&.\'Si.-«;v. \ •*cvtK*wt. yw/mi ^ »««^ V-s ^>- \ V r ^y*i" ¦\ 4u,t S' ^v '.il - ,^.. N^ .,l^?-{.^i'i^^ i^.xv [KtlkliDfll liiCSdN S;-Sf #Jt "xl tjv^ <»-^ --K ^>*.* ^¦^s. iSSfS J' ^Oll UH^ -ffiy :f«««||Ba9f^»»J!^^- '-'-^MUNAL mt}¥i^ mMhtkt "raw BOOK STORE I54ELMST. rii w HAVEN CT, -^^^Z^^ c^--- *¦ ,v A M A(= OF^ NORTH AMERICA C /=\ K /^ O M. " If a man can write a better book, preach a better sermon, or make a better mousetrap than his neighbor, though he build his house in the woods, the world will make a beaten path to his door.'' — Emerson. MUSES ROBINSUN, 2nd (.iov. 1789-90 EZRA BUTLER, 13th Gov. 1826-28 Constructed portraits copyrighted and published for the first time by The Tuttle Company, Rutland, Vt. All Rights Reserved IMPORTANT EXPLANATION This is the first publication to contain portraits of all the gover nors of Vermont. The portraits of Governors Moses Robinson, Bennington, 1789-90, and Ezra Butler, Waterbury, 1826-28, appear for the first time in any publication. The representations of these two Governors are composite or constructive, like the familiar portrait of our first governor, Thomas Chittenden, which appeared in "Governor and Council," Vol. 1, 1873, with an explanation of its construction, by Hon. E. P. Walton, the compiler. These portraits are the work of a special artist, who produced the likenesses from descriptions contributed by descendants and personal friends, and from photographs or daguerreotypes of the descendants and relatives of marked resemblance to the respec tive governors. To these two portraits much time, care and ex pense have been devoted. The results attained are highly satis factory, and we are pleased to state that they meet the hearty approval of relatives and friends. The portraits of Governors Horace Eaton, Enosburg Falls, 1846-48, and Carlos Coolidge, W^indsor, 1848-50, have never appeared before in any text book. The portrait of Governor Horace Eaton is copied from an old daguerreotype in possession of his niece, Mrs. Edna A. Evans. The portrait of Governor Carlos Coolidge is copied from an old picture furnished by Alice and Walter Butler, a niece and nephew of Governor Coolidge, the only relatives then living. The following extract from a letter to the publishers, written by a grandson of Governor Ezra Butler, explains itself: Waterbury, Vt., May 21, 1905. The Tuttle Company, Publishers, Rutland, Vt.: " Gentlemen : — I can hardly see how I can find any fault with the composite picture of Governor Butler. I confess that I was quite skeptical as to the ability of the artist to make a good like- IV Conant's Vermoxt ness of my grandfather, Ezra Butler, even after carefully examin ing pictures of his descendants and securing descriptions of him. I did not expect the sketch to retain his characteristics and individ uality; but I wish to express my gratification at your success. There is about the picture an atmosphere, if I may so express it, that justifies a relationship. I think this portrait will fairly represent Governor Butler to posterity if placed in the book you are to publish, containing for the first time portraits of all the governors of Vermont. I have been solicited before for his picture, but have satisfied myself that there was no picture of him extant. I have the memory of a small boy of him. My older sister, whose suggestions made this portrait possible, has passed beyond the infirmities of 83 years since this work was begun. The expense and trouble taken to secure this portrait are commendable." « « * « « The following letter to the publishers from a grandson of Governor Moses Robinson explains itself: Ben'xin"gtox, Vt., May 25, 1905. The Tuttle Company, Puhlishers, Rutland, I't.. " Gentlemen : — I am in receipt of the constructed picture of Governor Moses Robinson, and I think it is a very attractive pic ture, and I believe it is as accurate as any you could get from means at hand, namely: from pictures of his descendants and descriptions of his person. All members of my family agree with me in this." It affords pleasure to the publishers of Conant's Vermont, revised by Mason S. Stone, to be the first to present portraits of these four distinguished governors in a Vermont text book, and to present for the first time a complete list of portraits of the entire forty-nine governors that the State has had in the 130 years of its history. Write for special terms for introduction and exchange. THE TUTTLE COMPANY, Publishers, Rutland, Vt. EdwarU.'Conant. Bt^-c- EuosbDJ K.Fk-tcber\ ^^^^ Q'ff^X^Mnj afaefhnrne [neflborgbii, Oericho /|i WIllijiUmJ»5ti It lDgtjfi|J3en>^»WTbarrf PiUsforf' irfleld /j^^ fr^^o ,^^3^120 t'*"^"^^!^ »l!illejyil(?l*'y 9 ^""-v •^f"- SoCraftamrr SheffieCl o,Bjirlif _ ^^ »f,,j oJI»Mi^le *-^pcee„,b«rl Vt ilBoelid] thcl Pltwl jSIend Sherburne^' It^Tftlii Barnsrd Vhite Riter Jc. Iff N I r! \ 9^^ Harllan.L^ „ MHiJuiiflfltcr Ceo, o S underl.'rd.^"'''""'"*^' '"'¦' VrjluglJi |rUugl] S; (buuliCNtri itiratton ^x Wanly boru > JlBenninRtdrP >'*riboroo toQSTlUe , a, ^ Br:i.iranl am River incllotrs Fklls ¦"'""' Handy EefereMce Map of — . AEK3IONT Scale OF Miles A iiU. 4 ir, si ..THE.. Geography, History Constitution and Civil Government OF VERMONT Also Constitution and Civil Government of the U. S. Published Expressly to Comply with the State Laws. original edition By EDWARD CONANT, A. M. FIFTH EDITION Revised and Enlarged By MASON S. STONE Superintendent of Education State of Vermont 'Yf I haue sayed a misse, I am content that any man amende it " -Roger Aschiim PUBLISHED BY THE TUTTLE COMPANY. RUTLAND. VT. 1907 COPYRIGHTED 1907. BY djtmfnnf. RUTLAND. VT. FIFTH EDITION— REVISED SPECIAL NOTICE Portraits of Governor Moses Robinson and Governor Ezra Butler are published for the first time. Copyrighted, i9o5, and all rights reserved. The Tuttle Company, Publishers, Rutland, \"t. The welcome given to former editions leads the Publishers to issue a Fifth Edition revised. This edition is more fully illustrated and con tains many new features, including new civil government texts of Vermont and of the United States. ORIGINAL PREFACE— First Edition BY EDWARD CONAXT This book has been prepared as a text book for schools. The work has been done with the conviction 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, three maps were introduced. The first and 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 rela tions 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 dis tricts, the counties, the congressional districts. The last map illustrates the history that follows. It is believed that this use of several maps has decided advantages over any larger maps that could be introduced in such a book. The description of the mountains and valleys and of the waters of the State is the result of considerable observation and some reading; and it is believed to present the funda mental conceptions necessary to a clear understanding of our Geography and History. Several tables have been appended to the Geography con taining matters of interest and furnishing illustiation 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 only that which is important, characteristic and inter- 4 Preface csting. Thc chief authorities followed are Zadoc Thomp son's Vcrmcjnt, Hiland Hall's i'^arly History of Vermont, B. H. H:iirs History of Ea.itcrn Vermont, the Governor and Council of Vermont, Benedict's Vermont in the Civil War, Miss Hemcnvva)''s Historical Gazetteer of Vermont, Chittenden's The Capture of Ticonderoga, The Centennial Anniversary of thc Battle of Bennington, and the Memoir and Official Correspondence of General John Stark. Several tow II histories have been very helpful. Among these are D. P. Thompson's Histor\ of Montpelier, The History of the Tcjwn of Newfane, Alunson's History of Manches ter, Tucker's History of Hartford and Dana's History of Woodstock. Alaterial of value has been drawn from Belk nap's History of New Hampshire, Parkman's Pioneers of France, Palmer's History of Lake Champlain, Lossing's Field 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 \'ermont has been assigned to \ ernon, and to a date not later than i6go, on the authority of Hon. H. H. Wheeler, Judge of the United States District Court for the District of ^'ermont, who has rendered valuable assistance in another part of the work. Aid has also been recei\-ed from Rev. A. W. ^Vild, 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 oiitli of \'cnnoiit. Edward Coxaxt Rn/n/olph, .lug., iSqo INTRODUCTION TO FIFTH EDITION BY MASON S. STONE In the title page of his text on Vermont, Mr. Conant quotes from Roger Ascham as follows: " Yf I haue sayed a misse, I am content that any man amende it." On account of the deep insight, the keen discrimination, and the accurate scholarship for which Mr. Conant was exten sively and favorably known, it would seem presumption on the part of any one to attempt to correct anything concerning Vermont published over his name ; therefore it should be said, in explanation of the present revision, that it is issued, not for the purpose of correcting the original work, but, if possible, to improve it for school use by a modification of forms of expression, by the addi tion of new material and by bringing the contents up to date. The present book contains in a compact and teachable form all the essential facts of the Geography, History and Civil Government of Vermont, also of the Civil Government and Constitution of the United States ; it is published specifically for school use and with the purpose of meeting in fullest measure the intent of the law prescribing the teaching of the Geography, History, and Civil Govern ment of the State. In order that it may be of the greatest service in the school room, certain statistics and facts are included for reference and comparison, but not for study or memoriza tion. The chapters on Civics are written with an appre ciation of the benefits to be derived from training in good citizenship, and it is hoped that the matter presented will contribute greatly to the supreme end for which our public schools are maintained. 6 Preface For assistance in the work of revision, especial acknowl edgment is made of the valuable services rendered by Hon. Horace W. Bailey, United States Marshal, Hon. Henry L. Clark, Judge of Probate of the Fair Haven District, and Hon. T. C. Cheney, Speaker of the House of Repre sentatives ; acknowledgments are also due to other prom inent Vermonters for courtesy in reading proof sheets and for suggestions given, namely: Superintendent Henry O. Wheeler, Dr. H. D. Holton, F. W. Pierce, Elmer Barnum, Frank L. Greene, Henry L. Stillson, Historian, Hon. John Merrifield, Hon. F. W. Baldwin, Hon. H. S. Peck, Hon. A. A. Hall, Hon. Josiah Grout, Hon. F. D. Proctor, Hon. G. M. Powers, Hon. John Senter, and Hon. Henry A. Harman, author of " The Vermont Justice and Public Officer." While great care has been used in revising, compiling and proof reading, it is expected that trivial errors of print, t3'pographical errors, and possibly mistakes in subject mat ter may occur in this revised edition. In view of these facts the publishers cordially invite criticism and sugges tions for future editions. It is their desire to produce a complete text book on Vermont, one that shall cover its Geography, History and Civil Government, in compliance with the law, and that shall be unsurpassed in accuracy of statement and form of composition. If they have suc ceeded they ask those interested in our public schools to approve it. ]\'I.\soN S. Stone Morri.fville, Aug. 1907 lhe Puhlishers will be pleased to recei\e notice of cor rections or aniondnients that will contribute to the improve ment of future editions of Conant's \''ermont. TABLE OF CONTENTS GEOGRAPHY Location ........ Mountains and Valleys Boundary Waters ... . . Internal Waters Questions on Text and Map Routes of Travel . . . Railroad Journeys . . . . Climate .... Soil and Products . ... Metals and Minerals — Building and Ornamental Stone Main Divisions of the State Important Towns and Cities Education HISTORY Explorations. Raids. First Settlement. War Parties Further Settlements. Confiicting Claims The Revolutionary War . . . . The Building of the State . Vermont's Declaration of Independence Independent Sovereignty Early Development War. Business. Social Conditions The War of i8i2 The Civil War The Spanish- American War Present Conditions. Education CIVIL GOVERNMENT Introductory Note Preparation for Citizenship Organization Town Government Conventions and Caucuses General Elections The Three Functions of Government Obligations of Citizenship . Forms of Government Evolution of the Constitution Constitution of the United States page 13 15 2123 3335 4043+5 SI6163- 87 113137153 176181 187 203217220245 260263 297 298 305313321 324330 344 348351 356 Table of Contents .'Vnaly^is of the Constitution of the United States Facsimiles of Forms . Letter from George Washington The Constitution of Vermont Synopsis of the Constitution of Vermont The Constitution of the United States PAGE 366 370-375 378379 401405 MAPS Vermont (modern) North America The United States Vermont and Vicinity Vermont, Mountains and Rivers Vermont, Routes of Travel Vermont, Rocks and Quarries Vermont, Political Divisions Frontispiece Inside of first cover Page next to inside of first cover 12 33 41 50 81 New Hampshire and New York Grants Vermont, Historical New Hampshire Grants First Political Division United States in 1790 TABLES Books of Reference Geographical Data Areas of the Counties of Vermont Population by Towns, 1791 to 1900 Population by Counties, 1791 to 1900 Most Populous Towns, 1791 to 1900 Comparative Population, 1791 to 1900 Height of Mountains Area of Lakes and Ponds Incorporation of Counties, etc. Lighthouses in Vermont Federal Court Houses in \'ermont Ports of Entry in Vermont Dates of Importance Grand List of the State Governors of \'t'rTnont, 1778 to 1907 Lieutenant-Governors, 1778 to 1907 Senators in Coimicss, 1791 to 1907 Representatives in Coiii^ress, 1791 to 1907 106112126 146 193 9 9393 94-IC4 105107108 109 109no no nono 2792S12S2 291 292294 REFERENCE BOOKS PERTAINING TO THE HISTORY AND GEOGRAPHY OF VERMONT PREPARED EXPRESSLY FOR STONE'S REVISED EDITION OF CONANT'S VERMONT BY E. G. BALDWIN SOURCES Reprints of original records and minutes of early conventions and other important documents Slade's Vermont State Papers, by William Slade, Jr., Secretary of State, Middlebury, 1823: contains among other valu able documents the Journal of the Council of Safety, the first Constitution and the early journals of the General Assembly. Governor and Council of Vermont, edited by E. P. Walton, Montpelier, 1873-1880: contains a large amount of matter relative to the New York controversy. STANDARD HISTORIES The Natural and Civil History of Vermont, by Samuel Williams, LL.D., Burlington, 1809. 2 vols. History of Vermont, Natural, Civil and Statistical, by Zadoc Thompson, Burlington : contains geography, botany, birds, animals and fishes of the state, with civil history and gazetteer to 1842; issued with appendix in 1853. History of Eastern Vermont, by Benjamin H. Hall, New York, 1858: one of the best histories for reference. The Vermont Historical Gazetteer, edited by Abby Maria Hemenway, Burlington, 1867-1891: a series of town his tories grouped by counties. Early History of Vermont, by Hiland Hall, Albany, N. Y., 1868: a work relative to the struggle between New York and Vermont. 10 Reference Books Vermont, a Study of Independence, by Rowland E. Robinson, Boston, 1892. The Vermont Historical Society Collections, 2 vols. Depuy's Ethan Allen and the Green Mountain Heroes of '76; contains the full text of Ethan Allen'p " Narrative." N'ermont for Young Vermonters, by Miriam I. Kimball, New York, 1904. History of \'ermont, by Edward D. Collins, Boston, 1904. FICTION Which will bring reality to the dry facts and make the events and characters have a charm and realism that can be attained in no other way The Green Mountain Boys, by D. P. Thompson, Montpelier, 1840: gives descriptions of the capture of Ticonderoga and the Battle of Hubbardton. The Rangers, by D. P. Thompson, Boston, 1851: gives descrip tion of the Battle of Bennington. Green Mountain Girls, by Blythe White, Jr., Xew York, 1856: a story of conditions existing along the northern frontier of the State during the war of 1812. The Gilead Guards, by Mrs. O. W. Scott, Ne-vv York, 1891: gives strong descriptions of the spirit and manners of a Vermont town during the civil war; characters taken from Orleans Count}'. Uncle Lisha's Shop and Danvis Folks, by Rowland E. Robin son, New York, 1887 and 1894: a true picture of rural life in Vermont in 1840. A Danvis Pioneer, by Rowland E. Robinson, Boston, 1900: a story of one of Ethan .-Mien's Green .Mountain Boys. The Wood Carver of Lympus, by Mary E. Waller, Boston, 1904: depicts interesting fc.itures of rural life in Vermont. Hester of the Grants, by Theodora Peck, New York, 1905: reveals customs and conditions of the State in its formative period. See page 368 for books of reference on the Civil Government of the Unitcil States. Geography of Vermont GEOGRAPHY OF VERMONT CHAPTER I Location ERMONT is in the northeastern part of the United States and in the north^west corner of New England. It is bounded on the north by the Dominion of Canada, on the east by New Hampshire, on the south by Massachusetts, and on the wrest by Nevi^ York. The northern boundary of Vermont is nearly coincident ¦with the forty-fifth parallel of north latitude, crossing it several times, hence is practically equidistant between the equator and north pole ; its eastern boundary is the west bank of the Connecticut River at low water; Hathaway's Point, St. Albans Bay its southern boundary is a continuation of the southern boundary of New Hampshire and is nearly the parallel of forty-two degrees forty-four minutes north latitude; and the western boundary extends in a northerly direction from the northwest corner of Massachusetts to the Poultney River and then follows the deepest channel of this river and of Lake Champlain. (2) 14 Geography of Vermont The backbone of the Green Mountains ' A lovely bit of dappled green Shut in the circling hills between.". — Dorr Mount Equinox, Manchester "In the Green Vallev" Mountains and Valleys 15 CHAPTER II Mountains and Valleys HE GREEN MOUNTAIN range extends through Vermont in a direction nearly north and south, but it is nearer the western than the eastern side of the State. Just north of Canada line it is terminated by the Missisquoi River; about thirty-five miles south of the Missisquoi, the Lamoille River cuts the range; and eighteen miles further south, the Winooski River also cuts through. Summit Mount Mansfield looking northeast from Underbill side of Nose " To grasp the beauty Set so thick around." The highest peaks of this range are, from north to south. Jay, Belvidere, Sterling, Mai.sfield, Camel's Hump, lO Geography of Vermont Lincoln, Pico, Killington, Shrewsbury, Stratton and Hay- ¦^tack. .Mount Mansfield, with its elevation of 4,389 feet, is the highest mountain in the State, and K i I lington, 4,221 feet, is second. In the southern part of the State, the main range is broad backed and continu ous ; about the middle of the State it becomes nar rower and higher, and is from thence accompanied on the east by parallel Killington House, near summit of Mt. Killington ranges, which "List to Nature's wooing calls." „,„ -j " are consider ably broken. Ihe longest of thc parallel rauijes is from the White River to tlie \\'inooski. A parallel range is found between thc \\'inooski and the Lamoille rivers, the highest peaks of which are thc Hogb.ick and Elmore mountains; another parallel range is between the Lamoille River and Canada line, of which tbe Lowell .Mountains are the highest; and another ranter is in the northeastern part of the State, thc chief mountains of which are iMonadnock Mountains and Valleys 17 in Lemington, Westmore Mountain and Burke Mountain, each of which is over 3,000 feet high. Other prominent Logs coming down from Mount Pico " The stately children of the wood." — Dorr peaks of the parallel ranges are the granitic mountains Hor and Pisgah in Westmore, Blue in Ryegate, Knox in Orange, Ascutney in Windsor, and Black in Dummerston. On the western side of the main range are the Red Sandrock Mountains, the highest point of which is Grand- view in the town of Addison. These mountains are near Lake Champlain, stand in a low country, and are therefore unusually conspicuous. Near the western border and in the southern half of Vermont are the Taconic Mountains. They do not form a continuous ridge as the Green Mountain range, but are broken into groups. Of these, Herrick, Eolus and Equinox Mountains, and Mount Anthony are the chief. The main water-shed of Vermont coincides with the Green Mountain range from the Massachusetts line nearly to Lincoln Mountain ; thence it deflects to the east, crosses narrow north-and-south valleys, follows along northerly Geography of Vermont ridges, extends in an irregular course to the northeastern part of the State and at Canada line is quite near the Con necticut River. In the town of Sheffield, about twenty miles south of Lake Memphremagog, a lateral water-shed curves reversely around the headwaters of the Lamoille River and the large bend of the Black River, in Orleans County, and follows Ascutney Mountain from old Indian road to Crown Point, near Springfield " Earth fills her lap with pleasures of her own" the ndv^v of the Lowell Moiuitains into Canada, thus form ing witli the main water-shed a system of drainage in the north central part of the State, of which Lake Memphre- nia^iog is the rescr\oir, known as the North Central Valley. That portion of the State which lies east of the main Mountains and Valleys 19 water-shed is in the Connecticut Valley, and the portion west of the main and lateral water-sheds is in the Cham- plain-Hudson Valley. Betw-een the Green and Taconic Mountains is what may be called the Southwest Valley of Vermont. On the east of this valley the Green Mountains form an unbroken wall, while to the westward are the Taconic Mountains with numerous gaps. The Central Valley of Vermont lies east of the main range of the Green Mountains and extends from Canada line to the Black River, southeast from Killington Peak. Near the middle of its northern portion, this valley is almost filled by Norris Mountain in the town of Eden. 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. — ii III. . I ... — ;. — . jijji .iiij rVity AyMW't fi>i)i.fm>H/>')> u1 ,/ Bellows Falls and the Connecticut River X 73 O ¦/. H Newpurl and Lake Meiiipluenuigi)^; "Blue mnutilains st.iml Like ginru f^u.-inls on eilher liaiul." — Dorr Boundary Waters 21 CHAPTER III Boundary Waters HE Connecticut River rises in New Hampshire, forms the entire eastern boundary of Vermont, passes through Massachusetts and Connecticut __5^mtm ^^^ empties into Long Island Sound. Its ¦fc^"° chief commercial use is to float logs from the upper portion of its valley to the manufactur ing towns below ; but it also furnishes abundant water power which is made use of in Vermont for manufacturing purposes, especially at Canaan, Guildhall, Lunenburg, Mclndoes, Ryegate, Wilder, and Bellows Falls. Poult ney River forms a boundary for several miles between New York and Vermont. On Canada line is W^ j^^m^^^^^^. Wallis Pond, about A logging crew on the Connecticut two-fifths of which is in the town of Canaan. Lake Mem phremagog is an attractive body of water on the northern boundary of the State and about midway between the Con necticut River and Lake Champlain. It is nearly thirty miles long, two or three miles wide, and lies about one- fourth in Vermont and the remainder in Canada. Near its southern extremity are the villages of Newport and West Derby; and at its northern extremity is its outlet, the St. Francis River, which empties into the St. Lawrence. Lake Champlain, reported to its discoverer by the Indians as " a large lake, filled with beautiful islands, and a fine 22 Geography of Vermont country surrounding it," is partly in Vermont, partly in New York and partly in Canada. Its length is one hun dred twenty-six miles, its greatest width in clear water 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 about forty-five miles below Montreal. There are many islands in this lake, the chief of which are North Hero, South Hero, and Isle La Motte, all in Vermont and all unusually attractive as summer resorts. This lake was an important thorough fare before white men traversed it, — and it is so still, although the railroads through and on each side of it and those crossing both its northern and southern portions some what diminish its importance as a waterway. In colonial days and during the Revolutionary War and the War of i8i2, there were strong fortifications on the west side of it, while near and upon it several important battles were fought. The Hudson River rises among the Adirondack [Moun tains west of Lake Champlain and flows southeasterly, then southerly to New York Bay, and is navigable from the ocean to Troy, which is just west of the southern boundan,- of Ver mont. This river is ¦ivhoUy in New- York, but it re ceives tributaries from Vermont and, w-ith Lake Champlain and the Hudson Canal, forms an important line of communication alono Eagle Camp Beach on Lake Champlain, Grand Isle County western border of Vermont. the Internal Waters 23 CHAPTER IV Internal Waters of Vermont HE RIVERS of Vermont may be treated in four groups: the tributaries of the Connecti cut River, of Lake Memphremagog, of Lake Champlain, and of the Hudson River. The tributaries of the Connecticut River, of which the Nulhegan, Passumpsic, Wells, Waits, Ompompanoosuc, White, Quechee, Black, Williams, Black River at Springfield ; where perch and pickerel hide Saxtons, West and Deerfield are the chief, rise in the main water-shed of Vermont and flow in a southerly or southeasterly direction, the last named emptying into the 24 Geography of Vermont Connecticut in Massachusetts. Hall's Stream, which sep arates New Hampshire from Canada for a short distance, cuts across the northeastern corner of Vermont and empties into the Connecticut about one-half mile below Canada line. The Vermont tributaries to Lake Memphremagog are the Barton and the Black from the south, and from the east the Clyde, which is uniform in its flow on account of the numerous lakes and ponds w-hich serve as reservoirs for its waters. The principal ^'ermont tributaries of Lake Champlain are the Missisquoi, Lamoille, "Winooski, Otter Creek, and Poultney rivers. The first three of these rise east of the main Green Mountain range, the first flowing around the northern extremit>- of the range, and the other two breaking through it. Thc Missisquoi is navigable to Sw.-inton, about six miles, and the Otter Creek to N^crfjennes, eight miles from Lake Champlain. Tlie tributaries to thc Hudson from ^^ermont are the Battenk.ll and tin- Hoosac, each of which recei^¦es important Lamoille River, near Johnson Norlh Duxbury, looking down the ^^')nooski River " Internal Waters 25 tributaries after leaving the State. Not only do the streams of Vermont water beautiful and fertile valleys, but along their courses they furnish valuable water power for manufactur ing purposes. The waterfalls most worthy of mention on account their height,beauty Bellowsin the necticut River, of size, or are Falls Con- Palisades on Winooski River, near Waterbury " All was silent as a dream Save the rushing of the stream." Springfield Falls in the Black River, Hartland Falls in the Quechee River, Bolton Falls in the Wells River, Troy Falls Bolton Falls Dam and electric light plant 26 Geography of Vermont and Swanton Falls in the ^lissisquoi River, Morrisville Falls, Fairfax Falls, and Milton Falls in the Lamoille River, ^ , Lake Bomoseen in Castleton, a fashionable summer resort, Lake St. Catherine in Wells and Poultney, a lake in two parts connected by a narrow channel, and Lake Hortonia in Sudbury, noted for its charming bits of scenery. There are many other lakes and ponds in \'ermont, some of which are as important as those named and all remarkable for the purity of their waters and for the beauty of their scenery. In the foregoing enumeration it is impossible to enter into a description of the various places, each of which has its own peculiar charm and feature. Without discrimin ating, it can truly be said that \'ermont is unique in the diversity and picturesqueness of its scenery-. Ever^-where there are purling brooks and sedgy ponds and charming lakes with their settings of leafy wood and rolling hills. Along the rivers stretch the highw-ays leading up to the little valleys among the mountains, and at ever}- turn and from every point are extensive views of sweeping valley and pastoral life, while in the dense forests of the mountain sides are strolling deer, and every stream has gamey trout sport ing in the cozy nooks and under the little ca.scades. Such inviting scenes, together with the salubrious climate, the abundance of fish and game and the excellent hotel accom modations, are rapidly winning a patronage of summer vis itors to \>rmont that is beneficial alike to the State and to the summer guest. Caspian Lake, Greensboro Internal Waters 31 Lake Morey, Fairlee ' Crowned with light the mountains stand Royally on either hand." — Dorr A fourteen mile drive in Rutland County; Lake Hortonia in the distance. Echo and Beebe Lakes in the foreground OUKSTIONS ON THE TEXT AND MAP MOUNTAINS AND RIVERS Describe the Green .Mountain range. Trace it on the map. Point out the highest mountains in it. Describe and trace the ranges parallel to the main range. Describe the main water-shed of Vermont. Trace it on the map. Describe the Taconic Moun tains. Point out the highest of them. Describe the Red Sandrock Mountains. 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 cross it? What rivers form portions of the boundan.- 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 south ward? Name the Vermont tributaries of Lake Memphremagog. In what direction does each of them flow? 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? Name the chief Avaterfalls of \ermont. Point them out on the map. Nnnu- tlie chief lakes and ponds of Vermont and locate them on the map. Dr.iw a map of \ermont slunNing its boundaries, mountains and A5 5AC(. stal Lake, Barton " See the field, the shore, the wildwood." Routes of Travel 35 St. Albans, showing depot of Central Vermont Railroad III l|gi f^ w CHAPTER V Routes of Travel HE INDIANS were the first engineers, and the railroads that run along the river valleys or cross the State follow the old Indian trails. Also the lines of water travel pursued today are those followed by the Indians in prehis toric days. But today a canal connects the head of Lake Champlain with the Hudson River, so that through the Champlain-Hudson Valley there is an uninter rupted water-way consisting of the Richelieu River, Lake Champlain, Hudson Canal, and Hudson River, thus con necting the St. Lawrence River with New York Bay. By means of this water route the ports on Lake Champlain receive merchandise from New York City, coal from the mines of Pennsylvania, and lumber from the Canadian forests. This water-way is paralleled on either side by a railroad route. The one traversing Vermont enters the State at Alburg, passes through the principal islands of Lake Cham plain, crosses to the mainland near the mouth of the 36 Geography of Vermont Winooski River, continues near the Lake until it reaches the Otter Creek, follows up this river and through the Southwest \'alley, and leaves the State at North Benning ton. At Rutland this line also diverges to the east, crosses (Acr the main range of the Green Mountains, runs down the eastern slope to Bellows Falls, and connects with lines to Boston and Springfield, Mass., and New- York. Rutland Railroad, at summit of Green Mountains, in town of Mount Holly — Green Mountain Flyer " Whizzing through the mountains. Buzzing o'er the vale." — Saxe Another railway line which crosses the State enters \'er- mont from Mootreal at Hii^hgate, p.asses southward near Lake Champlain as far .as the AA'inooski, then follows up this river, down the A\-|uto River to White River Junction and down the Connecticut to A\'indsor. At \Miite River Junction connections are made for Boston. A line starts from Swanton and crosses the northern part of the State to Lunenburg, thence is continued by Routes of Travel 37 another line across New Hampshire to Portland, Maine. At Newport a road from Montreal and one from Quebec meet and form a line which follows up the Barton River, down the Passumpsic to the Connecticut, thence down the Connecticut to various points in Massachusetts. At Wells River, White River Junction and at Bellows Falls, connec tions are made for Boston. Gordon's Landing on Lake Champlain, Grand Isle County A direct line from Montreal to Portland crosses the northeastern corner of Vermont through Island Pond, and another line enters Vermont at Canaan, follows down the Connecticut, partly in New Hampshire, as far as Guildhall, and then crosses New Hampshire for Portland. From Rutland a line runs westward and leaves the State at Fair Haven. At Castleton a branch of this road runs southward, follows close to the boundary line between Ver mont and New York, and leaves the State at West Rupert. There are various short lines that serve as connecting links between important stations on main lines, as follows: Rich- ford and St. Albans, St. Albans and Alburg, Burlington and Essex Junction, Essex Junction and Cambridge Junction, Montpelier and Wells River, Leicester Junction and Ticon deroga, N. Y. Also there are various spurs from main lines, namely, — from North Bennington to Bennington, Manchester to 38 Geography of Vermont Dorset, New Haven Junction to Bristol, ^Montpelier to Barre, Montpelier to Williamstown, Concord to East Haven, Bethel to Rochester, White River Junction to Wood stock, Brattleboro to South Londonderry, and from Hoosac Tunnel, Mass., to Stratton. Montpelier is not located on a main line, but is near one and has connection with all trains. Bennington has a rail way outlet westward, as well as northward via North Ben nington. .Mountain road building, Danby There are four steam roads for the transportation of freight, mostly stone and marble, rather than for travel, the one con necting the marble quarries of Pittsford, Proctor, Rutland and West 1-J.utland, the one connecting the granite quarries of Barre town and vicinity with lines at the city of Barre the one connecting the quarries of Woodbury with the main line at Hardwick, and the Bethel Granite railway. The first electric road in \'crmont was opened in Bur lington, September 5, 189J, supplanting the first horse-car line in the State. Since then all the other cities of the Routes of Tr.avel 39 State, except Vergennes, have introduced electric lines. Also electric lines have been put in as follows: Montpelier to Barre, Waterbury to Stowe, St. Albans to Swanton and St. Albans Bay, Burlington to Essex Junction, Rutland to Fair Haven and Lake Bomoseen, Bennington to North Ben- Lake Bomoseen, Rutland County " That eye before which stands Nature's art revealed " nington and Williamstown, Mass., Brattleboro to West Brattleboro, Bellows Falls to Saxtons River, and Springfield to Charlestown, N. H. Various other lines are already pro jected. In 1906 there were in Vermont 1 060 miles of steam rail way, and over lOO miles of electric road, operated by ten different companies. An effort is being made for the construction of permanent roadbeds along the common highways and, to encourage such improvements, a law was enacted in 1892 le'vying a tax annually for this purpose. The Legislature of 1906 greatly aided the cause of good roads by making a generous appropriation and by providing for their construction under experts in road making. Ol^ESriONS ON THE TEXT AND MAP RAILROAD JOURNEYS Take the shortest route by rail unless some other is men tioned. Name the important towns one will pass through in going by rail: From Alburg to Bennington; to Bratdeboro; to St. Johnsburj-; to Newport. From Newport to St. Albans ; to Brattleboro. From Woodstock to Rutland via Burlington; via Bellows Falls. From South Londonderry to Fair Haven. From Montpelier to Highgate Springs; to Newport; to Brattle boro; to Bennington. From the station nearest your home to Swanton; to Bennington; to Ludlow; to Brattleboro; to Morrisville. Dr.iw a railroad map of Vermont. Name the railroad junctions in Vermont. Compare this map with the map of mountains and rivers. Name the lakes or ponds and rivers near which one will pass in taking each of the journeys named ahove. X 'p\ A N A D / A \ J ScfLt or Ml r$A 5 S AM H u S Efir S 42 Geography of Vermont Lake St. Catherine, Rutland County- Silver Lake, Barnard Climate 43 CHAPTER VI Climate ERMONT is near the middle of the North Temperate Zone and is in the region of west erly w-inds. The temperature, amount of moisture and the winds are favorable to the health of the people and to the productiveness of the soil. The mean annual temperature for the different parts of the State varies from forty degrees to forty-seven degrees; the highest temperature varies from ninety to one hundred degrees; and the lowest from thirty to forty-five degrees below zero. The average annual rainfall is from thirty inches in the portion of the State having the least rainfall to forty-five inches in the portion having the greatest amount of rain. In the valleys the direction and force of the winds are. greatly modified by the ad jacent mountains and hills; however, rain and snow storms come mostly from the west and U. S. weather sijnals. established 1870; 11 J J J • forecast of weather published every day; are usually preceded and, in g,,, „„;,;„ ,,,„,j3 ,e„t out from sta.ioa the beginning, accompanied by at Buriineton, March 3o, 1906. south winds. Northeasterly and southeasterly storms sometimes occur, but they are not frequent. West, northwest and north winds indicate fair weather. 44 Geography of Vermont Snow usually appears in October, but it does not come to remain until December, and, in the northern part of the State, generally stays until April. There is less snow near Lake Champlain and in the southwestern portion of the State than in other parts, and the spring opens earlier in these sections and in the lower portion of the Connecticut Valley than it does in other sections of the State. On account of the salubrit\- of its climate, the purity of its air and the freshness and beauty of its scenery, Vermont not only is becoming a summer resort, but is attracting per manent residents from the cities of other States. ^i^-^iSS. A Green Mountain stock farm in winter " The old brown farmhouse seems to sleep. So calm its rest is and so deep." — Dorr Soil .and Products 45 CHAPTER VII Soil and Products HE SOIL of Vermont is very fertile, especially along the river valleys. The low, rolling hills ___ — __, are excellent for tillage purposes, the uplands Q^j^^ are used for pasturage, and the mountain sides ^^P produce much valuable timber. The total acreage of the State, in land, is 5,846,400, of which 4,724,440 acres are divided among 33,104 farms, comprising 2,126,624 acres of improved land, about one-third of which is tillage. In proportion of farm acreage to the total land area Vermont is the sixth State, and in value per capita of agricultural products it is exceeded only by eleven States. The chief product of Vermont is the grass of the pastures and hay-fields, which is converted into milk, butter, cheese and meat for market. Vermont produces more butter and cheese in proportion to population than any other State, and is about the tenth State in the amount of these products. In 1902, the amount of butter and cheese produced in creameries and factories was respectively 25,000,000 and 3,900,000 pounds. In addition, about 5,000,000 pounds of butter were made on the farms; about 400,000 pounds of casein, a by-product of creameries, was manufactured; and the condensed milk factories used about one-tenth as much milk, or 5,000,000 pounds, as went into the manufacture of cheese. From 1890 to 1900 the number of butter, cheese and condensed milk factories more than doubled in Vermont; in the latter year there were 180 butter-making plants, 61 (4) 46 Geography of Vermont cheese factories, and 14 cream and condensed milk estab lishments, more than half of the total number in all New England. Vermont also surpasses the other New England States in the production of butter and cheese; in amount of hay, wheat, corn, and barley raised; and in number of farm-kept cattle and swine. The other chief products of the field are oats, potatoes, corn, barley, buckwheat, rye, wheat, beans, peas, and vege tables. The following data from the United States Agri cultural Report for the year 1902 will be found serviceable for future comparisons: The Average Production per Acre and Value per Bushel for the United States and for Vermont bushels per ACRE Oats Potatoes Com Barley u. s \-t 4540 9694 i 26.8 ! 21.8 29 29.7 n'alue per bushel u. s Vt $0.30,', j!0.47,\, .43 .58 SO . 40V'„ .68 SO 45;'„ .61 number of bushels Vt. u. s. Vt. .. 1 1 s 3,111,200 ,550,502 1,258.252 384,734 bushels PER .\CRE Buckwheat I Rye Wheat 18.] 25 17 16 9 14.5 IS.S 1. 5 tons per acre 1.27 tons per acre \'.\LLIE PER BUSHEL ¦59, .56 Sll.5(),-|, .70 SO. 63 1.09 59.06 per ton 9.65 per ton Vt, NUMBER OF BUSHELS 25S,900 I 32,8^7~ f 3^2,430^ 1,177,135 tons Soil and Products 47 In all sections of Vermont small wild fruits grow abun dantly, while larger fruits are cultivated to some extent on every farm. Apples are extensively cultivated, and those of Grand Isle County bring a high market price on account of their superior quality. Cattle, horses, sheep, swine, and poultry are extensively raised both for market and for home use. In 1902, Ver mont had 86,517 horses; 273,876 sheep, about four-sevenths of which are kept for their wool; 88,624 swine; 282,546 milch cows; 225,893 other cattle. From these figures it will be noticed that the number of horses and swine are about equal, and likewise the number of sheep and milch cows. Next in value to the hay and forage crop of the State is the forest product. The chief timber product is spruce, although other kinds, such as hemlock, pine, fir, maple, oak, chestnut, birch, beech, ash, elm, cedar and cherry, are also cut for market. There are now no large tracts of virgin forest on account of the extensive lumber business that has been carried on to meet the demands of the trade. How ever, there has been no denudation of the mountain sides for the reason that only marketable timber has been taken. The areas cut over have been left to briars, bushes, and to the sturdy new growth that invariably springs up, the conditions for the growth of which will be greatly facili tated by wise forestry laws. The first record of maple sugar-making by white men in the State was in Bennington in 1763. Since then the making of maple sugar has become a general industry in Vermont, and the amount produced is greater than that of any other state and is nearly one-third of the whole amount produced in the United States. By improved apparatus the quality has been greatly increased within a few years; but in 1898 a variety of caterpillar invaded the sugar .48 Geography of Vermont orchards, seriously injuring the maple trees in many sec tions of the State, and, in consequence, the amount of sugar produced w^as somewhat curtailed for a few years. Maple sugar grove; gathering sap late in the season Large wild animals, except deer, are not numerous in Vermont. Bears are found in the mountainous portions of the State, foxes are widely distributed, porcupines are somewhat numerous, other destructive animals are rarely found. La\\-s exist for the protection of deer, which are rapidly becoming plentiful, and of various small animals of valuable fur. Other wild animals of the State are the bat, mole, mouse, muskrat, raccoon, rat, squirrel, weasel and woodchuck. Vermont abounds in birds in summer time, and it is estimated that more than three hundred varieties of land and water birds visit the State annualh'. However, some of these, such as the wild geese and mallards, are mere Soil .and Products 49 migrants; while others, like the chicadee, nuthatch, wood pecker, English sparrow, owl and ruffed grouse, are per manent residents. Crows and jays frequently, and some times robins, spend the winter here; but the great multi tude are merely summer visitors, the robin, bluebird and swallow leading the procession of the land birds, while the duck and loon are among the first arrivals of the water-fowl. Game, song, insectivorous and other harm less birds are protected by law, but such consideration is not accorded blackbirds, crows, English sparrows, hawks, jays, owls and a few others. Many of the lakes, ponds and streams of Vermont are well supplied with iish, and successful efforts are being made to re-stock those waters that have become destitute. Edible fish are protected by laws regulating the time and manner of fishing. The kind of fish common in the lakes and ponds are bass, muscallonge, minnow, perch, pickerel, pike, pout and lake trout; while those of the streams are bass, dace, pickerel, shiner, sucker and brook trout. Lake Dunmore, Rutland County enmBuRCHptiairoK 0 r\^\C A N. A D A ».iv« 77"^ ';i^ "^§;/(*ii«ig MoNTPti-io /¦'¦// -^¦y &' (iv I 3. Cmecsea loiP*"'^'"'' p .(C; MAP OF VERMONT ROCKS AND QUARRIES fOWftofl NEwrANt EXPLANATIONS Rock areas are surrounded by dotted lines. The name oi abbreviation of the name of the ivoaoit lodt is ¦written ¦within the area. Only the most important areas are indicated on the map. abbreviations C for copper and copperas G " granite ^ I " iron K " kaolin .L " lime M. " marble St " ste^iue and sOapstonc V A " vei de-antique, or serpen tine Metals and Minerals 51 CHAPTER VIII Metals and Minerals OLD is widely distributed in the State and has been worked along the middle portion I 'Al IJBiiita °^ '•^^ White River in Stockbridge and _ijli Bethel, on branches of the Black and JttM^^^ Quechee Rivers in Plymouth, on a branch of the Black River in Bridgewater, and on a branch of the Deerfield River in Readsboro ; but gold working has never to any great extent been found profitable in Vermont. Gold is generally found in the sand of streams; but was mined in Bridgewater and Reads boro. Copper and gold are the only metals that have been mined in Vermont, but in extent of mining operations copper far exceeds gold. As early as 1793 ore was mined in Strafford for the manufacture of copperas; about thirty years later it began to be mined for copper only, and for this purpose mines have been worked intermittently ever since, and sometimes extensively. Copper is found in several localities in Vermont, but not pure like that of the Lake Superior region. For a time it was somewhat mined in Corinth; extensively so for several years in Strafford, and at Copperfield in Ver- shire; and a mine was recently worked a little in the town of Berkshire; but all operations are for the present discontinued, except in Strafford. Before 1 800 iron was manufactured from ore found in Bennington, Tlnmouth and Chittenden. Iron was dis covered in Brandon in 1 8 10; a forge was at once set and the manufacture of bar iron begun. Deposits of iron ore were subsequently discovered in Wallingford, Plymouth, 52 Geography of Vermont .Monkton and 'J"ro>. Although the ore produced was of excellent quality, still on account of the small amount pro- ducc'' 5 Walerville (i Johnson 7 Hvde F:irk 8 Wolc.it t. 9 Edoii 10 Belvidere Oranse County 1 Tlu-Iford '.' SlriUlord :\ Tunbrulge -I Riin.L.lph Tl Braintrco II Brooktiold 7 ChcKea 8 ViTsKir.^ 9 West F.iirl.-c 9 10 Fairlee 11 Bradford 12 Corinth 13 Washington 14 Williamstown 15 Orange 16 Topsham 17 Newbury Orleans County 1 Greensboro 2 Craftsburv 3 Lowell 4 Albany 5 Glover 6 Barton 7 Irasburg 8 Coventry 9 Browninglon. 10 Westmore 11 Charlestown 12 M.»rL'an 13 Hr.Iland 14 Derhy 15 Ne\\port 16 Troy 17 Westfield 18 Jay Rutland County 1 Sudbury 2 Braudon 3 Benson 4 Hubbardton 5 Pittsford 6 Chittei)dcn 7 Pittsfield 8 Sherburne 9 MendoD RutlandCity Rutland 11 Proctor 12 West Rutland 13 Castleton 14 Fair Haven 15 West Haven 16 Poultney 17 Ira IS Clarendon 19 Shrewsbury 20 :Mount Holly 21 Wallingfoi'ci 22 Tlnmouth 23 Mtddlrtnwri '.'1 Wells 25 Pawlfl 2ti Danby 27 ;Moiint Tabor 10 Wastiinsloo County 1 Roxbury ¦2 Warren 3 Fav^too 4 Waiistleld 5 N-.rthfield f. \ Hnrre "1 C'itv Barre 7 Berlin 8 Moretown 9 Duxbury 10 Waterbury n Middle^^ex , l-> City Montpelier i;l East Montpelier 14 Plainfield 15 Marshfield 16 Calais 17 Worcester 18 Woodbury 19 Cabot Windbam County 1 Vernon 2 Guilford 3 Halifax 4 Whitinghano 5 Wilmington 6 Marlboro 7 Brattleboro 8 DummerstOD 9 Newfane 10 Dover 11 Somerset 12 Stratton 13 Wardsboro IJ Brook] ine 15 Putney 10 Westminster 17 Athens ]H Towishend 19 Jamaica 2('» Ij»ndonderry 21 Windham 22 Grafton 23 Rockingham Windsor Counly 1 Springfield 2 Chester 3 Andover 4 We • ' ' an important aijent in educational work. Prior tn that date there were less than fifty public libraries in the St.ue; but a de cade later there were more than one hundred and fifty. The estab lishment of these lib raries invited benefac tions and, as a n-sult, more than a score of handsome and substantial library buildings were erected within the LiliiJiv at naii\il!r Education 89 decade. The traveling library came into existence through an act of the Legislature of 1900, and in less than three years twenty-five stations were established. The churches, with an average Sunday attendance of about one-third of the population of the State, together with their Sunday schools, are considered important educa tional agencies. Old building at East Poultney, where " Northern Spectator " was printed, and where Horace Greeley learned the printer's trade For the dissemination of news and information there are nine daily and nearly sixty weekly papers published in the State, together with several monthlies. All of the important places of the State are supplied with telegraphic communication, while telephone lines extend to nearly every place of business in every town and city. There are over five hundred postoffices in the State, but rural free delivery of mail is rapidly supplanting offices of the fourth-class. The first rural free delivery route in 90 Geography of Vermont Vermont was established in the town of Grand Isle and delivery began on December 21, 1896. Soon thereafter this was followed by another route in the same town, one in South Burlington and one in Tinmouth. At present there are over one hundred routes in each Congressional district. Waterbury High and Graded School N^'allingford High and Graded School Education 91 Exterior of old Church at Rockingham ' Within a churchyard's sacred ground, Whose fading tablets tell Where they who built the village church In solemn silence dwell." — Saxe Interior of old Church at Rockingham " The villagers repair On each returning Sabbath morn TTiTfn the Hoii9« of Prayer." — Saxe Middletown Springs High and Graded School Wiliiiinniiin Higli and Graded School Tables 93 GEOGRAPHICAL DATA LongitudeLatitude Length (North and South) Width (Northern Boundary) Width (Southern Boundary) Area . approximately, 10,000 square miles Population (Census of 1900) . . . 343i64i 73 25'-7i 33 45" 43"- 42° 44' approximately, 160 miles " 90 miles " 40 miles AREAS OF THE COUNTIES OF VERMONT From Thompson's Vermont 1842 Addison 700 sq. miles Bennington 610 Caledonia 700 Chittenden 500 Essex 581 Franklin 600 " Grand Isle 82 Lamoille 420 Orange 650 Orleans 700 Rutland 958 " Washington 503 Windham 780 " Windsor 900 From Thompson's Geography and Geology of Vermont 1848 719 sq. miles 612 " 640 " 485 " 620 " 549 " 77 " 431 " 650 " 689 " 862 " 571 " 782 " 893 " ^7) 94 Geography of Vermoxt o x y <_- — — '^ r^ ^_' '; -:j 1; r; '; "' .^ S 2 ,? •" |;.5 12 ^ r^ o v: cr. '7: cc -.i ^"i j^. o"f T- t: ff r/ .'* ~. t' ^t o ^^ oi l-; co u < r-r ^i'^*^"'2^-^^~^et^^lri;^~^" 2 O r* I- ii — <^ ?i .^ -f L- n i-* — e; rS o ' t~ "/ T. 'J: t'i c- :s -.J f .: ( — z ^ T. -.D -r — ~ ..-. y: j: y: :n — • ri — ~ ' ;c X I- ¦ c~ O t~ X M t> t ¦ t^ q: -.c {> r> ; -r .'"'; L- ^t c^. ¦ o ho -3 — Ji ¦' «1 Cj =¦ O ' j2 c - ^ = 3= -i^ c.a ^ ¦^ u u o lu ^' i- - ^ ¦- ^ ^ ^ ^ ~ .- - ^ .;:: Qj — - i' nj y / / a to Tables 95 '-' O -^ M OS CO 05 — I 00 Tt* r-1 00 ?ff IO TP (M W^Oi-cT'r-mOSO'-HC-COWiOCtiCOCO- lOOCiCX)(MOTJ'^^— 'CDCOt>lOTjr-'(rQir-o»ocMi^COCOO'>*Tj*WlO«Tj"lCQOCQOO(ri»Ci^tQO ir3CQO(MWCSOO£-CSCOC*iOOt-CDi>'^ ^^ ?o C^l ^^ w ^ COOlO-C5'M£>OiOOOr*lOlOI>COCO(M^C0CDC5^OC:OOC^^OC0iMCQiC^t> (r>t-i-H-HCOQOlOI>ODOt>WOi:CiOOOCO '^Q0C5T}*( ,_._ ,___,_._ ,_ —.coo CO — ' C5 00 (M cs t- in c- CO ^^ '^ (M TJ^MD-T-'0^-ococ5(^^cooocvtomo: aooOC-OOrHQOC>iCOQDTPL---^ — . CO 1-1 ^ ^ r-. 1-1 ir3CiOif5iMI>CDt> COCQCOm-rrCSt-'— 'COffl>I>OJCO O £> 1-1 00 =0 rj< O -rji ^COl-1 rt _H ,-1 ^ ^-0^-(M^Oln^Om'^500COOCOCOCO•— 'H5 Ol— 'OmiOOilOCOCOi— iCOTprp^DOt-CS W-^in C010"^Q0OC0C3 -^iOTj^ir^CO f-iCO^ ,_, ^ ^ C<1 tJ(MC5C-C50coin'--(COoo -t-t-ir-tMin Tj^oc^ (Min(^j5DTjD:)O00i>C-O(MTj*Q0O -lOCOr-WQO OtJ'CCtJ<"<*OCOOCO'^C^1 •000*0'— iCO Lnojc^ r- iCCt— (<:dcmoo -cocoinc^i— I .— .'^Q0'^^-0'-''0'^COCO oi>incocor>r*Tfocot:-Ci CO Ci CM i> O t- • cs iM TtH ir2 o • o £> 1— I in o • C5 (M TT 1-1 Ud, Oi-irtro o^ooj art vj^iS Dr'^S CO TJH CO C5 CO O O CO CO o* in CO to IO 1> .— I O O "^ CO Ci i> 00 Tt* O ?> IO O o c: 00 -^ T*< Lf^ r— , 00 r— I C~- O IO CO CO 1— I 1— I .— I I— I ,— ( cvj t- (M CO '*-,•' CO -^ o in C3 1— ( yj ct CO CO (M O O ¦* CO TP '-"-H (M i-< .-< CM LO w CO --H o r* Oi -rr CO -— I -— I .— ¦ ^ i> c; .— . c^i 00 LO Tf — . ,-, w CM rH Oi TJH X -t- O O CO IO O CO TT CO O i> 05 C5 1— 1 »o c: CO "^ CO t— I I— I C^i 1— ( T—t T-( CO r* in 'rt o: c^I (M O £> Ci O O lO IO ^H IO CO -T IO i> Ci _ C^^ 1-1 r-J H0oo<^1—4 oj>co 00 -r o CO CO ct CO CM Lr; (M lO O O CD Ci CO lO {> Oi Oi ^ r~t Tp CD -^ CD CD l-H OI CO O CO CO ¦r-. O CM t- CO CD 00 CM Tj* 00 i-H CI 7-1 r-i GO i-H o in i> c— 1 OS ^ in CO LO GO CO CM o Q i-H O O C5 IO 1— ( O O O Tf Tf CO i-H cs "^ TT CM Tf i> CO O " CQ T-l CO CO -^ 00 O O CM LO O r-i 'T CD CM '^ GO i—i LO CM CM in V c I. I. C o >- ti != rt D rt t- rt ." >> cqaqOOMWiJ Population of Vermont by Towns — Caledonia County Continued. TOWNS. New ark Peacham Ryegate Sheffield St. Johnsbury . Stannard Sutton Walden \V,-iterford Wheelock Bolton Burling-ton City Charlotte Colclie^fer Essex Hinesburg iIuntinf,''ton Jericho Milton 1791 36,5 187 'i4:i 1800 8 87340() 170 (i03 iii 15.3 .'¦)(;.-) .5fJ.S 1810 88 1301 812388 13.34 4334.5;-) 12H!) !l(i4 1820 154 12!)4 994581 1404 (i!)7 580 1247 90(i 1830 257 13511119 720 1.5! 1 2 i6o5 827 I,I5S 8.34 1840 300 1443 1222 821 1887io(;8 1)13 1 388 8S1 1850 CIHTTKNDION COUNTY. 434 1.377 1006 797 27.58 215 1001 910 1412 855 88 ;;i9 249 300 452 470 3.32 HI 5 1090 2111 .3220 4271 fJ35 1231 l(i79 1 5211 1702 1020 137 347 057 900 1489 17.39 354 729 957 1089 100 1 1H24 454 9.33 1 2.38 1332 1009 1082 107 405 514 732 929 914 .381 728 1 1 85 1219 10.54 1()84 282 780 1548 1 740 2100 2130 1860 1870 1880 567 1247 1098 830 3109 240 987 10991171 832 593 1141 935811 4005 228920992879822 079 10411040 884 5800 2.52838931815829 1890 1900 530892 1120 750 0507 239746810 734 590 500 794995 724 7010 222 094 764 705 567 602 045 711 074 547 486 7585 7713 14387 11305 14590 18640 1034 1,5,89 14,30 1.342 1240 12,54 2.575 3041 .3911 4421 5142 5352 2052 1900 2022 2104 2013 2203 18,34 1702 1573 1330 1205 1216 885 8(i2 804 808 723 728 1 837 1009 1757 1687 1461 1373 2451 1903 2002 2006 1585 1804 On o M O O 71 >"0 o< !» O y,H Richmond Shclburn South Burlington . St. George Underhill.. Wcstford Williston 389 "57 7563 471 718 935 1014 1109 1054 14.53 723 987 936 1123 1089 1257 65 212 048 830 28 490 1107 1185 120 633 1025 1246 135 1052 1290 1008 121 1441 1352 1554 127 1599 14.581669 1400 1309 1264 1115 1178 1190 1096 1300 791 664 845 121 111 93 106 1637 1655 1439 1301 1231 1237 1133 1033 1479 1441 1342 1161 10>71202 971 90 1140 888 1176 ESSEX COUNTY. 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U (S £ c o c c 3 ^ . 5 o ra :£fflH ^1 ¦a n cqD50u6Pfet[3MSSS2PHM^CL,ci¦> Barnard Bethel .SIO 1011 BridL'^ewater 972 C;ivendish Chester 1352 1775 Hartford Hartland Ludlow . 1 . . . 3,sl7 1310 2012 Norwich Pomfret .... Rochester 1303 010777019 1 250 1127 709 Stockbridge 3132 822 Weathersfield ]0,S9 Weston 750 West Windsor Windsor 51 3 2119 2557 Population of Vermont by Counties — 1791 to 1900. ^From 179/, to aiid including 1830, from Thompson's Vermont; from /840, from the U. S. Census; olals, from ttie U. S. Census. COUNTIES 1791 1800 1810 1820 1830 1840 1850 1860 1870 1880 1890 1900 6,449 12,254 2,0478,918 567 1,4721,155 564 7,834 34 15,565 699 17,79315,748 13,417 14,617 7,5669,551 1,479 6,534 2,498 1,751 16,318 1,0,54 23,813 5,342 23,581 26,944 19,993 1,5,89214,90014,046 3,087 14,411 3,445 4,021 21,724 4,512 29,487 9,382 20,700 .34,877 217,895 20,469 16,12516,66915,995 3,3.34 14,886 3,527 ' 4,903 24,169 5,390 29,975 13,611 28,457 38,233 235,966 24,940 17,47020,96721,496 3,981 20,977 3,696 8,965 27,28510,88931,295 19,383 28,74840,623 280,652 28,583 16,87221,89129,977 4,226 24,531 3,883 10,475 27,873 13,634 30,699 23,50627,44240,3.56 26,549 18,589 28,595 '23,036 4,650 28,586 4,145 10,87227,296 15,.70733,05924,654 29,06238,820 314,120 24,010 19,436 21,69828,171 5,786 27,231 4,276 12,31126,455 18,981 35,946 27,622 26,982 37,198 23,4,84 21,325 22,235 36,480 6,811 30,291 4,082 12,44823,09021,03540,651 26,52026,036 86,063 24,17321,950 23,60732,792 7,981 30,225 4,124 12,684 23,52522,083 41,829 25,40426,763 35,196 22,277 20,448 23,48035,389 9,511 29,755 8,843 12,83119,575 22,101 45,397 29,000 26,547 31,706 382,422 21,912 -^pnn ino*ton 21,705 24,381 Phittenden 39,600 8,056 T'rn nklin 30,198 <^rand Isle . .' 4,462 12,289 Orancre 19,313 22,024 Rutland 44,209 36,007 Windham 26,1.00 Windsor 32.225 Totals 85,499 154,465 291,948 315,098 830,551 332,286 348,641 NOTE— In 1791, the date of the first census, there were but seven counties in Verjnont and the last county was organized in 1835. The distribution of the population to fourteen was made from the census returns and at a later date. Geography of Vermont /u,KI CHiMHAI N ..^^ymt^- Ji* /, ....J.., '/i, '•' ...,*^4^'~''^¦'''^"¦ /.'„/, /-.rA, -//At ¦V/.Ut- ^ '/UKunU •//¦//- v^A.^/y C£t^»/- Ne< Hampshire and New York Grants; Portion of a Chorographical Map enslaved and printed at New Haven., Conn., copied from Documentary Histoiy N'ol . IV, 1S51 Most Populous Towxs 107 MOST POPULOUS VERMONT TOWNS AT EACH CENSUS In 1791. — Guilford, 2,432; Bennington, 2,377; Shaftsburj', i>999; Putney, 1,848; Pownal, 1,746. In iSoo.-^Guilford, 2,256; Bennington, 2,243; Windsor, 2,211; Woodstock, 2,132; Rutland, 2,125. In 1810. — ^Windsor, 2,757; Woodstock, 2,672; Springfield, 2,556; Bennington, 2,524; Rutland, 2,379. In 1820. — Windsor, 2,956; Springfield, 2,702; Woodstock, 2,610; Hartland, 2,553; Middlebury, 2,535. In 1830. — Middlebury, 3,468; Bennington, 3,419; Burling ton, 3,226; Windsor, 3,134; Woodstock, 3,044. In 1840. — Burlington, 4,271; Montpelier, 3,725; Benning ton, 3,429; Woodstock, 3,315; Middlebury, 3,161. (See note.) In 1850. — Burlington, 7,585; Bennington, 3,923; Brattle boro, 3,816; Rutland, 3,715; St. Albans, 3,567. In i860. — Burlington, 7,713; Rutland, 7,577; Bennington, 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, 6,333; Brattleboro, 5,880. In 1890. — Burlington, 14,590; Rutland!, 11,760; St. Albans, 7,771; Brattleboro, 6,862; Barre, 6,812. In 1900.* — Burlington, 18,640; Rutland, 11,499; Barre, 8,488; Bennington, 8,033; St. Johnsbury, 7,010. Note. — To and including 1850 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 United States Cen sus Reports. tin 1886 the town of Rutland was divided and West Rutland and Proctor were set off; in 1893 the city ot Rutland was organized from territory comprised in the town of Rutland; and again in 1894 a portion of the real estate in the City of Rutland was set off to the town of Rutland. *St. Albans had been divided into city and town by special act of the Legislature of 1896, which gave St. Johnsbury, by 1900 census, fifth place. io8 Geography of Vermoxt COMPARATIVE POPULATION, 1 791— 1900 In 1791 In 1800, In 1810 In 1820 In 1830, In 1840 In 1850, In i860, In 1870 In 1880, In 1890 In 1900, -Population, 85,499. -Population, 154,465. Gain for the State, 68,966. Number of towns that lost, 10. -Population, 217,895. Gain for the State, 63,430. Number of towns that lost, 13. -Population, 235,966. Gain for the State, 18,071. Number of towns that lost, 63. -Population, 280,652. Gain for the State, 44,686. Number of towns that lost, 44. -Population, 291,948. Gain for the State, 11,296. Number of towns that lost, 97. -Population, 314,120. Gain for the State, 22,172. Number of towns that lost, 94. -Population, 315,098. Gain for the State, 978. Number of towns that lost, 136. -Population, 330,551. Gain for the State, 15,453. Number of towns that lost, 144. -Population, 332,286. Gain for the State, 1.735. Number of towns that Idst, 135. -Population, 332,422. Gain for the State, 136. Number of towns that lost, 180. -Population, 343,041. Gain for the State, 11,219. Number of towns that lost, 16^. NOTE. — 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 \ermont, Part 11., pp. 209, 210; and for the later periods in the U. S. Census Reports. Heights of Mountains 109 HEIGHTS OF VERMONT MOUNTAINS {Taken from the Geology of Vermont, A. Guyot and others) West of Main Range Feet. Buck 1,035 Grandview ....1,310 Herrick 2,692 Mount Eolus. . . 3,148 Mount Equinox. 3,872 Mount Anthony. 2,505 Main Range Jay ; Sterling Mansfield Chin Camel's Hump. Lincoln Pico Killington .... Shrewsbury . . . Bromley Stratton Haystack Feet. 4,018 3,700 4,389 4,088 ,4,078 3,954 .4,221.3,845.3,260 3,839 ,3,462 East of Main Range Feet. Monadnock ....3,025 "Westmore 3,4°° Mount Pisgah. .3,800 Burke 3, 500 Blue 2,200 Mount Ascutney 3,320 {Reported from the office of the U. S. Coast Survey) Killington 4,241 Mansfield, Nose 4,071 Lincoln 4,024 Jay 3,861 Mount Equinox 3,847 Haystack 3,4^5 Grandview 1,322 Black 1,269 The elevation of Lake Champlain is given in the U. S. Coast Survey Report as 97 feet; by A. Guyot and others as 90 feet. AREA OF VERMONT LAKES AND PONDS {From report of the State Fish Commissioners for lgoo-2) Tributary to the Connecticut RiverAcres Fairlee Lake 1,500 .Morey Lake 1,300 Groton Pond 1,800 Joe's Pond 1,000 Maidstone Lake 1,000 Tributary to Lake Champlain Caspian Lake i,2oo Franklin Pond 1,800 Fairfield Pond 1,500 Lake Dunmore 3,000 Lake Bomoseen 15,000 Lake St. Catherine 2,000 Trib jtary to the St. Francis River (A) Through the Coaticook River Acres Great Averill Pond 1,200 Little Averill Pond 1,000 iB) ThrouEh Lake Memphremasoz Willoughby Lake 5,500 May Pond 1,000 Crystal Lake 1,400 Island Pond 1,500 Seymour Lake 5,000 Salem Pond 1,000 Great Hosmer Pond 1,000 (8) iio Geography of Vermont DATES OF INCORPORATION OF THE COUNTIES OF VERMONT Bennington . 1778 Franklin 1792 Windham 1778 Caledonia 1792 Rutland 1781 Essex 1792 Windsor 1781 Orleans 1792 Orange 1781 Grand Isle . 1802 Addison 1785 Washington . 1810 Chittenden 1787 Lamoille 1835 LIGHTHOUSES IN VERMONT L.\K£ Champlaix Alburg (Windmill Point), Isle La ^lotte (Blanchard's Point), Colchester Reef, Burlington Breakwater, Juniper Island (Burlington Harbor). Lake Memphremagog Newport and Whipple Point, -Maxfield Point, Hero Island. FEDERAL COURT HOUSES IN VER.MONT Wind.sor, Rutland, Burlington, .Montpelier, Newport. PORTS OF IN IRY IN \ERMONT Hurlin.iih.n, St. .Albans, .Albu,- (bridge), Alburg Spruigs, Windmill l\„nt (in Alburg), Swanton, High- gate, i-ranklm, licrkshirc, Richford, North IVoy, Derby Isl.ind P..nd, Canaan, Beecher Falls (in Canaan). History of Vermont ;icAu or i>iMi.ca HISTORY OF VERMONT CHAPTER I Explorations, Raids, First Settlement, War Parties I. First Exploration. — Samuel Champlain entered the lake that now bears his name, July 4, 1609. He came from Quebec where he had wintered and had made a settlement the year before, and he was accom panied by two Frenchmen and The first American sixty Indians of the Algon quin race. The party worked slowly up the lake and, at the end of three weeks, met a larger band of Iroquois Indians near Ticonderoga. These they fought and de feated, and then hastened back to Canada with booty and prisoners. While on this expedition Champlain saw and possibly explored a portion of Vermont. This was the first discovery of the State by white men. champlain monument at Quebec. unveUed Sept. 21. 1898; fifty feet liigli 114 History of Ver.mont 2. The Indians. Fort St. Anne. — ^When North America became known to Europeans it was occupied by several families of Indian tribes. One of these fam ilies, the Algon quin, inhabited the chief part of New England and Canada ; another family, the Iro quois, had its chief residence in New York. The valle\- of Lake Champlain was disputed territory through which war parties often passed. Champlain settled among the Algon- quins and gained their friendship. They would assist First figiit witii tiie Iroquois Indians; drawn by Cliamplain; copied from an old plate Second fis-ht with Iroqt.ois Indians; drawn bv Champlain- ciipied from an old pKnte ' Explorations 115 him to explore Lake Champlain only on condition that he would assist them against their enemies, the Iroquois, in case they met them. Champlain and his two white com panions aided the Algonquins in the battle near Ticonderoga. The Iroquois had never before seen white men or fire-arms, and the use of these strange weapons proved very destructive to them. From this time the Iroquois were bitterly hostile to the French and made frequent raids upon them. For protec tion against the Iroquois the French built forts along the Richelieu River, and one, Fort St. Anne, on Isle La Motte in Lake Champlain, in 1666. This was the first point occupied by white men in Vermont. - b ' '" _ 'inr.n aftpr tVlPiV alliance with Samuel Uc cnamplam at age of sixty-five. OOOn arter tneir ailiance WUll fmnck discoverer of the Great Lakes l-ViP Fi-fltif-fi thp Alcrnnniiins; be- *'"' ^""^ Champlain. He was born tne Jiirencn, tne /\ig0nquins Oe in lS67anddiedinl61S; waseovemor ^ „^ _„«„,. .a..) ., i^at-t-}e.rr,.3ni- of New France, of which Vermont was gan, or renewed, a settlement „„„ claimed as a part. near the lower falls of the Missisquoi River, now called Swanton Falls, which was continued with one short interrup tion until the settlement of the town by the English after the close of the Revolutionary War. No other Indian settlement so permanent has been known in Vermont since its discovery by Champlain. 3. 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 Champlain and Lake George, crossed to the Mohawk Valley and appeared before the Mohawk villages. These villages were sur rounded by triple palisades, while within were raised plat forms for the discharge of arrows and stones against an FmsT Eiro-^OEMJiirT. .1^^: Prospective view of a battle, Sept. 8, 1755, between the English and Mohawk Indians against the French .ind other IndLins (Copietl from an old engraving in the New York State Library ni.h lished Feb. 2, 1756) ' ^ Explorations 117 attacking enemy, and for water -tanks made of bark for protection against fire. There were 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 cap ture 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 coun try in the name of the king of France, the army returned to Canada. Wilcox Point, Grand Isle ; typical chazy cliffs 4. Raid Against Schenectady. — In 1689 England and France were at war and the Governor General of Canada had been di rected to attempt the conquest of the English colonies. So in Janu ary of the next year a force of French and Indians, starting from Montreal and passing through Lakes Cham plain and George, at tacked, pillaged and burned Schenectady, N. Y. They killed many of the inhabitants and retired with much plunder and many prisoners. Settlers watching the burning of their home by Indians ii8 History of Vermont leiSk^ Indian war dance before a raid on settlers 5. F'irst English Expedition. — Early in the fol lowing 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 expedition of English and Indians sailed down Lake Cham plain and the Richelieu River to the neighbor hood of Chambly. From this place they marched through the woods against La Prairie on the St. Lawrence and opposite Montreal. They killed a few settlers, took some prisoners, slaughtered the cattle and burned the houses and barns outside the fort. On their return the part}' stopped at Fort St. Anne, then unoccupied, and at a little stone fort, probably that at Chimney Point. This was the first English expedition through Lake Champlain. 6. Raid Against Deerfield. — England and France were at war (known as Queen .Anne's war) again in 1704, and in the earl\- part of that year a party of French and Indians were sent from Montreal by way of Lake Champlain, the Winooski, White and Connecticut ri\'ers against Deerfield, at that time one (if thc frontier towns In Massachusett-;. The A hotise with palisades for protection town was protected b\- a against Indians palisade; a watcji was kept at night, but the watchmen retlreil at da\break. The snow was drifted high a-^ainst Explorations 119 the palisade and was covered with a strong crust. Soon after the watchmen had withdrawn, the enemy climbed over the palisade and distributed themselves through the town. At a given signal they attacked all the houses at once. The surprise was complete. Many of the inhab itants were killed, more than one hundred were taken prisoners, and the town was burned. The work was quickly done and by the time 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. Among the captives were Rev. John Williams, pastor of Deerfield, and his fam ily, consisting of his wife and seven children, a man servant and a maid servant, both col ored. The maid servant and two of the children were slain at the door of the house. The rest, after being distributed among different groups of Indians, started on the journey. Mrs. Williams, who had not fully recovered from a recent sickness, traveled with difficulty and in a separate group from her husband, whom she met only once after they left Deerfield. They did not expect to meet again and they comforted each other with the promises of the Bible and with the hopes that were born of their Christian experience. On the morning of the second day, while wading a brook, Mrs. Williams fell in the water. Although able to gain the opposite bank, still she was hindered by her wet clothing and lagged behind. An Indian, who called himself her master, cleft her head with a tomahawk. He did this before the eyes of one of her sons who An Indian outbreak ; the settlers alarmed I20 History of Vermont found an opportunity on the following day to describe the act to his father. Some fifteen or twenty of the captives were killed during the first three days of the march. The party stopped over Sunday beside a branch of the Connecticut River, a little way above Bellows Falls, and Mr. Williams preached a sermon to his fellow captives. From this circumstance the stream was named Williams River. At the mouth of the White River the party divided. One division went by way of the WTiite River and the Winooski, crossed to the islands in Lake Champlain, turned aside for a few da}-s' rest at the Indian village near the present village of Swanton, and then went on to Canada. The other Connecticut River to the J Indian squaws building a birch bark wigwam division kept along up the great meadows in Newbury, near which they remained until corn-planting time. Corn was planted in the meadows and the Indians would have remained for the summer if they had not heard that some of their tribe living about twenty miles below bad been attacked and nearly all destroyed by partisans of the Eng lish. Then the pnrt\- mo\cd on to Canada by way of the ^^\¦|ls and A\/;„„, 1 • J T , .-,, Indians hunting deer Winooski nvcrs and Lake Cham- with bow and arrow plain. The Rvv. John Williams was \xith the first division, and liis son Stephen with the second. Both Explorations 121 were exchanged, returned two years afterward and wrote narratives of their captivity, which are valuable and easily accessible. Eunice Williams, daughter of John, remained in Canada, married an Indian, and was the ancestress of numerous descendants. 7. The First Settlement. — There were settlements in North- field, Mass., previous to the Deer field raid. At a very early day these settlements extended north on both sides of the Connecticut River be yond the Massachusetts boundary, as afterwards determined. The first settlement by the English in the King Philip, Indian chief ^ f TT • 1 (From old plate in Schoolcraft's present btate of Vermont was in the ¦indian Races." 1848) town of Vernon, then a part of Northfield, Mass., and not later than 1690. 8. Fort Dummer. — After the close of Queen Anne's war in 1 713, new settlements were rapidly made in Massachusetts and, to protect them, in 1724 Fort Dummer was built beside the Connecticut River near the present village of Brattle boro. The original fort was about one hundred eighty feet square, built of white pine logs cut in the imme diate neighborhood, hewn square and laid up, interlocking at the corners in the manner of a block house. At convenient places on the walls, boxes were placed for sentries and platforms for cannon, one of which, known as the Great Gun, was fired as a signal whenever Indians were discovered in the neighborhood. Indians trading at Fort Dummer 122 History of Vermont Houses were built uithin, 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 min ister was sought out to serve as a chaplain to the garrison and as a mi.ssionary to the heathen Red Men. Soon it was believed that a profitable trade in furs might be carried on there, and an agent was appointed and provided with ^ '^-' -. Fort Dummer Old log fort, showing manner of building means to conduct the business. So in a short time Fort Dummer had become a military post, a missionar\ station, a tradini,' house; and within and around it grew up a settlement. <). K.XPLORIXG P\rtii:s.— Many exploring parties were sent out from the fort and its neighboriiood during the early years of Its occupation. In 172s, a part\ went by way of the e'onnccticut. Wells and Winooski rivers to Lake Cham plain, and fl\c yc.ii-s later another party explored the route Explorations 123 by way of the Connecticut and Black rivers and Otter Creek to Lake Champlain. This second route was called the " Indian road," because of its frequent use by the Indians in their journey between Lake Champlain and Fort Dum mer. In 1 73 1, 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. ID. Temporary Forts and Settlements. — It does not appear that the fort built by Captain De Warm was used or intended for permanent occupation. Likewise the French Fort St. Anne, a larger and more important work. The site of old Fort St. Anne, at Isle La Motte seems to have been used only for temporary 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 Alburg, but were deserted when Canada became a British Province. 124 History of Vermont II. Boundary Between New Hampshire and Mas sachusetts. — Fort Dummer was built by Massachusetts. At that time there was a dispute between New Hamp shire and Massachusetts relative to boundaries. 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 would have been found crossing Black Moun tain. The dispute was at length de cided by the King of England, who gave to New Hampshire more than she claimed. In accordance with the King's decision the boundary iine be tween Massachusetts and New Hampshire was run in 1 741, the work of which was assigned to three surveyors, each of whom had his particular portion or line. Richard Hazen, beginning near Merrimac River, " marked the west line across the Connecticut River to the supposed 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 Repre sentatives and its Council. Soon after the boundary line between them was determined, a Governor was appointed for each province. A Puritan maid 12. 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 until it meets his Majesty's other provinces. Thc western boundary of Connecticut, except Explorations 125 fixed as a line twenty in the southern part, had been miles east of the Hudson River and parallel to it. Massachu setts claimed that her southern and northern bjundaries 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 estab lished, lands had been granted and settlements made in ac cordance with it. The author ities of New Hampshire claimed that the territory of that province extended toward the west as far as that of Alassachusetts did, and, in January, 1749, Governor Went worth granted a township six miles square, lying six miles Benning Wentworth, Royal Governor of New Hampshire from 1741 to 1767 Indian pipes north of the north iine of Massachusetts, and twenty miles east of the Hudson River. The township was surveyed according to the grant, and was named Bennington. 13. Settlements Near Fort Dummer. — The period extending from the building of Fort Dummer to the ap pointment of Governor Wentworth was one of comparative (9) 126 History of Vermont Map of the New Hampshire Grants soon atter the erection of Fort Dun Explorations 127 quiet. A few townships had been granted by Massachusetts in the vicinity of the fort and settlements had been begun in them. The most northerly of these settlements was Number Four, now Charlestown, N. H. 14. The First French and Indian War. — The year 1744 brought to America news of war between England and The foTIowmg^ among otlier^mplemehfs pf Indian manufacture, all of stoiie, are occasionally picked up. ' The nrrs vary fiom half a pound to five ] or six pounds. j France. This im plied war between the New England colonies and the French and Indians of Canada, and pre parations were at once begun on both sides. 15. The Main tenance OF Fort Dummer. — The maintenance of Fort Dummer was necessary to the safety of ]\'Iassa- chusetts, but the survey of 1741 had shown it to be be yond 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 Governor Wentworth directing him to urge the Assembly of New Hampshire to provide for the fort, on the ground that its maintenance was necessary The .,'niijr iir ' ornctm s frrr oved till I Iiflic Aili lu knith, «lii(h 13 jen- 1 11, h 111 ^ t . li mcliL> JPI rnir ; (i re t n o e tj ti% d n he^.bjg . Indian implements found in Vermont 128 History of-' X'ermont 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 As sembly voted to garrison the fort, but on such conditions as the authorities in .Massachusetts thought insufficient. So Massachusetts supported the fort. i6. Scouting Parties. — Fort Dummer now became one of a series of forts extending from Number Four in New Hampshire to Fort Massachusetts in the Hoosac Valley, near the present village of Williams town, Mass. Frequent scouting parties traversed the line of forts and were sent directions. sometimes in other In Indian chisel, pick and spear at University of Vermont May, 1748, one of these parties lett Number Four by the " Indian road " alreadv men tioned. They kept together until 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 and com manded by Captain Eleazar Alelvin, when opposite Crown Point fired upon some Indians who were rowing on thc lake, and were pur- s u e il . To avoid their pursuers tlie^ Indian Utensils (Copied from old plate E.xplorations 129 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 Captain Phineas Stevens, not meeting the first and fearing danger, crossed the mountains to the Quechee 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 Captain Humphrey Hobbs, with forty men, left Number Four for Fort Shirley, near the Deerfield River in Massa chusetts. About twelve miles from Fort Dummer, in the <>.~«%|J^^ present town of Marlboro, 'V'*f^«'^*? Vermont, the party halted for dinner with guards posted in the rear. AVhile at dinner they were attacked by a large force of Indians. A fierce onset of the Indians was repelled b)' the English, when the men of each The Bridgeman Fort erected at , , , , , Vernon in 1746 party sought the shelter of (From old engraving) trees and fought as sharp shooters. After a severe battle the Indians withdrew. Captain Hobbs had three men killed and two severely wounded. The next day he marched with his force to Fort Dummer. 17. Vermont in 1749. — During the war from 1744 to 1749, Fort Dummer and the fort at Numbei 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 Con necticut River had been captured, abandoned or destroyed. Fort Dummer remained alone of English settlements within I30 History of Vermont 1 8. Positions and Aims of the English and the French. — The English at this time held the country be tween the Appalachian Mountains and the Atlantic Ocean from .Maine to Georgia. The French held Canada 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. 19. Washington Sent to the Ohio. — In the spring of 1754 an expedition was sent from Virginia under George Washington to complete and protect a fort already begun at the junction of the Alleghany and Alonongaheia rivers, which is the beginning of the Ohio River, where is now the city of Pitts burg. Before "Washing- Flags used at time ofthe Revolution ^°" reached the place, the English, American, Washington's French had gained posses sion of it and had sent a force to meet him. Wash ington defeated that force and built a fort for his own defense which he called Fort Necessity'. This he was obliged to surrender July 4. 20. 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, Ne^\- ^'ork. The delegates there assembled renewed for the colonies their treaties of friend ship with the Iroquois and adopted a Plan of Union for the colonies \vhlch nv as presented b> Benjamin Franklin, but was not accepted by thc colonies or b\ the kins:. Explorations 131 21. Second French and Indian War. — War between France and England was declared in 1756, and both nations had already sent troops to ' America. For four successive years, beginning with the declaration of war, efforts were made by the English to gain possession of Lake Champlain. Many soldiers from the New England colonies were engaged in these undertakings and so became acquainted with por tions of Vermont. 22. A Military Road. — After the capture of Crown Ten Colonial costumes Point by the English, in the summer of 1759, Captain John Stark with two hundred rangers was sent by General 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 largest eastern branch of the Otter Creek and the Black River. 23. Johnson Captivitx'. — Captain Johnson and family with Alessrs. Laberee and Farnsworth were taken captives by the Indians from Charlestown, N. H. (No. 4), August 30, 1754. The first day out on the way to Canada (Aug 31), Mrs. Johnson gave birth to a daughter in the town of Cavendish, Vt. Nearly fifty years later Mrs. Johnson identi fied the places where the Indians encamped and where her daughter was born, and contracted for the erection of stones to mark both spots. Her instructions were ignored and the stones erected side by side, where they have stood for fully a century on the roadside near Felchville in the town of J3^ History of Vermont Reading, but the child was born " up the brook a half mile " in the town of Cavendish. The daughter was named Eliza beth Captive Johnson and was the third English person born in thc State of Vermont. Stones in the town of Cavendish marking the birth of Elizabeth Captive Johnson, born in Indian captivity, 1754 Elizabeth Captixe Johnson, born in Indian captixity undei the most trying circumstances, li\cd and prospered and be came the head of one of \>rmont's most distinguished families. She was the maternal great-grandmother of th« late distinguished Hon. Frederick Billings of Woodstock. Mrs. Johnson wrote a narrative of her captivity, which was published in its third edition at Windsor in 1814 and is one of \'crmont's xxry rare and costlv books. Explorations 133 24. Other E.arly Births. — Col. John Sargent, so far as the historical records of early births can be relied on, was the first English person born in Vermont. He was buried in the West River Cemetery in Brattleboro, where he was born in 1732. Gravestone of first English person bom in Vermont The second recorded birth is that of Anna Averill at West minster in the autumn of 1 75 1. The third that of Elizabeth Captive Johnson in the town of Cavendish, Aug. 31, 1754- 134 History of Vermont 25. Rogers Expedition. — In September, i759. Major 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 hidden in the bushes beside the Missisquoi Bay marched through swampy woods to his destination. The Indians were surprised in the early morning, many were killed, and the village was plundered and burned. Major 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 diflRcult march of eight days brought the little army to the neighbor hood of Lake Memphremagog. They were already short of provisions, and, as a means of safety, the whole parts' \\as now I divided into >1J "j^ ,3. counlcrfeil. ^^^ Fac-simile of Vermont bill of credit, 1781; amount authorized 25,155 English pounds. All were redeemed by the State 136 History of Vermont 26. — 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 IMassaclnisctts 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 17(10. ^-^/--^'^ u:u.. M :fi^ S ^. V.-".- — -u..- — -.• v.;--/ 'i^,./S^.::.:r. % -¦ 1.; - ./,^-. •:; .!/L:.-.-'t:, i- ,;-v.j/-r'. ^^ v. with grass. A few families ' ^^|» ''^¦¦'." came to these meadow^s in ' ^ i 1 - > 1762. They settled on oppo site sides of the Connecticut River and in different towns, but constituted one neighbor- Early backwoods house hood sixty miles distant from before 1770 the nearest settlement, that of Charlestow-n, N. H. From that place they brought provisions by boat in summer and on the ice in winter until they could raise their own supplies. The irons for the first saw-mill in Newbury were brought from Concord, N. H., nearly eighty miles Settlements 139 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 First thanksgiving; set- j . . • i_ TT 1 Ml tiers and Indians at and, m connection with Haverhill, peace had a church and a pastor. In that year there were settlements in nearly all the towns border ing the Connecticut River on the west from Massachusetts to Newbury, and in enough of the tiers ea'st of the Connecticut to fill the gaps in the line of the river towns. A settlement had also been made in Guildhall. 3. Timothy Knox. — In some of these towns the people were few. The entire population of Wood stock at this time consisted of Timothy Knox. He had been a fellow-student in Harvard College with Elbridge Gerry, who afterwards signed the Declaration of Independence, became Governor of Massa chusetts and Vice-President of the United States, whose virtues have been extolled in history and one of whose de vices has been embalmed in the word gerrymander. Knox had not been requited in an affection he had bestowed, so went to Woodstock, built a shack in which he slept, cooked his food, and stored his furs. For three years he was the only inhabitant of the town. (*i«L, A corn crusher and old chair I40 History of Vermont 4. Niiw 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 head waters of the Otter Creek, on the east to Guild hall. Beginnings had been made in some twenty-five townships, and wherever the popu lation was sufficient towns had been organized. Before this date one hun dred fifty towmships had been granted by Governor ^Vent- worth of New Hampshire to purchasers who constituted a large and influ ential portion of the citizens of the New England colonies. The country in which these lands lay was then called the New Hampshire Grants. 5. 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 Lieutenant Governor Colden of New York, in which he recited an order of the King of England declaring the west bank ol the Connecticut River to be the boundary bet\veen the provinces of New Hampshire and New York. 6. Changiid Jurisdiction. — By this decision the lands granted by Governor Wentworth west of the Con necticut River were placed under the jurisdiction of An early settler Settlements 141 At home in 1776. Spinning before the fireplace New York. But not until surveyors appeared in the valley of the Battenkill, laying Sut for New York grantees fields just won from the forest and for which payment had been made to the Governor of New- Hampshire, did the set tlers believe that their titles to their lands would be questioned. 7. A Convention. — A convention of settlers w-as held at Bennington in the early autumn of 1765- 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. Samuel Robinson of Bennington was selected as an agent of the settlers to lay their case and their claims before Governor Moore, then newly arrived in New York City. 8. Claims. — The New York Party. — The New York authorities persisted in their claims. Both parties granted that the lands in dispute originally belonged to the King of England. The New York party claimed that a grant of all lands between the Connecticut River and the Delaware Bay, made by the King to the Duke of York in 1664 and confirmed ten years later, included the lands west of the Connecticut recently granted by Governor Wentworth, and had never been set aside with respect to them. Consequently the grants made by Governor Went worth were without authority and null and void; and this (10) 142 History of Vermont party demanded that the settlers procure new patents, pay ing the customary fees for them upon pain of ejectment. The New York officials were desirous of 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 constitution of British society, and they feared the democratic tendencies of New England. The leaders of the New England 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. 9. The Settlers. — Claims. — The settlers had invested money and labor in these lands to make homes for their families, and to give up their claims would reduce many of them to abject povertv. They were Indian wampum belt ^^^^^^ ^^^. ^^ey had growm up under the influence of the town meeting, the local church and the district school. They were men of mark in their former homes. They had been active in civil affairs. They had raised companies of militia and of rangers for the wars. They had out-fought the French man and had out-witted the Indian. They had organized companies to settle in the new country. They were fond of arguments, and the statement and defense of personal rights was for them an intellectual pastime. They said that the grant of 1004 was too indefinite to support thc 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 Settlements 143 it and the territory near it belonged to New Hampshire; and that in his commission to Governor Wentworth he implied that New Hampshire extended as far west as did Massachusetts and Connecticut — to within twenty miles of the Hudson River. They also maintained 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 furthermore declared that in their new home they meant to stay, and, as for themselves, they would never pay a second time. The issue was direct and the parties might soon have engaged in hostilities except for the larger questions raised by the stamp act and promoted by the colonial congress held at New York in October of that year. The dispute went on and was carried ^ ^,^^,^^ ^,^^^ to the courts of New York for decision. f„7=^''„ij„"i,™^ The claims of the settlers found no recogni- »^= ™ »'J^^''°=i- tion 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." It must be noticed 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 fur ther orders respecting them. 10. The Green Mountain Boys. — We have seen that Bennington had an organized military company pre- l4-^ History of Ver.mont vious to 1765. Between October, 1 764, and 1772, a regi ment was formed, called The Green Mountain Boys. Elijah Dewej' was captain of the Bennington company. II. Sheriff Ten Eyck. — July 19, 1771, Sheriff Ten Eyck of Albany county, in which Bennington and the adjacent towns were then included, accompanied by a posse of four hundred armed men, citizens of the county, attempted the ejectment of James Breckenridge from his farm in Bennington. The Bennington militia were found in possession of the house and advantageously posted in the vicinity. A parle\- was held. The men of Bennington declared their intention to maintain their position at every cost; the sheriff's posse was unwilling to make an attack, so the sheriff withdrew with his three hundred men. This was a great victory for the claimants under New Hamp shire, as it showed that the official and land-jobbing classes of New York were not supported by the people. A pre vious attempt at serving process had been made October 19, 1769, and peacefully resisted. t)ld home of Ethan Allen, court house and church at Bennington t'cntor; only the church now st.indiiu' Settlements 145 12. At Otter Creek Falls. — Two years after the affair at Bennington, one Colonel Reid, who had previously driven off New Hampshire grantees from the lower Otter Creek Falls at Vergennes, and who had himself been driven away by the Green Mountain Boys, returned with a party of newly arrived Scotch immigrants, whom he put in 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. 13. 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 afterwards doubled by vote of the Assembly. To this the settlers in convention at Man chester replied March 16, 1774, just a week after the offer of the reward, by a resolution in which they said, "We will stand by and defend our friends and neighbours, who are indicted, at the expense of our lives and for tunes." And the persons for whose apprehension the reward old court house at Woodstock had been offered responded by =''°"t i793- (From old plate) First political division of Vermont Settlements 147 a proclamation declaring that they would "kill and destroy" any persons attempting to capture them. 14. Counties. — New York at first treated the en tire territory between the Connecticut River and Lake Champlain as belonging to the county of Albany. But the distance from the county seat, A bit of Vermont pasture 'Farther off blue mountains stand Like giant guards on either hand. " — Dorr. in the absence of roads, rendered the administration of justice difficult, if not impossible, in the further por tions of the county, and led to the establishment, in 1768, of Cumberland County. This new county had an area nearly the same as that of the present Windham and Windsor counties, and Chester was made the shire town at first. 148 History of Ver.mont Two years later the county of Gloucester was formed, extending from Cumberland County to Canada, and from the Connecticut River to the Green Moun tains. 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 until, 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 and Arlington to Canada, and included as large a territory west of Lake Champlain. The shire at first w-as at a hotel near Fort Edward, but later it was removed to Skenesboro, now Whitehall. Only a small portion of Vermont was then left in Albani,- Count\'. In 1772, Westminster was made the shire of Cumberland County, and Newbury the shire of Gloucester County. 15. Attitude of the People. — One purpose lead ing to the formation of these counties was to attach the inhabitants to New^ ^'ork hy the emoluments of office and participation in the local government. The plan was but partially successful. The Green ^fountain Boys were dominant everywhere An old-fashioned oven '''^f °^ ^^^ mountains, and prevented any exer- Settlements 149 cise 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 pub lic 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, in turn, appointed inferior officers and performed other duties which in New England were performed by the towns in town meeting. The officers were selected from the friends of the official and aristocratic party, and, as they held office by appoint ment, they were little dependent on the people, and their conduct was not always conciliatory. Party spirit ran high. The courts were distrusted. The executive officers were hated. In 1770 the June term of the court at Chester was in terrupted by a band of men who denied the right of New York to estab lish a county on the New Hampshire Grants. 16. Massacre at Westminster. — In 1774 the colonial government of Massachusetts came . ,, , Interior old courthouse practically to an end. ^^ Westminster I50 History of Vermont The provincial assemly was replaced by a provincial con gress. 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 West minster for March 14, 1775. The judges were appealed to, but declined to make any promises. The day previous to that set for the opening TTr , ¦ , ^ , , of the court, a large Westminster court house and " jail number of men pro- \ ided with staves and clubs took possession of the court house. The sheriff appeared with a posse of armed men and demanded admit tance. This was refused except on conditions which w-ere not acceptable to the sheriff, and he 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 \xhom, \\'illiani French, died in a few- hours. The wounded and some others were made prisoners and were lodged in the jail, and the victorious party spent the rest of the night in carousal. In the morning Settlements 151 armed men came in from the surrounding 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 Captain Robert Cochran of Rupert, and many men from New Hampshire and Massa chusetts. This uprising of the people of Cum berland County was not only an expres sion of the dislike of the majority of the inhabitants to the measures of the mother country, but also to those of the local government of New York. 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 attention was drawn to that. Tombstone of William French at Westminster The four horse coach of other davs 152 History of Vermont Ethan .Allen statue at the State House, Montpelier Work of Larkin Goldsmith Mead of Brattleboro The Revolutionary War 153 CHAPTER III The Revolutionary War ICONDEROGA.— Late in February, 1775, John Brown, Esq., of Pittsfield, Mass., called at Bennington on his way to Canada to secure the friendship of the Canadians and Indians for the American colonies in the approaching conflict between them and England. He had been selected for this service by the Boston committee of correspondence at the sugges tion of the Massachusetts Congress. Peleg Sunderland, a leader of the Green Mountain Boys, for whose delivery at Albany Governor Tryon had of fered a reward the year before, was his guide. Near the end of March, Brown wrote from Montreal to the committee in Boston, " The fort at Ticonderoga must be se cured as soon as possible 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 battle of Lexington, several gentlemen of Hartford, Conn., raised a sum of money to pay the expenses of an expedition against Ticonderoga and sent it forward by messengers, one of whom was Captain Edward Mott. Mott gathered a few recruits in Connecti cut, 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 even- Development of the American flag 154 History of Vermont ing. May 7, Captain Mott had reached Castleton with one hundred and seventy men, including Colonel Ethan Allen, Captain Samuel Herrick and Captain Seth Warner, three of the eight persons for whose capture Governor Tryon had offered a reward. Here it was arranged that Captain Her rick, with thirty men, should cap ture Skenes boro, now Whitehall, N.Y., and any boats there and send the boats down the lake to Shoreham; that Captain Douglass should go at once to secure other boats; that Colonel Allen should com mand the main force that w-as to go against Ticonderoga. So much had been agreed on, and Captains Herrick and Douglass had started for their destinations and Colonel Allen had started for Shoreham to meet some men w-ho would be waiting there, when, on the evening of May 8, Benedict Arnold, with a servant, a new uniform and epaulets, arrived at Castleton with a commission from the Massachusetts Committee oi Safety authorizing him to cnhst men for the capture of Ticonderoga, and demanded that tlie command of the expedition be given to him. The men utterly refused to accept him as a commander." He liad not enlisted them as the terms of his commis sion required. They hatl enlisted on the express condition that they should be led by their own officers. Fort Ticonderoga. (From old picture published in 1855) The Revolutionary War 155 Before leaving Castleton, Colonel Allen had sent a messenger, w-hether Major Gershom or Major Samuel Beach, is now uncertain, to summon men. The messenger went through Rutland, Pittsford, Memorial tower to General Ethan Allen; dedicated at Burlington August 16, 1905, the 128th anniversary of the battle of Bennington Brandon, Middlebury, and Whiting, to the lake side in the southerly part of Shoreham, making a circuit of sixty miles 156 History of Vermont in twenty-four hours and summoning his men. To the same pl.-ice the little arm\' marched May 9, going north from Castleton until they reached the military road that we saw John Stark opening sixteen years before. Boats were collected during the night and, before the dawn of Ma\ 10, two hundred and se\ent\ men faced toward the lake waiting to cross. Allen and eighty-two men w-ere 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 w-ay to a gate, where a sentinel was surprised and over- powdered ; and the Green Mountain Boys rushed through the gate, formed on the parade ground and roused the gar rison with their huzzas. Allen was show-n to the lodging of Captain Delaplace, the commander, of w-hom he de manded in- i^w;!^^-^ ¦- -j^jaj slant surren der of the • fortress " In the name of the Great Jehovah and the Continen tal Congress." The fort w-as surrendered \\-ith its gar rison and stores, So, before the members of the second Continental Congress had breakfasted the first day of their session. Ethan .Mien's capture of Fort Ticonderoga; the surprised commander. (From old plate) The Revolutionary War 157 the key to Lake Champlain and the guns at whose bidding General Howe was to evacuate Boston the next spring had been captured in its name by a band of back- w^oodsmen under the command of New York outlaws. The next day Crown Point was captured by a force under Captain Seth Warner. 2. Americans Possess Lake Champlain. — The Green Mountain Boys w-ould not have Colonel 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 vessel at St. Johns. They had gained possession of a schooner and several bateaux and with these and such> a force as they could carry the expedition was made. Allen com manded the bateaux; Arnold, the schooner. A favor ing wind enabled Arnold to outsail Allen. Arnold captured the vessel, and, returning by the help of a changed wind, met Allen, who insisted on attempting to take St. Johns. The force proved to be insufficient and the whole party returned to Ticonderoga. By the capture of this vessel the Americans obtained control of the whole lake. 3. Warner's First Regiment. — As soon as prac ticable after their capture a force was sent from Connecti cut 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 author ity 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 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 (11) 158 History of Vermont Congress, Allen and Warner went to 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 according to the advice of the Continental Congress. The regiment was at length formed and Seth Warner was chosen commander. 4. Invasion of Canada. — In the early autumn an army was sent into Canada under the immediate com mand of General Alontgomery, and Warner's regiment made a part of it. WTiile the main army w-as besieg ing St. Johns, Colo nel Ethan Allen and Major John Brown, w-ho went to Canada with Peleg Sunderland for a guide the spring before, were sent, each w-ith a small force to arouse the Cana dians for the Amer ican cause. Both w-ere in the vicinity of Montreal, which w-as but slightly protected, and they formed a plan for its capture. Tiiey were to cross to the island in the night of September 4 and to attack the tow-n from opposite sides at (lawn. Allen cro.ssed over at the time appointed, but Brown did not appear; and Allen, having but a small force Soldiers' Monument at Manchester Dedicated July 4, 1905, to the soldiers ot all the \vnrs The Revolutionary War 159 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 siege of St. Johns and until the capture of Montreal by General Montgomery, soon after which it was honorably discharged from the service. After he had secured Montreal, Mont gomery proceeded to Quebec, where he joined Colonel 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 dis astrous defeat of the Americans and in the loss of General Montgomery killed and of Colonel Arnold wounded. The command of the defeated army devolved upon General Wooster of Connecticut, who, by personal letter, asked Warner to raise a Green Mountain Corps and come to his assistance. Warner and his friends responded promptly and were of great service, especially in protect ing the rear of the retreating army which reached Ticonderoga in June. Again Warner and his men were discharged. 5. A Continental Regiment. — The day after the adoption of the Declaration of Independence, Congress resolved to organize under its own authority a regiment of regular troops under officers who had served in Canada. Warner was made commander of the regi ment and the other officers were mostly men of the New Hampshire Grants who had served with him before. The regiment was continued with Warner in command until 1 78 1. 6. On Lake Champlain, 1776. — For several months of 1776, there was a navy yard at each end of Lake Champlain. The British under General Carleton i6o History of Vermont at St. Johns and the Americans under General Arnold at Skenesboro were making every effort to build and equip a fleet with which to control the lake. Arnold moved towards his enemy first, but the British fleet was the stronger. In a severe battle, fought October ii between Valcour Island and the New York shore, Arnold's fleet was severely crippled. During the night he sailed away to the south without attracting the enemy's attention. Pursuit began as soon as Arnold's escape was known to the enemy. Soon the British thought they sighted his vessel through the dawning light and fired upon it. Their two largest ships poured broadsides into it until the increasing light showed them that the rock, since known as Carleton's prize, was receiving no damage. Aleanwhile, Arnold was moving south as fast as he could. The British overtook the American vessels and Arnold fought them with a part of his ships w-hile the rest w-ere making their way toward Ticonderoga. At last finding himself quite overpowered he ran his ships aground near the mouth of Otter Creek and set them on fire, escaping with his men to the shore. General Carleton took possession of Crown Point and threatened Ticonderoga. General Gates, commander of the American forces at Ticonderoga, called on the militia for assistance. The New- Hampshire Grants furnished two regiments that a few weeks later, after General Carleton had retired to Canada, were dis missed with honor by General Gates. 7. C.\mp.\ign of 1777. — In 1775 the Americans drove the British from Lake Champlain, captured Montreal and besieged Quebec. The next year the Americans were driven from Canada and up the lake to Ticonderoga. For the campaign of 1777, the British had planned the reco\'er\ of the Champlain-Hudson valley and the establishment of a line of posts from the St. Lawrence River to the New York Bay, by w-hich the confederate colonics would be divided and co-operation The Revolutionary War i6i between the New England colonies and those beyond the Hudson River would be prevented. To this end an army of more than seven thousand veteran troops, the best that Europe could furnish, with Indians, Canadians and Tories enough to make the number ten thousand, under the com mand of General Burgoyne, was to move up the lake from Canada, and a sufficient force was to move from New York up the Hudson River to meet the army of Bur goyne. The British army encountered no opposition until it reached Ticonderoga. Here the fortifications were ex tensive. To the original fort another had been added on Mount Independence in the town of Orwell, Vermont. Communication between these was maintained by means of a floating bridge. Both were within cannon shot of the top of Mount Defiance, which rises above them toward the w-est. These works were occupied by an inadequate force under General St. Clair. The British landed on both sides of Lake Champlain and, on the west, gained possession of the road to Lake George. Still General St. Clair thought he could defend himself against their assault until, just a year and a day after the Declaration of In dependence, he saw the enemy in possession of Mount Defiance. They were constructing a battery. St. Clair's immediate decision was to retreat, and in this his chief officers concurred. Soon after midnight the occu pants of Fort Ticonderoga crossed the bridge to Mount Independence, and before daylight the march from Mount Independence by way of Hubbardton and Castleton toward Skenesboro had begun. 8. Hubbardton. — Colonel Warner had arrived the day before the evacuation with some nine hundred men, mostly Green Mountain Boys, and with Colonel Francis of Massachusetts and Colonel Hale of New Hampshire was placed in the rear of the retreating army. General St. Clair with the main army reached Castleton the evening of July 6. Colonels Warner, l62 History of Vermont }¦ rancis and Hale encamped the same night on a ridge in the easterly part of Hubbardton. Early the next morning they were attacked by a superior force under General Eraser. Colonel Hale withdrew with his regiment. Colonels Warner and Francis sustained the attack. For three hours the battle raged. Both sides fought obstinately and the advantage was with the Ameri cans until the British received a large re inforcement of Ger man troops, who came singing their battle hymns louder than the sound of the musketn-. Colonel Francis had been killed and Colonel r "r- ¦ ¦m- - ,. ''': ,r ''' ' ''¦ ""\i' , .o'' -' / ,.¦/' Ti^i^?,^' / ^ ^v .- ' .^ I/' J^-, !¦'' ' .-^ ^ "^^'"i^ V,, <^ ' > TH — / / c <=* I / •' r i-^ ' ~\' /' . -'/^^ ' /¦='! "/ <'' ¦. ^. ^- ../. 1/^ \,-,-; '", r, / -^ ,. I: -¦ '¦ ¦ i " J^ it , ' i'^--^6^ m Hubbardton battle£round ; copied from plan made for British report of battle. A. Road to Castleton. B. Britisb troops. O. American troops. F. British troops. "Warner rlJrprtPrl liIc American loss. !:4; British loss. IS!. British vie- ^^'^^ncr QireCted HlS (From old plate. ) tory. Date. July 7,1777. soldiers to look out for themsehes and to meet him at Manchester. The loss was heav\- on both sides, that of the Americans in killed, w-ounded and prisoners amounted to more than three hundred. A monument has been erected on the spot w-here Colonel Francis fell. Colonel Hale and a portion of his regiment w^ere overtaken and made prisoners during the day and the arms of the prisoners were stacked in the woods for want of transportation. 9. St. Ci..\ir .\nd AV.\rner.— The enemy reached Skenesboro before General St. Clair reached Castleton, and in consequence, with the remnant of his arm^', he The Revolutionary War 163 marched by way of Rutland, Dorset and Arlington to Fort Edward. Colonel Warner collected his forces at Manchester. 10. At the Head of Lake Champlain. — General Burgoyne reached the head of Lake Champlain in triumph. A renowned fortress had been taken, the army that was to defend it had been scattered, its stores had been captured. The army in front was believed to be weak both in numbers and in fighting capacity. But miles of swampy woodland along Wood Creek and bej^ond it were to be passed ; and to the natural diffi culties of the country the Americans were adding others every hour by breaking down bridges and felling trees so as to render both the roads and the creek impas sable until they had been cleared with great labor. Provisions for disappearing. ¦7 I The Hubbardton battle monument the army were Means of transportation were scanty. Fresh supplies must be brought from Quebec or procured from the enemy. Large stores were reported to have been gathered at Bennington. Burgoyne's army needed the stores. The loss of them would cripple the Americans. Moreover, Bennington was in New England, that hot-bed of rebellion, towards which Burgoyne and his King cher ished a peculiar hatred. So Colonel Baum was sent towards Bennington with a thousand men, Germans, Tories and Indians, and Colonel Breyman was posted with in supporting distance with nearly as large a force. Colonel Baum was directed after the capture of Bennington to send an expedition to the Connecticut River and to scour the country on both sides of the mountains. 164 History of Vermont II. The New Englanders. — Stark. — The New Englanders were not idle. Warner had sent to all parts of Vermont for recruits. His efforts were aided by the Vermont Council of Safety and by a convention of delegates that was sitting at Windsor when Burgoyne reached Ticonderoga. Application for help was made to New Hampshire, whose legislature responded promptly by the appointment of John Stark as a Brigadier General and by provision for calling out and equipping the militia. Stark had gained credit as a leader of rangers during the second French and Indian War, and had fought with dis tinction at Bunker Hill and in New Jersey. In his own New Hampshire, Stark was a name to conjure with. At his call the farmers, more in num- ber than were asked for, came i i with gun and pow-der horn to his headquarters at Charles tow-n by the Connecticut River. 12. Bennington. — July 30, 1 777, Stark had already sent two detachments of his brigade to Alanchester. Thursday, Au gust 7, he descended the moun tain from Peru to Alanches ter; and, August 9, he reached Bennington with his New Hampshire troops, Colonel A\'arner and a portion of the ^'ermont militia. Here he organized and drilled his men while his scouts scoured the country for information. Au- 13, new-s was brought of Indians plundering in Cam- Ji li # ¦posrii mcriiorinl of Biircovnc's sur ()ci..h- 1 1^ •5.-0 4l 11" ¦^ 3 1^ ^.1 ^ ^1 ^>n ' 1^". R 0 4.' ^ -1 .4^ r ¦s 5 •N¦si ^11 1 31 ¦ 11^ ¦^ i. "C II K2 E ¦2=5 i-S 5 1^ • < t 4 < c II "¦if Plan of township of Benning:ton, granted January 3, 1749. by Governor Benning Wentworrli of New Hampshire Province to Colonel William Williams and others. ( Copied from State papers. ) " It was plotted by a surveyor and chain men, upon oath unto each proprietor or j^r^ntee in equal shares, be their lots better or worse (except the four lots next to the town plot or site, which are 16 acres less measure than the other lots), as they were drawn by the agents for the proprietors, in Portsmouth January 10, 1749, and were entered by the secretary of said Province upon this plap, each man taking his chance whose name stands in the schedQle annexed to the grant of said township." government. But the people of the several towns had common interests and were exposed to common dangers. Within eight months from the promulgation of the King's order fixing the boundary, the settlers of southwestern Ver mont had held a convention at Bennington and had chosen 178 History of Vermont an agent to act for them. The need of united action did not become less and the towns began to appoint committees of safety who should correspond with committees of other towns and with them recommend measures for the public good. These committees became accustomed to meet in convention and their resolves grew to have the effect of laws and to be extended to all matters civil and military. A few of these conventions deserve notice. 2. Convention at Manchester. — Among the proceedings of a convention held in Manchester in April, 1774, was a resolve " forbidding any person to act as an officer under a commission from the New York government." 3. DorseTj July 24, 1776. — A warrant was issued by a committee appointed for the purpose by a previous convention at Dorset, January 16, in which the inhab itants of the New Hampshire Grants on the west side of the Green Mountains were warned and those on the east side were desired to meet by their delegates in con vention at Dorset, July 24. Thirty-tw-o tow-ns w-ere repre sented in this convention by forty-nine delegates. One of the towns represented was Townshend, which is east of the mountains. Two acts of that convention should be remembered : " Resolved, That application be made to the inhabi tants of said grants to form the same into a separate District. " Voted, To choose a committee to treat with the inhabi tants of the New Hampshire Grants on the east side the range of Green Mountains, relative to their associating with this body." This convention adjourned to meet at Dorset the 25th da\ of the next September. The Building of the State 179 4. Dorset^ September 25, 1776. — The adjourned meeting was attended by fifty-eight representatives from thirty-three towns. Eight of the towns were east of the mountains. At this meeting the convention " Voted, To take the following vote, passed July 24, 1776, into consideration (viz.), 'Proceeded to the consid eration of the fifth article of the warrant, and voted that suitable application be made to form that District of Land commonly called and known by the name of the New Hamp shire Grants into a separate District ; ' passed in the affirma tive — not one dissenting vote." The people of Vermont joined very heartily in the effort to make the American colonies independent of Great Britain, but there was an opposing minority called Tories. How this convention regarded Tories may be learned from the following: "Voted, That a sufficient gaol be built on the west side of the range of Green Mountains at some place that shall be hereafter agreed on for securing Tories.'' " Votedj That, as it appears that the town of Arlington are principally Tories, yet the Friends of Liberty are ordered to warn a meeting and choose a Committee of Safety and Conduct as other towns; if they meet with opposition to make application to the Committees of Safety of other tow-ns for assistance." The convention adjourned to meet at Westminster on the 30th of the next October. 5. Westminster, October 30, 1776. — At this time there was excitement throughout the New Hampshire Grants. The British had advanced from Canada. The American flotilla on Lake Champlain had been destroyed. General Carleton, who commanded the British, had estab lished headquarters at Crown Point. The New England militia were gathering for the protection of Fort Ticon- i8o History of Vermont deroga, upon which an attack was anticipated. The militia of the New Hampshire Grants responded promptly to the call of General Gates for assistance, and when they were dismissed, November 9, they received the thanks of the General for their spirit and alertness. One consequence of these movements was that the convention at Westminster w-as but thinly attended. It con sisted of seventeen dele gates from fifteen towns, nine of w-hich w-ere east of the mountains. After a session of three days the convention adjourn ed to meet at AVest- minster. 15, 1777. — The conven- Westminster, chartered by New Hampshire November 11. 1752 (Copied from town char ter records) 6. Westminster, J.anuarv tion met according to adjournment and consisted of twenty- two delegates from sixteen towns, ten of w-hich were east of the mountains. Three other towns reported by letter that their people voted in favor of a new State. Three votes of the convention at this meeting require our atten tion. They follow: " Voted, That the district of land commonly called and known by the name of the New Hampshire Grants, be a new and separate State and for the future to conduct them selves as such." " Voted, That the declaration of New Connecticut be inserted in the News Papers." " Voted, That Captain Heman Allen, Colonel Thomas Chandler and Nathan Clark, Esq., be a committee to The Building of the State prepare the Declaration for the press as soon as may be." This committee performed its duty, and as a result of its labors the following Declaration appeared in the Con necticut Courant of March 17, 1777: VERMONT'S DECLARATION OF IN DEPENDENCE " In convention of the representatives from the several counties and towns of the New Hampshire Grants, holden at Westminster, January 15, 1777, by adjourn ment. " Whereas, The Honorable the Continental Congress did, on the 4th day of July last, declare the United Colonies in America to be free and independent of the crown of Great Britain; which declaration we most cor dially acquiesce in : And whereas by the said declaration the arbitrary acts of the crown are null and void, in America, consequently the jurisdiction by said crown granted to New York government over the people of the New Hampshire Grants is totally dissolved : " We, Therefore, The inhabitants, on said tract of land, are at present without law or government, and may be truly said to be in a state of nature; consequently a right remains to the people of said grants to form a government best suited to secure their property, well-being and happi ness. We, the delegates from the several counties and towns on said tract of land, bounded as follows: South on the North line of Massachusetts Bay; East on Connecticut River; North on Canada line; West as far as the New Hampshire Grants extends: " After several adjournments for the purpose of forming ourselves into a distinct separate State, being assembled at 1 82 History of Ver.mont Westminster, do make and publish the following Declara tion, viz. : That we will, at all times hereafter, consider our selves as a free and independent State, capable of regulat ing our internal police, in all and every respect whatso ever, and that the people on said grants have the sole and exclusive and inherent right of ruling and governing them selves in such manner and form as in their ow-n wisdom they shall think proper, not inconsistent or repugnant to any resolve of the Honorable Continental Congress. Furthermore, We declare by all the ties w-hich are held sacred among men, that w-e will firmly stand by and support one another in this our declaration of a State, and in endeavoring as much as in us lies, to suppress all unlawful routs and disturbances whatever. Also we will endeavor to secure to every individual his life, peace and property against all unlawful invaders of the same. Lastly, We hereby declare, that w-e are at all times ready in conjunction with our brethren in the United States of America, to do our full proportion in maintaining and supporting the just w-ar against the tyrannical inva sions of the ministerial fleets and armies, as w-ell as any other foreign enemies, sent w-ith express purpose to murder our fellow^ brethren, and with fire and sw-ord to ravage our defenseless country. The said State hereafter to be called by the name of New Connecticut.'" (In the original report w-ere the w-ords, " alias Vermont.") The convention adjourned to meet at AMndsor the fourth day of the following June. 7. Windsor.— Fifth Meeting.— The Windsor meet ing was the largest held, consisting of sevent>-tw-o delegates, representing forty-eight towns, of which twenty-one were The Building of the St.ate 183 west of the mountains and the remainder east. Two towns, one from each side of the mountains, by letter reported acquiescence in the formation of a new State. The con vention at this meeting re-affirmed the declaration made in January, changed the name of the new State to Vermont {Verd Mont, meaning Green Mountains), and added a series of reasons for the separation from New York. They recommended to the freeholders and inhabitants of each town in the State to choose delegates to at tend a general con vention in Windsor on the second day of July, "ii then next, to choose delegates to attend the General Congress, a Committee of Safety and to form a consti tution for the State. They also appointed a Day of Fast ing and Prayer and appointed a committee to go to Ticon deroga and consult with regard to the defense of the fron tier. This was the last meeting of the Convention that declared the independence of Vermont. S 71 d.f .£¦ 6 trttlta Windsor, chartered July 6, 1761 (Copied from charter records) 8. Constitutional Convention. — First Meeting. — A convention of delegates from the towns met at Windsor, July 2, 1777, to form a constitution for the new State. The constitution of Pennsylvania, then recently amended, was presented to the convention as a model and was adopted with a few changes, some of which were important. 1 84 History of Vermont Provision was made for an election of State officers and a legislature in the December following, and for the legisla ture to meet a month later. A committee of safety was chosen to conduct affairs until the new government should be organized. 9. Constitutional Convention. — Second Meet ing. — The summer and autumn of 1777 were even more troubled than were those of 1776. While the conven tion was sitting the evacuation of Ticonderoga and the battle of Hubbardton occurred. Bennington and Saratoga followed. The people of Vermont bore their full share, both of toil and of suffering, in these events. And in consequence the new- constitution w^as not published and distributed in season for an election in December. Accordingly the conven- t i o n w^ a s called t o- gether again, at Windsor, December 24, by the Coun cil of Safety, and the con stitution \\-,as amended by providing for an election on the 3d day of March and for the first meeting of the legisla ture, Tuesday, March 12, 1778, at Windsor. 10. The New Government Organized. The election was held and the legislature met according to ap- Old Constitution House, Windsor, 1777 State government organized here, Marcli 1778 The Building of the State 185 pointment. The new State was organized with Thomas Chittenden as Governor, and with an able legislature and council. The State was not formed in a time of peace nor Colonists grinding corn (From an old plate) with the acquiescence of all men. There had been enemies without and foes within, and so it continued for several years more. Truly the ship was built in a tempestuous season and was launched on a stormy sea. ' Nature's Mirror " — Water Shadows in Otter Creelj 1 86 History of Vermont 'r n s ^ GNSTITUTIO?^ o » r H t S T A T E ^ r E R M O iST ?1 CENERAL CO^^VENTlOjri ,«35S- VLI.'TIO fOK THAT roH^OSB. /AD »£L» AT -V */ .V jD ^ <7 iJ. ) J 'J L V xi, i-jif, D B Cb4* BB R ts, 1777. ' // // "/? 7* F rmonters, and it w-as not likely to be faxairable to New '^'ork. 10. \'ermont Coxti. XT.— Vermont now had large areas of uniicciipied and fertile land, and a w-ell-organized govern ment whose authority was unquestioned by her people. Independent Sovereignty 191 MDt'LTnN'.. T?.\TTEKN IMECE. (REVEP.-li.) Vermont cent of 1776 She became to southern New England what the West after wards became to all New England. She made rapid strides in population and in wealth. She was founding new towns and building highways and schools and churches. She provided for the coin ing of money p (coppers) and for a pos tal system with a Postmaster- General. In 1790 she had five postoffices : at Rutland, Bennington,Brattleboro, Windsor and Newbury. At the same time the United States had seventy - five p OS t o ffices. The two SyS- Vermont cent of ms tems made connection at Albany, N. Y. Since the acknow ledgment of her jurisdiction by all the inhabitants of her territory in 1782, Vermont had been content with her position. II. New York Anxious. — But partly because of strife among the States with respect to the location of the national capital, partly because Kentucky was likely to be admitted as a State at an early day, and partly because in the view of most men there was no 192 History of Ver.mont hope that Vermont could ever be re-united to New York, a strong party in New ^'ork had become anxious for the acknowledgment of the independence of Vermont, and bills providing for such acknowledgment passed the New York assembly in 1787 and in February, 1 789. Both were defeated in the senate, but at another session in July, 1789, a law was enacted providing for a commission w-ith authority to negotiate with Vermont and " declare the consent of the legislature " to the erection of Vermont into a State. 12. Ver.mont Responds. — To this overture Ver mont responded in October of the same year by the appoint ment of commissioners empow-ered to treat with any com missioners appointed or to be appointed by the State of New York, provided that they should not diminish the limits of the State of Vermont as then existing, nor oblige any persons holding lands under grants from New- Hamp shire or Vermont to give up their claims, nor " subject the State of Vermont to make any compensation to different persons claiming possession, under grants made by the late Province and now State of New York, of lands situate and being in the State of \''ermont and w-ithin the jurisdiction of the same." 13. Vermont Seeks a Guaranty. — AVhen the commissioners met it was found that the commissioners of New ^'ork had no authority to bind their State to answer to the claimants of lands under the New- York grants, and the negotiation was broken oft' until the New- York legislature granted authority to tlieir commissioners not only to relinquish thc juiisiliction of New- York over the territory of \'enii()iit, but also to provide for securing the titles to lands therein against persons claiming the same lands under grants from the State of New- York. For this gu.iranty by the State of New York that no claim Independent Sovereignty 193 should be brought against the holders of Vermont lands in consequence of grants of lands in Vermont by New York, it was agreed, that Vermont should pay to New York the sum of thirty thousand dollars. 14. Final Action of Vermont. — An act providing for the payment of thirty thousand dollars to New York was passed by the legislature of Vermont in October, 1790. Copy of an old map. Vermont in 1790 was not recognized on the map and Maine was called Mass. In 1791 Vermont was admitted into Union The constitution of the United States was adopted for Vermont January 10, 1791, by a convention called at Ben nington for that purpose. 15. Action of the United States. — February 18, 1 79 1, George Washington, President of the United States, approved an act which declared that " on the fourth day of March, 1791, the said State by the name and style of Vermont shall be received into this Union as a new and entire member of the United States of America;" and one w-eek later the President approved an act which declared 194 History of Vermont " that until the Representatives in Congress shall be ap portioned according to an actual enumeration of the inhabitants of the United States, Vermont shall be entitled to choose two representatives." By another act of Con gress the laws of the United States so far as locally appli cable were extended to Vermont and the State was constituted a judicial district with a district judge to be resident therein and a customs district with a port of entry at Alburg. 1 6. The Population of Vermont. — Vermont re tained her two representatives under the apportionment made in accordance with the census completed in 179 1. The number of inhabitants at that time w-as 85,539, found in one hundred eighty-five towns. More than 77,000 of these were south of the Winooski and Wells rivers. The most populous town north of those rivers w-as Danville, population 574. The five most populous tow-ns in the State were Guilford, 2,432; Bennington, 2,377; Shafts bury, 1,999; Putney, 1,848; Pownal, 1,746. Tw-enty-three towns each had more than one thousand inhabitants and each of one hundred towns had more than three hundred inhabitants. Of twenty-one towns south of a line drawn west from the mouth of White River each had a larger population in 1 79 1 than in 1900. 17. The Legislature. — During the thirteen years of the separate independence of Vermont, hei legislature met twenty-eight times, and in one year, 1781, there w-ere four sessions. From 1788, one session a year w-as the rule until 1870; since that time one session in tw-o years has been the rule. Previous to 1 79 1 the legislature had met in eight Vermont tow-ns and in Charlestown, N. H., and previous to 1808 it had met in fourteen A'ermont towns. Fourteen sessions were held in A\'indsor, eight in Benning ton, seven in Rutland. Montpelier, which became the per- Independent Sovereignty 195 H. a Courl PtiOLH. c Court tJiuisu, (1 Methudisi Cliapol. e (¦ l.lm Street S Univer^alist Ch:ipci, ]) Fir'sl (^'orjif, cliurcli. n 11 fiialc Slruut; 0 0 Mniin! Street. ^ Wtmou St. w Pavillicin. 1 SiE^te House. ti Aciid'jniy. . 7 ScicoikI (.'iin,g-. ciiurcli. 9 Uqiiin liouso. The ground plan of Montpelier village, 1840; population, 1720; township granted October 21, 1870. (Copied from an old plate.) manent capital of the State in 1808, by act of Legislature of 1805, was the sixteenth town and the fifteenth Vermont town in which the legislature met. 18. Counties. — By the legislature at its first session in 1778, the State was divided into two coun ties, Bennington west and Cumberland east of the Green Moun tains. Before 179 1, seven counties had been established, and the next year the number was increased to eleven. 19. Roads. — The construction of roads was a slow process, and although the selectmen of the towns were by law directed to require four days' labor annually on the roads from every able-bodied man between sixteen and sixty years of age, ministers only excepted, roads were no where good, and often they were mere bridle-paths along which the traveler was guided by marked trees. The first wagon in Montpelier was brought there from Vergennes in the summer of 1789. Tnere was only a bridle path from Williston and trees had to be cut down and logs removed in many places. Above Waterbury the path led over a high rock that filled all the space between the river and the mountain. The wagon was drawn to the top of the rock and was let down by attaching it to the tops of some small trees and swinging it by bending those trees History of Vermont w-ithin reach of the tops of others, to w-hich it w-as fastened, then by bending those the wagon was let down upon the ground below-. 20. Churches. — Churches were established early in the larger settlements. Before the end of 1791 there were forty-six organized Congregational churches, thirty- five Baptist, eight Episcopalian and a few- Quaker churches. Three associations of Congregational ministers and three Baptist associations had been formed ; and the Episcopalians had organized the Diocese of \'ermont. Wagons and carriages of ye olden time The tithing-man in church 21. Church a.xd State. — At that time towns were allowed to lay and collect taxes for building houses of \\-orship and for the support of preaching. So questions concerning locating, building and repairing meeting-houses and hiring ministers were de termined in town meetiiiL;, and to hire and pay the minister was often the duty of the .selectmen. 1 ithing-men to keep order in and about places of public worship were chosen witli otiier officers at the March meetings, and soiiietimes choristers were chosen in town meeting. 11. I'JJi'cxriox. — Schools were established almost soon as settlements were made in \'erniont. Th as e consti- Independent Sovereignty 197 tution of 1777 declared that one or more schools ought to be maintained in every town and that there ought to a^' •¦*:Vs^ I&ijJ^h '^'¦ry A aCHOOL-SCENE IN 1740. THE MASTER AND HIS ASSISTANT WEAR HATS. "Righte learned is ye Pedagogue, Fulle apt to reade and spelle. And eke to teache ye parts of speeche. And strap ye urchins welle." — Saxe. ^ A. ^^^ be a grammar school for every county and a university for the State. After the adoption of the constitution and pre vious to any legislation on the subject of schools, the towns went on doing as they had done before, as- ' ,''•;"•" [ sessing and collecting taxes for the support of schools and divid ing their territory into school districts as they thought convenient, or neglecting to do so. By the terms of the New Hampshire grants, lands had been set apart in the sev eral towns for the use of schools. In the Vermont grants the schools were not forgotten. In most of them lands were reserved for the J Schoolmaster of 1776 — Next! Daye after daye, for little paye. He teacheth what he can. And bears ye yoke, to please ye folke. And ye Committee-man." — Saxe. 198 History of Vermont tov\n schools, for county grammar schools, and for a uni versity. Previous to 1791 towns had been authorized by the legislature to raise money for the support of schools, and a tract of twenty-three thousand acres of land had been granted to Dartmouth College and named Wheelock in honor of the president of the college. Before the University of Vermont was and located at Burlington, schools of the academic been incorporated secondary or grade had established in Ben- '^ 3W' nington, Norwich and Castleton ; and in Danby, Jacob Eddy, the Quaker, was keeping an annual fall term of school for teachers. A newspaper, the Vermont Gazette, w-as published in Ben nington, and another, the \'ermont Journal, w-as issued from AVind- sor. Poultney had already a town library, and others were begun soon after. The mental force of the A'ermonters of that period is sufficiently evident from their success in the establishment and maintenance of an independent and prosperous State against powerful opposition. Exi'ERiMiiXTS. — There w-ere other signs of intel- activity. About 1 701, Captain Samuel Morey of constructed a steamboat, which he exhibited first Connecticut Ri\'er and then transferred to a lake Td « >. J. .k ?. A ' j Jt JI I / j [ ^ L t ft ] 1 9 tl I 1 1 a 1 ;,i a i > ) • 1 1 1 1 1 : -f fl e g Hi I 0 II 1 -1 a i i ¦ If 1 > s • > > ¦ ' <^ I 6^; 8 ¦ i! ,..'":1 s t*>ji|«litn -: The original building of the Uni versity of \'ermont at Burlington; built in 1 801 ; was 160 feet long, 75 feet wide, cost $35,000; con tained chapel, 6 large rooms, +6 students' rooms ; occupied by .\m- erican army in 1814 23- lectual Fairlet on the Independent Sovereignty 199 near by, later called Morey Lake. He afterwards showed his invention to friends of Robert Fulton in New York. Mr. Dana, in his history of Woodstock, tells of one who " was a great apple-tree man, and, in carrying out his propensity in this direction, he experimented some years to make apple-trees grow wrong side up, so as to produce fruit without seeds and cores. Once he set two scions he was certain were of the kind he was endeavoring to produce. These scions did not bear fruit for years. Finally they blossomed, and a few apples matured, long and slim, with two cores instead of one, after which further experiment in this direction was given up." Recent experiments, how ever, in producing new forms of plant life, vindicate the intelligence of the " apple-tree man." 24. Hardships. — The settlers in the booming new country faced hardships enough. Bartholomew Durkee came from Pomfret, Connecticut, to Pomfret, Vermont, with his wife and five children. After spending a night at the house nearest their own, the family traveled six miles on snow-shoes, drawing their household goods on a hand-sled and found their house the sixth day of March doorless, windowless, roofless. During that same month James Mead, with a wife, ten children and a son-in-law, jour neyed, some on foot, some on horseback, some in a sleigh, from Manchester to Rutland. Their house was built beside a stream which had overflowed and so filled thc house with water and ice that it was uninhabitable. A party of Indians nearby gave up their wigwam to the white people, building a new one for themselves. A widow Story lived on the bank of the Otter Creek and near what is now the village of Middlebury. She made an opening in the forest for a little farm and, to save herself and numerous children from molestation on the part of Indians 200 History of Vermont and lawless woodr angers, she was ac customed to occupy an excavation c o nstructed by herself and approached by a tunnel from the river bank. 25. Plenty and S c a r- c it Y. — The land w-as \'ery productive so that there w-as generally an Monument on site of Ann Story's home at Salisbury, abundance of erected July 27, 1905 food after the first clearings had been made. The chief food products were corn, rye, wheat, potatoes, peas, beans, garden vegetables and pork ; and in their season fish and game w-ere plenty. In a few bad years there w-as general scarcity. Mr. Tucker, the historian of Hartford, says: "Tradition informs us that in 1780 the settlers suffered greatly for food." Ten years later the scarcity in ^Middlebury w-as such that " many subsisted on the roots of leeks gathered in the w-oods, and some stripped the bark from oak trees, the inner bark of which they boiled and converted into food." Mills were scarce. The early settlers of Hubbardton went twelve miles through the woods on a bad road to mill with their grain : those of A\'aterbury w-ent tw-enty-five miles. Independent Sovereignty 20 1 26. Dress. — The people dressed plainly, and in some respects we should think not comfortably. They wore little but the products of their farms and of their household labor. The girls spun and the mothers wove from wool of their own flannels for their winter wear, and from their own flax neat linen checks for their summer gowns and aprons. The men wore tow cloth for summer and home-made woolens for winter. Children went barefoot in summer and often in winter. Many women went barefoot at home, and men protected their feet with undressed leather for lack of boots and shoes. The spinning wheel 27. The Duke of Kent. — While Congress was enacting the law^s by which the admission of Vermont to the Union was completed. Prince Edward, the fourth son of George III, afterward Duke of Kent and the father of Queen Victoria, passed through the new State on his way from Canada to Boston. He was a young man of twenty-four years who had for some time been in command of a regiment in Quebec. He reached Lake Champlain on the west side and crossed on the ice to Burlington with a large party where he remained several days. There the party divided, some going toward New York and some returning to Canada. The prince went toward Boston by way of the Winooski valley to Mont pelier, where he spent a night, and thence he crossed the divide to the White River. So British royalty traversed essentially the same route so often used by Indians and 202 History of Vermont raiders many years before, and used now for travel and the transportation of freight. 28. Matthew Lyon. — Toward the close of the eighteenth century the alien and sedition laws passed by Congress met with pronounced disfavor in the South ern states; and, although Ver- ..— ^,^ mont had been independent and somewhat defiant, still she not only acquiesced in the enactments, but rather championed the right of Congress to pass such law-s. Soon, however, an applica tion of them w-ithin the bounds of the State created considerable w-armth of feel- Early settler combine wool • „ r AT ....u T ¦' & >• ' ing, tor -Matthew- Lyon, a mem ber of Congress from Vermont, had been adjudged guilty of their violation through a rather free arraignment of the administration of President Adams and w-as imprisoned at Vergennes four months and caused to pay a fine of Siooo. While in jail he was re-elected to Congress and his fine was paid by contribution on the part of citizens and friends. Lyon was of Irish birth, he came to America at thirteen years of age, his passage indenture w-as bought by one of the pioneers of Danville, a pair of steers w-as given in pay ment and Lyon w-as accustomed to swear " by the bulls that redeemed me." For his second wife he married a daughter of Governor Chittenden ; and after his second term in Congress he removed to Kentucky, represented that State in Congress, and died in Arkansas shortly after being elected congressional delegate from that territory. Early Development 203 CHAPTER VI Early Development EGINNINGS MADE.— The twenty years following the admission of Vermont 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 inhabitants. Pine logs cut on the Connecticut River at North Thetford, looking south " Still does the river roll between Flowery banks and meadows green." — Dorr 204 History of Ver.mont bank of the Connecticut were rolled into the stream and floated to market in Massachusetts and Connecticut and the export of lumber from the Champlain valley to Quebec and ¦^~^ Cong^fs ofthe United States : . - Bcgua.yimi Jitld at the City of I'ii^Jadclphu, on i :' Mond.iy "tliC fixth of f)cC'--mi)cr, --inc 'thou- land fci'cn hundred ajKl,riinLr\ . An ACT/or lhe At'Mi*£ioH>/ lhe b^ATt ^Vekhokt laii X H r. Siaip of Vtrawpf baviog p^ititioned the Con^rci* t ., \,- l,:- _ ' miULiLa jacmber of ihe Ucncd Suic?, Be it tiu^^d bj ih: Sen.^t^ (ilK^HoUSE ef Ki i«Mfti-*TlVf.i cf III: UiUtJ SlJta tj AnsniiJ: ,r. C.i^ii-fi jJi'-.U d, aiidtl 11 hcTfbj f>.3cltd tinj d.::2!-J, That oo ibc fouith.4ay of Match, tine Lhonrind fcven bundrcd ar.J niuetj-oDi.-, ir.s MUHLLNKEBG, JOHN ADAMS. V:cc-Pr<:f:J.-rl f'bi V'.Uid StO.'ii. jrJ Pr. {Jem ^ I Ik ScijI.: Appbovid, February rhe M^(,iM,-|., 1701. GEORGE WASHING H '\', Pr..'L' ¦¦: .' tbt Ua-kd Sw . Ih -iTcii among ibr K ll in ihe Oiri-JoflheSiOBt 1 >.;,¦» ''/ , • Act of Admission of \'ermont, 1791 ; at Secretary of State's office, Montpelier Montreal had alrcad.\ bc.min. Hie trees cut in clearing the land for cultivation were most easiU' removed bv burn- Early Development 205 ing, and from the ashes pot and pearl ashes were manu factured for export in nearly every town. The people then thought the supply of timber was sufiicient to keep up the manufacture for centuries. The incoming population fur nished a ready market for the surplus products of the farms, until by means of improved roads markets were found in Boston and New York, or in Canada by the way of Lake Champlain and the Richelieu River. 2. Progress. — Mills were multiplying. The full ing-mill and the carding machine lightened the labors of the housewife, and the tannery furnished leather for boots, shoes and harness. The manufacture of pottery 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 "be low " for one thousand nails, for — which he paid five dollars. Wooden pins were sometimes Colonisfs hand-made spade used for nails. Boards some times had their ends placed in furrows in sill and plate, or were fastened by other devices. Before 1 8 10 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, circular saws (14) 2o6 History of Vermont w ere in use, and the method of welding steel was discovered in the same village. Apple orchards had been planted early and were bear- iiifi 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. Large quantities of maple sugar were produced. Dr. First meeting house erected in \'ermont; at Bennington, 1763 AVilliams in his history of N'^ermont expresses the belief that sugar enough to supply the people of the State was then made from the maple. 3. Churches. — Progress was not confined to material things. Before 1811 the Congregationalists had formed a State association called the (ieneral Convention, and their ort,Mni/,ed churches had increased to more than one hiuulreil. 'J'he Baptists had established new churches .•uid had formed three new associations, doubling the num- Early Develop.ment 207 ber that existed in 179 1. There were Presbyterians, immi grants from Scotland, in Barnet and Ryegate prior to the Revolutionary war, who maintained such worship as they could without a settled minister until 1 791, when they obtained a pastor. After that the church made steady progress. A Methodist meeting-house was built in Danby in 1795) through the influence of a resident local preacher, and in the years next following Methodist churches were established in many places and Methodist itinerants reached all the settled portions of the State. During this period several Universalist and Episcopalian churches were formed and the Northern Association of Universalists was orgto- ized. Also a few Free Baptist and a few Christian churches were founded. It was a period of theological discussion and of religious awakening. 4. Education. — Middlebury College was incorpo rated 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, and Dart mouth College, on the eastern bor der of the State, at the close of our period had graduated a thousand men. Twenty-two grammar schools and academies had been incorpo rated, and the common schools had Punishment of a pupil in become more numerous and were better supported. Three local medi cal societies had been incorporated. Fifteen newspapers were published in the State. 208 History of Vermont Xe\vbur\' Seminar\- Sl. \lhans lliol, School Early Development 209 5. Population. — In 1800 the population of the State was 154,465 in two hundred and twenty-six towns. Each of sixty-three towns had a population of more than one thousand, and six of these had more than two thousand each. Ten towns had a smaller population in 1800 than in 1791. number of people in the State hundred and thirty-two towns. towns had sand inhabi- these had sand each. 87 In 1 8 10 the whole was 217,895, in two Each of ninety-six more than one thou- tants, and thirteen of more than two thou- Thirteen towns had a smaller population in 1 8 10 than in 1800. Four had fewer in habitants in 1 8 10 than The ride home after spelling school m 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. 6. 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 winter. The teacher of the common school boarded around among the families of the district and often received his slen der salary in grain of various kinds at the end of the term. 7. Kindness to Strangers. — We have noticed more than once that the people of Vermont were of 2IO History of Vermo.nt New England origin. A few persons only came from beyond the sea either to remain in the State or to pass through it. Captain Trotter, who came to N'ermont and settled in Bradford, was born in England and appren- ticeil 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 public spirit. One day there came to Bradford an Irish boy, poorh clad, selling pins and needles and inquiring for his father. Captain Trotter took the bo\' 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 seek ing his boy and was greatly re joiced to find him and the friend he had found. \Vith grateful hearts and lighter steps the father and son uent on their way to Canada. 8. Lotteries. — We have noted the difficulty of constructing goods 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- po.ses: .-is two to build bre\\ cries, one to assist a saddler whose buildin-s had been burned, and one to build a school house. Leave was asked to institute lotteries for quite a variety of purposes: to build a house of worship, to help an impecunious author to publish a work on surger\ , to assist a blind man. Before the close of this period the granting of lotteries had ceaseii. INDIAN'S TRAP. Trap for small animals Early Development g. Turnpikes. — As aid in road-making had been sought in lotteries, so later it was sought from corpora tions called turnpike companies. The first was incor porated in 1796, with authority to build a road from Ben nington to Wilmington, and to place gates upon it and to collect toll of travelers. A craze for turnpike build- Old toll bridge between Newbury, Vt., and Haverhill, N. H. " There, all day long, in the summer-time, You may hear the river's dreary rhyme." — Saxe ing followed and fifty turnpike companies were incorporated within a few years. The roads built by them were very useful; but public roads were multiplied, and for this and other reasons the turnpikes ceased to be profitable, the companies surrendered their charters and the roads became public highways. The only turnpike that now exists in the State is between Manchester and Peru and has one gate. 212 History of Vermont io. Mails. — The carrying of the mails was trans ferred 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 Wood stock, Randolph and Montpelier. The whole number of letters received at the postoflSce in Woodstock 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 ?l^S2^^3Ii3^~*: I York, twenty-eight; from Windsor, nine. Two 3ears later the popula tion of the Vermont towns named was, of ^Vindsor, 2,21 1 ; of Oldbrasskettles; often used as hiding- Woodstock. 2,132; of places by settlers -" Randolph, 1,841; of Montpelier, 890; of Burlington, 815. Woodstock had been ten years a shire town and was bristling with politicians and professional men. II. The Legislature.— In 1792. 1796, 1800, the legislature chose four, in 1804 and 1808 six, and in 1812 eight presidential electors. In January 1804 an adjourned session of the legislature was held at Windsor to act on the twvUth 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 Early Development 213 on certain conditions Montpelier should become " the per manent seat of the legislature." The conditions were com plied 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 West minster. The State did not succeed in banking, and in 181 1 the process of closing the business had already begun. 12. State Prison. — Punishments. — In 1807 the legislature provided for the erec- , tion of a State prison, which was T ^^ T3 \ 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 num ber of hours in the pillory for getting in hay on Sunday. In the stocks 214 History of Vermont u- While he stood there his wife sat b\- with knitting-work in hand. In .Manchester a convict \\as brought to the sign post near a large hotel. He was placed on a horseblock and his head was bound fast to the signpost. The officer cut off the lower portion of the culprit's ears and trod the pieces under his feet. Then taking a brand ing iron which an as sistant had been heat ing over a kettle of coals he applied it to the convict's forehead. To imitate the opera tion \vas a favorite play with the boys the following winter. High on a hill near the center of Newfane may be seen the foun dations of a few build ings 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 iust academy and church stood the whipping I cross Punishment in \eimont in 1775 for crimes: tied in chair and hung up for tvYO hours; tied to tree and "beech seal," so-called, applied, con sisting of 200 lashes. (From an old engraving.) bel the 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 there, stripped naked dow-n to the waist, her arms were tied to the arms of the cross and thirt\-nine lashes Early Development 215 were applied to her back, partly by the sheriff and partly by an assistant. Her back became raw from the inflic tion, and she writhed and screamed in her agony. Mean while multitudes were looking on from the windows of the church and academy. r— ¦ ,391--—-^-"--^ The State prison did not i /i'^ri '^-^•Jfct" ' < j come too soon; and it is well that such scenes were viewed through the windows of the meeting house and school house, else they might have continu ed to this day. The ducking stool used in early times (From an old engraving) 13. No Sla very. — After the adoption of the Ver mont Constitution in July 1777, and before the distribu tion of it, near the beginning of the next year. Captain Ebenezer Allen of Tinmouth was sent on a raid with forty men in the neighborhood of Ticonderoga. He took several prisoners, among whom was Dinah Mattis, a negro slave. To her Allen gave a certificate of eman cipation, 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 Con stitution of Vermont contained in its first article the dis tinct prohibition of slavery, which article is now found there, and is the first constitutional prohibition of slavery on this continent. This is a Vermont addition to the Penn sylvania model. Under it a slave could not thereafter be 2l6 History of Vermont legally held in Vermont. As slavery was rejected for high reasons before the promulgation of the constitution, so it was afterward. Theophilus Harring ton of Clarendon, who was an associate judge of the Supreme Court for ten years, beginning with 1803, \ery well expressed the verdict of the people in a case that came before him of one person claiming another as his prop erty. The claimant presented evidence that he owned the other person. The judge asked if he had any other e\'idence. " What other evidence do you want?" in- State monument to Judge Theophilus Har- quired the counsel for rington(x762-i8i3), Clarendon the claimant. "A bill of sale from Almighti,- God," responded the judge. The slave was released. I-vndon Institute, Lyndon Center Social Conditions 217 CHAPTER VII War. Business. Social Conditions. UR WORK SO FAR.— I. 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 settle ment of the State may be regarded as substantially complete; for, though a few towns were still not inhab ited, they were within easy reach of the conveniences of civilized life. No marked transition occurs in the sub sequent history, but there is con stant progress. The agency most effective of change since the date we have reached is the railroad. So we will include in the present chapter the chief events to 1852, before which time several important railroads had been opened for traffic. 2. Political Parties. — Vermont entered the Union at the beginning of the second Congress. The organiza- J^-^'Jr Early transportation — first railway 21 8 History of Vermont tion of the government and the provisions for its support led to questions relating to the interpretation of the federal constitution and the extent of the powers 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 government. Ihey naturally inclined to a liberal interpretation of the clauses granting powers to the federal government. Others, who feared lest the federal government should become an instrument of op pression, 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 Congress were named Democratic Republicans, or Republicans. 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 partv 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 \"ermont. In 1848 the Free Soil party \\as organized, and the Liberal party was merged in it. In 1854, the opponents of slavery assumed the name Repub licans. Since that date the -reat political parties of the countr>- have been the Democratic and the Republican parties. 3. Ei,i.:cTORAL Votes.— At the presidential elec- tinn, according to the original federal constitution, each elector voted for two candidates for president. In 1792 Vermont cast her first presidential \otes for George Social Conditions 219 Washington and John Adams, both Federalists. Again, in 1796, the votes of Vermont were cast for the Feder alist candidates. In 1800, the Vermont electors voted for Adams, Federalist, and for Pinckney, Republican. Pre vious to the election of 1804, the constitution 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 of Vermont were cast for the Republican candidates, in 1824 and 1828 for the Federalist candidates, in 1832 for an Anti-masonic candi date, 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 presi dent and vice-president. In 1812, 1816 and 1820 Vermont had eight presidential electors, the largest num ber she ever had. 4. The County. — Lamoille, the fourteenth and last county, was formed in 1835. Until 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. 5. The Senate Introduced. — Originally the legis lative 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 lieutenant- governor and council," consisting of twelve councilors 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 sen ators, apportioned to the counties according to their popu lation and to be elected annually by the freemen of the 220 History of Vermont counties. 'J'his change was effected by the adoption of articles two to thirteen of the Amendments to the Con stitution. I). Population. — The population of the State in 1820 was 235,906; in 1830, 280,652; in 1840, 291,948; in 1850, 314,120. 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. By the apportionments made in consequence of the cen suses of 1820 and 1830, \'ermont had five representatives in Congress; and by the apportionment next following the census of 1840, she had four representatives. From 1812 to 1818, inclusive, and in 1822, representatives to Congress were elected on a general ticket as presidential electors now are. Presidential electors were chosen by the legislature until 1828, when the method of election by the freemen on a general ticket was introduced. the w.ar of 1 8 12 7. Causes. — .At the close of the eighteenth century-, England and France were at w-ar. There was peace for a few months in 1 802, then the war was renewed. Both parties adopted measures offensive to neutrals one of which, on the part of England, was the searching of American vessels for British subjects. These w-ere re claimed when found and compelled tu ser\e in the British navy. American citizens were sometimes taken on the pre tense that they were British subjects. The commerce of the United States suffered froin both parties. Cono-ress attempted retaliation in 1 807 by forbidding American ves sels to sail from American ports to any foreitjn countrv- Social Conditions 221 Two years later the law was modified so as only to for bid trade with Great Britain. These measures interrupted business and brought financial ruin to many people. They were the occasion of special hardship to the inhabitants of the Champlain valley, who had a large trade with Canada. As trade with Canada was prohibited, smuggling became profitable and many on both sides of the line engaged in it. There were frequent conflicts in northern Vermont between the smugglers and the custom house officers and several lives were lost. These conflicts tended to exas perate 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 govern ment was sent through Vermont, New Hampshire and Massachusetts for the purpose of intriguing with the lead ers of the Federalists and organizing a movement for dis union. He had been wholly unsuccessful, but the dis closure 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 i. Governor Galusha issued a general order calling for three thousand men as the quota of Vermont. 8. 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 assembled in town meeting and adopted measures for arming the militia and for the erection of a fort. Later, through the concerted action of more than twenty towns, guards were established (15) 222 History of Vermont in Troy, Derby and Canaan. But the fears of the inhab itants of the border 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 the 19th of June. In September the Vermont troops, called for on May I, were reported to be at Plattsburg, N. Y. 9. 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 w-as organized in three divisions,- — the western, the central, and the north ern. The western division commanded by General Hull, Governor of Michigan, was surrendered at Detroit. The army of the center was commanded by General Van Rensselaer, who, in the latter part of October, sent a force across the Niagara from Lewiston to Queenstown, where, after hard fighting and heavy loss, it was captured by the enemy. The northern division under General Dearborn was collected at. Plattsburg, and in due time went into win ter quarters at Plattsburg and at Burlington. 10. PoLiTic.VL. — The war was a measure of the Republican party, w-hich w-as then dominant in Vermont. When the legislature met in October, laws w-ere passed forbidding intercourse with Canada, exempting the persons and propert\- of the militia in actual service from attach ment, and laNiiiL:; 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 wiir, gained in strength so that in 1813 Social Conditions 223 and 1 8 14 a Federalist governor, Martin Chittenden, a son of Thomas Chittenden, was chosen by the legislature as there had been no election by the people. The obnoxious laws of 1 812 were repealed. The official representatives of 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. II. On Lake Champlain. — In September, 1812, Lieutenant Thomas Macdonough was placed in command of the naval forces on Lake Champlain, consisting 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, 1 8 13, 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 British 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, on their return attacked Burlington, but retired as soon as the batteries on shore began to respond to them. General 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, who were with General Wilkinson at Sacketts 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. 224 History of Vermont 12. Colonel Clark. — Just before General Wilkinson left Sacketts Harbor, Colonel Isaac Clark of Castleton, with one hundred two Vermont riflemen, sent out by General 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. 13. Derby. — In December, 18 13, a British raiding party destroyed barracks and stores at Derby, Vt. 14. On the Niagara Frontier. — The plan of cam paign for 18 14 involved the invasion of Canada by three routes as before. A portion of the \^ermont troops were in the army of the center, commanded by General Brown. They belonged to the Eleventh United States Infantry, which was a part of the brigade of General Winfield Scott. This regiment bore an honorable part in all the battles of the severely contested campaign from the beginning of July to the middle of September. 15. At the ;\Iouth of Otter Creek. — In the spring of 1 8 14, Lieutenant Macdonough w-as engaged in the con struction of vessels at Vergennes, and about the middle of May a British force was sent to capture or destroy them. A battery recently constructed at the mouth of Otter Creek was placed under the command of Lieutenant Stephen Cassin and the militia of the neighborhood was called out. The British arrived May 14 and attacked the battery, which made a spirited reply, and Lieutenant Macdonough moved down the river \vith such vessels as were fitted for action and joined in the battle. An attempt of the British to land and gain the rear of the battery w.as prevented by the militia, and the enemy withdrew- with loss and sailed down the lake. Social Conditions 225 16. The American Fleet Ready. — A few weeks later Lieutenant Macdonough sailed out of the Otter Creek with his fleet and crossed to Plattsburg. He afterwards ,q. sailed down the lake to the Can ada line, but nothing of import ance happened until September. 17. The Land Forces Gather. — The British in Canada had received large reinforcements of veteran troops released from European service by the first . . ^ ^ ^ A minute man downfall of Napoleon, and Gov ernor Prevost planned an expedition through the Cham- plain-Hudson Valley to New York. He commanded in person and advanced with a force of fourteen thousand men. The American headquarters were at Plattsburg, where, on the first of September, was a force of barely two thousand effective men, commanded by General Alexander Macomb. General Macomb appealed to the governors and people of New York and 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 patriotism of all classes and ~ii 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 Plattsburg 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 Bur- 226 History of Vermont lington he wanted a gun to take to Plattsburg, and wept when told that he must stay and take care of the team. The Rev. Benjamin Wooster of Fairfield, a pronounced Federalist, was holding a service preparatory to the cele bration of the Lord's Supper, Thursday afternoon, Sep tember 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 Revolutionary War and his townsmen made him their captain. 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 follow-ed, they marched again tow-ard 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 w-or- ship, under the guidance of their present leader, the God of battles who is also the God of peace. 1 8. Pl.attsburg S.wed. — The village of Plattsburg, N. Y., is built on the Saranac River and Lake Champlain. The river runs in an easterly course for several miles until, about one mile from w-here it enters the lake, it takes a northeasterly course. The principal American fort was near the bend of the ri\-er and south of it. The south bank of the river is steep and high, and along this bank the Americans were posted. General Prevost arrived September 6. He had suffered much from skirmishers who fired from sheltering wall or w-ood, then ran to the next C()\er and waited the approach of the in\-aders. They crossed the Saranac and tore up the bridges under a heavy fire. He spent the time until September ii in brin>T-„, up his battering trains and supplies. Aleanw-hile th ing iC Social Conditions 227 volunteers of New York and Vermont were coming in. The Vermonters- chose Samuel Strong, one of their num ber, for their commander. They numbered twenty-five hundred the morning of the nth, and many more were on tl'.eir way. The New York militia was less numerous. At eight o'clock the British fleet entered Cumberland Bay in front of Plattsburg. It consisted of sixteen vessels of all kinds, carrying ninety-five guns and one thousand fifty men, commanded by Captain Downie. The Amer ican fleet consisted of fourteen vessels, carrying eighty-six guns and eight hundred fifty men, commanded by Lieutenant Macdonough. The battle began at nine o'clock. Be fore noon the British fleet had surrendered. Their gun boats escaped because the Americans had no means of pursuit. While the naval battle was going on. General 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 Ver mont 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 re treated the following night. This was the last important battle in the northern department, and the victory gained was celebrated w-ith delight throughout the United States. History furnishes few examples of greater severity than the Battle of Lake Champlain, the American and English loss in killed and wounded being about one-fourth and one third respectively. Hardly a mast was left standing in either fleet. Moreover, Macdonough is thus distinguished among American commanders as having defeated a larger fleet than his own. 228 History of Vermont 19. The War Ended. — Four months later the country was rejoicing in the conclusion of peace with Great Britain and in the victory gained by General Andrew Jackson at New Orleans. The causes on account of which the war was declared were not mentioned in the 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 a part. 20. As to Commerce. — Lawful commerce with Can ada ceased when the embargo act of April 18 12 took effect. With the suspension of hostilities trade revived. Lake Champlain, lately the seat of war, w-as 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 w-hich Montpelier became the capital of the State, and w-as com pleted in 1809, two hundred years from the first explora tion of the lake by Champlain. This was the second suc cessful steamer built, and for se^-eral years it was the only one on the lake. Its speed w-as about five miles an hour. The passenger sloops would race w-ith it, and under favor able conditions would win the race. 21. Steambo.ats. — The steamboat was perfected by a slow process. In August 1787, John Fitch exhibited a new steamboat to the framers of the federal constitution 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 w-hom we have heard before, obtained a patent for his invention. Social Conditions 229 Robert Fulton, who was kept well informed of these American experiments, was then studying the problem of steam navigation in Europe. He afterward re turned to America, and in 1807 built the first successful steamboat. The J^ermont was lost in 1815. Another steamer, the Phoenix, built at Vergennes, was already running on the lake. In a few years more the Lake Champlain steamers w-ere the finest in the world. 22. The Course of Trade. — Previous to 1812, the commerce of the Champlain Valley was chiefly with Quebec. During the war trade had been forced south ward. Associations begun with the tner- chants 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. Mer chandise 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 A 1776 tea set 230 History of Vermont 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 w-ent out into all the sur rounding country and returned with the 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 wdth 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 w-ould be carried by, while smaller boats would be taken through the locks. In the winter a farmer w-ho 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 ta.xes. 23. Travel. — Corresponding w-ith the baggage w-agons were 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 w-ith 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 high ways toward the market. Alany a youth w-ho had wondered wdience the stages came and whither they w-ent gained his first view of the outside world b}- going to market as a drover's boy. The Erie Canal, a shining ribbon stretched betw-een Lake Erie and the Hudson Ri\er, w-as completed in 1825, two years later than the Champlain Canal. This Social Conditions 231 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 ac count of the rav ages of insects, and western flour was brought in. White hall was an important distributing point for it. It was a gathering point for western emigrants as well. Teams from the Connecticut Valley often crossed the Green Mountains, carrying the persons and effects of emigrating families and returning loaded with wheat flour, the product of the then far West. rf'i^ ii,i-i o ..>v: ' 0 f-.j S^ ' "¦¦•'-¦ ¦¦ - , '¦-*- . « X8 3* Al>:.d 13 Ye*r:>a h ; (Ti •2'lnJ iTiCir.i j-Ti'irlt : ifjy .^j ^^ ,.:-%"'* " ~ " - — ' — .SGI:I..f.i.C!i.l,.«,.t,'?...*. Northfield High and Graded School Present Conditions 267 great ability and enthusiasm. By his lectures, teachers' institutes and reports he aroused the people to new efforts in behalf of their schools. Until 1864 a portion of the expense of the schools might be, and in many districts was, laid on the pupils attending 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 departments, became an essential Edmunds High School, Burlington 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 educa tion was substituted 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 super vision, and continued nearly two years ; and in 1892 the town system of schools was introduced. In 1894 free 268 History of Ver.mont text books were voted by the General Assembly. In 1906 free high school privileges were extended to all pupils quali- fiedficd to receive such, and a district supervision system by the combination of towns was established. 9. The Huntington Fund. — The Huntington fund became available in 1886, and was a gift to the State of Vermont by Arunah Huntington, a native of Vermont, who acquired wealth in Brantford, Canada. The amount of this fund is $211,131.46 and has been used by the State, but the interest was divided equally among the towns in proportion to their population. In 1906 this fund was merged into the permanent school fund of the State. 10. Industrial School. — The Vermont Industrial School, an institution for the education of criminal youth, was established in 1865 at Waterbury, under the name of Reform School. Afterwards it w-as removed to Vergennes, and in 1894 its name was changed to Industrial School. It is a school of manual as well as of mental train ing. Its purpose is to shield its inmates from bad influences and to enable them to engage successfully in some honorable pursuit. II. Normal Schools. — The normal schools are under the control of a board of normal school commis sioners, and tuition is free to all qualified to enter. Each school has two courses of study, which together extend through three years. Graduates from high schools and academies are admitted to a one-year course. 12. Randolph Norm-^^l School. — The Orange County Grammar School of Randolph was incorporated in 1806, but had been in operation se\'eral years prior to that time. It continued as a county grammar school, or academy, until 1 866, when it became a normal school Present Conditions 269 by the action of the trustees. By the acceptance of the conditions of an act of the legislature of 1866 it passed under State patronage and control February 26, 1867. To and including 1906 it has sent out 1,286 graduates from its lower course, and 169 graduates from the higher course of study, the most of whom have taught in the public schools. 13. Johnson Normal School. — The Johnson Academy 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 normal school. It began work under State supervision February 26, 1867. The whole number of its lower course graduates, to and including 1906, is 939, afld of higher course graduates 42. 14. 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 grammar 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 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 education 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 Castleton was established. The whole number of lower course graduates from (18) 270 History of Vermont this school up to and including 1906 is 936, and of higher course graduates iii. 15. University of Vermont. — The University of Vermont was chartered in 1 79 1. Its first class entered in 1800 and graduated in 1804. The college building was occupied for military purposes and college work was sus pended during a part of the war of 18 12. In 1824 the college building was burned. The corner stone of a new building was laid the next year by General Lafayette. The medical department, first established in 1 82 1 and afterwards suspended, was revived in 1853. The Vermont Agricultural College was chartered 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 departments : The Department of Arts, including The Course in Arts, The Literary-Scientific Course. 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 iXIining Engineering. The Department of Medicine. The laboratories of the university are ample, and it has a valuable museum and an art gallery. The Billings Lib rary, one of the finest buildings of its kind in the country, contains a library of about sixty-six thousand volumes. In addition to the Billings Library building, there have been added to the University plant within a few years the Williams Science Building — one of the best of its kind in New England — a dormitory for young Present Conditions 271 men, a residence for young women students, the buildings and equipments of the experiment station, mechanical buildings, a gymnasium, Morrill Hall, for agri cultural purposes, and three cottages. A new medical build ing has recently been constructed. The University admits both men and women as students, 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. Including 1906, the number of graduates in the depart ment of Arts and of Applied Science is 1,840, in the de partment of Medicine is 2,I20; total, 3,960. The number engaged in military service in the Spanish-American war and in the Philippines was 32. 16. Middlebury College. — Middlebury College is pleasantly situated near the Otter Creek, in a region remark able for its fertility, healthful- ness and natural beauty. Westward are the mountains beyond Lake Champlain; east ward, the Green Mountains. Within a few hours ride are Grandview, the highest of the Red Sandrock mountains. Bread Loaf Inn, on a high plateau, and Lake Dunmore, a beautiful sheet of water at the foot of high mountains, all famous summer resorts. Middle bury College was the first in . ¦ ^ ^ John G. Saxe Vermont to send out graduates. It was chartered in 1800, and held its first Com mencement in 1802. It is now open to students of 272 History of Vermont Governors Stevi'art ; Saxe, the land. A poet ; Edward few of those both sexes, and offers two courses of study, the Classical Course and the Latin-Scientific Course. The cabinet, laboratories and library are sufficient for the present needs of the college, and have recently been housed In elegant and commodious buildings. The faculty consists of a president and twelve professors. Among the distinguished graduates from this college, the following residents of Vermont may be mentioned: Stephen Royce, William Slade, John W. Professor R. D. C. Robbins; John G. J. Phelps, minister to Eng- who have gained distinction in other States are Samuel Nelson, the jurist ; Silas Wright, the statesman; Truman ]\I. Post and J. E. Rankin, clergy men ; Henry N. Hudson, Shakesperian critic; Stephen Olin, John J. Owen, James D. Butler, Jonathan A. Allen and George N. Boardman, educa tors. The whole number of graduates from the Institution, to and including 1906, is 1,635 Captain Alden Partridge, born at'" the _ department of arts, and Norwich in 1785 ; founder 154 In the department of of Norwich University science. 17. Norwich University. — Norwich University grew out of a military school begun at Norwich in 18 19 by Captain 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 Present Conditions 273 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 curriculum thorough military, classical and scientific courses. When the general government called for men to suppress the great rebellion, the student body responded with such unanimity that for two years the University did not have any graduates. The law provides that the corps of cadets may be enlisted In the militia of the State of Vermont as a battery of artillery, company of signal corps and com pany of engineers. The institution contributed 525 com missioned officers to the country in the Mexican War and the Civil War. The whole number of its past cadets is about 1,800, and of its graduates about 502 up to 1906. Ninety Norwich University men were in the Spanish-Amer ican War, and the institution has twenty-five men in the regular army. 18. The Vermont Colleges. — In accordance with legislative enactments of 1884 and 1888 the State offers thirty scholarships to each of her three colleges. A scholar ship pays at least the tuition 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. 19. Educational Tendency. — A few facts indicate the recent tendency of the educational movements In this State. The most significant are the support of the public schools entirely at the public expense, the multiplication of free high schools, the effort to Improve all common schools by the better preparation of teachers. 274 History of Vermont the opening of the colleges to women, the establishment of scientific courses of study in the colleges, the endow ment of academies, and the institution of public libraries. These all look toward the better education of all the people. In 1906 provision was made for the professional super vision of schools by the combination of towns in districts, and generous financial aid was provided therefor; a per manent school fund, consisting of the War Claims Fund, the Huntington Fund and the United States Deposit Money, was established; State aid was granted for the transport ation of pupils and in encouragement of the centralization of schools ; elementary and high schools were legally defined ; and the school code was thoroughly revised. 20. The Opening of the Twentieth Century. — The closing years of the nineteenth century- and the opening of the twentieth were characterized by praiseworthy activities in various lines. Electricity became exten sively applied to lighting, manufacture, communication and transportation, and business received a new impulse thereby. Industrially, various new manu factures were introduced and many old ones received new ^'igor; the marble business greatly increased and the granite industry surpassed all prophecy in regard to growth and output. Agriculturally, a greater interest in scientific farming has been awakened through the state board of [igriculture, the experiment station at Burlington, and the Old wtil ami swiM-p of first settlers, Otrcr Crt-ck v.iiley Present Conditions 275 grange, so that in every valley results are apparent in better stock, better tillage, better products. Educationally there has been a radical change from former methods of teaching and administration, and better educa tional facilities are afforded. Home life on the farm and in the village and city has improved, the things that contribute to culture and comfort abound, and better sentiments socially and religiously prevail. The love and loyalty of non-resident sons and daughters of Vermont have always been proverbial. Many tangible evidences of it are manifested in the numerous and substan tial town halls and library buildings that have been erected in various towns of the State by loyal sons and citizens in recent years, as well as in the constantly recurring visits of themselves and their families to the old home. All the foregoing Indicate a progressive spirit on the part cf the citizens of Vermont, sustain the prestige and reputa tion of the state and people and are the earnest of better days to come. 21. Vermont's Contribution. — The inheritance from the Puritans and the Pilgrims of unswerving allegiance to conscience and duty gave to the early settlers of Vermont the foundation of their sterling character. The toll involved in subduing forest and field and in meeting the demands of a vigorous climate made them prudent, industrious and thrifty; while the Revolutionary War, the contention with New York, and the constant effort for the protection of them selves and their property developed in them a spirit of Independence and a keen understanding of the rights of men and the fundamental principles of government. The strength and stability of the rugged hills and mountains rendered them strong In faith. 276 History of Vermont steadfast in purpose, and triumphant in their efforts; while the abounding beauty of field and wood, of hill and valley, and the daily contact with nature in her best and primitive state softened their hardier selves and gave to them a refreshing charm and frankness. Later the church and school lent a wholesome atmosphere that has aided in transmitting to later generations the worth and character of the hardy first citizens of the new common wealth. From such sturdy stock there have gone forth from Vermont many of her sons and daughters, a few to Cliarlcs C. E.istmaii. a Vermont poet, died in Montpelier September 16. 1S60 "When Ethan Allen ruled the State With steel and stolen scriptur' And waged, alone, ag^aitist New \'ork Hia 'Beech Sear war. and \\'hipt her." Julia C. R. Dorr, poet "Taught that truth is the ip-andest thing Painter can paint, or poet sing" — Dorr obtain distinction, many to win honors, all to be highly esteemed. From her non-resident sons Vermont has given to the nation a distinguished president, Chester A. Arthur, two vice-presidents, William A. Wheeler and Levi P. IVIorton , four cabinet officers and several assistants, ambassadors to Germany, France and Russia, and ministers to numerous other countries, fourteen United States Present Conditions 277 senators, eminent naval and military officers, a United States Philippine Commissioner, and governors of various states; and has contributed to every field of human activity and achievement. Many resident sons of Vermont have also been conspicuous in the affairs of the nation and the world. The state has furnished cabinet officers in Collamer and Proctor, an assistant secretary of the navy in Charles H. Darling, a governor-general of the Philippines in Henry C. Ide, ambassadors to Italy and England in Marsh and Phelps and ministers to various countries, distinguished statesmen in Ira Allen, Foote and Morrill, eminent jurists in Chipman, Redfield and Edmunds, artists in Thomas Powers and Larkin G. Mead , writers in D. P. Thompson and Rowland E. Robinson, poets In John G. Saxe, Julia C. R. Dorr and C. G. Eastman, and numerous prominent clergymen, educa tors, journalists, physicians, and business men. In the 1906 volume of "Who's Who," over 15,000 dis tinguished citizens of the United States are mentioned. Of this number 320 are credited as natives of Vermont, which gives to the state a larger number of eminent persons, accord ing to population, than any other state in the Union. Of the number credited to Vermont, 79 are still residents of the State. It is well for a State to laud her distinguished sons, to boast of her achievements, to rejoice in her prestige and leputatlon; but it Is better for a State to conserve her elements of strength, to deepen the roots of character and to look forward toward greater deeds and men. In this way Vermont will continue to maintain her reputation among her sister states, and reproduce in still greater sons those qualities that have already made her great as a State. 278 History of Vermont Important Dates 279 DATES IMPORTANT TO VERMONTERS 1690 Lake Champlain discovered July 4, 1609 Fort St. Anne built by the French on Isle La Motte. . 1666 Settlement in Vernon^ not later than. . . . Raid against Schenectady Fort built by the English at Chimney Point . . First English expedition through the Lake. Raid against Deerfield 1 704 Fort Dummer Built 1724 French settlement on Chimney Point 1730 Boundary line run between New Hampshire and Massachusetts 1740-41 Bennington chartered 1 749 Settlements at Bellows Falls and Springfield 1753 Bennington Settled 1761 The boundary line between New York and New Hampshire determined by the King 1 764 First convention on New Hampshire Grants 1 765 Massacre at Westminster 1775 Capture of Fort Ticonderoga May 10, 1775 American Colonies Declared Independent.... July 4, 1776 Vermont Declared Independent") Y 1777 Constitution of Vermont formed .... J 28o History of Vermont Battles of Hubbardton and Bennington 1777 First election under the Vermont constitution, l First Meeting of Vermont Legislature., j" Great Britain acknowledges the independence of the United States 1783 Vermont Enters the Union 1791 Voted to make Montpelier the capital 1805 State prison built at Windsor 1809 War with Great Britain begun 1812 Battle of Plattsburg and the Lake 1814 The Champlain canal opened 1823 Presidential electors first chosen by the freemen 1828 E.xecutive council abolished. Senate introduced 1836 The first telegraph line opened in Vermont. . 1848 First railway passenger train in Vermont . . . County officers first chosen by the freemen 1850 Fort Sumter captured, first call for troops. . April 14, 1861 St. Albans raid October 19, 1864 General Lee Surrendered April 9, 1865 Biennial sessions of the legislature begun 1870 Each county becomes a self-taxing body 1872 First electric lights in Vermont 1885 Town system of schools 1892 First electric railway in Vermont 1893 Capture of Manila by Admiral Dewey ]\Iay i, 1898 Dedication of Ethan Allen memorial tow-er, Burlington August 16, 1905 Centennial Celebration at Montpelier of location of capital October 4, 1905 Grand List 281 The Grand List of Vermont^ 1906, is $1,904,461.45 This list consists of the Poll List of 91,071 polls at $2.00 per poll, amounting to. . $ 182,142.00 And one per cent of a Property List consist ing of the appraised valuation of 5,251,068 acres of land at $129,276,413.00, and personal property, above debts, amounting to $42,955,532.00; total, $172,231,945.00. One per cent of $172,231,945.00 $1,722,319.45 Grand List $1,904,461.45 The Vermont State Flag: 282 History of Vermont STATE OFFICERS— GOVERNORS A List of Persons who have held the Office of Governor since ihe organization of the State, and their Portraits Thomas Chittenden ....1778-89 Moses Robinson 17S9-90 Thomas Chittenden* ...1790-97 Paul Brighamt, Aug. 25 to Oct. 16, 1797 Isaac Tichenor 1797-07 Israel Smith 1807-08 Isaac Tichenor 1808-09 Jonas Galusha 1809-13 Martin Chittenden 1813-15 Jonas Galusha 1815-20 Richard Skinner 1820-23 Cornelius P. Van Ness. .1823-26 Ezra Butler 1826-28 Samuel C. Crafts 1828-31 William A. Palmer 1831-35 Silas II. Jtunisont 1835-36 Silas H. Jennison 1836-41 Charles Paine 1S41-43 John Mattocks '. . . .1843-44 William Slade 1844-46 Horace Eaton ........ .1846-48 Carlos Coolidge 1848-50 Charles K. Williams. .. .1850-52 Erastus Fairbanks 1852-53 John S. Robinson 1853-54 Stephen Royce 1854-56 Ryland Fletcher 1856-58 Hiland Hall 1858-60 Erastus Fairbanks 1860-61 Frederick Holbrook ....1861-63 J. Gregory Smith 1863-65 Paul Dillingham 1865-67 John B. Page 1867-69 Peter T. Washburnil 1869-70 George W. Hendee§. . . .1870 John W. Stewart 1870-72 Julius Converse 1872-74 Asahel Peck 1874-76 Horace Fairbanks 1876-78 Redfield Proctor 1878-80 Roswell Farnham 1880-82 John L. Barstow 1882-84 Samuel E. Pingree 1884-86 Ebenezer J. Ormsbee 1886-88 William P. Dillingham. 1888-90 Carroll S. Page 1890-92 Levi K. Fuller 1892-94 Urban A. Woodbury. .. .1894-96 Josiah Grout 1896-98 Edward C. Smith 1898-00 William W. Stickney ... 1 900-02 John G. McCullough. . .1902-04 Charles J. Bell 1904-06 Fletcher D. Proctor 1906 * Died in office Aurust Z^. 1797. + Lieutenant Guvernor, iietint Governor on the de»th of Governor Chittenden T Lieutenant Governor, Governor by reason of no election ot Governor by the oeonle II Died in office. Feb. 7, 1870. teoyie. § Lieutenant Governor, Go\ ernor liy reason of the death of Governor Washburn. Portraits of Muses Robinson. Ezra Butler, Horace Eaton. Carlos Coolidje, have never ap. peared III any text book before, tile first tivo beine composite pictures e.vecutcd in 190S from sketciie.s approved by descendants. This is thc Iirst text-book to contain portraits of all the eoiernors of the State. ^'O'V jCLKi-^O-JtlQ XJP VtLKiVIONT Thomas Chittenden, 1st and 3'd Gov.. 1778-89. 1790 97. 18 years Moses Robinson, 2nd Gov.. 1789-90 Paul Brijham. 4th Gov.. 2 mos., 1797 Isaac Tichenor. Sth and 7th Gov.. 11 yrs. .^.<'««j)6, Prnfile nf Israel Smith, fith Gov.. 1807-8 Jonas Galusha. Sth and 10th Gov.. 9 yrs. Martin Chittenden, 9th Gov.. 18H-15 Richard Skinner, llth Gov.. 1820-23 Samuel C. Crafts. 14tli Gtn., 1828-31 William A. P.ilmer, 15th Gov.. 1811-35 Silas H. Jennison. I6th and 17th Gov., 1835-41 Charles Paine. 18th Gov., 1841-43 John Mattocks, 19th Gov., 1843-44 William Slade, 20th Gov., 1844-46 Horace Eaton, 2lst Gov., 1846-48 Carlos Coolidge, 22nd Gov., 1848-50 Charles Kilborn Williams, 23rd Gov. 1850-52 Erastus Fairbanks, 24th and 29th Gov, , 1852-53, 1860-61 John S. Robinson, 25th Gov., 1855-54 Stephen Royce, 26th Gov., 1854-56 Ryland Fletcher, 27th Gov.. 1856-5S Hiland Hall, 28th Gov., 1858-60 (286) Frederick Holbrook, 30th Gov., 1861-63 John Gregory Smith. 31st Gov., 1863 65 Paul Dillingham, 32nd C,,jv.. 1865 67 John B. Page, 33rd Gov., 1867-69 Peter T, Washburn, 34th Gov., 4 m. 1869-0 George W. Hendee, 35th Gov,, 8 m, 1870 (287) John W. Stewart, 36th Got., 1870-72 it - Julius Converse. 37th Gov., 1872-74 Asahel Peck, 38th Gov,, 1874-76 Horace Fairbanks, 39th Gov., lS7t^7S Redfield Pn.ctor, 4tltli Gov., l,s:s-80 Roswell Farnham, 41st Gov,, 1880-S2 (288) ^^ ^ I ^KK' I »'»•' Wf^ ^ John L. Barstow. 42nd Gov.. 1882-84 Samuel E. Pingree, 43rd Gov., 1884-i Ebenezer J. Ormsbee. 44th Gov.. 1886-S W. P. Dillingham, 45th Gov., 1888-90 Carroll S. Page, 46th Coy,, 1890-92 Levi K. Fuller, 47th Gov,, 1S92-94 Urban A. Woodbury, 48th Goi., 1S94-96 Josiah Grout, 49thGov., 1896-98 E. C. Smith, 50th Gov., 1898-1900 William W. Stickney, 51st Gov., 1900-2 > John (;. McCullough, 52nd Gii., 1902-4 Charles J, Bell, 53rd r.<„ lotU-A State Officers 291 Fletcher D. Proctor. 54th Gov.. 1906- STATE OFFICERS— LIEUTENANT- GOVERNORS A List of Persons who have held the Office of Lieutenant Governor since the Organization of the State Joseph Marsh 1778-79 Benjamin Carpenter ....1779-81 Elisha Payne 1781-82 Paul Spooner 1782-87 Joseph Marsh 1787-90 Peter Olcott 1790-94 Jonathan Hunt 1794-96 Paul Brigham* 1796-13 William Chamberlain ..1813-15 Paul Brigham 1815-20 William Cahoon 1820-22 Aaron Leland 1822-27 Henry Olin 1827-30 Mark Richards 1830-31 Lebbeus Edgerton 1831-35 Silas H. Jennison* 1835-36 David M. Camp 1836-41 Waitstill R. Ranney. ... 1841-43 Horace Eaton 1843-46 Leonard Sargeant 1846-48 Robert Pierpoint 1848-50 Julius Converse 1850-52 William C. Kittredge. . .1852-53 Jefferson P. Kidder 1853-54 Ryland Fletcher 1854-56 Tames M. Slade 1856-58 Burnam Martin 1858-60 Levi Underwood 1860-62 Paul Dillingham 1862-65 Abraham B. Gardner. . .1865-67 Stephen Thomas 1867-69 George W. Hendee*. .. .1869-70 Georfre N. Dale 1870-72 Russell S. Taft 1872-74 Lyman G. Hinckley 1874-76 Redfield Proctor 1876-78 Eben R. Colton 1878-80 John L. Barstow 1880-82 Samuel E. Pingree 1882-84 Ebenezer J. Ormsbee. .. .1884-86 Levi K. Fuller 1886-88 Urban A. Woodbury. .. .1888-90 Henry A. Fletcher 1890-92 F. Stewart Stranahan. .. 1892-94 Zophar M. Mansur 1894-96 Nelson W. Fisk 1896-98 Henry C. Bates 1898-00 Martin C. Allen 1900-02 Zed S. Stanton 1902-04 Charles H. Stearns 1904-06 George H. Prouty 1906- 21)2 History of Vermoxt FEDERAL RELATIONS ¦Idmission of Vermont into the Union, and tables exhibiting the names of all persons luho have been Senators and Representa tives in Congress At a convention held at Bennington January 6, 1791, it was finally determined by a vote of 105 yeas to 2 nays to make applica tion to Congress for admission into the Union. On the tenth day of January, 1791, the Legislature met at Bennington; and, on the fSth of the same month, Hon. Nathaniel Chipman and Lewis R. Morris, Esq., were appointed commissioners to attend Congress and present the request of the State for such admission. The commis sioners immediately entered upon the duties of their appointment; and, on February 18, 1791, the approval of an Act of Congress was made, by which "Vermont shall be received and admitted on March 4, 1791," thus being the first State that was admitted into the Union after the adoption of the Federal Constitution. SENATORS IN CONGRESS From 1 79 1 to 1905 First Class Moses Robinson* 1791-96 Isaac Tichenor* 1796-97 Nathaniel Chipman .... 1797-03 Israel Smith* 1803-07 Jonathan Robinson 1807-15 Isaac Tichenor 1815-21 Horatio Seymour 1821-33 Benjamin Swift 1833-39 Samuel S. Phelps 1839-51 Solomon Foott '. 1851-66 George F. Edmunds. ... 1866-91 Redfield Proctor 1891- Second Class Stephen R. Bradley. . . . Elijah Paine Stephen R. Bradlev Dudley Chase* . .'. James Fisk* \A'iIliam A. Palmer. . . . Dudley Chase Samuel Prentiss* Samuel C. Crafts William Uphamt Samuel S. Phelps L.-iwrence Brainerd. . . . Jacob Collamert Luke P. Poland Justus S. Morrillt Jonathan Ross William P, Dillingham, " First and second class ¦ relate to classes as defined in the clause, third section, first article, of the Constitution of the States. ,1791-95.1795-01.1801-13 1813-17 1817-181818-251S25-31 1831-421842-43 1843-531853-541854-55 1855-651865-67 1867-991899-001900- second United " Resigned t Died in office Federal Relations ^93 Senator Solomon Foot 1851-66 Senator Jacob Collamer 1855-65 Senator Justin S. Morrill 1867-99 Senator George F. Edmunds 1866-91 Portraits of Redfield Proctor and William P. Dillingham, senators at time of publication, will be found among the governors, pages 296 and 297 respectively 294 History of Vermoxt REPRESENTATIVES IN CONGRESS From 1791 to 1905 Nathaniel Niles '791-95 Israel Smith 1791-97 Daniel Buck '795-99 Matthew Lyon 1797-1801 Lewis R. Morris ....1797-1803 Israel Smith ... William Chamberlain . Martin Chittenden .... James Elliot Gideon Olin James Fisk James Witherell* Samuel Shaw William Chamberlain . Jona. H. Hubbard James Fisk William Strong William C. Bradley... Ezra Butler Richard Skinner Charles Rich Daniel Chipman Luther Jewett Chauneey Langdon .... Asa Lyon Charles Marsh John Noyes Heman Allen of Colches ter! Samuel C. Crafts William Hunter Orsamus C. Merrill.... Charles Rich Mark Richards William Strong Ezra Meech Rollin C. Mallorj Elias Keyes John Mattocks Phineas WHiite William C. Bradley D. Azro A. Buck Ezra Meech John Mattocks George E. Wales Heman Allen of Milton. 801-03803-05803-13803-09803-07805-09807-08808-13809-11 809-11 811-15 811-15 813-15813-15813-15813-15815-17815-17815-17 815-17815-17815-17 817-18817-25817-19 817-19 817-25 817-21 819-21819-21 819-31 821-23 8:;i-23 821-23823-27 823-29 825-27 S25-27S2S-29 8:17-29 Benjamin Swift 1827-31 Jonathan Huntt 1827-32 William Cahoon 1827-33 Horace Everett 1 829-43 William Slade 1831-43 Heman Allen of Milton. 1832-39 Hiland Hall 1833-43 Benjamin F. Deming. .. 1833-35 Henry F. Janes 1835-37 Isaac Fletcher 1837-41 John Smith 1839-41 Augustus Young 1841-43 John Mattocks 1841-43 George P. Marsh 1843-49 Solomon Foot 1843-47 Paul Dillingham 1843-47 Jacob Collamer 1843-49 William Henry 1847-51 Lucius B. Peck 1847-51 William Hebard 1849-53 James Meachamt 1849-56 Ahiman L. Miner 1851-53 Thomas Bartlett, jr 1851-53 Andrew Tracy 1853-55 Alvah Sabin 1853-57 Justin S. Morrill 1855-67 George T. Hodges 1856-57 Eliakim P, Walton 1857-63 Homer E. Royce 1857-61 Portus Baxter 1861-67 Fred'k E. Woodbridge. . 1863-69 Worthington C. Smith. . 1867-73 I uke P. Poland 1867-75 Charles \'\'. Willard 1869-75 George \^'. Hendee 1873-79 Dudley C. Denison 1875-79 Charles H. Joyce 1875-83 Bradley Barlow 1879-81 James M. Tyler 1879-83 Willi.nm W. Grout 1881-83 Luke P. Poland 1883-85 John NA'. Stewart 1883-91 N\'illiam W. Grout. . .1885-1900 11. Henry Powers. .. .1891-1900 Kittredge Raskins 1900- D. J. Foster 1900- * Rrjigiicl in ISOU, in accept the appointment ot Federal Judge in Michigan Territory T Resigned in 1818, and was appointed U. S. Marshal for Vermont tlDlnl in ..Huv CIVIL GOVERNMENT OF VERMONT AND THE UNITED STATES REVISED 1907 I. Civics Text II. Constitution of Vermont III. Constitution of the United States Ui Civil Government of Vermont INTRODUCTORY NOTE The following text on Civics is not intended as an ex haustive treatise of the subject, but rather as a clear and concise statement of the essential governmental principles that should be taught in the public schools, of the qualities that enter into good citizenship, and of the processes of law making and administration. The chief benefits to be derived are best secured by the individual pupils learning facts con cerning the business affairs of the town, studying details of administration and investigating phases of local and state government. Accordingly, the teacher is reminded that the te.xt is a means rather than an end, and that ample oppor tunity is afforded for supplementary work on the part of the pupils. These chapters are published with the hope that they may be so employed by the teachers that the pupils will be thoroughly impressed with their duties and responsibilities as citizens. The regular text is followed by copies of warnings of various meetings and of ballots used in the general elections of 1904; also by the Constitutions of Vermont and of the United States. KjH Cl\'IL Go\'ERX.MEXT OF VeRMOXT C[VICS FREEiM.fX'S OATH — You solemnly sivear {or affirm) that ivhcncvcr you give your vote or suffrage, touching any matter that concerns the State of I ermont, you will do it so as in your conscience you shall judge will most conduce to the best good of the same, as established by the constitution, ivithout fear or favor of any man. CHAPTER I is Prep.^r.'^tiox for Citizexship N ALL RELATIONS to the State it is one's highest duty to be a good citizen. In order to be a good citizen it is necessary, first, to be a good man or a good woman ; and, in order to be either, it is necessary to have good prin ciples. Principles are the forces that direct and control conduct. Therefore a good man or a good woman is a person of good conduct. Opportunities for exercising right principles are afforded in the home, at school, and with as.^ociates ; and this exercise of right principles is the training necessur^- for the forming of right habits and for becoming a good citizen. The impulses of most children are to do right, and little training is necessary. Other children may not be so fortunately endowed, or, through unfortunate associa- Preparation for Citizexship 299 tions, may have practiced wrong principles, and so the cultivation of right habits is slower and more difficult. Principles of right conduct can usually be determined by asking the question "Is it right?", or by asking subordinate questions such as "Is it kind?", "Is it true?", "Is it honest?", "Is it fair?", "Is it just?" That which decides between right and wrong principles is called conscience; but frequently a question of expediency or a question concerning the better of two courses arises and then the judgment acts as arbiter. Conscience and judgment are both train able through exercise; and the more they are trusted, exer cised and followed, the stronger and more intelligent they become. When a right principle becomes thoroughly in trenched in one's life it becomes a virtue; and so we speak of home virtues, of school virtues, of social virtues, and of civic virtues, — all developed by the exercise of right principles. The highest principle is service, and the charm of service is the glad manner in which it is rendered. In the home each child should contribute his share of service to the family; should have certain appointed tasks to perform; and these should be performed regularly and willingly. Also, in all family relations, there should be kindness and cordial respect. The earliest opportunity for the exercise of right principles and for training in the virtues is in the home. Here, as in school and in life, the cardinal virtue is obedience, the characteristics of which are willingness, promptness, and exactness. If- anything is done unwillingly or through coercion it is mere conformity. The school is practically the home enlarged in its relations and in its work. Consequently the virtues cultivated in the home are still further developed at school. But in the school 30) Civil Goverxme.xt of \^ermoxt new M-ts of virtues are brought into prominence through the new relations and through work of a new character. In thf schoolroom the teacher is the authority rather than the parents ; associates are others than brothers or sisters ; and the work necessarily differs from that of the home. High school pupilb at drill The chief virtues to be exercised at school are punctuality and regularity in attendance; industry, independence and order in work; cheerful obedience to the rules and regulations of the school ; kindness and fairness toward all. The child at school has more frequent and se\ere tests of his virtues •than .It home, and any child that stands the tests of char acter at school w'ill imdoubtedh" endure those of later 3-ears. In the sclioolroom there should be no dissimulation, there should be no disposition to select the mistakes and defects of other pupils and speak of them, there should be no shielding of intentional wrong by silence or evasion; Preparation for Citizenship 301 but frankness and truthfulness should prevail, the excellence of other pupils should be observed and spoken of with pleasure, a sense of right conduct as con ducive to the best work and reputation of the school should dominate, and a healthy school conscience should be maintained. On the playground there should be no unfairness, no de ception, no taking advan tage, no indulging in ill- will, no keeping of pos sessions not rightfully earned; but there should be a spirit of fairness and justice; the game should be played, not for the mere winning, but for the test ing of skill by skill; and manliness and honor should characterize every act. As service should be the chief purpose in life, its application probably can be governed best by the following rule, — -" The greatest good to the greatest number in the greatest degree." Now, in order to be well equipped and qualified to render the best service, it is necessary for one to care for himself and to train his powers. Good service cannot be rendered unless one has a vigorous body, and a vigorous body depends upon cleanliness, plenty of proper exercise, sufficient sleep and rest, pure air and wholesome food. One should abstain from all excesses and wrong indulgences, and any habit Horn-book, used in Colonial times (20) 302 Civil Government of Vermont that impairs the health of the body should be avoided. Furthermore, the state of one's mind is generally de pendent upon bodily health. Peevishness, unkindness and loss of spirit are frequently the result of a weak or deranged physical condition ; while cheerfulness, readiness to serve, and a strong personality are usually the characteristics of a healthy body. Likewise it is necessary to have the mind well trained, and for this immediate purpose the public schools are chiefly maintained. Keen observation of things and affairs, close attention to business or work at hand, a ready and retentive memory, clear and logical reasoning power, and good judg ment are cardinal mental virtues, and are developed by exercise, the same as other virtues. The object of attending school should not be so much for acquiring facts .as gaining power, not so much for absorbing knowledge as radiating it, not so much to know as to understand; and the question most frequently asked should be " why " rather than " how." Education should not be separated from life, and whatever is gained in the schoolroom should find a practical application in life. Also the mental emotions of beauty, pleasure and cheerfulness, together with right desires, appetites, propensities and affections should be trained. But that which carries into effect all plans and purposes, that which needs especial training in most people, is a strong, free will. The train ing of the mind gives power, but the training of the will makes one effective. In the consideration of one's best service to others it is necessary also to consider those moral forces which are exer cised in the various relations among men. The Declara tion of Independence, July 4, 1776, enumerates as " inalien able rights" "life, liberty and the pursuit of happiness." All of these rights we highly prize and jealously guard, and Preparation for Citizenship 303 they have made us strong as a nation. Our ideas of liberty should be clear and fixed, and intrucion upon the rights of others should be avoided. While there is vouchsafed to us liberty of conscience, liberty of thought, liberty of speech, and liberty of action, still this does not imply that there are no bounds. One's liberty ends where another's liberty begins. Therefore one has no right to slander or malign another and so injure his reputation, to deprive him of any thing that rightfully belongs to him, or to coerce him in any unlawful manner, for all such acts infringe upon his right to the "pursuit of happiness." In the common relations among men there are a few special virtues that need be cultivated. I. Courage. — ^A courage to say " yes " to the right as well as "no" to the wrong; a courage to speak good rather than ill; a courage to stand for the right even in the face of a wrong majority; a courage that will not desert truth, justice, and the tests of character and conduct. 2. Self-Control.- — One cannot control others unless he has self-mastery. There is an old proverb which says, — " He is a fool who cannot be angry: he is a wise man who will not." " Only one get angry at a time," is a safe rule. When angered by the offensive conduct or language of an other, it generally debases one's self to retaliate by giving like for like. A loss of self-control is usually followed by a loss of self-respect. Not only does self-control pertain to anger, but it also includes calmness in times of trouble, or danger, or excitement of any kind, and its exercise at such times often forefends greater trouble or disaster. 3. Kindness. — Kindness is a reciprocal virtue; it gives and gets in return; the more one has, the more he receives. The strength and number of one's friends are measured by it, and it cheers and brightens life more than any other 304 Civil Goverx.mext of Vermoxt virtue. From it spring that courtesy that always charms with its graciousness, that thoughtfulness that so readily administers to another, and that willingness that would make amends for any harm done or offense given. 4. Purpose. — Men lack purpose more than they lack knowledge, and most of the wrong of the world is the lack of a right purpose. The highest purpose is to be of some good service. This includes all minor purposes, whether learning a trade or doing a neighborly act, and it also includes the purpose to be true, to be honest, to be manly, at all times and under all conditions. And so the influence of the home, the teaching of the school and the training that comes through associates should well prepare one for good citizenship and life. Moiiumeni erected in Williston in 1895 in memory of the first governor of \'ermont, Thomas Chittenden Prepar.^tion for Citizenship 305 CHAPTER II Organization LL SOCIETY, whether the home or the nation, is organized under and governed, consciously or unconsciously, by a code of laws, or set of rules, written or unwritten. Such laws or rules are necessary in order to secure peace to society, perpetuity to govern ment, and the ends for which society and government exist. Government is the administration of laws or rules. A law is a rule of action established and enforced by authority. A rule is a guide for conduct or action ; it is not so fixed and arbitrary as law. A law declares what must be done, a rule usually prescribes how it should be done; one is invariable in its application, the other has exceptions. A principle is a fundamental truth used as a starting point and to control action. A method is simply a manner of doing anything, and a statement of a method is therefore a rule. Men differ more in methods than in principles. In every organization there must be laws, or rules, and authority to enforce them; and, in order that the purposes of the organization may be realized and its business transacted in proper form, it is necessary to have officers. And so in organizing a school into a club or society, it is necessary to have officers to carry into effect the purposes of the organization. The purposes are usually stated in a preamble to a constitution. 3o6 Civil Government of Vermont A constitution is a set of articles specifying officers, man ner of election, duties and powers, and mode of modifica tion of constitution by amendments. Also there is some times a set of rules, or by-laws, regulating the minor details of the organization. In organizing, it is usually well for some one to call a meeting of those interested in the project. On assembling, the one issuing the call, or giving the notice, calls the meeting to order, states the purpose of the meeting, and calls for the nomination of a presiding officer, usually called chairman. If the one who is presiding is nominated, then the person who makes the nomination is expected, after the nomination has been seconded, to sub mit the nomination to a vote on the part of those present. If some other person is nominated, the one presiding sub mits the nomination to a vote. In case t\vo or more are nominated for the office, a ballot is usually taken; other wise the vote may be by acclamation or show of hands. After the election of the chairman and his acceptance of the same, a secretary or clerk is elected for the purpose of keeping the records of the meetings. As soon as an organ ization is thus far accomplished, then the questions of a permanent organization and of the election or appointment of a special committee to draw up a constitution and by-laws can properly be considered. After this business has been transacted, then the meeting may adjourn, subject to the call of the chairman or of the special committee, according to the vote of adjournment. After the committee has performed its duties and the next meeting assembles according to notice given, the chair man calls the meeting to order, states the business at hand, calls for the report of the special committee on constitu tion and by-laws, and awaits the pleasure of those assem bled. As the business to come before the meeting is the acceptance or non-acceptance of the committee's report a Preparation for Citizenship 307 motion is usually made and seconded for its acceptance, and a vote is taken to that effect. If the report is accepted, then the question of adoption of the constitution and by-laws, either complete or article by article, is presented in the proper form of a motion. Sometimes the acceptance of a committee's report and adoption of constitution and by laws are included in one motion when the report apparently is generally satisfactory. As soon as the constitution and by-laws are adopted, the club or society can proceed at once to organize under the constitution and by-laws, either by electing officers at once or by empowering the chairman to appoint a committee who shall present a list of officers at the meeting in session or at a subsequent meeting, accord ing to the nature of the vote. The report of the nomi nating committee may be accepted or rejected, but it is usually accepted. Acceptance is understood to include election; but it is better form for the motion for accept ance to carry with it the motion for election also. If the constitution prescribes the election of officers by ballot, and if the list submitted by a nominating committee apparently is acceptable, then it is customary for some one to move that the secretary be instructed to cast the ballot for the whole. The motion carried, the secretary should so do, and the chairman declares the election of the various officers nomin ated. If any member objects to this method of election, then a ballot is in order. Directly upon the election of officers, the chairman of the meeting, provided he is not elected to succeed himself, calls the chairman or president to the chair, retires, and the organization is ready for business. In organizing there are certain terms, forms, and methods with which all should first become acquainted. The presiding officer in senates, incorporated companies, clubs, boards of aldermen of cities and various public and private 3o8 Civil Government of Vermont organizations is usually called the President; in the national house and in the state house of representatives, he is called the Speaker ; in conventions, meetings, and committees, he is called the chairman ; in town meetings, he is called the moderator ; in city councils, he is usually the Mayor, and is so called. A quorum is the number specified in the constitu tion as necessary to be present for the transaction of business, — in legislative assemblies usually a majority is a quorum. A motion is a proposition submitted to a deliberative assembly for action, — to do something, to cause something to be done, or to express an opinion. When it is presented by the presiding officer for acceptance or rejection it is called a question; if adopted it becomes the order, vote or resolution of the assembly. A vote is an expression of opinion or choice. There are various methods of voting, the simplest of which is by voice, called viva voce, by w-hich each favoring a measure or nomination says " Aye " or "Yes;" those disfavoring say "No," and the chairman decides according to his estimate of the majority of voices. Whenever the vote is close it is the dun," of the chairman to state that the "Ayes" or "Noes" appear to have it; to wait a moment; then, if there is no dissent, to declare the vote. When in doubt, he may call for a show- of hands, a standing vote, or a calling of the roll; or anyone voting may appeal from the chairman's decision on a viva voce vote to one of another method. The show of right hands, affirmative and negative in turn, is a quiet, simple and accurate method and is in common use in clubs and socie ties. Nine-tenths of all public votes, however, are taken by an " Aye " or " No " vote. In legislati\-e assemblies the doubt in a viva voce vote is usually dissolved by the members standing, affirmative and negative in turn, until Prep.a^ration for Citizenship 309 they are counted by the clerk; in the British Parliament the result is reached by a division of the house, the affirma tive on one side and the negative on another. Also a division of the house is sometimes resorted to in meetings held in places unprovided with suitable seating capacity. The roll is sometimes called when it is desired to make a record of the attitude of any man or set of men; and voting by ballot is resorted to frequently when it is advis able to maintain secrecy of attitude and freedom of action. A ballot can always be resorted to, and when demanded the chairman so orders. A nomination or an election by a viva voce vote is called a nomination or an election " by acclamation;" political elections, however, are usually by ballot. A majority means more than half; a minority, less than half; a plurality, more than any other. In the transaction of parliamentary business and in the election of most officers, a majority vote is invariably necessary; but in some elections, like that of a congressman, county and city officers, and justices of the peace, a plurality vote elects. In all deliberative bodies the method of procedure in the transaction of business is governed by certain commonly accepted regulations, called parliamentary rules, an acquaint ance with the simpler forms of which is desirable and neces sary. In case a company, club, or society is properly organ ized, the chairman, generally styled president, calls the members to order at the appointed time, appoints a secre tary pro tern, in case the regular secretary is not present, and proceeds with the business of the association. In case one wishes to make a nomination, he rises in his seat, ad dresses the chairman as " Mr. President," waits until he is recognized, — the president calling him by name or denot ing his position in the hall or room, — then makes the 3IO Civil Government of Vermont nomination simply by saying " I take pleasure," or "I wish to nominate Mr. for ," naming the person and the office. In conventions and mass meetings the nomina tion of a candidate is usually accompanied by a speech, but in mere social or business organizations and some deliberative bodies all encomiums are deemed inappropriate and unnecessary. The nomination is usually seconded in the same manner as it is made, — the one seconding, after addressing the chairman, simply says, " I take pleasure in seconding the nomination of IVIr. for ," or " I second the nomination of Mr. for ." Then the president places the nomination before the organization by saying, " Nomination is made and seconded that Mr. be elected as . As many as favor his election to this office please signify it by saying 'Aye.' " As soon as an affirmative expression is given, the president calls for those opposed, saying, "Those opposed, by saying ' No,' " and declares the election or non-election according to the majority vote. These forms are substan tially those in common use in ordinary elections, but the wording varies according to the nature and size of gather ing, the office to be filled, and the usage of the presiding officer. In the transaction of business other than elections, any one desiring to make a motion, after addressing the chair and being recognized, simply says, "I move that, etc." As soon as this is properly seconded, then tlie presiding officer puts the motion, using the precise language of the body of lhe motion, and asks the pleasure or action of those present somewhat as follows: "It is moved and seconded that . Is there anything to be said on the question?" The motion thus passes from the president to the members, and is then subject to discussion or amendment if desired. In case it is not modified or amended in any way, action is taken at Preparation for Citizenship 311 once by the president putting it to a vote by saying "Those in favor of the motion say 'Aye,' " or "Those in favor of the motion signify it by saying 'Aye.' " After the affirmative vote is taken the negative is also taken, and decision is made by the presiding officer. The maker of a motion may with draw his motion in case the presiding officer permits and there is no dissent. After a proposition is submitted it can be disposed of in one of seven ways: I. By action on the question, proposition, or measure, without modification. 2. By indefinite postponement. 3. By adjournment. 4. By causing it to lie on the table, a temporary suspen sion of further consideration. 5. By consigning it to a committee. 6. By amendment. 7. By question of consideration. A proposition or measure may be amended by proposing an amendment which must either be accepted by the mover of the proposition or become a corporate part of the propos ition by a majority vote. An amendment to an amendment can be made, but the privilege does not extend to a third amendment. After a measure or proposition has been acted upon, it can be recalled for further consideration by proper action, in which case it stands in the same state and condition as before the vote was taken. A motion for reconsideration must be made by some one voting in the majority. Although a question or measure may be under considera tion, there are certain privileged motions relating to adjourn- r/ient and to privileges of the organization and members that take precedence. Also there are subsidiary motions relating to the disposal of a proposition or measure by methods already specified. 312 Civil Goverxmext of Vermont Among subsidiary motions, that which brings up the question of propriety or validity of consideration has first place, that relating to tabling the measure has second place, that relating to amendments has last place, the others, such as to post pone, to commit, and previous question have third place co- ordinately. There are also certain incidental motions that arise, such as those that relate to order, to reading papers, to withdraw ing a motion, to suspending the rules, to the division of a motion, to method of consideration and to amending an amendment. For practice in parliamentary usages and for an acquaint ance with town affairs, each school should occasionally be resolved into a town meeting and proceed with the election of officers and the discussion of local questions. Towx Government 313 CHAPTER III Town Government HEREVER there is organization there is authority and government, whether in the self- government ot the individual or in the divine government of the world. And so in the organization of a town there is town authority and town government, and what is true of towns in this respect is also true of cities. Provided an un organized town contains no less than fifteen families, it may become a corporate town by the inhabitants organizing under the laws of the State and so em powering themselves to transact business. If there are twenty families in such unorganized town, they must organize as a town. Consequently an organ ized town consists of land, people and laws ; and is thereby a civil government. The business delegated to a town by the laws of the State consists in electing town officers, laying and collecting taxes, building and caring for roads, maintaining schools, supporting resident poor, and various other matters of a local nature, and the method of transacting this business is controlled somewhat by law. Newbury, chartered May 18, 1763 (From an oM plate) 314 Civil Government of Vermont Election of Officers. — In accordance with law a meet ing for the annual election of town and city officers and for the transaction of business is held in every town and city in the state on the first Tuesday in March. Notice is given to the voters in towns through a warning, drawn up and signed by the selectmen, specifying the place and the hour of the meeting and setting forth the subjects to be considered and business to be transacted. This notice must be recorded by the town clerk and posted in three public places twelve days before the meeting. On assembling at the appointed place and time the moderator elected the preceding year, or in his absence one of the selectmen, calls the meeting to order. The first business is to elect a moder ator. After his election and assumption of office, the election of a town clerk naturally follows. This act is usually followed by the reading and discussion of various town reports, by the election of other necessary officers, and by the transaction of any other business which may properly come before the meeting at that time, especially such as is itemized in the warning. The other officers, besides the moderator and clerk, elected at the regular town meeting are: selectmen, invariably three, but four or five are per missible ; town treasurer ; overseer of the poor ; constable, two if necessary; collector of taxes, — constable in case of non- election of collector; listers, invariably three, but four or five are permissible; auditors, three; trustees of public money, one or more; fence viewers, three; tow-n grand jurors, one or more; inspectors of leather, one or more; surveyors of wood and inspectors of lumber and shingles, one or more ; pound keepers, one for each pound ; road commissioners, one or two, elected by ballot; town agent, for legal purposes; school directors, three, one each year; county grand and petit jurors, number determined by board of civil authority ; and sometimes other officers for local institutions or for special purposes. Town Government 315 A special town meeting may be called by the selectmen, and shall be called by them upon a petition signed by six resident voters in town, and whatever business is specified in the warning may be transacted. Town officers are usually elected by acclamation, but a ballot for the election of the principal town officers must be taken on a call of three voters. Although the term of office is for one year, still officers legally hold over until their suc cessors are chosen. Vacancies may be filled by appointment by the selectmen, or by election at special meetings. The pay for services of most town officers is generally fixed by the town ; however, a few town officers have fees for services, and others have per diem pay fixed by law. Selectmen, road commissioners, school directors, and over seer of the poor can draw orders on the town treasurer ; clerk, selectmen, constable, listers, town grand jurors and fence viewers are required to be sworn ; while constable, road commissioner, school directors, collector of taxes, treasurer, clerk and trustees of public money must give bonds, and overseer of poor may be required so to do upon vote of town. A board of civil authority, consisting of the selectmen, justices of the peace and town clerk, nominates the persons to serve as grand and petit jurors for county court, acts as a board for abatement of taxes, counts votes in elections by ballot, and decides questions pertaining to the suffrage rights of voters. The duties of the principal town officers are as follows: The moderator presides over and regulates the business of the town meetings. The town clerk makes a record of all business done in the town meetings, records deeds and other instruments and evidences respecting real estate, preserves the certificates of births, marriages and deaths returned to him, receives and distributes blanks, makes various reports and returns re- 3i6 Cu'iL Government of Vermont quired by law, and performs such other duties as the law requires. The selectmen have the general supervision of the con cerns of the town, and cause duties required by the town and not committed to any particular officer to be performed. They have care of the school lands of the town, they divide the school money of the town between the town district and the incorporated school district if the town has such a dis trict, they keep a record of accounts allowed by them and orders drawn and present it at the towm meeting. They assess the highway tax and see that all tax bills are made out. The town treasurer is to receive and safely keep the moneys of the town and to pay out the same on proper order, and he is to keep an account of all moneys, bonds and notes paid to him, and of moneys paid out by him, w-hich shall always be open to inspection; and he shall receive the taxes w-hen so directed by the town. The overseer of the poor is to take charge of town paupers and to provide for needy persons in cases required by law. The constable is to preserve the peace and to execute all lawful writs and warrants directed to him, to serve as col lector of taxes when no other provision for their collection is made, to warn and preside at freemen's meeting and presi dential election. The town grand jurors inquire into offenses which may come to their knowledge within the town for which they are appointed, and present to proper authority such as in their judgment ought to be prosecuted. Presentments by a grand juror shall be made under his oath of office and official signature to a justice by information in wa-iting. The grand juror may attend the examination of any person arraigned on such information. Town Government 317 The listers are to make a list of the taxable polls in the town and of the taxable property, both real and personal, and to appraise the same, and to lodge their list, when com pleted, in the town clerk's office. An appraisal of all real estate except quarries is made quadrennially, and of improve ments annually. The auditors examine and adjust the accounts of town officers and report their findings to the town. The town agent is to prosecute and defend suits in which the town is interested. The school directors employ the teachers for the schools and have care of the school property and the management of the schools. They elect a clerk of the board, truant officers, and a superintendent of schools, and purchase text-books and appliances for the schools. Town superintendents have direct supervision of the town schools, and two or more towns having not more than 70 nor less than 30 schools may unite and employ a superin tendent. Such officer shall report annually to the town the result of his labors. He can dismiss a teacher found incom petent and makes recommendations to the school directors in regard to the condition of school buildings and needs of the schools under his charge. According to law, any male citizen, twenty-one years of age, resident in town, listed in town the April previous, may vote in town or city meetings, provided his municipal taxes are paid. On the same qualifications, excepting that of sex, women are entitled to vote for school officers, and are eligible to hold the offices of school director in towns or commissioner in cities, town clerk, school superin tendent, town treasurer, and trustee of public library. The terms resident, citizen, voter, and freeman are not synonymous. A resident is one who is settled in a place ; a citizen is a native of the United States or a foreigner natural- (21) 3iiS Civil Govern.ment of Vermont ized into citizenship; a voter is one who has the right of suffrage In town and freemen's meetings ; and a freeman is one who is entitled to vote at the general elections, which in clude freemen's meeting and presidential election. And so the term resident is the most general and includes citizens; the term citizen includes voters ; and the term voter includes freemen. A person may be a citizen of the United States, but not a citizen of the state ; however, he may become such upon becoming a resident and taking the prescribed oath. The process of naturalization consists of a declaration of intention to become a citizen of the L'nited States and of re nunciation of allegiance to any other government. This declaration is made before a court of record. Two years later, in case an applicant furnishes evidence of five years' continuous residence in the United States and one year with- in the state in w-hich application is made immediately pre vious to the application, and furnishes affirmative evidence that he has meanwhile lived a proper life and is well disposed to good order, he may take out naturalization papers on con dition that he discards all titles of nobility if he has any, re nounces his allegiance to any foreign power, is able to write his own language and able to read, speak and understand the English language,, and takes an oath to support the con stitution of the L^nited States. A fee of fi\-e dollars and all subpoena fees of witnesses must be paid by applicant. The naturalization of an alien includes his wife and minor children. Children born abroad of American citizens do not lose citizenship, unless during their minority and residence abroad their parents absolve their allegiance to this country. If, however, the parents take tlie oath of allegiance to a foreign power, and the children during minority return to this country for residence, then said children remain citizens of the United States. In case a man dies betw-een the period of making liis declaration and taking the oath of allegiance Town Government 319 his widow may complete the process. An unnaturalized minor, having resided in this country at least three years prior to his majority, may, after attaining his majority, be come a citizen on making application for citizenship and taking the oath of allegiance, provided he has resided five years in the United States. A person who has served in the United States army and has received an honorable dis charge may become a citizen upon making oath to these facts and taking the oath of allegiance. The Chinese are excluded from the privilege of citizenship. The administration of the law-s governing naturalization is lodged with the Depart ment of Labor and Commerce. In several towns in the State there are incorporated villages to which certain rights and privileges are granted by charter ; the purpose being to create a corporation with power to provide for the maintenance and control of one or more of its public utilities, such as streets, lighting, and water supply, or to support and control its schools. The time of holding regular meetings and the officers to be elected are fixed by the charter. In Vermont there are six cities, each differing somewhat from every other in the form of its charter, but not much in the essentials. A city is a town or an incorporated village on a large scale. The chief executive officer is the mayor who, with the clerk, treasurer, auditors, assessors, city attor ney, and a few other officers, is elected directly by the people, unless the charter provides for their appointment. The mayor usually is the presiding officer of the city council. On account of the populousness of the cities, the territory is generally divided into districts, called wards. In the cities of Vermont the aldermen, who compose the city council, are elected respectively one from each ward. From each ward also a school commissioner and ward clerk are usually elected, and sometimes other officers. The board of alder- 320 Civil Government of Vermont men and the board of school commissioners have, according to the city charters, enlarged powers which take the place of certain privileges granted voters in towns. The mayor usually has power to appoint various city officers, such as street commissioner, police, health officers and the like, sub ject to confirmation by the council; but occasionally a city charter reserves to the council the right to fill these offices by election. The board of school commissioners usually elects a president and clerk of this board and the superin tendent of schools, and administers all affairs pertaining to the management of the schools. The duties of a city government pertain chiefly to raising and expending moneys for various city purposes, such as maintaining schools, care of streets and sewers, sustaining fire and police departments, supporting the poor, and pro viding for the health, comfort and safety of its citizens. While the business of the city government is chiefly of an executive character, still it has power to formulate and en force ordinances governing parks, public buildings, streets and the like. All appropriations of moneys, other than that provided for by general law, and all exemptions of property from taxation, except such as is exempt by law, must be passed upon by voters in regular town or city meetings, or in meetings called for special purposes in these respects. In cities, all such questions are submitted to the voters in printed form. Conventions and Caucuses 321 CHAPTER IV Conventions and Caucuses S GOVERNMENT is for the administration of laws and for the promotion of the interests of I — at Mt-fafej the people, state, and nation, it is necessary _XU|i therefore to have representatives, or agents, to *J^ administer its affairs and to secure its ends. In an absolute monarchy, the functions of the government are performed by the chief ruler ; in an oligarchy by a few men; in a patriarchal form by the eldest; but in a republican form of government, like that of the United States, the people rule, and the officers are simply their agents. The selection of officers in a republican form of government is accomplished more expeditiously and satisfactorily by political parties than by independent action; and although a political party is the machinery through which officers are usually selected, it is not, in consequence, the machinery for the administration of the government and has no govern mental powers. Attachment to and service in a political party is purely voluntary, and, consequently, any citizen has the privilege of allying himself at any time with whichever party he thinks will best serve his purposes and his ideas of government. Although the political party has no governmental power, still it has legal recognition in that its name and the names of its candidates may appear on the printed ballots used at the general elections. Affairs of a political party are man aged by a state committee composed of one member from each county; a county committee, usually composed of one from each town and city, manages the party affairs of the county; and a town or city committee, usually three in 322 Civil Government of Vermont tow MS and one from each ward in cities, manages the party affairs in towns and cities. A part>' proceeds in the selection of a nominee for governor in the following manner: The party's state committee calls a state convention ; each town and city committee calls a caucus ; delegates in proportion to the party vote of the town or cit\' at some previous election are elected to the state convention; a candidate for the governorship is selected at this convention. The party nominee having a majority of all the votes at the freemen's meetings throughout the state is elected governor; otherwise the election goes to the general assembly. A man aspiring to be governor, or allowing the use of his name therefor, is called a candidate; if nominated at the convention he becomes the nominee of his party; if elected, he is the governor-elect; after he has properly quali fied by taking the oath, he is the governor. In the same convention in which a candidate for the governorship is selected, candidates for lieutenant governor, secretary of state, state treasurer, auditor of accounts and at torney-general are selected, and their election is accomplished in the same manner as that of governor. But in case no one of the candidates receives a majority of all the votes cast in the state, then the choice of such a state officer is made by the general assembly. The same method used in the election of governor is employed also in the selection of candidates and election of congressmen and of county officers, limited respect ively, of course, to the congressional district and the county. To elect a tow-n or cit>- representative, caucuses of the different political parties are usualh- called, each party selects a candidate, unless a fusion is made, and the freemen choose, b\- a majorit)- \'ote, the representati\e at the freemen's meet ing. This election of representatives of the people to perform service for the people is the essential characteristic of a re- public.in form of government. In a democratic form of government all haxing right nf suffrage exercise this right and engage in the business of the meeting. The town govern- Conventions and Caucuses 323 ment is practically a democracy. In it the element of party rarely arises; although in city elections it sometimes appears. In the selection of justices of the peace at the freemen's meeting there is seldom any party element; but all other officers elected at the general election are generally elected on strict party lines. Although the duties of town repre sentative, county and state officers in no way pertain to the national questions upon which political parties are founded, still party fealty often unnecessarily and unwisely enters into the election of these officers, and the election is an in direct way of expressing' loyalty to the party principles per taining to the general government. The election of a president is somewhat complicated. First a presidential candidate has to be selected. This is done by national, state, and district committees respectively calling conventions, and town and city committees calling town and city caucuses. In the town and city caucuses delegates are elected to the district and state conventions; then each dis trict convention elects two delegates and the state convention elects four delegates, with their alternates, to the national convention at which a presidential nominee is selected. The selection of four candidates for presidential electors in the Republican party is made at the same state convention in which a selection of candidates for the state offices is made, and the names of the four are presented to the freemen of the several towns at the presidential election on the first Tuesday after the first Monday in November. In the Democratic party the nominations for presidential electors are made at the same convention in which delegates are elected to the national convention. Similar rules govern the procedure of other political parties within the state. The four presidential-elector candidates having the highest number of votes in the presidential election are elected and can vote for president and vice-president. If a presidential candidate receives a majority of the votes of the presidential electors of all the states, he is elected ; otherwise the election goes to the congressional House of Representatives. 324 Civil Government of Vermont CHAPTER V General Elections Freemen's Meeting N THE FIRST Tuesday in September of every even year there is a general election, called freemen's meeting, held throughout Vermont. Those allowed to vote at this election must be male citizens, twenty-one years of age, resident of the state during the full year ne.xt preceding the election, of quiet and peaceable behavior, having taken the freeman's oath, and with names on the check list. To vote for county officers at the general election, residence in the county is necessary in addition to the fore going qualifications; to vote for town or city officers a residence in the town or city for the three months ne.xt preceding the election is necessary. Also a citizen of the state may vote for state officers and presidential elec tors in any other town First State House at Montpelier, 1808 or city than that in which he is a permanent resident, pro vided he files with the clerk of the town or city in w-hich he desires to vote a certificate from the clerk of the town or city of his legal residence to the effect that his name is on the check list of the town or city in which he resides. Under General Elections 325 the same conditions within a congressional district one can vote for a member of congress. The meeting for the general election is warned in towns by the constable, who posts a warning in three public places at least twelve days before the election and has the same recorded in the town clerk's office before posting. The constable presides, the town clerk makes the records, the voting is by ballot and under the Australian system. By this system each voter presents himself to a ballot clerk; re ceives a ballot with the printed names of the various can- Second State House at Montpelier, 1838 didates and opposite each name a blank space; passes into a small booth; marks his ballot according to instructions thereon; folds it, and deposits the same in the ballot box, or, in some states, in a voting machine designed for this pur pose. Justice and representative tickets are printed on separate sheets and of different colors and are deposited in separate boxes of corresponding colors. Defective and re jected ballots are canceled and returned to the city or town clerk for preservation. Sections of the laws governing elections, cards of instruc tion, and sample ballots are posted five days before election 326 Civil Government of Vermont in every post office of the town or city and in each polling place. In cities, the warnings are issued by the mayors, pub lished and posted by the city clerks, and the voting is by wards and under the system described. The officers voted for are state, congressional district, count}', probate district, and town or city. The state officers are governor, lieutenant governor, state treasurer, secretary of state, auditor of accounts, and attorney general ; the con gressional district officer is the representative to congress; the county officers are state senators, assistant judges, sheriff, high bailiff, and state's attorney; the probate district officer is the judge of probate; and the town and' city officers are a representative to the general assembly, and justices of the peace who are commissioned by the governor and to whom is granted county jurisdiction. Each of the six southern most counties is divided into two probate districts ; the other probate districts of the state are identical in territory with their respective counties. In the administration of county affairs, the sheriff appoints his deputies, and the judges of the county court appoint the county clerk, county treasurer, county auditor, notaries public, jail commissioners, probation officer, and county road commissioners, the latter for cases of disagreement in or between towns. Duties of State Offici.als The state officers and the state boards, as a rule, are required by law to make a report of their doings, biennially, to the governor or general assembly. Copies of these re ports are distributed according to the acts of the general assembly. The State Treasurer receives and cares for the funds of the state, pays out the same on proper orders, keeps an General Elections 327 account of moneys received and paid out, issues warrants for the collection of state taxes, and performs any other duties required by law. The Secretary of State records all laws and resolutions passed by the general assembly, also all special charters of incorporation and documents as ordered by the general assem bly, and acts as secretary of the joint assembly of the house and senate. The Auditor of Accounts examines and adjusts all claims against the state, allows such sums as he finds justly due, and draws orders on the state treasurer therefor. The Attorney-General is the chief legal officer of the state and it is his duty to furnish opinions to all state officers when required. He is to attend the sessions of the general assembly, assist committees in the preparation of bills, and to furnish opinions upon questions submitted to him by the general assembly. He has the general supervision of criminal prosecutions throughout the state and is by law bound to take charge of the preparation and trial of all homicide cases, and may appear in all other cases in which the state is in terested or is a party, when, in his judgment, the interests of the state require. Insurance Commissioners. — ^The Secretary of State and State Treasurer are ex-officio insurance commissioners. They have general supervision of all insurance companies doing business in the state, and may license foreign companies to do business here. Duties of County Officials The Assistant Judges, together with a superior judge, constitute the county court. They have general oversight of the county buildings; may order, annually, if necessary, a county tax not exceeding two per cent of the grand list of 328 Civil Government of Vermont the county; appoint license commissioners for such towns and cities as vote to license the sale of spirituous liquors ; approve of bills against the county; and perform other duties required by law. The Sheriff is required to preserve the peace, serve writs, arrest persons charged with crimes or misdemeanors and draw and summon jurymen, and has the custody of county buildings, under the direction of the assistant judges. The High Bailiff is a vice or substitute sherifiL He may serve writs that the sheriff cannot law'fully serve ; having the proper authority, he may imprison the sheriff and act as sheriff during the sheriff's imprisonment. The State's Attorney is required to prosecute, in behalf ot the state, for all offenses and causes proper to come before the supreme court or the county court in his count}', to pre pare bills of indictment, to take measures to collect such fines, costs and the like as are due to the state or county. The Judge of Probate hold court within and for his district for the probate of w-ills, and to appoint guardians for minors and others incapacitated to care for their property, and to settle the estates of wards and deceased persons. A Justice of the Peace, the number of whom for each town is governed by an amendment to the state constitution, may administer oaths, issue w-arrants, hold justice courts and per form other duties required by law. The County Clerk is required to make the necessary records of the proceedings of the supreme and county court and court of chancery for the county and to perform such other duties as the law- directs. The County Treasurer receives and cares for the funds of the county and pays the indebtedness of the county upon the orders of the county clerk. The County Auditor is required to audit and settle the accounts of the county treasurer and report to the county judges. General Elections 329 The Probation Officer has the custody of persons adjudged guilty of minor offenses and to whom is granted practical freedom in lieu of commitment to a penal institution. The County Examiner of Teachers examines and licenses teachers, and assists in preparing for and holding teachers' institutes and summer schools. Presidential Election The qualifications for voting in presidential elections are the same as those for the general state election and the same system is used. Presidential elections are held on the first Tuesday after the first Monday of November of every year exactly divisible by four, and the officers elected are four presidential electors. The present State House, Montpelier, showing library extension 330 Civil Goverxmext of Vermoxt CHAPTER VI JL I m a W r The Three Fuxctioxs of Goverxmext N ALL GOVERNAIENTS there are three functions, or departments, — legislative, or law making; judicial, or law interpreting; and executive, or law enforcing. In school, these powers are usually centered in one person ; in the home, they are held conjointly by the parents ; in the State, they are quite distinct. The same functions are exercised by every self-governing individual ; his reasoning faculties discuss ,vhat is best; his judgment de termines ; and his will executes. In the state, the governor i? L"he chief executive ; the general assembly is the law-makine power ; and the supreme court the law-deciding pow-er. The governor, as chief e.xecutive looks after the general interest! of the state, sees to it that they are conserved In the best man ner, appoints and commissions public officers, is commander-in- Joseph m. chief of the state military forces, and may grant pardons except for impeachment, murder and treason. But he also has a legislative function. In order that a bill may become a law- it is submitted to him for approval. The lieutenant-governor presides over sh. First Lieutenuni-Gu\iTnor of Vermont Functions of Government 331 the senate and the meetings of the joint assembly of house and senate, and, in case of absence or disability of the governor, he succeeds to the office. The legislative department, or general assembly, meets on the first Wednesday in October of every even j'ear and con sists of a house composed of representatives, — one from each organized town and city electing a representative, — and a senate of thirty members, elected by the freemen of their respective counties. The number of senators to which each county is entitled is according to population, and the present apportionment gives Rutland county four senators; Chitten den, Washington and Windsor counties, three each; Essex, Grand Isle and Lamoille counties, one each; the remaining counties, two each. The lieutenant-governor is president of the senate and, in his absence, a president pro tempore, elected for the term from among and by the senators, pre sides. The senate assembles at ten o'clock in the forenoon on the first Wednesday in October of every even year and is called to order by the president of the senate, the retiring lieuten ant-governor. The names of the senators who have presented their credentials or certificates of election, furnished them by the clerks of their respective counties, are called, and if there is a quorum present they individually subscribe to the oath of allegiance and the oath prescribed for the general assembly. After this a secretary is elected. On the following day and after the governor has been inducted into office, the lieutenant-governor-elect is conducted into the senate chamber, takes the oath of office, assumes the chair, and the senate is ready for business. The senate was created in 1836, and is an essential part of the legislature. In addition to its regular legislative function it is empowered to propose amendments to the con stitution, to try cases of impeachment, and to confirm cer- 332 Civil Government of Vermont tain appointments made by the governor. In order to be eligible to the senate one must be a male citizen, thirty or more years of age, and a resident of the county which he is to represent. Senators receive for their services three dollars per day, and ten cents per mile each way for traveling ex penses while in attendance upon the session of the legislature. The pay of the president of the senate is six dollars per day during the session of the legislature and the same mileagr as senators. At the same hour when the senate first assembles, the house is called to order by the secretary of state, who then proceeds to call the roll of the members who have presented their credentials to him. If there is a quorum, he proceeds to the election of speaker and presides at the election. After the election of speaker and as soon as he takes the chair, the duties of the secretary of state cease as a presiding officer. As soon as the speaker assumes the chair, the house elects its clerk. The clerk administers the oath to the members in a body and the house is practically organized for w'ork. On the following day the house and senate meet in the hall of the house in joint assembly, before which the governor-elect is brought and to whom the oath is administered, invariably by a judge of the supreme court, after signing w-hich he is quali fied to act as chief magistrate. In addition to electing its speaker and clerk and performing its regular legislative duties the house is empowered to order all impeachments and to originate all bills of revenue. Eligibility to the house consists in citizenship of the state, residence in the state two years, residence in town or city at least one year next preceding election, and having attained the age of twenty-one years. Compensation for ser\ices is the same as that of senators and the speaker receix'es the same as the president of the senate. Functions of Government 333 A bill, which is a draft of a proposed law, may be intro duced by any member of the house or senate by presenting the same to the joint committee on revision of bills. This committee, within three days, deposits the bill with the clerk of the house or secretary of the senate, as the case may be, and he in turn presents it to the presiding officer for his examination and presentment. If a bill is introduced in the house, it is read twice by the clerk, by title only, unless reading the text in full is demanded by a member, and is re ferred by the speaker to a committee. In each branch various committees have previously been appointed, to whom all bills are referred. After consideration of the bill by the committee, it is returned to the house with a report, signed by some member of the committee for the committee, recommending the passage or dismissal of the bill. Even if the committee reports adversely, a vote on the third reading of the bill is nevertheless taken, as the committee's report is purely ad visory. In case the bill is of a private nature, the vote on the third reading is ordered immediately, but if of a public nature it is deferred for twenty-four hours. In case the third reading is refused, the bill is thereby killed. After the bill has been read the third time, the house votes upon its passage. In case it is passed by the house, it is presented to the senate by the clerk, or one of his assistants, and the method of pro cedure is the same in the senate as in the house. If the bill passes the senate, it is returned to the house by the secretary, or his assistant, and, having been signed by the speaker of the house and the president of the senate, it is presented to the governor for his signature, upon which it becomes a law. If within the time in which the legislature is in session the governor neglects for five days, Sunday excepted, to approve or disapprove a bill presented to him, it nevertheless becomes a law; otherwise it does not become a law through his neg- (22) 334 Civil Government of Vermont lect. If the governor vetoes it, it is returned to the legis lative branch in which it originated, with the governor's veto and reasons therefor; but after reconsideration by each house it may become a law upon a majority vote of each. On the second Tuesday after the meeting and organization of a legislature whose duty it is to elect, the election of a United States senator occurs in the following manner and as prescribed by the statutes of the United States: "Each house shall openly, by a viva voce vote of each member pre sent, name one person for senator in Congress from such state, and the name of the person so voted for, who receives a majority of the whole number of votes cast in each house, shall be entered on the journal of that house by the clerk or secretary thereof; or if either house fails to give such majority to any person on that day, the fact shall be entered on the journal. At tw-elve o'clock meridian of the day fol lowing that on which proceedings are required to take place as aforesaid, the members of the two houses shall convene in joint assembly, and the journal of each house shall then be read, and if the same person has received a majority of all the votes in each house, he shall be declared duly elected senator. But If the same person has not received a majority of the votes in each house, or if either house has failed tc take proceedings as required by this section, the joint assembly shall then proceed to choose, by a viva voce vote of each member present, a person for senator, and the person whc receives a majority of all the votes of the joint assembly, a majority of all the members elected to both houses being present and voting, shall be declared duly elected. If no person receives such majority on the first day, the joint assembly shall meet at twelve o'clock meridian of each sue ceeding day during the session of the legislature, and shall take at least one vote until a senator is elected." Functions of Government 335 The term of a United States senator is six years; both United States senators are not elected at the same session of the legislature; therefore a senator is not elected at every session. Whenever a vacancy occurs by death or resignation, the governor appoints until the next session of the legislature, when an election for the unexpired term is held in the manner stated. In addition to the election of a United States senator at time specified, the legislature, in joint assembly, on the after noon of the third Thursday after the legislature meets and organizes, elects certain other state officials, who are in cluded in the following list: State Officers Elected By General Assembly I. United States Senators. 2. Judges of the Supreme Court. 3. Superior Judges. 4. Superintendent of Education. 5. Sergeant-at-Arms. 6. Trustees of the University of Vermont. 7. Adjutant and Inspector-General. 8. Judge Advocate General. 9. Judges of the Court of Claims. The Superintendent of Education is required to hold teachers' institutes, visit all parts of the state and delivei lectures upon educational subjects, confer and advise with school officers and teachers, prepare and distribute school registers and blanks for the collection of statistics, report to the General Assembly, and may temporarily perform the duties of an examiner of teachers in case of examiner's in ability or neglect. The Sergeant-at-Arms has the care of the state house and grounds, executes the orders of either house of the legis- 336 Civil Government of Vermont lature, and maintains order among spectators in attendance. The Adjutant and Inspector General assists the com mander-in-chief of the militia in correspondence, the issuing of orders, commissions, discharges, and in keeping the neces sary records, and makes an annual inspection of state troops. As Quartermaster General, he takes care of the military stores of the state, designates the kinds needed, and disposes of any unsuitable for use under the direction of the com mander-in-chief. The Judge Advocate General prepares charges and man ages the prosecution when staff officers of the commander-in- chief are brought to court martial. Officers Appointed by the Governor axd Confirmed BY THE Senate I. A State Highway Commissioner. 2. Three Supervisors of the Insane. 3. Three Trustees of Vermont State Hospital for Insane. 4. Three Railroad Commissioners. 5. A Commissioner of State Taxes. 6. A State Geologist. 7. A State Board of Health, consisting of three mem bers. 8. A State Board of Agriculture, consisting of three members. 9. A Bank Examiner. 10. A Fish and Game Commissioner. The State Highway Commissioner directs in the building of permanent roads, holds meetings of instruction, and deter mines the amount each town Is entitled to draw from the state treasury by virtue of new roads constructed. With the Functions of Government 337 advice and consent of the governor he appoints county super visors, who select roads for improvements, inspect the con struction of roads and advise in the expenditure of the State aid. Supervisors of the Insane, as the name indicates, have powers under the law for the supervision of the inmates In all the asylums for treatment of the insane, public or private. Trustees of the State Asylum have the power of control and management of the state asylum for the insane at Waterbury. The Board of Railroad Commissioners has the general supervision of all railroads in the state. The Commissioner of State Taxes prepares and distri butes blanks requiring a statement of all facts necessary to determine the amount of each tax to be paid by each cor poration, company or person taxable under the law for tax ing corporations; he revokes the licenses of agents of foreign companies making false returns and reassesses them or their companies; and he collects taxes from companies or corpora tions assessed and refusing to pay. The State Geologist keeps a record of all facts relative to the geology of the state and transmits a copy of the same, upon request, to the governor for the use of the state. The State Board of Health is required to make and en force regulations for the protection of the public health. The Board of Agriculture is required to hold at least one meeting in each county annually for the promotion of the agricultural interests of the county. One member of this board is designated by the governor as Forest Commissioner. The Bank Examiner examines the state treasurer's accounts and the books and papers of the auditor of accounts, and reports to the legislature; also he reports the condition of the savings banks and trust companies of the state. 338 Civil Government of Vermont The Fish and Game Commissioner has the care and man agement of the state fish hatcheries and the propagation of fish and game in the state, and has power to enforce the fish and game laws. The terms of office of the members of some boards do not expire at the same time and the boards therefore are con tinuous bodies, the vacancies being filled by appointment annually or biennially according to the law creating the respective boards. Officers Appointed by the Governor The governor appoints the secretary of civil and military affairs; his staff consisting of a surgeon-general, an inspector of rifle practice and four aides-de-camp; municipal judges; board of penal institutions, three; a commissioner of public printing; state board of dental examiners, five; state board of pharmacy, five; state board of library commissioners, five; state board of medical registration, seven; state board of osteopathic examination and registration, three; three mem bers of state board of normal school commissioners and one resident member to each normal school; a cattle commis sioner; five tuberculosis commissioners, three of whom shall be physicians; a state fair commission, consisting of one member from each county and one from the State at large, and of which the governor and the secretary of the board of agriculture are members ex officio; and some other officials of a more special or temporary nature. The Board of Penal Institutions directs the affairs of and has charge of the State prison, the house of correction and the Industrial school, and may designate one of its members as purchasing agent. The Commissioner of Public Printing is empowered to make contracts for the printing of all journals, bills, bulk- Functions of Government 339 tins, directories, documents, reports, books and the like, the expense of which is met by the State ; and is also purchas ing agent for all official supplies. The Board of Dental Examiners may grant licenses to practice dentistry to such persons as are found to be quali fied. The Board of Pharmacy may grant licenses to practice pharmacy to persons who are found to be qualified. The State Board of Library Commissioners encourages the establishment of public libraries in towns, suggests in the selection of books, has charge of the traveling libraries, and sees that the provisions of the public library law are carried into effect. The State Board of Medical Registration has power to issue to applicants, on examination, licenses to practice medi cine and surgery in the state. The State Board of Osteopathic Examination and Regis tration has the power implied in its title. The Normal School Commissioners, together with the Superintendent of Education, have control of the Normal schools. The Cattle Commissioner examines herds and takes meas ures to prevent the introduction and dispersion of disease among the cattle of the state. The Board of Tuberculosis Commissioners endeavors to inform people concerning tuberculosis, to give instructions concerning its treatment, to suppress it as far as possible, and to give care and assistance to those afflicted with the disease. Conjointly with the Superintendent of Education the Governor appoints the County Examiners. 340 Civil Government of Vermont Courts of Vermont I. The Supreme Court. 2. The County Courts. 3. The Courts of Chancery. 4. The Probate Courts. 5. The Court of Claims. 6. The Justice Courts. 7. The Municipal Courts. The Supreme Court is composed of one chief judge and three associate judges. In case of a tie on the part of the judges, the judgment of the lower court stands affirmed; and in case a judge of the supreme court is disqualified to sit on a case or is unable to attend court, the chief of the superior judges, on request of the chief judge of the supreme court, may designate some superior judge to act as a judge of the supreme court. The Supreme Court is the highest court in the state, and is a court' of law and equity. It has jurisdiction of such questions, not triable by jury, as are by law brought before it, and it may try and determine questions of law removed from the county and chancery courts and court of claims in pursuance of law. Three general terms of the supreme court are held at Montpelier in January, ^Li\' and October; special terms are held at St. Johnsbury in February and at Rutland and Brattleboro in November, and additional special terms may be held at the discretion of the court. The County Courts have original jurisdiction in all civil and criminal cases within their respective counties, except such as are by law made cognizable by a justice, and may render judgment thereon or award sentence according to law, and may have appellate jurisdiction of causes, civil and criminal, appealable to such court. There is no superior court, but there are six superior judges elected b\' the legislature, the first elected being Functions of Government 341 designated as chief judge. A superior judge and the two assistants elected by the voters of the county constitute the county court, two sessions of which are held annually in each county. The dates for holding court in the various counties is fixed by law, but the designation of the presid ing judge for each session is left to the judges themselves, although the law prescribes rotation as far as practicable. The Court of Chancery is a court of equity. The powers and duties of the court of chancery are the same as those of the court of chancery of England, except as modified by the constitution and laws of the state, and it may grant injunc tions against unjust acts, compel the fulfilment of obliga tions, and foreclose mortgages. Each superior judge is a chancellor, and consequently may hold a court of chancery. Terms of the court of chancery begin on the days appointed for holding county court and special terms may be held when business requires it. The Probate Court has jurisdiction of the probate of wills, of the settlement of estates, of the appointment of guardians, and of the powers, duties and rights of guardians and wards. The Court of Claims consists of a chief judge and two associate judges elected by the general assembly. It examines and passes upon accounts against the state for the payment of which there is no direct provision in the law, and upon claims referred to it by the general assembly and by the auditor of accounts. The Justice Courts have jurisdiction, with some exceptions, of civil causes when the matter in demand does not exceed two hundred dollars, and in criminal causes when the pun ishment is by a fine not exceeding ten dollars. The Municipal Courts are practically city courts. For Vergennes the court consists of the mayor and two aldermen, 342 Civil Government of Vermont who are elected b\- the people. For each of the other cities the court consists of one judge appointed by the governor of the state. Jurors are called to act with the county courts and with justice courts. A grand jury is called once a year, and may be called oftener if necessary, to meet at the same time and place with the county court. It examines the charges against persons accused of crime, and inquires if the towns of the county have observed the law in certain particulars. It determines whether the parties inquired about shall be brought to trial. In Vermont a grand jury consists of eighteen men; and twelve, or two-thirds of them, must con cur in an indictment, or formal charge, in order that the party, person, or town may be brought to trial. Petit Jurors are called twice a >-ear, or with every term of the county court. They act in criminal and civil causes. The petit jury, usually called the jury, determines w-hat the facts in the case are. Their decision is called a verdict. The petit jury consists of twelve men, and these must all agree in order to render a verdict. A jury may be called with a justice court, if either part)' desires, and it consists of six men. Persons for grand and petit jurymen are chosen by the towns in the March meetings. The names of the persons chosen are recorded by the town clerk and are sent by him to the county clerk, who is required to deposit them on separate slips of paper, in separate boxes, having a box for each town. At the proper time the assistant judges of the county determine the number of jurymen to be drawn from the several towns of the county and notify the county clerk of their decision. The county clerk notifies the sheriff that he is required to draw names for jurymen. The sheriff goes to the office of the count>- clerk and draws the names as re quired ; then he notifies the persons whose names have been Functions of Government 343 drawn that they are required to attend the court at the time and place appointed. About thirty petit jurymen are called in each county for each term of the county court. Twelve, who have been selected and sworn for a case, are called a panel. When a jury is required in a justice court, the officer of the court, usually a constable, is directed by the justice to write the names of eighteen men on slips of paper and de- I>osit them in a box. Then the box, 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, and the eighteen names have all been drawn, then three times as many names as there are vacancies to be filled are placed in the box, and the drawing is done as before. 344 Civil Government of Vermont CHAPTER VII Obligations of Citizexship HE RIGHTS and privileges of citizenship and suffrage carry with themselves certain duties and responsibilities concerning which all who enjoy these rights or privileges should be in formed. I. It is the duty of all to be thoroughly informed concerning all matters of a public nature that may affect not only the individual but society in general, in order that each, either by vote or influence, may co-operate intelli gently in securing justice or promoting the general good. These matters include not only local affairs, such as schools, roads, public buildings, parks and taxation, but also state and national affairs. 2. Generally, on all matters of civic nature concerning which the citizen should be informed, the town or city voter has the privilege of \otIng, and it is his dut\- to vote in order that he may enhance the public w-eal. In accordance with the principles upon which society Is based and by w-hich it Is governed, each individual is responsible, in a greater or less degree, directly or indirectly, for the conduct and w-el- fare of others. The voter, by whose act In voting the welfare of societ\ in general is especialh affected, has a greater responsibility in this respect. Consequently he needs to be thoroughly informed, and should be governed in his suffrage h\- right moti\cs and the principle previously enun ciated : namely, — "The greatest good to the greatest num- Obligation of Citizenship 345 ber." Generally where there is greater difference between men than between measures they represent, it is better to support the better man and weaker measure than otherwise. A man of right principles and purposes can generally be trusted further and accomplish more even with a weak measure than a man of questionable character and purposes as a representative of a good measure. 3. It is the duty of each to support morally and finan cially the government under which he lives, on account of what the government does for him in the way of protection, justice, culture, and happiness. Since a government includes people, land, and laws, each citizen of Vermont virtually lives under four governments, all concentric about him, but vary ing in extent of area and closeness of contact: namely, the national or federal, the state, the county, the town or city; and those living in incorporated villages live under a fifth government. Not one of these different governments can succeed unless the citizens thereof are in hearty accord with its policy and are willing to encourage its efforts. Financial support is necessary in order that the govern ment may be maintained and may perform its functions, and so taxes are levied. The general government does not assess a direct tax, but depends largely upon import duties and so- called internal revenues, or taxes on certain manufactures. For the support of state, county, and town or city, direct taxes are assessed ; nevertheless towns are aided proportion ately in the support of schools and permanent roads by special taxes collected and distributed by the state. The revenue for the support of schools is derived chiefly from local taxation. In addition thereto is the revenue derived from the state school tax, from the perma nent school fund, from the appropriation for transporta tion, from the rebate on rhoney expended for professional 346 Civil Government of Vermont supervision, from the rebate for tuitions paid for advanced Instruction, from tuition on non-resident pupils, from school lands and from bequests. No one tow:n has revenue from all these sources. A town maintaining a high school does not pay tuition for advanced instruction, hence receives no rebate from the state. A tax is laid on the taxable polls and property of an incorporated village, an incorporated school district, a city, town, county or state according to respective needs. In incorporated villages and in towns the tax is determined and laid by the voters. In cities the tax is laid by the board of aldermen or city council, according to charter. If the county tax is less than two per cent, the assistant judges lay It; if more than two per cent, the general assembly lays it. It Is collected as other taxes, paid to the county treasurer on order of the selectmen of towns and mayors of cities. The state la^'s a tax also upon polls and property w-ithin the state for the support of itself; and also lays a tax, through the state commissioner, on the ap praised valuation of railroad, steamboat, and car companies; on the gross earnings of sleeping car, parlor car, express, telegraph, and telephone companies, — the two latter have the option of paying per mile of poles and wire ; on the gross amounts of premiums and assessments of insurance, surety, and guaranty- companies; on the deposits and accumulations of savings banks, savings institutions, and trust companies, with certain deductions; on amounts received by building and investment companies; on collateral inheritances and deeds of gift; and a license tax is collected annually of all corporations except those organized for charitable or re ligious purposes. This is paid by the corporations to the state treasurer. 4. It is the highest duty of all to obey the laws. A law is the expressed will of the majority of the people through Obligation of Citizenship 347 their representatives, and in all governmental affairs the wishes and will of the majority should be obeyed. This does not preclude agitation for a change or repealment of an unjust or offensive law by modifying the wishes and will of the majority, but such a privilege does not extend to violation of the laws. Not only ought every citizen to obey the laws, but he ought to encourage all others to do likewise ; not only should he repress every tendency to evil-doing, by persuasion or advice, but he should see that for intentional violations the proper penalties are meted out and the de mands of the law fully met. Whatever is subversive of public morals or dangerous to public peace should be frus trated, and whoever connives at or knowingly keeps silent concerning any breach of law or morals is guilty morally if not legally. A good citizen is constructive rather than destructive; he acts on principle rather than policy; he encourages every commendable enterprise and institution ; he sees the greater good and works for it; he lives as he ought to live and aids others in living in like manner; he is upright in character, true to his convictions, allegiant to duty, honorable in all of his relations, and devoted to the welfare of others as well as to his own. 348 Ci\'iL Goverxmext CHAPTER VIII Forms of Government OT only should one be informed concerning town or cit\', county and state governments, but he should also know the relations he sus tains to the federal government, the principles upon which that government is based, and the fundamental law- incorporating w-ithin itself these principles. The peculiar features of our own national government probably can be better understood by a defining process. A Theocracy is a government under the control of Deity. A Patriarchy is a government under the control of the eldest. A Monarchy is a government under the control of one person. An Oligarchy is a government under the control of a few persons. An Aristocracy is a government under the control of the so-called best persons. A Democracy is a government under the control of the people. A Republic is a government under the control of the representatives of the people. A monarchical form of government may be absolute, or it may be limited. In the first case, the ruler Is supreme; In the other, he is restrained by certain constitutional or pre cedential limitations. A monarchy may be hereditary, in which the sovereign inherits the throne; or it mav be Forms of Government 349 elective, by which form he attains sovereignty by suffrage of electors. For an ignorant and undisciplined people, prob ably a monarchy is the best form of government; but for an intelligent, self-directing people, a republican form is best. In a democratic form of government, the principle of sovereignty is vested in the people and they rule through their properly constituted agents ; in a republican form of government, such as that of the United States, the people take the initiative by electing representatives, and these representatives perform the duties of law-making and law- executing for the people. A referendum system by which the law or policy is referred to the people for endorsement or rejection before it goes into operation is democratic in its nature. The theory of government in the United States might be styled a Representative Democracy, for the reason that in elementary and preliminary matters the qualified voters participate, while In the higher administration of affairs representatives or agents perform the duties that would necessarily fall to the people in a pure democracy. Abraham Lincoln most fittingly described the government of the United States as a government "of the people, by the people, for the people." Elements in Formation of the United States Government The first permanent settlements in America were as follows : Virginia 1607 Rhode Island 1636 New York . 1614 Delaware 1638 Massachusetts 1620 Pennsylvania 1643 New Jersey 1620 North Carolina 1663 New Hampshire 1623 South Carolina 1670 Maryland . 1634 Georgia 1733 Connecticut ¦ 1635 (23) 350 Civil Govern.ment of the United States The early colonists brought with them governmental ideas and institutions, somewhat diverse and considerably colored by the country from which they emigrated. There were the cultured Huguenots of the South, the chivalrous cavaliers of Virginia and Maryland, the practical Dutch of the Middle Atlantic territory, and the conscientious Puritans of New England. But the dominant element was the old Anglo-Saxon idea of civil and religious liberty. It was found in all classes, but was most conspicuous in the Puritan. This is the basic idea of Great Britain and the United States; it is the idea that has emancipated the people, brought national prosperity, and made each country great. There are no marked differences in the two governments, although one is a monarchy and the other a republic. In one, parliament is practically the sovereign body; in the other, the chief executive is the supreme power. Both de rive their governmental Ideas from the same principles; however, in one certain features may be more marked than in the other. In old England was organized the town, manor, parish and borough, each considerably restricted in its power: but in New- England the town reached its high est development as governmental unit; in old England the public school is merely an element in the development of the people in the United States, It is the most potent factor and is the most prominent institution of our countrv. Evolution of the Constitution 351 CHAPTER IX Evolution of the Constitution OME of the roots of our government reach back to early patriarchal ideas, some to ancient Greece and Rome, others to certain events of English history. Among the latter are the civic rights and privileges specified in the Magna Charta which King John was com pelled to sign at Runnymede in 121 5, and by which the principles of taxation, trial by jury, speedy trial, and com pensation for private property taken for public purposes, were established; the right to refuse the quartering of troops in private houses, demanded of Charles I in 1628 by the House of Commons; the Habeas Corpus Act of 1679; and the Bill of Rights established by Parliament in 1689, at the time of the overthrow of the Stuart kings. The Supreme Court prob ably can be traced to the privy council of Great Britain, the bicameral system of legislation is borrowed from parlia ment, the name senator goes back to old Rome; and other features were drawn from various sources. The manner of electing a president, the power conferred upon him, the framing of constitution and its ratification, were appar ently original. While these roots of government were found mostly in English soil, nevertheless, Holland, Spain and France con tributed ideas and features to the development of our gov ernment. We find three distinct forms of Colonial govern ment, modified, of course, by the particular governmental ideas of the granting power and by the purposes for which 352 Civil Gover.xment of the United States the charters were given, — -(i) the Charter Colonies of New England; (2) the Proprietary Colonies of Pennsylvania and Maryland; (3) the Royal Provinces, the governors of which held appointment from the King. The colonies were the parents of the states, and transmitted many of their characteristics to their political children. As a result, it is ."-oticeable in New England that the town is the prominent unit; in the South it is the county; and in the West it is the combination of the two. Continental Congress July 4, 1776 — March 2, 1 781 As the population in the colonies increased, facilities for communication improved, and a coalition of the people be gan to form. In 1643 an intercolonial compact was made between the colonies of Plymouth, New Haven, Connecticut and Massachusetts, known as the New England Con federacy; In 1754 the Albany congress, participated in by seven of the thirteen colonies, accepted a plan for common protection of which Benjamin Franklin was the drafter, but accomplished nothing more than a larger acquaintance with their common needs; in 1765 in the Stamp Act Con gress a declaration of rights and a vigorous protest against unjust taxation were made; later a Committee of Corres pondence assisted in keeping the colonies informed concern ing the progress of affairs; and the First Continental Con gress assembled at Philadelphia in September 1774, under call issued by Massachusetts In June of the same year, formed a tentative union and drew up another declaration of rights. The following May, the Second Continental Con gress assembled and drew- up a petition to the King, which was ignored, and the colonists were declared rebels; affairs h-gan to move rapidly, and finally, July 4, 1776, independ- Evolution of the Constitution 353 ence from Great Britain was asserted and the colonies declared themselves states. This action was hastened by the exactions and oppressions of Great Britain and her indifEerence or obstinacy concerning the rights and privileges of her American subjects. The Declaration of Independence was made, the issue was definite, and there was no alterna tive but to maintain it. On the day the committee was appointed to draft the Declaration of Independence in 1776, another one was ap pointed to draft a form of union of states. The articles of Confederation, however, were not determined upon until a year later and were not ratified by all the states until 1781. Meanwhile, the Continental Congress directed affairs and provided for immediate needs, and the people became more determined in their desire for separation and their purpose of forming a confederation. Articles of Confederation March 2, 1781 — March 4, 1789 Maryland agreed to the Articles of Confederation March I, 1 78 1, and they went into effect on the following day. These articles were formulated in time of war and the exigencies of the war made them operative. But as soon as these exigencies relaxed and the administration of affairs depended upon the system of government formed, then de fects became apparent. There was no head save Congress; and this body had no means' of enforcing its laws or provid ing revenue except by petition or request to the various states. Instead of being supreme it was subservient. It had no treaty-making, commerce-regulating, tax-levying, or inter-state powers. It was legislative but not executive, and hence the whole scheme was weak. Furthermore there was no judicial system for the adjustment of difficulties between 354 Civil Government of the United States states, or as a court of last appeal, and the Articles had no sooner gone into effect than their weaknesses appeared. The states were practically independent and sovereign. The in congruous conditions were naturally productive of jealousies and animosities, and the people began to contemplate measures for a closer union. Attempts at amendment of the Articles failed. The legislature of Virginia, in January 1786, proposed a convention of the states. In September, representatives from New York, New Jersey, Pennsylvania, Delaware and Virginia, met at Annapolis, but nothing of importance was done save the urgent call for a general con vention In Philadelphia, May 14, 1787. In February, Con gress made provision by resolution for the Convention, and all the states except Rhode Island sent delegates. Fifty-five delegates met, the convention was organized May 25, the present Constitution of the United States w-as constructed, and the work was completed by the attachment of the signa tures of the delegates on September 17. This probably was the greatest piece of legislative con struction ever performed, and the grandest governmental instrument ever forged. Gladstone said it Is "the most w-on- derful w-ork ever struck off at a given time by the brain and purpose of man." But the mighty document was not framed without keen contentions, heroic effort, magnanimous con cessions, and statesmanlike purposes. There were various questions on which compromises were made. Of course the first was w-hether there should be a national government or confederated governments. As soon as the national govern ment proposition was accepted, there arose the question of representation, whether equally by states or by population. This was settled, at the suggestion of a Connecticut delegate, by the creation of the Senate with equal representation from the States, and the House with representation according to popul.ition. Evolution of the Constitution 355 After the settlement of representation, a question arose over the status of slaves and the inclusion of them in popula tion. This question was settled on a compromise by which three-fifths of the slaves of each state should be included in the population. Out of the slave problem arose a question concerning control of commerce, whether by the federal government or by each state. A compromise was effected by which congress should have control, but should not pass any act restricting the importation of slaves prior to 1808. After the constitution had been constructed and signed, it was submitted to Congress on September 20, 1787, and by Congress it was submitted to the various states for ratifi cation in accordance with its last article. The ratification of nine states was necessary before it could go into effect. This was accomplished in July, 1788, when New Hampshire gave her endorsement. North Carolina and Rhode Island did not ratify until a year after the new government had come into existence. The machinery had been constructed ; it was now neces sary to put it into operation. And so the first Wednesday in January, 1789, was assigned as the day for the election of presidential electors; the first Wednesday in February for their meeting; and the first Wednesday in March for the new government to begin under the new constitution. A quorum of electors was not present until April 6. George Washington was elected president and took the oath of office on April 30; the machinery started, and has been in successful operation ever since. And so passed out the brief regime of sovereign and inde pendent states. It was a transition from the articles of a union to a constitution ; from a confederation to a federation ; from a "band of states" to a "banded state." The states uncrowned themselves, became states in name only, sur rendered their supreme rights and merged their sovereign ties into one grand national power whose greatness and pos sibilities were unforeseen and unprophesied. 356 Civil Government of the United States CHAPTER X Constitution of the United States March 4, 1789 RIOR to the establishment of our constitutional government, it was permissible to say "The states are''; with our unitary government, the correct expression is "The United States is." We are a single, sovereign state, although the plural form of the previous condition appears. The purposes of the new government are stated in the Preamble and it is recommended that every pupil commit this to memory. The Constitution should be carefully and thoroughly studied. As it appears in full in subsequent pages, it is not necessary to make a thorough analysis of its contents. However, the three separate departments of gov ernment will be briefly treated. While the constitution contemplates that the functions of the three departments of government shall be distinct and separate, still there are points in which one has certain features of another. The judiciary department interprets the laws of the legislature and passes on the constitution ality of laws submitted to it; the house and senate are. judicial in cases of impeachment, and executive in the ap plication of their own rules and regulations. The chief executive is legislative in the matter of signing or vetoing bills, and may be considered so in the duties requiring him to inform congress concerning the state of governmental affairs, in recommending measures, in calling special ses sions, and in adjournment of congress when both houses cannot agree as to date. Constitution of the United States 357 Legislative Department The legislative department necessarily comes first, as it prepares the way for the other two. As we have seen, this department is composed of two houses, the Senate and the House of Representatives. The constitution specifies the qualifications of the members of each house, defines the duties and powers and prescribes the work of each. The members of the house are elected for two years, of the senate for six. The terms of the house members all ter minate at the same time, hence it is a terminating body; the terms of senators terminate at different times, hence the senate is a continuous body. Members of the house are usually called "members of congress," members of the senate are called "senators." A congress continues for two years, beginning on the fourth of March of every odd year, hence is coincident with the terms of the house members. It has two sessions, each beginning on the first Monday in December of the congres sional term. As the first congress under the Constitution met in 1789, it is easy to determine what congress is in ses sion in any particular year. The pay of senators and members of congress is $7,500 per annum, with mileage to the extent of twenty cents per mile to and from Washington, and $125 for stationery. The salary of the president of the senate and the speaker of the house is $12,000 per annum, with mileage and sta tionery the same as members and senators. Members of either house are exempt from arrest, except for treason, felony and breach of peace, while in attendance upon congress, going to or returning from it, and are not answerable outside of congress for any speech or remarks made therein. As the constitution provides that the president shall commission all officers of the United States, and as he does not issue commissions to members of congress and senators, it is inferred that they are state officers rather than 358 Civil Government of the United States officers of the United States. A majority of either house constitutes a quorum; each house formulates its own rules of procedure; neither can adjourn for more than three suc cessive days without the consent of the other. House. The time and method of election of members of congress are left practically to their respective states; how ever, the number to which each state is entitled is left to congress. According to the Constitution the number of representa tives assigned to each state was as follows: — -New Hamp shire 3, Massachusetts 8, Rhode Island i, Connecticut 5, New York 6, New Jersey 4, Pennsylvania 8, Delaware i, Maryland 6, Virginia 10, North Carolina 5, South Caro lina 5, Georgia 3 ; 65 in all, one to each 30,000 of the population. An enumeration is made on each decennial year and the census Is compiled at once, but the new ratio of population and apportionment of representatives do not go into effect until three years afterwards. House of Representatives Population of Ratio of Repre United States Population sentatives 1790 3,929,214 33.000 105 1800 5.308,483 33,000 141 I8IO 7,239,881 35,000 i8i 1820 9,633.822 40,000 213 1830 12,866,020 47,700 240 1840 17,069,453 70,680 223 1850 23,191,876 93.423 233 i860 31,443,321 127.381 243 1870 38,558.371 131.425 293 1880 50,155,783 151,911 325 1890 62,622,250 173,901 356 *i900 76,303,387 194,182 386 *Including possessions, 84,233,069 Constitution of the United States 359 At first the ratio of population was fixed and the number of representatives w-as the resulting number; but in 1833 and 1843 the number of representatives began to be con sidered in fixing the ratio, and since 1843 the number of representatives has first been decided and the ratio has been the resulting number. The integral quotients obtained by dividing the population of each state by the ratio will not aggregate the number of representatives decided upon on account of the fractions resulting from each division. There fore, one additional representative is assigned to each state having the greatest fraction until the requisite number of representatives is obtained. In the apportionment to the states, sometimes a larger number is assigned to a state than it has congressional dis tricts. In this case the supernumerary is elected on a general state ticket and is called "representative at large." The house elects a speaker from its own members, also a clerk, sergeant-at-arms, door-keeper, postmaster, and chap lain. The speaker serves during a congressional term; the other officers until their successors are elected. The clerk of the previous congress presides at the opening of the new congress and until a speaker is elected. The constitution confers upon the house of representa tives certain special powers such as that of originating bills for raising revenue, impeachment, election of president in case of failure so to do by presidential electors, and election of its own officers. Senate. The election of senators is committed to the legislatures of each state. The vice-president of the United States is the president of the senate, but he has no vote except in case of a tie. The senators elect from their number a president pro tempore who serves during the absence or dis ability of the regular president. 360 Civil Government of the United States The special powers conferred upon the senate are: — election of president pro tern and other senate officers, ratifi cation of treaties, confirmation of presidential appointments, court for trial of cases of impeachment, and election of vice- president In case of failure so to do on the part of presiden tial electors. Much of the legislative work of either house is performed by committees, so that the Work on the floor consists mostly in passing the measures recommended by the committees. However, if a bill is not approved by a large majority of the committee, it generally has a turbulent passage and is greatly modified before it becomes a law. Executive Department The president is the chief executive. In case of his death or inability, the duties of his office devolve upon the vice- president, whose qualifications for office must be the same as those of the president. In case of the death or disability of both president and vice-president, the office passes to the Cabinet Officers in the order of seniority of the creation of their offices. The president's cabinet consists of the following: — Secretary of State, created in 1789; Department of State, 1789. Secretary of the Treasury, created in 1 789 ; Department of the Treasury, 1 789. Secretary of War, created in 1 789 ; Department of War, 1789. Attorney-General, created in 1789; Department of Jus tice, 1870. Secretary of the Navy, created in 1798; Department of Navj', 1798. Postmaster-General, created In 1829; Department of Posts, 1794. Constitution of the United States 361 Secretary of the Interior, created in 1849; Department of the Interior, 1849. Secretary of Agriculture, created in 1 889 ; Department of Agriculture, 1862. Secretary of Commerce and Labor, created in 1903; De partment of Commerce and Labor, 1903. These offices are not created by the constitution or by law, although the salaries are provided for ; they have grown up through custom. Each member of the cabinet is at the head of a Department, under each of which are' several bureaus. The cabinet officers, so-called, are purely advisory to the president, and so no official records of cabinet meetings are kept. "By and with the consent of the senate" the president appoints ambassadors and other public ministers, consuls and judges, according to the constitution, and various other officers according to power conferred upon him by law. Until recently the United States has not been accustomed to send ambassadors, but rather ministers plenipotentiary. Now, however, she sends ambassadors to Great Britain, France, Germany, Austria-Hungary, Russia, Italy, Brazil, Mexico, Turkey and Japan, and ministers to other coun tries. An ambassador extraordinary is one sent on a special mission or for a special occasion. Ambassadors reside abroad and are the diplomatic agents of the government. Consuls are appointed to reside in foreign cities and ports for the purpose of promoting commercial relations with this country and to afford assistance and protection to American mer chants and seamen. Besides negotiating treaties and appointing diplomatic and consular officers, the president is commander-in-chief of the army and navy. The constitution also prescribes that he shall receive ambassadors and other public ministers and shall commission all officers of the United States. For his 362 Civil Government of the United States services he receives $50,000 per year, certain perquisites, the use of the White House and its effects, and- payment of the salaries of his secretary, assistant secretary, executive clerks, steward and messenger. Judiciary Department The Supreme Court. The Circuit Court of Appeals. The Circuit Courts. The District Courts. The Court of Claims. 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 necessary. The United States Circuit and District courts have juris diction in all cases of violation of the United States postal, internal revenue, customs and other federal laws; in bank ruptcy and in cases affecting national banks; also in suits in which either party to the suit is not a resident of the state, where the amount in controversy exceeds two thou sand dollars exclusive of interest and costs. The Circuit Courts of Appeals and the Circuit Courts. — The States of the Union are grouped in nine judicial cir cuits. A justice of the supreme court is assigned to each circuit. He is called a circuit justice, and is required to attend court in the circuit once In two years. For each cir cuit there are two or more circuit judges, w-ho must reside in the circuit. A term of the circuit court of appeals must be held annually in each circuit. The circuit justice and the circuit judges in each circuit constitute this court, but in Constitution of the United States 363 the absence of a circuit judge a district judge may sit as one of the court. 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 at the same time and ¦place as the district court. A circuit court may be held by a circuit justice, a circuit judge, a district judge of the dis trict in which it is held, by any two or all of these. District Court. — Each of the smaller states is a judicial district; the larger states are divided into two or more dis tricts. There are five states containing two or more dis tricts 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 other districts tw-o or more terms are held yearly, at times and places fixed by law. Special terms may be held in the discretion of the judge. Regular terms of the dis trict court in Vermont are held yearly in Burlington, Rut land and Windsor. 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. The territories are not included in the judicial circuits. Appeals may be made from the highest territorial courts to the supreme court of the United States. There are special courts for the District of Columbia, for Hawaii, Porto Rico, and the Philippine Islands. The Supreme, Circuit and District Courts may summon juries when they are needed. The mode of the selection of jurors is determined by the court, but must not be repug nant 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 364 Civil Government of the United States than sixteen nor more than twenty-three men. The judge of the United States district court appoints a clerk; the clerk by virtue of his office is a jury commissioner; another jury commissioner is appointed by the judge, but of a dif ferent political party from that of the clerk. Each com missioner selects no less than one-hundred fifty names of persons resident in the counties in the immediate vicinity of the place in which the court is held, deposits them in a box one at a time and alternately with the other commis sioner. The United States marshal is notified and is directed by a venire Issued by the clerk to draw the necessary juries, no less than twenty-three for a grand jury, and no less than thirty-five for a petit jury. Amendments of the Constitution The constitution provides for its own amendment in two ways. Amendments may be proposed by a tw-o-thirds vote of both houses, or by a convention called by congress upon the request of the legislatures of two-thirds of the states; and the amendments proposed may be ratified by three- fourths of the states through their respective legislatures, or through conventions called for this purpose; but the method of ratification Is left to congress to propose. The unamend- able parts of the constitution relate to the importation of slaves prior to 1808, the power of congress to lay direct taxes, and deprivation of a state of equal representation in the senate without the state's consent. Thus far all amendments have been proposed by congress and ratified by state legislatures. Congress has proposed nineteen amendments, but only fifteen received the neces sary ratifications. The first congress proposed twelve amendments, ten of which were ratified immediately by the requisite number of states. These ten are called the Constitution of the United States 365 American Bill of Rights, on account of their similarity to the English Bill of Rights of 1689. They did not change the constitution in any particular, but added to it. The eleventh amendment defined the extent of the judicial system and the twelfth amendment changed the method of electing the president and vice-president of the United States. As outgrowths of the Civil War, the last three amendments came into existence: the thirteenth provided for the abolition of slavery, the fourteenth recognizes the validity of national debt and debars the payment of debt incurred through rebellion and of any claim through loss of slaves, and the fifteenth deals with right of suffrage, providing that none shall be debarred on account of "race, color, or previous condition of servitude." That only fifteen amendments to the constitution should have been made during all these years of constitutional gov ernment, only five of which materially modified the original document, is evidence of the wisdom and sagacity of the statesmen who composed that memorable constitutional con vention and constructed for subsequent generations such a strong foundation for our government and such a mighty guaranty of our liberties. (24) 366 Civil Government CHAPTER XI Analysis of the United States Constitution (For Teachers) O better method can be adopted for an acquaint ance with the constitution of the United States than a thorough study of its sections and a diagrammatic representation of its provisions. Therefore, to aid the student in his work, the following partial diagram is submitted, with the expectation that he will carry the work to completion. The preamble is not an integral part of the constitution, but is prefixed for the purpose of setting forth the reasons for the construction of the constitution. This should be committed to memory, and can easily be thrown into a diagram by in dicating the authority, the purposes, and the thing ordained. A diagram of the constitution naturally divides itself into A Legislative Department. B Executive Department. C Judicial Department. The Legislative Department subdivides itself into I House of Representatives. II Senate. Ill Provisions Common to both Houses. IV Powers of Congress. V Prohibitions on the United States. VI Rights of States. VII Prohibitions on States. VIII Personal Rights. Analysis of the Constitution 367 I House of Representatives 1 Composition 2 Eligibility rA,e 3 Members ^ Citizenship ( Inhabitancy ' Number Apportionment By states at first By population Determined When J'CT IH + Vacancies 5 Powers - Conditions (Amendment XIV) fVi^hen Election ¦! Ho-w (. Qualificalions of Voters f How occurring I How filled T • 1 ^- f Concurrent Legislative | g^j^ Impeachment Electoral < y President of United States Officers ] o^the^'officers II Senate 1 Composition (¦Age 2 Eligibility -l Citizenship (. Inhabitancy 3 Members 4 Vacancies ' Number Classification „, . f When Election [^^^^ How Occurring How Filled {^^^ 5 Powers -< ' Legislative _ ^. f Appointments E'^^<="t'^n Treaties T^, ,. ( Officers Elective \ vice-President of U. S. Judicial in cases of Impeachment r Vice-President of U. S. Presiding Officer-; President pro tempore \ Chief Justice 368 Civil Government III Common Provisions 1 Members < ' Membership Ineligibility Official Incumbrance Disloyalty Penalties PunishmentExpulsion Oaths SalariesPrivileges From arrest Of debate Prohibitions 3 Transaction of Business* Adjournment Time Place On Members Officers created Emoluments increased Quorum Parliamentary Rules Method of Voting Journal Keeping Publishing In addition to diagrams presented, others of the Legis lative Department should be worked out concerning Powers of Congress (IV), Prohibitions on the United States (V), Rights of States (VI), Prohibitions on States (VII), and Personal Rights (VIII). After these divisions of the Legis lative Department have been properly outlined, the Execu tive and the Judiciary Departments may be treated in like manner. As the Constitution is the fundamental law of our country, its provisions should be thoroughly known, and to aid In the work of Investigation and stud}- the following books will be beneficial : First Lessons in CI\I1 Government, by B. A. Hinsdale Analysis of Civil Government, by Calvin Townsend Analysis of the Constitution 369 Civil Government in the United States, by John Fiske Constitutional Studies, by James Schouler The American Republic and its Government, by J. A. Woodburn The State, by Woodrow Wilson The Evolution of the Constitution of the United States of America, by John A. Kasson ; written by re quest of the Constitutional Centennial Commis sion The Federalist pamphlets NOTE. — The following pages contain facsimiles of forms in gen eral use in this State: Warning for city election, placard enumer ating offenses against the purity of elections, instructions to voters, warning for freeman's meeting, warning for special city meeting, warning for presidential election, warning for annual town meeting, tax notice, and representative, justice, national and State ballots. 370 Ci\'iL Goverxmext WARNING FOR CITY ELECTION. The Legal Voters in City Meeting of the City of Burlington, Vt., are hereby Notified and Warned to meet on TUESDAY, THE SEVENTH (7th) DAY OF MARCH, A. D., 1905, at 9 o'clock in the forenoon, in their respective Wards, at the several voting places hereinafter named, for the purpose of electing a Mayor, and for the purpose of electing in Ward One — One Alderman, and Ward Officers, and in Ward Two — One Alderman, one School Commissioner, and Ward Officers, and in Ward Three — One Alderman, and Ward Officers, and in Ward Four — One Alderman, one School Commissioner, and Ward Officers, and in Ward Five — One Alderman, one School Commissioner, and Ward Officers All of whom to hold office for one year, except Aldermen and School Commissioners, who are to be elected for terms of two years each ; Also for the purpose of voting upon the following question, in accordance with the provisions of No. 115, of the Acts of 1904: Shall license be granted for the sale of intoxicatinc liquors in this City? The following are designated as voting places, viz.: In Ward One — At Fire Station Xo. 3, Mansfield Avenue. In Ward Two — At the Star Hose House, Xo. 128 North Winooski Avenue. In Ward Three — At Fire Station Xo. 2, Xo. 120 Xorth Champlain Street. In Ward Four — At No. 141 Church Street [old Boxer Room]. In Ward Five — At Parry's Carriage Shop, Xo. 217 Church Street, opp. Post Office. The Polls open at 9 o'clock in the forenoon, and close at 3 o'clock in the afternoon. (Signed by Mayor of city.) Burlington, Vt., February 15, 1905. Offences Against the Purity of Elections. Chapter 17, Public Statutes. Is required by law to be posted in plain view in the room where the ballots are cast, and also in and about the polling place. (See Sections 216-234 Pub. Stat.) Vermont Facsimiles 371 WARNING FOR FREEMAN'S MEETING. The Freemen of the City of Rutland are hereby warned to meet in their respective wards on Tuesday, the 4th day of September, 1906, at nine o'clock in the forenoon to vote for the following offi cers, viz. : A Governor, Lieutenant-Governor, Treasurer, Secretary of State. Auditor of Accounts, and Attorney-General of the State of Vermont. Four Senators to the General Assembly, two Assistant Judges of the County Court, a Sheriff, High Bailiff, and a State's Attorney for the County of Rutland. A Judge of Probate for the Probate District of Rutland. A Representative to represent the City of Rutland in the General Assembly, and fifteen Justices of the Peace. Also to vote for a Representative to represent the First Congres sional District of Vermont in the Congress of the United States. The polling places for the several wards have been designated as follows: (List of ward polling places follows.) {Signed by Mayor of city.) City of Rutland, Vt. August 2i, 1906. WARNING FOR SPECIAL CITY MEETING The legal voters of the City of Burlington, Vermont, are hereby warned and notified to meet in the City Hall, in said City, on Saturday, the twenty-fifth day of March, 1905, at 7:30 o'clock p.m. for the following purposes: To determine whether the City will exempt from taxation the property of the Vermont Spool and Bobbin Company for a period of five years from the date of the installation of their plant in this city. Done at the City of Burlir.^- ton, Vermont, this thirteenth day of March, 1905, upon written ppplication signed by thirty or more of the legal voters in said city. {Signed by Mayor of city.) WARNING FOR PRESI DENTIAL ELECTION. The Freemen of the City of St. Albans are hereby warned to meet in their respective wards cn the Tuesday next following the first Monday in November, A. D. 1904, being the Sth day of the month, at nine o'clock in the forenoon, to vote for four Electors of President and Vice- President, according to the sta tutes in such case made and pro vided. The polling places for the several wards have been desig nated as follows: (List of ward polling places follows.) {Signed by Mayor of city.) City of St. Albans, Vermont, October 24th, 1904. 372 Civil Government INSTRUCTIONS TO VOTERS Give your name and residence to the ballot clerk who, after find ing your name on the check list, will admit you within the rail and hand you a ballot. Go alone to an unoccupied voting booth and there prepare your ballot. Make a cross (X) in the square at the right of the name of each person for whom you wish to vote, or, if you wish to vote the entire ticket of any one political party, place a cross (X) in the large square at the top of the party column. One such cross counts the same as a separate cross opposite each name in that column. If you wish to vote for John Smith for Representative you should mark your ballot in this way, viz.: REPRESENTATIVE. Vote for One. JOHN SMITH, Citizen's Nominee. X If you wish to vote for a person whose name is not on the ballot, write or insert the name in a blank line below the list of candidates for the office and make a cross in the square at the right of it. Do not erase or mark out any of the printing on the ballot. Simply make a cross or crosses or fill in a name or names, as above. For some offices you may vote for two or more candidates as stated in the ballot at the right of the name of the office to be voted for. If you should mark more names than can be elected to any office, or if you mark your ballot so that it cannot be told for whom you intended to vote, it will not be counted. If you spoil a ballot return it to the ballot clerk who will give you another, but you can have only three. You cannot occupy the voting booth more than five minutes in case other voters are waiting. Before leaving the booth, fold your ballot without displaying the marks thereon and keep the same so folded until you have delivered it to the presiding officer, then go at once outside the guard rail by the proper exit. Do not show any one how you have marked your ballot. You are not allowed to carry away a ballot whether spoiled or not. A voter who declares to the presiding officer that he is unable by reason of physical or mental disability to mark his ballot can, upon request, receive assistance in the marking of his ballot from any election officer selected by him. Vermont Facsimiles 373 WARNING FOR ANNUAL TOWN MEETING. NOTICE The legal voters of the town of Pitts ford. are hereby warned to meet at the Town Hall in Pittsford on Tuesday, March 1st, A. D. 1904, at 10 o'clock a. m., to act on the following business: 1. To choose a moderator to govern said meeting. 2. To act upon the reports of the town officers. 3. To choose all necessary town officers. 4. To choose grand and petit jurors. 5. To see if the town will vote to raise money by tax or otherwise to pay all current expenses of the town. 6. To see if the town will vote to ac cept the provisions of Sections 480 to 486, Vermont Laws, providing for pay ment of taxes direct to town treasurer. 7. To see when the several taxes shall become due. 8. To see if the town will vote to ap propriate money for Decoration day, and how much. 9. To see if the town will vote to ap propriate money to plow out the side walks in the village. 10. To see if the town will vote to pay the running expenses of the Maclure lib rary the ensuing year. 11. To see if the town will vote to deed to the Pittsford Cemetery Associa tion their interest in the receiving vault and the town plot adjoining. 12. To see if the town will vote to buy one or more cells for the purpose of con fining persons arrested. 13. To see if the town will vote, "Shall license be granted for the sale of intoxi cating liquors in this town." 14. To transact any other legal and necessary business that may come before the meeting. B. J. DOUGLASS, l M. C. FITZPATRICK. r E. A. RANDALL, J Pittsford, Vt., Feb. 8, 1904. Select men. TAX NOTICE! The TAXPAYERS of the Town of Grafton Are hereby notified that the Highway Tax of 40 cents and the School Tax of 60 cents on the Grand List of 1905 have been placed in my hands for collection and same are due on or before September 1st, 1905. E. B. STO WELL, Collector. Ward Ticket for City Representative to the General Assembly, Election September 6, 1904 (Biennial). To vote for a person make a cross (X) in the Square at the right of the name. Republican Party. Nominated at Caucus. For City Rep. Vote for One H. F. Noyes. 27 Baxter St. Democratic Party. Nominated at Caucus and by Certificate. For City Rep. Vote for One E. D. Welcli. 1 Spellman Ter D, | Independent Labor Party. Nominated at Caucus and by Certificate, For City Rep. Vote for One G. A. Smith, 17 Cottaec St. 374 Civil Governmext OFFICIAL BALLOT for Election of Justices, Sept. 6. 1904. (BIENNIAL.) To vote for a person, ma,ke a cross [X] at the right, in the square opposite his name To vote for tbe whole list of candidates in this column, make a cross [X] in the square at bead of column only. Voters inserting names in blanlc space must make a cross [X] in square opposite each one. RE,PUBLICAN PARTY. For Justice o! Ihe Peace. Vole for Five. S. B. DarliDg-. Vershire, Republican. B. F Fuller. Vershire, Republican. F. W. Farnham, Vershire, Republican. Ethan Dimonri. Vershire, Republican. E. P. Brown, Vershire, Republican. ^ To vote for a person, make a cross [X] at the right, in the square opposite his aame. To vole for the whole list of candidates in this column, make a cross I_X] in tbe square at head of column only. Voters inserting" names in blank space must make a cross [3y in square opposite each one. DEMOCRATIC PAKTY. For Justice of the Peace. Tote for Five. S. B. Darling, Versh i re. Democratic, B. F. Fuller, Vershire, Democratic, F W. Farnham. Vershire, Democratic, Ethan Dimond, Vershire, Democratic. E. P. Brown, Vershire, Democratic. OFFICIAL BALLOT for National Election Nov. 8, 1904. To vote for EVERY PERSON in this column of candidates, place ONE cross (X^ in the larere square at the top ofthe column, and make no other mark on tbe paper. To vote for any ONE PERSON in this column, make a cross (X) in tbe small space at the right of his name, and place NO cross in the large square. If you cboose, you may write on tbe blank lines names other than those printed, and mark tbem in tbe same way. (EVEKY FOUR YEARS.) REPUBLICAN PARTY. For Electors of PRESIDENT and VICE-PKESIDERT of Ibe Dniled Slales. Tole (or Four. W. H BERRY, Bennington, Republican E B. FLINN, Springfleld, Republican F. A. BOND, Middlebury, Republican A. F. STONE. Sl Johnsbury, Republican To vote for EVERY PERSON in this column of candidates, place ONE cross (Xl in the large square at the top of the column, and make no other mark on the paper. To vote for any ONE PERSON ih this column, make a cross (X) in tbe small space at the right of his name, and place NO cross in tbe large square. If you cboose. you may write on the blank lines names other than those printed, and mark them in the same way. DEMOCRATIC PARTY. For Electors o( PRESIDENT and VICE-PRESIDENT ol the United Stales. Yole for Four. A. COCHRAN, Groton, Democratic T. HOXIE Hall, Pownal, Democratic J. H. DONNELLY,Vergenne3,Demoeratic H. N. DEAVITT, Colchester, Democratic. fOLD YOUB BAILOT BEFORE LEAVINO THE BOOTH. Vermont Facsimile 375 OFFICIAL BALLOT for Election of State Officers. ^^^Jj.**' To vote, for EVERY PERSON column of candidates, place ONE cross (X) in the large square at the top of tbe column, and make no other mark on the paper. To vote for any ONE PERSON m this column, make a cross (X) in the small space at the right of his name, and place NO cross in the large square. If you choose, you may write on the blank lines names other than those printed, and mark them in the ¦¦iame way. REPUBLICAN PARTY. (BIENNIAL.) n this ForeOYERNOR Vole for 0 e. Charles J. Bell. Walden. RepuhlicHn.l For LIEUTENANT GOVERNOR Vote for One. Charles H.Stearns. Johnson. Republican.! I For TREASURER. Vole tor One. John L. Bacon, Hartford. Republican. To vote for EVERY PERSON in this column of candidates, place ONE cross (X) in the large square at the top of the column. To vote for any ONE PERSON in this column, make a cross (X) in the small space at the right of his name, and place NO cross in the large square. If you choose, you may write on the blank lines names ott-er than those printed, and mark them in the same way. DEMOCRATIC PARTY: For GOVERNOR. Vole tor One. Eli H. Porter. Wilmington. DemocratiC.i For LleUTENANT GOVERNOR. C. L. McMahan. Stowe. Vote for One. Democratic For Treasurer. Vole for One. A. J. Sibley, Montpelier. Democratic. PorSECRElARYOFSTATE. Vol' for One. F. G Fleetwood, Morristown. Republican For Aiid lor of Accounts. Vole for One. H. F. Graham, Craftsbury. Republican.! For Rep, lo Congress. 1st District. Vo'e tor line. D J. ji'oster, Burlington. Republican For Senators. Vote tor Fo'jr. H. O.Carpenter.City of Rut'd. Republican W. H. Rowland, Poultney. Republican Dan D. Burditt, Pittsford. J. E. Buxton. Middletown. Republican Republican, For SECRETARY OF STATE. Vote for One, C. D. Wat-son, St. Albans City. Democratic.} For Auditor of Accounts. John E. Walsh, Pittsford. Vole for One. Democratic I For Rep, lo Congress, Isl DIslrlcl. Vole tor One. F. L. Graves, Colchester. Democratic! For Senators. Vole tor Four. W. s. Smith, City of Rutland Democratic Zenas H Eills, Fair Haven. Democratic, Aivirt J. RuNsell. Rutland. Democratic J. E. Bullum, Wallingford. Democratic, For Asslstanl Judges ot Counly Court. Vole tor Two. Q. D. Wheaton, Pittsford. Republican Rodney M. Lewis, Wells. Republican. For Stale's Allorney. Vole for One. R.A.LawreDce, City of Rut'd. Republican. For Sheriff. Vol; for One. D. P. Peabody,'City of Rut'd. Repubhcan.l For BItli Ballltt. Vole tor One. L. Southworth, Middletown. Republican, For AsslslanI Judges of County Court. Vole tor Two. W.H.HuPbard.Cityof Rut'd. Democratic E. L. Horton, Sudbury. Democratic For Stale's Allorney. Vote for One. W. H. Preston, Fair Haven. Democratic.l For Slierlft. Vole tor One. For Judge ot i^ rotate tor Dlslrlci of Rul. Vote tor One . T. C. Robbins, City of Rutl'il. Republican.! 1 1 For High Ballltt. Vole for One. William H. Bond, Danbv. Democratic.l 1 For Judge of frobale for District ol Rul. Vote tor One. 370 Civil Government Proctor High School Middlebury High School Civil Government 377 Vermont Academy, Saxton's Riyer; incorporated in 1873 Troy Conference Academy, Poultney; incorporated in 1834 378 Civil Government LETTER FROM GEORGE WASHINGTON IN 1796 TO VERMONT SENATORS TO ELIJAH PAINE AND ISAAC TICHENOR, ESQRS., SENA TORS IN CONGRESS FROM THE STATE OF VERMONT GENTLEMEN:— With particular pleasure I received the unanimous address of the Council and General Assembly of the State of Vermont. Although but lately admitted into the Union, yet the importance of your State, its love of liberty and its energy, were manifested in the earliest periods of the revolution which established our independence. Un connected in name only, but in reality united with the confederated states, these felt and acknowledged the benefits of your co-operation. Their mutual safety and advantage, duly appreciated, will never permit their union to be dissolved. I enjoy great happiness in the testimony you have presented, and in the other proofs exhibited from various parts of our country, that ' the operations of our general government have justified the hopes of our citizens at its formation, which is recognized as the era of national prosperity. The voluntary acknowledgments of my fellow citizens persuade me to believe that my agency has contributed to produce this effect. This belief will be to me a source of permanent gratification and those acknowledgments a rich reward. My sincere thanks are due, and I beg j-ou, Gentlemen, to make them acceptable to the Council and General Assembly of the State of Vermont, for the very obliging and affectionate terms in which they notice me and my public services. To such confidence and sup port as I have experienced from Councils, legislative assemblies and the great body of American citizens, I owed the best exertions of every faculty I possessed; happy now in the reflection that our joint labours have been crowned with success. When withdrawn to the shade of private life, I shall view with growing pleasure the increas ing prosperity of the United States: in the perfect protection of our Government, I trust to enjoy my retirement in tranquility; and then, while indulging a favorite wish of my heart in agricultural pur suits, I may hope to make even my private business and amusement of some use to my Countrw GEO. WASHINGTON Unileil Stales, 12th December, 1796 Constitution of Vermont CHAPTER I A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE STATE OF VERMONT ARTICLE 1. That all men are born equally free and indepen dent, and have certain natural, inherent, and inalienable rights, amongst which are the enjoying and defending life and liberty, acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety; therefore no male person born in this country, or brought from over sea, ought to be holden by law to serve any person 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 consciences and understandings, as in their opinion shall be regu lated 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 sup port 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 relig ious 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 worship. Nevertheless, every sect or denomination of Christians ought to observe the Sabbath or Lord's day, and keep up some sort of religious worship, which to them shall seem most agree able to the revealed will of God. 380 Constitution of Vermont ARTICLE 4. Every person within this State ought to find a certain remedy, by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property or character; he ought to obtain right and justice, freely, and without being obliged to purchase it; completely and without any denial; promptly and without delay; conformably to the laws. ARTICLE 5. That the people of this State by their legal repre sentatives, 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 oflicers of government, whether legislative or executive, are their trustees and servants; 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 corruption, and that all freemen, having a sufiicient, evident, com mon interest with, and attachment to the community, have a right to elect oflicers, and be elected into oflice, agreeably to the regula tions made in this constitution. ARTICLE 9. That every member of society hath a right to be protected in the enjoyment of life, liberty and property, and there fore 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 compelled thereto, if he 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 t.ix, the purpose for which it is to be raised ought to Constitution of Vermont 381 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 person hath a right to be heard by himself and his counsel ; to demand the cause and nature of his accusation; to be confronted with the witnesses ; to call for evidence in his favour, and a speedy public trial by an impartial jury of the country; without the unani mous 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. ARTICLE u. 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 affording sufiicient 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. ARTICLE 12. That when any issue in fact, proper for the cognizance 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 transactions 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 authority 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 defense 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 miUtary should be kept under strict subordination to and governed by the civil power. (25) 382 Constitution of Vermont ARTICLE 17. That no person in this State can in any case be subjected 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. ARTICLE 18. That frequent recurrence to fundamental prin ciples, and a firm adherence to justice, moderation, temperance, in dustry and frugality are absolutely necessary to preserve the bless ings of liberty and keep government free; the people ought, there fore, to pay particular attention to these points, in the choice of offi cers and representatives, and have a right, in a legal way, to exact a due and constant regard to them from their legislators and magis trates, in making and executing such laws as are necessary for the good government 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 their legislature for redress of grievances, by ad dress, petition or remonstrance. ARTICLE 21. That no person shall be liable to be transported out of this State for trial for anv offense committed within the same. CHAPTER n plan or frame of govern.ment Superseded SECTION I. The commonwealth, or State of Ver- See Arts. mont, shall be governed hereafter, by a governor (or Amend., 3 lieutenant-governor J , council, and an assemoly of the "" representatives of the freemen of the same, in manner and form following: SECTION 2. The supreme legislative power shall _ Superseded be vested in a house of representatives of the freemen See An. of the commonwealth or State of Vermont. Amend., 3. SI.CTION 3. The supreme executive power shall be Superseded vested in a governor, or in his absence, a lieutenant- See Art. governor, and council. Amend., 8. Constitution of Vermont 383 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 corruption or unnecessary delay. The judges of the supreme court shall be justices of the peace throughout the State; and the several judges of the county courts, in their respective coun ties, 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 con ceive the same to be expedient and necessary, erect a court of chan cery, 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 the 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 repre sentatives; and each other inhabitated 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 election and choose each one representative forever thereafter. SECTION 8. The house of representatives of the See Art. freemen of this State shall consist of persons most noted Amend., 24. for wisdom and virtue, to be chosen by ballot, by the freemen of every town in this State, respectively, on the first Tuesday of Sep tember annually, forever. SECTION 9. The representatives so chosen (a majority of See Arts. whom shall constitute a quorum for transacting any Amend., 2. 3, other business than raising a State tax, for which two- 10,14,15,17, (jjjrjs of tlie members elected shall be present) shall 18 20 24 26 ' ' ' ¦ meet on the second Thursday of the succeeding Octo ber, and shall be styled The General Assembly of the State of Ver mont: they shall have power to choose their speaker, secretary of 3 ¦^4 Constitution of \^ermoxt State, their clerk, and other necessary officers of thc house — sit on their own adjournments — 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 affirma tions in matters depending before them — redress grievances — im peach State criminals — grant charters of incorporation — constitute towns, boroughs, cities and counties: they may annually, on their I'rst 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, sheriffs and justices of the peace; and also, with the council, may elect major-generals, and brigadier-gen erals, from time to time, as often as there shall be occasion: and they shall have all other powers necessary 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 See Aru. shall consist of a governor, lieutenant-governor and Amend., 9, twelve persons, chosen in the following manner, viz.: The freemen of each town shall, on the day of elec tion for choosing representatives to attend the General Assembly, bring in their votes for governor, with his name fairly written, to the constable, who shall seal them up, and write on them, Votes for the Governor, and deliver them to the representative chosen to attend the General Assembly ; and at the opening of the General Assembly, there shall be a committee appointed out of the council and assembly, who, after being duly sworn to the faithful discharge of their trust, shall proceed to receive, sort and count the votes for the governor, and declare the person who has the major part of the votes to be gover nor 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 treasurer shall be chosen in the manner above directed. And each freeman 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 II. The governor, and in his absence the lieutenant- governor, with the council, (a major part of whom. See Art... including the governor, or lieutenant-governor, shall Amend., 6, 7, be a quorum to transact business) shall have power to *¦ ^'' Constitution of Vermont 385 commission all officers — and also to appoint officers, except where provision is or shall be otherwise made by law or this frame of government — and 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. 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 neces sary, to lay before the General Assembly. They shall sit as judges to hearand determine on impeachments, taking to their assistance, for ad vice only, the judges of the supreme court. And shall have power to grant pardons and remit fines, in all cases whatsoever, except fn 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 rtE 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 pro hibit the importation 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 command 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 As sembly; 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. 386 Constitution of Vermont 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 fol lowing oath or affirmation, viz.: 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 peo ple, nor do or consent to any act or thing whatever, that shall have a tendency to lessen or abridge their rights and privileges, as de clared 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 case of an oath) so help you God. {And in case of an affirmation) under the pains and penalties of perjury. SECTION 13. The doors of the house in which the General Assembly 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 shjt. SECTION 14. The votes and proceedings of tht; General As sembly 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 vote 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 the General Assembly of the State of Vermont. SECTION 16. To the end that laws, before they are enacted, may be more maturely considered, and the inconven- Superseded ience of hasty determinations as much as possible pre- See Art. vented, all bills which originate in the assembly shall Amend., 11. be laid before the governor and council for their revision and con currence, 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 be in the power of the governor and council to suspend the passing ol" such bills until the next sessions of the legislature. Pro- Constitution of Vermont 387 vided, that if the governor and council shall neglect or refuse to return any such . bill to the assembly, with written proposals of amendment, within five days, or before the rising of the legisla ture, the same shall become a law. SECTION 17. No money shall be drawn out of the treasury, unless first appropriated by act of legislation. SECTION 18. No person shall be elected a representative until he has resided two years in this State, the last of which shall be in the town for which he is elected. SECTION 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 transacted 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-one years, See Art. having resided in this State for the space of one Amend., I. whole year next before the election of representatives, and is of a quiet and peaceable behavior, and will take the follow ing 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 Vermont, you will do it so as in your conscience you shall judge wilt most conduce to the best good of the same, as established by the constitution, ^without fear or favour of any man. SECTION 22. The inhabitants of this State shall be trained and armed for its defence, under such regulations, restrictions, and exceptions as Congress, agreeably to the constitution of the United States, and the legislature of this State, shall direct. The several companies of militia shall, as often as vacancies happen, elect their captain and other officers, and the captains and sub alterns shall nominate 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 388 Constitution of Vermont by the governor, and in his absence the lieutenant-governor, and attested by the secretary; which seal shall be kept by the gov ernor. SECTION 24. Every officer of State, whether judicial or execu- See Aris. tive, shall be liable to be impeached by the General Amend., 7 8. Assembly, either when in office, or after his resigna tion or removal, for mal-administration. All impeachments shall be before the governor, or lieutenant-governor, and council, who shall hear and determine the same, and may award costs, and no trial or impeachment shall be a bar to a prosecution at law. SECTION 25. As every freeman, to preserve his independence (if without a sufficient estate) ought to have some profession, call ing, trade, or farm, whereby he may honestly subsist, there can be no necessity for, nor use in, establishing offices of profit, the usual effects of 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 prejudice of his private affairs, he has a right to a reason able compensation ; and whenever an office through increase of fees or otherwise 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 legis lation. SECTION 26. No person in this State shall be capable of holding 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, mem ber of the General Assembly, survej'or 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 governor and council, give sufficient security to the Superseded secretary of State, in behalf of the General Assembly; See Art. and each high sheriff, before the first judge of the Amend., 22. county court to the treasurer of their respective counties, previous to their respectively entering upon the execution of their offices, in Constitution of Vermont 389 such manner, and in such sums, as shall be directed by the legis lature. 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 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 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. 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 cqnstitution or gov ernment 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 faithfully 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 law. (If an oath) so help you God. (If an affirmation) under the pains and pen alties of perjury. SECTION 30. No person shall be eligible to the office of gov ernor, or lieutenant-governor, until he shall have resided in this State four years next preceding the day of his election. SECTION 31. 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 partiality in the choice and return, or appointment of juries. SECTION 32. All prosecutions shall commence. By the author ity of the State of Vermont; all indictments shall conclude with 390 Constitution of Vermont these words, against the peace and dignity of the State. And all fines shall be proportioned to the offenses. SECTION 33. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering 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 prisoners, 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 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 penalty as the law shall direct; and any person who shall, directly or indirectly, give, promise or bestow any such rewards to be elected 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 manner 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 provided 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 per mitted 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 occa sion the death of any person be henceforth deemed a deodand, or in any wise forfeited on account of such misfortune. Constitution of Vermont 391 SECTION 39. Every person of good character, who comes to settle in this State, having first taken an oath or affirm- See Art. ation of allegiance to the same, may purchase, or by Amend., 1. 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 sub ject of this State, except that he shall not be capable of being elected governor, lieutenant-governor, treasurer, councillor or repre sentative 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 inclosed ; and in like manner to fish in all boat- able and other waters (not private property) under proper regula tions, to be hereafter made and provided by the General Assembly. SECTION 41. Laws for the encouragement of virtue and prevention of vice and immorality ought to be constantly kept in force, and duly executed, and a competent number of schools ought to be maintained in each town, for the convenient instruc tion of youth, and one or more grammar schools be incorporated and properly supported, in each county of 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 charitable purposes, shall be encouraged and protected in the enjoyment of the privileges, immunities and estates which 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 priv ileges 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 pretense whatsoever. SECTION 43. In order that the freedom of this commonwealth Abrogated maybe preserved inviolate forever, there shall be chosen See Art by ballot, by the freemen of this State, on the last Wed- Amend., 15 jiesday in March, in the year one thousand seven hun dred 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 3 J2 CoN'STITUTIOX OF VERMONT censors, who shall meet together on the first Wednesday of June next ensuing their election, the majority of whom shall be a quorum in every case, except as to calling a 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 pre served inviolate in every part during the last septenary, (including the year of their service) ; and whether the legislative and executive branches of government 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 repealing such laws as shall appear to them to have been passed contrary to the principles of the constitution : these powers they shall continue to have for and during the space of one year from the day of their election, and no longer. The said council of censors shall also have power to call a convention, to meet within two years after their sitting, if there appears to them an absolute necessity of amending any article of this 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 happi ness of the people ; but the articles to be amended, and the amend ments 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 con sideration of the people, that they may have an opportunity of instructing their delegates on the subject. ARTICLES OF AMENDMENT ARTICLE I. 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 Constitution of Vermont 393 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 styled "The General Assembly of the State of Vermont." 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. Pro vided, that all revenue bills shall originate in the house of repre sentatives, — but. the senate may propose or concur with amend ments, 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 disagree ment between the houses, with respect to adjournment, the gover nor may adjourn them to such time as he shall think proper. ARTICLE 4. The senate shall be composed of thirty senators. Superseded to be of the freemen of the county for which they See Art are elected respectively, who are thirty years of age mend., 23 ^r upwards, and to be annually elected by the free men of each 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 au thority 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 394 Constitution of Vermont 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 See Art. shall, annually, give their votes for the senators, ap- Amend., 24. portioned to such county, at the same time, and under the same regulations as are now provided for the election of coun cillors. And the persons or persons, equal in number to the number of senators 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 presiding officer, to the representative of said town, (if any) and if none be chosen, to the representative of an adjoining town, to be transmitted to the president of the senate ; — the other list, the said presiding 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 ab sence or disability, the sheriff of such county, or in case of the ab sence or disability of both, the high bailiff of such county, on the tenth day after such election 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 certificate of his or their election. Provided, however, that 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 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, otherwise than ac- Constitution of Vermont 395 cording to the population thereof agreeably to the provisions here inbefore ordained. ARTICLE 6. The senate shall have the like powers to decide on the election and qualifications of and to expel any of its mem bers, make its own rules, and appoint its own officers, as are inci dent to, or are possessed by, the house of representatives. A ma jority 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 sen ate shall have a casting vote, but no other. ARTICLE 7. 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 be con victed without the concurrence of two-thirds of the members present. Judgment 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. ARTICLE 8. The supreme executive power of the State shall be exercised by the governor, or, in case of his ab- See Art .,.,,,. \. Amend., 22. sence or disability, by the lieutenant governor ; who Con. Sees. shall have all the powers and perform all the duties 11,24,27. vested in and enjoined upon the governor and council, 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; nor shall he command the forces of the State in person in time of war or insurrection, unless by the ad vice and consent of the senate; 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 command; and for whose compensa tion 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 repre- 396 Constitution of Vermont sentatives. 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 many), for whom the greatest number of votes shall have been returned. ARTICLE IO. The secretary of State, and all officers whose elections are not otherwise provided for, and who, under the exist ing 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 pre siding officer of the senate shall preside; and such presiding officer, in such joint assembly, shall have a casting vote, and no other. ARTICLE II. Every bill, which shall have passed the senate and house of representatives, shall, before it become a law, be pre sented 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 (Sun days 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 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. ARTICLE 13. 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 superseded by any of the foregoing amendments, or are repugnant thereto, shall hereafter cease to have effect. Constitution of Vermont 397 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 freemen of their respective counties. ARTICLE 16. States attorneys shall be elected by the freemen 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 freemen of their respective towns; and towns having less than one thousand inhabitants may elect any number of justices of the peace not exceeding five; towns having one thousand and less than two thousand inhabitants, may elect seven; towns having two thou sand 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, habitants, may elect fifteen justices of the peace. ARTICLE 19. All the officers named in the preceding articles See Art. of amendment shall be annually elected by ballot and Amend., 24. shall hold their offices for one year, said year com mencing on the first day of December next after their election. ARTICLE 20. The election of the several officers mentioned in the preceding articles, excepting town representatives. See Art. shall be made at the times and in the manner now Amend., 24. directed in the constitution for the choice of senators. And the presiding officer of each freeman's meeting, after the votes shall have been taken, sorted and counted, shall, in open meeting, make a certificate of the names of each person voted for, with the number of votes given for each, annexed to his name, and designating the office for which the votes were given, a record 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 vote for , and add thereto, in writing, the title of the office voted for, as the case may be, and shall de liver such certificate to some representative chosen as a member of the General Assembly, whose duty it shall be to cause such cer tificate of votes to be delivered to the committee of the General Assembly, appointed to canvass the same. And at the sitting of (26) 398 Constitution of Vermont the General Assembly, next after such balloting for the officers aforesaid, there shall be a committee appointed of and by the Gen eral Assembly, who shall be sworn to the faithful discharge of their duty, and whose duty it shall be to examine such certi ficates and ascertain the number of votes given for each candidate, and the person receiving the largest number of votes for the respec tive 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 per sons 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- governor 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, or to the adjournment of the session of the legislature, at which, by the constitution and laws, their suc cessors 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 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 dis charge the duties appertaining 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 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 pive sufficient security to the treasurers of their re spective counties, before one of the judges of the supreme court, or the two assistant judges of the county court of their respective coun ties, in such manner and in such sums as shall be directed by the legislature. Constitution of Vermont 399 ARTICLE 23. The senate shall be composed of thirty senators, See Art. to 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 frac tion, 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 ap portionment, under the authority of this State, always regarding the above provisions of this article. ARTICLE 24. Section 1. 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 years, or until their successors shall be chosen and qualified, or 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. Section 4. The term of office of senators and town representa tives 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 probate and justices of the peace, shall be two years, and shall commence on the first day of December next after their election. 4O0 Constitution of Vermont ARTICLE 25. Section i. 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 mem bers 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 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 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 there on shall become a part of the constitution of this State. Section 2. The General Assembly shall direct the manner of voting by the people upon the proposed amendments, aud 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. ARTICLE 26. The judges of the supreme court shall be elected biennially, and their term of office shall be two years. ARTICLE 27. Section i. 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 subscribe the following oath, in addition to the oath now pre scribed: "You , do solemnly swear (or affirm) ihat you did not, ai the time of your election io ihis body, and ihat you do not now 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 Constitution of Vermont 401 or indirectly by Congress, and for which emolument is provided from the treasury of the United States. ARTICLE 28. Section i. 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. SYNOPSIS OF THE CONSTITUTION OF VERMONT CHAPTER 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 remedy 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. Restrictions of law martial. 18. Recurrence to principles and adherence to justice, etc., requisite to preserve liberty, etc. 19. Right of emigration. 20. Right of instruction.— Popular assemblies, etc. 21. Transportation for trial forbidden. 402 Constitution of Vermont CHAPTER II. frame OF GOVERNMENT Section I. Organs of government. 2. Legislative power. 3. Executive power. 4. Courts of justice in each county. 5. Court of chancery may be constituted. 6. 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. ID. Executive council. — Manner of election of governor, lieutenant governor, treasurer and councillors. II. Powers of governor and council; to commission officers; ap point officers; fill vacancies; correspond with other States; prepare business for General Assembly; try impeachments; grant pardons and remit fines; take care that laws be executed; draw on the treasury; lay embargo for thirty days; grant licenses; convoke the General Assembly. — Governor to be captain-general. — Lieutenant-governor to be lieutenant- general. — Meetings of the council. — Casting vote of the pre siding 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 governor and council to suspend bills. 17. Drafts on treasury. — Restriction. 18. Residences 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. Constitution of Vermont 403 Section 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. 32. Style of prosecution and indictment. — Fines. 33. Relief of imprisoned debtors. 34. Elections to be voluntary. — Penalty for corruption. 35. . Record of Deeds. 36. 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. articles of amendment I. Foreigners to be naturalized before admitted to the privileges of freemen. 2. House of representatives. 3. General Assembly composed of senate and house of repre sentatives. — ^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 election. 6. Powers incident to the senate.— Lieutenant-governor to be president. — 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. 404 Constitution of Vermont Section 9. Votes for governor, lieutenant-governor and treasurer to be canvassed by General Assembly. — Proceedings in case of no election by the people. 10. Joint assembly to elect officers. — President of the senate to pre side in joint assembly. n. Bills, having passed both houses, to be sent to the governor and signed by him, if approved. — If not approved, to be returned. — If passed, to become laws. — Bills not returned in five days to become laws. 12. Writ of habeas corpus not to be suspended. 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. Number 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 commissioned 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 gov ernor and lieutenant-governor. — Governor may appoint treasurer in case of a vacancy. 22. Securities required of treasurer, sheriffs and high bailiffs. 23. Number and qualifications of the senators. — How elected. — Their apportionment to the several counties. — New appor tionment, when to be made. 24. General Assembly to meet on the first Wednesday in October, biennially. — State and county officers, senators and representa tives to be elected biennially. — Term of senators and repre sentatives. — Term of county officers. 25. Amendments to the constitution, how to be proposed and de cided. — The General Assembly to direct the manner of vot ing on proposed amendments. — Council of censors and con vention 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. Constitution of the United States with Parallel Passages from the Constitution of Vermont the source of political power All power being [is] originally inherent in and consequently derived from the people. — Vt, i :6. THE PURPOSE OF GOVERNMENT Government is, or ought to be, instituted for the common bene fit, 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. — Vt, 1.7. FOUR FUNDAMENTAL RIGHTS. No person shall be deprived of LIFE, LIBERTY, or PROPERTY, without due PROCESS OF LAW.— Art. 5, Amend., Const U. S. THE PURPOSE OF THE CONSTITUTION OF THE UNITED STATES 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. 4o6 Constitution of Vermont Vl^HAT 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 GOVERNMEXT AXD THEIR RELATIONS The legislative, executive and judiciary departments shall be separate and distinct, so that neither exercise the powers properly belonging to the other. — Vt, 2:6., 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 I. The house of representatives shall be com posed of members chosen, ever}' second year, by the people of the several States; and the electors in each State shall have the quali fications requisite for electors of the most numerous branch of the State legislature. 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. — Vt, 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 elec tion 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 Vermont, you will do it so as in your conscience you shall judge will Constitution of Vermont 407 most conduce to the best good of the same, as established by the constitution, without fear or favor of any man." — Vt., 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 natural born citizen of this, or some one of the United States, or until he shall have been naturalized, agreeably to the acts of Con gress. — Vt, 3 :i. 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 until he has resideii 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 con stitution. — Vt, 1 :8. Clause s. Representatives and direct taxes shall be apportioned among the several States which may be included within this Union, according to their respective numbers, which shall be determined by adding to the whole number of free persons, including those 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 repre sentatives shall not exceed one for every thirty thousand, but each State shall have at least one representative; and until such enumer ation shall be made, the State of New Hampshire shall be entithd 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 enjoy the benefit of election as equally as may be, each town within this State, that con sists or may consist of eighty taxable inhabitants, within one sep tenary or seven years after the establishment of this constitution, may hold elections therein, and choose, each, two representatives in 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. 4o8 Constitution of Vermont Clause 4. When vacancies happen in the representation from any State, the executive authority thereof shall issue writs of elec tion 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 .^. Sec. 3. Clause I. The senate of the United States shall be com posed 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 of thirty senators, to be of the freemen of the county for which they are elected, respectively, who shall have attained the age of thirty years, and they shall be elected biennially 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 tlie 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 appointment 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 assembled, in conse quence 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 ,?. No person shall be a senator who shall not have attained to the age of thirty years, and been nine years a citizen of the United States, and who shall not, when elected, be an in habitant of that State for which he shall be chosen. See Amend ments to Const U. S., Art. 14, Sec. 3. Constitution of Vermont 409 Clause 4. The vice-president of the United States shall be pre sident of the senate, but shall have no vote unless they are equally divided. Clause 5. The senate shall choose their other officers, 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 con stitute 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 casting vote, but no other. — Vt., 3 :6. Clause 6. The senate shall have the sole power to try all im peachments. When sitting for that purpose, they shall be on oath or affirmation. When the President of the United States is tried, the chief justice shall preside; and no person shall be convicted without 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 according to law. 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 with out the concurrence of two-thirds of the members present Judg ment, 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 con victed shall, nevertheless, be liable and subject to indictment, trial, judgment and punishment, according to law. — ^Vt, 3 '.7. Sec. 4. Clause I, 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 balloting shall be ascertained, and through which the senators chosen shall be certified of their election. — Vt, 3:5. 4IO Constitution of Vermont 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 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. — Vt, 3:24. Sec. 5. Clause i. 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 num ber 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. Each house of the General Assembly shall judge of the elections and qualifications of its own members.- — Vt, 2 :g. Clause 2. Each house may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concur rence of two-thirds expel a member. The house of representatives may expel members, but not for causes known to their constituents antecedent to their election. — Vt., 2:9. The senate shall have the like 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 pos sessed by the house of representatives. — Vt, 3 :6. Clause J. 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 members 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 convenient 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 sitting. — Vt, 3 :$. Constitution of Vermont 411 Sec. 6. Clause I. The senators and representatives shall re ceive a compensation for their services, to be ascertained by law, and paid out of the treasury of the United States. They shall, in all cases except treason, felony, and breach of the peace, be privi leged 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 private affairs, he has a right to a reasonable compensation. — Vt, 2:24. 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. — Vt, 2:24. 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 States, 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.: governor, lieutenant-governor, judge of the supreme court, treasurer of the State, member of the General Assembly, surveyor-general, or sheriff. — Vt, 2:26. 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. — Vt, 2:26. Sec. 7. Clause I. All bills for raising revenue shall originate in the house of representatives; but the senate may propose or con cur with amendments, as on other bills. Provided that all revenue bills shall originate in the house of representatives, — but the senate may propose or concur with amend ments, as in other bills. — Vt, 3 :%¦ Clause 2. Every bill which shall have passed the house of repre sentatives and the senate, shall, before it become a law, be pre sented 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 objec tions at large on their journal, and proceed to reconsider it If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the 412 Constitution of Vermont other house, by which it shall likewise be reconsidered, 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 (Sunday 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 adjourn ment, prevent its return, in which case it shall not be a law. 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 re consideration, 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 re turned by the governor, as aforesaid, within five days (Sunday 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 pre sentment of such bill, shall prevent its return: in which case it shall not become a law. — Vt, 3:11. Clause 3. Every order, resolution or vote, to which the concur rence of the senate and house of representatives may be neces sary (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 disapproved by him, shall be re-passed by two-thirds of the senate and house of repre sentatives, according to the rules and limitations prescribed in the case of a bill. Sec. 8. Clause I. The Congress shall have power to lay and collect taxes, duties, imposts, and excises, to pay the debts, and pro vide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform through- jut the United States. Every member of society hath a right to be protected in the en joyment of life, liberty and property, and therefore is bound to contribute his proportion towards the expense of that protection Vt, 1:9. "^ ¦ Constitution of Vermont 413 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 legis lature to be of more service to the community than the money would be if not collected. — Vt., i :9. Clause 2. To borrow money on the credit of the United States. Clause 3. To regulate commerce with foreign nations, and among the several States, and with the Indian tribes. Clause 4. To establish an uniform rule of naturalization, and uniform laws on the subject of bankruptcies throughout the United States. Clause 5. 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 counterfeiting the securities and current coin of the United States. Clause y. 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 g. To constitute tribunals inferior to the Supreme Court. 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 con stitute themselves the judges of said court. — Vt, 2:5. Clause 10. To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations. Clause II. To declare war, grant letters of marque and re prisal, and make rules concerning captures on land and water. Clause 12. To raise and support armies; but no appropriation of money to that use shall be for a longer time than two years. Clause 13. To provide and maintain a navy. Clause 14. To make rules for the government and regulation of the land and naval forces. Clause IS and 16. To provide for calling forth the militia to execute the laws of the Union, suppress insurrections and repel in vasions: — To provide for organizing, arming and disciplining the militia, and for governing such part of them as may be employed in the service of the United States, reserving to the States respect ively the appointment of the officers, and the authority of training the militia according to the discipline prescribed by Congress. (27) 414 COXSTITUTION OF VERMONT The inhabitants of this State shall be trained and armed for its defense, under such regulations, restrictions, and exceptions as Con gress, agreeably to the constitution of the United States and the legislature of this State, shall direct. The several companies of militia shall, as often as vacancies happen, elect their captain and other officers, and the captains and subalterns shall nominate and recommend the field officers of their respective regiments, who shall appoint their staff officers. — Vt, 2:22. Clause 17. To exercise exclusive legislation in all cases what soever, over such district (not exceeding ten miles square) as may, by cession of particular States, and the acceptance of Congress, become the seat of the government of the United States, and to exercise like authority over all places purchased by consent of the legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dockyards, and other needful build ings. Clause 18. To make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof. The General Assembly shall have all powers necessary for the legislature of a free and sovereign State. — Vt, 2 :9. Sec. 9. Clause I. The migration or importation of such persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the year one thousand eight hundred and eight, but a tax or dut\' 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., i :i9. Clause 2. The privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion, 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 Assemblv shall make provision to render it a speedy and effectual remedy in all cases proper therefor. — Vt., 3:12. Clause 3. No bill of attainder, or ex post facto law, shall be passed. No person ought, in any case, or at any time, to be declared guilty of treason or felony by the legislature. — Vt, 2 :2o. Clause 4. No capitation, or other direct tax, shall be laid, unless in proportion to the census or enumeration hereinbefore directed to be taken. Constitution of Vermont 415 Clause 5. No tax or duty shall be laid on articles exported from any State. Clause 6. No preference shall be given by any regulation of commerce or revenue to the ports of one State over those of an other; 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 treasury, but in consequence of appropriations made by law; and a regular state ment and account of the receipts and expenditures of all public money shall be published from time to time. No mopey shall be drawn out of the treasury unless first appro priated by act of legislation. — Vt., 2:17. The treasurer's account shall be annually audited, and a fair statement 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 consent of the Congress, accept of any present, emolument, office or title, of any kind whatever, from any king, prince or foreign State. Sec. 10. 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 tender in payment of debts ; pass any bill of attainder, ex post facto law, or law impairing the obligation of contracts, 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 con trol 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 agreement 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 delay. ARTICLE II THE EXECUTIVE DEPARTMENT Sec. i. Clause I. The executive power shall be vested in a President of the United States of America. He shall hold his office 4i'J Constitution of Vermont during the term of four years ; and, together with the vice- president, chosen for the same term, be elected as follows: 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 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 persons voted 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-president, 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 highest 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 the case of the death, or other constitutional dis- ablllly, of the President. The person having the greatest number of voles as vice-president shall be the vice-president, if such num ber he a majority of the whole number of electors appointed; and if no person have a majority, then from the two highest numbers Constitution of Vermont 417 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. The supreme executive power of the State shall be exercised by the governor, or, in case of his absence or disability, by the lieutenant-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 treasurer 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 constitution and laws, their successors are required to be chosen, and not after such adjournment. — Vt., 3 :24. 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 General Assembly, bring in their votes for governor, with his name fairly written, to the constable, who shall seal them up, and write on them "Votes for governor," and deliver them to the representa tive 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 day 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 eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States. No person shall be eligible to the office of governor or lieutenant- governor until he shall have resided in this State for four years next preceding the day of his election. — Vt, 2:30. 41 8 Constitution of Vermont 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 accordingly, until the disability be re moved, or a President shall be elected. 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 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 shall be elected. — Vt, 3:21. Clause 7- 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 shall wittingly and wilfully take greater fees than the law allows him, it shall 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 faithfully 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, whether 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 shall produce evidence that he has before taken the same) ; and also the following oath or affirm ation of office, except military officers and such as shall be exempted by the legislature: THE 0.4TH OR AFFIRM.VTION 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 con- Constitution of Vermont 419 stitution 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 faithfully 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 law. (If an oath), so help you God; (if an affirmation), under the pains and penal ties of perjury." — Vt, 2:29. See also Vt, 3:27. Sec. 2. Clause i. The President shall be commander-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 principal officer in each of the executive departments, upon any subject relat ing 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. The governor shall be captain-general and commander-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- general 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 insur rection, unless by the advice and consent of the senate; and no longer than they shall approve thereof. — Vt., 3 :8. Clause 2. He shall have power, by and with the advice and con sent of the senate, to make treaties, provided two-thirds of the sen ators 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 here in 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 3. The President shall have power to fill up all vacan cies that may happen during the recess of the senate, by granting commissions which shall expire at the end of their next session. 420 Constitution of Vermont 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 in formation of the state of the Union, and recommend to their con sideration such measures as 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 ministers; 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 business with officers of government, civil and military, and to pre pare 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 mitigation of punishment but by act of legislation; he is to expedite the execution of such measures as may be resolved upon by the General 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. Sec. 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 misde meanors. 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 mal-administration. — Vt., 2:24. 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 continu ance in office. Constitution of Vermont 421 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 corruption or unnecessary delay. The judges of the supreme court shall be justices 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 :i4. Judges of probate shall be elected by the freemen of their respec tive probate districts. — Vt, 3 :i7. Justices of the peace shall be elected by the freemen of their respective towns ; and towns having less than one thousand in habitants may elect any number of justices of the peace not ex ceeding 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. — Vt, 3:18. Sec. 2. Clause I. The judicial power shall extend to all cases in law and equity arising under this constitution, the laws of the United States and treaties made, or which shall be made, under their authority; to all cases affecting ambassadors, other public ministers and consuls; to all cases of admiralty and maritime juris diction ; 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, be tween 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 min isters 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 jurisdiction, both as to law and fact, with such exceptions and under such regu lations as the Congress shall make. Clause 3. The trial of all crimes, except in cases of impeach ment, shall be by jury; and such trial shall be held in the State 422 Constitution of Vermont where the said crime shall have been committed, but when not com mitted 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, with out the unanimous consent of which jury he cannot be found guilty. — Vt., I :io. That no person shall be liable to be transported out of this State for trial for any offense committed within the same. — Vt., i :2i. Sec. 3. Clause i. Treason against the United States shall con sist only in levying war against them, or in adhering to their enemies, giving them aid and comfort. No person shall be con victed 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 punish ment 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 proceedings 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 I. 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. Clause 3. No person held to service or labor in one State, under 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 ser vice or labor may be due. Sec. 3. Clause l. New States may be admitted by the Congress into this Union ; but no new State shall be formed or erected within the jurisdiction of any other State; nor any State be formed by the Constitution of Vermont 423 junction of two or more States, or parts of States, without the con sent of the legislatures of the States concerned, as well as of the Congress. Clause 2. The Congress shall have power to dispose of and make all needful rules and regulations respecting 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 legislatures 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 con stitution, when ratified by the legislatures of three-fourths of the several States, or by conventions 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 that no State, 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 pro posals of amendment so concurred in to a direct vote of the free- 424 Constitution of Vermont men 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 Cleneral Assembly shall direct the manner of voting by the people upon the proposed amendments, and enact all such laws as shsll 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, 3:25. ARTICLE VI miscellaneous provisions Clause I. 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 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. Clause 3. The senators and representatives before mentioned, and the members of the several State legislatures, and all 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 interfere with, or in any manner control, the rights of conscience in the free exercise of religious worship. — \'t., i :3. ARTICLE VII The ratification of the conventions of nine States shall be sufficient for the establishment of this constitution between the States so ratify ing the same. ARTICLES IN ADDITION TO AND A:\IEND- MENT OF THE CONSTITUTION ARTICLE I C()ii)j;ress shall make no law respecting an establishment of re ligion, or prohibiting the free exercise thereof; or abridging the Constitution of Vermont 425 freedom of speech or of the press; or the right of the people peac- ably to assemble, 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, i :i3. 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., i :2o. , 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 up ; and that the militia 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. ARTICLE IV The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated; and no warrants shall issue, but upon probable cause, supported 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 warrants 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, 1:1 1. ARTICLE V No person shall be held to answer for a capital or otherwise in famous crime, unless on a presentment or indictment by a grand 426 Constitution of Vermont 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 offence 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 private property be taken for public use without just compensation. That all men are born equally free and independent, and have certain 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, i :i. 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, i :2. Every person within this State ought to find a certain remedy by having recourse to the laws, for all injuries or wrongs which he may receive in his person, property or character; he ought to obtain right and justice freely, and without being obliged to purchase it; completely and without any denial; promptly and without delay, conformably to the laws. — Vt, i 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 b'J confronted with the wit nesses against him, to have compulsory process for obtaining wit nesses in his favor, and to have the assistance of counsel for his defense. ARTICLE VII In suits at common law, where the value in controversv shall ex ceed 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 com mon 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 cor ruption or partiality in the choice and return or appointment of juries. — \'t., 2:31. Constitution of Vermont 427 ARTICLE VIII Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. The person of a debtor, where there is not strong presumption of fraud, shall not be continued in prison after delivering up and assigning over, bona fide, all his estate, real and personal, in pos session, reversion or remainder, for the use of his creditors, in such manner as shall be hereafter regulated by law. And all prisoners, unless in execution or committed for capital offenses, when the proof is evident or presumption great, shall be bailable, by sufficient sure ties; 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 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. — 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, i :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. [The first ten articles of amendment were adopted in 1791.] 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. [Adopted, 1798.] ARTICLE XII See Article II, Section i. Clause 3, of Constitution, page 416. [Adopted 1804.] 428 Constitution of Vermont ARTICLE XIII Sec. I. Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly con victed, shall exist within the United States, or any place subject to their jurisdiction. 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, i:i. Sec. 2. Congress shall have power to enforce this article by appropriate legislation. [Adopted, 1865.] 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 en force any laws which shall abridge the privileges or immunities 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 entitled to exercise the privileges of a freeman, unless he be a natural born citizen of this or some one of the L'nited States, or until he shall have been naturalized, agreeably to the acts of Con gress. — Vt, 3 :i. Sec. 2. Representatives shall be apportioned among the several States according to their respective numbers, counting the whole number of persons in each state excluding Indians not taxed ; but when the right to vote at any election for the choice of electors for President and vice-president of the United States, representatives in Congress, the executive and judicial officers of a State, or the mem bers of the legislature thereof, is denied to any of the male in habitants of such State, being twenty-one years of age and citizens of the United States, or in any way abridged, except for participa tion in rebellion or other crime, the basis of representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the whole number of male citizens twentv-one years of age in said State. Constitution of Vermont 429 Sec. 3. No person shall be a senator or representative in Con gress, or elector of President and 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 insurrec tion or 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 pen sions 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 emancipation 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 appro priate legislation, the provisions of this article. [Adopted, 1868.] ARTICLE XV Sec. I. The right of 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. i. Congress shall have power to enforce this article by appropriate legislation. [Adopted, 1870.] St. Albans Bay, Lake Champlain (28) THE VERMONT STATE FLOWER Laws of 1894. .\n Act to Select a State Flower. Section i. The State Flower of Vermont shall be the Red Clover. Approved November 9, 1894. " Like a leaf of beaten gold. Tremulous to breathing air. Lies the ruddy clover field. Yielding odors rich and rare." — V. G. Maxham INDEX TO GEOGRAPHY Page Page Academies 88 Grain 46 Acreage 45 Grandview 17 Animals, domestic 47 Granite . 57 Animals, wild 48 Granitic Mountains 17 Asbestos 52 Green Mountains 15 Bakersfield 67 Guildhall 66 Barre . 77 Hall's stream 24 Barton 67 Hardwick 77 Bellows Falls 64 Hartford 64 Bennington 73 Highest peaks 15 Benson . 72 Highgate 68 Bethel . 75 Highways 39 Birds 48 Hudson canal 35 Boundaries 13, 21 Hudson River 22, 24 Bradford 65 Hyde Park • 76 Brandon 71 Iron 51 Brattleboro 63 Island Pond 67 Bristol 71 Johnson 76 Burlington 69 Killington Peak 16 Castleton 73 Lakes 27 Cement 52 Lead 52 Champlain, Lake 21, 24 Leicester Junction 71 Chelsea 75 Libraries 88 Chester 74 Limestone 60 Churches 89 Location 13 Clay 52 Ludlow 75 Clyde River 24 Lyndon 66 Colleges 88 Mails 89 Concord 66 Manchester 73 Connecticut River 21, 23 • Mansfield, Mt. 16 Copper 51 Maple sugar 47 Dairying 45, 68 Marble 54 Derby . 67 Memphremagog, Lake 21, 24 East Dorset 73 Middlebury 71 Electric roads 38 Missisquoi River 24 Enosburg Falls 67 Montpelier 77 Essex Junction 68 Morristown 76 Fairfax 68 Newbury 65 Fairhaven 73 Newfane 74 Fish 4-9 Newport 67 Forests 47 Newspapers 89 Fruit 47 Northfield 76 Gold 51 North Hero 68 Gorges 27 North Troy 67 432 Geography of Vermont Page Page Otter creek 24 South Royalton 75 Parallel ranges 16 Springfield 64 Pittsford 71 St Albans 68 Political divisions, etc. 61, 80 St Johnsbury . 65 Poultney 73 Swanton 68 Pownal 74 Taconic Mountains 17 Proctor 72 Talc 52 Questions 32, 40 Telegraph and telephone 89 Railroads 35 Temperature 43 Rainfall 43 Valleys . 18 Randolph 75 Vergennes 71 Readsboro 74 Vernon . 63 Red Sandrock Mountains 17 Wallingford 72 Resorts 30, 79 Wallis pond 21 Richford 67 Waterbury 76 Richmond 68 Waterfalls 25 Rivers 23 Watersheds 17 Rockingham . 64 Waterway 35 Rutland 72 Wells River . 65 Ryegate 65 Westminster . 63 Saxtons River 64 White River Junction 64 Schools . 87 Wilder . . 64 Settlement, first 63 Willoughby Lake 29 Shaftsbury 73 ^^'ilmington 74 Slate 59 Winds 43 Snow +4 Windsor 64 Soapstone 52 Winooski 6S South' Londonderry . 74 Woodstock 75 The Billings Library, University of Vermont INDEX TO HISTORY Action of the U. S. Action, final, of Vermont Albany Convention Annexation, some results of Anti-Slavery Anti-Slavery vote Appeal to Congress Attitude of the people Beginnings made Bennington, settlement of Bennington battle Boundaries of New Hampshire Business enterprises Campaign of 1777 Campaign of 1812 Canada, invasion of . Changes in the Constitution Changes, industrial Church and State Churches Churchills, the City and country Claims of the New York Party . Claims of the settlers Claim, the Southern Clark, Admiral Clark, Colonel . College, Middlebury Colleges of Vermont Commerce, as to Congress resolves Contest, parties to Contraband of war Convention at Albany Convention at Bennington Convention at Manchester Convention at Windsor Conventions at Dorset Conventions at Westminster Conventions, constitutional Counties Course of trade, the Debt, imprisonment for Declaration of Independence, Vermont's Pago 193 193 130 189 235 245 187 148 203 137 164 124 234 160 222 158 264 264 196 196, 206, 240 171 265 141 142 246 261 224 271 273 228 189 187 250 130 141 178 182 : 178, 179 179> 180 183, 184 147, 195, 219 263 229 241 181 434 History of Vermont Page Deerfield, raid against 118 Derby 224 Development 187 Dewey, Admiral 260 Dress . . . . 201 Duke of Kent, the 201 Education 196, 207, 238, 265, 273 Electoral votes . 218 English and French, positions and aims 130 Expedition against the Mohawks "5 Expedition, first English Hi Expedition, Rogers 134 Experiments 198 Exploration, first 113 Exploring parties 122 Farm machinery 241 Fleet ready, American 225 Fort Dummer '21, 127 Fort Dummer, settlements near 125 Fort St. Anne "4 Forts and settlements, temporary 123 Fort Sumter 248 French and Indian Wars . 127, 131 Green Mountain Boys, the 143 Guaranty, Vermont seeks a 192 Hardships 199, 209 Hubbardton i6i Huntington Fund 268 Imprisonment for debt 241 Indians, the 114 Industrial School 268 Johnson captivity 131 Jurisdiction, changed 140 Kindness to strangers 209 Knox, Timothy 139 Lafayette, General, visit of 240 Lake Champlain, on 159. 223 Lake Champlain, Americans possess . 157 Lake Champlain, at the head of 163 Land forces gather 225 Legislature, the 194. 212 Lines, the main 250 Local manufactures 233 Lotteries 210 Lyon, Matthew 202 Mails 212 Matches 241 Middlebury College 271 Military operations, other . 169 Military road, a 131 Index 435 Page Muster, the 251 National Idea, growth of . 245 Newbury, settlement of 138 New administration, the 247 New Englanders, the 164 New Government organized 184 New Hampshire Grants 140 News 140 New York anxious 191 New York appeals to Congress . 190 Niagara frontier, on the 224 Normal schools 268 Northern towns, the . 221 North, the purpose of 246 Norwich University . 272 No slavery 215 Obstacles 188 Other early births 133 Otter Creek, at the m.outh of 224 Otter Creek Falls, at li"^ Our work so far 217 Parties, political 217 Plattsburg saved 226 People, attitude of the 148 Political 222 Population of Vermont 194, 209, 220, 263 President's call, the . 248 Progress . 205 Punishments 213 Regiment, a continental 159 Regiment, first 248 (See also Muster (251) and Service (253). Regiment, Warner's first 157 Railroads 242 Religious activity 26s 263 Representation Resistance overcome . 190 Rewards offered 145 Roads 19s Rogers expedition 134 Royalton burned 174 258 St. Albans raid . St Clair and Warner 162 Schenectady, raid against . 117 128 246 Scouting parties Secession .... Senate introduced, the 219 Service, the 253 Settlement, the first 121 Sheriff Ten Eyck 144 436 History of Vermont South aroused, the Stark, General State Prison Steamboats Temperance reform TiconderogaTown governments Travel Turnpikes Twentieth century, opening of the United States, action of University of Vermont Vermont aroused Vermont content Vermont in 1749 Vermont in 1760 Vermont responds Vermont seeks a guaranty Vermont's contribution War of i8i2 War of 1812 ended Washington sent to the Ohio Westminster massacre Page 249 164 213228234 153176 230 211 274 193 270 249 190 129136 192 192 275 220, 232228 130 149 It is a tradition that the original seal of \'ermont was carved on ox horn by an English officer, and it is authenticated that the first seal for use was cut in steel, perhaps with this as a pattern, by Reuben Dean, a silversmith and machinist of Windsor, formerly of Connecticut, lie lived in Dover from 1796 to 1813, and was town clerk. He served as delegate to the constitutional convention in 1814. His shop was in his house at Windsor, and his handicraft extended to all soils of \vork In metals. A stone now marks his burial place in the old church yard. INDEX TO CIVIL GOVERNMENT Page Adjutant and Inspector General . 336 Agent, town . . 317 Agriculture, Board of 337 Ambassador, etc., 361 Articles of confederation . 353 Asylum, Trustees of the State 337 Amendments . . 311, 364 Attorney-General 327 Auditor, county 328 Auditor of Accounts . 327 Auditors, town . 317 Australian system 325 Ballots 325 Bank Examiner 337 Beginnings of government . '355 Bills . 333 Cabinet . . 360 Cattle Commissioners . 339 Caucuses . . 322 Chancery, Court of 341 Circuit Courts ....... 362 Citizenship, rights and duties of . 298, 344 City, powers and duties of 320 City, the 319 Civil Authority, Board of '315 Claims, Court of, Vermont 341 Claims, Court of. United States 363 Clerk, county 328 Clerk, town , 315 Committees, legislative 360 Committees, reports of 306 Congress . . . 357 Constable . 316 Constitution, a . . . 306 Constitution of the United States . . 405 Constitution of the United States, amendment 364 Constitution of the United States, analysis . 366 Constitution of the United States, formation 354 Constitution of Vermont 379, 405 Continental Congress . .352 Conventions 322 County appointments 326 County courts . 327, 340 County officials, duties of . . . 327 438 Civil Govern.ment of Vermont Court of Vermont Courts of the United States Dental Examiners Departments of government Departments of government. United States Disposition of a proposition District Courts Election of Congressmen Election of House and Senate officers . Election of Senators Examiner of teachers, county Executive department Exemptions Expiration of office Facsimiles Fish and Game Commissioner Forest Commissioner Freeman, etc., definition Freeman's oath Freemen's meeting Freemen's meeting, officers voted for . General Assembly General elections Geologist, State GovernmentGovernment of the United States Government, roots of Governor and Lieutenant-Governor Grand Jurors, town Health, Board of High Bailiff Highway Commissioner Incorporated villages Insane, Supervisors of Instructions to voters, facsimile Insurance Commissioners Introductory note Judge Advocate General . Judges, assistant Judges of Probate Judges of Supreme Court Judges, Superior Judiciary Department Juries, grand Juries, how chosen Juries, Justice Court . Juries, petit Justice ballot, facsimile Justice courts Justice of the Peace, duties of . 340362 339 330356 362, 311363 358 3 59 334, 359 329, 339 360 357 338 370-375 338 337 317 298 324 326 324, 331 326 305. 321, 337348 349 351 330316 337328336 319 337 372 327 297336 327328 340 341362 342, 342363 342, 343 342 374 341, 342 328 Index 439 Page Justice of the Peace, election of . . . 323 Legislative Department, State . 331 Legislative Department, United States 357 Letter from George Washington 378 Library Commissioners . 339 Listers .... . 317 Majority, etc._, definition of . . 309 Mayor, the ... . 319 Medical Registration, Board of . . 339 Moderator . . . 315 Motions, kinds of 311 Motions, putting of 310 Municipal Courts . . 341 National ballot, facsimile 374 Naturalization . . 318 Nomination of State officers . . . 322 Offenses vs. purity of elections, facsimile of notice . 370 Normal School Commissioners . . ... 339 Officers appointed by the Governor . . . . J38 Officers appointed by Governor, confirmed by Senate . . 336 Officers elected by General Assembly . . . . 335 Officers, town . . ... 315 Organization, method of ...... 307 Organization of society ...... 305 Osteopathic Examination, etc.. Board of . 339 Overseer of the Poor . ..... 316 Parliamentary rules . ..... 309 Pay of town officers . . . . . . . 315 Penal Institutions, Board of ..... 338 Pharmacy, Board of . ...... 339 Political parties ... .... 321 Posting of laws, etc. . . . ... 325 President . . .... 360, 361 Presidential elections 323, 329 Presiding officer . ... 307 Principles of conduct ...... 298, 305 Probate Court . .... 328, 341 Probation officer ...... 329 Public Printing, Commissioner of .... . 338 Purity of elections, facsimile of 37° Quartermaster-General . ...-336 Quorum 308, 358 Railroad Commissioners .... . . 337 Ratification .... .... 355 Reports of State officers 326 Representative ballot, facsimile .... -373 Representatives, assignment of . . . . . . 358 Representatives at large . . . . 359 Representatives, election of . . . ¦ 322 440 Civil Government of Vermont Page Representatives, House of . 332 Salaries of United States officers 357. 362 School directors 317 Schools, support of 345 School virtues , 300 Secretary of State 327 Selectmen 316 Senate 331 Senators, United States 335 Sergeant-at-Arms 335 Sheriff 328 Slaves, status of 355 Special powers of each house 33i> 332 Special powers of each house, national 359. 360 Special town meetings 315 State officers' ballot, facsimile 375 State officials, duties of 326 State's Attorney 328 Superintendent of Education 335. 339 Superintendents, town 317 Superior judges 340, 341 Supreme Court of Vermont 340 Supreme Court of the United States 362 Taxation 345 Taxes, Commissioner of State 337 Tax notice 373 Territorial courts 363 Town and city elections 314. 319 Town meetings, special 315 Town officers, election and duties 315 Town, powers and duties 313 Treasurer, town 316 Treasurer, county 328 Treasurer, State ¦ 326, 327 Tuberculosis Commissioners 339 Union of States 355 Virtues to be cultivated 303 Volters, qualifications of 317. 324 Voting, methods of 308 Ward system 319 Warning for city election, facsimile 370 Warning for freemen's meeting, facsimile 371 Warning for presidential election 371 Warning for special meeting 371 Warning for town meeting 373 Warning of elections 325 LIST OF ILLUSTRATIONS Act of Admission . Allen, capture of Ticon deroga Allen, home Allen, memorial tower Allen, statue American, first Arsenal building, Vergennes 70 Ascutney mountain Athens, soap-stone . 53 Bakersfield, Brigham Academy . 67 Barnard, Silver Lake . 42 Barre, Goddard Seminary 77 Barre, granite shed 58 Barstow, John L. 289 Barton, Crystal Lake 34 Bell, Charles J. 290 Bellows Falls . 19 Bellows Free Academy . 83 Bennington — battle, plan . 169 battle, last survivors 166 battle monument 168, 170 catamount tavern memorial 167 center, old . 144 first meeting-house . 206 school 85 plan . 177 Soldiers' Home . 257 Bethel . . -59 Bill of Credit 135 Billings Library . 432 Black River . . 23 Bolton Falls dam . 25 Bradford Academy 266 Bradford, Clark birthplace 261 Brandon, falls 69 Brattleboro — school . 84 stamp . . 243 Sergeant tombstone 133 Bridgeman fort . 129 Page Page 204 Bridport, plan 62 Brigham Academy 67 156 Brigham, Paul 283 144 Burgoyne's kettle 170 155 Burlington — 152 Bay 69 113 Allen tower . 155 3 70 Billings Library 432 !, 57 High School . 267 University of Vt 86, 19 Burr and Burton Seminary 74 Butler, Ezra 284 Canal boat . 231 Carver's Falls . 26 Castleton Normal School 87 Castleton River . 26 Catamount Tavern memorial 167 Cavendish, Johnson stones 132 Cents of 1776 and 1785 191 Chair, old-fashioned . 139 Champlain monument . 113 Champlain, Samuel de . ,115 Chittenden, Martin 284 Chittenden, Thomas . 283 Clarendon, Harrington monument . 216 Clarendon Springs 62 Clark, Adm., birthplace 261 Coach, old 151 Collamer, Jacob . 293 Colonial costumes 131 Connecticut River 19, 21, 203 Constitution House 184 Constitution of Vermont, title page . . 186 Converse, Julius 288 Coolidge, Carlos 285 Copper mines 53 Corn crusher . 139 Court House — Westminster 149, 150 Woodstock 145 Crafts, Samuel C. 284 Crystal Lake . . 34 442 Conant's Vermont Danby, road building Danville — library Phillips Academy West, Joe's Pond Dewey, George Dillingham, Paul Dillingham, W. P. Dorr, Julia C. R. Drill, high school Ducking stool Dummer, Fort Duxbury, North Eagle, American Eagle camp beach Eastman, Charles G. Eaton, Horace Edmunds, George F. Edmunds high school Election, first Equinox mountain Fairbanks, Erastus Fairbanks, Horace Fairfax, Bellows Free Academy Fairhaven, falls Fairhaven, school . Fairlee, Lake Morey Farnham, Roswell Fenian raid Flag, American 130, 153, Flag, Vermont Fletcher, Ryland Foot, Solomon Fourteen mile drive Franklin, school French and Indian War, battle French, Wm., tombstone Fuller, Levi K. Galusha, Jonas Garrison house Getlysburg monuments 252, Goddard Seminary Gookins Falls Gordon's landing Governors 283- Granite quarry Granite sheds Granite team Page Page 38 Green Mountains . 14 Greensboro, Caspian Lake 30 88 Grout, Josiah 290 239 Hall, Hiland 286 29 Hardwick, granite shed 58 260 Harrington monument . 216 287 Hartford monument 256 289 Hathaway's Point 13 276 Hazen Road marker 171 300 Hendee, George W. 287 215 Holbrook, Frederick 287 122 Horn-book 301 24 Horse-shoe, old 233 262 Houses, early 138 22 Hubbardton battle, plan 162 276 Hubbardton monument 1.63 285 Indian 113 293 Indians — 267 belt 142 296 burning house 117 14 chief 121 286 fights 114, 116 288 hunting 120 implements 125, 127, 128 83 135. 137, 210 26 outbreak 119 85 road 18 31 trading 121 288 treaty 136 218 war dance 118 262 wigwams 120, 134 281 Iroquois, fights with 114 286 Isle La Motte, site of fort 123 293 Jennison, Silas H. 285 31 Joe's Pond 29 300 Johnson, Lamoille . 24 Johnson Normal School 87 116 Johnson stones 132 151 Kettles, old 212 289 Killington 16 283 Lake Beebe 31 138 Lake Bomoseen 39 255 Lake Caspian 30 77 Lake Champlain 22, 37, 69, 117 27 Lake Dunmore 49 37 Lake Echo 31 ¦291 Lake Hortonia 31 56 Lake Memphremagog 20 58 Lake iMorey . 31 59 Lake St Catherine 42 List of Illustrations 443 Page Lake Willoughby . . 79 Lamoille River . 24, 26 Leicester, Silver Lake . 34 Library, Danville . 88 Logging scenes 17, 21 Lyndon Institute . 216 Manchester ... 75 Burr and Burton 74 Mt. Equinox . 14 Soldiers' monument 158 Mansfield 15 Maple sugar grove 48 Marble mills 55 Marble quarry 54 Marsh, Joseph -330 Mattocks, John 285 McCullough, J. G. 290 Meeting house, first 206 Middlebury College 86 Middlebury falls 28 Middlebury school . 376 Middletown Springs, school 92 Minuet . 244 Minute man 225 Montpelier . 78 Allen statue 152 plan . 195 Seminary 78 State houses 324, 325, 329 Monuments — Allen . 152 Bennington 168, 170 Burgoyne . 164 Catamount Tavern . 167 Champlain 113 Chittenden . 304 Gettysburg 252, 255 Harrington . 216 Hartford . 256 Hubbardton . 163 Manchester 158 Royalton 175 Rutland 173 Story 200 Morey Lake . 31 Morrill, Justin S. . 293 Morrisville, Lamoille 26 Mt Holly, train . 36 Neshobe River, falls 69 Page Newbury — plan 313 Seminary 208 toll bridge 211 Newport 20 Normal schools 87 Northfield, school 266 Norwich University 77 Ormsbee, E. J. . 289 Otter creek . . 185 Otter creek falls . 27, 28 Oven, old-fashioned 148 Page, Carroll S. 289 Page, John B. 287 Paine, Charles . 285 Palisade house n8 Palmer, William A. 284 Partridge, Alden 272 Pastures 147 Peck, Asahel 288 Philip, King . 121 Phillips Academy 239 Pico, Mt 17 Pillory 213 Pingree, Samuel E. 289 Plough, old 233 Poultney — ¦ East, building 89 slate quarry 73 Troy Conference Ac ademy 377 Proctor — falls 28 mills 55 school . . 376 Proctor, Fletcher D. 291 Proctor, Redfield . 288 Punishments, early 207, 213, 214 Puritan maid 124 Quechee Gorge 27 Randolph . 76 Randolph Normal School 87 Road building . ¦!8 Robinson, John S. . 286 Robinson, Moses . . 283 Robinson, Rowland E. . 278 Rockingham, old church 91 Royalton, burning . 172 Royalton, monument . 17^ 444 Conant's Vermont Royce, Stephen Rutland — Center . . 27, Fort, site old scale works State House West, quarry Samplers 231, Saxe, John G. Saxtons River, Vermont Academy Scale works 65, Schoolmaster, old-fashioned School, old-fashioned 197, Schools — • Bellows Free Academy BenningtonBradford Academy Brattleboro Brigham Academy . Burlington Burr and Burton Fairhaven Franklin Goddard Seminary . Lyndon Institute Middlebury Middlebury College Middletown Springs Montpelier Seminary Newbury Seminary NormalNorthfield Norwich University Phillips Academy Proctor . Springfield St Albans St. Johnsbury Academy Troy Conference Ac ademy University of \'t. 86, Vermont Academy Vermont Industrial Wallingford Waterbury Wilmington Woodstock Sert^ennt stone 286 55 173 7172 242 54 232 271 377 72 197 237 83 85 266 8467 267 74 85 300 77 216 376 869^ 78 208 87 266 77 239376 82 208 66 377198 377 70 90 90 9284 133 Page Settlers, early 117, 119, 140, 174 185, 202, 209, 241 Shrewsbury Pond . . 259 Silver Lake, Barnard . 42 Silver Lake, Leicester 34 Skinner, Richard . 284 Slade, William . . 285 Slate quarry, Poultney . 73 Smith, E. C. 290 Smith, Israel 283 Smith, J. G. . . 287 Soap-stone quarry . 53 Soldiers' Home . 257 Spade, hand-made 205 Spinning . 141, 201 Springfield . i8, 23, 63 Springfield, school 82 Springfield, Indian road 18 Stamp, Brattleboro 243 Stamp, British . 143 Stark, General . . 165 State Industrial School . 70 State House, Rutland . 242 State Houses, Montpelier 324 325. 329 Steamboat, early . 60 Stewart, John W. . 288 Stickney, William W. 290 Stocks . 213 Story, monument 200 St. Albans Bay . 429 St Albans depot . '^<; St Albans plan . 68 St Albans raid . 258 St Albans, school . 208 St .^nne, Fort, site . 123 St. Johnsbury Academy . 66 St. Johnsbury, scale works 65 Strafford Falls . 445 Sutherland Falls . 28 Tea-set, old Thanksgiving, first Thetford, North Tliompson, Dana P. Tichenor, Isaac Ticonderoga, capture of Ticonderoga, Fort . Tithing-man Toll bridge . Transportation, early 229139 203278 283 156 154 196 211 217 List of Illustrations 445 Page Page Troy Conference Academy 377 Westfield, Hazen marker 171 Underhill, Mt Mansfield 15 Westminster — Van Ness, Cornelius P. . 284 Court House 149, 150 Vergennes, arsenal 70 plan 180 Vergennes, Industrial Schoo 70 William French tomb Vermont — stone 151 Academy 377 White River Junction . 64 seal 436 Wilcox Point 117 State flower 430 Williams, Charles K. . 286 University of 86, 198 Williston, Chittenden Vernon, Bridgeman Fort 129 monument 304 Vershire, copper mines . 53 Wilmington, school 92 Wagons, old-fashioned 196 Windsor 57 Wallingford, school 90 Windsor, Constitution House 184 Washburn, Peter T. 287 Windsor plan 183 Waterbury, school 90 Winooski River 24, 25 Waterbury, Winooski 25 Winter scene 14 Weather signals 43 Woodbury, Urban A. 290 Weaving room 233 Woodstock Court House 145 Well sweep . 274 Woodstock, school . S4 Wentworth, Benning 125 Woods school building 267 Old city falls, Strafford (29) Do not forget to examine a copy of Conant's Vermont, revised by Mason S. Stone, when making up list of studies for schools in your town or district. Desk copies for teachers' use are free when introduced into any school. FTc-^, __..J New Primary Historical Reader OF VERMONT Ex-Lt.-Gov. Geo. N. Dale wrote the publishers as follows when the first edition was announced : Island Pond, Vt, December 29th, 1894. THE TUTTLE COMPANY, Rutland, Vt. My Dear Sirs: "Your attention has been attracted to one of the greatest educational wants of the State, viz. : a good local history for our primary schools. Children can be taught the significance of history in no other way as well as from events near by. The ingenious man who sup plies present wants with a book which shall thus teach the uses of history, bring the scholar's own locality into ^^ prominence and make the subject comprehensible to the child, will be in the field without a competitor. Of course I have given the subject no thought as to formulating a theory of such a work and can say no more than has occurred to you already, vi.'.. : Make it clear, plain, within the easy comprehension of the student, and so that each event or incident dealt with shall show a relation to the life and purposes of the State. *.***•»•***•* In regard to a history of each county: if you accompany each with a neat little county map, together with a sketch of its settlement, where the settlers came from, their character, habits, purposes, etc., it might add to lis interest and usefulness. Of course each would, of neces sity, be very brief, comprehensive, and pure in a literary point of view, so as to educate the literary taste as well as impart historical information." I remain, very sincerely yours. THE TWO VERMONT TEXT-BOOKS Conant's Vermont Revised by Mason S. Stone Vermont Historical Reader 8@"Conant's Vermont you are familiar with. It is now revised by Mason S. Stone. We have prepared a new edition of the Ver- mont Historical Reader, fully revised, with new illustrations, and additional chapters, bringing the book up to date. The book is especially prepared for Primary Schools, third grade, and for sup plementary work ; it is attractively bound, and will please the boys and girls of Vermont. The book should be seen and examined by every school Superintendent, school Director and Teacher. INTRODUCTION PRICES Conant's Vermont, regular $1.25 Introduction price to schools i.oo Vermont Primary Historical Reader, regular. .60 Introduction price to schools .45 Correspondence Solicited THE TUTTLE CO., PUBLISHERS, Rutland, Vt. Conant's Geography History and Civil Government of Vermont and Civics of the United States Revised by MASON S. STONE State Superintendent of Schools of Vermont. "Conant's Vermont" consists of a geography, history, and civil government of the state ALL IN ONE BOOK. The publishers have issued a new edition of the book containing important changes and other new features. Principal Edward Conant, formerly of the Ran dolph Normal School, ':he author, spared no pains to have it correct in every detail, and Mason S. Stone has added a new civil government treatise. In the historical part, Mr. Conant was assisted by State Librarian Hiram A. Huse of Montpelier, and other well known historians and educators of the state It is expected it will be used in every grammar and high school of the state. The work is printed from new type, in ten point, well W%de^, and is profusely illustrated. Among the illustrations are pictures of the marble, granite, slate and soapstone quarries, portraits of every Governor of the state, Bennington Monument Hubbardton Monument, Fort Dummer, Fort Ticonderoga, Burlington Harbor, Newport, State Normal Schools, State House, with views of various mountains, lakes and rivers of the state, and public buildings in several towns including many High Schools. Eight engraved maps were made especially for this work. This book meets a demand in our schools for a complete text-book on Vermont, and all Teachers and Educators welcome a state book so well adapted for all schools in the state, covering its History, Geography and Civil Go\ernment. The publishers have embodied many new features in the work and take pride in the same. The hook is a i2-mo. size and contains 445 pages, handsomely and strongly bound in cloth. Every county receives attention, as regards its prominent features, and the book is as near perfect as possible on the subjects treated. This School History, Geography and Civil (jOverniTieni witli Constitution of \'ermont is the only one published in \'ermont by Vermonters. Single I'opies, by mail, prepaid, $1.25. S^riiiil price in quantitirs for school introduction. Correspond with THE TUTTLE COMPANY, :: Publishers, :: RUTLAND, VT. LAWS OF VERMONT (Copied) In every town there shall be kept for at least twenty-eight weeks in each year, at the expense of said town, by a teacher or teachers of competent ability and of good morals, a sufficient number of schools for the instruction of all the children who may legally attend all the public schools therein ; and all pupils shall be thor oughly instructed in good behavior, reading, writing, spelling, Eng lish grammar, geography, arithmetic, free hand drawing, the history and constitution of the United States, and in elementary physiology and hygiene, with special reference to the effect of alcoholic drinks and narcotics on the human system, and shall receive special in struction in the geography, history, constitution and principles of the ,'^overnment of Vermont Public Statutes, Section 1003, Chapter 46. Are you meeting all the requirementsiof above law? Conant's Vermont Complete, and Vermont Primary Historical Reader are published expressly to meet the requirements of above law. Please examine them. THE TUTTLE COMPANY, Rutland, Vt. YALE UNIVERSITY LIBRARY 3 9002 01436 1993 THE TUTTLE COMPANY INCORPORATED . The_„Vermoat lcr74,7 'lf^LE«¥]M]I¥EI^Sflir¥- » ILUIBI^^mf " 191t 50 00 SO Just the Book for Vermont Boys and Girls. Only 60 cents by mail pre paid. Introduction. 45 cents. THE TUTTLE COMPANY ESTABLISHED 1832 11 and 13 Center Street Rutland, Vermont We Occupy New Four Story Brick Block •¦/J^ft-: ^ISiyvSV