Burlington weekly free press. [volume] (Burlington, Vt.) 1866-1928, 1892-06-23
Some Ancient Vermont Legislation

tue estaDnSnment OF ner CtatenOou IN l'i'
are very marked, though to tho mon of the
present generation, not given to historical
studies, not we'll proven or considered
Yempord Htutdnttr ct mutdntur in WiS.
The legislation of that early day, largely
copying from the Puritanism Of New Eng
land, assumed moro religious form than
later, sometimes reaching back to the Mo-
sale theocracy. In the constitution of 117T
and 17S6 religious test oath or declaration
was prescribed to be taken by tho men,
bers of tho House of Representatives.;
Each member before he takes his seat shall
make and subscribe the following declura
ton, viz: ] do believe in one God, the
creator aud governor of the universe, the
rewarder of the good ard punsher OF the
wicked. And do acknowledge the Scrip
lures Of the Old and New Testament to be
given by divine inspiration, and own and
profess the Protestant religion.
The form Of oath prescribed in these con.
situations and Ill the acts of the Legislature
for many years was: ~ do solemnly swear
by the ever living God, - though as partial
yielding to the religious scrupes of the
Quaker it was changed in his behalf to: 81
do soemnly affirm in the pres
cncc of Almighty Coda rather
shadowy compromise. The form of
oath now in use is, al solemny swear, otc., "
using the name of God only in the concus
sion, $50 help me God;n while tho man of
Quaker conscience is permitted to soemnly
affirm, "Under the pains and penalties of
perjury" without mention of the name Of
God, or reference to lis presence.
At common law, and until the year 1851,
in this State, no person was competent as a
witness who did not believe in a Supreme
Being who would punish perjury. The
sument was, that formal appeal to God
in the form of an oath to tell the TRUTH wa
but mockery, in the mouth of one who de-
MED the existence Of an avenging God, and
was no true oath. 1t mist be confessed
that the strict logic OF the matter was with
the objector, but the indelicacy or scandal
of Attempting to prove by outside witnesses,
or by inquiry Of the professed witness his
religious belief, was too much for logic, and
accordingly, in 1871, it was enacted that,
"No person shall be incompetent as a wit
ness in any court, matter or proceeding on
ligious belief; nor shall any witness be
questioned, nor any testimony be taken or
received, in relation thereto" This enact
ment has since remained the law OF the State.
Hon. Loyal c. Kellogg of Benson, after
ward judge of the Supreme Court,
learned jurist and Christian gentleman, was
the promoter Of this enactment; and us he
assumed the responsibility for it, to him
specially belongs the credit of it.
Punishments prescribed for ofenses in
those early days had no sentmentality
about them There was no pity in the
stroke; no notion of reformation of the Of
fender, but of punishment as SUCH pure
and simple and so severe and impressive as
to frighten the il-disposed to more virtuous
courses. To this end these punishments
were to be administered in public. Thus
for many years the law, first enacted in
49, required that every town in this
State shall make and maintain at their own
charge, good pair Of stocks. with lock
and key sufficient to hold and secure such
offenders as shall be sentenced to sit therein,
which stocks shall be set in the most public
place in each respective town"
The whipping post and gallows were well
established pubic Institutions and conspicu-
ously displayed public whippings upon the
bare back, cropping of ears and branding
of forehead or hand with hot irons, were
the penalties for minor Offences, while the
greater crimes were punishable with death.
Thus, 10y the laws OF l179 the punishment
of injurious lying or ito deceive and abuse
the people with false news or reports was
for the first offence, a fine of forty shillings:
or, if unable 10 pay the same, ito sit in the
stocks not exceeding three hours - and for
q second offence double that sum. and if
unable to pay the same to he whipped on
the naked body not exceeding ten stripes"
Possibly some may regret that this enact
mont has passed into 'innocuous dosue-
tude
The punishment for burglary and robbery
was. for ths first offence, 10 he branded on
the forehead with tho capital letter b on a
hot iron, and to have one ear nailed to n
post and cut Off, and also to be whipped on
the naked body fifteen stripes; for a second
offence to be branded as aforesaid and have
the offenders other ear nailed and cut Off
as dlOIesdli anu 10 be Wulpptu on the naked
body twenty-five stripes; and for h third
offence, the offender "shall lie put to death,
as being dcorrigibie,'
The punishment for adultery was that
the offender be set upon the gallows for one
hour with rope about the neck and the
other end cast over the gallows, and to be
whipped upon the naked body not exceeding
thirty stripes, and to wear "A capital
A of two inches long and proportional high
ness, cut out in cloth of a contrary color to
their cloths and sewed upon their upper
garment on the outside OF their arm, or on
their back, in open view'-and if found in
the State without that letter the offender
should be forthwith apprehended and pub
licly whipped, not exceeding fifteen stripes;
and so from time TO time, tOtieS quoiies.n
Like punishments, of sitting on the gal
lows, cropping, branding, whipping and the
wearing of Distinguishing letters were pre-
scribed for other offences, as incest, man
slaughter, etc, while the punishment OF
death was prescribed for several other Of