J K 3025 1814 'SOCUWINTS DIPT. UC-NRLF B ^ ^Lb bi? / /7 ' JOURNAL )iE THE COUNCIL OF CENSORS, AT THEIR SESSIONS IN JUNE AND OCTOBER, 1813, AlTD JANUARY, 1814, MIDDLEBURY : miNTED^ BX SLADE & FERGITSON. 18U, TV r If' :^'^"i F ^1^ JOURNAL. THE Council of Censors, elected on the last Wednesday of March, A. D. 1813, agreeably to the forty-thud section of the Constitution of the State of Vermont, and an act of the General As- sembly of said State, assembled at the State-house in Montpelier, on the first Wednesday of June, (being the 2d day of the month) in the year of our Lord one thousand eight hundred and thirteen, and in the thirty-seventh year of the Independence of the United States ; — when the following named persons appeared, produced credentials of their election, and took their seats, to wit : — The Honorable ISAAC TICHENOR, Tlie HonoraoU NATHANIEL CHIPMAN, WILLIAM HALL, jr. CHARLES MARSH, ISAAC BAYLEY, LUTHER JEWETT, EBENEZER CLARK, ELIJAH STRONG, NICHOLAS BAYLIES, & ROBERT TEMPLE, The above named members constituting a quo- rum of said Council, they proceeded to the choice of a President and Secretay ; — ^when, the ballots having been taken, sorted and counted, it appeared that the Honorable Isaac Tichenor was elected President of said Council, and Robert Temple was elected Secretary. Esquires, **'Mk 'Mairsh moved the following Resolution, which was read and passed, to wit : In Council of Censors, ) MontpeUer, June 2d, 1813. ) jResolved, That the Rev. Chester Wright be re- quested to attend this Council during the present session, as Chaplain, and that the meeting of the Council be opened every day with prayer, at 9 o'clock in the morning. On motion of Mr. Marsh, the following Resolu- tion was read and adopted : Resolved, That the Sheriff of the County of Jef- ferson be, and he hereby is requested, to attend by himself or deputy, the meeting of this Council, dming its present session. The Council adjourned until 9 o'clock to-mor- row morning. Thursday, 3d June 1813, 9 o^ clock A. M. The Council met pursuant to adjournment. On motion of Mr. Chipiuan, Resolved, That a committee of three members be appointed, to be denominated a Committee of Ar- rangement, to propose and report such business for the consideration of the Council as they may think proper. Members chosen, Messrs. Chipman, Marsh and Tichenor. The Council adjourned until 2 o'clock this af- ternoon. At 2 o'clock P. M. the Council met pursuant to adjorirnment. Mr. Chipman, from the Committee of Arrange- ment, made the following Report, in part : In Council of Censors, June 3d, 1813. The Committee to whom was referred the ar- rangement of business which ought to be taken up by Uie Council, Report^ w That the said Council ought to enquire, Urst — Whether all the statutes now in force are consistent with the various provisions of the consti- tution. Under this head they ought to enquire, 1st, Into the constitutionality of the act estab- lishing a State Bank, and the various acts on the same subject. 2d, They ought to enquire into, and examine the act entitled "an act to prevent intercourse with the enemies of this and the United States." 3d, They ought to enquire into the constitution- ality of the act entitled '^an act to provide for the raising a volunteer corps for the service of the United States." 4th, Into the constitutionality of the act, entitled "an act suspending civil process against the per- sons and property of the officers and soldiers of this State, while in service." Second — Whether the public taxes have been justly laid and collected in all parts of the State. Third — In what manner the public monies have been disposed of. Under this head they ought to enquire, 1st, into the expenditure of the public monies in the management of the State Bank. 2d, Into the expenditure of monies appropria- ted for the building of a State prison. 3d, Into the expenditure of public monies by various acts of the Legislature in making par- ticular appropriations. Fourth — They ought to enquire whether the laws have been duly executed. Under this head they ought to enquire, 1st, Whether the military power has not, in re- peated instances, violated the sacred rights of civil liberty, of individual citizens ; — and whether the executive autliority of this State {lave taken proper measures, as guardians of 6 the rights of the people, to discountenance and prevent such encroachments. 2d, Whether many of the County Courts have not, in derogation of the rights of creditors, wantonly abused the discretion confided to them by the laws, in setting out liberties of gaol yards. Fifth — They ought to enquire whether it is the duty of the Council to recommend any, and what alterations or amendments in the Constitution. 1st, Particularly the introduction of ^Senate as a co-ordinate branch of the Legislature. 2d, To designate the powers and duties of the Governor ; to provide for a Council of Re- vision on laws to be passed. 3d, To provide for a different mode of appoint- ments to office — particularly the appointments of Judges of the Supreme Court; and wheth- er they ought by the Constitution to hold their offices during good behaviour; and yet be re- movable by a concurrent resolution of both houses ; — and whether their Compensation ought not to be fixed. 4th, Whether it be necessary to continue the Court of Chancery ; and if continued, whether it ought not to be a separate court. 5tb, Whether it would not be proper to organ- ize the County Courts in such manner as to divide the State into circuits, with a Chief Jus- tice to preside in each Court in his circuit, and to hold his office on the same tenure as the .fudges of the Supreme Court ; and to fix the tenure of office for the Assistant Judges and Justices of the Peace, &c. &:c. All which is submitted by N. CBIPM AN, /or Committee. Daniel Farrand, Esq. appeared, produced cre- dentials of his election ai a member of thi^ Coun- cil^ and took his seat. The Council adjourned until 9 o*clock to^nor* row morning. Friday yUk June, 1813, 9 o'clock A. M. The Council met pursuant to adjournment. The Committee of Arrangenfient made the fol- lowing additional Report : in Conncil of Censors, June 4, 1B13. The Committee to whom was referred the ar- rangement of Fnisiness which ought to be taken in- to consideration b}' the Council, further Report : That the Council ought to enquire into the ex- pediency of making constitutional provision for se- curing to the citizens of this State the privilege of the writ of Habeas Cormis. N. CHIPMAN, Jor Committee. Which additional Report was read and accepted. The Report of the Committee of Arrangements was taken up and read by paragraphs ; when, that part of the Report which relates to the enquiry t\^hether all the statutes now in force, are consistent with the various provisions of the Constitution, w aa^ referred to a committee of two, consisting of Messrs. Parrand and Edmonds. On that part of the Report which relates to the enquiry whether the public taxes have been justly laid and collected in all parts of the State ; the President is requested to communicate with the Treasurer of this State on tbat subject, with a view to obtain the necessary information. On that part of the subject of said Report, which relates to the enquiry, in what manner the public monies have been disposed of, Mr. Farrand intro- duced the following Resolution, which was read and adopted : Resolved, That a committee of two be appointed to enquire into the expenditure of public monies during the last septenary ; and that said committee have power to call on the Treasurer, and all other officers of this State, to furnish such documents as they may deem necessary to elucidate the subject* Members chosen, Messrs. Baylies and Marsh. That part of the Report which relates to the en- quiry whether the laws have been duly executed, was referred to a committee of three, consisting of Messrs. Farrand, Temple and Baylies. That part of said Beport which relates to the proposal of alterations and amendments to the Constitution, w as, on niotion of Mi*. Marsh, refer- red to a committee of two. Members chosen, Messrs. Cliip:nan and Temple. A letter was received, directed to the Council of Censors, dated .Jericho, .Tune 1, 18] 3, signed .John Thompson, complaining of the Judges of the Su- preme Court, &c. which was read. The Council adjourned to the second Thursday of October next, to meet at 10 o'clock A. M. at the State-House. On the second Thursday of October, (being the 14th day of the month) A. D. 1813, several mem- bers of the Council of Censors met at Montpelier, pursuant to adjournment ; and a quorum not being present, adjourned until to-morrow morning, at 9 oi'clock. Friday, 15th Oct 1813, 9 o'clock A. M. The Council met pursuant to adjournment; and there not being a quorum present, adjourned until to-morrow^ morning at 9 o'clock. Saturday, Oct. 16, 1813, 9 o'clock. A, M. The Council met puisuaat to adjournment, and a quorum appeared. A letter was received from William Barton, da- ted Danville Gaol, Oct. 12, 1813, complaining of the conduct of the J udges of the Supreme Court ; which was read. A communication was received from Joseph Hi Ellis, complaining of the conduct of tiie Judges of \ 9 the Supreme Court, and sundry other officers of the Government ; which was read. Mr. Hall introduced the following Resolution, which was read and adopted, to wit : In Council of Censors, Oct. 16, 1813. Resolved, That this board will meet the two branches of the Legislature in the Representatives* room, at the opening of the House in the morning, for the purpose of attending prayers ; and that the meeting of this board be at nine o'clock in the morning, during the present session. The Council adjourned until two o'clock this af- ternoon. At two o'clock P. M. the Council met pursuant to adjournment. On motion of Mr. Marsh, Mr. Bayley was added to the committee on that part of the Repoil of the CmnmiUee of Arrangement which relates to the en- quiry, whether all the statutes now in force are consistent with the various provisions of the consti- tution. To give time to the several committees, the Council adjourned until Monday next at 9 o'clock A.M. MoMayy lUh Oct 9 o'clock A, M. The Council met pursuant to adjournment ; and none of the committees being ready to report, ad- journed to 2 o'clock this afternoon. At 2 o'clock P. M. the Council met agreeably to adjournment — and after some time spent in ses- sion adjourned until to-morrow morning. Tuesday, 1 9/A Oct 9 o'clock A. M, Mr.Chipman moved, that the committee to whom was referred that part of the Report of the Cowi- miitee of Arrangement which relates to the propo- sal of alterations and amendments to the Constitu- tion, be discharged ; which passed in the negative. The Council adjourned until to-morrow morning to give time to the sevei al committees to make re- port.. . B 10 Wednesday, 20th Oct 9 o'clock A. M. The Council met agreeably to adjournment. The Committee appointed to enquire whether all the statutes of this State, now in force, are con^ sistent with the various provisions of the Constitu- tion, made the following Report : 'To the Honorable the COUNCIL OF CENSORS, now convened at Montpelier, Your Committee appointed to enquire whether ^ all the statutes of this Stale, now in force, are con- sistent with the various provisions of the Constitu- tion ;— Report in part : That the act entitled "an act to prevent inter- course with the enemies of this and the United States, on the northern frontiers," passed the 6th day of November, A. D. 1812, is, in the opinion of this committee, unconstitutional in the following particular : 1st. It appears to this committee, that this is a subject on which the Legislature of this State have no right to act ; the whole power to regulate com- merce and the intercourse with foreign nations, both in peace and war, have been delegated to the Congress of the United States. 2d. The second section of said act authorises any olie who may suspect that another is driving cattle, or carrying property to the province of Lower Canada, to apprehend such person witliout warrant, and him detain, until a warrant can be obtained : which your committee conceive to be a direct vio- lation of the l]th article of the Bill of Rights. 3d. That the third section of the said act, de- prives the person whose property may be siezed under the same, of his rigiit to trial by jury, or even of any trial, by making no provision for giving . notice of the seizure, or of his property being li- l)eiled, and makes it the duty of the Justices be- fore wliom the same is libelled, to proceed immedi- ate *y to condemn the same. 11 4th. By the fourth section of said act, every justice of the peace, within his jurisdiction, is au- thorised, without warrant, to inspect the trunks or papers of any person travelling to or from the prov- ,ince of Canada, or elsewhere, under suspicious cir- cumstances, and open the same, if necessary, and to detain such papers as he may deem improper to be carried to or from said province ; whereas, by the 11th article of the Bill of Rights, it is declared, "that the people have a right to hold themselves, their papers, and possessions, free from search or seizure," &c. : for which reasons your committee are of opinion that the said act ought to be public- ly censured by this Council ; and that the repeal thereof be recommended to the Legislature. ^ Your Committee further report, that the act en- titled an act, suspending civil process against the persons and property of the officers and soldiers of this State, while in service, passed the 6th of November, 1812, is contrary to the Constitution of this State ; inasmuch as the said law suspends the right of action, which every citizen ought to have for redress of .any wrongs or trespasses Vi^hich may be x:ommitted or done by that particular class of people, and tend not only to raise the military over the civil authority, but actually to put the citizens under the control of the officers and soldiers who may be stationed in this State ;— wherefore your committee are of opinion, that the last mentioned act ought also to be publicly censured, and the re- peal thereof recommended to the Legislature. Your Committee have examined the laws passed at the last session of the Legislature, to provide for the raising a volunteer corps, aiitl although they believe those acts are as exceptionable as those be- fore mentioned, yet as they have expired, and cea- sed to operate, your committee have not thought it worlii while to notice them anv farther. All w hich is submitted by DANIEL FARRAND, Oct, 20///, 1813. ISAAC BA YLE Y. 12 The foregoing Report having been read, was or- dered to lie on the table. llie Council adjourned until 2 o'clock P. M. At 2 o'clock P. M. the Council met according to adjournment. Mr. Chipman, from the committee to whom was referred that part of the Report of the Committee of Arrangement^ which relates to the proposal of al- terations and amendments to the Constitution, made Report : That in the opinion of your committee, it will be expedient to propose amendments to the follow- ing etiect : 1st. To propose a Senate in lieu of the present Executive Council, to be, with the House of Rep- resentatives, a co-ordinate branch of the Legisla- ture. 2d. The Senate to be composed of members elected from each County. The Freemen of any County, which shall at any time be found to con- tain, agreeably to the census of the United States, not less than seven thovsand inhabitants, shall elect two Senators of such County ; and the Freemen of each County which shall in like manner be found to contain less than seven thousand inhabitants, shall be entitled to elect one Senator for such County. To make a provision for ascertaining and giving notice to the Senators who shall be chosen at the first election ; to be thereafter regulated by law. That a majority of the Senators elected constitute a quorum. The Senate to have the like power to decide on the elections and qualifications, and to expel any of its members, as is provided in the case of the House of Representatives, and to appoint its own officers. The Lieut. Governor to be Pres- ident of the Senate, except when he shall exercise the office of Governor ; in which case, and when the office shall be vacant, the Senate to appoint one of its own members President jtro tempore. 13 The Lieut. Governor, when presiding in the Sen- ate, to have a casting, but no other vote. 3d. The Governor and Lieut Governor to be elected in the manner prescribed by the constitu- tion and laws of the State ; to hold their respec- tive offices for one year, from the day of declar- ing their election, until the first day inclusive of the next annual session of the Legislatuie. 4th. Hereafter, the person having the greatest number of legal votes for Governor, shall be de^ Glared duly elected. 5th. If there shall at any time be no due election by the Freemen, of Governor or Lieut. Governor, the Senate, when organized, and the House of Rep- resentatives, shall, by joint ballot, elect to the of- fice of Governor or Lieut. Governor, as the case may be, one of the two candidates for those offi- ces, respectively, for whom the greatest number of legal votes shall have been returned. In the ab- sence of the Governor, or in cases of inability or vacancy in the office, the Lieut. Governor shall exercise the powers of Governor; and provision shall be made by law for designating the officer, who, in the absence, inability, or vacancy in the offices of both Governor and Lieut. Governor, shall exercise the office of Governor. 6th. With a proviso, that no person shall be eli- gible to the office of Governor or Lieut. Govern- or, or to be a Senator^ or Representative, unless he shall be a Freeman of the State, shall have been five years a citizen of the United States, and shall have resided in this State three years next before his election, the last year of which in case of a Senator, shall have been in the County, and in case of a Representative, in the town, for which he shall be elected. 7th. That a Senator shall be incapable of hold- ing any of the following offices or places, to wit: or any office in the Judiciary w hich is to be hold- 14 en during good behaviour ; but the acceptance of any of the places or offices before mentioned, shall vacate his seat in the Senate. 8th. In addition to the command in chief of the Militia, and the ordinary and constituted powers of the Executive, which are hereafter to be vest- ed in the Governor, that he shall nominate, and by and with the advice of the Senate, appoint all Judges in the courts of law and chancery, Sheriffs, High Bailiffs, and Justices of the Peace, Major Generals and Brigadier Generals in the Militia, and in like manner to nominate and appoint all other officers under the constitution and laws of this State, for whose appointments provision shall not be otherwise made by law, or by the constitu- tion as amended. 9th. To provide for a court of chancery distinct from the courts of law, with general jurisdiction in causes proper for a court of Equity. The Chan- cellor to hold his office on the same tenure, re- movable in the same manner as the Judges of the Supreme Court ; and to be in like manner secure in respect to his compensation. 10th. The Judges of the Supreme Court to hold their offices, respectively, during good behavior ;' removable nevertheless, by a concurrent resolu- tion of the Senate and House of Representatives, passed by a majority of two thirds of each House. ^ 11th. Each .Judge shall receive a compensation to be fixed by law, and which ehall not be dimin- ished during his continuance in office. 12th. The Chief .Judges of the several Circuits of the County Courts, or Common Pleas, whenever such Courts shall be established in lieu of the pres- ent system of County Couiis, shall hold their re- spective offices on the same tenure, and remova- ble in the same manner, as is provided in the case of Judges of the Supreme Court. 13th. All other Judges of any of the Couiis of 15 law, Judges of Probate and Justices of the Peace, to hold their offices for seven years from the tune of their respective appointments, and no longer, unless re-appointed ; subject to be removed as iu the case of Judges of the Supreme Court. 14th. To provide that the privilege of the writ of Habeas Corpus shall not be suspended ; and that provision shall be made by law to render it an expeditious and effectual remedy in all cases proper therefor. 15th. To provide that the Governor, with the Judges of the Supreme Couii, and Chancellor, when there shall be such officer, shall be a council of revision ; to whom all acts shall, before they become laws, be submitted for revision ; and who, if they shall deem any act inexpedient, improper, or unconstitutional, shall, within a time to be pre- scribed, return such act, with their objections in writing, to the House in which the same originat- ed ; and such act shall not become a law, unless the same shall be re-passed by two thirds of the members present in each House. 16th. The Governor to have the power of calling the Legislature to meet on special occasions, and to adjourn the two Houses if they cannot agree on a time of adjournment. All which is humbly submitted, by N. CHIPMAN, for Com.mittee. The foregoing Report having been read, was ac- cepted. Mr. Marsh called up the Report of the Commit^ tee to enquire whether all the statutes of this S tat^ now in force, are consistent v> ith the various pro-* visions of the Constitution, which having been again read, was accepted ; and the following Res- olution was introduced and passed, to wit : — In Council of Censors^ Oct 20, 1813. Resolved, That Messrs. Marsh and Farrand be a Committee to report to the Council resolutions. 16 tccommending the repeal of the Act entitled " An Act to prevent intercourse with the enemies of this and the United States, on the northern frontier," passed 6th Nov. 1812 ; and the Act entitled " An Act to suspend process against the persons and property of the officers and soldiers of this State, while in service," passed the day last aforesaid, as- signing reasons for repealing each Act respective- On motion of Mr. Chipman, to-morrow mormng is assigned to take up the Report of the Commit- tee on the proposal of alterations and amendments to the Constitution. The Council adjourned until 9 o'clock to-mor- row morning, Thursday, Oct 21, 1813—9 o'clock A. M. The Council met according to adjournment. Mr. Marsh, from the Committee appointed yes- terday to report to the Council Resolutions, recom- mending to the Legislature the repeal of certain Acts— made a Report in part, which was accepted ; and the said Report having been read by para- graphs, and having undergone sundry amendments, was adopted in the following words : In Council of Censors, Oct 21, 1813. Mesolved, That the act of the Legislature of this State, entitled " An act suspending civil process against the persons and property of the officers and soldiers of this State, while in service," passed on the 6th Nov. last, is subversive of the rights and privileges of the citizens of this and the United States ; and its various provisions are made in vio- lation of the letter and spirit of the constitution of the United States, and the constitution of this State. It is a violation of the constitution of the Unit- ed States, In that the said act provides, " that no writ of summons or attachment against the body or prop- IT erty of any officer or soldier belonging to this state, while in actual service, shall be had or pros- ecuted, nor any judgment rendered thereon ; nor any writ or writs of execution issued after the passing of said act, against any such officer or sol- dier, on any judgment or judgments already ren- dered." Whereas the said constitution provides that " the constitution and the laws of the United States, which shall be made in pursuance thereof, shall be the supreme law of the land : and the judges in every state shall be bound thereby, any thing in the constitution and laws of any state to the con- trary notwithstanding :" and the said laws of the United States, made in pursuance of the said con- stitution, do confer on the citizens of this and the United States, the right of suing the citizens of this state, both officers and soldiers, in various instan- ces in the said laws enumerated. It is a. violation of the said constitution. In that the subject matter thereof is, by the said constitution, confided to the legislature of the U- nited States, which had, before the passing of the said act, acted on tlie subject in such manner, that whatever privilege of suing the officers and sol- diers, was not taken away by the act of congress^ is virtually secured to th^ citizens of this and the United States, and cannot be alfected by any net of any particular state. It is a violation of the said constitution, la that its direct tendency is to impair the judi- cial power of the United States, as secured to them in the second section of the third article of the said constitution, and, in pursuance thereof, delegated to the courts of the United States, by the various acts of Congress. It is a violation of the said constitution. In that it is a law impairing the obligation of contracts, contrary to the provisions of the tenth 18 section of the first article of the said constitutionv It is a violation of the constitution of this state. In that it exempts the militaiy from the consti- tutional subordination to the civil power ; and sub- jects the citizens of this and the United States to injury, abuse, and deprivation of civil liberty, by the said officers and soldiers, and leaves them without redress by suits at the common law, con- trary to the sixteenth article in the bill of rights of the said constitution. It is a violation of the said constitution. In that it is an unnecessary delay, and even de- nial of recourse to the law^s and of justice, to the citizens of this and the United States, contrary to the fourth article of the said bill of rights. It is a violation of the said constitution. In that it has a tendency to deprive the citizens of this state, and the citizens of the United States, who come among us, of the unalienable rights of enjoying and defending life and liberty ; acquir- ing, possessing, and protecting property, and pur- suing happiness and safety, contrary to the first article of the said bill of rights — Therefore, JResoIved, That this council, as watchmen upon the walls of the political safety and happiness of the people of the state of Yermont, view, with deep concern, the multiplied aggressions of the military power, both officers and soldiers, during the year past, upon the civil rights, privileges, and property of the peaceable, unoffending, and de- fenceless citizens of this state. Resolved, That while we witness, not only the existence of the said aggressions, but perceive that they are not only ])ermitted, but, through the im- punity afforded to the aggressors, have even been invited by the solemn act of the legislature of a free, sovereign, and independent people, in the provi.*:ions of the act aforesaid ; — not to remonsiratey 19 wotild be to join in overthrowing the liberties of our country, and betraying a trust reposed in us by the constitution of this state. Resolved, That this council do earnestly recom- mend to the legislature of this state, now in session, the immediate and unqualified repeal of the said act — and that the secretary of this board forthwith transmit a copy of these resolutions to the speak- er of the house of representatives, to be laid before that honorable body for their consideration. The petition of William Gibson and others, in- habitants of Ryegate, Barnet and Topsham, who ** profess the Presbyterian religion as it has been professed in the purest times of reformation," and who ** look upon that form of church government to secure ihe rights of God and man better than any other ;" — and praying that the constitution may be so amended, as that *^ the scriptures of the Old and New Testament shall he declared the supreme rule in all things, and paramount to all laws and constitu- tions ; and that no law, contrary to, or inconsistent 7viih the same, shall he binding on the conscience of any Christian/'' — was received and read, and laid on the table. The Council adjourned until 2 o'clock this af- ternoon. At two o'clock P. M. the Council met according to adjournment. On motion of Mr. Marsh, Messrs. Jewett and Hall are appointed a committee to examine the account of orders drawn on the Treasurer of this State by the Auditor of Accounts for the last sev- en years ; — and make report to tliis Council. The Council adjourned until to-morrow morn- ing. Friday, Oct. 22,-- 9 o'clock A. M The Council met according to adjournment. On motion of Mr. Hall, the Council took up the proposed amendments to the constitution, as re- 20 ported by the Committee on that subject ;-**and having spent considerable time in the discussion of the same, adjourned to 2 o'clock this afternoon. At two o'clock P. M, the Council met pursuant to adjournment, and having spent some time Oft the proposed amendments to the constitution, ad- journed until to-morrow morning. Saturday^ Oct 23, — 9 o^dock A. M. The Council met according to adjournment, and took up the proposed amendments to the constitu^ tion, as reported by the Committee appointed on that subject. The second proposition was, on motion of Mr. Marsh, referred back to the Committee, to make a new^ arrangement for the election of a Senate. The fourth proposition as reported by the Com- mittee, was ordered to be stl-jcken out. After considerable time spent in the discussion of said report, the Council adjourned until 2 o'clock this afternoon. At two o'clock P. M, the Council met pursuant to adjournment. Mr. Farrand, from the Committee appointed by resolution on the 20th inst. reported the following resolutions : In Council of Censors, Oct 23, 181 3. Resolved, That having examined an act of the Legislature of the State of Vermont, passed the 6th day of Nov. 1812, entitled " An act to prevent intercourse with the enemies of this and the Unit- ed States, on the northern frontier," this Council is of opinion, that the said act is contrary to the va- rious provisions in the constitutions of this and the United States. It is contrary to the provisions of the constitu- tion of the United States, in this : — That by the said constitution of the IT. States, the power to regulate commerce with foreign na- tions, and to regulate captors both by land and 21 water, are delegated to the congress of the United States ; — and the before mentioned act seems to be an attempt to wrest this power from congress, and place it in the hands of the legislature of this state, by regulating commerce with the province of Canada ; and by authorizing captors both by land and by water. It is contrary to the provisions of the constitu- tion of this state, in this : — By that constitution, the right to trial by jiUy is secured to every citizen, in cases proper to be tried by jury : whereas this act deprives any person, whose property may be seized under the said act, of the right to such trial, and even of any trial, by authorizing any three justices in the state, one of whom to be a judge of the county court, without regard to time or place, immediately on receiving a libel of said property, to proceed and condemn the same, without any notice that his property has been seized and libelled. Altbough this council feel a deep concern at this departure from the rules established by our constitution, and by the uniform practice for a series of years, in settling and establishing the rights of property : yet they feel it to be of litile moment when compared with the violations of per- sonal liberty, which appear in various parts of this act. We find by the second section of the said act, that any citizen of this or the United Stales, while about his lawful and necessary business, may, on the suspicion, or pretended suspicion, of any one, be deprived of his liberty, and held in durance un- til a warrant can be obtained to take him before a magistrate ; there — -not to answer for any crime committed, but to give secmrity that he will not be guilty of the crime, which the person apprehending him, suspected he was about to commit. We find by the fourth section of the act under 22 consideration, that every person travelling through this state, under suspicious circumstances, is liable to have his trunk opened and searched — his pa- pers, of whatever kind, searched and seized, by any and every justice of the peace, within whose jurisdiction he may happen to be ; and this without any warrant obtained therefor. We need only refer you to the eleventh article of the bill of rights to prove the repugnancy of this act to our sacred constitution. This council, acting as faithful censors and guar- dians of the liberties of the people, cannot refrain from observing, that such acts of the legislature have a demoralizing influence on society ;— tend to let loose one class of citizens against the other ; — to produce recriminations and revenge ; and to in- troduce discord and confusion in this once happy and peaceful state.— Therefore, Resolved, That the speedy and unqualified re- peal of said act, be recommended to the legisla- ture ; and that the secretary to this board be di- rected to transmit a copy hereof to the speaker of the house ot assembly, to be laid before that honor- able body. The foregoing reported resolutions having been read, were adopted. Mr. Marsh introduced a resolution declaring an act of the legislature, directing the deed of Job , and Theoda Wood to be given in evidence, to be unconstitutional ; which was read, and ordered to lie on the table. The proposed amendments to the constitution were again taken up ; and after considerable dis- cussion thereof, were referred back to the commit- tee on that subject, to report specific articles. On motion of Mr. Chipman, Messrs. Hall and Farrand were added to the committee on the pro-» posed amendments to the constitution. The Council adjourned until Monday ©ext. 25 Monday, Oct. 25, 1813.— 9 o'clock A. M. The Council met according to adjournment, and took up the resolutions introduced on Saturday last by Mr. Marsh ; which having been read, pass- ed in the words following, to wit : In Council of Censors^ Oct, 25, 1813. Resolved, That the act entitled " An act direct- ing the deed of Job and Theoda Wood to be given in evidence," passed the 20th October, 1812, is un- constitutional, and ought not to have been passed. The said act recites, that, " whereas Job Wood, and Theoda Wood, wife of said Job, late of Ben- nington, in the county of Bennington, did execute a deed, granting all their right and title unto the estate, both real and personal, of Henry Walbridge, 2d. late of said Bennington, deceased, to Stebbins Walbridge, of said Bennington, dated the 26th day of March, 1800, which deed was, on the 14th day of March, 1801, at said Bennington, duly acknowl- edged by the said Job, as also by the said Theoda, separately and apart from her husband, as the law requires ; — that the same was executed freely, and without any compulsion of her husband ; a certifi- cate of which said acknowledgment was then and there made upon the said deed, by Samuel Saf- ford, then councillor and justice of the peace, be- fore whom the said acknowledgment was made, the said Job Wood and Theoda Wood, his wife, per- sonally appeared, and as the law directs, severally acknowledged the same to be their free act and deed, before said justice : — and whereas doubts have arisen whether the said deed could be read in evidence ; which to remove, the said act enacts— " That the said deed herein before described be, and the same is hereby directed to be good and valid, and that the same shall, to all intents and pur- poses, have the same force and effect as if the cer- tificate of acknowledgment had been made in the usual form.'* 24 .The said act is uneonstitutional-^-In th«t it ap- pears in the recitative clause of the said act, that the said deed, for want of a proper acknowledg- ment endorsed thereon, and recorded at length with the said deed, was, by the existing law of this state, absolutely void ; and that in consequence thereof the title to the real estate described in the said deed, remained vested in the said Theoda Wood, and might have become, at the time of passing the said- act, vested in her heirs, or subsequent grantee. The enacting clause of the said act therefore tends to divest one individual of a private right and title, and to invest the same in another individual, by a sovereign act of the legislature -.—whereas the constitution does not confer on the legislature anjr power to decide on rights of individuals ; and e ve^ ry attempt thus to decide on, and destroy the? rights of individuals, by the legislature, is an am sumption of pow er not warranted by the constitu- tion. — Therefore, Resolvedy That this Council do recommend ta the legislature now in session, to repeal the said' act ; and that the secretary of this board be di- rected to transmit, forthwith, a copy of these reso- lutions to the speaker of the house of representa-^^ tives, for the consideration of that honorable body. The Council adjourned to 2 o'clock this after- noon. At two o'clock P. M. the Council met agreably to adjournment,— and after having had under con-^ sideration the proposed amendments to the consti- tution, with a view of instructing the committee on, that subject ; adjourned until to-morrow morning.' Tuesday, Oct. 26.-~9 o'clock A, M. The Council met according to adjournment,— and to give time to the several committees, adjourn-^ ed until 2 o'clock this afternoon. At t»o o^clock P. M. the Council met according to adjourfiment. The Committee on the proposed amendments to the constitution, made a detailed report of articles to be added to the constitution — which was read and accepted : and the same having been discussed, and several amendments made thereto, tiie Coun-» eil adjourned until to-morrow morning. Wednesday, Oct 27— -9 o'clock A. M. Tlie council met according to adjournment. The Council took up the articles reported by the Committee on the proposed amendments io the constitution; and having gone through the same by paragraphs, and several amendments hav- ing been made thereto, was adopted as follows ; and ordered to be engrossed, to be signed by the members, and proposed to the people as amend- ments to the constitution. 1st. There shall, hereafter, in lieu of the present Executive Council, be a Senate ; v^hich, with the liousQ of Representatives, shall be a co-ordinate branch of the Legislature of the State of yermont. 2d. The Representatives shall be elected, as is provided by the present Constitution. The Sen- ate and House of Representatives shall constitute i}\e General Assembly of the State of Vermont, 3d. The Senate shall be composed o{ twenty-four Senators, to be elected by-: the Freemen of each County respectively ; the votes to be given for the whgle number to be elected for such County, ia the same manner as is provided in the election of Councillors ; eacli County to be entitled to one, and the remainder to be appoilioned to the several Counties, according to their population, agreeable to the last Census of the United States, regard al- ways being h?d, in the apportionment, to the Coun- ties having the greatest fraction. The several Counties shall, until after the next Census of the United States, be entitled to elect their Senators, 26 in the following proportion, to wit : Benningloit County two — Windham County three — Rutland County three — ^Windsor County four — Addison County two — Orange County two — Chittendenr Coutity one — Caledonia County one — Franklin Coanty two — Orleans County one — Essex Coun- ty one — Grand-Isle County one — and Jefferson County one. And the persons having the great- est number of legal votes, shall be declared duly elected. The Legislature shall make a new appor- tionment of the Senators to the several Counties, after the taking of each Census of tiie United States; always regarding the above provisions in this Ar- ticle. 4th. For the first election of Senators, after the adoption of this amendment, the Freemen of the several towns in each county, shall give their votes for the number of Senators apportioned to such coun- ty, at the same time ; and under the same regula- tions,^ as is provided for the election of Council^ lors. Ariel the Constable, or presiding officer, shall, in lite manner, sort and count the said vofes» and make two lists of the name of each person, with the number of votes given for each, annexed to his nftme ; a record of which shall be made in the tow^ri clerk's office ; and shall seal lip such listk separately, and write on each the name of the town, and these words, " Voles for Senators /' one of which lists shall, by iiie presiding officer, be de- livered to the representative for said town, to be transmitted to the President of the Senate; the other list, the said presiding officer shall deliver ta ilie Clerk of the County Court for said County,, within ten days ; whose duty it shall be to sort and count said votes, and make a record of the same ; a copy of which he shall transmit to the Senate; and ihall also, on or before the first day of Octo- ber (hen next, transmit to the person or persons liavingthe greatestnumber of votes for Senator or h^eiiators, a certificate of his or their election. 27 otb. The members of the Senate shall be elect- ed for three years ; and immediately afte?* the first election, shall be divided by Jot into three classes; the seaj^s of the first class to be vacated at the end of the first year, and the seats of the second class at the end jof the second year ; and so on continually, to the end, that one third of the Sen- ate may be elecjted annjually. 6th. At the first sessipn of the Legislature after organization of JLhe Senate, provision shall be made, by law, directing the mode of giving in, sorting, counting, certifying, and returning, the votes for Senators ; aijd for mlijig all vacancies, fey ordering a new election in the County, or Counties, where such vacancy may happen, in the Senate, by re- signation, or otherwise. 7th. The Senate shall h^ve the like powers iq decide on the elections and qualifications, and to ex* pel any of its members, and to make its own rules^ and appoint its own officers, as is provided jn the case of the House of Representatives. A major part of the Senators shall constitute a quorum. The Lieutenant Governor shall be President of the Senate, except when he shall exercise the office of Governor ; in which pase^ and when the office shall be vacant, and in the absence of the Lieuten- ant Governor, the Senate shall appoint one of its own members, President pro tempore. The Lieu- tenant Governor, when presiding in the Senate, shall have a casting, but no other vote. 8th. The Senate shall have the sole power to try all impeachments. When silting for that purpose^ they shall be on oath or qiffirmation. INo person diall be convicted, without the concurrence of two, thirds of the members present. Judgment in cases of impeachment, shall not extend luilher than to removal from office, and disqualification to hol4 and enjoy any office of honor, trust or profit, under this State. But the party convicted shall npver- 21 ihelm% b^ liabM md lubjec^ 15 iftdietmmit, u-tolj judgment, and punishment, according to law. 9th. The Goternor and Lieutenant Goy^rfldT shall be elected in the lAannef prescribed by Ihd Constitution and laws of this State ; and shall hol4 their respective offices from the day of declaring their election, imtil the first day, indusive, Of tht next annual session of the Legislature* Th^ troti^i for Governor, Lieutenant Goternor and Trfe^- urer, shall be sorted and counted, and their ^l^e» tions declared, by a conlmittee appointed by thd Senate and House of Representatives* If th^Uft shall, at any time, be no due election by ibe Fre^ men, of Governor or Lieutenant Governor, the Senate, with the House of Representatite^j shall^ by joint ballot, elect to the officfe of Govertiol- ^ Lieutenant Governor, as the case itiay be, one of the two candidates for those offices, respectively^ for whom the greatest number of votes shall haVft been returned. 10th. No person shall be eligible to the office t&f Governor, Lieutenant Governor, Senator or Rep^ resentative, unless he be a Freeman of this Statfe^ and have been five years a citizen of the UMtfed States ; and have resided in this State three yeaft next before his election ; the last year of which, ift case of a Senator, shall have been in the County, and in case of a Representative, in the town for which he shall be elected. 11th. No person shall be allowed to vote in ^ny of the elections aforesaid, unless he be a citizen of this and the United States. 12th. The Governor shall be Captain GefteiflJ and Commander in Chief of the Militia of tliil State ; he shall commission all officers, and fill all vacancies in office, occasioned by death or other- wise, by commissioning some fit person or persons, as the case may require, to exercise the powers and perform the duties of such office, until the same m can be iBlted in the manner directed bj law or this Constitution ; he may require tlie opinion in wri- ting of the Judges of the Supreme Court, on any legal Or constitutional question, relating to the powers and duties of his office ; and may also de- mand of any officers, in the executive department, information, or their opinion, on any subject tela* ting to the duties of their respective office* 13th. The Governor shall have power, after con- victions) to grant pardons, for otFences against this State, except in cases of impeachment and capital offender ; but he shall, in capital offences, have power, by granting reprieves, to suspend execution until afteV the next session of the Ligiglature ; in which cases the LegislJiture, only, shall hate pow« er to pardon* 14th. In addition to the powers herein befoi-e mentioned, and the ordinary powers and duties of the executive, prescribed by the Constitution and laws of this State, the Governor shall norainat^j aiid by and witli the advice and consent of the Sefi* ate, appoint all Judges in the Courts of Law and Chancery, Judges of Probate, Sheriffs, High Bai* liffs. Justices of the Peace, and Major and Biigadier Generals. A nd also in like manner, to nominato and appoint all other officers for whose appoint)- nients provision i^hall not be otherwise made by law or tliis Constituti<^. 15th. The Representatives of the several Coun- ties, shall, at every session of the legislature, from time to iixm, in County Convention, recommend to the Got'tH-nor suitable persons to be appointed Justices of the Peace, in the several towns in their i^gpective Counties, when such appointments shall be necessa^ry : And shall, in like manner, when the appointment of a Sheriff* or High Bailiff; shall be necessary in any County, recommend two suitable pei^ons, for each or either of said offices, a« the ci^ nmy be 5 mA \)m Qmt^ttii^ shall Bomintte to 30 each office, respectively, one of the two persons recommended. 16th. The Governor shall have power, in case he deem it expedient, to call a special meeting of the Legislature. 17th. To the end that Laws, before they are enacted, may be more maturely considered, and the inconvenience of hasty determinations as much as possible prevented, every bill which shall have passed the House of Representatives and Senate, shall, before it becomes a law, be presented to the Governor; if he approves, he shall sign it; if not he shall return it, with his objections, in writing, to the House in which it originated ; who shall en- ter the objections at large on their Journal, and pro- ceed to reconsider it. If after such reconsidera- tion, three fifths of that House shall agree to pass the bill, it shall be sent, together with the objec- tions, to the other House, by which it shall like-; wise be reconsidered ; and if approved by three fifths of that House, it shall become a law. But in all 8uch cases, the votes of both Houses shall be deter- mined by yeas and nays ; and the names of the persons voting for or against the bill, shall be en- tered on the Journal, of each House respectively. If any bill shall not be returned by the Governor within five days, (Sundays excepted) after it shall have been presented to him, the same shall become • a law in like manner, as if he had signed it, unless the Legislature, by their adjournment, within three days ailer the presentment of such bill shall pre- vent its return ; in which case it shall iM become a law. 18th. There shall be established in this State, a Court of Chancery, distinct from the Courts of law, with general jurisdiction in causes properly deter- minable in equity. 19th. The Chancellor shall hold his office on the same tenure, and be removeable in the same man^^ 31* ner, as is proTided in the case of Judges of the Su- preme Court ; and shall in like manner, be secur- ed in his compensation. 20th. The Judges of the Supreme Court ; shall hold their offices, respectively, during good behav- ior ; they shall, nevertheless, be removed from their respective offices, by a resolution of the Sen- ate and the House of Representatives, assigning reasons for such removal; and concurred by a ma- jority of two thirds of each house. 21st. The Legislature shall, whenever it shall be deemed expedient, establish Circuit Courts of Common Pleas, in lieu of the County Courts, with a Chief Judge for each circuit. 22d. The Chief Judges of the Circuit Courts shall hold their respective offices on the same ten- ure, and be removeable in the same manner, as is provided in case of the Judges of the supreme Court. 23d. All other Judges of the County or Circuit Courts, and the Judges of Probate, shall hold their offices for five years ; and all Sheriffs, High Bail- iffs, and Justices of the Peace, for three years, from the time of their appointment, respectively ; removeable nevertheless, as in the case of the Judg- es of the Supreme Court. Sheriffs shall be inca- pable of being reappointed to the same office, for three years next succeeding the expiration of thr time for which they were respeotively appointed. 24th. All elections and appointments to the le- gislature, and to offices under the Constitution, shall be annual, in all cases where provision is not otherwise made. 25th. No person shall be capable of holding, in this State, more than one of the ibllowing offices or places, at the same time, to wit; — Governor, liieut. Governor, Chancellor, Judge of the Su- preme Court, Chief Judge of any Circuit Couil, Representative or Senator in the Congress of the is tlnited States, Treasurer of the State, Repi^serit- ative or Senator in the leofislature of this State, Surveyor General, or Sheriff; nor shall any per- son holding any otfiee of profit or trust under the authority of Congress, be capable of being elected a Senator or Representative in the State Legisla,- ture, or of holding any executive, judiciary, or military office, under this State, 26th. Neither House shall, without the consent of the other, adjourn for more than two days, nor to any other place than that in which the two Houses shall be sitting. 27th. The writ oi Habeas Corpus shall in no case be suspended. It shall be considered a writ issua- ble of right ; and the Legislature shall make pro? vision to render it a speedy and effectual remedy, in all cases proper there for. 28tk Be it ordained. That such parts and pro- visions only, of the Constitution of this Static, es- tablished by convention, on the ninth day of July, one thousand seven hundred and ninety three, as are altered or superceded by any of the foregoing amendments, or are repugnant thereto, shall here- after cease to have effect. The foregoing proposed amendments having been adopted, the following resolutions was intro- duced by Mr. Marsh, and passed. In Council oj Censors, Oct. 27, 1813. JResolvedy two thirds of this Council concurring herein, that it is expedient to call a convention to meet at thQ State house in montpeller, on the day of for the purpose of taking into con- iiideration the proposed amendments to the Consti- * tution, as agreed on by this Council. Those who voted for said resolution are Messrs. Tichenor, Bailey, Bayleys, Chipman, Clark, JFar- rand, Hall, .levvett, Marsh, Strong and Temple — no one voting in the negative. On motion, Messrs. Chipman and Temple were 3^ Hfppointed a committee to draft and report aix ot* dinance, directing the mode of electijig members of said convention; The Council adjourned until to-morrow morn- ing. , TJmrsdmf, Oct. ^^Sr-^ & docU A, M. The Council met pursuant to adjournment. On motion of Mr. Tichenor, Resolved, That a committee of tWo be appointed to report the articles in the constitution, that are in any manner altered or abolished, by the propos- ed amendments thereto. Members Chosen, Messrs. Chipmanatid Bayley. Mh Hall asked, and obtained leave of absence, from' this day at noon, until the end of the session. The petition of Joseph Hi Ellis, complaining of the Judges of the Supreme Court,&c. was called up, and after a short discussiani the petitioner haud leave to withdraw his petition. , The Council adjourned' until 2 o'clock P. iVf. At tv/o o'clock the Council met agreeably to ad- journment; and to give time to committees, ad- journed until to-morrow morning. Friday, Ocfl 29—9 o'clock A. M The Council met according to adjournment. Mr. Chi|>man from the committee appointed to report the articles in the constitution, that rare ia: any manner altered or abolished, by the proposed anisndments thereto ; — iirade report ; — That in the iirst chapter of said copstitutioii; €(|f~ titled, " A Declaration of tfie Rights of the Sidte of Vermont^^—no article is altered^ abolished or superseded, ^5^ any of ^he* amendments proposed' by this Couheii. That in the second chapter of said constitution entitled, ^' A plan or frame of Government'"— ih^ following ajlieles or sections, are altered, abolish- ed or superseded, either in whole or part, to wit; the first, second, third, fifth, ninth, te'ntW, eleTerrth, E 34 sixteenth, eighteenth, twenty-first, twenty-fourth, twenty-ninth, thirtieth, and thirty-ninth. All which is submitted, &c. (Signed) N. CHIPMAN, I. BAYLEY. The president of this Council laid before the board " A statement of balances due the Treasury for taxesy' as prepared by the Treasurer of the State, in the words and figures following, to wit : A STATEMENT OF BALANCES DUE THE TREASURY FOR TAXES. Bennington County. Arlington Readsboro' Sunderland 1810 tax $36 91 1807 l.tax 34 40 1807 1807 I. 180S 1811 Woodford 1807 L Windham. Londonderry 1 809 1810 Rutland. CastletoD 1809 Fair haven 1811 MounthoUey 1811 Orwell Barnard Cavendish Hartford Hartland Pomfret Royalton Norwich Sharon Weatherefield Weston 1808 Windsor. 1810 1811 1809 1810 1811 1808 1809 1810 1811 1801 1807 1811 1807 1 1811 1808 Orange. Brookpeld 1810 93 7 54 2 83 13 18 50 41 19 42 27 51 14 52 26 40 16 41 67 23 32 19 35 45 84 27 07 33 87 153 31 10 59 13 39 12 80 61 37 20 172 56 18 23 152 87 8 32 13 84 Fairlee 1811 14 53 Newbury Orange Strafford 1809 1807 1807 1 99 15 84 17 56 Roxbury Tunbridge 1810 1808 7 13 46 50 1811 132 11 Vershire 1809 33 74 1811 58 53 Chittenden. Huntington Shelburn 1807 1. 1807 , 37 76 23 95 Caledonia. Waterford 1810 36 11 Franklin. Fairfield 1807 21 39 Bakersfield 1807 1. 40 42 Fletcher 1811 7 86 Georgia 1810 71 46 1811 23 89 Huntsburgh Swauton 1811 1811 29 43 39 37 St. Albans 1809 11 75 1810 191 64 Orleans. Barton 1809 7 55 Derby Duncansboro' 1807 1. 1807 1. 4 22 230 40 Eden 1807 1. 149 69 Glover 1897 1. 50 40 Holland 18071. 230 40 Eden 1808 18 24 a^um. ra809 18 34 35 1810 16 06 Duxbuiy 1810 1 10 Irasburgh 1807 1. 40 2C Moutpelier 1811 208 27 Lutterlocl I 1808 1 Middlesex 1806* 15 23 Morgan 1807 1. 119 68 1807 28 10 Essex. 1811 24 97 Caaaan 1807 19 83 Moretown 18071. 73 38 1809 29 06 1809 40 89 1810 31 07 1810 40 84 isn 30 09 1811 37 68 Concord 181! 46 31 Piainfieid ilsS06 83 Lunenburgh 1309 2 48 1811 57 02 1810 29 74 Waitsfield 1808 31 11 Grand'Istc. IS-j' 86 25 Alburgh 1807 Jefferson. 2 43 Watcrbury 1811 2 48 Calais 1811 32 77 Si 80 98 A statement of Balances in the several Sheriffs handSy viz. Gilbert Denison, Sheriff of Windham County, balance due on extents for the last tax This balance I expect will be settled before the Assembly adjourns. U. W. Hyde, late Sheriff of Rutland County, balance due on extents rec'd 494 67 said Hyde has been extented, and his bail have agreed to settle this balance. William Slade, late Sheriff of Addison ' County, balance due on extents rec'd 1689 31 Daniel Staniford, late Sherifl'of Chitten- den County, balance due for extents, about property has been put into the hands of Col. Harrington for collection to pay this balance. Israel P. Dana, Sheriff of Caledonia County, for extents on the last tax this balance I expect will be settled before the Assembly adjourns. Oliver D^^jy former Sheriff of Franklin County, balance due about William Henes, late Sheriff of Essex 600 00 996 93 33 00 3B' Gounty, balance due ejttented 300 00 David Hibbardjun. prcs€5Bt Sheriff of Es- sex County, extents for the last tax 415 84 this sum I expect will be settled be- fore the Assembly adjourns. Mr. Strong introduced the following resolution, which was read and passed, to wit : ''^ Council of Censors, Oct. 29, 1813. Resolved^ that a committee of two be appointed to report a* stiifable address to accompany the pro- posed amendmeiits to the constitution. Members chosen, Messrs. Marsh k Farrand. The Council adjourned until to-morrow morn- ing- Saturday Oct, 30 — 9 fPclock A. 3L The Coi^ncil met according to adjourument. Mr. Marsh reported an address to accompany the proposed amendments to the Constitution — which was read and re-committed to the same committee for the purpose of making some addi- tions and amendments thereto. The Council adjourned until Monday morning next. Monday, Nov. 1 — 9 o'clock A. M. Mr. Chipman, from the Committee appointed to draft an ordinance, directing the mode of election, of the members of the Convention, reported an or- dinance for that purpose^ which having been read and considered, and amended, passed in the follow- ing words, to wit : STATE OF VERMONT. In Council of Censor s, November 1, 1813. This Council having agreed to propose certairt. amendments to the Constitution of this State, and having determined to call a Convention, to consid- er of such amendments : Their fore, IT IS ORDERED BY SAID COUNCIL, Tkat a Convention of the People of \\\q State. m of Yermont, shall meet at the State House, in MontpeUer, on the first Thursday of July next, to consider of the ainendiiaents to the Constitution, proposed by this Council ; and 1o adopt the same, or such part of them, as the said Convention shall judge will be most conducive to the good govern- ment, peace and happiness of the good People of the State. And for the purpose of electing Mem- bers, to attend said Convention, the first Constable, or in his absence, the Town Clerk, or in his absences the Select-men of each Town in this State, entitled to send a Representative to the General Assembly of this State, without further order, shall set up a notification, at such place or places, as shall have been appointed by the Inhabitants of their several towns, for notifying town meetings, at least twelve days before the last Tuesday of May next, w arn- ingthe Freemen of their respective towns, to meet on the said last Tuesday of May next, at one ofthe o'clock afternoon, at the usual place of holding Freemen's Meeting in such town, for the pmpose of electing a Delegate or Representative, to repre- sent said town in said convention ; at the openirig of which meeting, this Order shall be publicly read. And the first Constable, or in his absence^ the Town Clerk, or in their absence, one of the Select- men, or a Justice ofthe Peace ofthe same town, shall be the presiding officer of such meeting ; whose duty it shall be, to call on the Freemen of such town, from time to time, for the space of three hours, to give in their votes for a Delegate to rep- resent such town in said Convention ; which votes shall be given and received in the same manner, and under the same regulations, as is by law pro- vided in the case of the election of a Representa- tive to the General Assembly ; at the expiration of which time, the votes for such Delegate or Repre- sentative, shall be by the said presiding officer, witli 38 the assistance of the Town Clerk, sorted and coun- ted ; and if no person shall have a majority of all the votes, the said pre«idin, for the pur- pose of filling the blanks appointing Ihe time for said Convention to meet : — when it was voted that said blank be filled so that said Convention shall be directed to assemble on the first Thursday of July 1814. Mr. Marsh, from the Committee appointed for that purpose, reported the address to the people, to accompany the proposed amendments to the Con- stitution, with additions ;-— which having been r^ad and amended, passed in the words following to wit : 39 TO THE PEOPLE OF THE STATE OF VERMONT. The Council of Censors, chosen by the Free- men on the last Wednesday of March, in the year of our Lord one thousand eight hundred and thir- teen, regard the power of proposing alterations and amendments to the Constitution, and calling a Con- vention to consider the expediency of their adop- tion, as the most important trust confined to them by the people. The Coimcil has taken this subject into serious consideration ; attending both to the defects in the Constitution, and the remedies which would b^ most likely to secure the rights, and promote the happiness and prosperity of the people. We have not been insensible of the difficulties attending innovations upon political systems, in times like the present, when the whole civilized world is in a state of convulsion ; and when our own country and State are distracted by great po- litical divisions — ^yet, considering that we were not appointed to act for any party or faction, but for the good of the w^hole community ; and though we are not wholly of the same opinion or party in politics, we unanimously agree in reccommending the following amendm.ents, as being calculated to secure, more eflectually, the inestimable rights of civil liberty to individuals, and, at the same time, by defining, more distinct!}*, the powers of the sev- eral branches of the Government, to render it more permanent, as well as more energetic in ic.-> opera- tions. The experience of every age has taught man- kind the necessity of vesting portions of the su- preme legislative power of the State in the hands of several bodies of men, in order to form proper checks upon the hasty and undue exercise of its authority. We have tliougliL the want of this a great defect in our Constitution ; and liive there- 40 fore proposed the introduction of a Senate, as a co- ordinate branch of the Legislature. The people are, by the provisions of the present Constitution, represented in the most numerous branch of the Legislature, by persons annually chosen by the Freemen of each town, without re- gard to the number of its inhabitants ; by means of ^Vhich, there is great want of equality in the rep- resentation of the people, in that branch of the Legislature. On this account the Council thought that the representation in the Senate should be ap- portioned amon^ the several Counties, as near as niight be, accordmg to the number of inhabitants ; and, at the same time, securing to each County, its ^ separate right of representation in that body. The*^ representation from the northern Counties, in the House of Representatives, is at present more nu- merous, in proportion to their inhabitants, than from the other parts of the State. By the appoint- nlent of the Senators, among the several Countiefe, now proposed, it is believed a nearer approach is made to equality. It has been thought expedient that the Senators should be elected for three years, and yet be so classed, as that one third of the whole number should be chosen annually ; to the end that there might be always a quorum of old members, well acquainted with the affairs of state, and the vari- ous persons holding offices in the different parts thereof, and be thereby better qualified to judge of nominations made to them for appointments ; to add Aveight and stability to their proceedings : and, in general, to enable them more understand- ingly to discharge the duties of their station, to the satisfaction, and for the benefit of the community. It is too obvious to need proof, that bodies of men are unstable in proportion as they are nunie- roiis; and conduct" without due consideration, and regard to the public interjest. in proportion as their 41 j^sponsibility is shared by numbers. We have^ therefore, thought it advisable, to confer the power of nomination to office, on the Governor ; who, by his annual election, is immediately responsible to the people ; and the power of controuling appoint- ments to office, in pursuance of his nomination^ on the Senate, the less numerous branch of the Legis- lature. The Council hopes, by tliese means, to leave the choice of the ipembers of the Legislature more free from the influence of designing men ; who may often promote the election of individuals, in order that themselves, in their turn, may be pro- moted : And also to relieve the Legislature itself from the corrupting influence of a too frequent ex- ercise of the power of appointment ; as well as to 5Ave much tune of the Legislature, and expense to the Statcj nbw^ wasted in the present mode of elect- ing officers. The frequent election of the Judges of ilie<^ourts of Law and Chancery, it is believed, must unavoid- ably have a tendency to make them feel depend- ant on their electors, and other influential mem- bers of society ; and to prevent the unbiassed exer- cise of their opinions, in the decision of causes be- tween men high in office or influence^ and the mem- bers of the lower and more ordinary classes of so- ciety i "and thereby corrupt the fountain, as well as the streams of justice. The members of the Council, therefore, thought it their duty to devise, a;id reccommend, an amendment of the Constitu- tion, rendering the Judiciary so far independent, as to place them above the influence of popular par- ty, or personal motives ; and yet liable to removal for reasonable objections, which do not amount to CAUse of impeachment. They have therefore pro- posed so to amend the Constitution, as to have tiiem appointed during good behavior ; yet remov- able by the resolution of both houses of the Legis- lature, passed by two thirds of the meml^ers of 4^ e^cft; as being the best medium between absolute independence, and an entire dependance on the r^presetitalives of the people. The ordinary Judg- es of the Courts of common jurisdiction, it ha& been thought expedient, should hold their offices for the term of five years, removeable in the same manner. Chancery powers cannot, from their nature, be accurately defined or limited ; and are therefore, in some measure, dangerous ; yet, when reduced to system, by practice and precedent, highly, use- ful, important and necessary. Tho inconvenience of the exercise of those powers, by the Judges of a court of common law jurisdiction, has been un- happily experienced by the suitors In our Courts. Great delay in causes in Chancery has been occa* sioned by want of time, and hurry of business, oh tlie law side of the Court. Necessary rules and ordel^ for bringing causes to a hearing and decis- ion, cannot be adopted gind maintained m our pres- ent system : And the unavoidable precipitancy, id the proceedings, forbids Ihe expectation of the at- tainment of correct decisions, by the proper dis- cussion of the parties, and due deliberation of the Court. The Council has, therefore, recommended the establishment of a Court, with Chancery pow- ers, distinct from the Courts of law. We have taken care not to have a magistracy od* ious to the people, by requiring their immediate representatives, in county convention, from time to time, to recommend to the Governor, for his nomi- nation to tlie Senate, suitable persons for Justices of the Peace, Sheriffs and High Bailiffs, in theit respeetive Counties. The Council has made the several proposed a** mendmets distinct from each otlier, to the end, that any ene, or more of them, might be either adop-^ ted, or rejected, without adopting or rejecting the whole ; as might, in their opinion, b« most condu- cive to the welfare of the people. 43 Sincerely believing that the aiiiendinents propos- ^d will, if adopted, contribute to tiie security of the rights and happiness of the people, the permanency of the government, and the i'acility of tbe exercise of its various functions, we cordially and ejimestly recommend them to your dispassionate copsiderji- tion. The foregoing address having been adopt^fl, was signed by the following members, to wit ; ISAAC TICHENOP, NATHANIEL CHIPMAN, DANIEL FARRAND, EBENEZER CLARK, ELIJAH STRONG, CHARLES MARSH, WILLIAM HALL, jun. LUTHER .TEWETT, ISAAC BAYLEY, NICHOLAS BAYLIES, k ROBERT TEMPLE. The Council adjourned until two o'clock, P. I\I, At two o'clock P. M, the Comicil met pursuant to adjournment. On motion of Mr. Margh, it is ordered, that tlie following caption be piefixed to the articles propo- sed to be added to the Constitution, to wit : '^Articles of amendment, alteration and addition to the Constitution of the State of Verpiont, proposed by the Council of Censors, on the first day qf No- vember y 1 81 3." And, On motion of Mr* Marsh, the following resolur tion was adopted, and ordered to be signed by the President and Secretary, and to be annexed and immediately follow the articles proposed to be ad- ded to the Constitution : ''In Council of Censors, Nov. 1, 1813. . Resolvedy That the foregoing amendments, a) 44 teration^ and additions to the Constitution, cqn^ sisting of tTventy-eight articles, be proposed to the people for their consideration and adoption. On motion of Mr. Marsh, Resolved, That those articles in the Constitu- tion which are proposed to be annulled, altered or abolished, as repoiled fey the committee, be pub- lished with the following caption prefixed thereto, as follows : Articles of the Constitution of the State of Vermont, proposed to he amended, altered or abolished, by the Council of Censors. Art. 1. The Commonwealth or State of Ver- mont shall be governed hereafter by a Governor, (or Lieutenant Governor,) Council, and an Assem« bly of the Representatives of the Freemen of the same, in manner and form following : Art. 2. The Supreme Legislative power shall be vested in a Jlpuse of Hepresentatives of ilie Freemen of the Commonwealth or State of Ver- mont. Art. 3. The Supreme Executive power shall be vested in a Governor, or, in his absence, a Lieu- tenant Governor and Council. Art. 5. A future Legislature may, when they shall conceive the same to be expedient and ne- cessary, erect a Court of Chancery, with such pow:- ers as are usually exercised by that Couii, or as shall appear for the interest of the Commonwealth ; Provided, they do not constitute themselves the Judges of said Court. Art. 9. Tlie Representatives so chosen (a ma- jority of whom shall constitute a quorum for trans- acting any other business than raising ?l State tax, for which two thirds of the m.embers elected shall be present,) shall meet on the second Thursday of the succeeding Oct. and shall be styled The General Assembly of the State of Vermont : They shall have . 45 power to choose their Speaker, Secretary of State, then- Clerk, and oilier necessary officers of the House ; sit on their own adjournments ; prepare bills, and enact them into laws ; judge of the elec- tions and qualifications of their own members : They may expel members, but not for causes known to their constituents antecedent to their e- lection ; they may administer oaths and affirmations in matters depending before them ; redress griev- ances ; 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 J udges 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 Briga- dier Generalsj 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. Art. 10. The Supreme Executive Council of this State shall consist of a Governor, Lieutenant Governor, and twelve persons, chosen in the follov/- ing manner, to wit ; — The Freemen of each town shall, on the day of the election for choosing Rep- resentatives 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 J or Governor,^' and de- liver 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 tJieir trust, shall proceed to receive, sort, and count the votes for the Governor, and declare the person 4t> who has the irKijor pail of the votes, to be Govej> nor for tlie year ensuing. And if there be n^ choice made, then the Council and General Assem- bly, by their joint ballot, shall make choice of a Governor. The Lieutenant Governor, and Treas- urer, shall be chosen in the manner above directed. And each Freeman shall give in twelve votes for twelve Gouncillors, in the same manner, and the twelve highest in nomination shall serve, for the ea^ guing year, as Councillors. Art. 1 ] . The Governor, and in his absence the Lieutenant Governor, with the Council, (a inajor part of whom, including the Governor or Lieuten- ant Governor, shall be a quorum to transact busi* ness;)shall have power to commission all officers, & 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 a* ny office, occasioned by death, or otherwise, until the office can be filled in the manner dixected by law, or this Constitution : — They are to correspond with other Stales ; trans- act business with officers of Government, civil and military, and to prepare such business as may ap^ pear to them necessary to lay before the General Assembly : They shall sit as Judges to hear and determine on Impeachments, taking to their assist- ance, for advice only, the Judges of the Supreme Court ; and shall have power to grant pardons, aad remit fines, in ail cases whatsoever, except in trea- son and murder, in which they shall have power Iq grant reprieves, but not to pardon until after the end of the next session of the Assembly ; and ex- cept in cases of impeachment, in which there shall be no remission or mitigation of punishment, but by act of legislation : They are to take care that the laws be faithfully executed : They are to ex- pedite the execution of such measures as may be resolved upon by the General Assembly ; and they , IT may draw upon the Treasury for mch bums as may be appropriated by the Hoi'.^^e of Representatives : They may also lay embargoes, or prohibit the ex- portation* of any commodity for any time not ex- ceeding thirty days, in the recess of the House on* ly. They may grant such licences as shall be di- rected by law ; and shall have power to call to- gether the General Assembly, A^4ien necessary, be- fore the day to which they shall stand adjourned. The GoveiTior shall be Captain General and Com- mander in Chief of the forces of the State, but shall not command in person except advised there- to by the Council, and then only so long as they shall approve thereof. And the Lieutenaiit Gov- ernor shall, by virtue of his office, be Lieutenant General of all the forces of the State. The Gov- ernor, or Lieutenant Governor, and the Council, shall meet at the time and place with the General As^mbly : The Lieutenant Governor shall, dui'- ing 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 tlieir offices, preside in Council, and have a casting, but no other vote. Eyery member of the Council shall be a Justice of the Peace for the whole State, by virtue of his office. The Gov- ernor and Council shall have a Secretary, and keep fair books of their proceedings, wherein any Coun- cillor may enter his dissent, with his reasons to support it. And the Governor may appoint a Sec- retary for himself and his Council. A^r. 16. To the end that laws before they are enacted may be more maturely considered, and the inconvenience of hasty determinations as much as possible prevented, all bills, which originate in the Assembly shall be laid before the Governor and Council, for their revision and concuirence, or proposals of amendment, who shall return the same to the Assemblys with their proposals of amend- 48 ' ment, if any, in writing ; and if the same are not agreed to by the Assembly, it shall be in the pow- er of the Governor and Council to suspend the pass- ing of such bills until the next session of the Le* gislature. Providedyih^i if the Governor & Coun- cil shall neglect or refuse to return any such bill to the Assembly, with written proposals of amend- ment, within five days, or before the rising of the Legislature, the same shall become a law. ArTo 18. No person shall be elected a Reprc* sentative until he has resided two years in this State, the last of which shall be in "the town for which he is elected. Art. 21. Every man of the full age of twenty- one years, having resided in this State for the space of one whole year next before the election of Rep- resentatives, and is of a quiet and peaceable be- haviour, and will take the following oath or affirm- ation, shall be entitled to all the privileges of a Freeman of this State : — " You solemnly swear (or affirm) that whenever yon 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 most conduce to the best good oj the same, as established by the Con- siitiition, without fear or favor of any man*'' Art. 24. Every officer of State, whether Judi- cial or Executive, shall be liable to be impeached by the General Assembly, either when in office, or after his resignation ; or removal, for mal-admin- istration. All impeachments shall be before the Governor, and Council, who shall hear and deter- mine the same, and may award costs ; and no trial or impeachment shall be a bar to a prosecution at law. Art. 26. No person in this State shall be capa- ble of holding or exercising more than one of the following offices at the same tune, viz. Governor, Lieutenant Governor, Judge of the Supreme Court, 4d Treasurer of the State, Member of the Council^ Member of the General Assembly, Smveypr-Gen* eral, or Sheriff. Nor shall any person, holding a- ny office of profit or trust, under the authority of ' Congress, be eligible to any appointment in the Legislature, or of holding any executive or judicia* ry ofRce under this State. Art. 30. No person shall be eligible to the office of Governor or Lieutenant Governor, until he shall have resided in this State four years next preceding the day of his election. Art. 39. Every person, of good character, who comes to settle in this State, having first taken an oath or affirmation of allegiance to the same, may purchase, or by other just means acquire, hold, and transfer land, or other real estate ; and after one year's residence shall be deemed a free denizen thereof, and entitled to all rights of a natural born subject of this State, except that he shall not be ca- pable of being elected Governor, Lieutenant Gov- ernor, Treasurer, Councillor, or Representative in Assembly, until after two years residence. And, On motion of Mr. Marsh, the following resolu- tion was adopted, and ordered to be annexed and immediately follow the said ailicles, and to be sign- ed by the President and Secretary : In Council of Censor Sy Nov* I, 18I3. Resolvedy that the first, second, third, fifth, ninth, tenth, eleventh, sixteenth, eighteenth, twenty-first, twenty-fourth, twenty-sixth, thirtieth, and thirty- ninth articles, in the second chapter of the Consti- tution of the State of Yermont, intitled ^' A plan or frame of GovernmenV^ — be published with the a* mendments proposed by the Council, as being eith- er altered, amended or abolished, either in whoie or in part, by the said proposed amendments. 50 Mr. Baylies introduced the following resolution, which was read and adopted. Ill Council of Censors, Nov. 1, 1813. Resolved, that twelve hundred copies of the pro- posed amendments and alterations of the Constitu- tion, and articles therein to be amended, altered or abolished, together with the address of the Coun- cil, and their resolutions concerning the same, be forthwith printed ; and be distributed among the people, as the house of Representatives may di- rect. And also, Hesolved, that copies of the doings of the Council of Censors, in relation to the alterations and amendments of the Constitu-' tion, be transmitted by the Secretary as soon as may be, to his Excellency the Governor, to be laid before the General Assembly. Mr. Bayley was appointed to make up the de- benture of the Council of Censors. The Council adjourned until to-morrow morn- ing- Tuesday, Nov, 2, 9 o'clock A. M. The Council met according to adjournment. On motion, Mr. Marsh was appointed to prepare a final address to the people, and to report the same at the next session of this Council. On motion of Mr. Marsh, Mr. Hall was added to the committee to enquire into the expenditure of public money — said committee to report at the next session. On motion, Ttcsolved, that when the Council adjourn, they will adjourn to meet at the Court-House in Mid- dlebmy, on the third Tuesday of .January next. Voted, that the President of this Council be re- quested to remain in this town, until the proposed amendments io the Constitution, with the address to the peo|>le, &c. shall have been printed, for the purpose of inspecting the proof-sheet. 51 The Council then adjourned to meet at Middle- bury on the third Tuesday of January next. Agreeably to the adjournment of the Council of Censors, several of the members assembled at Mid- dlebury on the third Tuesday of January, A. D. J 814 — but a quorum not appearing, adjourned un- til to-morrow, at 10 o'clock A. M. Wednesday, Jan, 19, 1814 — 10 o'clock A, M. Several members of the Council met according to adjournment ; — but a quorum not yet having appeared, adjourned until to-morrow, at 10 o'clock A. M. Thursday, Jan, 20, 10 o'clock A, 31. The Council met according to adjournment— a^id a quorum of the members appeared. The President of the Council being absent, Mr. Marsh was appointed President y^ro tempore. The following resolution was introduced by Mr. Baylies, read and adopted : In Council of Censors, Jan. 20, 1814. Resolved, that the Secretary of this board pro- cure 750 copies of the Journal of this Council to be printed : and that the same be distributed by the several sheriffs, as follows, to wit : two to the Governor, five to the Secretary of State, two to each town-clerk for the use of the town, and two hundred and twenty to be by the Sheriff of Jeffer- son County distributed among the members of the Convention, when assembled in Montpelier — and two to each member of this Council. The Council, after having had under considera- tion the subject of the expenditure of public mon- ey, adjourned until to-morrow, at 10 oclock, A. M, Friday, Jan. 21, 1814, 10 o'clock A. M, The Council met pursuant to adjournment. The following resolution was introduced and passed : In Council of Censors, Jan, 2^ 1814. Resolved, that the Secretary of this Council be directed to transm.lt to his Excellency ibe Cover- 52 nor of this State, a certified copy of the articles proposed to be added to the Constitution, with a request that he will be pleased to lay the same be- fore the Convention, to be holden at Montpelier on the first Thursday of July next. The Council, after having had under considera- tion the subject of the expenditure of public mon- ey, adjourned until 10 o'clock to-morrow morning. Saturday, Jan. 22, 1814, 10 o'clock A.M. The Council met according to adjournment. ^ The Hon. Isaac Tichenor, President of the Coun- cil, appeared and took the chair. Having had under consideration the subject of tlie expenditure of public money, and the several duties assigned them by the Constitution — adjourn- ed until Monday morning next, at 8 o'clock. Monday, Jan. 24, 1814, 8 o'clock A. M. The Council met according to adjournment. Mr. Marsh, from the committee appointed for that purpose, reported the following address to the people; — which having been read, was adopted, and ordered to be signed by the President and Secreta- ry, and published. TO THE PEOPLE OF THE STATE OF VERMONT. The council of censors deem it their duty to lay before you a concise view of their proceedings on the various subjects which have occupied their attention during the year past. Tt will be leGollected that the constitutional duties and powers of the council of censors is comprised summarily in the following words found in the 43d Sec. of the constitution, *' whose duty it ehall be to enquire whether the constitution lias been preserved inviolate in every part during the last septenary — whether the le- gislative and executive branches of the government have perform-, ed their duty as guardians of the people, or assumed to themselves or exercised other or greater powers than they are entitled to by tlie constitution. *'They are also to enquire whether the public taxes have been y\s\\y lai