Inaugural address of  John W. Stewart  As it appears in the  Journal  of the  House of Representatives  Biennial Session,  1870  Thursday, October 6, 1870 Inaugural Address  Gentlemen  of the Senate  and House of Representatives: Our  reverent  thanks  are  due  to Almighty God  for  the  blessings  of  health  and  prosperity with which He  has crowned the year that has elapsed since your last Annual Session. It seems fitting, that in the name of the people whom he so ably and faithfully served, I should advert to the great  public  loss  our State  has  sustained  in  the  death  of  the  late Governor Washburn.   The wide-spread  grief  it occasioned  is  still  fresh.    The  loss  of  a  public  servant,  so  upright,  faithful  and  capable,  so  earnestly  devoted  to the  best  interests  of  the  State,  is  indeed  irreparable.   We may  find  some  solace  in  the  thought,  that  he  lived  to meet  the  approval which his  eminent  services merited,  and  that his public  and official  life, henceforth  a part of our history, is worthy ever to be held in grateful remembrance. FINANCES. The financial condition of the State is satisfactory. The following is a summary of the Treasurer’s report, herewith submitted.: RECEIPTS. Balance in Treasury, Sept. 1st, 1869,   Vermont Bonds in the Treasury,  Amount of Sinking Fund,      Income of Agricultural College Fund,  Balances received from Judges of Probate,     License fees from foreign Insurance Companies,  Received from sundry railroads for Commissioner’s salary and expenses,         $5,000 00 Temporary loan of 1864   Temporary loan of 1867    14,500 00 100,000 00 Temporary loan of 1868   ---------------   Balance of State tax for 1868,   Amount collected on State tax for 1869,  Received from other sources,       DISBURSEMENTS. For debentures of General Assembly, 1869: Senate,  House of Representatives,  Miscellaneous,  Council of Censors, 2d and 3d sessions, Constitutional Convention,   Extra State pay of $7 per month, Allotment pay of officers and soldiers,  Court orders,  Auditor’s orders,  Discount on taxes allowed to collectors, Suspense account on outstanding checks, $4,372 00    29,315 60      2,635 60      1,631 60    10,752 80 -----------------       $36,931 24  27,500 00   75,694 02 8,151 00 8,218 00 476 00 547 13  $119,500 00       3,934 29   511,475 37     13,141 68 ----------------- $830,397 38  $48,707 60      8,644 85      5,301 00    56,438 82  190,611 14    16,705 13           14 00 Temporary loans paid,  Vermont bonds redeemed, Less registered certificates issued,   Interest paid as follows:  Coupons from bonds, Registered loan,   Temporary loans,  Surplus fund to towns, Allotment accounts    Vermont bonds in Treasury, Sinking fund for bonds due in 1871, Balance cash in Treasury,        $61,000 00    31,500 00 ----------------- $49,200 00    13,335 00      1,560 83         639 11      1,708 10 ----------------      CURRENT LIABILITIES. Auditor’s orders, outstanding, estimated by Auditor, Due to towns, U.S. Surplus Fund, Agricultural College Fund, Town’s interest on Surplus Fund,  On allotment accounts, Extra State pay,  Outstanding checks,  Interest on allotment accounts, estimated, Coupons of ’71 bonds, unpaid,                CURRENT RESOURCES.  Balance in Treasury,   Due on tax of 1869,     Excess of resources over liabilities, $ 49,338 78       5,546 34 ----------------   119,500 00 $29,500 00 $66,443 04     43,000 00   196,194 02     49,338 78 ----------------- $830,397 38 $2,017 43    11,176 18           68 40           27 96      4,558 26    17,758 49      1,877 73      1,000 00      2,280 00 ----------------- $ 40,764 45 $ 54,885 12 ---------------- $ 14,120 67   FUNDED LIABILITIES.   Under  the  authority  of  the  act  of  1867,  certificates  of  registered  loan  have  been  issued  amounting  to $247,500, of which $9,500 have been redeemed, leaving $238,000 outstanding September 1st, 1870.   The total of funded debt, including coupon bonds and registered loan, is as follows: Coupon bonds due June 1st, 1871, $448,500 Registered bonds due June 1st, 1871,       2,000 -------------   Coupon bonds due Dec. 1st, 1874, $95,000 Registered bonds due Dec. 1st, 1874,   150,500 -------------   Coupon bonds due Dec. 1st, 1876, $211,500 Registered bonds due Dec. 1st, 1876,     38,500   -------------    245,500 $450,500  250,000 $ 52,500     47,000    -------------           Coupon bonds due Dec. 1st, 1878,  Registered bonds due Dec. 1st, 1878,       Less bonds in the Treasury,    Funded debt outstanding,          ESTIMATED CURRENT EXPENSES FOR 1871. Extra State pay and allotment accounts, Interest on bonds and loans, Other State expenses,  Funded debt due June 1st, 1871, Less amount of sinking fund,          $450,500 196,194 -------------    99,500 ------------- $1,045,500    43,000 -------------- $1,002.500 $10,000 65,100  270,000  254,306 ------------- $599,406 ESTIMATE FOR 1872.  $8,000  Extra State pay and allotment accounts, 35,700     Interest on bonds,  1,500       Interest on loans, &c.,  270,000   Ordinary State expenses,   100,000    Sinking Fund for bonds due in1874, -------------    $415,200    The whole  amount  of  bonds  outstanding,  redeemable  in  1871,  is  $450,500;  of which  $378,500 were  issued prior to the passage by Congress of the legal tender act. It  is  held,  by  a  recent  decision  of  the  Supreme  Court  of  the  United  States,  that  the  provisions  of  the  legal tender act are not retroactive, and that debts contracted prior to its passage are payable in coin. The  coupons  on  these  bonds,  due  last  June  and  yet  unpaid,  amount  to  $2,280;  of  which  $1,920  have  been presented  and  demanded  in  coin—payment  in which was  declined—and  the  same  are  now  held  by  the  parties, awaiting the action of the Legislature. I  respectfully  recommend  a  prompt  recognition  of  the  authority  of  the  Supreme  Judicial  Tribunal  of  our county,  by  an  enactment  authorizing  the  Treasurer  to  pay,  in  coin,  that  portion  of  our  debt  falling  within  the scope of the decision referred to. The  Treasurer’s  estimate  of  expenses  for  the  year  1871,  amounting  to  $599,406,  is  made  upon  a  currency basis; so that if provision be made for the payment in coin of the bonds alluded to, it will be necessary to add to the  estimate  an  amount  sufficient  to  cover  the  probable  premium  on  gold,  when  needed.    This  is  estimated  at about $60,000, assuming the value of gold to remain nearly as at present.   The  estimate  for  the  year  1871  should,  therefore,  be  $659,406.    Inasmuch  as we  have  reason  to  expect  that the grand list of the State will be increased, it is hoped that the tax required to meet this estimate will not greatly exceed the tax of last year. CONSTITUTIONAL AMENDMENTS. Since  your  last  Annual  Session,  alterations  in  the  Constitution  of  the  State  have  been  made,  which  will require  corresponding modifications  of  our  Statutes.    It  is  not  necessary  that  I  should  call  your  attention  to  all the details of the required legislation, and I therefore specially notice only those which seem most important. By  the  change  from  Annual  to  Biennial  Sessions  of  the  Legislature,  the  tenure  of  office  of  all  State  and Legislative officials  is necessarily extended  to a corresponding period.   The support of  the government must be provided for during the interval between the sessions. As  appears  from  his  report,  the  Treasurer’s  estimate  of  expenses  for  the  year  1872  is  $415,200,  and  it  is incumbent upon you to lay a tax upon the list of that year sufficient to cover the estimate.  It would  also  seem  that  some  provision  should  be made  for  the  revision  and  correction  of  the  lists  of  each alternate  year,  when  the  Legislature  is  not  convened,  by  the  creation  of  a  board  competent  for  that  important duty. Under the existing law, the valuation of real estate recurs every fifth year.  It is obviously necessary that the interval  between  valuations  should  consist  of  an  even  number  of  years,  otherwise  such  valuations  will alternately occur in the year of legislative suspension. EDUCATION. I  congratulate  you  upon  the  manifest  advancement  the  cause  of  popular  education  is  making  in  our  State.  There  is a growing  interest  in our public  schools, and  the  truth  is generally acknowledged  that  the education of the  people  is  an  indispensable  safeguard  to  the  preservation  of  free  government.    For  the  general  diffusion  of education,  reliance  must  be  had,  primarily,  upon  free  common  schools.    It  is,  therefore,  of  vital  importance  to the  welfare  of  the  State,  that  the  instruction  afforded  in  these  schools  should  be  of  the  highest  character attainable.    It  should, however, be  remembered  that a system of education which  fails  to embrace  the academic and  collegiate  methods  and  opportunities  is  incomplete,  and  must  languish.   Where  mental  culture  is  broadest and  deepest,  there  are  the  fountains  whence  flow  the  best  educational  influences,  ever  drawing  up  to  a  higher plane what  is below.   In  turn  the common school sends up  its select material  to  the higher  institutions, and  thus the extremes of the complete system reciprocally elevate and sustain each other. I commend to your vigilant care the interests of all our institutions of education. Experiment  in  all  the  States  foremost  in  the  cause  of  education,  has  proved  the  great  value  of  the  Normal School,  in  training  teachers  for  common  schools.    Good  teachers  are  indispensable,  and  the  Normal  School  is the best  instrumentality which can be employed  to  secure  the needed  supply.    I venture  to suggest  that  the  time has come for the adoption in this State of a more settled and effectual policy on this subject. For  information  relative  to  the  practical working  of  the  plan  now  in  operation,  its  obvious  defects,  and  the remedy therefore, I refer you to the report of the Board of Education, and I commend the suggestions therein set forth  to  your  earnest  consideration.    While  the  plan  referred  to  has  not  been  without  beneficial  results,  yet  it manifestly  falls  far  short  of  our  need.    The  State  has  not  in  any  proper  sense  a  Normal  School.    It  is  for  you carefully  to  consider, whether  the  policy  so  cautiously  inaugurated  should  not  now  be  firmly  established  upon such permanent basis as shall secure the desired end. It is notorious that no small proportion of the children of the State do not attend any school.  The recognized duty  of  the  State  to  furnish  the  means  of  education  to  all  her  children,  implies  the  power  to  compel  the attendance of all.    Ignorance  is a prolific source of every  form of social disorder.   The propriety of  the exercise at this time of your undoubted power for its prevention, I submit to your careful consideration. ATTACHMENT LAW. I  esteem  it my  duty  to  call  your  attention  to  the  evils  of  our  law  of  summary  attachment.    They  have  long been  felt  and  acknowledged.    A  perfectly  solvent  business  man  is  liable  to  a  summary  attachment  of  all  his property  upon  a  claim  which  may  prove  wholly  groundless  or  even  fictitious;  his  credit  may  be  thereby seriously  impaired, and perhaps his business broken up and destroyed.   On  the other hand, of a debtor be  really insolvent,  the  first  attaching  creditor may  absorb  all  his  assets,  leaving without  satisfaction  or  redress  all  other creditors, frequently comprising widows and minors, who cannot exercise the sharp diligence the law requires. A law which not only permits by encourages the application of all the property of an insolvent debtor to the payment  of  one  greedy  creditor,  to  the  exclusion  of  all  others,  is  so  manifestly  unjust,  that  comment  is unnecessary. Entertaining  these  views,  and  believing,  as  I  do,  that  this  law  is  a positive hindrance  to business  enterprise, which  should  receive  every  encouragement,  I  respectfully  recommend  a  careful  consideration  of  the  subject, and that the law be essentially modified, and stripped of its harsh and unjust features. THE JAILS. I  invite your  attention  to  the  evils of our  jail  system.   They have  long been  felt  and deplored by  those most conversant with its workings.  While it would be manifestly impracticable to attempt an immediate cure of these evils, it is yet a question, worthy your earnest consideration, whether they may not be gradually ameliorated and finally abolished.   For  the most part our  jails are used as mere houses of detention.   Parties charged with crime are confined therein, only pending inquiry as to guilt or innocence.  Unquestionably the great evil of the system is  in  the  promiscuous  intercourse  of  all  the  inmates,  in  a  common  room.    Thus  are  brought  together  the  guilty and  the  innocent,  the  old  and  the  young,  the  unfortunate  and  the  depraved.    This  unchecked  association  is wholly  pernicious.    It  makes  the  common  jail  a  public  school  of  vice,  maintained  at  the  public  expense.    An expensive  instrumentality  for  the  prevention  of  crime  thus  becomes  a  prolific  source  of  its  perpetuation.    Shut up in idleness without books, without religious privileges or instruction, the vicious become more hardened, and the  innocent  corrupted.    The  released  victim  of  the  system  goes  back,  to  inflict,  in  nameless  crimes  upon society, the penalty for its neglect. Our jails should be so constructed as to render such intercourse impossible. I  suggest  whether  it  would  not  be  well  that  the  Legislature  should  prescribe  the  plan  of  construction  of  all jails  hereafter  to  be  erected  or  reconstructed;  and  that  their  internal  police  be  brought  more  directly  under legislative supervision. THE CENSUS. Returns  of  recent  census  show  a  small  increment  to  our  population  during  the  last  decade.    It  is  probable, however,  that  under  the  new  apportionment  of  Representatives  in  Congress,  to  be  made  upon  the  census  of 1870,  our  State  will  lose  one  member,  and  must  therefore  be  re-districted  before  the  next  Congressional election.    In order  to avoid  the expense of an extra  session,  I  recommend such  legislation at  the present session as shall provide for the expected contingency.  ANNUAL REPORTS. The Annual Reports  to which  no  allusion  has  been made, will  be  submitted  for  your  consideration.    I  have had no opportunity for their proper examination. ASSESSMENT OF TAXES. Our  system  for  the  assessment  of  taxes  is  defective.   The  amount  of  personal  estate which  escapes  taxation is enormous.  Valuations are unequal, and the burdens of taxation bear unequally upon our citizens.  Real estate cannot  escape,  but  personal  property,  through  the  much  abused  privilege  of  offset  for  debts,  and  the  various shifts  of  evasion  and  concealment  too  commonly  practiced,  is  largely  omitted  from  our  annual  lists.    As  a consequence,  real  estate  is  always  appraised  below  “its  true  value  in money,”  and  not  seldom  at  less  than  one third of such value. It  is  a  serious  question  whether  offsets  for  debts  should  not  be  much  restricted.    It  may  be  well  to  inquire whether  the  evils  of  the  present  system may  not  be  at  least  alleviated  by  well  considered modifications  of  our law. COUNTRY AND STATE. I  congratulate  your  on  the  condition  of  our  beloved  country,  reunited  upon  the  righteous  basis  of  universal freedom and citizenship. The evidences of renewed prosperity are abundant.  While other nations are desolated by the ravages of war, we enjoy the untold blessings of peace. There  are  encouraging  signs  of  advancement  in  our  own  State.    Our  population  and  resources  have materially  increased  within  a  brief  period,  of  a  ship  canal  connecting  the  waters  of  Lake  Champlain  with  the Upper Lakes,  thus bringing Vermont  in  the great highway of  traffic  from  the West  to  the  seaboard, will greatly stimulate our industries and develop our resources. I  invoke  upon  the  precious  interest  committed  to  you,  the Divine  blessing,  and  upon  your  deliberations  the guidance of Infinite Wisdom. } EXECUTIVE CHAMBER    Montpelier, Oct. 6, 1870.   JOHN W. STEWART.