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 63
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# See page 442.
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COUNCIL OF CENSORS.
to impose a small tax on polls, not minors, for personal protection ;) and every deviation from this rule, whether to exculpate one class of men, or to harrass another, is an error in government, and ought to be exploded our future system of taxation.
One branch of the duty assigned this Council is to enquire " in what manner the public monies have been disposed of." In discharging this part of the trust reposed in us, we cannot omit mentioning the dissipation of a considerable part of the public lands in this State, at so early a pe- riod that settlements could not be inade, and in most cases were not stip- ulated to be made, before the conclusion of the war ; and at a time when actual surveys could not be performed : by which means an ample foun- dation is laid for the confusion proceeding from interfering grants-a door open for a variety of lawsuits, and applications to the Legislature to pro- cure compensation for lands which the grantees are unable to hold ; and the public is deprived of a fund, which, if rightly managed, would prob- ably defray the ordinary expenses of government. The ungranted and confiscated lands seem to have been a boon conferred by providence, for the support of our republic in its infancy, while its subjects were unable to pay taxes : yet the first septenary has seen the whole, or nearly the whole of them, squandered ; and the inhabitants will have reason to think themselves peculiarly fortunate, if they yet escape paying considerable sums on account of them. Ilow far the peculiar difficulties the State has been obliged to struggle through, ought to excuse this lavish disposition of the public property, must be decided by you, to whom all officers are mediately, or immediately, accountable for their conduct.
This Council is not insensible that the freemen look to this Board for information, with respect to the confiscation and sale of the estates of persons who joined the enemy ; and are unhappy, that, after obtaining all the light in our power, we think it most prudent to refer them to such report as the auditors shall make on this subject. And we are also un- happy, that, being destitute of a complete state of the public accounts from the auditors, (which we have repeatedly requested of them) it is out of our power to make further enquiries in what manner the public mon- ies have been disposed of. Nor ought this Council here to omit noticing that the General Assemblies, previous to February, 1784, are, in the idea of this Council, highly censurable for omitting to enact laws adequate to compel the annual liquidation of the public accounts : and that the Coun- cil are not free from blame for the appointment, and continuance of per- sons in office of great public trust, who did not keep regular books : by which means (we conclude, from the information of those auditors who have taken an active part in the business) several public accounts of a very important nature, can never be properly adjusted ; and the default- ers of unaccounted thousands will probably reserve them for their families.
We have now, in an imperfect manner, finished the important and in- vidious task allotted this Council-censuring the proceedings of the su- preme legislative and executive branches of government, composed of gentlemen of the best characters, and greatest influence, in the common- wealth. A principle of duty has led us to speak our sentiments with a
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ADDRESS OF THE COUNCIL OF CENSORS.
freedom, which, we are not insensible, will be disagreeable to many : but as we have been actuated solely by a desire of contributing our mite to the honor and felicity of the community, and are conscious of no sinister or personal motives in our proceedings, we cheerfully submit our opin- ions to your candid consideration ; . and if we are so unhappy as mate- rially to differ in sentiment from that respectable body, the freemen of the State of Vermont, we must console ourselves with the pleasure of having meant well. and that it is the lot of humanity to err.
By order of the Council of Censors,
INCREASE MOSELEY, President.
Bennington, 14th February, 1786.
PROCEEDINGS
OF THE
SECOND COUNCIL OF CENSORS.
THE compiler had not intended to exhibit any further view of the pre- ceedings under the 44th section of the Constitution, than is presented in those of the first Council of Censors ; but, on examining the Constitu- tion, as revised by the second Council, in the year 1792, it is found to contain several proposed amendments, which it is deemed important to preserve. The compiler has thought it unnecessary, however, to encum- ber this collection with an entire copy of that Constitution ; believing that every important purpose may be answered by the following abstract of those provisions which materially vary from the Constitution now in force.
LEGISLATIVE POWER.
1
The Council proposed that the supreme legislative power should be vested in a Senate and House of Representatives :- that, for the first septenary, the Senate should be composed of members from, and to be elected by, the several counties, as follows, viz :- Bennington and Orange counties, each, two; Windham, Windsor, and Rutland, each, three ; Ad- dison and Chittenden, each, one, and every new county, which might be thereafter organized, one; and that, after the first septenary, each county might elect one senator for every eight thousand souls in such county ; and that any county containing a less number, might elect one. The votes for senators were to be taken on the first Tuesday of September, annually, and returned to, and canvassed by, the judges of the county court .- That the judges of the county courts should be ineligible as sen- ators, and that senators should be incapable of holding any office in the judiciary department.
The House of Representatives, it was proposed, should consist of one inember from each town, containing, at the time of election, forty fami- lies ; and that the freemen of any two or more towns that might, together,
W 3
516
PROCEEDINGS OF THE
contain forty families or upwards, might meet, and elect one represen " tative.
The Senate and House of Representatives were to be styled-The Legislature of the State of Vermont.
To the end that laws might be more maturely considered, &c. it was provided that every bill, having passed the Senate and House of Repre- sentatives, should be presented to the Governor and Council for their ap- probation ; if not approved, to be returned, with the objections, in wri- ting, to that House in which it originated ; and if, on re-consideration, the bill should pass both Houses, it should become a law, notwithstanding the disapprobation of the Governor and Council.
EXECUTIVE.
The supreme executive power was to be vested in the Governor, or, in his absence, the Lieutenant-Governor.
The Governor, or person acting as such, was empowered to commis- sion all officers, and to fill vacancies ; and to exercise all the other pow- ers vested in the Governor and Council by the 18th section of the first Constitution ; except that of judging in cases of impeachment.
An advisory Council, consisting of four, were to be annually elected by the Senate and House of Representatives, in the same manner as judges of the supreme court were to be elected; who were to meet with the Governor, at every session, " to advise with him in granting pardons; remitting fines, laying embargoes, revising bills," &c.
All commissions were to be signed by the Governor, and attested by the Secretary of State.
POWER OF APPOINTMENT.
Either House of the legislature were authorised to " nominate or elect," by ballot, judges of the supreme court, county courts, and courts of pro- bate, major, and brigadier, generals, Secretary of State and sheriff's ; and, without ballot, to " nominate or elect" justices of the peace ; and trans- mit such nominations to the other House, for their approbation. If the other House should approve, the election was thereby consummated. If they should not approve, they were to make a nomination and transmit it to the House in which the nomination originated ; and if both Houses could not thus agree, they should proceed to make the election by joint ballot.
Connected with the Constitution, thus proposed to be amended, wr find the following address.
512
SECOND COUNCIL OF CENSORS.
IN COUNCIL OF CENSORS, NOV. 30, 1792. To the Freemen of the State of Vermont :
WE have now the honor to submit to your consideration such amendments in the Constitution of this State, as have appeared to us the most adviseable.
Sensible that experience alone can evince the utility of political in- stitutions, we have directed our attention rather to remedy the few incon- veniences which have been found in the present Constitution, than to in- troduce theoretical improvements, the issue of which might be doubtful, and perhaps might have a tendency, in the end, to mar that political hap- piness which we have already attained.
One inconvemence we conceive to be, the vesting of all legislative power in a single and numerous body. Their numbers, which are ne- cessary, in order fully to comprehend all the national interests, passions, manners and sentiments to which laws ought to be adapted, tend to en- cumber discussion and subject such legislatures frequently, to hasty and crude determinations. This, we have apprehended, to be a principal reason, why so many amendments, explanations, and alterations, have been constantly found necessary, in our laws. To remedy these incon- veniences, by introducing a more deliberate discussion, in the proceedings of the legislature, we have proposed the addition of a Senate, who shall have distinct power, and an equal voice, in all affairs of legislation. To facilitate their deliberations, they are to be less numerous than the House of Representatives : we have taken care, nevertheless, that the Senate shall be, in the fullest sense, representatives of the people, and amena- ble to them, for their conduct, as much as the members of the other branch; and have so provided for their election as to give a different combination, and a more collective view, of the interests which they represent :- this we conceive, will introduce more deliberation into the business of legislation, and give to each branch, an opportunity of cor- recting many errors, which may otherwise escape attention.
We have thought it inconsistent with the principles of a free govern- ment, that the executive should have a negative on the proceedings of the legislature ; nevertheless, as the executive have an opportunity of ob- serving all difficuties, which arise in the execution of laws, and are the centre of information, upon that subject, we judge it necessary, that the legislature should be availed of such information :- we therefore pro- pose, that all acts, before they pass into laws, shall be laid before the ex- ecutive for revision : they are, however, to make no leading proposi- tions, but simply to state their objections, if any they find, with their reasons, in writing, to the legislature ; who still are to have the sole pow- cy of passing laws.
The other amendments are such, as, we are induced to believe, will better explain the several articles, and prevent the passing ex post facto laws, and make the practice, in the different branches of goverement, more uniform.
In examining the proceedings of the legislative and executive depart- ments of this government, during the last septenary, we are happy to
518
ADDRESS OF SECOND COUNCIL OF CENSORS.
find no proceedings which we judge unconstitutional or deserving of censure.
The several taxes, in our opinion, have been justly laid ; except where the legislature have doomed, in a few instances, towns, more than the amount of their lists, as returned by their listers; which has thrown an unequal burthen on the collectors of those towns .- The public monies, we find, have been expended with economy ; and the several taxes, have been, generally collected.
On a retrospective view, it gives us pleasure to observe, the many val- uable improvements which have been made in this government, since the first formation, and the mild and equal energy, which, by such improve- ments, has been added to the administration, and the increasing happi- ness of the citizens, in the security of their rights.
It has been our anxious endeavor, to aeld something to those improve- ments .- Our arrangements, on this head, we now submit, to the consid- eration of an enlightened community; to judge of their tendency, whether they are calculated in whole, or in part, to add any thing, to the improvement of our present system, to give a further security to the rights, and an increase of happiness to the people.
By order of Council,
SAMUEL KNIGHT, President.
Attest, Ros. HOPKINS, Secretary.
Note .- The second Council of Censors consisted of the following members, viz :- DANIEL BUCK, - BRIDGEMAN, BENJAMIN BURT, ELIJAH DEWEY, JONAS GALUSHA, ANTHONY HASWELL, ROSWELL HOP- KINS, SAMUEL KNIGHT, BERIAH LOOMIS, SAMUEL MATTOCKS, ELIJAH PAINE, ISAAC TICHENOR, JOHN WHITE.
MISCELLANEOUS.
RECORDS OF THE SUPREME COURT .*
STATE OF VERMONT-Bennington, 10th December, 1778.
THIS day met the Supreme Court for said State, in the Council-cham- ber at Bennington half shire, in the house of Mr. Stephen Fay in said town. agreeable to an act of the General Assembly of said State, made and provided for that purpose.
Present :- The HON. MOSES ROBINSON, Esq. Chief Judge.
JOHN FASSETT, JUN. and THOMAS CHANDLER, JUN. Esquires.
Having, each of them, taken the necessary oaths of office, proceeded to the choice of a Clerk for said Court, agreeable to Constitution; at which time JOSEPH FAY, Esq. was appointed and sworn Clerk of said Court. The business of the day being referred, adjourned to 10 o'clock to-morrow.
December 11, 1778.
Met according to adjournment. Having opened said Court by pro- clamation, in due form, proceeded to call for the several Justices of the Peace for the county of Bennington half shire, and other officers having any recognizances, to deliver them to the Court, that the persons bound over to said Court might come to trial ; among which was found a com- plaint of William Griffin against Jacob Galusha, for fraudulently taking and detaining from him a certain white horse, being the property of the plaintiff .- William Griffin, plaintiff, and Jacob Galusha, defendant, be- ing duly called, answered, and appeared in Court, and joined issue in the case depending. The defendant pleading for an adjournment of said case, for the want of material evidence, the same was granted, and ac- cordingly adjourned the trial of said case to the third Thursday of Feb- ruary next, at 10 o'clock of said day ; to which time this Court now is adjourned, then to be holden at this place.
Attest,
JOSEPH FAY, Clerk.
STATE OF VERMONT-Bennington half shire County, Dec. 14, 1778. At a special Supreme Court, called on special occasion, for the trial of
* The cases embraced in the records here given, have been selected from the carties! records of the Supreme Court.
550
RECORDS OF THE
who stands charged with enemical conduct against this and the United States of America, by going over and joining the enemies thereof ;- the prisoner being called was accordingly arraigned it the l. u., who plead guilty of the crime alledged against him, and prayed the mer- cy of the Court.
. The HON. MOSES ROBINSON, Esq. Chief Judge ; JOHN FASSETT, JUN. THOMAS CHANDLER, JUN. and JOHN THROOP, Esquires, being present, as also The HON. JONAS FAY, Assistant.
Having taken the case of the prisoner into consideration; having heard the plea of the prisoner, the evidences, and duly considered every attending circumstance relative thereto, do judge and order that the pris- oner, , be banished and transported within the enemics lines at Canada, and to depart this State, on or before the 10th day of L'ebru- ary next ; and to proceed within the enemies lines, without delay, never more to return within this, or the United States of America, on penalty of being, on conviction thereof, before any court or authority proper to try him, whipped on the naked back, thirty and nine lashes ; and the same number of lashes to be repeated once every week, during his stay :- paying cost, and to be held a prisoner in the custody of John benjamin, Esq., sheriff, in and for the county of Cumberland, -- who is hereby strictly commanded to see this sentence duly performed.
Attest, JOSEPHI FAY, Clerk.
Having finished the necessary business to be done at this Court, order- cd that the same be, and it is hereby dissolved.
Per order, JOSEPHI FAY, Clerk.
STATE OF VERMONT-Bennington half shire, Feb. 18, 1779.
This day the Superior Court for said State, met at this place, accord- ing to adjournment.
Judges present :- The HON. MOSES ROBINSON, Esq. Chief Judge. JOAN FASSETT, JUN. THOMAS CHANDLER, JUN. Esquires.
The Court being opened by proclamation, in due form, according to time and place, having resumed, each one, his seat, the several Justices of the Peace, and other officers for the county and half shire of Benning- ton, being requested to deliver to the Court any and all bonds of recog- nizance of any persons bound to said Count :--
The case of William Griffin, plaintiff, and Jacob Galusha, defendant, which stood adjourned to this session, being called to trial; at which time, the defendant not appearing, neither in person, or by his attorney, was called off in default.
It is, therefore, the judgment of this Court, and they do hereby judge and order, that a certain white horse, now in the custody of the sheriff,
* In copying these records, the names of several į eisous have been omitted, for the ! casons mentioned in the note, page 355.
551
SUPREME COURT.
the property of William Griffin, be delivered up to the said Griffin, and that the defendant pay cost.
Attest, JOSEPHI FAY, Clerk.
Recording judgment, £0 60
Judgment on default, 0 18 0
Sheriff and constable's fees, 1 2 (
Plaintiff's costs, as per bill, 10 6 0
£12 6 9-discharged by the defendant. Jacob Galusha, by his attorney, petitions this Court to grant a review of the case in which he was this day called out in default. Adjourned to 9 o'clock, to-morrow morning.
Feb. 19, 1779.
The petition of Jacob Galusha, praying a review of the case in which he was yesterday called out in default, on paying cost, being granted :- William Griffin, who obtained judgment by default, being notified by the sheriff, the parties personally appeared before this Court, and joined issue accordingly ; upon which the Court proceeded to trial.
Having taken the case now depending, relative to a certain horse, in dispute, as by complaint may appear on file, and having duly considered the same, the evidences and every attending circumstance relative there- to, do judge the said horse to be the just property of the said Griffin, and order the said horse to be delivered by the sheriff, to the plaintiff,- the defendant paying cost.
Present :- The HON. MOSES ROBINSON, Esq. Chief Judge ; JOHN FASSETT, JUN. E'sq. and The HON. TIMOTHY BROWNSON, Assistant.
Attest,
JOSEPHI FAY, Clerk.
Entering case,
£0 1 .- 6
Trial,
2
0
Recording,
0
Attornies' fees,
1 4 0
Plaintiff, one day attendance,
0 12 0
Fifty miles travel, -
- 2 10 0
£7 4 6-cost discharged.
At an adjourned Superior Court, holden at Westminster, in the county - of Cumberland, on the 26th day of May, A. D. 1779 :-
Present :- MOSES ROBINSON, Esq. Chief Judge.
JOHN SHEPARDSON, JOHN FASSETT, THOMAS CHANDLER, JOHN THROOP, Esquires,
Side Judges of the same.
STEPHEN R. BRADLEY, Esq. was appointed Clerk of said Court, and sworn to a faithful discharge of that office.
STEPHEN R. BRADLEY and NOAH SMITH, Esquires, were appointed attornies at law, sworn and licenced to plead at the bar within this State.
552
RECORDS OF THE
NOAH SMITH, E'sq. was appointed State's attorney within and for the county of Cumberland, pro tempore.
Freemen of Vermont versus Nathan Stone.
Noah Smith, States' attorney within and for said county, exhibited com- plaint against Nathan Stone of Windsor, in said county, that said Stone did, on or about the 15th of March, last past, at Windsor aforesaid, utter and publish, in the hearing of many good and faithful subjects of this State, these reproachful and scandalous words of the authority, to wit ;- God damn you (meaning the high sheriff of said county, John Benjamin, Esq.) and your Governor, (meaning his Excellency the Governor of this State) and your Council (meaning the Honorable Council of this State ;) which opprobrious language was a violation of the law of the land ;- as per complaint on file, dated 26th May, 1779.
The said Nathan Stone being brought before this court, plead guilty to said information and put himself upon the court.
Whereupon said court gave judgment that the said Stone pay a fine of £20 0 L. M. to the Treasurer of this State, and cost of prosecution taxed at 2 12 L. M.
£22 12-judgment settled.
At a superior court holden at Rutland, in the county of Bennington, on the 2d Thursday of June, A. D. 1779.
Present :- MOSES ROBINSON, Esq. Chief Judge, JOHN FASSETT, THOMAS CHANDLER, Esq's. side Judges of the same.
JOHN THROOP,
NATHANIEL CHIPMAN, Esq. was appointed attorney at law, sworn and licenced to plead at the bar within the State.
NOAH SMITH, Esq. was appointed States' attorney within and for the county of Bennington.
Freemen of Vermont versus Hilkiah Grout.
Noah Smith, States' attorney within and for said county, exhibited complaint that Hilkiah Grout, of Weathersfield, in the county of Cum- berland, was guilty of conspiracy and treasonable conduct against the ~ State, in that he came to Shrewsbury, on or about the 17th of February, last past, and did then and there assume the authority of a justice of the peace, and take upon himself to administer oathis to several persons, not being properly authorised or commissioned to do the same ;- all which wicked conduct was a flagrant violation of the law of the land ;- as per complaint on file, dated the 10th of June, :779.
The said Hilkiah Grout being brought before the court, plead not guilty to the complaint, and put himself upon the country.
The jury empannelled and sworn by said court were who returned their verdict that said Grout was guilty of the crime whereof he stood complained of.
* Here follows, in the record, the names of the jurors which, for the sake of brevity, we have omitted.
553
SUPREME COURT.
Whereupon the court sentenced said Grout to pay a fine of £120 00 To the Treasurer of this State, and cost of prosecution taxed at . 61 14
Execution granted June 12th, 1779. £181 14
versus
, of Pollett, in said county, exhibited a petition to said court, setting forth that Pliœba, heretofore his lawful wife, had been taken in adultery, in the very act,-therein praying for a bill of divorce, as the law directs.
The Court having heard the evidence, and fully considered the cause, are of opinion that the petition and allegations therein contained are proved-and therefore gave judgment that said - have granted him a bill of divorce, in the following words, viz :---
By virtue of authority granted to this superior court, grounded on the sure and unerring word of GOD, we have thought fit, in consequence of Phoba, heretofore your lawful wedded wife, being taken in adultery, with -, to divorce and release you the said - from the said Phiœba ; and do hereby release you from that most sacred obligation contained in the marriage covenant, and from all and singular the effect or effects thereof, and separate you the said - from the said Phiceba in every re- spect wherein the marriage covenant had joined you, and each of you, together-You are, therefore no more one, but twain. What the laws of Gop and man have put asunder, let no man join together.
In witness whereof we have caused the clerk of this our superior court to sign our bill, and affix the seal of our court, at &c.
At a superior court holden at Bennington in the county of Bennington, on the first day of July, 1779.
Present :- MOSES ROBINSON, Esg. Chief Judge. JOHN FASSETT, Esq's. side Judges of the same. JEREMIAH CLARK,
Noah Smith, States' attorney within and for said county, exhibited in- formation to said court, that -, and - -
- -, all of Claridon in said county, had, some time between the first and twentieth of May, last past, been guilty of harboring and concealing ---- and
, formerly of said Claridon, who had before gone and joined the open enemies of this, and the United States; all which was a viola- tion of law and contrary to the form of a statute law of this State ;- as per information on file may appear.
The delinquents being brought into court, and put to plead, - pleads not guilty, but - and pload guilty, and put themselves upon the court for trial .- The court having heard the evidence and fully considered the cause, gave judgment that said delinquents are guilty, and that said delinquents pay a fine of £1000 pounds each, to the Treasurer of this State, and cost of prosecution, taxed at $164 : 8, and stand committed 'til judgment be satisfied.
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