In the United States state of Vermont, the practice of impeachment has existed since its pre-statehood era as the Vermont Republic and has continued into its existence as a state since 1791. Impeachment allows a legislative body to remove an official from office after a trial.
Over the course of Vermont's history, the term "impeachment" has been used to describe a broad variety of actions, including, at times, the removal of legislators. This inconsistency over the history of Vermont as to what constitutes an "impeachment" has complicated historians' efforts to fully document the history of impeachment in Vermont.
Republic-era impeachment laws
The 1777 Constitution of the Vermont Republic gave both the Council of Censors and the Vermont General Assembly the power to impeach by a simple majority vote. The Council of Censors were empowered to impeach any state officer, while the General Assembly's impeachment powers were limited to county officers such as justices of the peace, sheriffs, and county judges. The Governor's Council and the governor or lieutenant governor ("Governor and Council") would together hear the impeachment trial and issue a judgement as to whether the impeached officer was to be removed. This court of impeachment could bring judges of the Supreme Court to sit as advisors to them. The constitution specified that, "Every officer of State, whether judicial or executive, shall be liable to be impeached by the General Assembly, either when in office, or after his resignation, or removal for mal-administration".
The 1786 Vermont Constitution, which amended the previous one, removed the ability of the General Assembly to impeach, meaning that the Council of Censors had the sole authority to impeach officers. It also saw the impeachment clause amended to allow "awarding of costs" to be a consequence of an impeachment ruling.
Republic-era impeachments and related proceedings
Expulsion of John Abbot and Daniel Martin (representatives) in 1781
On June 28, 1781, John Abbot and Daniel Martin, both members of the General Assembly, were "impeached" and removed from office. While this was termed an "impeachment", the entire process occurred in only one legislative chamber, the General Assembly. This was despite the Republic's constitution requiring that impeachments be tried before the Council of Censors and the governor or lieutenant governor. A more accurate descriptor by modern standards would perhaps be "expulsion" and "reprimand". Martin's removal ended later that day, as he was restored to his seat after showing "sorrow and repentance" before the General Assembly. Abbot was a representative from the town of Hoosack and Martin was a representative from the town of Putney. The impeachment resolution alleged that Martin had sold Abbott discounted Vermont bills of credit at one-fourth their face value in exchange for hard currency. This action took place during a financial crisis in Vermont.
John Barrett (Windsor County justice of the peace) in 1783–1785
On October 16, 1783, the General Assembly received a petition from residents of Springfield requesting John Barrett (alternatively spelled Barret), justice of the peace of Windsor County be impeached for maladministration. Several complaints had already been received by the General Assembly by individuals that had received judgement and writs from Barrett in 1781. Action was not immediately taken by the legislature, however, and the impeachment process would ultimately last until 1785.
On March 2, 1784, the General Assembly moved to issue an impeachment order against Berrett form maladministration in effect, "virtually suspends him from officiating in his office of justice of the peace" and ordering that Stephen R. Bradley act as prosecutor in the impeachment trial. On October 25, 1784, after receiving another petition in regards to Barrett, made a finding that "no impeachment was ever made before the Governor and Council in pursuance of said order" and that Barrett had never received official notice about the impeachment order, judging that Barrett was therefore not "virtually" suspended from "officiating in his said office." On October 27, 1784, the General Assembly authorized and impeachment and moved that Samuel Knight would also prosecute impeachment against Barrett. Knight and Stephen R. Bradley prosecuted in the impeachment trial.