Executive  Speech of  Richard Skinner  As it appears in the  RECORDS  OF THE  GOVERNOR AND COUNCIL  OF THE  STATE OF VERMONT.  Volume VI.  1820      October, 1820. SPEECH OF GOV. SKINNER– 18201.  Gentlemen  of  the  Council,  and  Gentlemen  of  the  House  of  Representatives,  –  Having  been  called  to  that office, the duties of which I have now , in the presence of the General Assembly, sworn faithfully to perform; in conformity  to  ancient  usage,  and  the  requirements  of  the  constitution;  as  the  organ  of  the  Supreme    Executive Power;  and  to  prevent  unnecessary  delay  in  the  business  of  legislation;  I  have  taken  this  early  opportunity  of inviting your attention to some of those subjects, the investigation of which is deemed important, and to present to  your  consideration,  such  ideas  thereon,  as  have  been  suggested  to  my  mind.    The  faithful  services  of  those practical, able, and venerable politicians, and statesmen, who have preceded me  in  the office of chief executive magistrate  of  the  State,  and  upon  whom  a  similar  duty  has  hitherto  for  many  years  devolved;  forbid  the expectation    of  proposing  any measurement  of moment, which  shall  be  new  and  useful.   My  highest  ambition will  be  gratified,  in  being  convinced,  that  the  public  interest  has  not  suffered  by  reason  of  the  trust  reposed  in me:  and be assured, its advancement demands, and shall receive, the unremitted exertion of all my faculties. The frequent alteration of public statutes is justly considered an evil, seldom counterbalanced by the benefits resulting  therefrom.    The  best  evidence  the  representatives  of  the  people  can  give,  of  their  faithfulness,  and intelligence,  is a  reluctant and careful approach at  innovation.   In  the practical use of  this doctrine, and  to resist a false application of the principle, great watchfulness is necessary. That our laws are susceptible of improvement, is not to be questioned; and that the influence of such as have an interest opposed to that of the community, should be exerted, in preventing salutary amendments to the laws, is as natural, as that it should be exercised,  in procuring the passage of such as are unjust. To  provide  for  the  impartial,  speedy,  and  correct  administration  of  justice,  ought  to  be  amongst  the  first objects  of  a  Legislature;  for  in  vain  do  the  people  submit  to  the  imposition  of  taxes,  raided  to  defray  the expenses  of  a  government,  formed  for  the  protection  of  their  rights;  and  in  vain  do  the  representatives  of  the freeman  enact  laws  against  vice,  immorality,  and  injustice,  if  adequate  means  are  not  provided  for  carrying them into effect. Many  complaints  have  been  made,  of  the  delay  and  expense,  incident  to  prosecutions  for  redress  in  our Courts  of  Justice;  and  a  determination  has  been  repeatedly  manifested  by  the  Legislature,  to  suppress  every attempt made  for  increasing  costs,  by  passing  useful  laws  to  that  end.   Yet  it  is  believed  the  principal  evil  has not, until  the  last session, been  in any measure  removed; and  it still  remains worthy of serious  inquiry, whether a  further  remedy  may  not  be  applied.    It  is  difficult  to  discover  what  possible  advantage  can  result,  from enabling suitors,  to claim as a matter of right, on  the  trial of a question of  fact, more  than one verdict of a  jury.  There  can  be  no  presumption  that  a  second  panel will  be more  capable,  or more  disposed  to  impartiality.    The privilege  of  New  Trial,  secures  against  accident,  surprise  and  injustice.    The  extravagant  expense,  and  great delay, occasioned under the former system, in which a party was required to obtain in his favor, two verdicts in three,  before  his  right was  established,  has  been  checked;  and  it  no  longer  remains  an  object  to  succeed  in  the first  trial;  consequently  the  delay  and  expense  incurred,  in  requiring  a  party  to  commence,  and  pursue  to judgment his suit, in a court where the judgment confers no benefit, appears useless. The  framers  of  the  Constitution  contemplated  the  erection  of  a  Court  of  Chancery  distinct;  and  there  are many  who  consider  it  the  duty  of  the  Legislature  to  exercise  the  power  conferred.    Yet  the  necessity,  and expediency,  of  the  measure  is  questionable.    That  some  further  provision  ought  to  be  made,  is  apparent.    The inconvenience  experienced  under  the  existing  law,  arises  from  the  want  of  authority  in  the  Judges  of  the Supreme  Court,  to  perform  any  duty  as  Chancellors,  excepting  at  the  regular  sessions;  and  the  many intermediate  steps,  requisite  to  be  taken  in  a  suit  in Chancery,  necessarily  protract  the  final  hearing  and  decree to a period unwarrantable. When  it  is  understood,  that  the  amount  actually  expended  from  time  to  time,  in  the  prosecution  of  suits  in the courts of  justice, far exceeds all  that  is required  to sustain every department of  the government; and when  it                                                  1 Printed Assembly Journal  of 1820, pp. 11. is  recollected  that  the  Bill  of  Rights  declares  that  “every  person  ought  to  obtain  right  and  justice  freely,  and without  being  obliged  to  purchase  it;  completely  and  without  any  denial,  promptly  and  without  delay,”  the subject  cannot  fail  to  excite  a  deep  interest;  and  any  degree  of  solicitude may  be manifested without  reproach.  The Judiciary is that on which the character of a State vitally depends, and the degree of confidence reposed in a government is measured by the rank it sustains. The  subject  of  taxation  is  one  to  which  the  attention  of  the  Legislature  has  been  frequently  directed,  and although  it  is  generally  believed  that  the  intention  to  equalize  the  burden,  by  the  act  of  the  last  session,  is  not effected;  yet  with  little  amendment,  there  can  be  no  doubt,  the  system  will  have  been  greatly  improved.    A standard, by which  the  relative value of  improved  lands  in  the  state may be ascertained, and  the particular  state of improvement which shall render it subject to assessment, seems to be indispensable. The  settlement of  the estates of deceased persons, has become a matter of  serious concern,  inasmuch as  the title  to  the greatest portion of  real  estate  in  the State,  is bottomed on proceedings  in our Courts of Probate;  and the  rights  of widows  and  orphans  are  here  deposited.   A  careful  attention  to  the  laws,  regulating  the  settlement of  testate  and  intestate  estates,  that  they  may  be  rendered  as  perfect  as  possible,  is  desirable.   Much  difficulty and embarrassment arises, from  the circumstance  that  the whole system of our  law on  the subject,  is, and ought to be,  essentially different,  from  the  laws of  that government, whence we derive  the  common  law.   Our  Judges of Probate ought to be men of ability and integrity; and no inconsiderable evil arises, from a frequent change of officers in that department. It may  perhaps  be  an  useful  enquiry, whether  the  general  encouragement,  that  has  been  given,  to  pursuing, and  returning of offenders, who have  fled  from  justice  to distant parts of  the United States, and who  frequently are  transient  persons,  and  violators  of  the  laws  of  other  governments  as  well  as  our  own,  is  consistent  with sound  policy.    And  whether  it  would  not  be  advisable,  that  a  law  should  be  passed  hereafter  requiring  the sanction of some of the officers of the government; without which the State will not defray the expense. The  relation  in  which  this  State  stands  to  the  general  government,  its  welfare  being  identified  with  that  of the  United  States,  all  the  important measure  adopted  by  Congress,  become  highly  interesting  to  us.    Justice  to ourselves  dictates,  and  a  long  course  of  practice  sanctions,  the  propriety  of  the  Legislature’s  expressing  the sentiments,  they  entertain  on  subjects which  essentially  concern  the  nation;  and more  especially,  of  instructing their Senators, and advising the Representatives in Congress, as to the course they ought to pursue. The act of the last session of Congress, authorizing the inhabitants of a portion of the territory of the United States,  to  form  a  state  government, without  a  provision  in  its  constitution,  restricting  the  power  of  enslaving  a part  of  the  human  family,  has  caused  general  surprise  through  the  State,  and  excited  feeling  of  sincere  regret.  The report of the committee on this subject, which was adopted by the House, and at the close of the last session dismissed,  it  is  presumed,  furnishes  no  evidence  of  the  opinion  of  that  respectable  body.    Indeed  could  I entertain  a  doubt,  as  to  the  feelings  of  the  people  of  Vermont,  I  should  not  have  troubled  you  with communicating my own.2Whether  at  this  period,  it  is  advisable  for  the  Legislature  to  adopt  any measure  on  the  subject,  considering the question at rest; or in view of its being again agitated, on the constitution’s being submitted, for the sanction of  Congress;  or  in  view  of  any  feature  of  that  constitution,  which  may  be  opposed  to  those  equal  rights,  and privileges,  professed  to  be  guaranteed,  by  the  republican  principles  of  the  government,  is  submitted  to  the wisdom and discretion of the General Assembly. The  period  has  arrived,  in  which  it  becomes  our  duty  to  elect  a  Senator,  to  represent  this  State  in  the Congress  of  the  United  States.    That  we  may  possess  that  influence,  and  weight  of  character,  at  the  seat  of government; and sustain that rank in the Councils of the nation, which is desirable, and to which we are entitled; the  first  talents  and  ability  ought  to  be  sought  to  fill  the  office.    It  is  also  to  be  recollected,  that  the  trust  is  not only of great moment, but of long duration; the character therefore to be selected, ought to be such, as by a long                                                  2 The Governor here referred to the Missouri question in Congress, and the failure of an attempt in the legislature of Vermont in 1819 to adopt anti-slavery instructions to the State’s delegation in Congress.  course of tried patriotism, and inflexible integrity, a pledge is furnished, that public interest will not be bartered to private gain.  Electors of President and Vice President are also to be appointed. In  the  election  of  officers  to  fill  the  several  departments  of  the  State  government,  we  ought  not  only  be guarded  against  the  influence  of  that  aspiring  unwarrantable  ambition  which  openly  assails;  but  also  of  that which may be generated, by a restless, disappointed, envious spirit, which lurks in secret and attacks unawares. There will probably be received from my predecessor in office, communications from the General and State governments, of a nature which ought to be submitted to the general Assembly, which, together with such other matters, as shall be my duty to lay before you, will be made the subject of a special message. The  hitherto  enviable  prosperity  that  has  pervaded  this  State,  the  wisdom  and  prudence  with  which  its councils have been distinguishingly marked,  the urbanity,  and  sobriety which  characterize  the great body of  its citizens,  has  rendered  us  a  truly  respectable  and  happy  people;  and may we  not  confidently  hope,  that  by  duly regarding  the example of our venerable and worthy ancestors, and humbly, and religiously reposing our  trust  in that SUPREME BEING, who holds  the destinies of nations  in his hands, and directs  their course, who  searches all hearts  and  without  whose  agency  the  most  minute  act  is  not  performed,  we  may  not  only  hold  fast  the  favors now enjoyed, but rise in prosperity as our years increase.  RICHARD SKINNER