^m :i*: h '- ?r-5^^7x? McatsJJhjy ■^■r. JOU UN A h OF THE CONSTITUTIONAL CONVENTION. HOLDEN AT MONTPELIER, ON THE SECOND DAY OF JANUARY, A. D. 1850, AGHEEABLE TO THF, Ordinance of the Conncil of Censors : MADE ON THE T-\VENTY-EIGHTH DAY OF FEBRUARY, 1849, TO CONSIDER CERTAIN AMENDMENTS PROPOSED TO THE CONSTlTrTION OF THE STATE OF VERMONT. PUBLISHED BY ORDER OF THE CONVENTION. BURLINGTON : • BNTINEL OFFICE PRINT. 1860. ->2 JOURNAL. (jS tlie first Wednesday of January, A. D, 1850, it bc-ing the 2d day of January, A, D. 1850, pursuant to the Ordinance of the Council of Censors, made on the 28th day of February, A. D. 1841), the Delegates from the several towns in the State of Vermont mot at Montpelier for the purpose of taking into consideration the amendments, alterations and additions to the Constitution of the State of Vermont, proposed by the Council of Censors on the 28th day of February, A. D. 1849. The Convention being called to order by Mr. Townsley, LUTHER B. HUNT, of St. Albans, was appointed Chairman, p/o tempo I e; LUCIUS H. NOYES, of Hydepark, Secretary, pro tempore ; and HENRY E. STOUGHTON, of Chester, Assistant Secretary, pro tempore. The following named persons appeared, produced their credentials, and took their seats as members of the Convention, viz : BENNINGTON COUNTY. Arlington, .... Martin C. Deming, Bennington, Dorset, Glastonbury, Laridgrove, Manchester, Peru, Pownal, Readsboro', Rupert, Sandgate, Thomas McDaniels, G. B. Hawlet, Asa G. Hewes, .Tames Martin, Leonard Sargent, Stephen Dudley, Wm. R. Blanchard, Isaac Esty, Nathan Burton, ,*MG2|4, CONSTITUTION A i. CONVENTION. Searsburgli, Shafts!) 11 r}', Stamford, SiHulerliuid, Winliall, . Woodford, Atheiw, Brattleboro', Brookline, . Dover, Dummerston, Graftx)n, . Guilford, Halifax, . Jamaica, Londondorr}^, Marlboro' Newfane, Putney, Rockingliam, Somerset, Stratton, . Townsend, . Vernon, . VVardsboro', Westminster, Whitingiiam, Wilmington, Windham, . Benson, Brandon, Ciistleton, . Chittenden, Clarendon, Dnnbv, Joseph Grosier, Samcel Ames, Obed Hall, Edmuxd a. Graves, Beriah Wheeler, Aloxzo Fox. WINDHAM COUNTY. Mark Ball, .. Calvi>- Towksley, Hiram Whitney, Asaph Haskixs, Asa Dutton, Abishai Stoddard, JoH.x Ltnde, Timothy Larrabee, Joel Holton, n Sem Peirce, Phinkas Mather, Charles K. Field, , . vVilliam H0UGHT0>r, Jeremiah Barton, Joseph Morse, Amos Parsons, John Roberts, Nathan Wood, Henry Rice, David Gorham, Hosea F. Ballou, Eleazer Gorham, Jr. William Harris. RUTLAND COUNTY. Loyal C. Kellogg, Josiah W. Hale, Almon Warner, Capen Leonard, Thomas Stewart, G. J. Lock, CONSTITUTIONAL COjNVENTIO.X. Fairhavcn, . Hubbardton, Ira, Mcndon, Middletown, Mount Holly, Mount Tabor, Pawlet, . Pittsfield, Pittsford, Poultney, Rutland, Slierbume, . Shrewsbury, Sudbury, Tinmouth, Wallingford, Wells, . West Haven, Andover, Baltimore, . Barnard, Bethel, Bridgewater, (Cavendish, . Chester, Hartford, Hartland, Ludlow, Norwich, Plymouth, . Pomfret, Reading, Rochester, Royalton, Sharon, . Springfield, Abram Graves, Chauxcey S. Rumset, Leister Fish, Jonas Wheeler, t Jonas Clark, John Bryant, Benjamin B. Britton, Robert H. Smith, George McCollcm, German F. Hendee, John Lewis, John Johnson, Wm. Mathewson, Thos. J. Goodrich, Eliada Cramton, Harvey Button, Nathan Francis, James Forbes. WINDSOR COUNTY. John Adams, Levi Piper, Daniel Aiken, Calvin Morse, Ovid Thompson, John F. Deane, H. E. Stoughton, J. L. Loverin, Eben M. Stocker, Alexander Barton, Alba Stimson, Levi Slack, Alonzo L. (Jhamberlin, RUFUS FoRBCSH, Artemas Cushman, John S. Marcy, Warren C. French, Wm. W. Whitney CoNSTl I UTiuNAL CO:n VEiNTION. Stockbridge, . Weathersfield, Weston, Windsor, Woodstock, West Windsor, Addison, Bridport, Bristol, . Cornwall, Femsburgh, Goshen, Granville, Hancock, Leicester, Lincoln, Middlebury, .Monlrton, Now Haven, . Orwell, . Panton, Ripti)n, . Salisbury^ Shoreham, Starksboro', Vergennes, Waltham, Weybridge, Whiting, Bradford, Braintree, Brooldield, Chelsea, Corinth, Fairlee, Justin Morgan, Wm. M. Pingrey, Stkphen Smith, Carlos Coolidge, Norman Williams, Samuel Parker. ADDISON COUNTY. Joseph Hayward, Calvin Solace, Horatio Needham, Marcus O. Porter, . - . Nicholas Guindon, Silas D. Gale, Amasa Eaton, Zera Barnes, John Bullock, » . . RussEL Tabor, Ozias Seymour, Alson Collins, Elias Bottum, Israel Smith, Silas Pond, Daniel Chipman, Cyrus Bump, Davis Rich, Theron Downey. George W. Grandey, Rollin Everts, Edwin Hayward, Whitfield Walker, ORANGE COUNTY. John B. Woodward, Levi Tracy, Frederick G. Bigelov/, Levi B. Vilas, William Spencer, John McLane, CONSTH U nONAli COiNVENTION. Wcft Fairlee, Newbury, (Dranjre, Randolph, . Strafford, Thetford, . Topsham, Tunbridg-e, Versliire, Washington, Williamstown, Burlington, Bolton, Charlotte, Colchester, Esse'j, Hinesburgh, Huntington, Jericho, Milton, . Richmond, . Shelburne, St. George, Underbill, Westford, Williston, CHITTENDEN WASHINGTON Barre, Berhn, Calais, Duxbury, Fayston, Marshfield, Middlesex, Montpelicr, East Montpelicr, Stephen Thomas, Joseph Atkinson, LcTHER Carpenter, Philander Perrin, Royal Hatch, Lyman Hinckley, John W. BATCHEtnEn, Zebina Whitney, William Boardman, Lyman Peri go, William S. Beckltt. COUNTY. John N. Pomeroy, John Ptneo. Joel S. Bingham, Hezekiah H. Bates, Jesse Carpenter, ' Elmer Beecher, John Work, Jerome J. Beardsley, Hector Adam.?, E. B. Green, Garrad Burritt, Reuben Lockwood, Martin C. Barney, David S. Haselton, Eli Bronson, COUNTY, John E. Palmer, Joseph Hill, N. A. Chase, Arad E. Graves, Willard B. Porter, Jonathan Goodwin, Oliver A. Chamberlin, Jeremiah T. Marston, Hazen Lyforp, CONSTITUTIONAL CONVEiNTION. Moretown, Nortliticld, Plaiiifield, Roxbury, Waitsfield, Warren, Waterbury, Woodbury, Worcester, Baniet, Burke, Cabot, Danville, Groton, . llardwick, Kirby, Lyndon, Newark, Peachani, Ryegatc, Sheffield, St. Johnsbury, Sutton, Walden, Waterford, Whcelock, . Bakersfield, Berkshire, . Enosburgli, Fairfax, Fairfield, Fletcher, Franklin, Georgia, llighgatc, Roger G. Bulkley, m0se3 robi.nsox, Nathaniel SiierlIan, Thomas R. Shaw, Benjamin Reld, Jr. De.vslow Upham, Eliakim Allk-n, Ira McLold, Allen L. Vail. CALEDONIA COUNTY. Franklin J. Eastman, Benjamin F. Belding, John R. Putnam, William A. Palmer, Isaac N. Hall, a. e. judevine, Merrit Newhall, Thomas Bartlett, Jr. L. M. Sleeper, James Clark, Harry Moore, James Roberts, Gardner Wheeler. George W. Roberts, Daniel Wooster, Barron Moulton, Samuel F. Shattuck. FRANKLIN COUNTY. William C. Wilson, Jasper Rand, Samuel H. Stevens, Asa S. Gove, Bradley Barlow, Reuben Armstrong, Charles Felton, Alvah^Sabin, Benjamin Pbak, CONSTITUTIONAL CONVENTION. Montgonier}-, • » • Hiram Rawson, Richford, . • • Arad W. Sears, Sheldon, • • • Alfred Keith, St. Albans, • • • Luther B. Hunt, Swanton, • • . Isaac B. Bo^vdish. LAMOILLE COUNTY. Belvidere, * . • Phineas Carpenter, Cambridge, . Giles A. Barber, Eden, . Samuel Plumley, Elmore, . . George W. Bailet, Hydepark, . Lucius H. Noyes, Johnson, . . Stoughton S. Pike, Morristown, . Horace Powers, Sterling', • * • Baruch Darling, Stowe, • « 0. VV. Butler, Watendlle, • • Jesse C. Holmes, Wolcott, • Samuel Penngck- ORLEANS COUNTY. Albany, • Nathan Beede, Barton, . Samuel A. Willard, BrownLngton, • • Charleston, • Elijah Robinson, Coventry, a • Isaac Parker, Craftsbury, • • Nathan S. Hill, Derby, . J6hn L. Edwards, Glover, . H. S. BiCKFORD, Greensboro', . . Hamilton Stimson, Holland, • Jason Hinman, Irasburgh, Thomas Jameson, Jay, . Willard Walker, Lowell, . Andrew Dodge, Morgan, . . Samuel Daggett, Newport, • • William Moon, Salem, . Noyes Hopkinson, Troy, . Frederick Fuller, Westfield, . • . Jairus Stebbins, VVestmore, 2 • Thomas K. Bruce. 10 CONSTITUTIONAL CONVENTION. ESSEX COUNTY. Bloomficld, . . . Schuyler W. Holbrook, Brighton, .... John Stevens, Brunswick, , . . John D. French, Canaan, .... William Rich, Concord, .... Harvey G. Fry, East Haven, .... Horace B. Coe, Granby, .... Guildhall, .... William IIeywood, Jr. Lemington, . . . Beach Blodgett, Lunenburgli, .... Reuben C. Benton, Maidstone, . . . Charles Stevens, Victory, .... William M. Stearns. GRAND ISLE COUNTY. Alburgh, .... William L. Soules, Grand Isle, .... Norman Gordon, Isle La Mott, . . . Dorus V. Goodsell, North Hero, .... Augustus Knight, South Hero, . . . Orange Phelps. On motion of Mr. Field, it was Ordered, That when the Convention adjourn, it adjourn to meet at three ■o'^clock this afternoon. The Convention adjourned. CONSTITUTIONAL CONVENTION. 11 AFTERNOON. The Convention met pursuant to adjournment. On motion of Mr. Field, it was Ordered, That when the Convention adjourn, it adjourn to meet at 10 o'clock to-morrow morning. The Convention adjourned. . THURSDAY MORNING, JANUARY 3. The Convention met pursuant to adjournment. The journal of yesterday was read and approved. On motion it was Ordered, That Benjamin Peake of Highgate, Alba Stimson of Norwich, Orange Phelps of South Hero, William Moore of Newport, James Mar- tin of Landgrove, and Phineas Carpenter of Belvidere, be admitted dele- gates without producing their credentials. Mr. Beardslet introduced the following resolution, viz : Resolved, That the credentials presented by Giles A. Barber are suffi- cient to entitle him to be enrolled as a delegate to this Convention, from the town of Cambridge. Which was read. ^ Mr. Marcy moved that the said resolution be laid upon the table, tmd on this motion demanded the yeas and nays, whicli were taken anc\ jire as follows : 12 CONSTITU riONAL CONVENTION. Those who voted in the afRrmative, Adams, of Andover, Adams, of Milton, Armstrong, Ballon, Barlow, Barton, of Ludlow, Barnes, Barney, Beecher, Bingham, Blanchard, Bottom, Bryant, Bruce, Burton, Button, Bullock, Carpenter, of Essex, Carpenter, of Orange, Clark, of Middletown, Cramton, Crosier, Cushman, Daggett, Deane, Dodge, Eaton, Edwards, Everta, Field, Fish, Forbes, Forbush, Fox, Francis, French, of Sharon, Fuller, were Messrs. Gale, Gorham, of Westminster, Graves, of Duxbury, Graves, of Fairhaven, Harris, Hayward, of Addison, Hayward, of Weybridge, Hawley, Hinman, Holbrook, Haskins, Houghton, of Putney, Jameson, Johnson, Knight, Larrabee, Leonard, Lewis, Lockwood, Lynde, Marcy, Mather, Mathewson, Moon, Morse, of Somerset, Morgan, Moulton, Palmer, of Danville, Parker, of Coventry, Parker, of West Windsor, Parsons, Peake, Peirce, Phelps, Pond, Rawson, Rice, CONSTITUTIONAL COMVENTION. 13 Rich, of Shoreham, Roberts, of Townshend, Riimsey, Sabin, Sargent, Se3miour, Slack, Smith, of Orwell, Smith, of Pawlet, Soules, Stevens, of Enosburgh, Stewart, Those who voted in the negative, Aiken, Ames, Atkinson, Bailey, Ball, Barton, of Rockingham, Batchelder, Bates, Beardsley, Beckett, Beede, Belden, Benton, Bigelow, Bickford, Boardman, Bowdish, Blodgett, Britton, Bronson, Bulkley, "^urritt, Bump, Bntler, Carpenter, of Belvidere, Tabor, Thompson, Townsley, Van, Walker, of Jay, Warner, Wheeler, of Winhall, Whitney, of Springfield, Whitney, of Tunbridge, Wilson, Wood, Woodward, - - - 98 were Messrs. Chamberlin, of Middlesex, • Chamberlin, of Pomfret, Chase, Clark, of Peacham, Coe, Coolidge, Collins, Darling, Downey, Dutton, Dudley, Eastman, Estey, Felton, French, of Bmnswick, Frye, Goodrich, Goodsell, Goodwin, Gorham, of Wilmington, Gordon, Gove, Grandy, Graves, of Sunderland, Green, 14 CONSTITUTIONAL CONVENTION. Guindon, Halo, Hall, of Groton, Plall, of Stamford, Haselton, Hatcli, Heywood, of Guildhall, Hendce, Hewes, Hill, of Berlin, Hill, of Craflsburj', Hinckley-j Holmes, Holton, of Jamaica, Hopkinson, Hunt, Judevine, Kellogg, Keith, Locke, Loverin, Lyford, Marston, Martin, McCoUum, McDaniels, McLane, McLoud, Moore, Morse, of Bethel, Needham, Newhall, Noycs, Palmer, of Barre, Perigo, Perrin, Pcnnock, Pike, Pingry, Piper, Pomeroy, Porter, of Cornwall, Porter, of Fayston, Powers, President, Putnam, Plumley, Rand, Reed, Rich, of Canaan, Roberts, of Sheffield, Robinson, of Charleston, Robmson, of Nortlifield, Sears, Shattuck, Shaw, Sherman, Sleeper, Smith, of Weston, Solace, Spencer, Stearns, Stebbins, Stevens, of Brighton, Stevens, of Maidstone, Stimson, of Greensboro', Stimson, of Norwich, Stocker, Stoddard, Stoughton, Tliomas, Tracy, Upham, Vilas, Walker, of Whiting, Wheeler, of Mendon, COiNSTITUTIOr^AL CONVENTION. 15 Wheeler, of St. Johnsbury, Williams, Whitney, of Brookline, Wooator, Willard, Work, - - - - 132 So tlie motion was lost ; And the resolution was passed. Mr. SouLES introduced tlie following resolution, viz : Resolved, That the rules of the last Convention, called by the Council of Censors, be adopted as the rules of this Convention until others are provided; Which was read. Mr. Butler moved to amend the resolution so as to except the seven- teenth rule; And it was so ordered. And the resolution, thus amended ; was passed. Mr. Marct introduced the following resolution, viz: Resolved, That the Officers of this Convention consist of a Presi- dent, Secretary, and Assistant Secretary ; Which was read and passed. Mr. PoMEROY introduced the following resolution, viz : Resolved, Tliat the Convention now proceed to the election of a Presi- dent and Secretaries of this Convention ; Which was read and passed. The Convention then went into the election of a President, and after the ballots had been taken and examined, there being no choice ; The Convention resumed balloting for President, and after the second balloting of this morning The Convention adjourned, to meet at 3 o'clock this afternoon. AFTERNOON. The Convention met pursuant to adjournment. 16 CONSTITUTIONAL CONVENTION. The Chair announced tlie following appointment, viz: Committee on Eledmis— Messrs. Barlow, Kellogg, Smith of Weston, Marcy and Pomeroy. On motion, it was Ordered, That the credentials of the delegates from the towns of Cam- bridge and Mansfield be referred to the Committee on Elections. Mr. Chamberlin, of Pomfret. introduced the following resolution, viz : Resolved, That this Convention suspend ballotmg for President, and proceed to the election of Secretaries ; Which was read. And the question, shall the resolution pass ? Was decided in the negative. So the resolution was rejected. The Convention resumed balloting for President, and after the ballot* had been taken and examined; The Convention adjourned. FRIDAY MORNING, JANUARY 4. The journal of yesterday was read and approved. Mr. French of Sharon, introduced the following resolution, which af- ter being amended, is as follows : Resolved, That the President be requested to invite the resident offi- ciating clergymen of Montpelier, in rotation, to officiate as Chaplain of this Convention, during its session; Which was read and passed. Mr. Bottom moved that the further balloting for the Officers of the Convention be postponed until Monday next. Mr. Field moved that the said resolution be laid upon the table, and CONSTITUTIONAL COiWENTION. 17 on tliis motion demanded the yeas and naya, which were taken and are as follows : Those who voted in the affirmative, were Messrs. Aiken, French, of Brunswick, Allen, Goodrich, Ames, Goodsell, Bailey, Goodwin, Barber, Gorham, of Wilmington, Barton, of Ludlow, Gordon, Barney, Gove, Batchelder, Graves, of Duxbury, Bates, Graves, of Sunderland, Beardsley, Green, Beckett, Guindon, Bigelow, Hale, Bickford, Hall, of Groton, Boardman, Hall, of Stamford, Blodgett, Haselton, Britton, Hatch, Bronson, Hawley, Bulkley, Hendee, Burritt, Hill, of Berlm, Button, Hinckley, Butler, Holbrook, Chamberlin, of Middlesex, Haskins, Chamberlin, of Pomfrct, Holton, of Jamaici, Chase, Hunt, Clark, of I'eacliam, Johnson, Collins, Judevine, Crosier, Kellogg, Darling-, Locke, Downey, Loverin, Eastman, Lyford, Estey, Lynde, Felton, Marston, Field, Martin, Fox, Muther, Fni nc 15, .Matliew,«on, 18 CONSTITUTIONAL CONVENTION. McCoUum, Robinson, of Northfield, Mc Daniels, Sears, McLane, Shattuck, McLoud, Shaw, IVioore, Smith, of Orwell, Morse, of Bethel, Smith, of Pavvlet, Morse, of Somerset, Smith, of Weston, Needhara, Spencer, Newhall, Stearns, Palmer, of Barre, Stevens, of Brighton, Palmer, of Danville, Stevens, of Maidstone, Parker, of West Windsor, Stimson, of Greensboro', Perigo, Stimson, of Norwich, Perrin, Stocker, Phelps, Stoddard, Pike, Tabor, Pineo, Thomas, Pingry, Tracy, Plumley, Upham, Porter, of Fayston, Vilas, Povv-ers, Walker, of Jay, Putnam, Walker, of Whiting, Rand, Wheeler, of Mendon, Reed, Wheeler, of St Johnsbury, Rich, of Canaan, Willard, Roberts, of Sheffield, Wood, Roberts, of Sutton, Wooster, Robinson, of Charlestown, Work. - - - 126 Those who voted in the negative, were Messrs. Adams, of Andover, Belden, Adams, of Milton, Benton, Atkinson, Bingham, Armstrong, Blanchard, Ball, Bottom, Ballou, Bowdish, Barton, of Rockingham, Bryant, Barnes, Bruce, Beechcr, Burton, CONSTITUTIONAL CONVENTION, 19 Bullock, Bump, Carpenter, of Belvidere, Carpenter, of Essex, Carpenter, of Orange, Clark, of Middletown, Coe, Coolidge, Cramton, Cushman, Daggett, Deane, Dodge, Dutton, Dudley, Eaton, Edwards, Everts, Fish, Forbes, Forbush, French, of Sharon, Fn-e, Gale, Gorham, of Westminster, Grandy, Graves, of Fairhaven, Harris, Hayward, of Addison, Hay-ward, of Weybridgp, Hey wood, of Guildhall, Hill, of Craftsbury, Hinman, Holmes, Houghton, of Pntney, Hopkinson, Jameson, Keith, Knight, Leonard, Lewis, Lockwood, Marcy, Moon, Morgan, Moulton, Noyes, Parker, of Coventry, Parsons, Peake, Piper, Pomeroy, Pond, Porter, of Cornwall, Rawson, Rice, Rich, of Slioreham, Roberts, of Townshend, Rumsey, Sabin, Sargent, Seymour, Sherman, Slack, Sleeper, Solace, Soules, Stebbins, Stevens, of Enosbnrgh, Stewart, Stoughton, Thompson, Townsley, Vail, Warner, Wheeler, of Winhail, so CONSTITUTIONAL CONVENTION. Whitney, of Brooklme, Williams, Whitney, of Springfield, Wilson, Whitney, of Tnnb ridge. Woodward. - - - 100 So the motion was laid upon the table. The Convention resumed balloting for President of the Convention, and after the ballots had been talcen and examined, Mr. Beardsley introduced the following resolution, viz : Resolved, That after two ballotings for President of this Convention, in case no election is made all further ballotings for that office be postponed until this Convention shall otherwise order ; Which was read and laid upon the table . The Convention resumed the ballotmg for President, and after the second balloting of this morning, Mr. Whitxet, of Springfield, introduced the following resolution » viz : Resolved, That the balloting under the resolution for the election of Officers of the Convention, be suspended for the purpose of prooceeding immediately to the consideration of the articles proposed by the Council of Censors; Which was read and laid upon the table. The Convention resumed ballotmg for President, and the ballots having been taken and examined ; Hox. THOMAS BARTLETT, Junior, the delegate from the town of Lyndon, was duly elected President of the Convention ; The Convention adjourned. AFTERNOON. Hon. Thomas Bartlett, Jr., was introduced and took the Chair as President of the Convention. Pursuant to the resolution for the election of Officers of the Convention ; CONSTITUTIONAL CONVENTION. 21 On motion of Mr. Needham, LUCIUS H. NOYES, Esq., the delegate from the town of Hydepark, was elected Secretary of the Convention. The ballots for Assistant Secretary of the Convention, having been taken and examined, . HENRY E. STOUGHTON, Esq., the Delegate from the town of Chester, was duly elected. Mr. Williams introduced the following resolution : ' Resolved, That the " Articles of Amendment" proposed by the last Council of Censors, togetlier with the " Sections or Articles of the Consti- tution" affected by the proposed articles of amendment and the " Address of the (JounciF to the people be now read ; Which was read ^ind passed. The " Articles of Amendment" proposed by the Council of Censors, together with the " Sections or Articles of the Constitution" aifected by the proposed amendments and the " Address of the Council to the people of the State of Vermont," were read, and are as follows : Articles of AuieiulMeut proposed hy tlic Council. Article 1. — The House of Representatives of the Freemen of tliis State shall consist of persons most noted for wisdom and virtue, to be chosen by ballot, by the Freemen of the State, on the first Tuesday of September, annually forever ; and the Representatives shall be apportion- ed to, and elected by, the several towns respectively as follows : To each town liavmg less than twenty-five hundred inhabitants, one Rep- resentative ; to each town having twenty-five hundred inhabitants, two Representatives, and for every fifteen hundred iniiabitants above twenty- five hundred in any one town, there shall be one additional Representa- tive. The number of inhabitants referred to in this article, to be always as- 22 CONSTITUTIONAL CONVENTION. certained from the latest census which may have been taken by this State or by the United States. Article 2. — No balloting for town Representative shall be com- menced after twelve o'clock of the night of the first Tuesday in Septem- ber. Article 3. — The Assistant Judges of the County Court shall be elect- ed by the Freemen of their respective Counties. Aktict.e 4 — Sheriffs and High Bailiffs shall be elected by the Free- men of their respective Counties. Article 5. — State's Attorneys shall be elected by the Freemen of their respective Counties. Article 6. — Judges of Probate shall be elected by the freemen of their respective Probate Districts. Article 7. — 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 exceeding five ; towns having one thousand, and less than two thousand inhabitants, may elect seven ; towns havmg two thousand and less than three thousand inhabitants, may elect ten ; towns having three thousand and less than live thousand inhabitants, may elect twelve ; and towns having five thou- sand, or more, inliabitants, may elect fifteen Justices of the Peace. Article 8. — Registers of Probate shall be elected by the Freemen of their respective Probate Districts. Article 9. — All the officers named in the preceding articles of amend- ment shall bo annually elected by ballot and shall hold their offices for one year, said year commencing on the first day of December next after their election. Article 10. — The election of the several officers mentioned in tho precedmg articles, excepting town Representatives, shall be made at the times and in the manner now directed in the Constitution for the choice of Senators. And the presiding officer of each Freemen'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 snd designating^ • CONSTITUTIONAL CONVENTION. 23 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 volts for and add thereto, in writing, the title of the office voted for, as the case may be, and shall deliver such certificate to some Rep- resentative chosen as a member of the General Assembly, whose duty it shall be to cause such certificate of votes to be delivered to the Commit- tee of the General Assembly, appointed to canvass the same. And at the sitting of the General Assembly, next after such balloting for the officers aforesaid, there shall be a Committee appointed of and by the General As- sembly, who shall be sworn to the faithful cischarge of their duty and whose duty it shall be to examine such certificates and ascertain the num- ber of votes given for each candidate, and the persons receiving the lar- gest number of votes for the respective offices, shall be declared duly elected, and by such Committee be reported to the General Assembly, and the officers so elected shall be commissioned by the Governor. And if two or more persons designated for any one of said offices, shall have received an equal number of votes, the General Assembly shall elect one of such persons to such office. Article 11. — The term of office of the Governor, Lieutenant Gover- nor, and Treasurer of the State, respectively, shall commence when they shall be chosen and qualified, and shall continue for the term of one year, or until their successors shall be chosen and qualified, or to the adjourn- ment of the session of the Legislature, at which, by the Constitution and laws, their successors are required to be chosen, and not after such ad- jourmuent. And the Legislature shall provide, by general law, declar- ing what officer shall act as Governor whenever there shall be a vacancy in both of the offices of Governor and Lieutenant Governor, occasioned by a failure to elect, or by the removal from office, or by the death, resig- nation, or inability of both Governor and Lieutenant Goveriior, to exer- cise the powers and discharge the duties of tlie 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 dis- ability shall be removed, or a Governor shall be elected. And in case there shall be a vacrinoy in the office of Treasurer, by reason of any of 24 CONSTITUTIONAL CONVENTION. the causes enumerated, the Governor shall appoint a Treasurer for the time being, who shall act as Treasurer until the disability sliall be re moved, or a new election shall be made. Article 12. — 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 tlie Judges of the Supreme Court. And Sheriffs and High Bailiffs, before entering upon the duties of their respective offices, shall give sufficient security to the Treasurer of theii* respective Counties, before one of the Judges of the Supreme Court, or the two Assistant Judges of the County Court,' of their respective Counties, in such manner and in such sums as shall be directed by the Legislature. Article 13. — All propositions for the alteration and amendment of the Constitution of this State, made by any future Council of Censors, shall be submitted directly to the Freemen of the State for their consideration and adoption, or rejection, by an Ordinance to be promulgated by the Council of Censors at the time of submitting their propositions of amend- ment. Article 14. — The Senate shall be composed of tliu-ty 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 aimually by the Freemen of each County respectively. The Senators shall be apportioned to the several Counties, according to the population, as ascertained by the census taken under the authority of Congress in the year 1840, regard being always had, in such appor- tionment, to the Counties having the largest fraction, and giving to each County at least one Senator. The Legislature shall make a new apportionment of the Senators to the several Counties, after the taking of each census of the United States, or after a census taken for the purpose of such apportionment, under the authority of this State, aiways regarding the above provisions of this arti- cle. Article 15. — There sliall not be elected, nor appointed, morethan/ve Justices of the Peace in any town having less than one thousand iiiliabit- anLs ; — nor more than .sere,/- Justices of llij'! Pf^ace in nnv tnnn havinc oup CONSTITUTIONAL CONVENTION. 25 thousand, and less thin two thousand inhabitants ; nor more than fen Jus- tices of the Peace in any town having two thousand, and less than three thousand inhabitants ; nor more than twelve Justices of the Peace in any town having three thousand, and less than five thousand inhabitants ; nor more th^n fifteen Justices of the Peace in any town having five thousand, or more, inhabitants." Sections or Articles of the Constitution AFFECTED BY THE FOREGOING PROPOSED ARTICLES OF AMENDMENT, Section 8. — The House of Representatives of the Freemen of th!3 State shall consist of persons nirjst noted for wisdom and virtue, to be cho- sen by ballot, by the Freemen of every town in this State, respectively, on the first Tuesday of Ssptember, annually, forever. Sec. 9. — The Representatives so chosen, (a majority of whom shall constitute a quorum for transacting any other business than raising a State tax, for which two thirds of the members elected shall be present,) shall meet on the second Thursday of the succeeding October, and shall be styled, The Genjral Assemblij of the Slate of Vermont; they shall have power to choose their Speaker, Secretary of State, their Clerk and other necessary officers of the House ; sit on their own 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 ad- minister oaths and affirmations in matters depending before them ; redress grievances ; impeach State criminals ; grant charters of incorporation ; constitute towns, boroughs, cities and counties : they may, annually, on their first session after their election, in conjunction with the Council, (or oftener if need be) elect Judges of the Supreme and several County and Probate Courts, Sheriffs and Justices of the Peace ; and also with the Council, may elect Major-Generals and Brigadier-Generals, from time to time, as often as there shall be occasion; and they shall have all othnr 4 « 26 CONSTITLHIONAL CONVENTION. powers necessary for the Leffislatnre of a free and sovereign State. But they shall have no power to add to, alter, abolish, or infringe any part of this Constitution. Sec- 10.— The Supreme Executive Council of this State shall consist of a Governor, Lieutenant Governor, and twelve persons, chosen in the followinfj manner, to wit : 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 Repressntative chosen to attend th3 General Assembly. And at the opening of the General Assembly there shall be a Committee appointed, out of the Council and Assembly, wiio, 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 Governor for the year ensuing. And if there be no choice made, then the Council and General Assembly, by their joint-bal- lots, shall make choice of a Governor. The Lieutenant Governor and Treasurer shall be chosen in the manner above directed. And each Freeman shall give m twelve votes, for twelve Councillors, in the same manner, and the twelve highest in nomination shall serve, for the ensuing year, as Councillors. Sec. 27. — The Treasurer of the State, shall, before the Governor and Council, give sufficient security to the Secretaiy of the State, in behalf of the General Assembly, and each High Sheriff, before the first Judge of the County Court, to the Treasurer of their respective Counties, pre- vious to their respectively entermg upon the execution of their offices, in such manner and in such sums, as shall be directed by the Legisla- ture. Sec. 43. — In order that the freedom of this Commonwealth may be preserved inviolate forever, there shall be chosen by ballot, by the Free- men of this State, on the last Wednesday in March, in the year one thousand seven hundred and ninety-nine, and on the last Wednesday in_ March, in every seven years tliereafter, tJiirteen persons, who shall be cho- sen in the same manner the Council Ls chosen, except they sliall not be out of the Council or General Assembly, to be called the Council of Cen- sors, who shall meet together on the first Wednesday of June next ensu- CONSTITUTIONAL CONVENTION. 27 ing their election, tlie majority of whom shall be a quorum in everj' case, except as to calling a Convention, in which two-thu-ds of the whole num- ber elected shall agree ; and whose duty it shall be to enquire whether the Contitution ha,s been preserA-ed inviolate in every part during the last septenary, (including the year of tlieir sen-ice), and whether the Leg- islative 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 enquire whether the public taxes have been justly laid and col- lected in all parts of this Commonwealth ; in what manner the public moneys have been disposed of, and whether the public laws have been duly executed. For these purposes they shall have power to send for persons, papers and records ; — they shall have authority to pass public censures, to order impeachments, and to recommend to the Legislature the repeal- ing such laws as shall appear to have been passed contrary to the prmci- ples of the Constitution : these powers they shall continue to have for and during tlie 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 then- sitting, if there appears to them an absolute necessity of amendmg any article of this Constitu- tion which may be defecti\e, explaining such as may be thought not clearly expressed, and of adding such as are necessar}', for the pre- servation of the rights and happiness of the people. But the articles to be amended, and tlie amendments proposed, and such articles as are proposed to be added or aboll'shed, shall be promulgated at least six months before the day appointed for the election of such Convention, for the previous consideration of the people, that they may have an opportu- nity of instructing their Delegates on the subject. Article 4. (of amended Constitution) — The Senate shall be compos- ed of thirty Senators, to be of the Freemen of the County for which they are elected, respectively, who are thirty years of age or upwards, and to be annually elected by the Freemen 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 authority of the United States — regard being always had, in such ap- portionment, to the Counties having the greatest fraction. But the several Counties shall, until after the next Census of tlie United States, be enti- •28 CONSTlTariONAL CONVENTION. tied to elect, aud have their Senators, in the following proportion, to »rit : — 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 Coun- ty, one ; Grand Isle County, one. The Legislature shall make a new apportionment of the Senators to the several Counties, after the taking of each Census of the United States, or Census taken for the purpose of such apportionment, by order of the Government of this State, always regarding the above provisions in thia article. Address of llic Conncil. To THE PEOPLE OF THE StaTE OV VeRMO^T : The Council of Censors, elected on the last Wednesday of March, A. D. 1848, being about to close their labors, deem it their duty, in corformity to former precedents, to submit this address to you, stating briefly the re- sult of their deliberations, and referring to their journals for a further and more full account of their proceedings. The duties entrusted to this Council are enumerated in the 43d Section of the Constitution, and are so well-defined and accurately pointed out, that we could not well mistake our powers or the requirements of the Con- stitution. On the enquiry " whether the Legislative and Executive branches of "Government have performed then- duty, as guardians of the people, *' or assumed to themselves, or exercised, other or greater powers than " they are entitled to by the Constitution," the Council are happy to ex- press their opinion, that both appear to have been actuated by an earnest desire to keep within the bounds assigned to them by that instument, which they were sworn to support, and have manifested no disposition to CONSTITUTIONAL COJNVENTION. 29 adopt any unconstitutional or arbitrary measures, inconsistent witli the obligation imposed on them by our republican institutions and organic laws. In the single instance in which we were induced to recommend to the Legislature the repeal of a laAv repugnant to the Constitution, it ap- peared manifest that it was passed from inadvertance, and the Legislature had themselves discovered the error into which they had inadvertently fallen, and had anticipated our views by commencing a proceeding for the repeal, before they received a communication from us. Our attention has been particularly called to an act of the Legislature . laying a tax on lands in Bradleyvale, and the similar acts which have been, from time to time enacted, laying taxes on lands for making and re- pairmg roads and building bridges ; also an act to annex Mansfield to Stowe, passed Nov. 11, 1848, and also to an act relating to licensing Inn- keepers and Retailers, passed Nov. 3, 1846. The Council were not in- eensible that the constitutionality of these acts had been questioned, yet they considered they were rather proper subjects for judicial investiga- t'on than the animadversion of the Council. It is true that one of the duties of this Council is " to recommend to the Legislature the repeal of such laws as shall ajjpear to have been pas- sed contrary to the principles of tlie Constitution," but it also appertains to the Judiciary to construe all statutes and laws, and this necessarily re- quires of them to determine whether any act of the Legislature claimed to be a law, contravenes the Constitution, and is for that reason invalid, and in violation of the rights of individuals. Whenever the question is doubtful and of difficult solution, whether a private or public act of the Legislature, affecting individual rights, is contrary to the Constitution, the Council think it is better for the individual to seek redress from the judi- cial tribunals, whose decision on the coastitutionality of such act is final, and can afford an adequate relief, than for this Council to express an opin- ion which may or may not procure its repeal. A memorial was present- ed to us on the subject of the laws legalizing tiie traffic in intoxicating liquors, but it came in at so late a period of our sittmg that the Council could take no further order than to adopt the report of the Committee to whom it was referred, asking to be discharged from the further considera- tion of the subject, which report will appear in our journals. ' In performing this part of our duty in relation to the duties of the Leg- islature, the Council cannot refrain from noticing the great increase of the expenses of this State, altogether beyond our itirreasp in population, :W CONSTITUTIONAL CONVENTION. particularly in the judiciary department, and in the contingent expenses of the other branche-! of the government. We deem it worthy of a strict and searching inquiry, why these expenses have increased to so great an amount and what measures can be adopted to remedy the evil. The Council would refer the Legislature and the people to the 25th Section of the Constitution, which, while it assumes that any man called into pub- lic sen'ice to the prejudice of his private affairs, is entitled to a reasona- ble compensation, yet requires that " whenever an office, through increase " of fees or otherwise, becomes so profitable as to occasion many to ap- " ply for it, the profits ought to be lessened by the Legislatu-e." Wheth- er by some action of the Legislature in conformity to the spirit and in pursuance of the direction of this article, some measures may not be adopt- ed to diminish these expenses and prevent the further increase of what appears to be an increasmg and alarming evil, is respectfully submitted to the Legislature and the people. The Council have liad their attention called to a practice whicli has prevailed in the Legislature, for some years past, in the repeal, alteration or modification of acts, or parts of acts, Ijy a mere reference to the number of the Chapter and Section, M-ithont any mention of the subject or nature of the provision repealed, altered or modified. The Council deem it of the highest importance that our statute laws should be plain and easily un- derstood, that the subject matter of the acts should be indicated in their title, and especially that in the body of acts should be clearly expressed the subject or nature of the provision to which they relate ; that the prac- tice referred to above has already introduced confusion into our laws, and if continued in future legislation, will not only embarass our judges and professional men in understanding and expounding the laws, but will de- bar tho mass of the community fro:n gaining a knowledge of laws, in which they have a deep interest, and will speedily compel the Legislature to re- sort to an expensive revision and re-publication of our system of statute laws. Another subject of inquiry, submitted by the Constitution to the Coun- cil is " whether the public taxes have been justly laid and collected in all parts of this Commonwealth." The Council find no cause of com- plaint on this subject except in the following instances : 1st. — On learning the diversity of practice which has prevailed under the laws relative to the grand list, and the different opinions of profession- al men on the subject, the Council were of opinion " that there is an un- CONSTITUTIOI^AL CONVENTIUN. 31 " certainty as to the basis upon Avhich the several town, county and State "taxes are to be laid, and also an uncertainty as to the time of the meet- " ing of the County Convention of listers." They did not think it advisa- ble to communicate this to the Legislature, as the Council were not agreed whether the remedy, if any was wanted, should be had by judicial con- struction or further legislative action. 2d. — The taxing of wild and unproductive land, as now provided for by the laws on this subject, the Council considered as imjwsing an unequal and unjust burden on the owners, particularly non-residents. The ine- quality and injustice of these taxes on wild and unproductive lands has been clearly pointed out and condemned by one of the most eminent jurists of the present age, (Chancellor Kent). With respect to those taxes which may be voted by towns, school districts, &c., the non-resident is taxed not only without his consent, but when he cannot by his voice or vote or by his Representative, be heard, either as to the propriety of laying the tax, the amount of the same, or as to the manner of the expenditure, the objects of which are almost exclusively for the benefit and purposes of the inhabitants and residents of the towns or districts. It has been con- sidered as a fundamental principle of republican governments, that no one should be taxed without his own consent, i. e. the consent of a majority, given either by themselves or their Representatives chosen by them. How far this principle is violated, by subjecting the non-resident owners of lands to taxes for town or district purposes, where they can have no vote is certainly worthy of great and impartial consideration. But if it should be conceded that no principle of fundamental law is violated by taxing wild and unproductive lands, the Council are satisfied that, in practice, it has operated unequally, and produced great injustice, and cannot but hope the Legislature will provide some remedy for existing evils, some appeal from unjust appraisal, to a disinterested board of revision, some limit to the amount of taxes which towns may levy on a non-resident pro- prietor, or some provision by which the taxes he may have to pay may be expended more equally for the use of the town or district of which he is an inhabitant, asAvell as of the town where the land is situated. The Council have had dsliberately under their consideration that part of the article of the Constitution under which they are appointed, which re- quires them to examine whether there is " an absolute necessity of " amending any article of the Constitution which may be defective, ex- " plaining such as may be thought not clearly expressed, and of adding 3-2 CONSTITUTIONAL CONVENTION. " suarling, Hall, of Stamford, Downey. Haselton, CONSTITUTIONAL COxNVENTION. 83 Hatch, Rand, Holbrook, Rice, Haskins, Rich, of Shorehara, Houghton, of Putney, Roberts, of Sutton, Judevine, Roberts, of Towashend, Keith, Robinson, of Charlestown, Locke, Smith, of Weston, Martin, Solace, Mather, Soules, Mathewson, Stebbins, McDaniels, Stimson, of Norwich, Moore, Stocker, Morse, of Somerset, Tabor, Noyes, Thompson, Palmer, of Barre, Townsley, Peake, Tracy, Peirce, Upham, Porter of Fayston, Walker, of Jay, Powers, Woodward, President, Work, - - - 78 ae who voted in the negative, were Messrs. Adams, of Andover, Belden, Adams, of Milton, Bonton, Aiken, Bingham, Ames, ' Britton, Atkinson, Bryant, Armstrong, Bruce, Bailey, Bun-itt, Ball, Burton, Barber, Button, Barton, of Ludlow, Bullock, Barton, of Rockingham, Carpenter, of Belvidere, Barnes, Chamberlin, oflMiddlesex, Bates, Chamberlin, of Pomfret, Beckett, Chase, Beecher, Clark, of Middletown, Beede, Coe, 84 CONSTITUTIONAL CONVENTION. Coolidge, Cramton, Daggett, Deane, Dutton, Dudley, Eaton, Edwards, Estey, Everts, Fish, Forbes, Forbush, Francis, French, of Brunswick, Frye, Gale, Goodrich, Goodwin, Graves, of Duxbury, Harris, Hay ward, of Addison, Hay ward, of Weybridge, Heywood, of Guildhall, Hawley, Hendee, Hill, of Berlin, Hill, of Craftsbury, Hinckley, Hinman, HoJmes, Holton, of Jamaica, Hopkinson, Hunt, Jameson, Johnson, Kellogg, Ijarrabee, Leonard, Lewis, Lockwood, Loverin, Lynde, Marcy, Marston, McCollum, McLane, Moon, Morse, of Bethf>K Morgan, Moulton, Needham, Newhall, Palmer, of Danville, Parker, of Coventry', Parker, of West Windsor, Parsons, Perigo, Perrin, Pennock, Phelps, Pike, Pineo, Pingry, Piper, Plumley, Pomeroy, Pond, Porter, of Cornwall, Putnarn, Rawson, Reed, Rich, of Canaan, Rumsey, Sab in, Sargent, CONSTITUTIONAL ^'ONVENTIOM. 85 SearH, Tlioniiis, Seymour, Viiil, Shattuck, Vilas, Shaw, Walker, of Whiting, Sherman, Warner, Slack, Wheeler, of Mendon, Smith, of Orwell, Wheeler, of Winhall, Smith, of Pawlet, Whitney, of Brookline, Spencer, Whitney, of Springfield, Stearns, Whitirey, of Tunbridge, Stevens, of Enosbm-gh, Willard, Stewart, Williams, Stimson, of Greensboro', Wilson, Stoddard, Wood, Stoughton, Wooster, - - - 138 So the eighth resolution introduced by Mr. Williams, was rejected. Mr. Adams of Milton, moved a re-consideration of the vote rejecting the eighth resolution introduced by Mr. Williams. Mr. Field moved to lay the motion on the table. And tlie question, shall the motion be laid on the table ? Was decided in the negative. So the Convention refused to lay the motion of Mr. Adams, to re-con- sider the vote rejecting the eighth resolution introduced by Mr. Williams, on the table. And the question, re-cm-ring on the motion of Mr. Adams, to re-con- sider the vote rejecting the eighth resolution introduced by Mr. Williams. It was decided in the negative ; So the motion to re-consider was lost Mr. French of Sharon, called up the ninth resolution introduced by Mr. Williams. And the question, shall the resolution pass ? Was decided in the affirmative. The yeas and nays being demanded by Mr. Stoughton, were tflken, and were as follows, vi/ : / 86 CON STITUTION AL CONVENTION. 1 hose wlio voted in the affirmative, were Messrs. Adams, of Milton, Aiken, Allen, Ames, Atkinson, Armstrong, Bailey, Ball, Ballon, Barlow, Barber, Barton, of Ludlow, Barnes, Batchelder, Bates, Beardsley, Beckett, Beecher, Beede, Bigelow, Bingham, Blanchard, Boardman, Bottom, Bowdish, Blodgett, Britton, Bronson, Bryant, Bulkley, Burritt, Burton, Button, Bullock, Bump, Butler, Carpenter, of Belvidere, Carpenter, of Essex, Carpenter, of Orange, Chamberlin, of Middlesex, Chamberlin, of Pomfret, Chase, Clark, of Peacham, Coolidge, Collins, Cushman, Daggett, Darling, Deane, Dodge, Downey, Dutton, Dudley, Eastman, Eaton, Edwards, Estey, Everts, Felton, Forbes, Forbush, Fox, Francis, French, of Sharon. Fuller, Clale, CONSTITUTIONAL COS VEN'i'lO.N. 87 Goodrich, Goodsell, Goodwin, Gorham, of Westminster, Gorham, of Wilmington, Gove, Grandy, Graves, of Duxbury, Graves, of Sunderland, Green, Guindon, Hale, Hall, of Groton, Hall, of Stamford, Haselton, Hatch, Hayward, of Addison, Hey^vood, of Guildhall, Hayward, of Weybridgc, HaAvley, Hendee, Hill, of Berlin, Hill, of Craftsbury, Hinckley, Hmman, Holbrook, Holmes, Holton, of Jamaica, Houghton, of Putney, Hopkinson, Hunt, Jameson, Johnson, Judevine, Kellogg, Keith, Larrabcp. Lewis, Locke, Lockwood, Lovering, Lvford, Lynde, Marcy, Marston, Martin, Mather, Matliewson, McCollum, Mc Daniels, McLane, McLoud, Moon, Moore, Morse, of Bethel, Morse, of Somerset, Needham, Newhall, Noyes, Palmer, of Barre, Palmer, of Danville, F'arker, of West Wind.-jor, Peako, Peirce, Perigo, Perrin, Pennock, Phelps, Pike, Plumley, Pomeroy, Pond, Porter, of Cornwall, Porter, of Fayston. Powers, PnKS»lI>K>T, 68 COiNSTlTUTlUxNAL CONVENTION. Putnam, Rand, Reed, Rice, Rich, of Canaan, Rich, of Shorehain, Roberts, of Sutton, Robinson, of Charlestown, Robinson, of Northfield, Rumsey, Sabin, Sargeant, Sears, Seymour, Shattuck, Shaw, Sherman, Slack, Smith, of Orwell, Smith, of Pawlet, Smith, of Woston, Solace, Soules Spencer, Stebbins, Stevens, of Brighton, Stevens, of Enosburgh, Those who voted in the negative, Adams, of Andover, Polden, Benton, Bickford, Bruce, Clark of Middletown, Coe, Cramton, Field, Stevens, of Maidstone, Stewart, Stimson, of Greensboro', Stimson, of Norwich, Stockcr, Stoddard, Stoughton Thomas, Thompson, Townsley, Tracy, Upham, Vail, VUas, Wallier, of Jay, Walker, of Whiting, Warner, Wheeler, of Mendon, Whitney, of Brookline, Whitney, of Springfield, Whitney, of Tunbridge, Williams. Wilson, Wood, Woodward, Wooster, Work, 196 were Messrs. Fish, French of Brunswick, Fiye, Harris, Haskins, Leonard, Morgan, Moulton, Parker, of Coventry. CONSTITUTIONAL CONVENTION. 89 Parsons, Piper, Pineo, Rawson, Pingry, Wheeler, of Winliall, - 24 So the ninth resohition introduced by Mr. Williams, adopting the ninth of the " Articles of Amendment" proposed by the last Council of Censors, was passed. The tenth resolution introduced by Mr. Williams, being under con- sideration, The question, shall the resolution pass ? Was decided in the affirmative. The yeas and nays being demanded by Mr. Harris, were taken, and were as follows, viz : Those who voted in the affirmative, were Messrs. Aiken, Allen, Anaes, Armstrong, Bailey, Ballon, Barlow, Barber, Barton, of Ludlow, Barnes, Batchelder, Bates, Beardsley, Beckett, Beecher, Beede, Bigelow, Bingham, Bickford, Boardman, Bottom, Bowdish. Blodgetl. Britten, Bronson, Bryant, Bulkley, Burriir, Burton, Button, Bullock, Bump, Butler, Carpentf-r, of Belvider<*, Carpenter, of Essex, Chambej-lia, of Middlesex, Chase, Coolidge, Collins, ( 'rosier, DnggeK, Darlmg, Deane, Downey, Dutton. JHidl'^v. ftO CONSTITUTIONAL CONVENTION. Eastman, Eaton, Edwards, Estey, Everts, Feltou, Field, Forbes, Forbush, Fox, Francis, Gale, Goodrich, Goodsel], Goodwin, Gorham, of Westminster, Gorham, of Wilmington, Gordon, Gove, Grandy, Graves, of Duxbury, Graves, of Fan-haven, Graves, of Sunderland, Green, Guindon, Hale, Hall, of Groton, Hall, of Stamford, Haselton, Hatch, Hayward, of Addison, Heywood, of Guildhall, Hayward, of Weybridge, Hawley, Hendee, Hewes, Hill, of Berlin, Hill, of Cratlsbury, Hinckley, Hinman, Holbrook, Holmes, Haskins, Holton, of Jamaica, Houghton, of Putney, Hopkinson, Hunt, Jameson, Johnson, Judevmc, Keith, Knight, Larrabee, Lewis, Lockwood, Loverin, Lyford, Marcy, Marston, Martin, Mathewson, McCollum, McDaniels, McLane, McLoud, Moon, Moore, Morse, of Betliel, Morse, of Somei-set, Needham, Newhall, Noyes, Palmer, of Barre, Palmer, of Danville, Parker, of West Windsor, Peake. CONSTITUTIONAL CONVENTION. 91 Peirce, Perigo, Perrin, Pennock, Phelps, Pike, Plumley, Pomeroy, Porter, of Cornwall, Porter, of Fayston, Powers, President, Putnam, Rand, Reed, Rice, Rich, of Canaan, Rich, of Shoreham, Roberts, of Sheffield, Roberts, of Sutton, Roberts, of Townshend, Robinson, of Charlestown, Robuison, of Northfieid, Rumsey, Sab in, Sargent, Sears, Seymour, Shattuck, Shaw, Sherman, Slack, SmitJi, of Orwell, Smith, of Pawlet, Smith, of Weston, Solace, Soules, Spencer, Stearns, Stebbins, Stevens, of Brighton, iStevens, of Enosburgh, Stevens, of Maidstone, Stewart, Stimson, of Greensboro', Stimson, of Norwich, Stocker, Stoddard, Stoughton, Tabor,. Thomas, Thompson, Townsley, Tracy, Upham, Vail, VOas, Walker, of Jay, Walker, of Whiting, Warner, Wheeler, of Mendon, Whitney, of Brookline, Whitney, of Springfield, Whitney, of Tunbridge, Williams, Wilson, Wood, Wooster, Work, - - - - 101 \f2 CONSTITUTIONAL CONVENTION. Tliose who voted in the negative, were Messrs. Adams, of Andover, French, of Sharon, Barton, of Rockingham, Frye, Benton, Harris, Bmce, Kellogg, Carpenter, of OrangQ, Leonard, Chamberlin, of Pomfret, Morgan, Clark, of Middletown, Parsons, Coe, Pineo, Crampton. Pingry, Cushman, Piper, Fish, Rawson, French, of Brmiswick, Wheeler, of Winhall, - 24 So the tenth resolution introduced by Mr. Williams, adopting the tenth of the " Articles of Amendment" proposed by the last Council of Censors, was passed. Mr. Cushman asked leave of absence for Mr. Barnes, from and after to-morrow morning, which was granted. Mr. TowNSLET asked leave of absence for Mr. Lynde, from and after to-morrow morning, which was granted. On motion, the Convention adjourned. FRIDAY MORNING, JANUARY 11. Prayer by Rev. iy^r. Williams. The journal of yesterday was read and approved. Mr. Smith of Weston, asked leave of absence for Mr. Eastman, from and after to-morrow morning, which was granted. Mr. Roberts of Townshend, asked leave of absence for Mr. Mather, from and after to-morrow morning, which was granted. CONSTITUTIONAL CONVENTION. 93 The Presibent announced the appointment of Mr. Moulton, on the Committee on Debentures, in place of Mr. Eastman, excused. Mr. Hunt called up the eleventh resolution introduced by Mr. VVil- liams. And the question shall the resolution pass ? Was decided in tlie affirmative. The yeas and nays being demanded by Mr. French of Sharon, were taken, and were as follows, viz : Those who voted in the affirmative, were Messrs. AUen, Butler, Ames, Carpenter, of Belvidere, Atkinson, Carpenter, of Orange, Bailey, Chase, Ballou, Coolidge, Barlow, Daggett, Barber, Darling, Barton, of Ludlow, Deane, Barton, of Rockingham, Downey, Barnes, Dudley, Batchelder, Eaton, Bates, Edwards, Beardsley, Estey, Beecher, Felton, Beede, Field, Bigelow, Forbes, Bickford, Forbush, Blanchard, Fox, Boardman, Francis, Bowdish, French, of Sharon, Blodgett, Goodwin, Britton, Gorham, of Wilmington, Bronson, Gordon, Bryant, Gove, Bulkley, Graves, of Duxbury, Burritt, Graves, of Fairhaven, Burton, Graves, of Sunderland, Button, Green, 04 COiNSTITUTlONAL CONVENTION. Guindon, Halo, Hall, of Stamford, Haselton, Hatch, Hayward, of Addison, Heywood, of Guildhall, Hayward, of Weybridge, Hendee, Hewes, Hill, of Berlin, Hill, of Craftsbury, Hinckley, Hinman, Holbrook, Holmes, Haskins, Holton, of Jamaica, Hopkinson, Hunt, Jameson, Johnson, Keith, Knight, Larrabee, Lewis, Locke, Loverin, Lyford, Lynde, Marcy, Marston, Mather, McCoUum, McDaniels, McLoud, Moon, Morse, of Betliel, Morse, of Somerset, Morgan, Needham, Noyes, Palmer, of Barre, Parker, of Coventry, Peake, Peirce, Perigo, Perrin, Pennock, Phelps, Pike, Pingry, Pomeroy, Porter, of Cornwall, Porter, of Fayston, Powers, President, Putnam, Rand, Reed, Rice, Rich, of Shoreham, Roberts, of Sutton, Roberts, of Townshend, Robinson, of Charlestown, Robijison, of Northfield, Rumsey, Sabin, Sargent, Sears, Seymour, Shattuck, Shaw, Sherman, Slack, Smith, ofOrwoll, CONSTITUTIONAL CONVENTION. !>5 Smith, of Pawlet, Townsley, Solace, Tracy, Soules, Upliam, Spencer, Vail, Stearns, Vilas, Stebbins, Walker, of Jay, Steavens, of Brighton, Walker, of WJiiting, Stevens, of Maidstone, Wheeler, of Mendon, Stewart, Wlieeler, of St. Johnsbury, Stimson, of Greensboro', Whitney, of Springfield, Stimson, of Norwich, Whitney, of Tunbridge, Stocker, Williams, Stoddard, Wilson, Stoughton, Woodward, Thompson, Work. - - - l(i2 Those who voted in the negative. were Messrs. Adams, of Andover, Harris, Armstrong, Kellogg, Ball, Leonard, Belden, Mathcwson, Benton, Parsons, Bruce, Pineo, Chamberlin, of Middlesex, Piper, Clark, of Middletown, Plumley, Coe, Rawson, Cramton, Stevens, of Enosburgh. Fisb, Thomas, French, of Brunswick, Wheeler, of Winhall, Frye, Whitney of Brookline, Gale, Wood, - - - 28 So the eleventh resolution introduced by Mr. Williams, adopting the eleventh of the " Articles of Amendment" proposed by the last Council of Censors, was passed. Mr. PoMEROv moved a re-consideration of tlie vote, adopting tlie eleventh resolution introduced by Mr. Williams ; And on the question, shall the vote be re-considered r It was decided in tlie negative. !>6 CONSTITUTIONAL CONVENTION So the Convention refused to re-consider the vote by which the eleventh resolution introduced by Mr. Williams, was passed. Mr. PoMEROY moved a re« consideration of the vote adopting the tenth resolution introduced by Mr. Williams. And the question, shall the vote be re-considered ? W as decided in the negative. So the Convention refused to re-consider the vote, by which the tenth resolution introduced by Mr. Williams, was passed. Mr. Pome ROT moved a re-consideration of the vote, adopting the ninth resolution introduced by Mr. Williams ; And on the question, shall the vote be re-considered ? It was decided in the negative. So the Convention refused to re-consider the vote, adopting the ninth resolution mtrodueed by Mr. Williams. Mr. Hunt called up the twelfth resolution introduced by Mr. Williams; And the question, shall the resolution pass ? Was decided in the affirmative. The yeas and nays being demanded by Mr. Deane, were taken, and were as follows, viz: Those who voted in the affirmative, were Messrs. Aiken, Bigelow, Allen, Bickford, Ames, Board man, Atkinson, Bowdish, Armstrong, Blodgett, Ballon, Britton, Barlow, Bronson, Barber, Bryant, Barton, of Ludlow, Bulkley, Barton, of Rockingham, Burritt, Barnes, Burton. Batchelder, Bump, Beardslcy, Butler, Beechcr, Carpenter, of Belvidorc, Belden, Carpenter, of Orange, Benton," Chamberlin, of Middlesex, CONSTITUTIONAL CONVENTION. 97 Chamberlin, of Pomfret, Coe, Coolidge, Collins, Craniton, Crosier, Cushnian, Dag'gett, Deane, Dodge, Downey, Dudley, Eaton, Edwards, Estey, Everts, Felton, Field, Fish, Forbes. Forbush, Fox, French, of Sharon, Fuller, Gale, Goodrich, Goodwin, Gorham, of Westminster, Gorham, of Wilmington, Gordon, Gove, Grandy, Graves, of Duxbury, Graves, of Fau'haven, Graves, of Sunderland, Green, Guindon, Hale, 18 Hall, of Stamford, Harris, Haselton, Hatch, Hay ward, of Addison, Heywood, of Guildhall, Hayward, of Weybridge, Plendee, Hewes, HUl, of Berlin, Hill, of Craftsbury, Hinckley, Hinman, Holbrook, Holmes, Haskins, llolton, of Jamaica, Houghton, of Putney, Hopkinson, Hunt, Jameson, Johnson, Judevine, Kellogg, Keith, Kniglit, LaiTabee, Lewis, Locke, Lockwood, Tiovering, Lyford, Lynde, Marcy, Marston, Martin, Mather, Mathewson, 98 CONSTITUTIONAL CONVENTION. McCollum, McDaniels, McLane, McLoud, Moon, Moore, Morse, of Betliel, Morgan, Needham, N ewhall, Noyes, Palmer, of Barre, Parker, of Coventry, Peake, Peirce, Perigo, Perrin, Phelps, Pingry, Piper, Plumley, Pomeroy, Porter, of Cornwall, Porter, of Fayston, President, Putnam, Reed, Rice, Rich, of Canaan, Rich, of Shoreham, Roberts, of Sheffield, Roberts, of Sutton, Roberts, of Townshed, Robinson, of Charlestown, Robinson, of Northtield, Rnmsey, Sabin, Sargeant, Sears, Seymour, Shattuck, Shaw, Sherman, Slack, Smith, of Orwell, Smith, of Pawlet, Smith, of Weston, Solace, Soules Spencer, Stearns, Stebbins, Stevens, of Brighton, Stevens, of Enosburgh, Stevens, of Maidstone, Stewart, Stimson, of Greensboro', Stimson, of Norwich, Stocker, Stoddard, Stoughton Tabor, Thomas, Townsley, Tracy, Upham, Van, Vilas, Walker, of Jay, Walker, of Whiting, Warner, Wheeler, of Mendon, Whitney, of Brookline, Whitney, of Springfield, Whitney, of Tunbridge, Williams, CONSTITUTIONAL CONVENTION. 99 Wilson, Wooster, Wood, Work, 189 Woodward, Those who voted in the negative, were Messrs. Adams, of Andover, Parsoris, Bailey, Pin-eo, Clark of Middletown, Rawson, French of Brunavyjck, Wheeler, of Winhall, Frye, ' ' WilJard, - - , - 11 Leonard, ^ : . ^ , So the twelfth resolution introduced by Mr. Williams adopting the twelfth of the " Articles of Amendment" proposed by the last Council of Censors, was passed. Mr. Needham moved a re-consideration of the vote, adopting the twelfth resolution introduced by Mr. Williams. And the question, shall the vole be re-considered ? Was decided in the negative. So the Convention refused to re-consider the vote by which the twelfth resolution introduced by Mr. Williams, was passed. Mr. PoMEROY called up the fifteenth resolution introduced by Mr. Wil- liams ; And on the question, shall the resolution pass ? It was decided in the negative. The yeas and nays being demanded by Mr. Stocgiiton, were taken and were as follows, viz : Those who voted in the affirmative, were Messrs. Aiken, Goodrich, Allen, Goodsell, Batchelder, Gorham, of Westminster, Beckett, Gorham, of Wilmington, Bulkley, Grandy, Chamberlin, of Pomfret, Graves, of Fairhaven, Clark, of Peacham, Haskins, Darling, . Hunt, Field, Kellogg, Fuller, Lewis, 100 CONSTITUTIONAL CONVENTION. Locke, McDaniels, Moon, Morse, of Somerset, Needham, Palmer, of Bane, ■F.eiice, Perrin, Porter of Fayslon, Rice; Roberts, of Tovnshend, Those who voted in the negative, Adams, of Andover, Ames, Atkinson, Armstrong, Bailey, Ball, Ballon, Barlow, Barber, Barton, of Ludlow, Barton, of Rockingham, Barnes, Bates, Beardsley, Beecher, Beede, Belden, Benton, Bigelow, Boardman, Bowdish, Britton, Bronson, Bruce, Burritt, Robinson, of Northfield, Shaw, Slack, Smith, of Pawlet, Stebbins, Stewart, Thomas, VaU, Walker, of Whiting, Wheelar, of Winhall, 41 were Messrs. Burton, Button, Bump, Butler, Carpenter, of Essex, Carpenter, of Orange. Chamberlin, of Middlesex, Chase, Clark, of Middletown, Coolidge, Collins, Cramton, Crosier, Cushman, Daggett, Deane, Downey, Dutton, Dudley, Eaton, Edwards, Estey, Everts, Felton, Fish, CONSTl I'UTIUN AL CO.\ VEN'l'lO.N. lai Forbes, Forbusli, Fox, Francis, French, of Brunswick, French, of Sharon, Frye, Gale, Goodwin, Gordon, Gove, Graves, of Sunderla nd, Green, Guindon, Hale, Hall, of Groton, Hall, of Stamford, Han-is, Haselton, Hatch, Hayward, of Addison, Heywood, of Guildhall, Hayward, of Weybridge, Hendee, Hewes, Hill, of Berlin, Hill, of Craftsbury, Hinckley, Hirunan, Holbrook, Holmes, Holton, of Jamaica, Houghton, of Putney, Hopkinson, Jameson, Johnson, Judevine, Knight, Leonard, Lockwood, Lynde, IVIarcy, IMarston, Martin, Mather, Mathewson, McCollum, McLane, McLoud, Moore, Morse, of Bethel, Morgan, NewhaJl, Noyes, Parker, of Coventry, Parker, of West Windsor, Parsons, Peake, Perigo, Pennock, Phelps, POve, Pineo, Pingry, Piper, Plumley, Pomeroy, Porter, of Cornwall, Powers, President, Putnarn, Rand, Rawson, Reed, Rich, of Canaan, Rich, of Shorehara, 103 CONSTITUTIOiNAL CONVENTION. Roberts, of Sheffield,! Robinson, of Charlestown, Sabin, Sargent, Sears, Seymour, Shattuck, Sherman, Soules, Spencer, Stearns, Stevens, of Brighton, Stevens, of Enosburgh, Stimson, of Greensboro', Stimson, of Norwich, Stocker, Stoddard, Stoughton, Thompson, Townsley, Tracy, Upham, Vilas, Walker, of Jay, Warner, Wheeler, of Mendon, Wliitney, of Brookline, Whitney, of Springfield, Whitney, of Tunbridge, Willard, Williams, Wilson, Wood, Woodward, Wooster, Work, 163 Tabor, So the fifteenth resolution introduced by Mr. Williams, adopting the fifteenth of the " Articles of Amendment" proposed by the last Council of Censors, was rejected. Mr. Bailey moved a re-consideration of the vote, rejecting the fifteenth resolution introduced by Mr. Williams. And on the question, shall the vote be reconsidered ? Was decided in the negative. So the motion to reconsider the vote rejecting the fifteenth resolution introduced by Mr. Williams, was lost. Mr. PoMEROT called up the fourteenth resolution introduced by Mr. Williams ; And on the question, shall the resolution pass ? It was decided in the affirmative. The yeas and nays being demanded by Mr. Pomeroy, were taken, and were as follows, viz : COiN STITUTION AL CON VEiNTIOiN. 103 Those who voted in the affirmative, Aiken, A lien, Ames, Atkinson, Bailey, Ball, Ballou, Barlow, Barber, Barton, of Rockingham, Barnes, Batchelder, Bates, Beardsley, Beckett, Beecher, Beede, Benton, Bigelow, Bickford, Blanchard, Boardman, Bowdish, Blodgett, Britton, Bronson, Bulkley, Burritt, Burton, Button, Bullock, Bumb, Butler, Carpenter, of Orange, were Messrs. Chaniberlin, of Pomfret, Coolidge, Collins, Crosier, Cushman, Daggett, Darling, Deane, Downey, Eaton, Edwards, Esty, Everts, Felton, Field, Forbes, Forbush, Fox, French, of Sharon, Fuller, Gale, Goodsell, Goodwin, Gorham, of Westminster, Gorham, of Wilmington, Gordon, Gove, Grandy, Graves, of Duxbury, Graves, of Fairhaven, Graves, of Sunderland, Green, Guindon, Hale, 104 CONSTlTaTlOiN AL COiN VENTION. Hall, of Stamford, Harris, Haselton, Hatch, Haywood, of Addison, Heywood, of Guildhall, Hayvvard, of Weybridge, Hewes, HUl, of Berlin, Hill, of CraftsburV, Hinckley, Hinman, Holbrook, Holmes, Haskins, Holton, of Janiacia, Hopkinson, Hunt, Jameson, Jlidevine. Kellogg, Keith, Knight, Larrabee, Lewis, Locke, Lockwood, Loverin, Lyford, Lynde, Marcy, Marston, Martin, Mather, McCollum, ~j McDaniels, McLane, Moon, Moore, Morse, of Bethel, Morse, of Somerset, Needham, Newhall, Noyes, I'almer, of Bane, Peak, Peirce, Perigo, Perrin, Pennock, Phelps, Pike, Pingry, Pomeroy, Porter, of Cornwall, Porter, of Fayston, Powers, President, Putnam, Rand, Reed, Rice, Rich, of Canaan, Rich, of Shoreham, Roberts, of Sheffield, Roberts, of Sutton, Robinson, of Charlestown, Robinson, of Northfield, Rnmsey, Sabin, CONSTITUTIONAL CONVENTION. 105 Sargent, Sears, Seymour, Shattuck, Shaw, Sherman, Slack, Smith, of Orwell, Smith, of Pawlet, Solace, Soules, Spencer, Stearns, Stebbins, Stevens, of Brighton, f>tevens, of Enosburgh, Stevens, of Maidstone, Stewart, Stimson, of Greensboro', Stimson, of Norwich, Those who voted in the negative, were Messrs. Stocker, Stoddard, Stoughton, Tabor, Thomas, Thompson, Townsley, Tracy, VUas, Walker, of Whiting, » Warner, Whitney, of Brookline, Whitney, of Springfield, Whitney, of Tunbridge, Williams, Wilson, Woodward, Wooster, Work, - - - - 177 Adams, of Andover, Armstrong, Barton, of Ludlow, Bryant, Bruce, Carpenter, of Essex, Chamberlin, of Middlesex, Chase, Clark, of Middletown, Coe, Cramton, Dodge, Button, Fish, French, of Brunswick, Frye, Goodrich, Hendee, , Leonard, Mathewson, Morgan, Parsons, Pineo, Piper, Plumley, Rawson, Roberts of TownsJiend, Willard, - 28 So the fourteenth resolution introduced by Mr. Williams, adopting the fourteenth of the " Articles of Amendment" proposed by the last Council of Censors, was passed. 11 106 CONSTITUTIONAL CONVENTION. Mr. BEARDSLEr moved a re-consideration of the vote adopting the fourteenth resolution introduced by Mr. Williams. And on the question, shall the vote be reconsidered ? It was decided in the negative. So the motion to re-consider the vote, adopting the fourteenth resolu- tion introduced by Mr. Williams, was lost. Mr. Stimson of Norwich, called up tlie thirteenth resolution introduced by Mr. Williams. And the question, shall the resolution pass ? Was decided in the negative. The yeas and nays being demanded by Mr. Barton of Rockingham, were taken, and were as follows, viz : Those who voted in the affirmative, were Messrs. Atkinson, Barlow, Beardsley, Beecher, Blanchard, Bottom, Bowdish, Bronson, Coolidge, Collins, Cushman, Dutton, Gorham, of Westminster, Gorham, of Wilmington, Grandy, Hale, Haselton, Hay ward, of Weybridge, Houghton, of Putney, Hunt, Kellogg, Those who voted in the negative, were Messrs. Adams, of Andovcr, Allen Locke, Lockwood, Loverin, Needliam, Palmer, of Barre, Parker, of Coventry, Peake, Pomeroy, President, Rich, of Shoreham, Roberts, of Townshend, Seymour, Sleeper, Solace, Tabor, Townsley, Vilas, Warner, Whitney, of Springfield, Williams, Woodward, - - 42 CONSTITUTIONAL CONVENTION. 107 Ames, Armstrong, Bailey, Ball, Balloa, Barber, Barton, of Ludlow, Barton, of Rockinghaiii, Barnes, Batchelder, Bates, Beckett, Beede, Belden, Benton, Bigelow, Bickford, Boardman, Blodgett, Britton, Bryant, Bruce, Bulkley, Burritt, Bullock, Bump, Butler, Carpenter, of Belvidere, Carpenter, of Essex, Carpenter, of Orange, Chamberlin, of Middlesex, Chamberlin, of Pomfret, Chase, Clark, of Middletown, Clark, of Peacham, Coe, Cramton, Crosier, Daggett, Darling, Deane, Dodge, Downey, Dudley, Eaton, Edwards, Estey, Everts Field, Fish, ■ . Forbes, Forbush, Fox, French, of Brunswick, French, of Sharon, Frye, Fuller, Gale, Goodrich, Goodwin, Gordon, Graves, of Duxbury, Graves, of Sunderland, Green, Guindon, Hall, of Groton, Hall, of Stamford, Hatch, Hay ward, of Addison, Heywood, of Guildhall, Hendee, Hewes, HUl, of Berlin, Hill, of Craflsbury, Hinckley, Hinman, 108 CONSTITUTIONAL CONVENTION. Holbrook, Plumley, Holmes, Porter, of Cornwall, Haskins, Porter, of Fayston, Holton, of Jamaica, Powers, Hopkinson, Putnam, Jameson, Rawson, Johnson, Reed, Jndevine, Rich, of Canaan, Leonard, Roberts, of Sheffield, Lyford, Roberts, of Sutton, Lynde, Sears, Marcy, Shattuck, Marston, Shaw, Martin, Sherman, Mather, Slack, Mathewson, Spencer, McCollum, Stearns, McDaniels, Stebbins, McLane, Steavens, of Brighton, McLoud, Stevens, of Enosburgh, Moon, Stevens, of Maidstone, Moore, Stewart, Morse, of Bethel, Stimson, of Greensboro', Morse, of Somerset, Stimson, of Norwich, Morgan, Stocker, Moulton, Stoughton, Newhall, Thomas, Noyes, Thompson, Parker, of West Windsor, Tracy, Parsons, Upham, Feirce, Vail, Perigo, Walker, of Jay, Perrin, Walker, of Whiting, Pennock, Wheeler, of Mendon, Phelps, Wheeler, of Winhall, Pike, Whitney of Brooklme, Pingry, Whitney, ofTunbridge, Piper, Willard, CONSTITUTIONAL CONVENTION. 109 Wilson, VVooster, Wood, Work, - - - 158 So the thirteenth resolution introduced by Mr. Williams, adopting the thirteenth of the " Articles of Amendment" proposed by the last Council of Censors, was rejected. On motion, the Convention adjourned. AFTERNOON. Mr. Pike moved a re-consideration of the vote rejecting the thirteenth resolution introduced by Mr. Williams. And on the question, shall the vote be re-considered .' It was decided in the negative. So the motion to re-consider the vote rejecting the thirteenth resolution introduced by Mr. Williams, was lost. Mr. Vilas from the Committee appointed to report to the Convention a form and manner of authentication and promulgation of the adopted amend- ments, made the foUowinsr REPORT : To the Convtrdion now in Stssion : YoDR Committee appointed to draft and report a form of authentica- tion of the " Articles of Amendment" adopted by said Convention, re- port the form hereto annexed marked (A), to be signed by the President and Secretary of this Convention, entered of record by the Secretary of State, and deposited in the archives of said Secretary. no CONSTITUTIONAL CONVENTION. Also the form marked (B), to be signed by the President and Secretary, and with a certified copy of said amendments, transmitted to his Excel- lency ttie Governor for promulgation. LEVI R VILAS,/or Committee. January lltli, 1H.50. (A> STATE OF VERMONT: In Convention assembled at Montpelier, on the first Wednesday, being the second day of January, A. D. 1850 — The Convention having had under consideration the " Articles of Amendment" proposed by the late Council of Censors, and having delie- rated thereon, have adopted tlie 3d, 4th, 5th, Gth, 7th, 9th, 10th, 11th, 12th and 14th, of said articles, which said articles have thereby become a part of the Constitution of this State, and are in the words and figures following, that is to say : [The said articles to be here inserted.] Done in and by order of the Convention, this 12th day of January, A. D. 1850. President. Secretary. (B). To His Excellency Carlos Coolidge, Governor of Vermont: — The Convention of the people of this State, assembled in pursuance of the call of the late Council of Censors, having upon due consideration adopted the 3d, 4th, 5th, Gth, 7th, Oth, 10th, 11th, 12th and 14th articles of amendment, proposed by said Council of Censors, the said articles are herewith transmitted to your Excellency, to the end that the same be made known In thn ppopio by proclamation, to be and remain henceforth CONSTITUTIONAL CONVEiNTlON. Ill a part of tlio Constitution of this State and as such binding on Uic peo- ple. [Here follow the said articles.] By order of tlie Convention, Montpclicr, January 12, 1850. — President. Secretary. And it was read and passed. On motion of Mr. Kellogg, The Convention adjourned to meet at half past G o'clock thia afternoon. Half past 6 o'clock. Mr. Kellogg introduced the following resolution, viz : Resolved, That in the judgment of this Convention, the institution of a Council of Censors as a part of the "plan and form of Government of this State," has not adequately secured the purpose contemplated in ita organization, and ought to be abolished, and that a more efficient and less expensive mode of amending the Constitution, should be establislied in its place ; Which was read. And on motion of Mr. Barton of Rockingiiain, Ordered, To lie on the table. Mr. BENTOiy introduced the following resolution, viz : Resolved, That the thanks of this Convention be tendered to the Hon. Thomas Bartlett, Jr., for the ability and courtesy with which he has presided over its deliberations ; Which was read, and passed by a unanhnous vote. 11'^ CONSTITUTIONAL CONVENTION Mr. Hatch introduced the following resolution, viz: Resolved, That two days from the per diem^of the members of this Con- vention should be deducted, and the amount received therefor be re- turned to the Committee on Debentures ; Which was read, and on motion of Mr. Carpenter of Essex, Ordered, To lie on the table. Mr. Pome ROY rnoved that the Convention adjourn without day ; And on the question, shall the Convention adjourn without day ? It was decided in the negative. The yeas and nays being demanded by Mr. Vilas, were taken, and were as follows, viz : Those who voted in the affinnative, were Messrs. Atkinson, Ballou, Barton, of Rockingham, Beede, Benton, Bryant, Carpenter, of Orange, Chamberlin, of Pomfret, Coolidge, Cushman, Dutton, Eaton, Edwards, Forbush, Fuller, Gale, Gorham, of Westminster, Hall, of Stamford, Harris, Hatch, Ilayward, of Addison. Heywood, of Guildhall, Hincklev, Larrabee, Marcy, Mather, Moon, Morse, of Somerset, Noyes, Palmer, of Barre, Pennock, Pomeroy, Rawson, Rice, Rich, of Shoreham, Roberts, of Sheffield, Roberts, of Sutton, Seymour, Smith, of Orwell Stebbins, Stoddard, Stoughton, Townsley, Warner, Woodward, - - 45 CONSTITUTIONAL CON VENTION. li;3 Those who voted iiithr iif native, were Messrs. Morse, of Bethel, Needhaiii, Newhall, Aiken, Allen, Bailey, Ball, Barlow, Bcardsley. Bigelow. Boardmaii, Bottom, Bowdish, Bulkley. Butler. Carpenter, oi' Belvidere, f ^arpentcr, of Esstjx, Chamberlin, of Middlesex, Chase, Darlinjj, Dodge, Downey, Forbes, Fox, Frencii, of Sliaron, Grandy, Plill, of Berlin, Holmes, Haskins, Kellogg-. Lynde, / Marston. McDaniels. Peake, Peircc, Perigo, Perrin. Pike. Hingry, i'iper, Powers, President. Reed, Roberts, of Townshend, Shattuck, Shaw, Sherman, Spencer, Stevens, of Enosburgh, Stimpson, of Norwich, Stocker, Thomas, Thompson, Tracy, Vilas, Wheeler, of Winhall, Whitney, of Brookluie. Whitney, of Springfield, Wilson, ... 59 So the motion to adjourn without day was lost, On motion, the Convention adjourned. lb 114 CONSTITUTIONAL CONVENTION. SATURDAY MORNING, JANUARY 1'^ Prayer by Rev. Mr. Manseu. The journal of yesterday was read and approved. Mr. Vilas introduced the following resolution, viz : Resolved, That this Convention recommend that the several officers to be elected by the people, named in the Articles of Amendment to the Constitution, adopted by this Convention, except Justices of the Peace, be voted for on the State Ticket, and in the same box, and that the Jus- tices of the Peace be voted for in a seperate box, to be provided by the several towns for that purpose. Which was read. And the question, shall the resolution pass ? Was decided in the affirmative ; So the resolution was passed. Mr. Carpenter of Essex, moved that when the Convention adjourn, it adjourn to meet on Monday morning next ; Which motion was adopted. On motion of Mr. Vilas, the Convention adjourned. MONDAY MORNING, JANUARY 14. The journal of yesterday was read and approved. Pursuant to a resolution, adopted by the Convention, tlie Conventiou adjourned witliout day. STATE OP VERMONT. I hereby certify that the foregoing pages, exhibit a true Journal and Record of the proceedings and doings of the Constitutional Convention, began and holden at Montpelier, pursuant to an ordinance of the Council of Censors, on the 2d day of January, A. D., 1850. LUCIUS H. NO YES, Secretary. Hlgglng & Hlggins, Print Stillman Appellate Printing Stillrnan Appellate Printing Company, 200 William UNIVERSITY OF CALIFORNIA AT LOS ANGELES THE UNIVERSITY LIBRARY This book is DUE on the last date stamped below Form L-9 20m-12, '30(3388) roftau 3025 Vermont • IQ .RO Constitution- al convention 1850 - UC SOUTHERN REGIONAL LIBRARY FACILITY A24 AA 000 553 575 2 Journal • JK 3025 1850 A24