"Vermont was thus the first of the States to prohibit slavery by constitutional provision, a fact of which Vermonters may well be proud," says Hiland Hall in his "Early History."
Religious freedom, freedom of speech and of the press, were also established. The form of government was thoroughly democratic. Every man of the full age of twenty-one years, who had resided in the State for one year, was given the elective franchise, and was eligible to any office in the State. The legislative power was vested in a single assembly of members chosen annually by ballot. Each town was to have one representative, and towns having more than eighty taxable inhabitants were entitled to two. The executive authority was in a governor, lieutenant-governor, and twelve councillors, elected annually by all the freemen in the State. They had no negative power, but it was provided that "all bills of a public nature should be laid before them, for their perusal and proposals of amendment," before they were finally debated in the General Assembly. Such bills were to be printed for the information of the people, and not to be enacted into laws until the next session of the assembly. "Temporary acts" in cases of "sudden emergency" might, however, be passed without this delay. Compliance with this article was found so difficult that nearly all laws were treated as temporary, and declared permanent at the next session. Bills could originate in the council as well as in the house of assembly; and in cases of disagreement between the two bodies upon any measure, it was usually discussed in grand committee composed of both, the governor presiding. The final disposition of a measure was according to the pleasure of the house, but the advisory power of the governor and council was a strong check upon hasty legislation. In 1786 the provision for printing and postponing the passage of laws was expunged, and the governor and council were authorized to suspend the operation of a bill until the next session of the legislature, when, to become a law, it must again be passed by the assembly. Judges of inferior courts, sheriffs, justices of the peace, and judges of probate were elected by the freemen of the respective counties, to hold office during good behavior, removable by the assembly on proof of maladministration. The mode of choosing judges of superior courts was left to the discretion of the legislature, and they were elected annually by joint ballot of the council and assembly. When the Constitution was revised in 1786, it was provided that county officers should be annually chosen in the same manner.
The Constitution provided for an election, by the freemen of the State, of a Council of Censors, consisting of thirteen members, first to be chosen on the last Wednesday of March, 1785, and thereafter on the same day in every seventh year. It was the duty of this body to inquire whether the Constitution had been preserved inviolate, and whether the legislature and executive branches of government had performed their duty as guardians of the people, or had assumed greater powers than they were constitutionally entitled to. They were to inquire whether public taxes had been justly laid and collected, in what manner the public moneys had been disposed of, and whether the laws had been duly executed. The council was also empowered to call a convention, to meet within two years after their sitting, if there appeared to them an absolute necessity of any change in the Constitution, the proposed changes to be promulgated at least six months before the election of such convention, for the previous consideration of the people. This provision of the Constitution, though useless if no worse, was nevertheless a great favorite of the people of Vermont, and remained a prominent and unique feature of that instrument till 1870, when it was abrogated by the last convention called by a Council of Censors.
"This frame of government," writes Hiland Hall of the early Constitution, "continued in operation long after the State had become a member of the Federal Union, furnishing the people with as much security for their persons and property as was enjoyed by those of other States, and allowing to each individual citizen all the liberty which was consistent with the welfare of others."
Such are the main features of the Vermont Constitution established by the Windsor convention. An election of state officers was ordered to be held in the ensuing December, to be followed by a meeting of the legislature in January, and a Council of Safety was appointed to manage the affairs of the State during the intervening time.
CHAPTER XI.
TICONDEROGA; HUBBARDTON.
Notwithstanding all that Sir Guy Carleton had accomplished in driving the American army from Canada, and regaining control of Lake Champlain as far as Ticonderoga, his management of the campaigns had not fully satisfied the ministry. He was blamed for dismissing his Indian allies when he found it impossible to prevent their killing and scalping of prisoners; and he was blamed that, with a well-appointed army of invincible Britons, he had not in one campaign utterly destroyed or dispersed the rabble rout of colonial rebels. Consequently the command of the army in Canada, designed for offensive operations, was given to Sir John Burgoyne, a court favorite; while Carleton, the far abler general, was left in command only of the 3,700 troops reserved for the defense of the province.