COUNCIL OF CENSORS legislature. These and all the other amend- FROM THE FIFTH TO THE EIGHTH. June, the second in October and the third in November, the two first at Montpelier and the last at Burlington. In their review of the legislative proceedings, they advert to the passage of acts of suspenIn their review of the legislative pro- of the constitution, and also express their sion and granting new trials as a violation ceedings, this council of censors say, conviction that the constitution is violated "that, in general, the various depart- by permitting persons, holding offices unments and officers of government have, der the United States, to hold offices at during the last septenary, in the exercise the same time under the authority of this of their various functions, kept within the state. pale of the constitution." They then pro- amendments to the constitution, the most This council proposed several ceed to specify three acts passed the pre-important of which was the creation of a ceding year, which they deem exceptions senate, to consist of 28 members, to be to their general remark, and recommend chosen by counties, which should act with their repeal. These were, first, "an act the house of representatives as a co-ordidirecting the deed of Job and Theoda nate branch of the legislature. Wood to be given in evidence," passed called a convention, which met at MontOctober 20, 1812; secondly, "an act to pelier on the 26th of June, 1828, and, the They prevent intercourse with the enemies of next day, rejected by a large majority the this and the United States on the north-articles proposed, (with the exception of ern frontier," passed November 6, 1812; and thirdly, "an act suspending civil process against the persons and property of the officers and soldiers of this state while in service," passed November 6, 1812.* one relating to the naturalization of foreigners, and which now constitutes the first article of amendment on page 115) and adjourned without day at 5 o'clock in the morning of the 28th. in 1834, held three sessions; the first in The eighth council of censors, elected June, the second in October, 1834, and the third in January, 1835, the two first at Montpelier and the last at Middlebury. This council proposed nineteen articles of amendment to the constitution, chiefly relating to the establishment of a senate as a co-ordinate branch of the legislature. They called a convention, which met at Montpelier on the 6th of January, 1836, and, after mature deliberation, adopted twelve of the amendments proposed, which may be found in the first section of this chapter, beginning with the second article of amendment on page 115. The amendments adopted were similar The sixth council of censors, elected in 1820, held three sessions: the first in June, the second in October, 1820, and the third in March, 1821, all at Montpelier. This council of censors proposed so to alter the constitution as to make the council of the state consist of one member from each county, to be elected by the freemen of the county, and to make that council a co-ordinate branch of the legislature, having a negative upon the house of representatives. They also proposed so to apportion and reduce the number of representatives that they should never exceed 150. The judges of the supreme court were to be elected for seven years, but to be removable by a vote of two thirds of both houses in joint meeting. The con-in principle to those proposed by several vention called by this council met at former councils and which were rejected Montpelier on the 21st of February, 1822, by very large majorities, which shows rejected all the proposed amendments by that a very great change had taken place a vote of about ten to one, and dissolved in public sentiment. The reasons of this February 23d, by adjourning without day. change are undoubtedly to be found in In their review of the legislative pro- the recent disputes between the execuceedings, the subject upon which this tive council and house of representatives council of censors animadverted with with regard to the extent of their respecmost severity, was the passage of private tive powers. For a long time after the acts of suspension and insolvency, and organization of the government, the exacts granting new trials. This they re-ecutive council was composed of men garded as an assumption of powers confided by the constitution to the judiciary department of the government and calculated to impair the obligation of contracts. The seventh council of censors, elected in 1827, held three sessions; the first in *See part second, page 94. who were regarded as fathers of the state, NINTH COUNCIL. LIST OF CENSORS. MILITIA. tional right so to act was not seriously | Moses Robinson, John White and John denied. But a collision at length arising Willard. between the council and house of repre- 1806.-Apollos Austin, Ezra Butler, sentatives, inquiry was instituted with re- Loyal Case, Isaac Clark, Josiah Fisk, gard to the extent of their respective Thomas Gross, Udney Hay, Wm. Hunter, powers. The council claimed a parity of S. Huntington, John Noyes, Mark Richpowers with the house, and this the house ards, Moses Robinson and James Tarbox. as resolutely denied. Notwithstanding 1813. Isaac Bailey, Nicholas Baylies, the former practice, it was found that the Solomon Bingham, Nathaniel Chipman, literal construction of the constitution | Ebenezer Clark, David Edmunds, Daniel was in accordance with the views of the Farrand, William Hall, jun., Luther Jewhouse, and, the council being thus shornett, Chas. Marsh, Elijah Strong, Robert of the powers, which it had been so long Temple and Isaac Tichenor. permitted to exercise, and sunk into insignificance, the people were aroused to a sense of the necessity of some more effectual check upon the proceedings of the house of representatives, and the result was the establishment of a senate in 1836, as before stated. The ninth and last council of censors, elected in 1841, held three sessions; the first in June, the second in October, 1841, and the third in February, 1842, the two former at Montpelier and the latter at Burlington. They have proposed seven articles of amendment to the constitution, and have agreed upon calling a convention to meet at Montpelier on the first Wednesday in January, 1843, for their consideration. The most important of these recommendations are, first, the extension of the term of service of the judges of the supreme court from one to seven years; secondly, the extension of the term of service of senators, from one to three years-one third of the whole number to be elected annually; and, thirdly, the giving the election of sheriffs and high bailiffs to the people of the respective counties, and the election of justices of the peace to the people of the towns in which they reside. 1820.-Asa Aldis, Joel Brownson, Augustine Clarke, J.Cushman, Wm. Hunter, Jedediah Hyde, William Nutting, John Phelps, Joel Pratt, Charles Rich, Joseph Scott, Amos Thompson and J. Y. Vail. 1827.-Asa Aikens, Joel Allen, John W. Dana, Wm. Gates, Wm. A. Griswold, Jedediah H. Harris, Wm. Howe, Daniel Kellogg, O. Noble, Samuel S. Phelps, Leonard Sargeant, Bates Turner and E. P. Walton. 1834.-Joel Doolittle, Alvan Foote, Nathan Harmon, Robert Harvey, William Hebard, David Hibbard, jr., John Phelps, Joseph Reed, Stephen Robinson, Joseph Smith, E. H. Starkweather, Wm. Strong. 1841.-Heman Allen, Austin Birchard, Luther Carpenter, Martin, C. Deming, J. D. Farnsworth, Alvah R. French, David Hibbard, Willis Mott, Gordon Newell, Ephraim Paddock, John A. Pratt, Hezekiah H. Reed and Peter Starr. SECTION VI. Militia of Vermont." With the exceptions mentioned below, the militia of Vermont consists of all the able-bodied white male citizens of the state between the age of 18 and 45 years. List of Councils of Censors. The exemptions from military service emThe following is a list of the councils brace ministers of the gospel, commissioned officers who have been honorably of censors, elected on the last Wednesday in March of each septenary: discharged, and such as may be so dis1785.-Lewis Bebee, Jonathan Brace, charged after having served as commissioned officers for a period of five years, Benjamin Carpenter, Ebenezer Curtis, Jonathan Hunt, Stephen Jacobs, Joseph members of fire companies to the number Marsh, Ebenezer Marvin, Increase Mose- of 20 to each engine, faculties and stuly, Elijah Robinson, John Sessions, Micah dents of colleges and academies, judges Townsend and Ebenezer Walbridge. of the supreme, county and probate courts, 1792.-Daniel Buck, Bridgeman, county clerks, registers of probate, sherBenjamin Burt, Elijah Dewey, Jonas Gaffs, deputy sheriffs, high bailiffs and conlusha, Anthony Haswell, Roswell Hop-stables, quakers, physicians, stated schoolkins, Samuel Knight, Beriah Loomis, masters, ferrymen and millers. Samuel Mattocks, Elijah Paine, Isaac Tichenor and John White. 1799.-Elias Buel, Noah Chittenden, Elijah Dewey, Benjamin Emmons, David Fay, Lott Hall, Jonathan Hunt, Samuel Knight, John Leverett, Nathaniel Niles, The whole military force of the state, according to the return of the Adjutant and Inspector General for 1840, was 26,304, including officers and private soldiers This force of which the governor is com. * See Revised Statutes for 1839, page 554--600, MILITARY ORGANIZATION. CHARACTER OF THE MILITIA. ARSENAL. proverbial for their intrepidity and valor. During the revolutionary war, they acted in proportion to their numbers a very conspicuous and important part, as the fields of Hubbardton* and Benningtont and the surrender of Burgoynet bear witness. And when our country was invaded du mander in chief, is divided into three divisions, with a major general to each division. Each division is divided into three brigades, with a brigadier general to each. Each brigade is divided into from two to four regiments, and each regiment is designed to consist of ten companies of 100 men in each. Each company is com-ring the last war with Great Britain, their manded by a captain and two lieutenants; previous reputation was fully sustained each regiment by a colonel, lieutenant by the promptness and bravery with colonel and major; each brigade by a brig- which they met the enemy at Plattsburgh adier general, a brigade inspector, a quar- on the memorable 11th of Sept, 1814.|| termaster and one aid-de-camp; each division by a major general, a division inspector, a quartermaster and two aids-decamp; and the whole by the governor as captain general, an adjutant and inspector general, a quartermaster general and two aids-de-camp. The adjutant and inspector general and the quartermaster general are appointed by the governor. The major generals and brigadier generals are appointed by the legislature; the colonels, lieutenant colonels, and majors are elected by the captains and lieutenants of their respective regiments; and the captains, lieutenants and non-commissioned officers of each company are elected by their respective companies. The militia of the state is at present divided into three divisions, nine brigades, twenty-eight regiments, including a rifle regiment, and two hundred and ninety companies. The regiments are numered in regular progression from one up to twenty-eight. Flag.§-The Flag or Ensign, of this state, as established by law, consists of thirteen stripes alternate red and white, and the Union one large star, white, in a blue field, with the coat of arms of the state of Vermont therein. On the first Tuesday of June in each year, every company is called together for the purpose of inspection, drill and discipline, and a return, of the name and equipments of each individual,made to the clerk of the town to which the company belongs; and once in three years, between the 5th of September and the 3d of October, the militia of the state may be Champlain Arsenal.-This is an estabassembled, for review, inspection and dis- lishment belonging to the United States, cipline, by regiment, or separate battal- situated at Vergennes, and is rated and ion, as the commandant of brigade shall designated as an arsenal of the third class, direct. The commissioned and non-com-" for the safe-keeping of arms and other missioned officers and musicians of each ordnance stores." The land on which regiment are required to rendezvous two days annually, in their uniforms, for the purpose of training and improvement in military discipline. The poll of each person belonging to the militia, who is returned fully equipped, is exempted from all taxes, except the highway tax, and each officer, non-commissioned officer and musician is paid one dollar per day, and the adjutant and inspector general three dollars per day, for attendance at regimental drills. The militia of Vermont, or Green Mountain Boys, as they have been more commonly denominated, have always been the public buildings are erected was purchased by the United States from E. D. Woodbridge, Esq., in two lots; the first lot of about ten acres, was purchased in 1816, and the second lot, about eighteen acres, in 1828. The location and general supervision of the buildings was assigned *Seo part second, page 41. ↑ Ibid. p. 45. Ibid. page 48. || Ibid. p 96. Through inadvertence, twice as many stripes were introduced into our figure of the Vermont Flag as there should have been, and the error was not discovered in season to have it re-engraved. States by the legislature of Vermont; the first in These lots were severally ceded to the United 1826, and the second in 1828. CHAMPLAIN ARSENAL BUILDINGS, ORDNANCE, AND STORES. 1,323,26 to Major George Talcott of the United and shells, cannon and musket powder, States ordnance, and in June, 1826, pub-fixed ammunition for cannon and small lic notice was given by him, inviting pro- arms, cartridge bags, laboratory paper and posals for furnishing materials for con- stores, musket and rifle flints, musket bulstructing a wharf, dwelling house, maga- lets, buck shot, &c. valued at $82,878,56 zine and arsenal, upon the ground belong- Also, armorer's, carpenter's, ing to the United States. In August of smith's and laboratory tools the same year, Lieut. W. T. Willard was and materials for use at the assigned as an assistant to Major Talcott, post, valued at and took the charge and immediate superintendence of the public property and the workmen employed in the public service. The first appropriation made by congress for constructing public buildings was fifteen thousand dollars. In April, 1827, Lieut. Willard was relieved of the command of this post by Lieut. J. M. Washington, and during this and the following year the principal buildings were completed. The following is a statement of the public land, buildings, &c. with their estimated value, as reported September 30, 1841, viz: 28 acres of land, Arsenal, three stories high, 80 by Magazine, 40 by 19, stone, cov- Barn, 38 by 28 feet, built of wood, Total, $2,100 Recapitulation. Value of ordnance and ord- Value of tools and materials, 82,878,56 1,323,27 $107,576 83 Lieut. Washington retained the command of the arsenal until January, 1833, and was succeeded by Lieut. D. H. Vinton; in November of the same year Lieut. Vinton was relieved by Lieut. Charles Ward, who commanded until March, 1836, and was succeeded by Capt. Allen Lowd. Capt. Lowd was relieved in September, 1837, by Lieut. J. B. Scott, who commanded until August, 1838, and was suc9,000 ceeded by Isaac H. Bogard, Esq. military store keeper. In December following, Mr. Bogard was relieved by Lieut. W. H. Fowler, and in June, 1839, Lieut. 4,000 Fowler was relieved by Major Silas Halsey, military store keeper, who is the pres3,000 ent commandant at that post. Soon after the organization of the Uni1,000 ted States ordnance corps, in 1832, one blacksmith and two artificers were assigned to this post to be employed in cleaning and repairing small arms, pre600 serving public property and other public services. 350 By special authority from the secretary of war, the government of the state of 200 Vermont has permission to use a portion 400 of one of the public buildings for storing 50 state's property, and about 4,300 muskets, 80 rifles, and 3 six pounders, guns,belonging to the state of Vermont, are now deposited in the arsenal, valued at $31,500. 2,675 $23,375 A large portion of the ordnance stores now deposited at this arsenal, except small arms, were used at Plattsburgh during the last war with England. The amount of ordnance and ordnance stores on hand on the 30th September, 1841, was as follows, viz.-9 pieces brass cannon, 26 pieces iron cannon,27 artillery carriages,16,570 round shot and shells, 8,200 pounds grape shot, 4,077 muskets with bayonets, 401 rifles (Hall's patent) with bayonets, 500 sets infantry accoutrements, 48,638 pounds pig lead; also, a large quantity of artillery equipments, canister and strapped shot The Champlain arsenal is the only military establishment of the United States within the limits of Vermont. During the colonial wars some military works were erected on the eastern shore of the lake, particularly a strong stone windmill on what was called Windmill point, nearly opposite to Crown point. During the revolution fortifications were erected upon Mount Independence, opposite to Ticonderoga, and during the last war with Great Britain, breast works were thrown up at Burlington and at the mouth of Otter creek, but no fortifications have ever been erected in Vermont, which were VERMONT STATE HOUSE LOCATED AT MONTPELIER. designed to be permanent. The post at | place, at a cost of $30,000, provided that the mouth of Otter creek was attacked on the 10th of May, 1814, by the British flotilla, consisting of five sail and eight row gallies, but they were repulsed without loss to the Americans. The American force consisted of only 190 men, commanded by Capt. Thornton of the artillery and Lieut. Cassin of the navy. SECTION VII. Vermont State House." town, should be made the capital of the state; that the inhabitants of Montpelier and vicinity had proposed to give $15,000 towards a new state house, to be erected on or near the site of the old one, at a cost of at least $30,000; the above were the only proposals made. When the subject came before the legislature, it received a full and careful examination, and, in consequence, an act was passed, dated Nov. 8, 1832, 'authorizing the erection of a state house at Montpelier,' and making an appropriation of $15,000 therefor, provided the inhabitants of Montpelier should guaranty to the state, the payment of an additional sum of $15,000 towards the object. The act authorized 'the governor to appoint three suitable persons as a committee to fix on a place in Montpelier for erecting said state house, and to prepare plan for the same,' and to 'appoint some suitable person, or persons, as a committee to superintend the erection of said state house, agreeably to the plan adopted by the committee aforesaid.' The Hon. Samuel C. Crafts, Hon. Allen Wardner, and George T. Hodges, Esq., were appointed the first committee, and the Hon. Lebbeus Egerton was appointed to superintend the building. When Montpelier was made the Capital of the state, the inhabitants of the town and vicinity erected a State House, and gave it to the state. At the date of its The committee met at Montpelier and erection, it was well adapted to the pur- organized, but, before making much propose of legislation, but as the state rapidly gress in their duties, they decided to visit increased in population it was found after Concord, N. H., Boston, Mass., Hartford some years to be inadequate to the increas- and New Haven, Conn., in company with ing wants of the legislature. Various Ammi B. Young, the architect, whom they propositions were made at successive ses- had employed to make their plans, for the sions of the legislature to enlarge the purpose of examining the state houses in building, but without effect. At the ses- those places, and ascertaining what imsion of 1831, the attention of the members provements had been made in such buildof the legislature was drawn to the sub-ings up to that time. They were also acject of a new state house, by a design for one, made by Ammi B. Young, architect, and exhibited at Montpelier at that time. The design was much admired, and the legislature passed a resolution authorizing the appointment of a committee to receive proposals from the several towns in the state, to build a new state house, sufficiently commodious for all the purposes of state legislation, and to report to the next legislature. The Hon. Ezra Meech, Robert Temple, Allen Wardner, and Timothy Hubbard, Esqrs., were appointed said committee. This committee reported to the legislature at the session of 1832, that the citizens of Burlington had proposed to erect a state house at that For most of the facts and descriptions embodied in this section, I am indebted to the kindness of Ammi B. Young, Esq., the distinguished architect, under whose superintondence the state house was erected. companied by Gov. Egerton, the superintendent. After a full examination, and deliberation upon the subject, they adopted a plan designed and drawn by Mr. Young, which accorded with their views, and which appeared to be admirably and conveniently arranged for the purposes of legislation; they decided that the building should be located about 250 feet to the north west of the old state house, in order to allow a spacious yard and grounds in front, and that, so far as possible, the exterior should be of Barre dark granite. The roof and dome were to be covered with copper, and every part constructed in the most perfect and substantial manner; but, as they did not feel warranted in directing a greater expense for the building than $60,000, without some further legislative action on the subject, they decided on a finish that would not exceed that sum, and made out a report to the |