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 59
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And be it further enacted, that when the contract, upon which judg- ment shall be so rendered, shall be payable at any place without the limits
509
LAWS PASSED, OCTOBER, 1786.
of this State, the same shall be, and hereby is declared to be, payable to an officer on execution, and shall be appraised within the town in which the defendant lives, (if an inhabitant of this State) if not, in the town in which such property shall be taken on execution.
AN ACT empowering the Select-men of the town of Benson, in the county of Rutland, to levy a tax of one penny on each acre of land in said township of Benson, for the purpose of making and repairing Roads and Bridges .*
It is hereby enacted, &c. that the select-men of said town of Benson, be, and they are hereby authorised and empowered to levy a tax of one penny on each acre of land, in said township of Benson, except public rights, and issue their warrant to the first constable of said town of Benson, to collect the same, and when collected, he is hereby directed to pay the same to the said select-men ; who are hereby directed to lay out said tax in making and repairing public roads and bridges, in said town. And they are hereby made accountable to the county court for the county of Rutland for laying out said tax.
And be it further enacted, that said collector be, and is hereby au- thorised and empowered to sell lands at public vendue to collect said tax, and the legal cost ; and before he shall proceed to the sale of any lands, he shall publish the same in the Vermont Gazette and Journal, three weeks successively, at least six weeks before the day of sale ; and that he shall not give any deed for lands he shall sell, until the expiration of one year from the day of sale.
And be it further enacted, that if the owner of any lands in said town that shall be sold as aforesaid, shall pay or tender unto said collector, at any time within said year, the sum that said land was sold for, with the legal cost, and twelve per cent interest, the fee of the land shall not be conveyed by such sale ; and said collector is hereby directed not to give any deed of any land so redeemed.
AN ACT granting to Reuben Harmon, jun. Esq. the right of coining copper within this State, for a farther term of eight years.
Whereas, the Legislature of this State did, at their sessions at Nor- wich, in June, 1785, grant to Reuben Ilarmon, jun. Esq. of Ruport, in the county of Bennington, the exclusive right of coining copper within this State, for the term of two years from the first day of July, in the a- foresaid year of our Lord, 1785 : and whereas, the said Reuben has, by his petition, represented to this Assembly, that he has been at great ex-
* This act is copied, for the purpose of showing the manner in which taxes for the purpose of making and repairing roads and bridges, were assessed until October session, 1737 ; when the Legislature adopted the present mode of assessing such laves directly, instead of authorising the assessment to be made by the select men.
510
LAWS PASSED, OCTOBER, 1786.
pense in erecting works and procuring a quantity of copper for the pur- pose of carrying on said business of coining, and that, by reason of the shortness of said term, he will be unable to indeninify hinself for his said expense ; and praying this Assembly to grant him said privilege of coin- ing copper for a longer term ; and this Assembly willing to encourage an undertaking that promises a considerable public utility. Therefore,
Be it enacted, &c. that there be, and hereby is granted and confirmed to the said Reuben Harmon, jun. Esq. the exclusive right of coining copper within this State, for a farther term of eight years from the first day of July, in the year of our Lord, 1787 ; and that all copper by him coined, shall be in pieces weighing not less than four penny weight, fifteen grains each ; and the device for all copper, by him hereafter coined, shall be, on the one side, a head with the motto, auctoritate Vermontensium, abridged-on the reverse, a woman, with the letters, INDE: ET LIB: for Independence and Liberty.
And be it further enacted, that the said Reuben shall have and enjoy the aforesaid privilege of coining copper within this State, free from any duty to this State as a compensation thereof, for the full term of three years from the first day of July, in the year of our Lord, 1787 ; and that, from and after the expiration of the said three years, he the said Reuben shall pay, for the use of this State, two and one half per cent, of all the copper he shall coin for and during the remainder of the aforesaid term of eight years : and the said Reuben, before he take any benefit of this act, sliall enter into a bond of five thousand pounds, to the treasurer of this State, with two or more good and sufficient sureties, freeholders of this State, conditioned that all the copper, by him coined as aforesaid, shall be of full weight as specified in this act, and of genuine metal, and that, front and after the expiration of the aforesaid three years, he will well and truly render an account of the sums by him coined, by virtue of this grant, and pay over all such sums as shall, on account of said coin- age, become due to this State, at such times, and in such manner, as this or a future Assembly shall direct.
AN ACT to continue in force the several Statutes of this State.
Be it enacted, &c. that the several acts, and parts of acts, passed by the Legislature of this State, and which have not been repealed, but are now in force, shall remain and continue in force, until the rising of this Le- gislature in February next.
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-
PROCEEDINGS
OF THE FIRST
COUNCIL OF CENSORS.
AGREEABLY to the forty-fourth section of the Constitution, a Council of Censors was elected, on the last Wednesday in March, 1785; which consisted of the following members, viz :- INCREASE MOSELEY, EBENE- ZER CURTIS, EBENEZER WALBRIDGE, BENJAMIN CARPENTER, STEPHEN JACOB, JONATHAN HUNT, EBENEZER MARVIN, ELIJAH ROBINSON, MICAH TOWNSEND, JOSEPH MARSH, JOHN SESSION, LEWIS BEBEE, and JONATHAN BRACE. , 'This Council held three sessions, viz :- at Norwich, on the first Wednesday of June, 1785 ; at Windsor, on the last Thurs- day of September following, and at Bennington, on the first Thursday of February, 1786. The following Resolutions, revised Constitution, and Address to the freemen, appear to have been the result of their deliberations.
RESOLUTIONS OF THE COUNCIL.
In Council of Censors, October 5, 1785.
1. Resolved, that it be, and is hereby recommended to the Honorable the Legislature, in their next session, to repeal an act passed in February, 1779, entitled, " An act to prevent riots, disorders, and contempt of au- thority within this State, and for punishing the same,"* on account of the uncommon severity of the punishments to be inflicted for breaches of said act, and their disproportion to the offences ; it being unjust and im- politic, in the opinion of this Council, as well as contrary to the human- ity manifested in the Constitution, to inflict punishments which render a person and his connexions, infamous, and preclude all reformation for crimes which are not infanious in their nature ; and because it puts a per- son who simply, and often inadvertantly, commits a trespass, in so des- perate a situation as, in its consequences, may be prejudicial to the peace of society.
· Ste page 30)
512
PROCEEDINGS OF THE
II. Resolved, that it be, and hereby is, recommended to the Honorable the Legislature, to alter so much of the last clause of an act passed in February, 1779, entitled, " An act to encourage the destroying of wolves and panthers,"* as directs corporeal punishment for taking a wolf out of a trap ; because punishments too severe in their nature, for the crimes, have a direct tendency to prevent the execution of the laws enforcing them ; and if inflicted, to lessen the beneficial operation of the same punishments in cases where severity is expedient.
In Council of Censors, Oct. 6, 1785.
III. Resolved, that it be recommended to the Honorable Legislature, to alter the punishment to be inflicted by the first and sixth clauses of an act passed in February, 1779, entitled, " An act against counterfeiting bills of public credit, coins or currencies, and emitting and passing bills or notes on private credit, and preventing injustice in passing counterfeit bills ;"+ this Council conceiving the punishment for the crime in the first clause to be too severe for the offence, (although heinous in its nature) as it excludes all idea of reformation, for the first transgression; and that the same punishments are beyond all proportion to the actions mentioned in the first paragraph of the sixth clause of said act, which are no oth- erwise offences, than because they are prohibited by law.
IV. Resolved, that it be recommended to the Honorable the Legisla- ture, to alter the proviso annexed to the third clause of an act passed in February, 1779, entitled, " An act for authenticating deeds and convey- ances ;"j because the said proviso is contrary to the intent of the XX Xist section in the frame of government, where there is no town clerk in the town, admits of so many different offices for recording deeds, as renders it difficult and expensive for the purchasor to inform himself of the safety of his title.
V. Resolved, That it be, and is hereby, recommended to the Honorable the Legislature, in their next session, to repeal the last paragraph of an act passed in February, 1779, entitled, " An act to prevent unseasonable night walking, and for the punishing of disorders committed in the night season ;"§ because, as this Council conceives, the same is contrary to the 10th article in the Bill of Rights, which declares the right of an accused person to be confronted with witnesses, to be tried by an impartial jury of the country, and that he cannot be compelled to give evidence against himself.
VI. Resolved, that it be recommended to the Honorable the Legisla- ture, to repeal an act passed in February, 1779, entitled, " An act to pre- vent the selling or transporting raw or untanned hides or skins, out of this State ;" ¡¡ the same being considered by this Council as being too great a controul over the right each individual has of disposing of his property, to be exercised by a permanent law, and as being contrary to the principles of the constitution.
VII. This Council conceiving it exceedingly inconvenient, and against the interest of the community, that so numerous a body as the Governor, Council, and General Assembly of the State, should be employed in de- termining causes between party and party, and their attention thereby
* See page 322 .- + See page 333 -1 See page 336 -! See page 359 .- " See page 882.
513
FIRST COUNCIL OF CENSORS.
diverted from their more important business of legislation ; do hereby re- commend to the Honorable the Legislature, during their next session, to repeal such parts of an act passed October 22, 1779, entitled, " An act constituting the superior court a court of equity, and declaring their power,"* as invest the Governor, Council, and House of Representatives, with authority to hear and determine cases in equity ; with a proviso, that the repealing act shall not affect any cause commenced and depend- ing before the said court of equity.
VIII. Resolved, that it be, and hereby is, recommended to the Hon- orable the Legislature, to repeal an act passed 3d November, 1780, en- titled, " An act against inimical conduct :" and also an act passed 6th November, 1780, entitled, " An act in addition to and explanation of the last paragraph of an act, entitled, ' An act against high treason ;' "} on account of the large powers therein given, in the one to a single, and in the other to two ministers of justice-the vague definition of the offences- and the inexpediency of having acts in force after the reason for their ex- istence has ceased.
IX. Resolved, that it be, and hereby is, recommended to the Honorable the Legislature, in their next session, to repeal an act passed on the 22d February, 1781, entitled, " An act for quieting disputes concerning land- ed property ;"¿ because this Council conceive it to be an encroachment made by the Legislature upon the power assigned by the constitution to the judicial department, and that it invests them with the authority of de- termining upon the validity of their own grants.
In Council of Censors, October 7, 1785.
X. Resolved, that it be, and is hereby, recommended to the Honorable the Legislature, in their next session, to repeal an act, entitled, " An act for the punishment of conspiracies against the peace, liberty, and inde- pendence of this State,"§ passed 21st June, 1782 ; on account of the in- expediency of continuing in force a law of so great severity, after the ne- cessity which occasioned passing it has ceased.
XT. Resolved, that it be, and hereby is, recommended to the Ilonor- able the Legislature, in their next session, to alter the first clause of an act passed 22d October, 1782, entitled, " An act in addition to an act reg- ulating goals and goalers ;"| on account of its not sufficiently guarding the property of the subject :
Firstly, in not more explicitly defining the time of notice to be given to the creditor, or his attorney.
Secondly, for that the said clause is so expressed, that it may be (and by some is) construed, that any justice of the peace of the county is obliged to administer the oath therein mentioned to the debtor, upon his application, although such justice should be convinced of the falsity of it.
Thirdly, because no penalty is prescribed in case of the debtor's false swearing.
Fourthly, because it leaves it in the power of the debtor to choose any justice in the county to determine upon his application, and authorises one justice to liberate a debtor from imprisonment, let the amount of his debts be what they may.
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* See page 331, -- + See page 113 .-- | See page 421 .-- $ See page 153. - || See page 15%.
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514
PROCEEDINGS OF THE
XII. Resolved, that it be, and hereby is earnestly recommended to the Honorable the Legislature, in their next session, to repeal an act passed 22d October, 1782, entitled, " An act for the regulation and establish- ment of town lines," and the several additions thereto ; and also an act passed February 26th, 1782, entitled, " An act to ascertain the boundaries of the towns therein mentioned ;" and also an act passed 23d October, 1783, entitled, " An act for the purpose of enabling the Surveyor-General to complete the survey of the town lines in this State ;" and an act passed Sth March, 1784, entitled, " An act for the purpose of cutting roads in the northern parts of this State ;""* for the following reasons, viz :
First, because the said several acts appear to this Council calculated for the emolument of individuals, by arbitrarily taking and disposing of the property of others, rather than for the true interest of the community at large.
Secondly, because, however injurious the operation of the said several acts may be to the property of individual towns or persons, they are obliged to defray the expense, and that upon much shorter notice, and less equitable principles, than the laws point out in common demands between party and party, as their lands are thereby subjected to sale at public vendue, for the satisfaction of debts, merely of a private nature, and differ- ing from private contracts in no respect, only, that the persons on whom the demand is made, are not allowed a voice in the contract, and the sat- isfaction is made in a mode that precludes them the privilege of contest- ing the demand.
Thirdly, because they appear to authorise the Legislature to deter- mine the right of property, held under different titles, and thereby pre- clude the aggrieved proprietors their remedy at law, contrary to the true intent and meaning of the 13th article in the Bill of Rights.
XIII. Resolved, that it be, and hereby is recommended to the Honor- able the Legislature, to alter the penalty contained in the fourth clanse of an act passed 2d March, 1784, entitled, " An act to prevent the spread- ing of the small-pox ;" because the unusual severity of the said clause, is contrary to the humane spirit manifested in the XXVIth section of the Frame of Government, and may probably defeat its operation.+
XIV. Resolved, that it be, and hereby is recommended to the Honor- able the Legislature, to repeal an act passed 9th March, 1784, entitled, " Anact to reverse the several judgments therein mentioned ;"{ this
* These sets may be found in the appendix to the revised laws of 1797.
¡ The following is the clause of the act to which the Council refer :--
Be it further enacted by the authority oforesaid, that if any person or persons, in any town in this State, shalf know of any person or persons being infected in any manner with the small-pox, contrary to the true intent of this act, and do not immediately acquaint the authority or select-men of such town, in which such infected person or persons reside, or some of them, of the same, and be thereof convicted, he or they shall forfeit and pay a fine of fifty pounds, lawful money, to be recovered and applied as aforesaid. And if such convicted person or persons, in either of the cases before mentioned, shall not have « state sufficient to satisfy tuch judgment or fine, and cost, the court, before whom the trial is had, is hereby authorised and directed te dispose of such person in service, a sufficient time to pay such fine and cost.
į See page 491.
515
FIRST COUNCIL OF CENSORS.
Council conceiving the said act to be an encroachment upon the authority assigned by the constitution to the judicial department ; the supreme court being, in the opinion of this Council, competent to remedy the grievances complained of.
XV. Resolved, that it be, and hereby is recommended to the Honor- able the Legislature, to alter an act passed 29th October, 1784, entitled, " An act for the purpose of opening a free trade to and through the Pro- vince of Quebec,"* so far as to provide that no further expense shall ac- crue to the State by any proceedings thereon ; this Council conceiving it unreasonable to tax the inhabitants of the State at large to defray the ex- pense of a treaty, the benefits of which will be partial and confined to a few individuals.
In Council of Censors, October 17, 1785.
Resolved, that it be, and hereby is recommended to the flonorable the Legislature, in their present session, to repeal an act passed 1Sth June, 1755, entitled, " An act to secure . Daniel Marsh in the possession of a certain farm until he shall have opportunity of recovering his betterments, and nullifying several judgments rendered against him."f
1. Because said act, in effect, destroys the power assigned by the con- stitution to the judicial department.
2. Because it divests one subject of his possession to land, already de- termined to be his right, by a court and jury, and arbitrarily vests it in another, without the intervention of a jury, contrary to the 13th article in the Bill of Rights, and the XXIId section of the Frame of Government.
3. Because it gives Mr. Marsh a greater privilege than was thought proper by the Legislature to be given to other subjects, by the 7th clause of an act passed by them the preceding day, entitled, " An act for settling disputes respecting landed property ;" as it enables him to enter his action for the betterments of the land, without first paying the costs of the judgments recovered against him ; and, by aunulling those judg- ments, destroys Mr. Whitney's remedy for his costs of suit.
4. Because said act appears to render void certain judgments in for- cible entry and detainer, and, of consequence, remits fines ; which is a branch of power assigned by the constitution to the Governor and Council.
5. That said act not only takes the possession of the land in dispute from Whitney and gives it to Marsh, but hinders Whitney from commen- cing a suit for recovering his possession, until a final judgment shall be rendered in the suit for betterments ; and Whitney is then left to a course of litigation to recover the possession which is thus extraordinarily wrest- ed from him.
Resolved, that it be, and hereby is recommended to the Honorable the Legislature, in their present session, to repeal an act passed 18th June, 1785, entitled, " An act confirming Andrew Graham, of Putney, in the county of Windham, in the quiet and peaccable possession of the farm on which he now lives in said Putney, and rendering all judgments re- specting the possession of the same, heretofore bad and rendered by any court of law whatsoever, null and void.";
Per page 194 .- + See page 191 - 1 See page 500.
516
REVISED CONSTITUTION.
1. For reasons similar to the first, second, and fourth, given in the pre- ceding resolution.
2. Because the said act is so worded as to reverse a judgment rendered previous to the existence of this State.
3. Because, by reversing the judgments obtained against said Graham, the adverse party is precluded obtaining his costs awarded by the judg- ments.
4. Because the said act is so unguardedly worded, as to suspend all ex- ecutions, processes, and other law proceedings of what name or nature soever, within the State ; and to declare that they be no further prose- cuted.
5. Because, contrary to the verdict of two juries under oath, said Graham is declared the legal possessor of the land in dispute.
THE
CONSTITUTION
AS REVISED BY THE FIRST COUNCIL OF CENSORS AND RECOMMENDED FOR THE CONSIDERATION OF THE PEOPLE.
OCTOBER, 1785.
CHAPTER I.
A DECLARATION OF THE POLITICAL RIGHTS AND PRIVI. LEGES OF THE INHABITANTS OF THE STATE OF VERMONT.
I. THAT all men are born equally free and independent, and have cer- tain natural and inherent rights, amongst which are the enjoying and de- fending life and liberty ; acquiring, possessing, and protecting property, and pursuing and obtaining happiness and safety. Therefore, no male person, born in this country, or brought from over sea, ought to be holden by law, to serve any person, in this commonwealth, as a servant, slave, or apprentice, after he arrives to the age of twenty-one years ; nor fe- male, in like manner, after she arrives to the age of eighteen years, un- less they are bound by their own consent, after they arrive to such age, or bound by law for the payment of public or private demands.
Il. That private property ought to be subservient to public uses, when
517
REVISED CONSTITUTION.
necessity so requires ; nevertheless, whenever the property of any par- ticular person is taken for the use of the public, the owner ought to re- ceive an equivalent therefor.
Ill. That all men have a natural and unalienable right to worship ALMIGHTY GOD, according to the dictates of their own consciences and understandings, as, in their opinion, shall be regulated by the word of GOD ; and that no man ought, or of right can be compelled, to attend any religious worship, or erect, or support any place of worship, or main- tain any minister, contrary to the dictates of his conscience; nor can any man be justly deprived or abridged of any civil right as a citizen, on account of liis religious sentiments, or peculiar mode of religious wor- ship; and that no authority can or ought to be vested in, or assumed by any power whatsoever, that shall, in any case, interfere with, or in any manner control, the rights of conscience in the free exercise of religious worship : nevertheless, every sect or denomination of christians ought to observe the Sabbath or Lord's day, and keep up some sort of public re- ligious worship which, to them, shall seem most agreeable to the revealed will of GOD.
IV. Every person within this commonwealth ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property or character : he ought to obtain right and justice freely, and without being obliged to purchase it ; com- pletely and without any denial ; promptly and without delay ; conforma- bly to the laws.
V. Thit the people of this State, by their legal representatives, have the sole, exclusive and inherent right of governing and regulating the in- ternal police of the same.
VI. That all power being originally inherent in, and consequently de- rived from, the people ; therefore, all officers of government, whether legislative or executive, are their trustees and servants, and at all times, in a legal way, accountable to them.
VII. That as civil government is, or ought to be, instituted for the common benefit, protection and security of the people, nation or com- munity, and not for the emolument of any individuals, who are a part. only of that community, the people, collectively considered, have a right to alter and reform their government, in such manner as shall, by them, be judged most conducive to the public weal.
VIIi. That those who are employed in the legislative and executive business of the State, may be restrained from oppression, the people have a right, by their legal representatives, to enact laws for reducing their public officers to a private station, and for supplying their vacancies, in a constitutional manner, by regular elections, at such periods as they may think proper.
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