> ^ W <* •: «? A 1 ^ v *> V c 5" " ° Vv A * * a N o 9 ^ " ;o* <*• GEOGRAPHY, HISTORY AND CIVIL GOVERNMENT OF VERMONT. ^by- EDWARD CONANT, A. M., Principal of State Normal School, Randolph, Vt. y and Ex-State Superintendent of Education of Vermont. Yf I haue sayed a misse, I am content that any man amende it. — Roger A sc ha m. PUBLISHED BY THE TUTTLE COMPANY RUTLAND, VT. 1890. I Copyrighted by Tbe Tuttle Company, Rutland, Vt. PREFACE. This book has been prepared as a text book for schools. The work has been done with the convic- tion that, while fullness is desirable, brevity is necessary. In the Geography an attempt has been made to exhibit Vermont in its relations to other portions of the country, both contiguous and remote. To that end the first three maps were introduced. The first and the second of these show the position of the State with respect to some of the great routes of travel across the continent, , while the third shows some commercial relations of high importance to our industries ; and equally it shows our relation to some of the chief centers, of American civilization. The next four maps illustrate different phases of our geography. The map entitled Political Divisions shows every town and gore in the State, the probate districts, the counties, the congressional districts. The last map illustrates the following history. It is believed that this use of several maps has decided advantages over any larger maps that could be intro- duced in such a book. 4 PREFACE. The description of the mountains and valleys and of the waters of the State is the result of some obser- vation, reading and reflection ; and it is believed to present the fundamental conceptions necessary to a clear understanding of our geography and history. Several tables have been appended to the Geography containing matters of interest, and furnishing illus- tration of the development of the State. In the History the chief difficulty encountered grew out of the abundance of material. The purpose has been to select that only which is important, character- istic and interesting. The chief authorities followed are Zadoc Thompson's Vermont, Hiland Hall's Early History of Vermont, B. H. Hall's History of Eastern Vermont, The Governor and Council of Vermont, Benedict's Vermont in the Civil War, Miss Hemen- way's Historical Gazetteer of Vermont, Chittenden's The Capture of Ticonderoga, The Centennial Anni- versary of the Battle of Bennington, and The Memoir and Official Correspondence of General John Stark. Several town histories have been very help- ful. Among these are D. P. Thompson's History of Montpelier, The History of the Town of Newfane, Munson's History of Manchester, Tucker's History of Hartford, and Dana's History of Woodstock. Material of value has been drawn from Belknap's History of New Hampshire, Parkman's Pioneers of France, Palmer's History of Lake Champlain, Lossing's Field PREFACE. s Book of the War of 1812, the Histories of the United States of Bancroft, Hildreth and Schouler, and from other works. The first settlement of Vermont has been assigned to Vernon, and to a date not later than 1690, on the authority of Hon. H. H. Wheeler, Judge of the U. S. District Court for the District of Vermont, who has rendered valuable assistance in another part of the work. Aid has also been received from Rev. A. W. Wild, from Hon. Hiram A. Huse, State Librarian, who read a portion of the proof sheets, and from Hon. G. G. Benedict, who, in addition to other assistance, read the proof of the chapter on the Civil War, and to whose History and aid the value of that chapter is chiefly due. To others, who have offered valuable suggestions and encouragement, much is due. The author hopes this book may prove useful to the youth of Vermont. Randolph, August, iSpo. CONTENTS GEOGRAPHY. PAGE. Chap. I. — Position. Boundaries. Extent 9 Chap. II. — Mountains. Water-shed. Valleys 10 Chap. III. — Boundary waters 13 Chap. IV. — Internal waters. — Rivers, lakes, ponds 14 Questions on text and map 18 Chap. V. — Routes of travel 20 Railroad journeys 22 Chap, VI.— Climate 24 Chap. VII. — Soil and productions 25 Chap. VIII. — Rocks and quarries, metals and mines 27 Metals and mining 32 Chap. IX. — Divisions of the State 34 Chap. X. — Chief towns 35 Chap. XI. — Educational 48 MAPS. Map of North America Inside of first cover. Map of the United States Page next to inside of first cover. Map of Vermont and vicinity 8 Map of Vermont. Mountains aind rivers 1!' Map of Vermont. Routes of travel 23 Map of Vermont. Rocks and quarries 33 Map of Vermont. Political divisions 37 Map of Vermont. Historical 64 TABLES. Population by towns. 1791 to 1890 50 57 Population by counties, 1791 to 1890 5S Most populous towns 59 Gains and losses of population 60 CONTENTS. r PAGE. Mountains and ponds 61 Organization of counties, etc 62 Ports of entry in Vermont 62 Lighthouses in Vermont 62 Federal court houses in Vermont 62 HISTORY OF VERMONT. Chap. I. — Explorations. Raids. First settlement. War parties. 65 Chap. II. — Further settlements. Conflicting claims 79 Chap. III. — The revolutionary war 90 Chap. IV.— The building of the State 109 Chap. V. — A State, but not in the Union 117 Chap. VI. — Development 113 Chap. VII. — War. Business. Social conditions 139 Chap. VIII.— The civil war '. 164 Chap. IX. — Changes. Education 179 CIVIL GOVERNMENT. Introductory note 195 Notes for study 197 The Constitution of tbe United States 224 Synopsis of Constitution of the United States 260 Constitution of Vermont 263 Synopsis of the Constitution of Vermont 285 The Central Valley of Vermont lies east of the main range of the Green Mountains and extends from the Missisquoi River to the Black River southeast from Killington Peak. Near the middle of its northern por- tion, this valley is almost filled by Norris Mountain. The portion between the Lamoille and the Winooski rivers is the widest. The portion between the Winooski and the White rivers is crossed about midway by the main water-shed of Vermont. The southern portion, in which are branches of the White, Quechee and Black rivers, is quite irregular in its direction. GEOGRAPHY OF VERMONT. ij CHAPTER III. THE BOUNDARY WATERS OF VERMONT. The Connecticut River, after a short course to the southwest, forms, by its west bank, the entire eastern boundary of the State, and then passes through Massa- chusetts and Connecticut and empties into Long Island Sound. Its chief commercial use is to float logs from the upper portion of its valley to the manufacturing towns below. It furnishes abundant w r ater power, which is made use of in Vermont, particularly at Canaan, Guildhall, Mclndoes, Olcott, Bellows Falls. Lake Memphremagog is about midway between the Connecticut River and Lake Champlain. It is about thirty miles long and two to three miles wide. It extends from north to south and lies about one-fourth in Vermont and three-fourths in Canada. Near its southern extremity are the villages of Newport and West Derby. The outlet of this lake is the St. Francis River, which empties into the St. Lawrence River. Lake Champlain is partly in Vermont and partly in New York and in Canada. This lake is one hundred twenty-six miles long, and about one-fifth of this length is in Canada. Its greatest width is thirteen miles, and its average width is about four and one- half miles. Its outlet is the Richelieu River, which empties into the St. Lawrence River. There are many islands in this lake, the chief of which are South Hero, North Hero and Isle La Motte, all in Vermont. The most important port on the lake in Vermont is Bur- lington. 14 GEOGRAPHY OF VERMONT. This lake was an important thoroughfare before white men traversed it, and it is so still, though the railroads on each side of it and those crossing both its northern and its southern portions diminish its impor- tance in this respect. In colonial days and during the Revolutionary War and the war of 1812, there were strong fortifications on the west side of it, and im- portant battles were fought near it and upon it. The Hudson River rises among the Adirondack Moun- tains west of Lake Champlain and flows southeasterly, then southerly to New York Bay. This river is wholly in New York ; but it receives tributaries from Vermont, and is a part of an important line of communication along the western border of Vermont. The Hudson is navigable from the ocean to Troy, which is just west from the southern boundary line of Vermont. CHAPTER IV THE INTERNAL WATERS OF VERMONT. RIVERS, LAKES, AND PONDS. The rivers of Vermont may be treated in four groups : the tributaries of the Connecticut River, of Lake Memphremagog, of Lake Champlain and of the Hud- son River. The tributaries of the Connecticut River rise in the main water-shed of Vermont and flow in a southerly or southeasterly direction. The chief rivers of this class are the Deerfield, West,' Williams, Black, Ouechee, White, Ompompanoosuc, Wells, Passumpsic and Nul- hegan rivers. GEOGRAPHY OF VERMONT. 15 The tributaries of Lake Memphremagog in Vermont are the Clyde from the east, the Barton and Black rivers from the south. The chief tributaries of Lake Champlain from Ver- mont are the Missisquoi, Lamoille, Winooski, Otter Creek and Poultney rivers. The first three of these rise east of the main Green Mountain range and break through it. The Missisquoi is navigable to Swanton, about six miles from Lake Champlain, and the Otter Creek to Vergennes, eight miles. The Vermont tributaries of the Hudson River are the Battenkill and the Hoosac, each of which receives important tributaries after leaving the State. These rivers, and others with their tributaries, severally water beautiful and fertile valleys and fur- nish valuable water power. A few waterfalls are worthy of mention because of their height and beauty. The chief of these are Bel- lows Falls in the Connecticut River; falls in the Black THE FALLS ON THE CONNECTICUT RIVER AT BELLOWS FALLS. (Below the Toll Bridge.) i6 GEOGRAPHY OF VERMONT. River; Molly's Falls in Molly's Brook, a branch of the Winooski River, falls near Lake Champlain in the La- moille River, and Sutherland Falls in the Ottqr Creek at Proctor, and Bolton Falls where the Winooski passes through the Green Mountains. Several river gorges are worthy of mention. The most remarkable are those of the Black River near the middle of its course, of the Quechee River near its mouth, of the Winooski River near its mouth and just east of the Green Mountains at the Middlesex Narrows. Fairlee Lake, a favorite summer resort, is tributary to the Ompompanoosuc River. On Morey Lake, near the Connecticut River, Samuel Morey plied his steamboat in 1793. MIDDLESEX NARROWS, WINOOSKI KIVKK. GEOGRAPHY OF VERMONT. 17 Groton and Wells River Ponds, lying among granitic mountains, are principal feeders of Wells River. Joe's Pond, high on the main water-shed, preserves the name of a famous Indian hunter. Crystal Lake and Lake Willoughby are tributaries of the Barton River and are surrounded by high mountains. Island Pond, Seymour Lake and Salem Pond are tributaries of the Clyde River, and with several other large ponds make it more uniform in its flow than most of the Vermont rivers. Caspian Lake is the source of a branch of the La- moille River. Franklin Pond, remarkable for its curious pond walls, sends its waters through Canada to Lake Champlain. Fairfield Pond is tributary to the Missisquoi River. Lake, Dunmore, celebrated in the tale of the Green Mountain Boys, is the source of Leicester River, which empties into the Otter Creek. Lake Bomoseen, surrounded by slate quarries, is trib- utary to the Castleton River, through which its waters reach the Poultney River. Lake St. Catharine, a lake in two parts connected by a narrow channel, sends its waters through the Pawlet to the Poultney River. There are many other lakes and ponds in Vermont, some of which are nearly as important as those named. They are all remarkable for the purity of their waters and for the beauty of the scenery in their neighborhoods. Many of them are favorite summer resorts. («) ( , /■< )GRAPHY OF VERM ON T. QUESTIONS ON THE TEXT AND MAP. Describe the Green Mountain range. Trace it on the map. Point out the highest mountains in it. Describe and trace the ranges par- allel to the main range. Describe the main water-shed of Vermont. Trace it on the map. Describe the Taconic Mountains. Point out the highest of them. Describe the Red Sandrock Mountains. Point out those named. Describe and point out the Granitic Mountains. Describe the Southwest Valley of Vermont. Trace it. What rivers are found partly within it ? Describe and trace the Central Valley of Vermont. What rivers rise in it? What cross it? What rivers form portions of the boundary of Vermont? In what ■directions do they flow? Into what waters? Name the Vermont tributaries of the Connecticut River. Which of them flows into Massachusetts ? In what direction does it flow while in Vermont? What other of these tributaries flows nearly due south? Which have tributary ponds ? What are the names of the ponds ? Name the Vermont tributaries of Lake Memphremagog. In what direction does each of them flow? What lakes or ponds are tribu- tary to any of them? Name the Vermont tributaries of Lake Champlain. In what direction does each flow ? On which side of the Green Mountains does each rise? Which have tributary lakes ? Name the lakes. On which side of the Taconic Mountains is the Otter Creek .' On which side of them does the Castleton River rise? The Poultney River? The Battenkill ? Name the Vermont tributaries of the Hudson River. In what direction does each flow ? Which enters Vermont from another State? From what State? Into what State do they all flow? Which of them unite before they reach the Hudson River? Name the chief waterfalls of Vermont. Point them out on the map. Draw a map of Vermont showing its boundaries, mountains and rivers. ^f M _ , r^Cf}^ ^~, (ff C A M A D A £ ^MONT STAINS/AND r /V £R S •* \ V* W Scale o, / ^ y A S S A C\ H uVeVTI 20 GEOGRAPHY OF VERMONT. CHAPTER V ROUTES OF TRAVEL. PASSENGER DEPOT, CENTRAL VT. R. R., ST. ALBANS, VT. Through the Champlain-Hudson Valley there is arr important water-way connecting the St. Lawrence River and New York Bay. (See maps on pages 8 and 19.) By means of lake, river and canal the ports on Lake Champlain receive merchandise from New York City, coal from the mines of Pennsylvania, and lum- ber from the Canadian forests. One of the railway routes between Montreal and New York City passes through Vermont. Its course is near Lake Champlain till it reaches the Otter Creek, then it follows the Southwest Valley, passing out of the State just north of Mount Anthony. The passen- ger for New York may leave this route for a more westerly one at Rutland or North Bennington, or for a more easterly one at Essex Junction or Rutland. GEOGRAPHY OF VERMONT. 2r FTom the vicinity of Lake Memphremagog the route £>y rail to New York passes through the valleys of the ^Barton and Passumpsic rivers to that of the Connecti- cut, thence along the Connecticut, mostly on the western side of it, to the southeast corner of Ver- mont, from which point there are several convenient routes. From the northwestern part of the State the passen- ger for Boston, starting on the route to New York will leave it for a more easterly course at Essex Junction or Rutland; while from the southwestern portion of the State the passenger will first go north to Rutland, or will go south on a New York route beyond the bor- der of Vermont before turning eastward. From the neighborhood of Lake Memphremagog the traveler for Boston will start on the New York route and leave it at Wells River, White River Junction or Bel- lows Falls, or pass beyond the southern limit of the State before turning eastward. A railroad from Montreal, Canada, to Portland, Maine, crosses the northeastern part of Vermont. And a railroad connecting Quebec with Portland, Boston and New York, touches a corner of Vermont and skirts its eastern border for a long distance. From Newport, on Lake Memphremagog, one may go by rail to Swanton, oh Lake Champlain, or to St. Albans. From the Connecticut River at Lunenburgh, one may go by rail to Swanton, or to Burlington on Lake Champlain. From Wells River and from White River Junction there are direct routes by rail to Burlington. From Bellows Falls to Whitehall, at the head of Xake Champlain, is a direct railway route. 22 GEOGRAPHY OF VERMONT. Besides these there are railroads from Shelburne Falls in Massachusetts, along the Deerfield River to Readsboro; from Brattleboro by the West River to South Londonderry; from White River Junction to Woodstock in the valley of the Quechee River. In the southwest part of the State is a railroad from Bennington to Woodford and about midway on the west side there is one from Leicester Junction to Ticonderoga in New York. RAILROAD JOURNEYS. T,ake the shortest route by rail unless some other is mentioned. Name the important towns one will pass through in going by- rail : — From Swanton to Bennington ; to Brattleboro through Rutland^ through Xorthfield ; to St. .lohnsbury : to Newport. From Newport to St. Albans, to Brattleboro. From Woodstock to Rutland tbrough Burlington, through Bellows Falls. From South Londonderry to Fair Haven. From Montpelier to Highgate Springs, to Newport, to Brattleboro,. to Bennington. From the station nearest your home to Swanton, to Bennington, to> Ludlow, to Brattleboro, to each of twelve other places chosen by yourself. Draw a railroad map of Vermont. Name the railroad junctions in Vermont. Compare this map with the map of mountaius and rivers: — Name the lakes or ponds and rivers near which one will pass in taking each of the journeys named above. 24 GEOGRAPHY OF VERMONT. CHAPTER VI. CLIMATE. Vermont is near the middle of the North Temperate Zone, and is in the region of westerly winds. The temperature, amount of moisture and the winds are favorable to the health of the people and to the pro- ductiveness of the soil. The mean annual temperature for the different parts of the State varies from forty degrees to forty-seven degrees of Fahrenheit's ther- mometer; the highest temperature varies from ninety to one rmndred degrees; and the lowest from thirty degrees to forty degrees below zero. The average annual rainfall is from thirty to forty-five inches. In the valleys the direction and force of the winds are greatly modified by the adjacent mountains and hills. Rain and snow storms come mostly from the west. But the rainfall and snowfall are usually preceded by, and in the beginning accompanied by, south winds. Northeasterly and southeasterly storms sometimes occur, but they are not frequent. West, northwest and north winds indicate fair weather. Snow usually comes in November and remains till April. There is less snow near Lake Champlain and in the Otter Creek valley than in other parts of the State. The spring opens earlier in these valleys and in the Connecticut valley toward the south than it does in other portions of Vermont. GEOGRAPHY OF VERMONT. 23 CHAPTER VII. SOIL AND PRODUCTIONS. The soil of Vermont is generally fertile. The val- leys and the lower and less rocky hills are suitable for cultivation. The higher hills and the mountains furnish pasturage and lumber. From 1870 to 1880 the number of farms in Vermont increased five per cent., and the acreage of land in farms increased nearly eight per cent. In the propor- tion of land in farms to the total land surface, Vermont is the sixth State. The chief product is the grass of the pastures and hay-fields. Other products are corn, wheat, oats, barley, buckwheat; rye, beans, peas; potatoes, garden vegetables; apples and maple sugar. Vermont pro- duces more maple sugar than any other State, and nearly one-third of all that is produced in the United ■States. The following table from the U. S. census of 1880 is valuable and will be convenient for reference. THE AVERAGE PRODUCTION PER ACRE FOR THE UNITED STATES. VERMONT. Of Barley 22.02 bushels. 25.36 bushels. Buckwheat -18.93 " 20.21 " Corn _ . . . 28.13 " 36.46 Rye - - 10. 76 1 < "•35 Wheat- _ 12.97 « 16.25 Potatoes . . . 96.60 " 115.26 Hay. . . i-i57 tons. 1.036 tons. 26 GEOGRAPHY OF VERMONT. Other farm products arc cattle, horses, sheep, hogs and poultry. Cattle are raised chiefly for their dairy products of butter and cheese and for beef and hides ; horses, for domestic use and for export ; sheep, for wool and for export. In 1880, Vermont produced more butter and cheese in proportion to her population than any other State, and was the tenth State in the aggregate amount of these products. The poultry consists of turkeys raised for their flesh, and of hens raised for their eggs and flesh, together with a few geese and ducks raised for their flesh and feathers. The most useful kinds of timber are ash, basswood, beech, birch, butternut, cedar, cherry, chestnut, elm,, fir, hemlock, ironwood, maple, oak, pine, poplar, spruce, tamarack. Large wild animals are not numerous in Vermont, but some are found. Bounties are offered by the State for the destruction of bears, foxes, lynxes, panthers and wolves. Of these, bears are found in the most mountainous portions of the State; foxes are widely distributed; the others are rarely found. Laws exist for the protection of the beaver, deer, mink, otter; none of these are plenty. Other wild animals arc the bat, hedgehog, mole, mouse, muskrat, rabbit, raccoon, rat. skunk, squirrel, weasel, wood- chuck. Birds abound in Vermont. The following are pro- tected by law, — the partridge, wild duck, wild goose, woodcock, also the bluebird, bobolink, catbird, cherry or cedar bird, chickadee, creeper, ground bird, hum- ming bird, kingbird, lark, linnet, martin, night hawk. GEOGRAPHY OF VERMONT. peewee, phcebe, plover, sparrow, swallow, thrush„ warbler, whippoorwill, wren, woodpecker, yellow bird. Other birds are the crow, eagle, English sparrow,, hawk, owl. Many of the lakes, ponds and streams of Vermont are well supplied with fish. Successful efforts are- making to re-stock waters that have become destitute of fish. Fish are protected by laws regulating the time and manner of fishing. These are some of the common kinds of fish, — bass, dace, eels, minnows,, perch, pickerel, pike, pout, salmon trout or longe., shiners, suckers, trout. CHAPTER VIII. ROCKS AND QUARRIES, METALS AND MINES. Throughout the greater part of Vermont the pre- vailing rocks contain a large proportion of lime, and' on exposure to the weather they are gradually changed into soil. The granite rocks and the rocks of the Green Mountains in the southern half of their length have less lime, are harder and change much more slowly. The rapidly changing rocks help to keep up the fertility of the soil. Some rocks are very useful for building, statuary and other purposes. Slate suitable for roofing, floor- ing, flagging and many other uses is found in three different parts of Vermont. One of these is west of the Taconic Mountains, beginning nearly at the north end of that range and extending south as far as Equi- nox mountain. In this section slate is quarried iut ■28 GEOGRAPHY OF VERMONT. many places ; near Lake Bomoseen and in the valleys of the Castleton, Poultney and Pawlet rivers, particu- larly in Castleton, Fair Haven, Poultney and Wells. Another section extends from Lake Memphremagog SDuthward along the valley of the Black River, crosses the Lamoille and the upper Winooski valleys, extends along the east side of the Dog River and ends just south of the White River. In this section slate is quarried for roofing in the valley of the Dog River at Northfield. The third section begins east of the Passumpsic and north of the Moose River and extends south along the Connecticut River, mostly on the west side and never far from it to the south line of the State. Quarries have been opened at various points in this section, but none are extensively worked now. Marble in many varieties and of excellent quality is found in the Southwest and Champlain valleys from Equinox Mountain to Canada line. Extensive quarries are worked in Eolus Mountain and both south and north of it, beside the Castleton River, particu- larly at West Rutland, and in the Otter Creek Valley in Rutland, Proctor, Pittsford, Brandon, and other towns. A kind of variegated marble is produced at Swanton on the Missisquoi River and black marble is quarried on Isle La Motte. Serpentine, called verde antique marble, is quarried at Roxbury. GEOGRAPHY OF VERMONT. SECTION OF VERMONT MARBLE COMPANY S QUARRY, WEST RUTLAND. 3<> GEOGRAPHY OF VERMONT. IDBURY (".KANIIK Cl Jl ^RRY, WOODBURY, VT. Granite is quarried on Black, Ascutney, Blue and Kirby mountains; in Barre, Berlin and Williamstown, near a branch of the Winooski River; on Granite Ridge in Hardwick and Woodbury, near the Lamoille River; and in Brunswick on the Nulhegan River. Limestone suitable for .the manufacture -of lime is found in many parts of the State. The manufacture of lime is now carried on chiefly at Leicester Junction on the Otter Creek, at Amsden in Weathersfield and in Swanton. Soapstone useful in building, for stoves and for lining furnaces and the like, is found in many places in the State and has been worked for a long time in the valley of Saxton's River at Cambridgeport in Grafton, and near the Black River at Perkins vi lie. Scythe stones are manufactured at Evansvillc in Brownington. Kaolin for use in the manufacture of paper is worked, at Bennington, Brandon and Monkton, and for stone- ware in Bennington. Clay suitable for brickmaking is found in all parts of the State. And bricks are made in many places. Lignite, a kind of coal, is found in Brandon. GEOGRAPHY OF VERMONT. 3i 32 GEOGRAPHY OF VERMONT. METALS AND MIX INC. Iron of excellent quality is found in many parts of the State; particularly at the base of the Green Moun- tains in the vSouthwest Valley in Bennington, Wal- lingford, Brandon, Chittenden and, still further north, in Monkton ; east of the Green Mountains by the Black River in Plymouth and near the Missisquoi River in Troy. The only mine now worked is in Wallingford. Since 1809 copperas has been manufactured in large quantity just south of the Ompompanoosuc River in Strafford. Manganese is found in many places in the State, often in connection with iron. It is mined in Chit- tenden near Pittsford. Ochre for paints is manufactured in Bennington and Brandon. Copper is found in many places in Vermont and has been mined in great quantities in Corinth and Vershire between the Waits and the Ompompanoosuc rivers. Lead has been found in a few places in the State, but not in sufficient quantity to pay for working. Gold is widely distributed in the State and has been worked along the middle portion of the White River and on branches of the Quechee River in Bridgewater and Plymouth. But gold mining has never been found profitable in Vermont. ENOb&URGH)'R\UiFO oJohn&on A ■ N A O '■JJHcd tyoiP* rk MORRiSViLlC /o Of\nnt Xa C3 MAP OF. VERMONT POCKS AND QUARRIES. EXPLANATIONS. Rock areas are surrounded by doited lines. The name or abbreviation of the name of the rock is written within the area. Only the most impor- ■'A/oaoR tant areas [are indicated] oa the map. ABBREVIATIONS. for copper and copperas. " granite. " iron. " kaolin. " lime. '* marble. " steatite and scajKton*. V A " Terde-antique, or sern*o. tine. ScAlf Of Mil- t* S £ T T S~ 34 GEOGRAPHY OF VERMONT. CHAPTER IX. DIVISIONS OF THE STATE. Vermont contains two hundred forty-three towns* three unorganized towns and six gores. Two of the towns, Burlington and Vergennes, are cities. A town is a body of people living on a definitely bounded territory and organized under the laws of the State for self-government. An unorganized town is a portion of territory granted with the condition that the inhabitants may organize as a town when they have become sufficiently numerous. A gore is a portion of territory granted without the condition that the inhabitants may organize as a town. A city is a town to which some special privileges with respect to government have been granted by the State. At first the towns were laid out to average six miles square as nearly as was practicable. But there were inequalities at the beginning, and many changes have been made so that the towns are now very .unequal in area, and some are quite irregular in shape. There are fourteen counties in Vermont. A county is a group of towns united for the convenient admin- istration of justice. The town in which the county courts are held, and where the county buildings are, is called a shire town. Bennington County has two shire towns called half shires. Each of the other GEOGRAPHY OF VERMONT. js counties has one shire town. The county buildings are a court house and a jail. The capital of a State is the town in which the Legislature meet and make laws. There are twenty probate districts in the State. Each of the six southern counties contains two probate districts; each of the other counties constitutes one probate district. A probate district is a group of towns united for the holding of probate courts. There are two congressional districts in Vermont. These are divisions of the State for the election of Representatives in Congress. CHAPTER X. CHIEF TOWNS. North Hero is the shire town of Grand Isle County. Highgate has abundant water power at Highgate Falls. Highgate Springs is a popular summer resort. Swanton, on the Missisquoi River which furnishes water power, is at the junction of several railroads, and has marble quarries and manufactories of marble. There are extensive lime kilns in the south part of the town. Swanton is a port of entry. St. Albans is the shire town of Franklin County. It contains the offices and the shops of the Central Vermont Railroad. For the distribution of flour it is one of the most important points in New England, and it is one of the largest butter markets in the State. St. Albans has a variety of manufactures and a Custom House. Richford and Enosburg Falls are thriving places on the Missisquoi River. TOWNS OF VERMONT. Windham County, *. Vernon. 2. Gui'ford. 3. Halifax. 4 Whitingham. 5. Wilmington. 6. Marlboro. 7. Brattleboro. 8. Dummerston. 9. Newfane. 10. Dover. 11. Somerset. 12. Stratton. 13. Wardsboro. 14. Brookiine. 15. Putney. 16. Westminster. 17. Athens. 18. Townshend. 19. Jamaica. 20. Londonderry. at. Windham. 22. Grafton. 23. Rockingham. Windsor County. 1. Springfield. 2. Chester. 3. Andover. 4. Weston. 5. Ludlow. 6. Cavendish. 7. Baltimore. 8. Weatherstield. 9. Windsor. 10. West Windsor. 11. Reading. 12. Plymouth. Bridgewater. Woodstock. Hartland. Hartfoid. Pomfret. Barnard. Stockbridge. 20 Rochester. 31. Bethel. 22. Royalton. 23. Sharon. 2.1. Norwich. Orange County. I. Thetford. 2 Strafford. 3- Tunbridge. 4- Randolph. 5- Braintree. 6 Brooktield. 7- Chelsea. B. Vershire. 9- West Fairlee. 10 Fairlee. I [ . Bradford. 12. Corinth. 13- Washington. 14. Williamstown. •s Orange. 16. Topsham. 17 Newbury. Caledonia County. 1 . Ryegate. Groton. 3- Peach am. 4. Barnet. 5. Waterford. 6. St. Johnsbury. 7. Danville. 8. Walden. 9. Hardwick. 10. Stannard. 11. Wheeiock. 12. Lyndon. 13. Kirby. 14. Burke. 15. Sutton. 16. Sheffield. 17. Newark. Essex County- 1. Concord. 2. Victory. 3. Lunenburg. 4. Guildhall. 5. Granby. 6. East Haven. 7. Brighton. 8. Ferdinand. 9. Maidstone. 10. Brunswick. 11. Bloomfield. 12. Lewis. 13. Averill. 14 Lemington. 15. Canaan, 16. Norton. A. Avery's Gore. B. Warren's Gore. C. Warner's Grant, Orleans County. 1 Greensboro. 2. Craftsbury. 3. Lowell. 4. Albany. 5 Glover. 6. Barton. 7. Irasburgh. 8. Coventry. 9. Brownington. 10. Westmore. 11. Charlestown. 12. Morgan. 13 Holland. 14. Derby. 15. Newport. Troy. 17. Westfield. 18. Jay. Franklin County. 1. Highgate. 2. Franklin. 3. Berkshire. 4. Rich ford. 5. Montgomery. 6. Enosburgh. 7. .'heldon. 8. Swanton. 9. St. Albans. 0. Fairfield. 1. Bakerstield. 2. Fletcher. 3. Fairfax. 4. Georgia. \ . Avery's Gore. Grand Isle County. 1. Alburgh. . 2. Isle La Motte. 16 North Hero. Grand Isle. South Hero. Danby. Mt. Tabor. '4 Chittenden County 1. Milton. 2. Westtord. 3 3. Underhill. 4 4. Jericho. 5 5. Essex. 6 6. Colchester. 7 7. Burlington. 8 8. South Burlington 9 ». Williston. 10 0. Shelburne. 11 1. St. George. 12 2. Richmond. 13 3. Bolton. 14 Huntington. is Hinesburgh. 16 . Charlotte. A Buel and Aver Gore. Addison County. 1 Ferrisburgh. 2 . Monkton. 3 . Starksboro. 4 Ver^ennes. 5 Panton. 6 Waltham. 7 Addison. 8 New Haven. 9 Bristol. 10 Lincoln. 1 1 Granville. 12 Ripton. 13 Middlebury. M Weybridge. 15 Bridport. 16 Shoreham. 17 Cornwall. 18 Salisbury. '9 Hancock. Goshen. 21 . Leicester. 22 . Whiting. 23 Orwell. Rutland County. I. Sudbury. 2. Brandon. 3- Benson 4- Hubbardton. 5- Pittsford. 6. Chittenden. 7- Pittstield. 8. Sherburne. 9- Mendon. 10. Rutland. 11. Proctor. 12. West Rutland. '3- <'astleton. 14. Fair Haven. 'S. West Haven. 16. Poultney. 17. Ira. 18. Clarendon. >9- Shrewsbury. 20. Mt. Holly. 21 . Wallingford. -■->. Tinmouth. 23. Middletown. 24. Wells. 2 5- Pawlet. Bennington County. . Rupert. . Dorset. Peru. . Landgrove. . Winhall. . Manchester. . Sandgate. Arlington. Sunderland. Glastenbury. 11. Shaftsbury. 12. Bennington. 13. Woodford. 14. Searsburg. 15. Readsboro. 16. Stamfoid. Pownal. '7 1. Roxbury. 2. Warren. 3. Fayston. 4. Waitsfield. 5. Northfield. 6. Barre. 7. Berlin. 8. Moretown. 9. Duxbury. 10. Waterbury. 11. Middlesex. 12. Montpelier. 13. East Montpelier. 14. Piainfield. 15. Marshfield. 16. Calais. 17. Worcester. 18. Woodbury. 19. Cabot. A. Goshen Gore. B. Harris Gore. Lamoille County. 1. Stowe. 2. Elmore. 3. Morristown. 4. Cambridge. 5. Watervil'.e. 6. Johnson. 7. Hyde Park. 8. Wolcotl 9. Eden. 10. Belvidere. Probate Districts. A. Marlboro. B. Westminster. C. Windsor. D. Hartford. E. Bradford. F. Randolph. G. New Haven. H. Addison. I. Fair Haven, J. Rutland. K. Manchester. L. Bennington. Each of the other ProbateDistricts is an entire county and is known by the name of the county. s* -4 S 5 A C "U§£ T T 5 jS GEOGRAPHY OF VERMONT. Essex Junction is an important railroad center and has manufactories of bricks and of paper. Winooski is a busy manufacturing village on the lower falls of the Winooski River. Burlington, the shire town of Chittenden County, is the chief port on Lake Champlain. It is one of the chief lumber marts of the country, and it has a large trade, both wholesale and retail, and is an important manufacturing town. It contains the University of Vermont, St. Joseph's College and the Vermont Epis- copal Institute; the Mary Fletcher Hospital and a Home for Destitute Children, and other educational and charitable institutions ; a Custom House and an U. S. Court House. Burlington was incorporated as a city in 1864. In population it is the largest town in Vermont. Richmond is a butter market. Vergennes, a city incorporated in 1788, is situated eight miles from Lake Champlain at the lower falls of the Otter Creek, which is navigable to this place. It has abundant water power which is partly used in man- ufacturing. The State Reform School is located here. Bristol, on the New Haven River, is a manufactur- ing town. Middlebury is the shire town of Addison County and the seat of Middlebury College. It has valuable marble quarries, a good water power and some manu- factures, and is the chief sheep market in Vermont. At Leicester Junction are manufactories of paint and of lime. Brandon is a thriving town with marble epiarries and beds of ochre and kaolin that are worked with profit. It has a famous frozen well in which ice may be found throughout the year. GEOGRAPHY OF VERMONT. 39 Pittsford has marble quarries and iron. Benson, by Lake Champlain, has black slate. Proctor has the largest marble quarry in the world and several smaller quarries. Here is a waterfall of 122 feet, one of the highest in the State, which fur- nishes power for the manufacture of marble. Rutland, the shire town of Rutland County, is an important railroad center and manufacturing town. It is the center of the trade in marble, and is some- times called the marble city. The Howe Scale Works is the most important single industry after that of marble. Here also are manufactories of quarrying and mining tools with others, various and important. An United States Court House is located here, and here is the Vermont House of Correction. RUTLAND, VT. Wallingford has a productive iron mine. West Rutland, on the Castleton River, is famous for its marble. Fair Haven, likewise on the Castleton River, which here furnishes abundant water power, is the leading slate producing town in the State. 4Q GEOGRAPHY OF VERM OX T. Castleton, on the v samc river, has slate quarries and manufactories of slate. It is the seat of a State Normal School and is an attractive summer resort. Poultney, on the Poultney River, produces roofing .her slate, and is the seat of the Troy Confc. Academy. GEOGRAPHY OF VERMONT. 4i 42 GEOGRAPHY OF VERMONT. Bennington, a half shire town of .Bennington County r is a summer resort and a manufacturing town; it has beds of kaolin from which pottery is made and of ochre from which paints and paper filling are manu- factured. Bennington is the oldest town on the west side of the State and contains a monument in memory of the battle which was fought near by in 1777. In this town is the Vermont Soldiers' Home. Manchester, also a half shire town of Bennington County and seat of Burr and Burton Seminary, is a fashionable summer resort. Pownal is in the southwest corner of the State, on the Hoosac River. It has two manufacturing villages. Shaftsbury has a manufactory of carpenters' squares. East Dorset has marble quarries and marble mills. At Dorset important conventions were held in 1776. Readsboro, on the Deerfield River, is the terminus of a railroad, and has pulp mills and manufactories of lumber. ESTKV ORGAN CO. S WORKS, BRATTLEBORO, VT. GEOGRAPHY OF VERMONT. 43 Brattleboro, by the Connecticut River in the south- eastern part of the State, and at the junction of several lailroads, is distinguished for the manufacture of Estey Organs. It also contains an asylum for the insane. Fort Dummer, important in the early history of Vermont, was beside the Connecticut River near the- present village of Brattleboro. In Vernon, in the southeast corner of the State, was. the first settlement in Vermont. At South Vernon is. a railroad junction. Westminster, beside the Connecticut River just below Bellows Falls, was once the shire town of Cum- berland County. It was here that Vermont was declared to be an independent State. Newfane on West River is the shire town of Wind- ham County and South Londonderry on the same river is the terminus of a railroad from Brattleboro. Bellows Falls is an important railroad center and has an immense water power. It is extensively engaged in the manufacture of paper and of farm machinery. Saxton's River, a village on the Saxton's River,, about four miles from Bellows Falls and in the same town, Rockingham, is the seat of the Vermont Academy. Springfield is a manufacturing town on the Black River, and extending to the Connecticut River. Windsor contains the Vermont State Prison, an United States Court House, and has some manufac- turing. It was here that the first constitution of Vermont was framed in July, 1777, and that the first legislature elected under that constitution met and organized in March, 1778. 44 GEOGRAPHY OF VERMONT. Hartford lies on the Quechee, White and Connec- ticut Rivers and contains four thriving villages, of which the most widely known is White River Junc- tion, an important railroad center; and Olcott by Olcott Falls in the Connecticut is the newest. Hart- ford is distinguished for the great variety of its indus- tries. Bethel on the White River is the railroad station for several towns, and has a well endowed public school. Woodstock, the shire town of Windsor County and the largest town in the Quechee valley, is connected by railroad with White River Junction. Chester on the Williams River and Ludlow on the Black River are important towns. At Ludlow is Black River Academy. Bradford is a pleasant town with some manufac- tures, on the Waits River beside the Connecticut. Newbury is distinguished for its early settlement, its fine meadows and its mineral spring, near which is a summer hotel. Wells River in the northeast corner ■of the town is a busy village at the junction of several railroads. Chelsea is the shire town of Orange County. Randolph on branches of the White River is the most populous and the wealthiest town in Orange ■County. West Randolph, the principal village, is a pleasant and thriving place. At Randolph Center is a State Normal School, and a fine hotel for summer boarders. Hard wick, on the Lamoille River, has extensive granite quarries and a growing business in working granite. GEOGRAPHY OF VERMONT. 45 St. Johnsbury, the shire town of Caledonia County, is widely known for the manufacture of Fairbanks. Scales, which are standard throughout the United States and are sent to all parts of the world. St. Johnsbury Academy is one of the foremost schools in the State. This also is a railroad center. '.Ba; _>S!S =^F~ \- llnTliliiini THE E. & T. FAIRBANKS & CO. S SCALE MANUFACTORY, ST. JOHNSBURY, VT. Ryegate has excellent granite in Blue Mountain, which is extensively worked at South Ryegate on the Wells River. At Lyndonville are the offices and shops of the Con- necticut and Passumpsic Rivers Railroad. The Lyndon Literary Institute is at Lyndon Center. Island Pond on the Grand Trunk Railroad is the half-way place between Portland and Montreal. It has the repair shops of the railroad and a Custom House. Guildhall on the Connecticut River is the shire town of Essex County. In Concord, a thriving town on the Connecticut and Moose rivers, was the first Normal School in the United States, incorporated in 1823. 46 GEOGRAPHY OF VERMONT. Barton is a thriving town on the Barton River ; Barton landing is a busy village in the same town. Newport on Lake Memphremagog is the shire town of Orleans County. It has excellent railroad facilities .and is a favorite summer resort. North Troy is a busy place on the Missisquoi River. Johnson on the Lamoille River has a State Normal School. Hyde Park is the shire town of Lamoille County and Morrisville is the largest village on the Lamoille River. Waterbury has the Vermont Asylum for the insane. STATE HOl'SE, MONTI'ELIER, VT. I Montpelier is the capital of the State and the shire town of Washington County. It has an United States Court House and a State Arsenal, and does a large amount of insurance business. It has manufactories of machinery and of granite. Its railroad facilities are good. The Vermont Conference Seminary is located here. GECGRAFHY CF VFFACJVT. 47 Barre, six miles from Montpelier on a branch of the "Winooski River, has the largest granite business in the State and is a rapidly growing town. It has two railroads and is the seat of Goddard Seminary. Northfield on the Dog River has slate quarries from which roofing slate is manufactured. The Norwich University, a Military School, is located here. Of the summer resorts not already mentioned, the following may be named: — Middletown Springs, Clar- endon Springs, the Iodine Spring in South Hero, Alburgh Springs, Sheldon Springs, Brunswick Springs ; Lake St. Catharine in Poultney, Lake Bomoseen in Castleton, Lake Dunmore, the shores and islands of Lake Champlain — the larger of these islands are con- nected with the mainland and with each other by bridges and furnish as fine drives as can be found in the United States — Lake Willoughby, Peru, Bread Loaf in Ripton, Hyde Manor in Sudbury, Dixons' in Underhill, Stowe. And in addition it may be said that almost every town in the State is visited by the pleasure seeking tourist. 4 8 GEOGRAPHY OF VERMONT. CHAPTER XI. EDUCATIONAL. Public schools are found thro'- out the State. There are grad- ed schools in many villages. In the larger vil- lages the graded school is com- pleted by a high school or acad- . ... emy. A few academies have not yet been mentioned. The most important of these are in New Haven, Essex, Fairfax, Craftsbury, Peacham, Thetford, South Wood- stock, Townshend, West Brattleboro. Bishop Hop- kins' Hall in Burlington and St. Agnes Hall in Bellows Falls are schools for young ladies. Several academies have become associated with the public school system and are known indifferently as academies or as high schools. The three colleges, The University of Vermont and State Agricultural College at Burlington, Middlebury College at Middlebury and Norwich University at Northfield, have been mentioned already. GEOGRAPHY OF VERMONT. 4? Public libraries have been established in many towns. Those of Brattleboro, Bellows Falls, Caven- dish, Windsor, Woodstock, Strafford, Thetford, Brad- ford, St. Johnsbury, St. Albans, Burlington, Pittsford, Rutland, Bennington and Montpelier are some of the largest and best. Four daily and more than fifty weekly newspapers are published in the State, together with several monthlies. Vermont has about five hundred postoffices, and all important places are provided with telegraph and tele- phone offices. The churches, with their Sunday schools, are another important educa- tional agency. About one-third of the people of the State attend church on the Sabbath. (4) jo GEOGRAPHY OF VERMONT. S o as 02 02 W U a o < Eh <1 02 O Eh I* m o S es w > o o Eh 1 «OtOtO«llSMWt'XIOloasOS'-lOlStOC" Zl OHMffll-Wt-^OnOOMHWCOC^IKi: l-H i-H l-H HfflMHH l-H 1-1 1-1 55 oxiot»X'#oxt-ociMejHHO«wt-»M^';) ^ O ffl IO t^ 00 O « ■* W I- t' « r- f rn i> C X » X ffl O if ii O C) ?? 55 i> OS £» -^ t' O » in rf M O C X r? t)< « « O O " i-H t-h rH i-h HfflrtiHH rHHrl 0> CO LO 1— tO IT co co © — r ~r o> o n o ji n a l-H CO CJ co o l- os o> o co co © --I o as C!--rtNX 1-1 IO ?! © © © t- o x -T 1 30 ~ if !! 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O} 00 Ci CO h fii'-t'^O'^oMoai r^ i-H 1-1 i-l i-H i-l <-"> lOMHMMffllOOMffl X CO-H5C*Wi-rHt»QOC» ^ HO^TfCOOMlO'*'* 1— I 1— 1 1— ( 1— I H (J H oocoi-it-ioooot-eoeo OOlOOJOt>t-«iO£-« l^. 1— I 1— I JO OJ OS JO CO GO COCO £- l> OS i> oo o JO CQ CO i-HCO fr- i-i co o Tfl O JO i>o^t"-"*ooco^ HOS CQ JO CO OS JO jo OS CM W r-i CO « •coosJOOLo->#coi-ii> ICOO^^-JO-^-rtJO 1 ^ • t> i-l Ci th CO -*^H 00 CO CO 00 O JO OS CO t- J> JO £- ""tfCO i-i CO OCJ^ 1 ° £ t3 *h".2 ^ ja S 5 «J O " » .2? o .2 £ ^ £ o o *" ^ h-5 *" ' rS £> 3 <» ^ rt a a 5 3 -£ c OJ O a r s -«j i— - — Zi 03 O =3oSs^^ SSSSwSas^ o i« n .3 o ci c3 p mpqp3 54 GEOGRAPHY OF VERMONT. to « «o — eo -^ oo w o c '- « ^ w i-l 1-1 O* ©} i-H i-H i-H i-H i-H HH OOTt<^'*rJi-IOOWH05^!St'rHO« i-iO* i-i i-h OJ i-h t-i i-h i-h (MrH o ©offli-tssosoeoooiooeoMO K «j«iHTfMf}C5-rtO'00t--H»0C0©?-rtl©in »HOt"H w »l"«»OOlO>#HlOO H(SO«Ocot-rtOMOOO(OOM £ t-t-000«(00«IO^C)0 1> S£ owit'iiKoot-ai'oitiMr- *} £- O C 1.^ Ol W 1C 00 O O C « 00 93 1-1 l-H l-H CJ WHrtiHHrtH 1-1 -*oin 52 oaicc5ooie;ot"OwfflH( H l-H l-H «i-IOirt«rHHHH —I , 0*l>COOpt- C o>0«>0035 , '* l !-it-00000 \*2oD'-;©S£o}oeo©ocot--cooD'*© 1-1 rH ,_,©} ,_,*_, l-H 1-1 O Eh pq Ei c H > En 5 g <: p p Ch w W Eh 2 050-rh05-rtGO£^;0©Tfi-'-H©t-0*©* ri 0>0iOOOMlB<0 ^THl-1 OJ ©} ,_, ©j ,_, >rH tH T-H 1-1 3, uuro<=>inoco»oco-H/i~ ! -'-*i , i-H£~ ~ 0JflSOmOt»0!«MC!WC000'* tHi-H 5)n«HNHHrliH -H «aoo»JOJL':Xrt>rHO'- lOOCOCSCOTtirfOOO 2 oomwiocssicto^oo-^Ht 5 22«oo»;SS«csW'*COWiH^rtWo«00«H "^k 2f SS O ■* m in rrm i 51 <— ) m to •** an H > -7; OTr-roroiHh.rticorooow'-i §J oouenocow-.^oatoifco ~ -*0!HOhii5aoo«HH'« " HrtrtH fj H rl H N rl i- ri 2 t»!CCOM«OI010IOi*iCii-iOKIM IS «N00{0001OO00rt'O l '-'*00IO ~ 95QOOJei3©0>OOl»00®WOOSCO " l-H l-H ,-H Cv» T— I 1— t HrlH 1-1 § 1> © CO •** 00 ■— 'ClOOrJi'^i— 'OHO on OSrtOOo^'^ft-'rtiJinOOM ~ 00i#C0c0C000«O"H/innC0©10C000 F. est- co j--. • © it to to oo ■w t> * ^ ^oiiooioo :a)»ooS^T)i l "*i-t ej^3 -a o « d »-r o o OS •- .£ .E hh 2 ^ w •** ^ n n 03 •— .^ o t; "Sd'3 ,E HH i-h CO 00 o OoiHiOt-onofflt-^OOiHCCWO}© W CI W O « Ln in C» O o « « >iOj > co0500©©-*/io.?©-OlO N WtoOiOfflrtH/ if.«OCO0OtoO}!>tO0OC7 W0OH o-H^coiOt-tot-oo«oo}C5 • • co ©j op l-H IjH ©} l-H JO c- CO lO l-H ©} • • rH 0* oj on io : t- os •** co o . 10 • i-h ©J © • CI OS CO 00 • i-H • i-h : o> i-h « • : £? o a <» O O > T- c =g to, ««»fflOiOOO^ CO •«»< rtWOOHffiWOTlitOOCIKI^ffllOOt- rHMWHHrtO! 1-H 1-H 1-H ©i 'CNJ 1"H 1-1 co oo -* (SiHH ; CM i-i 4t»^OOrtOOH-i|>xoOCO«CO i-H CO CO rlHM i-l i-l «« .i#CN?10i-HOSCOCOCO icoo^oaocioo-H ■ ooTfi-i»iCO->*J> ' OS i-i CM cm -#os 00 «> I> 00 -# ©5COi>OS00COCMC0CMCM00©SCOCS00 » 10t-iO«DMi-t»OmMrtNlSWQ95t- JCO CO MOCOOOJ-^COO^tOOlOCOIO^QOC} 1-H CO CM 1-H 1-H 1-H i-H i-l 1-H CM it-l«0t00t»«0 ■lOlOr- I CO CO £> CO iO OS iffl 00 CO -* H oo no co O OCO— i>!0000 ' CO i—i tH lO t-co . itOO oo io co 'CO ... jo co ■co co-^es-^oscscocsoi-ot-cocoaoiot-© o a. o i* ■* (- co h co -* lo o ti i* h « co ■^rtt-toincoeooTtdoofOOJixoooo 1— iNr- 1 1— It— I i— I i— I 1-H i— I i— I 55 ® CO O W W W LO C) C) O 00 o w m IC o ft^CO-COOMSifWHHHOOOO -*05£~?©10COC©00' , *''* I 05COCMOS»OOOS 1-H 1-H 1— 11— It— I t-H i-H CM 1— I -H'0-(CO«i>T)«10MOlO X»'*MiHO'<^"OSt>Mia(M'OlOiHlO ■*'*iOiot"»M]O^HOHC!-< Treses T-H 1— • 1-H 1-Hi-H -H 1-H CM 1— 11— I -JlOOOi>OlO^c»rH!>(MC»C000O10 »t»W^OCO^OlH-HO«CCOCOCOO IOCOTtCOi>lOi-HCMOSCMCMCOOSOS 1-Hi-Hi-Hl-Hi-H ,H CM 1-H 1-H ostoasi— cst-T-i^eoosooocooo^co'* Wi>C0wQ000rH-^oci3ttH0K5C0?0'H03 'H0 0» [ " ! ' , ) , !0'^ O tO rH OS H T(l tO 1-H 1-H 1-H 1-H tH i-H i— 1-H 1-H cocoxtOHCog^ • o os — lacoo^t- i>-qi> .COCOCSCQOSOO^J 'ICiOOOt-i-^-^OOCQ ■ OSTfOSCSOSOjS:* 'tOB^OtSt-'JDX 'COi-ci-HOOOiOOSO • CSCOO^i-hcoOCS 't-rHOioocoSt: 'COHOi>ocoOto 'CM i— i i— i i— ' noooHco«500 CM OS ** CM t- i— *> CO i-l t- *C OS OS OS if V\ CM OS-* tH i-i o -^i p o O cm-*-* 1-H COO t, CtOM CM I- 1 1-H S us oo* ft IOOCO H O^O |lj rtHrl m < fe OS«>CO ^ tOtOJD tooco OS "* OS i-H 00-* as «o co 00 J> O OS SP 5° *° "* C "O * 50 s — £ T3 — *> CD .a 'OO >-HH 08 )K f_, tew e5 to .S ss cj ."3 PhPh i — i o , — , ^ CD — £-< — i , — . i,Sc"2"'-''OceSC0u/>*' .tS o (h s^j d — >>►>;> CL,CiHP.pc5a2aiZ!H!>!>!>i> ».s eS CD 08 SPqo 5$ GEOGRAPHY OF VERMONT. 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"t O 71 H CO » O C4 C5 I* t CO — t- C5 -i X ® 05 T CO O lO M CO C) X ■* 00 » "* t^ CO N Ol r^nriHOJWOii-CirHHt-lT-liHl-IOJ-lOl r- co c co ^ o o5 ic co x e h }} mi -j o OOO-OlioOi-IOTT 7- •■COO^''-"COO®Oa Oit^DiO OOCo- - OWBM i6t)!O"0'-iC5'-OO— CO ■<£ i> OS CO CO HWSlfflnHrtnHHriHM O* S^lSrJosiccocooi OW^ClioolTfioX ■rtW^IOrHClOJril- ot-Xr-ioinoHOX^oiTiicoiOHCococoioo lCO1-r0!C»t-XII0t--C0C0O-'l0Ol0O'- | N C4«OOHO!90XOOXXXTtlOCSC^MilO^«® H H i-i h « h B i-H ,-, — i h i-i c\j 03 uj coj>gcoco-^o^§} «'*®CO^^X'ii00ffl'-fflO'*--X««'*t- O) t' CO - X O) t» « ® rt X O O Of O) O O C" CO ■* H SOrHO!cR£-OSX-#CST)liI'-^^ r HlCiarHO'*C4 TH *— ' *T £— SO -rH 5J> .IO«ooCOrt-JXC3fflOOfflOt-IO .('5;t-C»osXX«0£-iCO-.Tjirt ■Nfflrfiej^iOiJsfOiH^iHot-cq -ioxcst-o® .uj^»,-;t»ieo-iiH^e5)0^ i taji®iH H rtM>eii>iooH H t3 a age! 5 "» egg O cc ri C 2 -§ "Soil's 6>DS c .2 Cj 83 rS ~ .- : GQGC c-p II 2 » be b te ^ » o d 5 TC £ ? 05 W T3 S£«G dfe: S o is k ^ a • o « ^ > > > £ a s ei it 4r s * « 3 :^c i c oj aSb.;>>i.b. 5$ GEOGRAPHY OF VERMONT. xn o H fe H ft & a Q o O 3 >- >* E-i 00 "a O O oo S n 03 o W t> H fx- g o o «t-l o CO 1— 1 00 H 1-H ««1 iJ a & TS Oh a O o PL. a Ed TJ m a &H fe -T lC T -^ !S C- iC :c :t CO w CI Ci 1* 'JiM03C"l , '-0M IQCOC9 t« t~ l~ SO ^h S5 — 'X-Bf »«- -* aooatoo^^ot-iOTfxi-x tp ™ w o m x io 33 i-i ;o o a ■v n I OOt-0-t»!OC o r-i co o" co oo" t-~ o i-T 3» oo" © | Oin«W CW Wrn w i-i Of ■* W M r-if-- CO ^ M lO CO 1- C! o «c Xl-Ot-WMXt-l-MSO'VO oxxawextJCfflso^a I Tf » a oj io x ■* i' o c io c » w • cioooso^xon-oscss COXm!D-OhCh»0)IMM ■- co a t- x m t- - c x t ci x a o-^Or-ooicjcoTPCiatoari ■inciooH^sxcBCrioaw XOICOX-fflXTPCSCOOClCOffl ■"jiMwirxwoTOseicoo I coo^wi-io^^iocoa^coffl i i» io o a co ci « x in /j c-i o o a i H»tDi.'a(MrttoiooxTi->H T31»sS^5:rj(-«-'e8 W — ' ^J »-. ~ w «-» — -^ -^. ^ "^ GEOGRAPHY OF VERMONT. 5? A TABLE Showing what were the five most populous towns in Vermont at each census from 1791 to 1890, and show- ing the population of the towns: In 1791. — Guilford, 2,432; Bennington, 2,377; Shaftsbury, 1,999; Putney, 1,848; Pownal, 1,746. In 1800. — Guilford, 2,256; Bennington, 2,243; Wind- sor, 2,211 ; Woodstock, 2,132; Rutland, 2,125. In 1810. — Windsor, 2,757; Woodstock, 2,672 ; Spring- field, 2,556; Bennington, 2,524; Rutland, 2,379. In 1820. — Windsor, 2,956; Springfield, 2,702; Wood- stock, 2,610; Hartland, 2,553; Middlebury, 2,535. In 1830. — Middlebury, 3,468; Bennington, 3,419; Burlington, 3,226; Windsor, 3,134; Woodstock, 3,044. In 1840. — Burlington, 4,271; Montpelier, 3,725; Bennington, 3,429; Woodstock, 3,315; Middlebury, 3,161. So far the numbers are taken from Thompson's Vermont, Part II., pp. 209-210. For the remainder of the table the numbers have been taken from the U. S. Census Reports. In 1850.— Burlington, 7,585; Bennington, 3,923; Brattleboro, 3,816; Rutland, 3,715 ; Sheldon, 3,567. In i860. — Burlington, 7,713; Rutland, 7,577; Ben- nington, 4,389; Northfield, 4,329; Brattleboro, 3,855. In 1870. — Burlington, 14,387; Rutland, 9,834; St. Albans, 7,014; Bennington. 5,760; Brattleboro, 4,933. In 1880. — Rutland, 12,149; Burlington, 11,365; St. Albans, 7,193; Bennington, 6,^^^; Brattleboro, 5,880. In 1890. — 6o GEOGRAPHY OF VERMONT. A TABLE Showing the population of Vermont at each census of the United States, the gain during each decade, and the number of towns that lost in population during each decade: 1 79 1.— Population, 85,539. 1800. — Population, 154,465. Gain for the State, 68,926. Number of towns that lost, 10. 1810. — Population, 217,895. Gain for the State, 63,430. Number of towns that lost, 13. 1820. — Population, 235,966. Gain for the State, 18,071. Number of towns that lost, 63. 1830. — Population, 280,652. Gain for the State, 44,686. Number of towns that lost, 44. 1840. — Population, 291,948. Gain for the State, 11,296. Number of towns that lost, 97. 1850. — Population, 314,120. Gain for the State, 22,172. Number of towns that lost, 94. i860. — Population, 315,098. Gain for the State, 978. Number of towns that lost, 136. 1870. — Population, 330,551. Gain for the State 15,453. Number of towns that lost, 144. 1880. — Population, 332,286. Gain for the State, 1,735 Number of towns that lost, 135. 1890. — Population, . Gain for the State, . Number of towns that lost, . The aggregate population for the State at' the several censuses has been taken from the Census Reports. The numbers used in the comparison of towns to and including 1840 are found in Thompson's Vermont, Part II. , pp. 209, 210; and for the later periods in the U. S. Census Reports. GEOGRAPHY OF VERMONT. 61 HEIGHTS OF MOUNTAINS IN VERMONT. Reported from the Office of the U. 8. Coast Survey. Jay Peak 3,861 ft. Mansfield Mountain.... 4,071 " Lincoln Mountain 4,024 " Killington Peak 4,241 " Mount Equinox 3,847 " Grandview Mountain.. 1,322 " Lake Ckamplain 97 " PROM VARIOUS SOURCES. Monadnock Mountain. 3,025 ft. Westniore Mountain... 3,000 " Blue Mountain 2,200 " Taken from the Geology of Ver- mont \A. Guyoi and Otliers. Jay Peak 4,018 ft. Mansfield Mountain. ... 4,430 " Lincoln Mountain 4,078 " Killington Peak 4,221 " Mount Equinox 3,872 " Grandview Mountain.. 1,310 " Lake Champlain 90 " Sterling Mountain 3,700 " Camel's Hump 4,088 " Pico Peak 3,954 " Shrewsbury Peak 3,845 " Herrick Mountain 2,692 " Eolus Mountain 3,148 " Mount Anthony 2,505 " Ascutney Mountain 3,320 " Florona 1,035 " LAKES AND PONDS IN VERMONT HAVING AN AREA OF 1000 ACRES OR MORE. From Report of the Fish Commissioners for 1887-88. Tributary to the River. Connecticut NAME. AREA. Fairlee Lake 1,500 Morey Lake. 1,300 GrotonPond 1,800 Joe's Pond 1,000 Maidstone Lake 1,000 Leach Pond (Canaan) 1,200 Tributary to the St. Francis River. A . Through the Coaticook River. GreatAverill Pond 1,500 Little Averill Pond 1,000 B. Through Lake Hemphre- magog. NAME. AREA. Island Pond 1,500 May Pond (Barton) 1,000 Crystal Lake 1,400 Salem Pond 1,000 Seymour Lake 5,000 Willoughby Lake 5,500 Great Hosmer Pond (Al- bany) 1,000 Tributary to Lake Champlain. Caspian Lake 1,200 Franklin Pond 2,000 Fairfield Pond (Fairfield). 3,000 Lake Dunmore 3,000 Lake Bomoseen 15,000 Lake St. Catherine 2,000 62 \ GEOGRAPHY OF VERMONT. DATES OF ORGANIZATION OF THE COUNTIES OF VERMONT. Bennington _ _ „ _ 1779 Franklin ...... 1792 Windham . . . _ _ 1779 Caledonia _ _ _ _ _ 1792 Rutland _ _ _ _ _ 1781 Essex - - _ - _ _ 1792 Windsor _ _ _ '. _ 1781 Orleans . . . _ _ _ 1792 Orange ...... 1781 Grand Isle J . . . 1802 Chittenden - . . - 1782 Washington _ _ _ 18 10 Addison . . _ . _ 1787 Lamoille _ . _ _ _ 1835 LIGHTHOUSES IN VERMONT. LAKE CHAMPLAIN. Albnrgh (Windmill Point), Isle La Motte (Blanch- ard's Point), Colchester Reef, Burlington Breakwater, Juniper Island (Burlington Harbor.) LAKE MEMPHREMAGOG. Newport and Whipple Point, Maxfield Point, Hero Island. FEDERAL COURT HOUSES IN VERMONT. Windsor, Rutland, Burlington, Montpelier. PORTS OF ENTRY IN VERMONT. Burlington, Alburgh (bridge). Alburgh Springs Windmill Point (in Alburgh), Swanton, Highgate, Franklin, Berkshire, Richford, North Troy, Derby, Island Pond, Canaan, Beecher Falls (in Canaan.) GEOGRAPHY OF VERMONT. 63 SCALE OF * M^ASSACH USELTTS THE HISTORY OF VERMONT. CHAPTER I. EXPLORATIONS. RAIDS. FIRST SETTLEMENT. PARTIES. WAR First Exploration.— Samuel Champlain entered the lake that now bears his name, July 4, 1609. He came from Quebec, where he had made a settlement the year before and where he had wintered. He was accompanied by two Frenchmen and sixty Indians of the Algonquin race. The party worked slowly up the lake and at the end of three weeks met a larger band of Iroquois Indians near Ticonderoga, whom they fought and defeated. Champlain's party then has- tened back to Canada with booty and prisoners. While on this expedition Champlain saw and explored a por- tion of Vermont. It was the first exploration of the State by white men. The Indians. Fort St. Anne — When North Amer- ica became known to Europeans, it was ^ occupied by several families of Indian tribes. One of these families, the Algon- quin, inhabited the chief part of New & 66 HISTORY OF VERMONT. England and Canada. Another family, of the Iroquois, had their chief seats in New York. The valley of Lake Charnplain was disputed territory through which war parties often passed. Charnplain settled among the Algonquins and gained their friendship. They would assist him to explore Lake Charnplain only on condition that he would assist them against their ene- mies, the Iroquois, in case they met them. Charnplain and his two white companions aided the Algonquins in the battle near Ticonderoga. The Iroquois had never before seen white men nor fire-arms, which proved very destructive to them. From this time the Iro- quois were bitterly hostile to the French and made frequent raids upon them. For protection against the Iroquois the French built forts along the Richelieu River and one, Fort St. Anne, on Isle La Motte in Lake Charnplain. This was built in 1665 and was the first point occupied by white men in Vermont. Soon after their alliance with the French the Algon- quins began, or renewed, a settlement near the Lower Falls of the Missisquoi River, now called Swanton Falls, which was continued with one short interrup- tion till the settlement of the town by the English after the close of the Revolutionary War. No other so permanent Indian settlement has been known in Vermont since its discovery by Charnplain. Expedition against the Mohawks.— At the beginning of October, 1666, a force of twelve hundred French and one hundred Indians was encamped near Fort St. Anne, on its way to chastise the Mohawks, a tribe of the Iroquois. They passed up Lake Cham- plain and Lake George, crossed to the Mohawk Val- ley and reached the Indian villages which were sur- rounded by triple palisades, while within were raised HISTORY OF VERMONT. 67 platforms for the discharge of arrows and stones against an attacking enemy and water-tanks made of hark for protection against fire. There was also a supply of axes and saws of steel purchased from the Dutch at Albany, and a great stock of corn and beans stored for winter. The capture of these villages would have cost the French heavily, if the panic- stricken Indians had not fled on their approach. After burning the villages with all their stores and taking possession of the country in the name of the king of France, the army returned to Canada. • Raid against Schenectady. — In 1689, England and France were at war, and the Governor General of Canada had been directed to attempt the conquest of the English colonies. vSo in January of the next year a force of French and Indians starting from Montreal and passing through lakes Champlain and George, attacked, pillaged and burned Schenectady, N. Y. They killed many of the inhabitants and retired with much plunder and many prisoners. Firpt English Expedition —Early in the follow- ing spring the New York authorities sent Capt. Jacob De Warm to build a small fort at what is now Chimney Point in Addison, and about mid-summer an expedi- tion of English and Indians sailed down Lake Cham- plain and the Richelieu River to the neighborhood of Chambly. From this place they marched through the w T oods against La Prairie on the St. Lawrence, oppo- site Montreal. They killed a few settlers and took some prisoners. They killed many cattle and burned the houses and barns outside the fort. On their return the party stopped at Fort St. Anne, then unoccupied, 68 HISTORY OF VERMONT. and at a little stone fort, probably that at Chimnev Point. This was the first English expedition through Lake Champlain. Raid against Deerfield.— England and France were at war (known as Queen Anne's war) again in 1704, and in the early part of that year a party of French and Indians was sent from Montreal by way of Lake Champlain, the Winooski, White and Con- necticut rivers against Deerfield, at that time one of the frontier towns in Massachusetts. The town was protected by a palisade, and a watch was kept at night, but the watchmen retired at daybreak. The snow was drifted high against the palisade and was covered with a strong crust. The enemy climbed over the palisade soon after the watchmen had with- drawn and distributed themselves through the town. At a given signal they attacked all the houses at once. The surprise was complete. Many of the inhabitants were killed, more than one hundred were taken pris- oners, and the town was burned. The work was quickly done. When the sun was an hour high the journey to Canada had begun. A dreary prospect was before the captives as they started northward from their still burning homes. The Rev. John Williams, pastor of Deerfield, and his family were among the captives. The family consisted of Mr. Williams, his wife and seven children and a man-servant and a maid- servant, both colored. The maid-servant and two of the children were slain at the door of the house. The rest started on the journey, distributed among differ- ent groups of Indians. Mrs. Williams had not fully recovered from a recent sickness, and traveled with difficulty. She and her husband met for a "e\v HISTORY OF VERMONT. 69 -moments once after they left Deerfield. They did not \- YSk ' . .'ii'lr'ii' '!■ I' i' .'nili n'Vt' f HISTORY OF VERMONT. 71 Williams, went with this division. The father went with the other division which reached Canada many weeks earlier. The First Settlement. — There were settlements in Northfield, Mass., previous to the Deerfield raid. At a very early day these settlements extended north on both sides of the Connecticut River beyond the Massachusetts boundary as afterwards determined. So the first settlement by the English in the present vState of Vermont was in the town of Vernon, then a part of Northfield, Mass. Fort Dummer. — After the close of Queen Anne's war in 1 7 1 3, new settlements were rapidly made in Mass- achusetts, and to protect them in 1724 Fort Dummer was built beside the Connecticut River near the pres- ent village of Brattleboro. The original fort was about one hundred eighty feet square, built of white pine logs, cut in the immediate neighborhood, hewn square and laid up, interlocking at the corners, in the manner of a block house. Houses were built within, having the walls of the fort for one side and all their openings within the fort. To this place a garrison was sent consisting partly of friendly Indians. The Puritans did not forget the spiritual welfare of their soldiers nor of their savage neighbors, and a worthy minister was sought out to serve as a chaplain to the garrison and as a missionary to the heathen Red Men. Soon it was believed that a profitable trade for furs might be carried on there, and an agent was appointed and provided with means to conduct the busi- ness. So in a short time Fort Dummer had become a military post, a missionary station and a trading house, and within and around it grew up a settlement. 72 HISTORY OF VERMONT. Exploring Parties. — Many exploring parties were sent out from the fort and its neighborhood during the early years of its occupation. In 1725 a party went by way of the Connecticut, Wells and Winooski rivers to Lake Champlain. And five years later another party explored the route by way of the Connecticut, Black and Otter Creek rivers to Lake Champlain. This route was called the "Indian road "because of its frequent use by the Indians in their journey between Lake Champlain and Fort Dummer. In 1731, the year following this last expedition, the French built a fort at Crown Point, N. Y. They had the year before begun a settlement at Chimney Point, where Captain De Warm, under orders from the English at Albany, had built the little stone fort in 1690. Temporary Forts and Settlements.— It does not appear that the fort built by Captain De Warm was used or intended for permanent occupation. Like- wise the French Fort St. Anne, a larger and more important work, seems only to have been used for tem- porary needs. The French settlement at Chimney Point flourished while the French power in Canada continued. Other settlements on the borders of Lake Champlain were made by the French, notably in Alburgh,but were deserted when Canada became a Brit- ish province. Boundary between New Hampshire and Massachusetts. — Fort Dummer was built by Massa- chusetts. At that time there was a dispute between New Hampshire and Massachusetts relative to boun- daries. The northern boundary of Massachusetts, according to the claim of Massachusetts, would have run near the northern base of Ascutney Mountain, while according to the claim of New Hampshire it HISTORY OF VERMONT. 73 would have been found crossing Black Mountain. The dispute was at length decided by the King of England, who gave to New Hampshire more than she claimed. In accordance with the King's decision the boundary line between Massachusetts and New Hamp- shire was run in 1741. The work of running the line was assigned to three surveyors, each of whom had his particular portion, or line. Richard Hazen, beginning near the Merrimac River, "marked the west line across the Connecticut River to the sup- posed boundary line of New York." For more than forty years the provinces of New Hampshire and Massachusetts were united under one Governor, though each province had its House of Rep- resentatives and its Council. Soon after the boundary line between them was determined, a Governor was appointed for each province. Western Boundary of New Hampshire.— The new Governor of New Hampshire was Benning Went- worth, in whose commission New Hampshire was described as extending westward till it meets his Majes- ty's other provinces. The western boundary of Con- necticut, except in the southern part, had been fixed as a line twenty miles east of the Hudson River and par- allel to it. Massachusetts claimed that her southern and northern boundaries each extended west to a point twenty miles east of the Hudson River and that her western boundary was a straight line joining those two points. Although this claim had not been formally established, lands had been granted and settlements made in accordance with it. The authorities of New Hampshire claimed that the territory of that province extended toward the west as far as that of Massachu- setts did, and in January, 1749, Governor Wentworth 74 HISTORY OF VERMONT. granted a township six miles square, lying six miles north of the north line of Massachusetts, and twenty miles east of the Hudson River. The township was surveyed according to the grant, and was named Ben- nington. Settlements near Fort Dummer.— The period extending from the building of Fort Dummer to the appointment of Governor Wentworth was one of com- parative quiet. A few townships had been granted by Massachusetts in the vicinity of the fort and settle- ments had been begun in them. The most northerly of these settlements was Number Four, now Charles- town, N. H. The First French and Indian War.— The year i 744 brought to America news of war between Eng- land and France. This implied war between the New England colonies and the French and Indians of Can- ada, and preparations were at once begun on both sides. The Maintenance of Fort Dummer. — The maintenance of Fort Dummer was necessary to the safety of Massachusetts, but the survey of 1741 had shown it to be beyond her borders. The Governor of the colony applied to the home government for relief from the support of this fort. After due consideration an order by the King in Council was issued to Gov- ernor Wentworth directing him to urge the Assembly of New Hampshire to provide for the fort, on the ground that its maintenance was necessary and that it was unjust to require a province to maintain a fortress outside its own territory. The Assembly first applied to refused to assume the charge. The next Assembly voted to "-arrison the fort, but on such conditions as HISTORY OF VERMONT. ?j the authorities in Massachusetts thought insufficient. So Massachusetts supported the fort. Scouting Parties. — Fort Dummer now became one of a series of forts extending from Number Four, in New Hampshire, to Fort Massachusetts, in the Hoo- sac Valley, near the present village of Williamstown, Mass. Frequent scouting parties traversed the line of forts and were sometimes sent in other directions. In May, 1748, one of these left Number Four by the "Indian road" already mentioned. They kept together till they reached the largest branch of the Otter Creek, when they divided, one part crossing the river and going towards Crown Point, while the other kept the east side of the river. The first division, consisting of eighteen men, commanded by Capt. Elea- zar Melvin, when opposite Crown Point, fired upon some Indians who were rowing on the Lake, and were pursued. To avoid their pursuers they passed up the southern branch of the Otter Creek and crossed the mountains to the West River. While halting on this stream, near the present village of Jamaica, they were attacked by the Indians and scattered, losing one-third of their men. The other party, commanded by Capt. Phineas Stevens, crossed the mountains to the Oue- chee River, which they followed to its mouth, and passed thence down the Connecticut River by raft and canoe to Number Four. A few weeks later Capt. Humphrey Hobbs with forty men left Number Four for Fort Shirley in Mas sachusetts, near the Deerfield River. About twelve miles from Fort Dummer, in the present town of Marlboro, Vermont, the party halted for dinner, with guards posted in the rear. While at dinner they were attacked by a large force of Indians. A fierce 7 6 HISTORY OF VERMONT. onset of the Indians was repelled by the English, when the men of each party sought the shelter of trees and fought as sharp-shooters. After a severe battle the Indians withdrew. Capt. Hobbs had three men killed and two severely wounded. The next day he marched with his force to Fort Dummer. Vermont in 1749.— During the war from 1744 to 1749 Fort Dummer and the fort at Number Four were repeatedly attacked and lost many men, and before the close of the war all other forts and settlements of the English north of Massachusetts and west of the Connecticut River had been captured, or abandoned and destroyed. Fort Dummer remained alone of English settlements within the territory of Vermont. Positions and Aims of the English and the Prench.— The English at this time held the country between the Appalachian Mountains and the Atlantic Ocean from Maine to Georgia. The French held Can- ada and Louisiana and had posts on the Great Lakes and along the Illinois and Mississippi rivers. Both sought possession of the Valley of the Ohio River which was between them. Washington Sent to the Ohio. — In the spring of 1754 an expedition was sent from Virginia under George Washing- ton, to complete and pro- tect a fort already begun at the junction of the Alleghany and Mononga- hela rivers, which is the beginning of the Ohio HISTORY OF VERMONT. 77 River, where is now the city of Pittsburg. Before Washington reached the place, the French had gained possession of it, and had sent a force to meet him. Washington defeated that force and built a fort for his own defense which he called Fort Necessity. This he was obliged to surrender, July 4. Convention of Albany — On that day, July 4, 1754, a convention of eight English colonies, called by the advice of the King of England for the purpose of devising measures of defense against the French, was in session in Albany, New York. The delegates there assembled renewed for the colonies their treaties of friendship with the Iroquois and adopted a Plan of Union for the colonies which was presented by Benja- min Franklin. The Plan was not accepted by the colonies nor by the king. Second French and Indian War.— War be- tween France and England was declared in 1756. Both nations had already sent troops to America. For four successive )^ears, beginning with the declaration of war, efforts were made by the English to gain pos- session of Lake Champlain. Many soldiers from the New England colonies were engaged in these undertak- ings and so became acquainted with portions of Ver- mont. A Military Road — After the capture of Crown Point by the English in the summer of 1759, Capt. John Stark with two hundred rangers was sent by Gen. Amherst to cut a road from Crown Point to Charlestown, N. H. The road was completed the next year, following for the most part the Otter Creek and its largest eastern branch and the Black River. yS HISTORY OF VERMONT. Rogers' Expedition — In September, 1759, Maj. Robert Rogers was sent from Crown Point with two hundred men against the St. Francis Indians near the mouth of the St. Francis River. He sailed down Lake Champlain and leaving his boats and provisions bid- den in the bushes beside the Missisquoi Bay marched through swampy woods to his destination. The Indi- ans were surprised in the early morning. Many were killed. The village was plundered and burned. Maj. Rogers had learned that his boats and provisions had been discovered and captured by the enemy and that he was pursued by a larger force than his own, and so he started immediately for Charlestown, N. H. A difficult march of eight days brought the little army to the neighborhood of Lake Memphremagog. They were already short of provisions. As a means of safety the whole party was now divided into several com- panies and each was directed to find its way to the mouth of the Ammonoosuc River. Maj. Rogers with his company took the route along the Barton and Pas- sumpsic rivers to the Connecticut. There he expected to find provisions. A camp was found and a fresh fire was burning in it, but the men sent had gone down the river with their provisions. Guns were fired as a signal, but the men with the provisions made the greater haste down the stream. Here Maj. Rogers left his company except three companions with whom he started down the river on a raft made of dry logs. On the second day they lost their raft at Olcott Falls, and made a new one at the foot of the falls by burning down trees and burning off logs of a suitable length. With this they kept on till they found men chopping beside the river just above Charlestown. They were helped to the fort, and provisions were at once sent to HISTORY OF VERMONT. jg the men who had been left behind. Many of those rangers never returned. They were believed to have died of starvation in the woods. And skeletons, guns .and other remains found by early settlers near the Connecticut and Passumpsic rivers were reported as the relics of Rogers' men. After gathering up a remnant of his force Maj. Rogers returned to Crown Point. Vermont in 1760. — With the retreating army in 1759, the French settlers in the Champlain valley retired to Canada. There were then a few scattered settlements near the west bank of the Connecticut River from the Massachusetts line to Bellows Falls. These, with the dwellers in the Indian village by the Lower Falls of the Missisquoi River, constituted the population of Vermont in 1760. CHAPTER II. FURTHER SETTLEMENTS. CONFLICTING. CLAIMS. Settlement of Bennington.— The township of Bennington was granted and surveyed in 1749, but the forest remained unbroken till 'after the conquest of Canada. Captain Samuel Robinson, returning from Lake George to his home in Massachusetts, during the French and Indian war, passed through Bennington, encamping for the night there ; and was so much pleased with the country that he found the owners, purchased a portion of their rights and, with some friends, began there, in 1761, the first permanent settle- ment of Western Vermont. Six families, from beyond the Connecticut River, wended their way on horseback So HISTORY OF VERMONT. through leafy woods and beside full streams and reached Bennington June 18. Samuel Robinson had bought wheat at Charlemont on the Deerfield River two months before, indicating that pioneers went for- ward to prepare as fully as possible for the necessities of the colony. In the autumn other families came, some of them from the farthest corner of Connecticut, making up a number of thirty or forty. A mild win- ter followed, which was very favorable to the settlers, and which they regarded as a special interposition of the Supreme Ruler in their behalf. The settlement grew rapidly and others were made near it. In 1765 a road, a bridle path, had been surveyed and opened to Danby, where a few beginnings were made beside the. branches of the Otter Creek by settlers from New York. Bennington with its one thousand inhabitants, its town organization, its mills, its militia company, its church and its schools was already a center of busi- ness and of social and political influence. Settlement of Newbury— The Coos Meadows,. in Newbury, Vt, and Haverhill, N. H., of the present day, had been known for a long time. Stephen Wil- liams spent several weeks in the neighborhood in the spring of 1 704. That same spring Jacob Hicks planted corn there with the Indians and shortly after died of starvation. Captain Peter Powers of New Hampshire just fifty years later found the meadows cleared and covered with grass. X few families came to these meadows in 1762. They settled on opposite sides of the Connecticut River and in different towns, but con- stituted one neighborhood, sixty miles distant from the nearest settlement, that of Charlcstown, N. H. From that place they brought provisions by boat in HISTORY OF VERMONT. 81 summer and on the ice in winter till they could raise their own supplies. The irons for the first saw-mill in Newbury were brought from Concord, N. H., nearly eighty miles distant, upon a hand-sled. It was a wild country far in the woods. One Sunday Mrs. Mary Kent of Newbury remained at home alone while the rest of the family went to meeting. During the time three large bears came and looked in at the open door of her cabin, and then walked away. In'1765, three years after its first settlement, Newbury was a fully organized town and in connection with Haverhill had a church and a pastor. In that year there were settle- ments in nearly all the towns bordering the Connecti- cut River on the west from Massachusetts to Newbury, and in enough of the tiers beyond to fill the gaps in the line of the river towns. Timothy Knox. — In some of these towns the people were few. The en- tire population of Woodstock at this time consisted of Timothy Knox. He had been a fel- low-student in Har- vard College with Elbridge Gerry who afterward signed the Declar- ation of Indepen- dence, who became Governor of Massachusetts and Vice-President of the United States, whose virtues have been extolled in (6) 82 HISTORY OF VERMONT. history and one of whose deviees has been embalmed in the word gerrymander. Knox had a sweetheart who ceased to smile on him, upon which he desired " a lodge in some vast wilderness," went to Woodstock and built one where he slept, cooked his food and stored his furs. For three years he was the only inhabitant of the town. Were not the privations and dangers of such a wil- derness sufficient to test the skill and force and faith of the settlers? We shall see. New Hampshire Grants.— In 1765 the settle- ments in what is now Vermont extended from the border of Massachusetts northward in two lines; on the west to the headwaters of the Otter Creek, on the east to the Wells River. Beginnings had been made in some twenty-five townships. Wherever the popula- tion was sufficient towns had been organized. Before this date one hundred thirty-eight townships had been granted by Gov. Wentworth of New Hampshire to purchasers from the New England colonies, who con- stituted a large and influential portion of the citizens. 'The country in which these lands lay was then called the New Hampshire Grants. News. — To these settlers and purchasers there came interesting news from Albany in the early summer of this year, in the form of a proclamation by Lieut. Gov. Golden of New York, in which he recited an order of the King of England declaring the west bank of the Connecticut River to be the boundary between the provinces of New Hampshire and New York. Changed Jurisdiction.— By this decision the lands granted by Gov. Wentworth west of the Connec- ticut River were placed under the jurisdiction of New HISTORY OF VERMONT. 83 York. But the settlers did not believe that their titles to their lands would be questioned till surveyors appeared in the valley of the Battenkill laying out for New York grantees fields just won from the forest, and for which payment had been made to the Governor of New Hampshire. A Convention. — A convention of settlers was held at Bennington in the early autumn. The convention was a New England notion. But with the men of Massachusetts and Connecticut came the Yorkers from Danby whose bridle path grew to a wide road as they approached the new center of democratic ideas. Sam- uel Robinson of Bennington was selected as an agent of the settlers to lay their case and their claims before Gov. Moore, then newly arrived in New York city. Claims.— The New York Party.— The New York authorities persisted in their claims. Both par- ties granted that the lands in dispute originally belonged to the King of England. The New York party claimed that a grant made by the King to the Duke of York in 1664, and confirmed ten years later, of all lands between the Connecticut River and the Delaware Bay included the lands west of the Connec- ticut recently granted by Governor Wentworth, and had never been set aside with respect to them ; and that consequently the grants made by him were with- out authority and were null and void ; and they required the settlers to procure new patents paying the customary fees for them upon pain of ejectment. The New York officials desired the fees. They were upholders of royal and parliamentary authority in the colonies. They thoroughly believed in the excellence of the British form of government and of the consti- 84 HISTORY OF VERMONT. tution of British society. They feared the democratic tendencies of New England. The leaders of this party were men of superior education and native ability whose interests and whose real belief were in harmony and who were determined to maintain the right as. they understood it at all hazards. The Settlers. — Claims. — The settlers had invested money and labor in these lands to make homes for their families. To give up their claims would reduce many of them to abject poverty. They were strong- men. They had grown up under the influence of the town meeting, the local church and the district schooh They were men of mark in their former homes. They had been active in civil affairs. They had raised com- panies of militia and of rangers for the wars. They had out-fought the Frenchman, and had out-witted the Indian. They had organized companies to settle in the new country. They were fond of argument. The statement and defense of personal rights was for them an intellectual pastime. They said that the grant of 1664 was too indefinite to support the claim of New York. They held that when the King called upon the people of New Hamp- shire to support Fort Dummer, he plainly implied that it and the territory near it belonged to New Hampshire ; and that in his commission to Gov. Wentworth he implied that New Hampshire extended as far west as did Massachusetts and Connecticut — to within twenty miles of the Hudson River. They further claimed that having bought their lands of one of the King's accredited agents they could not be required to pay again for the lands because of misunderstandings between the agents. And they declared that in their new homes they meant to stay, and that for them they would never pay a second time. HISTORY OF VERMONT. 85 The issue was direct and the parties might soon have come to blows except for the larger questions raised "by the stamp act and promoted by the colonial con- gress held^at New York in October of that year. The dispute went on and was carried to the courts of New York for decision. The claims of the settlers found no recognition there and in the autumn of 1770 a convention of settlers held at Bennington declared, We will resist by force the unjust claims of New York. Notice that the contention of the inhabitants of the New Hampshire Grants in 1770 was with the New York government exclusively, as the king more than three years before had forbidden the New York authorities to make any new grants of these lands or molest any person in the quiet possession of his lands who could produce a valid deed for the same under the seal of the Province of New Hampshire, until they should receive further orders respecting them. The Green Mountain Boys.— We have seen that Bennington had an organized militia company pre- vious to 1765. There were several such, forming a regiment and called. Green Mountain Boys, soon after 1770. And there was use for them. Sheriff Ten Eyck— In July, 1771, Sheriff Ten Eyck of Albany county, in which Bennington and the adjacent towns were then included, accompanied by a posse of three hundred armed men, citizens of the county, attempted the ejectment of James Breaken- ridge from his farm in Bennington. The Bennington militia were found in possession of the house and advantageously posted in the vicinity. A parley was lielcL The men of Bennington declared their inten- 86 HISTORY OF VERMONT. tion to maintain their position at every cost, the Sheriff's posse were unwilling to make an attack; the Sheriff withdrew with his three hundred men. This was a great victory for the claimants under New Hampshire, as it showed that the official and land- jobbing classes of New York were not supported by the people. At Otter Creek Falls. — Two years later than the affair at Bennington, one Col. Reid who had previous- ly driven off New Hampshire grantees from the lower Otter Creek Falls, at Yergennes, and who had himself been driven away by the Green Mountain Boys,, returned with a party of newly arrived Scotch immi- grants whom he put m possession of a grist-mill, saw- mill and other property, again driving away New Hampshire settlers. After two months' possession these people were visited by a force of more than one hundred armed men commanded by Ethan Allen and Seth Warner. The houses and grist-mill were destroyed, the mill-stones were broken and the people warned not to come again within the New Hampshire grants. In these ways the Green Mountain Boys pro- tected their lands and nourished their valor. Rewards Offered. — In consequence of these and other energetic measures of the Green Mountain Boys, Governor Tryon of New York, at the suggestion of the Assembly of the province, offered a reward of fifty pounds each for the apprehension and delivery to the authorities at Albany of Ethan Allen, Seth Warner and six other leaders. The reward offered for Allen and Warner was afterward doubled by vote of the Assembly. To this the settlers in convention at Man- chester replied March 16, 1774, just a week after the HISTORY OF VERMONT. 87 offer of the reward, by a resolution in which they said, we will stand by and defend our friends and neighbors who are indicted at the expense of our lives and fortunes. And the persons for whose apprehen- sion the reward had been offered responded by a proclamation declaring that they would "kill and destroy" any persons attempting to capture them. Counties. — New York at first treated the entire territory between the Connecticut River and Lake Champlain as belonging to the county of Albany. But the distance from the county seat, in the absence of roads, rendered the administration of justice difficult, if not impossible, in the further portions of the county, and led to the establishment in 1768 of Cumberland county with an area nearly the same as that of the present Windham and Windsor counties. Chester was made the shire town at first. Two years later the county of Gloucester was formed, extending from Cumberland county to Canada and from the Connecticut River to the Green Mountains. The shire was Kingsland, now Washington in Orange county, where a log building was erected for a court- house and jail. It stood near the headwaters of two streams ; one flowing into the Winooski, the other into the Waits River, each of which was called Jail Branch. Here, eight miles from any human habitation, courts were held till in the attempt to hold a winter term the judges and officers of the court lost their way in the woods when, all standing on their snow-shoes among the leafless trees, the court was opened and adjourned, and the party retraced their steps. After two more years Charlotte county was estab- lished. It extended in Vermont west of the Green Mountains from the Battenkill River in Sunderland 88 HISTORY OF VERMONT. and Arlington to Canada, and included as large a ter- ritory beyond Lake Champlain. The shire at first was at a hotel near Fort Edward. Later it was removed to Skenesboro, now Whitehall. Only a small por- tion of Vermont was then left in Albany county. In 1772, Westminster was made the shire of Cumberland county, and Newbury of Gloucester county. Attitude of the People. — One purpose leading to the formation of these counties was to attach the inhabitants to New York by the emoluments of office and participation in the local government. The plan was but partially successful. The Green Mountain Boys were dominant everywhere west of the moun- tains and prevented any exercise of authority derived from New York. In Gloucester county the people were few and scattered, and at this period took little interest in the controversy with New York and made no opposition to the county government. Cumberland county was more populous and among its inhabitants were many friends of New York. But men who had been accustomed to take the large share in public affairs allowed by the New England town were not easily satisfied with the county government of New York. The county officers were appointed by the governor and council of the province, and these appointed infe- rior officers and performed other duties which in New England were performed by the towns in town meet- ing. The officers were selected from the friends of the official and aristocratic party. As they held office by appointment they were little dependent on the peo- ple, and their conduct was not always conciliatory. Party spirit ran high. The courts were distrusted. The executive officers were hated. In 1770 the June HISTORY OF VERMONT. 8g term of the court at Chester was interrupted by a band of men who denied the right of New York to establish a county on the New Hampshire Grants. Massacre at Westminster.— in 1774 the colonial government of Massachusetts came practically to an end. The provincial assembly was replaced by a pro- vincial congress. Courts were prevented from sitting". Committees of correspondence appointed by the towns had brought the people to know each other and were keeping the spirit of independence at a white heat. In September the first Continental Congress met at Philadelphia. The whole country was in a ferment. The people of Cumberland county held conventions and passed resolutions showing them to be in full sym- pathy with American patriots in other colonies. These movements added to the previous disputes led to an earnest desire for the suspension of the term of court appointed at Westminster for March 14, 1775. The judges were appealed to but they declined to make any promises. The day previous to that set for the open- ing of the court a large number of men provided with staves and clubs took possession of the court-house. The sheriff appeared with a posse of armed men and demanded admittance, which was refused except on conditions not acceptable to the sheriff, who withdrew. Just before midnight he returned with his posse and again demanded admittance. As it was refused the men in the building were fired upon ; ten were wounded, two of them mortally, one of whom, William French, died in a few hours. The wounded and some others were made prisoners and were lodged in the jail. The victorious party spent the rest of the night in t arousal. In the moraine armed men came in from the surround- po HISTORY OF VERMONT. ing country and before noon the prisoners of the last night had been released and such judges and officers of the court as could be found had been committed to the jail. Within two days five hundred armed men had reached Westminster. Among them were forty Green Mountain Boys led by Capt. Robert Cochran of Rupert, and many men from New Hampshire and Massachu- setts. This event was quickly followed by Lexington and Ticonderoga and Bunker Hill. British rule in America had ceased. The Revolutionary War had begun, and for a time all men's attention was drawn to that. CHAPTER III. THE REVOLUTIONARY WAR. Ticonderoga. — Late in February, 1775, John Brown, Esq., of Pittsfield, Mass., called at Bennington on his way to Canada to secure the friendship of the Cana- dians and Indians for the American colonies in the approaching conflict between them and England. He had been selected for this service by the Boston Com- mittee of Correspondence at the suggestion of the Massachusetts Congress. Peleg Sunderland, a leader of the Green Mountain Boys, for whose delivery at Albany Gov. Tryon had offered a reward the year before, was his guide. Near the end of March, Brown wrote from Montreal to the committee in Boston, 1 ' The fort at Ticonderoga must be secured as soon as possible v should hostilities be committed by the King's troops. The people on the New Hampshire Grants have engaged to do this business." Soon after the HISTORY OF VERMONT. pr battle of Lexington, several gentlemen of Hartford, Conn., raised a sum of money to pay the expenses of an expedition against Tieonderoga, and sent it forward by messengers, one of whom was Captain Edward Mott. Mott gathered a few recruits in Connecticut, a few more in Massachusetts and reached Bennington with about fifty men. Affairs were in such a state of readiness there that in three days, namely, on Sunday evening, May 7, Capt. Mott had reached Castleton with Col. Ethan Allen, Capt. Samuel Herrick and Capt. Seth Warner, three of the eight persons for whose cap- ture Gov. Tryon had offered a reward, with one hun- dred seventy men. Here it was arranged that Capt. Herrick with thirty men should capture Skenes- boro, now Whitehall, N. Y., and any boats there and send the boats down the lake to Shoreham ; that Capt. Douglass should go at once to Shoreham to secure other boats ; that Col. Allen should command the main force that was to go against Tieonderoga. So much had been agreed on, and Captains Herrick and Doug- lass had started for their destinations and Col. Allen had started for Shoreham to meet some men who would be in waiting there, when on the evening of May 8, Benedict Arnold arrived at Castleton with a commis- sion from the Massachusetts Committee of Safety, authorizing him to enlist men for the capture of Tieon- deroga, with a servant, a new uniform and epaulets, and demanded that the command of the expedition be given to him. The men utterly refused to accept him as a commander. He had not enlisted them as the terms of his commission required. They had enlisted on the express condition that they should be led by their own officers. 9 2 HISTORY OF VERMONT. HISTORY OF VERMONT. pj Before leaving Castleton, Col. Allen had sent a mes- senger, Maj. Gershom Beach, to summon men. Maj. Beach went through Rutland, Pittsford, Brandon, Mid- dlebury, Whiting, to the lake-side in the southerly part of Shoreham, making a circuit of sixty miles in twenty- four hours and summoning his men. To the same place the little army marcheel May 9th, going north from Castleton till they struck the old military road that we saw John Stark opening sixteen years before. Boats were collected eluring the night, and before the dawn of May 10th, two hundred seventy men faced toward the lake waiting to cross. Allen and eighty- two men were all that could be carried over at once. When these reached the west shore the morning had begun to dawn. To wait for the arrival of the remainder of the force was not safe. The fort must be taken at once. Allen explained the danger of the undertaking and called upon all who were willing to follow him to poise their firelocks. Every firelock was poised and the march began. They were guided by a boy named Beeman through a covered way to a gate where a sen- tinel was surprised and overpowered; and the Green Mountain Boys rushed through the gate, formed on the parade ground and roused the garrison with their huzzas. Allen was shown to the lodging of Capt. Delaplace, the commander, who met him with his clothes in his hand. Allen demanded instant surrender of the fortress " In the name of the Great Jehovah and the Continental Congress." The fort was surrendered with its garrison and stores. So, before the mem- bers of the second Continental Congress had break- fasted the first day of their session, the key to Lake Champlain and the guns at whose bidding Gen- eral Howe was to evacuate Boston the next spring HISTORY OF VERMONT. .Fort Crown Point, liegun by Gen. Amherst, aftei the retreat of the French in 17^0. VIEW 01 LAKE CHAMPI.AIN, Looking east from Crown Point Fort to Chimney Point. Crown Point Light on the right. Ruins of Old French Fort St. Frederick on the left. Fort St. Frederick, begun by the French in 1731, enlarged and strengthened later, and destroyed by them in 1760. HISTORY OF VERMONT. ?j had been captured in their name by a band of back- woodsmen under the command of New York outlaws. The next day Crown Point was captured by a force under Capt. Seth Warner. Americans Possess Lake Champlain. — The Green Mountain Boys would not have Col. Arnold for their commander, but he accompanied them and entered the fort at Allen's side. A few days later Allen and Arnold formed a plan for the capture of a British ves- sel at St. Johns. They had gained possession of a schooner and several bateaux. With these and such a force as they could carry, the expedition was made. Allen commanded the bateaux ; Arnold, the schooner. A favoring wind soon enabled Arnold to outsail Allen. He captured the vessel and returning by the help of a changed wind, met Allen, who insisted on attempting to take St. Johns; but his force proved to be insuffi- cient, and the whole party returned to Ticonderoga. By the capture of this vessel the Americans obtained control of the whole lake. Warner's First Regiment.— As soon as practi- cable after their capture a force was sent from Connec- ticut to occupy the forts at Ticonderoga and Crown Point, and the Green Mountain Boys were discharged. Allen and others sought service for the colonies under the authority of New York, but as no reply was received Allen and Warner went to Philadelphia and laid their case before the Continental Congress. The Congress voted to pay the Green Mountain Boys for their service at Ticonderoga and recommended to the colony of New York to authorize the formation of a regiment on the New Hampshire Grants under officers of their own choice. With this recommendation and a letter from the president of congress, Allen and Warner went to 9 6 HISTORY OF VERMONT. New York, the residence of their most bitter enemies, and appeared before the provincial congress then in session there, asking leave to form a regiment accord- ing to the advice of the Continental Congress. The regiment was at length formed and Seth Warner was chosen commander. Invasion Of Canada. — In the early autumn an army was sent into Canada under the immediate com- mand of General Montgomery, and Warner's regiment made a part of it. While the main army was beseiging St. Johns, Colonel Ethan Allen and Major John Brown, who went to Canada with Peleg Sunderland for a guide the spring before, were sent, each with a small force, to arouse the Canadians for the American cause. Both were in the vicinity of Montreal, which was but slightly protected, and they formed a plan for its capture. They were to cross to the island in the night of Sep- tember 4, and to attack the town from opposite sides at dawn. Allen crossed over at the time appointed, but Brown did not appear ; and Allen, having but a small force, was taken prisoner after a severe conflict and was sent to England. Afterwards he was sent to New York and was exchanged in May, 1778. Warner's regiment did good service near Montreal and at the mouth of the Richelieu River during the seige of St. Johns and until the capture of Montreal by Gen. Montgomery, soon after which it was dis- charged from the service. After he had secured Montreal, Montgomery proceeded to Quebec, where he joined Col. Arnold, who with great difficulty had marched through the wilderness of Maine. An attempt to take Quebec by storm on the last night of the year resulted in a disastrous defeat of the Americans and in the loss of General Montgomery killed and of Col. HISTORY OF VERMONT. !.\ ELOPMENT, Beginnings Made. -The twenty years fol- lowing the admission of Ver- mont into the Union were eminently years of progress. She had already made good beginnings in all departments of civilized life. There were settlements in three-fourths of her towns. Along the New York border and the shore of Lake Champlain there was a settlement in every town from Massachusetts to Canada. Beside the Connecticut River, but one town had no inhabi- tants. Pine logs cut on the bank of the Connecti- cut were rolled into the stream and floated to mar- ket in Massachusetts and Connecticut. And the export of lumber from the Champlain valley to Que- bec and Montreal had already begun. The trees cut in clearing the land for cultivation were most easily removed by burning, and from the ashes pot and pearl ashes were manufactured for export in nearly every town. And people then thought the supply of timber was sufficient to keep up the manufacture for centu- ries. The incoming population furnished a ready market for the surplus products of the farms till by means of improved roads markets were found in Bos- ton and New York, or in Canada by the way of Lake Champlain and the Richelieu River. HISTORY OF VERMONT. 131 Progress. — Mills were multiplying. The fulling- mill and the carding machine lightened the labors of the housewife ; and the tannery furnished leather for hoots, shoes and harnesses. The manufacture of pot- tery for common use was carried on in several places during this period, and jugs for molasses and rum, and pitchers and mugs for water and cider and flip were turned out in large numbers, with other articles for household use. The manufacture of axes, scythes and nails began at an early period. The want of nails had been severely felt before the manufacture began. Jonas Mathews of Woodstock built a house about 1780, and sent "below " for one thousand nails for which he paid five dollars. Wooden pins were sometimes used for nails. Boards sometimes had their ends placed in furrows in sill and plate or were fastened by other devices. Before 1800, the manufacture of iron had begun, partly from ore found near Crown Point, N. Y., and partly from ore obtained in Bennington, Tinmouth and Chittenden. Mills for the manufacture of oil from flaxseed sprang up early in this period, and before the end of it marble was worked on an extensive scale in Middlebury, and circular saws were in use and the method of welding steel was discovered in the same village. Apple orchards had been planted early and were bearing abundantly. Great quantities of cider were produced and much of it was made into cider-brandy. Distilleries for the manufacture of whiskey, gin and other liquors were numerous, and the habitual use of strong drink was universal. "A pint of rum to a pound of pork " was a rule for the supply of workmen in those days. ij2 HISTORY OF VERMONT Large quantities of maple sugar were produced. Dr. Williams in his History of Vermont expresses the belief that sugar enough to supply the people of the State was then made from the maple. Churches. — Progress was not confined to material things. Before 181 1 the Congregationalists had formed a State association called the General Convention, and their organized churches had increased to more than one hundred. The Baptists had established new churches and had formed three new associations, doubling the number that existed in 1791. There were Presbyte- rians, immigrants from Scotland, in Barnet and Rye- gate prior to the Revolutionary war, who maintained such worship as they could without a settled minister till 1 79 1, when they obtained a pastor. After that the church made steady progress. A Methodist meeting- house was built in Danby in 1795, through the influ ence of a resident local preacher, and in the years nex following Methodist churches were established in many places and Methodist itinerants reached all the settled portions of the State. During this period several Universalist churches were formed and the Northern Association of Universalists was organized. Also a few Free Baptist and a few Christian churches wer founded. It was a period of theological discussion an of religfious awakening". 1 a Education. — Mi'ddlebury College was incorporated in 1800 and graduated its first class in 1802. The University of Vermont held its first commencement in 1804. In 181 1 the two institutions had graduated one hundred sixty-six students. Williams College in Massachusetts, near the south- west corner of Vermont, had been established in 1793, HISTORY OF VERMONT. 133 and Dartmouth College, on the eastern border of the State, at the close of our period had graduated a thou- " sand men. Twenty-two grammar schools and academies had ' been incorporated, and the common schools had 1 become more numerous and were better supported. Three local medical societies had been incorporated. j Fifteen newspapers were published in the State. Population. — In 1800 the population of the State 1 was 154,465, in two hundred and twenty-six towns. \ -Each of sixty-three towns had a population of more 1 than one thousand, and six of these had more than I two thousand to each. Ten towns had a smaller pop- I illation in 1800 than in 1791. In 1810 the whole number of people in the State was l 1 217,895, in two hundred and thirty-two towns. Each l of ninety-six towns had more than one thousand inhab- ( itants, and thirteen of these had more than two thon- I sand apiece. Thirteen towns had a smaller population in 18 10 than in 1800. Three had fewer inhabitants in [ 1810 than in 1791. By the apportionment made in consequence of the census of 1800, Vermont had four representatives in Congress, and by the next apportionment she had six representatives in Congress. Hardships. — With all this prosperity there were hardships. Food though abundant was generally coarse. Many people lived in log houses. The appointments for religious services and for education were by no means sumptuous. Meetings and schools were often held in barns in summer and in private houses in win- ter. The teacher of the common school boarded round among the families of the district and often received his slender salary in grain of various kinds at the end >of the term. 134 HISTORY OF VERMONT. Kindness to Strangers.— We have noticed more than once that the people of Vermont were of New England origin. A few persons only came from beyond the sea either to remain in the State or to pass through it. Capt. Trotter, who came to Vermont and settled in Bradford, was born in England and appren ticed to a ship-master who treated him harshly. At the age of nineteen he came to America and soon was in command of a ship. He was successful and shortly after 1800 was able to retire with a large fortune, after which he was distinguished for his enterprise and pub- lic spirit. One day there came to Bradford an Irish boy poorly clad selling pins and needles and inquiring for his father. Capt. Trotter took the boy to his house and after a little time sent him to a tailoress with a large bundle which she turned into a suit of new clothes for the lad. Soon the father came seeking his boy and was greatly rejoiced to find him and the friend he had found. With grateful hearts and lighter steps the father and son went on their way to Canada. Lotteries. — W T e have noted the difficulty of con- structing good roads throughout the State as rapidly as they were needed. Help was occasionally obtained from lottery companies authorized by the Legislature for the purpose of building and repairing some road or bridge. Lotteries were authorized for some other pur- poses: as two to build breweries, one to assist a sad- dler whose buildings had been burned, one to build a school house. Leave was asked to institute lotteries for quite a variety of purposes ; as to build a house of worship, to help an impecunious author to publish a work on surgery, to assist a blind man. Before the close of this period the granting of lotteries had ceased. HISTORY OF VERMONT. 135 Turnpikes. — As aid in road-making had been sought in lotteries, so later it was sought from corpor- . ations called turnpike companies. The first was incor- porated in 1796, with authority to tmild a road from Bennington to Wilmington, and to place gates upon it and to collect toll of travelers. A craze for turnpike 1, building followed and' fifty turnpike companies were ,, incorporated within a few years. The roads built by / them were very useful. But public roads were, multi- { plied, and for this and other reasons the turnpikes ceased to be profitable, the companies surrendered i their charters and the roads became public highways. ' Only one turnpike now exists in the State. It is between Manchester and Peru and has one gate on it. Mails. — The carrying of the mails was transferred to the United States when Vermont entered the Union. For several years no new mail routes were added, and when they were added the business was very small. In 1798 the mail was carried once a week each way between Windsor and Burlington, passing through Woodstock, Randolph and Montpelier. The whole number of letters received at the Post Office in Wood- stock during the year was one hundred eighty, the number sent out was one hundred twenty. The mail of July 19 brought ten letters, a very large number. The whole number of letters brought to Woodstock by mail that year, from Boston was eighteen; from New York, twenty-eight ; from Windsor, nine. Two years later the population of the Vermont towns named was of Windsor, 2,211; of Woodstock, 2,132; of Ran- dolph, 1,841; of Montpelier, 890; of Burlington, 815. Woodstock had been ten years a shire town and was bristling with politicians and professional men. jj6 HISTORY OF VERMONT. The Legislature.— In 1792, 1796, 1800, the Legis- lature chose four, and in 1804 and 1808 six presiden- tial electors. In January, 1804, an adjourned session of the Legislature was held at Windsor to act on the twelfth amendment to the Constitution of the United States, which was adopted on the part of Vermont. In 1805 an act of the Legislature provided that on cer- tain conditions Montpelier should become " the per- manent seat of the Legislature." The conditions were complied with and Montpelier became the capital of the State in 1808. In 1806, after refusing to authorize private banks, the Legislature enacted a law establishing a State- bank with branches at Woodstock and at Middlebury. Later, branches were established at Burlington and at Westminster. The State did not succeed in banking, and in 181 1 the process of closing the business had already begun. State Prison.— Punishments.— In 1807 the Leg- islature provided for the erection of a State prison, which was located at Windsor and was in use within two years. In consequence of building the State prison, new- modes of punishing many crimes were adopted. Cut- ting off the ears, branding, whipping, putting in the stocks and pillory had previously been well-known punishments. A law of 1779 required "that every town in this State shall make and maintain at their own charge, a good pair of stocks, with a lock and key sufficient to hold and secure such offenders as shall be sentenced to sit therein." In Monkton a Quaker was condemned to stand a certain number of HISTORY OF VERMONT. 737 "hours in the pillory for getting in hay on the Sabbath While he stood there his wife sat by, knitting-work in hand. In Manchester a convict was brought to the sign- post near a large hotel. He was placed on a horse- block and his head was bound fast to the sign-post. The officer cut off the lower portion of the culprit's ears and trod the pieces under his feet. Then taking a branding iron which an assistant had been heating over a kettle of coals he applied it to the convict's fore- head. To imitate the operation was a favorite play with the boys the following winter. High on a hill near the center of Newfane may be seen the foundations of a few buildings long since removed or gone to decay. A busy village was once there with its dwellings and shops and court house and academy and church. In an open space just below the academy and church stood the whipping- post in the form of a cross. About three months prior to the passage of the act providing for a State prison, a woman convicted of passing counterfeit money was brought. She was stripped naked down to her waist, her arms were tied to the arms of the cross, and thirty- "nine lashes were applied to her back, partly by the sheriff and partly by an assistant. Her back became raw from the infliction and she writhed and screamed in her agony. Meanwhile multitudes were looking on from the windows of the church and academy. The State prison didnot come too soon ; and it is well that such scenes were viewed through the win- dows of the meeting house and school house, else they might have continued to this day. 138 HISTORY OF VERMONT. No Slavery. — After the adoption of the Vermont Constitution in July, 1777, and before the distribu- tion of it, near the beginning of the next year, Capt. Ebenezer Allen of Tinmouth was sent on a raid with forty men into the neighborhood of Ticon- deroga. He took several prisoners, among whom was Dinah Mattis, a negro slave. To her, Allen gave a certificate of emancipation, being " conscientious that it is not right in the sight of God to keep slaves," and had the same recorded in the town clerk's office in Bennington. The first Constitution of Vermont con- tained in its first article the distinct prohibition of slavery, which is now found there. That is a Vermont addition to the Pennsylvania model. Under it a slave could not be legally held in Vermont. As slavery was rejected for high reasons before the promulgation of the constitution, so it was afterward. Theophilus Harrington, who was an associate judge of the Supreme Court for ten years, beginning with 1803, very well expressed the verdict of the people in a case that came before him of one person claiming another as his property. The claimant presented evidence that he owned the other person. The judge asked if he had other evidence. What other evidence do you want? inquired the counsel for the claimant. "A bill of sale from Almighty God," responded the judge, and the slave was released. HISTORY OF VERMONT. rjp CHAPTER VII. WAR. BUSINESS. SOCIAL CONDITIONS. Our Work SO Far. — We have traced the history of Vermont from its discovery in 1609 for two hundred years. We have studied its early settlements, the struggles by which it became a State, its period of independence, its admission to the Union of States and its progress for twenty years within the Union. We have reached a period at which the settlement of the vState may be regarded as substantially complete; for, though a few towns were still not inhabited, they were within easy reach of the conveniences of civilized life. No marked transition occurs in the subsequent history, but there is constant progress. The agency most effective of change since the date we have reached is the railroad. So we will include in the present chap- ter the chief events to 1852, before which time several important railroads had been opened for traffic. Political Parties. — Vermont entered the Union at the beginning of the second Congress. The organ- ization of the government and the provision for its support led to questions relating to the interpretation of the federal constitution and the extent of the pow- ers of the federal government. The friends of the new constitution, who secured its adoption and who elected a president and a majority in both branches of Congress, sought to establish a strong national gov- ernment. They naturally inclined to a liberal inter- I4Q HISTORY OF VERMONT. pretation of the clauses granting powers to the federal government. Others, who feared lest the federal government should become an instrument of oppres- sion, sought by a strict interpretation of the same clauses to maintain in their integrity the powers of the States and of the people. The former party were called Federalists, and the latter before the close of this Con- gress were named Democratic Republicans, or Repub- licans. About 1828, the term Republicans was dropped and the term Democrats was used instead. At this period the Federal party disappeared, and a new party called Whigs took its place. About the same time the Anti-masonic party appeared, opposed to the election of Free Masons to office. This party was of short duration. The Liberty, or Anti-slavery party made their first presidential nomination in 1839, and in 1841 they made their first nomination for governor in Ver- mont. In 1848 the Free Soil party was organized, and the Liberty party was merged in it. In 1856, the opponents of slavery assumed the name Republicans. Since that date the great political parties of the country have been the Democratic and the Republican parties. Electoral Votes.— At the presidential election, according to the original federal constitution, each elector voted for two candidates for president. In 1792, Vermont cast her first presidential votes for George Washington and John Adams, both Federalists. Again, in 1796, the votes of Vermont were cast for the Federalist candidates, hi 1800, the Vermont electors voted for Adams, Federalist, and for Pinckney, Repub- lican. Previous to the election of 1804, the constitu- tion was so amended that each presidential elector has since voted for a president and for a vice-president. From 1804, to and including 1820, the electoral votes HISTORY OF VERMONT. 141 of Vermont were cast for the Republican candidates, in 1824 and 1828 for the Federalist candidates, in 1832 for an Anti-masonic candidate, from 1836 to 1852 for the Whig candidates; since 1852 to the present time the electoral votes of Vermont have been given to the Republican candidates for president and vice-presi- dent. The County. — Lamoille, the fourteenth and last county, was formed in 1835. Till that time the county had served simply as a judicial district whose officers were elected by the legislature. The next year the county began to have a new character, that of an election district. The Senate Introduced.— Originally the legisla- tive power of the State of Vermont was "vested in a House of Representatives," and the executive power was "vested in a Governor, or, in his absence, a Lieu- tenant Governor and Council," consisting of twelve councillors chosen annually by the freemen of the State. In 1836, the constitution was so amended as to abolish the executive council and to establish a senate consisting of thirty senators, apportioned to the counties according to their population, and to be elected annually by the freemen of the counties. This change was effected by the adoption of articles two to thirteen of the Amendments to the Constitution. Population. — The population of the State in 1820 was 235,966; in 1830, 280,652; in 1840, 291,948; in 1850, 314, 1 20. The population diminished in the ten years, from 1810 to 1820, in 63 towns; from 1820 to 1830, in 44 towns; from 1830 to 1840, in 97 towns; from 1840 to 1850, in 94 towns. i 4 2 HISTORY OF VERMONT. By the apportionments made in consequence of the censuses of 1820 and 1830. Vermont had five rep rc:-cn tatives in Congress; and by the apportionment next following the census of 1840 she had four representa- tives. From 1812 to 1820 inclusive, representatives to Congress were elected on a general ticket as presi- dential electors now are. Presidential electors were chosen by the legislature till 1828, when the method of election by the freemen on a general ticket was introduced. THE WAR OF l8l 2. Causes. — At the elose of the eighteenth century, England and France were at war. There was peace for a few months in 1802, then the war was renewed. Both parties adopted measures offensive to neutrals, one of which, on the part of England, was the search- ing of American vessels for British subjects. These were reclaimed when found and compelled to serve in the British navy. American citizens were sometimes taken on the pretense that they were British subjects. The commerce of the United States suffered from both parties. Congress attempted retaliation in 1807, by forbidding American vessels to sail from American ports to .any foreign country. Two years later the law was modified so as only to forbid trade with Great Britain. These measures interrupted business and brought finaneial ruin to many people. They were the occasion of special hardships to the inhabitants of the Champlain valley, who had a large trade with Canada. As trade with Canada was prohibited, smug- gling beeame profitable and many on both sides of the line engaged in it. There were frequent conflicts in northern Vermont between the smugglers and the cus- HISTORY OF VERMONT. 143 torn house officers and several lives were lost. These conflicts tended to exasperate one party against Great Britain, the other against the federal government. In February of 1812, evidence was made public show- ing that three years before an agent of the British government was sent through Vermont, New Hamp- shire and Massachusetts for the purpose of intriguing with the leaders of the Federalists and organizing a movement for disunion. He had been wholly unsuc- cessful, but the disclosure increased the hostility already existing against Great Britain. On the third of April following, Congress passed another embargo act, forbidding commerce with foreign nations for ninety days, and eleven days later authorized the president to detach one hundred thousand militia for the defense of the country. May 1, Gov. Galusha issued a general order calling for three thousand men as the quota of Vermont. The Northern Towns. — These events indicated approaching war. In case of war the northern towns would be exposed to incursions from the enemy, and before the middle of May the people of Troy assem- bled in town meeting and adopted measures for arm- ing the militia and for the erection of a fort. Later, through the concerted action of more than twenty towns, guards were established in Troy, Derby, and Canaan. But the fears of the inhabitants of the bor- der were not wholly allayed, and before winter many families fled from the Missisquoi valley near Troy, as the inhabitants of the frontier had done during the Revolutionary war. War against Great Britain was declared by Congress, and the declaration was announced by the president 144 HISTORY OF VERMONT. the 17th of June. In September the Vermont troops, called for, May 1, were reported to be at Plattsburg, N. Y. Campaign Of 1812.— According to the American plan of the war, Canada was to be invaded from three quarters — Detroit, some point on the Niagara River, and Lake Champlain. To that end the army was organ- ized in three divisions — the western, the central, and the northern. The western division, commanded by Gen. Hull, governor of Michigan, was surrendered at Detroit. The army of the center was commanded by Gen. Van Rensselaer, who in the latter part of October sent a force across the Niagara from Lewiston to Queens- town, where, after hard fighting and heavy loss, it was captured by the enemy. The northern division under Gen. Dearborn was collected at Plattsburg and in due time went into winter quarters at Plattsburg and at Burlington. Political. — The war was a measure of the Repub- lican party, which was. then dominant in Vermont. When the legislature met in October laws were passed forbidding intercourse with Canada, exempting the persons and property of the militia in actual service from attachment and laying a tax of one cent an acre on the lands of the State for military purposes. These measures were thought by many to be oppressive; and the Federal party, which opposed the war, gained in strength so that in 1813 and 1814 a Federalist gov- ernor, Martin Chittenden, a son of Thomas Chitten- den, was chosen by the legislature as there had been no election by the people. The obnoxious laws of 181 2 were repealed. The official representatives of HISTORY OF VERMONT. 145 the State were opposed to the war, but within what they thought to be the constitutional limits were ready to assist in the defense of their country. On Lake Champlain.— Late in the autumn of 1S12, Lieut Thomas MacDonough was placed in com- mand of the naval forces on Lake Champlain, consist- ing at that time of two sloops (the Growler and the Eagle), and two gun-boats. During the winter another sloop was fitted for service at Burlington and named the President. Early in June, 181 3, British gun-boats came up the lake and took some small craft. The Growler and the Eagle were sent to chastise them ; but, pursuing the enemy too far, they were disabled and captured after a severe battle. The sloops were refitted by the Brit- ish and later in the season with accompanying gun- boats were sent into the lake. The expedition destroyed the public works and stores at Plattsburg, which was unprotected, and plundered the village : then they sailed up the lake as far as the middle and on their return attacked Burlington, but retired as soon as the batteries on shore began to respond to them. Gen. Wade Hampton was then at Burlington with four thousand men, but the Americans had no naval force sufficient to cope with the British. In the latter part of this summer, several companies of Vermont troops were with Gen. Wilkinson at Sack- ett's Harbor, on the east end of Lake Ontario; made the expedition with him down the St. Lawrence in the fall and suffered loss in the battle of Chrysler's Field, in Canada, a few miles below Ogdensburg. (10) 146 HISTORY OF VERMONT. Col. Clark. — Just before Gen. "Wilkinson left Saek- ett's Harbor, Col. Isaac Clark of Castleton, with one hundred two Vermont riflemen, sent out by Gen. Hampton to " make a petty war," surprised the enemy at Missisquoi on the Missisquoi Bay, in Canada, inflicting a loss of nine killed and fourteen wounded and delivered at Burlington one hundred one prisoners without the loss of a man. Derby. — In December a British raiding party destroyed barracks and stores at Derby, Vt. On the Niagara Frontier.— The plan of cam- paign for 1 814 involved the invasion of Canada by three routes as before. A portion of the Vermont troops were in the army of the center, commanded by Gen. Brown. They belonged to the Eleventh U. S. Infantry, which was a part of the brigade of Gen. Winfield Scott. This regiment bore an honorable part in all the battles of the severely contested cam- paign from the beginning of July to the middle of September. At the Mouth of Otter Creek.— In the spring of 1 8 14, Lieut. MacDonough was engaged in the con- struction of vessels at Vergennes, and about the mid- dle of May a British force was sent to capture or destroy them. A battery recently constructed at the mouth of the Otter Creek was placed under the command of Lieut. Stephen Cassin and the militia of the neigh- borhood were called out. The British arrived May 14, and attacked the battery, which made a spirited reply, and Lieut. MacDonough moved down the river with such vessels as were fitted for action and joined in the battle. An attempt of the British to HISTORY OF VERMONT. 147 land and gain the rear of the battery was prevented by 'the militia and the enemy withdrew with loss and sailed down the lake. The American Fleet Ready.— A few weeks later Lieut. MacDonough sailed out of the Otter Creek with his fleet and crossed to Plattsburg. He after- wards sailed down the lake to the Canada line, but nothing of importance happened till September. The Land Forces Gather.— The British in Can- ada had received large reinforcements of veteran troops released from European service by the first downfall of Napoleon, and Governor Prevost planned an expedition through the Champlain-Hudson Valley to New York. He commanded in person and advanced with a force of fourteen thousand men. The Ameri- can headquarters were at Plattsburg, where on the first of September was a force of barely two thousand effective men, commanded by Gen. Alexander Macomb. Gen. Macomb appealed to the governors and people of New York and of Vermont for help. The response of the Vermonters was prompt and patriotic. Partisan spirit had run high during the war, but the invasion of the country by a hostile army aroused the patriot- ism of all classes and of all parties. Not only from the lake shore but from Central and Eastern Vermont as well, came the volunteers ; old men with their sons and grandsons, farmers and men of the professions, Republicans and Federalists marched towards Platts- burg for the defense of their friends and firesides. Smith Morrill of Strafford, nearly seventy years old and lame, had four sons who marched for Plattsburg. He drove a two horse team carrying baggage. At 148 HISTORY OF VERMONT Burlington he wanted a gun to go to Plattsburg with, and wept when told that he must stay and take care of the team. The Rev. Benjamin Wooster of Fairfield, a pro- nounced Federalist, was holding a service preparatory to the celebration of the Lord's Supper, Thursday afternoon, Sept. 8. News of the danger to Plattsburg and of the call for assistance came to that assembly- Mr. Wooster volunteered with the men of his flock and others of his town. He had served in the Revolu- tionary War and his townsmen made him their cap- tain. They reported at Plattsburg the morning of the tenth, and were stationed for the day five miles south of the village. On the bright Sunday morning that followed they marched again toward Plattsburg to the sound of the great guns. At the same hour on other Sundays they had been accustomed to go with their families to the little church in Fairfield to worship under the guidance of their present leader the God of battles who is also the God of peace. Plattsburg Saved. — The village of Plattsburg is built on the Saranac River and Lake Champlain. The river runs in an easterly course for several miles til about one mile from where it enters the lake it takes a northeasterly course. The principal American fort was near the bend of the river and south of it. The south bank of the river is steep and high, and along this bank the Americans were posted. Gen. Prevost arrived September 6. He had suffered much from skirmishers who fired from sheltering wall or wood, then ran to the next cover and waited the approach of the invaders. They crossed the Saranac and tore up the bridges under a heavy fire. He spent the time till I HISTORY OF VERMONT. 149 Sept. 11, in bringing up his battering trains and sup- lies. Meanwhile the volunteers of New York and Vermont were coming in. The Vermonters chose Samuel Strong, one of their number, for their com- mander. They numbered twenty-five hundred the morning of the nth, and many more were on their way. The New York militia were less numerous. At eight o'clock the British fleet entered Cumberland Bay in front of Plattsburg. It consisted of sixteen ves- sels of all kinds, carding ninety-five guns and one thousand fifty men, commanded by Captain Downie. The American fleet consisted of fourteen vessels, carrying eighty-six guns and eight-hun- dred fifty men commanded by Lieut. MacDonough. The battle began at nine o'clock. Before noon the British fleet had surrendered. Their gun-boats escaped because the Americans had no means of pur- suit. As the naval battle began, Gen. Prevost opened fire from his batteries and attempted to cross the river at three points. At one point, defended by the New York militia a crossing was effected, but a body of Vermont militia coming up, the enemy were driven back with severe loss. After their defeat on the lake the British withdrew from their attempt to cross the river, and retreated the following night. This was the last important battle in the northern department, and the victory gained was celebrated with delight throughout the United States. The War Ended. — Four months later the country was rejoicing in the conclusion of peace with Great Britain and in the victory gained by Gen. Andrew Jackson at New Orleans. The causes on account of which the war was declared were not mentioned in the /jo HISTORY OF VERMONT. treaty ; but America had become assured of her strength, and Europe had learned that the young- republic was not to be despised. The people of Vermont had come to think more of their relations to the general government, and to realize that the United States was a nation of which they were citizens and of which they were but a part. As to Commerce. — Lawful commerce with Can- ada ceased when the embargo act of April, 1812, took effect. With the suspension of hostilities trade revived. Lake Champlain, lately the seat of war, was now free for the white winged messengers of peace. Among them came and went a craft, still strange, the steamer Vermont. This vessel was begun at Burlington in 1808, the year in which Mont- pelier became the capital of the State, and was completed in 1809, two hundred years from the first exploration of the lake by Champlain. This was the second successful steamer built, and for several years it was the only one on the lake. Its speed was about five miles an hour. The passenger sloops would race with it, and under favorable conditions would win the race. Steamboats. — The steamboat was perfected by a slow process. In August, 1787, John Fitch exhibited a new steamboat to the framers of the federal consti- tution at Philadelphia. Later in the same year James Rumsey exhibited a steamboat on the Potomac River to a large concourse of people. In 1795, Samuel Morey, of whom we have heard before, obtained a patent for his invention. Robert Fulton, who was kept well informed of these American experiments, was then studying the problem of steam navigation HISTORY OF VERMONT. 151 in Europe. He afterward returned to America, and in 1S07 built the first successful steamboat. The Vermont was lost in 1815. Another steamer, the Phoenix, built at Vergennes, was already running on the lake. In a few years more the Lake Cham- plain steamers were the finest in the world. The Course of Trade. — Previous to 18 12, the commerce of the Champlain Valley was chiefly with Quebec. During the war trade had been forced south- ward. Associations begun with the merchants of Troy and Albany continued after the war ended. Products of the valley were carried by water to Whitehall, thence by land to Troy and thence by river to New York. Merchandise from New York was brought to the lake towns over the same route in reverse order. Lumber was then one of the chief products of the valley. That could not be profitably transported to New York, but continued to be sent to Quebec by water. In 1823, the Champlain canal was opened for business, connecting Whitehall with Troy, N. Y. The first boat to pass through it was the Gleaner, from St. Albans, loaded with wheat and potash. It went forward to New York, welcomed by booming cannon, brass bands and dinners to the owners. This completed water-way caused great changes in the business of the valley. The lumber export was divided. Other exports went mostly southward. The imported merchandise came mostly from New York. Burlington, on account of its fine harbor, became the center of trade for Northwestern Vermont. Four- horse wagons loaded with merchandise went out into all the surrounding country and returned with the 152 HISTORY OF VERMONT. surplus products of the farms. The southwest part of the State traded with Whitehall and Troy, the eastern part with Boston, or by way of the Connecticut River with towns below and with New York. Locks were constructed around Bellows Falls, Sumner's Falls by Hartland and Olcott's Falls by Hartford. Large boats coming to Bellows Falls would be unloaded and their freight would be carried by, while smaller boats would be taken through the locks. In the winter a farmer who x had a good pair of horses would load a sled with the products of his farm and go to market to Troy, Albany or Boston, returning with supplies for his family and money to pay his taxes. Corresponding with the baggage wagons were stages, two- horse, four-horse, and sometimes six-horse stages, carrying the mails and passengers in all directions. On the great lines the passing stage, coming promptly on time, filled within and covered on top with passengers and loaded with trunks behind, was a fine sight. And in the late summer and early autumn, droves of cattle guided by men and boys passed along the highways toward the market. Many a youth who had wondered whence the stages came and whither they went gained his first view of the outside world by going to market as a drover's boy. The Erie Canal. a shining ribbon stretched between Lake Erie and the Hudson River, was completed two years later than the Champlain Canal, HISTORY OF VERMONT. 153 in 1825. This was of great advantage. The West was reached more easily and was settled rapidly. New York grew apace. Soon after the opening of the Erie Canal the wheat crop became unprofitable in Vermont on account of the ravages of insects, and western flour was brought in. Whitehall was an important distributing point for it. It was a gathering point for western emigrants as well. Teams from the Connec- ticut Valley often crossed the Green Mountains, carry- ing the persons and effects of emigrating families and returning with the product of the then far west. Some Effects of the War. — On account of the war and of the interruption of commerce before and during the war, an impulse was given to manufac- tures. Vergennes was distinguished as well for the manufacture of cannon shot as for the fleet built there, and it had furnaces, forges, a rolling mill and a wire factory. Distilleries, especially of potato whis- key, were multiplied during the war, and were numerous in all parts of the State. On the return of peace the conditions of business were changed so that many establishments became unprofitable and were given up. Local Manufactures. — The period considered in this chapter was one of local effort. Grist mills, and saw mills and carding machines and fulling mills and tanneries were thickly distributed through the State. Shoemakers, blacksmiths and tailors were numerous. The farmers would carry their hides to the tannery and take their pay in leather, which was carried to the shoemaker who produced from it boots and shoes for the family. But sometimes the shoemaker was an itinerant, who went from house to house carrying his 154 HISTORY OF VERMONT. tools in a sack on his back, and who boarded with the family while he made their shoes. If he lacked a last of suitable size for any member of a household, he would select a stick from the woodpile, shape it with an ax and construct upon it both shoes or boots of the required pair. In those days the local blacksmith had much more work than now. If a bolt was needed he would find a suitable rod, make a head upon one end, cut a screw upon the other and make a nut for it. He made the horseshoes that he used and the nails to fasten them on with. In the early part of this period the nails used by carpenters were made by hand in the black- smith's shops. Men's and boys' clothing' was made either at home or by the local tailor or tailoress. So the house furni- ture and the carriages used were mostly the products of local cabinet and carriage shops. Business Enterprises- — Several business enter- prises begun during this period still continue and have become famous. One of these was the manufac- ture of carpenters' squares, begun in Shaftsbury in 1 817, said to be the oldest and largest establishment of the kind in the world. The Fairbanks Scale works, established at St. Johnsbury about 1830, send their products to all countries. The Tuttle Company, Printers, Publishers and Stationers, established in 1832, the largest of its kind in the State. Estey organs have been made in Brattleboro since 1846, and now greet the traveler in every climate. A small business in marble was begun in West Rutland in 1836, and slate quarrying began in Fair Haven three years later. In 1 818 the Bank of Windsor and the Bank of Bur- lington were incorporated; these were the first banks HISTORY OF VERMONT. 155 after the State bank, which had already ceased to do business. The Vermont Mutual Fire Insurance Com- pany of Montpelier was established in 1827. The National Life Insurance Company was incorporated in 1848, and the Farmers' Mutual Fire Insurance Com- pany was established a year later. The Asylum for the Insane at Brattleboro was opened in 1836. Temperance Reform. — We have already seen that distilleries were numerous in the State, and that the people were much addicted to drink. In 1829, Abraham Stearns, of Woodstock, was part owner of a distillery and was a producer of gin. Just after midnight, the first day of November, he was told that his distillery was on fire. He said afterwards that the news brought him a feeling of relief, for he had not liked the business. Judge Henry, C. Denison heard the alarm and started for the fire, but when he came where he could see what was burning he turned back home and went to bed. That distillery was not rebuilt. A temperance reform had already begun. At first it was wholly a moral reform, but before the close of our period the sale of intoxicating drinks was restricted by law. Anti-Slavery. — Slavery was excluded from Ver- mont by her original constitution. The State has ever been true to the letter and spirit of that exclusion. Questions relating to slavery in other parts of the Union were always interesting to Vermonters, though they might differ in their replies to them. In 1820 the representatives in Congress from this State opposed the admission of Missouri as a slave State, and the Senators differed on the question. In 1825, the legislature resolved "That slavery is an evil to ij6 HISTORY OF VERMONT. be deprecated by a free and enlightened people, and that this general assembly will accord in any measures which may be adopted by the general government for its abolition in the United States, that are consistent with the rights of the people and the general harmony of the States." In 1835, petitions were presented to the legislature praying for action in favor of the abolition of slavery in the District of Columbia, and an anti- slavery lecturer was publicly insulted in several large towns of the State. The next legislature declared by resolution, "That neither Congress nor the State governments have any constitutional right to abridge the free expression of opinions, or the transmission of them through the public mail; and that Congress do possess the power to abolish slavery and the slave trade in the District of Columbia." So far the oppo- nents of slavery had not formed a political partv in Vermont, but in 1841 the anti-slavery men nominated a governor and secured votes enough to prevent an election by the people. From this time the anti- slavery party continued under different names till slavery disappeared. In 1S43, when the struggle for the right of petition in the Federal House of Representatives was at its height, and about two months after the Liberty Partv, in national convention at Buffalo, N. Y., had denounced slavery and called upon the free States to prevent the return of fugitive slaves, the legislature of Vermont enacted a law, of which two sections follow: "No sheriff, deputy sheriff, high bailiff, constable, jailer or other officer or citizen of this State shall here- after seize, arrest or detain, or aid in the seizure, arrest or detention, or imprisonment in any jail or other building, belonging to this State, or to any county, HISTORY OF VERMONT. 157 town, city or person therein, of any person for the reason that he is, or may be, claimed as a fugitive slave. "No sheriff, deputy sheriff, high bailiff, constable or other officer or citizen of this State shall transport, or remove or aid or assist in the transportation or removal of any fugitive slave, or any person claimed as such, from any place in this State to any other place within or without the same." In the summer of 1850, after a long and heated dis. cussion in Congress, a new fugitive slave law was passed, providing for the arrest of runaways by United States officers, and denying to the runaways the right to testify when claimed as slaves. The Vermont leg- islature, in the autumn of the same year, responded with the following enactment : "It shall be the duty of State's attorneys, within their respective counties, whenever any inhabitant of this vState is arrested or claimed as a fugitive slave, on being informed thereof, diligently and faithfully to use all lawful means to protect, defend and procure to be discharged, every such person so arrested or claimed as a fugitive slave. "It shall be the duty of all judicial and executive officers in this State, in their respective counties, who shall know, or have good reason to believe, that any inhabitant of this State is about to be arrested or claimed as a fugitive slave, forthwith to give notice thereof to the State's attorney of the county in which such person resides." Conflict with the federal government was guarded against in these enactments by the section following: "This act shall not be construed to extend to any citizen of this State acting as a judge of the circuit or IS 8 HISTORY OF VERMONT. district court of the United States, or as marshal or deputy marshal of the district of Vermont, or to any person acting under the command or authority of said courts or marshal." Education. — Common schools were maintained throughout the vState. A small part of the expense was provided for by the towns. Money for this purpose was derived from the income of school lands and from a tax on the grand list of the town, laid first on the property of residents only, but after 1818 on the property of non-residents as well. In 1838 the State received the sum of $669,086.74 as a deposit of her share of moneys accumulated in the national treasury and not needed for the support of the govern- ment. This money is apportioned to the several towns in proportion to their population and the income at six per cent is devoted to the support of schools. When this money was received by the State, the annual income at the rate named was about fourteen cents for each inhabitant of the State. Now it is about twelve cents for each person. The part of the cost of schools not furnished by the towns was provided for by the school districts, and much of it was collected of the parents of children in attendance as a charge for tuition. In 1827 provision was made by the legislature for the examination and licensing of teachers and for the supervision of schools by town committees; also a Board of Commissioners for the State authorized to select text-books for the schools and to study the educational needs of the State and report, was pro- vided for. These provisions of the law were repealed after six years and supervision of schools ceased till HISTORY OF VERMONT. i 59 1845, when a law was enacted providing for town, county and State supervision of schools. Town and county superintendents were to examine and license, and to inspect the schools and report. After four years the office of county superintendent was abol- ished. The period before us was one of large families. The schools were full. The high school was not then a part of the common school system. Its place was supplied by the academies. These were numerous and were filled with students, who were there prepared for college or for the study of a profession or for business. During this period, in 1820, the Norwich University, a military school having the rank and privileges of a college, was established at Norwich. It has since been removed to Northfield. A medical college was begun at Castleton in 1818 and another was opened at Woodstock in 1830. Both institutions flourished and were useful in their time, but they have ceased to exist. Churches. — A Unitarian church resulted from a division of the Congregational church in Burlington, in 1 8 10. A few other churches of this denomination have since been formed in the State. A few Roman Cath- olic families came to Vermont at an early day, but no effort at organization for public worship was made till 1830, when a missionary was sent into the State. Two other missionaries were soon added. Congregations of this denomination of Christians are now found in all the larger and in many of the smaller towns. Visit Of Gen. Lafayette. — An interesting event of this period was the visit of Gen. Lafayette to the State in 1825, in accordance with an invitation of the 160 HISTORY OF VERMONT. legislature of 1824. Having participated in the cele- bration at Boston of the Battle of Bunker Hill on the ryth of June, the General and his suite came to Ver- mont, entering the State at Windsor, June 28, where he was met by the Governor's staff. He was welcomed by addresses, by the revolutionary soldiers of the vicinity and by crowds of people at Windsor, Wood- stock, Royalton, Randolph, Montpelier and Burling- ton, where he laid the corner stone of the south building of the University of Vermont, and where an elegant reception was prepared by Gov. Van Ness. The gatherings of the old soldiers, the review of the struggles for Independence and the presence of the most popular hero among the European auxiliaries of the rising republic tended strongly to enlarge the view and to nourish the patriotism of our people. Imprisonment for Debt. — One incident con- nected with the visit of Gen. Lafayette must not be omitted. Gen. William Barton, who as Lieut. Col. of militia, with a few men captured the British General Prescott in July, 1777, near Newport. R. I., had become involved in debt in Vermont, and in conse- quence had been kept in jail at Danville for thirteen years. Gen. Lafayette learned of the condition of his former friend and paid the debt, enabling Gen. Barton to return to his family in Rhode Island. Imprisonment for debt, quite akin in its spirit to some of the punishments already mentioned as having passed away, was abolished in 1838. Matches. — The history of this period would not be complete without notice of the introduction of fric- tion matches about midway of it. No longer "The curfew tolls the knell of parting day," nor does the HISTORY OF VERMONT. i6r "busy housewife," not sweetly, delay her breakfast while the small boy, sent to the neighbors for fire, loiters to pick the luscious raspberry, and smears his luckless face with its tale-telling juice. One match is a little thing, but the changes in our mode of life that it has helped to make possible are not small. Farm Machinery. — It was during this period, too, that the threshing machine and the horse-rake made their appearance, by the aid of which and of other machines a much smaller number of farm hands than were formerly employed can grow and gather larger crops than were formerly secured. Railroads. — Before 1830, railroads and locomo- tives had been introduced in the United States. Before 1840, Boston had become a railroad center, and the Vermont legislature had granted a charter for a railroad from Lake Champlain to the Connecticut River. Under this first charter nothing was accom- plished and another charter was granted in 1843. Ground was first broken for the road al Windsor in 1845. The first rail was laid at White Rivtr Junction in 1847. The first passenger train run in Vermont passed over this road from White River Junction to Bethel, June 26, 1848. The Vermont Central and the Rutland and Burlington railroads were opened to Burlington in 1849. Within three years from this time railroads were opened from White River Junction to St. johnsbury. from Essex Junction to Rouse's Point, from Rutland to Bennington, to Whitehall and to Troy, N. Y. Rutland at once became the business center for a large part of the State. 1 62 HISTORY OF VERMONT. it freqt were entry. favor Burlington soon renewed its lum- ber trade, bring- ing its lumber in rafts through the Richelieu River and Canal from Canada — pine from the Ottawa Valley and spruce ■- from Quebec — ja and distributing it < at various stage £ of manufacture t c all parts of the 2 Eastern States. Every kind of \ business was af- c o fected by the rail- | roads. The pro- duce of the farms a n d merchandise from the cities were transported more cheaply and m ore qu i c k 1 y . Travel was made easier. The mails were carried more swiftly and were delivered more Changes then recent in the postal laws able to a rapid development of the mail HISTORY OF VERMONT. 163 service. The rates of postage in the beginning of our government were very much higher than they are now. The postage on a letter was paid by the receiver and varied according to the distance from which it was brought. Here are the rates for letters •established by law in 1816: Each letter conveyed not more than 30 miles, 6 cents; over 30 miles and not more than 80 miles, 10 cents; over 80 miles and not more than 150 miles, 12.5 cents; over 150 miles and not more than 400 miles, 18.75 cents; over 400 miles, 25 cents. Private expresses carried much mail matter. They became responsible for its safety, and carried at a less price than the government charged. In 1845, by act of Congress the following rates were established for letters weighing one-half ounce or less: Each letter conveyed not over 300 miles, 5 cents ; over 300 miles, 10 cents, and the business of carrying the mails was forbidden to private parties. Two years later the use of adhesive stamps to pre- pay postage was authorized by act of Congress, and in 1856 their use was made compulsory, Before the first railroad train was seen in Vermont, laws had been enacted to regulate the construction of telegraph lines in the State. So was the way prepar- ing for new economical conditions and a new social state. LAKE BOMOSEEX. 164 HISTORY OF VERMONT. CHAPTER VIII. THE CIVIL WAR. The Anti-Slavery Vote.— In 1853 the anti-slavery vote for governor was large enough to prevent an elec- tion by the people. In 1854 a vacancy in the Senate of the United States was to be filled by the legislature of Vermont, and Lawrence Brainerd, a Liberty Party man of 1841, was unanimously elected senator. In 1856, the State, by a large majority, chose electors to vote for John C. Fremont, the Republican candidate for President of the United States. Growth of the National Idea.— During the last war with Great Britain the people of Vermont had exalted the authority of the State at the expense of the authority of the nation. Many of them disputed the right of the federal government to call the militia of a State to act beyond the borders of the State, except in certain cases specified in the constitution of the United States. But the near approach of a hostile army aroused their patriotism and dispelled their scru- ples. Every huzza and bonfire and booming gun for victories on land and lake and ocean, impressed more deeply the thought that the United States is a nation ; and the discussions of the tariff laws and of the Mis- souri compromise and nullification and the fugitive slave law, helped to emphasize the thought. Should there come rebellion on account of slavery, the posi- tion of Vermont was not doubtful. HISTORY OF VERMONT. 165 The Southern Claim.— Rebellion came. The people of the South were accustomed to slavery. To them the terms master and slave expressed rela- tions necessary among men, and so, right. They held that slaves were property, and claimed the right to take that property into any part of the Union and have for it the protection of law. The Purpose of the North.— To the people of ; the North the same terms suggested the reversal of fundamental laws. The permission of slavery in ter- ritory controlled by the national government was, in 1 their judgment, a great wrong. Slavery had no rights i and should have no protection beyond the States in . which it already existed. Only by excluding it from I the national domain could the nation purge itself from ( the greatest sin of the age. Such was the belief of the ( Republican party. The issue was joined in i860, and I the Republicans were victorious in the election of I Abraham Lincoln President of the United States. Secession. — The slaveholders saw that thepredom- I inance of the Republican party meant that there should 1 be no more Slave States, while the number of Free States, already in the majority, would soon be greatly increased. The privileges of their pet institution would be diminished, and perhaps ultimately the institution itself would be overthrown. At any rate the day of their supremacy in the Union was past. Rather than remain in the Union shorn of their for- mer influence they preferred to dissolve the Union. In December, i860, a State convention of South Caro- lina passed an "ordinance of secession," declaring the State of South Carolina to be separate from and independent of the United States. In the course of 1 66 HISTORY OF VERMONT. the following month similar ordinances were passed by conventions in Mississippi, Florida, Alabama, Georgia, Louisiana; and by a convention in Texas, on the first day of February, 1861. The conventions of the seceded States appointed delegates, who met at Mont- gomery, Alabama, February 4, adopted a provisional constitution, and elected a President and a Vice-Presi- dent of their provisional government, who were inaugu- rated February 18. Forts, arsenals, dock-yards, a navy- yard, ships and other property of the United States, within the seceded States, had been seized by the States and were turned over to the Confederate govern- ment, as soon as it was organized. Officers of the United States army and navy resigned their commis- sions and entered the service of the Confederacy. At only four places — Pensacola, Key West, Charles- ton, S. C, and at the moiith of the Chesapeake Bay — were any fortifications left to the United States, from the Rio Grande to the Potomac. Hostile forts and batteries were building for the reduction of two of these and within the range of their guns, but their commanders were forbidden to fire upon them. The Star of the West, a government steamer, sent from New York with reinforcements and supplies for Fort Sumter, at Charleston, was fired upon by the Confeder- ates and compelled to return. Senators and Repre- sentatives in Congress from the Southern States left their seats and went home. The New Administration. — President Lincoln was inaugurated March 4, and in his inaugural address expressed his determination to do what he could to preserve the Union. The affairs of the government .had been left in the greatest confusion. The men HISTORY OF VERMONT. 167 'i called to the administration of affairs were not famil- iar with their duties. What measures the Northern States would sustain was unknown. What will result, peace or war ? was the question of many loyal men. Fort Sumter. — April 6th, a messenger from Maj. Anderson, commander of Fort Sumter, announced to the authorities at Washington that his provisions would not last beyond the middle of the month, after which, if not supplied, the garrison must starve or sur- render. On the 8th, notice was given to the Governor of South Carolina that the fort would be supplied at any cost. A fleet was already on its way from New York with provisions and other supplies. After com- munication with Montgomery the surrender of the fort was demanded by Gen. Beauregard, the Confed- erate commander. The surrender was refused. At half past four o'clock in the morning of April 12, an attack was begun from all sides. The fort was sur- rendered April 14. Seven thousand men had over- come seventy men. The Confederate States had made war upon the United States. The President's Call.— April 14, President Lin- coln issued a call for seventy-five thousand men, and a call for Congress to meet July 4. The quota of Vermont was one regiment of infantry of seven hun- dred eighty men. The First Regiment. — None of the Northern States were prepared for war. Vermont had a few companies of militia, but they did not contain so many men as were required, and they were not properly armed and equipped. But recruiting began at once. Arms and clothing were procured as speedily as pos- sible. At the end of the month everything needed had i68 HISTORY OF VERMONT. been provided; and May 2, the First Regiment of Vermont Volunteers encamped in Rutland. The regi- ment was mustered in to the United States' service May 8, left Rutland the next day and reached Fortress Monroe, Va. , the 13th. Vermont Aroused. — It had been a busy month in Vermont. On the day of the surrender of Fort Sum- ter the Governor issued a call for the troops required and a call for the legislature to meet in extra session April 25, to make provision for raising and arming the forces needed. Meanwhile in all parts of the State meetings were held in which speeches were made and resolutions adopted expressive of a determination to maintain the government and the Union at every cost. Money for the equipment of volunteers and the sup- port of their families was pledged by individuals and by corporations; and the representatives of the towns were instructed to make liberal appropriations of money and to provide for men to carry on the war. The women added to their household duties the mak- ing of the uniforms for the soldiers, and two hundred Burlington women resolved to consider all their time and all their energies sacred to the purpose of restor- ing the authority of the government. The legislature met at the time appointed, and in three days had adjourned and gone home. They had appropriated, by unanimous vote, one million dollars for the defence of the nation, and had provided for organizing, arm- ing and equipping six full regiments for a term of two years. Volunteers for two regiments were called for. May 7; and before May 1 1, men enough for five regi- ments had offered their services. Vermont was aflame with patriotic ardor. The whole North kindled with like enthusiasm. HISTORY OF VERMONT. 169 The South Aroused. — The same events that aroused the North aroused the South. From all the seceded States volunteers rushed towards Charleston. The border States made angry response to President Lincoln's call for troops. North Carolina, Arkansas, Tennessee and Virginia seceded ; Kentucky and Mis- souri attempted to maintain a neutral position. After the secession of Virginia, Richmond became the capi- tal of the Confederacy. The northernmost Confed- erate States, on the Fourth of July, when Congress met, were Virginia, Tennessee and Arkansas. The task before the nation was to overcome rebellion in these States and in those south of them. The struggle lasted four years.. At the end victory for the Union was complete. The Main Lines. — The main lines of military operations were along the Mississippi River in the west, around Washington and Richmond in the east, and from the Kentucky and Tennessee rivers to and down the Savannah River in the center. Other mili- tary operations on the part of the Union forces were for the recovery of the seaport towns, or were auxil- iary to their main lines of effort. The Vermont troops were employed in the eastern division and at the south end of the Mississippi valley. Contraband Of War.— The First Vermont Regi- ment was commanded by Col. John W. Phelps, a native Vermonter and a graduate of the West Point Academy, who had seen twenty-three years of honor- able service in the army of the United States. Its Lieut. -Col. was Peter T. Washburn, afterwards Gov- ernor of the State. Its first movement against the enemy was in a reconnoissance to the village of Ho HISTORY OF VERMONT. Hampton, a few miles from Fortress Monroe, under- taken May 23, under Col. Phelps, and memorable from the fact that on their return the party was accom- panied by a number of slaves who were anxious to know what would be done with them. Col. Phelps told them that he should do nothing with them; they could go where they pleased. Two days later a messenger from Hampton appeared at the Fortress and asked for the return of slaves who had sought refuge there, when Gen. Benjamin F. Butler, then in command, announced the doctrine that slaves were "contraband of war," and refused to return them. A portion of this regiment, under Lieut. -Col. Washburn, encountered the enemy and engaged in actual fighting, with great credit to themselves, at Big Bethel, a ham- let ten miles distant from Fortress Monroe, on the 10th of June. The attack on Big Bethel, led by Gen. E. W. Pierce, of Massachusetts, with about two thou- sand men, was not successful; but the Vermont three- months men exhibited a steady courage that won them praise. This regiment served nearly four months, and was mustered out at Brattleboro, August 16. More than six hundred of these men re-enlisted in the army, and two hundred fifty of them held commissions before the war was over. The Muster.— Before the return of the First Ver- mont, the Second and the Third had gone to the front, and the Second had exhibited good soldierly qualities in the battle of Bull Run, the first great battle of the war, fought July 21, thirty-five miles from Wash- ington, on the road towards Richmond. The Union army was defeated and retired to Washington. Three days after this battle the Third Vermont Regiment was sent forward, and a week later Gov. Fairbanks HISTORY OF VERMONT. 171 called for two more regiments, in anticipation of a further call from the federal government. The magni- tude of the war for the Union began now to be appre- ciated, and the people of the whole North devoted themselves to the prosecution of it with more serious determination. The Fourth and Fifth Vermont regiments reached Washington in September; the Sixth in October, and the First Vermont Cavalry in December. In nine months from the first call for troops Vermont had sent forward one regiment for three months and six regi- ments for three years. She had also raised three com- panies of sharpshooters and a light battery that had been mustered into the service of the United States. Early in 1862 another battery was mustered in and two more regiments, the Seventh and the Eighth ; these, with the two batteries, were sent to Ship Island, Mississippi, where they were welcomed by Gen. Phelps, formerly Colonel of the First Vermont, and Gen. Butler, whom we saw at Fortress Monroe. Before the end of October three more regiments for three years, the Ninth, Tenth and Eleventh, and five regi- ments, the Twelfth, Thirteenth, Fourteenth, Fifteenth and Sixteenth, for nine months, had been forwarded to Washington. No new regiments were furnished in 1863. The Third Vermont Battery was mustered in January 1, 1864, and the Seventeenth Vermont Regi- ment in March and April of the same year. The Service. — The service of the First Vermont Regiment was in the neighborhood of Fortress Mon- roe, in Virginia. The Seventh Vermont served in New Orleans, at Vicksburg and Baton Rouge on the Mississippi, and at Pensacola, Fla., and Mobile, Ala. After the close of the war this regiment was sent, as a ij 2 HISTORY OF VERMONT. part of an army of observation, to the banks of the Rio Grande, in Texas, to watch the progress of events in Mexico, where an attempt was making-, with the aid of France, to establish an empire. The scheme failed, and the regiment was mustered out and sent home, reaching Brattleboro in April, 1S66. The Eighth Vermont saw service in Louisiana and Mississippi, and later (1864) in the Valley of Virginia, where it did valiant fighting under Col., afterwards Gen., Stephen Thomas. The vSecond, Third, Fourth, Fifth and Sixth Ver- mont regiments were brigaded, as the First Vermont Brigade, in October, 1861. This brigade had its full share of marching and fighting in Gen. McClellan's campaign against Richmond, and performed distin- guished service at Savage's Station and White Oak Swamp; also at Fredericksburg, under Gen. Hooker, in the Wilderness and at Spottsylvania and Cold Har- bor, during Gen. Grant's advance against Richmond, in the Valley of Virginia at Winchester and Fisher's Hill and Cedar Creek, and led in the final assault on Petersburg in April, 1865. The Ninth Vermont reached Washington in July, 1862, and was sent to Winchester. Va., then to Har- per's Ferry, just in time to be surrendered, with the rest of the army there, in September. The regiment was paroled and sent to Chicago for the winter ; after it was exchanged in the spring the Ninth served in Southeastern Virginia, and then in North Carolina, and was ordered to join the army of Gen. Grant in Septem- ber, 1864. A portion of this regiment, under Capt. A. E. Leavenworth, was the first Union infantry to enter Richmond after its evacuation by the Confederates under General Lee. HISTORY OF VERMONT. 173 The Tenth and Eleventh regiments were engaged in all the battles in which the First Brigade took part, be- ginning with Spottsylvania and the battle of the Monoc- acy. The Second Vermont Brigade was composed of the five regiments of nine- monthsmen already named. Its most distinguished ser- vice was at Gettysburg, where, under Gen. George J. Stannard, it helped to repulse the severest charge of the three days battle. A ''State Monument" has recently been placed on the ground "where Stannard's Brigade fought," and dedi- cated with appropriate cere- monies. It is of Vermont granite, 50 feet high, a statue of Gen. Stannard in bronze 1 1 feet, sub-base 5 feet ; total height, 66 feet. The Seventeenth Vermont Regiment "marched from the mustering ground into the carnage of the Wilder- ness, placed the name of a bloody battlefield on its col- ors for almost every month of its service, and was under almost constant fire till 3 Richmond fell." GETTYSBURG BATTLE MONUMENT. i~4 HISTORY OF VERMONT.. The First Vermont Cavalry took part in seventy- six engagements in Virginia, Maryland and Pennsyl- vania. Richmond was captured April 3, 1865. Gen. Lee surrendered at Appomattox Court House, April 9. The war was soon ended. Before autumn the Vermont troops, except the Seventh Regiment, had returned to their homes. In his "Vermont in the Civil War," the Hon. G. G. Benedict says: " In proportion to her population more sons of Ver- mont fell in battle and more gave their lives to the cause of the Union than of any other Northern State. "The Vermont regiments, batteries and companies comprised about twenty-nine thousand men. Of their original members nearly two thousand re-enlisted to serve till the close of the war, and nearly two thousand conscripts paid the commutation fee, which would secure the enlistment of a volunteer, and was accepted by the military authorities as equivalent to furnishing a man. The final aggregates upon the books of the Adjutant-General of Vermont were as follows : Enlisted in Vermont organizations, .... 28,967 Veterans re-enlisted, 1,961 Enlistments in the regular army and navy, . 1,339 Drafted men who paid commutation, . . . 1,971 Whole number of men furnished by the State, 34,238 "This total was less by one thousand four than the number credited to the State by the War Department, which was 35,242, many enlistments of Vermonters in the regular army and navy having apparently been reported at Washington which were not reported to the State authorities. At the close of the war the HISTORY OF VERMONT. i 75 State stood credited with a surplus of one thousand five hundred thirteen men over her quotas, under all calls. "This number was furnished from a population com- prising' less than the average proportion of men of military age. The general percentage of males between the ages of eighteen and forty-five in the country in i860 was 20.80. In Vermont the percent- age was 19.27. The total population of Vermont at the outbreak of the war was 315,098; the total number of men subject to military duty was 60,719. Of the total population of Vermont one in every ten enlisted. Of her able-bodied men of military age, every other one shouldered his musket and went to fight for his country. With a total valuation of property for taxa- tion in 1 86 1 of a little over $85,000,000, the State expended $9,887,353 for war purposes, of which amount $5,215,787 was expended by the towns without expec- tation or realization of repayment. In her treasure, as in her lives, Vermont gave something more than her share to the country's cause. The brilliancy and value of the service rendered by the Vermont troops is denied by no student of the history of the war; and impartial judges admit it to be remarkable that the troops of one State, who constituted but an eighteenth part of the army, should have had a leading part in so many of the most decisive campaigns and battles of the war. If some of this distinction was their good fortune, it will not be denied that most of it was due to their quality as fighters. "It is because these Green Mountain bayonets were thinking bayonets; because the courage of these men was manly courage ; because its underlying" principle was devotion to duty ; - because the service was patriotic service, that it is worth commemorating." 176 HISTORY OF VERMONT. The State continues to show its appreciation of the defenders of the Union by its support of the Vermont Soldiers' Home, established at Bennington and incor- porated in 1884. \ER.MONT SOLDIEK.s' HOME. St. Albans Raid.— At the beginning of the war, St. Albans was a town of near four thousand inhabi- tants, the center of business for half a county. Several livery stables and three banks were among its business institutions. There were three good hotels there in 1864, and the Welden House, since well known to travelers, was in process of construction. Strangers wore coming to town daily, and a few more or a few less attracted no attention. October to. five came to town, three stopping at one hotel and two at another. The next day three more came and the eight spent a full week in studying the town, but exciting no sus- picion. On the 1 8th and 19th others came. There were now in town more than twenty, distributed among the three hotels. They were Confederate guerillas who came from Canada in aid of the rebel- HISTORY OF VERMONT. 177 '78 HISTORY OF VERMONT. lion. An unusual number of the citizens were out of town. The day was cloudy. Rain was threatened. The streets were remarkably quiet. At three o'clock in the afternoon of the 19th the banks were entered and robbed, while a part of the company guarded the approaches. Then, taking horses from the livery stables and saddles from the shops, the party rode away northward in small groups and escaped into Canada with $208,000. An alarm had been given before the raiders left. The citizens began to gather and some shots were fired. One American was wounded mortally and one raider severely. To guard against further incursions a company of infantry home- guards was organized at St. Albans, and two com- panies of cavalry were raised in the northern part of the State, which constituted the first regiment of frontier cavalry. WHITE RIVER. HISTORY OF VERMONT. 179 CHAPTER IX. CHANGES. EDUCATION. Population. — The population of the State in i860 was 315.098; in 1870, 330,551; 1880, 332,286. The population diminished in the ten years from 1850 to i860 in 136 towns; from i860 to 1870, in 144 towns; from 1870 to 1880, in 135 towns. Representation. — One of the results to Vermont of the census of 1850 was the reduction of the number of her representatives in Congress to three. This number was retained for thirty years, since which the State has had but two representatives in Congress. The congressional districts of the present day corres- pond very nearly with those of 1791. The County. — We have seen that the county took on a new character with the introduction of the senate in 1836. A further development of that character occurred in 1850, upon an amendment of the State con- stitution requiring the election of the chief county officers to be made by the freemen of the county. This change was effected by the adoption of amendments fourteen to twenty, inclusive. Another step in the same direction was taken soon after by the legislative enact- ments in respect to the sale of intoxicating liquors and requiring the election of county commissioners. By reason of a still later enactment, that of 1872, author- izing the county judges to order the assessment of an annual tax, the county has been endowed with another function, and is now a self- taxing body. i So Hr STORY OF VERMONT. Changes in the Constitution.— In 1870 the con- stitution of the State was so amended as to provide for biennial sessions of the legislature in place of annual sessions, and for biennial instead of annual terms of office for State and County officers. In 1880-83, a fa- ther amendment of the constitution was made, adding the Secretary of State and the Auditor of Accounts to the list of officers to be chosen by the freemen of the State. By legislative enactments of 1880, women are empowered to vote in school districts and in town meetings for school officers, and to hold school offices and the office of town clerk. The legislative provision (1824) for the choice of presidential electors by the freemen; and the constitu- tional amendments, requiring the election of county officers (1850) by the freemen; and increasing the number of State officers (1883) to be chosen by the freemen, are worthy of notice for their extension of the direct power of the people. Industrial Changes. — Some important industrial changes have taken place during the last fifty years. The introduction of agricultural machinery has led t,o a very general substitution of horses for oxen in farm work. The shortening of fhe time of harvest, partic- ularly of the haying season, gives time for much work in the fall that was formerly done in the spring, and brings the seeding time to close at an earlier period. The feeding of western grain and the use of artificial fertilizers are new departures in agriculture, and the introduction of cheese factories and creameries is still more recent. HISTORY OF VERMONT. 181 The local manufacture of boots and shoes has nearly ceased, and men's and boys' clothing is mostly brought from the cities ready made. Many ladies make their selections by samples and purchase their dress goods from the great retail stores of Boston, New York and Philadelphia. These are only samples of changes completed or in progress. The City and the Country.— The influence of the city upon the country has greatly increased since the introduction of railroads. The chief summer resorts have become such within the era of rapid travel. Manchester and Newport and Stowe and a score of other places owe their celebrity to the easy commu- nication between the city and the country. The tele- graph and the telephone bring important news quickly to every hamlet, and the afternoon mail brings the morning daily paper from the city to almost every town in the State. Heligious Activity. — Some changes in the modes of religious activity are evident and are significant of new conceptions on the part of Christian people. It is sufficient here to notice the general omission of an afternoon preaching service in the churches; the greater prominence of the Sunday school ; the great number of young people's religious societies, many of them including several denominations, and the struc- ture of the modern church edifice* Once a single audience room, with a small entrance hall, was all that was required for a church building ; now, in addition to these, a lecture room, parlor and kitchen are pos- sessed or sought for by nearly every church in the State. 1 82 HISTORY OF VERMONT. The State and Education.— A State Board of Education was created in 1856, with authority to appoint a secretary, who should devote his whole time to the promotion of education in the State. The first secre- tary, J. S. Adams, Esq., of Burlington, served eleven years with great ability and enthusiasm. By his lec- tures, teachers' institutes and reports he aroused the people to new efforts in behalf of their schools. Till 1864 a portion of the expense of the schools might be, and in many districts was, laid on the scholars attend- ing the schools. Since that time the common schools have been supported wholly on the grand list or from the income of public funds. The graded school for our villages, with a high school for one of its depart- ments, became an essential part of our school system during the period of Mr. Adams' service, and normal schools were established for the training of teachers. In 1874 a State Superintendent of Education was sub- stituted for the Board of Education and its Secretary, but with no important change in the school system of the State. In 1888 a system of county supervision was introduced in place of town supervision, and is now on trial before the people. The Huntington Fund.— The Huntington Fund, a gift to the State of Vermont by Arunah Huntington, a native of Vermont, who acquired wealth in Brant- ford, Canada, became available in 1886. The interest is divided annually among the towns in proportion to their population. The amount of this fund is $211,131.46. Reform School.— The Vermont Reform School, an institution for the education of criminal youth, was established in 1865, at Waterbury, and was afterwards HISTORY OF VERMONT. 183 removed to Vergennes. It is a school of manual as well as of mental training. Its purpose is to shield its inmates from bad influences and to enable them to engage successfully in some honorable pursuit. RANDOLPH NORMAL SCI OOL. Randolph Normal School.— The Orange County Grammar School of Randolph was incorporated in 1806. It had been in operation several years at that time. It continued as a county grammar school, or academy, till 1S66, when it became a normal school by the action of the trustees. Ey the acceptance of the conditions of an act of the legislature of 1866 it passed under State patronage and control February 26, 1867. Since that time it has sent out Si 7 graduates from its first course of study, the most of whom have taught in the public schools. 184 HISTORY OF VERMONT. JOHNSCN NORMAL SCHOOL. Johnson Normal School.— The Johnson Acad- emy began in a shoe shop, somewhat revised, in 1828. A few years later a new building was provided for it, and in 1836 it was incorporated as the Lamoille County Grammar School. In 1866 its building was enlarged, and in December of that year the school was approved by the Board of Education as a State Nor- mal School. Ii began work under State supervision February 26, 1867. The whole number of its first course graduates is 430. Castleton Normal School.— October 15, 1787, it was enacted by the General Assembly of the State of Vermont, " That the place for keeping a county gram- mar school in and for Rutland county shall be at the house commonly known by the name of the New School House, near Dr. William Woolcott's, in said Castleton; provided, that the county of Rutland shall HISTORY OF VERMONT. 185 1 86 HISTORY OF VERMONT. not be at any cost in completing or repairing the same. " The Rutland County Grammar School still exists, and it is the oldest chartered educational institution in the State. At a special meeting of the Board of Educa- tion, held at Castleton, August 22 and 23, 1867, a proposition, made by the Trustees of the institution named above, to the Board, to make it a normal school, was accepted, and the State Normal School at Castle- ton was established. The whole number of first course graduates from this school is 348. Normal Schools.— The normal schools are under the supervision of the Superintendent of Education. Each has two courses of study which together extend through three and one-half years. The State offers to pay the tuition of one student from each town in the State, and vacancies may be filled from other towns. University of Vermont.— The University of Vermont was chartered in 1 791. Its first class entered in 180.0 and graduated in 1804. The college buildings were occupied for military purposes, and college work was suspended during a part of the war of 181 2. In 1824 the college building was burned. The corner stone of a new building was laid the next year by Gen. Lafayette. The medical department, first established in 182 1, and afterwards suspended, was revived in 1853. The Vermont Agricultural College was char- tered in 1864, and the next year was incorporated with the University. A farm and experiment station were added in 1888. Instruction is given in three depart- ments: The Department of Arts, including The Course in Arts, The Literary-Scientific Course. HISTORY OF VERMONT. 187 The Department of Applied Science, including A Course in Civil Engineering", A Course in Theoretical and Applied Chemistry, A Course in Agriculture and Related Sciences, A Course in Metallurgy and Mining Engineering. The Department of Medicinf. The laboratories of the University are ample, ' and it has a valuable Museum and an Art Gallery. The Billings Library, one of the finest buildings of its kind in the country, contains a library of about forty thousand volumes. The University admits both men and women as stu- dents, except to its course in medicine, which is for men only. In its roll of graduates are found the names of men eminent in all departments of human activity. The number of graduates, to and including 1890, in The Department of Arts, is 1,000 The Department of Applied Science, . " 10 1 The Department of Medicine, ... " 1,368 Total, 2,469 1 88 HISTORY OF VERMONT. Middlebury College.— Middlebury College is pleas- antly situated near the Otter Creek, in a region remark- able for its fertility, health- fuiness and natural beauty. Westward are the mountains beyond Lake Champlain; eastward, the Green Moun- tains. Within a few hours ride are Grandview, the highest of the Red Sand- roek mountains ; Bread Loaf Inn on a high plateau and • Lake Dunmore, a beautiful 1 sheet of water at the foot of I hig'h mountains, all famous g summer resorts. Middlebury College was the first in Vermont to send out graduates. It was char- tered in 1800, and held its first commencement in 1802. It is now open to students of both sexes, and offers two courses of study, the Clas- sical Course and the Latin Scientific Course. The cab- inet, laboratories and library are sufficient for the present needs of the College. The faculty consists of a presi- dent and eight professors. Among the distinguished graduates from this col- lege, the following residents of Vermont may be men- tioned: Governors Stephen Royce, William Slade, HISTORY OF VERMONT. 18? John W. Stewart; Prof. R. D. C. Robbins; John G. Saxe, the poet; Edward J. Phelps, recently Minister to England. A few of those who have gained distinc- tion in other States are Samuel Nelson, the jurist; Silas Wright, the statesman ; Truman M. Post and J. ,j E. Rankin, clergymen; Henry N. Hudson, editor of 'Shakespeare; Stephen Olin, John J. Owen, James D. ' Butler, Jonathan A. Allen and George N. Boardman, j educators. The whole number of graduates from the i institution, to and including 1890, is 1,352. I Norwich University. — Norwich University grew 1 out of a military school, begun at Norwich, in 181 9, by Capt. Alden Partridge. It was incorporated in ( 1834, and held its first commencement in 1836. The institution was removed to Northfield in 1866. It offers instruction in four regular courses, those of Science and Civil Engineering, of Chemistry and Physics, of Science and Literature, of Arts. This was the first institution in the country to lay down a purely scientific course of study, and, up to the time of the Rebellion, the only one which embraced in its curric- ulum thorough military, classical and scientific courses. This institution contributed 273 commissioned officers to the country in the Mexican War and the Civil War. The whole number of its past cadets is about 1,500, and of its graduates about 300. The Vermont Colleges. — In accordance with leg- islative enactments of 1884 and 1888 the State offers thirty scholarships to each of her three colleges. A scholarship pays the tuition and room rent of a student. Persons may be appointed to these scholarships by the State Senators of the several counties, or if these fail to make appointments, the appointments may be made by the trustees of the several colleges. igo HISTORY OF VERMONT. Educational Tendency.— A few facts indicate the recent tendency of the educational movements in this vState. The most significant are the support of the public schools entirely at the public expense, the mul- tiplication of free high schools, the effort to improve all common schools by the better preparation of teach- ers, the opening of the colleges to women, the establishment of scientific courses of study in the colleges, the endowment of academies, and the insti- tution of public libraries, already well begun. These all look toward the better education of all the people. NORMAN WILLIAMS LIBRARY, WOODSTOCK, V HISTORY OF VERMONT. ipi DATES OF SOME EVENTS IMPORTANT IN VERMONT HISTORY. -:o: Take Champlain discovered, . July 4, 1609 Fort built by the French on Isle La Motte, . 1665 Settlement in Vernon, not after, . "] Raid against Schenectady, ... [ Fort built by the English at Chimney Point, f 9 ° First English Expedition through the Lake, Raid against Deerfield, . . . 1704 Fort Dummer built, . . . . . .1724 French settlement on Chimney Point, . . 1730 Boundary line run between New Hampshire and Massachusetts, . . . ... 1741 Bennington chartered, ..... 1749 Bennington settled, ...... 1761 The boundary line between New York and New Hampshire determined by the king, . 1764 First convention on New Hampshire Grants, 1765 Ticonderoga captured by the Green Mountain Boys, ..... May 10, 1775 The American Colonies declared independent, July 4, 1776 Vermont declared independent, . . ) Constitution of Vermont formed, . . >• 1777 Battles of Hubbardton and Bennington, . ) First election under the Vermont constitution, ) „ First meeting of Vermont legislature, . j ' ' Great Britain acknowledges the Independence of the United States, ... . . 1783 jg2 HISTORY OF VERMONT. Vermont enters the Union, .... i 79 r State prison, ....... 1807 Montpelier became the capital, . . . 1808 War with Great Britain begun, . . . 181 2 The Champlain Canal opened, .... 1823 Presidential electors first chosen by the freemen, 1828 Executive Council abolished, Senate introduced, 1836 Two railroads opened to Burlington, . . 1849 County officers first chosen by the freemen, . 1850 Fort Sumter surrendered and first call for troops, ..... April 14, 1861 St. Albans raid, .... Oct. 19, 1864 Gen. Lee surrendered, . . . April 9, 1865 Biennial sessions of the legislature begun, . 1870 The county becomes a self-taxing body, . 1872 FLAG 07 VERMONT. CIVIL GOVERNMENT. (■3) \ ERMl INT ( OAT OF ARMS. r STATB SEAL. INTRODUCTORY NOTE. This book of Civics consists of three parts, the Notes for Study, the Constitution of the United States with parallel portions of the Constitution of Vermont, the Constitution of Vermont. The Notes are not presented as a regular treatise. They are rather groups of facts and of suggestions pertinent to the subject in hand and fruitful as topics for reflection and discussion. This being the end in view, of course the notes are not exhaustive of the subject treated. The direction sometimes found on medicine bottles, ''to be well shaken before taken," will apply to these Notes with respect to the pupil; that is, the teacher will do well to go over a portion of the Notes with the class, talking freely about them, asking and answering questions. Then let them be studied in the light of the relations and occurrences of daily life. Two sets of questions have been inserted as sugges- tive to both teacher and pupil. It will be a good exer- cise to make similar sets of questions on other ' ' series. ' ' Be sure your questions are appropriate. Write them out neatly, answer them completely, and then burn them. For an American citizen no study of Civics is com- plete that fails to include the national constitution and that of the State in which he lives. So far as the con- stitutions treat of the same subjects, each will help to explain the other. For easy comparison, portions of the Vermont constitution have been placed under parts ip6 CIVIL GOVERNMENT. of the national constitution that they illustrate. A passage that illustrates several parts of the United States constitution is usually given only with the first. The Vermont constitution is printed as Part I, PartII r Part III, for convenient reference. The mode of ref- erence is illustrated by the following examples : On page 224 is the reference, Vt. 1 :6. Turning to the constitution of Vermont as printed, one finds the passage in its place. When but a portion of a section is applicable to the part of the United States constitu- tion under consideration, that portion only is quoted. For example, on page 227 is a short qiiotation with the reference, Vt. 2:9. Turning to the place, the quota- tion is found to be but a part of a long section. Sometimes a word is introduced, or changed, in a quotation so as to have a complete statement. As the full text is at hand, and a reference given, no harm can come from the liberty taken. I have offered no commentary of my own on the constitutions, for two reasons: My book will be large enough without it, and a commentary is seldom intelligible till the text has been well studied. With a good dictionary and some annual like the Tribune Almanac or the Vermont Reg- ister, a fair knowledge of our constitution may be gained by any person who can read intelligently an ordinary newspaper. CIVIL GOVERNMENT. 197 CIVICS. NOTES FOR STUDY. FIRST : ER ES. Concerning a District School.— The school is in progress. It is taught by a woman. I. The teacher is employed by the district commit- tee. II. She holds a certificate granted by a county super- visor of schools. III. She receives from the district clerk a school register, which was prepared by the State Superin- tendent of Education, paid for by the State. TV. At the close of the term she returns the regis- ter to the district clerk, who, after examination, cer- tifies that it has been correctly kept. V. She goes with this certificate to the district committee, who gives her an order on the district treasurer for the sum that is due her for teaching the school. 1. The money in the district treasury is derived from two sources: (a) a tax voted by the district, col- lected by the district collector and paid by him to the district treasurer; and (/>) the town treasury. 2. The money paid by the town to the school dis- tricts is, generally, derived from four sources : (a) a town tax, voted by the town ; (/>) the rent of school ig8 CIVIL GOVERNMENT. lands; (c) the town's share of the interest on the Huntington Fund; ( CIVIL GOVERNMENT. 2i 3 or hat, is shaken, and a name is drawn. If neither party objects, the person whose name is drawn is a juror. If all of the first twelve are objected to, then the remaining six are the jurors. If any of the six selected as jurors cannot be obtained, then three time 8 as many names as there are vacancies to be filled are placed in the box, and the drawing is done as before. SIXTH SERIES. The Nation.— i. The United States consists of people, land, laws. The United States is a government. The United States consists of a sovereign people, land, laws. The United States is a nation. The saying that a nation consists of people, land, laws has been attributed to high authority ; but sover- eignty seems to be essential to a nation. We have found five governments in which these constituents, people, land, laws, appear; but only one of them, that in which the people are sovereign, is a nation. Most people in Vermont live under all these five governments. A few lack the school district, and a few add the village (incorporated) to the other govern- ments. In the city the town government is modified and becomes partly a representative government. These five governments all contribute to the school we saw in our first series of notes. Tell how each does so. How many contribute money ? AVhat besides money is furnished ? The Chief Courts of the United States are: The Supreme Court ; The Circuit Courts; The District Courts; The Court of Claims. 214 CIVIL GOVEKXMENT. The supreme court consists of one chief justice and eight associate justices, six of whom are a quorum. An annual term of the supreme court is held in the city of Washington, beginning the second Monday in October. Special sessions may be held when neces- sary. The court of claims consists of a chief justice and four associate judges, any two of whom are a quorum. This court is held in Washington. The annual session begins the first Monday in December. Each of the smaller States is a judicial district; the larger States are divided into two or three districts. There are five States containing two or three districts each, for which but one judge is appointed. For the rest there is one judge for each district. The judge must reside in the district, or in one of the districts, for which he is judge. In the western district of South Carolina only one term of the district court is required to be held yearly. In every other district two or more terms are held yearly, at times and places fixed by law. Special terms may be held in the dis- cretion of the judge. Regular terms of the district court in Vermont are held yearly in Burlington, Rut- land, Windsor. The States of the Union are grouped in nine judicial circuits. A justice of the supreme court is assigned to each circuit. He is called a circuit justice, and is required to hold court in the circuit once in two years. For each circuit there is a circuit judge, who must reside in the circuit. Terms of the circuit court are held frequently in all the circuits and in all the larger districts. In Vermont terms of the circuit court are held, annually, at the same places where the district courts are held. A circuit court may be held by a cir- CIVIL GOVERNMENT. 215 ctiit justice, a circuit judge, a district judge of the dis- trict in which it is held, or by any two of these. The territories are not included in the judicial cir- cuits. Appeals may be made from the highest terri- torial courts to the supreme court of the United States. The supreme, circuit and district courts may sum- mon juries when they are needed. The mode of the selection of jurors is determined by the court, but must not be repugnant to the laws of the State in which the court is held. A grand jury in the United States court may consist of not less than sixteen nor more than twenty-three men. For the rest the United States is described suffi- ciently for 6ur purpose in the constitution of the United States. SEVENTH SERIES. As to Taxation.— I. The school district, by vote in a meeting of all the voters, lays taxes on the taxable polls and property of the district. The taxes are collected by a district officer and paid into the district treasury. II. The town, by vote in a meeting of all the voters, lays taxes on the taxable polls and property of the town. The taxes are collected by a town officer and paid into the town treasury. III. 1. The county, by its assistant judges, lays taxes on the taxable polls and property of the count}'. The tax is paid from the several town treasuries, by the town treasurers, on the order of the selectmen, and the sum paid is collected for the town treasury as a part of the general town tax or as a special tax. 2i6 CIVIL GOVERNMENT. 2. The State legislature, by Law, lays a tax on the taxable polls and property of the county. This is paid in the way just described. IV. i. The State, by law, lays a tax on certain cor- porations, at a specified rate on their income, without regard to the value of their property. This is paid by the corporations to the State treasurer. 2. The State, by a law, lays a tax on the taxable polls and property of the State. The taxis paid from the several town treasuries, by the treasurers, on the order of the selectmen, and the sum paid is collected for the town treasury as a part of the general town tax, or as a special tax. We perceive that the State has large powers with respect to taxation. So it has in other respects. The modes of electing school district, town, county and vState officers, and their duties, and the modes of laying and collecting taxes are prescribed by the State, or by the people acting through the State legislature. EIGHTH SERIES. How Governments Affect Us. Roads.— I. In the first series we found our teacher to be a traveler. She went to the clerk, to the committee, to the treasurer, to the post office. We suppose she trav- eled the road. II. In the third series we found one of the duties of the town to be the support of roads. What is the use of roads ? Let us stand in the village we are most familiar with and watch the people coming in, to see what they bring. They bring butter and eggs and beef and pork and poultry: logs for lumber and wood CIVIL GOVERNMENT. 217 for fuel, and hay and grain and potatoes, and apples and many other things. What do they carry away? Sugar and tea and cof- fee; boots and shoes and clothing; flour and meal, fur- niture for their houses, nails and glass and wire for fences, and many, many things besides. This selling and buying represents our economic activities. The road serves us in these. III. Later in the day we watch again, and we sec people returning from visiting their friends, others making calls, others going to an old folks' party, in another direction a bridegroom and bride, with a few I friends, are seeking the minister; and, while we were j watching these, a company of children gathered on the j sidewalk near us to play marbles. The roads serve us, too, in our social activities. IV. Our next observations are made in the morn- , ing. and we see teachers and children coming to school. They come many ways and various distances* but all come by the roads. Then these roads help us J in our educational relations. V. We pass to Sunday, and as we go to church we see many coming, some on foot, some in carriages, over those same roads and entering the church at the sound of the bell. These roads aid us in the perform- ance of our religious duties. VI. We make one more study, on election day. What a clatter! What a dust! From every nook and corner of the town, on foot, on horseback, in every kind of carriage, the voters come to cast their ballots for the men of their choice. And they, too, travel the roads. The roads, then, help us in our economic, social, educational, religious, political activities. 2i 8 CIVIL GOVERNMENT. See how the town, by the support of the highway, ministers to the whole life of man. NINTH SERIES. How Governments Affect Us. The Mail.— The schoolmistress, in the first series, bought some postage stamps, and her small brother says she got a letter, but she put it in her satchel so deftly that we did not see it. And what do we send and receive by mail? Letters and papers and books and flowers and seeds and merchandise and pictures of our friends, and a lock of hair from the head laid low in the grave. And our servant that carries and brings all these things is the United States. TENTH SERIES. How Governments Affect Us. Money.— Our teacher received for her wages some pieces of metal and pieces of paper. Those bits of metal are pretty, but she can make very little direct use of them. They are not food, nor shelter, nor clothing, nor books, nor pictures, nor musical instruments, nor perfumes, nor medicines. They are bits of metal. The metal- worker knows many uses for them. Out of them he can make pins and brooches and clasps and flower vases and table furniture and carriage trimmings and spurs and adornments for a sword hilt or for a repeat- ing rifle. Those shining coins have a value. Chil- dren love to play with them, misers hoard them, all men toil for them; and so, though only bits of metal, they are also dinners and dresses and car fare and concert CIVIL GOVERNMENT. 219 tickets, because the United States has so stamped them that their value is known by all who see them. But these pieces of paper, of what use are they? In themselves they are worthless. One cannot eat them nor cook one's dinner with them. But they carry the assurance of the United States that the number of dol- lars named on their face will be paid for them when presented at the proper place. So these have become houses and lands and horses and carriages. Suppose there were no money, and our teacher received her pay in grain and sheep and calves ; and must drive a calf to the store to pay for her dress, and carry a bag of grain to pay for admission to the con- cert hall, — but would there be any stores and concert halls if there were no money ? Are the institutions that bring us so many conven- ient and beautiful things worth studying ? ELEVENTH SERIES. Political Parties. — These governments, except the school district and the town, are conducted by parties. A political party consists of men acting together in some voluntary way, to get and keep the control of a government. A political party is not a government. It has officers like a government, but it cannot collect taxes. It may" make assessments on its members. The payment is voluntary. When a government has made assessments on the persons and property of its citizens in a lawful way, it can enforce payment or punish for ncn-payment. If a property owner wishes to avoid paying taxes in a town, he removes from the town and removes or sells his property. If he wishes 220 CIVIL GOVERNMENT. to avoid paying an assessment of his party, he just refuses to pay. He does not change his residence nor the location of his property. As a political party is not a government, so a church is not a government and for the same reason. Most of the freemen of Vermont act with one of two great parties, the Republican party, or the Democratic party. The parties act in caucuses and conventions and through committees. The committees are the officers of the parties. There are town, county, congressional district and State committees, and, for the country at large, a national committee. A caucus is a meeting of the members of a party, in a town, to transact some business for the party. (In a city there may be ward caucuses). A meeting of the party of a county, congressional district, State or nation, is a county, district, State or national convention. All the voters of a party in a town are warned to meet in caucus. To the county conventions of the Demo- cratic party all Democratic voters of the county are invited, and all who attend are entitled to vote. This is a mass convention. In two or three of the smallest counties the Republican conventions are mass conven- tions, in the other counties they are delegate conven- tions. Each town is invited to send a number of del- egates proportional to the number of votes cast for the party in that town. The district, State and national conventions of both parties are delegate con- ventions. The district and State conventions are composed of delegates from the towns, the national conventions are composed of delegates from the con- gressional districts and from the States, — two from CIVIL GOVERNMENT. 221 each congressional district, to correspond with the rep- resentatives in Congress, and four from the State, to correspond with the United States senators. The cau- cuses elect delegates to conventions, and nominate town representatives and justices of the peace and choose a town committee. The county conventions nominate county officers and choose a county commit- tee. The congressional district conventions nominate representatives to Congress and presidential electors, elect delegates to the national convention and choose a district committee. The State conventions nomi- nate such State officers as are voted for by the free- men, elect delegates to the national convention and choose a State committee. The national convention nominates a President and a Vice-President, declares the principles and purposes of the party, and chooses a national committee. The committees call caucuses and conventions, pro- cure and distribute ballots for the candidates of their party, and take measures to secure for them the full vote of their party. TWELFTH SERIES. Political Action.— I. How we Elect a Governor: 1. The State committee calls a State convention; 2. The town committees call caucuses; 3. The caucuses elect delegates to the State con- vention; 4. The State convention nominates a candidate for governor ; 222 CIVIL GOVERNMENT. 5 The freemen of the State in the several towns vote for governor. The candidate who has a majority of all the votes for governor is elected governor. If no candidate has a majority of the votes of the freemen, the legislature elects a governor. II. How we help Elect a President of the United States: i. The State committee calls a State convention; i 2. The congressional district committee calls a dis- trict convention; 3. The town committees call caucuses ; 4. The caucuses elect delegates to the State con- vention; and, 5. To the district convention ; 6. The State convention elects four delegates to the national convention ; 7. Each district convention elects two delegates to the national convention; 8. The national convention nominates a candidate for President of the United States. Then, in the Republican party, we have 1, 2, 3, 4, 5 over again in 9, 10, 11, 12, 13; and then, 14. The State convention nominates two presiden. tial electors; 15. Each district convention nominates one presi- dential elector; 16. The freemen of the State, in the several towns, vote each for four presidential electors. The candi- dates having the highest number of votes for presi- dential electors are elected; CIVIL GOVERNMENT. 223 17. The presidential electors vote for President. The candidate who has a majority of the votes for President is elected President. If no candidate has a majority of the votes of the presidential electors, the national House of Representatives choose a President. In the usage of the Democratic party, the nomination of presidential electors is placed in numbers 6 and 7, and number 16 becomes number 9. The second State and district conventions are not held ; neither are the second caucuses held. ETHAN ALLEN MONUMENT, BURLINGTON. The 6ong-ti{ution of the United states, PARALLEL PASSAGES FROM THE CONSTITUTION OF VERMONT. THE SOURCE OF POLITICAL POWER. All power being [is] originally inherent in and con- sequently derived from the people. — Vt., i :6. THE PURPOSE OF GOVERNMENT. Government is, or ought to be, instituted for the common benefit, protection and security of the peo- ple, 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. — Vt, 1:7. THE PURPOSE. PREAMBLE. We, the people of the United States, in order to form a more perfect union, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and establish this Constitution for the United States, of America. CIVIL GOVERNMENT. 225 WHAT THE CONSTITUTION OF THE UNITED STATES IS. This Constitution, and the laws of the United States which shall be made in pursuance thereof, and all treaties made, or which shall be made under the authority of the United States, shall be the supreme law of the land ; and the judges in every State shall be bound thereby; anything in the constitution or laws of any State to the contrary notwithstanding. — U. S., 6:2. THE DEPARTMENTS OF OUR GOVERNMENT AND THEIR RELATIONS. The legislative, executive, aud judiciary departments shall be sep- arate and distinct, so that neither exercise the powers properly belonging to the other.— Vt., '3:0, and U. S., 1:1, 2:1, 3:1. ARTICLE I. THE LEGISLATIVE DEPARTMENT OF GOVERNMENT. Sec. i. All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a senate and house of representatives. The supreme legislative power of this State shall be exercised by a senate and the house of representatives, which shall be styled " The General Assembly of the State of Vermont." — Vt. , 3:3. Sec. 2. Clause 1. The house of representatives shall consist of members chosen, every second year, by the people of the several States ; and the electors in each State shall have the qualifications requisite for electors of the most numerous branch of the state legislature. (i5) 22 6 CIVIL GOVERNMENT. The house of representatives of the freemen of this State shall consist of persons most noted for wisdom and virtue, to be chosen by ballot by the freemen of every town in this State respectively, on the first Tuesday in September of every even year. — Yt., 2:8, 3:24. Every man of the full age of twenty-one years, having resided in this State for the space of one whole year, next before the election of representatives, and 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 : " You solemnly swear (or affirm) that whenever you give your vote or suffrage, touching any matter that concerns the State of Yermont, you will do it so as in your conscience you shall judge will most con- duce to the best good of the same, as established by the constitution, without fear or favor of any man." — Yt.. 2:21. No person, who is not already a freeman of this State, shall be entitled to exercise the privileges of a freeman, unless he be a natu- ral born citizen of this, or some one of the United States, or until he shall have been naturalized, agreeably to the acts of Congress. — Vt.,3:l. Clause 2. No person shall be a representative who shall not have attained to the age of twenty-five years, and been seven years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State in which he shall be chosen. No person shall be elected a representative uutil he has resided two years in this State, the last of which .shall be in the town for which he is elected.— Vt., 2:18. That all elections ought to be free, and without corruption, and that all freemen, having a sufficient evident common interest with and attachment to the community, have a right to elect and be elected into office, agreeably to the regulations made in this constitu- tion.— Yt., 1:8. Clause j. Representatives and direct taxes shall be apportioned among- the several States which may be included within this Union, according to their respect- ive numbers, which shall be determined by adding to the whole number of free persons, including those CIVIL GOVERNMENT. 227 bound to service for a term of years, and excluding Indians not taxed, three-fifths of all other persons. The actual enumeration shall be made within three years after the first meeting of the Congress of the United States, and within every subsequent term of ten years, in such manner as they shall by law direct. The number of representatives shall not exceed one for every thirty thousand, but each State shall have at least one representative ; and until such enumeration shall be made, the State of New Hampshire shall be entitled to choose three, Massachusetts eight, Rhode Island and Providence Plantations one, Connecticut five, New York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland six, Virginia ten, North Carolina five, South Carolina five, and Georgia three. In order that the freemen of this State might erjjoy the benefit of •election as equally as may be, each town within this State, that con- sists or may consist of eight}- taxable inhabitants, within one sep- tenary or seven years after the establishment of this constitution, may hold elections therein, and choose, each, two representatives to represent them in general assembly, during the septenary or seven years. And after that each inhabited town may, in like manner, hold such election, and choose one representative, forever thereafter. — — Vt,, 2:7. Clause 4. "When vacancies happen in the represen- tation from any State, the executive authority thereof shall issue writs of election to fill such vacancies. Clause 5. The house of representatives shall choose their speaker and other officers ; and shall have the sole power of impeachment. The representatives shall have power to choose their speaker, their clerk and other necessary officers of the house. They may impeach State criminals. — Vt. , 2:9. 228 CIVIL GOVERNMENT. Sec. 3. Clause 1. The senate of the United States shall be composed of two Senators from each State, chosen by the legislature thereof, for six years ; and each senator shall have one vote. The senate shall be composed ol' thirty senators, to be of the free- men of the county for which they are elected, respectively, who shall have attained the age of thirty years and they shall be elected bien- nially by the freemen of each county respectively. The senators shall be apportioned to the several counties, accord- ing to the population, as ascertained by the census taken under the authority of Congress, in the year 1840, regard being always had, in such apportionment, to the counties having the largest fraction, and giving to each county at least one senator. The legislature shall make a new apportionment of the senators to the several counties, after the taking of each census of the United States, or after a census taken for the purpose of such apportion- ment, under the authority of this State, always regarding the above provisions of this article. — Vt., 3:23, 24. Clause 2. Immediately after they shall be assem- bled, in consequence of the first election, they shall be divided as equally as may be into three classes. The seats of the senators of the first class shall be vacated at the expiration of the second year ; of the second class at the expiration of the fourth year; and of the third class at the expiration of the sixth year; so that one-third may be chosen every second year. And if vacancies happen by resignation or otherwise during the recess of the legislature of any State, the executive thereof may make temporary appointments until the next meeting of the legislature, which shall then fill such vacancies. The General Assembly shall have power to regulate by law the mode of filling all vacancies in the senate, which shall happen by death, resignation or otherwise. — Vt., 3:5. Clause 3. No person shall be a senator who shall not have attained to the age of thirty years, and been CIVIL GOVERNMENT. 22 9 nine years a citizen of the United States, and who shall not, when elected, be an inhabitant of that State for which he shall be chosen. See Amendments to Const. U. S., Art. 14, Sec. 3. Clause 4. The vice-president of the United States shall be president of the senate, but shall have no vote unless they are equally divided. Clause 5. The senate shall choose their other offi- cers, and also a president pro tempore, in the absence of the vice-president, or when he shall exercise the office of President of the United States. The senate shall have the sole power to decide on the election and qualifications of, and to expel any of its members, make its own rules, and appoint its own officers, as are incident to, or are possessed by, the house of representatives. A majority shall constitute a quo- rum. The lieutenant-governor shall be president of the senate, except when he shall exercise the office of governor, or when his office shall be vacant, or in his absence; in which cases the senate shall appoint one of its own members to be president of the senate, pro tempore. And the president of the senate shall have a casting- vote, but no other. — Vt. , 3:6. Clause 6. The senate shall have the sole power to try all impeachments: When sitting for that purpose, they shall be on oath or affirmation. When the Presi- dent of the United States is tried, the chief justice shall preside ; and no person shall be convicted with- out the concurrence of two-thirds of the members present. Clause 7. Judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, trust, or profit, under the United States ; but the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment, and punishment accord- ing to law. 2 jo CIVIL GOVERXMENT. The senate shall have the sole power of trying and deciding upon all impeachments. When sitting for that purpose, they shall be? upon oath or affirmation, and no person shall be convicted without the concurrence of two-thirds of the members present. Judgment in cases of impeachment, shall not extend further than to removal from office and disqualification to hold or enjoy any office of honor, or profit, or trust, under this State. But the party convicted shall. nevertheless, be liable and subject to indictment, trial, judgment, and punishment, according to law. — Vt. , 3:7. Sec. 4. Clause 1. The times, places and manner of holding elections for senators and representatives shall be prescribed in each State, by the legislature thereof; but the Congress may at any time, by law, make or alter such regulations, except as to the place of choosing senators. The General Assembly shall have power to regulate, by law, the mode of balloting for senators within the several counties, and to- prescribe the means and the manner by which the result of the bal- loting shall be ascertained, and through which the senators chosen shall be certified of their election. — Vt., 3:5. Clause 2. The Congress shall assemble at least once in every year, and such meeting shall be on the first Monday in December, unless they shall, by law, appoint a different day. The General Assembly shall meet on the first Wednesday of Octo- ber, biennially; the first election shall be on the first Tuesday of September, A. D. 1870; the first session of the General Assembly on the first Wednesday of October, A. D. 1870.— Vt., 3:24. Sec. 5. Clause 1. Each house shall be the judge of the elections, returns and qualifications of its own members, and a majority of each shall constitute a quorum to do business; but a smaller number may adjourn from day to. day, and may be authorized to compel the attendance of absent members, in such manner, and under such penalties, as each house may provide. CIVIL GOVERNMENT. 231 Each house of the General Assembly shall judge of the elections and qualifications of its own members. — Vt., 2:9. Clause 2. . Each house may determine the rules of its proceedings, and punish its members for disorderly behavior, and with the concurrence of two-thirds expel a member. The senate shall have the like power to decide on the election and qualifications of, aud to expel any of its members, make its own rules, and appoint its own officers, as are incident to or are possessed by the house of representatives. — Vt., 3:6. Clavse 3. Each house shall keep a journal of its proceedings, and from time to time publish the same, excepting such parts as may, in their judgment, require secrecy; and the yeas and nays of the mem- bers of either house, on any question, shall, at the desire of one-fifth of those present, be entered on the journal. The votes and proceedings of the General Assembly shall be printed (when one-third of the members think it necessary) as soon as con. venient after the end of each session, with the yeas and nays on any question, when required by any member (except where the vote shall be taken by ballot), in which case every member shall have a right to insert the reason of his vote upon the minutes. — Vt., 2:14. Clause' 4. Neither house, during the session of Congress, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting. Neither house, during the session of the General Assembly, shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sit- ting — Vt., 3:3. Sec. 6. Clause 1. The senators and representa- tives shall receive a compensation for their services, to be ascertained by law, and paid out of the treasury 232 CIVIL GOVERNMENT. of the United States. They shall, in all cases except treason, felony, and breach of the peace, be privileged from arrest during' their attendance at the session of their respective houses, and in going to and returning from the same; and for any speech or debate in either house, they shall not be questioned in any other place. If any man is called into public service to the prejudice of his pri- vate affairs, he lias a right to a reasonable compensation. — Vt., 2:2.1. The freedom of deliberation, speech and debate in the legislature is so essential to the rights of the people, that it cannot be the foun- dation of any accusation or prosecution, action or complaint in any other court or place whatsoever. — Vt. , 1:14. Clause 2. No senator or representative shall, during the time for which he was elected, be appointed to any civil office under the authority of the United State-, which shall have been created, or the emoluments whereof shall have been increased during such time ; and no person holding any office under the United States shall be a member of either house, during his continuance in office. .No person in this State shall be capable of holding or exercising more than one of the following offices at the same time, viz. : Gov- ernor, lieutenant-governor, judge of the supreme court, treasurer of the State, member of the General Assembly, surveyor-general, or sheriff.— Vt., 2:2G. Nor shall any person, holding any office of profit or trust under the authority of Congress, be eligible to any appointment in the legisla- ture, or of holding any executive or judiciary office under this State. — Vt., 2:26. Sec. 7. Clause 1. All bills for raising revenue shall originate in the house of representatives; but the senate may propose or concur with amendments, as on other bills. Provided, that all revenue bills shall originate in the house of rep- resentatives; — but the senate may propose or concur with amend- ments, as in other bills. — Vt., 3:3. CIVIL GOVERNMENT. 233 Clause 2. Every bill which shall have passed the house of representatives and the senate, shall, before it become a law, be presented to the President of the United States; if he approve, he shall sign it, but if not, he shall return it with his objections, to that house in which it shall have originated, who shall enter the objections at large on their journal, and proceed to re-consider it. If, after such re-considera- tion, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be re-con- sidered, and if approved by two-thirds of that house, it shall become a law. But in all such cases, the votes of both houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each house respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress, by their adjournment, prevent its return, in which case it shall not be a law. Every bill, which shall have passed the senate and house of repre- sentatives, shall, before it become a law, be presented to the governor ; if he approve, he shall sign it; if not, he shall return it with his objections in writing, to the house in which it shall have originated, which shall proceed to reconsider it. If, upon such reconsideration, a majority of the house shall pass the bill, it shall, together with the objections, be sent to the other house, by which it shall likewise be reconsidered, and, if approved by a majority of that house, it shall become a law. But in all such cases the votes of both houses shall be taken by yeas and nays, and the names of the persons voting for or against the bill shall be entered on the journal of each house, respectively. If any bill shall not be returned by the governor, as aforesaid, within five days (Sundays excepted) after it shall have been presented to him, the same shall become a law. in like manner 234 CIVIL GOVERNMENT. as if lie had signed it; unless the two houses, by their adjournment within three days after the presentment of such bill, shall prevent its return; in which case it shall not become a law. — Vt., 3:11, Clause j. Every order, resolution, or vote, to which the concurrence of the senate and house of represen- tatives may be necessary (except on a question, of adjournment) shall be presented to the President of the United States; and before the same shall take effect, shall be approved by him, or, being dis- approved by him, shall be re-passed by two-thirds of the senate and house of representatives, according to the rules and limitations prescribed in the case of a bill. Sec. 8. Clause i. The Congress shall have the power to lay and collect taxes, duties, imposts, and excises, to pay the debts, and provide for the common defense and general welfare of the United States ; but all duties, imposts and excises shall be uniform throughout the United States. The General Assembly shall have the power to lay and collect State taxes.— Vt., 2:9. And, previous to any law being made to raise a tax, the purpose for which it is to be raised ought to appear evident to the legislature to be of more service to the community than the money would be if not collected.— Vt., 1:9. Clause j. To borrow money on the credit of the United States. Clause j. To regulate commerce ' with foreign nations, and among the several States, and with the Indian tribes. Clause 4. To establish an uniform rule of natural- ization, and uniform laws on the subject of bankrupt- cies, throughout the United States. CIVIL GOVERNMENT. 235 Clause 3. To coin money, regulate the value thereof and of foreign coin, and fix the standard of weights and measures. Clause 6. To provide for the punishment of coun- terfeiting the securities and current coin of the United States. Clause 7. To establish post-offices and post-roads. Clause 8. To promote the progress of science and useful arts, by securing, for limited times, to authors and inventors, the exclusive right to their respective writings and discoveries. Clause f such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the CIVIL GOVERNMENT. 237 i Congress prior to the year one thousand eight hundred and eight, but a tax or duty may be imposed on such importation, not exceeding ten dollars for each person. That all people have a natural and inherent right to emigrate from one State to another that will receive them. — Vt., 1:19. Clause 2. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebel- lion, or invasion, the public safety may require it. The writ of habeas corpus shall, in no case, be suspended. It shall be a writ, issuable of right; and the General Assembly shall make provision to render it a speedy and effectual remedy in all cases proper therefor. — Vt., 3:12. 1 Clause j. No bill of attainder, or ex post facto law, shall be passed. j No person ought, in any case, or at any time, to be declared guilty I of treason or felony by the legislature. — Vt. , 2:20. Clause 4. No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumera- tion hereinbefore directed to be taken. Clause j. No tax or duty shall be laid on articles J exported from any State. Clause 6. No preference shall be given by any reg- ulation of commerce or revenue to the ports of one vState over those of another; nor shall vessels bound to or from one State be obliged to enter, clear or pay duties in another. Clause 7. No money shall be drawn from the treas- ury, but in consequence of appropriations made by law; and a regular statement and account of the receipts and expenditures of all public money shall be published from time to time. ■ No money shall be drawn out of the treasury, unless first appro- priated by act of legislation — Vt., 2:17. 238 CIVIL GOVERNMENT. The treasurer's account shall be annually audited, and a fair state- ment thereof be laid before the General Assembly, at their session in October.— Vt., 2:28. Clause 8. No title of nobility shall be granted by the United States; and no person holding any office of profit or trust under them, shall, without the con- sent of the Congress, accept of any present, emolument, office or title, of any kind whatever, from any king, prince or foreign State. Sec. io. Clause i. No State shall enter into any treaty, alliance or confederation; grant letters of marque and reprisal; coin money; emit bills of credit; make anything but gold and silver coin a ten- der in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of con- tracts, or grant any title of nobility. Clause 2. No State shall, without the consent of the Congress, lay any imposts or duties on imports or exports, except what may be absolutely necessary for executing its inspection laws ; and the net produce of all duties and imposts, laid by any State on imports or exports, shall be for the use of the treasury of the United States; and all such laws shall be subject to the revision and control of the Congress. Clause 3. No State shall, without the consent of Congress, lay any duty of tonnage, keep troops or ships of war in time of peace, enter into any agree- ment or compact with another State, or with a foreign power, or engage in war, unless actually invaded, or in such imminent danger as will not admit of delav. CIVIL GOVERNMENT. 239 ARTICLE II. THE EXECUTIVE DEPARTMENT. Sec. i. Clause 1. The executive power shall be vested in a President of the United States of America. He shall hold his office during the term of four years ; and, together with the vice-president, chosen for the same term, be elected as follows: The supreme executive power of the State shall be exercised by the governor, or, in case of his absence or disability, by the lieuten- ant-governor, who shall have all the powers and perform all the duties vested in and enjoined upon the governor by the eleventh and twenty-seventh sections of the second chapter of the constitution, as at present established, excepting that he shall not sit as a judge in case of impeachment, nor grant reprieve or pardon in any such case. — Vt., 3:8. The term of office of the governor, lieutenant-governor and treas- urer of the State, respectively, shall commence when they shall be chosen and qualified, and shall continue for the term of two years, or until their successors shall be chosen and qualified, or to the adjournment of the session of the legislature at which, by the consti- tution and laws, their successors are required to be chosen, and not after such adjournment. —Vt. 3:24. Clause 2. Each State shall appoint, in such manner as the legislature thereof may direct, a number of electors equal to the whole number of senators and representatives to which the State may be entitled in the Congress; but no senator or representative, or person holding an office of trust or profit under the United States, shall be appointed an elector. Clause 3. (The original clause third was annulled by the 12th article of amendment which took the place of the original clause, September 25th, 1804. This article of amendment is as follows) : The elect- ors shall meet in their respective States, and vote, by 240 CIVIL GOVERNMENT. ballot, for President and vice-president, one of whom at least shall not be a resident of the same State with themselves; they shall name in their ballots the person vottd for as President, and in distinct ballots the person voted for as vice-president; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as vice-presi- dent, and of the number of votes for each, which list they shall sign and .certify, and transmit, sealed, to the seat of the government of the United States, directed to the president of the senate; the president of the senate shall, in the presence of the senate and house of representatives, open all the certificates, and the votes shall then be counted ; the person having the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed ; and if no person have such majority, then, from the persons having the high- est numbers, not exceeding three, on the list of those voted for as President, the house of representatives shall choose immediately, by ballot, the President; but in choosing the President the votes shall be taken by States, the representation from each State having - one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the States, and a majority of all the States shall be necessary to a choice; and if the house of representatives shall not choose a President, whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as President, as in case of the death, or other con- stitutional disability of the President. The person having the greatest number of votes as vice-president shall be the vice-president, if such CIVIL GOVERNMENT. 241 number be a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list the senate shall choose the vice-president; a quorum for that purpose shall consist of two-thirds of the whole num- ber of senators, and a majority of the whole number shall be necessary to a choice. . But no person constitutionally ineligible to the office of President shall be eligible to that of vice-president of the United States. The supreme executive authority of this State shall consist of a governor, or, in his absence or disability, of a lieutenant-governor, chosen in the following manner: — The freemen of each town shall, on the day of election for choosing representatives to attend the Gen- eral 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 governor," and deliver them to the representative chosen to attend the General Assembly. And at the opening of the General Assembly there shall be a committee appointed out of the assembly, who, after being duly sworn to the faithful dis- charge of their trust, shall proceed to receive, sort and count the votes for governor for the year ensuing. [And if there be no choice made, then the General Assembly, by their joint ballots, shall make choice of a governor]. The lieutenant-governor and treasurer shall be chosen in the manner above directed. — Vt., 2:10 and 3:8. Clause 4. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes ; which dav shall be the same throughout the United States. Clause 5. No person, except a natural born citizen, or a citizen of the United States at the time of the adoption of this constitution, shall be eligible to the office of President ; neither shall any person be eligi- ble to that office who shall not have attained to the age of thirty-five years, and been fourteen years a res- ident within the United States. (16) 242 CIVIL GOVERNMENT. No person sball be eligible to tbe office of governor or lieutenant- governor until be sball have resided in tbis State for four years next preceding tbe day of bis election. — Vt., 2:30. Clause 6. In case of the removal of the President from office, or of his death, resignation or inability to discharge the powers and duties of the said office, the same shall devolve on the vice-president ; and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and vice-president, declaring what officer shall then act as President ; and such officer shall act according- ly, until the disability be removed, or a President shall be elected. Tbe legislature sball provide, by general law, declaring what officer sball act as governor whenever there shall be a vacancy in both tbe offices of governor and lieutenant-governor, occasioned by a failure to elect, or by the removal from office, or by the death, resignation or inability of both governor and lieutenant-governor, to exercise the powers and discharge the duties of the office of governor; and such officer so designated shall exercise the powers and discharge the duties appertaining to the office of governor accordingly, until the disability shall be removed, or a governor sball be elected. — Vt., 3:21. Clause j. The President shall, at stated times, receive for his services a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them. And if any officer sball wittingly and wilfully take greater fees than the law allows him, it sball ever after disqualify him for holding any office in this State, until he shall be restored by act of legislation. — Vt., 2:25. Clause 8. Before he enter on the execution of his office, he shall take the following oath or affirmation ; "I do solemnly swear (or affirm) that I will faith- CIVIL GOVERNMENT. 243 fully execute the office of President of the United States, and will, to the best of my ability, preserve, protect and defend the constitution of the United States." Every officer, vvlietlier judicial, executive or military, in authority under this state, before he enters upon the execution of his office, shall take and subscribe the following oath or affirmation of allegiance to this State (unless he sball produce evidence that he has before taken the same); and also the following oath or affirmation of office, except military officers and such as shall be exempted by the legisla- ture : THE OATH OR AFFIRMATION OF ALLEGIANCE. " You do solemnly swear (or affirm) that you will be true and faithful to the State of Vermont, and that you will not, directly or indirectly, do any act or thing injurious to the constitution or gov- ernment thereof, as established by convention. (If an oath), so help you God; (if an affirmation), under the pains and penalties of per- jury." THE OATH OR AFFIRMATION OF OFFICE. " You do solemnly swear (or affirm) that you will faith- fully execute the office of for the of , and will there- in do equal right and justice to all men, to the best of your judgment and abilities, according to law. (If an oath), so help you God; (if an affirmation), under the pains and penalties of perjury." — Vt., 2:29. See also Vt., 3:27. Sec. 2. Clause 1. The President shall be com- mander-in-chief of the army and navy of the United States, and of the militia of the several States, when called into the actual service of the United States; he may require the opinion, in writing, of the princi- pal officer in each of the executive departments, upon any subject relating to the duties of their respective offices; and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachments. 244 CIVIL GOVERNMENT. The governor shall be captain -general and comrnander-in chief of the forces of the State, but shall not command in person; and the lieutenant-governor shall, by virtue of his office, be lieutenant-gen- eral of all the forces of the State. — Vt. , 2:11. While acting as governor the lieutenant-governor shall not com- mand the forces of the State in person, in time of war, or insurrec- tion, unless by the advice and consent of the senate; and no longer than they shall approve thereof. — Vt., 3:8. Clause ?.. He shall have power, by and with the advice and consent of the senate, to make treaties, provided two-thirds of the senators present concur; and he shall nominate, and by and with the advice and consent of the senate, shall appoint ambassadors, other public ministers and consuls, judges of the supreme court, and all other officers of the United States whose appointments are not herein otherwise provided for, and which shall be established by law. But the Congress may, by law, vest the appointment of such inferior officers as they think proper in the President alone, in the courts of law, or in the heads of departments. The governor, and in his absence the lieutenant-governor, shall have power to commission all officers, and also to appoint officers, except where provision is or shall be otherwise made by law, or this frame of government. — Vt., 2:11. Clause j. The President shall have power to fill up all vacancies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session. The governor shall supply every vacancy in any office, occasioned by death or otherwise, until the office can be filled in the manner directed by law or this constitution. — Vt., 2:11. Sec. 3. He shall, from time to time, give to the Congress information of the state of the Union, and recommend to their consideration such measures as CIVIL GOVERNMENT. 24s he shall judge necessary and expedient; he may, on extraordinary occasions, convene both houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public minis- ters; he shall take care that the laws be faithfully •executed, and shall commission all the officers of the United States. The governor is to correspond with other States; to transact busi- ness with officers of government, civil and military, and to prepare such business as may appear to them necessary to lay before the General Assembly; and shall have power to grant pardons, and remit fines in all cases whatsoever, except in treason and murder, in which he shall have power to grant reprieves, but not to pardon, until after the end of the next session of assembly ; and except in •cases of impeachment, in which there shall be no remission or miti- gation of punishment but by act of legislation; he is to expedite the execution of such measures as may be resolved upon by the Gen- eral Assembly. — Vt., 2:11. In case of disagreement between the two houses with respect to •adjournment, the governor may adjourn them to such time as he shall think proper. — Vt., 3:3. Skc. 4. The President, vice-president and all civil officers of the United States shall be removed from •office on impeachment for and conviction of treason, bribery or other high crimes and misdemeanors. Every officer of State, whether judicial or executive, shall be liable to be impeached by the General Assembly, either when in office or • after his resignation, or removal for ma! -administration. — Vt., 2:24. 246 CIVIL GOVERNMENT. ARTICLE III. THE JUDICIAL POWER. Sec. i. The judicial power of the United States shall be vested in one supreme court, and in such inferior courts as the Congress may, from time to time, order and establish. The judges, both of the supreme and inferior courts, shall hold their offices during good behavior, and shall, at stated times, receive for their services a compensation, which shall not be diminished during their continuance in office. Courts of justice shall be maintained in every county in this State, and also in new counties when formed, which courts shall be open for tbe trial of all causes proper for their cognizance, and justice- shall be therein impartially administered, without corruption or unnecessary delay. The judges of the supreme court shall be jus- tices of the peace throughout the State, and the several judges of the county courts in their respective counties, by virtue of their office, except in the trial of such causes as may be appealed to the county court. — Vt. , 2:4. The General Assembly may elect judges of the supreme court. — Vt., 2:9. The judges of the supreme court shall be elected biennially, and their term of office shall be two years. — Vt., 3:25. The assistant judges of the county court shall be elected by the freemen of their respective counties. — Vt., 3:14. Judges of probate shall be elected by the freemen of their respect- ive probate districts. — Vt., 3:17. Justices of the peace shall be elected by the freemen of their respective towns; and towns having less than one thousand inhabi- tants may elect any number of justices of the peace not exceeding five ; towns having one thousand and less than two thousand inhab- itants may elect seven ; towns having two thousand and less than CIVIL GOVERNMENT. 247 three thousand inhabitants may elect ten ; towns haviug three thou- sand and less than five thousand inhabitants may elect iicelve ; and towns having five thousand or more inhabitants may elect fifteen jus- tices of the peace. — Vt. , 3:18. Sec. 2. Clause 1. The judicial power shall extend to all cases in law and equity arising under this con- stitution, the laws of the United States and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public minis- ters and consuls; to all cases of admiralty and mari- time jurisdiction ; to controversies to which the United States shall be a party ; to controversies between two or more States, between a State and citizens of another State, between citizens of different States, between citizens of the same State claiming lands under grants of different States, and between a State, or the citizens thereof, and foreign states, citizens or subjects. Clause 2. In all cases affecting ambassadors, other public ministers and consuls, and those in which a State shall be a party, the supreme court shall have original jurisdiction. In all the other cases before mentioned the supreme court shall have appellate juris- diction, both as to law and fact, with such exceptions and under such regulations as the Congress shall make. Clause j. The trial of all crimes, except in cases of impeachment, shall be by jury ; and such trial shall be held in the State where the said crime shall have been committed ; but when not committed within any State, the trial shall be at such place or places as the Congress may, by law, have directed. In all prosecutions for criminal offenses a person hath a right to a speedy and public trial by an impartial jury of the country, without the unanimous consent of which jury he cannot be found guilty. — Vt., 1:10. 248 CIVIL GOVERNMENT. That no person shall be liable to be transported out of this State for trial for any offense committed within the same. — Vt , 1:21. Sec. 3. Clause 1. Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be convicted of treason, unless on the testimony of two witnesses to the same overt act, or on confession in open court. Clause 2. The Congress shall have power to declare the punishment of treason, but no attainder of treason shall work corruption of blood, or forfeiture, except during the life of the person attainted. ARTICLE IV MISCELLANEOUS PROVISIONS. Sec i. Full faith and credit shall be given in each State to the public acts, records and judicial proceed- ings of every other State. And the Congress may, by general laws, prescribe the manner in which such acts, records and proceedings shall be proved, and the effect thereof. Sec. 2. Clause 1. The citizens of each State shall be entitled to all privileges and immunities of citizens in the several States. Clause 2. A person charged in any State with treason, felony or other crime, who shall flee from justice, and be found in another State, shall, on demand of the executive authority of the State from which he fled, be delivered up to be removed to the State having jurisdiction of the crime. CIVIL GOVERNMENT. 249 Clause j. No person held to service or labor in one State, tinder the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be discharged from such service or labor, but shall be delivered up on claim of the party to whom such service or labor may be due. Sec. 3. Clause 1. New States may be admitted by the Congress into this Union ; but no new State shall be formed or erected wiiihin the jurisdiction of any •other State ; nor any State be formed by the junction of two or more States, or parts of States, without the consent of the legislatures of the States concerned, as Avell as of the Congress. Clause 2. The Congress shall have power to dispose of and make all needful rules and regulations respect- ing the territory or other property belonging to the United States ; and nothing in this constitution shall be so construed as to prejudice any claims of the United States, or of any particular State. Sec. 4. The United States shall guarantee to every State in this Union a republican form of government, and shall protect each of them against invasion; and on application of the legislature, or of the executive (when the legislature cannot be convened), against domestic violence. ARTICLE V. MODES OF AMENDING THE CONSTITUTION. The Congress, whenever two-thirds of both houses shall deem it necessary, shall propose amendments to , this constitution ; or, on the application of the legis- 250 CIVIL GOVERNMENT. latures of two-thirds of the several States, shall call a convention for proposing amendments, which in either case shall be valid to all intents and purposes as part of this constitution, when ratified by the legislatures of three-fourths of the several States, or by conven- tions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the Congress ; provided, that no amendments which may be made prior to the year one thousand eight hundred and eight shall in any manner affect the first and fourth clauses in the ninth section of the first article; and tnat no vState, without its consent, shall be deprived of its equal suffrage in the senate. At the session of the General Assembly of this State, A. D. 1880, and at the session thereof every tenth year thereafter, the senate may, by a vote of two-thirds of its members, make proposals of amendment to the constitution of the State, which proposals of amendment, if concurred in by a majority of the members of the house of representatives, shall be entered on the journals of the two houses and referred to the General Assembly then chosen, and be published in the principal newspapers of the State; and if a majority of the members of the senate and of the house of representatives of the next following General Assembly shall respectively concur in the same proposals of amendment, or any of them, it shall be the duty of the General Assembly to submit the proposals of amendment so concurred in to a direct vote of the freemen of the State; and such of said proposals of amendment as shall receive a majority of the votes of the freemen voting thereon, shall become a part of the constitution of this State. The General Assembly shall direct the manner of voting by the people upon the proposed amendments, and enact all such laws as shall be necessary to procure a free and fair vote upon each amend- ment proposed, and to carry into effect all the provisions of the pre- ceding section. — Vt., 8:25, CIVIL GOVERNMENT. 251 ARTICLE VI. MISCELLANEOUS PROVISIONS. Clause 1. All debts contracted, and engagements entered into, before the adoption of this constitution, shall be as valid against the United States under this constitution as under the confederation. Clause 2. This constitution and the laws of the United States, which shall be made in pursuance there- of, and all treaties made or which shall be made under the authority of the United States, shall be the supreme law of the land ; and the judges in every State shall be bound thereby, anything in the consti- tution or laws of any State to the contrary notwith- standing. Clause j. The senators and representatives before- mentioned, and the members of the several State leg- islatures, and all the executive and judicial officers, both of the United States and of the several States, shall be bound by oath or affirmation to support this constitution; but no religious test shall ever be required as a qualification to any office or public trust under the United States. No man can be justly deprived or abridged of any civil right, as a citizen, on account of his religious sentiments or peculiar mode of religious worship; and no authority can, or ought to be, vested in> or assumed by, any power whatever, that shall in any case inter- fere with, or in any manner control, the rights of conscience in the free exercise of religious worship. — Vt., 1:3. ARTICLE VII. The ratification of the conventions of nine States shall be sufficient for the establishment of this consti- tution between the States so ratifying the same. 252 CIVIL GOVKRXMENT. ARTICLES IN ADDITION TO AND AMEND- MENT OF THE CONSTITUTION. ARTICLE I. Congress shall make no law respecting an estab- lishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assem- ble, and to petition the government for a redress of grievances. That the people have a right to freedom of speech, and of writing and publishing their sentiments concerning the transactions of gov- ernment, and therefore the freedom of the press ought not to be restrained. — Vt., 1:13. That the people have a right to assemble together to consult for their common good; to instruct their representatives; and to apply to the legislature for redress of grievances, by address, petition or remonstrance. — Vt. , 1:20. ARTICLE II. A well-regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed. That the people have a right to bear arms for the defense of themselves and the State; and as standing armies in times of peace are dangerous to liberty, they ought not to be kept u,p; and that the military should be kept under strict subordination to, and be gov- erned by, the civil power. — Vt., 1:16. ARTICLE III. No soldier shall, in time of peace, be quartered in any house, without the consent of the owner; nor, in time of war, but in a manner to be prescribed by law. CIVIL GOVERNMENT. 2jj ARTICLE IV. The right of the people to be secure in their per- sons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated ; and no- warrants shall issue, but upon probable cause, sup- ported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized. That the people have a right to hold, themselves, their houses, papers and possessions free from search or seizure, and therefore war- rants without oath or affirmation first made, affording sufficient foundation for them, and whereby any officer or messenger may be commanded or required 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. — Vt., 1:11. ARTICLE V. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment by a grand jury, except in cases arising in the land or naval forces, or in the militia when in actual service, in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled, in any criminal case, to be a witness against himself; nor be deprived of life, liberty or property, without due process of law; nor shall pri- vate property be taken for public use without just compensation. That all men are born equally free and independent, and have cer- tain natural, inherent and inalienable rights, among which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety.— Vt., 1:1. 254 CIVIL GOVERNMENT. That private property ought to be subservient to public uses when necessity requires it; nevertheless, whenever any person's property is taken for the use of the public, the owner ought to receive an equivalent in money. — Vt. , 1:2. Every person within this State ought to hud a certain remedy by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property or character ; he ought to obtain right and justice freely, and without being obliged to purchase it; completely and without any denial ; promptly and without delay, conformably to the laws. — Vt., 1 :4. ARTICLE VI. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation, to be confronted with the witnesses against him, to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense. ARTICLE VII. In suits at common law, where the value in contro- versy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact, tried by a jury, shall be otherwise re-examined in any court of the United States, than according to the rules of the common law. Trials of issues proper for the cognizance of a jury, in the supreme and county courts, shall be by jury, except where parties otherwise agree; and great care ought to be taken to prevent corruption or par- tiality in the choice and return or appointment of juries. — Vt., 2:31. ARTICLE VIII. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. CIVIL GOVERNMENT. 255 The person of a debtor) where there is not strong presumption of fraud, shall not be continued in prison after delivering up and assign- ing over, bona fide, all his estate, real and personal, in possession, reversion or remainder, for the use of his creditors, in such manner as shall be hereafter regulated bylaw. And all prisoners, unless in execution, or committed for capital offenses, when the proof is evi- dent or presumption great, shall be bailable, by sufficient sureties; nor .shall excessive bail be exacted for bailable offenses. — Vt., 2:33. To deter more effectually from the commission of crimes, by con- tinual visible punishments of long duration, and to make sanguinary punishments less necessary, means ought to be provided for punish- ing by hard labor those who shall be convicted of crimes not capital, whereby the criminal shall lie employed for the benefit of the public, or for the reparation of injuries done to private persons; and all per- sons, at proper times, ought to be permitted to see them at their labor.— Vt., 2:37. ARTICLE IX. The enumeration in the constitution of certain rights shall not be construed to deny or disparage others, retained by the people. That the people of this State, by their legal representatives, have the sole, inherent and exclusive right of governing and regulating the internal police of the same. — Vt., 1:5. ARTICLE X. The powers not delegated to the United States by the constitution, nor prohibited by it to the States, are reserved to the States, respectively, or to the people. ARTICLE XI. The judicial power of the United States shall not be construed to extend to any suit in law or equity, commenced or prosecuted against one of the United States by citizens of another State, or by citizens or subjects of any foreign State. 2j6 CIVIL GOVERNMENT. ARTICLE XII. The electors shall meet in their respective States, and vote by ballot for President and vice-president, one of whom, at least, shall not be an inhabitant of the same State with themselves ; they shall name in their ballots the person voted for as President, and in dis- tinct ballots the person voted for as vice-president ; and they shall make distinct lists of all persons voted for as President, and of all persons voted for as vice- President, and of the number of votes for each, which lists they shall sign and certify, and transmit, sealed, to the seat of the government of the United States,, directed to the president of the senate. The president of the senate shall, in the presence of the Senate and house of representatives, open all the certificates, and the votes shall then be counted. The person hav- ing the greatest number of votes for President shall be the President, if such number be a majority of the whole number of electors appointed; and if no per- son have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the house of represen- tatives shall choose immediately, by ballot, the Presi- dent. But in choosing the President, the votes shall be taken by States, the representation from each State having one vote ; a quorum for this purpose shall con- sist of a member, or members, from two-thirds of the States, and a majority of all the States shall be neces- sary to a choice. And if the house of representatives shall not choose a President whenever the right of choice'shall devolve upon them, before the fourth day of March next following, then the vice-president shall act as President, as in the case of the death, or other CIVIL GOVERNMENT. 257 constitutional disability, of the President. The person having the greatest number of votes as vice-president, shall be the vice-president, if such number be a major- ity of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers on the list, the senate shall choose the vice- president ; a quorum for the purpose shall consist of two-thirds of the whole number of senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of vice- president of the United States. ARTICLE XIII. Sec 1. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly. convicted, shall exist within the United States, or any place subject to their jurisdic- tion. 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.— Vt., 1:1. Sec. 2. Congress shall have power to enforce this article by appropriate legislation. ARTICLE XIV. Sec i. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce (i7) 258 CIVIL GOVERNMENT. any laws which shall abridge the privileges or immu- nities of citizens of the United States; nor shall any- State deprive any person of life, liberty or property without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws. No person who is not already a freeman of this State shall be enti- tled to exercise the privileges of a freeman, unless he be a natural born citizen of this or some one of the United States, or until he shall have been naturalized, agreeably to the acts of Congress. — Vt., 8:1. Sec. 2. Representatives shall be apportioned among the several States according to their respective numbers, excluding Indians not taxed; but when the right to vote at any election for the choice of elect- ors for President and vice-president of the United States, representatives in Congress, the executive and judicial officers of a State, or the members of the leg- islature thereof, is denied to any of the male inhabitants of such State, being twenty-one years of age and citi- zens of the United States, or in any way abridged, except for participation in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citi- zens shall bear to the whole number of male citizens twenty-one years of age in said State. Sec. 3. No person shall be a senator or representa- tive in Congress, or elector, or President, or vice-, president, or hold any office, civil or military, under the United States, or under any State, who, having previously taken an oath as a member of Congress, or as an officer of the United States, or as a member of any State legislature, or as an executive or judicial officer of any State, to support the constitution of the United States, shall have engaged in insurrection or CIVIL GOVERNMENT. 259 rebellion against the same, or given aid or comfort to the enemies thereof; but Congress may, by a vote of two-thirds of each house, remove such disabilities. Sec. 4. The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned; but neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States, or any claim for the loss or emancipa- tion of any slave, but all such debts, obligations and claims shall be held illegal and void. Sec. 5. The Congress shall have power to enforce, by appropriate legislation, the provisions of this article. ARTICLE xv. Sec 1. The right of the citizens of the United States to vote shall not be denied or abridged by the United States, or by any State, on account of race, color or previous condition of servitude. Sec 2. Congress shall have power to enforce this article by appropriate legislation. 260 CIVIL GOVERNMENT. SYNOPSIS OF THE CONSTITUTION OF THE UNITED STATES. . PREAMBLE. Objects of the constitution. ARTICLE I. Section 1. Legislative powers, in whom vested. 2. House of representatives, how and by whom chosen. — Qualifi- cations of a representative. — Representatives and direct taxes, how apportioned.— 1 Census. — -Vacancies to be filled. — Power of choosing officers, and of impeachment. 3. Senators, how and by whom chosen. — How classified. — State ex- ecutive to make temporary appointments, in case, &e. — Qualifi- cations of a senator. — President of the senate, his right to vote. — President pro tern, and other officers of the senate, how chosen. — Power to try impeachments. —When President is tried, chief justice to preside.- — Sentence. 4. Times, &c. , of holding elections, how prescribed. — One session in each year. 5. Membership. — Quorum. — Adjournments. — Rules. — Power to pun- ish or expel. — Journal.— Time of adjournment limited, unless, &c. 6. Compensation. — Privileges. — Disqualifications in certain cases. 7. House to originate all revenue bills. — Veto. — Bill may be passed by two-thirds of each house, notwithstanding, &c. — Bill not re- turned in ten days. — Provision as to all orders, &c. , except, &c. 8. Powers of Congress. 9. Provision as to migration or importation of certain persons. — Habeas corpus, — Bills of attainder, &c. — Taxes, how apportioned. — No export duty. — No commercial preferences. — No money drawn from treasury, unless, &c. — No titular nobility. — Officers not to receive presents, unless, &c. 10. States prohibited from the exercise of certain powers. CIVIL GOVERNMENT. 261 ARTICLE II. Section 1. President and vice-president, their term of office. — Electors of President and vice-president, number, and how appointed. — Electors to vote on the same day. — Qualification of President. — On whom his duties devolve in case of his removal, death, &c. — President's compensation. — His oath. • 2. President to be commander-in-chief. — He may require opinion of, &c, and may pardon. — Treaty-making power. — Nomination of certain officers. — When President may fill vacancies. •3. President shall communicate to Congress. — He may convene and adjourn Congress, in case, &c; shall receive ambassadors, execute laws, and commission officers. 4. All civil offices forfeited for certain crimes. ARTICLE III. 1. Judicial power. — Tenure. — Compensation. "2. Judicial power, to what cases it extends. — Original jurisdiction of supreme court. — Appellate. — Trial by jury, except, &c— Trial where. 3. Treason defined. — Proof of. — Punishment of. ARTICLE IV. 1. Credit to be given to public acts, &c, of every State. H. Privileges of citizens of each State.— Fugitives from justice to be delivered up.— Persons held to service, having escaped, to be delivered up. 3. Admission of new States.— Power of Congress over territory and other property. 4. Republican form of government guaranteed. — Each State to be protected. ARTICLE V. Constitution, how amended. — Proviso. ARTICLE VI. •Certain debts, &c, adopted.— Supremacy of constitution, treaties, and laws of the United States.— Oath to support constitution, by whom taken. — No religious test. ARTICLE VII. What ratifications shall establish constitution. 262 CIVIL GOVERNMENT. AMENDMENTS. Article. 1. Religious establishment prohibited. — Freedom of speech, of the press, and of right to petition. 2. Right to keep and bear arms. 3. No soldier to be quartered in any house, unless, &c. 4. Right of search and seizure regulated. 5. Provisions concerning prosecutions, trials and punishments. — Private property not to be taken for public use, without, &c. 6. Further provisions respecting criminal prosecutions. 7. Right of trial by jury secured. 8. Bail, fines and punishments. 9. Rule of construction. 10. Same subject. 11. Same subject. 12. Manner of choosing president and vice-president. i-3. Slavery abolished. Congress empowered to enforce this article. 14. Citizenship defined. — The privileges or immunities of citizens shall not be abridged. Basis of representation. Person having engaged in insurrection or rebellion or given aid or comfort to persons so engaged, shall not be eligible to cer- tain offices. — Disability may be removed. The validity of the public debt incurred in suppressing insur- rection or rebellion shall not be questioned. — No debt or obliga- tion incurred in the aid of insurrection or rebellion shall be legah Congress empowered to enforce this article. 15. Right of citizens to vote not to be abridged on account of race, color, or previous servitude. Congress empowered to enforce this article. CIVIL GOVERNMENT. 263 CONSTITUTION OF VERMONT. PART I. A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE STATE OF VERMONT. Article 1. That all men are born equally free and independent, and Lave certain natural, inherent and inalienable rights, among which are the enjoying and defending life and liberty, acquir- ing, possessing and protecting property, and pursuing and obtaining happiness and safety : therefore no male person born in this country, or brought from over sea, ought to be holden by law to serve any person 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. Article 2. That private property ought to be subservient to public uses when necessity requires it ; nevertheless, whenever any person's property is taken for the use of the public, the owner ought to receive an equivalent in money. Article 3. That all men have a natural and inalienable right to worship Almighty God according to the dictates of their own con- sciences and understandings, as in their opinion shall be regulated by the word of God ; and that no man ought to, or of right can be compelled to attend any religious worship, or erect or support any place of worship, or maintain any minister, contrary to the dictates of his conscience ; nor can any man be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiments, or peculiar mode of religious worship ; and that no authority can, or ought to be vested in, or assumed by, any power whatever, that shall in any case interfere with, or in any manner control the rights of conscience, in the free exercise of religious worchip. Nevertheless, every sect or denomination of Christians ought to observe the Sab- bath or Lord's da} r , and keep up some sort of religious worship, which to them shall seem most agreeable to the revealed will of God. Article 4. Every person within this State ought to find a cer- tain remedy, by having recourse to the laws, for all injuries or 264 CIVIL GOVERNMENT. wrongs which he may receive in his person, property, or character ; he ought to obtain right and justice, freely, and without being obliged to purchase it ; completely and without any denial ; promptly and without delay ; conformably to the laws. Article 5. That the people of this State by their legal represent- atives, have the sole, inherent and exclusive right of governing and regulating the internal police of the same. Article 6. That all power being originally inherent in and consequently derived from the people, therefore, all officers of gov- ernment, whether legislative or executive, are their trustees and ser- vants ; and at all times, in a legal way, accountable to them. Article 7. That government is, or ought to be, instituted for the common benefit, protection and security 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 community hath an indubitable, inalien. able and indefeasible right to reform or alter government, in such manner as shall be, by that community, judged most conducive to the public weal. Article 8. That all elections ought to be free and without cor- ruption, and that all freemen, having a sufficient, evident, common interest with, and attachment to the community, have a right to elect officers, and be elected into office, agreeably to the regulations made in this constitution. Article 9. That every member of society hath a right to be pro- tected in the enjoyment of life, liberty and property, and therefore is bound to contribute his proportion towards the expense of that protection, and yield his personal service, when necessary, or an equivalent thereto, but no part of any person's property can be justly taken from him, or applied to public uses, without his own consent, or that of the representative body of the freemen, nor can any man who is conscientiously scrupulous of bearing arms be justly com- pelled thereto, if lie will pay such equivalent ; nor are the people bound by any law but such as they have in like manner assented to, for their common good : and previous to any law being made to raise a tax, the purposes for which it is to be raised ought to appear evident to the legislature to be of more service to community than the money would be if not collected Article 10. That in all prosecutions for criminal offenses, a per- son hath a right to be heard by himself and his counsel ; to demand CIVIL GOVERNMENT. 263 the cause and nature of his accusation ; to be confronted with the witnesses ; to call for evidence in his favor, and a speedy trial by an impartial jury of the country ; without the unanimous consent of which jury, he cannot be found guilty ; nor can he be compelled to give evidence against himself ; nor can any person be justly deprived of his liberty, except by the laws of the land, or the judgment of his peers. Articte 11. That the people have a right to hold themselves, their houses, papers, and possessions, free from search or seizure ; and therefore warrants, without oath or affirmation first made, afford - in» sufficient foundation for them, and whereby any officer or mes- senger may be commanded or required to search suspected places, or to seize anv person or persons, his, her or their property, not partic- ularly" described, are contrary to that right, and ought not to be granted. Article 12. That when any issue in fact, proper for the cogni- zance of a jury is joined in a court of law, the parties have a right to trial by jury, which ought to be held sacred. Article 13. That the people have a right to freedom of speech, and of writing and publishing their sentiments, concerning the trans- actions of government, and therefore the freedom of the press ought not to be restrained. Article 14. The freedom of deliberation, speech and debate, .in the legislature, is so essential to the rights of the people [that it cannot be the foundation of any accusation or prosecution, action or complaint, in any other court or place whatsoever. Article 15. The power of suspending laws, or the execution of laws, ought never to be exercised but by the legislature, or by author- ity derived from it, to be exercised in such particular cases as this constitution or the legislature shall provide for. Article 16. That the people have a right to bear arms for the ■defence of themselves and the State — and as standing armies in 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. Article 17. That no person in this State can in any case be sub- jected to law martial, or to any penalties or pains by virtue of that law, except those employed in the army, and the militia in actual service. 266 CIVIL GOVERNMENT. Article IS. That frequent recurrence to fundamental principles, and a firm adherence to justice, moderation, 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 representatives, and have a right, in a legal way, to exact a due and constant regard to them, from their legislators and magistrates, iu making and executing such laws as are necessary for the good gov- ernment of the State. Article 19. That all people have a natural and inherent right to emigrate from one State to another that will receive them. ARTICLE 20. That the people have a right to assemble together to consult for their common good — to instruct their representatives — and to apply to the legislature for redress of grievances, by address, petition or remonstrance. Article 81. That no person shall be liable to be transported out of this State for trial for any offence committed within the same. PART II. I'L\N OK FRAME OK GOVERNMENT. Superseded. Section 1. The commonwealth, or State of Ver- seeArts. mont, shall be governed hereafter, by a governor (or Amend., :t lieutenant-governor), council, and an assembly of the " s ' representatives of the freemen of the same, in manner and form following : Superseded. Section 2. The supreme legislative power shall be See Art. vested in a house of representatives of the freemen of Amend., 8. t ] ie commonwealth or State of Vermont. Superseded. Section 3. The supreme executive power shall be see Art. vested in a governor, or, in his absence, a lieutenant- Amend., s. governor, and council. SECTION 4. Courts of justice shall be maintained in every county in this State, and also in new counties, when formed : which courts shall be open for the trial of all causes proper for their cognizance ; and justice shall be therein impartially administered, without cor- ruption, or unnecessary delay. The judges of the supreme court shall be justices of the peace throughout the State ; and the several CIVIL GOVERNMENT. 267 judges of the county courts, in their respective counties, by virtue of their office, except in the trial of such causes as may be appealed to the county court. Section 5. A future legislature may, when they shall conceive the same to be expedient and necessary, erect a court of chancery, with such powers as are usually exercised by that court, or as shall appear for the interest of the commonwealth — provided they do not constitute themselves the judges of the said court. Section 6. The legislative, executive and judiciary depart- ments shall be separate and distinct, so that neither exercise the powers properly belonging to the other. Section 7. In order that the freemen of this State might enjoy the benefit of election as equally as may be, each town within this State that consists, or may consist, of eighty taxable inhabitants, within one septenary or seven years next after the establishing this constitution, may hold elections therein, and choose each two rep- resentatives ; and each other inhabited town in this State may, in like manner, choose each one representative to represent them in General Assembly, during the said septenary, or seven years, and after that, each inhabited town may, in like manner, hold such elec- tion, and choose each one representative forever thereafter. Section 8. The house of representatives of the freemen of this State shall consist of persons most noted for wisdom see Art. and virtue, to be chosen by ballot, by the freemen of Amend., 24. every town in this State, respectively, on the first Tuesday of September annually, forever. Section 9. The representatives so chosen (a majority of whom shall constitute a quorum for transacting any other busi- Spe Artf ^ ness than raisins: a State tax, for which two-thirds of Amend., 2, 3 the members elected shall be present) shall meet on the 1°' 1*> 15 » 17 » second Thursday of the succeeding October, and shall be ' ' ' ' styled The General Assembly of the State of Vermont : they shall have power to choose their speaker, secretary of State, their clerk, and other necessary officers of the house — sit on their own adjourn- ments — prepare bills and enact them into laws — judge of the elections and qualifications of their own members : they may expel members, but not for causes known to their constituents antecedent to their election : they may administer oaths and affirmations in matters depending before them — redress grievances — impeach State criminals — grant charters of incorporation — constitute towns, boroughs, cities 268 CIVIL GOVERNMENT. and counties: they may annually on their first session after their election, in conjunction with the council, (or oftener if need be) elect judges of the supreme and several county and probate courts, sher- iffs and justices of the peace ; and also, with the council, may elect major-generals, and brigadier-generals from time to time, as often as there shall be occasion : and they shall have all other powers nec- essary for the legislature of a free and sovereign state : but they shall have no power to add to, alter, abolish or infringe any part of this constitution. SECTION 10. The supreme executive council of this state shall See Arts. consist of a governor, lieutenant-governor and twelve Amend., 9, persons, chosen in the following manner, viz.: The ~ 4, freemen of each town shall, en 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 consta- ble, who shall seal them up, and write on them, Votes for THE Governor, and deliver them to the representative chosen to attend the General Assembly; and at the opening of the General Assembly, there shall be a committee appointed out of the council and assem- bly, who, after being duly sworn to the faithful discharge of their trust, shall proceed to receive, sort and count the votes for the gov- ernor, and declare the person 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 Assembly, by their joint ballot, shall make choice of a governor. The lieutenant governor and treas- urer shall be chosen in the manner above directed. And each free- man shall give in twelve votes for twelve counsellors, in the same manner, and the twelve highest in nomination shall serve for the ensuing year as counsellors. Section 11. The governor, and in his absence, the lieutenant. See Arts. governor, with the council, (a major part of whom, Amend., 6,7, including the governor, or lieutenant-governor, shall *» 2 *' be a quorum to transact business) shall have power to commission all officers — and also to appoint officers, except where provision is or shall be otherwise made by law or this frame of gov- ernment — and ehall supply every vacancy in any office, occasioned by death or otherwise, until the office can be filled in the manner directed by law or this constitution. They are to correspond with other States — transact business with officers of government, civil and military — and to prepare such business as may appear to them nee- CIVIL GOVERNMENT. 269 essary, to lay before the General Assembly. They shall sit as judges- to hear and determine on impeachments, taking to their assistance, for advice only, the judges of the supreme court. And shall have power to grant pardons and remit fines, in all cases whatsoever, except in treason and murder ; in which they shall have power to grant reprieves, but not to pardon, until after the end of the next session of Assembly ; and except in cases of impeachment, in which there shall be no remission or mitigation of punishment but 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 the General Assembly. And they may draw upon the treasury for such sums as may be appropriated by the house of representatives. 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 captain-general and. commander-in-chief of the forces of the State, but shall not com- mand in person, except advised thereto by the council, and then only so long as they shall approve thereof. And the lieutenant governor shall, by virtue of his office, be lieutenant-general of all the forces of the State. The governor, or lieutenant-governor, and the council, shall meet at the time and place with the General Assembly ; the lieutenant governor shall, during the presence of the commander-in-chief, vote and act as one of the council ; and the governor, and in his absence, the lieutenant-governor, shall, by virtue of their offices, preside in council, and have a casting but no other vote. Every member of the council shall be a justice of the peace for the whole State, by virtue of his office. The governor and council shall have a secretary, and keep fair books of their proceed- ings, wherein any counsellor may enter his dissent, with his reasons to support it ; and the governor may appoint a secretary for himself and his council. Section 12. The representatives having met, and chosen their speaker and clerk, shall each of them, before they proceed to busi- ness, take and subscribe, as well the oath or affirmation of allegiance hereinafter directed (except where they shall produce certificates of their having heretofore taken and subscribed the same) as the follow- ing oath or affirmation, viz.: 2jo CIVIL GOVERNMENT. You do solemnly swear (or affirm) that as a member of this assembly you will not propose or assent to any bill, vote or resolution, which shall appear to you injurious to the people, nor do or consent to any act or thing whatever, that shall have a tendency to lessen or abridge their rights and privileges, as declared by the constitution of this State, but will, in all things, conduct yourself as a faithful, honest representative and guardian of the people, according to the best of your judgment and abilities. {In ease of an oath) so help you God. (And in cam of an affirmation) under the pains and penalties of perjury. Section 13. The doors of the house in which the General Assem- bly of this commonwealth shall sit shall be open for the admission of all persons who behave decently, except only when the welfare of the State may require them to be shut. Ski tion 14. The votes and proceedings of the General Assembly shall be printed (when one-third of the members think it necessary) as soon as convenient after the end of each session, with the yeas and nays on any question, when required by any member (except where the votes shall be taken by ballot), in which case every member shall have a right to insert the reasons of his vote upon the minutes. Section 15. The style of the laws of this State in future to be passed shall be, It is hereby enacted by tin General Assembly of the State of Vermont. Section 16. To the end that laws, before they are enacted, may Superseded. be more maturely considered, and the inconvenience of See Art. hasty determinations as much as possible prevented, all Amend., 11. \ } \]] s which originate in the assembly shall be laid be- fore 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 amendment, if any, in writing; and if the same are not agreed to by the assembly, it shall he in the power of the governor and council to suspend the passing of such bills until the next sessions of the legislature. Provided, that if the governor and council shall neglect or refuse to return any such bill to the assem- bly, with writteu proposals of amendment, within five days, or before the rising of the legislature, the same shall become a law. Section 17. No money shall be drawn out of the treasury, unless first appropriated by act of legislation. CIVIL GOVERNMENT. 271 Section 18. No person shall be elected aj»epresentative until he has resided two years in this State, the last of which shall be in the town for which he is elected. Se.tion 19. No member of the council, or house of representa- tives, shall directly or indirectly receive any fee or reward to bring forward or advocate any bill, petition, or other business, to be trans- acted in the legislature ; or advocate any cause, as council in either house of legislation, except when employed in behalf of the State. Section 20. No person ought in any case, or in any time, to be declared guilty of treason or felony, by the legislature. Section 21. Every man of the full age of twenty- See Art. one years, having lesided in this State for the space of Amend., 1. one whole year next before the election of representatives, and is of a quiet and peaceable behavior, and will take the following •oath or affirmation, shall be entitled to all the privileges of a free- man of this State. You solemnly swear (or affirm) that whenever you give your vote or suffrage, lunching any mutter that concerns the State of Vermont, you will do it so as in your consciend you shall judge trill, most conduce to the best good of the same, as established by the constitution, without fear or favor of any man. Section 22. The inhabitants of this State shall be trained and armed for its defence, under such regulations, restrictions, and excep- tions as Congress, agreeably to the constitution of the United States, and the legislature of this State, shall direct. The several com- panies of militia shall, as often as vacancies happen, elect their cap- tain and other officers, and the captains and subalterns shall nomi- nate and recommend the field officers, of their respective regiments, who shall appoint their staff officers. Section 23. All commissions shall be in the name of the freemen of the State of Vermont, sealed with 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 governor. Section 24. Every officer of State, whether judicial or executive, shall be liable to be impeached by the General Assembly, See Art s> either when in office, or after his resignation or removal, men *' ' for nial-administration. All impeachments shall be before the gov- ernor, or lieutenant-governor, and council who shall hear and deter, mine the same, aud may award costs, and no trial or impeachmen t shall be a bar to a prosecution at law. 2j2 CIVIL GOVERNMENT. SECTION 25. As every freeman, to preserve his independence (if without a sufficient estate) ought to have some profession, calling, trade, or farm, whereby he may honestly subsist, there can be no necessity for, nor us.' in, establishing offices of profit, the usual effects nl which are- dependence and servility, unbecoming freemen, in the possessors or expectants, and faction, contention and discord among the people. But if any man is called into public service to the preju- dice of his private affairs, he has a right to a reasonable compensa- tion ; and whenever an office through an increase of fees or other wise becomes so profitable as to occasion many to apply for it, the profit ought to be lessened by the legislature. And if any officer shall wittingly and wilfully take greater fees than the law allows him, it shall ever after disqualify him from holding any office in this State, until he shall be restored by act of legislation. SECTION 20. No person in this State shall be capable of holdings or exercising more than one of the following offices at the same time, viz.: governor, lieutenant-governor, judge of the supreme court, treasurer of the State, member of the council, member of the Gen- eral Assembly, surveyor general, or sheriff. Nor shall any person holding any office of profit or trust under the authority of Congress, be eligible to any appointment in the legislature, or of holding any executive or judiciary office under this State. SECTION 27. The treasurer of the State shall, before the gover- Suporsciicii. 110r an< i council, give sufficient security to the secretary- See Art. of the State, in behalf of the General Assembly ;"and Vmciul , •_••_». each high sheriff, before the first judge of the county court to the treasurer of their respective counties, previous to their respectively entering upon the execution of their offices, in such manner, and in such sums, as shall be directed by the legislature. Section 28. The treasurer's account shall be annually audited, and a fair statement thereof laid before the General Assembly, at their session in October. Section 29. Every officer, whether judicial, executive, or mili- tary, in authority under this State, before he enters upon the execu- tion of his office shall take and subscribe the following oath or affirmation of allegiance to this State (unless he .shall produce evi- dence that he has before taken the same), and also the following oath or affirmation of office, except military officers, and such as shall be exempted by the legislature. CIVIL GOVERNMENT. 273 THE OATH OR AFFIRMATION OF ALLEGIANCE. You do solemnly sicear (or affirm) that you will be true and faithful to the State of Vermont, and that you will not, directly or indirectly, do any act or thing injurious to the constitution or government thereof, as established by convention. (If an oath) so help you God. (If an affirmation) under the pains and penalties of perjury. THE OATH OR AFFIRMATION OF OFFICE. You do solemnly swear (or affirm) that you will faith- fully execute the office of for the of and will therein do equal right and justice to all men, to the best of your judgment and abilities, according to laio. (If an oath) so help you God. (If an affirmation) under the pains and penalties of perjury. Section 30. No person shall be eligible to the office of governor; or lieutenant-governor, until he shall have resided in this State four years next preceding the day of his election. Section 81. Trials of issues, proper for the cognizance of a jury, in the supreme and county courts, shall be by jury except where parties otherwise agree ; and great care ought to be taken to pre- vent corruption or partiality in the choice and return, or appointment of juries. Section 32. All prosecutions shall commence, By the authority of the State of Vermont;— all indictments shall conclude with these words, against the peace and dignity of this State. And all fines shall be proportioned to the offences. Section 33. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after deliver- ing up and assigning over, bona fide, all his estate, real and personal, in possession, reversion or remainder, for the use of his creditors, in such manner as shall be hereafter regulated by law. And all prison- ers, unless in execution, or committed for capital offenses, when the proof is evident or presumption great, shall be bailable by sufficient sureties, nor shall excessive bail be exacted for bailable offenses. Section 34. All elections, whether by the people or the legisla- ture, shall be free and voluntary : and any elector who shall receive any gift or reward for his vote, in meat, drink, moneys, or otherwise, shall forfeit his right to elect at that time, and suffer such other pen- alty as the law shall direct ; and any person who shall, directly or indirectly, give, promise or bestow any such rewards to be elected (18) 274 CIVIL GOVERNMENT. shall thereby be rendered incapable to serve for the ensuing year, and be subject to such further punishment as a future legislature shall direct. Section 35. All deeds and conveyances of land shall be recorded in the town clerk's office in their respective towns ; and, for want thereof, in the county clerk's office of the same county. Section 36. The legislature shall regulate entails in such man- ner as to prevent perpetuities. Section 37. To deter more effectually from the commission of crimes, by continued visible punishments of long duration, and to make sanguinary punishments less necessary, means ought to be pro- vided for punishing by hard labor those who shall be convicted of crimes not capital, whereby the criminal shall be employed for the benefit of the public, or for the reparation of injuries done to private persons : and all persons at proper times ought to be permitted to see them at their labor. Section 38. The estates of such persons as may destroy their own lives shall not, for that offense, be forfeited, but descend or ascend in the same manner as if such person had died in a natural way. Nor shall any article which shall accidentally occasion the death of any person be henceforth deemed a deodand, or in any wise forfeited on account of such misfortune. Section 39. Every person, of good character, who comes to set- See Art. tie in this State, having first taken an oath or affirma- Aiuentl., 1. tion of allegiance to the same, may purchase, or by other just means acquire, hold and transfer land, or other real estate ; and after one year's residence shall be deemed a free denizen thereof, and entitled to all rights of a natural born subject of this State, except that he shall not be capable of being elected governor, lieutenant- governor, treasurer, councillor or representative in assembly, until after two years' residence. Section 40. The inhabitants of this State shall have liberty in seasonable times to hunt and fowl on the lands they hold, and on other lands not enclosed ; and in like manner to fish in all boatable and other waters (not private property) under proper regulations, to be hereafter made and provided by the General Assembly. Section 41. Laws for the encouragement of virtue and preven- tion of vice and immorality ought to be constantly kept in force, and duly executed ; and a competent number of schools ought to be main- CIVIL GOVERNMENT. 275 tained in each town, for the convenient instruction of youth ; and one or more grammar schools be incorporated and properly sup- ported, in each county in this State. And all religious societies, or bodies of men, that may be hereafter united or incorporated for the advancement of religion and learning, or for other pious and char- itable purposes, shall be encouraged and protected in the enjoyment of the privileges, immunities and estates winch they in justice ought to enjoy, under such regulations as the General Assembly of this State shall direct. Section 42. The declaration of the political rights and privileges of the inhabitants of this State is hereby declared to be a part of the constitution of this commonwealth ; and ought not to be violated, on any pretence whatsoever. Section 43. In order that the freedom of this commonwealth may be preserved inviolate forever, there shall be chosen by ballot, by the freemen of this State, on the SeeTrt last Wednesday in March, in the year one thousand Amend .', 25 . seven hundred and ninety-nine, and on the last Wednesday in March in every seven years thereafter, thirteen persons, who shall be chosen in the same manner the council is chosen, except they shall not be out of the council or General Assembly, to be called the council of censors; who sh-U meet together on the first Wednesday of June next ensuing their election, the majority of whom shall be a quorum in every case, except as to calling a convention, in which two-thirds of the whole number elected shall agree ; and whose duty it shall be to inquire whether the constitution has been preserved inviolate in every part, during the last septenary, (including the year of their service); and whether the legislative and executive branches of gov- ernment have performed their duty, as guardians of the people, or assumed to themselves, or exercised, other or greater powers than they are entitled to by the constitution :-They are also to inquire whether the public taxes have been justly laid and collected in all parts of this commonwealth— in what manner the public moneys have been disposed of— and whether the laws have been duly executed- For these purposes they shall have power to send for persons, papers and records; they shall have authority to pass public censures, to order impeachments, and to recommend to the legislature the repeal- ing such laws as shall appear to them to have been passed contrary to the principles of the constitution : these powers they shall con- tinue to have for and during the space of one year from the day of 27 6 CIVIL GOVERNMENT. their election, and no longer. The said council of censors shall also- have powerto 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 constitution, which may be defective— explaining such as may be thought not clearly expressed— and of adding such as are necessary for the preservation of the rights and happiness of the people ; but the articles to be amended, and the amendments proposed, and such articles as are proposed to be added or abolished, shall be promulgated at least six months before the day appointed for the election of such convention, for the previous consideration of the people, that they may have an opportunity of instructing their delegates on the subject. PART III. ARTICLES OF AMENDMENT. Article 1. No person who is not already a freeman of this State shall be entitled to exercise the privileges of a freeman unless he be a natural born citizen of this or some one of the United States, or until he shall have been naturalized agreeably to the acts of Congress. Article 2. The most numerous branch of the legislature of this State shall hereafter be styled the house of representatives. Article 3. The supreme legislative power of this' State shall hereafter be exercised by a senate and the house of representatives, which shall be staled " The General Assembly of the State of Ver- mont." Each shall have and exercise the like powers in all acts of legislation ; and no bill, resolution, or other thing, which shall have been passed by the one, shall have the effect of, or be declared to be, a law, without the concurrence of the other. Provided, that all revenue bills shall originate in the house of representatives, — but the Senate may propose or concur with amendments, as on other bills. Neither house during the session of the General Assembly shall, without the consent of the other, adjourn for more than three days, nor to any other place than that in which the two houses shall be sitting, — and in case of disagreement between the two houses, with respect to adjournment, the governor may adjourn them to such time as he shall think proper. CIVIL GOVERNMENT. 277 Article 4. The senate shall be composed of thirty senators, to be of the freemen of the county for which they are elected Superseded. respectively, who are thirty years of age or upwards. see Art. and to be annually elected by the freemen of each Amend., 28. county respectively. Each county shall be entitled to one senator, at least, and the remainder of the senators shall be apportioned to the several counties according to their population, as the same was ascertained by the last census, taken under the authority of the United States, — regard being always had, in such apportionment, to the counties having the greatest fraction. But the several counties shall, until after the next census of the United States, be entitled to •elect, and have their senators in the following proportion, to wit : Bennington county, two ; Windham county, three ; Rutland •county, three ; Windsor county, four ; Addison county, three ; Orange county, three ; Washington county, two ; Chittenden county, two ; Caledonia county, two ; Franklin county, three ; Orleans county, one ; Essex county, one ; Grand Isle county, one. The legislature shall make a new apportionment of the senators, to the several counties, after the taking of each census of the United States, or census taken, for the purpose of such apportionment, by order of the government of this State — always regarding the above provisions in this article. Article 5. The freemen of the several towns in each county shall, annually, give their votes for the senators, apportioned See Art. to such county, at the same time, and under the same Amend., 24. regulations, as are now provided for the election of councillors. And the person or persons, equal in number to the number of sena- tors apportioned to such county, having the greatest number of legal votes, in such county respectively, shall be the senator or senators of such county. At every election of senators, after the votes shall have "been taken, the constable or presiding officer, assisted by the selectmen and civil authority present, shall sort and count the said votes, and make two lists of the names of each person, with the number of votes given for each annexed to his name, a record of which shall be made in the town clerk's office, and shall seal up said lists, separately, and write on each the name of the town and these words : " Votes for senator," or " Votes for senators," as the case may be, one of which lists shall be delivered, by the pre- siding officer, to the representative of said town, (if any) and if none be chosen, to the representative of an adjoining town, to be trans- mitted to the president of the senate ; — the other list, the said pre- 27 S CIVIL GOVERNMENT. .siding officer shall within ten days deliver to the clerk of the county court, for the same county, — and the clerk of each county- court, respectively, or, in case of his absence or disability, the sheriff of such county, or in case of the absence or disability of both, the high bailiff of such county, on the tenth day after such elec- tion shall publicly open, sort and count said votes ; and make a record of the same in the office of the clerk of such county court, a copy of which he shall transmit to the senate : and shall also within ten days thereafter transmit to the person or persons elected a cer- tificate of his or their election. Provided, however, that the Gen - eral Assembly shall have power to regulate by law the mode of bal- loting for senators within the several counties, and to prescribe' the means and the manner by which the result of the balloting shall be- ascertained, and through which the senators chosen shall be certified of their election, and for filling all vacancies in the senate, which shall happen by death, resignation or otherwise. But they shall not have power to apportion the senators to the several counties, other- wise than according to the population thereof agreeably to the pro- visions hereinbefore ordained. Article 6. The senate shall have the like powers to decide on the election and qualifications of and to expel any of its members, make its own rules, and appoint its own officers, as are incident to, or are possessed by, the house of representatives. A majority shall constitute a quorum. The lieutenant-governor shall be president of the senate, except when he shall exercise the office of governor, or when his office shall be vacant, or in his absence, in which cases the senate shall appoint one of its own members to be president of the senate pro tempore. And the president of the senate shall have a castiug vote, but no other. ARTICLE T. The senate shall have the sole power of trying and deciding upon all impeachments; when sitting for that purpose. they shall be on oath, or affirmation, and no person shall he convicted without the concurrence of two-thirds of the members present. Judg- ment in cases of impeachment shall not extend farther than to removal from office — and disqualification to hold or enjoy any office of honor, or profit, or trust, under this State. But the party convicted shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment, according to law. CIVIL GOVERNMENT. 279 Article 8. The supreme executive power of the State shall be exercised by the governor, or, in case of his absence or See Art. disability, by the lieutenant-governor ; who shall have Amend., 22, all the powers and perform all the duties vested in and Con. Sees, enjoined upon the governor and council, by the eleveuth ll» 24, 27. and twenty-seventh sections of the second chapter of the constitution, as at present established, excepting that be shall not sit as a judge, in case of impeachment, nor grant reprieve or pardon in any suck case ; nor shall he command the forces of the State in person in time of war or insurrection, unless by tbe advice and consent of the sen- ate ; and no longer than they shall approve thereof. The governor may have a secretary of civil and military affairs, to be by him appointed during pleasure, whose services he may at all times com- mand ; and for whose compensation provision shall be made by law. Article 9. The votes for governor, lieutenant-governor and treasurer of the State shall be sorted and counted, and the result declared, by a committee appointed by the senate and house of rep- . resentatives. If, at any time, there shall be no election by the free- men, of governor, lieutenant-governor and treasurer of the State, the senate and house of representatives shall, by a joint ballot, elect to fill the office not filled by the freemen as aforesaid, one of the three candidates for such office (if there be so mauy), for whom the great- est number of votes shall have been returned. Article 10. The secretary of State, and all officers whose elec- tions are not otherwise provided for, and who, under the existing provisions of the constitution, are elected by the council and house of representatives, shall hereafter be elected by the senate and house of representatives, in joint assembly, at which the presiding officer of the senate shall preside ; and such presiding officer, in such joint assembly, shall have a casting vote, and no other. Article 11. Every bill, which shall have passed the senate and house of representatives, shall, before it become a law, be presented to the governor; if he approve, he shall sign it; if not, he shall return it, with his objections in writing, to the house in which it shall have originated; which shall proceed to reconsider it If, upon such recon- sideration, a majority of the house shall pass the bill, it shall, together with the objections, be sent to the other house, by which it shall likewise be reconsidered, and, if approved by a majority of that house, it shall become a law. But, in all such cases, the votes of both houses shall be taken by yeas and nays, and the names of the persons voting for or against the bill shall be entered on the journal 28o CIVIL GOVERNMENT. of each house respectively. If any bill shall not be returned by the governor, as aforesaid, within five days (Sundays excepted) after it shall have been presented to him, the same shall become a law, in like manner as if he had signed it; unless the two houses, by their adjournment within three days after the presentment of such bill, .shall prevent its return, in which case it shall not become a law. Article 12. The writ of habeas corpus shall in no case be sus- pended. It shall be a writ issuable of right, and the General Assem- bly shall make provision to render it a speedy and effectual remedy in all cases proper therefor. Article VS. Such parts and provisions only of the constitution of this State, established by convention on the ninth day of July, one thousand seven hundred and ninety-three, as are altered or super- seded by any of the foregoing amendments, or are repugnant thereto, shall hereafter cease to have effect. Article 14. The assistant judges of the county court shall be elected by the freemen of their respective counties. Article 15. Sheriffs and high bailiffs shall be elected by the free- men of their respective counties. Article 17. Judges of probate shall be elected by the freemen of their respective probate districts. Article 18. Justices of the peace shall be elected by the free- men of their respective towns; and towns having less than one thou- sand inhabitants may elect any number of justices of the peace not exceeding- five ; towns having one thousand and less than two thou- sand inhabitants, may elect seven; towns having two thousand and less than three thousand inhabitants, may elect ten ; towns having three thousand and less than five thousand inhabitants, may elect twelve; and towns having five thousand or more inhabitants, may elect fifteen justices of the peace. Article 19. All the officers named in the preceding articles of Sec Art. amendment shall be annually elected by ballot and shall Amend., 24. hold their offices for one year, said year commencing on the first day of December next after their election. Article 20. The election of the several officers mentioned in the See Art. preceding articles, excepting town representatives. Amend., 34. shall be made at the times aud in the manner now directed in the constitution for the choice of senators. And the pre- siding officer of each freemen's meeting, after the votes shall have been taken, sorted and counted, shall, in open meeting, make a cer- tificate of the names of each person voted for, with the number of CIVIL GOVERNMENT. 281 votes given for each, annexed to his name, and designating the office for which the votes were given, a recoi'd of which shall be made in the town clerk's office, and he shall seal up said certificate, and shall write thereon the name of the town and the words, Certificate of votes for , and add thereto, in writing, the title of the office voted for, as the case may be, and shall deliver such certificate to some representative chosen as a member of the General Assembly, whose duty it shall be to cause such certificate of votes to be delivered to the committee of the General Assembly, appointed to canvass the same. And at the sitting of the General Assembly, next after such balloting for the officers aforesaid, there shall be a committee appointed of and by the General Assembly, who shall be sworn to the faithful discharge of their duty, and whose duty it shall be to examine such certificates and ascertain the number of votes given for each candidate, and the persons receiving the largest number of votes for the respective offices shall be declared duly elected, and by such committee be reported to the General Assembly, and the officers so elected shall be commissioned by the governor. And if two or more persons designated for any one of said offices shall have received an equal number of votes, the General Assembly shall elect •one of such persons to such office. Article 21. The term of office of the governor, lieutenant-gov- ernor and treasurer of the State, respectively, shall See. Art. commence when they shall be chosen and qualified, and Amend., 24. shall continue for the term of one year, or until their successors shall be chosen or qualified, and to the adjournment of the session of the legislature, at which, by the constitution and laws, their successors are required to be chosen, and not after such adjournment. And the legislature shall provide, by general law, declaring what officer shall act as governor whenever there shall be a vacancy in both the offices of governor and lieutenant-governor, occasioned by a failure to elect, or by the removal from office, or by the death, resignation or inabil- ity of both governor and lieutenant-governor, to exercise the powers and discharge the duties of the office of governor; and such officer, so designated, shall exercise the powers and discharge the duties apper- taining to the office of governor accordingly until the disability shall be removed or a governor shall be elected. And in case there shall be a vacancy in the office of treasurer, by reason of any of the causes enumerated, the governor shall appoint a treasurer for the time 282 CIVIL GOVERNMENT. being, who shall act as treasurer until the disability shall be removed or a new election shall be made. Article 22. The treasurer of the State shall, before entering upon the duties of his office, give sufficient security to the secretary of State, in behalf of the State of Vermont, before the governor of the State or one of the judges of the supreme court. And sheriffs and high bailiffs, before entering upon the duties of their respective offices, shall give sufficient security to the treasurers of their respect- ive counties, before one of the judges of the supreme court, or the two assistant judges of the county court of their respective counties, in such manner and in such sums as shall be directed by the legis- lature. Article 23. The senate shall be composed of thirty senators, to See Art. be of the freemen of the county for which they are Amend., 24. elected, respectively, who shall have attained the age of thirty years, and they shall be elected annually by the freemen of each county respectively. The senators shall be apportioned to the several counties, accord- ing to the population, as ascertained by the census taken under the authority of Congress in the year 1840, regard being always had, in such apportionment, to the counties having the largest fraction, and giving to each county at least one senator. The legislature shall make a new apportionment of the senators to the several counties, after the taking of each census of the United States, nr after a census taken for the purpose of such apportionment, under the authority of this State, always regarding the above pro- visions of this article. ARTICLE 24. Section !. The General Assembly shall meet on the first Wednesday of October, biennially; the first election shall be on the first Tuesday of September. A. D. 1870; the first session of the General Assembly on the first Wednesday of October, A. D. 1870. Section 2. The governor, lieutenant-governor, treasurer of the State, senators, town representatives, assistant judges of the county court, sheriffs, high bailiffs, State's attorneys, judges of probate and justices of the peace, shall be elected biennially, on the first Tues- day of September, in the manner prescribed by the constitution of the State. Section 3. The term of office of the governor, lieutenant-governor and treasurer of the State, respectively, shall commence when they shall be chosen and qualified, and shall continue for the term of two CIVIL GOVERNMENT. 283 years, or until their successors shall be chosen aud qualified, or to the adjournment of the session of the legislature at which, by the con- stitution and laws, their successors are required to be chosen, and not after such adjournment. Section 4. The term of office of senators and town representatives shall be two years, commencing on the first Wednesday of October following their election. Section 5. The term of office of the assistant judges of the county court, sheriffs, high bailiffs, State's attorneys, judges of pro- bate and justices of the peace, shall be two years, and shall commence on the first day of December next after their election. Article 25. Section 1. At the session of the General Assembly of this State, A. D. 1880, and at the session thereof every tenth year thereafter, the senate may, by a vote of two-thirds of its members, make proposals of amendment to the constitution of the State, which proposals of amendment, if concurred in by a majority of the members of the house of representatives, shall be entered on the journals of the two houses, and referred to the General Assembly then next to be chosen, and be published in the principal newspa- pers of the State; and if a majority of the members of the senate and of the house of representatives of the next following General Assem- bly shall respectively concur in the same proposals of amendment, or any of them, it shall be the duty of the General Assembly to sub- mit the proposals of amendment so concurred in to a direct vote of the freemen of the State; and such of said proposals of amendment as shall receive a majority of the votes of the freemen voting thereon shall become a part of the constitution of this State. Section 2. The General Assembly shall direct the manner of vot- ing by the people upon the proposed amendments, and enact all such laws as shall be necessary to procure a free and fair vote upon each amendment proposed, and to carry into effect all the provisions of the preceding section. Section 3. The house of representatives shall have all the powers now possessed by the council of censors to order impeachments, which shall in all cases be by a vote of two-thirds of its members. Section 4. The forty-third section of the second part of the con- stitution of this State is hereby abrogated. 284 CIVIL GOVERNMENT. Article 26. The judges of the supreme court sball be elected biennially, and their term of office shall be two years. Article 27. Section 1. The representatives having met on the day appointed by law for the commencement of a biennial session of the General Assembly, and chosen their speaker, and the senators having met ; shall, before they proceed to business, take and sub- scribe the following oath, in addition to the oath now prescribed : " You , do solemnly swear (or affirm) that you did not, at the time of your election to this body, and that you do not note hold, any office of profit or trust under the authority of Congress. So help you God." Or, in case of affirmation, " Under the pains and penalties of perjury." Section 2. The words " office of profit or trust under the authority of Congress " shall be construed to mean any office created directly or indirectly by Congress, and for which emolument is provided from the treasury of the United States. Article 28. Section 1. The secretary of State and auditor of accounts shall be elected by the freemen of the State upon the same ticket with the governor, lieutenant-governor and treasurer. Section 2. The legislature shall carry this article into effect by appropriate legislation. CIVIL GOVERNMENT. 285 SYNOPSIS OF THE CONSTITUTION OF VER- MONT. part i. — declaration of rights. Article. I. Equality and natural rights of all men. 2. Private property subservient to public use. — Equivalent to be paid. 3. Religious freedom. 4. Every person to find r,emedy at law. 5. Internal police to be regulated by the people. 6. Officers of government, trustees of the people. 7. Government for the benefit and under the control of the people. 8. Freedom of elections. 9. Rights and duties of citizens in government. — Exemption from bearing arms. — Taxation. 10. Rights of persons prosecuted for crime. II. Regulation of search and seizure. 12. Trial by jury. 13. Freedom of speech and of the press. 14. Freedom of legislative debate. 15. Legislature only to suspend laws. 16. Right of bearing arms. — Military subordinate to civil power. 17. Restriction of law martial. 18. Recurrence to principles and adherence to justice, etc., requisite to preserve liberty, etc. 19. Eight of emigration. 20. Right of instruction. — Popular assemblies, etc. 21. Transportation for trial forbidden. part ii. — frame of government. Section. 1. Organs of government. 2. Legislative power. 3. Executive power. 4. Courts of justice in each county. 5. Court of chancery may be constituted. 286 CIVIL GOVERNMENT. (J. Legislative, executive and judiciary departments to be separate. 7. Representation of towns regulated. 8. Choice and qualification of representatives. 9. General Assembly. — Time of meeting. — Powers plenary, but not to infringe this constitution. 10. Executive council. — Manner of election of governor, lieutenant- governor, treasurer and councillors. 11. Powers of governor and council: to commission officers; appoint officers; fill vacancies; correspond with other States; prepare business for General Assembly; try impeacbments; grant par- dons and remit fines; take care that laws be executed; draw on the treasury; lay embargo for thirty days; grant licenses; con- voke the General Assembly. — Governor to be captain-general. — Lieutenant-governor to be lieutenant-general. — Meetings of the council. — Casting vote of the presiding officer. — Councillors' justices. — Secretary of governor and council. 12. Oath to be taken and subscribed by representatives. 13. Doors of General Assembly to be open, except in certain cases. 14. Journals, with yeas and nays, to be printed. 15. Style of laws. 16. Bills to be laid before the governor and council — Power of gov- ernor and council to suspend bills. 17. Drafts on treasury. — Restriction. 18. Residence of representatives. 19. Members of council and house prohibited from acting as counsel. 20. Legislature restricted. 21. Qualification of freemen. — Oath. 22. People to be armed and trained. — Militia officers, how chosen. 23. Formality of commissions. — State seal kept by governor. 24. Impeachments, how tried. — No bar to prosecution at law. 25. Compensation of public officers. — In what cases to be reduced. — Receiving illegal fees, disqualification. 26. Offices incompatible. — Office under U. S. and this State incom- patible. 27. Sureties required of treasurer and sheriffs. 28. Treasurer's account to be audited. 29. Officers to take and subscribe oaths. — Oath of office. — Oath of fealty. 30. Eligibility to office of governor and lieutenant-governor. 31. Trials by jury. CIVIL GOVERNMENT. 287 32. Style of prosecution and indictment. — Fines. 33. Relief of imprisoned debtors. 34. Elections to be voluntary. — Penalty for corruption. 35. Record of deeds. 3(3. Regulation of entails. 37. State prison to be provided. 38. Estate of suicide not forfeited. — No deodand. 39. Citizenship, how acquired. 40. Liberty of hunting, etc. 41. Laws for the encouragement of virtue and the prevention of vice, to be kept in force. — Schools to be supported. 42. Declaration of rights part of the constitution. 43. Council of censors constituted. — Their duties and powers. PART III. — ARTICLES OF AMENDMENT. 1. Foreigners to be naturalized before admitted to the privileges of freemen. H. House of representatives. 3. General Assembly composed of senate and house of representa- tives. — Their powers. — Revenue bills to originate in the house. — Adjournment. 4. Qualification and apportionment of senators. 5. Election of senators. — Return and canvass of votes. — Duties of county clerks. — General Assembly may regulate mode of elec- tion. 0. Powers incident to the senate. — Lieutenant-governor to be pres- ident. — President to have a casting vote. 7. Senate to try impeachments. — Extent of judgment in impeach- ments . 8. Governor supreme executive. — General powers. — May appoint secretary of civil and military affairs. Votes for governor, lieutenant-governor and treasurer to be can- vassed by General Assembly. — Proceedings in case of no elec- tion by the people. 10. Joiut assembly to elect officers. — President of the senate to pre- side in joint assembly. 11. Bills, having passed both houses, to be sent to the governor and signed by him, if approved. — If not approved, to be returned. — If repassed, to become laws. — Bills not returned in five days to become laws. 12. Writ of habeas eorpusuoi to be suspended. 2S8 CIVIL GOVERNMENT. 13. Parts of the constitution superseded by the above articles of amendment to cease to have effect. 14. Judges of county court to be elected by the freemen. 15. Sheriffs and high bailiffs to be elected by the freemen. 16. State's attorneys to be elected by the freemen. 17. Judges of probate to be elected by the freemen. 18. Justices of the peace to be elected by the freemen. — Numler which each town may elect. 19. Above officers to be annually elected by ballot. — Term of office. 20. Time and manner of electing above officers. — Votes for, by whom taken, certified and canvassed. — Officers to be commis- sioned by the governor. — If two or more have equal number of votes, General Assembly to elect. 21. Term of office of governor, lieutenant-governor and treasurer. — Legislature to provide for vacancy in office for both governor and lieutenant-governor. — Governor may appoint treasurer in case of a vacancy. 22. Securities required of treasurer, sheriffs and high bailiffs. 2:J. Number and qualifications of the senators. — How elected. — Their apportionment to the several counties. — Xew apportion- ment, when to be made. 24. Genera] Assembly to meet on the first Wednesday in October, biennially. — State and county officers, senators and representa- tives to be elected biennially. — Teim of State officers. — Term of senators and representatives. — Term of county officers. 25. Amendments to the constitution, how to- be proposed and decided. — The General Assembly to direct the manner of voting on proposed amendments. — Council of censors and convention abrogated. 26. Judges of supreme court elected biennially, and their term of office. 27. Additional oath required of members of the General Assembly. 28. The secretary of State and the auditor of accounts to be elected by the freemen. D I 8 a \ ,v % p ^ '^CT ■a? «<» ^CV o" * 1° ^ A^ * 2- rl o \ v +U ' ' " ° A' °* '-•' a* <* ;wf^ a % -.-.■;• a s^ ;^fe^: a** .0 <* * ^ y ** * A y ^> A <, A ^> <^ V ,.0-0,. * o^ *>f|V o* *\ V- x^S*>, -^ V s s V '*. O