Inaugural address of  Erastus Fairbanks  As it appears in the  Journal  of the  House of Representatives  October Session  1860   Saturday, October 13, 1860 Inaugural Address THE HONORABLE, THE GENERAL ASSEMBLY OF THE STATE OF VERMONT: Gentlemen, Having  been  elected  by  the  freemen  of  Vermont  to  the  office  of  Chief  magistrate,  and  taken  the  oaths  of office and assumed that trust, it becomes alike my duty and pleasure to address you on the present occasion, and present  for  your  consideration  such  matters  of  public  interest,  as  properly  fall  within  the  jurisdiction  of  the Legislature. Recognizing that Divine Providence which has guarded our State and National Institutions, and continued to the  citizens  of  this  commonwealth  the  blessings  of  health  and  peace  and  plenty,  we  assembly  to-day,  in accordance  with  the  provisions  of  the  Constitution,  to  assume  the  responsibilities,  and  exercise  the  high functions of Legislators. In  the  discharge  of  the  important  trust  imposed  upon  us  by  the  constitution,  and  by  our  oaths  of  office, we are responsible agents.  As Legislators and Magistrates, we hold our office and exercise authority, not by virtue of any inherent right, - not by any privilege of birth, or blood, or wealth.  The functions of office are defined by the Constitution; but he offices we hold are conferred upon us by  the people,  to be  again  surrendered  into  their hands  at  the  expiration  of  our Constitutional  term;  and,  in  the  exercise  of  the  powers  thus  conferred  on  us, we shall  be  chargeable with moral  delinquency,  and  unfaithfulness  to  the most  solemn  trust,  should we  fail    to  act solely in view of the public welfare. In  the  enactment  or  repeal  of  laws,  or  in  the  adoption  of  any  measures  proposed  for  our  consideration,  it becomes  us  to  be  guided  by  those  high  principles  of  right,  which  are  incapable  of  being  contaminated  with schemes  for  private  aggrandizement  or  partisan  promotion;  but  which  are  effective  in  aid  of  whatever  will promote  the  highest  moral  and  intellectual  culture  of  the  body  politic,  and  of  whatever  is  essential  to  the encouragement  of  its  industrial  interests,  and  the  security  of  the  rights  and  property  of  each  individual  of  the commonwealth. It is obvious to remark that the tendency, in most deliberative bodies, is to legislate too much rather than too little; and although there may be no danger that an intelligent assembly, delegated to enact laws as well for their own  observance  as  for  that  of  their  constituents,  will  compromise  the  interest  or  rights  of  the  people;  yet,  in view of  the  tendency above stated,  too great caution can hardly be exercised  in adopting measures of  reform or change.  Much inconvenience and perplexity necessarily arise from too frequent changes in our statue laws; and not unfrequently enactments, salutary  in  their  tendency, and calculated  to be of great utility, fail  to be effective, or to demonstrate their true character, because they have been repealed or essentially modified, before they have gone into general effect. The history of our past legislation records comparatively few ultra or unsound enactments.  Our laws, in the main,  have  been  eminently  just,  adapted  to  the  security  of  the  public  peace  and  the  protection  of  individual rights;  but  we  have  not  always  been  exempt  from  the  embarrassment  consequent  upon  unstable  legislation.    I doubt not  that  these considerations will be duly observed by you,  and  that you will  adopt  reformatory  changes, only in view of necessity or obvious expediency. The  duty  will  devolve  upon  you,  gentlemen,  to  elect  a  United  States  Senator,  for  the  six  years  next succeeding the preset Senatorial term of the Hon. Jocob Collamer. In  the  matter  of  expenditures  I  recommend  the  same  scrupulous  regard  to  economy  which  has  generally characterized  the  legislation  and  the  administration  of  this  State,  and  the  avoidance  of  all  measures  tending, unnecessarily,  to  the  accumulation  of  a  permanent  public  debt.    Such  economy  need  not  degenerate  into parsimony, but is consistent with reasonable appropriations for objects of public utility, and the usual provisions for educational and charitable purposes. The  rebuilding  of  the  Capitol,  necessitated  by  the  burning  of  the  former  edifice,  has  made  it  expedient  to resort  to  temporary  loans  for  defraying  the  expense;  and  it  may  be  necessary  and  advisable  to  make  further provisions  for  the  purpose  of  liquidating  bills  yet  uncancelled,  and  of  reimbursing  the  sums  which  have  been advanced. By  the  report  of  the  Auditor  of  Accounts,  it  will  be  seen  that  the  present  liabilities  of  the  State  are  as follows: Notes Funded, Due the Safety Fund, Due towns for U.S. Deposits, Orders unpaid,   $175,000 00 13,125 00 4,113 04 7,198 16 ---------------- $199,436 20 Its resources are as follows: Taxes uncollected, Amount in the Treasury, Balance outstanding,   $73,689 56 10,599 74 115,146 90 --------------- $199,436 20 Under  the  Act  of  1859,  appropriating  two  thousand  dollars  for  the  purpose  of  procuring  Mead’s  Statue  of Ethan  Allen,  orders  have  been  drawn  on  the  Treasurer  for  sums  amounting  to  one  thousand  dollars.    It  is understood that the artist has been successful in the design, and that the work is progressing satisfactorily. The  number  of  State  Beneficiaries  at  the  present  term  of  the  American  Asylum  for  Deaf  and  Dumb,  at Hartford,  is  twenty-four.    The  charge  per  annum,  for  board  and  tuition,  is  one  hundred  dollars  each;  and  as several  of  them  have  been  allowed  a  sum  not  exceeding  twenty  dollars,  for  clothing,  the  expenditure  for  the ensuring  year  will  be  nearly  equal  to  the  annual  appropriation  of  three  thousand  dollars.    This  is  considerably more  than  the  average  annual  expenditure  for  several  years  past.    There  are  but  five  State  Beneficiaries  at  the New England  Institution  for  the  instruction  of  the Blind,  in Boston,  the  charges  for whom will be  considerably less than the annual appropriation of twelve hundred dollars. No  public  State  charity  is more worthily  bestowed  than  the  annual  appropriation  for  the  Insane  Poor  at  the Vermont  Asylum  for  the  Insane,  at  Brattleboro.    This  Institution,  under  the  management  of  its  excellent  and devoted Superintendent, Dr. Rockwell, has been eminently successful.  It is believed that few institutions of the kind  have  been  managed  with  equal  sagacity  and  skill,  and  the  results,  as  a  whole,  are  highly  encouraging.  Since  its  commencement,  three  thousand  one  hundred  and  sixty-eight  patients  have  been  admitted,  and  two thousand seven hundred and ninety-one have recovered.  During the past year, one hundred and forty-three have been  admitted,  and  one  hundred  and  thirty-eight  discharged,  of whom  fifty-eight  have  recovered.    The  present number of patients is four hundred and thirty-six. Agreeably  to  act  of  November  21,  1859,  proposals  have  been  solicited  for  printing  the  Report  of  the  State Geologist,  which  have  been  responded  to  by  different  parties.    The  Report,  which  will  be  presented  to  the Legislature  at  an  early  day,  is  a  document  of  permanent  value,  and  I  doubt  not  the  question  of  printing  will receive your favorable consideration. The  Report  of  the  Bank  Commissioner  is  creditable  to  the  management  of  our  State  Banks,  showing  the soundness of our currency, and the abundant security of bill holders and depositors, under any contingency. The  education  of  youth  has  been  justly  regarded  by  political  economists  of  all  civilized  nations,  as  one  of the  most  important  elements  of  national  security  and  prosperity;  and  in  all  representative  and  liberal governments,  provision  for  a  proper  system  of  instruction  is  recognized  as  one  of  the  first  duties  of  the  State.  The  cause  of  education,  and  especially  the  institution  of  Common  Schools,  has  engaged  the  attention,  and secured  the  active  labors  of  our  greatest  statesmen  and  our  ablest  legislators.    The  spirit  of  liberty  and  the patriotism which  achieved  our  national  independence,  and  bequeathed  to  us  our  excellent  form  of  government, is referable, in no inferior degree, to the system of education early instituted by the fathers of New England; and it  is  only  as  the  youth  of  the  country  shall  be  properly  instructed,  morally  and  intellectually,  for  the  duties  of citizens, that our free institutions, in the hands of the coming and future generations, are to be preserved intact. It  is  with  much  satisfaction  that  I  refer  to  the  practical  working  of  our  present  school  law,  and  to  the efficiency  and  well  directed  efforts  of  the  Secretary  of  the  Board  of  Education,  in  connection  with  Teacher’s Institutes.  A sound policy would indicate the undesirableness of any essential change, until sufficient time shall have elapsed to develop more fully the working of our present system. In  this  connection,  I  desire  to  commend  to  your  particular  favor  the  elaborate  Report  of  the  Secretary, Mr. Adams.        The  mass  of  statistics,  the  extracts  from  correspondence  with  the  town  Superintendents,  and  the compendium  of  the  decisions  of  the  Supreme  Court,  in  cases  arising  under  our  school  laws,  indicate  great industry  and  devotion  on  the  part  of  the  Secretary,  and  an  amount  of  labor  far  exceeding  that  required  of  any other  officer  of  the  government.    The  report  is  a  document  of  great  value,  which  should  be  extensively circulated among the citizen of the State. The  voluntary  organization  of  the  State  Teachers’  Association  has  proved  a  useful  adjunct  to  the  Board  of Education  and  Teachers’  Institutes;  and,  as  it  embraces  a  large  number  of  experienced  teachers  and  friends  of education, who volunteer much  time and expense,  it may be worthy of your consideration whether  to authorize the  Board  of  Education  to  appropriate  a  small  sum,  annually,  for  defraying  the  expense  of  postage,  and  of printing the notices and reports of the Association. It was  remarked  by Governor Hall,  in  his  last  Executive Message,  that  “Our  laws  prohibiting  the  traffic  in intoxicating liquors have become the settled and approved policy of the State.” It  is  questionable  whether  further  legislation  on  this  subject  is  expedient  at  the  present  time.    Every  good citizen is presumed to be law-abiding.  Still, there are those in the community who in violation of law, continue the traffic, to the deep injury of many families, and the demoralizing of many of our youth. If  further  enactments  are  thought  to  be  necessary  for  the  security  and  peace  of  the  community,  it  may  be worthy  of  your  consideration whether  to  provide  by  law  that  the  illegal  vendor  of  intoxicating  liquors  shall  be made responsible to injured parties for the consequences of his illegal traffic. The  question  of  the  establishment  and  maintenance  of  one  or  more  House  of  Correction,  or  Reformatory Schools, within the State, for the employment of juvenile delinquents and others convicted of minor offences, is one of very grave importance, and which I desire to commend to your deliberate consideration.  The experience of  other  States  has  shown  that  these  institutions  are  eminently  adapted  to  the  conservation  of  morals,  and  the reclamation of those just entering upon a career of crime. I  desire  respectfully  to  propose  for  your  consideration  the  expediency  of  providing  by  law  for  the  election, by  a  plurality  of  votes,  of  Town  Representatives,  and  of  all  officers  chosen  by  the  General  Assembly,    –  as being  in  conformity  with  the  system  prevailing  in  most  of  the  States  of  the  Union,  and  with  our  own  in  the election of State Senators and County Officers.    It  is  conceived  that  the  law which  required a majority of votes to constitute an election,  is often productive of embarrassment, and a needless waste of  time and money,  to say nothing of its demoralizing influence in leading to venality in the exercise of the elective franchise.  The  Constitution  of  this  State  authorizes  the  organization  and  “arming  of  its  inhabitants,  for  its  defence, under  such  regulations,  restrictions  and  exceptions,  as  Congress,  agreeably  to  the  Constitution  of  the  United States,  and  the  legislature  of  this  State,  shall  direct.”   Under  this  provision  of  the  Constitution,  the  Legislature has,  from  time  to  time,  enacted  laws  for  the  enrollment,  organization  and  discipline  of  the  militia;  and  the frequent modifications and changes which have been made in our military code, indicate at once the importance which  has  been  attached  to  this  subject,  and  the  difficulties  which  have  been  found  to  exist  in  the  practical working  of  the  system.    Our  present militia  laws  are  undoubtedly  an  improvement  upon  former  legislation,  as being less onerous and more simple and effective.  I am not informed whether further provisions or reforms are desirable  or  expedient.    Public  opinion  and  the  spirit  of  the  age  point  to  an  enlightened  economical  policy  in relation to this department of the body politic, whereby to simplify the duties of the uniformed militia, moderate its expenses, and at the same time provide for its practical efficiency and discipline. In compliance with  the act of November 21, 1859,  the Quarter master General has disposed of certain arms and military property belonging  to  the State, and made purchases of military equipments, of which  transactions he will make report to the Legislature. In  the  early  part  of  the  present  year,  much  alarm  was  created  in  Massachusetts,  and  other  parts  of  New England,  in  consequence  of  the  appearance  of  the  cattle  disease  –  pleuro-pneumonia  –  and  it  being  a  well attested  fact  that  the  disease  is  both  contagious  and  infectious,  and  in  most  cases  fatal,  fears  were  justly entertained  that  it might  spread  to  other  parts,  and  become  general  throughout  the  country.   The Legislature  of Massachusetts, at its special session, convened for the purpose, enacted laws providing for the isolation of herds supposed to have been exposed to the contagion; and prohibiting the exportation or importation of cattle, except under  certain  restrictions  and  provisions.    The  subject  has  also  enlisted  the  attention  of  the  Legislature  of Connecticut and New Hampshire. It  is  not  known  that  any  cases  of  the  disease  have  occurred  in  this  State;  and  it  has  been  checked,  if  not entirely eradicated  in Massachusetts, where  it first appeared.   It may be doubted whether any special  legislation is  expedient  at  the  present  time,  touching  this  subject,  except  it  be  to  provide  for  sanitary  regulations  by  the selectmen of towns, when authorized by vote of their respective towns. It is a matter of congratulation that in every part of the State is seen the evidence of thrift and prosperity.  It is  observable  among  all  classes  of  our  citizens,  and  in  all  our  industrial  interests;  but  the  remark  is  especially applicable to the department of Agriculture. From  an  abstract  of  the  seventh United  States Census,  it  appears  that  in  1850,  there were  in  this  State,  two million six hundred and one thousand four hundred and nine acres of improved land, – a quantity exceeding that of  any  other New  England  State;  and  that  our  agricultural  products  for  that  year  exceeded  in  quantity  those  of any of the same states, in the articles of live stock, butter, cheese, wood, wheat, oats, potatoes, hay and a variety of  other  crops.    The  value  of  live  stock,  as  shown  by  that  census,  was  twelve  million  six  hundred  forty-three thousand two hundred and twenty-eight dollars, and the aggregate of farming productions for that year, shows a valuation,  including  live  stock  of  about  twenty-five millions  of  dollars,  being  nearly  equal  to  eighty  dollars  for each individual of our population. The  well  known  industry  of  our  citizens,  engaged  in  agricultural  pursuits,  and  the  capabilities  of  our  soil, have been made available  for  increasing  the amount of  these products, under  the  stimulus of augmented prices, consequent upon the opening of railway communication with the markets.  It may therefore be assumed that this department  of  industry  has  not  only  maintained  its  relative  importance,  but  that  it  has,  during  the  intervening years, since the above date, experienced a constant and healthful growth and increase; still it is conceived that it is capable of far greater development, and a much more abundant increase. Vermont  is  essentially  an  Agricultural  State.    The  great  body  of  its  citizens  are  engaged  in  agricultural pursuits.    The  salubriousness  of  its  climate,  -  the  richness  of  its  soil,  and  the  variety  of  its  physical  structure, adapt  it  to  the  cultivation  of  the most  essential  and  profitable  crops,  and  to  the  successful  prosecution  of  cattle and  sheep  husbandry.    Other  important  interests  exist  and  are  successfully  prosecuted;  but  it  is  to  this essentially, that we are to look for the most marked and healthy growth of the State in wealth and prosperity. In  the  exercise  of  that  fostering  care  which  it  becomes  the  Legislature  ever  to maintain  over  the  industrial interest of  the State,  I  respectfully  invite your attention  to  the question of providing  for an Agricultural Bureau, or  Board  of  Agriculture;  having  for  its  object  the  collection  of  statistical  and  other  information  relating  to agriculture, to be embraced in annual reports, for distribution throughout the State.  It is not desirable that such a department should be made expensive to the State.  Little need be required except to provide for the salary of its Corresponding Secretary and the publication of its reports. Our manufacturing  interests,  though not extensive, are prosperous and  increasing; but next  in  importance  to our  agricultural  pursuits,  as  a  source  of  wealth  and  material  development,  may  be  reckoned  our  quarries  of marble,  slate  and  soapstone.    These  quarries,  inexhaustible  in  quantity  and  unsurpassed  in  quality,  remained unavailable,  except  to  a  limited  extent,  until  developed  and  brought  into  contiguity  with  the  markets  by  our railways.    They  are  now  being  extensively  worked,  by  responsible  and  enterprising  companies,  which  find  a ready and increasing market for their productions in various parts of the United States. On the subject of National Politics, the people of Vermont have ever held a high and conservative position: Venerating  the  Constitution  as  the  palladium  of  our  civil  rights,  and  yielding  always  implicit  obedience  to all  laws  which  do  not  controvert  its  principles,  –  they  will  never  submit  to  encroachment  upon  its  high prerogatives, nor yield assent to those modern theories which distort its meaning, and controvert the opinions of the fathers of the Republic – its early expounders: Warmly  attached  to  the  Union  of  the  States,  and  pledged  by  every  principle  of  patriotism,  to  preserve inviolate  the  sacred bond, –  they can never be compromised with schemes  for  its dissolution, but will  resist  the hand that dares to “calculate its value,” and will invoke, if necessary, the national arm for its preservation: National  in  their views of political  economy,  and  in  sympathy with  the  free productive  labor of  the  country –  they,  advocate,  as  a  catholic  principle,  the  protection  of American  industry,  by  reasonable  discriminations  in the  tariff  of  duties  on  imported  articles,  and  judicious  appropriations  for  the  improvement  of  our  harbors  and navigable rivers: Honest  in  their  demand  for  economical  expenditure  in  the  administration  of  the National Government,  and jealous  of  an  undue  centralization  of  power  in  the  hands    of  the  National  Executive,  –  they  deprecate  the increased  and  constantly  increasing  extravagance  of  the  General  Government,  and  view  with  jealous  concern the evidence of executive malversation in the disbursement of the public money: Firm  and  unyielding  in  their  views  of  human  freedom,  they  nevertheless  accord  to  other  States  the constitutional  right  to  regulate  their  own  domestic  institutions,  and  disclaim  any  participation  with  those  who would invalidate that right:   Believing  and  maintaining  that  slavery  can  exist  only  by  virtue  of  law,  they  repudiate  with  firmness  the claim  that property  in human beings must be  recognized and protected, as  such, beyond  the  limits of  the States which have legalized it: Adhering  to  the  principles  established  by  the  enactment  and  resolutions  of  Congress,  and  the  decisions  of the  United  States  Courts,  during  more  than  half  a  century  of  our  early  history,  –  they  protest  against  the authority  of  an  extra-judicial  opinion,  controverting  those  principles,  promulgated  by  a majority  of  the  present Judges of the Supreme Court. It were but a common  remark  to speak of  the growing greatness of our country.    It becomes us, with a high recognition  of  an  overruling  Providence,  to  observe  the  development  of  its  resources,  its  progress  and  its destiny. Its agricultural products are  largely  in excess of  the home consumption, notwithstanding  the constant  influx of foreign immigrants, and the large proportion of its population, not producers, who are engaged in the various departments of commerce, manufactures and mechanical trades: Its mineral resources are unequalled by  those of any other country for their richness, extent and variety; and its  vast  public  domain  invites  he  enterprise  of  the  citizens  of  every  State  and  affords  a  home  for  the  thousands from other shores who are to become naturalized citizens: Its  manufacturing  establishments  are  upon  the  most  extensive  scale,  producing  massive  and  ingenious machinery, and all the useful and most substantial fabrics, of a style and quality not excelled: Its naval architecture excites the admiration of nautical men, of our own and other countries; and its railroad form  a  network  in  the  older  States,  and  are  being  extended  in  every  direction  through  the  new  States  and Territories, connecting the Atlantic with the Mississippi, and reaching onwards towards the Pacific: Its  destiny  is  onward.    Its  institutions  and  form  of  government  are  adapted  to  the  highest  development  of national  strength,  improvement and prosperity,  securing  to all classes  the enjoyment of  the  right  to pursue  their various  employments  unmolested,  and  affording  ample  protection  from  foreign  aggression  and  domestic insubordination. Intending  to  retire  from  office  at  the  close  of my  present  constitutional  term,  it  is  fitting  that  I  should  avail myself  of  the  present  occasion,  to  express,  through  you,  my  thanks  to  the  freemen  of  the  State,  for  the confidence  they  have  reposed  in  me,  in  calling  me  from  the  common  walks  of  life,  to  the  honorable  and responsible office of Chief Magistrate. Looking  for  Divine  counsel  and  direction,  it  shall  be  my  effort  to  cooperate  with  you  in  measures  for  the general welfare, during  the  term of our official  relations; and until  the  close of my official  term,  to  exercise  all the  functions  of  the  Executive  office  with  reference  to  the  best  interests  and  the  highest  improvement  of  the people of the commonwealth. May  that Divine Being, who controls  the affairs of States and Nations, guide you  in your deliberations, and preserve your lives, your dwellings and your families, until you shall have executed the high trust committed to your  hands,  and  won  for  yourselves,  from  an  intelligent  and  discriminating  constituency,  the  plaudit  of  “Well done, good and faithful servants.”