portance, shall be resolved and determined by the ballot; and unless on sudden and indispensable occasions, no business in provincial council or its respective committees, shall be finally determined the same day that it is moved.

See Constitution of Vermont, "Plan or Frame of Government," Sections XIII and XXIX, and the rules of the present Senate and House as to the third reading of bills.

XXIII. That no act, law, or ordinance, whatsoever, shall at any time, hereafter, be made or done by the governor of this province, his heirs or assigns, to alter, change, or diminish the form or effect of this charter, or any part or clause thereof, or contrary to the true intent and meaning thereof, without the consent of the governor, his heirs or assigns, and six parts of seven of the said freemen in provincial council or general assembly.

Widely different in form as is the forty-fourth section of the Vermont Plan or Frame, yet in it are distinct traces of the foregoing. Vermont required the assent first of a council specially elected, (the Council of Censors.) instead of the Governor and Council, and finally of the freemen through a general assembly specially elected, (the Convention,) instead of the legislative assembly. A majority of the Convention could adopt changes, instead of six sevenths being required as in Pennsylvania; but the six sevenths feature is recognized nevertheless, for in Vermont no amendment could even be proposed in six years out of seven.-See Sec. XLIV of the Plan or Frame.

Of course there were some and wide differences in the details of the two plans of government—a chief one being in the tenure of the office of governor, being in Vermont elective annually, and in Pennsylvania for life, not elective but hereditary; but many strong family resemblances between the two are obvious. Whatever our judgment now may be-doubtless for the most part it is, like that of JOHN ADAMS, NATHANIEL and DANIEL CHIPMAN, unfavorable, when comparing the old system of one supreme legislative body with two different branches of co-ordinate powers now in vogue, it is nevertheless certainly true that Vermont was governed well and commanded the respect of other states, under the gentle wings of the good Quaker and great philosopher of Pennsylvania, WILLIAM PENN and BENJAMIN FRANKLIN, who were the real authors of remarkable features in the first Constitution of Ver mont.

CONSTITUTION

OF THE

STATE OF VERMONT,

AS ESTABLISHED BY CONVENTION,

JULY 2, [AND DECEMBER 24,] 1777.

[PREAMBLE.]

WHEREAS, all government ought to be instituted and supported, for the security and protection of the community, as such, and to enable the individuals who compose it, to enjoy their natural rights, and the other blessings which the Author of existence has bestowed upon man; and whenever those great ends of government are not obtained, the people have a right, by common consent, to change it, and take such measures as to them may appear necessary to promote their safety and happiness. And whereas, the inhabitants of this State have, (in consideration of protection only) heretofore acknowledged allegiance to the King of Great Britain, and the said King has not only withdrawn that protection, but commenced, and still continues to carry on, with unabated vengeance, a most cruel and unjust war against them; employing therein, not only the troops of Great Britain, but foreign mercenaries, savages and slaves, for the avowed purpose of reducing them to a total and abject submission to the despotic dominion of the British parliament, with many other acts of tyranny, (more fully set forth in the declaration of Congress,) whereby all allegiance and fealty to the said King and his successors, are dissolved and at an end; and all power and authority derived from him, ceased in the American Colonies.

And whereas, the territory which now comprehends the State of Vermont, did antecedently, of right, belong to the government of NewHampshire; and the former Governor thereof, viz. his Excellency Benning Wentworth, Esq., granted many charters of lands and corporations, within this State, to the present inhabitants and others. And whereas, the late Lieutenant Governor Colden, of New York, with others, did, in violation of the tenth command, covet those very lands; and by a false representation made to the court of Great Britain, (in the year 1764, that for the convenience of trade and administration of justice, the inhabitants were desirous of being annexed to that government,) obtained jurisdiction of those very identical lands, ex-parte; which ever was, and is, disagreeable to the inhabitants. And whereas, the legislature of NewYork, ever have, and still continue to disown the good people of this

State, in their landed property, which will appear in the complaints hereafter inserted, and in the 36th section of their present constitution, in which is established the grants of land made by that government

They have refused to make re-grants of our lands to the original proprietors and occupants, unless at the exorbitant rate of 2300 dollars fees for each township; and did enhance the quitrent, three fold, and demanded an immediate delivery of the title derived before, from NewHampshire.

་

The judges of their supreme court have made a solemn declaration, that the charters, conveyances, &c., of the lands included in the before described premises, were utterly null and void, on which said title was founded; in consequence of which declaration, writs of possession have been by them issued, and the sheriff of the county of Albany sent, at the head of six or seven hundred men, to enforce the execution thereof. They have passed an act, annexing a penalty thereto, of thirty pounds fine and six months imprisonment, on any person who should refuse assisting the sheriff, after being requested, for the purpose of executing writs of possession.

The Governors, Dunmore, Tryon and Colden, have made re-grants of several tracts of land, included in the premises, to certain favorite land jobbers in the government of New-York, in direct violation of his Britannic majesty's express prohibition, in the year 1767.

They have issued proclamations, wherein they have offered large sums of money, for the purpose of apprehending those very persons who have dared boldly, and publicly, to appear in defence of their just rights.

They did pass twelve acts of outlawry, on the 9th day of March, A. D. 1774, impowering the respective judges of their supreme court, to award execution of death against those inhabitants in said district that they should judge to be offenders, without trial.

They have, and still continue, an unjust claim to those lands, which greatly retards emigration into, and the settlement of, this State.

They have hired foreign troops, emigrants from Scotland, at two dif ferent times, and armed them, to drive us out of possession.

They have sent the savages on our frontiers, to distress us.

They have proceeded to erect the counties of Cumberland and Glocester, and establish courts of justice there, after they were discountenanced by the authority of Great Britain.

The free Convention of the State of New-York, at Harlem, in the year 1776, unanimously voted, "That all quit-rents formerly due to the King of Great Britain, are now due and owing to this Convention, or such future government as shall be hereafter established in this State." In the several stages of the aforesaid oppressions we have petitioned his Britannic majesty, in the most humble manner, for redress, and have, at very great expense, received several reports in our favor; and in other instances, wherein we have petitioned the late legislative authority of New-York, those petitions have been treated with neglect.

And whereas, the local situation of this State, from New-York, at the extream part, is upwards of four hundred and fifty miles from the seat of that government, which renders it extream difficult to continue under the jurisdiction of said State,

Therefore, it is absolutely necessary, for the welfare and safety of the inhabitants of this State, that it should be, henceforth, a free and independent State; and that a just, permanent and proper form of government, should exist in it, derived from, and founded on, the authority of the people only, agreeable to the direction of the honorable American Congress.

We the representatives of the freemen of Vermont, in General Convention met, for the express purpose of forming such a government,confessing the goodness of the Great Governor of the Universe, (who alone, knows to what degree of earthly happiness, mankind may attain, by perfecting the arts of government,) in permitting the people of this State, by common consent, and without violence, deliberately to form for themselves, such just rules as they shall think best for governing their future society; and being fully convinced that it is our indispensable duty, to establish such original principles of government, as will best promote the general happiness of the people of this State, and their posterity, and provide for future improvements, without partiality for, or prejudice against, any particular class. sect, or denomination of men whatever, do, by virtue of authority vested in us, by our constituents, ordain, declare, and establish, the following declaration of rights, and frame of government, to be the CONSTITUTION of this COMMONWEALTH, and to remain in force therein, forever, unaltered, except in such articles, as shall, hereafter, on experience, be found to require improvement, and which shall, by the same authority of the people, fairly delegated, as this frame of government directs, be amended or improved, for the more ef fectual obtaining and securing the great end and design of all government, herein before mentioned.

CHAPTER I.

A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE STATE OF VERMONT.

I. THAT all men are born equally free and independent, and have certain natural, inherent and unalienable rights, amongst which are the enjoying and defending life and liberty; acquiring, possessing and protecting property, and pursuing and obtaining happiness and safety. Therefore, no male person, born in this country, or brought from over sea, ought to be holden by law, to serve any person, as a servant, slave or apprentice, after he arrives to the age of twenty-one years, nor female, in like manner, after she arrives to the age of eighteen years, unless they are bound by their own consent, after they arrive at such age, or bound by law, for the payment of debts, damages, fines, costs, or the like.1

'This was the first Emancipation Act in America.

That it was not

a glittering generality "-as was the assertion of the equality of human rights in the declaration of national independence, and also in other state constitutions-appears from the following act of the General Assembly of Vermont, passed October session 1786:

AN ACT to prevent the sale and transportation of Negroes and Mulattoes out of this State.

Whereas, by the Constitution of this State, all the subjects of this commonwealth, of whatever colour, are equally entitled to the inestimable blessings of freedom, unless they have forfeited the same by the commission of some crime; and the idea of slavery is expressly and totally exploded from our free government:

And whereas, instances have happened of the former owners of Negro slaves in this commonwealth, making sale of such persons as slaves, notwithstanding their being liberated by the Constitution; and attempts been made to transport such persons to foreign parts, in open violation of the laws of the land:

II. That private property ought to be subservient to public uses, when necessity requires it; nevertheless, whenever any particular man's property is taken for the use of the public, the owner ought to receive an equivalent in money.1

III. That all men have a natural and unalienable right to worship ALMIGHTY GOD, according to the dictates of their own consciences and understanding, regulated by the word of GOD: and that no man ought, or, of right, can be compelled to attend any religious worship, or erect, or support any place of worship, or maintain any minister, contrary to the dictates of his conscience: nor can any man who professes the protestant religion be justly deprived or abridged of any civil right as a citizen, on account of his religious sentiment, or peculiar mode of religious worship, and that no authority can, or ought to be vested in, or assumed by,

Be it therefore enacted, &c., that if any person shall, hereafter, make sale of any subject of this State, or shall convey, or attempt to convey any subject out of this State, with intent to hold or sell such person as a slave; every person so offending, and convicted thereof, shall forfeit and pay to the persons injured, for such offence, the sum of one hundred pounds, and cost of suit; to be recovered by action of debt, complaint or information.-See D. Chipman's Memoir of Chittenden, pp. 82, 83; Slade's State Papers, p. 505.

The first deed of emancipation recorded in Vermont, (none being necessary under the Constitution,) was based on the right of a captor, under a resolve of Congress, to dispose of prizes taken in war, as well as on the good conscience of Capt. ALLEN, and of the men under his command. It is as follows:

HEAD QUARTERS, Pollet, 28th November, 1777.

To whom it may concern know ye

Whereas Dinah Mattis, a negro woman with Nancy her child of two months old was taken prisoner on Lake Champlain with the British troops somewhere near Col. Gilliner's patten [patent] the twelfth day of instant November by a scout under my command, and according to a resolve passed by the honorable the Continental Congress that all prizes belong to the captivators thereof-therefore she and her child became the just property of the captivators thereof-I being conscientious that it is not right in the sight of God to keep slaves--I therefore obtaining leave of the detachment under my command to give her and her child their freedom-I do therefore give the said Dinah Mattis and Nancy her child their freedom to pass and repass any where through the United States of America with her behaving as becometh, and to trade and to traffic for herself and child as though she was born free, without being molested by any person or persons.-In witness whereunto I have set my hand or subscribed my name. EBENEZER ALLEN, Capt.

BENNINGTON Town Clerk's Office, July 26, 1870. I certify that the foregoing is truly copied from Book No. 3 of said town records, recorded by Moses Robinson when town clerk. D. F. SQUIRES, Town Clerk.

1

See Vt. Historical Soc. Collections, vol. 1, p. 249.

The parts in Italic are the additions to or changes (often of name simply,) in the Constitution of Pennsylvania of 1776, to adapt it to Ver

mont.