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was also considered and an Address to the People was published.
The session of the Legislature in 1800 was held at Middlebury, and Amos Marsh of Vergennes was reelected Speaker. A general law was enacted providing for the organization of library societies, turnpikes and county roads were authorized, and Middlebury College was incorporated.
Among the large number of judicial appointments made by President John Adams in the last hours of his administration, was that of Senator Elijah Paine, whose term expired with that of the President, to be United States Judge for the District of Vermont. He had been reelected for a full term but resigned to accept the judgeship. For forty-one years, he held this office, until his death in 1842, at the age of eighty-five years.
In 1801, Governor Tichenor was reelected by a somewhat reduced majority, but a Republican House had been returned. Stephen R. Bradley was elected United States Senator for the term for which Judge Paine had been chosen. A majority of the Council voted for William Chamberlain. During Senator Bradley's previous term, he had made a good record. A bill which he introduced established the form of the national flag, fifteen stripes and fifteen stars, as it remained from 1795 to 1814. It was sometimes known as the Bradley Flag. Senator Bradley was President Pro Tem of the Senate in 1801-02, during the absence of Vice President Aaron Burr.
The Legislature met at Newbury in 1801 and for the third time elected Amos Marsh of Vergennes as
In Governor Tichenor's inaugural address, he announced that the public debt, due on hard money orders, had been cancelled. He reported that the greater part of the militia was destitute of arms, the militia law had "lain dormant" and could not well be enforced. Therefore, he suggested the purchase of arms or their manufacture in the State. He also called attention to the fact that field artillery "is of indispensable use in modern tactics, and in almost all our sister States, provided at the expense of the government." He believed the people would "feel a virtuous pride" in cherishing military zeal, and added: "Surely the public treasure cannot be better expended than for national defence." Had this policy been adopted, not only in Vermont and in the Nation, military operations a decade later, would have made a more brilliant record in American history.
Many citizens having represented to the General Assembly that the "act for the support of the Gospel" was a direct violation of the Bill of Rights, the fourth and fifth sections were repealed. It was provided, however, in the revised act that a legal voter should be taxed for the purposes mentioned in the law unless he filed with the clerk of his town or parish a signed statement declaring that he did not agree in religious opinion with a majority of the inhabitants of said town or parish. An act to punish duelling provided that a person killing another in a duel should suffer death as a murderer. Persons fighting a duel, giving or accepting a challenge, were liable to fines varying from fifty to one hundred dollars, and in addition were disfranchised
and made forever incapable of holding office. In order to encourage sheep raising, a law was enacted providing that for every sheep not exceeding twenty in number, shorn between May 10 and June 20 of any year, one dollar might be deducted from the taxable list of the owner. The Governor's salary was fixed at seven hundred and fifty dollars. Aaron Elliot of Killingsworth, Conn., his heirs and assigns, were given the exclusive right to manufacture crawley and blistered steel in the State for a period of ten years. In order to take advantage of the act, a factory must be erected within one year from its passage and thirty tons of good steel must be manufactured every year. The continued supremacy of the legislative over the judicial department is shown in the remission of a fine imposed by the Supreme Court.
In 1801, by a vote of 86 to 59, the General Assembly adopted a formal address to President Jefferson. As the majority party had been somewhat critical of such addresses in the past, the opening sentence reflects an apologetic tone, saying: "Although we are by no means fond of formal addresses to any of our rulers, yet, as the practice has already obtained, our silence on the present auspicious occasion might be falsely interpreted into an indifference toward your person, your political opinions, or your administration. We take, therefore, this earliest opportunity to assure you that we love and admire the Federal Constitution, not merely because it is the result and display of the collected wisdom of our own country, but especially because its principles are the principles of liberty, both civil and religious, and the
rights of man. We contemplate the General Government as the sheet anchor of our peace at home and safety abroad. We sincerely respect all the constituted authorities of our country. We regard the Presidency with a cordial attachment and profound respect. But, sir, we do not regard you merely as the dignified functionary of this august office. That you are an American, both in birth and principle, excites in us sensations of more exalted pleasure. We revere your talents, are assured of your patriotism, and rely on your fidelity. More than this-our hearts in union with your own, reverberate the political opinions you have been pleased to announce in your inaugural speech. Having said this, we need not add that you may assure yourself our constant and faithful support, while you carry into effect your own rules of government.”
The State Rights theories which were favored by Jefferson and opposed by John Marshall in his great judicial decisions, are reflected in a part of this address, which says: "May the General Government draw around the whole Nation such lines of defence as shall prove impassable to every foreign foe. May it secure to the several States, as well the reality as the form of republican government. May it ever respect those governments as the most 'competent for our domestic concerns, and cherish them as the truest bulwarks against anti-republican tendencies' and effectually protect them against any possible encroachments on each other. May it effectually extend to us, and to every individual of our fellow citizens, all that protection to which the State governments may be found incompetent. While it thus
defends us against ourselves and all the world, may it leave every individual to the free pursuit of his own object in his own way."
President Jefferson, in his reply, expressed his satisfaction with the address from the House of Representatives, saying: "The friendly and favorable sentiments they are so good as to express towards myself, personally, are high encouragement to perseverance in duty, and call for my sincere thanks." He favored a government founded "not in fears and follies of man, but on his reason, on his sense of right"; that "may be so free as to restrain him in no moral wrong.' He expressed his idea that the functions of the National Government should be "to draw around the whole Nation the strength of the General Government as a barrier against foreign foes; to watch the borders of every State, that no external hand may intrude, or disturb the exercise of self government, reserved to itself; to equalize and moderate the public contributions, that while the requisite services are invited by remuneration, nothing beyond this may exist to attract the attention of our citizens from the pursuits of useful industry, nor unjustly to burthen those who continue in those pursuits."
Two years later, in 1803, the General Assembly of Vermont again addressed President Jefferson. Referring to the Louisiana Purchase, the address says: "While we contemplate the acquisition of an extensive and fertile territory, with the free navigation of the Mississippi; we cannot but venerate that spirit of moderation and firmness which among divided councils finally enriched our country without the effusion of blood; and it is with