governments in the United States. By their constitution, formed in 1778, and revised in 1786, and 1792, the supreme legislative power is vested in a house of representatives of the freemen. Every town has a right to choose a representative, on the first Tuesday of September annually. The representatives so chosen, are to meet on the second Thursday of the succeeding October, and are styled The General Assembly of the State of Vermont. They have power to choose their own officers; to sit on their own adjournments; prepare bills, and enact them into laws; they may expel members, but not for causes known to their constituents antecedent to their election; impeach state criminals; grant charters of incorporation, constitute towns, boroughs, cities, and counties in conjunction with the council they are annually to elect judges of the supreme, county, and probate courts, sheriffs and justices of the peace ; and also with the council, may elect major generals, and brigadier generals, as often as there shall be occasion: They have all other powers necessary for the legislature of a free and sovereign state: But have no power to add to, alter, abolish, or infringe any part of the constitution.

THE supreme executive power is vested in a governor, or lieutenant governor, and a council of twelve persons, chosen by the freemen, at the same time they choose their representative. The governor, or the lieut. governor and council, are to commission all officers; prepare such business as may appear to them necessary to lay before the general assembly: They are to sit as judges to hear and determine on impeachments,

taking to their assistance, for advice only, the judges of the supreme court. They have power to grant pardons, and remit fines, in all cases whatsoever, except in treason and murder, in which they have power to grant reprieves, but not to pardon until after the end of the next session of assembly, and in cases of impeachment, in which there is no remission or mitigation of punishment, but by act of legislation. They may also lay embargoes, or prohibit the exportation of any commodity, for any time not exceeding thirty days, in the recess of the house only. The governor is captain general and commander in chief of the forces of the state, but shall not command in person, except advised thereto by the council, and then only so long as they shall approve : And the lieutenant governor by virtue of his office, is lieutenant general of all the forces of the state.

THAT the 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 are laid before the governor and council for their revision and concurrence, or proposals of amendment; who return the same to the assembly with their proposals of amendment (if any) in writing; and if the same are not agreed to by the assembly, it is in the pow er of the governor and council, to suspend the passing of such bills, until the next session of the legislature. But no negative is allowed to the governor and council.

THE formers of the constitution were aware that the plan of government, which they had

drawn up, would not be adequate to the affairs of government, when the state of the people should become different, but must necessarily vary with it: And they wisely made provision to have the whole examined and revised, at the end of every seven years. The provision they made for this purpose was a Council of Censors, to consist of thirteen persons, to be elected by the people every seventh year, on the last Wednesday in March; and to assemble on the first Wednesday in June. The duty assigned to them, is to inquire whether the constitution has been preserved inviolate in every part; whether the legislative and executive branches of government have performed their duty, as guardians of the people; or assumed to themselves, or exercised other or greater powers, than they are entitled to by the constitution; whether the public taxes have been justly laid, and collected; in what manner the public monies have been disposed of; and whether the laws have been duly executed. Powers fully competent to these purposes, are committed to them. They may send for persons, papers and records They have authority to pass public censures, to order impeachments, and to recommend to the legislature the repealing such laws, as shall appear to them to have been enacted contrary to the principles of the constitution. These powers they may exercise during the space of one year, from the time of their election; and they may call a convention to meet within two years after their sitting, if y judge it

necessary.

Ix examining a constitution of government.

the most capital circumstance to be taken into consideration, is, the condition and circumstän ces of the people, or the state of society among them. At the first assumption of government in Vermont, the form of it differed but little from the democracy of the ancients. From that period, it has been constantly tending to give more power to the house of representatives. But it is found by experience, that in so popu lar a government, nothing is more necessary. than some provision, like that of the council of censors; to have all the public proceedings revised at certain periods of time; and such alterations made in the constitution, as time; events, or the circumstances of the people may require. As the state of society is progressive; there is no way to have the government adapted to the state of society, but to have the government also progressive; that both may admit of the improvements, that are gradually made in human affairs. With this provision, a constitution of government which contains many faults, will gradually mend and improve itself, without being forced to the dangers and convulsions of a revolution: And it seems to be the only provision which human wisdom has yet found, to prevent the interposition of such calamities. [1806] The benefits which were expected from a council of censors, have not taken place; and impartiality requires us to acknowledge, that from the experience of thirty years it does not appear that the plan is adequate to the object. The council of censors is not, and probably cannot be elected, with the information and wis dom, which the plan supposes. They are

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generally chosen from the nomination and influence of the prevailing party in the legislature, and for purposes which they wish to have effected. When the council comes together, they seldom discover the information, impartiality, independence, or application, necessary to review and improve the proceedings of the legislative and executive branches of government. Their proceedings have often been viewed, as marked with prejudice, partiality, contracted views, and want of comprehension. The assembly often pay but little regard to their decisions, and the people still less; and it is become the general opinion, that little advantage is to be expected from an institution, which has hitherto appeared inadequate to the object. Time and experience will determine what is wanted in this part of our constitution.

LAWS. So much of the common law of England as is not repugnant to the constitution, or to any act of the legislature, is adopted as law within this state: And such statute laws, and parts of laws of the kingdom of England and Great Britain, as were passed before the first day of October, 1760, for the explanation of the common law, and are not repugnant to the constitution, or some act of the legislature, and are applicable to the circumstances of the state, are also adopted and made law in Vermont. The criminal law of Great Britain seems to be adapted only to a very degraded, vicious, and barbarous state of society. No less than one hundred and sixty crimes are punishable by death. Sanguinary laws and executions have there made death so common and familiar, that VOL. II B 3