coun- cil, be appointed, to prepare the acts passed at the former sessions, and likewise the present session, for the press, and get them printed. Con- mittee chosen-Capt. Ebenezer Curtiss and Col. John Barrett.
A resolve passed for to make a road from Wilmington to Bennington.
Resolved, that a committee of six be appointed to choose five hun- dred and ninety-six proprietors to share in a large tract of land, specified in a petition of Col. Ethan Allen, Col. Samuel Herrick and Jonas Fay, Esquire. Committee chosen-Col. Ethan Allen, Joseph Bradley, Esq., John Fassett, Esq. Doct. Reuben Jones, Major Thomas Chandler and Capt. John Throop.
Resolved, that Col. Ethan Allen be, and is hereby, an agent to go to the Honorable the Congress, when the Governor and Council shall judge necessary.
Resolved, that the next session of this Assembly be held on the second Thursday of February next, at Bennington meeting-house.
LAWS OF VERMONT.
LAWS
PASSED AT THIE SESSION OF ASSEMBLY
HOLDEN AT
BENNINGTON, FEBRUARY 11,
A. D. 1779 .*
AN ACT for securing the general privileges of the people, and estab- lishing common law and the constitution, as part of the laws of this State.
FORASMUCH as the free fruition of such liberties and privileges as humanity, civility, and christianity call for, as due to every man, in his place and proportion, without impeachment and infringement, hath been, and ever will be, the tranquility and stability of churches and common- wealths ; and the denial or deprival thereof, the disturbance, if not ruin of both :
Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that no man's life shall be taken away ; no man's
* Much exertion has been made to obtain a copy of the laws of 1778, -but without effect. They were published towards the close of that year, in a pamphilet form, but were never recorded in the Secretary's office. No records appear to have been made in that office until the year 1779; when the Constitution, and the laws of that year were recorded. The laws of 1778, were probably declared to be temporary-as were the laws
. of several succeeding years -- and ceased to have effect before any records were made. Some of them, indeed, were, obviously, designed to answer a temporary purpose only,- such as the acts, enacting certain laws " as they stood on the Connecticut lan book ;"-and all appear, so far as we can learn from the journals of the legislature, to have possessed the character of mere temporary regulations, rather than permanent laws. Some of them were probably re cnacted, in sub tance, in the year 1779, and incorporated in the general code of that year. These considerations inay explain the extraordinary fact that . the recording of those laws was purposely omitted. It is indeed a subject of regret that any cause should have been thought sufficient to justify a neglect, by which the first essay at legislation, by the government of Vermont, has been lost to succeeding generations.
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288
LAWS PASSED FEBRUARY, 1779.
honor or good name stained ; no man's person shall be arrested, restrain- ed, banished, dismembered, nor any ways punished ; no man shall be deprived of his wife or children ; no man's goods or estates shall be taken away from him, nor any ways indamaged, under colour of law, or coun- tenance of authority ; unless it be by virtue of some express law of this State, warranting the same, established by the General Assembly; or, in . case of the defect of such law, in any particular case, by some plain rule, warranted by the Word of GOD.
That all the people of the American States, within this State, whether they be inhabitants or not, shall enjoy the same justice and law that is general for this State, in all cases proper for the cognizance of the civil authority and courts of judicature, in the same, and that without partial- ity or delay ; and that no man's person shall be restrained or imprisoned, by any authority whatever, before the law hath sentenced him thereto, if he can and will put in sufficient security, bail, or mainprize, for his ap- pearance, and good behaviour, in the mean time ; unless it be for capital crimes, contempt in open court, or in such cases wherein some express law doth allow of, or order the same.
Be it further enacted by the authority aforesaid, that common law, at it is generally practised and understood in the New-England States, be, and is hereby established as the common law of this State.
Be it further enacted by the authority aforesaid, that the constitution of this State, as established by general convention held at Windsor, July and December, 1777, together with, and agreeable to, such alterations and additions as shall be made in such constitution, agreeable to the 44th section in the plan of government, shall be forever considered, held, and maintained, as part of the laws of this State .*
AN ACT directing Justices of the Peace in their office and duty.
Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that, on complaint made to any of the justices of the peace within this State, of any breach of law, committed in the county where such Justice lives, he shall grant out his writ, warrant, or sunt- mons (as the nature of the case may require), requiring the appearance of the person so complained of, before him; who shall duly examine
* The Constitution, if it was any thing, was, already, the fundamental law of the State, possessing authority, necessarily paramount to any act of the legislature, -the very charter, indeed, of its existence, and by which alone, it was invested with power to legislate at all ;- aud yet we bere find the legislature gravely attempting to give to this instrument the force of law !
A recurrence to the history of the Constitution will explain this singular procceding. We have before suggested, [see ucte, page 211,] that it was never sanctioned by the pro- ple, but went into operation as it came from the hands of the convention, and was sub- mitted to, rather from necessity than choice. The truth of that suggestion is fully com. frmed by this attempt to legalize the Constitution ; and we are irresistibly led to the con- clusion that it was considered a mere nullity by the statesquen of that period.
LAWS PASSED, FEBRUARY, 1779. 289
into the matter, (the delinquent being present,) and if, upon examination, such Justice does find the matter in demand, or fine, to exceed twenty pounds, or corporal punishment due to the crime with which the party complained of, is charged, to exceed ten lashes; then such Justice shall bind such offender in recognizance, os send him, by mittimus, to goal, as he shall find convenient or necessary, to appear before the next superior or county court, and be dealt with as the law directs.
That, in case the Justice shall, upon such examination, find the matter in demand, or fine, does not exceed twenty pounds, or corporal pun- ishment due for such offence as the offender is charged with, does not ex- ceed ten lashes, and title of land is not concerned, such Justice, with the advice and assistance of one or two other assistants or Justices, shall proceed and try such action, and award sentence and execution accord- ingly.
And in case the Justice does find the matter in demand, or fine, does not exceed ten pounds, or corporal punishment as aforesaid, does not ex- ceed ten lashes, and title of land is not concerned, as aforesaid, such Jus- tice may and shall have a right to try such action, and award sentence and execution accordingly.
Always provided, that such cases shall be tried by jury, if either party require it ; of which such Justice or Justices shall always give informa- tion to the parties, before they proceed to trial.
Which jury shall be six freemen of the neighborhood, qualified, im- pannelled and sworn, who shall find the matter in issue, with damages, according to law and evidence; and the Justice or Justices, thercon shall make and declare sentence.
AN ACT concerning abatement and amendment of Writs, Judg- ments, &c.
Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that all writs, processes, declarations, indictments, pleas, answers, replications, and entries in the several courts of justice within this State, shall be in the English tongue, and no other.
And that no summons, process, writ, warrant, or other proceedings in court or course of justice, shall be abated, arrested, or reversed, for any kind of circumstantial error or mistake, where the parties and the cause may be rightly understood and intended by the court; or through defect, or want of form only; and the judges, or justice, on motion made in court, may order amendment thereof.
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290
LAWS PASSED, FEBRUARY, 1779.
AN ACT against, and for the punishment of Adultery.
Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that whosoever shall commit adultery with a mar- ried woman, or one betrothed to another man, both of them shall be severely punished by whipping on the naked body, not exceeding thirty- nine stripes, and stigmatized, or burnt on the forehead with the letter A, on a hot ifon ; and each of them shall wear the capital letter A, on the back of their outside garment, of a different colour, in fair view, during their abode in this State. And as often as such convicted person shall be seen without such letter, and be thereof convicted before an assistant or jus- tice of the peace in this State, shall be whipt on the naked body, not ex- ceeding ten stripes.
AN ACT against Polygamy.
Whereas, the violation of the marriage covenant is contrary to the conmiand of God, and destructive to families :
Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that if any person or persons in this State, being married, or who shall hereafter marry, do, at any time, presume to marry any other person, the former or other husband or wife being alive, and not by law divorced ; or shall continue to live together, so married; that then, every such offender shall suffer and be punished as in case of adul- tery ; and such marriage shall be, and is hereby declared to be, null and void-which offenders shall be tried in the county where they shall be apprehended.
AN ACT for the punishment of lascivious carriage and behaviour.
For the preventing of lascivious carriage and behaviour-against, and for the punishment of which (in regard of the variety of circmm- stances) particular and express laws cannot be easily suited and made. Therefore,
Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that the several and respective county courts within this State, shall be, and are hereby impowered and directed, to proceed against, and punishi, such persons as shall be guilty of lascivions carriage and behaviour, either by imposing a fine on them, or by com- mitting them to the house of correction, or by inflicting corporal punish- ment on them, according tothe nature and aggravation of the offence-
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291
LAWS PASSED, FEBRUARY, 1779.
according to the discretion of such court ; that such seasonable and ex- emplary punishment may be inflicted on such offenders in that kind, that others may hear and fear.
AN ACT for the punishment of Incest, and for preventing incestuous marriages.
Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the sume, that no man shall marry any woman within the degrees of kindred hereafter named in this act ; that is to say,-no man shall marry his grandfather's wife, wife's grandmother, father's sister, mother's sister, wife's mother's sister, father's wife, wife's mother, daugh- ter, son's daughter, wife's daughter, son's wife, sister's son's daughter, daughter's daughter, son's son's wife, daughter's son's wife, wife's son's daughter, wife's daughter's daughter, brother's daughter, sister's daugh- ter, brother's son's wife, sister's son's wife.
And if any man shall hereafter marry, or have carnal copulation with, any woman who is within the degrees before recited in this act, every such marriage shall be null and void ; and all children that shall hereafter be born of such incestnous marriages or copulation, shall be forever dis- abled to inherit by descent, or by being generally named in any decd or will, by father or mother.
That every man and woman who shall marry, or carnally know each other, being within any of the degrees before mentioned in this act, and shall be convicted thereof, before any superior court in this State, shall Le set upon the gallows, the space of one hour, with a rope about their neck, and the other end cast over the gallows; and in the way from thence to the common goal, shall be severely whipt, not exceeding thirty- mine stripes each.
Also, every person so offending, shall, forever after, wear a capital let- ter, I, of two inches long, and proportionable bigness, cut ont in cloth of a contrary colour to their cloaths, and sewed upon their garments, on the outside of their arm, or on their back, in open view.
And if any person or persons, convicted and sentenced, as aforesaid, for such offence, shall, at any time, be found without their letter so worn, during their abode in this State, they shall, by warrant from any one assistant or justice of the peace, be forthwith apprehended, and ordered · to be publicly whipt, not exceeding fifteen stripes, and from time to time, or as often as they shall so offend.
AN ACT for the punishment of Rape.
Be it cnacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the
292
LAWS PASSED, FEBRUARY, 1779.
authority of the same, that if any man shall forcibly, and without con- sent, ravish any woman, or maid, by committing carnal copulation with her, against her consent, he shall be put to death.
Provided, complaint and prosecution be made, forthwith, upon the rape ; and that the woman, in time of her distress, did make an outcry 'on the occasion.
AN ACT regulating of Marriages.
Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that no man and woman shall be joined together in marriage, before the purpose or intention of such marriage has been published in the respective towns where the persons do ordinarily belong or reside, by the town clerk or clerks of such town or towns, at least eight days before such marriage is consummated ; nor shall any such per- sons be joined together, before they.arrive to lawful age; that is to say, a male person to the age of twenty-one years, and a female person to the age of eighteen years, without leave first obtained from the parents, (if living) or the master or masters, or guardians of such person.
Any person that shall presume to join any man or woman together in marriage, before he is certified that such purpose of marriage has been published as aforesaid, and if minors, without consent as aforesaid, shall forfeit and pay to the treasurer of the county where the offence is com- mitted, the sum of fifty pounds, to be recovered by bill, plaint, or infor- mation.
And that no person whatsoever, in this State, other than the Governor, Deputy Governor, members of the Council, Judges of superior and inferior courts, Justices of the peace in their respective counties, settled Ministers of the Gospel in their respective towns, and during the time of his or their ministry in such town or towns, shall join any persons in marriage, on penalty of forfeiting the sum of twenty pounds, to be recov- ered and appropriated as aforesaid, and suffer imprisonment, not exceed- ing twelve months.
AN ACT to prevent the taking and using boats and canoes, without leave.
Whereas the taking and using of boats and canoes, without liberty, is too frequently practised, to the damage of the owners thereof,
Which to prevent,
Be it enacted, and it is hereby enacted, by the representatives of the. freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that whosoever shall take and use any kind of
293
LAWS PASSED, FEBRUARY, 1779.
boats or canoes, other than such as shall be taken up going adrift, and loose from any shore, or found when driven away and left, without liberty from the owner or owners thereof, shall, for every such offence, forfeit and pay to the owner or owners thereof, double the damage he or they shall sustain by his or their boat or canoe's being taken and used as afore- said ; to be recovered by bill, plaint, or information.
AN ACT for enabling communities to maintain, recover, and defend, their common rights, estates, and interests.
Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, und by the authority of the same, that it shall and may be lawful for all and every town, village, precinct, trustees for schools, proprietors of commons or undivided lands, grants and other estates and interests, and all other law- ful societies or communities whatsoever, to sue, commence, and prose- cute, any suits or actions, for the maintaining, recovery, or defence of their grants, interest, and estates, in any court proper to try the same ; and to appear, either by themselves, agents, or attornies : and, in like manner, to defend in all such suits and actions as shall be brought or commenced against them.
And when any such town, village, precinct, trustees, proprietors, or society, as aforesaid, shall be sued, it shall be sufficient notice for them to appear and answer, to leave a true copy of the writ or summons con- taining such suit or action, with their clerk, or other principal member, inhabitant, or proprietor, twelve days before the sitting of the court where the case is to be heard, as in other actions is provided.
AN ACT against high Treason.
Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that if any person or persons belonging to, or re- siding within, this State, and under the protection of its laws, shall levy war against the State, or government thereof; or knowingly, and wil- lingly, shall aid or assist any enemies, at open war against this State, or the United States of America, by joining their armies, or by inlisting, or procuring, or persuading others to inlist, for that purpose ; or by furnish- ing such enemies with arms, or ammunition, provision, or any other arti- cles for their aid or comfort ; or by carrying ou a treacherous correspon- dence with them ; or shall form, or be any way concerned in forming any combination, plot, or conspiracy, for betraying this State, or the Uni- ted States, into the hands, or power of any enemy; or shall give, or at- tempt to give or send, any intelligence to the enemies of this State, for
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LAWS PASSED, FEBRUARY, 1779.
that purpose ; every person, so offending, and being thereof convicted, shall suffer death, and his estate shall be confiscated.
And be it further enacted, by the authority aforesaid, that if any person or persons shall endeavor to join the enemies of this State, or of . . the United States ; or use their influence to persuade or induce any per- son or persons to join, aid, comfort, or assist them, in any way or man- ner whatsoever; or shall have knowledge of any person or persons en- deavoring, or using their influence aforesaid, and shall conceal the same, shall be punished by fine, according to the nature of his offence, and shall be imprisoned, at the judgment of the superior court, in any of the goals in this State, not exceeding ten years.
AN ACT for establishing County lincs.
Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the. authority of the same, that the tract of land in the hereafter described limits, as well the lands that are, as those that are not appropriated, shall be and remain one entire county, and known by the name of the county of Bennington, viz ;- beginning at the southwest corner of the town of Pownał, thence northerly in the west lines of the towns of Pownal, Ben- nington, Shaftsbury, Arlington, Sandgate, Ruport, Pollet, and Wells, to the southwest corner of Poultney ; thence northerly on the west line of said Poultney, to the centre of a small river, commonly called and known by the name of Poultney river ; thence down the centre of said river, into the head of East-Bay ; thence down said Bay, through the centre of the deepest channel of the same, into Sonthi-Bay; thence down said Bay, through the centre of the deepest channel of the same, into Lake Champlain; thence down said lake, through the centre of the deepest channel of the same, to the south line of the province of Quebec, being the west line of this State; thence east in the sonth line of the province of Quebec, fifty miles, being the north line of this State; thence south- erly to the northeast corner of Worcester; thenco southerly on the eas- terly lines of the towns of Worcester, Middlesex, and Berlin, to the south- east corner thereof; thence on a straight line to the northwest corner of 'Tunbridge; thence on the westerly line of Tunbridge, to the southwest corner thereof; thence in a straight line to the northwesterly corner of Bradford; thence in the westerly line of Bradford and Bridgwater, to the southwesterly corner thereof; thence southerly, in a straight line, to the northeast corner of Shrewsbury ; thence on the casterly line of Shrews- bury, to the southeasterly corner thereof; thence west to the northeast corner of Wallingford ; thence southerly on the easterly lines of Wal- lingford, Harwich, Brumley, Winhall, and Stratton, to the southeasterly corner of the latter ; thence southerly on the westerly line of Somerset, to the southwest corner thereof ; thence southerly to the northwest corner of Draper ; thence southerly in the west lines of Draper and Cumber- land, to the north line of the Massachusetts-Bay ; thence westerly on the
295
LAWS PASSED, FEBRUARY, 1779.
line of the Massachusetts-bay, to the southwest corner of Pownal afore- said, being the south line of this State.
Be it further enacted, by the authority aforesaid, that the tract of land in the hereafter described limits, as well the lands that are, as those that are not, appropriated, shall be and remain one entire county, and known by the name of the county of Cumberland, viz ;- beginning at the south- east corner of the county of Bennington, in the north line of the State of the Massachusetts-Bay ; thence east in said line, to Connecticut river, being the south line of this State; thence up said river as it tends, to the south line of the province of Quebec, being the cast line of this State ; thence west in the senth line of the province of Quebec, to the northeast corner of the county of Bennington, being the north line of this State ; thence southerly in the east line of the county of Bennington, to the southeast corner thereof.
AN ACT directing Listers in their office and duty.
Be it enacted, and it is hereby enacted, by the representatives of the freemen of the State of Vermont, in General Assembly met, and by the authority of the same, that the listers in the several towns in this State, being sworn to the faithful discharge of their office, shall, by themselves, or one or more deputed by them, some time in the month of May anna- ally, warn all the inhabitants, proper to be listed in their towns, or pre- cincts, or leave notice at their houses, or usual places of abode, to give in to them their respective lists.
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