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A MEMOIR 
 
 OF 
 
 THOMAS CHITTEIDEI, 
 
 THE FIRST GOVERNOR OF VERMONT; 
 
 WITH A HISTORY OF THE CONSTITUTION 
 DURING HIS ADMINISTRATION. 
 
 By DANIEL CHIPMAN, LL. D. 
 
 MIDDLEBURT : J 
 PRINTED FOR THE AUTHOR. 
 
 1849. 
 
- sa 
 
 
 Entered according to Act of Congress, in the year 1849, 
 
 by Daniel Chipman, in the office of the Clerk of the 
 
 District Court for the District of Vermont. 
 
 .»• 
 
CONTENTS . 
 
 Page* 
 . V. 
 
 Preface, 
 
 CHAPTER I. 
 
 His Birtli —His ScltleHieTitin Salisbury.--The Governors 
 of New" York and New Hampshire both make grants 
 of lands in the territory bow included m the State ot 
 Vermont --Col. Chittenden removes to the iSew Hamp- 
 shire Grants.— Driven from his farm m 1676 9 
 
 CHAPTER 11. 
 
 The first Constitution of Vermont -a copy of the first 
 Constittition of Pennsylvania, with some alterations ^^ 
 
 and additions 
 
 CHAPTER III. 
 
 Congress recommends to the several States to form gov- 
 ernments for themselves.-Pormatioii of he first Con= 
 stitutions of New Hampshire and Perinsylvania.-The 
 first Constitutions of the different States wied as 
 the'r Colonial Governfiients had yaried,--Extiacts 
 from fhe charter of Gov. Penn.-History of the first 
 Constitution of Pennsylvania and the formation of a 
 new Constitution 
 
 CHAPTER IV. 
 
 The first section in the Bill of Rights in the Constitution 
 of Pennsylvania so amended as to abolish siavery.— 
 Act to prevent the transportation of negroes and rau- 
 lattoes out of the State.-Second section m the Bill of 
 Rights amended.-MiHisterial acts.-Eifteenth section 
 
 amended • • 
 
 CHAPTER V. 
 
 Ratification of the first Constitution of Vermont.-Actg 
 of the Legislature making the Constitution a law of 
 the State.-Extracts from Vt. State Papers.-Addrcss 
 of the Council of Safety to the people -"^ 
 
 5t 
 
 81 
 
Vlll. CONTENTS. 
 
 CHAPTER VI. 
 
 The last section of the Constitution, providing for a CoutJ- 
 cil of Censors, originated in a want of confidence in 
 the Government Avhich they had instituted.— Expen- 
 sive mode of amending the Constitution.— Mode of a- 
 mending the Constitution in Kentucky and Missouri. 
 Extract from Chipman's Principles of 'Government. . . 114 
 
 CHAPTER Vn. 
 
 Little regard paid to the Constitution in the first Sep- 
 tenary.— Address of the Council of Censors to the peo- 
 ple, at the close of their deliberations 142 
 
 CHAPTER VIII. 
 
 Amendment of the 4th section in the Bill of Rights, and 
 of the 16th section in the Frame of Government.— The 
 Assembly denied the right of the Council to originate 
 bills.— They pass suspendsd bills without sending them 
 to the Governor and Council.— Vermont acceded to 
 the Union.— Council of Censors elected at the end of 
 the second Septenary.— They proposed amendments 
 and called a Convention.— Resignation and death of 
 Gov. Chittenden 171 
 
 CHAPTER IX, 
 
 Origin of Civil .Government.— The powers of Govern- 
 ment necessarily vested in individuals, until the peo- 
 ple are capable of Self-Government.— The people of 
 the British American Colonies organized the first 
 Civil Government founded on the sovereignty of the 
 people, the natural government of civilized man, and 
 it will be extended through the world 194 
 
 APPENDIX. 
 
 NO. I. 
 
 Note to Page '118 207 
 
 NO. II, .Jt 
 
 Letter of Gov. Chittenden to Gen. Washington 208 
 
 NO. III. 
 
 Representation in the several States 215 
 
 
PREFACE. 
 
 # 
 
 The biography of Governor Chittenden is not so full as the 
 reader may have expected to find it ; but he will consider that 
 his occupalion was that of a farmer, and that although he 
 was an enterprising, industrious, economical, and, of course, 
 a successful and wealthy farmer, yet as agriculture had not 
 during; his life been raised to the rank of a science, or attract- 
 ed any public attention, his occupation could afford but lit- " 
 tie matter for biography. Had he lived in these days of ag- 
 ricultural improvement, he would have been conspicuous a- 
 monff those individuals, who have devoted their time and their 
 talents to the improvement of agriculture, and would have 
 furnished much useful and interesting matter for history and 
 
 biography. 
 
 His government, too, being rather patriarchal than consti- 
 tutional, afforded little matter for an extended biography. 
 In portraying his public character, therefore, I have been 
 compelled to rely principally on the difficult task he had to 
 perform, in organizing and administering the government, 
 and the manner in vs^hich he performed it ; stating, as far as 
 recollection and the traditionary account of those times would 
 enable me to do it, the peculiar traits of his character, which 
 fitted him to perform it so well. 
 
 Until after the work was copied for the press, the charge of 
 criminality against Gov. Chittenden and his compatriots, in 
 th'iir secret negotiation with the British authorities in Cana- 
 
VI. PREFACE. 
 
 da. escaped my notice. This was natuiral, as I knew the 
 charge to be unfounded. When I wrote the life of Judge 
 Chipman, I noticed the charge, making a concise statement 
 of the facts in the case, but afterwards finding that Col. Stone 
 had, in his life of Brant, made the charge at length, with a 
 detail of the evidence in support of it, I felt it to be my duty 
 to insert a refutation of the charge, which occupied a number 
 of pages. I cannot think of swelling this work by inserting 
 that refutation, but I insert in the Appendix a letter from 
 Gov. Chittenden to Gen. Washington, by which the reader 
 <will be satisfied that Gov. Chittenden kept Washington in- 
 formed of that negotiation during its progr>ess. 
 
 Eijpton, T7., December 17, 1849. 
 
MEMOIR OF CHITTENDEN, &C. 
 
 CHAPTER I. 
 
 His Birth— His Settlement in Salisbury— The Governors of 
 New York and New Hampshire both make grants of lands 
 in the territory now included in the State of Vermont- 
 Col. Chittenden removes to the New Hampshire Grants- 
 Driven from his farm in 1776. 
 
 Thomas Chittenden was born in East Guil- 
 ford, in the then Colony of Connecticut, on the 
 6th of January, 1730. Of his ancestors, noth- 
 ing is known, except that his parents were respect- 
 able, but moved in the ordinary walks of life. 
 His father was a farmer, and the subject of this 
 memoir labored on the farm, being allowed only 
 the advantages of a common school education. 
 
 In the 18th year of his age, being too full of 
 enterprise and resolution to be confined within the 
 narrow circle within which he seemed to be des- 
 tined by his education and fortune to move, he en- 
 gaged ia a voyage to the West IndieSo In this 
 
 2 
 
 -^ 
 
10 MEMOIK OF 
 
 enterprise, he was unfortunate. The mother coun- 
 try being at war with France, he was captured by 
 a French vessel of war, and landed on a West 
 India island, without money, and without friends. 
 In this condition, he was left to find his way home, 
 which, after a series of suiFering and fatigue, he 
 accomplished. After this unfortunate voyage, a 
 sailor's hfe had no charms for him, and he deter- 
 « mined "never again to leave his plough, to go 
 ploughing on the deep." He accordingly contin- 
 ued on the farm with his father, until the 4th of 
 October, 1749. About this time, he married Eliz- 
 abein Ivleigs, and soon after removed to SaUsbury, 
 in Connecticut. He thus made a Yankee settle- 
 ment, married early, and began to move. The first 
 settlement in the town, by the English, commenced 
 £ibout the year 1738, and the town was organ- 
 ized in November, 1741. This northwestern 
 part of Connecticut, watered by the Housatonic 
 river, and lying west of the Green Mountain 
 range, remained a wilderness many years after 
 the other parts of the colony had been settled. 
 A fear of the Indians had prevented a settlement 
 in this quarter, until the population in the older 
 p^Tts of the Colony had become somewhat 
 crowded, and notwithstanding it was considered 
 
THOMAS CHITTENDEN. H 
 
 a perilous undertaking to move a family into 
 the remote wilderness of Salisbury, yet, there 
 were in the older settlements so many men of 
 enterprise and resolution, anxiously seeking a 
 wider range for their exertions, that the town 
 settled rapidly. And as the inhabitants display- 
 ed all that energy peculiar to new settlers, re- 
 taining their Puritan habits of economy, they 
 soon became independent farmers. Coming as 
 they did from different parts of New England, 
 where customs and habits of thinking somewhat 
 different had prevailed, and uniting in the form- 
 ation of a new society out of these different ma- 
 terials, their minds were invigorated, and they 
 naturally obtained a more enlarged and just view 
 of men and things. 
 
 During the first half century, there were but 
 few men of public education in the town, but 
 there were a number of self made, well-educated 
 men, who were distinguished as public men in 
 the county and in the Colony. 
 
 Judge Church, in his address delivered at the 
 centennial anniversary of the organization of the 
 town, in November, 1841, remarks: "It is a 
 just occasion of pride in any community, that it 
 has sent forth from its members to other regions 
 
12 MEMOIR OF 
 
 men of eminence and usefulness, and perhaps 
 the town of Salisbury, retired and obscured as it 
 is, has furnished other sections of the confedera- 
 cy her full proportion of distinguished men." 
 And in designating the individuals of this class, 
 "with great propriety, he places Thomas Chitten- 
 enden at the head of the list. That the inhabit- 
 ants of the town placed him among their first citi- 
 zens, is evident from the fact, that he represent- 
 ed the town in the Legislature, in the years 
 1765, '6Q, '67, '68, '69 and '72. He was also 
 Colonel of a regiment of militia, and a Justice 
 of the Peace, until he removed from the town. 
 This last was, at that time, an office of distinc- 
 tion, for, during the whole century, after the or- 
 ganization of the town, thirty-five individuals on- 
 ly were in the commission of the peace. 
 
 The French province of Canada having been 
 ceded to Great Britian by the treaty of 1763, 
 all danger from the Indians was removed, and the 
 New Hampshire Grants were open for settlement. 
 The Governor of New Hampshire, claiming ju- 
 risdiction as far west as the present west line of 
 Vermont, granted a great number of townships 
 'west of Connecticut river. Col. Chittenden and 
 some of his sons were grantees in several of 
 
TUOMAS CHTTTENDEX. I'i 
 
 tliese townships. The Governor of New York 
 claimed jurisdiction over the same territory, and 
 granted a considerable portion of the same lands, 
 treating the New Hampshire grants as utterly 
 void. 
 
 The grantees under New Hampshire made 
 settlements in many of the townships, on both 
 sides of the Green Mountains. In the year 
 1764, the King decided the controversy between 
 the two Governors, so far as to give jurisdiction 
 of the territory in question to New York. 
 
 By this decision, the Governor of New Y'ork 
 considered that the grants which had been made 
 by the Governor of New Hampshire were null 
 and void, and he required the grantees under 
 New Hampshire to surrender their charters, and 
 take Confirmation charters under New York, on 
 payment of granting fees, to a large amount. 
 
 With this requisition the settlers on the east 
 side of the Mountain generally complied ; paid 
 the granting fees ; took out Confirmation charters ; 
 and were quieted in their possessions ; but the 
 settlers on the west side of the Mountain called 
 a convention, by which it was made penal for any 
 one to take a Confirmation charter under New 
 York. Actions of ejectment Tvere brought against 
 
14 . MEMOIR OF" 
 
 the New Hampshire settlers bj the grantees un- 
 der New York, before the Courts at Albany, in 
 which judgments were rendered in favor of the 
 plaintiffB, who took out writs of possession, and at- 
 ^tempted to execute them ; but in every instance, 
 the settlers made forcible and successful resist- 
 ance, and remained in possession of their farms. 
 This state of things continuing, the settlements 
 under New Hampshire, on the west side of the 
 Mountain, rapidly increased, and the settlements 
 under the Confirmation charters, on the east side 
 of the Mountain, increased as rapidly. Great 
 numbers emigrated from Salisbury to the New 
 Hampshire Grants on the west side of the Moun- 
 ^ tain. They were perfectly prepared for another 
 remove into a new country. They were in the 
 prime of life ; they had brought their farms into 
 a high state of cultivation for those times ; had 
 acquired most of the conveniences which they 
 desired ; and seeing little room for the improve- 
 ment of their condition, they felt a want of that 
 peculiar excitement which had rendered them so 
 happy in their new settlement, and a strong de- 
 sire to live their lives over again, in another new 
 settlement, on the New Hampshire Grants. 
 Col. Chittenden, having procured all the con- 
 
THOMAS CHITTENDEJT. 15 
 
 venlences of life, and having no taste for luxu- 
 ries, became, with his neighbors, dissatisfied with 
 Jiis condition, and determined to remove to the 
 New Hampshire Grants. Accordingly, he join- 
 ed with his neighbor, Jonathan Spafford, in the 
 purchase of a large tract of land in Willis ton, on 
 Onion River, which they divided in such a manner 
 as to make each a most valuable farm. 
 
 In the month of May, 1774, Col. Chittenden 
 removed his family onto the land which he had 
 purchased in WilHston, without having prepared 
 any shelter for them. But, by his native energy, 
 his untiring industry, and ample means, he soon 
 placed them in a comfortable situation, and rapid- 
 ly cleared his rich alluvial land, which produced 
 Indian corn and other grain in such abundance, 
 that, at the end of two years, he had an ample 
 supply of provisions for his family, and a surplus 
 for others, and nothing seemed wanting to yield 
 liim, in full measure, the pecuhar happiness of a 
 new settler. But, on the retreat of the Ameri- 
 can army from Canada, in the spring of 1776, by 
 which the settlers on Onion River were exposed 
 to the incursions of the enemy, his bright pros- 
 pects of peace and happiness were suddenly chang- 
 ed. He was forced to "leave the reaping of 
 
16 MEMOIR OF 
 
 AViieat fur tlie reaping of foes," — but his native 
 energy did not forsake him for a moment. He, 
 ^vith two of his neighbors, immediately repaired 
 to Philadelphia, to ascertain "what were the de- 
 siscns of Congress in relation to the defence of the 
 jS^orthern frontier. The result was, that Congress 
 could provide no protection for the inhabitants in 
 that quarter, and hard as it was for him to leave 
 his farm, which was so dear to him, yet, the idea 
 never entered his mind to submit to the enemy to 
 save his property, but he at once prepared to re- 
 move to the south part of the Grants, The whole 
 family, including women and children, went on 
 foot, by marked trees, through Middlebury to 
 Castleton, their provisions and clothing being car- 
 ried on two horses. They arrived safely at Cas- 
 tleton, and proceeded thence to Danby, where 
 Col. Chittenden purchased or rented a farm, in 
 the south part of the town, near the foot of the 
 Mountain. He resided on this farm until Ticon- 
 deroga was evacuated, in July, 1777, when he re- 
 moved to Pownal, where he resided at the time of 
 Bennington battle. Soon after this, he removed 
 to Williamstown, Mass. 
 
 The Council of Safety, of which Col. Chittenden 
 was President, held a perpetual session in Benning- 
 
THOMAS CHITTENDEN". IT 
 
 ton, from about the middle of July until after the 
 capture of Burgoyne, when he purchased a farm 
 in Arlington, on which he resided until 178T. 
 
 It has been justly remarked that, in every 
 important crisis in human affairs. Providence 
 raises up men peculiarly fitted for the exigences 
 of the times. This is strikingly verified in the 
 early history of Vermont. When a people are 
 assailed, and compelled to take arms in defence 
 of their rights, the public and individual interest 
 become identical. Thus, when New York claimed 
 not only jurisdiction over the New Hampshire 
 Grants, but the right of soil — the farms on which 
 the settlers lived — the whole people united, and 
 selected their most able and efficient men for 
 their leaders, Ethan Allen, Seth Warner, and 
 Kemember Baker, for their military leaders, and 
 Samuel Robinson, Jonas Fay, and others, to act 
 in concert with them, and they were successful, 
 as a brave and united people ever are, in de- 
 fence of their rightful possessions. Mankind 
 have ever considered their domicils, their fire- 
 sides, as sacred, and worthy the protection of the 
 gods, hence the Penates, the household gods of 
 the ancients. 
 
 When the Green Mountain Boys had achieved 
 3 
 
18 MEMOIR OF 
 
 their independence, they had a far mare difficult 
 task to perform. It was necessary for the people 
 to estabhsh civil government, and become submis-' 
 sive to the laws. This was considered at the time^ 
 by all intelligent men, as a difficult and hazardous 
 undertaking. The people had, for so long a time^ 
 successfujly resisted the authority of New York^ 
 the only authority attempted to be exercised over 
 them, that they had, in some measure, lost their 
 Puritan habits of submission to lawful authority^ 
 and respect for the magistrates. 
 
 In this state of things, to form a constitution 
 adapted to the situation, temper, and habits of the 
 people, and to establish a code of laws, shackling 
 them with no more regulations than they would 
 bear, and at the same time calculated to bring 
 them into a habit of submission to lawful authori- 
 ty, required for a leader, not only a wise patriot, 
 but a man having a peculiar tact in exerting an in- 
 fluence on the minds of men, and inducing them 
 to follow his lead. 
 
 At this critical period of our affairs. Col. Chit- 
 tenden, who, as we have seen, came into the 
 Grants a short time before, just in season to be- 
 come generally known, was at once selected as a 
 leader in all civil affairs. He was a member of 
 
THOMAS CHITTENDEN. 19 
 
 the convention liolden at Dorset in September, 
 1776, for the purpose of taking into consideration 
 the expediency of declaring Vermont an independ- 
 ent State. And at a subsequent meeting of the 
 convention, at Westminster, he was a member of 
 the committee who drafted the declaration of in- 
 dependence, and also a member of the committee 
 appointed to petition Congress to acknowledge the 
 independence of the State. He was also a lead- 
 ing member of the convention holden at Windsor, 
 on the 2d of July, 1777, which formed the first Con- 
 stitution of Vermont ; and, as we have seen, he 
 was President of the Council of Safety, which 
 was vested with all the powers of Government — ■ 
 executive, legislative and judicial — to be exercised 
 until the government should be organized under 
 the Constitution. Those who personally knew 
 Col. Chittenden perceive that he was the master 
 spirit in that body. His sagacity, humanity, and 
 sound discretion, are conspicuous especially in the 
 disposition of the Tories, their estates, and their 
 families. 
 
 He was elected the first Governor, and was con- 
 tinued in that office, with the exception of one 
 year, until 1797. During the whole course of 
 his public Hfe in Vermont, it appeared that he 
 
20 MEMOIR OF 
 
 had been formed, by nature, and by education, 
 purposely for the different stations in -which he 
 was placed. 
 
 He seldonj took one step in reasoning on any 
 subject, but his perceptions were so keen, and his 
 mind so comprehensive, that he took a clear and 
 full view of any subject, however complex, and 
 made a correct decision, intuitively. Ethan Al- 
 len, who published a book entitled " Reason the 
 only oracle of Man ", and who subjected every- 
 thing to the test of his own reasoning, both in the 
 visible and invisible world, used to say of Govern- 
 or Chittenden, that he was the only man he ever 
 knew, who was sure to be right in all even the 
 most difficult and complex cases, and yet could 
 not tell or seem to know why he was so. Govern- 
 or Chittenden being thus entirely practical, pur- 
 suing a course dictated by a clear view of the ex- 
 isting state of things, was never misled by any 
 theories in the science of government and law ad- 
 apted to a people differing in every way from the 
 Green Mountain Boys. Hence he devised the 
 quieting act, an act to secure the settlers in theu' 
 possessions, and supported the tender acts, judg- 
 ing correctly, that they were absolutely necessa- 
 ry to prevent the dissolution of government. He 
 
THOMAS CHITTENDEN. 21 
 
 had a peculiar tact in discovering the disposition 
 of those with whom he conversed, by which he ac- 
 quired an influence that enabled him to carry into 
 effect any measures which he proposed. 
 
 Gentlemen from the other states who transact- 
 ed business with him, expressed their astonishment 
 that he was able to penetrate their designs, and 
 obtain as clear a knowledge of them as they had 
 themselves. One gentleman remarked that he 
 was enabled to do this by his familiar, rapid, and 
 apparently unpremeditated conversation, by which 
 they were thrown off their guard. Gov. Chitten- 
 den, observing that the people, from their peculiar 
 situation, had imbibed a high degree of personal 
 independence, and that each individual consider- 
 ed that his own opinion was deserving of great 
 weight in all pubHc affairs, seldom attempted to 
 induce any one to support any proposed measure 
 by giving his own opinion, and supporting it by ar- 
 guments, but by asking advice, and putting ques- 
 tions so adroitly as to elicit the desired answer. 
 And thus each individual with whom he conversed 
 had the vanity to believe that the Governor was 
 following his advice, that his opinion had prevailed, 
 and he would support it with great earnestness. 
 
 Seldom has any man in public life acquired so 
 
22 MEMOIR OF 
 
 commancllng an influence, and no one ever exert 
 ed his influence as he did without impairing it ; 
 indeed he exerted his influence on certain occa- 
 sions, in such a manner as no other man could 
 Lave done, without putting an end to his influence 
 at once. 
 
 "When presiding as chairman in a joint meeting 
 of the two Houses, for the appointment of county 
 officers, he would oppose the appointment of any 
 one nominated, if he considered him unfit for the 
 office. He, of course, occasionally gave ofience, 
 and excited angry feelings against him, but he 
 had a peculiar faculty to allay those feelings. 
 The following is an instance of this. He and 
 General Spafford had ever been attached friends, 
 and Spafford, being a Representative from the town 
 of Williston, procured in the county convention 
 a nomination of Daniel Stannard, of Jericho, for 
 Justice of the Peace. Governor Chittenden very 
 strenuously opposed his appointment, but his influ- 
 ence failed him on this occasion, and Stannard 
 received the appointment. Governor Chittenden 
 knowing that Spafford was strongly attached to 
 Stannard, who was his brother-in-law, and fearing 
 that he had oftended Spafford by opposing this ap- 
 pointment, took the first opportunity to speak with 
 
(rSOMAS CHWTENDE^. ^3 
 
 Spatford, and said : " Well, you have appointed 
 Stannard a Justice of the Peace, after all.'^ 
 *« Yes/' said Spaflford, " and I think we have done 
 right." "Well, well," says the Governor, "I 
 don't know but you have— he is a strange creature/ 
 I really believe he will make a better Justice of 
 the Peace than I think he will." So in all cases 
 where he had given offence and made an enemy^ 
 he never treated him as an enemy, seeking revenge,' 
 and obtaining what is falsely called satisfaction^ 
 but he treated him with the same familiarity and 
 kindness as before. 
 
 His own kind feelings and good sense had taught 
 him that the beneficent Creator has so constituted 
 man that he is not necessarily rendered unhappy 
 because others have become his enemies ; that if 
 he were thus exposed, his happiness would not de- 
 pend on himself, or his own good disposition and 
 virtuous course of life, but on the good pleasure, 
 or rather, ill-nature of others ; that if any 
 one becomes an enemy to others, actuated by a 
 spirit of revenge instead of kindness, he is neces- 
 sarily unhappy ; and that, therefore, to cherish 
 feelings of kindness to all, doing good to those who 
 hate us, is acting agreeably to the laws of nature. 
 
 Governed by these Christian principles, and 
 
24 MEMOIK OF 
 
 actuated by a disposition, naturally benevoleiit 
 and kind, seeking the welfare of all, no wonder 
 that he acquired a great and enduring popularity. 
 
 His situation, too, at the head of the new gov- 
 ernment, which required constant nursing, pro- 
 duced in him a strong attachment to it, and ex- 
 cited him to constant exertions for its support, for 
 he knew that if the government should be over- 
 thrown, he should become a Governor Dorr. 
 
 From this view of his character and situation, 
 We are able to account for the strong attachment 
 of the people to Governor Chittenden, and for the 
 lingular fact, that when, in the year 1786, a por- 
 tion of the people rose in arms to overthrow the 
 government which they had instituted, they all 
 looked upon Governor Chittenden as their pecu. 
 liar friend, which enabled him to steer the vessel 
 of state through the storm. 
 
 I cannot but hope that I shall meet with the 
 approbation of the reader, if I devote no further 
 portion of the work exclusively to portraying the 
 character of Gov. Chittenden. AYhat has been 
 said will render the following history of the Con- 
 stitution more clear, and more interesting, and 
 that history in which he will so often appear as 
 
* 
 
 THOiMAS CHITTENDEJ^. 25 
 
 tke principal actor will give the reader a raore 
 full knowledge of his character. 
 
 The biography of Gov. Chittenden should have 
 been written by one of his cotemporaries, who act- 
 ed with him during his administration, and inti- 
 mately knew all the traits of his mind and char- 
 acter, and wh-o could have given many personal 
 anecdotes, so interesting in biography, and so im- 
 portant in portraying his character. 
 
 Perhaps Gov. Chittenden would not have been 
 so distinguished in the administration of a govern- 
 ment which had been long established. No man 
 was ever blessed with such a versatihty of talent 
 as to be equally useful in any station. But we al- 
 ways think more highly of a man who has con- 
 structed a compHcated machine, set it in motion 
 by a propelling power of precisely that force which 
 the machine would bear, and put it in successful 
 operation, than we do of an operative who has 
 been taught to tend a machine which has been 
 long in use. 
 
26 MEMOIR OF 
 
 CHAPTER II. 
 
 The first Constitution of Vermont — A copy of the first Con- 
 stitution of Pennsylvania, with some alterations and ad- 
 ditions. 
 
 It has been seen that the first Constitution of 
 Vermont was framed by a convention holden at 
 Windsor, on the 2d day of July, 1777. The 
 convention had gone through -with the constitu- 
 tion, section by section, when the unexpected and 
 startling intelhgence was received of the evacua- 
 tion of Ticonderoga. The attention of all was 
 instantly turned to the security of their families, 
 and the convention broke up without making any 
 provision for printing the Constitution. From 
 this time, the attention of all was diverted from 
 the Constitution to the defence of the country, 
 until after the capture of Burgoyne. In Decem- 
 ber following, the convention met, revised the 
 Constitution, and made preparation for organizing 
 the government in March ^ 1778. 
 
 At that timd, it was generally known that the 
 first Constitution of Vermont was, in substance, 
 a copy of the first Constitution ofJPennsylvania, 
 but this fact seiems to have esC!?J^ the notice of 
 
THOMAS CHITTENDEN. 27 
 
 historians. The address of Dr. Young, of Phil- 
 adelphia, to the people of Vermont, has been pre- 
 served, in which is the following : — " I have rec- 
 ommended to your committee the Constitution of 
 Pennsylvania, as a model, which, with a very lit- 
 tle alteration, will, in my opinion, come as near 
 ' perfection as any thing yet concocted by man- 
 kind. This Constitution has been sifted with all 
 the criticism that a band of despots was master 
 of, and has bid defiance to their united powers. " 
 No wonder there were some political enthusiasts in 
 those piping times, and no wonder that the people 
 of Vermont preferred the Constitution of Pemi- 
 sylvania to any other, for it was supposed to be 
 the work of Franklin. 
 
 As the Constitution of Vermont contained in 
 Thompson's History is not the first Constitution of 
 1778, nor the Constitution as amended in 1786, 
 but the Constitution as amended in 1793, and as 
 it is believed that our first Constitution is no where 
 to be found, except in the Vermont State Papers, 
 I have thought the reader would be pleased to 
 have it inserted in this work. And that he may 
 see at a glance, how far it is a copy of the first 
 Constitution of Pennsylvania, the additions to the 
 latter, and the alterations in it, made in framing 
 
28 MEMOIR OF 
 
 tlie Constitution of Vennont, are enclosed in brack- 
 ets. 
 
 CHAPTER I. 
 
 A DECLARATION OF THE RIGHTS OF THE INHABIT- 
 ANTS OF THE STATE OF VERMONT. 
 
 I. That all men are born equally free and in- 
 dependent, and have certain natural, inherent and 
 unalienable rights, amongst Avhich are the enjoy- 
 ing and defending life and liberty ; acquiring, pos- 
 sessing, 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, as a servant, slave, or apprentice, after he 
 arrives to the age of twenty-one years, nor female, 
 in like manner, after she arrives to the age of 
 eighteen years, unless they are bound by their 
 own consent, after they arrive to such age, or 
 bound by law, for the payment of debts, damages, 
 fines, costs, or the like. 
 
 II. That private property ought to be subser- 
 vient to public uses, when necessity requires it ; 
 nevertheless, w^henever any particular man's prop- 
 erty is taken for the use of the public, the owner 
 ought to receive an equivalent in money.] 
 
 III. That all men have a natural and unaliena- 
 ble right to worship Almighty God, according to 
 the dictates of their own consciences and under- 
 standing, regulated by the word of God ; and that 
 
THOMAS CIIITTENDExY. 29 
 
 no man ought, or of right can be compelled to at- 
 tend any rehgious worship, or erect, or support 
 any place of worship, or maintain any minister, 
 contrary to the dictates of his conscience ; [nor 
 can any man who professes the protestant relig- 
 ion] be justly deprived or abridged of any civil 
 right, as a citizen, on account of his religious sen- 
 timent, or peculiar mode of religious worship, 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 con- 
 trol, the rights of conscience, in the free exercise 
 of religious worship ; [nevertheless, every sect or 
 denomination of people ought to observe the Sab- 
 bath, or the Lord's day, and keep up, and support 
 some sort of religious worship, which to them shall 
 seem most agreeable to the revealed will of God. 
 
 IV. That the people of this State have the sole, 
 exclusive, and inherent right of governing and 
 regulating the internal police of the same.] 
 
 V. That all power being originally inherent in, 
 and consequently derived from, the people ; there- 
 fore, all officers of government, whether legisla- 
 tive or executive, are their trustees and servants, 
 and at all times accountable to them. 
 
 VI. That government is, or ought to be, insti- 
 tuted for the common benefit, protection, and se- 
 curity of the people, nation or community ; and 
 not for the particular emolument or advantage of 
 any single man, family or set of men, who are a 
 part only of that community ; and that the com- 
 munity hath an indubitable, unalienable and 
 indefeasible right to reform, alter, or abolish gov- 
 
30 MEMOIR OP 
 
 ernment, in such manner as sLallbe,bj that com- 
 munity, judged most conducive to the pubhc weal. 
 
 VII. That those who are employed in the leg- 
 islative and executive business of the State, may 
 be restrained from oppression, the people have a 
 right, at such periods as they may think proper, 
 to reduce their public officers to a private station, 
 and supply the vacancies by certain and regular 
 elections. 
 
 YIII. That all elections ought to be free ; and 
 that all freemen, having a sufficient, evident com- 
 mon interest with, and attachment to, the commu- 
 nity, have a right to elect officers, or be elected 
 into office. 
 
 IX. That every member of society hath a right- 
 to be protected in the enjoyment of life, liberty 
 and property, and therefore, is bound to contri- 
 bute his proportion towards the expense of that 
 protection, and yield his personal service, when 
 necessary, or an equivalent thereto ; but no part 
 of a man's property can be justly taken from him, 
 or applied to public uses, without his own consent, 
 or that of his legal representatives ; nor can any 
 man who is conscientiously scrupulous of bearing 
 arms, be justly compelled thereto, if he will pay 
 such equivalent ; nor are the people bound by any 
 law, but such as they have, in like manner, as- 
 sented to, for their common good. 
 
 X. That, in all prosecutions for criminal of- 
 fences, a man hath aright to be heard, by himself 
 and his counsel — to demand the cause and nature 
 of his accusation — to be confronted with the wit- 
 nesses — to call for evidence in his favor, and a 
 
THOMAS CHlTTENDEIsf. 31 
 
 Speedy public trial, by an impartial jury of the 
 country ; without the unanimous consent of -whicli 
 jury, he cannot be found guilty ; nor can he be 
 compelled to give evidence against himself; nor 
 can any man be justly deprived of his liberty, 
 except by the bws of the land ^or the judgment of 
 his peers. 
 
 XI. That the people have a right to hold them- 
 selves, their houses, papers and possessions free 
 from search or seizure ; and therefore warrants, 
 without oaths or affirmations first made, affording 
 a sufficient foundation for them, and whereby any 
 officer or messenger may be commanded or re- 
 quired to search suspected places, or to seize any 
 person or persons, his, her or their property, not 
 particularly described, are contrary to that right, 
 and ought not to be granted. 
 
 [XII. That no warrant or writ to attach the 
 person or estate, of any freeholder Avithin this 
 State, shall be issued ija-f^ivil action, without the 
 person or persons, who may request such warrant 
 or attachment first make oath, or affirm, before 
 the authority who may be requested to issue the 
 same, that he, or they, are in danger of losing 
 his, her or their debts.] 
 
 XIII. That, in controversies respecting proper- 
 ty, and in suits between man and man, the par- 
 ties have a right to a trial by jury ; which ought 
 to be held sacred. 
 
 XIV. That the people have a right to freedom 
 of speech, and of writing and pubhshing their 
 sentiments ; therefore, the freedom of the press 
 ought not to be restrained. 
 
32 MEMOIR OF 
 
 XV. That the people have a right to bear 
 arms for the defence of themselves and the State ; 
 and, as standing armies, in the time of peace, are 
 dangerous to liberty, they ought not to be kept up; 
 and that the military should be kept under strict 
 subordination to, and governed by the civil power* 
 
 XVI. That frequent recurrence to fundament^ 
 al principles, and a firm adherence to justice, mod- 
 eration, temperance, industry and frugality, are 
 absolutely necessary to preserve the blessings of 
 liberty, and keep government free. The people 
 ought, therefore, to pay particular attention to 
 these points, in the choice of officers and repre- 
 sentatives, and have a right to exact a due and 
 constant regard to 'them, from their legislators 
 and magistrates, in the making and executing 
 such laws as are necessary for the good govern- 
 ment of the State. 
 
 XVII. That all people have a natural and in- 
 herent right to emigrate from one State to anoth- 
 er, that will receive them ; or to form a new State 
 in vacant countries, or in such countries as they 
 can purchase, whenever they think that thereby 
 they can promote their own happiness. 
 
 XVIII. That the people have a right to assem- 
 ble together, to consult for their common good — > 
 to instruct their representatives, and to apply to 
 the legislature for redress of grievances, by ad- 
 dress, petition or remonstrance. 
 
 [XIX. That no person shall be liable to be 
 transported out of this State for trial, for any of- 
 fence committed within this State.] 
 
THOMAS CHITTENDEN. 33 
 
 CHAPTER II. 
 
 PLAN OR FRAME OF GOVERNMENT. 
 SECTION I. 
 
 The Commonwealth or State of Vermont 
 sliall be governed, hereafter, bj a Governor, De- 
 puty Governor, Council, and an Assembly of the 
 Representatives of the Freemen of the same, in 
 manner and form following. 
 
 SECTION II. 
 
 The supreme Legislative power shall be vested 
 in a House of Representatives of the Freemen or 
 Commonwealth or State of Vermont. 
 
 SECTION IIL 
 
 The supreme executive power shall be vested 
 in a Governor and Council. 
 
 SECTION IV, 
 
 Courts of justice shall be estabHshed in every 
 county in this State. 
 
 SECTION V. 
 
 The freemen of this Commonwealth, and their 
 Bons shall be trained and armed for its defence, 
 under such regulations, restrictions and excep- 
 tions, as the General Assembly shall, by law, di- 
 rect ) preserving always to the people, the right 
 5 
 
34 MEMOIR OF 
 
 of choosing their colonels of militia, and all com- 
 missioned officers under that rank, in such man- 
 ner, and as often, as by the said laws shall be di- 
 rected. 
 
 SECTION VI. 
 
 Every man of the full age of twenty-one years, 
 having resided in the State for the space of one 
 whole year, next before the election of represen- 
 tatives, [and who is of a quiet and peaceable be- 
 haviour, and will take the following oath (or af- 
 firmation) shall be entitled to all the privileges 
 of a freeman of this State. 
 
 I solemnly swear, by the ever 
 
 living God, (or affirm, in the presence of Almigh- 
 ty God,) that whenever I am called to give my 
 vote or suffrage, touching any matter that con- 
 cerns the State of Vermont, I will do it so, as in 
 my conscience, I shall judge will most conduce 
 to the best good of the same, as established by 
 the constitution, without fear or favor of any 
 man.] 
 
 SECTION VII. 
 
 The House of Representatives of the Freemen 
 of this State, shall consist of persons most noted 
 for wisdom and virtue, to be chosen by the free- 
 men of every to^yn in this State, respectively. 
 And no foreigner shall be chosen, unless he has 
 resided in the town for which he shall be elected, 
 one year immediately before said election. 
 
THOMAS CHITTENDEN. 35 
 
 SECTION VIII. 
 
 The members of the House of Representatives 
 shall be chosen annually, by ballot, by the free- 
 men of this State, on the first Tuesday of Sep- 
 tember, forever, (except this present year,) and 
 shall meet on the second Thursday of the suc- 
 ceeding October, and shall be styled the General 
 Assembly of the Representatives of the Freemen 
 of Vermont ; and shall have the po^Yer to choose 
 their Speaker, Secretary of the State, their Clerk, 
 and other necessary ofiicers of the house — sit on 
 their own adjournments — prepare bills and enact 
 them into laws — judge of the elections and quali- 
 fications of their own members — they may expel 
 a member, but not a second time for the same 
 cause — they may administer oaths (or affirma- 
 tions,) on examination of witnesses — redress 
 grievances — impeach State criminals — grant char- 
 ters of incorporation — constitute towns, boroughs, 
 cities and counties, and shall have all other pow- 
 ers necessary for the legislature of a free State : 
 but they shall have no power to add to, alter, 
 abolish, or infringe, any part of this constitution. 
 And for this present year, the members of the 
 Oeneral Assembly shall be chosen on the first 
 Tuesday of March next, and shall meet at the 
 meeting house, in Windsor , on the second Thurs- 
 day of March next. 
 
 SECTION IX. 
 
 A quorum of the house of representatives shall 
 consist of two thirds of the whole number of mem- 
 bers elected ; and having met and chosen • their 
 
8G MEMOIR OF 
 
 speaker, shall, each of them, before they proceed 
 to business, take and subscribe, as well the oath 
 cf fidelity and allegiance herein after directed, 
 as the following oath or affirmation, viz. 
 
 I do solemnly swear, by the ever 
 
 living God, (or, I do solemnly affirm in the pres- 
 ence of Almighty God,)that as a member of this 
 assembly, I will not propose or assent to any bill, 
 vote, or resolution, which shall appear injurious 
 to the people ; nor do or consent to any act or 
 thing whatever, that shall have a tendency to les- 
 sen or abridge their rights and privileges, as de- 
 clared in the Constitution of this State ; but will, 
 in all things, conduct myself as a faithful, honest 
 representative and guardian of the people, accor- 
 ding to the best of my judgment and abihties. 
 
 And each member, before he takes his seat, 
 shall make and subscribe the following declaration, 
 viz: 
 
 I do believe in one God, the Creator and Gov- 
 ernor of the Universe, the re warder of the good 
 and the punisher of the wicked. And I do ack- 
 nowledge the scriptures of the old and new testa- 
 ment to be given by divine inspiration, [and own 
 and profess the protestant rehgion.] 
 
 And no further or other religious test shall ev- 
 er, hereafter, be required of any civil officer or 
 magistrate in this State. 
 
 SECTION X. 
 
 Delegates to represent this State in Congress 
 shall be chosen, by ballot, by the future General 
 Assembly, at their first meeting, and annually, 
 
THOMAS CHITTENDEN. 37 
 
 forever afterward, as long as such representation 
 shall be necessary. Any Delegate may be super- 
 seded, at any time, by the General Assembly ai> 
 pointing another in his stead. No man shall sit 
 in Congress longer than two years successively, 
 nor be capable of re-election for three years after- 
 wards ; and no person who holds any office in the 
 gift of the Congress, shall, thereafter, be elected 
 to represent this State, in Congress. 
 
 I SECTION XL 
 
 If any town or towns shall neglect or refuse to 
 elect and send representatives to the General As- 
 sembly, two thirds of the members of the towns, 
 that do elect and send representatives, (provided 
 they be a majority of the inhabited towns of the 
 whole State,) when met, shall have all the powers 
 of the General Assembly, as fully and amply, as 
 if the whole were present. 
 
 SECTION XII. 
 
 The doors of the house in which the represen- 
 tatives of the freemen of this State shall sit, in 
 General Assembly, shall be and remain open for 
 the admission of all persons, who behave decent- 
 ly, except only, when the welfare of this State 
 may require the doors to be shut. \ 
 
 SECTION XIII. 
 
 The votes and proceedings of the General As- 
 sembly shall be printed, weekly, during their sit- 
 ting, with the yeas and nays, on any question, 
 vote or resolution, where one third of the mem- 
 bers require it ; (except when the votes are ta- 
 ken by ballot ;) and when the yeas and nays are 
 
38 MEMOIR OF 
 
 SO taken, every member shall have a right to in- 
 sert the reasons of his votes upon the minutes, if 
 he desire it. 
 
 SECTION XIV. 
 
 To the end that laws, before they are enacted, 
 may be more maturely considered, and the incon- 
 veniency of hasty determination as much as pos- 
 sible prevented, all bills of a public nature, [shall 
 first be laid before the Governor and Council, for 
 their perusal and proposals of amendment, and 
 shall be printed for the consideration of the peo- 
 ple, before they are read in General Assembly, 
 for the last time of debate and amendment ; ex- 
 cept temporary acts, "which, after being laid before 
 the Governor and Council, may (in case of sud- 
 den necessity) be passed into laws ;] and no oth- 
 er shall be passed into laws, tmtil the next session 
 of assembly. And for the more perfect satisfac- 
 tion of the public, the reasons and motives for 
 making such laws, shall be fully and clearly ex- 
 pressed and set forth in their preambles. 
 
 SECTION XV. 
 
 The style of the laws of this State shall be, — 
 " 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." 
 
 SECTION XVI. 
 
 In order that the Freemen of this State might 
 enjoy the benefit of election, as equally as may 
 be, each town in this State, that consists, or may 
 
THOMAS CIIITTENDEjr. 30 
 
 consist, of eighty taxable inhabitants, "within one 
 septenary or seven years, next after the estabhsh- 
 ing this constitution, may hold elections therein, 
 and choose, each, two representatives ; and each 
 other inhabited town in this State may, in like 
 manner, choose, each, one representative, to rep- 
 resent them in General Assembly, during the 
 septenary or seven years ; and after that, each 
 inhabited town may, in like manner, hold such e- 
 lection, and choose, each, one representative, for- 
 ever thereafter. 
 
 SECTION XVli. 
 
 The Supreme Executive Council of this State 
 shall consist of a Governor, Lieutenant-Governor, 
 and twelve persons, chosen in the following man- 
 ner, viz. The Freemen of each town, shall, on 
 the day of election for choosing representatives 
 to attend the General Assembly, bring in their 
 votes for Governor, with his name fairly written, 
 to the constable, who shall seal them up and write 
 on them, votes for the Governor, and deliver them 
 to the representative chosen to attend the Gener- 
 al Assembly ; and, at the opening of the Gener- 
 al Assembly, there shall be a committee appoint- 
 ed out of the Council, and Assembly, who, after 
 being duly sworn to the faithful discharge of their 
 trust, shall proceed to receive, sort, and count, 
 the votes for the Governor, and declare the per- 
 son who has the major part of the votes, to be 
 Governor, for the year ensuing. And if there 
 be no choice made, then the Council and General 
 
 t 
 
40 M12M0IR OP 
 
 Assembly, by their joint ballot, shall'make choice 
 of a Governor. 
 
 The Lieutenant Governor and Treasurer shall 
 be chosen in the manner above directed ; and 
 each freeman shall give in twelve votes for twelve 
 councillors, in the same manner ; and the twelve 
 highest in nomination shall serve for the ensuing 
 year as Councillors. 
 
 The Council* that shall act in the recess of this 
 Convention, shall supply the place of a Council 
 for the next General Assembly, until the new 
 Council be declared chosen. The Council shall 
 meet annually, at the same time and place with 
 the General Assembly ; and every member of the 
 Council shall be a Justice of the Peace for the 
 whole State, by virtue of his office. 
 
 SECTIOX XVIII. 
 
 The Governor, and in his absence, the Lieuten- 
 ant or Deputy Governor, with the Council — sev- 
 en of whom shall be a quorum — shall have power 
 to appoint and commissionate all officers, (except 
 those who are appointed by the General Assem- 
 bly,) agreeable to this frame of government, and 
 the laws that may be made hereafter ; and shall 
 supply every vacancy in any office, occasioned by 
 death, resignation, removal or disqualification, un- 
 til the office can be filled, in the thue and manner 
 directed by law orthis constitution. They are to 
 correspond with other States, and transact business 
 with officers of government, civil and military ; and 
 to prepare such business as may appear to them 
 necessary to lay before the General Assembly. 
 
 *The Council of Safety is here alluded to. 
 
lilOMAS CHITTENDEK". 41 
 
 They shall sit as judges to hear and determine 
 on impeachments, taking to their assistance, for 
 advice only, the justices of the supreme court ; 
 and shall have power to grant pardons, and remit 
 fines, in all cases whatsoever, except cases of im- 
 peachment, and in cases of treason and murder — 
 shall have power to grant reprieves, but not to 
 pardon, until the end of the next session of the 
 Assembly : but there shall be no remission or mit- 
 igation of punishment, on impeachments, except 
 by act of legislation. They are also, to take care 
 that the laws be faithfully executed. They are 
 to expedite the execution of such measures as may 
 be resolved upon by General Assembly ; and they 
 may draw upon the Treasurer for such sums as 
 may be appropriated by the House : they may 
 also lay embargoes, or prohibit the exportation of 
 any commodity for any time, not exceeding thirty 
 days, in the recess of the House only : they may 
 grant such licenses as shall be directed by law, 
 and shall have power to call together the General 
 Assembly, when necessary, before the day to which 
 they shall stand adjourned. The Governor shall 
 be commander in chief of the forces of the State ; 
 but shall not command in person, except advised 
 thereto by the Council, and then, only as long as 
 they shall approve thereof. The Governor and 
 Council shall have a Secretary, and keep fair 
 books of their proceedings, wherein any Council- 
 lor may enter his dissent, with his reasons to sup- 
 port it. 
 
 SECTION XIX. 
 
 All commissions shall be in the name of the 
 : 6 
 
42 MEMOIR OF 
 
 freemen of the State of Vermont, sealed witb 
 the State seal, signed by the Governor, and in his 
 absence, the Lieutenant Governor, and attested 
 by the Secretary ; which seal shall be kept by the 
 Council. 
 
 SECTION XX. 
 
 Every officer of State, whether judicial or ex- 
 ecutive, shall be liable to be impeached by the 
 General Assembly, either when in office, or after 
 his resignation, or removal for mal-administration. 
 All impeachments shall be before the Governor or 
 Lieutenant Governor and Council, who shall hear 
 and determine the same. 
 
 SECTION XXI. 
 
 The supreme court, and the several courts of 
 common pleas of this State shall, besides the pow- 
 ers usually exercised by such courts, have the 
 powers of a court of chancery, so far as relates 
 to perpetuating testimony, obtaining evidence from 
 places not within this State, and the care of per- 
 sons and estates of those who are non compotes 
 onentis, and such other powers as may be found 
 necessary by future General Assemblies, not in- 
 consistent with this constitution. 
 
 SECTION XXII. 
 
 Trials shall be by jury ; and it is recommended 
 to the legislature of this State to provide by lawy 
 against every corruption or partiality in the choice, 
 and return, or appointment, of juries. 
 
 SECTION XXII I. 
 
 All courts shall be open, and justice shall be 
 
 \ 
 
THOMAS CHITTENDEN. 43 
 
 impartially administered, without corruption or un- 
 necessary delay ; all their officers shall be paid an 
 adequate, but moderate, compensation for their 
 services ; and if any officer shall take greater or 
 other fees than the laws allow him, either directly 
 or indirectly, it shall ever after disqualify him from 
 holding any office in this State. 
 
 SECTION XXIV. 
 
 All prosecutions shall commence in the name 
 and by the authority of the freemen of the State 
 of Vermont, and all indictments shall conclude 
 with these words, " against the peace and dignity 
 of the same." The style of all process hereaf- 
 ter, in this State, shall be, — The State of Ver- 
 mont. 
 
 SECTION XXV. 
 
 The person of a debtor, where there is a strong 
 presumption of fraud, shall not be continued in 
 prison, after delivering up, bona fide, SiWhis estate, 
 real and personal, for the use of his creditors, in 
 such manner as shall be hereafter regulated by 
 law. All prisoners shall be bailable by sufficient 
 securities, unless for capital offijnces, when the 
 proof is evident or presumption great. 
 
 SECTION XXVI. 
 
 Excessive bail shall not be exacted for bailable 
 offences : and all fines shall be moderate. 
 
 SECTION XXVII. 
 
 That the General Assembly, when legally form- 
 ed, shall appoint times and placei^ for county elec- 
 tions, and at such times and places, the freemen 
 
44 MEMOIR OF 
 
 in each county respectively, shall have the liberty 
 of choosing the judges of inferior court of com- 
 mon pleas, sheriff, justices of the peace, and judges 
 of probate, commissioned by the Governor and 
 Council, during good behavior, removable by the 
 General Assembly upon proof of mal- administra- 
 tion. 
 
 SECTION XXVIII. 
 
 That no person shall be capable of holding any 
 civil office, in this State, except he has acquired, 
 and maintains a good moral character. 
 
 SECTION XXIX. 
 
 All elections, whether by the people or in Gen- 
 eral Assembly, shall be by ballot, free and volun- 
 tary : and any elector who shall receive any gift 
 or reward for his vote, in meat, drink, monies or 
 otherwise, shall forfeit his right to elect at that time 
 and suffer such other penalty as future laws shall 
 direct. And any person who shall, directly or in- 
 directly, give, promise, or bestow, any such re- 
 wards to be elected, shall, thereby, be rendered 
 incapable to serve for the ensuing year. 
 
 SECTION XXX, 
 
 All fines, licence money, fees and forfeitures, 
 shall be paid, according to the direction hereafter 
 to be made by the General Assembly. 
 
 SECTION XXXI, 
 
 All deeds and conveyances of land shall be re- 
 corded in the town clerk's office, in their respect- 
 ive towns. 
 
THOMAS CHITTENDEN. 45 
 
 SECTION XXXII. 
 
 The printing presses shall be free to every per- 
 son who undertakes to examine the proceedings of 
 the legislature, or any part of government. 
 
 SECTION XXXIII. 
 
 As every freeman, to preserve his independence 
 (if without a suiSicient estate) ought to have some 
 profession, calling, trade or farm, whereby he may 
 honestly subsist, there can be no necessity for, 
 nor use in, estabHshing offices of protit, the usual 
 effects of which are dependence and servility, un- 
 becoming freemen, in the possessors or expectants ; 
 faction, contention, corruption and disorder among 
 the people. But if any man is called into public 
 service, to the prejudice of his private affairs, he 
 has a right to a reasonable compensation ; and 
 whenever an office, through increase of fees, or 
 otherwise, becomes so profitable as to occasion 
 many to apply for it, the profits ought to be les- 
 sened by the legislature. 
 
 SECTION XXXIV. 
 
 The future legislature of this State, shall regu- 
 late entails, in such manner as to prevent perpe- 
 tuities. 
 
 SECTION XXXV. 
 
 To deter more effectually from the commission 
 of crimes, by continued visible punishment of 
 long duration, and to make sanguinary punish- 
 ments less necessary ; houses ought to be provi- 
 
46 MEMOIR OF 
 
 cled for punislimg, by hard labor, tbose who shall 
 be convicted of crimes not capital ; wherein the 
 criminal shall be employed for the benefit of the 
 pubhc, or for reparation of injuries done to private 
 persons ; and all persons, at proper times, shall be 
 admitted to see the prisoners at their labor. 
 
 SECTION XXXVI. 
 
 Every officer, whether judicial, executive or 
 military, in authority under this State, shall take 
 the following oath or affirmation of allegiance, and 
 general oath of office, before he enter on the exe- 
 cution of his office. 
 
 The Oath or Affirmation of Allegiance. 
 
 " I do solemnly swear by the 
 
 ever living God, (or affirm in presence of Almigh- 
 ty God,) that I will be true and faithful 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 government there- 
 of, as estabUshed by Convention." 
 
 The Oath or Affirmation of Office. 
 
 " I do solemnly swear by the 
 
 ever living God, (or affirm in presence of Almigh- 
 ty 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, according to law." 
 
 SECTION XXXVII. 
 
 No public tax, custom or contribution shall be 
 imposed upon, or paid by, the people of this State, 
 
THOMAS CHITTENDEN. 47 
 
 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 com- 
 munity than the money would be, if not collected ; 
 which being well observed, taxes can never be 
 burthens. 
 
 SECTION XXXVIII. 
 
 I 
 
 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 pur- 
 chase, or by other just means acquire, hold, and 
 transfer, land or other real estate ; and aft^r 
 one year's residence, shall be deemed a free 
 denizen thereof, and entitled to all the rights of a 
 natural born subject of this State ; except that he 
 shall not be capable of being elected a represen- 
 tative, 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 en- 
 closed ;) and, in like manner, to fish in all beata- 
 ble and other waters, not private property, [un- 
 der proper regulations, to be hereafter made and 
 provided by the General Assembly.] 
 
 SECTION XL. 
 
 A school or schools shall be established in each 
 town,^y the legislature, for the convenient in- 
 struction of youth, with such salaries to the mas- 
 
48 MEMOIU OF 
 
 ters, paid by each town ; making proper use of 
 school lands in each town, thereby to enable them 
 to instruct youth at low prices. One grammar 
 school in each county, and one university in this 
 State, ought to be established by the direction of 
 the General Assembly. 
 
 SECTION" XLI. 
 
 Laws for the encouragement of virtue and pre- 
 vention of vice and immorality, 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 advance- 
 ment of religion and learning, or for other pious 
 and charitable purposes, shall be encouraged and 
 protected in the enjoyment of the privileges, im- 
 munities and estates which they, in justice, ought 
 to enjoy, under such regulations, as the General 
 Assembly of this State shall direct. 
 
 SECTION XLir* 
 
 All field and staff officers, and commissioned of- 
 ficers of the army, and all general officers of the 
 miUtia, shall be chosen by the General Assembly. 
 
 SECTION XLIII. 
 
 The declaration of rights is hereby declared to 
 be a part of the Constitution of this State, and 
 ought never to be violated, on any pretence what- 
 soever. 
 
 SECTION XLIV. 
 
 In order that the freedom of this Commonwealth 
 
THOMAS CHITTENDEN. 49 
 
 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 chosen out of the 
 Council 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 Con- 
 vention, in which two thirds of the whole number 
 elected shall agree ; and whose duty it shall be to 
 enquire whether the constitution has been pre- 
 served inviolate, in every part; and whether the 
 legislative and executive branches of government 
 have performed their duty as guardians of the peo- 
 ple ; or assumed to themselves, or exercised, oth- 
 er or greater powers, than they are entitled to by 
 the constitution. They are also to enquire wheth- 
 er the public taxes have been justly laid and col- 
 lected, m 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 im- 
 peachments, and to recommend to the legislature 
 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- 
 7 
 
50 MEMOIR OP 
 
 have, for and during the space of one year from 
 the day of their election, and no longer. The said 
 Council of Censors shall also have the power to 
 call a Convention, to meet "within two years after 
 their sitting, if there appears to them an absolute 
 necessity of amending any article of this consti- 
 tution which may be defective — explaining such as 
 may be thought not clearly expressed, and of ad- 
 ding such as are necessary for the preservation of 
 the rights and happiness of the people ; but the 
 articles to be amended, and the amendments pro- 
 posed, and such articles as are proposed to be ad- 
 ded or abolished, shall be promulgated at least 
 six months before the day appointed for the elec- 
 tion of such convention, for the previous consid- 
 eration of the people, that they may have an op- 
 portunity of instructing their delegates on the 
 subject. . 
 
THOMAS CHITTENDEN. 51 
 
 CHAPTER III. 
 
 Congress recommends to the several States to form ^i^overn- 
 ments for themselves— Formation of the first Constitntions 
 ot New Hampshire and Pennsylvania — The first Constitu- 
 tions of the different States, varied as their Colonial Gov- 
 ernments had varied — Extracts from the charter of Gov. 
 Penn — History of the first Constitution of Pennsylvania 
 and the formation of a new Constitntiou. 
 
 Before we proceed to a protracted examination 
 of the Constitution of Vermont, it cannot be out 
 of place to refer briefly to the formation of 
 Constitutions by the United American Colonies. 
 "When they had successfully resisted the authority 
 of the British crown, and overthrown the coloni- 
 ial governments, all of them, except Connecticut 
 and Rhode Island, who had imder their charters 
 elected all their public functionaries, were destitute 
 of any organized civil governments, and Congress 
 recommended to the different colonies to frame, 
 each £or itself, such form of civil government as the 
 people should judge would be most conducive to 
 their happiness. In pursuance of this resolution, 
 the people of New Hampshire, on the 5th day of 
 January, 1776, formed a Constitution of civil gov- 
 ernment. This was not only the first Constitution 
 formed by any of the colonies, but the first writ- 
 
62 * MEMOIR OF 
 
 ten Constitution of civil government formed by 
 any people, unless the compact signed by our Pil- 
 grim Pathers on board the May .Flower may be 
 considered as a written Constitution of civil gov- 
 ernment. 
 
 The reader will be prepared to find this Consti- 
 tution very defective. It was such as the colo- 
 nial government under which they had lived in- 
 duced them to form. Under their colonial char- 
 ter, the Governor had been 'appointed by the 
 crown, who had a negative upon all acts of the 
 Legislature, and by the exercise of the veto pow- 
 er both he and his office had become so odious to 
 the people that they could not endure a governor, 
 although elected by themselves, and as they con- 
 sidered the Constitution which they were forming 
 to be but temporary, to continue only until a re- 
 conciliation with the mother country should take 
 place, they bestowed so little attention upon it that 
 they provided no substitute for the Governor — ■ 
 they instituted no executive department. 
 
 But when the government was organized, it was 
 found that Mesheck Weare, the President of the 
 Council, was the highest officer in the government, 
 and he acted as Executive during the revolution- 
 ary war. And yet, imperfect as the Constitution 
 
THOMAS CHITTENDEN. 53 
 
 was in other respects, the Legislature being divid- 
 ed into two co-ordinate branches, a House of Rep ' 
 resentatives and a Council, it carried them through 
 the revolutionary war, and down to the year 1792, 
 when a new Constitution was adopted, which has 
 continued to this day without any amendment or 
 attempt to amend it. 
 
 In every other State except Pennsylvania, the 
 Legislature was divided by the Constitution or 
 charter, and consisted of a House of Eepresenta- 
 tives and a Senate, or Council. In that State, as 
 we have seen, supreme legislative power was vest- 
 ed in a House of Representatives. 
 
 The great body of the inhabitants of the colo- 
 ny of Pennsylvania, at the commencement of the 
 revolutionary war, had been born and lived under 
 their proprietary. Gov. Penn, enjoying such priv- 
 ileges as he had been pleased to grant them. It 
 would be desirable to give the charter of Gov. 
 Penn in full, estabhshinga frame of government, 
 that the reader might judge for himself, what views 
 the people of that colony entertained, and what 
 habits of thinking in relation to government they 
 had acquired, and what sort of government such 
 a people would probably form for themselves, and 
 thus be able to account for the formation and a- 
 
54 MEMOIR OF 
 
 doption of the first Constitution of Pennsylvania, 
 so essentially different from the Constitutions of all 
 the other States ; and, I may add, so much more de- 
 fective ; but it would occupy too much space, and 
 I will only givie the following extracts from the 
 charter of Gov. Penn. 
 
 THE FRAME OF THE GOVERNMENT OF THE 
 PROVINCE OF PENNSYLVANIA, IN AMERICA. 
 
 TO all people, to whom these presents shall 
 come. Whereas, King Charles the second, by 
 his letters patents, under the great seal of Eng- 
 land^ for the consideration therein mentioned, hath 
 been graciously pleased to give and grant unto 
 me William Penn (by the name of William 
 Penn, Esquire, son and heir of sir William Penn 
 deceased) and to my heirs and assigns forever, 
 all that tract of land, or province, called Penn- 
 sylvania, in America, with divers great powers, 
 preeminences, royalties, jurisdictions, and author- 
 ities, necessary for the well-being and government 
 thereof: Now know ye, that for the well-being 
 and government of the said province, and for the 
 encouragement of all the freemen and planters, 
 that may be therein concerned, in pursuance of 
 the powers aforementioned, I, the said Wilham 
 Penn, have declared, granted, and confirmed, and 
 by these presents, for me, my heirs and assigns, 
 do declare, grant, and confirm unto all the free- 
 men, planters and adventurers of, in and to the 
 said province, these liberties, franchises and prop- 
 
THOMAS CSITTENBEK. 55- 
 
 erties, to be held, enjoyed and kept by the free- 
 men, planters and inhabitants of the said province 
 of Pennsylvania for ever. 
 
 Imprimis^ That the government of this prov- 
 ince shall, according to the powers of the patent, 
 consist of the Governor and freemen of the said 
 province, in form of a provincial council, and gen- 
 eral assembly, by whom all laws shall be made, 
 officers chosen, and public afiairs transacted, as is 
 hereafter respectively declared, that is to say — 
 
 II. That the freemen of the said province shall, 
 on the twentieth day of the twelfth month, which 
 shall be in this present year, one thousand six 
 hundred eighty and two, meet and assemble in 
 some fit place, of which timely notice shall be be- 
 fore hand given by the governor or his deputy ; 
 and then and there, shall choose out of themselves 
 seventy-two persons of most note for their wisdom, 
 virtue and ability, who shall meet, on the tenth 
 day of the first month next ensuing, and always 
 be called, and act as, the provincial council of the 
 said province. 
 
 III. That at the first choice of such provincial 
 council, one -third part of the said provincial coun- 
 cil shall be chosen to serve for three years then 
 next ensuing ; one third part, for two years then 
 next ensuing ; and one-third part, for one year 
 then next ensuing such election, and no longer ; 
 and that the said third part shall go out accord- 
 ingly : and on the twentieth day of the twelfth 
 month, as aforesaid, yearly for ever afterwards, 
 the freemen of the said province shall, in like 
 manner^ meet and assemble together, and then 
 
66 MEMOIR OF 
 
 choose twenty-four persons, being one third of the 
 said number, to serve in provincial council for 
 three years ; it being intended, that one-third part 
 of the whole provincial council (always consisting, 
 and to consist, of seventy-two persons as afore- 
 said) falling off yearly, it shall be yearly sup- 
 pHed, by such new yearly elections, as aforesaid ; 
 and that no one person shall continue there- 
 in longer than three years : and, in case any 
 member shall decease before the last election dur- 
 ing his time, that then at the next election ensu- 
 ing his decease, another shall be chosen to supply 
 his place, for the remaining time, he was to have 
 served, and no longer. 
 
 IV. That, after the first seven years, every 
 one of the said third parts, that goeth yearly off, 
 shall be uncapable of being chosen again for one 
 ■whole year following : that so all may be fitted 
 for government, and have experience of the care 
 and burden of it. 
 
 y. That the provincial council, in all cases and 
 matters of moment, as their arguing upon bills to 
 be passed into laws, erecting courts of justice, 
 giving judgment upon criminals impeached, and 
 choice of officers, in such manner as is hereinafter 
 mentioned ; not less than two-thirds of the whole 
 provincial council shall make a quorum ; and that 
 the consent and approbation of two-thirds of such 
 quorimi shall be had in all such cases and matters 
 of moment. And moreover that, in all cases and 
 matters of lesser moment, twenty-four members 
 of the said provincial council shall make a quoruMy 
 the majority of which twenty-four shall, and may, 
 
THOMAS CHITTENDEN. 57 
 
 always determine in such cases and causes of les- 
 ser moment. 
 
 VI. That in this provincial council, the gover- 
 nor, or his deputy, shall or may always preside, 
 and have a treble voice ; and the said provincial 
 council shall always continue, and sit upon its 
 own adjournments and committees. 
 
 VII. That the governor and provincial coun- 
 cil shall prepare and propose to the general as- 
 sembly, hereafter mentioned, all bills, which they 
 shall, at any time, think fit to be passed into laws, 
 within the said province ; which bills shall be pub- 
 lished and affixed to the most noted places, in 
 the inhabited parts thereof, thirty days before 
 the meeting of the general assembly, in order to 
 the passing them into laws, or rejecting of them, 
 as the general assembly shall see meet. 
 
 VIII. That the governor and provincial coun- 
 cil shall take care, that all laws, statutes and or- 
 dinances, which shall at any time be made within 
 the said province, be duly and dihgently execu- 
 ted. 
 
 ^IX. That the governor and provincial council 
 shall, at all times, have the care of the peace and 
 safety of the province, and that nothing be by 
 any person attempted to the subversion of this 
 frame of government. 
 
 X. That the governor and provincial council 
 shall, at all times, settle and order the situation of 
 all cities, ports and market towns in every county, 
 modelling therein all pubhc buildings, streets and 
 market places, and shall appoint all necessary 
 roads, and highways in the province.. 
 8 
 
58 MEMOIR OF 
 
 XI. That the governor and provincial council 
 shall, at all times, have power to inspect the man- 
 agement of the public treasury, and punish those 
 who shall convert any part thereof to any other 
 use, than what hath been agreed upon by the gov- 
 ernor, provincial council and general assembly. 
 
 XII. That the governor and provincial council 
 shall erect and order all pubhc schools, and en- 
 courage and reward the authors of useful sciences 
 and laudable inventions in the said province. 
 
 XIII. That, for the better management of the 
 powers and trust aforesaid, the provincial council 
 shall, from time to time, divide itself into four dis- 
 tinct and proper committees, for the more easy 
 administration of the affairs of the province, which 
 divides the seventy-two into four eighteens, every 
 one of which eighteen ^hall consist of six out of 
 each of the three orders, or yearly elections, each 
 of which shall have a distinct portion of business, 
 as foUoweth : First^ a committee of plantations, to 
 situate and settle cities, ports and market towns, 
 and highways, and to hear and decide all suits 
 and controversies relating to plantations. Sec- 
 ondly ^ A committee of justice and safety, to se- 
 cure the peace of the province, and punish the 
 mal-administration of those who subvert justice, to 
 the prejudice of the public, or private interest. 
 Thirdly, A committee of trade and treasury, who 
 shall regulate all trade and commerce, according 
 to law, encourage manufacture and country growth, 
 and defray the public charge of the province. 
 And, Fourthly, A committee of manners, educa- 
 tion and arts, that all wicked and scandalous liv- 
 
THOMAS CHITTENDEN. 59 
 
 ing may be prevented, and that youtli may be suc- 
 cessively trained up in virtue and useful knowledge 
 and arts : the quorum of each of which commit- 
 tees being six, that is, two out of each of the 
 three orders, or yearly elections, as aforesaid, 
 make a constant and standing council of tiventy- 
 four^ which will have the power of the provincial 
 council, being the quorum of it, in all cases not 
 excepted in the fifth article ; and in the said com- 
 mittees, and standing council of the province, the » 
 governor, or his deputy, shall or may preside, as 
 aforesaid ; and in the absence of the governor, or 
 his deputy, if no one is by either of them ap- ^ 
 pointed, the said committees or council shall ap- 
 point a president for that time ; and what shall be 
 resolved at such committees, shall be reported to 
 the said council of the province, and shall be by 
 them resolved and confirmed before the same shall 
 be put in execution ; and that these respective 
 committees shall not sit at one and the same time, 
 except in cases of necessity. 
 
 XIV. And, to the end that all laws prepared 
 by the governor and provincial council aforesaid, 
 may yet have the more full concurrence of the 
 freemen of the province, it is declared, granted 
 and confirmed, that at the time and place or places, 
 for the choice of a provincial council, as aforesaid, 
 the said freemen shall yearly choose members to 
 serve in a general assembly, as their representa- 
 tives, not exceeding two hundred persons, who 
 shall yearly meet, on the twentieth day of the 
 second month, which shall be in the year one thou- 
 sand six hundred eighty and three following, in 
 
60 MEMOIR OF 
 
 the capital town, or city, of the said province, 
 where, during eight days, the several members 
 may freely confer with one another ; and if any 
 of them see meet, with a committee of the provin- 
 cial council (consisting of three out of each of 
 the four committees aforesaid, being twelve in all) 
 which shall be, at that time, purposely appointed 
 to receive from any of them proposals, for the al- 
 terations or amendment of any of the said pro- 
 posed and promulgated bills : and on the ninth 
 day from their so meeting, the said general assem- 
 bly, after reading over the proposed bills by the 
 clerk of the provincial council, and the occasions 
 and motives for them being opened by the govern- 
 or or his deputy, shall give their affirmative or 
 negative, which to them seemeth best, in such 
 manner as herein after is expressed. But not 
 less than two-thirds shall make a quorum in the 
 passing of laws, and choice of such officers as are 
 by them to be chosen. 
 
 XY. That the laws so prepared and proposed, 
 as aforesaid, that are assented to by the general 
 assembly, shall be enrolled as laws of the province, 
 with this style : By the. governor, with the assent 
 and approbation of the freemen in provincial 
 council and general assembly. 
 
 XVI. That for the estabHshment of the gov- 
 ernment and laws of this province, and to the end 
 there may be an universal satisfaction in laying of 
 the fundamentals thereof ; the general assembly 
 shall, or may for the first year, consist of all the 
 freemen of and in the said province ; and ever 
 after it shall be yearly chosen, as aforesaid ; which 
 
THOMAS CHITTENDEN. 61 
 
 number of two hundred shall be enlarged as the 
 country shall increase in people, so as it do not 
 exceed five hundred, at any time ; the appointment 
 and proportioning of which, as also the laying and 
 methodizing of the choice of the provincial coun- 
 cil and general assembly, in future times, most 
 equally to the divisions of the hundreds and coun- 
 ties, which the country shall hereafter be divided 
 into, shall be in the power of the provincial coun- 
 cil to propose, and the general assembly to resolve. 
 
 XVII. That the governor and provincial coun- 
 cil shall erect, from time to time, standing courts 
 of justice, in such places and number as they shall 
 judge convenient for the good government of the 
 said province. And that the provincial council 
 shall, on the thirteenth day of the first month, 
 yearly, elect and present to the Governor, or his 
 deputy, a double number of persons to serve for 
 judges, treasurers, masters of rolls, within the 
 said province, for the year next ensuing ; and the 
 freemen of the said province, in the county courts, 
 when they shall be erected, and till then, in the 
 general assembly, shall, on the three and twenti- 
 eth day of the second month, yearly, elect and 
 present to the governor, or his deputy, a double 
 number of persons, to serve for sheriffs, justices 
 of the peace, and coroners, for the year next en- 
 suing ; out of which respective elections and pre- 
 sentments, the governor or his deputy shall nom- 
 inate and commissionate the proper number for 
 each office, the third day after the said present- 
 ments, or else the first named in such presentment. 
 
62 MEMOIR OF 
 
 for each office, shall stand and serve for that office 
 the year ensuing. 
 
 XVIII. But forasmuch as the present condi- 
 tion of the province requires some immediate set- 
 tlement, and admits not of so quick a revolution 
 of officers ; and to the end the said province may, 
 with all convenient speed, be well ordered and 
 settled, I, William Pemi, do therefore think fit 
 to nominate and appoint such persons for judges, 
 treasurers, masters of the rolls, sheriffs, justices 
 of the peace, and coroners, as are most fitly 
 qualified for those employments ; to whom I shall 
 make and grant commissions for the said offices, 
 respectfully, to hold to them, to whom the same 
 shall be granted, for so long time as every such 
 person shall well behave himself in the office, or 
 place to him respectively granted, and no longer. 
 And upon the decease or displacing of any of the 
 the said officers, the succeeding officer or officers 
 shall be chosen as aforesaid. 
 
 XIX. That the general assembly shall contin- 
 ue so long as may be needful to impeach crimin- 
 als, fit to be there impeached, to pass bills into 
 laws, that they may think fit to pass into laws, and 
 till such time as the governor and provincial 
 council shall declare that they have nothing fur- 
 ther to propose unto them, for their assent and 
 approbation : and that declaration shall be a dis- 
 miss to the general assembly for that time ; which 
 general assembly shall be, notwithstanding, capa- 
 ble of assembhng together upon the summons of 
 the provincial council, at any time during that 
 
THOMAS CHITTENDEN. 63 
 
 year, if the said provincial council shall see oc- 
 casion for their so assembling. 
 
 XX. That all the elections of members, or 
 representatives of the people, to serve in provin- 
 cial council and general assembly, and all ques- 
 tions to be determined bjboth, or either of them, 
 that relate to passing of bills into laws, to the 
 choice of officers, to impeachments by the gener- 
 al assembly, and judgment of criminals upon such 
 impeachments by the provincial council, and to 
 all other cases by them respectively judged of 
 importance, shall be resolved and determined by 
 the ballot ; and unless on sudden and indispensa- 
 ble occasions, no business in provincial council, or 
 its respective committees, shall be finally deter- 
 mined the same day that it is moved. 
 
 XXI. That, at all times, when, and so often 
 as it shall happen that the governor shall, or may, 
 be an infant, under the age of one and twenty 
 years, and no guardians, or commissioners, are 
 appointed, in writing, by the father of the said in- 
 fant, or that such guardians or commissioners 
 shall be deceased ; that during such minority, 
 the provincial council shall, from time to time, as 
 they shall see meet, constitute and appoint guar- 
 dians, or commissioners, not exceeding three ; one 
 of which three shall preside as deputy, and chief 
 guardian, during such minority, and shall have 
 and execute, with the consent of the other two, 
 all the power of a governor, in all the public af- 
 fairs and concerns of the said province. 
 
 XXII. That, as often as any day of the month 
 mentioned in any article of this charter, shall fall 
 
64 MEMOIR OF 
 
 Upon the first day of the week, commonly called 
 the LorcVs I>ai/, the business of that day shall 
 be deferred till the next day, unless in case of e- 
 mergency. 
 
 XXIII. That no act, law, or ordinance what- 
 soever, shall at any time, hereafter, be made or 
 done by the governor of this province, his heirs 
 or assigns, to alter, change, or diminish the form 
 or effect of this charter, or any part or clause 
 thereof, or contrary to the true intent and mean- 
 ing thereof, without the consent of the governor, 
 his heirs or assigns, and six parts of seven of the 
 said freeemen in provincial council and general 
 assembly. 
 
 XXIV. And lastly, that I, the said William 
 Pemi, for myself, my heirs and assigns, have sol- 
 emnly declared, granted and confirmed, and do 
 hereby solemnly declare, grant and confirm, that 
 neither I, nor my heirs nor assigns, shall procure 
 or do any thing or things, whereby the liberties, 
 in this charter contained and expressed, shall be 
 infringed or broken ; and if any thing be pro- 
 cured by any person or persons contrary to these 
 premises, it shall be held of no force or effect. 
 In witness whereof, I, the said William Penn, 
 have unto this present charter of liberties set my 
 hand and broad seal, this five and twentieth day 
 of the second month, vulgarly called April, in 
 the year of our Lord one thousand six hundred 
 and eighty two. 
 
 WILLIAM PENN. 
 
'THOMAS CHITTENDEN. G5 
 
 The people of Pennsylvania lived under tliig 
 government from the year 1683 to the year 1776. 
 Most of the inhabitants, at the latter period, were 
 born under this government, and the mass of the 
 peoi)le could not have had the least knowledge of 
 any other government, and so sensibly did they 
 feel the evils of their own, from the exorbitant 
 power of the Governor, and the want of power in 
 the General Assembly, composed of their own 
 representatives, that they thought of nothing but 
 the removal of these evils. Such is human na- 
 ture. When we experience inconveniences in our 
 present situation, we become men of one idea, and 
 can think of nothing but a change of our condi- 
 tion, until we learn from better experience, that a 
 change is not always an improvement. So it was 
 with the people of Pennsylvania, in forming their 
 first constitution. Like the people of New Hamp- 
 shire, they had imbibed so strong a prejudice a- 
 gainst the Governor imposed upon them by the 
 Crown, that they could not think of a Governor 
 elected by themselves, as an Executive Magistrate, 
 but vested the whole executive power in an Exec- 
 utive Council, and vested supreme Legislative 
 power in a House of Representatives, without any 
 check upon it. Such is human nature every- 
 9 
 
66 MEMOIR OF 
 
 ■where. In France, the House of Peers had be- 
 come so odious bj the repeated refusal to concur 
 with the Assembly in carrying out the wishes of 
 the people, as expressed by their representatives, 
 that they thought of nothing but the removal of 
 this evil, and they vested the legislative power of 
 the Republic in the Assembly, consisting of 900 
 members, without any other branch of the Legis- 
 lature, to prevent them from passing such laws as 
 the people desired. 
 
 The following provision in the charter of Gov- 
 ernor Penn, the people had been pleased with : — 
 " All bills which the Governor and Council shall 
 prepare to lay before the Assembly, shall be post- 
 ed up and published thirty days before the meet- 
 ing of the Assembly." There was no inconveni- 
 ence arising from this provision ; it caused no de- 
 lay in legislation ; and the people were gratified 
 to know what bills their representatives would be 
 permitted to pass at the next session. This was 
 the origin of the provision in the Constitution of 
 Pennsylvania, and in the first Constitution of Ver- 
 mont, '' that all bills of a public nature shall be 
 printed for the consideration of the people, and 
 shall not be passed into laws before the next ses- 
 sion of the Assembly." This provision produced 
 
THOMAS CHITTENDEN. t>7 
 
 great inconvenience in both States, and w^s evad- 
 ed by making all public acts temporary, to contin- 
 ue in force till the next session, and were reviewed 
 from year to year. 
 
 There was a powerful opposition to this Consti- 
 tution, at the time it was adopted, and an in- 
 creasing dissatisfaction with it, during its continu- 
 ance. In the year 1777, the next year after the 
 Constitution was adopted, the Legislature passed 
 a resolution, referring to the people the question 
 whether a Convention should be called to amend 
 it. In the year 1778, the Legislature passed a 
 like resolution, but these resolutions were not car- 
 ried into elSect, and in the year 1779, they were 
 rescinded, on the petition of more than thirteen 
 thousand citizens. 
 
 At the end of the first septenary, a Council 
 of Censors was elected, agreeably to the provisions 
 of the Constitution. When the Council metj they 
 appointed a Committee to enquire whether the 
 Constitutioii had been preserved inviolate in every 
 part, and whether the Executive and Legislative 
 branches of the government had performed their 
 duties as guardians of the people, &c. The com- 
 mittee reported that they found multiplied in- 
 stances of a departure from the frame of govern- 
 
68 MEMOIR OF 
 
 ment, closing -with the following : " At the third 
 session of the present Assembly, a law was passed 
 to vest in Isaac Austin a real estate in Philadel- 
 phia, claimed and possessed by George A. Baker, 
 as his freehold." This extraordinary act of As- 
 sembly, moreover, commanded the Sheriff to put 
 Mr. Austin in possession. 
 
 The Council also appointed a Committee, to re- 
 port the articles of the Constitution which are de- 
 fective and require amendment. This Committee 
 reported an entire new frame of government. 
 They divided the Legislature into two co-ordinate 
 branches ; provided for the election of a Govern- 
 or by the people, in whom they vested the ap- 
 pointment and removal from office, and gave him 
 a qualified negative upon all acts passed by the 
 two Houses ; the judges of the Supreme Court to 
 hold their offices during good behavior ; and they 
 abolished the article providing for a Council of 
 Censors, and provided no substitute. 
 
 The report was accepted by a vote of 12 to 9, 
 but as a vote of two-thirds of the Council was re- 
 quired to call a convention, the people were de- 
 prived of the privilege of deciding the question, 
 upon which the Council were divided. On the 
 -21st of January, the Council, by a vote of 12 to 
 
THOMAS CHITTENDEN. G9 
 
 10, made the following address to the people, and 
 adjourned to the first Tuesday of June following, 
 hoping they should then be able to call a Conven- 
 tion. 
 
 ADDRESS. 
 
 Friends and fellow citizens, 
 
 Agreeably to the trust reposed in us, 
 we have met and seriously deliberated upon those 
 matters submitted to our consideration, by the 
 constitution of this state. 
 
 The most weighty subject that has come before 
 us, is the constitution itself. To that, therefore, 
 whilst we have not neglected the others, we 
 have principally directed our attention. We 
 have examined it with candor ; we have compar- 
 ed it with the constitutions of other states ; we 
 have discovered some of its defects ; we have sug- 
 gested the necessity of abolishing such parts of it 
 as are expensive and burthfensome, and dangerous 
 to your liberties, and have with great deference 
 thrown out, for your consideration, such altera- 
 tions as appear to us to be best calculated to se- 
 cure to you the blessings of free and equal gov- 
 ernment. 
 
 By the report of your committee which accom- 
 panies this address, you will perceive that though 
 the majority of this council approve of the alter- 
 ations, considering them essential to your exis- 
 tence as a free people, it has not yet met with the 
 concurrence of two-thirds of our whole number, 
 
70 MEMOIR OF 
 
 which the constitution has made necessary to ena- 
 ble us to call a convention. We are strangers to 
 the motives of the minoritj,for refusing to give you 
 an opportunity to judge upon a matter, you and 
 •we, and all our posterity are so deeply interested 
 in, while by their silence upon the subject of the 
 report, they have confessed that the constitution 
 wants amendment. By refusing to indulge you in 
 a convention for that purpose, they hold up conse- 
 quences from that meeting that are dishonorable 
 to freemen. They have indeed had the power to 
 prevent it for the present, in the manner pointed 
 out by the constitution : — But their sullen no in 
 this council cannot rob you of your birth-right. 
 
 Is it that they were concerned in the framing 
 of the constitution, and therefore cannot bear that 
 any fault should be found with it ? This fondness 
 for the productions of the brain, is a weakness 
 mankind is subject to. But in so momentous a 
 concern, passion and prejudice should, as far as 
 human nature is capable of it, be laid aside, and 
 the arguments offered, weighed with that cool de- 
 liberation the subject deserves. Nor can it be in 
 any case, much less in the intricate science of gov- 
 ernment, upon which so few have had either leis- 
 ure or opportunity to turn their thoughts, an im- 
 peachment of any man's judgment, to say he is 
 mistaken. If errors then have crept in, they 
 ought to be corrected ; if there are ambiguities, 
 they should be explained, and if the system itself 
 is wrong it should be altered. 
 
 One cannot hesitate a moment in declaring that 
 all these were naturally to be expected from the 
 
THOMAS CHITTENDEN. 71 
 
 time and circumstances under wliicli the present 
 constitution was formed. Our political knowledge 
 was in its infancy. The passions of the state were 
 unusually agitated. A large body of militia were 
 busy in preparing to march to another state to op- 
 pose the progress of the British army. Another 
 body of citizens to the amount of five thousand 
 were absent, on the same service, in the continent- 
 al army. Amidst the din of arms and the dread 
 of invasion, and when many wise and able men 
 were necessarily absent, whose advice and assist- 
 ance would have been of great use, was it reason- 
 able to expect that a constitution could be formed 
 proper for a great and growing state ? And if an 
 improper one was formed, which is our decided 
 opinion, shall it not be altered or amended ? 
 
 Let it not be said, that the constitution has car- 
 ried us triumphantly through a perilous war ; this 
 is far from being the case. We owe all the ex- 
 ertions of Pennsylvania to the virtue of the peo- 
 ple. In times of danger, it is well known, the 
 constitution forsook us, and the will of our rulers 
 became the only law. It is well known, likewise, 
 that a great part of the citizens of Pennsylvania, 
 from a perfect conviction that political liberty 
 could never long exist under such a frame of gov- 
 ernment, were opposed to the establishment of it, 
 and that when they did submit to it, a solemn en- 
 gagement was entered into by its then friends, 
 that after seven years should be expired, and the 
 enemy driven from our coasts, they would concur 
 with them ui making the wished for amendments. 
 The seven years have elapsed, and our country 
 
72 MEMOIR OF 
 
 now enjoys a peace, favorable to the most temper* 
 ate deliberations on the subject of government ; 
 but a minority in this council, which, by the absur- 
 dity of its constitution, can in this instance bind 
 the majority, say it is unnecessary. ^ We appeal 
 to your common sense, .whether such a conduct is 
 calculated to restore order and mutual confidence. 
 It may be proper here to remark, that this very 
 minority, although near one half of the members 
 present in this council, do not represent one third 
 of you ; so that the voice of more than two-thirds 
 of the people, if the majority speak your sense, 
 is sunk entirely ; and, contrary to all principles, 
 the lesser number binds the greater. What do 
 these men fear from a convention ? are they a- 
 fraid to trust you with the exercise of the inesti- 
 mable power of choosing a government for your- 
 selves ? You cannot, you will not injure your- 
 selves in this business. If the constitution in its 
 present form is most agreeable, you have only to 
 instruct your representatives in the convention to 
 adopt it in all its parts. You are the sovereigns 
 of Pennsylvania. All the power of the state is 
 derived from your votes. Nothing can be oblig-' 
 atory on you which is contrary to your inclina- 
 tions, or repugnant to your happiness. We do 
 not quote any part of the bill of rights to prove 
 to you that you may call a convention, when and 
 in what manner you please. This privilege is 
 your birth-right and no power on earth can de- 
 prive you of it. We appeal to you, therefore, to 
 decide the great question, whether Pennsylvania 
 shall continue unhappy and distracted under her 
 
THOMAS CHITTENBEN. 73 
 
 present constitution, or -whether by caUing a con- 
 vention, and amending it, you will restore har- 
 mony amongst yourselves and dignity to your 
 Government. 
 
 We recommend to your serious consideration, 
 the report of our committee, which has been adop- 
 ted by this council and has become one of its acts. 
 Weigh the reasons upon which it is founded with 
 coolness and deliberation, and suffer not your- 
 selves to be imposed upon, or your passions infla- 
 med by artful men, or by words without meaning. 
 'We can have no interest separate from yours; 
 and as to. our political principles, when you rec- 
 ollect that all have been the constant opposers of 
 our British foes, and most of us have risked our 
 lives and fortunes, during the whole of the con- 
 test, you can entertain no doubt about them. The 
 proposed alterations are not experiments, but are 
 founded on reason and the experience of our sis- 
 ter states. The future welfare of your country 
 is in your own hands. If you give her a good 
 government she will be great and free. If you 
 mistake in this point, the die will be cast, and you 
 are saeled up to insignificance or misery. 
 
 We have not the most distant prospect, that the 
 gentlemen in the minority will concur in calling a 
 convention to amend the constitution, which we 
 have thought, we hope not improperly, the most 
 important part of our business ; and it is that you 
 might have an opportunity to instruct them on 
 that subject, that we have at present suspended 
 our deliberations. 
 
 10 
 
74 MEMOIR OF 
 
 At the adjourned session of the Council, in 
 June, their table was loaded "with remonstrances 
 against calling a convention, signed by more than 
 ten thousand citizens. By this it was seen that 
 it would be utterly useless to call a convention, if 
 the required majority of the Council should assent 
 to it, and no further attention was paid to the 
 subject. 
 
 It appears by the journals of the Council, and 
 by the history of those times, that the people 
 were very highly excited, that party spirit never 
 produced a more bitter animosity, between cou' 
 tending parties. 
 
 And the leading men, who were deeply impress- 
 ed with the necessity of amending the Constitu- 
 tion to secure the people in the enjoyment of their 
 rights, abandoned the contest, hoping the excite- 
 ment would subside, and the people be enabled calm- 
 ly to survey their situation, and form a deliberate 
 judgement in the case. They thought the storm had 
 come to its height, and, as it was supposed no fur^ 
 ther attempts could be made to amend the Con- 
 stitution, until the end of the Septenary which 
 had then just commenced, and so nothing left 
 as a subject of contention, they lioped, that not 
 only would the storm abate, but th^ swells of pop- 
 
THOMAS CHITTENDEN. 75 
 
 ular passion Avliolly subside, and, as we shall see, 
 thej were not disappointed. 
 
 On the 24th day of March, 1T89, the Legisla 
 ture passed a resolution, by a vote of 41 to 17, 
 referring to the people the question whether a con- 
 vention should be called to amend the Constitu- 
 tion. This resolution was opposed on the ground 
 that the Constitution, having provided a mode of 
 amending it, it would be a violation of that in- 
 strument to pursue any other mode. It was an- 
 swered, that although the Legislature cannot call 
 a convention to amend the Constitution, that pow- 
 er being vested in the Council of Censors exclu- 
 sively, yet, as the people are the source of all po- 
 litical power, the Legislature may refer to them 
 the question, whether a convention shall be called, 
 and this opinion prevailed. 
 
 When the Colonies formed their first Constitu- 
 ,tions, they made a declaration of the right of self- 
 government, as the foundation of all their pro- 
 ceedings, but it does not appear that the question 
 ever occurred to them whether this right must al- 
 ways exist, or might be suspended by the people 
 themselves. But this question was presented to 
 the people of Pennsylvania, and they decided it. 
 And in framing their new Constitution, they al- 
 
76 MEMOIR OF 
 
 tered the declaration of the right of self-govern- 
 ment, and made it read as follows : " That all 
 power is inherent in the people, and all free gov- 
 ernments are founded on their authority, and in- 
 stituted for their peace, safety and happiness. 
 For the advancement of these ends they have at 
 all times an inalieniable and indefeasible right to 
 reform or abolish their form of government, in 
 such manner as they may thinK proper." This 
 declaration is found in most of the Constitutions, 
 subsequently adopted. 
 
 If this be not a correct declaration of the right 
 of self-government, if the people can make their 
 constitution unalterable for seven years, it will be a 
 mere question of expediency whether it shall be 
 seven or seven hundred. It is difficult to raise 
 any solid objection to this mode of proceeding by 
 the people of Pennsylvania, in amending their 
 constitution. There was no opposition to the ex- . 
 isting government, no attempt to overthrow it, — 
 on the contrary, every step was taken by and 
 through its organs. There is certainly no analo- 
 gy between this mode of proceeding, and the mode 
 of proceeding in Rhode Island. In that State, a 
 portion of the people combined to form a new con- 
 stitution, in opposition to the existing government, 
 
THOMAS CIirTTENDEN. 77 
 
 to overthrow it and establish a new government 
 in its place. 
 
 To admit such a mode of proceeding would sap 
 the foundation of our free institutions — to provide 
 for it in a constitution of civil government, would 
 be to provide for its own destruction. 
 
 But the people of Rhode Island were in a pe- 
 culiar situation. By the charter of Charles IT., 
 the Governor and Company were authorized to 
 admit such and so many persons free of the cor- 
 poration as they should see fit. And as was nat- 
 ural in their then situation, they made all free- 
 holders free of the corporation, all others were 
 deprived of the right of suffrage. For many 
 years after this, almost all the inhabitants of the 
 Colony were free-holders, and until after the close 
 of the Bevolutionary War, so small a portion of 
 the people were deprived of the right of suffrage 
 by this property qualification, but little complaint 
 was heard. But after a course of years, by rea- 
 son of a great increase of Commerce and Manu- 
 factures, it became a question whether more or 
 less than half of the inhabitants were deprived of 
 the right of suffrage . And as the number of those 
 who were deprived of their political rights increa- 
 sed, their complaints become louder and louder, 
 
78 MEMOIR OF 
 
 and were threatening ; but the free holders, who 
 held the whole power of government m their 
 hands, refused to listen to their complaints. At 
 length, the free holders, the law and order party 
 as they were now called, finding it necessary to 
 yield to the public sentimentj adopted a constitu- 
 tion granting the right of suffrage to all except 
 foreigners. To make them freemen a property 
 qualification was required. To this, their oppo- 
 nents, the Dorrites, as they were called, refused 
 to accede, although they had obtained all which 
 they had at first contended for, and attempted to 
 overthrow the existing government and establish 
 their own revolutionary constitution by force, but 
 failed. 
 
 Thus, in this case, as in most political contests, 
 it was at first a contest for principles, but degen- 
 erated into a contest for power. 
 
 The Legislature of Pennsylvania at their ses- 
 sion in September, 1789, finding that a majority 
 of the people were in favor of a convention, passed 
 a resolution calling a convention to amend the con- 
 stitution, to meet on the 24th of November follow- 
 ing. The convention met and continued their ses- 
 sion till the 5th of February, 1790. The following 
 distinguished jurists and statesmen were members 
 
THOMAS CHITTEXUKN. 79 
 
 of this august body : James Wilson, James Rosi^, 
 Albert Gallatin, Timo. Pickering, Ths. McKean, 
 Wm. Lewis, Thomas Mifflin, and Alex. Addison. 
 
 The people of Pennsj^lvania had suffered so 
 much from the violent and tyrannical proceeding of 
 their Legislature, and had witnessed so great an 
 abuse of the power of appointment, vested in 
 their Executive Council, that the reader will be 
 prepared to find that, in framing their new con- 
 stitution, the removal of these evils was a prima- 
 ry object. They divided the Legislature, by con- 
 stituting a Senate, the members to be elected for 
 four years. They provided for an election of a 
 Governor by the people, to hold his office for three 
 years, and vested in him the power of appoint- 
 ment and removal, without the advice and consent 
 of a Senate or Council. The Judges of the Su- 
 preme Court were to hold their office during good 
 behavior. 
 
 They provided no mode of amending the Con- 
 stitution, preferring the mode they had pursued 
 in amending it. They considered that as long as 
 the people are satisfied with the Constitution, it 
 should never be disturbed by any theoretical spec- 
 ulations, and that whenever the people are dissat- 
 isfied with it, this dissatisfaction will be represeiv 
 
so MEMOIR OF 
 
 ted in the Legislature, and thej will refer the 
 question to the people, whether a convention shall 
 be called. 
 
 It appears from the journals of the convention, 
 that there was an unexampled degree of unanimity 
 through their whole proceedings, and when they 
 had gone through with the constitution, it was 
 adopted with one dissentient. 
 
 It also appears from the journals of the conven- 
 Vention, that not one word was said in favor of 
 the last section in the constitution, providing for 
 a Council of Censors. 
 
 The people manifested no dissatisfaction with 
 this constitution, until the year 1825, when the 
 Legislature passed an act referring to the people 
 the question whether a convention should be call- 
 ed, and they decided against it. 
 
TIIOMAP CHITTENDEN. 81 
 
 CHAPTER IV. 
 
 The first section in the Bill of Rights in the Constitution of 
 Pennsylvania, so amended as to abolish slavery. — Act to 
 prevent the transportation of negroes and mulattoes out of 
 the State. — Second section in the Bill of Rights amended. 
 — Ministerial acts. — Fifteentli section amended. 
 
 We are now prepared for an examination of 
 our first Constitution as established by the Con- 
 vention. We shall at present call the attention 
 of the reader to those few sections of our Consti- 
 tution which were formed by making some addi- 
 tions to certain sections of the constitution of 
 Pennsylvania. The reader has seen that the fra- 
 mers of our Constitution took the first Constitu- 
 tion of Pennsylvania as a model, and that they 
 made but very few additions to it, but their at- 
 tention was arrested by the first section in the Bill 
 of Rights. They were satisfied that it contained 
 a declaration of all the natural rights of man, but 
 they saw a portion of their fellow citizens deprived 
 of every one of these rights, and they determined 
 that those rights should be restored to them, and 
 that they should be protected in the enjoyment 
 
 of them by the Constitution. Pennsylvania had 
 
 11 
 
S2 MEMOIR or 
 
 onlj made a declaration of those riglits, and left 
 it to the legislature to secure all classes in the en- 
 joyment of them, and they did it. Some other 
 states made the same declaration, but afterwards 
 treated it as a perfect nullity, and it had no effect 
 except as a proclamation to the world that when 
 they stripped one class of their fellow beings of 
 all their natural rights, they sinned against light 
 and knowledge. But the framers of our Consti- 
 tution, governed by the principles of the natural 
 law, were of course consistent, and did their work 
 thoroughly by making the following addition to 
 the section : 
 
 Therefore, no male person, born in this coun- 
 try, or brought from over sea, ought to be holden 
 by law, to serve any person, as a servant, slave or 
 apprentice, after he arrives at the age of twenty- 
 one years, nor female, in like manner, after she 
 arrives at the age of eighteen years, unless they 
 are bound by their own consent, after they ar- 
 rive at such age, or bound by law, for the pay- 
 ment of debts, damages, fines, costs, or the like. 
 
 Every Vermonter has reason to be proud of 
 this — his own State was the first to abolish Slavery 
 by the Constitution. 
 
 It has been said that tlie soil of Vermont was 
 never polluted by Slavery, but this is a mis- 
 take J there was Slavery in all the New-England 
 
THOMAS CHITTENDEX. S3 
 
 Colonies, and some of the slaveholders moved m- 
 to the Grants and brought their slaves with them. 
 The follo^Ying act proves this, as well as the vigi- 
 lance of the Legislature in protecting all classes 
 of their fellow-citizens in the enjoyment of their 
 natural and constitutional rights. 
 
 An act to prevent the sale and transportation of 
 .Negroes and Mulattoes out of this State. 
 
 "Whereas, by the constitution of this State, all 
 the subjects of this commomyealth, of whatever 
 colour, are equally entitled to the inestimable 
 blessings of freedom, unless they have forfeited 
 the same by the commission of some crime ; and 
 the idea of slavery is expressly and totally explo- 
 ded from our free government ; 
 
 And whereas, instances have happened of the 
 former owners of Negro slaves in this common- 
 wealth, making sale of such persons as slaves, not- 
 withstanding their being liberated by the Consti- 
 tution ; and attempts been made to transport such 
 persons to foreign parts, in open violation of the 
 laws of the land ; 
 
 Be it therefore enacted^ ^e. that if any person 
 shall, hereafter, make sale of any subject of this 
 State, or shall convey, or attempt to convey, any 
 subject out of this State, with intent to hold or 
 sell such person as a slave ; every person so offen- 
 ding, and convicted thereof, shall forfeit and pay 
 to the persons injured, for such offence, the sum 
 of one hundred pounds, and cost of suit ; to be 
 recovered by action of debt, complaint, or infor- 
 mation. 
 
S4 MEMOIR OF 
 
 The second section of the Bill of Rights in the 
 Constitution of Pennsylvania also arrested the at- 
 tention of the framers of our Constitution. 
 
 They had less confidence in that section because 
 it came from that Quaker State, and because the 
 Convention who framed tkat Constitution, sat and 
 did business on the Sabbath as well as on week 
 days. They were pleased with the section, as it 
 contained a declaration of the right of religious 
 liberty, the rights of conscience, but they were 
 fearful that this religious liberty would be some- 
 what larger than that to which the people of New- 
 England had been accustomed. And they just- 
 ly considered, that it was necessary to adapt the 
 Constitution to the religious sentiments, habits and 
 customs of the people of the State. 
 
 In all the colonies of New-England, with the 
 exception of Rhode Island, the towns had been 
 authorized by the Colonial Legislatures to tax the 
 inhabitants for building meeting-houses and the 
 support of preaching. And as there was a ma- 
 jority in the several towns of the Congregational 
 order, the practical operation of the law was to 
 empower that order to tax, and they did tax the 
 minor sects to aid them in building their meeting- 
 houses and supporting ministers. Laws had also 
 
THOMAS CHITTENDEN. 85 
 
 been enacted end executed, to enforce a due ob- 
 servation of the Sabbath. And as it was seen 
 that the people were eminently religious, and it 
 being admitted by all that none but a religious 
 people could support our free institutions, they 
 were fearful of any change in the laws for the 
 support of religion* But the minds of men were 
 at that time in a transition state, as to their views 
 of religious liberty ; they had more enlarged and 
 just views of it than their puritan fathers. 
 
 The Puritans considered that reliG;ious liberty 
 belonged only to the true church, and consisted 
 in a power to punish hereticks and compel all to 
 embrace the true religion. Entertaining these 
 views they could not but think it right to tax 
 them for the support of that rehgion. But the 
 principle of liberty and equality which lies at the 
 foundation of our free institutions, had wrou";ht a 
 change in the minds of men respecting religious lib- 
 erty, and the ecclesiastical government was becom- 
 ing more analogous to the civil government. It 
 has ever been so ; that strong propensity to analo- 
 gy in man which is discovered in all departments 
 of life has rendered ecclesiastical governments 
 through the world analogous to civil governments. 
 And these two governments generally, after some 
 
SQ MEMOIR OF 
 
 contention for the sovreignty, have found it nec- 
 essary to unite, to keep the people in subjection. 
 Hence, the union of Church and State. 
 
 The framcrs of our Constitution, having, as sug- 
 gested, founded it on the equal rights of the citi- 
 zens, and having pretty correct notions of religious 
 liberty, had no idea of authoriaing the Legislature 
 to tax the minor sects for the benefit of the stand- 
 ing order, yet they considered that as all classes 
 of the community had a common interest in the 
 support of public worship, as they had in the sup- 
 port of common schools, they ought to contribute 
 in like manner for its support. 
 
 And they authorized the Legislature to pass 
 Laws to enforce the observation of the Sabbath, 
 and to tax the people for the support of public 
 worship, trusting that they would do it in such 
 manner as to afibrd no just ground of complaint. 
 They accordingly made the following addition to 
 the Section: "'Nevertheless every sector denom- 
 ination of peoj)le ought to observe the Sabbath or 
 Lord^s day^ arid keej:^ %ip ayid siqjj^ort some sort 
 of religious worship^ which to them shall seem 
 most agreeable to the revealed will of God.'' 
 
 The Legislature at their first session in March, 
 1778- passed an act to enforce a due observation 
 
THOMAS CHITTENDEN. 87 
 
 of the Sabbath, and at the October session in 
 1781, an act was passed authorizing towns to lay 
 taxes on the lands within their limits, for the pur- 
 pose of building meeting-houses, shool-houses and 
 bridges, but they passed no act authorizing 
 towns to lay taxes upon their lists for the build- 
 ing of meeting-houses and the support of minis- 
 ters, until October 1783, when they passed an 
 act entitled an act " enabling towns and parishes 
 to erect proper houses for public worship, and 
 support ministers of the gospel." The following 
 is the preamble with extracts from the enacting 
 part: 
 
 An Act to enable Towns and Parishes, to erect 
 
 proper Houses for public Yv^orship, and support 
 
 Ministers of the Gospel. 
 
 Whereas, it is of the greatest importance to the 
 community at large, as well as to individuals, that 
 the precepts of Christianity and rules of morality 
 be publicly and statedly inculcated on the minds 
 of the inhabitants. 
 
 Therefore, 
 
 Be it enacted^ ^"C. that whenever any town or 
 parish shall think themselves sufficiently able to 
 build a meeting-housG, or settle a minister, it shall 
 be the duty of the town or parish clerk, on appli- 
 cation of seven freeholders of such town or par- 
 ish, to warn a town or society meeting, mention- 
 ing the time, place, and matter to be debated ; 
 giving twelve days notice, by posting the same at 
 
88 MEMOIR OF 
 
 the most public place, or places, in said town or 
 parish: and that two thirds of the inhabitants 
 of such tow^n or parish, who shall meet agree- 
 able to such w^arrant, being legal voters, and 
 of similar sentiments with respect to the mode 
 of worship, shall be hereby authorised to ap- 
 point a place or places for the public worship, 
 of God, and fix on a place or places for building 
 a house or houses of worship, and vote a tax or 
 taxes sufficient to defray the expense of such 
 building or buildings ; and also to hire, or other- 
 Avise agree with, a minister or ministers to preach 
 in such tow^n or parish, either to supply such 
 town or parish with preaching, or on probation 
 for settlement ; and further to vote such minister 
 or ministers such settlement or settlements in 
 money, or otherwise, as to them shall seem equal ; 
 and to vote such minister or ministers such annual 
 support in money, or otherwise, (to be agreed on 
 between such minister or ministers and people) 
 as shall be found necessary ; to be assessed on the 
 polls and rateable estates of persons living, or es- 
 tates lying, within the limits of such town or 
 parish. , 
 
 Provided, no person shall be obliged to pay 
 such tax or taxes, or any part thereof, or his es- 
 tate taken therefor, who shall be hereafter descri- 
 bed and exempted by this act. 
 
 Provided also, that no vote shall be deemed 
 legal and binding on such inhabitants as are not 
 by law exempted as aforesaid, unless there shall 
 be twenty -five legal voters in the affirmative. 
 
 And if the inhabitants of any tow^n or parish 
 shall agree to build a meeting-house or liouscs, 
 
THOMAS dllTTENDM. 80 
 
 agreeable to the tenor of this act, but shall not 
 agree on the place or places to build the same ; in 
 that case it shall be the duty of the county court, 
 at their sessions within the county where such 
 difficulty may arise, at the request of not less 
 than seven members, inhabitants of such town or 
 parish, to appoint an indifferent committee at the 
 discretion of the court, and cost of such town or 
 parish, to view attentively such town or parish, 
 and find out the most convenient place or places 
 for such houses, and there set up a stake or 
 stakes, and acquaint the clerk of such town ot 
 parish therewith, who shall make a record there- 
 of: and such committee shall report their doings 
 to the court that appointed them ; which court 
 shall examine said report, and if found to be just 
 and equalj, shall establish the same. 
 
 And whereas, there are in many towns and 
 parishes within this State, men of different sen* 
 timents in religious duties, which lead peaceable 
 and moral lives, the rights of whose conscience 
 this act is not to control ; and likewise some, 
 perhaps, who pretend to differ from the majori- 
 ty with a design only to escape taxation. 
 Therefore, 
 
 JBe it enacted, that every person or persons, 
 being of adult age, shall be considered as being of 
 opinion with the major part of the inhabitants 
 within such town or parish where he, she or they 
 shall dwell, until he, she or they shall bring a cer- 
 tificate, signed by some minister of the gospel, 
 deacon or elder, or the moderator in the church 
 or congregation to which he> she or they pretend 
 
 12 
 
90 MEMOIR OF 
 
 to belong, being of a different persuasion ; ■v\4nch 
 certificate shall set forth the party to be of their* 
 persuasion; ai.d until such certificate shall be 
 she^Yn to the cierk of such town or parish, (who 
 shall record the same) such party shall be subject 
 to pay all such charges with the major part, as by 
 law shall bo assessed on his, her or their polls or 
 rateable estate. 
 
 Many towns taxed the inhabitants to raise mon- 
 ey for building meeting-houses, settling and sup- 
 porting ministers, agreeably to the provisions of 
 the act. It was productive of great good ; the 
 people in the different towns collected from vari- 
 ous parts of New-England more readily united for 
 the support of public worship in a mode to which 
 they had been accustomed, than they would have 
 done in any new mode. But in most of the towns 
 tljere was a greater proportion of those belonging 
 to the minor sects, ihan there were in the other 
 New-England States, and an opposition to the 
 Ministerial acfc was at once manifested. And 
 this opposition naturally increased from year to 
 year, until the year 1801, when the Legislature 
 repealed the clause in the Ministerial Act, ena- 
 bling any individual to obtain a certificate to ex- 
 empt him from the payment of taxes, and enacted 
 the foliOTYiiig as a substitute : 
 
THOMAS CHITTENDEN". 91 
 
 That every person of ad alt age, being 
 
 a legal voter in any town or parish, shall he 
 considered as of the religious opinion and senti- 
 ment of such society, as is mentioned in said act, 
 and be liable to be taxed for the purposes men- 
 tioned in said act, unless he shall, previous to any 
 vote, authorized in and by said act, deliver to the 
 clerk of said town or parish, a declaration in wri- 
 ting, with his name thereto subscribed, in the fol- 
 lowing Avords, to wit : 
 
 " I do not agree in religious opinion, with a 
 " majority of the inhabitants of this town." 
 
 This, it was supposed, would remove all objec- 
 tions and silence all complaints against the Minis- 
 terial act, but it was soon found that the number 
 of those opposed to the act was increasing. At 
 every session of the Legislature, efforts were made 
 to repeal the act, until the year 1807, when the 
 Legislature repealed the offensive parts of it, di- 
 vesting the towns of all power, to act or pass any 
 vote for the building of meeting-houses or the sup- 
 port of ministers, leaving every individual to de- 
 cide for himself whether he would contribute any- 
 thing for the promotion of those objects. It was 
 well that this act waS continued so long under va- 
 rious modifications. It has taught us a valuable 
 lesson, that all laws must be made in the spirit of 
 our free institutions, or they will be neither satis- 
 factory, useful or permanent. 
 
92 MEMOIR OF 
 
 It "was for some time supposed that the dissatis- 
 faction of the people with the Ministerial act, arose 
 from their objections to its details, and they were 
 modified. But this appeared to have no other ef- 
 fect than to increase the opposition to the act. 
 
 And at length the people spoke to the Legisla- 
 ture in a language which could not be misunder- 
 stood, — we will not permit the Legislature to in- 
 terfere in any manner with our religious concerns. 
 When this act was repealed, great fears were en- 
 tertained that the cause of religion would suffer, 
 that public worship could not be supported without 
 the aid of the law, that ministers would be driv- 
 en from their profession for want of a support, but 
 the condition of the clergy was improved by the 
 repeal of the act. And now after the experience 
 of more than forty years, it is evident that the 
 time had arrived for setting aside that system of 
 supporting public worship by taxation, which was 
 adopted by our puritan fathers, and which was so 
 necessary in that age for the support of a pious 
 and learned clergy, and which had been so bene- 
 ficial in the first settlement of this State. But 
 useful as that system had been, while those in the 
 minor sects were few in number, it proved other- 
 "wise when their numbers had greatly increased. 
 
THOMAS CHITTENDEN. 93 
 
 As none but the Congregationalists taxed tliem 
 for the support of the gospel, they naturally imbi- 
 bed a strong prejudice against that order, but 
 since the cause has been removed, since all the 
 christian sects have been placed on an equal foot- 
 ing, that prejudice is wearing off, and there is a 
 fair prospect that all the christian sects will treat 
 each other in a true christian spirit. 
 
 The next section in the Constitution of Penn- 
 sylvania, which attracted attention was the 15th 
 section in the frame of governmenii, which was a- 
 mended and made the 16th section of our consti- 
 tution. It has been seen that by the Constitution 
 of Pennsylvania, the supreme legislative power 
 was vested in \he Assembly, and the supreme ex- 
 ecutive power was vested in the Governor and 
 Council. The latter was vested with no legisla- 
 tive power, nor had they the slightest connexion 
 
 m 
 
 with the Assembly in legislation. This was not 
 satisfactory to the framers of our Constitution,and 
 they so amended it, as to require all bills^of pubHc 
 nature to be first laid before the Governor and 
 Council for their perusal and proposals of amend- 
 ment, before they should be read in General As- 
 sembly for the last time of debate and amend- 
 ment. 
 
94 MEMOIR OF 
 
 This amendment, at first view, will appear to be 
 of no importance, as it conferred on the Governor 
 and Council no power in legislation, and yet in 
 practice it proved to be of great importance, — it 
 affected the whole course of legislation, rendering 
 the Governor and Council nearly a co-ordinate 
 branch of the legislature. 
 
 No one who personally knew Gov. Chittenden, 
 would hesitate to say that he was the author of 
 this amendment, his sagacity and his experience 
 enabled him to foresee the importance of it. He 
 had been President of the Council of Safety from 
 its first organization. He knew the men who com- 
 posed that Council, and he foresaw that many of 
 them would be members of the Council under the 
 Constitution. He had also been a member of sev- 
 eral Conventions, and was acquainted with the 
 members, and knew that many of them would be 
 members of the House of Representatives. And 
 his good sense and experience taught him that 
 they would need the advice and direction of the 
 Governor and Council. And there is very little 
 doubt that he contemplated the very mode of leg- 
 islation which was pursued at the first session, as 
 the result of this slight connexion between the 
 two Houses in legislation. And that it would eu- 
 
THOMAS CHITTENDEN. 
 
 95 
 
 able the Governor and Council to exert an influ- 
 ence upon the House of Representatives. Accor- 
 dingly we find that at the first session, as all bills 
 originating in the Assembly were to be laid before 
 the Governor and Council for amendment, the as- 
 sembly in several instances requested the Gover- 
 nor and Council to lay bills before them, doubtless 
 because they considered them more capable of 
 drafting bills, and that it would save them the 
 trouble of amending the bill if sent from the 
 House. But another practice was introduced and 
 continued through the Septennary of far greater 
 importance. Whenever the Governor and Coun- 
 cil proposed amendments to a bill from the House, 
 and the House could not concur in the amend- 
 ments, the two Houses joined in Grand Commit- 
 tee to discuss the subject and report their opin- 
 ion to the Assembly. And this mode of proceed^ 
 ing was pursued, in all cases when any important 
 subject was debated in the Assembly, they re 
 quested the Governor and Council to join in grand 
 
 Committee. 
 
 Gov. Chittenden of course presided and usually 
 took a leading part in the debate. He never 
 made a set speech, but would seize on some prom- 
 inent point, and by a few sensible and forcible 
 
06 MEMOIR OF 
 
 remarks usually carried the Committee with liim. 
 
 This mode of proceeding was pursued, and the 
 two Houses went on harmoniously together, with- 
 out any act directing the mode of passing laws, 
 until February 1784, when an act was passed en- 
 titled an act " directing the form of passing laws." 
 This act established the mode of proceeding as 
 above stated and limited, in which the Governor 
 and Council should return to the Assembly all 
 bills sent to them for amendment. 
 
 I am aware that it must appear strange if 
 not incredible to men of the present generation, 
 that the House of Representatives, a body some-* 
 what numerous, vested with supreme legislative 
 power ,and the Governor and Council, a small body, 
 vested with no power, yet sHghtly connected with 
 the House in legislation, should have thus pro- 
 ceeded harmoniously together. Yet it will ap- 
 pear credible and natural, when we refer to the 
 peculiar condition of the people of Vermont at 
 that time, and to some of the peculiar views, sen- 
 timents and habits of the men of that age. The 
 inhabitants of the New-Hampshire Grants had 
 been united, and had acted together in defence 
 of their all, their farms and their independence as 
 a people, not under an organized government, but 
 
THOMAS ciirrTENDE:^. 97 
 
 hy a voluntary association of individuals. They 
 constituted their Council of Safety, and their Sub- 
 Committees of Safety, whose decrees had all the 
 force of laws, and the members of the Council and 
 of the Committees were treated with all the re- 
 spect which they had been accustomed to pay to 
 the magistrate. 
 
 This state of things continued until the gov- 
 ernment was organized under the Constitution. 
 And as the common danger continued, the inde- 
 pendence of Vermont not having been acknowledg- 
 ed, all felt the necessity of acting in concert ; to act 
 thus under their former system had become a hab- 
 it so strong, that for some time after the govern- 
 ment was organized, the Governor and Council 
 exercised all the powers, that the Council of Safe- 
 ty had exercised, that is, all the powers of govern- 
 ment, legislative, executive and judicial. In this 
 state of things, and for reasons which have alrea- 
 dy been given, little attention was paid to the 
 Constitution ; it had served to put the machine in 
 motion, but served little purpose as a regulator ; 
 reliance was wholly placed on a union of coun- 
 cils, as it had before been, and many of the peo 
 pie being influenced by the peculiar religious sen- 
 timents and staid habits of the puritans, this iit- 
 
 13 
 
98 MEMOIR OF 
 
 ted tlicm for the condition in -wliich they were 
 placed. To reverence the magistrate and to look 
 to old men for counsel, was with them a religious 
 duty. It was then natural for the House of Rep- 
 resentatives composed of younger men, to look to 
 their fathers and superior magistrates, the Gov- 
 ernor and Council, for advice and direction. 
 
 CHAPTER V. 
 
 Ratification of the first Constitution of Vermont. — Acts of 
 t lie Lesrislature makinir the Constitution a law of the IState. 
 [Extracts from Yt. State Papers. — Address of the Council 
 of Safety to the people. 
 
 Having given a concise history of the Constitu- 
 tion of Pennsylvania, we will now proceed to give 
 a more particular history of our own Constitution, 
 noting as we go along the additions that were 
 made to the Constitution of Pennsylvania, in fra- 
 ming the Constitution of Vermont. 
 
 A question has been raised whether our Consti- 
 tution was duly ratiified ; to prove that it was not, 
 Gov. Slade makes the following note under the 
 Constitution as published in Vermont State Papers, 
 page 241. 
 
 " It is worthy of remark, that this Constitution 
 was never submitted to the people for their appro- 
 
 
THOMAS CUITTENDEN. ^ 9q 
 
 bation. It is stated by Ira Allen, in his history 
 of Vermont that the credentials of the members 
 of the Convention, authorized them io form a Con- 
 stitution, but were ^\\Qiiidi^ioii^ ratification; and 
 that, owing to the unsettled state of public opin- 
 ion, it was thought hazardous to submit it, direct- 
 ly, to the decision of the people. It was, howev- 
 er, silently submitted to, — not only because a 
 government, organized under even a defective 
 constitution, was esteemed preferable to the un- 
 settled state of things which had so long existed, 
 but because such organization seemed necessary 
 to lay the foundation for a recognition of the sov- 
 ereignty of Vermont, and her admission into the 
 Union." 
 
 At the session of the Legislature in 1779, an 
 
 act was passed, entitled " An Act for securing 
 
 general privileges of the people, and establishing 
 
 common law and the constitution, as part of the 
 
 laws of this State," and concluding as follows : 
 
 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, such alterations 
 and additions as shall be made in such Constitu- 
 tion, 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. 
 
 In June, 1782, an act was passed entitled an 
 
 act establishing the Constitution, and securing the 
 
 privileges of the people. By this act the forego- 
 
100 • MEMOIR OF 
 
 ing section was enacted in the same "words. To 
 the first of these acts, Gov. Slade appended the 
 following note : 
 
 '' The Constitution, if it was any thing, was, al- 
 ready, the fundamental law of the State, possess- 
 ing 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, — and yet we here 
 find the legislature gravely attempting to give to 
 this instrument the force of law P^ 
 
 A recurrence to the history of the Constitution, 
 will explain this singular proceeding. We have 
 before suggested, that it was never sanctioned by 
 the people, 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 confirmed by this 
 attempt to legalize the Constitution ; and we are 
 irresistibly led to the conclusion, that it was con- 
 sidered a mere nullity by the statesmen of that 
 period." 
 
 These constitutional principles stated by Gov. 
 Slade are at this day known to all, and admitted 
 by all, the learned and unlearned, but it does not 
 follow, that the framers of our Constitution were 
 governed by them or ever had an idea of them. 
 Every one, who in an examination of the history 
 of our Government, shall go back beyond the 
 r^ach of his own memory will be exposed to simi- 
 lar errors. 
 
THOMAS CHITTENDEN. , 101 
 
 When we extend our researches back for a pe- 
 riod of years, to learn the true history of a gov- 
 ernment which has for ages been administered 
 on the same principles, we are liable only to 
 make some unimportant mistakes from a change 
 in the language ; we may mistake the meaning of 
 an act or the motives for passing it ; but our gov- 
 ernment originated in a revolution, important, as 
 it overthrew the authority of the Eritish Govern- 
 ment and established our independence, but still 
 more important as a revolution in civil govern- 
 ment. 
 
 For the first time since the existence of man, 
 we find a people forming a written Constitution of 
 civil government, founded on the great princi- 
 ple, that all power is inherent in the people, and 
 all free governments are founded on their author- 
 ity. And in the exercise of their primitive sov- 
 ereignty, the people parcelled out the powers of 
 government, by constituting a Legislative, Exec- 
 utive and Judicial department, limiting the powers 
 of each. 
 
 Now can we suppose, that the framers of this 
 Constitution had a very accurate idea of the sys- 
 tem which they had formed, — did they all at once 
 become profound Constitutional lawyers ? In all 
 
102 MEMOIR OF 
 
 governments wlilch had previously existed, tlie 
 legislature, the law-making power, had been sove- 
 reign, absolute and uncontrollable. Judge Black- 
 stone says, " Legislation is the greatest act of su- 
 periority that can be exercised by one being over 
 another, wherefore it is requisite to the very 
 essence of law, that it be made by the supreme 
 power. Sovereignty and Legislation are, indeed, 
 convertible terms. One cannot subsist without the 
 other." This constitutional law, this omnipotence 
 of the Legislature, the Colonists brought with 
 them from the mother country, as they brought 
 with them the common Law. And when they 
 constituted the legislature, they considered that 
 its power was necessarily supreme and uncontroll- 
 able, and that all constitutional restrictions upon 
 their power were merely directory. No idea was 
 entertained that an act of the legislature, however 
 repugnant to the Constitution, could be adjudged 
 void and set aside by the judiciary, which was 
 considered by all a subordinate department of the 
 government. And these sentiments generally 
 prevailed until after the Constitution of the Uni- 
 ted States was promulgated. It was then seen 
 that the people of the United States, in the exer- 
 cise of their sovereignty, had formed a Constitution 
 
THOMAS CHITTENDEN. 103 
 
 binding upon the whole United States, had re- 
 stricted the powers of the State Legislature, had 
 declared that Constitution to be the supreme law 
 of the land, and had constituted a judicial tribunal 
 to decide all questions arising under that Consti- 
 tution. After tills, it was no longer possible to 
 maintain the political heresy which had so long 
 prevailed. It was now seen that a State Consti- 
 tution, so far as it was not affected by the Conr 
 stitution of the United States, was from its very 
 nature, the supreme law of the State, without any 
 declaration to that effect ; that all acts of the Leg- 
 islature repugnant to the Constitution were void, 
 and must be set aside by the Judiciary. 
 
 That I have given a correct history of consti- 
 tutional law at that early period, relative to the 
 powers of the Legislature, the reader will be satis- 
 fied by recurring to the Constitution and the pro- 
 ceedings of the Council of Censors. It has been 
 seen, that the second section in the frame of gov- 
 ernment is in these words — '' the supreme legisla- 
 tive power shall be vested in a House of Repre- 
 sentatives." Now whatever may be said of the 
 men who framed our first Constitution, it must be 
 supposed that the person who wrote, and those 
 who adopted this section in the Constitution of 
 Pennsylvania, were accustomed to use precise and 
 
104 MEMOIR OF 
 
 appropriate language, and if it be said that tlie 
 word supreme "was a careless expression made use 
 of in this case, because the law-making power had 
 been termed the supreme power, be it so. It 
 proves that the distinction between the power of the 
 legislature thej were constituting, and the power of 
 all prior legislatures, had never occmTod to them. 
 If it had occurred to them that thej could limit 
 the power of the legislature which they constitu- 
 ted, surely, they would not have conferred on it 
 supreme power. 
 
 In the year 1777, the constitution of New- 
 York was adopted, by which supreme legislative 
 power was vested in a Senate and House of Rep- 
 resentatives. The first Constitution of Massachu- 
 setts was not adopted until the year 1780. The 
 following is the first article — " the department of 
 legislation shall be formed by two branches, a 
 Senate and House of Representatives." When 
 the Constitution of New- York was revised, the 
 first article was made to read — " the legislative 
 power of this State shall be vested in a Senate 
 and Assembly." In the year 1790, the first Con- 
 stitution of Pennsylvania, was amended, and the 
 first article made to read as follows — " the legis- 
 lative power of this Commonwealth shall be vested 
 in a General Assembly, which shall consist of a 
 
THOMAS CHITTENDEN. 105 
 
 Senate and House of Kepresentatives." 
 
 We may here refer to the last section of our 
 Constitution, by which it is made the duty of the 
 Council of Censors to recommend to the Legisla- 
 ture, the repealing of all such laws as shall ap- 
 pear to them to have been enacted contrary to the 
 principles of the Constitution. It appears by this, 
 that the framers of the Constitution did not per- 
 ceive that all unconstitutional acts would be void, 
 but they considered that they must remain in full 
 force and effect until repealed. The Council of 
 Censors were authorized to order the Assembly 
 to impeach, as this was not a legislative act, but 
 they were not authorized to order the Assembly 
 to repeal their acts, because they were vested 
 with supreme legislative power. I shall hereafter 
 pay more particular attention to this section and 
 to its practical operation. To close this subject 
 and to satisfy the reader, what was the constitu- 
 tional law of that period, I refer to the following 
 extract from the address of the first- Council of 
 Censors. After having censured the legislature 
 for passing an act which was a gross violation of 
 the Constitution, the Council thus conclutde: 
 " And this chain of adamant would be effectually 
 riveted, as redress without a dissolution of the 
 
 14 
 
106 MEMOIR OF 
 
 government could not be expected, none but tbe 
 legislature, "whose interest it would be to withhold 
 it, being competent to give it." 
 
 By the foregeing it appears that the powers of 
 a legislature, established by a State Constitution, 
 were at that time considered as supreme and un- 
 controllable ; that a written Constitution of civil 
 government had not been raised to the dignity of 
 a law, much less to the rank of a supreme law of 
 the State, as it in fact was, before the Constitu- 
 tion of the United States was adopted. And is 
 it wonderful, that a distinction was not at once ta- 
 ken between the powers of a legislature establish- 
 ed by a State Constitution, and the powers of the 
 legislature in all other governments, and that it 
 was not perceived that the law-making power could 
 be limited ? 
 
 Sovereignty had been exercised over the peo- 
 ple as subjects. That sovereignty had been swept 
 away and the people had become the sovereigns, 
 wielding the supreme power of the State. Thus 
 situated, time was required for the people to 
 break up their fonner habits of thought, and set 
 aside the principles of the governments under 
 which they had lived, before they could discover 
 the principles of their new govenament. Is it 
 
THOMAS CHITTENDEN. 107 
 
 then incredible that the legislature passed the act 
 to give the force of law to the Constitution ? 
 The wording of the act affords conclusive evidence 
 that this was their object. If the act was passed 
 to remedy a defect in the ratification of the Con- 
 stitution, it is difficult to conceive why they should 
 go beyond the existing Constitution ; but they did 
 go further, and enacted " that the Constitution as 
 established by the Convention, subject to such al- 
 terations and additions as shall be made in it, a- 
 greeably to the 44th section of the frame of gov- 
 ernment, shall ever be considered, held and main- 
 tained as a part of the laws of this State.'* Now 
 they must have embraced and legaUzed all amend- 
 ments, which should be made to the Constitution, 
 either to save the trouble of passing an act at the 
 end of each Septenary, to legalize the amended 
 constitution, or they must have considered that if 
 they made the existing Constitution a law of the 
 State, forever, it could never be amended without 
 a repeal of their act. 
 
 From what has been said, it is very clear that 
 the act was not passed to remedy any supposed 
 omission of a ratification of the Constitution. And, 
 surely, if it was, it affords no explanation of the 
 transaction, for the legislature had no power to 
 
108 MEMOIR OF 
 
 pass any act affecting the Constitution. They 
 were not elected by the people, in the exercise of 
 their primitive soveriegnty, to act in relation to 
 their fundamental law, the constitution, but to ad- 
 minister the government under the Constitution. 
 
 The legislature of Vermont did not stand alone 
 in passing acts affecting the Constitution, for on 
 the 20th of September 1777, the legislature of 
 New Jersey passed an act altering the Con- 
 stitution of that State, by substituting the word 
 State for the word Colony, in Commissioner's 
 writs, &c. No other alteration has been made in 
 that Constitution since it was adopted ii\ 1776. 
 
 The reader will recollect that the only evidence 
 to prove that the Constitution was considered in- 
 valid is an extract from Ira Allen's history of Ver- 
 mont. Allen says that the credentials of the 
 members of the Convention authorized them to 
 form a Constitution, but were silent as to its rati- 
 fication. It appears from this that Allen was un- 
 acquainted with the constitutional history of that 
 period, and it seems he considered that every con- 
 stitution, to have any binding force, must be rati- 
 fied by the people in their primary assemblies. 
 Now until some years after our Constitution was 
 adopted, every State Constitution was formed by 
 
THOMAS CHITTENDEN. 109 
 
 a convention authorized to form a Constitution 
 without any subsequent ratification, and of course 
 their credentials were silent as to a ratification, 
 for none was required. Of this there can be no 
 doubt, for it is proved by matter of record. Some 
 years after this, and before Allen wrote his his- 
 tory, the legislatures of some of the States were au- 
 thorized to make amendments to their Constitu- 
 tions, but to render them valid a ratification by 
 the people was required. Allen does not inti- 
 mate that any objection was made to the Consti- 
 tution because it was not ratified by the people, 
 and it is confidently believed that none was ever 
 made. 
 
 The following address of the Council of Safety 
 to the people of Vermont, clearly proves that they 
 pursued the same course in forming their Consti- 
 tution that was pursued by all the other States. 
 Thev called a Convention to form and establish a 
 Constitution binding upon the people, without be- 
 ing laid before them for their ratification. 
 
 In Council op Safety, ) 
 
 Bennington^ Feb. 6th, 1778. ) 
 
 To the Inhabitants of the State of Vermont : 
 
 Gentlemen, — The united and joint represen- 
 tatives of this state, in their general convention, 
 
110 MEMOIR OF 
 
 held at Windsor, on the 2d of July last, did com- 
 pose, and agree, unanimously, on a constitution 
 for the future government and mutual advantage 
 of its inhabitants. It was then proposed by the 
 joint agreement of the said representatives, that 
 such constitution should be printed, so as to have 
 had them circulated among the inhabitants, seas- 
 onably, to have had the general election of rep- 
 resentatives to compose the general assembly, in 
 December last ; who, by agreement, were to have 
 met at Bennington, within this State, in the month 
 of January last. But finding, by repeated expe- 
 rience, that the troubles of the war, and encroach- 
 ments of the enemy, would, of necessity, render 
 it impossible, this council did think fit to again 
 call on the members of the general convention, to 
 meet ; who, accordingly, met at Windsor, on the 
 24th day of December last, and did, unanimously, 
 agree to postpone the day of election until the 
 first Tuesday of March next, and the sitting of 
 the assembly to be at Windsor, on the second 
 Thursday of March next. The constitution is 
 now printed, and will be distributed among the in- 
 habitants of the several towns in this state, so 
 early, that they may be perused before the day of 
 election ; which, this council hope, will, sufficient- 
 ly, recommend the most safe and just method of 
 choosing of representatives to compose the general 
 assembly. Nothing but a real zeal for the future 
 well being of the United States of America, in 
 general, and this, in particular, could have indu- 
 ced this council to have undertaken the arduous 
 task of sitting, so many months successively, to 
 
THOMAS CHITTENDEN. Ill 
 
 provide for the safety of its inhabitants. They, 
 therefore, flatter themselves that their services 
 will meet the approbation of their employers. The 
 Council are of opinion that nothing but the want 
 of a firm attachment and joint connection of the 
 inhabitants of this state, can frustrate ,^ or prevent 
 their being what they so reasonably wish to be. 
 I am. Gentlemen, by order of Council, 
 Your most obd't humble Serv't, 
 
 THOMAS CHITTENDEN, PresH. 
 
 Since this work has been in press, I have been sa 
 fortunate as to find, in an old volume containing 
 the revised laws of 1787, the folbwing acts of the 
 Legislature. An act establishing the Constitution 
 of Vermont, and for determining who are entitled 
 to the privileges of the Constitution and Laws. 
 
 Be it enacted, That the Constitution of this 
 State as revised and established by convention, 
 held at Manchester, in June 1786, subject to 
 such alterations and additions as shall be made 
 agreeable to the 40th section in the plan of Gov- 
 ernment, shall be forever considered, held, and 
 maintained as part of the laws of this State. 
 
 And be it further enacted, That all the subjects 
 of the United States of America, shall, within this 
 Commonwealth be equally entitled to the privi- 
 leges of law and justice with the citizens of this 
 State, in all cases proper for the cognizance of the 
 civil authority, and courts of judicature in the 
 same, and that without pai'tiality or delay. And 
 
112 MEMOIR OP 
 
 that no man's person shall be restrained, or im- 
 prisoned, unless by authority of law. 
 
 And, in an act, for regulating the election of 
 Governor, Lieut. Governor, Council, Treasurer, 
 and Representatives, is the following clause — the 
 act is not divided into sections : 
 
 Be it further enacted. That qycyj freeJiolder of 
 the full age of twenty-one years, having resided 
 in this State for the space of one year, next be- 
 fore the election of Representatives, and who is of 
 a quiet and peaceable behavior, and will take the 
 following oath, (or affirmation,) shall be entitled 
 to all the privileges of a freeman of this State. 
 
 There are several other clauses in this act in- 
 tended to give to certain sections of the Constitu- 
 tion the form, force and effect of an act of the 
 Legislature : but this it is seen, makes an impor- 
 tant alteration in the 18th section in the frame of 
 government. That section gave to all, the right of 
 suffrage without any property qualification ; the 
 act deprived all of the right of suffrage except 
 freeholders. This produced a dififerent practice 
 in the admission of freemen in the different towns ; 
 in some towns they were goverened by the Con- 
 stitution ; in other towns, they were governed by 
 what they considered the paramount law — the act 
 of thQ Legislature. In the revision of the laws 
 
THOMAS CHITTENDEN. 113 
 
 in 1797, all the acts of the Legislature, legalizing 
 or altering the Constitution were swejot away, but 
 thej are of more practical use than ever — they 
 put the question . we have been discussing at rest 
 — they prove conclusively that an act of the 
 Legislature was considered paramount to the Con- 
 stitution, and consequently, that every act of the 
 Legislature, however repugnant to it, riaust con- 
 tinue in force until repealed. Hence the Coun- 
 cil of Censors- were vested with ample autliority 
 to recommend to the Legislature the repealing of 
 such laws as shall appear to them to have been 
 enacted contrary to the principles of the Consti- 
 tution. 
 
 It may appear to the reader that I have occu- 
 pied too much space — he may feel that I have de- 
 tained him too long with the discussion of this sub- 
 ject, but he will find it very useful, as it will en- 
 able him to account for the origin, and some of 
 the singular provisions of the last section of the 
 Constitution, which will be the subject of the next 
 chapter. 
 
 15 
 
114 WEMOIR OF 
 
 CHAPTER VI. 
 
 The last section of the Constitution providing for a Councjf 
 of Censors, originated in a want of confidence in the Gov- 
 ernment which they had instituted. — Expen^^ive mode of 
 
 . amending the Constitution. — Mode of amending the Con- 
 stitution in Kentucky and Missouri. — Extracts from Chip- 
 man's principles of Government. 
 
 Having examined those sections of our Consti- 
 tution ^'hicli were formed bj making additions to 
 certain sections of the Constitution of Pennsylva- 
 nia, I will now call the attention of the reader to 
 the last section of the Constitution, providing a- 
 mong other things for its amendment. This sec- 
 tion, it has been seen, is a copy of the last section 
 in the Constitution of Pennsylvania, with the ex- 
 ception of that part which relates to the number 
 and the mode of electing the members of the 
 Council. 
 
 In the concise history which has been given of 
 the first Constitution of Pennsylvania, the reader 
 has seen what was the practical operation of the 
 provision in that State. But to ascertain what 
 has been, and from the nature of the provision, 
 must be its practical operation in this State, is of 
 far greater importance to us. I propose, there- 
 fore, to treat the subject somewhat at large, and 
 
THOMAS CIIITTENDEX. 115 
 
 show that the principles on which our institutions 
 rest were but imperfectly understood, — that there 
 was a want of confidence in the people and in the 
 Legislature, and that the Council of Censors was 
 constituted for a protection, against both. 
 
 As this section was soon abolished in Pennsyl- 
 vania, and most of the thirty American States 
 have since that time, either amended their Con- 
 stitutions or formed new ones, and not one of 
 them, with the exception of Vermont, has adopted 
 this section, or any provision contained in it, it 
 seems that it must have originated in some pecu- 
 liar views of civil government entertained by those 
 who framed it, and which arose from the novel 
 situation in which they were placed. Our Con- 
 stitution of civil government being only evidence 
 of a civil compact, an agreement by and between 
 the whole people, upon the manner in which they 
 would be governed, and the government has prov- 
 ed to be so efficient in preserving good order and 
 promoting the happiness of the people, that it 
 seems to us it naturally grew out of the moral and 
 social nature of man, and we cannot conceive it 
 possible that any rational being could have enter- 
 tained a doubt of the capacity of the people for 
 self-government. We must be undeceived with 
 
116 MEMOIR OF 
 
 respect to this, before we can have any clear un- 
 derstanding of our early history. 
 
 Man is a creature of habit, and in nothing does 
 habit appear more akin to instinct, than it does in 
 relation to the government under -which he lives. 
 Without this trait in the character of man, no gov- 
 ernment could long exist. 
 
 The people of the American Colonies had lived 
 so long under the British Government, a limited 
 monarchy, that they had become strongly attached 
 to it by habit. They asked nothing, they desired 
 nothing but the enjoyment of their Constitutional 
 rights as British subjects, and they complained of 
 nothing but a violation of those rights by the Min- 
 isters of the King, and they felt a strong desire 
 for a reconcihation between the Colonies and the 
 Mother Country. These sentiments prevailed and 
 were generally expressed, until after the Declara- 
 tion of Independence. In the first Constitution 
 of New Hampshire, adopted on the 5th day of 
 January 1776, we find the following : 
 
 Therefore, for the preservation of peace and 
 good order, and for the security of the lives and 
 properties of the inhabitants of this colony, we 
 conceived ourselves reduced to the necessity of 
 establishing a form of government, to continue du- 
 ring the present unhappy and unnatural contest 
 
THOMAS CHITTENDEN. 117 
 
 with Great Britain ; protesting and declaring, that 
 we never fought to throw off our dependance up- 
 on Great Britain — but felt ourselves happy under 
 her protection, while we could enjoy our constitu- 
 tional rights and privileges — and that we shall re- 
 joice, if such a reconciliation, between us and our 
 parent state, can be effected, as shall be approved 
 by the continental congress, in whose prudence 
 and wisdom we confide. 
 
 And to the Constitution of New Jersey, adopted 
 July 2, 1776, two days before the Declaration of 
 Independence, the following proviso was annexed : 
 
 Provided always, and it is the true intent and * 
 meaning of this congress, that if a reconciliation, 
 between Great Britain and these colonies, should 
 take place, and the latter be taken again under 
 the protection and government of the croAvn of 
 Britain, this charter shall be null and void — oth- 
 erwise to remain firm and inviolable. 
 
 In the government of Great Britain, to which the 
 people of the Colonies were so strongly attached, 
 as well as in all other existing governments, there 
 was a power above the people which governed 
 them as subjects. 
 
 Under this government, the people of the Colo- 
 nies occasionally witnessed scenes of popular vio- 
 lence, endangering the lives and property of all, 
 and they had rejoiced to see the violators of the 
 
118 MEMOIR OF 
 
 law subdued, and peace and good order restored 
 in the name and by the authority of the King. 
 
 But they could not readily conceive how this 
 could be done by the people themselves, and so it 
 came to be said that the people needed protection 
 against their own worst enemies, themselves. And 
 great fears were entertained, that a government 
 by the people would have none of the properties 
 of a good government, that it would neither have 
 any stability nor render the citizens secure in 
 the enjoyment of their rights. And these views 
 and these fears were expressed, until the Con- 
 stitution of the United States was adopted. 
 
 The reader has seen that the first Constitution of 
 Pennsylvania was formed twelve years before this, 
 when the first attempt was made to form a civil gov- 
 ernment, founded on the sovereignty of the peo- 
 ple, and when, as before remarked, great fears 
 were entertained that such a government would 
 prove a failure. All their ideas of civil govern- 
 ment had been formed, by witnessing the opera- 
 tion of those governments, where the people had 
 been governed by some man or body of men rais- 
 ed to a high rank above them, and in whom was 
 vested the power, and consequently the sovereign 
 right to govern. And they could not readily con- 
 
THOMAS CHITTENDEN'. 119 
 
 celve how the people could be all at once trans- 
 formed from subjects into sovereigns ; it seemed 
 like letting the people loose upon themselves. 
 And their fears were greatly increased by the er- 
 roneous opinion then prevailing, that the powers 
 of the Legislature could not be restricted — that 
 all their acts, however repugnant to the Consti- 
 tution, would have the force of laws. Fears were 
 also entertained that the people would be so fickle, 
 that no permanent government could be maintain- 
 ed. The framers of the Constitution were op- 
 pressed with these fears, and almost brought to a 
 stand, when a plan was conceived and proposed 
 for creating a power so long sought in vain, which 
 was to control the Legislature, prevent all abuse 
 of power, and, at the same time, keep the people at 
 a respectful distance from their Constitution ; and 
 they break out in the triumphant language of the 
 section, " in order that the freedom of this Com- 
 monwealth may be preserved inviolate forever, 
 there shall be chosen by ballot, &;c." Through 
 the whole section, we find the language of a man 
 who, in the prosecution of a hazardous enterprise, 
 on the successful issue of which, he had risked his 
 whole fortune, had met with obstacles in his way, 
 which had appeared insurmountable, and who af* 
 
120 MEMOIR OF 
 
 ter a long and doubtful struggle had removed 
 them all, and is exulting in his unexpected suc- 
 cess. It being the great object to create a high 
 controlling power, they make a free use of the 
 word authority, " they shall have authority to pass 
 public censures, and to recommend to the Legis- 
 lature the repealing of such laws," &c. They 
 did not make it the duty of the Council to pass 
 public censures, if they should find anything cen- 
 sureable in the administration of the government ; 
 this would have appeared to them but feeble lan- 
 guage, illy adapted to create that high power 
 which they had in view. By neither of the clau- 
 ses of the section above recited, is the least power 
 conferred upon the Council. The same is the 
 case with the clause which authorizes the Council 
 to order impeachments, for the Council had no 
 power to enforce the order. The framers of the 
 Constitution then must have relied on the great 
 moral power with which they had invested the 
 Council, and yet, experience has shown that they 
 have been entirely powerless, they have not had 
 as a body the least power whatever; not because 
 it has been composed of uninfluential men, far 
 from it ; we haVe generally had in the Council 
 men of the highest standing, men of great person- 
 
THOMAS CHITTENDEN. 121 
 
 al influence ; but it arose from the constitution of 
 the Council itself, composed of a small number pos- 
 sessing no power whatever. It is necessarily so 
 with all political bodies ; reduce their numbers 
 and their influence is lessened, unless their power 
 be augmented, as in the case of our old Council, 
 as it is termed, a body composed of about the 
 same number of the Council of Censors. They 
 possessed just power enough, occasionally to dis- 
 turb the house of Representatives in their career 
 of legislation. The members of the House looked 
 upon the Council as an inferior body. These 
 feelings were more and more manifest, until it was 
 observed that when the Governor and Council en- 
 tered the Kepresentatives Hall, the members 
 "Would speak contemptuously of the Governor and 
 his team. On the other hand, in those States 
 where the whole power of appointment is vested 
 in the Governor and four or five Councillors, these 
 small bodies are highly respectable and influential, 
 because vested with important powers. 
 
 Sensible of their want of power to correct the 
 administration of the government by public cen- 
 cures, the Councils have generally omitted this 
 part of their duty ; they have occasionally recom- 
 mended to the Lcgislatui-e the repealing of uncon- 
 
 16 
 
122 MEMOIR OF 
 
 stitutlonal acts, but as we have before seen, this m 
 utterly useless, and but one order for an impeach- 
 ment has been made. At the October session of 
 the Legislature in 1799, the Council of Censors 
 ordered the house of representatives to impeach a 
 sheriff, for taking illegal fees. The Council held 
 that the House were bound to impeach the sheriff, 
 charging him with the mal-feasance contained in 
 the order, without evidence. The House put a 
 very different construction upon the Constitution ; 
 they considered themselves as the grand in- 
 quest of the State, and that an impeachment be- 
 fore them was in the nature of a bill of indictment 
 before a grand jury, and the order of the Coun- 
 cil made it their duty to send for the evidence, and 
 to decide whether it was sufficient to support the 
 charge. They accordingly sent for the evidence, 
 and Rnding it insufficient, dismissed the order. 
 This waa in high party times, and the question 
 was made & party question, and of course the de- 
 cision is entiUed to no weight as a precedent ; it is 
 difficult, however, to put any other rational con- 
 struction upon the Constitution. With respect to 
 the practical operation oi' the Ciwuses of the sec- 
 tion above recited, it is sufficient to observe that 
 they have been rather useless than injurious. I 
 
THOMAS CHITTENDEN. 123 
 
 Visli the same could be said with respect to the 
 remaining part of the section, providing a mode of 
 amending the Constitution, but this cannot be said 
 ■with truth. For it has proved expensive beyond 
 all example ; we have had ten Councils of Censors 
 at an expense of between 1400 and 1500 dollars 
 each, and eight Conventions, including the one 
 now called, at an expense of between 5 and 6000 
 dollars each. Nothing like this is to be found in 
 any other State. Some of the States have never 
 had anv Convention to amend their Constitution, 
 and no one has had more than three. Whence 
 this difference ? Is it because the people of Ver- 
 mont are more restless and uneasy than the peo- 
 ple of other States, and are therefore, more dispo- 
 sed to be constantly nltering their Constitution ? 
 No one will admit this, but every one who will 
 pay the least attention to the subject, will per- 
 ceive that it has arisen from our absurd pro- 
 vision, for the election of a Council periodically at 
 the end of every seven years, whose duty it is to 
 tax their ingenuity in devising some amendments 
 to the Constitution, to supply defects which the 
 people had never discovered. In every other 
 State the Constitution remains undisturbed, until 
 the people become dissatisfied with it, and, in some 
 
124 MEMOIR OF 
 
 form, express a desire to have it amended. We 
 have seen in what manner the State of Pennsyl- 
 vania proceeded in amending their Constitution : 
 the people were dissatisfied with it, and the dis- 
 satisfaction was of course represented in the Leg- 
 islature, and they referred to the people the ques- 
 tion whether a Convention should be called to a- 
 mend the Constitution : — that a Convention was 
 called and a new Constitution formed. That the 
 people expressed no dissatisfaction with this Con- 
 stitution till the year 1825, when the Legislature 
 again referred the question to the people, whether 
 a Convention should be called, and they decided 
 against it. Now here the question was decided 
 by the people themselves, without any expense, 
 and, if in any such case, the people decide in fa- 
 vor of a Convention, the presumption is, that their 
 representatives in the Convention will amend the 
 Constitution agreeably to their wishes. Accord- 
 ingly, in the other States, where no attempt was 
 made to amend the Constitution until the people 
 express a wish for it, I cannot find that a Conven- 
 tion has ever failed to amend it agreeably to the 
 "wishes of the people, whereas most of our Con- 
 ventions have been abortive. Indeed, since the 
 year 1786, no amendment of any importance ha$ 
 
THOMAS CHITTENDEN. 125 
 
 been made, except that constituting the Senate. 
 
 This has not resulted solely, from the calling of 
 conventions periodically, while the people are sat- 
 isfied with the Constitution, and do not wish to 
 have it amended, but, in part from the restricted 
 powers of the convention. 
 
 When the people, from every part of the State, 
 meet in Convention to consider of any proposed a- 
 mendment to the Constitution, different opinions 
 will at once be manifested, and the necessity of 
 acting in a spirit of compromise will be perceived. 
 And when any one finds that a majority of the 
 Convention cannot be brought to coincide with 
 his views, he will modify his own individual opin- 
 ion, and join in support of the amendment, with 
 such modifications, as will render it acceptable to 
 a majority, if he shall judge that the amendment 
 so modified will improve the Constitution. Thus 
 the individual wills of the members are modified 
 and reconciled, and the will of a majority of 
 the people prevails as far as practicable. But 
 the members of our Conventions are deprived of 
 the privilege of acting in a spirit of compromise, 
 if they are so fortunate as to be actuated by it. 
 
 Many cases have occurred, showing the incon- 
 Teaience, not to say the absurdity of our mode of 
 
126 MEMOIR OF 
 
 amending the Constitution. I will notice only the 
 following. The Council of Censors elected in 
 1834, proposed the following amendment to the 
 Constitution: " Sherifis and High Bailiffs shall be 
 elected by the freemen of their respective Coun- 
 ties, and shall hold their offices for the term of 
 three years ; and sheriffs shall not be re-eligible to 
 the same office, during the three years next follow- 
 ing the term for which they shall have been elec- 
 ted." When the amendment was discussed, it 
 was soon found, that, as the convention was com- 
 pelled to swallow the whole, or throw it away, the 
 amendment could not be adopted. Many mem- 
 bers were anxious to have sheriffs elected by the 
 people, but would not consent that they should 
 hold their offices for more than one year. Oth- 
 ers wished to have them hold their offices for 
 three years, but could not consent to have them 
 elected by the people. Others wished sheriffs to 
 be elected by the people for three years, and that 
 the people should be at liberty to elect the same 
 individual triennially, so long as they should find 
 him capable, honest and faithful ; they would place 
 no restrictions upon the people in their elections ', 
 and the amendment was rejected. 
 The same may be the fate of an amendment 
 
THOMAS chittende:^. 12T 
 
 proposed by the last Council of Censors. The 
 proposition is to give to each town, containing 
 25,00 inhabitants, two representatives, and an ad" 
 ditional representative, for every additional number 
 of 1500 inhabitants. Now supposing there be a 
 majority in the convention in favor of increasing the 
 number of members in our House of Representar 
 tives, by giving additional members to large towns, 
 many of this majority may oppose the amendment 
 on the ground that the mean increasing number, 
 for an additional representative, should be at least 
 twice 1500, and the amendment may be rejected. 
 Whereas if the Convention were at liberty to dis- 
 cuss the subject, and in a spirit of compromise to 
 reconcile their different opinions, which on such a 
 subject must in the outset be extremely variant, 
 the amendment might be adopted. 
 ' No other State excepting New Hampshire has 
 provided for a periodical attention to their Consti- 
 tution. In that State they adopted a new Consti- 
 tution in the year 1792, in which there is a pro- 
 vision, that at the expiration of every seventh year 
 the people shall, at the annual election, vote on 
 the question, whether a Convention shall be called 
 to amend the Constitution, and whenever a major- 
 ity of all the freemen of the St^te ghall vote ia 
 
12S MEMOIR OF 
 
 favor of it, a Convention shall be called by the 
 Legislature. This provision effectually prevents 
 all abortive attempts to amend the Constitution, 
 and leaves it undisturbed until the people express 
 a wish for its amendment. Accordingly, as the 
 people have been satisfied -with their Constitution, 
 it has remained unaltered for fifty- seven years. 
 This Constitution was formed after the people had 
 been taught by experience that they were capa- 
 ble of self-government, and had acquired a high 
 degree of confidence in our written constitutions. 
 When the first Constitution of Pennsylvania was 
 formed, in the year 1776, it was far otherwise ; 
 they were very fearful that the pohdcal machine 
 which they had invented and constructed would 
 prove a failure, and they were very sure that as 
 often as once in seven years, at least, it would re- 
 quire a thorough overhauling and extensive re- 
 pairs. And it seems they had little confidence 
 in those who were appointed to take charge of it ; 
 they therefore provided for the appointment of a 
 board vested with ample authority, not only to 
 Bcold the tenders, and advise them to take back 
 any bad work which they had turned off, but to 
 repair the machine itself, or rather to decide what 
 repairs the people should be permitted to inake« 
 
THOMAS CHITTENDEN. 129 
 
 This Council of Censors, by the Constitution of 
 Pennsylvania, was elected by counties, so that 
 all i^ohtical parties had a voice in the election, but 
 the section was so amended in framing our Con- 
 stitution, as to provide for the election of the 
 Council by a general ticket ; by this, the minor 
 pohtical party are deprived of a voice in propos- 
 ing amendments. The candidates for the Coun- 
 cil are selected by a caucus of the dominant par- 
 ty, and the people are called upon to give their 
 votes for the members of a Council of Censors, 
 not because they have become dissatisfied with the 
 Constitution and wish it amended, but because 
 another Constitutional term of seven years has ex- 
 pired before they were aware of it. The conse- 
 quence is, that very little interest is felt in the e- 
 lection, and but few votes are given ; some vote 
 because they have been accustomed to vote for 
 their party candidates, and some because it is the 
 business of the meeting to vote ; but not one vote 
 is given with reference to the sentiments of the 
 person voted for, relative to amending the Consti- 
 tution. The members of the Council, therefore, are 
 in no sense the representatives of the people, but 
 the caucus candidates are elected. I say this be- 
 cause the three last Councils have been thus elected, 
 
 IT 
 
130 MEMOIR OF 
 
 and the two first of them proposed amendments to 
 the Constitution and called Conventions to consid- 
 er them. Now it is quite natural that the minor 
 party, who have been thus proscribed and depriv- 
 ed of a voice in proposing amendments, should 
 look upon them with great disfavor. And either 
 because many candid and high-minded men of 
 both political parties have been disgusted with 
 this very exceptional mode of proceeding in select- 
 ing the Council, or because the minor party have 
 been more active and have more generally attended 
 the meetings, that party have had a majority in the 
 Conventions. This was the case in both of the 
 two last Conventions ; and in the Convention of 
 1836, the amendment constituting a Senate came 
 near being lost by this absurd mode of proceed- 
 ing. The democratic party, for the reasons above 
 stated, were generally opposed to the amendment, 
 and it would have been lost, had it not been sup- 
 ported by several high-minded members of that 
 party, who preferred the pubhc good to party in- 
 terest. By their influence the amendment was ad- 
 opted by a majority of three . But the amendment 
 was again put in jeopardy by the desertion of two 
 other men of that party, both of whom had vo- 
 ted for the amendment, and one other member, 
 
THOMAS CHITTENDEN. 131 
 
 who had voted for the amendment, being neces- 
 sarily absent, a change of the votes would give a 
 majority of two against the amendment ; they, 
 therefore, full of confidence that they should suc- 
 ceed, moved a reconsideration of the vote. Their 
 surprise and mortification at the result maybe 
 readily conceived : a majority of nine against a re- 
 consideration of the vote. This change of votes 
 in the Convention was accounted for at the time. 
 
 When the members of the Convention were 
 chosen, for the reasons which have been stated, in 
 many of the larger towns, but fifteen or twenty 
 attended the meeting, and having experienced no 
 evils from the existing Constitution, were opposed 
 to any alteration of it, and instructed their dele- 
 gates to vote against any amendment of it. When 
 the vote was taken on the motion to reconsider, 
 several of the members who had voted against 
 the amendment in obedience to their instructions, 
 had become anxious for its adoption, and said that 
 the sense of the Convention had been fairly taken, 
 and they should vote 'against the resolution. 
 
 But the most weighty objection to this provis- 
 ion is, that when the people meet in Convention 
 to amend their Constitution, they are restricted 
 in the exercise of their primitive sovereignty. 
 
132 MEMOIR OF 
 
 When we say that the people have at all times a 
 right to reform or alter their Constitution, Tve 
 mean that thej have a right to do this by their 
 representatives in Convention. 
 
 But by this provision we have restricted the 
 people to the simple adoption or rejection of the 
 amendments proposed by the Council. The fra- 
 mers of this section in the Constitution had lived 
 under the charter of Governor Penn, which re- 
 stricted the legislative power of the General As- 
 sembly to the passing of such bills as should be 
 laid before them by the Governor and Council. 
 Although this restriction had become extremely 
 odious to the people of Pennsylvania, as they felt 
 it to be an unnecessary and gross violation of the 
 rights of the people, yet, as they considered it to 
 be absolutely necessary to restrict the people in 
 the exercise of their political Legislation, in amend- 
 ing the Constitution, they very naturally restrict- 
 ed them in the same manner in which Governor 
 Penn restricted the General Assembly — they re- 
 stricted the power of the people, when assembled 
 in Convention to amend the Constitution, to the 
 simple adoption or rejection of such amendments 
 as should be laid before them by the Council of 
 Censors. This is as unexampled as it is absurd. 
 
THOMAS CHITTENDEN. 133 
 
 In no other State is a Convention called to amend 
 the Constitution laid under any restrictions what- 
 ever, but the whole Constitution is open to amend- 
 ment. 
 
 The following is the mode of amending the Con- 
 stitution in Kentucky. The Legislature pass an 
 act specifying certain amendments to the Consti- 
 tution, which is published, and the question is re- 
 ferred to the people whether a Convention shall 
 be called to amend the Constitution, and if there 
 be a majority of the freemen of the State in favor 
 of a Convention, the same shall be repeated the 
 next year, and if a majority of all the freemen of 
 the State again vote for it, a Convention shall be 
 called. Now since such amendments are framed 
 by the Legislature, in which the people are rep- 
 resented as fully, and in the same manner as they 
 are in a Convention called to amend the Consti- 
 tution, if the Convention were restricted to the a- 
 doption or rejection of such proposed amendments, 
 (and objection to it would seem rather technical 
 than solid,) yet in framing their Constitution, they 
 considered a Convention, the members of which 
 were elected by the people in the exercise of 
 their primitive sovereignty as the people them- 
 selves, and that the powers of the Convention 
 
134 MEMOIR OF 
 
 could not be restricted but must be the same as 
 were the powers of the Convention which formed 
 the Constitution. I have said that none of the 
 States have laid any restrictions upon a Conven- 
 tion called to amend the Constitution, but some 
 of the States have dispensed with Conventions 
 altogether. 
 
 In some of the States, slaveholders, conscious 
 that slavery is held in utter abhorrence, as a gross 
 violation of the natural rights of man, and that 
 every opportunity will be seized to abolish it, have 
 taxed their ingenuity to erect some constitutional 
 barrier against it. Take the Constitution of Mis- 
 souri as an instance : The Constitution of that 
 State, as of all other slave-states, prohibits the 
 abolition of slavery by the Legislature, without 
 the consent of the owners, and the following is 
 the mode provided for amending the Constitution 
 of Missouri. " The legislature may at any time 
 propose such amendments to the Constitution as 
 two thirds of each House shall deem expedient, 
 which shall be published in all the newspapers 
 published in the State, three several times at 
 least, twelve months before the next general elec- 
 tion.* And if at the first session of the Gener- 
 
 *The Legislature of Missouri meets biennially. 
 
THOMAS CUITTENDEN. 185 
 
 al Assembly after sucli general election, two 
 thirds of both Houses shall by yeas and nays rat- 
 ify such proposed amendments, they shall be val- 
 id to all intents and purposes, as parts of this 
 Constitution. '^ 
 
 This it was supposed would secure the power 
 of the master over the slave, and render it perpet- 
 ual. But in this they will be disappointed. For 
 "whenever there shall be a decided majority of the 
 people of the State in favor of abolishing slavery, 
 an act will be passed by a majority of the legisla- 
 ture, referring to the people the question whether 
 a Convention shall be called to amend the Consti- 
 tution — a Convention will be called — the Consti- 
 tution amended-^and slavery will be abolished. 
 
 When the people of Missouri met in Conven- 
 tion and framed their Constitution, a majority of 
 necessity governed, and they acted under no re- 
 strictions, but as sovereigns ; and the people of 
 Missouri are in possession of the same absolute 
 sovereignty, and when again called into exercise 
 in amending their Constitution, a majority must 
 govern. To admit that the sovereignty of the 
 people can be restricted by the Constitution, is 
 an admission that it may be made unalterable, 
 ■which is absurd. The people, by reason of ar 
 
136 MEMOIR OF 
 
 difference in their condition, temperament and 
 habits, are divided into two parties, the progres- 
 sive party and the conservative party. The for- 
 mer, being dissatisfied with their condition, are 
 zealous and active in their efforts to change and 
 improve it. The conservatives, on the other hand, 
 being satisfied with their condition, stand braced 
 against any attempted changes. The latter have 
 the force of habit on their side, which enables 
 them to make a stand against the greater order 
 and activity of their assailants, so that neither can 
 obtain a complete victory. This is fortunate, for 
 like all political parties, by their contentions, a 
 repulsion is created between them, and they be- 
 come ultra on both sides, being equally distant 
 from that middle course which calm reflection and 
 common sense would dictate. But no conserva- 
 tive has ever become so ultra as to contend, that 
 either the organic law, the constitution, or the 
 municipal law should be made unalterable — for 
 this would prevent all progress — all improvement, 
 so that neither law could from time to time be ad- 
 apted to the existing condition of the people, or 
 be made such as to meet their approbation, and it 
 has been well said, that it is, perhaps, of as much im- 
 portance, in general, that the people should see and 
 
THOMAS CHITTENDEN-. ' 137 
 
 ackno^vledgc the laws to be wise and good, as it is 
 that thej should be really wise and good. This 
 subject may be further illustrated in few words. 
 The people are at all times the sovereign poHtical 
 legislature of the State, vested with full power to 
 pass all organic laws, all laws relating to the Con- 
 stitution, and cannot be bound by any prior acts 
 of the same legislature. It is obvious, then, that 
 the mode which was pursued in Pennsylvania, in 
 amending their Constitution, was so far from be- 
 ing revolutionary, that it was founded on the great 
 conservative principle, that the political sovereign- 
 ty of the people must continue absolute, and that 
 their power of political legislation cannot be ev- 
 en temporarily suspended by themselves. If it be 
 said that the Constitution of the United States can- 
 not be amended by a bare majority, but a 'majori- 
 ty of three fourths of the States is required to amend 
 it ; in answer to this, it is sufficient to observe 
 that there is no analogy between the Constitution 
 of the United States, and the Constitution of a 
 State. The Constitution of the United States is 
 so far a compact between independent States as to 
 render such restrictions necessary and proper. 
 But, although when the people are in the exer- 
 cise of their primitive sovereignty, in framing or 
 
 18 
 
138 MEMOIR Of 
 
 amending their Constitution, a majority must 
 govern, yet they may so frame their organic laws^ 
 as to require a majority of two thirds, or any great- 
 er proportion of the public functionaries to con- 
 cur, to render their acts valid. This, however, 
 is not in accordance with the principles of our in- 
 stitutions. It will be more clearly seen hereafter, 
 that the strength of the government consists in 
 having all measures supported by a majority. 
 
 On this subject of amending the Constitution, 
 we find the following in Chipman's Principles of 
 Government : 
 
 " That the people may constitutionally exercise 
 their powers of political legislation, it must be 
 provided that they shall, by their representatives 
 elected for that purpose, meet in convention, on 
 the call of the ordinary legislature ; or the legis- 
 lature may be authorized to make proposals of a- 
 mendment of the constitution to the people, to be 
 ratified or rejected in their primary assemblies. 
 Nor can the legislature, composed of members 
 from every part of the state, fail of knowing and 
 being influenced by the sentiments of the people 
 on the expediency of such a measure. Some 
 states have authorized the ordinary legislature to 
 make any amendment of the constitution by their 
 own act ; but requiring a greater degree of una- 
 nimity than in common cases, and that before its 
 final adoption it shall be passed by two successive 
 sessions, that a new election of representatives may 
 
THOMA.S CHITTENDEN. 139 
 
 intervene, who, it is supposed, will have learned 
 and will be actuated by the sentiments of the peo- 
 ple on the proposed amendment. But this must 
 be considered, in a measure, a departure from 
 the principles of the government ; as it confounds 
 the several powers of legislation, and, in a degree, 
 the obligation of the political and civil laws, which, 
 as they are distinct in their nature, ought to be 
 kept in a distinct view. It seems highly expedient 
 that every amendment to be laid before the peo- 
 ple for their consideration, should be passed with 
 the same caution, and the same delay, that it may 
 be maturely considered before its final adoption. 
 Indeed, none but simple propositions ought to be 
 submitted in this way. The people in their pri- 
 mary assemblies are incapable of discussing intri- 
 cate questions. All amendments, alterations, and 
 changes of the constitution that require a deliber- 
 ate discussion in order to a proper adjustment, 
 ought to be referred to a convention of the peo- 
 ple, by their representatives chosen for that spe- 
 cial purpose, where they may meet a full and fair 
 discussion, and be adopted or rejected on mature 
 deliberation."* 
 
 *When we speak of the people as the political legislators 
 of the State, we have referred to the manner in which the 
 people of the American States have exercised the powers of 
 government. Instead of exercising the power of civil legisla- 
 tion, as in a pure democracy, they have usually exercised the 
 power of political legislation, in forming constitutions, insti- 
 tuting governments vested with the whole power of civil leg- 
 islation, by which they have divested themselves of this pow- 
 er, until they again meet, and, in the exercise of their power 
 of political legislation, alter or abolish the Constitution ; hence 
 the people aie termed the political legislators o*" *hc State. 
 
140 ME3I0IR. OF 
 
 It appears that, in writing Lis Principles of 
 
 Government, the author did not advert to the 
 
 question whether the political sovereignty of the 
 
 people can in any way be limited or restricted. 
 
 And yet, on an examination of his whole work, we 
 
 find every part of it consistent with the principle 
 
 that the people, being the sovereign legislature of 
 
 the State, must necessarily be free to act in 
 
 relation to their organic law — the Constitution — 
 
 without any restrictions whatever. I have the 
 
 means of knowing that he adopted this principle, 
 
 and the reader will be satisfied that I am correct 
 
 in this, from the following extract^ of a letter of 
 
 his, dated 20th Dec. 1842 : 
 
 " I am glad that you have undertaken an ex- 
 amination of the last article in our constitution, 
 providing for the election of a Council of Censors, 
 periodically, at the expiration of every term of 
 seven years, vested with certain powers, and a- 
 mong others, that of proposing amendments to the 
 Constitution, and calling a Convention to act on 
 their specific propositions. As to their censorial 
 powers, I have always considered them a mere 
 
 But when they thus meet, their powers of civil and political 
 legislation are altogether unlimited and supreme. And in 
 framing the State Constitution, they have exercised the pow- 
 er of civil legislation, to a greater or less extent. As an in- 
 stance of this, see the 3 1st section in our frame of government : 
 " All deeds and other conveyances of land shall be recorded 
 in the town clerk's office in the respective towns." This is 
 purely civil legislation. 
 
THOMAS CHITTENDEN. 141 
 
 nose of wax, and the impropriety, not to say ab- 
 surdity, of the provision, which compels the rep- 
 resentatives of the people, in convention, to work 
 in trammels, confining them to the adoption or re- 
 jection of each article proposed, without the least 
 alteration, is very apparent. I wish I could write 
 you more fully on this subject, but I have so 
 nearly lost my eye-sight that writing, as you will 
 perceive by this, has become extremely difficult." 
 
 We have seen that the people of Pennsylvania, 
 had a great dishke to the provision for amending 
 the Constitution through a Council of Censors. 
 They looked upon it as the tree of evil, for its 
 fruits were bitter, and they constantly assailed it 
 from the very day it was planted, and so loosened 
 its roots that it died, and before the end of the 
 second septennary it rotted and fell, when there 
 was not a breath of air to move it. But when the 
 only tree of the same family was planted in Ver- 
 mont, it was a great favorite mih the people, they 
 mistook it for the tree of liberty, for whoever 
 looked upon it was assured that it would preserve 
 the freedom of this Commonwealth inviolate for- 
 ever. And it has remained so long undisturbed 
 — its roots have struck so deep in the earth, that 
 it will require the whole strength of the people to 
 remove it. 
 
142 MEMOIR OF 
 
 I will close this chapter with a single remark, 
 that it would be more modest, if not more wise, to 
 pay some deference to the opinion of all our sister 
 States, than to assume that we have all the wis- 
 dom, and that it will die with us. 
 
 CHAPTER VII. 
 
 Little regard paid to the Constitution in the first Septenary. 
 — Address of the Council of'Censors to the people, at the 
 close of their deliberations. 
 
 In stating the alterations which were made in 
 the first Constitution of Pennsylvania, in framing 
 the Constitution of Vermont, I have given a gen. 
 oral view of the course of legislation during the 
 first septennary. No particular regard was paid 
 to the Constitution. This was fortunate for the 
 State, for if it had been understood that the Con- 
 stitution was the supreme law, and that the power 
 of legislation was limited by it, the government 
 might not have been sustained. Gov. Chitten- 
 den, as has been seen, had a remarkable tact in a- 
 dapting his measures to the existing state of 
 things, and he was but very little disturbed by 
 
THOMAS CHITTENDEN. ' 143 
 
 any constitutional restrictions. Judge Chipmanj 
 ■who came into the State soon after the govern- 
 ment was organized, a young lawyer, and of course 
 somewhat technical, did not in all cases approve 
 of the course pursued by Gov. Chittenden ; but he 
 too was distinguished for his capacity in adapting 
 legislation to the condition of the people, as he 
 was afterwards distinguished as a judge, in adap- 
 ting the law to the justice of the case before him, 
 and generally acted with Gov. Chittenden. 
 
 He supported the quieting act so called, after 
 its details were so amended as to do equal justice 
 to land owners and settlers. And after the State 
 had been carried through these troublous times 
 and become one of the United States of America, 
 I have often heard Judge Chipman remark that 
 he did not believe the government would have 
 been sustained, had any man but Gov. Chittenden 
 been at the head of it. 
 
 At the close of the first septennary, the follow- 
 ing persons were elected members of the Council 
 of Censors : Lewis Bebee, Jona. Brace, Benja- 
 min Carpenter, Ebenezer Curtis, Jona. Hunt, 
 Stephen Jacobs, Ebenezer Marvin, Increase 
 Mosely, Elijah Robinson, John Sessions, Micah 
 Townsend and Ebenezer Walbridge. The Coun- 
 
144 MEMOIR OF 
 
 cil examined the proceedings of the legislature, of 
 which the J gave a detailed account in an able ad- 
 dress to the people. 
 
 They proposed amendments to the Constitution, 
 a number of which were adopted b}^ the Conven- 
 tion, holden at Manchester, in June, 1T8G, and 
 the whole Constitution, as amended, was estab- 
 lished and published with the revised laws of 1Y87. 
 It is also contained in a volume of the Laws, pub- 
 lished by Anthony Haswell, in 1791, and the read- 
 er may compare the amended Constitution with the 
 first contained in this volume, and ascertain what 
 amendments were made. Instead, therefore, of 
 occupying the space necessary to give all the a- 
 mendments in detail, I insert the above named 
 address to the people, as it contains a history of 
 our legislation, during the septennary. 
 
 ADDRESS 
 
 OF THE COUNCIL OF CENSOKS. 
 
 To the Freemen of the State of Vermont : 
 
 Your Council of Censors, elected agreeably 
 to the XLIVth section of the Constitution, after 
 having maturely considered the Frame of Gov- 
 ernment which has been the rule of poHtical con- 
 duct for the inhabitants of this State, the last 
 
THOMAS ClllTTENDEX. 145 
 
 Septenary ; liighly approving the principal part 
 of it ; -with the greatest diffidence of their own 
 judgment, and respect for the patriotism and a- 
 biUties possessed by the formers of the present 
 Constitution, have proposed certain alterations, 
 heretofore offered to your consideration. In so 
 doing, we principally had in view rendering gov- 
 ernment less expensive, and more wise and ener- 
 getic ; objects, in the opinion of this Council, more 
 especially during the infancy of a Commonwealth, 
 worthy the attention of its freemen. The taxes 
 which have been collected some years past for the 
 support of government, demonstrate the expedi- 
 ency of the former ; and every man's observation 
 will suggest to him the necessity, for our political 
 happiness and credit, of having government prop- 
 erly maintained;, and the judicial and executive 
 offices therein, filled by persons of the greatest 
 wisdom and virtue. 
 
 In the proposed alterations, we endeavored to 
 guard, in future, against what is esteemed by this 
 Council (our circumstances considered) to have 
 been an error in the Constitution — electing per- 
 sons to judicial and executive trusts, during good 
 behavior : as it invested them with estates in their 
 offices, which, without an alteration of the Frame 
 of Government, cannot be legally taken from 
 them, but by proving, in a judicial course of pro- 
 ceeding, instances of mal-administration. We 
 therefore left it in the power of the Governor, 
 Council, and Assembly, (whom we view in the 
 present condition of the State, to be most compe- 
 tent to the election of judicial, and the several 
 
 19 
 
146 MEMOIR OF 
 
 executive officers, which, in the proposed alteriS- 
 tions, they are authorized to choose,) annually to^ 
 leave out any one who shall be found unequal to, 
 or otherwise improper for, his trust, and appoint 
 a more suitable person in his place. But this- 
 Council is not without hope that the ensuing sep- 
 tenary will furnish men so adequate to those offi- 
 ces, that the tenure of them may, consistent with 
 the public interest, be put upon a more stable 
 footing. 
 
 We also endeavored, after the example of some" 
 other States, to guard against the further intro- 
 duction of an aristocratic power, destructive" of 
 the common weal, by providing that the same per- 
 son should not, at one time, be invested with too* 
 many important offices, especially where one 
 would be a hindrance to his properly discharging 
 the duties of the other. And likewise to prevent 
 any family, or party, in future, having it in their 
 power to establish a set of connexions, prejudicial 
 to the community, by providing that certain offi- 
 cers, of the greatest influence and importance, 
 should, at stated periods, be reduced to the com- 
 mon level ; and by being thus constantly reminded 
 of their poUtical mortahty, be induced to act well 
 their parts while on the stage. 
 
 This Council proposed for your option two plans 
 for electing Councillors and Representatives in 
 Assembly, each differing from the mode now in 
 use, but one of them necessarily consequent to the 
 design of reducing the number : if either meets 
 with your approbation, we shall be happy; yet 
 cannot but wish the choice of Representatives in a 
 
THOMAS CHITTENDEN. 147 
 
 county convention may have a trial for one sep- 
 tenary. 
 
 In reviewing the proceedings of the legislative 
 and executive branches of government, and exam- 
 ining whether they have performed their duty, 
 " as'^guardians of the people, or assumed to them- 
 selves, or exercised, other or greater powers than 
 they were entitled to by the Constitution," it af- 
 fords us great pleasure to find matters of com- 
 mendation, yet accompanied with the mortification 
 of having some to censure. But as the Constitu- 
 tion has "allotted us solely, the last, and more un- 
 pleasing task, we can only in general observe, 
 that, under God, this commonwealth is much in- 
 debted, even for its present existence as a sepa- 
 rate community, to that undaunted firmness, and 
 prudent vigilance for the public safety, which has 
 been usually maintained in the legislative and ex- 
 ecutive departments, since the era of our inde- 
 pendence. At open war with the most potent 
 nation in Europe ;— frequently threatened with 
 invasions from a sister State, and, by her insidious 
 arts, a powerful disaffection fomented within the 
 bowels of this commonwealth— denied rehef from 
 the authority who alone, under Heaven, could give 
 it;— we have reason to look up, with gratitude, 
 to that Being who is wisdom, and by whom a few 
 husbandmen, unexperienced in the arts of govern- 
 ing, have been enabled to pilot the ship through 
 storms and quicksands, into the haven of indepen- 
 dence and safety ; and to admire, when we consid- 
 er how much was to be done, and by whom, that 
 it has been so well done. 
 
148 MEMOIR OF 
 
 But we are obliged to check such agreeable 
 thoughts, and however irksome to our feelings, 
 turn our attention to the province allotted us ; 
 censuring such unconstitutional proceedings as 
 may be drawn into precedent, if left unnoticed. 
 
 We would premise in the words of Judge 
 Blackstone, that, " in all tyrannical govern- 
 ments, the right both of making and enforcing 
 the laws, is vested in one and the same man, 
 or one and the same body of men, and wher- 
 ever these two powers are united together, 
 there can be no public liberty." The convention 
 who framed the Constitution of this State, aware 
 of this, by a decided distribution of power, assign- 
 ed the legislative authority to the Representatives 
 of the people in General Assembly, and the su- 
 preme executive, to the Governor and Council ; 
 and from the last, again severed the judicial, and 
 rendered it independent of both. And to pre- 
 serve this balance of power, thus carefully made, 
 and guard against any encroachment of one on the 
 proper authority of either of the other, the con- 
 vention made it the duty of the Council of Cen- 
 sors to inquire, " whether the legislative and ex- 
 ecutive branches of government have assumed to 
 themselves, or exercised, other or greater powers 
 than they are entitled to by the Constitution." 
 
 In how many soever instances, therefore, the 
 legislative and executive authorities have trans- 
 gressed the limits marked out to them by the Con- 
 stitution, and intruded upon the province allotted 
 to the other, (whatever temporary reasons they 
 might have for so doing,) they are certainly, in 
 
THOMAS CHITTENDEN. 149 
 
 those particulars, deserving of severe censure, as 
 such conduct, from persons entrusted with the 
 important charge of making and executing laws, 
 (by trampling upon the fundamentals of govern- 
 ment, which ought to be held sacred,) naturally . 
 tends to introduce tyranny on the one hand, or 
 anarchy on the other. 
 
 In some instances, however, it is probable that 
 the Constitution has been mvaded through neces- 
 sity, in times of extreme danger, when good men 
 w^ere induced to hazard all consequences for the 
 sake of preserving our existence as a people ; yet 
 in a review of these proceedings, we have thought 
 proper to advert even to such branches of the 
 Constitution, lest they should be made use of as 
 precedents when no such necessity shall exist. 
 
 Some instances of the Council's assuming power 
 not delegated to them, we now proceed to select 
 from their journal. 
 
 On the 17th June, and 20th October, 1778, 
 they take the very extraordinary step of divorc- 
 ing Laurania M'Clane, and Ruth Chamberlin, 
 from their respective husbands, and declaring 
 their right of marrying again. 
 
 On the 14th November, 1781, they resolve that 
 Doctor John Page be remitted one fourth part of 
 the debt due from him to Colonel William Marsh, 
 on account of his debts being contracted in Conti- 
 nental money. It is to be observed that the debts 
 of Colonel Marsh, by the confiscation of his es- 
 tate, had, before that time, become the property 
 of this commonwealth; and that in April, 1781, 
 the law fixing a general scale of depreciation for 
 
150 MEMOIR OF 
 
 all debts contracted in Continental money, had 
 passed. Why then, Doctor Page should be made 
 an exception to the general rule, or from "whence 
 the authority was derived, that, in this instance, 
 altered or dispensed -with the operation of the 
 law, we are left in the dark. 
 
 In the several acts of the Legislature respect- 
 ing the survey of the town lines, the Governor 
 and Council are, in the opinion of the Board, in- 
 vested with the sole power and trust of adjusting 
 the accounts of the several persons employed in 
 running those lines : yet we find that in March, 
 1784, the Council resolve, " That the Surveyor- 
 Oeneral settle the accounts of the several Sur- 
 veyors under his direction, for their services in 
 running town lines, and draw orders therefor, or 
 for the payment thereof, on the hard money 
 tax." 
 
 This (however respectable the character of the 
 Surveyor-General may be) appears to this Coun- 
 cil to have been delegating a trust, committed to 
 them solely to execute, and into very unsuitable 
 hands, as it effectually destroyed the check intend- 
 ed by the Legislature upon the Surveyor's de- 
 partment. And in the view of this Council, it 
 was a disposition of the public money not intend- 
 ed or authorized by the Legislature, as ample 
 provision appears to have been made by law for 
 compelling the proprietors and inhabitants of the 
 several towns to defray the expense of those sur- 
 veys. 
 
 On the 15th February, 1782, the Legislature 
 enacted, " that all public acts, papers and records 
 
THOMAS CHITTENDEN. 151 
 
 that belong to the State (excepting the particu- 
 lar records and papers of the Council) be deposi- 
 ted and remain in the hands of the Secretary of 
 State." " That he attest and register charters of 
 incorporation, grant copies of all records," &c. 
 On the 10th of March, 1T84, the Council resolve, 
 " that the Secretary of Council keep in his office, 
 all the records, and copies of charter of lands 
 granted previous to October, 1781 ;" and that, 
 " on account of the disputes respecting bounds of 
 townships, which may occasion the alteration of 
 some charters already given, he be directed not 
 to record any more charters, till the further order 
 of Council." 
 
 How the Secretary of State, and Secretary of 
 the Council, can both, at the same time, possess 
 the records of charters granted previous to Octo- 
 ber, 1781 ; or from whence the Council derive 
 their power to alter or contravene acts of the Leg- 
 islature, when it is by the Constitution made a 
 principal part of their duty to see them faithfully 
 executed, is beyond our comprehension : nor do 
 we readily conceive in what manner charters al- 
 ready completed, can, with propriety, suffer an 
 alteration. 
 
 On the 9th March, 1784, the General Assem- 
 bly, in order to facihtate what had been so- 
 long and ardently wished for by them, and every 
 good subject of this State, a final settlement of 
 the public accounts, to enable the auditors to de- 
 tect embezzlements (if any) and the Legislature 
 to provide for debts due from confiscated estates ; 
 made it the duty of the auditors to call on all per- 
 
152 MEMOIR Oi' 
 
 sons who had acted in the capacity of commission- 
 ers of sequestration, &C.5 for such books, bonds, 
 deeds, notes, and papers, as had come to their 
 possession by virtue of their appointment ; and the 
 said books and papers to inspect, examine, and 
 liquidate ; and to record in proper books, the es- 
 tates, real and personal, which had been confisca- 
 ted ; specifying which had been sold, by whom, 
 and whose order, and the several amounts in real 
 value. And if the person possessed of any such 
 public papers, should neglect to deliver them to 
 the auditors, after demand made by them in wri- 
 ting for that purpose, he was, by said act, to for- 
 feit a sum, not exceeding twenty-five thousand 
 pounds. 
 
 The auditors having (as this Council is inform- 
 ed) make such demand in wanting, of the Honora- 
 ble John Fasset, Esq., for the papers in his cus- 
 tody as commissioner of sequestration and sales, 
 and he having refused delivering them agreeable 
 to the demand, the auditors directed a suit to be 
 commenced against him for the penalty contained 
 in the act. Subsequent to which, (we do not as- 
 sert it was do^e w^ith the view of embarrassing the 
 auditors in the performance of their duty, or of 
 screening one of their members, but it had this 
 efiect,) on the 16th of October, 1784, the Coun- 
 cil received papers of this kind from Mr. Fasset, 
 (by him declared on oath to be the whole, to the 
 best of his knowledge and remembrance,) which 
 had come to his hands as commissioner of seques- 
 tration, and discharged him therefrom according- 
 ly. Of this transaction, (although a quorum of 
 
THOMAS CHITTENDEN. 153 
 
 inc auditors were then, and for thirteen days af- 
 ter, at the place where the Council sat,) the audi- 
 tors were kept in profound ignorance ; and if the 
 uncommon severity of the season had not prevent- 
 ed, the sheriff would have served their writ upon 
 Judge Fassct some time after he was discharged 
 from the papers by the Council. How the audi- 
 tors are now to come to those papers, time must 
 discover. 
 
 It appears from the journal of Assembly, that 
 in February session, 1782, a grant was made to 
 John Wheeler and his associates, of a gore of land 
 adjoining Lnnenburgh ; but difficulties having oc- 
 curred in ascertaining the precise local situation 
 ' of Lunenburgh, it appears from the journal of 
 Council, that a charter was directed to be made 
 out on the 28th of October last, of another gore, 
 in lieu of the former, but without a previous grant 
 being made by the Assembly. This proceeding 
 being so evident an infringement upon the power 
 vested in the Assembly, and at so late a period, 
 calls for the severest censure of the freemen, and 
 of this Council. 
 
 We now beg your attention in a retrospective 
 view of such acts of the Legislature as we have 
 selected for that purpose, some of which are of 
 general concern, and very important in their con- 
 sequences, while the operation of others is con- 
 fined Avithin narrow limits, and scarcely worthy pub- 
 lic notice for any other reason than lest they be 
 drawn into precedent. 
 
 We would previously observe, in the words of 
 the great Mr. Locke, who, speaking of legislative 
 
 20 
 
154 MEMOIR OF 
 
 power, lays it down as the fundamental law of all 
 commonwealths, " that the legislative cannot as- 
 sume to itself a power to rule by extemporary and 
 arbitrary decrees, but is bound to dispense law 
 and justice, and to decide the rights of the sub- 
 ject by promulgated, standing laws, and hnown 
 authorized judges. And that men give up their 
 natural independence to society, with this trust, 
 that they shall be governed by known laws ; other- 
 wise their peace, quiet, and propriety, will be in 
 the same uncertainty as in a state of nature." 
 
 The first act of legislation we shall notice, is 
 the last clause of a statute passed 23d February, 
 1779, entitled, " An act making the laws of this 
 State temporary ;" by which it is enacted, " That 
 no court or justice, shall take cognizance of any 
 matter or thing, in which the title of land is con- 
 cerned, or in any action of contract, where the 
 parties appear to have made a bargain or contract, 
 by note, bond, debts, or agreement in writing, or 
 otherwise ; any act or law to the contrary not- 
 withstanding." This statute, together with those 
 other passed from time to time, prohibiting the 
 trial of the titles to land, appears to this Council 
 to militate a2;ainst the ninth article in the Bill of 
 Rights, which is expressive of the design of form- 
 ing social compacts, viz. : " That every member of 
 society hath a right to be protected in the enjoy- 
 ment of life, liberty, and property," — against the 
 thirteenth article in the Bill of Rights, " That, in 
 controversies respecting property, and in suits be- 
 tween man and man, the parties have a right to a 
 trial by jury, which ought to be held sacred :" 
 
THOMAS CHITTENDEN. 155 
 
 and also against these words of the XXIIId sec- 
 tion in the Frame of Government,—" All courts 
 shall be open, and justice shall he impartially ad- 
 ministered, without corruption or unnecessary de- 
 lay." 
 
 AVe would ask how property is to be legally 
 protected, if not by the several courts of justice, 
 according to the known laws of the land V ^ Hoy/ 
 parties can be said to enjoy their right of trial by 
 jury, when the Legislature prohibits a trial of any 
 kind ? And how courts can with propriety be 
 called open, within the meaning of the Constitu- 
 tion, or justice be administered therein impartially 
 without unnecessary delay, when they are disen- 
 abled to take cognizance of any matter wherein 
 the title of land is concerned, and of any action 
 founded upon a contract ; which are nine tenths 
 of the causes where justice is sought? How far 
 the singular condition of real property within this 
 commonwealth, and our peculiar political situa- 
 tion, ought to extenuate shutting the courts of 
 justice with respect to landed property, is with 
 you to decide : but a Legislature's preventing 
 suits being brought upon all private contracts, is 
 an unheard of transaction, and one which we pre- 
 sume will not be accounted for by the impartial 
 world, and by posterity, upon principles very hoi 
 orable to the promoters of it. 
 
 The laws to prohibit the judicial courts tryin 
 land titles, above alluded to, passed 22d October, 
 1779^_8th November, 1780,— oth March, 1784, 
 and 29th October, 1784. 
 
 The act passed by the Legislature on the 22d 
 
 a- 
 
 
loG ME.MOIR OF 
 
 of October, 1779, " appointing commissioners for 
 the better regulating titles of land "within this 
 State, and declaring their power," (although this 
 Council is not informed that any trials in pursu- 
 ance of it have been completed,) ought not to es- 
 cape your notice. 
 
 This act appoints five persons, commissioners, 
 any three of whom are empowered to take into 
 consideration, and fully examine, all the evidence 
 relating to, or respecting, the title of controverted 
 lands in this State : to sends for persons ; to ad- 
 minister oaths ; to call upon the parties for char- 
 ters, patents, deeds of conveyances, &c. to exam- 
 ine the parties upon oath. And they were to 
 make report to the Assembly, at their next ses- 
 sion in October, which of the various claimants to 
 the same land, ought, in justice and equity, to 
 possess, and forever hold the fee of, said land, &c. 
 The act prescribes a mode of process for conven- 
 ing the parties, makes provision for hearing them 
 for and against the report of the commissioners, 
 and declares, that the resolution of the Assembly 
 thereupon (w^hen recorded) shall be an indisputa- 
 ble title to the lands, against all parties in the 
 trial. 
 
 It is very useful for all public bodies, whether 
 consisting; of one, or many natural ones, whose 
 power is short of despotic, to wish for an increase 
 of it ; and to aim at that object as invariable as 
 the needle, without obstruction, points to the pole. 
 Here was an extensive grasp at the agreeable de- 
 sideratum of uncontrolled dominion : trials by ju- 
 ry, in the most important disputes concerning 
 
TIIO^IAS CUITTEXDEX. 157 
 
 property, wholly thrown aside : the Legislature 
 assuming to themselves the judicial power, so far 
 as respected all the permanent property in the 
 State, and casting aside all restraints of law in 
 their decisions, they were to determine every 
 cause, Avithout being shackled with rules, but by 
 their crude notions of equity ; or in other words, 
 according to their sovereign will and pleasure ; by 
 which means, all the landed interests in the com- 
 monwealth (which, in other nations and States, 
 has constantly been viewed as sure and perma- 
 nent to the owner) would be at the disposal of 
 the legislators, and the surest title to an estate in 
 Vermont would be the favor of its assembly : and 
 this chain of adamant would be effectually riveted, 
 as redress (without a dissolution of government) 
 could not be expected ; none but the Legislature, 
 whose interest it would be to withhold it, beins; 
 competent to give it. 
 
 What means were made use of by a kind over- 
 ruling providence to prevent this law being car- 
 ried into execution we have not learned, but have 
 much reason to be jzratefnl for the event. 
 
 The last preceding observations render it un- 
 necessary to say any thing more respecting an act 
 passed October 22d, 1779, entitled, " An act 
 constituting the superior court of equity, and de- 
 claring their power ;" and an act passed 22d 
 February, 1781, " For quieting disputes concern- 
 ing landed property ;" than that they appear to 
 have originated from tho same source ; and were 
 designed to exalt the legislative, at the expense 
 of the judicial department ; as the former gives 
 
158 MEMOIR OP 
 
 the Governor, Council, and Assembly, the pow- 
 ers of a court of chancery, in all causes exceed- 
 ing four thousand pounds consequence, and the 
 latter erects them into a court for the decision of 
 all disputes between , proprietors holding under 
 different charters issued by the same authority. 
 
 The several statutes passed for obliging credit- 
 ors to accept the produce of the country, in lieu 
 of money, are also considered by this Council as 
 violations of that protection, which, by the gener- 
 al and fundamental laAvs of society, and by the 
 ninth article in the Bill of Rights above mention- 
 ed, every individual has a right to expect for his 
 property, upon his entering into civil society. 
 We leave them however, (if that can be the case,) 
 to be justified by the extremity of the times, and 
 hope for better, when such expedients shall be 
 thought unnecessary. 
 
 The act alluded to in the last preceding obser- 
 vation, passed 21st June, 1782 ; and 25th Febru- 
 ary, 1783. 
 
 The act to suspend prosecutions against Joseph 
 Farnsworth, Esq., passed 29th October, 1764, 
 is also esteemed by this Council to merit the seri- 
 ous attention of the freemen of a commonwealth, 
 •which has yet a character to gain amongst the 
 Jdngdoms and States of the earth. It declared, 
 " That no actions should be commenced, prosecu- 
 ted, or proceeded in, against Joseph Farnsworth, 
 Esq., commissary-general of purchases, for con- 
 tracts made by him in his public capacity, as 
 commissary-general, until the rising of the Legis- 
 lature in October then next." 
 
THOMAS CHITTENDEN. 159 
 
 It is the undoubted duty of the Legislature, 
 •when there is an absolute necessity of substituting 
 credit for money, to doit Avith as much caution as 
 a prudent man would in his private affairs ; and as 
 carefully to guard against a diminution of that 
 credit, by providing means of payment at the 
 prefixed time, as a discreet merchant would in his 
 mercantile transactions ; and if a State is deficient 
 in these prudential maxims, the odium ought to be 
 proportionate to the magnitude of the consequen- 
 ces. 
 
 It is therefore, with real concern this Council 
 observes, that so many precedents have been af- 
 forded of late years, in this western hemisphere, 
 of breach of contracts made on behalf, and author- 
 ity of, the pubUc, as with many, in a great degree 
 to sanctify the measure ; and that, after proceed- 
 ing from one delusion to another, it has terminated 
 in the almost loss of public credit. And it is with 
 equal satisfaction we have remarked that this 
 State has, in general, shewn an honest disposition 
 in fulfilling its contracts with individuals, so far as 
 has been in the power of government, by paying 
 them something of real value. This the Legisla- 
 ture has been enabled to perform, by levying tax- 
 es in some degree proportionate to the public ex- 
 penses, and enforcing the collection of them : and 
 if the exigences of the community have necessita- 
 ted the contraction of debts, the good disposition 
 manifested in discharging those debts, has preserv- 
 ed our public credit with individuals ; and the 
 trifling depreciation, which the public securities- 
 of this State have at times undergone, has pro- 
 
KJO MExMOIK OF 
 
 ceeded rather from scarcity of specie, and the ex* 
 ample of surrounding States, than a fear of their 
 being redeemed at their original value. 
 
 The act above mentioned in favor of Mr. Farns- 
 worth, is considered by this Council as one stride 
 towards the destruction of that credit ; and the 
 more injurious to the persons interested, as they 
 must have waited a considerable time upon the 
 public, before passing this act. A few more legis- 
 lative procrastinations would have taught individ- 
 uals the folly of trusting their property wltere the 
 power and dis2:)osition to evade _2-?a^??2e7ii uere 
 united. 
 
 It behooves the freemen, in the opinion of this 
 Board, as a matter of the last importance, to keep 
 a watchful eye over every step of government 
 ■which tends to sap public credit, and to manifest 
 their severest resentment thereat. 
 
 We cannot dissolve this Council of Censors, with 
 the pleasing satisfaction of having conscientiously 
 discharged the trust reposed in us, if we omit no- 
 ticing (however disagreeable it may be to many 
 influential persons in this commonwealth) a law 
 passed by the Legislature in their last session, un- 
 der the title of, " An act for settling disputes re- 
 specting landed property." This Council is of o- 
 pinion, considering the various difficulties of com- 
 ing to the knowledge of a title to lands in this 
 commonwealth, which originated from, and have 
 been cherished by, the contentions of different 
 States claiming this territory, it is equitable that 
 provision should be made by the Legislature, in 
 favor of persons who made bona fide purchases 
 
l^SOMAS CHITTENDEN. 16l 
 
 irom pretended owners, wliile it was out of their 
 power to know with certainty in whom the title 
 was vested ; (though we cannot agree in sentiment 
 with the Legislature, that the detrauded purchas- 
 er should be allowed to recover his damages, both 
 from his voucher and the owner of the soil.) But 
 that trespassers, who have no pretence of a title, 
 should by legislative authority, be enabled to re- 
 cover from the legal owners, (who, in numberless 
 instances, have been kept out of possession, sore- 
 ly against their will, and to their great impover- 
 ishment,) the value of their improvements, is sanc- 
 tifying iniquity by law ; and, by Sipost facto act, 
 depriving the owners of such property, of the 
 right of action against the trespassers : (wliich 
 remedy, when the intruder has done more injury 
 than benefit to the farm, it is equitable the owner 
 should have :) and it is giving a reward to persons 
 for transgressing the laws. In whatever light 
 this part of the act is viewed, it may truly be said 
 to be unprecedented and unparalleled ; and will, 
 unless revised and materially altered, be an indel- 
 ible blot in the annals of our history, afford our 
 enemies the most solid argument they have yet 
 offered against the reasonableness of our existence 
 as a sovereign State, and be the greatest induce- 
 ment to our friends to desert us, as having too 
 much cunning, to hold the reins of an independent 
 government. 
 
 "We are sorry occasion is afforded for remark, 
 that the Legislature, especially in the former part 
 of the septenary, have in some instances deviated 
 from the humane spirit manifested in the XXVIth 
 
 21 
 
162 MEMOIR OF 
 
 section of the Frame of Government ; that by dp 
 recting corporal punishment to be inflicted for 
 offences not infamous in their natures, that chas- 
 tisement is rendered less disgraceful to the dehn- 
 quent, and less beneficial to society, "where the 
 crimes require it. 
 
 Nor ought the fickleness of the Legislature, and 
 their want of deliberation in passing laws, to es- 
 cape the observation of this Council. Few acts, 
 of general concern, but have undergone altera- 
 tions at the next session after the passing of them ; 
 and some of them at many different sessions : the 
 revised laws have been altered — re-altered — made 
 better — made worse ; and kept in such a fluctua- 
 ting position, that persons in civil commission 
 scarce know what is law, or how to regulate their 
 conduct in the determination of causes. If the 
 Legislature in this particular have mtended to be 
 faithful guardians of the people, they have acted 
 as very unsteady or improvident ones. 
 
 It is the opinion of this Council, that the Gen- 
 eral Assembly, in all the instances where they 
 have vacated judgments, recovered in due course 
 of law, (except where the particular circumstan- 
 ces of the case evidently made it necessary to 
 grant a new trial,) have exercised a power not 
 delegated, to them, by the Constitution. This 
 mode of proceeding is an assumption of the judi- 
 cial power in the last resort, and renders nugatory 
 that important article in the Bill of Rights which 
 provides, " That in all suits between man and 
 man, the parties have a right to a tried hj jury, 
 which ought to he held sacred,''^ It supercedes 
 
THOMAS CHITTENDEN. 
 
 163 
 
 tlie necessity of any other law than the pleasure 
 of the Assembly, and of any other court than 
 themselves : for it is an imposition on the suitor, 
 to ffive him the trouble of obtaining, after several 
 expensive trials, a final judgment agreeably to 
 the known established laws of the land ; it the 
 Leo-islature, by a sovereign act, can interfere, re- 
 verse the judgment, and decree in such manner, 
 as they, unfettered by rules, shall think proper. 
 If such is their constitutional authority, it would 
 be a mercy to prohibit any other persons than 
 themselves the exercise of judicial powers. The 
 le<^islative body is, in truth, by no means compe- 
 tent to the determination of causes between party 
 and party, nor was, by our Constitution, or that 
 of any other country who make pretence to free- 
 dom, ever considered so (not taking mto view the 
 amazing expense it would bring upon the pubhc, 
 and the disadvantage of its engrossmg that 
 time which ought to be occupied in their more im- 
 portant and proper employment of legislating.) 
 
 If one set of men are to enact and execute our 
 laws, and when they do not find one to answer^ a 
 particular purpose, to make it, instanter ; or in 
 other words, if they are to possess all the author- 
 ity as judges, which they, as legislators, are pleas- 
 ed, from time to time, to confer on themselves, 
 unhappy indeed is the lot of this people. ^ 
 
 The instances alluded to of judgments being 
 vacated by legislative acts are as follows, viz., 
 "An act to set aside, and render null and void in 
 law, a certain order therein mentioned," passed 
 6th March, 1784 ; " An act to reverse the several 
 
164 MEMOIR OF 
 
 judgments therein mentioned," passed 9th March, 
 1784 : " An act to secure Daniel Marsh in the 
 possession of a certain farm, until he shall have 
 opportunity of recovering his betterments, and 
 nuUifying several judgments rendered against 
 him," passed 18th June, 1785 : and, " An act 
 confirming Andrew Graham, of Putney, in the 
 county of Windham, in the quiet and peaceable 
 possession of the farm on which he now lives, in 
 said Putney ; and rendering all judgments re- 
 specting the possession of the same, heretofore had 
 and rendered, by any court of law whatever, null 
 and void ;" passed 18th June, 1785. 
 
 Similar to annulling judgments, is the power 
 exercised of staying executions after judgments 
 rendered ; of which, in reviving the acts of leg- 
 islation, we find two instances : one entitled, " An 
 act to stay the execution on a judgment given by 
 the superior court, against WitherlyWittum,Mal- 
 achi Wittum, and AVitherly Wittum, Jun., in fa- 
 vor of David Caswell and Thomas White," passed 
 25th February, 1782 : the other passed March 8, 
 1784, entitled, " An act to stay an execution, and 
 grant a sum of money for the purpose of paying 
 and satisfying the said execution." [The title of 
 this last act, it is to be observed, carries a greater 
 shew than substance of equity in it : the State 
 was obliged in honor, and by promise, to indem- 
 nify the defendants : the act, after judgment, 
 constrained the creditor to take public securities 
 at par, both for his damages, and a large bill of 
 costs expended in the suit.] 
 
 Granting pardons by the Legislature, (except 
 
THOMAS CHITTENDEN. 1G5 
 
 in cases of impeacliment, and perliaps in those of 
 treason and murder,) is an evident infringement 
 upon the constitutional prerogative of the execu- 
 tive Council, and as such, ought not to escape 
 your notice. Yet we find this power exercised 
 by the Assembly on the 26th of October, 1784, 
 in the way of resolution (which was exceptionable 
 for the mode, if on no other account) in the fol- 
 lowing words, viz. : " Resolved, that Lemuel 
 Roberts, and Noel Potter, be, and they are here- 
 by pardoned (on account of their former merit and 
 present submission) for their offence against the 
 peace and dignity of the freemen of this State, in 
 being concerned in, and leading on in a riot, for 
 rescuing one Carr, out of the hands of the Sheriff's 
 deputy, some time in May last." 
 
 If the exercise of this power had been left in 
 its constitutional channel, /ormer merit and j^res- 
 ent submission might, perhaps, have been consid- 
 ered as proper reasons for mitigating the fines, 
 but not for complete pardons, in crimes tending 
 to the dissolution of government. 
 
 Although this Council conceives the check in- 
 tended by the XlVth section of the Frame of 
 Government, if carried into execution, to be very 
 inconvenient in practice, and expensive to the 
 State ; yet, while thetConstitution absolutely re- 
 quires bills of a public nature to be printed for the 
 consideration of the people, before they are passed 
 into laws, we cannot esteem the legislature excu- 
 sable in omitting it ; and the notion of treating the 
 general system of our statutes as temporary, we 
 consider as an evasion of an article in the Consti- 
 
166 MEMOIR OF 
 
 tution, thought by the Convention to be of impor- 
 tance. 
 
 On the 28th of February, 1782, the Legisla- 
 ture passed a law, entitled, " An act empowering 
 Colonel Samuel Robinson, to give a deed of the 
 lands hereafter described, to the heirs of William 
 Emms, deceased ; and vacating a certain deed of 
 the premises obtained in a fraudulent manner, by 
 John Blackledge Emms, from said Samuel Rob- 
 inson." This Council cannot here omit observing 
 in addition to the reason already given against the 
 Legislature's exercising judicial powers, and rever- 
 sing judgments, that the practice of legislating 
 for individuals, and for particular cases, is much 
 too frequent. If a subject feels himself aggriev- 
 ed, and thinks the law incompetent to give him 
 redress, he immediately applies to the Assembly ; 
 and too often, laws are suddenly passed upon such 
 application, to relieve in particular cases, which 
 introduce confusion into the general system, or are 
 afterwards discovered to be wholly unnecessary. 
 The act last mentioned (admitting the Legislature 
 to be a proper court for determining whether a 
 deed was fraudulently procured) was entirely 
 needless; — the supreme court, possessing the 
 powers both of law and equity, being able to give 
 proper relief in this and all other cases of fraud. 
 When a person obtains a property, which the law 
 of the land at the time of acquiring it, esteems a 
 legal and equitable estate, if he is divested of it 
 by a sovereign act of power, he has a right to 
 complain of the injury ; and all men of interest 
 have a right, and it is their duty, to be alarmed 
 
THOMAS CHITTENDEN. ICT 
 
 at tlie precedent : if this was not the case, Colon-- 
 el Kobinson ought not to have applied to the As- 
 sembly, or thej to have interfered. 
 
 That part of the act passed in the last session 
 of the Legislature, for erecting the new county of 
 Addison, which authorizes the Governor and his 
 Council to appoint county officers therein, for the 
 time being, is esteemed by this Board to be an un- 
 necessary violation of the XXVIIth section of the 
 Frame of Government. We are unable to imag- 
 ine the particular circumstances of this part of the 
 commonwealth to have been such, as to require a- 
 dopting so extraordinary a measure, for any other 
 purpose than to give a lead at some future coun- 
 ty election. 
 
 In our enquiries whether " the public taxes 
 have been justly laid and collected in all parts of 
 this commonwealth ; we must offer it as our opin- 
 ion, that neither has been fully the case. With 
 regard to the equal collection of them, so many 
 occurrences have intervened, known to the free- 
 men at large, that the executive part of govern- 
 ment does not appear greatly deserving of censure 
 for their remissness in this respect ; but in appor- 
 tioning the taxes, this Council does not believe 
 full justice has been done : all our towns are new 
 and a part of the most populous ones still uncul- 
 tivated ; — tradesmen of all kinds, and men of ge- 
 nius, are every where much wanted : — it must not 
 certainly be therefore, as " good guardians of the 
 people ,'' iha^t faculties are rated^ and unimproved 
 reel 'pro^^erty ^ and articles of luxury^ left without 
 assessment. In the opinion of this Council, visi- 
 
1(33 MEMOIR OF 
 
 })le property, in proportion to its real value, is the 
 only fit subject of taxation (except the Legislature 
 shall find it expedient to impose a small tax on 
 polls, not minors, for personal protection) ; and 
 every deviation from this rule, whether to excul- 
 pate one class of men, or to harrass another, is an 
 error in government, and ought to be exploded 
 in 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 men- 
 tioning the dissipation of a considerable part of 
 the public lands in this State, at so early a period 
 that settlements could not be made, before the 
 conclusion of the war ; and at a time when actual 
 surveys could not be performed: by which means 
 an ample foundation is laid for the confusion pro- 
 ceeding from interfering grants — a door open 
 for a variety of lawsuits, and applications to the 
 Legislature to procure compensation for lands 
 which the grantees are unable to hold ; and the 
 public is deprived of a fund, which, if rightly 
 managed, would probably defray the ordinary ex^ 
 penses of government. The ungranted and con- 
 fiscated lands seem to have been a boon conferred 
 by Providence, for the support of our repubhc 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. How far 
 
THOMAS CHITTENDEN. 16S 
 
 the peculiar difficulties the State has been obliged 
 to struggle through, ought to excuse this lavisl^ 
 disposition of the public property, must be deci- 
 ded 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, af- 
 ter 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 unhappy, that, being destitute of a com- 
 plete state of the public accounts from the audi- 
 tors, (which we have repeatedly requested of 
 them,) it is out of our power to make further en- 
 quiries in what manner the public monies have 
 been disposed of. Nor ought this Council here 
 to omit noticing that the General Assemblies, pre- 
 vious to February, 1784, are, in the idea of this 
 Council, highly censurable for omitting to enact 
 laws adequate to compel the liquidation of the 
 public accounts : and that the Council are not free 
 from blame for the appointment, and continuance 
 of persons in office of great public trust, who did 
 not keep regular books : by which means (we con- 
 clude, from the information of those auditors who 
 have taken an active part in the business) sever- 
 al public accounts of a very important nature, 
 can never be properly adjusted ; and the default- 
 ers of unaccounted thousands will probably re- 
 serve them for their families. 
 
 We have now, in an imperfect manner, finished 
 
 22 
 
170 MEMOIR OF 
 
 the important and invidious task allotted this 
 Council — censuring the proceedings of the su- 
 preme legislative and executive branches of gov- 
 ernment, composed of gentlemen of the best char- 
 acters, and greatest influence, in the common- 
 wealth. A principle of duty has led us to speak 
 our sentiments with a freedom, which, we are not 
 insensible, will be disagreeable to many : but as 
 we have been actuated solely by a desire of con- 
 tributing eur 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 opinion to your candid consideration ; 
 and if we are so unhappy as materially to differ 
 in sentiment from that respectable body, the free- 
 men 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 Eebruary, 1786. 
 
 I insert tlie above address to the people, as 
 it contains a history of our legislation, and will 
 be interesting to the reader. Some of the pro- 
 posed amendments, however, require particular 
 attention. The amendment reducing the number 
 of representatives to fifty, to be apportioned to 
 the several cpunties according to the population, 
 •was rejected by the Convention, as all gimilar 
 
THOMAS CHITTENDEN. 171 
 
 ereigns, and propositions have been in the other 
 New England States.* 
 
 Some other amendments which were adopted 
 will be noticed in the next chapter. 
 
 CHAPTER YIII. 
 
 Amendment of the 4th section in the Bill of Eights, and of the 
 16th section in the Frame of Government. — The Assembly- 
 denied the right of the Council to originate bills. — They 
 pass suspended bills without sending them to the Governor 
 and Council. — Vermont acceded to the Union.— Council of 
 Censors elected at the end of the second Septenary. — 
 They proposed amendments and called a Convention. — 
 Kesiguatiou and death of Gov Chittenden. 
 
 Among the amendments which were adopt- 
 ed by the Convention, was the addition of the 
 following section to the Constitution : " The 
 legislative, executive, and judiciary depart- 
 ments shall be kept separate and distinct, so 
 that neither exercise the powers properly be- 
 longing to the other." But, it seems, the Coun- 
 cil has not drawn a very clear line of distinction 
 between legislative and judiciary powers, for they 
 say, in their address to the, people, " Itis the opin- 
 ion of this Council that the General Assembly, in 
 all cases where they have vacated judgments, re- 
 
 ^*See Appendix, No. 3. 
 
1T2 MEMOIR OP 
 
 covered in due course of law, except when the 
 particular circumstances of the case evidently 
 made it necessary to grant a new trial, have ex- 
 ercised a power not delegated or intended to be 
 delegated to them by the Constitution." This 
 served to continue the practice of granting new 
 trials by the Legislature, and they exercised the 
 power for a number of years. 
 
 But as the people gradually obtained a more 
 correct knowledge of the principles of the govern- 
 ment, the Constitution was raised to the rank of 
 the Supreme law of the State, and being so regard- 
 ed by the Legislature, our legislation was great- 
 ly improved, and the practice of granting new 
 trials was abandoned. 
 
 When the Council came to the 4th section in 
 the Bill of Rights, they amended it by inserting 
 the words " by their legal representatives," ma- 
 king it read as follows : " That the people, by their 
 legal representatives, have the sole, exclusive, and 
 inherent right of governing and regulating the in- 
 ternal policy of the same." 
 
 The rights, the sovereign rights of the people 
 were often repeated in the Constitution, and the 
 Council observed that many of the people were 
 disposed to consider themselves as individual soy- 
 
 St 
 
THOMAS CHITTENDEN. 173 
 
 to protect themselves in the enjoyment of their 
 rights, without recourse to the laws ; and they 
 made the amendment to remind them that the 
 the people had exercised their sovereignty in form- 
 ing their Constitution of civil government, by 
 which they had made themselves, one and all, sub- 
 jects of that government, and that they must con- 
 tinue subject to it, until they should again call 
 their primitive sovereignty into exercise, and alter 
 or abolish the Constitution. 
 
 Were the same subject now before a Council, 
 they would address themselves to the Legislature, 
 and remind them that they were vested with the 
 whole legislative power of the State ; that they 
 cannot delegate their power, nor surrender it to 
 the people who conferred it ; that the people had, 
 by the Constitution which they had adopted, en- 
 tered into a solemn compact by which each individ- 
 ual was laid under a legal and moral obligation to 
 obey all the laws which should be passed by the 
 Legislature, which they had constituted, but no 
 one was under any obhgation to obey any law 
 which should be passed by the people as in a pure 
 democracy. When we formed a representative 
 democracy, we considered we had made an im- 
 provement upon all civil governments which had 
 
174 MEMOIR OF 
 
 «ver been instituted. A pure democracy had ev- 
 er been destitute of every property of a good gov- 
 ernment. The laws were ever in a ruinous state 
 of fluctuation, and it utterly failed of protecting 
 the people in the enjoyment of their rights. By . 
 instituting a representative democracy, we hoped 
 to avoid all these evils, but as our government is 
 founded on the democratic principle, unchecked 
 by any other, that prinpiple is gaining strength, 
 and the tendency of the government is towards 
 a pure democracy. Both political parties have 
 long since discovered this, and it is amusing to 
 witness their struggles in the race for popularity 
 — both make use of democracy as a condiment, 
 with which they season every political dish, and 
 democratic is considered a necessary prefix to ev- 
 ery party name. The whigs call themselves dem- 
 ocratic whigs, and the republicans call themselves 
 democratic repubhcans. The next step will be, 
 that one of the parties, no one can^tell which, will 
 attempt to shoot ahead of their ^opponents by 
 assuming the name of democratic democrats. 
 
 Whether this tendency of our government to- 
 ward a pure democracy will be for evil or for 
 good, we shall be taught by experience. If it 
 proves injurious, as we have reason to fear it may, 
 
THOMAS CHITTENDEN. 175 
 
 the experience and intelligence of the people ^vill 
 induce them to retrace their steps, and the gov- 
 ernment will be improved and perpetuated. It is 
 the natural government of civilized man, and as 
 nature ever makes efforts to cure all diseases in 
 the human bodj, she will be sure to make efforts 
 to heal all wounds in the body politic ; and she 
 will effect a cure, if not prevented by quackery, as 
 she often is, when making efforts to cure diseases 
 in the human body. 
 
 The Convention of 1786 made but one other 
 amendment that deserves particular attention. 
 The section amended is the 16th section in the 
 Constitution, as published in the revised laws, and 
 is in the following words : 
 
 "• To the end that laws, before they are enacted, 
 may be more maturely considered, and the incon- 
 venience of hasty determinations as much as pos- 
 sible prevented, all bills which originate in 
 the Assembly, shall be laid before the Governor 
 and Council, for their revision, and concurrence 
 or proposals of amendment ; who shall return the 
 same to the Assembly, with their proposals of a- 
 mendment (if any) in writing ; and if the same 
 are not agreed to by the Assembly, it shall be in 
 the power of the Governor and Council to suspend 
 the passing of such bills until the next session of 
 the Legislature, Provided, that if the Governor 
 
176 MEiMOlR OF 
 
 and Council shall neglect or refuse to return any 
 such bill to the Assembly, -with -written proposals 
 of amendment, within five days, or before the ri- 
 sing of the Legislature, the same shall become a 
 law." 
 
 This amendment was highly important, as it 
 conferred powers upon the Council which rendered 
 them nearly equal to a co-ordinate branch of the 
 legislature, and as a violation of this article by the 
 House of Representatives prepared the public 
 mind for constituting a Senate. 
 
 The reader has seen that during the first sep- 
 tenary bills originated as well in the Council as in 
 the Assembly, and that in the year 1T84 an act 
 was passed directing the mode of passing laws, in- 
 cluding the mode of proceeding with bills origina- 
 tino; in the Council, and the clause in the amend- 
 ed section " all bills which originate in the As- 
 sembly," clearly implies that they might also orig- 
 inate in the Council. 
 
 They did not point out the mode of proceeding 
 with bills originating in the Council, for they con- 
 sidered that already settled by practice, and the 
 laws then in force. In the year 1787, there was 
 a general revision of the laws, and the statute of 
 1784, directing the mode of passing laws was re- 
 
THOMAS CHITTENDEN. 17T 
 
 enacted, and the same practice was continued du- 
 ring the septenary, and until the revision of tlio 
 laws in 1797, when the statute directing the 
 mode of passing laws was again re-enacted. 
 
 And every bill which had been suspended by 
 the Governor and Council, was treated by the 
 Assembly as a new bill, and if again passed at the 
 next session by the House, was sent to the Gov- 
 ernor and Council as other bills. 
 
 It is seen that by the provisions of the section, 
 the Governor and Council could in no case sus- 
 pend the passing of a bill until they had proposed 
 amendments, and they had been non-concurred in 
 by the House. This led to some singular amend- 
 ments in cases where the Council had no objec- 
 tions to the details of the bill, but were opposed to 
 the passage of any bill on the subject. To reme- 
 dy this inconvenience, the two Houses, at their 
 session in October, 1801, concurred in passing an 
 act, providing " that when the Governor and 
 Council should not," within five days concur in 
 passing any bill received from the House of Rep- 
 resentatives, such bill may be sent back to the 
 House, together with the reasons why the Gover- 
 nor and. Council did not concur, whereupon tho 
 House of Representatives shall act upon such bill 
 
178 MEMOIR OF 
 
 in the same manner as though it had been read 
 but once in the House, and if, upon reconsidera- 
 tion of 'such bill, the House of Kepresentatives 
 shall pass the same, it shall be returned to the 
 Governor and Council for their revision and con- 
 currence, or proposals of amendment, and the bill 
 shall be considered in the same stage as it Tvas 
 ■when first sent to the Governor and Council." 
 The concurrence of the two Houses in passing the 
 several acts directing the mode of passing laws, 
 especially the last, clearly proves that they acted 
 cordially together until long after the external 
 pressure had been removed by a settlement of the 
 controversy "with New York, and after political 
 parties were well organized. This only proves 
 that time is required to break up old habits, or 
 ■we might rather say, for old habits to pass away, 
 "with the generation which they had influenced, for 
 there is never any great change in the habits of 
 the same generation. But when a new genera- 
 tion began to appear in the Assembly, a change 
 became visible, and the defects in the Constitu- 
 tion became more and more apparent. And as 
 the political parties found it to be for their inter- 
 est to promote young men, active and full of zeal, 
 they sent young men to the Assembly, and the 
 
THOMAS CHITTENDEN. 179 
 
 House "was soon filled •with a new generation, "wlio, 
 instead of being disposed to act in concert with the 
 Council, began to encroach on their powers. It 
 has ever been so. The most numerous branch of 
 the Legislature consider themselves as the peo- 
 ple collected in a body, and are disposed to exer- 
 cise all the power which such a body would in 
 fact possess. Besides, it is the business of leg- 
 islators, not to enquire what the law is, to -seek 
 for a rule bj which their conduct is to be governed, 
 but to say what the law shall be, and they naturally 
 acquire a habit and temper of mind adverse to all 
 control or "limitations of power. 
 
 The first encroachment on the powers of the 
 Council, by the House of Representatives, was a 
 denial of their right to originate bills, and a refu- 
 sal to receive and act upon such bills. But the 
 House of Representatives did not assume the 
 whole legislative power of the State until thfe year 
 1826, when they passed a suspended bill, and re- 
 corded it as a law, without sending it to the Gov- 
 ernor and Council. Then the check upon the 
 House of Representatives, provided by the 16 th 
 section, proved wholly insufficient. 
 
 The first Council of Censors proposed several 
 important amendments, by which they proposed 
 
180 MEMOIR OF 
 
 to reduce the number of Representatives in the As- 
 sembly to fifty, to be elected by county conven- 
 tions or by districts, and they proposed to elect 
 the members of the Council, by counties. Now 
 we do that Council of Censors great injustice, 
 if we say they were unwise in considering that 
 the provision of the 16th section would be a suf- 
 ficient check upon the House of Representatives, 
 for if the number of representatives had been 
 reduced to fifty, and the members of the Council 
 had been elected by counties as provided by the 
 the Council of Censors, the House of Representa- 
 tives might have encroached on the powers of 
 the Council. The members of .the Council, be- 
 ing elected by general ticket, knew that their re- 
 election depended on the good will of the mem- 
 bers of the House — they were thus responsible to 
 the members of the House instead of the people. 
 It would not therefore be expected that the Coun- 
 cil would prove a very powerful check upon the 
 House of Representatives. Accordingly, as soon 
 as the habit of acting in concert had passed away, 
 the Council were very cautious in proposing a- 
 mendments to any bill from the House, and they 
 were naturally inclined to recede, in case their a- 
 mendments were non-concurred in by the House. 
 
THOMAS CHITTENDEN. 181 
 
 This course naturally lessened the respectabil- 
 ity and influence of the Council, especially with 
 the House of Kepresentatives, and hastened the 
 time when the Council should be divested of that 
 power which they were afraid to exercise. 
 
 The reader has noticed the very different opera- 
 tion of the Constitutions of Vermont and Pennsyl- 
 vania, although they were very nearly the same. 
 This reminds us of the trite observation, that no 
 Constitution can be so framed as to be equally 
 fitted to promote the happiness of every people, 
 and we have seen, by the operation of the Consti- 
 tution of Vermont, that such may be the state of 
 society, condition and habits of a people, that they 
 may enjoy the blessings of a good government un- 
 der a Constitution in any form, provided it be 
 founded on the sovereignty of the people. Penn- 
 sylvania was a wealthy state at the time they form- 
 ed their Constitution, and they had under their 
 colonial government many lucrative oflSces, and, of 
 course, were divided into political parties. These 
 offices were so eagerly sought, that party spirit 
 had taken the place of patriotism, and produced 
 a division in the Convention which adopted the 
 Constitution, and prevented an amendment of it at 
 the end of the first septenary. But before the 
 
182 MEMOIR OF 
 
 end of the second septenary, such had been the 
 violence of the Legislature, consisting of one nu- 
 merous Assembly without any check upon it, and 
 so much corruption had been witnessed in the ex- 
 ercise of the power of appointment, by a numer- 
 ous executive, that the people become alarmed, 
 and both parties united in framing a new Consti- 
 tution, with only one dissentient. 
 
 Gov. Chittenden was again re-elected by the 
 people, and continued in office until the year 1786, 
 when there was no choice of Governor by the peo- 
 ple. Gov. Chittenden had a plurahty of votes, 
 but the Legislature elected Moses Robinson for 
 Governor. 
 
 The friends of Gov. Chittenden were strongly 
 attached to him, and being highly exasperated, 
 accused the Legislature of disregarding the voice 
 of the people, and turning out an old and faithful 
 public servant against their wishes, and they suc- 
 ceeded in producing a high degree of excitement 
 among^ the people. The consequence was, that 
 the next year Gov. Chittenden was elected by a far 
 greater majority, than that of preceding years. 
 
 The controversy with New York having been 
 adjusted, the Legislature called a Convention to 
 decide whether Vermont would accede to the Un- 
 
THOMAS CHITTENDEN. 183 
 
 • 
 
 ion. The Convention was holden at Benningtonj 
 on ihe 6th of January, 1791. Gov. Chittenden 
 was President of the Convention, and threw the 
 whole weight of his influence into the federal 
 scale. After a session of four days, the Conven- 
 tion resolved, yeas 105, nays 2, that application be 
 made to Congress for the admission of Vermont in- 
 to the Federal Union. And on the 18th day of Jan. 
 1791, the Legislature, in order to carry into ef- 
 fect the foregoing resolution, appointed Nathaniel 
 Chipman and Lewis R. Morris to attend Congress, 
 and neo:otiate the admission of Vermont into the 
 Federal Union, and on the 4th day of March, 
 1791, Vermont became one of the United States 
 of America. 
 
 At the expiration of the second septenary, the 
 following persons were elected members of the 
 Council of Censors : Daniel Buck, Orlando Bridg- 
 man, Benjamin Burt, Elijah Dewey, Jonas Galu- 
 sha, Anthony Haswell, Roswell Hopkins, Samuel 
 Knight, Beriah Loomis, Samuel Mattocks, Elijah 
 Paine, Isaac Tichenor and Jno. White. 
 
 At the close of their deliberations, they made 
 the following address to the people : 
 
 In Council of Censors, Nov. 30, 1792. 
 To the Freemen of the State of Vermont : 
 
184 MEMOIR OP 
 
 We have now the honor to submit to jour con* 
 sidera-tion such amendments in the Constitution of 
 this State, as have appeared to us the most advi- 
 sable. 
 
 Sensible that experience alone can evince the 
 utility of political institutions, we have directed 
 our attention rather to remedy the few inconven- 
 iences which have been found in the present Con- 
 stitution, than to introduce theoretical improve- 
 ments, the issue of which might be doubtful, and 
 perhaps might have a tendency, in the end, to 
 mar that political happiness which we have alrea- 
 dy attained. 
 
 One inconvenience we conceive to be, the vest- 
 ing of all legislative power in a single and numer- 
 ous body. Their numbers, which are necessary, 
 in order fully to comprehend all the national in- 
 terests, passions, manners and sentiments to which 
 laws ought to be adapted, tend to encumber dis- 
 cussion, 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 inconveniences, by intro- 
 ducing a more deliberate discussion, in the pro- 
 ceedings of the legislature, we have proposed the 
 addition of a Senate, who shall have distinct pow- 
 er, 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 
 
THOMAS CHITTENDEN. 185 
 
 the people, and amenable to them, for their con- 
 duct, as much as the members of the other branch ; 
 and have so provided for their election as to give 
 a different combination, and 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 correcting many errors, which 
 may otherwise escape attention. 
 
 We have thought it inconsistent with the prin- 
 ciples of a free government, that the executive 
 should have a negative on the proceedings of the 
 legislature ; nevertheless, as the executive have 
 an opportunity of observing all difficulties, which 
 arise in the execution of laws, and are the centre 
 of information, upon that subject, we judge it nec- 
 essary, that the legislature should be availed of 
 such information : — we therefore propose, that all 
 acts, before they pass into laws, shall be laid be- 
 fore the executive for revision : they are, however, 
 to make no leading propositions, 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 power of passing laws. 
 
 The other amendments are such, as, we are in- 
 duced to beheve, will better explain the several 
 articles, and prevent the passing ex post facto 
 laws, and make the practice, in the different 
 branches of government, more uniform. 
 
 In examining the proceedings of the legislative 
 and executive departments of this government, du- 
 ring the last septenary, we are happy to find no 
 24 
 
18B MExMOlR OF 
 
 proceedings \Yhich we judge unconstitutional or 
 deservin2: 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 the Hsters ; 
 which has thrown an unequal burden on the col- 
 lectors 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 much 
 pleasure to observe the many valuable improve- 
 ments which have been made in this government, 
 since the first formation, and the mild and equal 
 energy, which, by such improvements, has been 
 added to the administration, and the increasing 
 happiness of the citizens, in the security of their 
 rights. 
 
 It has been our anxious endeavor, to add some- 
 thing to those improvements. — Our arrangements, 
 on this head, we now submit, to the consideration 
 of an enlightened community ; to judge of their 
 tendency, whether they are calculated, in whole or 
 in part, to add any thing to tho improvement of 
 our present system, to give a further security to 
 t^e rights, and an increase of happiness to the 
 people. 
 
 By order of the Council, 
 
 . SAMUEL KNIGHl', President. 
 
 Attest, Eos. Hopkins, Sec. 
 
 The improvements of the Constitution, referred 
 to by the Council in their address to the people, 
 
THOMAS CHITTENDEN. 187 
 
 consisted of such amendments as to make an en- 
 tirely new Frame of Government, and having in- 
 corporated the amendments, the revised Constitu- 
 tion was pubhshed for the consideration of the 
 people. It would occupy too much space to give 
 a copy of the revised Coni5titution, I therefore 
 give only the following abstract of those provis- 
 ions which materially varied it from the Constitution 
 then in force. 
 
 The Council proposed that the supreme legisla- 
 tive power should be vested in a Senate ai#d 
 House of Representatives : — that, for the first 
 septenary, the Senate should be composed of mem- 
 bers from, and to be elected by, the several coun- 
 ties, as follows, viz. : — Bennington and Orange 
 counties, each, two ; Windham, "Windsor, and 
 Rutland, each, three ; Addison 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 w^ere to 
 be taken on the first Tuesday in September, an- 
 nually, and returned to, and canvassed by, the 
 judges of the county court. — That the judges of^ 
 the county courts shall be ineligible as senators, 
 and that senators should be incapable of holding 
 any office in the judiciary department. 
 
 The House of Representatives, it was proposed, 
 
188 MEMOIR OF 
 
 should consisfe of one member from each town, con- 
 taining, at the time of election, forty families ; and 
 that the freemen of any two or more towns that 
 might, together, contain forty families or upwards, 
 might meet, and elect one representative. 
 
 The Senate and House of Representatives were 
 to he styled — The Legislature of the State of 
 Vermont. 
 
 To the end that laws might he 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 approbation ; if not approved, 
 to be returned, with the objections, in writing, 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 disap- 
 probation of the Governor and Council. 
 
 The supreme executive power was to be vested 
 in the Governor, or, in his absence, the Lieuten- 
 ant-Governor. 
 
 The Governor, or person acting as such, was 
 empow^ered to commission all officers, and to fill 
 vacancies ; and to exercise all the other powers 
 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 ses- 
 sion, " to advise with him in granting pardons, re- 
 
, THOMAS CHITTENDEN. 189 
 
 mitting fines, laying embargoes, revising bills," 
 
 &c. &c. 
 
 All commissions were to be signed by the Gov- 
 ernor, and attested by the Secretary of State. 
 
 Either House of the legislature were author- 
 ized to " nominate or elect," by ballot, judges of 
 the supreme court, county courts, and courts of 
 probate, major and brigadier generals. Secreta- 
 ry of State and sheriffs ; and, without ballot, to 
 " nominate or elect " justices of the peace ; and 
 transmit such nominations to the other House, for 
 their approbation. If the other House should ap- 
 prove, 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. 
 
 The proposed amendment, depriving all towns 
 containing less than forty families of the right of 
 representation, produced a high degree of excite- 
 ment in the northern part of the State. The set- 
 tlement of the four southern counties was very 
 little checked by the Revolutionary war, but we 
 have seen that the scattered settlers in that part 
 of the State were driven from their farms, at the 
 commencement of the war, and no settlements were 
 made in that quarter until the close of the war, in 
 1783. From this time, the settlements rapidly 
 
190 MEMOIR OF 
 
 increased in that part of the State now comprised 
 in the counties of Addison, Chittenden, Franklin, 
 Grand Isle, Orange, Washington, Caledonia, Es- 
 sex, Orleans, and Lamoille ; and many of the 
 towns were organized, and sent representatives to 
 the legislature; but a great portion of them con- 
 tained less than forty families. There was at that 
 time such a rush of settlers into that part of the 
 State, that it was then obvious that the obnoxious 
 amendment must soon cease to have any effect, 
 and it is difficult to account for the very narrow 
 view of the subject taken by those who proposed 
 and those who so violently opposed it. Nothing 
 but local interest could have led to so contract- 
 ed a view of the subject. The Council of Cen- 
 sors was composed of three members from the 
 town of Bennington, and one from Shaftsbury, 
 making four from the county of Bennington, three 
 from the county of Windham, one from the coun- 
 ty of Windsor, two from the county of Omnge, 
 and one from the counties of Rutland, Addison, 
 'and Franklin. 
 
 The Convention was holden at Windsor, in 
 June, 1793. When the members convened, it 
 was found that there was a majority from the 
 towns north of the counties of Rutland, and Wind- 
 
THOMAS CHITTENDEN. 191 
 
 sor, and all those, except two, Judge White, from 
 Georgia, and Judge Law, from Colchester, voted 
 against the principal amendments ; and yet the 
 members from the four southern counties were so 
 unanimously in favor of them, that after a session 
 of about a week, they were rejected by a very 
 small majority. Some amendments of minor im- 
 portance were adopted, the 17th, 18th, 19th, and 
 30th sections were added, and the 26th amended, 
 and the Constitution thus amended was adopted, 
 and is the Constitution contained in Thompson's 
 History of Vermont, and which is, by many, ta- 
 ken to be the first Constitution of the State. 
 Gov. Chittenden was President of the Convention, 
 but he took no part in the debates. It was un- 
 derstood that he was in favor of the proposed a- 
 mendments, but perceiving that the passions of a 
 majority of the members were so highly excited 
 in opposition that they could not be adopted, he 
 considered it to be his duty to reserve his influ- 
 ence for future occasions, when it might be avail- 
 able in promoting the public good. 
 
 He met the legislature at the October session 
 of 1796, for the last time, and delivered the fol- 
 lowing speech, which, as Mr. Thompson, in his 
 History of Vermont, remarks, is characterised by 
 
192 MEMOIR OF 
 
 simplicity, sound sense, and a paternal regard for 
 the welfare of the people : 
 
 ^' G-entlemen of the Council and Assembly : 
 
 So well known to you are the manifold favors 
 and blessings, bestowed on us as a people, by the 
 Great Ruler of the universe, that it would be un- 
 necessary for me to recapitulate them. I w^ould, 
 therefore, only observe, that, but a few years 
 since, we were without constitution, law, or gov- 
 ernment ; — in a state of anarchy and confusion ; 
 at war with a potent foreign power ; opposed by 
 a powerful neighboring state ; discountenanced by 
 the Congress ; distressed by internal dissensions ; 
 ■ — all our landed property in imminent danger, and 
 without the means of defence. 
 
 Now your eyes behold the happy day, when 
 "we are in the full and uninterrupted enjoyment 
 of a well regulated government, suited to the sit- 
 uation and genius of the people, acknowledged 
 by all the powers of the earth, supported by the 
 Congress, — at peace with our sister states, among 
 ourselves, and with the world. 
 
 From whence did these great blessings come ? 
 From God. Are they not worth enjoying ? They 
 surely are. Does it not become us as a people to 
 improve them, that w^e may have reason to hope 
 that they may be continued to us and transmitted 
 to posterity ? It certainly does. 
 
 What are the most likely means, to be taken by 
 us as a people, to obtain this great end ? — To be 
 a faithful, virtuous and industrious and moral peo-^ 
 
THOMAS CHITTENDEN. 198 
 
 j)le. Does it not bscome us as a legislature, to take 
 every method in our power, to encourage virtue, 
 industry, morality, religion and learning ? — I 
 think it does. Is there any better method, than 
 by our own example ; and having a sacred regard 
 to virtue, industry, integrity and morality, in all 
 our appointments of executive and judicial offi- 
 cers ? 
 
 This is the day w^e have appointed to nominate 
 all our subordinate executive and judicial officers, 
 throughout the state, for the present year. The 
 people, by free suffrages, have given us the pow- 
 er, and in us they have placed their confidence ; 
 —and to God, to them, and to our own conscien- 
 ces we are answerable. Suffer me then as a 
 father, as a friend, and as a lover of this people, 
 and as one, whose voice cannot be much longer 
 heard here, to instruct you, in all your appoint- 
 ments, to have regard to none but those who 
 maintain a good moral character — men of integ- 
 rity, and distinguished for wisdom and abilities ; 
 in doing this, you will encourage virtue, which is 
 the glory of a nation, and discountenance and dis- 
 courage vice and profaneness, which are a re- 
 proach to any people." 
 
 Soon after this, his health began to decline, and 
 the next season, being satisfied that he should nev- 
 er again be able to perform any public duties, he 
 resigned the office of Governor, and died on the 
 25th of August, 1797, in the 69th year of his 
 age. Thus a kind Providence prolonged his life, 
 25 
 
194 MEMOIR OF 
 
 until he had the satisfaction to see his beloved 
 State rise from a wilderness, sparsely settled by 
 the Green Mountain Boys, contending for their 
 independence, as a people, into a highly cultiva- 
 ted State, holding a high rank among her sister 
 States of the Union. What a rich and appropri- 
 ate reward for all his noble and patriotic exer- 
 tions 1 And he had the satisfaction of knoNving 
 that he had toiled for a grateful people, who 
 would ever hold him in affectionate remembrance ^ 
 as the father af the State. 
 
 CHAPTER IX. 
 
 Origin of Civil Government. — The powers of Government 
 necessarily vested in individuals, imtil the people are ca- 
 pable of Self-Government. — The people of the British A- 
 merican Colonies organized the first Civil Government 
 founded on the sovereignty of the people, the natural gov- 
 ernment of civilized man, and it will be extended through 
 the world. 
 
 Having brought down the history of the Con- 
 stitution from its first formation to the close of 
 Gov. Chittenden's administration, I shall close 
 with some observations on the past, and some con- 
 jectures as to the future. I have said that the 
 government founded on the savereignty of the 
 
THOMAS CHITTENDEN. 195 
 
 people is the natural government of man. It may 
 be asked how can this be, since such Government 
 was never formed until these latter days, when 
 the people of the British American Colonies were 
 compelled to form such governments. 
 
 A single glance at the origin and progress of 
 civil government will furnish an answer to this ques- 
 tion, and I can but glance at it merely to call the 
 reader's attention to the subject. 
 
 In the origin of civil society, more or less indi- 
 viduals associated and acted together in the man- 
 agement of their common concerns, and certain 
 individuals took the lead, as certain school boys 
 take the lead in all their juvenile sports, and these 
 individuals acquired an influence which gave them 
 command in all their enterprises. In progress 
 of time, a right to command was conceded, and it 
 became the duty of all to obey. At length this 
 right to command descended to the heir — hence 
 the hereditary monarchies of Europe. 
 
 In the same manner was the right to govern 
 vested in a number of individuals, forming an aris- 
 tocracy. 
 
 The people of Europe continued under these 
 governments, until they lost all ideas of their nat- 
 ural rights, and Trere contented in the enjoyment 
 
19G " MEMOIR OF 
 
 of such privileges as their sovereigns were gra- 
 ciously pleased to grant. But certain causes op- 
 erated to ameliorate the condition of the people of 
 England. They were restless under the oppress- 
 ion of the King and Nobles, and struggled to ob- 
 tain their freedom. And they were successful in 
 elevating the democracy to a level with the priv- 
 ileged order, the King and Nobles ; and finally 
 establishing the people in the House of Commons 
 as a co-ordinate branch of the Legislature, con- 
 stituting a free Monarchy. Under this govern- 
 ment, the people of England enjoyed political lib- 
 erty — the right of suffrage so far as was necessary 
 to secure them in the enjoyment of their civil 
 rights ; for in no government were the people 
 more perfectly secured in the enjoyment of them, 
 and they boasted, as in that age they had reason 
 to boast, of their Constitutional rights as English- 
 men. 
 
 And those of them who settled the North Am- 
 erican Colonies brought with them Constitutional 
 rights as British subjects, and in some of the 
 Colonies they enjoyed the right of self-govern- 
 ment, with very little restriction, and they enjoy- 
 ed political liberty in the election of all their pub- 
 lic functionaries. This was the case in Connect- 
 
THOMAS CHITTENDEN. 197 
 
 icut ; consequently their government was undis- 
 turbed by the Revolution, and they continued un- 
 der their Colonial organization, without any writ- 
 ten Constitution until the year 1818. 
 
 In all the other Colonies, except Rhode Island, 
 the governments were overthrown by the Revolu- 
 tion, and the people were left destitute of any po- 
 litical organization. Thus situated, the people 
 were compelled to form governments for them- 
 selves, without any precedent, without any model 
 from the past, and as there were no diflferent or- 
 ders in the community, but the whole people were 
 on a level, possessed of equal rights, they formed 
 their governments on the democratic principle of 
 the sovereignty of the people. 
 
 This was the first opportunity which a civilized 
 people ever had to form a government for them- 
 selves, and as civilization is a state to which man 
 naturally arrives by the exercise of those faculties 
 with which his Maker endowed him for his im- 
 provement, it is properly termed his natural state, 
 and the government which he establishes, found- 
 ed on his natural rights, may be properly termed 
 the natural government of man. The time had 
 now arrived, in the order of Providence, when a 
 people became capable of self-government, and 
 
198 MEMOIR OF 
 
 they were placed in sucli circumstances that they 
 were under the necessity of trying the experi- 
 ment of a government founded on the sovereign- 
 ty of the people. 
 
 Now it is clear that no people could be capable 
 of self government, until advanced to a high degree 
 of civilization, and it is as clear that they nev- 
 er could make any advances towards a state 
 of civilization, without some kind of organized 
 civil government. How manifest, then, is the 
 wisdom of the Creator in so constituting man, that 
 when societies should be formed and civil govern- 
 ment become necessary, the people would submit 
 to the government of individuals, until they should 
 become capable of self-government. In this view 
 of the subject, who can say that the divine right 
 of Kings was as useless as it was impious ? So 
 long as the people were incapable of governing 
 themselves, the powers of government were of ne- 
 cesity vested in individuals, who exercised them 
 as a matter of right, and very naturally this right 
 grew into a divine right. 
 
 To those living under a government thus con- 
 stituted, by whose authority alone they had been 
 protected against lawless violence, a government 
 of the people by themselves would appear like an 
 
THOMAS CHITTENDEN. 109 
 
 organized anarchy. And though the Colonists had, 
 in a good degree, enjoyed the right of self-govern- 
 ment, yet, as they were protected in the enjoy- 
 ment of their civil rights by the authority of the 
 King, and justice was administered in his name, 
 their views of civil government, which had been 
 jSxed by habit, were not at once entirely changed, 
 and many entertained doubts and fears in relation 
 to the successful operation of a government by 
 the people. But during the war of independence, 
 little attention was paid to the operation of the 
 State Constitutions, nor was much regard paid to 
 them by the State Legislatures. The people 
 were so united in the defence of the country, that 
 they could have acted cordially together without 
 any organized government, as did the people of 
 the New Hampshire Grants during their contest 
 with New York. 
 
 But after the close of the war, after the exter- 
 nal pressure had been removed, the people mani- 
 fested a different spirit. They had persuaded 
 themselves that they had been cruelly oppressed 
 by the tyranny of the British government, and 
 that if they could achieve their independence, 
 their condition would be entirely changed, that, 
 enjoying the largest liberty under their free gov- 
 
200 MExMOIH OF 
 
 ernments, thej should live in a state of ease and 
 happiness, to which they had ever been strangers. 
 But during the seven years of war, a great por- 
 tion of the people had contracted habits of idleness 
 and dissipation, which inevitably lead to poverty 
 and distress, under any government. In addition 
 to this, to defray the expenses of the war, the 
 taxes were necessarily higher than they had ever 
 paid while under the British government. 
 
 By this disappointment, the minds of the peo- 
 ple were soured, attributing all their distress to 
 the new government, and not having obtained a 
 clear understanding of the principles on which 
 they rested, felt that they had a right to rise in 
 opposition to them. And in this State, and some 
 others, great numbers were in arms, to overthrow 
 the governments which they had instituted. In 
 this state of things, the sober and reflecting part 
 of community were alarmed, their doubts and 
 their fears in relation to the successful operor 
 tion of the new governments were revived and in- 
 creased, and the following lines from McFingal 
 were constantly quoted, as containing a prophecy 
 which was speedily to be fulfilled to the let- 
 ter : — 
 
THOMAS CHITTENDEN. 201 
 
 " What wild confusion Lence must ensue, 
 
 Though common danger now cements you ; 
 
 So some wrecked vessel, all in shatters, 
 
 Is held up by surrounding waters, 
 
 But stranded when the pressure ceases 
 
 Falls by its rottenness to pieces, 
 
 And fall it must, if war be ended, 
 
 For you'll ne'er have sense enough to mend it.'' 
 
 But McFingal proved to be a false prophet. 
 These msurrections took place in 1T86-7, and the 
 State governments had sufficient strength to over- 
 come all opposition, and restore peace and good 
 order. It is true that the insurrections in the 
 State governments created distressing fears that 
 they could not be sustained, "without the aid of a 
 National Government, which brought the States to 
 agree in establishing such a government ; and it is 
 also true that the several states could never have 
 been in a prosperous condition, so long as they 
 continued sovereign and independent states, even 
 if they could have lived in peace. But it is not 
 true that State governments would have failed by 
 reason of the weakness of a government founded 
 on the sovereignty of the people, for they were 
 sustained under all the adverse circumstances a- 
 bove named, and which could never .again occur 
 in all their force. The governments were new 
 and the principles on which they rested were not 
 26 * 
 
202 MEMOIR OP 
 
 fully understood, nor had their authorltj become 
 venerable by time, nor had the people acquired a 
 habit of submission to their authority, or a know- 
 ledge of their strength. Add to this, the dis- 
 tressed condition of the people, rendered more in- 
 tolerable by their disappointed expectations, and 
 who can fail to perceive and acknowledge the pe- 
 culiar strength of a government founded on the 
 sovereignty of the people. If there be at any 
 time a dissatisfaction among the people with the 
 administration, their efforts will be directed not a- 
 gainst the authority of the government, but to a 
 change in the public functionaries, and if they 
 succeed, they are satisfied with a change of meas- 
 ures — if they fail, they find a majority of the peo- 
 ple against them, and an attempt to obtain redress 
 by force would be hopeless. Accordingly, we find 
 that, since the insurrections of 1786-7, there has 
 beenno insurrection against the State government, 
 except in Rhode Island ; but that state did not be- 
 long to the family of American states — her gov- 
 ernment was of European origin, and the people 
 never had an opportunity to institute a govern- 
 ment for themselves, for a great portion of them 
 were deprived of all their political rights. An 
 insurrection in that state was therefore natural^ 
 
THOMAS CHITTENDEN. 203 
 
 and in the outset justifiable. In all the other 
 states, the people have become so habitually sub- 
 missive to the government, that they feel little le- 
 gal restraint, and would scarcely be sensible that 
 they live under any government, were they not 
 occasionally called on to vote and pay moderate 
 taxes. 
 
 There was one insurrection against the Nation- 
 al government, while in its infancy, and before its 
 strength was ascertained, which was soon suppress- 
 ed. If there be in future any opposition to that 
 government, it will be by those states who consid- 
 er themselves sovereign and independent, as they 
 were under the confederation. If there shall ever 
 be a majority of the states maddened into this 
 strange delusion, the remarks of McFingal in the 
 following lines will be as applicable to the Congress 
 under the constitution, as they were to the old 
 Congress : — 
 
 * * Nor can you boast, this present hour, 
 The shadow or the form of power ; 
 For what's your Congress, or its end ? 
 A power to advise and recommend, 
 To call forth troops, adjust your quotas, 
 And yet no soul is bound to notice." 
 
 Both the state and national governments are 
 founded on the sovereignty of the people. The 
 
204 MEMOIR OF 
 
 •■wliole people of the United States, have vested in 
 the national government the sole power of regu- 
 lating all our national concerns, leaving -with the 
 several states the regulation of their domestic 
 concerns, and we may then say that it has been 
 proved, by an experience of more than half a cen- 
 tury, that a civil government, founded on the sov- 
 ereignty of the people, is a stronger government, 
 and is better calculated to secure the peace and 
 promote the happiness of the people, than any 
 other civil government which has been established, 
 either by compact, by custom, or by force. But 
 it must be observed, that the people who estab- 
 lished and supported this government were a high- 
 ly civihzed, intelligent and Christian people, and 
 it must be particularly noticed, that a vast major- 
 ity of them were possessed of property, and had 
 an interest in its protection. 
 
 But although the experiment does not prove it, 
 have we not reason to hope that a free government 
 may be established and supported by a people far 
 less favored in these respects, than the people of 
 the United States ? Our example has made a 
 deep impression on the people of Europe, and they 
 are struggling to obtain theif freedom. And can 
 we believe that it will be so ordered by Providence; 
 
THOMAS CHITTENDEN. 205 
 
 that this struggle mil only drench Europe in blood, 
 and leave the people in slavery ? May we not 
 rather believe that the blessings of free govern- 
 ment "will not be confined to North America, and 
 Western Africa, but that civiHzation and free gov- 
 ernment will accompany the Christian religion in 
 its extension over the whole earth. 
 
APPENDIX. 
 
 NO. I. 
 
 Abfe fojoa^e 118.-— In the MS. prepared for the press, thcr 
 following Was inserted, between lines 13 and 14 from the top : 
 " Gov, Gerry, who was a member of the Convention which 
 formed the Constitution of the United States, and was a dis- 
 tinguished republican through life, when the Convention 
 were endeavoring to fix on the best form of government, re- 
 marked — ' Perhaps a limited monarchy would be the best 
 form of government, if we had materials for a House of 
 Lords.'" — The author inserted this from memory, having 
 read it some years since, in a volume containing the jour- 
 nals of the Convention which formed the Constitution of the 
 United States, with notes of the several debates in the Con- 
 vention, taken by Chief Justice Yates, who was one of the 
 delegates from the State of New York ; and, not being able 
 to find these remarks in any published work, he erased them 
 from the MS,, from, a fear that he had stated them incorrect- 
 ly. The following has since been foand, in the first volume 
 of Elliot's Debates on the Federal Constitution, page 454: 
 " Gov. Gerry remarked — perhaps a limited monarchy would 
 be the best government, if we could organize it , by creating^ 
 a House of Peers, but this cannot be done." 
 
208 APPENDIX. 
 
 KO, II. 
 
 LETTER FROM GOV. CHITTENDEN TO GEN. 
 WASHINGTON, UPON THE COURSE AND POL- 
 ICY OF VERMONT IN THE REVOLUTIONARY 
 WAR. 
 
 Arlington, Nov. 14, 1781. 
 Sir, — The peculiar situation and circumstances with which 
 this state, for several year.^ last past, has been attended, indu- 
 ces me to address your Excellency, on a subject which near- 
 ly concerns her interests, and may have its influence on the 
 common cause of the states of America. Placing the high- 
 est confidence in your Excellency's patriotism in the cause 
 of liberty, and disposition to do right and justice in every 
 part of America, (who have by arms supported their rights 
 against the lawless power of Great Britain,) I herein trans- 
 mit the measures by which this state has conducted her poli- 
 cy, for the security of its frontiers ; and, as the design and 
 end of it was set on foot, and has ever since been prosecuted 
 on an honorable principle, (as the consequences will fully 
 evince,) I do it with full confidence that your Excellency will 
 not improve it to the disadvantage of this truly patriotic, suf- 
 fering state ; although the substance has been communicated 
 by Capt. Ezra Hicock, employed by Major General Lincoln^ 
 by your Excellency's particular direction, and who arrived 
 here with the resolutions of congress of the seventh day of 
 August last, which appeared in some measure favorable to 
 this state. I then disclosed to him the measures this stats 
 had adopted for her security, which I make no doubt has by 
 him been delivered your Excellency. And though I do not 
 hesitate that you are well satisfied of the real attachment of 
 tho government of this state to the common cause, I esteem 
 it, nevertheless, ray duty to this state; and the common cause 
 
APPENDIX. 209 
 
 at large, to lay before your Excellency, in writing, the hereto- 
 fore critical situation of this state, and the management of its 
 policy, that it may operate in your Excellency's mind, as a 
 barrier against clamorous aspersions of its numerous (and, in 
 many instances, potent) adversaries. It is the misfortune of 
 this state to join on the frontier of Quebec, and the waters of 
 the Lake Champlain, which affords an easy passage for the 
 enemy to make a descent with a formidable army on its fron- 
 tiers, and into the neighborhood of the several states of New 
 York, New Hampshire, and Massachusetts, who have sever- 
 ally laid claims, in part or in whole, to this state, and who 
 have used every art which they could devise to divide her 
 citizens, to set congress against her, and, finally, to overturn 
 the government, and share its territory among them. The 
 repeated applications of this state to the congress of the Uni- 
 ted States, to be admitted into the federal union with them, 
 upon the liberal principles of paying a just proportion of the 
 expenses of the war with Great Britain, have been rejected, 
 and resolutions passed, ex parte, tending to create schisms in 
 state, and thereby embarrass its efforts in raisins^ men and 
 money for the defence of her frontiers, and discountenancing 
 the very existence of the state. Every article belonging to' 
 the United States, even the pickaxes and spades, has been 
 by the commissioners ordered out of this state, at a time 
 when she was erecting a line of forts on her frontiers. At the 
 same time the state of New York evacuated the post of 
 Skeensborough, for the avowed purpose of exposing this state 
 to the ravages of the common enemy. 
 
 The British ofl&cers in New York, being acquainted with 
 the public disputes between this and the claiming states, and 
 and between congress and this state, made overtures to Gen. 
 Allen, in a letter, projecting that Vermont should be a colony 
 
 27 
 
210 APPENDIX. 
 
 (._ 
 
 under the crown of Great Britain , endeavoring, at the same 
 time, to draw the people of Vermont into their interest. The 
 same day Gen. Allen received this letter, (which was in Aug- 
 ust, 1780,) he laid it before me and my council, who, under 
 the critical circumstances of the state, advised that no answer, 
 either oral or written, should be returned, and that the letter 
 be safely deposited till further consideration : to which Gen. 
 Allen consented. A few months after, he received a second 
 letter from the enemy, and same council advised that Gen* 
 Allen should send both letters to congress, (inclosed in a let- 
 ter under his signature, )which he did, in hopes that congress 
 would admit Vermont into union ; but they had not the de- 
 sired eflfect. 
 
 In the fall of the year 1780, the British made a descent up 
 the Lake Champlain, and captured the forts George and Ann, 
 and appeared in force on the lake. This caused the militia of 
 this state, most generally, to go forth to defend it. Thus the 
 militia were encamped against the enemy near six weeks 
 when Gen. Allen received a flag from them, with an answer 
 to my letter, dated the preceeding July, to Gen. Haldemand, 
 on the subject of an exchange of prisoners. The flag was 
 delivered to Gen. Allen, from the commanding officer of the 
 enemy, who was then at Crown Point, with proposals for a 
 truce with the state of Vermont, during the negotiating the 
 exchange of prisoners. Gen. Allen sent back a flag of his to 
 the commanding officer of the British, agreeing to the truce, 
 provided he would extend the same to the frontier parts of 
 the state of New York, which was complied with, and a truce 
 took place, which lasted about three weeks. It was chiefly 
 owing to the military prowess of the militia of this state, and 
 the including the state of New York in the truce, that Albany 
 
APPENDIX. 211 
 
 and Schenectady had not fell a sacrifice to the ambition of the 
 enemy that campaign. 
 
 Previous to the retreating of the enemy into winter quar- 
 ters, Col. Allen and Maj, Fay were commissioned to negoti- 
 ate the jjroposed exchange of prisouers. They proceeded so 
 far as to treat with the British commissioners on the subject 
 of their mission, during which time they were interchangea- 
 bly entertained with politics, which they treated in an affable 
 manner, as I have been told, but no cartel was settled ; and 
 the campaign ended without the effusion of blood. 
 
 The cabinet council, in the course of the succeeding win- 
 ter, finding that the enemy in Canada were about seven thous- 
 and strong, and that Vermont must needs be their object the 
 ensuing campaign, circular letters were therefore sent from 
 the supreme executive authority of this state to the claimina: 
 states before mentioned, demanding of them to relinquish 
 their claims to this state, and inviting them to join in a solid 
 union and confederation against the common enemy. Let- 
 ters were also sent to your Excellency and to the states of 
 Connecticut and Rhode Island ; any [one] of these letters 
 stated the extreme circumstances of this state, and implored 
 their aid and alliance, giving them withal to understand, that 
 it was out of the power of this state to lay in magazines and 
 support a body of men sufficient to defend this state against 
 the force of the enemy. But to those letters there has been 
 no manner of answer returned. 
 
 From all which it appeared that this state was devoted to 
 destruction by the sword of the common enemy. It ajipeared 
 to be the more unjustifiable that the state of Vermont should 
 be thus forsaken, inasmuch as her citizens struck the first of- 
 fensive blow against British usurpation by putting the conti- 
 nent in possession of Ticonderoga, and more than two hun- 
 dred pieces of canaou; with Crown Poiut; 3t. John's, and all 
 
212 APPENDIX. 
 
 Lake Champlain; their exertions in defeating General Carle- 
 ton in his attempt to raise the siege of St. John's ; their assist- 
 ing in penetrating Canada ; their valor in the battle of Hub- 
 bardton, Bennington, and the landing near Ticonderoga ; as- 
 sisting in the capture of General Burgoyne, and by being the 
 principal barrier against the power of the enemy in Canada 
 ever since. 
 
 That the citizens of this state have, by nature/ an equal 
 right to liberty and independency with the citizens of Amer- 
 ica in general cannot be disputed, and that they have merited 
 it from the United States, by their exertions with them, in 
 bringing about the present glorious revolution, is as evident a 
 truth as any other which respects the acquired right of any 
 community. Generosity, merit and gratitude all conspire in 
 vindicating the independence of Vermont ; but notwithstan- 
 ding the arguments which have been exhibited in sundrv 
 pamphlets in favor of Vcmont, which have been abundantly 
 satisfactory to the itnpartial part of mankind, it has been in 
 the power of her external enemies to deprive her of union, 
 confederation, or any equal advantage in defending themselves 
 against the common enemy. The winter being thus spent in 
 fruitless attempts to form alliances, and no advantages were 
 procured in favor of this state, except that Massachusetts 
 withdrew her claim on condition that the United States would 
 concede to the independence of Vermont ; but that if they 
 •would not, they would have their smack at the south end of 
 its teiTitory ; still New York and New Hampshire were stren- 
 uously opposed to the independence of Vermont, and every 
 stratagem in their power to divide and sub-divide her citizens 
 were exerted, imagining that their influence in congress, and 
 the certain destruction (as they supposed) of the inhabitants 
 of this state by the common enemy, could not fail of finally 
 jaccomplishing their wishes. 
 
APPENDIX. 213 
 
 In this juncture of affnirs, the cabinet of Vermont project- 
 ed the extension of their claim of jurisdiction upon the state 
 of New Hampshire and New York, as well to quiet their own 
 iuternal divisions occasioned by the machinations of those 
 two governments, as to make them experience the evils of in- 
 testine broils, and strengthen this state against insult. The 
 legislature accordingly extended their jurisdiction to the east- 
 ward of Connecticut River to the old Mason line, and to the 
 westward to Hudson River ; but in the articles of union re- 
 ferred the determination of the boundary line of Vermont and 
 the respective claiming states, to the final decision of congress, 
 or such other tribunal as might be mutually agreed upon by 
 the contending governments. These were the principal po- 
 litical movements of the last winter. The last campaign o- 
 pened with a gloomy aspect to the discerning citizens of this 
 state, being destitute of adequate resources, and without any 
 alliance, and that from its local situation to Canada, obliged 
 to encounter the whole force of that province, or give up its 
 claim to independence and run away. 
 
 Vermont being thus drove to desperation by the injustice 
 of those who should have been her friends, was obliged to a- 
 dopt policy in the room of power ; and, on the first day of 
 May last. Colonel Ira Allen was sent to Canada, to further 
 negotiate the business of the exchange of prisoners, who a- 
 greed on a time and place, and other particulars relating to 
 the exchange. While he was transacting that business, he 
 was treated with great politeness, and entertained with polit- 
 cal matters, which necessity obliged him to humor in that 
 easy manner that might serve the interests of this state in its 
 extreme critical situation, and that its consequences might 
 not be injurious to the United States. The plan succeeded. 
 The frontiers of this state were not invaded, andLord George 
 
214 APPENDIX. 
 
 Germain's letter wrought upon congress and procured that 
 from them which the public virtue of this people could not. 
 
 In the month of July last, Major Joseph Fay was sent to 
 the British shipping on Lake Champlain, who completed an 
 exchange of a number of prisoners who were delivered at 
 Skeensborough in September last, at which time and place 
 Colonel Ira Allen and Major Fay had a conference with the 
 British commissioners, and no damage had as yet occurred 
 to this or the United States from this quarter. And in the 
 month of October last, the enemy appeared in force at Crown 
 Point and Ticonderoga, but manoeuvred out of their expedi- 
 tion, and were returned into winter quarters in Canada with 
 great safety ; that it might be fulfilled which was spoken by 
 the prophet : — " I will put my hook in their nose, and turn 
 them back by the way which they came, and they- shall not 
 come into this city " (alias Vermont) " saith the Lord." 
 
 It remains that I congratulate your Excellency, and par- 
 ticipate with you in the joy of capturing the haughty Corn- 
 wallis and his army, and assure your Excellency that there 
 are no gentlemen in America who enjoy the glorious victory 
 more than the gentlemen of this state, and him who has the 
 honor to subscribe himself your Excellency's devoted and 
 most obedient, humble servant, 
 
 THOMAS CHITTENDEN. 
 
 His Excellency General WAsmNGTON. 
 
APPENDIX. 
 
 215 
 
 NO. III. 
 
 REPRESENTATION IN THE SEVERAL STATES. 
 Below we give the number of members in each house of 
 representatives in the Union, excepting those states which 
 have been recently organized, with the number of inhabitanta 
 to each representative in the several states, and the constitu- 
 tional provisions for reducing the number of representatives 
 and equalizing the representation in some of the New Eng- 
 land States. 
 
 States. 
 
 Maine, 
 
 New Hampshire, 
 
 Vermont, - 
 
 Massachusetts, 
 
 Rhode Island, - 
 
 Connecticut, - 
 
 New York, 
 
 New Jersey, • 
 
 Pennsylvania, - 
 
 Delaware, 
 
 Maryland, • 
 
 Virginia, 
 
 North Carolina, 
 
 South Carolina, 
 
 Georgia, 
 
 Alabama, 
 
 Mississippi, 
 
 Louisiana, 
 
 Tennessee, 
 
 Kentucky, 
 
 Ohio, - 
 
 Indiana, 
 
 Illinois, 
 
 Missouri, 
 
 No. OF Rbp3. 
 
 151 
 
 274 
 
 240 
 
 300 
 
 69 
 
 220 
 
 128 
 
 42 
 
 100 
 
 21 
 
 76 
 
 134 
 
 114 
 
 134 
 
 100 
 
 60 
 
 100 
 
 50 
 
 40 
 
 100 
 
 72 
 
 36 
 
 36 
 
 100 
 
 INHAB. TO A Rep. 
 
 3,323 
 
 1,037 
 1,216 
 2,459 
 1,577 
 1,409 
 
 > 18,976 
 8,888 
 17,240 
 3,718 
 6,114 
 9,252 
 6.609 
 4,435 
 
 . 6,914 
 9,845 
 
 . 3,756 
 
 7,048 
 
 20,730 
 
 7,798 
 
 ■ 21,103 
 19,052 
 
 . 13,230 
 3,837 
 
 By the foregoing, it appears that in the states South and 
 West they have a less number of representatives than in the 
 New England States, and that their representation is perfect- 
 ly equal. Counties being the only local corporations of any 
 importance, they, in the first place, decided what would bo 
 the most suitable number of members in a house of repre- 
 sentatives, and then apportioned them to the several counties, 
 according to their population. And as there has been noth- 
 
216 APPENDIX. 
 
 ing in the way of increasing the number of their representa- 
 tives, by amending their constitutions, we may reasonably 
 conclude that they have found by experience that their rep- 
 resentatives are sufficiently numerous. 
 
 And it is worthy of remark, that the oldest of these states, 
 whose constitutions were formed in the infancy of our insti- 
 tutions, have the greatest number of representatives— that 
 the emigrants from them, availing themselves of their exper- 
 ience in their mother states, greatly reduced the number of 
 representatives. 
 
 We have seen that in Vermont we have a greater number 
 of representatives than any other state, excepting Massachus- 
 etts and New Hampshire, and a greater number than Mass- 
 achusetts in proportion to the population ; and that the state 
 of New York, with a population greater than that of New 
 England, has only 128 representatives, and that the New 
 England states have 1,254. 
 
 This increased number of representatives in New England 
 has arisen out of our town corporations, which we so highly 
 prize. Such are the powers of the town corporations, that 
 they lay the most burthensome taxes, and the people feel a 
 deeper interest in the proceedings and finances of the town, 
 than they do in the proceedings of the legistature and the fi- 
 nances of the state. This creates a separate town interest so 
 great, that if a town be not represented by one of her own 
 inhabitants, the people feel that they have no voice in legis- 
 lation. Hence, the necessity of a town representation, from 
 which we experience two evils of no small magnitude : a 
 house of representatives by far too numerous, and an ine- 
 quality in the representation. The following provision in 
 the Constitutions of the New England States will show the 
 eflforts which have been made by some of them to remove 
 
APPENDIX. 217 
 
 these evils. lu the first Constitution of Massachusetts, adop- 
 ted in 1786, we find the following system of representation : 
 
 " And in order to provide for a representation of the citi- 
 zens of this Commonwealth, founded on the principles ofe- 
 quality, every corporation containing one hundred and fifty 
 rateable polls may elect one represejitative ; every corporate 
 town, containing three hundred and seventy-five rateable 
 polls, may elect two representatives; every corporate town 
 containing six hundred rateable polls, may elect three repre- 
 sentatives ; and so proceeding, making two hundred and 
 twenty five rateable polls the mean increasing number for 
 everyadditional representative. Provided, nevertheless, that 
 each town now incorporated, not having one hundred 
 and fifty rateable polls, may elect one representative ; but no 
 place shall be hereafter incorporated with the privilege of e- 
 lecting a representative, unless there be within the same one 
 hundred and fifty rateable polls." 
 
 Under the operation of this provision for increasing the 
 number of representatives as the population increased, such 
 additions were made to thenumber of representatives, that at 
 the time when Mauae was separated from Massachusetts, in 
 the year 1819, the House consisted of about seven hundred 
 members, and after the separation of Maine from Massachus- 
 etts, the number of representatives was so increased by an in- 
 crease of the population, that great efforts were made to re- 
 duce the number, but a long time elapsed before they could 
 devise ariy satisfactory mode of doing it. At length they ad- 
 opted an amendment of the Constitution, making the follow- 
 ing provision for a representation of the people : 
 
 " The rnembers of the house of representatives shall be ap- 
 portioned in the following manner : Every town or city con- 
 taining twelve hundred inhabitants may elect one representa- 
 tive, and twenty-four hundred inhabitants shall he the mean 
 increasing number which shall entitle it to an additional rep- 
 resentative; Every town containing less than twelve hundred 
 inhabitants shall be entitled to elect a representative as many 
 times within ten years as the number one hundred and sixty is 
 contained in the number of the inhabitants of such town. 
 Such towns may also elect one representative for the year in 
 
 28 
 
218 APPENDIX. 
 
 ■which the valuation of estates within the Commonwealth 
 shall be settled. Any two or more of ihe several towns may, 
 by consent of a majority of the legal voters present, at a le- 
 gal meeting in each of said towns, respectively, called for that 
 purpose, and held before the first day of August in the year 
 1840, and every tenth year thereafter, form themselves into a 
 representative district to continue for the term of ten years. 
 And such district shall have all the rights in regard to repre- 
 sentation which would belong to a town containing the same 
 number of inhabitants. The number of inhabitants which 
 shall entitle a town to elect one representative, and the mean 
 increasing number which shall entitle a town or city to elect 
 more than one, and also the number by which the population 
 of towns not entitled to elect a representative every year is to 
 be divided, shall be increased respectively by one tenth of the 
 numbers above mentioned, whenever the population of the 
 Commonwealth shall have increased to seven hundred and 
 seventy thousand, and for every additional increase of seven- 
 ty thousand inhabitants, the same addition of one tenth shall 
 be made, respectively, to the numbers above mentioned." 
 
 Under this very artificial system of representation, the av- 
 erage number of representatives has been three hundred. 
 
 In the Constitution of Maine, adopted in the year 1819, is 
 * the following provision, limiting the number of representa- 
 tives and apportioning them to the several counties and 
 towns : 
 
 " The house of representatives shall consist of not less than 
 one hundrednor more than two hundred members, to be elect- 
 ed by the qualified electors for one year from the next day 
 preceding the annual meeting of the Legislature." 
 
 Provision is then made for taking a census of the inhabit- 
 ants periodically, and following this are these additional pro- 
 visions : 
 
 " Thennm"bcr of representatives shall, at the several periods 
 of making such enumeration, be fixed and apportioned a- 
 mong the several counties, as near as may be, according to 
 the number of inhabitants, having regard to the relative in- 
 crease of population. The number of representatives shall, 
 on said apportionment, be not less than one hundred, nor 
 
APPENDIX. 219 
 
 more than one hundred and fifty; and whenever the number 
 of representatives shall be two hundred, at the next annual 
 meetings of election which shall thereafter be had, and at 
 every subsequent period often years, the people shall give in 
 their votes whether the number of representatives shall be in- 
 creased or diminished, and if a majority of voters are in favor 
 thereof, ii shall be the duty of the next Legislature thereafter 
 to increase or diminish the number by the rule hereinafter 
 prescribed : 
 
 Each town having fifteen hundred inhabitants may elect 
 one representative ; each town having thirty-seven hundred 
 and fifty may elect two ; each town having sixty-seven hun- 
 dred and fifty may elect three ; each town having ten thous» 
 and five hundred may elect four ; each town having fifteen 
 thousand may elect five; each town having twenty thousand 
 two hundred and fifty may elect six; each town having twen- 
 ty six thousand two hundred and fifty may elect seven ; but 
 no town shall ever be entitled to elect more than seven rep- 
 resentatives ; and towns and plantations duly organized, not 
 having fifteen hundred inhabitants, shall be classed as conve- 
 niently as may be into districts, and so as not to divide towns, 
 and each such district may elect one representative, and 
 when, on this apportionment, the number of representatives 
 shall be two hundred, a different apportionment shall take 
 place, on the above principles, and in case the fifteen hundred 
 shall be too large or too small to apportion all the representa- 
 tives to any county, it shall be so increased or diminished as 
 to give the number of representatives according to the above 
 rule and proportion, and whenever any town or towns, plan- 
 tation or plantations, not entitled to' elect a representative, 
 shall determine against a classification with any other town 
 or plantation, the legislature may, at each apportionment ot 
 representatives, on the application of such town or plantation, 
 authorize it to elect a representative for such portion of time, 
 and such periods, as shall be equal to its portion of represen- 
 tation, And the right of representation so established shall 
 not be altered, until the next general apportionment." 
 
 Although, by the Constitution, the legislature were author- 
 ized to increase the number of representatives to two hun- 
 dred, they have added but one representative since the gov- 
 ernment was organized, making the present number one hun- 
 dred and fifty one. 
 When the Colonial government was organized in Connect' 
 
220 APPENDIX. 
 
 icut, a system of representation was adopted similai to the 
 borough representation in England. The towns were con- 
 sidered as equal, and all were entitled to the same repre- 
 entation, without regard to the size of the town, or the num- 
 ber of inhabitants. It was the town corporation that was 
 represented. And when a town was divided, and a new 
 town incorporated, it was considered that such new town had 
 a right to the same representation as the other towns. 
 
 As the towns were originally large, two representatives 
 were allowed to each town. This system of representation 
 was continued until after the close of the Revolutionary War, 
 when an act was passed^ providing that no towns thereafter 
 incorporated should be allowed more than one representa- 
 tive. In the year 1818, the first Constitution of Connecticut 
 was adopted, in which is the following provision relating to 
 the representation : 
 
 " The house of representatives shall consist of members re 
 siding in the towns from which they are elected. The num- 
 ber of representatives from each town shall be the same as at 
 present provided and allowed. In case a new town shall 
 be hereafter incorporated, such town shall be entitled to one 
 representative only, and if such new town shall be made from 
 one or more towns, the town or towns from which the same 
 shall be made, shall be entitled to the same number of repre- 
 sentatives as at present alloAved, unless the number shall be 
 reduced by the consent of such town or towns." 
 
 In the Constitution of Rhode Island is the following system 
 of representation : 
 
 " The house of representatives shall never exceed seventy 
 two members, and shall be constituted on the basis of popula- 
 tion, always allowing one representative for a fKiction exceed- 
 ing half the rateSjbut each town or city shall always be entitled 
 to at least one member, and no town or city shall ever have 
 inore than one sixth of the whole number of members to 
 which the house is hereby limited. The present ratio shall 
 be one representative to every fifteen Imndred and thirty in- 
 habitants. The General Assembly may, after any new cen- 
 sus taken by authority of the United States, or of the State, 
 re-apporlion the representation, by altering the ratio, but no 
 
APPENDIX. 221 
 
 town or city shall be divided into districts, for the choice of 
 representatives. The present number of representatives shall 
 be sixtj'-nine, being one representative to every fifteen hun- 
 dred and seventy-seven inhabitants." 
 
 In the Constitution of New Haraj^shire, is the following 
 
 provision for a representation of the people : 
 
 " There shall be in the legislature of this state, a represent- 
 ation of the people annually, elected and founded on principles 
 of equality. And in order that such representation may be 
 as equal as circumstances will admit, every town, parish, or 
 place entitled to town privileges, having one hundred and 
 fifty rateable male polls of twenty-one years «of age and up- 
 wards, may elect'one representative ; of four hundred and fifty 
 rateable male polls may elect two representatives; and so, 
 proceeding in that proportion, making three hundred such rate • 
 able polls the mean ensuing number for any additional repre- 
 sentative. Such towns, parishes, or places as have less 
 than one hundred and fifty rateable polls, shall be classed by 
 the General Assembly, for the purpose of choosing a repre- 
 sentative, and seasonably notified thereof. And in every class 
 formed for the above mentioned purpose, the first annual 
 meeting shall be held in the towns, parish, or place wherein 
 most of the rateable polls reside, and afterwards in that which 
 has the next highest number, and so on annually by rotation 
 through the several town, parishes, or places forming the dis- 
 trict. Whenever any town, parish, or place entitled to town 
 privileges shall not have one hundred and fifty rateable polls, 
 and be so situated as to render the classing thereof with any 
 other town very inconvenient, the General Assembly may, on 
 application of a majority of the voters of such town, parish, 
 or place, issue a warrant for their electing and sending a rep- 
 resentative to the General Court." 
 
 Under this system, the average number of representatives 
 is two hundred and seventy-four, being one representative to 
 every one thousand and thirty-seven inhabitants. 
 
 By the Constitution of Yermont, every organized town, 
 however small the number of inhabitants^ is allowed one rep- 
 resentative ; and no town is entitled to more than one. Un- 
 der this system of representation, we have seen, the number 
 of representatives is two hundred and forty ; and when all the 
 towns in the state shall be organized, the number will be con- 
 
222 APPENDIX. 
 
 siderably increased. By the small size of our towns, we have 
 a greater number of representatives than they have in Con- 
 necticut, although two representatives are allowed to the 
 greater part of the towns. This is owing to the large size of 
 these towns, being originally from ten to twelve miles square. 
 
 THE END. 
 
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