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UNIVERSI
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VIVERSITY OF MICH

THE
TES
SCIENTIA
1817
HIGAN
IL·LIBRARIES · `
Vermout.
RECORDS
OF THE
COUNCIL OF SAFETY
AND
100901
GOVERNOR AND COUNCIL
OF THE
STATE OF VERMONT,
TO WHICH ARE PREFIXED THE RECORDS OF THE
GENERAL CONVENTIONS
FROM JULY 1775 TO DECEMBER 1777.
VOLUME I.
EDITED AND PUBLISHED BY AUTHORITY OF THE STATE
By E. P. WALTON.
MONTPELIER:
STEAM PRESS OF J. & J. M. POLAND.
1873.
E
47
V53
CONTENTS OF VOLUME I.
I. AN ACT providing for the printing of the Journals of the
Council of Safety and of the Governor and Council....
Commission to Hon. E. P. WALTON...
II.
ACKNOWLEDGMENTS AND EXPLANATIONS....
III. GENERAL CONVENTIONS in the New Hampshire
Grants, for the independence, organization, and defense
of the State of Vermont, July 1775 to December, 1777..
Introduction...
Convention at Dorset, July 26, 1775.
(L
at Dorset, Jan. 16, 1776…….
(C
(6
(6
3
at Dorset, July 24, 1776. .
at Dorset, Sept. 25, 1776. .
at Westminster, Oct. 30, 1776..
66
at Windsor, June 4, 1777..
66
at Windsor, July 2, 1777..
•
V
V
vi
1-103
3
6
11
14
26
36
62
3893
52
76
at Windsor, Dec. 24, 1777…….
IV. THE FIRST CONSTITUTION of the State of Vermont. $1-103
Introduction.
Amendments of, 1786..
66
•
1793 to 1870, notes on.
•
The Preamble, notes on...
Origin of the Constitution and comparison with the Frame
of Government of Pennsylvania granted by CHARLES
THE SECOND to WILLIAM PENN.
•
$3
84
85
$5
$5
86-89
Copy of the first Constitution
90-103
V. COUNCIL OF SAFETY of the State of Vermont, July
8, 1777, to March 12, 1778.
106-229
Introduction……….
107-129
Powers of the Council..
Members of the Council.
·
Proceedings of the Council.
108
109-129
130-229
iv
CONTENTS.
VI. RECORD OF THE GOVERNOR AND COUNCIL,
March 12, 1778, to Aug. 23, 1779..
Introduction...
Record of Governor and Council...
•
·
The Governor and Council as a Board of War..
VII. APPENDIX..
APPENDIX A, No. 1, Poceedings of the Congress and Com-
mittee of Safety for Cumberland County, June 1774 to
September 1777...
231-309
233-242
243-309
294-309
311-525
313-370
APPENDIX A,No. 2, Gloucester County Committee of Safety, 371–375
APPENDIX B, Some Miscellaneous Remarks, and Short
Arguments, on a Small Pamphlet, dated in the Conven-
tion of the Representatives of the State of New York,
October 2, 1776, and sent from said Convention to the
County of Cumberland, and some Reasons given, why
the District of the New Hampshire Grants had best be
a State. By IRA ALLEN. Hartford, [Conn.,] printed by
Ebenezer Watson, near the Great Bridge, M.DCCLXXVII. 376-389
APPENDIX C, Manifesto prepared and published by order
of the Westminster Convention, October 30, 1776...... 390-393
APPENDIX D, Dr. THOMAS YOUNG to the Inhabitants of
Vermont, 1777...
of Rights, by Hon. DANIEL CHIPMAN
APPENDIX F, The Name "VERMONT ".
•
394-399
APPENDIX E, Remarks on Article three of the Declaration
400-402
403-404
•
APPENDIX G, First Union of New Hampshire towns with
Vermont, in 1778-9.....
405-441
APPENDIX H, Proclamation of pardon issued by Gov.
CHITTENDEN, June 3, 1779.
442-443
APPENDIX I, A Vindication of the Opposition of the In-
habitants of Vermont to the Government of New York,
and of their right to form an independent State. Hum-
bly submitted to the impartial World. By ETHAN
ALLEN. Printed by Alden Spooner, 1779, printer to
the State of Vermont.....
·
APPENDIX J, Documents on the enforcement of the au-
444-517
thority of Vermont in Cumberland County in May 1779, 518-525
VIII. ADDITIONS AND CORRECTIONS...
526
AN ACT PROVIDING FOR THE PRINTING OF THE JOUR-
NALS OF THE COUNCIL OF SAFETY AND OF
THE GOVERNOR AND COUNCIL.
SEC. 1. The governor of the state is hereby authorized to appoint
some suitable person or persons, and to contract with him or them to
edit and publish the journals of the council of safety and the early jour-
nals of the governor and council to such extent as the governor shall
judge necessary to preserve the history of the state.
SEC. 2. Such person or persons so appointed are also authorized to
publish, in the form of an appendix to such records, any cotemporary
public documents that may be necessary to explain such records.
SEC. 3. Such records shall not be printed faster than one volume of
convenient size each year.
SEC. 4. There shall be printed one thousand copies of each volume
of said publication, and two hundred copies be given to the Vermont
Historical Society, two hundred copies to the state library, and six hun-
dred shall be deposited with the state librarian for sale on such terms
as the governor shall prescribe.
SEC. 5. The expenses and accounts for editing and printing said rec-
ords shall be approved by the governor before they shall be audited by
the state auditor.
Approved, November 15, A. D. 1872.
COMMISSION.
UNDER and by virtue of the authority of the Act of the General As-
sembly of the State of Vermont, approved November 15th, A. D. 1872,
I hereby appoint and empower the Hon. E. P. WALTON of Montpelier,
in said State of Vermont, to prepare and publish two volumes of con-
venient size, (octavo,) and in good style, of the Journals of the Council
of Safety and of the Governor and Council of this State, with such addi-
tional matter as may be deemed necessary and proper by notes and
appendix; and I do hereby commend him to the favor of all National
and State authorities, Historical Societies and Librarians, and gentle-
men having materials useful for the proposed work, assuring them that
the courtesy rendered to him as the agent of the State will be deemed a
courtesy to the State.
L. S.
Given under my hand and the seal of the State, at Woodstock,
this thirteenth day of January, A. D. 1873.
By the Governor:
JULIUS CONVERSE.
J. D. DENISON,
Secretary of Civil and Military Affairs.
ACKNOWLEDGMENTS AND EXPLANATIONS.
To His Excellency, JULIUS CONVERSE :
IN issuing the first volume of the records of the Council of Safety
and Governor and Council of Vermont, justice to others requires me
first to acknowledge your own zeal in aiding the work by giving me am-
ple powers and prompt responses to my requests for advice; and next
to acknowledge the valuable materials gleaned from the labors of others
in the field of Vermont history; to wit: to Hon. HILAND HALL, for
suggestions and criticisms, and for the aid derived from his Early His-
tory of Vermont; to B. H. HALL, author of the History of Eastern Ver-
mont; to Miss ABBY MARIA HEMENWAY, for very numerous items of
personal history in the Vermont Historical Magazine; to the Histories
of Vermont, &c., by IRA ALLEN, Dr. JOHN A. GRAHAM, Dr. SAMUEL
WILLIAMS, and Rev. ZADOCK THOMPSON; to Dr. JEREMY BELKNAP'S
History of New Hampshire; to Hon. WILLIAM SLADE'S State Papers;
to the Documentary History of New York; to the two volumes of Collec-
tions of the VERMONT HISTORICAL SOCIETY; to Hon. DANIEL CHIP-
MAN'S Memoir of Governor Thomas Chittenden, &c.; to Hon. WM. M.
PINGRY, of Perkinsville, for the Pingry Papers; to Hon. JAMES H.
PHELPS, of West Townshend, for new and valuable additions to the
record of the General Conventions, &c.; to HENRY S. DANA, Esq., of
Woodstock, for papers contributed, and for criticisms; to Hon. SAMUEL
SWIFT, for the History of Addison County; and to the town histories of
Bennington by Rev. ISAAC JENNINGS, Fair Haven by ANDREW N.
ADAMS, Pittsford by Dr. A. M. CAVERLY, Salisbury by JOHN M. WEEKS,
and Shoreham, by Rev. JOSIAH F. GOODHUE. Many other town histo-
ries, contained in Miss HEMENWAY's Historical Magazine, have been
used and are cited in the notes.
Special acknowledgments are due to Hon. DAVID READ of Burling-
ton, and Hon. LUCIUS E. CHITTENDEN of New York city, for their
labors in securing the portrait of Gov. Thomas Chittenden; and to Hon.
ROSWELL MARSH of Steubenville, Ohio, for the portrait of Lieut. Gov.
Joseph Marsh.
And finally it is due to the people of Vermont that I should declare,
that no portraits of Chittenden and Marsh were ever painted in their
lifetime, and that the engraved portraits in this volume have been con-
structed from descriptions of the person, dress, and character of these
ACKNOWLEDGMENTS AND EXPLANATIONS.
vii
noble Vermonters by gentlemen who knew them, and from the por-
traits of such descendants as were known most closely to resemble
their distinguished progenitors. The portraits used for the engraving
of Gov. Thomas Chittenden were those of THOMAS and ELI CHITTEN-
DEN, sons of Noah, and grandsons of Gov. Thomas Chittenden. These,
with personal descriptions by Gov. MARTIN CHITTENDEN and others,
were committed to the charge of Hon. LUCIUS E. CHITTENDEN, and
the drawing and engraving have been done under his inspection by an
artist of the highest reputation, H. B. HALL, of Morrisania, N. Y. The
portraits used in constructing the engraved portrait of Lieut. Gov.
Joseph Marsh were those of the late CHARLES, of Woodstock, brother
of Hon. GEORGE P. MARSH, and of the Hon. ROSWELL MARSH of Steu-
benville, Ohio. The description used of Lt. Gov. Joseph Marsh's per-
son, dress, and character, were by Hon. ROSWELL Marsh. The
important question is as to the value of these engravings as portraits.
As to the Chittenden it is to be observed, first, that the Chittenden race
is so strongly and peculiarly marked that the form of person and head,
and some of the features of the face, are recognized even in very distant
connections-as, for one instance, in the late Senator CRITTENDEN of
Kentucky, who was of the Chittenden race, and so strongly resembled
them that the Hon. Lucius E. Chittenden once mistook the Senator for
his father. I knew the Senator well, and also recognized his strong re-
semblance to the father of Lucius. But again, it is remarkable that the
peculiarity of a defect in one of Gov. Thomas Chittenden's eyes is dis-
tinctly marked by a cast in one eye of each of his descendants whose
portraits have been used. Finally, writing as to the value of the Chit-
tenden as a portrait, Hon. Lucius E. Chittenden declared that it is
perfectly satisfactory." The autograph was selected from several in the
state archives, as the best written in his last years. As to the value of
the engraved portrait of Lieut. Gov. Marsh, no person living, other than
Hon. ROSWELL MARSH, is competent to give an opinion. He was the
grandson of the Lieutenant Governor, lived with him until he was eigh-
teen years of age, and still remembers well his person and character. A
copy of the drawing by H. B. HALL was transmitted to Hon. ROSWELL
MARSH for criticism, and he replied as follows:
Hon. E. P. WALTON :
STEUBENVILLE, [Ohio,] July 23, 1873.
Dear Sir,-Your favor of the 18th covering a photograph from a
constructed portrait of my revered ancestor came to hand yesterday.
I had formed erroneous anticipations in one respect: I expected to see
a face with the lines of age such as memory painted him. That would
have been out of place and time.* Had his portrait been painted by a
*The editor regarded the portrait of Charles, brother of George P.,
as being taken when he was too young, and of Roswell as being taken
when he was too old, to represent Lieut. Governor Joseph, and therefore
advised the artist to attempt to strike a medium as to the features of age.
viii
ACKNOWLEDGMENTS AND EXPLANATIONS.
skillful artist at fifty, I can well believe the difference between that and
this would be little more than the fading which time makes upon a fresh
painting. You invite me to criticise. I know of but one man living
except myself who knew him [Lieut. Gov. Marsh] familiarly-LEVI
DEMMON, a neighbor, now ninety-four years of age. He is, I am told, a
second child, does not know his house nor children. I am no critic, and
dare not touch it. My advice is, let well enough alone. I agree with you.
The light of intelligence and benevolence shines in every feature and is
truly appropriate. An earnest Christian without bigotry, he was just
the man to rebuke his brother deacon, a cold-blooded Puritan, for absurd
inconsistency because while declaiming violently against the wickedness
of young people going to dancing-school, he diligently kept time with
his foot to a three-stringed fiddle worked by an old negro in the kitchen
for the amusement of the children.
I am very respectfully,
ROSWELL MARSH.
The autograph of Lieut. Gov. Marsh, selected for the engraver, was
from a carefully written petition dated in 1778, the year in which he be-
came lieutenant governor.
Vindication,"
I have hoped to give in this volume, prefixed to the "
an engraving from what purports to be a portrait of ETHAN ALLEN, by
John Trumbull. It has been deemed best, however, to await the result
of an investigation, undertaken by Hon. Lucius E. Chittenden, as to the
verity of this portrait.
I now submit the first volume with a request that the work may be
thoroughly criticised, and that I may be notified of any error, either in
my own work or in that of others copied in the volume, to the end that
the early history of the State may be made as accurate and complete as
it is possible to make it.
I am respectfully your Excellency's and the State's
Montpelier, Sept. 1, 1873.
Obedient Servant,
E. P. WALTON.
GENERAL CONVENTIONS
IN THE
NEW HAMPSHIRE GRANTS,
FOR THE
INDEPENDENCE, ORGANIZATION, AND DEFENSE
OF THE
STATE OF VERMONT.
JULY 1775-DECEMBER 1777.
GENERAL CONVENTIONS
FROM
JULY 26, 1775, TO DEC. 24, 1777.
FROM the first settlement and organization of the towns in the New
Hampshire Grants, each had by its charter the right of self-government
in March meeting, by the election of town officers and ordering town
affairs. This power was vested in “the inhabitants " by the New Hamp-
shire charters.¹ When, in June 1770. the New York court repudiated
these charters, and the towns west of the Green Mountains had resolved
“to support their rights and property under the New Hampshire grants,
against the usurpation and unjust claims of the governor and council of
New York, by force, as law and justice were denied them,” these towns
appointed Town Committees of Safety, "whose business it was to attend
to their defense and security against the New York claimants. These
Committees afterwards met, from time to time as occasion seemed to
demand, in general convention to consult upon and adopt measures for
their common protection. But to meet new exigencies of the people—
for bearing their part in the war of the revolution, defending their fron-
tiers, raising and officering troops, and also for prosecuting their claims
to independence in Congress by correspondence and agents—GENERAL
CONVENTIONS of a still higher grade were constituted, the first of which
met on the 16th of January, 1776.3 This was called by a "warrant,”
issued Dec. 10, 1775, by a committee apparently appointed for the pur-
¹ Zadock Thompson's Vermont, part 1, p. 224.
* Hiland Hall, in Vermont Historical Society Collections, vol. 1, pp. 4, 5.
Town Committees of Safety were appointed in Cumberland and Glouces-
ter [Windham, Windsor, and Orange] counties in 1774 and 1775, and
these, when met together in each county, constituted the County Com-
mittee of Safety.-SeeAppendix A.
3
The first convention, whose record is inserted in this volume, con-
sisted of "Town Committees," and not of delegates specially and formally
elected by the towns.
4
General Conventions.
pose, (when and by what authority does not appear,) which warned the
inhabitants on the New Hampshire grants "to meet together by their
Delegates from each town,” at the time and place and for the several pur-
poses specifically named. In June, 1776, the inhabitants on the west
side of the Green Mountains were again "warned " in like manner, and
those on the east side, within the nominal jurisdiction of New York,
were "desired," to "meet by their several delegates in General Conven-
tion ;" and from that period the eastern towns began to appear by dele-
gates. In January 1777, a Convention assumed jurisdiction of the
whole territory, and declared it to be a separate, free and independent
jurisdiction or state." These Conventions were formally warned, either
by a committee appointed for the purpose, or by a resolution of a pre-
ceding Convention, or sat on their own adjournments; the delegates.
were appointed by the inhabitants of the several towns; and the re-
solves made in Convention were executed by committees or agents
thereto appointed. This simple machinery stood instead of a formally
constituted state government, and performed all the offices of such an
one as far as was necessary and practicable. One body exercised what-
ever of supreme legislative and executive power the occasion demanded;
but that body was elected by the people, expressed their will, and was
responsible to them. These Conventions established the State, ruled it
for a brief period, and gave to it in due time a constitution. For these
things their records deserve to stand as the first chapter in the govern-
mental history of the state.
March 14-16, 1775, the power of the royal Provincial Congress of New
York was thoroughly broken in eastern Vermont, by the arrest of its
judicial officers at Westminster. April 11, 1775, a General Convention
of committees on the east side of the Green Mountains denounced the
Westminster massacre of March 13, and voted to renounce and resist
the administration of the government of New York, till they could ap-
peal “to the royal wisdom and clemency, and till such time as his Maj-
esty shall settle this controversy."¹ This was the last expression of
loyalty to the king by any representative body in the state. The news
of the collision at Lexington fired the hearts of a majority of the peo-
ple, and on the 10th of May the first heavy blows upon British military
power in America were struck by Allen and Warner at Ticonderoga and
Crown Point. In consideration of these services, the Continental Con-
gress voted, June 23, 1775, to pay "the men who had been employed in
the taking and garrisoning of Crown Point and Ticonderoga ;" and
recommended to the Convention of New York that they, consulting
with Gen. Schuyler, employ in the army to be raised for the defense of
America, those called Green Mountain Boys, under such officers as the
said Green Mountain Boys shall choose." A copy of these resolutions
was given to Allen and Warner. With these, and an official letter from
66
¹See Appendix, A., No. 1.
General Conventions.
5
LO
(C
an
the President of Congress, John Hancock, to the Convention of New
York, they repaired to that body. On the 4th of July, Allen and War-
ner were admitted to the Convention, and that body ordered, that in
consequence of a recommendation from the Continental Congress,
independent body" of troops not exceeding five hundred men, officers
included, be forthwith raised, of those called Green Mountain Boys;
that they elect all their own officers; that Maj. Gen. Schuyler¹ be re-
quested to forward this order," &c. From this action sprang the Gen-
eral Convention which the editor regards as the first in the record of
the government of the State of Vermont. It was indeed a Convention
of Town Committees, with the approval of the only government which
New York then had, but it will be observed that it ignored the authority
of New York, and expressly declared that its action was "in compli-
ance with the orders of Congress," as well as the recommendation of an
officer commissioned by Congress. It assumed to be independent of all
other states, and its function was that of the other states, giving to the
continental army such a contribution as was then most needed from
every state—an efficient military force, which was at once employed in
an attack upon Canada.
¹ Of the continental army, then recently appointed by Congress.
2 Hiland Hall's Early History of Vermont, pp. 208-212; E. Allen's Mss.,
pp. 151–157.
CONVENTION AT DORSET,
JULY 26, 1775.
[From the Vermont Historical Society Collections, Vol. I.]
At a meeting of the committees of the several townships on the New
Hampshire Grants, west of the range of the Green Mountains, convened
at the House of Mr. Cephas Kent, innholder, in the township of Dorset,
July 26, 1775, voted as follows, viz. :
1st. Chose Mr. Nathan Clark Chairman.
2d.
3d.
Chose John Fassett Clerk.
The motion being made and seconded whether the convention
shall prosecute [ proceed] in choosing Field and other Officers, according
to the Provincial Congress and Gen. Schuyler's directions, passed in the
affirmative.
Then proceeded as follows:
4th. Chose Mr. Seth Warner Lieutenant Colonel for the regiment of
Green Mountain Boys by a majority of forty-one to five.
5th. Chose Mr. Samuel Safford Major for said regiment by a majority
of twenty-eight to seventeen.
Then proceeded and chose seven Captains and fourteen Lieutenants,
by a great majority, viz. :
Captains.
[1.] Weight[Wait] Hopkins,
2. Oliver Potter,
3.1 John Grant,
4.1 William Fitch,
[6.] Micah Vail,
5.] Gideon Brownson,
[7.] Heman Allen,
First Lieutenants.
John Fassett, [Jr.]
Ebenezer Allen,
Barnabas Barnum,
David Galusha,
Jellis Blakeley,
Ira Allen,
Second Lieutenants.
John Noble,
James Claghorn,
John Chipman,
Nathan Smith,
Philo Hard,
Jesse Sawyer,
Gideon Warren,
Joshua Stanton.
NATHAN CLARK, Chairman.¹
¹Ethan Allen was a self-nominated candidate against Warner, and was
greatly mortified by his defeat. He charged it to "the old farmers," who
did not incline to go to war;" claimed that he was a favorite with offi-
cers in the army and with the young Green Mountain Boys, and relied
Allen was
upon the Continental Congress to give him a commission.
then in his fortieth year, Warner in his thirty-third; the selection of the
younger of the two heroes was remarkable.-See Early History, pp. 212,
213. Lt. Col. Warner and Major Safford were citizens of Bennington,
Convention at Dorset, July 26, 1775.
7
A copy of the above was sent to Gen. Schuyler with a letter as fol-
lows:
and were each promoted one grade in the continental regiment of 1776.
The officers of the first company were also Bennington men. Wait
Hopkins afterward became Major, and John Fassett, jr., a prominent
man in the state government.
The second company was probably from Poultney and Tinmouth.
Ebenezer Allen resided in Poultney at the time of his appointment, but
removed soon after to Tinmouth, which he represented in several Con-
ventions, beginning in January, 1776. Ebenezer and Ethan Allen's
families were descendants of two brothers, Matthew and Samuel, who
came to New England in 1632.-See Ft. Hist. Mag., vol. 1, p. 607. Eben-
ezer was Major of the Rangers and a brave and successful officer.-
See Early History, p. 452. Feb. 17, 1777, Tinmouth "voted not to raise
money towards Seth Warner's regiment." Having furnished a portion
of the men for continental service, it is presumed the town was of opinion
that Congress should pay them. Lieut. Claghorn will be found herein-
after as Lt. Col. of Vermont militia.
The third company was probably from Addison, Monkton, Middlebury,
and the vicinity. Lieut. Barnum was the first settler of Monkton, and
was killed in defending the block-house at Shelburne, March 12, 1778.—
See Vt. Hist. Mag., vol. I, pp. 65, 860, 878. John Chipman cleared the
first land in Middlebury. He was in active military service for most of
the time from the spring of 1775 till he was taken prisoner at Fort
George in Oct. 1780. He took part in the capture of Fort Ticonderoga,
was at the taking of St. Johns and Montreal, and in the battles of Hub-
bardton, Bennington, and Saratoga. Chipman was "discharged at
Montreal," and was in 1776 again commissioned in Capt. Smith's com-
pany, Warner's regiment. He died in Middlebury in Aug. 1829.—See
Vt. Hist. Mag., vol. 1, pp. 50-51, and Deming's Catalogue, 1851, p. 110.
There are several references to "Capt. Grant," "Lt. Grant," and "Maj.
Grant," but these are not identified as John Grant. One Captain de-
clined service; possibly it was Grant.
The fourth company was probably from Pawlet and Shaftsbury. Capt.
Fitch represented Pawlet in most of the Conventions. David Galusha
was of Shaftsbury. Nathan Smith was probably of Bridport until 1784,
when he settled in Shoreham.-See Swift's Addison County, p. 87; and
Vt. Hist. Mag., vol. 1, p. 94. He was Captain in 1777, and appointed
Major of the 5th regiment May 28, 1778. It is stated that "Major Na-
than Smith" and Benjamin Vaughan first scaled the enemy's breast-work
in Bennington battle; but this was some months before he received the
title of "Major."-See Goodhue's Shoreham, p. 23.
The fifth company was probably from Sunderland and vicinity. Capt.
Brownson of Sunderland served through the war, having been promoted
to the rank of Major in the continental service, and afterward General in
8
General Conventions.
MAY IT PLEASE YOUR HONOR :-In compliance with the orders of
Congress, as well as your recommendation, I enclose the proceedings of
the Vermont Militia. J. A. Graham said: Gen. Brownson "was a vio-
lent politician in the late war; and that as a proof of his valiant con-
duct, he now [1797] carries in his body eighteen pieces of lead, which he
received during that fatal contest."-Graham's Letters, p. 47. No notice
can be found of Lieut. Blakeley. Lieut. Philo Hard, [probably of Ar-
lington,] seems to have joined the enemy.-See order of the Governor
and Council, March, 1778. Gen. Ebenezer Walbridge, of Bennington,
was a Lieut. in Brownson's company in March, 1776, Adj't in the
battle of Bennington, afterwards Col. of militia in service, and Brigadier
General. See Vt. Hist. Mag., vol. 1, p. 172; and Early History, p. 473.
The sixth company seems, from the then residence of the officers, to
have been of Danby, Arlington, and Colchester. Capt. Vail repre-
sented Danby in several of the Conventions. Of Lieut. Ira Allen's em-
inent services to the state notice is not needed. Feb. 10, 1778, Jesse
Sawyer was appointed Captain in Maj. Benj. Wait's regiment, intended.
for an expedition to Canada under Gen. Lafayette. May 28 of the same
year he was ordered by the Gov. and Council to search for inimical per-
sons in towns north of Arlington.
The seventh company probably consisted in part of men from the
northern towns near Onion [Winooski] river, and part from Sunder-
land and vicinity. It is difficult to locate the residence of Capt. He-
man Allen. He was a brother of Ethan, born in Cornwall, Conn., Oct.
15, 1740, died May 18, 1778, of disease contracted in Bennington battle.
He was a member of the Convention of Jan. 16, 1776, and was its agent
to present its petition to Congress; a delegate for Middleborough [Mid-
dlebury] in the Convention of July 24, 1776; a member at large with
Col. Seth Warner in the Convention of Sept. 25, 1776; a delegate for
Rutland in the Convention of Jan. 15, 1777, and for Colchester in the
Convention of June 4, 1777. He served with Warner in the Canada ex-
pedition of 1775, and in July 1777 was appointed a member of the State
Council of Safety.-Ira Allen's Vermont in Vermont Historical Society
Collections, vol. 1, p. 369, 388; Ethan Allen Mss., close of the index.
Lieut. Gideon Warren resided in Sunderland, and was Captain in com-
mand of the men who guarded the frontier, Feb. 7, 1778. May 28, 1778,
he was appointed Colonel of the 5th regiment of Vermont militia. It
appears from a vote of the Gov. and Council of April 30, 1779, that Col.
Warren was wounded in the service, and received from Vermont one
hundred and twenty pounds, advanced on his claim upon the continen-
tal treasury for the allowance made by Congress to wounded officers.
Joshua Stanton resided in Colchester, and he is noticed as a prominent
and useful man.-See the history of Colchester, in the Vt. Historical
Magazine, vol. 1, pp. 761-763.
Convention at Dorset, July 26, 1775.
9
our committee meeting on the New Hampshire Grants, upon due notice
On the 5th of July previous to the Convention, Ethan Allen proposed
to the Provincial Congress of New York the following list of officers for
the regiment of Green Mountain Boys:
Captains.
Ethan Allen, Field Officers.
Seth Warner,
Remember Baker,
Robert Cochran,
Michael Veal, [Micah Vail,]
Peleg Sutherling, [Sunderland,]
Gideon Warren,
Wait Hopkins,
Heman Allen.
Lieutenants.
Ira Allen,
John Grant,
Ebenezer Allen,
David Ives,
Jesse Sawyer.
Levi Allen, Adjutant; Elijah Babcock, Commissary; Jonas Fay, Doctor
& Surgeon.--See Ethan Allen Mss., p. 157; Collection of Historical Mss.
relating to the war of the revolution, in the office of the Secretary of
State, New York, published at Albany in 1868, vol. 1, p. 109. This
was a bitter dose for New York, as Ethan Allen, Seth Warner, Re-
member Baker, Robert Cochran, and Peleg Sunderland were all de-
clared guilty of felony and sentenced to death by the act of New York
of March 9, 1774.-See Slade's Vermont State Papers, pp. 42-54. Most of
the persons in Allen's list were appointed. Of the others, Baker was killed
previous to the Convention, otherwise he would probably have been a
favorite. Ethan Allen received from Congress, 14th May, 1778, a brevet
commission as Lieutenant Colonel, "in reward of his fortitude, firmness
and zeal in the cause of his country;" Cochran joined Elmore's Connecti-
cut regiment in 1775, and the 3d battalion of N. Y. in the continental
army in 1776, rendered brave service as captain, major, and lieutenant
colonel, and died at Sandy Hill, New York, July 3, 1812, and was buried at
Fort Edward, N. Y., near the grave of Jane McRea, who was murdered
by Burgoyne's Indians in 1777. Levi Allen served in the Canada cam-
paign of 1775, but in 1779 he was denounced by Ethan Allen to the Court
of Confiscation in Bennington County as being " of Torey principles," and
his property was confiscated.-See Vt. Hist. Mag., vol. I, pp. 571-574;
Slade's State Papers, 563. "Capt. Peleg Sunderland " appears in the
legislative records. He was "a mighty hunter" of both wild beasts and
tories, and a man of considerable acquirements. Dr. Fay did serve for
a time in Warner's regiment.-See biographical notices in Early His-
tory of Vermont.
In this connection it should be stated that Ethan Allen's disappoint-
ment did not abate one whit of his zeal for his country. He joined
Gen. Schuyler in the capacity of an officer, but without a commission,
and succeeded in raising a body of two hundred and fifty Canadians,
10
General Conventions.
to the towns in general-all which is humbly submitted to your wisdom,
not doubting but the warrants will issue agreeable to our wishes.
We are your most obedient,
In behalf of the committee,
NATHAN CLARK, Chairman.¹
which he commanded. With only about one half of this unreliable
body he attacked Montreal, fought bravely, but was deserted by most of
his men and taken prisoner. Warner in the same campaign was more
cautious and successful. These events justified the wisdom of the
Convention in preferring Warner.-See Early History, pp. 214–218; Ira
Allen's History of Vermont in Vermont Historical Society Collections,
vol. 1, p. 366, text and note.
¹ Journal of New York Congress, July 1, 4, and August 15, 1775.
CONVENTION AT DORSET,
JANUARY 16, 1776.
First printed
[From a manuscript copy in the possession of Hon. JAMES H. PHELPS, of West Townshend,
made by him from an official copy certified by JONAS FAY, clerk.
in Vermont Historical Society Collections, Vol. I.]
WARRANT.
ARLINGTON, 10th Dec'r, 1775.
Whereas, there has been several warrants or notifications sent up the
country for a general meeting on the N. Hampshire Grants to be held
at Mr. Cephas Kent's, in Dorset, on the first Wednesday of January
next, and as it was thought very necessary that Col. Seth Warner with
others should attend the said meeting, and their business being such
that they could not attend at that time:
This is therefore to warn the inhabitants on the said N. Hampshire
Grants west of the range of Green Mountains, to meet together by their
Delegates from each town at the House of Mr. Cephas Kent's in said
Dorset on the sixteenth day of January next, at nine o'clock in the
morning, then and there to act on the following articles, (viz :)
To choose a Moderator or Chairman for said meeting.
1st.
24. To choose Clarks for said meeting.
3d.
To see if the Law of New York shall have free circulation where
it doth [not?] infringe on our properties, or Title of Lands. or Riots (so
called) in defense of the same.¹
4th. To see if the said Convention will come into some proper regu-
lations, or take some method to suppress all schismatic Mobbs that have,
or may arise on said Grants.
5th. To see if they will choose an Agent, or Agents, to send to the
Continental Congress.
6th.
To see whether the Convention will consent to associate with N.
York, or by themselves, in the cause of America.
By order of
MOSES ROBINSON,
SAMUEL ROBINSON,
SETH WARNER,
JEREMIAH CLARK,
MARTIN POWELL,
DANIEL SMITH,
JONATHAN WILLARD,
¹See Vt. Hist. Soc. Coll., vol. II, p. x.
Committee.
12
General Conventions.
N. HAMPSHIRE
GRANTS.
}
DORSET, January 16, 1776.
At a Meeting of the Representatives of the several towns in N. Hamp-
shire Grants, the West side of the Range of Green Mountains, held this
day at the house of Mr. Cephas Kent's, Innholder, in said Dorset: Pro-
ceeded as follows, viz :
1st.
2d.
3d.
Made choice of Capt. Joseph Woodward, Chairman.
Made choice of Doct. Jonas Fay, Clerk.
Made choice of Col. Moses Robinson, Messrs. Samuel McCoon
and Oliver Everts, Assistant Clerks.
4th. Made choice of Messrs. Thomas Ashley, William Marsh, Heman
Allen, Abel Moulton, Moses Robinson, John McLane, Gamaliel Painter,
James Hurd and Joseph Bowker, a Committee to examine and report
their opinion to the Convention, relative to the third article in the war-
rant.
Adjourned to 3 o'clock, P. M.
Met at time and place.
Voted, To make an addition of four persons to the above Committee.
Voted, To reconsider the two last votes, and to discourse the matter
for which they were appointed in publick meeting.
Voted, That the paper with a number of signers exhibited to this Con-
vention relative to Capt. Bowker's character, be ordered to lay on the
table, till further order.
Voted, That two persons from each Town in the Grants (who are
present) be allowed to vote in this Meeting, and no more.
Adjourned to 8 o'clock to-morrow morning.
January 17, 1776.—Met at time and place.
Made choice of Capt. Heman Allen, Capt. Joseph Bowker, Col. Moses
Robinson, John McLane, and Col. Timothy Brownson as a Committee
to report their opinion relative to the number of Committee men each
Town in the Grants shall be allowed.
REPORT OF THE FOREGOING SUB-COMMITTEE.
Your Committee beg leave to report as their opinion, that the several
Towns in the Grants hereafter named, be allowed the number of Mem-
bers set against the name of each town, and that each other inhabited
town in the said Grants be allowed one, or more or less votes in propor-
tion to the number such deputed Member or Members shall represent.
No. votes allowed. | Towns' Names.
No. votes allowed.
4
Towns' Names.
Pownall,
Bennington,
4
7
Clarendon,
Rutland,
Shaftsbury,
4
Pittsford,
Arlington,
3
Rupert,
Sunderland,
2
Pawlet,
Manchester,
4
Wells,
Dorset,
2
Poultney,
Danbee,
3
Castleton,
Tinmouth,
2
+3NN THE
2
2
1
1
2
2
A true Copy, Examined,
Neshobee, [or Brandon,] 1
JOSEPH BOWKER, Chairman Sub-Committee.
By JONAS FAY, Clerk.
Convention at Dorset, Jan. 16, 1776.
13
The above report being read was voted and accepted Nem. Con.
Voted, To represent the particular case of the Inhabitants of the N.
Hampshire Grants to the honorable the Continental Congress by Re-
monstrance and Petition.
Voted, That Lt. James Breakenridge, Capt. Heman Allen and Doct.
Jonas Fay be, and they are hereby appointed to prefer said petition.
Voted, That Doct. Jonas Fay, Col. Wm. Marsh and Mr. Thomas Row-
ley be a Committee with the above delegates to prepare the said Remon-
strance and Petition.¹
Voted, Nem. Con., to pay the above agents their Reasonable costs for
their services on their return and exhibiting their accounts.
Voted, Messrs. Simeon Hathaway, Elijah Dewey, and James Break-
enridge, [of Bennington,] or either two of them, be and are hereby ap-
pointed a Committee with power to warn a General Meeting of the Com-
mittees on the Grants when they shall judge necessary from Southern
intelligence.
And that Col. John Strong, Zadock Everest and Asahel Ward, [ of
Addison,] be a like Committee with like power of warning such Gen-
eral Meeting of Committees in the Grants when they shall judge nec-
essary from northern intelligence.
Voted, That the several Committees of Correspondence continue their
duty as usual.²
Lastly voted to Dissolve the Meeting.
Errors excepted.
True Copy examined.
pr JOSEPH WOODWARD, Chairman.
pr JONAS FAY, Clerk.
Cash received for the purpose of Defraying the charges of the Dele-
gates appointed to attend Congress.
Poultney...
•
Pittsford..
Rupert...
Received pr.
JONAS FAX, Clerk.
L. M.
0- 6-4
0-6-0
0-10-1
£1-2-5
¹The Remonstrance and Petition, thus ordered, was reported and
adopted by this Convention, and that part of the proceedings is quoted
in full in the record of the Convention of July 24, 1776, following.
2 This is the first allusion in the record of any General Convention,
that has been preserved, of Committees of Correspondence. The infer-
ence is that Conventions were held of which we have no record. Prob-
ably the committee that warned this meeting was appointed and author-
ized by a previous Convention.
t
CONVENTION AT DORSET,
JULY 24, 1776.
JAMES H.
[From the manuscript copy of the HON. JA CollectELPS, as published in the Vermont His-
torical Society vol. I.]
WARRANT.
24th June, 1776.
These are to warn the several Inhabitants of the N. Hampshire Grants
on the West side, and to desire those on the east side the Range of
Green Mountains, That they meet by their several delegates in General
Convention, to be held at the dwelling House of Mr. Cephas Kent, inn-
holder in Dorset, on Wednesday, the twenty-fourth day of July next at
8 o'clock in the forenoon, to act on the following articles, (viz :)—
1st. To choose a Moderator, and secondly a Clerk for said Conven-
tion.
3d. To receive the report of Capt. Heman Allen from the Continental
Congress, he having been previously appointed to transact business in
behalf of the inhabitants of said Grants.
4th. To know the minds of the Convention, relative to their associat-
ing with the province of N. Hampshire.
5th In case the last article be objected to: Whether said Convention
will agree to an association (not repugnant to that of the Continental
Congress) and subscribe thereto, to do duty in conjunction with the Con-
tinental Troops (only) as Members of the District of Land which they
inhabit.
6th. To see if said Convention will earnestly recommend it to the sev-
eral Field Officers heretofore nominated on said Grants, to see that their
men be forthwith furnished with suitable arms, ammunition and accout-
rements, &c., agreeable to a resolve of the honble the Continental Con-
gress.
7th. To see if said Convention will make preparation, and settle
with Capt Heman Allen for his expenses and services for the publick.
And 8th. to transact any other business that shall be thought necessary
and in the power of Sa Convention for the safety of the liberties of the
Colonies in General and the N. Hampshire Grants in particular.
JAMES BREAKENRIDGE,
SIMEON HATHAWAY,
Committee Appointed.
ELIJAH DEWEY,
Copy examined,
pr JONAS FAY, Clerk.
Convention at Dorset, July 24, 1776.
15
ton,
Shafts-
bury,
Sunder-
land,
DORSET, July 24th, 1776.
In consequence of the foregoing Warrant, the following persons, being
Delegated, met at this place to transact the business of Sd warning,
(viz :)
Towns' Names.
Delegates' Names.
Pownall, Capt. Sam'l Wright.
Simeon Hathaway,
Benning-Jonas Fay,
Jno. Burnam, Jr.
Maj. Jeremiah Clark,
Mr. John Burnam.
{Joseph Bradley.
Towns' Names.
Hines-
Delegates' Names.
burgh & Isaac Lawrence.
Monkton,
Neshobee
[or
John Mott.
Brandon,]
Aaron Parsons,
Pitts-
Jona. Rowley,
ford,
Jonathan Fassett.
Col. Wm. Marsh,¹
1
Man-
Lt. Martin Powell,
chester,
Gideon Ormsby.
John Manley,
Asa Johnson,
Rutland, Joseph Bowker.
Clarendon, Thomas Braten.
Dorset,
Abr'm Underhill.
No. Wal-
Matthew Lyon,
Reuben Harmon,
lingford,
Abr'm Jackson.
Rupert,
Amos Curtis.
Tin-
SEben'r Allen,
Capt. Wm. Fitch,
Pawlet,
Maj. Roger Rose.
Daniel Culver,
Wells,
Ogden Mallory.
Poult-
Nehemiah Howe,
ney,
William Ward.
Castle-
Ephraim Buel,
ton,
Jesse Belknap.
Hubber-
ton,
{Benja. Hitchcock.
Williston, Col. Thos. Chittenden.
Jerico, Brown Chamberlain.
Colchester, Ira Allen.
Middle-
Stephen Royce.
Capt. Micah Veal, [Vail,]
William Gage.
Capt. Samuel Fletcher,
Josiah Fish.²
borough, Capt. Heman Allen,
Bridport, Samuel Benton.
Sudbury, John Gage.
Addison, Col. John Strong.
Cornwall, James Bentley.
Burling- Lemuel Bradley.
ton,
{
Stamford, Thomas Morgan.
Voted, Unanimously, that the above persons be admitted as legal mem-
bers of this Convention.
mouth,
Danbee,
{
Towns-
hend,
Copy examined.
pr JONAS FAY, Clerk.
PROCEEDED—(VIZ.)
Chose Capt. Joseph Bowker, Chairman.
Chose Doct. Jonas Fay, Clerk.
After which on a motion being made and agreed to by the House the
Clerk proceeded to read the following Address, Remonstrance and Peti-
tion of the Inhabitants of the N. Hampshire Grants to the honorable the
¹ See note on p. 22, post.
* Messrs. Fletcher and Fish were the first Delegates in General Con-
vention from eastern Vermont.
16
General Conventions.
Continental Congress, which was exhibited to that board by Capt.
Heman Allen in the latter part of the month of April, or in the begin-
ning of the month of May, A. D. 1776, (viz.)
"To the Honorable John Hancock, Esq'r., President of the honorable the
Continental Congress, &c., &c., now assembled at Philadelphia
“The Humble Address, Remonstrance and Petition of that part of
America being situated south of Canada line, West of Connecticut River,
North of the Massachusetts Bay, and East of a twenty mile line from
Hudson's River, commonly called and known by the name of the N.
Hampshire Grants,-Humbly Sheweth,
"That your honor's Petitioners being fully sensible and duly affected
with the very alarming situation in which the united colonies are involv-
ed, by means of a designing Ministry, who have flagrantly used, and are
still using their utmost efforts to bring the inhabitants of this very ex-
tensive continent of America, into a base and servile subjection to
Arbitrary Power; Contrary to all the most sacred ties of Obligation by
Covenant, and the well known Constitution by which the British Empire
ought to be governed; your Petitioners, not to be prolix or waste Time,
when the whole Continent are in so disagreeable situation, would how-
ever beg leave to Remonstrate in as short terms as possible the very
peculiar situation in which your petitioners have for a series of years
been exercised, and are still struggling under.
(C
Perhaps your honors, or at least some of you, are not unacquainted,
that at the conclusion of the last War, the above described premises,
which your petitioners now inhabit, was deemed and reputed to be in
the province of New-Hampshire, and consequently within the jurisdic-
tion of the same. Whereupon applications were freely made to Benning
Wentworth, Esq., the then Governor of the province of N. Hampshire,
who, with the advice of his council, did grant under the Great Seal of
said province to your honors' Petitioners a large number of Townships
of the contents of six miles square each, in consequence of which a great
number of your petitioners, who were men of considerable substance,
disposed of their interests in their native places, and with their numer-
ous families proceeded many of them two hundred miles, encountering
many Dangers, Fatigues and great Hardships to inhabit a desolate
Wilderness, which has now become a well-settled frontier to three
Governments. This was not all our Trouble, for soon after the com-
mencement of those Settlements, the Monopolizing Land Traders of
New-York, being apprised that the province of New-Hampshire had
granted the said Lands, and that settlements were actually making, did
present a petition (as we have often heard and verily believe) in your
Petitioners' names, praying that his Majesty would annex the said lands
granted by the authority of N. Hampshire to N. York on account of its
local and other circumstances for the benefit of the inhabitants.
"Your petitioners not being apprized of the intrigue (in this case)
were mute, therefore as no objection was made why the prayer of the
petition should not be granted, his Majesty was pleased with the advice
of his Council on the 20th day of July, A. D. 1764, to grant the same,
immediately after which the Land Traders of N. York Petitioned the
then Governor of that Province for grants of Land, some part of which
had been previously granted to your petitioners by the Governor and
Council of N. Hampshire. The dispute then became serious, and your
Petitioners then petitioned his Majesty for Relief in the Premises. His
Majesty was pleased to appoint a Committee, who reported to his Majesty
in the premises, and his Majesty was pleased to pass an order in the fol-
lowing words (viz.):—
Convention at Dorset, July 24, 1776.
17
"At a Court at Saint James's the 24th day of July, 1767.
“ · PRESENT :
"The King's Most Excellent Majesty.
Lord Chancellor.
The Archbishop of Canterbury.
Duke of Queensborough.
Duke of Ancarter.
Lord Chamberlain.
Earl of Litchfield.
Earl of Bristol.
Earl of Shelburn.
Viscount Falmouth.
Viscount Barrington.
Viscount Clark.
Bishop of London.
Mr. Sec'y Conway.
Thom's Stanley, Esq.
"His Majesty taking the said Report into consideration was pleased
with the advice of his Privy Council to approve thereof and doth hereby
strictly charge, require and command, that the Governor or Commander-
in-Chief of his Majesty's Province of New York for the time being, do
not upon pain of his Majesty's highest displeasure presume to make any
grant whatsoever of any part of the Land described in said Report until
his Majesty's further pleasure shall be known concerning the same.
"WILLIAM SHARPE.
“A true Copy, Attest, G'w. BANYAR, Dept’y Sec'y.'"
"The many intervening and unhappy disputes which since have hap-
pened between those Land Traders of New York and your Petitioners
would take up too much time under the present situation of Public Af-
fairs to recite, as Capt. Heman Allen and Doct'r Jonas Fay who we have
appointed to present this to your honors will be furnished therewith
should they find your honors' admittance, and such particulars be thought
necessary. Let it suffice here only to mention that the oppressions
from those overgrown land Traders were so grievous that your Petition-
ers were again induced, at a great expense, to petition his Majesty; in
consequence of which a Committee was appointed and made a report in
favor of your Petitioners, which is too prolix to be inserted here.
"We are called on this moment by the Committee of Safety for the
County of Albany to suppress a dangerous insurrection in Tryon
County. Upwards of ninety soldiers were on their march within twelve
hours after receiving the news, all inhabitants of one town inhabited by
your petitioners, and all furnished with arms, ammunition, accoutre-
ments, provisions, &c. Again we are alarmed by express from General
Wooster commanding at Montreal, with the disagreeable news of the
unfortunate attack on Quebec, (unfortunate indeed to lose so brave a
commander,) requiring our immediate assistance by Troops; in conse-
quence of which a considerable number immediately marched for Que-
1
¹ Dec. 24, 1786, John Munro [of Shaftsbury] wrote to James Duane that
he had been to England to get compensation for loss of his property;
that in Sept. 1785 the commissioners awarded him a pitiful sum, having
made large deductions from his claim; and he declared that we discov-
ered that the deduction was owing to the New Hampshire claims covering
the most part of my property." Thus the important fact appears, that,
eighteen years after the above order of the king in council, and when the
controversy between Vermont and New York was fully understood, the
validity of the New Hampshire Grants was affirmed by the British board
which had jurisdiction of land titles in America.-E. Allen Mss., pp.
415-419; Early History of Vermont, p. 466.
3
18
General Conventions.
Bec, and more are daily following their example.' Yet while we your
Petitioners are thus earnestly engaged, we beg leave to say that we are
entirely willing to do all in our Power in the General Cause, under the
Continental Congress, and have been ever since the taking Ticonderoga,
&c., in which your petitioners were principally active, under the com-
mand of Col. Ethan Allen, but are not willing to put ourselves under the
honorable provincial Congress of New York in such manner as might
in future be detrimental to our private property; as the oath to be ad-
ministered to those, who are, or shall be entrusted with commnissions
from said Congress, and the Association, agreed upon by the same au-
thority, together with some particular restrictions and orders for regu-
lating the Militia of said province, if conformed to by the inhabitants of
the said N. Hampshire Grants, will (as we apprehend) be detrimental to
your petitioners, in the determination of the dispute now subsisting be-
tween your said Petitioners and certain claimants under said province
of New York. And that your Petitioners' ardent desires of exerting
themselves in the present struggle for freedom may not be restrained,
¹ HILAND HALL has vividly stated the urgency of the demand upon
the Green Mountain Boys in this emergency, and the promptitude and
vigor of their response:
By the sudden death of Montgomery, the command in Canada de-
volved on Gen. Wooster. He had been left at Montreal in charge of the
troops at that place and its vicinity, and he immediately made every
effort to obtain reinforcements from the colonies. On the 6th of Jan.
1776, he wrote to Col. Warner for aid in the most pressing terms. The
following are extracts from his letter. After giving a general account
of the misfortune at Quebec, he says:
"I have not time to give you all
the particulars, but this much will show you that in consequence of this
defeat our present prospect in this country is rendered very dubious, and
unless we can be quickly re-enforced, perhaps they may be fatal, not
only to us who are stationed here, but also to the colonies in general; as
in my opinion the safety of the colonies, especially the frontiers, very
greatly, depends upon keeping possession of this country. I have sent
an express to Gen. Schuyler, General Washington and the Congress, but
you know how far they have to go, and that it is very uncertain how long
it will be before we can have relief from them. You, sir, and the valiant
Green Mountain corps, are in our neighborhood. You all have arms,
and I am confident ever stand ready to lend a helping hand to your
brethren in distress, therefore let me beg you to raise as many men as
you can, and somehow get into the country and stay with us till we can
have relief from the colonies. You will see that proper officers are ap-
pointed under you, and both officers and privates will have the same pay
as the continental troops. It will be well for your men to set out as soon
as they can be collected. It is not so much matter whether together or
not, but let them be sent on by tens, twenties, thirties, forties or fifties,
as fast as they can be collected. It will have a good effect upon the Can-
adians to see succor coming on. You will be good enough to send copies
of this letter or such parts of it as you think proper to the people below
you. I can but hope the people will make a push to get into this coun-
try, and I am confident I shall see you here with your men in a very
short time." Gen. Wooster was not disappointed. He did see War-
ner in Canada "in a very short time." Their promptness and alacrity
on this alarming occasion elicited the notice and approval of both Wash-
ington and Schuyler.-Early History, pp. 219, 220.
Convention at Dorset, July 24, 1776.
19
and that we might engage in the Glorious Cause, without fear of giving
our opponents any advantage in the said Land dispute, which we would
wish to have lie Dormant, until a general restoration of Tranquility
shall allow us the opportunity for an equitable decision of the same.
Another reason that much hinders us from joining New York hand
in hand in the General Cause, is, they will not own us in our property,
but on the contrary the Judges of their Supreme Court have expressly
declared the Charters, Conveyances, &c., of your Petitioners' Lands to
be null and void.
"Therefore we your honors' humble Petitioners most earnestly pray
your Honors to take our cause into your wise consideration, and order
that for the future your petitioners shall do Duty in the Continental ser-
vice (if required) as inhabitants of said New Hampshire Grants, and not
as inhabitants of the province of New York, or subject to the Limita-
tions, restrictions or regulations of the Militia of said province, and that
commissions, as your honors shall judge meet, be granted accordingly,
and as in Duty bound, your honors' Petitioners shall ever pray.
"At a meeting of the representatives of the different Towns on the
N. Hampshire Grants legally warned and convened at the house of Mr.
Cephas Kent's, innholder in Dorset, on the 16th day of January, A. D.
1776:
Captain JOSEPH WOODWARD, Chairman.
Doct'r JONAS FAY, Clerk.
“This meeting after due consideration agreed to prefer to the honor-
able the Continental Congress a humble Petition setting forth the pecul-
iar circumstances of this part of the Country. Accordingly a Commit-
tee was appointed to draw up the same, who drew up the foregoing and
reported it to the house in the evening, and the Clerk read the same in
his place, and afterwards delivered it´in at the Table; the House then
adjourned till to-morrow 9 o'clock.
January 17th. Met according to adjournment.
"The said Petition being a second time read was agreed to by the
whole house, then Lieutenant James Breakenridge and Captain Heman
Allen was nominated to prefer the said petition, a vote was called and
passed in the affirmative, Nem. Con.-then Doctor Jonas Fay was nom-
inated and a vote called passed in the affirmative, Nem. Con.·
66
Attest, JONAS FAY, Clerk.
"JOSEPH WOODWARD, Chairman.
"A true copy from the original.
"Errors excepted.
pr JONAS FAX, Committee Appointed.”
IRA ALLEN,
Captain Heman Allen, appointed to prefer the foregoing to the honor-
able the Continental Congress, being present, and a motion being made
and seconded, Reported to the Convention as follows, (viz.:)
That in consequence of his appointment, for that purpose, he had de-
livered the said foregoing Remonstrance, Address and Petition to the
honorable John Hancock, Esqr., the President of Congress then sitting
at Philadelphia, and that by the directions of the honorable House it was
read in his place at the Board by the Secretary.
That the delegates from the province of New York endeavored to
oppose the said petition, but that it was entered on file and ordered to
lie on the table for further consideration.
That on the advice of several gentlemen, he made a motion to with-
draw the said petition, that the Delegates from New York should not
¹The sentence is imperfect. Instead of "which we would wish," &c.,
read--we would wish to have it [the dispute] lie dormant, &c.
20
General Conventions.
have it in their power to bring the matter to a final decision at a time
when the Convention in the Grants had no proper Delegate in the
House; that in consequence thereof the Motion was entered on the Min-
utes, the Petition not being ready at hand at that time.¹
That he had many private conferences with sundry members of Con-
gress and other Gentlemen of distinction relating to the particular cir-
cumstances and situation of the New Hampshire Grants, who did seve-
rally earnestly recommend that the inhabitants of said Grants exert
themselves to their utmost abilities to repel, by force, the Hostile inva-
sions of the British fleets and armies against the colonies of America,
and that said Inhabitants do not by any way or means whatsoever con-
nect or associate with the honorable Provincial Congress of New York,
or any authority derived from, by, or under them, directly or indirectly,
but that the said inhabitants do forthwith consult suitable measures to
associate and unite the whole of the Inhabitants of said Grants together."
PROCEEDED-VIZ.
This Convention being fully sensible that the importance of the busi-
ness which occasions their meeting at this time requires the most seri-
ous deliberation, are therefore disposed to make the following votes-
(viz. :)
1st. That not more than one person be allowed to speak at the same
time, and only by leave of the Chairman.
2d. That the business of the meeting be closely attended to, and that
the several articles contained in the Warrant for this Meeting be seve-
rally followed in course, (except otherwise overruled.)
3d. Voted to pass over the fourth, fifth and sixth articles of the War-
rant till to-morrow at ten o'clock at this place.
3d. Voted, Col. William Marsh, Col. Thomas Chittenden, John Bur-
nam, Junr., Capt. Micah Veal [Vail,] and Lieut. Joseph Bradley, be a
Committee to examine the account of Capt. Heman Allen for his service
for the Publick, and report their opinion thereon to this Convention 9
o'clock to-morrow morning.
Adjourned to 7 o'clock to-morrow morning at this place.
Meeting opened at time and place.
Proceeded to the consideration of the fourth article of the Warrant,
and after due consideration it was dismissed.
Proceeded to the consideration of the fifth article of the Warrant, and
Resolved, That application be made to the inhabitants of said Grants
to form the same into a separate District [or State.]
Dissentients only one.
Proceeded to the consideration of the sixth article of the Warrant,
and
¹See Vt. Hist. Soc. Collections, vol. II, “Additions and Corrections,"
pp. xiv, xv.
2 The following are the resolutions of Congress :
The Committee, to whom the petition, address, and remonstrance of
persons inhabiting that part of America, which is commonly called and
known by the name of the New-Hampshire grants, was referred, have
examined the matter thereof, and come to the following resolution there-
upon:
Resolved, That it is the opinion of this Committee, that it be recom-
mended to the petitioners, for the present, to submit to the government
Convention at Dorset, July 24, 1776.
.21
Voted, To recommend it accordingly.
Voted, To choose a Committee to treat with the Inhabitants of the
New Hampshire Grants on the East side of the range of Green Moun-
tains, relative to their associating with this Body.
Voted, That Capt. Heman Allen, Col. William Marsh, and Doct. Jo-
nas Fay, in conjunction with Capt. Samuel Fletcher and Mr. Joshua
Fish, be a Committee to exhibit the proceedings of this Convention, to
said inhabitants, and to do the Business as above.
Voted, Doct. Jonas Fay, Col. Thomas Chittenden, and Lieut. Ira
Allen a Committee to prepare instructions for the above said Committee.
Voted, That Col. Seth Warner and Col. Thomas Chittenden be a Com-
mittee to present a Petition to the General and Commander-in-Chief of
the Northern Department, requesting his assistance in Guarding the
Frontiers to the Northward on the said New Hampshire Grants.
Voted, That Doct. Jonas Fay and Col. William Marsh be a Committee
to prepare the above petition.
Adjourned one hour.
The meeting opened at time and place.
Proceeded to the consideration of the following Association, (viz.:)
This Convention being fully sensible that it is the Will and Pleasure
of the honorable the Continental Congress, that every honest Friend to
the Liberties of America, in the several United States thereof, should
subscribe an Association, binding themselves as Members of some Body
or Community to stand in the defence of those Liberties; and Whereas
it has been the usual custom for individuals to associate with the Colony
or State which they are reputed members of: Yet nevertheless the long
and spirited Conflict, which has for many years subsisted between the
Colony or State of New York, and the inhabitants of that District of
Land, Commonly Called and known by the name of the New Hamp-
shire Grants, relative to the title of the Land on said District, renders it
inconvenient in many respects to associate with that Province or State,
which has hitherto been the sole reason of our not subscribing an Asso-
ciation before this.
The better therefore to convince the Publick of our readiness to join
in the common Defence of the aforesaid Liberties, We do Publish and
Subscribe the following Association, (viz. :)
We the subscribers inhabitants of that District of Land, commonly
called and known by the name of the New Hampshire Grants, do volun-
tarily and Solemnly Engage under all the ties held sacred amongst Man-
kind at the Risque of our Lives and fortunes to Defend, by arms, the
of New-York, and contribute their assistance, with their countrymen, in
the contest between Great-Britain and the United Colonies; but that
such submission ought not to prejudice the right of them or others to the
lands in controversy, or any part of them; nor be construed to affirm or
admit the jurisdiction of New-York in and over that country; and when
the present troubles are at an end, the final determination of their right
may be mutually referred to proper judges.
In Congress, June 4th, 1776.
Resolved, That captain Herman [Heman] Allen have leave to with-
draw the petition by him delivered, in behalf of the inhabitants of the
New-Hampshire grants, he representing that he has left at home some pa-
pers and vouchers necessary to support the allegations therein contained.
Extracts from the minutes,
THOS. EDSON, for
CHAS. THOMPSON, Sec.
-See Slade's State Papers, pp. 64, 65; Journal of Congress, June 4, 1776,
vol. II, p. 190.
22
General Conventions.
United American States against the Hostile attempts of the British
Fleets and Armies, until the present unhappy Controversy between the
two Countries shall be settled.
SIGNERS' NAMES-VIZ.
Joseph Bowker,
Thomas Chittenden,
William Gage,
John Manley,
Daniel Culver,
Reuben Harmon,
John Burnam,
John Strong,
Simeon Hathaway,
Jeremiah Clark,
Joseph Bradley,
Seth Warner,
William Marsh,'
Lemuel Bradley,
John Gage,
¹ Went over to the enemy after signing the above.-E. Allen Mss., p.
240. And fled to Canada, leaving his family in Dorset.-- Vt. Hist. Mag.,
vol. I, p. 184. His property was confiscated, and his return to the State
was forbidden by the following act, which was passed Feb. 26, 1779, and
continued in force until Nov. 8, 1780 :
AN ACT to prevent the return to this State, of certain persons therein
named, and others who have left this State or either of the United
States, and joined the enemies thereof.
Whereas [here follow one hundred and eight names] and many other
persons, have voluntarily left this State, or some of the United States of
America, and joined the enemies thereof, thereby not only depriving
these States of their personal services, at a time when they ought to
have afforded their utmost aid in defending the said States against the
invasions of a cruel enemy, but manifesting an inimical disposition to
said States, and a design to aid and abet the enemies thereof, in their
wicked purposes :
And whereas many mischiefs may accrue to this, and the United
States, if such persons should again be admitted to reside in this State :
Be it enacted, &c., that if the said, [here the names are repeated,] or
any of the before mentioned persons, or either of them, or any other
person or persons, though not specially named in this act, who have vol-
untarily left this State, or either of the United States, and joined the
enemies thereof, as aforesaid, shall, after the passing of this act, volun-
tarily return to this State, it shall be the duty of the sheriff of the
county, his deputy, the constable, select-men or grand jurors of the town
where such person or persons may presume to come, and they are
hereby respectively impowered and directed, to apprehend and carry
such person or persons before an assistant or justice of the peace; who
is hereby required to call to his assistance one or more assistants or jus-
tices of the peace, who are hereby directed to give their attendance, ac-
cording to such requisition; and if, upon examination into the matter,
the said justices shall find that the person brought before them is any
one of the before described persons, they shall order him to be whipped
on the naked back, not more than forty, nor less than twenty stripes ;
which punishment shall be inflicted, and the delinquent shall be ordered
to quit this State, immediately.
Be it further enacted, that if any person shall continue in this State,
one month, or shall presume to come again into this State, after such
conviction, (without liberty first had and obtained therefor, from the
Governor, Council, and General Assembly,) and be convicted thereof,
before the superior court of this State, he shall be put to death.
Be it further enacted, that if any person shall, willingly or wilfully,
harbor or conceal any of the persons above named or described, after
their return to this State, contrary to the design of this act; such per-
Convention at Dorset, July 24, 1776.
23
Abraham Jackson,
Samuel Wright,
Samuel Benton,
Jesse Belknap,
Abraham Underhill,
William Ward,
James Bentle,
Gideon Ormsby,
Stephen Royce,
Amos Curtis,
Ira Allen,
Nehemiah Howe,
Asa Johnson,
Brown Chamberlain,
Ephraim Buell,
Ebenezer Allen,
Benjamin Hicock,
Isaac Lawrence,
John Mott,
Jonathan Rowlee,
Jona. Fassett,
Aaron Parsons,
Matthew Lyon,
William Fitch,
EXP
Thomas Morgan,
Heman Allen.
John Burnam, Jr.,
Micah Veal, [Vail,]
Ogden Mallery,
Jonas Fay,
Martin Powell,
Roger Rose,
Samuel Fletcher,
Josiah Fish.
The above are the names of the Delegates. Thomas Braten, of Clar-
endon, the only Dissentient.
Resolved, That it be, and it is hereby recommended to the several in-
habitants on the New Hampshire Grants (who are friends to the liber-
ties of the United States of America) that they subscribe the Associa-
tion agreed on, and signed by the several Members of this Convention,
and return the same to the Clerk thereof as soon as may be.
son, so offending, shall, on conviction thereof before the superior court,
forfeit and pay the sum of five hundred pounds; two thirds thereof to
the use of this State, the other third to the use of him or them who
shall prosecute the same to effect.-Ms. record of Laws, vol. 1, in Sec-
retary of State's office; Slade's State Papers, p. 355.
The second section of this stringent, but undoubtedly necessary act,
implies that in this bad company were some good men whose return to
the state ultimately would be desirable; of these Col. Marsh was one.
He was not a Tory, and he had been an efficient friend of the new state;
but when the splendidly equipped army of Burgoyne swept along the
western border, and a part of it was reported to be advancing on the
military road from Mount Independence to Castleton, and on through
the most thickly settled portion of the territory to the valley of Connec-
ticut river, Vermont was unorganized; it had no government but a coun-
cil of twelve men just appointed, and among them was a Judas; they
were without a regular corps of officers to execute their orders in the
raising of troops-without a treasury, or a dollar of money beyond what
they had in their pockets for current expenses. Col. Marsh was there-
fore panic-stricken. He himself hastened, with other disheartened
Whigs and a greater number of avowed Tories, to seek refuge in Can-
ada, and his wife, who feared no personal injury, remained to secure her
most valuable goods as well as she could, filling her brass kettle with her
pewter ware and silver spoons, and sinking them in a pond near her
dwelling-so perfectly safe that she never recovered them.-Vt. Hist.
Mag., vol. 1, p. 184. Col. Marsh, however, returned, and was permitted
to remain. His son, Johnson Marsh, represented Dorset in the General
Assembly of 1825. The case of Daniel Marsh of Clarendon was similar.
He, too, was included in the act of Feb. 26, 1779, but he returned and
represented his town in the General Assembly from 1784 to 1788-9, five
years.
24
General Conventions.
Resolved, Unanimously, That any person or persons inhabitants of
the New Hampshire Grants that shall in future subscribe and return an
Association to any the Committee or Committees of Safety for either of
the Counties in the province of N. York, or to the provincial Congress
thereof, otherwise than the Association contained in these Records and
subscribed by the several Delegates of this Convention, shall be deemed
enemies to the Common Cause of the N. Hampshire Grants.¹
'These were the first formal proceedings in Convention for the evident
purpose of severing the connection of eastern Vermont with New York,
and of uniting the eastern and western towns in a common league for
prosecuting the war for national independence. A common league
meant common action, and necessarily implied ultimately a supervisory
and executive body of some sort having jurisdiction over the whole ter-
ritory. Of course the real purpose was covered by article five of the
warning, which was interpreted by the vote thereon, "that application
be made to the inhabitants of said Grants [i. e., of the whole territory
covered by New Hampshire when it granted the charters,] to form the
same into a separate District." The editor has suggested the addition
of the words or State, because that was the interpretation put upon this
vote by the same Convention at the adjourned session of Sept. 25 follow-
ing, and finally by another adjourned session, Jan. 17, 1777, when it de-
clared "the district or territory," &c., "is hereby declared forever here-
after to be considered as a separate, free and independent jurisdiction or
state." By extending the proposition to the eastern towns in the form
of an appeal to their patriotism, the Convention adopted the form most
likely to be popular-at least most likely to attract the ardent eastern
Whigs to the projected new state. It is to be observed also that this
was the first Convention at which an eastern town was represented.
Townshend is entitled to that honor, as well as to the honor of sending
one of the ablest, bravest, and best citizens of the state in his day-Maj.
Gen. SAMUEL FLETCHER. The delegates of that town were of the com-
mittee appointed to submit the proposition to the inhabitants of the east-
ern towns. The western members of this committee worked with effect,
for which doubtless the eastern members had in some degree prepared the
way, the result being that ten other eastern towns were represented in the
Convention at the adjourned sitting of Sept. 25. The Convention ad-
journed on the 25th of July, and on the 6th of August Heman Allen,
Jonas Fay, and William Marsh attended a joint meeting of the Commit-
tees of Safety of Cumberland and Gloucester counties, assembled at
Windsor. Of their work there and the results, B. H. HALL has given
the following succinct account :
Various papers were read by them bearing upon the subject of a sep-
arate jurisdiction; the boundaries of a new state were described; and
the approbation of the committees was sought to the projects of the
Dorset convention. In support of the proposed measures Mr. Allen
told Mr. Clay [James Clay, chairman of the Cumberland County Commit-
tee of Safety,] that he had consulted with several members of the Conti-
Convention at Dorset, July 24, 1776.
25
Resolved, That nine persons be chosen as a Committee of Appeals,
who are to hear and determine such matters as may be properly exhibit-
nental Congress who had recommended to him and his coadjutors to
ascertain the feelings of the people concerning the formation of a new
state. He also reminded him, that if the inhabitants of the
"Grants
should accede to the form of government which would soon be adopted
for the state of New York, they would have no opportunity to withdraw
their support therefrom at a future day.
""
For the purpose of ascertaining the views of those residing east of the
Green mountains, upon the measures suggested by the committee from
the Dorset convention, the people in each town were invited to assemble
in town-meeting and express their opinion as to the course which they
should deem it best to pursue. In Rockingham, on the 26th of August,
the inhabitants voted to associate with the inhabitants of that district
of land commonly called and known by the name of the New Hampshire
Grants." They also chose two delegates to attend the convention to be
held at Dorset in the fall, and instructed them "to use their best influ-
ence to obtain the passage of such resolves as would tend to establish
the "Grants" as a separate and independent state. At "the fullest
meeting ever known in Chester," held on the 2d of September, similar
measures were adopted, and the association, which had been formed at
the Dorset convention, was signed by forty-two of the inhabitants.* A
like spirit pervaded many of the other towns in the two counties. In
some, however, there were two parties, and in a few, as in Halifax, where
the inhabitants voted not to send a delegate to meet the Green Moun-
tain Boys," no disposition was shown to throw off the jurisdiction of
New York.
(i
At the adjourned convention, which was held at Dorset on the 25th of
September, representatives were present from both sides of the moun-
tains. Loyalty to American principles, as embodied in the Revolution,
animated the discussions which took place, and gave character to the
measures which were proposed. Yet, while declaring their determina-
tion to support the general government of the United States, the mem-
bers resolved that "no law or laws, direction or directions" from the
state of New York would be accepted by them, or be regarded by them,
as of the least weight or authority. The little leaven of dissatisfaction
had worked its effect in silence, and the whole lump was fast becoming
assimilated.
And again:
Before the resolutions of the [New York] Convention concerning Cum-
berland county had passed, [in October,] James Clay, by the advice of Col.
Williams, one of the former deputies, had issued circular letters contain-
ing a request that the people of each town would assemble and make
known their intentions relative to the course they should pursue on the
question of state jurisdiction, in order that their proceedings might be laid
before the county committee of safety at the next meeting. Written
returns were received from a few towns; verbal messages from others;
but the majority did not deem it practicable to offer a reply. The
greater part of the inhabitants of Hartford favored a separation from
New York, but desired that an application to that effect should be made
in the state Convention before the subject was brought before the Con-
* Chester was not represented in General Convention until October
30, 1776.
26
General Conventions.
ed to them (in writing) by any of the inhabitants of the New Hampshire
Grants relative to the cause of American Liberty, by way of proper ap-
peal from the judgment of either of the Committees of Safety on said
Grants, any five of which Committee to be a Quorum.
Resolved, That Doctor Jonas Fay, Col. Timothy Brownson, Col.
William Marsh, Capt. Joseph Bowker, Capt. Joseph Woodward, Capt.
Micah Veal, [Vail,] Col. Thomas Chittenden, Major Stephen Royce, and
Capt. Abraham Underhill, be and are hereby unanimously appointed a
Committee for the above purpose.
Lastly Resolved, To adjourn this Convention, and to meet at this
place on Wednesday, the 25th day of September uext at 8 o'clock in the
Morning.
JOSEPH BOWKER, Chairman.
Attest, JONAS FAY, Clerk.
ADJOURNED SESSION AT DORSET, SEPT. 25, 1776.
[From the mannscript copy of the HON. JAMEN H. PHELPS, as published in the Vermont His-
torical Society Collections, Vol. I.]
NEW HAMPSHIRE GRANTS,
At a General Convention of
Cephas Kent's, Dorset, 25th Sept. 1776. the Several Delegates from
the Towns on the West side the range of Green Mountains the 24th day
of July last, consisting of fifty-one Members, representing thirty-five
towns, and held this day by adjournment by the representatives on the
West and East side the said range of Green Mountains; the following
members being present at the opening of the Meeting, viz. :
Captain JOSEPH BOWKER in the Chair.
Doct. JONAS FAY, Clerk.
Pownal,
[ WEST SIDE.]
Capt. Sam'l Wright,
Doct. Obadiah Dunham.
[Mr. Simeon Hathaway,
Doct. Jonas Fay,
Man-
Lieut. Martin Powell,
Lieut. Gideon Ormsby,
Col Wm. Marsh.
chester, Col® Wm.
Mr. John Manley,
Dorset, Mr. Ab'r Underhill.
ton,
Benning- Capt. John Burnham,
Nathan Clark, Esq.,
Maj'r Sam' Safford,
Col Moses Robinson.
Rupert,
Mr. Reuben Harmon,
Mr. Amos Curtis.
Capt. Wm. Fitch,
Pollet,
Major Roger Rose.
Shafts- Major Jeremiah Clark,
bury, Mr. John Burnham.
Sunder- ( Lieut. Joseph Bradley,
land, Col. Timothy Brownson.
Bridport, Mr. Samuel Benton.
Addison, David Vallance.
tinental Congress. The particular sentiment prevailing at this time was
favorable to a peaceable revolt, if a revolt should be declared necessary
to the well-being of the people.-Eastern Vermont, pp. 268, 269, 276.
Adjourned Session at Dorset, Sept. 25, 1776.
27
Capt. Ebenezer Allen,
Major Thomas Rice.
Capt. Micah Veal,[Vail,]
Mr. William Gage.
Stamford, Thomas Morgan.
Tin-
mouth,
Williston, Col' Thomas Chittenden. |
Colchester, Lieut. Ira Allen.
Danby,
}
Panton,
John Gale.
Mr. Gamaliel Painter.
Bromley
Middle-
bury, S
Burling-
ton,
Nesho-
Mr. Lemuel Bradley.
[or Capt. Wm. Utley.
Peru,])
Col Seth Warner, Present.
Capt. Heman Allen, do.
bee, [or
Capt. Timothy Barker,
Mr. Thomas Tuttle.
Brand'n]
( Ogden Mallery,
Wells,
Rutland,
Capt. Joseph Bowker,
Col' James Mead.
Zacheus Mallery.
Poult-
Mr. Nehemiah How,
Walling- Mr. Abraham Ives.
ney,
Mr. Wm. Ward.
ford,
Castleton, Capt. Joseph Woodward.
Marl-
borough,
MEMBERS FROM EAST SIDE OF GREEN MOUNTAINS.
Capt. Francis Whitmore.
Guil- Col. Benjamin Carpenter,
ford, Major John Shepardson.
Windsor, Mr. Ebenezer Hoisington.
Kent,
[or Edward Aiken,
London-Col James Rogers.¹
Dum- Mr. Joseph Hildreth,
merston, ì Lieut. Leonard Spaulding
West- Mr. Joshua Webb,
minster, Nath" Robinson, Esq.
Halifax, Col. Benjamin Carpenter.
Wil-
mington,
By a letter from s'd town.
[or
derry,]
Draper,]
Rock-
Doct. Reuben Jones.
ingham, S
Cumber-} By a Letter.
land,
¹ James Rogers came from Londonderry, N. H., to Vermont. About
1770, with S. Thompson and James Patterson, he commenced the settle-
ment of Londonderry, Vt., which had been granted by New York to
Rogers, Feb. 13, 1770, under the name of "Kent." He was commis-
sioned by New York as assistant justice of inferior court of common
pleas and as justice of the peace in 1766, and again in 1772. In 1775 he
was counted a Whig, and at a Convention of twelve towns in Cumber-
land county, held Feb. 7, of that year, was appointed one of a commit-
tee of correspondence for twenty-one towns. On the 31st of May, 1775,
New York tendered to him a commission as brigadier-general of the
militia of Cumberland, Gloucester, and Charlotte counties, which he
refused “upon political principles." The Committee of Safety of Cum-
mberland county nominated him for the same office in the same year,
doubtless without accurate information as to his politics. In Sept. 1776
he was a delegate in the Dorset Convention, and seems to have voted
in favor of separating from New York. Afterward, probably on Bur-
goyne's invasion, Rogers joined "the king's troops," and Oct. 3, 1777, the
Council of Safety assumed the control of his property, which was con-
fiscated in 1778. In 1795 and 1797 James Rogers, Jr., petitioned the
28
General Conventions.
The foregoing members being organized proceeded to business.
1st. Voted, That the records and proceedings of this Convention held
at this place, from the 16th of January, 1776 to this time, be read to give
light to those Gentlemen Delegates from the East side of the Green
Mountains in particular and the whole in general.
2d. Voted, That the words "That has been heretofore subscribed and
returned or that " included in a vote at the last sitting of this Conven-
tion be erased, which is accordingly done.¹
3d. Voted, To adjourn till 8 o'clock to-morrow morning at this place.
THURSDAY, 8 o'clock in the Morning.
Meeting opened at time and place.
4th. Voted, To make a general list of the names of those of the in-
habitants of the several Towns on the N. Hampshire Grants who have
signed the General Association, voted by the last Convention to be
signed.
5th. Voted, That no member of this Convention be permitted to
speak more than three times to one case (at one sitting) without leave
of the Board.
6th. Voted, That the Association originally signed be returned to the
Clerk of this Convention at their next sitting.
7th. Voted, To take the following vote passed in July 24th, 1776, into
consideration (viz.) "Proceeded to the consideration of the fifth article
of the Warrant, and voted that suitable application be made to form that
District of Land, commonly called and known by the name of the New-
Hampshire Grants, into a separate District;" passed in the affirmative—
not one dissenting vote.
8th. Voted, That Colº Wm. Marsh, Dr. Jonas Fay, Doct. Reuben
Jones, Capt. Ira Allen, Colº Thomas Chittenden, Colo Benjamin Car-
penter and Col James Rogers be a Committee to form a plan for fu-
ture proceedings and report to this Convention as soon as may be.
9th. Voted, To adjourn this meeting till half past 1 o'clock in the
afternoon, at this place.
Meeting opened at time and place.
REPORT (AS OPINION) OF A SUB-COMMITTEE.
A Covenant or Compact ought to be entered into by the Members of
this Convention for themselves and their Constituents, to be governed
and regulated by such rules as may be agreed on by the majority, (viz.):
To regulate the Militia; To furnish troops according to our ability,
for the defence of the Liberties of the United States of America.
To return the numbers of the inhabitants on this District to the Con-
tinental Congress, and at all times to be governed by their Councils.
General Assembly for a restoration of the property of his father, and all
that had not then been sold was restored to him.-Thompson's Ver-
mont, part III, p. 103; Eastern Vermont, pp. 206, 244, 250, 764, 765, 770.
¹This probably refers to the resolution of Jan. 17, recommending the
inhabitants in the New Hampshire Grants to sign the “Association ” or
pledge to defend the United American States, which had been signed by
members of the Convention. The amendment, made by the above vote,
seems to have been made in the record of the original resolution.
Adjourned Session at Dorset, Sept. 25, 1776.
29
A number of men to be elected to wait on the Honble Continental
Congress with such Petitions as shall be agreed on by this Convention.
To make suitable provisions that the whole of the inhabitants on Sa
N. Hampshire Grants on each side of the Green Mountains be notified
and have proper opportunity to join and coincide with the measures
taken and to be hereafter taken for the benefit of forming Sa district into
a separate State.
As the troublesome and aged conflict existing between the State of
New York and that District of Land commonly called and known by the
name of the New-Hampshire Grants relative to the title of lands on Sa
district has not yet subsided,
We do therefore vote that any Law, or Laws, Direction or Directions
we may (for the time being) receive from Sa State of N. York will not
in future be accepted neither shall we hold ourselves bound by them.
Some measures to be entered into for the better securing the Tories
in Sa District.
That the Militia officers on each side the Mountains continue in their
stations and after executing the orders to them heretofore received from
the State of New York, to be under the direction of this Convention.
The foregoing propositions are humbly submitted to the Members of
the General Convention now assembled at Dorset.
pr. BENJ'A CARPENTER, Chairman Committee.
10th. Voted, To accept the above report of the Sub Committee.'
11th. Voted, To adjourn this meeting until half past one o'clock in
the afternoon at this place.
Meeting opened.
THURSDAY, Half after 1 o'clock in the afternoon.
12th. Voted, That a Covenant or Compact be made and subscribed by
the Members of this Convention for themselves and Constituents for the
security of their Common Liberties and Properties in conjunction with
the Free and Independent States of America.
13th. Voted, That Doct. Jonas Fay, Col Moses Robinson, Col° Wm.
Marsh, Mr. Ebenezer Hoisington, Doct. Reuben Jones, Col' Thomas
Chittenden, and Doct. Obadiah Dunham be and are a Committee to form
the said Covenant or Compact and report to the Convention as soon as
may be.
14th. Voted, To adjourn this meeting until 8 o'clock to morrow
morning.
FRIDAY, 27th September, 1776.
Opened the meeting at time and place.
15th. THE COVENANT OR COMPACT.
At a General Convention consisting of fifty-six Delegates on the New-
Hampshire Grants, on the east and west side of the range of Green
Mountains, representing thirty-six towns on said Grants, held at Dorset
the 25th day of September, 1776, by adjournment.
Whereas, this Convention have for a series of years had under their
particular considerations the disingenuous conduct of the former Colony
(now the State of) New-York toward the inhabitants of that District of
¹ This deserves the title of the first constitution of Vermont, and the
compliment of being the briefest ever adopted for so large a community.
30
General Conventions.
Land commonly called and known by the name of the New-Hampshire
Grants, and the several illegal, unjustifiable and unreasonable measures
they have taken to deprive, by fraud, violence and oppression, those in-
habitants of their property, and in particular their Landed interest;
and as this Convention has reason to expect a continuance of the same
kind of disingenuity, unless some measures effectually be taken to
form the Sa District into a separate and distinct one from New York ;
and whereas it at present appears to this Convention that, for the fore-
going reasons, together with the distance of road which lies between
this District and New York, it will be very inconvenient for those
inhabitants to associate or connect with them, for the time being, direct-
ly or indirectly:
Therefore, this Convention being fully convinced that it is necessary
that every individual in the United States of America should exert them-
selves to their utmost abilities in the defence of the liberties thereof, and
that this Convention may the better satisfy the Public of their punctual
attachment to the Sd common cause, at present as well as heretofore,
we do make and subscribe the following Covenant, viz:
We the subscribers inhabitants of that district of Lands commonly
called and known by the name of the New-Hampshire Grants, being
legally delegated and authorized to transact the public and political af-
fairs of the aforesaid District of Lands, for ourselves and Constituents,
do solemnly covenant and engage that, for the time being, we will strict-
ly and religiously adhere to the several resolves of this or a future Conven-
tion Constituted on Sa district by the free voice of the Friends to Ameri-
can Liberties, that shall not be repugnant to the resolves of the honble
Continental Congress relative to the General Cause of America.
16th. Voted, That Colo Jacob Bailey, Capt. Abner Seeley, and Colo
Jacob Kent,¹ be a Joint Committee to exhibit the proceedings of this
meeting to the inhabitants of the County of Gloucester, and request them
to sign the Association left with them, at their County Convention held
This is the first notice of these gentlemen in connection with the
new state. Geu. Bayley and Col. Kent were both of Newbury, and
among its first officers. Both were officers under New York: Col. Kent
as justice of the peace, assistant judge of inferior court of common
pleas, and commissioner to take charge of the property of persons who
had joined the enemy-the last appointment dated May 2, 1777. Col.
Kent was the first representative of Newbury in the Vermont legisla-
ture, March 12, 1778. Gen. Bayley was a commissioner to administer
oaths of office, judge of inferior court of common pleas, and justice of
the peace; he was elected deputy for the session of the N. Y. Provincial
Congress which commenced May 23, 1775, but did not take his seat; and
appointed brigadier general of the militia of Cumberland and Glouces-
ter counties, Aug. 1, 1776. He continued nominally under the jurisdic-
tion of New York until June 14, 1777, when he addressed a letter to the
New York Council of Safety, of which the following is an extract :
GENTLEMEN: I acknowledge the receipt of an ordinance from you
for the election of governor, lieutenant governor and senators and rep-
resentatives for the state of New York, by the hand of Mr. Wallace.
The sheriff and committee [ of safety] gave the proper orders, but I am
apt to think our people will not choose any members to sit in the state
Adjourned Session at Dorset, Sept. 25, 1776.
31
at Thetford the 13th day of August ultimo, and return the same by their
delegate or Delegates chosen or to be chosen hereafter, to meet and join
this Convention at their next sitting.'
17th. Voted, That it be and is hereby recommended to the several
Chairmen of the several Committees of the several Towns on the west
side of the Green Mountains on the N. Hampshire Grants, faithfully
to see to it that the Association made at the last sitting of this Convention
be forthwith signed by every individual male inhabitant of each Town,
from 16 years old and upwards, and that for the future each person sub-
scribe his own name or mark; and that the Association thus signed be
returned to Doct™ Jonas Fay, Clerk of this Convention, before the next
sitting of this Convention; and if any refuse to sign the Association, to
take their names and reasons why they will not subscribe to it.
18th. Voted, to adjourn this meeting one hour at this place.
FRIDAY, 2 o'clock.
The Meeting opened at time and place.
19th. Voted, That Cole Wm. Marsh and Capt. Ira Allen be a Commit-
tee to go into Cumberland and Gloucester Counties, to carry the pro-
ceedings of this Convention, and to assist in getting the Association
(forma by this Convention) signed and collected [returned] to the Clerk
of this Convention.
20th. Voted, That Doct" Jonas Fay, Doct. Reuben Jones and Colo Wm.
Marsh be a Committee to draw a Remonstrance or Petition to send to
the Continental Congress, and Report to this Convention as soon as
may be.
of New York. The people before they saw the constitution, were not
willing to trouble themselves about a separation from the state of New
York, but now almost to a man they are violent for it. * *
I am, gentlemen, etc.,
To the Council of Safety, Kingston.
*
* *
JACOB BAYLEY.
July 8, 1777, Gen. Bayley was appointed a member of the Vermont
Council of Safety, and in March, 1778, he was elected Councillor. In
September, 1777; the General was at Castleton on military service, and
affixed to his name the initials of his title, "B. D. G.," which stands, it
is presumed, for Brigadier General. If so, he continued very wisely to
execute his duties as a New York officer, although he had been assigned
to fill another important station for Vermont.-See Eastern Vermont,
pp. 768-770; Early History, p. 249; Vt. Hist. Mag., Vol. II., p. 936.
Abner Seeley was commissioned by New York as Captain in Maj.
Hoisington's battalion of Rangers, Oct. 23, 1776, and he resigned Dec.
22 following. Feb. 10, 1778, the Vermont Council of Safety appointed
him Captain in Col. Samuel Herrick's regiment, which was intended for
an expedition to Canada under Gen. Lafayette.-See Eastern Vermont,
p. 772; Proceedings of Cumberland and Gloucester Committees of Safety,
Aug. 6, 1776 and of Vermont Council of Safety, Feb. 10 and 17, 1778.
The purpose of the Convention at Thetford was to nominate the
Gloucester quota of officers for the battalion of two hundred and fifty
Rangers, authorized by New York, to be commanded by Maj. Joab Hois-
ington. Probably members of the Committee of the Dorset Convention
were present on their business.
:
32
General Conventions.
REPORT OF THE ABOVE SUB-COMMITTEE.
The grounds of this Petition and Remonstrance, to be exhibited to the
Grand Council of America, by the Convention, to contain the following,
viz :
The several measures taken by the Colony or State of New York here-
tofore to monopolize the Landed interest of the inhabitants on the Grants
to themselves Circumstances in particular of the conduct of N. York
on each side the Mountains to be particularly considered.
Distance from the Metropolis of any State, &c.
Persons to be appointed for making the Draught; a Committee to be
appointed for examining the Draught, with authority from this Conven-
tion to pass the same in the name of the whole of this Convention.
Persons to be appointed to exhibit the same properly delegated to the
Honble Board at the Continental Congress.
The above submitted to the consideration of the honble Convention.
pr. WILLIAM MARSH, Chairman Committee.
21st. Voted, That the above report of the Sub-Committee be accepted.
224. Voted, That Doct. Jonas Fay write an answer to Mr. John
Wheelock.¹
23d. Voted, That the Committee of Safety for the several towns on
the District of the N. Hampshire Grants, be and are invested with the
same authority as other Committees of Safety for other Towns in any of
the Free States of America.
24th. Voted, That a sufficient Goal be built on the west side of the
range of Green Mountains, at some place, that shall be hereafter agreed
on, for securing Tories.
25th. Voted, That Nathan Clark, Esqr., Capt. Micah Veal, [Vail,]
Lieut. Samuel Benton, Major Jeremiah Clark and Col. James Mead be a
Committee to assign a place to erect a Goal as above, and provide some
way to effect the same as soon as may be, and report to this Conven-
tion.
REPORT (AS THE OPINION) OF THE ABOVE SUB-
COMMITTEE.
It is hereby recommended to this Convention that a Goal be erected
in the Township of Manchester; twenty foot by thirty inside; Sa Goal
to be built with Logs and Earth; Sa Goal to be erected a few rods east
of the now dwelling-house of Lieut. Martin Powell in Sa Town, for the
confinement of Tories, and other offenders that may be adjudged to be
confined: Sa Goal to be built of a double wall of Logs, not less than
twelve inches through, laid eighteen inches distance between Sd walls,
the vacancy to be filled up with earth about 7 feet high, and then floored
with Logs double, a good roof, and a strong wooden door, &c., &c.
And that some suitable person or persons be appointed to see the per-
formance of the above strong hold; and to be retaliated [compensated]
therefor by this Convention, or as they in their great wisdom shall order.
By order of Committee, NATHAN CLARK, Chairman.
¹ A few months later, "Maj. John Wheelock" was in the service of
New York, distributing through eastern Vermont the resolutions of Con-
gress of June 30, 1777, that the claim of Vermont to independence
"could derive no countenance or justification from any act or resolu-
tion" of that body-for example, the resolution cited by Dr. Young.-
See Eastern Vermont, p. 299.
Adjourned Session at Dorset, Sept. 25, 1776.
33
26th. Voted, To accept the above report.
27th. Voted, That Lieut. Martin Powell, Mr. Gideon Ormsby, and
Mr. Thomas Bull be a Committee to build a Gaol as above proposed.
28th. Voted, That Lieut. Martin Powell be Gaol Keeper.
29th. Voted, That Mr. Simeon Hathaway, Dr. Jonas Fay, Nathan
Clark, Esq., Lieut. Joseph Bradley, Lieut. Martin Powell, Mr. Cephas
Kent, Capt. Joseph Bowker, Capt. Joseph Woodward and Nehemiah
How be a committee of War.¹
30th. Voted, That the several Colonels on the west side of the range
of Green Mountains issue their orders immediately to their several
Captains under them to muster their companies, and to take the number
of men gone in the service, and what service, and how many at home,
and their arms, accoutrements and ammunition, and the Colonels to
make their return to the Committee of War, and the Committee of War
to this Convention.
31st. Voted, That the several Colonels give special orders to the Cap-
tains under them to raise their quotas of men to fill up the six compa-
nies of Rangers.
32d. Voted, That Nathan Clark, Esq, Doct. Obadiah Dunham and
Mr. John Burnam be a Committee to affix fines on all delinquents in the
Militia and make return to this Convention as soon as may be.
This is the first record of a Board of War in Western Vermont.
The specific powers of this Board will be found in the report and thirty-
fourth vote of the same day. The thirtieth vote shows that "several
Colonels" and other officers had previously been appointed and the com-
panies raised, and also that some were then in the service. This work
had been done doubtless by the Committees of Safety. Warner had raised
one regiment in 1775, under the approval of New York; in January,
1776, he raised another, which served through the Canada campaign;
and under the resolution of Congress of July 5, 1776, (by which Warner
was made Colonel and Samuel Safford Lieutenant Colonel,) he raised
what is known as "Warner's Continental regiment."-See Early His-
tory, p. 221.
In Oct., 1776, three regiments from western Vermont joined Gates at
Ticonderoga.—See Early History, pp. 217-223. Eastern Vermont fur-
nished about the same number of militia. Nov. 21, 1775, there were
two regiments of militia and one of minute men in Gloucester, Cumber-
land, and Charlotte counties, and in August, 1776, a battalion of two
hundred and fifty rangers was organized-all under New York, in which
state Charlotte county mainly was. Eastern Vermont also contributed to
Warner's regiment in 1775, and to Bedell's of New Hampshire.-See
Eastern Vermont, pp. 770-773. John Trumbull wrote that in October,
1776, when Gen. Gates was at Ticonderoga, "the whole number of our
troops under arms on that day, (principally, however, militia,) exceeded
thirteen thousand." Of these Vermont contributed probably about
three thousand.-See Col. J. Trumbull's Reminiscences of his own Times,
p. 36.
4
34
General Conventions.
REPORT (AS THE OPINION) OF THE ABOVE COMMITTEE.
A Colonel refusing or neglecting to comply with any orders from this
Convention to pay a fine of
33 dollars.
A Lieutenant Colonel refusing or neglecting to obey his
commanding officer,
Major,
Captain,
Lieutenant, Adjutant, Quarter Master & Ensign,
Sergeant and Clark,
Corporal,
Drum and Fife,
Private,
25 do.
20 do.
10
do.
7 do each.
2 do each.
13 do.
14 do.
1 do.
If a soldier drafted in any particular service and absconding, shall be
subject to pay a fine of twenty-five dollars, and an officer in proportion
as above.
That the Committee of War have full power to hear any complaint
against any Field officer for neglect of their duty and to proceed against
them or either of them, to collect by warrant or execution from under
their hands such fine or fines as is appointed by this Convention; in like
manner the Field officers to try all the commissioned officers in their
respective regiments for the time being, directed to some suitable per-
son to collect the same; and in like manner two commissioned officers
of each company to try all non-commissioned officers and privates; to
award in the manner aforesaid; said fines to be used or applied to fur-
nish those men in said companies that are not able to furnish themselves
with arms and ammunition and accoutrements as required; and that
each non-commissioned officer and private provide himself with a suita-
ble gun and one pound of powder, four pounds of bullets fit for his gun,
six flints, powder horn, cartouch box or bullet pouch, a sword, bayonet
or tomahawk; and for want of a gun to pay a fine of two dollars on each
time so required to appear under arms, and for want of each other accou-
trement, the sum of half a dollar when required as aforesaid.
A Colonel,
FINES FOR EACH DAY'S NEGLECT.
Lieut. Colonel,
Major,
Captain,
Lieutenant,
Adjutant & Ensign, each
£1-16-0
1-10-0 Quartermaster,
0-18-0 Sergeant,
0-16-0 Corporal,
0-14-0 Drum and Fife,
0-12-0
Private,
s d
£0-10-0
0-8-0
0-6-0
0-4-0
0-3-6
By order of Committee,
NATHAN CLARK, Chairman.
33a. Voted, To accept of the above report.
34th. Voted, That the Committee of War be and are empowered to
issue their warrants in the name and by the authority of this Conven-
tion, to the several Field officers of the Militia on the district of N.
Hampshire Grants,' that on any sufficient notice received from the Gen-
eral or Commander in Chief of any of the armies of the United States
of America, the Honorable Continental Congress, or on any sudden
emergency that shall be judged by sd Committee of War to be for the
'This seems to have given jurisdiction over the whole territory, east
and west of the mountains.
Adjourned Session at Dorset, Sept. 25, 1776.
35
immediate safety of the Grants, requesting the assistance of the Militia,
and march immediately to the relief of such part of the Continent as
they may be required to. And in case any person legally notified justly
belonging to any or either the Companies of the Militia on sď Dis-
trict shall refuse on such notifications to attend and perform the duty
enjoined on him or them by the officers of the Regiment to which he or
they do or may belong, that they be fined unless sufficient excuse be
rendered to the Committee of War.
35th. Voted, That Doct. Reuben Jones and Lieut. Leonard Spauld-
ing wait and take the proceedings of this Convention and deliver to
their Constituents.
36th. Voted, That Doct. Jonas Fay, Capt. Samuel Wright, Major Jer-
emiah Clark, Colo Timothy Brownson, Colo William Marsh, Capt. Jo-
seph Bowker, Colo Thomas Chittenden, Capt. Heman Allen, Capt. Will-
iam Fitch, Capt. Micah Veal, [Vail,] Lieut. Samuel Benton, and Capt.
Ira Allen, be a Committee to attend this Convention at its next sitting.¹
And it is recommended for each Town to send one more Delegate.
37th. Voted, That Doct. Jonas Fay, Cole William Marsh and Doct.
Reuben Jones be a Committee to draw a Petition to send to the Honble
Continental Congress; and report to a Committee to be appointed to
examine the same.
38th. Voted, That Nathan Clark, Esq., Col. Seth Warner, Captain
Heman Allen be a Committee to examine the aforesaid Petition.
39th. Voted, To adjourn to 8 o'clock to-morrow morning at this place.
SATURDAY MORNING 8 o'clock, Sept. 28th, 1776.
The Meeting opened at time and place.
40th. Voted, To refer the examination of the Petition to the Conti-
nental Congress till our next meeting; then to fill up the Committee for
that purpose.
41st. Voted, That four men be appointed as delegates to go to the
Continental Congress with a Petition or such directions as this Conven-
tion shall give them.
42d. Voted, That Doct. Jonas Fay, Colo Thomas Chittenden, in con-
junction with two more to be appointed, be a Committee for that pur-
pose.
43d. Voted, That Colo Seth Warner, Capt. Heman Allen, Capt. Gid-
eon Brownson, Mr. Ebenezer Hoisington, Capt. Abner Seeley, and
Doct. Jonas Fay be a Committee to prepare a Citation to send to the
State of New-York to know if they have any objection against our
being a Separate State from them and make report as soon as may be."
44th, Voted, That as it appears that the Town of Arlington are prin-
cipally Tories, yet the Friends of Liberty are ordered to warn a Meeting
and choose a Committee of Safety and conduct as other Towns; if they
meet with opposition to make application to the Committees of Safety
of the neighboring Towns for assistance.
1 The number is twelve, and its office was advisory, and to prepare bu-
siness. It was the initiation of the body styled in the Constitution the
“Council." It will be observed that, in the report of the committee
at the next session, the body of delegates elected was styled "the
House."
2
* See similar vote of Oct. 30, 1776.
36
General Conventions.
45th, Voted, That no person be admitted to act in choosing Commit-
tees of Safety but those that sign the Association from this Convention
and acknowledge the authority of the Committees of Safety.
46th. Voted, Colo Benja Carpenter of Guilford do notify Guilford,
Hinsdale and Halifax. Capt. Francis Whitmore of Marlborough notify
Draper, Cumberland, Marlborough and Brattleborough. Lieut. Leonard
Spaulding of Dummerston and Capt. Samuel Fletcher notify Towns-
hend, Putney, New-Fane and Dummerston. Mr. Ebenezer Hoisington
of Windsor notify Windsor. Hertford, Woodstock, Hartford and Pomfret.
Nath Robinson, Esq., of Westminster, notify Westminster and Weath-
ersfield. Doct. Reuben Jones of Rockingham notify Rockingham and
Springfield. Mr. Edward Aiken of Kent notify Kent and Chester.'
47th. Voted to adjourn this Convention to Wednesday, the 30th Octr
next, to be held at the Court house in Westminster, at 10 o'clock in the
forenoon.
Attest JONAS FAY, Clerk.
A true copy from the original.
JOSEPH BOWKER, Chairman.
ADJOURNED SESSION AT WESTMINSTER,
OCTOBER 30, 1776.
[From the manuscript copy of the Hon. JAMES H. PHELPS, published in Vt. Hist. Soc. Col-
lections, Vol. I.]
NEW HAMPSHIRE GRANTS,
WESTMINSTER COURT HOUSE, October 30th, 1776.
ing to adjournment.
Convention
opened accord-
Rocking Doctr. Reuben Jones.
ham,
PRESENT THE FOLLOWING MEMBERS.
Benning-Nathan Clark, Esq.
ton,
Man-
Colo. Wm. Marsh.
chester,
Pollet, Capt. Wm. Fitch.
Rutland, Capt. Joseph Bowker.
Colchester, Capt. Ira Allen.
Marl-
borough, Capt. Francis Whitmore.
Windsor, Mr. Ebenezer Hoisington.
Dum- Lieut. Leonard Spalding,
merston, Į Mr. Joseph Hildreth.
West- Mr. Joshua Webb,
minster, Nath'l Robinson, Esq.
Bromley)
[or
Peru.]
Capt. William Utley.
Towns-
hend,
Capt. Sam'l Fletcher.
Kent,
Putney,
Dennis Lockland.
[or
Mr. Edward Aiken.
Chester,
Col Thomas Chandler.
London-
derry,] J
On the preceding day provision had been made for notifying Glouces-
ter county. This provided for notice to the towns in Cumberland county.
Adjourned Session at Westminster, Oct. 30, 1776. 37
1st.
2d.
Voted, Capt. Ira Allen, Clerk.
Voted, That Nathaniel Robinson, Esq., Mr. Solomon Phelps, and
Colo William Marsh be a Committee to go to the Clerk of the County
Committee of Safety for this county and get the records of sa Commit-
tee concerning sending Delegates to the Convention of the State of
New York.
3ª. Voted, That Mr. Ebenezer Hoisington, Mr. Joshua Webb, Capt. Ira
Allen, Capt. William Fitch and Doct. Reuben Jones be a Committee to
draw a plan for further proceedings of this Convention; and make a re-
port as soon as may be.
4th. Voted, To adjourn this Convention till 8 o'clock to morrow morn-
ing, to be held at this place.
THURSDAY MORNING, 8 o'clock.
Meeting opened according to adjournment.
5th. Voted, To adjourn this meeting one hour at this place.
Meeting opened according to adjournment.
6th. Voted, That Doctr Reuben Jones and Colo William Marsh be a
Committee to invite Capt. Clay and Doctr Day to sit with this Conven-
tion as spectators. ¹
7th. Voted, To adjourn this Convention till 8 o'clock to morrow morn-
ing, at this place.
FRIDAY MORNING, 8 o'clock.
Meeting opened according to adjournment.
REPORT OF THE COMMITTEE OF PROCEEDINGS.
It is the opinion of this Committee that, by the reasons of the incur-
sions of the Enemy,' and that the Militia of this State have lately been
called, and are now going to the relief of their distressed Brethren at Ti-
conderoga, and the Northern frontiers of this State, and that several of
the Members of this Couvention are more immediately called on to the
relief of their families, &c., which has so far taken up our attention, and
the attention of the People at large, that we have not collected the full
sentiments of the People.
It is not proper, therefore, to proceed to complete the Petition to the
Honble the Grand Council of the United States of America, or to fill up
the Committee for the purpose of delivering Sa Petition.
That an answer be made to a Pamphlet dated the 2d October, 1776,
and sent from the Honble the Provincial Congress of the State of New-
York to the County of Cumberland, and with S answer a Pamphlet set-
ting forth the advantages that would arise to the people at large on the
district of the New-Hampshire Grants, by forming into a separate State,
be wrote, printed and communicated to the inhabitants as soon as may
be.3
1
Capt. James Clay was chairman, and Doct. Elkanah Day a member of
the Cumberland County Committee of Safety.
3
Referring to the destruction by the British of the American naval
force on Lake Champlain, and the then expected attack on Ticonderoga
by Gen. Carleton. HILAND HALL suggests that the alarm prevailing
on account of that invasion prevented this Convention from declaring a
separation from New York.-Vt. Hist. Soc. Collections, vol. 1, p. 34,
3
* See Appendix B,
38
General Conventions.
That a Manifesto be put in the public newspapers setting forth the
reasons, in easy terms, why we choose not to connect with New-York.¹
The aforesaid report is humbly presented to the House by
Order of the Committee.
8th. Voted, To accept the above report.
WM. FITCH, Chairman.
9th. Voted, That a petition be drawn to send to the Honble Provincial
Congress of the State of New-York, requesting their approbation for the
district of the New-Hampshire Grants to form themselves into a State
separate from N. York.
10th. Voted, That Colo William Marsh, Capt Ira Allen and Mr. Solo-
mon Phelps be a Committee to make the above writings.
2
11th. Voted, That Major Abijah Lovejoy, Colo Wm. Marsh, Capt. Ira
Allen, Colo Jacob Bailey, Mr. Solomon Phelps. Major Joseph Tyler,
Colo Benjamin Carpenter, Mr. Benjamin Emmons, Mr. Elijah Olcott,
Doct. Reuben Jones, and Mr. Daniel Jewett be a Committee to go through
Cumberland and Gloucester Counties to carry the proceedings of this
Convention and to complete getting the associations formed by this
Convention signed and collected to the Clerk of this Convention at their
next sitting.
12th. Voted, That it be and it is hereby recommended to each Member
of this Convention to assist the above Committee as much as in them
lies.
13th.
Voted, That Doct. Jonas Fay be added to the Committee to make
the above Petition.
14th. Voted, That Solomon Phelps write a letter to Colo Jacob Bailey,
desiring him to assist the above Committee.
15th. Voted, To adjourn this Convention to the third Wednesday of
January next at 10 o'clock in the Morning, to be held at this place.
Attest, IRA ALLEN, Clerk.
A true copy from the original.
JOSEPH BOWKER, Chairman.
ADJOURNED SESSION AT WESTMINSTER,
JANUARY 15, 1777.
[The following journal, which ends with the words "11th. Voted, N. C. D., to accept the above re-
port," is found in Slade's State Papers, page 68 to 70. The residue of the Journal is from
the manuscript of the Hon. JAMES H. PHELPS, as published in Vermont Historical Society
Collections, Vol. I.]
N. HAMPSHIRE GRANTS,
Convention opened
WESTMINSTER COURT HOUSE, January 15th,1777. Š according to adjourn-
according to
ment. Present the following Members :
Capt. JOSEPH BOWKER in the Chair.
1st. Voted, Doct. REUBEN JONES, Clerk, P. Tempore.
1 See Appendix C.
This petition to New York, if prepared, seems never to have been
sent. See similar vote of Sept. 25, 1776—the 43ª vote.
Adjourned Session at Westminster, Jan. 15, 1777.
39
Benning-
ton,
Nathan Clark, Esq.,
Capt. John Burnham,
Mr. Nathan Clark, Jun.
{Capt. Saml. Fletcher.
Towns-
hend,
Chester, Col. Thomas Chandler.
Man-
chester,
{Lieut. Martin Powell.
Rocking-
Dr. Reuben Jones,
Lieut. Moses Wright.
Castleton, Capt John Hall.
Williston, Col. Thomas Chittenden.
Colchester, Capt. Ira Allen.
S
Rutland Capt. Joseph Bowker.
Capt. Heman Allen.
Dummerston, Lt. Leonard Spaulding.
Putney, Lt. Dennis Lockland.
West-Nathan'l Robinson, Esq.,
minster, Mr. Joshua Webb.
ham,
Windsor, Mr. Eben. Hosington.¹
Hartford,
Wood-
stock,
Mr. Stephen Tilden.
Mr. Benjamin Emmons.
Norwich
Mr. Jacob Burton.
Maj. Thomas Moredock,
Pomfret,
By aletter from said town
voting for a new state.
Barnard, By ditto and ditto.
Royalton, By ditto and ditto.
24. Voted, To adjourn this convention to eight o'clock to morrow
morning at this place.
THURSDAY, eight o'clock.
Convention opened according to adjournment.
Major Joseph Williams and lieutenant Nathaniel Seeley from Pownal
took their seats.
3d.
Voted, That Dr. Reuben Jones be an assistant clerk to Capt Ira
Allen, he at this time being present.
4th. Voted, That Lieut. Leonard Spaulding, Mr. Ebenezer Hosington
and Major Thomas Moredock be a committee to examine into the num-
bers that have voted for the district of the New Hampshire Grants to be
a separate state from New York, and how many are known to be against
it, and make report to this convention as soon as may be.
REPORT OF SAID COMMITTEE.
1
"We find by examination that more than three-fourths of the people
in Cumberland and Gloucester counties, that have acted, are for a new
state; the rest we view as neuters.
5th.
By order of the convention,
EBENEZER HOSINGTON,' Chairman."
Voted, To adjourn this convention one hour, at this place.
Convention opened at time and place.
6th. Voted, N. C. D., That the district of land commonly called and
known by the name of New-Hampshire Grants, be a new and separate
state; and for the future conduct themselves as such.
7th. Voted, That Nathan Clark, Esq., Mr. Ebenezer Hosington, Capt.
John Burnham, Mr. Jacob Burton, and Col. Thomas Chittenden, be a
committee to prepare a draught for a declaration, for a new and sepa-
rate state; and report to this convention as soon as may be.
8th. Voted, That Capt. Ira Allen, Col. Thomas Chandler, Doctor Reu-
ben Jones, Mr. Stephen Tilden, and Mr. Nathan Clark, jun., be a com-
1
This name is given as in the copy. The true name is Hoisington, of
which name there were two persons at this period, Ebenezer and Major
Joab.
40
General Conventions.
mittee to draw a plan for further proceedings; and report to this conven-
tion as soon as may be
9th. Voted, to adjourn this meeting to eight o'clock to-morrow morn-
ing at this place.
Friday morning, convention opened according to adjournment. The
committee appointed to bring in a draught of a declaration, setting forth
the right the inhabitants of that district of land, commonly called and
known by the name of the New Hampshire Grants, have, to form them-
selves into a state or independent government, do make the following re-
port to the honorable convention convened at Westminster, January
15th. A. D. 1777, viz.
To the honble convention of representatives from the several towns on the
west and east side of the range of Green Mountains, within the New
Hampshire Grants, in convention assembled :
Your committee, to whom was referred the form of a declaration set-
ting forth the right the inhabitants of said New Hampshire Grants have,
to form themselves into a separate and independent state, or govern-
ment, beg leave to report viz.:
RIGHT 1. That whenever protection is withheld, no allegiance is due,
or can of right be demanded.
24. That whenever the lives and properties of a part of a community
have been manifestly aimed at by either the legislative or executive au-
thority of such community, necessity requires a separation. Your com-
mittee are of opinion that the foregoing has, for many years past, been
the conduct of the monopolizing land traders of the colony of New York;
and that they have been not only countenanced, but encouraged, by both
the legislative and executive authorities of the said state or colony.
Many overt acts, in evidence of this truth, are so fresh in the minds of
the members, that it would be needless to name them.
And whereas the Congress of the several states did, in said Congress,
on the fifteenth day of May, A. D. 1776, in a similar case, pass the follow-
ing resolution, viz. "Resolved, That it be recommended to the respec-
tive assemblies and conventions of the United Colonies, where no govern-
ment sufficient to the exigencies of their affairs hath been hitherto
established, to adopt such government, as shall, in the opinion of the rep-
resentatives of the people, best conduce to the happiness and safety of
their constituents in particular, and America in general,"¹-Your com-
1
¹ JOHN ADAMS originated this resolution for the purpose of suppress-
ing governments under the crown in the then United Colonies. It was
a practical assertion of independence, of which the act of July 4, 1776,
was the formal declaration. It was adopted by Congress on the 10th of
May, when Messrs. JOHN ADAMS, RUTLEDGE, and Richard Henry
LEE were appointed a committee to prepare a preamble. This commit-
tee reported the following, May 15, 1776 :
Whereas his Britannic majesty, in conjunction with the lords and com-
mons of Great-Britain, has, by a late act of parliament, excluded the in-
habitants of these United Colonies from the protection of the crown;
and whereas, no answer, whatever, to the humble petitions of the colo-
nies for redress of grievances and reconciliation with Great-Britain, has
been or is likely to be given, but, the whole force of that kingdom,
aided by foreign mercenaries, is to be exerted for the destruction of the
good people of these colonies; and whereas, it appears absolutely irrec-
Adjourned Session at Westminster, Jan. 15, 1777. 41
mittee, having duly deliberated on the continued conduct of the author-
ity of New York, before recited, and on the equitableness on which the
aforesaid resolution of Congress was founded, and considering that a
just right exists in this people to adopt measures for their own security,
not only to enable them to secure their rights against the usurpations of
Great-Britain, but also against that of New York, and the several other
governments claiming jurisdiction of this territory, do offer the follow-
ing declaration, viz.:
This Convention, whose members are duly chosen by the free voice of
their constituents in the several towns, on the New-Hampshire Grants,
in public meeting assembled, in our own names, and in behalf of our
constituents, do hereby proclaim and publicly declare that the district of
territory comprehending and usually known by the name and descrip-
tion of the New Hampshire Grants, of right ought to be, and is hereby
declared forever hereafter to be considered as a separate, free and inde-
pendent jurisdiction or state; by the name, and forever hereafter to be
called, known and distinguished by the name of NEW CONNECTICUT ;
[
and that the inhabitants that at present are, or that hereafter
oncilable to reason and good conscience, for the people of these colonies
now to take the oaths and affirmations necessary for the support of any
government under the crown of Great-Britain, and it is necessary that
the exercise of every kind of authority under the said crown should be
totally suppressed, and all the powers of government exerted, under the
authority of the people of the colonies, for the preservation of internal
peace, virtue and good order, as well as for the defence of their lives,
liberties and properties, against the hostile invasions and cruel depreda-
tions of their enemies; therefore, resolved, &c.
This was adopted, and the resolution having thus been completed, the
preamble and resolution were ordered to be published-doubtless of the
date of May 15, 1776, as in the text.-Bancroft's History of the U. S.,
vol. vIII, p. 367; Journals of Congress, [1776,] vol. 11, pp. 158, 166.
¹Here, in the copy in Slade's State Papers, the words alias Vermont
are inserted; but that they could not have been in the original declara-
tion appears from the subsequent use of the name New Connecticut
alone, and from the proceedings in the convention of the 4th of June
following, when the name was changed to Vermont.-I. Allen's Ver-
mont, in Vt. Hist. Soc. Coll., vol. 1, p. 375; Early History, pp. 239, 497;
Vt. Hist. Soc. Coll., vol. 11, pp. xix–xxii.
In the page of I. ALLEN's history cited, Col. ALLEN professed to quote
substantially the language of the above declaration, and did not include
the words "alias Vermont." In p. 239 of the Early History, Gov. HALL
quoted the same declaration in the same way; and in pages 497 and fol-
lowing he gave five reasons for rejecting the alias, among which are
these, to wit: the very great improbability, not to say absurdity, of sup-
posing that two names would be given to a state; the fact that in the
residue of the Journal of the January Convention of 1777, not found in
Slade's State Papers, the State of "New Connecticut" is twice named
without an alias; that in the supplementary declaration of June 4, 1777,
published in the Connecticut Courant of June 30, the language used ut-
terly precludes the idea of an alias, inasmuch as the first section of the
42
General Conventions.
may become resident, either by procreation or emigration, within said
territory, shall be entitled to the same privileges, immunities and en-
franchisements as are allowed; and on such condition, and in the same.
manner, as the present inhabitants in future shall or may enjoy; which
preamble quotes the original declaration of the name as being "New
Connecticut" without an alias; the third section explains the reason of
the change of the name; and the resolution pendent declares “that the
said district shall now hereafter be called and known by the name of
VERMONT."
In the second volume of the Historical Society Collections, pp. xix-
xxi, Gov. HALL reiterated his views and added other quotations in de-
tail, making three strong points: first, that after adopting the original
declaration, Jan. 15, 1777, the Convention "Voted, That the Declaration
of NEW CONNECTICUT be inserted in the News Papers," and appointed
a committee to prepare an official declaration for the press, which was
done, and it was published in the Connecticut Courant of March 17, 1777.
This declaration concluded in these words: "The said state hereafter to
be called by the name of NEW CONNECTICUT." Second, that IRA
ALLEN, more than twenty years after the original declaration and the
change of the name of the State had been made, in his History of Ver-
mont (Vt. Hist. Soc. Collections, vol. I, p. 375,) quoted the original dec-
laration as giving the name of NEW CONNECTICUT without an alias;
and third, that in the same volume, (page 379) Mr. ALLEN stated in a
note that Dr. THOMAS YOUNG of Philadelphia gave the name VER-
MONT, subsequent to January 1777, as an "emblematical one, from the
French of Verd-mont, green mountains, &c.," and in the text stated that
"Fay, Chittenden, Allen, and Jones, returned from Congress, without
the decision of that body upon their petition [of Jan. 15, 1777,] in behalf
of the inhabitants, and brought with them Dr. YOUNG'S letter, printed
and published at Philadelphia, addressed to the inhabitants of Vermont."
This letter, said ALLEN, (Vt. Hist. Coll., vol 1, p. 382) was distributed
through the State, with a pamphlet of his own, soon after the return of
the Commissioners from Congress, and "measures were taken to convene
a convention at Windsor in June, 1777." This Convention, June 4,
1777, changed the name of the State from "New Connecticut " to Ver-
MONT, in accordance with Dr. YOUNG's suggestion. "Vermont,” then,
had never been thought of by the Convention in January, 1777.—See
Appendix, F.
While the proof sheets of these pages were in hand, the following
newly discovered evidence was communicated to the editor by Gov.
HALL. It will be observed that the first three documents were all dated
previous to the change of the name of the State, June 4, 1777, and of
course when it would be known, if so originally declared, as well by its
alias as by "New Connecticut."
The first is the record of a town meeting in Chester, Feb. 10-13, 1777.
Adjourned Session at Westminster, Jan. 15, 1777. 43
are, and forever shall be considered, to be such privileges and immuni-
ties to the free citizens and denizens as are, or, at any time hereafter,
may be allowed to any such inhabitants of any of the free and indepen-
Febr. 1777.
At a Town Meeting Regularly warned and held in Chester (by the
Desire of one Nathan Clark Esqr Chairman of a Convention held at
Dorset 30th of January 1777 as pr said Desire on file may appear) on
the Tenth Day of February 17771 Mr William Atwood chosen Moderator
and a Funeral prevented a full Meeting, the Inhabitants present thought
proper to adjourn ye meeting to ye Next Day being Febry 11th one
O Clock in ye Afternoon, the meeting was accordingly adjourned to meet
at ye Dwelling house of Mr Jonathan Tarbel Meet according to ad-
journment, but the inhabitants that went to ye Funeral not knowing
when ye meeting was to, it was Voted that ye meeting be adjourned to
the Thirteenth of said February and to meet at said place at One of ye
Clock afternoon and that the Inhabitants present be Desired to Inform
the Inhabitants not present It was accordingly adjourned Meet ac-
cording To adjournment the Moderator not being present Thos Chand-
ler Esq" was chosen Moderator in his Room it being a full meeting and
after a long Debate, Voted to Send One Delegate as Desired, the Votes
being given in & Sorted Lieut Jabez Sargeant was chosen by a great
majority Voted that said Sargeant act at said Convention Discretionery
for the good of the state of NEW CONNECTICUT and for the Town of
Chester according to the Best of his understanding
Voted that this meeting be Dissolved and it was accordingly Desolved.
Test,
THOS CHANDLER Clerk.
The foregoing is a true copy of an old Record appearing in Chester
"First Book of Records," on pages 56 and 57, as near as I am able to
give it.
Attest,
Chester, Dec. 10, '72.
NORMAN A. SMITH, Town Clerk.
Gen. Jacob Bayley to the New York Council of Safety.
In a letter dated Newbury, Feby. 19, 1777, Gen. Bayley spoke of the
proposed state of "NEW CONNECTICUT.”—Calendar of N. Y. Revolu
tionary Manuscripts, vol. 2, p. 150.
Extract from a Statement of Facts drawn up by CHARLES PHELPS of
Marlboro'.
“That on or about the 15 day of January 1777, a number of people
from sundry parts of said New Hampshire Grants, calling themselves
New Staters, or people in favor of a new State, met at Westminster in
the aforesaid County of Cumberland and State of New York, and de-
clared said District and the people inhabiting thereon to be a new State
by the name of NEW CONNECTICUT.
That all those who so met at Westminster aforesaid, and all the people
whom they pretended to represent, as well as all those who, by the ad-
vice of Doct. Thomas Young, afterwards held a convention at Windsor
in June, or at any other time during that year, and formed and estab-
lished a Constitution or plan of government for what, by his advice also,
they called VERMONT-i. e., the people of the Green Mountains-did
not amount to one-hundredth part of the inhabitants of New York
¹This "Convention" was probably a meeting of a committee.
44
General Conventions.
dent states of America; And that such privileges and immunities shall
be regulated in a bill of rights, and by a form of government, to be es-
tablished at the next adjourned session of this convention.
10th. Voted, N. C. D., to accept the above declaration.
"To the honorable the chairman and gentlemen of the convention: your com-
mittee appointed to take into consideration what is further necessary to be
transacted at the present convention, bey leave to report, viz.
That proper information be given to the honorable Continental Con-
gress of the United States of America, of the reasons why the New-
State."-Manuscript in possession of Hon. JAMES H. PHELPS, grand-
son of CHARLES PHELPS.
Both of the letters, from which the following extracts are taken,
were written after the name of "New Connecticut" had been changed
to VERMONT, [June 4, 1777,] and more than five months after the pre-
tended christening of "New Connecticut alias Vermont.” The N. Y.
delegates had seen and combatted the petition and declaration and com-
missioners of the new State in Congress, all ordained and appointed in
January, 1777, and yet they had never heard of the alias. It is "passing
strange," if there was an alias.
Extract from a Letter from JAMES DUANE, and other N. Y. Delegates
in Congress to the N. Y. Council of Safety, dated Philadelphia, 8 July,
1777.
[Supposing the Council might not wish the decision of Congress in re-
gard to "their revolted subjects published just at that time "—i. e. the
resolutions of June 30, 1777,-they write :
"From these considerations, we shall refrain from communicating a
single copy; but it must be remembered that Mr. ROGER SHERMAN,
who is gone to the Eastward, was furnished with one, and there is too
much reason to apprehend that he may forward it to his friends in NEW
CONNECTICUT.”—Journals N. Y. Cong., vol. I, p. 999.
Extract of a Letter from JAMES DUANE to N. Y. Council of Safety,
dated Philadelphia, 10 July, 1777.
[ Says he has seen the Connecticut Courant of 30th June, 1777, and
adds,]
It contains a new and extraordinary declaration from a part of our
State which is attempted to be wrested out of our jurisdiction and which
is dubbed the STATE OF VERMONT, a name hatched for it in Philadel-
phia. It is evident the plan has been laid here under the direction of
Doctor YOUNG, and too probably of some others of more consequence,"
&c.-Journal Cong. N. Y., vol. 1, p. 1000.
It is obvious that opponents of Vermont residing in the State, and the
New York delegates in Congress in 1777, understood this matter pre-
cisely as Gov. HALL has represented it in his history, and in the first
and second volumes of the Collections of the Vermont Historical So-
ciety.
The editor now proposes to enlarge somewhat upon a suggestion made
by Gov. HALL in the second volume of the Historical Society Collections,
Adjourned Session at Westminster, Jan. 15, 1777. 45
Hampshire grants have been declared a free state, and pray the said Con-
gress to grant said state a representation in Congress; and that agents
be appointed to transfer the same to the said Congress, or the committee
p. xx, that, after the change of the first name of the State, "the words
alias Vermont were added by way of explanation that New Connecticut
had become Vermont, and without the expectation that the added words
would be treated as part of the original record." It is a curious fact,—
and in this relation a very important one, as showing that the addition
of" alias Vermont" to the record, after the name had been changed, was
in accordance with the previous practice of the clerk-that on a former
occasion the original record of the convention had been altered to cor-
respond to an amendment subsequently made. July 24, 1776, the Dorset
Convention adopted a resolution in respect to the Association for na-
tional defense, (ante, p. 23,) which was amended at the next session,
Sept. 25, 1776, (ante, p. 28;) but instead of allowing the two votes to stand
on the record, the last modifying the first and the record correcting itself,
Dr. FAY, the Secretary, changed the record of the first vote so as to embrace
the amendment. Moved by a like motive, the editor believes that Doct.
FAY changed his copy of the record of the declaration of January 17,
1777, after the Convention of June 4, 1777, had changed the name of the
State. It is a singular fact, if the alias really existed for five months,
that there is no evidence that it was ever published as a part of the do-
ings of the Convention until the History of Vermont by Dr. WILLIAMS
appeared in 1794; while again and again, in the Connecticut Courant,
which was the official organ of Vermont until 1783, and in letters of our
own citizens and of citizens of New York, the State was uniformly
named as New Connecticut, without an alias. If, then, the change sug-
gested was made by Doct. FAY, and that became public, from that moment
of course the alias would begin to appear publicly, and thus would be
perpetuated to the annoyance of all men of good taste, and to the plague
of historians. This is precisely what has happened. Doct. FAY did not
keep the original minutes or record of the Convention of Jan. 1777, be-
cause, according to the certificate of JOSEPH FAY, (post,) the minutes,
both of the Conventions and of the early sessions of the Council of
Safety, were in the possession of IRA ALLEN. It is known, however,
that Doct. FAY did have what purported to be a copy of minutes of Con-
ventions, in part of an old account book in which he had made profes-
sional charges. This was once in the possession of Hon. JAMES H.
PHELPS, and from it were copied some of the very valuable contribu-
tions he has made to the history of the Conventions. In Williams's
Vermont, vol. II, pp. 450-453, will be found the proceedings, in part, of
the Convention of Jan. 15, 1777, precisely as in Slade's State Papers, pp.
68-70, including the error as to the representation of Dummerston and
Putney; and at the end of it Doct. WILLIAMS added: “Original records
of the Convention, p. 62-68; in the hands of Jonas Fay of Bennington."
46
General Conventions.
be filled up that are already appointed, and that a committee be ap-
pointed to draw the draught: That a committee of war be appointed on
the east side of the mountains, to be in conjunction with the committee
of war on the west side of the mountains, to act on all proper occasions:
That some suitable measures be taken to govern our internal policy for
the time being, until more suitable measures can be taken; that some
suitable way be taken to raise a sum of money to defray the expences of
the agents that are to go to Congress; and for printing the proceedings
of the convention, which, we are of opinion, ought to be printed. All
which is humbly submitted to the convention, by your committee.
11th.
12th.
By order of the Committee,
THOMAS CHANDLER, Chairman."
Voted, N. C. D., to accept the above report.
Voted, That the Declaration of New Connecticut be inserted
in the News Papers.
13th. Voted, That Captain Heman Allen, Colo Thomas Chandler, and
Nathan Clark, Esq., be a Committee to prepare the Declaration for the
Press as soon as may be.
14th. Voted, That Doct. Jonas Fay, Colo Thomas Chittenden, Doct.
Reuben Jones, Colo Jacob Bailey, and Capt. Heman Allen be the Dele-
gates to carry the remonstrance and Petition to the Honble Continental
Congress and further to negociate Business in behalf of New Connecti-
cut.
[15th. There is no fifteenth vote in the record. Mr. PHELPS suggests
that, probably through inattention, Dr. Fay did not designate any vote
of this convention by the number 15.]
16th. Voted, That Major Thomas Chandler, Mr. Stephen Tilden, Mr.
Ebenezer Hoisington, Mr. Joshua Webb, Lieut. Dennis Lockland, Mr.
Jotham Biglow, Colo Thomas Johnson, Mr. Elijah Gates and Nicholas
That this book was not the "original record” appears not only from Jo-
SEPH FAY'S certificate, but also from the error, and the fact that the
same book contained the list of delegates only, and not the proceedings, of
the Convention of June 4, 1777.-See list of delegates. That Convention
changed the name to VERMONT,, and as Doct. FAY seems not to have
recorded that change, it is reasonable to suppose that he memorized it by
adding the alias to the name previously adopted. Then in 1794 first ap-
peared the alias Vermont, so far as the editor has been able to ascertain.
Apparently it was stated on official authority, and yet it must be counted
only as a memorandum made by Doct. FAY to commemorate the two
names—that of January and that of June, 1777. IRA ALLEN'S History
succeeded WILLIAMS's, but ALLEN, who knew the facts, gave no coun-
tenance to the alias, but explained both names by a simple, logical, and
accurate statement. SLADE followed WILLIAMS, and perpetuated the
mistake; and B. H. HALL, HENRY B. DAWSON, and others, have fol-
lowed in the train. It remained for HILAND HALL to correct the error,
and he has done so effectually. To many readers this note will seem to
be too prolix; but by those best informed it will be accepted and excused
as a just vindication from a malicious sarcasm on "Vermont history as
written by Vermonters."-See N. Y. Historical Magazine, for January,
1871, by HENRY B. DAWSON.
Adjourned Session at Westminster, Jan. 15, 1777.
47
White, be a Committee of War to act in conjunction with the Commit-
tee of War already chosen. ¹
17th. Voted, That it is recommended to each town in Cumberland and
Gloucester Counties to choose new Committees of Safety where the
Towns are disaffected with the [existing] Committees; and in other
Towns to let the Committees stand for the time Being."
18th. Voted, That Capt. Heman Allen, Doct. Jonas Fay, Mr. Joshua
Webb, and Major Thomas Moredock be a Committee to procure each
one hundred dollars for to defray the expenses of the delegates that are
appointed to go to the Continental Congress according to the report of
the Committee of Proceedings.
19th. Voted, That Mr. Ebenezer Hoisington, Mr. Benja Emmonds,
Lieut. Leonard Spaulding, and Mr. Stephen Tilden be a Committee to
draw a letter forbidding the Delegates from Cumberland County sitting
in the Honble Provincial Congress of the State of New York.
20th. Voted, That the Committee that are to make the above Draught
are empowered to annex the Chairman's name by order of the Conven-
tion.
21st. Voted, That it is the ardent wish of this Convention that each
Town in this State would send Delegates to the Convention at their
next sitting. Those Towns that have not chose any to choose and
send.
LETTER AS PER NINETEENTH VOTE.
WESTMINSTER, 17th Jany, 1777.
Gentlemen :—The General Convention consisting of Delegates from
the several Counties and Towns through the tract of Land known by the
name of the New Hampshire Grants have met according to adjournment
at Westminster the 16th. inst., and have resolved and declared the above
District of Land shall hereafter be a distinct State or Government, and
the Inhabitants thereof have full authority to make such laws as they
shall from time to time think fit.
The said Convention therefore desire and request that you will on sight
hereof withdraw yourselves from the Convention of the State of New
York, and appear there no more in the character of Representatives for
the County of Cumberland ; as you were not chosen by a Majority of the
people at large.
Gentlemen I am your most obedient
Humble Servant,
EBENEZER HOISINGTON, Chairman Sub-Committee.
Messrs. John Sessions and Simon Stephens.³
By order of Convention,
JOSEPH BOWKER, Chairman.
'Referring to the Board of War appointed Sept. 27, 1776.
* Meaning doubtless Committees of Safety appointed under the advice
of the Committee of Safety of New York.
³ June 20, 1776, Col. Joseph Marsh, Deacon John Sessions, and Simon
Stevens, Esq., were appointed "Representatives to go to New York," by
the Cumberland County Committee of Safety, and not by the people.
Sessions was returned again for the session of Aug. 18, 1779, with Elka-
nah Day and Micah Townshend; Joel Bigelow, Elijah Prouty, and
William Shattuck were returned for the session of Jan. 21, 1784, which
48
General Conventions.
22d. Voted, To adjourn this Convention to the first Wednesday of June
next to be held at the Meeting-House in Windsor at nine o'clock in the
forenoon.
By order of Convention,
Attest, IRA ALLEN, Clerk.
A true copy from the original.
JOSEPH BOWKER, Chairman.
THE DECLARATION AND PETITION TO CONGRESS.
The following declaration and petition, in accordance with the resolu-
tions of the convention of the 15th of January, announcing the territory
of the New Hampshire Grants to be a free and independent State, was
presented to the Continental Congress, by the Committee appointed for
that purpose, on the 8th of April, 1777 :
To the Honorable the Continental Congress
The declaration and petition of that part of North America, situate
south of Canada line, west of Connecticut river, north of the Massachu-
setts Bay, east of a twenty mile line from Hudson's river, containing
about one hundred and forty-four townships, of the contents of six miles
square, each, granted your petitioners by the authority of New Hamp-
shire, besides several grants made by the authority of New York, and a
quantity of vacant land, humbly sheweth,
That your petitioners, by virtue of several grants made them by the
authority aforesaid, have, many years since, with their families, become
actual settlers and inhabitants of said described premises; by which it
is now become a respectable frontier to three neighboring states, and is
of great importance to our common barrier Tyconderoga; as it has fur-
nished the army there with much provisions, and can muster more than
five thousand hardy soldiers capable of bearing arms in defence of Amer-
ican liberty:
is the last representation of Cumberland County in New York. Col.
Marsh seems to have retired in 1776 or early in 1777, as he was a mem-
ber of the Windsor Convention in July, 1777, and in March 1778 was
elected Lieut. Governor of Vermont. In 1783 Stevens was a represent-
ative in the Vermont Assembly; also a delegate in the Vermont Con-
vention of 1791, which adopted the Constitution of the United States.
To Mr. Stevens is probably due the preservation of what are now known
as "the Pingrey Papers."-See Eastern Vermont.
Dea. Sessions represented Westminster in the Vermont Assembly in
1787. An anecdote recorded in Graham's Letters and Eastern Vermont
illustrates the deacon's position. A member of parson Bullen's church
in Westminster had shot a bear in his cornfield on Sunday, and for
this, excommunication was voted. When the parson attempted to read
this document in church, the accused, fully armed and equipped, rose to his
feet and brought his musket to bear on the parson's person. This was
too shocking for the nerves of the parson, who therefore handed the
paper to deacon Sessions, asking him to read it. The deacon declined,
saying-" All things are lawful unto me, but all things are not expe-
dient." It was not expedient for the deacon to adhere to New York.
Adjourned Session at Westminster, Jan. 15, 1777. 49
That shortly after your petitioners began their settlements, a party of
land-jobbers, in the city and state of New York, began to claim the
lands, and took measures to have them declared to be within that juris-
diction:
That on the 20th day of July, 1764. the king of Great-Britain did pass
an order in council, extending the jurisdiction of New York government
to Connecticut river, in consequence of a representation made by the
late lieutenant governor Colden, that for the convenience of trade, and
administration of justice, the inhabitants were desirous of being an-
nexed to that state:
That on this alteration of jurisdiction, the said lieutenant governor
Colden did grant several tracts of land in the above described limits, to
certain persons living in the state of New York, which were, at that
time, in the actual possession of your petitioners; and under color of
the lawful authority of that state, did proceed against your petitioners,
as lawless intruders upon the crown lands in their province. This pro-
duced an application to the king of Great Britain from your petitioners,
setting forth their claims under the government of New-Hampshire, and
the disturbance and interruption they had suffered from said post claim-
ants, under New-York. And on the 24th day of July, 1767, an order
was passed at St. James's, prohibiting the governors of New-York, for
the time being, from granting any part of the described premises, on
pain of incurring his Majesty's highest displeasure. Nevertheless the
same lieutenant governor Colden, governors Dunmore and Tryon, have,
each and every of them, in their respective turns of administration, pre-
sumed to violate the said royal order, by making several grants of the
prohibited premises, and countenancing an actual invasion of your peti-
tioners, by force and arms, to drive them off from their possessions.
The violent proceedings, (with the solemn declaration of the supreme
court of New-York, that the charters, conveyances, &c. of your petition-
ers' lands, were utterly null and void,) on which they were founded, re-
duced your petitioners to the disagreeable necessity of taking up arms,
as the only means left for the security of their possessions. The conse-
quence of this step was the passing twelve acts of outlawry, by the leg-
islature of New-York, on the ninth day of March, 1774; which were not
intended for the state in general, but only for the part of the counties of
Albany and Charlotte, viz. such parts thereof as are covered by the New-
Hampshire charters.
Your petitioners having had no representative in that assembly, when
these acts were passed, they first came to the knowledge of them by pub-
lic papers, in which they were inserted. By these, they were informed,
that if three or more of them assembled together to oppose what said as-
sembly called legal authority, that such as should be found assembled, to
the number of three or more, should be adjudged felons: And that, in
case they, or any of them, should not surrender himself or themselves to
certain officers appointed for the purpose of securing them, after a warn-
ing of seventy days, that then it should be lawful for the respective judges
of the supreme court of the province of New-York, to award execution
of Death, the same as though he or they had been attainted before a
proper court of judicatory. These laws were evidently calculated to in-
timidate your petitioners into a tame surrender of their rights, and such
a state of vassalage, as would entail misery on their latest posterity.
It appears to your petitioners, that an infringement on their rights is
still meditated by the state of New-York; as we find that in their general
convention at Harlem, the second day of August last, it was unanimously
voted, “That all quit-rents, formerly due and owing to the crown of Great-
5
50
General Conventions.
Britain within this state, are now due and owing to this convention, or
such future government as may hereafter be established in this state."
By a submission to the claims of New-York your petitioners would be
subjected to the payment of two shillings and sixpence sterling on every
hundred acres aunually; which, compared with the quit-rents of Living-
ston's, Phillips's, and Ransalear's manors, and many other enormous tracts
in the best situations in the state, would lay the most disproportionate
share of the public expense on your petitioners, in all respects the least
able to bear it.
The convention of New-York have now nearly completed a code of
laws, for the future government of that state; which, should they be at-
tempted to be put in execution, will subject your petitioners to the fatal
necessity of opposing them by every means in their power.
When the declaration of the honorable the Continental Congress, of
the fourth of July last past, reached your petitioners, they communicated
it throughout the whole of their district; and being properly apprised of
the proposed meeting, delegates from the several counties and towns
in the district, described in the preamble to this petition, did meet at
Westminster in said district, and after several adjournments, for the pur-
pose of forming themselves, into a distinct and separate state, did make
and publish a declaration, "that they would, at all times thereafter, con-
sider themselves as a free and independent state, capable of regulating
their own internal police, in all and every respect whatsoever; and that
the people, in the said described district, have the sole, exclusive right of
governing themselves in such a manner and form as they, in their wis-
dom, should choose; not repugnant to any resolves of the honorable the
Continental Congress." And for the mutual support of each other in the
maintenance of the freedom and independence of said district or separate
state, the said delegates did jointly and severally pledge themselves to
each other, by all the ties that are held sacred among men, and resolve
and declare that they were at all times ready, in conjunction with their
brethren of the United States, to contribute their full proportion towards
maintaining the present just war against the fleets and armies of Great-
Britain.
To convey this declaration and resolution to your honorable body, the
grand representatives of the United States, were we (your more imme-
diate petitioners) delegated by the united and unanimous voices of the
representatives of the whole body of the settlers on the described premi-
ses, in whose name and behalf, we humbly pray, that the said declaration
may be received, and the district described therein be ranked by your
honors, among the free and American states, and delegates therefrom
admitted to seats in the grand Continental Congress ;.and your petition-
ers as in duty bound shall ever pray.
New Hampshire Grants, Westminster, Jan. 15th, 1777.
Signed by order, and in be-
half of said inhabitants,
JONAS FAY,
THOMAS CHITTENDEN,
HEMAN ALLEN,
REUBEN JONES.
THE REVISED DECLARATION OF INDEPENDENCE.
The following is the declaration of independence as "prepared for the
press," by the committee appointed for that purpose in obedience to the
12th and 13th votes of the January Convention. It was published in the
Connecticut Courant of March 17, 1777, and was not satisfactory to the
Adjourned Session at Westminster, Jan. 15, 1777.
51
subsequent convention of the 4th of June, for the reason that it omitted
to state the causes for the separation from New York, as will be seen by
the proceedings of that body.
VERMONT'S DECLARATION OF INDEPENDENCE.
In Convention of the representatives from the several counties and
towns of the New Hampshire Grants, holden at Westminster, January 15,
1777, by adjournment.
Whereas the Honorable the Continental Congress did, on the 4th day
of July last, declare the United Colonies in America to be free and inde-
pendent of the crown of Great Britain; which declaration we most cor-
dially acquiesce in: And whereas by the said declaration the arbitrary
acts of the crown are null and void, in America, consequently the juris-
diction by said crown granted to New York government over the people
of the New-Hampshire Grants is totally dissolved:
We therefore, the inhabitants, on said tract of land, are at present with-
out law or government, and may be truly said to be in a state of nature;
consequently a right remains to the people of said Grants to form a gov-
ernment best suited to secure their property, well being and happiness.
We the delegates from the several counties and towns on said tract of
land, bounded as follows: South on the North line of Massachusetts Bay;
East on Connecticut river; North on Canada line; West as far as
the New Hampshire Grants extends :
After several adjournments for the purpose of forming ourselves into
a distinct separate state, being assembled at Westminster, do make and
publish the following Declaration, viz. :
"That we will, at all times hereafter, consider ourselves as a free and
independent state, capable of regulating our internal police, in all and
every respect whatsoever-and that the people on said Grants have the
sole and exclusive and inherent right of ruling and governing them-
selves in such manner and form as in their own wisdom they shall think
proper, not inconsistent or repugnant to any resolve of the Honorable
Continental Congress.
66
Furthermore, we declare by all the ties which are held sacred among
men, that we will firmly stand by and support one another in this our
declaration of a state, and in endeavoring as much as in us lies, to sup-
press all unlawful routs and disturbances whatever. Also we will en-
deavor to secure to every individual his life, peace and property against
all unlawful invaders of the same.
66
Lastly we hereby declare, that we are at all times ready, in conjunc-
tion with our brethren in the United States of America, to do our full
proportion in maintaining and supporting the just war against the tyran-
nical invasions of the ministerial fleets and armies, as well as any other
foreign enemies, sent with express purpose to murder our fellow breth-
ren, and with fire and sword to ravage our defenceless country.
The said state hereafter to be called by the name of NEW CONNEC-
TICUT."1
Extract from the minutes.
¹See note and references, ante, p. 41-46.
IRA ALLEN, Clerk.³
2 B. H. HALL, in Eastern Vermont, p. 283, note, says:
The Convention, after sitting from the 15th to the 22d of January, ad-
journed to meet at Windsor on the first Wednesday in June following.
There appears, however, to have been a meeting intermediate.
was issued on the 30th of January by Nathan Clark, for a Convention at
A call
52
General Conventions.
ADJOURNED SESSION AT WINDSOR,
JUNE 4, 1777.
[From Vt. Hist. Soc. Collections, Vol. I.]
Of this Convention no full journal has been found, though the record
of a portion of its proceedings has been preserved. It was held by ad-
journment from the convention of the preceding 15th of January. Only
the following accounts of its proceedings (numbered one to five) have
been obtained.
I. NEWSPAPER NOTICE FOR ITS ASSEMBLING.
In the Connecticut Courant of the 14th of April, 1777, the following no-
tice appears :
In convention of the representatives from the several counties and
towns in the New Hampshire Grants holden at Westminster, 15th Janu-
ary, 1777, by adjournment, voted unanimously-
That it is the ardent wish of this convention that each town in the
district would send a delegate or delegates to the next sitting of this
convention, those towns that have not chosen any delegates to choose
Dorset, and by the records of the town of Chester, it seems that Lieut.
Jabez Sargeant was chosen on the 13th of February, to attend the spe-
cial Convention, and act “for the good of the state of New Connecticut,
and for the town of Chester, according to the best of his understanding."
Ms. Records of Chester. Slade's State Papers, pp. 68–73.
The pages of the State Papers cited contain the proceedings of the
Convention of Jan. 15, 1777. If any Convention met, as suggested, it is
certain that its record has neither been preserved until this time nor
referred to in preceding days. Mr. Hall does not state when the Conven-
tion called by Nathan Clark was to be held, but the place is Dorset, in-
stead of Windsor. Otherwise the editor would suggest that possibly
Mr. Clark's "call" was rather an urgent request for the appointment
of delegates to the then forthcoming Windsor Convention of June
4. Jabez Sargeant did represent Chester in that Convention. Perhaps a
meeting earlier than June had been contemplated for some special pur-
pose, but was abandoned.
The Warrant for the Convention of Jan.
16, 1776, shows that this happened more than once in 1775.
Adjourned Session at Windsor, June 4, 1777.
53
and send. This convention is adjourned to the first Wednesday of June
next, to be held at the meeting-house Windsor, at nine o'clock in the
morning."
Extract from the minutes.
IRA ALLEN, Clerk.
*Nonresidents, that have a desire to attend the above convention,
are hereby notified of the same. Said convention was formed to govern
the internal police of said district, and if thought proper to form said
district into a state.
II.
ORGANIZATION AND LIST OF MEMBERS.
[From the manuscript of the Hon. JAMES H. PHELPS, published in Vt. Hist. Soc. Coll. Vol. I.]
NEW HAMPSHIRE GRANTS (alias)
NEW CONNECTICUT ;
}
WINDSOR, June 4th, 1777.
Convention opened according to adjournment.
PRESENT THE FOLLOWING MEMBERS.
Capt. JOSEPH BOWKER in the Chair.
1st. Voted, Lieut. Martin Powell, Assistant Clerk.
Lt. John Southerland,
Capt. Joseph Bowker.
Nathan Clark, Esq.,
Tin-
Capt. Ebenezer Allen.
Benning- Mr. Simeon Hathaway,
mouth,
ton,
Capt. John Burnham,
Benja Spencer,
Doct. Jonas Fay.
Claren-
Whitefield Foot,
Major
Part.
+
Shafts-
Major Jeremiah Clark,
don,
Joseph Smith,
bury,
Mr. Gideon Olin.
Stephen Place,
Minor
Part.
ton,
Arling- 1 Capt.Ebenezer Willough-
Mr. Abel Benedict. [by,
Rutland,
land,
Sunder-Lieut. Joseph Bradley,
Mr. Eli Bronson.
Man-
Mr. Thomas Bull,
chester,
Dorset,
Rupert,
Pawlet,
Wells,
Lieut. Martin Powell.
Mr. Cephas Kent.
( Doct. Gaius Smith,
Mr. Moses Robinson.
Capt. William Fitch,
7 Capt. Jonathan Willard.
Mr. Caleb Smith.
|
Pittsford, Capt. Jonth Fassett.
Neshobee,)
[or Capt. Josiah Powers.
Brandon]
Whiting, Capt. Josiah [Jeremiah]
Powers.¹
Cornwall, Mr. Gamaliel Painter.
Colches-Capt. Ira Allen,
ter, Capt. Heman Allen.
Williston, Colo Thomas Chittenden.
Wil-
mington,
Poultney, Capt. Zebediah Dewey.
Castle (By a letter from sd Town
acquiescing in forming a Halifax,
New State.
ton,
Hub-
bardton,
Danby,
}
Mr. Jesse Churchill.
Capt. William Gage.
Mr. Wm. Mellen.
Doctr Wm. Hill.
Guilford
Colo Benja Carpenter,
Capt. John Barney.
Brattle-
borough, Lt. Israel Smith.
¹ Doubtless"Josiah Powers" of Whiting should be Capt. Jeremiah
Powers. See page 55, where that name is given. Josiah Powers repre-
sented Brandon in this convention, and also in the Legislature of Oct.
1778.
54
General Conventions.
merston, S
Towns-
hend,
Mr. John Dyer.
Dum- Lt. Leonard Spaulding.
Sharon,{
Kent,
Joel Marsh, Esq.,
Mr. Daniel Gilbert.
minster, Nath' Robinson, Esq.
Putney, Mr. Dennis Lockland.
West-
[or
London-
Mr. Edward Aiken.
derry,]
Caven-
dish,
Capt. John Coffrin, [Cof-
fein.]
Rocking Doct. Reuben Jones.
ham,
Chester, Lt. Jabez Sargent.
Windsor, Mr.Ebenezer Hoisington
Hertford, Majr Joel Matthews,
[or
Hartland,])
Wood-
Mr. Wm. Gallup.
stock, Mr. Benja Emmonds.
Hart- Colo Joseph Marsh,
Bromley)
[or Capt. William Utley.
Peru,]
Thetford, Lt. Abner Chamberlain.
Stratford, Mr. Frederick Smith.
Fairlee, Mr. Amos Woodworth.
Moor-
Doct. Bildad Andross,
town,
ford,
Mr. Stephen Tilden.
For
Brad-
Pomfret,
S John Throop,
[Esq.
Mr. Benja Baldwin.'
John Winchester Dana,
ford,]
Mr. Asa Whitcomb,
Corinth,
By a letter acquiescing
Barnard
Mr. Asa Chandler.
New-
Colo Peter Olcott,
Norwich Maj" Thomas Moredock,
bury,
in a State.
Mr. John G. D. Bailey,
Capt. Robert Johnson.
Mr. Jacob Burton.
Reading,
Mr. Andrew Spear.2
III. FURTHER PROCEEDINGS-NAME VERMONT.”
[From the Connecticut Courant of June 30, 1777.]
STATE OF VERMONT,
}
In General Convention, Windsor, June 4, 1777.
Whereas, This convention did at their session in Westminster, the 15th
day of January last, among other things, declare the district of land com-
monly called and known by the name of the New Hampshire Grants, to
be "
a free and independent state capable of regulating their own inter-
nal police in all and every respect whatsoever, and that it should there-
after be known by the name of NEW CONNECTICUT :"
¹ Mooretown, now Bradford, in a regular town meeting May 29, 1777,
"Voted to send Bildad Andross and Benjamin Baldwin to the conven-
tion at Windsor, to take measures for the formation of a new State."
-Copy from the town records in Vt. Historical Magazine, vol. II, p. 816.
Here ends the manuscript of Mr. PHELPS, to which he appends the
words:
66
'Copied from the original record November 18th, 19th and 20th, 1862,
by JAMES H. PHELPS."
The record from which Mr. Phelps' copy was taken was certified by
Jonas Fay, the standing clerk of the convention. It was only tempora-
rily in the possession of Mr. Phelps, and is not known to be now in ex-
istence.
Adjourned Session at Windsor, June 4, 1777.
55
And whereas, By mere accident, or through mistake, the said declara-
tion alone was published in the Connecticut Courant, No. 634, dated March
17th, 1777, without assigning the reasons which impelled the inhabitants
to such separation :
And whereas, This convention have been informed that a district of
land lying on the Susquehanna river, has been heretofore and is now
known by the name of New Connecticut, which was unknown to them
until some time since the declaration at Westminster aforesaid; and as
it would be inconvenient in many respects for two separate districts on
this continent to bear the same name :
Resolved, Therefore, unanimously, that the said district described in
the preamble to the declaration at Westminster, aforesaid, shall now
hereafter be called and known by the name of VERMONT.
And whereas, The whole body of members which compose this conven-
tion, consisting of the following persons, viz.:
Capt. Joseph Bowker, President,
Mr. Simeon Hathaway,
Dr. Jonas Fay, Secretary,
Mr. Gideon Ölin,
Mr. Abel Benedict,
Mr. Eli Brownson,
Mr. Thomas Bull,
Mr. Moses Robinson, 24,
Captain William Fitch,
Mr. Caleb Smith,
Mr. Jesse Churchill,
Capt. Ebenezer Allen,
Mr. Whitefield Foot,
Mr. Stephen Place,
Capt. Jonathan Fassett,
Mr. Gamaliel Painter,
Capt. Ira Allen,
Mr. William Mellen,
Col. Benjamin Carpenter,
Mr. Israel Smith,
Mr. Dennis Lockland,
Mr. Joshua Webb,
Mr. Jabez Sargeant,
Capt. William Utley,
Capt. William Curtis,
Capt. William Gallop,
Mr. Stephen Tilden,
Mr. John Throop,
Mr. Asa Whitcomb,
Col. Peter Olcott,
Mr. Jacob Burton,
Mr. Daniel Gilbert
Mr. Frederick Smith,
Dr. Bildad Andrus,
Mr. John G. D. Bailey,
Mr. Amaziah Woodworth,¹
Nathan Clark, Esq.,
Mr. John Burnham, Jun.,
Major Jeremiah Clark,
Capt. Ebenezer Willoughby,
Mr. Joseph Bradley,
Mr. Martin Powell,
Mr. Cephas Kent,
Mr. Gaius Smith,
Capt. Jonathan Willard,
Captain Zebediah Dewey,
Captain William Gage,
Benjamin Spencer, Esq.,
Mr. Joseph Smith,
Mr. John Sutherland,
Capt. Josiah Powers,
Capt. Heman Allen,
Col. Thomas Chittenden,
Dr. William Hill,
Capt. John Barney,
Mr. John Dyer,
Nathaniel Robinson, Esq.,
Dr. Reuben Jones,
Capt. John Coffin, [Coffein,]
Mr. Ebenezer Hosington,
Major Joel Matthews,
Mr. Benjamin Emmons,
Col. Joseph Marsh,
John W. Dana, Esq.,
Mr. Asa Chandler,
Major Thomas Moredock,
Joel Marsh, Esq.,
Mr. Abner Chamberlin,
Mr. Amos Woodworth,'
Mr. Benjamin Baldwin,
Capt. Robert Johnson,
Capt. Jeremiah Powers,
amounting to seventy-two in number, being all convened at the town
house in Windsor, aforesaid, and the motion being made and seconded,
¹In the preceding list of delegates, the only Woodworth named is Amos,
whose name is also in this list with that of Amaziah.
56
General Conventions.
whether the house would proceed to business on the former declaration
made at Westminster, in January aforesaid, with this alteration only,
"that instead of NEW CONNECTICUT, the said district should ever be
known by the name VERMONT ;" That then the names of the representa-
tives being distinctly and severally called by the Secretary, seventy-one
of them did answer in the words following, viz. : “PROCEED TO FORM ;”
at which time and place the said seventy-one members did renew their
pledges to each other by all the ties held sacred among men, and resolve
and declare that they were at all times ready, in conjunction with their
brethren in the United States, to contribute their full proportion towards
maintaining the present just war against the fleets and armies of Great
Britain.
That the public may be capable of forming a just idea of the reasons
which so necessarily oblige the inhabitants of the district before describ-
ed to declare themselves to be separate and distinct from the state of
New York, the following complaints are hereto subjoined.
COMPLAINTS.
In the year 1764 the legislative authority of New York did obtain
jurisdiction over the before described territory of land, by virtue of a
false representation made by the late Lieut. governor Colden, that for
the convenience of trade and administration of justice the inhabitants
were desirous of being annexed to that government.
They have refused to make re-grants of the same lands to the original
proprietors and occupants, unless at the exorbitant rate of $2300 fees for
each township, and did enchance the quitrent three fold, and demanded
an immediate delivery of the title derived before from New Hampshire.
The judges of their supreme court have made a solemn declaration,
that the charters, conveyances, &c., of the lands included in the before
described premises, were utterly null and void, on which said title was
founded.
In consequence of which declaration, writs of possession have by them
been issued, and the Sheriff of the County of Albany sent at the head of
six or seven hundred armed men to enforce the execution thereof.
They have passed an act annexing a penalty thereto, of thirty pounds,
and fine and six months imprisonment, on any person who should refuse
attending the sheriff after being requested for the purpose of executing
writs of possession.
The governors, Dunmore, Tryon, and Colden, have made re-grants of
several tracts of land included in the premises, to certain favorite land-
jobbers in the government of New York, in direct violation of his Bri-
tannic Majesty's special orders in the year 1767.
They have endeavored and many times threatened to excite the king's
troops to destroy us.
They have issued proclamations wherein they have offered large sums
of money for the purpose of apprehending those persons who dared bold-
ly and publicly to appear in defence of their just rights.
They did pass twelve acts of outlawry on the 9th of March, A. D. 1774,
empowering the respective judges of their supreme court to award exe-
cution of death against those inhabitants in said district, that they should
judge to be offenders, without trial.
They have and still continue an unjust claim to those lands, which
greatly retards emigration into, and the settlement of this state.
They have hired foreign troops, emigrants from Scotland, at different
times, and armed them to drive us out of possession.
They have sent the savages on our frontiers to destroy us.
Adjourned Session at Windsor, June 4, 1777.
57
They have proceeded to erect the counties of Cumberland and Glou-
cester, and established courts of justice there, after they were discoun-
tenanced by the authority of Great Britain.
The free convention of the state of New York, at Harlem, in the year
1776, unanimously voted "that all quitrents formerly due to the king of
Great Britain, are now due and owing to this convention, or such future
government as shall be established in this state."
In truth, they, the late government of New York, have spared neither
cost or pains, nor been wanting in using every artful insinuation in
their power, (however unwarrantable by the laws of God or man,) to de-
fraud those inhabitants out of the whole of their landed property; and
nothing but consciences void of offence towards God and man, to whose
impartial judgment we appeal, could have induced those inhabitants to
have run the risk, and to have undergone the hardships and fatigues they
have borne, for the salvation of their lives, liberties and properties.
In the several stages of the aforesaid oppression, we have petitioned
his Britannic Majesty in the most humble manner for redress, and have,
at very great expense, received several reports in our favor; and in other
instances wherein we have petitioned the late legislative authority of
New York, these petitions have been treated with neglect. We shall
therefore only remind the public that our local situation alone is a suffi-
cient reason for our declaration of an independency, and must therefore
announce a separation from the state of New York, and refer the public.
to our declaration made the 15th day of January last, and published in the
Connecticut Courant, and sincerely wish that in future a lasting peace
may continue between the state of New York and this, with the other
United States of America.
By order of Convention.
JONAS FAY, Secretary.¹
IV. CONCERNING ELECTION OF DELEGATES.
A copy of the proceedings of this June convention, relating to the elec-
tion of delegates to a Constitutional Convention, appears to have been
forwarded to the several towns, which copy was as follows :
In convention of the representatives of the several counties and towns
in the state of Vermont, holden at Windsor on the 4th day of June, A.
D. 1777-
Whereas, this convention did at its sitting at Westminster on the 15th
day of January last make and publish a declaration that they would at
all times hereafter consider themselves as a free and independent state,
capable of regulating their own internal police in all and every respect
whatever :
And whereas no government sufficient to the exigencies of our
affairs has been hitherto established; Therefore it becomes abso-
lutely necessary for the safety, well being and happiness of the inhabi-
tants of this state to form such a government as shall, in the opinion of
the representatives of the people of this state, best conduce to the hap-
piness and safety of their constituents in particular and America in gen-
eral; and whereas the Honorable Continental Congress did, on the 15th
day of May, A. D. 1776, make and publish the within recommendation
for the express purpose of taking up government,
¹The foregoing from the Connecticut Courant is found, though with
numerous typographical errors, in the Appendix to J. D. BUTLER'S Ad-
dress of 1846, p. 31, 32, 33. See also H. Hall's Vt., pp. 244, 245, 246.
6
58
General Conventions.
Resolved, Therefore, that copies of the said recommendation be distri-
buted to the inhabitants of each town within this state; and that it be
and is hereby recommended to the freeholders and inhabitants of each
town in this state to meet at some convenient place in each town on the
23ª day of this instant June and choose delegates to attend a general
convention at the meeting-house in Windsor, within the said state, on
the second day of July next, to choose delegates to attend the general
Congress, a Committee of Safety, and to form a Constitution for said
state. By order of Convention.
pr copy,
JOSEPH BOWKER, President.¹
COMMITTEE TO REPAIR TO TICONDEROGA.
This convention at Windsor of June 4, 1777, [appointed a committee
to make a draft of a constitution,2] also appointed a committee consisting
¹ The resolution of the Continental Congress of May 15, 1776, referred
to above, is as follows:
،،
Resolved, That it be recommended to the respective assemblies and
conventions of the United Colonies, where no government sufficient for
the exigencies of their affairs hath been hitherto established, to adopt
such government as shall, in the opinion of the representatives of the
people, best conduce to the happiness and safety of their constituents in
particular and America in general."-See ante, p. 40.
2 These words are added to the statement in the Vermont Historical
Society Collections, vol. 1, p. 54, on the authority of Ira Allen, who was a
member of the convention.-See Ira Allen's History of Vermont, p. 92,
or Vt. Hist. Soc. Coll., vol. 1, p. 382. Who constituted the committee to
draft the Constitution is nowhere stated. Ira Allen says : [Jonas] “Fay,
[Thomas] Chittenden, [Heman] Allen, and [Reuben] Jones, returned
from Congress, without the decision of that body upon their petition in
behalf of the inhabitants. and brought with them Dr. Young's letter,
printed and published at Philadelphia, addressed to the inhabitants of
Vermont."-See Allen's History, p. 86, or Vt. Hist. Soc. Coll., vol. I, p.
379. Dr. Young wrote that he had " recommended to your committee the
constitution of Pennsylvania for a model," suggesting an alteration
making the executive body [Governor and Council] advisory simply, re-
serving the supreme legislative power to the General Assembly.-See Dr.
Young's letter, Appendix D. It would not be unreasonable to assume that
the Convention would select, as committee, the gentlemen who had been
in consultation with Dr. Young, and by whom he sent printed copies of
his letter to be distributed among the people of the expected state. On
that assumption, the committee consisted of Jonas Fay, Thomas Chitten-
den, Heman Allen, and Reuben Jones-perhaps with the addition of Ja-
cob Bayley, who had been appointed an agent to Congress with these gen-
tlemen. The names of all these except Allen appear in Pliny H. White's
list of delegates to the Convention which adopted the Constitution, and
all of them except Jacob Bayley were members of the Convention that
Adjourned Session at Windsor, June 4, 1777.
59
of "Col. William Marsh, James Mead, Ira Allen and Captain Salisbury,
to wait on the commander of Ticonderoga fort and consult with him
respecting the regulations and defense of the frontiers, and then ad-
journed to the 2d of July, 1777, at the same place. While the commit-
tee was at Ticonderoga, Gen. Burgoyne with his army appeared on the
lake, and resting at Crown Point, he sent a scout of about 300, mostly
Indians, to land at the mouth of Otter Creek, to annoy the frontiers of
the state. Gen. Poor refused to allow any troops to the committee for
the defense of the frontiers, but allowed Col. Warner to go with the
committee, who soon raised men sufficient to repel the assailants. All
who were members of the convention left the militia and repaired to
Windsor on the 4th [2d] of July, 1777.”¹
V. PROCLAMATION FOR A FAST.
A PROCLAMATION.
Since God has been pleased in his wisdom to visit the inhabitants of
this land with his just judgments by suffering our unnatural enemies to
wage war against us, the pestilence to prevail and the many other calam-
ities with which we are now threatened as a just reward for the many
pevailing sins committed against the Divine Law, we have sufficient
reason to believe calls aloud on his people for solemn Fasting and
Prayer. We have, therefore, thought fit to appoint and do hereby ap-
point Wednesday the 18th day of June instant to be observed as a day
of public fasting and prayer throughout this state, and do earnestly rec-
ommend to the good people thereof to observe the same as such, that we
may humble our hearts before God and implore Him to avert the im-
pending judgments, remove the sword of our unnatural enemies from
us, sanctify the awful frowns of Divine Providence, grant His blessings
appointed the agents to Congress. BENJAMIN FRANKLIN is "reported
to have been the author of the most remarkable feature of this Consti-
tution, that is, a single legislative assembly." Dr. Young was efficient in
securing the adoption of this feature in the first constitutions of Penn-
sylvania, Vermont, and Georgia, and it was adopted in the constitution
of the National Assembly in France. In Vermout, says Gov. HALL, Dr.
Young's "recommendation was followed." Possibly Dr. Y. himself
drafted the constitution, and the work of the committee was little if any-
thing more than nominal. The Convention at Windsor in July 1777 was
so excited and absorbed by the immediate danger from the enemy that
it could not be in the mood nor command the time necessary for mature
deliberation. There is no evidence of any amendment to the original
draft, except the addition of the preamble. The institution of a State
Committee of Safety, vested temporarily with the powers of the Gover-
nor and Council, was anticipated in the warning, and probably included
in the original draft of the Constitution.-See Sparks' Life of Franklin,
p. 408-410, and H. Hall's Early History of Vermont, p. 498–500.
¹I. Allen's Vt., p. 92, in Vt. Hist. Soc. Coll., vol. 1, p. 382.
60
General Conventions.
on our councils and arms and direct our generals, guard this state from
the invasions of the savages, direct in our election of members for estab-
lishing government, bless the labors of our hands, grant suitable seasons
for the year for seed-time and harvest and crown the year with His good-
ness, revive religion and virtue, Bless the ministers of the gospel and
water his churches with heavenly grace. And it is hereby recommended
to all the good people of this state to abstain from secular labor and re-
creation on that day.
Given at Windsor in the state of Vermont in General Convention, the
7th day of June Anno 1777.
By order,
JONAS FAY, Secretary.'
JOSEPH BOWKER, President.
VI. EXCLUSIVE JURISDICTION ASSUMED BY VERMONT.2
[Furnished by Hon. JAMES H. PHELPS from a paper given to him by the late HENRY STE-
VENS. Now printed for the first time.]
STATE OF VERMONT.
IN GENERAL CONVENTION, Windsor, June 4, 1777.
Resolved, That the keeper of the common gaol for the County of Cum-
berland within this State be and is hereby directed to keep in safe cus-
tody all Prisoners already committed by any legal authority within this
State until regularly discharged by this Convention or their further or-
der had thereon, and that for the future the said keeper be and is hereby
directed to observe such orders as he shall receive from either of the
Committees of Safety for either of the towns in this State during the
recess of this Convention.
Resolved, That the Chairman of the Committees of Safety for the
Counties of Cumberland and Gloucester immediately on sight hereof and
¹A manuscript copy of the above proclamation, certified by Martin
Powell, assistant clerk, is found in the office of the Secretary of State at
Albany, in volume 32, Miscellaneous, p. 54.
From the date of the above proclamation it would appear that the Con-
vention was in session not less than four days.
2 The truth of this most valuable addition to the proceedings of the
Convention is fully confirmed by the following:
On the 26th of June, 1777, the Cumberland County Committee of Safety
[under New York] appointed a committee to draft a "True Representation
of the Broken State of the Inhabitants of the County," which was done
on that day, and the document, signed by JAMES CLAY, Chairman, was
presented to the New York Council of Safety on the 15th of July. This
True Representation" declared :
That the Convention held at Windsor on the 4th day of June, in-
stant, for the purpose of establishing their new state of Vermont, have
taken into their possession the prison of this county, and have strictly
forbid all committees acting under the authority of the state of New
York, so that it is become impracticable for the county committee, or
any other committee, to proceed to any publick business in this county."
-See Eastern Vermont, pp. 294–296.
Adjourned Session at Windsor, June 4, 1777.
61
they are hereby directed and required to desist acting in such capacity
by virtue of any authority derived from the Honorable Convention of
the State of New York, and that their several associates are directed
strictly to observe the same.
Resolved, That the several Committees of Safety acting under the au-
thority of this State be and are hereby directed to take into their imme-
diate custody all such estates of enemical persons who have heretofore
or that may hereafter be by sufficient evidence proved to be such, which
estates are not already in custody by virtue of such authority, and them
safely keep for the use of this State during the recess of this Convention
except what may be sufficient to defray the necessary charges arising
for trial of such offender or offenders.
Resolved, That all Commissioners appointed by the authority of the
State of New York for the purpose of seizing the estates of enemical
persons for the use of that State, to the prejudice of this, be and hereby
are required to desist and surcease such commission or commission's
immediately on sight hereof, and they are hereby severally strictly for-
bid disposing of any such estate so seized within this State except what
is sufficient to defray the charge of trial, seizing, &c., until further order
from this Convention or the orders of the President or Vice President
of this State with his Council during the recess of this said Convention.
Resolved, That the Committees of the several towns in this State be
and are hereby empowered to seize and secure all and every person and
their estates that appear to be enemical to their country and to proceed
to trial in manner and form following:
That the Committee of any town in this State shall seize the person
and estate of any such suspected enemies and if on examination they
shall find just cause to proceed against the same they are hereby empow-
ered to call thirteen committee men from the adjacent towns including
the committee of said town. which are hereby empowered to try such
offender or offenders and give sentence against him or them and order
the said judgment to be put in execution-Provided the offender or
offenders is not worthy of death or other corporal punishment, in which
case the committees are empowered to imprison the offender or offenders
in the common gaol or gaols within this State, there to remain without
bail until a proper court shall be established in this State to try him or
them.
By order.
Extract from the minutes,
JONAS FAY, Sec'y.
A true copy,
Attest, LEONARD SPAULDING.¹
¹ Mr. Spaulding was the delegate from Dummerston. At a preceding
session of the Convention, in Sept. 1776, he had been appointed, with
Samuel Fletcher, "to notify Townshend, Putney, New Fane and Dum-
merston," which seems to have been done by furnishing written copies
of the proceedings of the Conventions. There was then no printing
office in the State.
THE CONVENTION AT WINDSOR,
JULY 2-8, 1777.
Of this Convention-unsurpassed in importance by any other in the
State, in that it established a constitution and frame of government--
no official record, and no full and satisfactory unofficial account even, has
ever been published. Dr. WILLIAMS, the earliest historian of Vermont,
[1794,] wrote his history when many of the members of the Convention
were living, but the only allusion he makes to that body consists of the
facts that it was sitting at Windsor on the 4th of July, 1777, and "their
committee wrote in the most pressing terms, July 8, [3,] to the Commit-
tee of Safety at Exeter, in New Hampshire, for assistance" against the
invasion by a British force.'¹
IRA ALLEN was a member of the Convention, and certainly was so fa-
miliar with all that occurred in it that he could have given a detailed
account, but in 1798 he wrote a few lines only as a record, as follows:
A draft of a constitution was laid before the Convention, and read.
The business being new, and of great consequence, required serious de-
liberation. The Convention had it under consideration when the news
of the evacuation of Ticonderoga arrived, which alarmed them very
much, as thereby the frontiers of the State were exposed to the inroads
of an enemy. The family of the President of the Convention, as well
as those of many other members, were exposed to the foe. In this aw-
ful crisis the Convention was for leaving Windsor, but a severe thunder-
storm came on, and gave them time to reflect, while other members, less
alarmed at the news, called the attention of the whole to finish the Con-
stitution, which was then reading paragraph by paragraph for the last
time. This was done, and the Convention then appointed a Council of
Safety to act during the recess, and the Convention adjourned.²
WILLIAM SLADE [1823,] and ZADOCK THOMPSON, [1824, 1842, 1853,]
adopted the account of IRA ALLEN, and thus the early historians of the
State left to more recent investigators the task of discovering what-
ever more could be found.
¹ Williams's History, vol. 2, 177.
³ Vt. Hist. Soc. Coll., vol. 1, p. 383.
Convention at Windsor, July 2-8, 1777.
63
B. H. HALL [1858] added one fact, viz: "a right to the county jail at
Westminster was, however, reiterated, and the orders were issued to a
sergeant and six men to guard it both by night and day, and to permit
no one to advance withing six feet of the gratings, or to approach the
jail door."1
The late Rev. PLINY H. WHITE, of Coventry, gave the results of much
research in an interesting address delivered before the Vermont Histor-
ical Society, July 2, 1863. Mr. WHITE added several particulars, and first
a list of twenty-four of the members, sixteen having beeu ascertained by
the late LEONard Deming of Middlebury, and eight by Mr. WHITE.
The list is as follows:
Alexander Harvey.
Pomfret, John Throop.
Barnet,
New-
(Jacob Bayley,
nington,
Brad-
ford.
Ben- (Jonas Fay,
Joseph Safford.
S Benja. Baldwin,
Bildad Andrus.
bury.
Reuben Foster.
Poultney
S Wm. Ward,
Chester,
Jabez Sargent.
(Thos. Chittenden,
Danby,
William Gage.
(Thos. Chandler,
Guilford, Benjamin Carpenter.
Hartford, Joseph Marsh.
Marlboro, Francis Whitmore.
Rock-
Nehemiah Howe.
Joshua Webb,
ingham, Reuben Jones.
Rutland, Joseph Bowker.
Sunder-
and Timothy Brownson.
Tin- S Ebr Allen,
mouth,
Pownal,
Charles Brewster.
Joseph Williams.
To these the editor of these papers adds the following-four on good
authority, and ten probable members:
Danby, Thomas Rowley."
John Burnham,*
Wilmington, William Williams, prob-
ably,
Benning-Nathan Clark, probably Dummerston, Lt. Leonard Spauld-
ton,
Clarendon, Benj. Spencer, probably,š
Capt. Ira Allen,"
Colchester, Capt. Heman Allen."
Shaftsbury, Maj. Jeremiah Clark,
probably
Townshend, Samuel Fletcher, prob-
ably.
5
ing, probably.
Westminster, Nath'l Robinson, prob-
ably.?
Windsor, Ebenezer
Ebenezer Hoisington,
probably."
10
Pomfret, John W. Dana, probably."
Cavendish, John Coffein, probably."
¹ Eastern Vermont, p. 298, apparently on the authority of a letter dated
July 7, 1777, from Col. William Williams of Wilmington to Capt. John
Sessions. As this letter was dated while the Convention was in session,
it is probable Col. Williams was a member. He represented Wilmington
in the legislature of Vermont in 1779. Wilmington was represented in
the Convention of Sept. 25, 1776, by letter, and again Jan. 4. 1777, by
Wm. Mellen delegate. It was also represented in the first legislature,
March 1778, by Elijah Alvord. It is quite probable, therefore, that the
town was represented in the Convention of July 1777. It could not send
64
General Conventions.
Mr. WHITE adds :-
The_Convention was organized by choosing JOSEPH BOWKER, Presi-
dent; JOSEPH MARSH, Vice-President. Before proceeding to business.
the convention listened to a sermon by Rev. AARON HUTCHINSON of
Pomfret.
After sermon the Convention proceeded to the specific business for
which it was elected, digressing from that to consider any other matter
relating to the interests of the new State which seemed to require at-
tention.
Very early in the session their attention was called away from their
more immediate business by a dispatch from Col. SETH WARNER, an-
nouncing the advance of Burgoyne upon Ticonderoga, and calling for
assistance. The dispatch was as follows:
RUTLAND, July 1, 1777.
To the Hon. the Convention now sitting at Windsor in the State of
Vermont.
GENTLEMEN :-Last evening I received an express from the general
commanding at Ticonderoga, advising me that the enemy have come up
the lake, with 17 or 18 gunboats, two large ships, and other craft, and lie
at Three Mile Point. The general expects an attack every hour. He
orders me to call out the militia of this state, of Massachusetts, and New
Hampshire, to join him as soon as possible. I have sent an express to
Col. Simonds. Col. Robinson and Col. Williams are at Hubbardton, wait-
ing to be joined by Col. Bellows, who is with me. When the whole are
joined they will amount to 700 or 800 men. I know not to whom to apply
except to your honorable body, to call out the militia on the east side of
a better man than Col. Williams. Every intelligent reader will of course
understand that the seizure of the jail of Cumberland county was an en-
forcement of the assertion of the jurisdiction of Vermont as against New
York.
2 Vt. Historical Soc. Collections, vol. I, p. 56–66.
³ Vt. Historical Magazine, vol. I. p. 98. Danby was entitled to three
members, and the addition of Mr. Rowley's name to the preceding list
completes the delegation from that town.
4 Vt. Historical Magazine, vol. 1. p. 165. He was a member of the Con-
vention of the 4th of June preceding.
'He was appointed by the Convention one of the Council of Safety,
and was a member of the Convention of June 4.
H. Hall's Early History of Vt., 454.
'He was a member of two previous conventions and of the first legis-
lature.
He was a member of four preceding Conventions and of the first leg-
islature.
'He was a member of three preceding Conventions and of the first
legislature.
10 He was a member of three preceding Conventions.
11 Both were members of the preceding June Convention, and of the
first legislature.
Convention at Windsor, July 2-8, 1777.
65
the mountain. I shall expect that you will send on all the men that can
possibly be raised, and that you will do all in your power to supply the
troops at Ticonderoga with beef. Should the siege be long, they will be
absolutely destitute, unless the country exert themselves. If 40 or 50
head of beef cattle can be brought on by the militia, they will be paid for
by the commissary on their arrival. The safety of the post depends on
the exertions of the country. Their lines are extensive and but partially
manned, for want of men. I should be glad if a few hills of corn unhoed
should not be a motive sufficient to detain men at home, considering the
loss of such an important post might be irretrievable. I am, gentlemen,
with the greatest respect, your obedient and very humble servant.
SETH WARNER.
P. S. I am this moment a going to mount my horse in company
with Col. Bellows for Ticonderoga. I left Col. [Moses] Robinson at Hub-
bardton this morning. That you may have wisdom to conduct in the
business for which you are called together is the prayer of
S. W.
A copy of this dispatch was immediately forwarded by express to the
General Assembly of New Hampshire, then in session at Exeter, with
a letter from the convention as follows:
STATE OF VERMONT,
In General Convention, Windsor, 3ª July, 1777.
Gentlemen:-This House enclose to you a Copy of a Letter just re-
ceived from Col Warner by which your honors will learn the situation
of the army in the northern department at that time. You will observe
by that, that we have no knowledge that any Express has been sent you.
Therefore as the matter nearly concerns the Liberties of the United States
in General, this House flatter themselves that their forwarding this in-
telligence may not prove unacceptable.
The Militia from this State are principally with the officer Command-
ing the Continental Army at Ticonderoga, the remainder on their march
for the relief of that distressed Post. It appears to this House from the
various informations from thence, and the personal acquaintance of many
of the members thereof, of the particular circumstances which attend
our friends there at this present time, that every prudent Step ought to
be immediately taken for their relief.
Your honors' Wisdom will doubtless be sufficient for your Conduct.
Wishing a lasting peace and friendship, We have honor to be Gentlemen
with sincere Sentiments of Respect your most
Obedt Humble Servants.
By order of Convention.
JOSEPH BOWKER, President.
SUPERSCRIBED:
To the Honorable the General Assembly or Council of War at Exeter,
State of New Hampshire.
From General Convention in the State of Vermont.
Having adopted such measures as seemed advisable to reinforce the
beleagured fortress with men and provisions, the convention proceeded
to consider the proposad constitution. It remained in session till the
8th of July, when its deliberations were interrupted by the arrival of a
dispatch from General St. CLAIR, returning his earnest thanks for their
exertions in behalf of Ticonderoga, but announcing the evacuation of
that place on the morning of the 6th of July, the pursuit of the retreating
Americans by the British and the attack upon Warner at Hubbardton
on the morning of the 7th of July; the disastrous result of which was
66
General Conventions.
not known at the time of writing. This occasioned great alarm and
anxiety. The families of many of the members, that of the President in-
cluded, were within the very line of march of the triumphant enemy,
and the first impulse was to leave the business unfinished, and fly to the
defense of their homes.
A furious thunder storm however compelled them to remain for a
while, and gave them time to conclude their business, though in a some-
what hurried way. The constitution was read for the last time and unan-
¹ General St. Clair to the President of the Vermont Convention at Windsor.
COL" MEAD'S, AT OTTER CREEK,
July 7th, 1777.
Sir, I was honored with your favor of the 2d Instant this Day. The
Exertions of the Convention to reinforce us at Ticonderoga merit my
warmest thanks tho' they have been too late to answer the good purpose
they intended. Finding that the Enemy were ready for the attack, and
that it was morally impossible we could maintain the Post with an hand-
ful of Troops, & at the same time considering how necessary to the
States it was to preserve our army, small as it is, it was determined in a
Council of the General Officers that the Posts on Ticonderoga and Mount
Independence should be evacuated, and a retreat attempted to Skeens-
borough by the way of Castleton, and that everything we could remove
with the sick, should be sent by water to the same place, covered by the
armed Vessels. This was accordingly attempted the night of the sixth,
and in part executed, tho' not as perfectly as I could have wished with
respect to the stores, owing to the Confusion that naturally attends
operations in the night, and to the want of that regularity that nothing
but discipline and experience can give Troops, and just at break of day
the army got on their march unperceived by the Enemy, altho' they were
all round us, and should have effected it perfectly had it not been for the
burning of a House, whether from accident or want of thought I cannot
say, but it served to inform the Enemy of our Retreat, and a party of
them were on the Mount before the whole of our people had got off of it.
They did not attempt however to pursue us, but only fired a few shots
from the Height which did us no damage. We pursued our Route to
Castleton, which we reached last night with the main Body, having met
on our way a party of the Enemy who had been collecting Cattle in the
Country. These were immediately dispersed, and a few Prisoners taken.
Colonel Warner with about a thousand men stopped six miles short of
Castleton where he was attacked this morning. The event of the action
I cannot as yet ascertain—the accounts are so various from the persons
I
who have come in ; but I believe it was pretty severe on both sides.
am now on my march to Bennington, which place I am obliged to make,
on account of Provisions, the Enemy having last night possessed them-
selves of Skeensborough, of which I got intelligence this morning, which
determined me to take the road for that place, and there I beg that the
reinforcements coming on by No. 4 [Charlestown, N. H.] may be sent,
as I shall immediately march from thence for the North River, and en-
deavor to throw myself betwixt the Enemy and the Inhabitants, and pre-
vent Mr. Burgoyne from penetrating into the Country.
I am, Sir, your very Humble Servant,
AR ST. CLAIR.
I must beg that all the Flour that can be got may be sent forward.
I have wrote to the first commanding Officer of the militia to take the
shortest road to Bennington with directions to send the same orders to
such others as may be already on this side No. 4.- Vt. Hist. Col. Vol. I.
p. 174.
Convention at Windsor, July 2–8, 1777.
67
imously adopted. It was also ordered that an election, under the con-
stitution, should be held in December, 1777, when representatives should
be elected to a general assembly, to meet at Bennington in January,
1778. JOSEPH MARSH, JOSEPH WILLIAMS and TIMOTHY BROWNSON
were appointed a committee to procure a supply of arms for the state, with
instructions to draw them, if possible, from govermental arsenals, but with
authority to pledge the credit of the state to the amount of four thousand
pounds, if it were found necessary to purchase. A Council of Safety was
appointed to administer the affairs of the state until some other provi-
sion in that regard should be made. No list of the members of this
Council is extant, but it is known that THOS. CHITTENDEN, IRA ALLEN,
MOSES ROBINSON, JONAS FAY, JOSEPH FAY, PAUL SPOONER, NATHAN
CLARK, and JACOB BAYLEY, were of the number.'
The resolution of the Convention on the supply of arms, referred to
by Mr. White, was as follows:
STATE OF VERMONT,
In Convention, Windsor, July 8th, 1777.
Resolved, that Col. JOSEPH MARSH, Col. WM. WILLIAMS and Col. TIM-
OTHY BROWNSON be appointed Contractors to procure a sufficient Quan-
tity of Arms for this State as the exigency of the same shall require, draw-
ing them if possible out of some Continental stores, giving such security
for the same in behalf of this State as their wisdom may direct, and that
they be impowered for the same purpose (if they cannot be so drawn) to
hire not exceeding four thousand pounds, for which they are to give their
obligation in behalf of this State, and that they make an exact return of
their doings herein to this Convention, or in their recess to the Council
of Safety for this State.
By order of the President,
JONAS FAY, Secretary.
The original number of the Council according to Gen. STARK, was
twelve. This corresponds with the number of the committee appointed
by the Dorset Convention of Sept. 25, 1776, to attend the next Conven-
tion-of course as advisers or councillors, and also with the number of
the governor's council fixed in the constitution. Of this number the
Rev. PLINY H. WHITE has given eight undoubted names. To that list
Hon. HILAND HALL has assented with the reservation that no evidence
exists of the membership of JOSEPH FAY other than the fact that he
was secretary of the Council. The editor regards that fact, however, as
very strong evidence. The first secretary was IRA ALLEN, a member
of the Council, who served in the office until September 6, 1777, when
JOSEPH FAY was elected to succeed him. Fay was at hand to enter upon
the office; and he did so, as the record shows, on that day. To this it must
be added that when a deputy secretary was appointed, a member of the
Council was selected. The office was one of high dignity, correspond-
¹ For Mr. WHITE'S address in full, and Mr. HUTCHINSON's sermon, see
Vt. Hist. Soc. Collections, vol. I, p. 56–101.
2 Gen. John Stark to the Connecticut Courant, Aug. 18, 1777, in Vt.
Hist. Soc. Collections, vol. 1, p. 228.
³ Early History, pp. 258 and 259, note.
68
General Conventions.
ing to the office of Secretary of State, which title IRA ALLEN assumed,
and it was accorded to him by some officers of other states. The
signature of the Secretary was recognized as of equal authority with that
of the President. The duties of the Council were, many of them, so very
delicate and confidential in their character that it is hardly possible to
conceive that any person would be permitted to hold that office who was
not amply qualified by talents, judgment and character, to be a member
of the board. Mr. FAY was thus fitted, and eminently so: he was
counted worthy of being the agent of the State to Congress, and accom-
plished and discreet enough to be entrusted (in company with IRA
ALLEN) with the Haldimand correspondence. While, then, Vermont
had no men to spare for offices which are merely clerical, why should not
the Council economize by appointing one of its own number for the
second Secretary, as it did for the first? Assuming, then, that JOSEPH
FAY was a member of the Council, the number thus far ascertained is
eight. To this number is to be added BENJAMIN SPENCER of Claren-
don, on the authority of a letter from the Council, by PAUL SPOONER,
deputy secretary, to Brig. Gen. BAYLEY, dated August 11, 1777. This let-
ter announced that "Esq. Spencer" had joined the enemy. To fill this
1
¹ See letter of that date, post; also Vt. Hist. Soc. Collections, vol. 1, p.
196.
وو
BENJAMIN SPENCER of Durham [Clarendon] was justice of peace and
assistant judge of the court of common pleas under the jurisdiction of
New York in 1773. He was, says IRA ALLEN, “an artful, intriguing
and designing man. He certainly was zealous in furthering the inter-
ests of New York to such a degree as to require severe measures from
the Vermont leaders. Accordingly they visited Clarendon with a large
body of men, in the autumn of 1773, and warned Spencer to desist on
penalty of suffering violence. He and other New York officers in the
neighborhood persisted in issuing writs, &c., against the New Hamp-
shire grantees, and a second visitation was made, and Spencer was ar-
rested. The people assembled to witness the scene to be enacted, when
Ethan Allen addressed the crowd, announcing that "the proprietors of
the New Hampshire Grants had appointed himself, Seth Warner, Re-
member Baker and Robert Cochran to inspect and set things in order
and to see that there should be no intruders on the Grants ;" adding
that "Durham had become a hornets' nest," which must be broken up.
"A judgment seat" was then erected, on which Allen, Warner, Baker
and Cochran seated themselves as judges. At Spencer's request, how-
ever, the trial was transferred to his own door, where he was required to
stand up with uncovered head. He was then charged with “cudling
with the land-jobbers of New York to prevent the claimants of the New
Hampshire rights from holding lands"-with issuing warrants as a jus-
tice of the peace contrary to the orders of Allen and company, and other
acts as a New York magistrate-with reporting their proceedings to the
Convention at Windsor, July 2-8, 1777.
69
vacancy BENJAMIN CARPENTER of Guilford was appointed by the Con-
vention at Windsor, Dec. 24, 1777, of which appointment Col. CARPEN-
TER was notified by a letter from the Council, by JONAS FAY, dated 10
January, 1778.¹
New York authorities, conveying land under a New York title, and with
endeavoring to seduce and inveigle the people to be subject to the laws
and government of the colony of New York. Spencer was found guilty
on all these charges, his house was declared to be a nuisance which must
be burnt, and he was required to promise that he would no longer act as
a New York magistrate. Spencer objected that the destruction of his
house and property would be cruelty to his wife and children, whereupon
the court, upon Warner's suggestion, decided that the house should be
spared, but the roof taken off, to be replaced again when Spencer would
accept it under a New Hampshire title. To this he agreed, when the
roof was taken off "with great shouting and much noise and tumult,”
and Spencer was discharged, promising not to act under New York.
Other Yorkers in Clarendon were visited in like manner, with salutary
effect, and then Ethan Allen adroitly and justly pledged the Green
Mountain Boys to protect those Yorkers, who would quiet their titles by
covering the New York grants with New Hampshire grants, from any
exactions which might be attempted upon them on these forced purchases,
—offering them the land “at a reasonable rate, as new lands were valued
at the time you [they] purchased them" originally. By this process
Spencer was reconciled to the new state, so that he accepted the posi-
tion of delegate in the Convention at Windsor, June 4, 1777, pledging
himself to stand by the new state and "to resist by arms the fleets and
armics of Great Britain." It is probable that he was a delegate in the
July Convention also, as he was appointed a member of the Council of
Safety. However, when Burgoyne's army advanced into the country,
heralded by vaunting proclamations, Spencer sought personal safety with
the enemy at Ticonderoga, and, it is said, died at that post a few weeks
afterward.-Early History, pp. 169, 170, 172–177, 258.
In his address to the Legislature, printed in 1808, (and quoted in the
appendix to D. P. THOMPSON'S Address, 1850,) IRA ALLEN said :
Abel [Benjamin] Spencer of Clarendon, who had been a stickler for
New York, had been suddenly converted to an advocate for a new State,
and so ingratiated himself as a good whig, that he was elected a member
of the Council of Safety. Mr. Allen declared he would not take a seat in
the Council if Spencer did; and that he should not be surprised if Spencer
should go to Burgoyne's camp, which he did, and died with the British
soon after.
There were two Spencers known to Allen, and both went to the enemy
-Abel for a short time. He was tried, convicted, and fined. Afterward
he became a very prominent man, much in public service. Allen's mem-
ory was in fault.
¹ See letter of that date, post.
70
General Conventions.
There is still to be added, on the authority of IRA ALLEN, member
and first secretary of the Council, the name of Capt. HEMAN ALLEN,
who, about that period, resided at Bennington, Arlington, or Sunder-
land, at his convenience, though his intended home probably was Col-
chester. He died May 18, 1778.¹
Still another name is to be added on the authority of Hon. MYRON
CLARK of Manchester, to wit: that of Maj. JEREMIAH CLARK of Shafts-
bury. MYRON CLARK was a grandson, and lived in the Major's family
from the age of ten years till he was sixteen. He has recorded the tra-
dition of the family 2 in full faith of its accuracy, as none will doubt who
know the character of the man.
The number of members of the Council thus ascertained,—on author-
ity which can hardly be contradicted, even if in some points it is not en-
tirely satisfactory,-is eleven. The twelfth member is most probably to
be ascertained from the list suggested by the Rev. Mr. WHITE, as fol-
lows:
There is good reason to believe that Samuel Robinson, Matthew
Lyon, Thomas Rowley, Gideon Olin and Benjamin Carpenter were also
members.3
Col. CARPENTER is of course to be omitted from this list, as his name
has already been included vice SPENCER. If the remaining names in
this list are added to the eleven already ascertained, then the total num-
ber of the Council would be fifteen, which is three too many, The result
is that only one name is wanted, either that of Samuel Robinson, or Mat-
thew Lyon, or Thomas Rowley, or Gideon Olin. To make this selection
a consideration of the position of each of these gentlemen at the time is
indispensable.
SAMUEL ROBINSON, of Bennington, was in full vigor of manhood in
August, 1777, 39 years of age; but he was full of work also which de-
manded all his strength-his duties then being those of a captain of
militia engaged in active fiell service, and overseer of tories and prison-
ers, of which he had many on his hands as the fruits of the victory of
Bennington. A large portion of the orders of the Council are addressed
to him, touching these last offices. It is not very probable, certainly,
that the duties of a member of the Council were superadded.
THOMAS ROWLEY, then resident of Danby, died in 1796, at seventy-
five years of age, which would make him fifty-six in 1777. He was then
chairman of the Committe of Safety of Danby. He was the poet of Ver-
mont in his day, and zealously and effectively used his powers of wit and
satire against New York; but it is noticeable that he was clearly identi-
fied with only one of the many great revolutionary movements in Ver-
mont previous to 1777. By the Dorset Convention of Jan. 16, 1776, he
¹I. Allen's History of Vermont in Vt. Hist. Soc. Coll., vol. I, p. 388.
2 Vt. Hist. Mag., vol. 1, p. 236.
8
³ Vt. Hist. Soc. Collections, vol. 1, p. 63.
Convention at Windsor, July 2-8, 1777.
71
was appointed, with JONAS FAY and Col. WM. MARSH, to draw a peti-
tion to Congress, and he was probably a delegate in that Convention,
but from the record of that petition, as it is incorporated in the journal
of the Convention of July 24 following, it appears that the petition was
"per JONAS FAY, IRA ALLEN, Committee appointed." A biographer
of Mr. ROWLEY, in Vt. Hist. Mag., vol. 1, p. 98, claims that he "partici-
pated largely in the deliberations of those who declared Vermont a free
and independent State, and aided in framing its first Constitution." This
implies that he was a member of the Windsor Convention of July, 1777,
and yet all the record evidence in his case up to 1777 has just been cited.
Conceding that he may have had all the qualifications needed as a
member of the Council, which sat at Bennington almost constantly from
July 28, 1777, to March 6, 1778, Mr. RowLEY's residence and duties at
Danby, as chairman of its Committee of Safety, militate seriously against
the theory that he was a member of the Council.
Maj. GIDEON OLIN was thirty-four years of age in 1777, and he had
fine qualities for the office of Councillor, which were afterwards mani-
fested by honorable service for thirty years in various and important offi-
ces; and yet the record shows that he had not fairly entered upon his
public life until after the Council of Safety had ended its work. He was
appointed Major June 6, 1778—three months after the Council had closed;
and in 1778 also he entered the General Assembly.
The last name on the Rev. Mr. WHITE's list, and most probably the
right one to be selected, is that of MATTHEW LYON, then of Arlington.
In a memoir of THOMAS CHITTENDEN, by Hon. DAVID READ, in Ft.
Hist. Mag., vol. 1, p. 911, it is said that LYON was a member of the
Council. The editor is inclined to put little stress upon this, however,
from a surmise that Mr. READ has taken the partly ascertained and
partly suggested list of Mr. WHITE as the roll of the Council. The only
difference is, that Stephen Fay is given instead of "Joseph Fay," which
was, possibly, a slip of the pen or an error of the press. In any event,
the list embraces fourteen, which is too large a number. In the absence
3
¹Ante p. 19. This may mean that they were appointed simply to verify
the copy. The editor is of opinion that JONAS FAY and IRA ALLEN were
the authors, chiefly, of the petition, and that it was drawn in anticipation
of the Convention. FAY was chairman of the committee appointed to draw
it, and also one of the agents selected to present it to Congress. IRA
ALLEN was not in the habit of waiting for an appointment to act on
such occasions. He was "the ready writer" of his day, and a willing
one.
2 Vt. Hist. Mag., vol. 1, p. 234.
3
Since the above was in type, the editor has received a letter from
Mr. READ, dated March 5, 1873, in which he says he does not recollect
his authority, though he presumed it to be undoubted. He wrote with
the Stevens' papers in his possession, but he suggests that he may have
72
General Conventions.
of all undoubted authority, the probability of LYON having been a mem-
ber must be deduced from known facts concerning him at the time. He
went into Arlington to reside in 1777, with THOMAS CHITTENDEN and
JOHN FASSETT, jr., not to become permanent residents, but for the
express purpose of overthrowing the power of the Tories in that town.
LYON had before lived with CHITTENDEN, and now they took opposite
houses and constructed a vault between the two as a prison for Tories.
JOHN FASSETT, Jr., was also in the immediate neighborhood, and IRA
ALLEN was only three miles off. Capt. HEMAN ALLEN is not named,
but he certainly could not be very far from IRA. Here, then, were cer-
tainly three members of the Council of Safety: why should not LYON
—a recognized associate with all the rest, not many years after becoming
the son-in-law of CHITTENDEN,-why should not LYON be the fourth
member of the Council located in this most important strategetical
point? His character as a bold and energetic man, his intense patriot-
ism, and his talents, were equal to the position. His age was thirty-one,
being five years the senior of IRA ALLEN. A fact of some moment is,
that shortly after, in 1778, LYON was elected deputy Secretary of the
Governor and Council, when seven members of the Council of Safety
were in that body. He was deputy Secretary of the Council often, and
Secretary of the Board of War. This shows not only that his aptitude for
public affairs was recognized, but also that he was entrusted with the se-
crets of the Council, which was then acting as a Council of Safety and Board
of War. Assuming, as it is certainly safe to do, that LYON was qualified
for the place, his close relations with Chittenden and the Allens, and the
convenience oftentimes of having him a member to make up a quorum,
in the frequent absences of IRA and the illness of HEMAN ALLEN, are
the strong points in favor of the probability that he, rather than any
other man suggested by Mr. WHITE, or any other man who can be sug-
taken his list from D. P. THOMPSON's address before the Vt. Historical
Society, Oct. 24, 1850. Mr. R. admits that Stephen was an error for
Joseph Fay. Thompson's list agrees with Mr. White's. D. P. Thomp-
son's historical statements are to be taken with great allowances for er-
ror. His habit for years was to build superstructures of fiction upon a
very narrow basis of fact, having the air but not the accuracy of history.
Messrs. White, Thomp-
His address was eminently of that character.
son and Read all include LYON in the Council, and yet their lists prove
too much, by giving too many members. In Vt. Hist. Soc. Collections,
vol. II, pp. 135–7, are the reports of British agents, who speak of LYON as
expressing to them the views of the Governor and his Council; and
one of them says he [Lyon] was “one of the Council." Lyon was never
a member of any “Council," unless it was the Council of Safety, which
closed more than two years previous to these reports. He did act at
times as Secretary of the Governor and Council. Probably this evi-
dence is valuable only as it shows that Lyon was in the confidence of the
Convention at Windsor, July 2-8, 1777.
73
gested, was the twelfth member of the Council of Safety. There was, per-
haps, one man in Eastern Vermont who might be as reasonably
suggested but for one consideration, and that was JOSEPH MARSH.
The fatal objection is, that he could not attend without abandoning his
family and business for months. The great point of danger was in and
near Bennington county; there the Council must constantly sit to be
effective, and there it actually did sit for nearly eight months, and until
within a week of the state organization which superseded it. Another
name might have been suggested in western Vermont, that of JOHN
FASSETT, Jr.; but with his military duties, and the exactions upon his
time and energies as Commissioner of Sequestration, he had full enough
to do.
It is remarkable, the editor must confess, if LYON was a member, that
the fact should not somewhere appear from his own declarations, or from
unquestioned contemporary sources. The truth, however, is, that records
and traditions, thus far preserved, both of the Windsor Convention and
the Council of Safety, are fragmentary: the records prove nothing as to
three of the members. If LYON is to be rejected for want of official evi-
dence, so are HEMAN ALLEN and JEREMIAH CLARK, at least. The
claims of each of these rest either upon assertion simply, or upon known
facts which raise a reasonable presumption of membership. The official
record of the Council of Safety proves the following eight members only,
and that by the offices they held the office of Secretary not furnishing,
in itself alone, absolute proof:
THOMAS CHITTENDEN, President.
JONAS FAY, Vice President.
MOSES ROBINSON, President pro tem.
IRA ALLEN, Secretary.
JOSEPH FAY, Secretary.
PAUL SPOONER, Deputy Secretary.
NATHAN CLARK, Secretary pro tem.
BENJAMIN CARPENTER, [by letter of Council.]
To be supplied by other evidence, there remain four members, to wit:
HEMAN ALLEN, JACOB BAYLEY,' JEREMIAH CLARK, and MATTHEW
LYON. The assertion of IRA ALLEN, that HEMAN ALLEN was a mem-
Governor and Council, and thoroughly apprised of its most secret trans-
actions. Gov. HALL concurs fully with the editor of this volume in
omitting the names of Samuel Robinson, Thomas Rowley, and Gideon
Olin from the roll of the Council of Safety.
'The official letter of the Council, in which Gen. JACOB BAYLEY and
"Squire [Benjamin] SPENCER" are named as members, is a part of the
missing record which has been recovered from other sources.
It is un-
doubtedly genuine, but of course is not strictly record evidence. The
record does show, however, that Mr. BAYLEY was appointed on a com-
mittee by the Council in September, 1778.
7
74
General Conventions.
ber, is equivalent to record evidence, and so is the letter by the Council
to Gen. BAYLEY, leaving only two who should be added and recorded
as members probably, to wit: JEREMIAH CLARK and MATTHEW LYON.
It is reasonable to suppose that the gentlemen who had performed
successfully the delicate and arduous duties of the Council of Safety from
July '77 to March '78, would be retained in public service on the organi-
zation of the government under the constitution, and specially in the
first Governor's Council, which also acted as Council of Safety and Board
of War. We do accordingly find the following:
MARCH, 1778.
1.
THOMAS CHITTENDEN, Governor,
2.
IRA ALLEN, State Treasurer and Councillor.
3. NATHAN CLARK, Speaker of the General Assembly.
4. JOSEPH FAY, Secretary of the Gov. and Council.
5. JONAS FAY,
6.
7.
JEREMIAH CLARK,
BENJAMIN CARPENTER,
8. PAUL SPOONER,
9. JACOB BAYLEY,
10. MOSES ROBINSON,¹
11.
4.
Councillors.
APRIL-OCTOBER, 1778.
MATTHEW LYON, Dep. Sec'y of Governor and Council,
[April, May, July, and Oct. 8 to Nov. 24, 1778.]
JOSEPH FAY, Secretary of State.
It will thus be seen that every person then living, who is supposed to
have been a member of the Council of Safety, was assigned to an honor-
able position within the first seven months of the existence of the State
government. HEMAN ALLEN, the only exception, died May 18, 1778.
HILAND HALL [1868] added a few facts in addition to those already
noted. President BOWKER, after having written by order of the conven-
tion to New Hampshire for aid, "also wrote to Gen. ST. CLAIR, informing
him of what they had done." "The efforts of the Vermont Convention
for the relief of Ticonderoga were duly appreciated by Gen. St. Clair.”
In a letter dated at Col. Mead's, (Rutland), July 7, addressed to the Presi-
dent of that body, he gives a brief explanation of the necessity he was un-
der to evacuate that post, and says: "The exertions of the Convention to
reinforce us at Ticonderoga merit my warmest thanks, though they have
been too late to answer the good purpose they intended." In still another
letter of the 9th he added: “Your Convention have given such proofs of
their readiness to concur in any measure for the public safety, that it
would be impertinent to press them now."" Mr. Hall further added:
¹ See Roll of the first Council, and note, post.
2 See ante, p. 66.
2
Gen. St. Clair to Jonas Fay, Secretary to State Vermont.
COLONEL MARSHE'S, July 9th, 1777.
Sir, I have just now received a Letter from General Schuyler direct-
ing that Col. Warner's Regiment, with the Militia of your State, should
Convention at Windsor, July 2-8, 1777.
75
The Convention also voted to establish a loan office, and appointed
IRA ALLEN its trustee, as we learn from an advertisement in the Connec-
ticut Courant, of August 18th, 1777, in which Mr. ALLEN over his signa-
ture as trustee informed the public "that agreeably to a resolution of the
Convention," he had opened a loan office at Bennington, where those
disposed to lend any sum amounting to ten pounds might receive secu-
rity in behalf of the state, payable in one or more years with interest at
six per cent. per annum.
After due deliberation, the Convention adopted a constitution for the
government of the new state, directed the first election for state officers
to be holden the ensuing December, and the legislature to meet at Ben-
nington the succeeding January. The Convention appointed a Council
of Safety to manage the affairs of the state until the government should go
into operation under the Constitution, and then, on the 8th day of July,
after a session of six days, adjourned.¹
be left for the Protection of the People, and I have, by this Conveyance,
wrote to the Colonel to acquaint him thereof. The General also desires
that all the Cattle may be drove further down than where it may be
thought proper that Colo Warner take Post, and that all the Carriages
that may be of use to the Enemy be brought off or destroyed. He also
desires that all the Cattle in the Condition for Killing may be sent on by
a safe route to Fort Edward, where he now is with some Continental
Troops and Militia. A large reinforcement from Peekshill is on their
March from Albany to join him, and if I can be supplied with provisions
at Manchester, I shall also join him with the utmost expedition, where
we shall have force sufficient to check the progress of the Enemy. Your
Convention have given such proofs of their readiness to concur in any
measure for the public safety, that it would be impertinent to press them
now; I will only repeat the request that I made before that the Militia
from the Eastward Marching [to] No. 4 may be directed to take the
shortest route to Join the Army.
I am, Sir, Your humble Servant,
TO JONAS FAY, Sec'y to State Vermont.
A. ST. CLAIR.
P. S. Previous to the receipt of your Letter of the 6th inst. I had
directed the Militia of your State that were with me to remain at Rut-
land for the protection of the People until your Convention should direct
otherwise and am pleased to find myself in Sentiment with them, and
with General Schuyler. The Militia that can be raised in your Country
will I think keep the people in security, for in my opinion they have lit-
tle to fear except the Depredation of a few Indians. Fort Ann was at-
tacked the day before yesterday and the Enemy repulsed with consider-
able loss.
True Copy, Examined by ISRAEL ALLEN, Sec'y.
See Vt. Hist. Soc. Col., Vol. I, p. 178.
¹ Early History of Vt., 254-257.
76
General Conventions.
SECOND SESSION OF THE CONVENTION AT WINDSOR,
DECEMBER 24, 1777.
"The journals of the several sittings of the Convention are not to be
found." So wrote WILLIAM SLADE in 1823. He recited the order of the
July Convention, for the first election under the Constitution in De-
cember, 1777, noted its failure, and added: "The Convention was there-
fore summoned by the Council of Safety to meet at Windsor on the 24th
of December, 1777. They met, revised the Constitution, and postponed
the day of election until the first Tuesday of March, 1778, and the sitting
of the Assembly until the second Thursday of the same month."1
IRA ALLEN was of course a member, as he was appointed to procure the
printing of the Constitution. His statements, as to the difficulties en-
countered and motives that ruled this Convention at both sessions, indi-
cate that he must have been present and active at both. His account is
as follows:
Now 2
many of the citizens of Vermont returned to their habita-
tions. The Council of Safety again paid attention to the constitution,
and made a preamble, stating the reasons why the citizens had rejected
all connections with New York; but as there was not time, before the
day assigned for the election, to print and publish the constitution, there-
fore the Convention was summoned to meet at Windsor, in December,
1777: they met, revised the constitution, and appointed the first election
to be on the 12th day of March, 1778. One difficulty was discovered by
some members of the Convention, who concluded the best way to evade
it was, to keep it in as small a circle as possible; the difficulty was, to
establish the constitution without the voice of the people, further than
was vested in the Convention by their credentials, that authorized them
to form a constitution, but were silent as to its ratification, and they had
no ancient government to predicate their claims upon; besides intestine
divisions and different opinions prevailed among the people, and even in
the Convention. To avoid discord, a large majority, in one instance,
conformed to a minority, when deliberating on the articles of the consti-
tution. As the people seemed inclined for a popular government, the
constitution was so made, and for the better satisfying those who might
choose any difference in the form of government, and as circumstances
or increasing knowledge might make it necessary, a principle was estab-
lished in the constitution, by which legal means might be taken to alter
or amend the constitution once in seven years, agreeable to the will of
¹ Slade's State Papers, p. 80. The order of the Council of Safety
will be found post, under date of Nov. 25, 1777.
2 After the surrender of Burgoyne and the withdrawal by Carleton of
British forces south of Canada line.
Second Session at Windsor, Dec. 24, 1777.
77
the majority of the freemen of the State, which, if perpetuated, would
transmit to posterity the same privileges of choosing how they would be
governed, as the people of that day exercised from the inherent right of
nature, without revolution or bloodshed. Had the constitution been then
submitted to the consideration of the people for their revision, amend-
ment, and ratification, it is very doubtful whether a majority would have
confirmed it, considering the resolutions of Congress, and their influence
at that time, as well as the intrigues and expence of the provincial
Congress of New York, who endeavoured to divide and subdivide
the people. Under these circumstances the Convention appointed
Ira Allen to see the constitution printed and distributed before
the election. Mr. Allen returned from Hartford, in Connecticut, a few
days before the time of the general election, with the constitution print-
ed, and dispersed it. There was one (or more) in each town who covet-
ed the honour of being a member in the first general Assembly of the
new State of Vermont. It was, therefore, their interest to induce their
friends to attend the meeting, and take the freeman's oath. This was
done, and representatives were elected, and attended the Assembly at
Windsor, on the 12th of March, 1778, when and where the votes of the
freemen for a Governor, a Lieutenant Governor, 12 Counsellors, and a
Treasurer, were sorted and counted, and the persons who had the major-
ity of votes for the respective offices, were declared duly elected.
Thus the constitution of the State of Vermont was put in force, and
Bennington was the only town that objected against the constitution,
for the want of a popular ratification of it. Only twenty-one freemen
qualified in that town, who elected representatives for the first general
Assembly, but as the people and the assembly approved of the constitu-
tion, which was subject to a revision and amendment every seven years,
the Bennington objection died away, and universal content has prevailed
in the State. 1
This revelation suggests the probable reasons for the neglect of the
Convention to publish a detailed account of its proceedings. Its work
in July was incomplete; the people of the state from the beginning of
July until autumn were constantly alarmed; many had sought safety by
joining the enemy, of which they subsequently repented; many more
had taken their families to New Hampshire, Massachusetts, and Connec-
ticut, and probably not a single town on the west side of the mountain
north of Pittsford could hold an election until the inhabitants had re-
turned. Aside from the objection, (likely to be popular,) that the Con-
stitution had not been subjected to a vote of the people, it certainly was
prudent to defer both an election and all discussion of the action of the
Convention, until the Constitution could be printed and distributed.
For these reasons probably the record of the Convention was not pub-
lished. Thus the Constitution itself was left to herald whatever it
had of merits or defects, and unfriendly discussion seems to have been
generally avoided. While we have not an official record of the proceed-
ings of the Convention, we have its chief work in the Constitution which
it adopted. The editor cannot better close the account of the Conven-
¹Ira Allen's History of Vt., pp. 107-110; or Vt. Hist. Soc. Collections,
vol. 1, pp. 391–393,
78
General Conventions.
tions,¹ than by giving the following extract from Hiland Hall's Early
History of Vermont, pp. 268–270.
The constitution which had been framed by the convention of July,
1777, provided for the holding of an election under it in the following
December, and for the meeting of the assembly in January; but owing
to" the troubles of the war and the encroachments of the enemy," it was
found impracticable to have it printed and circulated in season for such
an election. The council of safety, in consequence, requested the presi-
dent of the convention to call the members together again on the 24th of
December. This was accordingly done, when the time for the first elec-
tion was postponed until the first Wednesday in March, and the assem-
bly was required to meet at Windsor, on the second Thursday of the
same month.
The constitution, which was now finally completed, was preceded by a
preamble in which the reasons for separating from New York and form-
ing a new government, were stated in some detail, but which, as they
have already been substantially given, will not now be repeated.
The constitution was in the main a copy of that of Pennsylvania, which
had been earnestly recommended as a model by Dr. Thomas Young, the
early friend of Vermont, and which was also understood to have the ap-
proval of Dr. Franklin and other eminent statesmen. In some import-
ant particulars, the Vermont constitution was an improvement upon that
of Pennsylvania. This was especially the case in the first section of the
declaration of rights, which announced, in formal terms, the natural rights
of man, to life, liberty, and the pursuit of happiness. The convention
added to this "glittering generality" a clause as follows "Therefore, no
male person born in this country, or brought from over sea, ought to be
holden by law, to serve any person as a servant, slave or apprentice, after
he arrives to the age of twenty-one years, nor female in like manner,
after she arrives to the age of eighteen years, unless they are bound by
their own consent, after they arrive to such age, or bound by law for the
payment of debts, damages, fines, costs, or the like." Vermont was thus
the first of the states to prohibit slavery by constitutional provision, a
fact of which Vermonters may well be proud.
แ
The form of government was strongly democratic in its character.
The elective franchise was given to every man of the full age of twenty-
one years" who had resided in the state for one year. Every such per-
son was also eligible to any office in the state. The legislative power
was vested in a single assembly of members chosen annually by ballot
by the several towns in the state. Each town was to have one rep-
resentative, and those towns having more than eighty taxable inhab-
itants, were entitled to two. The executive authority was in a governor.
lieutenant governor and twelve councillors elected annually by ballot of
the whole freemen of the state. The governor and council had no neg-
ative power, but it was provided that “all bills of a public nature" before
they were finally debated in the general assembly should be laid before
the governor and council" for their perusal and proposals of amendment,"
and also "printed for the information of the people," and that they should
not be enacted into laws until the succeeding session of the assembly.
From this provision was excepted "temporary acts" which in cases of
"sudden emergency" might be passed without being delayed till the next
session. The difficulties of a literal compliance with this article were so
great that it was found necessary, in the first instance, to treat nearly all
1 The record of the Charlestown [N. H.] Convention of Jan. 16, 1781,
is reserved for the Appendix.
Second Session at Windsor, Dec. 24, 1777.
79
laws as temporary, and at the succeeding session to declare them perma-
nent. In practice under this clause of the constitution, bills were allowed
to originate in the council as well as in the house of assembly, and in
cases of disagreement between the two bodies upon any measure the
matter was usually discussed in grand committee composed of both, the
governor presiding. And although the final disposition of any measure
was according to the pleasure of the house, the advisory power of the
council had a strong tendency to prevent hasty and inconsiderate legis-
lation. This article continued a part of the constitution until it was re-
vised in 1786, when the provision for printing and postponing the pas-
sage of laws was expunged, and in addition to the advisory power of the
governor and council, they were authorized to suspend the operation of a
bill passed by the house until the next session of the legislature, when in
order to become a law it must be again passed by the assembly.
This article in the original constitution in regard to the mode of en-
acting laws had been copied literally from the constitution of Pennsyl-
vania, as was also a section which provided for the election by the free-
men of the respective counties of "judges of inferior courts of common
pleas, sheriffs, justices of the peace and judges of probate," who were to
hold their offices " during good behaviour, removable by the general as-
sembly upon proof of maladministration." The mode of choosing judges
of superior courts was left to the discretion of the legislature, and they
were always elected annually by joint ballot of the council and assembly;
and on the revision of the constitution in 1786, it was provided that coun-
ty officers should also be annually chosen in the same manner.
frame of government, thus modified, continued in operation long after
the state became a a member of the federal union, furnishing the people
with as much security for their persons and property as was enjoyed by
those of other states, and allowing to each individual citizen all the lib-
erty which was consistent with the welfare of others. ¹
1
This
¹ For the constitution of 1777, see Slade's State Papers, p. 241, and
post. For that of 1786, see statutes of 1787. For a history of the forma-
tion of the first constitution, see Chipman's Memoir of Chittenden. See
also Slade's State Papers, pp. 81, 221, and 511.
}
THE FIRST
CONSTITUTION
OF THE
STATE OF VERMONT,
ADOPTED
IN CONVENTION AT WINDSOR,
AT THE SESSIONS OF
JULY 2-8 AND DEC. 24, 1777.
INTRODUCTION
THIS Constitution, with the exception of the Preamble and of less
than fifty lines of the " Declaration of Rights" and "Plan or Frame of
Government," is a copy of the first Constitution of Pennsylvania, which
was framed in 1776 by a Convention of which BENJAMIN FRANKLIN
was the President. Of one material feature, in which it differed from all
the other state constitutions of that period except of Pennsylvania and
Georgia, FRANKLIN was the author, and during his life a defender: this
was the investment of a single body (the representatives of the towns and
people, called the "General Assembly,¨) with exclusive and supreme leg-
islative power, giving to the Governor, Lieutenant Governor and Council
advisory power only in the preparation and amendment of bills, and ex-
ecutive power over laws and orders enacted by the General Assembly.
The variations in the Constitution of Vermont, from that of Pennsyl-
vania, are all additions; and, to enable the reader to recognize them,
these additions are all printed in Italic, leaving the remainder to stand
as in the text of the Constitution of Pennsylvania. The most impor-
tant additions,—which may be counted as the work mainly of Dr.
THOMAS YOUNG, IRA ALLEN, Capt. HEMAN ALLEN, and THOMAS
CHITTENDEN-are as follows: 1
¹ See Dr. Young's letters, Appendix D.
an account of Ira Allen against the State :
The following items are from
1777, Nov. 2. To 15 days going from Salisbury (Conn.) to Williams-
town, (Mass.) and there with President Chittenden writing the Preamble
to the Constitution, &c., from there to Bennington to confer with the
Council [of Safety] respecting s'd Preamble-assisting to complete com-
piling from manuscript the Constitution of the State,
Expense money,
1777, Nov. 20. To cash paid John Knickerbacor for
copying the Constitution for the press,
1777, Nov. 26. To 3 days going from Salisbury to
Hartford to get the Constitution printed,
See Thompson's Vermont, Part II, p. 107.
£7 10 0
3 2 8 8
18 0
1 10 0
The editor has already suggested that the agents sent by Vermont to
Congress, who had interviews with Dr. Young, would most probably be
84
First Constitution-Introduction.
I. Slavery prohibited.—Art. I of the Declaration of Rights.
II. Compensation secured for private property taken for public uses.—
Art. II of the Declaration of Rights.
III. Security of Protestants against civil disabilities on account of re-
ligion.-Articles III of the Declaration of Rights, and Section IX of the
Plan or Frame of Government.
IV. The right to govern the internal police inherent in the people of the
State solely.-Art. IV of the Declaration of Rights.
V. No writ against the person or property of a debtor to issue unless
the creditor shall make oath that he is in danger of losing his debt.—-Art.
XII of Declaration of Rights.
VI. No person to be transported for trial out of the State for an of-
fense committed within it.—Art. XIX of Declaration of Rights.
VII. Form of Freeman's Oath.-Sec. VI of Plan or Frame of Gov-
ernment.
VIII. Provisions against the hasty enactment of laws of a public na-
ture, and restriction of powers of the Governor and Council.-Sec. XIV of
the Plan or Frame of Government.
IX. General Assembly to regulate fishing, &c.-Sec. XXXIX of Plan
or Frame of Government.
X. Vermont substituted for Pennsylvania wherever it occurs.
AMENDMENTS OF 1786.
This Constitution was amended in several particulars by the Conven-
tion holden at Manchester in June, 1786, the most important being the
following:
Additional Section.-The legislative, executive and judiciary depart-
ments shall be kept separate and distinct, so that neither exercise
the powers properly belonging to the other.
Fourth Section of the Declaration of Rights.-The words “by their le-
gal representatives" were added to the original section, so as to read as
follows:
That the people, by their legal representatives, have the sole, exclu-
sive, and inherent right of governing and regulating the internal po-
lice of the same.
Fourteenth Section of the Plan or Frame of Government..-A substi-
tute was adopted [being Sec. 16 in the Constitution of 1793] in these
words:
the committee to draft the Constitution. These were Jonas Fay, Thomas
Chittenden, Heman Allen and Reuben Jones, all of whom, except Dr.
Jones, were members of the Council of Safety, and would be likely to
be present at the meeting in November when the Constitution was "com-
piled" according to Mr. Allen's account above.
First Constitution—Introduction.
85
To the end that laws, before they are enacted, may be more maturely
considered, and the inconvenience of hasty determinations as much as
possible prevented, all bills which originate in the Assembly shall be
laid before the Governor and Council, for their revision and concurrence
or proposals of amendment; who shall return the same to the Assembly
with their proposals of amendment (if any) in writing; and if the same
are not agreed to by the Assembly, it shall be in the power of the Gov-
ernor and Council to suspend the passage of such bills until the next
session of the Legislature. Provided, that if the Governor and Council
shall neglect or refuse to return any such bill to the Assembly, with writ-
ten proposals of amendment, within five days, or before the rising of the
Legislature, the same shall become a law.
AMENDMENTS, 1793 To 1870.
The principal amendments in 1793 were four new sections, numbered
17, 18, 19, and 30, in the Constitution of 1793, severally providing that
no money shall be drawn from the treasury unless first appropriated by
act of legislature; that no person shall be eligible as representative
until he has resided two years in the State, and one year in the town for
which he is elected; that no member of the council or house of repre-
sentatives shall, directly or indirectly, receive any fee or reward to bring
forward or advocate any bill, &c., or advocate any cause as counsel in
either house except when employed in behalf of the state; and no per-
son shall be eligible as governor or lieutenant governor until he shall
have resided in the state four years.
The text of the Constitution, as it was left by the amendments of 1793,
has been preserved entire until this time, and unchanged except by such
marks and references as have been required to indicate the effect of sub-
sequent amendments, which have been appended to the Constitution of
1793, with necessary references. In order, therefore, to master in detail
the various changes in the Constitution from the first, all that is neces-
sary is a comparison of the original Constitution, in this volume follow-
ing, with the existing Constitution and amendments above indicated,
and those found in the General Statutes of Vermont, and in the Vt. Legis-
lative Directory since 1870.
THE PREAMBLE.
The preamble was drafted in November, 1777, by IRA ALLEN, com-
pleted on consultation with the Council of Safety, and adopted by the
Windsor Convention at its session in December, 1777. It first disap-
peared from the Vermont statute books in Haswell's compilation of 1791,
and did not reappear until a very recent date in the Legislative Directory.
The editor is of opinion that it was omitted from the statute book in
1791 without legal authority: that is, that it had never been rescinded by
any formal vote in Convention. That the Convention of 1786 did not re-
scind or annul the Preamble is evident first from a lack of any record of
such an event, and second from the fact that the Preamble was published
86
First Constitution-Introduction.
with the Constitution in the Revised Statutes of the succeeding year, 1787.
The next Convention was in 1793, and no record appears of any action
on the Preamble by that Convention, or by the Council of Censors
which called it to pass upon the amendments that were proposed. It is
known, however, that the Convention of 1793 transcended the ordinance
that called it, and in fact in a considerable degree revamped the Con-
stitution, without restoring the Preamble which had been omitted in
1791. As in the year 1790 the controversy with New York had been
amicably settled, a generous courtesy doubtless dictated the suppression
of a state document so distasteful to a reconciled foe, but still it seems.
to the editor that fidelity to history demands that the Preamble shall be
preserved, and the facts as to its courteous suppression for much more
than half a century should be recorded.
THE ORIGIN OF THE CONSTITUTION.
As the Constitution of Vermont was almost a copy, verbatim et litera-
tim, of the Pennsylvania Constitution of 1776, it will be at least a mat-
ter of interest to all, and perhaps of surprise to many, to know that the
origin of the essential and marked features of the instrument lies nearly
a century further back, in "The Frame of the Government of the Prov-
ince of Pennsylvania, in America," granted by WILLIAM PENN, with the
authority of KING CHARLES THE SECOND, on the "five and twentieth
day of the second month, vulgarly called April,¹ in the year of our Lord
one thousand six hundred and eighty-two." DANIEL CHIPMAN recog-
nized this fact, and gave copious extracts from Penn's "Frame.' A
selection from some of these extracts, and an abstract of others, will
serve to show the close relation which Penn's "Frame of Government "
bears to the "Plan or Frame of Government" of Vermont.
Imprimis, That the government of this province shall, according to
the powers of the patent, consist of the Governor and freemen of the said
province in form of a provincial Council, and general assembly, [Ver-
mont's Governor, Council, and General Assembly,] by whom all laws
shall be made, officers chosen, and public affairs transacted, as is here-
after respectively declared, that is to say—
II. That the freemen of the said province shall, on the twentieth day
of the twelfth month which shall be in this present year, one thousand
six hundred eighty and two, meet and assemble in some fit place, of
which timely notice shall be beforehand given by the governor and his
deputy; and then and there shall choose out of themselves seventy-two
persons of most note for their wisdom, virtue and ability, [the Vermont
phrase for representative is, "most noted for wisdom and virtue,"] who
shall meet on the tenth day of the first month next ensuing, and always
be called, and act as, the provincial council of the said province.
¹March was the first month of the year among the Romans and
even in England, until 1752, the legal year began on the 26th of March.
² Memoir of Thomas Chittenden, Chapter III.
First Constitution-Introduction.
87
The Councillors were divided into three classes of twenty-four each,
one class being elected each year. The seventy-two Councillors were
divided into four committees of eighteen, of which each class of Coun-
cillors had three: to one committee being assigned plantations, cities,
roads, posts and market-towns; to another, justice and safety; to an-
other, trade and treasury; and to the fourth, manners, education and
arts.
VI. That in this provincial Council, the governor or his deputy, shall
or may always preside, and have a treble voice, and the said provincial
Council shall always continue and sit upon its own adjournments and
Committees.
In Vermont, the governor or lieutenant governor presided in the
Council, and the Council sat upon its own adjournments, without regard
to the General Assembly, and by its own committees, or jointly with the
committees of the Assembly-most commonly the latter.
VII. That the governor and provincial council shall prepare and
propose to the general assembly, hereafter mentioned, all bills, which
they shall, at any time, think fit to be passed into laws, within the said
province, which bills shall be published and affixed to the most noted
places, in the inhabited parts thereof, thirty days before the meeting of
the general assembly, in order to the passing them into laws, or reject-
ing of them as the general assembly shall seem meet.
This was the practice of the Vermont Council at the outset, and the
preparation of bills formed a large part of its business. By section XIV
of the Plan or Frame of Government, no public bill could be passed by
the General Assembly until it had been printed for the consideration of
the people and laid over until the next session of the General Assembly,
which ordinarily would be after another election of representatives.
Theoretically, therefore, no public bill could be passed until the people
had first had an opportunity of examining it and instructing their repre-
sentatives.
VIII. That the governor and provincial council shall take care that
all laws, statutes and ordinances, which shall at any time be made within
the said province, be duly and diligently executed.
In Vermont, the Governor and Council was "to take care that the
laws be faithfully executed."-See Secs. III and XVIII of the Plan or
Frame.
IX. That the governor and provincial council shall, at all times, have
the care of the peace and safety of the province, and that nothing be by
any person attempted to the subversion of this frame of government.
Here was the germ of the Vt. Council of Safety of 1777-8, and of the
action of the Governor and Council, afterward, as a Council of Safety.
XII. That the governor and provincial council shall erect and order
all public schools, and encourage and reward the authors of useful
sciences and laudable inventions in the said province.
In Vermont the duty of providing schools was put upon the "legisla-
ture" instead of the governor and council alone, and the grades of schools
88
First Constitution—Introduction.
were specified, viz: common schools, grammar schools, and a university.
-See Sec. XL of Plan or Frame.
XIV. And, to the end that all laws prepared by the governor and
provincial council aforesaid, may yet have the more full concurrence of
the freemen of the province, it is declared, granted and confirmed, that
at the time and place or places for the choice of a provincial council, as
aforesaid, the said freemen shall yearly choose members to serve in a
general assembly, as their representatives, not exceeding two hundred
persons, who shall yearly meet, &c., [with the governor and council,]
and on the ninth day from their so meeting, the said general assembly,
after reading over the proposed bills by the clerk of the couneil, and the
occasions and motives for them being opened by the governor or his dep-
uty, shall give their affirmative or negative, which to them seemeth best,
in such manner as herein after is expressed. But not less than two-
thirds shall make a quorum in the passing of laws, and choice of such
officers as are by them to be chosen.
Here is the germ of the annual election and session of the Vermont
General Assembly. It is a fact that Penn's mode of procedure was fre-
quently imitated in Vermont, the Governor and Council meeting and
advising with the House or General Assembly on important occasions.
In one instance, Gov. Chittenden himself introduced a bill to the House
-a bill to establish Chittenden County.
XV. That the laws so prepared and proposed, as aforesaid, that are
assented to by the general assembly, shall be enrolled as laws of the
province, with this style: By the governor, with the assent and appro-
bation of the freemen in provincial council and general assembly."
66
In Vermont, "by the Representatives of the Freemen of the State of
Vermont, in general assembly met, and by authority of the same." See
Sec. XV of the Plan or Frame.
XIX. That the general assembly shall continue as long as may be
useful to impeach criminals, fit to be there impeached, to pass bills into
laws, and till such time as the governor and provincial council shall de-
clare that they have nothing further to propose unto them, for their as-
sent and approbation; and that declaration shall be a dismiss to the
general assembly for that time, which general assembly shall be, not-
withstanding, capable of assembling together upon the summons of the
provincial council, at any time during the year, if the said provincial
Council shall see occasion for their so assembling.
In Vermont, the Council and Assembly adjourned without day by
agreement; but the custom was and is for each house to inquire whether
the governor has any further business to communicate. Special ses-
sions of the assembly were called by the Governor and Council under
the first Constitution-and are by the governor now.-See Sec. XVIII of
the Plan or Frame of the first Constitution; but 8 of the amendments
to the present Constitution, which covers Sec. 11 of the Constitution
of 1793.
XX. That all the elections of members, or representatives of the
people, to serve in provincial council and general assembly, and all ques-
tions to be determined by both, or either of them, that relate to passing
of bills into laws, to the choice of officers, to impeachments by the pro-
vincial council, and to all the cases by them respectively judged of im-
First Constitution-Introduction.
89
portance, shall be resolved and determined by the ballot; and unless on
sudden and indispensable occasions, no business in provincial council or
its respective committees, shall be finally determined the same day that
it is moved.
See Constitution of Vermont, "Plan or Frame of Government,” Sec-
tions XIII and XXIX, and the rules of the present Senate and House
as to the third reading of bills.
XXIII. That no act, law, or ordinance, whatsoever, shall at any time,
hereafter, be made or done by the governor of this province, his heirs or
assigns, to alter, change, or diminish the form or effect of this charter,
or any part or clause thereof, or contrary to the true intent and mean-
ing thereof, without the consent of the governor, his heirs or assigns,
and six parts of seven of the said freemen in provincial council or general
assembly.
Widely different in form as is the forty-fourth section of the Vermont
Plan or Frame, yet in it are distinct traces of the foregoing. Vermont
required the assent first of a council specially elected, (the Council of
Censors,) instead of the Governor and Council, and finally of the free-
men through a general assembly specially elected, (the Convention,) in-
stead of the legislative assembly. A majority of the Convention could
adopt changes, instead of six sevenths being required as in Pennsyl-
vania; but the six sevenths feature is recognized nevertheless, for in
Vermont no amendinent could even be proposed in six years out of
seven.-See Sec. XLIV of the Plan or Frame.
Of course there were some and wide differences in the details of the
two plans of government—a chief one being in the tenure of the office
of governor, being in Vermont elective annually, and in Pennsylvania
for life, not elective but hereditary; but many strong family resem-
blances between the two are obvious. Whatever our judgment now
may be-doubtless for the most part it is, like that of JOHN ADAMS,
NATHANIEL and DANIEL CHIPMAN, unfavorable, when comparing the
old system of one supreme legislative body with two different branches
of co-ordinate powers now in vogue,—it is nevertheless certainly true
that Vermont was governed well and commanded the respect of other
states, under the gentle wings of the good Quaker and great philosopher
of Pennsylvania, WILLIAM PENN and BENJAMIN FRANKLIN,
who were
the real authors of remarkable features in the first Constitution of Ver
mont.
8
CONSTITUTION
OF THE
STATE OF VERMONT,
AS ESTABLISHED BY CONVENTION,
JULY 2, [AND DECEMBER 24,] 1777.
[ PREAMBLE.]
WHEREAS, all government ought to be instituted and supported, for
the security and protection of the community, as such, and to enable the
individuals who compose it, to enjoy their natural rights, and the other
blessings which the Author of existence has bestowed upon man; and
whenever those great ends of government are not obtained, the people
have a right, by common consent, to change it, and take such measures
as to them may appear necessary to promote their safety and happiness.
And whereas, the inhabitants of this State have, (in consideration of
protection only) heretofore acknowledged allegiance to the King of Great
Britain, and the said King has not only withdrawn that protection, but
commenced, and still continues to carry on, with unabated vengeance, a
most cruel and unjust war against them; employing therein, not only
the troops of Great Britain, but foreign mercenaries, savages and slaves,
for the avowed purpose of reducing them to a total and abject submission
to the despotic dominion of the British parliament, with many other acts
of tyranny, (more fully set forth in the declaration of Congress,) where-
by all allegiance and fealty to the said King and his successors, are dis-
solved and at an end; and all power and authority derived from him,
ceased in the American Colonies.
And whereas, the territory which now comprehends the State of Ver-
mont, did antecedently, of right, belong to the government of New-
Hampshire; and the former Governor thereof, viz. his Excellency Ben-
ning Wentworth, Esq., granted many charters of lands and corporations,
within this State, to the present inhabitants and others. And whereas,
the late Lieutenant Governor Colden, of New York, with others, did, in
violation of the tenth command, covet those very lands; and by a false
representation made to the court of Great Britain, (in the year 1764, that
for the convenience of trade and administration of justice, the inhabi-
tants were desirous of being annexed to that government,) obtained ju-
risdiction of those very identical lands, ex-parte; which ever was, and
is, disagreeable to the inhabitants. And whereas, the legislature of New-
York, ever have, and still continue to disown the good people of this
First Constitution.
91
State, in their landed property, which will appear in the complaints herc-
after inserted, and in the 36th section of their present constitution, in
which is established the grants of land made by that government
They have refused to make re-grants of our lands to the original pro-
prietors and occupants, unless at the exorbitant rate of 2300 dollars fees
for each township; and did enhance the quitrent, three fold, and de-
manded an immediate delivery of the title derived before, from New-
Hampshire.
The judges of their supreme court have made a solemn declaration,
that the charters, conveyances, &c., of the lands included in the before
described premises, were utterly null and void, on which said title was
founded; in consequence of which declaration, writs of possession have
been by them issued, and the sheriff of the county of Albany sent, at
the head of six or seven hundred men, to enforce the execution thereof.
They have passed an act, annexing a penalty thereto, of thirty pounds
fine and six months imprisonment, on any person who should refuse as-
sisting the sheriff, after being requested, for the purpose of executing
writs of possession.
The Governors, Dunmore, Tryon and Colden, have made re-grants of
several tracts of land, included in the premises, to certain favorite land
jobbers in the government of New-York, in direct violation of his Bri-
tannic majesty's express prohibition, in the year 1767.
They have issued proclamations, wherein they have offered large sums
of money, for the purpose of apprehending those very persons who have
dared boldly, and publicly, to appear in defence of their just rights.
They did pass twelve acts of outlawry, on the 9th day of March, A. D.
1774, impowering the respective judges of their supreme court, to award
execution of death against those inhabitants in said district that they
should judge to be offenders, without trial.
They have, and still continue, an unjust claim to those lands, which
greatly retards emigration into, and the settlement of, this State.
They have hired foreign troops, emigrants from Scotland, at two dif-
ferent times, and armed them, to drive us out of possession.
They have sent the savages on our frontiers, to distress us.
They have proceeded to erect the counties of Cumberland and Gloces-
ter, and establish courts of justice there, after they were discountenan-
ced by the authority of Great Britain.
The free Convention of the State of New-York, at Harlem, in the
year 1776, unanimously voted, "That all quit-rents formerly due to the
King of Great Britain, are now due and owing to this Convention, or
such future government as shall be hereafter established in this State."
In the several stages of the aforesaid oppressions we have petitioned
his Britannic majesty, in the most humble manner, for redress, and have,
at very great expense, received several reports in our favor; and in
other instances, wherein we have petitioned the late legislative authority
of New-York, those petitions have been treated with neglect.
And whereas, the local situation of this State, from New-York, at the
extream part, is upwards of four hundred and fifty miles from the seat of
that government, which renders it extream difficult to continue under
the jurisdiction of said State,
Therefore, it is absolutely necessary, for the welfare and safety of the
inhabitants of this State, that it should be, henceforth, a free and inde-
pendent State; and that a just, permanent and proper form of govern-
ment, should exist in it, derived from, and founded on, the authority of
the people only, agreeable to the direction of the honorable American
Congress.
92
First Constitution.
We the representatives of the freemen of Vermont, in General Con-
vention met, for the express purpose of forming such a government,
confessing the goodness of the Great Governor of the Universe, (who
alone, knows to what degree of earthly happiness, mankind may attain,
by perfecting the arts of government,) in permitting the people of this
State, by common consent, and without violence, deliberately to form for
themselves, such just rules as they shall think best for governing their
future society; and being fully convinced that it is our indispensable
duty, to establish such original principles of government, as will best
promote the general happiness of the people of this State, and their pos-
terity, and provide for future improvements, without partiality for, or
prejudice against, any particular class, sect, or denomination of men
whatever, do, by virtue of authority vested in us, by our constituents,
ordain, declare, and establish, the following declaration of rights, and
frame of government, to be the CONSTITUTION of this COMMONWEALTH,
and to remain in force therein, forever, unaltered, except in such articles,
as shall, hereafter, on experience, be found to require improvement, and
which shall, by the same authority of the people, fairly delegated, as this
frame of government directs, be amended or improved, for the more ef-
fectual obtaining and securing the great end and design of all govern-
ment, herein before mentioned.
CHAPTER I.
A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE
STATE OF VERMONT.
1. THAT all men are born equally free and independent, and have
certain natural, inherent and unalienable rights, amongst which are the
enjoying and defending life and liberty; acquiring, possessing and pro-
tecting property, and pursuing and obtaining happiness and safety.
Therefore, no male person, born in this country, or brought from over sea,
ought to be holden by law, to serve any person, as a servant, slave or ap-
prentice, after he arrives to the age of twenty-one years, nor female, in like
manner, after she arrives to the age of eighteen years, unless they are bound
by their own consent, after they arrive at such age, or bound by law, for the
payment of debts, damages, fines, costs, or the like.¹
((
This was the first Emancipation Act in America.
That it was not
a glittering generality "—as was the assertion of the equality of human
rights in the declaration of national independence, and also in other
state constitutions-appears from the following act of the General As-
sembly of Vermont, passed October session 1786:
AN ACT to prevent the sale and transportation of Negroes and Mu-
lattoes out of this State.
Whereas, by the Constitution of this State, all the subjects of this com-
monwealth, of whatever colour, are equally entitled to the inestimabie
blessings of freedom, unless they have forfeited the same by the com-
mission of some crime; and the idea of slavery is expressly and totally
exploded from our free government:
And whereas, instances have happened of the former owners of Ne-
gro slaves in this commonwealth, making sale of such persons as slaves,
notwithstanding their being liberated by the Constitution; and attempts
been made to transport such persons to foreign parts, in open violation
of the laws of the land:
First Constitution.
93
II. That private property ought to be subservient to _public_uses, when
necessity requires it; nevertheless, whenever any particular man's property
is taken for the use of the public, the owner ought to receive an equivalent in
money.¹
or:
III. That all men have a natural and unalienable right to worship
ALMIGHTY GOD, according to the dictates of their own consciences and
understanding, regulated by the word of GOD; and that no man ought,
of right, can be compelled to attend any religious worship, or erect,
or support any place of worship, or maintain any minister, contrary to
the dictates of his conscience; nor can any man who professes the protes-
tant religion be justly deprived or abridged of any civil right as a citizen,
on account of his religious sentiment, or peculiar mode of religious wor-
ship, and that no authority can, or ought to be vested in, or assumed by,
Be it therefore enacted, &c., that if any person shall, hereafter, make
sale of any subject of this State, or shall convey, or attempt to convey
any subject out of this State, with intent to hold or sell such person as a
slave; every person so offending, and convicted thereof, shall forfeit and
pay to the persons injured, for such offence, the sum of one hundred
pounds, and cost of suit; to be recovered by action of debt, complaint or
information.—See D. Chipman's Memoir of Chittenden, pp. 82, 83; Slade's
State Papers, p. 505.
The first deed of emancipation recorded in Vermont, (none being nec-
essary under the Constitution,) was based on the right of a captor, under
a resolve of Congress, to dispose of prizes taken in war, as well as on
the good conscience of Capt. ALLEN, and of the men under his command.
It is as follows:
HEAD QUARTERS, Pollet, 28th November, 1777.
To whom it may concern know ye
Whereas Dinah Mattis, a negro woman with Nancy her child of two
months old was taken prisoner on Lake Champlain with the British
troops somewhere near Col. Gilliner's patten [patent] the twelfth day of
instant November by a scout under my command, and according to a
resolve passed by the honorable the Continental Congress that all prizes
belong to the captivators thereof-therefore she and her child became
the just property of the captivators thereof-I being conscientious that
it is not right in the sight of God to keep slaves-I therefore obtaining
leave of the detachment under my command to give her and her child
their freedom-I do therefore give the said Dinah Mattis and Nancy her
child their freedom to pass and repass any where through the United
States of America with her behaving as becometh, and to trade and to
traffic for herself and child as though she was born free, without being
molested by any person or persons.—In witness whereunto I have set my
hand or subscribed my name.
EBENEZER ALLEN, Capt.
BENNINGTON Town Clerk's Office, July 26, 1870.
I certify that the foregoing is truly copied from Book No. 3 of said
town records, recorded by Moses Robinson when town clerk.
D. F. SQUIRES, Town Clerk.
See Vt. Historical Soc. Collections, vol. I, p. 249.
The parts in Italic are the additions to or changes (often of name
simply,) in the Constitution of Pennsylvania of 1776, to adapt it to Ver-
mont.
94
First Constitution.
any power whatsoever, that shall in any case, interfere with, or in any
manner controul, the rights of conscience, in the free exercisc of reli-
gious worship: nevertheless, every sect or denomination of people ought to
observe the Sabbath, or the Lord's day, and keep up, and support, some sort
of religious worship, which to them shall seem most agreeable to the revealed
will of God.³
IV. That the people of this State have the sole, exclusive and inherent
right of governing and regulating the internal police of the same.
V. That all power being originally inherent in, and consequently, de-
rived from, the people; therefore, all officers of government, whether
legislative or executive, are their trustees and servants, and at all times
accountable to them.
VI. That government is, or ought to be, instituted for the common
benefit, protection, and security of the people, nation or community;
and not for the particular emolument or advantage of any single man,
family or set of men, who are a part only of that community; and that
the community hath an indubitable, unalienable and indefeasible right
to reform, alter, or abolish government, in such manner as shall be, by
that community, judged most conducive to the public weal.
VII. That those who are employed in the legislative and executive
business of the State, may be restrained from oppression, the people have
a right, at such periods as they may think proper, to reduce their public
officers to a private station, and supply the vacancies by certain and regu-
lar elections.
VIII. That all elections ought to be free; and that all freemen, hav-
ing a sufficient, evident common interest with, and attachment to, the
community, have a right to elect officers, or be elected into office.
IX. That every member of society hath a right to be protected in
the enjoyment of life, liberty and property, and therefore, is bound to
contribute his proportion towards the expense of that protection, and
yield his personal service, when necessary, or an equivalent thereto; but
no part of a man's property can be justly taken from him, or applied to
public uses, without his own consent, or that of his legal representatives;
nor can any man who is conscientiously scrupulous of bearing arms, be
justly compelled thereto, if he will pay such equivalent; nor are the
people bound by any law, but such as they have in like manner, assented
to, for their common good.
X. That, in all prosecutions for criminal offences, a man hath a right
to be heard, by himself and his counsel-to demand the cause and nature
of his accusation—to be confronted with the witnesses-to call for evi-
dence in his favor, and a speedy public trial, by an impartial jury of the
country; without the unanimous consent of which jury he cannot be found
guilty; nor can he be compelled to give evidence against himself; nor
can any man be justly deprived of his liberty, except by the laws of the
land or the judgment of his peers.
XI. That the people have a right to hold themselves, their houses,
papers and possessions free from search or seizure; and therefore war-
rants, without oaths or affirmations first made, affording a sufficient
foundation for them, and whereby any officer or messenger may be com-
'See Appendix E.
First Constitution.
95
manded or required to search suspected places, or to seize any person or
persons, his, her or their property, not particularly described, are con-
trary to that right, and ought not to be granted.
XII. That no warrant or writ to attach the person or estate of any free-
holder within this state, shall be issued in civil action, without the person or
persons, who may request such warrant or attachment, first make oath, or af-
firm, before the authority who may be requested to issue the same, that he,
or they, are in danger of losing his, her or their debts.
XIII. That, in controversies respecting property, and in suits between
man and man, the parties have a right to a trial by jury; which ought
to be held sacred.
XIV. That the people have a right to freedom of speech, and of
writing and publishing their sentiments; therefore, the freedom of the
press ought not to be restrained.
XV. That the people have a right to bear arms for the defence of
themselves and the State; and, as standing armies, in the time of peace,
are dangerous to liberty, they ought not to be kept up; and that the
military should be kept under strict subordination to, and governed by,
the civil power.
XVI. That frequent recurrence to fundamental principles, and a firm
adherence to justice, moderation, temperance, industry and frugality, are
absolutely necessary to preserve the blessings of liberty, and keep gov-
ernment free. The people ought, therefore, to pay particular attention
to these points, in the choice of officers and representatives, and have a
right to exact a due and constant regard to them, from their legislators
and magistrates, in the making and executing such laws as are necessary
for the good government of the State.
XVII. That all people have a natural and inherent right to emigrate
from one State to another, that will receive them; or to form a new
State in vacant countries, or in such countries as they can purchase,
whenever they think that thereby they can promote ther own happiness.
XVIII. That the people have a right to assemble together, to con-
sult for their common good-to instruct their representatives, and to ap-
ply to the legislature for redress of grievances, by address, petition or
remonstrance.
XIX. That no person shall be liable to be transported out of this State,
for trial, for any offence committed within this State.
CHAPTER II.
PLAN OR FRAME OF GOVERNMENT.
SECTION I.
THE COMMONWEALTH or STATE OF VERMONT, shall be governed
hereafter, by a Governor, Deputy Governor, Council, and an Assembly
of the Representatives of the Freemen of the same, in manner and form
following.
SECTION II.
The supreme legislative power shall be vested in a House of Repre-
sentatives of the Freemen or Commonwealth or State of Vermont.
SECTION III.
The supreme executive power shall be vested in a Governor and
Council.
96
First Constitution.
SECTION IV.
Courts of justice shall be established in every county in this State.
SECTION V.
The freemen of this Commonwealth, and their sons, shall be trained
and armed for its defence, under such regulations, restrictions and excep-
tions, as the General Assembly shall, by law, direct; reserving al-
ways to the people, the right of choosing their colonels of militia, and
all commissioned officers under that rank, in such manner, and as often,
as by the said laws shall be directed.
SECTION VI.
Every man of the full age of twenty-one years, having resided in this
State for the space of one whole year, next before the election of repre-
sentatives, and who is of a quiet and peaceable behaviour, and will take the
following oath (or affirmation,) shall be entitled to all the privileges of a
freeman of this State.
I-
solemnly swear, by the ever living God, (or affirm in the
presence of Almighty God.) that whenever I am called to give my vote or
suffrage, touching any matter that concerns the State of Vermont, I will do
it so, as in my conscience, I shall judge will most conduce to the best good of
the same, as established by the constitution, without fear or favor of any
man.
SECTION VII.
The House of Representatives of the Freemen of this State, shall con-
sist of persons most noted for wisdom and virtue, to be chosen by the
freemen of every town in this State, respectively. And no foreigner
shall be chosen, unless he has resided in the town for which he shall be
elected, one year immediately before said election.
SECTION VIII.
The members of the House of Representatives, shall be chosen annu-
ally, by ballot, by the freemen of this State, on the first Tuesday of Sep-
tember, forever, (except this present year) and shall meet on the second
Thursday of the succeeding October, and shall be stiled the General As-
sembly of the Representatives of the Freemen of Vermont; and shall
have power to choose their Speaker, Secretary of the State, their Clerk,
and other necessary officers of the house-sit on their own adjournments
-prepare bills and enact them into laws-judge of the elections and quali-
cations of their own members-they may expel a member, but not a
second time for the same cause-They may adininister oaths (or affirma-
tions) on examination of witnesses-redress grievances-impeach State
criminals-grant charters of incorporation-constitute towns, boroughs,
cities and counties, and shall have all other powers necessary for the leg-
islature of a free State but they shall have no power to add to, alter,
abolish, or infringe, any part of this constitution. And for this present
year the members of the General Assembly shall be chosen on the first
Tuesday of March next, and shall meet at the meeting-house, in Windsor,
on the second Thursday of March next.¹
'The constitution, as established on the 2d of July, 1777, provided that
the first election should be holden in December, and that the Assembly
should meet in January following. December 24, 1777, the Convention
met by order of the Council of Safety, and the times of the first
election and session of the General Assembly were fixed as in the text.
First Constitution.
97
SECTION IX.
A quorum of the house of representatives shall consist of two thirds of
the whole number of members elected; and having met and chosen their
speaker, shall, each of them, before they proceed to business, take and
subscribe, as well the oath of fidelity and allegiance herein after directed,
as the following oath or affirmation, viz.
I
do solemnly swear, by the ever living God, (or, I do
solemnly affirm in the presence of Almighty God) that as a member of
this assembly, I will not propose or assent to any bill, vote or resolution
which shall appear to me injurious to the people; nor do or consent to
any act or thing whatever, that shall have a tendency to lessen or abridge
their rights and privileges, as declared in the Constitution of this State;
but will in all things, conduct myself as a faithful, honest representative
and guardian of the people, according to the best of my judgment and
abilities.
And each member, before he takes his seat, shall make and subscribe
the following declaration, viz.
I do believe in one God, the Creator and Governor of the universe,
the rewarder of the good and punisher of the wicked. And I do ac-
knowledge the scriptures of the old and new testament to be given by
divine inspiration, and own and profess the protestant religion.
And no further or other religious test shall ever, hereafter, be required
of any civil officer or magistrate in this State.
SECTION X.
Delegates to represent this State in Congress shall be chosen, by ballot,
by the future General Assembly, at their first meeting, and annually,
forever afterward, as long as such representation shall be necessary.
Any Delegate may be superceded, at any time, by the General Assembly
appointing another in his stead. No man shall sit in Congress longer
than two years successively, nor be capable of re-election for three years
afterwards; and no person who holds any office in the gift of the Con-
gress, shall, thereafter, be elected to represent this State in Congress.
SECTION XI.
If any town or towns shall neglect or refuse to elect and send repre-
sentatives to the General Assembly, two thirds of the members of the
towns that do elect and send representatives, (provided they be a ma-
jority of the inhabited towns of the whole State) when met, shall have
all the powers of the General Assembly, as fully and amply as if the
whole were present.
SECTION XII.
The doors of the house in which the representatives of the freemen
of this State, shall sit, in General Assembly, shall be and remain open
for the admission of all persons, who behave decently, except only, when
the welfare of this State may require the doors to be shut.
SECTION XIII.
The votes and proceedings of the General Assembly shall be printed,
weekly, during their sitting, with the yeas and nays, on any question,
vete or resolution, where one third of the members require it ; (except
when the votes are taken by ballot) and when the yeas and nays are so
taken, every member shall have a right to insert the reasons of his
votes upon the minutes, if he desire it.
SECTION XIV.
To the end that laws, before they are enacted, may be more maturely
considered, and the inconveniency of hasty determination as much as
98
First Constitution.
possible prevented, all bills of public nature, shall be first laid before the
Governor and Council, for their perusal and proposals of amendment, and
shall be printed for the consideration of the people. before they are read in
General Assembly for the last time of debate and amendment; except tem-
porary acts, which, after being laid before the Governor and Council, may
(in case of sudden necessity) be passed into laws; and no other shall be
passed into laws, until the next session of assembly. And for the more
perfect satisfaction of the public, the reasons and motives for making
such laws, shall be fully and clearly expressed and set forth in their pre-
ambles.'
SECTION XV.
The style of the laws of this State shall be," Be it enacted, and it is
hereby enacted, by the Representatives of the Freemen of the State of
Vermont, in General Assembly met, and by the authority of the same."
SECTION XVI.
In order that the Freemen of this State might enjoy the benefit of
election, as equally as may be, each town within this State, that consists,
or may consist, of eighty taxable inhabitants, within one septenary or
1 'It is obvious that, in accordance with this section, the first session of
the General Assembly, March 1778, could have passed such public acts
only as "the sudden necessity" of the time required. Of these some
were temporary, to stand until better considered measures could be
adopted. By a vote of the Council of Safety of Jan. 17, 1778, it seems
that body performed the functions assigned to it of preparing business
for the General Assembly; and by minutes on the journal of the Assem-
bly it appears that the first governor and council also prepared a few
bills. The journals of the Assembly indicate the following acts of that
session:
Act establishing counties each side of the mountain, Bennington and
Unity; the latter changed by amendment to Cumberland.
Act providing attorneys for county courts, and fixing fees.
Act fixing places for holding county elections.
Act of affirmation for Quakers.
Act relating to highways.
Act establishing the common law [of England] in Vermont.
Act regulating town meetings.
Act to regulate the catching of fish in White river.
Act specifying probate districts.
Act authorizing the governor and council to dispose of the estates of
tories, and to draw the lines of defense.
Act relating to the militia.
Acts from the Connecticut statutes to punish treason and other atro-
cious crimes; and against treacherous conspiracies.
There may have been a few others, probably one on the grand list, of
which, however, the minutes in the journal are not definite. These acts
were never printed, and most of them were soon superseded by others.
A committee was appointed to make copies for each town in Cumber-
land county. Western Vermonters could find the acts at Bennington.
First Constitution.
99
seven years, next after the establishing this constitution, may hold elec-
tions therein, and choose each, two representatives; and each other in-
habited town in this State may, in like manner, choose each, one repre-
sentative, to represent them in General Assembly, during the said sep-
tenary or seven years; and after that, each inhabited town may, in like
manner, hold such election, and choose each, one representative, forever
thereafter.
SECTION XVII.
The Supreme Executive Council of this State, shall consist of a Gov-
ernor, Lieutenant-Governor, and twelve persons, chosen in the following
manner, viz. The Freemen of each town, shall, on the day of election
for choosing representatives to attend the General Assembly, bring in
their votes for Governor, with his name fairly written. to the constable,
who shall seal them up, and write on them, votes for the Governor, and
deliver them to the representative chosen to attend the General Assem-
bly; and, at the opening of the General Assembly, there shall be a com-
mittee appointed out of the Council, and Assembly, who, after being
duly sworn to the faithful discharge of their trust, shall proceed to re-
ceive, sort, and count, the votes for the Governor, and declare the person
who has the major part of the votes, to be Governor, for the year en-
suing. And if there be no choice made, then the Council and General
Assembly, by their joint ballot, shall make choice of a Governor.
The Lieutenant Governor and Treasurer, shall be chosen in the man-
ner above directed; and each freeman shall give in twelve votes for
twelve councillors, in the same manner; and the twelve highest in nom-
ination shall serve for the ensuing year as Councillors.
The Council that shall act in the recess of this Convention, shall sup-
ply the place of a Council for the next General Assembly, until the new
Council be declared chosen. The Council shall meet annually, at the
same time and place with the General Assembly; and every member of
the Council shall be a Justice of the Peace for the whole State, by virtue
of his office.
SECTION XVIII.
The Governor, and in his absence, the Lieutenant or Deputy Gover-
nor, with the Council-seven of whom shall be a quorum-shall have
power to appoint and commissionate all officers, (except those who are
appointed by the General Assembly,) agreeable to this frame of govern-
ment, and the laws that may be made hereafter; and shall supply every
vacancy in any office, occasioned by death, resignation, removal or dis-
qualification, until the office can be filled, in the time and manner di-
rected by law or this constitution. They are to correspond with other
States, and transact business with officers of government, civil and mil-
itary; and to prepare such business as may appear to them necessary to
lay before the General Assembly. They shall sit as judges to hear and
determine on impeachments, taking to their assistance, for advice only,
the justices of the supreme court; and shall have power to grant par-
dons, and remit fines, in all cases whatsoever, except cases of impeach-
ment, and in cases of treason and murder—shall have power to grant re-
prieves, but not to pardon, until the end of the next session of the As-
sembly but there shall be no remission or mitigation of punishment,
on impeachment, except by act of legislation. They are also, to take
1
Meaning the Council of Safety.
* Meaning the Supreme Executive Council created by the first clause of
this section.
100
First Constitution.
care that the laws be faithfully executed. They are to expedite the exe-
cution of such measures as may be resolved upon by General Assembly;
and they may draw upon the Treasurer for such sums as may be appro-
priated by the House: they may also lay embargoes, or prohibit the ex-
portation of any commodity for any time, not exceeding thirty days, in
the recess of the House only they may grant such licences as shall be
directed by law, and shall have power to call together the General As-
sembly, when necessary, before the day to which they shall stand ad-
journed. The Governor shall be commander in chief of the forces of
the State; but shall not command in person, except advised thereto by
the Council, and then, only, as long as they shall approve thereof. The
Governor and Council shall have a Secretary, and keep fair books of
their proceedings, wherein any Councillor may enter his dissent, with his
reasons to support it.
SECTION XIX.
All commissions shall be in the name of the freemen of the State of
Vermont, sealed with the State seal, signed by the Governor, and in his
absence the Lieutenant Governor, and attested by the Secretary; which
seal shall be kept by the Council.
SECTION XX.
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. All impeachments
shall be before the Governor or Lieutenant Governor and Council, who
shall hear and determine the same.
SECTION XXI.
The supreme court, and the several courts of common pleas of this
State shall, besides the powers usually exercised by such courts, have
the powers of a court of chancery, so far as relates to perpetuating testi-
mony, obtaining evidence from places not within this State, and the care
of persons and estates of those who are non compotes mentis, and such
other powers as may be found necessary by future General Assemblies,
not inconsistent with this constitution.
SECTION XXII.
Trials shall be by jury; and it is recommended to the legislature of
this State to provide by law, against every corruption or partiality in the
choice, and return, or appointment, of juries.
SECTION XXIII.
All courts shall be open, and justice shall be impartially administered,
without corruption or unnecessary delay; all their officers shall be paid
an adequate, but moderate, compensation for their services; and if any
officer shall take greater or other fees than the laws allow him, either di-
rectly or indirectly, it shall ever after disqualify him from holding any
office in this State.
SECTION XXIV.
All prosecutions shall commence in the name and by the authority of
the freemen of the State of Vermont, and all indictments shall conclude
with these words, "against the peace and dignity of the same." The
style of all process hereafter, in this State, shall be,-The State of Ver-
mont.
SECTION XXV.
The person of a debtor, where there is not a strong presumption of
fraud, shall not be continued in prison, after delivering up, bona fide, all
1
First Constitution.
101
his estate, real and personal, for the use of his creditors, in such man-
ner as shall be hereafter regulated by law. All prisoners shall be bail-
able by sufficient securities, unless for capital offences, when the proof is
evident or presumption great.
SECTION XXVI.
Excessive bail shall not be exacted for bailable offences; and all fines
shall be moderate.
SECTION XXVII.
That the General Assembly, when legally formed, shall appoint times
and places for county elections, and at such times and places, the free-
men in each county respectively, shall have the liberty of choosing the
judges of inferior court of common pleas, sheriff, justices of the peace,
and judges of probate, commissioned by the Governor and Council,
during good behavior, removable by the General Assembly upon proof
of mal-administration.
SECTION XXVIII.
That no person, shall be capable of holding any civil office, in this
State, except he has acquired, and maintains a good moral character.
SECTION XXIX.
All elections, whether by the people or in General Assembly, shall be
by ballot. free and voluntary; and any elector who shall receive any gift
or reward for his vote, in meat, drink, monies or otherwise, shall forfeit
his right to elect at that time, and suffer such other penalty as future
laws shall direct. And any person who shall, directly or indirectly,
give, promise, or bestow, any such rewards to be elected, shall, thereby,
be rendered incapable to serve for the ensuing year.
SECTION XXX.
All fines, licence money, fees and forfeitures, shall be paid, according
to the direction hereafter to be made by the General Assembly.
SECTION XXXI.
All deeds and conveyances of land shall be recorded in the town
clerk's office, in their respective towns.
SECTION XXXII.
The printing presses shall be free to every person who undertakes to
examine the proceedings of the legislature, or any part of government.
SECTION XXXIII.
As every freeman, to preserve his independence (if without a suffi-
cient estate) ought to have some profession, calling, trade or farm,
whereby he may honestly subsist, there can be no necessity for, nor use
in, establishing offices of profit, the usual effects of which are depend-
ence and servility, unbecoming freemen, in the possessors or expectants;
faction, contention, corruption and disorder among the people. But if
any man is called into public service, to the prejudice of his private af-
fairs, he has a right to a reasonable compensation; and whenever an
office, through increase of fees, or otherwise, becomes so profitable as to
occasion many to apply for it, the profits ought to be lessened by the
legislature.
SECTION XXXIV.
The future legislature of this State, shall regulate entails, in such man-
ner as to prevent perpetuities.
SECTION XXXV.
To deter more effectually from the commission of crimes, by continued
visible punishment of long duration, and to make sanguinary punish-
102
First Constitution.
ments less necessary; houses ought to be provided for punishing, by
hard labor, those who shall be convicted of crimes not capital; wherein
the criminal shall be employed for the benefit of the public, or for rep-
aration of injuries done to private persons; and all persons, at proper
times, should be admitted to see the prisoners at their labor.
SECTION XXXVI.
Every officer, whether judicial, executive or military, in authority un-
der this State, shall take the following oath or affirmation of allegiance,
and general oath of office, before he enter on the execution of his office.
The oath or Affirmation of Allegiance.
"I
do solemnly swear by the ever living God, (or
affirm in presence of Almighty God,) that I will be true and faithful to
the State of Vermont; and that I will not, directly or indirectly, do any
act or thing, prejudicial or injurious, to the constitution or government
thereof, as established by Convention."
66 I
The Oath or Affirmation of Office.
do solemnly swear by the ever living God, (or
affirm in presence of Almighty God) that I will faithfully execute the
office of
; and will do equal right and jus-
tice to all men, to the best of my judgment and abilities, according to
law."
for the
of
SECTION XXXVII.
No public tax, custom or contribution shall be imposed upon, or paid
by, the people of this State, except by a law for that purpose; and before
any law be made for raising it, the purpose for which any tax is to be
raised ought to appear clear to the legislature to be of more service to
the community than the money would be, if not collected; which being
well observed, taxes can never be burthens.
SECTION XXXVIII.
Every foreigner of good character, who comes to settle in this State,
having first taken an oath or affirmation of allegiance to the same, may
purchase, or by other just means acquire, hold, and transfer, land or
other real estate; and after one years residence, shall be deemed a free
denizen thereof and be entitled to all the rights of a natural born subject
of this State; except that he shall not be capable of being elected a rep-
resentative, until after two years residence.
SECTION XXXIX.
That the inhabitants of this State, shall have liberty to hunt and fowl,
in seasonable times, on the lands they hold, and on other lands (not en-
closed ;) and, in like manner, to fish in all boatable and other waters, not
private property, under proper regulations, to be hereafter made and pro-
vided by the General Assembly.
SECTION XL.
A school or schools shall be established in each town, by the legisla-
ture, for the convenient instruction of youth, with such salaries to the
masters, paid by each town, making proper use of school lands in each
town, thereby to enable them to instruct youth at low prices. One gram-
mar school in each county, and one university in this State, ought to be
established by direction of the General Assembly.
SECTION XLI.
Laws for the encouragement of virtue and prevention of vice and im-
morality, shall be made and constantly kept in force; and provision shall
be made for their due execution; and all religious societies and bodies of
First Constitution.
103
men, that have or may be hereafter united and incorporated, for the ad-
vancement of religion and learning, or for other pious and charitable
purposes, shall be encouraged and protected in the enjoyment of the
privileges, immunities and estates which they, in justice, ought to enjoy,
under such regulations, as the General Assembly of this State shall di-
rect.
SECTION XLII.
All field and staff officers, and commissioned officers of the army, and
all general officers of the militia, shall be chosen by the General As-
sembly.
SECTION XLIII.
The declaration of rights is hereby declared to be a part of the Con-
stitution of this State, and ought never to be violated on any pretence
whatsoever.
SECTION XLIV.
In order that the freedom of this Commonwealth may be preserved
inviolate, forever, there shall be chosen, by ballot, by the freemen of this
State, on the last Wednesday in March, in the year one thousand seven
hundred and eighty-five, and on the last Wednesday in March, in every
seven years thereafter, thirteen persons, who shall be chosen in the same
manner the council is chosen-except they shall not be out of the Coun-
cil or General Assembly—to be called the Council of Censors; who
shall meet together, on the first Wednesday of June next ensuing their
election; the majority of whom shall be a quorum in every case, except
as to calling a Convention, in which two thirds of the whole number
elected shall agree; and whose duty it shall be to enquire whether the
constitution has been preserved inviolate, in every part; and whether
the legislative and executive branches ofgovernment have performed
their duty as guardians of the people; or assumed to themselves, or ex-
ercised, other or greater powers, than they are entitled to by the consti-
tution. They are are also to enquire whether the public taxes have been
justly laid and collected, in all parts of this Commonwealth-in what
manner the public monies have been disposed of, and whether the laws
have been duly executed. For these purposes they shall have power to
public censures-to order impeachments, and to recommend to the legis-
send for persons, papers and records: they shall have authority to pass
lature the repealing such laws as appear to them to have been enacted
contrary to the principles of the constitution. These powers they shall
continue to have, for and during the space of one year from the day of
their election, and no longer. The said Council of Censors shall also
have power to call a Convention, to meet within two years after their sit-
ting, if there appears to them an absolute necessity of amending any ar-
ticle of this constitution which may be defective-explaining such as
may be thought not clearly expressed, and of adding such as are neces-
sary for the preservation of the rights and happiness of the people; but
the articles to be amended, and the amendments proposed, and such ar-
ticles as are proposed to be added or abolished, shall be promulgated at
least six months before the day appointed for the election of such con-
vention, for the previous consideration of the people, that they may have
an opportunity of instructing their delegates on the subject.
COUNCIL OF SAFETY
OF THE
STATE OF VERMONT.
JULY 8, 1777-MARCH 12, 1778.
9
INTRODUCTION.
THE first volume in manuscript of the records of the Council of Safety,
and of the Governor and Council of the State of Vermont, has the fol-
lowing statement prefixed :
The first 20 pages in this Book is left blank for the purpose of Enter-
ing the Minutes of the Council of Safety of the State of Vermont from
January 1776 [to] the 15th August 1777, during which time Colo Ira
Allen was Secretary and has the Minutes of sd Council in his posses-
sion.
March 18th, 1788.
Certified by
JOSEPH FAY, Sec'y.
It is evident, therefore, that the official record is imperfect, in that it
contains no entry for the period indicated in the above certificate. Fol-
lowing the record for Dec. 20, 1777, is the following:
The end of the Proceedings of Council as recorded in Book No. 1, en-
tered in this book this 224 day of March 1788.
By order of the Governor and Council,
JOSEPH FAY, Sec'y.
From the number of pages in the copy, "Book No. 1" must have con-
tained about one quire of paper, and it is most probable that it was un-
bound except by stitching. Books of that sort were probably used for
several years. Other evidence is found that the early records of the
Council of Safety, of the Conventions, of the Governor and Council,
and of the General Assembly, had been loosely kept and were not in a
fit state for preservation; and chief is the following record of a vote of
the Governor and Council, June 18, 1778 :
Voted that Doctr. Jonas Fay, Colo. Moses Robinson and Captain Ira
Allen, Esqrs. be and they are hereby appointed a committee to Inspect
into the votes or doings of the several Conventions from [blank for the
insertion of dates] Together with the doings of the Council of Safety,
the present Council and house of Representatives, and put them in Reg-
ular order, and Record them in Books for that purpose.
It will be seen that the official record of the Council of Safety is not a
regular journal of daily proceedings, but simply a record of "votes or
doings," in resolves, orders, letters, &c., the preservation of which was
deemed desirable. It would be impossible to recast the record in the
108
Council of Safety-Introduction.
form of a journal; but the various proceedings recorded may be pre-
sented in chronological order, [they are not so in the official record,]
and such acts or letters of the Council as are not recorded, and can be
gathered from other sources, may be inserted in the proper places. This
has been done, care being taken to note the various papers thus recovered,
either by inserting them as notes, or in the appendix, and indicating the
source from which they were obtained if inserted in the body of recorded
proceedings. The doings of the Council previous to Aug. 15, 1777, of
course precede the official record.
POWERS OF THE COUNCIL.
The Council of Safety was appointed July 8, 1777, as a temporary sub-
stitute for a state government in time of war. For that purpose its power
was, like that of every other State Council, limited only by the exigen-
cies of the times. It was also specifically vested, by the Convention
which created it, with all the powers of that constitutional body which
consisted of the "Governor, Lieutenant Governor, and Council," though
of course without the Governor and Lieutenant Governor. Its acts and
orders for the time being had the force of laws; it was itself the execu-
tor of them, or it appointed executors; it exercised judicial powers; it
served as a board of war; it punished public enemies, or reprieved
them; it transacted business civil and military with other States and
with Congress; it prepared business for the first General Assembly; it
was THE STATE.
The special powers conferred upon the Council of Safety by the Con-
stitution of July 8, 1777, are as follows:
The Council [of Safety] that shall act in the recess of this Convention,
shall supply the place of a Council for the next General Assembly, until
the new Council be declared chosen. The Council' shall meet annually,
at the same time and place with the General Assembly; and every mem-
ber of the Council shall be a Justice of the Peace for the whole State,
by virtue of his office.
SECTION XVIII.
The Governor, and in his absence, the Lieutenant or Deputy Gover-
nor, with the Council-seven of whom shall be a quorum-shall have
power to appoint and commissionate all officers, (except those who are
appointed by the General Assembly,) agreeable to this frame of govern-
ment, and the laws that may be made hereafter; and shall supply every
1
¹ The President, Vice President, and Secretary of the Council were its
executive officers, and, so far as necessary, they performed the same
functions as did the Governor, Lieutenant Governor, and Secretary of
State, after the organization of the State government under the consti-
tution.
2 Meaning the Supreme Executive Council created by the first clause of
section seventeen of the Plan or Frame of Government.
Council of Safety—Introduction.
109
vacancy in any office, occasioned by death, resignation, removal, or dis-
qualification, until the office can be filled, in the time and manner direct-
ed by law or this constitution. They are to correspond with other States,
and transact business with officers of government, civil and military;
and to prepare such business as may appear to them necessary to lay be-
fore the Geneaal Assembly. They shall sit as judges to hear and deter-
mine on impeachments, taking to their assistance, for advice only, the
justices of the supreme court; and shall have power to grant pardons,
and remit fines, in all cases whatsoever, except cases of impeachment,
and in cases of treason and murder-shall have power to grant reprieves,
but not to pardon, until the end of the next session of the Assembly :
but there shall be no remission or mitigation of punishment, on impeach-
ments, except by act of legislation. They are also to take care that the
laws be faithfully executed. They are to expedite the execution of such
measures as may be resolved upon by General Assembly; and they may
draw upon the Treasurer for such sums as may be appropriated by the
House they may also lay embargoes, or prohibit the exportation of any
commodity for any time, not exceeding thirty days, in the recess of the
House only they may grant such licences as shall be directed by law,
and shall have power to call together the General Assembly, when neces-
sary, before the day to which they shall stand adjourned. The Governor
shall be commander in chief of the forces of the State; but shall not
command in person, except advised thereto by the Council, and then,
only as long as they shall approve thereof. The Governor and Council
shall have a Secretary, and keep fair books of their proceedings, wherein
any Councillor may enter his dissent, with his reasons to support it.
MEMBERS OF THE COUNCIL.
HEMAN ALLEN, of Colchester."
IRA ALLEN, of Colchester.¹
JACOB BAYLEY, of Newbury.
BENJAMIN CARPENTER, of Guilford, [from Dec. 24, 1777, in
place of Benj. Spencer, of Clarendon, Tory.]
THOMAS CHITTENDEN, of Williston.¹
JEREMIAH CLARK, of Shaftsbury-[ probably.]
NATHAN CLARK, of Bennington.
JONAS FAY, of Bennington.
JOSEPH FAY, of Bennington.
MATTHEW LYON, of Arlington-[ probably.]
MOSES ROBINSON, of Bennington.
PAUL SPOONER, of Hartland.
OFFICERS.
THOMAS CHITTENDEN, President.
JONAS FAY, Vice President.
IRA ALLEN, to Sept. 6, 1777,
JOSEPH FAY, Sept. 6, 1777, to March 12, 1778,
Secretary.
1 Their homes were in these towns, though at this time they were tem-
porarily residents of Bennington county.
110
Council of Safety-Introduction.
THE ALLEN FAMILY.
The presentation of the above names in alphabetical order puts first on
this Roll of Honor two brothers out of five who were then residents of
the State; and yet there was a third to whom by common consent at
this day the same honor would be assigned-ETHAN ALLEN. He was,
however, at that date, in duress as a prisoner of war. The most remark-
able family in Vermont at that period, or indeed that has ever been in it,
was the ALLEN FAMILY. A few others have been equally or more
numerous, but the members of no one family have ever been both so
eminent and so generally identified with the history of the State.. From
SAMUEL ALLEN, of Chelmsford, Mass., (in 1632,) and Windsor, Conn., (in
1636,) descended the six sons of JOSEPH ALLEN of Litchfield and
Coventry, Conn., to wit: Gen. ETHAN, Capt. HEMAN, Maj. HEBER,
Lieut. LEVI, ZIMRI, and Col. IRA; and also Hon. HEMAN ALLEN, of
Colchester, son of Maj. Heber Allen. This Heman was called "Chili
Allen," to distinguish him from other two Hemans. From MATTHEW AL-
LEN, a brother of the ancestor of JOSEPII the father of Ethan, &c., de-
scended Major EBENEZER ALLEN of Tinmouth and Hon. HEMAN AL-
LEN of Milton, (afterwards of Burlington,) and their issue. To this is to
be added the fact that MARY BAKER, wife of JOSEPH ALLEN and mother
of Ethan, &c., was sister of the father of REMEMBER BAKER, the brave
associate of Ethan Allen. BAKER and the six sons of JOSEPH ALLEN
were therefore cousins. Finally, the mother of REMEMBER BAKER was
aunt to SETH WARNER: and thus the most distinguished of the early
heroes and statesmen of Vermont were allied far more intimately than
by their common descent from Adam. In the Ethan Allen Mss., close
of the index, is the following record :
JOSEPH ALLEN was married at Woodbury, Connecticut, to Mary
daughter of John Baker, March 11, 1737. She was sister of Remember
Baker the father of Capt. Remember Baker who was born June 1737 at
Woodbury, [Conn.] and killed near Canada line Aug 22ª 1775. Joseph
and Mary Allen's children were—
[Gen.] ETHAN-born at Litchfield, Conn., Jan³ 10, 1738, married Ma-
ry Brownson of Roxbury June 23, 1762, [who died at Sunderland early
in the year 1783,¹ and was buried in the north cemetery, which had
1
¹ The following monumental inscription for MARY BROWNSON ALLEN
was written by her husband, and published in the Vermont Gazette, Ben-
nington, July 10, 1783. It is Gen. ALLEN's only attempt at poetry so
far as the editor knows:
Farewell, my friends, this fleeting world adieu,
My residence no longer is with you,
My children I commend to Heaven's care,
And humbly raise my hopes above despair:
And conscious of a virtuous transient strife,
Anticipate the joys of the next life;
Yet such celestial and ecstatic bliss
Is but in part conferred on us in this.
Council of Safety—Introduction.
111
been deeded to the town by Ira Allen.-Vt. Hist. Mag. vol. I, pp. 135, 239.
Married, Feb. 9, 1784, Mrs. Frances [Lydia, Fanny,] Buchanan,' widow
of a British officer and daughter of Margaret Montuzan, who was second
wife of the notorious tory, Crean Brush.-Eastern Vermont, pp. 604,
629: Vt. Hist. Mag., vol. I, p. 764.] He died Feby 13 [or 12] 1789, at
Burlington.
[Capt.] HEMAN-born at Cornwall, Conn., October 15, 1740; died May
18, 1778.-I. Allen's History, p. 101, in Vt. Hist. Soc. Coll., vol. I, p.
388.1
LYDIA-born at Cornwall, Conn., April 6, 1742. [Married a Mr. Finch,
and lived and died in Goshen, Conn.-Vt. Hist. Mag., vol. 1, p. 561.]
[Major] HEBER-born at Cornwall, Conn., Oct. 4, 1743. [Father of He-
man Allen of Colchester, known as "Chili Allen," who, on the death of
his father Heber at Poultney, was adopted by Ira Allen. HEMAN ALLEN
of Colchester was born in Poultney, Feb. 23, 1779, was member of Con-
gress in 1817-18, and resigned in the latter year to accept the office of U.
S. Marshal for the District of Vermont He was appointed Minister to
Chili by President Monroe in 1823, resigned that office in 1828, and died
at Highgate, April 9, 1852.-See Dictionary of Congress, and Vt. Hist.
Mag., vol. 1, p. 764. HEMAN ALLEN of Milton and Burlington was of
another line of the same Allen Family, son of Enoch Allen, born at
Ashfield, Mass., June 14, 1777. He was a member of Congress eight
years, 1827-29 and 1833-39, and died at Burlington Dec. 11, 1844.—Dic-
tionary of Congress, and Vt. Hist. Mag., vol. 1, pp. 606-8, 840.]
[Lieut.] LEVI-born at Cornwall, Conn, July 16, 1745. [Died in Bur-
lington in 1801.- Vt. Hist. Mag., vol 1, p. 562.]
LUCY-born at Cornwall, Conn., April 2, 1747. [Married a Dr. Bebee,
and lived and died in Sheffield, Mass.-Vt. Hist. Mag., vol. I, p. 561.]
ZIMRI-born at Cornwall, Conn., Dec. 14, 1748. [Died at Sheffield,
Mass.-Vt. Hist. Mag., vol. 1, p. 562.]
[ Col.] IRA, (the youngest)-born [at Cornwall, Coun, April 21, 1751.
Married Jerusha, daughter of Gen. Robert Enos, and had three chil-
dred Zimri, who died at Colchester, Aug. 22, 1813, aged 21; Ira H.,
who died at Irasburgh, April 29, 1866, in the 76th year of his age; and
Maria Juliet, who died at St. Albans, August 18, 1811, aged 17 years.
Confiding in the power of God most high,
His wisdom, goodness, and infinity,
Displayed, securely I resign my breath
To the cold, unrelenting stroke of death;
Trusting that God, who gave me life before,
Will still preserve me in a state much more
Exalted mentally beyond decay,
In the blest regions of eternal day.
However irreligious many suppose ETHAN ALLEN to have been, it is
clear that he here recognized the sublime power of Christian faith in his
wife. He represents her, not as being annihilated, but as having en-
tered into "the blest regions of eternal day."-See Zadock Thompson's
Lecture on the Allen Family, in Vt. Hist. Mag., vol. 1, p. 567.
¹ Frances Buchanan in Eastern Vermont; Lydia Buchanan in Vt. Hist.
May., vol. 1, p. 567; and called Fanny, by Ira Allen in 1809, when she
was the wife of Jabez Penniman.
112
Council of Safety-Introduction.
Col. Ira Allen died at Philadelphia, Jan. 7, 1814, in the 62d year of his
age.-Vt. Hist. Mag., vol. I, pp. 770-776.]¹
2
Of the six sons of JOSEPII ALLEN, Zimri seems to have resided in
the state no very long time-in any event, he is not named in history ;
and Levi was never a permanent resident. He was in the state in 1775,
and served as lieutenant on the Whig side, but he soon left it and be-
came and continued to be a Tory until the close of the revolutionary
war. For this, Ethan Allen complained of him to the court of confisca-
tion, Jan. 9, 1779, and his property was confiscated. In 1786 he returned
and was employed by the state as commissioner to negotiate a commer-
cial treaty with the Provinces of Canada and Great Britain. It was a
service for which his Tory proclivities fitted him, but he failed in it.³
The four other sons rank among the fathers of Vermont, and two of
them with the most eminent Vermonters of their day. Ethan, Heman,
Zimri, and Ira Allen, with Remember Baker, constituted The Onion
River Land Company," and as such became the most extensive proprietors
of land in the state-of course under the New Hampshire Grants origin-
ally, and subsequent to the state organization by grants from Vermont.*
Thus the controversy with New York involved their title to lauded prop-
erty to an immense amount, and this stimulated them to their zealous,
courageous, persistent, and finally successful efforts for the independence
of the state. Levi Allen was the equal of his brothers in talents, en-
1 It will be observed that the dates of the death of Heber and Zimri
Allen are not given. Heber died at Poultney; and from a letter of Ira
Allen to all the branches of the Allen family (in Letters of Ira Allen, in
the State Library,) Feb. 9, 1809, it appears that Ethan, Heman, Heber and
Zimri died previous to 1795. Heber was first town clerk of Poultney,
and he was a member of the court of confiscation for the shire of Rut-
land in 1778—his last office apparently. He doubtless died soon after his
service in this capacity, otherwise it is most probable his name would
have appeared as representative of Poultney, or as an officer of Rutland
county, which was organized in 1781. The birth of his son Heman is
given above as Feb. 1779, and it is recorded that this son was adopted by
Ira Allen; the inference being that he was young when his father died.
2 Slade's State Papers, p. 563.
³ Vt. Hist. Soc. Collections, vol. 11, pp. 441, 445.
66
* In 1809 and 1810, IRA ALLEN estimated his real estate in Vermont to
be worth, on a proper appraisal, from one million to one million and a
half of dollars; which, he charged, a conspiracy of men" was attempt-
ing to secure by fraudulent titles. As he had been, and was then, the
administrator of the estates of Ethan, Capt. Heman, Levi, and Zimri
Allen, and also of Remember Baker, and as such had taken all their land
into his possession, this seems to be Allen's estimate of the value of the
then remnants of the real estate of the Onion River Land Company.
--See Letters of Ira Allen, in the State Library, pp. 18, 31.
Council of Safety-introduction.
113
ergy, enterprise and bravery, but not in patriotism and judgment. He
was eccentric and unstable-as "the rolling stone that gathers no moss"
-and he therefore garnered no such wealth of honor and renown as did
they. From the first they seem to have doubted the character of Levi,
since he was not a member of the great land company, and was after-
ward repudiated as a Tory. Of this an amusing piece of evidence is
found in doggerel verses which were attributed, not without reason, to
Levi Allen, as having been written when he was smarting under the
loss of his property, which he charged to Ira, although Ethan entered
the complaint. It shows that both Ethan and Ira regarded Levi as a
great rogue, for which Levi took his revenge by counting Ira as the
greatest rogue of the three. It is as follows:
THE THREE BROTHERS.
ETHAN.-Old Ethan once said over a full bowl of grog,
Though I believe not in Jesus, I hold to a God :
There is also a Devil-you will see him one day
In a whirlwind of fire take Levi away.
IRA.-Says Ira to Ethan it plain doth appear
That you are inclined to banter and jeer;
I think for myself and I freely declare
Our Levi's too stout for the prince of the air;
If ever you see them engaged in affray,
'Tis our Levi who'll take the Devil away.
LEVI.-Says Levi, your speeches make it perfectly clear
That you both seem inclined to bauter and jeer;
Though through all the world my name stands enrolled
For tricks sly and crafty, ingenious and bold,
There is one consolation which none can deny
That there's one greater rogue in this world than I.
ETHAN AND IRA.-" Who's that ?" they both cry with equal surprise.
LEVI.—'Tis Ira! 'tis Ira! I yield him the prize.¹
The fate of the sons of JOSEPH ALLEN was as remarkable as were
the qualities of the men. Heber and Zimri did not become very promi-
nent, and nothing remarkable is recorded of their end; but the other four
were all marked men. Gen. Ethan's most vigorous days, and at the
period when his services would have been most useful to his country,
were wasted in a British prison, and he died suddenly at the age of fifty-
one. Capt. Heman, whose public life opened with a fair promise of rich
fruitage, died in his twenty-ninth year. Lieut. Levi was as brilliant
in capacity and as daring in enterprise as either Ethan or Ira, but he
"unstable as water," and his life was a failure; while Ira the last
was
¹ Vt. Hist. Mag., vol. 1, p. 573.
114
Council of Safety-Introduction.
born attained the longest age, rendered the most numerous and valuable
services, and had the largest opportunities, but the immense wealth he
acquired was wasted through protracted controversies at home and abroad;
he was forced to quit the state he so successfully served, to preserve his
personal liberty from exacting creditors; he died in poverty, and was
buried in a stranger's grave with no stone to mark the spot.¹
BIOGRAPHICAL NOTICES OF THE MEMBERS OF THE COUNCIL.
Capt. HEMAN ALLEN's birth and death have been already recorded.
Beyond these events in his short life we get only a few glimpses; but
these impress us with a strong conviction that in character and capacities
he was fully the equal of the two brothers whose fame is now national.
His name appears in the record of every Convention, save two, from
July 1775 to July 1777; and of the last he was undoubtedly a member, as
he was appointed by it on the Council of Safety. In two he was a dele-
gate at large, or adviser and counsellor: once with SETH WARNER, and
again with THOMAS CHITTENDEN, JONAS FAY, JEREMIAH CLARK,
TIMOTHY BROWNSON, and IRA ALLEN, who were all in the first Gover-
nor's Council under the constitution. He was employed on the most
important committees, sometimes as chairman, as of the committee of
1
In a letter to ELEAZER KEYES, July 3, 1810, IRA ALLEN wrote as
follows:
It is very strange that my friends [heirs of Ethan Allen, &c.,] and
Enemies act on one Principle to cut off my Resources, of many which
has been considered the most sure means [by cutting them off] of Pre-
venting me from obtaining Justice in Great Britain and Vermont. By
this strange Coalition I was obliged to consert such measures as I could
to Leave Burlington Prison, for it was the Price of my Life to be Lib-
erated, for my Health was so much Injured by English and French and
Vermont Prisons it was Certain Death to Remain there, nor have I yet
Gained my Health although for much time constantly in use of Medical
aid. On these Principles I left Burlington in 1803.
Skin for skin, yea
66
all that a Man hath will he Give for his Life," are the words of Satan in
answer to the Lord in the Book of Job. Are these the rewards for un-
common Exertions in Exploring a new Country before I was Twenty-
one years of age, Concerting Plans for Extensive Purchases of Lands,
the attention Paid to my Deceast friends [and] their Heirs, and Exer-
tions for the Independence of Vermont and the United States?
In another letter, Oct. 9, 1809, to Mrs. FANNY PENNIMAN, widow
of ETHAN ALLEN, he wrote:
I publicly, even in the newspapers, declared my determination to sup-
port the rights of the Heirs of my deceased friends, and commenced a Suit
against Major Ormsby for the recovering of the old Homestead of my
deceased brother; but was soon after obliged to fly from every thing dear
to me in Vermont, to preserve my own existence; and not having fully
regained my health lost in English, French, and Vermont Prisons, I
shall not hastily expose my person to a Vermont Bastile.-Letters of Íra
Allen, pp. 13, 34.
Council of Safety—Introduction.
115
Jan. 1776 to fix the basis of representation of the towns in Convention,
of the committee of July 1776 to treat with the inhabitants of eastern
Vermont, and of Jan. 15, 1777, to prepare the "Declaration" for the press.
He was also in the list of the first agents or commissioners appointed
January 1776 to present the case of Vermont to Congress, and was ap-
pointed to the same office in January 1777. He attended upon Congress
in 1776, and by his tact saved the state from an adverse decision by
that body which at that time would have been greatly injurious if not fatal
to the interests of Vermont. He thus stands out prominently as a leading
man in the conventions, and the important and delicate duties assigned to
him by his colleagues indicate even a higher degree of confidence in his
judgment than they would probably accord to the more impulsive but
older brother Ethan, or the much younger and perhaps more brilliant
Ira. It is worth remarking that Ira was quite willing to stand subordinate
to Heman, which is high testimony to the excellence of the elder
brother. Heman Allen doubtless took an active part in the Council up
to the battle of Bennington, in which he contracted the disease that
proved fatal in the month of May succeeding. He died in Connecticut.
IRA ALLEN came to Vermont "in 1771, when 21 years of age," says
Hon. DAVID READ, but in fact he was a little younger. His first work was
for “The Onion River Land Company," but speedily his landed interest
drove him into public affairs, and chiefly in the controversy with New
York. In July, 1775, he was appointed Lieutenant in Warner's regi-
ment; soon he became Captain, then Colonel, and finally Major-General
of militia. He was most distinguished, however, for his civil services.
As delegate in Conventions he was very active, serving as Secretary and
on important committees. He was ever busy with his pen, defending
the interests of the State in newspaper articles and pamphlets, assisting
Gov. Chittenden in his correspondence, preparing documents for the
Conventions, and finally conducting the diplomatic correspondence with
Gen. Haldimand.³ If any other opportunity for diplomacy occurred—as
Since the publication of the second volume of the Vermont Histori-
cal Society Collections, containing the Haldimand correspondence, the
editor of that volume (and of this) has discovered a very interesting esti-
mate of the valuable fruits of the services and policy of Vermont in 1775
-'83, by a principal actor in the drama-IRA ALLEN. It is in a letter
of ALLEN to Hon. SAMUEL HITCHCOCK of Burlington, dated Oct. 11.
1809, of which the following is an extract:
I have no doubt, but the British Government have been deceived by
designing men, and that some prejudices remained from the events of
the revolution, [Haldimand Correspondence.] by which means designing
men could the easier impose on Government; but these frauds have
vanished before truth, as white frost before the beams of the rising sun.
It is recorded in sacred writ, "That a Prophet has no honour in his
own country and amongst his kindred." I have much reason to believe
116
Council of Safety-Introduction.
for example, with New Hampshire on the projected Unions, or in enlist-
ing officers of the army and leading men of the New England and Mid-
dle States in the interest of Vermont, or in negotiating for free trade
with Canada and Great Britain,¹-Ira Allen was the man selected. He
was a member of the Council of Safety, and of the Board of War; of the
General Assembly two years, and of the Governor's Council nine years;
State Treasurer nine years; Surveyor General nine years also; and
finally, in 1790, he was one of the commissioners on the part of Ver-
mont who amicably settled the long protracted and violent controversy
with New York and ensured the admission of Vermont to the Union.
Early in his career he designed the connection of the St. Lawrence river
with Lake Champlain by a canal, some years in advance of the similar
scheme of ELKANAH WATSON and Maj. Gen. PHILIP SCHUYLER for
this scripture, which is the more confirmed, when I know that the cap-
ture of Ticonderoga, &c., and the fame of the Green Mountain boys are
more thought of in Europe than in the United States. That in the
Southern States, the battle of Bennington is considered to have caused
the change of the Commander in Chief of the Northern army, and a
stepping-stone to the capture of Gen. Burgoyne and army. That the
truce between the British in Canada and Vermont, in causing the inac-
tivity of 10,000 British troops, enabled Gen. Washington to capture Lord
Cornwallis and army. As the people in the Southern States severely
felt the movements and effects of Lord Cornwallis and army, and as
Virginia has been famous for Presidents, it was not improper to give a
sketch of these matters in a pamphlet addressed to the freemen of Ver-
mont.
In the books of the Olive Branch you will see that I have been severe
on the British and French Governments, and that I have not in some
instances spared individuals. A justice due to myself, family, and coun-
try, made such measures a duty incumbent upon me; yet you will find
that I have uniformly been opposed to this country's being involved
in war, ever since I commenced negociator for peace and friendship in
1780. That the negociators of Vermont in 1781 fulfilled all the engage-
ments they made, that the event at Yorktown by the combined power
of France and the United States, was as much out of the controle of
the cabinet of Vermont, as the events of Europe are now out [of] the
controle of the cabinet of the United States; yet, you will see by the
20th page of a pamphlet addressed to the freemen of Vermont that
by uniting the people in Vermont, by union, &c.,* (before which they
were exposed to enemies on every side,) they gained the securest
situation of any of the people in the United States; for if the events
of war had terminated in favour of Great Britian, Vermont would have
been a favourite Colony under the Crown; if in favour of the United
States, they were prepared for a sister State in the Federal Union, which
they obtained, after extinguishing all the grants of land made by the late
Colony of New York in Vermont, for a trifling consideration.-Letters of
IRA ALLEN, pp. 9,10.
*
..
66
The union, &c.," refers to the East and West Unions, with parts of New Hampshire and New
York,"
which," as ALLEN subsequently said in this letter, were dissolved when I [he] was at
Congress supporting them." This was the fact, and he disapproved of their dissolution as soon as
he was apprized of it.
¹ Ira was at the head of the project, and Levi was employed to go per-
sonally to Quebec on Ira's suggestion.
Council of Safety-Introduction.
117
the present "Champlain Canal ;" and he was the founder of the Univer-
sity of Vermont. In Dec. 1795 he sailed for England to press his canal
project, for which he could get nothing but fair words from the British
Cabinet; and to purchase arms for the State, which he succeeded in do-
ing in France and shipped them under the French flag. The vessel
was seized by a British cruiser and the cargo was condemned as a law-
ful prize. For eight years Allen contested this case in the British courts,
and finally won his property, but at a cost, in expenses, far exceeding its
value. On his return he found his business in Vermont broken up, and
himself so involved pecuniarily that he must leave the State, never to
return. The State of Vermont has just provided munificently for a
statue of ETHAN ALLEN, to stand in the old Representatives' Hall of
Congress till it shall crumble by the breath of time, a mute but eloquent
witness of the bravery and patriotism of her sons: but the records of the
services of IRA ALLEN, in her struggles and history,-of his skill as
statesman and diplomatist-of his grand designs for the promotion of
learning and the development of the material resources of the State,-
will forever stand, a monument more brilliant than brass and more last-
ing than marble.
GEN. JACOB BAYLEY was born in Newbury, Mass., July 2, 1728, and
married Prudence Noyes, Oct. 16, 1745. He settled in Hampstead in
1745; was a captain in the French war, 1756, and escaped from the mas-
sacre of Fort Wm. Henry in Aug. 1757; was colonel at the taking of
Ticonderoga and Crown Point by Amherst in 1759; and arrived in New-
bury, Vt., in Oct. 1764. In 1776 he commenced the celebrated Hazen
road, which was designed as a military road from Connecticut river to
St. Johns, (Canada,) and was completed by Gen. Hazen as far as Hazen
notch, near Montgomery line. Gen. Bayley was commissary-general
during a portion of the Revolutionary war, a brigadier-general of militia
under New York, and served as such in western Vermont, August to
November 1777. He was a leading man in his town and county, serving
as town representative, member of the state council, and judge of Glou-
cester [under N. Y.] and Orange county courts. He died March 1, 1816.
-History of Newbury in Vt. Historical Magazine; Deming's Catalogue,
1778 to 1851; Drake's Dictionary of American Biography.
BENJAMIN CARPENTER, of Guilford.-The following inscription on
his tombstone gives a more complete history of the services, character,
and person of this public man than can often be found of any man in
so few words. It is copied from Thompson's Vermont, Part III, p. 83.
SACRED TO THE MEMORY
OF THE
HON. BENJ. CARPENTER, Esq.
Born in Rehoboth, Mass., A. D. 1726.
A magistrate in Rhode Island in A. D. 1764.
118
Council of Safety-Introduction.
A public teacher of righteousness,
An able advocate to his last for Democracy,
And the equal rights of man.
Removed to this town, (Guilford,) A. D. 1770.
Was a field officer in the Revolutionary war,
A founder of the first constitution and government of Vermont,
A Council of Censors, in A. D. 1783,
A member of the Council, and Lieut. Governor of the State in
A. D. 1779,
A firm professor of Christianity in the Baptist church
50 years. Left this world
And 146 persons of lineal posterity, March 29th, 1804,
Aged 78 years 10 months and 12 days,
with a strong
Mind and full of faith of a more
Glorious state hereafter.
Stature about six feet-weight 200.
Death had no terror.
The above omits several facts. Mr. Carpenter was the first delegate
of Guilford in a Vermont Convention. "In 1776," says Thompson, "the
town voted to pay the expenses of Benjamin Carpenter, their delegate
to the Westminster Convention of 1775." If there is no error in the
dates, this must mean the Convention of April 11, 1775, which con-
demned the government of New York, the massacre at Westminster,
&c. He was a delegate in the Dorset and Westminster Conventions of
1776. In 1777 the town “ voted, John Barney and Benjamin Carpenter
be a committee to go to Windsor, in June next, to hear the report of the
agent sent to Congress concerning a new state." Accordingly Mr. Car-
penter attended the Windsor Convention of June 4, 1777; and the above
inscription indicates that he was also a member of the Windsor Conven-
tion which adopted the Constitution. In 1778 there was a change in the
politics of the town, the opponents of Vermont having obtained posses-
sion of the records of the town and ruled it until about 1791, when the
town was duly organized under Vermont. Mr. Carpenter disregarded
the dominant party and adhered steadily to Vermont, on occasions not
without personal danger, since it is recorded that in December, 1783, he
was taken prisoner by the Yorkers and carried away, "to his great dam-
age." Feb. 1, 1776, he was chairman of the Cumberland County Com-
mittee of Safety, and by that body was nominated lieutenant colonel of
militia, which was confirmed by New York, March 1, 1776.-See Thomp-
son's Vermont. and B. H. Hall's Eastern Vermont.
THOMAS CHITTENDEN was born at East Guilford, Conn., Jan. 6, 1730.
He remained with his father until Oct. 4, 1749, about which time he mar-
ried Elizabeth Meigs and removed to Salisbury, Conn., which town he
represented in the legislature of Connecticut from 1766 to 1769 and
again in 1772. He was colonel of militia and a justice of the peace. In
1774 he settled in the valley of the Winooski at Williston, from whence
he was driven by the invasion of the British in 1776. He dwelt in Dan-
Council of Safety-Introduction.
119
by, Pownal, and Arlington mainly, until his return to the homestead in
1787. He was a leading member in the Vermont Conventions, Presi-
dent of the Council of Safety, and Governor from March 1778, one year
excepted, until he resigned, a short time before his death, which occur-
red August 25, 1797. His defeat in the General Assembly in 1789, al-
though he was nearly elected by the people, was a political accident,
which is chargeable more to jealousy of Ira Allen felt by the politicians
of the day, than to any lack of affection for or confidence in the Governor.
Indeed, in an address to the Governor, on that occasion, the Assembly
declared the satisfaction they felt in his administration; a grateful sense
of the many and good services he had rendered, “as the supporter, guar-
dian and protector of their civil liberties ;" and "all that a noble and
generous mind can give or wish to receive, their gratitude and warmest
thanks."-See Memoir of Chittenden by Daniel Chipman; Early History;
and Vt. Hist. Soc. Collections, vol. I passim; also vol. II, pp. 479, 484,
485, and passim.
97 1
113
The predominant traits in Gov. Chittenden's character were of the
most substantial excellence. He did not tower high like an ornate and
graceful Corinthian column, but was rather like the solid Roman arch, that
no convulsion could overturn and no weight could crush. "He was ed-
ucated to habits of industry and economy, and had but little to do with
the artificial forms of society. A common school education completed
his early advantages; and, indeed, the little time he had to spare from
labor was not devoted to books and study so much as to his favorite ath-
letic sports.
He seemed to have an intuitive insight into all men with
whom he came in contact, and into all questions which he had to decide.²
Ethan Allen said "That he was the only man he ever knew who was
sure to be right in all, even the most difficult and complex cases, and yet
could not tell or seem to know why it was so. Hence, his letters and
official documents were usually written by others-Jonas or Joseph
Fay, Ethan or Ira Allen, Moses Robinson, and later by Nathaniel Chip-
man; but it cannot be doubted that Chittenden dictated them, for no
man in Vermont was superior to him in judgment. From his first en-
trance into the state he was the master in every community in which he
dwelt, either by the force of his character or the power of his official po-
sitions; and yet "his government was rather patriarchal than constitu-
tional." 574
Like a father, he did not spare the rod, as with the tories,
and yet all men were his children, and he tempered justice with mercy.
"His sagacity, humanity and sound discretion are conspicuous especially
in the disposition of the tories, their estates, and their families." The
fact has already been stated that Gov. Chittenden became a resident of
Arlington to quell the tory power there, as he rigorously did, until nearly
every royalist was driven out or persuaded to remain in submission.
'Hon. David Read, in Vt. Hist. Mag., vol. I., p. 906.
* Ibid, p. 929.
*D. Chipman's Memoir, p. 9.
Ibid, p. 911.
* Ibid, p. 19.
1
120
Council of Safety-Introduction.
The historian of Arlington added, “Soon circumstances arose which
really gave Governor Chittenden a place in the affections of the people.
So great had been the disorders of the times, and so many men had left
the country that fields were unharvested and there was imminent danger
of famine. The Governor took upon himself the task of visiting, from
time to time, every family and taking an account of the provisions on
hand. Under his oversight, and by his impartial and disinterested coun-
sel, distribution was so made that, although all were pinched, none per-
ished."1 The remarkable proclamation of pardon to the tories and
Yorkers, June, 1779, was "a gracious design of mercy," "to alleviate
the miseries of those unhappy subjects who act through mistaken no-
tions, and resist the penalties thereof." Not only was he ready to grant
all possible relief in every present emergency, but like a watchful and
provident father he anticipated future necessities. Hence, again and
again were embargoes imposed on the exportation of breadstuffs, and on
one occasion it transpired that the Governor had stored up the abun-
dance of his own fields, refusing to sell for cash, but reserving it for the
benefit of the people in a time of need.³ He was, eminently, a good
governor—a wise ruler-a father to his people. His son, MARTIN CHIT-
TENDEN, described him as a man over six feet, of fair proportions
though not portly, and fine teeth, but for a portion of his life he lost the
use of one eye.
JEREMIAH CLARK was born in Preston, Conn., in 1733, came to Ben-
nington in 1767, and quickly made his pitch in the west part of Shafts-
bury, where he dwelt for half a century. He served as Major, and took
part in the battle of Bennington with a son sixteen years of age. He
was one of the committee which "warned" the Dorset Convention of
Jan. 16, 1776, and was a delegate in several other Conventions; served
as member of the Council of Safety in 1777-8; as Councillor in 1778,
1779, and 1780; and chief judge of Bennington county in 1778. In the
last capacity he passed sentence of death on David Redding, who was the
first man executed in Vermont. Maj. Clark died in 1817, aged 84
years. See history of Shaftsbury, and letter of Hon. MYROn Clark,
grandson of Major Clark, in Vt. Hist. Mag., vol. 1, pp. 234, 236. On
the authority of the last named alone, Major Clark's name is inserted
in the roll of the Council of Safety. The grandson gave him the char-
acter of a conscientious and religious man.
NATHAN CLARK came to Bennington from Connecticut in 1762, and
was prominent in the controversy with New York, being frequently
chairman of conventions and committees and the author of many of the
1 Vt. Hist. Mag., vol. 1, p. 130.
2 Slade's State Papers, pp. 556, 557, and post.
2
* Vt. Hist. Soc. Collections, vol. II, p. 482.
Council of Safety-Introduction.
121
published papers of the time. He was chairman of the Bennington
Committee of Safety, and was complimented by Gen. Gates for efficient
services. He was member of the State Council of Safety, and speaker
of the first General Assembly. He lost one son, Nathan Clark, jr., in
the battle of Bennington; and another son, Isaac Clark, familiarly
known as "Old Rifle," was in that battle, was a Colonel in the war of 1812,
and distinguished as a partizan leader.¹-See Early History, p. 459; and
Memorials of a Century, Bennington.
¹Col. ISAAC CLARK, afterward General, married Hannah, the third
daughter of Gov. Thomas Chittenden. He was not only a good fighter,
but a very zealous Republican of the school of Jefferson. He repre-
sented Castleton in the General Assembly of Vermont four years,
1796-'99, and was one of the victims of the so-called " Vergennes slaugh-
ter-house" in 1798, having been expelled from the House for an alleged
misdemeanor as a member of the committee to canvass votes for state
officers. A new election was ordered, Clark was again elected by a ma-
jority of all the voters in his town, but the Federalists refused to admit
him at that session. One of the very last and rarest acquisitions of the
late State Librarian, Hon. CHARLES REED, was a volume thus entitled:
A Republican Magazine: or Repository of Political Truths. By James
Lyon, of Fairhaven, Vermont.
NATURE has left this Tincture in the Blood,
That all Men would be TYRANTS if they cou'd-
If they forbear their Neighbors to devour,
Tis not for want of WILL, but want of POWER.
DE FOE'S Jure Divino.
Published at Fairhaven, Vt.
M,DCC,XCVIII.
It is a sixteen mo. volume, consisting of four semi-monthly numbers
with this title:
The Scourge of Aristocracy. and repository of Important Political
Truths.
In this volume is a notice, by MATTHEW LYON, of Gen. Clark's expul-
sion, which is so characteristic both of LYON and the spirit of that day
as to be worth perpetuating. It is as follows:
VERGENNES, Oct. 28, 1798.
It is not in my power to make you any communications of importance,
except what you have no doubt already received. The last political
death reported, is that of General CLARK-he departed this life the 25th
instant, aged 14 days;-He died in the defence of that country, which,
thro' his aid, had given birth to his assassins-his last moments were
marked with as much serenity as the celebrated John Rogers's were, and
in some degree similar; only the one died for religious, the other for
political sentiments, both under the reign of Party Terror. His depart-
ing soul breathed forth a strong and manly hope of a speedy and glori-
ous resurrection of Republicanism.
When party zeal in public good shall end,
And show the world who is his country's friend;
10
122
Council of Safety-Introduction.
Dr. JONAS FAY, son of Stephen Fay, was born at Hardwick, Mass.,
Jan. 17, 1737, and removed to Bennington with his father in 1766. He
was from the first prominent in the contest with New York and with
the mother country, and influential in the organization of the state, his
pen being often used in its service. He was clerk of the convention of
settlers in March, 1774, and uniformly, when present, of subsequent con-
ventions. On the declaration of Vermont independence in 1777 he was of
the committee, with Chittenden, Reuben Jones, Bayley, and Capt. Heman
Allen, to prepare and present to Congress the declaration and petition
of the state, and on four occasions, from 1777 to 1782, he was agent of
the state to Congress. At the age of nineteen he had served in the
French war during the campaign of 1756. He was with Ethan Allen as sur-
geon in the capture of Ticonderoga in May, 1775; served in the same ca-
pacity with Elmore's Connecticut regiment, and also for a time in War-
ner's regiment. In July, 1775, he was appointed by the Massachusetts
committee at Ticonderoga to muster the troops as they arrived. He was
a member of the Council of Safety in 1777-8, and then of the State
Council for the first seven years; a judge of the supreme court
in 1782, and judge of probate for five years, 1782-'86. He resided
for awhile after 1800 in Charlotte and Pawlet, and died in Bennington,
March 6, 1818.-See Early History, pp. 463, 464.
Col. JOSEPH FAY, brother of Jonas, was born in Hardwick, Mass.,
about 1752, and came to Bennington in 1766. He was Secretary of the
Council of Safety from Sept. 1777 to March 1788; of the State Council
from March 1778 to 1794; and Secretary of State also from the resigna-
When Democrats shall rise and reign,
And Freedom bless the earth again;
When Tories shall sink down to hell,
Where Pandemonium Harpies dwell;
Millennial Love shall then prevail;
Aristocrats lament and wail;
Republicans rejoice to see
The blest return of Liberty;
Vergennes fever will harmless prove,
Or rage a stimulous to Love.
Of course the above was written when LYON was in jail at Ver-
gennes, suffering the penalty of the alien and sedition act. He was
committed in October, 1798 and was not released until February, 1799.
Drake's Dictionary of American Biography records this:
CLARK, GEN. ISAAC, d. Castleton, Vt., Jan. 31, 1822, a. 73. Member
of the Constitutional Convention, and many years [1806-'10] chief judge
of the Vermont [Rutland] County Court, a soldier of the Revolution,
and Colonel 11th U. S. Infantry, March 12, 1812. Commanded a suc-
cessful expedition against Massequoi, [St. Armand,] Lower Canada, Oct.
12, 1813.
Council of Safety-introduction.
123
tion of Thos. Chandler, jr., (supposed to be in November 1778,) to 1781.
He was associated with Ira Allen in the famous negotiation with Gen. Hal-
dimand, Gov. Gen. of Canada, from 1780 to 1783, for which by his talents
and address he was fitted. He removed to New York city in 1794, and
died there, of yellow fever, in October 1803.-Early History, p. 464;
Memorials of a Century, Bennington, p. 262; see also Vt. Hist. Soc. Col-
lections, vol. II.
MATTHEW LYON deserves to be ranked among the remarkable men
of Vermont. Born in Wicklow county, Ireland, in 1746, he was appren-
ticed at an early age to a printer and bookbinder; but he came to
America at thirteen and was so poor that he had to indenture his person
in Litchfield, Conn., to pay for his passage. This indenture was finally
sold to Jesse Leavenworth (one of the founders of Danville, Vt.,) for a
pair of steers, and Lyon's favorite oath used to be, "by the bulls that re-
deemed me." He was first known in the annals of Vermont as a dele-
gate for North Wallingford in the Dorset Convention of July 24, 1776,
he being then thirty years of age. During the same year he was lieu-
tenant in Capt. John Fassett jr's. company and was stationed at the
block-house in Jericho, which was abandoned by the men of the company
on the retreat of the continental army from Canada. Lyon reported this
fact to Gen. Gates and charged the responsibility mainly on Capt. John
Fassett jr., when the officers were arrested, (Lyon included,) tried by
court martial for cowardice, convicted, and cashiered. It was in allu-
1
¹ Vt. Hist. Mag., vol. 1, p. 457. It was charged that Lyon and the sub-
ordinate officers persuaded the men to desert, which Lyou always de-
nied. The "cowardice" charged could have been constructive only,
meaning simply that they had abandoned the post without orders. For
forty men to stay at Jericho when our army was retreating before the
British up the lake, and every man, woman and child had quit that part of
the State, would be something more than courage-sheer fool-hardiness.
In the Memoir of my own Times, by Gen. JAMES WILKINSON, vol. I, p.
189, is the following passage, giving unquestionably a truthful account
of this affair:
The night of the 7th [July, 1777, the night after the battle of Hub-
barlton,] being extremely dark and rainy, one of the guards took up and
reported to head quarters a young man suspected of being a spy. I vis-
ited the guard, and found the prisoner to be a Lieutenant Lyon (since
Mr. Matthew Lyon of Congress) of the militia, who had joined us to
offer his services as a guide, of whom we stood in great need, being
strangers to the country, which was in general a wilderness, a town hav-
ing sometimes barely a cabin or two to distinguish it; even Bennington,
the seat of the government of the Hampshire grantees, could not number
more than a dozen log cabins, which were however surrounded by a con-
siderable tract of improved ground. Lieutenant Lyon, an active, ardent
young man, was extremely zealous, and accompanied us as long as his
124
Council of Safety-Introduction.
sion to this event in Lyon's history that afterward, in Congress, Roger
Griswold taunted Lyon for "wearing a wooden sword," and Lyon re-
sented the insult by spitting in Griswold's face. For this it was proposed
to expel Lyon from the House, and the vote stood yeas 52, nays 44-
failing for want of two thirds. Goodrich afterwards caned Lyon, when
it was proposed to expel both members, but that was rejected, 73 to 21, and
a resolution to reprimand them failed by one majority. The cashiering of
Lyon was not injurious to him in Vermont, however annoying for a
time it might have been, as he was subsequently made commissary-gen-
eral, and colonel, and elected twice to Congress.-Benton's Abridgement
of the Debates of Congress, vol. 11, pp. 205–206.
Arlington was a stronghold of the tories, and the Convention of Sept.
25, 1776, ordered the Friends of Liberty to choose a Committee of Safety
nevertheless, conduct as other towns, and call upon the committees of
neighboring towns for aid if necessary. Further to thwart the tories
of that town, Thomas Chittenden, Matthew Lyon and John Fassett, jr.
temporarily became citizens of Arlington, taking possession of the
confiscated property of tories. Ira Allen was only three miles distant,
and these four leading men of the State erected a judgment seat and sat
as a council to pronounce woe upon every rebellious tory.-Vt. Hist.
Mag., vol. 1, p. 130. Here Lyon married, for his second wife, Beulah,
widow of Elijah Galusha and fourth daughter of Thomas Chittenden.
From 1777 for several years he was clerk of the court of confiscation,
and in 1785, for refusing to furnish its records to the Council of Cen-
sors, he was impeached by the General Assembly, tried and convicted in
his absence by the Governor and Council, ordered to deliver the doc-
uments, and sentenced to a reprimand and to a fine of five hundred
pounds. He subsequently appeared, the sentence was read, and he re-
quested a rehearing, which was ordered, but nothing seems to have been
done. - Vt. Hist. Soc. Coll., vol. II, p. 428. July 15, 1777, Gen. Schuyler
restored Lyon to his military rank by appointing him a temporary pay-
master in Warner's regiment. In April 1778 he was appointed deputy
Secretary of the Governor and Council, and he served until Nov. 24. He
was also clerk of the Assembly and Secretary of the Board of War in 1779.
He represented Arlington in the General Assembly four years, 1779–1782;
and Fairhaven ten years, 1783-4, and 1787 to 1796. He was elected to
Congress in 1796 and re-elected in 1798, first taking his seat at the called
session, May 15, 1797, and closing his service for Vermont on the 3d of
services were useful: he had been stationed the preceding campaign,
with a party of militia, at Otter creek, [Onion river,] in a subordinate
capacity; the post was evacuated without orders, and Lieutenant Lyon
has been censured for that transaction, although he opposed the meas-
ure, and on an investigation was acquitted of blame.
The last assertion probably refers to an investigation made by Maj.
Gen. SCHUYLER, who restored Lyon to service as pay-master in War-
ner's continental regiment.
Council of Safety—Introduction.
125
March, 1801. Lyon was a terse and vigorous writer and an able debater,
and these qualities were manifest in his speeches, of which abstracts have
been preserved. He was neither inactive nor insignificant in Congress.
On the 4th of July 1798 the sedition act went into effect, and on the 31st
of the same month the Vermont Journal [Windsor] published a letter
written by Lyon June 20. fourteen days before the act went into effect,
but mailed at Philadelphia, as appeared by the postmark, on the 7th of
July, three days after the act had been approved. A portion of this let-
ter was deemed seditious, and for it Lyon was indicted, tried and con-
victed in October following, the penalties being a fine of $1000 and im-
prisonment for four months. While he was in prison he was re-elected
to Congress, and when the prison doors were opened in Feb. 1799, at the
end of the four months, he announced that he was on his way to attend
Congress at Philadelphia, and thus escaped a re-arrest which his oppo-
nents had prepared for him. He took his seat on the 20th of February,
and on the same day Mr. Bayard of Delaware introduced the following
resolution, which is very extraordinary when compared with the lan-
guage for which Lyon was indicted:
Resolved, That Matthew Lyon, a member of this House, having been
convicted of being a notorious and seditious person, and of a depraved
mind, and wicked and diabolical disposition; and of wickedly, deceitfully,
and maliciously, contriving to defame the Government of the United
States, and John Adams, THE PRESIDENT OF THE UNITED STATES, and
to bring the said Government and PRESIDENT into contempt and disre-
pute, and with intent and design to excite against the said Government
and PRESIDENT the hatred of the good people of the United States, and
stir up sedition in the United States-wickedly, knowingly and mali-
ciously, written and published certain scandalous and seditious writings,
or libels, be therefore expelled this House.-Benton's Abridgement of
the Debates of Congress, vol. 1, p. 364.
The editor now gives Lyon's words, both as a comment on the animus
of Mr. Bayard's resolution, and as a specimen of Lyon's style. It cer-
tainly was not seditious under the present measure of the liberty of the
press:
As to the Executive, when I shall see the efforts of that power bent
on the promotion of the comfort, the happiness, and the accommodation
of the people, that executive shall have my zealous and uniform support.
But whenever I shall, on the part of the Executive, see every considera-
tion of publick welfare swallowed up in a continual grasp for power, in
an unbounded thirst for ridiculous pomp, foolish adulation, or selfish
avarice; when I shall behold men of real merit daily turned out of office
for no other cause but independency of spirit; when I shall see men of
firmness, merit, years, abilities, and experience, discarded, in their appli-
cations for office, for fear they possess that independence, and men of
meanness preferred, for the ease with which they can take up and advo-
cate opinions, the consequences of which they know but little of; when
1 shall see the sacred name of religion employed as a state engine to
make mankind hate and persecute each other, I shall not be their humble
advocate.
Another charge against Lyon was, that he had procured the publica-
tion of a "Letter from an American diplomatic character [Joel Barlow,] to
126
Council of Safety-Introduction.
a member of Congress in Philadelphia" [Abraham Baldwin,] containing
alleged seditious matter; which Lyon denied, and in any event it is not
necessary to quote it.-For this and the preceding extract, see Rev.
PLINY H. WHITE's address before the Vt. Historical Society Oct. 29,
1858, on the Life and Services of Matthew Lyon.¹
Another fact pertinent to the animus of Bayard's resolution was, that on
its passage might depend the fact whether the federalists should or should
not have the vote of the state if the election of President should be thrown
into the House in the next Congress, it being then known that the
two members elect for Vermont for the sixth Congress were MATTHEW
LYON Republican, and LEWIS R. MORRIS Federalist-Lyon having
been elected on the second trial by five hundred majority. If Lyon
could be expelled, the Federalists would at least have a chance to secure
the seat on a special election.
Mr. Bayard's resolution was debated through the 22d of February,
when the vote was taken-yeas 49, nays 45; not two thirds, and there-
fore the resolution failed.
i.
At the second session of the Sixth Congress occurred an election of
President of the United States by the House of Representatives. The
electoral votes were declared on the 11th of February, 1801, by which it
appeared that THOMAS JEFFERSON and AARON BURR had each received
najority, but that, as the number of votes for each was equal, no choice
had been made by the people. The House of Representatives therefore
on that day proceeded to ballot for President, and it balloted from day to
day until February 17. Through thirty-five ballotings there was no elec-
tion, and on each of the thirty-five the vote of Vermont was divided,
Mr. Lyon voting for Jefferson, and Mr. Morris for Burr. On the thirty-
sixth ballot Mr. Morris withheld his vote and Mr. Lyon voted for Jeffer-
son, thus giving the vote of Vermont to Jefferson, which was sufficient
to elect him. In Maryland, however, four opponents of Mr. Jefferson
cast blanks, so that the other four members cast the vote of that state for
Mr. Jefferson. Lyon on one occasion said, on a disagreement with Jef-
ferson-"I made him, and I can unmake him!" This was assuming
overmuch, as Lyon's vote would have been counted as nothing if Morris
had not withheld his. The vote of either Vermont or Maryland would
have elected Jefferson, but both were permitted by the Federalists to be
cast for him on the advice of Alexander Hamilton, as a choice of evils, he
much preferring Jefferson to Burr. This event made the hostility be-
tween Hamilton and Burr from thenceforth deadly, in fact ending in the
death of Hamilton at the hand of Burr.
On returning from Congress in March, 1801, Mr. Lyon found his exten-
sive business in Vermont much embarrassed, and moreover his political
foes were lying in wait for him with fresh annoyances: he therefore re-
¹A third count was for aiding and abetting in the publication of the
matter cited in the first and second counts.
Council of Safety-Introduction.
127
moved to Kentucky, the twin brother of Vermont by birth into the
Union. He served two years, 1802-3, in the legislature of that State,
and as a member of Congress eight years, 1803 to 1811. Nov. 13, 1811,
he petitioned Congress to refund the fine of $1000 and costs ($1060.90)
imposed on him under the sedition act, and after a delay of nearly thirty
years, July 4, 1840, an act was passed refunding to his heirs the amount,
with interest from February 1799. The House passed the bill by nearly
a unanimous vote-yeas 124, nays 15.
In 1812 he contracted with the United States to construct gun-boats
at his ship-yard on Cumberland river, to be delivered at New Orleans.
Some were wrecked on the way, others were not completed in time, and
on the whole the undertaking was disastrous. In 1820 he was appointed,
under Monroe's administration, a factor with the Cherokee Indians in
Arkansas, and on the organization of that territory he was elected first
delegate to Congress, but he did not live to take his seat. He died, near
Little Rock, Aug. 1, 1822, in the 76th year of his age.
Chittenden Lyon, son of Matthew, and grand-son of Gov. Thomas
Chittenden, served in both branches of the legislature of Kentucky, and
then eight years in Congress, ending March, 1836, when he voluntarily
retired. He died in November, 1842. It is hardly possible that another
instance can be found where a father has been elected to Congress from
three different states and been succeeded in the same office by a son.
Rev. Asa Lyon, member of Congress from Vermont, and Lucius Lyon,
member and Senator in Congress from Michigan and a native of Ver-
mont, were in no degree related, it is believed, to the family of Matthew
Lyon.
However valuable to the state the services of Matthew Lyon may
have been in the many public offices he filled, it may be doubted whether
his influence as an enterprising and energetic business man was not even
more valuable. He was daring in his enterprises, and had he either
neglected politics and given his intellect and skill to business, or given
less attention to business and more to culture in law and statemanship, he
might have been an eminently successful man. In the History of Fair-
haven, by Andrew N. Adams, it appears that Lyon's first store was built
in 1791; Lyon's tavern house prior to 1787, and a private residence after-
ward; Lyon's Iron Works [smelting, &c.] were built in 1785-twice burnt
but are still in operation; Lyon's Paper Mill was started in 1790 or '91,
(in which, almost a century ahead of the rest of the world, he manu-
factured paper from basswood)—burnt twice, but still in operation; the
first grist-mill was built by Col. Lyon and Ager Hawley, and still another
previous to 1795-a tannery annexed, which was converted into a slate
mill, and with the grist-mill seems to be now in operation; Lyon's saw-
mill was also the first, in 1783, and the power is still used; in 1797 Lyon
had another saw-mill, which he sold in 1800-burnt in 1833, and not re-
built. To this must be added that Col. Lyon established a printing-office,
and started the third newspaper in Vermont, The Farmers' Library, in
128
Council of Safety—Introduction.
1793, which was continued under different names and proprietors (in the
Colonel's interest) until 1798. He left his marks elsewhere in Vermont,
and when he removed to Kentucky he carried with him a printing-office,
and established a newspaper in that state, adding the tanning busi-
ness, iron-works, and gunboats as has been seen. He was on the whole,
probably, more useful to the public than to himself or his family,
which, Chittenden Lyon excepted, seems to have been generally un-
successful.
MOSES ROBINSON was son of Samuel Robinson, senior, the pioneer
settler of Bennington, who went in Dec. 1765 as agent of the New
Hampshire Grantees to petition the king for relief against the govern-
ment of New York, and died in London, Oct. 27, 1767. Samuel was born
in Cambridge, Mass., in 1705, son of Samuel Robinson, who was born in
Bristol, England, in 1668, and claimed descent from Rev. John Robin-
son, "the father of the Independents," who was pastor of "The Pil-
grims" before they sailed from Holland in the "Mayflower," in August,
1620.¹ Moses Robinson was born in Hardwick, Mass., March 26, 1744,
and came to Bennington with his father in 1761. He was the first town
clerk, chosen in March 1762, which office he held nineteen years. As
colonel of militia, he was with his regiment at the evacuation of Ticonde-
roga and Mount Independence in July 1777. He was a member of the
Council of Safety, 1777-8, and Councillor eight years, to Oct. 1785. In
1778 he was appointed as chief justice, to the bench of the Supreme Court,
and he served on the bench from 1778 to 1783-4, and again from 1785
to 1788-9, in all ten years, when he was elected governor by the General
Assembly.2
On the admission of the state to the Union in 1791, Mr. Robinson was
one of the first two U. S. Senators, serving till June 1, 1796. Gov. Robinsou
was a man of piety of a marked type. On one occasion when absent from
home settling an estate with others and being delayed in the business, he
proposed to spend the time in a prayer-meeting, which was agreed to; and
in another prayer-meeting, having invited two deacons successively, but
in vain, to lead in prayer, the governor undertook that duty himself, be-
ginning by this frank confession: "O, Lord! thou knowest we have
come up here this afternoon to worship Thee, and we are cold and luke-
warm as it were,-I fear at least some of us are!" It is recorded that he
was very wealthy, and "liberal to the cause of religion corresponding to
his ability." He united with the church, of which Rev. Jedediah Dewey
was pastor, June 20, 1765, and was elected deacon May 22, 1789, which
¹ Neal's History of the Puritans, vol. 1, pp. 244, 269.
"The votes of the freemen in 1789 were for Thomas Chittenden 1263,
Moses Robinson 746, Samuel Safford 478, all others 378-no election.
Robinson was elected in Joint Assembly Oct. 9, and Gov. Chittenden, as
presiding officer, was requested to inform him of his election.— Vt. Hist.
Soc. Collections, vol. II, p. 484.
Council of Safety—Introduction.
129
office he held until his death, May 26, 1813. In death he was triumphant.
A witness of the scene (wife of Gen. David Robinson) said of it: “if she
could feel as he did, it would be worth ten thousand worlds."—See Early
History, p. 467; Memorials of a Century, Bennington, pp. 233–236.
Doctor PAUL SPOONER appears first in Vermont history as a dele-
gate from Hertford [ Hartland] in a convention at Westminster, Oct. 19,
1774, called to condemn the tea act, the Boston port bill, and other kind-
red measures of the king and parliament of Great Britain. Doct. Spooner
was one of a committee which made a written report expressing surprise
that the king and parliament should dare to assert "a right to bind the
colonies in all cases whatsoever," and to take, “at their pleasure, the
properties of the king's American subjects without their consent.” “He
who has nothing," said this committee, "but what another has power at
pleasure lawfully to take away from him, has nothing that he can call his
own, and is, in the fullest sense of the word, a slave—a slave to him who
has such power; and as no part of British America stipulated to settle as
slaves, the privileges of British subjects are their privileges, and who-
ever endeavors to deprive them of their privileges is guilty of treason
against the Americans, as well as the British constitution."
He again
appeared as a delegate at a convention of whigs at Westminster, Feb. 7,
1775, and was secretary. Still again, June 6, 1775, he was delegate at a
Cumberland county Congress, [so called,] and was chosen one of three
delegates to represent the county in the New York Provincial Congress.
He served as such for the remainder of the session which commenced
May 23, 1775, was re-elected Nov. 7 and served in the session which
commenced Nov. 14. May 5, 1777, he was chosen sheriff of Cumberland
county under New York, but declined accepting the office in a letter
dated July 15. Just one week before writing that letter he had been ap-
pointed one of the Vermont Council of Safety, which office he accepted,
and he was appointed deputy secretary thereof in the absence of the sec-
retary, Ira Allen. He was member of the first Council under the consti-
tution, and was re-elected five times, serving from 1778 till October 1782,
when he was elected lieutenant governor, and annually re-elected until
1787. Twice he was agent from Vermont to Congress, in 1780 and again
in 1782. For nine years he was a judge of the supreme court, in 1779 and!
1780, and again from 1782 to 1788. During the same period, in 1781 and
1782, he was judge of probate for Windsor county. He removed from
Hartland to Hardwick, and was the first town clerk of the last named
town, elected March 31, 1795. He was also its first representative in the
General Assembly, and served as such three years, in 1797, 1798 and
1799. "He is believed," said HILAND HALL, "to have been well edu-
cated, and to have had a good professional reputation."-See Eastern
Vermont; Early History of Vermont; and history of Hardwick in Vt.
Hist. Mag., vol. I.
PROCEEDINGS
OF THE
COUNCIL OF SAFETY.
JULY 8 TO AUGUST 15, 1777.
As late as March 18, 1788, according to JOSEPH FAY, the first secre-
tary (IRA ALLEN) had the minutes of the proceedings of the above
period in his possession. Nevertheless, these minutes have never come
into the possession of the State, nor can they be found elsewhere: they
are therefore now to be supplied, imperfectly no doubt, from the state-
ments in Ira Allen's History, with such copies of letters, circulars, and
orders of the Council as can be obtained from other sources.
On the adjournment of the Convention at Windsor, July 8, 1777, Ticon-
deroga had fallen into the hands of the enemy, Warner had been defeated
at Hubbardton, and Burgoyne's splendid army was advancing into New
York on the western border of Vermont with all possible speed. The
most energentic labors of the Council were demanded instantly, and the
board proceeded direct to Manchester, where Warner had fixed his head-
quarters with a remnant of his regiment. ¹
1
11. Allen's History in Vt. Hist. Soc. Col., vol. 1, p. 383. One source of
alarm was in the probable effect of the following document:
[From Vt. Historical Society Collections, Vol. 1.)]
By Lieutenant General JOIN BURGOYNE, Commanding an army
and fleet of Great Britain, against the revolted Provinces of America.
To the inhabitants of Castleton, of Hubbardton, Rutland, Tinmouth,
Pawlet, Wells, Granville [N. Y.] with the neighbouring districts; also
the districts bordering on White creek, Cambden, Cambridge, [N. Y.,]
&c. &c., &c.,
You are hereby directed to send from your several townships deputa-
tions, consisting of ten persons or more from each township, to meet
Colonel Steene at Castleton, on Wednesday, July 15th, at ten in the morn-
Council of Safety-July 8 to Aug. 15, 1777.
131
A quorum of the members at least was present, and the Council was
organized as follows:
THOMAS CHITTENDEN, President.
JONAS FAY, Vice President.
IRA ALLEN, Secretary.
[From Vt. Hist. Soc. Collections, vol. I.]
IN COUNCIL OF SAFETY, STATE OF VERMONT,
Manchester, 11th July, 1777.
}
Gentlemen,-The inclosed is a Copy of General St. Clair's Letter to the
Convention of this State, by which you will learn his request to the
Militia of your state. No further accounts have arrived since the date
of the enclosed except that there are Small Scouting Parties foraging in
the Woods. You will Learn the Provision General Schuyler has made
for the protection of this State, and you will naturally understand that
when we cease to be a frontier your State must take it.
Would beg your
advice and assistance for the good of the whole, and have the honor
to be,
Gentlemen, with respect,
Your most Obdt and Very Humble Servant.
By order of the Council,
IRA ALLEN. Secr'y.
་
N. B.-News has this moment come to hand that General How, with
his army, have got up North River as far as Tappan near the Highlands.
and that the inhabitants are moving out of Albany. We hear General
Washington is with his army in high spirits watching the motion of the
Enemy.
The Honble the Council of Safety N. Hampshire State.
[From Vt. Hist. Soc. Collections, Vol. 1.]
I. ALLEN.
IN COUNCIL OF SAFETY, STATE OF VERMONT,
Manchester, 15th July, 1777.
Gentlemen,-This State in particular seems to be at Present the object
of Distruction. By the surrender of the fortress Ticonderoga a Com-
munication is opened to the Defenceless inhabitants on the frontier, who
having little more in present store than sufficient for the maintenance of
their Respective Families, and not ability to immediately remove their
effects, are therefore induced to accept such Protections as are offered
them by the Enemy by this means Those Towns who are most Conti-
guous to them are under necessity of Taking such Protection, by which
the next Town or Towns become equally a frontier as the former Towns
before such Protection, and unless we can obtain the assistance of our
friends so as to put it immediately in our Power to make a sufficient
stand against such strength as they may send, it appears that it will
ing, who will have instructions not only to give further encouragement
to those who complied with the terms of my late manifesto, but also to
communicate conditions upon which the persons and properties of the
disobedient may yet be spared.
This fail not to obey, under pain of military execution.
Head Quarters, at Skeensborough House, July 10th, 1777.
By order of His Excellency the Lieutenant-General,
J. BURGOYNE.
ROBT. KINGSTON, Secretary.
132
Council of Safety-July 8 to Aug. 15, 1777.
soon be out of the Power of this state to maintain a frontier. This coun-
try, notwithstanding its infancy, seems as well supplied with provisions
for Victualling an army as any Country on the Continent, so that on
that account we cannot see why a stand may not as well be made in this
State as in the State of New Hampshire, and more especially as the in-
habitants are Heartily Disposed to Defend their Liberties. You, Gentle-
men, will be at once sensible that Every such Town as accepts protection
are rendered at that instant forever incapable of affording us any further
assistance, and what is infinitely worse, as some Disaffected Persons
eternally Lurk in almost every Town, such become Doubly fortified to in-
jure their Country. Our Good Dispositions to Defend ourselves and make
a frontier for your State with our own, cannot be Carried into execution
without your assistance. Should you send immediate assistance we can
help you, and should you neglect till we are put to the necessity of taking
protection, you Readily Know it is in a moment out of our power to as-
sist you. Laying these Circumstanees together will I hope induce Your
Honors to take the same into consideration and immediately send us
your Determination in the Premises.
I have the satisfaction to be your Honors'
Most Obed and very Humbl Servt.
By order of Council,
The Honorable the Council of Safety,
STATE OF NEW HAMPSHIRE.
}
IRA ALLEN, Secr'y.
P. S.-By express this moment received we learn that between 3 & 4
thousand of the Enemy are Fortifying at the town of Castleton. Our
case calls for immediate assistance.
I. ALLEN.¹
This was sent to the Massachusetts Council also. The reported for-
tification at Castleton was one of a multitude of rumors growing out of
the panic, when everybody was inclined to believe the worst.
The reply of the President of New Hampshire, and the orders to
Stark referred to, were as follows:
Letter from MESHECH WEARE, President of the State of New Hampshire,
to IRA ALLEN, Secretary of the State of Vermont.
[From Slade's State Papers, page 80.]
EXETER, July 19, 1777.
SIR, I was favored with yours of the 15th inst. yesterday by express,
and laid the same before our general court, who are sitting.
We had, previous thereto, determined to send assistance to your state.
They have now determined, that a quarter part of the militia of twelve
regiments shall be immediately draughted, formed into three battalions,
under the command of Brig. Gen. JOHN STARK, and forthwith sent into
your State, to oppose the ravages and coming forward of the enemy;
and orders are now issuing, and will all go out in a few hours to the sev-
eral colonels for that purpose. Dependence is made that they will be
supplied with provisions in your State; and I am to desire your conven-
tion will send some proper person or persons to Number Four, [Charles-
town, N. H.,] by Thursday next, to meet Gen. STARK there, and advize
with him relative to the route and disposition of our troops, and to give
him such information as you may then have, relative to the manoeuvres
of the enemy.
In behalf of the council and assembly, I am, Sir, your most obedient
humble servant,
MESHECH WEARE, President.
IRA ALLEN, Esq., Secretary of the State of Vermont.
Council of Safety-July 8 to Aug. 15, 1777. 133
[From Vt. Hist. Soc. Collections, vol. 1.]
IN COUNCIL OF SAFETY, STATE OF VERMONT,
Manchester, 15th July, 1777.
To all Militia Officers whom it may Concern:
This is the second and perhaps the last express we may be able to send
you from this Post. Your immediate assistance is absolutely necessary.
A few hundred Military Troops to be joined to our present strength
would greatly add to our present encouragement, as by late information
we Learn that a large Scout of the Enemy are disposed to take a Tour
to this post; the inhabitants, with their families, cannot be quieted with-
out an assurance of the arrival of Troops directly for their assistance.
You will Please to let us know your determination without delay.
The Continental Stores at Bennington seem to be their present aim.
You will be supplied with provision here on your arrival. Pray send all
the Troops you can Possibly Raise; we can Repulse them if we have
assistance.
I have the honor to be your Most Obdt Humb¹ Servt.
By order of Council,
IRA ALLEN, Sec'y.
On the same day, Allen communicated the alarming rumor as to Cas-
tleton to Gen. PHILIP SCHUYLER. This letter is not in any of the Ver-
mont collections. Its tenor can be gathered from Schuyler's reply:
FORT EDWARD, July 16, 1777.
Sir - It gives me great pain that I am not in a capacity directly to
answer your letter of the 15th inst. As an officer of the Honorable the
Congress, who represents the thirteen United States of America, I can-
not with propriety take notice of a fourteenth state, unknown in their
confederacy. In order that the public service may not suffer, I shall
however answer your letter, which, for the reasons already assigned, I
am under the necessity of doing in your private capacity.
That the enemy should fortify at Castleton is to me exceedingly un-
accountable. It is certain that a considerable body of their troops with
General Burgoyne are at Skeensborough; that from corroborated infor-
mation a body of them have gone to Ticonderoga, to come by the way
of Lake George.
It is doubtless extremely difficult to move the inhabitants that lie
nearest the enemy, but I should hope that Colonel Warner, supported
STATE OF NEW HAMPSHIRE,
Saturday, July 19th, 1777.)
}
To Brigd Gen¹ Jnº Stark,-You are hereby required to repair to Charles-
town, No 4, so as to be there by 24th-Thursday next, to meet and confer
with persons appointed by the convention of the State of Verment rela-
tive to the route of the Troops under your Command, their being sup-
plied with Provisions, and future operations-and when the Troops are
collected at No. 4, you are to take the Command of them and march into
the State of Vermont, and there act in conjunction with the Troops of
that State, or any other of the States, or of the United States, or sepa-
rately, as it shall appear Expedient to you for the proteetion of the Peo-
ple or the annoyance of the Enemy, and from time to time as occasion
shall require, send Intelligence to the Gen' Assembly or Committee of
Safety, of your operations, and the maneuvers of the Enemy.
M. WEARE.
Stark refused to act under the continental officers.
134
Council of Safety-July 8 to Aug. 15, 1777.
by the militia under Colonel Simmonds which I have ordered to join him,
and with that of the State of New Hampshire, and such as can be col-
lected from the more Southern parts of what are commonly called
Grants, would be able to effect this business in a very great measure.
The enemy, by the last accounts, are not above six thousand; and if it
be true that they are disposed of as I have mentioned, the body at Castle-
ton cannot be considerable. I have ordered such persons as are going
to the enemy for protection, to be seized and sent prisoners to me. Three
have been delivered to me and I have sent them to jaol in Albany. I
think it would be right to adopt a similar conduct, especially to those
who are not yet so much in their power as to be obliged to accept pro-
tection from them.
1
I have delivered Captain Fitch a Proclamation of which I wish you to
make copies and distribute them in the Country nearest the enemy.¹
P. SCHUYLER.
Of this period IRA ALLEN wrote as follows:
The Council of Safety then attended to the affairs of the government,
but their situation was very unpleasant, as the Constitution had only de-
clared the district to be a free state; but the Government was not or-
ganized, as the Constitution was not fully completed, and near three
quarters of the people on the west side of the Green Mountains were
compelled to remove, and the rest were in great danger. It was they
who principally supported the title of the New Hampshire Grants,
against the unjust claims of New York, and their removal would expose
the settlers on the east side of the Green Mountains to an invasive war,
both from the Savages and the British; besides, the late proceedings of
Congress had been partial towards New York, and against Vermont;
the people of the new State had reason to expect no favour from the
Committee of Safety of New York, as its members were in fact com-
posed of the old sycophants of the late Government, which they pru-
dently deserted. Gain and dominion were objects of the first conse-
quence to some of the Committee of New York, and the citizens of the
New State were conscious that they would take every sinister and possi-
ble step to divide the people, and would not be dissatisfied with any mis-
fortune which befel them, even by the common enemy.
The Council of Safety had no money or revenue at command, their
powers and credit were not extensive, and all expresses were supported
at their private expence yet, in this situation, it became necessary to
raise men for the defence of the frontiers, with bounties and wages ;
ways and means were to be found out, and the day was spent in debat-
ing on the subject; Nathan Clark, not convinced of the practicability
of raising a regiment, moved in Council, that Mr. Ira Allen, the young-
est member of Council, and who insisted on raising a regiment, while a
majority of the Council were for only two companies, of sixty men cach,
might be requested to discover ways and means to raise and support a
regiment, and to make his report at sun-rising on the morrow.
Council acquiesced, and Mr. Allen took the matter into consideration.
Next morning, at sun-rising, the Council met, and he reported the ways
and means to raise and support a regiment, viz. that the Council should
appoint Commissioners of Sequestration, with authority to seize the
goods and chattels of all persons who had or should join the common
enemy; and that all property so seized should be sold at public vendue,
1
The
¹ For this counter proclamation to Burgoyne's, sec Vt. Hist. Soc. Coll.,
vol. I, p. 182.
Council of Safety-July 8 to Aug. 15, 1777.
135
and the proceeds paid to the Treasurer of the Council of Safety, for the
purpose of paying the bounties and wages of a regiment forthwith to be
raised for the defence of the State. The Council adopted the measure,
and appointed officers for the regiment. Samuel Herrick, Esq., was ap-
pointed the Colonel, and the men enlisted, and the bounties paid in fif-
teen days, out of the confiscated property of the enemies of the new
state. This was the first instance in America of seizing and selling the
property of the enemies of American independence.¹
The Council adjourned to Bennington, and about the time this regi-
ment was raising, a party of militia from Massachusetts arrived in the
new State. Gen. Schuyler, a citizen of the State of New York, and
Commander in Chief of the northern army, no sooner heard of it than
he sent orders to the militia of Massachusetts, and to Colonel Herrick's
regiment, to repair forthwith to Saratoga; the militia from Massachu-
setts were obliged to obey, according to the regulations of the Continen-
tal Congress; but the Council of Safety superceded General Schuyler's
orders, and gave special directions to Colonel Herrick to remain within
the State of Vermont. This occasioned some irrascible letters between
General Schuyler and the Council of Safety, which were terminated by
a peremptory order of Council to Colonel Herrick not to put himself un-
der the command of General Schuyler.2
[From page 44 of the Official Ms. Record of the Council of Safety.]
STATE OF VERMONT, IN COUNCIL OF SAFETY,
Manchester, July 15th, 1777.
To Samuel Herrick, Esq.:
}
We Reposing special trust and confidence in your Patriotism Vali-
ours Conduct and Fidelity do by these presents Constitute you to be
Lieutenant Colonel Commandant of a Regiment of Rangers Raised
within this State for the Immediate defence thereof, and to be under the
Special direction of this Council or the Commander in Chief of the
1
¹In 1808 Allen repeated his claim to this honor, which he could hardly
have done had it been controverted by any body. Gov. HALL says in
reference to Allen's claim: "Such is believed to be the fact, though the
measure was afterward pursued in all the states." Not until Nov. 27,
1777, four months after the Vermont Council of Safety had adopted Al-
len's project, did Congress recommend the same course to all the states.
-H. Hall's Early History, p. 260; and Journals of Congress, 1777-78,
vol. III, p. 423.
Ira Allen's History, in Vt. Hist. Soc. Collections, vol. 1, pp. 384-5.
D. P. THOMPSON, in his address before the Vt. Historical Society in 1850,
gave a very spirited sketch of a debate in the Council on the defection
of Benjamin Spencer and the vital question of military supplies, pur-
porting that it occurred on the day PAUL SPOONER wrote to Gen. BAY-
LEY of Spencer's conduct; but, alas! it was all fiction. IRA ALLEN fixed
the decision of the supply question (confiscation) before the adjournment.
of the Council of Safety to Bennington-of course between the 11th and
15th of July, on which day Herrick was commissioned Colonel as the first
result of Allen's policy,-while Spooner's letter to Bayley was dated on the
11th of August following. The truth of history forces this unwelcome.
marring of Mr. Thompson's pretty picture.
136 Council of Safety-July 8 to Aug. 15, 1777.
Army Commanding the department the East side of Hudson's River;
You are therefore carefully and diligently to discharge the duty of
a Lieutenant Colonel Commandant, by doing & performing all man-
ner of things thereunto belonging-And we do Strictly Charge and Re-
quire all officers & soldiers under your Command to be obedient to your
orders as Lieutenant Colonel Commandant. And you are to observe
and follow such orders and directions from time to time as you shall re-
ceive from this Council or the Commander in Chief of the Army afore-
said, or any other your Superior officer according to the Rules and dis-
cipline of War. In pursuance of the Trust reposed in you, this Com-
mission to Continue in force until the first day of January next.
By order of Council,
Attest, IRA ALLEN, Secy.
THOMAS CHITTENDEN, Prest.
Benjamin Wait was appointed Major of Herrick's regiment Sept. 3,
1777; Elisha Clark Adjutant, and James Walworth Quarter-Master,
Aug. 24.
:
IN COUNCIL OF SAFETY, STATE OF VERMONT,
Bennington, 28 July, 1777.
To
You are hereby required (agreeable to a previous
resolve of this Council) to seize all lands, tenements, goods and chattels,
of any person or persons in this State; whom you know or may here-
after learn, to have repaired to the enemy, and a true inventory thereof
to take, and return to this Council, except articles as are wanted for the
use of the army; which are wanted at Manchester or elsewhere, where
there is a contractor to receive and pay for them. You will appoint
three persons noted for good judgmeut, who are, after being duly sworn,
to apprize the same; and all other movable effects you are to sell at pub-
lic vendue, except such necessaries as humanity requires for the support
of such families. And after paying necessary charges you are to remit
the remainder of the money to this Council. You will take the natural
and artificial marks of every creature you shall receive, or take, and their
age, from whom they came, for what sold, and to when sold. You are
to lease out all such lands and tenements at a reasonable price, not ex-
ceeding two years, giving the preference to such persons as have been
drove from their farms by this war. You are further authorized to arrest
any person, or persons, you shall have sufficient grounds to believe are ene-
mies to the liberties of this and the United States of America, and all
such persons as you shall arrest you will seize all their movable effects
(where there is danger of their being embezzled) and keep in safe cus-
tody until after trial." If they are acquitted, to give unto such person or
persons such seizour; but if found guilty, to make return to this council.
You are to call to your assistance such person or persons as you shall
find necessary, keeping regular accounts of all your procedures.
By order of Council,
IRA ALLEN, Secy.¹
¹Vt. Hist. Soc. Coll., vol. 1, p. 191. Of course quite a number of com-
missioners must have been immediately appointed, whose names were
in the lost minutes. Lieuts. Peter Roberts, Martin Powell, Silas Wat-
son, and Ebenezer Hyde; Capt. John Simonds; and Capt. Jonathan,
David, and Benjamin Fassett, were probably among the first commis-
sioners appointed.
Council of Safety—July 8 to Aug. 15, 1777.
137
"A proper fund for state use being thus secured, a regiment of ran-
gers was soon organized under Col. Samuel Herrick, which did efficient
and valuable service to the state and country."¹
1
[From the Hartford Couran of August 17, 1777.]
IN COUNCIL OF SAFETY, SOLA, July 28, 17MONT, }
Bennington, 1777.
Whereas the inhabitants of the northwesterly part of this State have
been necessitated to remove their families by the encroachments of the
enemy, and some are removed to the states of Massachusetts Bay and
Connecticut:-
These are therefore to earnestly request such men to return and assist
in defending this and the United States of America from the ravages of
the enemy, as it will be to their honor, and much to their profit, as we
have authentic accounts, this moment arrived, that the enemy have
evacuated Castleton for fear of devastation by our troops that were gath-
ering to pay them a visit; for which reason it is likely that most or all
the crops may be saved, if the inhabitants return soon.
By order of the Council,
IRA ALLEN, Secretary.
Having learned that Capt. JAMES CLAY, chairman of the Cumberland
County Committee of Safety, had been distributing resolutions of Con-
gress adverse to Vermont, which had been printed by New York and
sent to Mr. Clay for that purpose, August 10, 1777, the Council issued a
warrant for his arrest.
"He was accordingly taken before them as a prisoner, [on an order
dated Aug. 29th,] and was informed by Col. Thomas Chittenden that he
had done wrong in obeying the directions of New York; in notifying a
meeting of the County Committee [to hear those resolutions read pub-
licly;] in distributing the resolves of the Continental Congress; and in
inciting people against the new state. On these charges Clay was de-
tained in custody six days. At the end of that period he was allowed to
return to his home in Putney."
[From Vt. Hist. Soc. Collections, Vol. 1.]
IN COUNCIL OF SAFETY, STATE OF VERMONT,
Bennington, 11th August, 1777.
Dear Sir,-As the Council is much crowded with business, as one of
our Members is with our Enemies, (viz. Esq. Spencer,) as an attendance
¹ Early History, p. 260.
² Eastern Vermont, pp. 298, 299. That Ira Allen visited Cumberland
County at this time and was zealous in counteracting the efforts of New
York, appears from the following item in his account against the State,
which will be found in Thompson's Vermont, Part II, p. 107:
1777. August 10. To 14 days going into the county of Cumberland-
to explain a resolution of Congress-to counteract the policy of N. Y..
to appoint some officers for Col. Samuel Herrick's Regt. of Rangers, pay
bounty money, &c., £7 0 0.
'Benjamin Spencer of Clarendon; see note ante, p. 68.
11
138
Council of Safety-July 8 to Aug. 15, 1777.
of all the Members is required (that are on this side the mountain) to
make a quorum, and as some of us want to visit our families, we wish
for your speedy attendance on the council, together with the other Mem-
bers on the east side of the mountain. We have herewith sent an ex-
press to Col. Marsh and Olcott, for one half of their militia. The enemy
have pointed their whole force toward Albany and evacuated this State
entirely, they have left Ticonderoga with but about 100 men, as we find
by our friends, who they have taken prisoners, and have made their es-
cape.
Our Army lies at Still Water and recruits are daily passing through
this town on their way to join them. Their army is in part as low down
as Saratoga, the rest at Fort Edward. Their Indians do some mischief
by firing on scattering parties, &c. A subaltern Officer of our Rangers
returned last evening with a small scouting party of six men only from
Saratoga with two Tory Prisoners, eight head of cattle, a span of horses
and a waggon.
Pr Order,
Brig. Gen. Bayley.
PAUL SPOONER, D. Sec'y.
Circulars to the Colonels of the State Militia.
[From Vt. Hist. Soc. Collections, Vol. I.]
STATE OF VERMONT, IN COUNCIL OF SAFETY,
Bennington, 13th Augt. 1777.
Dear Colo-By Express this day received from the Commanding offi-
cer of the Northern Department, we Learn that a door has now opened
for the troops of this State to do Duty on this Side the North_River,
which will be clear from Gen. Schuyler's Command, and as an Expedi-
tion is on foot of the greatest importance, which is to remain a secret till
the Troops are Collected, these are therefore the most Positive terms to
Require you without a moment's Loss of Time to march one half of the
Regiment under your Command to this Place. No small excuse at this
Juncture can be received.
Whilst I am writing this we are informed by Express that a Large
Body of the Enemy's Troops Were Discovered two hours ago in St.
Koik, 12 Miles from this Place, and another Body at Cambridge, About
18 Miles from this, that they marched Boldly in the Road, and there will
Doubtless be an attack at or near this Place within 24 howers. We have
the assistance of Majr general Stark with his Brigade, You will hurry
what Rangers forward are Recruted with all speed. Now is the time, Sr.
I am Sr your Humble Servant.
Sr, I Desire you would By order of Council Send this Express to Gen-
eral Baley, Peter Olcott, Col., Colo Marsh.
To Maj. Israel Smith of Strafford.
JONAS FAY, Vice President.
[From Slade's State Papers, p. 197.]
STATE OF VERMONT,
Bennington, in Council of Safety, August 16, 1777.}
Sir,-You are hereby desired to forward to this place, by express, all
the lead you can possibly collect in your vicinity; as it is expected, every
minute, an action will commence between our troops and the enemies',
Council of Safety-July to Aug. 15, 1777.
139
within four or five miles of this place, and the lead will be positively
wanted.
By order of the Council,
Paul SPOONER, D. Sec'y.
The Chairman of the Committee of Safety, Williamstown, [Mass.]
The same request sent to the Chairman of the Committee, Lanesboro,
the same date-sent by Jedediah Reed, Paulett.
Madam-Please to send by the bearer, Jedediah Reed, 6 or 7 lbs. of
lead, by Col. Simonds' order.
By order of Council,
Mrs. Simonds.
PAUL SPOONER, D. Sec'y.
1
OFFICIAL RECORD
OF THE
COUNCIL OF SAFETY
OF THE
STATE OF VERMONT.
AUGUST 15, 1777, to MARCH 12, 1778.
CERTIFICATE PREFIXED TO THE OFFICIAL RECORD.
}
The first 20 pages in this Book is left blank for the purpose of Enter-
ing the Minutes of the Council of Safety of the State of Vermont from
Jany. 1776 [to] the 15th August 1777, during which time Colº. IRA AL-
LEN was Secretary and has the Minutes of sd. Council in his possession.
Certified by
Jos. FAY, Sec'y.
'Secretary FAY counted the records of the General Conventions, be-
ginning in January 1776, as part of the "Minutes of the Council of
Safety of the State of Vermont." It is true that the Conventions were
in fact Councils of Safety, but that title belongs technically to the Council
of twelve established by the Convention at Windsor, July 8, 1777.
OFFICIAL RECORD
OF THE
COUNCIL OF SAFETY
AUGUST 15, 1777, to MARCH 12, 1778.
BENNINGTON, 15 August 1777.
A warrant was given to Dr. J. Rhuback to impress a horse to Ride to
Gen. Stark's Head Quarters in this Town, drawn in the usual form.¹
To Lieutenant Peter Roberts one of the Commissioners of Sequestration:
Sir, You are hereby directed to forward the Cattle under your care
(being 111 head) to New Providence, then and there to Advertise said
Cattle and expose them to Sale at Public Vandue, and [keep] fair accounts
of said Cattles Natural & Artificial Marks and age with their particular
prices and make Returns of the Money with all your proceedings to this
Council as soon as may be.
PAUL SPOONER, D. Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, August 16th, 1777.
To Colonel John Williams: 2
Sir,-You will proceed with your party Towards the lines, and if
the Enemy should retreat, you will Repair to the Road leading from St.
Coik [San Coick] to Hoosach [ Hoosick,] and if you make any discovery,
Report to this Council; At the same time you are to pay proper Atten-
tion to the Road Leading from Hoosach to Pownall.
By order of Council,
PAUL SPOONER, D. Sec'y.
¹ JACOB ROBACK was appointed by the General Assembly, March 20,
1776, surgeon for Captains Ebenezer Allen and Isaac Clark's Com-
panies. He acted in that capacity in 1777, and again in 1779.
Perhaps Col. John Williams of Salem, N. Y.-See Vt. Hist. Soc. Col-
lections, vol. II, pp. 71, 133. There was a Captain John in the revolu-
tionary war from Massachusetts, who may have been Colonel of militia.
144 Council of Safety-Aug. 15, 1777, to March 12, 1778.
[From Vt. Hist. Society Collections, Vol. 1, p. 203.]
Read in the New York Council of Safety at Poughkeepsie, August 19th,
1777—forwarded from the Albany Committee.¹
STATE OF VERMONT. IN COUNCIL OF SAFETY,
Bennington, 16th August, 1777, 6 o'clock [P. M.] S
Gentlemen.--Brigr. Gen. Stark from the State of New Hampshire
with his Brigade, together with the militia and company of Rangers
¹Journal of N. Y. Council Vol. 1, p. 1044. This circular is not in the
official record. The meagre official account preserved of the services of
the Council at this critical period is in a great measure compensa-
ted for by the following tribute from Brig. Gen. JOHN STARK :
[From the Hartford Courant of Oct. 7, 1777. Reprinted in Vt. Hist. Soc. Coll., vol. I, p. 228.]
BENNINGTON, August 18, 1777.
To the printer of the Connecticut Courant,-The following exertions of
the Council for the State of Vermont since the evacuation of Ticonde-
roga, Mount Independence, &c., may be depended on as facts which I
think justly deserve a space in your useful paper; you are therefore de-
sired to publish the same.
Those Gentlemen were with others attending a General Convention
of that State at Windsor, when the above mentioned fortresses were be-
sieged by the enemy, who constantly received intelligence of the move-
ments of the several bodies. Every method in their power was taken
to forward the militia in this and the Eastern States to the assistance of
General St. Clair, as well as provisions of every kind. On receiving au-
thentic intelligence of the evacuation of those fortresses, and that a
stand was to be made at Bennington, the same day, the honorable con-
vention, then sitting as aforesaid, appointed twelve members as a coun-
cil to transact public business of the state during the recess of the con-
vention; who without delay repaired to Manchester, where Col. Warner's
regiment of Continental troops was at that time posted; which they
finding were not a sufficient force to withstand the enemy in case of an
attack, exerted themselves in a most spirited manner, and collected the
militia of said state, which enabled Col. Warner to maintain that post.
At the same time they wrote to the Hon' the Council of the State of
New Hampshire, setting forth in the most pressing terms the necessity
of the assistance of the militia of that State to guard so valuable a part
of the country from the immediate ravage of the Indians, as was threat-
ened by Gen. Burguoyne's manifesto.
The Hon. the Council of New Hampshire, taking the same under
their immediate consideration, ordered a fourth part of twelve regiments
to be forthwith drafted and put them under my command, at which time
I received orders to march to Manchester and act in conjunction with
Col. Warner. After my arrival at that place I received orders from
Major General Lincoln, pursuant to orders from General Schuyler, to
march my whole brigade to Stillwater, and join the main army then
under his command. At the same time requested the whole of the mi-
litia (by Gen. Schuyler's order) of the State of Vermont to join him and
march to Stillwater as aforesaid. In obedience thereto I marched with
my brigade to Bennington on my way to join him, leaving that part of
the country almost naked to the ravage of the enemy. The Honorable
the Council then sitting at Bennington were much against my marching
with my Brigade, as it was raised on their request, they apprehending
great danger of the enemy's approaching to that place, which afterwards
Council of Safety-Aug. 15, 1777, to March 12, 1778. 145
raised by this State, with parts of Col. Symond's regiment of Militia,
[from Berkshire County, Mass.,] are now in action with a number of
the enemy's Troops assembled near this place, which has been for some
time very severe. We have now in possession (taken from them this
day) four brass field pieces, ordnance stores, &c., and this minute four
or five hundred prisoners have arrived. We have taken the ground,
although fortified by entrenchments &c., but after being drove about one
mile the enemy, being reinforced, made a second stand, and still con-
tinue the action. The loss on each side is doubtless considerable. You
are therefore in the most pressing terms requested by Gen. Stark and
this Council to forward the whole of the militia under your several com-
mands to this place without one minute's loss of time :-they will pro-
ceed on horseback with all the ammunition that can be provided con-
veniently. On our present exertions depends the fate of thousands.
I am, gentlemen, your Most Obt. Servant,
JONAS FAY, Vice President.
To the Gentlemen officers nearest this place commanding Regiments of Mi-
litia in the several United States.
STATE OF VERMONT. IN COUNCIL OF SAFETY,
Bennington, 20th Aug., 1777.
}
Sir,-You are hereby required to raise seventy-five abled-bodied effec-
tive men of your Regiment of Militia, exclusive of the common quota
of Commissioned officers for such numbers, which number you will
Cause to be continued in the Field under the Commanding officer of the
Eastern Militia until the first day of December next, unless sooner dis-
charged by such Commanding officer; Should you find it more conven-
ient for part or all such Troops to be relieved before that time, you will
do it, Observing always to keep the full number in the Field. Those who
ingage are to do it only on the principle of being under the Regulation
of the Continental Army during the time they serve, altho' under the
command of the above officer.
By order of Council,
THOMAS CHITTENDEN, Prs't. 1
2
BENNINGTON, August 23, 1777.
David Breakenridge is permitted to remain at his Father's house un-
der the care of the Guard at that place until further orders.
we found truly to be the case. They happily agreed to postpone giving
orders to the militia to march, by which, together with their repeated
applications for the militia of the state of Massachusetts Bay, and sup-
plying with arms and ammunition, afforded the greatest assistance in
obtaining the glorious and memorable victory over the enemy near this
place on the 16th instant, who were determined to have penetrated the
country.
I cannot therefore in justice resist giving the Hon¹ Council the honor
of exerting themselves in the most spirited manner in that most critical
time.
JOHN STARK, B. D. G.
¹ Probably a circlar addressed to different officers. The name of the of
ficer addressed, it will be observed, is not given.
Son of Lieut. James Breakenridge, of whom see note, post, p. 151.
146 Council of Safety—Aug. 15, 1777, to March 12, 1778.
STATE OF VERMONT. IN COUNCIL OF SAFETY,
Bennington, 23d Aug. 1777.
To Asa Baldwin, Samuel McCoon, William Underhil, Thomas Baldwin,¹
and Moses Veal, [Vail:]
2
Notwithstanding your ungratefulness to your Country, & notwith-
standing you have by your Conduct forfeited the confidence of your
Countrymen, yet nevertheless on the application of Captain Abraham
Underhill in your behalf, this Council are Induced out of humanity, to
accept you again into friendship on your Voluntary Surrender, and Tak-
ing the Oath of Fidelity to the United States of America forthwith and
dispensing with the loss you have already Sustained to Attone for past
folly.3
By order of Council,
THOMAS CHITTENDEN, Pres't.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 24th Aug. 1777.
To Elisha Clark, Gentleman:
Reposing special Trust and Confidence in your Patriotism Valor and
Good Conduct & experience in Military discipline, we have appointed you
Adjutant in Lieut. Colonel Samuel Herrick's Regiment of Rangers,
Commanding all officers and soldiers to Obey you as Adjutant. And
when said Regiment is full you will be duly Commissioned, until which
Time this shall be your Sufficient Warrant.
By order of Council,
THOS. CHITTENDEN, Pres't.
Attest, IRA ALLEN, Sec's.
Resolved, That James Walsworth be & he is hereby appointed Quar-
ter-master to Lieutenant Colonel Samuel Herrick's Regiment of Ran-
gers.
Attest, IRA ALLEN, Sec'y.
1 Asa Baldwin was the first town clerk of Dorset; Thomas was his
brother. The Baldwins and Underhills of Dorset came from New York.
Asa was a strict Churchman and a Royalist.-Vermont Historical Mag-
azine, yol 1, pp. 182, 186.
2 Abraham Underhill represented Dorset in the Conventions of July
and September 1776, and was one of the nine persons appointed July 25
1776 as a Committee of Appeals in matters relative to the cause of
American Liberty. He commanded a military company raised for the
defense of the State. He was a member of the General Assembly in
Oct. 1778, '80, '81 and '84, and died in 1796.-Vt. Hist. Soc. Collections,
vol. 1, p. 15, 23, 24, 25, 294, 295; Vt. Hist. Mag., vol. I, p. 184.
3
"for
³ Dec. 12, 1777, the Council discharged the above named persons
whatever they may have said or acted relative to the dispute between
Great Britain and America to the 23d day of September last."
James Walworth was attempting to hold land under Goldsbrow Ban-
yar (clerk of the New York Council) in 1772, and had been informed by
James Breakenridge of Bennington and others, that Banyar disavowed
any connection with him. Possibly this man became the Vermont
quarter-master.-See E. Allen's Ms. Papers, p. 79.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 147
STATE OF VERMONT. IN COUNCIL OF SAFETY,
Bennington, 25 Augt.1777.
To Captain John Fassett:
Sir,-You are hereby required to Take a pottash Kittle for the Hessian
Troops to Cook in, give your Rect for the same & bring the same to
the Meeting-House in this place.
By order of Council,
IRA ALLEN, Sec'y.
Resolved, that Captain Ebenezer Allen¹ be the first Captain in Lt.
Colonel Samuel Herrick's Regiment of Rangers.
State of VERMONT. IN COUNCIL OF SAFETY,
Bennington, 26th Augt. 1777.
To Adjutant Elisha Clark:
You are hereby required to make Return of the names and Num-
bers of the officers non-commissioned officers and Soldiers belonging to
Colonel Samuel Herrick's Regiment of Rangers already raised within
this State for the Defence thereof to Ebenezer Walbridge at Arling-
ton, at 10 oclock of the Morning of the 28th instant, as he is appointed
and authorized to muster and Return the several Musters of the whole
in order to their being severally entered and intitled to their pay agree-
able to their Several Ranks. And you are further ordered to Take par-
ticular accounts of the several Companies and names of the several sol-
diers of that Core who may hereafter join at every opportunity. Of this
you are not to fail.
By order of Council,
Attest, IRA ALLEN, Secy.
THOMAS CHITTENDEN, Prest.
STATE OF VERMONT. IN COUNCIL OF SAFETY,
Bennington, 27th Augt. 1777.
Whereas this Council have reed a Letter from Captain Burroughs at
Arlington acquainting us that our Scouts had Taken all the Stock of
¹ EBENEZER ALLEN was born at Northampton, Mass., Oct. 17, 1743, and
was a descendant of Matthew Allen, who came to New England in 1632
with Rev. Thomas Hooker of Chelmsford. Of Matthew the Samuel Allen
was a brother, from whom descended Joseph the father of Ethan, Capt.
Heman, Maj. Heber, Lieut. Levi, Zimri, and Col. Ira, nearly all of whom
were famous in the early history of Vermont. Ebenezer Allen was ap-
pointed lieutenant in Warner's regiment, 1775; captain, as above, Aug. 25,
1777; member of the Board of War in 1779; and major of Rangers and col-
onel of militia in 1780. He distinguished himself in the battle of Benning-
ton, and particularly so by a night attack with forty men on Mount De-
fiance, and its capture, in September, 1777, and also the capture of fifty
of the rear guard of the enemy on their retreat from Ticonderoga at
that time. He was a brave and successful partisan leader. He settled
in Poultney in 1771; removed to Tinmouth and represented it in several
conventions in 1776 and 1777; removed to South Hero in 1783, which
town he represented four years in the General Assembly; and to Bur-
lington in 1800, where he died March 26, 1806.-See Early History, p.
451; Vt. Historical Magazine, vol. 1, p. 607; and Deming's Catalogue,
1778 to 1851.
148 Council of Safety-Aug. 15, 1777, to March 12, 1778.
every kind from Anger Hawley's wife of Reuport & she had made ap-
plication to him for a Cow as her Children were in a Suffering Condi-
tion, These are therefore to Require you to Let her have one Cow for the
time being out of the first Cows you Take from any disaffected person.
By order of Council,
Lieut. Martin Powel, Commissioner Sequestration.
IRA ALLEN, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY,
Bennington, 27th August, 1777.
These are to require all persons in this State, that have Taken any
effects from or belonging to any person in the State of New York in these
late disturbances to deliver up such effects to Mr. John Abbott and Cap-
tain Nathan Smith, as they are appointed by Major Younglove one of
the Commissioners of Sequestration for said State, to take care of such
effects in behalf of said State, their proving their property to such effects,
Provided such effects are not Taken in the Field of Battle.
To
By order of Council,
To whom it may concern.
IRA ALLEN, Sec'y.
State of VeRMONT. IN COUNCIL OF SAFETY,
VERMONTngton, August, SAFETY,}
Bennington, 27th August, 1777.
Sir,-You are hereby required to Take four Horses Belonging to John
Munro Esq., supposed to be at Mr. Breakenridge's, and them safely keep
and convey them to this Council as soon as may be.
By order of Council,
IRA ALLEN, Sec'y.
The gentleman in whose Custody the horses are is requested to de-
liver them to the bearer.
1
¹ Lieut. MARTIN POWELL of Manchester was one of the committee of
seven who issued the warrant for the Convention of Jan. 16, 1776, and
delegate in the Conventions of 1776 and 1777; member of the first Gen-
eral Assembly, March, 1778, and for eight years subsequently; judge of
the first Bennington county court; judge of probate twelve years; and
member of the Convention of 1791 which adopted the Constitution of
the United States. Rev. Martin Powell of Westford was another man
of the same name.
2 JOHN MUNRO, Esqr., of Shaftsbury, the title being accorded to him in
the text in virtue of a magistrate's commission granted to him by New
York. After the New York authorities had granted lands in Vermont
in violation of the order of the king in council, of July 24, 1767, and taken
measures to enforce these grants, an organization of the Green Mountain
Boys was formed for resistance, in which Ethan Allen, Seth Warner,
Remember Baker, Robert Cochran, and Gideon Warren, were captains.
They and their followers were in the habit of chastising all Yorkers, who
interfered offensively, "with twigs of the wilderness," and one of their
victims was Hugh Munro, an old offender, who was lashed three times,
each time until he fainted, when his wounds were dressed and he was
banished from the State. This scene, and others resembling it, was fol-
Council of Safety-Aug. 15, 1777, to March 12, 1778. 149
State of VeRMONT. IN COUNCIL OF SAFETY, August 27, 1777.
To Lieutenant Silas Watson:
You will please to send all the evidence you have against Jonathan Card
& Peleg Card, [of Pownal.] As we propose to bring them on tryal on
the 29th Instant we shall depend on hearing from you by said day.
By order of Council,
IRA ALLEN, Sec'y.
lowed by a proclamation of Gov. Tryon of New York, dated Dec. 9,
1771, offering a reward for the arrest of each of the captains above
named. Esquire Munro's house had been visited by them, and they had
fired into it, so alarming him that he fled for safety into New York.
Gathering there a posse of ten or a dozen men, Munro repaired to the
house of Remember Baker of Arlington, to arrest him under Tryon's
proclamation, and at about day-light on the morning of March 22, 1772,
broke into the house, wounded Baker and his wife, maltreated his chil-
dren, and retired into New York with the wounded Baker as a prisoner.
Ethan Allen published in the Connecticut Courant an account of this
savage affair, which will be found in Du Puy's Ethan Allen and the
Green Mountain Heroes of '76, pp. 161–164, and in Vt. Hist. Mag., vol. I,
pp. 124-125. An alarm was at once spread, Munro was pursued, and
Baker rescued and restored to his family. From this time Munro was
so much in fear of the Green Mountain Boys that he remained quiet
until 1777, when he fled to Burgoyne's camp, and the Vermonters con-
fiscated his property. His name is in the list of those who were forever
proscribed by the Vermont act of Feb. 26, 1779. The fact that he failed
of recovering in England damages for the loss of his Vermont land,
because it was covered by a New Hampshire grant, has already been
noticed. See Du Puy's Ethan Allen; H. Hall's Early History; and Vt.
Hist. Magazine.
It is a very singular fact that two entirely different lists have been pre-
served of the persons who rescued Baker from the clutches of Munro.
The first in the columus below is from a detailed account printed in the
Rural Magazine, 1795, furnished by "T.," which may stand for either
Samuel Tubbs or Isaac Tichenor-most probably the last named. This
was published when many of the actors were living, and every good rea-
son for either concealment or misrepresentation had passed. Gov.
HALL regards it as the true list, for these reasons, and also because the
men were residents of Bennington, and Munro asserted that the rescu-
ers were Bennington men. The other list is from the Documentary His-
tory of New York, vol. 4, p. 777. The names given are of Arlington and
Sunderland men, who, says Gov. HALL, "could not have been the actual
rescuers." This list, however, is represented as having been furnished
by Munro himself. This palpable contradiction is explained by Gov-
ernor HALL by the supposition that Munro gave the names of another
party bent on the same business. Such a party did go in pursuit of
Munro and his prisoner, were met by the Bennington party, and both
returned to Vermont together—so says the Magazine. Another theory
150 Council of Safety-Aug. 15, 1777, to March 12, 1778.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 27 August, 1777.
To Captain Joseph Farnsworth, Commissary, Bennington:
Sir,-If you please to give Lieut. Benjamin Chamberlin and three
men with him three days provisions, as they are Bold Volunteers, this
Council will Settle with you for the Same.
By order of Council,
IRA ALLEN Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 27 August, 1777.
Permit Mrs. Munro to keep her cattle, sheep, swine, and other effects,
until orders is given from this Council for her to Diliver them up.
By order of Council,
To whom it may Concern.
THOMAS CHITTENDEN, Prest.
N. B. To Mrs. Munro, by sending to Bennington Tomorrow you
can have one of your Riding horses to use until we send for him.
THOMAS CHITTENDEN, Pres't.
pr order,
STATE OF VERMONT. IN COUNCIL OF SAFETY, 27 August, 1777.
To Mr. Harris:-You are hereby directed to employ some men to
Harvest Mr. Breakenridges wheat and put the same in his Barn, you
also pay the expense out of the wheat, and what is not wanted for the
use of the family you will keep until further orders from this Council.
By order of Council,
IRA ALLEN, Sec'y.
worth thought is, that the Bennington party assumed and called them-
selves by the names of the Arlington men. It is not without the seri-
ous objection that only twelve men can be accounted for in that way, to
wit: ten of the Bennington party, and Caleb Henderson and John Whis-
ton, who, according to the Magazine, tried to resist Munro when he
attacked Baker's house. An equally serious objection exists to the other
theory, viz., that Munro should have the names of twelve men who did not
rescue Baker from his grasp, and did not have the name of even one of
the ten Bennington men who did rescue him. The two lists are as fol-
lows:
Magazine List.
1. Gen. Isaac Clark,
2. Col. Joseph Safford,
Munro's List.
1.
Joseph Bradley,
2.
Lemuel Bradley,
3. Maj. Wait Hopkins,
4. Col. David Safford.
Messrs.
5. Timothy Abbott,
6. Stephen Hopkins,
3. Jesse Sawyer,
4. Isaac Vernernum,
5. Abel Castle, jr.,
6. Curtis Hawley,
7. Elisha Sherman,
7. Elnathan Hubble, [Hubbell,]
8.
Philo Hurlbut,
8. Samuel Tubbs,
9.
Abijah Hurd,
9.
Ezekiel Brewster,
10.
Ebenezer Wallis,
10. Nath. [Nathaniel] Holmes.
11.
John Whiston,
12.
Austin Seela,
13.
Justice Sherwood,
14.
Caleb Henderson.
See Vt. Hist. Mag., vol. 1, p. 125; H. Hall's Early History, pp. 134–137;
Rural Magazine, vol. 1, pp. 415–420.
Council of Safety-Aug. 15. 1777, to March 12, 1778. 151
STATE OF VERMONT.
To Mr. David Fassett:
Sir,--You will proceed to Mr. James Breakenridges' and make strict
examination of his Improvements or Lands adjoining and if you find any
Stock or other effects which you have reason to Suspect belongs to any
Enemical persons within this State you will seize the Same and Cause
it to be Brought to this Council as soon as may be.
IN COUNCIL OF SAFETY, 28th August 1777.
By order of Council,
IRA ALLEN, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 29th August, 1777.
To Mr. David Fassett:
Sir,-You are to proceed to the House of Mr. John Munro of Shaftsbury,
and seize all his Lands and effects of whatsoever name or nature, and
bring all his writings, Together with all his Movable effects, to this
Council, excepting Two cows & such other effects as are wanted for the
Support of said Munro's Family, which you are to Leave with the
Woman, Taking a proper account of them.
1
By order of Council,
IRA ALLEN, Sec'y.
¹ Lieut. JAMES BREAKENRIDGE of Bennington has a conspicuous place
in the history of the controversy with New York. On his farm the first
attempt was made to enforce the authority of New York, Oct. 19, 1769,
but it was overawed by the hostile appearance of too many of Mr. B's.
neighbors, who, with Mr. B., were indicted therefor as rioters in the
court at Albany. In July 1771 a final unsuccessful attempt was made;
and then, says Gov HALL," in fact, on the farm of James Breakenridge
was born the future State of Vermont." Oct. 21, 1772, Mr. Breaken-
ridge, with Jehiel Hawley of Arlington, was appointed an agent to rep-
resent to the king the grievances of the claimants under the New Hamp-
shire Grants; Jan. 17, 1776, he, with Heman Allen and Jonas Fay, was
appointed to represent the case of the N. H. Grants to the Continental
Congress; and June 24, 1776, he acted as one of the committee which
issued the warrant for the Dorset Convention of the 24th of July follow-
ing. Although Mr. Breakenridge was never personally engaged in any
disorderly proceedings, he was often denounced by the Yorkers as a
rioter, and was one of the persons proscribed in the New York riot act
of 1774. He acquired his military title by appointment as first lieuten-
ant in the first militia company organized in Bennington, Oct. 24, 1764.
He was of Scotch-Irish descent, probably scrupulous about bearing arms
against the king, and for that reason, or apprehending that resistance
would be vain, he seems to have sought the protection of Burgoyne, as
many residents of Vermont and New York did in 1777. Entries on the
Council journal show that he had been sentenced to banishment within
the enemy's lines, that he applied for relief, and was from time to time
reprieved. He finally re-acquired citizenship in Vermont, and adorned
it by an honorable life.-See H. Hall's Early History; Vt. Hist. Soc.
Coll. vol. I; and Memorials of a Century, Bennington.
152 Council of Safety-Aug. 15, 1777, to March 12, 1778.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 29th August, 1777.
To Mr. Jesse Burk, Westminster:
1
Sir,-You will bring Captain James Clay of Putney (now in your
care) before this Council as soon as may be.
By order of Council,
THOMAS CHITTENDEN, Pres't.
State of VERMONT. IN COUNCIL OF SAFETY, 29th August, 1777.
To the Committee of Safety in Windsor, and the adjacent Towns in this
State:
Gentlemen,-All such persons as you shall have sufficient Evidence ex-
hibited against on Tryal as to prove them so far Enemies to the Liberties
of America as to be dangerous persons to go at Large you will send to
Westminster Gaol, and put them in Close Confinement; If you send any
prisoners to said Gaol, you will send a proper Guard, provided it should
happen before any prisoners or Guards should be sent from this.
By order of Council,
THOMAS CHITTENDEN, Pres".
STATE OF VERMONT. IN COUNCIL OF SAFETY, 29th Augt. 1777.
To Mr. Benjamin Fassett:
Sir-You are hereby directed to Repair to Pownal & bring from
some of the Tories that are gone to the Enemy, or otherwise proved
themselves to be Enemies to their_Country, a Load of Saus [sauce] for
the use of the Hundred prisoners Here, and make returns to this Coun-
cil of what you bring and from whom. You will Leave Sufficient for their
families.
Per Order,
THOMAS CHITTENDEN, Pres't.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 29th August, 1777.
Whereas his honor Major Gen¹. B. Lincoln has Requested this Coun-
cil to Raise a part of the Militia of this State to Serve in Continental
Service agreeable to the Resolution of the Honble Continental Congress
of the United States, In obedience to which this Council have heretofore
Resolved that three hundred & twenty-five men of the Militia of this
State should be Raised for the defence of this and the United States of
America, and whereas the price of all kinds of Provisions & Clothing
are Raised to Exorbitant Prices,
Resolved therefore that fifty shillings pr Month be paid to Each per-
son that shall Serve agreeable to the aforesaid Resolution in Addition to
their Continental pay.
By order of Council,
IRA ALLEN, Sec'y.
'Capt. CLAY was a leading supporter of the authority of New York
in Cumberland county, but not a tory. He was arrested because of
his zeal for New York, and discharged after a rebuke by Chittenden.-
See p. 137.
Council of Safety—Aug. 15, 1777, to March 12, 1778. 153
STATE OF VERMONT. IN COUNCIL OF SAFETY, 29 August 1777.
The following Contains a List of the Tories of this State, and the sev-
eral Crimes with which they Stand Charged, (viz.)
Benjamin Eastman,
Phinehas Hurd,¹
James Reynolds,
Ephraim Mallory,
John Davoe,
Solomon Millington,
Bartholomew Wennicks,
George Tibbetts,
Paul Gardiner,
Joseph Haviland,
By their own Confession are found guilty
of assisting the Enemy in disarming the In-
habitants of Sandgate within this State.
Acknowledge they Voluntarily joined the
Enemy, and were Taken in action the 16th
instant.
Taken in action the 16 instant & by his
own Confession fired his Piece three times
on Gen Starks Brigade.
Voluntarily applied to Mr. Skeene,² took
his protection, procured a quantity of ammu-
nition, Promised a number of Cattle, carria-
ges, &c. Taken by Col. Warners [men] on
his return endeavouring to carry his pro-
Ljects into Execution.
¹A wealthy citizen of Arlington, who was proscribed in the act of Feb.
26, 1779. In Vt. Hist. Mag., vol. 1, p. 129, it is said he was abducted,
and was never heard of afterward, one supposition being that he was
burnt in a prison-ship near New York. His family, it is said, was fre-
quently abused by the Whigs, and his property was confiscated by the
state and offered for sale, but nobody would buy it. The General As-
sembly in 1778 gave the use of the farm to Mrs. Hurd.
2 Col. PHILIP SKENE, grandson of John Skene of Halyards in Fife-
shire, Scotland. He entered the British army in 1739 and was in active
service in Europe until 1756, when he came to America. He became
captain in the 27th regiment in 1757; was wounded at the attack on
Ticonderoga in July 1758, appointed major of brigade in 1759, in October
of that year commanded at Crown Point, and at that time projected the
settlements at Wood Creek and South Bay now known as Whitehall. In
1762 he was in the expedition against Martinico and Havana and was one
of the first to enter the breach at the storming of the Moro Castle. He
returned to New York in 1763, and in 1765 obtained a patent for the
township of Skenesboro [Whitehall.] fixing his residence there in 1770.
He contemplated a much larger jurisdiction from the crown, embracing
territory on both sides of Lake Champlain, but was foiled by the revolu-
tion. In June 1775 he was arrested at Philadelphia as a loyalist and was
held as a prisoner until he was exchanged in October 1776. In 1777 he
joined Burgoyne's army as commander of a loyal American regiment,
accompanied Baum in his attack on Bennington, and was again taken
prisoner at Saratoga. In 1779 he was attainted and his property was
confiscated by New York. He then returned to England, where he
12
154 Council of Safety-Aug. 15, 1777, to March 12, 1778.
Ebenezer Washburn,
Edward Bump,
Abraham Lake,
Watts Hubbert, [jr.]
[Hubbard, of Windsor,] S
Confess they were Conversant with the En-
emy, have taken Protection, & voluntarily
assisted with Teams, provisions, &c.
Found to be in the aforesaid action &
supposed to be in Arms.
The Evidence against him enclosed.
The above are the whole which the Council have in Custody except
some few who have been Brought so late the evidence have not as yet
arrived.
I am Dear General your most Obedient Humble servant,
THOMAS CHITTENDEN, Pres't.
To the Hon. Major General Lincoln.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 30th August 1777.
Francis Mattison & David Mattison [of Clarendon] are Permitted
the Liberty of this Town [Bennington] until further orders from this
Council.
Gave an order on Colonel Brush com'y for 2 days Provision for Isaac
Ives & Samuel Barto.
By order of Council,
IRA ALLEN, Sec'y.
Phinehas Chase of Munro Pattent & Archibald McVicker of Little
White Creek are permitted to return to their Several Habitations until fur-
ther orders, They behaving as Becometh.
By order of Council,
IRA ALLEN, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 2ª September 1777.
To Lieutenant Ebenezer Hyde :
Sir, You are hereby required to Examine the Goods deposited in the
cart now in the care of Seth Kealer and Report the Several Articles Par-
ticularly which are not wearing apparel, for which this shall be your
Sufficient Warrant. You will make Returns as soon as may be.
By order of Council,
IRA ALLEN, Secy.
Francis Mattison and David Mattison are permitted to Return to
Clarendon, &c. By order of Council,
IRA ALLEN, Sec'y.
State of VERMONT. IN COUNCIL OF SAFETY, 3ª September 1777.
Captain Elijah More of Putney and Capt. Leonard Spauldin,' are ap-
pointed Commissioners of Sequestration, &c.
died, Oct. 9, 1810, near Stoke Goldington, Bucks.-See Drake's Dic-
tionary of American Biography; and Ira Allen's History of Vermont, in
Vt. Hist. Soc. Coll., vol. t.
¹ Lieut. LEONARD SPAULDING is first named as a resident of Putney
in 1768. From the outset of the controversies he was widely known as
an outspeaking and sturdy enemy of loyalists and Yorkers, and as such he
was a favorite with the whigs and Green Mountain Boys. Thus, in 1771,
when a judgment had been recovered against him in a York court and
the officer had seized a portion of his property, a large party crossed
Council of Safety-Aug. 15, 1777, to March 12, 1778. 155
Francis Breakenridge is permitted to Return home, & Remain on
his father's home farm, and if found off to expect 39 Lashes of the Beach
Seal, until further orders from this Council.
Thomas Green is permitted to Return home, on the Recommendation
of Maj. Younglove, until further orders.
STATE OF VERMONT. IN COUNCIL, 3d September 1777.
To Thadeus Harris of Bennington :
Sir,-You are directed to deliver all the Cattle in you Care or in Mr.
Breakenridges Inclosures, that you know or have reason to believe be-
Connecticut River from New Hampshire into Putney, broke open the
enclosure, and rescued the property. In 1774 he had become a citizen of
Dummerston, and there he was so free in the expression of his whig sen-
timents as to earn special attention from the royal authorities. He was
arrested and imprisoned eleven days for treason, one account being that
"Mr. Spaulding's pretended Crime was, that he threw out some words
unfavourable to the British tyrant relating to the Quebec bill by which
he is made Pope of that government." Another was, that “One man
they put into close prison for high treason, and all they proved against
him was that he said if the king had signed the Quebec bill, it was his
opinion that he had broke his coronation-oath. But the good people went
and opened the prison-door and let him go, and did no violence to any
man's person or property.' This in no measure dampened the patriotic
zeal of Mr. Spaulding, who in 1775 was conspicous among those who re-
sented the Westminster massacre by arresting the royal officers. Again
his zeal broke out in 1776, when, at the head of a military force, he held
in duress judge and colonel Samuel Wells, a wealthy citizen of Brattle-
boro and a leader among the Yorkers and loyalists. For this irregularity
he was arraigned by the Cumberland County Committee on the 25th of
July, 1776, and it was resolved "that Lieutenant Spaulding make suitable
Confession to the Committee for his Conduct in Taking Colo. Wells by
military force, that mode of proceeding Being Contrary, to the minds of
this Committee, and also a Violation of a Certain Resolve formerly
passed by this Committee." Whereupon
Whereupon "Mr. Spaulding Comply'd
with the above Vote by making his proper Confession, &c." When in
1781 the Vermont government, by way of conciliation, had appointed
two well known Yorkers to office-men who were officials under New
York at the time of the Westminster massacre-Mr. Spaulding united
with others in sending an indignant remonstrance to the Governor and
Council, which effected a delay in the issuing of the commissions, though
finally the gentlemen thus complained of became valuable and acceptable
officers. Lieut. Spaulding was a delegate in all the Conventions begin-
ning with that of Sept. 25, 1776, and representative of Dummerston in
the General Assembly of March, 1778, and for the years 1781, '84, '86,
and '87.-See Eastern Vermont; Slade's State Papers; and Deming's
Catalogue, 1778 to 1851.
156 Council of Safety-Aug. 15, 1777, to March 12, 1778.
longs to the State of New York, to Major Younglove, as he is one of the
Commissioners of Sequestration for said State.
By order of Council,
IRA ALLEN, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 3ª September 1777.
Then personally appeared David Smith & acknowledged himself
bound in a recognizance of one hundred pounds to the Secretary of the
Council of the State of Vermont, That Captain Michael Lantman shall
appear before the General Committee of Albany within six days to an-
swer any Complaint that may be exhibited against him.
Richard Bovey and Garritt Bovey are permitted to Return to their
farms, there to remain until further orders from Albany.
John Bass of Colo. Hale's Regiment who has been taken & retaken,
is permitted to pass to his Regiment.
Resolved that Captain Benjamin Wait¹ be and he is hereby appointed
Major in Lieutenant Col. Samuel Herrick's Regiment of Rangers.
Pr order of Council,
IRA ALLEN, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 4th September 1777.
To the officer Commanding the Gnards at Capt. Dewey's Barn:
Sir,-You are hereby required to Remove all the prisoners to the
School House & see that there is a proper Guard over them except
¹ BENJAMIN WAIT, though not ranked among the few persons who
are recognized as leaders of the people and founders of the state, has
left a record which is very remarkable for the many military and civil
services recorded, and the graces that prove and adorn a Christian
character.
He was born in Sudbury, Mass., Feb. 13, 1737, and at the age of eigh-
teen entered military service under the British General Amherst. In
1756 he was captured by the French, taken to Quebec, and from thence
to France, where he was retaken by the English and carried to England.
In 1757 he returned to America, and assisted in 1758 in the capture of
Louisburgh, and in the reduction of Canada in the two succeeding years.
On the submission of Canada he was sent from Detroit to bring in the
French garrisons in Illinois, and performed the service successfully in a
winter's march which lasted from December until the succeeding March.
At twenty-five years of age he had been engaged in forty battles and
skirmishes, and had his clothing perforated many times, but received no
wound.
In 1767 he settled in Windsor, his family being the third. In 1769 he
was employed by Benjamin Whiting of Newbury, (one of the Deputy-
Surveyor Generals of New York,) to arrest depredators upon the king's
timber. In 1770 he identified himself decidedly with the Green Moun-
tain Boys in their opposition to New York. Feb. 7, 1775, he was the
sole delegate from Windsor in the whig convention of the county of
Cumberland. Though an avowed opponent of New York in the pend-
ing controversy about jurisdiction and land titles, he united, in June
1775, with Maj. Wm. Williams and Maj. Joab Hoisington, in a letter to
Council of Safety-Aug. 15, 1777, to March 12, 1778. 157
those that are wounded. If there is sufficient Room in the Meeting House
for them you are to put them there in Lieu of the School House.
By order of the Council,
IRA ALLEN, Sec'y.
Resolved that Lieutenant John Barnes be & he is hereby appointed
Lieutenant in Captain Richard Wait's Company of Rangers in Lt. Colo.
Samuel Herrick's Regiment.
the New York authorities, which is characteristic both of their patriot-
ism and stern Puritanic religious principles, in that in it they urged the
raising of a regiment "of good, active, enterprising soldiers," in order
“to keep under proper subjection regulars, Roman Catholicks, and the
savages at the northward,” and to defend their own rights and privileges
"against ministerial tyranny and oppression." August 14 of the same
year he signed a list of the officers of the upper regiment of militia in
Cumberland county as "Beniamin Wait, Major." Oct. 10, 1776, he was
commissioned by New York as captain in Maj. Hoisington's battalion
of rangers. Sept. 3, 1777, he was appointed major, by Vermont, in Her-
rick's regiment of rangers, and he commanded that part of it (perhaps
consisting mainly of Ebenezer Allen's company,) which in connection
with Col. John Brown swept the British from the north end of Lake
George, and consequently from Ticonderoga. He was complimented by
the Council of Safety for his "spirited conduct" on this occasion, and in
November succeeding was ordered to take possession of Mount Inde-
pendence. Feb. 10, 1778, he was authorized by the Council to co-ope-
rate with Col. Herrick in raising three hundred men for an intended expe-
dition to Canada under Gen. Lafayette, and of this force he was ap-
pointed major.
October 23, 1779, he was appointed sheriff of Windsor county, which
office he held for seven years, with the exception of a brief period
when he resigned the office for other service; and on the 27th of the
same month the General Assembly resolved that North and South Hero
in Grand Isle county should be granted to him and company, which
grant was voted by the Governor and Council Nov. 11, 1779. In Oct.
1783, having been made colonel, he commanded the force detailed to
maintain the authority of Vermont in the southern part of Windham
county; and in the same month, with Stephen Jacobs, then state's attor-
ney, he by his firmness and good advice quelled an attempted insurrec-
tion in Windsor county. In this affair Wait and Jacobs were both
wounded, the former being confined twenty-six days by his wound, which
was in the head. When "the piping times of peace" had come, the
manifold services of Mr. Wait were complimented by the General As-
sembly in elections to the offices of brigadier general, and finally major
general of militia, the last being the highest military title that could be
conferred.
The township of Waitsfield was chartered to Roger Enos, Benjamin
Wait, and others, Feb. 25, 1782, and Gen. Wait was the first settler in
158
Council of Safety-Aug. 15, 1777, to March 12, 1778.
Captain Joseph Ingley has a permit to Take a Bay mare Taken from
Capt. Hurd's Son & use during the pleasure of Council.
Samuel Barto is permitted to Return to his place of abode in Dorset
& there to Remain until further orders from this Council.
By order of Council,
IRA ALLEN, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY,}
To all whom it may concern:
September
You are required to deliver unto Capt. [Peleg] Sunderland the bearer
such Arms and other Accoutrements as you have taken from the field
of Battle in Hubbardton, and on the receipt of your accounts you will
be reasonably paid for your trouble.
By order of Council,
IRA ALLEN, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 4th September 1777.
This Council having heard the evidence against Arthur Bostwick'
heard his Evidence, and considered the case with all the attending cir-
cumstances, do judge and order that the said Bostwick pay a fine for the
use of this State of Three pounds and stand Committed until this Judg-
ment be complied with.
By order of Council,
THOMAS CHITTENDEN, Prest.
Thomas Bull has given his word for the above sum, to be forthwith
paid.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 4th September 1777.
This Council having before them
, who stands
charged with being an Enemy to the United States of America, having
heard the Witnesses and considered them with all the attending circum-
1789. He was also the first representative, chosen in 1795, and was re-
elected in 1796, 7, 8 and 9, and 1801 and '2. He was truly "the
father of the town," which became the last and best fruits of his life, in
the intelligence, piety, and thrift of its people. It is one of a number of
almost purely agricultural towns, perched on the hills like Peacham and
Randolph, or nestled in the deep valleys of Vermont, which have been
famous not only for the general excellence of their people, but for the
many strong and useful men they have sent out to bless other communi-
ties with like good fruits. Gen. Wait died in 1822, aged 86 years.—See
Zadoc Thompson's Vermont Gazetteer, first edition, 1824; B. H. Hall's
Eastern Vermont; and Deming's Catalogue, 1778 to 1851.
¹Two pages of the record are missing, and the proceedings (being of
Sept. 4,) are supplied from Slade's State Papers, p. 204. Mr. S. undoubt-
edly copied them before the record had been mutilated.
2 Name omitted in Slade. The permit to Arthur Bostwick, granted on
the next day, indicates that he was the man.
› Blank in Slade. Probably Samuel Rose of Manchester was the per-
son, as the Council, five days after this date, resolved to confiscate his
estate. Rose was proscribed by the act of Feb. 26, 1779,
Council of Safety-Aug. 15, 1777, to March 12, 1778. 159
stances, do judge that the said
is an Enemy to the
said States and a dangerous person to go at large, Therefore order that
he be committed to Close Confinement until Released by order of this
Council. By order of Council, THOMAS CHITTENDEN, Prest.
State of VeRMONT. IN COUNCIL OF SAFETY, 4th September, 1777.
Resolved that Gen. Jacob Bailey, Dr. Jonas Fay, and Capt. Ira Allen
be a Committee to wait on the Honble Major General Lincoln to assure
him that every Aid and Assistance in the power of this Council will be
Granted him on the earliest notice.
By order of Council,
IRA ALLEN, Sec'y.
Bennington, 5th September, 1777; Commissionated Major Benjamin
Wait.
IRA ALLEN, Secy.
Jonathan Smith is Permitted to pass to Litchfield in Connecticut &
Return in 15 days.
STATE OF VERMONT. IN COUNCIL OF SAFETY,
Bennington September 5th 1777.
Permit Arthur Bostwick to pass the Guards from this to Manchester,
and Remain on his farm during his Good Behaviour or the pleasure of
this Council.
THOMAS CHITTENDEN, Pres't.
Pr order,
Let him Take his oxen and cart.
To whom it may concern.
BENNINGTON 5 Septem 1777.
Dear General Agreeable to the proposals of Last Evening the Coun-
cil of Safety would Recommend to your honor Colonels Seth Warner &
Samuel Herrick,' as persons who from their knowledge of the Situation
¹SETH WARNER was born in Woodbury, (then Roxbury,) Conn..
May 17, 1743, came to Bennington to reside in January 1765, and in 1771
was elected, by a Convention, one of the "Captains of the Green Moun-
tain Boys," of whom Ethan Allen was the commander, whose special
duties were to protect the New Hampshire grantees and resist the at-
tacks of the New York authorities upon them. In this business Warner
was zealous and thorough, and yet his zeal was tempered by wisdom.
May 10, 1775, he commanded the party that captured the fort at Crown
Point. In July 1775 he was elected, by another Convention, lieutenant-
colonel commandant of the regiment of Green Mountain Boys to serve
in the continental army; early in 1776 he raised another regiment and
served very efficiently in Canada; and July 5, 1776, he was appointed
colonel by Congress, and raised still another regiment, which he com-
manded through the war. As the resolutions of Congress in respect to
this regiment have rarely if ever been printed in the histories of Ver-
mont, they are here given. June 25, 1776, Congress had resolved
That a colonel's commission be immediately issued to major Dubois,
with instructions forthwith to raise a regiment to serve for three years,
or during the war, and that the corps of officers be composed of such as have
served with credit in Canada; no officer to receive his commission until
his company be raised and armed; the arms of the people enlisting
160 Council of Safety-Aug. 15, 1777, to March 12, 1778.
of the Country to the Northward of this, & their particular acquaintance
with a number of persons under their Command, who have for a Number
of years Inhabited contiguous to the several post which the Enemy at
themselves, to be valued by the committees of the counties, where the
companies are raised, and paid for by the continent, on their being mus-
tered.
This was followed, July 5, 1776, by the following:
Resolved, That a regiment be raised out of the officers who served in Can-
ada, on the same terms on which the regiment, to be commanded by
colonel Dubois, is to be raised; and that the following persons be ap-
pointed officers of the said regiment :
Seth Warner, colonel;
Samuel Safford, lieutenant colonel;
Elisha Painter, major ;
Wait Hopkins, John Grant, Gideon Brownson, Abiather Angel, Simeon
Smith, Joshua Stanton, [Abner] Seely, Jacob Vorsboroug, captains;
John Allen, Fusset, [John Fassett, jr.,] [ Ebenezer] Walbridge,
[William ] Deane, James Gold, Sill, Ebenezer Hide, Gamaliel
Painter, first lieutenants.
Ebenezer Beaumont, adjutant.-Journals of Congress 1776, vol. II, pp.
219, 234.
In every emergency of unusual difficulty, Warner was always relied
on as a safe man; and so it happened that he was assigned to bring
up the rear in the disastrous retreat from Canada in the spring of 1776,
and still again, in July of the same year, when he commanded the rear-
guard in St. Clair's retreat from Ticonderoga, and fought the bloody bat-
tle on the stubbornly contested field of Hubbardton. At Bennington,
only the remnant of his regiment saved at Hubbardton was present.
Warner himself was there in advance of them, and with Stark planned
the attack, and after the victory Stark in his official account said: "War-
ner's superior skill in the action was of great service to me."
Hon. D.
S. Boardman of Conn., who had often seen Warner, thus described him:
Col. Warner was of noble personal appearance; very tall, not less than
six feet two inches; large framed, but rather thin in flesh, and apparently
of great bodily strength. His features were regular, strongly marked,
and indicative of mental strength, a fixedness of purpose, and yet of
much benevolent good nature, and in all respects both commanding and
pleasing. His manners were simple, natural and in all respects entirely
free from any kind of affectation; social, at once both pleasing and dig-
nified; and when engaged in relating the events of his life, both military
and ordinary, he displayed no arrogance, but interwove in his narrative
a notice of such incidents as showed love of adventure, and at the same
time his love of fun.
In the summer of 1784 Warner's health failed, and he returned to his
native town and died there in December of that year, in the forty-second
year of his age. See ante, pp. 6-10; also H. Hall's Early History; and
Daniel Chipman's Memoir of Col. Seth Warner.
SAMUEL HERRICK came to Bennington about the year 1768, but left
the town and the state soon after the close of the revolutionary war, re-
Council of Safety-Aug. 15, 1777, to March 12, 1778. 161
present occupy-That on application to either of them at any time they
would be ready to furnish your honor with such men or numbers of In-
teligible [intelligent] men to Report the particular Situation of the Ene-
my at every particular post as might be confided in.
I am Dr. General, by order of Council,
Your most Obedient
Humble Servant,
Major General B. Lincoln.
To Mr. David Fasset,-
THOMAS CHITTENDEN, Prest.
IN COUNCIL OF SAFETY, 6th September 1777.
Sir,-Agreeable to Gen. Lincoln's Request to this Council you are di-
rected to engage five Teams to Carry Flour to Manchester this day.
By order of Council,
IRA ALLEN, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, September 6 1777.
To Capt. William Fitch:
Sir,-You are hereby directed to deliver to Captain Goodenough the
bearer Two sides of Leather out of Marshes Fratts [vats} & out of his
Leather, Taking his Receipt for the same after appraised.
By order of Council,
IRA ALLEN, Sec'y.
Mr. John Waldo one of the committee of St. Coik is permitted To
Take John Sessions' to the Committee there.
Resolved that Mr. Joseph Fay, be & is Hereby appointed Secretary
to this Council.
Attest,
IRA ALLEN, Sec'y.
moving to Springfield, Montgomery County, New York, and nothing is
known of his previous or subsequent life. His record in Vermont was
highly honorable. In May 1775 Warner and Herrick were the two Ben-
nington captains who joined the expedition for the capture of the forts
at Ticonderoga and Crown Point. On the evacuation of Ticonderoga
in July 1777 Herrick was appointed colonel of Vermont rangers, and in
Angust he led the attack on the rear of Baum's right in the battle of
Bennington. Gordon, in his history, acknowledged "the superior mili-
itary skill" of Warner and Herrick. In September of the same year
Herrick's regiment with Col. Brown's troops gained the command of
Lake George, dispossessed the enemy of Mounts Independence, Defi-
ance, and Hope, and forced their retreat from Ticonderoga. Subse-
quently Herrick was colonel of the southwestern regiment of Vermont
militia. See H. Hall's Early History.
Probably this was not Deacon John Sessions of Westminster, several
times delegate in the N. Y. Assembly, and afterward representative of
Westminster in the General Assembly of Vermont.
162 Council of Safety-Aug. 15, 1777, to March 12, 1778.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 6 September 1777.
This Council have no objection to Jesse Fields assisting Commissary
Brush until General Lincoln's pleasure shall be known concerning the
same.
By order of Council,
IRA ALLEN, Sec'y.
To Lieut. Colº. Herrick.
STATE OF VERMONT, Bennington September 6 1777.
This may Certify to all whom it may Concern that Brigadier General
Stark has this day made a present of one Hessian Broad Sword to the
Honorable Council of the State of Vermont, in order to be kept in said
Council Chamber as a Memorial in Commemoration of the Glorious ac-
tion fought at Walloomsack August 16 1777 in which case the Exertions
of the said Council was found to be Exceedingly Serviceable.
By the Donor's order,
JOHN CASEY, A. D. Camp.
Copy. Attest,
IRA ALLEN, Sec'y.
STATE OF VERMONT. IN COUNCIL, 6 September 1777.
The following Contains a List of Persons belonging to the state of N.
York Confined on Suspicion of being Enemies to the United States of
America, viz.
Thomas Collins,
Reuben Green,
Jesse Brown & }
William Moffit.
The above are the whole which the Council have in Custody.
I am Gentlemen your most Obedient Humble Servant,
THOMAS CHITTENDEN, Pres't.
[To] the General Committee at Albany.
The following Contains a List of the Tories belonging to this State,
& the Several Crimes with which they Stand charged, vizt.
Samuel Rose,¹
Beriah Chelson,
(Has joined a Tory Scout under Armes and
assisted them in Taking and keeping a pris-
oner, and by his own confession Given hard
money to several young men to induce and
Enable them to join sa Scout & go to the
British Troops.
Went Voluntarily under Armes to the En-
emies Camp, and was Taken on the 16 day of
Aug. in the memorable Battle fought near
this place. The reason of Chelson's being Sent
in Irons is, he has once Broke from the
Guards and Got some Miles before Retaken.
This Council wish those persons to be Sent on Board the Guard Ships
in the North River, or otherwise Dealt with as your honor in your Great
Wisdom shall think proper.
I am Dr Gen. your most Obedient Humble Servant,
The Hon'bl. Major General Gates.
THOMAS CHITTENDEN, Pres't.
¹Of Manchester, proscribed by the act of Feb. 26, 1779, and his prop-
erty confiscated.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 163
Peter Payne being arained for Enemical Conduct towards the United
States of America, this Council having heard the Evidence against the
said Payne & his Arguments, & having duly deliberated on the same, do
Judge & order that the said Peter Payne pay as a fine for the use of
this State Twenty pounds, & Stand Committed until Judgment is com-
plied with. Sept. 11, Judgt. is complied with & he has Taken the Oath
of Allegiance & is acquitted.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 6th Sept. 1777.
Bennit Bardsley,¹
Isaac Ives,*
Nathan Canfield,³
Zadock Hard,*
Andrew Hawley,*
Caleb Daton,*
Is proved an Enemy to the United States
of America by words & actions & is Judged
a Dangerous person to go at Large.
Has taken Proteciion under Genl. Bur-
goine, and been very officious in assisting
Him, by his own Confession been to the Reg-
ulars & Drove Cattle.
Proved to have been Aiding and assisting
to the British Troops, and dangerous persons
to go at Large.
This Council having heard the Witnesses with all the Attending Cir-
cumstances of the Several persons above named, do judge & order that
sd persons be Committed to Close Confinement in the Common Gaol at
Westminster until Released by proper authority.
By order of Council,
THOMAS CHITTENDEN, Pres't.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 6 Septr. 1777.
The Council's Compliments most Cordially wait on his Honor Briga-
dier General Stark, with their sincere thanks for the Honor the General
has been pleased to do them, by presenting them with a Hessian Broad
Sword Taken by a number of Troops from the State of New Hampshire
& Elsewhere under his Immediate Command, in the Memorable Battle
fought in Walloomsac near this place on the 16 day of August last, And
also for the Honor the General has been pleased to do them in applaud-
ing their Exertions in a public Weal as a Council.
Brig. Gen. Stark.
Pr
JOSEPH FAY, Sec'y.
¹ Tried, convicted, satisfied the judgment, and was discharged.
* Isaac Ives of Wallingford was proscribed by the act of Feb. 26, 1779.
Nathan Canfield was a prominent man in Arlington. As a tory he
was ordered to be confined in jail at Litchfield, Conn., but he was per-
mitted to remain at his home on his friends giving bonds that he would
report to the Council at any time. Notwithstanding his tory politics,
he was on excellent terms with Ethan Allen, Warner, Baker, and other
whigs. Mr. Canfield represented Arlington in the General Assembly
of 1786.—See Vt. Hist. Mag., vol. 1, p. 134.
4 These were all tried, convicted, and fined. The record shows that
Hard and Hawley satisfied the judgments, and it is presumed that Daton
did also.
164 Council of Safety-Aug. 15, 1777, to March 12, 1778.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 8 Septr. 1777.
To the officer of the Guard at the School House:-Permit Mr. David
Fassett to Take out of the Guard House Zadock Hard & Andrew Haw-
ley; he is to return them in three days.
By order of Council,
THOMAS CHITTENDEN, Pres't.
BENNINGTON 8 September 1777.
Dear General-In the absence of Doct" Fay Recd your favour of the 7th
Instant, in which your honor informs that you have been so kind as to
supply our Troops with some necessaries out of the Massachusetts stores,
for which this Council return you their sincere thanks, & have to assure
you that if the Like quantity of stores are to be had, shall replace them
again, otherwise Pay an Equivalent in cash to their full satisfaction.
I am sir Your most Obedient Humble Servant,
Major Gen. Lincoln.
To Nathaniel Fisk¹ & Phil. Griffen:
THOMAS CHITTENDEN, Pres't.
Notwithstanding your ungratefulness to your Country & notwith-
standing you have by your conduct forfeited the confidence of your
countrymen, yet nevertheless on the application of Mr. Edward Veil in
your behalf, this Council are Induced out of Humanity to accept you
again into friendship on your Voluntary Surrender & Taking the oath of
fidelity to the United States of America forthwith, And dispensing with
the loss you have already sustained to atone for your past folly.
By order of Council,
THOMAS CHITTENDEN, Pres".
Whereas Complaint has been made to this Council against you for dis-
posing of cattle & horses belonging to this State, you are therefore
hereby summoned to appear before this Council to answer the Complaint
Immediately.
By Order,
To Wm. Searls, Jr., of Arlington.²
THOMAS CHITTENDEN, Pres'.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 8 Sept'r 1777.
To Captain Jonathan W. Fassett:
Sir,-You are hereby Authorized to procure or Impress Ten Teams
immediately for the use of forwarding provisions to the Army.
By order,
THOMAS CHITTENDEN, Pres't.
STATE OF VERMONT. IN COUNCIL, 8 September 1777.
To Captain Ebenezer Allen:
Sir,-This day reed yours of the 6th Instant dated at Manchester
Requesting this Council to furnish you with Shoes. We have taken the
¹Fisk voluntarily appeared and took the oath of fidelity to the United
States, in compliance with this "manifest" of the Council.
*Sept. 10, 1777, he was also required to pay for a yoke of oxen. It is
presumed these orders were complied with, as Mr. Searls seems to have
appealed to the Council afterward for an order to aid him in a dispute
with Andrew Hawley.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 165
same into Consideration, & do hereby Recommend to you to Take some
Leather out of Marshes Tan yard at Shaftsbury and make Mogasons to
answer the present purpose until Shoes can be procured. You are to
make application to Captain Fitch or the person who has the care of the
yard. The Leather is to be appraised and Returns made to this Board.
By order,
THOS. CHITTENDEN, Pres".
The following is a Copy of a Complaint Reed from Lt. Isaac Clark,—
BENNINGTON, 8 September 1777.
To the Council of Safety,—I the Subscriber Complain of David Rem-
ington of Castleton for going to the Ministerial Army and Serving as
Conductor of Teams in the King's Service as doth appear by his writings.'
ISAAC CLARK, L.
State of VERMONT. IN COUNCIL OF SAFETY, 8 Sept™ 1777.
To the Officer of the Main Guard:
Sir,-You are hereby required to take the body of David Remington
& him safely keep in the Guard House until further orders from this
Council; you are also to Continue him in Irons.
:
By order,
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL, 9th September 1777.
Permit Samuel Burton to Take his oxen & keep them until further or-
ders.
pr order,
THOMAS CHITTENDEN, Pres't.
To the person who has them in Keeping.
Charles Brewster is appointed one of the Commissioners of Sequesta-
tion for this State.
Resolved that the Estate of Samuel Rose of Manchester be Confiscated
to the use of this State for his Enimical Conduct towards the United
States of America. [He was proscribed by the act of Feb. 26, 1779.]
STATE OF VERMONT. IN COUNCIL OF SAFETY, 9 Sept'r 1777.
Resolved that Nathan Canfield be Committed to Close Confinement in
the Common Goal in Litchfield in Lieu of Westminster Goal.
Permit Mess. Lemuel Canfield and Jabez Worster to pass to Arlington
& move to this place Nathan Canfields Family [and] Moveable effects &
Lease out his farm.
By order of Council,
To all to whom it may Concern.
THOS. CHITTENDEN, Pres".
STATE OF VERMONT. IN COUNCIL, 10th September 1777.
Whereas Wm. Searls Jur has disposed of one yoke of oxen, which is
the property of William Beedle of Manchester who has been apprehend-
'Remington's property was confiscated, and he was banished by the
Council. In Oct. 1778 the Governor and Council issued an order per-
mitting him to live in Cumberland County.
166 Cnuncil of Safety-Aug. 15, 1777, to March 12, 1778.
ed as an Enemy to the United States, Resolved therefore that sa Searls
be & is hereby directed immediately to pay into the Treasury of this
State Seventy four Dollars, which was the sum he Reed for said oxen.
Execution Issued on the above Judg't to Eb'r Wallis.
By Order,
Jos. FAY, Sec'y.
Memorandum.-Captain Tapan Noble has a Cart in his custody which
belongs to this State, which he promises to return.
Joseph Donkle has returned a Gun and Cartouch Box he rec'd some
time ago of the Council; his Rect was mislaid & not given up.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 11th Sept'r 1777.
To Peter Harwood:
You are directed to Receive the Sick person in David Fassetts Care
into your House & Keep until further orders.
By order of Council,
THOS. CHITTENDEN, Pres”.
pass to Pownal, and Return to
pr Order,
Permit the bearer Francis Burnes to
this place at the end of six days.
THO'S CHITTENDEN, Pres".
Nathan Canfield is permitted to go to Arlington to see his wife as she
is sick, & Return again in 36 hours.
STATE OF VERMONT. IN COUNCIL, 12th September 1777.
To Fregift Cole:
Sir,-You are hereby required to Deliver to Lieut Isaac Clark five
sides of Leather out of the Leather belonging to Marsh & Take his
Rect for the Same.
By Order,
JOSEPH FAY, Sec'y.
Whereas sundry persons in this State have been so lost to a sense of
the duty they owe to the Supreme Arbiter of Rights & their country,
friends and Relations as to join the Tyrant of Great Britain, together
with his foreign Mercenary Troops & Cruel Savages in Armes, & have
been flagrantly Guilty of sheding the Blood of their Innocent Neighbors
and friends,-And whereas several Women wives to those Merciless &
unprovoked Murderers have aided & assisted in Bringing about Such
their designs by harbouring, secreting, feeding & Giving private Intel-
ligence to such Immesaries of Great Britain & by Riding post Carrying
Intelligence to the Enemies Camp and Scouts, are found to be dangerous
persons to Society and instruments of Great Mischief to this & the
United States of America,
Resolved therefore that all such persons as have joined or may here-
after join the British Troops (& left or may hereafter leave) their wives
and families within this State, Have their wives and families sent to
General John Burgoins Head Quarters, or some other Branch of the
Ministerial Army, as soon as may be.
By Order of Council,
JOSEPH FAY, Sec'y.
Resolved that Comfort Curtis be permitted to go to his Brothers in
White Crick & there to Remain until further orders from this Council,
upon giving sufficient Bail.
By order of Council,
JOSEPH FAY, Sec'y.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 167
STATE OF VERMONT. IN COUNCIL OF SAFETY 12 Sept'r 1777.
Then voluntarily appeared before this Council Henry Bullis, and ac-
knowledgeth himself Guilty of Taking his arms, & joining the Infa-
mous Samuel Adamss Company, & going with them to the British
Army, praying this Council to Take him under their protection & deal
with him according to their judgment & discretion, this Council hav-
ing Taken the same under their Consideration, do judge that on his dis-
pensing with the loss of what he has already sustained & voluntarily
Taking the oath of Fidility to the United States of America he be dis-
missed.
JOSEPH FAY, Sec'y.
By order of Council,
Permit Henry Bullis to pass from this to his farm in Manchester there
to remain unmolested, he behaving as becometh a friend to his Country,
as he has Taken the oath of Alegiance to the States of America.
JOSEPH FAY, Secy.
By order,
To whom it may concern.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 12th Sept'r 1777.
Then personally appeared John Curtis and acknowledges himself
Bound to the Treasurer of this State in a Recognisance of Two hundred
pounds that Comfort Curtis' shall be ready at his house to answer the
Call of this Council at any Time.
By order,
THOS CHITTENDEN, Pres't.
Permit Comfort Curtis to pass from this to his brother John Curtiss in
White Creek, he behaving as becometh a friend to his Country, there to
remain until further orders from this Council.
By order,
To whom it may concern:
JOSEPH FAY, Sec'y.
Nehemiah French having voluntarily appeared before this Council
and acknowledged himself Guilty of Taking up arms & joining the In-
famous Samuel Adamss Company" and joining the British Army, pray-
'Comfort Curtis of Clarendon was proscribed by the act of Feb. 26,
1779. Subsequent votes indicate that the property of John Curtis in
Vermont was confiscated, and Comfort Curtis was sent out of the State
with his family.
2 Doctor SAMUEL ADAMS settled in Arlington in 1764, coming from
Newton, Conn. He held his land by a New Hampshire title, and acted
officially under New Hampshire in Nov. 1773. He dissented, however,
in 1774 from the policy of the Conventions of the Green Mountain Boys,
and, at a time when many of those holding New York grants were in-
clined to quiet their possessions by covering them with New Hampshire
titles, he advised the contrary course, urging the N. H. grantees to pur-
chase New York titles. This was very offensive to the opponents of
New York, and they advised him at least to be silent. He resented this,
armed himself, and threatened to silence any man who interfered with
him. For this he was arrested, tried, convicted as an enemy, and pun-
ished by being hoisted up the catamount sign-post, and suspended there
for two hours, to his own chagrin and much merriment of the beholders.
Ira Allen said "this mild and exemplary disgrace had a salutary effect
168 Council of Safety-Aug. 15, 1777, to March 12, 1778.
ing this Council to Take him under their protection and deal with him
according to their Judgment & discretion.` This Council having Taken
his case under their consideration, do judge and order that the_said
Nehemh French pay as a fine the Sum of Twenty pounds & stand Com-
mitted until this judgment is Complied with and the said French volun-
tarily take the oath of fidelity to the United States of America, then to
be discharged.
The above judg't is satisfied in cost.
By order of Council,
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL, 12th September 1777.
This Council on Reconsideration vote and order that Nathan Canfield
pay 30 pounds L. [lawful] money as a fine for the use of this State and
be released from any further Confinement.
pr order,
JOSEPH FAY, Sec'y.
Resolved that Nathan Canfield be permitted the privilege of Letting
his Farm & effects in Arlington remain in the hand of Diliverance
Squire unmolested, as he has Satisfied this Council for his past Conduct,
& Taken the oath [of] Fidelity to the United States of America.
pr order,
THOS. CHITTENDEN, Pres't.
Resolved that Nathan Canfield be permitted to pass and Repass on his
Lawful business, his behaving as becometh a friend to the States of
America.
By order,
To whom it may concern.
THOS. CHITTENDEN, Pres'.
Permit David Irish to pass from this to his farm in Tinmouth, there
to remain unmolested until further orders from this Council, he behaving
himself as becometh a friend to the Liberties of America.
By order,
To whom it may concern.
JOSEPH FAY, Sec'y.
State of VERMONT. IN COUNCIL, 13th September 1777.
Permit David Irish to pass from this to his Farm in Danby, there to
remain unmolested until further orders from this Council, he behaving
as becometh a friend to his Country.
To whom it may concern.
Resolved to Adjourn this
By order,
JOSEPH FAY, Secy.
Council sitting until Tuesday next.
Pr Order,
JOSEPH FAY, Sec'y.
Then personally appeared Lemuel Canfield & Jabez Worster, & ac-
knowledge themselves bound to the Treasurer of this State & Recog-
on the doctor;" nevertheless in 1777 he became a violent tory, and
raised a company in Arlington, Manchester, and the neighborhood, to co-
operate with Burgoyne. In this he was active, and on one occasion killed
a whig townsman, when he fled to Canada. His property was confiscated
and his family sent within the enemy's lines in 1778. He was of course
proscribed by the act of Feb. 26, 1779.-See Vt. Hist. Mag., vol. 1, pp.
123, 126, 129; and I. Allen's History in Vt. Hist. Soc. Collections, vol 1,
p. 356.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 169
nized in the Sum of one thousand pounds L. Money that Nathan Can-
field shall be ready at the call of this Council at any time, as Witness
our hands.
Signed,
LEMUEL CANFIELD,
JABEZ WORSTER.
Recd of Nathan Canfield 1 pr Blacksmith's Bellows, one anvil, one vice
without a Screw, & one pr Tongs, which was the property of Samuel
Buck [of] Arlington, in behalf of the Council Recd.
Pr
JOSEPH Fay, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 15 September 1777.
Permit Nehemiah French to pass from this to his farm in Manches-
ter, there to remain unmolested, he behaving himself as becometh a
friend to the States of America, as he has Taken the oath of Allegiance
to the States.
Pr Order,
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 17th Septr. 1777.
Resolved, That [for] whatsoever of the Goods or Chattles that was
his property (vizt. David Castle) has been taken by our Scouts we make
him no Compensation but he to bear the loss, on the Council giving him
the said Castle a pass to return to his habitation and there to remain
under our protection, on his good Behaviour for the future.
Pr Order,
THOMAS CHITTENDEN, Prest.
This Council on Reconsideration vote & order that Bennet Bardsley
pay as a fine for the use of this State the sum of fifteen pounds Ľ.
money & be discharged from further confinement.
Pr Order,
THOS. CHITTENDEN, Pres't.
September 24 1777.—Then appeared Bennet Bardsley and paid fifteen
pounds Lawful money in satisfaction for the above_judgment of Council.
£15 0 0.
JOSEPH FAY, Sec'y.
BENNINGTON 17th September 1777.
Dear General,—We Have Recd. Certain Intelligence by two of our
Neighbours, who left the Enemy last Saturday, that they have Called in
all their outposts, at and South of the lake George, to join their main
body at Saratoga, Together with their artillery & provisions, so that
there is not Even a Guard Left. Also they see the Captain of the Bat-
towmen, who told them he was ordered to Distroy all the Boats that he
could not Handily git along down the River, by no means to Leave any
behind, & they judge by all the movements of the Enemy that they
are determined for Albany at all Events, which agrees with every Intel-
ligence from General Gates Army.
We have certain Intelligence by Gentlemen who left there last Eve-
ning, that General Burgoyne is on the move Towards Stilwater, & that
they have done Great Mischief in Burning the buildings at White
Creek, also have taken some prisoners & Cattle from Cambridge, which
alarms the Inhabitants to that Degree that they are removing their Fam-
ilies & Effects into the Country. We are apprehensive of Danger
from the Enemys small Scouts who are daily discovered between this &
the Enemys Lines, as there is no Guards kept between this & General
Gates Head Quarters. We hope your Honor will Take this Matter un-
13
170 Council of Safety-Aug. 15, 1777, to March 12, 1778.
der your Consideration, & Grant Such Relief as your Wisdom shall di-
rect.
We are Dear Sir your most obedient & very Humble Servants,
By order,
Hon' Maj. Geni Lincoln.
THOS. CHITTENDEN, Pres't.
Copy. Attest, JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL, 18 September 1777.
Samuel Stewart is permitted four days absence. then to return to this
place, as he has Taken the Oath of Alegiance to the United States.'
By order of Council,
JOSEPH FAY, Secy.
To whom it may concern.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 18th Septr 1777.
To Ebenezer Willoughby:
Sir-I read yours of yesterday's date, also recd verbal accounts from
your Father, am surprised at boath; first the account in your Letter
when you say that what you ever believed you now know to be true, viz.
that the protection of the States was the best, considering the Couversa-
tion I have lately had with you, & your conduct. Secondly that you
should think strange that we should Take care of your Interests, when
we had Certain Inteligence that you had joined our avowed Enemies
and was actually in their Service, & 3ay that you should [escape] when
you was taken, by our people on your Return, which Circumstance [his
return] would have been much in your favour even if they had brought
you in. You were much to blame in breaking away from the Guard.
However what provocation you had to conduct in that manner is yet un-
known to me. Yet notwithstanding as it appears by your Letter and
your Fathers request that you have a desire to be Reed into favour of
your Country, I am to inform you that if you see cause to come to this
Council you may depend on being used as well as you can reasonably ex-
pect when all the Circumstances of your case are known. Those per-
sons that Took you must be present when you come. If you think best
to come, it must be within two days from this date, & this shall be your
Sufficient warrant on the way.
pr order, I am, Sir, yours,
THOS. CHITTENDEN, Pres't.
BENNINGTON, 18 Sept. 1777.
Dear General,-This day recd your Orders to Forward the Militia, in
Consequence of which we have given orders for the Militia to be raised
immediately; also have forwarded copies to N. Hampshire requesting the
Militia to be forwarded with all Expedition: as also your Letter to the
County of Berkshire. Nothing in the Power of this Council will be
neglected to Prosecute your orders when Called upon.
I am, Dr General, your Most Obedient
Humble Servant,
By order of Council,
The Hon. Maj. Genl. Gates,
JOSEPH FAY, Sec'y.
Commanding the Northern Department.²
1 Stewart afterwards joined the army.
2 This was in answer to the following:
CAMP ON BEMUS' HEIGHTS, Sept. 17, 1777.
I have Rec'd Certain Intelligence that Gen¹ Burgoyne has Caused
Skeensborough, Fort Ann, Fort George, Fort Edward, and the Post he
Council of Safety-Aug. 15, 1777, to March 12, 1778. 171
BENNINGTON, 18th Septr. 1777.
Gentlemen,—I am ordered by this Council to Inclose a Copy of Genl.
Gates' Letter to you, by which you will see the necessity of forwarding
your Militia with Expedition. You will also forward Copies (to the
Eastward) of the General's Letters Requesting them to Come forward.
*
I am, Gentlemen, your
most Obedient Humb¹ Servt,
By order,
JOSEPH FAY, Sec'y.
Honble Committee of Charlestown, N. Hampshire. (Copy.)
BENNINGTON, 18 September, 1777.
Dr. Sir,—I am directed by the Council to Inclose you a Copy of a Let-
ter Just recd from General Gates, by [which] you will see the importance
of the Exertion of the Militia at this Critical Juncture for the Salvation
of this Post, if not the whole Country. Therefore it is Expected that
you will Exert yourself & come forward with all the Militia you Can
raise out of your Regiment without one moment's loss of Time. Gen-
eral Gates has sent to the State of Massachusetts, & ordered us to send
to N. Hampshire, which we have done, & to the upper Regiment in this
State.
I am, by order, your most obt Humble Servant,
THOMAS CHITTENDEN, President.
N. B.-I heard by Capt. Dewey that your People now with the Army
Are Like Sheep without a Shephard, & very unesy at your being Absent,
& thretten to come off with General Stark's men.
By order,
Col. William Williams.
Copy exam, JOSEPH FAY, Secy.
THOMAS CHITTENDEN.
BENNINGTON, 18 Sept. 1777.
Dr. Sir, I am ordered to inclose you a Copy of General Gates' Letter,
by which you will immediately March with the Militia under your Com-
mand to join him. You will also forward copies to Colo Marshe's regi-
ment.
I am, Sir, your Humble Servant,
By order,
Colo Peter Olcott.
Jo. FAY, Sec'y.
BENNINGTON, 18th Septr. 1777.
Dear General,-I am ordered by this Council to enclose a Copy of Gen-
eral Gates' letter to you, which agrees with ours of yesterday's date. We
Lately occupied to the Southward of Lake George and Skeensborough,
to be evacuated, and the artillery Stores and Provision to Be Brought to
his Army now at Van Veder's Mills, seven miles north of this Camp,
Except some heavy Cannon, which are carried to the five mile Island in
Lake George. From this it is Evident the Gen¹ Designs to Resque all
upon one Rash Stroke, it is therefore the Indispensible Duty of all con-
cerned to Exert themselves in Reinforcing this Army without one mo-
ment's Delay. The Militia from every Part should be ordered here with
all Possible Expedition. I am, Sr, your
most obedient hble Sevt,
HORATIO GATES.
To the Honorable the Chairman of the Committee at Bennington, to be for-
warded to the Committees to the Eastward thereof.
172 Council of Safety-Aug. 15, 1777, to March 12, 1778.
have also, agreeable to the General's orders, sent copies to the Eastward,
to forward the Militia of this State with all Expedition. You will please
consult General Bayley, & will Doubtless think Proper that he return
or send home to forward the Militia with all Expedition.
I am Dr Gen¹ your most
Hon. Maj. Gen' Lincoln.
Obedient Humble Servant,
JOSEPH FAY, Sec'y
N. B.
We have also sent Copies to New Hampshire that the Militia
of that State be forwarded with all Expedition.
By order,
JOSEPH FAY, Sec'y.
BENNINGTON, 18th Sept. 1777.
Dr. General,-We have this day received a Letter from your Honor,
Directed to the Commanding officer of the Troops on their way to join
the Northern Department, which we have forwarded by Express.
heartily wish you success, and am your most obedient
Humble Servant,
By order of Council,
Hon. Brigadier General Stark.
We
JOSEPH FAY, Sec'y.
State of VERMONT. IN Council of SaFETY, 19th, Septr. 1777.
To Captain William Fitch:
Sir, Whereas Mr. Timothy Mead has some days past made applica-
tion to this Council to Take Thirteen sheep out of the Tory flock in Ar-
lington in lieu of that number which he lost, This Council positively
orders that none be dilivered until further Evidence can be had.
I am Sir your Humbl. Servant,
By order of Council,
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 19th Septr. 1777.
Permit Garrit Williamson to Take a Red Rone horse that belongs to
himself or his son, Lately Taken by Lieut. Isaac Clark.
Pr Order,
THOMAS CHITTENDEN,
Pres't.
David Castle Jur. is permitted to pass from this to his home unmo-
lested as he has taken the oath of Fidility to the United States.
Pr. Order,
THOS. CHITTENDEN, Pres't.
David Castle jun". is permitted to remain at his Fathers house unmo-
lested until he is able, then to pass to this place.
pr order,
THOS. CHITTENDEN, Pres't.
Bennet Bardsley is permitted to pass to Manchester and return within
five days Except he should satisfy the Judgment of this Council within
that Time and Receive a Certificate from this Council.
Pr. Order,
THOS. CHITTENDEN, Pres't.
Elijah Benedict is permitted to pass & Repass unmolested as he has
taken the oath of Fidelity to the States of America.
By order,
THOS. CHITTENDEN, Prest.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 19 Septr. 1777.
The bearer Captain Ebenezer Willougby having passed examination
before this Council has Leave to return to his home at Arlington, to re-
turn the Arms belonging to Mr. Moore, or the Guard he set over him,
Council of Safety-Aug. 15, 1777, to March 12, 1778. 173
and Return to this Council within five days from this date on the parole
of honor, having first Notified Mr. Moore to attend on this Council with
him, or bring a line from said Moore to signify that all matters in dispute
between them is finally settled with Captain Willoughby. Should Mr.
Moore refuse, it is accepted [expected] he will attend on this notice.
JOSEPH FAY, Sec'y.
By order,
To whom it may concern.
Francis Barnes is permitted to pass from this to home & Return to
this Council in fifteen days.
By order,
By order,
THOMAS CHITTENDEN, Pres't.
The following persons are permitted to pass vizt. Daniel Dorchy &
Silvenus Perry from this to Sunderland & Return within one month.
THOMAS CHITTENDEN, Pres't.
The bearer Samuel Trobridge is permitted to pass to Arlington and
Remove his family down the Country as he has Taken the oath of Fi-
delity.
By order of Council, THOS. CHITTENDEN, Prest.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 20 Septr. 1777.
Thomas Phillips is permitted to pass from this to Poughkeepsie.
JOSEPH FAY, Secy.
By order,
STATE OF VERMONT. IN COUNCIL OF SAFETY, 20 Sept 1777.
Andrew Hawley is permitted to pass to his house in Arlington, his re-
turning within seven days to satisfy the judgment of this Council.
By order of Council,
To whom it may concern.
JOSEPH FAY, Sec'y.
Zadock Hard is permitted to pass from this to his home in Arlington,
his Returning to this Council within seven days to satisfy the judgement
of this Council.
By order of Council,
JOSEPH FAY, Secy.
The Council beg leave to return their sincere thanks to the Honble
Brigadier General John Starkes for the Infinite Service he has been
pleased to do them in defending them and their Constituents from the
cruel & bloody rage of their unatural Enemy who sought to distroy them
on the 16 day of August last. They also return their grateful acknowl-
edgments for the Honor the General has been pleased to do the Council
by presenting them with a Hessian Gun with Bayonet, one Broad Sword,
one Brass Berriled Drum, & one Granidiers Cap, Taken on the Memor-
able 16 of August aforesaid for the use of this State.
The General may
rely that they will be reserved for the use they were designed.
I am, Dear General, with sentiments of Esteem,
Your most Obedient Humbl Servant,
Gen Stark.
Copy examd.
JOSEPH FAY, Sec'y.
THOS. CHITTENDEN, Pres'.
State of VermONT. IN COUNCIL, 20th September 1777.
Resolved on Reconsideration, that Zadock Hard has a fine of Forty
pounds & Ten shillings for the use of the State and to stand Commit-
ted until this Judgment is Complied with.
£40 10 0.
By order of Council,
THOS. CHITTRNDEN, Pres't.
Recd. The above sum of £40 10 0 at two several payments, in behalf
of the Treasurer.
JOSEPH FAY, Sec'y.
174
Council of Safety-Aug. 15, 1777, to March 12, 1778.
State of VERMONT. IN COUNCIL OF SAFETY, 20th Septг. 1777.
Resolved on Reconsideration that Caleb Daton pay a fine of thirty
pound for the use of this State and Stand Committed until this Judgment
be Complied with.
By order of Council,
THOS. CHITTENDEN, Pres't.
£30.
·
STATE OF VERMONT. IN COUNCIL OF SAFETY, 20 Septr. 1777.
Resolved on Reconsideration that Andrew Hawley of Arlington pay a
fine of Forty Eight pounds for the use of this State, in Complying here-
with to be discharged, otherwise to Stand Committed until this Judg-
ment is Complied with.
By order,
£48 0 0.
THOMAS CHITTENDEN, Prest.
Recd. of Andrew Hawley £15 12 6 Lawful money in part pay of the
above Judgment.
JOSEPH FAY, Sec'y.
£15 12 6.
Pr.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 20th Septr. 1777.
Dear General,-Your favour of the 18 Instant was duly recd. for
which I am ordered to return you the thanks of this Council. A gen-
tleman was last Evening in Council who left the Enemies Head Quar-
ters, Monday Evening last & has had such Inteligence among them for
Considerable Time past as to be able to Collect their strength very
nearly. They consist of Six Regiments of British which makes 3,000
& about the same number of Foreign Troops, besides Tories. They
have about six weeks Provisions which they keep Constantly on board
their Water Craft Except what is daily dealt to the Troops. They seem
engaged to risque all on one Desperate Battle. The Front of the Army
expect to Winter in Albany if General How penetrate up North River,
if not at Ticonderoga & their rear in Canada. Any Service in the
Power of the Council is always ready at your Command. I have the
Honor to be, Dr. General, by order of the Council,
Your most Obedient humble Servant,
JONAS FAY, V. P.
Since Closing this Letter a person has arived from Fort George who
brings Inteligence that only 30 men are at that place, & no Water
Craft except 2 Gun Boats, Moored off at a distance from Shore. Since
the above Colo. Johnson of General Stark's Brigade mentions that on
hearing a brisk Cannonade yesterday afternoon, sent two of his men
back on horses, who have returned & Report that General Arnold with
his Detachment made Prisoners of 250 of the Enemy & being rein-
forced Possessed himself of three of the Enemies Field Pieces & made
himself intire master of the Ground. This is the best Inteligence and
the most Exact I can Obtain. Wishing your Honor Success,
I am Dr. Gen. your most
Obedient Humble Servant,
Brigadier General Stark.
JONAS FAY.
STATE OF VERMONT, IN COUNCIL OF SAFETY,
Bennington, 20th Septr. 1777.
A gentleman an acquaintance of mine was last evening in Council
from the Enemies Head Quarters, Monday Evening last, who has had
Such an acquaintance among them for some time past as to put it in his
Power to Learn their Strength and Situation very nearly. They consist
of Six British Regimts. which ammt. to nearly 3,000, & about the same
Council of Safety-Aug. 15, 1777, to March 12, 1778. 175
number of Foreign Troops Exclusive of Tories. They Have Six weeks
Provisions which they keep constantly on board their Water Craft. The
gentleman learns further that they seem disposed to Risque all on one
desperate action. The Front of their Army expect to Winter in Al-
bany if General How penetrates up North River, if not at Ticonderoga
& there rear in Canada. Any thing in the Power of this Council is
always Ready at your Command.
I have honor to be Dr. Gen. by order,
Your most Obedient Humble Servant,
JONAS FAY, V. P.
N. B. By a person this Instant arrived from Fort George, only 30
men are at that place, & 2 gun boats Lye anchored at a distance from
Land, & that the Enemy have not more than 3 Weeks Provisions.
Honble Majr. General Gates.
BENNINGTON, 21 September 1777.
CIRCULAR LETTER.
To all Gentlemen Concerned:
The Council enclose a Copy of the Honble Gen. Gates Particular
& Positive orders of this days date to you, which he requests may be
forwarded to you with the Greatest Speed. It Seemes assistance can
never be more Wanted than at this Critical Moment. The Armies
are now in such position as renders it Impossible for the Enemy to
avoid an Action. It is a thing almost Impossible for them to retreat,
therefore if you will now Instantly give your assistants, you never can
have it in your power to do yourselves & your Country a Greater Ser-
vice. So favourable a prospect of success in the Northern Department
never before appeared. Pray exert yourselves this once & the Matter
cannot Ditain you Long.
I am Dr. Gentlemen with Great anxiety
(by order of the Council)
Your Most Obt. Humble Servt.
JOSEPH FAY, Sec'y.
Copy examd.
Jos. FAY, Sec'y.
THOS. CHITTENDEN, P.
BENNINGTON, 6 o clock 21t Septr. 1777.
STATE OF VERMONEENN COUNCIL OF SAFETY, date above.}
Dear General,-Your particular Orders by Major Cochran has been
duly Reed & Copies thereof have been inclosed and forwarded to every
necessary part, with orders to have them forwarded without one Mo-
ments Loss of Time.
The Council are very anxiously concerned for your honors Welfare,
and the General may absolutely rest assured that no one thing shall be
Wanting that is in their Power to Grant every assistants.
I am Dr. General by order of Council
Your most Obedient Humble Servant,
THOS. CHITTENDEN, P.
Honble Maj. Gen. Gates.
Copy Examd.
JOSEPH FAY, Sec'y.
176
Council of Safety-Aug. 15, 1777, to March 12, 1778.
BENNINGTON, 224 September 1777.
Dear General,-I am directed by the Council to inform you, that the
Rangers of this State under the Command of Colo. Samuel Herrick in
Conjunction with Colo. John Brown of Pittsfield, have the Command of
Lake George & the Enemies Water Craft, as also Mount Defiance,
Hope, & the French Lines By Ticonderoga, Skeensboro &c. Have
Taken 2 Captains, 9 Subalterns, 143 Rank & non commissioned officers,
119 Canadians, 20 artificers-293 Total-And one hundred of our pris-
oners Released, a quantity of Provisions & a number of Armes, out of
which the one hundred Prisoners Just Mentioned who were Taken in
the action at Hughbarton [Hubbardton] were furnished & now act in
Conjunction with Colonels Herrick & Brown. The enemies Water
Craft Consist of 200 Battous & one Armed Sloop. Last friday an action
Ensued between Generals Gates & Burgoyne. General Arnold with
his Division attacked a Division of Burgoyne, in which General Arnold
gained the Ground, when the Enemy were reinforced by the main body,
when General Arnold was oblidged to Retreat, but being Reinforced,
Recovered his own so that the Ground remained 8 o'clock yesterday di-
vided between them, none Gained on Either Side, & the dead unbu-
ried; this acct. came by express from General Gatess Head Quarters yes-
terday afternoon, by Majr. Cochran, who returns this Morning with the
Honble Major General Lincoln. The Major adds that the Loss in this
Action is Computed by the best accounts at between 2 & 300 killed &
Wounded, & the Enemies Loss at 1000 killed wounded & Taken pris-
oners. Among the Wounded is Gen. Burgoyne, thot in the Bowels.
Their loss is of the British Troops. The Cannon was again heard yes-
terday, but no particular acet of the Execution has yet Transpired. The
Enemy Seem determined to risque all at once, as it is reported they have
the whole of their Stores & other necessaries with them, & cut away
the Bridges behind them as they advanced. They keep their Provisions
constantly on Board their Boats in the North River.
I have the Honor to be with the
Council's best Compliments by order
your honors most Obedient Humble Servant,
Honble General Wolcott.
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 22 Septr. 1777.
This may certify that Libeus Armstrong has Dilivered one Load of
Boards which he Brought from Phisters Mills. Also that he Carried
one Load of Provisions from this up to the lines at Cochran's House in
this place on the 16th of August Last for the use of the Army.
ners.
By order,
JOSEPH FAY, Sec'y.
¹ Francis Pfister, who had been an officer in the Royal American Regi-
ment in 1760, retired from the army and settled near Hoosick four cor-
He commanded the Tories, as Colonel, in the battle of Benning-
ton, and was mortally wounded. Hon. L. B. Armstrong of Dorset has
Col. Pfister's first commission, dated Sept. 18, 1760, his draughting in-
struments, and a beautifully drawn map of the route from St. Johns via
Lake George and the Hudson to New York city.-Vt. Hist. Mag., vol. I,
pp. 154-158, 186.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 177
STATE OF VERMONT. IN COUNCIL OF SAFETY, 22 Septг. 1777.
Samuel Williams is permitted to pass and repass unmolested as he has
been examined before this Council.¹
THOMAS CHITTENDEN, Pres't.
By order,
¹Rev. SAMUEL WILLIAMS, LL. D., was born in Waltham, Mass.,
about 1740; graduated at Harvard in 1761; was ordained minister of
Bradford, Mass., Nov. 20, 1765, where he remained until he became pro-
fessor of mathematics and natural philosophy in Harvard, which office
he held until 1788, when he resigned and removed to Rutland, Vermont.
The last date is given from Blake's Biographical Dictionary, not without
a strong suspicion that it should be an earlier date. Dr. Williams was
elected to the General Assembly for Rutland in 1783–25, 1787–295, and
1798-9-in all fourteen years. He was a member of the Governor's
Council in 1795-'98-four years, in two of which he had been elected to
the House also. He was judge of Rutland county court 1790 to 1797,
eight years; and in 1794 he preached the election sermon. For a time
he served as editor of the Rutland Herald, established in 1792; in 1794
he published the Natural and Civil History of Vermont in one volume
octavo of 416 pages, which was extended in 1808 to two volumes of 1003
pages; and in 1795-6 he published the Rural Magazine, comprising two
octavo volumes. He is entitled to honor as one of the founders of the
University of Vermont, for, said President JOHN WHEELER in his his-
torical discourse, Aug. 1, 1854, "the creative mind of Dr. Samuel Will-
iams, and the reflective and profound mind of Judge [Samuel] Hitch-
cock, [two graduates of Harvard,] had worked for the University of Ver-
mont, and in it." He was unquestionably the most learned man of
Vermont in his day, and for his labors and influence in behalf of educa-
tion and piety, he was also one of the most useful. "Dr. Williams's
History of Vermont,” said ZADOCK THOMPSON, “though diffuse in style
and embracing much foreign matter, will long continue our standard
work." Dr. Williams's greatest fault as historian was, that he did not
duly appreciate the high privilege of writing for posterity; hence he
omitted many interesting facts known generally in his day, which are
now unknown. He could have given us the details of the Conventions
of 1777 at Windsor, a full history of the Constitution, a clearer explana-
tion of the Haldimand correspondence, and pen-portraits at least of
every actor in the Council of Safety, and of our first Governor, whose
features now would be stamped upon the memory of every Vermonter,
if he could but know them, as indelibly as are those of George Wash-
ington, who was Chittenden's friend and correspondent in the period of
his severest trials. Of the History, Rev. Dr. BLAKE said: "It was es-
teemed the best historical work which had appeared in the country at
the time of its publication, and received high encomiums from some of
the philosophers of Europe." Dr. JOHN A. GRAHAM was a resident of
Rutland for awhile preceding 1797, and was personally acquainted with
178 Council of Safety-Aug. 15, 1777, to March 12, 1778.
IN COUNCIL OF SAFETY, Sept. 22, 1777.
To Captain Jonas Galusha, Sir,-You are hereby directed to repair,
with fifty men of the Militia of Col. Moses Robinson's Regiment, now
under your Command, to the Honble Major General Gates' Head Quar-
ters, who is Commander in Chief of the Northern Department. You
will on your arrival put yourself under his immediate Command, where
you will receive orders, during the Time you are Engaged for, unless
sooner discharged by him, or some other Continental officer Command-
ing the Northern Department, during which time, you will strictly ad-
here to & follow such orders and directions as you shall from time to
time receive from your superior officers.
Sir,-You being the next officer in Command, and Captain Galusha
being unable to Attend the Service, will Take the above command, and
see the orders duly executed.
By order of Council,
To Lieut. William Hutchins.
JOSEPH FAY, Sec'y.
IN COUNCIL, Bennington, 23 Sept. 1777.
Dear Sir, - This moment rec. your favour of this days date requesting
horses & Emty Baggs to be forwarded with Expedition, in consequence
of which we have Granted press Warrants to procure them Without
Loss of Time, & will be on Tomorrow. I am, sir, with Esteem, by order
of Council, Your most Obedient Humble Servant,
Col. B. Simonds.
JOSEPH FAY, Secy.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 24th Septr 1777.
To Mr. Conner,-You are hereby ordered to Diliver to Mr. William
Dr. Williams, of whom he said in his Descriptive Sketch of the Present
State of Vermont, London, 1797, p. 66:
Of Samuel Williams. LL. D., member of the Meteorological Society
in Germany, of the Philosophical Society in Philadelphia, and of the
Academy of Arts and Sciences in Massachusetts, it may with propriety
be said, that he is the most enlightened man in the State in every
branch of Philosophy and Polite Learning; and it is doing him no more
than justice to say, there are very few in the United States possessed of
greater abilities, or more extensive information: added to which, he is a
most excellent orator, and always speaks in a manner best adapted to
the understanding and capacity of those whom he addresses. In the
year 1794 the Doctor wrote and published the Natural History of Ver-
mont, executed much to his honor, and to the great satisfaction of all
Naturalists. In politeness, ease, and elegance of manners, Dr. Williams
is not inferior to the most polished English Gentleman.
Graham's volume is chiefly interesting for its personal gossip and
sketches, of which the above is one of the best. It is to be regretted
that he did not live in Vermont years earlier and give more details of
the personal history and characteristics of the actors in the tragic and
comic scenes which abounded in Vermont's earliest days. Dr. Williams
died in January 1817. The writer is not sure that the vote of the Coun-
cil refers to the Doctor, though it is very probable that he visted Ver-
mont at that time, perhaps to examine the field of his intended labors.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 179
Broomly his cow that you have in your Keeping, as I am informed your
cow is in Shaftsbury and can drive her home.
By order of Council,
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 24 September, 1777.
Whereas Complaint has been made to this Council by Doct. Nathaniel
Dickinson, that he is not provided with necessaries, such as Medison,
Spirits, &c. for the use of the Wounded under his direction and care,
tho application has been sundry times made, we therefore think proper,
& do hereby appoint Mr. Nathan Clark to wait on you to Enquire into
the afair.
By order of Council,
Doctr Hogan.2
JOSEPH FAY, Sec'y.
William Haviland is permitted to pass to see his Brother a prisoner in
the State of N. York.
By order,
JOSEPH FAY, Sec'y.
To whom it may Concern.
Nathaniel Mallery is permitted to join Capt. Smiths company as he
has engaged to Take Arms in the defence of the Liberties of America.
By order of Council,
JOSEPH FAY, Sec's-
STATE OF VERMONT. IN COUNCIL, 24 Septr 1777.
James Lee is permitted to pass from this to his home in the district of
Ira in the State of Vermont.
By order of Council,
JOSEPH FAY, Secy.
Benjamin Lee is Permitted to pass from this to his home in the Dis-
trict of Ira in the State of Vermont.
By order of Council,
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 24th Sept. 1777.
Bennett Bardsley Sentenced to pay a fine of fifteen pounds to satisfy
the judgment of this Council against him for Enimical Conduct towards
the United States.
By order of Council,
JOSEPH FAY, Secy.
Date above reed the sum of £15 in full of the above judgment as pr
Certificate given to him.
pr.
JOSEPH FAY, Secy.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 24 September, 1777.
In consequence of a Letter Reed from Colonel Benjamin Simonds
[Simmons] for horses to forward flour to the relief of Gen! Warner at
Tyconderoga we have granted Warrants to procure them with all Expe-
dition."
By order of Council,
¹A resident of Bennington from 1766 to 1790.
JOSEPH FAY, Secy.
Supposed to be the officer at the head of the medical branch in the
Northern Department.
Col. Simmons is supposed to have been in command of militia from
Berkshire County, Mass., mentioned by Gen. Stark, Warner, &c., in con-
nection with Bennington battle. In 1780 the town of Lincoln was
granted to Col. Benjamin Simmons and company.-See Vt. Hist. Soc.
Collections, vol. 1.
180 Cnuncil of Safety—Aug. 15, 1777, to March 12, 1778.
To Captain Nathan Smith:
Sir,-You are hereby required to March with the men under your
Command to Pawlet on horseback, where you will apply to Colonel
Simonds [Simmons] for a horse Load of Flour to Each man & horse.
You furnish bags sufficient for such purpose.
By order of Council,
To Capt. Ebenezer Wood:
THOS. CHITTENDEN, Pres'.
Sir,-You are hereby required to take the charge of the men, horses,
and Bags, ordered from this Town & proceed without one minutes loss of
time to Pawlet where you will apply to Colonel Benjamin Simonds for a
Load of flour for each horse, and proceed to General Warner with the
same if Colo. Simonds shall judge proper. When you return, you are to
take especial Care that the Horses & Baggs be returned to their proper
owners.
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 24 Septr 1777.
Pursuant to a Complaint made to this Council by Henry Snyder for
two horses stole as will appear by the Complaint on file,
Sergt John Bean and Alexander Gordon being apprehended & brought
before this Council, acknowledge themselves Guilty of stealing s Horses.
Therefore this Council having Taken into consideration their cases, do
judge by the evidence and their own Confession that the act was theft,
an attrocious Crime that demands (by the law of God & man) that the
prisoner or the persons found Guilty should be made a public Example
of to Deter people from such vicious practices. The Council unwilling to
see any person suffer, are nevertheless constrained in duty to themselves
and constituents to order that the said John Bean & Alexander Gordon
Receive each 39 Lashes on the naked back at the Liberty pole in this
place to satisfy the Complaint, & be discharged. Mr. Josiah Brush the
Officer appointed to Execute this Warrant is appointed to see this judg-
ment put in Immediate Execution.
By order of Council,
STATE OF VERMONT.
THOS. CHITTENDEN, Prest.
IN COUNCIL OF SAFETY, 24 Septr 1777.
Henry Snyder appeared before this Council, & acknowledged to
have recd Eighteen pounds Eighteen shillings for the damage & Cost of
Recovering his Horses.
Therefore the Council on Reconsideration of the case of John Bean
and Alexander Gordon have thought fit to Take off the corporal punish-
ment, & discharge them on their paying to the Council as an acknowl-
edgment to the public a fine of Five pounds & nine shillings Cost, &
receive a Reprimand from the Hon the president of this Council.
THOS. CHITTENDEN, Pres't.
Recd in full satisfaction of the above judgment.
By order,
JOSEPH FAY, Sec'y.
Ebenezerr Willoughby is permitted Leave of Absence for one week
then to return & Diliver himself to this Council.
By order,
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY,
Bennington, 24 Sept. 1777.
Dear General,-The Council have recd certain intelligence this morn-
ing that a very considerable Number of the Militia from the Eastern
Council of Safety-Aug. 15, 1777, to March 12, 1778. 181
States are now on their March to your assistance. Several companies
have passed this place this Morning for the above purpose. The bearer
Captain Angel will be able to Give your honor further intelligence in the
Matter. The Council are every moment Anxious to know your honor's
present Situation, your wants (if any) and wheather they be Such as in
their power to relieve.
I have the honor to be, Dr General,
Your most Obedient Humble Servant,
By order of Council,
The Honble Major Gen' Gates.
THOS. CHITTENDEN, P.
BENNINGTON, 24 Sept. 1777.
Dear Sir,-Agreeable to yor request Reced Last Evening, the Council
sends you such assistants as you desired. They will remain with you a
reasonable Time to effect the business for which they were sent. You
will please to Give them such Instructions from time to Time as you
may Judge most advantageous to the public Good. The Council rejoyce
at the Success of the Northeru Troops. Wish your further success.
I have the honor to be, Dr Sir,
by order of Council, Your most
Obedient Humble Servant,
THOS. CHITTENDEN, Pres't.
Colo Simonds. [Simmons.]
STATE OF VERMONT. IN COUNCIL OF SAFETY, 25 September, 1777.
In consequence of a Letter this day Recd. from Colonels [John]
Brown' & [Samuel] Herrick requesting Teams to be sent to bring on
1
¹ Feb. 15, 1775, the provincial congress of Massachusetts directed the
Boston committee to open a correspondence with the province of Que-
bec, to counteract unfriendly influences there. This committee sent
JOHN BROWN, a young lawyer of Pittsfield, Mass., for this purpose. He
stopped at Bennington on his way and had an interview with "the grand
committee " of the New Hampshire Grants, and the old Vermont hun-
ter Peleg Sunderland was sent with him as a guide. On reaching Mon-
treal, Brown wrote to Samuel Adams and Joseph Warren, of the Boston
Committee, stating the importance of promptly seizing the post at
Ticonderoga; and of this suggestion the brilliant exploits of Ethan
Allen and Seth Warner were the outcome. Brown himself carried this
news to Albany, then to New York, and then to the Continental Con-
gress at Philadelphia. Sept. 24th, 1775, Brown, then Major, suggested
to Ethan Allen the capture of Montreal, which was attempted and
failed, through Brown's failure (for some reason never satisfactorily ex-
plained) to do his part. In Sept. 1777 Brown, then Colonel, attacked
and carried the British post at the north end of Lake George, recovered
over one hundred of the Americans who had been taken at Hubbardton,
captured two hundred and ninety-three of the enemy, and destroyed
two hundred of their boats. Jointly with this splendid success, Capt.
Ebenezer Allen of the Vermont Rangers was in like manner successful
at Mount Defiance. As further results, Ticonderoga was evacuated by
182 Council of Safety-Aug. 15, 1777, to March 12, 1778.
plunder to this place, we have therefore given orders to procure five
Teams.
By order of Council,
Prs't.
Also to Take his effects
THOMAS CHITTENDEN,
Zadock Hard is Permitted to pass & Repass.
in whose hand soever he may find them, proving his property.
By order of Council,
To whom it may Concern.
JOSEPH FAY, Sec'y.
Daniel Clark is permitted to pass & repass his behaving as becom-
By order of Council,
JOSEPH FAY, Sec'y.
eth.
To whom it may Concern.
Charles Carr is permitted to pass from this to Jerico unmolested he
behaving as becometh.
By order of Council,
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 26 Septr. 1777.
Oliver Colvin is permitted to pass to his fathers house in Town, there
to remain until further orders from this Council.
By order of Council,
JOSEPH FAY, Sec'y.
His Father is Security for his appearance. £1000 forfeiture.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 26 Septr. 1777.
To Mr. Wright & the other Teames in company:
You are to Repair from this to Pawlet with your Teames, there to
apply to the Commanding officer or Lieut. Hide to be Loaded with plun-
der belonging to Colo. Brown, & Return with the Same & Deliver it Safe
to this Council.
By order of Council,
JOSEPH FAY, Sec'y.
Henry Francisco is Permitted the Liberty of this Town during the
pleasure of this Council.
By order,
To whom it may Concern.
THOS. CHITTENDEN, Pres".
George Sherman is Permitted to pass unmolested as he has Taken the
Oath of Fidility.
By order of Council,
JOSEPH FAY, Sec'y.
Gideon Squire is Permitted the Liberty of this Town during the plea-
sure of this Council.
By order of Council,
To whom it may Concern.
JOSEPH FAY, Sec'y.
John Offered is Permitted to pass from this to Litchfield south farms
in Connecticut there to remain and not be found without the bounds of
that place without a pass from the Committee of Safety.
By order of Council,
JOSEPH FAY, Sec'y.
the British, with the loss of forty-nine prisoners, upwards of one hun-
dred horses, twelve yoke of oxen, &c., and Major Wait of Vermont took
possession of Mount Independence. Col. Brown was killed in a battle
with tories and Indians on the Mohawk river, Oct. 19, 1780, after having
proved himself to be “ a soldier of great courage and high moral worth."
See H. Hall's Early History, pp. 198, 199, 204, 265, 469, and 216.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 183
To Mr. David Sessions:
Sir, You are to Repair from this to Pawlet, there to apply to the
Commanding officer or Lieut Ebenezer Hide who will Load you with
Plunder belonging to Colº Brown, which Load you are to Diliver Safe to
this Council.
pr Order of Council,
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 27 September, 1777.
Ebenezer Tolman & Consider Turner, soldiers in Colonel Marshal's
Regiment in Capt. Nathaniel Winslow's Company, are permitted to pass
the Guards from this to Still Water and join their Respective Corps.
By order of Council,
JOSEPH FAY, Sec'y.
Samuel Stewart is permitted to pass & Repass from this [to] Colrain
and join the Army as soon as he is able to return.
By order,
JOSEPH FAY, Sec'y.
Isaac Goodsel is permitted to pass to Sunderland to Take care of his
children & to return within six days.
THOM. CHITTENDEN, Pres't.
Henry Batterman, a German Soldier, is this day permitted to pass to
Colonel Simonds [Simmons] at Williamstown, to remain until further
orders from this Council.
By order,
To whom it may Concern.
JOSEPH FAY, Secy.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 29th Septг. 1777.
Abel Wright is Permitted fifteen days absence then to Return and
join his Regiment. He is also permitted to pass from this to Woodstock
in the State of Connecticut.
By order of Council,
To whom it may Concern.
JOSEPH FAY, Secy.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 30th Septг. 1777.
Jonathan Smith is permitted to pass from this to Reupert and return
with his family to this place.
By order of Council,
JOSEPH FAY, Sec'y.
Benjamin Everis¹ & Benjamin Kellogg are permitted to pass the
Guards to Addison unmolested on Lawful Business.
By order of Council,
JOSEPH FAY, Sec'y.
Abel Buck of Arlington is permitted to pass to his home at that place
unmolested.
By order of Council,
To whom it may Concern.
JOSEPH FAY, Secy.
¹ Lieut. BENJAMIN EVEREST of Addison, who was at the capture of
Ticonderoga and Crown Point, and with Warner in the battles of Hub-
bardton and Bennington. For an extended biographical summary see
Vt. Historical Magazine, vol. 1, p. 10.
One of Amherst's soldiers from Connecticut; captured by Carleton
at Addison in 1778, and died in prison at Quebec in 1779.—Vt. Historical
Magazine, vol. 1, p. 4–6.
184 Council of Safety-Aug. 15, 1777, to March 12, 1778.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 30th Sept. 1777.
Martin Rosinback is permitted to pass to his home in Little Hoosaach,
& return in 30 days.
I promise on the forfeiture of one thousand pounds to see the above
named Martin before the Council at the Expiration of 30 days.
AARON BACHUS.
Samuel Cook is permitted to Take his Cattle from this to his home in
Saratoga Pattent there to remain so long as he can be safe from the
Enemy.
By order of Council,
JOSEPH FAY, Sec'y.
To whom it may Concern.
BENNINGTON, 30th September, 1777.
Dear General,-Your favour of the 28th is this moment come to hand.
Your honors particular Care for this part of the Country I am ordered
by the Council to acknowledge. They are of opinion that the post you
have been pleased to order occupied in this Department, will Sufficiently
secure the Inhabitants for the present.
I have the Honor to be, Dr. General,
your most Obedient Humble Servant,
By order,
The Honble Majr. Gen. Lincoln.
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 1t October 1777.
Samuel Place is permitted to pass from this to his home in Dummer
to remain there unmolested as he has Taken the oath of fidility to the
United States of America.
By order of Council,
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 1t Oct., 1777.
Request being made to this Council by Captain Winchester for Teames
to forward provisions for the Speedy Relief of the Army in consequence
of which the Council have granted Warrants to procure Carriages Suf-
ficient to forward one hundred barrils of flour.
By order,
JOSEPH FAY, Sec'y.
October 2ª.—Ebenezer Willoughby is Permitted six days absence then
to Return to this Council.
By order,
JOSEPH FAY, Sec's.
October 3d. This day an application being made to this Council by
the Chief Surgeon of the Hospital in this Town for Kittles, we have
therefore Given an order to procure the Same.
By order of Council,
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 3ª Oct. 1777.
Isaac Goodsel is Permitted to pass & repass any where to the South of
the North line of Manchester, and also Take any of his effects which
have been Seized by authority, his proving his property, as he has Taken
the Oath of Fidility to the United States.
By order,
To whom it may Concern.
THOMAS CHITTENDEN, Pres't.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 185
State of VERMONT. IN COUNCIL OF SAFETY, 3ª Oct. 1777.
To Captain John Simonds:
Sir,-You are hereby authorized and impowered to Let or Lese all
the Estate of Colonel James Rogers late of Kent, (now with the King's
Troops,) both real & personal, and all Real Estate (except so much as
humanity requires for the Comfortable Support of the family left Be-
hind) you will Sell at public Vendue and Return the Money Raised on
such Sail (after the Cost is paid) to the Treasurer of this State. The
improved Land you will Let or Lese to some proper person or persons
as you shall judge will serve best the purpose of supporting the family
& the Benefit of this State, not exceeding the Term of Two years.
You will return to this Council an account of all the Estate boath real
& personal that you shall seize. You will Take the Advice of the Com-
mittee of the town of Kent with regard to what part will be sufficient to
support the Family. You are to obey the orders of this Council from
time to time, relative to said Estate, and settle your accts. with them or
their Successors, or some person or persons appointed for that purpose,
& you are to do it on oath.
By order of Council,
Attest, JOSEPH FAY, Sec'y.
THOMAS CHITTENDEN, Pres'.
This may certify that we pursuant to Gen¹ Gates orders employed Mr.
Moses Cleaveland to ride post from this to Shiffield & to Impress fresh
horses when he should find it Necessary.
By order of Council,
To whom it may Concern.
Jos. FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 3ª Octг 1777.
The bearer Abigail Fairfield is permitted to Take the two yearling
Colts the former property of her Husband & Consort, the same to her
own use unless it shall hereafter appear that they have been disposed of
by order of this Council.
By order of Council,
JOSEPH FAY, Sec'y.
BENNINGTON, 3d October 1777.
Dear Colo. :-I have this day Reed your favour dated Paulet, 1t Octo-
ber Inst., & am ordered by this Council to return you their Sincear
thanks for your Spirited Behaviour since your Appointment, & in par-
ticular your Late Noble Enterprise at Lake George Landing, Ticonde-
roga and for distroying the Enemies Water Craft in General to the
Great Disadvantage of the Enemy. With respect to the appointment of
Sergt Smally to a Lieutenant in Capt. Woods Company, it will be Left
with you if a proper Recommendation can be obtained & he raises his
quoto of men.
Shoes can be had at Shaftsbury as we are informed there is some made
their. Upwards of 30 pr are ready, which you can send for at any Time.
I heartily wish you Success, and make no Doubt you will Conduct your-
self agreeable to the Trust reposed in you, & am, Dr Sir, By order of
Council, your most Obedient
Colo. Samuel Herrick.
Humble Servant,
Copy examd.
THOS. CHITTENDEN, Pres't.
JOSEPH FAY, Sec'y.
Luther Colvin is permitted to drive of [off] his and the Widow Mary
Potters Stock, he proving their property and paying charges.
By order of Council,
Jos. FAY, Sec'y.
14
186 Council of Safety-Aug. 15, 1777, to March 12, 1778.
Moses Holibud is Permitted to pass from this to Williamstown with
his family and to Return to this Council within one Week.
By order of Council,
Jos. FAY, Sec'y.
IN COUNCIL, Oct. 4th 1777.
Jonathan Holabud is Permitted to pass to Woodbury in Connecticut.
JOSEPH FAY, Sec'y.
By order,
STATE OF VERMONT. IN COUNCIL OF SAFETY, 4 Oct. 1777.
Alexander McDoughel is permitted to pass from this to his home at
the Scotch Patent, as he has Taken the oath of Fidility to the United
States.
By order of Council,
JOSEPH FAY, Secy.
To whom it may Concern.
BENNINGTON, 4th October 1777.
Dear Sir,-The Council (at the request of Dr. Hovey,) have Provided
a Number of Hospitals for the Sick Militia. Nothing seems Wanting
to make them as Comfortable as their Condition will admit of, excepting
the want of a Commissary furnished with money to procure provisions
and other necessaries for said Hospital, the former commissary being
called upon by Doctr. Hogan, to make a final Settlement & give back
the Cash that Remains on hand. The same Gentleman (Capt. Fassett)
is willing to still Continue Commissary to the Hospital on being properly
supplied with Cash. I am Sir by order of Council, your very Humble
Servant,
JOSFPH FAY, Sec'y.
Doct. Jona. Potts, D. G. N. D.
IN COUNCIL, Bennington, 6th October 1777.
Dear General,-The Council are this moment informed by Doctr.
Hovey who has at present the Charge of upwards of one hundred sick
belonging to the Army and deposited in this place, that [he] is Called
upon by Letter from the Surgeon and Physicians at N. City to Attend
the sick at that place. The Circumstances is truly critical. This Town
has suffered almost every Inconvenience with Cheerfulness and always
Stand Ready to Contribute any thing in their Power for the common
cause. But as we find we are incumbered with many things & have
neither Surgeous, Physicians or Medicines to attend those already on
hand, beg your honor to place some Continental Surgeon or Physician
in lieu of Doct. Hovey, in Case he must be removed. The Surgeon who
has the Command at N. City will be Served with this request at the
Same Time. I am Dr General by order of
Council your most obedient
Humble Servant,
The Honble Major Gen. Gates Commanding N. D.
JOSEPH FAY, Sec'y.
Jos. FAY, Sec'y.
N. B. Doct. Hovey gives universal Satisfaction, therefore pray he
may continue if Consistant.
STATE OF VERMONT. IN COUNCIL, 6 October 1777.
Sir, We are informed that Mr. S. Payne of Sunderland has in his
Custody one yoke of oxen the Property of this State which we desire
youd Take into Custody immediately.
I am Sir by order of Council
Lt. Martin Powel or
Your Humble Servant,
[of Sequestration.]
Lt. Peter Roberts, } Commissioners
Joseph Fay, Sec'y.
Council of Safety—Aug. 15, 1777, to March 12, 1778. 187
October 6th 1777.
Gideon Squire is permitted to pass from this [to] Granvil and Remove
his Family.
By order of Council,
JOSEPH FAY, Sec'v.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 7th Oct. 1777.
This Council orders that you diliver James Haskins the Gun which
you took from him.
By order of Council,
To Abner Blanchard.
JOSEPH FAY, Sec'y.
Oct. 8 1777.
Gentlemen,-This Council Earnestly Recommend to the Town of Ben-
nington to Warn a Town meeting to fill up the Committee of Safety for
said Town.
By order of Council,
Joseph Fay, Sec³y.
To the Selectmen of Bennington.
Sold Simeon Sears & Mr. Risdon the one half of the Cart Belonging
to this State for 23 dollars.
By order,
JOSEPH FAY, Sec'y
Daniel Eady is permitted to pass from this to Durham there to Re-
main until further orders, as he has voluntarily Taken the Oath of Fi-
dility to the United States.
By order of Council,
To whom it may Concern.
JOSEPH FAY, Sec'y.
BENNINGTON, 8th October 1777.
Sir,-This Council are informed that you are found (since you passed
Examination before us) with Armes & ammunition secretted which
Gives the Inhabitants Great uneasiness, and nothing short of your mak-
ing immedeate Satisfaction to this Council will prevent your being or-
dered immediately to remove, which must be done forthwith.
By order of Council,
JOSEPH FAY, Sec's.
P. S. If you can Satisfy the Inhabitants and obtain their Liberty you
may remain until further orders.
David Castle, Paulet.
Jos. FAY.
STATE OF VERMONT. IN COUNCIL, Bennington, 8th Oct. 1777.
Dr. General,-The Council this moment had under Examination a
Seargent Major of the Foreign Troops Taken near Mount Independence
by a scout of Colo. Herrick's Rangers, who informs that the Garisons of
Tyconderoga & Independence have been Reinforced by about 600 Troops
(principally British) from Fort Stanwix. That it is Reported at that
place, that Detachment is to make a forced march West of Lake George
with 10 days Provisions to reinforce General Burgoyne, that no move-
ments of any Boats across the Lake is mentioned among them. The
whole Number of Troops at thair Garisons is about 2000. The Council
hold themselves Bound in duty to Give the Earliest Intelligence of any
Movements of the Enemy that may come first to their knowledge.
I have the honor to be Dear General
(by order of Council) your most Obt. Humble Servant,
JOSEPH FAY, Sec'y-
Honble Major Gen' Gates.
188 Council of Safety-Aug. 15, 1777, to March 12, 1778.
BENNINGTON, 10th Oct. 1777.
Transmitted the Intelligence [foregoing] of a reinforcement to Gen¹.
Fellows by Letter of this Date.
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 9th Oct. 1777.
William Hurlbut is permitted to pass from this to Skeensborough and
secure his family, as he has Voluntarily taken the oath of fidelity to the
United States of America.
By order of Council,
JOSEPH FAY, Sec'y.
Oct. 9th 1777.
You will please to Diliver Mr. Timothy Prichet the Cart & oxen
Belonging to John Whitlock to go to Castleton and bring off said Whit-
locks Family to this place.
By order of Council,
JOSEPH FAY, Sec'y.
Jeptha Bartholomew is permitted to pass from this to join Capt. Par-
maly Allen's Company in the Ranging service, as he has passed Exam-
ination before this Council & Taken the Oath of Fidility to the States of
America.
By order,
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 10th Octr. 1777.
This may Certify whom it may Concern that Doct. Jacob Rhuback
being a friend to his Country has full power from this Council to Take
his Estate where it may be found, proving his property.
By order of Council,
To whom it may Concern.
JOSEPH FAY, Sec'y.
Ephraim Knapp is permitted to go to Arlington and Remove his fam-
ily down the Country.
By order of Council,
To whom it may Concern.
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 10 Oct. 1777.
Comfort Curtis and his Brother John Curtis are permitted to pass to
Clarindon or Elsewhere and collect his family & Effects and return to
this Council with all possible Expedition.
By order of Council,
Copy examd.
Pr Jos. Fay, Sec'y.
THOMAS CHITTENDEN, Pres't.
Resolved that no more Rangers be enlisted into Col. Samuel Her-
ricks Regim to serve in the present Campaign.
By order of Council,
Attest, JOSEPH FAY, Secy.
THOMAS CHITTENDEN, Pres't.
Oct. 18 1777.
This day Agreeable to the manifests sent to Nathaniel Fisk from this
Council of the 8th of September last, he has personally appeared & Vol-
untarily Taken the oath of Fidility to the United States of America.
By order of Council,
Jos. FAY, Sec'y.
Liberty is hereby given to the bearer Nathaniel Fisk to Take such
Live Stock or other effects belonging to him, (not disposed of according
Council of Safety-Aug. 15, 1777, to March 12, 1778. 189
to the directions of this Council,) wherever it may be found, he proving
his property and paying Reasonable Charges.
By order of Council,
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 20 October 1777.
To the Committee of Safety, Bennington:
Gentlemen,-On the request of Captain John Fassett Jur. one of your
sd Committee, The Council are of opinion that any person from this
State, who has voluntarily deserted the Countrys cause, & have had Re-
course to the Enemy for Protection, directly or Indirectly, do remain in
their present Situation until a Requisition be made by those who have
them in Custody to the Authority of this State.
By order of Council,
JOSEPH FAY, Sec'y.
State of VERMONT. IN COUNCIL OF SAFETY, Oct. 20 1777.
This Council having had under Consideration the particular circum-
stances of John Whitlock, are of opinion that he return to his farm in
Castleton whenever he shall produce a Certificate from under the hands
of his several Neighbors in that Vicinity that they are severally satisfied
to Receive him into their Friendship, and their to remain until further
orders, unmolested.
By order of Council,
N. B. May return with family if chuses.
JOSEPH FAY, Sec'y.
To whom it may Concern:-The bearer John Whitlock is permitted to
pass to Castleton for the purpose of procuring the above named Certifi-
cate. By order of Council,
JOSEPH FAY, Secy.
Col. Peter Olcott proposed the following Question to the Council
vizt. Several of my men deserted over to the Enemy after being drafted
to go to Tyconderoga, were gone about one month & Returned. The
Question is what must be done with those men.
The Council's Answer is:
Signd.
PETER OLCOTT.¹
If those men are willing to defend the States at the risque of Life and
fortune, to Loose what has been taken from them, and sold for the benifit
of the Country, and in case no Seizure & sale has been made, pay a fine
adequate to their Crimes, give them protection and pardon, but if they
refuse to be [bear] their proportion of Expence & will not Take up
Armes in favor of our Cause, Treat them as outlaws.
By order of Council,
JOSEPH FAY, Sec'y.
John Whitlock on further Consideration Judges it not Safe to Remove
his family or Return himself to Castleton according to the pass from the
Council of this day's date, he is therefore permitted to pass with his fam-
ily & effects to Danbury in Connecticut.
By order of Council,
To whom it may Concern.
JOSEPH FAY, Sec'y.
STATE OF VERMONT, IN COUNCIL OF SAFETY, 20th Oct. 1777.
Whereas, God in his providence has smiled in a very remarkable man-
ner on our Armes in this Northern Department, whereby we are Se-
¹ See biographical notices of the members of the first Council, post, for
notice of Col. Olcott.
2
* Meaning the capture of Burgoyne's army.
190 Council of Safety-Aug. 15, 1777, to March 12, 1778.
cured in a very considerable degree from the Ravages and Machinations
of a Cruel and inveterate Enemy & their Confederates:
And Whereas we delight not in the Misery or Confinement of any
Individuals when such Confinement is not absolutely Necessary for the
Security of the Major part-Therefore we Recommend it to the Com-
mittees of the several Towns in this State to Liberate all such persons
as have been Confined on Suspicion of being Enimical, or any whom
you may Judge may with Safety to this State, or the United States, be
Liberated in full or in part, with proper Restrictions, such as confine-
ment to their farms or Towns under the Inspection of Reputable per-
sons & during Good Behaviour.
By order of Council,
Copy examd. JOSEPH FAY, Sec'y.
JONAS FAY, V. Pres'.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 20th Oct. 1777.
Jeremiah Parker is permitted to pass to his home in Clarindon, there
to remain unmolested until further orders from this Council.
By order of Council,
To whom it may Concern.
JOSEPH FAY, Sec'y,
The bearer Joseph Luis [Lewis] is permitted to pass to Clarindon and
Remain at Liberty until further orders from this Council.
By order,
To whom it may Concern.
Jos. FAY, Sec'y.
Henry Francisco is Permitted to pass to his home at Granvil & there
to remain unmolested until further orders from this Council, or any Mil-
itary officer who may have demands on him.
By order,
To whom it may Concern.
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 21t Oct 1777.
Resolved that Captain Joseph Bowker¹ be and is hereby appointed a
1 ¹ Col. JOSEPH BOWKER was one of the most prominent men in the
state during the few years in which he lived to take part in public affairs.
With two exceptions he was President of every General Convention,
the records of which are given in this volume. At the first election un-
der the constitution he was elected representative for Rutland and at the
same time received the highest vote cast for any man as Councillor.
Before the votes for Councillors had been canvassed, he was elected
Speaker of the House, which office and that of representative he of
course relinquished on taking his seat in the Council. To that body he
was elected seven times and until his death. He was the first judge of
Rutland county court, which office he held till Dec. 1783; also the first
judge of probate, and held that office until his death in 1784. Thor-
oughly patriotic, eminently useful and pre-eminently popular, he left no
heir to perpetuate his name, and no stone marks his grave. But as long
as the early history of Vermont shall survive, his name will live.-See
Deming's Catalogue, 1778-1851; and H. Hall's Early History, p. 456.
Council of Safety—Aug. 15, 1777, to March 12, 1778. 191
Commissioner of Sequestration, as Also Mr. George Foot¹ of Castleton
is hereby appointed a Commissioner of Sequestration, to act in Conjunc-
tion (when it may be necessary) with the other Commissioners of Se-
questration appointed on this side of the Mountains.
By order of the Council,
Warrant given to George Foot.'
JOSEPH FAY, Sec'y.
Daniel Squire & Ebenezer Squire are permitted to Return to their
homes & remain unmolested until further orders from this Council, hav-
ing Taken the Oath of fidelity to the United States.
By order,
JOSEPH FAY, Sec'y.
Abraham Davoo, of Pownal, is permitted to pass to his home in said
Pownal unmolested until further orders from this Council.
Jos. FAY, Sec'y.
P. S. Was in Bennington Battle; has Taken the oath of Fidelity to
the United States.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 21t October 1777.
Benjamin Rose is permitted to return to his home & be Liable to re-
turn to this Council when called for, or any authority of N. York.
By order of Council,
Jos. FAY, Sec'y.
Henry Young is permitted to return home and remain until further
orders from this Council.
By order of Council,
To whom it may Concern.
JOSEPH FAY, Secy.
This Council having taken into consideration the complaint of Job
Wood against Ebenezer Wood, & having heard the several Evidences
in support of the Complaint, are of opinion that Job Wood rest in the
peacable Possession of the Farm the former property of Eben“. Davis,
late Decd., without Molestation from Ebenezer Wood until a proper
Tryal can be had relative to the Title of Land, and that the said Ebon-
ezer pay to the said Job for damage in breach of promise the sum of
four pounds four shillings L. Money, & pay the Cost of Tryal, Taxed at
£2 12 0. By order of Council,
JONAS FAY, V. President.
The Complaint relative to the above Judgment, Warrant & Evidences
to support it, are on file.
Jos. FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 22ª Oct. 1777.
John McNiel is permitted to pass from this to his home, there to re-
main under the authority of N. York, as he has Voluntarily taken the
oath of Fidility to the United States of America.
By order of Council,
To whom it may Concern.
JOSEPH FAY, Sec'y.
David Scott is periaitted to pass from this to his home in White Creek,
there to diliver himself up to the Authority of N. York, having Taken
the oath of fidility to the United States of America.
By order of Council,
JOSEPH FAY, Sec'y.
Amos Marsh is permitted to pass to his home, there to emain until
further orders from this Council, having Taken the Oath of fidelity to
the United States.
Jos. FAY, Secy.
By order,
¹ The name of Mr. Foot appears again, in 1778, as quarter-master of
the 5th Regiment.
192 Council of Safety-Aug. 15, 1777, to March 12, 1778.
Joseph Bratten is permitted to pass from this to his home in Clarin-
don, there to remain until further orders from this Council, also is per-
mitted to Take his Cow wherever he may find her, proving his property,
having taken the oath of fidelity to the United States.
By order,
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 24 Octг. 1777.
Resolved that Capt. Elkanah Cook be appointed & is hereby appointed
one of the Commissioners of Sequestration for the State of Vermont to
act in Conjunction with the other Commissioners heretofore appointed.
Warrant and Instructions given.
Attest,
JOSEPH FAY, Sec'y.
IN COUNCIL, Bennington, 24 October 1777.
Sir,-The Council finding it necessary Have Thought fit to appoint
you a Commissioner of Sequestration, to act in conjunction with those
Commissioners heretofore appointed—and Inclose you a Warrant for
that purpose. Hope you will Accept thereof, by which you will Oblidge
your Country & Your Humble Servant,
By order of Council,
To Capt. Elkanah Cook.
To Col. Samuel Herrick:
JOSEPH FAY, Sec'y.
1
Dr. Sir,-Whereas Capt. [Justus] Sherwoods wife has applied to
this Council for Liberty to go to her husband at Tyconderoga, the Coun-
cil would Recommend to you, or the officer commanding at Pawlet or
Skeensboro, to convey her (by a Flagg) if you think it best, & by such
person as you shall think most Expedient. Her necessary clothing &
one bed is to be Allowed her.
By order of Council,
JOSEPH FAY, Sec'y.
The bearer Samuel Adams wife 2 is permitted to pass with her Chil-
dren to her Husband at Tyconderoga unmolested, after passing the Ex-
amination of the officer Commanding the Northern department. Nec-
essary clothing & bedding to be Allowed, which order the Commanding
officer will see punctually fulfilled.
1
ven.
By order of Council,
JOSEPH FAY, Sec'y.
Capt. JUSTUS SHERWOOD, (sometimes written Justice,) of New Ha-
He was named by John Munro as one of the party who rescued
Remember Baker in 1772. Sherwood was proprietor's clerk of New
Haven from the first meeting in 1774 until late in 1776, when he removed
to Shaftsbury on account of the war. He was then an avowed loyalist,
and was punished as such at Bennington. In his exasperation, he
raised a company of loyalists and joined the British army in Canada.
Col. Thomas Johnson of Newbury complimented Capt. Sherwood for
humanity to him when a prisoner in Canada. He was employed by
Gen. Haldimand in the negotiations with Vermont in 1780-'83.—See Vt.
Historical Magazine, vol. 1, pp. 71, 125; Vt. Historical Society Collections,
vol. II, p. 168, and numerous other pages indicated in the index of that
volume; and ante, p. 148, note on John Munro.
2
* See ante, p. 167, note on Dr. Samuel Adams.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 193
BENNINGTON, 25th Oct. 1777.
Dear General,-I am directed to acquaint your Honor of the Necessity
of Building some Barracks, a Hospital, &c. in this place, as there is a
Large Continental Store keep here of Provisions & ammunition for the
use of the Continent, & a Guard to Guard it, as also it is a place where
soldiers Rendezvous, which makes it not only Necessary on acct. of its
being very Troublesome to the Inhabitants, but very inconvenient for
both officers & Soldiers, who are passing to and from the Army. The
Inhabitants of this place have been Willing to Suffer any thing to sup-
port the American Cause, & still are, but if your honor should think ex-
pedient to order Barracks to be Erected it would Greatly Contribute to
the Benefit & Happiness of not only the People but officers and Soldiers
that may be ordered this way. I shall However submit the affair to
your honors direction being assured nothing in the power of your honor
will be wanting that will Contribute to the Hapiness of the People.
I have the Honor to be Dr. General
your most obt. Humble Servant,
By order,
Honble Majr Gen' Gates.
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 29 October 1777.
Philo Hards Wife is permitted to pass with her child to her Husband
at Tyconderoga.
pr. Order,
JOSEPH FAY, Sec'y.
[Oct.] 30th. Resolved that Michael Dunning be a Commissioner of
Sequestration & is hereby appointed. Warrant and Instructions Given.
By order of Council,
JOSEPH FAY, Secy.
Mary Eares [ Ayer or Ayres ] is permitted to Take any of her effects
wherever they may be found, proving her property.
By order of Council,
To whom it may Concern.
JOSEPH FAY, Sec'y.
[Oct.] 31st. Stutly Stafford is permitted to pass to his home & there
remain until further orders, having Taken the Oath of fidility.
By order of Council,
To whom it may Concern.
JOSEPH FAY, Secy.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 31 Oct. 1777.
The bearer John McNeil' is permitted to remain at Lieut. Breaken-
ridges until further orders from this Council, and no other power in this
¹ This case, in connection with that of James Breakenridge, was often
before the Council of Safety, and Governor and Council, and reprieves
were granted from time to time, the result being that Mr. McNeil
took the oath of fidelity and was permitted to remain in the state. He
was for many years and until his death an honorable and useful cit-
izen, widely known as Gen. JOHN MCNEIL of Charlotte.
He was
one of the first settlers of Tinmouth, where his residence was in
1777, when his property was confiscated on account of his being a
loyalist. He seems then to have taken up his residence in Bennington
with James Breakenridge, another very worthy man but unfortunately
a loyalist. From Bennington Gen. McNeil removed to Charlotte with
194 Council of Safety-Aug. 15, 1777, to March 12, 1778.
State than that of this Council will in future presume to violate a per-
mission of this Tennor.
By order of Council,
To whom it may Concern.
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 12th Novr. 1777.
To the Sheriff of the County of Litchfield, [Conn.]
Sir.-The bearer Mr. Abel Hawley informs this Council that he has
a son by the name of Agur Hawley who is confined in the Common
Goal at Litchfield. The Council are unacquainted with the occasition
[occasion] of his confinement at that place, as no person here is able to
give account whether any Mittimus has been given, or whether his case be
Criminal. Should you on Examination find it consistent with good rule
to send him to this Council as he is properly an Inhabitant of this State,
they would Take his case under consideration and endeavor to Deal with
him according to his Merit.
I am Sir your most Obedient Humbl Servant,
By order of Council,
JOSEPH FAY, Sec'y.
BENNINGTON, 12 Nov. 1777.
Dear Sir.-Brigade Major Walbridge, who has undertaken to build a
Store House in this place, has made application to this Council for the
assistants of Lieut. Edgerton & several others of your Regiment, (such
as he may chuse.) The Council submit to your direction whether the
service requires their Immeadiate assistants. If so you will Doubtless
Detain them, if not they may Continue in the Service, and attend the
business as Artificers, for which Lt. Edgerton & other Workmen will be
Allowed 1 dollar pr. Day, in addition to their present pay, & common
hands 4s pr. day. The number wanted will be about 10 which must be
Good Hands. I am directed to present you the Council's compliments.
You will please to accept the Same from
Dear Sir (by order of Council)
Colo. Herrick.
your most Obedient Humble Servant,
JOSEPII FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 13 Nov. 1777.
The following is a Coppy of Jonathan Howards Certificate from
Doct. Roback, vizt.
"Jonathan Howard being unfit for duty on acct. of his Health is per-
mitted to pass to Bennington.
JACOB ROBACK, Surgeon."
Maj. JONATHAN BREAKENRIDGE. They were among the first settlers
and were leading citizens of that town. Breakenridge was the first
Methodist in Charlotte, leader of the first class, then a local preacher,
and always an esteemed citizen. Gen. McNeil was the first town clerk,
March 13, 1787; the first representative in 1788, also in 1789 and '90, '92
and '93, and in 1796; judge of probate in Chittenden county three years,
1787 to '89; and judge of the county court five years, 1789 to 1793. He
was delegate in the convention of 1791, which adopted the constitution
of the United States; and of 1793, which re-arranged the constitution of
Vermont. McNeil's ferry, from Charlotte to Essex, N. Y., perpetuates
the name of Jolin McNeil.-See Vt. Historical Mag., vol. 1, p. 745; and
Deming's Catalogue, 1778 to 1851.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 195
The bearer Jonathan Howard is hereby permitted to pass home, & is
also discharged from the Service.
By order of Council,
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 14 Novr. 1777.
To Lieut. Martin Powel:
Sir,-You are hereby required to Let the bearer Mr. Broomly have
one yoke of oxen formerly the property of Samuel Rose, he giving his
obligation for the Value on Demand, after being appraised by men of
Judgment, or as you & he can agree.
By order of Council,
JOSEPH FAY, Sec'y.
Dr. Sir,-It has been some considerable time since this Council have been
Together, occasioned by the Indisposition of the bodily Health of some
of the Members.-They are now Together and have your Several Letters
of a Late date before them. The Report of the Enemies Evacuating the
Fortresses Tyconderoga & Mount Independence makes it unnecessary
to answer your request for raising the Militia of this State. The Mes-
senger sent after shoes for your Regiment is dailey expected. On his re-
turn shall Let you know his success. The Council are of opinion that
no persons were Included in the Articles of Convention made and Sub-
scribed by & between Lt. General Burgoyne & the Honble Major General
Gates, but those who are actually Included within Burgoynes Lines at
the Time of Subscribing those Articles, therefore naturally Conclude
that those Tory Enemies who were without Burgoynes Lines are not to
be Delt with by the Military, but Civil Law, by which Rule you Doubt-
less Guide your Conduct.
I am Sir, (By order of Council) your
most Obt. Humble Servant,
Colo. Herrick.
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 14 Nov, 1777.
Resolved that Thursday the 4 day of December next be appointed and
hereby is appointed to be observed as a day of Public thanksgiving and
Prayer throughout the State of Vermont.
By order of Council,
JOSEPH FAY, Sec'y.
JOSEPH FAY, Sec'y.
[Nov.] 15th. David Millington & Joseph Hornblower are permitted to
pass to Colo. [John] Brown's Regiment.
By order,
Andrew Stevenson, John Smith, Benoni Pendirk, Daniel Martin, &
Samuel McFarren, is permitted to pass to St. Coik, to Maj. John Van
Ranslears, there to diliver themselves up to the authority of New York.
By Order of Council,
JOSEPH FAY, Sec'y.
To whom it may Concern.
STATE OF VERMONT. Bennington, 15th Nov. 1777.
IN COUNCIL, date above.
Sir :-Inclosed you have a List of the names of five prisoners (& their
crimes) belonging to your State, who have for some days past been Con-
fined in this place. We have thought proper to Take their paroles to
Deliver themselves [to] you as prisoners, & to be subject to the Author-
ity of the State of N. York. You will therefore, after Examining them,
L
196 Council of Safety-Aug. 15, 1777, to March 12, 1778.
send for the Evidence to support the Several Charges against them, &
Deal with them according to the nature of their Crimes.
I am Sir (by order of Council) your
most obedient Humble Servant,
Major John V. Ranslear.
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, Novг. 16 1777.
Resolved that it be recommended and it is hereby recommended to the
Committees of Safety of each Town in this State to Take immediately
under their examination all persons who have been to the Enemy, or
such as are deemed Enemies to their Country, each Committee Taking
under their Examination the persons belonging to their own Town, & in
such Towns where no Committee is appointed to Call the assistants of
neighboring Committee. No person to be tried short of the number of
seven or more Committee men selicted from three different Committees.
In case any such person or persons cannot Satisfy the Inhabitants of the
Town to which they belong, & obtain their Liberty to Remain at home
under proper Restrictions, to send such persons forthwith to this Coun-
cil, with their Crimes in writing & Evidences to Support the Charges
against them.
The Council further Recommend to the respectable [respective] Com-
mittees of Safety in this State to be ever mindful of the Worthy And Lau-
dable Example set us by His Excellency General Washington, & the
Good people Inhabitants of New Jersey, always bearing in mind to Con-
sider the weak Capacities of many who have been affrightened into a Sub-
mission to General Burgoyne &c., after which seeing their Eror confess
their fault & are willing to defend their Country's Cause at the Risque
of Life & fortune.
By order of Council,
THOMAS CHITTENDEN, Pres".
P. S. No persons whatever Included in articles of Capitulation are to
be considered.
Attest,
JOSEPH FAY, Sec'y.
Mary Reynolds is permitted to send for her Gray horse & keep him in
her possession until further orders from this Council.
By order of Council,
To whom Concerned.
JOSEPH FAY, Sec'y.
STATE OF VERMONT. Bennington, 16 Novг. 1777.
IN COUNCIL, date above.
Dear General,-The Council inclose to your Honor a Letter from Lt.
Colonel Herrick which contains an acct. of the Enemies Having avacu-
ated the Fortresses Tyconderoga and Independence, as also a request to
be removed to this place.
The Council would wish to know if your Honor has any further Service
for them in the Northern Department, as this part of the Country seems
at present to be secure on acct. of the Enemies from Great Britain, and
as his Regiment was raised by this State to continue in Service until the
15 day of January next only, it is possible they might be sooner discharged
if not disagreeable to your Honor's pleasure.
I have the Honor to be Dear General your
most Obedient Humble Servant,
by order,
Honble Majr Gen' Gates, Albany.
JONAS FAY, V. P. of Council.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 197
To Captain John Fassit:
17th Novr. 1777.
Sir,-You are hereby Required to Diliver to James Brock his Cow,
which you have in posession, his paying charges due for keeping and
trouble.
By order of the Council,
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 17 Novr 1777.
Isaac Ives it [is] permitted to pass to Wallingford in the State of Ver-
mont.
By Order,
JOSEPH FAY, Sec'y.
18th Nov. This may Certify that Serjeant Silas Livermore has faith-
fully done his duty as Commander of the Guard at this place, & that the
Council have discharged the prisoners from the Guard house, & have no
further service for him.
By order of Council,
To whom Concerned.
JOSEPH FAY, Secy.
The following is a copy sent to the several Committees of Safety in
this State, viz:
Gentlemen.—Inclosed you have a Copy of a Resolve of Council by which
you will be Governed, and with respect to Tory Estates it must be left to
the determination of Council.¹
By order,
THOMAS CHITTENDEN, Pres't.
William Irish is permitted to pass to Tinmouth.
By order,
JOSEPH FAY, Secy.
BENNINGTON, 18 Novr 1777.
Madam,--We reca. your petition S Instant requesting an answer. We
Let you know that we are not destitute of Humane affection Towards all
persons that are in principle and practice friends to America if it be found
in the weaker Vessel. Therefore you are permitted to remain in Peace
where you are until further orders from this or a future Council or a
General Assembly of this State.
By order of Council,
Mrs. Easter Hawley.
JOSEPH FAY, Sec'y.
JOSEPH FAY, Sec'y.
[Nov.] 18. John Foot is permitted to pass from this to Sunderland.
By Order of Council,
To whom it may Concern.
[Nov.] 18. Daniel Hill is permitted to pass to his family in the State
of N. Hampshire.
By order of Council,
To whom it may Concern.
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 18 November 1777.
Benjamin Reynolds & George Gardner is permitted to pass to Pownal.
By order of Council,
Isaac Goodsel is permitted to pass to Wells.
By order,
JOSEPH, FAY, Sec'y.
Jos. FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 19 Novr. 1777.
To Lt. Peter Roberts, Commissioner of Sequestration:
Sir,-You are hereby requested to furnish Colonel Thomas Chitten-
den with a quantity of Hay at Arlington (if any there) for the support of
¹ The resolution enclosed must have been that of Nov. 16, before given.
198 Council of Safety-Aug. 15, 1777, to March 12, 1778.
his cattle, keeping an acct. of the Same, & this order shall be your suf-
ficient Voucher.
By order of Council,
JOSEPH FAY, Sec'y.
[Nov.] 19th. Whereas David Remington, an Inhabitant of this State,
is Guilty of Deserting his Countrys Cause & repairing to the Enemy, &
aiding & assisting the British Troops against the United States of Amer-
ica, by which he is deemed a notorious enemy to his country,
Therefore Resolved that the whole of His Interest within this State be
forfeited & sold for the use and Benefit of Said State.
It is further Resolved that the said David Remington forthwith re-
pair to his family wherever they may be, and never return within this
State without Liberty from proper Authority of this State, upon penalty
of being taken up by any person or persons & brought before any Com-
mittee of Safety or Selectmen, or any proper Authority of this State, &
after being Convicted of such offence to Receive thirty-nine stripes on
the Naked back put on at the Discretion of said Authority, & for every
such offence to be punished as aforesaid.
By order of Council,
THOMAS CHITTENDEN, Pres't.
David Remington is permitted to pass from this to his family wher-
ever they may be.
By order of Council,
To all Concerned.
John McNeil is permitted to pass To Tinmouth.
By order of Council,
To all Concerned.
JOSEPH FAY, Sec'y.
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 19 Novr. 1777.
It is the opinion and Judgment of this Council, that Deacon Azariah
Rude [Rood] pay Capt. John Fassett and his two Lieutenants, Matthew
Lyon and Jonathan Wright, all the Ration money due to them while in
service at Onion River in the year 1776 amounting to Twenty dollars,
Takeing Capt. Fassett's Rect. for the same, being money which said
Rude Drew from the Quarter Master General.
To Mr. Stone:
By order of Council,
JOSEPH FAY, Sec'y.
[Nov.] 20.
Sir,-You are hereby requested to diliver Mr. Frazer the Leather be-
longing to him and Simon Frazer, their paying your Demands for Tan-
ing.
By order,
JOSEPH FAY, Sec'y.
IN COUNCIL, Bennington, 20 Novr. 1777.
Sir,-Inclosed you have a Commission of Sequestration, hope you will
Except the same, wish you wisdom & patience in the due Exertion
[execution] thereof, & am Sir by order of Council your most Obedient
Humble Servant,
Capt. Joseph Bowker.
TÍOS. CHITTENDEN, Prest.
IN COUNCIL, Bennington, 20 Nov. 1777.
Dear Colº. In consequence of your Letter of the 14 Inst. requesting
to be removed to this or some place Nigh this, The Council immediately
Sent an Express to General Gates with a Copy of your Letter, as also a
Copy of Gen. Powels Letter to you, & your answer. The express has
this moment Returned. Inclosed you have a Copy of the Generals Let-
Council of Safety-Aug. 15, 1777, to March 12, 1778. 199
ter, which I think does you and the State of Vermont great honor, & by
which you will find the Generals approbation on your Regiments being
Dismissed. The Council therefore order that your Regiment be Dis-
missed immediately as soon as this Comes to hand unless it will be a
means of Frustrating some plans which you have in prosecution. You
will be able to judge in that affair. I am directed by Council to return
you and the Regiment under your Command, both officers & sol-
diers, their Hearty thanks for their good services to this & the United
States. The Council is also requested by the Honble Major General
Gates to return you his thanks for the good services of your Regiment,
which you will see by his Letter inclosed. I am sir sincerely
your Humble Servant, by order of Counsel,
Colo. Herrick.
To Mr. Alfred Hathaway:
JOSEPH FAY, Sec'y.
[Nov.] 21st.
Sir,-You are hereby required to procure immediately Teames suffi-
cient to Transport Ten berrils flour from Manchester to the Relief of
Colo. Herricks Regiment, Paulet. You are further Authorized to Im-
press Teames where you may find them most convenient for that pur-
pose, for which this shall be your sufficient Warrant.
By order,
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 21st Novr. 1777.
Agur Hawley is permitted to pass from this to Reupert.
By order of Council,
JOSEPH FAY, Sec'y.
BENNINGTON 21 Novг. 1777.
Dr. Sir,-Yours of Last Evining came to hand this Morning forwarded
by Lt Holmes I am ordered by Council to let you know they are much
pleased at the Spiritted Conduct of Major Wait & Capt. Allen, in their
late Expedition by your orders, & that a Coppy of your Letter will be
immeadiately sent to the Honble Major General Gates, which I think can-
not fail to Recommend your Regiment in the Highest Degree. You
will find Inclosed in a Letter from Council of yesterday a Copy of a Let-
ter from General Gates, which does your Regiment Great Honour.
Commissary Sherman (on the Reception of your Letter for Provisions)
made application to Council, on which a press Warrent was Drew to for-
ward Ten berrils of flour from Manchester to your relief with all possi-
ble Expedition.
I am Sir with respect,your real friend & Humble Servt,
By order of Council,
Colo. Herrick.
JOSEPH FAY, Sec'y.
22d Novr. 1777.
STATE OF VERMONNINGTON ZENCIL, date above. }
Gentlemen,- We Recd. the proceedings of your Town in October 25th
ulto. These are to inform you that we have passed a Resolve in what
manner Tories shall be Tried. The Commissioners of Sequestration
have Recd. their orders from Council in what manner to proceed with Tory
Estates & that those who have forfeited their Estates, it is to the State in
General & not to any particular Town, til further orders from this, a
future Council, or General Assembly.
I am Gentlemen By order of Council
your most Obt. Humble Servt,
THOS. CHITTENDEN, P.
To the Inhabitants of Clarendon.
200 Council of Safety-Aug. 15, 1777, to March 12, 1778.
BENNINGTON 22 Nov. 1777.
We have the pleasure to inform your honor of the Success of our
Green Mountain Rangers in harissing the Enemies rear on their retreat
from Tyconderoga in which Capt. Ebenezer Allen with 50 Rangers has
taken 49 prisoners, upwards of one hundred Horses, 12 yoke of oxen, 4
cows & 3 of the Enemies Boats, &c., &c.
Maj. Wait, who was Sent to Take possession of Mount Independence,
found nothing of Consequence there except several Boates which the
Enemy had sunk, in which there was some provisions. All Barracks,
Houses & Bridges were Burnt, Cannon to the number of 40 were Broke
& spiked up. He was so fortunate as to Take one French Settler [sutler]
with some Rum, wine, Brandy, &c. Agreeable to your honor's request
for Colo. Warner to come to Albany, Express was sent & he is to set out
for Albany this Morning.
I have the honor to be (by order of Council)
your Honor's most Obedient Humble Servant,
Honble Maj. Gen¹ Gates.
THOMAS CHITTENDEN, P.
[Nov.] 24th. Resolved that Doctr. Paul Spooner, Col. Peter Olcott &
Capt. Curtis be appointed, and are hereby appointed a Committee to
settle with the Commissioners of Sequestration on the East side of the
Green Mountains in this State, and make Returns to this Council by the
first day of January next.
By order of Council,
JOSEPH FAY, Sec'y.
[Nov.] 24th. Resolved that the members of Council belonging on the
east side of the Green Mountains in this State, Together with the above
Committee appointed to Settle with the Commissioners of Sequestra-
tion, be appointed and are hereby appointed with full powers to Deter-
mine the distination of all such persons whom the Committees of Safety
deem to be dangerous persons to remain within this State or the Town
to which they belong, also to Determine with respect to the Confisca-
tion of such Estates.
By order,
THOMS. CHITTENDEN,
Pres'.
IN COUNCIL, Bennington, 25 Novr. 1777.
Dear General,-I am directed by Council to Inform your honor, that
the prisoners Taken by Capt. Allen on the West side Lake Champlain
have arived at this place. The Council thinks proper to send them to
Albany where your honor can dispose of them as you shall think proper
as the most part of them are Tories belonging to the State of N. York.
Several of them pretend they were included in the Capitulation Between
your Honor & General Burgoyne. Be that as it will they was found aid-
ing & assisting the Enemy to Drive their Cattle to Canada. Your hon-
or's Wisdom will be sufficient to direct in this affair.
I have the honor to be, (by order
of Council,) Your honor's most
Öbedient Humble Servant,
Honble Majr Genl Gates.
THOS. CHITTENDEN, P.
Bennington 25th Nov. 1777.
To Capt. Samuel Robinson:
Sir,-You are hereby required to Take Seven men of your Company
of Militia, Together with Eight of the Rangers, who Guarded the prison-
Council of Safety-Aug. 15, 1777, to March 12, 1778. 201
ers from Paulet to this place, & take the Command of the Guard, &
March the Prisoners now in the Guard House immediately to Albany, &
diliver them to the Honble Major General Gates.
I am Sir, (by order of Council,) your most
Obedient Humble Servant,
THOS. CHITTENDEN, P.
IN COUNCIL, 25 Novг. 1777.
Sir, The Confusion & Multiplicity of Business Occasioned by the
Unhappy War in the Northern Department since the appointment of this
Council has prevented their being able to git the constitution printed which
oblidges us this Council to desire you to Call together the old Conven-
tion to meet at Windsor, on Wednesday the 24 of December Nexte, which
you will not fail to do. I am Sir (by order of Council,)
your most Obedient Humble Servant,
THOS. CHITTENDEN, P.
Capt. Bowker, [President.]
P. S. The business of the Convention will be to Adjourn the meeting
of the General Assembly.
THOS. CHITTENDEN.
28 Nov 1777.-Capt. Jonathan Fassett commissioned to Sequester
Tory effects, [to] last during the pleasure of this Council or other Legisla-
tive body within this State.
JONAS FAY, V. P.
BENNINGTON, 29th November 1777.
Dear General,-I am directed by this Council to acquaint your honor,
that the prisoners taken by Capt. Allen have arrived at this place, and
on examination find (to our surprise) a number of them to be included
in the articles of Capitulation, therefore think to Inclose a particular re-
turn of them & beg your honors further direction. Notwithstanding
your orders to send them to Hartford in Connecticut yet least it might
be disagreeable to your honor to send any who were destined to Canada,
altho when Taken were found aiding & assisting the Enemy to drive
Cattle & secure their effects, thought proper to acquaint your honor with
every particular Circumstance. Beg your direction by the bearer, which
will be chearfully Complied with by your Honors
most Obedient Humble Servant,
Honble Major Gen' Gates.
THOM. CHITTENDEN.
STATE OF VERMONT. Bennington, 3 December 1777.
Sir, I have it in Command from the Honble Major General Gates to
Send all the Prisoners of War (Confined in this place) to Hartford in
Connecticut & Deliver them to your Charge. I have Transmitted a par-
ticular return of them to the Commissary of Prisoners at Albany. You
will be able to Take a particular acct. of them from their own Declara-
tion.
I am Sir by order of Council
your most obt. Humble Servant,
Ezekiel Williams, Esqr-
JONAS FAY, V. P.
Com" of Prisoners, Hartford.
BENNINGTON, 4 December 1777.
This day sent to Captain Elkanah Cook to proceed on business accord-
ing to Commission of Sequestration sent him. This letter sent by Mr.
Stephen Williams.
Jos. FAY, Sec'y.
15
202 Council of Safety-Aug. 15, 1777, to March 12, 1778.
Resolved that Joseph Smith and Abraham Salisbury be appointed &
they are hereby appointed Commissioners of Sequestration. Warrants
delivered for the same.
JOSEPH FAY, Secy.
Letter sent to John McConnel, Manchester, to Diliver up the Cow in
Custody belonging to this State to Lieut. Powel to be kept until further
orders.
Jos. FAY, Sec'y.
Andrew Barton¹ is permitted to pass to New Haven & Return to this
Council by the 10th day of January next for Tryal.
By order of Colo. Chittenden,
Jos. FAY, Sec'y.
N. B.-he is also permitted to Take home one cow which [he] Left
on Otter Crick.
IN COUNCIL, 8 December 1777.
Sir, Yours of the 17 Instant [ultimo] came to hand this morning re-
questing to have the Evidence of Galord Hawkins sent to you. I am
directed by Council to acquaint your honor that he has Contrary to Ex-
press orders from Council left this Town, & as his Crimes was committed
in this State, think proper that he be sent Immeadiately to this place for
Trial.
I am Sir (by order of Council)
your most Obt. Humble Servant,
Edward Hinman, Esq., Woodbury, [Conn.]
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 12 Decr. 1777.
The Committee of Safety for the Town of Dorset are this day certified
that Asa Bawldwin, Samuel McCoone, Wm. Underhil, Thomas Bawld-
win & Moses Veal are discharged for whatever they may have said or
acted relative to the dispute between Great Britian and America to the
23ª day of September last.
By order of Council,
JONAS FAY, V. President.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 20th Decr. 1777.
This day given Colonel Chittenden an order to Take one Cow belong-
ing to this State, now in the Custody of John Conner of Manchester,
which Cow is to be appraised and an acct. Returned to this Council.
By order of Council,
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 20 Decr. 1777.
Andrew Hawley is permitted to Take his Gun, first obtaining Liberty
of the Committee of Safety, and Return it to Committee within six
weeks from this date.
By order of Council,
To all Concerned.
THOS. CHITTENDEN, Pres'.
The end of the Proceedings of Council as Recorded in Book No. 1,
entered in this Book this 22d day of March, 1788.
By order of the Governor and Council,
JOSEPH FAY, Sec'y.
¹ Mr. Barton was subsequently examined and acquitted.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 203
Note by the EDITOR.—From the number of pages on the manu-
script record, it appears that "Book No. 1" must have contained only
about one quire of paper. The use of such books, probably unbound,
with the further fact, indicated elsewhere, that the entries of some sittings
of the Council were made on loose sheets, accounts for the incomplete-
ness of the present official record of proceedings previous to 1788.
Next in order on the official record, (though dated in September 1777,)
is the following entry, which is given here simply to indicate that it is
a part of the record. The letters, which followed it, have been inserted
in chronological order with the other proceedings of the Council.
BENNINGTON, 17th Sept. 1777.
The following are copies of letters written by the Council commencing
date above, & ending the 17th of Feb. 1778.¹
STATE OF VERMONT. IN COUNCIL OF SAFETY,
Bennington, 3d Jany. 1778.
}
Bennet Bardsley is permitted to pass from this to his home in Man-
chester & return to Council the 8 Instant.
By order of Council,
To all Concerned.
JOSEPH FAY, Sec'y.
2
Resolved to appoint Moses Robinson of Rupert a Commissioner of
Sequestration of that Town. His Commission & Instructions Sent to
him for that purpose.
By order of Council,
JOSEPH FAY, Secy.
Resolved that Captain John Fassett Jur. be & he is hereby appointed
a Commissioner of Sequestration for the Town of Arlington. Commis-
sion & Instructions Dilivered.
By order of Council,
JOSEPH FAY, Sec'y.
IN COUNCIL OF SAFETY, 6 Jan³. 1778.
Resolved that it be recommended to the Committee of Safety Con-
vened in Convention for the Towns of Shaftsbury, Bennington & Pow-
nal, to Strictly Examine into the particular Circumstances of the Es-
tates of all such persons as they have had under Immediate Examination
& are deemed to be Enemies to this and the United States of America,
& as soon as may be Transmit to this Council a Copy of their Opinion
of all or any part of Estates that are Justly Forfeited to this State.
The first letter recorded bore date Sept. 17, 1777, and it is probable
the letters were originally copied on sheets separate from the minutes
and were afterwards transferred to the official record in a body, as they
now stand there.
2 MOSES ROBINSON of Bennington was Councillor in March 1778 and
afterward judge of the supreme court, governor, and U. S. Senator; and
MOSES ROBINSON of Rupert represented his town in the Assembly of
March 1778 and for several succeeding years.
204 Council of Safety-Aug. 15, 1777, to March 12, 1778.
BENNINGTON, 7 January 1778.
Sir,-You may remember that on the 21 day of October Last Judg-
ment was had against you by the Council of the State of Vermont in
favor of Mr. Job Wood in which Tryal you was to pay the Cost which I
find on Examination to amount to about £5 0 0. Mr. Job Wood now
present requests the Authority of Council to interpose in his behalf. On
this Indulgence of Council it is Expected you will pay his bill on Sight.
Should you Refuse, you need not Expect a second Indulgence in the
Premises. I am your friend & Humble Servt,
Mr. Eben. Wood.
JONAS FAY.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 9 Jany. 1778.
This may Certify all whom it may Concern that Bennet Bardsley was
Tried before this Council on the 24 day of September last for Enemical
Conduct, and that he did satisfy the Judgment of Council upon which
he was discharged.
And Whereas the Convention of Committees have Since taken him
under their Examination & Adjudged him to be Enimical to the Liber-
ties of America & Referred him to this Council to dispose of him as they
think proper, They finding no Crimes against him (Transacted since his
Trial aforesaid) do hereby discharge him, & he is permitted to pass to
his home and there remain Unmolested, under the Inspection of the
Committee, his Behaving as Becometh a friend to this & the United
States of America. By order of Council,
Attest, Jos. FAY, Sec'y.
JONAS FAY, V. Prest. of Council.
[January] 9th.
To Lt. Peter Roberts:-You are hereby required to Diliver Bennet
Bardsley his horse & other effects, which you lately [took] as his Estate
by virtue of your Commission of Sequestration for the use of this State.
By order of Council,
JOSEPH FAY, Sec'y.
STATE OF VERMONT.
IN COUNCIL, Bennington 10 Jan'. 1778.
Dear Sir,-At the last Sitting of the General Convention at Windsor
the 24th of Decr. last they were pleased to Choose you a member of the
body. Ira Allen Esqr. was appointed to advertise you therewith & de-
sire your Immediate Attendance at this place; And least he should
through hurry of business have neglected it, the Council Congratulate
you on your appointment & Request your attendance without loss
of Time, as much businsss is on hand of Absolute Necessity to be im-
mediately Compleated, as Settling with the Rangers, &c.
I am Dr. Sir your most Obedt. Humble Servant,
Benjamin Carpenter, Esqr.
JONAS FAY.
BENNINGTON 12 Jany. 1778.
Sir,—Yours of this days date is now before the Council in which you
request to know whether Thomas Barren & Jonathan Nicholdson are
prisoners of War. The Council have wrote to Gen. Gates on the Subject,
who says in his answer they are by all means to be deemed as Such.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 205
The Council therefore Expect you to Provide for them their rations on
application until an Opportunity shall Present for disposing of them
Otherwise.
I am Sir your Humb. Servant,
William Sherman, Esq”.
Commisary.
}
By order of Council,
JONAS FAY, V. President
of Council.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 12th Jany. 1778.
Gentlemen, On application of Mr. Butterfield forwarded by the Honble
Colo. Chittenden, this Council have Taken into Consideration the Mat-
ter relative to the Estate the former property of James Hard¹ late of
Arlington, and are of Opinion that you have good right to rent the whole
agreeable to your Instructions in your Commissions (except but for one
year from the first of April next) Notwithstanding the Womans Deed
(Distinct) or otherwise from her husband.
I am, Sir, your Most Obedt. Humble Servant,
Capt. Fitch & Lt. Roberts,
Commissioners Sequestration
}
JOSEPH FAY, Secy.
STATE OF VERMONT, IN COUNCIL OF SAFETY,
Bennington, 12th Jany. 1778.
}
This Council having taken into Consideration the application of the
Honble General John Stark requesting ten effective men to be immediately
Employ in Beating & Treading the Snow in the Road Leading from
this place thro the pass of the Green Mountains to Col. William Wil-
liams in Draper Alias Wilmington within this State, do hereby Grant
the said request, & order that Capt. Samuel Robinson, overseer of the
Tories, provide such numbers properly officered & equippt with pro-
visions and other requisite necessaries for such Service, who are to be in
readiness to March Immediately.
Attest, Jos. FAY, Sec'y.
By order of Council,
JONAS FAY, V. P.
Jan. 12 1778.
To Capt. Sam¹· Robinson, Overseer of Tories:
You are hereby required to Detach Ten effective men under your Com-
mand with proper officers to take the charge and March them in Two
Distinct files from this place through the Green Mountains to Col Wm.
Williams Dwelling house in Draper Alias Wilmington within this State,
who are to March & Tread the Snow in Sd. Road to suitable width for a
Sleigh or Sleighs with a Span of Horses on Each Sleigh, and order them
to return Marching in the Same manner to this place with all con-
venient Speed. By order of Council,
JONAS FAY, V. P.
N. B. you are to order 3 days provisions to each
of such men & the same to be Cooked this day &
to March at 6 Clock tomorrow morning.
JOSEPH FAY, Secy.
Attest,
JONAS FAY, V. P.
BENNINGTON, 13 January 1778.
The petition of John Payne, John Ordway, Comfort Sever & their
associates, being presented to this Council, having Taken the Same under
their Consideration, Voted that said petition remain in this office on file
¹ Hard was proscribed by the act of Feb. 26, 1779.
206 Council of Safety-Aug. 15, 1777, to March 12, 1778.
& at the sitting of the General Assembly of this State to be laid before
them, being the first Petition made for the Grant of the Land therein
Mentioned. 1
By order of Council,
Attest, JOSEPH FAY, Sec'y.
THOS. CHITTENDEN Pres't.
[Jan.] 13th.
To Irael Camfield, [Israel Canfield,] at Arlington:
You are hereby ordered to deliver to the Bearer Mr. Daniel Sherman,
Ten sides of Neates Leather & Two sides of horse Hide.
Pr order of Council,
THOS. CHITTENDEN, Pres't.
[Jan.] 13th.
Benjamin Eastman of Arlington is permitted to remain at home until
further orders from this Council he Behaving as becometh.
By order of Council,
THOS. CHITTENDEN, Pres'.
Resolved that it is the Opinion of this council that Abner Wolkuts²
Estate is & it is hereby Declared to be forfeited to this State.
Attest, Jos. FAY, Sec'y.
(by order of the Council)
TпOS. CHITTENDEN, Pres't.
BENNINGTON, 13 Jany. 1778.
}
STATE OF VERMONT. IN COUNCIL, date above.
To Mr Peter Hawley:
Sir, -Please to deliver to the Bearer James Lewis Seargeant Major
one & a half Bushels Wheat.
pr order of Council,
THOS. CHITTENDEN, Prest.
[Jan.] 14.
This Council Having this day examined the Complaint and evidence
against Mr. Andrew Barton relative to Enimical Conduct against the
United States of America, do hereby Acquit him from Such Complaint,
& do Also permit him to pass & repass on his Lawfull business unmo-
lested.
By order of Council,
JOSEPH FAY, Sec'y.
To whom it may Concern.
-14.-
Resolved that it is the opinion of this Council that Deacon Azariah
Rood is guilty of Enimical conduct against the United States of America,
therefore Voted that he pay a fine of thirty pounds L. Money for the
use of this State & to Stand Committed until this Judgment be Complied
with. Further Resolved that said Rude is not permitted to go further to
the Northward than the North line of Rutland within this State on pen-
alty of forfeiting & paying a fine for the use of the Same.
By order of Council,
Attest, Jos. FAY, Sec'y.
THOS. CHITTENDEN,
Pres't.
and
¹This was the first petition made to Vermont for a grant of land,
the original is in the office of the Secretary of State. In response, the
township of Bethel was granted.
2 Abner Wolcott of New Haven was proscribed by the act of Feb.
26, 1779.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 207
IN COUNCIL, Bennington 14 Jan³. 1778.
This Council having Taken under their Examination the Complaint of
Captain Samuel Robinson against Deacon Azariah Rude for defrauding
& endeavoring to cheat him the said Robinson out of Seventy Seven dol-
lars Billiting Money, &c., And do hereby Resolve that the said Rood
pay Capt. Robinson Seventy Seven dollars being his demand for billet
money, & pay Cost & to stand Committed until this Judgment be Com-
plied with.
By order of Council,
Attest, JOSEPH FAY, Secy.
The above Judgment satisfied & paid.
THOMS. CHITTENDEN, Pres't.
Jos. FAY, Secy.
STATE OF VERMONT. IN COUNCIL, 14 Jan³ 1778.
Whereas many of the Inhabitants of this State are drove from their
Possessions the last year by the Enemy, by which means they have been
Prohibited the Benefit of Securing their Corn, Grain, &c. & from
making the necessary preparations for a future Crop, by which meanes
there appears to be Great Danger of such Inhabitants & others Suffering
for Want thereof, And Whereas it has been Represented to this Coun-
cil that Considerable Quantities have been & still are daily Trans-
ported out of this State, To prevent such Inconveniency in future, this
Council have Taken the same under their consideration, & have thot fit
& do hereby Resolve that no wheat, rye, Indian Corn, Flour, or meal be
Transported out of this State, or sold to any person not residing within
the Same (except Continental Stores) after the date of this Resolve, ex-
cept they have a pormit from this Council, or General Jacob Bayley, Col.
Peter Olcott, Colo. Joseph Marsh, Colo. John Barret, or any two of them.
Any person or persons Violating this Resolve shall on Conviction
thereof, before 5 or more Committee men of the Town, or Towns, ad-
jacent to where such grain, Flour, or meal is carried from, (who are
hereby Authorized to hear, Judge & Determine the Same,) shall forfeit
such Load or quantity of Grain, Flour, or meal & three fold the Value
thereof in money, one half to be given to any person or persons prose-
cating to effect, the other half to be Converted to the use of this State,
& this Council do hereby Recommend it to the Several Committees of
Safety within this State to See this Resolve duly Observed, any one of
whom is hereby Authorised to Seize, or on Complaint & application to
Issue his Warrant to seize & Detain any such article before prohibited,
& cause such person or persons to be examined & Tried as aforesd.
This Resolve to Continue in force until the first Day of June next unless
otherwise determined by the General Assembly of this State.
By order of Council,
Attest, Jos. FAY, Sec'y.
THOS. CHITTENDEN, P.
IN COUNCIL OF SAFETY, 15th Jany. 1778.
This may Certify whom it may Concern that Deacon Azariah Rude¹
accusers.
1 Judging from charges against Mr. Rood, and judgments of the Coun-
cil, he could not have been very highly esteemed as a deacon by his
It should be remembered, however, that his patriotism was
doubted and his accusers were zealous whigs who would naturally judge
him harshly. The record shows that he respected the judgments against
him and took the oath of fidelity. It may be added that he kept it faith-
208 Council of Safety-Aug. 15, 1777, to March 12, 1778.
!
having passed Examination before this Council and Voluntarily Taken
the Oath of Fidelity to the United States of America, has liberty to pass
from this to Rutland & repass on his Lawful business any where to the
Southward of this State, his behaving as becometh a friend to this &
the other States of America.
By order of Council,
To all Concerned.
Jos. FAY, Sec'y.
Resolved that Messrs. John Wood & Benjamin Fay be & are hereby
appointed assistants to Capt. Samuel Robinson as overseers of Tories.
By order of Council,
THOS. CHITTENDEN, Pt.
Attest, Jos. FAY, Sec'y.
16 January 1778.
To Reuben Sealey & the rest of the Heirs of Ephraim Sealey, late of
Danby Deca:
You are hereby Notified to appear before this Council on Thursday
the 224 Inst. to show cause (if any you have) why the real Estate of
Ephraim Sealey aforesaid shall not be Confiscated to this State.
By order of Council,
Attest, Jos. FAY, Sec'y.
THOS. CHITTENDEN, Pres".
BENNINGTON 17 January 1778.
Whereas the Council must Take a Considerable Part of their time from
this date to prepare matters to be Laid before the General Assembly--
And Whereas there has been for some time past and probably will in
future many things be laid before this Council that are of a private na-
ture which Intercepts & hinders them from pursuing the business they
were principally appointed for by the Convention of this State, there-
fore Resolved that from this date until the 224. of this Inst. January, &
from the 5 of Feby until the 12th day thereof, this Council will Attend
on business of a Private nature, and at no other Time until the Sitting
of the Assembly.
By order of Council,
THOS. CHITTENDEN, Pres't.
The above Advertisement to be made public.
To Mr. Eli Roberts:
-17.-
You are hereby fully authorized & Impowered to take into your Cus-
tody all the moveable effects of David Remmington and Abner Wolcott,
Except what Humanity requires for the support of sd. Wolcott's Family,
fully. Deacon AZARIAH ROOD, of Lanesboro, Mass., was one of the
three first settlers of Jericho in 1774, the first selectman chosen, and the
chairman of the committee to hire the first candidate as clergyman. He
died in 1795, leaving a son, THOMAS DARKELY ROOD, a model deacon,
who left two sons, both clergymen of repute, Rev. HEMAN ROOD, D. D.,
head of the theological seminary at Gilmanton, N. H., and afterward
clergyman at Hartford, Vt.; and Rev. ANSON ROOD, pastor for several
years of a congregational church in Philadelphia, where he died.—See
history of Jericho in Vt. Hist. Mag., vol. I, pp. 829-832. The editor re-
members one of these clergymen as principal of Washington county
grammar school.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 209
& also to seize & Lease out to some proper person the Real Estate of the
aforesaid persons not Exceeding one year from next April. The movea-
ble Estate you will Sell at Public Vandue or otherwise as you shall think
best. You will out of the avails of the moveable Estate of Abner Wol-
cott supply his family with provition until further orders, the overplus of
money after your Cost (if any be) you will return to the Treasurer of
this State. You will keep a true & Just account of all that you Sell, &
the price of what you expend for the use of the Family, any other Com-
missioners authority Notwithstanding in the State of Vermont.
THOS. CHITTENDEN, Pres't.
By order of Council,
STATE OF VERMONT. IN COUNCIL OF SAFETY, 19 January 1778.
Whereas sundry Inconveniences have arose by reason of the Commis-
sioners of Sequestration Interfering one with the other; therefore Re-
solved that no Commissioner of Sequestration for the future be allowed
to Transact Bisiness for this State in any Town where there is a Com-
missioner appointed. And when any Commissioner has Transacted
Bisiness before this date in any Town where there is a Commissioner
now appointed, they are directed to Transfer their business done in
sd Town over to said Commissioner.
By order of Council,
Attest, JOSEPII FAY, Sec'y.
THOS. CHITTENDEN, Prest.
BENNINGTON 20 January 1778.
This may Certify whom it may Concern that Thomas Tuttle having
passed Examination before this Council that he appears to be a friend to
the United States of America.
By order of Council,
Attest, JOSEPH FAY, Secy.
THOS. CHITTENDEN, Pres't.
[Jan.] 20th. Permission is hereby granted to the bearer Alexander
Gourdou to Transport 20 bushels Wheat & fifteen of Indian Corn out of
this State agreeable to a former Contract (certified on Oath) made pre-
vious to the Resolve of Council Laying an Embargo on Wheat, &c.
THOS. CHITTENDEN, Pres".
By order of Council,
[Jan.] 21. This Council having Taken into Consideration the Com-
plaint of Witherel Wittum against William Wheeler, & having heard
the Several Evidences relative to the case, of opinion that William
Wheeler pay Witherel Wittum two pounds sixteen shillings Lawful
Money, which is the demands of the Execution against Wittum for cost,
&c. & pay the cost of suit ammount to £2 12 0 L. Money.
By order of Council,
Attest, JOSEPH FAY, Sec'y.
To Mr. Bottom of Shaftsbury:
THO. CHITTENDEN, Prest.
IN COUNCIL, Bennington 22 Jan³. 1778.
Sir,-You will please to Deliver Christopher Roberts three sheep
which you have in your Custody, supposed to be the property of this
State, his paying your reasonable Charges for their Keeping, &c.
By order of Council,
THOS. CHITTENDEN, Prest.
Benjamin Eastman is permitted to return from this to Arlington &
their remain until further orders.
By order of Council,
To all Concerned.
THOS. CHITTENDEN, Prest.
210 Council of Safety-Aug. 15, 1777, to March 12, 1778.
To John Reynolds:
Sir, Please to deliver to Mr. Christopher Roberts one sheep which
you have in your Custody supposed to be the property of this State, his
paying your reasonable Charges for keeping, &c.
By order of Council, THOMAS CHITTENDEN, Pres't.
[Jan.] 22. Permission is hereby given to the bearer Arad Ivril¹ to Trans-
port five hundred Wt of Flour out of this State agreeable to a former
Contract (certified under Oath) made previous to the Resolve of the
Council Laying an Embargo on Wheat, &c.
By order of Council,
To all Concerned.
THOS. CHITTENDEN, Prest.
IN COUNCIL, Bennington 23 January 1778.
Whereas Repeated applications have been & are like to be made to
this Council by the Tories now in this place destined to hard Labor for
permits to go to their homes by which means this Council is much Ob-
structed in their more immeadiate & necessary business, to [prevent]
such inconveniences in future,
Resolved that Captain Samuel Robinson & his assistants be hereby
Authorized to permit the Several Tories of the First Class to go home
for a necessary Limited Time (at their discretion of the said Robinson
& his assistants,) on Extraordinary Occasions, as in case of sickness, &
distress of their Families, &c.
By order of Council,
Attest, JOSEPH FAY, Sec'y.
THOS. CHITTENDEN, Pres't.
The above sent to Capt. Samuel Robinson.
23d. This Council are of opinion that John McNeil has been under
Confinement 15 days Contrary to the True intent of the Committee be-
fore whom he had his Tryal & as he appears to be out of Health you
have therefore Liberty to give him a pass to go home & remain there
unmolested 15 days.
By order of Council,
Captain Sam'. Robinson.
THOMS. CHITTENDEN, Pres't.
STATE OF VERMONT. IN COUNCIL, Bennington 24 January 1778.
Whereas it has been Represented to this Council, that divers persons
(to the great disadvantage of this State) have bought & sold to the In-
habitants in small quantities, & at Exhorbitant prices, (& Continue so
to do) certain Spirituous Liquors, whereby drunkenness, Idleness, Quar-
rels, &c. &c. is promoted among us, which Evil to prevent in future,
have thought fit and do hereby Resolve that the Committees of Safety,
Selectmen, & Constables of Each Town within this State, shall meet
Together at some convenient place within each respective Town on the
second day of March Next, & Nominate by their Major Vote a Sufficient
number of suitable persons to keep houses of public Entertainment for
Travellers for the year Ensuing, or until otherwise ordered by the Gen-
eral Assembly of this State, & return their Names to this Council, or to
any two of the members thereof, who are hereby fully Authorized and
Impowered to Grant License for that purpose Taking one Dollar or six
shillings as a fee for the Same.
Further Resolved that if any person or persons within this State not
Licensed as above shall after the 30 day of March next presume directly
1
¹ Probably Avrill or Averill, of Sunderland.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 211
or indirectly to sell any kind of Spirituous Liquors, in any less Quantity
than one Quart, nor any quantity to be Drank in or about his, her, or
their house or houses, for any such offence being thereof duly convicted
before three of the Committee men of the Town where such offence is
Committed, (who are hereby fully authorized and impowered to hear and
Determine the same,) shall forfeit & pay the sum of Six pounds Lawful
Money, the one half to be applied for the use of the Town where such
offence is committed, and the other half to be given to the person Com-
plaining & prosecuting to effect.
By order of Council,
Attest, JOSEPH FAY, Sec'y.
THOS. CHITTENDEN, Pre't.
IN COUNCIL, Bennington 24 January 1778.
Permission is hereby Given to the Bearer hereof, Mr. David Safford,to
Transport two Thousand Wt. of flour out of this State, agreeable to a
former Contract made previous to the Resolve of Council (Certified on
Oath) Laying an Embargo on Wheat, &c.
By order of Council,
To whom it may Concern.
THOMAS CHITTENDEN, Prest.
24. Resolved that Captain [Zadock] Averis be directed to Employ
Abner Wolcott in the Service of the Continent while necessary, unless
otherwise ordered by this Council, & that Capt. Averis make return of
said Wolcott & his doings to this Council.¹
By order thereof,
MOSES ROBINSON, P. P. Tem.
24. Permission is hereby given to Abner Wolcott to pass from this
place to Skeensboro to join Capt. Zadock Averis.
pr. Order of Council,
MOSES ROBINSON, P. P. Tem.
24. Resolved that this Council will give a bounty of Ten dollars for
the Encouragement of Raising three hundred men under the Command
of Lt. Col. Herrick to each Non-Commissioned officer or Soldier who
shall inlist for a Certain Expedition to [Canada] now on foot.
IN COUNCIL, Bennington, 28 Jany. 1778.
This day passed an order & directed the same to Capt Sam. Robinson
overseer of Tories or either of his assistants to Take under their direc-
The editor supposes this to be ZADOCK EVEREST, though the bio-
graphical notice of him in the Vt. Hist. Mag. gives him no military title.
His special business at the above date and afterward appears to have
been to look after inimical persons. ZADOCK EVEREST came from Con-
necticut into Addison in 1765, with two others, who were the first Eng-
lishmen who settled in that town. He opened the first public house in
Addison county, but was forced to leave it on Burgoyne's invasion in
1777, going to Pawlet and remaining until 1784, when he returned to
Addison. He represented Pawlet in the first General Assembly, March
1778; Panton in 1785; and Addison in 1788, '89 and '95. BENJAMIN
EVEREST of Addison, whose military exploits and adventures form a
long and interesting chapter, was a brother of Zadock.-See Vt. Hist.
Mag., vol. 1, p. 10.
212 Council of Safety-Aug. 15, 1777, to March 12, 1778.
tion & immediately Employ Thomas Brayton & Enter him in the first
Class agreeable to the direction of the Committee of Clarendon.
THOS. CHITTENDEN, P.
By order of Council,
To Capt. Samuel Robinson or either of his assistant overseers.
29 Jany.
Whereas reports to the prejudice of the Rangers & others have circu-
lated among the people, & have also been made to this Council, that
great injustice have been done to the Inhabitants by them, they having
plundered them contrary to Express orders and designs of this Council,
and Whereas some of the officers [of the] Rangers have moved that a
Trial be Indulged them that thereby their characters may be established
and Blame fall only on the Guilty (if any there be,)
Therefore Resolved that all persons be & they are hereby Notified to
bring information or evidence to this Council of the effects plundered or
Taken from them, & by whom, or what party, Attested on Oath before
the Chairman of any Committee of Safety, the 25 day of February next,
& all persons Neglecting to Exhibit their Complaints on the above said
day, shall be forever foreclosed bringing in such Complaints, & Reports
to the prejudice of any officer or Soldier, or any other persons relating
to the premises, shall not be noticed but Treated as Scandalous Libels.
Provided Always that nothing in this Resolve be construed that any
Complaint against any person for plundering that shall be found out
after the 25 day of Feby next be Excluded.
By order of Council,
Attest, JOSEPH FAY, Sec'y.
THOS. CHITTENDEN, P.
29. The bearer Lt White is permitted to Carry Wheat out of this
State that is due to him on a Certain subscription for Clearing a Road, to
the amt of 20 bushels.
By order of Council,
To whom it may Concern.
THOMAS CHITTENDEN, P.
30. This day Major Jeremiah Clark is permitted to Transport nine
bushels of wheat out of this State.
By order of Council,
To whom it may Concern.
To Capt. Elkanah Cook:
THOMAS CHITTENDEN, P.
January 30th 1778.
You are hereby directed to let the Heirs of John Curtis improve
the farm formerly belonging to him during the Life of said Curtiss wife,
their giving sufficient bonds to Maintain the said John Curtiss wife dur-
ing her Life.
By order of Council,
To Capt. Elkanah Cook.
THOS. CHITTENDEN, Pre".
BENNINGTON, 30th Jan. 1778.
Mrs. Munro is hereby Permitted to remain in possession of the House
& farm formerly the possession of her husband (John Munro Esq".) un-
molested until further orders from this or some future Council or Gene-
ral Assembly of this State.
By order of Council,
To whom it may Concern.
THOS. CHITTENDEN, Pre.
STATE OF VERMONT. IN COUNCIL, Bennington 31t Jany. 1778.
Sir,-You are hereby directed to dispose of the Grain belonging to
this State to such of the Inhabitants as have been drove from their
|
Council of Safety-Aug. 15, 1777, to March 12, 1778.- 213
farms, &c. by the Enemy (as they may apply to you) at the Common
Price which is for Wheat 3 Dollars pr bushel. You will reserve all
Spring Grain for Seed.
I am Sir by order &c.
Michael Dunning Esqr-, Pownal.
JOSEPH FAY, Sec'y.
BENNINGTON, 31 January 1778.
Dear General,-I am directed by this Council to inform your honor,
that application has been made to this Council by Colo. Herrick for a Sum
of Money to assist him in Raising three hundred Troops for a Certain
Expedition upon which a Bounty upon Each man he should obtain was
Granted, after which application was made for Recruiting Money for the
officers which was not fully Complied with, [on account of] which No
Doubt your honor has been informed, that Colo Herrick is like to dis-
appoint you in your request to him. Being Concerned that the Expedi-
tion to this State is of the Utmost importance (could it be performed,)
would acquaint your honor, that on the least application made by you to
this Council, any number of Troops possible to be raised shall be at your
Command. Desire your honor would favor this Board with the particu-
lar Method in which the State of N. Hampshire raises their Troops for
this Expedition, as also the Encouragement provided by the Continent.
Yesterday Reca Certain Intelligence that the Lake is Closed with Ice.
I am Sir with Sentiments
of Esteem (by order of Council)
your most Obt Humble Servant,
Honble Brig'r Gen' Stark.
THOS CHITTENDEN, Prest.
IN COUNCIL, Bennington 24 Feb. 1778.
Whereas Andrew Hawley of Arlington has been had before this Coun-
cil for Enimical Conduct towards the United States of America, & has
made Satisfaction for such public Offence, Nevertheless it is not ment to
Excuse him from making restitution for any Injury done any private
persons, but it ought to be made to appear that such injury be done by
[his] own person or otherwise by his own actual procurement.
I am Gentlemen yr. most Obt Humble Servt.
By order,
JOSEPH FAY, Sec'y.
To the Gentlemen sitting on Arbitration on a dispute between Wm. Searls
& Andrew Hawley.
Feb. 2.-Lt William Hutchins is permitted to Transport 4 bushels
Wheat out of this State.
By order of Council,
To all Concerned.
JOSEPH FAY, Sec'y.
IN COUNCIL, 3d Feby 1778.
Sir,-You are hereby directed to Lease that part of the Farm formerly
improved by Capt. Hard of Arlington (now Claimed by his wife) to
Jacob Galusha except 5 acres of plow Land & 5 of fallow, which Mr. But-
terfield is to have, said Galusha Entering into Bonds for the Support &
Maintainance of Capt. Hard's Family during the Time he improves sd
THOS CHITTENDEN, Pres",
Farm.
By order of Council,
Capt. John Fassett Jur, C. S.
214 Council of Safety-Aug. 15, 1777, to March 12, 1778.
IN COUNCIL, Bennington 3ª February 1778.
This Council do hereby Permit the Bearer Elnathan Murwin to In-
ventory his Brother Israel Murwin's Estate (late Decd) & settle the
Same keeping a Regular account to Exhibit to this Council whenever
demanded.
By order of Council,
Attest,
JOSEPH FAY, Sec'y.
THOMAS CHITTENDEN, Pres'.
IN COUNCIL, 4 Feby 1778.
Orders to the several Colonels of Militia as follows vizt:
Sir-You are hereby required to return to this Council on or before
thursday the 12 day of March next, the number of Male Inhabitants In-
cluded within the Limits of your Regiment from the age of sixteen to
sixty years of age of what Denomination soever (Ministers of the Gos-
pel excepted,) as also the names of the Commissioned officers of Each
Company.
T. CHITTENDEN, Pr.
By order of Council,
Colo. Moses Robinson.
do. Timothy Brownson.
do. James Mead.
do. Joseph Marsh.
do. Peter Olcott.
do. William Williams.¹
Attest,
JOSEPH FAY, Sec'y.
2
IN COUNCIL, Bennington 4 January [February] 1778.
The Bearer Jesse Welder having this day taken the Oath of Allegi-
ance to the United States of America, is permitted to pass to his home
in St. Albans within this State & there to remain unmolested until fur-
ther orders from this Council.
By Order of Council,
To whom it may Concern.
JOSEPH FAY, Sec'y.
IN COUNCIL, Bennington 6 Febr. 1778.
Sir,-You will examine into the proof of Capt. Fitchs giving the refu-
sal of the house (formerly the property of Benjamin Holt³) to Mr. Imus,
& if you find to your satisfaction he had the Refusal previous to your
appointment you will make the Engagement good. You will give him
a Reasonable time to procure his Evidence.
By order of Council,
Capt. John Fassett, [Jr.,] C. Sequestr.
JOSEPH FAY, Sec'y.
¹This order indicates six regiments of militia at that date, of which
respectively these gentlemen were Colonels.
2 Unquestionably JESSE WELDEN, the first settler in St. Albans. L.
L. DUTCHER says Mr. Welden was driven off during the revolutionary
war; that he is said to have been taken a prisoner by the British and
escaped; and that he returned to St. Albans in 1785. The above record
indicates that he intended to return in the winter of 1778, at least tem-
porarily.—See Vt. Hist. Mag. vol. 11, p. 290.
3 BENJAMIN HOLT of Arlington had doubtless joined the enemy pre-
vious to this date, for which his property had been confiscated. Later
he was under the ban of the act of Feb. 26, 1779.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 215
[6] Sir,-You are hereby Required to liberate John Mattisson who is
in the 3ª Class, under your Command, until further orders from this
Council.
By order of Council,
Capt. Robinson, Overseer of Tories.
JOSEPH FAY, Sec'y.
State of VerMONT. IN COUNCIL OF SAFETY,
Bennington 6th Feby. 1778.
To the inhabitants of the State of Vermont:
Gentlemen,-The United & joint Representatives of this State in their
General Convention held at Windsor, & on the Several Times afterwards
by Adjournments, did on the 2d [8th] day of July last Compose & agree
Unanimously on a Constitution for the future Government & Mutual
advantage of its Inhabitants. It was then proposed by the joint agree-
ment of the said Representatives that such Constitution should be
printed so as to have had them circulated among the Inhabitants season-
ably to have had the General Election of Representatives to Compose
the General Assembly in December last, who (by agreement) was to
have met at Bennington within this State in the month of January last,
but finding by repeated experience that the Troubles of the War and
Encroachments of the Enemy would of Necessity render it impossible,
this Council did think fit to again call on the members of the General
Convention to meet, who accordingly met at Windsor on the 24 day of
December last, & did Unanimously agree to postpone the day of Elec-
tion until the first Tuesday of March next, & the Setting of the Assem-
bly to be at Windsor, on the 24 Thursday of March next. The Consti-
tution is now printed & will be distributed among the Inhabitants of the
several Towns in this State, so early that they may be perused before
the day of Election, which this Council hope will Sufficiently Recom-
mend the most safe & just Method of Choosing of Representatives to
compose the General Assembly. Nothing but a real zeal for the future
well being of the Inhabitants of the United States of America in Gene-
ral & this in particular could have induced this Council to have under-
taken the arduous Task of Setting so many Months successively to pro-
vide for the Safety of its Inhabitants. They therefore Flatter them-
selves that their Services will meet the approbation of their Employers.
The Council are fully of the opinion, that nothing but [the want of] a
firm Attachment & joint Connection of the Inhabitants of this State
can frustrate or prevent their being what they so reasonably wish to be.
I am Gentlemen (by order of Council)
your most Obedient Humble Servant,
THOMAS CHITTENDEN, Prest.
BENNINGTON, 6 February 1778.
Resolved that three men be appointed as a Committee to repair to
Moncton [Monkton] when applied to by Lt. Barnabas Barnum,' &
there to hear and Determine the Cases of any & every person who
shall be brought before them for Enimical Conduct Towards the United
States, & that Captain Zebulon Mead, Mr. Joseph Smith, & Mr. Joseph
Jackson be the said Committee.
By order of Council,
THOMAS CHITTENDEN, Pres't,
'BARNABAS BARNUM was one of the first settlers in Monkton. He
was killed in the fight at the block-house in Shelburne, March 12, 1778.—
See Vt. Hist. Mag., vol. I, pp. 65, 66, 878.
216 Council of Safety-Aug. 15, 1777, to March 12, 1778.
IN COUNCIL, 6 Feb. 1778.
Resolved that if either of the persons appointed as a Committee to go
to Moncton Refuse to Serve that the other Two of them appoint another
in his Sted.
By order of Council,
THOMAS CHITTENDEN, P.
STATE OF VERMONT. Bennington, February 7 1778.
IN COUNCIL, date above.
}
Gentlemen, Your request for this Councils Assistance in Guarding
the Frontiers of this State has this moment come to hand. The Council
have Taken the same into consideration, & in consequence have ordered
one hundred men to be Immeadiately raised & properly officered for that
purpose who will March as soon as they can be possiably raised. It is ex-
pected the Inhabitants in your quarter will Turn out Freely on this Em-
ergency. They will continue five weeks in service unless sooner dis-
charged. It is proposed that Captain Gideon Warren Command this
detachment. Provisions will be forwarded from Time to Time for Sub-
sistence of the troops, as also ammunition. The Council send you Ten
pounds of Powder, & cannot furnish any Lead for others than the troops
to be Engaged in the aforesaid Service.
I am Gentlemen your most
Humble Servant,
By order of Council,
Joseph Smith, Esqr.1
JOSEPH FAY, Sec'y.
STATE OF VERMONT, Bennington 7 Feby. 1778.
Sir,-You are hereby Commanded to appoint one Lieutenant & see
him furnished with fifteen men to join Captain Warren or the Commander
that may hereafter be appointed to command the party to Guard the
Frontier settlements on Lake Champlain.
By order of Council,
To Colo. James Mead. 2
JONAS FAY, V. Prest.
of Council.
IN COUNCIL, Bennington 7 Feby. 1778.
Gentlemen,―This Council desire you to settle your acct. with them
Immediately, relative to your Transactions in the Capacity of Commis-
sioners of Sequestration, as them matters must be forthwith Settled.
I am Gentlemen your Humble Servant,
By order of Council,
Capt. Joseph Smith &
Capt. Elkanah Cook.
}
JOSEPH FAY, Sec'y.
JOSEPH SMITH of Clarendon, who was a delegate in the Convention
at Windsor of June 4, 1777, and a representative in the General Assem-
bly in 1780 and '81.
2 Col. JAMES MEAD of Rutland was a member of the Dorset Conven-
tion of Sept. 25, 1776, and one of the Committees appointed by the Wind-
sor Convention in June 1777 to arrange with the commander at Ti-
conderoga for the defense of the frontiers. He was Colonel of the third
regiment of the militia in the order in which they stood at the date of
the above.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 217
STATE OF VERMONT. IN COUNCIL OF SAFETY,
Bennington, 9 Feb³· 1778.
Sir,-Yours of yesterday date is now before this Council. They have
duly diliberated on your several requests contained therein, & in conse-
quence have resolved to furnish three hundred effective men out of this
State exclusive of officers, who it is Expected will Engage as Volunteers
to Serve in the Northern Intended Expedition, who are to continue in
Service until the last day of April next unless sooner discharged by the
Commanding Officer of said Expedition. It is Expected they will be En-
titled to such Encouragement as is Allowed the Volunteers of other
States, and as it is improbable that men are provided with necessaries to
March as soon as the first day of March next, this Council thinks it
will be necessary that provisions be made out of the public Store for
such as may be unprovided with shoes, stockins & Blankets; as it is pro-
posed to raise the men out of the Troops who served the last Campaign
from this State, the pay for such service (for which Colo. Herrick has the
Generals Warrent) would Greatly Facilitate the immediate Collection of
the men. Every Exertion in the power of this Council will be used to
complete the Troops sooner than mentioned above, [of] which, if Effected
Seasonably, notice will be given to the Commanding officer. Twenty
five Sleighs will be provided for the use of the Expedition & Every as-
sistance in the power of this Council afforded the Quarter Master in Col-
lecting Hay, Provision and Transporting flour, &c.
I am Sir your most Obt Humble Servant,
By order of Council,
Colo. Hay.¹
THOS. CHITTENDEN, P.
STATE OF VERMONT. Bennington 9 Feby 1778.
IN COUNCIL, date above.
}
Sir, - Your Letter forwarded by Colo. Hay dated Albany 7t Inst came
to hand last Evening, in which I am informed of an Expedition proposed
to the Northward. You also requested of this State to Engage all the
Volunteers Possible to join the Army on this Expedition. I called to-
gether the Council & Committee of this Town & have laid your letter
before them. In consequence of which they have Resolved to raise three
¹ Jan. 9 1777 the Continental Congress resolved that UDNEY HAY, Esq.,
be appointed a licutenant-colonel by brevet and assistant deputy quar-
ter master-general, and stationed at Ticonderoga.-Journals of Congress,
1777-78, vol. III, p. 10. Dec. 3, 1777, brigadier general JOHN STARK was
appointed by Congress to command a secret expedition during the win-
ter season, having specially in view the destruction of the enemy's ship-
ping at St. Johns, or elsewhere, on Lake Champlain. About the same
time an "irruption into Canada” was determined upon, under the com-
mand of the Marquis de Lafayette. Feb. 2, 1778, major general Mc Dou-
gal was selected to accompany Lafayette, and the baron de Kalb in case
Mc Dougal's health would not permit him to go. Six French gentlemen
were also appointed to act as officers of such Canadians as might be em-
bodied in Canada. It was to aid in these plans that Vermont was re-
quested to raise, and the Council of Safety did promptly proceed to raise,
a military force early in 1778. On the 13th of March, 1778, Congress re-
solved to abandon the scheme, and notice was given accordingly.-Secret
Journals of Congress, 1775-'81, vol. 1, pp. 55–65.
16
218 Council of Safety-Aug. 15, 1777, to March 12, 1778.
hundred men exclusive of officers, to be ready to March with all possible
Expedition, to Wait orders from the Commander in chief, to remain in
service until the last day of April next unless sooner discharged, pro-
vided a proper encouragement can be had from the Honble Continental
Congress to carry the above Resolve into execution. You will please to
inform me the particular encouragement which may be depended on
from Congress for Raising men for the above mentioned Expedition as
soon as possible, during which Time, you may be assured, nothing in the
power of this Council will be Wanting to have the men in Readiness.
Colo. Hay will be able to inform the particular Circumstances & disad-
vantages the Inhabitants of this State are under, from their being drove
from their possessions by the Enemy, as also the answer made by Coun-
cil to Colo. Hays several requests to them relative to the before mentioned
Expedition.
I am Sir (by order of Council)
your most obdt Humble Servant,
Colo. Moses Hazen.¹
THOMAS CHITTENDEN, P.
STATE OF VERMONT. IN COUNCIL OF SAFETY,
Bennington 9th Feby. 1778.
}
Sir,-You are hereby directed (with the assistance of the other Gen-
tlemen of the Committee of Safety for this town,) to Take under your
Consideration the Case depending between Samuel Robinson, Overseer
¹ Brig. Gen. MOSES HAZEN, at the opening of the Revolutionary War,
was a resident of Canada, drawing from Great Britain the half pay of a
captain for previous military service. Gen. Montgomery, in his Canada
campaign, used a considerable portion of Hazen's property for military
purposes, and Hazen promptly applied to the Continental Congress for
compensation. This application resulted in an arrangement by which
he was to be paid for his property, receive an equivalent for the half pay
he would forfeit, and enter the continental service as colonel of a regi-
ment which he was to raise in Canada. He raised the regiment, but of
course, in the retreat in 1776, he was obliged to leave Canada with such
of his regiment—a remnant probably—as were disposed to adhere to his
fortunes. From that period his regiment was independent of any State
connection, under the control of Congress solely, and Hazen was author-
ized to recruit wherever he could find men to enlist. Finally, his regi-
ment was selected by Congress to receive all foreigners who were willing
to serve. Hazen served through the war in different fields of service,
and he was made Brigadier General by brevet, June 2, 1781. His name
has been familiar in Vermont since 1779, for his work in completing the
military road which is still known as "the Hazen road." Gen. Bayley of
Newbury commenced it in 1776, and in 1779 Hazen continued it from
Peacham through Cabot, Walden, Hardwick, Greensboro', Craftsbury,
Albany, and Lowell, and erected several block-houses-a road about
fifty miles in length. It was designed, professedly, to extend to St.
Johns in Canada, but was abandoned in the forest at "Hazen's Notch,"
near the line of Montgomery.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 219
of Tories, in behalf of David Goffs wife, & John Potter, and to award
Judgement thereon according to Justice & Equity.
By order of Council,
THOMAS CHITTENDEN, Pres't.
Elnathan Hubble, [Hubbell,] Esq™«, Chairman of Committee of Safety in
Bennington.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 10th Feby. 1778.
Sir,-On application of Colº. Moses Hazen Commander in Chief of the
Continental Troops at Albany, this Council have this day resolved to
raise three hundred Volunteers within this State under the command of
Samuel Herrick, Esqr., Lt. Colonel Commandant, to Continue in Service
of the Free and Independent States of America until the last day of
April unless sooner discharged. To Each able bodied effective Volun-
teer thus engaged in this Glorious Cause for the defence of his Life and
Liberty, you shall be enabled by this Council to give as an Encouragement
a bounty of Ten dollars, on or before the Time you shall receive orders
from this Council to March them from their respective homes. They
will also be entitled to such other Encouragement by Wages, plunder &c.,
as is allowed the Volunteers from the other free & Independent States
of America.
This Expedition is set on foot by the Honorable Continental Congress
& should any who nobly engage in this Glorious Enterprise be so unfor-
tunate as not to have it in their power to furnish themselves seasonably
with the necessary articles of shoes, stockins, or Blankets, there is En-
couragement that they may be supplied out of the Continental Store by
applying there. As it is expected that a Respectable body of Continental
Troops will be employed in Conjunction with the Volunteers from this
& the Neighbouring States, sufficient to penetrate into Canada and there-
by frustrate any designs the enemy may have in a future Campaign of
approaching this Country, and as this State is particularly exposed by its
Contiguous Situation to them to be first ravaged unless some such effec-
tual means shall be successful to prevent their Invasions, Therefore this
Council flatter themselves, that no further arguments [need] be used to
induce every well wisher to the Freedom & Liberty of himself & Injured
Country vigorously to exert every Nerve on this most important Occa-
sion.
I am Sir by order of Council your
Copies of the foregoing Letter)
sent to the several Captains on the
East side the Green Mountains.
most Obedient Humble Servant,
THOMAS CHITTENDEN, President.
Attest, JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY,
Bennington 10 Feb³· 1778.
Sir,-This Council have, on application of Colonel Hazen Commander
in Chief of the Continental Troops at Albany, Resolved to raise three
hundred Volunteers within this State to assist to Carry into Execution a
plan proposed by the Honble Continental Congress for penetrating into
the Province of Quebeck. Each Volunteer within this State, who may
Engage in this enterprise, is Intitled to receive Ten Dollars Bounty as
an encouragement before he Marches besides the encouragement by
Wages, plunder &c., as Allowed the Volunteers from the other free &
Independent States of America. They have also Resolved to give Colº.
Herrick, yourself with the other officers who served under you as Rang-
ers the last Campaign, the offer of Recruiting the said three hundred men
& Commanding them in Sd expedition until the last day of April next
unless sooner discharged. Colo. Herrick is not at home at present, but
220 Council of Safety-Aug. 15, 1777, to March 12, 1778.
will be applied to on his return. Each Recruiting officer will be allowed
one dollar for Each Volunteer; Warrants are sent to the Captains on the
East side the Mountains, with instructions for Recruiting. It is hoped
the men will be ready to March by the first of next Month. You will
please to Let the Council know immediately wheather you except.
I am Sir your most Obt hum. Servant,
By order of Council,
Major Benja. Wait.
JOSEPH FAY, Sec'y.
IN COUNCIL, Bennington 10th Feby 1778.
This Council having Taken under their Consideration the Complaint
made to this Council by Captain Zadock Averis [Everest] in behalf of
the United States against John Gail for Enimical Conduct [against] the
United States of America, having Examined the Evidence, & every at-
tending Circumstance relative thereto, and after seriously deliberating
thereon, do Judge and order that the said John Gail pay thirty pounds
Lawful Money as a fine for the use of this State, and pay all reasonable
Charges of suit & stand Committed until this Judgement be Complied
with Cost Taxed at £16 8 0.
By order of Council,
Attest, Jos. FAY, Sec'y.
THOS. CHITTENDEN, Prest.
Feb. 11th Recd the Cost of this above suit £16 8 0 & £21 14 0 on the
above Judgt.
pr J. FAY, Sec'y.
THOS. CHITTENDEN.
£8 6 0 Reca by me,
IN COUNCIL, Bennington 10 February 1778.
This Council having Taken into Consideretion the particular Circum-
stances relative to the Estate of Ephraim Sealey Late of Danby Decd
who was Confined for Enimical Conduct against the United States of
America & after Examining the particular Circumstances relative thereto,
do Judge and order that the said Estate be not Confiscated, the Heirs of
the su Sealey dispensing with what Loss the Estate met with before his
Death. By order of Council,
THOMAS CHITTENDEN, P.
Attest, JOSEPH FAY, Sec'y.
IN COUNCIL, 10th Feb. 1778.
The bearer John Gail is permitted to pass to his home in Addisson
having Voluntarily Taken the Oath of Fidelity to the United States of
America. By order of Council,
Jos. FAY, Sec'y.
To whom it may Concern.
IN COUNCIL, Bennington 10th Feby. 1778.
Sir,-Inclosed you have a Warrent to Engage fifty able bodied and ef-
fective men to Serve in an Expedition to Canada, Together with two
Warrents for two Lieutenants & blanks left for their names.
You are
hereby directed to give your former Lieutenants the offer of them.
Should any thing prevent their serving in this Campaign you will ap-
point others & enter their names in the blanks. You will take particular
care to appoint men of Honor & varasity, & such as be most Likely to
raise their quoto of men. You will do all in your power to have your
Council of Safety-Aug. 15, 1777, to March 12, 1778. 221
Company raised with all Possible Expedition not to Exceed the first
day of March next.
THOMAS CHITTENDEN, Pres".
I am Sir your Humble Servant,
Capt. Ebenezer Wood.¹
(10th.)
This Council having Taken under their Consideration the request
made by Capt. Peleg Sunderland relative to the Guns found at Hughbar-
ton, [Hubbardton,] & Resolve that the Case be referred to the General
Assembly at their next Term in March next.
By order of Council,
Attest, Jos. FAY, Sec'y.
THOS. CHITTENDEN, Pres”.
IN COUNCIL, Bennington, 10th Feby. 1778. Copy.
Whereas application has been made to this Council by Colonel Moses
Hazen, Commanding the Continental Troops at Albany in the Northern
Department, to raise as many Volunteers as possible in the Power of
this State, to serve in an Expedition to Canada, in consequence of which
this Council have this day Resolved to raise three hundred Volunteers
within this State, to be in a Regiment Commanded [by] Samuel Herrick
Esqr. Lt. Colonel Commandant, to Continue in Service until the last day
of April next; Further Resolved, that Major Benja Wait be & he is
hereby appointed Major to said Regiment, & that Captains Ebenezer Al-
len, Jesse Sawyer, Parmely Allen, Ebenezer Wood, Boyden, & Ab-
ner Sealey, be and they are hereby appointed to be Captains in Colonel
Samuel Herricks Regiment, & the Subalterns that Served under the
before Mentioned Captains, in the last campaign, have the offer of Serv-
ing again, & should any of them not Serve, the Captains hereby directed
to appoint such others as will be most Likely to Recruit their quoto of
men. Particular care is to be Taken to appoint men of honor &
varacity. Further Resolved that a premium of one Dollar be Granted
by this Council to the officers for every able bodied effective man they
shall enlist for the before mentioned Expedition, & that a bounty of 10
Dollars be given to each non Commissioned officer & soldier that shall
so engage, to be paid them before they March.
By order of Council,
Attest, JOSEPH FAY, Sec'y.
THOMAS CHITTENDEN, Pre".
BENNINGTON 12 Febr. 1778.
}
STATE OF VERMONT. IN COUNCIL te above.
Sir, I understand you have given Isaac Ives encouragement of Liv-
ing in your House or his family which is not agreeable to this Council.
Capt. Putnam wants the same priviledge for his family. If you can
oblige him with the same priviledge it may be as much for your benefit,
and perhaps give better Satisfaction to your Neighbours.
By order of Council,
To Mr. James Breakenridge.
THOMAS CHITTENDEN, Pret
¹EBENEZER WOOD was among the first settlers of Bennington, and
3d sergeant in the first military company there in 1764. In Feb. 1778 he
was appointed one of the captains in the intended secret expedition un-
der Stark. To him, as colonel, and his associates, the township of Wood-
bury was granted, and it was named for him.—See Memorials of a Century,
Bennington, p. 233; and Vt. Hist. Mag., vol. 1, p. 143.
222 Council of Safety-Aug. 15, 1777, to March 12, 1778.
BENNINGTON 15 Feby. 1778.
Dear Sir,-This Council is informed your honor is about to undertake
the Tedious journey from Albany to your Family; I am directed to in-
form you that they are extreamly happy to hear your honor has a
favourable prospect of Recovering your Health after so long & Tedious a
Confinement, & that your Broken Limb is so likely to be in perfect shape
as well as Sound, from which it is sincearely hoped your future Service may
be found useful to the public & meet with its former Satisfaction, which
was universal by every friend & well wisher to the United States of
America. You have the Good wishes of the Inhabitauts of this Country
for your safe arrival home to your Family in expectation that in due time
you will be Enabled to return to this part of the Continent Commander
in Chief, under whose wise direction they will think themselves in per-
fect Security. May the blessings of Heaven rest on you & kind Provi-
dence Guard you safe thro the long & Tedious Road to your family, &
may you Live long a Blessing to them & your Country.
I am Dear Sir with the Councils best
Compliments to your honor, your honor's
most Obt. & Humble Servant,
By order of Council,
The Honble Majr Gen¹ B. Lincoln.
THOS. CHITTENDEN, Pres'.
(Feb. 16.)
John Potter is permitted to Transport Twenty bushels Wheat out of
By order of Council,
this State.
To all Concerned.
JOSEPH FAY, Sec'y.
BENNINGTON 15 Feby. 1778.
Sir,-Inclosed you have a Copy of the Report of the Committee of
Safety at Addison, by which you will note the little Scout sent down the
Lake by order of Brigadier General Stark is Taken prisoners by the
enemy. Sir I am directed to inform you that this Council is of opinion
that it is of the utmost importance that a Guard be sent to take posses-
sion of some proper post on Lake Champlain for the purpose of securing
the Hay & Forage Provided there for the use of the Army which at pre-
sent is in the power of the Enemy. Should it be distroyed it might prove
very detrimental to the Northern Expedition. Nothing Material has
Transpired except the above since Colo. Hay left this place. Every Ex-
ertion possible in the power of this Council is making to forward the
Northern Expedition. Should be glad to hear from you as Soon as pos-
sible.
I am Sir (by Order of Council,)
your Obt. Humble Servant,
THOMAS CHITTENDEN P.
Colº. Hazen or Officer Commanding at Albany.
IN COUNCIL, Bennington 17 Feby. 1778.
Sir,-Whereas Complaint is made to this Council, by Deacon John
Burnap, that Moses Olmsted, Jabez Olmsted & Owen of Pittsford did
in December last Take from him about Twelve hundred weight of Iron
which is detained from him, he therefore desires of this Council that they
would direct him in what manner he may obtain his property again.
Therefore this Council Recommend to you to call together the mem-
bers of the several Committees in Rutland & the Neighbouring Towns to
Council of Safety-Aug. 15, 1777, to March 12, 1778. 223
the number of five to Judge & Determine the case depending the above
parties, according to Justice & Equity.
By order of Council,
To Capt. Joseph Bowker.
THOS. CHITTENDEN, Pre't.
STATE OF VERMONT. Bennington 17 Feby. 1778.
IN COUNCIL OF SAFETY, date above.
Dear Sir,-I am directed by Council to inform you that the Core of
ranging officers who served the last Campaign under the Command of
Colo. Sam Herrick have accepted the Encouragement offered by Coun-
cil for Recruiting three hundred Volunteers within this State in an Ex-
pedition intended to be made into Canada immediately, which is a bounty
of Ten dollars to each such Volunteer besides the Encouragement by
Wages, plunder &c., as Allowed by the Honble the Continental Congress
to the Volunteers of the free and Independent States of America, who
are to act in conjunction with a respectable body of Continental Troops
ordered by Congress for the said expedition. The men are to continue
in service until the last day of April next unless sooner discharged. You
will please to apply to the officers the East side the mountain who served
in your core last campaign, & in case any Captain shall decline you are
to appoint some Gentlemen of honor & Courage who did not serve in
your core, that the Rank of the old Subalterns may be kept intire, as no
officer of the core is to Rank otherwise than last Campaign, & Capt.
Sealey will have a different appointment.
The Council most Earnestly desire you to Exert yourself to the utmost
of your Abilities to raise the Troops on this important occasion, as it is
reasonabley expected the Companies on this side the mountain will be
filled immediately.
As a Warrent has been sent [by] Ira Allen Esqr to Joseph Boyden to
Serve as a Captain in Colº. Herricks Regiment in Lieu of Capt. Good-
nough (who declined,) & as it may happen that he may accept & be on
the business of raising his Company, it will be Necessary that you have
regard to his appointment in your proceedings. It is expected the offi-
cers will be Commissioned when their Companies are filled agreeable to
the Honble Gen. Starks Appointment.
This Council sends you by Ebenezer Green (who will diliver this Let-
ter) Five hundred & Twenty dollars which you are to divide equally be-
tween the three Captains on the east side of the mountain for the purpose
of Recruiting their Comys.
I am &c., pr order,
Major Wait.
THOMAS CHITTENDEN, Pres't.
STATE OF VERMONT. IN COUNCIL, Bennington 17th Febr. 1778.
Dear Sir,-The absolute Necessity of raising the three hundred Troops
ordered by this Council with the utmost dispatch renders it of impor-
tance to Continue the junction of the several officers who served as
Rangers within this State Last Campaign. They have accepted the En-
couragement offered by Council for Raising the men, & that business is
now going forward with alacrity. As only six companies are to be raised
in Colo. Herricks Regiment, that [and] it is found Necessary those Com-
panies be officered by those who served with him last Campaign—there-
fore it will be found inconvenient for you to Raise your Company agree-
abe to the Requisition of this Council to serve in Colo. Herricks Regi-
ment. Nevertheless the Council wd wish you to proceed as fast as
possible to Compleat your Company for the Intended Expedition, & the
Encouragements for raising them with the bounty to the men according
224 Council of Safety-Aug. 15, 1777, to March 12, 1778.
to your Instructions will be punctually paid you; should you not
be joined to some Regiment to your Satisfaction to do duty with
them for the Expedition, as it is proposed to raise several other indepen-
dent Companies within this State you can do duty with them. The
Council Send you one hundred and Seventy Dollars to Enable you to
Recruit your Company, which is equal to what has been given the Cap-
tains of Colo. Herricks Regiment. Wishing you success & dispatch in
Compleating your Company-
I am Dr. Sir your most Obedient Humble Servt.
By order of Council,
THOMAS CHITTENDEN, P.
Capt. Abner Sealey.
18 Februar
Resolved that Major Heber Allen be & he is hereby appointed a
Commissioner of Sequestration for the Towns of Poultney & Wells in
this State, & a Warrent sent him for that purpose.
By order of Council,
Attest, JOSEPH FAY, Sec'y.
THOS. CHITTENDEN, Pre”.
(19.)
Stephen Herricks Permitted to Transport about Ten bushels wheat out
of this State to Lansborough.
By order of Council,
To whom it Concerns.
THOS. CHITTENDEN, Pret.
IN COUNCIL, Bennington 21 Feby 1778.
Resolved that Mr. Nathan Clark & Mr. Timothy Brownson be & they
are hereby appointed a Committee to settle with Mr. Wm. Fitch Commis-
sioner of Sequestration.
By order of Council,
THOS. CHITTENDEN, Pr”.
Dilivered Mr. Gideon Olin a Commission of Sequestration.
By order of Council,
Attested by JOSEPH FAY, Sec'y.
(23d.)
THOS. CHITTENDEN, Pres".
Bennington, 24 Feby 1778.
STATE OF VERMONT. IN COUNCIL, date above. Í
Sir,-Your favour of yesterday's date pr Mr Doolittle came to hand
last evening this Council have taken the Contents into consideration
and are of opinion that your Committee have full power to Judge &
Try the Cause, and order the same to be caryed into Execution against
Moses Y. Olmsted in favour of Lt. Southerland, [Peleg Sunderland,] in
case Olmsted on Examination shall be found Guilty of the accusation
Laid against him. If Olmsted has Right of Action against Lotham [or
Latham] or any other person, it must be at his own risque. He has
right of Trial before the Civil Authority for an offence Committed by
any soldier in Service on proper application.
I am Sir your Humble Servant,
Major Clark.¹
JOSEPH FAY, Sec'y.
¹Probably Maj. JEREMIAH CLARK of Shaftsbury, though Sunderland,
the prosecuting party, was not a resident of that town. Possibly there
was another Major Clark, though it is supposed that in the records of the
Council that title belongs to Jeremiah Clark.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 225
[Feb.] (25.)
Sir,-Whereas this Council is informed that the Intended Expedition
to Canada is dropt, or Like to Fall through, you are hereby requested to
desist raising any more soldiers for the above purpose on the Encourage-
ment of a bounty of Ten dollars heretofore Granted by Council, until
further orders.
THOS. CHITTENDEN, Pres".
By order of Council,
To Capt. Isaac Clark, & L. Bradley.
STATE OF VERMONT. IN COUNCIL, Bennington 25 Febr. 1778.
Sir,—We have had Verbel information that the Intended Expedition
to Canada is Stoped, you are therefore desired to give immeadiate orders
to the Several officers appointed on the East side the Mountains for that
purpose to desist from engaging any more men until further orders.
The men that are already Engaged are wanted to defend the frontiers of
this State. You will please to inquire wheather those engaged are will-
ing to Take a Short Tour for that purpose. They will be Entitled to Ten
Dollars pr. Month as Wages. You will give the Earliest information of
the number willing to Engage. You will not advance any more money
till further orders.
I am Sir your Humble Servant,
By order of Council,
Majr Benja. Wait.
JOSEPH FAY, Sec'y.
February 25 1778.
Sir,-You are hereby required to Call the Committee of Safety for the
Town of Manchester, & as soon as may be take Cognizance of the Case
Depending between Lt. Peter Roberts and Arthur Bostwick relative to
the Salt Roberts accuses Bostwick of Taking without his Licence there-
for, & to make and Execute Judgment thereon as to Justice appertains
-and to order the promise made by Bostwick to Roberts for Making Res-
titution for the Salt by the 27 Inst. to be suspended until such Trial may
I am Sir your Humble Servt,
be had.
Lt. Martin Powel.
JOSEPH FAY, Sec'y-
IN COUNCIL, Bennington 26 Feby. 1778.
Comes Capt. Elijah Russell & informs the Council of the State of Ver-
mont that he the said Russell is deprived of a Considerable part of his
Live Stock & other Goods, &c. &c.,
These are therefore to impower him to take such of the above men-
tioned articles, & convert the same to his own use, that he shall prove to
be his his property before any Committee or Committees of Safety within
this State, found within the same.
By order of Council,
TROS. CHITTENDEN, President.
The above order Written & Entered pr.
Attest, Jos. FAY, Sec'y.
NATHAN CLARK, Esq., Sec'y. P. T.
¹ Gen. ISAAC CLARK, of Castleton, son of Hon. Nathan Clark, who
was a member of the Council. Isaac was one of the rescuers of Remem-
ber Baker, also one of the scouts sent out just before the battle of Ben-
nington. He was in that battle; was designated as one of the captains
to serve in Gen. Stark's intended expedition in the winter of 1778, and
on the failure of that was assigned, with Capt. Ebenezer Allen, to
guard the Northern frontier. For further facts see ante, pp. 121, 122.
226 Council of Safety-Aug. 15, 1777, to March 12, 1778.
(To the commanding officer at Albany:)
BENNINGTON 28 Febr. 1778.
Sir, I am directed by Council to Inclose a Letter from the Inhabit-
ants of our Frontiers by which you will have opportunity to Observe
their Complaints which I Judge are not Groundless. Those Inhabitants
have been for time past supported by a Small Scout of about 24 men In-
habitants of this State who are in an Unhappy Situation, on acc¹ of their
Families and Stocks being left at home and almost destitute of Provis-
ions for their Families or Fodder for their Cattle, occasioned by the
Ravages of the Enemy Last Campaign, which has been so Universally
the Case of the Inhabitants of this State, that it has put it out of our
power to furnish a public Store of Provisions; I therefore desire your
honor (if consistant) to furnish a sufficient Guard to protect the Fron-
tiers, or give orders that provisions be Supplied out of the Continental
Stores, for the Subsistance of one hundred men Exclusive of officers to
be raised within this State for that purpose, which this Council are of
opinion will be Sufficient until the opening of the Spring.
I am Sir, &c.
THOMAS CHITTENDEN, Pres't.
BENNINGTON 28 Feby. 1778.
Gentlemen,-This day Mr. [Mrs.] Walker' makes application to this
Council for the use of the farm, the former property of her husband, in
order to Enable her to support her Family. You will be pleased to
Take her case into your Consideration, and if no better Method can be
found by you for the Maintainance of her family it will be advizable to
Lese her the improvements of said farm not Exceeding one year, her
procuring a sufficient surety for the maintainance of such family.
I am Sir Your Humble Servant,
By order of Council,
THOS. CHITTENDEN, Pt.
To the Commissioner of Sequestration, Clarendon.
IN COUNCIL, Bennington March 1778.
The bearer Capt. Isaac Clark is permitted to Transport or convey Sun-
dry Families out of this State to the Enemies Lines vizt. Samuel Adams,
Isaac Brisco, Caleb Henderson, and Philo Hards Families.
By order of Council,
THOMAS CHITTENDEN, Pt.
•
Mrs. Adams is Permitted to Carry with her vizt Two Feather beds &
bedding suitable therefor, six Pewter Plates, two Platters, two Basons, one
quart Pot, one Tea Kittle, Wearing Apparil for herself & Children, one
Frying Pan, one Candle Stick, knives & forks. Mrs. Brisco is permitted to
Carry with her two Feather beds & bedding for the Same, five Pewter
Plates, Do two platters, 2 basons, one T. pot or Tea Kittle, one small
Brass Kittle, one Brass Skillet, the Bedding to Consist of three Cover-
lids, one bed-Quilt, four Blankets & Eight Sheets, one Chest her Wearing
apparil & her Children, & knives & Forks."
By order,
Thos. CHITTENDEN, President.
Probably wife of Daniel Walker of Clarendon, whose property was
confiscated. He was proscribed by the act of Feb. 26, 1779.
2 Wives of Samuel Adams and of Isaac Brisco, tories of Arlington,
whose property was confiscated, and both were proscribed by the act of
Feb. 26, 1779.
Council of Safety—Aug. 15, 1777, to March 12, 1778. 227
BENNINGTON 4 March 1778.
Gentlemen,―The Bearers, Daniel Kinney and Jonathan Truesdel, have
this day made application to this Council for (Each) the rent of a Farm
within this State. They appear to be men that will make useful mem-
hers of society, will deposit money in the Treasury office of this State
sufficient at Least for the Rent of such farm or farms as they may agree
for. This Council therefore desire that if you have any farms now in
possession that you can dispose of by Virtue of your Commission of Se-
questration, on the usual Rate of renting them, that you oblidge the
bearers to the best of your abilities.
I am Gentlemen, yr. most Obedient Humble Servant,
By order of Council,
Messrs. Fitch & Roberts.
Jos. FAY, Secy.
P. S. The Farm that Capt. Hodges Agreed for he will not Improve.
IN COUNCIL, March 5 1778.
Capt. Rufus Dodge is permitted to Transport six hundred weight of
flour to Gageborough which he says (on oath) he purchased at St. Coik.
By order of Council,
THOS. CHITTENDEN, P.
To whom it may Concern.
Whereas application has been made to this Council by the Frontier
Inhabitants of this State near Lake Champlain & Otter Creek, Request-
ing a suitable number of men to guard them from the Incursions of the
enemy, on which this Council laid the same before the Commander in
chief at Albany, Requesting of him a number of Troops for the above
purpose, or at Least Provisions for one hundred men exclusive of Com-
missioned officers to be raised by this State, who was pleased to give his
approbation for Raising sd men, & orders to the Commissary at Ben-
nington to furnish them with provitions-Therefore Resolved to raise
two companies Consisting of fitty able-bodied effective men in Each, Ex-
clusive of Commissioned officers, to be Commanded by one Capt. & two
Lts. Each, to give one Months pay to them to Enable them to Recruit their
men & Ten dollars bounty to Each non-commissioned officer & soldier,
Together with four Pounds pr Month as Wages, to Continue in Service
Two Months from this date unless sooner discharged.
Attest,
By order of Council,
JOSEPH FAY, Sec'y.
THOS. CHITTENDEN, Pr't.
Bennington 6 March 1778.
STATE OF VERMONT. IN COUNCIL date above. S
Gentlemen,―This Council have taken into consideration your request
of the 15 January Last for their assistants in Compleating the Regiment
(which you have the honor to Command) to their full number, & being
fully willing to Grant Such request, have in Consequence Issued their
orders some time Since to the Several Field officers of Militia within this
State to make & 1eturn a true & perfect List of the number of Male
Inhabitants included in Each company in Each such Regiment between
the age of Sixteen and Sixty years, on or before the 12 day of March
instant, which returns will be by this Council laid before the General
Assembly of this State who are appointed to meet at Windsor on sa 12
day, as also your request. You will please to make Return of the Num-
ber of officers & their Rank, Particularly, & the Number of Non-Com-
missioned officers and Privates Necessary to Compleat your Regiment,
228 Council of Safety-Aug. 15, 1777, to March 12, 1778.
[that] the same may be Laid before the Assembly & such Recommenda-
tions by this Council as to effectually answer your request.
I am Gentlemen your most Obt Humble Servant,
By order of Council,
Colo. Seth Warner & Lt. Col. Safford.
THOS. CHITTENDEN,
P.
State of VERMONT. IN COUNCIL, Bennington 6th March 1778.
[COPY.]
Instructions for Capt. Ebenezer Allen.
The object of ordering the Troops to be by you raised & Commanded
is [to] protect the Northern Inhabitants of this State near Lake Cham-
plain & Otter Creek. You will therefore Proceed & Raise your men
with all Possible dispatch, & when you have enlisted a sufficient number
you will March them to N. Haven Fort where you are to Take post.
You are to keep out proper Scouts to reconoiter the Woods, to Watch the
Movements of the Enemy, & Report them to this Council or officer Com-
manding the Troops in the Northern Department as often as you shall
find from Time to Time necessary. As there is some few Inhabitants
north of the Fort, should you Judge them to be disaffected persons to
the Interest of the United States of America, you will confine him or
them & secure his or their Estate for the use of this State until Such per-
son or persons may be tried by a Committee of Safety next adjacent to the
offender or offenders, and if such Committe shall acquit them or Either of
them, he or they so acquitted to be restored in their property. You are
to be particularly cautious that none of the Inhabitants may Suffer by
their effects being Taken on Suspicion of their being Tories. ¹
THOS. CHITTENDEN, Prest.
By order of Council,
Attest, JOSEPH FAY, Sec'y.
STATE OF VERMONT.
Bennington 9 March 1778.
Sir,-You are hereby directed to March the men already enlisted by
virtue of Commission or Warrant from Lt. Col. Herrick for the Intended
Expedition into Canada, & you & the other officers (who have enlisted
any such Soldier) may be hereby assured that any reasonable encourage-
ment heretofore offered shall be paid by [to] them. The Council Present
are of opinion that a Surgeon ought to be allowed for your use & the
Corps who are to serve under you, but as there is but few of the Council
(at present) Together they think it advizeable for them to report their
Opinion in that Matter to the General Assembly & Let you know their
Resolution thereon Next Week. You will be supplied from time to
Time with Everything necessary for the Comfort of your Camp that is in
the Power of this Council to afford you.
By order of Council,
THOS. CHITTENDEN, Pre.
To Capt. Ebenr Allen & Commiss. officers under him.
Voted in the House of Assembly that in Lieu of D. D. [double daily]
rations 10 Dollars as bounty.
Attest,
M. LYON, D. Sec'y. 2
The “fort” mentioned is supposed to have been the block-fort, built by
Ethan Allen and others in 1773, in New Haven, on the falls of Otter
Creek.
"This vote of the General Assembly was added here on the record to
indicate that notice had been given to Capt Allen and other officers; of
Council of Safety-Aug. 15, 1777, to March 12, 1778. 229
STATE OF VERMONT. IN COUNCIL, Windsor 12 March 1778.
This Council do recommend to the Several Gentlemen appointed by
the freemen of the Several Towns within this State to represent them in
General Assembly, to Assemble at the Town house in this place immedi-
ately & to form a house of Assembly by choosing a Speaker & Clerk, and
make Report of your proceedings hereon as soon as may be to this
Council.
By order of Council,
THOS. CHITTENDEN, P.
STATE OF VERMONT. IN COUNCIL, Windsor 12 March 1778.
To John Benjamin, Gentleman:
Whereas a number of the Inhabitants of this State are now met To-
gether in this place, appointed by the freemen of the Several Towns
within the Same in order to form a house of Assembly; And Whereas
it is found Necessary that some person be appointed to act in the Capa-
city of a Sheriff, you are therefore hereby appointed, authorized and im-
powered in the Capacity of Sheriff during the Session of this present
Assembly (unless sooner discharged,) and to Subject yourself to such
rules and orders as you shall from time to Time [receive] from this or a
future Council of this State, for which this shall be your Sufficient War-
By order of Council,
THOS CHITTENDEN, Prt.
rant.
Attest, JOSEPH FAY, Secy.
[End of the record of the Council of Safety.]
course added at a later date, as the action of the General Assembly was
on the 20th of March following, when a surgeon was also appointed. The
votes of the Assembly, Friday, March 20, 1778, were as follows:
Voted, to provide a surgeon for Captains Allen and Clark's companies.
Voted, that Doct. Jacob Ruback be the surgeon for the purpose afore-
said.
Voted, that those men that enlisted under Captains Allen and Clark
should have ten dollars as a bounty, in lieu of double rations. See Ms.
Journal of the General Assembly, March 20, 1778; also Slade's State Pa-
pers, p. 262.
The fact may as well be stated here that the journals of the three
sessions of 1778 are in Slade, but those of the sessions of 1779, 1780, 1781,
1782, and 1783 are in manuscript only, having never been printed.
嘤
​RECORD
OF THE
GOVERNOR AND COUNCIL
FOR THE
STATE OF VERMONT.
MARCH 12, 1778, тo NOV. 11, 1835.
INTRODUCTION.
FOR a few years the record of the Governor and Council, like that of
the Council of Safety, was not made in the form of a regular journal,
but embraced only matters the preservation of which was thought to be
necessary. In many instances the action of the Council is merely noted,
with references to the Assembly journal for further information. When-
ever deemed advisable, the editor has, in notes, quoted from the Assem-
bly journal in such cases, or briefly stated the essence of the record;
and has also quoted or briefly stated other matters in the Assembly
journal touching the Council-otherwise no just conception could be
obtained of the work and value of that body.
For a short time the Governor and Council was the Board of War, and
afterward that Board was constituted largely of Councillors, and there-
fore it has been deemed advisable to publish the record of the Board of
War in connection with the Council record.
Though the Governor, Lieutenant-Governor, and Council formed a
very important branch of the government for more than fifty-seven
years, the records of their action have never been printed. The pro-
ceedings of that body given in this volume have been copied therefore
from the original manuscript records, as the volumes that may
succeed it must be.
xxvii.
For the constitution and powers of the Governor, Lieutenant-Gover-
nor, and Council, see chapter II of the Constitution, (ante, pp. 95–101,)
sections I, III, XIV, XVII, XVIII, XIX, XX, and XXVII. Powers were oc-
casionally given to the Governor and Council by special votes of the
General Assembly, certified copies of which were sent to the Council
and are entered in its record.
ORGANIZATION, FROM MARCH 12 UNTIL OCTOBER 9, 1778.
THOMAS CHITTENDEN of Williston,' Governor.
JOSEPH MARSH of Hartford, Lieutenant-Governor.²
¹ Gov. Chittenden's residence was then in Arlington, but his home was
in Williston.
2 The report of the committee which canvassed the votes was, that no
election of lieutenant-governor had been made by the people, when Col.
Marsh was elected by the General Assembly. Afterward fifteen votes
were brought in for Col. M., which gave him a majority of the votes cast
by the people.-Assembly Journal, in Slade's State Papers, p. 257.
17
234
Governor and Council-Introduction.
COUNCILLORS:
IRA ALLEN of Colchester, ¹ 1
JACOB BAYLEY of Newbury,
JOSEPH BOWKER of Rutland,
TIMOTHY BROWNSON of Sunder-
land,
BENJAMIN CARPENTER of Guilford,
JEREMIAH CLARK of Shaftsbury,
BENJAMIN EMMONS of Woodstock,
JONAS FAY of Bennington,
THOMAS MOREDOCK 2 of Norwich,
PETER OLCOTT of Norwich,
PAUL SPOONER of Hartland,
MOSES ROBINSON of Bennington.³
THOMAS CHANDLER, jr., of Chester, Secretary.
MATTHEW LYON of Arlington, Deputy Secretary from April 9
to June 4, and from July 17 to Oct. 9.
¹Ira Allen's residence was in Sunderland, but his home was in Col-
chester.
2 Thomas Murdock.
3 This list is from Slade's State Papers, with the exception that here
the name of MOSES ROBINSON is inserted in lieu of JOHN THROоp.
This change is not warranted by any preceding printed list—that is, not
by Ira Allen's, or Slade's, or Deming's, or the lists copied from either.
It is not warranted by the list in the official record, as it stands on the
book and yet that MOSES ROBINSON was a member of that Council, and
JOHN THROOP was not, are facts abundantly proved by the official record,
in spite of the erroneous list which has been interpolated into it in re-
cent times. The introduction to the canvassing committee's report of
the first Council is all that was entered on the original minutes, and all
that Secretary FAY ( JOSEPH) found there when he recorded them in
the present official record-book in 1788. He left a blank for the names
of the Councillors, and that blank was never filled until a comparatively re-
cent date, when it was filled from Slade's list. This is shown by other
entries from Slade in the margin, or references to his work, which are in
the same handwriting as that of the incorrect list. The entry was made
in good faith, but nevertheless it is wrong. The proofs that MOSES ROB-
INSON was a member of the first Council are: 1st, an official letter of the
Council, dated March 14, 1778, addressed to him, notifying him of his
election and requiring his attendance; 2d, the fact that he took the oath
of office April 24, 1778—seeming not to have attended the March session ;
and 3d, his name appears on the only three debenture-rolls of that Coun-
cil that are recorded, being in April and May 1778. This is incontro-
vertible evidence.
The proof that JOHN THROOP was not a Councillor at that time is less
direct but nevertheless quite satisfactory. March 26, 1778, the General
Assembly by vote empowered the Council to dispose of tory estates; and
under this act and on the same day, the Governor, Deputy-Governor, and
Governor and Council-Introduction.
235
BIOGRAPHICAL NOTICES.
For notices of Messrs. Allen, Bayley, Carpenter, Chittenden, Clark,
Fay, Lyon, Robinson, and Spooner, see ante, pp. 115-129; and for notice.
of Mr. Bowker, see note, ante, p. 190.
Col. JOSEPH MARSH was descended from John Marsh, who came from
England to Massachusetts in 1633, and removed with Rev. Thomas
Council constituted themselves arbiters in the premises, and divided the
body into two courts, as follows :
Court for Cumberland County.-[Eastern Vermont, at that date.]
Lieut. Gov. MARSH,
1. Jacob Bayley,
2 Thomas Murdock,
4. Benjamin Emmons,
5. Paul Spooner,
3. Peter Olcott,
6. Benjamin Carpenter.
Here, then, are the six Councillors residing on the east side of the
mountain, and JOHN THROOP of Pomfret is not among them.
Court for Bennington County.
The vote of the Council on the same day was in these words :
Voted that his Excellency the Governor & Council that Live in the
County of Bennington be a Court to Confiscate the Estate of those per-
sons that are Enemies, in the Same form as those in the County of Cum-
berland are.
This court then was thus constituted:
Gov. CHITTENDEN,
7. Ira Allen,
10. Jonas Fay,
8. Timothy Brownson,
9. Jeremiah Clark,
11. Moses Robinson,
12. Joseph Bowker.
March 17, 1778, nine days before these courts were created, the whole
of western Vermont was named “Bennington County.” Above, then,
in courts constituted exclusively of the Governor, Lieut.-Governor, and
Council, there are the twelve Councillors, and JOHN THROOP is not
among them. He was not Councillor until 1779.
The fact that the report of the canvassing committee for the first Coun-
cillors was left blank ought to have put investigators on their guard. Had
it done so, the conclusive facts here stated, which lie patent on the rec-
ord, would have excluded error. There doubtless was a reason for leav-
ing the report blank temporarily. The same committee had reported
that there had been no election of Deputy-Governor by the people,
Joseph Marsh lacking eleven votes. Mr. Marsh was then elected by the
General Assembly; but, speedily, fifteen more votes for Mr. Marsh were
"brought in” and he was elected by the people. Thus warned, the com-
236
Governor and Council-Introduction.
I
Hooker to Hartford, Conn., in 1635. John Marsh married Anne, daugh-
ter of Deputy-Governor John Webster; and after her death he married
the widow of Richard Lyman, of Northampton, Mass. Joseph Marsh, who
settled in Lebanon, Conn., in 1697, was grandson of John Marsh; and a
grandson of Joseph was the father of Vermont's first lieutenant-governor,
Col. JOSEPH MARSH of Hartford, Vt. Col. Marsh was born in Lebanon,
Conn., Jan. 12, 1726, O. S., and Jan. 10 1750 married Dorothy Mason, who
was a descendant from Major John Mason, (afterward Major-General
of all the Connecticut forces,) who in 1630 came from England to Dor-
chester, Mass., being one of the first settlers. Maj. Mason removed
to Windsor, Conn., in 1634, became very famous as commander of the
English in the Pequot Indian War, (of which he wrote a history,) and
was deputy governor from May 1660 to May 1670, when he voluntarily
retired and removed to Norwich, Conn., where he died about 1672. The
wife of Col. Marsh was a sister of Col. Jeremiah Mason of Lebanon,
Conn., who was father of the late very distinguished jurist, Hon. Jere-
miah Mason of Boston. The high expectations from such an ancestry
have been remarkably fulfilled in lieut.-gov. Marsh and his descendants,
among whom are the late Hon. Charles Marsh of Woodstock, the late
professor and president James Marsh of the University of Vermont, the
mittee may have waited for more votes for Councillors to be "brought
in," and so did not complete the report.
The date of the Council's letter to Robinson, notifying him of his
election, was March 14, 1778, being the third day of the session, which
shows that the completion of the counting of votes for Councillors
had been for some reason delayed. It is certain that Mr. Slade was
too easily misled. He was Secretary of State and had the records in
his possession. If, therefore, he had printed the Council journals for
1778 with the Assembly journals which he did put into the State Papers,
he would inevitably have discovered the error that is now, the edi-
tor believes, corrected for the first time. Mr. Slade was probably mis-
led by the list in Ira Allen's History.-See Vt. Hist. Soc. Coll., vol. I, p. 392.
Allen wrote his history in England, twenty years after the election of
1778, and wrote it, as he declared, from memory. If Mr. Throop had
been at first supposed to be elected, though the fact turned out to be oth-
erwise, Allen's memory would have retained the name; and with a good
degree of confidence also, as the facts were that Mr. Robinson did not at-
tend the first (March) session, but the subsequent ones, and Allen himself
did not attend the April and May sessions, when Robinson did-the de-
benture-rolls proving both facts. Moreover, Allen's name does not ap-
pear in the only other session of that first Council-June, 1778—except
as having been designated on two committees for work to be done in the
then future. These appointments probably were made in his absence.
In any event, the record amply disproves the accuracy of Allen's mem-
ory.
Governor and Council-Introduction.
237
late Dr. Leonard Marsh of Burlington, and the Hon. George P. Marsh
of Burlington, who yet lives to command, through his great attainments,
the homage of the best scholars in Europe and America. The descend-
ants of Col. Marsh, specially those just named, possessed in a remarka-
ble degree the intellectual qualities ascribed to the colonel by his grand-
son Roswell Marsh, as hereinafter noticed.
Col. Marsh settled in Hartford, Vt., in 1772, and soon was engaged
actively and influentially in public affairs. He was then, of course, a resi-
dent of Cumberland county and under the jurisdiction of New York. He
was lieutenant-colonel of the upper regiment of that county in August
1775, colonel in January 1776, and a member of the provincial Congress
of New York for the sessions commencing in February, May 14, and July
9, 1776. He was absent during the whole of the February and part of the
July session. In Feb. 1777 he received an order from Maj.-Gen. Schuyler
to enlist every fifth man in his regiment for the purpose of reinforcing the
continental army at Ticonderoga, which he executed promptly. In July
of that year his regiment came under the jurisdiction of Vermont, and
August 13th he was ordered by the Council of Safety to march one
half of it at once to Bennington. A family tradition is that he was in
the battle of Bennington, which Gov. Hall doubts, but adds that he may
have been subsequently in service on the Hudson. The Hon. Roswell
Marsh of Steubenville, Ohio, grandson of the lieut.-governor, in whose
family he lived until he was eighteen, is certain that leading public men
and members of the family spoke of his having a share at Bennington,
and of camp life while the regiment guarded the river to prevent Bur-
goyne's retreat and cut off supplies from Canada. He added that Rev.
Lyman Potter, (formerly of Norwich, Vt., and afterward a resident of
Ohio, near Steubenville,) was chaplain of lieut.-gov. Marsh's regiment,
and was at Bennington [after the battle, most probably,] and in camp at
Whitehall, Fort Ann, Fort Edward, and Sandy Hill. Gov. Hall is
undoubtedly correct, since the order dated at Bennington Aug. :3 could
not possibly reach Col Marsh at Hartford in time for him to get his men
into the battle at Bennington on the 16th; but the order confirms the
remainder of Roswell Marsh's statement. Col. Marsh's regiment,
(half at least,) having gone into the field under orders, could not leave it
until a discharge had been granted.
Col. Marsh was a member of the Windsor Convention of June 4; also
July 2, and Dec. 24, 1777, being vice president; and by the July con-
vention he was appointed chairman of the committee raised to secure
arms to supply the state. In March 1778 he was elected lieutenant-
Governor, to which office he was re-elected in 1779 and annually from
1787 to 1790. In the same month he was designated member and chair-
man of the court of confiscation for eastern Vermont. He was chair-
man of a Committee of Safety for a section of Vermont, and apparently
of New Hampshire also, with head-quarters at Dresden, which was that
part of the territory of Hanover that was then owned by the corporation
238
Governor and Council-Introduction.
of Dartmouth College. He represented Hartford in the General Assembly
of 1781 and '82. He was one of the first Council of Censors, in 1785. From
1787 to 1795, nine years, he was chief judge of Windsor county court, his
last public office.
Col. Marsh (said Roswell Marsh) went to school but a single month.
and his advantages from books were limited; but what he read he fully
mastered and then held it with a tenacious memory. He excelled in
acquiring knowledge from conversation; and his own was exceedingly
interesting. His knowledge, however acquired, was utilized by a close
logical mind. His temper was equable, and children loved him. In
politics nothing, save remarks disrespectful to President Washington,
ever disturbed him, for he was of the pure Washingtonian school, and
trained his children in it. He was an earnest Christian, but free from
bigotry. In person he was of large stature and well proportioned—
broad shouldered, large boned, lean, and of great muscular power; in
weight over two hundred. His dress was of the Washington pattern-
small clothes and the triangular hat. He was a bold and graceful horse-
man, kept a chaise, but never used it for himself alone. Col. Marsh
died February 9, 1811.¹-See Blake's Biographical Dictionary; Eastern
Vermont; Vt. Historical Society Collections, vol. 1; Hon. James Barrett's
Memorial Address on Hon. Charles Marsh, 1870, specially the letter
of Roswell Marsh appended, from which this sketch of the personal
traits of Col. Marsh has been drawn; and Drake's Dictionary of Amer-
ican Biography.
Col. TIMOTHY BROWNSON was among the first permanent settlers of
Sunderland, in 1766, but in 1764 he had been one of the committee appointed
to settle with the collector of the grantees, superintend the allotments, and
survey and lay out the roads in that town. He was from New Framing-
ham, Conn. He was a prominent man in the civil affairs of the State,
one of the most trusted and confidential advisers of gov. Chittenden,
a delegate in the Conventions of Jan. 16 and Sept. 25, 1776, and was of
the twelve advizers appointed to attend the next Convention. He was also
a member of the Convention which adopted the Constitution, and council-
lor 1778-'84 and 1787-'94. He was one of the eight persons named by gov.
Chittenden as having been cognizant of the Haldimand negotiation, and
a member of the Convention of 1791 which adopted the Constitution of
the United States.-See Vt. Hist. Mag., vol. I, p. 239; Early History, p.
458; and Deming's Catalogue, 1778 to 1851.
The dates of his birth and death are given about a year earlier in
Thompson's Gazetteer, 1824. The dates of birth and marriage above are
from the official records; and the date of death is from the tomb-stone
at his grave.
Governor and Council-Introduction.
239
For the following biographical notice of BENJAMIN EMMONS, of Wood-
stock, the editor is indebted to HENRY S. DANA, Esq.
The family to which Benjamin Emmons belonged, lived originally in
Massachusetts, but soon after the close of the French and Indian war
eight brothers of the family had settled in the region of Hinsdale and
Chesterfield, N. H. These brothers were all remarkable for vigorous
frames, great muscular strength, and active spirits. Several of them had
seen service in the last war, and had made themselves noted throughout
all the borders for courage and for deeds of daring. In April, 1772, Ben-
jamin Emmons left Chesterfield and settled with his family in the town-
ship of Woodstock. He took at once an active part in organizing the
new settlement, and at the first town meeting held in May, 1773, he was
chosen supervisor. The duties of this office, which he filled for two
years, made him familiar with the civil affairs of Cumberland county and
with all the political movements of the day, over which his good judg-
ment and his faculty for business must soon have begun to exercise an
influence. At the annual town meeting in Woodstock, May 1775, he was
chosen a member of the Committee of Safety, and he remained on this
Committee as long as it existed. In August of the same year he was a
lieutenant, under New York, of the upper regiment of Cumberland
County, and in June 1776 a member of the County Committee of Safety.
From the outset Emmons' own political sentiments seem to have been
clear and pronounced. He was for the independence of the colonies as
against the mother country, and when in the New Hampshire Grants
the break with New York was fairly begun, he was for the independence
of the Grants. Though not enrolled among the members of the Dorset
Convention, at the adjourned session of this Convention, held in West-
minster Oct. 30, 1776, he was placed on a committee to canvass Cumber-
land and Gloucester counties, for the purpose of making the people
acquainted with the objects of the Convention and of stirring up their
minds to favor a separation from New York. At the next two sessions of
this Convention, held the first in Westminster and the second in Wind-
sor, he was present as delegate from Woodstock. All this active service
prepared the way for his being returned to the Convention which assem-
bled at Windsor on the 2d of July, 1777, and framed a constitution for
the new State of Vermont. The people were not unmindful of his ser-
vices thus far in securing the independence of Vermont, and at the first
election held under the constitution elected him one of the twelve coun-
cilors. Furthermore, when it seemed good to establish a court of con-
fiscation, soon after the General Assembly met in March, 1778, Emmons
was appointed one of its members. His sound judgment and well-known
patriotism were sufficient reasons why he might be made a member of
1 That Emmons sat in this Convention may be accepted as a fact on
the express testimony of Dr. Joseph A. Gallup, formerly of Woodstock,
and of Dr. Lewis Emmons, now living in Hartland.
240
Governor and Council-Introduction.
this court, but with some minds it may have added to his fitness for the
post that he could show in his own town seven thousand acres of land
to be confiscated, formerly the property of Charles Ward Apthrop of
New York.
After serving as councillor several years, Emmons in 1781 was ap-
pointed assistant judge of Windsor county court, his commission bear-
ing date the 16th of April. For some reason he declined the office at
the October session of the legislature in the same year. From 1779 he
was elected each year to the council till 1786. In that year he was chosen
to represent Woodstock in the General Assembly, and it is a good proof
of the high regard his fellow citizens had for him that he was called to
serve as their representative eleven years in all, receiving his last election
1803. Likewise that he was a leading member of the House, is well
known from the ample testimony of such men as Luce of Hartland, and
Perry of Pomfret, and others who were members with him. For one act
at least the people of his own town can credit him. After Windsor
county was incorporated in 1781, with his usual sagacity he planned and
arranged that as soon as possible Woodstock should become the shire
town of the county. He accomplished his object finally by the passage
of an act to that effect the first year he was a member of the House, and
the opponents of the measure did not submit with good grace to the easy
manner in which he had overcome them by his superior tactics.
To conclude, Emmons was chosen in 1791 a member of the conven-
tion which adopted the constitution of the United States, and one of the
council of censors for 1799. With his election to the House in 1803 his
career as a public man ended. He had now nearly reached his fourscore
years. For a period of thirty years he had devoted his best energies to
public affairs, and had exercised a large influence over the political move-
ments in which he had been involved. Nor had he been a less active
and useful man in the town where he lived, with wisdom and good will
doing his part in matters of merely local interest. The affairs of the
school district received his careful attention; as a justice of the peace
his judgment and equity made his work abundant and his name famous.
As money was scarce in those days and neat stock was used largely in
payment of debts, "Squire Emmons" was the man to whom every body
went, for years, to fix the price at which stock should be received.
About the year 1806 several of Mr. Emmons' children had gone west
and settled beyond the Mississippi at St. Charles. They persuaded him
to follow them presently, giving glowing descriptions of the beauty and
fertility of the new world where they were. But he was too old to bear
transplanting, and died six weeks after reaching the promised land, in
1811, at about the age of eighty-six years.-See Records of Woodstock;
Eastern Vermont; and Deming's Catalogue.
THOMAS MURDOCK of Norwich was a member of the Westminster
Convention of Jan. 15, 1777, and of the Windsor Convention of June 4,
Governor and Council-Introduction.
241
1777. He was councillor and member of the court of confiscation in 1778
and until Oct. 1779; and judge of Windsor county court 1782-'87. He
represented Norwich in 1780 and 1782. Graham said that Mr. Murdock,
being tired with the noise and bustle of public affairs, retired to do-
mestic enjoyments and the calmer pleasures of private life. He died at
Norwich in 1803.--See Deming's Catalogue; Graham's Descriptive
Sketch; Thompson's Gazetteer, 1823.
Gen. PETER OLCOTT was another of the eminent men of Norwich,
active in both the civil and military affairs of the state. In May 1777
he was appointed by New York one of the commissioners to receive the
property of those who had joined the enemy; and in 1778, under Ver-
mont, he performed a similar service as one of the court of confiscation
for eastern Vermont. He was a member of the Windsor Convention,
June 1777; also of July and December, 1777, which adopted the consti-
tution. That Gen. OLCOTT was a delegate with JACOB BURTON, for
Norwich, in the Convention which adopted the constitution in July and
December, 1777, is stated on the authority of the late Doct. JOSEPH A.
GALLUP, who was eight years of age at the time, and had his informa-
tion from his father, WILLIAM GALLUP, who was also a delegate for
Hartland in the same convention-See Additions and Corrections, post.
In 1777 he commanded a regiment in Gloucester county, and, like
Col. Marsh, was summoned to march with half of it in August for the
relief of Bennington. Failing of course in this, for want of time, he
was nevertheless employed in other military service in that region. He
was councillor from the first session until Oct. 1779, again 1781-1790;
lieutenant-governor 1790-'93; and judge of the supreme court 1782-'84.
He died at Norwich in September 1808.-See Eastern Vermont; Dem-
ing's Catalogue; Legislative Directory; Thompson's Gazetteer.
THOMAS CHANDLER, Jr., Secretary, seems to have filled that station
by virtue of his election as Secretary of State, by the General Assembly,
March 13, 1778. On that day he took the oaths of office and commenced
service as Secretary of the Council. He was son of Thomas Chand-
ler, senior, who was chief judge of the royal court at Westminster, which
was captured and overthrown by the whigs immediately after the West-
minster massacre. Thomas Chandler, Jr., was born [probably at Wood-
stock, Conn.,] Sept. 23, 1740, (old style,) and came to New Flamstead,
Vt., (now Chester,) with his father in 1763. In March of that year, at a
meeting of the proprietors, holden at Worcester Mass., he was appointed.
town clerk, and he held that office until March 1780. July 16, 1766, he
was appointed (by New York) assistant justice of the inferior court of
common pleas for Cumberland county, and he held the office until after
the Westminster massacre. He was a delegate in the Westminster Con-
vention in Oct. 1776, and Jan. 1777.¹ He was elected to the first
¹ The records of the Conventions and of the Assembly omit the junior.
It was Thomas Chandler who was elected Secretary of State, but when he
242
Governor and Council-Introduction.
General Assembly, in March 1778, also Oct. 1778-81, and in 1787. He
was elected clerk of the first General Assembly (while a representative,)
but abandoned both posts to be Secretary of State. He was speaker of the
Assembly Oct. 1778-80, resigning in the middle of the session of the
last year on account of charges affecting his character, for which he
brought a libel suit and recovered damages. He was judge of the first
supreme court, elected in Oct. 1778, and of Windsor county court in 1786.
He was reduced to poverty by sickness in his family, and was constrained
to ask, by petition, Oct. 15, 1792, for an act of insolvency in his behalf.—
See Eastern Vermont; Deming's Catalogue; and Legislative Directory.
came to act at such, he added the junior to his name. It is presumed
that every reference in the records (except in an act for the relief of
Thomas Chandler, passed at the October session 1785,) refers to Thomas
Chandler, Jr.
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
FIRST SESSION WITH THE GENERAL ASSEMBLY, MARCH 1778.
STATE OF VERMONT,
WINDSOR, March 13, 1778.³¹
This day Commences the first Proceedings of Council upon the Estab-
lishment of the Constitution of the State of VERMONT.
Sir,—Whereas the Freemen of this State have by their Vote appointed
you to be one of the members of the Honble Council of this State, &
whereas it is of Necessity that the Several members be Together at this
present Sessions of General Assembly, you are therefore desired to
Attend that business immediately.
By order of the Govr. & Council,
The Honble Jacob Bayley, Esqr.
THOS. CHANDLER, Jur Sec'y.
STATE OF VERMONT, Windsor 14 March 1778.
Sir,-You are by the freemen of this State appointed a member of
Council. You are directed to Attend the business at this place with all
Convenient dispatch.
I am your honor's Humble Servant,
By order of the Govr. & Council,
Moses Robinson, Esqr.
THOS. CHANDLER, Jur. Sec'y.
¹ From the Assembly Journal of March 13 :
The Governor, Deputy-Governor, Treasurer, and Council were sworn
to their several offices.-See Constitution, ante, chap. II, sec. IX.
Doct. Jonas Fay, Capt. Ira Allen and Colº. Peter Olcott appointed by
the Council to join a Committee of the Assembly to wait on a committee
from the east side of Connecticut river, [in reference to union with Ver-
mont.] March 18, the Assembly resolved to lay the proposition of this
committee before the people of this state for their consideration and
determination.~[For papers on the first union of New Hampshire towns
with Vermont, see Appendix G, No. 1.]
2
That is, the several expected daily sessions of the body. The word
"session," as descriptive of the entire time the Council, the General
Assembly, or both bodies jointly, were together, was not then used.
244
Governor and Council-March, 1778.
STATE OF VERMONT.
In General Assembly Windsor 14 March 1778.
In General Assembly of the Representatives of the freemen of the
State of Vermont,
Resolved, that His Excellency the Governor, Depy. Governor, & the
Honorable Council of the State, or such persons as they shall appoint of
their body. be hereby impowered to draw on the Treasurer General of
this State for such sums of money as they shall need to Settle with the
Rangers & others heretofore Raised for the defence & Security of this
or the United States of America, Agreeable to an act of Convention or
of Council for said purpose, & all other Just Debts of this State, they
Rendering an account of the Same to such Auditor or Auditors as shall
be by this House appointed for that purpose.
By order of Assembly,
NATHAN CLARK, Speaker.
Test, BENJAMIN BALDWIN, Clerk.
To His Excellency, Govr. & Council.2
STATE OF VERMONT.
In General Assembly Windsor 18 March 1778. ¹
Upon the petition of John Payne, John Ordway, Comfort Sever &
their associates, praying to be assured that they shall have the refusal of
so much of the Lands thereon discribed as shall hereafter be found to
belong to this State & that they shall be granted to them on Reasonable
Terms and Incorporated into a distinct & separate Town, as by petition
on file Bearing date Jany. 1st 1778 may appear, therefore Resolved by
this Assembly that the above named John Payne, John Ordway, Comfort
Sever, and their associates, Provided they are forty-six in number, besides
what is hereafter reserved for Public uses viz. one Right or share for the
2 From the Assembly Journal:
March 16.-Voted, to send a request to his excellency the Governor
and Council, to prepare a Bill or draught of regulating the militia, and a
mode for the defence of the Frontiers, and means to supply the Treasury
of this State.
March 17.-Voted, to accept the Bill presented to the House of Repre-
sentatives by his Excellency the Governor and Council describing the
boundaries of the country on the west side of the mountains.~[All
Western Vermont named " Bennington County."]
Voted, that the bill presented to this House by the Governor and
Council be altered, and, in the place of "New Hampshire," insert the
west bank of Connecticut river. [Thus fixing the eastern boundary of
Vermont on the west bank.]
Voted, to accept the bill presented to this House by the Governor &
Council, prescribing the boundaries & the County on the east side of the
mountains, with the alteration as above.-[Eastern Vermont first called
Unity County," which was changed to "Cumberland."]
¹From the Assembly Journal:
March 18.-The act for providing, altering, regulating and mending
highways, with the exceptions presented to this House by the Governor
and Council, was put to vote, and passed in the negative.
Voted, that the style of the Governor of this State be His Excellency
Voted, to concur with the Governor and Council relative to the time and
place when and where to adjourn this Assembly whenever they think
proper to adjourn.
Governor and Council-March, 1778.
245
first settled minister, one for the parsonage, one for a School, & four
hundred acres, which is Reserved in the southwest Corner of the said
Town for the use of a College, Be assured, that the rest of the Land above
referred to shall be granted to them agreeable to the Tennor of their Sa
request at the appraisal of Indifferent men, as Wild Lands, when the
Circumstances of this State will admit of its being done with propriety;
on Condition of one Settler be settled on each private share in two
years after Granted, the said petitioners advancing the sum of Two
thousand dollars on Loan in the Loan Office which shall hereafter be
established in this State, agreeable to the proposals of their agent to this
Assembly within Two months after such Loan office shall be properly
Erected.
Passed in House of Representatives,
BENJAMIN BALDWIN, Clerk.
WINDSOR, March 13, [19,] 1778.¹
STATE OF VERMONT. In Council, date above.
In Council, date above.}
To Captain Thomas Sawyer.-By Express have the honor of your Wor-
thy exertions on thursday. While we regret the loss of Lt. Barnum
and your men, Congratulate you on your Signal Victory over such a
Superiority of numbers. Viewing your dangerous and Remote Situa-
tion, the difficulty in Reinforcing & supplying you, do therefore direct
you to Retreat to the Block-house in New Haven. Bring with you all
'It is not possible that this date could be the 13th at Windsor, the ex-
treme eastern border of the state, as the fight was on the 12th at Shel-
burne on the extreme western border. Capt. Sawyer went from Shel-
burne to Clarendon, some days' work then, and from thence sent the
express messenger, who did not reach Windsor until the 19th, on which
day the Assembly received his message. On the 19th the Governor and
Council sent their orders by the messenger ou his return, and of course
sent the above letter by the same hand. In 1776 Moses Pierson had
raised a large crop of wheat on what has for years been celebrated
as "the Ezra Meech farm," which lies on the lake a few miles south of
Burlington city. He was forced by his fear of the enemy to leave in the
autumn, but he returned in January 1777, accompanied by Capt. Thomas
Sawyer and fourteen soldiers, who had marched through the trackless
wilderness about ninety miles, none of them being mounted but the
captain. Two months were spent in strengthening the place, resulting
in a block-house, made of large logs laid closely together, and with few
windows. On the 12th of March this party was attacked by a party of
fifty-seven, Indians apparently, commanded by a British officer. The
fight was stubborn; twice the house was set on fire by the enemy, but
the flames were extinguished, once by Lieut. Barnabas Barnum of Monk-
ton, who lost his life by the daring act. After fighting two hours, the
enemy retreated, were pursued, and two of them were captured. The
Vermonters lost, in addition to Barnum, Joshua Woodward, (residence
not known,) and Samuel Daniels of Leicester-three killed. The loss
of the enemy was at least twelve killed, among whom were a British cap-
tain and an Indian chief. In 1814 several British officers were captured
246
Governor and Council-March, 1778.
the Friendly Inhabitants. You are not to distroy any Buildings, wheat
or the effects. You will remain at sa Block-house until relieved by Cap-
tain Ebenezer Allen, or Capt. Isaac Clark, who are directed immediately
to repair to your Relief.
By order of the Governor & Council,
THOS. CHANDLER, Jur, Sec'y.
Voted in General Assembly this should be sent.
To Capt. Sawyer.
BENJA. BALDWIN, Clerk.
STATE OF VERMONT. IN COUNCIL, Windsor, March 19, 1778.¹
To Captains Ebenezer Allen and Isaac Clark:
Gentlemen,-By Express this moment Recd the accts of Captain
Thomas Sawyer's late Signal Victory over the enemy at Shelburn,-
Therefore direct you to repair to his relief without loss of Time. You
are to Take post at Fort William, on Otter Creek, for the Time being.
You will Send Scouts to protect the Inhabitants, or to harrass the En-
emy, as you in your wisdom may Determine. All the inhabitants you
cannot Safely Protect, you are to Invite to move within your lines (to be
by you prescribed for the time being) within a Reasonable time, & all
such as move to Come in (if need be) you will assist, and those that
Refuse such kind Invitations, you are to Treat as Enemies to this & the
United States of America. If possible you will secure the Wheat at
Shelburn & such other effects as shall be in your power.
not to burn or destroy any Buildings, or other effects.
You are
I am Gentlemen your obedient Humble Servant,
By order of Council, THOS. CHANDLER, Jur. Sec'y.
Captains Allen & Clark.
Voted in the House of Representatives to be sent.
BENJA. BALDWIN, Clerk.
and brought to Burlington, where Ziba Pierson (son of Moses and aged
seventeen at the date of the fight at Shelburne,) became acquainted with
one of these, a lieutenant named Larama. This man told Pierson that his
father was a captain in the British army, and was shot down at Pierson's
in Shelburne in the revolutionary war.--See histories of Shelburne, Lei-
cester, and Monkton, in Vt. Hist. Mag., vol. I.
¹ From the Assembly Journal:
March 19.-Voted, that the Council do take the express (sent from
Capt. [Thomas] Sawyer in Clarendon) into consideration and report
thereon to this House.
Voted, to send the order presented to this House, [in consequence of
the preceding vote,] by the Governor and Council, tó Captains Ebenezer
Allen, Isaac Clark, and Thomas Sawyer.
Voted, to petition the Governor and Council, whether they would do
any thing relative to persons which have been to the enemy and have
returned.
Voted, to give his Excellency the Governor the sum of fifty pounds
as a Salary, for the time since he came from home, until the next Session
of the General Assembly.
March 21.-A bill being presented to this House, by the Council, rel-
ative to raising men to fill up Colº. Seth Warners Regiment; which, be-
ing read and debated, was put to vote, and passed in the negative.
A bill being presented to this House by the Council, relative to estab-
lishing the common law [of England] as the law of this State; which
being read and debated, was put to vote, and passed in the affirmative.
Governor and Council-March, 1778.
247
STATE OF VERMONT. Windsor 23 March 1778.¹
Sir,-You are hereby directed to diliver to the bearer Mr. Watts Hub-
bard the Bond made by Zebediah [Zedekiah] Stone Esqr, the bearer
[Hubbard] & Alexander Parmalee for the Safe keeping in Custody
Watts Hubbard Ju™-, for which this shall be you Sufficient discharge with
his Rect. on the back. I am Sir your Humble Servant,
By order of Council,
Capt. William Dean.
THOMAS CHANDLER, Jur., Sec'y.
[STATE OF VERMONT. IN GENERAL ASSEMBLY, March 24, 1778.]²
Whereas it is Represented to this Assembly that there are certain
Parcels of Land divided into Lotts Lying in the Township of Hertford
formerly the Property of White Head Hicks, and others now gone over
to the Enemy & Consequently forfeited to the United States of Amer-
ica; & Whereas the Honble Continental Congress have Recommended
to the Several States to make Immediate Sale of such Lands; And
Whereas Mr. William Gallup of sd Town has made application to this
4
'From the Assembly Journal:
A bill was presented to this House by the Council, relative to their
paying the surgeons for dressing the wounds of the soldiers of this state,
that was wounded in the Bennington Action-being read and debated,
was put to vote, and passed in the affirmative.
2 From the Assembly Journal:
Voted to accept of the bill presented to this House by the Council,
relative [to] giving Capt. Gallup liberty to dispose of some tory land, on
certain conditions therein mentioned.
Voted to submit the drawing the lines of defence, in the northern de-
partment, unto the Governor and Council.
Voted that his honor, the deputy-Governor, have the same wages pr.
day, as a Councillor.
The constitution expressly gave to the lieutenant-governor the right
only of filling the executive office in the absence of the governor, or
when there was no governor; but the intention doubtless accorded
with the interpretation which was given from the beginning, that the
lieutenant-governor was to all intents and purposes a councillor when
he was not filling the executive chair.
3 Whitehead Hicks was mayor of N. Y. city, and one of a large num-
ber to whom Gov. Dunmore had granted fifty thousand acres of land
near Otter Creek, in violation of the orders of the king in council. Five
days after Dunmore went out of office, Hicks and his associates trans-
ferred their shares in this land to Dunmore himself, thus stamping the
grant as a fraud.-Early History, pp. 100–102.
+ WILLIAM GALLUP of Hartland was a delegate in the Convention at
Windsor, June 4, 1777, as appears from the printed record. His son,
Doct. JOSEPH A. GALLUP, in a memoir dated August 14, 1846, states that
his "father, William Gallup, was one of the seventy-one delegates, mem-
bers of the Convention that met at Dorset and Westminster and Wind-
sor in 1776, 1777, and declared Vermont a free and independent State.
248
Governor and Council-March, 1778.
body for Liberty to Dispose of the same to Good Inhabitants-Therefore
Resolved that Mr. William Gallup may agreeable to his request (on put-
ting one thousand Dollars into the Loan office of this State for the
Terme of one year, said money to be Considered as Lent to the State,
& by no meanes any payment for said Land, but that said persons
so purchasing may at the Expiration of one year have so much of said
Lands at the appraisal of men, as Lands are now disposed of, in which
case the Interest of sd money is not to be given, or as they may then
be at their option as will ammount to the money so Lent,) be permitted
to make sale of said Lands to such inhabitants. on proviso that if it should
hereafter appear that said land ought not to be disposed of as aforesaid,
that the person or persons so purchasing shall Receive their money again
of the Treasury of this State with interest for the Same at Six pr Cent
pr Annum.
Passed in the House of Assembly, March 24, 1778.
BENJAMIN BALDWIN, Clerk.
STATE OF VERMONT.
Windsor 25 March 1778.¹
IN COUNCIL, date above.
Watts Hubbard Jur. as principle & Watts Hubbard & Zedekiah Stone
both of Windsor as Sureties Recognized in Two hundred and fifty pounds
Each to the Treasurer of this State, or his Successors, the Condition of
this Recognizence is Such that if the Above said Watts Hubbard Jur.
shall appear before the Special [court] of the half Shire of Westminster
when Summoned thereto, & not Depart there without Leave, then this
present Obligation to be void otherwise to remain in full force and
Virtue.
STATE OF VERMONT, Windsor March 25, 1778.
In the House of Representatives.
Resolved that Each Councillor have three Dollars and a half for Each
Day that they Spend in the Service of this State Together with 4d pr
Mile Travelling, to be laid before his Excellency in Council.
BENJAMIN BALDWIN, Clerk.
Test,
STATE OF VERMONT.
WINDSOR 26 March 1778.
IN COUNCIL, date above.
}
Whereas it is Absolutely necessary that a Court be appointed to Con-
fiscate & order the Sale of the Estates both Real & personal belonging to
the Enemies of the United States, & which lies within the Limits of this
State-And whereas the Honorable the General Assembly of this State
have impowered the Governor & Council to Determine the Same, there-
Although only of the age of eight years, I well remember the time of
these transactions and the great solicitude and excitement that prevailed
and seemed to pervade the minds of all classes of society. He died Au-
gust 13, 1803, aged 69 years. He had been a delegate of the Convention
which met at Windsor to frame a constitution for the State of Vermont;
was also for many years a member of the General Assembly." For this
extract the editor is indebted to HENRY S. DANA, Esq., of Woodstock.
¹ From the Assembly Journal :
Voted, to allow the Secretary of this State three times as much fees, for
all business that he does, or may perform, except for memorials or peti-
Governor and Council-March, 1778.
249
fore Resolved, that his honor the Lt. Governor with Gen. Jacob Bayley,
Major Thomas Murdock, Colo. Peter Olcott, Benjamin Emmons Esqr.,
Paul Spooner Esqr, Colo. Benjamin Carpenter, (any four of whom to be
a quorum) be & are hereby appointed a Court & Impowered to Confis-
cate and order Sale to be made of all such Lands & Estates, as shall by
Sufficient Evidence appear to be forfeited, within the County of Cumber-
land, and order the produce of the Same into the Treasury of this State.
They are Also impowered to appoint Commissioners to Adjust and Settle
the accounts of the creditors to said Estates, and order payment for the
Same, and Also to settle the accounts of the Soldiers & others in the
service of this State the Last Campaign, & give orders to the Treasurer
or his Clerk for the payment thereof.
By order of Governor & Council,
THOMAS CHANDLER, Jur, Sec'y.
This Council do appoint Capt. Sam Robinson & Mr. Thomas Rowley
to be County Surveyors for the County of Bennington.
By order of Govr. & Council,
THOS. CHANDLER, Jur., Sec'y.
To Benjamin Fay, Esq”…,
This Council Reposing Special trust and Confidence in your Loyalty &
Good Conduct do hereby appoint you to be Sheriff within & for the Coun-
ty of Bennington, you are therefore duly & faithfully from time to Time,
to do & perform, the duty of Sheriff within said County and you are here-
by impowered to Depute one sufficient person to Serve under you until
another shall be duly choosen & sworn in your Room, for which this shall
be your Sufficient Warrent.
Given in the Council Chamber, date above,
THOS. CHANDLER, Jur, Sec'y.
STATE OF VERMONT. IN COUNCIL, March 26 1778.
This Council have appointed John Hatch Esqr., Joshua Bayley, Mr.
Ezra Sargent, & Mr. Darius Sessions as County Surveyors for the County
of Cumberland for the Time being.
This Council have appointed John Benjamin for a Sheriff for the Coun-
ty of Cumberland for the Time being.
This Council have appointed Colo. Moses Robinson & Jonas Fay Esqrs.
as a Committee to prepare bills to lay before the General Assembly at
their next Sessions.
Voted, that his Excellency the Governor & Council that Live in the
County of Bennington, be a Court to Confiscate the Estate of those per-
sons that are Enemies, in the Same form as those in the County of Cum-
berland are.
tions to the General Assembly; and he shall not be entitled to no more
fees for the petitions to this Assembly than what is specified in the Con-
necticut law.
Passed the bill impowering the Governor and Council to confer with
the Commander in Chief, and to draw such lines of defence as they shall
Judge proper.
Voted, to accept the report of the Committee relative to raising men ;
the same to be laid before the Governor and Council. [This was to re-
cruit Warner's continental regiment.]
Voted, to pass the militia bill presented to this House by the Council,
into an act of this Assembly.
18
250
Governor and Council-April 7–11, 1778.
S
WINDSOR 26 March 1778.¹
STATE OF VERMONT. IN COUNCIL, date above.
Voted, that the IIouble Joseph Marsh Esqr. & the Honble Jonas Fay
Esq. be Delegates to Wait on the Honble Continental Congress, to an-
nounce to that Honble hody the formation of this State. Likewise voted
to invite Colo. Elisha Payne, to accompany the above persons for the
purposes Above Written.
Voted to adjourn this Council from this place to meet at Arlington on
Tuesday the Seventh day of April next to meet at the Dwelling house of
Elnathan Murwin in said Arlington.
[The End of the Session Held at Windsor March 1778.]
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
ADJOURNED SESSION ARLINGTON, APRIL 7-11, 1778.*
STATE OF VERMONT, Arlington 9 April 1778.
Sir,-Mr. [Thomas] Brayton informs this Council that you have a side
Saddle in your Custody which is his property. He says that he has pro-
cured sufficient Bonds to the Committee for the Maintainance of his
family by which he is Intitled to Such of his Moveables as have not been
Taken & disposed of by the Authority of this State previous to his pro-
curing such Bonds. Therefore you are required to Diliver the Saddle
Passed the bill impowering the Council to dispose of tory estates, and
put the money into the Treasury of this State.
Voted that his Excellency the Governor and Council be impowered to
chuse a Committee out of their own body to prepare matters to be laid
before this House, at their next session.
[The House adjourned to the first Thursday of June; but the Council
for a special session in April.]
¹From the Assembly Journal :
Voted, that the Governor and Council be and are hereby impowered
to act respecting tory lands, as they shall judge proper or advantageous
to this State, and do justice to the persons that owned said lands.
Voted that the bill presented to this house by Lieut. Govr. Marsh, be
postponed until the next session.
Mr. Marsh was one of the committee appointed by the House on the
first day of the session to count the votes for state officers and council-
lors. This fact indicates that he was the representative for Hartford.
Deming leaves that town unrepresented at that session.
2 The adjournment was to April 7, but no entry appears until the 9th.
No quorum probably; in fact the debenture account for this session shows
only five councillors present.
Governor and Council-April 7–11, 1778.
251
to Mr. Brayton on Sight hereof, unless you have Sufficient Evidence that
any part of his goods are reserved By the Committees of Safety for the
Town of Clarindon.
By order of Govr. & Council,
To Mr. Sylvanus Brown.
MATTHEW LYON, Asst. Sec'v.
STATE OF VERMONT. IN COUNCIL, Arlington 10th Apl. 1778.
Seth Whealer appeared before this Council to Answer to a Complaint
of Capt. John Fassett, & confessed the Substance of the Complaint, &
after Mature Deliberation do judge that he shall pay a fine of Ten pounds
and Cost of Prosecution Taxed at £7 19 10.
Attest,
M. LYON, D. Secy.
STATE OF VERMONT. IN COUNCIL, Arlington 10 Apl. 1778.
Sir,-You are hereby required to Call to your assistants two suffici-
ent able bodied effective men, and such as you can repose the Greatest
Trust & Confidence in, & with them immeadiately to proceed to the Green
Mountain East of this place & from thence you are to proceed to the
North, & to Search the Woods Critically & diligently, & in case you or
Either of your party shall make discovery of any person or persons
who have voluntarily heretofore gone over to the Enemy, & are
now within this State as Spies, or otherwise, that you secure any such
person or persons, & him or them bring forthwith before this Board to
be further Dealt with according to Law. And you are hereby authorized
& impowered to Call to your assistance such of the Militia of this State
as you may from time to Time find Necessary to Carry this Measure in-
to effectual Execution, & if at any Time you should find Necessary you
are to Immediately post away the Intelligence of your Situation and the
discoveries you have made to the Gov. of this State & you are hereby
further directed & impowered to Administer an oath of secrecy to the
persons whom you shall Take to your assistance; & you are likewise to
secure any other person or persons whom you may judge to be Enemies
to this or the United States of America.
To Capt. Ebenezer Wallace.
Attest, M. LYON, D. Sec'y:
THOMAS CHITTENDEN.
STATE OF VERMONT. IN COUNCIL, Arlington, April 11 1778.
Sir, -You are hereby directed to Give William Irish a Pass to Carry
his Family down the Country to Spenser Town, & then to return to you
again as quick as Possible, & set the Time when he is to Return.
By order of Govr. & Council,
Capt. Sam Robinson.
M. LYON, D. Sec'y.
State of VERMONT. IN COUNCIL, Arlington, April 11, 1778.
This Council is Adjourned to Monday the 20th day of this Instant
April to meet at Mr. Leonard's in this Town.
By order of Govr. & Council,
M. LYON, D. Sec'y.
STATE OF VERMONT, Arlington, 11 April 1778.
The Debenture of Council.
Honble Joseph Bowker, Esqr.
Honble Jonas Fay, Esqr.
£6 0 0
390
252
Governor and Council-April 20 to May 1, 1778.
Honble Moses Robinson, Esqr.
Honble Jeremiah Clark, Esqr.
Honble Timothy Brownson,
Matthew Lyon 4 days.
Attest, MATTHEW LYON, D. Sec'y.
£3 9 0
5 8 8
0 10 6
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
ADJOURNED SESSION AT ARLINGTON, APRIL 20 TO MAY 1, 1778.¹
State of VERMONT. IN COUNCIL, Arlington, 22ª Apl. 1778.
We hav Recd a petition from the Inhabitants of the Towns on Otter
Creek North of Pittsford dated April 13 1778; and having Considered
the Petition & their present Circumstances do advize said Inhabitants
that as soon as they can Come within our Lines, they improve the op-
portunity. It does not at present appear to this Council, that we can
Guard further North than Pittsford & Castleton. Therefore you will
Conduct your selves accordingly. We shall give orders to the officer
now Commanding our party to the North, & shall Continue such orders
to any officer Commanding by Commission under this State, to Give all
possible assistants to you in moving until to [you] have had an opportu-
nity to come in, which if you do not improve you may expect to be
Treatted as enemies.
By order of Gov. & Council,
M. LYON, D. Sec'y.
To the Inhabitants to the North of Pittsford on Otter Creek.
Another letter of the Same Substance & date sent to the Inhabitants
of Panton, Addison and Bridport.
Attest
M. LYON, D. Sec'y.
STATE OF VERMONT. IN COUNCIL, Arlington April 22d. 1778.
Dear Sir, -In consequeuce of intelligence Recd at several different
times from the Northward, I have ordered the Militia (who are now on
their March) to your assistance. I have sent the Medicine & Dressings
for the use of the Corps under your Command, Bandages are not to be
had, you will therefore (if Necessity requires) Take such as can be Spared
by the Inhabitants taking a particular account of the Quantity & Its
Value that it may be paid for. I send you also one hundred of Cattridges,
I hope will be sufficient for your purpose until you will be further Sup-
plied from hence, which is now on the way. I have not the Least Doubt
of your Military skill, & the Conduct & spirit of the officers & soldiers
under your Command, & that with your exertions, in Conjunction with
those sent to your assistants, you will be able (with the Blessing of God)
1
'No entry made of proceedings until April 22.
دم
Governor and Council-April 20 to May 1, 1778. 253
to protect the Inhabitants against the fury and Rage of Savages & Dia-
bolical Tories until Seasonably Relieved. I heartily wish you Success.
And am Dr Sir your very Humble Servant.
Capt. Eben Allen.
Copy Attest, M. LYON, D. Sec'y.
THOMAS CHITTENDEN.
STATE OF VERMONT. IN COUNCIL, Arlington 22ª, Ap¹ 1778.
Such People to the Northward as have Wheat or flour, which they
Want to Change for Flour at Bennington, should Diliver the Same to
Mr. Elisha Clark N. D. Commissary for the Party at Pittsford Rutland
&c., taking his Rect therefor, specifying the quantity and Certifying
that it was Borrowed for the use of the Army, & his order thereon to
the Commissary of Issues at Bennington dessiring to Diliver to such per-
sons the Same Quantity as he has Recd of them.
By order of Govr & Council,
To whom it may Concern.
M. LYON, D. Sec'y.
STATE OF VERMONT, Arlington April 23ª, 1778.
Adjutant Joseph Fay Appeared before this Council & took the neces-
sary oath of office and Recd his Commission.
Attest,
23d.
M. LYON, D Sec'y.
Colonel Herrick is ordered to direct Lt. Col. Walbridge to Lead the
24 Company in Bennington to a Choice of Captain.
Attest,
M. LYON, D. Sec`y.
STATE OF VERMONT, Arlington 23 April 1778.
Capt. Ebenezer Wallace' Brought an account for Service done accord-
ing to orders he Reed from this Council of the 10th of March [April] 1st to
the amt of £ 15 15 0 which is Granted & the Treasurer ordered to pay
the Same.
M. LYON, D. Sec'y.
Attest,
STATE OF VERMONT. IN COUNCIL, Arlington 24 April 1778.
Whereas it has been Represented to this Council by Austin Sealey,
that you have Taken from him a Cow & Calf which is Either the pro-
perty of this State or his Son, this is therefore to request and order you
to diliver the Cow & Calf to sd Sealey, or to appear before this Council
to give the Reasons why you withhold sª Cow & Calf, forthwith.
By order of Govr & Council,
To Abraham Mattisson, Pownal.
24
MATTHEW LYON, D. Sec'y.
The Honble Moses Robinson Esq., took the Oath of Alegiance & office
& signed the Religious Test.
24
The Express sent to the Lt. Governor is Consigned to the Care of Capt.
Sawyer, Clarindon. [The express referred to seems to have been to bear
1
¹ Capt. EBENEZER WALLACE of Arlington was one of the Arlington
party charged in New York with rescuing Remember Baker from John
Munro. His name appeared later with the title of Colonel.
254
Governor and Council-April 20 to May 1, 1778.
the letter ordered by the following resolution, which appears next on the
record. The letter itself was recorded erroneously as of 24th May,
instead of April, as the date of the memorandum as to the express
above shows.]
Attest,
M. LYON, D. Sec'y.
Resolved that his Excellency the Governor write to [Lieut.] Gov.
Marsh to acquaint him that it is the Resolution of this Council that the
whole of the Troops that were to be raised to fill Colo. Warner's Regi-
ment to March forthwith to Rutland, which is the Resolution of this
Council, & Governor Marsh is to be requested & ordered to order the
officers commanding the Said Troops to March them to be raised in Cum-
berland County to Rutland, and the Governor is to order the Command-
ing officer of the Two Regiments in this [Bennington] County to order
their men Immeadiately to March. Attest, M. LYON, D. Sec'y.
ARLINGTON, 24 May [April] 1778.
Sir,-In consequence of orders from the Honble Major General Gates,
the Continental Battalions at Albany are Marched to Peekskills and
Colonel Warners Regiment to Albany. Your honor is no Doubt sensi-
ble the Term for which the Corps under Capt. Allen's Command were
engaged expires the 2 day of May next, after which Term they cannot
be prevailed upon to remain. When these several circumstances come
to be duly Weighed, and considering at the same time, that several of
the Enemies Armed Vessels are now at and about Crownpoint and Ty-
conderoga, which has already occasioned an alarm through the whole
Militia of this state, that some effectual measure be immediately adopted
for the Protection of Its frontiers; I have by the advice of my Council
wrote the Commanding officer of the Northern Department, Requesting
the assistance of Colo. Warners Regiment, or some other Continental
Regiment for that Service. I have Recd accounts from Major Gen¹ Con-
way at Albany that it is not intended to remove Col. Warners Regi-
ment out of this State except for some tempery [temporary] service, but
since it is out of my power to Determine the Length of a pice of Tem-
pery service, am therefore of opinion with this Council that it is abso-
lutely necessary that the Troops ordered by the General Assembly to be
raised within this State & added to Colonel Warner's Regiment for seven
Months Service to be forthwith ordered to be filled up and Marched
without the Least delay to Rutland for the purpose aforesaid. You are
therefore hereby desired and Commanded to cause the number of Troops
ordered to be raised in the County of Cumberland for the purpose afore-
said to be immeadiately filled up (if not already Compleated) & order
their officers to March them by the Shortest & most Convenient Route
to Rutland aforesaid where they will join those Troops ordered in the
County of Bennington, where they will Receive further orders from me.
As I flatter myself the Troops are nearly or quite compleated I make
not the least Dout but they will be on their March by the 1t day of May
next with Provisions sufficient for their March to that place where they
will be duly Mustered and Receive Provisions and ammunition. Should
the Companies be [not] already Compleated, you will forward those al-
ready raised with proper officers, and hurry the Compleation of the Num-
ber ordered. You will Let me know the Time the Troops will arriv at
Rutland that Provisions may be ready for their reception. The papers
directed to the Commanding officer of the County of Glouster, as for-
warded to you, your Wisdom will direct their use.
I am Honble Sir your most Obt. Humble Servant,
THOMAS CHITTENDEN, Capt. Gen¹.
To Lieut. Gov. Joseph Marsh.
Governor and Council-April 20 to May 1, 1778. 255
STATE OF VERMONT. IN COUNCIL, Arlington 24 Apr. 1778.
Sir,-Whereas Colo. Warners Regiment is ordered to Albany for the
Present, & whereas there is Absolute Necessity of a number of men to
be immeadiately sent to Guard the Frontier Inhabitants of this State in
as much as the Time for which Capt. Allen & Capt. Clarks men were
Engaged Expires the Second day of May next, after which Time they
cannot be prevailed with to remain there Longer, therefore you are
hereby directed & ordered to immeadiately Raise fifty-seven able bodied
men which were ordered to be raised in the 24 Regiment by the Gene-
ral Assembly of this State which you now have the honor to Command,
& cause them to be properly officered by some of the Militia officers of
your Regiment & every way equiped for a Campaign & order them to
March to Rutland as quick as possible where they will be joined by the
other Troops ordered to be raised by this State, the said Militia officers
to Continue in Service until the Rising of the Adjourned Sessions of
Assembly, (which sits the 4 day of June next) unless sooner discharged.
By order of Govr. & Council,
M. LYON, D. Secy.
To Colo. Samuel Herrick.
Orders of the same Tennor & Date (of the above) Issued to the Colº.
of the 5 Regiment of Militia except 60 men in Lieu of 57.
Attest,
M. LYON, D. Sec'y.
STATE OF VERMONT. IN COUNCIL, Arlington 24th Apl. 1778.
Sir,—You are hereby commanded to March the Troops under your
Command to the assistance of Capt. Ebenezer Allen, in the Northern
Frontiers of this State, where you will continue for the Protection
thereof, and to assist in Removing such families within the Lines of De-
fence as you find in your Power, having always Reference to the neces-
sitous circumstances of such families who are unable to help themselves;
in doing of which you are to be particularly cautious that the effects of
such Families be kept as Compact, & with as much Safety as possible.
You will Continue in Service twelve days from the 224 of this Instant,
or more if you find it Necessary unless you shall Receive Counter orders
from this Board. Those who give their assistants in Removing the
Families will be Supplied with provisions by such Families until Pro-
visions arives for those Troops (as well as for the Corps under Capt.
Allens Command) which is now on the way.
By order of Govг. & Council,
To Capt. N. Smith.
M. LYON, D. Sec'y.
STATE OF VERMONT. IN COUNCIL. Arlington, Apl. 25 1778.
The Debenture of Council.
Honble Joseph Bowker
do
Thimo. Brownson
do Moses Robinson
do
Jonas Fay
do
Jeremiah Clark,
M. Lyon D. Sec's 5 days.
STATE OF VERMONT.
£4 19 0
550
5 10 0
6 11 0
370
M. LYON, D. Sec'y.
ARLINGTON, 25 April 1778.
IN COUNCIL date above.
}
Peter Roberts Commissioner of Sequestration is desired to Allow
Ephraim Mallery to Live one Month in the house formerly his property.
256
Governor and Council-April 20 to May 1, 1778.
ARLINGTON, April 27th 1778.
Dear Sir,-Yours of yesterday's date is now on the Table, in which
you inform of the Rect. of the order sent you from this Council, in which
you talk of difficulty and impossibilities. I am very sorry to hear that
any thing Resolved on by the General Assembly of the Representatives
of the freemen of this State, should be thought by you difficult and Im-
possible. As to the time of Service mentioned in your Letter, I cannot
Determine which you mean, officers or soldiers. That is Clearly set
forth in your orders. If you mean soldiers, that is Seven months from
the fifth day of May next. Their wages is to be four pounds for a Sol-
dier and in proportion for non Commissioned officers. What the Conti-
nent does not allow, this State will to that amount. It is the orders of
the Assembly that those men be raised, each Town giving their own
quoto what shall be by them thought to be an equivolent for their ser-
vice, For an incouragement. The Assembly have made the Resolve
Concerning those men, & it is not in the power of this Council to alter
it Materially, as you know ours is the Executive part, theirs the Legis-
lative. I cannot say but they may alter their plan at their next Session.
I expected the Honorable Jonas Fay & Moses Robinson would have in-
formed you sufficiently on that head. While this letter was writing
Recd one from Capt. Allen which informs that it is his design to dismiss
his men when their time is out, & is very Loath to Leave the Ground
until properly returned. Therefore it is of the Utmost importance that
the men are raised immeadiately for the Security of our frontiers, before
any Alteration can be made. I expect you will Loose no time in per-
forming the orders you have recd from Council. As to the officer or offi-
cers to Command the Whole, it is not known. These are not appointed,
but will be Seasonably.
I am, &c.
THOMAS CHITTENDEN.
To
[April] 28.
Mr. Joseph Smith is to Sell the wheat that he has seized formerly the
property of Joseph Lewis, now stored at widow Potters & pay Mr.
Sprague two pounds five shillings & six pence L. Money, & as much to
himself & the remainder to send by a Safe hand to the Treasurer of
this State as soon as may be, the money to be paid to Mr. Sprague &
Mr. Smith is for Travel to Bennington & Giving Evidence against
sa Lewis. By order of Governor & Council, M. LYON, D. Sec'y.
[April] 28.
Capt. Ebenezer Wallis, Lt. Thomas Butterfield & Ensign James Haw-
ley have Taken their Commissions & the oath of Fidelity and office.
Attest,
M. LYON, D. Sec'y.
STATE OF VERMONT, Arlington 29 April, 1778. ?
IN COUNCIL date above. S
Sir,-Your Letter of the 3ª, Instant was Delivd me the 4th. I have
remarked the Contents & thought proper to omit an answer until I could
obtain further intelligence from the Commander in chief of the Northern
department of the necessity of urging the immeadiate raising the quoto
of men ordered by the General Assembly of this State for Recruiting
Colo. Warners Regiment. I have now before [me] General Gates Let-
ter of the 18 instant earnestly requesting me to Draft three hundred men
to Recruit Colo. Warner's Regiment, & that nothing might retard their
Governor and Council-April 20 to May 1, 1778. 257
immeadiate joining him when they would receive General Starks orders
who Commands in this department under the Direction of General
Gates. I immagine [this] was in consequence of inteligence he had pri-
vately reca. of the order of the General Assembly to raise the Same
three hundred men for the Same purpose. The quoto assigned for that
purpose in this County are Compleated and have been Some time in Ser-
vice at Rutland under the Cominand of Captain Brownson with part of
Colo. Warners Regiment.
Colo. Olcott writes that should he attempt to Draught the number
ordered from his Regiment, they would Engage with Col. Beedel.' I
however flatter myself that Col. Olcott must be sensible that whenever
such men are thus drafted, they are held by virtue of such draft & that
Colo. Beedel cannot be Ignorant that he has no Right to Countenance
such a measure. I have wrote General Stark on the Subject of raising
the men agreeable to General Gates request who much approves the
measure, & earnestly urges an immeadiate compliance. The absolute
necessity of this reasonable request, & the honor that will of Course
acrue to this State, oblidges me to renew my directions to you to forward
what Troops you have already engaged to Rutland without the least de-
lay & to forward the compleating the quoto as soon as may be.
I have wrote General Stark the number now in Service, & the En-
couragement you wrote me of furnishing a Considerable number more
soon-who has Communicated it to General Gates. I am Satisfied by
repeated marks of friendship & the Inteligence recd by Colo. Allen (who
is now present,) that no ill is likely to happen to this State by authority
of Congress.
I hope to have the Happiness of Your Company next week with the
other Gentlemen of the Council, & I am Sir,
Your mos Obt. Humble Servant,
M. Gen' Marsh.¹
Attest,
THOS. CHITTENDEN.
M. LYON, D. Sec'y.
ARLINGTON 1 May 1778.
The Debenture of Council.
£4 4 0
Honble Joseph Bowker, Esqr.
Honble Timo. Brownson, Esqr.
Honble Jeremiah Clark, Esqr.
M. Lyon D Sec's 5 days.
¹ Col. Timothy Bedel of New Hampshire.
3 13 6
590
1 The editor is not aware of any legal authority for giving the title of
major-general to Mr. Marsh. He is styled colonel in the record, in the
journal of the House, of his election as deputy-governor. The gover-
nor was by virtue of the constitution "commander-in-chief," and it is
surmised that governor Chittenden imagined his lieutenant in the exec-
utive office should have the military title of major-general.
258
Governor and Council-May 22–3, 1778.
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
ADJOURNED SESSION AT ARLINGTON, MAY 22-3, 1778.
Arlington 22d May, 1778.
Dear Sir,-In consequence of a Letter recd last Evening from Major
General Gates dated Fishkil the 18 Instant, requesting me to draft three
hundred men to recruit Colo Warners Regiment, I have called my Coun-
cil Together this morning for their advice in the matter. The General
Assembly of this State at their Sitting in March last, ordered 300 men
exclusive of officers to be raised for seven months service to join Col
Warner's Regimt the 1t Instant. The quoto assigned the west side the
mountain, being one hundred & fifteen, are compleated and now act-
ing in Conjunction with 40 men of Colº Warner's Regiment now under
the Command of Capt. Gideon Brownson at Rutland. At the time the
quoto ordered on the East side of the mountain in this State should have
been raised Col. Beedel received orders from the Marquis De La Fayette
to recruit a Regiment by which he has raised three hundred and ninety
nine men, a very considerable part in this State as appears by his par-
ticular return to me of the 14 İnst which has retarded the raising the
quoto on the east side. He writes viz. "We are ready on the shortest
notice to assist you against any force that may come from the Lake
against you, as some of my scouts have discovered parties on the Lake &
in the Woods." Should Major General Gates mean to have the Troops
already raised Marched to Albany, the Inhabitants on the Northern
Frontiers cannot be prevailed upon to remain in their Inhabitations,
which must not only create much cost & uneasiness to them but prevent
their raising a Considerable quantity of Provision for their own & the
publics use. Would beg your honors opinion in the premises,
& I am Dr. Sir your honor's most
Obedient Humble Servant,
THOMAS CHITTENDEN.
P. S. I am informed that Colo. Beedels men are not in actual Service
for Want of Provisions, except some small Scouts. Capt. Putnam will
Let your honors know the matter more particularly.
[No address on the record.]
T. CHITTENDEN.
State of VERMONT. IN COUNCIL, Arlington 22 May 1778.
Sir, David Bradley in Behalf of the Inhabitants of N. Haven &
Ferrisburgh, applies to this Council for liberty for those Inhabitants to
remain in their possessions at present as by reason of the Situation of
some of the Women it is impracticable for them to remove. You will please
to Allow such Indulgence to such persons as you shall from time to time
find their necessities require. I need not caution you against the
Henious crime of soldiers Plundering the Inhabitants.
I am with regard your Humble Servt,
Capt. Gideon Brownson.
THOMAS CHITTENDEN.
STATE OF VERMONT. IN COUNCIL, Arlington 22ª May 1778.
Dear General,-I am informed by the bearer hereof Capt. Putnam (who
acts in the Capacity of quarter-master) that there is no Supplies of money
in his hands to enable him to forward provisions to the Troops in the
Governor and Council-May 28, 1778.
259
Northern frontiers; and as it is of Necessity that such provisions be con-
veyed to the Troops, I therefore beg your honors assistants in furnishing
money for that purpose.
I am Dear General your most Obt Humble Servt,
Brigadier Gen'. Stark.
THOMAS CHITTENDEN.
STATE OF VERMONT. IN COUNCIL, Arlington May 23ª, 1778.
The Debenture of Council as follows, vizt.
Honble Moses Robinson, Esqr.
£2 7 0
Honble Timothy Brownson, Esq".
1 2 0
Honble Jonas Fay, Esq"
1 17 0
Honble Jeremiah Clark, Esqг.
4
0 0
Matthew Lyon, D. Sec'y, 1 Day & half.
1
RECORD OF THE GOVERNOR AND COUNCIL,
AT THE
ADJOURNED SESSION AT ARLINGTON, MAY 28, 1778.
ARLINGTON, 28 May 1778.
Names of the Officers of the 2ª Reg. of the Militia of this State.
Colonel Samuel Herrick.
Lt. Colonel Ebenezer Walbridge.
Major Gideon Olin.
Adjutant Joseph Fay.
Q. Master John Burnham.
1st Company in Bennington.
Capt. Samuel Robinson.
1 Lt. Gideon Spencer.
2d Lt.
Ens" Joseph Hinesdel.
1' Comy in Shaftsbury.
Capt. Abiather Waldo.
Lt.
2
Ensign John Sunderland.
Capt.
Lt.
1st Comy in Pownall.
Ensign
Arlington [Company.]
Capt. Eben. Wallace.
Lt. Thomas Butterfield.
Ensign James Hawley.
2ª Comy. Bennington.
Capt. Wm. Hutchins.
1t Lt. N. Filmore.¹
2ª Lt. Joseph Ruder."
Ens" Lib Armstrong.
2ª Comy in Shaftsbury.
Capt. Jonas Galusha.
Lt. Gidu Lyon.
Ens" Nathan Stone.
Capt.
Lt.
Ensn
2d Comy in Pownall.
Sunderland Comy.
Capt. Daniel Comstock.
Lt. Eli Brownson.
Nathaniel Filmore, grandfather of President Filmore.
* Joseph Rudd in Vt. Hist. Mag., p. 153.
260
Governor and Council-May 28, 1778.
Names of the officers of the 5th Regiment of this State.
Colo. Gideon Warren.
Lt. Col. James Claghorn.
Major Nathan Smith.
Adjutant Jona. Saxton.
Q. Master George Foot.
1st Comy. Manchester.
Capt. Gideon Ormsby.
Lieut. Solomon Soper.
Ens" William Saxton.
3d Comy. Reuperte.
Capt. Tapan Noble.
Lt. Enoch Eastman.
Ensn Moses Robinson.
5 Company Rutland.
Capt. Simeon Wright.
Lt. Samuel Campbell.
Ens". Nathaniel Blanchard.
7 Company Clarindon.
Capt. Thomas Sawyer.
Lt.
Ens".
9 Company Pittsford.
Capt. Benjamin Cooley.
Lt. Moses Olmsted.
Ens". James Hopkins.
11 Company Wells.
Capt. Daniel Culver.
Lt. Abel Meriman.
Ens. Zaccheus Malery.
13 Company Castleton.
Capt. Ephraim Buel.
Lt. Israel Hulbert.
Ens" Gershom Lake.
15 Company Wallingford.
Lt. Abram Ives.
Ens". Abraham Jackson.
2 Company Dorset.
Capt. Abraham Underhill.
Lt. Richard Dunning.
Ensu Ephraim Reynolds.
4 Company Tinmouth.
Capt. John Spafford.
Lt. Samuel Allen.
Ens" Orange Train.
6 Company Pawlet.
Capt. John Stark.
Lt. Samuel Willard.
Ens". Joel Harmon.
8 Company Poultney.
Capt. Zebediah Dewey.
Lt. James Brookings.
Ens". Wm. Ward.
Capt.
Lt.
Ens".
10 Company Rutland.
12 Company Danby.
Capt. Stephen Corkins.
Lt. Isaac Guage.
Ens". Thomas Rowley.
14 Company Neshoba.
Capt. Thomas Tuttle.
Lt. Nathan Daniels.
Ens". Amos Cuttler.
Capt.
16 Company Sandgate.
IN COUNCIL Arlington 28 May 1778.
To Capt. Jesse Sawyer:-You are hereby directed to Engage five Sol-
diers to go with you in Search of Enimical persons to the North of this
such places as you shall think proper, & make returns of your proceed-
ings within six days to this Council. THOS. CHITTENDEN, Gov'r.
Attest, M. LYON, D. Sec'y.
ARLINGTON, 28 May 1778.
}
STATE OF VERMONT. IN COUNCIL date above.
Whereas it has been represented to this Council that the wife of Jer-
emiah French late of Manchester (now in armes with the Enemy,) is
very turbulent & Troublesome where she now is, & refuses to obey or-
ders-
Governor and Council-June, 1778.
261
To Mr. Stephen Washburn:
Sir,-You are hereby Commanded to Take said Woman and her
children that are now in Manchester & Transport them to Head-quar-
ters at Rutland & there diliver them to the commanding officer who will
order a party of the men under his command to transport & guard them
to some convenient place on the East side of Lake Champlain when she
can go to the enemy in order to git to her husband, and also take of her
Moveable Estate formerly the property of sd. French now in her posses-
sion, two feather beds and bedding not exceeding Eight Sheets, six Cov-
erlids or blankets, 5 plates, two platters, two basons, one Quart Cup, &
knives & forks if she has such things, her own & her childrens Wearing
apparril. The rest of the moveables belonging to sd. Estate you will
sell to the best advantage in order to Defray the charge of Transporta-
tion of her & family. You will keep exact accts & the overplus you will
pay to the Treasurer of this State.
By order of Govr. & Council,
M. LYON, D. Sec'y.
RECORD OF THE GOVERNOR, DEPUTY GOVERNOR, AND COUNCIL
AT THE
ADJOURNED SESSION OF THE GENERAL ASSEMBLY
AT BENNINGTON, JUNE, 1778.
Bennington 4 June 1778,
STATE OF VERMONT. IN COUNCIL, date above.
To Benjamin Fay, Esq., Sheriff of the County of Bennington.
This Council have taken into consideration this day the within peti-
tion of David Redding now a prisoner under a sentance of Death, & do
hereby in consequence, Reprieve him the said David Redding until
thursday next the 11th Instant June precisely at the hour of Two Clock
in the afternoon of said day. You are therefore hereby ordered to Sus-
pend his Execution until that that Time.
By order of Council,
THOS. CHITTENDEN.
STATE OF VERMONT. IN COUNCIL, June 5th 1778.
Sir,-Yours of this day date, have recd. In answer thereto would in-
form you, that Redding did petition the General Assembly of this State
for a Rehearing in as much as he was Tried by a Jury of six men only.
The members of Assembly not being come so fully before the time of
his Execution, so as to Determine the matter, therefore this Council
have reprieved sa Redding from being executed until Thursday next
2 °Clock in the afternoon. This Council do not Doubt in the Least but
that the sa Redding will have Justice done him to the satisfaction of the
public.
By order of Gov. & Council
THOS. CHANDLER, Jur, Sec'y.
Colo. Samuel Herrick.
262
Governor and Council-June, 1778.
STATE OF VERMONT. [Bennington] June 6 1778.
Sir,-You are hereby ordered & directed forthwith, to furnish a Guard
of Ten effective men, one Sergeant, one Corporal & eight privates with
Armes & ammunition Compleat to Guard the stores & prisoners in sd.
Bennington, to remain in service one week unless sooner discharged.
By order of Govг. & Council, THOS. CHANDLER, Ju™, Sec'y.
BENNINGTON 6 June 1778.
Sir,—You are hereby required to furnish four effective men of your
Regt. to join & do duty with the Guard at this place, this night, & until
8 Clock Tomorrow Morning or until you may furnish a Guard for a
longer time agreeable to a former order from this Board.
By order of Govr. & Council, THO. CHANDLER, Jur., Sec'y. 2
BENNINGTON 8 June 1778.
IN COUNCIL date above.
STATE OF VERMONT.
}
Voted to Allow Capt. Ebenezer Allen Eight shillings for Each man
he inlisted into the ranging service Last fall. Voted to choose a Com-
mittee to settle accounts with Capt. Ebenezer Allen. Choose Col. Rob-
inson & Doct. Spooner for said Committee.
June 9th.
Voted to choose a Committee to Draw a Congratulatory letter to Colo.
Ethan Allen' on his arrival from Captivity. Choose Doct. Jonas Fay
Esq. & Colo. Moses Robinson Esqr. for said Committee.
1 The record does not show to whom these two orders were addressed.
Samuel Herrick was colonel of the regiment which embraced Benning-
ton, and he made inquiries concerning Redding's case on the previous
day, probably to elicit such a reply as would allay excitement. The tra-
dition is that the people were very much excited, and, to appease them,
ETHAN ALLEN mounted a stump and promised that, if Redding escaped,
he would be hung himself.—See Slade's State Papers, p. 269.
2 The birth of ETHAN ALLEN at Litchfield, Conn., Jan. 10, 1737-8; his
coming to Vermont about 1766; his daring, persistent, and successful
resistance to the exactions attempted by New York upon the proprie-
tors of lands granted by New Hampshire; his capture of Ticonderoga;
his failure in the attempt to capture Montreal in September 1775, and his
consequent confinement as a prisoner to the British until the 6th of
May 1778; his vigorous and successful repression of resistance to the
authority of Vermont in Cumberland [Windham] county in September
1782; and his sudden death in February, 1789,* in the full vigor of man-
hood: these are the leading events in his life; but these and other events,
anecdotes, traits of character, and accounts of his writings, are familiar
already to Vermonters who care to know his history. The details of his
public and private life, including his writings, would make several vol-
umes, and any attempt to do justice to him, within the limits of a note
here, would utterly fail. It has doubtless occurred to the reader of every
biography of Ethan Allen yet published, that his public services, for the
*The date of Allen's death is variously stated, as of the 11th, 12th,
and 13th of February, 1789,
Governor and Council-June, 1778.
263
[June] 9.
Resolved that Colonel Ethan Allen be & is hereby chosen to act in
the Capacity & do the duty of States Attorney in the cause depending
more than ten years after his release from imprisonment, were far less
prominent than in the like period preceding his capture, and the im-
pression may prevail to some extent that he had lost somewhat of his
energy and zeal. both for the nation and the state. On this point some-
thing may properly be suggested. It is true that his patriotism was
doubted in the closing months of 1780; that he was arraigned before the
General Assembly, when he resigned his commission as general of the
Vermont militia, because "there was uneasiness among some of the peo-
ple upon account of his command." The proof stands upon the journals
of the General Assembly that he was very indignant that, as he said, “false
and ignominious aspersions against him" were entertained for a mo-
ment; but there, also, the proof stands of his acquittal, of his conscious-
ness that public confidence would in due time be restored to him, and
of his readiness to give his best services when desired. On resigning
his commission as general he said: "if the assembly thought best to give
him the command at any time, he would endeavor to serve the state ac-
cording to his abilities." Active war between Vermont and Great Brit-
ain was substantially ended at this time-in fact in October 1780, when
our militia and volunteers were dismissed. Henceforth, until the gene-
eral suspension of hostilities, diplomacy took the place of arms, and the
state was successfully defended and the national cause subserved, by the
so called Haldimand correspondence. Therefore no occasion occurred
to require the military services of Allen against the British; and none
could or did occur, except with the ancient enemies who had always been
resisted by Allen. He was called upon in 1782, by the General Assem-
bly and the Governor, to suppress these enemies in Windham county,
and he met the call promptly. One more occasion, and the only one,
happened in December 1781, when New York attempted force and was
defeated. Nominally Allen was not in command, but he was present
with the Vermont militia, and the allowance of his account against the
state for services in that affair indicates that he was there by good au-
thority. Undoubtedly his services were rendered on the request or
approval of Gov. Chittenden.* These facts show that the pledge of
Allen to the General Assembly in November 1780 was fully redeemed.
He could render no other military services; and that otherwise he was
as earnest and zealous as ever in sustaining the independence of the
state and promoting its interests, is abundantly evident. He was one of
the very few public men who were engaged in the Haldimand corres-
pondence; and in this he was not merely the adviser of Ira Allen and
Joseph Fay, but himself took part in the correspondence. The unions
with New Hampshire and New York towns were parts of the state pol-
*Vt. Hist. Soc. Coll., vol. II, pp. 219, 296, 297.
264
Governor and Council-June, 1778.
Between this & the United States of America & David Redding, a
prisoner to be Tried this day for enimical Conduct against this and said
United States.
By order of the Govr. & Council,
THOMAS CHANDLER, Jur. Sec'y.1
Voted to Choose a Committee to Examine the accts. of Doct". Nath'.
Dickenson. Chose Doctr. Jonas Fay & Doctr. Paul Spooner for said
Committee.
THOMAS CHANDLER Jur. Sec'y.
BENNINGTON, 12 June 1778.
}
STATE OF VERMONT. IN COUNCIL date above.
Resolved that Colo. Timothy Beedele be impowered & he is hereby
impowered to Take so much Wheat or other grain & meat or other Pro-
visions (where on inquiry it can be Spared) any where within this State,
as he may find necessary to enable him to comply with the request of
the Governour, he paying a reasonable Price for the same to the person
or persons from whom he shall receive such Grain, or other Provisions,
from whom he shall receive such grain,2 or otherwise give him or them
a Rect. for the Same.
By order of Council, THOS. CHANDLER, Jur, Sec'y.
And finally,
in
icy at the same time, and these he defended by his pen.
November 1784, when the revolution had succeeded, and the controversy
with New York was supposed to be ended, it was Ethan Allen who, by
request of Gov. Chittenden, announced to the public the happy pros-
pect, accompanying it with a brief defence of the past policy of the state
government.* That he was not as prominent as in his earlier days was
due, not to any change of his views or decay of his powers, but simply
to the fact that occasions for like prominent and striking services did not
occur in his later as in his earlier years. He was undoubtedly ready to
serve the state with sword or pen to the last day of his life, with all the
force of mind and muscle that he ever possessed. He was always a hero;
and both patriotic and heroic to the last.
'Redding was tried on the 9th, by a full jury, of course, and con-
victed as a public enemy. Jeremiah Clark presided at the trial. Red-
ding was executed on the 11th.-State Papers, 269; Vermont Historical
Magazine, vol 1. p. 234.
2 Thus on the record, the words "from whom he shall receive such
grain" being repeated.
From the Assembly Journal:
Voted, in the House of Assembly, with the advice of the Council, that
one hundred men out of Colo. Beadles [Bedel's] Regiment, be sent to
guard the frontiers, the west side of the mountain.
The first Union of New Hampshire towns with Vermont had been effected
on the preceding day, and thus Bedel's regiment fell within the jurisdiction
of Vermont, and must be supported by it. TIMOTHY BEDEL was Col-
*Vt. Hist. Soc. Coll., pp. 419, 420.
Governor and Council-June, 1778.
265
We the Committee appointed by The Honorable House of Represent-
atives of the State of Vermont to Consider the petition of Mr. John Can-
non, have dilivered' have deliberated thereon, and beg leave to offer our
opinions as follows vizt. that by all that appears to us our said petitioner
is an honest man, a very Great Sufferer and a proper object of charita-
ble redress, & ought in Justice to have some immediate help for the re-
lief of his suffering family, but as we are unacquainted with the cost he
hath been at and how far forth he hath been & still is disabled to help
himself & family, we would recommend that there be some proper per-
son appointed to confer with him and Examine into the Matter as to his
cost, who thereby may be better accomplished to affix an adequate do-
nation to him for his misfortunes, and make report to our next Sessions,
at the same time Recommend that he have Twenty pounds paid him out
of the Treasury of this State for the relief of his present necessity.
Bennington, June 12, 1778.
By order,
To his Excellency & Council.2
BENJAMIN BALDWIN, Clerk.
STATE OF VERMONT, IN COUNCIL 12th June 1778.
Dear Sir,--Your favor of the 14th May is now before me, and I cannot
but return you my thanks for the friendly sentiments and Communica-
tions therein expressed. I have recd. intelligence, that General Gates
has ordered all the Continental Troops at Albany to repair to his camp,
agreeable to which they have already Marched, by which means this ex-
tensive Frontier is left but very thinly Guarded, Colonel Warners
Regiment being the only Continental Troops left in this department,
and as there is great Danger that while the Grand movements are mak-
ing to the Southward, the Enemy will Endeavor to distress these fron-
tiers by scouting Parties thereby to divert our attention, and as covering
the Grants on this side is a Grand Security to those on the other side the
Green Mountains; and the connection between this State & a number of
Towns on the East side of Connecticut river is compleated, should think
onel of New Hampshire Rangers in the Canada campaign of 1775, and
doubtless had seen considerable military service preceding that date.
He appears occasionally in Vermont history, and was one of the persons
with whom the British General Haldimand attempted to communicate,
by Bedel's appointment, in the spring of 1782. The interview failed
because Bedel said he was watched. He was one of the Vermont Board
of War in 1781.-Records of the Revolutionary War; Vt. Hist. Soc. Coll.,
vol. II, pp. 48, 267, 273.
The words "have dilivered" have no sense here.
2 Section eighteen of the Plan or Frame of Government declared that
the Governor and Council were "to expedite the execution of such
measures as may be resolved upon by the General Assembly; and they
may draw upon the Treasurer for such sums as may be appropriated by
the House." The Governor and Council having the present functions
of the State Auditor, it was necessary that every order of the House for
the payment of money, or other matter to be executed, should be certi-
fied to the Executive body which was provided by section three of the
Frame of Government, to wit: "The supreme executive power shall be
vested in a Governor and Council.”
19
266
Governor and Council-June, 1778.
it would be for the General Good that a part of your regiment be sent
to Rutland to join those raised here for the present to be under my
direction in Council, and accordingly, should take it as a favour, that
after you have sent an hundred men to Albany, agreeable to the request
of the General, you would send over such a part of the Remains of your
Regiment as you can spare. I have consulted the Council & it is their
opinion you may spare an hundred. Your compliance with the above
will be a fresh Testimony of your attachment to this State. And well
accepted by Dr. Sir your Humble Servant,
T. CHITTENDEN.
N. B. Should be Glad you would give the Earliest notice of your
compliance or non compliance with the above request.
Colo. Beedel.
T. CHITTENDEN.
P. S. It is advised, that if you can send any assistants with your
orders from General Gates, that you send them by Onion river, & so on
to Rutland, which will serve as a Scout, & guard not only this, but your
frontiers, & to relieve & to Release them the same way as often as you
think expedient.
IN COUNCIL, Bennington 13 June 1778.
Sir,-Mr. Charles Wright of Pownal has this day been to me, & in-
forms me that you are about to sell the farm, or improvements, formerly
the Property of Samuel Anderson, or John Davoo, & that he the said
Wright claims a part of said improvements, or that when he had his
Lands surveyed by Capt. Samuel Robinson it covered a part of said im-
provements, which Capt. Samuel Robinson has now Testified to the
Truth of. You will therefore desist from Selling that part which he
Claims at present until the matter may be further Looked into from
your Humble Servt,
THOS. CHITTENDEN.
To Mr. John Burnham.
BENNINGTON 13 June 1778.
STATE OF VERMONT. IN COUNCIL. S
Sir, You are hereby Commanded to Cause to be immeadiately
Draughted in your Regiment seventy three effective men (agreeable to
an Act of the General Assembly of this State holden at Windsor the 24
day of March last) without the least delay & to see them properly offi-
cered & otherwise equipped & March them to Rutland where they will
Receive further orders from the Commanding officer at that Post.
I am Sir your most Obt. Servant,
Colo. Samuel Fletcher.
THOS. CHITTENDEN.
[June] 13.
Sir,-Inclosed you have my particular order for Draughting seventy
three men from your Regiment. I have recd. Inteligence this morning
by express from Head Quarters at Rutland, that a Scout of 500 of the
Enemy are now at Crown Point, who have Just returned from a Scalp-
ing Tour in Tryon County who have brought with them a Considerable
number of prisioners. As it is depended on, that [they] will attempt an
Immediate attack on our post at Rutland, I flatter myself you will not
Loose one minutes_time in executing such orders. Pray sir consider
the distress of the Poor Frontier Inhabitants, who are hourly in Jeop-
¹ That is, on Connecticut river.
Governor and Council-June, 1778.
267
ardy of their lives, and let humanity inspire you to exert every faculty
to give them immeadiate Relief.
I am Sir your Humble Servant,
Colo. Fletcher.
THOS. CHITTENDEN, Capt. Gl.
STATE OF VERMONT. IN COUNCIL, Bennington 13 June 1778.
Sir, Please to Diliver the Bearer Mr. Jesse Belknap Ten pounds of
Powder for the use of the Militia in Castleton.
THOMAS CHITTENDEN.
To Mr. William Sherman, Commissary, Bennington.
To Colo. Gideon Warren of the 5th Regiment in this State :
[June] 13.
Sir, -In pursuance of advice of Council & General Assembly of this
State, you are hereby ordered to Draught 27 good effective men out of
your Regiment, to be draughted out of the Towns of Dorset, Rupert,
Sandgate & Manchester, & one Capt. to command them, who will be
joined to one hundred men from Colo. Herricks Regiment & commanded
by Colo. Herrick or his Lt. Colo. who will March them directly to Rut-
land for the Defence of the Frontiers, & Remain on the Ground Twenty
days unless sooner discharged.
I am Dr Sir yours,
THOMAS CHITTENDEN, Capt. Gen¹
N. B. By Computation the above number of 27 men amounts to every
6th man.
T. CHITTENDEN.
STATE OF VERMONT. IN COUNCIL, Bennington 13 June 1778.
To Samuel Herrick Esq". Colo. of the 2ª Regiment in this State :
In pursuance to the advice of Council & the General Assembly of this
State, you are hereby ordered to Draught one hundred and one effective
men out of your Regiment (it being one sixth part of the Militia) pro-
perly officered, and either Take the Command of them or order your Lt.
Colo. to do it, to be Marched to Rutland with all speed, and Join Capt.
Brownson's Party for the immediate defense of the Frontiers. You are
to remain on the Ground 20 Days, unless sooner discharged. You will
take under your Command a part of the Militia in Colo. Warrens regi-
ment amounting to 27 men.
I am Sir yours,
THOS. CHITTENDEN, Capt. Gen'.
P. S.-The men Draughted from this Town & Pownal. Half a pound of
Powder & Two pounds of Lead or Ball will be drawn out of the Store in
this town. [For each man.]¹
STATE OF VERMONT. IN COUNCIL, Bennington 15 June 1778.
Whereas in has been represented to this Council that divers Books &
other effects, formerly the property of John Peters, are now in the hands of
¹ From the Assembly Journal:
June 13.-Voted, that Majr. [Gideon] Olin apply to the Governor and
Council for directions relative to the support of Tory families, for the
future.
CC
2 JOHN PETERS was doubly distasteful to Vermonters as a Yorker"
and a Tory. He resided in Moore town [Bradford,] and was moderator of
the first town-meeting of which the record has been preserved. He
268
Governor and Council-June, 1778.
the Committee [of Safety] of Orford, & Whereas we have understood that
they are Willing to Diliver sd effects to any Person properly authorized
to receive the Same, We do therefore constitute & appoint Jacob Bayley
Esq. Commissioner to receive the same in behalf of this and the United
States of America, & give his Rect. therefor, & Allow a reasonable Com-
pensation to said Committee for their Trouble in storing and securing
the same, and make due Returns of your doings hereon at the next Ses-
sions of Assembly to be holden at Windsor on the 2 thursday of October
By order of the Govг. & Council,
next.
THOMAS CHANDLER, Jur., Sec'y.
was appointed, by New York, justice of the peace March 16, 1770, and
Oct. 26, 1774; a commissioner to administer oaths, March 17, 1770,
and again April 10, 1772; assistant judge of inferior court of common
pleas and county clerk, March 17, 1770; and in February 1771, he set
out with judge John Taplin and sheriff John Taplin jr., [afterward
of Berlin,] to hold Gloucester county court in Kingsland [now Washing-
ton.] He was made judge of the inferior court of common pleas, Oct. 26,
1774; and county clerk again March 5, 1772. He built the first saw-
mill in Bradford in 1772, on the south side of Waits river.-See East-
ern Vermont.
Peters' account of his search for a court is as follows:
Feby. 25, 1771. Set out from Mooretown for Kingsland, traveled until
night, there being no road and the snow very deep we travelled on snow-
shoes or rackets. On the 26th we traveled some ways and held a Coun-
cil, when it was concluded it was best to open court. As we saw no line
it was not known whether in Kingsland or not. But we concluded we
were far in the woods, we did not expect to see any house unless we
marched three miles within Kingsland, and no one lived there, when the
court was ordered to be opened on the spot.-Doc. Hist. of N. Y., vol. 4.
p. 1033; and Early History, p. 156.
The first and last histories of Washington (Thompson's Gazetteer of 1824
and the Vt. Hist. Mag, vol. II,) ignore the fact that Kingsland was a
New York grant. This fact is correctly stated in Thompson's Vermont,
with the additional item that a town plot was laid out in village lots. The
township was in fact granted to King's college of New York city,
and it covered quite a magnificent scheme for a location so high up amid
the Green Mountains-a good one, however, for show. From this digres-
sion the reader may turn to the following, from Lorenzo Sabine's Bio-
graphical Sketches of Loyalists:
PETERS, JOHN, of Hebron, Connecticut. Born in 1740. A most devoted
Loyalist. He went to Canada finally, and raised a corps called the
Queens Loyal Rangers, of which Lord Dorchester gave him command
with the rank of Lieutenant Colonel. At the peace he retired to Eng-
land, and died at Paddington of gout in the head and stomach, in 1788.
His property was confiscated. He left a wife and eight children, who, at
the time of his decease, were at the island of Cape Breton. A notice of
him concludes thus: "Rebellion and Loyalty are alike fatal to some
families, and alike prosperous to others."
Governor and Council-June, 1778.
269
STATE OF VERMONT. IN COUNCIL, Bennington 16 June 1778.
To Mr. Samuel Tubbs :
Sir,-Pursuant to an order of the General Assembly of this State
bearing date the 15 of this Instant, you are hereby required to diliver
unto Doct" Jacob Roback the Cow that you have in your possession
which belongs to this State, and you are to come and settle your accts.
relative to sa Cow with this Council, & sd Doctr. Ruback is to have the
use of said Cow during the pleasure of said Council.
By order of Govr. & Council,
THOS. CHANDLER, Jur, Sec'y.
STATE OF VERMONT. Bennington 17 June 1778.
IN COUNCIL, date above.
To the Commissary of Issues in this town:
Sir,-Please to Deliver to the bearer Capt. Robinson Twenty-seven
pounds of Powder, & one hundred & eight pounds of Lead, it being to
Supply 54 of the Militia (now under Marching orders) with Each lb.
Powder & Two of Lead. Your Compliance will Oblidge Sir yours.
THOMAS CHITTENDEN, Capt. Gen'.
An order given To Timothy Moss in favour of the Town of Wells for
12 lb. Powder, 24 lb. Lead and 24 flints, on the above Commissary.
The above order returned not complied with.
STATE OF VERMONT. IN COUNCIL Bennington 17 June 1778.
Sir,-You are hereby ordered & directed to Draw out of the ammuni-
tion that is sent to the Northward 17 lb. powder & 30 lbs. Bullets it be-
ing for 15 Soldiers that [are] under your Command to Guard sd. Stores to
Rutland.
THOMAS CHITTENDEN, Capt. Gen.
To Capt. Sam¹. Robinson.
STATE OF VERMONT.
IN COUNCIL Bennington June 1778.
Upon the petition of Lurania McClane Praying to be discharged from
her Late Husband John McLane for certain reasons Mentioned in her
said petition, as by sd. Petition ou file may appear, he the sd. John Mc-
Clane being notified did not appear before this Council-This Council
having considered the petition, & the Matter contained therein with the
Evidences & their circumstances, do adjudge that the sa. Lurania of
Right ought to be discharged from the sd. John McClane & he is hereby
Divorced, and therefore Resolve and declare that the sd. Lurania be dis-
charged from him the sd. John McClane, & that she has a Good & Law-
ful Right to Marry to another man.¹
By order of the Gov. & Council, THOS. CHANDLER, Jur., Sec'y.
STATE OF VERMONT. IN COUNCIL 17 June 1778.
To the Honble General Assembly of the Representatives of the freemen of
said State:2
We the subscribers by your honors appointed a Committee to exam-
ine into the Justice of the Petition of William Haviland bearing date
The first Vermont statute on divorce of which there is any record is
the act of February 1779. That gave jurisdiction to the superior court.
* Section eight of the Frame of Government declared that the House
of Representatives "shall be stiled the General Assembly of the Repre-
sentatives of the Freemen of Vermont." The committee therefore
270
Governor and Council-June, 1778.
June 8th 1778 beg Leave to Report to your honors that it be our opin-
ion according to the Evidence proved both for & against the said
William Haviland that the said William have one half of the Grist Mill
& one half the Mill Stones that are near sd. Mills, & one third of the Saw
mill, half of the Land he purchased of Sergt. Henry Walbridge Exclu-
sive of What Mr. Sage Bought of Joseph & William Haviland, & this
State clear John Philips from the premises, & pay the said William forty
pounds Lawful Money, & that William Haviland & Moses Sage pay the
Workman, Mr. Rogers, their proper Share of the note given to said
Rogers for the money due to him for building sª Mill.
Cost of Committee
Setting £4 10 0.
}
SIMEON HATHAWAY,
SAMUEL ROBINSON,
JONATHAN WALDO,
Committee.
STATE OF VERMONT. IN COUNCIL, Bennington June 17 1778.
To [Lieut.] Colo. Ebenezer Walbridge, Commissioner of Sequestration:
Sir,-You are hereby directed to give up the Deed you now have signed
by William Haviland, unto the said William Haviland, on consideration
of the said William Haviland giving a Deed to Moses Sage, of what part
he has Granted him, by the Report of the Committee chosen for to settle
that affair, & Also to make a deed to this State, of one half of the remain-
ing part of the Laud improvements & Lands. You are also impowered
and directed on your Tendering the money according to a former Judg-
ment of the Grand Committee so called to Dispossess John Philips that is
now on the premises on the first day of November next.
By order of Council,
1
THOMAS CHITTENDEN, Govt.
complied literally with this provision of the Constitution. The words
"General Assembly" have ever stood in Vermont as the title of the body
having the legislative power of the State, and hence in the early history
meant the House of Representatives alone, and in the later embraced
the co-ordinate branches, the Senate and the House of Representatives,
and the Governor also, as his concurrence is asked in every act of leg-
islation.
1 The Governor and Council and House of Representatives were ac-
customed to meet together and consider some public matters, and such
a meeting was called "the Grand Committee," in distinction from “the
Joint Assembly” of the same bodies by which elections were made at a
later date. The first constitution provided for neither the Grand Com-
mittee nor the Joint Assembly, and they must have been resorted to
originally for convenience in the dispatch of business. At the October
session, 1778, the custom was adopted, by resolution of the House, "to
join the Governor and Council in Committee of the Whole.”
June 9,
1778, the Assembly took into consideration Wm. Haviland's petition, and
it is probable the decision was made in "Grand Committee." Possibly
the name was originally given to the Council of Safety and the Governor
and Council, when trying cases appealed from other Committees of
Safety or Commissioners of Sequestration.
Governor and Council-June, 1778.
271
To Nathaniel Robinson, Esqr·:
IN COUNCIL, Bennington June 17, 1778.
You are hereby Authorized & Impowered to settle with the Commit-
tee appointed by a former County Committee in the County of Cumber-
land to Lease the estate of Crean Brush (who is deserted over to the
Enemy) and after allowing them a reasonable Reward for their Services,
to receive the money arising from said Leasings, and pay the Same into
the Treasury of this State.
By order of the Govr. & Council,
THOMAS CHANDLER, Ju™ Sec'y.
STATE OF VERMONT. IN COUNCIL, Bennington 18 June 1778.
Whereas it has been represented to this Council that divers Books &
other effects (formerly the property of Crean Brush' & others now with
¹CREAN BRUSH was another of the notorious “Yorkers
Yorkers" and Tories
who resided for some time in eastern Vermont. He was born in Dub-
lin, Ireland, about 1725, was educated for the bar, but held a military
office previous to his coming to America, (New York city,) about 1762.
He there married his second wife, Margaret Montuzan, who was widow
of a colonel in the British army, and mother of the second wife of Ethan
Allen. Brush was first employed by the deputy secretary of the prov-
ince of New York, Goldsbrow Banyar, and in 1764 was licensed as an
attorney in all the king's courts in the province. It is supposed he be-
came associated in this profession with John Kelly, who also figured in
the Vermont records. In 1771 Brush removed to Westminster, and in
Feb. 1772 he was appointed clerk of Cumberland County vice John
Chandler removed, and surrogate in April. His main purpose in com-
ing to Vermont was to sell his lands there, many thousand acres having
been acquired by him through New York grants. He was a member of
the N. Y. colonial (royal) assembly from Jan. 5, 1773, to its dissolution,
April 3, 1775. In this body he proved himself to be an able, eloquent,
and influential member, but excessively loyal and violent in his meas-
ures against the Vermont whigs and adherents to the N. II. Grants.
He wrote much for Rivington's Gazette, the tory organ in New York
city, and his notoriety as a partisan scribbler was recognized in Trum-
bull's McFingal:
Had I the Poet's brazen lungs,
As sound-board to his hundred tongues,
I could not half the scribblers muster
That swarm round Rivington in cluster;
Assemblies, councilmen, forsooth;
Brush, Cooper, Wilkins, Chandler, Booth;
Yet all their arguments and sap'ence
You did not value at three half-pence.
Shortly after the commencement of the revolutionary war, Brush
joined Gen. Gage at Boston, who employed him to remove and take
charge of the property in the buildings which had been seized as winter
quarters for the British officers and troops. Jan. 10, 1776, he wrote a
272
Governor and Council-June, 1778.
the Enemys of the United States of America) are now in the possession
of John Church Esqr- of Charleston [Charlestown, N. H.,] & the Widow
Mary Bellows of Walpole, [N. H.,] and Whereas we have understood
that they are Willing to deliver said effects to any person properly au-
thorized to receive the same, We do therefore constitute and appoint
Paul Spooner Esqr. Commissioner to receive the same in behalf of this
& the United States of America, & give his Rect and to allow a reason-
able compensation to said persons for their Trouble in storing & secur-
ing the same, & make due returns of his doings hereon at the next ses-
sions of Assembly to be holden at Windsor on the second thursday of
October next. By order of the Governor & Council,
To Lt. Colo. Walbridge:
THOMAS CHANDLER, Jur., Sec'y.
BENNINGTON 18 June 1778.
Sir,-You are hereby ordered & directed to Take the Command of
the men Draughted from Colo. Herricks Regiment consisting of one
hundred and one men officers included and March them without delay to
Rutland, within this State, & in conjunction with the Troops now at
that place under the command of Capt. Brownson to guard the Frontiers.
in that quarter according to the best of your skill in war for & during
the Term of Twenty days from your arrival at that place unless sooner
discharged. Wishing you a good March am yours,
Colo. Ebenezer Walbridge.
THOS. CHITTENDEN, Capt. Gl.
STATE OF VERMONT. IN COUNCIL, Bennington 18 June 1778.
Voted that Doctr Jonas Fay, Colo. Moses Robinson & Captain Ira
Allen Esquires, be & they are hereby appointed a Committee to Inspect
into the votes or doings of the several Conventions from-
Together with the doings of the Council of Safety, (the present Council
& house of Representatives.) and put them in Regular order, and Record
them in Books for that purpose. 24 Voted that they be empowered to
settle with the several Commiss's of Sequestration in the County of
Bennington (& vendue Masters) and Reappoint them or others in their
Room, and to copy necessary acts to be dilivered to the Committees.
June 24.
Sir, Please to diliver to Sergeant Griswold as much Provisions as
Two Tory Prisoners may want during their confinement under Guard.
THOMAS CHITTENDEN, Gov'r.
To the Commissary of Issues, Bennington.
memorial asking the command of troops, and, specially to be noted, a
body of three hundred men to be posted on Connecticut river and open
a line of communication from thence westward towards lake Champlain.
Nothing came of this, because Brush became entangled in the business.
of the goods taken by him, many of his seizures being simply robbery,
under the color only of authority. He attempted to escape in a vessel,
but was captured by the British, taken to Boston for trial on charges
against him, and confined in jail from April 12 1776 until Nov. 15 1777,
when he escaped, (by his wife personating him as prisoner,) and went
to New York. He gained no favor there, not even from the British
commander, and in May 1778 he "with a pistol, besmeared the Room
with his Brains."-Eastern Vermont, pp. 603–633.
Governor and Council-July, August, 1778.
273
RECORD OF THE GOVERNOR AND COUNCIL
AT A
SPECIAL SESSIONS AT ARLINGTON, JULY 17 TO SEPT. 30, 1778.
ARLINGTON, 17 July 1778.
STATE OF VERMONT. IN COUNCIL, date above.
This Council having Taken into their Consideration the Petition of
the Inhabitants of Shaftsbury Prefered by Bliss Willoughby, as also
the petition of the Inhabitants of Bennington Prefered by Capt. John
Fassett, setting forth the disetfection of the minds of the Petitioners oc-
casioned by the appointment of a certain number of Commissioners by
the General Assembly of this State, at the last Session in June last, &
vesting such Commissioners with Power to Banish within the Enemies
Lines such persons as discribed in the Instructions to such Commission-
ers, refering to the above petitions & Instructions or act.¹
And do thereupon Resolve, that it be & is hereby Recommended to the
said Commissioners for the County of Bennington to dissist from any
further Prosecutions by virtue of such appointment until the Rising of
the Sessions of Assembly in October next, unless necessity in some par-
ticular Instance or Instances should urge this Council (before that time)
to recommend the Setting of said Commissioners to prosecute the busi-
ness of their appointment, in which case it is hereby Recommended that
any future Tryal be by Jury if Required.
M. LYON, D. Sec'y.
By order of Council,
THOS. CHITTENDEN.
ARLINGTON, July 18 1778.
STATE OF VERMONT. IN COUNCIL, date above.
Resolved that James Breakenridge, Ebenezer Cole & John McNeil, on
Petition be & are hereby Required [reprieved] from their several senten-
ces of Banishment passed on them by the Honble Court of Commission-
ers appointed for that purpose by the General Assembly of this State, un-
til the first day of September next.
M. LYON, D. Secy
By advice of Council,
THOS. CHITTENDEN.
IN COUNCIL, Arlington 22 Aug. 1778.
Resolved that Jonas Fay, Benjamin Carpenter & Ira Allen Esqrs be
appointed a Committee, & they or any two of them are hereby appointed
& fully authorized to Adjust and Settle all the pay Rolls in Col. Wil-
liam Williams Regt of Militia for all past Services, when this State have
་་
¹No record of any act authorizing "Commissioners" for such purpose
is found in the Assembly journal for the June session; but “Colº. Peter
Olcott, Bezaleel Woodward Esq., Majr Griswold, Patterson Piermont
Esq. and Majr Tyler" were appointed "Judges of the Superior Court
for the banishment of tories" June 18 1778. Perhaps this court was
authorized to appoint "Commissioners" in every section of the State.
274
Governor and Council-Aug. 29 to Sept. 30, 1778.
Resolved to give some pay, in addition to their Continental pay. They
are also authorized to adjust & settle Capt. Levi Goodenoughs Pay Rolls
for his services in Lt. Col. Samuel Herricks Regt of Rangers in the year
1777, & the Treasurer is hereby directed to pay the several Ballances that
may be due on the same.
By order of Council,
THOS. CHITTENDEN, Gov`r.
ARLINGTON, 29 August 1778.
STATE OF VERMONT. IN COUNCIL, date above.
Whereas James Breakenridge, Ebenezer Cole, & John McNiel all of
this State have been Sentenced to Banishment within the Enemies Lines
by the Court of Commissioners for that purpose; & for certain reasons
have been reprieved until the 1t day of September next, & they are here-
by further reprieved until the Rising of the General Assembly at their
Sessions in October next.
By order of Council,
THOS. CHITTENDEN, Gov'r.
STATE OF VERMONT. IN COUNCIL, Arlington 30 September 1778.
Major General Marsh is directed to order a muster of the Militia of the
County of Cumberland Immeadiately, & return a State of the men,
Armes, Ammunition, accoutrements &c., to the Governor of this State.
Resolved that one hundred men be forthwith raised out of the Militia
of the County of Bennington to reinforce the posts on the Northern
Frontiers & that they continue in service until the first day of Decem-
ber next unless sooner discharged.
ARLINGTON, 30 September 1778.
STATE OF VERMONT. IN COUNCIL, date above.
Sir,-You are hereby Commanded to raise Seventy Able bodied effec-
tive men of your Regiment (including officers) and to see that they be
well Armed, & every way equiped, properly officered and to March to head
Quarters in Rutland without the least delay where they will receive
further orders. They will continue in Service until the 1t day of Decem-
ber next (inclusive) unless sooner discharged.
To Colo. Sam'. Herrick.
THOMAS CHITTENDEN, Capt. Gen¹.
Orders of the same Tenor & date Sent to Colonel Warren to raise
thirty men in the Towns of Sandgate, Manchester, Dorset, Reupert, and
Danbee.
Granted a Warrent to Arthur Elsworth as Q. Master, dated May
1t 1778.
At some meeting of the Governor and Council early in September
1778, in consequence of a letter from President Weare of New Hamp-
shire to Governor Chittenden, dated Aug. 22, 1778, protesting against
the union of New Hampshire towns with Vermont, ETHAN ALLEN was
requested to repair to Philadelphia and ascertain in what light these
proceedings of Vermont were viewed by Congress.-See Slade's State
Papers, p. 92.
THE SECOND COUNCIL,
OCTOBER 1778 TO OCTOBER 1779.
THOMAS CHITTENDEN, Williston, Governor.
JOSEPH MARSH, Hartford, Lieutenant-Governor.
JOSEPI BOWKER, Rutland,
JACOB BAILEY, Newbury,
COUNCILLORS:
PETER OLCOTT, Norwich,
PAUL SPOONER, Hartland,
TIMOTHY BROWNSON, Sunderland,
JONAS FAY, Bennington,
BENJAMIN CARPENTER, Guilford,
MOSES ROBINSON, Bennington,
JEREMIAH CLARK, Shaftsbury,
IRA ALLEN, Colchester,
THOMAS MURDOCK, Norwich,
ELISHA PAYNE, Cardigan, [N.H.]¹
BENJAMIN EMMONS, Woodstock.¹
JOSEPH FAY, Bennington, Secretary.2
MATTHEW LYON, Arlington, Deputy-Secretary.
BIOGRAPHICAL NOTICE.
On the 12th of March 1778, a committee, representing a Convention
previously held at Hanover N. H., appeared before the General Assem-
bly at Windsor, and asked for the admission to Vermont of the following
New Hampshire towns, to wit: Cornish, Lebanon, Dresden,† Lime, Or-
¹Col. PAYNE declined the office, and the Council appointed Mr. EM-
MONS to fill the vacancy.
2 Mr. FAY did not qualify until Nov. 24.
3 For notices of all the members of the body, except Mr. PAYNE, see
ante, pp. 115-129, 190, 235–241.
* That part of Hanover owned by Dartmouth College. The above list
is from Belknap's History of New Hampshire, and it seems to count Dres-
den in the place of Hanover. The fact is, however, that Dresden and
Hanover were both represented in the Vermont Assembly of October
1778, and instead of “sixteen" New Hampshire towns annexed to Ver-
mont then, there were seventeen, if Dresden is counted as a town.
276
The Second Council-Oct. 1778 to Oct. 1779.
ford, Piermont, Haverhill, Bath, Lyman, Apthorp, Enfield, Canaan, Cardi-
gan, Landaff, Gunthwaite, and Morristown. At the October session of the
General Assembly, 1778, Col. ELISHA PAYNE appeared as representa-
tive from the town of Cardigan, and he was appointed chairman of the
committee raised to canvass the votes for state officers and councillors.
The report of that committee showed that Col. PAYNE had been elected
councillor by the people. He continued to act as a member of the
House, however, having declined to accept the office of councillor. The
reason undoubtedly was that he would be much more useful in the Gen-
eral Assembly in opposing the dissolution of the union with the six-
teen New Hampshire towns, which he knew would be pressed. So par-
ticular a notice of Col. PAYNE would not be given here, were it not for
the facts that he was afterward a member of the body as lieutenant-gov-
ernor in 1781, and a prominent figure in an exceedingly critical period
of the history of the state. The estimate put upon his character and
abilities was indicated by a vote of the Governor and Council, March 26,
1778, when JONAS FAY and JOSEPHI MARSII were appointed “Delegates
to Wait on the Honble Continental Congress." The record adds: "Like-
wise voted to invite Col. ELISIIA PAYNE to accompany the above per-
sons for the purposes Above Written.”
Col. PAYNE next appeared in a Convention of forty-three towns, which
met at Charlestown, N. H., on the 16th of Jan. 1781, by which he was
appointed one of a committee of twelve to prepare business. Jan. 18,
this committee made an elaborate report for an union in one state of all
the New Hampshire Grants west of "the Mason patent;" which was ac-
companied by a resolution to appoint a committee of twelve to wait on the
General Assembly of Vermont. Col. PAYNE was designated as one of
that committee. The Convention then adjourned to meet at Cornish,
N. H., on the first Wednesday of February succeeding, so as to have
Dresden is, of course, now included in Hanover, and seems never to
have been recognized as a separate town by New Hampshire. As that
state numbered the towns, there were sixteen in the union, and the Ver-
mont records correspond to that enumeration.
¹ This patent, granted March 9, 1621, and NEW HAMPSHIRE, granted
Nov. 1 [or 7], 1629, extended to the head only of Merrimac river, or to the
present town of Franklin. In 1653, a committee appointed by the
General Court of Massachusetts fixed the most northerly part of the
Merrimac at the outlet of lake Winnepiseogee.-See Belknap's New
Hampshire, vol. 1, p. 87. This fixed the western boundary of the Mason
patent on the river at the present town of Franklin at the confluence of
the Winnepiseogee and Pemigewasset rivers. This Convention claimed,
for all the grautees west of that limit, the right to form a state indepen-
dent both of New York and New Hampshire.-See Vt. Hist. Soc. Coll.,
vol. II, p. xxvii, and proceedings of the Charlestown Convention of Jan.
16, 1781.
The Second Council—Oct. 1778 to Oct. 1779.
277
convenient access to the Vermont Assembly, which was to be in session
at that time in Windsor. IRA ALLEN stated that this committee first
agreed to report in favor of annexing all the New Hampshire Grants
(the territory lying between Connecticut river and Lake Champlain.) to
New Hampshire; but that, on assurances made by him on the authority
of the Governor and Council, the report was changed, and made to con-
form to the foregoing statement, and as it is printed in the record of the
Charlestown Convention.'
Feb. 10, 1781, Col. PAYNE addressed the General Assembly, as the
organ of the before-named committee, asking for union with Vermont;
and he continued so to act until the union was consummated, April 5,
1781. The representatives of thirty-five New Hampshire towns took
their seats in the General Assembly of Vermont on the next day. Col.
PAYNE then took his seat for Lebanon, in which town he resided until
his death. His house still stands, near the outlet of Mascomy pond.
At the September election, 1781, there was no election of lieutenant-
governor by the people, and Col. PAYNE was elected, on the 12th of Oc-
tober, by the Governor and Council in conjunction with the Assem-
bly;" and on the 26th he attended and was duly qualified. At the same
session he was elected chief judge of the supreme court; and on the 10th
of January 1782 he was appointed a delegate to Congress. One of the
last recorded acts of the Council at that session was the appointment of
his honor Elisha Payne, Esquire, Lt. Governor, Bezaleel Woodward,
Esq. General Ethan Allen, John Fassett, [jr.,] Esq., and Matthew
Lyon, a committee to make a draught of the Political affairs of this State
to be published." Dec. 14th, 1781, Gov. Chittenden as Captain-General
ordered Lieut. Gov. PAYNE as Major-General to call out all the militia
in eastern Vermont, if need be, to resist any forcible attempt of New
Hampshire to regain jurisdiction over the annexed towns. He was
“ordered to repel force by force." In consequence of this. Lieut. Gov.
PAYNE addressed the President of New Hampshire, Dec. 21, in the spirit
of Gov. Chittenden's order, and of course in terms so firm and yet so con-
ciliatory that peace was preserved. A copy of the governor's order had
been, by Ira Allen's ingenuity, sent quickly and surely to President Weare,
and it delayed an intended military movement. Lt. Gov. P.'s assur-
ance, that he would execute that order if necessary, undoubtedly con-
firmed the decision of the New Hampshire Council against civil war.—
See I. Allen's History, in Vt. Hist. Soc. Coll., vol. 1, pp. 443–448.
The last union with the New Hampshire towns was speedily dissolved,
and Col. PAYNE adhered to his State, although the disposition of Ver-
monters toward him was such as to assure to him an honorable pub-
lic career, such as, under the jealousy growing out of his part in the
unions of 1778 and 1781, he could not well expect in New Hampshire.
Two at least of Col. PAYNE's daughters spent their lives in Vermont :
MARY wife of ABEL WILDER of Norwich, and RUTH wife of Capt. NA-
1 Vt. Hist. Soc. Coll., vol. 1, p. 413.
278
The Second Council-Oct. 1778 to Oct. 1779.
THAN JEWETT of Montpelier. Col. E. P. JEWETT, and the late Mrs.
PATTY HOWES wife of Hon. JOSEPII HOWES of Montpelier, were grand-
children; and of course all their descendants stand now in the order
of great and great-great grand children.
For many years papers of Col. PAYNE were in the possession of his
grandson, Col. ELISHA PAYNE JEWETT of Montpelier, by whom they were
given to the late HENRY STEVENS, and through him it is presumed the
letter to President Weare has been given to the public. It is understood
that in these papers were indications that, previous to the revolution, Col.
PAYNE had been a deputy surveyor-general of the king's woods, whose
business it was to prevent trespasses upon the pine trees which had
been reserved in all the New England grants for the royal navy; and
also that he had been an agent of Dartmouth College for selling or leasing
its land and otherwise. The only early notice of the name of PAYNE
in Belknap's New Hampshire is that, May 24, 1746, "Capt. PAINE,
with a troop, came to Number Four," [Charlestown, N. H.,] having
been sent by the Massachusetts Assembly to the distressed towns on
Connecticut river; “and about twenty of his men, going to view the
place where [Seth] Putnam was killed, fell into an ambush. The enemy
rose and fired, and then endeavored to cut off their retreat. Capt. Phine-
has Stevens with a party, rushed out to their relief. A skirmish ensued
in which five men were killed on each side, and one of ours was taken.
The Indians left some of their guns and blankets behind." If this means
ELISIIA PAYNE, he had become colonel previous to 1778.
In this connection the facts are worth noting that, four days after the
Vermont Assembly admitted the seventeen New Hampshire towns-in-
cluding Dresden,—it also voted to take Dartmouth College under the pat-
ronage of the State, appointed President Eleazer Wheelock justice of the
peace for that corporation, and empowered its trustees to nominate an
assistant justice. New Hampshire had previously given to the college
the jurisdiction of a territory in Hanover three miles square, and made
President Wheelock magistrate. He wished to have that territory ac-
cepted as an independent town by the name of Dresden, but New Hamp-
shire did not assent. There are other circumstances which indicate
that officers of the college corporation were very active in the projected
union, if not the originators of it. The first convention was in Hanover,
and its committee asked for the union; Vermont assented, admitting
the identical Dresden which New Hampshire had rejected as a town,
adopting the college, and specially honoring BEZALEEL WOODWARD,
who was a professor in the college.
Governor and Council-October 1778.
279
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
SESSION OF THE GENERAL ASSEMBLY AT WINDSOR,
OCTOBER, 1778.
WINDSOR, 9th October 1778.
Resolved that Mr. Matthew Lyon be appointed a Secretary Pro Tem-
pore until Joseph Fay Esqr. can Attend.
Resolved that the Sheriff be directed to Wait on Colonel [Elisha]
Payne, a Councillor Elected, and request him to inform this Council rela-
tive to his acceptance of said office, that in case of his refusal the Va-
cancy thereby occasioned may be Supplied.
[Oct.] 10.¹
In consequence of Elisha Payne, Esq. (who was duly Elected a mem-
ber of this Council for the present year) his declining such Service, This
Council have choosen Benjamin Emmons Esqr. to the office of Councillor
in his Room, who has Taken the Necessary Qualifications required by
Constitution.
STATE OF VERMONT. IN COUNCIL, Windsor 13 October 1778.²
Joel Marsh Esq. being objected to as [not] being a proper person to act
as a Justice of the Peace by John & Reuben Parkhurst, by petition, This
Council after hearing the petition & the parties, also the Evidence, on
Mature deliberation are of opinion that the Objections are not Sup-
ported.
M. LYON, D. Sec'y. P. Tem.
STATE OF VERMONT. IN COUNCIL, Windsor Oct. 15 1778.
Zerubabel Mattisson having petitioned for a Mitigation of a fine of one
hundred pounds L. money which said Mattisson was fined by the Special
Court for the county of Bennington for Enimical Conduct some Time in
Last, Resolved that fifty pounds of sa tine be & is hereby Remitted.
¹From the Assembly Journal:
Voted, and Resolved, that his Excellency the Governor, and the hon-
orable the Council, be desired to join with this Assembly in a Committee
of the whole, to morrow morning, at nine Clock, to take into conside-
ration the subject of the Letter of the 224 August last, from the honble
Meshech Weare Esq., President of the Council of New Hampshire, to
his Excellency Governor Chittenden.-See Appendix G.
2
The Assembly this day invited the Governor and Council to meet in
committee of the whole to consider the protest of President Weare of
New Hampshire against the union with Vermont of towns claimed by
that state; and the committee of the whole met from day to day until
the question was disposed of by a dissolution of that union.
280
Governor and Council-October 1778.
[Oct.] 15.
Robert Johnson appeared before this Council to answer to the Objec-
tion against his having a Commission for Lt Colo. of the 4th Regiment
made by Captain Hazelton & others. After hearing the Evidence & the
parties, this Council are of opinion that the objection is Insufficient,
Whereon Resolved that Lt. Colo. Johnson be Commissioned accord-
ingly.
WINDSOR, Octr. 20 1778.
STATE OF VERMONT. IN COUNCIL date above.
On petition of Ruth Chamberlin praying she may be divorced from
her husband Amos Chamberlin as may be seen by petition on file. This
Council after hearing the petition and the Evidence on Mature Delib-
eration are of Opinion that she may be & is hereby Divorced from her
said Husband, and a bill be granted to her accordingly.
A list of the Justices of Peace choosen & authorized by Virtue of an Act of
Assembly at Bennington June 17 1778.
Pownal, Capt. Eli Noble.
Bennington, Capt. Sam¹. Robinson.
Shaftsbury,
Arlington, Capt. Jno. Fassett Jur
Sunderland, Colo. Timo, Brownson.
Manchester, Martin Powell.
Dorset, Capt. Abm. Underhill.
Rupert, Reuben Harmon.
Paulet,
Dummerston, Jona. Knight.
Chester, Daniel Hield, [Heald.]
Windsor, Thomas Cooper.
Hertford, Elias Weld.
Orford, Colo. Israel Morey-
Lebanon, Jno. Wheatley.
Corinth, [Cornish,] Wm. Ripley.'
Dresden, Bezaleel Woodward.
Westminster, Nath. Robinson.
Corinth, John Nutting & N. Fisk.
Danby,
Tinmouth, Colo. Gid. Warren.
Wallingford, Abr. Jackson Jur.
Wells,
Poultney. Wm. Ward.
Castleton, Jesse Belknap.
Clarendon, Nodebrah Angel.
Rutland, Benja. Whipple.
Pittsford,
Pomfret, John W. Dana.
Putney, Amos Hale.
Thetford, Tim. Bartholomew.
Barnard, Asa Whitcomb.
Rockingham, Joshua Webb.
Hartford, Joshua Hazen.
Guilford, Capt. Levi Goodnough.
Halifax, Hubbel Wells and [Ed-
ward] Harris.
Townsend, Jos. Tyler.
Judges of Probate in this State.
Bennington District,
Capt. John Fassett.
Manchester District,
Martin Powel Esqr.
Rutland District,
Joseph Bowker Esqr.
Newbury District,
Gen¹. Jacob Bayley.
Hartford District,
Paul Spooner Esq"
District,
Major Juº. Shephardson.²
'The justices for Corinth are below. Mr. Ripley represented Cornish
in 1780-81.
2 Mr. Shephardson resided in Guilford, and was at this date judge of
the special court for "the shire of Westminster," which the editor sup-
poses embraced the county of Cumberland, now Windham. March 24,
1778, the Assembly "Voted, that the division line of the two shires on
the east side of the mountains be the ancient county line."
Governor and Council-October 1778.
281
WINDSOR, October 20, 1778.
STATE OF VERMONT. IN COUNCIL, date above.
Resolved that Ichabod Walker be Allowed to have the Twenty acre
Lot of Land which was formerly his Property in Rutland, at the Expi-
ration of the Lease, by which John Smith & Asa Fuller now hold it.
By order of Govr. & Council, M. LYON, D. S. P. Tem.
IN COUNCIL. Windsor October 23 1778. ¹
David Remmington (upon his personal appearance & application &
Taking the Oath of Alegiance to this State, & upon Recommendation of
Colo. Jonathan Chace, Samuel Chace Esqr. & Mr. Thomas Hall in whose
Neighborhood he has Lived for about Eleven Months past) is hereby
Allowed the Liberty & priviledge of Living in the County of Cumberland
in this State, & he may acquire. hold, buy & Transfer property therein.
By order of Govr & Council,
M. LYON, Secy. P. Tem.
[Oct.] 24.
On petition, Anna Evans is Reprieved from the Sentence of Banish-
ment passed against her by the Honble Court of Commissioners in the
Month of July last, & she is discharged on her paying the Cost.
By order of Govr. & Council,
M. LYON, D. Sec'y. P. Tem.
STATE OF VERMONT. IN COUNCIL, Windsor, 26 Octг. 1778.
Watts Hubbert [Hubbard, Jr.,] under Sentence of imprisonment, re-
questing this Council for Liberation, Therefore Resolved that on his
making & subscribing a proper acknowledgment, & paying all the cost
that has arisen on acet. of his former Tryals, Guards and imprisonment,
'On this day the General Assembly
Resolved, that a committee of three be appointed to make draught of
letters to send to Congress and New Hampshire. Committee chosen-
Colo. Allen, Col. Fletcher and Capt. Throop.
This, of course, was in reference to the union of New Hampshire towns
with Vermout, which on the 21st of October had been indirectly dissolved
although only on the 19th the General Assembly had agreed to the policy
of an union to include all the New Hampshire towns west of the "Mason
claim," and appointed a committee to present the proposition to New
Hampshire and to Congress. IRA ALLEN wrote:
IRA ALLEN, Esqr., was appointed and instructed to repair to the court
of New Hampshire, in order to settle any difficulties that might subsist
in consequence of said sixteen towns. Mr. Allen attended the General
Court of New Hampshire, &c.-Vt. Hist. Soc. Coll. vol. 1, p. 396.
This appointment must have been made by the Governor and Council,
but the fact is not entered on the record. For Allen's execution of this
mission, with documents on the first union, see Appendix G.
From the Assembly Journal:
Resolved, that the councillors and representatives be allowed one
pound, four shillings, per day, and one shilling pr mile for a horse, any
previous Resolve to the contrary notwithstanding.
20
282
Governor and Council-February 1779.
& Taking the Oath of Allegiance to this State, he be discharged & enjoy
all his Estate Except what has already been Taken from him & sold.
THOMAS CHITTENDEN, Gov'r.
Pr Order,
STATE OF VERMONT, Arlington Nov. 24 1778.¹
Then appeared Joseph Fay Esqr. and Took the oaths necessary to
quailfy him for the office of Sec'y of this State.
Before me,
THOMAS CHITTENDEN, Gov'r.
JOSEPH FAY, Sec'y.
The End of the Proceedings of Council for the year 1778.
Attest,
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
SESSION WITH THE GENERAL ASSEMBLY AT BENNINGTON,
FEBRUARY, 1779.
State of VermONT. IN COUNCIL 11th February, 1779.²
This day His Excellency Governor Chittenden, and the following
Members of the Honble Council met in the Council Chamber in this
place according to Adjournment, vizt.
The Honbles Joseph Bowker,
Paul Spooner,
Timo. Brownson,
Jonas Fay,
Benjamin Carpenter,
Moses Robinson,
Jeremiah Clark, &
Ira Allen, Esquires.
After Debating on the necessary business to be done, Adjourned to 9
• Clock Tomorrow Morning.
¹From the Assembly Journal:
Resolved, that the justices of the peace, whose names are returned to
the Governor, or that Shall be hereafter returned, shall be commissioned
for the year ensuing.
Resolved, that his Excellency the Governor's sallary, for the year en-
suing, be three hundred pounds, lawful money.
2 From the Assembly Journal:
On motion made by his Excellency the Governor, Ira Allen Esqr.
made return of his mission to New Hampshire, and President Weare's
letter of the 5th of Novг. was read, and also several others relative to the
Union. See Appendix G.
Governor and Council-February 1779.
283
Met according to adjournment.
BENNINGTON, 12 Febr. 1779.¹
Resolved that a Committee of Two be appointed to join a Committee
from the House of Assembly to confer with them, & make a Draft of a
Bill to be passed into a Resolution relative to the Union of Sixteen
Towns East of Connecticut River & Report the same. Members cho-
sen, Mr. Fay & Mr. Spooner.
A petition from the Inhabitants [of Kent] to the Honble General As-
sembly of Vermont being sent up for advice & Read, Resolved to send
one member of Council to inform the House, that the Govr. & Council
are of opinion, that the Report of the Committee of Last October be
accepted but no deeds Executed until the proper Lines of the Town can
be ascertained. Member chosen Mr. Allen.
A petition & Remonstrance of Timo. Moss being by the Assembly re-
fered to the Govr. & Council for settlement, on Examination found due
50 Dollars.
A petition or Remonstrance of Joseph Nelson being refered to Coun-
cil for Settlement, was ordered to lay on the Table. Petition answered
& no damage Allowed.
Voted to choose one member of Council to join the Committee from
the House to Take into consideration the petition of Captain Ebenezer
Allen & others. Member chosen Mr. Carpenter.
Adjourned to 8 °Clock Tomorrow.
Met according to Adjournment.
SATURDAY, 13 February 1779.
An acct Laid before Council by Lt. Lemuel Bradley on examination
found due.
Voted to choose a Committee of 4 to Examine the Claims of Capt.
Ebenezer Allen. Members choosen Mr. Robinson, Mr. Spooner, Mr. Al-
len & Mr. Bowker. The business of the day being refered, Adjourned
to Monday 10 °Clock.
Met according to Adjournment.
MONDAY, 15 Feb³. 1779.
The Committee choosen to Examine the Claims of Capt. Eben. Allen
Report as follows, viz., that the said Allen requires a paymaster to be
appointed, Whereupon, Resolved that Ira Allen Esq. be & he is hereby
appointed as paymaster to Settle & pay the Soldiers of Captain Ebenezer
Allens Company of Rangers for Service done in the defence of the
Northern frontiers of this State in the year 1777.
¹ From the Assembly Journal:
Resolved that the Governor and Council be a court to confiscate es-
tates lying in this state of enemies of this and the United States who
have assisted or joined the enemy.
2
Kent [Londonderry] probably. The Assembly on that day agreed
to a report of a committee on such petition, for the confirmation of "bar-
gains" in lands made by Col. James Rogers.
3 From the Assembly Journal Feb. 13, 1779:
Colo. Allen made a report of his mission to Congress in which
he represents among other things that it will be necessary to appoint at
least three persons to manage the affairs of this State at the Continental
Congress.
284
Governor and Council-February 1779.
The Committee chosen to Join a Committee from the House to pre-
pair a bill relative to the union of sixteen Towns (East of Connecticut
river) with this State returned & Brought in their report as will appear
on the Journals of the House. [A dissolution of the union.-See Ap-
pendix G.]
To Michael Dunning, Commissioner of Sequestration:
You are hereby directed to continue in the possession of a Lot of
Land formerly the property of Adam Deal¹ late of Pownall, by giving a
new Lease thereof to some suitable person before the 1 day of April
next. By order of the Governor & Council, JOSEPH FAY, Sec'y.
Adjourned to 8 Clock Tomorrow.
Met according to Adjournment.
Recd. the following Bill from the House:
TUESDAY 16 Feby. 1779.
IN GENERAL ASSEMBLY 16 Feby. 1779.
Voted & Resolved that it be recommended, and it is hereby recom-
mended to the Honble Court of Confiscation, to make Confiscation &
Sale of the Estates Lying in Cumberland County formerly the property
of persons who have joined the Enemies of this and the United States.
By order,
M. LYON, Clerk.
True Copy, Jos. FAY, Sec'y.
The Committee appointed to join a Committee from the House to
Take into Consideration the petition of Captain Ebenezer Allen report
as may appear on the journals of the House.
Resolved that a Committee be appointed to Draw Rules to be observed
for the better Government & regulation of the Council while Sitting.
Members choosen Mr. Fay & Mr. Allen.
Having revised a number of Laws and prepared them to Lay before
the General Assembly, voted to Adjourn to 8 Clock Tomorrow morn-
ing.2
WEDNESDAY 17 February 1779.
Met according to Adjournment and again entered upon the Revision
of Laws to prepare them to lay before the General Assembly.
Resolved to choose a Committee of one to join a Committee of the
House to Take into Consideration the affair of the Soldiers of Captain
Ebenezer Allens Company not being paid. Member choosen Mr. Clark.
The Committee appointed to join a Committee from the House to
Take into consideration the affairs of Captain Ebenezer Allens company
report as by the journals of the House may appear.
Having refered the business of the day,
Adjourned to 8 °Clock Tomorrow Morning.
¹ Proscribed by the act of Feb. 26, 1779.
2 From the Assembly Journal, Feb. 16, 1779:
Resolved that a Committee be chosen by ballot in this House consist-
ing of three persons to manage our political affairs at Congress and to
represent this State at that Board if there should be occasion, which
Committee shall be under the direction of the Governor and Council.
Upon examination of the votes, Colo. Ethan Allen, honble Jonas Fay
and Paul Spooner Esquires were declared chosen for the purpose afore-
said.
Governor and Council-February 1779.
285
Met according to Adjournment.
1
THURSDAY 18 Feby. 1779.
On application to the Governor & Council by the wife of William
Fairfield (his having repaired to the Enemy,) requesting the improve-
ment of the Land formerly the property of the said Fairfield, for the
Support of herself and Family, whereupon Resolved that she have the
improvement of Two 50 acre Lotts, vizt, that which she now dwells on,
and one on the opposite side of the Road (on the North side,) for the
year ensuing.
Pr order,
JOSEPH FAY, Sec'y.
Resolved that Mr. Fay & Mr. Bowker of the Council, join a Commit-
tee from the House, to Take into consideration the petition of Capt.
Eben. Allen. Reported as by the journals of the House may appear.
BENNINGTON, 18 Feb. 1779.
Voted Mr. Brownson a Committee to join a Committee from the
House to Take into Consideration the petition of Captain William
Hutchins & others. Report as on the journals of the House may appear
19 Feb. 1779.
Voted Mr. Clark of the Council to join a Committee of the House, to
Take into Consideration (& make report) the Petition of the Proprietors
of Pownall, Reported as may appear on the journals of the House
20 Febr. 1779.
Having refered the business of the day,
Adjourned to 8 Clock Tomorrow morning.
FRIDAY February 19 1779.
Met according to adjournment & proceeded to the business of the day
vizt. revising Laws & prepairing thêm to lay before the General Assem-
bly, having refered private business until Wednesday next which day is
appointed to do any business necessary to be done.
Adjourned to 8 o'Clock Tomorrow.
SATURDAY 20 February 1779.
Met according to adjournment & proceeded to the business of revising
Laws, &c.
Voted to choose a Committee of one to join a Committee from the
House to Take into consideration the petition of Timo Everits & Eli
Everits & Report their opinion thereon to the House. They report as
may appear on the journals of the House of this days date."
Mr. Jonathan Underwood:
Sir,-You are hereby directed to keep possession of the Land formerly
the property of Roger Dickenson, until further orders from this or some
future Council. By order of Governor & Council,
Copy Dd. Mr. Underwood.
JOSEPH FAY, Sec'y.
Having concluded the business of the day Adjourned to 9 °Clock Mon-
day next.
Probably of Pawlet.
2 Granting them one hundred and fifty acres of land in discharge of a
debt due from the state to Sylvanus, their father. "Silvanus Everts "
of Castleton was proscribed by act of Assembly six days after this vote,
and this payment was therefore a remarkable instance of generosity.
The sin of the father was not visited upon the children.
286
Governor and Council-February 1779.
MONDAY 22d Febr. 1779.¹
Met according to Adjournment & proceeded to business, in revising
Laws & prepairing them to Lay before the General Assembly.
Voted to appoint a Committee of Two to join a Committee from the
House to Take into consideration the State of our Frontiers & report the
same to the House. Members chosen Mr. Bowker & Mr, Spooner.
Adjourned to 9 °Clock Tomorrow.
TUESDAY 23ª Febr. 1779.2
Met according to Adjournment, & proceeded to business revising
Laws, &c.
The Committee appointed to join a Committee from the house to
Take into consideration the State of our Frontiers, returned and report,
as may appear on the journals of the house of this days date.
Voted to choose a Committee of one to join a Committee of the House
to Take into Consideration the petition of Sergeant John Train, relative
to paying him and the Soldiers, who served under the Command of
Captain Isaac Clark in the year 1778 & report as may appear on the
journals of the house. Member chosen Mr. Carpenter.
Voted, to choose one as a Committee to join a Committee from the
House to Concert a plan for raising 200 men for the Defence of this
State. Member chosen Mr. Clark.
Adjourned to 9 º'Clock Tomorrow.
WEDNESDAY 24 February 1779.
Met according to Adjournment, when it was motioned to join the
house & resolve into a Committee of the whole, To Take into Consid-
eration the State of our Northern Frontiers, which was accordingly done.
Attest,
Having Adjourned the Committee Proceeded to Take into considera-
tion the petition of Arthur Bostwick, praying some consideration for Sheep
belonging to him, & sold for the benefit of the State; having considered
the same, Resolved, that the Evidence to prove the Sheep sold (as
Alledged in the petition) is not Sufficient, therefore the petition is dis-
missed.
JOSEPH FAY, Sec'y.
Having Taken into Consideration the Complaint of Captain Samuel
Robinson, against Abraham Vosbury for Breaking his Parole, & having
heard and duly considered the Case with every Attending circumstance,
do Judge the sd Vosbury Guilty of breaking his parole to the sa Rob-
inson, Therefore order the said Vosbury to pay the Cost arising there-
from, which is thirty Dollars, & to remain under the Care of the said
Robinson until this Judgment be Complied with, And then Dismissed.
JOSEPH FAY, Sec'y.
Attest,
¹The Assembly this day authorized the Governor and Council to ap-
point a paymaster for militia of the state called into the service of the
United States.
2 From the Assembly Journal:
Resolved, that the Counsellors and Representatives have six dollars
pr. day during their present session to be counted from the time of their
leaving their respective homes until they may conveniently return to the
same, and one shilling pr. mile for horse. [March 1, 1779, one Spanish
milled dollar was worth $5,50 lawful money in Vermont. This pay there-
fore was not large.]
Governor and Council-February 1779.
287
[Having] Taken into Consideration the petition of James Fletcher
praying some consideration for Service done this State, expense of sick-
ness, &c., whereupon Resolved to Allow & order paid one Months Wages
which is found due.
Attest,
JOSEPH FAY, Sec'y.
Having Taken into consideration the petition of Zarubal [Zerubabel]
Mattisson, heard & duly considered the case with every attending circum-
stance relative thereto, do Juge and order that Twenty pounds be & is
hereby remitted of the fifty pounds of which he now stands bound to pay
agreeable to the Judgment of the Special Court.
The above Judgment is Complied with & money paid the Treasurer
accordingly.
Attest,
JOSEPH FAY, Sec'y.
Having Taken into Consideration the Case of John McNiel who prays
for some relief for his family, Therefore Resolved to Allow him one hun-
dred and thirty dollars to purchase one cow for the use of his family, an
that all the Little Notes in the hands of Colº. Claghorn, Together with
one note Signed Nathaniel Duchy on which is due about Ten pounds,
the obligation formerly his property for sheep at Salisbury, & the Leather
Left in the hands of Major Stephen Royce, or the Value thereof in
money.
Attest,
JOSEPH FAY, Secy
Adjourned to nine Clock Tomorrow at which Time the Committee of
the whole are to join again.¹
THURSDAY 25 Febr. 1779.
Met according to Adjournment, & Took into consideration the petition
of James Fletcher praying pay for Service done in the Militia of this
'From the Assembly Journal:
Feb. 24.-Resolved that this Assembly be and are hereby resolved into
a Committee to join with the Governor and Council to confer on the
matter of guarding the frontiers.
Resolved that the officers and soldiers who served under Capt. Clark
last March and April have a right to their pay of said Capt. Clark and
that the law is hereby declared to be open for such officers and soldiers
to sue for and recover their pay of said Capt. Clark, and that in all such
cases the under officers and soldiers of any detachment shall have a
right to sue for and recover their pay of their officer after he has drawn
their money and refused to pay the same.
Whereas sundry persons inhabitants of this State have been sentenced
to banishment by virtue of an act of Assembly passed at Bennington at
their session in June last some of which persons did not leave this
State according to sentence and others have found means to return, so
that the greater part of these persons do now reside in this State, which
does greatly disturb the peace and happiness thereof as well as endanger
the lives of the inhabitants, therefore
Resolved that if any such person or persons which have been senten-
ced to banishment as aforesaid shall be found in this State after the first
day of May next (which have not obtained or shall not obtain a pardon
or reprieve from their crimes from the Governor and Council of this
State,) that such person or persons shall be whipt not exceeding forty
stripes, to be repeated once a week, by order of any assistant or justice
of the peace, so long as they shall continue in this State.
Resolved that each of the above described persons be served with a
copy of the above Resolve.
* No record of this act is found. Two days after this, Feb. 26, 1779,
one hundred and eight persons were, by name, banished by an act of the
General Assembly.
288
Governor and Council-February 1779.
State, Whereupon, Resolved that one Months pay be allowed him by the
Treasurer of this State.
Having Taken into Consideration the petitions of the widow Abigail
French & Anna Waller, & not finding Sufficient proof to Satisfy the
Council, Resolved to Dismiss sa petitions.
1
On Petition of Michael Dunning for the farm formerly the property
of Amos Dunning his son for the Support of his Sons children &c.
Whereupon Resolved that John Burnham Esqr be & he is hereby di-
rected to sell the said Lands to the said Dunning Taking his obligations
on Interest payable one year after date.
I am directed by the Governor & Council to desire [you] to furnish
the wife & family of Colonel Rogers with as much corn as will be neces-
sary to support them, also to desire you to Settle with the Treasurer as
soon as may be.
Pr. Order,
JOSEPH FAY, Sec'y.
To Capt. John Simonds.
Adjourned to 8 °Clock Tomorrow."
Met according to Adjournment.
FRIDAY 26 Febr. 1779.
Sir, I am directed to desire you to sell the farm, formerly the prop-
erty of Amos Dunning, (now the property of this State,) to Michael
Dunning, upon condition, that he will give as much as it is really worth,
or as much as it will sell for to any other person, Taking his obligations
on Interest payable one year after sale for the same.
By order of Governor & Council,
To John Burnham, Jur. Esqr.
JOSEPH FAY, Sec'y.
Voted Ira Allen Esqr. to go to New Hampshire to carry a Letter to
the Honble Meshech Weare Esqr. President of Council, and Transact
any other business Necessary to be done.3
Voted Jonas Fay Esq" to go to General Washington & New Hamp-
shire.
Resolved that Jonas Fay & Colo. Moses Robinson be & they are hereby
appointed to Draft a Proclamation to be published at the same time when
¹ Amos Dunning of Pownal was proscribed by the act of Feb. 26, 1779.
2 Feb. 25.-Resolved that the Governor and Council be and hereby are
appointed a board of war with full power to raise any number of men
that shall by them be judged necessary for the defence of the frontiers
and to make any necessary preparations for the opening campaign-any
four of whom to be a quorum.
Resolved that the Council be and hereby are impowered to liberate
the tories under the care of Capt. [Samuel] Robinson or dispose of them
according to their merit.
Resolved that his Excellency the Governor and Council revise, pre-
pare and make any necessary alterations in the several laws and acts
passed in the General Assembly and have the same printed as soon as
may be.
[The acts of 1779, as republished in Slade's State Papers,
make 109 pages in fine type, which is fully equivalent to double that
number of pages as usually printed now. It was the first statute book
printed for the State.]
See Appendix G.
Governor and Council-February 1779.
289
the Laws are printed & Circulated throughout this State, also that His
Excellency with them prepare the Laws for the press.¹
¹Feb. 24th the Assembly resolved to raise $15,000 by a lottery as a
fund for military defence; and on the 26th the Governor was requested
to write to Gen. Washington apprising him of the intention of the state
to provide for the defence of the frontiers. He was also directed to issue
a proclamation, directing all persons to observe the laws; and accordingly
he issued the following:
BY HIS EXCELLENCY THOMAS CHITTENDEN, Esq.,
Captain-General, Governor and Commander in Chief in and over the State
of Vermont:
A PROCLAMATION.
WHEREAS the virtuous efforts and laudable exertions of the good peo-
ple of this State, have not only enabled them (by the benevolent in-
terposition of the all-wise Governor of the universe) to frustrate the
wicked devices, the despotic and tyrannical designs of their foreign as
well as domestic enemies, but has procured to themselves the inesti-
mable blessings of a free and independent government, and merited
the esteem and confidence of the UNITED STATES OF AMERICA.
And whereas it has ever been found (by universal experience) in all free
governments, to be of the highest importance, both for the honor of
GOD, the advancement of religion, and the peace, safety, and tranquil-
ity of the inhabitants thereof, that good and wholesome laws be estab-
lished, and justice impartially administered throughout the same, in
order to secure each subject in the peaceable enjoyment of his rights
and liberties both civil and religious. And whereas the laws of this
State are now promulgated in a full and legal manner amongst the in-
habitants thereof, whereby each subject may become acquainted with
his duty:
I have therefore thought fit, by and with the advice of my Council,
and at the request of the General Assembly, to issue this Proclamation,
and do hereby strictly require, charge, and command all persons, of what
quality or denomination soever, residing within this State, to take notice
thereof, and govern themselves accordingly, on pain of incurring the
penalties therein contained.
And I do hereby further strictly require and command all magistrates,
justices of the peace, sheriffs, constables, and other civil officers, to be
active and vigilant in executing the laws aforesaid, without partiality, fa-
vor or affection.
Given under my hand, and the seal of this State, in the Council Cham-
ber, in Bennington, this 23d day of February,* in the third year of
the Independency of this and the United States of America, and in
the year of our LORD, one thousand seven hundred and seventy-nine.
THOMAS CHITTENDEN.
By his Excellency's command, with advice of Council.
JOSEPH FAY, Sec'y.
GOD SAVE THE PEOPLE.
*NOTE. This date is wrong, as the Proclamation was not authorized
or drafted until Feb. 26.
290
Governor and Council-February 1779.
Voted Colo. Ethan Allen to wait [on] General Washington to ac-
quaint him with the Situation of affairs Relative to the defence of the
Northern Frontiers of this State.
Resolved that Fifty Non Commissioned officers & Soldiers, Together
with proper officers, be raised out of the Militia of this State for the de-
fence of the Northern Frontiers of the Same, to Continue in Service un-
til the 1st day of May next unless sooner discharged-30 men are to be
raised out of Colo. Herrick's Regiment & 20 out of Colo. Fletcher's Reg-
iment.
Warrent given John Benjamin Esq. Sheriff, to oblidge Watts Hub-
bard [ir.] to pay & satisfy the Judgment of Council in October Last at
Windsor. or Confine him to Certain Limits, & in case he the said Hub-
bert Break over said Limmits on Conviction thereof before any Justice
of the peace to Whip him on the naked back not Exceeding 20 Stripes
nor Short of 10 Stripes.
Adjourned until Tomorrow 9 °Clock.
Met according to Adjournment.
SATURDAY 27 Feby. 1779.*
Sir,-In consequence of a Letter recd. from you informing of some
incroachments of the Enemy, I have written General Clinton, informing
him of the Same. His answer you have inclosed, upon which I have
ordered fifty men to be raised to join you to Continue in Service until
the first of May next unless sooner discharged, & am directed to disire
Capt. Smith to Continue with his men until relieved by the above men-
tioned men to be raised. You will inform me from time to Time of the
Situation of your post, and the particular Movements of the Enemy.
I am Sir your Humble Servant,
THOS. CHITTENDEN.
To Capt. Gideon Brownson.
¹ On the next day Joseph Fay was appointed to wait upon Gen Wash-
ington instead of Ethan Allen, who wrote the following letter:
MARCH, 1779.
Sir:-The fifth campaign drawing near towards opening, and Lake
Champlain (from the last intelligence) being broke up, and the enemy's
ships of force and scouting parties every day expected down the Lake,
which may annoy and massacre the frontier inhabitants, has given rise
to great uneasiness, as the frontier is but weakly guarded and widely ex-
tended, which has induced the Governor of this infant State, with the
advice of his Council and House of Assembly, to lay before your Excel-
lency the true circumstances of the Inhabitants.
From the facts your Excellency will be able, with equal justice, to ad-
just matters in this part of the Northern department, and grant such re-
lief as shall be adequate to their necessitous condition.
Undoubtedly your Excellency will readily conceive that this part of
the Country have done more than their adequate proportion in the war,
and though they are greatly reduced as to materials to maintain standing
forces, yet on sudden emergencies the Militia is able and willing to face
any equal number of the enemy, provided they should have no other re-
ward but the satisfaction of defeating them.
General Washington.
ETHAN ALLEN.
2 The Assembly adjourned on the 26th to the first Wednesday in June,
but the Council continued in session.
Governor and Council-February 1779.
291
Sir, I am directed by the General Assembly to Write to you request-
ing you with the men under your Command to Continue at the post at
Rutland fourteen days from the 26 Instant. These are therefore to request
you to Comply therewith. Others will relieve & supply your place at
that Time. I depend on it the frontiers will not be Left so bare at any
future time as they now are so long as there shall be occasion for a
Guard there. I have written to Capt. Brownson which I expect he will
Communicate to you.
THOS. CHITTENDEN.
To Capt. John Smith.
Letter to Joseph Bowker, Esqr:
I am directed by Council to desire you to make a Settlement (in be-
half of this State) with Colo. James Mead relative to the mare & Colt in
dispute between him & Edward Bumpus, & whatever is found due to pay
the same to said Bumpus. Pr. order,
JOSEPH FAY, Sec'y.
Voted Colo. Moses Robinson to Draft a Proclamation for a General
Fast throughout this State.
Voted Joseph Fay Esqr in lieu of Colo. Ethan Allen to Wait on Gen-
eral Washington to acquaint him with the Situation of the Northern
frontiers of this State, &c.
Sir,—As it is uncertain Wheather Matison & Lees place will fall into
Clarindon or be States Land, You will not Sell it to any person at pres-
ent but Lease it out to Mr. Lemuel Roberts & his Brother for the pres-
ent year.
By order of the Govr. & Council,
JOSEPH FAY, Sec'y.
To Colo. James Claghorn.
Voted Colo. Moses Robinson, Samuel Robinson Esqr. & Jonas Fay
Esq. a Committee to Settle Mr. Ambrose Hubberts acct against the
State.
Voted that His Excellency the Govr. be directed to give orders to
Captain Fitch to furnish the wives of David Castle & Elijah Benedict of
Paulet with one Cow Each during the pleasure of Council.
Voted that the Judges of the Special Court be Allowed 2 Dollars pr
day for the Tiyal of David Redden, [Redding,] who was Executed in
this place in June last.
Voted & Resolved that Widow Wright be released from paying the
rent of the farm she lived on last year. The same Entered on her peti-
tion to this Council & sent back to the sd Widow at Shaftsbury.
To John Benjamin, Esq". Sheriff:
Sir,-You are hereby directed to Suspend the Execution of the Sen-
tence of Banishment against Titus Simonds until the Sessions of the
Council & Assembly in June Next, & you will keep him to Labour to
pay for his Support until that time within the Town of Windsor, on pen-
alty of his being Whiped not Exceeding 40 Stripes on the naked back
on his Leaving said Town.
pr. order, JOSEPH FAY, Sec'y,
The End of Feby. Session 1779.
JOSEPH FAY, Sec'y.
292
Executive Correspondence, March 1779.
EXECUTIVE CORRESPONDENCE, MARCH, 1779.
BENNINGTON 5 March 1779.
Sir,-Yours of yesterdays date by Lt. Butterfield I recd this morning,
and am very sorry the Troops raised for the Defence of the Northern
frontiers are delayed for want of Provisions. I enclose you a Copy at
Large of a Letter I reed from General Clinton,' by which you will Larn,
that I am fully Authorized to raise such men & naturally implies that
they are to [be] supported out of the Continental Store, which I trust
you will deliver as soon as you obtain this knowledge. I will be answer-
able if any Blame shall come against you on that account.
I am Sir your Humble Servant,
THOMAS CHITTENDEN.
Enoch Woodbridge Esqr. C. I. [Commissary of Issues.]
Copy of a Letter to General Washington:
BENNINGTON 5 March 1779.
Sir, I am directed by my Council & the General Assembly of this
State, to recommend to your Excellency the present unhappy situation
of the Inhabitants of the Northern frontiers of this State, & to pray your
Excellency's interposition for their future Relief. The contiguous situ-
ation of those inhabitants to the Enemy has rendered their Safety pecu-
liarly uncertain from the first commencement of the present War; the
many alarms occasioned by the repeated approaches of the Enemy have
kept its inhabitants in such a fluctuating condition as has rendered it
impracticable for them to have secured any considerable supplies of pro-
visions for their families beforehand. The encroachments of the Army
under the Command of Lt. General Burgoyne into this State in the year
1777, their daring Attempts to distroy this Town & the public Stores
then deposited here, commanded the attention, as well as the most vig-
orous exertions of those Inhabitants-and Altho there was then very
plentiful Crops of Grain, Corn, Hay, &c., on the Ground, yet by reason
of the Enemy, the inhabitants were prevented from securing any consid-
erable part of it. That by their continuing in Service for the purpose of
reducing General Burgoyne to a Submission, the season of the year
was so far advanced as to put it out of the power of those in-
habitants to make the necessary preparations for a Crop of Winter
Grain on which they have ever had their Greatest dependence since the
first settlement of this part of the Country. They are therefore princi-
pally reduced to an Indian Cake in Scant proportion to the number of
their Families, & by the distruction of their Sheep by the Enemy, their
loss of them otherwise as well as their flax, their backs & their bellies
have become Co Sufferers.
In this deplorable Situation, may it please your Excellency, they re-
main firm & unshaken, & being generally well armed and accoutred, are
ready on any sudden Emergency and on the Shortest Notice to face &
Encounter their inveterate foe Undaunted. But on Viewing their pre-
1
Brigadier General James Clinton, of New York, of the continental
service.
Executive Correspondence, March 1779.
293
sent Circumstances, it may be your Excellency may be prevailed on to
make such Provisions for the Security of the Frontiers of this State
(which is no less so to three other States) as may prevent the fatal
necessity of those inhabitants being continued in Constant Service the
ensuing summer.
With this will be communicated a Copy of a Letter from General Clin-
ton of the 25 ulto. by which your Excellency will perceive his rediness to
Grant every relief in his power. In consequence of this Letter I have
ordered the Continuance of the Company of Militia therein named & an
addition of 50 men Exclusive of Commissioned officers to join them
immediately. If after all that has been exhibited on this Subject it should
be found inconsistent to adopt any other measures in the case, I desire
an order may be granted for the Subsistence & pay of such officers &
soldiers as may be found necessary to raise from time to Time within
this State for the purpose aforesaid. The Bearer hereof, Joseph Fay,
Esq. in whose attachment to the Common cause your Excellency may
repose the Greatest confidence, will be able to give any further inteli-
gence in the primises, & patiently wait any advice or directions your
Excellency may please to Communicate.
I am Sir your Excellency's most
Obedient and very Humble Servant,
His Excellency Gen' Washington.
Copy, Attest, Jos. FAY, Sec'y.
THOMAS CHITTENDEN.
ARLINGTON, 6 March 1779.
Sir,-Your kind favour of the 25 ult. came to hand and in consequence
of your advice I have ordered the continuance of the Company of Militia
& an addition of fifty men more of the Militia of this State (exclusive
of Commissioned officers) who will march this day to join Capt. Brown-
sons Command at Rutland.
This may serve to secure the Frontier inhabitants for the present, but
as the Lakes are now open which affords an opportunity for the immedi-
ate advances of the Enemy's armed Vessels, such security is only Tem-
pory & a greater force will be forthwith necessary to prevent the inhabi-
tants removing with their Families and such of their effects as [they]
may be able to bring with them. I sincearly thank you for the rediness
which you have hitherto shown on all occasions to Communicate any
relief in your power for those distressed inhabitants & desire you'd please
to accept the same, & in the mean Time beg to know what further
assistants you can afford them.
I have no disposition to Trouble His Excellency Gen¹ Washington or
Congress on the Subject if any thing short can Secure the Inhabitants,
but their daily applications to me makes it necessary that I bear their
case in mind, and Continue my applications in their behalf until (if pos-
sible) I obtain relief for them. The bearer hereof, Joseph Fay, Esq. in
whom you may confide, will be ready to give you any further Inteligence
in the premises in his power.
I wish to be Indulged with an immeadiate answer to this that I may
be the better Enabled to know what method will be adviceable for me to
persue next for relief.
I am Dr. [sir] your most
Obt Humble Servant,
Brigadier Gen' Clinton.
THOMAS CHITTENDEN.
294
Governor and Council-March 1779.
BENNINGTON, 10th March 1779.
Sir,-Your favour of the 5 of November last was Seasonably dilivered
me by lra Allen Esqr. I have purposely omitted an answer until the
General Assembly at their present Session should be able to direct me in
what manner I might be Warranted to do it, which I find cannot be
more explicitly done than by inclosing their Resolution for disolving
the union (so called) with sixteen Towns East of Connecticut River,
which I have inclosed.
The Laws of this State are now nearly fitted for the press & will be
immeadiately printed & Circulated among the inhabitants, the execution
of which I flatter myself will prove sufficient to quit [quiet] any distur-
bances among the Inhabitants west of Connecticut river; but as those
on the East side (who have been heretofore considered as being united
with this State) are accomplices with some few diseffected persons on
the west side of Connecticut river, in creating feuds and Jealousies to
the disturbance of N. Hampshire, as well as this State, your wisdom
therefore, in quelling those disturbances East of the river will doub-
less [doubtless] prove Sufficient.
The bearer, Ira Allen, Esq., who is appointed to communicate this,
will be able to give any further inteligence in the matter.
I am Sir with Sentiments of Esteem
Your honor's most Obedient Humble Servant,
THOMAS CHITTENDEN.
The Honble Meshech Wire [Weare,] Esqr., President of the Council N.
Hampshire.¹
IN COUNCIL, Arlington 12 March 1779.
Sir,-You are hereby directed to diliver over the South Hundred
acres of the farm formerly in the possession of Jeremiah French to John
Fassett Jr., Esq., Commissioner of Sales of Land.
Martin Powel Esq". C. Seqn.
12.
THOMAS CHITTENDEN.
Sir,—You are hereby directed to make application to Martin Powel
Esq., of Manchester for the South hundred acres of the farm formerly
in Possession of Jeremiah French, in which said Manchester, & Take
the Same into possession, which you will keep until you have further
orders from this Council.
THOMAS CHITTENDEN.
To John Fassett [Jr.,] Esq., C. of Sales of Land:
Council adjourned until the 4th Wednesday of April next to meet at
the house of His Excellency Thomas Chittenden in this Town.
M. LYON, D. Sec'v. P. T.
Attest,
THE GOVERNOR AND COUNCIL AS A BOARD OF WAR.
March 11, 1779, the Governor and Council commenced their action as
a BOARD OF WAR, under the resolution of the General Assembly of Feb.
25. The record of this Board will therefore be given in connection with
the Council record, in chronological order as near as may be.
1
¹ For documents on this subject see Appendix G.
Governor and Council as Board of War.
295
ARLINGTON, March 11th 1779.
BOARD OF WAR met at the House of his Excellency Thomas Chitten-
den, Esqr.
Members Present,
His Excellency THOM. CHITTENDEN, Esq™,
Honorable JOSEPH BOWKER, Esqr.
Honorable TIMOTHY BROWNSON, Esqr.
Honorable JOSEPH FAY, Esqr.
Honorable MOSES ROBINSON, Esqr.
Honorable IRA ALLEN, Esqr.
and made choice of MATTHEW LYON, Secretary of the Board of War.
ARLINGTON, March 11 1779.
Resolved that the Capt. General issue an order to Col. Gideon Warren
Commanding him to call forth one hundred men properly officered of the
militia of this [his] Regiment forthwith on the reception of this, and to
hold them in constant readiness at a minutes warning to march for the
defence of the frontier Inhabitants of this State whenever he shall re-
ceive intelligince from Capt. Brownson or other officer commanding the
post at Rutland that the Lake Champlain is clear of Ice; and that their
pay commence three days before they March.
ARLINGTON, March 11 1779.
Dr Sir,-In consequence of repeated_applications to me by the fron-
tier inhabitants of this State, I have ordered one hundred men of Colº.
Warrens regiment properly officered to be got ready immediately on the
reception of their orders and to hold them in readiness to march at a
minutes warning to your assistance whenever you shall certify him that
the Lakes are clear of Ice, which I desire you to do as soon as you shall
come to the knowledge of it.
I shall send some directions to the inhabitants to remove, the particu-
lars of which I cannot well insert here. Must refer you to the bearer,
Capt. Fassett.
I am dear Sir your most
obedient humble servant,
Capt. Gideon Brownson.
THOS. CHITTENDEN.
N.*B.—I am informed by Capt. Fassett, that the inhabitants of Pits-
ford have agreed to build a picquet in some convenient part of that town
at their own expence, I would therefore recommend to you to afford
them a detachment from your Command on the completion of the Pic-
quit and the arrival of Colo. Warren's Militia.
T. C.
Copy.
ARLINGTON, March 12th 1779.
Sir,-As it was omitted, in the other Letter, to advise you in regard to
the inhabitants of Castleton, and as I have recommended it to them to
build a picquet Fort in that Town, would advise that on the arrival of
the Militia from Colº. Warren's Regiment you send them some relief to
keep the same.
Your humble servant,
Capt. Gideon Brownson.
THOS. CпITTENDEN.
ARLINGTON March 12th 1779.
Whereas this State is a frontier to the Northern Enemy it is therefore
necessary that some lines be ascertained where this State will attempt
to defend the Inhabitants:
Therefore Resolved that the North line of Castleton, the west and
north lines of Pittsford to the foot of the Green Mountains, be and hereby
is Established a line between the Inhabitants of this State and the Enemy,
and all the Inhabitants of this State living to the north of said line are
296
Governor and Council as Board of War.
directed, and ordered to immediately move with their families and
Effects within said Lines. This Board on the Petition of the Inhabitants
do also recommend the Inhabitants of Castleton and Pittsford to im-
mediately erect a Picket fort near the Center of the Inhabitants of each
Town and that the women and children (excepting a few near the fort)
move to some convenient place south and that the men with such part of
their stocks as may be necessary remain on their farms and work in Col-
lective bodies with their arms.
WAR OFFICE April 2ª at Arlington 1779.
This Board having taken into their consideration the present defence-
less situation of the frontier inhabitants of this State, and the dangers
they must be immediately exposed to on the breaking up of the Lakes,
have and do hereby resolve, that one hundred men exclusive of Com-
missioned officers be immediately raised and officered in the several
Regiments in this State hereafter named, for the immediate defence
of the Frontiers thereof, who are to continue in service sixty days, in-
cluding the day they march, unless sooner discharged, and that their pay
commence two days before such march:
That Colo. Samuel Herrick furnish
Non-commissioned
1st Lieut. officers & privates.
Capt.
for the above purpose,
1
That Colo. Sam. Fletcher furnish
That Col. Joel Marsh
1
1 2d
do.
1
1
3
35
35
30
100
Resolved that the order to Colo. Gideon Warren of the 11th of March
Last be forthwith countermanded, and that the Captain General be di-
rected by this Board to issue his order requiring Colo. Warren to raise
one Captain one 2d Lieutenant and fitty non-commissioned officers and
soldiers of his Regiment immediately and to hold them in constant read-
iness to march on the shortest notice for the defence of the frontiers
whenever he shall receive intelligence from the officer commanding the
post at Rutland that the Lake is clear of Ice, and that their pay com-
mence two days before they march, and to continue in service sixty days
including the day they march, unless sooner discharged.
ARLINGTON, 2d April 1779.
Necessity obliges this Board to call on you at this time for the as-
sistance of such part of your Regiment as named in the orders herein
enclosed to you. You will readily conceive that the Lakes will soon be
clear of Ice, and in consequence the frontier inhabitants of this part of
the State will be immediately exposed to the rage of the enemy; the re-
quests of those inhabitants are pressing, loud and repeated. I flatter
myself your men will cheerfully turn out on this occasion as I have rea-
son to expect (by Mr. Fay's favourable return from head quarters) that
provision will be made to defend the frontiers from a different Quarter,
and perhaps sooner than sixty days, which if done the men will be
sooner discharged.
I am Dear Sir your humble servant,
THOMAS CHitTenden.
Sent to Colo. S. Fletcher, Colo. S. Herrick, Colo. Joel Marsh, Colo.
Gideon Warren.
Letter to Colo. Warren and orders-(Copy.)
ARLINGTON, 2ª April 1779.
Sir, The Board of War having taken into consideration the situation
of the northern frontiers of this State, have resolved to raise a further
Governor and Council-April 1779.
297
supply of Troops for their security. Therefore you are hereby Com-
manded forthwith to furnish by Draught, one Captain, one second Lieu-
tentant and fifty able bodied effective men (in Lieu of the hundred last
ordered,) and have them every way equiped with arms and every other
necessary for a Campaign in defending said frontiers, to continue in ser-
vice sixty days from the day they march (unless sooner discharged) and
their pay to commence two days before they march. You will cause
them to march agreeable to the orders for marching the hundred Last
ordered.
Orders sent since for one serjeant in Lieu of a 2d Lieutenant.
THOS. CHITTENDEN, Capt. Genl.
To Colo. Gideon Warren.
Similar orders [to] above sent to the following Colonels & Regiments,
viz.
Colo. Sam Fletcher,
Colo. Sam¹. Herrick,
Colo. Marsh,
Capt.
1st Lieut. 2d Lieut.
Privates.
1
35
0
1
0
35
1
30
Total,
100
Debenture of War, Arlington April 3ª 1779—Debenture providing Guard
for the Frontiers.
Jonas Fay Esq., 1 2-3 day, horse 16 shillings,
[Receipt] JONAS FAY.
Timothy Brownson, Esq., 1 day, horse 4 shillings,
TIMY BROWNSON.
Jeremiah Clark, Esq., 1 1-2 day, horse 15 shillings,
JEREMIAH CLARK.
Moses Robinson, Esq., 1 2-3 day, horse 15 shillings,
MOSES ROBINSON.
Joseph Fay, Esq., 1 2-3 day, horse 15 shillings,
JOSEPH FAY.
£3 16 0
200
3 8 0
3 15 0
3 15 0
[£16 14 0]
£17 12 0
RECORD OF THE GOVERNOR AND COUNCIL
AT A
SPECIAL SESSION AT ARLINGTON, APRIL 1779.
ARLINGTON, April 29th 1779.
Whereas the General Assembly of this State at their Sessions held at
Bennington the 23d day of February last, did Resolve that all those per-
sons who were Sentenced to Banishment, by virtue of an act of Assembly
passed in June 1778, and yet remain in this State after the first day of
May 1779, unless pardoned or reprieved by the Governor & Council,
That such person or persons be whipped not exceeding 40 Stripes &
continued Weekly:
21
298
Governor and Council as Board of War.
And whereas the day to give the said persons a hearing for a pardon
or reprieve being come, and James Breakenridge, Ebenezer Cole, &
Jno. McNiel, appearing, and made their request & plea-& their not be-
ing a Sufficient number of the Council present, the said persons have
not had a Determination according to the Intention of the Assembly-
We therefore Recommend it to all Concerned that their punishment be
Suspended until a decree of the Council be obtained in the premises.
pr. order,
JOSEPH FAY, Secy.
IN COUNCIL, Arlington 30 April 1779.
Whereas it appears to this Council that Mary Hawley [is] wido. of Abel
Hawley Jur. Late of Sunderland an Enimical person Decd. & his Estate
Confiscated, & that the Commissioner of Sales of such Estates has Omit-
ted allowing her the said Mary a Cow, as has been the usual Custom in
such cases-Therefore Resolved that the Treasurer be directed to pay
unto the said Mary one hundred & Eight Dollars out of the public
Treasury of this State in Lieu of all other Allowances.
April 30, 1779.
Upon the representation of Colo. Gideon Warren a person Wounded
in the Service, that the Honble the Congress of the United States did in
the Month of August 1776 Resolve an allowance should be made as a
Compensation to such officers & Soldiers as had or should in future be
wounded, or maimed in the Service of the United States, part of which
Allowance was made to him by the General Assembly of this State at
their Sessions in June last-& praying a further Allowance at this Time,
Therefore Resolved that the Treasurer be directed to pay Col. Gideon
Warren one hundred and Twenty pounds out of the public Treasury of
this State, & that the said Gideon Warren to account with the Treas-
urer for such part of said sum (if any) as may appear to be over the sum
allowed by Congress.
PROCEEDINGS OF THE GOVERNOR AND COUNCIL
AS BOARD OF WAR,
MAY 1779.
THE official record contains nothing of a special meeting of the Gov-
ernor and Council May 6, 1779, to take measures for the enforcement of
the authority of the state in Cumberland county. April 2d 1779 the
Board of War had ordered a draft for men to reinforce the military on
the frontier, a portion of the men to be drawn from Cumberland county.
Gov. Clinton had previously commissioned officers there, and among
Governor and Council as Board of War.
299
others Col. William Patterson,' who had a regiment of about five hun-
dred men.
Under the direction of Patterson, the Vermont draft was
resisted. IRA ALLEN stated that Gov. Chittenden, being duly informed
of this, &c., "took speedy and secret measures to counteract them." This
was effected by sending ETHAN ALLEN with an armed force and the
power to employ the posse comitatus, who promptly arrested Patterson
and other officers, in all forty-four, the most of whom were indicted,
tried, convicted and fined. The language of ALLEN implies that Gov.
CHITTENDEN took the sole responsibility of this important movement,
and this, if it were the fact, accounts for the apparent omission in the
record. It will be observed, however, that on the 2d of June following,
the General Assembly appointed a committee “to wait on his Excellency
the Governor and the honorable members of the Council present," and
give the thanks of the Assembly "for their raising and sending the posse
comitatus into Cumberland county.”—See I. Allen's History, in Vt. His-
torical Soc. Coll., vol. 1, pp. 400-402; Eastern Vermont, pp. 332–345; Early
History, pp. 284–288.
The orders to Col. Allen are found in the Ethan Allen Mss., in the
office of the Secretary of State, pp. 289, 290. They were as follows:
Orders to Col. Ethan Allen, &c.
Whereas complaint hath been made unto me by SAMUEL FLETCHER,
Esq., commanding the first regiment of militia within this State, that on
Wednesday the 28th day of April last, at Putney in the State afore-
said, a large number of men consisting of near one hundred being un-
WILLIAM PATTERSON was of Scotch Irish descent, probably born in
Ireland. He came to Westminster about 1772 under the patronage of
Crean Brush, and his carcer, in Vermont at least, exceeded even that of
his tory patron in infamy. He was made sheriff of Cumberland county
by New York in 1773, and held the office until the royal officers were
arrested on the heel of the Westminster massacre. His first offence was
the arrest and imprisonment of LEONARD SPALDING, "the hero of
Dummerston," Oct. 1774, for condemning the Quebec bill, which, Spald-
ing said, "made the British tyrant Pope of that government." Spalding
was released by the interposition of the Whigs, after an imprisonment
of eleven days. Patterson's next infamous act was heading the tory
crew at the massacre at Westminster. That Gov. Clinton, a major-gen-
eral in the continental army, should commission this man as a colonel in
1778 is an extraordinary fact. Mr. Sabine, the author of The Royalists
in America, condemns Patterson, and adds, that of his life, subsequent to
his residence in Vermont, "he has no certain information. A loyalist
of this name, however, embarked at Boston with the British army for
Halifax in 1776—[this could hardly be the Vermont Patterson;] and I find
the death of William Patterson (who had been Governor of the Island
of St. John, Gulf of St. Lawrence,) at London, in 1798.”—See Eastern
Vermont; and Sabine's Loyalists of the American Revolution.
300
Governor and Council as Board of War.
lawfully assembled under the command of a certain pretended Col. PAT-
TERSON of Hinsdale, [Vernon,] did then and there by force and with
violence take and convey from one WILLIAM M'WAINE a serjeant be-
longing to Capt. DANIEL JEWET'S company of militia, and in the said
SAMUEL FLETCHER'S regiment, two Cowes which the said serjeant
M'WAINE had previously taken, one from JAMES CLAY, and the other
from BENJAMIN WILLSON, both of Putney, by virtue of a warrant by
legal authority [issued] directing the said serjeant M'WAINE to dispose
of so much of the Estates of the said JAMES CLAY and BENJAMIN
WILLSON, at public outery, as would satisfy the fines of the said James
and Benjamin [for] refusing to march or pay their proportion of raising
men when legally draughted for the service of this and the United States
of America agreeable to an act of the General Assembly of the Repre-
sentatives of the Freemen of this State; and praying for relief in the
premises, and being against the peace and dignity of the same:
You are therefore hereby commanded, in the name of the freemen of
the State of Vermont, to engage one hundred able bodied effective men
as voluntiers in the County of Bennington, and to march them into the
County of Cumberland seasonably to assist the Sheriff of said County to
execute such orders as he has or may receive from the civil authority of
this State, in order to put into execution at the adjourned session of the
Superior Court to be holden at Westminster in the County aforesaid the
26th day of May instant. Hereof you may not fail.
Given under my hand at Arlington this 6th day of May A. D. 1779.
THOMAS CHITTENDEN, Captain General.
[From the Record of the Board of War.]
WAR OFFICE, Shaftsbury, May 13th, 1779.
Resolved that fifty able bodied effective men, non-commissioned offi-
cers and soldiers properly officered, be forthwith raised of the Militia of
the County of Bennington, to serve forty days from the day they march,
in guarding the northern frontiers of said County and protecting its in-
habitants from the incursions of the Enemy, unless sooner discharged.
And Colo. Herrick furnish for the above purpose,
Capt. 1, Lt. 0, Rank and file 25.
1,
25.
and Colo. Warren furnish for do.
Resolved that the Captain General be and he is hereby directed to
issue his orders to the above named Colonels for the above purpose.
Resolved that the Captain General be and he is hereby directed to
issue a Commission to Doctor Jacob Ruback dated 6th of May 1779 to
Continue in force untill the 10th of July next unless sooner discharged.
Copy of a Letter to Colo. Warren.
ARLINGTON, May 14th 1779.
Dear Colonel,—I have received your favour of the 16th [6th, probably,]
instant some days since but have thought proper to wait the determina-
tion of the Board of War before I answered it. By the enclosed orders
you will see the present determination of the Board of War. Your Ex-
ertions at the time of Capt. Brownson's being called away, your disposi-
tion of the Militia and care for the forts greatly pleases me. I perceive
by Capt. Sawyer's return that there is yet 13 men behind of the 60 days
men. I beg of you to take care that they be sent on without delay, as
also those in the inclosed order. I flatter myself this will be the last
we shall have occasion to call for this Summer, and had not Capt. Brown-
son been unluckily called away we should not had occasion to call this
last time.
T. C.
I am dear Sir your most obedient servant,
Governor and Council as Board of War.
301
Copy of orders to Col. Warren.
Pursuant to a Resolve of the Board of War yesterday you are hereby
commanded, immediately on the reception of this, to detach or draught
one Ensign and twenty-five able bodied effective non-Commissioned
officers and Soldiers of your Regiment and have them every way equiped
with arms and every other necessary for a Campaign in defending the
Northern frontiers. to continue in service forty days from the time of
marching. You will cause them to march to Rutland as soon as possi-
ble, and they are to be under the Command of Captain THOMAS SAW-
YER, who is to be their Captain and Commands the post.
Given under my hand at Arlington this 14th day of May 1779.
THOMAS CHITTENDEN, Capin. Gen'.
Colo. Herrick has orders of Like Tenour save Lt. in Lieu of Ensign.
Copy of orders for Captain Thomas Sawyer Commanding at Fort Ranger,
dated Arlington, May 14th 1779.
The design and object of a Garrison's being kept at your post is to
prevent the Invasion of the Enemy on the northern frontiers and to
aunoy them should they come within your reach. As there are two
other forts, one at Castleton and one at Pittsford, dependant on yours,
you are to take care that they be properly manned and provided for pro-
portionable to your Strength at fort Ranger. You will keep out con-
stant scouts towards the Lake so as to get the earliest intelligence of the
motions and designs of the Enemy. You will keep the command of
Fort Ranger and the other forts depending untill otherwise ordered by
me or untill some Continental officer shall take the command. You will
post the earliest intelligence of the motion of the Enemy to me and
guard against surprise. Given under my hand,
THOS. CHITTENDEN, Capt. Gen¹.
Copy of Letter to Colo. Herrick.
ARLINGTON May 14th 1779.
Dear Colonel,—Capt. Brownson's being called away from Rutland has
occasioned the within order, which there is the greater necessity to exe-
cute. I find by Capt. Sawyer's return that 13 of the 60 days men have
not yet arrived at Rutland from your Regiment. I do earnestly request
you to examine into the cause of the delinquency and cause them to be
forwarded without delay, as also those in the enclosed order, as the In-
habitants are under great apprehensions of the Enemy's coming upon
them.
I remain Sir your very humble servt.
THOS. CHITTENDEN.
Col. Herrick.
302
Governor and Council-June 1779.
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
SESSION OF THE GENERAL ASSEMBLY AT WINDSOR,
JUNE 1779.
The following is a Copy of a resolve of the General Assembly, vizt:
IN GENERAL ASSEMBLY June 2d 1779.¹
Voted & Resolved, that Mr. [Edward] Harris [of Halifax,] Mr. [Silas]
Webb [of Thetford,] & Col. [John] Strong [then of Dorset, afterward of
Addison,] be and are hereby appointed a Committee to Wait on his Ex-
cellency the Governor & the Honble Members of the Council present &
give them the thanks of this Assembly for their rasing & sending the
Posse Commitatis into Cumberland County in May last for the purpose
of apprehending the Rioters who were Tried at Westminster.
Copy, attest,
Pr order,
JOSEPH FAY, Sec'y.
M. LYON. Clerk.
IN COUNCIL, Windsor June 3ª 1779.
Sir,--You are hereby required to Call the male Inhabitants of the
Town of Whitingham between the age of 16 and 60 years, or such as
have a right by Law to vote for the choyce of Militia officers, to meet at
some convenient time and place in sa town to be by you appointed, as
soon as may be, & to Lead them to the choice of a Captain, one Lieuten-
ant & one Ensign, & make returns of the persons thus chosen to this
Board in order to their being duly Commissioned.
By order of the Govr & Council,
Lt. Silas Hamilton.
JONAS FAY, Sec'y. P. T.
IN COUNCIL, Windsor June 3ª 1779.
Voted & Resolved that Jonas Fay Esqr. be & is hereby appointed
Secretary P. Tem.
Sir,-You are hereby directed to Convene such of the inhabitants of
N. Fane as are qualified by Law to vote for Militia officers to meet at
some convenient Time and place in said Town to be by you appointed,
¹From the Assembly Journal:
Resolved that this Assembly do approve of the method heretofore
taken by the Board of War for the defence of the frontiers; and do re-
commend them to attend to the defence of the frontiers.
Resolved that his Excellency the Governor and any four members of
the Council be and they are hereby invested with all the powers that
have been hitherto given to and made use of by the Court of Confisca-
tion.
Governor and Council-June 1779.
303
and lead them to the choyce of one Captain, one Lt. & one Ensign, &
Return their names to this Board as soon as may be in order to their
being duly Commissioned.'
pr Order,
[No address on the record.]
JONAS FAY, Sec'y. P. T.
IN COUNCIL, Windsor 3d June 1779.2
Resolved that Mr. Stephen R. Bradley be & he is hereby appointed to
prepare, and bring into this board as soon as may [be] a draft of a Proc-
lamation to be Issued by his Excellency in regard to the diseffected in-
habitants of the County of Cumberland."
By order of the Govr. & Council.
JONAS FAY, Sec'y. P. Tem.
Resolved, that Mr. Allen & Mr. Carpenter be & they are hereby ap-
pointed a Committee to adjust accts with Mr. Alden Spooner, Printer.
4.
On the Representation of Mr. Timothy Bartholomew, that the Child-
ren of Mr. James Munn Late of Thetford, an Enimical person deceased,
were suffering for the Necessaries of Life, an order is therefore Issued
to Joseph Horsford, Commissioner of Sequestration, for the rent of the
sd Munus farm the present year to be appropriated for the relief of said
Children.
JONAS FAY, Secy. P. T.
Attest,
1 The resistance of Col. Patterson to Vermont was within the bounds of
Col. Samuel Fletcher's regiment. Whitingham and Newfane were also
in his regiment. These orders therefore were made to enforce the au-
thority of Vermont against New York. On the same day the Assembly
ordered the selectmen of the towns in Cumberland county to seize all
the "stocks of ammunition lodged in the hands of the enemies of this
State" in towns in that county. The phrase "enemies of this State "
seems to include the adherents to New York as well as tories. The fact
was, however, that several at least of the leading adherents to New York
were also tories.
2 From the Assembly Journal:
Ira Allen Esq. made report of his mission to New Hampshire and
sundry papers relative thereto was read-and Ira Allen Esq. was un-
animously chosen by ballot an Ageut to transact the affairs of this State
at the Council and General Assembly of the State of New Hampshire.
Resolved, that His Excellency the Governor be and be is hereby re-
quested to write to the Council and General Assembly of the State of
New Hampshire informing them that it is not agreeable to this Assem-
bly that the Assembly of the State of New Hampshire lay any jurisdic-
tional claim to the west of Connecticut River.-See Appendix G.
Resolved, that a Surveyor General be appointed to procure copies of
all Charters that ever was made of lands lying in this State in order to
make out one General plan of this State in order to know where vacant
lands are; and it shall be his duty to follow the instructions he shall
from time to time receive from the Governor and Council or from this
Assembly.
The ballots being taken, Ira Allen Esqr. was Elected Surveyor Gen-
eral.
See Appendix H.
304
Governor and Council-June, 1779.
WINDSOR 4 June 1779.¹
STATE OF VERMONT. IN COUNCIL, date above. S
Sir,-You are hereby directed to Take the wife and family of Titus
Simonds, and Transport them to the officer Commanding at Rutland,
Consulting him in some Method to Transport said family within the
Enemies Lines in Canada.
By order of the Gov™. & Council,
To Capt. Simonds of Andover.
JONAS FAY, Sec'y. P. T.
4th.
Sir,-You are hereby ordered to Confirm to Mr. Moses Evans of Hert-
ford the Bargain you have entered into with respect to the rent of a part
of the farm formerly the property of Zadock Wright Esq. now the prop-
erty of this State, & receive the rent of said Evans for the use of this
State, you to be accountable.
You are Likewise ordered to Confirm to Mrs. Sarah Wright wife of
the aforesid Zadock Wright Esqr. the improvement of the seven acres of
plowing, six of Mowing & the pasturing of three Cows, ten sheep & one
horse free of rent for this year.-Also the priviledge of Fallowing any
quantity of said farm not leased as aforesaid & sowing the same this
Season for her own & her families use.
To Paul Spooner, Esq".
By order of Council,
JONAS FAY, Secy. P. Tem.
IN COUNCIL Windsor 4th June 1779.
Resolved that Mr. Emmons, Mr. Spooner & Mr. Allen be & they are
hereby appointed a Committee to Settle the acct. exhibitted by Mr. Rob-
inson & order payment of what shall be found due.
[June] 4th.
Resolved that Mr. Noah Smith be & he is hereby appointed a paymas-
ter for the Militia agreeable to a Resolution of the General Assembly of
this State of the 22d of Feby last, and his Excellency is hereby directed
to Give him a Warrant accordingly.
3
[From the Record of the Board of War.]
BOARD OF WAR, Windsor, 5th June 1779.
Resolved that one hundred and fifty men officers included of the mili-
tia of this State be raised immediately to serve as a guard at the post at
Rutland and the frontiers of this State, to Continue in service two
months from the day they march, unless sooner discharged, and their pay
¹From the Assembly Journal:
Resolved, that his Excellency be requested to issue a proclamation of
pardon to all rioters, &c., which proclamation was read and approved of.
-See Appendix H.
2 In the superior court for Cumberland county, held at Bennington in
Dec. 1778, a complaint was entered against Titus Simonds of Hertford,
[Hartland,] charging that he went over to the enemy on the 4th of Sep-
tember 1777. His property was confiscated.
8
The Assembly adjourned without day on the 4th of June, but the
Council continued in session to the 12th, sitting a portion of the time as
Board of War.
Governor and Council-June, 1779.
305
to commence two days before they march, and that they be taken from
the several regiments in the following proportion (viz.)
Capt.
Lt.
En.
Serj.
R. & file.
Colo. Fletcher,
1
1
1
4
33
40
Colo. Herrick,
0
1
1
2
31
35
Colo. Marsh,
1
0
1
3
30
35
Colo. Warren,
1
0
2
22
25
Colo. Olcott,
0
1
13
15
3
3
3
12
129
150
The record of the Governor and Council contains no entry for the 7th
of June, but the following is found in Ethan Allen Mss., in the Secre-
tary of State's office, pp. 289–290:
STATE OF VERMONT. IN COUNCIL, Windsor, June 7th 1779.
Resolved that the Capt. General's orders of the 6th of May last to Colº.
Ethan Allen, together with an extract of the proceedings of the ad-
journed Superior Court held at Westminster in the South half-shire of
the County of Cumberland, on the 26th day of May last, and his Excel-
lency's Proclamation of the 3ª instant, be published.
Extract from the Minutes.
JONAS FAY, Sec'y pro tern.
WINDSOR 12 June 1779.
Resolved that Colo. Ethan Allen and the Honble Jonas Fay Esqr be
and they are hereby directed to Wait on the Honble the Grand Council
of America as soon as may be, and they and Each of them are hereby
recommended to that Honble Board to do and Transact any business that
Concernes the State of Vermont.
By order of the Govr. & Council,
JOSEPH FAY, Sec`y.
The Proclamation extended a pardon to "all persons indicted, in-
formed against, or complained of," &c, "provided nothing herein con-
tained be construed to extend tɔ any person to whom judgment has al-
ready been rendered." The portion of the court record published was,
most probably, the part which recited the judgment of the court against
Col. Eleazer Patterson and twenty-nine others. The list is as follows:
Eleazer Patterson, John Sargeants, Elkanah Day, James Clay, Mi-
chael Gilson, Lucas Nelson, Timothy Church, Micah Townsend, James
Blakeslee, James Clay jr., Benjamin Whitney, Samuel Root, John Nor-
ton, John Sessions, Ephraim Clay, Medad Wright, Bela Willard, Joseph
Willard, Bildad Easton, Daniel Sabin, Noah Sabin, William Pierce, Noah
Cushing, Samuel Wheat, Francis Cummings, James Cummings, Joseph
Jay, Thomas Pierce, Thomas Willson, and Benjamin Butterfield.-
Eastern Vermont, p. 344.
Some of these, probably most, afterward submitted to the authority of
Vermont.
306
Governor and Council-July 1779.
PROCEEDINGS OF THE GOVERNOR AND COUNCIL
――
AT A
SPECIAL SESSION AT ARLINGTON, JULY 1779.
Copy of a letter to Asa Douglas Esqr·
IN COUNCIL Arlington 29th July 1779.
Sir, I have laid before my Council the matter relative to the claim
you mention the Natives have to this part of the Country, but they be-
ing in some Measure unacquainted with the Justice of their Claim,
thought it most proper that a Matter of such consequence should be
Laid before the General Assembly of this State at their next Sessions,
on the second thursday of November [October] next to be held at Man-
chester, at which Time & place you probably can have an opportunity
to exhibit their Claim, & in the mean Time. I am Sir your
Humble Servant,
THOMAS CHITTENDEN.
ARLINGTON July 29, 1779.¹
STATE OF VERMONT. IN COUNCIL. (
The Council having taken into Consideration the Petition of Abel
Spencer, Joseph Randall, & Abraham Stewart, praying that part of a
'From the Record of the Board of War:
BOARD OF WAR, Arlington 29th July 1779.
Two Letters from Capt. Thomas Sawyer commanding the post at
Rutland dated 26th & 27th instant request assistance in Guarding the
frontier inhabitants of this State, and a Letter and Petition from the
Inhabitants of sª Rutland of the 27th instant of the same purport was
read:
Whereupon Resolved that fifty able bodied effective Men be immedi-
ately enlisted as Volunteers to serve in guarding the frontier inhabitants
of this State and to continue in service until the sixteenth day of No-
vember next unless sooner discharged, and that each such man be al-
lowed Eighty pounds Bounty (thirty ou entering the service and fifty
when discharged) and three pounds pr. month in addition to the Conti-
nental pay.
Resolved that the above fifty men be Commanded by one Captain and
two Lieuts. and that the Capt be allowed in addition to the Continental
Pay and for recruiting money the sum of three hundred pounds, and
that each Lieut. be allowed for the above purpose two hundred pounds,
and that they receive each one hundred pounds on his engaging, and the
remainder on their being discharged.*
Board of WAR, Arlington, 29th July 1779.
Sir,—Yours of the 26th and 27th instant Pr. Lieutenant Post together
with a Letter from a No. of the Inhabitants of the town of Rutland I
have laid before this Board, in consequence of which the board have or-
dered one Company of Rangers to be forthwith Raised consisting of fifty
able bodied Volunteers exclusive of Commissioned officers to be sent to
your immediate assistance, who are to continue in service till the 15th
of November next, and in the mean time (while this Company is a Rais-
* Aug. 1, 1779, $1,200 in lawful money were required to equal 100
Spanish milled dollars $12 for $1.-State Papers, p. 430.
Governor and Council-July, 1779.
307
fine laid on them (severally) of one thousand pounds by the Superiour
Court might be relinquished, did thereupon Resolve that five hundred
pounds be relinquished of said fines.
By order of Council,
JONAS FAY, Sec'y. P. Tem.
IN COUNCIL, Arlington 31t July 1779.
Resolved that the Honorable Jonas Fay & Paul Spooner Esquires, two
of the agents appointed by the General Assembly of this State at their
session in February last to Transact the Political business of this State
ing) measures are adopted (which the Board conceive) will be sufficient
to secure the Inhabitants on the frontiers. You will Communicate this
to the Inhabitants of Rutland &c. and let them know that nothing shall
at any time be wanting (in the power of this Board) to render their sit-
uation as secure as the nature of the ground will admit.
THOMAS CHITTENDEN.
I am Sir your humble Servant,
To Capt. Thomas Sawyer.
BOARD OF WAR, Arlington, 30th July 1779.
Sir,-In consequence of repeated applications to this Board by the dis-
tressed inhabitants of the Northern frontiers, and the present attempts
of our Enemy to distroy them, you are hereby required to raise as many
Volunteers as you can within your Regiment immeadiately, properly
officered, well armed and accoutred, with six days provisions each, and
hold them in readiness to join Colº. Sam¹ Herrick with a part of his Re-
giment, and to March with him to Lake Champlain to secure or distroy
the Wheat now standing contiguous to Sa Lake, and to follow such other
orders and directions as you shall receive from time to time from this
Board or Col. Herrick. Provisions will be sent you afterward for your
supply, and ammunition.
By order of the Board,
Colo. Gideon Warren.
JONAS FAY, Sec`y· P. T.
Similar orders were issued to Colo. Herrick at the same time for the
the same purpose.
BOARD OF WAR, Arlington, 30th July 1779.
Resolved, that Twenty six able bodied effective men of the Militia of
this State be raised, properly officered and marched to the post at Rut-
land by the 15th day of August next, to be on that day delivered to the
Commanding officer of that post, to continue in service two months un-
less sooner discharged.
That Colo. Fletcher furnish for the above purpose,
Colo. Herrick,
Colo. Marsh,
Colo. Warren,
Colo. Olcott,
Privates.
6
6
6
5
3
BOARD OF WAR, Arlington 30th July 1779.
S”, —Pursuant to a resolution of the Board of War, you are hereby re-
quired to raise five able bodied effective men of your Regiment, and
order them marched to the Post at Rutland, and delivered to the Com-
manding officer there on the fifteenth day of August next, who are to
continue in service in guarding the Frontiers two months unless sooner
discharged, and make return of your doings hereon to this Board as
soon as may be.
By order of the Board,
JONAS FAY, Sec'y. P. Tem.
[No address on the record. It should have been to Col. Warren.]
308
Governor and Council-July 1779.
with the Honorable the Congress of the United States of America, be &
they are hereby instructed to repair to that Honble Board as soon as may
be and request Copies of such Letters and the Resolutions had thereon
in Congress (which relate to the affairs of this State) as they or cither
Similar orders agreeable to the above Proportion was issued to the
other Colos. at the same time and for the same purpose.
ARLINGTON, 30th July 1779.
Sir,-Pursuant to a Resolution of the Board of War, you are hereby
required to raise six [five, see resolution above,] able bodied effective
men of your Regiment, and order them marched to the Post at Rutland
and delivered to the Commanding officer there on the fifteenth day of
August, who are to continue in Service in guarding the frontiers two
months unless sooner discharged, and make return of your doings hereon
to this board as soon as may be.
By order of the Board,
Colº· Gideon Warren.
JONAS FAY, Sec'y. P. Tem.
[This was of course intended for one of the three colonels who was to
furnish six men.]
•
·
ARLINGTON, 30th July 1779.
Gentlemen, The Board of War having taken into consideration the
important matters contained in yours of yesterday, together with repre-
sentations they had previously received from the Inhabitants of the
frontiers, and by M Fay who is present, have come to the following res-
olutions, (viz.) that Colo. Sam Herrick be required to raise as many
volunteers as he and the principal officers of his Regiment shall judge
necessary for Defeating the diabolical designs of the present encroach-
ments of the Enemy on the Northern frontiers, and to either secure or
destroy the Grain now on the Ground near Lake Champlain, and that
the sd expedition be carried into execution with the utmost secresy and
dispatch.
Resolved that Colº. Gideon Warren be required forthwith to raise as
many Volunteers as possible within his Regiment to join Cole. Her-
rick's, and act in conjunction with him in executing the above resolu-
tion.
The necessary orders are issued to the officers of the Militia to carry
the above Resolves into Execution. Relying on your engagements to fur-
nish them with every necessary supply for that purpose,
I am Gentlemen with sentiments of Esteem
your obt. humble servant,
Mr. Isaac Tichenor & others.*
THOMS. CHITTENDEN.
BOARD OF WAR, Arlington, 30th of July 1779.
Sir,-You are hereby directed to issue your order to the several Field
officers commanding the several Regiments of Millitia within this State
to see that their men be well armed and every way Equipd. and that
they hold themselves in Readiness to march at a minutes warning for
the defence of the frontiers of this State.
By order of the Board,
Brigadier Gen' [Ethan] Allen.
JONAS FAY, Sec'y. P. T.
* Gov. TICHENOR was at that time an assistant to the deputy commis-
sary-general of purchases for the northern department of the continen-
tal army, his field of service covering a large part of New England.
His residence was at Bennington, when not officially engaged, from
June, 1777.-Early History, p. 471.
Governor and Council-July 1779.
309
of them may Judge Necessary, and they are further to request a Copy
of the report of the Committee appointed by Congress the first day of
June last "to repair to the inhabitants of a certain district known by the
name of the New Hampshire Grants,” and to transact any other busi-
ness that concerns this State which they may find necessary.
By order of the Governor & Council,
JOSEPH FAY, Sec'y.¹
The following resolution was not entered in the record of the Gover-
nor and Council. It was given in H. Hall's Early History, p. 303, from
the pamphlet which was printed by order of the resolution:
STATE OF VERMONT. IN COUNCIL, Arlington, 23d of August, 1779.
Resolved, that the following Vindication be forthwith published, and
that a Number of the Pamphlets be sent to the Congress of the United
States, and to the General Assembly of every of these States; and that a
Number be likewise sent to the Generals and other principal Officers of
the Continental Army, for their Consideration.
Per order of the Governor and Council,
JOSEPH FAY, Sec'ry.²
¹From the Record of the Board of War:
ARLINGTON, 6th August 1779.
Sir, The Board of War having resolved to raise by inlistment fifty
able bodied effective men as a Company of Rangers to guard the fron-
tiers untill the sixteenth day of November next unless the circumstances
of the War should admit of their being sooner discharged; that each
non-Commissioned officer and Soldier be allowed three pounds pr. month
in addition to his Continental Pay; that the Captain be allowed in addi-
tion to his Continental Pay and for recruiting money the sum of Three
hundred Pounds, [and] the Lieutenants Two Hundred Pounds each:
you are appointed by the Board to Command the Company & Lt. Spen-
cer of Bennington first Lieutenant, who has accepted it, is left with you
to nominate your other officers. I desire you to repair immediately to
me to Receive the necessary orders for yourself & them, at which time
you will be made acquainted with the manner of Payments both for the
officers and eighty pounds Bounty to each non-Commissioned officer and
soldier.
I am Sir your humble Servt,
Capt. Parmerly Allen.
THOS. CHITTENDEN.
P. S.-I earnestly desire you to accept of this appointment, but if any
extraordinary matter should prevent it, you will acquaint the bearer
therewith that another might be appointed without loss of time.
2
By a resolution of the Assembly of Oct. 21, 1779, Ira Allen was ap-
pointed to visit the Assemblies of New Jersey, Pennsylvania, Delaware,
and Maryland, and to transmit to them copies of the above named
Vindication. The printed arguments of Ethan Allen, and the per-
sonal appeals of Ira, availed much. In a list of the states for and against
Vermont, made by James Madison on the first of May 1782, each of
these states, (with Connecticut, Massachusetts, and Rhode Island,) was
counted for Vermont.-See Vt. Hist. Soc. Coll., vol. 11, p. 268. For a
copy of the Vindication, see Appendix I.
APPENDIX.
J
1.
?
I
APPENDIX A, No. 1.
PROCEEDINGS OF THE "CONGRESS
"" AND "COMMITTEES
OF SAFETY" FOR CUMBERLAND COUNTY.
JUNE 1774 TO SEPTEMBER 1777.
THE first uprising in the New Hampshire Grants against “the land-
jobbers of New York" was mainly in Western Vermont; and as the
state government originated in that uprising, and was, for the most part,
the work of Chittenden, the Allens, the Fays, and the Robinsons, all of
whom resided west of the Green Mountains, their acts have figured most
largely in all histories of the state. Eastern Vermont was nominally
under the jurisdiction of New York, and for many years a majority at
least of the leading men in that section were content to submit to it.
But it should be remembered that while these men were "Yorkers," in
the phrase of their day, most were also whigs, and, getting rid of the tories,
they ultimately united heartily with the western whigs in establishing
Vermont as an independent state. The records of their acts therefore are
part of the history of the state, and justly demand recognition and pres-
ervation. These records, so far as they are obtainable, are now gath-
ered and published, some of them from the original minutes. These
originals constitute what are called "THE PINGRY PAPERS," which seem
to have been preserved mainly by SIMON STEVENS of Springfield, and
are now in the possession of the Hon. WM. M. PINGRY of Perkinsville,
The fact should be noted that for twenty years after settlements to
any considerable extent had been made in what is now the territory of
Vermont, the eastern half contained much the largest part of the popu-
lation. Dr. Samuel Williams estimated the population of Cumberland
and Gloucester counties, [Windham, Windsor, and Orange,] to be in
1771 about two thirds of the people in the whole territory; and in 1791
the number on the east side was 43,970, and on the west side 41,569.-
Williams's Vermont, vol 2, p. 478.
22
314
Appendix A, No. 1.
to whom the editor of this volume is greatly indebted for their use.
Copies of these, with other interesting papers, have been furnished by
Hon. JAMES H. PHELPS of West Townshend, to whom the Vermont
Historical Society and the State are under obligations for important con-
tributions to the history of Vermout in its early days. To B. H. HALL,
Esq., author of the History of Eastern Vermont, credit is also due for
citations, references, and statements which have been very useful. Al-
though the source of each important paper is indicated as given, a par-
ticular acknowledgment to these gentlemen, in this form, is justly due.
MEETINGS IN 1774.
CONVENTIONS.
1
May 16, 1774, a committee of correspondence, consisting of fifty mem-
bers, was formed in the city of New York for the purpose of eliciting
the sentiments of the people of the respective provinces, and particu-
larly of New York, on the measures of the mother country in respect to
her American colonies. Of this committee Isaac Low was chairman.
Two days before he was confirmed in that office, he addressed the super-
visors of Cumberland county, May 21, 1774, asking information as to the
sentiments of the people. The supervisors met in June, but took no ac-
tion on this letter, and in fact endeavored to conceal it. By accident,
Doct. Reuben Jones of Rockingham and Capt. Azariah Wright of West-
minster heard of it, and immediately notified their towns, when a meet-
¹ ISAAC LOW was a leading merchant in New York, and in 1774 a very
ardent whig, having been appointed chairman of the committee of cor-
respondence, May 23, 1774. "Let us," he wrote in an appeal to the peo-
ple, as chairman, "with the brave Romans, consider our ancestors and
our offspring. Let us follow the example of the former, and set an ex-
ample to the latter. Let us not be like the sluggish people, who through
a love of ease 'bowed themselves and became servants to tribute,' and
whom the inspired prophet, their father, justly compared to asses. Had
I the voice which could be heard from Canada to Florida, I would ad-
dress the Americans in the language of the Roman patriot." He was a
member of the first Continental Congress, and also of the New York
provincial Congress in 1775. But notwithstanding his ardor as a whig,
and these high positions, he was wealthy, and, probably to save his prop-
erty, he became a loyalist when the British army controlled New York.
In 1782, when Sir Guy Carleton occupied the city, Low was President
of the New York Chamber of Commerce. The whig government of the
State, however, attainted him and confiscated his property, when he
went to England, where he died in 1791. His brother NICHOLAS Low
was a firm and honored whig through the struggle.-Sabine's Loyal-
ists of the American Revolution.
2 Doct. REUBEN JONES of Rockingham, afterward of Chester, was
among the earliest and most ardent of the whigs of Cumberland County.
Appendix A, No. 1.
315
ing was held and a committee appointed in each of those towns to wait
upon the supervisors at their September session and inquire whether
any papers had been received which ought to be laid before the several
towns of the county. The supervisors, with many excuses for their
delay, produced Low's letter, when a copy of it was sent to each town,
and a County Convention was called to meet at Westminster on the 19th
of October. In response, on application of four inhabitants, Col. Thom-
as Chandler, clerk of Chester, called a meeting of the freemen of that
town, which was held on the 10th of October and appointed a commit-
tee of five to join the County Committee for the purpose of preparing a
report to be sent to the New York Committee of Correspondence. The
proceedings of that meeting, which are entitled to the honor of being the
first recorded, were as follows-a literal copy from the record:
Request
for a
Town
Meeting
CHESTER TOWN MEETING, OCT. 10, 1774.
October 34 1774.
We the Subscribers Inhabitants of the Town
of Chester Desire Colo. Thomas Chandler as Clerk
of the Town Aforesaid to Call a Town meeting to
know the minds of the People, Wither they are
Willing to Choose a Comitee to make Report to sd Comtee
of Correspondence and Whither the People
will Stand for the Priviledges of North America
or Wither they are Willing to Consent to Re-
ceive the Late Acts of Parliament as Just
He was very active in stirring up the people to arrest the loyal court
after the Westminster massacre, riding express and hatless to Dum-
merston on this errand; and it is from his pen we have the full account
of that affair in the “Relation" published hereinafter. He was also an ar-
dent supporter of the independence of Vermout, serving efficiently in each
Convention, beginning with that of Sept. 25, 1776, and officiating as Secre-
tary in some of them. He represented Rockingham in the General
Assembly four years, beginning with the first Legislature, and Chester
one year. In his last years he was embarrassed by poverty, and driven
to and fro between Vermont and New Hampshire to escape jail. On
one occasion while under arrest, the popular sympathy was so strong for
him as to force his releasement, for which he with two friends was in-
dicted in Windsor County court.-See B. H. Hall's Eastern Vermont.
Capt. AZARIAH WRIGHT served in John Burk's Company in the
old French war, and in 1757 was stationed at Hinsdale's fort. In
1770 he was captain of militia in Westminster, and a leading whig in 1774.
On the Westminster massacre in March 1775, he was very efficient with
his company in arresting the leaders of the court party and dispersing
their adherents. In 1778 he with twelve men went to Quebec. In 1779
he was greatly offended because Thomas Chandler jr. was speaker of the
Vermont Assembly, and wrote two queer letters to the Governor and
Council and Assembly, which caused the resignation of Chandler.-See
B. H. Hall's Eastern Vermont for details as to both Jones and Wright.
316
Appendix A, No. 1.
Warrant
or
Notific
tion
Meeting
opned
1
2
Mode-
rator.
or Wither they view them as unjust,
Oppressive and unconstitutional, and
to act as they think proper, and we
Desire the meeting to be Called as Soon as
Possible.
Chester October 3d 1774
George Earl, David Hutchinson, Willm.
Atwood, Jonathan Tarbell.¹
Agreeable to the above Request
I hereby Notify the Inhabitants of
Chester to meet at the House of Mr.
Jonathan Tarbel in s Chester on Monday
the Tenth Day of October Instant at
Two of the Clock in the Afternoon then and
there to Act on the Articles mentioned in
the Request, if they See Cause given under
my hand in Chester this Third Day
of Octor A D 1774
Tho Chandler Supervisor
& Clerk.
At a meeting of the Inhabitants of the
Town of Chester Duly Notified and meet at
the usuall place of Meeting Octor. 10th 1774
Thos. Chandler Esqr Chosen Moderator
Voted that Thomas Chandler Jun¹, Timo Olcott,
Moses Gile, John Smith, and John Grout
be a Comtee to Joyn with the County Comtee to make
Report to sa Comtee of Correspondence in the
Metropelous of this Province
At said meeting Resolved
first That the People of America are
Naturally Intitled to all the Priviledges of
Free Borne Subjects of Great Britain, which
Privileges they have Never Forfeited.
2ly Resolved that Every Mans Estate Honestly
Acquired is his Own and no person on Earth
¹ GEORGE EARL was one of the jury of inquest to inquire into the
death of William French, which sat at Westminster March 15, 1775;
captain of the Chester company of militia, Aug. 15, 1775; and a member
for Chester of the Cumberland County Committee of Safety in 1776. In
the last capacity, he united with six other members in a protest, Nov. 7,
1776, against further proceeding, as a committee, because the action of
the majority was Repugnant to the resolves of the Honble Continental
Congress." The matter was compromised, and the protestants resumed
their seats; but their protest stands as proof of their fidelity as patriots.
-JONATHAN TARBELL was first lieutenant in Earl's company.-See
B. H. Hall's Eastern Vermont; also record of Cumberland County Com-
mittee of Safety, Nov. 5-9, 1776, post.
66
Appendix A, No. 1.
317
Co
3
4
has A Right to take it Away without the
Proprietor Consent unless he forfeit it by
Some Crime of his Committing
3ly Resolved that all Acts of the British
Parliament Tending to take Away or
Abridge these Rights Ought not to be
Obeyed
4ly Resolved, that the People of this Town
will Joyn with their Fellow American Subjects
in Opposing in all Lawfull ways Every In-
croachment on their Natural Rights
Then the meeting was Desolved
Test Tho Chandler Moderator
Entered pr Tho Chandler Clerk.
CHESTER, April 29th, 1873.
A True Copy of Record,
CHAS. ROBBINS, Town Clerk.
FIRST CUMBERLAND COUNTY CONVENTION, OCT. 19, 1774.
The County Convention, which had been called to meet at Westmins-
ter on the 19th of October 1774, met on that day and was in session two
days. The following is its record, which was published for the first time
in Holt's New York Journal in June 1775.
[From American Archives, Fourth Series, vol. II, 1775, Cols. 1065–1066.]
At a meeting of the Committees from a number of Townships in the
County of Cumberland and Province of New-York, held in the County
Hall, at Westminster, on the 19th and 20th of October, 1774, to consider
a Letter very lately received from Mr. Isaac Low, chairman of the Com-
mittee of Còrrespendence of New-York, dated May 21st, 1774, to con-
sult on measures proper to be taken at this important day: present,
eighteen Delegates from twelve Towns.'
Colonel JOIN HAZELTINE, chosen Chairman.
After having read Mr. Chairman Low's Letter, and the Act of the
British Parliament in laying a duty or tax on Tea, for the purpose of
¹Only seven of these towns can be named with certainty, and these
are ascertained from the names of delegates mentioned in the proceed-
ings. These are Townshend, Chester, Hartland, Westminster, Halifax,
Marlborough, and Woodstock.
2 JOHN HAZELTINE came to Townshend from Upton, Mass., soon after
the first settlement in 1761, and was a prominent man in the town and
county, often called to preside in public meetings. His patriotism was
of an ardent and energetic sort, and won for him the title of "KING
HAZELTINE," from John Grout, who was so notorious in the state as a
tory and pestilent fellow as to secure his banishment by the act of Feb.
26, 1779. The whigs of the county esteemed Mr. Hazeltine highly, as
318
Appendix A, No. 1.
raising a revenue in America, the Boston Port Bill, so called, and divers
other late Acts of the British Parliament; sundry debates being had
thereon,
Voted, That John Grout, Esquire, [of Chester,] Mr. Joshua Webb. [of
Westminster,] Doctor Paul Spooner, [of Hertford, now Hartland.] Mr.
Edward Harris, [of Halifax,] and Major William Williams, [of Marlbo-
rough,] be a Committee to take into consideration the aforesaid Letter,
and divers aforesaid Acts, and report to this meeting. Who reported as
follows:
This County being in its infant state, contending with the hardships.
of subduing the wilderness, and converting it into fruitful fields, being
situated here in a corner, at a considerable remove from the populous,
civilized parts of the Country, conceive they, by their own experience,
in a small degree feel the sufferings of their ancestors.
The first planters in America endured hunger, cold, and other dis-
tresses, until they, by their arduous industry, found suitable relief from
their bountiful fields and their own expenses; and as the people of this
County were chiefly born in some one or other of the New England
Provinces, and conceive them to be at least as loyal to the King as any
subjects he can boast of, are surprised to find, by the late Acts of Parlia-
ment, that all Americans are deprived of that great right of calling that
their own, which they by their industry have honestly acquired; are sur-
prised to find a power arise in Britain, which, with impunity say, they
have a right to bind the Colonies in all cases whatsoever, and attempt
to exercise that authority, by taking, at their pleasure, the properties of
the King's American subjects without their consent, especially since
some of the former Kings of Great Britain by charter granted to their
subjects in New England, their heirs, and assigns, and all others who
should settle within certain boundaries, divided into Colonies, all the
liberties and Privileges of natural free-born subjects of England; yet,
notwithstanding this, that such a power should arise under the mere in-
spection of the King, unrebuked, to claim all American property, and
actually to take as niuch as they please, in direct breach of the solemn
compact between a former King, on his part, and his successors, made
with the first planters of these Colonies, and others that after should be
born among them, or join them, or be born on the seas when going
thither; and we do not conceive those whose rights are as aforesaid sol-
emnly declared, are more sacred in respect of the security of their prop-
erty, than the right of this and other Colonies whose rights are only
natural as British subjects; for he who has nothing but what another has
power at pleasure lawfully to take away from, has nothing that he can
call his own, and is, in the fullest sense of the word, a slave-a slave to
him who has such power; and as no part of British America stipulated
was evinced on various occasions, but especially in selecting him as the
person to whom bonds with security were given by sundry of the per-
sons who had been arrested for participation in the "Westminster mas-
sacre." Col. Hazeltine was appointed a delegate from Cumberland
county to the Provincial Congress and Convention of New York, May
23, 1775. He attended, but remained only three days. His name ap-
pears in Deming's Catalogue as representative of Townshend in the
Vermont Assembly in 1791, '94 and '95.-See B. H. Hall's Eastern Ver-
mont.
'See preceding note.
Appendix A, No. 1.
319
to settle as slaves, the privileges of British subjects are their privileges,
and whoever endeavours to deprive them of their privileges is guilty of
treason against the Americans, as well as the British Constitution.
Therefore Resolved,
I. That as true and loyal subjects of our gracious Sovereign, King
George the Third of Great Britain, &c., we will spend our lives and for-
tunes in his service.
II.
That as we will defend our King while he reigns over us, his sub-
jects, and wish his reign may be long and glorious, so we will defend
our just rights, as British subjects, against every power that shall at-
tempt to deprive us of them, while breath is in our nostrils, and blood
in our veins.
III. That considering the late Acts of the British Parliament for
blocking up the port of Boston, &c., which we view as arbitrary and un-
just, inasmuch as the Parliament have sentenced them unheard, and
dispensed with all the modes of law and justice which we think neces-
sary to distinguish between lawfully obtaining right for property injured,
and arbitrarily enforcing to comply with their will, (be it right or wrong,)
we resolve to assist the people of Boston in the defence of their liberties
to the utmost of our abilities.
IV. Sensible that the strength of our opposition to the late Acts con-
sists in a uniform, manly, steady, and determined mode of procedure, we
will bear testimony against and discourage all riotous, tumultuous, and
unnecessary mobs which tend to injure the persons or properties of
harmless individuals; but endeavour to treat those persons whose abom-
inable principles and actions show them to be enemies to American lib-
erty, as loathesome animals not fit to be touched or to have any society
or connection with.
V.
Resolved, That we choose a Committee to correspond with the
other Committees of Correspondence of this Province and elsewhere, and
that Mr. Joshua Webb, John Grout, Esquire, Deacon John Sessions, [of
Westminster,] Major William Williams, and Captain Jacob [Joab] Hois-
ington, [of Woodstock,] be a Committee as aforesaid.
VI. Resolved, That the thanks of this Committee be given to the Com-
mittee of Correspondence in the capital of this Province, for the notice
they have taken of this infant County.
VII. Resolved, That Mr. Chairman forward these Resolves to Mr. Low,
Chairman of the Committee of Correspondence at New-York, and com-
municate to him by Letter the reasons why his Letter to the Supervis-
ors of this County was answered no sooner.
VIII.
Resolved, That Colonel Hazeltine, the Chairman, have the thanks
of this Committee for his good services as Chairman.
The above Report being divers times read, paragraph by paragraph,
Voted, nemine contradicente, That the same be accepted as the sense of
this meeting, and as their Resolves.
By order of the Convention :
JOHN HAZELTINE, Chairman.
DUMMERSTON TOWN MEETING, OCT. 29, 1774.
The next in the order of revolutionary events in Cumberland County,
was a meeting of a majority of the inhabitants of Dummerston, occa-
sioned by the imprisonment, on the preceding day, of one of the boldest
and most ardent whigs of that town,-Lieut. LEONARD SPALDING,¹ who
1
¹ See ante p. 154 for notice of Mr. Spaulding.
320
Appendix A, No. 1.
was charged with treason. The official account is as follows, as copied
from the records of Dummerston by B. H. HALL:
•
1
On the 28th of October, A. Dom. 1774, Lieut. Leonard Spaulding of
the town of Fullham alias Dummerston, was Committed to the Common
goal for high treason against the British tyrant George the third, by the
direction of the infamous Crean Brush, his attorney, & Noah Sabin, Wil-
liam Willard, and Ephraim Ranney, Esqrs., and Wm. Paterson the high
Shreeve, and Benj. Gorton, and the infamous Bildad Easton, and his
Deputies upon which, on the following day, viz. October the 29th, a
majority of the inhabitants met near the house of Charles Davenport
on the green, and made Choice of Sundry persons to Serve as a Commit-
tee of Correspondancy to joyne with other towns or respectable bodies
of people, the better to secure and protect the rights and priveleges of
themselves and fellow-cretures from the raveges and imbarrassments of
the British tyrant, & his New York and other immesaries.
The persons made choice of were these, viz., Solomon Harvey, John
Butler, Jonathan Knight. Josial Boyden & Daniel Gates, by whose
vigilence & activity Mr. Spaulding was released from his Confinement
after about eleven days: the Committee finding it Necessary to be as-
sisted by a Large Concourse of their freeborn Neighbours and bretherin,
Consisting of the inhabitants of Dummerston, Putney, Guilford, Halifax
and Draper, [Wilmington,] who discovered a patriotic Zeal & true heroic
fortitude on the important occation. The plain truth is, that the brave
sons of freedom whose patience was worn out with the inhuman insults
of the imps of power, grew quite sick of diving after redress in a Legal
way, & finding that the Law was only made use of for the Emolument of
its Creatures & the immesaries of the British tyrant, resolved upon an
Easyer Method, and accordingly Opened the goal without Key or Lock-
picker, and after Congratulating Mr. Spaulding upon the recovery of his
freedom, Dispersed Every man in pease to his respective home or place
of abode. The afforgoing is a true and short relation of that Wicked
affair of the New York, Cut throatly, Jacobitish, High Church, Toretical
minions of George the third, the pope of Canada & tyrant of Britain.2
SECOND CUMBERLAND COUNTY CONVENTION, Nov. 30, 1774.
When the "non-importation, non-consumption, and non-exportation
association" adopted by Congress Oct. 20 1774, together with the ten
resolutions previously adopted, (which were declaratory of the rights of
the people of the colonies and accompanied by a summary of the wrongs
attempted by the British parliament,) became known, John Hazeltine,
by the advice of some of the leading men of the county, issued a circu-
lar dated Nov. 13, calling another convention to meet at Westminster
on the 30th of that month. On the 28th, the inhabitants of Chester met,
1
Jacob Laughton of Dummerston, born Sept. 10, 1760, was living in
1851, and informed B. H. Hall that "Lieut. Spaulding was a resolute
man," and that "it took three or four Yorkers to conquer him when he
was committed to the jail at Westminster."
2 Account entered by Doctor SOLOMON HARVEY in the records of
Dummerston. vol. 1, pp. 18-20.—See B. H. Hall's Eastern Vermont, pp.
200-203.
Appendix A, No. 1.
321
appointed two delegates to the proposed county convention, and instruct-
ed them to use their best endeavours to procure a vote of thanks to the
continental Congress "for their good services,” and an assurance that
the people of the county would "fully comply with their advice and res-
olutions." Their delegates were also directed to procure certain in-
structions to Samuel Wells and Crean Brush, the representatives of the
county in the New York legislature, one of which was to exert "their
best skill and wisdom" to choose deputies to represent New York in the
congress of the colonies called to meet at Philadelphia in the succeeding
month of May. On the same day the people of Dummerston also met,
adopted similar measures, and another which was particularly significant
of the earnest patriotism of the town: it was an order to the town asses-
sors, to “assess the town in a Discretionary sum of money, Sufficient to
procure 100 weight of gun powder, 200 weight of Lead and 300 flints, for
the town use." This tax was payable in “potash salts," and a commit-
tee was appointed to receive the salts.¹
The County Convention met at Westminster on the 30th pursuant to
the invitation, but only a summary of its proceedings has been preserved.
It is contained in "A Relation of the proceedings of the people of the
County of Cumberland, and Province of New York," dated Cumber-
land County March 23d 1775." The "Relation" is copied entire, post, in
connection with an account of the "Westminster Massacre.”
This account of the Convention of Nov. 30 1774 was as follows:
Immediately after [the convention of October 30 1774,], the people of
the county aforesaid received the resolves of the continental congress.
They called a county congress, and did adopt all the resolves of the con-
tinental congress as their resolves, promising religiously to adhere to
that agreement or association. There was a committee of inspection
moved for, to be chosen by the county, according to the second resolve
[11th article] of the association aforesaid: but being much spoken against
by a justice and an attorney, and looked upon by them as a childish,
impertinent thing, the delegates dared not choose one."3
1
¹ B. H. Hall's Eastern Vermont, p. 204, citing the manuscript records of
Chester and Dummerston.
2
The attorney was probably John Grout of Chester; the justice may
have been Samuel Wells of Brattleborough-both being tories.
3
The people of Dummerston were dissatisfied with the failure of the con-
vention in this important point, and in town meeting, Jan. 3, 1775, chose a
committee of inspection of seven persons, Docter Solomon Harvey at their
head, whose business it was to watch "the conduct of the inhabitants ;"
and also, as the acts of this committee demonstrated, to exclude tories or
negligent whigs from every public office. They removed from office two
of the town assessors, for refusing to execute the vote of the town as to
ammunition; disarmed a citizen who was supposed to be a tory; and
prevented another town officer from performing his official duties until
he by his conduct proved himself to be a whig. The example thus set
by Dummerston was generally adopted by other towns afterward.-See B.
H. Hall's Eastern Vermont, p. 205.
322
Appendix A, No. 1.
To this statement of the action of the meeting, B. H. Hall added, that
"the state of the county was then considered, as were also the inconven-
iences to which the inhabitants were subjected in collecting their dues
in the province of New Hampshire."-Eastern Vermont, p. 204.
The resolutions and articles of association of the continental Congress,
by adoption, became the all important part of the proceedings of this
Convention, as well as the best exponent of the prevailing sentiment of
the people of eastern Vermont at that day. They also show the intense
patriotism of the country at large, and the universal sympathy for the
persecuted and suffering inhabitants of Boston. They were these:
DECLARATION AND RESOLVES OF THE CONTINENTAL CONGRESS.
FRIDAY, October 14, 1774.
The Congress met according to adjournment, and resuming the sub-
ject under debate -made the following declaration and resolves :
Whereas, since the close of the last war, the British parliament, claim-
ing a power, of right, to bind the people of America by statutes in all
cases whatsoever, hath, in some acts, expressly imposed taxes on them,
and in others, under various pretences, but in fact for the purpose of
raising a revenue, hath imposed rates and duties payable in these colo-
nies, established a board of commissioners, with unconstitutional powers,
and extended the jurisdiction of courts of admiralty, not only for collect-
ing said duties, but for the trial of causes merely arising within the body
of a county:
And whereas, in consequence of other statutes, judges, who before held
only estates at will in their offices, have been made dependant on the
crown alone for their salaries, and standing armies kept in time of peace:
And whereas, it has lately been resolved in parliament, that by force of a
statute, made in the thirty-fifth year of the reign of King Henry the
eighth, colonists may be transported to England, and tried there upon
accusations for treasons and misprisions, or concealments of treasons
committed in the colonies, and by a late statute, such trials have been di-
rected in cases therein mentioned:
And whereas, in the last session of parliament, three statutes were
made: one entitled "An act to discontinue, in such manner and for such
time as are therein mentioned, the landing or discharging, lading, or
shipping of goods, wares and merchandize, at the town, and within the
harbour of Boston, in the province of Massachusetts-Bay, in North
America ;" another entitled An act for the better regulating the prov-
ince of Massachusetts-Bay in New England ;" and another entitled "An
act for the impartial administration of justice, in the cases of persons
questioned for any act done by them in the execution of the law, or for
the suppression of riots and tumults, in the province of the Massachu-
setts-Bay in New England ;" and another statute was then made, "for
making more effectual provision for the government of the province of
Quebec, &c." All which statutes are impolitic, unjust, and cruel, as well
as unconstitutional, and most dangerous and destructive of American
rights :
And whereas, assemblies have been frequently dissolved, contrary to
the rights of the people, when they attempted to deliberate on griev-
ances; and their dutiful, humble, loyal, and reasonable petitions to the
crown for redress, have been repeatedly treated with contempt by his
majesty's ministers of state :
:
!
Appendix A, No. 1.
323
The good people of the several colonies of New-Hampshire, Massa-
chusetts-Bay, Rhode-Island and Providence Plantations, Connecticut,
New-York, New-Jersey, Pennsylvania, New-Castle, Kent, and Sussex on
Delaware, Maryland, Virginia, North-Carolina, and South-Carolina,
justly alarmed at these arbitrary proceedings of parliament and adminis-
tration, have severally elected, constituted, and appointed deputies to
meet, and sit in general Congress, in the city of Philadelphia, in order to
obtain such establishment, as that their religion, laws, and liberties, may
not be subverted: Whereupon the deputies so appointed being now as-
sembled, in a full and free representation of these colonies, taking into
their most serious consideration, the best means of obtaining the ends
aforesaid, do, in the first place, as Englishmen, their ancestors in like
cases have usually done, for asserting and vindicating their rights and
liberties, DECLARE,
That the inhabitants of the English colonies in North America, by the
immutable laws of nature, the principles of the English constitution,
and the several charters or compacts, have the following RIGHTS:
Resolved, N. C. D. 1. That they are entitled to life, liberty, aud prop-
erty: and they have never ceded to any sovereign power whatever, a
right to dispose of either without their consent.
Resolved, N. C. D. 2. That our ancestors, who first settled these colo-
nies, were at the time of their emigration from the mother country, enti-
tled to all the rights, liberties, and immunities of free and natural born
subjects, within the realm of England.
Resolved, N. C. D. 3. That by such emigration they by no means for-
feited, surrendered, or lost any of those rights, but that they were, and
their descendants now are, entitled to the exercise and enjoyment of all
such of them, as their local and other circumstances enable them to ex-
ercise and enjoy.
Resolved, 4. That the foundation of English liberty, and of all free
government, is a right in the people to participate in their legislative
Council: and as the English Colonists are not represented, and from
their local and other circumstances, cannot properly be represented
in the British parliament, they are entitled to a free and exclusive power
of legislation in their several provincial legislatures, where their right
of representation can alone be preserved, in all cases of taxation and
internal polity, subject only to the negative of their sovereign, in such
manner as has been heretofore used and accustomed: But, from the ne-
cessity of the case, and a regard to the mutual interest of both countries,
we cheerfully consent to the operation of such acts of the British parlia-
ment, as are, bona fide, restrained to the regulation of our external com-
merce, for the purpose of securing the commercial advantages of the
whole empire to the mother country, and the commercial benefits of its
respective members; excluding every idea of taxation, internal or exter-
nal, for raising a revenue on the subjects, in America, without their
consent.¹
1 It will be observed that this resolution was not, as most were, unani-
mously adopted -“ N. C. D." There was a difference of opinion as to
the power of parliament to regulate trade, some holding that it should
have the power for "the mutual interest of both countries;" while some
objected, in the words of Mr. Gadsden of South Carolina, that "a right
of regulating trade is a right of legislation, and a right of legislation in
one case is a right in all.' The resolution, as above, in the last clause,
from the words "But, from the necessity of the case, and a regard to the
324
Appendix A, No. 1.
Resolved, N. C. D. 5. That the respective colonies are entitled to the
common law of England, and more especially to the great and inestima-
ble privilege of being tried by their peers of the vicinage, according to
the course of that law.
Resolved, 6. That they are entitled to the benefit of such of the Eng-
lish statutes, as existed at the time of their colonization, and which they
have, by experience, respectively found to be applicable to their several
local and other circumstances.
Resolved, N. C. D. 7.-That these, his majesty's colonies, are likewise
entitled to all the immunities and privileges granted and confirmed to
them by royal charters, or secured by their several codes of provincial
laws.
Resolved, N. C. D. S.-That they have a right peaceably to assemble,
consider of their grievances, and petition the King, and that all prose-
cutions, prohibitory proclamations, and commitments for the same, are
illegal.
Resolved, N. C. D. 9.-That the keeping a standing army in these colo-
nies, in times of peace, without the consent of the legislature of that
colony, in which such army is kept, is against law.
Resolved, N. C. D. 10.— It is indispensably necessary to good govern-
ment, and rendered essential by the English constitution, that the con-
stituent branches of the legislature be independent of each other; that,
therefore, the exercise of legislative power in several colonies, by a coun-
cil appointed, during pleasure, by the crown, is unconstitutional, danger-
ous and destructive to the freedom of American legislation.
All and each of which the aforesaid deputies, in behalf of themselves,
and their constituents, do claim, demand, and insist on, as their indubi-
table rights and liberties; which cannot be legally taken from them, al-
tered or abridged by any power whatever, without their own consent, by
their representatives in their several provincial legislatures.
In the course of our inquiry, we many find infringements and violations
of the foregoing rights, which from an ardent desire, that harmony and
mutual intercourse of affection and interest may be restored, we pass
over for the present, and proceed to state such acts and measures as have
been adopted since the last war [with France,] which demonstrate a
system formed to enslave America.
Resolved, N. C. D. That the following acts of parliament are infring-
ments and violations of the rights of the colonists, and that the repeal
of them is essentially necessary, in order to restore harmony between
Great Britain and American colonies, viz. [Here several acts are
specified, including those named in the preamble, and the objection-
able features of some them are stated, such as the establishment of the
Roman catholic religion by the Quebec bill, for example.]
Also, that the keeping a standing army in several of these colonies, in
time of peace, without the consent of the legislature of that colony, in
which such army is kept, is against law.
To these grievous acts and measures, Americans cannot submit, but
in hopes their fellow subjects in Great Britain will, on a revision of them,
restore us to the state, in which both countries found happiness and pros-
perity, we have for the present, only resolved to pursue the following
peaceable measures: 1. To enter into a non-importation, non-consump-
tion, and non-exportation agreement or association; 2. To prepare an
mutual interest of both countries," &c., was drawn by John Adams as a
compromise, and it was accepted; though it seems not with entire una-
nimity. See Bancroft's History of the United States, vol. VII, pp. 132–140.
―
Appendix A, No. 1.
325
address to the people of Great Britain and a memorial to the inhabitants
of British America; and, 3. To prepare a loyal address to his majesty,
agreeable to resolutions already entered into.
ARTICLES OF ASSOCIATION.
[IN CONGRESS,] THURSDAY, October 20, 1774.
The association being copied, was read and signed at the table, and is
as follows:
WE, his majesty's most loyal subjects, the delegates of the several
colonies of New-Hampshire, Massachusetts-Bay, Rhode-Island, Connec-
ticut, New-York, New-Jersey, Pennsylvania, the three lower Counties
of New-Castle, Kent and Sussex on Delaware, Maryland, Virginia,
North-Carolina, and South-Carolina, deputed to represent them in a con-
tinental Congress, held in the city of Philadelphia, on the fifth day of
September, 1774, avowing our allegiance to his majesty, our affection
and regard for our fellow-subjects in Great-Britain and elsewhere,
affected with the deepest anxiety, and most alarming apprehensions, at
those grievances and distresses, with which his majesty's American sub-
jects are oppressed; and having taken under our most serious delibera-
tion, the state of the whole continent, find, that the present unhappy
situation of our affairs is occasioned by a ruinous system of colony ad-
ministration, adopted by the British ministry about the year 1763, evi-
dently calculated for enslaving these colonies, and with them, the Brit-
ish empire. In prosecution of which system, various acts of parliament
have been passed, for raising a revenue in America, for depriving the
American subjects, in many instances, of the constitutional trial by jury,
exposing their lives to danger, by directing a new and illegal trial beyond
the seas, for crimes alleged to have been committed in America: And in
prosecution of the same system, several late, cruel, and oppressive acts
have been passed, respecting the town of Boston and the Massachusetts-
Bay, and also an act for extending the province of Quebec, [to the Ohio
and the Mississippi rivers, embracing the present states of Ohio, Mich-
igan, Indiana, Illinois, and Wisconsin,] so as to border on the western
frontier of these colonies, establishing an arbitrary government therein,
and discouraging the settlement of British subjects in that wide ex-
tended country; thus by the influence of civil principles and ancient
prejudices, to dispose the inhabitants to act with hostility against the
free Protestant colonies, whenever a wicked ministry shall chuse so to
direct them.
To obtain redress of these grievances, which threaten destruction to
the lives, liberty, and property of his majesty's subjects, in North Amer-
ica, we are of opinion, that a non-importation, non-consumption, and
non-exportation agreement, faithfully adhered to, will prove the most
speedy, effectual, and peaceable measure: And, therefore, we do for our-
selves, and the inhabitants of the several colonies, whom we represent,
firmly agree and associate, under the sacred ties of virtue, honor and
love of country, as follows:
First, That from and after the first day of December next, we will not
import, into British America, from Great-Britain or Ireland, any goods,
wares, or merchandize whatsoever, or from any other place, any
such goods, wares, and merchandize, as shall have been exported from
Great-Britain or Ireland; nor will we, after that day, import any East-
India tea from any part of the world; nor any molasses, syrups, paneles,
coffee, or pimento, from the British plantations or Dominica; nor wines
from Madeira, or the Western Islands; nor foreign indigo.
326
Appendix A, No. 1.
Second, We will neither import or purchase, any slave imported after
the first day of December next; after which time, we will wholly discon-
tinue the slave trade, and will neither be concerned in it ourselves, nor
will we hire our vessels, nor sell our commodities or manufactures to
those who are concerned in it.
Third, As a non-consumption agreement, strictly adhered to, will be
an effectual security for the observation of the non-importation, we as
above, solemnly agree and associate, that from this day, we will not pur-
chase or use any tea, imported on account of the East. India company or
any on which a duty hath been or shall be paid; and from and after the
first day of March next, we will not purchase or use any East-India tea
whatever; nor will we, nor shall any person for or under us, purchase
or use any of those goods, wares, or merchandize, we have agreed not to
import, which we shall know or have cause to suspect, were imported
after the first day of December, except such as come under the rules and
directions of the tenth article hereafter mentioned.
Fourth, The earnest desire we have not to injure our fellow-subjects
in Great-Britain, Ireland, or the West-Indies, induces us to suspend
a non-exportation, until the tenth day of September, 1775; at which
time if the said acts and parts of acts of the British parliament herein-
after mentioned are not repealed, we will not directly or indirectly, ex-
port any merchandise or commodity whatsoever to Great-Britain. Ireland
or the West-Indies, except rice to Europe.
Fifth, Such as are merchants, and use the British and Irish trade, will
give orders, as soon as possible, to their factors, agents, and correspon-
dents in Great-Britain and Ireland, not to ship any goods to them, on
any pretence whatsoever, as they cannot be received in America, and if
any merchant residing in Great-Britain or Ireland, shall directly or in-
directly ship any goods, wares or merchandise, for America, in order to
break the said non-importation agreement, or in any manner contravene
the same, on such unworthy conduct being well attested, it ought to be
made public; and on the same being so done, we will not, from thence-
forth, have any commercial connection with such merchant.
Sixth, That such as are owners of vessels will give positive orders to
their captains or masters, not to receive on board their vessels any goods
prohibited by the said non-importation agreement, on pain of immediate
dismission from their service.
Seventh, We will use our utmost endeavours to improve the breed of
sheep, and increase their number to the greatest extent; and to that
end, we will kill them as seldom as may be, especially those of the most
profitable kind; nor will we export any to the West-Indies or elsewhere,
and those of us who are or may become overstocked with, or can con-
veniently spare any sheep, will dispose of them to our neighbours, especi-
ally to the poorer sort, on moderate terms.
Eight, We will, in our several stations, encourage frugality, economy,
and industry, and promote agriculture, arts and manufactures of this
country, especially that of wool; and will discountenance and discourage
every species of extravagance and dissipation, especially all horse-racing.
and all kinds of gaming, cock fighting, exhibitions of shews, plays, and
other expensive diversions and entertainments; and on the death of any
relation or friend, none of us, or any of our families, will go into any fur-
ther mourning-dress, than a black crape or ribbon on the arm or hat, for
gentlemen, and a black ribbon and necklace for ladies, and we will dis-
continue the giving of gloves and scarves at funerals.
Ninth, Such as are venders of goods or merchandize will not take ad-
vantage of the scarcity of goods, that may be occasioned by this associa-
tion, but will sell the same at the rates we have been respectively
Appendix A, No. 1.
327
accustomed to do, for twelve months last past.-And if any vender of
goods or merchandize shall sell any such goods on higher terms, or shall,
in any manner, or by any device whatsoever, violate or depart from this
agreement, no person ought, nor will any of us deal with any such per-
son, or his or her factor or agent, at any time thereafter, for any com-
modity whatever.
Teuth, In case any merchant, trader, or other person, shall import any
goods or merchandize, after the first day of December, and before the
first day of February next, the same ought forthwith, at the election of
the owner, to be either re-shipped or delivered up to the committee of
the county or town, wherein they shall be imported, to be stored at the
risque of the importer, until the non-importation agreement shall cease,
or be sold under the direction of the committee aforesaid; and in the
last-mentioned case, the owner or owners of such goods shall be reim-
bursed out of the sales, the first cost and charges, the profit, if any, to be
applied towards relieving and employing such poor inhabitants of the
town of Boston, as are immediate sufferers by the Boston port-bill; and
a particular account of all goods so returned, stored, or sold, to be in-
serted in the public papers; and if any goods and merchandizes shall be
imported after the first day of February, the same ought forthwith to be
sent back again, without breaking any of the packages thereof.
Eleventh, That a committee be chosen in every county, city, and town,
by those who are qualified to vote for representatives in the legislature,
whose business it shall be attentively to observe, of all persons touching
this association; and when it shall be made to appear, to the satisfaction
of a majority of any such committee, that any person within the limits
of their appointment has violated this association, that such majority do
forthwith cause the truth of the case to be published in the gazette, to
the end that all such foes to the rights of British-America may be pub-
licly known, and universally contemned as the enemies of American lib-
erty; and thenceforth we respectively will break off all dealings with
him or her.
Twelfth, That the committee of correspondence, in the respective col-
onies, do frequently inspect the entries of their custom-houses, and in-
form each other, from time to time, of the true state thereof, and of
every other material circumstance that may occur relative to this as-
sociation.
Thirteenth, That all manufactures of this country be sold at reason-
able prices, so that no undue advantage be taken of a future scarcity of
goods.
Fourteenth, And we do further agree and resolve, that we will have
no trade, commerce, dealings or intercourse whatsoever, with any colony
or province, in North-America, which shall not accede to, or which shall
hereafter violate this association, but will hold them as unworthy of the
rights of freemen, and as inimical to the liberties of their country.
And we do solemnly bind ourselves, and our constituents, under the
ties aforesaid, to adhere to this association, until such parts of the several
acts of parliament, passed since the close of the last war, as impose or
continue duties on tea, wine, molasses, syrups, paneles, coffee, sugar, pi-
mento, indigo, foreign paper, glass, and painters' colours, imported into
America, and extend the powers of the admiralty courts beyond their
ancient limits, deprive the American subject of trial by jury, authorize
the judge's certificate to indemnify the prosecutor from damages, that he
might otherwise be liable to, from a trial by his peers, require oppres-
sive security from a claimant of ships or goods seized, before he shall be
allowed to defend his property, are repealed. And until that part of the
act of the 12 G. 3, ch. 24, entitled, "An act for the better securing his
328
Appendix A, No. 1.
majesty's dock-yards, magazines, ships, ammunition, and stores," by
which any persons charged with committing any of the offences therein
described, in America, may be tried in any shire or county within the
realm, is repealed-and until the four acts, passed the last session of par-
liament, viz. that for stopping the port and blocking up the harbour of
Boston-that for altering the charter and government of the Massachu-
setts-Bay - and that which is entitled, " An act for the better administra-
tion of justice, &c. ."--and that "For extending the limits of Quebec, &c.,"
are repealed. And we recommend it to the provincial conventions, and
to the committees in the respective colonies, to establish such farther
regulations as they may think proper, for carrying into execution this
association.
The foregoing association being determined upon by the Congress,
was ordered to be subscribed by the several members thereof; and there-
upon, we have hereunto set our respective names accordingly.
In Congress, Philadelphia, October 24 [1774.]
Signed,
PEYTON RANDOLPH, President.
Here follow the signatures of the delegates of each of the twelve
states which then composed the confederacy, the delegates of Georgia
not having taken their seats in Congress until Sept. 13, 1775.¹
MEETINGS IN 1775.
Jan. 30, 1775, warrants signed by John Hazeltine, chairman of the
previous county convention, were sent to the several towns in the coun-
ty, calling another convention at Westminster on the 7th of February,
which was responded to by twelve towns, and the convention met and
continued in session three days.
CUMBERLAND COUNTY CONVENTION, FEB. 7-9, 1774.
[From the PINGRY PAPERS, filed "Coppy of the Doings of the Congress-To be Communica-
to Springfield."]
At A Meeting of the Delagats of twelve Towns in the County of
Cumberland Convend Att Westminster and formª into a body Febuary
ye 7th 1775,
Journals of Congress, 1774-76, second edition, vol. 1, pp. 26–36, and
181. The editor chose to give these most important proceedings of the
first continental congress in full, for the reason that, while they became
a part of the history of Vermont by the action of the Convention at
Westminster, they never have been printed in any history or record of
the state, and are now known by only the few persons who have ex-
amined the journals of the continental congress. The sentiment of the
country in 1774 against the British government was far more unanimous
than at the later date, when many had begun to count the cost of rebell-
ion; and that sympathy for the persecuted people of Boston, which was
manifested in almost every form of personal sacrifice, has never been so
generously and spontaneously expressed by the whole country, unless it
was in the recent case of the city of Chicago. Vermont was not then in
a position to declare the sentiment of her people on the journals of Con-
gress, as other states did; but that sentiment was the same that pre-
vailed elsewhere, and was declared by the Convention at Westminster
at the time.
Appendix A, No. 1.
329
1stly Voted that John Hazelton be the Chareman to the Convention.
2ly that Doct. Paul Spooner be the Clerk.
3ly put to vote wheather the Convention advise to the Choise of field
officers and past in the negative.
4ly put to vote the Articul which provides an Apeal from a Justice
Court and past in the negative.
5ly this meeting is Ajorn to Mr. Nortons at Seven o clock this Eve-
ning.
6 Met According to ajornment.
2
7ly Ajorn to Deacon Ranneys to meet tomorrow morning Eight
o clock.
Sly Met Eight o clock According to Jorument.
9ly that this Convention Recomend it [to] their Constitutiants to chuse
a Man for their Supervisor at the next Anual meeting such as they
would chouse if they ware to send him to New york as their Assembly-
man; that so the Supervisors may select Two men out of their body,
such as they shall think most proper; which they the supervisors of the
County are desired to Return to their Constitutients for their Considera-
tion and approbation by a Regular vote when Called upon to Chouse As-
semblymen in said County.
10 Voted-That Joshua Webb Nathaniel Robertson [Robinson, used
both ways,] & Abijah Lovejoy of Westminster; Capt. Minerd of putney,
[Samuel Minott, Major Vt. militia in 1784;] Solomon Hervy of fullom,
[Fulham-Doct. Solomon Harvey of Dummerston;] Nathaniel Frinch
[French] of Brattleborough; W. Bollock, [Bullock,] Hezekiah Stowell
[of] Guilford; Lieut. Parterson of Hinsdall [Eleazer Patterson of Hins-
dale, now Vernon;] Edward Haries [Harris] of Halifax; Charles Phillps
[Phelps,] Capt. [Francis] Whitmore of Marlborough; Elijah Olvord
[of] Draper, [Elijah Alvord of Wilmington;] Sam Robertson of New-
fain; John Hazelton [Hazeltine,] & Sam Fletcher [of] Townshend;
Jeams Rogers [of] Kent [now Londonderry;] Moses Guild [of ] Chester;
Moses Wright, & Jonathan Burt [of ] Rockingham: Simon Stephens Esq:
Springfield; Hezekiah Grout & Oliver Rider [of] Wheathersfield; Ben-
jamin Wait [of] Windsor; Paul Spooner [of] Hertford [now Hartland;]
Esq. Burch [of] Heartford [Jonathân Burk;] Jacob Haselton [of] Wood-
stock; John Whinchester Daviee [of] phomfret, [John Winchester Dana
John Norton's tavern in the tory East Parish, "the Royal inn of the
village.”—See B. H. Hall's Eastern Vermont, pp. 221, 752.
* Deacon and Captain Ephraim Ranney's tavern was in the whig
West Parish See Eastern Vermont, pp. 148, 445, 752.
³ In the copy made by Judge JAMES H. PHELPS of Townshend, Jacob
Hoisington is written instead of Haselton of Woodstock. Joab Hoising-
ton was the first settler in Woodstock village, was elected first town-
clerk in May 1773, and built mills in that town in 1776.-Z. Thomp-
son's Vermont, Part III, 198. B. H. Hall names "Capt. Joab Hoisington
of Windsor" in 1774; but in a list of New York officers, Aug. 15, 1775,
gives the name of Capt. Joab Hoisington of Woodstock, who was ap-
pointed colonel of a regiment of minute men, Jan. 4, 1776, and Major
of Rangers, July 24, 1776.-See Eastern Vermont, pp. 200, 771, 772. It
is most probable that Joab Hoisington of Woodstock was the person
intended as one of the above Standing Committee of Correspondence,
for the additional reason that Windsor was represented by Benjamin
23
330
Appendix A, No. 1.
of Pomfret;] be a Standing Committee of Correspondence to Corres-
pond with the Committee of Correspondance for the City of Newyork;
and other Committees of Correspondance Elsewhere.'
11th. voted-That Col. John Hazelton be Chareman of the Committee
of Correspondance.
12th. voted that Doct. Paul Spooner, Joshua Webb, Abijah Lovejoy,
Solomon Hervey. and Capt. Whitmore Serve as Monitors to the Com-
mittee of correspondance to transfer All letters & All other Matters that
are of Consequence or inteligence to the chareman, Col. Hazelton.
13th. Voted that this meeting be ajorn to thursday the ninth Day
Eight Clock in the morning.
0
14th. Thursday, Met according to Ajornment.
15th. voted that in order to the better Calling Conventions for the fu-
ture, be it Ordered that on the Application of the Committee of three
towns to our chareman it be in his power to Call a Meeting of the Com-
mittee if he shall think proper, but on Application of five towns by their
Committees that then A Meeting shall be Called Emediately.
16th. voted that Col. Hazelton be impowerd to Call the County to-
gether, by way of their Delegates, on any important immergence, and he
is impowered Accordingly.
17th. Voted-That Charles Phlpes [Phelps] Esq & Doct. Solomon
Hervy [Harvey] be a Committee to prepair Extracts from the votes and
proceedings of this Congress for publication So far as they Refer to the
publick, with some References to the former proceedings of the like
Nature.
18th. Voted that Doct. Solomon Hervy Shall in the Absence of the
Clerk Make use of the Clerks Name in any matter or thing that shall be
thought nesessary Relative to this Convention.
19th. voted that this Convention Return their Sinsear thanks to the
Chareman & the Clerk for their Good Services.
20th. that this meeting be ajoirnd without Day, & it was ajoirud Ac-
cordingly.
Coppy, Col. JOHN HAZELTON, Chareman.
THE WESTMINSTER MASSACRE.
The next Convention in eastern Vermont grew out of the so called
Westminster massacre, which was improved as a means of turning pub-
Wait. Ebenezer Hoisington represented Windsor in the Dorset Conven-
tion of Sept. 25, 1770, the Westminster Conventions of October 30,
1776, andJanuary 15, 1777, and the Windsor Convention of June 4, 1777.
¹B. H. Hall gives the names of the gentlemen composing that com-
mittee as being the delegates present in the Convention; but it will be
seen that the committee represents twenty-one towns, whereas only
twelve were represented in the Convention.
2 Ira Allen characterized the killing of WILLIAM FRENCII and DANIEL
HOUGHTON as "that odious and never to be forgotten massacre.” In
"Vermont's Appeal," by Hon. Stephen Row Bradley of Westminster, it
was charged as "shedding innocent blood;" and six years after the affray,
citizens of Rockingham, in a petition to the General Assembly, described
it as "the shedding the first Blood that was shed in America to support
Brittanic Government, at the Horrid and Never to be for Got Massacre
Appendix A, No. 1.
331
1
lic opinion in that section of the state against New York, whose officers,
it was charged, were responsible for the shedding of innocent blood at
Westminster on the 13th of March, 1775. The facts of the case may
therefore fitly find a place here, in advance of the record of the Conven-
tion. In the American Archives, fourth series, vol. II, 1775, columns
214–15, is au account of the affair, which was published in New York
city, in Holt's New York Journal, on the 23d of March, 1775. It is the
tory account, as is sufficiently evident from the fact that the guilt of the
first deliberate attempt to shed blood is charged upon the whigs. It de-
clares that, by the sheriff's and court's party, "three guns were fired over
the door in hopes the rioters would be intimidated and retire; but so de-
termined were they in the undertaking, that the fire was immediately re-
turned from the Court House," &c. It should be remembered that the
court house was not in use by the court on the 13th, the 14th being court-
day; and therefore that on the 13th the whigs were simply trespassers.
This, with an intention to prevent the session of the court on the next
day, was all that could reasonably be charged against them. In that view
of the matter, it became essential to show that the whigs fired first upon
sheriff Patterson and his posse, in order to justify to public opinion the
subsequent killing of French and Houghton; and this point the tory
account attempted to make, by alleging that the posse first "fired over
the door," when the whigs fired upon them. This important point is not
sustained by the official account made on the 14th by the judges and
other officers of the court, which puts the firing of the posse first, and
does not claim that they "fired over the door." It is flatly contradicted
by the account prepared by a committee appointed by the whigs, many
of whom were present at the time. This was signed by Doct. REUBEN
JONES, who was their clerk, and a reputable man. Speaking for the
whigs, who occupied the court-house, they said: "We, in the house,
had not any weapons of war among us, and were determined that they
[the sheriff and his posse] should not come in with their weapons of war,
except by the force of them." In addition to this, B. II. HALL has
given the testimony of THEOPHILUS CRAWFORD, that "the whigs had
not so much as a pistol among them;" of CALVIN WEBB, that "the lib-
erty men had no guns when they first came, but after French was killed,
they went home and got them ;" and of SALMON WRIGHT,—a boy of
twelve or thirteen at the time, who was present at the funeral of French-
"that there were no arms carried by the liberty party, except clubs,
which were obtained by the Rockingham Company at my grandfather's
[Capt. AZARIAH WRIGHT'S] Wood-pile. There were no Tories wounded,
Committed at Westminster Cortt House on the Night of the 13th of
March, 1775.” - See Eastern Vermont, p. 750. The affair at Lexington
and Concord, Mass., did not occur until the succeeding month of April.
¹ It was expected this would be effected by petition, without violence.
-See the "Relation" by Reuben Jones.
332
Appendix A, No. 1.
66
save those knocked down by the club of PHILLIP SAFFORD." Again,
in reference to the tory statements, he said : they are all fudge! that
there were no weapons carried or used by the liberty men, except the
above-mentioned clubs. This is a fixed fact." On the other hand, the
offieers of the court say, that the "rioters fought violently with their
clubs, and fired some few fire-arms at the Posse, by which Mr. Justice
Butterfield received a slight shot in the arm, and another of the Posse
received a slight shot in the head with Pistol Bullets." Depositions of
Oliver Church, Joseph Hancock, and John Griffin were to a like effect.
These contradictions are reconcilable on the supposition that the persons
in the posse received their pistol-wounds, if any, from their own party
or that their wounds came from the clubs of the whigs, and particularly
from that of Philip Safford, who boldly fought his way out through the
crowd of tories, knocking down eight or ten of them. The affray was in
the night; the whigs and tories at and near the door were at close com-
bat; and in the darkness and confusion, the tories doubtless supposed
that some of the shots came from the whigs. It is admitted by the offi-
cers of the court that the sheriff's posse was armed in preparation for an
assault, while the whigs deny having any arms until after the assault had
been made. It is not unreasonable to infer that the tory witnesses were
mistaken in their supposition that the whigs fired upon the posse, though
there can be no doubt that they would have done so after French, Hough-
ton, and others had been shot.¹
The two accounts of this affair, which are of the highest authority, are
“ A Relation,” drawn by a committee of the whigs, appointed at West-
minster on the 15th-the second day after the " massacre;" and "State
of the Facts," made by the judges and other officers of the court on the
14th.
A RELATION OF THE PROCEEDINGS
OF THE
PEOPLE OF THE COUNTY OF CUMBERLAND, AND PROVINCE OF
NEW-YORK.
In June, 1774, there were some letters came to the supervisors of said
county, from the committee of correspondence at New-York, signed by
their chairman, Mr. Low; which letters said supervisors, through ignor-
ance or intention, kept until September, when they had another meet-
ing; and it is supposed that they intended always to have kept them,
and the good people would have remained in ignorance about them until
this time, had it not been by accident that it was whispered abroad, so
¹ WILLIAM FRENCH of Brattleboro' died of his wounds before daylight
of the 14th; and DANIEL HOUGHTON of Dummerston survived only
nine days. JONATHAN KNIGHT of Dummerston and a Mr. WHITE of
Rockingham were wounded severely, but recovered. For a very full ac-
count of this affair, from both official and other sources, see B. H. HALL'S
Eastern Vermont, pp. 209-241 and 746-755.
Appendix A, No. 1.
333
that Dr. Reuben Jones of Rockingham, and Capt. Azariah Wright of
Westminster heard of it, and took proper care to notify those towns. A
meeting was called in the two towns aforesaid, and a committee was
chosen by each town, to wait on the supervisors, at their meeting in
September, to see if there were any papers that should be laid before the
several towns in the county; and they found that there were papers
come from the committee of correspondence, that should have been laid
before the towns in June. The supervisors made many excuses for their
conduct; some plead ignorance, and some one thing, and some another:
but the most of them did seem to think, that they could send a return to
the committee at New-York, without ever laying them before their con-
stituents; which principle, at this day, so much prevails, that it is the
undoing of the people. Men, at this day, are so tainted with the princi-
ples of tyranny, that they would fain believe, that as they are chosen by
the people to any kind of office, for any particular thing, that they have
the sole power of that people by whom they are chosen, and can act in
the name of that people in any matter or thing, though it is not in any
connection with what they were chosen for. But the committees would
not consent to have a return made, until every town in the county had
Mr. Low's letters laid before them; which was done, and a county con-
gress was called; return was made, a committee was chosen to see that
it was put in print; but, through interest, or otherwise, it never was pub-
lished in any of the papers.
Immediately after, the people of the county aforesaid received the re-
solves of the continental congress. They called a county congress, and
did adopt all the resolves of the continental congress as their resolves,
promising religiously to adhere to that agreement or association. There
was a committee of inspection moved for, to be chosen by the county, ac-
cording to the second [eleventh] resolve of the association aforesaid: but
being much spoken against by a justice and an attorney, and looked upon
by them as a childish, impertinent thing, the delegates dared not choose
one. At this time there were tory parties forming, although they were
under disguise; and had laid a plan to bring the lower sort of the people
into a state of bondage and slavery. They saw that there was no cash
stirring, and they took that opportunity to collect debts, knowing that
men had no other way to pay them, than by having their estates taken
by execution, and sold at vendue. There were but very few men among
us that were able to buy; and those men were so disposed, that they
would take all the world into their own hands, without paying any thing
for it, if they could, by law; which would soon bring the whole country
into slavery. Most, or all of our men in authority, and all that wanted
court favours, seemed much enraged, and stirred up many vexatious
law-suits, and imprisoned many, contrary to the laws of this province,
and the statutes of the crown. One man they put into close prison for
high treason; and all that they proved against him, was, that he said if
the King had signed the Quebec bill, it was his opinion that he had broke
his coronation-oath.¹ But the good people went and opened the prison
door and let him go, and did no violence to any man's person or property.
Our men in office would say that they did like the resolutions of the
continental congress, and they ought to be strictly adhered to, until our
general assembly voted against them. Then they said, that this would
do for the Bay-Province, but it was childish for us to pay any regard to
them. Some of our court would boldly say, that the King had a just
right to make the revenue-acts, for he had a supreme power; and he
¹ Leonard Spaulding of Dummerston.
334
Appendix A, No. 1.
that said otherwise was guilty of high treason, and they did hope that
they would be executed accordingly. The people were of opinion that
such men were not suitable to rule over them and, as the general as-
sembly of this Province would not accede to the association of the conti-
nental congress,' the good people were of opinion, that if they did accede
to any power from or under them, they would be guilty of the breach of
the 14th article of that association, and may justly be dealt with, accord-
ingly, by all America. When the good people considered that the gene-
ral assembly were for bringing them into a state of slavery, (which did
appear plain by their not acceding to the best method to procure their
liberties, and the executive power so strongly acquiescing in all that they
did, whether it was right or wrong;) the good people of said county
thought it time to look to themselves. And they thought that it was
dangerous to trust their lives and fortunes in the hands of such enemies
to American liberty; but more particularly unreasonable that there
should be any court held; since, thereby, we must accede to what our
general assembly had done, in not acceding to what the whole continent
had recommended; and that all America would break off all dealings
and commerce with us, and bring us into a state of slavery at once.
Therefore in duty to God, ourselves, and posterity, we thought ourselves
under the strongest obligations to resist and to oppose all authority that
would not accede to the resolves of the continental congress. But know-
ing that many of our court were men that neither feared or regarded
men, we thought that it was most prudent to go and persuade the judges
to stay at home. Accordingly there were about forty good true men
went from Rockingham to Chester, to dissuade Col. Chandler, the chief
judge, from attending court. He said he believed it would be for the
good of the county not to have any court, as things were; but there was
one case of murder that they must see to, and if it was not agreeable to
the people, they would not have any other case. One of the committee
told him that the sheriff would raise a number with arms, and that there
would be bloodshed. The Colonel said that he would give his word and
honour that there should not be any arms brought against us; and he
would go down to court on Monday the 13th of March inst., which was
the day that the court was to be opened. We told him that we would
wait on him, if it was his will. He said, that our company would be very
agreeable; likewise he returned us his hearty thanks for our civility, and
so we parted with him.
We heard from the southern part of the state, that Judge Sabin was
very earnest to have the law go on, as well as many petty officers.
There were but two judges in the county at that time, Col. Wells being
gone to New-York. There was a great deal of talk in what manner to
stop the court; and at length it was agreed on to let the court come to-
gether, and lay the reasons we had against their proceeding, before them,
thinking they were men of such sense that they would hear them. But
on Friday, we heard that the court was going to take possession of the
house on the 13th inst., and to keep a strong guard at the doors of said
house, that we could not come in. We being justly alarmed by the de-
ceit of our court, though it was not strange, therefore we thought proper
to get to court before the armed guards were placed; for, we were de-
termined that our grievances should be laid before the court, before it
was opened. On Monday, the 13th of March inst., there were about 100
of us entered the court-house, about four o'clock in the afternoon. But
¹The New York association was not adopted until April following.
* The court was to sit on the 14th.-See "State of the Facts," by the
officers of the court.
Appendix A, No. 1.
335
we had but just entered, before we were alarmed by a large number of
men, armed with guns, swords and pistols. But we, in the house, had not
any weapons of war among us, and were determined that they should not
come in with their weapons of war, except by the force of them.
Esq. Patterson came up at the head of his armed company, within
about five yards of the door, and commanded us to disperse; to which he
got no answer. He then caused the King's Proclamation to be read, and
told us, that if we did not disperse in fifteen minutes, by G-d he would
blow a lane through us. We told him that we would not disperse. We
told them that they might come in, if they would unarm themselves, but
not without. One of our men went out at the door, and asked them if
they had come for war; told them that we were come for peace, and that
we should be glad to hold a parley with them. At that, Mr. Gale, the
clerk of the court, drew a pistol, held it up, and said, d-n the parley with
such d- d rascals as you are; I will hold no parley with such d- -d
rascals, but by this,-holding up his pistol. They gave us very harsh
language, told us we should be in hell before morning; but, after a while,
they drew a little off from the house, and seemed to be in a consultation.
Three of us went out to treat with them; but the most, or all, that we
could get from them, was, that they would not talk with such d—d ras-
cals as we were; and we soon returned to the house, and they soon went
off.
Col. Chandler came in, and we laid the case before him, and told him
that we had his word that there should not be any arms brought against
us.
He said that the arms were brought without his consent, but he
would go and take them away from them, and we should enjoy the house
undisturbed until morning; and that the court should come in the morn-
ing without arms, and should hear what we had to lay before them; and
then he went away. We then went out of the house and chose a com-
mittee, which drew up articles to stand for, and read them to the com-
pany; and they were voted nem. con. dis. and some of our men went to
the neighbours, and as many as the court and their party saw, they bound.
About midnight, or a little before, the sentry, at the door, espyed some
men with guns, and he gave the word to man the doors, and the walk
was crowded. Immediately, the sheriff and his company marched up
fast, within about ten rods of the door, and then the word was given, take
care, and then, fire. Three fired immediately. The word fire was re-
peated; G-d d-n you fire, send them to hell, was most or all the words
that were to be heard for some time: on which, there were several men
wounded; one was shot with four bullets, one of which went through
his brain, of which wound he died next day. Then they rushed in with
their guns, swords, and clubs, and did most cruelly mammoc several
more; and took some that were not wounded, and those that were, and
crowded them all into close prison together, and told them that they
should all be in hell before the next night, and that they did wish that
there were forty more in the same case with that dying man. When
they put him into prison, they took and dragged him as one would a dog;
and would mock him as he lay gasping, and make sport for themselves,
at his dying motions. The people that escaped took prudent care to no-
tify the people in the county, and also in the government of New-Hamp-
shire, and the Bay; which being justly alarmed at such an unheard of
and aggravated piece of murder, did kindly interpose in our favour.
On Tuesday. the 14th inst about 12 o'clock, nearly 200 men, well
armed, came from New-Hampshire government; and before night there
were several of the people of Cumberland county returned, and took up
all they knew of, that were in the horrid massacre, and confined them
under a strong guard; and afterwards they confined as many as they
336
Appendix A, No. 1.
1
could get evidence against, except several that did escape for their lives.
On the 15th inst. the body formed, chose a moderator and clerk, and
chose a committee to see that the coroner's jury of inquest were just, im-
partial men; which jury on their oath did bring in, that W. Patterson,
&c. &c. did, on the 13th March inst., by force and arms, make an assault
on the body of William French, then and there lying dead, and shot him
through the head with a bullet, of which wound he died, and not other-
wise. Then, the criminals were confined in close prison, and, on the
evening of the same day, and early the next morning, a large number
came from the southern part of the county of Cumberland, and the Bay
Province. It is computed, that in the whole, there were 500 good mar-
tial soldiers, well equipped for war, that had gathered. On the 16th inst.
the body assembled; but being so numerous that they could not do bus-
iness, there was a vote passed, to choose a large committee to represent
the whole, and that this committee should consist of men who did not
belong to the county of Cumberland, as well as of those that did belong
thereto which was done. After the most critical and impartial exam-
ination of evidence, voted, that the heads of them should be confined in
Northampton jail, till they could have a fair trial; and those that did
not appear so guilty, should be under bonds, holden to answer at the next
court of oyer and terminer in the county aforesaid; which was agreed to.
On the 17th inst. bonds were taken for those that were to be bound, and
the rest set out under a strong guard for Northampton.
We, the committee aforesaid, embrace this opportunity to return our
most grateful acknowledgments and sincere thanks to our truly wise and
patriotic friends in the goverments of New-Hampshire and the Massa-
chusetts-Bay, for their kind and benevolent interposition in our favour,
at such a time of distress and confusion aforesaid; strongly assuring them,
that we shall be always ready for their aid and assistance, if by the dispen-
sations of divine providence, we are called thereto.²
Signed by order of the Committee.
Cumberland County, March 23d, 1775.
REUBEN JONES, Clerk.
'The report of the coroner's jury was as follows:
New York
Cumberland County.
An Inquision* Indented
& Taken at Westminster the fifteenth Day of March one Thousand
Seven Hundred and Seventy five before me Timo Olcott Gent one of
the Corroners of the County afore Said upon the Veiw of the Body of
William French then and there Lying Dead upon the oaths of Thos Ams-
den John Avorll Joseph Pierce Nathael Robertson Edward Hoton Mi-
chal Law George Earll Daniel Jewet Zachriah Gilson Ezra Robenson
Nathaniel Davis Nathaniel DoubleDee John Wise Silas Burk Elihue
Newel Alex Pammerly Joseph Fuller Good and Lawful men of the
County afore Said who being Sworn to Enquire on the part of our Said
Lord the King when where how and after what manner the Said Wm
French Came to his Death Do Say upon their oaths that on the thir-
teenth Day of March Instant William Paterson Esqr Mark Langdon
Cristopher Orsgood Benjamin Gorton Samuel Night and others un-
known to them assisting with force and arms made an assalt on the Body
of the Said Wm French and Shot him Through the Head with a Bullet
of which wound he Died and Not Otherways in witness where of the
Coroner as well as the Juryors have to this Inquision put their hands
and Seals att the place afore Said.-Eastern Vermont, p. 230.
2 The tory account in Holt's paper charged the Bennington county
whigs, in particular, with rallying to Westminster immediately after the
* Inquisition was intended, same as Inquest.
Appendix A, No. 1.
337
STATE OF THE FACTS.
New York County of Cumberland court of common Pleas, And court
of General Sessions of the Peace holden at the court House in Westmins-
ter this Fourteenth Day of March A. D. 1775. Whereas a very melan-
cholly and unhappy affair Happened at this Place in the evening of yester-
day The thirteenth Instant and Whereas it may be that the Same may
Be represented very Different From what The same really was We his
majesty's Judges and Justices of the said Courts being chiefly there
Present have Thought it our Duty thus to relate a true state of the Facts
Exactly as they happened.
Many threats having for several Terms past been Thrown out by
evil minded persons that they would With Violence break up and Des-
troy the courts of our Sovereign Lord the king in this county and threats
of A more Daring and absolute nature than formerly having been thrown
out by certain Evil Minded persons Against the setting of this present
Court the Sheriff tho't it Essentially necessary to raise a Posse For the
Courts Protection and having Raised about sixty Men armed some With
Guns and some with staves he arrived At their head before the Court
House about five o'clock In the afternoon of yesterday When to the Great
Surprise of the said Sheriff and Posse they found the court house Taken
into Possession and the several Doors thereof Guarded By a large num-
ber of Rioters (supposed to be about an Hundred in the whole) armed
With clubs and some Few fire arms. The Sheriff then endeavored to
Go in at the Door of the court-house, but was prevented by Threats And
menaces; whereupon he read the King's Proclamation, with a very loud
voice commanding In his Majesty's name all persons unlawfully as-
sembled Immediately to Depart, and thereupon Demanded Entrance
again But was again refused and Prevented by threats and menaces as
Before. The Sheriff then told the Rioters that he would Leave them a
short time to consider of their behaviour And to Disperse, and if they
would not afterwards allow Him Entrance into the said court-house
That he would Absolutely Enter it by force. But the Rioters made
scoff at this Measure replying the hardest must fend off. The Rioters a
little time afterwards wanted to choose committees to Parley but was
answered that they could not Parley to consider whether the King's
Court Should proceed or not. Judge Chandler informed them that if
they had any real grievances to complain of if they would Present a
Petition to the court when sitting it should be heard the Sheriff then gave
the Posse Liberty To refresh themselves and about two Hours afterward
He Brought the said Posse Before the courthouse again and then again
Demanded Entrance in his majesty's Name but was again refused in
like manner as Before Whereupon he told them that he would Absolute-
ly enter it Either Quietly or by force and commanded the Posse to fol-
low close to him which they Accordingly Did and getting near The
Door he was struck several Blows with clubs, which he had the Good-
ness in General to fend off so far at least as not to Receive any very
Great Damage but several of their clubs striking Him as he was goeing
massacre. No mention is made of them above, and moreover Lieut.
Gov. Colden of New York, in an official dispatch to Lord Dartmouth,
expressly exonerated them, adding, however: "Yet I make no doubt
they will be joined by the Bennington Rioters, who will endeavor to
make one common cause of it, though they have no connection but in
their violence to Government."-See Eastern Vermont, pp. 239, 240.
338
Appendix A, No. 1.
up the steps, and The Rioters Persisting in maintaining Their Ground,
he ordered some of the Posse to fire, which they accordingly did. The
Rioters 'then_fought Violently with their clubs and fired some few fire
arms at the Posse by which Mr. Justice Butterfield received a slight shot
in the arm and another of the Posse received a slight shot in the head
with Pistol Bullets: but happily none of the Posse were mortally wound-
ed. Two persons of the Rioters were Dangerously wounded (one of
whom is since dead) and several others of the Rioters were also wound-
ed but not Dangerously so. Eight of the Rioters were taken prisoners
(including The one which is since Dead) & the wounded were taken
care of by Doct. Day, Doct. Hill and Doct. Chase. The latter of which
was immeadiately sent for on Purpose. The rest of the Rioters Dis-
persed giving out Threats that they would collect all the force Possible
and would return as on this Day to revenge themselves on the Sheriff
and on several others of the Posse.
This Being a true state of the facts without the least Exaggeration
on the one side or Diminution on the other We humbly submit to Every
Reasonable Inhabitant whether his majesty's courts of Justice the Grand
and only security For the life liberty and property of the publick should
Be trampled on and Destroyed whereby said persons and properties of
individuals must at all times be exposed to the Rage of a Riotous and
Tumultuous assembly or whether it Does not Behove Every of his
Majesty's Liege subjects In the said county to assemble themselves forth-
with for the Protection of the Laws and maintenance of Justice.
Dated in open Court the Day and Year Aforesaid.
Thomas Chandler,
Noah Sabin,
Step'h Greenleaf,
Benj'a Butterfield,
Bildad Andross,
S. Gale, Clk.
CONVENTION AT WESTMINSTER, APRIL 11, 1775.
AT a meeting of Committees appointed by a large body of inhabitants
on the east side of the range of Green Mountains, held at Westmin-
ster, on the 11th day of April, 1775.
1. VOTED, That Major Abijah Lovejoy be the Moderator of this
meeting.
2. VOTED, That Dr. Reuben Jones be the Clerk.
3. VOTED, as our opinion, That our inhabitants are in great danger of
having their property unjustly, cruelly, and unconstitutionally taken from
them, by the arbitrary and designing administration of the goverument
of New York; sundry instances having already taken place.
4. VOTED, as our opinion, that the lives of those inhabitants are in the
utmost hazard and imminent danger, under the present administration,
Witness the malicious and horrid massacre of the night of the 13th ult.
5. VOTED, as our opinion, That it is the duty of said inhabitants, as
predicated on the eternal and immutable law of self-preservation, to
wholly renounce and resist the administration of the government of New-
York, till such time as the lives and property of those inhabitants may be
secured by it; or till such time as they can have opportunity to lay their
grievances before his most gracious Majesty in Council, together with a
proper remonstrance against the unjustifiable conduct of that govern-
ment; with an humble petition, to be taken out of so oppressive a juris-
diction, and, either annexed to some other government, or erected and
Appendix A, No. 1.
339
incorporated into a new one, as may appear best to the said inhabitants,
to the royal wisdom and elemency, and to such time as his Majesty shall
settle this controversy.
6. VOTED, That Colonel John Hazeltine, Charles Phelps, Esq., and
Colonel Ethan Allen, be a Committee to prepare such remonstrance and
petition for the purpose aforesaid.-Slade's State Papers, p. 60.
CUMBERLAND COUNTY CONGRESS AT WESTMINSTER, JUNE 6, 1775.
In May, 1775, a Provincial Congress of the several counties had been
called to meet in New York city, and the delegates of nine counties did
meet on the 22d and organize as a Congress on the 23d. No delegates
appeared from the territory of Vermont until the 24th, when
John Williams and William Marsh, from Charlotte County, appeared
in Congress and produced a Certificate signed by fourteen gentlemen,
the respective Committees of White Creek, Camden, [New York,] Ar-
lington, Manchester, Dorset, Rupert, Pawlett, and Wells, in Charlotte
County, certifying that the said John Williams and William Marsh are
appointed deputies to attend this Congress. The same was read and
filed.
Ordered, That they take their seats.'
The people of Cumberland county, through want of sufficient notice
it seems, had not been able to send delegates for the organization of
the Provincial Congress, and on the 6th of June a “County Congress”
Committee” met at Westminster and proceeded as follows:
or
' ',
[From the American Archives, Fourth Scries, Vol. II, cols. 918, 919.]
At a full meeting of the Delegates from the several Towns in the
County of Cumberland, Colony of New-York, convened at Westminster,
June 6, 1775:
The County of Cumberland having received certain intelligence from
Mr. Isaac Low, Chairman of the Committee of Correspondence at New-
York, that it is the desire of the said respectable Committee of Corres-
pondence at New-York, that the sense of the people in said County of
Cumberland should be fully known with regard to the hostile measures
that are using by the British Parliament to enforce the late cruel, unjust,
and oppressive Acts of the said British Parliament, through the British
Colonies in America: We, the Delegates from the several Towns and
Districts in said County of Cumberland, being chosen by the freeholders
and inhabitants of the same, to exhibit to the Provincial Congress the
sense and voice of the people with regard to the unjust proceedings of
the British Parliament, &c., do pass the following Resolves:
1. Resolved, nem. con., That the late Acts of the British Parliament,
passed in order to raise a revenue in America, are unjust, illegal, and
diametrically opposite to the Bill of Rights, and a fundamental principle
of the British Constitution, which is, "that no person shall have his
property taken from him without his consent."
2. Resolved, nem. con., That we will resist and oppose the said Acts
of Parliament, in conjunction with our brethren in America, at the ex-
¹ American Archives, Fourth Series, vol. II, 1775, col. 1246. Mr.
MARSII alone was from Vermont.-See ante, pp. 15, 22. Doct. JOHN
WILLIAMS was a resident of White Creek, N. Y., now Salem.
340
Appendix A, No. 1.
1
i
pense of our lives and fortunes, to the last extremity, if our duty to God
and our Country require the same.
3. Resolved, nem. con., That we think it needless to pass many re-
solves exhibiting our sentiments with regard to the unhappy controversy
subsisting between Great Britain and America. Let it suffice, therefore,
that we fully acquiesce with what our brethren have lately done at New-
York, in their late Association; and it is hereby resolved that the late
Association entered into at New York is perfectly agreeable to the sen-
timents of the freeholders and inhabitants of this County, and that they
fully acquiesce in the same.2
4. Resolved, nem. con., That this County is at present in a very bro-
ken situation with regard to the civil authority. We therefore sincerely
desire that the advice of the honourable Congress may be by our Dele-
gates transmitted to us, whereby some order and regularity may be es-
tablished among us. We therefore should take it as a favour if the
honourable Congress would particularly recommend to us in this County
The "Association" referred to was adopted in the city of New York
April 29, 1775, and sent to all the counties in the province-as follows:
Persuaded that the salvation of the rights and liberties of America
depend, under God, on the firm union of its inhabitants, in a vigorous
prosecution of the measures necessary for its safety, and convinced of
the necessity of preventing the anarchy and confusion which attend a
dissolution of the powers of Government: We, the Freemen, Freehold-
ers, and inhabitants of the City and County of New-York, being greatly
alarmed at the avowed design of the Ministry to raise a revenue in
America, and shocked by the bloody scene now acting in the Massachu-
setts-Bay, do, in the most solemn manner, resolve never to become
slaves; and do associate, under all ties of religion, honour, and love to
our Country, to adopt and endeavour to carry into execution whatever
measures may be recommended by the Continental Congress, or resolved
upon by our Provincial Convention, [the Provincial Congress not having
been organized until the succeeding month.] for the purpose of preserv-
ing our Constitution and opposing the execution of the several arbitrary
and oppressive Acts of the British Parliament, until a reconciliation
between Great Britain and America, ou constitutional principles, (which
we most ardently desire,) can be obtained; and that we will, in all things,
follow the advice of our General Committee respecting the purposes
aforesaid, the preservation of peace and good order, and the safety of
individuals and private property.-American Archives, Fourth Series,
vol. II, 1775, col. 471.
"All the men in Townshend," (fifty-one,) Col. JOHN HAZELTINE at
the head, signed this agreement, and the seven absentees were in scr-
vice at Roxbury (Mass.) under General Washington at the time-July
12, 1775. Precisely the same number signed the agreement in Spring-
field, SIMON STEVENS at the head, the return being dated Dec. 21, 1775.
The number of signers in Weathersfield was twenty-one, ELIPHALET
SPAFFORD at the head, and only three men refused to sign. As the re-
turns were to embrace the names of those who refused to sign, the infer-
ence is that every freeman of Springfield signed. The association or
pledge most generally signed in Vermont was the briefer and unequivo-
cal one adopted by the Convention at Dorset, July 24, 1776.-See ante,
pp. 21, 22.
Appendix A, No. 1.
341
some measures to be pursued by us the inhabitants of the same; for we
are persuaded their advice herein would have great weight to influence
our people universally to pursue such measures as would tend to the
peace, safety, and good order of this County for the future.
5. Resolved, nem. con., That we, the inhabitants of this County, are
at present in an extremely defenceless state with regard to arms and
ammunition. We sincerely desire the honourable Provincial Congress
would consider us in this respect, and from their generosity and good-
ness would do what in them lies for our relief in the premises. We
have many brave soldiers, but, unhappily for us, we have nothing to
fight with.
6. Resolved, nem. con., That in pursuance of the Honourable Isaac
Low's (Chairman of the Committee of Correspondence) request for this
County to send Delegates to the City of New-York, in order to ascertain
the sentiments of the people in the County concerning the unconstitu-
tional measures lately adopted by the British Parliament against the
Americans in general, and some other matters, and so forth, we do here-
by vote and resolve, that Col. John Hazeltine, Doctor Paul Spooner, and
William Williams, Esquire, be our Delegates to meet and join the other
respectable Delegates convened at New-York, to represent the affairs of
this County in said Congress, at the City of New-York.
JOHN HAZELTINE,
Chairman of the County of Cumberland Congress
und Committee of Correspondence.¹
The county "Congress" again met at Westminster on the 26th of
July, 1775, and authorized Major [afterward Colonel] WILLIAM WILL-
IAMS to act for both of the delegates of the county in the N. Y. Provin-
cial Congress; and he, was permitted so to do, casting the two votes of
the county. In August, the Province was divided into military districts,
and the counties of Charlotte, Cumberland, and Gloucester were em-
braced in one brigade. On the 4th of November, a new election of dep-
uties having been ordered, the Provincial Congress was dissolved. On
the 21st, the county "Congress" met once more at Westminster, and
proceeded, first as a "Congress" to elect deputies, and then as a “COM-
MITTEE OF SAFETY" to nominate militia officers.
(6
¹ These three delegates were afterwards prominent supporters of the
government of Vermont. Their credentials to the New York Provin-
cial Congress, presented June 21, were signed by John Hazeltine,
Chairman, and Sol. Phelps, D. Clerk." June 8, Col. HAZELTINE stated
the proceedings of the County Congress to the President of the Provin-
cial Congress in a patriotic letter; and a letter of the 9th to the same
gentleman, from WILLIAM WILLIAMS, BENJAMIN WAIT, and JOAB
HOISINGTON, tendered their services as colonel, lieutenant-colonel, and
major (in the order of their names) of a regiment to be raised in Cum-
berland county. They were severally commissioned by New York,
though not for this proposed regiment. Hoisington died while serving
under a New York commission as major of rangers, while Williams and
Wait both served under Vermont.
¹American Archives, Fourth Series, Vol. III, 1775, col. 528.
i
342
Appendix A, No. 1.
1
i
CUMBERLAND COUNTY CONGRESS AND COMMITTEE OF SAFETY,
Nov. 21, 1775.
[From the American Archives, Fourth Series, Vol. IV, 1775–1776, col. 426.]
MAY IT PLEASE YOUR HONOUR: We, the Committee of Safety for this
County, have proceeded in the election of Deputies, pursuant to the re-
solves of the honourable Congress for the Colony of New-York, of Octo-
ber 18, 1775: And this certifies, that Major William Williams and Doctor
Paul Spooner, are chosen by this County, to represent the people thereof
in the honourable Provincial Congress, at the city of New-York. Also,
we, the Committee of Safety for this County, have presumed to nomin-
ate Colonel James Rogers to be the Brigadier for Cumberland, Gloucester,
and Charlotte Brigade.
Moreover, according to the directions of the honourable Provincial
Congress of New-York, (as are transmitted to us,) per our Delegate,
Major Williams, we have recommended that the following gentlemen,
belonging to this County, be speedily commissioned by said Congress
viz: Lower Regiment in the County: Major William Williams, first
Colonel; Major Jonathan Hunt, second Colonel; Lieutenant John
Norton, first Major; Oliver Lovell, second Major; Arad Hunt, Adju-
tant; and Samuel Fletcher, Quartermaster.
Upper Regiment: Captain Joseph Marsh, first Colonel; Capt. John
Barrett, second Colonel; Lieutenant Hilkiah Grout, first Major; Cap-
tait Joel Mathews, second Major; Timothy Spencer, Adjutant; Amos
Robinson, Quartermaster.
Regiment of Minute Men: Capt. Job [Joab] Hoisington, first Colonel ;
Seth Smith, second Colonel; Joseph Tyler, first Major; Joel_Marsh,
second Major; Timothy Phelps, Adjutant; Elisha Hawley, Quarter-
master.
The honourable Provincial Congress complying with our request, as
speedily as possible, will much oblige your most obedient humble servant.
Signed by order of the Committee of Safety: JOHN BARRETT, Clerk.
To the Honourable the President of the Provincial Congress at the
City of New-York.
Cumberland County, Westminster, December 2, 1775.
Major WILLIAMS was in New-York at the time of his re-appointment
as deputy, acting as a member of the Provincial Committee of Safety.
On the 20th of Dec. he was joined by Doct. SPOONER, who took his seat
in the Provincial Congress on that day, and on the same day delivered
remonstrances signed by thirty-one inhabitants of Putney, a large num-
ber [names not given] of Westminster, and fifty-five inhabitants of Ful-
ham, all protesting against a confirmation of the militia officers nominat-
ed by the Committee of Safety, and asking that the sense of the people
of the county might be taken. With these documents he also presented
a letter from Col. JAMES ROGERS, whereby for political reasons,
declines the office of Brigadier General of the Militia."1 The remon-
strances charged that some of the nominees of the Committee of Safety
were hostile to the liberties of America, naming JOHN NORTON of West-
minster, whose hotel was favored by the tories. ROGERS joined the Brit-
ish shortly after. No objections were made to the nominees for the up-
per regiment, or for the regiment of minute-men, and they were confirm-
66
¹ Am. Archives, Fourth Series, vol. IV, 1775-1776, cols. 429-431.
he
Appendix A, No. 1.
343
!
ed Jan. 4, 1776. The question of Cumberland county officers [lower re-
giment] was remitted to a full meeting of the Committee of Safety.¹ Jan.
9, 1776, the Provincial Committee of Safety, in the recess of the Con-
gress, urged the inhabitants of the County to cultivate a more harmoni-
ous spirit, and for this purpose to elect "a large respectable County
Committee.”?
MEETINGS IN 1776 AND 1777.
.6
Feb. 1, 1776, in response to the advice above stated,
a pretty full
meeting of the Committee of Safety for this County" was held at West-
minster, BENJAMIN CARPENTER, chairman, when officers for the lower
regiment were agreed upon, as follows: "Major William Williams, First
Colonel; Benjamin Carpenter, Esq., Second Colonel; Oliver Lovell, Esq.,
First Major; Abijah Lovejoy, Second Major; Samuel Minott, Jun., Adju-
tant; Samuel Fletcher, Quartermaster. The nominees of the Novem-
ber meeting dropped were Major Jonathan Hunt as second colonel, John
Norton [tory] as first major, and Arad Hunt as adjutant. That Major
Jonathan Hunt might not be prejudiced by this action, Col. Carpenter
wrote that he "entirely refused to accept a commission in the lower de-
partment."
On the 22d of May, 1776, three committee-men from each of the coun-
ties of Cumberland and Gloucester met at Windsor, in response to a cir-
cular issued to the Committees of Safety of these counties and the county
of Charlotte. The latter was not represented, when the Committees
[six persons] for the other counties, proceeded to nominate Col. JACOB
BAYLEY of Newbury for Brigadier-General, and Col. SIMON STEVENS of
Springfield for Brigade-Major, of which a return was made to the New
York Provincial Congress by Col. JOSEPH MARSH of Hartford, who was
one of the Cumberland county committee. On the 7th of June 1776 the
Provincial Congress assigned oue hundred and twenty-five men to Cum-
berland county, and seventy-five men to Gloucester, as the quota of each
towards three thousand men to be raised by the Province for continental
service; and the militia of these counties having been formed into a brig-
ade, the nominations of Brig. Gen. BAYLEY and Brigade Major STE-
VENS were confirmed on the 1st of August.*
¹Some of the difficulty was occasioned by the fact that the Committee
of Safety in November, a part of the members only being present, nom-
inated lists of officers different from other lists named by a much larger
meeting in June preceding. The June lists were as follows: Lower
regiment―James Rogers, colonel, Eleazer Patterson, lieut.-col., — Love-
joy, major. Upper regiment Simon Stevens, colonel, Joseph Marsh of
Hartford,* lieut.-col., Benja. Wait, Major.
4
² Am. Archives, Fourth Series, vol. IV, col. 1031. ³ Same, vol. v, col. 323.
B. H. Hall's Eastern Vermont, pp. 255-6, 266-7.
* Joseph Marsh of Weathersfield was another man, who refused to sign the "Association.”
344
Appendix A, No. 1.
6
Next in order comes the journal of the Cumberland County Commit-
tee of Safety, from June 11 1776 to Sept. 3 1777, which is copied from the
admirably preserved PINGRY PAPERS." Among these papers are
other manuscripts and hand-bills, which are interesting to the antiqua-
rian, but as these are not within the legitimate scope of this volume,
they are of course omitted.
JOURNAL OF THE CUMBERLAND COUNTY COMMIT-
TEE OF SAFETY.
JUNE 11 1776 TO SEPTEMBER 3 1777.
MEETING AT WESTMINSTER, JUNE 11-13, 1776.
[From the Pingry Papers.]
Hinsdale John Bridgman, Esq., Westmin".
[Vernon,] Mr. Arad Hunt.
John Norton, Elkanah
Day.
Sergeant.
Brattlebo:—Mr. Isreal Smith & John || Rockingham – Wni. Simons [or Si-
monds,] Eben". Fuller.
Gillford—Mr· Isreal Gurley &[Sam- | Chester—John Chandler Esqr. Cap.
Hallefax --
uel] Nichols,
Marlborough Mr. [Jonathan]War-
ren.
George Earl.
[Londonderry]-Capt. Edward
Aikan, [Aiken,] 24.
Springfield-Simon Stevens, Jerath-
Kent
Newfane-Luke Knolton [ Kuoul-
ton] Esq.
Townsend
Mr. Joseph Tyler &
Sam Fletcher.
Powers.
Windsor-Eben". Horsenton [Hois-
ington,] and Eben".
Curtis.
Fullom--[ Fulham-Dummerston] — | Hartford—
Joseph Hildrith & Eb- Pomfret—
en". Haven.
Putney-Cap James Clay, Lucas
Willson.
Wethersfield Isreal Burlingame.
Wm. Upham.
Woodstock-
Draper [Wilmington] Elijah Al- Hertford--[ Hartland-] Jonathan
vord and John Gibbs.
Burk.
JUNE 11th, 1776.
The above Gentlemen being Chosen & returned to serve as a County
Committee of Safety for the County of Cumberland, Being met, Formed
into a body at the County house in Westminster, on the day above sd.,
did Proceed to act on the Following Articles:
1t.
Choose Capt. James Clay, Chairman.
2dly. Choose Dr. Elkanah Day, Clerk.
3dly. Deliberated on some Papers from Rockingham against one Ben-
net, & not finding full Propriety to act, the Complainant not being pres-
ent or the Evidence, we therefore resolve that the matter be Defer till
Tomorrow, Two oClock afternoon, he the s. Bennet flnding surities or
be Committed.
4thly. Adjornd. this meeting till 7 o Clock tomorrow morn.
JUNE 12th.
7 oClock in the Morn: met according to adjorument, and resolved
5thly that it be recommendeď to the several Towns in this County
that they Immediately Call a meeting for the purpose of Chusing three
Delegates To send to the City of New York, to set in Provincial Con-
Appendix A, No. 1.
345
gress, the second Monday of July Next, according to a Handbill Just
received from New York or Provincial Congress.
6thly. Voted it is the Opinion of this Body that all Persons wereing
the Edition [addition to their names, or title,] of Gentlemen by former
Commissions be exempted from Millitary Training.
6thly. Adjornd to 3 oClock afternoon.
3 oClock afternoon Meet according and Proceeded
7thly. Choose Capt. John Sessions County Treasurer.
Sthly. Voted to Chuse a Committee & accordingly Choose Capt. James
Clay Nathel Robinson Esq Elkanah Day Thos. White Capt. John Averill
To Examine the Publick Accts. in the County, give Orders, &c.
9thly. Voted that Mr. Jonathan Burk be admitted as a member to set
in this Body.
10thly. Took under Consideration a Complaint Exhibited by W. Tag-
art against Nathaniel Bennet Touching the sd. Bennet's abuseing su.
Tagarts wife, 20 Members being present, resolved that the sd. Bennet be
Committed To Prisson, there Holden till further Orders of this Com-
mittee.
11thly. Defered the Case Between Colo. Smith, Plantif, & Mr. Gorton,
Defendt. To the 21t. Day of June Inst.
12thly. Took under Consideration the Case Between Abijah Lovejoy
& Atherton Chaffee. After Deliberating on the matter, Deferd. the
Conclusion Till Tomorrow Morn 8 oClock, then adjornd. to 7 oClock in
the Morning.
JUNE 13th.
7 oClock, meet according to adjornment, and resolved,¹
14thly. that it be recommended to the Sub committee that they Call
on their respective Collectors to pay into the Treasurer what they have
Collected, that it may be Assertaind. what money Can be Obtained by
the 20th of this Inst.
15th. Voted to recommend to the Capts. of the several Companys of
Militia in the respective Towns in this County to as soon as possible
make return of their minutemen to Mr. Lucas Willson & Ebenezer
Horsington, [Hoisington,] who are appointed by the rest of their Breth-
ren, viz., Arad Hunt, Isreal Smith, Joseph Hildreth, Lucas Willson,
John Norton, W. Simons, Samel. Fletcher, Being Choose a Committee,
& Impowered by this Body to se the minute-men Properly Imbodyed in
Companys, & Lead them to a choise of Officers in the several Companys
when so Formed according to the rules and orders for regulating the
Milition, & to make return to this County Committee-and Likewise
Choose Eben. Horsington, Simon Stevens Esq. Jonathan Burk, Isreal
Burlingame, & Eben. Curtis, To Inspect the Uper Regiment in their
proceedings as above directed.
16th. Voted that Mr. Abijah Lovejoy be Quieted in the full & free
Possession of a Lot of Land in Westminster, of Late Leased to sa
Lovejoy by the Committee, according to a former resolve; and that it
[be] recommended to Mr. Chaffe to Desist from Molesting sd. Lovejoy
in his Possession, To Prevent further Trouble.
17th, resolved that Colo. Wells be sited to appear before the County
Committee On Thursday the 20th Day of June Inst. to answer to a Com-
plaint Lodged in the files, signd. by Nathaniel Robinson, Ruben Jones,
and Leonard Spaldwin.
There is no thirteenth vote, the date "June 13th," in the margin,
probably having been mistaken as the number of a vote.
24
346
Appendix A, No. 1.
18th. Voted that all Poles from 16 to 60 years old be Estimated at Ten
Pounds real Estate.
19th. Adjornd. to Thursday the 20th day of June Inst., Nine O Clock
Before noon, then to Meet at this Place.
ADJOURNED MEETING AT WESTMINSTER, JUNE 20-22, 1776.
[From the Pingry Papers.]
WESTMINSTER, June the 20th.
The Committee met according to adjournmnt.
Present-(viz.)
Putney-James Clay, Chairman.
Chester-John Chandler, Esqr.
Hinsdale-John Bridgman. Esqr. Kent-Dea. Akin.
Brattleboro'—John Sergeant & Is-
rael Smith.
Marlboro'—Mr. [Jonathan] Warren.
Hallifax-Capt. Williams.
Draper-Elijah Alvord.
N. Fane-Luke Knolton, Esq.
Fulham-Mr. [Leonard] Spaulding
& Hildrick
Hildreth.]
Westminster-John Norton.
Rockingham-Wm. Simons.
|
Springfield-Simon Stevens, Esqr.
Wethersfield-Wm. Upham.
Townshend Mr. Flecher [Samuel
Fletcher.]
Windsor-Capt. Curtis.
Hertford-Mr. Burk.
Hartford-
Joseph
Woodstock--Mr. [John] Strong,
Benjamin Emmons.
Pomfret-Esq. [John Winchester]
Dana.
Voted 1st that we send Representatives to New York.
Voted to Chuse a Comite of five to Inspect the Votes and to make
Return to this cmt.
3ly made Choice of Mrss Isreal Smith, Esq. Denne [Dana.] Esq. Ste-
vens, Esq. Nolton [Knowlton,] Esq. Bridgman.
4 Voted to chuse a Committee to make a Draft of Instructions to the
Delegates if chose and to make a Return to this comtee chose Mr.
Hoisington, Capt. Sergant, and John Chandler, as a Come to Make
Instructions, and Lay the Same before sd. Come.
5ly Voted, to Chuse a Committee to Receive the Valuation of the Rate-
able Estate of Each Town and to Make a Return thereof to the Com-
mittee as is Delivered in to sd Commte.
Proceded and Chose the following Gen. Capt. Ebenezer Curtis,
Mr. Isreal Gurley, Mr. Jonathan Burk, Capt. Fletcher, Capt. Wm.
Williams.
6thly Voted, that the 3 Highest in Number of Votes should be the Gen-
tlemen Choosen to Go to New York.
the Committee Chosen to inspect the Votes make return as Followith
that we Find Col. Joseph Marsh, Dea. John Sessions & Simon Stevens,
Esq. Were the three highest in Vote.
Adjournd till to Morrow Morning at 7 oClock.
21 day [June] at 7 oClock Meet according to adjournmeut.
Col. Wells Letter Taken under Consideration choose a Committee of
three to Take under Consideration the Said Letter and Make report to
this Committee Namely Simon Stevens & John W. Dana Esqrs & Mr.
Strong for the Said Committe.
7th Voted, to take under Consideration a Letter & Handbill Before the
Committee & make Report & according chose Mr. Isreal Smith, Lieut.
Smith,_Lieut.
Spauldwin, Mr. Alvord, Luke Knowlton Esq., John Bridgman Esq., a
Committe for the above sa purpose.
Appendix A, No. 1.
347
Sth Voted, to choose a Committee & according Choose Lieut. Spaulding
Capt. James Clay, Mr. Alvord, Mr. Isreal Gurley, & Elkanah Day to
Treat With Colo. Sam. Wells & Examine sd Wells Touching a Complaint
Exhibited to the County Committee against him the sd Wells & make
report to sa Committee at their Next setting.
gih Voted to Choose a Committee & according Choose Simon Stevens,
Esq., Luke Knolton Esq., Wm Simons, John W. Dana, & Isreal Gurley
to Deliberate on a Complaint Ixhibited by Majr. Abijah Lovejoy against
Mr. Atherton Chaffee, Both of Westminster, & Likewise on a Paper
Exhibited by Atherton Chaffee to the Committee.
10thly Voted, to Deleberate on a Paper Exhibited by Esq. [Charles]
Phelps.'
¹This paper was dated 21st June, 1776, being the date of the above
entry on the record, which, it will be seen, does not state the decision of
the Committee. It is possible that this omission was on account of the
vote of the Committee, on the 7th of November following, that “the
Letter Drawn by Esq. [Charles] Phelps, and signed by the Chairman
of this Committee, may be by order of this Committee with-
drawn from the Convention of this State [New York.] Voted to with
Draw this Letter."
On this paper B. H. HALL said:
Another important topic discussed on this occasion, was that relative
to the right of the New Hampshire Grants to secede from New York.
Several of the members, representing a large constituency, favored a
union with Massachusetts. Owing to this cause, a letter addressed to
the members of the Provincial Congress [of New York, afterward styled
The Convention."] was prepared on the 21st of June, and the repre-
sentatives of the county were desired to deliver it at New York. The
views advanced in this Communication were expressed in these words:
Upon the receipt of hand bills from you sent to us, purporting the
expediency of instituting civil government according to the exigencies
of the County, the major part of the people have agreed thereto, and
have elected their delegates, and empowered them with their authority,
to agree with you in forming a mode of government independent of the
Crown, in the most mild, just, and equitable manner possible, for regu-
lating their internal police, and for the preservation of the rights, liber-
ties, and property of the people. This power is subjected, nevertheless,
to those regulations, conditions, and restraints herewith transmitted you
by the hands of the delegates of this county; to all which they are by
their constituents in the premises, limited and restrained in such man-
ner, that if they break over and violate those sacred instructions here-
with sent you in behalf of us and our constituents, in matters of such
infinite importance and delicacy, the county committee declare, in behalf
of the free, patriotic people thereof, that they mean to, and do hereby re-
solve, to reserve to themselves the full liberty of an absolute disavow-
ance thereof, and of every clause, article, and paragraph of such an in-
stitution.
Also, it is hereby acceded to, and fully meant and intended by the
good people of the county, that they, notwithstanding this compliance
with the requisition of the said handbills above mentioned, so directed
to us for the purposes aforesaid, have fully and absolutely reserved to
themselves and their heirs, &c., the full liberty of pursuing their former
petition in behalf of the people, prepared some years ago, and referred
348
Appendix A, No. 1.
11th. Adjornd. to 2 OClock afternoon.
2 OClock afternoon, meet according to ajornment.
12th. the Committee choosen for Drawing Instructions reported the
following, and after being read sundry times, Voted Paragraff by Para-
graff & accepted to be the Instructions for our Delegates Choosen to
go to New York to set in provincial Congress.
Instructions for the Delegates of Cumberland County.
Gentmen: Haveing received a hand bill from the Honourable Provin-
cial Congress, Recommending to the Inhabitants of this county to Chuse
Delegates & Invest them [with] Power to Establish a form of Govern-
ment, &c., We, the Committee for this County, being warmly attached
to the Noble Cause of Liberty, and ardently Desirious to have the found-
ation of Government so laid that the Liberties of the People both civil
to the great and General Assembly of the ancient, ever respectable, and
most patriotic government of the Massachusetts Bay province, that the
whole district described in the said petition, may be hereafter reunited
to that province, and reserving to themselves also the right of offering
their pleas, arguments, and proofs, in full, to effect a reunion thereof, to
that ancient jurisdiction, for those important reasons to be adduced when,
where, and before whom the parties concerned shall be admitted to offer
the same."
This letter was signed by James Clay, chairman of the Committee, and
was attested by the clerk. As soon as the majority of the members had
assented to it, Elkanah Day, John Bridgman, and John Norton, enter-
ed their protest against the declarations and assertions which it embodied,
and when, shortly after, it was carried to New York, their names appear-
ed among the opposition.-Eastern Vermont, pp. 260–262.
In a biography of CHARLES PHELPS, in Eastern Vermont, p. 681, Mr.
B. H. HALL said that "on one occasion, Mr. Phelps, with a singularity
of behavior not easily to be accounted for, was engaged in a scheme to
effect the annexation of Vermont to Massachusetts ;" and he quoted a
deposition of Phineas Freeman, that in June 1779, Mr. Phelps declared
"that he did not act out of good will to the State of New York, but to throw
the people of Vermont into confusion;" "that he would as soon come under
the Infernal Prince as under the state of New York," with other assertions
expressing utter abhorrence of New York men; and that "his ultimate
design was to procure the territory of Vermont to be annexed to the Bay
State."
This Mr. HALL treated as an "episode in the history of his
[Phelps'] attachment to New York." But the first meeting of the towns
in Eastern Vermont which declared hostility to New York, April 11,
1775, appointed Mr. PHELPS one of a committee of three to prepare a
remonstrance against the oppressive jurisdiction of that province. This
is not inconsistent with his declaration in June 1776 that the people of
Cumberland County reserved the right to unite with Massachusetts, and
to apply to any tribunal which would permit them to argue that question.
As a native of Massachusetts, Mr. Phelps would naturally prefer that
state to any other, and the declarations sworn to by Freeman explain
many things in Mr. Phelps' course which otherwise appear to be quite
erratic.
Appendix A, No. 1,
349
and religious may forever remain sacred and Inviolate, we think it Our
Indispensable duty to give you the following Instructions, and reposing
the Highest Confidence in your Honour & Integrity, do rely Upon it that
you will to the Utmost of your power Endeavor to Carry the same into
Execution. We Trust the Honourable Congress will be Very far from
passing Censure on us for being thus Jealous of our Liberties, Espe-
cialy when they Consider that in time past this County has been much
imposed upon in haveing Certain Foreigners put into High places of
Emolement & Honour in this County, to the Great Grief of Virtues
[virtuous] and Honest men.
1t. We instruct you to use your influance to establish a Government
in this Colony agreable to this maxim, (viz.,) that all Civil Power (under
god) is Originaly in the People, and that you in no instance in your pub-
lick Capacity will do any thing to abridge the people of this fundamen-
tal right. We furthermore beg leave to say that in Our Opinion the
representitives duly Chosen in the several Countys in this Colony, when
Conveand at New York, to all intents & purposes have full Power of
Legislation. & that it would greatly abridge the People of their rights
should the representatives presume to make Choise of a Governor, Lieut.
Governor, &c., To Act and Transact business independent of the people.
24. That you use your best influence in Congress to adopt a Code of
Laws whereby the Liberty, Property & every thing dear to the Inhabit-
ants of this Colony & America in General shall be founded on a perma-
nant Basis-a few of which Laws we Hunibly beg leave to suggest
might be made or enacted, (viz..) Laws for Establishing Religion & Lit-
riture—that_ministers of the gospel might be supported and Schools
set up, which must have a Tendency to promote Virtue and Good Man-
ners.
34. We think it would much Conduce to the happyness of this County
to have a Court of Justice as soon as may be properly organized, to take
Cognizance of all Criminal actions, at the same time we desire that men
of Character, integrity, Knowledge and Virtue who belong to Our Own
County might sustain the offices in such an Important Department.
The Ancient Tryal by Jury we have a great Veneration for; it is a Noble
Barrier against Tyrany. In Order that our future Courts may be sup-
plyed with Grand Juriors we humbly request that the Honourable Con-
gress would adopt the following method for this County, (viz.,) that
Each Town thro' the County at their Annual Meetings shall Elect their
proportion of men who shall serve as Grand Jurors the Insuing Year,
and that their names shall be Properly Returned in the Clerk's Office, in
order that the Jury when so Choosen may inform the advocates (who
shall prosecute Criminal Actions) of all misdemeanors in the County
passing within their Knowledge; the pette jurors in like manner we
would be glad might be Choosen Annually, and that their names being
euroled may be returned in the Clerk's Office, and when so returned,
may be drawn by lot for the service of the insuing year. The Gentle-
men of the Law (if they should be thought necessary) we hope may be
men of integrity, Learning and Abillity. In a particular manner we de-
sire and insist on it that no Freeholder or men of Interest in a Civil
Action on the first process shall be apprehended by Capias, but that they
may be summond according to Ancient Usage Excepting Under Certain
Circumstances when there is not a sufficiency of Estate to answer Debt
and Cost; that Constables as well as sherrifs might have power to serve
all processes; that all Deeds may be recorded by the Town Clerk in
Each town; that Attorneys fees and all Other Exhorbitant fees might
be lowerd and reduced to the Standard of Justice. Lastly, we beg leave
to suggest that in Our Opinion a frequent Change of Magistrates Tend
350
Appendix A, No. 1.
to prevent Corruption and keep up that Equallity of Mankind in which
by nature we are all formed; therefore we humbly request we may be
Indulged in this particular: we desire that Each Town in this County
might nominate their Own Justices, and that they might not be ap-
pointed without such Nomination. That Justice, Religion & Virtue may
prevail in this Colony, & that Pease & Tranquillity may be restored
thro America is the sincear desire of the Committee of Safety for Cum-
berland County.
P. S. We desire that a Court of Probate might be Established in
this County.
Sign" by order of the Committee of Safety For Cumberland County.
JAMES CLAY, Chairman, &c.
Westminster 20th of June, 1776.
[To] Colº. Marsh, Simon Stevens, Esq., and Deacon Sessions.'
13th. Voted to Choose a Committee & accordingly Choose Esq. Ste-
vens, Esq. Brigman, Mr. Alvord. to Take under Consideration a Com-
plaint Exhibited by the Widow Lovell of rockingham against One Saf-
ford, reported if sd Complaint be supported, it is worthy of notice & to
be herd Next setting of the Committee.
14th. this vote reconsidered. the Committee for considering the Com-
plaint of Majr. Lovejoy against Atherton Chaffee Reported that Ather-
ton Chaffee give Bonds to the Chairman of the County Committee for
his future good Behavour in regard to sd Lovejoy, & that he do not mo-
lest him in Possessing the Lot of Land Leased to [Lovejoy] by Order
of sd Committee Or Otherwise be Committed to Goal till further orders
of this Committee.
15th. Voted to Here the Widow Lovels Complaint the 2ª day of the
Next seting.
16th. Adjorned to 6 O Clock in the Morning.
JUNE 22d.
6 O Clock in the Morning met According to Adjornment.
17th. Voted that we recommend to the Commanding officers of Each
Regement in this County do meet one of Each of the Sub:Committees
in the several Towns in the County at the respective Times & places
following, namely, the Commanding [officer] of the Lower Regement &
one Sub Committee man of Each Town in the same regement do meet
at Capt. Sergants in Brattleborough on thirsday the 27th Inst: at one
oClock In the afternoon, then & there to appoint one Capt., Two Lieu's…,
of such men as they shall think most suitable to go into the service of
their Cuntry, & Let them se if they Can Inlist a Company of men to go
to Canady-and the Commanden Officer of the Upper regiment, together
with one Sub:Committeeman from Each Town in the same regement,
do meet at Windsor, at the Townhouse, On thirsday the 26th day of this
Inst. June, at one oClock in the afternoon, there to appoint One Capt.
Two Lieuts, of such men as they shall think best for their Cuntrys ser-
vice, & Let them se if they can Inlist a Company of men to go to Can-
ady; & those Officers so appointed Make return to the Chairman of the
County Committee, of the Number they Inlist, at or Before the 16th day
of July next.
1" Both of these productions "—the letter drawn by Charles Phelps,
and the instructions-" neither of them especially remarkable for beauty
of expression or grammatical accuracy, were of great weight in regula-
ting the future conduct of the Provincial Congress with respect to Cum-
berland and Gloucester counties."-B. H. HALL's Eastern Vermont, p. 262.
Appendix A, No. 1.
351
18th. Voted a Committee be appointed to Rite an answer to a letter
Receive from Mr. Tinbrook, [probably Col. Abraham Ten Broeck.]
Choose Mr. Isreal Smith, Eben Horsington & Capt. Sergeants a Com-
mittee aforesd.
19th. Delebirated On a Petition Exhibited by Dotr. [Reuben] Jones &
Others requesting a reconfinement of sundry persons Under Bonds by
the March Court afair. Passed in the negative as to Contining so per-
sons at presont, But that sd Petition be referd to the Provinsial Con-
gress for their advise on the Expediancy of recommitting sd persons.
20th. The Committee for Considering Col. Wellss Letter reported as
their Opinion that a Committee be Chosen to Examine Colo. Wells in
regard to a Complaint that has ben Exhibited against him & to make
report to this Committee at their next Convention.
21t. Voted that the Chairman of the Committee shall Make Out a
Certificate & sign the same that Colo. Joseph Marsh, Deacon Sessions &
Simon Stevens, Esq., were Duly Choosen as Delegates to sit in Provin-
cial Congress for this County.
22d. Voted to Chuse a Committee & accordingly Choose Capt. Clay,
Mr. Isreal Smith, Mr. Ebenr. Horsington, Mr. John Strong, Mr. Burlin-
game. Mr. Johr. Norton & Maj Tylor, to Join the Colos. of this County
to Carry Into Execution the Resolves of Congress respecting raising
forces, &c. (if necessary.)
234. Voted that Nathe. Bennet be let Out of Prison at Present, his
Procuring 2 Good Surerities for his appearing at Our next siting & abid-
ing the Judgment of the Comittee, and Likewise for his Behaveing
Orderly & well towards all Persons till sd time; But on his ye sd Ben-
nets Ill Behavour his Bondsmen are to Committ him forthwith, or in
Case of Greater danger of ye womans life by ye Illness Broght on her as
has been proved.
24. Voted to adjorn, & accordingly adjorn to the first Tuesday of
Novem", Nine O'Clock in the Morn: Or to meet sooner if Calla For at
this Place.
ADJOURNED MEETING AT WESTMINSTER. JULY 23-26, 1776.
[From the Pingry Papers.]
COUNTY HOUSE, Westminster, 23d of July, 1776.
At a Special Meeting of the Members of the Committee of Safety for
this County-Members Present:
Hinsdale-Arad Hunt.
Brattlebo:-Isreal Smith.
Gilford-Esq. Nichols.
Halifax-
Marlboro:
N. Fain-Luke Knolton, Esq.
Townsend-
Fullom-
( Lieut. Spaldwin,
Joseph Hildreth.
S James Clay,
Putney-Lucas Wilson.
Draper—Mr. Olverd, [Alvord.]
The
66
Elkanah Day,
Westminst: John Norton.
Rockingham-Ebent. Fuller.
Chester-John Chandler.
Kent-Capt. Edward Aikin.
Springfield-Jerathmel Powers.*
Windsor-Ebenr. Horsington.
Hartford-Thos. Hazen.
Pomefret-
Wethersfield-
Woodstock-
Hertford—Jonathan Burk.
Westminster Massacre" of March 13, 1775.
2 First written 224 and altered to 24.
3 Hon. JAMES H. PHELPS is of opinion that Mr. Powers wrote the
given name "Jerathniel."
352
Appendix A, No. 1.
The Members of Fourteen [fifteen] Towns Being Present, Formed
into a body, then Proceeded On Business.
1t. Voted that the Prisoners Now Confined at the County-house, if
found guilty of the Crime or Crimes for which they are Confined, are to
be Treeted and Delt with as Enimies to ye Cause & Liberties of the
States of America.
2dly. Voted that a suitable gard be set Over the Powder Now Depos-
ited in the Jail room in the County-house.
3dly. Choose Ebenr Horsington, Isreal Smith, John Norton, a Commit-
tee to Receive the Return of the Millitia & Alarm men in Order for the
Distributing the Powder receivd for this County, & Likewise to Report
the Number of Effective men in the several Towns to proportion the
powder.
4thly. Voted, to send a Sitation to Colº. Thos. Chandler, Requesting
him to appear the 24th of this Instant, and Bring all papers that will
give any light Conserning the Excise or Licence money.
5th. Voted, that by Consent of Both parties continued Targats [Tag-
gart's] & Bennets affair to the First Tuesday of November Next.
6thly. Voted, that in Consequence of a Complaint Exhibited by John
Chandler Esq., against John Grout of Chester, sent a recommendation
to the Sub-Committee of sd Chester, to call said Grout to an account
Touching sd Complaint & to make Report to this Body.
7th. Adjornd to six OClock tomorrow Morning.
JULY 24th.
Six OClock met according to adjornment & Proceeded.
& Sthly. Voted to Reconsider the sd Resolve respecting the guard Over
the Powder & Resolved that a guard of 1 Sergani & 4 private be Keept
by night & a Sergant and 2 privatt by day, to guard as reccomended as
above.
9thly. Voted, that Landd. [landlord] Nichols provide sa Guard with
Necessary Victleing & half a pint of rum to Each man once in 24 hours.
Likewise Voted, their Wages of s guard be 3 shillings pr. day & 2
shillings pr. Night.
10thly. Voted, to Take under Consideration the Complaint of Abigail
Fuller of Rockingham, against Gardner Simonds of sd Rockingham viz.,
the Complaint of Abigail Fuller of Rockingham, in the County of Cum-
berland & province of New York, single woman, against Garduer Simonds
of sª Rockingham yeoman shueth that the sª Gardner Simonds had Car-
nal Knowledge of your Complainants Body on or [near] the middle of
February last several times. & has & Did there & then get y" complain-
ant With Child with a Bastard Child, & that he the s Gardner is the on-
ly father of sa Bastard Child these are therefore to Desire you to Cause
ye sd Gardner Simons to Come before you that he may find surities for
the maintenance of sd Bastard Child.
Signd.
ABIGAIL FULLER.
the sa Parties Being present & the s Abigail Fuller, the above Com-
plainant, after Being suitably Interegated by the sd Gardner Simons &
Cautioned by this Body made solomn Oath that the above sª Gardner
Simons is Absolutely the father of a Bastard Child, which she is now
pregnant with,
Therefore Resolved that the s Gardner Simons, Give Bonds of Fifty
Pounds and Find two sufficient surities of Twenty-five pounds Each to
answer at a Future Tryal the Complaint of the sd Abigail Fuller as above
Recorded or be Committed to Prison,-the above surities to be Holden
and answer in Nine months.
10thly. Voted to Chuse a Committee & accordingly Choose Esq. Nichols,
Esq. Konlten & Esq. Bridgman to Draft something as Instructions to a Com-
Appendix A, No. 1.
353
mittee Choose the 12th Day of June last past to Examine Publick Accts
give Orders &c.,
11th. Adjorn to 2 oClock Afternoon.
2 OClock afternoon met according to adjorninent and proceeded to
Buisiness.
12th. Voted to Superceed the Order past yesterday recommending to
the Sub-Committee of Chester, to Call Mr. John Grout Touching a com-
plaint Exhibited by John Chandler Esqr- also resolved that the Order
for seizing sa Grouts papers be Null & Void & that no seizure of sª
papers be made.
13th Resolved that Mr. John Grout answer to the Complaint Exhibit-
ed by John Chandler Esq. as above mention at the Next Setting of
the Committee Viz., the first Tuesday of November Next & that the
Complainant serve Mr. Grout with a Bill of Particulars within fifteen
Days after notice of this Order.
14th. the Committee Choose to assertain the Number of Effective men
in this County, in Order to Distribute the Powder. Reported that the
proportion of powder for the South Regement is Eleven Hundred &
Ninety Weight, & to the Upper Regement the proportion is Six Hun-
dred & Ten pounds.
15th. Proceeded to the Tryal of Phinehas Farbank, being sent to the
Goal at Westminster for Counterfeiting, or altering some Bill or Bills
Emited by the Colonies, by the Committee of Safety of Brattleborough ;
& after hereing the Evidence under Oath, Delibirated on the matter,
[and] found s Fairbank not Guilty of sd crime.
16th. Adjorn to 6 O Clock tomorrow Morning.
6 o clock, met according to adjornment.
JULY 25th.
17th. the Committee Choosen to Draft Something as Instructions to a
Committee Choosen ye 12th of June last, to Examine Publick Acets, &c.,
Reported as their Opinion that all Persons Employd by the County Com-
mittee be paid by the County, & no Other, & in perticular the Chairman
Ought to be allowd for his Extreordinary Expenses in Calling the County
Committee on Extreordinary Occasions together, or any other Extreor-
dinary service, and likewise all Sub:Committees, or any Other persons
that are Appointed by the County Committee to Do Business for the
County-the Same passed into a Vote.
JULY 24th.
Then Personally appeared before this Committee Gardiner Simons as
Principal, and acknowledged himself to be indebted to this County Com-
mittee in the Sum of fifty Pounds-and Colburn Preston and William
Sterns, as Sureties, in the Sum of twenty-five pounds each in Manner
following (viz.) :—the Condition of the above Obligation is Such that if
the aboves Gardiner Simons shall be ready to answer a Complaint ex-
hibited Against him by Abigail Fuller for being the father of a Bastard
Child, by which she (on Oath) has declared he is the father, &c., at the
Expiration of Nine Mouths from the Date hereof-then this Obligation
is void, otherwise of force.
Test,
JAMES CLAY, Chairman.
25th of July Took under Consideration the Case & Complaint of the
Widdow Hannah Lovell against Lieut. Philip Safford. Both of Rocking-
ham, Whereby the sd Widdow Lovell Complains against the sd Safford,
for Unjustly and by Force Taken Possession of a lot of land being the
property of & in the peasable possession of her the sd Widdow.
Voted that the above sa Phillip Satford be removed from the lot which
he the sa Safford has by force & arms Taken possession of from the sa
354
Appendix A, No. 1.
Widow Hannah Lovell and that the s Hannah be put Immediately
into Possession of sd Lot of Land.
18th. that Lieut. Spaldwin make suitable Confession to this Committee
for his Conduct in Taking Colo. Wells by Millitary force, that mode of
proceeding Being Contrary to the minds of this Committee and also a
Violation of one Certain Resolve formerly passed by this Committee.
Mr. Spaldwin Complyd with the above Vote by his making proper Con-
fessions &c.¹
19th. Adjornd to 2 OClock afternoon.
2 O'Clock afternoon met according to adjorument.
20th. Voted that Col. Same Wells Come before this Body & Be Ex-
amined Touching a Complaint Exhibited to the County Committee.
against him the sd Wells.
21. Voted, that the Case of Benjamin Gorton be Referd Up to the
first Tuesday of Novm" Next, Finding 2 good Surities of fifty pound
Each together with giveing his own Bond for one hundred pounds for
his apercance at that time.
224. Voted, to Chuse a Committee & according Choose John Bridgman
Esq. Mr. Olverd & Mr Arad Hun to Wait on Col. Wells & inquire in-
to & se What County Monies may be in his hands & Report to this Com-
mittee.
23d. Voted, that Col. Wells be Directed to settle with Capt. Benjamin
Burt, former County Treasurer, as soon as may be.
24th. Voted, that the Powder Which is sent to this County by the Pro-
vincial Congress of New-York, be delt Ont to the several Towns Commit-
tees according To the Number of the Inhabitants in the several Towns,
and that the persons Receiving the same give a Receipt to the Chairman
of the County Committee for the Quantity they receive, & that the same
be kept as a Town Stock, not to be Delt out without some Extreordinary
Occation ; & if it is Delt Out, & not Used, that Every man return the
same to the Town Stock again.
JULY 25th.
25th. Proceeded to the Tryal of Edward Smith, being Committed to
Goal for Counterfiting sertain Bill or Bills of Credit Emitted by the Col-
onies, & after hearing the Evidences, they being duely sworne, & De-
liberating on the Case, do agree & Resolve that s Smith by name,
together with the Circumstances of the Case, be put into the public Ga-
zatte, signa by ye Chairman. & that he, s Edward Smith, pay the Costs
& Charge before he depart from the Goal. Bill of Cost Filed amounting
to £10 4, & Paid up. Adjornª to tomorrow Morning, 6 O Clock.
1
¹ To this vote B. H. HALL added the following:
In the New York Gazette of June 23d 1777, it is stated that “Judge
Wells of Brattleborough had been lately confined to his farm and other-
wise ill-treated," and it is known that, for a long time, permission was
granted to any one to shoot him should he be found beyond the bounds
of his acres.
Although this was published a year at least after Spalding arrested
Cl. Wells, it is broad enough in its terms to cover that event. Wells
was an avowed Royalist and a member of the Colonial Assembly of New
York from Jan. 1773 to the end of that body, April 3 1775. His family
was rewarded by the British government for his services. See Eastern
Vermont, pp. 718-725. Spalding was a sturdy Whig, once arrested for
treason to British authority, and an early friend of Vermont's Indepen-
dence. See Eastern Vermont, p. 262, and Vt. Historical Collections, vol. 1.
Appendix A, No. 1.
355
JULY 26th.
Six O Clock in the morning, met according to adjornment.
26th. Voted, that in Consequence of Divors Complaints of John Grout,
it is Recommended that if the s Grout shall be accused Between this
time and the next setting of this Committee. that he be not brought be-
fore or Tryed by the Committees of Rockingham or Chester, or Either
of them, But Before the sub:committee of some Other Neighbouring
Town.
27th. Resolved, that any person knowing of any Criminal Correspon-
dence keept up between any person or persons in this County and the
King's Officers in the army at Canady, on giveing notice thereof, shall
Receive the Utmost Protection from this Committee.
28th. Voted to Hear Mr. John Grouts Complaint against Thos. Chan-
dler Jur. Esq., & Directed him the 84 Chandler to appear Before this
Committee the first Tuesday of Novem". Next & Strictly Injoyned him
to be of the good Behavour towards the sd Grout & his family in the
mean Time.¹
MEETING OF THE COMMITTEES OF CUMBERLAND AND GLOUCESTER
COUNTIES AT WINDSOR, August 6, 1776.
[From the Pingry Papers.]
AUGUST 6th, 1776.
The Committee of the County of Cumberland In Conjunction with
the Committee for the County of Glouster, meet at Windsor Town-
house in Order to appoint Officers, such as Capts. Lieuts. &c., for a
Ranging Department granted by the Provincial Congress at N: York,
viz: 252 Out of the Counties of Cumberland & Glouster, to the Com-
mand of Which they have Appointed & Commission Mr. Joab Hosing-
ton [Hoisington] Major.
Following Members Being Present, Formed into a body & Proceeded
to Buisness:
Mr. Tylden,
Lieut. Strong,
Benja. Emmons,
Capt. James Clay,
Isreal Burlingame,
Elkanah Day,
Capt. Curtis,
Eben. Fuller,
Eben. Hosingt ›n,
Jona. Burk,
Mr. Upham,
Lieut. Powers.
Colo. Kent,"
Choose Capt. Clay, Chirman, and Dr. Elkanah Day, Clerk.
1t. Agreed to appoint 3 Capts. and 4 Lieu's in the County of Cum-
berland, and one Capt. & 4 Lients in the County of Glouster.
1
Judge PINGRY suggests that four pages [a sheet] or more following
this entry are lost. The fact that no adjournment to a future day is en-
tered, if unexplained, would countenance this supposition: but the
meeting of July 23- 6, 1776, was a special one, as was also that of Au-
gust 6th, and neither adjourned to a future time. The meeting of June
21-22 adjourned to the first Tuesday of November, when the Committee
met pursuant to that adjournment. The editor believes for that reason
that no part of the record has been lost, and for still another, to wit: the
records of July 23-26, and of August 6, and the beginning of the record
of Nov. 5-8, are upon one and the same sheet.
* Stephen Tilden of Hartford.
Col. Jacob Kent of Newbury.
1
•
356
Appendix A, No. 1.
2ª. Proceeded to Chuse the Officers for Cumberland County. 1st. Ap-
pointed Benjamin Wait of Windsor ye 1t. Capt. in the above Depart-
ment. Elisha Hawley 1. & Zebelon Lyon [24] his Lieuts. [All com
missioned by New York.]
3dly. Appointed Majr. Joel Marsh, Capt. in sa Department. [Not com-
missioned, and probably declined.—See 5thly.]
4y Appointed Cap Sam Fletcher [of] Townsend a Capt., Benj.
Whitney [of] Westminster, 1t. Lieut. [Abner Seelye commissioned in-
stead of Mr. Fletcher; Whitney was commissioned.]
5thly. Voted to Chuse a Committee, & accordingly Choose Thomas
Hazen, Stephen Tylden, Lieut. Strong, J. Winchester Deny [Dana,] to
Join the Committee of Glouster County to appoint their proportion of
Officers for the above Arangement, Viz. 1 Capt. & 4 Lieut., & to meet
at Abner Chamberlains in Thetford Next Tuesday at 10 OClock Be-
forenoon & to appoint a Capt. In sted of Maj" Marsh in Case he refuse
―also appointed Colo. Kent to mannage sª meeting & make proper return
to New York, sign by the Charman.
6thly. Voted that the sub-committees of the several Towns in this
County to se the Association Containd in the Late Handbill from N.
York is Universally subscribed to & the Refusers to sign Proceeded
with According to s Handbill.'
'B. H. HALL has stated that much dissatisfaction prevailed as to the
manner in which this meeting was conducted. Only twelve members
of the Cumberland County Committee of Safety were present, with one
from Gloucester county. The chairman was unwilling to proceed, but
was overborne by Major Hoisington, who insisted that a quorum was
not necessary for the business of nominating officers. Perhaps the chan-
ges ultimately made were occasioned by this dissatisfaction. The meet-
ing was held at Thetford to name the officers for Gloucester county,
the full list was read in the Provincial Convention on the 26th of Sep-
tember, and the officers commissioned were sworn on the 10th of October.
The number of Rangers authorized to be raised on the 23d of July was
two hundred and fifty, divided into four companies, the whole to be under
the command of Maj. JOAB HOISINGTON. The company officers from
both counties ultimately commissioned were the following:
Captains.
Benjamin Wait,
John Stroug,
Joseph Hatch,
Abner Seelye,
First Lieutenants.
Elisha Hawley,
Eldad Benton,
Simon Stevens,
Benjamin Whitney,
Second Lieutenants.
Zebulon Lyon,
John Barnes,
Amos Chamberlain,
Jehial Robbins.
Capt. Seeley resigned Dec. 22 1776, having been named Captain in
Warner's regiment by the resolution of the Continental Congress of
July 5 1776.
He was afterward commissioned by Vermont.-See B. H.
HALL'S Eastern Vermont, pp. 265-8, 772.
Appendix A, No, 1.
357
MEETING OF CUMBERLAND COUNTY COMMITTEE AT WESTMINSTER,
Nov. 5-9, 1776.
[From the Pingry Papers.]
TUESDAY, 5th Novemr. 1776.
The County Committee Met according to Adjornment. A Number
but not a Sufficient Coram to Proceed to Buisness the Members Pres-
ent Concluded to adjourn to tomorrow morning Nine O Clock, at the
County House.
Meet according to adjornt.
Putney - { Capt. James Clay,
Lucas Willson.
Rockingham-Will Simons.
John Chandler,
Chester-Capt. George Earl.
Hallefax-Pelatiah Fitch.
Newfain-Luke Knolton, Esq.
Winsor-Eben". Hoisington.
Woodstock-Benja. Emmons.
Wilmington
[or] Sam King.
Draper-
Members Present
NOVEMR. 6th.
Townsend-Capt. Fletcher.
Westminster-Dr. Day.
Lt. Norton,
Hindsdale-John Bridgman, Esq.
Gillford-Esq. Nichols.
Fullom-Lieut. Spaldwin.
Brattle-Capt. Sergants.
Springfield-Simon Stevens, Esq.
Kent-Capt. Akin.
Formed into a Body & Proceeded to Business.
1t. Voted that [the] Case of W. Tagart against Nathel. Bennet Be
Continued up to the Next Sitting of the County Committee.
24. Adjorn to 3 O Clock afternoon, then to meet at this place.
3 OClock afternoon, meet according to ajornment.
3dly. Voted to sight Jonathan Fuller to appear forthwith Before the
County Committee to answer to Ichebod Ide, Jur.
4th. Adjorn to tomorrow morning seven oclock.
NOVEMR 7th.
7 o Clock in ye morning, met according to adjornment.
In Consequence of a Petition from Alexander Kathan of Fullam,
against Ebenezer Haven, seting forth that said Haven has Deprivd said
Kathan of a certain run of Watter, Voted, that it be recomended to the
Committee of Fulham to remove Said Nusance, that the Water may run
in its Naturall Course; & we also Desire that you would See to it That
all Such [Disputes] be Setled in your Town H[ereafter, and] that no
Person be Deprivd of that Which God & Nature [have given] by no
Means Whatsoever.¹
Voted, that whenever there is any thing that is Perferred [to] this
Committe that has a Tendency to Disquiet and Perplex the good people
of this County and this Committe whereby we are Detained & hindred
of Carriing on business that whoever of said parties shall fall in the Rear
Damages Shall be awarded and on failure of Immediate payment or Suf-
ficient Sureties shall be Committed till payment is made.
Voted, by this Committe that the Committe of Safety for the Town of
Westminster Immediately take Solomon Phelps and Convey him to ye
¹Portions of two leaves are gone, and the missing words are supplied
by Conjecture.
358
Appendix A, No. 1.
Comee of the Next Town and so on till he is Conveyed as was the Prac-
tice in times Past till he is Conveyed to his own home.¹
1
Voted, Gen it is our minds to move that the Letter Drawn by Esq.
[Charles] Phelps and signed by the Chairman of this Committe may be
by order of this Committe withdrawn from the Convention of this State
[New York.]
Voted to with Draw this Letter."
This Meeting was adjourned till 2 º Clock in the afternoon of this Day.
We, the Subscribers, Being Members of the Committee of Safety for
the County of Cumberland, think our selves Bound in the Strongest Ob-
ligations to stand For the Pease & Good Order of this County, Under the
Directions of Hon the Continental Congress, & we Whose names are
hereunto subscribed are of Opinion that the Major part of the sa Com-
1
66
¹ SOLOMON PHELPS was the first son of Charles Phelps. In reference
to this vote B. H. HALL said: Complaint was made, and the fact was
proved, that Solomon Phelps of Marlborough had made himself obnoxi-
ous to those engaged in administering the affairs of the county;" this
probably meaning that he had interfered improperly and to the vexation
of the Committee after he had ceased to be a member of it. Mr. Phelps
was a Whig, but unfortunately he was occasionally insane.—Eastern
Vermont, pp. 277, 691.
เ
"The letter of the 21st of June was very distasteful to the New York
Convention. That body had authorized the raising of a force of two
hundred and fifty Rangers, and on the 24th of July 1776 commissioned
Joab Hoisington as major commanding. When the question of furnish-
ing money and military supplies came up, opposition was made on the
ground that the fidelity of the county to New York was doubtful. The
matter was settled by voting money for the wages and rations of the Rang-
gers, but entrusting it to a Committee, whose duties were to see that it was
faithfully applied and to consult with the general Committees of Cumber-
land and Gloucester. This Committee was instructed to inquire into
the temper of the inhabitants of said [Cumberland] County, and the
grounds of any discontent which may prevail among the uninformed, or
which may be encouraged by designing men, and use their endeavours
to remove the same, and to frustrate any attempt to sow the seeds of
jealousy and disaffection. And, lastly, that they represent to the com-
mittee of the said county of Cumberland, the wisdom and propriety of a
revision of the said letter, [of June 21,] and of an unreserved submission
of the said county to the jurisdiction of this state, [New York,] so that
all causes of distrust may subside, and the harmony which is so essential
at this important conjuncture, may be fixed on the surest foundation.”-
Eastern Vermont, 263-274. When the Cumberland County Committee
met, in November, its members were embarrassed by danger apprehend-
ed from the British forces under Gen. Carleton, then on Lake Champlain.
The support of the Rangers was greatly needed, and it was therefore im-
portant to retain the aid of New York. These considerations undoubt-
edly influenced the majority to withdraw the letter of the 21st of June.
Appendix A, No. 1.
359
mittee act Repugnant to the resolves of the Hon Continental Congress :
therefore, we Whose names are Hereunto Ennexed, Enter Our Disent
from sd Committee of Safety, and Our Protest against the further Pro-
ceedings of this Committee as Committee of Safety for the County.
Westminster, 7th Novem". 1776.
We whose Names are to this an-
nexd. moove that ye Protest above
Written may be withdrawn, & we
to Join again as members.
John Chandler,
Eben
Hoisington,
Wm. Simons,
Joseph Hildreth,
George Earll,
Leonard Spalding,
Sam Fletcher.
Adjornª to 7 o clock Tomorrow Morning.
John Chandler,
Wm. Simons,
Leonard Spalding,
Joseph Hildreth,
George Earll,
Eben. Hoisington,
Samel Fletcher.¹
NOVEMR. 8th.
7 o clock in the Morning meet according to adjornt.
Voted to Chuse a Committee, & according Choose John Bridgman,
Esq. Eben. Hoisington, Dr. Fitch, John Chandler, Esq., & Esq. Knol-
ton To Deliberate on Withdrawing a Peise Sent to the Provincial Con-
gress of Esq. [Charles] Phelpss Draft Touching being Laid to Massachu-
setts Bay or some Other State, & to frame something to send in its sted
and to make Report.
Took under Consideration the Case of Benjamin Gorton Being Bound
Up to this Time & setting of the County Committee-and find no Evi-
dence or any Person to Accuse him the sd Gorton, therefore Discharge
him by Giveing Up his Bond.
Adjornd. to Two O Clock afternoon.
2 O Clock afternoon & Meet according to Adjornment.
Took under Consideration the Complaint of Mr. John Grout against
Majr. Thos. Chandler, [Jr.,] 13 Members Being Duly sworne, & after
¹ All doubtless deemed it important to preserve the rights reserved in
the letter of June 21, but a majority of them esteemed it to be so in
view specially of the independence of Vermont. Mr. Fletcher was a
member of the Dorset Convention of July 24, 1776, and of the West-
minster Conventions of Oct. 30, 1776, and Jan. 15, 1777; Messrs. Hois-
ington, Hildreth, and Spalding were members of the Dorset Convention
of Sept. 25, and the Westminster Convention of Oct. 30, 1776; Mr.
Hoisington was a member also of the Westminster Convention of Jan.
15, and the Windsor Convention of June 4, 1777; and Mr. Spalding was
also a member of the Convention last named. It will be observed that
the compromise agrced to on the same day, on which these gentlemen
resumed their seats in the Committee, reserved the right of appeal from
New York to the Continental Congress. This confirms a report, which
one of the committee of the New York Convention made a few days be-
fore, (Nov. 3,) that was on the whole unfavorable to the jurisdiction of
New York.-Eastern Vermont, p. 276.
360
Appendix A, No. 1.
Meturely Deliberating on the Case Resolve that Mr. Thos. Chandler,
Jur pay to the sd. John Grout the sum of six Pence York Currency, &
pay the Cost Equally Between them, & that the Parties be Repre-
manded by the Chairman In Presents of the Whole Board.
adjornd. to tomorrow Morning 7 o Clock.
NOVEMR. 9th.
7 oClock in ye morning Meet According to Ajornment.
The Committee appointed by this Body to Take under [Consideration
the] Expediency of the Letter sent from this Body Dafted 21 June
last] Touching Being Laid to some Other state, &c. &c. Re[port] That
whereas the Committee of the County of Cumberland [have received] a
Handbill from the Convention of the state of New York [directing this
Committee to Withdraw a Letter which was sent to them from this
[body, bearing] Date 21t. of June Last; we the Committee as afore sª,
Having Taken [the same under] Consideration, Report, that sd. Letter
Ought to be withdrawn, [but that we not]withstanding Ought to Enjoy
all the priviledges that any County [in this State] Enjoy, & that we hold
it Our Right to Present to the Honourle the [Provincial Congress] of
this state a Petition & Remonstrance seting forth those Grieva[nces that
are the] Cause of the Uneasiness that subsists among us, for their wise.
[Consideration] & redress, & if on proper Delibiration it may be thought
proper a [separation] should be most Condusive to the peace & Happi-
ness of this County, we Do not [preclude] Ourselves from the Priviledge
of Presenting Our Petition to the Hone the Continental Congress for
their wise Determination we still mean to pay all Due Defference to the
state of New York and pay our proportion of the Necessary Charges of
the State.¹
Voted to Accept the above Report & that a Coppy be sent to the
Hou: Convention for the state of New York, signd. By the Chairman
of this Committee & attested By the Clerk.
Voted to Adjorn, and accordingly Adjornd. to the First Tuesday of
June Next, Nine O Clock Before noon, then to Meet at this Place, & not
Sooner Except on an Emergent Call.
From this period the influence of the controversy with New York
upon Cumberland county is visible. A town meeting in Brattleborough,
held on the 22d of April, 1777, declared that, as they had always owed
allegiance to New York, so they would continue to pay that allegiance,
and would strictly adhere to such directions as might be sent from the
Convention of that state; and Israel Smith was sent to the New York
Convention with instructions to report that a majority of the property
holders of the county were of like opinion, although the spirit of faction
was so rife that it was dangerous to speak against the new state of Ver-
mont. May 5, 1777, the New York Convention instructed the several
towns to elect "active, spirited and discreet subjects of this State, as
they shall deem proper for members of the several Committees [of Safe-
ty] within their respective counties;" but at the election in Windsor, on
¹ Part of the record of this report is torn off, and the lost words are
supplied in brackets, nearly as in B. H. Hall's Eastern Vermont, p. 278.
2 B. H. Hall's Eastern Vermont, pp. 291-2.
8
* Printed hand-bill among the Pingry Papers.
Appendix A, No. 1.
361
the 20th of the same month, it was voted by a great majority not “to act
according to orders from the State of New York." The fact that other
towns failed to elect members of the county Committee is doubtless
chargeable to like hostility to New York.
The following documents show that New York felt the impending
danger in Vermont, where an independent government was then about
to be set up by the adoption of a constitution in the following July.
INSTRUCTIONS TO COUNTY AND SUB-COMMITTEES.
[From the Pingry Papers.]
In CONVENTION of the REPRESENTATIVES of the STATE OF NEW YORK,
Kingston, April 21, 1777.
Resolved that it be and it hereby is Recommended to all County and
Sub Committees in this State to use their utmost endeavours to appre-
hend Secure and otherwise according to their discretion to dispose of all
such parsons [persons] as they shall conceive to be inimical or danger-
ous to this State untill the further orders from this Convention or futer
Legislature of this State allowing the parties to be hereby affected the
right of appeal from any Sub Committee to the General Committee.
Extracts from the minuts,
ROBRT. BENSON, Sec'v
W
In CONVENTION of the REPRESENTATIVES of the STATE OF NEW YORK,
at Kingston, May 5, 1777.
HEREAS it hath been found by experience, that the several Com-
mittees within this State, have greatly contributed to the public
security and defence, by expediting the measures necessary for the gen-
eral weal; and whereas it will be necessary that the salutary influence
of such Committees should be continued until the government of this
State shall be firmly settled, and obtain its full energy and vigour:
THEREFORE RESOLVED, That it be recommended to the inhabitants
of this State, to choose such active, spirited and discreet subjects of this
State, as they shall deem proper for members of the several Committees,
within their respective counties, and to continue as member of such
Committees until the first day of October next; and although the office
of a member of any of the said Committees is extremely painful and
laborious, yet as the service will probably expire before the said day, it
is most carnestly recommended to the good subjects of this State cheer-
fully to undertake, and vigilantly to execute the said office; more espe-
cially as the last hope of our dispirited foes is now grounded upon those
intestine divisions which they so assiduously labour to promote, by the
assistance of which they expect to accumulate greater evils upon a coun-
try which they cannot subdue, and without which all their diabolical de-
signs must prove utterly abortive.
By order,
Attest, ROBERT BENSON, Sec'ry."
ABRAHAM TEN BROECK, Pres.
This is a copy from Secretary Benson's copy, with errors chargeable
to the person who made the copy.
This is from a perfectly preserved printed copy, bearing on the back
of the sheet what seems to be the autograph of "Simon Stevens, Spring-
field."
25
362
Appendix A, No. 1.
In CONVENTION of the REPRESENTATIVES of the STATE OF NEW YORK
Kingston, May 5th, 1777.
Resolved that the Committees of the County of Albany,' Tryon, Char-
lotte,¹ Cumberland,¹ Glossencester, [Gloucester,¹] Ulster and Orange be
requested and empowered to take the most effectual measures to Prevent
Surpress and quell all insurrections, revolts and disaffections within
their respective Counties, that they be impowered to call out the malitia
of their respective Counties, and that they Cause all such traitorous In-
habitance of this State as Shall be found in Alms [arms] against the au-
thority of the Same, to be Destroyed or otherwise Effetuely Secured and
that this Convention will Defray the Expence of Effecting the above
Resolve.
Extract from the minutes,
ROBT. BENSON, Secr'y. 2
[May 10, 1777.] Whereas it hath Ben Sugested [to] this Convention
that the County Commite of the County of Comberland Cannot be Col-
lected together but with grait Dificulty-Resolved that Such of the
members of the Said County Commite as on Duely Regular notice for
the Convening of the said Commite shall meat Be authorized to Pro-
seed to Buiseness.
Extract from the minits,
ROBERT BENSON, Sec'y. 2
In COUNCIL OF SAFETY for the STATE OF NEW YORK,
Kingston, May 19th 1777.
Resolved that the Sherifs of the several Counties in this state who are
not already qualified for executing their offices do qualify themselves
without Delay: and that they and all other Sherifs already qualified do
as soon as possible respectively give public notice in their respective
Counties for the Elections of Governor Lieutenant Governor and members
of Assembly; and also for the Election of Senators for the respective
great Districts within this State; to the End that the Electors may have
the longest possible notice before the Election to be had for each Dis-
trict and in each County respectively: And that the said Sherifs respec-
tively proceed to such Elections without waiting for any further Warrant
or Authority so that the returns thereof may be duly made to this Coun-
cil of Safety at the time and in the manner prescribed by an Ordinance
1 These New York counties embraced the whole of Vermont-the
western half in name only, being reckoned in revolt within the meaning
of this resolution. Jan. 1, 1777, referring to an order of Washington to
Gen. Gates to march the troops under his command to the banks of Del-
aware river, the New York State Committee of Safety wrote to him
thus:
“On this occasion we beg leave to lay before your Excellency the true
situation of this state. It formerly consisted of fourteen counties, of
which five, and a part of the sixth, are in possession of the enemy, and
a considerable part of the inhabitants of Gloucester, Cumberland, and
Charlotte, appear determined to shake off their dependence upon us, so
that above one half is lost; of the remainder, a considerable proportion
is disaffected, and ready upon a favorable opportunity to join the enemy."
-Eastern Vermont, 281, 282.
2 Both of these are manuscript copies, the one of May 10th apparently
by Simon Stevens. The errors in orthography, &c., are doubtless
chargeable to those who made the copies.
Appendix A, No. 1.
363
of the Convention of this State for Organizing & Establishing the
Government agreed to by the said Convention made and published the
Eight day of May instant.
A true Copy from the Minutes,
To the Sherif of Cumberland County.-Copy.'
JOHN MCKESSON, Secry.
MEETING OF COUNTY COMMITTEE AT WESTMINSTER, JUNE
4 AND 5, 1777.
Towns names.
[From the Pingry Papers.]
Mens names.
Westminster-Mr. Michael Gilson.
James Clay,
Putney-Lucies [Lucas] Wilson.
Obadiah Wells,
Brattleborough-John Sergents.
Hindsdale- Eleazer Paterson,
[Vernon,] Amos Tute.
Towns names.
Hartford—Mr. Hazen.
Springfield
Mens names.
Simon Steavens,
James McCornick,
Kent-
Pomphret--
Jerahel Powars.
[McCormick.]
John Danee, [John
Winchester Dana.]
Wethersfield - Maj. [Hilkiah] Grout.2
WESTMINSTER June ye 4 1777.
The above Gent. Being Chosen and Returned to serve as a County
Committee of Safety for the County of Cumberland being meet and
formed into a body at the County house in Westminster on the Day
above said did proceed to act on the following articles-
Firstly-Choose Capt. James Clay, Chairman.
Secondly-Choose Simon Stevens, Clerk.
Adjourn Untill two o Clock P. M.
Meet according to adjournment.
& petion [petition] of Abigail Evens Reed,
TWO OCLOCK.
This entry is made in one copy of the minutes and not in the other;
but the petition itself is with the minutes, and probably it was presented
to the Committee. It was as follows:
¹ This was probably addressed to Paul Spooner, who was chosen sheriff'
by the New York Convention on the 5th of May 1777. He declined
the office, but the New York authorities seem to have had no notice of
the declination until the 15th of July-a few days after Doct. Spooner
had been appointed one of the Council of Safety for the State of Ver-
mont. Like orders for Gloucester county were sent to Gen. Jacob Bay-
ley, who on the 14th of June wrote to the New York Committee that he
had received the ordinance of that committee, that the sheriff had or-
dered the towns to proceed to the elections, but that it was not probable
the people would choose any members to sit in the Legislature of New
York - and they did not.-Eastern Vermont, 299. Gen. Bayley, too, be-
came a member of the Vermont Council of Safety ere a month from
the date of his letter had elapsed.
*There are two copies of the minutes of this meeting, one of which
does not contain Mr. Grout's name.
364
Appendix A, No. 1.
To the Honorable Committee Now Setting at Westminster.
The petition of Abajall Evens to your Honors Humbly Sheweth that
your petitioner was Taken by the Commitee of Brattleborough and con-
find in gaol on Suspicion of my being gulty of Some Creminal act or ac-
tion against the States of America &c-
and as the Law of this State is Such that when any person found guilty
of any Suspetted Crime by the Commitee of any Town in this State the
County Committee are To Try them and Either Clear or Condemn-
and as your Petitioner is Susspicoss that this Commitee is at a Loss
wheather to Try me or not—————
these are therefore to Desire you to go on to Tryal that if any thing
be found against me I may Recd [receive] my punishment and if Ino-
sent that I may go home to my poor Children, as you must be Sencible
it must be hard for a poor Woman to be in Confinement from her family
that is Inossent-
as your petitioner is in Duty bound Shall Ever pray
June 34 1777 Westminster.
ABEJALL EVANS.
To the Chareman of the Commitee of County of Cumberland in province
of New York.
Adjourn till tomorrow Nine o'Clock.
JUNE ye 5.
3ly. Voted not to go upon the Publick Bisness of the County untill a
fuller Number of the Committee [is present.]
4ly. Voted to adjourn this Committee untill the Seaventeenth Day of
this Instant June at nine oClock Before noon, then to meet at this place.
ADJOURNED MEETING AT WESTMINSTER, JUNE 17 AND 18, 1777.
Westminster June the seaventeenth the Committee meet according to
adjournment.
Members Present-
Putney-Capt. James Clay, Chairman; Luicas Wilson.
Westminster-Michael Gilson.
Brattleboroug-Obidiah Wells.
Springfield-Simon Stevens.
Weathersfield-Hilkiah Grout.
Hensdale-Elezer Paterson.'
Adjorn" [until] tomorrow nine o Clock: and then meat according to
adjornment.
[June] 18. Voted, to Adjorn this Committee to the Twenty Six Day
of this Instant, to Meet at Ten of the Clock in the fournoon on said Day,
at the house of Capt. John Sargents in Brattleborough.'
BRATTELBOROUGH June ye 26: 1777.
Meet according to aJornment, at Time and Place of the Ajornment.
¹ Mr. Patterson's name is omitted in one of the two copies, and prob-
ably he was not present. The subsequent "Representation" is, that only
five towns were represented on the 17th.
2 On another sheet, apparently the original minutes, is this entry:
"The house when met thot not fit to go on upon Buisness But ajoyrned
to Brattleborough," &c.
Appendix A, No. 1.
365
Members Present-
Putney-James Clay and Lucias Wilson.
Westminster-Mr. Michael Gilson.
Mr. Obadiah Well, [Wells,]
Braterborough-Capt. John Sargent.
New Fane-Luke Knolton, Esqr.
Weathersfield-Hilkiah Grout.
Hensdel, [Vernon,]—Col: Eleazer Paterson and Mr. Amos Tute.
first-Voted and Chose Hilkiah Grout Clerk pro Tempore.
2. Voted, To make a True Representation of the Broken State of the
Inhabitance of the County of Cumberland, and Assign Some Reasons
why the County Committee, Did not Proceed agreable To the Resolves
of the Convention of the State of New York, in Respect to their Choos-
ing Governor and Deligates to Send to Convention.
3ly. Voted, to Choose a Committee to Draft a Representation and
Lay it before the Committee. Choose Capt. James Clay, Mr. Eleazer
Paterson, and Helkiah Grout for the Purpus above said.
The above Committee Reported.
The Committee appointed to Draft a Representation as in the third
article Reported as follows:
Persuant to the Resolves of the Honorable Convention of [the] State
of New York appointing the Committee of the County of Cumberland
to assist the Sheriff in Holding the Election of Governour, Lt. Gover-
nour, Senitors, &c., the County Committee from eight towns meet on the
fourth Day of June Instant and proceedid to make Choice of Capt. James
Clay, Chairman, and Mr. Stevens, Clark, and after Deliberating on the
Important affair and Broken State of the County, adjourned untill the
Seventeenth Day of June Instant, at which time they meet according to
adjournment from five towns, but the Sheriff'¹ having Resigned his Com-
mission and Intirely Refusing to act thereon, and the Committee being
terrifyed with threats from the people who are Setting up a new State
here, they thought it Imprudent to proceed to any Business and ad-
journ to meet at Brattleborough on this 26th Day of June, where they
are meet according to adjournment from six towns, and where also a
number of men who are appointed by Several towns to make their Dis-
approbation to the Proceedings of the Late Convention at Windsor pub-
lickly Known in some proper manner, meet the Committee and Joyne
with them, and in Representing the Broken and Disordered State of the
County, and making their Disapprobation to the proceedings of the Late
Convention at Windsor Known to the Honourable Convention or As-
sembly of the State of New York.
We therefore the Committee of the County of Cumberland, and oth-
ers, Specially appointed by the Towns of Weathersfield, Westminster,
Putney, Brattleborough, Hindsdale, and part of Guilford for said pur-
poses, Do Represent as follows, viz. that the Convention, held at Wind-
sor on the fourth day of June Instant for the purpose of Establishing
there new State of Vermont, have taken into their Possession the Prison
of this County and have strictly forbid all Committees acting under the
athority of the State of New York, so that it is Become Impracticable
for the County Committee or any other Comtee to proceed to any pub-
¹ Doctor Paul Spooner, who joined "the people who " were "setting
up a new state."
* Guilford had no regularly appointed committee-man present, but
doubtless some person to represent the New York party in that town.
366
Appendix A, No. 1.
lick Business in this County, and that several prisoners now in Prison in
the County, who might have been set at Liberty agreable to the Re-
solves of the Convention of the State of New York, are still Kept in
prison in the most Pitifull Circumstances, and are so Like to Continue-
and that the publick peace is in so [far] Interrupted by the Proceeding
of this Convention at Windsor, and those Disorderly persons who are so
warmly engaged in Supporting the Illegal authority of their New State,
that it hath already Considerably Hindered the Raising men for the
Common Defence-and we think we have Reason to Beleave that if a
stop is not Speedily put to this Spirit of Disorder which Rages so vehe-
mently here, that a final period will soon be put to any further provision
being made in this County for the Common Defence of americà.
We further Represent that a Considerable number of the people in
this County who are so warmly engaged in the secting up their new
State have not any or but Little property which they can Claim under
any Grant whatever: and that we Really Beleave that the Leaders of
the people who are for the new State in this County are persuing that
which they Esteem their privit Interest and prefer that to the publick
weal of America-and that they are Determined to support the athority
of their new State at all events, and we Really Beleave that without the
Interprsion of the Honourable Continental Congress, they will neaver
submitt to the athority of the State of New York untill obliged so to Do
it by the sword.
And we Do hereby solemnly Declare that we Intirely Disapprove of
the proceeding of the Late Convention at Windsor, and of all other per-
sons whatever acting under authority of said Convention, and that we
will at all times do our best endeavour to support the Leagal athority of
the State of New York in this County.
Signed by order of the Commtee and those other persons Specially ap-
pointed for the purposes aforesaid.
JAMES CLAY, Chairman.
Dated at Brattleborough ye 26 day of June A. D. 1777.
To the Honourable Convention or assembly of the State of New York.
4ly.
Voted to except the Report of the above Committee and that it
be sent to the Convention of the State of New York.
5ly. Voted that Mr. Eleazer Patterson and Hilkiah Grout be ap-
pointed to Carry the Representation of this Committee to the Conven-
tion at the State of New York.
6ly. Voted to adjourn untill tomorrow morning at Seven o Clock.
Mett according to adjournment.
JUNE уº 27.
7ly. Voted that Whereas the Committee of Safety of the State of
New York Did on the 22 day of January Last authorize and Impower
the General Committees of the Countyes in this State to appoint and as-
sign fit and sutable places for Innoclation for the small pox-the Com-
mittee of the County of Cumberland do therefore by the athority and
Trust Reposed in them by the Committee of the State of New York, Do
allow and approve that a house may be Built in the town of Brattlebo-
rough for the purpose of Innoculation in such a part of the town as shall
be appointed by Mr. Obadiah Wells, Capt. John Sergent, and L Israel
Smith, and they to have whole Care and Inspection over said house that
the small pox Doth not Spread.
Mr. Patersons and Grouts Credentials.
These are to Certify to the Honorable Convention or Assembly of the
State of New York that Colo. Eleazer Paterson and Majr. Hilkiah Grout
the Bearers hereof was this Day appointed by the Committee of this
Appendix A, No. 1.
367
County to Convey to the Assembly or Convention the Representation
and Disapprobation herewith to them Commited, and also the expence
of his Journey is born by private Subscription as the Disorder State of
the County Renders it Impossable to Rase any money in a pubblick way,
therefore the Committy prays the Assembly or Convention Give their
assistance in this affair.
Voted that the above be signed by the Chareman and given to Colo.
Patterson and Maj. Grout.
Voted to adjourn this Committee to the first teusday of September
next to meet at the Court house in Westminster at nine o Clock in the
forenoon.
ADJOURNED MEETING AT WESTMINSTER, SEPT. 2, 1777.
Hinsdale, [none.]
Brattleborough, [none.]
Guilford, [none.]
Halefax, [none.]
New Fane, [none.]
Draper, [Wilmington, none.]
Putney, [none.]
Pomphret, [none.]
Townshend, [none.]
Hartford, Mr. Rust.
Woodstock, [none.]
Rockingham, Mr. Simons.
Springfield, Mr. Stevens.
ditto
Mr. Powers.
Winsor, [none.]
Hertford, [Hartland, none.]
Chester, Mr. Sergents.
Kent, [Londonderry, none.]
Wethersfield, Mr. Grout.
Cavindish, [none.]
Westminster, Mr. Gilston, [Gilson.] Fullam, [Dummerston, none.]
WESTMINSTER, September 2: 1777.
According to the adjornment of the Committee and a New notifica-
tion sent to the above towns by the Chairman of the County Committee,'
the above Gentlemen met at the County house and proceeded as fol-
oweth:
The Chairman Not being able to attend his Duty, Mr. Stevens who
was Clark opened the meeting.
Firstly. Voted after a long Debate to adjourn said meeting until to
morrow morning at Seven o Clok.
At Seven o’Clok met according to adjornment.
SEPT. ye 3.
It was moved that this Commitee Send Some Sutible Person to the
Convenson or Legislature of the State of New York to inform them of
the Conduct of the Protended Counsil [of Safety] and Protended Com-
mitees of the State of Vermont and take their advice and Directions
thereon, but their Being four members against the motion we Could Not
obtain any vote of that mater [nature.]
Seco[nd]ly. Voted to adjorn this Committee until the Second tuesday
of November next at teen of the Clok in the morning to meet at this
Place.
Among the PINGRY PAPERS, connected with the foregoing records of
the County Committee in 1777, are the following credentials and other
proceedings of town meetings:
1 The fact that only seven of the twenty-one towns were represented,
after notice had been sent to all the towns, indicates a strong sentiment
at that time for the "new state of Vermont."
368
Appendix A, No. 1.
At a Legal town meetting held at Putney on the thirteenth of May A.
D. 1777, Chose Capt. James Clay and Left. Lukus Willson Committee
men to Join the County Convention at Westminster.
AMOS HAILE, Clark.
These may Certify that Col. Eleazy Patterson & Mr. Amos Tute were
Legally Chose by the Inhabitants of Hindsdale [Vernon,] as members
for the County Committee.
Hindsdale, May ye 13th. 1777.
JONTH HUNT, Clerk.
MAY THE 20th 1777.
At a legal meeting held in Springfield, Chose Simon Stevens and
Jerathmiel Powers County Committee for this year ensuing.
SIMON STEVENS, Clerk.
Test,
These are to Certifi all whom it may Consern, that Mr. Obidiah Wells
& Capt. John Serjants where Legally Chose Members for the County
Committee, in a Full Town meeting held on Tuesday ye 27 Instant.
STEPN GREENLEAF, Town Clerk.
Attest,
KENT, [LONDONDERRY,] June 2 1777.
These are to Sertify that the Bearer James McCormick was Legaly
Chosen by the inhabitants of s town to Represent them at Westmins-
ter the 3 of this Instant at a Preposed Meeting of the County Commit-
tees by Vartue of New York athority.
EDWARD AIKEN, Town Clerk.
At an Annual Town Meeting held at the Town house in Windsor on
the twentieth Day of May past, after the Choice of a Moderator it was
put to Vote whether the Town would proceed to Act acording to the
Orders from the State of New York; Voted in the Negative by a great
Majority.
EBNT CURTIS, Town Clark.
To the Chearman of the County Committee.
Whereas I the Subscriber are the member of the County Committee
of Cumberland to represent the town of Windsor in Convention this
third day of instant June, Do now in behalf of sd town Euter my pro-
test against any proceeding under the State of New York either directly
or indirectly as to any Jurisdiction over sd town.
EBENEZER HOISINGTON.
Agreable to a Vote of the Inhabitants of Townshend passed on Tues-
day the 3rd day of June 1777, Mr. John Dyar is Impowered to Carry and
Lodge the within Instructions with the Chairman of the Committee for
the County of Cumberland.
Attest,
SAML. FLETCHER, Clerk.
Instructions to Major Joseph Tylar by the inhabitants of Townshend.
That you do not act with the County Committee of the County of
Cumberland agreable to the new Constitution of the State of New York,
because it is our Opinion that we do not belong to the Jurisdiction of
that State, and that you in behalf of the inhabitants of sd Townshend do
Appendix A, No. 1.
369
protest against any County Committee sitting or acting under the au-
thority of the State of New York in s County, untill the report of the
Deligates of the N. Hampshire Grants which have been to the Continen-
tal Congress is received.
JOIN DYAR, Clerk.
Attest,
These May Certifye that Nathaniel Robinson Esq. & Mr. Michael
Gillson (at our Annual Meeting the Twentieth Day of May Last) Was
Leagaly Choosen Members of the Committee of Safety For the County
of Cumberland.
pr
ELKANAH DAY, T. Clerk.
Westminster, 18th of June 1777.
At a Legall Meeting of the Inhabitants of the Town of Hindsdale On
ye 19. day of June A. D. 1777, Voted & Choose Col Eleazar Paterson &
Major Jonathan Hunt as A Committee from this Town to Meet the Com-
mittees of Severall Other Towns in this County at Capt Sargents in
Bratleboroug on the Twenty Sixth day of this Instant June at Nine
o Clock in the forenoon & that they have full Power & Authority from
us to Joyn the Other Committees from the Other Towns in Choosing a
Man or Men (if they should think Best) in Order to Make a Represent-
ation to the Continental Congress & the Provincial Congress [of New
York] Concerning the New & unlawful State of Vermont that Seems
to be a going on here to Our Great Disturbance.
Attest.
JOHN BRIDGEMAN, Moderator.
PUTNEY June ye 23: 1777.
Mr. Clay Laid the Leter, He Received from the Committee of the
Town of Bratelbourough, Befor the Town of Putney, and a Previs
Question be[ing] Put-it was Voted, that Capt. James Clay and Mr.
Luias Wilson, Joyn the Committee at Bratelborough, on the 26: In-
stant agreable to the Leter atest:
AMOS HAILE, Town Clarck.
These are to certify, that at a meeting of the inhabitants of the town
of Weathersfield, this 234 day of June 1777, that we made choice of Ma-
jor Grout and Mr. Eliphalet Spafford to join a Committee of Brattlebo-
rough and the other towns they have sent to, by order of the above said
town.
ISRAEL BURLINGAME, Town Clerk.
At a meeting of the Inhabitants of the town of Hertford [Hartland,]
held on the 16 of this Instant August to hear the Desire of Capt. James
Clay, Styling himself Chairman of the County Committee, Requesting
that the s Inhabitants to Chuse County Committee man to Sit at West-
minster on the first tuesday of September Next,
Voted, first, that Joel Mathews be Moderator.
2ly, Voted that the town Chuse two Committee men agreable to the
above Desire.
3ly, that Major Mathews [and] Ensign Rust be appoynted as County
Committee for the town, to stand till the Second Tuesday of March Next.
JOEL MATHEWS, Moderator.
These certificates close the apparently complete journal of the Cum-
berland County Committee from June 1776 to September 1777, as pre-
served in the Pingry Papers. The November meeting either was not
held, or its record has been lost, so that practically the meeting of Sep-
tember 1777 may be called the last meeting of the County Committee.
¹ In June, 1777, to an inquiry as to the temper of the people in eastern
Vermont, the reply from Cumberland county was, that "the New Hamp-
370
Appendix A, No. 1.
Several other meetings, composed of Town Committees, were afterward
held, but these can hardly be styled County Committees or Conventions,
inasmuch as only a part, and usually less than half, of the towns in the
county were represented. In fact they were generally meetings of the
adherents to New York only, and for the purpose of resisting the gov-
ernment of Vermont. So far as necessary to explain the action of that
government, the acts of these meetings will be noted in the proper time
and place. For the most complete account, short of the manuscript and
printed state papers of New York, the reader is referred to B. H.
HALL'S Eastern Vermont.
shire Grants had declared themselves independent, and would not let the
county committees sit, nor permit any thing to be transacted under the
jurisdiction of New York."-Eastern Vermont, p. 299. One of the
charges of the Vermont Council of Safety against Capt. James Clay
was, that he called a meeting of the Cumberland County Committees
under New York.-See close of Appendix D, post.
APPENDIX A, No. 2.
GLOUCESTER COUNTY COMMITTEE OF SAFETY.
Ample evidence is found in the American Archives of the patriotic
spirit of the people of Gloucester County in 1775 and the subsequent
years of the revolutionary war, and also of the formation and efficient
work of its Committee of Safety; but no formal record of its proceedings
has as yet been discovered. On two occasions, there were joint meetings
of representatives of Cumberland and Gloucester Counties, and the min-
utes of proceedings have been already given in Appendix A, No. 1. On
other occasions there were also joint meetings in which Gloucester
County was represented, and these will be given in the proper place.
The following documents cover the period from June 1775 until June
1777, the last date fixing the time when the people of the county deter-
mined to join their fortunes with Vermont.
JACOB BAYLEY TO NEW-YORK CONGRESS.
[From American Archives, Fourth Series vol. II, col. 1134.]
་
NEWBURY, June 29, 1775.
Gentlemen:- Lately we received a desire from you to send a member
or two to the Provincial Congress at New-York. We met and chose one,
Sir, myself; but considering our distance and the danger we might be
in of a visit from Canada, thought best that I do not yet attend until we
were prepared to meet with an enemy at home. I am taking what pains
I can to be prepared with arms and amunition, but as yet to but little
purpose; am still apprehensive of danger from Canada, and cannot be
absent. I have had intelligence from an Indian, to be depended on, who
informs me that they shall be forced to take up arms, if we do not help
them by sending an army to Canada, and say they are both threatened
and flattered; says that the French and Indians will join us, and make
no doubt but Quebeck will be taken, (which is their desire,) but if it is
neglected much longer it may be fatal to them and us. I have employed
him to bring intelligence from Canada, and must meet him myself, and
shall transmit to you. I should think that if orders were sent to me, I
could raise two or three hundred men from the neighbouring Govern-
ments, which must be necessary either for our defence or to pro-
ceed to Canada¹
¹Gen. Bayley was as zealous as Ethan Allen for invading Canada.
June 23, 1775, he sent an address to the Northern Indians, to persuade
372
Appendix A, No. 2.
If it is thought best to raise men, arms (at least two hundred) and
powder and flints must be sent. Mr Harry [Alexander Harvey, doubt-
less,] will inform more, and take care of whatever is sent. Mean time I
am endeavouring to supply ourselves frem seaports eastward.
We acknowledge with gratitude the notice taken of us by you; shall
attend [the N. Y. Congress] as soon as we are in a posture of defence.
Wish prosperity to the cause of liberty and truth. Am Gentlemen,
your most humble servant,
To the Provincial Congress for New-York Colony.
JACOB BAYLEY.
JOHN TAPLIN TO NEW-YORK PROVINCIAL CONGRESS.
[From American. A chives, Fourth Series, vol. 11, col. 1668.]
NEWBURY, New-York Province, July 15, 1775.
Sir: Your letter of the 31st of May I did not receive until the 14th
instant, which was broke open and the General Association taken out.
We have formed a County Committee, as also one in each Town and
Precinct ; also, we have chose Colonel Bayley to represent us in the Con-
gress. The County seems to be very well united, and firm to one another
and also in the cause of liberty; and I make no doubt but they will
cheerfully join in whatever measures and directions the honourable Con-
gress may point out from time to time.
I am, Sir, your most obedient and humble servant,
JOHN TAPLIN.'
To Peter V. B. Livingston, Esq., President of the Provincial Congress,
at the City of New-York.
JACOB BAYLEY TO NEW YORK Congress.
[From American Archives, Fourth Series, vol. II, col 1124.]
NEWBURY, October 20, 1775.
Sir:-The packet I received from you, some time the last of August,
broken, many of the papers wanting. I supplied the Association, who
[which] all have signed but a very few. Shall send it soon, [that is, the
list of signers, and of the persons who refused to sign.] We are now
regulating the Militia after the form that the Continental Congress ad-
vise, (not having received any thing from our [New York] Congress,)
only shall choose by the Captain and subs together with the Commit-
tees, the field-officers, and shall recommend them accordingly. Here-
them to join the Americans against the British; and with the same view
he urged the completion of the now called "Hazen road," the construc-
tion of which he commenced in 1776. For the unique address to the In-
dians, see American Archives, Fourth Series, vol. II, col. 1070.
¹ JOHN TAPLIN was one of the first settlers of Newbury. He was ap-
pointed Commissioner to administer oaths of office and judge of inferior
court of common pleas, March 17, 1770; and judge again April 10, 1772.
His son, JOHN TAPLIN, jr., was Sheriff of Gloucester county from March
1770 until May 1777.-See Eastern Vermont.
2 The meaning appears to be, that the commissioned company officers,
acting jointly with the town or district Committees of Safety, (who con-
stituted the County Committee,) were to nominate field-officers to be
commissioned by New York.
Appendix A, No. 2.
373
tofore we chose new Captains and subs, both for the standing [militia]
and minute men,' who were at the command of the President of our
little [County] Congress, assisted by the Chairman of each District
Committee; and long before we heard of a Congress at New York, we
all to a man signed an Association, agreeable to the Continental one,
which I forget whether I mentioned to you before. I determine to see
you this winter, if health permit.
It is sixteen days since we have heard any thing from Canada, and
what I had then you have before now. I hope all is well.
I hope all is well. I shall make
a return by Docter Wetherspoon, whom we expect every day. All are
well, and with us peace and plenty. This from your most obedient hum-
ble servant,
JACOB BAYLEY.
To John McKesson, Esq., Secretary to the Congress at New York.
JOEL MATTHEWS TO NEW YORK CONGRESS.
[From American Archives, Fourth Series, vol. VI, col. 547.]
WINDSOR, May 22, 1776.
Agreeable to the order of the honourable Provincial Congress of New-
York, the Committees of Safety of the Counties of Cumberland and
Gloucester, appointed a Committee of three out of the Committee of
Safety of each County, for a Committee to nominate a Brigadier-General
and a Brigade Major. In consequence of which, the Committee so cho-
sen previously notified the Committee of Charlotte County, by a letter,
directed to the Chairman thereof, of the time and place of meeting, but
had no return. Your Honour's obedient and humble servant,
To the Honourable Provincial Congress.
JOEL MATTHEWS.
At a meeting of the Committees of the Counties of Cumberland and
Gloucester, appointed to nominate a Brigadier-General and a Brigade
Major, at Windsor, on Wednesday, the 22d day of May, 1776; made
choice of Colonel Joseph Marsh as Chairman, and Major Joel Matthews
Clerk; then proceeded and made choice of Colonel Jacob Bayley as Brig-
adier-General, and Simon Stevens, Esq., as Brigade Major, of said Coun-
ties.
Voted, That the return of the above nominations be sent by Colonel
Marsh to the honourable Provincial Congress, who is authorized to rep-
resent this Committee at Congress.
A true copy from the Minutes. By order,
To the Honourable Provincial Congress.
JOSEPH MARSI, Chairman.
JOEL MATTHEWS, Clerk.
JACOB BAYLEY TO THE PRESIDENT OF THE NEW YORK CONVENTION
[From the Documentary History of New York, vol. 4, pp. 560–561.]
NEWBERRY, Febr. 19th, 1777.
Dear Brethren,-With the utmost Concern for the Publick welfare of
the United States, and this in particular, I take my Pen to write when
I consider the Absolute nessecty of an Intiere Union of all the Friends
to truth-the American cause I mean-and when I see all the Friends
1
Meaning that new company officers were appointed, doubtless to ex-
clude inefficient or unpatriotic men.
374
Appendix A, No. 2.
of hell Combined and using all their Deiabolicall Arts to Disunite us,
and now the Deivil as usuall at the last efforts of Changing themselves
into angles [angels] of light, now pleading you [we] were abused by the
State of N. Y. they having taken away your [our] property, Imposed
upon you [us] in every shape, you [we] have nothing better to expect
than as heretofore, now is the time to separate &c. And so far has this
timptation prevailed that a number (not from this County) has declared
Independacy of the State of N. Yk. and the Committee of Dorset has
Directed a Convention of all the New Hr. Grants to meet at Dorset to
fill up by Draft or Raising a bounty, Collo. Warners Regt. However In-
concistant to there own plann, 1 Supose the Chieff of Cumberland will
Join. None from us, but which way for us to steer I know not. I know
the Congress will not countenance them in there Independence. We
are at the greatest distance of anie of this State. We are willing to be
Subject to N. Y. but had Rather be somewhat handier to the Seat of
Goyrt, as we really see the want of it. I have heard I was chosen to
waite on the Congress in behalf of¹ I am also desiered by the Com-
mittees [of Gloucester county, probably,] to apply to Congress through
our own assembleys [the New York Convention at that date] for Proetec-
tion. Can I come to you as our assembly or not? I cannot as New
Connectcutte [Vermont] wait on the Congress. Whether as the case
stands we had not better be ordered to do dutey [military duty] with Bos-
ton [Massachusetts] or N. H.? I am afraide not from any thing heard
saide, but [from] the naturall Consequence that these Counties [Glouces-
ter and Cumberland] are in danger of Ministerial proetection." The
heads of the Green [Mountain] men were with me in Novr. They In-
sisted much on my Joyning [them.] I refused, but told them first to
petition our own [New York] Congress, which they said should be done
the 16th Jany which I thot would bring them to you with hopes some
measures would then be used to heal old Deficultys, but the Reverse hap-
ned at that meeting.
+
I should have waited on you before now, but I really expected Col.
Alcot [Gen. Peter Olcott] was with you." I shall attend as soon as Pos-
siable. I should think the men raised under Hossington [Rangers, under
Maj. Hoisington,] should be Paid and kept for Service; if not held,
none be Paid but them that has done real Servise. That will not
be much, (but if they are continued they may be serviseable in fu-
¹ Blank in the copy. Gen. Bayley was appointed delegate for Glouces-
ter County in the New York “Congress" in 1775, but never took his
seat.
2 Either as he did not desire to do so, or because Vermont was not
recognized by Congress.
That is, in danger of being occupied by British troops. Again and
again Gen. Bayley declared the danger of such an event; and Gen.
Washington on one occasion confessed his fear of it in a letter to Gen.
Bayley.
4 Meaning, doubtless, by the Convention which met at Westminster on
the 15th of January, 1777, and sat on the 16th and 17th.
5 This seems to imply that Gen. Olcott had been appointed a delegate,
but the editor is aware of no other evidence to that effect. His residence
was in Norwich, Cumberland county.
Appendix A, No. 2.
375
ture,) if the whole money is sent, and all that will muster to be
Paid, and care taken that no more Billeting is paid than has been in
Servise.
Tho the Frontiers this way has seemed to leave you, you will ever
care for the whole. I think that ever an army of observation is wanted
here; it is now, both on acct of Internal as well as External Enemys.
You will advise as you think best, and rely you [or you may rely I] will
do every thing for the good of the whole without having any regard to
Private views. I am Gents, Your most obedient Humble servant,
JACOB BAYLEY.
The editor of the Documentary History of New York evidently intend-
ed to give a literal copy of the foregoing letter; but here, by points,
division of sentences, and other devices, an attempt has been made to give
the meaning intended by the writer. The last letter of Gen. Bayley to the
New York authorities was dated June 14, 1777, and declared that the
people of the county were "almost to a man" violent for a separation
from New York. On the 4th of that month six towns of the county, being
the most important, were represented in the Vermont Convention at
Windsor, and from that date the county may be reckoned as lost to New
York.
APPENDIX B.
SOME MISCELLANEOUS REMARKS, AND SHORT ARGUMENTS, on a
Small Pamphlet, dated in the CONVENTION of the REPRESENTATIVES
of the STATE OF NEW-YORK, October 2, 1776, and sent from said
CONVENTION to the County of CUMBERLAND, and some REASONS
given, why the District of the New Hampshire Grants had best be a
STATE. BY IRA ALLEN. Hartford, [Conn.,] printed by EBENEZER
WATSON, near the GREAT BRIDGE. M. DCCLXXVII.¹
PREFATORY NOTE.
[From It. Historical Society Collections, vol. 1.]
THE following, entitled "Miscellaneous Remarks, etc.," was published
in pamphlet form about the month of May, 1777, but is now out of print.
It appears from the preface that it "was undertaken at the request of the
General Convention of the district of the New Hampshire Grants.”
This Convention, assembled at Westminster, had on the 15th of January
preceding declared the territory separated from the government of New
York, and to be an independent state, had appointed agents to attend
upon the Continental Congress, and inform that body of their declaration,
and to ask to be admitted to seats therein as delegates from the new
state. This pamphlet was probably the first considerable publication
which was made in behalf of the people of the territory after the com-
mencement of the Revolution.
2
BENJAMIN H. HALL, in his " Bibliography of the State of Vermont,"
says that this pamphlet was a reply to a "report submitted to the Con-
vention of New York on the 4th of October, 1776, by a committee con-
sisting of William Duer, James Duane, Zephaniah Platt, John Sessions
Simon Stevens and John Jay, copious extracts from which may be found
in B. H. Hall's History of Eastern Vermont, at pages 271, 275." The
first sentence of the pamphlet has a quotation from this report.
In Thompson's Civil History of Vermont, page 107, the following items.
from Colonel Ira Allen's account against the State are given: "1777
April 20th, To writing a pamphlet, Vindicating the Rights of the peo-
ple to form a state, and in answer to a pamphlet published by the Con-
vention of N. Y., dated Oct. 2d, 1776, and sent to the county of Cumber-
land, £600. To 3 days going to Hartford to get s'd pamphlet printed,
£1 10 0."
¹ Prepared and printed by order of the Convention at Westminster,
October 1776.-See ante, p. 37.
2 Slade's State Papers, p. 68-73.
Appendix B.
377
PREFACE.
THE following impartial work was undertaken by, and at the request
of the General Convention of the district of the New Hampshire Grants,
and many matters of fact are herein inserted as a short State of the dis-
ingenuous cunning of the former government (now State) of New York,
towards the inhabitants of said district; which are humbly dedicated to
the candid reader, by the author, for the good of mankind.
SOME MISCELLANEOUS REMARKS, ETC.
OUR Author informs us in page 7th and 8th, viz.: "It is unquestiona-
ble that the jurisdiction of this state over the territory which now com-
prehends the County of Cumberland is coeval with its first formation as
a Colony under the Crown of Great Britain.'
It is a fact notoriously known, by those that are acquainted with the
history of the former government of New York, that that government
did not extend so far north as Albany, until the accession of King Will-
iam and Queen Mary to the throne; then we find a commission from
their Majesties to Henry Slaughter, to be materially different from those
of the respective Governors of New York, before King William and
Queen Mary, by their commission, dated the fourth day of January, in
the first year of their reign, appointed Henry Slaughter to be Governor
of the Province of New York, and the territories depending thereon, in
America. Before the accession of King William and Queen Mary to
the throne, plantations were extended northwardly, either on patents
procured immediately from the Crown, or government, or mere settle-
ment on extra provincial lands, in which the City of Albany was in-
cluded.
The enlargement in the commission to Henry Slaughter, was in these
words, viz: "and the Territories depending thereon in America." These
territories are that extension of jurisdiction beyond their circumscribed
limits, terminating south of Albany, called the province of New York.
This territorial extension of jurisdiction was altogether in the arbitra-
tion of the Crown, to curtail or extend; this being the case, the respec-
tive Governors can no other way be judges of the extent of jurisdiction,
but by directions given them, in their commission, together with his
Majesty's express proclamations and public determinations relative
thereto, as in the instance of the royal adjudication in 1764, a publica-
tion of which, by his Majesty's orders, gave his subjects to understand
that it was his pleasure that the territorial jurisdiction of New York
should extend to the west bank of the Connecticut River; which includes
the Counties of Cumberland and Gloucester within that government.
Before this, it was impossible for the subjects to know it; if they could
have known it without his Majesty's proclamation certifying the same,
such proclamation would have been needless and impertinent. The
truth of the matter is his Majesty in 1739, determined that the New
Hampshire government should cover the present County of Cumber-
land. He altered his determination in 1764, whereby New York ex-
tended its territories over the County of Cumberland, and for any gen-
tlemen to assure people of common sense, that "it is unquestionable
that the jurisdiction of this State, over the territories which now com-
prehend the County of Cumberland, is coeval with its first formation as
a colony, under the Crown of Great Britain," is the hight of folly. It
was, in the nature of things, absolutely impossible, his Majesty himself
should have known that to have been the case the moment before he de-
26
378
Appendix B.
termined it, and equally inconsistent that the subjects should know it
till his Majesty proclaimed it.
Our Author further infers, in page Sth, these words, viz: "And imply-
ing a latent design by a further separation from the State, to leave the
whole burthen of the present cruel and expensive war to be sustained
by the rest of the community."
This is, indeed, a very extraordinary way of arguing, and in particular
for the Honorable, the Provincial Congress to assert. It is well known
to that State that it was ever disagreeable to the inhabitants of the New
Hampshire Grants to be within the State of New York, and there has
been much talk of separating from said State; and should the County of
Cumberland absent from said State and connect with the State of Mas-
sachusetts-Bay, or should they connect with the rest of the New Hamp-
shire Grants and form a new State, it is not to be even supposed but that
we should pay our proportion, according to our abilities, of the expense
of the present war.
It is not reasonable that one of the United States should be more
pressed with powerful armies, than any other; that they ought or will
pay any more for that, or if one State should raise more men, according
to their numbers, to join the main army, or to scout in their own fron-
tiers, if need be, than the rest, that they ought, in justice, to bear any
more of the burthen than any other States, (but, in consequence of their
being harrassed by the enemy, they ought not to pay so much). But in
the sequel of the war, the whole expense will be made in one bill by the
Honorable the Continental Congress; then each State will share equally
the blessings of the glorious victory, by which all the liberties granted
to our ancestors by the Supreme Governor of the Universe, may be kept
inviolate, and handed down to the latest posterity; and if one State has
done more than their proportion it will be remitted to them again, to
their everlasting honor, for exerting themselves to maintain the liberties
God has given us. If each State have done their equal proportion, then
consequently each State will pay their proportion according to their
abilities, until said bill is discharged.
Our Author asserts the following lines in page 10: And the success
of the great cause, in which the whole continent is engaged, cannot but
be weakened by dissension, and by countenancing the factious and self-
interested." This objection, at first view, seems to be important, but
upon examination will vanish. I readily agree that it would be matter
of lamentation, that when we are jointly engaged in a bloody contest,
merely to oppose arbitrary power without us, that we should have occa-
sion to contend against the same within ourselves, especially those who
profess to be friends to liberty. I imagine this objection arises for want
of due consideration. We are much mistaken in our views if we are
not proposing that, and that only which will prevent contentions and
divisions taking place amongst us, and that which will have the most
happy effect to unite us in indissoluble bonds of union and friendship,
by forming the whole district of the New Hampshire Grants into a new
and permanent State, in which all the free and natural rights of men
will be protected to the latest posterity. Certainly, if the observations
I have made are just, the objection must cease in the mind of every rea-
sonable person; for, if we consider that oppression was the cause of this
unnatural war, and the oppressions this district has received from the
government of New York are similar, (which, I think, may plainly ap-
pear,) are we not pursuing the same general cause? The only difference
is that we are contending against the same enemy within that is also
without, and certainly, if arbitrary power without us ought to be pun-
ished with vengeance, that within ought to have seven-fold; therefore,
Appendix B.
379
we are persuaded that every one who is a true friend to the liberties of
mankind, and has any sense of his own or posterity's good, will think
the case well deserves a serious consideration, and ought to be referred
to the Honorable, the Grand Council of the United States of America,
for their wise deliberation and determination, which is our ardent wish.
God gave mankind freedom by nature, and made every man equal to his
neighbor, and has virtually enjoined them to govern themselves by their
own laws. Doubtless you remember in ancient times every man sat
under his own vine and fig-tree, and there was none to make them
afraid; and when it became necessary for them to have some rules and
laws to govern themselves by, every man appeared personally under
their own fig-trees in council, and harmoniously agreed on rules to be
governed by. They also worshipped the Deity in the open air; but in
process of time, to shelter themselves from the inclemency of the weath-
er, they built houses for that sacred use; then, by the increase of men,
it became necessary for some divisions, and they divided themselves into
tribes, each one governing his own internal policy, etc.
Since the propagation of settlements through the world it is become
necessary, for the sake of good order and government, that the inhabited
part of America should be divided into governments, or States, counties,
towns, etc., for the convenience of its inhabitants, though not for the
aggrandizement of any particular place, or number of men, but for the
mutual advantage of the whole.
It was not the free voice of the people of the New Hampshire Grants,
ever to be in the government of New York, but was an express order
from the Crown in the year 1764, and was unknown to most of said in-
habitants of said Grants, until his Majesty's proclamation appeared cer-
tifying the same.
By the declaration of independence, all laws and connection with the Brit-
ish Court were dissolved, which left all kingly governmeut destitute of
any law, or established mode of government, to establish us a free and
independent State of America; and as the design of forming goveru-
ments was meant for the mutual benefit, peace and happiness of the
present and future ages, I see no reason why any county or counties,
community or communities of people, may not assert their free and nat-
ural rights and liberties which were given them by the God of nature;
and if the royal tyrant of Great Britain did pass an order extending the
territorial jurisdiction of New York to the West Bank of the Connecti-
cut River, for some sinister views to the Crown, (or by the influence of
some designing gentlemen in New York,) and contrary to the free voice
of the inhabitants of the whole district of the New Hampshire Grants,
as it rendered the situation of the inhabitants very disagreeable in many
respects, and one on this hypothesis unavoidable, viz.: their local situa-
tion, as some of them are upward of four hundred miles from the
Seat of government at New York: this order may be well accounted one
of the cruel acts of the Crown; and as the Honorable, the Continental
Congress did, on the fourth day of July last, declare the United Colonies
of America to be free and independent of the Crown, which declaration
the people of the New Hampshire Grants have most cordially acquiesced
in, by forming an association, binding themselves by all the ties held sa-
cred amongst men, to exert themselves to defend by arms the liberties
of America, as also by many votes of the General Convention of later
dates; and, whereas, by said declaration, the arbitrary acts of the Crown
are null and void in America, consequently the jurisdiction by said
Crown granted to the government of New York over the people in the
New Hampshire Grants, is totally dissolved, so that the evil of New York
is not left over any part of the New Hampshire Grants.
380
Appendix B.
It has been before observed, that the design of forming government
was meant for the mutual benefit, peace and happiness of the present
and future ages; therefore, since the dissolution of the British
power in America, all power as it was, in the beginning, naturally re-
solves back on the people; it, therefore, now stands every individual in
hand to see what way and mode of government they adopt, as also the
boundaries of each State; together with the natural genius, habit and
temper of the people which are to make and constitute one body politic.
And now, as I view it, we are probationers, to act not only for ourselves,
but for posterity, even in some degree as it was with Adam in his origi-
nal purity. He transgressed the Divine law, thereby brought sin and
misery on himself and posterity, which deprived his successors of those
liberties and mansions God had given him. Each man is accountable to
his Creator for the part he now takes, for on the conduct of the present
age depends the liberties of millions yet unborn.
Since this vast continent has made this noble stand, have and still con-
tinue to wield the sword of liberty, to preserve inviolate the freedom of
the present and future ages, and are about to establish new and free
States, under the authority of the people, it behooves us, as inhabitants.
of the New Hampshire Grants, to view with candor our own situation.
We principally emigrated from the New England States, the former
laws, rules and regulations of which were nearly alike, in consequence of
which the inhabitants of said Grants have been taught in one way. Their
genius and customs have been so near correspondent that there is the
highest probability that they would unanimously agree on a mode to
govern the internal policy of a State, with the greatest unanimity, which
is one of the greatest blessings ever bestowed on a free people.
On the other hand, the former laws, rules and regulations of the
government, now State of New York, have been so materially different
from those we have been accustomed to, and considering the conflict
that has subsisted, these many years, between this district and the said
government, there is the greatest reason to believe that, should this dis-
trict connect with that state, to make one body politic, there would be as
little hopes of a reconciliation ever taking place between them as there
would be between Great Britain and the United States of America, which
must render the situation of both very unhappy. Witness a resolve,
viz :
"In convention of the representatives of the State of New York, at
Harlem, August 2, 1776, Resolved, unanimously, that all quit-rents for-
merly due and payable to the King of Great Britain, within this State,
are now due and owing unto this Convention, or such future government
as may be hereafter established in this State.
Extract from the minutes,
ROBERT BENSON, Secretary."
It is to be here noted that those grants that derived from New Hamp-
shire pay one shilling proclamation money, and those from New York,
half a crown, sterling, on each hundred acres, when, in the ancient part
of the province of New York, Livingston's Manor, a tract of land about
twenty miles square, pays but one beaver skin annually, as quit-rent,
and Bateman's patent, a valuable tract of about ninety thousand acres,
pays only a quit-rent of three pounds, ten shillings; in fine, all the old
settled part of the province pays no more than a trifling acknowledg-
ment.
Thus it appears, by the above resolve, and by a small pamphlet, dated
in convention the second of October, 1776, and sent from the Honorable,
the Provincial Congress of the State of New York, to the County of
Cumberland, that the present Honorable Congress have passed some un
Appendix B.
381
reasonable and oppressive resolves; a very extraordinary way indeed to
collect a sum of money to defray public expense, after the former govern-
ment of New York had, by cunning and fraud, threats and deceit, terri-
fied and seduced the inhabitants of some townships, to take re-grants of
them, at the extortionate price of even twenty-three hundred dollars for
a township, and on said subsequent patent was added a three-fold quit-
rent.
This act of the former government carries the color of tyrrany in its
very visage, and is plain to be seen by the weakest capacity.
I cannot see why there is not as much tyranny in taking this three-
fold quit-rent, since the dissolution of the British power in America, as
there was in giving the subsequent patent, for it is still holding up in ex-
istence one of those cruel acts which induced us to take up arms and
join our brethren, in the several United States, to defend the whole. By
this the candid reader will easily see the almost infinite disproportion of
collecting money for public expense.
To understand political power aright, and derive it from its original,
we must consider what state all men are naturally in, and this is a state
of perfect freedom to order their actions, and dispose of their possessions
and persons, as they shall think fit, within the bounds of the law of nature,
without asking leave or depending upon the will of any other man.
(Locke.) A state, also, of equality wherein all power of legislation is re-
ciprocal, no one having more than another, there being nothing more
evident than that creatures of the same species and rank, promiscuously
horn to all the same advantages of nature, and the use of the same facul-
ties, should be equal, one amongst another, without subordination or sub-
jection, only what is absolutely necessary to keep up good laws, rules
and regulations amongst mankind. The natural and just rights of a free
people are, first the making, and secondly executing, their own laws. On
these two branches depend the liberties of a free people, and are guarded
by having the control of those branches in their own hands. And now
the inhabitants of the district of the New Hampshire Grants, being in-
vested with such powers as the God of Nature has blessed them with,
although delegates from the Counties of Cumberland and Gloucester
have been admitted to sit in the Honorable Provincial Congress of New
York, yet the following will plainly demonstrate that they were not le-
gally chosen by the Inhabitants of said Counties at large; for it would be
unreasonable even to suppose that the inhabitants of said district of the
New Hampshire Grants should ever consent to delegate their right of
representation, and thereby consent to unite with a power with
whom they had been, for a number of years, earnestly contending, with-
out any hopes of redress :
That in consequence of circular letters from said Congress of New
York, dated May 31, 1776, requesting the Counties of Cumberland and
Gloucester to send delegates to sit in convention, and assist them in
making and establishing a code of laws for said State, the following
method was made use of in choosing delegates for the County of Cum-
berland, viz: The three first in nomination, for whom the greatest num-
ber of votes appeared, were declared accepted, without allowing a nega-
tive voice, when, at the same time, it was generally conceded to by the
said County Convention that it was contrary to the free voice of three
fourths of the inhabitants of said County to elect delegates to represent
them in Convention aforesaid, or to be otherwise connected with them;
so that by this method of choosing, if one man has ten votes, another
five, and another three, they would be severally chosen, by the people at
large, to assist in the establishment of a code of laws by which the
whole are to be governed.
382
Appendix B.
True, this mode of choosing is a sure and quick method of getting a
choice at the first attempt, and, where a community are agreed in the
mode, is justifiable; but this mode would be very wrongly applied to
these counties, considering the aged conflict which has subsisted so long
and with such impetuosity as to spill the blood of several of its inhab-
itants. It ever was, and still is, disagreeable for the inhabitants of those
counties to be and remain in the jurisdiction of New York, therefore,
according to natural liberty, a vote should have been first obtained for
choosing delegates, and secondly, (if that were completed.) the mode of
choosing; that is, the inhabitants of each town, in their public town
meeting, appointed for that purpose, to deliver to the moderator or clerk
their votes severally in writing, which votes to be carefully sealed up in
the presence of such meeting, and properly conveyed to some meet per-
son, duly appointed to receive, and deliver the same to the Chairman of
the County Committee, who, with a quorum, is to complete what is fur-
ther necessary thereon; but not in the clandestine way of designing men
going to the habitations of private individuals to collect votes. In the
County of Cumberland there are upwards of two thousand voters, out of
which there were but three hundred and sixty-eight in favor of electing
delegates to sit in the Hon. Convention of New York, viz: For Col.
Joseph Marsh, 368: For Capt. John Sessions, 172, and for Simon Ste-
vens, Esq., 166. Six or seven towns in said County did at the same time
enter their protest against election, and even the County Committee,
who gave the Delegates their credentials, did restrict them to particular
instructions, reserving to themselves, in behalf of the county, a right of
absenting from the State of New York whenever a suitable opportunity
would admit thereof; yet Messrs. Sessions and Stevens, two of the Del-
egates of Cumberland County, (if I may so call them.) declared in Con-
gress that they were chosen by the people at large; that the Committee
who gave them their instructions and sent the said letter to the Conven-
tion, were elected long before their own elections, as deputies for said
County; that their credentials from the County gave them full and un-
restrained power in forming a government; that they conceive them-
selves no farther bound by their instructions than they shall appear to
be right and beneficial, but that whenever, on debate, it should appear
that those instructions might work an injury to the State, or, if on any
question they should be out-voted, they should not consider themselves
bound by instructions; and further, that as Representatives of said
County, they fully acknowledge the jurisdiction of this State over the
said County and its inhabitants. This representation seems to be big
with great mischief; for surely, if there was any validity in their creden-
tials, there was equally the same in their instructions, for they both were
derived from one committee, and were both joined on one paper and all
done in one day; and if their credentials gave them a seat in that Hon-
orable House, they must, consequently, follow their instructions or cease
to be the Representatives of the People, by the same rule that George
the Third ceased to be our King by breaking his coronation oath.
Thus it appears, that out of about two thousand voters in the County
of Cumberland but three hundred and fifty-eight [sixty-eight] could be
persuaded to vote for delegates, and by no means a majority in the
County of Gloucester, and not one on the West side of the range of
Green Mountains; in the latter of which is full half of the inhabitants
of said district.
By this, the candid reader will see that there has but a very inconsid-
erable part of the inhabitants in said district ever attempted to delegate
power of legislation to any body politic, and those under particular re-
strictions.
Appendix B.
383
Therefore, the inhabitants of said district have the sole, exclusive and
inherent right to govern their internal politics; in consequence of which
it now behooves every one to be critical in establishing a plan of gov-
ernment, for it will be like a seed sown which will spring up with
boughs, either extending to secure the liberties of millions yet unborn,
or serve to screen the wicked designs of crafty usurpers.
But let us take a retrospect view of the former government of New
York and their conduct towards us, and then candidly consider whether
the said State would not be as well off without the District of the New
Hampshire Grants as with, and then see if it would not be to the benefit,
peace and happiness of both, for the District of the New Hampshire
Grants to be included in a new State.
Lieut. Governor Colden represented to his Majesty and privy council,
that it would be greatly to the advantage of the inhabitants of the dis-
trict of lands to the westward of the Connecticut River, which had been
before granted by the government of New Hampshire, to be under the
jurisdiction of the province of New York, and that Connecticut River
was a good and certain boundary line to divide the two respective prov-
inces; and furthermore, that Hudson River was navigable a great way
into the country, and the situation of the New Hampshire Grants was
such as would naturally constitute that river the centre of trade and
commerce for the inhabitants of those grants, by the navigation of which,
they could easily send exports to the city of New York, and receive and
return such articles as they would; and that it would, therefore, be
much more convenient and happy for them to be under the jurisdiction
of New York, &c.
This representation of Lieut. Gov. Colden was fallacy, and would ap-
pear so to be to any gentleman that knew the situation of the New
Hampshire Grants. As to a few towns in the South-West corner of the
district of lands, aforesaid, I grant. that Hudson's River will naturally
constitute that the centre of trade thereof, and a small part of the South-
East corner of the said district, from their remote situation from Hud-
son's River, Lake Champlain, &c., and their contiguousness to Connec-
ticut River, will naturally constitute that the centre of trade for its
inhabitants; but for the greater part of the district of lands aforesaid,
their remote situation from Hudson's River, from navigation in Connec-
ticut River, and from the Eastern Seaports, will, from the contiguous-
ness thereof to Lake Champlain, Chamblee and Montreal, on the River
St. Lawrence, &c., naturally constitute them the centre of trade for the
inhabitants thereof.
This being the situation of the district of the New Hampshire Grants,
as to trade, the order would not have been made had it not been for self-
interest, that is by the handle of jurisdiction, to overreach and seduce
the people by cunning, fraud, violence and oppression, so as to make the
landed interest of the New Hampshire Grants their own, will plainly
appear by their conduct toward us.
No sooner than they had obtained jurisdiction, Lieut. Gov. Colden
gave subsequent patents to the very identical land on which the New
Hampshire settlers dwelt, to certain monopolizing attornies and favorite
gentlemen of New York. At this the peaceable inhabitants were greatly
alarmed. They sent repeatedly to New York for settlement of such
unheard of dispute, but none could be had, except they would resigu up
their New Hampshire charters and deeds, and take new ones under the
great seal of the Province of New York. At this, the inhabitants sent
an agent to the Court of Great Britain to solicit redress, and obtained
the following prohibition:
384
Appendix B.
"At a court at St. James's, the 24th day of July, 1767,
PRESENT:
The King's Most Excellent Majesty,
Archbishop of Canterbury,
Lord Chancellor,
Duke of Queensborough,
Duke of Ancaster,
Lord Chamberlain,
Earl of Litchfield,
Earl of Bristol,
Earl of Shelburne,
Viscount of Falmouth,
Viscount Barrington,
Viscount Clark,
Bishop of London,
Mr. Secretary Conway,
Hans Stanley, Esq.
His Majesty, taking the said report (that is, report of the Board of
Trade) into consideration, was pleased, with advice of his Privy
Council, to approve thereof, and doth hereby strictly charge, require and
command that the Governour, or Commander-in-Chief, of his Majesty's
Province of New York, for the time being, do not, upon pain of his
Majesty's highest displeasure, presume to make any grants whatsoever
of any of the lands describe in the said report, until his Majesty's fur-
ther pleasure shall be known concerning the same.
WILLIAM SHARPE.
Attest,
G. W BANYAR, Secy."
A true copy,
Notwithstanding the above prohibition, the respective Governors of
New York presumed to re-grant our lands, from under our feet, in open
defiance of the regal authority of Great Britain.
They also sent showers of writs of ejectment to the inhabitants, which
on trial, produced writs of possession; then the posse comitatus, consist-
ing of about 700 men, were raised to enforce possession; then the spirit-
ed inhabitants of said district may date the beginning of the war for our
rights and liberties, which we have now joined the United States of
America in. I have been a personal actor in both scenes, but can see
no odds in the nature of the dispute, however much they may differ in
their degree.
For thus defending our possessions, which the legislative and execu-
tive powers of New York attempted to take from us, by virtue of subse-
quent patents, that were laid on ours, after the arrival of the above pro-
hibition, we were indicted for rioters; large sums of money offered for
us; also twelve acts of outlawry were made by said legislative body,
dated the 9th of March, 1774, by which acts the judges were empowered
to award sentence of death without the criminal ever being arrested, or
arraigned before the bar of a court.
Before this act of outlawry was made, the following report arrived,
viz.:
Extract from a report of the Lords of Trade to the Committee of his
Majesty's Most honorable Privy Council for plantation
66
affairs, dated December 3, 1772.
Upon the fullest examination into all the circumstances which at
present constitute the state of that district, between the River Hudson
and Connecticut, out of which the greatest discords and confusion have
arisen, it seemeth to us that the principal objects of attention in the con-
sideration of any means that can be suggested for restoring public tran-
quility and quieting possessions are,
First, Those townships which, having been originally settled and
established under grants from the government of the Massachusetts
Bay, fell within this district by the determination of the Northern bound-
ary of that province in the year 1740.
Appendix B.
385
"Secondly, Those grants of land made within this district, by the Gov-
ernor of New York previous to the establishment of the townships laid
out by the Governor of New Hampshire, after the conclusion of the peace,
and which land now lies within the limits of some one or the other of
those townships.
66
Thirdly, Those townships which, having been originally laid out by
the Governor of New Hampshire, either continue in the same state or
have been confirmed by grants from New York, and also those which
have since originated under grants from the latter of those colonies.
With regard to those townships which fall under the first of the above
mentioned descriptions, when we consider the nature and origin, and the
numberless difficulties to which the original proprietors of them must
have been subjected in the settlement of lands: exposed to the incur-
sions of the savages and to every distress which the neighborhood of the
French in time of war could bring upon them, and when we add to these
considerations the great reason there is to believe that the grants were
made on the ground of military service against the enemy, we do not
hesitate to submit to your Lordships our opinion that the present pro-
prietors of those townships ought, both in justice and equity, to be quiet-
ed in their possessions, and that all grants whatsoever, made by the gov-
ernment of New York of any lands within the limits of those townships,
whether the degree of improvement under the original grant had been
more or less, are in every light oppressive and unjust; but as we are
sensible that such subsequent grants by the government of New York,
however unwarrantable, cannot be set aside by any authority from his
Majesty in case the grantees should insist on their title, we submit to
your Lordships whether it might not be expedient, in order to quiet the
original proprietors in their possessions, to propose that all such persons
who may claim possession of lands within the limits of such townships,
under New York grants, should, upon conditions of their quitting such
claim, receive a grant under the Seal of New York, upon the like terms,
and free of all expenses, of an equal number of acres in some other part
of the district lying between the rivers Hudson and Connecticut, and in
case where any actual settlement or improvement has been made by
such claimants, that they should in such case receive fifty acres of waste
land for every three acres they may have so improved.
"With regard to those grants made by the government of New York,
which fell under the second description, and upon which actual improve-
ment has been made, they do appear to us to deserve the same consider-
ation, and that the proprietors ought not to be disturbed in their posses-
sions, whether their improvements be to a greater or lesser extent; but
beg leave to observe to your Lordships that in both cases no considera-
tion ought to be had to any claim where it shall appear that no regular
possession had ever been taken, and no actual settlement ever been
made.
66
With regard to the townships which fall within the last mentioned des-
cription, we submit to your Lordships our opinions, that provided such
townships do not include lands within the limits of some antecedent grant,
upon which actual improvement has at any time been made, it would be
advisable they should be confirmed as townships according to the limits
expressed in the grants thereof, and that all persons having possession of
any share in said townships, either as original grantees or by purchase
or conveyance, and upon which shares any actual improvement or settle-
ment has been made, ought not in justice to have been, or to be in future,
disturbed in the possession of such shares; nor ought they to be bound
to any other conditions, whether of quit-rent or otherwise, than what is
contained in the grant."
386
Appendix B.
I shall here make some miscellaneous remarks on the conduct of the
former government of New York, to the inhabitants on the east side of
the mountain in said district.
Soon after they had obtained jurisdiction, the legislative body made a
law to erect that territory, which now comprehends the County of Cum-
berland, into a County, and sent the same to the Court of Great Britain
to be there ratified and confirmed. In the meantime they arrogated
power to commissionate favorite foreigners to the place of court officers;
they also commissionated a great number of both civil and military offi-
cers, such as would be most likely to be subservient to bring about their
vile and mercenary purposes. But alas! to their great surprise this law
was sent back negatived; yet in open violation to the laws of the Crown,
the legislative and executive powers assumed to themselves authority to
hold courts. Their conduct was so notorious that it was the cause of
that odious and never to be forgotten massacre at the Court-House in
said Cumberland County on the evening of the 13th of March, 1775, in
which several persons were greatly injured, and one actually murdered.
Oh! horrid scene.
Some of those officers thus appointed were very officious in advising
the inhabitants to take re-grants of their lands. They were also terrified
by threats from said province, that if the people did not comply with
their terms, they should lose all their possessions, by which means they
seduced the inhabitants of some towns so as to take subsequent patents.
The Governor and Council of New York have been aiding, assisting
and consenting to a mandamus being laid on the ancient town of Hins-
dale, which was first appropriated by a purchase from the Indians; sec-
ondly, by a grant from the Massachusetts Bay; thirdly, by the govern-
ment of New Hampshire, and fourthly, by an uninterrupted possession
and occupancy, about seventy years.
The Assembly of New York, in their State of the rights of the colony
of New York, &c., in order to rid their government of the blame justly
due, say, that said mandamus proceeded from the Crown, and was an act
decisive in itself. A very extraordinary representation. The right of
election is restricted entirely to Crown lands, whereon no Christian sub-
ject to the Crown is settled by possession or otherwise.
Common sense may teach that, a mandamus or any other Crown grant,
cannot subject the property which the subject holds under the crown by
virtue of prior grants; that would overturn all grants and make the
king absolute.
Thus, it plainly appears, that self-interest was the moving cause of the
government aforesaid making such a representation to the Court of
Great Britain. Had it not been for the sake of profit to themselves, it
is not likely they would have ever troubled his Majesty on this subject;
and if they had done it in the simplicity of their hearts to accommodate
the inhabitants in general, as to trade, &c., they would have solicited his
Majesty to annex said district to the province of Quebec; as said grants
are bounded about 100 miles on the Eastern Shores of Lake Champlain;
and from the North End of said lake to Chamblee is twelve miles, land
carriage, and to Montreal, eighteen. Near the latter, in the River St.
Lawrence, seventy-gun ships have sailed.
I cannot see that it would be any way incompatible provided the in-
habitants of said district should trade to New York, Connecticut River,
Lake Champlain, &c., and be in a new State. It never was supposed
that jurisdictional lines were so drawn that each government would
have seaports in them, so as best to accommodate every part; but in
free states every part of the country trades to the nighest and best sea-
ports without any regard to jurisdictional lines. Witness the Western
Appendix B.
387
part of the Massachusetts-Bay, and Connecticut: they have made their
main trade to the city of New York ever since the origin of their settle-
ments.
I have heard some people raise this objection, to wit: that it was in-
convenient for the district of the New Hampshire Grants to be a State,
I freely
for the sole reason of their not having a seaport in said district.
grant we have none, and if we were annexed to any other State. that
would not bring a seaport any nearer to us; those things are immovable;
yet I think we are as well off as any inland State ever was, in conse-
quence of our bordering so far on Lake Champlain, &c., by which means
the State may be supplied with all kinds of goods at a reasonable rate,
and make a good market for all such species, as are to be spared, in ex-
change. In some parts of the world there are inland kingdoms, and
why not inland states? We have our advantages and disadvantages in
this as in all other things.
At this time many of the most valuable ports in America are block-
aded up by our cruel enemies-the River St. Lawrence for one. All the
Province of Quebec is in their possession; yet, as I was with our army
at Quebec, I am conscious to myself that there are many friends of
America now in that Province. We have the greatest reason to believe
that, in the sequel of this war, all the American ports will be cleared of
those cormorants that now infest them, and that the Province of Quebec
will become one of the United States of America; and as wars have
ever been frequent in all Kingdoms and Continents, no doubt that the
United States of America will, sooner or later, be involved in war.
Wherever war centers, in any country, it brings the greatest calamities,
and most dreary scenes. Witness Boston, Charlestown, New Jersey,
&c. In such days, the invaders of America must first begin on some
sea-coast, or on some frontier States. Then we must send forth the
hardy soldiers to assist our friends and brethren, wherever occasion shall
require; then will women and children, house and property be safe with
us, while, in the neighboring State, women are ravished and murdered,
children killed, houses and property destroyed. Oh, horrid scene!
One special reason why the district of the New Hampshire Grants
cannot connect with the State of New York is, the Supreme Court
in Albany, at July term, in the year 1770, expressly declared the New
Hampshire charters null and void, by said Court giving writs of posses-
sion against the New Hampshire settlers, by virtue of subsequent pa-
tents from New York, by reason of which several of the New Hamp-
shire settlers were dispossessed of valuable farms and tenements; there-
fore, the inhabitants of said Grants cannot be freeholders in said State,
to act in any public business, till they take re-grants of their lands,
which we cannot do by any other means than by purchasing subsequent
patents from our greatest antagonists, and at their own price, which
most certainly would have been most unhealthy for our purses.
Perhaps some queries may arise in the minds of some gentlemen
whether the district of the New Hampshire Grants, in their infant state,
have men that are capable to govern the internal policy of a State, and
are able to support government. I would ask such gentlemen which of
the United States of America was so well peopled and so able, when
they began government, as we are. Surely, I think not one; but many
weaker, as to men of learning and sagacity to rule a State. I see no
great difficulty in it, though it is not common that men of so great learn-
ing, as some in the world, would go to subdue the desolate wilderness;
yet I think we have men of as much virtue, and as good talents by na-
ture, as any in the world. Tent-makers, cobblers and common trades-
men composed the legislature of Athens. "Is not the body (said Soc-
388
Appendix B.
rates) of the Athenian People composed of men like these ?" For any
man to arrogate, and say that we have not men that can govern the in-
ternal policy of a State, might, with the same parity of reason, say that
the United States of America should always be subject to Great Britain,
because there were men of more universal knowledge, as to ruling the
scepter, and more experienced generals, and better equipped with ship-
ping and warlike stores, &c.
Necessity is the mother of invention. We find, by experience, that
we have as good men to rule our Senate, as Britain her scepter; and as
noble generals in the field as English annals have any account of. Pow-
der, cannon and all kinds of warlike stores are manufactured amongst us.
Ships of war are built, and the preparations of war go on with such rap-
idity that it is not to be paralleled in history. Foreign powers are now
assisting the rising States of America in many respects. This the Uni-
ted States could not have done had they not asserted their free and nat-
ural rights and liberties that were given them by the God of Nature,
thereby to throw off the heavy yoke of bondage that George the 3d has
prepared for us and our successors.
Neither will the people of the district of the New Hampshire Grants
ever be a free and happy people, except they steadfastly maintain the
free and natural rights and liberties that were given them by the God of
Nature, thereby to throw off the bondage that the former litigous gov-
ernment of New York has attempted to ensnare us with. Those things
have greatly deterred our settlements, and should this obstacle be moved
out of the way, no doubt but many worthy gentlemen, fit for any situa-
tion in life, would move into our territories, which would be to the mu-
tual benefit of the whole.
It is true our settlements are not, many of them, of an ancient date,
yet are very flourishing, and, like young beginners, we are willing to
work for our living. We have plenty of fertile lands; our territory is
considerably larger than either of the States of New Hampshire, Con-
necticut, Rhode Island and Providence Plantations, or New Jersey. No
doubt but in a short time it will be as well peopled. As we are but
small as to numbers, our public concerns will also be small in proportion;
and as to a mode of government, there can be no greater expense in
that, for the thirteen United States will all form their modes of govern-
ment before we shall, and we can have the privilege of perusing them;
and if any of them should be agreeable, the people can adopt them, or
take such parts as shall best suit them.
Our assemblies or courts will have quite short sessions, and have but
little way to go, and all such money will be spent in the State, and as
the power of legislation is now in the people, they will not have occa-
sion to commission many salaried officers in the State. They will also
set all officers' fees at a reasonable rate As to Court Houses, some are
already built, and I cannot see why we should be at any more expense
on that account, if we are in a new State, than if we were annexed to
any other; for, take it which way you will, Court Houses and Jails will
be wanted; therefore I cannot see where any very great expense should
arise from.
If we were to be in the State of New York, then we must send dele-
gates to sit in the Provincial Congress of said State. It would be a long
and expensive road to travel, and an expensive place when there, and in
order to have the people properly represented, there should a consider-
able number go, and when they are all met in Congres, the State would
be so large that gentlemen from the extreme parts would not personally
know but very little better the situation of the other extreme parts than
a gentleman would from London. Yet most of them must stay and see
Appendix B.
389
what was done, and give their consent for or against; and as there has
been an unhappy dispute between this district and the former govern-
ment of New York, and some members of that Hon. House have been
our greatest antagonists, it is possible the best of men might be some
biased, though unperceivable to them. Thus, these gentlemen will
spend near or all, the year, in doing what little business concerns this
district, and assist others to do theirs, which they know nothing of, and in
getting other gentlemen to give their consent to all resolves that concern
this district, who will be equally ignorant of our situation, by reason of
their local situation from ours. This being the case, it necessarily fol-
lows that there ought to be delegates enough from this district to know
all business that should be necessary to be done for said district. If so,
surely the same gentlemen might, much easier and cheaper, do their
business by meeting in some convenient place iu this district, where no
other business would interfere with theirs.
When civil laws should again take place, doubtless there would be
many actions appealed up to the Supreme Court of New York, and, as
the State would be so large, doubtless they would be full of business.
For that, and many other reasons, it is likely actions would be continued
from one session to another; no doubt some very disputable cases that
need numbers of evidences personally to speak. What amazing expense
it would be for a man to go 450 miles to attend court, in this situation;
yet his action may be put along through several courts. In this way of
expense would go many thousand pounds out of this district.
The great distance of road betwixt this district and New York is alone
a convincing argument that the God of Nature never designed said dis-
trict should be under the jurisdiction of said State.
I now appeal to the impartial reader which of these two ways would
be best, wisest and cheapest, both for the district of the New Hampshire
Grants, and the State of New York.
"Brave Countrymen,
We're here assembled for the toughest fight
That e'er strained the force of American arms.
See yon wide field, with glittering numbers gay;
Vain of their strength, they challenge us for slaves,
And bid us yield their prisoners at discretion.
If there's an American among you all
Whose soul can basely truckle to such bondage,
Let him depart! For me, I swear, by Heaven,
By my great father's soul, and by my fame,
My country ne'er shall pay ransom for me,
Nor will I stoop to drag out life in bondage,
And take my pittance from Britain's hands :
This I resolve, and hope, brave countrymen,
Ye all resolve the same.
1
APPENDIX C.
MANIFESTO
PREPARED AND PUBLISHED BY ORDER OF THE WESTMINSTER CON-
VENTION, OCTOBER 30, 1776.¹
[From the American Archives, Fifth Series, vol. II, cols. 1300-1302,]
CONVENTION OF NEW HAMPSHIRE GRANTS.
In Convention of the Representatives from the several Counties and Towns
of the NEW HAMPSHIRE GRANTS, holden at WESTMINSTER, Octo-
ber 30, 1776.
When we view the almost insurmountable difficulties the inhabitants
of our infant Plantations have been subjected to in bringing a desolate
wilderness into fruitful fields, gardens, &c., together with the oppres-
sions and insults received from New-York, since our annexation thereto,
we cannot at the same time, but view some of the present conduct of
that State towards us with some degree of concern. The publick, no
doubt, have heretofore been in some measure led into the nature of the
dispute which has for a number of years last past subsisted between the
Colony of New-York and the inhabitants of said district of land, and
the several disingenuous advantages made use of by the power of that
Colony to rob those inhabitants of their interest: But, for present illus-
tration, the following are here set down as matters of fact, viz:
1. That most of us hold our lands by virtue of grants from the seve-
ral authorities of the former Provinces of the Massachusetts-Bay and
New-Hampshire. In consequence of which grants we left our native
places of abode to inhabit a desolate wood; and we have never yet learnt
any blame has been laid on either of the authorities of the Massachu-
setts-Bay or New-Hampshire for granting those lands.
2.
The jurisdiction line of New-York being extended to the west
banks of Connecticut River, by a royal order in A. D. 1764, The sev-
eral Governours of that Colony have presumed to regrant the lands
from under our feet, which has created the greatest disorders and con-
fusions.
3. Those inhabitants being unaccustomed to such disorders, were in-
duced at a great expense to petition the Crown for redress in the prem-
ises, who was pleased, with advice of his Council, to pass an order in the
following words, viz :
¹See ante, p. 38.
Appendix C.
391
“At a Court at St. James's, the 24th day of July, 1767,
PRESENT :
The King's Most Excellent Majesty,
Archbishop of Canterbury.
Lord Chancellor,
Duke of Queensborough,
Duke of Ancaster,
Lord Chamberlain,
Earl of Litchfield,
Earl of Bristol,
Earl of Shelburne,
1
Viscount Falmouth,
Viscount Barrington,
Viscount Clarke,
Bishop of London,
Mr. Secretary Conway,
Hans Stanly, Esq.
His Majesty taking the said Report (. e. Report of the Board of
Trade) into consideration, was pleased, with the advice of his Privy
Council, to approve thereof, and doth hereby strictly charge, require, and
command, that the Governour or Commander-in-Chief of his Majesty's
Province of New-York for the time being, do not, upon pain of his
Majesty's highest displeasure, presume to make any grants whatsoever,
of any of the lands described in the said report, until his Majesty's fur-
ther pleasure shall be known concerning the same.
WILLIAM SHARP.
Attest:
A true copy.
GEO. BanyaR, Dep. Sec."
Notwithstanding the above prohibition, the Governours respectively
of New-York, continued their former practice of regranting the same
lands.
4. To take the special advantage of the governing part of New-York, to
secure the titles severally to the lands thus regrauted, writs of ejectment
were sent in large detachments with officers of their appointment at the
head of them, with particular orders to execute them; and the result of
such services on trial have produced writs of possession from the Su-
preme Courts of New-York, in consequence of which several persons
have been dispossessed of valuable farms, houses, stocks, produce, &c.
And by a continuance of writs of ejectments, possessions, &c., we have
been under the disagreeable necessity to draw our swords, and for many
years past to wield them, in defence of our possessions and properties,
from the cruel and tyrannical usurpations of that Colony: And the
principle which induced us at that time to take arms in defence of our
possessions and properties, is that which now induces us to take arms
and voluntarily join our friends and brethren in the several United
States, for the defence of the liberties of the whole; and to oblige us to
desist from such necessary measures, sundry of the leading and princi-
pal Green Mountain Boys were indicted as rioters, and proclamations
issued by the legislative authority of New-York, wherein large sums of
money were offered for the purpose of appreheading and taking into
custody said riotous persons and bring them to condign punishment:
and as though this might not prove effectual to subdue the minor and
most honest of this Government, that same legislative body did make
and pass twelve acts of outlawry, which empowered the Judges, that in
case any such offender, after notice had been published and posted sev-
enty days, should not surrender himself for trial, that it should be law-
ful for the Judges to award sentence of death against him or them, the
same as though he or they had been attainted or convicted, &c.
5. The methods taken by the legislative power of New-York, in
erecting the Counties of Cumberland and Gloucester, was not (by them)
intended for the benefit of the inhabitants, as may appear by their appoint-
392
Appendix C.
ment of foreign persons to the place of court officers in the County of
Cumberland; and such persons who by their immediate influence were
most likely to prove subservient in bringing the inhabitants of the said
Counties into a disposition to apply to the power of New-York for a regrant
of the lands in said County; and it's to be observed the most of the civil
magistrates and military officers were so appointed that they were great
friends to the legislative body of New-York. Those persons thus ap-
pointed did not fail to use their influence with the inhabitants to get
themselves appointed agents to transact a business of that kind at the
court of New-York. The issue of which was, that regrants over the
great part of the lands were then obtained; and the extravagant patent
fees, together with the fees of the agents, amounted to so much that
many of us were obliged to have a considerable part of our lands dis-
posed of (thus regranted) at a very moderate price, to defray the char-
ges aforesaid, and on said subsequent patents was added more than
three-fold quit-rents.
י
The matter being brought thus far to a period, a Court-House must
needs be erected in the County of Cumberland, and a tax laid on its in-
habitants to defray the charges of the same; although it was not the
minds of the inhabitants to have the same district erected into a County:
in consequence whereof Courts of Common Pleas have been established
contrary to the free voice of the people; which was the origin of the hor-
rible and detestable massacre at the said Court-House on the 13th of
March, A. D. 1775; in which several persons were actually murdered.
Sundry gentlemen of the State of New-York, own large tracts of lands
through and round which the present inhabitants are obliged to cut
roads and build mills, for which said gentlemen pay nothing, however
valuable their lands are made by it. The Governor and Council of New-
York have laid a mandamus on the ancient town of Hinsdale, which was
at first appropriated by a purchase from the Indians; secondly, by a
grant from New-Hampshire; and third, by an uninterrupted possession
and occupancy about seventy years. The custom of the former Govern-
ment of New-York, to wit: breaking of Sabbaths, neglect of public wor-
ship, &c. We principally emigrated from the New England States; aud
could we have had as good regulations here as have been in the New
England States, no doubt but many honorable and wealthy gentlemen
would have moved their families here that have not, which would
have been to the mutual advantage of the present inhabitants. A
resolve of the honourable the Provincial Congress of the State of New-
York, in resolving, that all quit-rents formerly due and payable to the
King of Great-Britain within this State, are now due and owing unto
this Convention, or such future Government as may be hereafter estab-
lished in this State." Those grants that derived from New-IIumpshire,
pay one shilling proclamation money; and those from New-York, half a
crown sterling on each hundred acres. When in the ancient part of the
Province of New York, Livingston's Manor, a tract of land about twenty
miles square, pay but one beaver skin annually as quit-rent. Bateman's
Patent pays three pounds ten shillings sterling, a valuable tract of ninety
thousand acres; in fine all the old settled part of the Province of New-
York, pay no more than a trilling acknowledgment. Our local circum-
stances are very troublesome and fatiguing to us; some of us are upwards
of four hundred miles from the seat of Government at New-York.
The foundation of English liberties, and of all free Government, is a
right in the people to participate in their Legislative Council. And these
Counties to-wit: Cumberland and Gloucester, from their local and other
circumstances, cannot properly be represented in the honourable the
Provincial Congress for the State of New-York.
Appendix C.
393
For the above cogent reasons, we choose not to connect with the State
of New-York at present; would humbly submit to the candid reader,
whether we had not better refer our situation to the honourable the
Grand Council of the United States of America, and see if they in their
great wisdom could not retrieve us from our present fears, and put us in
such a situation, that we should be better enabled to do our proportion
in this unhappy war.
Extract from the minutes :
Ira Allen, Clerk.
IRA
(
27
APPENDIX D.
DR. THOMAS YOUNG TO THE INHABITANTS OF VERMONT.
[From a copy printed in a hand-bill, furnished by Hon. JAMES H. PHELPS of
West Townshend.] 1
IN CONGRESS, MAY 15, 1776.
WHEREAS his Britannic Majesty, in conjunction with the Lords
and Commons of Great-Britain, has by a late Act of Parliament
excluded the inhabitants of these United Colonies from the protection
of his Crown: AND WHEREAS no answer whatever to the humble Pe-
titions of the Colonies for redress of grievances and reconciliation with
Great-Britain, has been or is likely to be given; but the whole force of
that kingdom, aided by foreign mercenaries, is to be exerted for the de-
struction of the good people of these Colonies: AND WHEREAS it ap-
pears absolutely irreconcilable to reason and good conscience, for the
people of these Colonies now to take the oaths and affirmations neces-
sary for the support of any government under the Crown of Great Brit-
ain, and it is necessary that the exercise of every kind of authority
under the said Crown should be totally suppressed, and all the powers
of government exerted under the people of the Colonies, for the preser-
vation of internal peace, virtue and good order, as well as for the defence
of their lives. liberties and properties against the hostile invasions and
cruel depredations of their enemies :
RESOLVED therefore, That it be recommended to the respective As-
semblies and Conventions of the United Colonies, where no government
sufficient to the exigencies of their affairs has been hitherto established,
to adopt such government as shall in the opinion of the Representatives
of the people best conduce to the happiness and safety of their constitu-
ents in particular and America in general. Extract from the Minutes,
CHARLES THOMPSON, Secretary.
[ LETTER OF DR. YOUNG. ]
To the INHABITANTS of VERMONT, a Free and Independent State,
bounding on the River CONNECTICUT and LAKE CHAMPLAIN.
PHILADELPHIA, April 11, 1777.
GENTLEMEN,-Numbers of you are knowing to the zeal with which I
have exerted myself in your behalf from the beginning of your struggle
¹ Referred to in notes, ante, pp. 40, 42, 44, 83.
Appendix D.
395
with the New York Monopolizers. As the Supreme Arbiter of right
has smiled on the just cause of North America at large, you in a pecul-
iar manner have been highly favored. God has done by you the best
thing commonly done for our species. He has put it fairly in your
power to help yourselves.
I have taken the minds of several leading Members in the Honorable
the Continental Congress, and can assure you that you have nothing to
do but send attested copies of the Recommendation to take up govern-
ment to every township in your district, and invite all your freeholders
and inhabitants to meet in their respective townships and choose mem-
bers for a General Convention, to meet at an early day, to choose Dele-
gates for the General Congress, a Committee of Safety, and to form a
Constitution for your State.
Your friends here tell me that some are in doubt whether Delegates
from your district would be admitted into Congress. I tell you to organ-
ize fairly, and make the experiment, and I will ensure your success at
the risk of my reputation as a man of honor or common sense. Indeed
they can by no means refuse you! You have as good a right to choose
how you will be governed, and by whom, as they had.
I have recommended to your Committee the Constitution of Pennsyl-
vania for a model, which, with a very little alteration, will, in my opin-
ion, come as near perfection as any thing yet concerted by mankind. This
Constitution has been sifted with all the criticism that a band of despots
were masters of and has bid defiance to their united powers.
The alteration I would recommend is, that all the Bills intended to be
passed into Laws should be laid before the Executive Board for their
perusal and proposals of amendment. All the difference then between
such a Constitution and those of Connecticut and Rhode-Island, in the
grand outlines is, that in one case the Executive power can advise and
in the other compel. For my own part, I esteem the people at large the
true proprietors of governmental power. They are the supreme con-
stituent power, and of course their immediate Representatives are the
supreme Delegate power; and as soon as the delegate power gets too far
out of the hands of the constituent power, a tyranny is in some degree
established.
Happy are you that in laying the foundation of a new government, you
have a digest drawn from the purest fountain of antiquity, and improved
by the readings and observations of the great Doctor Franklin, David
Rittenhouse, Esq., and others. I am certain you may build on such a
basis a system which will transmit liberty and happiness to posterity.
Let the scandalous practice of bribing men by places, commissions,
&c. be held in abhorrence among you. By entrusting only men of ca-
pacity and integrity in public affairs, and by obliging even the best men
to fall into the common mass of the people every year, and be sensible
of their need of the popular good will to sustain their political impor-
tance, are your liberties well secured. These plans effectually promise
this security.
May Almighty God smile upon your arduous and important undertak-
ing, and inspire you with that wisdom, virtue, public spirit and unanimi-
ty, which insures success in the most hazardous enterprizes!
I am, Gentlemen, Your sincere friend and humble servant,
THOMAS YOUNG.
APRIL 12, 1777.
Your Committee have obtained for you a copy of the Recommenda-
tion of Congress to all such bodies of men as looked upon themselves
returned to a state of nature, to adopt such government às should in the
396
Appendix D.
opinion of the Representatives of the people best conduce to the happi-
ness and safety of their constituents in particular and America in gen-
eral.
You may perhaps think strange that nothing further is done for you
at this time than to send you this extract. But if you consider that till
you incorporate and actually announce to Congress your having become
a body politic, they cannot treat with you as a free State. While New-
York claims you as subjects of that government, my humble opinion is,
your own good sense will suggest to you, that no time is to be lost in avail-
ing yourselves of the same opportunity your assuming mistress is im-
proving to establish a dominion for herself and you too.
A WORD TO THE WISE IS SUFFICIENT.
The use made by Dr. YOUNG, of the resolution of the Continental
Congress of May 15, 1776, annoyed both New York and Congress, and
produced action in the last named body which for a time was unfavora-
ble to Vermont, as follows:
[From the Journals of Congress, 1777-8, vol. III, pp. 214, 215.]
MONDAY, June 30, 1777.
Congress resolved itself into a committee of the whole, to consider
farther the letters and papers from the State of New York, the petition
from Jonas Fay, &c. and the printed papers; and, after some time spent
thereon, the president resumed the chair, and Mr. Harrison reported,
that the committee have had under consideration the letters and papers
referred to them,' and have come to sundry resolutions thereupon, which
he was ready to report.
Ordered, That the report be now received.
The report from the committee of the whole Congress being read, was
agreed to as follows:
"RESOLVED, That Congress is composed of delegates chosen by, and
representing, the communities respectively, inhabiting the territories of
New-Hampshire, Massachusetts Bay, Rhode-Island and Providence
Plantations, Connecticut, New-York, New-Jersey, Pennsylvania, Dela-
ware, Maryland, Virginia, North-Carolina, South-Carolina, and Georgia,
as they respectively stood at the time of its first institution; that it was
instituted for the purpose of securing and defending the communities
aforesaid, against the usurpations, oppressions, and hostile invasions of
Great-Britain; and, therefore, it cannot be intended that Congress, by
any of its proceedings, would do, or recommend, or countenance, any
thing injurious to the rights and jurisdiction of the several communities,
which it represents.
66
RESOLVED, That the independent government attempted to be estab-
lished by the people, stiling themselves inhabitants of the New-Hamp-
shire grants, can derive no countenance or justification from the act of
Congress, declaring the united colonies to be independent of the crown
of Great-Britain, nor from any other act or resolution of Congress.
"RESOLVED, That the petition of Jonas Fay, Thomas Chittenden,
Heman Allen, and Reuben Jones, in the name and behalf of the people,
stiling themselves as aforesaid, praying that their declaration, that they
would consider themselves as a free and independent State, may be re-
ceived; that the district in the said petition described, may be ranked
For letters of the President of New York Convention, see Slade's
State Papers, pp. 73–75.
"
397
Appendix D.
among the free and independent States; and that delegates therefrom
may be admitted to seats in Congress,' be dismissed.
แ
RESOLVED, That Congress, by raising and officering the regiment,
commanded by Col. Warner, never meant to give any encouragement to
the claim of the people aforesaid, to be considered as an independent
State; but that the reason which induced Congress to form that corps,
was, that many officers of different states, who had served in Canada,
and alledged that they could soon raise a regiment, but were then unpro-
vided for, might be reinstated in the service of the United-States.
Whereas, a printed paper, addressed to the inhabitants of the district
aforesaid, dated Philadelphia, April 11, 1777, and subscribed Thomas
Young, was laid before Congress by one of the delegates of New-York,
to which address is prefixed the resolution of Congress of the 15th May,
1776, and in which are contained the following paragraphs: I have
taken the minds of several of the leading members of the honourable
continental Congress, and can assure you, that you have nothing to do,
but to send attested copies of the recommendation to take up govern-
ment, to every township in your district, and invite all the freeholders
and inhabitants to meet and choose members for a general convention,
to meet at an early day to choose delegates for the general Congress and
committee of Safety, and to form a constitution for yourselves. Your
friends here tell me that some are in doubt, whether delegates from your
district would be admitted into Congress. I tell you to organize fairly,
and make the experiment, and I will ensure you success at the risque of
my reputation, as a man of honour or common sense. Indeed, they can,
by no means, refuse you: you have as good a right to choose how you
will be governed, and by whom, as they had.'
Resolved, That the contents of the said paragraphs are derogatory to
the honour of Congress, and are a gross misrepresentation of the reso-
lutions of Congress therein referred to, and tend to deceive and mislead
the people to whom they are addressed."
[From the Documentary History of New York, Vol. 4, pp. 569, 570.]
RESOLUTION OF THE NEW YORK COUNCIL OF SAFETY.
OF
IN COUNCIL OF SAFETY for the STATE OF NEW YORK,
Kingston, July 17, 1777.
Resolved that printed Copies of the Resolutions of the Honourable
Continental Congress of the 30th of June last be transmitted to James
Clay Esqr. Chairman of the General Committee of the County of
Cumberland and delivered to Colonel Eleazer Patterson' and Major
¹ Col. ELEAZER PATTERSON of Vernon should not be confounded (as
the editor has unfortunately done once on page 299 of this volume,) with
Sheriff William Patterson of Westminster, the chief actor in the 66 Mas-
sacre." Eleazer Patterson was a whig, one of the Committee of Safety
of his town, assistant judge (under New York) of the inferior court of
common pleas and of the court of oyer and terminer for Cumberland
County, and colonel of the southern or lower regiment of militia in that
county. He was a strong adherent to New York, suffered some for his
zeal in that service, petitioned for remuneration with several others, but
was refused.-See B. H. Hall's Eastern Vermont.
398
Appendix D.
1
John Wheelock, and that they be requested to distribute the same
throughout the eastern District of this State in such manner as will
most effectually convey to the Inhabitants of the said District the Dis-
approbation of the Honble Continental Congress, of the Illegal Proceed-
ings of their pretended Convention and their adherents and abettors.
Extract from the Minutes,
ROBT. BENSON, Secr'y.
REPORT OF JAMES CLAY THEREON.
Presuant to the above Resolves, I have Carred and Sent to the Sub
Committee, of every Town in the County, a number of the Continental
Resolves in order that the Inhabitance might see them, with a desire as
followeth
Gentlemen
These are to Desire you to call a Town meeting of the Inhabitance of
your Town, in order to hear the Resolves of the Continental Congress,
and to Chuse County Committee Men, if your Town bath not already
Chosen, to meet at Westminster Court house, on the first Tuesday in
September next, at Ten a Clock in the fournoon, in order to Tranceact
the Publick Bisness of the County, and all other Matters that May
Come before them.
JAMES CLAY Chairman
of the County Committee.
Putney, July ye 28, 1777.
To the Sub Committee of
The above is a True Copy of what was sent to the Towns. J. CLAY.
WARRANT FOR THE ARREST OF JAMES CLAY, Esq.
IN COUNCIL OF SAFETY, STATE OF VERMONT,
Bennington 10th august 1777.
To Jesse Burk, you are heareby Required to take the Body of Capt.
James Clay of Putney and him safely keep so that you have him Before
this Council to answer the complaints against him you are to take suit-
able assistance and make due Return of your proceedings herein at the
same time for which this shall be your sufficient warrant.
By order of Council,
A true Copy Compared.
JONAS FAY, Vice President.
JESSE BURK.
3
¹ See biographical notice, post.
This was practically the last meeting of the County Committee,
though a part of the town committees continued to meet: so that the
resolutions of the Continental Congress failed to serve the purpose in-
tended by New York.-See note, ante, p. 137.
3 This order was of course in that part of the record of the Vermont
Council of Safety which has never been found, and here it appears as a
copy of the order to Burk. JESSE BURK of Westminster was second
sergeant in Azariah Wright's company in the whig west parish, and after-
ward, under Vermont, he was captain. He succeeded to the tory William
Patterson as the New York sheriff of Cumberland county in 1775, and
seems to have held the office until May 5, 1777; possibly later, as Paul
Spooner, who was commissioned on that day, declined the office. The
order of the Council of Safety in August of that year, and his execution
of it, shows that he had accepted the authority of Vermont.-See B. H.
Hall's Eastern Vermont.
Appendix D.
399
REPORT OF MR. CLAY ON HIS ARREST.
PUTNEY August ye 16: 1777.
I was taken by the within named Jesse Burk, and was carried by him
before the within named Council, I asked said Committee what was the
Complaint against me, Col. Chittenden Answered me, and said that I
had acted under the State of New York contrary to their Resolves of
June last in my notifying the County Committee to meet again, and
sending about the Continental Resolves, and Seting the People against
the New State, and they detained me their Six Days, and then set me
a liberty with my Promising to Caraey a Letter to Burk.
JAMES CLAY.!
If there is not an error in the date of the order of the Vermont
Council of Safety (August 29, 1777,) Capt. Clay was brought before the
Council twice, and there is no record of what transpired at the second
arraignment. The quotation from B. H. Hall's Eastern Vermont, on p.
137 of this volume, evidently refers to Capt. Clay's first arraignment as
above given.
APPENDIX E.
REMARKS ON ARTICLE THREE OF THE DECLARATION
OF RIGHTS.
By Hon. DANIEL CHIPMAN.
[From Memoir of Thomas Chittenden, by D. Chipman, pp. 86-93.]
The framers of our Constitution, having, as suggested, founded it on the
equal rights of the citizens, and having pretty correct notions of reli-
gious liberty, had no idea of authorizing the Legislature to tax the mi-
nor sects for the benefit of the standing order, yet they considered that
as all classes of the community had a common interest in the support of
public worship, as they had in the support of common schools, they
ought to contribute in like manner for its support. And they author-
ized the Legislature to pass Laws to enforce the observation of the Sab-
bath, and to tax the people for the support of public worship, trusting
that they would do it in such manner as to afford no just ground of com-
plaint. They accordingly made the following addition to the Section
[as the third section stood in the Constitution of Pennsylvania:] "Nev-
ertheless every sect or denomination of people ought to observe the Sabbath,
or the Lord's day, and keep up, and support, some sort of religious wor-
ship, which to them shall seem most agreeable to the revealed will of God.”
The Legislature at their first session in March, 1778, passed an act to
enforce a due observation of the Sabbath; and at the October session in
1781, an act was passed authorizing towns to lay taxes on the lands
within their limits, for the purpose of building meeting-houses, school-
houses, and bridges, but they passed no act authorizing towns to lay taxes
upon their lists for the building of meeting-houses and the support of
ministers, until October 1783, when they passed an act entitled "an act
enabling towns and parishes to erect proper houses for public worship,
and support ministers of the gospel." The following is the preamble
and extracts from the enacting part:
"AN ACT to enable Towns and Parishes, to erect proper Houses for pub-
lic Worship, and support Ministers of the Gospel.
"Whereas, it is of the greatest importance to the community at large,
as well as to individuals, that the precepts of christianity and rules of
morality be publicly and statedly inculcated on the minds of the inhab-
itants:
"Therefore, Be it enacted, &c. that whenever any town or parish shall
think themselves sufficiently able to build a meeting-house, or settle a
Appendix E.
401
minister, it shall be the duty of the town or parish clerk, on application
of seven freeholders of such town or parish, to warn a town or society
meeting, mentioning the time, place, and matter to be debated; giving
twelve days notice, by posting the same at the most public place, or pla-
ces, in said town or parish: and that two thirds of the inhabitants of such
town or parish, who shall meet agreeable to such warrant, being legal
voters, and of similar sentiments with respect to the mode of worship,
shall be hereby authorized to appoint a place or places for the public
worship of GOD, and fix on a place or places for building a house or
houses of worship, and vote a tax or taxes sufficient to defray the expense
of such building or buildings; and also to hire, or otherwise agree with,
a minister or ministers to preach in such town or parish, either to supply
such town or parish with preaching, or on probation for settlement; and
further to vote such minister or ministers such settlement or settlements
in money, or otherwise, as to them shall seem equal; and to vote such
minister or ministers such annual support in money, or otherwise, (to be
agreed on between such minister or ministers and people) as shall be
found necessary; to be assessed on the polls and rateable estates of per-
sons living, or estates lying within the limits of such town or parish.
Provided, no person shall be obliged to pay such tax or taxes, or any part
thereof, or his estate taken therefor, who shall be hereafter described
and exempted by this act. Provided also, that no vote shall be deemed
legal and binding on such inhabitants as are not by law exempted as
aforesaid, unless there shall be twenty-five legal voters in the affirma-
tive. And if the inhabitants of any town or parish shall agree to build
a meeting-house or houses, agreeable to the tenor of this act, but shall
not agree on the place or places to build the same; in that case it shall
be the duty of the county court, at their sessions within the county
where such difficulty may arise, at the request of not less than seven
members, inhabitants of such town or parish, to appoint an indifferent
committee at the discretion of the court, and cost of such town or par-
ish, to view attentively such town or parish, and find out the most con-
venient place or places for such houses, and there set up a stake or
stakes, and acquaint the clerk of such town or parish therewith, who
shall make a record thereof; and such committee shall report their do-
ings to the court that appointed them; which court shall examine said
report, and if found to be just and equal, shall establish the same.
"And whereas, there are in many towns and parishes within this State,
men of different sentiments in religious duties, which lead peaceable
and moral lives, the rights of whose conscience is not to control; and
likewise some, perhaps, who pretend to differ from the majority with
a design to escape taxation:
"Therefore, Be it enacted, that every person or persons, being of adult
age, shall be considered as being of opinion with the major part of the
inhabitants within such town or parish where he, she, or they shall
dwell, until he, she, or they shall bring a certificate, signed by some min-
ister of the gospel, deacon or elder, or the moderator in the church or
congregation to which he, she, or they pretend to belong, being of a dif-
ferent persuasion; which certificate shall set forth the party to be of
their persuasion; and until such certificate shall be shewn to the clerk
of such town or parish, (who shall record the same,) such party shall be
subject to pay all such charges with the major part, as by law shall be
assessed on his, her, or their polls or rateable estate."
Many towns taxed the inhabitants to raise money for building meet-
ing-houses, settling and supporting ministers, agreeably to the provis-
ions of the act. It was productive of great good; the people in the dif-
402
Appendix E.
ferent towns, collected from various parts of New England, more readily
united for the support of public worship, in a mode to which they had
been accustomed, than they would have done in any new mode. But in
most of the towns there was a greater proportion of those belonging to
the minor sects, than there were in the other New England States, and
an opposition to the [above quoted] Ministerial act was at once mani-
fested. And this opposition naturally increased from year to year, until
the year 1801, when the Legislature repealed the clause in the Ministe-
rial Act, enabling any individual to obtain a certificate to exempt him
from the payment of taxes, and enacted the following as a substitute:
"That every person of adult age, being a legal voter in any town
or parish, shall be considered as of the religious opinion and sentiment of
such society, as is mentioned in said act, and be liable to be taxed for the
purposes mentioned in said act, unless he shall, previous to any vote,
authorized in and by said act, deliver to the clerk of said town or parish,
a declaration in writing, with his name thereto subscribed, in the follow-
ing words, to wit: I do not agree in religious opinion, with a majority of
the inhabitants of this town."
This, it was supposed, would remove all objections and silence all
complaints against the Ministerial act, but it was soon found that the
number of those opposed to the act was increasing. At every session
of the Legislature, efforts were made to repeal the act, until the year
1807, when the Legislature repealed the offensive parts of it, divesting
the towns of all power to act or pass any vote for the building of meet-
ing-houses or the support of ministers, leaving every individual to de-
cide for himself whether he would contribute anything for the promo-
tion of those objects. It was well that this act was continued so long
under various modifications. It has taught us a valuable lesson, that all
laws must be made in the spirit of our free institutions, or they will be
neither satisfactory, useful, or permanent.
It was for some time supposed that the dissatisfaction of the people
with the Ministerial act arose from their objections to its details, and
they were modified, but this appeared to have no other effect than to in-
crease the opposition to the act. And at length the people spoke to the
Legislature in a language which could not be misunderstood,-we will
not permit the Legislature to interfere in any manner with our religious
concerns. When this act was repealed, great fears were entertained
that the cause of religion would suffer, that public worship could not be
supported without the aid of the law, that ministers would be driven
from their profession for want of a support, but the condition of the
clergy was improved by the repeal of the act. And now [1849] after the
experience of more than forty years, it is evident that the time had ar-
rived for setting aside that system of supporting public worship by taxa-
tion, which was adopted by our puritan fathers, and which was so neces-
sary in that age for the support of a pious and learned clergy, and which
had been so beneficial in the first settlement of this State. But useful
as that system had been, while those in the minor sects were few in num-
ber, it proved otherwise when their numbers had greatly increased. As
none but the Congregationalists taxed them for the support of the gos-
pel, they naturally imbibed a strong prejudice against that order, but
since the cause has been removed, since all the christian sects have been
placed on an equal footing, that prejudice is wearing off, and there is a
fair prospect that all the christian sects will treat each other in a true
christian spirit.
APPENDIX F.
THE NAME "VERMONT.”
[From Zadock Thompson's Vermont, Part First, p. 4, note.]
This name is said to have been adopted upon the recommendation of
Dr. THOMAS YOUNG. The following account of the christening of the
Green Mountains is given by the Rev. SAMUEL PETERS, in his life of
the Rev. HUGH PETERS, published at New York in 1807:
Verd-Mont was a name given to the Green Mountains in October,
1763, by the Rev. Dr. Peters, the first clergyman who paid a visit to the
30.000 settlers in that country,' in the presence of Col. Taplin, Col.
Welles, Col. Peters, Judge Peters and many others, who were proprie-
tors of a large number of townships in that colony. The ceremony was
performed on the top of a rock standing on a high mountain, then
named Mount Pisgah because it provided to the company a clear sight
of Lake Champlain at the west, and of Connecticut river at the east,
and overlooked all the trees and hills in the vast wilderness at the north
and south.2 The baptism was performed in the following manner:
Priest Peters stood on the pinnacle of the rock, when he received a bot-
tle of spirits from Col. Taplin; then haranguing the company with a
short history of the infant settlement, and the prospect of its becoming
an impregnable barrier between the British colonies on the south and
the late colonies of the French on the north, which might be returned
to their late owners for the sake of governing America by the different
powers of Europe, he continued, we have here met upon the rock
Etam, standing on Mount Pisgah, which makes a part of the everlasting
hill, the spine of Asia, Africa and America, holding together the terres-
trial ball, and dividing the Atlantic from the Pacific ocean-to dedicate
and consecrate this extensive wilderness to God manifested in the flesh,
and to give it a new name worthy of the Athenians and ancient Spar-
taus,-which new name is Verd Mont, in token that her mountains and
hills shall be ever green and shall never die.' He then poured out the
spirits and cast the bottle upon the rock Etam.
¹The population of Cumberland and Gloucester counties, as taken by
the authority of New York, was 4669 in 1771-eight years after Dr.
Peters' visit. Dr. Williams said: "These two Counties, at that time,
contained about two thirds of the people in the whole district. The
whole number of inhabitants therefore in 1771 must have been about
seven thousand."-Williams's Vermont, second edition, vol. 2, p. 478.
The editor of this volume is ignorant of any mountain in Vermont
which answers precisely to this description. Mansfield and Camel's
Hump come the nearest to it, as from the rocks on their crests Lake
Champlain can be clearly seen; Connecticut river, however, cannot be
seen. Each of these mountains gives a view beyond the deep valley
through which that river runs.
404
Appendix F.
There is no doubt (added ZADOCK THOMPSON,) that the name Verd
Mont had been applied to this range of mountains long previous to the
above transaction, (if, indeed, it ever took place;) but we do not find that
the name Verd Mont, or Vermont, was ever applied to the territory gen-
erally known as the New Hampshire Grants, previous to the declaration
of the independence of the territory in January 1777.
From the mode in which Mr. THOMPSON introduced the foregoing
note in his Vermont, the reader is liable to infer that the honor of giving
the name Verd Mont was claimed for the Rev. Hugh Peters, from the
history of whom the account was extracted: but that reverend gentle-
man was convicted of treason in England, and executed Oct. 16, 1660–
one hundred and three years previous to the event alleged above. The
"Rev. Dr. Peters," who it is said performed the rite of baptism in a de-
cidedly spiritual way, was no other than the author of the History of the
Rev. Hugh Peters. In other words, SAMUEL A. PETERS, D. D., LL.D.,
of Hebron, Connecticut, claimed that he himself was the officiating
priest on the occasion described. In three biographical dictionaries,
which have been examined, he is styled SAMUEL A. PETERS, D. D,
LL. D., but in the preface to the American edition of the History of
the Rev. Hugh Peters, (the first edition of which was printed in Eng-
land,) the middle name is omitted. Rev. SAMUEL PETERS, LL. D., was
born in Hebron, Conn. in 1717;' while SAMUEL A. PETERS, D. D.,
LL. D, was born in the same town eighteen years later, to wit, Dec. 12,
1735.2 SAMUEL A. PETERS was the author of a History of Hugh Peters,
and also of A General History of Connecticut, printed in London in 1781,
and re-printed in New Haven, Conn., in 1826. He was once selected
for the office of Bishop of the Protestant Episcopal Church in Vermont,
but was never consecrated. It will be noticed that Mr. THOMPSON
hints a doubt of the veracity of this historian; knowing, doubtless, that
his history of Connecticut had been characterized as "the most unscru-
pulous and malicious of lying narratives." It is in that volume, so
broadly condemned, that the following other Vermont scene is described
—Bellows Falls; and it is given here as a specimen of Mr. Peters's style
of history:
"Here water is consolidated, without frost, by pressure, by swiftness,
between the pinching, sturdy rocks, to such a degree of induration, that
an iron crow floats smoothly down its current:-here iron, lead, and
cork, have one common weight:-here, steady as time, and harder than
marble, the stream presses irresistible, if not swift, as lightning:-the
electric fire rends trees in pieces with no greater ease, than does this
mighty water."-See General History of Connecticut, American edition,
p. 110.
1
History of Hugh Peters, by Samuel A. Peters, p. 116.
2 Drake's Dictionary of American Biography, and Allibone's Dictionary
of Authors,
APPENDIX G.
THE UNION OF NEW HAMPSHIRE TOWNS WITH VER-
MONT, IN 1778-9.
[From Ira Allen's History of Vermont, in Vermont Hist. Soc. Coll., vol. 1, pp. 394-400.]
Since the acquiescence of the late government of New Hampshire to
the change of jurisdiction in 1764, a good understanding subsisted be-
tween New Hampshire and the district of the New Hampshire Grants;
indeed, that State had gone further towards the admission of Vermont
to sovereignty and independence than any other, as will appear from
President Weare's letter of July 1777, to Ira Allen, Secretary of the
State of Vermont, announcing the assistance that State was sending,
under the command of General Starks, for the defence of the frontiers; i
the stile and expressions in his letter were addressed to Vermont as a
new but sovereign free state. From these circumstances, it appeared
that New Hampshire had virtually acknowledged the independence of
Vermont, and it was expected that she would use her influence to have
it acknowledged by Congress; but these prospects were soon clouded by
the conduct of some people contiguous to Connecticut River, in New
Hampshire, who attempting privately to concert measures to bring the
seat of government to said river, called a Convention at Hanover to con-
cert measures to unite all the New Hampshire Grants in one entire
State; to effect which, a pamphlet was printed in 1778, in which it was
stated, that New Hampshire was granted as a province to John Mason,
and to extend sixty miles from the sea, which formed the line called and
known by the name of the Mason line; that the lands to the west of
that were annexed to New Hampshire by force of royal authority, and
the lands were granted in pursuance of instructions from the King and
Privy Council; that the jurisdiction of New Hampshire, west of the
Mason line, ceased with the power of the crown, as it was held by force
of royal commission only; that therefore the people were at liberty to
chuse what form of government they would establish, and they thought
proper to unite with the people of the New Hampshire grants, west of
Connecticut River, who were about to establish a new State. These
measures drew the attention of the people, so that a petition from six-
teen towns, (including Hanover and others on the east side of Connecti-
cut River,) was presented to the legislature of Vermont, at their first
session, in March, 1778; in the course of said petition it was stated, that
¹See ante, p. 132.
2
"The editor of this volume has tried, but in vain, to procure a copy of
the proceedings of the convention at Hanover, and of the pamphlet al-
luded to by Allen.-See ante, pp. 275, 276, note, and 278.
406
Appendix G.
said sixteen towns were not connected with any State with respect to
their internal police, and requested Vermont to receive them into union
and confederation. The legislature was much perplexed with this peti-
tion; the most discerning men were apprehensive of difficulty from New
Hampshire if they interfered with her internal police; the dispute arose
so high, that some members contiguous to Connecticut River threatened
to withdraw from the legislature, and unite with the people east of the
said river, and form a State. At length it was resolved, to refer said!
petition to the consideration of the freemen of the several towns, to ac-
cept or reject said petition, and to instruct their representatives accord-
ingly; a majority were in favor of said sixteen towns, consequently, at
the next session of the legislature, an act was passed, authorizing said
sixteen towns to elect and send members to the legislature of Vermont
at their next session; this also laid a foundation for more towns to unite
as aforesaid.
The sixteen towns announced to the government of New Hampshire
that they had withdrawn from their jurisdiction, and wished to have a
boundary line settled between them, and a friendly intercourse con-
tinued.
Meshak Weare, Esq., was then President of that State,, who wrote to
Thomas Chittenden, Esq., Governor of Vermont, reclaiming said six-
teen towns, predicating on the established bounds of the late province
of New Hampshire; that said towns were represented in the provincial
Congress in 1775; on their applying to that government for arms, &c.,
on their receiving commissions, and acting as a part of the State of New
Hampshire; that a minority claimed protection; that the State felt it a
duty to afford it. He also wrote to the delegates of that State in Con-
gress, urging them to procure the interference of Congress; therefore
President Weare recommended to Governor Chittenden to use his influ-
ence to dissolve so dangerous a connection.
On the receipt of these dispatches Governor Chittenden convened the
Council, who appointed General Ethan Allen to repair to Congress in
quality of agent to make such statements as might be consistent, and to
learn how the conduct of Vermont was viewed by that body. General
Ethan Allen reported to the legislature in October, 1778, that the mem-
bers of Congress were unanimously opposed to Vermont's extending
jurisdiction across Connecticut River; that if she dissolved her unions,
they generally appeared in favour of her independence. At this time
ten of said sixteen towns were represented in the legislature of Ver-
mont, when it was proposed to form the towns that had united with that
State into a county by themselves, which was rejected by this and
some other votes. It appeared that the Assembly declined to do any
thing more to extend their jurisdiction to the east of Connecticut River.
The members from those towns withdrew from the Assembly, and were
followed by the Lieutenant Governor, three members of the Council,
and fifteen members of the Assembly, who lived near Connecticut River.
The object was, to break up the Assembly, as the constitution required
two-thirds of the members elected to form a house for business, but there
remained a quorum who proceeded to business. They referred the mat-
ter respecting said sixteen towns to the freemen to instruct their repre-
sentatives; as the union was formed by the voice of the people, the
legislature chose to dissolve it in the saine way. Ira Allen, Esq., was
appointed and instructed to repair to the court of New Hampshire, in
order to settle any difficulties that might subsist in consequence of said
sixteen towns; Mr. Allen attended the General Court of New Hamp-
shire, stated the causes that had produced said union, and the embarrass-
ments the legislature of Vermont laboured under; that it would be
Appendix G.
407
dissolved at the adjourned term in February, which appeared satisfactory
to the General Court of that State. The dissenting members of the leg-
islature convened by themselves, and invited all the towns on the New
Hampshire grants, on both sides of Connecticut River, to send mem-
bers to form a convention at Cornish, on the 9th of December, 1778.
When the convention met, they agreed to unite, without any regard to
the boundary line established on the west bank of Connecticut River in
1764. The convention then proceeded to make the following proposals
to the Government of New Hampshire, viz.
"Either to agree with them on a divisional line, or to submit the dis-
pute to Congress, or to arbitrators mutually chosen.' If neither of these
proposals should be accepted, and they could agree with New Hamp-
shire upon a plan of government, they resolved further, “We will consent
that the whole of the grants connect with New Hampshire, and become
with them one entire state, as it was limited and bounded, before the set-
tling of the said line in 1764." Until one of these proposals should be
complied with, they resolved to trust in Providence, and defend them-
selves. There were but eight towns from Vermont which were repre-
sented in this convention, and some of them declined to act in making
any overtures to New Hampshire, to extend their jurisdiction over the
state of Vermont. But the proceedings of the Convention served to dis-
cover to the whole body of the people what had been the views of the
leading men, in proposing the union of the sixteen towns from New
Hampshire: It was now manifest, that their whole aim had been to
form a government, the center and seat of which should be upon Con-
necticut River. This would be effected either by connecting a consid-
able part of New Hampshire with Vermont, or by breaking up the
government of Vermont, and connecting the whole of it with New
Hampshire; the one or the other of these measures they were earnest
to effect, and either of them would probably have formed a state, the
metropolis of which must have been upon the river which divides the
two states.
On the meeting of the legislature of Vermont at Windsor, February
12, 1779, to get rid of a connexion which had occasioned so much trouble
and danger, the Assembly passed an act, dissolving the union of the six-
teen towns in New Hampshire. Mr. Ira Allen was again appointed to
wait on the General Assembly of New Hampshire, then sitting at Ex-
eter, with the act of dissolution, and to make such explanations respect-
ing the whole transaction as might be conducive to a good understand-
ing between the two states. After discharging the duties of his mission,
and before he left Exeter, he found it was the intention of some mem-
bers in the Assembly of New Hampshire to extend jurisdiction over the
territory of Vermont, under the pretence of opposing the claim of New
York, and the befriending of the new State in Congress. Mr. Allen
thanked them for their good intentions, and offered, as his opinion, that
Vermont would receive more benefit by their disinterested vote in Con-
gress than by being a party. Mr. Ira Allen discovered the true, though
secret cause of this pretended friendship towards Vermont, by a convèr-
sation with Major Atkinson, a member from Portsmouth, with some
other members in a coffee-house, in which he observed that as the seat
of government had been moved from Portsmouth to Exeter, and would
soon be removed to Concord, the eastern members ought to contrive and
sell the seat of government to the highest bidder, and so let it go to Con-
necticut River; and as Governor Wentworth and his Council had made
fortunes by granting lands, we may do the like by extending our juris-
diction, and giving out grants of unlocated lands, which will be included
in the new acquisition."
408
Appendix G.
This conversation evidently showed what measures would be adopted
by the Court of New Hampshire, to extend their claim.
Ira Allen pru-
dently kept the matter a secret, until he returned to Vermont, when he
informed the Governor and Council thereof, who failed not to make pro-
per use of the hints. They kept the matter a secret also, and, at the
next session of the legislature, (which was previous to the meeting of
the General Court of New Hampshire,) Mr. Ira Allen was again ap-
pointed to go and concert measures with the general Court of New
Hampshire, with instructions to settle a boundary line between said
States, to quiet the minds of the people on both sides of Connecticut
river, and to make them easy under their respective Governments.
Mr. Ira Allen attended the court of New Hampshire, and made his
mission known, but found they were pursuing measures to extend their
jurisdiction over Vermont, from pretended friendship, and to overturn
the claim of New York then before Congress; after which the Legisla-
ture of New Hampshire pretended they would withdraw their claim,
and urge Congress to admit Vermont to be a State, and to have a seat
in that venerable body. Upon such ostensible reasoning, Mr. Ira Allen
was advised, as agent of Vermont, to assent to the plan and claim of
New Hampshire, and was assured that the interest of Vermont as a sep-
arate State from New Hampshire, was the pledged principle on which
they acted. Mr. Allen expressed no doubt of their sincerity, but re-
plied, that he was convinced that it would be the opinion of the Gover-
nor and Council of Vermont, that the highest act of friendship to be
shewn by the Legislature of New Hampshire to the State of Vermont,
would be, not to become a party in the dispute, but to use her influence
and vote in Congress in favour of Vermont, and to unite their mutual
endeavours in quieting the people settled on both sides of Connecticut
River, and rendering them contented under their respective States, by
establishing a boundary line.
In the mean time Mr. Allen discovered the President's plan was, un-
der pretence of friendship to Vermont, to lay before Congress a claim
of jurisdiction over the State; and that New Hampshire would make
interest to have Congress decide against New York in her favour, to set-
tle a dispute, that otherwise might be injurious to the common cause of
the United States. That when such decision was made in favour of
New Hampshire, the people that had professed allegiance to New York,
and those who had withdrawn from the Legislature of Vermont with
their friends, would naturally be for uniting with New Hampshire.
That the people contiguous to Connecticut River, would feel an interest
in joining with New Hampshire, on account of the seat of Government
coming there.
That a union with New Hampshire would secure the title of Lands
under the New Hampshire Grants, in consequence of which those on the
west side of the Green Mountains, &c. would follow the example of
those contiguous to Connecticut river, rather than contend alone for in-
dependence.
That the State of New Hampshire would be benefited by the unloca-
ted lands in the district of Vermont, and that, if possible, Mr. Allen
should be persuaded to consent to such a claim.
That President Weare, supposing Mr. Allen unacquainted with the
real object of the plan, fell in company with, and in conversation advised
him to give his consent to the claim, as the means to defeat the claim of
New York, and bring Vermont into a confederacy with the thirteen
United States, as a proper acknowledgment of her great exertions in
the common cause, as well as to quiet the minds of the people, and to
settle the discord subsisting on both sides of Connecticut river, and de-
Appendix G.
409
clared on his honour that he had no secret design of overthrowing the
present system of Government adopted in Vermont, or of uniting that
State to New Hampshire, and called God to witness the truth of his as-
sertions; several members of the Council and Assembly then present,
declared themselves in like manner. Mr. Allen thanked them for their
good intentions, and told them his present instructions and power did not
authorize him to assent to their claim, which he opposed, and thought it
very strange that the Legislature of New Hampshire should insist upon
doing Vermont a favour, when her agent thought and contended that it
would be an injury; he therefore requested in general Court, that the
determination of the matter be referred to their next session, that the
The
opinion of the Legislature of Vermont might be taken thereon.
question was moved and carried by a majority.
This procrastination was essential to Vermont, as it tended to unite
the people contiguous to Connecticut river on the west, which was nec-
essary at the next election, and to counteract the designs of the Cornish
Convention, as well as to gain time to guard against the ill effects of
such a claim, if extended, and which afterwards was accordingly done,
so that the jurisdictional claim of New Hampshire extended as before
the year 1764, including the whole of Vermont.
Accordingly that State put into Congress a claim to the whole terri-
tory of Vermont. As New Hampshire had not the least pretence, upon
any principle whatever, to make such a claim, it was not doubted in
Vermont, but that intrigues had been formed by the leading men in
those two States, to divide Vermont between them. Massachusetts now
interposed; whether aiming to disappoint the views of New Hampshire
and New York, or in earnest to secure a part of the controverted lands,
that State also put in a claim to a large part of Vermont.
[From Belknap's History of New Hampshire, vol. II, pp. 338-345.]
The inhabitants on the eastern side of Connecticut river [in 1778]
were very conveniently situated to unite with those on the western side,
and many of them had the same principles and views. They argued
that the original grant of New Hampshire to Mason was circumscribed
by a line drawn at a distance of sixty miles from the sea; that all the
lands westward of that line, being royal grants, had been held in subjec-
tion to the government of New Hampshire by force of the royal com-
missions, which were vacated by the assumed independence of the
American colonies; and therefore that the inhabitants of all those lands
had “reverted to a state of nature." By this expression, however, they
did not mean that each individual was reduced to such a state; but that
each town retained its corporate unity, unconnected with any superior
jurisdiction. They distinguished between commissions derived from the
King, which were revokable at his pleasure, and incorporations held on
certain conditions, which being performed, the powers and privileges
granted by the incorporations were perpetual. They asserted that juris-
dictions established by royal commissions could bind a people together
no longer than the force which first compelled continues to operate; but
when the coercive power of the King was rejected, and its operation had
ceased, the people had a right to make a stand at the first legal stage,
viz. their town incorporations. These by universal consent were held
sacred; hence they concluded that the major part of each one of those
towns had a right to control the minor part; and they considered them-
28
410
Appendix G.
selves as so many distinct corporations, until they should agree to unite
in one aggregate body.'
In these sentiments the people were not all united. The majority of
some towns was in favor of their former connexion, [with New Hamp-
shire,] and in those towns where the majority inclined the other way,
the minority claimed protection of the government.
They supposed that the existence of their town-incorporations, and of
the privileges annexed to them, depended on their union to New Hamp-
shire; and that their acceptance of the grants was in effect an acknowl-
edgment of the jurisdiction, and a submission to the laws of the State;
from which they could not fairly be disengaged without its consent; as
the State had never injured or oppressed them.
Much pains were taken, by the other party, to disseminate the new
ideas. Conventions were held, pamphlets were printed, and at length a
petition was drawn in the name of sixteen towns,* on the eastern side
of Connecticut River, requesting the new State, which had assumed the
name of VERMONT, to receive them into its union, alleging, that
they were not connected with any other State, with respect to their in-
ternal police.' The Assembly at first appeared to be against receiving
them; but the members from those towns which were situated near the
river on the west side, declared that they would withdraw and join with
the people on the east side, in forming a new State. The question was
then referred to the people at large, and measures used to influence a
majority of the towns to vote in favor of the union, which the Assembly
could not but confirm. The sixteen towns were accordingly received,
[1778, June 11;] and the Vermont Assembly resolved, that any other
towns on the eastern side of the river might be admitted on producing
a vote of a majority of the inhabitants, or on the appointment of a Rep-
resentative. Being thus admitted into the State of Vermont, they gave
notice [June 25] to the government of New Hampshire, of the separa-
tion which they had made, and expressed their wish for an amicable set-
1
Marginal note by Mr. Belknap: "Public defence of the right of the
New Hampshire Grants, &c. Printed 1779." This note indicates that
the statement is the substance of the argument contained in the pamph-
let referred to as of 1778 by Ira Allen, and the reader can compare this
statement with Allen's in the preceding extract. The view then enter-
tained of the right of the towns, as corporations, to establish a state gov-
ernment, was practically exemplified in the constitution of Vermont,
which was adopted by a convention of town delegates, without being sub-
mitted to the people at large for adoption or rejection.
* 1 Cornish,
2 Lebanon,
3 Dresden,
4 Lime,
5 Orford,
6
Piermont,
7 Haverhill,
8 Bath,
a name given to the district
belonging to Dartmouth Col-
lege, but now disused.
10
9 Lyman,
Apthorp, {tleton and Dalton.
now [1791] divided into Lit-
11 Enfield,
12 Canaan,
13 Cardigan, now [1791] Orange.
14
Landaff,
15 Gunthwaite, now [1791] New Concord.
16 Morris-town, now [1791] Franconia. 2
2 This note is from BELKNAP. It will be seen that he does not include
Hanover, unless he included it in Dresden. This is true also of the res-
olution of the General Assembly of June 11, 1778. In 1781, Dresden
and Hanover both acceded to the second union with Vermont, as dis-
tinct towns.-See Slade's State Papers, p. 137.
Appendix G.
411
tlement of a jurisdictional line, and a friendly correspondence.¹ The
President of New Hampshire, in the name of the Assembly, wrote to
the Governor of Vermont, [August 22,] claiming the sixteen towns as a
part of the State, the limits of which had been determined prior to the
revolution reminding him that those towns had sent delegates to the
[New Hampshire] convention in 1775; that they had applied to the As-
sembly for arms and ammunition, which had been sent to them; that
their military officers had accepted commissions and obeyed orders from
the government [of New Hampshire;] that the minority of those towns
was averse to a disunion, and had claimed protection of the State, which
the Assembly thought themselves bound to afford; and beseeching him
to use his influence with the Assembly of Vermont to dissolve the newly
formed connexion.
At the same time, [Aug. 19,] the President wrote to the delegates of
the State [of New Hampshire] in Congress; desiring them to take advice
and endeavor to obtain the interposition of that body; intimating his
apprehension, that without it, the controversy must be decided by the
sword, as every condescending measure had been used from the begin-
ning and rejected.
The Governor and Council of Vermont sent a messenger [Ethan
Allen] to Congress to see in what light the new State was viewed by
them. On his return he reported, that the Congress was unanimously
opposed to the union of the sixteen towns with Vermont ; otherwise
they (excepting the delegates of New-York) had no objection to the
independence of the new State.
At the next session of the Vermont Assembly at Windsor, [October,]
when the Representatives of the sixteen towns had taken their seats, a
debate arose on a question, whether they should be erected into a new
county, which passed in the negative. Conceiving that they were not
admitted to equal privileges with their brethren, the members from those
towns withdrew, and were followed by several others belonging to the
towns adjoining the river on the west side. They formed themselves
into a convention, and invited all the towns on both sides of the river to
unite, and set up another State by the name of New-Connecticut. This
secession had nearly proved fatal to the State of Vermont. A ridge of
mountains which extends from south to north through that territory,
seemed to form not only a natural, but a political line of division. A
more cordial union subsisted between the people on the eastern side of
the Green Mountains, and the eastern side of Connecticut river, than
between the latter and those on the western side of the mountains; but
these alone were insufficient without the other, to make a State. The
Governor, and other leading men of Vermont, who resided on the
west side of the Mountains, wrote letters to the Assembly of New-Hamp-
shire, informing them of the separation, and expressing their disappro-
bation of a connexion with the sixteen towns. The assembly regarded
these letters as ambiguous, and as not expressing a disinclination to any
future connexion with them. Jealousy is said to be a republican virtue;
it operated on this occasion, and the event proved that it was not with-
out foundation.
¹ Dr. WILLIAMS, in his history of Vermont, said: "Having thus
effected their purpose, the sixteen towns announced to the government
of New Hampshire, that they had withdrawn from their jurisdiction,
and wished to have a divisional line established, and a friendly corres-
pondence kept up."
412
Appendix G.
A convention of delegates from several towns on both sides of the river
assembled at Cornish [Dec. 9,] and agreed to unite, without any regard
to the limits established by the King in 1764 and to make the following
proposals to New-Hampshire, viz., either to agree with them on a divid-
ing line, or to submit the dispute to Congress, or to arbitrators mutu-
ally chosen. If neither of these proposals were accepted, then, in case
they could agree with New-Hampshire on a form of government, they
would consent that 'the whole of the grants on both sides of the river
'should connect themselves with New Hampshire, and become one entire
'State, as before the royal determination in 1764. Till one or the other
of these proposals should be complied with they determine to trust in
Providence and defend themselves.'
An attempt was made in the following year [1779] to form a constitu-
tion for New-Hampshire, in which the limits of the State were said to be
the same as under the royal government 'reserving nevertheless our
'claims to the New-Hampshire Grants west of Connecticut river."
Though this form of government was rejected by a majority of the peo-
ple; yet there was a disposition in a great part of the Assembly to retain
their claim to the whole of the grants westward of the river. At the
same time the State of New York set up a claim to the same lands, and
it was suspected, perhaps not without reason, that intrigues were form-
ing to divide Vermont between New-Hampshire and New-York, by the
ridge of mountains which runs through the territory. Certain it is that the
Vermonters were alarmed; and that they might have the same advantage
of their adversaries, they extended their claim westward into New-York,
and eastward into New-Hampshire; and thus not only the sixteen
towns, but several other towns in the counties of Cheshire and Grafton, be-
came incorporated with Vermont by 'articles of union and confederation."
It is not easy to develope the intrigues of the several parties, or to
clear their transactions from the obscurity which surrounds them.* He
who looks for consistency in the proceedings of the Conventions and As-
semblies which were involved in this controversy, will be disappointed.
Several interfering interests conspired to perplex the subject. The peo-
ple on the western side of the Green Mountains wished to have the seat
of government among them. Those adjoining Connecticut river, on
both sides, were desirous of bringing the centre of jurisdiction to the
verge of the river. The leading men in the eastern part of New Hamp-
shire were averse to the removal of the government from its old seat.
Vermont had assumed independence; but its limits were not defined.
New York had a claim on that territory as far as Connecticut river, from
which there was no disposition to recede. That State had been always
opposed to the independence of Vermont. New Hampshire at first
seemed to acquiesce in it; and some letters which the President [Weare]
wrote to the Governor of Vermont, when threatened with invasion in
1777, were understood as an acknowledgment of it. Had there been no
attempt to unite with the towns on the eastern side of the river, New
Hampshire would perhaps never have opposed the independence of Ver-
But the Assembly was afterward induced to claim all that terri-
tory, which before the year 1764, had been supposed to be within the
mont.
*The author [Belknap] has spared no pains to get as perfect a knowledge of these things as the
nature of them will admit. If he has not succeeded in obtaining materials, for a just and full ac-
count, it is his request that those who are better acquainted with the subject would oblige the pub-
lic with more accurate information.
If Mr. Belknap could not give an accurate and complete account in
1791 from the archives of New Hampshire, it is hardly reasonable to ex-
pect that much can be added after the lapse of more than eighty years.
Appendix G.
413
limits of the State. This interfered with the claim of New York; and
at the same time Massachusetts put in a claim to a part of Vermont.
The controversy had become so intricate, that it was thought necessary
to be decided by Congress; and application being made to that body,
they recommended [Sept. 24] to the three States of New York, Massa-
chusetts and New Hampshire, to pass acts which should authorize Con-
gress to determine their boundaries; and at the same time they advised
the people of Vermont to relinquish jurisdiction over all persons on the
west or east sides of Connecticut river, who had not denied the author-
ity of New York and New Hampshire, and to abstain from granting
lands, or confiscating estates, within their assumed limits, till the matter
should be decided. The States of New York and New Hampshire
passed these acts; but Massachusetts did not. The Vermont Assembly
proceeded in granting lands and confiscating estates; and Congress
could only resolve that their proceedings were unwarrantable.¹
[From Slade's State Papers, pp. 90-102.]
From President WEARE to the New Hampshire Delegates at Congress.
EXETER, AUGUST 19, 1778.
GENTLEMEN,
By order of the council and assembly of this state, I am to inform you,
that the pretended state of Vermont, not content with the limits of the
New-Hampshire grants (so called) on the western side of Connecticut
river, have extended their pretended jurisdiction over the river, and
taken into union (as they phrase it) sixteen towns on the east side of
Connecticut river, part of this state, and who can have no more pretence
for their defection than any other towns in this state; the circumstances
of which you are well acquainted with; and great pains are taking to
persuade other towns to follow their example.
By the best information I have from that country, nearly one half of
the people, in the revolted towns, are averse to the proceedings of the
majority, who threaten to confiscate their estates, if they do not join
with them; and I am very much afraid that the affair will end in the
shedding of blood. Justices of the peace have been appointed and sworn
into office in those towns, under the pretended authority of said Ver-
mont; and persons sent to represent them there. I must not omit to let
you know, that Col. Timothy Bedel, who has received great sums of
money from Congress, and their generals, under pretence of keeping
some companies, last winter, and now a regiment, for the defence of that
northern frontier, or to be in readiness for marching into Canada, (though
very little service has been done, as I am informed) by influence of the
money and his command, has occasioned a great share in the disorders
in those towns. 'Tis wished by the more sober, solid people in that
quarter, he could be removed for some other command, if he must be
kept in pay and employed.
I am directed to desire you, on the receipt of this, to advise with some
of the members of Congress on this affair, and proceed, as you may judge
expedient; and, after advising as aforesaid, to endeavor to obtain aid of
congress, if you think they can, with propriety, take up the matter.
Indeed, unless congress interfere, (whose admonitions, I believe, will be
obeyed) I know not what consequences will follow. It is very probable
the sword will decide it, as the minority, in those towns, are claiming
1
A continuation of Belknap's account of the second union of New
Hampshire towns with Vermont, is reserved for future publication with
other documents on that subject.
414
Appendix G.
protection from this state, and they think themselves bound, by every
tie, to afford it; and you know that every condescending measure has
been used from the beginning of the schism, and rejected.
From President WEARE to Governor CHITTENDEN.
SIR,
EXETER, AUGUST 22, 1778.
Although I have had information that the people, settled on the New
Hampshire grants, (so called) west of Connecticut river, had formed a
plan for their future government, and elected you their first magistrate;
yet, as they have not yet been admitted into the confederacy of the Uni-
ted States, as a separate, distinct body, I have omitted to address you, in
your magistratical style, and not out of disrespect to you, or the people
over whom you preside; which, in these circumstances, I doubt not, your
candour will excuse, and that you will attend to the important subject
of this address.
A paper has been laid before the general assembly, attested by Thom-
as Chandler, jun. as secretary of the state of Vermont, dated June 11,
1778, purporting a resolution of the general assembly of the state of
Vermont, to receive into union with said state, sixteen towns on the east
side of Connecticut river; and leave, or rather an invitation, to any
towns, contiguous to those sixteen, to enter into the same union.
On which I am directed to represent to you, and to desire it may be
laid before the representatives of your people, the intimation in said re-
solve, that the said sixteen towns are not connected with any state, with
respect to their internal police,' is an idle phantom, a mere chimera,
without the least shadow of reason for its support.
The town of Boston, in Massachusetts, or Hartford, in Connecticut,
(if disposed) might, as rationally, evince their being unconnected with
their respective states, as those sixteen towns their not being connected
with New-Hampshire.
Were not those towns settled and cultivated, under the grant of the
governor of New-Hampshire? Are they not within the lines thereof, as
settled by the King of Great-Britain, prior to the present era? Is there
any ascertaining the boundaries between any of the United States of
America, but by the lines formerly established by the authority of Great
Britain? I am sure there is not. Did not the most of those towns send
delegates to the convention of this state, in the year 1775? Have they
not, from the commencement of the present war, applied to the state of
New-Hampshire, for assistance and protection? It is well known, they
did - and that New-Hampshire, at their own expence, hath supplied them
with arms, ammunition, &c. to a very great amount, as well as paid
soldiers for their particular defence; and all at their request, as members
of this state-Whence then, could this new doctrine, that they were not
connected with us, originate? I earnestly desire that this matter may
be seriously attended to; and I am persuaded the tendency thereof, will
be to anarchy and confusion.
When I consider the circumstances of the people, west of Connecticut
river, the difficulties they encountered in their first settlement, their late
endeavours to organize government among themselves, and the uncer-
tainty of their being admitted, as a separate state, into the confederacy
of the United States, I am astonished that they should supply their ene-
mies with arguments against them, by their connecting themselves with
people, whose circumstances are wholly different from their own, and
who are actually members of the state of New-Hampshire.-A consid-
erable number of the inhabitants of those sixteen towns (I am well
informed) are entirely averse to a disunion with the state of New-Hamp-
Appendix G.
415
shire, and are about to apply to this state for protection; indeed, some
have already applied. And are not the people of this state under every
obligation, civil and sacred, to grant their brethren the needed defence?
I beseech you, Sir, for the sake of the people you preside over, and the
said people, for the sake of their future peace and tranquility, to relin-
quish every connection, as a political body, with the towns on the east
side of Connecticut river, who are members of the state of New Hamp-
shire, entitled to the same privileges as the other people of said state,
from which there has never been any attempt to restrict them.
I am, Sir, with due respect,
Your obedient humble servant,
MESHECH WEARE,
President of the Council of state of N. H.
Hon. THOMAS CHITTENDEN, Esq.
On the receipt of this letter, Governor Chittenden convened the Coun-
cil; and Gen. Ethan Allen was requested to repair to Philadelphia, to
ascertain, in what light the proceedings of Vermont were viewed by
Congress.
On his return, Gen. Allen made the following report:
To his Excellency the Governor, the Honourable the Council, and
to the Representatives of the freemen of the State of Vermont, in
General Assembly, met.*
GENTLEMEN,
The subscriber hereto, begs leave to make the following report, viz.
By the desire of his Excellency, and at the request of several of the
Members of the honourable the Council, to me made in September last,
I have taken a journey to Philadelphia, in order to gain knowledge how
the political situation of the state of Vermont stood, in the view of Con-
gress; which I here exhibit.
On the 16th day of September last, I am informed by members of con-
gress, that the delegates from the state of New-Hampshire exhibited to
congress a remonstrance (which they had, previously, received from the
council and assembly of said state) against the proceedings of the state of
Vermont, with respect to their taking into union a number of towns, on
the east side of Connecticut river, and in their inviting other towns to
revolt from New-Hampshire; a copy of which I, herewith, exhibit: a
matter which, they alledge, was incompatible with the right of New-
Hampshire, and an infringement on the confederacy of the United States
of America; and, therefore, desired the congress to take the matter under
consideration, and grant some order thereon, to prevent the effusion of
blood, and the confusion and disorders which would, otherwise, inevita-
bly ensue.
The delegates from New-York, at the same time, exhibited to congress
sundry papers, containing allegations against the state of Vermont,
which, after some alterations, were admitted; and it was agreed that the
same, together with the remonstrance from the state of New-Hampshire,
should be taken under consideration, on the afternoon of the 18th, by a
committee of the whole house: at which time it was moved to be brought
forward, but urgent business occasioned its being deferred to the 19th;
at which time I arrived at Philadelphia, and being, immediately, in-
formed of the business by some of the members of congress, I used my
influence against its being hastily determined ex parte; and particularly
objected to the complaints from the states of New-Hampshire and New-
* At this session of the Legislature, representatives from ten of the sixteen towns on the east
side of Connecticut river, took their seats in the General Assembly.— Williams,
416
Appendix G.
York, their being both considered at the same time, alledging that they
were of a very different nature. And, in consequence of this, together
with my earnest request and application, I obtained assurance that the
matter should not be brought to a decision, before I could have an oppor-
tunity to lay the matter before this people; as I had, previously, let the
members of congress know, that the assembly of this state was to sit at
this time; and I engaged to transmit the proceedings of this assembly
to congress, as soon as they transpired, at their request.
The allegations, thrown by New-York, received a most severe shock
on the perusal of my late pamphlet in answer to his Excellency Gover-
nor Clinton's proclamation, dated in February last, containing certain
overtures to the inhabitants of this state; as well as from my large
treatise on the nature and merit of the New-York claim, and their treat-
ment to the inhabitants of this now state of Vermont. In fine, the New-
York complaints will never prove of sufficient force in congress, to pre-
vent the establishment of this state. But, from what I have heard and
seen of the disapprobation, at congress, of the union with sundry towns,
east of Connecticut river, I am sufficiently authorised to offer it as my
opinion that, except this state recede from such union, immediately, the
whole power of the confederacy of the United States of America will
join to annihilate the state of Vermont, and to vindicate the right of
New-Hampshire, and to maintain, inviolate, the articles of confedera-
tion, which guarantee to each State their privileges and immunities.
Thus, gentlemen, I have given you a short representation of the polit-
ical situation of this state, as it now stands in the general congress of
the United-States of America, upon which I stake my honour.
Given under my hand, at Windsor, this 10th day of Öct. A. D. 1778.
ETHAN ALLEN.”
Immediately after the foregoing report was made, the Legislature of
Vermont took up the subject of the union; and the following proceed-
ings were had thereon.
STATE OF } In General Assembly, at Windsor, Tuesday. Oct. 13, 1778.
VERMONT,
Resolved, That this assembly now join his Excellency the Governor,
and the honourable council, in the committee of the whole; to take into
consideration the matters contained in the letter of the 22d of August
last, from the honourable Meshech Weare, Esq. President of the Coun-
cil of New-Hampshire to his Excellency Governor Chittenden; and
every matter which may relate to the subject therein contained; and
that they report, thereon, to this assembly.
STATE OF
VERMONT,
Windsor, October 13th, A. D. 1778.
In a committee of the Governor, Lieutenant-Governor, Council and
Representatives of the general assembly of said state; to take into con-
sideration the matters contained in a letter of the 22d of August last,
from the honourable Meshech Weare, Esq. President of the Council of
New-Hampshire, to his Excellency Governor Chittenden; and every
matter, which may relate to the subject therein contained.
His Excellency THOMAS CHITTENDEN, Esq. in the Chair.
BEZALEEL WOODWARD, Esq. Clerk.
Sundry papers were laid before the committee, viz.
A letter from President Weare to Governor Chittenden, dated August
22d last.
Answer from Governor Chittenden to President Weare, dated Sept. 3d.
Appendix G.
417
Copy of a letter from President Weare, in behalf of the council and
assembly of New Hampshire, to their members at the Continental Con-
gress, dated August 19th, 1778.
Report of Col. Ethan Allen, from members of congress of the 10th inst.
Protest from Hinsdale, Brattleborough, &c. dated April 15th.
And a copy of a letter from Governor Clinton to Pelatiah Fitch,
Esq. dated July 7th, 1778.
A verbal representation was also made by Col. Ethan Allen of the
situation of affairs relative to this state, at the honorable Continental
Congress after which, the matters, relative to the union of sundry towns,
east of Connecticut river, with this state, were largely discussed.
Committee then adjourned till to-morrow morning, eight o'clock: and
continued, by various adjournments, to the 16th.
October 16th.-Committee met, according to adjournment-when the
following question was put, viz.
Whether this committee will erter on such measures as may, in their
opinion, have a tendency to support the union with the towns, east of
Connecticut river? which was voted in the affirmative.
Committee adjourned till to-morrow morning, eight o'clock.
October 17th-Committee met, according to adjournment: at which
time his Excellency Governor Chittenden, his honor Lieutenant-Gover-
nor Marsh, Col. Elisha Payne, the honorable Jonas Fay and Bezaleel
Woodward, Esq. were appointed a committee to draw the out-lines of a
plan to be pursued, for the further establishment of the state, and to lay
a foundation for an answer to President Weare's letter to Governor
Chittenden.
Committee adjourned till Monday next, two o'clock, P. M.
Monday, October 19th.-Committee met, according to adjournment.
The committee, appointed on the 17th instant, made their report, as
on file; which was repeatedly read, and approved. And thereupon
VOTED, That this committee, having taken into their consideration
the matters contained in the letter from the honorable Meshech Weare,
Esq. President of the Council of New-Hampshire, to his Excellency
Governor Chittenden, &c. agree to report to the general assembly the
measures proposed by their sub-committee, as having, in their opinion,
the most effectual tendency for the further establishment of this state.-
Which were reported accordingly: and are as follows, viz.
STATE OF VERMONT, Windsor, October 19th, A. D. 1778.
To the committee, consisting of the Governor, Deputy Governor,
Council and House of Representatives.
¹In the Rural Magazine, by Dr. WILLIAMS, p. 518, is the following ac-
count of the verbal statements of ETHAN ALLEN :
The colonel, in addition to his written report, publicly declared before
a committee of both houses, when the matters were under consideration,
that the President of Congress, in private conversation with him when
at Philadelphia, told him, that in case the union with those towns on
the east side of the river was dissolved, he had no objection to the
grants on the west side being a State. And the following question be-
ing put to him, [Allen,] in the same public manner, by one of the mem-
bers of the assembly, viz. "Did not the New-Hampshire delegates at
Congress, when you was at Philadelphia, agree with you, that in case
you would get the union with the towns on the east side of the river
dissolved, they would assist you in disputing New-York ?" To which
he answered, "Yes, they did, upon honour.”
418
Appendix G.
Your committee, appointed to draw the out-lines of a plan to be pur-
sued for the establishment of the state, beg leave to propose as follows,
viz.
First. That a declaration be drawn up, setting forth the political state
of the grants, on both sides of Connecticut river, from the time of their
being granted-viz. that the grants were taken as being under jurisdic-
tion of the government of New-Hampshire; where the grantees ex-
pected to have remained:-that the King of Great-Britain, under the
influence of false and ex-parte representation, passed a decree in Coun-
cil, A. D. 1764, that part of the grants should be under the control of the
government of New-York :-that said decree was, in its nature, void,
from the beginning, on account of the undue influence, under which it
was obtained and that the whole of said grants were, consequently, of
right, under the same jurisdiction, as before said decree took place-but
the Governor of New-Hampshire, not exercising jurisdiction over those,
west of the river, they remained, part under the jurisdiction of the gov-
ernment of New York, but the greater part in opposition thereto, till
near the time of the declaration of independence of the United States,
by which the whole of the grants became unconnected with any state;
and had an opportunity to assert, and enter on, measures to support their
just rights, and were at liberty to unite together, or with any other state,
which might agree to receive them. In this situation, the inhabitants
on the grants, west of the river, (already determined, by the cruel treat-
ment they received from New-York, not to be under the control of that
state,) entered on measures for establishing government among them-
selves; and a considerable number of towns on the grants, east of the
river, after various ineffectual endeavors to unite with New-Hampshire,
on such principles as they esteemed just and equitable, united with the
grants, west of the river, on the plan of government, which they had
adopted; and with them have solemnly covenanted to support each other
in said government. And as, by their situation and agreement, in man-
ners, habits, &c. they conceive they are called upon, and warranted, to
set up and maintain civil government in a distinct state; and as those
grants ought not to be divided between New-York and New-Hampshire,
or any other way, merely to serve interested views; they are unani-
mously determined, in every prudent and lawful way, to maintain and
support, entire, the state as it now stands.
Second. That proposals be made to New-Hampshire, that those towns
only, which lie west of the Mason claim, and which shall accede to a
union with this state, agrecable to a resolve of assembly at their session,
at Bennington, the eleventh day of June last, be admitted to a union
with this state. And, in case New-Hampshire shall not agree thereto,
or to some line that shall be agreed on, as an equivilent, that they agree
to a submission of all matters of complaint and dispute in the premises,
to congress, for a decision; the grants being allowed equal privileges as
the state of New-Hampshire, in supporting their cause-or that they
submit the matter to any court, that may be agreed on, and constituted
by the parties, for a decision; saving to themselves, in the trial, all right,
privilege and advantage, which they had, or might have, by any former
grant, jurisdiction, power and privilege, on account of any former situa-
tion or connection with any province or state, heretofore had; and not-
withstanding any subsequent transactions.
Third. That a committee be appointed to draw these proposals at
large, and report them to this assembly; that they may be transmitted
to the council and assembly of New-Hampshire, desiring their answer;
and that copies thereof be transmitted to congress, and to other states
Appendix G.
419
for their information, and for the vindication of our conduct; also to all
the towns on the said grants.
Fourth. That the general assembly proceed to erect courts, and enact
laws and regulations for the support of government; as far as the cir-
cumstances of the state will admit.
By order,
THOMAS CHITTENDEN, Chairman.
The joint committee, then, dissolved.
Attest,
BEZALEEL WOODWARD, Clerk.
In General Assembly, Monday, October 19th.
The joint committee of Governor, Lieutenant-Governor, Council and
Assembly, made their report, as before mentioned, and the consideration
thereof, was deferred till to-morrow.
Tuesday, October 20th.
The report of the joint committee of Governor, Lieutenant-Governor,
Council and Representatives, made yesterday to this assembly, was read,
and approved; and thereupon,
Resolved, That the first and second articles, in the report of measures
proposed by the joint committee, be transmitted to the President of the
honorable Continental Congress, and to the President of the Council of
New-Hampshire, with proper letters accompanying them.
Resolved, That Col. Payne, Mr. Jones and Mr. Woodward, be a com-
mittee, to join a committee from the council, to make a draft of the
above mentioned letters, to be laid before this assembly.
Resolved, That a committee be chosen, by ballot, to draw up the pro-
posed declaration at large, to be laid before this assembly.
Chose Col. Allen, Col. Payne, Dr. Fay, Mr. Woodward and General
Bayley, a committee for the above mentioned purpose.
Resolved, That the two first articles, in the report of measures propo-
sed to be pursued, for the establishment of the state, be printed in hand
bills, and transmitted to all the towns on the New-Hampshire grants.
Resolved, That Mr. Nathaniel Robinson, Col. Payne, Mr. Woodward,
Capt. John Fassett, jun. Mr. Post, Capt. Throop. Čapt. Ebenezer Cur-
tiss, Maj. Bayley and Mr. Wells, be a committee, to join a committee
from the council to draw a bill to be laid before this assembly, for divid-
ing the state into four counties.
Wednesday, October 21st.
The following questions were proposed, and answered, as herein stated.
Question 1st. Whether the counties, in this state, shall remain as they
were established by this assembly, at their sessions in March last ?
Yeas 35, viz.
Capt Noble,
Capt. John Fassett,
Mr. Millington,
Capt. John Fassett, jun.
Mr. Thomas,
Mr. Bradley,
Capt. Gideon Ormsbee,
Mr. Powell,
Capt. Underhill.
Mr. Moses Robinson,
Mr. Adams,
Mr. Rowley,
Mr. Ward,
Mr. Lewis,
Mr. Post,
Mr. Belknap,
Nays 26, viz.
Col. Walbridge,
Mr. Jackson,
Mr. Alvord,
Mr. Aiken,
Mr. Tilden,
Mr. Bartholomew,
Mr. Smith,
Mr. Benjamin Baldwin,
Mr. Nutting,
Mr. Foster,
Mr. Estabrook,
Capt. Wheatley,
Capt. Turner,
Mr. Freeman,
Capt. Woodward,
Mr. Thomas Baldwin,
420
Appendix G.
Capt. Jonathan Fassett,
Capt. Powers,
Mr. Foot,
Capt. Starr,
Mr. Wells,
Mr. Hamilton,
Capt. Knight,
Col. Fletcher,
Col. Payne,
Mr. Nathaniel Robinson,
Mr. Webb,
Mr. Scott,
Capt. E. Curtiss,
Mr. Chandler,
Maj. Bayley,
Capt Young,
Mr. Curtiss,
Capt. Hatch,
Mr. Parkhurst,
Mr. Harvey,
Maj. Chandler,
Mr. Woodward.
Mr. Gallup,
Capt. Williams,
Capt. Throop,
Capt. Hodges,
Mr. Harris,
Mr. Miles,
Mr. Cooper.
The following reasons were assigned by those on the negative of the
foregoing question, and inserted by their desire, viz.
We, whose names are hereunto annexed, being entered as nays, on
the foregoing question, hereby assign our reasons for thus voting:
First. Because the whole State of Vermont was, (by the establishment
referred to in the question) in March last, divided into two counties only;
which was previous to the union of the towns, east of Connecticut river,
with this state; and, consequently, they never have been annexed to any
county in the state; and, therefore, will thereby, be put out of any pro-
tection or privileges of said state; which we conceive to be inconsistent
with the 6th section of the bill of rights, established as part of the Con-
stitution.
Second. Because the affirmative of the question is in direct opposition
to the report of the committee of both houses (of the 19th inst.) on the
subject; which was confirmed by a resolve of Assembly yesterday; as
may appear by the report of said committee, and resolves of the house
thereon; reference thereto, being had.
Elisha Payne,
Stephen Tilden,
Bela Turner,
Thomas Baldwin,
Benjamin Baldwin,
Abraham Jackson,
Tim. Bartholomew,
Abner Chandler,
Bezaleel Woodward,
John Wheatley,
Jonathan Freeman,
John Young,
Abel Curtiss,
Ebenezer Walbridge,
John Nutting,
Frederic Smith,
James Bayley,
Alexander Harvey,
David Woodward,
Edward Aiken,
Nehemiah Estabrook,
Joseph Hatch,
Joseph Parkhurst,
Reuben Foster.
Question 2d. Whether the towns, east of Connecticut river, included
in the union with this state, shall be included in the county of Cumber-
land?
Question 3d. Whether the towns on the east side of Connecticut river,
who are included, by union, within this state, shall be erected into a dis-
tinct county by themselves?
Yeas 28, viz.
Col. Walbridge,
Mr. Jackson,
Mr. Alvord,
Mr. Aiken,
Nays 33, viz.
Capt. Noble,
Capt. John Fassett,
Mr. Millington,
Capt. John Fassett, jun.
Appendix G.
421
Mr. Tilden,
Mr. Parkhurst,
Mr. Bartholomew,
Mr. Smith,
Mr. Benjamin Baldwin,
Mr. Nutting,
Mr. Foster,
Mr. Estabrook,
Capt. Wheatley,
Capt. Turner,
Mr. Lewis,
Mr. Freeman,
Capt. Woodward,
Mr. Thomas Baldwin,
Capt. Young,
Mr. Abel Curtiss,
Capt. Hatch,
Col. Payne,
Mr. Harvey,
Mr. Chandler,
Mr. Woodward,
Maj. Bayley,
Col. Morey,
Capt. Ormsbee,
Mr. Thomas,
Mr. Bradley,
Capt. G. Ormsbee,
Mr. Powell,
Capt. Underhill,
Mr. Rowley,
Mr. Moses Robinson,
Mr. Adams,
Mr. Belknap,
Mr. Ward.
Mr. Post,
Capt. Jonathan Fassett,
Capt. Powers,
Mr. Foot,
Capt. Starr,
Mr. Wells,
Mr. Hamilton,
Capt. Knight,
Col. Fletcher,
Mr. N. Robinson,
Mr. Webb.
Mr. Scott,
Capt. E. Curtiss,
Capt. Williams,
Capt. Throop,
Capt. Hodges,
Mr. Harris,
Mr. Miles,
Mr. Cooper.
We, whose names are under written, were on the affirmative of the
two last foregoing questions, because, the negative being passed, the
towns on the east side of Connecticut river, who are included, by union,
with this state, are thereby effectually debared from all benefit, protec-
tion and security of the commonwealth of Vermont, in violation of the
sixth article in the bill of rights, which is established as part of the con-
stitution of said state; and in violation of the public faith of said state,
pledged by their general assembly, at Bennington, June 11th, 1778; and
also a resolve of this assembly passed yesterday, whereby the towns, east
of the river, which were received into union with said state, were enti-
tled to all the privileges and immunities, vested in any town in said
state; as by said resolutions may appear, reference thereto being had.
Bezaleel Woodward,
John Wheatley,
Jonathan Freeman,
John Young,
Abel Curtiss,
Ebenezer Walbridge,
Joseph Parkhurst,
Ichabod Ormsbee,
James Bayley,
Alexander Harvey,
David Woodward,
Edward Aiken,
Nehemiah Estabrook,
Joseph Hatch,
Israel Morey,
Elijah Alvord.
BRER
Elisha Payne,
Stephen Tilden,
Bela Turner,
Thomas Baldwin,
Benjamin Baldwin,
Abraham Jackson,
John Nutting,
Abner Chandler,
Abner Lewis,
Resolved, That the following matters be printed, for the perusal of the
several towns represented in this assembly, viz.
A list of the names of representatives, who have attended this assem-
bly, with their towns annexed.
The resolution of the house by which the joint committee was formed.
422
Appendix G.
The report of the joint committee on the 19th inst.
The proceedings of assembly thereon, yesterday.
The resolution passed yesterday, respecting division of counties.
And the whole of the proceedings of Assembly, passed this day, to-
gether with the reasons annexed by dissentients.
Extracted from the Journals and compared.
By
BEZALEEL WOODWARD, Clerk.
Protest of thirty-seven Members of the General Assembly, representing New
Hampshire towns, and towns in eastern Vermont.
STATE OF
VERMONT, SS.
Windsor, October 22d, A. D. 1778.
We, whose names are under written, members of the Council and
general assembly of said state, beg leave to lay before the assembly the
following, as our protest and declaration against their proceedings on
Wednesday the twenty-first inst. in passing the three following votes or
resolutions, viz.
First.
เ
That the counties, in this state, shall remain as they were
established by the Assembly of this state in March last."
66
Second. That the towns on the east side of the river, included in
the union with this state, shall not be included in the county of Cum-
berland."
Third. "That the towns, on the east side of the river, shall not be
erected into a distinct county by themselves."
Which
As by said votes on the journals of the house may appear.
votes are illegal, and in direct violation of the Constitution of this state,
and the solemn engagements and public faith pledged by the resolutions
of said assembly; as by the following observations will plainly appear,
viz.
1. That as the towns, on the east side of said river, were never an-
nexed to any county in said state, they are, consequently, by said votes,
entirely excluded the liberties, privileges, protection, laws and jurisdic-
tion of said state; all which were granted them by the state, by an act
or resolve of assembly, passed at Bennington, in June last, containing the
union and confederation of the state and said towns; by which act or re-
solve of assembly, every town included in the union, received by grant
from the then state of Vermont, all the rights, powers and privileges of
any other town in said state; which they cannot be deprived of, without
their consent; as it is a maxim that the grantor or grantors cannot re-
assume their grant, without the surrendry of the grantee or grantees.
2. That said votes are in direct opposition to a solemn resolution of
this assembly, passed the 20th inst. establishing the report of the com-
mittee of both houses; in which report the assembly have solemnly cov-
enanted to defend the whole of the state, entire, as it then was, includ-
ing said towns.
3. That, by the Constitution of the State, especially the sixth article
in the bill of rights, government is instituted, or declared to be, a right
of every part of the community, and not a part only-Said votes, there-
fore, are a violation of the Constitution.
4. That, so far as the assembly have power, they have, by said votes,
totally destroyed the confederation of the state, by depriving those towns,
included in the union, of the exercise of any jurisdiction, power or
privilege, granted them in the confederation, by which the towns in the
state are combined and held together as one body.
And as no political body can exercise a partial jurisdiction, by virtue
of a confederation or agreement of the people to exercise government
Appendix G.
423
over the whole; it is, therefore, either void, or destroys both the confed-
eration and Constitution.
We do, therefore, hereby publicly declare and make known, that we
cannot, consistent with our oaths and engagements to the state, (so long
as said votes stand and continue in force,) exercise any office or place,
either legislative, executive, or judicial, in this state; but look upon our-
selves as being thereby discharged from any, and every, former confed-
eration and association with the state.
J. Marsh, D. Governor, Peter Olcott, Assistant,'
Elisha Payne,
Stephen Tilden,
Bela Turner,
Abner Chandler,
Benjamin Spaulding,
John Nutting,
Benjamin Baldwin,
Thomas Baldwin,
Bezaleel Woodward,
John Wheatley,
Jonathan Freeman,
Ichabod Ormsbee,
Reuben Foster,
Joseph Parkhurst,
Abel Curtiss,
John Young,
Thos. Moredock, Assist.¹
James Bayley,
Alexander Harvey,
David Woodward,
Elijah Alvord,
Frederick Smith,
Israel Morey,
Nehemiah Estabrook,
Joseph Hatch.
The protesting members immediately withdrew from the Legislature,
leaving, in the Assembly, a number barely sufficient to constitute a quo-
This number proceeded to finish the business of the session, and
adjourned, on the 24th of October, after having provided, by the follow-
ing resolution, for ascertaining the sense of the people on the subject of
runi.
the union.
“In General Assembly, Windsor, October 23d, 1778.
Resolved, That the members of this Assembly lay before their constit-
uents, the situation of the union subsisting between this state and six-
teen towns, east of Connecticut river; and be instructed how to proceed
relative to said union, at the next session of this assembly.
Whereas there are several inhabited towns in this state, that have not
been represented in this assembly, according to constitution; and others,
whose representatives have withdrawn themselves, and refuse to take a
seat in this house:
Therefore, Resolved, That the constable or constables of each respect-
ive town in this state, that is not fully represented, according to consti-
tution, and of each respective town whose representatives still refuse to
take their seats, be, and are hereby directed to warn all the freemen of
their respective towns to meet together at some convenient time and
place, by them appointed, within such towns, before the next adjourned
session of assembly, and make choice of a representative or representa-
tives to attend the assembly, at their adjourned session, to be ĥolden at
Bennington, on the second Thursday of February next.”
Proceedings of the General Assembly of the State of Vermont, at their ses-
sions in October, A. D. 1778. Containing an explanatory comment on
sundry of their Resolutions, &c. By a Committee of the protesting
Members. Addressed to the Freemen and other Inhabitants of said
State.
[Furnished by Hon. JAMES H. PHELPS of West Townshend.]
As a foundation for the propriety of the following remarks, we shall
recite the resolution of the General Assembly, passed at Bennington
June 11th, 1778, which is as follows, viz.
¹ Members of Council.
424
Appendix G.
"STATE OF VERMONT,
Bennington, ss.
In General Assembly, June 11th, 1778.
On the representation of a Committee from the New-Hampshire
Grants (so called) east of Connecticut River, that the said Grants are
not connected with any State with respect to their internal police, and
that sixteen Towns in the northwestern' part of said Grants have as-
sented to a union with this State, agreeable to Articles mutually proposed
by this Assembly and a Committee from the Grants east of said River,
as by said Articles on file more fully may appear. Therefore, Voted and
Resolved, that the sixteen Towns above referred to-viz. Cornish, Leba-
non, Enfield, Dresden, Canaan, Kardigan, Lime, Orford, Piermont, Ha-
verhill, Bath, Lyman, Gunthwaite, Apthorp, Landaff and Morristown,
be; and hereby are received into union with this State; and are entitled
to all the privileges and immunities vested in any Town within the
State"
"Also Voted and Resolved, that any Town on the Grants east of Con-
necticut River, contiguous to any of the Towns above mentioned, and
which has not yet assented to a union with this State, shall be received,
on their exhibiting to the Assembly a certificate of a Vote of a major part
of the Inhabitants of such Town in favor thereof; or on their appoint-
ment, by a major part of the Inhabitants of such Town, of a Member to
represent them in the Assembly of this State; and that they shall thereby
become entitled to all the rights appertaining to any Town within the
State, agreeable to the rules prescribed in the Constitution."
Also the fifth paragraph in the Bill of Rights in the Constitution of
this state, viz.
"That all power being originally inherent in, and consequently de-
rived from the people, therefore all Officers of Government, whether
legislative or executive, are their trustees and servants, and at all times
accountable to them."
Pursuant thereto, we appeal to the good People of this State to inter-
pose with respect to the resolutions and transactions of said Assembly,
exhibited in their Journals; and for a better determination would ob-
observe,
First. THAT the number of Members elected to sit in the Assembly
in October Instant, was seventy-four, of which number there must be
fifty to make a quorum; as may appear by the ninth Section in the frame
of Government in the Constitution; in which it is said-" A Quorum of
the house of Representatives shall consist of two thirds of the whole
number of Members elected."-Under which number there cannot be an
Assembly with power to transact any business whatever that shall be
legal or binding on the people.
Second. By the sixth Article in the Bill of Rights referred to in the
protest annexed to the Journals of said Assembly, it is declared “that
Government is and ought to be instituted for the benefit of the whole,
and not a part only.
""
Third. Ir is to be observed that the Assembly, in passing the three
Votes protested against, entirely withdrew all protection from, and
wholly deprived the people on the east side of the River, who were in-
cluded in the union, of the exercise and privileges of Government. As
the whole State west of the River, was previous to the union divided
into two Counties for the purpose of exercising Government, There-
fore all executive and judicial proceedings in the State are and must be
transacted by way of Counties and not as a State-Consequently those
Towns being excluded from the two Counties, and not erected into a
¹ Eastern.
Appendix G.
425
County by themselves, are totally deprived of the benefit of Government
in the State.
Fourth. It is to be observed that the remaining part of the Members
of the Assembly, which consisted of but thirty-nine at most, (after the
dissenting members had laid in their protest and withdrawn) resolved,
that they would proceed to business-and accordingly proceeded to en-
act Laws-establish a Supreme Court in the State, &c., and still con-
tinue to claim and exercise the powers of the Assembly of the State.
Fifth. IN the eighth Section of the form of Government in the Con-
stitution-after mentioning the powers and authorities of the Assembly,
it is said—“but they shall have no power to add to, alter, abolish or in-
fringe any part of the Constitution."
From the Resolutions of the Assembly protested against, and the fore-
going remarks, it is evident that they have violated their solemn engage-
ments to and with said united Towns-in that they, by their Charter
passed at Bennington, warranted to them all the privileges and immuni-
ties, that any Town in the State had; and by their unanimous resolve on
the 20th instant, renewed and confirmed said first Grant or Covenant;
all which they have violated by confining the exercise of Government
to but part of the State, in direct opposition to said sixth Article in the
Bill of Rights-For if they can extend Jurisdiction to but part only, by
a parity of reason they may restrict it to a set of men or family.
It is also plain that the act of the thirty-nine Members in assuming to
themselves the powers and authority of the Assembly of the State (even
when they were not two thirds of the Members elected on the west side
of the river) is a most daring attempt made on the rights and liberties
of the People, secured them by the Constitution-For if a less number
than what the Constitution requires to make a quorum can assume the
powers of the Assembly, no certain number is necessary-even the least
number can act-All Courts, whether legislative or executive, have a
quorum fixed by the Constitution by which they are formed-And in a
Court consisting of five Judges, when three make a quorum, two only
may presume to claim and exercise the powers of the Court, with as
much propriety as any numbers of members less than what the Consti-
tution requires, can do it in the Assembly.
The reason of the Constitution's making two thirds of the members
elected, necessary to make a quorum, is this-That when two thirds of
the members only are present, one person more than one third of the
whole, can pass any vote whatever that the whole Assembly could-
And the people never intended to rest the important interests and con-
cerns of the whole State, in less hands than one more than a third part
of the Representatives.
Thus Gentlemen you see that in less than a Year after the establish-
ment [of] the Constitution of this State, on which all our political rights
and liberties depend, flagrant and open attempts are made to violate and
destroy it, and set up arbitrary power in direct opposition thereto. -This
is justly alarming, and it becomes You (who only have the power in
your hands) to call this Assembly to account for their Conduct; to you
alone they are amenable; and to you we submit ours and their conduct
for your censure or approbation. And we doubt not your jealousy to
secure your just rights and privileges, will induce you to take the earli-
est opportunity to express your sentiments-whether you will justify
those who proceeded as an Assembly, after the Dissentients had with-
drawn, in open violation of the Constitution; or those who protested and
withdrew, and that you will pass your censures and reproofs on those
whom you conceive have violated your just rights as declared in the
Constitution.
29
426
Appendix G.
And as the unsettled circumstances and difficult situation of the polit-
ical state of the whole Grants, call aloud upon us to devise some meas-
ures speedily to be pursued, whereby we may all be united and settled
in some regular form of civil government-and the conduct of the As-
sembly as before mentioned, preventing the carrying into execution the
plan proposed in the report and resolves of the Assembly on the 20th inst.
We do therefore hereby request and desire each and every Town on the
Grants on both sides of Connecticut River, whether united with the
State of Vermont or not, to take the matters into their serious and wise
consideration; and for the amicable agreement and quiet settlement of
the whole of the Grants in a regular state of Government, that each
Town elect one or more members to meet in their behalf in Convention,
at the meeting-House in Cornish on said Grants, on the second Wednes-
day in December next at ten o'Clock in the morning-to consult and
agree upon measures whereby we may all be united together, by being
and remaining a distinct State, on such foundation that we may be ad-
mitted into Confederacy with the United States of America, and under
their protection, &c.,-or (if that cannot be effected by reasonable meas-
ures) to claim the antient Jurisdiction of the Government of New-
Hampshire; and in that way defend ourselves against the pretended
right of Jurisdiction of any other State-And thereby become one entire
State according to the extent of New-Hampshire Province, as it stood
before the decree in 1764 took place.
By order of said Committee,
Windsor, October 23d. A. D. 1778.
JOSEPH MARSH, Chairman.
Ethan Allen to the President of New Hampshire.
[From the Ethan Allen Mss. Papers, p. 275.]
STATE OF VERMONT.
WINDSOR, 23d Octobr 1778.
Sir,-In Conformity to my engagement to Colonel Bartlett, one of the
Members of Congress from New Hampshire, I am induced to write to
your Honor, Respecting a number of Towns to the Eastward of Con-
necticut River which Inadvertantly by influence of designing men, have
Lately been brought into Union with the State of Vermont, which in
my Opinion is now entirely disolved. I engaged Col. Bartlett to use my
Influence at this Assembly for that Purpose. The Governors [Chitten-
deu's] Letter to your Honor, Together with what Squire [Ira] Allen the
Bearer will Communicate, will set this Matter in its True Light.
The Union I ever view'd to be Incompatible with the Right of New
Hampshire, and have Punctually Discharged my Obligation to Col.
Bartlett for its Disolution, and that Worthy Gentleman on his part as-
sured me, that he had no Directions from the Government of New
Hampshire to extend their Claim to the westward of Connecticut River
to Interfere with the State of Vermont, and I hope that the Govern-
ment of New Hampshire will excuse the Imbecility of Vermont,
in the matter of the Union. I apprehend Col. Payne [Elisha, of
Cardigan and Lebanon, N. H.] had a Principal Influence in it, and it
was with Difficulty that this Assembly got rid of him. I am appointed
by this Assembly to act as agent for the State of Vermont at Congress,
where I shall shortly repare, and Depend that New Hampshire will Ac-
cede to the Independency of the State of Vermont as the last Obsticles
are Honourably removed.
I am with Due respect Sir your very Humble Servt,
Honble Meshech Weare, Esq.
ETHAN ALLEN.
Appendix G.
427
The President of New Hampshire to Ethan Allen.
[From the Ethan Allen Mss. Papers, p. 277.]
STATE OF NEW HAMPSHIRE. EXETER, Novem¹ 5th 1778.
Sir, I received yours of the 23d ulto. by Ira Allen Esq. and at the
same time a Letter from Thomas Chittenden Esq. purporting a Resolu-
tion of the State of Vermont concerning the late connection of some
Towns part of the State of New Hampshire in the following words :
“That no additional Exercise of Jurisdictional authority be had (by this
State, (Vermont,)) for the time being." Which by no means expresses
their future designs or intentions on the matter. Nevertheless as you
have been so full and explicit in your own Sentiments, I trust the Body
of your people will be of the same Opinion, as I am sure every Sensible
person will notwithstanding the blind designs of some uneasy and
never to be contented persons, whose views must certainly be more det-
rimental to you than they possibly can be to New Hampshire. What-
ever may be determined by Congress relative to the acknowledgment
of your Independency will be fully acquiesced in by New Hampshire.
Colo. Ethan Allen.
M. WEARE.
An Account of the Union of sixteen towns on the east side of Connect-
icut River, with the State of Vermont. By IRA ALLEN Esq.
[From the Rural Magazine. vol. 1, pp. 519-20.]
To the Honourable Council and General Assembly of the State of New-
Hampshire, now sitting at Exeter, in said State.
Gentlemen, Pursuant to my appointment (by the General Assembly
of the State of Vermont) to wait on the Hon. Meschech Weare, Esq.,
president of the council of the state of New-Hampshire, with a letter
from his Excellency Thomas Chittenden, Esq., and as in the said letter,
reference was had to me for further particulars, relative to the union of
sixteen towns on the east side of Connecticut River with the state of
Vermont, and as it has been the desire of the Hon. the General Assem-
bly, that I would give them a short state of facts relative to the said
union, &c., I therefore beg leave to state the following, as a short and
concise state of the matter, viz.
The first movement to form the state of Vermont was from the west
side of the Green-Mountain; in consequence of which, several commit-
tees were sent to the then counties of Cumberland and Gloucester, to
see if the people there would unite with the people on the west side of
the Mountain to make one body politic.
About two years ago, Col. John Wheelock being apprised of that
movement, went to the town of Norwich, where one of the said com-
mittees were, and proposed to them, for a number of towns on the east
side of the river, to unite with those towns on the west side of said
This letter of Governor Chittenden was not entered in the record of
the Governor and Council. President Weare seems to have quoted the
pith of it. It has already been stated (ante, p. 281, note,) that the union
had been indirectly dissolved on the 21st of October 1778. So Ethan
Allen construed the action of the Assembly at that time, while Gov.
Chittenden stated it as a suspension of the union "for the time being.”
In fact the formal dissolution did not occur until the 12th of February
1779.
428
Appendix G.
river; but was answered by said committee, that they were not ac-
quainted with the situation of New-Hampshire, therefore they should do
nothing about it.¹
Last March, after the governor and council were declared chosen, and
the assembly formed, agreeable to the constitution of said state, there came
a committee from the east side of the river, said to be chosen by a con-
vention of [town] committees, whereof Mr. Easterbrooks was chairman,
and moved, in behalf of the New-Hampshire grants east of said river,
(as they were pleased to style it) for a union with the state of Vermont;
in consequence of which, a committee was chosen from both houses to
confer with said committee, and make a report of their opinion thereon
to the house: The committee, after all the debates thereon, reported
to the house as their opinion, not to connect with said committee in any
way or manner whatsoever. The house, after mature deliberation, voted
to accept of said report; which gave such dissatisfaction to several of
the members of the council and assembly, that lived near Connecticut
River, that they declared, if them people (meaning those on the east
side of the river) were to be entirely excluded from connecting with
said state, they would withdraw from the then state of Vermont, and
connect with them people, and form a new state : Then, after
long and tedious debates, the whole was referred to the people
at large, and to be brought before the assembly again at their
next session in June. Col. Paine [Col. Elisha Payne, then of
Cardigan, N. H.,] and others of that committee, then publicly de-
clared, that they had conversed with a number of the leading members
of the assembly of New Hampshire, from the eastern part of the state,
who had no objection to their joining with the state of Vermont; but
some members in the western part of said state was opposed to it: But
gave it as their opinion, that New-Hampshire, as a state, would make
no difficulty about it. This last idea was carried to the people; and,
under this mistake of the matter, a majority of the towns in the state
voted for the union, which the general assembly could do no otherwise
than confirm, they being previously instructed to do so by their constit-
uents. The assembly then proceeded to business, amongst which, there
was an order given out for each town in the state that saw fit to choose
a justice of the peace; and several temporary acts were made, all to
stand until the rising of the next assembly.
¹Col. JOHN WHEELOCK, son of Eleazer Wheelock, the first president
of Dartmouth college, was born at Lebanon, Conn., Jan. 28, 1754; grad-
uated at Dartmouth in 1771; and at the age of twenty-five he succeeded
his father as president of that institution. He was a member of the pro-
vincial congress in 1774, and of the assembly in 1775. In the spring of
1777 he was commissioned as major of a New York regiment, and in
November of the same year as lieutenant-colonel of Bedel's New Hamp-
shire regiment. In 1778 he commanded an expedition against the In-
dians, and afterward served on the staff of major-general Gates until he
was called to the chair of Dartmouth college. He died April 4, 1817.
The fact that he was the first to propose an union of western New Hamp-
shire with Vermont, is an important addition to the proofs of the inter-
est of the corporation of Dartmouth college in that matter. They might
well regard the location of that institution in the centre of a large state
(when compared with either Vermont or New Hampshire,) as an event
which would contribute largely to its success.
Appendix G.
429
Some time in the month of August, Gov. Chittenden received a letter
from the Hon. Meshech Weare, Esq. president of the council of New
Hampshire, shewing the Disapprobation of said State to the union.
Sometime in September, Col. Ethan Allen was appointed to wait on
Congress, to see how the political state of the state of Vermont was
viewed by Congress; who, after the Assembly was formed in October
last, reported to the house, that the members of Congress were unani-
mously opposed to the union of the sixteen towns, otherwise they had
none of them any objection to the state of Vermont's being a state, (the
New-York members only excepted.) At the session in October last,
several members from the east side of the river, took their seats in con-
sequence of the union before mentioned: Then the assembly pro-
ceeded to business; but there appeared such divisions and debates rela-
tive to the union, that for about thirteen days there was very little busi-
ness done at which time three votes were passed, which gave rise to a
dissent being brought into the house the next day, signed by twenty-
seven members of the council and assembly, (both the votes and dissent
I have delivered to the Hon. Council [of New-Hampshire.]) The gen-
eral assembly then proceeded to the business of the state, and reviewed
some old acts, and made some new; amongst which they ordered one
commission to be made for the justices of each county; and all the
names of the justices in the county of Cumberland to be put in the com-
mission for that county, and in like manner the county of Bennington.
I was credibly informed by several worthy members of the council
and assembly, that the second vote, above referred to in its original, was
passed as follows, viz. Whether the towns east of the river, included in
the union with this state, shall be annexed to the County of Cumber-
land-passed in the negative.¹
By several flying reports I was informed, that after the above men-
tioned twenty-seven members withdrew, they formed a convention,
chose a chairman and clerk, and then proposed to give an invitation to
all the towns on the grants to join them, and form a new state by the
name of New-Connecticut: they then adjourned their Convention to
some time the next week, to be held at Lebanon. There was about
eleven towns on the west side of the river joined in this Convention.
Thus, gentlemen, I have given a short state of the matter; which
I do certify, upon hononr, is the truth, according to the best of my mem-
ory.
IRA ALLEN.
Exeter, Nov. 4th, 1778.
The excited feeling, said Hon. WILLIAM SLADE, which produced the
secession of the protesting members, urged them to measures of a more
alarming character. They immediately assembled, and made arrange-
ments for the meeting of a convention; to which they invited all the
'The official record is in these words: "Question 2d. Whether the
towns east of Connecticut river, included in the union with this state,
sha 1 be included in the County of Cumberland ;" and the third question
was, whether these towns shall be created into a distinct county by
themselves. As both questions were negatived, the decision was against
the further continuance of the union, and might have been deemed so
unqualifiedly but for a subsequent vote referring the question to the
people for instructions to their representatives. Hence Gov. Chittenden
wrote to President Weare that the decision was adverse to the union "for
the time being."
430
Appendix G.
towns, in the vicinity of Connecticut river, to send delegates.* This
convention met at Cornish, in the state of New-Hampshire, on the 9th
of December, 1778. The only account of their proceedings, which we
have been able to find, is contained in the following abstract of their
proposals to the state of New-Hampshire.
1. "To agree upon and settle a dividing line between New-Hampshire
and the grants, by committees from each party, or otherwise, as they may
mutually agree.
Or, 2. That the parties mutually agree in the appointment of a court
of commissioners of disinterested, judicious men, of the three other
New-England states, to hear and determine the dispute.
Or, 3. That the whole dispute with New-Hampshire be submitted to
the decision of Congress, in such way and manner as Congress, in their
wisdom, shall prescribe.
Provided always, That the grants be allowed equal privileges with the
other party, in espousing and conducting their cause.
Or, 4. If the controversy cannot be settled on either of the foregoing
articles, and in case we can agree with New-Hampshire upon a plan of
government, inclusive of extent of territory, that we unite with them,
and become with them one entire state, rejecting the arbitrary line
drawn on the western bank of Connecticut river, by the king of Great
Britain, in 1764.”
The people of Vermont were now fully awake to their danger. The
impolicy as well as the injustice of aiding in the dismemberment of
New-Hampshire, became too apparent to admit a doubt as to the course
proper to be pursued. They were wise enough to retrace their steps.
and rid themselves of a connexion which threatened their ruin. Accord-
ingly, on the second day of the following session, the assembly of Ver-
mont dissolved the union; as will appear by the following extract
from the journal of their proceedings.¹
In General Assembly, February 12th, 1779.
Resumed the consideration of the union between this state and six-
teen towns, east of Connecticut river; when, the instructions of the
freemen of this state to their representatives, concerning said union, be-
ing examined, it appears that they are instructed to recede from such
union. Therefore, Resolved, That Mr. Hibbert and Mr. Wells be a com-
mittee to join a committee from the council, to prepare a draught rela-
tive to dissolving the union between the sixteen towns, before mention-
ed, and this state; and report thereon to this House.
The committee appointed to prepare a draught relative to dissolving
the union with sixteen towns, east of Connecticut river, with this state,
brought in the following report, viz.
Whereas, in consequence of a representation made to the general as-
sembly of this state, at their session at Windsor, in March 1778, by a
committee, consisting of seven persons, inhabiting several towns, lying
contiguous to the east side of Connecticut river, that a number of inhab-
ited towns, east of said river, were then unconnected with any state, in
regard to their internal police; and, on said committee's application to
the general assembly, that the said towns might be admitted into union
1
¹ Slade's State Papers.
*Williams's History.
Appendix G.
431
with this state, orders were issued by the assembly to the representa-
tives' constituents, for instructions in the premises :
And whereas, in consequence of such instructions, the representatives
of said constituents, when met, at their adjourned session, at Benning-
ton, on the eleventh day of June last, did receive into union with said
state, sixteen towns, east of said Connecticut river, and grant leave for
other towns to unite, if they should choose :
And whereas, a dispute has arisen, in respect to the right New-Hamp-
shire have to exercise jurisdiction over those sixteen towns, as claimed
in a letter to his Excellency Thomas Chittenden, Esq., by Meshech
Weare, Esq. President of the Honourable Council of the state of New-
Hampshire, dated Aug. 22d, 1778 :
And whereas, the general assembly of this state did, at their session
at Windsor, in October last, agree on certain methods (contained in the
report of the grand committee of both houses) to settle and adjust the
dispute with New-Hampshire; nevertheless. the measures to be pursued
to effect those methods, were rendered impracticable by the members,
east of said river, withdrawing themselves from the house, in an uncon-
stitutional manner, and forming a convention, in direct violation of the
most solemn oaths and obligations into which they had entered, declar-
ing themselves discharged from any and every former confederation and
association with this state:
And whereas, your committee have just grounds to apprehend that
the said sixteen towns are, of right, included within the jurisdiction of
New-Hampshire; they are, therefore, of opinion, that the said union
ought to be considered as being null, from the beginning.
JONAS FAY, Chairman of Committee.
The above draught being read, was accepted, and this house do, there-
upon, resolve that the said union be, and is hereby dissolved, and made
totally void, null and extinct : and that his Excellency the Governor be,
and he is hereby directed to communicate the foregoing draught, and re-
solve thereon, to the President of the Council of the state of New-
Hampshire.”
The foregoing report and resolution were presented by IRA ALLEN to
the President and Council of New-Hampshire on the 20th of March fol-
lowing.
Ethan Allen to the President of New-Hampshire.
[From the Ethan Allen Mss. Papers, p. 279.]
BENNINGTON, March the 4th day 1779.
Sir,—The Union which Impolitically was for a Time adhered to by a
Majority of this State, and which rec'd its death wound at the session of
our General Assembly in October last at Windsor, has at our late session
at Bennington, been in the fullest and most Explicit manner Dissolved ;
and that without a dissenting vote. And as the Laws of this State are
nearly ready for the press, and will soon be promulgated among the
People, after which this Government will exert itself to Quiet the Schism
on this Side of the River, I hope your Government will vigorously exert
their authority to the East Banks of the River, for I consider the Schism
on both sides to be Equally against both Governments, and therefore
both should join to suppress it. I have this further reason for the Exer-
tion of Government, as I am confident that Argument will be lost with
them, for the heads of the Schism at large are a Petulant, Pettefoging,
Scribbling sort of Gentry, that will Keep any Government in hot water
till they are Thoroughly brought under, by the Exertions of authority.
432
Appendix G.
This matter I submit to your better Judgment, and remain with Due
Respects Your Honours Most
Obedient and Humble Servt.
Honble. Meshech Weare, Esq.
ETHAN ALLEN.
An Account of the Proceedings of New-Hampshire. By IRA ÅLLEN,
Esq. To the Inhabitants of the State of VERMONT.
[From the Rural Magazine, vol. 1, pp. 571–574.]
Friends and Fellow Countrymen,-Pursuant to instructions received
from the governor and council of this state, to wait on the honourable
the general assembly of the state of New-Hampshire, at their session in
March last, I waited on them and at the request of several gentlemen
in this state, I now publish a short and concise account of some matters
that concern this state :
I arrived at Exeter on the evening of the 19th of March [1779,]_and
the next morning delivered the public writings (that were entrusted me
by the governor and council of this state,) to the president, and they
were read in council; and the president informed me, that General Bal-
ley [Gen. Jacob Bayley of Newbury] and Mr. [Davenport] Phelps were
to have a hearing before both houses on the afternoon of the 23d, in a
matter respecting the Grants on both sides of Connecticut River, when
it would be proper for me to attend, and the papers by me exhibited
read.
Being favoured with a copy of a petition to that honourable court, by
Gen. Balley and Mr. Phelps, I was excited to publish a hand-bill on the
22d, some of which I herewith exhibit. The before named gentlemen
not arriving, on the 25th I desired the papers by me delivered the pres-
ident might be read in the house, which was done, and a Committee ap-
pointed to take said papers, and confer with me, and report their opinion
thereon. Some members of the house then moved, that said committee
might go out that afternoon. I informed the house, that I did not move
for those papers to be read to hurry a determination; but that I viewed
it of consequence to both governments, and that the honourable house
might be possessed of the whole matter, and have time for mature de-
liberation thereon: And that as Gen. Balley and Mr. Phelps had pre-
ferred a petition to the honourable assembly, previous to my arrival, I
wished they might have an opportunity to support their petition, as the
determination of one case would in some measure determine the other:
and that all parties might be satisfied, desired that the determination
might be suspended until said gentlemen arrived—which was done.
I shall next insert said petition, which is in these words, viz.
To the Honourable the President in Council, and the Representatives of the
State of New-Hampshire, in General Assembly convened,―The Subscri-
bers hereto beg leave to represent,
That a large number of charters of incorporation of certain tracts of
land, were formerly issued from their Excellencies Benning Wentworth
and John Wentworth, Esqrs. in the name of the King of Great-Britain,
lying and being west of the Mason grant, and east of a north line, drawn
from the north-west corner of the now state of the Massachusetts-Bay,
to Lake Champlain, and from thence to the latitude of forty-five degrees.
That in the year 1764, the aforesaid King of Great-Britain, in violation
of his contract with the grantees, and in an arbitrary manner, passed a
decree, that there should be a division of the aforesaid grants between
the then Province of New-York and New-Hampshire; to which decree,
Appendix G.
433
the inhabitants of said grants were then, and have, ever since, been
averse; as they were, thereby, deprived of privileges which they, of
right, claimed, and in their settlement, reasonably expected, within the
jurisdiction of New-Hampshire.-That the inhabitants aforesaid, since
the declaration of independence, view themselves at liberty to connect
in one body politic, or unite with any other state. That they are now,
in general, desirous of an union with the state of New-Hampshire. That
the representatives of the people, in assembly, on the 20th of October
last, voted, that a defence of the rights of the people be stated by a com-
mittee appointed for that purpose, and that answers to some letters, &c.
be drafted by said committee. Also, that offers be made to the state of
New-Hampshire, either to settle a boundary line between said New-
Hampshire and the grants, by a committee mutually chosen, or in such
way as Congress may point out; or to make an offer of the whole of said
grants to New-Hampshire.
That on the 9th day of December last, by a convention of committees
delegated by the inhabitants of said grants,* it was voted, that proposals
of an union with said New-Hampshire be made to the assembly of said
state.
In consequence whereof, we, the subscribers, being duly authorised
for that purpose, do now propose to this honourable court, that the whole
of said grants be connected and confederated with said state of New-
Hampshire, receiving and enjoying equal privileges and immunities with
the good people of said state.
Dated at Newbury, this 17th day of March, 1779.
JACOB BALLEY,
DAVENPORT PHELPS.
A true copy of the original petition preferred to the general assembly
of the state of New-Hampshire, at their session in March, 1779,
NOAH EMERY, Clk. D. [H.] R.
(Attest.)
An extract of the Proceedings of the Cornish Convention,' [Dec. 9,
1778,] which authorised said Gentlemen to make overtures to New-Hamp-
shire, containing the proposals of said Convention to said State, is as fol-
lows, viz.
1. "To agree upon and settle a dividing line between New-Hamp-
shire and the grants, by committees from each party, or otherwise, as
they may mutually agree.
Or, 2. That the parties mutually agree in the appointment of a court
of commissioners of disinterested, judicious men, of the three other
New-England states, to hear and determine the dispute.
Or, 3. That the whole dispute with New-Hampshire be submitted to
the decision of Congress, in such way and manner as Congress, in their
wisdom, shall prescribe.
Provided always, That the grants be allowed equal privileges with the
other party, in espousing and conducting their cause.
Or, 4. If the controversy cannot be settled on either of the foregoing
articles, and in case we can agree with New-Hampshire upon the plan
of government, inclusive of extent of territory, that we unite with them,
and become with them one entire state, rejecting the arbitrary line
drawn on the western bank of Connecticut river, by the King of Great-
Britain, in 1764.”
¹Called by the Protesting Members of the Vermont General Assembly.
*There were but eight towns in Vermont, represented in this convention.- Williams.
434
Appendix G.
The reader is now invited to take a retrospective view of said petition
and extract, and candidly determine for himself, how near said petition
comports with the directions from said convention.
It is to be observed, that there were but eight towns on the west side
of Connecticut river represented in said convention; yet Gen. Balley*
had the audacity to declare in said petition, that they were duly author-
ized by the inhabitants of said Grants, to make such an overture to New-
Hampshire, and that said inhabitants were in general desirous of an un-
ion with said state.
But to return to the assembly of New-Hampshire. Gen. Balley and
Mr. Phelps arrived in town the evening of the 29th, and on the 30th had
a hearing before both houses, and the papers which I had before deliv-
ered the president were read; and it was moved, that a committee should
be appointed from both houses, to take up the whole matter; and the
council withdrew. The house proceeded to choose a committee, which
was joined by the Hon. Board, and the parties were notified to attend.
The committee reported to the house (in the forenoon of the 2d of
April) for the assembly of New-Hampshire to lay a claim to the whole
of the Grants, on this principle, viz. Not to hinder the state of Vermont
from being established as a state by Congress, but rather to help the in-
habitants, in case the Yorkers should hinder said state from being estab-
lished by Congress; and that New-Hampshire should exercise jurisdic-
tion to the west bank of Connecticut River. After a small debate on the
report, one of the members of the house desired to know whether said
report was agreeable to me or not. I then informed the hon. house,
that it was by no means agreeable to me,-and the consideration of the
report was laid over until afternoon, when the house resumed considera-
tion of said report. Mr. Phelps spoke in favour of said report, and I
spoke largely against it; in which I observed, That I did not doubt of
the good disposition of New-Hampshire towards Vermont-that it was
near fifteen years since New-Hampshire had laid any claim to the Grants
west of Connecticut River: during which time, the inhabitants had suf-
fered all the evils that a Colden, Dunmore, Tryon, and a Clinton, to-
gether with a clan of New-York land-jobbers could invent and inflict;
but that a glorious spirit of freedom stimulated the Green-Mountain
Boys (in former days) to draw and wield their swords in defence of their
persons and properties-that they had hitherto baffled all their diabolical
machinations against them-that the state of Vermont had nothing of
consequence to fear from New-York-that it had been the wisdom of the
assembly of said state. 10 appoint three agents to wait on Congress as
often as the nature of the case might require, who would be able to give
seasonable information, should any difficulty arise at Congress. That I
was apprehensive that such a claim (although it seemed well meant)
would tend to make, or rather continue some internal broils in the state
of Vermont; and therefore wished said claim might be suspended to
some future day. And the consideration of said report was laid over to
the next session of said assembly.
Since my arrival from New-Hampshire, have been informed that re-
monstrances against this state were signed and signing in a few towns,
by the instigation of some of the protesting members of the late coun-
cil and assembly of this state, in order to be preferred to the grand
council of America-that a number (nearly similar to the others) have
been lately printed for that purpose, one of which I have before me, in
which I observe several gross mistakes; but shall not take notice of any
* Ira Allen's note: I omit Mr. Phelps' name, as he is an inhabitant on the east side of Connec-
ticut River.
Appendix G.
435
but what are contained in the fourth paragraph of said remonstrance,
which is in these words, viz.
4. That they have, contrary to the resolve of Congress, proceeded to
confiscate many and large estates belonging to persons called Tories,
and have disposed of them accordingly, and the avails appropriated to
many frivolous and unnecessary purposes, without depositing any part
thereof in the continental loan-offices.
Whether it be right or wrong to confiscate the estates of Tories, I do
not take upon me at this time to determine; but have to observe, that
those very gentlemen were active with the other members of the coun-
cil and assembly, in forming a court of confiscation, and confiscating
the estates of Tories, and have assisted in disposing of the avails of such
estates. As the money had passed through my hands, shall give some
account of it. A very considerable part of it has been paid to the brave
officers and soldiers who have served in the defence of this and the United
States and I have now in my office, upwards of sixteen thousand dol-
lars in Continental loan-office notes.
I am well informed, that several of the members of the grand council
of America, do not hesitate to give it as their opinions, that the state of
Vermont, of right, ought to be a state; and that in due time it will be
established as such.
I am, friends and countrymen, your most obedient humble servant,
Norwich, April 19th 1779.
IRA ALLEN.
Claim of New-Hampshire to the whole territory of Vermont.
[From the Rural Magazine, vol. 1, pp. 574–5.]
STATE OF NEW-HAMPSHIRE.
In the House of Representatives, April 2d. 1779.
The committee on the petition of Gen. Balley and Mr. Phelps, relat-
ing to the New-Hampshire Grants, so called, reported, that this state
should lay claim to the jurisdiction of the whole of the New-Hampshire
Grants, so called, lying to the westward of Connecticut River, setting
forth the right this state has to the same: allowing and conceding nev-
ertheless, that if the honourable Continental Congress shall allow the
said Grants to the westward of Connecticut River to be a separate state,
as now desired by some of the inhabitants thereof, by the name of Ver-
mont, that in such case this state of New-Hampshire will acquiesce
therein. And that this state shall exercise jurisdiction as far west as
the western bank of Connecticut River, and no further, until the dis-
pute is settled by Congress.
By order of the major part of the committee,
(Signed)
JOSIAH BARTLETT, Ch.
Which report being read and considered-voted, That it lie for further
consideration until the next session of the general assembly of this
state.
Sent up for concurrence,
JOHN LANGDON, Speaker.
In Council, the same day, read and and concurred.
E. THOMPSON, Sec'y.
STATE OF NEW-HAMPSHIRE.
In the House of Representatives, June 24, 1779.
The house, by vote, took under consideration the report of the com-
mittee of the second day of April last, which was at that session voted
to lie for consideration until this session, relative to the New-Hampshire
436
Appendix G.
Grants, &c. And the question being put, Whether the report of the
said committee be received and accepted, or not ?-It passed in the af-
firmative.
Sent up for concurrence.
JOHN LANGDON, Speaker.
In Council, the 25th of June, 1779, read and concurred.
E. THOMPSON, Sec'y.
TO THE INHABITANTS OF THE STATE OF VERMONT.
[BY IRA ALLEN.]
[Furnished by Hon. JAMES H. PHELPS of West Townshend.]
FRIENDS AND FELLOW-CITIZENS, -Pursuant to appointment by the
Legislature and Instructions from the Governor and Council of this
State, I waited on the General Court of New Hampshire, at their Ses-
sions in June last, and delivered the public Writings intrusted me by
the Governor of this State, to the President, which were read in Coun-
cil, and sent to the House for their Inspection: The House, after reading
and considering the same, resolved into a Committee, to take into con-
sideration the whole Matter respecting Vermont, which was concurred
in by the Hon. Board; and Thursday the 24th of June, the Committee
met in the Assembly Chamber, and the Resolves of Congress of the 1st
and 2nd of June, respecting the Premises, and several other Papers
were read; among which was the Appointment of Col. Peter Olcott, and
Beza Woodward, Esq; impowering them as a Committee from the Com-
mittee of the Cornish Convention, to use their Influence with the Gen-
eral Court of New Hampshire, to extend their Claim and Jurisdiction
over the whole of the New Hampshire Grants. A Question was put to
said Committee, by a Member of the House, How many Towns were
represented in said Cornish Convention, on the West Side of Connecticut
River? Answer, About twenty-two in the Whole, and about Half of them
west of said River. Said Committee then proceeded to exhibit the Re-
turns made on a Hand-Bill formed by the Committee of the Cornish
Convention, on the 23d of April last, and sent to the several Towns in
this State, for the express Purpose of getting the numbers of the Inhab-
itants that were willing New Hampshire should extend their Claim and
Jurisdiction over the whole of the Grants-their Returns were sixty-five
Persons. They also alledged, that they had mislaid or lost the Returns
from one Town, in which there were one hundred and twenty Families
and but four Persons acted in Opposition to connecting with New Hamp-
shire: That the Reason why more Persons had not acted on said Hand-
Bill, was, that they had not circulated thro' the Grants, by Reason of
their falling into the Hands of the New Statesmen, who secreted or
burnt them -That for eighty Miles up and down Connecticut River,
there were but two Members attended the Assembly of Vermont:-That
so far as they had been able to collect the Sentiments of the People,
they were very generally on the east Side of the Green Mountain, and
a Number on the west Side said Mountain, for connecting with New
Hampshire; then referring to the Members of the House who lived con-
tiguous to Connecticut River, to inform what they knew respecting the
matter; Judge Marsh then arose, and with a Degree of Warmth as-
serted, that to his certain Knowledge, two thirds of the Inhabitants of
the Grants west of the River, would hold up both Hands to connect with
New Hampshire. A few more of the Members of the House, in Con-
versation with the other Members, had endeavored to insinuate Tenets
nearly similar. I then proceeded to make my Defence; in which I ob-
:
Appendix G.
437
served, That it was strange those Gentlemen were at a Loss to deter-
mine how many Towns were represented in the Cornish Convention, as
one was the Clerk, and both members of the same: - That there were
but eight Towns west of the River represented in said Convention :
That the Town said Committee had Reference to as having one hundred
and twenty Families, was the Town of Norwich, in which Col. Olcott
lived :-That I was informed by several respectable Gentlemen of that
Vicinity, that all due Pains were taken to convene the legal Voters on
Town Meeting Day-some refused to attend, as they would not act
against the State of Vermont; others were tired of Town Meetings, and
neglected to attend; in all, thirty-one Persons met, twenty-seven for
New Hampshire, and four for Vermont :—That I had as good, if not a
better Right, to count those who did not attend the Meeting for Vermont,
as they for New Hampshire:-That said Hand-Bills had been sent into
the County of Bennington, in several Places; and that the People there
did not take so much Notice of them, as to secrete or burn them :-That
I was knowing to said Hand-Bills circulating thro' a very considerable
Part of Cumberland County:-That in several Towns where they had
Town Meetings on other Business, said Hand-Bills were read, and the
Towns unanimously voted to have nothing to do with them in other
Towns the select-Men said, they knew nothing of J. Marsh, Chair-
man ;" and if they called a Town-Meeting at his Request, by the same
Rule they might have a Town Meeting every Day, if any Gentleman
desired it; therefore they would have nothing to do with it :-That by
this open and public Trial, they had proved that Gen. Bailey, at least,
was mistaken when he asserted in his Petition (preferred to the General
Assembly of New Hampshire, at their Sessions in March last) That the
Inhabitants of the Grants were in General, desirous of an Union with
New Hampshire :-That the eighty Miles mentioned by said Committee,
where there were but two Members attended the Assembly of Vermont,
was true;-but Part of that Distance was Woods, consequently no Mem-
ber could from thence attend; and some of the other Part was thinly
settled, and several Towns joined to choose one Member; but in that
Distance, and for more that eighty Miles more down the River, thro' a
settled Country, there were but four Towns on the River where they had
got so much as one Man to act in favor of connecting with New Hamp-
shire; and not so much as one fourth Part of the legal Voters in those
four Towns-a very small Minority indeed in Favor of connecting with
New Hampshire.
I then proceeded to treat largely on the fundamental Arguments, viz.
the Change of Jurisdiction in 1764—the Proclamation issued by his Ex-
cellency Benning Wentworth, Esq; dated about Feb. 1765-the Heads of
the Grievances the Inhabitants of Vermont have suffered from New York,
since 1764, to the present Era-Expence in sending Agents to Great
Britain-New Hampshire refusing to exert herself to recover her Juris-
diction, although often requested by the Inhabitants of the Grants, when
they were put to the greatest Extremity by New York-the Right the
People had to assume Government, since the present Revolution-Con-
stitution and Code of Laws established-Officers of Government, to-
gether with the Freemen of the State, sworn to support the Constitu-
tion thereof, as established by Convention-Letters from the General
Court of the State of New Hampshire, in November last, giving their
full approbation to the State of Vermont's being established by Congress
as such, provided the People there, as a Political Body, would dissolve
all Connections with sixteen Towns east of Connecticut River, which
they alledged to be a Part of New Hampshire :-That every Engagement
on the Part of Vermont to New Hampshire, was fulfilled ;-That it was
438
Appendix G.
one Thing for said State to lay a jurisdictional Claim to the Territory of
Vermont, and another to exercise Jurisdiction.
The Committee of both Houses disolved, and the House resumed the
Subject, and voted to lay Claim to the Jurisdiction of the Whole of the
New-Hampshire Grants, to the Westward of Connecticut River; never-
theless, allowing and conceding, that if the Hon. Continental Congress
should establish the State of Vermont, that in such case the State of
New Hampshire will acquiesce therein; and that said State should not
extend Jurisdiction farther West than the West Bank of Connecti-
cut-River, till otherwise directed by Congress.-Concurred by the Hon.
Board. --The General Court then chose a Committee to wait on the
Committee of Congress, supposing they would come to the County of
Grafton.
Although this Proceedure of the Court of New-Hampshire doth not
appear to be to the Disadvantage of Vermont, but rather as a Bar against
New York; yet I must not omit to observe that there are a Number of
the Members of that Court, who would be exceeding glad to have the
Territory of Vermont added to New-Hampshire. Their principal Mo-
tives to me appear to be these, viz. That the Addition of the Territory
of Vermont to that State, would most certainly bring the seat of Govern-
ment into another Neighborhood; but a greater Inducement is the un-
appropriated and Tory Lands within this State, which, if added to New-
Hampshire, would help them in the heavy Lift of paying Taxes.-If
said Lands are a sufficient Motive for some Part of the General Court
of New-Hampshire to wish to enlarge their Government for a share in
them, surely it would not be for the Interest of the Inhabitants of this
State. to take in so many Partners on that Footing, but to the Interest
of each Individual to oppose such an ungenerous Extention of New-
Hampshire; and warrantable for the following Reasons:
The State of Vermont is at this Time formidable against its old Ad-
versary, New-York, and has little or nothing to fear from her Power in
Arms or Influence at Congress.-In former Days, when under British
Administration, for any Set of Men to rise and oppose the Authority,
was thought a most daring Thing: People in general were under a
strong traditional Bias in favor of Government, and but few, how much
soever they might be oppressed, had that Fortitude and Patriotism that
they dare appear in Arms to defend their just Rights, in Opposition to
the undue Exercise of Law, when attempted to be exercised by legal
Officers of Justice; and when they did, seldom failed of losing some
of their Lives, and being vanquished by their Adversaries-witness
Nobletown, Livingston's-Manor, Bateman's-Patent, &c.-In those Days
the Green-Mountain-Boys were put to the sad Alternative of rising in
Arms, and opposing the legislative and executive Authority of New-
York, or of giving up their Lands and Possessions to the Land-jobbers
of said Province. Then the Green-Mountain-Boys were few in Number,
settled in a Wilderness Country, generally poor, but little more than the
Heavens to protect them and their Families from the Inclemency of
the Weather, the Justice of their Case not publicly known—a rich, pow-
erful and intriguing Province to contend with, who did not fail to send
their Emissaries amongst them, in order to make Divisions, by Commis-
sions, and every other Way in their Power. In short no Kind of Brib-
ery or Corruption was too mean for them to be guilty of. Then were
the Lives, Liberties and Properties of the People at Stake. In this
Situation, a few small Companies of Green-Mountain-Boys, (stimulated
by the same patriotic Spirit of Freedom which has since shined with a
superior Lustre from one End of this Continent to the other) baffled all
the diabolical Machinations of their inveterate Adversaries for more
Appendix G.
439
than seven Years together. Can this be accounted for, without acknowl-
edging the propitious Agency of the Deity ?-In those Days, repeated
Applications were made to New-Hampshire, to exert herself to obtain
the Jurisdiction again; but her Language was then nearly similar to
that of righteous Job; for it was the King gave and the King hath taken
away, and blessed be the Name of the King. From that Day to this, said
State hath not exerted herself to obtain Jurisdiction again
It was by Virtue of a royal Edict, that New-Hampshire ever had a
Right of Jurisdiction to the Westward of Connecticut-River, and by the
same Authority, in 1764, the Jurisdiction was curtailed to the West
Bank of said River; and the Assembly of said Province did then ac-
quiesce therein. The Members thereof did publicly assert that they had
ño Desire that their Province should extend any farther than said River;
and that they would not do any Thing to obtain Jurisdiction over a Terri-
tory they did not want.-Had the People then submitted to the Jurisdiction
of New-York, and since the present Revolution associated with them,
and assisted in forming a Constitution, established Courts, &c. the In-
habitants would now have been effectually bound down to the Jurisdic-
tion of said State; and it would have been now as much out of the
Power of New-Hampshire to extend their Jurisdiction to their ancient
western Limits, as for the Massachusetts-Bay now to extend their Ju-
risdiction to their ancient northern Limits, which I believe none are now
so hardy as to think of.
By what has been alread elucidated, it appears that the Inhabitants
of the Grants, by their own Exertions, have saved themselves from the
heavy Yoke of Bondage which New-York had prepared for them and
their Posterity; and that the Right of New-Hampshire (so late in the
Day) to the Territory of Vermont, must be very inconsiderable And
now, for a few of the Members of that General Court, with the Assist-
ance of a few Individuals to the East and West of Connecticut-River
(for sinister Views) to think of breaking up the State of Vermont, and
connecting the Territory thereof again to New-Hampshire, is an idle
Whim, a mere Chimera. It is well known, that by Reason of Oppres-
sions from Great-Britain, America revolted from her, and published to
the World a List of Grievances for the Vindication of her Conduct.—In
like Manner the Inhabitants of the now State of Vermont, published a
List of Grievances received from New-York, which to me appear as nu-
merous and aggravating as those this Continent has against Great-
Britain.
All governmental Power was given by GOD himself to the People;
therefore, the Inhabitants of the now State of Vermont did associate to-
gether and assume to themselves that inestimable Blessing of Heaven,
civil Goverument. This they did upon the same grand original Basis, or
great Rule of eternal Riglit, that a Number of the present Powers of
Europe revolted from the several Kingdoms to which they paid Alle-
giance, and on which the United States of America revolted from Great-
Britain, and assumed to themselves civil Government. The Inhabitants
of Vermont, for more than ten Years last past, have nobly exerted them-
selves for the Defence of their Liberties and Property, and in the pres-
ent Revolution did most heartily join their Brethren for the joint De-
fence of the Liberties and Property of the Americans in general, and
have distinguished themselves to the World, as a truly brave and enter-
prising People; and it is conceded to by the United States, that they
have done their full Proportion in this War, consequently they are in-
titled to equal Privileges with the Rest of their Brethren in America.
They have not delegated their natural Right of Legislation out of their
own Hands :-Their Numbers and Territory are sufficient for a State;
440
Appendix G.
and they have now as good a Right to govern their own internal Police,
as any one of the United States have theirs. By their noble Exertions
in the Cause of Liberty, they have acquired the Esteem and Confidence
of the United States-merited a Right to the Articles of Confederacy,
and a Seat in the Grand Council of America. These precious Privileges,
I conceive, will be the ultimate Reward of their many expensive Toils,
Battles and Hazards, and for the Attainment of which they have suffered
such an uncommon Share of concomitant Evils.-And as I have Reason
to apprehend the Grand Council of America is composed of as great
Patriots as any on Earth, doubt not but in due Time they will grant us
our reasonable Request :-Indeed it is for the Interest of the United
States to do it, as soon as the Circumstances of the Continent will admit;
therefore we need not hurry them.-It is an ancient Maxim, that Repre-
sentation and Taxation should go together; and until this State is repre-
sented in Congress, no Continental Tax can justly be laid on it.
Is it not strange that any of the Inhabitants of this State, who have
perused the Constitution and Laws, and duly considered the Advantages
that would accrue to each Individual by being and remaining a distinct
State, would be willing to give up those Privileges, and connect with
any other State? Surely the Constitution is upon the most liberal
foundation-the Laws are well calculated to preserve inviolate the Lib-
erties and Property of each Individual—the Act of Oblivion settles past
Controversies, and puts those who made the Laws and those who op-
posed them on one Footing, each having a Right to the Protection of
the same; and as one common Interest runs thro' the Whole, hope that
past Animosities will be forgotten, and all join Hand in Hand to support
their common Rights and Interests.
The Circumstances of this State, in some Respects, is different from
every other State on the Continent it is not in Debt-I have as much
Money in my Office as is due from the State except what I have taken
in upon Loan, to balance which, I have in my Office about as much
Money in Continental Loan Office Notes, so that, on a Balance, the
State is little or none in Debt, excepting what may be supposed to be
this State's Proportion of the Continental Debt.-(If any Individual in
the State is not satisfied with this Stating of Accounts, I invite him to
wait on me at my Office, and I will exhibit the public Books of Debt and
Credit for the Proof of the Assertion.)-But there are several valuable
Tracts of Land, the Property of this State :-how far those Lands will
go towards paying the Continental Debt, do not at this Time take upon
me to determine.
Every one of the United States have emitted large Sums of Money,
some Part of which has been called in, by giving States Loan Office
Notes for the same which are yet due. By this and other Proceedures
of the several States, they are in Debt. The Inhabitants of the respective
States, have received the Benefits of such Debts when they contracted
them; but the Inhabitants of this State have received no Benefit from
such Debts: and why they should any of them wish to connect with any
such State, when they know they will be brought in to pay a Part of all
such arrearages, is a thing almost unaccountable.
As there are four public Rights of Land in each Town in this State-one
for the first settled Minister, one for Schools, one for the first settled
Church Minister, and one for propagating the Gospel in foreign Parts-
I propose for Consideration, whether it would not be advisable for the
Assembly to direct each Town to lease out the two latter, and the Avails to
be by each Town appropriated for the Support of the Gospel in the same.
Lastly I proceed to state two 'Matters that are Facts, which I believe
will not be disputed by any; from which I shall ask two Questions.
Appendix G.
441
Fact First. A certain Fraternity of Gentlemen, contiguous to Con-
necticut River, after the Inhabitants of the Grants west of said River
had declared themselves to be a free State, by the name of Vermont, did
assert that said State had a just Right to be a State; and that the
Grants east of Connecticut River were unconnected with any State, and
had a just Right to join said State.
Question First. Did the Dissolution of the Union (so called) lessen
the Right the State of Vermont had to be a State before the said Union
took place ?—If it did, in what Manner?
Fact Second. It was also asserted by said Gentlemen that New Hamp-
shire had no Right, Title, or Color of Jurisdiction to the West of the
Mason Line-That the Grants West of the Mason Line, and East of
Connecticut River, had a good Right to form themselves into a State,
and would do it, if the State of Vermont would not take them into Un-
ion. The foregoing assertions being granted ;
Question Second. What Propriety is there now in requesting New
Hampshire to extend their Claim and Jurisdiction over the Territory of
Vermont ?
I am, Friends and Countrymen, your obedient and ever faithful Ser-
vant,
IRA ALLEN.
Norwich, July 13, 1779.
I beg Leave to subjoin the following Copy of a Letter from the Hon. Com-
mittee of Congress, to the Committee of the Yorkers in the lower Part of
Cumberland County.
66
Bennington, June 23d, 1779.
"GENTLEMEN,-The Subscribers are here at present, as members of
a Committee of Congress sent for the express Purpose of endeavoring
to bring about an amicable Settlement of the Differences between the
State of New York and the Inhabitants of the New Hampshire Grants,
who have formed themselves into a State, called by them the State of
Vermont.
"We have understood that you, and others of the State of New York,
have declined taking your turn of militia Duty, for the Defence of the
Frontiers, because the Requisition was made under the Authority of the
State of Vermont; and that you have met with some Trouble on this
Account.
"We have therefore sent this to inform you, that we hope there will be,
by Interposition of Congress, a happy Accommodation of all Differen-
ces, in a short Time. In the mean while we have obtained a Promise of
Gov. Chittenden, that you shall not be molested till matters are finally
settled; and we have engaged to write to you, voluntarily and freely to
raise your full Proportion of Men, whenever your Neighbors are called,
and you are informed of this, either by Continental Officers, or the new
State, till such Time as you have special Directions from the Governor
of New York, which we hope to obtain for you, on our return Home.
This we are confident you will readily comply with, as otherwise People
will be tempted to impute your Conduct to Disaffection to the Cause of
the United States.
"We hope that you will understand that the Protection and Forbear-
ance which is promised us on your Behalf, is to be considered as the
only Condition of your cordially complying with our Request, and in
every Respect behaving quietly and orderly, while the Measures for Pa-
cification are on Foot.
"We are, &c.
"JOHN WITHERSPOON.
SAM. J. ATLEE."
30
APPENDIX H.
PROCLAMATION OF PARDON ISSUED BY GOV. CHITTEN-
DEN JUNE 3, 1779.¹
J
[Copy from the original as printed by the state printers. Furnished by HON. JAMES H. PHELPS,
of West Townshend.]
BY HIS EXCELLENCY
THOMAS CHITTENDEN, Esq;
Governor, Captain General and Commander in Chief in and over the State
of VERMONT.
A
PROCLAMATION.
WHEREAS, Sundry Persons, Inhabitants of this State, forgetting
that great Tie of Allegiance that ought to bind every Subject in a
faithful Obedience to that Power which protects Life, Liberty and For-
tune-being instigated partly through their own mistaken Notions of
Government, not considering all Power originates from the People;
and building on a false Reason, that a public Acknowledgement of the
Powers of the Earth is essential to the Existence of a distinct sepa-
rate State :-But their especially being deceived, and influenced by cer-
tain Persons who have crept in privily to spy out and overturn the Lib-
erties of this State, purchased at the dearest Rute Who, acting under
Pretence of Power assumed by a neighbouring Sister State, never de-
rived from God or Nature, have imposed their Tenets upon the credu-
lous, whereby a Number have been traduced to follow their pernicious
Ways, by open Opposition to the Authority of this State, in the Execu-
tion of Justice by the civil Law, to the Disturbance of the Peace, there-
by incurring the Penalties of that great Rule of Right which requires
Obedience to the Powers that are.
AND whereas the supreme Authority of this State are ever willing to
alleviate the Miseries of those unhappy Subjects who transgress Laws
1
¹A copy of what appears to be the original draft of this proclamation
may be found in Slade's State Papers, pp. 556-7. It is without the sig-
nature of the Governor and Secretary, and it is evident that changes in
the original were made before the proclamation was signed and published.
These changes, however, are not of importance enough to require a re-
print of the original draft.
Appendix H.
443
through mistaken Notions, in remitting the Penalties thereof-And in-
asmuch as equal Punishments (in this Case) can not be distributed, with-
out punishing the Righteous with the Wicked:
I
HAVE therefore thought fit, by and with the Advice of Council, and
at the Desire of the Representatives of the Freemen of this State,
in General Assembly met, to make known and declare this my gracious
Design of Mercy to every Offender :-And do hereby publish and de-
clare to all Persons residing within this State, A FULL AND FREE
PARDON of all public Offences, Crimes, and Misdemeanors heretofore
committed within the Limits of this State, against the Honor and Dig-
nity of the Freemen thereof-remitting to all and singular the Persons
aforesaid, all Penalties incurred for Breaches of the Peace, such as
Riots, Mobs, tumultuous Assemblies, Contempt of and Opposition to
Authority; excepting only the Crimes of High-Treason, Misprison of
Treason, and other capital Offences, committed since the 15th of January
1777; and all Persons indicted, informed against, or complained of, for
any of the Offenses aforesaid, committed before this Date, may plead
this Proclamatien in Discharge thereof.
Provided nothing herein contained be construed to extend to any
Person against whom Judgment has been already rendered, nor to bar
any Person from recovering private Damages, any Thing contained
herein to the contrary notwithstanding.
AND I do further assure the Subjects of this State, that it is not the
Design of their Rulers to take from any one the peaceable Enjoyments
of his own Possessions, acquired by the Sweat of his Brow, whatever
Falshoods wicked designing Men may have invented, to disquiet the
Minds of the faithful Subjects of the rising State of VERMONT.
Given under my Hand and Seal in the Council Chamber at Windsor, on
the 30 Day of June 1779, and in the Third Year of the Independency
of this and the United States of AMERICA.
By His Excellency's Command,
JONAS FAY, Sec'ry P. T.
THO'S CHITTENDEN.
Printed by JUDAH-PADOCK & ALDEN SPOONER, Printers to
the General Assembly of the STATE OF VERMONT.
APPENDIX I.
A VINDICATION OF THE OPPOSITION OF THE INHABITANTS OF
VERMONT TO THE GOVERNMENT OF NEW-YORK, AND OF THEIR
RIGHT TO FORM AN INDEPENDENT STATE. Humbly submitted
to the impartial WORLD. By ETHAN ALLEN. PRINTED BY
ALDEN SPOONER, 1779, Printer to the State of Vermont,
[From the only copy of the original pamphlet in the State Library.]
THIS Vindication is humbly inscribed to his Excellency the Governor
and the Hon. the Council of the State of Vermont, by their most obe-
dient humble Servant the Writer. If it meets with their Approbation and
Patronage, he will esteem it a Compliment of Honor and Respect, and be
still further satisfied if it may but contribute towards the Happiness and
Establishment of the People on whose behalf it was Wrote.
R
State of VERMONT.
In Council, Arlington, 23d of August, 1779.
ESOLVED, That the following Vindication be forthwith published,
and that a Number of the Pamphlets be sent to the Congress of the
United States, and to the General Assembly of every of these States
and that a Number be likewise sent to the Generals and other principal
Officers of the Continental Army, for their Consideration.
Per Order of the Governor and Council,
A VINDICATION, &c.
JOSEPH FAY, Sec'ry.
THE very extraordinary demand which the government of the State
of New York make on the grand Congress of the United States,
forthwith to decide in their favor, (and as they would have it ex parte)
that long and spirited controversy which has subsisted between them
and the inhabitants of the territory now known by the name of Ver-
mont, together with their misrepresentations of facts; has induced the
government of Vermont, to publish to the impartial world, a further viu-
dication of the conduct of those inhabitants than hath been already done,
and exhibit to all wise and understanding Beings whom it may concern,
the intrinsic causes, motives and reasons, of their assuming government.
It is well known that this contest was not occasioned by the late rev-
olution, but existed many years before; that the contending parties
were greatly exasperated towards each other; and that those inhabit-
ants had appealed from the decision of the courts, as by law established
Appendix I.
445
in the then province of New-York, to arms, and had anounced to the
public their reason for so doing.
A SHORT state of the proceedings of both parties (being necessary to
communicate to the public, in order to their rightly determining the
merits of such an important dispute) is herewith given. And 1st. The
government of New-York obtained the jurisdiction of the contested ter-
ritory in 1764, ex-parte and contrary to the minds of the original Gran-
tees and Settlers under New-Hampshire, and therefore ought to be con-
sidered as null and void from the beginning. And secondly, The undue
use and oppressive exercise which they have ever since made of the
power of jurisdiction towards those inhabitants, altho' their legal claim
of jurisdiction was ever so well grounded, would fully justify those in-
habitants in their opposition to that government, and in their assuming
independence.
NO SOONER had the government of New-York obtained the jurisdic-
tion of these lands, but they presumed to re-grant sundry large patents,
interfering with prior grants from the government of New-Hampshire,
at a time when the Grantees under New-Hampshire were in full pos-
session of the very lands re-granted.
THIS reprehensible procedure of the government of New-York, laid
those inhabitants under the necessity of remonstrating against that gov-
ernment. They therefore impowered Samuel Robinson, Esq. (then of
Bennington) their Agent, to lay the same before the King and privy
Council, together with a humble Petition from those inhabitants, that
the jurisdiction of those lands might be restored to New-Hampshire
again. The consequences of these measures were favorable to the Gran-
tees under New-Hampshire, and were the means of obtaining the King's
express prohibition to the government of New-York, to make no grants
of lands in the disputed premises, on pain of his highest displeasure.
THE government of New-York did nevertheless presume in direct
violation of the said prohibition, to graut most of the prohibited prem-
ises: and further proceeded to oppose the authority of the king, by erect-
ing and establishing the counties of Cumberland and Glocester, which
are contained in the territory in dispute, though the king had signified
to the said government, his utter disapprobation of the establishment
thereof. And all this when the now Independent States were subject to
the royal authority.
IN the year 1769, the claimants under the subsequent grants from
New-York, and not residing on the controverted premises, brought ac-
tion of Ejectment in their supreme Court held at Albany, against sundry
actual settlers who claimed the soil by virtue of prior grants from New-
Hampshire. But most if not all the judges and attornies, particularly
Messrs. Duane and Kemp, which attended the court, were patentees un-
der New-York, and some of them intrusted [interested] in the very
patents, then on trial.
THE plaintiff's appearing in great state and magnificence, which to-
gether with their junto of land-thieves, made a brilliant appearance;
but the defendants appearing in but ordinary fashion, having been
greatly fatigued by hard labour wrought on the disputed premises, and
their cash much exhausted, made a very disproportionable figure at
court. In fine, interest, connection and grandeur, being all on one side,
easily turned the scale against the honest defendants, and judgment
without mercy in favor of the claimants under New-York, was given
against them. In the course of the trial, a grant of the township from
New-Hampshire under which the defendants claimed being produced in
court, and also a certificate from the Governor of New-Hampshire, and
his Secretary, that the land grant was legally executed to the grantees
446
Appendix I.
whose names were mentioned on the back of the charter, it was never-
theless ruled that the same should not be read in court.
Soon after, writs of possession were issued in form of law against the
vanquished defendants, and new actions of ejectment were commenced
against other of the inhabitants; but their spirit was too great to bear
such insults any longer; they therefore resisted and defeated the officers
in their attempts to gain possession.
DIRECTLY after these tumults, the legislature of New-York passed a
law annexing a penalty of thirty pounds fine and six Months imprison-
ment, on any of their subjects who should refuse to assist the sheriff
when legally requested, to carry into execution those writs of posses-
sion.
THIS law had no sooner been promulgated, but Governor Tryon who
then presided over the government, gave orders to the militia of Albany
county, to assist the sheriff in executing the writs aforesaid, The inhab-
itants being thus drove to the extremity of either quitting their posses-
sions or resisting the sheriff and his posse. In this state of desparacy
they put on fortitude and chose the latter expedient, and managed with
that bravery that they defended their possessions; and the sheriff with
his posse returned to their own land without any bloodshed on the occa-
sion. But it should be confessed that this event was not altogether ow-
ing to the valor of the green mountain boys, for the militia were most
generally persuaded that the cause of those inhabitants was just; and
that the New-York patentees were oppressive and unjust, and therefore
they would not hazard their lives to assist them in such usurpation of
the rights of their fellow-men, and in the event were sure to be no gain-
ers turn which way it would.
AFTER this ineffectual muster of the militia, the land-schemers
adopted different measures to accomplish their designs, perceiving that
the militia would not fight for their subsequent and exorbitant claims:
and as to themselves, they were a jesuitical and cowardly junto of
schemers, not inured to danger, hardships, or the horrors of war, durst
not fight for their own claim; their accustomed way to carry points be-
ing to deceive, cheat, and over reach the commonality of their species
under pretext of law, justice, and good government. These are their
horns of iron, and with them they do push. They were therefore
obliged to follow their old and beaten road of politics; and by their in-
fluence caused a number of the leading men among those inhabitants,
to be indicted as rioters, designing to have made such an example of
them, as to fright the inhabitants in general to a tame compliance with
the decisions of their courts of law, or which is the same thing, to yield
up their property to them, and become their tenants and slaves.
THE inhabitants in general were apprised that this was their design,
and guarded against it; were very active and vigilent in defending their
friends and neighbours indicted as aforesaid; being fully persuaded that
the said junto of patentees had in those very indictments for their ob-
ject, the very lands which they the aforesaid inhabitants possessed.
SUNDRY proclamations under the signature of governor Tryon were
issued, for the express purpose of apprehending those inhabitants which
he was pleased to denominate riotous, licentious, disorderly, &c. and
large rewards therein were offered for that purpose; but the governor
and whole catalogue of patentees, had the mortification to be baffled in
their attempts to take rioters (as they phrased it) during the course of
three years; and the green mountain boys prevailed against them, seized
their magistrates and emissaries; and in fine, all those their abettors
which dared to venture upon the contested lands, and chastised them
Appendix I.
447
with the whips of the wilderness, the growth of the land which they
coveted.
AND on the 9th day of March, 1774, the legislative anthority of the
province of New-York, did pass twelve acts of outlawry against those
inhabitants, and they on their part published a declaration of a defensive
war, against the government of New York, on the 26th day of April
following; and extended their settlements and emigrants from New-
England, increased their power, and they built fortifications in their
frontier settlements, against the government of New-York, and garrison-
ed them, and prospered until the late glorious revolution.
:
A PARTICULAR history of this controversy from the commencement
of it down to this era, having been written by the writer of this vindi-
cation; and published in 1774, Intitled A brief Narrative of the proceed-
ings of the government of New-York, &c., it will be therefore needless, as
also too prolix, to give the contents a place in this; and for this reason
some memorable parts of it only are subjoined and to the whole is add-
ed as an appendix, uine sections of the same; holding forth a clear con-
futation of a New-Yorkish doctrine, recently propagated, of an antient
right of theirs to the jurisdiction of the territory in dispute, with a
chain of arguments calculated on an extensive scale, and predicated on
undeniable facts; evincing that the right of soil to the lands contained
in the limits of the New-IIampshire Grants was conveyed to the grantees,
by virtue of the respective grants; that their right to the lands therein
contained is indefeasible; and that the royal adjudication of the bound-
ary line between the governments of New. Hampshire and New-York,
should have operated as a line of jurisdiction only, and not in any
measure to effect [affect] the property of the subject. Without the con-
sideration of these arguments on the right of title of those lands, a just
conclusion on the controversy cannot be drawn; for if those settlements
were an intrusion on the right of the government of New-York, it would
in a great measure extenuate their conduct towards them; but if on the
grounds of justice and solid argument the New-Hampshire Grants are
good and valid, it must of necessity invalidate the New-York interfering
grants, and leave that government no excuse for their abuse to those
inhabitants. This we refer to the public and proceed to the later stages
of the controversy.
THE approaching rupture between Great-Britain and the Colonies was
matter of serious reflection to the inhabitants of this frontier; their
controversy with New-York, having (at a great expence) been previous-
ly submitted to the King and privy council, by the negociation of spe-
cial agents at two different times, and was in a high probability of being
determined in their favor, which influenced some of the inhabitants to
take a part with Great-Britain, the more so, as this part of the country
was a frontier, and of consequence would be greatly under the enemy's
power, who was then in possession of Ticonderoga, Crown Point and St..
Johns, and commanded the lake with a vessel of force besides. At the
same time their settlements were extended on the east side of the lake
almost to the province of Quebec. This was their situation when on the
very eve of a war with Great-Britain.
THE battle of Lexington almost distracted them, for interest inclined
them to favor the royal side of the dispute, but the stronger impulses
of affection to their country, excited them to resent its wrongs, and ob-
tain satisfaction for the blood of their massacred countrymen. Their
condition was truly perplexed and critical: their hopes were placed on
the royal authority for their deliverance from the incroachments and op-
pressions of the government of New-York; but the ties of consanguin-
ity, personal acquaintance and friendship, similarity of religion and man-
448
Appendix I.
ners to the New-England governments from whom these inhabitants had
most generally emigrated, weighed very heavy in their deliberations ;
besides, the cause of the country was generally believed to be just; and
that resistance to Great-Britain had become the indispensible duty of a
free people. But there was one very knotty query, which exercised the
minds of their best politicians, viz. Provided they should take an active
part with their country; and furthermore, Provided an accommodation
should take place, and the colonies return to their former allegiance,—
what would then become of them or their remonstrances against the gov-
ernment of New-York, lodged at the court of Great-Britain? but this
danger seems to have been luckily passed over.
SOON after the news of the Lexington battle, the principal officers of
the green mountain boys, and other principal inhabitants were convened
at Bennington, and attempted to explore futurity, but it was found to be
unfathomable, and the scenes which have since taken place, then ap-
peared precarious and uncertain. However, it was imagined that pro-
vided those inhabitants were loyal to their country, and the event of the
war should prove favorable to America, and their struggles for liberty
should bring about a revolution instead of a rebellion; that in this case
they should rid themselves of the grievous usurpation of the government
of New-York, and be entitled and readily admitted to any privileges which
could reasonably be expected on revolution principles, which undoubtedly
will be the consequence; (for it can hardly be doubted, that provided the
said inhabitants had exercised the same degree of royalty to the King
that they have to the country, they might have shared as great privi-
leges from the royal favor as they now request of Congress, viz. Pro-
vided the event of the war had proved as successful to Britain as it has
to America.) And as every of the colonies and plantations were then
taking arms for the mutual security of their liberty; and it was equally
just and incumbent on the inhabitants of the New-Hampshire Grants, to
do the same, It was therefore resolved to take an active part with the
country, and thereby annihilate the old quarrel with the government of
New-York, by swallowing it up in the general conflict for liberty; at
that time not apprehending the least danger (on the proviso of a revul-
sion's taking place) that Congress would resolve them to belong to the
government of New-York; or in any manner countenance their being
deprived of their liberty by subjecting them under the power of a gov-
ernment which they detest more than that of the British, which they
have manfully assisted the United States to suppress.
BUT the enemy having the command of lake Champlain and the garri-
sons contiguous to it, was ground of great uneasiness to those inhabitants
who had extended their settlements on the rivers Otter-creek and Onion-
river, and along the east side of the lake aforesaid; who, in consequence
of a war, would be under the power of the enemy. It was therefore
projected to surprise the garrisons of Ticonderoga and Crown-Point, with
the armed vessel in the lake, and gain the command of that important
pass; in as much as such an event would in a great measure secure
those inhabitants from the enemy, obliging them to take post in Canada;
but whether such a measure would be agreeable to congress or not they
could not for certain determine. But it was apprehended that if those
posts were not soon taken they would be strongly re-inforced, and be-
come impregnable to any attack short of a regular siege, for which, at
that time, the country were very deficient in the articles of artillery, &c.
WHILE these matters were deliberating, a committee from the coun-
cil of Connecticut arrived at Bennington, with advice and directions to
carry into execution the surprise of those garrisons; and, if possible, to
gain the command of the lake. Which was done without loss of time.
Appendix I.
449
DURING near two years in the first of the war with Britain, the inhab-
itants of these contested lands governed themselves, and managed
their internal police under the direction of committees and conven-
tions, as they had done from the commencement of their controversy
with the government of New-York, a small number of the inhabitants
excepted, who are situate in the southeast corner of Cumberland county,
who adhere to the government last mentioned, and are part of them
Tories.
ON the 15th day of January 1777. the inhabitants of the New-Hamp-
shire Grants to the westward of Connecticut-river, at a general conven-
tion, abrogated their former modes of government, viz. by committees
and conventions, and declared themselves A FREE AND INDEPENDENT
STATE, and have formed their constitution and mode of government,
elected their officers both civil and military; and made and established
a code of laws for the future government of the State And in conse-
quence of their frontier situation have been invaded by Britons, Hes-
sians, Savages, and more savage Tories; and have (as they humbly con-
ceive) in their various struggles for liberty, fairly merited the inestima-
able enjoyment of it. This they consider as the ultimate reward of
their many expensive toils, battles, and hazards; and for the attainment
of which, they have endured such an uncommon series of concomitant
evils.
ON. the 23d day of February 1778, his excellency governor Clinton,
in pursuance of the request of the Senate and Assembly of the State of
New-York, issued his proclamation, which is here transcribed, with the
answer to the same, which was published in August following.
66
By his Excellency GEORGE CLINTON, Esq; Governor of the State of
New-York, General of all the Militia, and Admiral of the Navy of
L. S.
the same.
A PROCLAMATION.
WHEREAS the Senate and Assembly of this state, did, by their
several resolutions, passed the twenty-first day of this instant
month of February, declare and resolve, That the disaffection of many
persons, inhabiting the north eastern parts of the county of Albany, and
certain parts of the counties of Charlotte, Cumberland and Gloucester,
clearly included within the ancient, original, true and lately established
bounds of this state, arose from a contest, about the property of the soil
of many tracts of land, within those parts of the said counties respectively:
That the said contest was occasioned, partly by the issuing of divers
interfering patents or grants, by the respective governments of New-
York, on the one part, and those of Massachusetts-Bay and New-Hamp-
shire, on the other, antecedent to the late establishment of the eastern
boundary of this state; partly by an higher quit-rent reserved on the
said lands, when re-granted under New-York, than were reserved in the
original grants under New-Hampshire or Massachusetts-Bay, and the
exorbitant fees of office accruing thereon; and partly by a number of
grants made by the late government of New-York, after the estab-
lishment of the said eastern boundary, for lands which had been before
granted by the governments of New-Hampshire and Massachusetts-Bay,
respectively, or one of them; in which last mentioned grants by the late
government of New-York, the interest of the servants of the crown,
and of new adventurers, was, in many instances, contrary to justice and
policy, preferred to the equitable claims for confirmatiou, of those who
had patented the lands under New-Hampshire or Massachusetts-Bay:
450
Appendix I.
That the aforesaid disaffection has been greatly increased, by an act
passed by the legislature of the late colony of New-York, on the ninth
day of March, in the year of our Lord, one thousand seven hundred and
seventy four, entitled "An Act for preventing tumultous and riotous as-
semblies in the places therein mentioned, and for the more speedy and
effectual punishing the rioters:"-That many of the aforesaid disaffected
persons, though unjustifiable in their opposition to the authority of this
state, labour under grievances, arising from the causes above mentioned,
which in some measure, extenuate their offence, and which ought to he
redressed :—
That, therefore, the Legislature of this state, while on the one hand,
they will vigorously maintain their rightful supremacy over the persons
and property of those disaffected subjects, will, on the other hand, make
overtures to induce the voluntary submission of the delinquents :-
That an absolute and unconditional discharge, and remission of all
prosecutions, penalties and forfeitures, under the above-mentioned act,
shall be an established preliminary to such overtures; which overtures
are as follows, viz.
1st. That all persons actually possessing and improving lands, by
title under grants from New-Hampshire or Massachusetts-Bay, and not
granted under New-York, shall be confirmed in their respective posses-
sions.
2d. That all persons actually possessing and improving lands, not
granted by either of the three governments, shall be confirmed in their
respective possessions, together with such additional quantity of vacant
land, lying contiguous to each respective possession, as may be neces-
sary to form the same into a convenient farm; so as the quantity to be
confirmed to each respective person, including his possession, shall not
exceed three hundred acres.
3d. That where lands have heretofore been granted by New-Hamp-
shire and Massachusetts-Bay, or either of them, and actually possessed
in consequence thereof, and being so possessed, were afterwards, granted
by New-York, such possessions shall be confirmed; the posterior grant
under New-York, notwithstanding.
Provided always, That nothing in the above regulations contained,
shall be construed to determine any question of title or possession, that
may_arise between different persons claiming under New-Hampshire
or Massachusetts-Bay, or between persons claiming under New-Hamp-
shire on the one, and under Massachusetts-Bay on the other part, inde-
pendent of any right or claim under New-York.
4th. That, with respect to all such cases, concerning the aforesaid con-
troverted lands, as cannot be decided by the rules exhibited in the afore-
going articles, or some one of them, the Legislature of the state of New-
York, will provide for the determination of the same, according to the
rules of justice and equity, arising out of such cases respectively, with-
out adhering to the strict rule of law.
5th. That, in all cases, where grants or confirmations shall become
necessary, on acceptance of the above overtures, such grants or confirma-
tions, shall issue to the grantees, at, and after, the rate of five pounds for
a grant or confirmation of three hundred acres or under; and for every
additional hundred acres, the additional sum of sixteen shillings; except.
in cases, where lands shall be granted or confirmed to divers persons in
one entire tract; in which case, the grants shall issue, respectively, for
fifteen pounds each; which allowances shall be in lieu of all other fees
or perquisites whatsoever.
6th. That whenever, agreeable to the above regulations, new grants
or confirmations shall become necessary under this state, for lands here-
Appendix I.
451
tofore granted by New-Hampshire or Massachusetts-Bay, the same quit-
rent only shall be reserved, which was reserved in the original grants
under New-Hampshire or Massachusetts-Bay.
7th. That where lands, heretofore granted by New-Hampshire or Mas-
sachusetts-Bay, have been, since, confirmed to such grantees by new
grants under New-York, the quit-rents on such lands, shall be reduced
to what they were in the original grants, under New-Hampshire or Mas-
sachusetts-Bay.
8th. That, in order to encourage the settlement of the aforesaid dis-
puted lands, in a peaceful subjection to the authority and jurisdiction of
this state, and also of all other lands held within and under this state,
the following commutation for the quit-rents, shall be allowed, riz :
That, on payment, at the rate of two shillings and six pence, lawful mo-
ney of this state, into the treasury of this state, for every penny sterling
of quit-rent reserved; or, on delivery into the same, of seventeen times
the quantity of grain, or other commodity, reserved for such quit-rent,
the same shall thence forward be utterly discharged, and for ever cease
and be extinguished.
That these overtures should be offered with a view, not only to induce
the aforesaid discontented inhabitants of the counties of Albany, Char-
lotte, Cumberland and Gloucester, to return to a lawful and rightful obe-
dience to the authority and jurisdiction of this state; but also in favor
of all others whom the same may concern; and to be of no avail to any
person or persons whatsoever, who shall, after the first day of May next,
yield or acknowledge, any allegiance or subjection to the pretended state
of Vermont, the pretended government thereof, or to any power or auth-
orty, pretended to be held or exercised thereunder.
That the aforegoing overtures, on the condition above expressed, be
tendered for acceptance to all persons, to whose case the same, or any or
either of them, do, or shall apply, upon the public faith and assurance of
the legislature and government of this state of New-York, pledged to
such person and persons for the purpose.
That the several branches of the legislature of the state of New-York,
will concur in the necessary measures for protecting the loyal inhabi-
tants of this state, residing in the counties of Albany, Charlotte, Cumber-
land and Gloucester, in their persons and estates, and for compelling all
persons, residing within this state, and refusing obedience to the gov-
ernment and legislature thereof, to yield that obedience and allegiance,
which, by law and of right, they owe to this state.
And whereas, The said Senate and Assembly of this state of New-York,
have also, by their resolution, requested me to issue my Proclamation,
under privy seal of this state, reciting their aforesaid declarations and
resolutions, and strictly charging and commanding all manner of persons,
in the name of the people of the state of New-York, to take due notice
thereof, at their peril, and govern themselves accordingly :
I DO THEREFORE hereby, in the name of the people of the state of
New-York, publish and proclaim the aforesaid declarations and resolu-
tions; and I do hereby strictly charge and command all manner of per-
sons within this state, at their peril, to take due notice of this procla-
mation, and of every article, clause, matter and thing therein recited and
contained, and to govern themselves accordingly.
Given under my Hand, and the privy seal of the State of New-York,
at Poughkeepsie, in the County of Dutchess, the Twenty-Third Day of
February, in the Year of our Lord, One thousand Seven Hundred and
Seventy-Eight.
GEO. CLINTON.
GOD SAVE THE PEOPLE.
452
Appendix I.
[ETHAN ALLEN'S REPLY To the foregOING PROCLAMATION.]
This proclamation, after mentioning a disaffection of many persons,
inhabiting the north-east parts of the county of Albany, and certain
parts of the counties of Charlotte, Cumberland and Gloucester, proceeds
to affirm that these tracts of country were clearly included within the
ancient, original, true, and lately established bounds of the state of New-
York.
แ
เ
That many, nay, almost the whole of the inhabitants in those counties,
alias the state of Termont, are disaffected to the government of New-
York, will not be disputed. This is a fact. But it is not a fact, that the
ancient, original and true bounds of New-York, included those lands.
The first intimation that ever saluted the ears of the public, asserting
this doctrine, was, from a proclamation of governor Tryon's, dated the
11th day of December, 1771, which begins thus : Whereas, it is the an-
cient and incontestible right of this colony, to extend to Connecticut
river, as its eastern boundary." This assertion hath been answered, at
large, in my Treatise on the Conduct of this Government, towards the
New-Hampshire Settlers; to which I refer the reader, and at present ob-
serve, that as the quoted assertions in these proclamations, are wholly
without foundation, they need only to be as positively denied as they are
asserted. The fact is, that the tract of land, which now comprehends
the state of Vermont, was, universally, known to be in the government
of New-Hampshire. Thus it was placed by all Geographers in their
maps, 'till the year 1764, when the now English King, for certain political
reasons, which I shall mention, extended the jurisdiction of New-York
over the premises, by his special royal authority. At the time of the al-
teration of this jurisdiction, jealousies had fir'd the minds of king and
parliament against the growth and rising power of America, and at this
time, they began to advance men and governments into power, with a
political design to crush the liberties of America. New York had ever
been their favorite government. They could almost vie with Great-
Britain in the art of vassalaging common people, and in erasing every
idea of liberty from the human mind. by making and keeping them poor
and servile. This, Great-Britain well knew, and therefore fleeced a
large territory from New-Hampshire, and added it to New-York, to de-
press the power of the one, and enlarge and extend the other.
well concerted plan: but the green mountain boys disconcerted it, by
throwing their weight into the scale of congress, which, thank GOD,
has fairly ponderated. Thus may be seen the design, as well as date,
of the original, ancient and true bounds of the state of New-York's
being extended over the state of Vermont; and for the same reason it
was thus extended by Great-Britain, it will undoubtedly be curtailed
by congress.
A
As to the acts of outlawry, mentioned in the proclamation, they died
a natural death, the first day of January, 1776, as may be seen from the
act itself, here quoted: And be it further enacted by the authority
aforesaid, that this act shall remain and continue in full force and effect,
"from the passing thereof, until the first day of January, which will be in
"the year of our Lord, one thousand seven hundred and seventy-six."
The subjects of the state of Vermont were under no apprehensions
from these old lifeless acts. Nor do I conceive, that the present legisla-
ture of the state of New-York have laid them under any obligation, in
granting them a pardon. It was a matter which formerly respected gov-
ernor Tryon, the old Legislature of New-York, and the green mountain
boys; and the party last mentioned, choose to settle that old quarrel
with Mr. Tryon; and resent it, that the legislature of the state of New-
Appendix I.
453
((
York have, so late in the day, undertook to give an "Unconditional dis-
charge and remission of all penalties and forfeitures incurred," under an
act which had been long dead; and which, when alive, served only to
discover to the world, the wickedness and depravity of that legislative
body which enacted them. In the lifetime of this act, I was called by
the Yorkers an outlaw, and afterwards, by the British, was called a
rebel; and I humbly conceive, that there was as much propriety in the
one name as the other: and I verily believe, that the king's commis-
sioners would now be as willing to pardon me for the sin of rebellion,
provided I would, afterwards, be subject to Britain, as the legislature
above mentioned, provided I would be subject to New-York; and, I
must confess, I had as leave be a subject of the one as the other; and,
it is well known, I have had great experience with them both.
แ
Next, I propose to consider that part of the proclamation, called over-
tures, which are contained in the three first articles. Article 1st.
Article 1st. "That
"all persons, actually possessing and improving lands, by title under
grants from New-Hampshire or Massachusetts-Bay, and not granted un-
der New-York, shall be confirmed in their respective possessions."
This first article cannot be considered of any material consequence,
inasmuch as, amongst almost the whole possessions referred to in the
article, there are but very few, if any, but what are covered with Neur-
York grants.
The second article is as follows: "That all persons possessing and
"improving lands, not granted by either of the three governments, shall
"be confirmed in their respective possessions, together with such addi-
tional quantity of vacant land, lying contiguous to each respective pos-
session, as may be necessary to form the same into a convenient farm,
so as the quantity of land to be confirmed to each respective posses-
sion, shall not exceed three hundred acres."
Neither of these two first articles, called Overtures, affect the contro-
versy, except in some very few instances; inasmuch as all, or in a man-
ner, all the possessions spoken of, were first granted by New-Hampshire,
except some few which were granted by Massachusetts-Bay; and then,
lastly, almost the whole of those possessions were re-granted by New-
York. This being the case, what has been hitherto proposed, does not
reach the essence of the controversy, as the New-Yorkers very well
know; besides, it is not in the power of the government to confirm any
of those possessions, which have been already granted, and therefore
become the property of the grantees, as will be more fully discussed in
its proper place. I proceed to the third article of the much boasted
Overtures,
.C
“That where lands have been heretofore granted by New-Hampshire
"and Massachusetts-Bay, or either of them, and actually possessed in
consequence thereof, and being so possessed, were afterwards granted
by New-York; such possession shall be confirmed, - the posterior grant
"under New-York, notwithstanding."
Though it is absolutely out of the power of the said legislative author-
ity, to confirm the possessions mentioned; yet, to discover their want of
generosity in their proposal, I shall, in the first place, consider what a
trifling proportion of those possessions could be confirmed upon their
own stating, inasmuch as the confirming clause in the article, only con-
firms the possessor, who being so possessed at the time that the New-
York grant was laid; and has no respect to any additional possession
carried on after the grant took place. The identical words are,
"And
being so possessed, were afterwards granted by New-York;" viz. After
such possession was actually made, and the possessor being so in posses-
sion, at the time the grant took place: such possession shall be confirm-
454
Appendix I.
ed; but any later possession cannot be included in the condition of “be-
ing so possessed;" for, a later possession was no possession at all, at the
time the condition of possession took place; and, consequently, every
possession which has been begun in the state of Vermont, since the lands
were granted by New-York, must be lost to the possessor, and fall into
the hands of the New-York grantees, with all other uncultivated lands
in the state and all our purchases of those lands from New-Hampshire
and Massachusetts-Bay, fall to the ground, together with our possessions,
which have been increased an hundred fold.
These Overtures have hitherto been considered only in a grammatical
and logical sense, allowing them their own construction. I now proceed
to consider them in a law sense. A legislative authority, within its own
jurisdiction, may confirm a possession on vacant land, by making a
grant of the same to the possessor: But, for the legislative authority of
the state of New-York, to pretend, as they do in their proclamation, to
vacate any grants made by their own authority, in favor of any posses-
sion, and to confirm such possessions, by nullifying_and defeating their
own grants, is the height of folly and stupidity: For, the lands being
once granted, the propertey passeth to the grantee; who is become the
sole proprietor of the same; and he is as independent of that legislative
authority, which granted it, as any person may be supposed to be, who
purchaseth a farm of land of me by deed of conveyance; and it is as
much out of the power of that Legislature to vacate a grant made by
them, or the same authority, in favor of any possessor, as it is out of my
power to vacate my deed of conveyance in favor of some second person.
It is contrary to common sense to suppose, that the property of the sub-
ject is at the arbitrary disposal of the legislature: If it was, they might
give a grant to-day, and vacate it to-morrow, and so on, ad infinitum.
This would destroy the very nature and existance of personal property,
as the whole would depend on the sovereign will and last act of the Leg-
islature: But the truth of the matter is, the first conveyance will, and
ought to hold good; and this defeats all subsequent conveyances.
From what has been said on this subject, it appears, that the overtures
in the proclamation set forth, are either romantic, or calculated to de-
ceive woods people, who, in general, may not be supposed to understand
law, or the power of a legislative authority.
I have further to evince my arguments on this subject, by the concur-
ring opinion of the Lords of the Board of Trade, on complaint made to
them from those very persons, possessing the land we are speaking of.
That clause of their report which is similar to what I have argued, is in
these words: "Such subsequent grants made by the government of New-
York, however unwarrantable, cannot be set aside by any authority from
his Majesty, in case the grantees shall insist on their title.'
Thus it appears, in a trial (of the same case we are treating of) before
the board of trade, that the king, under whose authority the govern-
ment of New-York had, in an oppressive manner, granted those very
lands, could not, by his royal authority, vacate or set aside the grants;
yet, the present legislative authority of the state of New-York, proclaim
to the world, and pledge the faith of government, that they will do it.
But enough has been said on the impossibility of it, as well as on the
ungenerousness of the proposal: And as to the quit-rents, the General
assembly of the state of Vermont will determine their expediency, and
probably release them all.
What has been observed, answers every part of the proclamation
worth notice, as the five last articles had an entire reference to the three
first; though it may be worth observing, that the time of compliance
with those overtures are run out; and it is my opinion, that but few of
Appendix I.
455
the subjects of the state of Vermont have closed with them. The main
inducement I had in answering them was, to draw a full and convincing
proof from the same, that the shortest, best, and most eligible, I had al-
most said, the only possible, way of vacating those New-York interfer-
ing grants, is, to maintain inviolable the supremacy of the legislative
authority of the independent state of Vermont. This, at one stroke,
overturns every New-York scheme, which may be calculated for our
ruin; makes us free men, confirms our property, “and puts it fairly in
our power to help ourselves" to the enjoyment of the great blessings of
a free, uncorrupted and virtuous civil government.
Bennington, August 9, 1778.
On the 31st day of October 1778, the Senate and Assembly of the state
of New-York, prevailed on his Excellency Governor CLINTON to issue
his last Proclamation and dying Speech, to the citizens of the rising
state of Vermont, which is here transcribed verbatim.
By his Excellency GEORGE CLINTON, Esq; Governor of the State
of New-York, General and Commander in Chief of all the Militia,
and Admiral of the Navy of the same,
A PROCLAMATION.
WHEREAS the Senate and Assembly of this State, did by con-
L. S.
current resolutions, passed the 21st day of February last, pro-
pose certain overtures with respect to the controverted lands, in the
north eastern parts of the county of Albany, and certain parts of the
counties of Cumberland, Charlotte and Gloucester, in order to quiet the
disorders prevailing in that part of the state.
AND WHEREAS the said resolutions have been misrepresented by
some, and misunderstood by others, and are deemed not to apply to the
cases of many persons entitled to relief; by reason whereof apprehen-
sions still remain on the minds of many of the inhabitants in that part
of the state, and they have not in consequence thereof, returned to their
allegiance to this state, within the time, for that purpose in said resolu-
tion, limited.
AND WHEREAS the Senate and Assembly, in order more effectually to
remove such apprehensions, and more fully to explain the said resolu-
tions, and manifest the equitable intensions of the legislature, have by
concurrent resolutions passed this present session,
RESOLVED, That with respect to all such lands, which have hereto-
fore been granted by the governments of New-Hampshire or Massachu-
setts-Bay, and have not been since granted by the government of New-
York; that all such grants, under New-Hampshire or Massachusetts-
Bay, shall be confirmed and declared good, valid and effectual, to all
intents and purposes, as if the same had been made by the government
of New-York; and shall not be deemed null or void, by reason of the
non-performance of any condition contained in the same.
AND WHEREAS it is impossible to establish any general principle for
the determination of all disputes, that may arise between persons claim-
ing under New-Hampshire or Massachusetts-Bay, on the one, and New-
York on the other part, but each case must be determined according to
its particular merits,
RESOLVED THEREFORE, That in all cases of disputes, arising between
persons claiming under New-Hampshire or Massachusetts-Bay on the one
and New-York on the other part, for the same lands, (besides confirming
such possessions as were made under New-Hampshire or Massachusetts-
Bay, prior to any grants for the same under New-York) the legislature
456
Appendix 1.
will submit the determination thereof, to such persons as the Congress
of the United States, shall select or appoint for that purpose, to be de-
termined according to equity and justice, without adhering to the strict
rules of law.
PROVIDED ALWAYS, That nothing in these overtures contained, shall
deprive any persons actually possessing lands under New-York, of the
lands so by them severally actually possessed; but such persons shall be
confirmed in their respective possessions.
RESOLVED, That nothing contained, either in the above mentioned or
these resolutions, shall be construed to affect any disputes that may
arise between any person independent of a claim under New-Hampshire
or Massachusetts-Bay, on the one, and New York on the other part.
RESOLVED, That all persons shall be entitled to the benefit of the
above-mentioned, and these resolutions, notwithstanding they may have
withheld their allegiance from, and been in opposition to the govern-
ment of this state since the first day of May last,
PROVIDED, That no person shall be entitled to such benefit, who shall
have committed treason against the state, by adhering to the king of
Great-Britain.
AND WHEREAS the said Senate and Assembly of this state, by their
concurrent resolution, passed also in this present session of the legisla-
ture, have requested me to issue my proclamation, containing the sub-
stance of their concurrent resolutions aforesaid; and have thereby also
authorized me in such proclamation, to pledge the faith of the legisla-
ture of this state, for the faithful performance of the several matters
contained in their said concurrent resolutions,
NOW THEREFORE, I do by these present, publish and proclaim the
concurrent resolutions of the Senate and Assembly aforesaid, above par-
ticularly recited, hereby pledging the faith of the legislature of this
state, for the faithful performance of the several matters therein con-
tained; and I do hereby require all persons concerned, to take notice
thereof, and govern themselves accordingly.
Given under my Hand and the Privy Seal of said State, at Poughkeepsie,
on the Thirty-First Day of October, in the Third Year of the Indepen-
dence of the said State, and in the Year of our Lord One Thousand
Seven Hundred and Seventy-Eight.
By His Excellency's Command,
STEPHEN LUSH, P. Sec'ry.
GEORGE CLINTON.
GOD SAVE THE PEOPLE.”
IT is apprehended that what has been already animadverted on the
first of these proclamations, amounts to a clear refutation of the essen-
tial parts of both; especially to those who are acquainted with the cir-
cumstances of the granting and settling those lands, but to the public in
general, who are not, the answer is not sufficiently explanatory: we have
therefore thought it expedient, to make some additional observations on
the first of them, with a full answer to the latter, Inasmuch as the lead-
ing gentlemen of the government of New-York, in both public and private
company, when discussing on the controversy, do not hesitate, in the
most positive manner, to affirm, and stake their honor, that their govern-
ment have really offered (those deluded people) the inhabitants of Ver-
mont, a full and authentic confirmation of their lands granted by New-
Hampshire and Massachusetts Bay; but that they are, nevertheless, “re-
fractory and licentiously disposed." The truth of this matter must be
learnt from such part of the aforesaid proclamations called overtures,
Appendix I.
457
which is all that ever have been pretended to be made from that govern-
ment to those inhabitants.
Governor Clinton's first proclamation begins with an air of penitence,
pointing out a number of grievances, which he admits those inhabitants
"have laboured under, which, in some measure, extenuate their offence,
"and which ought to be redressed." This then is the point at issue,
whether these overtures are calculated for that purpose, or are adequate
to it, or not: or whether they were not rather calculated to deceive and
insnare the people to whom they were made.
66
6.
"That the said contest was occasioned, partly by the issuing of divers
interfering patents or grants, by the respective governments of New-
York, on the one part, and those of Massachusetts-Bay and New-Hamp-
shire, on the other, antecedent to the late establishment of the eastern
boundary of this state."1
PREVIOUS to this establishment, which was in 1764, the government
of New-York had granted but two small parcels of land in the now ter-
ritory of Vermont, namely, the patent of Hoosick, in 1688, which is sup-
posed to extend into the township of Pownal, and include five or six
thousand acres of land in said town, which is situate in the southwest
corner of the state of Vermont and also the patent of Wallumscock, in
1739, is said to interfere with the townships of Shaftsbury and Benning-
ton, including about five thousand acres of land; these are all the New
York patents which interfered with the limits of Vermont, at the time of
the settlement of their eastern boundary.
"And partly by a number of grants made under the late government
of New-York, after the establishment of the said eastern boundary, which
had been granted by the governments of New-Hampshire and Massachu-
setts-Bay respectively, or one of them; in which the last mentioned
grants by the late government of New-York, the interest of the servants
of the crown, and of new adventurers, was, in many instances, contrary
to justice and policy, preferred to the equitable claims for confirmation
of those who had patented the lands under New-Hampshire or Massa-
chusetts-Bay."-[From Gov. Clinton's proclamation of Feb. 23, 1778.]
This confession comes very near the truth, tho' in the sentence,
was, in many instances, contrary to justice and policy:" it should have
been said, in every instance contrary to justice and policy. However, it
in a great measure comprehends the main object of injustice on which
the controversy arose, and consequently the main source of grievan-
ces may be deduced from it.
66
THE government of New-Hampshire, previous to the settlement of the
said boundary line, (and when those lands were universally supposed to be
in that government) had granted one hundred and thirty-six_townships
six miles square, in the territory of the now state of Vermont. Previous to
these grants under New-Hampshire, the government of the Massachu-
setts-Bay had granted sundry tracts of land in the territory aforesaid,
which in the settlement of the boundary line between them and New-
Hampshire in 1739, fell within the jurisdiction of the latter, and was by
them mostly confirmed to the original grantees under Massachusetts-Bay.
'This is a quotation from Gov. Clinton's proclamation of Feb. 23, 1778,
on which Allen proceeds to comment. He goes on in the same way
with quotations and replies, without stating that the quotations are from
the New York proclamations.
² Printed 1765 in the text, but corrected in the margin.
31
458
Appendix I.
No sooner had the government of New-York obtained jurisdiction of the
said territory, but they proceeded to re-grant the lands aforesaid to new
adventurers, in prejudice to the grantees and actual settlers under New-
Hampshire and Massachusetts-Bay: but remonstrances from them against
the oppressions of the government of New-York, as mentioned aforesaid,
procured the king's prohibition, which is as follows:
"At a Court at St. James's the 24th Day of July, 1767.
Present, the KING'S most Excellent Majesty,
Arch Bishop of Canterbury,
Lord Chancellor,
Duke of Queensbury,
Duke of Ancestor,
Lord Chamberlain,
Earl of Litchfield,
Earl of Bristol,
Earl of Shelburn,
Viscount Falmouth,
Viscount Barrington,
Viscount Clarke,
Bishop of London,
Mr. Secretary Conway,
Hans Stanley, Esq.
"His Majesty having taken the said report, viz. A report of the Lords
of the Board of Trade, into consideration, was pleased with the advice of
his privy council, to approve thereof, and doth hereby strictly charge, re-
quire and command, that the Governor or Commander-in-Chief of his
Majesty's Province of New-York, for the time being, do not, on pain of
his Majesty's highest displeasure, presume to make any grant whatso-
ever, of any part of the lands described in the said report, until his Maj-
esty's further pleasure should be known concerning the same.
William Sharp.
A true copy,
Attest GEO. BANYAR, Dep. Sec'y."
The government of New-York, in the face of this prohibition, presum-
ed still to regrant the said lands included in the aforesaid one hundred
and thirty-six townships till nearly the whole was circumscribed in the
limits of their subsequent patents, except an inconsiderable number of
townships near Connecticut-river, which, on condition of surrendering to
them the original charters under New-Hampshire, were at the exorbitant
fees of two thousand and three hundred Spanish milled dollars per each
township granted to the original grantees under New-Hampshire again,
with a reservation of a much higher quit-rent than what was reserved in
the original grants under New-Hampshire, and at a very great expence
obtained: And it is worthy of a remark, that the said interfering patents
from New-York were mostly made after the said prohibition was certified
to them.
"That an absolute and unconditional discharge and remission of all
prosecutions, penalties, and forfeitures, under the above-mentioned act,
shall be an established preliminary to such overtures."-[Quoted from
Gov. Clinton's proclamation of Feb. 23, 1778.]
As the laws alluded to in the said act were temporary, and the term for
their continuing in force expired more than two years; consequent-
ly they were as tho' they had not been, in every sense, except that they
intailed an eternal disgrace on the government of New-York for enact-
ing them; which infamy hath been renued by the aforesaid proposal of
a mock pardon; ushered in as an established preliminary to certain over-
tures, which the present government of New-York were making to the
citizens of Vermont. It seems they expected that this would be consid-
ered as an eminent display of their goodness, and pave the way for their
overtures which were equally empty and impertinent-the preliminary
Appendix I.
459
containing no pardon, and the overtures confirmed no lands; as the argu-
ments previously published, and in this defence again exhibitted, will
clearly evince, to which the reader is referred.
"THAT with respect to all such cases concerning the aforesaid contro-
verted lands, as cannot be decided by the rules exhibitted in the aforego-
ing articles, or some or one of them; the legislature of the state of New-
York will provide for the determination of the same, according to the
rules of justice and equity arising out of such cases respectively, without
adhering to the strict rules of law."-[Quoted from Gov. Clinton's procla-
mation of Feb. 23, 1778.]
FROM fifteen years acquaintance with the government of New-York,
Vermont is by no means willing to trust this important controversy to
their decision of justice and equity, as it has hitherto deviated from every
idea of those rules of moral rectitude which are practised by virtuous
governments; their notions of justice and equity seem to be unnatural
and unjust; at least, every sample of it which they have as yet exhibitted
to those inhabitants appears to be so; probably a habit of inslaving their
subjects has beat it into their heads, that it is just; and thus people com-
monly conceive it to be just to inslave negroes.
'Tis strange that the said legislature had not considered this difficulty
which the said inhabitants labor under before they made the offer; for
though the legislature may, for all that can be objected to their former
conduct, be really honestly disposed; yet such a belief could hardly ra-
tionally be supposed to gain credit among a people who have suffered
such flagrant and high handed oppressions from both the legislative and
executive authority; and where it is the interest and very genius of the
government, to inrich individuals on the tenantage, poverty and slavery
of the great mass of their subjects, a little serious reflection might have
determined them not to make such a proposal; and consequently, not
have put us to the blush in answering the same. It is hoped that this
freedom of writing will be excused, as we are obliged in this defence, to
give our reasons for rejecting these overtures.
ACCORDING to the proposal of the aforesaid legislature, every inhab-
itant in the contested territory would be liable to a trial at law for his
land, in some way which the legislature shall provide, for the determin-
ation of his title. Those inhabitants have spent too much money already
in land trials at the New-York courts, but could never have the charters
under which they held their land, so much as read in court.
BUT it may be argued, that agreeable to the articles of Confederation
of the United States, that persons holding under grants from different
governments, may have a right of petitioning for a decision, agreeable to
the method therein prescribed. But this would give birth to new trou-
bles. The farmers of Vermont are unskilled in law, and by no means a
match for the over-grown wealthy New-York patentees; but insufficient
as they may be supposed for the task, they have, upon this plan, to go
thro' a course of law in the state of New-York; and then, for certain,
have to petition agreeable to the mode of trial pointed out by the articles
of Confederation; and it will be readily conceived, that not many of them
are able to defray such an expence, or capable of managing such an im-
portant lawsuit. Besides, the articles of Confederation are not yet sub-
scribed to by the several United States; and it is uncertain whether they
ever will; especially as they now stand. And consequently the grantees
holding under different grants have, as yet, no right to a decision by pe-
titioning in the manner before-mentioned.
WE come now to the consideration of governor Clinton's last procla-
mation of the 31st of October, 1778.
460
Appendix 1.
"WHEREAS the Senate and Assembly of this state, did by coneurrent
resolutions, passed the 21st day of February last, propose certain over-
tures with respect to the controverted lands, in the north eastern parts
of the county of Albany, and certain parts of the counties of Cumberland,
Charlotte and Gloucester, in order to quiet the disorders prevailing in that
part of the state.
'AND whereas the said resolutions have been misrepresented by some,
and misunderstood by others, and are deemed not to apply to the cases
of many persons entitled to relief," &c.
"AND whereas the Senate and Assembly, in order more effectually to
remove such apprehensions, and more fully to explain the said resolu-
tions, and manifest the equitable intensions of the legislature, have by
concurrent resolutions passed this present session."
THE public would naturally by this specious introduction to the re-
solve hereafter to be mentioned, imagine that the aforesaid equitable in-
tention of the legislature, would shine in robes of justice and generos-
ity; and explain the first proclamation alluded to, in some spiritual sense,
very different from its literal meaning: but instead of that, we find the
subsequent patents under the government [of] New-York virtually con-
firmed, and the grantees and actual settlers under New-Hampshire and
Massachusetts-Bay, exposed to the same or similar intrigues which they
ever have been by that government since they laid their interfering
patents on those lands, as will appear from the resolve itself. "Resolved,
That with respect to all such lands which have heretofore been granted
by the governments of New-Hampshire or Massachusetts-Bay, and have
not been since granted by the government of New-York; that all such
grants under New-Hampshire or Massachusetts-Bay, shall be confirmed
and declared good, valid and effectual, to all intents and purposes, as if
the same had been made by the government of New-York."
THIS resolve which the said legislature are pleased to call an over-
ture to the inhabitants of Vermont, is a palpable insult and affront to the
commor reason of mankind; inasmuch as not only the same legislature
as well as every of those inhabitants of common sense, very well
know that all the lands of any considerable consequence which have
been granted by the governments of New-Hampshire and Massachusetts-
Bay, have been long since actually granted by the government of New-
York, as has been before particularly represented; so that this last pro-
duction from the senate and assembly of the state of New-York, as ex-
hibitted in the said proclamation, is big with mischief and manifest de-
sign against the claimants and actual settlers under New-Lampshire and
Massachusetts-Bay.
THE senate and assembly of the state of New-York, have in the same
proclamation proposed a very extraordinary arbitration between them
the said legislature, and the inhabitants of Vermont, and submit it to
congress to appoint the arbitrators. Their proposal is as follows.
แ
"Resolved, therefore, That in all cases of dispute arising between per-
sons claiming under New-Hampshire and Massachusetts-Bay on the one,
and New-York on the other part, for the same lands (besides confirming
such possessions as were made under New-Hampshire or Massachusetts-
Bay, prior to any grants for the same under New-York,) the legislature
will submit the determination thereof to such persons as the Congress of
the United States shall elect for that purpose.
THIS proposal is really whimsical, or calculated to rid themselves of
the fulfilment of confirming certain possessions in the disputed territory,
for the faithful performance whereof they pledged the faith of govern-
ment, as may be seen in governor Clinton's first proclamation; and the
Appendix I.
461
absurdity and utter impracticability of such a confirmation being pointed
out in the answer to the same of the 9th of August last. It seems that
the said legislature have indeavored to rid themselves of this difficulty by
laying it on congress: but it should be considered that neither the said
legislature or congress, are parties concerned in the case; the dispute,
as it respects the interfering grants, lies between the grantees of the
three governments respectively: they, and only they, have a right of
trial at common law, or to refer it to arbitration, provided they agree;
but it is no part of the business of the said legislature or of congress, or
both together, to bring forward such an arbitration as the said resolve
proposeth: as on supposition, (for congress are too wise to do it) should
congress adopt the said proposal, and elect certain men to determine a
dispute between the legislature of the state of New-York and the inhab-
itants of Vermont, and suppose furthermore, that such decision should
be in favor of the inhabitants; yet this would be no bar against a process
at law against those inhabitants by the New-York patentees, who would,
after a hundred such chimerical arbitrations, have the same right of
trial at common law, as they now have; for the legislature of the state
of New-York cannot be supposed to be a party in these cases or to have
any right to an arbitration, any more than the legislature of the state of
South-Carolina, or any indifferent person whatsoever, nor is it possible
for the legislature of the state of New-York or Congress, to settle those
disputes any other ways but upon the principles of common law, so that
the proposal of the said legislature appears to be weak and impertinent.
THESE Overtures bear a near resemblance to those of the British parlia-
ment to the united states; in which cases it is not to be supposed, that
there was any sincerity. No favor is either asked or expected by the in-
habitants of Vermont from the legislature of the state of New-York; they
do not blame them for not confirming their grants under New-Hamp-
shire and Massachusetts-Bay, for they know that inasmuch as the same
lands have been since granted by the late government of New-York, it
is out of their power to confirm their possessions; but they blame them
for pretending to do it when they know they cannot do it: and also that
they do not design to do it, as appears from the curious reserve of con-
firming "all such lands which have heretofore been granted by the gov-
ernments of New-Hampshire or Massachusetts-Bay,” next follows the
bite, "and have not been since granted by the government of New-
York."
FROM the foregoing animadversions on these proclamations it manifestly
appears, that the new government of the state of New-York, are pursu-
ing the measures adopted by the old; which is the plan that they are de-
termined to、affect [effect] or nothing at all. From first to last they have
put all at stake upon it; and it is no ways probable that they so much as
desire to comprehend Vermont in their jurisdiction abstractly considered
from it, for the hatred subsisting between them and those inhabitants,
is similar to the British and American aversion.
NOTHING can be more repugnant to the polity and genius of that gov-
ernment, than to extend their jurisdiction as aforesaid, on any other
terms, but to engross the lands, and vassalage its inhabitants. To ilus-
trate this proposition we will suppose this territory to be included in the
jurisdiction of New-York; and likewise, that it was populated, and the
inhabitants held their property in that equal manner which they do at
present; or as is common in the New England states, which will be the
case, provided the right of soil be held under the New-Hampshire
grants; this would make a discord in the government, and be a standing
reproach to the inslaved part of the state; from whence animocities and
462
Appendix I.
strife would constantly arise, as one party would be for slavery, while the
other would be for liberty, which would imbroil the government, and
end in a civil war; for their genius, polity, temper, spirit and manners,
would be as diametrically opposed to each other as they now are, or as
liberty is to slavery. A people so opposite to each other in civil, politi-
cal, and we may add, religious sentiments, can never subsist long under
the same government, for the demonstration whereof we appeal to the
current history of mankind.
AND this the government of New-York has been very sensible of;
and therefore have from first to last exerted themselves to divide the dis-
puted territory into large patents among themselves and favorites, so as
not to endanger their slavish mode of government, and avoid the diffi-
culties before-mentioned, by indeavoring to reduce those brave inhabi-
tants to submit to be their tenants; which, if they could once effect,
their spirit would dwindle away and expire with liberty: but is it not al-
together probable, that those inhabitants who have suffered so much
from Yorkish and British tyranny, will yet take the field against the gov-
ernment of New-York (if need be) and at the muzzle of their firelocks
convince them of the independency of the state of Vermont; and that
their said patents are no more than an intrusion on the rights of the
green Mountain boys.
THIS the government of New-York are also apprised of, and are there-
fore indefatigable in their applications to congress to procure a resolu-
tion prohibiting the government of Vermont from any further proceed-
ings as such, and to decree, that the free citizens thereof, shall submit to
the government of New-York: imagining that in consequence of some
such like resolve, that they may procure a sufficient force from the united
states to carry into execution the reduction of Vermont; an enterprise
which their own militia seem not inclined to undertake. Such sanguine
expectations as these from a government which have been very sparing
in promoting the independency of the united states; and which have
been wire-drawn into congress county by county; and which have af-
forded such great numbers of disaffected inhabitants to the common
cause, whose malignant influence hath probably done as much mischief
and damage to the public weal, as the brave and virtuous exertions of
their well affected inhabitants could do to forward and promote it. Noth-
ing could be more romantic than for such a government to expect that
the power of the united states should be exerted against their meritorious
friends the citizens of Vermont, to effect that which they had attempted
with their militia, and were not able to accomplish on a trial of many
years, while under the king of Great-Britain; and which at this time.
those citizens apprehended to be out of their power.
AT present the people of Vermont have no apprehensions that their
brethren in the united states will so evilly requite them for their many
important services to the common cause, as to assist the government of
New-York to subjugate them to their despotism.
THE government of New-York never had a just right of jurisdiction
over the territory of Vermont. It was obtained by their solicitation ex
parte, and without either the knowledge or approbation of the inhabi-
tants, who as soon as opportunity permitted, remonstrated against it be-
fore the king and council; and furthermore complained of the oppres-
sions of that government in appropriating their lands and possessions
for the emolument of their favorite adventurers.
HAD the government of New York sanctified the base and illegal
manner of acquiring a pretended legal claim of jurisdiction, by a virtu-
ous and benevolent administration; and in stead of monopolizing the soil
had confirmed the prior grants, under the governments of New-Hamp-
Appendix I.
463
shire and Massachusetts-Bay, clear of fees and expence the inhabitants
would probably, by degrees, have excused them, and reluctantly sub-
mitted to their government; but inasmuch as the reverse of this has
taken place, and a premeditated design of usurpation hath uniformly
manifested itself in acquiring the claim of jurisdiction, and exercising
the same; it ought therefore in justice to be considered as null and void
from the beginning, on account of the illegal measures, false represen-
tations, and undue influence, under which it was obtained and exercised.
Furthermore tho' the government of New-York had ever so good and
legal a claim to the jurisdiction, the mercinary, oppressive, and inhu-
mane use which they have made of it considered abstractly, should in
justice. and agreeable to the rules of sound policy, be a final bar against
any further exercise thereof.
THE inhabitants on the west side of the range of green mountains,
never pretended to associate or connect with the government of New-
York in any sense whatsoever, but have managed their internal and ex-
ternal police wholly independent of them, as has been before related:
though that government have made use of every artifice and low cunning
to intice and persuade them to it; viz. by proposing a confirmation of
lands to certain persons which they thought to be fit instruments to en-
slave the rest: commissions civil and military were likewise proposed to
some with like views, but the main body of the people were virtuous;
and not only so, they had not the offer of either a confirmation of their
lands or a commission to every of them, and it is most probable, that
these offers which were actually made were fallacious; and that if the
said government had been confirmed, the proposed favorites would have
shared much the same fate as is probable the tories would have done in
consequence of the subjugation of the country at large by the govern-
ment of Britain. However there were a number of depraved and mean
spirited rascals which bit at the bait, and would probably have assisted
that designing government of land clenchers to divide the people, and
finally inslaved them, had not the integrity and heroism of the green
mountain boys prevented it, making it dangerous for any to except [ac-
cept] such commission, or secure his farm on the ruin of his neighbors.
Nevertheless the same sort of intrigues more or less took place on the
east side of the said range of mountains: the counties of Cumberland
and Gloucester were erected, and for a time partly established under the
jurisdiction of New-York, and in violation of the then king's authority,
but injustice and oppression reigned to such an intolerable degree, that
strife and opposition to the government was the consequence which
finally terminated in the Westminster massacre on the 4th [13th] day of
March 1774, [1775,] which put a final period to the grand usurpation of
the government of New York on the east side of the range of green
mountains, and the main body of the people from that time until now
have reprobated the government of New York, and have not suffered a
court to be convened and held in either of those counties, under the ju-
risdiction of New-York ever since, though that government have to this
day been carrying on some of their former cunning at Brattleborough,
and a few other towns situate in the southeast corner of the state.
AT the time the government of New-York coufederated with the
other states, the inhabitants of Vermont had formed their constitution,
elected their chief, and other magistrates, and were in full possession of
government; and as they were free and unconnected with any state or
body politic, had a just right so to do. This right they received from
nature, nor were they beholden to the government of New-York or any
other power short of the omnipotent. New-Hampshire had forsaken and
wholly neglected them, and New-York tyrannized over them as much as
464
Appendix I.
they possibly could, (or dare,) and they were a people between the heav-
ens and the earth, as free as is possible to conceive any people to be; and
in this condition they formed government upon the true principles of lib-
erty and natural right; nor can the government of New-York acquire any
right of jurisdiction over them in consequence of confederating with the
other free states of America; inasmuch as the state of Vermont was at
that time not only independent of the state of New-York, but of any
and every of the united states.
THE royal adjudication of the boundary line afore-mentioned, was
temporary in its nature, and arbitrary in its extention, and convey-
ed nothing of the nature of a charter, grant, or permanent jurisdiction to
the government of New-York, but received its life and spirit by a mistical
communication which it may be supposed to have every moment from
the sovereign will of the royal adjudicator; from that source only this
line drew all its support, as the branch does from the vine from whence
it springs; and the declaration of independence cutting the vital union,
occasioned this line like a lamp to go out which is exhausted of oil, and
leave no traces of its existence; from which moment the imaginary
claim of the New Yorkish jurisdiction over the territory of Vermont ex-
pired, and the inhabitants thereof reverted to a state of nature. Thus
it appears that the government of New-York 1stly forfeited their claim of
jurisdiction by the illegal measures made use of in accquiring it. And
2dly, by the illegal and oppressive exercise of it. And 3dly and lastly,
they have lost it by the annihilation of the English king's authority in
consequence of the late revolution, by which means the said adjudicated
oppressive jurisdictional line became null and void to all parties, and is
as though it had not been..
FURTHERMORE, this frontier country was under the greatest necessity
of forming government; the inhabitants were obliged to exercise not only
an internal policy among themselves, but an external policy against for-
eign invasions; this they dare not trust to the management of the gov-
ernment of New-York; who, we have but very little reason to doubt,
would rejoice to have had the inhabitants cut off, that their lands might
fall into their hands; an object which they have been unsuccessfully pur-
suing for many years.
THE government of the infant state was, as it were, in embryo, when
the haughty general Burgoyne was penetrating the country; his spacious
proclamation filled the air with a tyrant's awe, intimidated the weak, the
servile and base, but inraged the strong, the generous and the brave.
Mean while the council of the new state was very indefatigable in form-
ing designs against him; not only by forming their own militia into reg-
ular battalions under brave officers in order to oppose him, but by exciting
the government of New-Hampshire to assist them: while these matters
were transacting, general Schuyler ordered the militia of this state to
march to Saratoga, but government would not permit it, inasmuch as
they apprehended that Bennington and its vicinity was an object of de-
struction by the enemy. However the brave general STARK with his
detachment arrived at a lucky moment, and being chearfully joined by
the green mountain boys, fell on the enemy with relentless fury, which ter-
minated in the two memorable and glorious battles of Bennington, and
was the first check to the progress of a formidable enemy; which proved
the salvation of the new state, and had its salutary influence on the de-
pending cause of the independent states of America at large, and is a
striking proof of the good policy of assuming government.
ANY one who is acquainted with mankind, and things, must know that
it would be impracticable to manage the political matters of this country
without the assistance of civil government. A large body of people des-
Appendix I.
465
titute of it, is like a ship in the sea without a helm or mariner, tossed with
impetuous waves. They could not enjoy domestic peace and security,
considered abstractly, from a British war and Yorkish usurpation, with-
out civil regulations; the two last considerations do in the most urgent
manner excite them to strengthen and confirm the government set up
by the consent, approbation and authority of the people, which is the
fountain of all temporal power, and from which the citizens of Vermont
have already experienced such signal advantages. This puts them on an
equal footing with their New-York adversaries, and will finally enable
them to baffle all their machinations and devices which nothing else can
possibly do.
USURPATION and injustice was the primary cause of the separation
and revolt of the English American colonies from Great-Britain; and this
was also their grand reason and justification for so doing, and conse-
quently the ground of their right to independency. These reasons are
abundantly conclusive and satisfactory, as exhibitted by congress at large;
and there appears to be a great degree of similarity in this controversy
with the British government with that of Vermont against the govern-
ment of New-York, except in this respect, that the territory of Vermont
was never under the jurisdiction of New-York; although by fraud, injus-
tice, and the conniving of the British court, they procured a royal order,
purporting such a claim; which, in reality, originated from a complication
of interested and tyrannical views, between them and the British court;
the latter promoted and extended the power and influence of the former
in America, to promote and aid in the subjugation of it; (for at that time
the projection was forming) and it is well known that New-York was
their favorite government; and it hardly admits a dispute but that the
intrinsic cause of the royal extension of the jurisdiction was to corrobo-
rate the designs which have since been attempted against America; this
and the Quebec bill was of a piece, and the motive of their extention the
same, to more effectually bribe them governments to their interest, as
subsequent and reciprocal transactions may more fully evince.
BUT to proceed with the parallel. The British government claimed an
exclusive right of taxing the colonies in all cases whatsoever; such a pre-
rogative would unavoidably have terminated finally in abject slavery, as
has been fully illustrated by many ingenious writers, and verified by the
universal experience of mankind; but the government of New-York took
a more direct and immediate method, for at one blow they struck at the
landed property of every of the inhabitants of Vermont, by stretching
their subsequent interfering patents over them; this was more like a
combination of land thieves, than a government, who coveting the lands
and labors of the inhabitants, which, but a little before by iniquitous con-
certed measures at the British court (instead of slaves) they proved to
be denominated their subjects. The mutilating the charter of the Mas-
sachusetts-Bay by the British parliament, was a high handed stride of ar-
bitrary power, and struck the very nerves of liberty, but not so fatal as
though they had appropriated the soil of the colony to new adventurers,
as in the instance of the interfering patents before-mentioned; for noth-
ing which can be done to any people is capable of so effectually inslaving
them, as the monopoly of their lands; when this is the case with a peo-
ple it is idle for thein to dispute any more about liberty; for a sovereign
nod of their landlord, cannot fail to overawe them, and by degrees erase
the natural images of liberty from the mind, and make them grovel out
a contemptable and miserable life.
THE detestable acts of outlawry passed the 9th day of March 1774, by
the legislative authority of the colony of New-York, particularly against
the inhabitants of Vermont, was, in substance, a positive declaration of
466
Appendix I.
war against them: by these acts they declared those inhabitants out of
their protection; and abdicated the government, provided they may be
supposed at that time to be possessed of any right thereto. The fact is.
they appealed to arms; in this case they must effect the conquest of
Vermont, or give up their pretensions to the government thereof. The
inhabitants of Vermont, on the 26th day of April following, published a
declaration of a defensive war against the government of New-York, as
aforesaid, and warlike preparations were making on both sides; but the
British invasion has procrastinated the determination of the matter till
this time; and when this great and astonishing revolution shall be fully
settled, ratified, and confirmed, it will be early enough for New-York and
Vermont to proceed to the settlement of their controversy.
BUT to continue the parallel. Those acts of outlawry, according to
the express tenor thereof, impowered their courts of judicature, to award
sentence of death against any of those inhabitants as should be capitally
indicted, although they were not personally before such court; and in
like manner any other sentence of punishment short of death, against
any of the said inhabitants which should be criminally indicted without
any hearing, mearly on indictment itself; and also gave a full indemnifi-
cation to any and every of their subjects, for killing, maiming or wound-
ing those inhabitants which opposed such execution of law; in fine, the
real designs of these laws were to obtain possession of the farms of those
inhabitants, or to make those who had the magnanimity to oppose them
outlaws, and kill them where ever they could be found, that they might
possess and enjoy the country; for such as they could not kill on the
spot they only had to indict capitally, and procure a sentence of death
against them, from their court of judicature, (which was easily done,)
and then every of their subjects or ruffians, became legal executioners;
and from motives of public or private rewards, were at liberty, nay un-
der obligations to kill and exterpate them from the lands coveted, in any
manner and by any stratagem which might best serve such inhumane
purposes; for all which savage cruelties, the parpetrators had govern-
mental indemnification; and thus the inhabitants (which they would fain
have to be their subjects,) were obliged either to give up their inheri-
tance, or, in the Yorkish sense of the word become outlaws, fellons,
rioters, etc., and be subjected to the dangers and hazards of the shocking
evils before mentioned, which nothing but the daring spirit and uncon-
querable fortitude of the green mountain boys prevented taking place.
MUCH more might be said as to the injustice, tyranny, oppression,
and malevolence of these laws, but it is needless to animadvert any fur-
ther on them, inasmuch as they carry their own refutation along with
them; they are therefore subjoined verbatim to this vindication; with
the original answer to the same, published soon after they made their
public appearance, and submitted to the public consideration; with this
observation, that among the arbitrary edicts of the British government
towards the colonies, none were equally oppressive to this, except their
declaration of war. Their act for transporting the subjects of the colo-
nies across the sea for trial for crimes committed, or said to be commit-
ted, in this country, was a daring stroke against the liberties of a free
people; for though they were permitted a personal hearing, yet it was
attended with great embarrassments, and insurmountable evils and dis-
advantages, to be forced to a trial in a strange country, destitute of ac-
quaintance, friends, or evidence, to make a defence; and probably
without money or credit: this would be a shocking condition to be re-
duced to, especially by law, the original design of which, was to pro-
tect and promote the liberty and happiness of mankind. This bears a
near resemblance to those acts of outlawry, tho' it is hardly so replete
Appendix I.
467
with malicious turpitude; and therefore a more certain destruction
would have been the fate of the inhabitants of Vermont, had those laws
taken place; who, on a land jobber's indictment, and land jobbing court's
judgment, without hearing, [were] to suffer death, or other punish-
ment, by virtue of the laws of an infamous land jobbing legislature.
THE local distance of Vermont from the seat of government in the
state of New-York is near four hundred and fifty miles from its extream
parts, which would make government chargable and inconvenient; and
abstracted from all other considerations, would constitute a sufficient
reason for the independence of Vermont; nevertheless, provided those
inhabitants were obliged to submit to the government of New-York,
they would wish to have the distance ten times greater.
THE people of Vermont consider themselves as being virtually in
union with the united states from the time that they took possession of
lake Champlain, and the garrisons depending thereon, in behalf of the
united states, in May 1775; from which early period of the revolution,
they have taken an active part with them, and have pursued invariable,
the same object, viz. liberty; have participated in all their troubles; and
with them have hazarded all that is worth living or dying for: such a
combination of interests, and mutual co-operation, in securing and de-
fending the same, constitutes the very nature and essence of union and
confederation, nor can there be more than a meer formal declaration
requisite to fully establish a confederation between them.
AND lastly. A confederation of the state of Vermont with the other
free and independent states, cannot fail of being attended with salutary
consequences to the confederacy at large for ages yet to come. What a
nursery of hardy soldiers may in future be nourished and supported in
this fertile country, (which is one hundred and fifty miles in length, and
near sixty in breadth,) stimulated with the spirit of liberty, having a
perfect detestation and abhorrence of arbitrary power, from the exer-
tion of which they have suffered so much evil; will instill the principles
of liberty and social virtue in their children, which will be perpetuated
to future generations; their climate and interior remove from the sea
coast, will naturally be productive of a laborious life, by which means
they will be in great measure exempted from luxury and effeminacy, and
be a valuable support to the rising empire of the new world.
THE following Votes and Proceedings of the Legislature of the Col-
ony of New-York are subjoined to this Vindication; and also the Votes
and Proceedings of the General Committee for the Inhabitants of the
New-Hampshire Grants in Answer thereto: And likewise, the Acts
passed by the Legislative Body aforesaid, the 9th of March Ultimo, and
Remarks on the same, which here follow in their order, as they were
published in sundry public News-Papers in America.
From the New Hampshire Gazette, No. 914.
‘At a general meeting of the committee for the several townships on the
west side of the range of green mountains granted under the great seal of
the province of New-Hampshire, held at the house of Mr. Eliakim Weľ-
lers, in Manchester, on the 1st day of March, A. D. 1775 [1774:] and after-
wards, by adjournment, at the house of Capt. Jehiel Hawley, in Arlington,
on the third Wednesday of the same month; at which several times, and
places, the New-York Mercury No. 1163, was produced; which contains an
extract from the votes and proceedings of the General Assembly of the col-
ony of New-York, which is as follows, viz.
468
Appendix I.
“DIE SABATI, 10 Ho. A. D. 5th February, 1774.
"MR. [Crean] Brush, (in behalf of Mr. Clinton, chairman) from the
grand Committee reported, that he was directed by the said Committee,
to make the following report to the house, viz. That the said Commit-
tee, having taken into consideration the petition of Benjamin Hough* in
behalf of himself, and many of his Majesty's subjects, inhabiting the
county of Charlotte, and the north-eastern district of the county of Al-
bany; complaining of many acts of outrage, cruelty, and oppression,
committed against their persons and properties, by the Bennington MOB,
and the dangers and injuries to which they are daily exposed, and im-
ploring that this house will take them under their protection, and secure
them against future violence; and the said committee, having also duly
considered the several proofs and depositions presented in support of the
truth of the said petition, do therefore resolve,
"1, THAT it appears to this committee, that there, at present, pre-
vails in part of the county of Charlotte, and in the north-eastern district
of the county of Albany, a dangerous and destructive spirit of riot and
licentiousness, subversive of all order and good government; and that
it is become an intolerable grievance, which requires immediate re-
dress.
"2. RESOLVED, That it appears to this committee, that many acts of
outrage, cruelty, and oppression have been there perpetrated by a num-
ber of lawless persons calling themselves the Bennington MOB, who have
seized, insulte 1, and terrified several magistrates and other civil officers,
so that they dare not exercise their respective functions; riscued prison-
ers for debt, assumed to themselves military commands, and judicial pow-
er; burned and demolished the houses and property, and beat and abused
the persons of many of his majesty's subjects; expelled them from their
possessions, and put a period to the administration of justice, and spread
terror and destruction through that part of the country which is exposed
to their oppression.
"3. RESOLVED, That it is the opinion of this committee, that the
complainants before this house, and others, who inhabit part of that
colony, and from respect to government, will not countenance or be con-
cerned in the said riotous proceedings, are exposed, from the violence of
the rioters, to eminent danger, both in persons and properties; and
that they stand in need of immediate protection and succour.
4. RESOLVED, That it appears to this committee, that Ethan Allen,
Seth Warner, Remember Baker, Robert Cochran, Peleg Sunderland, Sil-
vanus Brown, James Breakenridge, and John Smith, are principal ring-
leaders of, and actors in, the riots and disturbances aforesaid; and that
it is, therefore, the opinion of this committee, that an bumble address
be presented to his excellency, desiring that he would be pleased to is-
sue a proclamation, offering a reward of fifty pounds for apprehending
and securing any or either of the persons above named, in his majesty's
goal in Albany; and commanding the magistrates, and other civil offi-
cers of the counties of Albany and Charlotte, to be active and vigilent
in suppressing the said riots, and preserving the public peace and good
order, as well as for bringing to justice the perpetrators and authors of
said riots.
* Note by Mr. Slade:-It appears from Allen's history, that Benjamin Hough had accepted, and
officiated in, the office of justice of the peace, under the authority of New York. Being arrested
and brought before the Committee of Safety at Sunderland, he pleaded the jurisdiction and au-
thority of New York, but was answered by the decree of the Convention, which forbid all persons
holding any office, civil or military, under the colony of New York.
In the presence of a large co course of people, the following judgment was pronounced. "That
the prisoner be taken from the bar of this Committee of Safely and tied to a tree, and there, on his
naked ba k, to receive two hundred stripes; his back being dressed, he should depart out of the district,
and on return, to suffer death, unless by special leave of Convention,
11
Appendix I.
469
"5. RESOLVED, That it is the opinion of this committee, that a bill
be brought in, more effectually to suppress the said riotous and disorderly
proceedings, maintain the free course of justice, and for bringing the
offenders to condign punishment.
"Which report he read in his place, and afterwards delivered it in at
the table, where the said resolutions were severally read a second time,
and it was resolved that this house doth agree with the committee in
their said resolutions.
66
ORDERED, That a bill be brought in, pursuant to the last resolution,
and that Mr. Brush, and Col. Ten Broeck, prepare and bring in the
same.
66
Ordered, that Capt. Delancy, and Mr. Walton, wait on his excel-
lency the governor with the foregoing address and resolutions of the
house."
MR. Nathan Clark, chairman of the committee of the New-Hampshire
settlers aforesaid, ordered the clerk to read the resolves and votes afore-
said, to the general committee, which was accordingly read, sundry
times, and the following draught being presented in answer thereto, to
the publick meeting; seven persons were selected and chosen out of the
said general committee to examine the same, and report their opinion
thereon, which here follows.
"WHEN We consider the numberless troubles, and almost insurmounta-
ble difficulties which our infant settlements have been forced to struggle
with, since its first beginning, which have been occasioned by an une-
qual and biassed administration of law, ever since our unhappy misfor-
tune of being annexed to a government in which the interests of the
greater part of the leading gentlemen thereof, are in direct opposition to
our's. The tyrannical measures they take to enslave us, (we hope) will
not fail to justify us in the following arguments and resolves thereon;
for we think it an intolerable hardship, and piece of inhuman cruelty,
that we cannot be said to give sufficient proof of our loyalty and obedi-
ence to government, but at the resignation of our whole fortunes, in the
purchase and improvement of which, we have suffered an infinity of
hardship. While we view the spirit of the general assembly in their
resolves, we cannot but reflect with some regret, on what may, of conse-
quence, prove the result (without an alteration) of their present opinion;
but there are scarce any circumstances that entirely exclude hope, there-
fore we are not yet in total despair; for this moment we happily call to
mind, that the general assembly of the same province, about two years
ago, did annex all that part of the Bay province, west of Connecticut-
river, to that UNLIMITED county of Albany; but their avaricious
grappling not being of a sufficient strength for such an unreasonable
burthen, it failed, by which they lost their ideal booty.
"THE reader will doubtless observe, that in the resolves of the assembly
aforesaid, there is not a single word mentioned in regard to the title of
the land contested for, but that they level all their spleen, and point all
their malice at notorious rioters, as they call them, and make a pretended
shew and figure, as though they were great sticklers for good order and
government; although, at the same time, every person of common sense,
who has had any acquaintance and knowledge of the controversy, abso-
lutely knows, that our goodly land, with the labour thereon, is the only
subject matter, and grand object, of the whole controversy; and give the
New-Yorkers but that, and the matter would be accomplished to their
eternal satisfaction; and it is presumed the words riotous, disorderly,
licentious, &c. would not be printed again on account of the New-Hamp-
shire grantees and present occupants, for the whole course of the suc-
ceeding century.
470
Appendix I.
"FOR, the truth of the case is, the executors of the law are most, (if not
all,) of them the pretended claimants to the lands whereon the New-
Hampshire grantees and occupants dwell; and their judgment on writs of
ejectment, brought by the New-York patentees, have not hitherto failed
to correspond with their imaginary interests; but were they honest men,
they would not undertake to be judges in their own case, or in any other
wherein the resolution thereof would make a president [precedent] for
their own, especially in title of land, wherein judge and plaintiff are con-
nected in one common interest: such a distribution of law is contrary to
the law of reason and nations.
“THEREFORE, our case stands thus; if we submit to their executions of
law, and become obedient and submissive subjects of their designing
government, we must soon yield to be their tenants and slaves; and we
cannot see reason to conform to any law which will apparently bring us
and our posterity into bondage, or manifestly deprive us of our property;
but inasmuch as we boldly adhere to the maintenance of our property,
which to us is very precious, as it would be to the New-Yorkers, was
in their hands. We find it is immediately recommended to the gover-
nor of the province, by the general assembly, to issue his proclamation,
offering therein large sums of money to apprehend those notorious rio-
ters, (as they are pleased to stile them.) It must, indeed, be shocking to
common sense, when the reader comes to observe what notorious com-
plaints, and most horrid accusations are set forth in the resolves of the
general assembly of New-York, mentioned in the fore part of this paper,
against thousands of hard labouring, industrious, honest peasants, who
are, in truth. loyal subjects of the crown of Great-Britain, for their vio-
lations of law and government; when, at the same time, the following
express orders from his most sacred majesty to that litigious govern-
ment of New-York, will plainly show, that they do not make the least
hesitation to rebel and act in direct opposition to the authority of the
crown; when (as in the present case) they shew a disposition to take ad-
vantage of the minor part of those under their government, and throw
them into contention and disorder, and thereby build their fortunes on
the ruin of the pretended aggressors, (and all under the specious pre-
tence of good order and government) which is, in fact, what they event-
ually aim at, as will appear by the following order.
"At a Court at St. James's, the 24th day of July, 1767.
PRESENT,
The KING'S Most Excellent Majesty,
Archbishop of Canterbury,
Lord Chancellor,
Duke of Queensbury,
Duke of Ancester,
Lord Chamberlain,
Earl of Litenfield,
Earl of Bristol,
Earl of Shelburne,
Viscount Falmouth,
Viscount Barrington,
Viscount Clarke,
Bishop of London,
Mr. Secretary Conway,
Hans Stanley, Esq.;"
THE petition, and report thereon, by the lords of trade and plantation
affairs, is too prolix to be inserted in this paper; the royal order is there-
fore only transcribed, which is as follows.
"His majesty, taking the said report into consideration, was pleased,
with the advice of his privy council, to approve thereof, and doth hereby
strictly charge, require and command, that the governor or commander
Appendix I.
471
in chief of his majesty's province of New-York, for the time being, do
not, upon pain of his majesty's highest displeasure, presume to make
any grant whatsoever, of any part of the lands, described in the said
report, until his majesty's further pleasure shall be known, concerning
the same.
A True Copy,
Attest GEO. BANYAR, Dep. Sec'ry."
WILLIAM SHARPE.
"NOTWITHSTANDING this prohibition, and one or two more of the same
general import, and from the same authority, the government of New-
York have lapped their patents on the New-Hampshire charters, and in
consequence thereof, demand, at common law, the land on which the
New-Hamphsire grantees and occupants dwell; and from hence has
arisen the numerous troubles and disturbances between the government
of New-York and its discontented subjects, the settlers under New-
Hampshire. This has also been the source of all licentiousness and con-
fusion, riotousness, &c. complained of by that government against the
settlers aforesaid.
“AND whereas the true state of our grants hath been already laid be-
fore the worthy lords of the board of trade and plantation, and they,
having considered and wisely deliberated upon its several circumstances,
did on the third day of December, A. D. 1772, make their report in favor
of the New-Hampshire grantees, to his most gracious majesty, whose
royal confirmation we daily expect; and on the credit and good faith of
this report, many hundreds of industrious (and many of them wealthy)
families have purchased and moved upon the New-Hampshire grants,
nothing doubting of that title,
We, therefore, humbly report to the said general committee of the
New-Hampshire grauts, as our opinion,
"1. That as we ever have, so for the future we will remain loyal and
dutiful subjects to our most rightful sovereign GEORGE the third, and de-
mean ourselves agreeable to the good and wholesome laws of the realm,
and fight for the dignity of his majesty's crown and government, at all
times, when there may be a call for it; viewing him as our political fa-
ther, and relying on him to be protected in our property.
"2. That, as we purchased our lands of one of his majesty's governors,
and on the good faith of the crown of Great-Britain, we are determined
to maintain those grants, against all opposition, until his majesty's royal
pleasure shall be known in the premises.
"And whereas we have never made any further resistance to govern-
ment, than the law of self-preservation, which the law of GOD and nature
enjoins on every intelligent, wise, and understanding being; we, there-
fore, are fully of the opinion to resolve,
"3. That such of the magistrates and governmental authority of the
province of New-York, as have pursued, and have been accessary in the
scheme of indicting our friends and neighbors as rioters; and have, by
intrigue and stratagem, of various sorts, endeavored to take them, and
punish them as criminals; thereby to dishearten and terrify the New-
Hampshire settlers to that degree, that they may tamely be disinherited;
have acted contrary to the spirit and design of the good and righteous
laws of Great-Britain, which, under a just administration, never fail to
secure the liberty and property of the subject; are thereby guilty of
great inhumanity to its respective subjects. We therefore resolve, That
as a country, we will stand by, and defend our friends and neighbours so
indicted, at the expence of our lives and fortunes. And we would recom-
mend it to the general assembly of the province of New-York, to wait the
determination of his majesty, relative to the title of those lands, and de-
472
Appendix I.
sist from taking us as rioters, to prevent the unhappy consequences that
may result from such an attempt.
"And fourthly, and lastly, resolved, That, for the future, every necessary
preparation be made, and that our inhabitants hold themselves in readi-
ness, at a minute's warning, to aid and defend such friends of our's, who,
for their merit to the great and general cause, are falsely denominated
rioters; but that we will not act any thing more or less, but on the
defensive, and always encourage due execution of law in civil cases, and
also in criminal prosecutions, that are so indeed; and that we will assist,
to the utmost of our power, the officers appointed for that purpose.
"The foregoing arguments, narrations and resolves, being laid before
the general committee of the New-Hampshire grants, was read sundry
times, and carefully examined; and after mature deliberation, Mr. Clark,
chairman, put the votes to tryal, whether the foregoing was approved of
as an answer to the resolves of the general assembly of the province of
New-York? and it was passed in the affirmative. And it was further-
more the advice of this committee, that the foregoing be forthwith ex-
hibited in the public papers, to the intent that all officers, magistrates,
and persons whatsoever, may know, that if they presume to take the ri-
oters aforesaid, they do it on their peril.
Certified per
Bennington, April 14, 1774.
NATHAN CLARK, Chairman.
JONAS FAY, Clerk.
The following Law of the Colony of New-York, was passed the 9th Day
of March, 1774.
An Act for preventing tumultuous and riotous Assemblies in the pla-
ces therein mentioned, and for the more speedy and effectual punish-
ing of the Rioters.
“WHEREAS α spirit of riot and licentiousness has, of late, prevailed in
some parts of the counties of Charlotte and Albany, and many acts of out-
rage and cruelty have been perpetrated by a number of turbulent men, who,
assembling from time to time, in arms, have seized, insulted and menaced,
sereral magistrates, and other civil officers, so that they dare not execute their
functions-rescued prisoners for debt-assumed to themselves military com-
mands, and judicial powers--burned and demolished houses and property,
and beat and abused the persons of many of his majesty's subjects-expelled
others from their possessions—and finally, have put a period to the admin-
istration of justice within, and spread terror and destruction throughout,
that part of the country which is exposed to their oppression: Therefore. for
the preventing and suppressing such riots and tumults, and for the more
speedy and effectual punishing the offenders therein,
"1. Be it enacted, by his Excellency the Governor, the Council, and the
General Assembly, and it is hereby enacted, by the Authority of the same,
That, if any persons, to the number of three, or more, being unlawfully,
riotously, and tumultuously assembled, within either of the said counties,
to the disturbance of the public peace, at any time after the passing of
this act, and being required or commanded, by any one or more justice
or justices of the peace, or by the high sheriff. or his under sheriff, or by
any one of the coroners of the county where such assembly shall be, by
proclamation to be made in the king's name, in the form herein after di-
rected, to disperse themselves, and peaceably to depart to their habitations,
or to their lawful business, shall, to the number of three, or more, notwith-
standing such proclamation made, unlawfully, riotously, and tumultuously
remain or continue together, to the number of three, or more, after such
command or request made by proclamation, shall, for every such offense,
upon conviction thereof, in due form of law, either in the supreme court of
!
Appendix I.
473
judicature of this colony, or at the courts of oyer and terminer, and gen-
eral goal delivery, or at the general sessions of the peace, to be held re-
spectively in and for the said counties of Albany and Charlotte, or either
of them, suffer twelve months imprisonment, without bail or mainprize,
and such further corporal punishment as the respective courts before
which he, she, or they, shall be convicted, shall judge fit, not extending
to life or limb; and before his or her discharge, shall enter into recog-
nizance with two sufficient sureties, in such sum as the said courts shall
respectively direct, to be of good behaviour and keep the peace towards
his majesty and all his subjects, for the term of three years from such
his, her, or their discharge out of prison.
“2. And be it further enacted by the authority aforesaid, That the order
and form of the proclamation which shall be made by the authority of this
act, shall be as hereafter follows, that is to say: The justice or other per-
son, authorized by this act to make the said proclamation, shall, among
the said rioters or as near to them as he can safely come, with a loud
voice command, or cause to be commanded, silence to be kept while
proclamation is making; and shall then openly with a loud voice make,
or cause to be made, proclamation in these words, or to the like effect:
our sovereign lord the king, chargeth and commandeth all persons being
assembled, immediately to disperse themselves, and peaceably to depart to
their habitations, or to their lawful business, upon the pain contained in the
act made in the fourteenth year of the reign of King GEORGE the third, to
prevent tumultuous and riotous assemblies. And every such justice or jus-
tices of the peace, sheriff, under sheriff or coroner, within the limits of the
respective counties, where they reside, are hereby authorized, impowered,
and required, on notice or knowledge of any such unlawful, riotous and
tumultuous assembly, forthwith to repair to the place where such unlaw-
ful, riotous and tumultuous assembly shall be, to the number of three or
more, and there to make or cause to be made, proclamation in manner
aforesaid.
“3. And be it further enacted by the authority aforesaid, That if any per-
son or persons do, or shall, with force and arms, wilfully and knowingly
oppose, obstruct, or in any manner, wilfully and knowingly let, hinder or
hurt any person or persons, who shall begin to proclaim, or go to pro-
claim, according to the proclamation hereby directed to be made, where-
by such proclamation shall not be made; that then, every such opposing,
letting, hindering, or hurting, such person or persons, so being or going
to make such proclamation as aforesaid, shall be adjudged felony, with-
out benefit of clergy; and that the offenders therein, shall be adjudged
felons, and shall suffer death, as in cases of felony without benefit of cler-
gy; And that also, every such person or persons, so being unlawfully, ri-
otously and tumultuously assembled to the number of three, as aforesaid,
or more, to whom proclamation should or ought to have been made if the
same had not been hindred as aforesaid, shall, in case they, or any of
them, to the number of three or more, shall continue together, and not
forthwith disperse themselves, after such let or hindrance, having knowl-
edge of such let or hindrance, shall, likewise, for every such offence, up-
on conviction thereof, in manner aforesaid, suffer the same pains and
penalties as are hereby inflicted on those who shall continue together to
the number of three or more, after they shall be commanded to depart to
their habitations, or lawful business, by proclamation as aforesaid.
“4. And be it further enacted by the authority aforesaid, That if such
persons so unlawfully, riotously and tumultuously assembled, or any three
or more of them, after proclamation made in manner aforesaid, shall con-
tinue together, and not forthwith disperse themselves, it shall and may
32
474
Appendix I.
be lawful to and for every such justice of the peace, sheriff, under sher-
iff, coroner, or constable, of any county or township where such assembly
shall be; and to and for such person or persons as shall be commanded
to be assisting unto such justice of the peace, sheriff, under sheriff, coro-
ner, or constable, who are hereby authorized and impowered to com-
mand all his majesty's subjects of age and ability, to be aiding and as-
sisting to them therein; to seize and apprehend, and they are hereby
required to seize and apprehend such persons so unlawfully, riotously,
and tumultuously assembled together, after proclamation made as afore-
said, and forthwith to carry the persons so apprehended, before any one
or more of his majesty's justices of the peace of the said counties of Char-
lotte or Albany, in order to their being proceeded against for such their
offences according to law.
"And that, if the persons so unlawfully, riotously and tumultuously as-
sembled, or any of them, shall happen to be killed, maimed, or hurt, in
the dispersing, seizing or apprehending them, by reason of their resisting
the persons so dispersing, seizing, or apprehending, or endeavouring to
disperse, seize, or apprehend them; that then, every such justice of the
peace, sheriff, under sheriff, coroner or constable, and all and singular
persons aiding and assisting to them, or any of them, shall be freed, dis-
charged, and indemnified, as well against the king's majesty, his heirs
and successors, as against all and every other person and persons, of, for,
or concerning the killing, maiming, or hurting of any such person or per-
sons, so unlawfully, riotously, and tumultuously assembled, that shall
happen to be so killed, maimed, or hurt as aforesaid.
5. And be it further enacted by the authority aforesaid, That, if any per-
son or persons, within the said counties, or either of them, not being law-
fully authorized a judge, justice, or magistrate, shall assume judicial
power, or shall try, fine, sentence or condemn any person who shall ei-
ther be absent, or shall unlawfully or forcibly be seized, taken, or brought
before him or them, for trial or punishment; or if any person or persons
shall aid or assist in such illegal proceedings, or shall inforce, execute or
carry the same into effect; or if any person or persons shall unlawfully,
seize, detain, or confine, or assault and beat any magistate or civil offi-
cer, for, or in the respect of any act or proceeding in the due exercise of his
function, or in order to compel him to resign, renounce, or surcease his
commission or authority, or to terrify, hinder, or prevent him from per-
forming and discharging the duties thereof; or if any person or persons
either secretly or openly, shall, unlawfully, wilfully and maliciously burn
or destroy the grain, corn or hay, of any other person, being in any in-
closure, or if any person unlawfully, riotously, and tumultuously assem-
bled together, to the disturbance of the public peace, shall, unlawfully,
and with force, demolish or pull down, or begin to demolish or pull down,
any dwelling-house, barn, stable, grist-mill, saw-mill, or out-house, within
either of the said counties, that then, each of the said offences, respec-
tively, shall be adjudged felony, without benefit of clergy; and the offen-
ders therein shall be adjudged felons, and shall suffer death, as in cases
of felony without benefit of clergy.
"6. And whereas complaint and proofs have been made, as well before
his excellency the governor in council, as before the General Assem-
bly, That Ethan Allen, some time of Salisbury, in the colony of Connecti-
cut, but late of Bennington, in the county of Albany, yeoman; Seth War-
ner, late of Bennington, in the said county, yeoman; Remember Baker,
late of Arlington, in the said county, yeoman; Robert Cochran, late of
Ruporte, in the county of Charlotte, yeoman; Peleg Sunderland and Silva-
nus Brown, late of Socialborough, in the same county, yeoman; James
Brackenridge, late of Wallumschack, in the county of Albany, yeoman ;
Appendix I.
475
and John Smith, late of Socialborough, yeoman; have been principal ring-
leaders of, and actors in, the riots and disturbances aforesaid; and the
general assembly have, thereupon, addressed his excllency the gover-
nor, to issue a proclamation offering certain rewards for apprehending
and securing the said offenders, and for bringing them and the other per-
petrators and authors of the riots to justice; And forasmuch as such dis-
orderly practices are highly criminal and destructive to the peace and
settlement of the country, and it is indispensably necessary for want of
process to outlawry (which is not used in this colony) that special pro-
vision be made for bringing such offenders, in future, to trial and pun-
ishment, without exposing the colony to the expence of extraordinary
rewards and bounties for apprehending such offenders:
Be it further enacted by the authority aforesaid, That it shall and may
be lawful to, and for, his excellency the governor, or the governor and
commander in chief, for the time being, by, and with, the advice of the
council, as often as either of the above named persons, or any other per-
son, shall be indicted in either of the counties aforesaid, for any offence
perpetrated after the passing of this act, made capital by this or any oth-
er law, or where any person may stand indicted for any of the offences
above mentioned, not made felony by this act, to make his order in coun-
cil, thereby requiring and commanding such offender or offenders to sur-
render themselves, respectively, within the space of seventy days next
after the first publication thereof, in the New-York Gazette, and weekly
Mercury, to one of his majesty's justices of the peace, for either of the
said counties respectively, who are hereby required, thereupon, to com-
mit him or them, without bail or mainprize, to the goal of the city of
New-York, or of the city and county of Albany, to the end that he or
they may be forth-coming to answer the offence or offences, wherewith
he or they shall stand charged, according to the ordinary course of the
law; which order the clerk of his majesty's council, or his deputy, shall
cause, forthwith, to be printed and published, in eight sucesssive papers,
of the New-York Gazette and weekly Mercury; the two first of which
to be, forthwith, transmitted to the sheriff's of the counties of Albany and
Charlotte; and the said sheriffs, respectively, shall, within six days after
the receipt thereof, cause the same printed orders to be affixed upon the
door of the court-house of the county of Albany, and upon the door of the
dwell-house of Patrick Smith, Esq; where the courts are now usually
beld for the said county of Charlotte, and upon the doors of two other
public-houses in each of their respective counties. And in the case the
said offenders shall not respectively surrender themselves, pursuant to
such orders of his excellency the governor, or of the governor and com-
mander in chief, for the time being, to be made in council as aforesaid;
he or they, so neglecting or refusing to surrender himself or themselves
as aforesaid, shall, from the day to be appointed for his or their surrendry
as aforesaid, be adjudged, deemed, and (if indicted for a capital offence
hereafter to be perpetrated) to be convicted and attainted of felony, and
shall suffer death, as in cases of persons convicted and attainted of felo-
ny, by verdict and judgment, without benefit of clergy; and that it shall
and may be lawful to and for the supreme court of judicature of this col-
ony, or the courts of oyer and terminer, or general goal delivery, for the
respective counties aforesaid, to award execution against such offender
or offenders, so indicted for a capital offence perpetrated after the pass-
ing of this act, in such manner as if he or they had been convicted or
attainted in the said supreme courts of judicature, or before such courts
of oyer and terminer, or general goal delivery respectively: And if any
offender, being indicted for a lesser offence, under the degree of felony,
shall not surrender himself within the time fixed by such order, and after
476
Appendix I.
such notice aforesaid, he shall thenceforth be deemed guilty of the of-
fence for which he may be charged by such indictment; and it shall be
lawful for the court wherein such indictment is found, to proceed to pro-
nounce such judgment against the offender, as might lawfully be done if
he was present in court, and convicted in the ordinary course of the law,
of the crime wherewith he shall so stand charged as aforesaid. Provi-
ded always,
"7. And be it further enacted by the same authority aforesaid, That, if
any person, so neglecting to surrender himself as aforesaid, within the
said seventy days, shall, at any time after, surrender himself to the sher-
iff of the cities of New-York or Albany, or of the counties of Dutchess or
West-Chester, (who are to receive, and safely keep such offenders) and
being actually in custody, exhibited reasonable proof, to the satisfac-
tion of the judges of the supreme court of this colony, or either of them,
that he was not within either of the said counties of Albany or Charlotte,
or within either of the counties of Cumberland or Gloucester, at any time
after the publication and notices above directed, and before such surren-
der of himself as aforesaid; then such judge before whom such proof is
made, shall, forthwith, notify the same in writing, to the sheriff to whom
any warrant of execution for the executing such offender, or any other
process for any lesser punishment hath been, or may be issued; and
thenceforth such prisoner or offender shall not be liable to suffer death or
any other punishment for not surrendering himself-Provided also, that
nothing in this act contained shall be construed to exempt any offender,
so surrendering himself after the seventy days as aforesaid, from any
punishment to which he may be liable for any other crime than for not
surrendering himself within the seventy days, as aforesaid; nor to de-
prive any person who shall so surrender himself within the seventy days,
from being bailed, in cases where he shall be bailable by law; any thing
herein contained to the contrary thereof, in any wise, notwithstanding.
"S. And be it further enacted by the same authority aforesaid, That, all
and every person and persons who shall, after the expiration of the time
to be appointed, as aforesaid, for the surrender of the respective offend-
ers herein before named, harbour, receive, conceal, abet, or succour such
offender or offenders, knowing him or them to have been required to sur-
render him or themselves by such order or orders as aforesaid, and not
to have surrendered pursuant thereto, shall, upon conviction thereof, in
due form of law, suffer the same pains and penalties as are, by this act,
inflicted on those who shall continue together to the number of three or
more, after they shall be commanded to depart to their habitation or law-
ful business, by proclamation as aforesaid.
"9. And whereas the said county of Charlotte, hath but lately been set
off from the said county of Albany, and there is yet no goal or court-
house erected within the same; and a great part of the said county being
involved in a state of anarchy and confusion, by reason of the violent pro-
ceedings of the aforesaid riotous and disorderly people, from whence it
must, at present, be extremely difficult, if not impracticable, to bring
offenders to justice within the said county:
"Be it therefore further enacted by the authority aforesaid, That all trea-
sons, felonies, crimes, misdemeanors and offences whatsoever, at any
time heretofore committed or perpetrated, or hereafter to be committed
or perpetrated within the said county of Charlotte, shall and may be pro-
ceeded against and presented by any grand jury for the county of Albany,
from time to time, to be impanelled and sworn at any court of criminal
jurisdiction to be held in and for the said county of Albany; who shall
and may charge any of the said offences to have been committed in any
part of the said county of Charlotte; and all indictments so found by
Appendix I.
477
them, shall be adjudged to be good and valid, notwithstanding that the
place of perpetrating any of the said offences be in the said indictments
alledged to be out of the said county of Albany; and all such offences
and offenders which shall be presented or indicted as aforesaid, shall and
may be tried within the county of Albany, and by a jury thereof; and
there heard, determined, and punished in the same manner and form as
if such treason, felony, crime, misdemeanor or offence, had arisen and
been perpetrated within the said county of Albany.
10. Provided always, And be it further enacted, That if, any time here-
after, the justices to be appointed for holding courts of oyer and terminer
and general goal delivery, for the said county of Charlotte, in cases cog-
nizable before them, or the justices of the general session of the peace for
the said county of Charlotte, in cases cognizable before them, shall con-
ceive that any prisoner or offender may be safely brought to justice with-
in, and by a jury of, the said county of Charlotte; that then, it shall and
may be lawful to and for each of the said courts respectively, to proceed
against, and try, such prisoner or offender, having lawful cognizance of
his cause, within, and by a jury of, the said county of Charlotte; and
him there to acquit or to sentence, condemn, and punish, as the law di-
rects; any thing in this act to the contrary thereof notwithstanding.
“11. And be it further enucted by the authority aforesaid, That this act
shall be publickly read in every court of general sessions of the peace,
to be held in each of the said counties of Albany and Charlotte respec-
tively.
12. And be it further enacted by the authority aforesaid, That this
act shall remain and continue in full force and effect, from the pass-
ing thereof, until the first day of January, which will be in the year of
our Lord, one thousand, seven hundred, and seventy-six."
From the New-Hampshire Gazette, No. 915.
REMARKS, &c. on some late laws passed in New-York.
"HIS excellency, governor Tryon, in conformity to the addresses of
the general assembly of the colony of New-York, having on the 9th day
of March, 1774, with the advice of his council, issued his proclamation,
offering, therein, large sums of money for the purpose of apprehending
and imprisoning the following persons, viz., Ethan Allen, Seth Warner,
Remember Baker, Robert Cochrain. Peleg Sunderland, Silvanus Brown,
James Breakenridge, and James Smith :
AND WHEREAS his excellency the governor, by the same proclama-
tion, hath, strictly, enjoined and commanded all magistrates, justices of
the peace, sheriffs, and other civil officers of the counties of Albany and
Charlotte, to be active and vigilent in apprehending and imprisoning the
persons above-named; and we, the aforesaid persons, who have hereunto
subscribed, being conscious that our cause is good and equitable in the
sight of GOD, and all unpredjudiced and honest men, are determined, at
all events, to maintain and defend the same, 'till his majesty's pleasure
shall be known concerning the validity of the New-Hampshire grants--
And we now proclaim to the public, not only for ourselves but for the
New-Hampshire grantees, and occupants in general; that the spring, and
moving cause, of our opposition to the government of New-York, was
self-preservation, viz. Firstly, the preservation and maintaining of our
property: And secondly, since that government is so incensed against us,
therefore it stands us in hand to defend our lives; for, it appears, by a
late set of laws passed by the legislature thereof, that the lives and prop-
erty of the New-Hampshire settlers are manifestly struck at; but, that
the public may rightly understand the essence of the controversy, we
478
Appendix I.
now proclaim to those law-givers, and to the world, that if the New-York
patentees will remove their patents that have been, subsequently lapped
and laid on the New-Hampshire charters, and quiet us in our possessions,
agreeable to his majesty's directions, and suspend those criminal prose-
cutions against us for being rioters (as we are unjustly denominated)
then will our settlers be orderly and submissive subjects to govern-
ment; but, be it known to that despotic fraternity of law-makers and
law-breakers, that we will not be fooled or frighted out of our property;
they have broke over his majesty's express prohibitions, in patenting
those lands, and when they act in conformity to the regal authority of
Great-Britain, it will be soon enough for us to obey them. It is well
known by all wise and sensible persons in the neighbouring govern-
ments, (that have animadverted on the controversy) that their pretended
zeal for good order and government, is fallacious, and that they aim at
the lands and labours of the grantees and settlers aforesaid; and that
they subvert the good and wholesome laws of the realm, to corroborate
with, and bring about their vile and mercenary purposes.
AND inasmuch as the malignity of their disposition towards us, hath
flamed to an immeasurable and murtherous degree, they have, in their
new-fangled laws, calculated for the meridian of the New-Hampshire
grants, passed the 9th of March, 1774, so calculated them, as to corres-
pond with the depravedness of their minds and morals; in them laws,
they have exhibited their genuine pictures. The emblems of their in-
satiable, avaricious, overbearing, inhuman, barbarous, and blood-guilti-
ness of disposition and intention is therein portraited in that transparent.
image of themselves, which cannot fail to be a blot, and an infamous re-
proach to them, to posterity. We cannot suppose that every of his
majesty's council, or that all the members of the general assembly were
active in passing so bloody and unconstitutional a set of laws. Un-
doubtedly, some of them disapproved thereof; and it is altogether possi-
ble, that many that were active in making the law, were imposed upon
by false representations, aud acted under mistaken views of doing honor
to government; but be this as it will, it appears that there was a major-
ity. And it has been too much the case with that government, for a
number of designing schemers, and land-jockeys, to rule the same. Let
us take a view of their former narrow and circumscribed boundaries,
and how, that by legerdemain, bribery and deceptions of one sort or
other, they have extended their domain far and wide; they have
wrangled with, and encroached on their neighbouring governments, and
have used all manner of deceit and fraud to accomplish their designs:
their tenants groan under their usury and oppression; and they have
gained, as well as merited, the disapprobation and abhorrence of their
neighbours, and the innocent blood they have already shed, calls for
heaven's vengeance on their guilty heads; and if they should come forth
in arms against us, thousands of their injured and dissatisfied neighbours
in the several governments, will join with us, to cut off and extirpate
such an execrable race from the face of the earth!
THIS piece is not supposed to contain a full answer to the new con-
structed laws aforesaid; for such a large two year old, hath never before
been seen in America, it being of an enormous and monstrous birth;
nor is it supposed to give the legislators their full characters: but so
much may suffice for the present. To quote the laws, and make remarks
thereon, would be matter sufficient for a volume: However, we will yet
make some short observations.
1st. NEGATIVELY, it is not a law for the province of New-York in
general, but,
Appendix I.
479
2d. POSITIVELY, it is a law but for part of the counties of Charlotte
and Albany; viz. such parts thereof as are covered with the New-Hamp-
shire charters; and it is well known those grants compose but a minor part
of the inhabitants of the said province; and we have no representative in
that assembly. The first knowledge we had of said laws, was the comple-
tion of them; which informed us, that if we assembled, three or more of us
together, to oppose (that which they call legal) authority, we shall be ad-
judged felons, and suffer the pains of death; and that same fraternity of
plotters knew, as well as we, and the generalty of the people in the ad-
jacent colonies, that they have for a number of years last past, endeav-
ored to exercise such a course of what they call law, that had they not
been opposed by the people of these grants (called the MOB) in the exe-
cuting the same, they would, before this time, have been in possession
of that territory, for which the laws aforesaid are calculated. Therefore
the case stands thus: If we oppose civil officers, in taking possession of
our farms, we are, by these laws, denominated felons; or if we defend
our neighbours who have been indicted rioters, only for defending our
property; we are likewise adjudged felons. In fine, every opposition to
their monarchial government is deemed felony, and at the end of every
such sentence, there is the word DEATH! And the same laws further
impowered the respective judges, provided any persons, to the number
of three or more, that shall oppose any magistrate, or other civil officer,
and be not taken, that after a legal warning of seventy days, if they do
not come and yield themselves up to certain officers appointed for the
purpose of securing them; then it shall be lawful for the judges afore-
said, to award execution of DEATH, the same as tho' he or they had
been convicted or attainted before a proper court of judicature, &c.
The candid reader will, doubtless, observe, that the diabolical design of
this law, is to obtain possession of the New-Hampshire grants, or to make
the people that defend them, out-laws, and so kill them whenever they
can catch them.
Those bloody law-givers know we are necessitated to oppose their ex-
ecution of law, where it points directly at our property, or give up the
same: but there is one thing is matter of consolation to us, viz. that
printed sentences of death will not kill us when we are at a distance;
and if the executioners approach us, they will be as likely to fall victims
to death as we; and that person, or country of persons, are cowards in-
deed, if they cannot, as manfully, fight for their liberty, property and
life, as villains can do to deprive them thereof.
THE New-York schemers accuse us with many things; part of which
are true, and part not. With respect to rescuing prisoners for debt, it
is false. As to assuming judicial powers, we have not, except a well-reg-
ulated combination of the people to defend their just rights, may be
called so. As to forming ourselves into military order, and assuming
military commands. the New-York possies, and military preparations,
oppressions, &c, obliged us to it. Probably Mess. Duane, Kemp, and
Banyar, of New-York, will not discommend us for so expedient a prep-
aration; more especially since the decrees of the 9th of March, are yet
to be put in execution: and we flatter ourselves, upon occasion, we can
muster as good a regiment of mark's-men and scalpers as America can
afford; and we now give the gentleman above-named, together with Mr.
Brush, and Col. Ten Broeck, and in fine, all the land-jobbers of New-York,
an invitation to come and view the dexterity of our regiment; and we
cannot think of a better time for that purpose, than when the executioners
come to kill us, by virtue of the authority their judges have lately re-
ceived to award and sentence us to death in our absence. There is still
one more notable complaint against us, viz. That we have insulted and
480
Appendix 1.
menaced several magistrates, and other civil officers, so that they dare
not_execute_their respective functions: This is true, so far as it relates
to the magistrates. But the public should be informed, what the func-
tions of those magistrates are: they are commissioned for the sole pur-
pose of doing us all the harm and mischief they possibly can, thro'
their administration and influence; and that they might be subservient
to the wicked designs of the New-York schemers. These are their func-
tions; and the public need no further proof than the consideration that
they are the tools of those extravagant law-makers; and it must be
owned, they acted with great judgment, in chusing the most infernal
instruments for their purpose.
DRACO, the Athenian law-giver, caused a number of laws, (in many re-
spects analogous to those we have been speaking of,) to be written in
blood. But our modern Draco's determine to have theirs verified in
blood. They well know we shall, more than three, nay, more than three
times three hundred, assemble together, if need be, to maintain our com-
mon cause, till his majesty determines who shall be and remain the
owners of the land in contest. "Wilt thou not possess that which Che-
moth, thy God, giveth thee to possess?" So will we possess that which the
Lord our God (and King) giveth us to possess.
AND lastly, we address ourselves to the people of the counties of Al-
bany and Charlotte, which inhabit to the westward of, and are situated
contiguous to, the New-Hampshire grants.
GENTLEMEN, FRIENDS AND NEIGHBOURS,
PROVIDENCE having allotted and fixed the bounds of our habitations in
the same vicinity, which, together with the intercourse of trade and com-
merce, hath formed an almost universal acquaintance and tie of friend-
ship between us, and hath laid such a foundation of knowledge, that
your people, in general, cannot but be sensible that the title of our land
is, in reality, the bone of contention; and that, as a people, we behave
ourselves orderly; and are industrious, and honestly disposed; and pay
just deference to order and good government; and that we mean no
more by that which is called the MOB, but to defend our just rights and
properties. We appeal to the gentlemen merchants, to inform whether
our people in general, do not exert themselves to pay their just debts;
and whether ever they have been hindered by the country's MOB, in the col-
lection of their dues. But as [to] the magistrates, sheriffs, under-sheriffs,
coroners, and constables, of the respective counties, that hold their posts
of honor and profit under our bitter enemies, we have a jealousy, that
some of them may be induced (to recommend themselves to those on
whom they are dependant, and for the wages of unrighteousness, offered
by proclamation) to presume to apprehend some of us, or our friends:
We therefore, advertise such officers, and all persons whatsoever, that
we are resolved to inflict immediate death on whomsoever may attempt
the same. And provided any of us or our party shall be taken, and we
have not notice sufficient to relieve them, or whether we relieve them or
not, we are resolved to surround such person or persons, whether at his
or their own house or houses, or any where that we can find him or
them, and shoot such person or persons dead. And furthermore,
that we will kill and destroy any person or persons whomsoever, that
shall presume to be accessary, aiding or assisting in taking any of us as
aforesaid; for by these presents we give any such disposed person or
persons to understand, that, altho' they have a licence by the law
aforesaid, to kill us; and an "indemnification" for such murther from the
same authority; yet they have no indemnification for so doing from the
green mountain boys; for our lives, liberties and properties are as verily
Appendix I.
481
precious to us, as to any of the king's subjects: and we are as loyal to
his majesty or his government, as any subjects in the province: but, if
the governmental authority of New-York will judge in their own case,
and act in opposition to that of Great-Britain, and insist upon killing us,
to take possession of our "vineyards," - come on, we are ready for a game
of scalping with them; for our martial spirits glow with bitter indigna-
tion, and consummate fury, to blast their infernal projections.
It may be, the reader, not having seen the law referred to in this piece,
and not being thoroughly acquainted with the long and spirited conflict
that hath subsisted between the claimants under New-Hampshire and
New-York, nor of the progressive, arbitrary, and monopolizing disposi-
tion of the court party of the latter of those provinces; may be apt to
imagine that the spirit of this writing is too severe, inasmuch as it des-
tines whoever presumes to take us as felons or rioters, to immediate
death; but let the wise consider the state of the cause.
1. PROVIDED we on our part be taken, we have by them laws the sen-
tence of death already pronounced against us, on proviso more than three
of us assemble together to maintain and defend our property, till his ma-
jesty determines the controversy. And,
2. MAY it be considered, that the legislative authority of the province
of New-York had no constitutional right or power to make such laws;
and consequently, that they are null and void, from the nature and en-
ergy of the English constitution; therefore as they merit no place among
the laws of the realm of Great-Britain, but are the arbitrary league and
combination of our bitter and merciless enemies, who, to obtain our pro-
perty, have inhumanly, barbarously, and maliciously, under the specious
and hypocritical pretence of legal authority, and veneration for order and
government, laid a snare for our lives; can the public censure us for ex-
erting ourselves nervously to preserve our lives, in so critical a situation?
For by the laws of the province, into which we are unfortunately fallen,
we cannot be protected in either property or life, except we give up the
former to secure the latter so we are resolved to maintain both, or to
hazard or loose both.
FROM hence follows a necessary inference, That inasmuch as our prop-
erty, nay, our lives, cannot be protected (but manifestly struck at) by
the highest authority in the province to which we, at present, belong;
therefore, in the interim, while his majesty is determining the contro-
versy, and till he shall interpose his royal authority, and subject the au-
thority aforesaid to their duty, or re-annex the district of disputed lands
to the province of New-Hampshire, or some way, in his great wisdom,
and fatherly clemency, put the distressed settlers under New-Hampshire
on an equal footing with our brother subjects in his realm; we are under
necessity of resisting, even unto blood, every person who may attempt
to take us as felous or rioters as aforesaid; for in this case it is not resist-
ing law, but only opposing force by force; therefore, inasmuch as by the
oppressions aforesaid, the New-Hampshire settlers are reduced to the dis-
agreeable state of anarchy and confusion; in which state we hope for
wisdom, patience and fortitude, till the happy hour his majesty shall
graciously be pleased to restore us to the privileges of Englishmen.
Signed per
ETHAN ALLEN,
SETH WARNER,
REMEMBER BAKER,
ROBERT COCKRAN.
PELEG SUNDERLAND,
JOHN SMITH,
SILVANUS BROWN,
Bennington, April 26, 1774.
482
Appendix I.
"When Cesar reigned king at Rome
St. Paul was sent to hear his doom;
But Roman laws, in a criminal case,
Must have the accuser face to face,
Or Cæsar gives a flat denial.
But here's a law made now of late;
Which destines men to awful fate,
And hangs and damus without a trial.
Which made me view all nature through,
To find a law where men were ti'd,
By legal act which doth exact
Men's lives before they're try’d.
Then down I took the sacred book,
And turned the pages o'er,
But could not find one of this kind,
By God or man before. -T. R.”
*
[THOMAS ROWLEY.]
APPENDIX,
ONTAINING conclusive arguments in favor of the validity of the
New-Hampshire grants to the westward of Connecticut-river; setting
forth the injustice and invalidity of the New-York subsequent interfer-
ing grants, with observations on the jurisdictions of the [re]spective
governments to those lands. And remarks on the state of the right of
the colony of New-York, &c. And on the narrative of the proceedings
subsequent to the royal adjudication, concerning lands to the westward
of Connecticut-river, &c. published at their sessions, 1773.
THE Appendix was written by the writer of the Vindication [ETHAN
ALLEN] to which this is annexed, and was printed at IIartford, [Conn.,]
by EBENEZER WATSON, (deceased,) 23d September, 1774.
A
SECTION I.
S the claimants under New-Hampshire rely on their charters from
that government as the predicate and ground of their title to the
property of the land in contest: so, on the other hand, the claimants
under New-York, predicate and ground their title to the same land on
the validity of their patents from New-York: This brings the point in
issue between the respective claimants to this single question, namely,
Which of the said governments conveyed the fee of the land in contest? For
it is self-evident both could not. And upon exploring the controversy,
and animadverting on the merits of the different claims, be it which it
will that may be allowed to stand the test, and adjudged valid, it will of
necessity invalidate the other. In the discussion of this subject, and
searching into the merit of the respective claims, it is necessary to in-
spect into the validity of the grant from king CHARLES to the duke of
YORK, from which foundation only, the government of New-York de-
duce their right of patenting the lands in contest; yet the matter of fact
is, that neither the government of New-York as such, or any individual
therein, has ever had any conveyance of any land from the duke of York,
nor doth any landlord or person whatever, in the government, hold the
fee or property of their land, by virtue of any conveyance from the duke
of York; but they hold the fee of their lands on a very different footing,
Appendix I.
483
viz. by conveyance from the Crown; yet, if it be conceded to, that king
Charles gave to his brother James duke of York, the fee of the lands
west of Connecticut-river to the head of Delaware-Bay; and allowing the
fee to be still vested in him, his heirs or assigns, upon this hypothesis no
person in the province of New-York hath the fee or property of the land
they possess, the fee remaining the property of the duke of York, his
heirs or assigns. And further, upon the same principle, those identical
patents under the seal of New-York, which were laid on the New-Hamp-
shire grants, are in their own nature, equally null and void, with all
other conveyances of land in the said province which have been given
by the crown, the fee thereof being vested in the duke of York, &c.
So that the grantees under New-York and New-Hampshire are both,
upon this stating of the case, equally destitute of the fee of the land
contested for But, upon this stating, the grantees under New-Hamp-
shire, have the argument of settlement, and occupation, and possession,
on their side; which is abundantly sufficient to give the priority, and
preference of title to them; so that neither the government of New-
York or their patentees, gain anything by building their title on the said
grants to the duke of York; for if there be anything in it, it defeats
their own title as well as that of New-Hampshire, proving too much for
their purpose, or nothing at all. But, if the lands contained in the duke
of York's grant reverted back to the crown, then the duke of York's
patent became extinct, null, and absolutely void, and is as though it
never had been; whether the said reversion happened in consequence
of the said duke's abdicating the throne-turning papist, or by any for-
mal surrendery, or by any means whatever. Provided the fee became
revested in the crown, then the said charter became extinct, as afore-
said: so that whether the fee of the land in dispute still remains in the
said duke of York, his heirs or assigns, or reverted, or was surrendered
to the crown, none of all this will in the least justify the government of
New-York or its patentees, in founding their pretensions of title to the
land aforesaid, by virtue of the aforesaid grant from king Charles to the
duke of York. For, take the argument one way, and it overturns both
the title of New-York and New-Hampshire also, leaving the latter in
occupation and possession of the disputed premises, and that only, being
intirely destitute of the fee; and the New-York claimants destitute of
the least colour of title whatsoever. But, take the argument the other
way, viz. Provided the fee of the lands aforesaid reverted and been
revested in the crown, then the said lands at the time of first granting
were crown lands the same as though the duke of York had never ex-
isted. But the truth of the matter undoubtedly is this, the under pro-
prietors all except William Penn, who had the several countries parcelled
out to them by the duke of York, which was contained in his grant, sur-
rendered their charters to the crown, whereby New-York and New-
Jersey became royal governments: This then being the state of the
case, the lands in dispute became crown lands, and the governor of New-
Hampshire, as well as New-York, crown officers, or king's agents, and it
is of no consequence to the king which of his governors grants his land,
if so be they be granted to and settled by loyal and industrious subjects,
thereby adding to the revenue of the crown and enlarging and strength-
ening the kingdom. This being presupposed, and admit for supposition
only, that the governor of New-Hampshire exceeded his proper limits in
granting crown lands, must the grantees who have settled those lands,
paid one of the officers for granting the same, and expended their ALL,
in settling and cultivating his majesty's wilderness land, and who are
truly loyal subjects, be turned off the said land by thousands, and re-
duced to starving poverty, together with their numerous families, because
484
Appendix I.
one of the crown officers either ignorantly or designingly imposed upon
the people by granting crown lands over his bounds? This would be
extreme wrong, the more so as it cannot be supposed that the subjects
are capable judges of the jurisdiction of governments, and conse-
quently there should be the greatest care taken to guard the subject from
injury in all cases of this nature; the truth of which will more fully ap-
pear by the following considerations, viz. That notwithstanding the sup-
posed error in granting the said lands, yet the great end of the crown in
granting of it is compleatly answered; and provided the subjects i. e. the
settlers are quieted in the fee and possession of the said lands, they will
not be injured, so that upon this hypothesis, neither king nor subject
would sustain damage: Indeed no person in the realm could have just
cause of complaint. True, the respective governors of New-York may
insinuate, that upon this state of the case, the governor of New-Hamp-
shire has cheated them out of their fees for granting the said lands-
though it is evident, if crown officers are faithful to the king and sub-
jects, they could take no more money for granting crown lands, than a
reasonable compensation for their trouble, and the other governor's being
supposed to grant the lands, saves the said governor of New-York the
trouble; so that the argument is brought to this single point only at last,
that upon supposition the governor of New-Hampshire exceeded his
proper limits in granting those lands, yet neither king nor subjects are
injured, (provided the claimants under New-Hampshire hold the fee of
the said land as above) except the governors of New-York, and if they
be supposed to be honest men, the trouble of granting the land would be
equal to their fees had they granted it; so that they have not been in-
jured a whit more in this case, than they be supposed to have injured
the subjects by taking exorbitant fees for granting the same lands;
which to them is no injury at all, but a providential check to the exer-
cise of their avarice. So that the respective governors of New-York, in
an equitable sense, are no loosers in this affair, or at most the privileges
would be so very inconsiderable as to make it meer trifling to mention
it, especially when set in competition with the shocking and universal
destruction that would overspread a large country of his majesty's good
subjects, provided they be dispossessed of the lands aforesaid. This
seems to be the genuine sequel of the argument, even upon the Yorkers
own stating it.
IT
SECTION II.
is not conceded to on the part of the claimants under New-Hamp-
shire, that the governor did in fact exceed his proper limits in grant-
ing those lands. The contrary will abundantly appear from the following
considerations, viz. Before and at the time the said governor of New-
Hampshire granted those lands they were reputed to be within his juris-
diction. This was the opinion of both learned and unlearned, the wise
as well as simple. Thus it was universally planned in all ancient and mod-
ern maps down to the year 1764, when, by royal determination, the juris-
diction of New-York was extended over this disputed district of land.
But the general opinion before this royal adjudication was, that the
province of New-York extended its jurisdiction but twenty miles to the
eastward from Hudson's-river. So general was this opinion, that the
best maps of the two respective provinces, and the history of New-
Hampshire adopted it as settled; it is of very great weight in the ques-
tion to shew how universal this maxim was, and that the unprejudiced
and accurate geographer Mr. Mitchel, in his map composed so late as the
Appendix I.
485
year 1755, which with great propriety and certainty ascertains the same
limits. This map has the more authority as it was according to the cer-
tificate of Mr. Pownal, secretary to the board of trade, and was under-
taken with the approbation and at the request of the lords commission-
ers for trade and plantation, and is chiefly composed from draughts,
charts, and actual surveys of different parts of his majesty's colonies and
plantations in America, great part of which have been since taken by
their lordships' orders and transmitted to the office of the governors of
said colonies. This twenty mile line was so far from being deemed un-
favorable to New-York, that we find the commissioners from that prov-
ince so late as the year 1767, made an offer to those of the Massachusett-
Bay to let a line of twenty miles distance east of Hudson's-river be the
division between their respective provinces, which the latter commission-
ers would not then agree to it, being thought by them too much in favor
of New-York, so little it seems did New-York commissioners conceive
their claim as far as Connecticut-river could be supported.
THOUGH it is true in the year 1771 the province of New-York by a
public act of their general assembly, did annex all that part of the prov-
ince of the Massachusetts-Bay, to the westward from Connecticut-river,
to their county of Albany; and it is likewise true that in the year 1773,
the governors of the respective provinces met at Hartford, in Connecti-
cut, and came to a mutual agreement to settle that line at twenty miles
distance eastward from Hudson's-river, which was the hypothesis of that
settlement, which hath since been ratified by his majesty.
THE report of the lords commissioners for plantation affairs in 1753,
states the following facts, from which is necessarily inferred that New-
Hampshire extended its jurisdiction to the westward of Connecticut-
river,—“There are, says their lordships, about 60,000 acres of land situ-
ate on the west side of Connecticut-river, which were purchased by pri-
vate persons from Connecticut, to whom the land had been laid out, by
the government of the Massachusetts-Bay as an equivalent for two or
three townships which the latter purchased from the former. This tract
of land by the determination of the boundary line between the provin-
ces of New-Hampshire and the Massachusetts-Bay in 1739 is become a
part of New-Hampshire."―Thus we have their lordships' sentiments that
the jurisdiction of New-Hampshire extended over part of the very lands
in contest, westward of Connecticut-river, as long ago as the year 1739,
at which time New-York never dreamed of extending their claim to
Connecticut-river.-There is another glaring and indisputable evidence
of the former western extent of New-Hampshire, viz. Relative to fort
Dummer which was built by the Bay province in 1724, and garrisoned at
their expence a great number of years; but upon its being excluded from
their jurisdiction, by the settlement of the jurisdictional line between
them and New-Hampshire in 1739, the Bay province represented to the
government at home, that the said district of land and fort Dummer,
having been determined to be the property of New-Hampshire, they
were no longer oblige to garrison and maintain it, and praying, that as
it was necessary, to the defence of the country, that New-Hampshire
might be directed to support it. In consequence of which, an order
passed the king and council in 1744, that the governor and commander
in chief of New-Hampshire should forthwith move the assembly, in his
majesty's name, to make a proper provision for that service; and at the
same time informing them that in case they refused to comply with so
reasonable and necessary a proposal, his majesty would find himself
under a necessity of restoring that fort, with a proper district of land
contiguous thereto, to the province of the Massachusetts-Bay, who can-
not with justice be required to maintain a fort no longer within their
486
Appendix I.
boundary. In consequence of this, New-Hampshire did maintain this
fort, and paid a demand of arrears for its maintainance, to the Massa-
chusetts-Bay. In the mean time New-York was never a competitor for
the burthen, willing as she is to enjoy the advantage of granting and
engrossing said lands.
THIS being the case, the government of New-Hampshire, by the royal
decree, was obliged to maintain fort Dummer, and it being on the west
side of Connecticut-river, and on this very identical district of land now
in dispute, can that government be justly charged with granting lands
in the province of New-York, when but a little before his majesty in
council had adjudged the same lands to be in the said government of
New-Hampshire and ordered them to defend it, as by maintaining fort
Dummer, &c. Surely at that time New-Hampshire did extend its juris-
diction westward of Connecticut-river; otherwise the king had ordered
the government of New-York to have maintained fort Dummer. Noth-
ing can be more flagrantly evident than, that the government of New-
Hampshire had a right to grant crown lands where the crown compelled
them to defend. From hence it appears, that the government of New-
Hampshire had a legal right to grant the lands now in dispute, and that,
that government and his majesty's good subjects, the grantees of and
settlers on the said lands, acted upon honest and honorable principles,
in granting, purchasing and settling the same, and on the other hand it
appears, that the government of New-York, in regranting the same land,
acted quite the reverse, and the more unpardonably so, as they granted
great part of it in open defiance to his majesty's authority manifested
unto them by his express prohibition, dated the 24th day of July 1767.
FROM what has been already elucidated it appears, that the adminis-
tration of Great-Britain had adjudged in 1739 and confirmed in 1755, that
the government of New-Hampshire extended westward of Connecticut-
river, and that this was the general sense of the nation (till ascertained
as aforesaid) is real matter of fact.-True no determination of his maj-
esty or reports of the lords of trade had before particularized how far
the government of New-Hampshire should extend west of Connecticut-
river: but such determinations of theirs mightily strengthened the com-
mon opinion, nay, fully confirmed it, that that government extended
westward to a twenty miles distance east from Hudson's river. This was
the opinion of both king and subjects at the time the government of
New-Hampshire granted those lands; and adventurers could not con-
ceive of any intermediate boundary in one place more than another,
between Connecticut-river and the twenty mile limit aforesaid; nor had
they any apprehension that the government of New-Hampshire would
extend to the westward of that limit. This twenty mile line took uni-
versal' and deep impression on the minds of geographers, and was the
understanding of the British empire, and was thus portrayed in all for-
mer maps. The certainty of this general opinion may be further illus-
trated from the consideration that none of the British subjects applied
to the government of New-York for grants of those lands, till after the
alteration of jurisdiction in 1764, except it be, as is pretended by the
New-York scribblers, that their government extended patents from
within the said twenty mile line across the same, and on some part of
the premises in dispute, many years before the government of New-
Hampshire granted those lands-which will be hereafter considered:
But, would further add, it is matter of dispute whether the administra-
tion at home would recognize those patents granted by the government
of New-York, on the premises aforesaid; though antecedent to those
granted by New-Hampshire, inasmuch as the royal adjudication, in 1764,
could not antecedently impower the government of New-York to grant
Appendix I.
487
them lands, which by royal adjudication of the line of jurisdiction be-
tween New-Hampshire and Massachusetts-Bay, fell within the govern-
ment of New-Hampshire in 1739, as aforesaid. However, for argument
only, we will suppose the governments of New-Hampshire and New-York
had each of them equal authority to grant those lands-then on this
stating the case, prior granting would of consequence be priority of title.
The first conveyance, upon this hypothesis, being good and valid both in
law and equity, must necessarily defeat any subsequent grant from the
crown or its representatives, being as authentic, to all intents and pur-
poses, as any conveyance of the fee of land from the crown can possibly
be. Thus it appears upon this most favorable concession to those on the
part of New-York, that the argument preponderates in favor of the claim-
ants under New-Hampshire, as their grants are prior to those of New-
York, (except in the instances of the old patents, yet to be considered.)
FURTHERMORE, it appears by the express words of the New-Hamp-
shire grants, that the grantees were not only entitled to the fee of the
lands therein described, but also to all the enfranchisements, and each
and every of the privileges and immunities that by law his majesty's
subjects in the province of New-Hampshire enjoy; so that at the same
time the grantees were vested with the fee of the land, they were en-
franchised with, and entitled to all the privileges and immunities con-
tained in their charters; as the holding of fairs, choosing town officers,
and making and mending their own roads, &c. It is therefore humbly
conceived, that provided it should be the future pleasure of his majesty,
to continue the said lands in the jurisdiction of New-York, (which by the
settlers aforesaid is hoped will not be the case) that the claimants and
settlers under the said grants, will nevertheless have his majesty's gra-
cious approbation to enjoy without let or molestation, the privileges of
incorporation therein contained; the grantees having ever considered
those privileges as inseperably connected with the grant of the fee-
simple.
FR
SECTION III.
ROM the facts and reasons that have been advanced in the foregoing
sections, manifestly appears, that the title of the claimants under
New-Hampshire to the lands in question is indefeasible; yet still there
are sundry considerations that may serve more abundantly to confirm
and establish this title beyond hesitation. As,
FIRSTLY, The far great part of the extent of jurisdiction of the prov-
ince of New-York, and great part of New-Hampshire, depended entirely
on his majesty's pleasure, being wholly in the arbitration of the crown,
to be either curtailed or extended. The real grant on which the original
circumference of the government of New-Hampshire founded, ex-
tended but sixty miles from the sea into the country, to the westward,
terminating about twenty miles east of Connecticut-river. This govern-
ment was afterwards enlarged by his majesty's commission to Benning
Wentworth, Esq; governor of that province, directing it to extend to the
westward until it should meet with his majesty's other governments.
Which clause of western extention in the said commission, as well as
the royal adjudication of the boundary line between this government
and the Massachusetts-Bay in 1739, and report of the lords of trade in
1755, and many other arguments mentioned in this and the foregoing
sections, all on the part of New-Hampshire, amount to sufficient evidence
that their government extended so far west as twenty miles east of Hud-
son's river. And with respect to the province of New-York, its original
488
Appendix I.
northern circumference terminated south of the city of Albany, and
afterwards, as plantations are [were] extended northerly, either on pa-
tents procured immediately from the crown or government, or meer set-
tlements on extra-provincial lands, commissions from the king to the
respective governors were enlarged, as in the example following, viz.
A. M. Esq; captain general, governor and commander in chief in and
over the province of New-York, (then follows the enlargement,) and the
territories depending thereon in America.'-These territories are that
extention of jurisdiction beyond their first circumscribed limits, termin-
ating south of Albany, called the province. This territorial extension
of jurisdiction is altogether in the arbitration of the crown to curtail or
extend as before represented. This being the case, the respective gov-
ernors can no other way be judges of the extent of their jurisdiction,
but by directions given them in their commissions, together with his
majesty's express proclamations, and public determinations relative
thereto, as in the instance of the royal adjudication in 1764; a publica-
tion of which by his majesty's order, gave his subjects to understand,
that it was his pleasure that the territorial jurisdiction of New-York
should extend to the west banks of Connecticut-river, which includes the
disputed premises within that government. Before this it was impossi-
ble for the subjects to know it; if they could have understood it without
his majesty's proclamation certifying the same, such proclamation would
have been needless and impertinent. The truth of the matter is, his
majesty, in 1739, determined New-Hampshire government should cover
the present disputed premises; he altered his determination in 1764,
whereby New-York extended its territories over the same land. And
the king has an undoubted right to alter and regulate the jurisdiction
of royal governments as may seem to him mete, so long as his royal
power exists; and for New-Yorkers to amuse people of common sense,
pretending that it is the ancient and indisputable right of the colony of
New-York to extend to the west banks of Connecticut-river, as its eastern
boundary, is the very height of folly. It was in the nature of things
absolutely impossible his majesty himself should have known that to
have been the case the moment before he determined it, and equally
inconsistent that the subjects should know it before his majesty pro-
claimed it.
FURTHERMORE, it appears by the representation which was laid be-
fore his majesty by Lieutenant governor Colden, as an inducement to
prefix the west banks of Connecticut-river [as] the eastern boundary of
the province of New-York-That they were arguments of conveniency,
holding up to view that it would be greatly to the advantage of the in-
habitants on the New-Hampshire grants to be under the jurisdiction of
New-York; which arguments are incompatible with the idea of antece-
dent right of jurisdiction. Likewise, from hence we may see the incon-
sistency of that government or its patentees, in founding their right in fee
to the lands in contest, by virtue of the said royal adjudication of the bound-
ary line on the west banks of Connecticut-river; inasmuch as it cannot
operate to their advantage antecedent to the date of that adjudication,
and afterward cannot be considered any thing more than a mere line
of jurisdiction between the respective governments.
IT should be furthermore considered, that neither governments were
vested with the fee of those lands; their case, in this respect, is quite
the reverse of that of proprietary governments, who have a right to ap-
propriate the soil. In royal governments, it is true, the governors have
a delegated authority from his majesty to grant crown lands; and in
such governments it is a prerogative of the crown to alter the limits of
jurisdiction; his majesty hath a right to re-annex the disputed premises
Appendix I.
489
to his province of New-Hampshire, (in which it formerly was, and on the
faith of which the claimants under that government purchased and set-
tled the same lands,) or incorporate it into a new government, or con-
tinue it under the present jurisdiction, as his royal wisdom may discern
to be best for the governed: But, upon such alterations of jurisdiction,
private property is never changed or subverted. For, if the property
of the subject be in the arbitration of the crown, and liable to the same
vicissitudes and changes with jurisdiction, this would destroy the very
nature of property, and would render a king absolute, and despotic,
which is perfectly inconsistent with the constitution of the kingdom.-
Therefore, to convey or alienate property, is the sacred prerogative of
the rightful owner.-Kings and governors (in the kingdom of Great-
Britain) cannot intermeddle therewith. There is indeed as much differ-
ence between the change of jurisdiction, and transfering the property of
the subject, as there is between light and darkness, although since the
said royal adjudication in 1764, the New-Yorkers have endeavored to
blend them together to answer sinister and lucrative purposes.-They
were sensible, undoubtedly, that such the aforesaid arguments were con-
clusive against their monopolizing the fee-simple of said lands; and as
it is very common for people, who are upon a design of engrossing the
property of their neighbour, to set up some specious pretence of right,
to vindicate themselves from the imputation of dishonor and reproach;
so in the present case, the New-Yorkers endeavored to draw the curtain
of the duke of York over their knavery, and under the feigned character
of heirs, to that apostate duke, claim the lands aforesaid, and fancy
themselves the owners of towns, (fields) and houses that they builded
not.
SECTION IV.
LTHOUGH the arguments contained in the foregoing sections are
A full and conclusive, relative to the nullity and nothingness or the duke
of York's grant, at least such part thereof as concerns the present dis-
pute; and that neither the government of New-York or its patentees
gain any manner of title to the land in contest, by predicating it on the
validity of that grant, yet the general assembly of the said province in
their state of the rights, &c. venture the stress of their whole cause
thereon, and deduce all their arguments of title to those disputed prem-
ises therefrom: It is therefore partly out of compliment to them, as well
as more fully to invalidate, and apparently demonstrate, to every capable
judge, the utter insufficiency and defeat of title to those lands, by con-
veyance from the government of New-York, that the grant of [to] the
duke of Fork is here brought under consideration: and in order thereto,
it is necessary that the second grant be here inserted, which is tran-
scribed from the New-York pamphlet verbatim.
“EXTRACT of King CHARLES the Second's Grant of the Province
"of New-York, to his Brother JAMES, Duke of York.
66
'HARLES the second, by the grace of God, King of England, Scot-
"whom these presents shall come, greeting: Know ye that we, for divers
good causes and considerations, have, of our especial grace, certain
knowledge and mere motion, given and granted, and by these presents,
"for us, our heirs and successors, do give and grant unto our dearest
"brother, James, duke of York, his heirs and assigns, all that part of the
"main land of New-England, beginning at a certain place, called or
"known by the name of St. Croix, next adjoining to New-Scotland in
33
490
Appendix I.
66
64
66
،،
"America; and from thence extending along the sea coast, unto a cer-
"tain place called Petuaguine or Pemaquid, and so up the river thereof
to the furtherest head of the same, as it tendeth northwards; and ex-
( tending from the river of Kenebeque, and so upwards by the shortest
course of the river Canada northwards: And all that island or islands,
commonly called by the several name or names of Matowacks or Long-
"Island, situate and being towards the west of Cape-Cod; and the Nar-
row Highgansetts, abutting upon the main land; between the two riv-
ers there called or known by the several names of Connecticut and
"Hudson's-river, together also with the said river called Hudson's, and
"all the lands from the west side of Connecticut-river, to the east side of
"Delaware bay: and also, all those several islands, called or known by
"the name of Martin's [Martha's] Vineyard, and Nantuckes, otherways
"Nantucket; together with all, &c. Dated the twenty-ninth day of June,
"in the twenty-sixth year of the reign of king CHARLES the second."
L6
IT appears from the sequel of the representations, narratives and ar-
guments contained in the New-York pamphlet, that the government of
New-York do not pretend to any conveyance of the fee of the lands in
contest from the duke of York. But their grand bypothesis is, that the
jurisdiction of their government from the first establishment, was pred-
icated on, and bounded by the descriptive limits of the said grant; and
consequently, that the disputed premises was never in the government
of New-Hampshire; and, that that government never was vested with.
authority to grant those lands, and also consequently, that the grants by
them made, are in their own nature void. This is the sum of the New-
York arguments relative to their title to those lands. Here
FIRST, it is necessary the descriptive limits of the above rehearsed
charter be brought under consideration; which includes the countries of
St. Croix, adjoining New-Scotland, Pemaquid, the river Kenebeque, and
the islands known by the name of Martin's Vineyard, Nantucket, &c.
All these countries lying east of Connecticut-river, and within the actual
jurisdiction of the provinces of the Massachusetts-Bay, New-Hampshire,
&c. and at present not contended for on the part of New-York. Their
general assembly, in the "state of the right," &c. had done well to have
informed the public, whether their "ancient and indisputable right" of
jurisdiction extended to every part of the descriptive limits of the grants
aforesaid, and if not, to which part it was circumscribed; and when
done, and by what authority; whether their governors' commissioners,
[commissions,] at any time, particularized and determined to what part
of the limits of the said duke's grant their jurisdiction should extend
more than another, or to the whole; or, whether any royal edict or proc-
lamation, had ever thus given them such predicated limits of jurisdic-
diction: this is absolutely necessary for them to do, in support of their
title to the lands in question. And furthermore, it is requisite for them
to demonstrate that those lands were actually contained in such their
former limits of jurisdiction: but, if the government of New-York, from
royal determination, cannot extend jurisdiction to any one part of the
descriptive limits of the grant aforesaid, more than to another; then, on
this hypothesis, their jurisdiction includes the whole limits contained in
the grant, or none at all; that it includes the whole, will not be pre-
tended, and that any party, as predicated on them limits, cannot be made
to appear: but on the contrary, it appears his majesty and council had
no reference to any part of the limits of this grant, in determining the
boundaries of the jurisdiction of New-York in 1764, as may appear from
the royal order icself, an extract of which is as follows: His majesty
"with the advice of his privy council, doth order and declare, That the
"
Appendix I
491
"west banks of the river Connecticut, from whence it enters the prov-
"ince of the Massachusetts-Bay, as far north as the forty-fifth degree of
"northern latitude, to be the boundary between the said two provinces."
That parallel of latitude is also established its northern boundary. The
source of Connecticut-river is supposed to be something to the northward
of latitude forty-five, and comes much from the north-east, a consid-
erable distance after it passes that latitude; but it is notorious, that the
source of Hudson's river is far south of it; so that by comparing the de-
scriptive limits of the duke of York's grant, with those expressed in the
royal order, they will be found to be materially different. The limit of
that part of the duke's grant which respects the present arguments, is in
the words following: "Together also with the said river called Hudson's
river, and all the lands from the west side of Connecticut-river to the
"east side of Delaware-bay;" which limit, in any possible construction
of it, can include but part of the disputed premises, (which said prem-
ises extend and are bounded on the forty-fifth degree of north_latitude,)
as will more fully appear in a further discussion of that line. But,
66
FIRST, it is manifest that the king and privy council, in determining
the extent of the jurisdiction of the province of New-York, did not pro-
ceed upon the idea of that government's having any antecedent right
of jurisdiction to those lands. Had that been the case, the royal order
had been predicated on the boundary lines of the duke's grant aforesaid,
and could not have comprehended any more land than from the west
“side of Connecticut-river to the east side of Delaware-bay:" and these
bounds are so loose, vague, and indeterminate, that it is altogether im-
possible to found a line of jurisdiction thereon, as will more abundantly
appear by the following observations on the descriptive limits thereof,
which may be seen at large in the fore part of this section. Therefore,
such part only as is necessary for the consideration of the indetermin-
ate bounds before spoken of, is here quoted; which, after describing the
situation of Long-Island, and that it abuts upon the main land "between
"the two rivers there called or known by the several names of Connec-
"ticut and Hudson's river," begins the description under consideration,
together with the said river called Hudson's river." Observe, that as
the description of this river is not immediately connected with any fore-
going or following discriptions in said grant; nothing more can possibly
be included in it, but a discription of the river only, exclusive of one
foot of land on either side. The second discription" and all the land
"from the west side of Connecticut-river to the east side of Delaware-
bay." The best mathematition on earth cannot ascertain these limits,
except upon arbitrary principles, as there can be no prefixed place on
Connecticut-river where to erect the first bounds; and as to any particu-
lar place on the "east side of Delaware-bay," where to erect a second, is
altogether undetermined in this discription: But, inasmuch as it in-
cludes all the land from the west side of Connecticut-river, &c. there is a
little better foundation to establish the first bounds than the second.
seems in order to include all as aforesaid, it would be necessary to ex-
tend either to the head of the river, or to the most northerly extention
of the whole stream, to make the first bounds; and provided this imag-
inary bounds should extend north of the forty-fifth degree of northern
latitude, it would so far exceed the settlement of the line in 1764. Be
this as it will, the most northerly part of the river, which would most
likely be the head, would be the most favorable on the part of New-York,
for to establish a first bounds, and from thence to extend a straight line
to some place on the east side of Delaware-bay; this is something of a
natural construction, on the undeterminate descriptive limits aforesaid,
without exploring Connecticut-river, which in this case is necessary.
66
It
492
Appendix I.
((
And, first, in tracing said river to its source, it is found towards its ex-
tremity, to come much out of the northeast. This being the case, a
straight line from its head to Delaware-bay, would cross said river and
include a large tract of land on the east side, and perhaps cross the river
sundry times. The consequences may be drawn thus, that where the
line may be supposed to cross the last time ought to be the first real
north boundary of the "ancient and indisputable" limit of jurisdiction
of New-York. For, if the bounds at the head of the river before spoken
of, be so established, it would include considerable land on the east side
of the river, within the old boundary of New-York, which is contrary to
any idea to be gained from the descriptive limit aforesaid, viz. “ and all
"the land from the west side of Connecticut-river," &c. Still it may be
queried whether there may not be another proposed first boundary bet-
ter purporting [comporting] with the description of "and all the land
"from the west side of Connecticut-river to the east side of Delaware-
bay," between the head of the river, and the place where the imagin-
ary line was supposed to pass? To this it may be answered, that a place
between these two, so far up the river as in tracing a straight line from
thence to Delaware-bay, would not cross the river, may better agree with
the above description: Still, from none of these imagined lines, from
the different imagined bounds, or from any other projected, possible,
first bounds, can such a straight line be ascertained, till the place for the
south-western boundary on the "east side of Delaware-bay
19 be estab-
lished. And the vagueness of the descriptive limits is so great, that it
cannot be determined whether that bounds shall be at the northern ex-
tremity of the east side of Delaware-bay, or at the southern, where it
communicates with the main ocean, or at any other intermediate place
between these two: so, that from the uncertainty of the second bounds,
it is impossible to establish the first, so as exactly to include "all the
"land from the west side of the said river to the east side of said bay,”
and no more. And
THUS it is demonstrated from the vagueness, uncertainty and abso-
luteness of the descriptive limits of the grant to the duke of York, be-
fore quoted at large, that it is in the nature of things absolutely impos-
sible to ascertain it. From hence follows a second necessary inference,
viz. That it is equally impossible and contradictory, that governmental
jurisdiction should be predicated thereon; for an ideal uncertain juris-
diction, in its own nature incapable to be determined, is in reality none.
at all. And from hence follows a third inference which determines the
sequel of the argument on the subject of property, concerning the lands
in question, to be in favor of the claimants under New-Hampshire: For,
it is in the last place equally contradictory and impossible, as in the case
of the absurdity of ascertaining the limits of the pretended "ancient"
jurisdiction of New-York, predicating it on vague and undeterminate
boundaries, that, that government should predicate their right to the fee
of lands by them thus unascertainable; for as uncertainty and natu-
ral impossibility of a jurisdiction's being rendered determinate makes it
in reality to be none at all; so the idea of property, predicated thereon,
is equally impertinent. True it is, by the royal determination in 1764,
the east line of New-York extended to the west banks of Connecticut-
river, which may be foundation for conjecture, that that limit might have
reference to a description in the duke's grant aforesaid, "and all the
"lands from the west side of Connecticut-river," &c. Yet when the rep-
resentation made by lieut. governor Colden, to his majesty in council, as
mentioned in this pamphlet, under the head of the narrative, &c. comes
to be considered, it will reflect light on this point. The arguments made
use of in the said representation were those of conveniency and advan-
Appendix I.
493
tage to the settlers on those lands to be in the government of New-
York: and, that the west banks of Connecticut-river was a good and cer-
tain boundary, &c. These were undoubtedly the preponderating
motives of determining the west banks of Connecticut-river to be the
east boundary of New-York, and such arguments are utterly inconsis-
tent with the notion of an "ancient indisputable right" of jurisdiction.
THERE is still another consideration which may be of moment in the
observation of this, so trumpt up, ANCIENT RIGHT OF JURISDICTION
of the province of New-York, to the lands in contest: If it be admitted
a line should be drawn from the most northerly part of Connecticut-river
to the most northerly extremity of Delaware-bay; still, it is by no means
probable such line would include more than one half (if so much) of the
lands in dispute so far as may be judged from the latitude and longitude
of the respective objects: for considering the course of Connecticut-river,
which is nearly from north to south, except towards its extremity; and
the sea coast, from the river's mouth, together with Delaware-bay, form-
ing also an indented line to the south of west; the land included in these
limits, by a line drawn from Connecticut-river to Delaware-bay as afore-
said, would (excepting the small promontory formed by the mouth of the
bay and the ocean) lye in the figure of an obtuse angled triangle; and
the course of the said line from the river to the bay, according to occu-
lar survey, would be from the northeast a southwesterly direction;
which very badly comports with the present north and westerly exer-
cise of jurisdiction of the government of New-York, at Crown Point,
Detroit, &c.-It may here well be observed, the settlers under New-
Hampshire seem to be in a critical situation; every arbitrary measure
under the present administration of the government of New-York is
exercised against them; and provided they flee to the eastward to pro-
cure inheritance, there they are fore-closed, the descriptive limits of the
said ancient jurisdiction covers them, (to wit) the countries of St. Croix,
Pemaquid, Kenebeque, Nantucket, Martin's Vineyard, &c.—Yet there is
another large unknown country to the west and northwest, which has
been but partly explored; and provided these people, instead of fleeing
to the eastward, should turn their course to those countries; there, it is
indisputable but that New-York would encircle them with another odd
description of domain contained in their governor's commissions, i. e.
A. B. captain general governor and commander in chief in and over
the province of New-York,” next follows the description hinted, “and
"the territories depending thereon in America.”
FROM the foregoing descriptions of the government of New-York, it
appears they lay claim to so extensive a domain three different ways, or
have three different modes or modifications in comprehending and en-
grossing their progressive limits. As,
1stly. THE province of New-York which falls short of and termin-
ates considerable south of the city of Albany.
2dly. "The territories depending thereon in America,” -These terri-
tories comprehending such plantations, on extra-provincial land, as are
and have been carried on adjoining to the province till its territories are
at present extended to Detroit, and the neighbourhood thereof, &c.
3dly. THE limits of the duke of York's grant, and inasmuch as the
grantees and settlers on the lands in dispute hold their title under New-
Hampshire, and that government had for several years exercised their
jurisdiction over those lands, even till 1764-Therefore in this case the
government of New-York could not extend their territorial sort of ju-
risdiction over the premises; for such sort of jurisdiction might be chal-
lenged on the part of New-Hampshire (if it should be admitted at that
time said premises were extra-provincial lands) and that with far the
494
Appendix I.
(6
most propriety, inasmuch as that government had granted the land and
began settlement thereon. Add to this the following clause in governor
Wentworth's commission, which they viewed to be of great weight in this
case, which, after describing the former limits of New-Hampshire, [added]
"and from thence extending west till it meets with his majesty's other
governments." Add to this also, the reasons held forth in the chain of
arguments, contained in the three first sections; all which were too po-
tent for the New-York territorial sort of dominion to frustrate. At that
juncture therefore, the lawyers, land-jobbers, politicians, &c., planned
out the aforesaid three modes of jurisdiction, predicating it on the de-
scriptive limits of the grant to the duke of York. And on this new
moddled plan breathed an air of "ANCIENT AND INDISPUTABLE right
OF" jurisdiction, and consequently to the fee of the lands in contest.
RIGHT
THE first intimation that ever saluted the ears of the public, asserting
it to be the ancient right of the colony of New-York, to extend to Con-
necticut-river as its eastern boundary, was discovered from a proclamation
given under the hand of William Tryon, Esq; governor of the province
of New-York, &c., and dated the 11th day of December, 1771. His proc-
lamation begins after the following manner: Whereas it is the ancient
"and incontestible right of this colony to extend to Connecticut-river, as
"its eastern boundary."
THIS was drawing a positive conclusive [conclusion] from fictious, [fic-
titious,] and till that time, unheard of premises, and rather influenced
people in the several governments, to purchase and settle under New-
Hampshire, than diswade therefrom; for common fame and common sense
were a barrier against the belief of this New-York doctrine, which
from the time of the royal adjudication in 1764, was by the proclamation
aforesaid, antidated to ancient." That this doctrine till then was in-
contested, is thought to be true; for it had but then peept to public con-
sideration, and has ever since been contested.
1.
SHOULD this their new hypothesis be admitted, yet, as hath been be-
fore observed, these limits could include but part of said lands, according
to the best judgment that can be formed without an actual and accurate
survey of the descriptive limits of said grant; which if the New-Yorkers
can do and fairly demonstrate, to any able mathematicians, and compe-
tant and impartial judges, that they have rightly ascertained those limits,
it is engaged on the part of the claimants under New-Hampshire, that
they shall yield up to the land-jobbers of New-York, their lands and la-
bour: an object which undoubtedly would be grateful and pleasing to
them; and which they have many years been in pursuit of, and have
hitherto had the mortification to be baffled. It is very incumbant on
the government of New-York, in order to found title to those lands on
this new scheme,
FIRSTLY, to ascertain the limits of their imaginary bounds. This the
claimants under New-Hampshire, will expect compleated, or to hear no
more of those“ ANCIENT AND INCONTESTIBLE" boundaries of New-York.
SECTION V.
HE general assembly of the colony of New-York, in their state of the
right of that colony, &c., page 3d, wave the right of the English by
first discovery, as being foreign to their purpose, and that the Dutch pos-
sessions are only material to be supported; and claim no further right by
way of the Dutch, but priority of possession. Yet in the same page in-
form, "when the first war between England and Holland became inevit-
"able, king Charles the second, by letters patent dated the 12th day of
Appendix I.
495
.6
March, 1663-4, granted to his brother the duke of York the tracts of
“country, which comprehended New-York. To render this gift effectual,
before the war was proclaimed, a fleet and land forces were sent out to
"remove the Dutch and put the duke in possession." The circumstances
that attended the making this grant, and sending the armament to render
it effectual, is a sufficient reason to determine that the government at
home, at that time, viewed the Dutch settlement as an intrusion, and
possession (which is all they rely on) gained by trespass, in legal con-
struction, is no possession at all. That the English had prior right to all
the countries from forty to forty-eight degrees of north latitude, by vir-
tue not only of discovery by Sebastian Cabot, and others, but by being in
actual possession of several parts of the premises, is matter too well
known to be disputed.
WHETHER there was real seisin in the crown or not at the time of
granting these countries, is not truely in question; since every grant so
made is incontestibly valid against the king, his heirs and successors;
and the colony of New-York being entirely dependant on the crown of
Great-Britain for their title, priority of charter is therefore necessary to
be determined.
THE grant of king James the first to the council of Plymouth, bearing
date at Westminster, the 13th day of November, in the eighteenth year of
his reign, comprehends all the lands, islands, &c., from forty to forty-
eight degrees of north latitude, through the main land from sea to sea.
"On the 19th day of March 1628, the council of Plymouth under their
"common seal, did grant to Sir Henry Roswell, Sir John Young, and
"others, their heirs and associates forever, all that part of America lying
"between the great river there, commonly called Monomack, alias Mer-
“imack, and Charles river, within the space of three miles to the north-
"ward of the same river, called Monomack, alias Merimack, or to the
nothward of any or every part thereof, and in length and longitude of
"and within all the breadth aforesaid, throughout the main lands there,
"from the Atlantic or western sea or ocean on the east part, to the South
"sea on the west part.
THIS deed of sale at the suit of the grantees, with a charter of incor-
poration, was granted and confirmed by king Charles the first, the 4th
day of March 1629, wherein the_limits are exactly the same with those
in the Plymouth conveyance; and the proviso of Charles, that the actual
settlement of the subjects of other christian states [was] to determine
the extent, the same as was the proviso in James's grant to the Plymouth
company.
THIS same charter of incorporation was adjudged void in the high court
of chancery of England in 1684; from which the assembly of New-York
in their state, &c., page 5th, take occasion to say "the title of that colony
now solely depends on their new charter of 1691." Nevertheless, the
right of soil to all and every part of the deed of sale aforesaid, remained
indefeasible; for, only animadvert back to the Plymouth conveyance, and
observe, that the right in fee, was by them conveyed to the grantees; and
trace it to king Charles's charter of incorporation, which only vested the
grantees with powers of government. Though it is true, this charter
contains all the formality necessary in the conveyance of the fee; yet is,
so far as respects the fee, no more than a duplicate of what was before
granted, which neither adds nor deminisheth; and it is easy to see, that
the court of chancery could not vacate or make void, at most, any thing
more than those incorporate privileges; and likewise as easily discernable
that nothing more was attempted. Thus the colony of the Massachusetts
still hold their right in fee, by conveyance of king James to the council
of Plymouth, who were their grantors,
496
Appendix I.
66
IN the next place it may be observed, that in 1691 the privileges of in-
corporation were restored; tho' our authors in their state &c. endeavor
to curtail the colony of the Massachusetts, by construing their last char-
ter to extend no further west than the east limit of the colony of Con-
necticut. Their words are these, "these words (as far as) being in the
case of the grant of the crown on the suit of the party, in legal con-
"struction, carry the Massachusetts-bay colony no farther westward than
"till it meets the colony of Connecticut, and not to Connecticut-river,
"and much less to the westward of it." Be these bold assertions as
they will, and provided it be here admitted, for argument sake, that the
powers of jurisdiction of the province of the Massachusetts-bay be ever
so much curtailed, yet one proposition we can verily be assured of, viz.
That it is not in the power of king or chancery to curtail or deprive
them of their property.
IT is to be further observed, that however our authors may criticise
upon the gramatical or legal construction of selected words or phrases;
yet, a little attention to the following real facts, will clearly point out the
inconsistency of such sophisms.
FIRSTLY, Connecticut charter, granted by king CHARLES the second,
the 23d day of April 1662, was bounded and extended in length, by and
with the Massachusetts first charter, granted by king CHARLES the first,
the 4th day of March 1629, which incontestibly extended agreeable with
the aforesaid descriptive limits of the deed of sale from the council of
Plymouth to sir Henry Roswell, sir John Young, &c. and extended through
the main land in longitude to the south sea on the west part.
THIS charter, as above, being nullified in the high court of chancery
of England in 1684, and restored again in 1691, wherein the west extent
is predicated by that of Connecticut, and this west limit of Connecticut
being predicated by the old charter of the Massachusetts-bay, and express-
ly extending in longitude to the South sea on the west part, exactly ex-
tends the present charter of the Massachusetts-bay, with its powers of
jurisdiction, to all and every part of the limits of the old nulled charter.
This is the natural and legal sense of the present charter of the colony
of the Massachusetts-bay, predicated on undeniable facts.
66
IN the next place 'tis necessary to consider the charter of Connecticut,
which our authors inform should not extend west of Connecticut-river, in
the words following: "This being a crown grant on the suit and peti-
"tion of the grantees, is to be taken most beneficially for the king. The
descriptive words, and the intention of the grant, will in legal con-
"struction be satisfied by giving the colony the same length as the Mas-
“sachusetts-bay; and it is plain both from the recital and the saving
"clause in the Plymouth patent, on which the Massachusetts's title was
"founded, that the latter cou'd not in any sense, extend to the westward
"of Connecticut-river." As this their assertion is founded on the hipoth-
esis of Connecticut charter's being predicated on that of the Massachu-
setts's, and therefore the arguments before exhibited on that head, are
equally conclusive for the establishing the western extent of Connecticut,
nothing more is necessary for that purpose, but a recital of the descrip-
tive words of their charter, granted subsequent to their purchase from
the council of Plymouth by king CHARLES the second, the 23d day of
April 1662, "bounded on the east by Narragansett-river, commonly called
Narragansett-bay, where the said river falleth into [the] sea; and on
"the north by the line of the Massachusetts plantation; and on the sea,
"and in longitude as the line of the Massachusetts colony, running from
"east to west: that is to say, from the said Narragansett-bay on the east,
"to the South sea on the west part." Thus it appears, and [not] only
by the demonstrations aforesaid, but from the express words of the de-
66
Appendix I.
497
scriptive limits of the charter itself, which cannot admit of a double
meaning, (curious as our authors be in the art of playing with words,
they have not attempted to obviate their literal meaning,) that it is the
unquestionable right of the colony of Connecticut to extend its western
boundary to the South sea on the "west part;" and in this that colony
agree, who are now challenging their right in fee to those limits, and ac-
tually making plantations, as at Susquehannah, &c.
66
""
A
By this time, undoubtedly queries will arise in the mind of the reader
what will become of the grant to the duke of York, if the Massachusetts
and Connecticut colonies extend "to the South sea on the west part?”
The following intelligence from our authors will introduce an answer to
this query; who, after describing said grant further inform in page 3d
of the state, &c.-That "a fleet and land forces were sent to remove the
Dutch and put the duke in possession." Accordingly, on the 27th day
of August 1664, the Dutch governor Stuyvesant, surrendered by capitu-
lation, all the countries the Dutch then possessed, to King CHARLES the
second; when among other terms it was stipulated, "that all the people
"shall remain free denizens, and shall enjoy their lands, houses, and
goods, wheresoever they are within this country, and dispose of them
"as they please. Thus by conquest, the king became revested with his
right to the lands conquered: for, as the king had antecedently disposed
of the estate the crown was possessed of in these countries, to the colo-
nies of Connecticut and the Massachusetts-bay; therefore his right now
could not extend any further than the actual conquest, which, in legal
construction, must be satisfied with, and can extend no further than the
actual possessions described in the forementioned capitulation.
further information is in page 4th, "To remove any doubt of the valid-
"ity of the duke's title, either from the want of seisin in the crown when it
“originated, or on account of the intermediate conquest by the Dutch,
it was confirmed to his royal highness by further letters patent, dated
the 29th day of June 1674." That there was want of seisin in the crown
at the time of first granting, is incontestible: for, as above said, the king
by antecedent grants had divested the crown of its right, and by this
conquest became revested: So that from this, occasion will be taken to
say, that in fact the province of New-York was originally founded on
conquest, and the limits of it, as before mentioned, circumscribed by the
Dutch possession pointed out in the terms of capitulation. However
unfavorable this conclusion may be thought on the part of New-York,
yet, as the crown had, prior to either of the duke's grants, disposed of
its right to the Massachusetts and Connecticut colonies—if it was not thus
founded on conquest, it hath no foundation at all; and its having any
place for existence, is but an "intrusion on the rights" of those other
colonies. Furthermore, it is mysterious and contradictory, admitted that
that government was thus founded, to suppose the duke could be lord
proprietor; inasmuch as by the conditions of capitulation, the fee then
acquired to the crown, passed to the Dutch inhabitants, who then became
English subjects.
..
66
THOUGH this tract of land now in contest, was contained in the origi-
nal grant to the council of Plymouth, yet as they never made any con-
veyance of it, therefore it reverted to the crown on the surrender of that
grant, the 7th day of June, 1635. From which it may be objected, on the
part of New-York, that the above conciseness in the circumscription of
the boundaries of their colonies is too great; for, that the grant to the
duke must hold good where the crown, at the time of granting, was
vested with a right to the lands granted. In answer, it has been argued
in the preceding section, that it is very uncertain whether the limits of
the duke of York's grant included this tract of land, or if any, how
498
Appendix I.
great a part; and that the limits of said grant cou'd not be ascertained
—and that governmental jurisdiction, and property, cou'd not be predi-
cated on such obsolete and uncertain bounds. It was also demonstrated
in the first section, and will be further observed in this, that the duke of
York's grant reverted to the crown, and that the landholders in the gov-
ernment of New-York hold under the crown, and that, if it did not re-
vert to the crown, the fee is still in the duke, his heirs and assigns, and
no landholders in the government are vested with the fee of the lands
they possess, &c.* It would be too tedious as well as needless to recite
the arguments that have been offered in the three first sections, which
is hunibly conceived are abundantly sufficient to answer the aforesaid
objection, and fairly demonstrate priority of title to be in favor of New-
Hampshire; to which the curteous reader is referred for a consideration.
As has been before observed, the design of the duke of York's grant
was to include the Dutch possessions; or in other words, that it never was
valid any further than to such possession, which, by conquest, reverted
to the crown; and no farther than these limits, to interfere with the char-
ter colonies of the Massachusetts and Connecticut. And as twenty
miles line to the eastward from Hudson's river would include the most
eastern extent of the afore-mentioned possessions, [this is] the reason why
such a line was agreed to as the boundary between the colonies of Con-
necticut and New-York: But, as these possessions to the northward of
Connecticut, fell far short of this twenty mile line, or were so inconsider-
able and uncertain as not to come within the capitulation reserve,
therefore the Massachusetts colony contended with New-York for a
further western extent than twenty miles east from Hudson's river; but
the restless government of New-York, ever uneasy within its own
boundaries, presumed, unrelenting, to intrude on, and contesting for the
just rights of the Massachusetts, by extending their patents far to the
eastward of twenty miles from Hudson's river; in consequence of which
the greatest disturbances have arisen between the inhabitants of the re-
spective colonies, and sundry of the conflicts so severe, that human
blood spilt in the contest redened the hands of the intruders; but finally
a boundary line was agreed to by the respective governments in 1773, at
a twenty miles distance from Hudson's river, which has since been rati-
fied by his majesty.
66
IN the state of the right, &c. page 4th, is the most extraordinary ac-
count of alienation of property that is to be found in the annals of his-
tory. "The duke continued proprietor and chief governor of this pro-
"vince till he ascended the throne, when his right merged in the royal
authority, on his abdication it passed to king William, his successor, as
"lord proprietor and royal sovereign." That upon the duke's accession
to the throne his right of government merged in the royal authority will
not be denied, but, that his right in fee consequently passed to king
William as his successor, wants greater proof than a bare assertion; our
authors should have explained this matter; 'tis taken for granted they
will not pretend that king William was heir at law to the duke's estate;
and they mention no conveyance from the duke to the king, but say the
"duke's right merged in the royal authority;" to suppose it is possible
that right should pass to king William, as lord proprietor, is so great an
absurdity that it wants a name.
IN the same page they further inform, that "in the duke of York's
"commissions to his several lieutenant governors, Major Edmond An-
"dross on the first day of July, 1674, and Colonel Thomas Dongan on the
This argument and conclusion is founded on the New York hypothesis, exclusive of the
herein mentioned article in the Dutch capitulation.
Appendix I.
499
+
64
66
"30th day of September, 1682, among other description of the boundaries
of this province are expressly comprehended all the land from the
"west side of Connecticut river to the east side of Delaware bay." Note,
those commissions were from the duke before he ascended the throne;
undoubtedly in his commissions to his lieutenant governors, he had ref-
erence to the limits of his grant, to determine their boundaries; but
after his abdication, and the accession of king William and queen Mary,
we find a commission from their majestys to Henry Slaughter, to be
materially different. "King William and queen Mary, by their commis-
“sion, dated the fourth day of January, in the first year of their reign,
appointed Henry Slaughter, to be governor of the province of New-
York, and the territories depending thereon in America.
The same
assembly (stiled our authors) further inform, that “in all subsequent
"acts and commissions this colony is described by the same words, the
province of New-York, and the territories depending thereon in Amer-
ica." No arguments need be used to prove, for it is self-evident, their
majestys had some different idea of the province of New-York, than
what had been before described by the duke's commissions to his lieu-
tenant governors, and a little attention to the original state of that gov-
ernment, will explain that difference. Our authors further inform, page
17th, "The Ransselaer family are not indebted to the government of
New-York for their estate, they continue to enjoy it by an act of jus-
tice and not of favor; it was originally a Dutch colony of itself, granted
to their ancestors by the Dutch West-India company, who held it as a
part of New-Netherlands, under the states general. On the surrender
in 1664, their rights were secured to them in common with the rest
of the inhabitants, by the before-mentioned article of capitulation
"granted on the surrender of the country, by Col. Nichols, the com-
inander in chief under the crown, and lieut. governor under the
duke: the faith of government was pledged for their security, and
"their estates were confirmed under the seal of this colony in the year
1685, not by the meer act of the provincial governor and council, but
“by an express order of king James the second." They further inform,
page 5th, "So long ago as the year 1685, king James the second, by
letters patent under that seal granted to the Ransselaer family the
manor Renselaerwyck, extended from Hudson's river both on the east
"and west sides twenty-four miles." This manor includes the city of
Albany, and extends near twenty miles to the southward of it; south of
which terminates the province of New-York, expressed in their gov-
ernor's commissions, so that this manor is included in their second de-
scription of domain, viz. "the territories depending thereon,” and ex-
clusive of this clause in the commissions, antecedent to the fore-men-
tioned determination in 1764, the governors of New-York cou'd not ex-
ercise jurisdiction even in the manor of Renselaerwyck, and much less
to the northward of it, as settlements which lay contiguous to those lim-
its seemed necessarily to fall under the jurisdiction of that government.
Thus their territorial sort of dominion hath been extended, without any
prescription or limitation, agreeable to the observation of their cele-
brated judge Smith, who, speaking of that government, said “it might
well be accounted unlimited.
4.
66
IT may be further offered in objection on the part of New York, that
allowing the foregoing arguments relative to the territories, and that
Renselaerwyck was, before the era of the aforesaid determination, in fact
annexed to the government by the territorial clause in the governor's
commissions; yet, nevertheless the duke's grant must be valid to the
northward of that manor, to all the lands it originally covered. This
cannot operate in favor of New-York, for, in addition to what has been
500
Appendix I.
before argued to this purpose, the reader is desired to observe, that king
James the second, who was this same duke of York, abdicated the throne
in 1688, and his estate reverted to the crown of England, and this grant
became vested in the crown, the same as though the duke or his grant
had never had an existance.-Nor have any of their governors commis-
sions, from Henry Slaughter, the first governor appointed by king Wil-
liam and queen Mary, down to this present era, ever been predicated
on, or had the least reference to the limits of that grant.
SECTION VI.
Tsist of Niue 2 with intrusion, violence and encroachment,
HE government of New-York make the greatest outcry against her
and at the same time, are flagrantly more guilty of the same avaricious,
unjust, and hostile wickedness than all the rest of the English America.
Their capricious land-jobbers have a surprising faculty in carrying their
points: at the same time they are encroaching upon their neighbors,
provided they meet with opposition, they will cry out in the most exag-
erating exclamations, violence, riot, treason &c. and at the same time,
not hesitate to trample upon his majesty's authority, (the particulars of
which may be seen in the preceding narrative.) They are great advo-
cates for law, order, and good government; these are their horns of iron,
and with them do they push the poor and needy, when they get them into
their net. Their way is as the way of a serpent upon a rock, and it is dif
ficult to trace their footsteps. They complain of the lawless, factious, and
riotous conduct of the settlers under New-Hampshire; yet know, that
they themselves are the moving cause of all the disturbances they com-
plain of. It is incredible to suppose a collection of farmers exposed to
the perpetual fatigues and laborious toils of cultivating a wilderness coun-
try, should under a just administration of law, become "a confederacy of
insurgents." Was it only that natural presumption being so much in
favor of those inhabitants, it is humbly conceived, that all wise and un-
predjudiced persons, will, at least, suspend their judgments concerning
them, till the New-Yorkers can clearly evince, that these people are in
reality, without cause, tumultuous, disorderly, &c. And inasmuch as the
facts of this controversy is so fully set forth in this treatise, the reader is
thereto referred for a clearer exhibition.
OUR authors, in order to maintain their claim to the lands in contest,
and if possible, to include it within one of the descriptive limits of the
grant to [the] duke of York, tell us many strange things about the col-
onies of Connecticut and the Massachusetts: that Connecticut "in legal
construction" should not have extended to the westward of Connecticut-
river, and that their settlements west of that river were an intrusion on
the right of the colony of New-York; yet nevertheless for peace sake,
and rather than contest with "a powerful neighbor," they settled with
that colony at twenty miles distance from Hudson's river.
66
THEY further inform, that "the Massachusetts claim stands by no
means in so respectable a light as that of Connecticut," and in legal
construction, should extend "no further westward than till it meets the
"colony of Connecticut, and not to Connecticut-river, and much less to the
"westward of it." Our authors being men of great learning and sagac-
ity, soon extended their ancient right of jurisdiction over such part of
the Massachusetts colony as lay to the westward from Connecticut-river,
and this their scheme in stopping the western extension of that colony
where it meets Connecticut, may be reckoned as one among the greatest
of their political atchievements. "And it is worthy a remark,” that
Appendix I.
501
had the Massachusetts colony extended west to the South sea, it could
not have met Connecticut, but must have extended parallel with it, in
the same direction.
(
To give this pleasing scheme some kind of colour, they argue the
nullity of the Massachusetts first charter; and introduce the duke of
York's grant as the oldest title, page 5th,-"the Massachusetts charter
"was vacated, and the title of that colony now solely depends on their
"charter of 1691.
YET they allow, that that colony attained the right of soil from the
council of Plymouth, and that the charter of king Charles dated the 4th day
of March, 1628-9*, vested them with powers of government. (It's need-
less to animadvert on these strange accounts) however, after they have
charmed their imaginations with the fruitless idea of extending their
ancient right to all that part of the Bay province west of Connecticut-
river, they complain bitterly of the encroachments of the Massachusetts,
page 8th,—“Under circumstances so favorable to the rights of this col-
ony, we have great reason to complain of the unwarrantable encroach-
"ments under the authority of the government of the Massachusetts-
bay, by which a valuable tract extending from Connecticut-river, within
twenty miles of Hudson's river, has been wrested from us."
66
66
แ
"THEIR conduct seems the more inexcusable, as they must have
known that such encroachments were not only disrespectful to his
majesty's authority, and big with great mischiefs and disorders, but
were highly injurious to private property, great part of these lands
having anciently been granted to his majesty's subjects under the great
"seal of this colony."
THEN they proceed to recite their old grants, which they tell us
"cover the country the whole breadth of the Massachusetts claim:"
The manor of Renselaerwyck, granted in 1685, and extending twenty-
four miles each side from Hudson's river; and Westonhook, in 1705, which
extends about thirty miles from Hudson's river; and Hoosick, in 1685,
which extends about thirty miles from the river. It seems to have been
a political and universal principle with the government of New-York, to
begin their patents within the twenty mile line, and extend them east-
ward of it, that by this means they might have opportunity to encroach
on, and jockey their neighbouring colonies more or less, out of their
lands, as subsequent policy, intrigue and power would render prac-
ticable.
THAT government, thus extended their patent into Connecticut, one in
particular, into the township of Salisbury; and it has ever been their
practice to wrangle till they find by experience, that neither by sophis-
try, law, or hostility, they can maintain their exorbitant claims, and then
capitulate on as good terms as they can; and conclude with branding
their competitors with dishonesty, encroachment and many hard names,
and don't scruple to impeach their governmental authority, (as in the
case just recited of the Massachusetts-bay) with being disrespectful to
his majesty's authority, and guilty of great mischiefs and disorders;
although the authority of their own government, by their unjust, avari-
cious encroachments on the Massachusetts even to Connecticut-river, laid
the foundation of those disorders, and they might have added bloodshed;
yet their assembly have the impudence to palm it all upon the authority
of the Massachusetts.
THE claimants under New-Hampshire are so happy as to be almost
exempted from any New-York claims, by patents from that government
prior to theirs; the aforesaid Hoosick and Wallumscock patents being the
*This is the charter spoken of as vacated, which was done, as has been before largely treated
of, in 1684.
502
Appendix 1.
only ones of this nature. The former includes about one quarter of the
township of Pownal, on which part were about four settlers, when it was
granted by New-Hampshire. This township is bounded southerly by
the north line of the Massachusetts-bay, and extends west as far as the
Connecticut and Massachusetts colonies. The latter, i. e. Wallumscock
patent, was granted under the common seal of the province of New-
York, the 15th day of June, 1739. This patent is said to interfere with
the township of Bennington, and it is matter of dispute, whether in its
first location, it included more than about thirty or forty acres within
that town, tho' it seems the patent by its descriptive limits, extends fur-
ther into the town, and the patentees produce a map corresponding with
those limits. This monument is well known by the Bennington people,
and is on the western edge of the town; and there has never been a
discovery of any lines of the survey of that location to the eastward of
this monument. The many circumstances of this nature, amount to
almost a certainty, that the patentees never made any actual location
further interfering with Bennington, than as aforesaid; notwithstanding, as
they have planned their patent, it includes about one eighth part of the
town; which lands are exceeding good in nature, and are settled wholly
under the New-Hampshire title, by industrious farmers, who from a wil-
derness state, have cultivated and brought the most of it under good
improvements, with many valuable houses, barns and orchards; some of
them annually mowing at least eighty tons of hay, and raise other pro-
duce of the country in proportion. Not the least improvements of pos-
sessions were ever made in that town, except by these inhabitants; nei-
ther had they the least knowledge of a pretence of any New-York pa-
tents extending there till several years after they had settled the land.
As has been before observed, there were about four settlers on that part
of Hoosick patent, included in the township of Pownal, when it was
granted; and if the author has a right information, there has not been
any more settlements made under the New-York title since, though
there had sundry families settled on the premises included as aforesaid,
under the New-Hampshire title.
As the state and circumstances of such part of the townships afore-
said as are included in the old patents, are materially different in many
respects, from the circumstances of the New-Hampshire grants in gen-
eral, it will therefore be necessary that this matter have a particular con-
sideration; and that none of the aforesaid arguments be considered in
this case but what are truly applicable; and in this review of the case,
it will be admitted, that the old Wallumscock patent includes such part
of Bennington as the plan the patentees exhibit doth contain.
IT is taken for granted that the royal determination of the boundary
line in 1764 could not extend the government of New-York antecedent
to the date of that order, which was a manifestation of royal power, and
which was the sole cause of that extention; therefore, at the time the gov-
ernment of New-York granted the forementioned old patents, they could
have no greater authority for so doing than what they were then in fact
possessed of: It remains therefore to be considered, whether the patents
from the government of New-York are valid or not, so far as they inter-
fere with the townships of Bennington and Pownal. And firstly, it has
been proved that the province of New-York as described in their gover-
nor's commissions, doth not extend so far north as the city of Albany;
therefore the northern tracts of country which these patents of Hoosick
and Wallumscock cover, must be considered as belonging to their second
sort of domain, (to wit) the territories. It has also been shewn, that
these territories are not circumscribed to any particular limits, but that
they were originally meant to include some ancient grants that were in-
Appendix I.
503
dependent of the province and adjoining settlements, on extra-provin-
cial lands: probably that government may have authority to grant land
to the west and north-west, where it is indisputably unappropriated, and
where the claim of none other government could interfere: but it will be
insisted upon, on the part of the New-Hampshire settlers, which are in-
cluded in the aforesaid old patents, that the government of New-York
had no right to extend any of their patents to the eastward of a line
equivalent to that which constitutes the bounds between New-York and
the colony of Connecticut and Massachusetts. This limit was ever
thought by the people in general of the colony of New-York, as well as
those of the adjacent colonies, to be the eastern boundary of New-York,
until the æra of the late determination, which extended it to the river
Connecticut and labouring men that support the world of mankind, are
obliged to form their judgments of the jurisdiction of governments by
the common received opinions of mankind they are conversant with;
and even admitting they make an erroneous judgment, yet, in the pres-
ent case, as the lands were of but little value, exclusive of their toil and
cultivation, and as the farmers in reality uphold the state, it is therefore
not only incumbent on the laws, but on the policy of the state to defend
them in cases of this nature.-It must be admitted that where the limits of
governments are clearly ascertained and notoriously known, that a far-
mer trespassing in this manner on another's property, must bear the
loss. But, provided a country of people be generally under a deception.
as to matters of jurisdiction, and purchase land and make great improve-
ments, and all on a mistaken footing; men in such circumstances should
be considered in the most favorable light. For, as not only individuals,
but the country about them were in the same manner deceived, and
therefore, at the time of purchasing and settlement, they were utterly
destitute of the means of knowledge; yet, however, it is not conceded
to, that those farmers on whose account the present arguments are ex-
hibited, are under a deception about this matter; for of all sorts of gov-
ernmental jurisdiction, the New-York territorial was the weakest, loos-
est and most vague; it was rather occasional and political, than positive;
and in its own nature almost or quite incapable of being extended faster
than settlements were actually carried on, or at most the lands exposed
to this territorial jurisdiction, should not be patented faster than his
majesty's subjects are disposed forthwith to settle. The necessity of
granting so fast may be pleaded on account of order-the policy of govern-
ment may demand it; otherwise an occasional jurisdiction would be alto-
gether unable to abilitate the government to make conveyance of the right
in fee; although it is indisputable that such a jurisdiction in matters of
meer government, is to all intents and purposes, equal to positive juris-
diction; but with respect to having a power to convey the fee of lands,
is matter of doubt: But thus much with propriety may be inferred, that
a title so weak and impotent should not claim superiority over the least
conception of title whatever; a meer possession is of itself abundantly
sufficient to maintain the right in the possessor, and on a judicious trial
at common law, (could such an one be had) would be adjudged para-
mount to it.
THERE is another consideration that must totally extinguish and ob-
literate all possible remaining idea of right that the patentees of Wal-
lumscock may be supposed to have [to] the said tract of land included in the
limits of the township of Bennington. Only advert to the date of that
patent, which is on the 51th [15th] day of June 1739, and compare it
with the time of the commencement of the settlement of Bennington,
which was in the spring of the year 1760, and there will be found to be
twenty-one years from the date of this patent, to the beginning of the
504
Appendix 1.
settlement under New-Hampshire;-in all this time there was not the
least settlement or possession made in the premises; although the ex-
press condition of the patent was, that it should be settled in three years
from the time of granting. Possibly in all that time the patentees
might have got some Dutch tenants on some western part of the patent,
which, with the government of New-York, may be denominated a ful-
filment of the condition of settlement; many large tracts having been
patented, some since and others longer ago than Wallumscock, which are
yet mostly a howling wilderness. This practice of the government of
New-York in extending their patents to the eastward of a twenty mile
line from Hudson's river, hath ever been considered as a disingenious and
designing policy in that government; thereby to lay a foundation for
intruding on the rights of their neighbouring colonies; and has been
attended with many disagreeable consequences, as has been before ob-
served. And as that government have given up their exorbitant claims
where they interfered with the right of the Massachusetts, it would un-
doubtedly be their wisest way to do the same with respect to such claims
as interfere with the right granted under the great seal of the province
of New-Hampshire; and instead of treating the people that have settled
those lands under that title, as rioters and felons, to exercise that justice.
and humanity towards them, which becometh governors to the gov-
erned.
IT remains still, that there be a summary view exhibited, relative to
the rule of right which should take place with respect to the settlers un-
der each government, that are settled on such part of the forementioned
patents as are included in the townships of Bennington and Pownal.
And although superiority of title is in favor of those under New-Hamp-
shire; nevertheless, as the line of jurisdiction in those times of granting
and settlement, was not expressly ascertained or known, under these cir-
cumstances, it would not only be bad state policy, but great inhumanity
and injustice to the subject, for either the government of New-York or
New-Hampsnire to dispossess them, inasmuch as both challenge a legal
right; therefore, either title sealed and confirmed with the sweat and toil
of the farmer is abundantly paramount to the other.
66
ct
OUR authors, in their appendix, page 19th, misrepresent the plea of
the Bennington people, in saying, “To reason on their own principles, if
equity confirmed the claims of others under New-Hampshire, on account
of priority of interfering grants, it would have afforded a fatal plea
against the people of Bennington; because they ought then themselves
"to have yielded up all the lands which are covered by more ancient pat-
"ents." The people of Bennington, or rather the claimants under New-
Hampshire, have ever insisted, that at the time the governmeut of New-
Hampshire granted those lands they had good right to do so; but that
New-York had not. This matter is illustrated and proved by many ar-
guments, and real facts in this treatise, particularly in the 2d and 3d
sections, to which the reader is referred. 'Tis true, provided the Ben-
nington people had no further considerations in the matter of title, but
the priority of interfering grants-according to this method of arguing,
they ought to yield up such part of that town as interferes with Wal-
lumscock patent; but the consideration of settlement is undoubtedly,
with the many other matters, material to be considered, as argued afore-
said.
Appendix I.
505
SECTION VII.
AVING gone through with the remarks on the New-York pamphlet,
so far as immediately respects the title of those lands which has been
the principal cause of the publication of this treatise-shall nextly proceed
to detect some notorious and dishonorable misrepresentations contained
in the pamphlet aforesaid, particularly in the appendix. In this brief re-
view, it would be too tedious, as well as needless, to trace the authors
through all their disguised and fictitious representations, and intricate
windings. Shall therefore pass on with noteing such of their exhibitions
as are the most cruelly fallacious; among which the story of the exten-
tion of the township of Bennington, merely by a vote of the inhabitants
at a town meeting, to the westward from where it was intended to be
granted, and within seventeen miles of Hudson's river, is the most
flagrantly opprobrious. The story may be seen recorded in the 4th page
of their appendix. "The grantees of the township of Bennington, dis-
"covered that the situation of the tract according to the intention of the
grant, would be both inconvenient and unprofitable, as it included a
large proportion of mountain; and they therefore, by no better author-
ity than a vote of town meeting, presumed to extend it to the westward
"within seventeen miles of Hudson's river."
:6
แ
As this representation in all and every part is entirely groundless, and
no pretence of proof to support it, but is the meer calumnious asertion
of those who have an implacable hatred to the Bennington people, a posi-
tive denial of the facts alledged would be sufficient refutation of those
facts. Nevertheless as the assembly of New-York have made a principal
engine of this infamous story of their own creation, to destroy the good
character of the people aforesaid, by representing them to the govern-
ment at home as the vilest of insurgents and outlaws-and inasmuch as
the facts alledged are capable of disproof by mathematical certainty, and
sundry demonstrations of this sort having been actually made, (though
not with a view of disproving this calumny, as it had not then been pub-
lished,) by admensuration of the distance from Hudson's river, to the
westerly line of Bennington, all which agree that it is at least twenty
miles. Mr. Samuel Robinson for once made an actual mensuration of
that distance, and found it to be twenty miles and thirty-five chains; his
affidavit and Mr. Ebenezer Wood's together with an attested copy of the
survey of that town by Mr. Matthew Clesson, the surveyor, is thought
expedient to transcribe in its following order, which will abundantly
serve to exculpate the people of Bennington from that odium wherewith
they have been branded. The author is furthermore especially directed
by the inhabitants of that town, to request the government of New-York
to vindicate what their assembly have before alledged, by another accu-
"rate mensuration of the distance from Hudson's river, to the westerly
"line of Bennington; and further notify that assembly, that as omnipo-
"tent as they may conceive themselves to be, they must nevertheless
"recede from the calumny wherewith they have abused the inhabitants
"of that town, or continue under the resentment of those inhabitants:"
which take an additional affront at the ill usage, inasmuch as our oppo-
nants tell us, page 3d, it is to "be transmitted for the information of the
“government at home;" and further inform that it was to guard against
the impositions which from the want of candor, they were apprehensive
the said settlers, who "spared no art or act of violence," would by their
agents deceive the government at home, and therefore they had under-
taken to transmit a narrative of those settlers' proceedings, for the in-
formation of that government. It seems the said assembly fully resolved
แ
34
506
Appendix 1.
66
that the settlers and agents from the want of candor, would endeavor
artfully to deceive, &c. and that themselves were as fully resolved to
over-match them in a game of that sort, being greater practitioners than
peasants; but artful as they are, they made a fatal mistake in advancing
for matter of fact, that which in its own nature is incapable of proof, and
what has been disprov'd by evidence of a mathematical nature, and ca-
pable of further disproof by actual mensuration. It is no ways marvel-
lous that those gentlemen which govern in that assembly have an antip-
athy against the inhabitants of Bennington, who have had a great share
in defeating them in obtaining possession of the country of the New-
Hampshire grants. It seems they are not insensible of their merit, for,
say they," it is to this township erected by a charter in itself void, and so
greatly abused, that we are to ascribe all the opposition which has since
"been given to the jurisdiction of New-York." It is evident that these
gentlemen have an evil eye upon Bennington inhabitants; for, when they
mention the opposition to their jurisdiction, they take care to repeat the
aforesaid groundless aspersion, by adding these words, “erected by a
“charter in itself void, and so greatly abused." They still proceed upon
this their favorite topic, and draw particular inferences from it to their
advantage, "for by changing the situation" of Bernington, “it is made to
comprehend a large part of Wallumscock, which was granted under the
"seal of this province so early as the year 1739." This their scandalous
assertion is twice repeated in page 8th. One of the passages is as fol-
lows: "
Mr. Ingersoll, one of the most eminent counsel of Connecticut,
and Mr. Sylvester of Albany, were concerned for the defendants. When
these gentlemen found Breakenridge's farm to be within seventeen
"miles of Hudson's river, and greatly to the westward of what the gov-
ernment of New-Hampshire had admitted to be the jurisdiction of New-
York-they told him that it was impossible to set up any principle for
his defence. Accordingly, when his case was brought up for trial, he
"refused to confess the lease, entry and ousture, agreeable to the rule,
"and the plaintiff being non-suited, obtained judgment in the succeed-
ing July term, against the casual ejector.”
This is far from being the true state of the case. Sundry causes
which had been tried, were determined against the claimants under New-
Hampshire, and Mr. Breakenridge perceived it was spending money to
no purpose, to maintain a suit at law against the New-York patentees, as
they had such a combination of interest with the judges, part of which
were interested in the New-York subsequent patents which interfered
with the grants under New-Hampshire, though not in those on trial.
This, with many other things too tedious to particularize, was the cause
why Mr. Breakenridge would not defend the aforesaid suit in trial; but
there was not a word said, (as he informs me) between him and his said
attornies, about his farm's being within seventeen miles of Hudson's
river; nor is it likely ever such a thing was mentioned in Albany
county; the contrary being so well known. Undoubtedly, this was
wrote "for the information of government at home," thinking the fal-
lacy would not there be detected it being at so great a distance.
ÕUR authors, page 10th, after giving a narrative of a riotous and
tumultuous outrage, committed by the inhabitants of Bennington, for
which proclamation had issued from the earl of Dunmore, against the
principal authors of the disturbance “which could not be brought to
justice," then they introduce a particular charge against Mr. Breaken-
ridge, which is entirely destitute of foundation, viz. That he was one of
the principal rioters. To this they join the former calumny of the west-
ward extention of Bennington, "by a vote of their town meeting;" and
add to both these, the groundless story of Mr. Breakenridge's council's
Appendix I.
507
(6
inability to set up any principle in his defence, by reason of his being
seated within seventeen miles of Hudson's river." All these fictions
blended together, make considerable of a figure, in their own words:
"James Breakenridge and Isaiah Carpenter, were two of the most inex-
"cusable of all the offenders: the first had seated himself within sev-
"enteen miles of Hudson's river, where he knew it was impossible, on
"their own principles, that he could be protected by the New-Hampshire
claim, he had declined a fair trial, and suffered a judgment by default.
With respect to Mr. Breakrnridge's being active in any expeditions (the
New-Yorkers denominate riots, mobs, felony, &c.) it is well known
through the country of the New-Hampshire grants, he was not. In the
18th & 19th pages of the appendix, they repeat their former aspersion
against the inhabitants of Bennington in the most virulent and emphati-
cal language-“And what is still more shameful, they contend, they arm,
they fight for land as a part of Bennington, which lies within seven-
"teen miles of Hudson's river, and which the government of New-Hamp-
shire never claimed, but admitted to be beyond their jurisdiction."
66
66
As there can be no doubt but these gentlemen really wish these things
to be true, and having so frequently repeated them as being so, it is con-
jectured they by this time begin to believe them, or at least think others
may; but that the impartial reader may have the real truth of the mat-
ter, the following evidence is exhibited.
"A plan of a township six miles square (i. e. Bennington) lying in his
majesty's province of New-Hampshire, laid by Matthew Clesson, sur-
veyor, Abraham Buss, John Hooker, Ezekiel Foster, and Samuel Calhoun,
chainmen, in pursuance of an order from his excellency, Benning Went-
worth, Esq., governor of said province, to Col. William Williams, lying
six miles north of the province line that was run by Mr. Richard Haz-
zen, between said government and the province of the Massachusetts-
bay, and twenty miles east of Hudson's river, viz. Begining at a
crooked Hemlock tree marked W. W. six miles due north, or at a right
angle from said province line, said angle commencing at a White Oak
tree in said line marked M. ‡‡ O. I. T. which tree is twenty-four miles
east from Hudson's river allowing one chain in thirty for swag, (which
allowance is made through the whole following survey) and from said
Hemlock tree west, ten degrees, north four miles, to a stake and stones;
and from said stake and stones north ten degrees, east six miles, to a
stake and stones; from thence east ten degrees, south six miles, to a
stake and stones, and from thence south ten degrees, west six miles to a
stake and stones; from thence west ten degrees, north two miles, to the
Hemlock first mentioned, which survey was made November 1749.
Per Matthew Clesson, Surveyor.”
(A copy.)
HAMPSHIRE, ss. October 30, 1749. Matthew Clesson, suyveyor, John
Taylor, Ezekiel Foster, and William Williams, chain-men, on November
3d, 1749, John Hooker, Abraham Bass and Samuel Calhoun, chain-men,
were all sworn to the faithful performance of the respective services
aforsaid, and for the above survey.
Quorum,
(A copy.)
TIMOTHY DWIGHT, Justice Peace.
THE deposition of Samuel Robinson, who being of lawful age, saith,
He being a surveyor, hath laid out in lots a great part of Bennington,
and is confident that the west line of said town is the line that Matthew
Clesson run before the town was granted (upon which said grant was
made,) and as I have run all the lands east, adjoining said line, and some
on the west side, I never knew of any other line that was called or
known, or supposed to be the west line of Bennington; but according to
508
Appendix I.
that line, the proprietors have settled, not making any improvements in
the least degree to the west of said line.
AND the deponent further saith, That his excellency Benning Went-
worth, late governor of New-Hampshire, gave a warrant to Samuel Rob-
inson and George Gardner, Esq's. and John Davoow, to get the line run
and measured out from Hudson's river; which committee employed the
deponent as a surveyor, with Timothy Abbott and John Drott, as chain-
men, who were under the inspection of said committee, and under oath,
measured out from said river twenty miles, according to the aforesaid
governor's warrant; and then turning a right angle north, ten degrees
east, which they did, and found the west line of Bennington to the east
of the line your deponent run, thirty-five chains; and so the proprieters
of said town concluded the aforesaid Clesson line to be right, and have
conducted accordingly.
AND further, your deponent saith John R. Blaker, [Bleecker] Esq. of
the city of Albany, got some chain-men soon after your deponent had
run the line, and measured out, and told your deponent that Bennington
west line was more than twenty miles from Hudson's river. And Ar-
chebald Campbell, of Albany, deputy-surveyor, told your deponent, that
he had measured out, and found it to be twenty miles. And further
Samuel Robinson.
saith not.
Sworn before me, in Hoosick, the 29th March, 1774.
JOHN MALCOMB, Justice.
THE deposition of Ebenezer Wood, who being of lawful age, saith: He
being chosen a select-man for the town of Bennington, and sent to per-
ambulate the west line of said town; which accordingly I did; which
line John R. Blecker, Esq. of the city of Albany, told your deponent
was more than twenty miles from Hudson's river, which was the line
that Matthew Clesson run, and your deponent never see or heard of any
other line but that, for Bennington west line. Further saith not.
Ebenezer Wood.
Sworn before me in Hoosick the 29th day of March, 1774.
JOHN MALCOMB, Justice.
SECTION VIII.
UR authors in the twenty-seventh and finishing page of their narra-
Oliva, discover great invention and subtilty, who after giving an ac-
count of the unfortunate circumstances of the town of Hinsdale [Vernon,]
which has, say they, “been taken up by a royal mandamus."
This town-
ship had first been granted by the government of the Massachusetts-bay,
and upon the settlement of the boundary line between the Massachu-
setts and New-Hampshire, in 1739, fell within the latter, and by them
[was] granted, and fully ratified to the inhabitants and proprietors, who
in addition to their title, had also the Indian right. This township, by
the determination of the boundary line between New-York and New-
Hampshire, fell within the jurisdiction of the former, and was by them
granted to Col. Howard, after it had been settled about seventy years.
The assembly of New-York in order to screen their government from
the imputation of the blame justly due to so reprehensible a conduct,
endeavor to palm it on the government at home. See page sixth, with
respect to "Hinsdale, a township in the south-east corner of Cumberland
county. Even this is not to be ascribed to our government, it pro-
"ceeded from a much greater, and the highest authority. A mandamus
was produced from the crown, on the report of the board of trade, and
by the advice of the privy council, which vested the grantee with a
66
66
66
Appendix I.
509
right of election, an act decisive in itself, and superceding the action
"of the governor and council here, and the usual forms. A very extra-
ordinary representation! The nature of a royal mandamus is diamet-
rically opposite to this interpretation. The right of election in the
grantees, is restricted entirely to crown lands which are unappropriated;
in such lands, the grantee has a right of election, and common sense
may teach, that neither a mandamus or any other crown grant can sub-
vert the property which the subject holds under the crown by prior
grants; and though there be ever so many alterations in the jurisdic-
tion, sundry of which have perplexed the town of Hinsdale, yet this
should have no effect on the property of the subjects.-These grantees
are likewise withheld from interfering on the right of the Indian sub-
jects. Yet, it seems Col. Howard had the vanity to locate his manda-
mus on the old plantation of Hinsdale, which was firstly appropriated by
a purchase from the Indians; secondly, by a grant from the government
of the Massachusetts-bay, and thirdly, by the government of New-Hamp-
shire, and fourthly, by an uninterrupted possession and occupancy about
seventy years.
THE subterfuge the gentlemen make use of to rid their government
from dishonor, in making this last grant of Hinsdale, is very extraordin-
ary; it seems not well calculated "to be transmitted for the information
"of the government at home!" who are undoubtedly competent judges
of their own mandamus's, and no doubt will easily discern their last
error to be worse than the first. Such preposterous granting of lands,
is criminally injurious to the subject, as it never fails to embarrass the
different claimants with many concomitant difficulties. Yet, still to cast
the blame due to their government, on the king's mandamus, is more
daringly injurious to the highest authority in the nation.
06
LASTLY, the manner of redress prescribed for the sufferers, viz. the
old proprietors of Hinsdale, is the most shocking piece of contrivance,
page 27, “ Hinsdale, a small township which has lately been taken up by
“virtue of a royal mandamus, is alone unfortunate--but even here the
possessors may be relieved, by a suitable compensation, equal to the
"value of their improvements, in crown lands, free from the expence of
"fees." These gentlemen in their great clemency have also conceded
that the New-Hampshire settlers in general may be thus considered:
on the same terms, may be assigned to each of those who are seated
on the soil, actually appropriated to others by the government of New-
York, and the possessions of which cannot for that reason be con-
firmed; such a proportion of crown lands as the governor and council
"shall judge to be adequate to their respective improvements."
(6
66
THEN they proceed to describe the tract: "a fertile and extensive
country, in the northern part of the county of Charlotte, and between
"Connecticut-river and lake Champlain, still remains unpatented by their
government, and might be planted and cultivated by these people."
What a surprising condescention this! the posterity of the original pro-
prietors of Hinsdale, especially to be allowed the privilege to pull up
stakes, quit their farms and possessions, houses, orchards, &c. and join
company with the New-Hampshire settlers in general, and trudge off to
the northeast part of the wilderness of Charlotte, and there commence
another settlement, leaving their pleasant habitations, fields, tenements,
and country, in exchange for a howling wilderness; a pretty exchange-
and this to gratify a number of New-York cormorants. But, let's stop
a little and consider whether it would not be more righteous to change
the scene, and so the New-York patentees remove their patents, that
interfere with the New-Hampshire grants, and lay them in the wilder-
ness of Charlotte, as neither government have appropriated it.
510
Appendix I.
A SUFFICIENT reason to be offered in favor of the latter of the pro-
jects, is, that the settlers under New-Hampshire, are in deed, and in
truth the lawful owners and proprietors of the lands they possess, as, 'tis
apprehended, has been fully demonstrated in the preceding sections.
Although these gentlemen have in the course of their narration, flung
out very extraordinary hints of rewarding his majesty's soldiery, by the
distribution of those lands, yet they may here again be reminded, (which
may further serve as the above reason) that his majesty's proclamation
directed the soldiery to make their pitches on unappropriated and va-
cant lands; this therefore they must do, at the hazard of losing their
grants or repitching. For those lands which being antecedently granted
by the crown, by the agency of the governor and council of New-Hamp-
shire, must forever exclude the soldiery from pitching thereon; and put
it entirely out of the power of the government of New-York, or the
crown, to grant them to a second person. And when it is considered,
that the New-York land-jobbers have, long since, purchased great part
of the soldiery rights, and that for a mere trifle, and laid them out of
themselves, at their own risque; their arguments on that subject cannot
contribute greatly to the removal of the New-Hampshire settlers to the
exterior part of Charlotte.
OUR authors have given a tedious history of the suits at law, which
have been commenced by the New-York patentees, against the claimants
and occupants under New-Hampshire, and have exhibited many specious
appearances of fairness, equity, and impartiality in their trials. How-
ever, the reader must observe, that in every of those, so boasted of can-
did trials, the defendants, by the result, were to be dispossessed of their
farms. They then continue to tell of the entire satisfaction of the van-
quished, (together with such of the New-Hampshire claimants as at-
tended the courts) relative to the validity of the New-York title.—Soon
after this, they give a surprising account of riots and outrages, commit-
ted by these settlers, and mention Allen by name, (who they say, but a
little before was so fully persuaded of the validity of the New-York
title) as one of their leaders. This narrative is in itself incredible; it
cannot be supposed, that men who were convinced, they had had an im-
partial trial at law, and of the insufficiency of their own title, and the
authenticity of that of their opponents, would rally to arm, in defiance
of legal authority, and in defence of their own invalid title; especially,
after they had publickly declared their own sentiments concerning that
matter.
66
66
แ
Now follows another quotation from our authors, which is no less than
a barefaced insult on those inhabitants, and one of the boldest misrep-
resentations. "If the New-Hampshire claimants imagined that they
were aggrieved by the decisions of our judges, the means of redress
were in their own power; and they ought to have sued their writs of
error, and in the legal and ordinary mode, to have referred their cause
"to the final sentence of his majesty. But to expect a remedy incom-
patible with the administration of justice, and the rights of the sub-
"ject, either bespeaks the greatest ignorance or presumption."
66
COULD they once get this established, that there should be no access to
his majesty or trial, but in this "ordinary mode," it would no doubt be to
their entire satisfaction; trials in that government would then easily be-
come decisive; for in no case wherein the demand of the plaintiff is
below the sum of five hundred pounds, a writ of error in favor of the
defendant can issue. And the New-York attornies who compiled the
New-York statings, and are also patented under that government, well
knew that every action brought against New-Hampshire claimants has
been designedly laid below that sum. Yet they were possessed of that
Appendix I.
511
extreme boldness to aver in express terms, that "if the New-Hampshire
"claimants imagined that they were aggrieved by the decisions of their
"judges, their means of redress were in their own power," i. e. by way
of a writ of error.
เ
66
66
THERE is nothing exhibited in this New-York pamphlet which more
sensibly deserves resentment than their pretensions of indulgencies,
favors, &c. conferred on these claimants by that government.
To the
honor of the government of New-York, it may justly be asserted, that
the New-Hampshire claimants have received every mark of favor and
indulgence which the circumstances permitted." Such hypocrisy de-
bases human nature, is the pest of society, partakes of falsehood and
treachery; and what renders it peculiarly vile is that it usurps the seat
of virtue, and destroys faith in communities, and is the source of cruel
jealousy. Had the government of New-York been truly friendly to
those settlers, it had been returned again; and mutual good will sup-
plied the place of hatred and strife. But alas! so long as the fee of the
country of the New--Hampshire grants is the object in view, by the gov-
ernment of New-York, how it is possible for peace and good order to
take place, can't well be conceived. Well would it be for that govern-
ment, and infinitely better for the settlers under New-Hampshire, were
they annexed to some other government; but they say no. Query, why?
The answer is easy. They would then loose sight of the aforesaid de-
sirable object: otherwise, surely they would be glad to part with such
rebellious subjects as they represent them to be. For the truth no
doubt is, that they are in hopes some better fortune may in future attend
them. And that they can take and execute some of the leading men
among these inhabitants; and so frighten and impose on the rest; and
finally, by this means avail themselves of their estates and subjugate
the country. This is all they can desire in continuing it under their
jurisdiction. That they have in reality a view to this, will further ap-
pear by some memorable sentences recorded in the 25th page of their
appendix. We may," say they, "readily conceive, that Breakenridge
and his party, have abundant reason to wish for an alteration of juris-
"diction. The public crimes and private wrongs which they have per-
petrated, must make them look forward to the hour of tranquility, with
the most anxious apprehensions. The injured may then demand sat-
isfaction for all their sufferings-An attonement must then be made to
"the country, for the violation of its laws." Here the New-Hampshire
settlers may read their intended doom, in consequence of the ability of
the government of New-York. And one reason why this government
have not already destroyed the inhabitants of the New-Hampshire
grants, with fire and sword, is their want of ability; and this inability,
in great part, consists in this, that the common people in the govern-
ment, are universally of opinion that the inhabitants have a good right
to those lands, and should not be molested in the peaceable enjoyment
of them, and consequently will not assist their civil officers in taking
possession of their tenements, or them as rioters. That they are no
further turbulent than what is necessary to defend their persons and
properties, from the cruelty and monopoly of their rulers. This is the
ground of all the lenity, forbearance and indulgence of that government
towards those inhabitants; and it is hoped, if these excessive favors
should be passed over without their thanks, they may yet be excused for
the neglect.
66
1.
As the design of this section was, in a concise manner, to point out some
of the most notorious extravagancies of the government of New-York,
the subject can't with propriety be passed over, without taking a short
review of the forementioned laws of that colony, which are the most ap-
512
Appendix 1.
parent portraiture of their horrid malevolence and caprice. Passing
these laws which are evidently calculated with a design of extirpating
the inhabitants, by them laws alluded to, from their goodly land, nay,
from the face of the earth; is no less than lavishly foaming out their
own shame; laws that ought, and are contemned and disregarded by ev-
ery lover of virtue. Laws and society-compacts were originally designed
to protect the subjects in their property. Loyalty and subordination to
such government, is essentially necessary for the good of society, and all
good and liege subjects will support such laws and legislators. But, as
in the present instance, when laws in their original design and adminis-
tration, are degenerated from the good ends for which laws and govern-
ment were instituted, terminating in the ruin and destruction of the
society it should secure and protect, from the same principle, viz. self-
preservation, the subjects are obliged to resist and depose such govern-
ment. And, inasmuch as those laws, together with some remarks on
them, are to be seen in the narrative part of this performance, shall
therefore conclude, with leaving the reader, from his own meditations,
to pass such sentence concerning this matter as may appear reasonable.
IT
SECTION IX.
T may be of some moment, towards the close of this treatise, to ex-
hibit a number of special motives which induced those inhabitants to
prosecute settlements on the controverted premises. As,
FIRST, on the good faith of his majesty's grants, by the agency of the
government of New-Hampshire, the validity of which has been suffi-
ciently argued. And,
SECONDLY, by engagement from a proclamation by his late excellency
Benning Wentworth, which for the more public information, is here in-
serted.
By his Excellency, Benning Wentworth, Esq; Captain General, Gover-
nor and Commander in Chief of His Majesty's Province of New-Hamp-
shire, in New-England, &c.
WHEREAS
A PROCLAMATION.
HEREAS his honor, CADWALADER COLDEN, Esq; lieutenant gov-
ernor, and commander in chief of his majesty's province of New-
York, hath lately issued a Proclamation, of a very extraordinary nature,
setting forth, that King CHARLES the Second, on the 12th day of March,
1663-4, and on the 29th June, 1674, did, by his several letters patent, of those
dates, grant, in Fee, to his brother, the Duke of York, among other things,
all the land from the west side of Connecticut-river to the east side of Dela-
ware-Bay; and therein also set forth, and describes the bounds of New-
Hampshire; in which description there is a very material mistake; besides,
there is omitted the fact, on which the description of New-Hampshire de-
pended, viz. His Majesty's determination of the north and western bounda-
ries of the Province of the Massachusetts Bay, in 1739. And nothing can
be more evident, than that New-Hampshire may legally extend her western
boundary as far as the Massachusetts claim reaches; and she claims no
more; but New-York pretend to claim even to the banks of Connecticut
river, although she never laid out and settled one town in that part of his
Majesty's lands, since she existed as a government.
When New-York government extends her eastern boundary, to the banks
of Connecticut River, between New-York and the Colony of Connecticut;
Appendix I.
513
and to the banks of said river, between New-York and the Province of the
Massachusetts-Bay, it would have been full early for New-York to declare
that the government of New-Hampshire was fully apprised of the right of
New-York, under the before recited letters patent to the Duke of York. In
virtue of the final determination of the boundary lines settled by his late
Majesty, between this government and the Massachusetts Bay, all lands
capable of settlements, have been erected into townships, agreeable to his
Majesty's commands, and a considerable revenue is daily arising to the
crown, unless interrupted and impaired by his Honor's Proclamation,
which New-Hampshire will not be answerable for.
1
At present, the boundaries of New-York, to the northward, are unknown;
and as soon as it shall be his Majesty's pleasure to determine them. New-
Hampshire will pay ready and cheerful obedience thereunto, not doubting
but that all grants made by New-Hampshire, that are fulfilled by the grant-
ees, will be confirmed to them, if it should be his Majesty's pleasure to alter
the_jurisdiction.
For political reasons, the claim to jurisdiction by New-York, might have
been deferred, as well as the strict injunction on the civil power, to exercise
jurisdiction in their respective functions, as far as the eastern banks of
Connecticut River.
The said Proclamation, carrying an air of government in it, may possi-
bly affect and retard the settlement of his Majesty's lands, granted by this
government. For preventing an injury to the crown, of this kind, and to re-
move all doubts that may arise to persons holding the king's grunts, they
may be assured, that the patent to the Duke of York is obsolete, and cannot
convey any certain boundary to New-York, that can be claimed as a boun-
dary, as plainly appears by the several boundary lines of the Jersies on
the west, and the Colony of Connecticut on the east, which are set forth in
the Proclamation, as part, only, of the land included in the said patent to
the Duke of York.
To the end therefore, that the grantees now settled and settling_on_those
lands, under his late and present Majesty's charters, may not be intimi-
dated, or any way hindered or obstructed in the improvement of the lands
so granted, as well as to ascertain the right, and maintain the jurisdiction
of his Majesty's government of New-Hampshire, as far westward as to in-
clude the grants made:
I
HAVE thought fit, by and with the advice of his majesty's council,
to issue this Proclamation, hereby encouraging the several grantees,
claiming under this government, to be industrious in clearing and cul-
tivating their lands, agreeable to their respective grants.
And I do hereby require and command all civil officers, within this
Province, of what quality soever, as well those that are not, as those that
are inhabitants on the said lands, to continue and be diligent in exer-
cising jurisdiction in their respective offices, as far westward as grants
of land have been made by this government; and to deal with any per-
son or persons, that may presume to interrupt the inhabitants or settlers
on said lands, as to law and justice doth appertain; the pretended right of
jurisdiction mentioned in the aforesaid Proclamation, notwithstanding.
Given at the Council-Chamber, in Portsmouth, the 13th day of March,
1764, and in the fourth year of his Majesty's Reign.
B. WENTWORTH.
By his Excellency's command, with advice of Council,
T. ATKINSON, jun. Secretary.
GOD SAVE THE KING.
A THIRD and weighty enducement to the settlement of those lands
was argued from his majesty's express order, prohibiting the govern
514
Appendix I.
ment of New-York from granting any of those lands in dispute, which
is as follows:
At a Court at St. James's, the 24th day of July, 1767.
PRESENT,
THE KING'S MOST EXCELLENT MAJESTY,
Archbishop of Canterbury,
Lord Chancellor,
Duke of Queensbury,
Duke of Ancester,
Lord Chamberlain,
Earl of Litchfield
Earl of Bristol,
Earl of Shelburne,
Viscount Falmouth,
Viscount Barringtou,
Viscount Clarke,
Bishop of London,
Mr. Secretary Conway,
Hans Stanley, Esq.
His majesty taking the said report [a report of the board of trade]
into consideration, was pleased, with the advice of his private council, to
approve thereof, and doth hereby strictly charge, require and command,
that the governor or commander in chief of his majesty's province of
New-York, for the time being, do not, upon pain of his majesty's highest
displeasure, presume to make any grant whatsoever, of any part of the
lands described in the said report, until his majesty's further pleasure
shall be known, concerning the same.
William Sharpe.
A true Copy,
Attest, GEO. [G'W.] BANYAR, Dep. Secr.
A FOURTH and last special motive for the carrying on, and extending
those settlements, was from a report of the lords of trade, as follows.
EXTRACT from a Report of the Lords of Trade, to the Committee of
his Majesty's most Honorable Privy Council, for Plantation Affairs, da-
ted, December 3d, 1772.
66
Upon the fullest examination into all the circumstances which, at
present, constitute the stage of that District between the rivers Hudson
"and Connecticut; out of which, the greatest disorders and confusion
"have arisen; it seemeth to us, that the principal objects of attention in
"the consideration of any measures that can be suggested for restoring
"public tranquility, and quieting possessions, are,
First, those townships, which, having been originally settled and eș-
"tablished under grants from the government of the Massachusetts-Bay
fell within this District, by the determination of the northern boundary
of that Province, in the year 1740.
"Secondly, those grants of land, made within this District, by the gov-
"ernment of New-York, previous to the establishment of the townships
"laid out by the governor of New-Hampshire, after the conclusion of the
peace; and which land now lies within the limits of some one or other
"of those townships.
Thirdly, those townships, which, having been originally laid out by
"the governor of New-Hampshire, either continue in the same state, or
"have been confirmed by grants from New-York; and also, those which
have since originated under grants from the latter of those colonies.
"With regard to those townships, which fall under the first of the
"above mentioned descriptions; when we consider the nature and ori-
gin, and the numberless difficulties to which the original proprietors of
"them must have been subjected in the settlement of lands, exposed to
"the incursions of the savages, and to every distress, which the neigh-
"borhood of the French, in time of war, could bring upon them; and,
66
Appendix I.
515
"when we add to these considerations, the great reason there is to be-
"lieve that the grants were made upon the ground of military services
“against the enemy; we do not hesitate to submit to your Lordships our
'opinion, that the present proprietors of these townships, ought, both in
"justice and equity, to be quieted in their possessions: and, that all
grants whatsoever, made by the government of New-York, of any lands,
"within the limits of those townships, whether the degrees of improve-
"ment, under the original grant, had been more or less, are, in every
"light, which they can be viewed, oppressive and unjust. But, as we are
'sensible, that such subsequent grants made by the government of New-
"York, however unwarrantable, cannot be set aside by any authority from
"his majesty, in case the grantees shall insist on their title; we submit to
'your Lordships, whether it might not be expedient, in order to quiet the
original proprietors in their possessions, to propose that all such persons
"who may claim possession of lands within the limits of such townships,
"under New-York grants, should, upon condition of their quitting such
“claim, receive a grant under the seal of New-York upon the like terms,
"and free of all expences, of an equal number of acres, in some other
part of the District lying between the rivers Hudson and Connecticut;
and in case, where any actual settlement or improvement has been
"made by such claimants, that they should, in such case, receive fifty
acres of waste land for every three acres they may have improved.
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"With regard to those grants made by the government of New-York,
"which fall within the second description, and upon which any actual
improvement has been made; they do appear to us to deserve the same
consideration; and that the proprietors thereof ought not to be dis-
turbed in their possessions, whether that improvement be to a greater
"or lesser extent. But we beg leave to observe to your Lordships, that,
“in both these cases, no consideration ought to be had to any claim, where
"it shall appear that no regular possession has ever been taken, and no
actual settlement ever been made.
With regard to those townships, which fall within the last mentioned
description, we submit to your Lordships our opinion; That, provided
such townships do not include land within the limits of some antece-
dent grant, upon which actual improvement has, at any time, been
"made, it would be adviseable they should be confirmed as townships,
according to the limits expressed in the grants thereof; and that all
persons having possession of any shares in the said townships, either
as original grantees, or by purchase or conveyance, and upon which
"shares any actual improvement or settlement has been made, ought
not, in justice, to have been, or to be, in future, disturbed in the pos-
"session of such shares; nor ought they to be bound to any other con-
"ditions, whether of quit-rent or otherwise, than what is contained in
"the grant.”
THESE inducements are indisputably authoritative, and need no com-
mentation: Yet, notwithstanding the priority and preference of the New-
Hampshire title to that of New-York, and the so many corroborating aud
concomitant inducements to the claimants under the former, to settle
and cultivate those lands; yet the assembly of New-York, in sundry parts
of their state of the right, &c. and more particularly through the appen-
dix, treat those inhabitants, merely on account of such settlement, with
the most extreme injury; who, instead of arguing, only declaim against
them; and go on in a gradation of consequences drawn from false prem-
ises, till they have dragged them from their true character of honest men,
to that of usurpers, rioters, and felons. Although the quotations from
our authors have already been lengthy, yet that a precedent of their in-
516
Appendix I.
justice may not here be wanted, the following, from the third page of
their appendix, is inserted.
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66
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"BUT though the same principles have been explained, and enforced
“in several acts and proclamations of government, as well as on repeated
"trials in our courts of judicatory, they have left no suitable impres-
"sion on the contentious claimants under New-Hampshire. On the
"contrary, in contempt of the dictates of justice, the decisions of law,
"and the civil authority, have their encroachments, which were few in
“number at the time of the royal determination, been encreased and
“extended in a ten fold proportion; and that in general by men, who
"cannot plead that they were deceived or ignorant of the nature or
“merit of their claim, which it appears, were too notorious to have es-
caped their observation, but who in spite of every warning and re-
“monstrance to deter them, which human prudence could devise, en-
gaged as volunteers on the side of New-Hampshire, and wilfully
plunged into the controversy. To extenuate their own indiscretion
"and misconduct, calumny and misrepresentation are their only re-
source, and accordingly without the least reason, they charge the gov-
“ernment of New-York with partiality, and every land holder under it,
upon whom they have trespassed, with injustice and oppression; assert-
ing that because they have sanctified their claim by a wrongful pos-
“sion, they ought peaceably to enjoy the fruits of their usurpation. To
mortify their pretentions they have spared no art or act of violence,
"however criminal; and after all, as if they were really injured, and the
objects of regard, they do not hesitate to carry their complaints to the
"throne, and by special agents to solicit some extraordinary act of favor,
by which their offences may be passed over with impunity, and thelr
encroachments perpetuated in predjudice to those who enjoy a clear
"title from the crown, under the great seal of New York.'
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As this clamorous question is already mostly answered, I shall only
remark, as to those settlers extending their encroachments in a ten fold
proportion, since the royal determination. It hath been fully evinced
that this determination respected jurisdiction only, and the before re-
cited royal order and report of the board of trade, were accounted suffi-
cient to exclude all manner of doubts in the minds of the New-Hamp-
shire claimants of the validity of their title. They truly cannot plead
that "they were deceived or ignorant of the nature or merit of their
claim." This matter was elucidated by the highest wisdom and author-
ity in the nation; they rejoice in the clemency of their sovereign, and
in the wisdom and impartial justice of the honorable board of trade,
exhibited as aforesaid, upon which encouragement those claimants have
greatly extended settlements on those lands, in a more special manner
on Onion river, and lake Champlain between the township of Panton,
which abuts on the lake opposite Crown Point, and the said river, and
north of it almost to the forty-fifth degree of north latitude, and prep-
arations are vigorously making to extend these settlements to the very
bounds of the province of Quebec. It is seldom any new country settles
with such rapidity, notwithstanding the oppositions they mect with from
the government of New-York: The expence of clearing roads, build-
ing mills, moving to and settling in that wilderness country only for
two years last past, would amount to no very inconsiderable sum. And
those settlers from the foregoing reasons, do not in the least hesitate,
but that they in so fulfilling the conditions of their charters, have and
are acting agreeable to his majesty's will and pleasure; and that those
labours will not only be for their own emolument, but for the enlarge-
ment of the British empire, and addition of the crown revenue.
THE assembly of New York have been very particular in their history
Appendix I.
517
}
:
of the tumults and riots made by those settlers, in opposition to that
government, (many of which facts must be confessed to be true) though
they have carefully omitted their manyfold provocations, yet, with all
their particularity have given but a very imperfect idea of those trans-
actions. I shall therefore, waving particulars, give a general review of
the economy of those settlers in their opposition to that government.
For defending their property, they were indicted rioters; the next
thing was to defend rioters; then they had two objects of protection,
viz. persons, as well as property: They were at first greatly intimi-
dated at the empty appearance of law, that their opponents were so
conversant with, sometimes despairing of maintaining their posses-
sions; yet upon extremety, rather than quit their substance to the insa-
tiable ravishers, would rally and frustrate their designs: Thus, when
the sheriff of the county of Albany with his posse came to dispossess
some of them, they, most generally, boldly took up arms and appointed
leaders. Matters having come to this, not long after, the inhabitants
assembled and appointed committees of safety in the several towns
throughout their settlement; this general committe have the conducting
of the public affairs of the country for its security, till his majesty settles
the controversy. They have erected several companies, which by the
votes of the soldiers are furnished with officers; these companies form a
regiment which are known by the significant character of green moun-
tain boys, who are generally in the prime of life, well versed in the use
of fire-arms, and of robust constitutions; probably no American regi-
ment in an interior defence could excel them, or that would willingly [or
more willingly] contribute to the support of the crown of Great Britain;
for it is observable, that such subjects that will not fight for their prop-
erty will never fight for their king. And the general instructions from
the committee, ever have been, not to act in any thing against the gov-
ernment of New-York, but on the defensive.
IT is in the nature of things impossible to pass a right judgment on
the conduct of the New-Hampshire settlers, without taking into view the
treatment of the goverument of New-York towards them. All cases
must be determined upon the peculiar circumstances attending; no act
can scarcely be conceived of, which, under certain attending circum-
stances, might not be lawful. It will be readily admitted on the part of
those settlers, that, provided the government of New-York, and its pat-
entees, have a clear and incontestible right to those lands; and that they
are intruders, and by force and violence have maintained such encroach-
ments; then they are truly guilty, in manner as the assembly of New-
York have alledged. But on the contrary, if those settlers have a
legal and incontestible right to those lands, that they prosecute settlement
on the good faith of the title, and the sundry approbations of both their
title and settlement from the British administration, then, they are not
guilty in manner as those gentlemen have declared: and the impartial
public, instead of viewing them as usurpers, rioters, and felons, will
justify them in their conduct, and esteem them as good members of so-
ciety, liege subjects to the crown of Great Britain, and good soldiers for
defending their persons and properties.
THUS, is humbly submitted the state of the controversy, which has for
many years subsisted between the government of New-York and the
settlers under New-Hampshire; by impartial justice must every act
stand or fall; if those settlers are in the wrong, they are criminally so,
but if not, then the allegations of their opponents will be adjudged as
futile and cruel.
FINIS.
APPENDIX J.
DOCUMENTS ON THE ENFORCEMENT OF THE AUTHOR-
ITY OF VERMONT IN CUMBERLAND COUNTY
IN MAY 1779.¹
[From the Documentary History of New York, vol. 4, p. 581-2.]
Samuel Minott, Esq., to Gov. Clinton.
BRATTLEBOROUGH, May 25th 1779.
Sir - The Committee of this [Cumberland] County who are now met
for the purpose of opposing the authority of the State of Vermont take
this opportunity to inform your Excellency by Express, that Col. Ethan
Alline [Allen] with a number of Green Mountain Boys, made his ap-
pearance in this County yesterday, well armed and equipt, for the pur-
pose of reducing the loyal inhabitants of this County to submission to
the authority of the State of Vermont, and made prisoners of Col.
[Eleazer] Patterson, Lieut. Col. [John] Sergeant and all the Militia
Officers except one in Brattleborough, with Mr. [Micah] Townsend and
¹See ante, pp. 298-9, 302-3, 307-9, and 442–3.
3
2 The towns represented by adherents to New York, May 4, 1779, were
Hinsdale, [Vernon,] Guilford, Brattleborough, Fulham, [Dummerston,]
Putney, Westminster, Rockingham, Springfield, and Weathersfield.-
See Eastern Vermont, pp. 334-5. All of these towns except Vernon and
Brattleborough were then represented in the General Assembly of Ver-
mont. Hence the county committee, of which Mr. Minott was chair-
man, represented the adherents of New York, not the people at large.
* MICAH TOWNSEND, son of Micajah Townsend and Elizabeth Platt,
was born at Cedar Swamp, Oyster Bay, Long Island, May 13, 1749;
graduated as Bachelor of Arts, Nassau Hall, Princeton, N. J., Oct. 8,
1766, and received the Master's degree Oct. 5. 1769. He was admitted
to the bar of New York in April 1770, and settled at White Plains,
Westchester county. He was clerk of the Committee of Safety for that
county, and June 22 1776 was appointed captain of a militia company
which had been raised to combat the tories, and he served in that capacity
until the camp was broken up Nov. 1 following, by order of Gen. Wash-
ington. As the British forces gained possession of that region, Mr.
Appendix J.
519
1
a number of other Persons. They have also taken the Militia Officers
in Putney and Westminster with others; the number of prisoners we
cannot ascertain. Col. Alline [Allen] declared that he had five hundred
Green Mountain Boys with him—we are not able to ascertain the num-
ber, but believe there is not quite so many who are come from the west
side of the Mountains; they are assisted by a number of the inhabit-
ants of this County. Where they will carry the Prisoners we cannot
tell. Col. Allin treated the people here with the most insulting lan-
guage, assaulted and wounded several persons with his sword without
the least provocation, and bids defiance to the State of New-York, de-
clares they will establish their State by the sword, and fight all who shall
attempt to oppose them. Nothing but the reluctance the people here
have to shedding human Blood could hinder them from attempting to
rescue the Prisoners--they had every insult which the human mind is
able to conceive of to prompt them to it. Our situation is truly critical
and distressing, we therefore most humbly beseech your Excellency to
take the most speedy & efficient Measures for our Relief; otherwise our
Persons and Property must be at the disposal of Ethan Allen, which is
more to be dreaded than Death with all its Terrors.
Sir we are with the greatest esteem Your Excellency's most ob't.
humble servts.
Sigued by order of the Committee, SAMUEL MINOTT, Chairman.
To his Excellency George Clinton Esq. Gov. of the State of New-York.
Governor Clinton to President Jay.
May 29th 1779.
Sir-You will perceive from the enclosed Papers that what I have
long expected and frequently apprized Congress of has actually hap-
Townsend removed to Brattleborough, Vt., and Aug. 15 1778 married
Mary, daughter of Col. Samuel Wells. For a short time he served the
adherents to New York very acceptably, but becoming convinced that
this course was unwise, he took the oath of allegiance to and became a
citizen of Vermont. In 1781 he was made judge and register of pro-
bate for the county, and held these offices until 1787.
In the same year
(1781) he was made secretary of state, and he held that office until he
resigned, Oct. 21, 1788, when the General Assembly by resolution ex-
pressed “the warmest sentiments of gratitude to him "for the fidelity
and skill with which he had discharged the duties of his said office."
Disposing of his estate in Brattleborough to Hon. Royal Tyler in 1801,
judge Townsend resided in Guilford a year, and then remoyed to Farn-
ham, Province of Quebec, where he died April 23, 1832, at nearly the
age of eighty-three years. His reputation as a lawyer was high, and he
was universally and greatly esteemed as a man by those who knew him.
For a more complete and appreciative biographical notice, see Eastern
Vermont, pp. 700–706.
¹One hundred men from Bennington was the number ordered by gov.
Chittenden.—See p. 300. The whole Vermout force ranged from two
to three hundred and fifty.-See Eastern Fermont, p. 339.
* Minott's letter, and other papers concerning the action of Vermont.
520
Appendix J.
pened. These papers which need no Comment I have transmitted to
your Excellency by Express with an earnest Request that you will
please immediately lay it before Congress.
Altho' this matter will scarce admit of a moment's delay; yet as the
Legislature are to meet on Tuesday next I shall defer taking any deci-
sive measures (except issuing the necessary orders to the militia to hold
themselves in readiness) until I can have an opportunity of obtaining
their advice and Direction. I am &c. &c.
GEO. CLINTON.
His Excellency John Jay Esq. President of Congress.
On the same day Gov. Clinton wrote a similar letter to the New York
delegation in Congress, adding as follows:
I shall also conceive it my Duty to order the 1000 men destined for the
Defence of the frontiers & to compleat the Continental Battalions ex-
cept such small small part as are already annexed to those Regiments to
march to Brattleborough for the protection of that and the adjacent
Towns unless the Interposition of Congress shall render this measure
unnecessary. It doubtless will occur to you that the Legislature will be
extremely impatient for an answer from Congress; I must therefore re-
quest you the moment it is obtained to forward it by a special mes-
senger.
Resolutions of Congress, June 1, 1779.
[From the Journals of Congress, 1779-80, Vol. V.]
TUESDAY, June 1, 1779.
According to the order of the day, Congress was resolved into a com-
mittee of the whole, and, after some time, the president resumed the
chair, and Mr. Plater [of Maryland] reported that the committee of the
whole have taken into consideration the letter of the 18th of May, from
his excellency governor Clinton, the petition of the committee of Cum-
berland County,' the letter of colonel Patterson to governor Clinton,
governor Clinton's answer, &c. and have come to sundry resolutions
thereon, which he was ordered to report:
2
"The Petition of the Committees of the towns of Hinsdale, [Ver-
non,] Guilford. Brattleborough, Fulham, [Dummerston,] Putney, West-
minster, Rockingham, Springfield and Weathersfield in Cumberland
County; chosen for the purpose of opposing the pretended State of Ver-
mont & convened at Brattleborough the 4th May 1779." This paper set
forth the distracted state of the county and closed as follows:
“Your Petitioners therefore humbly, and in the most urgent & earn-
est manner, on behalf of themselves and their Constituents entreat that
your Excellency [Gov. Clinton] will take immediate & effectual Meas-
ures for protecting the loyal Subjects in this part of the State in their
Persons and Properties & to convince the honorable the Congress of the
Impropriety of delaying a publication of their Sentiments in a matter
which so nearly concerns the Peace, Welfare & probably the Lives of
many of their firm adherents.”
2 The letter of Col. Patterson was similar to the petition; and Gov.
Clinton in his reply promised to order out the militia instantly in case
Vermont attempted to reduce the petitioners by force of arms. For
these papers, see Documentary History of New York, vol. 4, pp. 576–580.
Gov. Clinton's letter of May 29th, covering Mr. Minott's, was received
while Congress was in committee on this subject on the 1st of June.
Appendix J.
521
The report being read, Congress thereupon came to the following res-
olutions:
WHEREAS divers applications have been made to Congress on the
part of the State of N. York and of the State of N. Hampshire, relative
to disturbances and animosities among inhabitants of a certain district
known by the name of "the New-Hampshire Grants," praying their
interference for the quieting thereof; Congress having taken the same
into consideration,
Resolved, That a committee be appointed to repair to the inhabitants
of a certain district known by the name of the New-Hampshire Grants,
and enquire into the reasons why they refuse to continue citizens of the
respective states which heretofore exercised jurisdiction over the said
district; for that as Congress are in duty bound on the one hand to pre-
serve inviolate the rights of the several states, so on the other they will
always be careful to provide that the justice due to the states does not
interfere with the justice which may be due to individuals: That the
said committee confer with the said inhabitants, and that they take every
prudent measure to promote an amicable settlement of all differences,
and prevent divisions and animosities so prejudicial to the United States.
Resolved, That the further consideration of this subject be postponed
until the said committee shall have made report.
Ordered, That they report specially and with all convenient speed.
Previous to passing the first resolution,
A motion was made by Mr. Henry [of Maryland,] seconded by Mr.
Carmichael [of Maryland,] to strike out the word "several," and in lieu
thereof insert "united;" and on the question, shall the word several
stand? The yeas and nays being required by Mr. Henry, New-Hamp-
hire, Massachusetts-Bay, Connecticut, New-York, New-Jersey, Penn-
sylvania, Virginia, North Carolina, and South Carolina, voted aye; and
Rhode Island and Maryland voted no; So it was resolved in the affir-
mative.
Resolved, That to-morrow be assigned for electing the Committee.
Resolved unanimously, That the president inform the governor of
New-York, that a more early attention would have been paid to the
pressing applications of that state, relating to the disturbances men-
tioned in his several letters, had it not been prevented by matters of the
greatest importance; and that Congress will continue to pay equal at-
tention to the rights of that state with those of other states in the union.
WEDNESDAY, June 2, 1779.
Resolved, That the committee to repair to the inhabitants of the New-
Hampshire Grants consist of five, any three of whom to be empowered
to act.
The members chosen, Mr. Ellsworth [of Connecticut,] Mr. Edwards,
Mr. Witherspoon [of New-Jersey,] Mr. Atlee [of Pennsylvania,] and
Mr. Root [of Connecticut.]
WEDNESDAY, June 16, 1779.
The committee, consisting of Mr. Jenifer [of Maryland,] Mr. Arm-
strong [of Pennsylvania,] and Mr. Sharpe [of North Carolina,] to whom
was referred the letter of the 7th of June from governor Clinton,¹
brought in a report; whereupon,
1 In this letter Gov. Clinton expressed his astonishment and concern
that "the Congress have passed over in profound silence the remon-
strances on the seizure and imprisonment of the principal officers of
government in the county of Cumberland by the revolters of this State,"
35
522
Appendix J.
Resolved unanimously, That the officers acting under the state of
New-York, who were lately restrained of their liberty by certain per-
sons of a district called the New-Hampshire Grants, ought to be imme-
diately liberated.
Resolved unanimously, That the committee appointed to repair to the
inhabitants of a certain district known by the name of the New-Hamp-
shire Grants, be directed to enquire into the matters and things con-
tained in the letters of governor Clinton of the 27th of May and of the
7th inst. and that copies of the said letters be transmitted to the said
committee; and that they be directed to report specially to Congress.
Resolved unanimously, That it was not the intention of Congress by
their resolution of the 1st inst. nor ought the same or any other part
thereof be construed to hold up principles subversive of, or unfavoura-
ble to the internal policy of any or either of the United States:
That as Congress expect very salutary effects from the appointment of
the said committee, therefore all further proceedings on governor Clin-
ton's letter be postponed until they report.
WEDNESDAY, Sept. 22, 1779.
After reciting the foregoing resolution of June 1, the record proceeds
as follows:
And whereas it so happened that a majority of the committee ap-
pointed in pursuance of the aforementioned resolution, did not meet in
the said district, and therefore have never executed the business com-
mitted to them or made a regular report thereon to Congress:
Ordered, that the said committee be discharged.
Of the committee of five, only two visited Vermont-Messrs. Wither-
spoon and Atlee. They had an interview with Governor Chittenden,
and an arrangement was made with the intent of preventing collisions
between the Vermont authorities and the adherents to New-York. Of
this interview and arrangement, a report was made to Congress on the
13th of July, but as only two of the committee acted, it could not be re-
ceived and treated as an official report. No account can now be given
better than that which may be gathered from the following documents.
[From the Documentary History of New York, vol. 4, pp. 588-590.]
John Witherspoon and Samuel J. Atlee, of the Committee of Congress, to
Samuel Minott.
BENNINGTON, June 234, 1779.
Gentlemen―The Subscribers are here at present as Members of a Com-
mittee of Congress sent for the express purpose of endeavouring to
bring about an amicable settlement of the Differences between the State
of New-York and the Inhabitants of the New-Hampshire Grants who
have formed themselves into a State called by them the State of Ver-
mont. We have understood that you and others who adhere to the
State of New-York have declined taking your Turn of Militia Duty for
"and what renders their silence still more extraordinary is, that Ethan
Allen, having the rank of a Colonel in the service of the United States,
was a principal actor in this outrage."-See Doc. History of New York,
vol. 4, p. 584.
Appendix J.
523
the Defence of the frontiers because the Requisition was made under the
Authority of the State of Vermont, and that you have met with some
Trouble on this Account. We have therefore sent this to inform you
that we hope there will be by interposition of Congress a happy Accom-
modation of all Differences in a short Time; in the mean while we have
obtained a promise from Governor Chittenden that you shall not be mo-
lested till matters are finally settled, and we have engaged to write to
you voluntarily and freely to raise your full Proportion of Men when-
ever your Neighbours are called, and you are informed of this either by
continental Officers or the New State till such Time as you have Special
Directions from the Governor of New-York, which we hope to obtain
for you on our Return home. This we are confident you will readily
comply with, as otherwise People will be tempted to impute your Con-
duct to disaffection to the Cause of the United States.
We hope you
will understand that the Protection and Forbearance which is promised
in your behalf is to be considered as on the condition of your cordially
complying with our Request and in every Respect behaving quietly and
orderly while the measures for Pacification are on foot.
We are, &c.
JOHN WITHERSPOON,
SAM. J. ATLEE.
Governor Chittenden to a Vermont officer in Cumberland County.
BENNINGTON, 23ª June, 1779.
Sir,-Your favor by Mr. Tucker came to hand yesterday. Am un-
happy to hear of a second insurrection and open Violation of the
Authority of this and the United States; The present distressed Situa-
tion of our northern Frontiers absolutely demands the assistance of their
Brethren and Friends. Am sorry to find that private difficulties should
in the least impede and prevent a general Union in Defence of the
Grand Contest on which the Liberty and happiness of the whole de-
pends. With pleasure I can inform you (and desire the same may be
communicated to the respective Inhabitants) that a Committee of the
honorable Continental Congress have arrived at this Place, from which
we may expect the most salutary and agreeable effect in a speedy Settle-
ment of the unhappy Dispute between this and the State of New-York.
From the Situation of the present affairs and the pressing necessity
of securing our frontier Inhabitants together with the Advice of the
Committee aforesaid transmitted in a Letter, I presume the Inhabitants
will readily turn out in Defence of their Country agreeable to orders;
and in the mean Time I would recommend while they continue to do
their proportion in the present War, the suspending of all prosecutions
in the Law against those who acknowledge themselves Subjects of the
State of New-York, (except Capital Offences) until Congress makes a
final Determination in the Matter.
I am Sir Your humble Servt.,
THOS. CHITTENDEN.
A true Copy pr Jos. FAY.
Gov. Chittenden's Answer to the Queries of the Committee of Congress.
STATE OF VERMONT, Bennington, 24th June, 1779.
Gentlemen,-Agreeable to your Requisition I have made and subjoined
to your Questions the following answers, viz.
Q: Are there any Lands in this State still unpatented?
A: Yes a large Body which was not granted previous to the King's
Prohibition to the Governor of New-York.
524
Appendix J.
2 Q: Are there any Lands which have been patented by the State
of Vermont and in what Condition were they before?
A: None as yet but many Petitions are made and are on File waiting
for a settlement of the public Disputes.
3 Q: Are there any Lands patented under New-Hampshire and re-
granted to different Persons under New-York but are not yet occupied
by either of the Grantees?
A: Yes a large quantity.
4 Qu: Are there any Lands patented under New-York of date prior
to the Patents under New-Hampshire and at present possessed under
the New-Hampshire Title?
A: Some old Patents of New-York are said to extend over some
Parts of the Townships of Pownal, Bennington, and Shaftsbury.
5 Qu: Are there any Persons living in the State of Vermont upon
the New-Hampshire Rights who have large Property in Lands in differ-
ent Townships not yet improved?
A: Some few there are and there is many that own small Quantities.
6 Qu: Are there any Persons in actual Possession of Lands under
the New-York Title to which others have a prior Right under New-
Hampshire?
A: Yes some few.
7 Qu: Are you satisfied that the Proclamations by the Governor of
New-York would secure your Property in the Soil tho' the jurisdiction
were allowed?
A: By no Means, as it is only a shadow without any principle Sub-
stance, calculated to answer sinister Purposes, which is implied in his
second Proclamation vizt: "That all such lands which have heretofore
been granted by the Government of New-Hampshire or Massachusetts-
Bay and have not been since Granted by the Government of New-York,"
the words," and have not since been granted by the Government of New-
York" wholly exclude the most valuable Lands in this State; including
that which is in actual Possession, as the State of New-York have since
made Grants of the same Lands-and I presume to say it is not in the
Power of the Legislature of New-York to confirm those Lands, being
previously granted to others. There are sundry other Passages in the
same Proclamation equally insufficient and dissatisfactory.
8 Qu: If the Property of your Lands were perfectly secured to you
would you be willing to return under the Jurisdiction of New-York?
A: We are in the fullest sense as unwilling to be under the Jurisdic-
tion of New-York as we can conceive America would to revert back
under the Power of Great Britain (except a few disaffected Inhabitants
who say they will become willing subjects of this state on the approba-
tion of Congress) and we should consider our Liberties and Privileges
(both civil and religious) equally exposed in future Invasions.
9 Qu: Would your returning under the Jurisdiction of New-York
promote or hinder the complete Settlement of the Country?
A: Experience has taught me to believe that it would greatly impede
the settlement of this Country to have it affixed to New-York.
10 Qu: What was the occasion of Colo Allen's proceeding by arms to
take and confine sundry officers in Cumberland County who professed to
be subjects of the State of New-York?
A. Colo. Allen proceeded into Cumberland county under Direction
of the Civil Authority of this State to assist the Sheriff in the Execution
of his office in apprehending a certain Number of Persons for the Pur-
pose of bringing them before the Superior Courts of this State for Trial
for riotously impeding a certain officer in the Execution of his Office in
selling Estate taken by said officer according to Law from Persons who
Appendix J.
525
refused to do their tour of Militia Duty in Guarding the Frontiers of
this and the United States of America against the Common Enemy
agreeable to Orders of the Board of War of this State issued in Pursu-
ance of advice received from Brigr. General Clinton for that Purpose.
11 Qu: Are you willing and do you think it is the Minds of the Peo-
ple to refer the final Decision of this Matter at any Rate to the Congress
of the United States?
A: I believe I may be warranted to say in Behalf of the People of
this State, that they would think themselves happy in submitting the
long controverted Differences subsisting between this and the State of
New-York to the Determination of Congress, they being allowed equal
Privilege as the State of New-York in supporting their Cause, reserving
to themselves in the Trial al Rights, Privileges, Immunities and ad-
vantages which they had or might have by any former Grants, Juris-
dictions, Powers, and Privileges on account of any Province or State
heretofore had, notwithstanding any subsequent Transaction.
I am Gentlemen with the highest Esteem
Your obt. humble servant,
THOS. CHITTENDEN.
The Honble Doct" Witherspoon & Col. Atlee, Members of a Committee
of Congress.
[From Hiland Hall's Early History of Vermont, p. 292.]
On the 11th of June, some time before the arrival of the committee,
Gov. Chittenden had issued an order for raising men for service on the
frontier, and after the committee had left Bennington, he received in-
formation that the property of some delinquents in Cumberland county
had been sold under such order in conformity to the law of the State,
which information he at once communicated to them by letter, in which
he stated that as this "was occasioned wholly by reason of those persons
neglecting to do their proportion of duty in the present war, they would
readily perceive it could not be construed to be any breach of the en-
gagement which, agreeably to their advice, he had entered into with
them." In their answer, dated at Albany the 28th of June, they say
they were "not willing to consider it a breach of the agreement," but
expressed great apprehension that "it might be the means of defeating
all their endeavors for procuring peace,” and gave it as their opinion that
the agreement would be wholly frustrated unless a stop was put to fur-
ther proceedings of the kind, and restitution made to the people whose
cattle had been thus seized.
ADDITIONS AND CORRECTIONS.
To comply with one provision of the act for the publication of the
record of the Councils, it has been necessary to commence the printing
of this volume before the copy for it entire had been completed; and
hence errors have passed through the press which, most of them at
least, would have been otherwise avoided. These are now indicated as
follows, with a few additions and explanations.
Capt. John Grant, p. 7.-The suggestion that he may have declined
service in Warner's first regiment is incorrect. He served with credit,
and was appointed captain in Warner's continental regiment, July 5,
1776. See page 160.
Col. William Marsh.-The first note on p. 15 should refer to page 22.
Josiah Fish.-"Joshua Fish," p. 21, should probably be Josiah Fish.
See p. 15.
Benjamin Hickok, James Bentle, and Thomas Braten, on pages 15
and 22, should probably be Benjamin Hitchcock, James Bentley, and
Thomas Brayton.
Col. William Williams.-Joseph Williams, p. 67, line 4, should be
William Williams.
Matthew Lyon, pp. 71-74, 123-128; and Benjamin Emmons.-HENRY
S. Dana, Esq., of Woodstock, (whose contributions and criticisms the
editor has gladly received,) is of opinion that Matthew Lyon was not a
member of the Council of Safety, for the reasons that in 1798, in his de-
fence before the Committee of Privileges of Congress on the Griswold
affair, and in his speech on the subsequent resolution of expulsion, he
named sundry of his services and offices in Vermont, and did not name
membership in the Committee of Safety; and also that, for a period
after his retreat from Jericho in 1776, he was "in disgrace." Both of
these points are alluded to in the text; and the first one (suggested on
page 73,) is strong enough to make one doubt, at least: but after all, the
editor has not been able to find a person with so good a claim to the
honor as Lyon had. Mr. Dana suggested Hon. BENJAMIN EMMONS in
lieu of Lyon, remarking that some of Mr. E's. descendants ranked him
as one of the Council of Safety. In a subseqent letter, however, Mr. D.
wrote thus: "I think Lyon is excluded by his own witness, but I rather
Additions and Corrections.
527
think you will never be able to prove that Emmons had a much better
right to the place—nothing beyond hearsay.”
Members of the Convention that adopted the Constitution, p. 63.-Mr.
DANA has kindly furnished the following list of delegates to the Wind-
sor Convention of July 1777, copied from a memoir of William Gallup,
by his son the late Doct. Joseph A. Gallup, dated August 14, 1846.
Doct. Gallup was eight years of age in 1777, and must in his youth have
heard much of the public men and the transactions of that period:
Jabez Sargent, Cavendish, [Chester.]
Joel Matthews, Hartland.
Benjamin Emmons, Woodstock.
Stephen Tilden and Joseph Marsh, Hartford.
John Throop and John W. Dana, Pomfret.
Peter Olcott and Jacob Burton, Norwich.
Joel Marsh, Sharon.
Daniel Gilbert, Royalton, [Sharon.]
William Gallup, Hartland.*
Roger Enos, p. 111.—“Gen. Robert Enos" should be Gen. Roger Enos.
P. 122.-Joseph Fay was Secretary of the Council of Safety till
March 12, 1778, [instead of 1788.]
P. 124, fifth line, for "Goodrich" read Griswold.
Col. Philip Skene, p. 130, last line. "Col. Steene" should probably be
Col. Skene.
Rescue of Remember Baker, 1772, pp. 149–50.-Gov. Hall has written
to the editor saying:
"I do not quite like what you say about the rescuers of Baker in your
notice of John Munro. I do not admit there is a shadow of doubt but
that the rescuers were the list given in the Rural Magazine, [the first
list given on page 150.] Ira Allen in his history (p. 31,) after speaking
of the capture of Baker says that an express was sent to Bennington
with the tidings, instantly on the news ten men mounted their horses
and pursued them, &c. This, with the circumstantial narrative in the
Rural Magazine, to which there was no contradiction, seems to me con-
clusive. You say that the list in the Documentary History of New York,
p. 777, 'is represented as having been furnished by Munro himself.
That does not appear in the Documentary History. The letter of Munro,
giving an account of the rescue, is dated April 15, 1772, and the list is
stated to have been produced in Council the 26th of May, 1772, more
than a month after Munro's letter, but by whom produced does not ap-
The statement in the Vermont Historical Magazine, vol. 1, p.
125, is evidently the mere conjecture of Mr. [Rev. F. A.] Wadleigh. It
might have been furnished by Munro, and might not, but a loose memo-
randum found on the tiles of the New York Čouncil, from an unknown
source, which has but lately seen the light, should not, I think, be al-
lowed the weight of a feather against the authentic statements of Ira
Allen and the Rural Magazine, both published while there were nume-
rous living actors in the affair.
pear.
Gov. Hall referred me to Ethan Allen's account, which, I find, indicates
that inhabitants "on the premises," i. e. near the scene in Arlington,
* The names in Italic are additions to the list of delegates.
528
Additions and Corrections.
went immediately in pursuit. His words, as quoted by Du Puy,¹
were:
"These distressing tidings being soon spread on the premises, en-
hanced the innocent inhabitants, and for the preservation of Baker his
family & their own persons, families and effects, some of them did pur-
sue the said carriage about thirty miles, and when said John with his at-
tendants, being savage like, conscience struck and condemned, run and
hid themselves so private that it is not known by his or their acquain-
tances where they have been ever since; leaving the said Baker with
very little remains of life, unable to fight for himself, who willingly in
his capacity accepted of mercy, which he had been so long a stranger to."
Having found it said, in the history of Arlington in the Vermont His-
torical Magazine, vol. 1, p. 125, that the list published in the Documentary
History of New York was "in the account communicated by this savage
Justice Munro, to the Governor of New York," I felt bound to take notice.
of it, and give the statement, together with suggestions for the reader
to consider. Ethan Allen's account strengthens this so called "Munro's
list" rather than the other. On the whole the theory in Gov. Hall's
Early History, that two parties pursued Munroe, is the best sustained;
and the balance of proof is that the Bennington party [the Magazine
list] were the actual rescuers. The claim for the Bennington party in the
Rural Magazine, uncontradicted by the Arlington party, I think, with
Gov. Hall, is conclusive of this point. Though the Bradleys, Jesse
Sawyer and Justice Sherwood, in the Arlington list, were energetic.
men, they could not have surpassed Clark, the Saffords and the two
Messrs. Hopkins of the Bennington list, who, it is quite probable, might
have intercepted Munro before the Arlington company came up. The
praise of good intention is due equally to each party.
P. 237, 16th line from the bottom, the imperfectly printed date should
be August 13.
P. 243. In the reference, fourth line from the bottom, to Appendix
G, the "No. 1" should have been omitted. When that was written, it
was expected that the documents on the second Union of New Hamp-
shire towns would be given in this volume as Appendix G, No. 2. These
documents will appear in another volume.
Fight at Shelburne, p. 245.—The fight was, evidently from the Council
and Assembly records, on the 12th of March 1778. The crop of wheat
contended for must therefore have been grown in 1777 [instead of 1776,]
and Capt. Sawyer must have gone to Shelburne in Jan. 1778 [instead of
1777.] The erroneous years in the text, 1776 and 1777, were gathered
from Lyman Thayer's account in the Vt. Historical Magazine, vol. 1, p.
859. In Rev. Geo. F. Sutton's account, in the same volume, p. 877, the
dates are correct.
P. 262.-The printers have transposed in the text the reference fig-
ures to the notes at the bottom of the page.
¹ Ethan Allen and the Green Mountain Heroes of 1776, p. 164.
Additions and Corrections.
529
Colonel Eleazer and the tory William Patterson, p. 299.—In the first
line instead of "Col. William Patterson" read Col. Eleazer Patterson.
This bad blunder (originating in an attempt to supply from memory an
omission in the copy,) makes the note on William Patterson a libel upon
Gov. Clinton, inasmuch as the Governor did not commission the tory
William as a colonel. Leaving out that statement as to the governor, the
note is a good one for the tory William Patterson. Col. Eleazer Patter-
son was for awhile a zealous 'Yorker,' but never a tory. From the fact
that Col. Patterson's residence in Vernon is marked on Gen. Whitelaw's
map of Vermont, 1821, the editor infers that the colonel was a worthy
and highly respected citizen of the state for many years, and probably
until his death.-See p. 397.
36

GENERAL INDEX.
}
GENERAL INDEX.
A.
Abbott, John, 148.
Abbott, Timothy, 150, 508.
Acknowledgments and Explana-
tions, vi.
Act authorizing this volume, v.
Act of 1779 to prevent the return
of certain persons [tories] to the
State, 22.
Act of 1783 to enable towns and
parishes to erect houses of wor-
ship, &c., 400; remarks of Daniel
Chipman thereon, 402.
Act of New York, 1774, to suppress
riotous associations in Vermont,
472-477; remarks thereon by
Ethan Allen in behalf of his as-
sociates, 477.
Acts of 1778, titles of sundry, 98.
Adams, Andrew N., vi, 127.
Adams, President John, 40, 89, 125,
324.
Adams, Dr. Samuel, of Arlington,
167, 226.-Biographical note, 167,
Mrs. Samuel, 192, 226.
Adams, Samuel, of Massachusetts,
181.
Address to the people of Vermont
on the first election under the
Constitution, 215.
Address, Remonstrance, and Peti-
tion to Congress, 1776, 16.
Aiken, Deacon, 346.
Aiken, Capt. Edward, 27, 36, 54, 344,
351, 357, 368.
Allen, Capt. Ebenezer, 6, 7, 9, 15,
23, 27, 53, 55, 63, 93, 110, 143, 147,
157, 164, 181, 199-201, 221, 225,
228-9,246, 253-5, 262, 283-5.-Bi-
ographical note, 147.
Allen, Enoch, 111.
Allen, Gen. Ethan, viii, 4-7,9,68,110-
114, 117, 119, 122, 147-149, 159,
163, 181, 228, 262-4, 271, 274, 277,
284, 290-91, 299, 305, 309, 339,
371, 406, 411, 415, 417, 427, 429,
452, 468, 474, 482, 518–19, 522, 527–
8.-Letters of: to Gen. Wash-
ington, 290; to Prest. Weare, of
New Hampshire, 426, 431.-Mon-
umental inscription, by, 110.-
Report on the first Union with
New Hampshire towns, 415.—
Vindication of Vermont against
New York, 444-517.-Biographical
note, 262. See Act of New York,
1774; Clinton, Gov. George; Proc-
lamations; and Grant of Charles
the Second to the Duke of York.
Allen family, notice of, 110–117.
Allen, Maj. Heber, 110-113, 147, 224.
Allen, Capt. Heman, 6, 8, 9, 12–15,
19-21, 23, 24, 27, 35, 39, 46, 47, 50,
53, 55, 58, 63, 70, 72–74, 83, 84, 109–
114, 122, 147, 151, 396.—Biograph-
ical note, 114.
Allen, Heman, of Colchester, 110,
111.
Allen, Heman, of Milton, 110, 111.
Allen, Maj. Gen. Ira, 6, 8, 9, 15, 19,
21, 23, 27, 28, 31, 35-39, 41, 42, 45,
46, 51, 53, 55, 58, 59, 62, 63, 67–77,
83, 85, 107, 109-117, 119, 123, 124,
130-135, 137, 142, 147, 159, 167,
204, 223, 234-236, 243, 257, 272,
273, 275, 277, 281-284, 288, 294,
295, 299, 303, 304, 309, 330, 376,
405–441, 527.—Letters of: to Com-
missioners of Sequestration, 1777,
136; to New Hampshire Council
of Safety, 1777, 131; to Samuel
534
General Index.
Assembly journals, extracts from,
243-250, 264, 267, 279, 281-284,
286, 287, 288, 302, 303, 304.
Atkinson, Theodore, Jr., 407, 513.
Atlee, Samuel J., 441, 521-23.-
Letter of to committee of Cum-
berland county, 441, 522.
Atwood, William, 43, 316.
Autographs of Thomas Chittenden
and Joseph Marsh, explanatory
note, vii, viii.
:
Hitchcock, 1809, 115; to Eleazer | Ashley, Thomas, 12.
Keyes, 1810, 114; to militia offi-
cers, 1777, 133; to Mrs. Fanny
Penniman, 1809, 114.-Account
of the first Union with New
Hampshire towns, 405-409; ac-
count to New Hampshire of that
union, 427-429; account to Ver-
mont of the proceedings of New
Hampshire thereon, 432-435; ad-
dress to the people of Vermont
on the same subject, 436–441.—
Manifesto of Vermont, 1777, 390-
393. Miscellaneous Remarks
and Short Arguments, in reply to
a pamphet distributed by the
Convention of New York, 1777,
376–389.—Biographical note, 115.
Allen, Ira H., 111.
Allen, Israel, 75.
Allen, Lieut. John, 160.
Allen, Joseph, 110–113, 147.
Allen, Lieut. Levi, 9, 110-113, 116,
147.
Allen, Lucy, 111.
Allen, Lydia, 111.
Allen, Maria Juliet, 111.
Allen, Mary Brownson, 110.
Allen, Matthew, 110, 147.
Allen, Samuel, 7, 110, 147.
Averill, Capt. John, 336, 345.
Averis.-See Everest, Benjamin and
Zadock.
B.
Babcock, Elijah, 9.
Bailey, John G. D., 54, 55.
Baker, John and Mary, 110.
Baker, Capt. Remember, 9, 68, 110,
112, 148, 149, 163, 192, 225, 253,
468, 474, 477.-See Additions and
Corrections, 527.
Baldwin, Asa, 146, 202.--Biograph-
ical note, 146.
Baldwin, Benjamin, 54, 55, 63, 245.
Baldwin, Thomas, 146, 202.
Allen, Capt. Parmaly, 188, 221, 309. Banishment of Tories-see Act of
Allen, Lieut. Samuel, 260.
Allen, Zimri, brother of Ira, 110-
113, 147.
Allen, Zimri, son of Ira, 111.
Alvord, Elijah, 63, 329, 344,
347, 350, 351, 354.
Amsden, Thomas, 336.
Amherst, Maj. Gen. Jeffrey,
183.
346,
1779, to prevent the return of cer-
tain persons; and Tories, treat-
ment of.
Banyar, Goldsbrow, 17, 146, 271, 479.
Bardsley, Bennett, 163, 169, 172,
179, 203, 204.
Barker, Capt. Timothy, 27.
Barlow, Joel, 125.
156, Barnes, Francis, 173.
Anderson. Samuel, 266.
Andross, Maj. Edmond, 498.
Andross, Doct. Bildad, 54, 55,
63,
338.
Angell, Capt. Abiather, 160, 181.
Angell, Nodebrah, 280.
Apthorp, Charles Ward, 240.
Barnes, Lieut. John, 157, 356.
Barney, Capt. John, 53, 55, 118.
Barnum, Lieut. Barnabas, 6, 7, 215,
245.
Barren, Thomas, 204.
Barrett, Hon. James, 238.
Barrett, Col. John, 207, 342.
Bartholomew, Jeptha, 188.
Armstrong, Ensign Lebbeus, 176, Bartholomew, Timothy, 280, 303.
259.
Armstrong, Hon. L. B., 176.
Arnold, Maj. Gen. Benedict, 176.
Articles of Association adopted by
Congress, Oct. 20, 1774, 325; as-
sociation in Cumberland county,
340; association in New York
city, 340; association in Vermont,
14, 21, 23, 24, 28, 31, 36.
Bartlett, Josiah, 435.
Barto, Samuel, 158.
Barton, Andrew, 202, 206.
Bass, Abraham, 507.
Bass, John, 156.
Bateman's Patent, 392, 438.
Batterman, Henry, 183.
Battle of Bennington-no account
in the records, but the action of
General Index.
535
the Council of Safety from its
organization in July, 1777, to and
including some time after the
event, had reference to the bat-
tle.
Baume, Lieut. Col. Frederick, 161.
Bayard, Hon. James Ashton, 125,
126.
Bayley, Gen. Jacob, 30, 31, 38, 43,
46, 58, 63, 67, 68, 73, 74, 109, 117,
122, 135, 138, 159, 172, 207, 218,
234, 235, 243, 249, 275, 280, 343,
363, 371-375, 432-435.-Letters
of: to New York Congress, 371,
372; to New York Convention,
373; to Assembly of New Hamp-
shire, with Davenport Phelps, in
1779, 432.--Biographical note, 117.
Bayley, Joshua, 249.
Bayley, Mrs. Prudence Noyes, 117.
Bean, Sergt. John, 180.
Beaumont, Adjt. Ebenezer, 160.
Bebee, Dr., 111.
Bedel, Col. Timothy, 33, 257, 258,
264, 266, 428.—Biographical note,
264.
Beedle, William, 165.
Belknap, Jeremy, vi, 412; quota-
Col.
than Breakenridge, 194; Col. John
Brown, 181; Gen. Gideon Brown-
son, 7, 8; Col. Timothy Brown-
son, 238; Crean Brush, 271; Capt.
Jesse Burk, 398; Nathan Can-
field, 163; Lieut. Gov. Benjamin
Carpenter, 117; Hon. Thomas
Chandler, jr., 241; Gov. Thomas
Chittenden, 118, portrait facing
title-page Gen. Isaac Clark, 121,
122, 225; Maj. Jeremiah Clark,
120; Hon. Nathan Clark, 120;
George Earle, 316; Hon. Beuja-
min Emmons, 239; Benjamin and
Zadock Everest, 183, 211; Doct.
Jonas Fay, 122; Col. Joseph Fay,
122; William Gallup, 247
John Hazeltine, 317; Gen. Moses
Hazen, 218; Col. Samuel Herrick,
160; Benjamin Hough, 468; Phin-
ehas Hurd, 153; Doct. Reuben
Jones, 314; Isaac Low, 314; Hon.
Matthew Lyon, 123; Lieut. Gov.
Joseph Marsh, 235, with a por-
trait and autograph; Col. William
Marsh, 22-3: Gen. John McNeil,
193; Col. James Mead, 216; John
Munro, 148; Hon. Thomas Mur-
dock, 240; Gen. Peter Olcott, 241;
Col. Eleazer Patterson, 397
William Patterson, 299; Lieut.
Gov. Elisha Payne, 275; John Pe-
ters, 267; Francis Pfister, 176;
Charles Phelps, 348, 350, 358;
Solomon Phelps, 358; Lieut. Mar-
tin Powell, 148; Gov. Moses Rob-
inson, 128; Col. James Rogers,
27; Deac. Azariah Rood, 207;
Capt. Abner Seeley, 31; Capt.
Justice Sherwood, 192; Col. Ben-
jamin Simmons, 179; Col. Philip
Skene, 153; Joseph Smith of
Clarendon, 216; Benjamin Spen-
cer,68; Lieut. Leonard Spaulding,
154, 320; Doct. Paul Spooner, 129;
John Taplin, 372; Hon. Micah
Biographical notes: on Doct. Samuel Townshend, 518; Abraham Un-
Adams, 167; Col. Ebenezer Al- derhill, 146; Maj. Gen. Benjamin
len, 147; Gen. Ethan Allen, 262; Wait, 156; Col. Seth Warner, 159;
the Allen family, 110-117; Capt. Col. Samuel Wells, 354; Col. and
Heman Allen, 114; Maj. Gen. Ira Prest. John Wheelock, 32, 428;
Allen, 115; Asa Baldwin, 146; Rev. Dr. Samuel Williams, 177;
Lieut. Barnabas Barnum, 215 Col. Ebenezer Wood, 221; Capt.
Gen. Jacob Bayley, 30, 31, 117; Azariah Wright, 315; brief noti-
Col. Timothy Bedel, 264; Col. Jo- ces of the officers of Warner's
seph Bowker, 190; Lieut. James first regiment, 6–10.
Breakenridge, 151; Maj. Jona- | Blake, Rev. Dr. J. L., 177.
tion from, on the first Union with
New Hampshire towns, 409-413.
Belknap, Jesse, 15, 23, 267, 280.
Bellows, Col. Benjamin, 64, 65.
Bellows, widow Mary, 272.
Bellows Falls, 404.
Benedict, Abel, 53, 55.
Benedict, Elijah, 172; Mrs. Elijah,
291.
Benjamin, John, 229, 249, 290, 291.
Bennett, Nathaniel, 344, 345, 351,
352, 357.
Bentley, James, 15, 23, 526.
Benton, Lieut. Eldad, 356.
Benton, Lieut. Samuel, 15, 23, 26,
32, 35.
Bigelow, Joel, 47.
Biglow, Jotham, 46.
•
536
General Index.
Blakeley, Lieut. Jellis, 6, 8.
Blakeslee, James, 305.
Blanchard, Abner, 187.
Blanchard, Ensign Nathaniel, 260.
Bleecker, John R., 508.
Board of War, (Governor and Coun- |
cil, in 1779,) 288; record of, 295–
297, 298-301, 306–309. See Com-
mittee of War.
Boardman, Hon. D. S., 160.
Bostwick, Arthur, 158-9, 225, 286.
Bottom, Mr., 209.
Bovey, Garritt and Richard, 156.
Bowker, Col. Joseph, 12, 15, 22, 26,
27, 33, 35–6, 38, 39. 47, 53, 55, 63, 64,
65, 74, 190, 198, 201, 223, 234, 235,
275, 280, 282, 283, 285, 286, 291,
295.—Letter of, to General As-
sembly of New Hampshire, July
3, 1777, 65.—Biographical note,
190.
Boyden, Capt. Joseph, 221, 223.
Boyden, Josiah, 320.
Bradley, David, 258.
Bradley, Lieut. Joseph, 15, 20, 22,
26, 33, 53, 55, 150, 225.
Bradley, Lieut. Lemuel, 15, 22, 27,
150, 283.
Bradley, Hon. Stephen Row, 303,
330.
Bratten, Joseph, 192.
Braten, [Brayton,] Thomas, 15, 23,
212, 250. 251, 526.
Breadstuffs, action on, 207, 253, 264.
Breakenridge, David, 145.
Breakenridge, Francis, 155.
Breakenridge, Lieut. James, 13, 14,
19, 145, 146, 148, 150, 151, 193, 221,
273, 274, 298, 468, 474, 477, 506,
507.-Biographical note, 151.
Breakenridge, Jonathan, biograph-
ical note, 194.
Brewster, Charles, 63, 165.
Brewster, Ezekiel, 150.
Bridgeman, John, 344, 346, 348, 350,
352, 354, 357, 359, 369.
Brisco, Mr. and Mrs. Isaac, 226.
Brock, James, 197.
Brookings, Lieut. James, 260.
Broomley, [Bromley,] Mr., 195.
Bromley, William, 179.
Bronson, [Brownson,] Lieut. Eli,
53, 55, 259.
Brown, Jesse, 162.
Brown, Col. John, 157, 176, 181-183,
195.-Biographical note, 181.
Brown, Sylvanus, 251, 468, 474, 477,
481.
Brownson, Gen. Gideon, 6-8, 35, 160,
258, 267, 272, 290, 293, 295, 300,
301.—Biographical note, 7-8.
Brownson, Col. Timothy, 12, 26, 35,
63, 67, 114, 214, 224, 234, 235, 238,
275, 280, 282, 285, 295.-Biograph-
ical note, 238.
Brush, Crean, 111, 271, 272, 299, 320,
321, 468, 469, 479.-Biographical
note, 271.
Brush, Col. Nathaniel, 154.
Buchanan, Frances, [Lydia, Fan-
ny,] 111.
Buck, Samuel, 169.
Buel, Captain Ephraim, 15, 23, 260.
Bull, Thomas, 33, 53, 55, 158.
Bullen, Rev. Joseph, 48.
Bullis, Henry, 167.
Bullock, William, 329.
Bump, Edward, 154.
Bumpus, Edward, 291.
Burgoyne, Lieut. Gen. John, 59, 76,
116, 130, 133, 169, 176, 189, 195,
196, 200, 292, 464.-Proclamation
of, July 10, 1777, 130.
Burk, Capt. John, 315.
Burk, Capt. Jesse, 152, 398, 399.—
Biographical note, 398.
Burk, Silas, 336.
Burlingame, Israel, 344, 345, 351,
355, 369.
Burnap, Deac. John, 222.
Burnes, Francis, 166.
Burnham, John, of Shaftsbury, 15,
22, 26, 33, 259.
Burnham, Capt. John, of Benning-
ton, 15, 20, 23, 26, 39, 53, 55, 63,
288.
Burr, Vice President Aaron, 126.
Burroughs, Capt., 147.
Burt, Jonathan, 329.
Burton, Jacob, 39, 54, 55, 241, 527.
Burton, Samuel, 165.
Butler, John, 320.
Butterfield, Benjamin, 305, 332, 338.
Butterfield, Mr., 205, 213.
Butterfield, Lieut. Thomas, 256, 259,
292.
C.
Cabot, Sebastian, 495.
Calhoun, Samuel, 507.
Camel's Hump, 403.
General Index.
537
Campbell, Lieut. Samuel, 260.
Canal, Champlain, 117; Champlain
and St. Lawrence, 116.
Canfield, Israel, 206.
Canfield, Lemuel, 165, 168–9.
Canfield, Nathan, 163, 165-6, 168–9.
-Biographical note, 163.
Cannon, John, 265.
Cape Breton, 268.
Carleton, Sir Guy, 314, 358.
Carleton, Maj. Thomas, 76, 183.
Carpenter, Lieut. Gov. Benjamin,
27-8, 38, 53, 55, 63, 69, 70, 73-4,
109, 117, 204, 234-5, 249, 273, 275,
282-3, 286, 303, 343.-Biographi-
cal note, 117.
Carpenter, Isaiah, 507.
Carr, Charles, 182.
Castle, Abel, jr., 150.
Castle, David, 169, 187; Mrs. David,
291.
Castle, David, jr., 172.
Caverly, Doct. A. M., vi.
Census ordered of persons liable to
do military service, 214.--See Pop-
ulation.
Chaffee, Atherton, 345, 347, 350.
Chamberlin, Lieut. Abner,54–5, 356.
Chamberlin, Lieut. Amos, 280, 356.
Chamberlin, Lieut. Benjamin, 150.
Chamberlin, Brown, 15, 23.
Chamberlin, Ruth, 280.
Chandler, Asa, 54, 55.
Chandler, John, 271, 344, 346, 351–
53, 357, 359.
Chandler, Col. Thomas, 36, 39, 43,
46, 63, 241, 242, 315-17, 334-5, 337–
8, 352.
Chandler, Maj. Thomas, jr., 46, 123,
234, 241-43, 315-16, 355, 359, 360.
Letters of: to Capt. Thomas Saw-
yer, 245, to Capt. Ebenezer Allen
and Isaac Clark, 246.—Biograph-
ical note, 241.
Chase, Doct., 338.
Chase, Col. Jonathan, 281.
Chase, Phinehas, 154.
Chase, Samuel, 281.
Chelson, Beriah, 162.
Chester town meetings, Oct. 10,
1774, 315; Feb. 10, 1777, 43.
Chipman, Hon. Daniel, vi, 79, 86. 89,
119, 400.--Remarks on article
three of the Declaration of Rights,
400.
Chipman, Hon. Nathaniel, 89, 119.
Chipman, Capt. John, 6, 7.
Chittenden, Beulah, 124.
Chittenden, Eli, vii.
Chittenden, Hannah, 121.
Chittenden, Hon. Lucius E., vi, vii,
viii.
Chittenden, Gov. Martin, vii, 120.
Chittenden, Noah, vii.
Chittenden, Gov. Thomas, vi, 15, 20–
22, 26–9, 35, 39, 46, 50, 53, 55, 58, 63,
67, 72-4, 83-4, 109, 114, 118, 122,
124, 127-8, 131, 137, 145, 147, 197,
202, 215, 233, 235, 254, 257, 263-4,
275, 277, 282, 291, 294-5, 299, 396,
399, 406, 417, 427, 442, 522.-Prin-
cipal letters and orders of: to Maj.
Gen. Lincoln, 169, 171, 222; to
Ebenezer Willoughby, 170; to
Gen. Gates, 175, 180, 200, 201; to
Col. Herrick, 185; to Committees
of Safety, 196; order on scarcity
of bread stuffs, 207; on sale of in-
toxicating liquors, 210; on reports
against the Rangers, 212; to Gen.
Stark, 213; to the people of Ver-
mont, 215; to Col. Hay, 217; to
Gen. Hazen, 217, 222; circulars to
militia officers, 175, 219, 221; to
Capt. Ebenezer Wood, 221; to
Maj. Benjamin Wait, 223; to Com-
mander at Albany, N. Y., 226; to
Col. Warner, 227; instructions to
Capt. Ebenezer Allen, 228; to
John Benjamin, 229; to Capt. Eb-
enezer Wallace, 251; to Lieut.
Gov. Marsh, 254, 256; letter of
censure, [address withheld.] 256;
to Col. Timothy Bedel, 265; to
Enoch Woodbridge, 292; to Gen.
Washington, 292; to Gen. James
Clinton, 293; to Meshech Weare,
294; orders to Gen. Ethan Allen
to enforce the authority of Ver-
mont in Cumberland county, 299;
to Isaac Tichenor, 308; to Capt.
Parmely Allen, 309; proclamation
of pardon to the disaffected in
Cumberland county, 1779, 442;
letter to a Vermont officer in
Cumberland county, 523; to com-
mittee of Congress, 523.--Bio-
graphical notice, 118.-Portrait
and autograph of, facing the title-
page.
Church, John, 272.
Church, Oliver, 332.
37
538
General Index.
Church, Timothy, 305.
Churchill, Jesse, 53, 55.
Circulars to Committees of Safety,
189, 196, 197.
Claghorn, Lieut. Col. James, 260,
287, 291.
Clark, Daniel, 182.
Clark, Adjt. Elisha, 136, 146–7, 253.
Clark, Gen. Isaac, 121, 143, 150, 165-
6, 172, 225-6, 229, 246, 255, 286–7.
Biographical notes, 121, 122, 225.
Clark, Maj. Jeremiah, 11, 15, 22, 26,
32, 35, 53, 55, 63, 70, 73–4, 109, 114,
120, 212, 224, 234-5, 264, 275, 282,
284-6.-Biographical note, 120.
Clark, Hon. Myron, 70, 120.
Clark, Hon. Nathan, 6, 26, 32–3, 35–
6, 39, 43, 46, 52-3, 55, 63, 67, 73-4,
109, 120, 134, 179, 224-5, 244, 469.
-Biographical note, 120.
Clark, Nathan, jr., 39, 121.
Clay, Ephraim, 305.
Clay, Capt. James. 24-5, 37, 60, 137,
152, 300, 305, 345-48, 350-51, 355,
357, 363-65, 368-9, 397-8.-War-
rant for his arrest, 398.
Clay, James, jr., 305.
Cleaveland, Moses, 185.
Clesson, Matthew, 505, 507-8.
Clinton, Gov. George, 298, 417, 434,
468, 519-20.-Gross error concern-
ing corrected, see Additions und
Corrections, 529.-Letters of: to
President John Jay, 519; to New
York Delegation in Congress, 520.
--Proclamation to Vermonters,
Feb. 1778, 449; Ethan Allen's re-
ply thereto, 452. Proclamation to
Vermonters, October 1778, 455 ;
Ethan Allen's reply thereto, 456.
Clinton, Brig. Gen. James, 290, 292--
3, 525.
Cochran, Lieut. Col. Robert, 9, 68,
148, 175–6, 468, 474, 477, 481.
Coffein, Capt. John, 54, 55, 63.
Colden, Lieut. Gov. Cadwallader,
56, 90, 91, 337, 383, 434, 488.
Cole, Ebenezer, 273, 274, 298.
Cole, Freegift, 166.
Collins, Thomas, 162.
Colvin, Luther, 185.
Colvin, Oliver, 182.
Commission to Lieut. Col. Samuel
Herrick, 135.
Commissioners of Sequestration,
134, 136, 154, 185, 190, 192, 197,
198, 200, 201, 202, 203, 205, 208, 209,
|
213, 224, 247, 272, 273.-See Court
of Confiscation.
Committee to procure arms for the
State, 67; to gather records of
Conventions, Council of Safety,
Governor and Council, and Gen-
eral Assembly, 272; to repair to
Ticonderoga, 58.
Committee of Safety in Cumberland
County, proceedings of, 313-370;
in Gloucester County, 371-375.
Committee of War, in 1776, 33; in
1777, 46, 47.—See Board of War.
Committees of Correspondence,
note on, 13.
Common Law of England adopted
by Vermont, 246.
Compensation to the Governor for
the first session, 246; for the year
1779-1780, 282.-Of Lieutenant
Governor, 247.-Of Councillors.
248, 281, 286.-Of members of
the House, 281, 286.
Complaints against New York, 56.
Comstock, Capt. Daniel, 259.
Condition of Vermont, 1777–1779,
134, 292.
Conditions and reservations in the
first grant of land made by Ver-
mont, 244-5.
Confiscation of estates of tories,
first made by Vermont, 134, 135;
cases of, 136, 165, 185, 198, 203,
206, 208, 209, 250, 267, 271, 272,
283, 284.
Congress, Continental, Articles of
Association, 1774, 325; committee
of, appointed to visit Vermout,
522; declaration and resolves,
1774, 322; resolution of, May 15,
1776, 40, 58; resolutions of, con-
cerning Vermont, 21, 396, 520;
resolution raising Warner's third
and continental regiment, 1776,
159.-Agents or delegates of Ver-
mont to, 13, 46, 250, 276, 283, 284,
305, 307.
Connecticut, 137, 183, 211, 309, 388,
395, 448. Appendix I, passim.
Connecticut Courant, 57, 144.
Constitution of Vermont, observa-
tions on, 78; introduction to, 83-
89; amendments of 1786, 84; 1793
to 1870, 85; on the Preamble, 85;
origin of the Constitution, 86;
copy of the original Constitution,
90-103.
General Index.
539
Constitutions, first, of Pennsylvania | Dartmouth, Lord, 337.
and Vermont compared, 86-89.
Conventions, General, of Vermont,
at Dorset, 6, 11, 14, 26; at West-
minster, 36, 38; at Windsor, 52,
62, 76.
Convention at Manchester, March
1, 1775, 467.
Conventions at Cornish, N. H., 430,
436, 437.
Converse, Gov. Julius, v, vi.
Daton, Caleb, 163, 174.
Davenport, Charles, 320.
Davis, Ebenezer. 191.
Davis, Nathaniel, 336.
Davoo, Abraham, 191.
Davoo, John, 153, 266, 508.
Dawson, Henry B., 46.
Day, Doct, Elkanah, 37, 47, 305,
338, 344, 345, 347, 348, 351, 355,
357, 369.
Cook, Capt. Elkanah, 192, 201, 212, Deal, Adam, 284.
216.
Cook, Samuel, 184.
Dean, Capt. William, 160.
Debenture of Board of War, 297.
Debentures of Council, 251, 255,
257, 259.
Declaration of Vermont's Indepen-
dence, 40, 41; revised declaration,
51.
Cooley, Capt. Benjamin, 260.
Cooper, Rev. Dr. Myles, 271.
Cooper, Thomas, 280.
Corkins, Capt. Stephen, 260.
Cornwallis, Lord, 116.
Council, origin of in Vermont, 35. Declaration and petition to Con-
-Of Safely, appointment of, 67, gress, 48. Declaration and re-
75; powers of, 108; members of, solves of the Continental Con-
109-129; record of, 130–229.—See gress, Oct. 1774, 322.
Governor and Council.
Delancy, Capt. 469.
Councillors, [Governor and Coun- Delaware, 309.
cil,] pay of, 248, 281, 286.
Counties, established in 1778, Ben-
nington and Cumberland, 244.
Court to banish tories, 273.
Courts of Confiscation, 235, 248-9,
283-4.
Covenant or Compact, 1776, 29.
Crawford, Hon. Theophilus, 331.
Crittenden, Senator, of Ky., vii.
Cumberland County Congress and
Committee of Safety of, 1774 to
1777, 313-370.
Cummings, Francis, 306.
Cummings, James, 305.
Curtis, Amos, 15, 23, 26.
Curtis, Comfort, 166–7, 188.
Curtis, Ebenezer, 344-6, 355, 363.
Curtis, Capt. Israel, 200.
Curtis, John, 167, 188, 212;
John, 212.
Cushing, Noah, 305.
D.
Mrs.
Dana, Henry S., vi, 239, 248, 526,
527.
Dana, John Winchester, 54–5, 63,
280, 329, 346–7, 356, 363, 527.
Daniels, Lieut. Nathan, 260.
Daniels, Samuel, 245.
Delegates to form the Constitution
of Vermont, election of, 57.
Delegates from Vermont to the Pro-
vincial Congress of New York,
339, 341, 342, 344, 346, 351.
Deming, Leonard, 63.
Demmon, Levi, viii.
Denison, J. D., v.
Depreciated money, 286, 306.
Dewey, Capt. Elijah, 13, 14, 171.
Dewey, Rev. Jedediah, 128,
Dewey, Capt. Zebediah, 53, 55, 260.
Dickenson, Doct. Nathaniel, 179,
264.
Dickenson, Roger, 285.
Divorces granted, 269, 280.
| Dodge, Capt. Rufus, 227.
Doggerel verses by Levi Allen, 113.
Donklee, [or Dunklee,] Joseph, 166.
Doolittle, Mr., 224.
Dongan, Col. Thomas, 498.
Dorchester, Lord, 268.
Dorchy, Daniel, 173.
Doubleday, Nathaniel, 336.
Douglass, Asa, 306.
Drott, John, 508.
Duane, James, 17, 44, 376, 445, 479.
Duchy, Nathaniel, 287.
Duer, William, 376.
Duke of York, 482–517.
Dartmouth College, 238, 275, 278, Dummerston town meeting, Oct. 29,
428.
1774, 319.
540
General Index.
Dunham, Doct. Obadiah, 26, 29, 33. | Fassett, David, 136, 151, 161,164,166.
Dunmore, Gov. John Murray fourth | Fassett, Hon. John, 6, 7. 72-3, 123-
Earl of, 56, 91, 247, 434, 506.
Dunning, Amos, 288.
Dunning, Michael, 193, 213, 284, 288.
Dunning. Lieut. Richard, 260.
Dwight, Timothy. 507.
Dutcher, L. L., 214.
Dyer, John, 54–5, 368–9.
E.
Eady, [or Eddy,] Daniel, 187.
Eares, [or Ayers, or Ayer,] Mrs.
Mary, 193.
Earle, George, 316, 336, 344, 357,
359.—Biographical note, 316.
Easterbrooks, Mr.. 428.
Eastman, Benjamin, 153, 206, 209.
Eastman, Lieut. Enoch, 260.
Easton, Bildad, 305, 320.
Edgerton, Lieut., 194.
Ellsworth, Q. M. Arthur, 274.
Emancipation act, in the Constitu-
tion of Vermont, the first in
America, 92.
Emery, Noah, 433.
Emmons, Hon. Benjamin, 38–9, 47,
54-5, 234-5, 239-40, 249, 275, 279,
304, 346, 355, 357, 526, 527.—Bio-
graphical note, 239.
Emmons, Dr. Lewis, 239.
Enforcement of Vermont's author-
ity in Cumberland County,
300, 302.
Enos, Jerusha, 111.
Enos, Gen. Roger, 111, 157, 527.
Evans, Abigail, 363, 364.
Evans, Moses, 304.
4, 147, 160, 186, 189, 197, 198, 203,
213-14, 251, 273, 277, 280, 294–5,
406.
Fassett, Capt. Jonathan, 15, 23, 53,
55, 136, 201.
Fassett, Capt. Jonathan W., [prob-
ably Capt. Jonathan,] 164.
Fast day, 59, 291.
Fay, Benjamin, 208, 249, 261.
Fay, Doct. Jonas, 9, 12, 13, 19, 21,
23, 24, 26, 28, 29, 31-33, 35, 38, 45–
7, 50, 53-55, 58, 61, 63, 67–69, 71,
73-5, 84, 107, 109, 114. 119, 122,
131, 145, 151, 159, 204–5, 216, 234–
5, 243, 249, 250, 256, 262, 264, 272–
3, 275-6, 282-5, 288, 291, 302, 305–
6, 308, 396, 417.-Letters of: to
Maj. Israel Smith, 138; to militia
officers, 144; to Gen. John Stark,
174; to Gen. Horatio Gates, 175;
to Gen. Oliver Wolcott, 176.-
-Biographical note, 122.
Fay, Joseph, 45-6, 68, 73-4, 107, 109,
119, 122, 130, 142, 161, 202, 234,
253, 259, 275, 279, 282, 290, 291,
293, 295, 527.—Letters of: to Jonas
Galusha, 178; to Gen. IIoratio
Gates, 186-7, 193; to Col. Samuel
Herrick, 195, 198; to Maj. Benj.
Wait, 220, 225.--Biographical no-
tice, 122.
298-Fay, Stephen, 122.
Everest, Lieut. Benjamin, 183, 211;
Capt. Zadock, 13, 211, 220.-Bio-
graphical note, 211.-See Averis.
Everts, Oliver, 12.
Everits, [Everts,] Eli, Sylvanus and
Timothy, 285.
Executive Correspondence, March,
1779, 292-294.
F.
Fairbanks, Phinehas, 353.
Fairfield, Mrs. Abigail, 185.
Fairfield, Mrs. William, 285.
|
Fellows, Gen. John, 188.
Fields, Jesse, 162.
Fight in Shelburne, March, 1778,
245, 246.-See Additions and Cor-
rections, 528.
Filmore, President Millard, 259.
Filmore, Lieut. Nathaniel, 259.
Finch, Mr., 111.
First formal proceedings for sever-
ance from New York, 24.
Fish, Josiah, 15, 23, 526.
Fish, Joshua, [Josiah,] 21.
Fisk, Nathaniel, 164, 188.
Fisk, N. of Corinth, 280.
Fitch, Pelatiah, 357, 359, 417.
Fitch, Capt. William, 6, 7, 15, 23, 26,
35-7, 53, 55, 134, 161, 165, 172, 205,
214, 224, 291.
Fletcher, James, 287.
Families of tories sent out of the Fletcher, Col. Samuel, 15, 21, 23, 24,
State, 166, 226, 261.
Farnsworth, Capt. Joseph, 150.
Fassett, Benjamin, 136, 152.
36, 39, 63, 266–7, 2×1, 296–7, 299,
300, 303, 305, 307, 329, 342-46, 356–
7, 359, 368.
General Index.
541
Foot, Q. M. George, 191, 260.
Foot, John, 197.
Foot, Whitefield, 53, 55.
Fort Ann, 75, 170, 237.
Fort at Castleton, 295-6, 301.
Fort Crown Point, 59, 117, 153, 159,
161, 183, 254, 266, 447, 448, 493,
516.
Fort Dummer, 485, 486.
Fort Edward, 75, 133, 138, 170, 237.
Fort George, 170, 174, 175.
Fort [Mount] Independence, 157,
161, 182, 187, 195-6, 200.
Fort at New Haven, 228, 245.
Fort at Pittsford, 295–6, 306.
Fort Ranger, Rutland, 301.
Fort Stanwix, 187.
Fort Ticonderoga, 58–9, 62, 64-66,
74, 116–17, 122, 128, 130-31, 138,
144, 153, 157, 160-61, 174–6, 181,
183, 185, 187, 189, 192–3, 195-6.
200, 237, 254, 262, 447, 448.
Foster, Ezekiel, 507.
Galusha, Capt. David, 6, 7.
Galusha, Elisha, 124.
Galusha, Jacob, 213.
Galusha, Gov. Jonas, 178, 259.
Gardiner, Paul, 153.
Gardner, George, 197, 508.
Gates, Daniel, 320.
Gates, Elijah. 46.
Gates, Maj. Gen. Horatio, 33, 123,
162, 169–71, 175–6, 178. 181, 185–7,
193, 195-6, 199-201, 254, 256-8,
265–6, 362, 428.
General Assembly, note on, 269.
General Committee and Grand
Committee, note on, 270.
General Conventions, proceedings
of, at Dorset, 6, 11, 14, 26; at
Westminster, 36, 38; at Windsor,
52, 62, 76.
Gentlemen exempted from military
duty in Cumberland county, 345.
Gilbert, Daniel, 54, 55, 527.
Gile, Moses, 316.
Gilson, Michael, 305, 363-5, 367, 369.
Franklin, Benjamin, 59, 78, 83, 89, Gilson, Zachariah, 336.
Foster, Reuben, 63.
395.
Francisco, Henry, 182, 190.
Frazer, Mr., 198.
Frazer, Simon, 198.
Freeman, Phineas, 348.
French, widow Abigail, 288.
Mrs. Jeremiah. 260, 261.
Goff, Mrs. David, 219.
Gold, Lieut. James, 160.
?
Goodenough, Capt. Levi, 161, 223,
274, 280.
Goodhue, Rev. Josiah F., vi.
Goodsell, Isaac, 183-4, 197.
French, Jeremiah, 260, 261, 294: Gordon, Alexander, 180, 209.
French, Nathaniel, 329.
French, Nehemiah, 167, 169.
French, William, 316, 330–32, 336.
Fuller, Abigail, 352–3.
Fuller, Asa, 281.
Fuller, Ebenezer, 344, 351, 355.
Fuller, Jonathan, 357.
Fuller, Joseph, 336.
G.
Gadsden, Christopher, 323.
Gage, Lieut. Isaac, 260.
Gage, John, 15, 22.
Gage, Gen. Thomas, 271.
Gordon, Rev. William, 161.
Gorton, Benjamin, 320, 33€, 345, 359,
Governor, the style of, His Excel-
lency, 244; pay of for first session,
246; for the year 1779-80, 282.
Governor and Counci', introduction
to the record of, 233-242; record
of from March 12, 1778, to Aug.
23. 1779, 243-309; members and
officers of the first Council, 233–
241; of the second Council, 275-
278; authorized to draw orders
on the treasurer, 244; to be the
executive body, 265; as Board of
War, 288, 294-309; authorized to
revise the laws, 288.
Gage, Capt. William, 15, 22, 27, 53, ¡ Graham, Dr. John A., vi, 177, 178.
55, 63.
Gale, John, 27, 220.
Gale, Samuel, 335, 338.
Gallup, Doct. Joseph A., 239, 241,
247.-See Additions and Correc-
tions, 527.
Gallup, Capt. William, 54-5, 241, 247-
S, 527.-Biographical note, 247.
Grant of Charles the Second to the
Duke of York, 489; discussed by
Ethan Allen, 490–494.
Grant, Capt. John, 6, 7, 9, 160.—See
Additions and Corrections, 526.
Green, Ebenezer, 223.
Green Mountain Boys, 5, 6, 18, 438,
446, 452, 518.
542
General Index.
Green, Reuben, 162.
Green, Thomas, 155.
Greenleaf, Stephen, 338, 368.
Griffin, John, 332.
Griffin, Phil., 164.
Griswold, Maj., 273.
Griswold Roger, 124, 527.
Griswold, Sergt., 272.
Grout, Hezekiah, 329.
Grout, Maj. Hilkiah, 342, 363-7, 369.
Haviland, Joseph, 153, 270.
Haviland, William, 179, 269–70.
Hawkins, Gaylord, 202.
Hawley, Abel, jr., 19, 298; Mary,
widow of, 298.
Hawley, Agur, 127, 194, 199.
Hawley, Andrew, 163-4, 173–4, 202,
213.
Hawley, Mrs. Anger [or Agur,] 148.
| Hawley, Curtis, 150.
Grout, John, 316–19, 321, 352–3, 355, | Hawley, Mrs. Easter, 197.
359, 360.
Guild, Moses, 329.
Gurley, Israel, 344, 346–7.
H.
Haile, Amos, 368–9.
Haldimand, Gen., 192.
Hawley, Capt. Elisha, 342, 356.
Hawley, Ensigu James, 256, 259.
Hawley. Jehiel, 151, 467.
Hawley, Peter, 206.
Hazeltine, Col. John, 317-20, 329–
30, 339-41.—-Biographical note,
317.
Hazelton, Capt., 280.
Haldimand Correspondence, 177, Hazen, Joshua, 280.
238, 263; note on, 115.
Hale, Amos, 280.
Hale, Col., 156.
Hall, Benjamin H., vi, 24, 46, 51, 52,
63, 314, 320, 322, 329, 330, 331, 347,
348, 354, 356, 358, 376.
Hall, Gov. Hiland, vi, 18, 37, 41, 42,
44, 46. 59, 67, 73, 74, 78, 129, 135,
149, 151, 237, 525, 527-8.
Hall, H. B., of New York, vii, viii.
Hall, Capt. John, 39.
Hall, Thomas, 281.
Hamilton, Col. Alexander, 126.
Hancock, John, 5, 19.
Hancock, Joseph, 332.
Hard, Capt., 213.
Hard, James, 205.
Hard, Lieut. Philo, 6, 8, 226; Mrs.
Philo, 193.
Hard, Zadock, 163-4, 173, 182.
Harmon, Ensign Joel, 260.
Harmon, Reuben, 15, 22, 26, 280.
Harris, Mr., 150.
Harris, Edward, 280, 302, 318, 329.
Harris, Thaddeus, 155.
Harvey, Alexander, 63, 372.
Harvey, Doct. Solomon, 320-21,329-
30.
Harwood, Peter, 166.
Haselton, Jacob, 329.
Haskins, James, 187.
Hatch, John, 249.
Hatch, Capt. Joseph, 356.
Hatheway, Alfred, 199.
53, 55, 270.
Haven, Ebenezer, 344, 357.
|
Hazen, Gen. Moses, 117, 218-19,
221-2.-Biographical note, 218.
Hazen, Richard, 507.
Hazen, Thomas, 351, 356.
Hay, Col. Udney, 217, 222.
Hemenway, Miss Abby Maria, vi.
Henderson, Caleb, 150, 226.
Herrick, Col. Samuel, 31, 135, 137,
157, 159-61, 176, 181, 185, 187-8,
192, 194–6, 198–9, 211, 213, 217,
219, 221, 223–4, 228, 253, 255, 259,
261-2, 267, 272, 274, 290, 296–7,
300, 301, 305, 307-8.-Biographi-
cal note, 160.
Herrick, Stephen, 224.
Hicks, Whitehead, 247.
Hildreth, Joseph, 27, 36, 344-6, 351,
359.
Hill, Daniel, 197.
Hill, Doct. William, 53, 55, 338.
Hinesdel, Ensign Joseph, 259.
Hinman, Edward, 202.
Hitchcock, Benjamin, 15, 23, 526.
Hitchcock, Hon. Samuel, 115, 177.
Hodges, Capt. Edmond, 227.
Hogan, Doct., 186.
Hoisington, Ebenezer, 27, 29, 35–7,
39, 46–7, 54–5, 63, 330, 344–6, 351–
2, 355, 357-9, 368.
Hoisington, Jacob, 329.
Hoisington, Col. Joab, 31, 39, 156–7,
319, 329, 341-2, 356, 374.
Holabud, Jonathan, 186.
Holibud, Moses, 186.
Hatheway, Simeon, 13–15, 22, 26, 33. | Holmes, Lieut., 199.
Holmes, Nathaniel, 150.
Holt, Benjamin, 214.
General Index.
543
Hooker, John, 507.
Hooker, Rev. Thomas, 147, 236.
Hopkins, Ensign James, 260.
Hopkins, Stephen, 150.
Hopkins, Maj. Wait, 6, 7, 9, 150, 160.
Hornblower, Joseph, 195.
Horsford, Joseph, 303.
Hough, Benjamin, 468. .
Houghton, Edward, 336.
Hovey, Doct., 186.
Howard, Col., 508, 509.
Howard, Jonathan, 194, 195.
Howe, Nehemiah, 15, 23, 27, 33, 63.
Howe, Lieut. Gen. William, 131, 174.
Howes, Hon. Joseph, 278.
Howes, Mrs. Patty Wilder, 278.
Hubbard, Watts, 247, 248.
Hubbard, Watts, jr., 154, 247-8, 281,
290.
Hubbell, Elnathan, 150, 219.
Hulbert, [or Hubbard,] Ambrose,
291.
Hulbert, Lieut Israel, 260.
Hunt, Adjt. Arad, 342-5, 351, 354.
Hunt, Hon. Jonathan, 342-3, 368-9.
Hurd, Abijah, 150.
Hurd, Capt., 158.
Hurd, James, 12.
Hurd, Phinehas, 153.
Hurlbut, Philo, 150.
Hurlbut, William, 188.
Hutchins, Capt. William, 178, 213,
259, 285.
Hutchinson, Rev. Aaron, 64, 67.
Hutchinson, David, 316.
Ives, Lieut. Abram, 260.
Ives, Lieut. David, 9.
Ives, Isaac, 163, 197, 221.
Ivrill, [or Averill,] Arad, 210.
J.
Jacobs, Stephen, 157.
Jackson, Ensign Abraham, 15, 23,
260.
Jackson, Abraham, jr., 280.
Jail at Manchester, 32; at West-
minster, 60.
Jay, Hon. John, 376.
Jay, Joseph, 305.
Jefferson, President Thomas, elec-
tion of in 1801, 126.
Jennings, Rev. Isaac, vi.
Jewett, Capt. Daniel, 38, 300, 336.
Jewett, Col. Elisha Payne, 278.
Jewett, Capt. Nathan, 277–8.
Jewett, Mrs. Ruth Payne, 277.
Johnson, Asa, 15, 23.
Johnson, Col., 174.
Johnson, Lieut. Col. Robert, 54-5,
280.
Johnson, Col. Thomas, 46, 192.
Jones, Doct. Reuben, 27-9, 31, 35–9,
46, 50, 54-5, 58, 63, 84, 122, 314,
331, 333, 336, 338, 345, 351, 390,
418.—Relation of proceedings in
Cumberland County, 1774–5, 332.
-Biographical note, 314.
Journals of the House of Repre-
sentatives not yet printed, 229.
Hyde, Lieut. Ebenezer, 136, 154, Justices of the peace in 1778, 280.
160, 182-3.
I.
Ide, Ichabod, 357.
Imus, Mr., 214.
Indians, claim of, 306.
Indian right to Vernon, 508–9.
Ingersoll, Jared, 506.
Ingley, Capt. Joseph, 158.
Instructions to delegates of Cum-
berland County in New York
Provincial Congress, 348.
Instructions of New York Conven-
tion to Committees, &c., of Cum-
berland County, 361-2.
Intoxicating Liquors, restriction on
the sale of, 210.
Irish, David, 168.
Irish, William, 197, 251.
Ives, Abraham, 27.
|
K.
Kalb, Baron John de, 217.
Kathan, Alexander, 357.
Kealer, [Keeler,] Seth, 154.
Kemp, John Tabor, 445, 479.
Kent, Cephas, 6, 11, 12, 14, 33, 53, 55.
Kent, Col. Jacob, 30, 355–6.
Kentucky, 127–8.
Keyes, Eleazer, 114.
King Charles the second, 86, 482,
512; his grant to the Duke of
York discussed, 482-517.
King James, 495.
King James the second, 499.
King, Samuel, 357.
King William and Queen Mary, 377,
498.
Kings College, N. Y. city, 268.
Kingsland, see Washington, town of.
544
General Index.
Kingston, Robert, 131.
Kinney, Daniel, 227.
Knapp, Ephraim, 188.
Knickerbacor, John, 83.
Knight, Jonathan, 280, 320, 332.
Knight, Samuel, 336.
Knoulton, Luke, 344, 346–7, 351-2,
357, 359, 365.
L.
Lafayette, Marquis de, 31, 157, 217,
258.
Lake, Abraham, 154.
Lake, Ensign Gershom, 260.
Langdon, Mark, 336.
Langdon, John, 435, 436.
Lantman, Capt. Michael, 156.
Larama, Lieut., 246.
Law, Michael, 336.
Law suits before the Council of
Safety, 191, 204, 213, 218, 222, 224,
225.
Laws, first printing of, 288; procla-
mation for observance of, 289.
Leavenworth, Jesse, 123.
Lee, Benjamin, 179.
Lee, James, 179.
Lee, Richard Henry, 40.
Leonard, Mr., 251.
Lewis, Sergt. Maj. James, 206.
Lewis, Joseph, 190, 256.
Liberality to tories, &c., 189, 190.
Lieutenant Governor, pay and sta-
tus as Councillor, 247.
Lincoln, Maj. Gen. Benjamin, 144,
152, 159, 161-2, 164, 170, 172, 176,
184.
Livermore, Sergt. Silas, 197
Livingston's manor, 392, 438.
Loan offices established, 75.
Lockland, Lieut. Dennis, 36, 39, 46,
54-5.
Long Island, or Matowacks, 490.
Lords of Trade, report of, 384.
Lotham, [or Latham,] 224.
Lottery, for means of defence, 289.
Lovejoy, Maj. Abijah, 38, 329-30,
338, 343, 345, 347, 350.
Lovell, Maj. Oliver, 342, 343; widow
Oliver, 350, 353, 354.
Low, Isaac, 314-15, 317, 319, 332,
333, 339, 341.—Biographical note,
314.
Low, Nicholas, 314.
Luce, Elihu, 240.
Lyman, Richard, 236.
Lyon, Rev. Asa, 127.
Lyon, Hon. Chittenden, 127, 128.
Lyon, Lieut. Gideon, 259.
Lyon, James, 121.
Lyon, Hon. Lucius, 127.
Lyon, Hon. Matthew, 15, 23, 70–74,
109, 121, 123-6, 198, 234-5, 275,
277, 279, 295.-Biographical no-
tice, 123. His alleged desertion
in 1776, 123-4; his affray with
Roger Griswold, 124; his prose-
cution under the alien and sedi-
tion act, 125-27.-See Additions
and Corrections, 526–7.
Lyon, Lieut. Zebulon, 356.
M.
McConnell, John, 202.
McCoon, Samuel, 12, 146, 202.
McCormick, James, 363, 368.
McDougal, Maj. Gen. Alexander,
217.
McDoughel, Alexander, 186.
McFarren, Samuel, 195.
McLane, John, 12, 269.
McLane, Lurania, 269.
McNeil, Gen. John, 191, 193-4, 198,
210, 273-4, 287, 298.-Biographi-
cal note, 193.
McRea, Jane, 9.
McVicker, Archibald, 154.
McWaine, William, 300.
Madison, President James, 309.
Mallery, Ephraim, 153, 225.
Mallery, Nathaniel, 179.
Mallery, Ogden, 15, 23, 27.
Mallery, Ensign Zaccheus, 27, 260.
Manifesto, by Ira Allen, Oct. 1776,
390.
Manley, John, 15, 22, 26.
| March, month of, 86.
Marsh, Amos, 191.
Marsh, Hon. Charles, 236.
Marsh, Daniel, 23.
Marsh, Hon. George P., vii, 237.
Marsh, Rev. James, 236.
Marsh, Col. Joel, 54-5, 279, 296-7,
305, 307, 342, 527.
Marsh, Johnson, 23.
Marsh, Joseph, of Lebanon, Conn.,
236.
Marsh, Lieut. Gov. Joseph, vi-viii,
47-8, 54-5, 63–4, 67, 73, 138, 171,
207, 214, 233, 235–8, 241, 249, 250,
253-4, 257, 274–6, 342–3, 346, 350–
51, 373, 382, 417, 436-7, 527.-Pro-
General Index.
545
test against the dissolution of
the Union with New Hampshire
towns, in 1778, 422-426.--Bio-
graphical notice, 235, with portrait
and autograph facing 233.
Marsh, Doct. Leonard, 237.
Marsh, Hon. Roswell, vi, vii, 237,
238.
Marsh, Col. William, 13, 15, 20-24,
26, 28-9, 31, 35–8, 59, 71, 74, 339,
526; Mrs. William, 23.
Marshall, Col., 183.
Martin, Daniel, 195.
Millington, David, 195.
Millington, Solomon, 153.
Minott, Maj. Samuel, 329, 343, 518.
Letter of: to Gov. George Clin-
ton, 518.
Moffitt, William, 162.
Monroe, President James, 111, 127.
Montgomery, Gen. Richard, 18, 218.
Montuzan, Margaret, 111, 271.
Monumental inscription, by Ethan
Allen, 110.
Moore, Mr., 172, 173.
Moore, Capt. Elijah, 154.
Martin's [Martha's] Vineyard, 490. Morey, Col. Isral, 280.
Maryland, 309.
Mason, Dorothy, 236.
Mason, Col. Jeremiah, of Connec-
ticut, 236.
Mason, Hon. Jeremiah, of Boston,
236.
Mason, Gen. John, 236.
Mason patent, claim, grant, line,
276, 281, 405, 418, 432.
Massachusetts, 132, 135, 137, 145,
171, 178, 181, 235, 239, 278, 309,
347-8, 359, 444-517.
Matthews, Maj. Joel, 54-5, 342, 369,
373, 527. – Letter of: to New York
Congress, 373.
Mattis, Dinah and Nancy, 93.
Mattison, Abraham, 253.
Mattison, David, 154.
Mattison, Francis, 154.
Mattison, John, 215.
Mattison, Zerubabel, 279, 287.
Mattison & Lee, 291.
Mead, Col. James, 27, 32, 59, 66, 74,
214, 216, 291.
Mead, Timothy, 172.
Mead, Capt. Zebulon, 215.
Meech, Ezra, 245.
Meigs, Elizabeth, 118.
Mellen, William, 53, 55, 63.
Merrimac river, 276.
Merriman, Lieut. Abel, 260.
Michigan, 127.
Military force of Vermont in 1776,
33.
Militia, officers of 2d regiment of,
1778, 259; of 5th regiment, 260;
officers and soldiers empowered
to sue delinquent officers for their
pay, 287; officers in Cumberland
County in 1775, 342; officers of
Hoisington's battalion of Ran-
gers, 1776, 356; of Warner's first
and last regiments, 6-8, 160.
Morgan, Thomas, 15, 23, 27.
Morris, Hon. Lewis R., 126.
Morse, Timothy 269, 283.
Mott, John, 15, 23.
Moulton, Abel, 12.
Mount Mansfield, 403.
Mount Pisgah, 403.
Munn, James, 303.
Munro, Hugh, 148.
Munro, John, 148, 151, 192, 212, 253,
527.—-Biographical note, 148.-
Mrs. Munro, 17, 150, 212.
Murdock, Maj. Thomas, 39, 47, 54-5,
234-5, 240, 241, 249, 275.-Bio-
graphical notice, 240.
Mürwin, Elnathan, 214, 250.
Murwin, Israel, 214.
N.
Nantukes, [Nantucket,] 490.
Narraganset, [called Narrow-High-
gansetts,] 490.
Nelson, Joseph, 283.
Nelson, Lucas, 305.
Newell, Elihu, 336.
New Hampshire, 133–4, 144, 170–72,
197, 243, 275, 278, 281-2, 288, 303,
322, 335, 388, 405-441, 444-517.
New Hampshire grants recognized
by British commissioners in 1785,
17.
New Jersey, 196, 309, 387, 3SS.
New Scotland, 489.
New York, 135, 303, 321, 347, 359,
360, 363, 365-6, 371, 375, 377, 380,
384, 391-2, 397, 408, 444-525.
Complaints of Vermont against,
56.-New York act of 1774 to
suppress riotous assemblies, 472;
reply thereto by Ethan Allen and
his asssociates, 477.-New York
documents on Vermont 1777, 361–
38
546
General Index.
363; in 1779, 518-525.-Proclama-
tions, 449, 455.--Resolutions, 397,
468.-See Pamphlets and Docu-
ments on the controversy with New
York.
Nichols, landlord, 352.
Nichols, Samuel, 344, 351-2, 357.
Nicholson, Jonathan, 204.
Noble, Capt. Eli, 280.
Noble, Lieut. John, 6.
Noble, Capt. Tehan, [or Tapan,]
166, 260.
North line of defence in 1779, 295.
Norton, Maj. John, 305, 329, 342,
344-6, 348, 351–2, 357.
Note on the records of the Council
of Safety, 203.
Nutting, John, 280.
Offerd, John, 182.
Olcott, Elijah, 38.
0.
Olcott, Gen. Peter, 54-5, 138, 171,
189, 200, 207, 214, 234-5, 241, 243,
249, 257, 273, 275, 305, 307, 374,
436, 527.-Question of as to de-
serters, and answer, 189. --Bio-
graphical note, 241.
Olcott, Timothy, 316, 336.
1776, 29.-Declaration of Rights
and of Independence, Jan. 1777,
40.--Declaration and Petition
presented to Congress April 1777,
48.--Revised Declaration, 50.--
Complaints against New York,
June 1777, 56.--Resolutions of
Windsor Convention, June 4,
1777, assuming exclusive juris-
diction of the territory of Ver-
mont, 60.--Some Miscellaneous
Remarks and Short Arguments,
&c., by Ira Allen, published May
1777, 376-389.--Manifesto, pub-
lished by order of the Westmin -
ster Convention Oct. 1776, signed
by Ira Allen, 390-393.—~Dr.
Thomas Young to the inhabitants
of Vermont, printed in hand-bill, •
1777, 394-396; action of Congress
thereon, 396; resolution of New
York thereon, 397; action in Ver-
mont, 388-9.-A Vindication of
the opposition of the Inhabitants
of Vermont to the Government
of New York, &c., 1779, by Ethan
Allen, 444-517.--Documents on
the enforcement of the authority
of Vermont in Cumberland Coun-
ty in 1779, 518–525.
Olin, Maj. Gideon, 53, 55, 70, 71, 73, Pamphlets and documents on the
224, 259, 267.
Olmsted, Jabez, 222.
Olmsted, Lieut. Moses, 222, 260.
Olmsted, Moses Y., 224.
Onion River Land Company, 112,
115.
Organization of first General As-
sembly, Council of Safety on, 229.
Order of the King in Council, July
24, 1767, 17.
Ordway, John, 205, 244.
Ormsby, Capt. Gideon, 15, 23, 26,
33, 260.
Osgood, Christopher, 336.
Owen, 222.
P.
Painter, Maj. Elisha, 160.
Painter, Hon. Gamaliel, 12, 27, 53,
55, 160.
Pamphlets and documents on the
controversy with New York:-
Address, Remonstrance, and Pe-
tition to Congress, May 1776, 16.
-Covenant and Compact, Sept.
first Union of New Hampshire
towns with Vermont :--Ira Al-
len's History, 405-409; Rev. Jer-
emy Belknap's History, 409-413;
President Weare to N. H. dele-
gates in Congress, 413; President
Weare to Gov. Chittenden, 414;
Ethan Allen's report of the dis-
position of Congress, 415; legis-
lation in Vermont, Oct. 1778, 416-
423; comments thereon by a com-
mittee of the protesting mem-
bers, Lieut. Gov. Marsh, chair-
man, 423-426; Ethan Allen to
President Weare, 426, 431; Pres-
ident Weare to Ethan Allen, 427;
Account to New Hampshire of
the Union, by Ira Allen, 427–429;
Propositions to New Hampshire
of a Convention at Cornish, Dec.
1778, 430; dissolution of the Un-
ion by the General Assembly of
Vermont, Feb. 12, 1779, 430; ac-
count of the proceedings of New
Hampshire, by Ira Allen, April
1779, 432-435.--Claim of New
General Index.
547
Hampshire to the territory of
Vermont, 435; address of Ira Al-
len to the people of Vermont,
Nov. 1779, 436–441.
Parker, Jeremiah, 190.
Parkhurst, John, 279.
Parkhurst, Reuben, 279.
Parmalee, Alexander, 347, 336.
Parsons, Aaron, 15, 23.
Patterson, Col. Eleazer, 299, [in
first line, in lieu of "William,"]
300, 303, 305, 329, 343, 363–6, 368-
9, 397, 518, 520.--Biographical
note, 397.--See Additions and
Corrections, 529.
Patterson, James, 27.
Patterson, Piermont, 273.
Patterson, William, 299, [note,] 320,
331, 335-6, 397-8.--Biographical
note, 299.-See Additions and
Corrections, 529.
Paymaster for Vermonters in Con-
tinental service, 286.
Payne, Lieut. Governor Elisha, 250,
275-9, 417-18, 428.-Biographical
note, 275.
Payne, Peter, 163.
Payne, S., 186.
Pemaquid, or [Petuaguine,] 490.
Pendirk, Benoni, 195.
Penn, Gov. William, 86, 89, 483.
Penniman, Jabez, 111; Mrs. Fanny,
114.
Pennsylvania, 83, 309.
Pension money advanced by Ver-
mont to Col. Gideon Warren, 298.
Pequot war, 236.
Perry, Sylvanus, 173.
|
Phelps, Solomon, 37-8, 341, 357-8.
Phelps, Adjt. Timothy, 342.
Phillips, John, 270.
Phillips, Thomas, 173.
Pierce, Joseph, 336.
Pierce, Thomas, 305.
Pierce, William, 305.
Pierson, Moses, 245–6.
Pierson, Ziba, 246.
Pingry, Hon. William M., vi, 313,
355.
Pingry Papers, vi, 313, 344, 346, 351,
357, 361, 367, 369.
Place, Sumner, 184.
Place, Stephen, 53, 55.
Platt, Zephaniah, 376.
Poor, Gen. Enoch, 59.
Population of Eastern Vermont in
1771, 313; of eastern and western
Vermont in 1771, 403; and in
1791, 313.
Post, Lieut. Roswell, 306.
Potter, John, 219, 222.
Porter, Rev. Lyman, 237.
Porter, widow Mary, 185, 256.
Porter, Capt. Oliver, 6.
Potts, Doct. Jonathan, 186.
Powell, Lieut. Martin, 11, 15, 23,
32-3, 39, 53, 55, 60, 136, 148, 186,
195, 202, 280, 294.-Biographical
note, 148.
Powell, Rev. Martin, 148.
Powell, Gen. Henry Watson, 198.
Powers, Jeremiah, 53, 55.
Powers, Jerathmel, [or Jerathniel,]
344, 351, 363, 367-8.
Powers, Josiah, 53, 55.
Powers, Lieut., 355.
Preston, Colburn, 353.
Petition, the first, for a grant of Prichett, Timothy, 188.
Perry, William, 240.
land by Vermont, 205-6.
Peters, Rev. Hugh, 403-4.
-Biographical note, 267.
Peters, Rev. Samuel, 403-4.
Probate districts and judges, 1778,
280.
Peters, Lieut. Col. John, 267-8, 403. Proclamation for a fast, 1777, 59.-
Peters, Judge, 403.
Peters, Rev. Samuel A., 404.
Pfister, Francis, 176.
Phelps, Charles, 43, 329, 330, 339,
347-8, 350, 358-360. Letter of: on
the right to withdraw from New
York, 347, 358, 359, 360; note on,
348.
Phelps, Davenport, 432-5.
Phelps, Hon. James H., vi, 11, 13,
36, 38, 45-6, 54, 60, 314, 329, 351,
423, 442.
Burgoyne's, 1777, 130.-Governor
Chittenden's, for observance of
the laws, 289; to the disaffected
in Cumberland county, in 1779,
303-305, copy of, 442.-Governor
George Clinton's, Feb. 1778, 449,
and Oct. 1778, 455; Ethan Allen's
replies, 452, 456.
Proclamation money, 392.
Protest against Cumberland County
Committee, 358–9.
Prouty, Elijah, 47.
Putnam, Capt., 221, 258.
Putnam, Seth, 278.
548
General Index.
R.
Randall, Joseph, 306.
Randolph, Peyton, 328.
Rangers, [Hoisington's battalion,]
in eastern Vermont, 31, 157, 341,
356, 374; in western Vermont,
[Herrick's,] 135, 146–7, 176, 187–
S, 250, 306.-Complaints of, 212.
Ranney, Capt. Ephraim, 320, 329.
Read, Hon. David, vi, 71, 115, 119.
Records of Conventions, Council of
Safety, Governor and Council,
and Assembly, resolution and
committee on, 272.-Of Conven-
tions, 3-79; of Council of Safety,
107-229; of first and second [Gov-
ernor and] Council, and as Board
of War, 233-309; of Committees
of Safety in Cumberland and
Gloucester counties, 313–375.
Redding, David, 120, 261, 264, 291.
Reed, Hon. Charles, 121.
Reed, Jedediah, 139.
Relation of proceedings in Cum-
berland county, 1774-5, by Doct.
Reuben Jones, 332.
Remarks on article three of the
Declaration of Rights, by Hon.
Daniel Chipman, 400.
Remington, David, 165, 198, 208,
281.
Remonstrance and Petition to Con-
gress, 1776, 16.
Renselaer family, 499; Renselaer-
wyck, 499, 501.
Representation of the state of Cum-
berland County in 1777, 365.
Requisition on a Connecticut Sher-
iff, 194.
Republican Magazine, 1798, 121.
Rescue of Remember Baker, 149.
See Additions and Corrections,
527.
Reynolds, Benjamin, 197.
Reynolds, Ensign Ephraim, 260.
Reynolds, James, 153.
Reynolds, John, 210.
Reynolds, Mary, 196.
Rivington, James, 271.
Roback, Doct. Jacob, 143, 188, 194,
229, 269, 300.
Roberts, Christopher, 209-10.
Roberts, Eli, 208.
Roberts, Lemuel, 291.
Roberts, Lieut. Peter, 136, 143, 186,
197, 204–5. 225, 255.
Robertson, Samuel, of Newfane,329.
Robbins, Lieut. Jehial, 356.
Robinson, Q. M. Amos, 342.
Robinson, Gen. David, 129.
Robinson, Ezra, 336.
Robinson, Rev. John, 128.
Robinson, Mr., 304.
Robinson, Gov. Moses, of Benning-
ton, 11, 12, 26, 29, 64-5, 67, 73–4,
107, 109, 119, 128, 178, 203, 214,
234-6, 243, 249, 253, 256, 263, 272,
275, 282-3, 288, 291, 295.--Bio-
graphical note, 128.
Robinson, Ensign Moses, of Rupert,
53, 55, 203, 260.
Robinson, Nathaniel, of Westmin-
ster, 27, 36-7, 39, 54-5, 63, 271,
280, 329, 336, 345, 369.
Robinson, Capt. Samuel, senior, of
Bennington, 128, 445, 505, 507–8.
Robinson, Col. Samuel, jr., of Ben-
nington, 11, 70, 73, 200, 205, 207–
210-12, 215, 218, 249, 251, 259,
266, 269, 270, 280, 286, 288.
Robinson, Samuel, Esq., 291.
Robinson, Samuel, of Bristol, Eng-
land, 128.
Rogers, Mr., 270.
Rogers, Col. James, 27–8, 185, 283,
286, 329, 342, 343.-Biographical
note, 27.
Rogers, James, jr., 27.
Rogers, John, 121.
Rood, Rev. Anson, 208.
Rood, Deacon Azariah, 198, 206–8.
-Biographical note, 207.
Rood, Rev. Heman, 208.
Rood, Deacon Thomas Darkley, 208.
Root, Samuel, 305.
Rose, Benjamin, 158, 191.
Rose, Maj. Roger, 15, 23, 26.
Rhode Island, 117, 309, 388, 395, 444, Rose Samuel, 162, 165, 195.
517.
Rice, Maj. Thomas, 27.
Rider, Oliver, 329.
Ripley, William, 280.
Risdon, Mr., 187.
Rittenhouse, David, 395.
Rivington's Gazette, 271.
Rosinback, Martin, 184.
Roswell, Sir Henry, 495-6.
Rowley, Thomas, 13, 63–4, 70, 71,
73, 249, 260; on the New York
riot act, 482.
Rowley, Jonathan, 15, 23.
Royce, Maj. Stephen, 15, 23, 26, 287.
General Index.
549
Ruder, [Rudd,] Lieut. Joseph, 259. | Sessions, David, 183.
Rural Magazine, 177.
Russell, Capt. Elijah, 225.
Rust, Ensign, 367, 369.
Rutland Herald, 177.
Rutledge, Hon. Edward, 40.
S.
Sabin, Daniel, 305.
Sabin, Noah, 305, 320, 334, 338.
Sabine, Lorenzo, 268, 299.
Safford, David, 150, 211.
Safford, Col. Joseph, 63, 150.
Safford, Lieut. Philip, 332, 350, 353.
Safford, Lieut. Col. Samuel, 6, 26,
33, 128, 160, 228.
Sage, Moses, 270.
St. Clair, Gen. Arthur, 65–6, 74–5,
131, 144, 160.—Letters of: to the
Convention at Windsor, 66; to
Jonas Fay, 74.
St. Croix, 489.
Salisbury, Abraham, 202.
Salisbury, Capt. 59.
Sargent, Ezra, 249.
Sargent, Lieut. Jabez, 43, 52, 54-5,
63, 527.
Sargent, Lieut. Col. John, 305, 344,
346, 350, 351, 357, 363-6, 368-9,
518.
Sawyer, Capt. Jesse, 6, 8, 9, 150, 260.
Sawyer, Capt. Thomas, 245-6, 253,
260, 300, 301, 306–7.
Saxton, Adjt. Jonathan, 260.
Saxton, Ensign William, 260.
Schuyler, Maj. Gen. Philip, 4, 5, 7,
9, 18, 74, 116, 124, 131, 133, 135,
138, 144, 237, 464.—Letter of: to
Ira Allen, 133.
Scott, David, 191.
Sealey, Capt. Abner, 30, 31, 35, 160,
221, 224, 356.
Sealey, Austin, 150, 253.
Sealey, Ephraim, 208, 220.
Sealey, Reuben, 208.
Sergeant, Mr., of Chester, 367.
Searles, William, 213.
Searles, William, jr., 164–5.
Sears, Simeon, 187.
Seaver, Capt. Comfort, 205, 244.
Seeley, Lieut. Nathaniel, 39.
Selectmen of Bennington, 187.
Sequestration, order to Commis-
sioners of, 136. See Commission-
ers, and Courts of Sequestration.
Sessions, Darius, 249.
|
|
Sessions, Deac. John, 47-8, 63, 161,
305, 319, 346, 350-51, 376, 382.-
Anecdote of. 48.
Sessions, Capt, John, 161, 345.
Shattuck, William, 47.
Shepardson, Maj. John, 27, 280.
Sherman, Daniel, 206.
Sherman, Elisha, 150,
Sherman, George, 182.
Sherman, Hon. Roger, 44.
Sherman, Commissary William, 199,
205, 267.
Sherwood, Capt. Justice, 150, 192.
-Biographical note, 192.
Sherwood, Mrs. Justice, 192.
Sill, Lieut., 160.
Simmons, Col. Benjamin, 64, 134,
139, 145, 178-81.
Simmons, Mrs. [Benjamin,] 139.
Simonds, Gardner, 352–3.
Simonds, Capt. John, 136, 185, 304.
Simonds, Titus, 291, 304; wife of,
304.
Simonds, [or Simons,] William,
344-7, 357, 359, 367.
Skene, John, 153.
Skene, Col. Philip, 130, 153, 527.–
Biographical note, 153.
Slade, Hon. William, vi, 46, 62, 76,
236.249.
Slaughter, Henry, 377, 500.
Smalley, Sergt., 185.
Smith, Caleb, 53, 55.
Smith, Col., 345.
Smith, Daniel, 11.
Smith, David, 156.
Smith, Edward, 354.
Smith, Frederick, 54, 55.
Smith, Gaius, 53, 55.
Smith, Gov. Israel, 53-5, 138, 344–6,
351-2, 360, 366.
Smith, James, [error, for Capt.
John,] 477.
Smith, John, of New York, 195, 281.
Smith, John, of Chester, 316.
-Smith, Capt. John, of Vermont,
291, 468, 475, 477.
Smith, Jonathan, 159, 183.
Smith, Capt. Joseph, 63-5, 202, 216.
Smith, Joseph, Esq., 215-16, 256.
Smith, Maj. Nathan, 6, 7, 179, 180,
255, 260.
Smith, Paymaster Noah, 304.
| Smith, Norman A., 43.
Smith, Patrick, 475.
Smith, Col. Seth, 302.
550
General Index.
Smith, Capt. Simeon, 160.
Smith, Judge William, of New
York, 499.
Snyder, Henry, 180.
Soper, Lieut. Solomon, 260.
Spafford, Eliphalet, 340, 369.
Spafford, Capt. John, 260.
Spaulding, Capt. Leonard, 27, 35-6,
39, 47, 54, 61, 63, 154, 299, 319, 320,
333, 345–7, 351, 354, 357, 359.—Bi-
ographical note, 154.
Spear, Andrew, 154.
Spencer, Abel, 69, 306.
Spencer, Benjamin, 53, 55, 63, 68,
73. 109, 135, 137.-Biographical
note, 68.
Spencer, Lieut. Gideon, 259, 309.
Spencer, Adjt. Timothy, 342.
Spooner, Alden, 303, 343.
Spooner, Judah Paddock, 443.
Spooner, Doct. Paul, 67-8, 73-4, 109,
129, 135, 138–9, 200, 234–5, 249,
262, 264, 272, 275, 280, 282-4, 286,
304, 306, 318, 329, 330, 341–2, 363,
365, 398.-Letter of: to Gen. Ja-
cob Bayley, 137.-Biographical
note, 129.
Sprague, Mr. 256.
Squire, Daniel, 191.
Squire, Ebenezer, 191.
Squire, Gideon, 182, 187.
Squires, D. F., 93.
Stafford, Stutley, 193.
Stanton, Capt. Joshua, 6, 8, 160.
Stark, Brig. Gen. John, 67, 132-3,
138, 144-5, 160, 162–3, 171-4, 179,
205, 213, 217, 221, 223, 225, 257,
259.-Thanks to, 173.-Letter of:
to the Connecticut Courant, 144.
Stark, Capt. John, of Pawlet, 260.
Statement of facts as to Westmins-
ter massacre, 332–338.
Sterns, William, 353.
Stevens, Henry, sen., of Barnet, 278.
Stevens, Capt. Phinehas, 278.
Stevens, Simon, of Springfield, 47-
8, 313, 329, 340, 343-7, 350, 351,
356–7, 362–5, 367–8, 373, 376, 382.
Stevenson, Andrew, 195.
Stewart, Abraham, 306.
Stewart, Samuel, 170, 183.
Stone, Mr., 198.
Stone, Ensign Nathan, 259.
Stone, Zedekiah, 247–8.
Stowell, Hezekiah, 329.
Strong, Col. John, of Addison, 13,
15, 22, 302.
|
|
Strong, Capt. John, of Woodstock,
346, 351, 355, 356.
Sunderland, Ensign John, 259.
Sunderland, Capt. Peleg, 9, 158, 221,
224, 468, 474, 477.
Survey of Bennington town lines,
in 1749, 507.*
Surveyor General appointed, 303.
Sutherland, Lieut. John, 53, 55.
Sutton, Rev. George F., 528.
Swift, Hon. Samuel, vi.
T.
Taggart, William, 345, 352, 357.
Taplin, Col. John, 268, 372, 403.—
Letter of to New York Provin-
cial Congress, 372.
Taplin, John. jr., 268, 372.
Tarbell, Jonathan, 43, 316.
Ten Broeck, Abraham, 351, 469, 479.
Thanksgiving day, Dec. 1777, 195.
Thayer, Lyman, 528.
Thompson, Hon. Daniel P., 72, 135.
Thompson, E., 435–6.
Thompson, S., 27.
Thompson, Rev. Zadock, vi, 62, 158,
177, 403-4.
Throop, Hon. John, 54-5, 63, 234–6,
281, 527.
Tibbetts, George, 153.
Tichenor, Gov. Isaac, 149, 308.
Tilden, Stephen, 39, 46-7, 54-5,
355-6, 527.
Tolman, Ebenezer, 183.
Tories, treatment of, 22, 134-136,
146, 151-3, 158, 162-9, 179, 185,
189-90, 196, 198-9, 200, 210, 220,
226, 251, 260, 267, 272-3, 283, 285,
287-8, 290-91, 297--8, 303-4, 306–7.
-Act of 1779, banishing, 22.-
Order of July, 1777, confiscating
estates of, 136.
Town representation in Conven-
tions, scale of, 12.
Towns-Addison, 7, 15, 26, 183, 211,
220, 302.
Albany, 218.
Albany, N. Y., 134, 138, 169, 174–
5, 181, 200, 201, 219, 221–2, 226–
7, 254-5, 265, 377, 499, 502.
Andover, 304.
Apthorp, N. H., 276, 410.
Arlington, 8, 12, 35, 53, 70, 109,
119, 120, 124, 147, 149, 150, 153,
163-9, 172-4, 183, 188, 197, 203,
205-6, 209, 213-4, 226, 233-4,
General Index.
551
Towns, continued-
250, 253, 259, 273, 275, 280, 296,
339, 467, 474.
Ashfield, Mass., 111.
Barnard, 39, 54, 280.
Barnet, 63.
Bath, N. H.. 276, 410.
Bennington, 12, 15, 26, 36, 39, 53,
63, 66-7, 70, 83. 93, 109, 116, 120,
122-3, 128, 133, 135, 144, 147,
149, 150, 154, 159, 160-61, 165,
179, 181, 183, 187, 192-3, 225,
234, 237, 241, 253, 259, 262, 267,
273, 275, 280, 304, 308-9, 327,
448. 457, 464, 468, 474, 502-4,
519. Title and western line of,
505-508.
Berlin, 268.
Bethel, 206.
Boston, Mass., 236, 272, 328, 387.
Bradford, called Mooretown,] 54,
63, 267-8.
Bradford, Mass., 177.
Brandon, [called Neshobe,] 12,
15, 27, 53, 260.
Brattleborough, 36, 53, 321, 329,
344, 346, 350-51, 353, 357, 360,
363-69, 447, 518-20.
Bridport, 7, 15, 26.
Bristol, England, 128.
Burlington, 15, 27, 110-11, 114,
237, 246.
Cambridge, Mass., 128.
Cambridge, N. Y., 130, 138, 169,
Camden, N. Y., 130, 339.
Canaan, N. H., 276, 410.
Cardigan, N. H., 275-6, 410, 428.
Castleton, 12, 23, 27, 31, 39, 53, 66,
121-2, 130, 132–3, 137, 165, 189,
191, 225, 252, 260, 280, 285, 295–
6.-See Fort.
Cavendish, 54, 63, 367.
Cedar Swamp, Oyster Bay, Long
Island, 518.
Charlestown, N. H., [called No.
Four,] 66, 78, 132, 272, 276, 278.
Charlestown, Mass., 387.
Charlotte, 193-4.
Chelmsford, Mass., 110, 147.
Chester, [called Flamstead, and
New Flamstead,] 25, 36, 39, 43,
52, 54, 63, 234, 241, 280, 314–18,
321, 329, 334, 344, 346, 351-3,
355, 357, 367.
Chesterfield, N. H., 239.
Chicago, 328.
Clarendon, [called Durham, and
Socialboro,] 12, 23, 53, 63, 68,
109, 154, 167, 187, 190, 192, 199,
226, 245-6, 253, 260, 280, 291,
474-5.
Colchester, 8, 15, 27, 36, 39, 53, 63,
109–11, 234, 275.
Coleraine, Mass., 183.
Concord, Mass., 331.
Concord, N. H., 407.
Corinth, 54, 280.
Cornish, N. H., 275, 280, 410, 412,
430.
Cornwall, 15, 53.
Cornwall, Conn., 111.
Coventry, Conn., 110, 111.
Craftsbury, [called Minden,] 218.
Danby, 8, 12, 15, 27, 53, 63-4, 71,
118, 168, 208, 220, 260, 274, 280.
Danbury, Conn., 189.
Danville, 123.
Detroit, Mich., 156, 493.
Dorchester, Mass., 236.
Dorset, 6, 12, 15, 23, 26, 52–3, 146,
158, 176, 202, 260, 267, 274, 280,
302, 339, 340.
Dresden, [part of Hanover,] N.
H., 237, 275, 278, 280, 410.
Dublin, Ireland, 271.
Dummer, 184.
Dummerston, 36, 39, 45, 54, 61, 63,
155, 280, 315, 319-21, 329, 332,
342, 344, 346, 351, 357, 367, 518,
520.
Enfield, N. H., 276, 410.
Essex, N. Y., 194.
Exeter, N. H., 132, 407.
Fair Haven, 121, 124, 127.
Fairlee, 54.
Farnham, P. Q., 519.
Ferrisburgh, 258.
Fishkill, N. Y., 258.
Franklin, N. H., 276.
Gageborough, 227.
Gilmanton, N. H., 208.
Goshen, Conn., 111.
Granville, N. Y., 130, 187, 190.
Greensborough, 218.
Guilford, 36, 53, 63, 69, 109, 117–
18, 234, 275, 280, 320, 329, 344,
351, 357, 365, 367, 518-20.
Guilford, East, Conn., 118.
Gunthwaite, N. H., 276, 410.
Halifax, 25, 36, 53, 280, 302, 317–
18, 320, 329, 344, 346, 351, 357,
367.
Hampstead, Mass., 117.
Hanover, N. H., [called Dresden,
in part,] 237, 275, 405, 410.
552
General Index.
Towns, continued-
Hardwick, 129, 218.
Hardwick, Mass., 122, 128.
Hartford, 25, 36, 39, 54, 63, 208,
233, 236, 250, 275, 280, 329, 343-
4,346, 351, 355, 363, 367.
Hartford, Conn., 77, 83, 201, 236.
Hartland, [called Hertford,] 36,
54, 109, 129, 234, 239, 246-7, 275,
280, 304, 317-18, 329, 344, 346,
351, 367, 369.
Haverhill, N. H., 276, 410.
Hebron, Conn., 268, 404.
Highgate, 111.
Hinesburgh, 15.
Hoosic, N. Y., 176, 184, 457. 501-2.
Hubbardton, 15, 53, 65, 123, 130,
158, 160, 176, 181, 183, 221.
Ira, 179.
Irasburgh, 111.
Jericho, 123, 182, 208.
Landaff, N. H., 276, 410.
Lanesborough, Mass., 139, 208.
Lebanon, Conn., 236, 428.
Lebanon, N. H., 275, 277, 280, 410.
Leicester, 245.
Lexington, Mass., 331, 447–8.
Lincoln, 179.
Litchfield, Conn., 110, 123, 159,
163, 165, 182, 262.
Londonderry, [called Kent,] 27,
36, 54, 185, 283, 329, 344, 346,
351, 357, 363, 367–8.
Louisburgh, Cape Breton, 156.
Lowell, 218.
Lyman, N. H., 276, 410.
Lyme, N. H., 275, 410.
Manchester, 12, 15, 26, 36, 39, 53,
75, 130-1, 133, 136, 144, 148,
158-9, 161-2, 164-5, 167-9, 172,
184, 199, 202-3, 225, 260-1, 267,
274, 280, 294, 306, 339, 467.
Marlborough, 36, 63, 317-18, 329,
344, 346, 351, 358.
Middlebury, 7, 15, 27.
Milton, 110-11.
Monkton, 7, 15, 215–16, 245.
Montpelier, 278.
Montreal, P. Q., 181, 262.
Morristown, [now Franconia,] N.
H., 276, 410.
Newbury, 54, 63, 109, 117, 156,
218, 234, 275, 343, 355, 371-2.
Newbury, Mass., 117.
Newfane, [called Patmos, and
Fane,] 36, 61, 302-3, 329, 344,
346, 351, 357, 365, 367.
New Framingham, Conn., 238.
New Haven, 192, 202, 206, 228,
258.-See Fort.
New York city, 181, 240, 268, 271–
2, 314, 330, 339.
Nobletown, 438.
Northampton, Mass., 147, 236, 336.
North Hero, 157.
Norwh, 39, 54, 234, 237, 240-1,
275, 277, 427, 437.
Norwich, Conn., 236.
Orford, N. H., 275, 280, 410.
Paddington, England, 268.
Panton, 211, 516.
Pawlet, 11, 12, 15, 26, 36, 53, 93,
129–30, 180, 182–3, 185, 192, 199,
211, 260, 280, 285, 291, 339.
Peacham, 158, 218.
Peekskill, N. Y., 254.
Peru, [called Bromley,] 36, 54.
Philadelphia, Pa., 112, 125, 178,
181, 208, 274, 321.
Piermont, N. H., 276, 410.
Pittsfield, Mass., 176, 181.
Pittsford, 12, 15, 53, 77, 252–3, 260,
280, 295–6.—See Fort.
Pomfret, 36, 39, 54, 63, 235, 280,
329, 355, 271-2.
Portsmouth, N. H., 407.
Poughkeepsie, N. Y., 173.
Poultney, 7, 12, 15, 27, 53, 63, 111–
12, 147, 224, 260.
Pownal, 12, 15, 26, 39, 63, 119, 152,
166, 191, 197, 259, 266-7, 280,
284-5, 288, 457, 502, 504.
Preston, Conn., 120.
Princeton, N. J., 519.
Putney, 36, 39, 45, 54, 61, 137, 151,
154-5, 280, 300, 320, 329, 342,
344, 346, 351, 357, 363-5, 367–9,
398-9, 518-20.
Quebec, P. Q., 156, 181, 183.
Randolph, 158.
Reading, 54.
Rehoboth, Mass., 117.
Rockingham, 25, 36, 39, 54, 63,
280, 314-15, 329-34, 344, 346,
350-53, 355, 357, 367, 518, 520.
Roxbury, Conn., 110, 159.
Roxbury, Mass., 340.
Royalton, 39.
Rutland, 12, 15, 27, 36, 39, 53, 63,
66, 130, 177, 190, 206, 234, 253–
5, 257, 260-61, 266-7, 272, 274,
280-81, 291, 293, 295, 301, 304,
306-8.—See Fort Ranger.
Rupert, 12, 15, 26, 53, 148, 183, 199,
203, 260, 267, 274, 280, 339, 474.
General Index.
553
Towns, concluded—
Salem, [called White Creek,] N.
Y., 143, 166-7, 169, 191, 339.
Salisbury, Conn., 83, 118, 474, 501.
Sandgate, 260, 267, 274.
Sandy Hill, N. Y., 237.
Saratoga, N. Y., 138, 169, 184, 464.
Shaftsbury, 7, 12, 15, 26, 53, 63,
109, 120, 148, 165, 185, 209, 234,
259, 273, 275, 280, 291, 457.
Sheffield, Mass., 111, 185.
Shelburne, 7, 215, 245–6.
South Hero, 147, 157.
Spensertown, 251.
Springfield, 36, 313, 329, 340, 343-
4, 346, 351, 357, 363-4, 367-8,
518, 520.
Springfield, N. Y., 161.
Stamford, 15, 27.
St. Albans, 111, 214.
St. Charles, Missouri, 240.
St. Coick, N. Y., 138, 161, 195, 227.
St. John, P. Q., 217–18, 447.
Steubenville, Ohio, 237.
Stillwater, N. Y., 138, 144, 169,
183.
Strafford, [called Stratford,] 54.
Sudbury, 15.
Sudbury, Mass., 156.
Sunderland, 7, 8, 12, 15, 26, 53, 63,
70, 110, 149, 173, 183, 186, 197,
210, 234, 238, 259, 275, 280.
Thetford, 31, 54, 280, 302–3, 356.
Tinmouth, 7, 15, 12, 27, 53, 63, 110,
130, 147, 168, 193, 197-8, 260,
280.
Townshend, 15, 36, 39, 54, 61, 63,
280, 314, 317-18, 329, 340, 344,
346, 351, 356-7, 367-8.
Upton, Mass., 317.
Vergennes, 121, 122.
Vernon, [called Hinsdale,] 36,
239, 339, 344, 346, 351, 357, 363-
5, 367-9, 392, 417, 518, 520; title
of, 508-12.
Waitsfield, 157.
Walden, 218.
Wallingford, 15, 27, 123, 163, 197,
260, 280.
Walloomsac, [Wallumschack,] N.
Y., 162, 474, 501–6.
Wallumscock, [Wallumschack,]
457.
Walpole, N. H., 272.
Waltham, Mass., 177.
Washington, [called Kingsland,]
268.
Weathersfield, 36, 313, 329, 340,
39
344, 351, 363-5, 367, 369, 518,
520.
Wells, 12, 15, 27, 53, 130, 197, 224,
260, 269, 280, 339.
Westford, 148.
Westminster, 36, 39, 43, 48, 54, 63,
129, 152, 161, 163, 165, 271, 280,
299, 302, 305, 314-19, 321, 328–9,
332-3, 336-9, 341-7, 351, 353,
356–7, 363–5, 367, 369, 398, 518–
20.
Westonhook, 501.
Whitehall, [called Skenesbor-
ough,] 131, 153, 170, 171, 176,
188, 237.
White Plains, N. Y., 518.
Whiting, 53.
Whitingham, [called Cumber-
land, 36, 202-3.
Williamstown, Mass., 83, 139, 183,
186.
Williston, 15, 27, 39, 53, 109, 118,
233.
Wilmington, [called Draper,] 36,
53, 63, 205, 320, 329, 344, 346,
351, 357, 367.
Windsor, 36, 39, 48, 51, 53–4, 62–3,
76–8, 130, 154, 156, 177, 200, 248,
266, 280, 291, 329–30, 343–4, 346,
350-51, 356-7, 360, 367-8, 373.
Windsor, Conn., 110, 236.
Woodbury, 221.
Woodbury, Conn., 110, 159, 186,
202.
Woodstock, 36, 39, 234, 236, 239,
240, 317, 319, 329, 344, 346, 351,
357, 367.
Woodstock, Coun., 183, 241.
Worcester, Mass., 241.
Townshend, Elizabeth Platt, 518.
Townshend, Mary Wells, 519.
Townshend, Hon. Micah, 47, 305,
518.-Biographical note, 518.
Townshend, Micajah, 518.
Train, Sergt. John, 286.
Train, Ensign Orange, 260.
Trobridge, Samuel, 173.
Troops, raising, arming of, &c., 6,
14, 21, 33-4, 67, 135, 138, 147, 152,
211, 213, 227-8, 244, 249, 254-8,
266–7 269, 274, 286, 288-90, 292–3,
295–7, 300, 304, 306, 308–9.
Truesdell, Jonathan, 227.
Trumbull, Col. John, 33.
Trumbull's McFingal, 271,
554
General Index.
Tryon, Gov. William, 56, 91, 149,
434, 452-3, 494.
Tubbs, Samuel, 149, 159, 269.
Tucker, Mr., 523.
Turner, Consider, 183.
Tute, Amos, 363, 365, 368.
Tuttle, Capt. Thomas, 27, 209, 260.
Tyler, Maj. Joseph, 38, 273, 280, 342,
344, 351, 368.
Tyler, Hon. Royal, 519.
U.
Underhill, Capt. Abraham, 15, 23,
26, 146, 260, 280.—-Biographical
note, 146.
Underhill, William, 146, 202.
Underwood, Jonathan, 285.
Union, first, of New Hampshire
towns with Vermont, 243, 264,
274-9, 281-4, 288, 294.—-See
Pamphlets and Documents on.
University of Vermont, 117.
Upham, William, 344, 346, 355.
Utley, Capt. William, 27, 36, 54-5.
V.
Vallance, David, 26.
Vanernum, Isaac, 150.
Van Renselaer, Maj. John, of New
York, 195-6.
Vaughan, Benjamin, 7.
stitution, 86; compared with the
Constitution of Pennsylvania, 86-
89; copy of original preamble
and constitution, 90-103; observ-
ations on, 78; observations ou arti-
ticle three of the Declaration of
Rights, 400.-Eastern boundary
of established, 244.-Record of
the Council of Safety of, 105-239;
of the General Conventions of,
1-79; of the Governor and Coun-
cil, March 12 1778 to Aug. 23,
1779, 233-309.-Slavery prohibit-
ed by, the first act of emancipa-
tion in America, 84, 92.-Vote of
elects Thomas Jefferson as Pres-
ident, 126. See titles Pamphlets
and Documents.
Vermont Historical Society, vi.
Vindication of the opposition of
Vermont to New York, by Ethan
Allen, in 1779, 444-517.
Vorsboroug, [or Vosburgh,] Capt.
Jacob, 160.
Vosburgh, Abraham, 286.
W.
Wadleigh, Rev. F. A., 527.
Wait, Maj. Gen. Benjamin, 8, 136,
156-9, 182, 199, 200, 220-23, 225,
329–30, 341, 343, 356.—Biographi-
cal note, 156.
Veal, [Vail,] Capt. Micah, 6, 8, 9, Wait, Capt. Richard, 157.
15, 20, 23, 26–7, 32, 35.
Veal, [Vail,] Moses, 146, 202.
Veil, Edward, 164.
Vergennes" slaughter-house," 121.
Vermont, first vote to form the
state, 20; second vote, 28; third
vote, 39; form of declaration, 40;
revised declaration, 50; measures
proposed in Sept. 1776, 28; name
of the state, 41, 51, 54, 463.—Ad-
dress, remonstrance, and petition
of, to Congress, May 1776, 16;
covenant and compact of, Sept.
1776, 29; declaration and petition
of to Congress, April 1777, 48;
complaints of against New York,
56; resolution of assuming exclu-
sive jurisdiction, 60.--General
Conventions of, 3–79.—First Con-
stitution of: introduction, 83;
amendments of 1786, 84; amend-
ments, 1793 to 1870, 85; on the
preamble, 85; origin of the Con-
Walbridge, Gen. Ebenezer, 8, 147,
160, 194, 253, 259, 272.
Walbridge, Sergt. Henry, 270.
Waldo, Capt. Abiather, 259.
Waldo, John, 161.
Waldo, Jonathan, 270).
Walker, Daniel, 226.
Walker, Mrs., 226.
Walker, Ichabod, 281.
Wallace, Capt. Ebenezer, 150, 166,
251, 253, 256, 259.
Waller, Anna, 288.
Walton, Mr., of New York, 469.
Walton, Hon. E. P., commission to,
V.
Walworth, Q. M. James, 136, 146.
War, Committees of, 33, 46–7.
War, Board of, Governor and Coun-
cil constituted a, 288; proceed-
ings of, 294, 302, 304–309.
Ward, Asahel, 13.
Ward, Ensign William, 15, 23, 27,
63, 260, 280.
General Index.
555
Warner, Col. Seth, 4-6, 9-11, 18,
21-2, 27, 33, 35, 59, 64–6, 68, 74–5,
110, 114, 130, 144, 148, 153, 159-61,
163, 179-81, 183, 200, 228, 246,
254-58, 356, 468, 474, 477.-Letter
of: to the Convention at Wind-
sor, July 7, 1777, 64.—Biographi-
cal note, 159.
Warrants for Conventions, 11, 14,
57.
Warren, Col. Gideon, 6, 89, 148,
216, 260, 267, 274, 280, 295-8, 300,
301, 305, 307-8.
Warren, Jonathan, 344, 346.
Warren, Gen. Joseph, of Massachu-
setts, 181.
Washburn, Ebenezer, 154.
Washburn, Stephen, 261.
Washington, Gen. George, 18, 131,
196, 238, 288-293, 340, 362, 518.
Washington County Grammar-
School, 208.
Watson, Ebenezer, 482.
Watson, Elkanah, 116.
Watson, Lieut. Silas, 136, 149.
Weare, Meshech, President of New
Hampshire, 132-3, 274, 277-79,
282, 288, 294, 405-441.-Letters of:
to Ira Allen, July 19, 1777, 132;
to Gen. John Stark, same date,
133; to New Hampshire dele-
gates in Congress, 413; to Gov.
Chittenden, 414; to Ethan Allen,
427.—See Pamphlets and Docu-
ments on the first Union of New
Hampshire towns.
Webb, Calvin, 331.
|
:
241, 299, 310, 321, 338, 351, 386;
accounts of, 330, 338.
Wetherspoon, Doct. 373.
Wheat, Samuel, 305.
Wheatley, John, 280.
Wheeler, Rev. John, 177.
Wheeler, William, 209.
Wheelock, President Eleazer, 278,
428.
Wheelock, Col. and Pres't John, 32,
398, 427-8.—Biographical note,
428.
Wheelock, Seth, 251.
Whipple, Benjamin. 280.
Whiston, John, 151.
Whitcomb, Asa, 54, 55, 280.
White, Lieut.. 212.-
White, Mr., 332.
| White, Nicholas, 47.
White, Rev. Pliny H., 58, 63-4, 67,
70-71, 126.
White, Thomas, 345.
Whitelaw, Gen. James, 529.
Whiting, Benjamin, 156.
Whitlock, John, 188, 189.
Whitmore, Capt. Francis, 27, 36, 63,
329, 330.
Whitney, Lieut. Benjamin, 305, 356.
Wilder, Abel, and Mrs. Mary
Payne, 277.
Wilkinson, Gen. James, 123.
Willard, Bela, 305.
Willard, Jonathan, 11, 53, 55.
Willard, Joseph, 305.
Willard, Lieut. Samuel, 260.
Willard, William, 320.
Williams, Ezekiel, 200.
Webb, Joshua, 27, 36–7, 39, 46–7, 55, Williams, Capt. John, 143.
Webb, Silas, 302.
63, 280, 318-19, 329–30.
Webster, Anne, 236.
Webster, Deputy Governor John,
236.
Weeks, John M., vi.
Weld, Elias, 280.
Welden, Jesse, 214.
Wellers, Eliakim, 467.
Wells, Hubbell, 280.
Wells, Obadiah, 363–66, 368.
Wells, Col. Samuel, 155, 321, 334,
345-7, 351, 354, 403, 519.
Wennicks, Bartholomew, 153.
Wentworth, Gov. Beuning, 90, 432,
437, 507–8; proclamation of, 1764,
512.
Wentworth, Gov. John, 407, 432.
Westminster massacre, 4, 118, 155,
Williams, Doct. John, 339.
Williams, Maj. Joseph, 39, 63, 67.
Williams, Rev. Dr. Samuel, vi, 45–
6, 62, 177-8, 313, 411.-Notice of
his history of Vermont, 177.—Bi-
graphical note, 177.
Williams, Stephen, 200.
Williams, Col. William, 25, 63-4,
67, 156, 171, 205, 214, 273, 318-19,
341-3, 346, 507, 526.
Williamson, Garrett, 172.
Willoughby, Bliss, 273.
Willoughby, Ebenezer, 53, 55, 170,
172-3, 180, 184.
Willson, Benjamin, 300.
Willson, Lieut. Lucas, 344-5, 351,
357, 363–5, 368–9.
Willson, Thomas, 305.
Winchester, Capt., 184.
556
General Index.
Winnepiseogee lake, 276.
Winslow, Capt. Nathaniel, 183.
Winter campaign against Canada
proposed in 1777-8, 217-225.
Wise, John, 336.
Witherspoon, Rev. Dr. John, 441,
522-3.-Letter of, and of Samuel
T. Atlee, to committee of Cum-
berland county, 441, 522.
Wittum, Witherell, 209.
Wolcott, Abner, 206, 208-9, 211.
Wolcott, Gen. Oliver, 176.
Wood, Col. Ebenezer, 180, 191, 204,
221, 505, 508.—Biographical note,
221.
Wood, Job, 191, 204.
Wood, John, 208.
Woodbridge, Commissary Enoch,
292.
Woodward, Bezaleel, 273, 277-8,
280, 417, 436.
Woodward, Capt. Joseph, 12, 25-7,
33.
Woodward, Joshua, 245.
Woodworth, Amaziah, 55.
Woodworth, Amos, 54, 55.
Wooster, Jabez, 165, 168–9.
Wright, Mr., 182.
Wright, Abel, 183.
Wright, Capt. Azariah, 314-15, 331,
333, 398.-Biographical note, 315.
Wright, Charles, 266.
Wright, widow of Ebenezer, 291.
Wright, Lieut. Jonathan, 198.
Wright, Medad, 305.
Wright, Lieut. Moses, 39, 329.
Wright, Salmon, 331.
Wright, Capt. Samuel, 15, 23, 26, 35.
Wright, Capt. Simeon, 260.
Wright, Zadock, and Sarah, wife of,
304.
Y.
Young, Henry, 191.
Young, Sir John, 495, 496.
Young, Dr. Thomas, 32, 42–4, 58–9,
78, 83, 394, 396, 403.-Letters of:
to the inhabitants of Vermont,
1777, 394-396; proceedings of
Congress, of New York, and of
Vermont thereon, 396-99.
Younglove, Maj., 148, 155, 156.
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