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V 


RECORDS 


OF   THE 


COUNCIL  OF  SAFETY 


AND 


GOVERNOR  AND  COUNCIL 


OF  THE 


STATE  OF  VERMONT, 

TO   WHICH   ARE  PREFIXED   THE   UECORDS  OP  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. 


I 


CONTENTS  OF  VOLUME  I. 


I.  AN  ACT  providing  for  the  printing  of  the  Journals  of  the 

Council  of  Safety  and  of  the  Governor  and  Coinuil.. . .  v 

Commission  to  Hon.  E.  P.  Walton v 

II.  ACKNOWLEDGMENTS  AND  EXPLANATIONS....  vi 

III.  GENERAL  CONVENTIONS  in   the  New   Hampshire 

Grants,  for  the  independence,  organization,  and  defense 

of  the  State  of  Vermont,  July  1775  to  December,  1777..  1-108 

Introduction 3 

Convention  at  Dorset,  July  26,  1775 6 

"             at  Dorset,  Jan.  16,  1776 11 

"             at  Dorset,  July  24,  1776 14 

"             at  Dorset,  Sept.  25,  1776 26 

"             at  Westminster,  Oct.  .30,  1776 36 

"             at  Windsor,  June  4,  1777 ,52 

"             at  Windsor,  July  2,  1777 62 

'^             at  Windsor,  Dec.  24,  1777 76 

IV.  THE  FIRST  CONSTITUTION  of  the  State  of  Vermont.  81-103 

Introduction 83 

Amendments  of,  1786 84 

''                  1793  to  1870.  notes  on 85 

The  Preamble,  notes  on 85 

Origin  of  the  Constitution  and  comparison  with  the  Frame 
of  Government  of  Pennsylvania  granted  by  Charles 

THE  Second  to  Willia^i  Penn 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 108 

Members  of  the  Council 109-129 

Proceedings  of  the  Council 130-229 


iv  CONTENTS. 

VI.  RECORD  OF  THE    GOVERNOR   AND   COUNCIL, 

March  12, 1778,  to  Aug.  23,  1779 231-309 

Introduction 2.33-242 

Record  of  Governor  and  Council 243-309 

The  Governor  and  Council  as  a  Board  of  War 294-309 

VII.  APPENDIX 311-525 

Appendix  A,  No.  1,  Poceedings  of  the  Congres.s  and  Com- 
mittee of  Safety  for  Cumberland  County,  June  1774  to 
September  1777 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.dcclxxvil  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 394-390 

Appendix  E,  Remarks  on  Article  three  of  the  Declaration 

of  Rights,  by  Hon.  Daniel  Chipman 400^02 

Appendix  F,  The  Name  "  Vermont  " 403^04 

Appendix  G,  First  Union  of  New  Hampshire  towns  witli 

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 444-517 

Appendix  J,  Documents  on  the  enforcement  of  the  au- 
thority of  Vermont  in  Cumberland  Countj^  in  May  177§,  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  governoi-  of  the  state  is  hereby  axitliorized  to  appoiiil 
some  suitable  person  or  persons,  and  to  contract  with  him  <ir  tiicni  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  yierson  or  persons  so  appointed  are  also  authorized  to 
publish,  in  the  form  of  an  appendix  to  such  records,  any  cotemporary 
public  documents  thai  may  hi;  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  i)rintiug  said  rec- 
ords shall  be  approved  by  the  governor  before  they  shall  be  juidited  by 
the  state  auditor. 

Approved,  November  15,  ±\..  D.  1872. 


COMMISSION. 

Under  and  by  vii-tue  of  the  authority  of  the  Act  of  the  General  As- 
sembl}^  of  the  State  of  Vermont,  approved  November  15th,  A.  D.  1S72, 
I  hereb}'  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  necessar}'  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. 

Given  under  my  hand  and  the  seal  of  the  State,  at  Woodstock, 
'     ■        this  thirteenth  day  of  January,  A.  D.  187."{. 

JULIUS  CONVERSE. 
By  the  Governor: 

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  Hemenvtay,  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  Kev.  Zadock  Thompson  ;  to  Dr.  Jeremy  Belknap's 
History  of  New  Hampshire ;  to  Hon.  William  Slade's  State  Tapers ; 
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  Perkinsvllle,  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  Hev.  Isaac  Jennings,  Fair  Haven  by  Andrew  IST. 
Adams,  Pittsford  by  Dr.  A.  M.  Caverly,  Salisbury  by  John  M.  Weeks, 
and  Shoreham,  by  Rev.  Josiah  P.  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  Vermontei's  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  Tho:mas  and  Eli  Ciiittkn- 
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,  II.  B.  Hall,  of  Morrisania,  N.  Y.  The 
portraits  used  in  constructing  the  engraved  portrait  of  Lieut.  Gov. 
Joseph  Harsh  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  strongl}^  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  "if  is 
perfectly  satisfactory.''''  The  autogi-aph  was  selected  frum  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.  Rosavell 
Marsh  for  criticism,  and  he  replied  as  follows  : 

Steubenville,  [Ohio,]  July  23, 1873. 
Hon.  E.  P.  Walton  : 

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  neigh])or,  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  enowjJi,  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. 

I  have  hoped  to  give  in  this  volume,  prefixed  to  the  "  Vindication," 
an  engraving  from  what  purports  to  be  a  portrait  of  Ethan  Al,i,en,  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 

Obedient  Servant, 

E.  P.  Walton. 

Montpelier,  Sept.  1, 1873. 


GENERAL   CONVENTIONS 

IN   THE 

New  Hampshire  Grants, 

FOR  THE 

INDEPENDEN^CE,  OKGANIZATION",  AJTD  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.*  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  usurj)ation  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  ISTew  York  claimants.  These 
Committees  afterwards  met,  from  time  to  time  as  occasion  seemed  to 
demand,  in  general  convention  to  consult  u]ion  and  adopt  measures  for 
their  common  protection.'"-  But  to  meet  new  exigencies  of  the  people — 
for  bearing  their  part  in  the  Avar  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 — Gkneral 
Conventions  of  a  still  higher  grade  were  constituted,  the  first  of  which 
met  on  the  16th  of  January,  1770.^  This  was  called  by  a  "  warrant," 
issued  Dec.  10,  1775,  by  a  committee  apparently  appointed  for  the  pur- 


*  Zadock  Thompson's  Vermont,  part  i,  p.  224. 

^  Hiland  Hall,  in  Vermont  Historical  Society  Collections,  vol.  i,  jip.  4,  5. 
Town  Committees  of  Safety  were  appointed  in  Cumberland  and  Glouces- 
ter [Windham,  Windsor,  and  Orange]  counties  in  1774  and  111'),  and 
these,  when  met  together  in  each  county,  constituted  the  County  Com- 
mittee of  Safety. — ^eeAppendix  A. 

'  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  Greneral  Conventions, 

pose,  (when  and  by  what  authority  does  not  appear,)  which  warned  the 
inhabitants  on  the  New  Hampshire  grants  "  to  meet  together  liy  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  ajjpointed  by  the  inhabitants  of  the  several  towns  ;  and  the  re- 
solves made  in  Convention  were  executed  by  committees  or  agents 
tliereto  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  the}"  could  ap- 
peal "  to  the  royal  wisdom  and  clemency,  and  till  such  time  as  his  Maj- 
esty shall  settle  this  controversy."*  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 

^  See  Appendix,  A.,  No.  1. 


General  Conventions.  5 

the  President  of  Congress,  John  Hancock,  to  the  Convention  of  Now 
York,  the)'  rei:)aire(l  to  that  body.  On  the  4th  of  July,  Allen  and  AVar- 
ner  were  admitted  to  the  Convention,  and  that  body  ordered,  that  in 
consequence  of  a  recommendation  from  the  Continental  Congress,  ''  an 
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.  Schuyler'  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,  Avith  the  ajjproval  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. 

^  Of  the  continental  array,  then  recently  appointed  by  Congress. 
^Hiland  HalFs  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  2(3,  1775,  voted  as  follows,  viz.  : 

1st.     Chose  Mr.  Nathan  Clark  Chairman. 

2'^-      Chose  John  Fassett  Clerk. 

Sd.  The  motion  ])eing  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.  Cliose  Mr.  Seth  Warner  Lieutenant  Colonel  for  the  regiment  of 
Green  Mountain  Boys  by  a  majority  of  forty-one  to  five. 

5t''-  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.  First  Lieutenants.  Second  Lieutenants. 

[1.]  Weight[Wait]Hopkins,  John  Fassett,  [Jr.]  John  Noble, 

[2.]  Oliver  Potter,  Ebenezer  Allen,  James  Claghorn, 

[3.]  John  Grant,  Barnabas  Barnum,  John  Chipman, 

[4.]  William  Fitch,  David  Galusha,  Nathan  Smith, 

[5.]  Gideon  Brownson,  Jellis  Blakeley,  Philo  Hard, 

[6.]  Micah  Vail,  -    Ira  Allen,  Jesse  Sawyer, 

[7.]  Heman  Allen,  Gideon  Warren,  Joshua  Stanton. 

Nathan  Clark,  Chairman. '^ 

^Ethan  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 
upon  the  Continental  Congress  to  give  him  a  commission.  Allen  was 
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  Saflford  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  Fassctt,  jr.,  a  jironiincnt 
man  in  the  state  government. 

The  second  company  was  probably  from  Poultney  and  Tinmoutli. 
Ebenezer  Allen  resided  in  Poultne}'  at  the  time  of  his  appointment,  but 
removed  soon  after  to  Tinmouth,  which  he  represented  in  several  Con- 
ventions, beginning  in  Januar}^  1776.  Ebenezer  and  Ethan  Allen's 
families  were  descendants  of  two  brothers,  Matthew  and  Samuel,  who 
came  to  JiTew  England  in  1632. — See  Vt.  Hist.  Mag.,  vol.  i,  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  vicinit}'.  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.  l,  pp.  65,  860,  878.  John  Chipmau  cleared  the 
first  land  in  Middlebur3\  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.  Pie  died  in  Middlebury  in  Aug.  1829. — See 
Vt.  Hist.  Mag..,  vol.  i,  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  ;  possibl}-  it  was  Grant. 

The  fourth  company  was  probably  from  Pawlet  and  Shaftsbur3\  Capt. 
Fitch  represented  Pawlet  in  most  of  the  Conventions.  David  Galusha 
was  of  Shaftsbury.  Xatlian  Smith  was  i)robably  of  Bridjiort  until  1784, 
when  he  settled  in  Shoreham. — See  Swift's  AdOison  County,  p.  87;  and 
Vt.  Hist.  Mag.,  vol.  I,  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  montlis  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  beeta  promoted 
to  the  rank  of  Major  in  the  continental  service,  and  afterward  General  in 


8  -  General  Conventions. 

Mat  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 iiolitician  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.  Blakele}^  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.  i,  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 
Kutland  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.  i,  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  jjounds,  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.  i,  pp.  761-763. 


Oonvenlion  at  Dorset,  July  26,  1775.  9 

our  committee  meeting  on  the  New  Hampshire  Grants,  upon  due  notice 


On  the  5th  of  July  ]irevious  to  tlie  Convention.  Ethan  Allen  proposed 
to  the  Provincial  Congress  of  New  York  the  following  list  of  officers  for 
the  regiment  of  Green  Mountain  Boys  : 

Ethan  Allen,   )  _p.  , ,  <^^„g^„ 
Seth  Warner,  |  ^*^'^  um<^ers. 

Captains.  Lieutenants. 

Remember  Baker,  Ira  Allen, 

Robert  Cochran,  John  Grant, 

Michael  Veal,  [Micah  Vail,]  Ebenezer  Allen, 

Peleg  Sutherling,  [Sunderland,]  David  Ives, 

Gideon  Warren,  , 

Wait  Hopkins,  Jesse  Sawyer. 

Heman  Allen. 
Levi  Allen,  Adjutant;  Elijah  Babcock,  Commissary  ;  Jonas  Fay,  Doctor 
cfe  Surgeon. — See  Ethan  Allen  Jl/ss.,  p.  157  ;  Collection  of  Historical  3Iss. 
relating  to  the  war  of  the  revolution,  in  the  office  of  tlie  Secretary  of 
State,  New  York,  published  at  Al])any  in  1868,  vol.  i,  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  wei'e  appointed.  Of  the  others,  Baker  was  killed  j^m'^m 
previous  to  the  Convention,  otherwise  he  would  probably  have  been  a  .  I  </ 
favorite.  Ethan  Allen  received  from  Congi-ess,  14th  Ma}^  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.  31ag.,  vol.  i,  pp.  571-574; 
Slade''s  State  Papers,  563.  "  Capt.  Peleg  Sunderland  "  ap]iears  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  sliould  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  Creneral  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.^ 

which  he  commanded.  "With  only  about  one  half  of  this  unreliable 
body  he  attacked  ISIontreal,  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.  I,  p.  366,  text  and  note. 

*  Journal  of  New  York  Congress,  July  1,  4,  and  August  15,  1775. 


COI^VEN^TION   AT   DORSET, 

JANUARY  16,  1776. 


[From  a  manuscript  copy  in  tlie  possession  of  Hon.  Jame9  H.  Phelps,  of  West  Townsliend, 

made  by  him  from  an  official  copy  certified  by  JOXAS  Fay.  clerk.     First  printed 

in  Vermont  Historical  Society  Collections,  Vol.  I.] 


WAREANT. 

Arlington,  10th  Dec'r,  1775. 
Whereas,  there  has  been  several  warrants  or  notifications  sent  i;p  the 
country  for  a  general  meeting  on  the  N".  Hampshire  Grants  to  be  held 
at  Mr.  Cephas  Kent's,  in  Dorset,  on  the  tirst  Wednesday  of  January 
next,  and  as  it  was  thought  very  necessary  that  Col.  Setli  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  inliabitants  on  the  said  N.  Hampshire 
Grants  west  of  the  range  of  Green  Mountains,  to  meet  togetlier  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  tlie  following  articles,  (viz  :) 
1st.  To  choose  a  Moderator  or  Chairman  for  said  meeting. 
2'^-      To  choose  Clarks  for  said  meeting. 

S*-  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.' 

4th-  To  see  if  the  said  Convention  will  come  into  some  proper  regu- 
lations, or  take  some  method  to  suppress  all  scliismatic  Mobbs  that  have, 
or  may  arise  on  said  Grants. 

5tb.  To  see  if  they  will  choose  an  Agent,  or  Agents,  to  send  to  the 
Continental  Congress. 

6ti>-  To  see  whether  the  Convention  will  consent  to  associate  with  N. 
York,  or  by  themselves,  in  the  cause  of  America. 

Moses  Robinson,  'l 

SA:>ruKL  Robinson, 
Setii  Warner, 
By  order  of  Jerkmiah  Clark,  >  Committee. 

Martin  Powell,  j 

Daniel  Smith, 
Jonathan  Willard, 

VSee  Vt.  Hist.  Soc.  Coll,  vol.  ii,  p.  x. 


12  G-eneral  Conventions. 

"S.  Ha^ipshire  \ 

Grants.        |  Dorset,  Januarj- 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-     Made  choice  of  Capt.  Joseph  Woodward,  Chairman. 

2<i-      Made  choice  of  Doct.  Jonas  Fay,  Clerk. 

3'J-  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. 


owns''  Names. 

No.  votes  allowed. 

Towns''  Names. 

No. 

votes  allowed 

Pownall, 

4 

Clarendon, 

4 

Bennington, 

7 

Rutland, 

3 

Shaftsbui-y, 

4 

Pittsford, 

2 

Arlington, 

3 

Rupei't, 

2 

Sunderland, 

2 

Pawlet, 

1 

Manchester, 

4 

Wells, 

1 

Dorset, 

2 

Poultney, 

2 

Danl)ee, 

3 

Castleton, 

2 

Tinmouth, 

2 

Neshobee,  [or 

Brandon, 

]1 

Joseph  Bowker,  Chairman  Sub- Committee. 
A  true  Copy,  Examined, 

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  Breakenridgo,  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.  TliDiiias  Row- 
ley be  a  Committee  with  the  above  delegates  to  prepare  the  said  Keniou- 
strance  and  Petition.* 

Voted,  JSTem.  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. 

Vohd,  That  the  several  Committees  of  Correspondence  continue  their 
duty  as  usual. - 

Lastly  voted  to  Dissolve  the  Meeting. 

pr  Joseph  Woodward,  Chairman. 
Errors  excepted. 

True  Copy  examined, 
pr  JoxAS  Fay,  Clerh. 

Cash  received  for  the  purpose  of  Defraying  the  charges  of  the  Dele- 
gates appointed  to  attend  Congress. 

L.   M. 

Poultney 0-  6-4 

Pittsford 0-6-0 

Rupert 0-10-1 

£1-  2-5 
Received  pr. 

Jonas  Fat,  Clerk. 

^The  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. 

°  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. 


CONVEKTIO:^    AT    DORSET, 

JULY  24,  1776. 


[From  the  manuscript  copy  of  the  Hon.  James  H.  Phelps,  as  published  In  the  Vermont  His- 
torical Society  CoUectious,  vol.  I.] 


WAEEANT. 

24th  June,  1776. 

These  are  to  warn  the  severallnhabitants  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. 

3<J-  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. 

4tii.  To  know  the  minds  of  the  Convention,  relative  to  their  associat- 
ing with  the  province  of  N.  Hampshire. 

6*1'  In  case  the  last  article  be  objected  to  :  Whether  said  Convention 
will  agree  to  an  association  (not  re]mgnant  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. 

Qth.  To  see  if  said  Convention  will  earnestly  recommend  it  to  the  sev- 
eral Field  Otticers  hei'etofore  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  hon'^ie  the  Continental  Con- 
gress. 

7t'>-  To  see  if  said  Convention  will  make  preparation,  and  settle 
with  Capt  Heman  Allen  for  his  expenses  and  services  for  the  publick. 

And  st^ii-  to  transact  any  other  business  that  shall  be  thought  necessary 
and  in  the  power  of  S''  Convention  for  the  safety  of  the  liberties  of  the 
Colonies  in  General  and  the  N.  Hampshire  Grants  in  particular. 
James  BREAKi:NmDGE, ) 

Simeon  Hathav^ay,       >  Committee  Appointed. 
Elijah  Dewey,  ) 

Copy  examined, 
pr  Jonas  Fay,  Clerk. 


Convention  at  Dorset,  July  24,  1776. 


15 


DOKSET,  July  24lh,  1776. 
In  consequence  of  the  foregoing  Warrant,  the  following  persons,  being 
Delegated,  met  at  this  place   to   transact   the   business   of  b^  warning, 
(viz  :) 

Towns^  Names.  Delegates''  Names. 

Hines-    ) 
bimjk  &  y  Isaac  Lawrence. 

3Io)ikton.i) 
Neshohee 


Towns^  Names.  Delegates^  Names. 

Pownall,     Capt.  Sam'l  Wright 

-c       •       ( Simeon  Hathaway, 
^™'^^OjonasFay, 


ton. 

Shafts- 
hurt/, 

Sunder- 
land, 

Man- 
chester, 


(  Jno.  Buruam,  Jr. 
j  Maj.  Jeremiah  Clark, 
I  Mr.  John  Burnam. 

•]  Joseph  Bradley. 

(  Col.  Wm.  Marsh,! 
-I  Lt.  Martin  Powell, 
(  Gideon  Ormsby. 


Bupert,  ■] 


Dorset   \  "^"'^^  Manley, 
dJOtsei,  |^i3j..„-^  Underbill. 

Eeuben  Harmon, 
Amos  Curtis. 
Pa^'Ze^  Capt.  ^Ym.  Fitch, 
'  (  Maj.  Roger  Rose. 
5  Daniel  Culver, 
jOgdeu  Malic )ry. 
j  Nebemiah  Howe, 
I  Williana  AVard. 
j  Ephraim  Buel, 
I  Jesse  Belknap. 

\ 
\ 


Wells, 

Poult- 

ney. 
Castle- 
ton, 
Huhher- 
ton, 


Benja.  Hitchcock. 


Williston,  Col.  Thos.  Chittenden. 
Jerico,        Brown  Chamberlain. 
Colchester,  Ira  Allen. 


lor 
Brandon,'] 

Pitts- 
ford, 


John  Mott. 

Aaron  Parsons, 
Jona.  Rowley, 
Jonathan  Passett. 


Rutland,  I'^'^'^l'^r'^'r 

'  (  Joseph  Bowker. 

Clarendon,  Thomas  Brat  en. 

No.  Wal-  5  Matthew  Lyon, 

Ungford,  (  Abr'm  Jackson. 

Tin-      \  Eben'r  Allen, 

mouth,   \  Stephen  Royce. 

'  (  William  Gage. 


Capt.  Samuel  Fletcher, 
Josiah  Fish." 


Capi.  Heman  Allen, 


Towns- 
hcnd, 
Middle- 
borough,  \ 
Bridport,   Samuel  Benton. 
Sudbury,    John  Gage. 
Addison,    Col.  John  Strong. 
Cormoall,   James  Bentlcy. 

.      ^'  -]  Lemuel  Bradley. 
Stamford,   Thomas  Morgan. 


Voted,  Unanimously,  that  the  above  persons  be  admitted  as  legal  mem- 
bers of  this  Convention. 

Copy  examined. 

pr  Jonas  Fay,  Clerk. 


PROCEEDED— (VIZ.) 

Chose  Capt.  Joseph  Bowker,  Chairman. 

Chose  Doet.  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  IS".  Hampshire  Grants  to  the  honorable  the 

^  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  iliat  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^  EsqW.^  President  of  the  honorable  the 
Contmental  Congress,  tfcc,  tfcc,  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  eftbrts  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  i:»ossible  the  very 
peculiar  situation  in  which  your  petitioners  have  for  a  series  of  years 
been  exex'cised,  and  are  still  struggling  under. 

"  Perhaps  your  honors,  or  at  least  some  of  you,  are  not  unacquainted, 
that  at  the  conclusion  of  the  last  War,  the  above  described  i)remises, 
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  lai'ge  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  3'our 
Petitioners'  names,  praying  that  his  Majesty  would  annex  the  said  lands 
granted  by  the  authority  ofN.  Hampshire  to  N.  York  on  account  of  its 
local  and  other  circumstances  for  the  benefit  of  the  inhabitants. 

"  Your  i^etitioners  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  20lh  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.): — 


I 


Convention  at  Dorset,  July  24,  1776.  17 

"'At  a  Court  at  Saint  James's  the  24th  da}-  of  July,  1767. 

" '  Present  : 

'"The  King's  Most  Excellent  Majest3\ 

The  Archbishop  of  Canterbury.  Earl  of  Shelburn. 

Lord  Chancellor.  Viscount  Falmouth. 

Duke  of  Quecn8))orou2;h.  Viscount  15arrington. 

Duke  of  Ancarter.  Viscount  Clark. 

Lord  Chamberlain.  Bishop  of  London. 

Earl  of  I.ircbfield.  '   Mr.  Sec'y  Conway. 

Earl  of  BrisltW.  Thorn's  Stanley,  Esq. 

"•'  His  Majesty  takint;  the  said  Report  into  consideration  was  jileased 
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  Majest3''s  further  pleasure  shall  be  known  concerning  the  same. 

'"  William  SiiAnrE. 
"'A  true  Conv,  Attest,  G'w.  Baxyah,  Dcpt'tj  6'ecY'"* 
"The  many  intervening  and  unhappy  disputes  which  since  have  hap- 
pened between  those  Land  Traders  of  Xew  York  and  your  Petitioners 
would  take  up  too  much  time  under  tlie  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  tiiey  find  your  honors"  admittance,  and  such  particulars  be  thoucht 
necessar}'.  Let  it  suthce  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  bis  Majest}'  ;  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  ou  this  moment  by  the  Committee  of  Safety  for  the 
County  of  Albany  to  suppress  a  dangerous  insurrection  in  Tr3-on 
County.  Upvvards  of  ninety  soldiers  were  on  their  march  within  twelve 
hours  after  receiving  the  news,  all  inhabitants  of  one  tovt-n  inhabited  by 
your  petitioners,  and  all  furnished  with  arms,  ammunition,  accoutre- 
ments, provisions,  &c.  Again  we  are  alarmed  by  express  from  General 
AVooster  commanding  at  Montreal,  with  the  disagreeable  news  of  the 
unfortunate  attack  on  Qu.djec,  (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- 

*  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  Neio  Hwnpshire  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  Kew  l^'ork  w^as  Iiilly  understood,  the 
validity  of  the  JSFew  Hampshire  Grants  was  affirmed  by  the  British  board 
which  had  jurisdiction  of  land  titles  in  America. — E.  Allen  Jl/ss.,  pp. 
415-419  ;  Early  History  of  Vermont,  p.  466. 
3 


18  G-eneral  Conventions. 

bee,  and  more  are"  daily  following  their  example.^  Yet  while  we  3'our 
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, 
«fcc.,  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  pro]ierty  ;  as  the  oath  to  be  ad- 
ministered to  those,  wlio  are,  or  shall  be  entrusted  with  commissions 
from  said  Congress,  and  the  Association,  agreed  upon  ])y  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  i^ew  York.  And  that  your  Petitioners'  ardent  desires  of  exerting 
themselves  in  the  present  struggle  for  freedom  may  not  be  restrained, 

*  HiLAND  HALii  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  Monti'eal  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  Gth  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  sa3"s  :  ''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  safet}^  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  lielping  hand  to  your 
brethren  in  distress,  therefore  let  me  beg  you  to  raise  as  many  men  as 
3'ou  can,  and  somehow  get  into  the  countr\'  and  stay  with  us  till  we  can 
have  relief  from  the  colonies.  You  will  see  that  projier  ofHcers  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  vipon  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  ver}'  short  time."  Their  |)romptness  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,  17TG.  19 

and  that  we  might  engage  in  the  Glorious  Cause,  without  fear  of  giving 
our  opponents  any  advantage  in  tlio  said  Land  dispute,  which  we  would 
wish  to  liave  lie  Dormant',  until  a  general  restoi'alion  of  Tran([uility 
shall  allow  us  the  opjiortunity  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  iiave  expressly 
declared  the  Charters,  Conveyances,  &c..  of  yuur  Petitioners"  Lands  to 
be  null  and  void. 

'•  Therefore  we  your  honors' liumble  Petitioners  most  earnestly  jtray 
3-our  Himors  to  take  our  cause  into  your  wise  consideration,  and  order 
that  for  the  future  your  jietitioners  shall  do  Duty  in  the  Continental  ser- 
vice (if  re(iuired)  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,  nnd  that 
commissions,  as  your  honors  shall  judge  meet,  be  granted  accordingly, 
and  as  in  Duty  bound,  your  honors'  Petitioners  shall  ever  jn-ay. 

'•  At  a  meeting  of  tlu^  representatives  of  the  diiferent  Towns  on  the 
N.  Ham))shire  Grants  legally  warned  and  convened  at  the  house  of  Mr. 
Cephas  Kenfs,  innholder  in  Dorset,  on  the  iOth  day  of  January,  A.  D. 
1776  :  Captain  Josepii  Woodwaud,  Chairman. 

"  Doct'r  Jonas  Fay,  Clerk. 

"This  meeting  after  due  consideration  agreed  to  jjrefer  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  vt)te  was  called  and 
passed  in  the  aflftrmative,  Wem.  Con. — then  Doctor  Jonas  Fay  was  nom- 
inated and  a  vote  called  passed  in  the  atHrnuitive,  Nem.  Con. 

''  Joseph  Woodward,  Chairman. 

"  Attest,  Jonas  Fay,  Clerk. 
"  A  true  copy  from  the  original. 
"  Errors  excepted.  pr  JoNA^  Jay,  |  Committee  Appointed.- 

Captain  Heraan  Allen,  appointed  to  prefer  the  foregoing  to  the  honor- 
able tlie  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  Philadelphin,  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  furtlier  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 

'The  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.' 

That  he  had  many  private  conferences  with  sundry  members  of  Con- 
gress and  other  Gentlemen  of  distinction  relating  to  the  particuhir  cir- 
cumstances and  situation  of  the  ^ew  Hampshire  Grants,  who  did  seve- 
rally earnestly  recommend  that  the  inhal)itants  of  said  Grants  exert 
themselves  to  their  utmost  abilities  to  repel,  by  force,  the  Hostile  inva- 
sions of  the  British  tleets  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  honoralde  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  Inhalntants  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. 

2*'-  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.) 

3^-  Voted  to  pass  over  the  fourth,  fifth  and  sixth  articles  of  the  War- 
rant till  to-morrow  at  ten  o'clock  at  this  place. 

Z^-  Voted,  Col.  William  Marsh,  Col.  Thomas  Chittenden,  John  Rur- 
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  theref)n  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 

^  See  Vt.  Hist.  Soc.  Collections,  vol.  ii,  "  Additions  and  Corrections," 
pp.  xiv,  XV. 

-The  following  are  the  resolutions  of  Congress  : 

The  Committee,  to  whom  the  petition,  address,  and  remonstrance  of 
persons  inhabiting  that  part  of  America,  wliich  is  commonly  called  and 
known  by  the  name  of  the  New-Hami)shire  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  governmenl 


Convention  at  Dorset,  July  24,  1776.  21 

Voted,  To  recommend  it  accordingly. 

Voted,  To  choose  n  Coniniiltee  to  treat  with  the  Inliabitants  of  the 
New  Hampshire  Grants  on  tlie  East  side  of  the  range  of  Green  Moun- 
tains, rehitive  to  tlieir  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  Chittt'nd(;n,  and  Lieut.  Ira 
Allen  a  Committee  to  prepare  insti'uctions  for  the  al)ove  sail  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     i^ 
the  iSTortliern  Department,  requesting  his  assistance  in  (ruarding    the 
Frontiers  to  the  Northward  on  the  said  New  Hampshire  Grants. 

Voted,  That  Doct.  Jonas  Fay  and  Col.  William  Marsh  be  a  Committee     v. 
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  Pleasui-t^ 
of  the  honorable  the  Continental  Congress,  that  every  honest  Friend  to 
the  Liberties  of  America,  in  tlie  several  United  States  thereof,  should 
subscribe  an  Association,  liinding  themselves  as  Members  of  some  Bod}' 
or  Community  to  stand  in  the  defence  of  those  J^iberties;  and  Whereas 
it  has  been  the  usual  custom  for  individuals  to  associate  Avith  the  Colonj'- 
or  State  which  they  are  re])uted  members  of:  Yet  nevertheless  the  long 
and  spirited  Contiict.  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  resjiects  to  associate  with  that  Province  or  State, 
which  has  hitherto  been  the  sole  reason  of  our  not  subscribing  an  Asso- 
ciation ])efore  this. 

The  better  therefore  to  convince  the  Pulilick  of  our  readiness  to  join 
in  the  common  Defence  of  the  aforesaid  Liberties,  AYe  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,  Mdth  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  tliem  ;  nor  be  construed  to  attirm  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  refei-red  to  proper  judges. 

In  Concjress,  June  4th,  1770. 
Resolved,  That  captain  Herman  [Heman]  Allen  have  leave  to  witli- 
draw  the  petition   by  him  delivered,  ni  behalf  of  the  inhaldtants  of  the 
New-Hampshire  grants,  he  representing  tluit  he  has  left  at  home  some  pa- 
pers and  vouchers  necessary  to  support  the  allegations  therein  contained. 
Extracts  from  the  minutes.  Trios.  Edsox,  for 

Chas.  Thompson-,  <S'ec. 
— See  Slade's  State  papers,  pp.  (54,  (55;  Journal  of  Congress,  June  4,  177(3, 
vol.  II,  p.  190. 


22  General  Conventions. 

United  Amt-rican  States  against  the  Hostile  attempts  of  the  British 
Fleets  and  Armies,  imtil  the  present  unhappy  Controversy  between  the 
two  Countries  shall  be  settled. 

SIGNERS'  NAMES— VIZ. 

Joseph  Bowker,  William  Gage,  Daniel  Culver, 

Thomas  Chittenden,  Reuben  Harmon,  John  Burnam, 

Simeon  Hathaway,  John  Manley,  John  Strong, 

Jeremiah  Clark,  ~  Seth  Warner,  Lemuel  Bradley, 

Joseph  Bradley,  William  Marsh,i  John  Gage, 

^  Went  over  to  the  enemy  after  signing  the  above. — E.  Allen  Mss.,  p. 
240.  And  lied  to  Canada,  leaving  his  family  in  Dorset. —  Ft.  Hist.  May., 
vol.  I,  p.  184.  His  property  was  confiscated,  and  his  return  to  the  State 
was  forbidden  by  the  following  act,  which  was  passed  Eeb.  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  Stales  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  enem}^,  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,  tfcc,  that  if  the  said,  [here  the  names  are  reiieatert,]  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  respewively  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  tlie  before  described  persons,  they  shall  order  him  to  be  whipped 
on  the  naked  back,  not  more  than  forty,  nor  l(>ss  than  twenty  stripes  ; 
which  punishment  shall  be  inflicted,  and  the  delinquent  shall  be  ordered 
to  quit  tbis  State,  immediately. 

Be  it  farther  enactp-d.,  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  farther  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, 
Saimu'l  Wright, 
Samuel  Bfiitou, 
Jesse  Belknap, 
Abraham  Underhill. 
William  Ward, 
James  Bentle, 
Thomas  Morgan, 
Heman  Allen. 
John  Burnam,  Jr., 
Micah  Veal,  [Vail,] 


Gideon  Ormsby, 
Stephen  Royce, 
Amos  Curtis, 
Ira  Allen, 
Xehemiah  Howe, 
Asa  Johnson. 
Brown  Chamberlain, 
Ephraim  Buell, 
El)enezer  Allen, 
Benjamin  Hicock, 
Isaac  Lawrence, 


John  Mott, 
Jonathan  Kowlee, 
Jona.  Fassett, 
Aaron  Parsons, 
Matthew  Lyon, 
William  Fitch, 
Ogden  Mallery, 
Jonas  Fay, 
Martin  Powell, 
Roger  Rose, 
Samuel  Fletcher, 
Josiah  Fish. 
Thomas  Braten,  of  Clar- 


The  above  are  the  names  of  the  Delegates. 
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  the}'  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  sujjcrior  court, 
forfeit  and  pay  the  sum  of  live  hundred  pounds  ;  two  thirds  thereof  to 
the  use  of  this  State,  the  other  third  to  the  use  of  him  or  tliem  who 
shall  prosecute  the  same  to  etfect. — Ms.  record  of  Laws,  vol.  i,  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  comjiany  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  Burgoyue  swept  along  the 
western  border,  and  a  part  of  it  was  reported  to  be  advancing  on  the 
military  road  from  Mount  Indei)endence  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.  I.  p.  184.  Col.  Marsh,  however,  returned,  and  was  permitted 
to  remain.  His  son,  Johnson  Marsh,  rejjresented  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  thf;  General  Assembly  from  1784  to  1788-9,  five 
years. 


24  Greneral  Conventions. 

Resolved,  Unanimously,  Tliat  any  person  or  persons  inhabitants  of 
the  Xew  Hami^shire  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  X.  Hampshire  Grants.^ 

^  These  were  the  first  formal  proceedings  in  Convention  for  the  evident 
purpose  of  severing  the  connection  of  eastern  Vermont  with  N^ew  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  N"ew  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  ]H-qjected  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  etfect, 
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  Gth  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  w^ere  read  by  them  bearing  u])on  the  subject  of  a  sep- 
arate jurisdiction;  the  boundaries  of  a  new  state  were  described;  and 
the  api)rol)ati(m  of  the  committees  was  souglit  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.  2.'> 

Resolved,  That  nine  i)ersons  be  chosen  as  a  Committee  of  Api)cals, 
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  jieople  eonceining  the  formation  of  a  new 
state.  lie  also  reminded  him,  that  if  Ihe  inhabitanls  of  the  "  Grants" 
should  accede  to  the  form  of  government  which  wouki  soon  he  adopted 
for  the  state  of  New  York,  they  would  have  no  opportunity  to  withdraw 
their  support  therefrom  al  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  jieople  in  each  town  were  invited  to  assemlile 
in  town-meeting  and  express  their  o])inion  as  to  the  course  which  they 
should  deem  it  best  to  pursue.  In  Rockingham,  on  the  2Gth  of  AugUNl, 
the  inhabitants  voted  "to  associate  with  the  inhabitants  of  that  district 
of  laud  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  instru-;ted  them  "to  use  their  best  intlu- 
ence  ''  to  obtain  the  passage  of  ^uch  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  Sept(;mbt'r,  similai- 
measures  were  adopted,  and  the  association,  which  had  been  formed  at 
the  Dorset  C(mvention,  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  (ireen  Moun- 
tain B03S,"  no  dispo.sition  was  shown  to  throw  olF  the  jurisdiction  of 
New  York. 

At  the  adjourned  convention,  which  was  held  at  Dorset  on  the  2r)th  of 
iSeptember,  representatives  were  present  from  both  sides  of  the  moun- 
tains. Loyalt}^  to  American  principles,  as  embodied  in  the  Revolution, 
animated  the  discussion^  which  took  jilace,  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.  Tlie  little  leaven  of  dissatisfaction 
had  worked  its  etiect  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  ot  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  thai  thcii-  iiroceedings  might  be  laid 
before  the  county  committee  of  safety  at  I  lie  next  UKieting.  Written 
returns  were  received  from  a  few  town.s;  verl)al  messages  Ironi  others; 
but  the  majoritv  did  not  deem  it  practicable  to  otler  a  reply.  The 
greater  part  of  the  inhabitants  of  Hartford  favored  a  sepai'ation  from 
New  Yoi'k,  but  desired  that  an  application  to  that  etiect  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 


Greneral  Conventions. 


ed  to  theru  (in  writiug)  by  any  of  the  inhabitants  of  the  New  Hampshire 
Grants  relative  to  the  cause  of  American  Liberty,  l^y  way  of  proper  ap- 
peal from  the  ju(l2;ment  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,  Cai)t.  Joseph  IJowker,  Cajjt.  Joseph  Woodward,  Capt. 
Micah  Veal,  [Vail.]  Col.  Thomas  Chittenden,  Major  Stephen  Royce,  and 
Capt.  Abraham  Underbill,  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  2ijth  day  of  September  next  at  8  o'clock  in  the 
Morning. 

Joseph  Bowker,  Chairman. 

Attest,  Jonas  Fay,  Clerk. 


ADJOURNED  SES-ION  AT  DORSET,  SEPT.  2o,  1776. 


[From  the  manuscript  copy  of  the  Hox.  Jameh  H.   Phelps,  .as  published  in  the  Vermout  Hii 
torical  Society  Collections,  Vol.  I.  ] 


NEW  HAMPSHIKE  GRANTS,  ]      At  a  General  Convention  of 

Cephas  Kent's,  Dorset,  ^2~)th  Sept.  1776.  j  the   Several   Delegates   from 
the  Towns  on  the  West  side  the  range  of  Green  Mountains  the  24th  day 
of  July  last,  consisting  of  flfty-oue    Members,  rei)resenting  thirty-live 
t.)wns.  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. 
[West  Side.] 

„  ,     \  Capt.  Sam"!  Wright, 

i  oionaL  I  -p^j^j  Obadiah  Dunham. 

f  Mr.  Simeon  Hathaway, 
I  Doct.  Jonas  Fay, 
Benninij-  ]  Capt.  John  Burnham, 
ton,       ]  Nathan  Clark,  Esq., 
I  Maj'r  Sam']  Salford, 
l^Coi"  Moses  Robinson. 
Shafts-   j  Major  Jeremiah  Clark, 

bury,     \  Mr.  John  Burnham. 
Sunder-  ]  Lieut.  Joseph  Bradley, 
land.,     I  Col.  Timothy  Brownson. 


jir  (  Lieut.  Martin  Powell, 

,     ,"     -]  Lieut.  Gideon  Ormsbv 

Chester,  j  CoP  Wm.  Marsh.         ^ 


\  Mr.  John  Manley, 
\  Mr.  Ab'r  Underhill. 

\  Mr.  Reuben  Harmon, 
I  Mr.  Amos  Curtis. 
\  Capt.  Wm.  Fitch, 
(  Major  Roger  Rose. 

Bridport,   Mr.  Samuel  Benton. 
Addison,    David  Vallance.    , 


Dorset. 

Rupert. 
Pollet, 


(inental  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,  Sfpt.  25,  1776. 


)ii 


Stamford,  Thomas  Morgan. 
WilUston,  CoP  Thomas  Chittenden. 
Colchester,  Lieut.  Ira  Allen. 

'^ury^'  \  ^^''-  Gamaliel  Painter. 

\m^'  [  "^^'  ■  I^^"'"*"!  Bradley. 

Nesho-  )  f,     ^  rr-      ,,     T>     , 
beeAov  KaptJ^imothy  Barker, 
"      L ,   ,  i  Mr.  Thomas  Tuttle. 
Brand  n\  ) 

T>  ti      1  \  Capt.  .Joseph  Bowker, 
i?u«?a«cZ,  I  CoP  James  Mead. 

^^'"7!^- 1  Mr.  Abraham  Ives. 
ford,     ; 


Tin-      j  Capt.  IChonczi-r  Allen, 
mouth,    (  Major  Tiiomas  KIcm;. 

Danhy,   .1  C^Pt- Mieah  Vcal,[ Vail,] 

•^'    (  Mr.  \V illiam  Gage. 
Panton,      John  (Jale. 
Bromley  ) 

[or        V  Capt.  Wm.  Utley. 
Peru,']   \ 

CoP  Seth  Warner,  Present. 
Capt.  Heman  Allen,  do. 

\  Ogden  Mallery, 
\  Zacheus  Mallery. 
(  Mr.  Nehemiah  How, 
ney,      {  Mr.  Wm.  Ward. 
Castleion,  Capt.  Josei)h  Woodward. 


Wells, 
Poult- 


Members  from  East  side  of  Green  Mountains. 


Marl- 
borough. 
Guil- 
ford, 

Windsor 
Kent, 
[or 
London- 
derry,] 
Rock- 
ing ham. 


Capt.  Francis  Whitmore. 
Co)  .Benjamin  Carpentei', 


[Edward  Aiken, 

I  CoP  James  Rogers.* 


Dum-     \  Mr.  Joseph  Hildrcth, 
merston,  \  Lieut. Leonard  S])aulding 
West-     {  Mr.  Joshua  Webb. 
Major  John  Shepardson.  j   minster,  \  Nath"'  Robinson,  Esq. 

,  Mr.  Ebeuezer  Hoisiugton.  Halifax,    Col.  Benjaraiu  Carpenter. 

Wil-     -] 

r--'      '  J- By  a  letter  from  s'd  town. 

[or       [     ■^ 

Draper,]  J 

Cumber-  )  -rj        t    ^*^ 
land,     f  By  a  Letter. 


[•  Doct.  Reuben  Jones. 


'  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  b}'  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  1706,  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  connnit- 
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.  177(5 
he  was  a  delegate  in  the  Dorset  Convention,  and  seems  to  have  voted 
in  favor  of  sei)arating  from  New  York.  Afterward,  prol)ably  on  Bui-- 
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  jjroeeeded  to  business. 

1st-  Voted,  Tluit  the  records  a q,d  proceedings  of  this  Convention  held 
at  this  place,  from  the  Ki"'  of  January,  1776  to  this  time,  be  r<;ad  to  give 
light  to  those  Gentlemen  Delegates'^  from  the  East  side  of  the  Green 
Mountains  in  particular  and  the  whole  in  general. 

2'i-  Toted,  Tiiat  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.^ 

3"i-       Voted,  To  ad.journ  till  8  o'clock  to-morrow  morning  at  this  place. 

Thursday,  8  o'clock  in  the  Morning. 

Meeting  o))ened  at  time  and  place. 

4.tii.  Voted,  To  make  a  general  list  of  the  names  of  those  of  the  in- 
habitants of  the  several  Towns  on  the  N.  Hampshire  Grants  Avho  have 
signed  the  General  Association,  voted  by  tlie  last  Convention  to  be 
signed. 

5^1'-  Voted,  Tliat  no  meml)er  of  this  Convention  be  permitted  to 
speak  more  than  three  times  to  one  case  (at  one  sitting)  without  leave 
of  the  Board. 

gtii.  Voted.  That  the  Association  originally  signed  be  returned  to  the 
Clerk  of  this  Convention  at  their  next  sitting. 

7*''-  Voted,  To  take  the  foliowiTig  vote  jiassed  in  July  24th,  1776,  into 
considei'ation  (  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;"  jiassed  in  the  attlrmative— 
not  one  dissenting  vote. 

St"-  Voted,  That  Col"  Wm.  Marsh,  Dr.  Jonas  Fay,  Doct.  Reuben 
Jones,  Capt.  Ira  Allen,  Colo  Thomas  Chittenden,  Col"  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. 

Qt'i-  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  Comimct  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  troo])s  according  to  our  ability, 
for  the  defence  of  the  Liberties  of  the  United  Slates  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  Assemlily  for  a  restoration  of  the  property  of  his  father,  and  all 
that  had  not  then  been  sold  was  restored  to  him. — Thompson's  Ver- 
tnont,  part  in,  p.  103:  Eastern  Vermont,  pp.  206,  244,  250,  764,  765,  770. 

'  This  probably  refers  to  the  resolution  of  Jan.  17,  recommending  the 
inhabitants  in  tiie  New  Hampshire  Grants  to  sign  the  "  Association  "  or 
pleflge  to  defend  the  United  American  iStates,  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  orio-inal  resolution. 


Adjourned  Session  at  Dorset,  Sept.  25,  1776.  29 

A  number  of  men  to  be  elected  to  wait  on  the  Honi'ie  Continental 
Congress  witii  sueli  Petitions  as  shall  be  agreed  on  by  this  Convention. 

To  make  suital)le  provisions  that  the  wboleofthe  inhabitants  on  S'' 
N.  Hampshire  Grants  on  each  side  of  the  Green  Mountains  be  notihed 
and  have  proper  opportunity  to  join  and  coincide  witli  the  measures 
taken  and  to  be  hereaiter  taken  for  the  benellt  of  forming  iS<i  district  into 
a  separate  State. 

As  the  troublesome  and  aged  conllict   existing  between  the  State  of 
New  York  and  that  District  of  Land  commonly  called  and  known  b}-  the 
name  of  tiie  New-IIampsliire  Grants  relative  to  the  title  of  lands  on  S'' 
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  S^i  State  of  N.  York  will  not 
in  future  be  accepted  unit  her  shall  we  hold  ourselves  bound  by  them. 

■Some  measures  to  be  entered  into  for  the  better  securing  the  Tories 
in  S''  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  asseml)led  at  Dorset. 

pr.  Bex.t'a  Cakpenter,  Chairman  Committee. 

lOf'i-     Voted,  To  accept  the  above  report  of  the  Sub  Committee.' 
Ifti'-     Voted.To  adjourn  this  meeting  until  half  past  one  o'clock  in 
the  afternoon  at  this  i)Iace. 

Thursday,  Half  after  1  o'clock  in  the  afternoon. 

Meeting  opened. 

12tii-  Voted,  That  a  Covenant  or  Compact  be  made  and  subscribed  by 
the  Members  of  tlus  Convention  for  themselves  and  Constituents  for  the 
security  of  their  Common  Lilx-rties  and  Properties  in  conjunction  witli 
the  Free  and  Independent  States  of  America. 

l;^,tii.     FoiecZ,  That  Doct.  Jonas  Fay,  Col"  Moses  Robinson,  Col"  Wm. 
Marsh,  Mr.   Ebenezer  Hoisington,  Doct.  ]i('ul)en  Jones,  Col"  Thomas     ^^ 
Chittenden,  and  Doct.  Obadiah  Dunham  be  and  area  Committee  to  form 
the  said  Covenant  or  Comjjact  and  report  to  the  Convention  as  soon  as 
may  be. 

14"'-  Voted,  To  adjourn  this  meeting  until  S  oV'lo(;k  to  uioirow 
morning. 

Fkiday,  •27th  September,  177<1. 
Opened  the  meeting  at  time  and  place. 

loti'  — THE  COVENANT  OR   COMPACT. 

At  a  General  Convention  consisting  of  (ifty-six  Delegates  on  the  New- 
Hampshire  Grants,  on  the  east  and  west  side  of  the  range  of  Gi'eeu 
Mountains,  representing  thirty-six  towns  on  said  Grants,  held  at  Dorset 
the  '2o\\\  day  of  September,  1770,  by  adjournment. 

Whereas,  this  Convention  have  for  a  series  of  3-ears  had  under  their 
particular  consideration^  the  disingenuous  (;onduct  of  the  former  Colon}' 
(now  the  State  ot)   New-York  toward  the  inhabitants  of  that  District  of 

'  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,  unjnstifial)le  and  nnreasonable  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  eftectually  be  taken  to 
form  the  8*1  District  into  a  separate  and  distinct  one  from  New  York  ; 
and  whereas  it  at  present  a])pears  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  8*1  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  afoi'csaid  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  8''  district  by  the  free  voice  of  the  Friends  to  Ameri- 
can Liberties,  that  shall  not  be  repugnant  to  the  resolves  of  the  hon'j'e 
Continental  Congress  relative  to  the  General  Cause  of  America. 

IGt''-  Voted,  That  Col"  Jacob  Bailey,  Capt.  Abner  Seeley,  and  Col" 
Jacob  Kent,'  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.  Gen.  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  nominall}^  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  SessiorTat  Dorset,  Sept.  25,  1776.  31 

at  Thetford  the  13th  day  of  August  ultimo,  and  return  the  same  by  their 
delegate  or  Delegates  cliosen  or  to  be  ciiosen  hereafter,  to  meet  and  join 
this  Convention  at  their  next  sitting.' 

17'''-  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,  faithfull)' 
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  10  years  old  and  upwards,  and  tluit  for  the  future  each  person  sub- 
scribe his  own  name  or  mark  ;  and  that  tlie  Association  thus  signed  be 
returned  to  Docf  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. 

If^th.     Voted,  to  adjourn  this  meeting  on(!  hour  at  this  place. 

Friday,  2  o'clock. 

The  Meeting  opened  at  time  and  place. 

19"'-  Voted,  That  Col"  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  thc^  Association 
(form''  by  this  Convention)  signed  and  collected  [returned]  to  the  Clerk 
of  this  Convention. 

20t''-  Voted,  That  Docf  Jonas  Fay,  Doct.  Reuben  Jones  and  Col*  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  Xew 
York,  but  now  almost  to  a  man  they  are  violent  for  it.     *    *     *     *     * 
I  am,  gentlemen,  etc.,  Jacob  Bayley. 

To  the  Council  of  Safety,  Kingston. 

July  8,  1777,  Gen.  Bayley  was  appointed  a  member  of  the  Vermont 
Council  of  Safety,  and  in  March,  177S,  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  till  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  Ver^nont, 
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- 
iugton.  Probably  members  of  the  Committee  ol"  the  Dorset  Convention 
were  present  on  their  business. 


32  G-eneral  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  Metroi)olis  of  any  State,  &c. 

Persons  t3  be  appointed  for  making  the  Draught  ;  a  Committee  to  be 
appointed  for  examining  the  Di-aught,  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 
Hou''i<^  Board  at  the  Continental  Congress. 

The  above  submitted  to  the  consideration   of  the  hon'''^  Convention, 
pr.  William  Marsh,  Chairman  Conimittee. 

21st.     Voted,  That  the  above  report  of  the  Sub-Committee  be  accepted. 

22d-  Voted,  That  Doct.  Jonas  Fay  write  an  answer  to  Mr.  John 
Wheelock.i 

2.3'^-  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. 

24tii.  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. 

25tii-  Voted,  That  ATathan  Clark,  Esqr.,  Capt.  Micah  Veal,  [Vail,] 
.'^  Lieut.  Samuel  Benton,  Major  Jeremiah  Clark  and  Col.  James  Mead  be  a 
y  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  ;  S''  Goal 
to  be  built  with  Logs  and  Earth  ;  S^i  Goal  to  be  erected  a  few  rods  east 
of  the  now  dwelling-house  of  Lieut.  Martin  Powell  in  S'l  Town,  for  the 
confinement  of  Tories,  and  other  offenders  that  may  be  adjudged  to  be 
confined  :  S<i  Goal  to  be  built  of  a  double  wall  of  Logs,  not  less  than 
twelve  inches  through,  laid  eighteen  inches  distance  between  S^i  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  ])erson  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,  E'athan  Clark,  Chairman. 

^  A  few  months  later,  "Maj.  John  Wheelock"  was  in  the  service  of 
New  York,  distributing  through  eastei'n  Vermont  the  resolutions  of  Con- 
gress of  June  .30,  1777,  that  the  claim  of  Vermont  to  independence 
"could  derive  no  countenance  or  justification  from  an}-  act  or  resolu- 
tion "  of  that  bod}^ — for  example,  the  resolution  cited  by  Dr.  Young. — 
See  Eastern  Vermont,  p.  209. 


I 


Adjourned  Session  at  Dorset,  Sept.  25,  1776.  33 

26"'-      Voted,  To  accept  the  above  report. 

27ti'-  Voted.  That  Lieut.  Marthi  Powell,  Mr.  Gideon  Ormsb}-,  and 
Mr.  Thomas  Bull  be  a  Committee  to  build  a  Gaol  as  above  proposed. 

28"»-      Voted,  That  Lieut.  Martin  Powell  be  Gaol  Keeper. 

29"'-  Voted,  That  Mr.  Simeon  Hathaway,  Dr.  Jonas  Fay,  Nathan 
Clark,  Esq.,  Lieut.  Joseph  Bradley,  Lieut.  Martin  Powell,  Mr.  Cephas 
Kent,  Capt.  Joseph  Bowkcu-,  Capl.  Joseph  Woodward  and  Nehemiah 
How  be  a  committee  of  War.* 

•jQtii.  Voted,  That  the  several  Colonels.cn  the  west  side  of  the  range 
of  Green  Mountains  issue  their  orders  immediately  to  their  several 
Cn])tains  under  tliem  to  muster  their  companies,  and  to  take  the  number 
of  men  goae  in  the  service,  and  what  service,  and  how  many  at  home, 
and  their  arm'<,  accoutrements  anil  ammunition,  and  the  Colonels  to 
make  their  return  to  the  Committee  of  War,  and  the  Committee  ot  War 
to  this  Convention. 

3T^st.  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. 

.H2'*-  Voted,  That  Xathan  Clark,  Esq  ,  Doct.  Obadiah  Dunham  and 
Mr.  .Tohn  Buruam  be  a  Committee  to  atfix  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  otficers  had  previously  been  appointed  and  the  com- 
panies raised,  and  also  that  some  were  then  in  th.^  service.  This  work 
had  been  done  doubtless  by  the  Committees  of  Safety.  Warner  had  raised 
one  regiment  in  1775.  under  the  approval  of  Xew  York  ;  in  January, 
1776.  he  raised  another,  which  served  through  the  Canada  campaign; 
and  under  the  resolution  of  Congress  of  Jul}'  5,  1776,  (by  which  Warner 
was  made  Colonel  and  Samuel  Saflbrd  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.  217-22.3.  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  i-angers  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  G-eneral  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  ■}8  dollar^*. 

A  Lieutenant  Colonel  refusing  or  neglecting  to  obey  his 
commanding  officer,  25      do. 

Major,  20      do. 

Captain,  10      do. 

Lieutenant,  Adjutant,  Quarter  Master  &  Ensign,  7  do  each. 

Sergeant  and  Clark,  2  do  each. 

Corporal,  1^     do. 

Drum  and  Fife,  1|    do. 

Private,  1       do. 

If  a  soldier  drafted  in  any  particular  service  and  absconding,  shall  be 
subject  to  pay  a  fine  of  tvventy-tive  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  tine  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  *^o  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. 


FINES 

FOR   EACH 

day's  neglect. 

A  Colonel, 

£1-16-0 

s   d 

Lieut.  Colonel, 

1-10-0 

Quartermaster, 

£0-10-0 

Major, 

0-18-0 

Sergeant. 

0-8-0 

Captain, 

0-16-0 

Corporal, 

0-6-0 

Lieutenant, 

0-14-0 

Drum  and  Fife, 

0-4-0 

Adjutant  &  Ensign, 

each 

0-12-0 

Private, 

0-3-6 

By  order  of  Committee, 

N"athan  Clark,  Chairman. 

SS'i-     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  b}^  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  s"!   Committee  of  War  to  be  for  the 


*  This  seems  to  have  given  jurisdiction  over  the  whole  territory,  east 
and  west  of  the  mountains. 


I 
I 


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  tlie  Continent  as 
they  may  he  required  to.  And  in  case  any  person  legally  notified  jusily 
belonging  to  any  or  either  the  Companies  of  the  Militia  on  s''  Dis- 
trict shall  refuse  on  such  notifications  to  attend  and  perform  the  duly 
enjoined  on  him  or  them  by  the  officers  of  the  Regiment  to  which  he  or 
they  do  or  may  belong,  that  they  he  lined  unless  sutttcieut  excuse  be 
rendered  to  the  Committee  of  War. 

.■Jot'»-  Voted,  That  Doct.  Reuben  Jones  and  Lieut.  Leonard  Spauld- 
ing  wait  and  take  the  proceedings  of  this  Convention  and  deliver  to 
their  Constituents. 

.3(itii-     Voted,  That  Doct.  Jonas  Fay,  Capt.  Samuel  Wr^ht,  Major  Jer- 
emiah Clark,  Col"    Timothy  Brownson,  Colo  William  M^rsh,  Capt.  J^- 
seph  Bowker,  Colo  Thomas  Chittenden,  Capt.  Ileman  Allen,  Capt.  Will-         /^ 
iam  Fitch,  Capt.  Micah  Veal,  [Vail,]  Lieut.  Samuel  Benton,  and  Capt.  \ 

Ira  Allen,  be  a  Ci^mmittee  to  attend  this  Convention  at  its  next  sitting.' 
And  it  is  recommended  for  each  Town  to  send  one  more  Delegate. 

37t"-  Voted,  That  Doct.  Jonas  Fay,  Colo  William  Marshland  Doct. 
Reuben  Jcjues  be  a  Committee. to  draw  a  Petition  to  send  to  the  Hon'''e 
Continental  Congress  ;  and  report  to  a  Committee  to  be  appointed  to 
examine  tlie  same. 

38t"-  Voted,  That  ]Srathan  Clark,  Esq.,  Col.  Seth  Warner,  Captain 
Heman  Allen  be  a  Committee  to  examine  the  aforesaid  Petition. 

39tii.     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. 

40'''-  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. 

•il^t-  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. 

42'i-  Voted,  That  Doct.  Jonas  Fay,  Col"  Thomas  Chittenden,  in  con- 
junction with  two  more  to  be  apjiointed,  be  a  Committee  for  that  pur- 
pose. 

43d-  Voted,  That  Colo  Seth  Warner,  Capt.  Heman  Allen,  Capt.  Gid- 
eon Brownson,  Mr.  Ebenezer  Iloisington,  Capt.  Abner  Seeley,  and 
Doct.  Jonas  Fay  be  a  Committee  to  prepare  a  Citation  to  send  to  the 
State  of  !N^ew-York  to  know  if  they  have  any  objection  against  our 
being  a  Separate  State  from  them  :  and  make  repoit  aS  soon  as  may  be." 

44tii.  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  tiiey 
meet  with  opposition  to  make  application  to  the  Committees  of  Safety 
of  the  neighboring  Towns  for  assistance. 

^  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  connnittee 
at  the  next  session,  the  body  of  delegates  elected  was  styled  "  the 
House." 

"  See  similar  vote  of  Oct.  30,  1770, 


/d 


36  General  Conventions. 

45tii,  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  tlie  authority  of  tlie  Committees  of  Safety. 

4(3tii.  Voted,  Co^'  Benj'^  Carpenter  of  Guilford  do  notify  Guilford, 
Hinsdale  and  Halifax.  C'apt.  Francis  Whit  more  of  Marlliorough  notify 
Draper,  Cumberland,  Marlborough  and  Brattleborough.  Lieut.  Leonai'd 
Spaulding  of  Dummerston  and  Capt.  Samuel  Fletcher  notify  Towns- 
hend.  Putney.  Xevv-Fane  and  Dummerston.  Mr.  Ebenezer  Hoisington 
of  Windsor  notify  Windsor.  Hertford,  Woodstock.  Hartti.rd  and  Tomfret. 
Nathi  Robinson,  Esc[.,  of  Westminster,  notify  Westminster  and  Weath- 
ersficld.  Doct.  Reuben  Jones  of  Rockingham  notify  Rockingham  and 
Springfield.     Mr.  Edward  Aiken  of  Kent  notify  Kent  and  Chester.' 

•47tii.  Voted  to  adjourn  this  Convention  to  Wednesday,  the  30"'  Ocf 
next,  to  be  held  at  the  Court  house  in  Westminster,  at  10  o'clock  in  the 
forenoon. 

Joseph  Bowker,  Chairman. 

Attest  Jonas  Fay,  Clerk. 

A  true  copy  from  the  original. 


ADJOURNED  SESSION  AT  WESTMINSTER, 
OCTOBER  30,  1776. 

[Prom  the  manuscript  copy  of  tlie  Hon.  James  H.  Puelps,    publislied  in  Vt.  Hist.  Soc.  Col- 
lections, Vol.  I.] 

NEW  HAMPSHIRE  GRANTS.  >        Convention 

Westminster  Court  House,  October  '60th,  1776.     \  opened  accord- 
ing to  adjournment. 

presen^t  the  following  members. 

^To?^'  \  ^^"^^"  ^^""''^^  ^"^i-  1  ^""ham!^'  }  ^"^tT.  Reuben  Jones. 

Dmyi-    5  Lieut.  Leonard  Spalding, 
merston,  (  Mr.  Joseph  Hildreth. 

West-    ]  Mr.  Joshua  Webb, 
minster,  (  Nath'l  Robinson,  Esq. 
Bromley  ) 

[or  '    ;-  Cai)t.  William  Utley. 

Peru.]    ) 

Towns-  ^  ,^     .    r,       ,1  t.,  .   , 
hend.     ;<-apt.  SamlHetcher. 

Putney.       Dennis  Lockland. 
Chester.      Col"  Thomas  Chandler. 


Man-     )  (^qJ^_  ^^j^^_  Marsh. 
Chester,   \ 

Pollet,         Capt.  Wm.  Fitch. 
Rutland,     Capt.  Joseph  Bowker. 
Colchester,  Ci\])i.  Ira  Allen. 

J^J^o^r^-    \  Capt.  Francis  Whitmore. 
borough,  )       ' 

Windsor,  Mr.  Ebenezer  Hoisington. 

Kent.    ~\ 

r  ^^^       [Ur.  Edward  Aiken. 
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  Weslminster,  Oct.  30,  1776.  37 

1st-      Voted  Capt.  Ira  Allen,  Clerk. 

2'^-  Voted,  That  Nathaniel  Kobinson,  Esq..  Mr.  Solomon  Pliel])s,  and 
Col"  William  Marsh  be  a  Committee  to  go  to  the  Clerk  of  the  Count}- 
Coinmittee  of  Safety  for  this  county  and  gvl  the  records  of  s'l  Commit- 
tee concerniui;  sending;  Delegates  to  the  Convention  of  the  State  of 
New  York. 

S'l-  Voted,  That  Mr.  Ebeiiezer  Iloisington,  Mr.  Joshua  Webb,  Capt.  Ira 
Allen,  Capt.  William  Fitch  and  Doct.  Heuben  .Jones  be  a  Committee  to 
draw  apian  tor  further  proceedings  of  this  Convention  :  and  make  a  re- 
port as  soon  as  may  be. 

4t''-  Voted,  To  adjourn  this  Convention  till  S  o'clock  to  morrow  morn- 
ing, to  be  held  at  this  jilace. 

Thursday  Morxing,  8  o'clock. 
Meeting  opened  according  to  adjournment. 
5tii.     Voted^  To  adjourn  this  meeting  one  hour  at  this  place. 

Meeting  opened  according  to  adjournment. 

Htii.  Voted,  That  Doct'"  Reuben  .Tones  and  Col"  William  Marsh  be  a 
Committee  to  invite  Capt.  Clay  and  Docf  Day  to  sit  with  this  Conven- 
tion as  spectators.  ' 

7*'^-  Voted,  To  adjourn  this  Convention  till  8  o'clock  to  morrow  morn- 
ing, at  this  place. 

Friday  Mornixg,  8  o'clock. 

Meeting  opened  according  to  adjournment. 

REPORT  OF  THE  COMMITTEE  OF  PROCEEDINGS. 

It  is  the  ojiinion  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  Convention  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,  therefoi-e.  to  proceed  to  complete  the  Petition  to  the 
Ilon^ie  the  Grand  Council  of  the  United  States  of  America,  or  to  till  up 
the  Connnittee  for  the  i)urpose  of  delivering  S'l   Petition. 

That  an  answer  be  made  to  a  Pamplilet  dated  the  2d  Octobei-,  1770, 
and  sent  from  the  Hon''''"  the  Provincial  Congi-ess  of  the  State  of  New- 
York  to  the  County  of  Cumberland,  and  with  S''  answer  a  Panipldet  set- 
ting forth  the  advantages  that  would  arise  to  the  people  at  large  on  the 
district  of  the  New-IIami)shire  Grants,  by  forming  into  a  sei)arate  State, 
be  wrote,  printed  and  communicated  to  the  inhabitants  as  soon  as  maj'^ 
be.^ 


'Capt.  James  Clay  was  chairman,  and  Doct.  Elkanah  Day  a  member  of 
the  Cumberland  County  Committee  of  Safety. 

^Referring  to  the  destruction  V)y  th<»  liritish  of  the  American  naval 
force  on  Lake  Champlain,  and  the  tiu-n  expected  attack  on  Ticonderoga 
by  Gen.  Carleton.  IIilaxd  Hall  suggests  that  the  alarm  prevailing 
on  account  of  that  invasion  prevented  this  Convention  from  declaring  a 
separation  from  New  York. — Vt.HisU  Soc.  Collections,  vol.  i.  p.  34. 

'See  Appendix  B, 


38  Creneral  Conventions. 

That  a  Manifesto  be  put  in  the  public  newspapers  setting  forlh  the 
reasons,  in  easy  terms,  why  we  choose  not  to  connect  with  New-York.  '■ 
The  aforesaid  report  is  humbly  ])resented  to  the  House  by 
Order  of  the  Committee. 

Wm.  Fitch,  Chairman. 

gtii.     Voted,  To  accept  the  above  report. 

9ti'-    Voted,  That  a  petition  be  drawn  to  send  to  the  Hon'5'«  Provincial 
Congress  of  the  State  of  Nevv-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 Pheliis  be  a  Committee  to  make  the  above  writings.  ^ 

lit!'-  Voted,  That  Major  Abijah  Lovejoy.  Col"  Wm^  Marsh,  Ca])t.  Ira 
Allen,  Col"  Jacob  Bailey,  Mr.  Solomon  "Phelps,  Major  Joseph  Tyler, 
Col"  Benjamin  Carpenter,  Mr.  Benjamin  Emmons.  Mr.  Elijah  Olcott, 
Doct.  Reuben  Jones,  and  Mr.  Daniel  Jewettbe  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. 

12111.  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. 

i;-5">-  Voted,  That  Doct.  Jonas  Fay  be  added  to  the  Committee  to  make 
the  above  Petition. 

14"i-  Voted,  That  Solomon  Phelps  write  a  letter  to  Col"  Jacob  Bailey, 
desiring  him  to  assist  the  above  Committee. 

loth.  "  Voted,  To  adjourn  this  Convention  to  the  third  Wednesday  of 
January  next  at  10  o'clock  in  the  Morning,  to  be  held  at  this  ]ilace. 

Joseph  Bowker,  Chairman. 

Attest,  Ira  Allex,  Clerk. 

A  true  copy  from  the  original. 


ADJOURNED  SESSION  AT  WESTMINSTER, 
JANUARY  15,  1777. 

[The  followinfr  loiirnal,  wliioh  ends  with  the  words  "11th.  Voted.  N.  0.  D.,  to  accept  the  above  re- 
port," is  tVmiid  hi  S/a<le\^  State  Papers,  page  68  to  70.  Tlie  residue  ofllie  journal  is  from 
the  ni:iiMi<crii>t  of  tlie  Hon.  James  H.  Puelps,  as  published  in  Verinout  Historical  Society 
Collections,  Vol.  I.] 

N.  HAMPSHIRE  GRANTS,  )    Convention  opened 

Westminster  Court  House.  January  15th  ,1777. 1  according  to  adjourn- 
ment.    Present  the  following  Members  : 

Capt.  Joseph  Bow^ker  in  the  Chair. 
1^*-     Voted,  Doct.  Reuben  Jones,  Clerk,  P.  Tempore. 

'  See  Appendix  C. 

*This  petition  to  New  York,  if  prepared,  seems   never  to  have   been 
sent.     See  similar  vote  of  Sept.  25,  1776— the  43(1  vote. 


Adjourned  Session  at  Westminster^  Jan.  lo,  1777.  89 

„       .        (Xathan  Clark.  Esq..         1  Toxons-   S  r<     ^  ^      i   -ci  .  i 
Benmng-     ^,_  ^^^  _^„,^,^  Hurnliini.  hend,     \  ^'''^''-  ^='™'-  Fletcher. 

^'"''       (  Mr.  Natlian  Clark,  Jim.  '\Chester,      Col.  Thomas  Chandler. 

Man 
'  Chester 

Castleton,  Capt  John  Hall. 
Willistoa,  Col.  Thomas  Chittenden 


St-     <    at     4^-     td        11        iRockinq-  (  Dr.  Reuben  Jones, 
-^  Lieut.  Martni  Powell.       •    ,        •    ■<  t  •     <^   -\,t         iir  •   w 
,    I  ham.      I  Lieut.  Moses  NVrifjht. 


T^mcZsor,    Mr.  Eben.  Hosington.' 
tiartford,   Mr.  Stephen  Tildcn. 


(7ofc/ies(er,  Cai)t.  Ira  Allen.  Wood-    (  ■.,     r,     •„„•     t? 

'      '  ^  i    „,„^7.      -  Mr.  Beniamin  Emmons. 

P  ,,      ,  <  Capt.  Joseph  Bowker,       I    stock,     { 

Kuuana,  -^  ^.^^^  Heman  Allen.  \]:{orwich  \  ^^^^-  Thomas  Morcdock. 

i)wmmerston,Lt.  Leonard  SpauldingJ  1  Mr.  Jacob  Burt<)n. 

Putney,       Lt.  Dennis  Lockland.       \Pomfret  ^  ^^'  !»lefl^«i"ft'«ms»ifl  town 
.     West-     f  N'athanl  Robinson.  Esq.,  "^      '  <     vi.ting  for  a  new  state. 

minster,  ]  Mr.  Joshua  Webb.  \Barnard.    By  ditto  and  ditto. 

Royalton.    By  ditto  and  ditto. 

2'i-  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  Powiial 
took  their  seats. 

;5''-  Voted,  That  Dr.  Reulien  Jones  be  an  assistant  clerk  to  Capt  Ira 
Allen,  he  at  this  time  being  present. 

4^1'-  Voted,  That  Lieut.  Leonard  Spaulding,  Mr.  Ebenezer  Hosington  ' 
and  Major  Thomas  Moredoek  be  a  committee  to  examine  into  the  num- 
bers that  have  voted  for  the  district  of  the  ]S"ew  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. 

''  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. 

By  order  of  the  convention, 

Ebenezer  Hosington,^  Chairman.''' 

5th.     Voted,  To  adjourn  this  convention  one  hour,  at  this  place. 

Convention  o))ened  at  time  and  place. 

i)t''-  Voted,  jS^.  C -D.,  That  the  district  of  land  commonly  called  and 
known  by  the  name  of  Xew-IIampshire  Grants,  be  a  new  and  separate 
state  ;  and  for  the  future  conduct  themselves  as  such. 

7t''-  Voted.  That  Nathan  Clark,  Esq.,  Mr.  Ebenezer  Hosington,  Capt. 
John  Burnham,  Mr.  Jacoli  Burton,  and  Col.  Thomas  Chittenden,  be  a 
committee  to  pre[)are  a  draught  for  a  declaration,  for  a  new  and  sepa- 
rate state  ;  and  report  to  this  convention  as  soon  as  mav  be. 

fit''-  Voted,  That  Capt.  Ira  Allen,  Col.  Thomas  Chandler,  Doctor  Reu- 
ben Jones,  Mr.  Stephen  Tilden,  and  Mr.  Nathan  Clark,  jun.,  be  a  com- 


'  This  name  is  given  as  in  the  copy.  The  true  name  is  Hoismr/ton,  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 

9t'>-  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  Xevv  Hampshire  Grants,  have,  to  form  them- 
.selves  into  a  state  or  inde])endent  go^'ernment,  do  make  the  following  re- 
port to  the  honorable  convention  convened  at  Westminster,  January 
15ti.  A.   D,  1777,  viz. 

To  the  hon''^^  convention  of  representatives  from  the  several  towns  on  the 

vjest  and  east  side  of  the  range  of  Green  Mountains^  icithin  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. 

2'i-  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- 
mittse  are  of  opinion  that  the  foregoing  has,  for  many  years  ]5ast,  been 
the  conduct  of  the  monopolizing  land  traders  of  the  colony  of  NewYork; 
and  that  they  have  'r'm  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  Congi'ess  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  affaii's  hath  been  hitherto 
established,  to  adopt  such  government,  as  shall,  in  the.o{)inion  of  the  rep- 
resentatives of  the  people,  best  conduce  to  the  happiness  and  safety  of 
their  constituents  in  particular,  and  America  in  general,"  ' — Your  com- 

*  John  Adams  originated  this  resolution  for  the  purpose  of  suppress- 
ing governments  under  the  crown  in  the  then  United  Colonies.  It  was 
a  pi'actical  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,  ]776  : 

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  ])rotection  of  the  crown  ; 
and  whereas,  no  answer,  whatever,  to  the  humble  ))etitions  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.  1"),  1777.  41 

mirtee,  haviiii;  duly  delilx-rati'd  on  tlio  ooutimit'd  coiiducl  of  llic  aiillior- 
it}-  of  Xew  York,  before  recited,  and  on  tlie  ('(luitalileiiess  on  wliieli  llie 
aforesaid  resolution  of  C"ongri'ss  was  tounded.  and  eonsidt-rintj:  that  a 
just  ritjht  exists  in  this  peo])le  to  adopt  measures  for  their  own  security, 
not  only  to  enable  them  to  secure  their  rights  against  the  usurpations  of 
Great-Briiain,  hut  also  against  that  ol  New  York,  and  the  several  other 
governments  claiming  Jurisdiction  of  this  territory,  do  otfer  the  follow- 
ing declaration,  viz.: 

This  Conventi(m,  whose  members  are  duly  chosen  by  the  free  voice  of 
their  constituents  in  the  sevei'al  towns,  on  the  Xew-Ti;impsliire  (trants, 
in  public  meeting  assembled,  in  our  own  names,  and  in  behalf  of  our 
constituents,  do  hereby  proclaim  and  pulilicly  declaie  that  the  district  of 
territory  comprehending  and  usually  known  by  the  name  and  descriji- 
tion  of  the  Xew  Ilamijsliire  Grants,  of  right  ouglit  to  l)e,  and  is  hereby 
declared  forever  hereatter  to  be  considered  as  a  sepai'ate,  free  and  inde- 
])endent  jurisdiction  or  state:  by  the  name,  and  forever  hereafter  to  be 
called,  known  and  distinguished  by  the  name  of  New  Conn'Ei'TIC:ut  ; 
[         '         ]  and  that  the  inhabitants  that  at  present  are,  or  that  liereafter 


oncilable  to  reason  and  good  conscience,  for  the  people  of  these  colonies 
now  to  take  the  oaths  and  atRrmations  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  intjcrnal 
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  ordei'ed  to  be  published — doubtless  of  the 
date  of  May  15,  1770,  as  in  the  text. — Bancroft's  History  of  the  U.  S., 
vol.  VIII,  p.  .367;  Journals  of  Congress.,  [1776,]  vol.  ii,  pp.  1.5S.  166. 

*  Here,  in  the  copy  in  Slacle'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  convi-ntion  of  the  4th  of  .June 
following,  when  the  name  was  changed  to  Vermont. — I.  Allen's  Ver- 
mont, in  Vt.  Hist.  Sac.  Coll.,  vol.  i,  p.  .37.5;  Early  History,  pp.  231),  4!t7  ; 
Vt.  Hist.  Sac.  Coll.,  vol.  ll,  pp.  xix — xxii. 

In  the  page  of  I.  Allex's  history  cited.  Col.  Allen  professed  to  (luote 
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 'Ms  twice  named 
without  an  alias;  that  in  the  su|)plementary  declaration  of  June  4,  1777, 
published  in  the  Connecticut  Courant  of  June  30,  the  langua|j:e  used  ut- 
terly precludes  the  idea  of  an  alias,  inasmuch  as  the  first  section  of  the 


42  General  Conventions. 

may  becomo  resident,  cither  by  procreation  or  emigration,  within  said 
territory,  shall  be  entitled  to  the  same  privile,t!;es,  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  (bird  section  explains  the  reason  of 
the  change  of  the  name;  and  the  resolution  pendent  declai'cs  "  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  bis  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  Co\irant  of  March  17, 1777. 
This  declaration  concluded  in  these  words:  ''The  said  state  hereafter  to 
be  called  I)y  the  name  of  New  Connecticut."  Second,  that  Ii:a 
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  Veu- 
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  i,  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.  IT),  1777.  43 

are,  ;ind  forever  shall  be  considered,  to  he  sueli  ])rivile>,'es  and  iinnunii- 
ties  to  the  free  citizens  and  denizens  as  are,  or,  a1  any  time  hereafter. 
ma}'^  he  alloAved  to  any  such  inhabitaut.s  of  any  of  the  free  and  indepen- 

Feh'--  1777. 

At  a  Town  Meeting:  Regularly  warned  and  held  in  Chester  (hy  the 
Desire  of  one  Nathan  Clark  Esq""  Chairman  of  a  Convention  held  at 
Dorset  30th  of  January  1777  as  ])■"  said  Desire  on  tile  may  appear)  on 
the  Tenth  Day  of  February  1777'  Mi- William  Atwood  chosen  Modi'ralor 
and  a  Funeral  i)rcvented  a  full  Meeting,  the  Inhabitants  present  thouglit 
proper  to  adjourn  y^  meeting  to  y''  Next  Day  being  rel)''y  ll'ii  one 
O  Clock  in  yp  Afternoon,  the  meeting  was  accordingly  adjoui'ned  to  meet 
at  y  Dwelling  house  of  Mr  Jonathan  Tarbel  Meet  according  to  ad- 
iournment,  but  the  inhabitants  that  went  to  y''  Funeral  not  knowing 
when  y*^  meeting  was  to.  it  was  Voted  that  y-'  meeting  be  adjourned  to 
the  Thirteenth  of  said  February  and  to  meet  at  said  jilace  at  One  of  y<-" 
Ch)ck  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  pi-(!sent  Tho«  Chand- 
ler Esq"'  was  chosen  Moderator  in  his  Room  it  being  a  full  meetinjr  and 
after  a  long  Debate,  Voted  to  Send  One  Delegate  as  Desired,  the  Votes 
being  given  in  &  Sorted  Lieu*  Jabez  Sargeant  was  chosen  by  a  great 
maj(jrity  Voted  that  said  Sargeant  act  at  said  Convention  Discretionery 
for"  the'good  of  the  state  of  Nkw  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,  Thqs  Chandlkr  Clerk. 

The  foregoing  is  a  true  co])y  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,  Norman  A.  Smith,  Town  Clerk. 

Chester,  Dec.  10,  '72. 

Gen.  Jacob  Bayley  to  the  New  York  Council  of  Safety. 

In  a  letter  dated  Newbury,  Feby.  19,  1777,  Gen.  Bayley  si)oke  of  the 
proposed  state  of  "  New  Connecticut."— CaZe»dar  of  N.  Y.  Revolu- 
tionary Ilanuscripts,  vol.  2,  p.  150. 

Extract  from  a  Statement  of  Facts  drawn  up  by  Chakles  Phelps  of 

Marlboro'. 

'■That  on  or  about  the  15  day  of  January  1777,  a  number  of  people 
from  sundry  parts  of  said  New  Hamjjshire  Grants,  calling  themselves 
New  Staters,  or  people  in  favor  of  a  new  Slate,  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  Ne"\v  Connecticut. 

That  all  those  who  so  met  at  Westminster  aloresaid,  and  all  the  peo]ile 
whom  they  pretended  to  re])resent,  as  well  as  all  those  who,  by  the  ad- 
vice of  Docl.  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  Vekjiont — i.  e.,  the  people  of  the  Green  Mountains — did 
not  amount  to   one-hundredth   part   of  the   inhabitants  of  New   York 

^  This  "Convention"  was  probably  a  meeting  of  a  committee. 


44  Creneral  Conventinns. 

dent  states  of  America  ;  And  that  such  privileges  and  immunities  shall 
be  regulated  in  a  bill  of  rights,  and  b}'  a  form  of  government,  to  be  es- 
tablished at  the  next  adjourned  session  of  this  convention. 

10"'-      Voted,  iV.  C.  !>.,  to  accei)t  the  al)0ve  declaration. 

"  To  the  honorable  the  chairman  and  gentlemen  of  the  convention :  your  com- 
mittee afppointed  to  take  into  consideration  what  is  further  necessary  to  he 
transacted  at  the  present  convention,  bey  leave  to  rexiort,  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  Chakles  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  Pkiladelphia.,  8  July, 

xin. 

[  Supposing  the  Council  might  not  wish  the  decision  of  Congress  in  re- 
gard to  "their  revolted  sulnects  published  just  at  that  time  " — i.  e.  the 
resolutions  of  June  30,  1777, — they  write  • 

"  From  these  considerations,  we  shall  refrain  from  comnmnicating  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  Courani  of  30th  June,  1777,  and 
adds,] 

"  It  contains  a  new  and  extraordinar}'  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  ])robably  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,  "  tlie  words 
alias  Vermont  were  added  by  way  of  exi)lanation  that  ^N'ew  Connecticut 
had  become  Vermont,  and  without  the  expectation  that  the  ad(k'd  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, 177(),  the  Dorset 
Convention  adopted  a  resolution  in  respect  to  the  Association  for  na- 
tional defense,  (anie,  p.  23,)  which  was  amended  at  the  next  session, 
Sept.  25, 1776,  (anie,  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  l)e  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  Greneral  Conventions. 

be  filled  up  that  are  already  api)ointed,  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. 
By  order  of  the  Committee, 

Thomas  Chandler,  Chairman^ 

llHi.      Voted^  N.  C  X>.,  to  accept  the  above  report. 

12th.  Voted,  That  the  Declaration  of  J^ew  Connecticut  be  inserted 
in  the  News  Pajjers. 

13ti'-  Voted,  That  Captain  Heman  Allen,  Colo  Thomns  Chandler,  and 
Nathan  Clark,  Esq.,  be  a  Committee  to  prepare  the  Declaration  for  the 
Press  as  soon  as  may  be. 

14"'-  Voted,  That  Doct.  Jonas  Fay,  Col"  Thomas  Chittenden.  Doct. 
Reuben  Jones,  Col«  Jacob  Bailey,  and  Capt.  Heman  Allen  be  the  Dele- 
gates to  carry»the  remonstrance  and  Petition  to  the  Hon'Ji«  Continental 
Congress  and  further  to  negociate  Business  in  behalf  of  New  Connecti- 
cut. 

[15"i.  There  is  no  flfteenth  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.] 

16t'>.  Voted,  That  Major  Thomas  Chandler,  Mr.  Stephen  Tilden,  Mr. 
Ebenezer  Hoisington,  Mr.  Joshua  Webb,  Lieut.  Dennis  Lockland,  Mr. 
Jotham  Biglow,  Col"  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  Ver3IONT„  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  previovisly  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  acce2"»ted  and  excused 
as  a  just  vindication  from  a  malicious  sarcasm  on  "  Yermont  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  coujuuclioii  with  tlie  Ci)mmit- 
tee  of  War  ah-eady  chosen.  ^ 

17tii.  Voted,  Tiiat  it  is  reconuncnded  to  each  town  in  Cumherhmd  and 
Gloucester  Counties  to  choose  new  Committees  of  Safely  where  Ihe 
Towns  are  disalfected  with  the  [existing]  Connnittees  ;  and  in  other 
Towns  to  let  the  Committees  stand  tor  the  time  Jieing.- 

181''-  To^eci  That  Capt.  H(>man  Allen,  Doct.  Jonas  Pay,  Mr.  Joshua 
Webb,  and  Major  Tliomas  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  accoi*ding  to  the  report  of 
the  Committee  of  Proceedings. 

19tii.  Voted,  That  Mr.  Ebenezer  Iloisington,  Mr.  Benj»  Emmonds, 
Lieut.  Leonard  Spaulding,  and  Mr.  Stephen  Tilden  be  a  Committee  to 
draw  a  letter  foi'bidding  tlie  Delegates  from  Cumberland  County  sitting 
in  the  Hon'''''  Provincial  Congress  ot  the  State  of  ISTew  York. 

20"'-  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  liave  not  chose  any  to  choose  and 
send. 

LETTER  AS  PER  NINETEENTH  VOTE. 

Westminster,  17*''  Jany-  1777. 

Gentlemen  : — The  General  Convention  consisting  of  Delegates  from 
the  several  Counties  and  Towns  through  the  tract  of  Land  known  Ity  the 
name  of  the  New  Hampshire  Grants  have  met  according  to  adjournment 
at  Westminster  the  IG"'-  inst.,  and  have  resolved  and  declared  the  al)()ve 
Disti-ict  of  Land  shall  hereafter  be  a  distinct  Slate  or  Govei-imient,  and 
the  Iidiabitants  thereof  have  full  authority  to  make  such  laws  as  tliey 
shall  from  time  to  time  think  lit. 

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  Cviraberland  ;  as  you  were  not  chosen  by  a  Majority  oft  he 
people  at  large. 

Gentlemen  I  am  your  most  obedient 

Hum''''^  Servant, 
Ebenezem  Hoisingtox,  Chairman  Sub- Committee. 
Messrs.  John  Sessions  and  Simon  Stephens.^ 

By  oi-der  of  Convention, 

Joseph  Bowker,  Chairman, 

'Referring  to  the  Board  of  War  appointed  Sept.  27,  1776. 

=  Meaning  doubtless  Committees  of  Safety  apjiointed  under  the  advice 
ot  the  Committee  of  Safety  of  New  York. 

'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. 

22'^-  Voted,  To  adjourn  this  Convention  to  the  lirst  Wednesday  of  June 
next  to  be  held  at  tl'ie  Meetiug-House  in  Windsor  at  nine  o'clock  in  the 
forenoon. 

By  order  of  Convention, 

Joseph  Bowker,  Chairman. 
Attest,  Ira  Allen,  Clerk. 
A  true  copy  from  the  original. 

THE  DECLARATION  AND  PETITION  TO  CONGRESS. 

The  following  declaration  and  jjetition,  in  accordance  with  the  resolu- 
tions of  tlie  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 
sc^uare,  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  resjiectable  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  178:]  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  Uniled  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  Assembl}'  in 
1787.  An  anecdote  recorded  in  GraJumi'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  arme'J  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, 
saving — '"  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  becan  their  seitlenients,  a  i)arty  of 
laud-jobbers,  in  the  city  and  state  of  New  York,  began  to  claim  the 
lands,  and  took  measux'es  to  have  them  declared  to  be  within  that  juris- 
diction : 

That  on  the  20"^  day  of  July,  17G4.  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  Golden,  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  describee^  limits,  to 
certain  persons  living  in  the  state  of  New  York,  which  were,  at  tliat 
time,  in  the  actual  possession  of  your  jietitioners  ;  and  under  color  of 
the  lawful  authorit\-  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  sutlered  from  said  post  claim- 
ants, under  New- York.  And  on  the  24*'^  day  of  July,  1707,  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  outlawrj^  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  c  ainties  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  asseml)led,  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  posterit}-. 

It  appears  to  your  petitioners,  that  an  infringement  on  their  rights  is 
still  meditated  by  the  state  of  New-York  ;  as  we  find  tluit  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- 

6 


50  Greneral  Conventions. 

Britain  within  this  state,  are  now  due  and  owinc;  to  this  convention,  or 
sucli  tuture  government  as  may  hereafter  he  estahlished  in  this  stale." 

By  a  suhmission  to  the  claims  of  Xew-York  your  petitioners  would  he 
suhjected  to  the  payment  of  two  shillings  and  sixpence  sterling  on  every 
hundred  acres  annually  ;  which,  compared  with  the  quit-rents  of  Living- 
ston's, Phillips's,  and  liansalear's  manors,  and  many  other  enormous  tracts 
in  the  hest  situations  in  the  state,  would  lay  the  most  disproportionate 
share  of  the  puhlic  expense  on  your  petitioners,  in  all  respects  the  least 
able  to  hear  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  yourjietitioners,  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,  descrilied  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  the}'  wouli,  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  oftbe  freedom  and  independence  of  said  district  or  separate 
state,  the  said  delegates  did  jointly  and  severally  jiledge  themselves  to 
each  other,  by  all  the  ties  that  are  held  sacred  among  men,  and  resolve 
and  declare  that  they  were  at  all  times  read}',  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  l)ody  of  the  settlers  on  the  described  premi- 
ses, in  whose  name  and  behall,  we  humbly  pray,  that  the  said  declaration 
may  be  received,  and  the  district  described  therein  be  ranked  ])y  youi- 
honors,  among  the  free  and  American  states,  and  delegates  therefrom 
admitted  to  seats  in  the  grand  Continental  Congress  ;  and  j^our  j)etition- 
ers  as  in  duty  bound  shall  ever  pray. 

New  Hampshire  Grants,  Westminster,  Jan.  loth,  1777. 

f  JoxAS  Fay, 
Signed  by  order,  and  in  be-  J   Thomas  Chittenden, 
half  of  said  inhabitants,       j    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  pur])Ose  in  obedience  to  the 
12th  and  13th  votes  of  the  January  Convention.  It  was  published  in  the 
Co7inecticut  Courant  of  March  17^  1777,  and  was  not  satisfactory  to  the 


Adjourned  Session  at  Westminster,  Jan.  lo,  1777.  51 

subsequent  conveution  of  the  4tl>  of  June,  for  the  reason  that  it  omitted 
to  state  the  eauses  for  tlie  separation  from  Xew  York,  as  will  be  seen  by 
the  proceedings  of  that  body. 

Ver3Iont's  Declaration  of  Independence. 

In  Convention  of  the  rei)resentatives  from  the  several  counties  and 
towns  of  the  New  Hampshire  Grants,  holden  at  Westminster,  January  15, 
1777.  by  adjournment. 

Whereas  the  Honoral)le  tlie  Continental  Con!j;ress  did.  on  the  -l^''  day 
of  July  last,  declare  the  United  Colonies  in  America  to  be  free  and  inde- 
j)endent  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  Ameri(^a,  consequently  the  juris- 
diction by  said  crown  o:i-an1ed  to  New  York  p;overnment  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  tridy  said  to  be  in  a  state  of  nature  ; 
consequently  a  riijht  remains  to  the  people  of  said  Grants  to  form  a  gov- 
ernment best  suited  to  secure  their  ]iroperty,  well  being  and  hapi)ineRS. 
^Ye  the  delegates  from  the  several  counties  and  towns  on  said  tract  of 
land,  bounded  as  follows  :  South  on  the  North  lineof  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  Avill,  at  all  times  hereafter,  consider  ourselves  as  a  free  and 
inde])endent  state,  capable  of  regulating  our  internal  police,  in  all  and 
every  respect  whatsoevei- — and  that  the  people  on  said  Grants  haA'e  the 
sole  and  exclusive  and  inherent  right  of  ruling  and  governing  them- 
selves in  such  manner  and  form  as  in  their  own  wisdom  they  sha'l  think 
projier,  not  inconsistent  or  repugnant  to  any  resolve  of  the  Honoral)le 
Continental  Congress. 

"  Furthermore,  we  declare  l)y  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,  aiid  in  endeavoring  as  much  as  in  us  lies,  to  sup- 
))ress  all  unlawful  routs  and  disturbances  whatever.  Also  we  will  en- 
deavoi-  t(»  secure  to  every  individual  his  life,  peace  and  pro])erty  against 
all  unlawful  invaders  of  the  same. 

"Lastly  we  hereby  declare,  that  we  are  at  all  times  ready,  in  conjunc- 
tion with  our  ])rethren  in  the  United  States  of  America,  to  do  our  full 
l)roportion  in  maintaining  and  supporting  the  just  war  against  the  tyran- 
nical invasions  of  the  ministei-ial  fleets  and  armies,  as  well  as  any  other 
foreign  enemies,  sent  with  exjn-ess  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  Neav  Connec- 
ticut." ' 

Extract  from  the  minutes.  Ira  Allen,  ClerkJ 

^  See  note  and  references,  anfe,  ]).  41-46. 
=  B.  H.  Hall,  in  Eastern  Vermont,  p.  283,  note,  says  : 
The  Convention,  after  sitting  from  the  ir)th  to  the  •22d  of  Jamiary,  ad- 
journed to  meet  at  Windsor  on  the  first  Wednesday  in  June  following. 
There  appears,  however,  to  have  been  a  meeting  intermediate.     A  call 
was  issued  on  the  30tb  of  January  by  Nathan  Clark,  for  a  Convention  at 


52  General  Conventions. 


ADJOURNED    SESSION    AT   WINDSOR, 


JUNE  4,  1777. 


[From  Vt.  Hist.  Soc.  Collections,  Vol.  1.] 


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- 
iournment  from  the  convention  of  the  preceding  15th  of  January.  Only 
the  following  accounts  of  its  proceedings  (numbered  one  to  live)  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  'ke.w  Hampshire  Grants  holden  at  "Westminster,  IS'^^  Janu- 
ary, 1777-  hy  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.  Eecords  of  Chester.     Slade's  State  Papers,  pp.  68-73. 

The  pages  of  the  State  Paj^ers  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  tirst  Wednesday  of  June 
next,  to  be  held  at  tiie  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  hei'eby  nolitled  of  the  same.     Said  convention  was  formed  to  govern 
the  internal  i)olice  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,  puljlislied  in  V't.  Uist.  Soc.  Coll.  Vol.  I.] 

New  Hampshike  Grants  (alias)  | 
Neav  Connecticut  ;  )  Windsor,  June  4"'-  1777. 

Convention  opened  according  to  adjournment. 

present  the  following  members. 
Capt.  Joseph  Bowker  in  the  Chair. 
1st-      Voted,  Lieut.  Martin  Powell,  Assistant  Clerk. 


f  Nathan  Clark.  Esq., 
Benning-  \  Mr.  Simeon  Hathaway, 
ton,       1  Capt.  John  Burnham, 
1^  Doct.  Jonas  Eay. 
Shafts-   j  Major  Jeremiah  Clark, 
bury,      I  Mr.  Gideon  Olin. 
Arllng-  (  Capt.EbenezerWillough- 
ton,      'i  Mr.  Abel  Benedict,   [by. 
Sunder-  j  Lieut.  Josejih  Bradley, 
land,      I  Mr.  Eli  Bronson. 
Man-     \  Mr.  Thomas  Bull, 
Chester,   |  Lieut.  Martin  Powell. 
Dorset,       Mr.  Cephas  Kent. 
(  Doct.  Gaius  Smith. 
I  Mr.  Moses  Robinson. 
j  Capt.  William  Fitch, 
I  Capt.  Jonathan  Willard. 
Mr.  Caleb  Smith. 
Poidtney,    Capt.  Zebediah  Dewey. 
By  a  letter  from  s^'  Town 
acquiescing  in  forming  a 
New  State. 

Huh-     I  ^^^,  jg^j^g  Churchill. 
bardton,  \ 
Danby,        Capt.  William  Gage. 


loulh,    [Cai.t.Ehenezer  Allen. 

rBenpi  Spencer,     )  Major 
Claren-   ]  Whitelield  Foot,  \  I'^rt. 


don. 


)  Jose])h  Smith, 
l^Ste])hen  Place, 


'  Minor 
[   Part. 


Rupert, 

Pawlet, 
Wells, 


Castle- 
ton, 


'  I  Capt.  Joseph  Bowker. 
Pittsford,   Capt.  Jont"'  Fassett. 
ISfeshobee, ) 

[or        )-  Capt.  Josiah  Powers. 
Brandori]  ) 

Whiting,     Capt.  Josiah  [Jeremiah] 

Powers.' 
Cornwall,  Mr.  Gamaliel  Painter. 
Colches-  j  Capt.  Ira  Allen, 

ter,      "I  Capt.  Ileman  Allen. 
Williston,  Colo  Thomas  Chittenden. 

Wil- 
mington, ( 
Hallux,     Docf   W'n- 


Mr, 


W"'-  Mellen. 
Hill. 


Guilfordl^''^"^h'^}y-'Cnvpent,v, 


f  Capt.  John  Barney, 


Brattle- 
bo  rout 


le-  \ 


Lt.  Israel  Smith. 


1  Doubtless  "Josiah  Powers"  of  Whiting  should  be  Caj)!.  Jeremiah 
Powers.  See  page  55,  where  that  name  is  given.  Josiah  Powers  rei)re- 
sentcd  Brandon  in  this  convention,  and  also  in  the  Legislature  of  Oct. 

1778. 


64 


General  Conventions. 


Towns-  )  Mr.  John  Dv.M-. 
hena,     \ 

^""/'     I-  Ll.  Leonard  Spaulding. 
merston,  \  '  " 

Putney,      Mr.  Dennis  Lockland. 

^^^!'    IXath'  Ro])inson.Esq. 
minster.  \ 

BocUng-  }  ^^^^^  Heuljon  Jones. 

ham,     ^ 
Chester,      Lt.  Jabez  Sargent. 
Wmdsor,    Mr.Ebenezer  Hoisington 
Hertford,  )  y^^.,  j^^^j  Matthews, 

rr    L?^'   ,  ,  r  Mr.  W"'-  Gallup. 
Hartlana,] ) 

Wood-    I  jyfj._  ]3pj)ja  Enimonds. 

SZOCiC^       ) 


for 


\rt-     S 
•d,     \ 


Mr.  Stephen  Tilden. 


PamfrPf    ^  Jolm  Throop,  [Esq. 

t'omjreu  -^  ^^^xw  Winchester  Dana, 


Barnard 


S  Mr.  Asa  Whitconilj, 
']  Mr.  Asa  Chandler. 


i  Colo  Peter  Olcott, 
Norwich  }  Maj'"  Thomas  Moredock, 
(  Mr.  Jacol)  Burton. 


c,  (  Joel  Marsh,  Esq., 

Sharon.  |  ^^.  j^^^^^j^^j  (.  jj,4^.^_ 

Kent.    "I 

r  ^"7        VMr.  Edward  Aiken. 
London-  j 

derry.']  J 

Caven-    j  Capt.  John  Coffrin,  [Cof- 
(^is/i,      J      fein.] 

Bromley  ) 

[or       -  Cai)t.  William  Utley. 
Peru.']    \ 

Thetford,   Lt.  Abner  Chamberlain. 

Stratford,  Mr.  Frederick  Smith. 

Fairlee,       Mr.  Amos  Woodworth. 

Moor-  '] 

town,  I  Doct.  Bildad  Andross, 

[or  \ 

Brad-  |  Mr.  Benj''  Baldwin.' 

ford,-]  j 


Corinth, 


\  By  a   letter  acquiescing 


\      in  a  State 
Reading,     Mr.  Andrew  Spear.^ 


JVe?/;-     j  Mr.  John  G.  D.  Bailey, 
bury.     I  Capt.  Robert  Johnson. 


III.     Fqrthicr  Proceedings — Name  "  Vermont." 

[From  tlie  Co7i>iecticut  Courant  of  .June  30,  1777.] 

State  of  Yeemont,  ) 

In  General  Convention,  Windsor,  June  4,  1777.  ) 
Whereas,  This  convention  did  at  their  session  in  Westminster,  the  lo'''' 
day  of  January  last,  among  other  things,  declare  the  district  of  land  com- 
monly called  and  known  by  the  name  of  the  New  Ilampshii-e  Grants,  to 
be  "li  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  : 

"Copied  from  the  original  record  November  18th,  19th  and  20th,  1862, 
by  James  H.  Phelps." 

The  record  from  which  Mr.  Phelps'  coi)y  was  taken  wa»<  certified  by 
Jonas  Fay,  the  standing  clerk  of  the  convention.  It  was  only  tempora- 
rilv  in  the  possession  of  Mr.  Phelps,  and  is  not  known  to  be  now  in  ex- 
istence. 


Adjourned^ Session  at  Windsor,  June  4,  1777. 


5r) 


And  whereas.  By  more  aooklont,  or  tIiroui;h  mistake,  tlH>  said  dcflara- 
tion  alone  was  inililislied  in  tlie  Connecticut  CoHrant.  No.  (I.'U.  dated  March 
17th,  1777.  without  assigning  the  reasons  wliieh  impelled  the  inhal>ilants 
to  such  sejiaration  : 

And  whereas.  This  convention  have  been  informed  that  a  district  of 
hind  lying  on  the  8us(}uehanna  river,  has  ])een  heretofore  and  is  now 
known  by  the  name  of  New  Connecticut,  which  was  iniknown  to  them 
until  some  time  since  the  declaration  at  Westminster  aforesaid  ;  and  a.s 
it  would  be  ini-onvenient  in  many  resjx^cts  for  two  separate  districts  on 
this  continent  to  bear  the  same  name  : 

Resolved.  Therefoi-e.  unanimously,  that  the  said  district  described  in 
the  preamble  to  tlie  declaration  at  Weslminstei',  aforesaid,  shall  now 
hereafter  be  called  and  known  by  the  name  of  Vkhmont. 

And  whereas.  Tlie  whole  body  of  members  which  comitosi'  tliis  conven- 
tion, consisting  of  the  following  persons,  viz.: 

Nathan  Clark. 


Capt.  Josepli  Bowker,  President, 

Mr.  Simeon  Hathaway, 

Dr.  Jonas  Fay,  Secretary. 

Mr.  Gideon  Olin, 

Mr.  Abel  Benedict, 

Mr.  Eli  Brownson, 

Mr.  Thomas  Bull, 

Mr.  Moses  Robinson,  2*^'- 

Captain  AYilliam  Fitch, 

Mr.  Caleb  Smith, 

Mr.  Jesse  Churchill, 

Ca]it.  Ebenezer  Allen, 

Mr.  Whitetield  Foot, 

Mr.  Stephen  Place, 

Capt.  Jonathan  Fassett, 

Mr.  Gamaliel  Painter, 

Capt.  Ira  Allen, 

Mr.  William  Melleu, 

Col.  Benjamin  Carpenter, 

Mr.  Israel  Smith, 

Mr.  Dennis  Lockland, 

Mr.  Joshua  Webb. 

Mr.  Ja1)ez  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.  Biklad  Andrus, 

Mr.  John  G.  D.  Bailey, 

Mr.  xVmaziah  Wood  worth, ' 


Esq., 

Mr.  John  Burnham,  Jun., 
Major  Jeremiah  Clark, 
Capt.  Ebenezer  Willoughby, 
^[r.  Joseph  Bradley, 
Mr.  Martin  Powelh 
Mr.  Cephas  Kent, 
Mr.  Gains  Smith, 
Ca])t.  Jonathan  Willard, 
Captain  Zebediah  Dewey, 
Captain  William  Gage, 
Benjamin  Sjx'ncer,  Esq., 
Mr.  Joseph  Smith, 
Mr.  John  Sutherland, 
Capt.  Josiah  Powers, 
Capt.  Ileman  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  Ilosington, 
Major  Joel  Matthews, 
Mr.  Benjamin  Emmons, 
Col.  Josi-ph  Marsh, 
John  W.  Dana,  Esq., 
Mr.  Asa  Chandler, 
Major  TJiomas  Moredock, 
Joel  Marsh,  Esq., 
Mr.  Al)ner  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  Wiud.sor,  aforesaid,  and  the  motion  J)eing  made  and  seconded, 


*In  the  preceding  list  of  delegates,  the  only  Woodworth  named  U  Avioe, 
whose  name  is  also  in  this  list  with  that  of  Amaziah. 


56  Greneral  Conventions. 

whether  the  house  would  proceed  to  bushiess  on  the  former  declaration 
made  at  Westminster,  in  January  albresiiid.  with  this  alteration  only, 
"that  instead  of  Nkav  CoNNECTicUT,  the  said  district  should  ever  be 
known  l)y  the  name  Vkrmoxt  ;''  That  then  the  names  of  the  representa- 
tives beintj  distinctlv  and  severally  called  by  the  Secretary,  seventy-one 
of  them  did  answer  'in  the  words  following,  viz.  :  '^Procekd  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  thev  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  tleets  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  ot  the  district  before  describ- 
ed to  declare  themselves  to  be  separate  and  distinct  from  the  state  of 
New  York,  the  following  complaints  are  hei-eto  subjoined. 

COMPLAINTS. 

In  the  year  1764  the  legislative  authority  of  New  York  did  obtain 
jurisdictioii  over  the  before  described  territory  of  land,  by  virtue  of  a 
false  representation  made  by  the  late  Lieut,  governor  Golden,  that  for 
the  convenience  of  trade  and  administration  of  justice  the  inliabitants 
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  .S2300  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  liave  made  a  solemn  declaration, 
that  the  charters,  conveyances,  &c.,  ot  the  lands  included  in  the  before 
described  premises,  were  utterly  null  and  void,  on  which  said  title  was 
founded. 

Inconsequence  of  which  declaration,  writs  of  ])ossession  have  by  them 
been  issued,  and  the  Sheriff  of  the  County  of  All)any  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  tine  and  six  months  imprisonment,  on  any  j/erson  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- 
iobbers  in  the  government  of  Ncav  York,  in  direct  violation  of  his  Bi'i- 
tannic  Majesty's  special  orders  in  the  year  17G7. 

They  have  endeavored  and  many  times  thn^atened  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^  Jtme  4,  1777.  57 

They  have  piocecded  to  erect  the  counties  of  Cuml)erl:iiKl  and  Glou- 
cester, and  ('stal)lished  courts  of  justice  tiiere,  after  they  were  discoun- 
tenanced l)y  tile  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  k\\\^  of 
Great  Britain,  are  now  due  and  owing  t(t  this  convention,  or  such  future 
government  as  shall  he  established  in  this  state." 

In  truth,  they,  the  late  government  of  New  York,  liave  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  otience  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,  libei'ties  and  properties. 

In  the  several  stages  of  the  aforesaid  oppression,  we  havtt  petitioned 
his  Britannic  Majesty  in  the  most  hinnble  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  witli  neglect.  We  shall 
therefore  only  remind  the  pul)Iic  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  15*''  day  of  January  last,  and  iiublished  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  Fat,  Secretary. ' 

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  15*'' 
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  hajipiness  of  the  inhabi- 
tants of  this  state  to  form  such  a  government  as  shall,  in  the  opinion  of 
the  representatives  of  the  jjeojile  of  this  state,  best  conduce  to  the  hap- 
piness and  safety  of  their  constituents  in  i)articular  and  America  in  gen- 
eral ;  and  whereas  the  Honorable  Conlinental  Congress  did,  on  the  15"' 
day  of  May,  A.  D.  177G,  make  and  publish  the  within  recommendation 
for  the  express  purpose  of  taking  up  government, 

'  The  foregoing  from  the   Connecticut  Courant  is  found,  though  with 
numerous  typographical  errors,  in  the  Api)endix  to  J.  D.  Butlkk's  Ad- 
dress of  1846,  p.  31,  32,  33.     See  also  H.  HalVs  Vt,  pp.  244,  245,  246. 
6 


58  G-eneral  Conventions. 

Resolved,  Therefore,  that  copies  of  the  said  recommendation  he  distri- 
buted to  the  inhabitants  of  each  town  within  tiiis  state  ;  and  that  it  be 
and  is  herel)y  recommended  t(»  the  freeholders  and  inhabitants  of  each 
town  in  tiiis  state  to  meet  at  some  convejiient  place  in  each  town  on  the 
23<5  day  of  this  instant  June  and  clioosc  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 


COMMITTEE  TO  REPAIR  TO  TICONDEROGA. 

This  convention  at  Windsor  of  June  4,  1777,  [appointed  a  committee 
to  make  a  draft  of  a  constitution,^]  also  appointed  a  committee  consisting 


^  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  atfairs  hath  been  hitherto  established,  to  adopt 
such  government  as  shall,  in  the  opinion  of  the  re])resentatives  of  the 
people,  best  conduce  to  the  happiness  and  safet}'  of  their  constituents  in 
particular  and  America  in  general." — See  ante,  p.  40. 

-  These  words  are  added  to  the  statement  in  the  Vermont  Historical 
Society  Collections,  vol.  i,  p.  54,  on  the  authority  of  Ira  Allen,  who  was  a 
member  of  the  convention. — See  Ira  Allen's  History  of  Vermont,  \).  92, 
or  Vt.  Hist.  8oc.  Coll.,  vol.  i,  p.  .382.  Who  constituted  the  committee  to 
draft  the  Constitution  is  nowhere  stated.  Ira  Allen  says  :  [Jonas]  "Fay, 
[Thomas]  Chittenden,  [Heman]  Allen,  and  [Keuben]  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  Pennsjlvania  for  a  model,"  suggesting  an  alteration 
making  the  executive  body  [Orovernor  and  Council]  advisory  simply,  re- 
serving the  supreme  legislative  power  to  the  General  Assembly. — See  Dr. 
Young's  letter,  Appeyidix  D.  It  would  not  be  unreasonahle  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  assvimption,  the  committee  consisted  of  Jonas  Fay,  Thomas  Chitten- 
den, Heman  Allen,  and  Keuben  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 


Adjonrned  Session  at  Windsor,  June  4,  1777.  .59 

of  "Col.  William  IMarsh,  .Tamos  Mead,  Ira  Alliii  and  Cajilain  Salisbury, 
to  wait  on  the  coininander  of  Ticonderoija  fort  and  consult  with  liini 
respecting  the  regulations  and  defense  of  the  frontiers,  and  then  ad- 
journed to  the  2d  of  .July,  1777.  at  the  same  place.  AVhile  the  commit- 
tee was  at  Ticonderoga.  Gen.  Burgoyne  with  his  army  appeared  on  the 
lake,  and  resting  at  Ci-«>wn  Point,  he  sent  a  scout  of  ahout  .'JOO,  mostly 
Indians,  to  land  at  the  mouth  of  Otter  Creek,  to  annoy  the  frontiers  ot 
the  state.  Gen.  Poor  ri'liised  to  allow  any  troo|)S  to  the  committee  for 
the  defense  of  the  frontiers,  but  allowed  Col.  Warner  to  go  with  the 
committee,  who  soon  raised  men  sutlicient  to  re])el  the  assailants.  All 
who  were  members  of  the  convention  left  the  militia  and  repaired  to 
Windsor  on  the  4th  [2d]  of  July,  1777."* 


V.     Proclamation  for  a  Fast. 

A   PROCLAMATIOX. 

Since  God  has  been  pleased  in  his  wisdom  to  visit  the  inhabitants  of 
this  land  with  his  just  judgments  by  sutlering  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  sutticient 
reason  to  believe  calls  aloud  on  his  people  for  solemn  Fasting  and 
Prayer.  We  have,  theretbre,  thought  fit  to  appoint  and  do  hereby  ap- 
point Wednesday  the  I8t'>  day  of  June  instant  to  be  observed  as  a  da}' 
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  Vermont,  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  AVindsor  in  Jul}'  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  Covmcil,  was  anticipated  in  the  warning,  and  pro})ably  included 
in  the  original  draft  of  the  Constitution. — See  Sparks''  Life  of  Franklin, 
p.  408-410,  and  II.  Hall's  Early  History  of  Vermont,  p.  498-500. 
>  I.  Allen's  Vt.,  p.  92,  in  VL  Hist.  Soc.  Coll.,  vol.  i,  p.  382. 


60  Greneral  Conventions. 

on  our  councils  and  arms  and  direct  our  generals,  guard  this  state  from 
the  invasions  of  the  savages,  direct  in  our  election  of  membei's  for  estab- 
lishingjgovernment,  bless  the  labors  of  oui-  hands,  grant  suitable  seasons 
tor  the  3^ear  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  peoi)le  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 
?**»  day  of  June  Anno  1777. 

By  order, 

Josp:ph  Boavker,  President. 

Jonas  Fay,  Secretary} 


VI.     Exclusive  Jurisdiction  assumed  by  Vermont.^ 

[Furnished  by  Hon.  James  H.  Phelps  from  a  paper  given  to  liini  Ijy  the  late   Henky  Ste- 
vens.   Now  printed  for  tlie  first  time.] 

STATE  OF  VERMONT. 
In  General  Convention,  "Windsor,  June  4,  1777. 

Besolved,  That  the  keeper  of  the  common  ^aol  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 

'  A  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  tour  days. 

"  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,"  wliich  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 
"  Ti-ue  Representation  '■  declared  : 

'•  That  the  Convention  held  at  Windsor  on  the  4th  day  of  June,  in- 
stant, for  the  pui-pose  of  establishing  their  new  state  of  Vermont,  have 
taken  into  their  possession  the  prison  of  this  county,  and  have  strictly 
forbid  all  commiy:ees  acting  under  the  authority  of  the  state  of  New 
York,  so  that  it  is  become  impracticable  for  the  county  committee,  or 
any  other  cominittee,  to  proceed  to  any  publick  business  in  this  county." 
— See  Eastern  Vermont,  pp.  294-296. 


Adjourned  Session  at  Windsor^  June  4,  1777,  61 

tlu'V  are  lierehy  directt'd  and  r(*(]iiircd  to  desist  aeliiiu  in  such  ra|):icitv 
l)y  virtue  of  any  authority  deiived  from  tlic  IIonoral)le  Convention  of 
the  State  of  Ni'W  York,  and  that  tlieir  several  associates  are  directed 
strictly  to  ohserve  the  same. 

Hesolred,  That  the  several  Committees  of  Safety  actiui,'  un(h'r  the  au- 
thority of  this  State  be  and  ai-e  herel)y  directed  to  take  into  their  imme- 
diate custody  all  such  estates  of  enemical  per'<ons  who  have  heretofore 
or  that  may  hereafter  b(^  hy  sutHcient  evi(h'nce  proved  to  lie  such,  which 
estates  are  not  already  in  custody  l)y  virtue  of  such  authority,  and  them 
safely  keep  for  the  use  of  this  State  during  the  recess  of  this'Convention 
excejit  what  may  be  sutticient  to  defray  the  necessary  char<res  arising 
for  trial  of  such  offender  or  otTenders. 

Besolved.  That  all  Commissioners  appointed  by  the  authority  of  the 
State  of  New  York  for  ♦^hc  purpose  of  seizing  the  estates  of  enemical 
jiersous  for  the  use  of  that  State,  to  the  prejudice  of  this,  be  and  here]>y 
are  required  to  desist  and  surcease  such  commission  or  commissions 
immediately  on  sight  hereof,  and  they  are  hereby  severally  strictly  for- 
bid disposing  of  any  such  estate  so  seized  within  this  State  excej)!  what 
is  sufficient  to  defray  the  charge  of  trial,  seizing,  &c.,  until  furtlier  oi-dcr 
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. 

Besolved,  That  the  Committees  of  the  several  towns  in  this  State  hi' 
and  are  hereby  emjiowered  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  em])ow- 
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  Avithin  this  State,  there  to  remain  without 
bail  until  a  proper  court  shall  be  established  in  this  State  to  try  him  or 
them. 

Extract  from  the  minutes, 

By  order.  Jonas  Fay,  Se&y. 

A  true  copy, 

Attest,  Leonard  Spaulding.^ 

^  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  noti/7/ Townshend,  Putney,  Xew  Fane  and  Dum- 
merston," which  seems  to  have  been  done  by  furnishing  written  copies 
of  the  proceedings  of  the  Conventioiis,  There  was  then  no  jyrinting 
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.^ 

Ira  Allkn  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  befrn-e  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.^ 

AViLLiAM  Slade  [182.3,]  and  Zadock  Thompson,  [1824,  i842,  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. 
»  Vt.  Hist.  Soc.  Coll.,  vol.  I,  p.  383. 


Convention  at  Windsor,  July  2-8,  1777.  63 

H.  H.  Hall  [1R5S]  added  one  fad,  viz:  "a  right  lo  ihe  countv  jail  at 
Westminster  was,  however,  reiterated,  and  the  ordtM's  were  issued  to  a 
sers^eant  and  six  men  to  a^uard  it  l)oth  by  night  and  day,  and  U)  permit 
no  one  to  advance  withing  six  feet  of  tlie  gratings,  or  to  approacli  the 
jail  door."  ' 

The  late  Rev.  Plixy  II.  Whitk,  of  Coventry,  gave  the  resnlts  <if  niucli 
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,  sixtx-en  having  been  ascertained  by 
the  late  Leonard  Deming  of  Middlebury,  and  eight  by  Mr.  White. 
The  list  is  as  follows: 


V 


yBarnet,       Alexander  Harvey. 
^/   Ben-      <i  Jonas  Fay, 
nimjton,   \  Joseph  Satibrd.  v 

K/Brad-      j  Benja.  Baldwin.  ^ 

ford.        I  Bildad  Andrus. 

>„     ,        <  Thos.  Chandler,  ^ 

,Ti     1         1  Thos.  Chittenden. 

■y  Guilford,     Benjamin  Carpenter. 

\/Hartfordj    Joseph  Marsh. 

V  Marlboro,  Francis  Whitmore. 


Kew-     (  Jacob  liayley. 
bury,      I  Reuben  Foster. 
Pomfret,     John  Throop. 

^  )  Nehemiah  Howe. 

Bock-    ^  Joshua  Wel)b, 

ingham,  (  Reuben  Jones. 

Rutland,    Joseph  Bowker. 

Sunder-   S  ti-      n      n 
land,     pimothy  Browns„n. 

Tin-      \  Eb'-  Allen, 
mouth,    I  Charles  Brewster. 
Pownal,      Joseph  Williams. 


To  these  the  editor  of  these  papers  adds  the  following — four  on  good 
authority,  and  ten  probable  members: 

yDanby,,  Thomas  Rowley.^  "^  TFi?mmg'to7i,  William  Williams,  j»ro6- 

\/Benning-  ^  .Tohn  Burnham,'  ahly.^ 

ton,      }  ^N'athan  Clark,  pr&babifffyDummerston,  Lt.   Leonard  Spauld- 

^Clarendon,  Benj.  Spencer,  probably.^  i»g'  probably.^ 

/-,  S  Cant   Iri  Allen''  <^ Westminster, ^iithHiohinf<ou, prob- 

UJolchester,  J  ^^^^^  jj^.^^^,^  ^^^jl^^^ ,  ahly^' 

VShaftsbury,    Maj.    Jeremiah    Clark.  ■^^^^■"'^^^■^'•-      Ebenezer      Hoisington, 

•'  probabh,^  probably:" 

x^Townshend,  Samuel  Fletcher,  prob-'^^"'''-f>''^^  J"^"^  ^^-  1^='"=', j>'-o^a?.Z</." 
ably.'  ^Cavendish,  Johii  Coffein,  probably.^* 


'  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  Avas  represented  in 
the  Convention  of  Sept.  2o,  1776,  by  letter,  and  again  Jan.  4.  1777,  by 
Wm.  Mellen  delegate.  It  was  also  represented  in  the  tirst  legislature. 
March  1778,  by  Elijah  Alvord.  It  is  (|uite  probable,  therefore,  that  thi' 
town  was  represented  in  the  Convention  of  Jul}'  1777.     it  could  not  send 


64  General  Conventions. 

Mr.  White  adds  : — 

The  Convention  was  organized  by  choosing  Joskph  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  l)usiness  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    Wiyidsor    in   the  State  of 

Vermont. 

Gentlemen  : — Last  evening  1  received  an  express  from  the  general 
commanding  at  Ticonderoga,  advising  me  that  the  enemy  have  come  up 
the  lake,  witli  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  atHubbardton,  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,  \).  ;-)()— 66. 

^  Vt.  Historical  Magazine,  vol.  i.  p.  98.  Danby  was  entitled  to  three 
members,  and  the  addition  of  Mr.  Rowley's  name  tu  the  preceding  list 
completes  the  delegation  from  that  town. 

*  Vt.  Historical  Magazine,  vol.  i.  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.  Hairs  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. 

^"He  was  a  member  of  three  preceding  Conventions. 

"  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  oxpi-ct  (hat  you  will  send  on  all  the  ini'u  that  can 
possibly  he  raised,  and  that  you  will  do  all  in  your  jiower  t(t  supply  tiu' 
troops  at  Tic()nderoij;a  with  beef.  Shoultl  the  siei^e  be  lonn:.  they  will  be 
absolutely  destitute,  unless  the  count i-y  exert  themselves.  If  40  or  ."id 
head  of  beet  cattle  can  be  brouiiiit  on  by  the  militia,  they  will  l)e  paid  for 
by  the  commissary  on  their  arrival.  The  safety  of  the  post  depends  on 
the  exertions  of  the  country.  Tlieir  lines  air  extensive  and  l)ul  partially 
manned,  for  want  of  men.  I  should  i)e  <rlad  if  a  few  hills  of  corn  unhoeil 
should  not  be  a  motive  sutlicient  to  detain  men  at  home.  ct)nsidei-in<r  the 
loss  of  such  an  important  post  might  be  irretrievable.  1  am,  gentlemen, 
with  the  greatest  respect,  your  ol)edient  and  very  humble  servant. 

.Sktii  Waknkk. 
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  Ilub- 
bardton  this  morning.     That  you  may  have  wisdom  to  conduct  in  the 
business  for  which  you  are  called  together  is  the  prayer  ot 

S.  W. 

A  copy  of  this  dispatch  was  immediately  forwarded  by  express  to  the 
General  Assembly  of  New  Hampshire,  then  in  sessional  Exeter,  with 
a  letter  from  the  convention  as  follows  : 

State  of  Vermont, 
In  General  Convention,  Windsor,  8''  July,  1777. 
Gentlemen: — This  House  enclose  to  you  a  Cop}'  of  a  Letter  just  re- 
ceived from  Col"  Warner  by  which  3mur  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  ])eensent  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  jjrincipally  with  the  officer  Conmiaud- 
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  circuuistances  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  3'oui-  most 

Obedt  Hum'^i^  Servants. 
By  order  of  Convention. 

Jos]:ph  Bowkkh,  President. 
Superscribed  : 
To  the  Honorable  the  General  Assembly  or  Council  of  War  at  Exeter, 
State  of  New  Hamrjshire. 

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  b\'  the  arrival  of  a 
dispatch  from  General  St.  Clair,  returning  his  earnest  thanks  for  their 
exertions  in  behalf  of  Ticonderoga,  l)iit  announcing  the  evacuation  of 
that  place  on  the  morning  of  the  (ith  of  July,  the  ])ursuit  of  the  retreating 
Americans  by  the  British  and  the  attack  upon  Warner  at  Hubbardton 
on  the  morning  of  the  7th  of  Jul v;   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  memhers,  that  ot  the  President  in- 
cluded, were  within  the  very  line  of  march  of  the  triumphant  enemy, 
and  the  tirst  imi)ulse  was  to  leave  the  husiuess  unfinished,  and  tiy  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- 


'  General  St.  Glair  to  the  President  of  the  Vermont  Convention  at  Windsor. 

CoLt>  Mead's,  at  Otter  Creek,  ) 

July  7th,  1777.  S 
Sir, — I  was  honored  with  3M)ur  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  Enemj^  were  ready  for  the  attack,  and 
that  il  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  Othcers  that  the  Posts  on  Ticonderoga  and  Mount 
Independence  should  be  evacuated,  and  a  retreat  attempted  to  Skeens- 
lioi'ough  by  the  way  of  Castleton,  and  that  ever}'thing  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  unperceivedby  the  Enemy,  altho'  they  were 
all  round  us,  and  should  have  etfected  it  perfectly  had  it  not  been  for  the 
burning  of  a  House,  whether  from  accident  or  want  of  thi:>ught  I  cannot 
say,  but  it  served  to  inform  the  Enemy  of  our  Retreat,  and  a  party  of 
them  whereon  the  Mount  before  the  whole  of  our  people  had  got  otf  of  it. 
They  did  not  attempt  however  to  pursue  us,  but  only  tired  a  few  shots 
from  the  Height  which  did  us  no  damage.  We  jnirsued  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 
who  have  come  in  ;  but  I  believe  it  was  pretty  severe  on  both  sides.  I 
atn  now  on  my  march  to  Bennington,  which  place  1  am  obliged  to  make, 
on  account  of  Provisions,  the  Enemy  having  last  night  ]iossessed  them- 
selves of  Skeensborough,  of  which  I  got  inlelligence  this  morning,  which 
determined  me  to  take  the  road  for  that  place,  and  there  1  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  peneti-ating  into  the  Country. 

I  am,  Sir,  your  very  Humble  Servant,  A^  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  ah'eady  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  tliat  an  election,  under  the  con- 
stitution, should  be  held  in  December,  1777.  when  rejiresentatives  should 
be  elected  to  a  general  assembly,  to  meet  at  Hennin^toii  in  January, 
1778.  Joseph  Maksh,  ,k>KKriV"WiLLiAMs  and  Tniornv  Bkownson 
were  appointed  a  committee  to  procure  a  supply  of  arms  for  the  state,  with 
instructions  to  draw  them,  if  possible,  from  gov'ermenlal  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  Saft-tv  was 
appointed  to  administer  the  atlaiVsofthe  state  until  some  other  provi- 
sion in  that  regard  should  be  made.  No  list  of  the  members  ctf  this 
Council  is  extant,  but  it  is  known  that  Tiios.  Chittknden,  Ika  Allen, 
Moses  Robinson,  Jonas  Fay,  Joseph  Fay,  Paul  Spooner,  Nathan 
Clakk,  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  Sth,  1777.  \ 
Resolved,  that  Col.  Joseph  Marsh,  Col.  Wm.  AVilli'a.^is  and  Col.  Tim- 
othy Brownson  be  appointed  Contractors  to  procure  a  sutlicient  Quan- 
tit}^  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  mav  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.  2.5,  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  c»fflce  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,  u  member  of  the 
Council  was  selected.     The  office  was  one  of  high  dignity,  correspond- 

'  For  Mr.  White's  address  in  full,  and  Mr.  Hutchinson's  sermon,  see 
Vt.  Hist.  Soc.  Collections,  vol.  i,  p.  ofi — 101. 

*Gen.  John  Stark  to  the  Connecticut  Courant,  Aug.  18,  1777,  in  Vt. 
Hist.  SoC'  Collections,  vol.  i,  p.  228. 

*  Early  History,  pp.  258  and  259,  note. 


68  General  Conventioyis. 

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  C<mgress,  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 

'  See  letter  of  that  date,  post ;  also  Vt.  Hist.  Soc.  Collections,  vol.  I,  p. 
196. 

Benjamin  Spencer  of  Durham  [Clarendon]  was  justice  of  peace  and 
assistant  judge  of  the  court  of  common  pleas  under  the  jurisdiction  of 
N"ew  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  Nevv  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  "cudliug 
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,  Juli/  2-8,  1777.  flO 

vncanc}-  Benjamin  CAHPENTf:R  of  Guilford  was  appointed  by  the  Con- 
vention at  Windsor,  Dec.  24,  1777.  of  wliich  ai)i)ointment  Col.  Carpen- 
ter was  notiiied  by  a  letter  from  the  Council,  by  JoNAS  Fay,  dated  10 
January,  1778.' 

New  York  authorities,  conveyin<r  land  under  a  New  York  title,  and  with 
endeavoring  to  seduce  and  inveigle  the  people  to  be  subject  to  tlie  laws 
and  government  of  the  colony  ot  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,  whereuijon 
the  court,  upon  Warner's  suggestion,  decided  that  the  house  should  be 
spared,  but  the  roof  taken  oti',  to  be  replaced  again  when  Spencer  would 
accept  it  under  a  New  Hampshire  title.  To  this  he  agreed,  when  the 
roof  was  taken  oft'  "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,  pledi^ino- 
himselt  to  stand  by  the  new  state  and  "to  resist  by  arms  the  fleets  and 
armies  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  jiersonal  safety  with 
the  enemy  at  Ticonderoga,  and,  it  is  said,  died  at  that  post  a  few  weeks 
afterward.— EarZy/  History,  pp.  169,  17(»,  172-177,  258. 

In  his  address  to  the  Legislature,  pi-inted  in  ISOS.  (and  (luofed  in  the 
appendix  to  D.  P.  Thompson's  Address,  iSoO,)  Ira  Alt.en  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,  llui)  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  sli-nild  not  Ite  surprised  if  .Spencer 
should  go  to  Burgoyne's  camp,  whicli  he  did,  and  died  uitli  the  British 
soon  after. 

There  were  two  Spencers  known  to  Allen,  and  both  went  to  the  eiiemv 
— Abel  for  a  short  time.  He  was  tried,  convicted,  and  lined.  Afterward 
he  became  a  very  jn'oniiuent  niati.  iniicli  in  puiilie  service.  Allen's  mem- 
ory was  in  fault. 

*  See  letter  of  that  date.  post.  • 


70  Greneral  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.* 

Still  another  name  is  to  be  added  on  the  authority  of  Hon.  Myron 
Clark  of  Manchester,  to  wit :  thatof  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  *  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.^ 

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  ascei'tained,  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. 

Samup:l  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  fieU  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 

*I.  Allen's  History  of  Vermont  in  Vt.  Hist.  Soc.  Coll.,  vol.  i,  p.  388. 
*  Vt.  His}.  Mag.,  vol.  i,  p.  236. 
,    '  Vt.  Hist.  Soc.  Collections,  vol.  i,  p.  63. 


Convention  at  Windsor,  July  2-8,  1777.  71 

was  appointed,  with  Joxas  Fay  and  Col.  "\V>i.  Mahsii,  to  draw  a  peti- 
tion to  Congress,  and  he  was  probably  u  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  Allkn,  Committee  appointed."'  A  biographer 
of  Mr.  Rowley,  in  Vt.  Hist.  Mag.,  vol.  i,  ji.  9S,  claims  that  he  "partici- 
pated largely  in  the  deliberations  of  those  who  declared  Vermont  a  free 
and  independent  State,  and  aided  in  fi-aming  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  qiialitications  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  mouths  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  Vt. 
Hist.  Mag.,  vol.  i,  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  Fiiy  is  given  instead  of  "Joseph  Fay,"  which 
was,  possibl}',  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 

^Ante  p.  19.  This  may  mean  that  they  were  appointed  simply  to  verify 
the  copy.  The  editor  is  of  opinion  that  Jonas  Fay  and  Ira  Allex  were 
the  authors,  chiefl3%  of  the  ])etition,  and  that  it  was  drawn  in  antici])ation 
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,  an<l  a  willing 
one. 

'  Vt.  Hist.  Mag.,  vol.  i.  p.  234. 

^ Since  the  above  was  in  type,  the  editor  has  received  a  letter  from 
Mr.  Read,  dated  March  .5,  187.3,  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  G-eneral  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  CHiTTENDE2sr  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  oft'.  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,  liis  close  relations  with  Chittenden  and  the  Aliens,  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. 
His  address  was  eminently  of  that  character.  Messrs.  White,  Thomp- 
son and  Bead  all  include  Lyon  in  the  Council,  and  yet  their  lists  prove 
too  much,  by  giving  too  many  members.  In  Vt.  Hist.  Sac.  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  rei)orts.  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  mail  ia  Eastern  Vermont  who  might  bo  as  reasonably 
suggested  but  for  one  consideration, — and  tliat  was  Joseph  Mahsii. 
The  tatal  objection  is,  that  he  could  not  attend  without  abandoning  his 
lamil}'  and  business  tor  months.  The  great  point  of  danger  was  in  and 
near  Bennington  county  ;  there  the  Council  must  constantly  sit  to  be 
elTectivo,  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  otlices  they  held — the  otfice  of  Secretary  not  furnishing, 
in  itself  alone,  absolute  proof: 

Thojias  Chittenden,  FresidenL 

Jonas  Fay,  Vice  President. 

Moses  Robinson,  President  pro  tern. 

Ira  Allen,  Secretary. 

Joseph  Fay,  Secretary. 

Paul  Spooner,  Deputy  Secretary. 

Nathan  Clark,  Secretary  pro  tern. 

Benjamin  Carpenter,  [by  letter  of  Council.] 
To  be  supplied  by  other  evidc:ii:e.  there  remain  four  members,  to  wit  : 
Heman  Allen,  Jacob  Bayley,'  Jkremiah  Clark,  and  Matthew 
Lyon.  The  assertion  of  Ira  Allen,  ihat  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  lyrohably,  to  wit :  Jerkmiah  Clark  and  Matthew  Lyon. 
It  is  reasonable  to  suppose  that  the  gentlemen  who  had  perJbrnied 
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  Chittendicn,  Oovernor, 

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.  Jeremiah  Clark,  | 

7.  Benjamin  Carpenter,  y  Councillors. 

8.  Paul  Spooner, 

9.  Jacob  Bayley,  J 

10.  Moses  Robinson,^ 

APRIL— OCTOBER,  1778. 

11.  Matthew  Lyon,  Dep.  Sec'y  of  Governor  and  Council, 

[April  May,  July,  and  Oct.  8  to  Nov.  24,  1778.] 
4.    Joseph  Tay" 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: 

'  See  Roll  of  the  first  Council,  and  note,  post. 
^  See  ante,  p.  66. 

^  Gen.  St.  Clair  to  Jonas  Fay,  Secretary  to  State  Vermont. 

Colonel  Marsiie's,  July  9th,  1777. 
Sir, — I  have  just  now  received  a  Letter  from  General  Schu3'ler  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  voter!  to  establish  a  loan  offlce,  and  appointed 
Ika  Allkk  its  trustee,  as  we  learn  IVoni  an  adverlisi'uu'nt  in  the  Connec- 
tictU  Courant,  of  August  18tli,  1777,  in  whieli  Mr.  Ai.lkn  over  his  signa- 
ture as  trustee  informed  the  publie  "  that  agreealily  to  a  resolution  oithe 
Convention,"  ho  had  opened  a  loan  office  at  liennington,  where  those 
disposed  to  lend  any  suin  amounting  to  ten  pounds  might  receive  secu- 
rity ill  behalf  of  the  state,  payable  in  one  or  more  years  with  interest  iit 
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  Deeembei',  and  the  legislature  to  meet  at  Ben- 
nington the  succeeding  January.  The  Convention  appointed  a  Council 
of  balet}'  to  manage  the  ati'airs  of  the  state  until  the  government  should  go 
into  o))eration  under  the  Constitution,  and  then,  on  the  8th  day  of  July, 
after  a  session  of  six  days,  adjourned.' 

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  Col"  Warner  take  Post,  and  that  all  the  Carriages 
that  may  be  of  use  to  the  Enemy  be  brought  olfor  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  reinlorcement  from  Peekshill  is  on  their 
March  from  Albany  to  join  him,  and  if  1  can  be  supi)lied  with  provisions 
at  Manchester,  I  shall  also  join  him  with  the  utmost  ex})edilion,  where 
we  shall  have  force  suthcient  to  check  the  progress  of  the  Enemy.  Your 
Convention  have  given  such  proof's  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  I'oute  to  Join  the  Army. 

1  am,  !Sir,  Your  humble  Servant,  A.  St.  Clair. 

To  JoxAS  Fay,  Sec'y  to  State  Vermont. 

P.  S.  Previous  to  the  receipt  of  your  Letter  of  the  Gth  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  m}'  t)pinion  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  yt.  Hist.  Soc.  Col,  Yol.  i,  p.  ITS. 

*  Early  History  of  Vt.,  254-257. 


76  General  Conventions. 

SECOND  SESSION  OF  THE  CONVENTION  AT  WINDSOR, 
DECEMBEE  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." ' 

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 : 

I^ow^  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'^Conveution  was  summoned  to  meet  at  Windsor,  in  December, 
1777:  thev  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  difliculty  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 

'  Slade's  State  Papers,  p.  80.  The  order  of  the  Council  of  Safety 
will  be  found  2?osf,  under  date  of  Nov.  25,  1777. 

*  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,  whicli,  if  jx-rpoluated,  would 
transmit  to  posterity  the  same  privileges  of  choosing  liow  Ihcy  would  he 
governed,  as  the  ])eople  of  that  day  exercised  from  tlu-  inherent  right  of 
nature,  without  revolution  or  hloodshed.  Had  the  constitution  1)een  then 
submitted  to  the  consideration  of  the  jx'ople  for  their  revision,  amend- 
ment, and  ratification,  it  is  very  doul)tful  whether  a  majority  would  have 
confirmed  it,  considering  the  resolutions  of  Congress,  and  their  inlluencc 
at  that  time,  as  well  as  the  intrigues  and  expence  of  the  ])rovincial 
Congress  of  New  York,  who  endeavoured  to  divide  and  suljdivide 
the  people.  Under  these  circumstances  the  Convention  apjiointed 
Ira  Allen  to  see  the  constitution  jrrinted  and  distributed  before 
the  election.  Mr.  Allen  returned  fi-om  Hartford,  in  Connecticut,  a  few- 
days  before  the  time  of  the  general  election,  with  the  constitution  jjrint- 
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,  Avhen  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  ajiproved  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.  ^ 

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;  manj'  had  sought  safety'  hy 
joining  the  enemy,  of  which  they  subsequently  repented;  many  more 
had  taken  their  families  to  !Ni  ew  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  i)opular,)  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- 

^  Ira  Allen's  History  of  Vt.,  pp.  107-110  ;  or  Vt.  Hist.  Soc.  Collections, 
vol.  I,  pp.  391-393. 


78  General  Conventions. 

tions,'  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  fif-st  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,  whi<!h 
had  been  earnestly  recommended  as  a  model  by  Dr.  Thomas  Young,  the 
early  friend  of  Vt'rmont,  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  natui-al  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  tliis  country,  or  brought  from  over  sea,  ought  to  be 
holden  by  law,  to  serve  an}'  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  liy  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. 

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 
thegovernor  and  council  "  for  their  perusal  and  proposals  of  amendment," 
and  also  'Sprinted  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 

*  The  record  of  the  Charlestown  I'N.  H.]  Convention  of  Jan.  16,  1781, 
is  reserved  for  the  Appendix. 


Second  Session  at  Windsor,  Dec.  24,  1777.  79 

laws  as  temporary,  and  al  the  .succcedinrr  session  to  declare  ihoni  ])erma- 
neut.  In  practiee  under  this  clause  of  the  constitution,  bills  M'erc  allowed 
to  originate  in  the  council  as  well  as  in  the  house  of  assembly,  and  in 
cases  ^f  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  linal  disposition  of  any  measure 
was  according  to  the  pleasure  of  the  house,  the  advisor}'-  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  tlie  pas- 
sage of  laws  was  expunged,  and  in  addition  to  the  advisory  power  of  the 
governor  and  council,  the}^  were  authorized  to  suspend  the  operation  of  a 
bill  passed  b}-  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  Pennsj-l- 
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,  sheritis,  justices  of  the  peace  and  judges  of  probate,"  who  were  to 
hold  their  otfices  "  during  good  behaviour,  removable  by  the  general  a.s- 
sembly  upon  proof  of  maladministration."  The  mode  of  choosing  judges 
of  superior  courts  was  left  to  the  discretion  of  the  legislature,  and  tliey 
were  alwa3-s  elected  annually  by  joint  ballot  of  the  council  and  assembly; 
and  on  the  revision  of  the  constitution  in  1780,  it  was  provided  that  coun- 
ty officers  should  also  be  annually  chosen  in  the  same  manner.  This 
frame  of  government,  thus  moditied,  continued  in  ojjeration  long  after 
the  state  became  a  a  member  of  the  federal  union,  furnishing  the  people 
with  as  much  security  for  their  persons  and  propertv  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. ' 

'  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  Cliipman's  Memoir  of  Chittenden.  See 
also  Slade's  State  Papers,  pp.  81, 221,  and  511. 


THE    FIRST 

CONSTITUTION 


OF   THE 


State  of  Vermont, 

ADOPTED 

m   CONVENTION   AT  WINDSOR, 

AT  THE   SESSIOXS  OF 

July  2-8  and  Dec.  24,  1777. 


INTRO  DUCT!  ON 


Tnis  Constitution,  with  the  exception  of  the  Preamble  and  of  less 
than  fifty  lines  of  the  "Declaration  of  Riirhts"  find  "'Pljin  or  Frnnie  of 
Government,''  is  a  copy  of  the  first  Constittition  of  Pennsylvania,  which 
was  framed  in  1776  by  a  Convention  of  which  Renja^min  Fraxklin 
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.  Franklix  was  the  author,  and  during  his  life  a  defender :  this 
was  the  investment  of  a  single  boily  (the  representatives  of  the  towns  and 
people,  called  the  '•  General  Assembly,"')  with  exclusive  and  supremo  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  then?} 
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  Youkg,  Ira  Allen,  Capt.  Heman  Allen,  and  Thomas 
Chittenden — are  as  follows  :  ^ 


*  See  Dr.  Young's  letters.  Appendix  D.      The  following  items  are  from 
an  account  of  Ira  Allen  against  the  State  : 

1777.  Nov.  2.  To  15  days  going  from  Salisbury  (Conn.)  to  TVilliams- 
town,  (Mass.)  and  there  with  President  Chittenden  writing  the  Prenmble 
to  the  Constitution.  &c.,  from  there  to  Benniuglon  to  confer  with  the 
Council  [of  Safety]  respecting  s'd  Preamble — assisting  to  complete  com- 
piling from  manuscript  the  Constitution  of  the  State, 
Ex])ense  money, 

1777,  Nov.  20.     To  cash  paid  John  Knickerbacor  for 
copying  the  Constitution  for  the  press, 

1777,  Nov.  2G.     To  3  davs   going  from   Salisbury  to 
Hartford  to  get  the  Constitution  printed. 

See  Thompson's  Vermont,  Part  ii.  j).  107. 

The  editor  has  already  suggested  that  the  agents  sent  by  Vermont  to 
Congress,  who  had  interviews  with  Dr.  Young,  would  most  probably  be 


£7    10 
3      2 

0 
8 

18 

0 

1    10 

0 

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  disabilHies  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  peopjle  of  the 
State  solely.— Art.  IV  of  the  Declaration  of  Rights. 

V.  N'o  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. — iSec.  vi  of  Plan  or  Frame  of  Gov- 
ernment. 

VIII.  Provisions  against  the  hasty  enactment  of  laws  of  a  pmblic  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,  171-6,  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  IN'ovember  when  the  Constitution  was  "com- 
piled" according  to  Mr.  Allen's  account  above. 


First  ConstUutio7i — Introduction.  85 

To  the  end  that  hiws,  before  they  are  enacted,  may  be  more  maturely 
considered,  and  the  inconvenience  of  hasty  determinations  as  much  as 
possible  prevented,  all  bills  Avhich  originate  in  the  Assembly  shall  be 
laid  before  the  Governor  and  Council,  lor  their  revision  and  concurrence 
or  i)roposals  of  amendment  ;  wlio  .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  ]>o\ver  of  the  Gov- 
ernor and  Council  to  suspend  the  ]iassage  of  such  l)ills  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  Assemblv,  with  writ- 
ten proposals  of  amendment,  within  live  days,  or  before  the  rising  of  the 
Legislature,  the  same  shall  l)ecome  a  law. 

Amendments,  1708  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  re\\-:Etrd  to  bring 
f(jrward  or  advocate  any  bill,  &c.,  or  advocate  any  cause  as  counsel  in 
either  house  except  w^hen  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  b}'  the  amendments  of  1703, 
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- 
sai'y  is  a  comparison  of  the  original  Constitution,  in  this  volume  follow- 
ing, withj^the  existing  Constitution  and  amendments  above  indicated, 
and  those  found  in  the  General  Statutes  of  Vermont,  and  in  the  Vt.  Legis- 
lative Directory  since  LS70. 

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  HasweH'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  178(3  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  pulilished 


86  First  ConUitution — Introduction. 

with  the  Constitution  in  the  Revised  Statutes  of  the  succeeding  year,  1787. 
The  next  Convention  w^as  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  17iJ3  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 
amicabl}'  settled,  a  generous  courtesy  doubtless  dictated  the  supjiression 
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  lor  much  more 
than  half  a  century  should  be  recorded. 

The  Origin  of  the  Constitution. 

As  the  Constitution  of  Vermont  was  almost  a  copy,  verhatim  et  litera- 
tim, of  the  Pennsylvania  Constitution  of  1776,  it  will  be  at  least  a  mat- 
ter of  interest  to  all,  and  perha])S  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,^  in  the  year  of  our  Lord 
one  thousand  six  hundred  and  eighty-two."  Daniel  Ciiipman  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  afiairs  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. 

*  March  was  the  first  month  of  the  year  among  the  Romans  :   and 
even  in  England,  until  1752,  the  legal  year  began  on  the  26"'  of  March. 
'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  j-ear.  The  seventy-two  CuuncilhMs  were 
divided  into  lour  eonunittees  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  i)roviiH'ial 
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  asseml)ly,  hereafter  mentioned,  all  bills,  which 
they  shall,  at  any  time,  think  lit  to  be  passed  into  laws,  within  the  said 
province,  which  bills  shall  be  published  and  athxed  to  the  most  noted 
places,  in  the  inhabited  i)arts  thereof,  thirt}'  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 
pi'eparation  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  Sees,  rii  and  xviri  of  the  Plan  or 
Frame. 

IX.  That  the  governor  and  provincial  council  shall,  at  all  titnes,  have 
the  care  of  the  peace  and  safety  of  the;  province,  and  that  notliing  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-S,  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  scliools,  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  Irom  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  seenieth  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.'" 

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  tlieir  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  179.3. 

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 
ot  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 

portancc,  shall  be  resolved  and  detormiiKMl  by  tlu'  ballot ;  and  unless  on 
sudden  and  indispensable  occasions,  no  business  in  provincial  council  or 
its  respective  committees,  shall  be  linally  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,  sliall  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  elfect  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 
Vei'mont  no  amendment  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  fii'st  Constitution  of  Ver 
mont. 


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  communitv,  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  g(jvernment  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 
jirotection  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  ancl  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  JSTew- 
Hampshire ;  and  the  former  Governor  thereof,  viz.  his  Excellency  Ben- 
ning  Wenttvorth,  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  JSfew  York,  with  others,  did,  in 
violation  of  the  tenth  command,  covet  those  very  lauds  ;  and  by  a  false 
representation  made  t(i  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  tlipir  landed  projiorty,  which  Avill  ajipear  in  the  oomiilaints  herr- 
affer  inserted,  and  in  tlie  Stilli  section  of  tlicir  present  constitntion,  in 
which  is  estahlislied  tlie  grants  of  land  made  by  lliat  trovetnnient 

They  have  refused  to  make  re-grants  of  our  lands  to  the  original  pro- 
prietors and  occujiants,  unless  at  the  exorbitant  rate  of  "ioOO  dollars  fees 
for  each  township  ;  and  did  enhance  the  (juitrent,  three  fold,  and  de- 
manded an  immediate  delivery  of  the  title  derived  before,  from  New- 
Hampshire. 

Tlie  judges  of  their  8Ui)reme  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  b}-  tliem  issued,  and  the  sheriff  of  the  county  of  Albany  sent,  at 
the  head  of  six  or  seven  hundred  men,  to  enforce  the  execution  tliereof. 

They  have  passed  an  act,  annexing  a  jjenalty  thereto,  of  thirty  pounds 
fine  and  six  months  imprisonment,  on  any  ])crson  who  should  rei'use  as- 
sisting the  sheiilf,  after  being  requested,  for  the  purpose  of  executing 
writs  of  possession. 

The  Governors.  Dunmore,  Tryon  and  CoJdcn,  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  exjn-ess  prohibition,  in  the  year  1707. 

The}^  have  issued  proclamations,  wherein  they  have  oftered  large  sums 
of  money,  for  the  purpose  of  apprehending  those  very  persons  who  have 
dai-ed  boldly,  and  publicly,  to  appear  in  defence  of  their  just  rights. 

The}^  did  pass  twelve  acts  of  outlawry,  on  the  Dth  day  of  March,  A.  D. 
1774,  impovvering  the  respective  judges  of  their  supreme  court,  to  award 
execution  of  death  against  those  inhabitants  in  said  district  that  the}' 
should  judge  to  be  otienders,  without  trial. 

They'have,  and  still  continue,  an  unjust  claim  to  those  lands,  which 
greatly  retards  emigration  into,  and  the  settlement  of,  this  Stale. 

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- 
ler,  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  ibis  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  iu 
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  lift}-  miles  from  the  seat  of 
that  government,  which  renders  it  extream  dithcult  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,  hencetbrth,  a  free  and  inde- 
pendent State  ;  and  that  a  just,  permanent  and  proper  form  of  govern- 
ment, should  exist  iu  it,  derived  from,  and  founded  on.  the  authority  of 
the  people  only,  agreeable  to  the  direction  of  tlie  honorable  American 
Congress. 


92  First  Constitution. 

We  the  representatives  of  the  freemen  of  Vermont,  in  General  Con- 
vention met,  for  tlie  ex]n-ess  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  ]iermitting  the  people  of  this 
State,  hy  common  consent,  and  without  violence,  deliberately  to  form  for 
themselves,  such  just  rules  as  they  shall  think  best  for  governing  their 
future  society  ;  aiul  being  fully  ctmvinced  that  it  is  our  indispensable 
duty,  to  establish  such  original  principle's  of  government,  as  will  best 
promote  the  general  happiness  of  the  peojile  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  Cojimon  wealth, 
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. 

CHAPTEE  I. 

A  declaration  of  the  PaOHTS  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  ol^taining  happiness  and  safety. 
Therefore,  no  male  2)erson,  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  lav:,  for  the 
payment  of  debts,  damages,  fines,  costs,  or  the  like} 

^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: 

AK  ACT  to  prevent  the  sale  and  transportation  of  IsTegroes  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  inestimable 
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.  98 

II.  That  private  property  ought  to  be  subservient  to  public  uses,  when 
necessiti/  requires  it  ;  ))cvcrthrless.  wheuci;,-  ami  particular  7nans  properly 
ii  taken  for  the  use,  of  the  public,  the  owner  ought  to  receive  an  equivalent  in 
money} 

III.  That  all  men  have  a  nalural  and  unalienable  riirht  to  worship 
Almighty  God.  aceoidintr  1o  the  dictates  of  their  own  consciences  and 
understanding,  reijulated  by  the  word  of  God  :  and  that  no  man  ought, 
or,  of  right,  can  be  compelled  to  attend  any  religious  worship,  or  erect, 
or  supjiort  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  jusHy  dejirived  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,  etc.,  that  if  any  person  shall,  hereafter,  make 
sale  of  anj-  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  otiending,  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  b}'  action  of  debt,  complaint  or 
inlormation. — 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  cai^tor,  under 
a  resolve  of  Congress,  to  dispose  of  prizes  taken,  in  war,  as  well  as  on 
the  good  conscience  of  Capt.  Allex,  and  of  the  men  under  his  command. 
It  is  as  follows: 

Hkad  QuAr.TERS,  Pollet,  28i''  Noveml)er.  1777. 
To  whom  it  may  concern  knoiv  ye 

Whereas  Dinah  Mattis,  a  negro  woman  with  !N'ancy  her  child  of  two 
months  old  was  taken  prisoner  on  Lake  Champhiiii  with  the  British 
troops  somewhere  near  Col.  Gilliner's  patten  [patent]  the  twelfth  day  of 
instant  November  by  a  scout  under  my  command,  and  accoiding  "to  a 
resolve  passed  b}'  the  honorable  the  Continental  Congress  that  all  prizes 
belong  to  the  captivators  thereof^— therefore  she  and  her  child  became 
the  just  properly  of  the  captivators  thereof— I  being  conscientious  that 
it  is  not  right  in  the  sight  of  God  to  keep  slaves — 1  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  becoineth,  and  to  trade  and  to 
traffic  for  herself  and  child  as  thougli  she  was  l)orn  free;,  without  being 
molested  by  any  person  or  persons. — In  witness  whereunto  I  have  set  my  / 
hand  or  subscribed  my  name.  Eukxezei^  Allex,  Cap>t.     — ' 

Bennixgtox  Town  Clerk's  Office,  July  26, 1870. 
I  certify  that  the  foregoing  is  truly  copied  from  Book  No.  ;{  of  said 
town  records,  recorded  by  Moses  Robinson  when  town  clerk. 

D.  F.  Squikes,  Town  Clerk. 

See  Vt.  Historical  iSoc.  Collections,  vol.  i,  p.  219. 

^  The  parts  in  Italic  are  the  additions  to  or  changes  (often  of  name 
simply,)  in  the  Constitution  of  Pennsylvania  of  1770,  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  exercise  of  reli- 
gious worship  :  nevertheless,  ecery  sect  ov  denomination  of  people  ought  to 
observe  the  Sahhath,  or  the  Lord's  day,  and  keep  up,  and  support,  sotne  sort 
of  religions  worship^  luMch  to  them  shall  seem  most  agreeable  to  the  revealed 
will  of  God.'- 

TV.  That  the  people  of  this  State  have  the  sole,  exclusive  and  inlierent 
right  of  governing  and  regulating  the  internal  police  of  the  same. 

V.  That  all  power  being  originally  inhin-ent  in,  and  consequently,  de- 
rived from,  the  ))eoi)le  ;  therefore,  all  otticers  of  government,  whether 
legislative  or  executive,  are  their  trustees  and  servants,  and  at  all  times 
accountable  to  them. 

YI.  That  government  is,  or  ought  to  be,  instituted  for  the  common 
benefit,  prolection,  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 
tliat  communily,  judged  most  conducive  to  the  public  weal. 

VII.  That  those  who  are  employed  in  the  legislative  and  executive 
business  of  the  State,  maybe  restrained  from  oppression,  the  people  have 
a  right,  at  such  periods  as  they  may  tliink  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  tiiat  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  liis  legal  representatives; 
nor  can  any  man  who  is  conscientiously  scru])ulous  of  bearing  arms,  be 
iustly  compelled  thereto,  if  he  will  pay  such  equivalent;  nor  are  the 
people  br)und  by  any  law,  but  such  as  they  have  in  like  maimer,  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  jui-y  of  the 
country;  without  the  unanimous  consent  of  which  jury  he  cannot  be  found 
guilty;  nor  can  he  be  compelled  to  g-ive  evidence  against  himself;  nor 
can  any  man  be  justly  deprived  of  his  libei-ty,  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  lor  them,  and  whereby  any  officer  or  messenger  may  be  com- 


'See  Appendix  E. 


First  Constitution.  96 

mandcd  or  rer|uii'Ofl  to  sonrcli  suspected  jilaces,  or  to  seize  any  person  or 
persons,  his,  her  or  their  jiroperty,  not  particularly  described,  are  cou- 
trarv  to  that  rij^ht,  and  ou2;ht  not  to  be  granted. 

XII.  That  no  warrantor  writ  to  attach  the  person  or  estate  of  ani/ free- 
holder within  this  state,  sJialJ  be  issued  in  civil  action,  without  the  ]hers(ni  or 
persons,  who  ma>j  request  such  warrant  or  attachment,  first  )nakeoath.  or  af- 
firm, before  the  authority  who  mat/  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  b}^  jur}'  i  ^^'lich  ought 
to  be  held  sacred. 

XIY  That  the  jDcople  have  a  right  to  freedom  of  speech,  and  of 
writing  and  publishing  their  sentijiients  ;  therefore,  the  freedom  of  the 
press  ought  not  to  be  restrained. 

XV.  That  the  people  have  a  right  to  l)ear  arms  for  the  defence  of 
themselves  and  the  State  ;  and,  as  standing  armies,  in  the  time  of  peace, 
are  dangerous  to  libert}-,  tbey  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  princi])les,  and  a  firm 
adherence  to  justice,  moderation,  temperance,  industry  and  frugality,  are 
absolutely  necessary  to  ]ireserve  the  blessings  of  liberty,  and  keep  gov- 
ernment free.  The  people  ought,  therefore,  to  pa}'  particular  attention 
to  these  points,  in  the  choice  of  otlicers  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  ])urchase, 
whenever  they  think  that  thereby  they  can  promote  ther  own  haj)piness. 

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. 

SECTIOX  I. 

The  Commonwealth  or  State  or  VERMONT,  shall  be  governed 
hereafter,  by  a  Governor,  Deputy  Governor,  Council,  and  an  Assemlily 
of  the  Representatives  of  the  Freemen  of  the  same,  in  manner  and  form 
following. 

RKCTION  ir. 

The  supreme  legislative  power  shall  be  vested  in  a  House  of  Repre- 
sentatives of  the  Fi'eemen  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  he,  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  peo]ile,  the  right  of  choosing  their  colonels  of  militia,  and 
all  commissioned  officers  under  that  rank,  in  sucli  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, aufZ  who  is  of  a  quiet  and  peaceable  behaviour,  and  will  take  the 
followimj  oath  (or  affirmation.)  shall  be  entitled  to  all  the  privileges  of  a 
freeman  of  this  State. 

1 snlenuilff  srcear,  by  the  ever  living  God,  for  affirm  in  the 

presence  of  Almifjhty  God, J  that  ivhenever  lam  called  to  give  my  vote  or 
suffrage,  touching  any  matter  that  concerns  the  State  of  Vermont,  1  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  foi-eigncr 
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  membei'S  of  the  House  of  Representatives,  shall  be  chosen  annu- 
all}',  by  ballot,  by  the  frcsemen  ot  this  State,  on  the  first  Tuesday  of  Sep- 
tember, forever,  (except  this  present  yeai-)  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  Si)eaker,  Secretai'y  of  the  State,  llieir  Clerk, 
and  other  necessary  officers  of  the  house — sit  on  their  ownadjourunients 
— prepare  bills  and  enact  them  into  laws — ^.I'udge  of  the  elections  and  quali- 
cations  ot  their  own  members — they  may  expel  a  member,  but  not  a 
second  time  for  the  same  cause — They  may  administer  oaths  (or  affirma- 
tions) on  examination  of  witnesses — redress  grievances — impeach  State 
criminals — grant  charters  of  incoi-poration — constitute  towns,  bofoughs, 
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.' 


'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  ofthe  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  jjroceed  to  i)usiness,  take  and 
subscribe,  as  well  the  oath  of  tidelity  and  allegiance  herein  alter  directed, 
as  the  following  oath  or  atHrmation,  viz. 

I do  solemnly  swear,  by  the  ever  living  God,  (or,  1  do 

solemnly  affirm  in  tlie  presence  of  Almighty  God)  that  as  a  member  of 
this  assembly,  I  will  not  pi'opose  or  assent  to  any  bill,  vote  or  resolution 
which  shall  appear  to  me  injurious  to  the  people  ;  nor  do  or  consent  to 
anv  act  or  thing  whatever,  that  shall  have  a  tendency  to  lessen  or  abridge 
tlieir  rights  and  jirivileges,  as  declared  in  the  Constitution  of  this  IStati^  ; 
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  lakes  his  seat,  shall  make  and  subscribe 
the  following  declaration,  viz. 

1  do  believe  in  one  God,  the  Creator  and  Governor  of  the  universe, 
the  rewarder  of  the  good  and  i)unishcr  of  the  wicked.  And  I  do  ac- 
knowledge the  scriptures  of  the  old  and  new  testament  lo  be  giv(»n  by 
divine  inspiration,  and  own  and  profess  the  jjrotestant  reliylon. 

And  no  further  or  other  leiigious  test  shall  ever,  hereafter, be  reciuired 
of  any  civil  officer  or  magistrate  in  this  State. 

SECTIo.X  X. 

Delegates  to  represent  this  State  in  Congress  shall  be  chosen,  by  ballot, 
by  thefuture  General  Asseml)ly,  at  their  lirst  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  le-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  Asseml^ly,  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  Geneial  Assembly,  as  fully  and  amply  as  if  tlie 
whole  w^ere  present. 

-IX'TION  xn. 

The  doors  of  the  house  in  whicli  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  bt-have  decently,  except  only,  when 
the  welfare  of  this  State  may  require  the  doors  to  be  shut. 

SKCTIOX    XIII. 

The  votes  and  proceedings  of  the  General  Assembly  shall  be  printed, 
weekly,  during  their  sitting,  with  the  yeas  and  nays,  on  any  question, 
vote  or  resolution,  where  one  third  of  the  members  recjuire  it  ;  (except 
when  the  votes  are  taken  by  ballot)  and  when  the  yeas  and  nays  are  so 
taken,  every  meml)er  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  matuiely 
considered,  and  the  incouveuiency  of  hasty  determination  as  nmch  as 


98  First  Constitution. 

possible  pipvented,  all  bills  of  public  nature,  shall  he  first  laid  hefore  the 
Governor  and  Council,  for  their  perusal  and  proposrds  of  amendment,  and 
shall  he  printed  for  the  consideration  o/  the  people,  hefore  they  are  read  in 
General  Assenihli/  for  the  last  time  of  dehate  and  amendment ;  except  tem- 
porary acts,  'which,  after  heing  laid  hefore  the  Governor  and  Council,  may 
(in  case  of  sudden  necessity)  he  passed  into  laws  ;  and  no  otlier  shall  be 
jiassed  into  laws,  until  the  next  session  of  assembly.  And  for  the  more 
perfect  satisfaction  of  the  public,  the  reasons  and  motives  tor  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." 

(•ECTION  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  eiglity  taxable  inhabitants,  within  one  septenary  or 

'  It  is  obvious  that,  in  accordance  with  this  section,  the  first  session  of 
the  General  Assembly,  March  177<S,  could  have  passed  such  public  acts 
only  as  "  the  sudden  necessity "  of  the  time  required.  Of  these  some 
w^ere  temporary,  to  stand  vmtil  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  ])laces  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  \i^\'v  others,  ])robably  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  apjiointed  to  make  copies  for  each  town  in  Cumber- 
laud  county.     Western  Vermonters  could  find  the  acts  at  Bennington. 


First  Consiitntion.  99 

seven  years,  next  after  the  establishins  this  constitution,  may  hold  elec- 
tions therein,  and  choose  each,  two  representatives  ;  and  each  other  in- 
habited town  in  this  State  niny,  in  like  manner,  choose  each,  one  repre- 
sentative, to  represent  them  in  General  Assemi^Iy,  dnrini;  the  said  se|)- 
tenary  or  seven  years  ;  and  after  that,  each  inhabited  town  may,  in  like 
manner,  hold  such  election,  and  choose  each,  one  representative,  forevei 
thereafter. 

SKCTION    XVII. 

The  Supreme  Executive  Council  of  this  State,  shall  consist  of  a  Gov- 
ernor, Lieutenant-Governor,  and  twelve  jiersons,  chosen  in  the  iollowing 
manner,  viz.  The  Freemen  of  each  town,  shall,  on  the  day  of  eU-clion 
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  Avrite  on  them,  votes  for  the  Governor,  and 
deliver  them  to  llie  represent:iliv(^  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,  find  Assembly,  who,  after  being 
duly  sworn  to  the  faithl'ul  discharge  ot  iheir  trust,  shall  proceed  to  re- 
ceive, sort,  and  count,  the  voles  (or  tlie  Governor,  and  declare  thei)erson 
who  has  the  major  ])art  of  the  votes,  to  he  (Jo\-ernor,  for  the  year  en- 
suing. And  if  there  be  no  choice  made,  then  the;  Coun<'il  and  General 
Assembly,  by  their  joint  ballot,  shall  miike  choice  of  a  (iovernor. 

The  Lieutenant  Governor  and  Treasurer,  shall  be  chosen  in  the  man- 
ner above  directed;  and  each  freeman  shall  give  in  twelve  voles  lor 
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  suj)- 
ply  the  jdace  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  })lace  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  Assemtjly,)  agreeable  to  this  frame  of  govern- 
ment, and  tile  laws  that  may  be  made  hereafter  ;  and  shall  supply  everj^ 
vacancy  in  any  office,  occasioned  by  death,  resignation,  removal  or  dis- 
qualilication.  until  the  office  can  be  filled,  in  the  time  and  manner  di- 
rected by  law  or  this  constitution.  They  are  to  corresi)ond  with  other 
States,  and  transact  business  with  officers  of  government,  civil  and  mil- 
itary ;  and  to  jjrepare  such  business  as  may  appear  to  Iheni  necessary  lo 
lay  Ijefore  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  poAver  to  grant  par- 
dons, and  remit  lines,  in  all  cases  whatsoever,  except  cases  of  impeaih- 
ment,  and  in  cases  of  treason  and  murder — shall  have  power  to  grant  re- 
prieves, but  not  to  ])ardon,  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 

'  Meaning  the  Council  of  Safety. 

^  Meaning  the  Supreme  Executive  Council  created  by  the  first  clause  of 
this  section. 


loo  First  Constitution. 

care  thai  the  laAvs  be  faithfully  executed.  They  are  to  expedite  the  exe- 
cution of  such  measures  as  may  be  resolved  upon  by  General  Assembly  ; 
and  they  may  di'aw  upon  the  Treasurer  for  such  sums  as  may  be  appro- 
priated by  tile  House  :  they  may  also  lay  embarfjoes,  or  prohitnt  the  ex- 
portation of  any  commodity  for  any  time,  not  exceeding  thirty  dnys,  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- 
sembl}',  when  necessary,  before  the  day  to  which  they  shall  stand  ad- 
journed. The  Governor  shall  be  commander  in  chief  of  the  fcu'ces  of 
"the  State  ;  but  shall  not  command  in  person,  except  advised  thereto  by 
the  Council,  and  then,  only,  as  long  as  they  shall  aiij.rove  thereof.  The 
Governor  and  Council  shall  have  a  Secretary,  and  keep  lair  books  of 
their  nroceedings,  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 
VermonU  sealed  with  the  State  seal,  signed  by  the  Governor,  and  in  his 
absence  th(;  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  bebefore  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- 
nion}^  obtaining  evidence  from  places  not  within  this  State,  and  the  care 
of  persons  aiid  estates  of  those  who  are  non  comxjotes  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,  aud  return,  or  appointment,  of  juries. 

SECTION   XXIII. 

All  courts  shall  be  open,  and  justice  shall  be  impartially  administered, 
without  corrui)tion  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  authorit}  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  XXX. 

The  person  t)f  a  debtor,  where  there  is  not  a  strong  presumption  of 
fraud,  shall  not  be  continued  in  prison,,  after  delivering  up,  bona  fide.,  all 


First  Constitution.  101 

his  estate,  real  and  personal,  for  tlie  use  of  his  creditors,  in  such  man- 
ner as  shall  be  hereafter  regulated  b}'  law.  All  prisoners  sliall  be  l)ail- 
able  by  sufficient  securities,  unless  for  capital  ofl'ences.  when  the  proof  is 
evident  or  presumption  great. 

SECTION  XXVI. 

Excessive  bail  shall  not  be  exacted  for  bailable  oftences  ;  and  all  lines 
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,  tlu;  free- 
men in  each  county  respectively,  sliall  have  the  lilierty  of  choosing  the 
judges  of  inferior  court  of  common  pleas,  sherilf,  justices  of  the  peace, 
and  judges  of  probate,  commissioned  ))y  the  Governor  and  Council, 
during  good  behavior,  removable  by  the  General  Assembly  u[)on  pi'oof 
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  chara(;ter. 

SECTION  XXIX. 

All  elections,  whether  bj'  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  sulTer  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  tlie  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  ])rofession,  calling,  trade  or  farm, 
whereby  he  may  honestly  subsist,  there  can  be  no  necessity  for,  nor  use 
in,  establishing  offices  of  profit,  tlie  usual  etlects  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  lung  duration,  and  to  make  sanguinary  punish- 


102  First  Constitution. 

ments  less  necessary;  houses  ought  to  be  provided  for  punishing,  by 
hard  hibor,  tliose  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  1  will  be  true  and  faithful  to 
the  State  of  Vermont;  and  that  1  will  not,  directly  or  indirectly,  do  any 
act  or  thing,  prejudicial  or  injurious,  to  the  constitution  or  government 
thereof,  as  established  by  Convention.''' 

The  Oath  or  Affirmation  of  Office. 

"  I do  solemnly  swear  by  the  ever  living  God,  (or 

affirm  in  presence  of  Almighty  God)  that  I  will  laithfuUy  execute  the 
office  of for  the  of ;  and  will  do  equal  right  and  jus- 
tice to  all  men,  to  the  best  of  my  judgment  and  abilities,  according  to 
law." 

SECTION  XXXVII. 

No  public  tax,  custom  or  contribution  shall  be  imposed  upon,  or  paid 
by,  the  people  of  this  State,  except  b}-  a  law  for  that  purpose;  and  before 
any  law  be  made  for  raising  it,  the  purpose  foe  which  any  tax  is  to  be 
raised  ought  to  appear  clear  to  the  legislature  to  be  of  more  service  to 
the  comuuuiity  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  lirst  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  i-ights  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  iiunt  and  fowl, 
in  seasonable  times,  on  the  lands  they  lnjld,  and  on  other  lauds  (not  en- 
closed ;)  and,  in  like  manner,  to  tisli  in  all  boatable  and  other  waters,  not 
private  jn-operty,  under  proper  reyulations,  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  k)W  prices.  One  gram- 
mar school  in  each  county,  and  one  university  in  this  State,  ought  to  be 
established  by  direction  (^f  the  General  Assembly. 

SECTION  XLI. 

Laws  for  the  encouragement  of  virtue  and  prevention  of  vice  and  im- 
moralit}^,  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  hereaftor  united  and  incorporated,  for  tlic  ad- 
vancement of  religion  and  learning,  or  for  other  pious  and  charitable 
purposes,  shall  be  encouraged  and  protected  in  tbe  enjoyment  of  the 
privileges,  immunities  and  estates  which  they,  in  justice. Ought  to  enjoy, 
under  such  regulations,  as  the  General  Assembly  of  this  State  shali  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  oi-der  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 
hundi'ed  a'nd  eighty-five,  and  on  the  lust  Wednesday  in  March,  in  every 
seven  years  thereafter,  thirteen  persons,  who  shall  be  choiscn  in  the  same 
manner  the  council  is  choseti — 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  sliall  be  a  quorum  in  every  cnse,  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  ))art  ;  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  fhe  public  monies  have  been  disposed  of,  and  whether  the  laws 
have  been  duly  executed.  For  these  purposes  they  shall  have  ]Knver  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  princii)les  of  the  constitution.  These  powers  they  shall 
continue  to  have,  for  and  during  the  space  of  one  year  from  the  dav  of 
their  election,  and  no  longer.  The  said  Council  oi  Censors  shall  also 
have  power  to  call  a  Convention,  to  meet  within  two  years  alter  theii-  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 
ma}'  be  thought  not  clearly  expressed,  and  of  adding  such  as  are  neces- 
sary for  the  preservation  of  the  rights  and  hap])iness  of  the  pet)ple  ;  but 
the  articles  to  be  amended,  and  the  amendments  proposed,  and  such  ar- 
ticles as  are  pro])osed  to  1)e  added  or  al)olished.  shall  be  promuIga1c(|  at 
least  six  months  before  the  day  ajipointed  for  the  election  of  such  con- 
vention, for  the  previous  consideration  of  the  i)eo])le.  that  they  may  have 
an  opportunity  of  instructing  their  delegates  on  the  subject. 


COUNCIL  OF  SAFETY 


or   THE 


STATE  OF  VERMONT, 


JULY  8,  1777— MARCH  12,  1778. 


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  tlie  State  of  Vermont  from 
Januar}'  1776  [to]  the  lo^''  August  1777,  during  which  time  Col"  Ira 
Allen  was  Secretary  and  has  the  Minutes  of  s*^  Council  in  his  posses- 
sion. 

Certified  by  JosErn  Fay,  Sec'y. 

March  18ti>,  1788. 

It  is  evident,  therefore,  that  the  official  record  is  imperfect,  in  tliat  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  22''    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  pajier,  and  it  is  most  probable  that  it  was  un- 
bound except  by  stitcliing.  Books  of  that  sort  were  probably  used  for 
several  yeai'S.  Other  evidence  is  founl  that  the  early  recDrds  i>f  the 
Council  of  Safety,  of  the  Conventions,  of  the  Governor  and  Couucil, 
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  Docf-  Jonas  Fay,  Col"-  Moses  Robinson  and  Captain  Ira 
Allen,  Esqrs-  be  and  they  are  hereby  appointed  a  committee  to  Iiis])ect 
into  the  votes  or  doings  of  the  several  Conventions  from  [l)lank  for  the 
insertion  of  dates]  Together  with  tiie  doings  of  tiie  C'ouuci]  of  Safety, 
the  present  Council  and  house  of  Representatives,  and  put  tlieni  in  Reg- 
ular order,  and  Record  them  in  Books  for  liiat  [)urpose. 

It  will  be  seen  that  the  official  record  of  the  Council  of  Safety  is  not  a 
regular  journal  of  daily  pi'oceedings,  but  simply  a  recoi'd  of  "  voles  or 
doings,"  in  resolves,  orders,  letters,  &c.,  the  preservation  of  which  was 
deemed  desirable.     It  would  l)e  impossible  to  recast  the  record  in  the 


108  Council  of  Safety — Introduction. 

form  of  a  journal;  but  the  various  proceedings  recorded  maybe  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  i-ecovered, 
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  prepai^ed  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  ot'  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  comraissionate  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 

*  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. 

*  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  oflioe,  occasioned  by  dcalh,  resignation,  removal,  or  <lis- 
qualificalion.  until  the  office  can  be'filled.  in  the  time  and  manner  direct- 
ed by  law  or  this  constitution.  Tliey  are  to  correspond  with  other  Stntes, 
and  transact  business  with  officers' of  government,  civil  and  military; 
and  to  prepare  such  business  as  may  a])pear  to  them  necessary  to  lay  b"e- 
f  jre  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  sliall  have  ])<)wer  to  grant  pardons, 
and  remit  fines,  in  all  cases  whatsoever,  except  cases  of  impeachnu'nf, 
and  in  cases  of  treason  and  murder — shnll  have  power  to  grant  rejjrieves, 
but  not  to  pardon,  until  the  end  of  the  next  session  of  the  Assi  inblv  : 
but  there  shall  be  no  remission  or  mitigation  of  i)unisliment,  on  impeaeh- 
ments,  except  by  act  of  legislation.  They  are  also  to  take  care  th:it  the 
laws  be  faithfully  executed.  They  are  to"exi)edite  the  execution  of  such 
measures  as  may  be  resolved  upon  by  General  Assembly  ;  and  they  may 
draw  upon  the  Treasurer  for  such  sums  as  niny  ])e  ai)pro])riale(l  by  the 
House  :  they  may  also  lay  embargoes,  or  prohibit  the  exportation  of  any 
commodity  for  any  time,  not  exceeding  thirty  days,  in  the  reces.s  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  iidjourned.  The  (Jovernor 
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  (iovernor  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.' 

Jacob  Bayley,  of  Newluu-y. 

Benjamin  Carpenter,  of  Guilford,  [from  Dec.  24,  1777,  in 

place  ot  Benj.  Spencer,  of  Clarendon,  Tory.] 
Thomas  Chittenden,  of  Williston.' 
Jeremiah  Clark,  of  Shaftsbury— [  probably.] 
Xathan  Clark,  of  Bennington. 
Jonas  Fay,  of  Bennington. 
Joseph  Fay,  of  Bennington. 
Mattheav  Lyon,  of  Arlington — [probably.] 
Moses  Kobinson,  of  Bennington. 
Paul  Spooner,  of  Hartland. 

officers. 


TH03IAS  CniTTKNDEN,  President. 
Jonas  Fay,  Vice  President. 
Ira  Allen,  to  Sept.  6, 1777, 
Joseph  Fay,  Sept.  6, 1777,  to  March 


12.  1778  j^^'^'"''"'"^- 


^  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  ali)habetical  order  puts  tirst  on 
this  Roll  of  Honor  two  brothers  out  of  five  wlio  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  tlie  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  1032,)  and  Windsor,  Conn.,  (in 
IGSC),)  descended  the  six  sons  of  Joseph  Allen  of  Litchfield  and 
Coventry,  Conn.,  to  wit :  Gen.  Ethan,  Capt.  Heman,  Maj.  ITeber, 
Lieut.  Levl  Zimiu,  and  Col.  IiiA  ;  and  also  Hon.  Heman  Allen,  of 
Colchester,  son  of  Maj.  Heber  Allen.  This  Heman  was  called  "Chili 
Allen,"  to  distinguish  liim  from  other  two  Ilemans.  From  Matthew  Al- 
len, a  brother  of  the  ancestor  of  Joseph  the  father  of  Ethan,  &c.,  de- 
scended Major  Ebenezer  Allen  of  Tinniouth  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  Rismember  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,  17."j7.  She  was  sister  of  Remember 
Baker  the  father  of  Ca))t.  Remember  ]3aker  who  was  born  June  1737  at 
Woodbury,  [Conn.]  and  killed  near  Canada  line  Aug  22^  1775.  Joseph 
and  Mary  Allen's  children  were — 

[Gen.]  Ethan— born  at  Litchfield,  Conn.,  Jan>'  10,  1738,  married  Ma- 
ry Brownson  of  Roxbury  June  23,  1702,  [who  died  at  Sunderland  early 
in   the   year   1783,^  and  was  buried  in  the  north  cemetery,  which   had 

^  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  llie  town  l)v  Ira  Allen. —  Yt.  I  fist.  Man.  ^■'•'-  i'  VP-  I"'""'-  -•^••• 
Married,  Fel).  9,  1784.  Mrs.  Frances  [Lydia,  Fann\',]  Buelianan,'  widow 
of  a  British  otliecr  and  daughter  of  Maigarel  Montuzan,  who  was  second 
wife  of  the  notorious  toi-v,  Crcan  Urusii. — Ed.^^leru  Veniiont,  pp.  (i()4 
6-29:  Vt.  Hist.  Mag.,  vo].  i]i.7M.]  IFc  died  Fcl.v  1:5  [or  12]  17S9,  at 
Burlington. 

[Capt.]  IIkman— horn  at  Cornwall,  Conn.,  October  15,  1740;  died  May 
18,  1778.— I.  Alknrs  Illston/,  p.  101,  in  Vt.  Hist.  Soc.  Coll.,  vol.  i,  i). 
388.] 

Lydia — -born  at  Cornwall,  Conn.,  April  (i,  1742.  [Married  a  Mr.  Fincb, 
and  lived  and  died  in  Goshen,  Conn. —  Vt.  Hist.  Ma(j.,Vi)l.  I,  p.  oGL] 

[Maj(n-]  IIebeh— born  at  Cornwall,  Conn.,  Oct.  4. 174;{.  [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.  IIkman  Allkn 
of  Colchester  was  born  in  Poultney,  Feb.  23,  1779,  was  niend)er  of  (Con- 
gress in  1817-18,  and  resigni'd  in  tiie  latter  year  to  accept  the  otlice  of  U. 
S.  Marshal  for  the  District  of  Yerniont  He  was  appointed  Minister  to 
Chili  by  President  Monroe  in  182;5,  resigned  that  oftice  in  1828,  and  died 
at  Highgate,  Ajiril  9,  1852. — See  Dictinnari/  of  Coiiyregs,  and  Vt.  Hist. 
Mag.,  vol.  I,  p.  764.  Heman  Allkx  of  Milton  imd  Burlington  was  of 
another  line  of  the  same  Allen  Family,  son  of  Enoch  Allen,  born  at 
Ashfield,  Mass.,  June  14,  1777.  He  was  a  membei-  of  Coni^i-ess  eight 
years,  1827-29  and  1833-39,  and  died  at  Burlington  Dec  11,  1,S44.— j5ic- 
tionary   of  Congress.,  and    Vt.   -ffisi.  Jiay.,  vol.  i,  ])p.  ()06-8,  840.] 

[Lieut.]  LEVi^born  at  CoruAvall,  Ctnin,  July  10,  1745.  [  Die-i  in  Bui- 
lington  in  1801. —  Vt.  Hist.  Mag.,  vol  i,  p.  502.] 

Lucy — born  at  Cornwall,  Conn.,  April  2, 1747.  [  Married  a  Dr.  liebee, 
and  lived  and  died  in  Shertield,  Mass. — Vt.  Hist.  Mag.,  vol.  i,  p.  561.] 

ZiMRi— born  at  Cornwall,  Conn.,  Dec.  14,1748.  [Died  at  Sheffield, 
Mass.— Fi.  Hist.  Mag.,  vol.  r,  p.  562.] 

[Col.]  Ira,  (the  youngest)— born  [at  Cornwall,  Conn,  April  21,  1751. 
Mari-ied  Jerusha,  daughler  of  Gen.  Robert  Enos,  and  had  tbree  chil- 
dred  :  Zimri,  who  died  at  Colchester,  Aug.  22,  1813,  aged  21  ;  Ira  H., 
who  died  at  Irasburgh,  April  29,  KSOtJ,  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  ii-religious  many  suppose  Ethan  Allen  to  have  been,  it  is 
clear  that  he  here  recognized  the  sublime  power  of  Chi'istiau  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.  i,  p.  567. 

^Frances  Buchanan  in  Eastern  Vermont;  Lydia  Buchanan  in  Vt.  Hist. 
Mag.,  vol.  I,  p.  567;  and  called  Fanny,  by  Ira  Allen  in  1809,  when  she 
was  the  wife  of  Jabez  Peunimau. 


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.  770-77().]' 

Of  the  six  sons  of  Joseph  Allen.  Zimri  seems  to  have  resided  in 
the  state  no  very  long  time — in  any  event,  he  is  not  named  in  history  ; 
and  Levi  vpas  never  a  permanent  resident.  He  vv^as  in  the  state  in  1775, 
and  served  as  lieutenant  on  the  Whig  side,  but  he  .soon  left  it  and  he- 
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  contiscated.^  In  1786  he  leturned 
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.' 
The  four  other  sons  rank  among  the  fathers  of  Vermont,  and  two  of 
them  with  the  most  eminent  Vernionters  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  landed  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- 

^  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  api)ears  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. 

"  Slade's  State  Papers,  p.  563. 

^  Vt.  Hist.  Sac.  Collections,  vol.  ir,  pp.  441,  445. 

*  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  attem})t- 
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  aud  bravery,  but  not  in  jjatriotism  and  judccmcni.  He 
was  eccentric  and  unstable — as  "the  rolling  stone  that  gathers  m)  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  wliich  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  ])lain  doth  ap])e:ir 

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  banter  and  jeer; 
Though  through  all  the  world  my  name  stands  enrolled 
Eor  tricks  sly  and  crafty,  ingenious  and  bold. 
There  is  one  consolation  which  none  can  deny 
That  there's  one  greater  rogue  in  this  woi-ld  than  I. 

Ethan  and  Ira. — "  Who's  that  ?"  they  both  cry  with  equal  surprise. 
Levi. — 'Tis  Ira  !  'tis  Ira  !  I  yield  him  the  jirize.' 

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  ])rison.  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  biilliant 
in  capacity  and  as  daring  in  enterprise  as  either  Ethan  or  Ira,  but  he 
was   "unstable  as  water,"  and  his  life  was  a  failure;  while  Ira  the  Ia.st 


»  Vt.  Hist.  Mag.,  vol,  j,  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  thi-ough  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  jjoverty,  and  was 
buried  in  a  stranger's  grave  with  no  stone  to  mark  the  spot.* 

BIOGRAPHICAL   NOTICES   OF   TUE    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  Setii  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 

*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  uff]  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 
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  tlie  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  Irct 
Allen,  pp.  13,  34. 


Council  of  Safety — Introduction.  115 

Jan.  177G  to  fix  the  basis  of  ropresentation  of  flu^  towns  in  Convention, 
of  the  committee  of  July  177G  to  treat  with  the  inh:iliil:ints  of  eastern 
Vermont,  and  of  Jan.  15, 1777,  to  prepare  tlie  ''Ueclaiaiidu  "  loi-  ilie  i)ress. 
He  was  also  in  tlie  list  of  the  first  agents  or  commissioners  appointed 
January  1776  to  present  the  case  of  Vermont  to  Congress,  and  was  aj)- 
pointed  to  the  same  olTice  in  January  1777.  lie  attended  u\)o\i  Congress 
in  177(5,  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  conlidi'nce  in  his 
judgment  than  tlu'y  .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  (juile  willing  to  stand  subordinate 
to  Hemau,  which  is  high  testimony  to  the  excellence  of  the  elder 
brother.  Hemau  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  x^llen  came  to  Vermont  '4n  1771,  when  21  years  of  age,"  says 
Hon.  David  Read,  but  in  fact  he  was  a  little  younger.  His  lirst  work  was 
for  ''  The  Onion  River  Land  Company,"  but  speedily  his  landed  interest 
drove  him  into  public  atfairs,  and  chiefly  in  the  controversy  with  New 
York.  In  July,  177o,  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  \evy  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,  jireparing  documents  for  the 
Conventions,  and  finally  conducting  the  diplomatic  correspondence  with 
Gen.  Haldimand.^    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 — Ika  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  liei'u  deceived  by 
designing  men,  and  that  some  prejudices  njinained  from  the  events  of 
the  revolution,  [Haldimand  Corresjiondence.]  by  which  means  designing 
men  could  the  easier  impose  on  Government  ;  but  these  frauds  have 
vanished  before  truth,  as  white  frost  lj(>fore  the  l)eams  of  the  rising  sun. 

Jt  is  recorded  in  sacred  writ,  "-That  a  Trophet  has  no  honour  in  his 
own  country  and  amongst  his  kindred."    I  have  much  reason^to  believe 


116  Council  of  Safely — Introduction. 

for  example,  with  New  Hampshire  on  the  projected  Unions,  or  in  enlist- 
ing officers  of  the  array  and  leading  men  of  the  New  England  and  Mid- 
dle States  in  tlie  interest  of  Vermont,  or  in  negotiating  for  free  trade 
with  Canada  and  Great  Britain,' — 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  Governors  Council  nine  years  ; 
State  Treasurer  nine  years  ;  Surveyor  General  nine  years  also  ;  and 
finally,  iu  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 
stp.pping-stone  to  the  capture  of  Gen.  Burgoyne  and  army.  That  the 
truce  between  the  British  iu  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  etfects  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  1'  rench  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,  &e.,*  (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 
heen  a  favourite  Colony  under  the  Crown  ;  if  in  favour  of  the  United 
States,  they  were  vrepared  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  trifiing  consideration.— iefiers  o/ 
Ika  Allen,  pp.  9,10. 

♦  The  "  union,  &c.,"  refers  to  the  East  and  West  Unions,  with  parts  of  New  Hampshire  and  New 
York,  "wliicli,"as  ALLEN  suljsequently  said  in  this  letter,  "were  dissolved  when  1  [he]  was  at 
Congress  siipporling  them."  This  was  the  fact,  and  he  disapproved  of  their  dissolution  as  soon  as 
be  was  ajjprized  of  it. 

^  Ira  was  at  the  head  of  the  project,  and  Levi  was  employed  to  go  per-, 
gonally  to  Quebec  on  Ira's  suggestion. 


Council  of  Safety — Introduction.  117 

the  present  "Champlain  Canal  ;"  and  lie  was  the  founder  of  the  Univer- 
sity of  Vermont.  In  Dec.  17'J.")  he  sailed  for  England  to  press  his  canal 
project,  for  which  he  could  get  nothing  but  fair  words  t'nnn  the  Jirilish 
Cabinet ;  and  to  purchase  arms  for  the  State,  which  he  succeeded  in  do- 
ing in  France  and  shipped  them  under  the  French  Hag.  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  tinally  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  Xewbury,  Mass.,  July  2, 1728,  and 
married  Prudence  Noycs,  Oct.  16,  1745.  He  settled  in  Ilampstead  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  fi-om  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  slate  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 
80  few  words.     It  is  copied  from  Thompson's  Vermont,  Part  m,  p.  83. 

SACRED  TO  THE  MEMORY 

OF    THE 

Hon.     BENJ.    CARPENTER,    Esq. 

Born  in  Rehoboth,  Mass.,  A.  D.  1726. 
A  maeristrate  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  fovmder  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  IXiH  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  Vei-mont,  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  Tliomj)- 
son's  Vermont,  and  B.  H.  Hall's  Eastern  Vermont. 

TnoMAS  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  Wiuooski  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  ])eople,  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  aftection  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  wai-mest 
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. 

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.* 
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  Xathaniel  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."* 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.  911. 
'^Ibid,  p.  929.  *D.  Chipman's  Memoir,  p.  9.  ^Ibid,  p.  19. 


120  Council  of  Safety — Introduction. 

The  historian  of  Arlington  added,  "  Soon  circumstances  arose  which 
really  gave  Governor  Chittenden  a  place  in  the  aflfections  of  the  people. 
So  great  had  been  the  disorders  of  the  times,  and  so  many  men  had  left 
the  country  that  tields  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."^ The  remarkable  proclamation  of  pardon  to  the  tories  and 
Yorkers,  June,  1779,  was  "a  gracious  design  of  mercy,"  "to  alleviate 
the  miseries  of  those  vinhappy  subjects  who  act  through  mistaken  no- 
tions, and  resist  the  penalties  thereof"^  Not  only  was  he  ready  to  grant 
all  possible  relief  in  ever}'  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.*  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  "■warneil"  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.  Ifag.,  vol.  i,  pp.  234,  2.36.  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  pi'ominent  in  the  controversy  with  New  Yoi'k,  being  frequently 
chairman  of  conventions  and  committees  and  the  author  of  many  of  the 

1  Vt.  Hist.  Mag.,  vol.  i,  p.  130. 

^  Slade's  State  Papers,  pp.  556,  557,  and  post. 

*  Vt.  Hist.  iSoc.  Collections,  vol.  li,  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  ctricicnt 
services.  He  was  member  of  the  State  Council  of  Safety,  and  si)eaker 
of  the  first  General  Asscmbl}-.  He  lost  one  son,  Nathan  Clark,  jr.,  in 
the  battle  of  Renninixton  ;  and  another  son,  Isaac  Clark,  familiarly 
known  as  "Old  Ritle,"  was  in  that  battle,  was  a  Colonel  in  the  war  of  1812, 
and  distinguished  as  a  partizan  leader.' — See  Early  History,  p.  459  ;  and 
Memorials  of  a  Century,  Bennington. 

'■  Col.  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  Jolferson.  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.  Chaules  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  tliey  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,XCVin. 

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,  sou  of  Stephen  Fay,  was  born  at  Hardwick,  Mass., 
Jan.  17,  1737,  and  removed  to  Eenuington  with  his  father  in  1766.  He 
was  from  the  first  prominent  in  the  contest  with  New  York  and  with 
the  mother  country,  and  intiuential  in  tlie  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.  Hemau 
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  slate  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  awliile  after  18U0  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,  M*ss., 
about  1752,  and  came  to  Bennington  in  1766.  He  was  Secretary  of  the 
Council  of  Safety  from  Sept.  1777  to  March  178S  ;  of  the  State  Council 
from  March  1778  to  1794  ;  and  Secretary  of  State  also  from  the  resigna- 

AVhen  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  stiraulous  to  Love. 

Of  course  the  above  Was  written  wlien  Lyok  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  L^^.  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  Tlios.  Chantllor.  jr.,  (supposed  to  be  in  N'ovembcr  1778.)  to  1781. 
He  was  associated  with  Ira  Allen  in  the  famous  negotiation  with  Gen.  Ilal- 
dimand,  Gov.  Gen.  of  Canada,  from  1780  to  1783,  for  which  by  liis  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.  404  ; 
Memorials  of  a  Century,  Bennington,  \i.  "itJS  ;  see  also  Vt.  Hist.  Hoc.  Col- 
lections, vol.  II. 

Matthew  LYO>f  deserves  to  be  ranked  among  the  remarkable  men 
of  Vermont.  Born  in  Wicklow  county,  Ireland,  in  1740,  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  ihe  Dorset  Convention  of  Jnly  24,  1770, 
he  being  then  thirty  years  of  age.  During  the  same  year  he  was  lieu- 
tenant in  Capt.  John  Fassett  jrs.  comi)any  and  was  stationed  at  the 
block-house  in  Jericho,  which  was  abandoned  by  the  men  of  the  company 
on  the  retreat  ofthe  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- 

*  Vt.  Hist.  Mag.,  vol.  i,  p.  457.  It  was  charged  that  Lyon  and  the  sub- 
ordinate officers  persuaded  the  men  to  desert,  which  Lyon  always  de- 
nied. The  '•  cowardice"  charged  could  have  been  constructive  onlj', 
meaning  simply  that  the}'  had  abandcjned  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  Wilkikson,  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- 
bar  iton,]  being  extremely  dark  and  rainy,  one  ofthe  guards  took  u])  and 
reported  to  head  quarters  a  young  man  susi)octcd  of  being  a  spy.  I  vis- 
ited the  guard,  and  found  the  prisoner  to  be  a  Lieutenant  Lyon  (since 
Mr.  Mal;thew  Lyon  of  Congress)  of  the  militia,  who  had  JoiiKul  us  to 
oiler  his  services  as  a  guide,  of  whom  we  stood  in  great  need,  being 
strangers  to  the  country.  Avhich  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  numlier 
more  than  a  dozen  log  cabins,  which  were  however  surrounded  bj-  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  L5^on'R  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  b}-  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.  ii,  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  onl}^  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.  i,  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 
donc—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 i-n  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  dcl)aler, 
and  tliese  qualities  were  manifest  in  his  speeches,  of  wiiich  abstracts  liave 
been  preserved.  He  was  neitlier  inactive  nor  insignificant  in  Congress. 
On  the  4th  of  July  1798  the  sedition  act  went  into  eflect,  and  on  the  31st 
of  the  same  month  the  Vermont  Journal  [Windsor]  pul)lished  a  letter 
written  by  Lyon  June  20.  fourteen  days  before  the  act  went  into  eHect, 
but  mailed  at  Philadelphia,  as  a])peared  by  tlu!  postmark,  on  the  7th  of 
July,  three  days  after  the  act  had  been  ai)proved.  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  ])rison  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,  (;ontriving  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  peojjie  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. — l3enton's  Abridgement  of 
the  Debates  of  Congress,  vol.  ii,  p.  304. 

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  T  shall  see  the  ettbrts  of  that  pov\er  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  ]tart  of  the  Executive,  see  every  considera- 
tion of  publick  welfare  swallowed  up  in  a  contiimal  grasp  for  power,  in 
an  unbounded  thirst  foi-  ridiculous  ponii).  foolish  adidation.  or  st'Iiish 
avarice  ;  when  1  shall  behold  men  of  real  merit  d.iily  turned  out  of  ollice 
for  no  other  cause  but  independency  of  spirit  ;  when  I  shall  see  men  of 
firmness,  merit,  years,  abilities,  and  exjierience,  discarded,  in  their  appli- 
cations for  office,  for  fear  they  possess  that  indejjendence,  and  men  of 
meanness  preferred,  for  the  ease  with  which  tiiey  can  take  up  and  advo- 
cate opinions,  the  consequences  of  which  they  know  I)ut  little  of;  when 
1  shall  see  the  sacred  name  of  religion  employed  as  a  state  engine  to 
make  mankind  hale  and  ])ersecute  each  other,  I  shiill  not  be  llicii' liunilile 
advocate. 

Another  charge  against  Lyon  was.  that  lu'  had  procured  the  pul)lica- 
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  Kev. 
Pliny  H.  White's  address  before  the  Vt.  Historical  Society  Oct.  29, 
1858,  on  the  Life  and  Services  of  Matthew  Lyon} 

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  throM'u 
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  Lew^is  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. 

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  wei"e  declared  on  the  11th  of  Februar}',  1801,  by  which  it 
appeared  that  Thomas  Jefferson  and  Aaron  Burr  had  each  received 
c.  .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  thnt  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.  MoitIs  for  Burr.  On  the  thirty- 
sixth  ballot  Mr.  Morris  withheld  his  vote  and  Mr.  Lyon  voted  for  Jeffer- 
son, thus  giving  the  v(?te  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.  L^'on  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- 

^  A  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  tlio 
Union.  He  served  two  years,  1802-3,  in  the  h^gishiture  of  that  Slate, 
and  as  a  member  of  Congress  eiglit  years,  1803  to  1811.  Nov.  13,  1811 
he  petitioned  Congress  to  refund  the  fine  of  SIOOO  and  oosLs  (.^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  tlic  bill  by  nearly 
a  unanimous  vote — yeas  124,  nays  15. 

In  1812  he  contracted  with  the  United  States  to  construct  gun-bouts 
at  his  ship-yard  on  Cumberland  river,  to  be  delivered  at  Kew  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  Kock,  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  fatlier  has  been  elected  to  Congress  from 
three  dit!ereut  states  and  been  succeeded  in  the  same  ofl^ce  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  ofiices  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  enteri)rises,  and  had  lie  either 
neglected  politics  and  given  his  intellect  and  skill  to  business,  or  given 
less  attention  to  business  and  more  to  culture  in  law  and  statemaushii),  he 
might  have  been  an  eminently  successtul  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  tlie  world,  he  manu- 
factured paper  from  basswood) — burnt  twice,  but  still  in  operation  ;  the 
first  grist-mill  was  built  by  Col.  Lyon  and  AgerHawley,  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  o])eration  :  Lyon's  saw- 
mill w^as  also  the  first,  in  1783,  and  the  i)ower  is  still  used  ;  in  1797  Ly<>n 
had  another  saw-mill,  which  h(^  sold  in  1800 — l)urnt  in  J833,  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  N'ew 
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.*  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  178.3-4,  and  again  from  1785 
to  1788-9,  in  all  ten  years,  when  he  was  elected  governor  by  the  General 
Assembly.^ 

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  areP'  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 


*  Neal's  History  of  the  Puritans^  vol.  i,  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. —  VU  Hist. 
Sac.  Collections,  vol.  ii,  p.  484. 


Council  of  Safety — Introduction.  129 

office  he  held  until  his  deiith,  May  2G.  ISl.'J.  In  ik-atli  he  was  triumphant. 
A  witness  of  the  scene  (wife  of  Gen.  David  Roljinson)  said  of  it  :  "if  she 
could  feel  as  he  did,  it  would  l)e  worth  ten  thousand  worlds." — See  Early 
History,  p.  467  ;  Memorials  of  a  Century,  Bennimjton,  \>\).  233-236. 

Doctor  Paul  Spooxkr  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  IJoston  port  bill,  and  otiier  kind- 
red measures  of  the  king  and  parliament  of  (Ireat  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,  tlie 
properties  of  the  king's  American  subjects  without  their  consent."  '>'-He 
who  has  nothing,"  said  this  comnnttee,  "but  what  another  has  p'>)wer  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  sla.ve  to  him  who 
has  such  power;  and  as  no  part  of  British  America  sti);julated  to  settle  as 
slaves,  the  privileges  of  British  subjects  are  their  privileges,  and  who- 
ever endeavors  to  deprive  them  of  their  privikgt.'s  is  guilty  of  treason 
against  the  Americans,  as  well  as  the  British,  constitution."  He  ao^ain 
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  caVled,]  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  Aveek  before  writing  that  letter  he  had  been  ap- 
pointed one  of  the  Vennont  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  I'e-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  177!t  an*' 
1780,  and  again  from  1782  to  1788.  During  the  same  period,  in  1781  and 
1782,  he  was  judge  of  probate  for  Windsor  count}-.  He  removed  from 
Hartland  to  Ilardwick,  and  was  the  first  town  clerk  of  the  last  namrd 
town,  elected  March  31,  1795.  He  was  also  its  first  representative  in  the 
General  Assembly,  and  served  as  such  thi-ee  years,  in  1797,  1798  and 
1799.  ''He  is  believed,"  said  IIilais'd  Hall,  "to  have  been  well  edu- 
cated, and  to  have  had  a  good  professional  reputation." — See  Eastern 
Ver7nont ;  Early  History  of  Vermont;  and  history  o!"  Ilai'dwick  in  Vt. 
Hist.  Mag.,  vol.  i. 


PROCEEDINGS 


OF   THE 


COUNCIL  OF  SAFETY, 

JULY  8  TO  AUGUST  L5,  1777. 


As  late  as  March  18,  1788,  according  to  Joseph  Fay,  the  first  secre- 
tary (Ira  Allen)  had  the  mjuutes  of  the  proceedings  of  the  above 
pei'iod  in  his  possession.  Nevertfijeless,  tliese  minutes  have  never  come 
into  the  possession  of  the  Siate,  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  (topics  of  letters,  circulars,  and 
orders  of  the  Council  as  can  be  obtained  frv;)m  other  sources. 


On  the  adjournment  of  the  Convenlion  at  WiL<dsor,  July  8,  1777,  Ticou- 
deroga  had  fallen  into  the  hands  of  the  enemy,  Warner  had  been  deA-ated 
at  Hubbardton,  and  Burgoyne's  splendid  array  wa3  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 
boai'd  proceeded  direct  to  Manchester,  where  Warner  had  fixed  his  head- 
quarters with  a  remnant  of  his  regiment.^ 


'I.  Allen's  History  in  Vt.  Hist.  Sac.  Col,  vol.  i,  p.  38.3.  One  source  of 
alarm  was  in  the  probable  eflect  of  the  following  document  : 

[From  Vt.  Historical  Society  Collections,  Vol.1.] 

By  Lieutenant  General  John  Burgoyne,  commanding  an  army 
and  tleet  of  Great   Britain,  against  tiie  revolted  Provinces  of  America. 

To  the  inhabitants  of  Caslleton,  of  Hubbardton,  Rutland,  Tinmouth, 
Pawlet,  AVells,  Granville  [X.  Y.]  with  the  neighl)ouring  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  townshi]),  to  meet 
Colonel  Steene  at  Castleton,  on  Wednesday,  July  15th,  at  ten  n  the  morn- 


Council  of  Safety— July  8  to  Aug.  15.  1777.  131 

A  quorum  of  the  members  at  least   was  presi-nt,  and  llio  Council  was 
organized  as  follows  : 

Tho-mas  Chittenden,  President. 
Jonas  Fay,  Vice  President. 
Ira  Allen,  Secretary. 

[From  Vt.  Hist.  Soc.  C.illectlons,  vol.  i.J 

In  Council  of  Safety,  State  of  Veijmont, 
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  leain  his  request  to  tiie 
Militia  of  your  state.  No  further  accounts  have  arrivi'd  since  the  date 
of  the  enclosed  excejit  that  there  are  Small  Scoutins;  Parties  fora<;ino-  in 
the  Woods.  You  will  Learn  the  Provision  (Jeneral  Sehuyler  h;is  made 
for  the  protection  of  this  State,  and  you  will  natui-ally  understand  that 
when  we  cease  to  be  a  frontier  your  State  must  take  it.'  Would  beg  your 
advice  and  a.ssistance  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.  Secry. 
N.  B. — New^s  has  this  moment  come  to  hnnd  that  General  How,  with 
his  army,  have  got  up  JTortli  River  as  far  as  Ta])i)an  nenr  the  Highlands, 
and  that  the  inhabitants  are  moving  out  of  Albany.  We  hear  General 
Washington  is  with  his  army  in  high  spirits  watching  tlie  motion  of  the 
Enemy.  I.  Allen. 

The  Hon^''^  the  Council  of  Safety  If.  Hampshire  State. 

[From  Vt.  Hist.  Soc.  Collections,  Vol.  i.] 

In  Cou.n'cil  of  Safety,  State  of  Vermont, 
Manchester,  loth  July,  1777. 
Gentlemen, — This  State  in  particular  seems  to  be  at  Preseni  the  object 
of  Distruction.  B}'  the  surrender  of  tiie  fortress  Ticonderoga  a  Com- 
munication is  opened  to  the  Defenceless  inhaliitanis  on  the  frontier,  who 
having  little  more  in  present  store  than  sutticient  for  the;  maintenance  of 
their  Respective  Families,  and  not  ability  to  immediately  remove  their 
eifects,  are  therefore  induced  to  acceiit  such  Prottu^tions  as  are  olfered 
them  by  the  Enemy  :  by  this  nieans  Tlu)se  Towns  who  are  most  Conti- 
guous to  them  are  under  necessity  of  Taking:  such  Protection,  by  which 
the  next  T(nvn  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  immediatel}'  in  our  P(jwer  to  make  a  sutlicient 
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  comjilied  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  militaiy  execution. 
Head  Quarters,  at  Skeensborouyh  House,  July  IQth.  1777. 

J.  Burgoyne. 
By  order  of  His  Excellency  the  Lieutenant-General, 

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, notwillistandin<;  its  infancy,  set'ms  as  well  supplied  with  i)rovisions 
for  Victualling  an  army  as  any  Country  on  the  Continent,  so  that  on 
that  account  we  cannot  see  why  a  stand  mav  not  as  well  be  made  in  tliis 
State  as  in  the  State  of  Xew  Ilampshire,  and  more  especially  as  the  in- 
habitants are  Heartih' Disposed  to  Defend  their  Lit)erties.  You,  Gentle- 
men, will  be  at  once  sensible  that  Every  such  Town  as  accepts  protection 
are  rendered  at  that  instant  forever  incapable  of  atiordingus  any  further 
assistance,  and  what  is  infinitely  worse,  as  some  Disattected  Persons 
eternally  Lurk  in  almost  every  Town,  such  become  Doubly  fortihed  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  ot;r  i)0wcr  to  as- 
sist you.  Laying  these  Circumstances  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  Obedt  and  very  Humt>i  Serv*- 
By  order  of  Council,  Iea  Allen,  Secr'y. 

The  Honorable  the  Council  of  Safety, } 

State  of  New  Hampshire.      ^ 
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  Hamjishire,  and  the  orders  to 
Stark  referred  to,  were  as  follows  : 

Letter  from  Meshech  Weaee,  President  of  the  State  of  New  Ilampshire, 
to  Ira  Allen,  Secretary  of  the  State  of  Vermont. 

[From  Slade's  State  Papers,  pajft;  80.] 

Exeter,  July  19,  1777. 

Sir, — I  Avas  favored  with  yours  of  the  loth  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,  I  hat  a  quarter  part  of  the  militia  ol'  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  somn  proper  person  or  persons  to  Ninnber  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  man<euvres 
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.  i.J 

In  Council  of  Safety,  State  of  Yeumont,  \ 
Manchester,  loll  1  July.  1777.      \ 

To  all  Militia  Officers  whom  it  may  Concern  : 

This  is  the  second  and  perliaps  the  last  express  we  may  be  able  to  send 
you  from  I  his  Post.  Your  immediate  assistance  is  absoJutely  necessary. 
A  few  hundred  Military  Troops  to  be  joined  to  our  present  strength 
would  greatly  add  to  our  present  encouragement,  as  b}'  late  information 
we  Learn  that  a  large  Scout  of  the  Enemy  are  dis])osed  to  take  a  Tour 
to  this  post  ;  the  inhabitants,  with  theii- families,  cannot  be  quieted  with- 
out an  assurance  of  the  arrival  of  Troops  directl}- for  their  assistance. 
You  will  Please  to  let  us  know  your  determination  without  dela}'. 

The  Continental  Stores  at  Bennington  seem  to  l)e  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  Obd'   Hum^i  Serv^- 

By  oi'der  of  Council,  Ika  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  reph'  : 

Fort  Edward,  July  16,  1777. 

Sir  -  It  gives  me  great  pain  that  I  am  not  in  a  capacity  directl}-  to 
answer  your  letter  of  the  loth  inst.  As  an  otBcer  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  alreadv  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  Ticouderoga,  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  Hampshike,   \ 
Saturday.  July  10"',  1777.  \ 

To  Brig''  Gen'  Jn"  Stark, — You  are  hereby  required  to  repair  to  Charles- 
town,  N°  4,  so  as  to  be  there  by  24tii — Thursday  next,  to  meet  and  confer 
with  persons  appointed  by  tlie  convention  of  the  State  of  Verment  rela- 
tive to  the  route  of  the  Troops  under  your  Command,  their  Ijeing  sup- 
plied with  Provisions,  and  future  operations — and  when  the  Troops  are 
collected  at  X"-4,  you  are  to  take  the  Command  of  them  and  mardi  into 
the  State  of  Vermont,  and  there  act  in  conjunction  with  the  Troojis  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  prf)teetion  of  the  Peo- 
ple or  the  annoyance  of  th(!  Entuny,  and  from  time  to  time  as  oceasion 
shall  require,  send  Intelligence  to  the  Gen'  Assembly  or  Committee  of 
Safety,  of  your  operations,  and  the  maneuvers  of  the  Enemy. 

M.  Weake. 

Stark  refused  to  act  under  the  continental  officers. 


134  Council  of  Safety— July  8  to  Aug.  15,  1777. 

by  the  militia  under  Colouel  Simnionds  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.  1  have  ordered  such  persons  as  are  going 
to  the  enemy  for  protection,  to  be  seized  and  sent  prisoners  tome.  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  accej^t  pro- 
tection from  them. 

I  have  delivered  Captain  Fitch  a  Proclamation  of  which  1  wish  you  to 
make  copies  and  distribute  them  in  the  Country  nearest  the  enemy.* 

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  S3'cophants  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  betel  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  w^ere  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  each, 
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.  The 
Council  acquiesced,  and  Mi-.  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  luid  or  should  join  the  common 
enemy  ;  and  that  all  property  so  seized  should  be  sold  at  public  vendue, 


»  For  this  counter  proclamation  to  Burgoyne's,  see  Vt.  Hist.  Sac.  Coll., 
vol.  I,  p.  Ife2. 


Council  of  Safety— July  8  to  Aiuj.  If),  1777.  185 

and  the  proceeds  paid  to  the  Treasurer  of  the  Council  of  Safety,  for  the 
l)urpose  of  paying  tlie  bounties  and  wages  of  a  regiment  forthwith  to  be 
raised  lor  theth'fence  of  tlie  State.  The  Council  adopted  the  measure, 
and  ap]iointed  otlicers  for  the  regiment.  Samuel  Ilerrick,  Es(|.,  was  ap- 
pointed tlie  Colonel,  and  the  men  enlisted,  and  the  bounties  paid  in  lif- 
teen  days,  out  of  the  conliscated  i)roperty  of  the  enemies  of  the  new 
state.  Tins  was  the  tirst  instance  in  America  of  seizing  and  selling  iht; 
propert}'  of  the  enemies  of  American  independence.' 

The  Council  adjourned  to  Bennington,  and  about  the  time  this  regi- 
ment was  rajsing,  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  oi-ders  to  the  militia  of  Massacliusetts,  and  to  Colonel  Ilerrick'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  ?<onw  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  himscirun- 
dor  the  command  of  General  Schuyler." 

[From  page  44  of  tlie  Oflicial  Ms.  Record  of  Hie  Council  of  Safely.] 

State  of  Vermont,  in  Council  of  Safety,  ) 
Manchester,  July  15th,  1777.         \ 
To  Samuel  Herrick,  Esq.  : 

We  Eeposing  special  trust  and  confidence  in  3'our  Patriotism  Vali- 
ours  Conduct  and  Fidelit}-  do  by  these  presents  Constitute  you  to  be 
Lieutenant  Colonel  Commandant  of  a  Eegiment  of  Rangers  Raised 
within  this  State  for  the  Immediate  defence  thereof,  and  to  lie  under  the 
Special  direction  of  this  Council  or  the  Commander  in  Chief  of  the 


•  In  1808  Allen  repeated  his  claim  to  this  honor,  which  he  could  hardly 
have  done  had  it  been  conlrcn'erted  by  any  body.  Gov.  Hall  says  in 
reference  to  Allen's  claim  :  •'  Such  is  believed  to  be  the  fact,  though  the 
measure  wgs  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.  2(50  ;  and  Journals  of  Congress,  1777-78, 
vol.  Ill,  p.  423. 

-Ira  Allen's  History,  in  Vt.  Hist.  Soc.  Collections,  vol.  i,  pp.  384-o. 
D.  P.  Thompson,  in  his  address  before  the  Vt.  Historical  Society  in  18,')0, 
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,  alasl  it  was  all  fiction.  Ira  Allex  fixed 
the  decision  of  the  supply  question  (confiscation)  before  the  adjournment 
of  the  Council  of  Safet}'  to  Bennington — of  course  between  the  11th  and 
15th  of  July,  on  which  da}'  Herrick  was  conmiissioned  Colonel  as  the  tirst 
resultof  Allen's  jxilicy, — while  Spooner's  letter  to  Bayley  was  dated  on  the 
11th  of  August  follovving.  The  truth  of  history  forces  this  unwelcome 
marring  of  Mr.  Thompson's  pretty  picture. 


136  Council  of  Safety— Jvhj  8  to  Aug.  15,  1777. 

Army  Commanding  the  department  tlie  East  side  of  Hudson's  River; 
You  are  therefore  carefully  and  diliiiently  to  dischaige  llie  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  olflcers  &  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  othei  your  Superior  otficer  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, 

Thomas  Chittenden,  Prest 
Attest,  Ira  Allen,  Secy. 


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  liereby   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  3-ou  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;  wdiich  are  wanted  at  Manchester  or  elsewhere,  where 
there  is  a  contractor  to  receive  and  pay  for  them.  You  will  ajipoint 
three  persons  noted  for  good  judgment,  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  whom  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  Avill  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.'^ 

^Vt.  Hist.  Soc.  Coll.,  vol.  I,  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  slate  use  being  tlnis  secured,  a  regiment  of  ran- 
gers was  soon  organized  under  Col.  Samuel  Herrick,  which  did  efficient 
and  valuable  service  to  the  state  and  country.'' ' 


[From  the  Hartford  Couran  of  August  17,  1777.] 

In  Council  of  Safety,  State  of  Vermont,  ) 

Bennington,  July  28,  1777.         j 
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  b}'  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  Yermout,  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  o])eying  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.  I.] 

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 

*  Early  History,  p.  260. 

^Eastern  Vermont,  pp.  298,200.  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  m(mntain.  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, 

Paul  Spooner,  D.  Sec'y. 

Brig.  Gen.  Bayley. 


Circulars  to  the  Colonels  of  the  State  Militia. 

[From  Vt.  Hist,  Soe.  Collections,  Vol.  I J 

State  of  Vermont,  in  Council  of  Safety,  ) 
Bennington,  ISi''  Aug*-  1777.        \ 

Dear  Col"-' — 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  1^'orth  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  ot  the  Enemy's  Troops  Were  Discovered  two  hours  ago  in  St. 
Koiic,  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  bowers.  We  have 
the  assistance  of  Maj""  general  Stark  with  his  Brigade,  You  will  hurry 
what  Rangers  forward  are  Recruted  with  all  speed.  Now  is  the  time,  S""- 
I  am  S""  your  Humble  Servant. 

Sr,  I  Desire  you  would  By  order  of  Council  Send  this  Express  to  Gen- 
eral Baley,  Peter  Olcott,  Col.,  Col"  Marsh. 

Jonas  Fay,  Vice  President. 

To  Maj.  Israel  Smith  of  Strafford. 


[From  Slade's  State  Papers,  p.  197.] 


State  of  Vermont,  7 

Bennington,  in  Council  of  Safety,  August  15, 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.  1"),  1777.  139 

within  four  or  live  iiiiU's  of  ihis  place,  and  the  lead  will  be  positively 
wanted. 

By  order  of  the  Council,  Pat'l  Spoonkr,  D.  Sec']/. 

The  Chairman  of  the  Committee  of  Safety,  Williamstown.  [Mass.] 

The  same  request  sent  to  the  Chairman  of  the  Connnittee,  Lanesboro, 
the  same  date — sent  by  Jedediah  Keed,  Paulett. 

Madam — Please  to  send  liy  the  bearer,  Jedediah  Keed,  0  or  7  lbs.  of 
lead,  by  Col.  Simonds'  order. 

By  ordei'  of  Council,  Paul  Spooner,  D.  Sec'y. 

Mrs.  Simonds. 


OFFICIAL  RECORD 

OF  THE 

Council  of  Safety 

OF   THE 

STATE    OF    VERMONT. 


AUGUST  15,  1777,  to  MAECH  12,  1778. 


CERTIFICATE   PREFIXED   TO   THE    OFFICIAL   RECORD. 

The  first  20  paijes  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 
Jaiiy.  1776  [to]  the  loth  Auo;ust  1777,^  during  which  time  Col^-  Ira  Al- 
len was  Secretary  and  has  the  Minutes  of.s'i  Council  in  his  possession. 
Certified  by  Jos.  Fay,  Sechj. 

'  Secretary  Fay  counted  the  records  of  the  General  Conventions,  be- 
ginning in  January  1776,  as  part  of  the  "  Minu+es  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  establislied  by  the  Convention  at  Windsor,  July  8,  1777. 


OFFICIAL  RECORD 


OF  THE 


COUNCIL  OF  SAFETY. 

AUGUST  15,  1777,  to  MARCH  12,  1778. 


Beknington,  15  August  1777. 
A  warrant  was  given  to  Dr.  J.  Rliuback  to  impress  a  horse  to  Ride  to 
Gen.  Stark's  Head  Quarters  in  this  Town,  drawn  in  the  usual  form.' 

To  Lieutenant  Peter  Boherts  one  of  the  Commissioners  of  Sequestration : 

(Sir, — You  are  hereby  directed  to  forward  tlic  Cattle  under  j^our  care 
(being  111  head)  to  New  Providence,  then  and  th(.-re  to  Advertise  said 
Cattle  and  expose  them  to  Sale  at  Public  Yandue,  and  [keep]  fair  accounts 
of  said  Catties  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'v- 


State  of  Yermont.    In  Coun'CIL  of  Safety,  August  16'>^'  1777. 

To  Colonel  John  Williams:' 
(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  yf)u  are  to  pay  proper  Atten- 
tion to  the  Road  Leading  from  Hoosach  to  Pownall. 

By  order  of  Council,  Paul  Spooner,  B.  Sec'v- 

WJacob  Roback  was  appointed  by  the  General  Assembly,  March  20, 
177W,  surgeon  for  Captains  Ebenezer  Allen  and  Isaac  Clark's  Com- 
panies.    He  acted  in  that  capacity  in  1777,  and  again  in  1779. 

2 Perhaps  Col.  John  Williams  of  Salem.  N.  Y.— See  Vt.  Hist.  Soc.  Col- 
lections., vol.  ir,  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.  i,  p.  203.] 

Eead  in  the  New  York  Council  of  Safety  at  Poughkeepsie,  August  19th, 
1777— forwarded  from  the  Albany  Committee.^ 

State  of  Vermont.    In  Council  of  Safety,     > 

Bennington,  16"'  August,  1777,  6  o'clock  [P.  M.]  \ 
Gentlemen. — Brig''-  Gen.    Stark  from  the  State   of  New  Hampshire 
with  his  Brigade,  together  with  the  militia  and  company  of  Kangers 

^Journal  of  N.  T.  Council  Vol.  i,  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  i.s  in  a  great  measure  compensa- 
ted for  by  the  following  tribute  from  Brig.  Gen.  John  Stark  : 

[From  tlie  Harttord  Courant  of  Oct.  7,  1777.    Reprintol  in  Vt.  Mist.  Soc.  Coll.,  vol.  i,  p.  ?28.] 

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  lorward  the  militia  in  this  and  the  Eastern  States  to  the  assistance  of 
General  St.  Clair,  as  well  as  jirovisions  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  ))ublic  business  of  the  state  during  the  recess  of  the  con- 
vention ;  who  without  delay  repaired  to  Manchester,  whei*e  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  theniilitia  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  wh(jle  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  tliat  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.  Syniond's  regiment  of  Militia, 
[from  Berkshire  County,  Mass.,]  are  nowin  action  Vvith  a  nuniltcr  of 
the  enemy's  Troops  assembled  near  this  i)lafe.  whieh  lias  l)een  for  some 
time  very  severe.  We  have  now  in  possession  (taken  from  tiu-m  this 
day)  four  brass  tield  i)ieces,  ordnance  stores,  &c.,  and  this  minute  four 
or  tive  hundred  ))iisoners  have  arrived.  We  have  taken  the  ground, 
although  fbrtilied  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  dou])tless  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  : — the}'  will  j)ro- 
ceed  on  horseback  with  all  the  amnninition  that  can  be  provided  cou- 
venientl}-.  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.    Ix  Council  of  Safety,  ) 
Bennington.  20lh  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  otficers  for  such  numbers,  which  number  you  will 
Cause  to  be  continued  in  the  Field  under  the  Commandiug  otiicer  of  the 
Eastern  Militia  until  the  first  day  of  December  next,  unless  sooner  dis- 
charged by  such  Commanding  otticer  ;  Should  you  lind  it  more  conven- 
ient for  part  or  all  such  Troops  to  be  reliiived  before  that  time,  you  will 
do  it.  Observing  always  to  keep  the  full  number  in  the  Field.  Those  who 
ingage  are  to  do  it  onh'  on  the  ]irineiple  of  being  under  the  Begulation 
of  the  Continental  Army  during  the  time  the}^  serve,  altho'  under  the 
command  of  the  above  officer. 

By  order  of  Council, 

Thomas  Chittenden,  Prs^'-^ 


Bennington,  August  23, 1777. 
David  Breakenridge-  is  permitted  to  remain  at  his  Father's  house  un- 
der the  care  of  the  Guard  at  that  jilace  until  further  orders. 

we  found  truly  to  be  the  case.  The}'  happily  agreed  to  postpone  giving 
orders  to  the  militia  to  march,  by  which,  together  with  their  rejieated 
applications  f  )r  the  militia  of  the  state  of  Massachusetts  Bay,  and  sup- 
plying with  arms  and  ammunition,  atlbrded  the  greatest  assistance  in 
obtaining  the  glorious  and  memorable  victory  over  the  enemy  near  this 
place  on  the  10*''  instant,  who  were  determined  to  have  penetrated  the 
country. 

I  cannot  therefore  in  justice  resist  giving  the  Hon'- Council  the  honor 
of  exerting  themselves  in  the  most  spirited  manner  in  that  most  critical 
time. 

John  Stark,  B.  D.  G. 

^Probably  a  circlar  addressed  to  dilferent  officers.   Tlie  name  of  the  of- 
ficer addressed,  it  will  be  observed,  is  not  given. 
"  Son'of  Lieut.  James  Breakenridge,  of  whom  see  note,  post,  p.  l.ol. 


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,^ 
and  Moses  Veal,  IVail:] 
Notwithstanding  yonr  ungratefulness  to  3four  Country,  &   notwith- 
standing you  have  by  your  Conduct  forfeited  the  confidence    oi  your 
Countrymen,  yet  nevertheless  on  the  aiiplicalion  of  Captain  Abraham 
UnderhilP  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  alreadv  Sustained  to  Attone  for  past 
folly.' 

By  order  of  Council, 

Thomas  Chittenden,  Pres'^- 


State  of  Vermont.     In  Council  of  Safety,  24:th  Aug.  177/. 
To  Elisha  Clark,  Gentleman: 

Reposing  special  Trust  and  Contidence  in  your  Patriotism  \''al()r  and 
Good  Conduct  &  experience  in  ^Tilitary  discipline,  we  have  ap]winted  you 
Adjutant  in  Lieut.  Colonel  Samuel  Herrick's  Regiment  of  Rangers, 
Commanding  all  otficers  and  soldiers  to  (_)bey  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, 

Thqs-  Chittenden,  Pres'^- 
Attest,  Ira  Allen,  Sec'!'- 

Resolved,  That  James  Walsworth  *  be  &  lie  is  hereby  appointed  Quar- 
ter-master to  Lieutenant  Colonel  Samuel  Herrick's  Regiment  of  Ran- 
gers. 

Attest,  Ira  Allen,  .Sec>- 

*  Asa  Baldwin  was  the  first  town  clerk  of  Dorset;  Thomas  was  his 
brother.  The  Baldwins  and  Underbills  of  Dorset  came  from  New  Yoi-k. 
Asa  was  a  strict  Churchman  and  a  Royalist. — Vermont  Historical  Mag- 
azine, vol  I,  pp.  182,  186. 

^  Abraham  Underbill  represented  Dorset  in  the  Conventions  of  July 
and  September  1776,  and  was  one  of  the  nine  jiersons  appointed  July  2.5 
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  17i)<).— F(.  Hist.  Soc.  Collections^ 
vol.  I,  p.  15,  23,  24,  25,  294,  295;    Vt.  Hist.  Mag.,  vol.  i,  p.  184. 

^ Dec.  12,  1777,  the  Council  discharged  the  abovenamcd  persons  "for 
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  Goldsl)row  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  3Iarch  12, 1778.    147 

State  of  Verjiont.    In  Council  of  Safety,  } 
Bciiniugton,  25  Aug'- 1777.  f 

To  Captain  John  Fassett: 

Sir, — You  are  hereby  re(iuired  to  Take  a  pottash  Kittle  for  the  Hessian 
Troops  to  Cook  in,  give  your  Rec*^  for  llie  same  »&  bring  the  same  to 
tlie  Meeting-House  in  this  plaee. 

B}'  order  of  Council,  iRA  Allen,  iSec'?'- 

Hesolvecl,  that  Captain  Ebenezer  Allen '  be  the  tirst  Captain  in  Lt. 
Colonel  Samuel  Herrick's  Regiment  of  Rangers. 

State  of  Vermont.    In  Council  of  Safety,  '} 
Bennington,  26»i  Aug*-  1777.         ji" 
To  Adjutant  Elisha  Clark: 
You  are  hereby  required  to  make  Return  of  the  names  and  Num- 
bers of  the  officers  non-commissioned  otlicers  and  Soldiers  belonging  to 
Colonel  Samuel  Herrick's  Regiment  of  Rangers  already  raised  wiliiin 
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  aiipoinled 
and  authorized  to  muster  and  Return  tlie  several  Musters  of  the  whole 
in  order  to  their  being  severally  entered  and  intitled  to  their  ))ay  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,  Thomas  Chittenden,  Pres''- 

Attest,  Ira  Allen,  Sec'v- 

State  of  Vermont.    In  Council  of  Safety,  ) 
Bennington,  27"'  Aug'-  1777.         ) 
Whereas  this  Council  have  rec^  a  Letter  from  Captain  Burroughs  at 
Arlington  acquainting  us  that  our  Scouts  had  Taken  all  the  Stock  of 

^  Ebenezer  Allen  was  born  at  Northampton,  Mass.,  Oct.  17, 174.3,  and 
was  a  descendant  of  Matthew  Allen,  who  came  to  New  England  in  l(i32 
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  17S0.  He  distinguished  liimself  in  the  battle  of  ]>enning- 
ton,  and  particularly  so  by  a  nisrht  attack  with  forty  men  on  Mount  De- 
fiance, and  its  capture,  in  September,  1777,  and  also  the  capture  of  titty 
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  Tinmoulh  and  represented  it  in  several 
conventions  in  1776  and  1777;  removed  to  South  Hero  in  17S3,  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,  !>. 
451 ;  Vt.  Historical  Magazine,  vol.  i,  p.  607;  and  Deming's  Catalogue, 
1778  to  1851. 


148     Oouncil  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, 

Ira  ALLEif,  Sec'y 
Lieu'-  Martin  Powel^  Commissioner  Sequestration. 


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 iSTathan  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. 

By  order  of  Council,  Ira  Allen,  Sec'y- 

To  whom  it  may  concern. 


State  of  Vermont.    In  Council  of  Safety,  } 

Bennington,  27th  August,  1777.         \ 

To .• 

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'*- 

The  gentleman  in  whose  Custody  the  horses  are  is  requested  to  de- 
liver them  to  the  bearer. 

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  oi-ganization  of  the  Green  Mountain 
Boys  was  formed  for  resistance,  in  which  Ethan  Allen,  Setli  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  Vekmont.    In  Council  of  Safety,  August  27, 1777. 
To  Lieutenant  iSilas   Watson: 

You  will  please  to  scud  all  the  evidence  you  have  against  Jonathan  Card 
&  Peleg  Card,  [of  Pownal.]  As  we  propose  to  bring  them  on  tr^al  ou 
the  2'i)^^  Instant  we  shall  depend  on  hearing  li'om  you  by  said  day. 

By  order  of  Council,  luA  Allen,  IScc'v- 

lowed  by  a  proclamation  of  Gov.  Try  on  of  New  York,  dated  Dec.  9, 
1771,  otiering  a  reward  for  the  arrest  of  each  of  the  captains  above 
named.  Es(|uire  Munro's  house  had  been  visited  by  them,  and  they  had 
lired  into  it,  so  alarming  him  that  he  tied  for  safety  into  New  York. 
Gathering  there  a  posse  ot  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  ati'air,  which  will  be  found  in  Du  Puy's  Ethan  Allen  and  the 
Green  Mountain  Heroes  of  '76,  pp.  161-1(34,  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  ot  the  Green  Mountain  Boys  that  he  remained  quiet 
until  1777,  when  he  lied  to  Burgoyne's  camp,  and  the  Vcrmonters  cou- 
tiscated  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  I'uy's  Ethan  Allen;  H.  RalVs  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  tirst  in  the  columns  below  is  from  a  detailed  account  printed  in  the 
liurul  Magazine.,  1795,  furnished  by  "T.,"  which  may  stand  for  either 
Samuel  Tubbs  or  Isaac  Tichenor — most  probably  the  last  named.  Tliis 
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,  lor  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— Ancj.  15, 1777,  to  Blarch  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.  Benjaniiii  Ciianiberlin  and  three 
men  with  him  three  daj's  provisions,  as  they  are  Bold  Volunteers,  this 
Council  will  Settle  with  you  for  the  (Same. 

By  order  of  Council,  Iea  Allen  /Sec'^- 


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, 

Thomas  Chittenden,  Pres''- 
To  whom  it  may  Concern. 

'N.  B,     To  Mrs.  Munro,  by  sending  to  Bennington  Tomorrow  you 
can  have  one  of  your  Biding  horses  to  use  until  we  send  for  him. 

pr  order,  Thomas  Chittenden,  Pres''- 


State  of  Vermont.    In  Council  of  Safety,  27  August,  1777. 

To  Mr.  Harris: — You  are  hereby  directed  to   emplo}'  some  men  to 

Harvest  Mr.  Breakenridges  wheat  and  put  the  same  in  his  Barn,  you 

also  pay  the  expense  out  of  the  wlieat,  and  what  is  not  wanted  for  the 

use  of  the  familj'^  you  will  keep  imtil  further  orders  from  this  Council. 

By  order  of  Council, 

Ira  Allen,  Sec'^- 

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  part}'',  and  Caleb  Henderson  and  John  Whis- 
tou,  who,  according  to  the  Magazine,  tried  to  resist  Munro  wdien  he 
attacked  Baker's  house.  An  equally  serious  objection  exists  to  the  other 
theorjr,  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.  Munro''s  List. 

1.  Gen.  Isaac  C-lark, 

2.  Col.  Josejjh  Satford, 

3.  Maj.  Wait  Hopkins, 

4.  Coi.  David  Safford, 
Messrs. 

.5.  Timothy  Abbott, 

6.  Stephen  Hopkins, 

7.  Elnathan  Hubble',  [Hubbell,] 

8.  Samuel  Tubbs, 

9.  Ezekiel  Brewster, 
10.  Nath.  [JSTathaniel]  Holmes. 


1.  Joseph  Bradley, 

2.  Lemuel  Bradley, 

3.  Jesse  Sawyer, 

4.  Isaac  Vernernum, 
6.  Abel  Castle,  jr., 

6.  Curtis  Hawley, 

7.  Elisha  Sherman, 

8.  Philo  Hurlbut, 

9.  Abijah  Hurd, 

10.  Ebenezer  Wallis, 

11.  John  Whiston, 

12.  Austin  Seela, 

13.  Justice  Sherwood, 

14.  Caleb  Henderson. 

See  Vt.  Uist.  Mag.,  vol.  i,  p.  125;  H.  Hall's  Early  History,  pp.  134-137; 
Rural  Magazine,  vol.  i,  pp.  415-420. 


Council  of  Safety— Aug.  15.  1777,  to  March  12, 1778.     151 

State  of  Vekmont.     In  Council  of  Safety,  28"'  August  1777. 
To  Mr.  David  Fassett: 

!Sii\ — You  will  pivH'ood  to  Mr.  Jame**  Breakcnridiies'  and  make  strict 
exaniiuation  of  his  Iiiiproveinuiits  or  Lauds  adjoining  and  if  you  lind  any 
Stock  or  other  elfccls  whicli  you  have  reason  to  Suspect  belongs  to  any 
Eneuiieal  persons  within  this  State  you  will  seize  the  Same  and  Cause 
it  to  be  Brought  to  this  Council  as  soon  as  may  be. 

liy  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  ail  his  Lands  and  elfects  of  whatsoever  name  or  nature,  and 
bring  all  his  writings.  Together  with  all  his  Movable  effects,  to  this 
Council,  excepting  Two  cows  &  such  other  eftects  as  are  wanted  for  the 
Support  of  said  Munro's  Family,  which  j'ou  are  to  Leave  with  the 
Woman,  Taking  a  proper  account  of  them. 

By  order  of  Council,  Ira  Allen,  Sec'^- 

^  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  Y^ork,  Oct.  19,  1769, 
but  it  was  overawed  by  the  hostile  appearance  of  too  man}^  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  w'as  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, witli  Jehiel  Hawley  of  Ai'lington,  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  tiie  N.  II.  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  Farly  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 : 

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,  Preset- 


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- 
liibited  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  Continement;  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  Aug*- 1777. 

To  Mr.  Benjamin  Fassett: 

Sir — You  are  hereby  directed  to  Eepair  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^'- 


State  of  Vermont.    In  Council  of  Safety,  29th  August,  1777. 

"Whereas  his  honor  Major  Geni-  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  Hon'^'e  Continental  Congress 
of  the  United  States,  In  obedience  to  which  this  Council  have  heretofore 
Resolved  that  three  hundred  &  tw^enty-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  p'"  Month  be  paid  to  Each  per- 
son that  shiill  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— Au J.  16,  1777,  to  March  12,  1778.    153 

State  of  Vermont.    In  Council  of  Safety,  2!)  August  1777. 
The  following  Contains  a  List  of  the  Tories  of  tliis  State,  and  the  sev- 
eral Crimes  with  which  the}'  Stand  Charged,  (viz.) 

T,      .       .     T7,     .  (     Bv  Iheir  own  Confession  are  found  guilty 

Benjamin  East^man,  )  ^^.  ^,;,j,,i„     ^^^^  e„,.„,,.  i,,  disarniing  the  In- 

Phinehas  Hurd/  |  hahitants  of  Sandgate  \vithin  this  State. 

James  Eevnolds,  "] 

Ephraim  Mallory,  j      Acknowledge  they  Voluntarily  joined  the 

Johni^avoe  ^Enemv,  and  Were  Taken  in  action  the  10"> 

Solomon  Mdlington,  i  jnst' nl 

Bartholomew  Wennicks,  | 

George  Tibbetts,  J 

(     Taken  in  action  the  16  instant  &  by  his 
Paul  Gardiner,  }  own  Confession  fired  his  Piece  three  times 

(  on  Geni-  Starks  Brigade. 

f     Voluntarily  applied  to  Mr.  Skecne,"  took 

his  protection,  procured  a  quantity  of  animu- 

T        1,  XT     -1     .q  nition.  Promised  a  number  of  Cattle,  carria- 

Joseph  Haviiand,  ■{  „^^^^  ^^^-    rp,^^^^  ^^,  ^.^1   Warner^  [men]  on 

j  his  return  endeavouring  to   carry  his    pro- 
Uects  into  Execution. 

^  A  wealthy  citizen  of  Arlington,  who  was  proscribed  in  the  act  of  Feb. 
26,  1779.  In  Vt.  Hist.  Mag.,  vol.  i,  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,  Avas  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. 

"  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  ;  Avas  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. 

-r,,  ,1^    ,1  (     Confess  they  were  Conversant  with  the  En- 

Ebenezer  Washburn,         )  ^^^^^  ^^^^^  ^^-^^^  Protection,  &   voluntarily 
±.dward  isump,  ^  assisted  with  Teams,  provisions,  &c. 

. ,      ,         T    1  (      Found  to    be   in    the  aforesaid  action   & 

Abraham  Lake,  |  supposed  to  be  in  Arms. 

Watts  Hubbert    [jr.]  \  r^j^    Evidence  against  him  enclosed. 

[Hubbard,  of  Windsor,]  )  => 

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'^- 
To  the  Hon.  Major  General  Lincoln. 


State  of  Vermont.    In  Council  of  Safety,  30*1^  August  1777. 
Francis   Mattison  &  David   Mattison  [of   Clarendon]  are  Permitted 
the  Libert}'  of  this  Town  [Bennington]  until  further  orders  from  this 
Council. 

Gave  an  order  on  Colonel  Brush  com'J'  for  2  days  Provision  for  Isaac 
Ives  &  Samuel  Barto. 

By  order  of  Council,  Ira  Allen,  Sec'v- 


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,  2^  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,  Sec^- 

Francis  Mattison  and  David  Mattison  are  permitted  to  Return  to 
Clarendon,  &c.  By  order  of  Council,  Ira  Allen,  Sec'^- 


State  of  Vermont.    In  Council  of  Safety,  3"^  September  1777. 
Captain  Elijah  More  of  Putney  and  Capt-  Leonard  Spauldin,i  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. 

'  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  whigsand  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.  lA,  1777,  to  diarch  12, 1778.     155 

Francis  Breakenridge  is  permitted  to  Return  home,  &  Remain  on 
his  father's  home  farm,  and  if  found  olf  to  expect  39  Lashes  of  the  IJeach 
Seal,  until  further  orders  from  tl^is  Council. 

Thomas  Green  is  permitted  to  Return  home,  on  the  Recommendation 
of  Maj.  Youuglove,  until  further  orders. 


State  of  Vermont.     In  Council,  3i1  Septemher  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  i)retended  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  aiTaigned  b)^  the  Cumberland  County  Committee  on  the  25th  of 
Jul}',  1776,  and  it  was  resolved  "that  Lieutenant  Spaulding  make  suitable 
Confession  to  the  Committee  for  his  Conduct  in  Taking  Col"-  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  "Mr.  Spaulding  Comply'd 
with  the  above  Vote  hj  making  his  proper  Confession,  «&c."  When  in 
1781  the  Vermont  government,  by  wa}'  of  conciliation,  had  appointed 
two  well  known  Yorkers  to  office — men  who  were  oflieials  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,  177G,  and  representative  of  Dummerston  in 
the  General  Assembly  of  Marcli,  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  Ifew  York,  to  Major  Younglove,  as  he  is  one  of  the 
Commissioners  of  Sequestration  for  said  State. 

By  order  of  Council,  Ira  Allen,  Sec'v- 


State  of  Vermont.    In  Council  of  Safety,  .3'^  September  1777. 

Then  personally  appeared  David  Smith  &  acknowledged  himself 
bound  in  a  recognizance  of  one  hundred  j^ounds  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. 

Eichal'd  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  Regimeftt  who  has  been  taken  &  retaken, 
is  permitted  to  pass  to  his  Regiment. 

Resolved  that  Captain  Benjamin  Wait^  be  and  he  is  hereby  appointed 
Major  in  Lieutenant  Col.  Samuel  Herrick's  Regiment  of  Rangers. 

P""  order  of  Council,  iRA  Allen,  Sec'v- 


State  of  Vermont.    In  Council  of  Safety,  4"!  September  1777. 
To  the  officer  Commanding  the  Guards  at  Capt.  Dewei/s  Barn: 

Sir^ — Vou  are  hereby  required  to  Remove  all  the  prisoners  to  the 
School  House   &  see    that  there  is  a  proper  Guard  over  them   except 

^  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 
Louisbui'gh,  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  fixmily  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.     ir)7 

those  that  are  wounded.  If  there  is  sufficiciil  Kooin  in  Ihe  Meeting  House 
for  them  you  are  to  put  them  there  in  Lieu  of  (lie  Scliool  House. 

By  order  of  the  Council,  Ika  Allex,  Sec'-'- 


Resolved  that  Lieutenant  Jolin  Barnt-s  1ie  «S:  he  is  hei-ebv  ajjiiointcd 
Lieutenant  in  Captain  Riclianl  AVait's  Company  of  Bankers  in  L'-  Col"- 
Samuel  Herrick's  Regiment. 

the  I^ew  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  otRcers  of  the  upper  regiment  of  militia  in 
Cumberland  county  as  "  Beniamin  Wait,  Major."  Oct.  10,  177G,  he  was 
commissioned  by  New  York  as  captain  in  Maj.  Hoisington's  battalion 
of  rangers.  Sept.  3, 1777,  he  was  appointed  ma,jor,  b}^  Vermont,  in  Her- 
rick's  regiment  of  rangers,  and  he  commanded  that  part  of  it  (perhaps 
consisting  mainly  of  Ebenezer  Allen's  compan}^)  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.  Lafa3'^ette,  and  of  this  force  he  was  ap- 
pointed major. 

October  23,  1779,  he  was  appointed  sherilf  of  Wim^sor  county,  which 
office  he  held  for  seven  years,  with  the  exception  of  a  brief  period 
when  he  resigned  the  otHce  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. 
17S3,  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  aifair  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  militar}^  title  that  could  be 
conferred. 

The  township  of  Wailslield  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  Josejih  lagley  has  a  permit  to  Take  a  Bay  mare  Taken  from 
Capt.  Kurd's  Son  &  use  during  the  i)leasure  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,  Ika  Allen,  Sec'v- 

State  of  Vermont.    In  Council  of  Safety,  > 
4th  September  1777.^         ) 
To  all  whom  it  may  concern : 

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,  4tii  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,  Pres^- 

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 
Eandolph,  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. 

^  Two  pages  of  the  record  are  missing,  and  the  proceedings  (being  of 
Sept.  4,)  are  supplied  from  Slade's  State  Papers,  p.  2(j4.  Mr.  S.  undoubt- 
edly copied  them  before  the  record  had  been  mutilated. 

^  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.    Kose  was  proscribed  by  the  act  of  Feb.  26,  1779, 


Council  of  Safety— Aug.  15, 1777,  to  March  12, 1778.    159 

stances,  do  judse  that  the  said is  an  Eiicniv  to  tlic 

said  States  and  a  danijerous  person  to  j^o  at  laiijc.  Then-lore  order  that 
he  be  committed  to  Close  Coiitiuement  until  KeU-ased  by  orck'r  of  tliis 
Council.         B\^  order  of  Council,  Thomas  Ciiittendkx,  Fres'- 


State  of  Vehmont.    Ix  Council  of  Safety,  4*''  September.  1777. 

Resolved  that  Gen.  Jacob  Bade}-,  Dr.  Jonas  Fay,  and  Cajit.  Ira  Allen 
be  a  Committee  to  wait  on  the  TIon''it'  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,  SecV- 

Bennington,  oth  Septeinbei-,  1777;  Commissionated  Major  Benjamin 
Wait.  Ira  Allex,  ISec'v- 

Jonathan  Smith  is  Permitted  to  pass  to  Litchtield  in  Connectiiait  & 
Return  in  15  days. 

State  of  Vermont.     In  Council  of  Safety,  ] 
Bennington  September  r)">  1777.  f 

Permit  Arthur  Bostwick  to  j)ass  the  Guards  from  this  to  Manchester, 
and  Remain  on  his  farm  during  his  Good  Behaviour  or  the  pleasure  of 
this  Council.  Pr  orfler,  Thomas  Chittenden,  Fres"'- 

Let  him  Take  his  oxen  and  cart. 
To  whom  it  may  concern. 


Bennington  5  Sept  em  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 


*Seth  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  Yoi-k  authorities  upon  them.  In  this  business  AVarner 
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  array  ;  early  in  1776  he  raised  another  regiment  and 
served  very  efficiently  in  Canada;  and  July  5,  1776,  he  was  appointed 
colonel  b}'  Congress,  and  raised  still  another  regiment,  which  he  com- 
njanded  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  si(ch  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  enlistiug 


160     Council  of  Safety— Aiig .  15, 1777,  to  March  12, 1778. 

of  the  Country  to  the  N'orthward  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  w^as  followed,  July  5,  1776,  by  the  following  : 

Mesolved,  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.  li,  pp. 
219,  234.  '  .  PI 

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  Hul^bardton.  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  pui-pose,  and  yet  of 
much  benevolent  good  nature,  and  in  all  respects  both  commanding  and 
pleasing.  Plis  manners  were  simple,  natural  and  in  all  respects  entirely 
free  from  any  kind  of  aftectation;  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. 

SAivnjEL  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— A\icj.  15,  1777,  to  March  12, 1778.     161 

present  occupy — That  on  a]iplic"ition  to  eithor  of  tliem  at  any  tiino  llicy 
would  be  ready  to  furnisli  youi-  lionor  witli  sucli  men  or  nuiiihcrs  of  In- 
teligible  [intelliuentl  men"lo  EL'i)ort  tlu-  particular  Situation  of  tlic  Ene- 
my at  every  ])arlicular  }K)8t  as  nii<j;lit  hv  c(nillded  in. 
I  am  Dr.  (leneral,  hy  order  of  Council, 
Your  most  Obedient 

Humble  Servant, 

TiioHAs  Chittenden,  Pres'- 
Major  General  B.  Lincoln. 

In  Council  of  Safety,  (it"'  Septcmlicr  1777. 
To  Mr.  David  Fasset, — 

Sir, — Agreeable  to  Gen.  Lincoln's  Request  to  this  Council  vou  are  di- 
rected to  engage  tive  Teams  to  Carry  Flour  to  Manchester  this  day. 
By  order  of  Council, 

Ira  Allen,  Sec'y- 

State  of  Vermont.    In  Council  of  Safety,  September  G  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]  tS:  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";/- 


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 
August  he  led  the  attack  on  the  rear  of  Baum's  right  in  the  battle  of 
Bennington.  Gordon,  in  his  history,  acknowledged  "the  superior  niili- 
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  Indei)cndence.  Dt-li- 
ance,  and  Hope,  and  forced  their  retreat  from  Ticonderoga.  Sul)se- 
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  Septembei- 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,  Bec'y- 
To  Lieut.  Col"-  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  jiresent  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  1(J  1777  in  which  case  the  Exertions 
of  the  said  Council  was  found  to  be  Exceedingly  Serviceal)le. 
By  the  Donor's  order, 

John  Casey,  A.  D.  Camp. 
Copy.     Attest, 

Ira  Allen,  Sec'v- 

State  of  Vermont.    In  Council,  6  September  1777. 
The  following  Contains  a  List  of  Persons  belonging  to  the  state  of  N. 
York  Confined  on  Sus|)icion  of  being  Enemies  to  the  United  States  of 
America,  viz. 

j  Thomas  Collins,  ]  (  Jesse  Brown  &  ) 

I  Keuben  G  reen,    \  \  William  Moftit.  f 

The  above  are  the  whole  which  the  Council  have  in  Custody. 
I  am  Gentlemen  your  most  Obedient  Humble  Servant, 

Thomas  Chittenden,  Pres^^- 
\_To^  the  General  CommiUee  at  Albany. 

The  following  Contains  a  List  of  the  Tories  belonging  to  this  State, 
&  the  Several  Crimes  with  which  they  Stand  charged,  viz*- 

f     Has  joined  a  Tory  Scout  under  Amies  and 
I  assisted  them  in  Taking  and  keeping  a  pris- 
es i  -o        i  )  oner,  and  by  his  own  confession  Given  hard 
Samuel  liose,'                      <  .       •'        ,  ^     •    i  i 
'                         I  money  to  several  young  men  to  induce  and 

I  Enable  them  to  join  s<i  Scout  &  go  to  the 
(^British  Troops.  ■ 

f     Went  Voluntarily  under  Armes  to  the  En- 

I  eniies  Camp,  and  was  Taken  on  the  16  day  of 

Aug.  in  the  memorable  Battle  fought  near 

I  this  place.  The  reason  of  Cliel son's  being  Sent 

,  I  in   Irons  is,   he   has   once    Broke    from  the 

[Guards  and  Got  some  Miles  before  Retaken. 

This  Council  Avish  those  persons  to  be  Sent  on  Board  the  Guard  Ships 

in  the  North  Biver,  or  otherwise  Dealt  with  as  your  honor  in  your  Great 

Wisdom  shall  think  proper. 

I  am  Dr  Gen'-  your  roost  (3bedient  Humble  Servant, 

Thomas  Chittenden,  Pres''*- 
The  Hon'''-  Major  General  Gates. 

*  Of  Manchester,  proscribed  by  the  act  of  Feb.  26, 1779,  and  his  prop- 
erty confiscated. 


Beriah  Chelson,  ■{ 


Council  of  Safety— Aug.  15,  1777,  to  March  12,  1778.    163 

Peter  Payne  beiiis:  nrnined  for  Enoniicnl  CoiKkict  towards  (lie  United 
States  of  America,  this  Council  liavinij:  lu-ard  the  K\i<h"nci'  a<,Minst  the 
said  Payne  &  his  Ari,nunents.  i^-  haviny  <luly  (h'liherated  on  the  same,  do 
Judge  &  order  that  tlie  said  Peter  Payne  jiay  as  a  line  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,  6^''  Sept.  1777. 

(     Is  proved  an  Enemy  to  the  United  Slates 
Bennit  Bardsley,'  ^  of  America  by  words "&  actions  &  is  Judged 

(  a  Dangerous  person  to  go  at  Large. 

f     Has   taken   Proteciion   under   Gen'-   Bur- 
Isaac  Ives  ^  \  S*^'^"^'  ^'^*^  been  very   olficious   in  assisting 

"' '  '  I  Him,  by  his  own  Confession  been  to  the  Reg- 

Lulars  &  Drove  Cattle. 

Nathan  Cantield,*  "Itji^u        i  \^^■  ^ 

Zadock  Hard  *  '      Pi'^ved  to  have  been  Aiding  and  assisting 

Andrew  Hawlev  *  '^^'^  ^^^^  British  Troops,  and  dangerous  persons 

Caleb  Daton,*    ^'  j  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 
s<i  persons  be  Committed  to  Close  Confinement  in  the  Common  Gaol  at 
Westminster  until  Released  b}'  proper  authority. 

By  order  of  Council,  Thomas  Chittenden,  Pres''- 


State  of  Vermont.  In  Council  of  Safety,  6  Sept»-  1777. 
The  Council's  Compliments  most  Cordially  wait  on  his  Honor  JJriga- 
dier  General  Stark,  with  their  sincere  thanks  for  the  Honor  the  General 
has  been  pleased  to  do  them,  by  presenting  them  with  a  IIe!isi.an  Broad 
Sword  Taken  by  a  number  of  Troops  from  the  State  of  New  Hampshire 
&  Elsewhere  under  his  Immediate  (>oiiimand,  in  the  Memorable  I3attle 
fought  in  Walluomsac  near  this  place  on  the  K!  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. 

Pr  Joseph  Fay,  Secy- 

Brig.  GenJ'-  Stark. 

^  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.  i,  p.  1:54. 

*  These  Avere  all  tried,  convicted,  and  fined.  The  record  shows  that 
Hard  and  Hawley  satisfied  the  judgments,  and  it  is  presumed  that  Dalon 
did  also. 


164     Council  of  Safety— Aug.  15,  1777,  fo  March  12,  1778. 

State  of  Vermont.    Ix  Council  of  Safety,  8  Septr-  1777. 
To  the  officer  of  the  Guard  at  the  School  i7o(ise:— Permit-   Mr.  David 
Fassett  to  Take  out  of  tlie  Guard  House  Zadock  Hard  &  Audrew  Ilaw- 
ley;   he  is  to  return  them  in  tliree  days. 

By  order  of  Council,  Thomas  Chittenden,  Pres'^- 


Bennington  8  September  1777. 
Dear  GeneraZ— In  the  absence  of  Doct'"  FayReC^  your  favour  of  the  71'' 
Instant,  in  which  your  honor  informs  that  you  have  been  so  kind  as  to 
supply  our  Troo])s  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  Hum'''<^  Servant, 

Thomas  Chittenden,  Pres''- 
Major  Gen.  Lincoln. 


To  jSfathaniel  Fisk^  &  Phil.  Griff  en: 

Notwithstanding  your  ungratefulness  to  your  Countr}^  &  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  Induf^ed  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, 

Thomas  Chittenden,  Pres'^- 
To  W'"-  Searls,  Jr.,  of  ArUngton." 


State  of  Vermont.     In  Council  of  Safety.  8  Sept'»'  1777. 
To  Captain  Jonathan  W.  Fassett: 

Sir, — You  arc;  heret)y  Authorized  to  procure  or  Impress  Ten  Teams 
immediately  for  the  use  of  forwarding  provisions  to  the  Arm3^ 
By  order, 

Thomas  Chittenden,  Pres''- 


State  of  Vermont.    In  Council,  8  September  1777. 
To  Captain  Ebenezer  Allen: 

Sir, — This  day  rec<i  yours  of  the  6"'  Instant  dated  at  Manchester 
Requesting  this  Council  to  furnish  you  with  Shoes.     We  have  taken  the 

^  Fisk  voluntarily  appeared  and  took  the  oath  of  fidelit}'  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 — Aucj.  15,  1777,  to  March  12,  1778.    16;") 

same  iulo  Coiisideialion,  &  do  hoix'l)y  Hcfdniinoiul  to  you  to  Take  some 
Leatlier  out  of  Mars^lu-s  Tau  yard  al"^  8lialtsl)ury  and  make  Moj^asons  to 
answer  the  present  puri)()se  until  Slioes  ean  be  proeured.  You  are  to 
make  ajiplieation  to  Captain  Fileli  or  llie  person  who  lias  the  eare  ol'  the 
yard.  The  Leather  is  to  be  appraised  and  Returns  made  to  tliis  Jioard. 
By  order, 

Tno^-  CuiTTKNDEN,  I'res'- 

The  following  is  a  Copy  of  a  Complaint  Ree'i  from  L'-  Isaac  Clark, — 

Bknmngton,  S  September  1777. 
To  the  Council  of  Safety, — I  the  Subseriber  Complain  of  David   Rem- 
ington of  Caslleton  for  going  to  the  Ministerial   Army  and  Serving  as 
Conductor  of  Teams  in  the  King's  Service  as  doth  apjjcar  by  his  writings.' 

Isaac  Clark,  L'- 


State  of  Veemont.    In  Council  of  Safety,  8  Sepf- 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. 

B}^  order, 

Joseph  Fay,  Sec'y- 

State  of  Vermont.    In  Council,  9"'  September  1777. 
Permit  Samuel  Burton  to  Take  his  oxen  &  keep  them  until  i'urther  or- 
ders. 

pr  order, 

Thomas  CniTTENDEN,  Pres''- 
To  the  person  who  has  them  in  Keepiny. 

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  Eniniical  Conduct  towards  the  United 
States  of  America.     [He  was  proscribed  by  the  act  of  Feb.  20,  177t).] 

State  of  Vermont.    In  Council  of  Safety,  9  Sept'r  1777. 
Resolved  that  iN'athan  Cantield  be  Committed  to  Close  Conlinement  in 
the  Common  Goal  in  Litchfield  in  Lieu  of  Westminster  Goal. 

Permit  M<^ss-  Lemuel  Canfield  and  Jabez  Worster  to  pass  to  Arlington 
&  move  to  this  place  Nathan  Canfields  Family  [nnd]  Moveable  effects  & 
Lease  out  his  farm. 

By  order  of  Council,  Tno"-  Chittenden,  Pres''- 

To  all  to  whom  it  may  Concern. 


State  of  Vermont.    In  Council,  10"'  September  1777. 
Whereas  W>"-  Searls  Ju'"  has  disposed  of  one  yoke  of  oxen,  which  is 
the  property  of  William  Beedle  of  Manchester  who  has  been  api)rehend- 


'  Remington's  propertj'  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  8*^  Searls 
be  &  is  hereby  directed  immediately  to  pay  into  the  Treasury  of  this 
State  Seventy  four  Dollars,  which  was  the  sum  he  Rec<*  for  said  oxen. 

Execution  Issued  on  the  above  Judg't  to  Eb'r  Wallis. 

By  Order, 

Jos.  Fay,  Sec'v- 

Ifemorandum. — Captain  Tapan  Noble  has  a  Cart  in  his  custody  which 
belongs  to  this  State,  which  he  promises  to  return. 

Josej^h  Donklc  has  returned  a  Gun  and  Cartouch  Box  he  rec'"^  some 
time  ago  of  the  Council  ;  his  Rec^  was  mislaid  &  not  given  up. 


State  of  Vermont.    In  Council  of  Safety,  ll^'i  Sept'r  1777. 

To  Peter  Harwood: 

You  are  directed  to  Receive  the  Sick  person  in  David  Eassetts  Care 
into  your  House  &  Keep  until  further  orders. 
By  order  of  Council, 

Tnos-  Chittenden,  Pres'^- 

Permit  the  bearer  Francis  Burnes  to  pass  to  Pownal,  and  Return  to 
this  place  at  the  end  of  six  days. 

pr  Order, 

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,  12*^^  September  1777. 

To  Fregift  Cole  : 

(Sir, — You  are  hereby  required  to  Deliver  to  Lieu*  Isaac  Clark  five 
sides  of  Leather  out  of  the  Leather  belonging  to  Marsh  &  Take  his 
Rec*  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  Amies,  &  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  Troojis  (&  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  Arni}^,  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.     107 

Statk  of  Vkemont.    In  Council  of  Safety  12  Sept'r  1777. 

Then  voluntaiily  api)enre<l  before  this  Council  Henry  BuUis,  and  ac- 
knowleclijeth  himself  (Juilt}'  of  Taking;  his  arms,  i^:  Joining  the  Inl'a- 
mous  Samncl  Adanis*  Company,  tV:  going  with  them  lo  the  British 
Army,  praying  this  Council  to  Take  iiim  under  their  protection  iV  deal 
with  him  according  to  their  judgment  &  discretiou,  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  l)e  dis- 
missed. 

By  order  of  Council,  Joseph  Fay,  Sec'J- 

Permit  Henry  Bullis  to  pass  from  this  to  his  farm  in  Manchester  there 
to  reitiaiu  unmolested,  he  behaving  as  becometh  a  friend  to  his  Country, 
as  he  has  Taken  the  oath  of  Alegiauce  to  the  States  of  America. 

By  order,  Joseph  Fay^  Sec'y- 

To  whom  it  may  concern. 


Statk  of  Vermont.    In  Council  of  Safety,  12">  Sejjt'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  an}'  Time. 

By  order,  Tno^  Chittenden,  Pres''^- 

Permit  Comfort  Curtis  to  pass  from  this  to  his  brother  John  Curtis'"  in 
White  Creek,  he  behaving  as  becometh  a  friend  to  his  Country,  there  to 
remain  until  further  orders  from  this  Council. 

By  order,  Joseph  Fay',  Sec'y- 

To  whom  it  may  .concern: 

Nehemiah  French  having  voluntarily  appeared  before  this  Council 
and  acknowledged  himself  Guilty  of  Taking  up  arms  &  joining  the  In- 
famous Samuel  Adams^  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. 

^  Doctor  Samuel  Adams  settled  in  Arlington  in  17(54,  coming  from 
Newton,  Conn.  He  held  his  land  by  a  New  Hampshire  title,  and  acted 
otRcially  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  tlie  contrary  course,  urging  the  N.  II.  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  Avas  arrested,  tried,  convicted  as  an  enemy,  and  pun- 
ished by  being  hoisted  up  the  catamount  sign-post,  and  susjjcnded  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  etlect 


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 
Nehem''  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  o"f  fidelity  to  the  United  States  of  America,  then  to 
be  dischai'ged. 

The  above  judg't  is  satisfied  in  cost. 

By  order  of  Council,  Joseph  Fay,  Sec'v- 

State  of  Vermont.    In  Council,  12tii  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'v- 

Resolved  that  Kathan  Canfield  be  permitted  the  privilege  of  Letting 
his  Farm  &  elfects  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. 

pf  order, 

Thos-  Chittenden,  Pres'*- 

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,  Tiio^-  Chittenden,  Pres'^- 

To  ivhom  it  may  concern. 
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,  Joseph  Fay,  Sec'y- 

To  whom  it  may  concern. 

State  of  Vermont.    In  Council,  1.3"!  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. 

By  order,  Joseph  Fay,  Sec'^- 

To  whom  it  may  concern. 

Resolved  to  Adjourn  this  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.  i,  pp. 
12.3,  126,  129 ;  and  I.  Allen's  History  in  Vt.  Hist.  Soc.  Collections,  vol  i, 
p.  356. 


Council  of  Safety— Aug.  1.0,  1777,  to  March  12,  1778.    1G9 

nized  in  the  Sum  of  one  thousaiul  poiuids  L.  Monej^  tliat  Natlian  Can- 
field  shall  be  ready  at  the  call  of  this  Ciuuicil  at  any  time,  as  Witness 
our  hands.  Siuut^d,  Lemukl  Canfield, 

Jabez  Wousteu. 

Rec<i  of  Nathan  Canfield  1  p>"  Blacksmith's  Bellows,  one  anvil,  one  vice 
without  a  Screw,  &  one  p'"  Tongs,  wliich  was  the  property  of  Samuel 
Buck  [of]  Arlington,  in  behalf  of  the  Council  Rec'* . 

Pi'  Joseph  Fay,  Sec'v- 


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  becomcth  a 
friend  to  the  States  of  America,  as  he  has  Taken  the  oath  of  Allegiance 
to  the  States.  P'"  Order,  Joseph  Fay,  6'ec>- 


State  of  Vermont.    In  Council  of  Safety,  17"'  Sepfi- 1777. 

Resolved,  That  [for]  whatsoever  of  the  Goods  or  Chatties  that  was 
his  property  (viz*-  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,  Pres'- 

This  Council  on  Reconsideration  vote  &  order  that  Bennet  Bardsley 
pay  as  a  fine  for  the  use  of  this  State  the  sum  of  fifteen  pounds  L. 
money  &  be  discharged  from  further  confinement. 

Pr  Order,  Thos.  Chittenden,  Pres\. 

September  24  1777. — Then  appeared  Bennet  Bardsley  and  paid  fifteen 
pounds  Lawful  money  in  satisl'action  for  the  above  judgment  of  Council. 
£1.5  0  0.  Joseph  Fay,  Sec'v- 


Bennington  17"'  September  1777. 

Dear  General, — We  Have  llac'^-  Certain  Intelligence  by  two  of  our 
I^eighbours,  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  artiller}^  &  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,  Sc  that 
they  have  done  Great  Mischief  in  Burning  the  buildings  at  AVhite 
Creek,  also  have  taken  some  jirisoners  &  Cattle  from  Cambridge,  which 
alarms  the  Inhabitants  to  tliat  Degree  that  they  are  removing  their  Fam- 
ilies &  Effects  into  the  Country.  We  are  ap]irehensive  of  Danger 
fi-om  the  Enemys  small  Scouts  who  are  daily  discovered  between  this  it 
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  Sucli  Kelief  as  your  Wisdom  shall  di- 
rect. 

We  are  Dear  Sir  your  most  obedient  &  very  Hum'''^  Servants, 

By  order.  Tiio^-  Chittenden,  Pres'^- 

Hon'  Maj.  Gen'  Lincoln. 

Copy.    Attest,  Joseph  Fay,  Seci^- 


State  of  Vermont.     In  Council.  18  September  1777. 
Samuel  Stewart  is  permitted  four  days  absence,  tben  to  return  to  this 
place,  as  he  has  Taken  the  Oath  of  Alegiance  to  the  United  States.^ 

By  order  of  Council,  Joseph  Fay,  Sec'y- 

To  whom  it  may  concern. 


State  of  Vermont.     In  Council  of  Safety,  18*''  Sepf  1777. 
To  Ebenezer  Willoughhy: 

Sir — I  rec^  yours  of  yesterday's  date,  also  rec'^  verbal  accounts  from 
your  Father,  am  sur]:>rised  at  boath  :  tii'st  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  Conversa- 
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,  &  3'">'  that  you  should  [escape]  when 
you  was  taken,  by  our  ])eople  on  your  Return,  which  Circumstance  [his 
return]  would  have  been  nuich  in  yovir  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  notwitlistanding  as  it  a])pears  b}'  your  Letter  and 
your  Fathers  request  that  you  have  a  desire  to  be  ReC*  into  favour  of 
your  Country,  I  am  to  inform  you  that  if  you  see  cause  to  come  t<i  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. 

pf  order,  I  am,  Sir,  yours,      Tho^-  Chittenden,  Pres''- 


Bennington.  18  Sept.  1777. 
Dear  General, — This  da}'  rec"^  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  I'l-osecute  your  orders  when  Called  upon. 
I  am,  D''  General,  your  Most  Obedient 

Humble  Servant, 
By  order  of  Council,  Joseph  Fay,  Sec''^- 

The  Hon.  Maj.  Genl.  Gates, 

Commanding  the  Northern  Department.^ 

'  Stewart  afterwards  joined  the  army. 
^This  was  in  answer  to  the  following: 

Camp  on  Bemus'  Heights,  Sept.  17, 1777. 
I  have  Rec'd   Certain   Intelligence  that  Geni  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,  18*''  Sepf-  1777. 
Gentlemen, — I  am  ordered  by   this  (Jouneil  to  Inclose  a  Copy  of  Gen'- 
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  Humh'  Serv'' 
By  order,  Joseph  Fay,  Sec'v- 

HonP'"  Committee  of  Charlestoion,  JV.  Hampshire.         (Copy.) 


Bennington,  18  September,  1777. 
Dr.  Sir^ — I  am  directed  by  the  Council  to  Inclose  you  a  Copy  of  a  Let- 
ter Just  rec'i  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  Countr}-.  Therefore  it  is  Expected  that 
you  will  Exert  yourself  &  come  forward  with  all  the  Militia  you  Can 
raise  out  of  your  Eegiment  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  oh*  Hum'^i'^  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  atyour  being  Absent, 
&  thretten  to  come  off  with  General  Stark's  men. 

By  order,  THOMAS  Chittenden. 

Col.  William  Williams. 

Copy  exam'J'    Joseph  Fay,  Secy. 


Bennington,  18  Sept.  1777. 
!)'••  Sir, — I  am  ordered  to  inclose  yon  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  Col"  Marshe's  regi- 
ment. 

I  am,  Sir,  your  Humble  Servant, 

By  order,  Jo.  Fay,  Sec'v- 

Colo  Peter  Olcott. 


Bennington,  IS^''  Sepf-  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,  whicli  are  carried  to  the  five  mile  Island  in 
Lake  George.  From  this  it  is  Evident  the  Gen'  Designs  to  Resque  all 
upon  one  Rash  Stroke,  it  is  therefore  the  Indispensilile  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,  S""'  your 

most  obedient  hb'«  Sev*' 

Horatio  Gates. 
To  the  Tlonorahle  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  jjlease 
consult  General  Bayley,  &  will  Doubtless  think  Projjer  that  he  return 
or  send  home  to  forward  the  Militia  with  all  Expedition. 
I  am  Di'  Gen'  your  most 

Obedient  Humble  Servant, 

Joseph  Fay,  /Sec'y- 
Hon.  Maj.  Gen^  Lincoln. 

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^^- 


Bennington,  18th  Sept.  1777. 
I)''-  General, — We  have  this  day  received  a  Letter  from  your  Honor, 
Directed  to  the  Commanding  otticer  of  the  Troops  on  their  way  to  join 
the  Northern  Department,  which  we  have  forwarded  by  Express.     We 
heartily  wish  you  success,  and  am  your  most  obedient 
Humb'e  Servant, 
By  order  of  Council,  Joseph  Fay,  Sec'^- 

Hon.  Brigadier  General  Stark. 


State  of  Vermont.    In  Council  of  Safety,  19"''  Sepf-  1777. 

To  Captain  William  Fitch: 

^j^^ — 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  Hum"^!-  Servant, 
By  order  of  Council,  Joseph  Fay,  Sec'^- 


State  of  Vermont.    In  Council  of  Safety,  IQi''  Sept'-  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''- 

David  Castle  Jur-  is'  permitted  to  pass  from  +his  to  his  home  unmo- 
lested as  he  has  taken  the  oath  of  Fidility  to  the  United  States. 

pr-  Order,  Tiio^- Chittenden,  Pres'^- 

David  Castle  jun""-  is  permitted  to  remain  at  his  Fathers  house  unmo- 
lested until  he  is  able,  then  to  pass  to  this  place. 

pi"  order,  Tiio'-  Chittenden,  Pres't- 

Bennet  Bardsley  is  permitted  to  pass  to  Manchester  and  return  within 
five  days  Excejit  he  should  satisfy  the  Judgment  of  this  Council  within 
that  Time  and  Receive  a  Certificate  from  this  Council. 

P""-  Order,  Tiios-  Chittenden,  Pres'^- 

Elijah  Benedict  is  permitted  to  pass  &  Repass  unmolested  as  he  has 
taken  the  oath  of  Fidelity  to  the  States  of  America. 

By  order,  Tiio^-  Chittenden,  Pres"'- 


State  of  Vermont.    In  Council  of  Safety,  19  Sept'-  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  witliin  five  days  from  this  date  on  the  parole 
of  honor,  havinrr  lirsl  Notified  Mr.  Moore  to  attend  on  this  Council  with 
him,  or  bring  a  line  from  said  Moore  \o  si<jnity  llial  all  matters  in  <lis|)ut(! 
between  them  is  finally  settled  with  Captain  Willouixliby.  Should  Mr. 
Moore  refuse,  it  is  accepted  [expected]  he  will  attend  o!i  this  notice. 
liy  order,  JosKPir  Fay,  Sec'v- 

To  wJiom  it  may  concern. 

Francis  Barnes  is  permitted  to  pass  from  this  to  home  Si  Return  to 
this  Council  in  fifteen  days. 

By  order,  Thomas  Ciiittendkn,  Pres''- 

The  foUowiuiX  jiersons  are  permitted  to  pass  vi/.t-  Daniel  Dorchy  & 
Silvenus  Perry  from  this  to  Sunderland  &  Return  within  one  month! 
By  order,  Tik)>ias  Chittkndkn,  Pres''- 

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,  Tiios.  Chittendex,  Pres'- 


State  of  Vermont.     In  Council  of  Safety,  20  Septi-  1777. 
Thomas  Phillips  is  permitted  to  pass  from  this  to  Poughkeepsie. 

By  order,  Joseph  Fay,  Sec'v- 

State  of  Vermont.    In  Council  of  Safety,  20  Sepf  1777. 
Andrew  Hawley  is  permitted  to  pass  to  his  house  in  Arlington,  his  re- 
turning within  seven  days  to  satisfy  the  judgment  ()f  this  Council. 

By  order  of  Council,  "  Joseph  Fay,  SecV- 

To  whom  it  may  concern. 

Zadock  Hard  is  permitted  to  jiass  from  this  to  his  home  in  Arlington, 
his  Returning  to  this  CouTicil  within  seven  days  to  satisfy  the  judgement 
of  this  Council. 

By  order  of  Council,  JosEPii  Fay,  (SecV- 

The  Council  beg  leave  to  return  their  sincere  thanks  to  the  Hon'''e 
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  r>ayonet,  one  Broad  Sword, 
one  Brass  Berriled  Drum,  &  one  Granidiers  Cap.  Taken  on  tiie  Memor- 
able 10  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  Hum'''  Servant, 
Gen  Stark.  Thos-  Chittenden,  Pres''- 

Copy  exam''-        Joseph  Fay,  Sec'y- 


State  of  Vermont.     In  Council,  20"'  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  Commif- 
led  until  this  Judgment  is  Complied  with. 
MO  10  0.  '  By  order  of  Council, 

Tiios   Chittiindex,  Pres''- 
RecJ-  The  above  sum  of  ,£40  10  0  at  two  several  i)aymeiits,  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,  20*»>  Sepf-  1777. 

Eesolved  on  Reconsideration  that  Caleb  Daton  pay  a  fine  of  thirty 
pound  for  the  nse  of  this  State  and  Stand  Committed  until  this  Judgment 
be  Complied  with.  By  order  of  Council, 

£30.  .  Thos.  Chittenden,  Pres'^- 


State  of  Vermont.    In  Council  of  Safety,  20  Sept^-  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,  Pres'^- 

Reel-  of  Andrew  Hawley  £15  12  6  Lawful  money  in  part  pay  of  the 
above  Judgment.  F'-  Joseph  Fay,  Sec'y- 

£15  12  6. 


State  of  Vermont.  In  Council  of  Safety,  20*''  Septr-  1777. 
Dear  General,— Your  favour  of  the  18  Instant  was  duly  rec<J-  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,  D""- General,  by  order  of  Ihe  Council, 

Your  most  Obedient  humi^ie  Servant, 

Jonas  Fay,  V.  P. 

Since  Closing  this  Letter  a  person  has  arived  from  Foi't  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,  Jonas  Fay. 

Brigadier  General  Stark. 

State  of  Vermont,  in  Council  of  Safety,  ) 
Bennington,  20i"  Sepf-  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.     Ha 

number  of  Fdreign  Troops  Exclusive  of  Torii-s.  They  Have  Six  weeks 
Provisious  which  tliey  keep  coustantly  on  board  tlieir  Water  Craft.  Tlie 
gentleman  learns  further  that  they  seem  disposed  to  llisque  all  on  one 
desperate  action.  The  Front  of  their  Army  exiiect  to  Winter  in  Al- 
bany if  General  How  ])euetrates  up  North  River,  if  not  at  TiconcU-roga 
&  there  rear  in  Canada.  Any  thing  in  the  Power  of  this  Council  is 
always  Ready  at  your  Command. 

I  have  honor  to  be  D'"-  Gen'-  by  order. 

Your  most  Obedient  flum'''«^  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  8  Weeks  Provisions. 

Hon^'^  Maj'--  General  'Gates. 


Bennington,  21  September  1777. 
Circular  Letter. 
To  all  Gentlemen  Concerned: 

The  Council  enclose  a  Copy  of  the  Hon'*'*-'  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  3-our  assistants,  you  never  can 
have  it  in  your  power  to  do  yourselves  &  your  Country  a  Greater  Ser- 
vice. So  favourable  a  pros])ect  of  success  in  the  Northern  Department 
never  before  appeared.  Pray  exert  yourselves  this  once  &  the  Matter 
cannot  Ditain  you  Long. 

I  am  D'-  Gentlemen  \w\\\\  Great  anxiety 
(by  order  of  the  Council) 

Your  Most  Obt.    Hum'''e  Servt- 

Tno"-  Chittenden,  P. 
Joseph  Fay,  Sec'v- 
Copy  exam*^- 

Jos.  Fay%  Sec'y- 


Bennington,  6  o  clock  21*  Sept'-  1777.     ) 
State  of  Vermont.     In  Council  of  S.\fety,  date  above,  f 
Dear  General,— Youv  particular  Orders  by  Maj"'"  Cochran  has  been 
duly  Rec'i-  &  Copies  thereof  have  been  inclosed  and  forwarded  to  ever\' 
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  sliall  be 
Wanting  tliat  is  in  tlieir  Power  to  Grant  every  assistants. 
I  am  D'"  General  by  order  of  Council 

Your  most  Obedient  Hum'''^  Servant, 

Thos.  Chittenden,  P. 
Honpi^  May-  Gen'-  Gates. 

Copy  Exam''-  Joseph  Fay,  8ec'y- 


176     Council  of  Safety— Aug.  15,  1777,  to  3Iarch  12,  1778. 

Bennington,  22*1  September  1777. 

Dear  General— I  am  dii-ccted  by  tbe  Council  to  inform  you,  that  the 
Kangers  of  this  State  under  the  Command  of  Col"-  Samuel  Herrick  in 
Conjunction  with  C(j1<'-  John  Brown  of  Tittsfield,  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,  0  Subalterns,  14*3  Rank  &  non  commissioned  officers, 
119  Canadians,  20  artiticers— 2!l.'{  Total— And  one  hundred  of  our  pris- 
oners Eeleased,  a  quantity  of  Provisions  &  a  number  of  Amies,  out  of 
which  the  one  hundred  Prisoners  Just  Mentioned  who  were  Taken  in 
the  action  at  Ilughbarton  [Hubbardtcm]  wcire  furnished  &  now  act  in 
Coiijuiuitinn  with  Colonels  llerrick  &  Brown.  The  enemies  Water 
Crait  Consist-  of  200  Bat  tons  &  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  Ai-nold  was  oblidgeil  to  lletreat,  but  being  Iteinforced, 
Recovered  his  own  so  that  the  (J round  remained  8  o'clock  yesterday  di- 
vided between  them,  none  Gained  on  Either  Side,  &  the  dead  unbu- 
ried;  this  ace*-  came  by  express  from  General  Gates^  Head  Quarters  yes- 
terday afternoon,  by  Maj'-  Cochran,  who  returns  this  Morning  with  the 
HonW«  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  acc^-  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, 

Joseph  Fay,  Sec^^- 

Hon^^^  General  Wolcott. 


State  of  Vermont.    In  Council  of  Safety,  22  Septr-  1777. 

This  may  certify  that  Libeus  Armstrong  has  Dilivered  one  Load  of 
Boards  which  lif  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. 

By  order,  Joseph  Fay,  Sec'^- 

'  Francis  Pfister,  who  had  been  an  officer  in  the  Royal  American  Regi- 
ment in  17G0,  retired  from  the  army  and  settled  near  Hoosick  four  cor- 
ners. 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 , 1 7 7 7 ,  fo  March  12,1778.     177 

State  of  Yermont.    In  Council  of  Safety,  22  Scpl'-  1777. 

Samuel  Williams  is  permittod  to  jiass  and  repass  unmolested  as  he  has 
been  examined  before  tliis  Council.' 

By  order,  Thomas  Chittenden^  Pres''- 

'Rev.  Samuel  "Williams,  LL.  D.,  was  born  in  Waltham,  Mass., 
about  1740;  graduated  at  Harvard  in  17(31;  was  ordained  minister  of 
Bradford,  Mass.,  Nov.  20,  170'),  where  he  remained  until  he  became  pro- 
fessor of  mathematics  and  ualuial  ])hilosophy  in  Harvard,  which  office 
he  held  until  1788,  when  he  resiij^ned  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-'5,  1787-'9o,  and 
1798-9 — in  all  fourteen  years.  He  was  a  member  of  the  Governor's 
Council  in  179o-'98 — four  years,  in  two  of  which  he  had  been  elected  to 
the  House  also.  He  Avas  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  Hural  Magazine^  comprising  two 
octavo  volumes.  Pie  is  entitled  to  honor  as  one  of  the  founders  of  the 
University  of  Vermont,  for,  said  President  John  Wpieelek  in  his  his- 
torical discourse,  Aug.  1,  18.54,  "  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  fiicts  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  3Iarch  12, 1778. 

In  Council  of  Safety.  Sept.  22, 1777. 
To  Captain  Jonas  Galusha,  iii?-,— You  are  hereby  directed  to  repair, 
with  lift }■  men  of  tlie  Militia  of  Col.  Moses  Robinson's  Regiment,  now 
under  vour  Command,  to  the  Hon'''*'  Major  General  Qates'  Head  Quar- 
ters, Avho  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  otBcers. 

(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  dul3'  executed. 

By  order  of  Council,  Joseph  Fay,  Sec'y. 

To  Lieut.  William  Hutchins. 


In  Council,  Bennington,  23'^  Sept.  1777. 
Dear  Sir,  -This  moment  rec^-  your  favour  of  this  days  date  requesting 
horses  &  Emty  Baggs  to  be  forvvarded  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  Hum'^i^  Servant, 

Joseph  Fay,  Sec^- 
Col.  B.  Simonds. 

State  of  Vermont.    In  Council  of  Safety,  24*1'  Sepf  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,  17'.J7,  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  Philosoph}^  and  Polite  Learning;  and  it  is  doing  him  no  more 
than  justice  to  say,  there  are  very  few  in  the  United  Slates  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  i^ersonal  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  tliat  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  KiH'ping,  as  I  am   infornu'd  3'oiir 
cow  is  in  Shaf'tsbury  and  can  drive  her  lionie. 

By  order  of  Couneil,  JofiKPii  Fay,  ^'ec>- 

State  of  Yehmont.  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,  ifec.  for  the  use  of  the  Wounded  under  his  direction  and  care, 
the  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,  JoSEPn  Fay,  Sec^v- 

Docf  Hogan.^ 

"William  Haviland  is  permitted  to  pass  to  see  his  Brother  a  prisoner  in 
the  State  of  N.  York. 

By  order,  JosErii  Fay,  Sec'*- 

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'y- 


State  of  Vermont.    In  Council,  24  Sept'"  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,  -Sec'y- 

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,  i»ec'y- 

State  of  Vekmont.    In  Council  of  Safety,  24^''  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,  »Sec>- 

Date  above  rec^i  the  sum  of  £15  in  full  of  the  above  judgment  as  p"" 
Certificate  given  to  him. 

pr-  Joseph  Fay,  Sec'y- 


State  of  Vkrmjnt.  In  Council  of  Safety,  24  September,  1777. 

In  consequence  of  a  Letter  ReC^  from  Colonel  Benjamin  Simonds 
[Simmons]  for  horses  to  forward  flour  to  the  relief  of  Gen'  "Vitamer  at 
Tyconderoga  we  have  granted  Warrants  to  procure  them  with  all  Expe- 
dition.'* 

By  order  of  Council,  Joseph  rAY%  /Sec>- 

'  A  resident  of  Bennington  from  1766  to  1790. 

*  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,  <S:c.,  in  con- 
nection with  Bennington  battle.  In  1780  the  town  of  Lincoln  w^as 
granted  to  Col.  Benjamin  Simmons  and  company. — See  Vt.  Hist.  Soc. 
Collections,  vol.  i. 


180     Cnuncil  of  Safety— Aug.  15, 1777,  to  March  12,  1778. 

To  Captain  Nathan  Smith: 

Su-,— You  are  hereby  required  t(j  March  with  the  men  under  your 
Command  to  Pawlet  on  horseba(tk,  where  you  will  apply  to  Colcnel 
Simouds  [  Simmons]  for  a  horse  I^oad  of  Flour  to  Each  man  &  horse. 
You  furnish  bags  sufficient  for  such  pui-pose. 

By  order  of  Council,  Tho^- Chittenden,  Pres'''- 

To  Capt.  Ebenezer  Wood: 

Sir. — You  are  hereby  required  to  take  the  charge  of  the  men,  horses, 
and  Bags,  ordered  froni  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  ))roceed  to  General  Warner  with  the 
same  if  Col'>-  Simonds  shall  judge  proper.  When  you  return,  you  are  to 
take  especial  Care  that  the  Horses  &  liaggs  be  returned  to  their  proper 
owners. 

Joseph  Fay,  Sec'v- 


State  of  Vermont.    In  Council  of  Safety,  24  Sepf  1777. 

Pursuant  to  a  Complaint  made  to  this  Council  by  Henry  Snyder  for 
two  horses  stole  as  will  appear  l)y  the  Complaint  on  file, 

Sergt  J(jhn  Bean  and  Alexander  Gordon  being  apprehended  &  brought 
before  this  Council,  acknowledge  themselves  Guilty  of  stealings'' 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  ]iersons  found  Guilty  should  be  made  a  public  Exnmijle 
of  to  Deter  people  from  such  vicious  practices.  The  Council  unwilling  to 
see  an}'  person  suffer,  are  nevertheless  constrained  in  duty  to  themselves 
and  constituents  to  order  that  the  said  John  Beau  &  Alexander  Gordon 
Receive  each  39  Lashes  on  the  naked  back  at  the  Liberty  ])ole  in  this 
place  to  satisfy  the  Com|)laint,  &  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,  Tiios.  Chittenden,  Pres''- 


State  of  Vermont.     In  Council  of  Safety,  24  Sepf  1777. 
Henry    Snyder    appeared   before  this  Council,   &   acknowledged    to 
have  rec**  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  tine  of  Five  pounds  &  nine  shillings  Cost,  & 
receive  a  Re])rimand  from  the  IIou'^'  the  president  of  this  Council. 

By  order,  Tno^-  Chittenden,  Pres''- 

Rec<^  in  full  satisfaction  of  the  above  judgment. 
Joseph  Fay,  iSec'y- 

Ebenezerr  Willoughl)y  is  pei-mitted  Leave  of  Absence  for  one  week 
then  to  return  &  DiJiver  himself  to  this  Council. 

By  order,  Joseph  Fay,  Sec'^- 


State  of  Vermont.    In  Council  of  Safety,  > 
Bennington.  24  Sept.  1777.  | 

Dear  General, — The  Council  have  reC'  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  3^our  assistance.  Several  companies 
liave  passed  this  place  this  Morning  for  the  ahove  ])uri)ose.  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  wheal  her  they  be  Such  as  in 
their  power  to  relieve. 

I  have  the  honor  to  be,  D'"  General, 

Your  most  Obedient  Humble  Servant, 
By  order  of  Council, 

Thqs-  Chittenden,  P. 
The  Hon^'^  Major  Gen^  Gates. 

Bennington,  24  Sept.  1777. 
Dear  Sir, — Agreeable  to  yor  request  Rece''  Last  Evening,  the  Council 
sends  you  such  assistants  as  you  desired.  Tiiey  will  remain  with  you  a 
reasonable  Time  to  etfect  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  Xorlhern  Troops.  Wish  your  further  success. 
I  have  the  honor  to  be,  D''  Sir, 

by  order  of  Council,  Your  most 

Obedient  Hum'Jie  Servant, 

Thqs-  Chittenden,  Pres'^- 
Col"  Simonds.     [Simmons.] 


State  of  Vermont.    In  Councii.  of  Safety,  25  ."September,  1777. 

In  consequence   of  a  Letter  this  day   Rec^-  from  Colonels  [John] 
Brown '  &  [Samuel]  Herrick  requesting  Teams  to  be  sent  to  bring  on 

^  Feb.  15,  1775,  the  provincial  congress  of  Massachusetts  directed  the 
Boston  committee  to  open  a  correspondence  with  the  pi'ovince  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  mIiIi  him  as  a  guide.  On  reaching  Mon- 
treal, Brown  wrote  to  Samuel  Adams  and  Joseph  Warren,  of  the  Boston 
Conmiittee,  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  sjjlcndid  success,  Capt. 
Ebenezer  Allen  of  the  Vermont  Rangers  was  in  like  manner  successful 
at  Mount  Defiance.     As  furtiier  results,  Ticonderoga  was  evacuated  by 


182     Council  of  Safety— Aug.  15, 1117,  to  March  12, 1778. 

plunder  lo  this  i)]ac-e,  we  have  Iherelbre  given  orders  to  procure  five 
Teams.  By  order  of  Council, 

Thomas  Chittenden,  Prs^^- 

Zadock  Hard  is  Permitted  to  pass  &  Eepass.     Also  to  Take  his  effects 
in  -whose  hand  soever  he  may  find  them,  i)i-oving  his  property. 

By  order  of  Council,  Joseph  Fay,  '  Sec'y- 

To  whom  it  may  Concern. 

Daniel  Clark  is  ])ermitted  to  pass  &  repass  his  behaving  as  becom- 
eth.  By  order  of  Council,  Joseph  Fay,  Sec''y- 

To  whom  it  may  Concern. 

Charles  Carr  is  jiermitted  to  pass  from  this  to  Jerico  unmolested  he 
behaving  as  becometh. 

By  order  of  Council,  JOSEPH  Fay,  Sec'i^- 


State  of  Vermont.    In  Council  of  Safety,  26  Sept»-  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''J- 

His  Father  is  Security  for  his  appearance.     £1000  forfeiture. 


State  of  Vermont.    In  Council  of  Safety,  26  Sept>-  1777. 

To  Mr.  Wright  db  the  other  Teames  in  company: 

You  are  to  Eepair  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  Col'>-  Brown,  &  Return  with  the  Same  &  Deliver  it  Safe 
to  this  Council. 

By  order  of  Council,  Joseph  Fay,  Sec't/- 

Henry  Francisco  is  Permitted  the  Liberty  of  this  Town  during  the 
pleasure  of  this  Council. 

By  order,  Tho^-  Chittenden,  Pres'^- 

To  whom  it  may  Concern. 

George  Sherman  is  Permitted  to  pass  unmolested  as  he  has  Taken  the 
Oath  of  Fidility. 

By  order  of  Council,  Joseph  Fay,  Sec'v- 

Gideon  Squire  is  Permitted  the  Liberty  of  this  Town  during  the  plea- 
sure of  this  Council. 

By  order  of  Council,  Joseph  Fay,  Sec'v- 

To  ivhom  it  may  Concern. 

John  Offered  is  Permitted  to  pass  from  this  to  Lit(;hfield  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'v- 

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  appl}-  to  the 
Commanding  olHcer  or  Lieu*^  Ebenezer  Hide  who  will  Load  3'ou  with 
Plunder  belonging  to  Col"  Brown,  wiiich  Load  you  are  to  Diliver  Safe  to 
this  Council. 

p'"  Order  of  Council,  JOSEPH  Fay,  Sec'y- 


State  of  Vermont.  In  Council  of  Safety,  27  September,  1777. 
Ebenezer  Tolmtin  &  Ct)nsider  Turner,  soldiers  in  Colonel  Marshal's 
Regiment  in  Capt.  Nalhanid  Winslow's  Company,  are  permitted  to  i)ass 
the  Guards  from  this  to  Still  Water  and  join  their  Respective  Corps. 
By  order  of  Council,  Joseph  Fay,  Sec'!'- 

Samuel  Stewart  is  permitted  to  pass  &  Repass  from  this  [to]  Colraiu 
and  join  the  Army  as  soon  as  he  is  able  to  return. 

By  order,  Joseph  Fay,  Sec^- 

Isaac  Goodsel  is  permitted  to  pass  to  Sunderland  to  Take  care  of  his 
children  &  to  return  within  six  days. 

Thom.  Chittenden,  Pres''- 

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,  JOSEPH  Fay,  Sec^- 

To  whom  it  may  Concern. 

State  of  Vermont.    In  Council  of  Safety,  29"'  Sepf-  1777. 
Absl  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,  Joseph  Fay,  Sec'y- 

To  whom  it  may  Concern. 


State  of  Vermont.     In  Council  of  Safety,  30"'  Sepf-  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',  *S'ec>- 

Benjamin  Everis^  &  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,  Joseph  Fay,  /SecV- 

To  whom  it  may  Concern. 

'  Lieut.  Benjamin  Everest  of  Addison,  who  was  at  the  capture  of 
Ticonderoga  and  Crown  Point,  and  with  Warner  in  the  battles  of  Ilub- 
bardton  and  Benningt(5n.  For  an  extended  biographical  summary  see 
Vt.  Historical  Magazine,  vol.  i,  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.  i,  p.  4-B. 


1«4    Council  of  Safety— Aug.  15, 1777,  to  March  12, 1778. 

State  of  Vermont.    In  Council  of  Safety,  30"'  Sept.  1777. 

Martin  Rosinback  is  permitted  to  pass  to  his  liome  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'^- 

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,  D""-  General, 

your  most  Obedient  Hum'^ie  Servant, 

By  order,  Joseph  Fay,  Sec'v- 

The  Hon^'^  Maj''-  Ge.nJ-  Lincoln. 


State  of  Vermont.    In  Council  of  Safety,  1<^  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  Verjiont.    In  Council  of  Safety,  1*  Oct.,  1777. 

Request  being  made  to  this  Council  by  Captain  Winchester  for  Tearaes 
to  forward  provisions  for  the  Speedy  Relief  of  the  Army  in  consequence 
of  which  the  Council  have  granted  Warrants  to  procure  Carriages  Suf- 
ticient  to  forward  one  hundred  barrils  of  flour. 

By  order,  Joseph  Fay,  Sec''y- 

October  2"^ — Ebenezer  Willoughby  is  Permitted  six  days  absence  then 
to  Return  to  this  Council. 

By  order,  Joseph  Fay,  Sec''y- 

October  3*^— 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,  3'^  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  properly,  as  he  has  Taken 
the  Oath  of  Fidility  to  the  United  States. 

By  order,  TnoaiAS  Chittenden,  Pres'^- 

To  whom  it  tnay  Concern. 


Council  of  Safety— Aug.  15, 1777,  to  March  12,  1778.    185 

State  of  Vermont.    In  Council  of  Safety,  3^  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, 

Thomas  Chittenden,  Pres^f- 

Attest,    Joseph  Fay,  *Sec'y- 

This  may  certify  that  we  pursuant  to  Gen'  Gates  orders  employed  Mr. 
Moses  Cleaveland  to  ride  post  from  this  to  Shiffield  &  to  Impress  fresh 
horses  when  he  should  find  it  [N^ecessary. 

By  order  of  Council,  Jos.  Fay,  Sec'v- 

To  whom  it  may  Concern. 


State  of  Vermont.    In  Council  of  Safety,  3^  Oof  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  Col"- : — I  have  this  day  ReCi  your  favour  dated  Paulet,  1*  Octo- 
ber Inst,  &  am  ordered  by  this  Council  to  return  you  their  Sincear 
thanks  tor  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 
Serg''  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  ."50  p^  are  read}%  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,  D'  Sir,  By  order  of 
Council,  your  most  Obedient 

Humble  Servant,  Tho^-  Chittenden,  PresH. 

Col°-  Samuel  Herrick. 

Copy  exam''-  Joseph  Fay,  Sec'v- 

Luther  Colvln  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'v- 

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  Tletuni  to  this  Council  within  one  Week. 

By  order  of  Council,  Jos.  Fay,  Sec'^- 

In  Council,  Oct.  4th  1777. 
Jonathan  Holabud  is  Permitted  to  paoS  to  Woodbury  in  Connecticut. 
By  order,  Joseph  Fay,  Sec^^- 


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,  Secv- 

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  tormer  commissar}'-  being 
called  upon  by  Doct^"-  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.  JST.  D. 


In  Council,  Bennington,  6tii  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  Liitter  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  witli  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  Surgeons,  Ph3^sicians  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  D'"  General  by  order  of 

Council  your  most  obedient 

Hum'^'e  Servant, 

Joseph  Fay,  Sec'y- 

The  Honpi^  Major  Gen^-  Gates  Commanding  N.  D. 

N.  B.  Doct.  Hovey  gives  universal  Satisfaction,  therefore  pray  he 
may  continue  if  Consistant.  Jos.    Fay,  Sec'y- 


State  of  Vermont.    In  Council,  6  October  1777. 
Sir, — We  are  informed  that  M'"-  S.  Payne  of  Sunderland  has  in  his 
Custody  one  yoke  of  oxen  the  Property  of  this  State  which  we  desire 
you*i  Take  into  Custody  immediately. 

I  am  Sir  by  order  of  Council 

Your  Hum'^'e  Servant,  Joseph  Fay,  Sec'J'- 

L*-  3Iartin  Powel  or 


T/   T)  4      T>  -u    i        r  Commissioners 
L'- Feier  Booerts,     \      r  ^  o  *     *•      -i 

'     ■'      [o/  Sequestration.^ 


Council  of  Safety— Aug.  15,  1777,  to  March  12, 1778.    187 

October  6"'  1777. 
Gideon  Squire  is  permitted  to  pass  from  this  [to]  Granvil  and  Remove 
his  Family. 

By  order  of  Council,  Josepu  Fay,  *Scc'y- 


State  of  Vermont.    In  Council  of  Safety,  7"'  Oct.  1777. 
This  Council  orders  that  you  diliver  James  Haskins  the  Gun  which 
you  took  from  him. 

By  order  of  Council,  JOSEPH  Fay,  Sec'v- 

To  Abner  Blanchard. 


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,  /b'ec'y- 

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'V' 

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,  Joseph  Fay,  Sec'y- 

To  whom  it  may  Concern. 


Bennington,  8'^  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 imniedeate  Satisfaction  to  this  Council  will  prevent  your  being  or- 
dered immediately  to  remove,  which  must  be  done  ibrthwith. 

By  order  of  Council,  Joseph  Fay,  Sec'y- 

P.  S.     If  you  can  Satisfy  the  Inhabitants  and  obtain  their  Liberty  you 
may  remain  until  further  orders. 

Jos.  Fay. 

David  Castle,  Paulet. 


State  of  Yekmont.  In  Council,  Bennington,  8"'  Oct.  1777. 
D''-  General, — The  Council  this  moment  had  under  Examination  a 
Seargent  Major  of  the  Foreign  Troops  Taken  near  Mount  Independence 
by  a  scout  of  Col"-  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  Rejjorted  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  knovvledge. 
I  have  the  honor  to  be  Dear  General 

(by  oi-der  of  Council)  your  most  Obi-  Humi^ie  Servant, 

Joseph  Fay,  Sec^v- 
Hon^i^  Major  Gen}  Gates. 


188     Council  of  Safety— Aug.  15, 1777,  to  March  12, 1778. 

Bennington,  lO**'  Oct.  1777. 
Transmitted  the  Intelligence  [foregoing]  of  a  reinforcement  to  Gen'- 
Fellows  by  Letter  of  this  Date. 

Joseph  Fay,  Sec't/- 


State  of  Vermont.    In  Council  of  Safety,  9'^  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'^- 

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,  lO^h  Oct»"- 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,  '  Joseph  Fay,  Sec'y- 

To  v:hom  it  may  Concern. 

Ephraim  Knapp  is  permitted  to  go  to  Arlington  and  Remove  his  fam- 
ily down  the  Country. 

By  order  of  Council,  Joseph  Fay,  Se&y- 

To  whom  it  may  Concern. 


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,  Thomas  Chittenden,  Pres'''- 

Copy  exam'i- 

Pr  Jos.  Fay,  Sec'y- 

Resolved  that  no  more  Rangers  be  enlisted  into  Col"-  Samuel  Her- 
ricks  Regim*"  to  serve  in  the  present  Campaign. 

By  order  of  Council,  Thomas  Chittenden,  Pres"'- 

Attest,  Joseph  Fay,  Sec'y- 


Oct.  18  1777. 
This  day  Agreeable  to  the  manifests  sent  to  Kathaniel  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,  Jo^-  Fay,  Sec'y- 

Liberty  is  hereby  given  to  the  bearer  ]N"athaniel  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'J- 

State  of  Vermont.    In  Council  of  Safety,  20  October  1777. 

To  the  Committee  of  Safety,  Bennington: 

Oentlemen, — On  the  request  of  Cajitain  John  Fassett  Ju''-  one  of  your 
s'J  Committee,  The  Council  are  of  opinion  that  any  person  from  this 
State,  who  has  voluntarily  deserted  the  Country^  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  ol'  this  State. 

By  order  of  Council,  Joseph  Fay,  ISec'y- 

State  of  Vermont.  In  Council  of  Safety,  Oct.  20  1777. 
This  Council  having  had  under  Consideration  the  particular  cii'cum- 
stances  of  John  Whitlock,  are  of  opinion  that  be  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,  Joseph  Fay,  *S'ecV. 

N.  B.     May  return  with  family  if  chuses. 

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,  Sec'v- 

Col.  Peter  Olcott  proposed  the  following  Question  to  the  Council 
viz*-  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. 

Sign*!-  Peter  Olcott.^ 

The  Council's  Answer  is: 

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  ease  no  Seizure  &  sale  lias  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^v- 

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,  JOSEPH  Fay,  Sec'y- 

To  whom,  it  may  Concern. 

State  of  Vermont.     In  Council  of  Safety,  20ti>  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- 

^  See  biographical  notices  of  the  members  of  the  first  Council,  posi,  for 
notice  of  Col.  Olcott. 
^  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  Kavages  and  Machinations 
of  a  Cruel  and  inveterate  Enemy  &  their  Confederates: 

And  Whereas  we  deliaht  not  in  the  Misery  or  Confinement  ot  any 
Individuals  when  such  Confinement  is  not  absolutely  Necessary  for  the 
Security  of  the  Major  part— Therefore  we  Eecommend  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  Judsce  may  with  Safety  to  this  State,  or  the  United  States,  be 
Liberated  in  \\\\  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.  t^  t.  v 
By  order  of  Council,                    Jonas  Fay,  F.  Pres'^- 

Copy  exam^-    Joseph  Fay,  Sec'v- 


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,  Joseph  Fay,  Sec'v^ 

To  whom  it  may  Concern. 

The  bearer  Joseph  Luis  [Lewis]  is  permitted  to  pass  to  Clarindon  and 
Remain  at  Liberty  until  further  orders  from  this  Council. 

By  order,  Jos.  Fay,  Sec'v- 

To  whom  it  may  Concern. 

Henry  Francisco  is  Permitted  to  pass  to  his  home  at  Gri-anvil  &  there 
to  remain  unmolested  until  further  orders  from  this  Council,  or  any  Mil- 
itary officer  who  may  have  demands  on  him. 

By  order,  Joseph  Fay,  Sec'v- 

To  whom  it  may  Concern. 

State  of  Vermont.    In  Council  of  Safety,  21*  Octr  1777. 
Resolved  that  Captain  Joseph  Bowker '  be  and  is  hereby  appointed  a 

*  Col.  Joseph  Bowker  was  one  of  the  most  prominent  men  in  the 
state  during  the  few  yeai'S  in  wliich  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?  Marly  History,  p.  456. 


Oounoil  of  Safety— Aug.  15, 1777,  to  March  12, 1778.    19 1 

Commissioner  of  Sequestnition,  as  Also  Mr.  George  Foot'  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.  Joseph  Pay,  Sec''y 

Warrant  given  to  George  Foot.* 

Daniel  Squire  &  Ebenezer  Squire  are  permitted  to  Return  to  Iheir 
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't^- 

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'!/- 

Henry  Young  is  permitted  to  return  home  and  remain  until  further 
orders  from  this  Council. 

By  order  of  Council,  Joseph  Fay,  Sec'y- 

To  whom  it  may  Concern. 

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  Dec'J-'  without  Molestation  from  Ebenezer  Wood  until  a  proper 
Tryal  can  be  had  relative  to  the  Title  of  Land,  and  that  the  said  Eben- 
ezer pay  to  the  said  Job  for  damage  in  breach  of  prtjmise  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'v- 

State  of  Verjiont.    In  Council  of  Safety,  22*^  Oct.  1777. 
John  McNiel  is  ])ermitted  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,  Joseph  Fay,  Sec'v- 

To  whom  it  may  Concern. 

David  Scott  is  permitted  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,  ISec'v- 

Amos  Marsh  is  permitted  to  pass  to  his  home,  there  to  lemain  until 
further  orders  from  this  Council,  having  Taken  the  Oath  of  fidelity  to 
the  United  States.  By  order,  Jos.  Fay,  Sec'i'- 

1  The  name  of  Mr.  Foot  appears  again,  in  1778,  as  quarter-master  of 
the  5tli  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  Ocf-  1777. 

Eesolved  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'v- 

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,  Joseph  Fay,  Sec'v- 

To  Capt.  Elkanah  Cook. 

To  Col.  Samuel  Herrick: 

Dr.  Sir^ — Whereas  Capt.  [Justus]  Sherwoods  ^  wife  has  applied  to 
this  Council  for  Liberty  to  go  to  her  husband  at  Tycondei'Oga,  the  Coun- 
cil would  Recommend  to  you,  or  the  ofiicer  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'v- 

The  bearer  Samuel  Adams  wife  ^  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. 

By  order  of  Council,  Joseph  Fay,  Sec'v- 

^  Capt.  Justus  Sherwood,  (sometimes  written  Justice,)  of  New  Ha- 
ven. 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  1780-8.3. — See  Vt. 
Historical  Magazine,  vol.  i,  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. 

^  See  ante,  p.  167,  note  on  Dr.  Samuel  Adams. 


Council  of  Safety— Aug.  15, 1777,  to  March  12,  1778.    193 

Benningtox,  25"'  0(>t.  1777. 
Dear  General, — I  am  directed  to  acquaint  your  Honor  of  the  Necessity 
of  Building  some  Barracks,  a  Hospital,  &c.  in  (his  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  ace*-  of  its 
being  very  Troublesome  to  tJie  Inhabitants,  but  very  inconvenient  for 
both  officers  &  Soldiers,  who  are  passing  to  and  from  the  Army.  The 
Inhabitants  of  this  jilace  have  been  Willing  to  Suffer  any  thing  to  sup- 
port the  American  Cause,  &  still  are,  but  if  your  honor  siiould  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  ob*-  Hum^^i^  Servant, 

By  order,  JoSEPH  Fay,  Sec'v- 

Hovpi^  Maj''  Oen^  Gates. 

Statio  of  Vermont.    In  Council  of  Safety,  29  October  1777. 
Philo  Hards  Wife  is  permitted  to  pass  with  her  child  to  her  Husband 
at  Tycouderoga. 

pr-  Order,  Joseph  Pay,  Sec'^- 


[Oct.]  30th.     Resolved  that  Michael  Dunning  be  a  Commissioner  of 
Sequestration  &  is  hereby  appointed.     Warrant  and  Instructions  Given. 
By  order  of  Council,  Joseph  Pay,  Sec't/- 

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,  Joseph  Fay,  <Sec'y. 

To  whom  it  may  Concern. 


[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,  Joseph  Fay,  Sec^- 

To  whom  it  may  Concern. 


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 

'  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  Mi*.  McNeil 
took  the  oath  of  fidelity  and  was  permitted  to  remain  in  the  state.  He 
was  for  man}'  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,  Joseph  Fay,  Scc'y- 

To  whom  it  may  Concern. 


State  of  Vermont.    In  Council  of  Safety,  12th  jsTov-  1777. 
To  the  Sheriff  of  the  County  of  Litchfield,  \_Gonn.'] 

Sir, — The  bearer  Mr.  Abel  Ilawley  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 
o;ive  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  Hum'''  Servant, 

By  order  of  Council,  Joseph  Fay,  Sec'^- 

Bennington,  12  Nov.  1777. 

Dear  Sir, — Brigade  Majior  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) 

your  most  Obedient  Hum'^'e  Servant, 

Col"-  Herrick.  '  Joseph  Fay,  Sec^t/- 


State  of  Vermont.    In  Council  of  Safety,  13  Nov-  1777. 

The  following  is  a  Coppy  of  Jonathan  Howards  Certificate  from 
Doc*-  lloback,  viz*- 

"  Jonathan  Howard  being  unfit  for  duty  on  acc^-  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  alwa3fs  an  esteemed  citizen.  Gen.  McNeil  was  the  first  town  clerk, 
March  1.3, 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  John  McNeil. — See  Vt.  Historical  Mag.,  vol.  i,  p.  745;  and 
Demiug'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  tlie  Service. 

By  order  of  Council,  Joseph  Fay,  Sec'v- 

State  of  Vermont.    In  Council  or  Safety,  14  Nov-  1777. 
To  Lieut.  Martin  Powel: 

Sir. — You  are  herei\v  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  ajipraised  by  men  of 
Judgment,  or  as  you  &  he  can  agree. 

By  order  of  Council,  JosErn  Fay,  Sec"!/- 


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  dai^ey  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  Burffoyne  &the  Hon'^'«  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  tlie  Military,  but  Civil  Law,  by  which  Rule  you  Doubt- 
less Guide  your  Conduct. 

I  am  Sir,  (By  order  of  Council)  your 

most  Ob'-  Humble  Servant, 

Joseph  Fay,  Sec'y- 

Col''  Herrick. 


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^- 

[Nov.]  1.5th.    David  Millington  &  Joseph  Hornblower  are  permitted  to 
pass  to  Colo-  [John]  Brown's  Regiment. 

By  order,  Joseph  Fay,  »Sec'y- 

Audrew  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,  loth  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  jilace.  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, 


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  (hy  order  of  Council)  your 

most  obedient  Humble  Servant, 

Joseph  Fay,  Sec'y- 
Major  John  V.  Ranslear. 


State  of  Vekmont.    In  Council  or  Safety,  Nov'-  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  ownTowai,  &  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  selictedfrom  three  different  Ccmimittees. 
In  case  any  such  person  or  persons  cannot  Satisfy  the  Inhabitants  of  the 
Town  to  which  they  belong,  &  obtain  tlieir  Liberty  to  Remain  at  home 
under  proper  Restrictions,  to  send  such  persons  forthwith  t(^  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  l)een  aftrightened  into  a  Sub- 
mission to  General  Burgoyne  &c.,  alter  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,  Secv- 

Mary  Reynolds  is  ])ermitted  to  send  for  her  Gray  horse  &  keep  him  in 
her  possession  until  further  orders  from  this  Council. 

By  order  of  Council,  Joseph  Fay,  Sec'v- 

To  whom  Concerned. 


State  of  Vermont.     Bennington,  16  Nov""-  1777.  \ 
In  Council,  date  above.         j 
Dear  General, — The  Council  inclose  to  your  Honor  a  Letter  from  L*- 
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,  JoNAS  Fay,  V.  P.  of  Council. 

Hon*^^  Maj''  Gen^  Gates,  Albany. 


Council  of  Safety— Aug.  16,  1777,  to  March  12,  1778.    197 

17th  Nov-  1777. 
To  Captain  John  Fassit: 

Sir, — You  are  hereby  Required  to  Diliver  to  James  Brock  his  Cow, 
which  you  have  in  posession,  Iiis  paying  charges  due  for  keeping  and 
trouble. 

Bv  order  of  the  Council,  Joseph  Fay,  Sec'v- 


State  of  Vermont.     In  Council  of  Safety,  17  Nov  1777. 
Isaac  Ives  it  [is]  permitted  to  pass  to  Wallingford  in  the  State  of  Ver- 
mont. 

By  Order.  Joseph  Fay,  Sec'v- 

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,  JOSEPH  Fay,  Sec-y- 

To  whom  Concerned. 

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.' 

By  order,  Thomas  Chittenden,  Pres^'- 

William  Irish  is  permitted  to  pass  to  Tinmouth. 

By  order,  Joseph  Fay,  Sec'y- 

Bennington.  18  Nov  1777. 
Madam, — "We  rec<^-  your  petition  8  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,  Joseph  Fay,  Sec'^- 

Mrs.  Easter  Hawley. 

[Nov.]  18.     John  Foot  is  permitted  to  pass  from  this  to  Sunderland. 
By  Order  of  Council,  Joseph  Fay,  Sec'y- 

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,  Joseph  Fay,  Sec'y- 

To  whom  it  may  Concern. 

State  of  Vermont.    In  Council  of  Safety,  18  November  1777. 
Benjamin  Reynolds  &  George  Gardner  is  permitted  to  pass  to  Pownal, 

By  order  of  Council,  Joseph,  Fay, /Sec'y- 

Isaac  Goodsel  is  permitted  to  pass  to  Wells. 

By  oi-der,  Jos.  Fay,  Sec'y- 

State  of  Vermont.    In  Council  of  Safety,  19  Nov-  1777. 
To  U-  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 

'  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,  «fe  this  order  shall  be  your  suf- 
ficient Voucher. 

By  order  of  Council,  Joseph  Fay,  Sec'?- 

[Nov.]  lyth.  Whereas  David  Remington,  an  Inhabitant  of  this  State, 
is  Guilty  of  Deserting  his  Country**  Cause  &  repairing  to  the  Enerny,  & 
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  oftence  to  Receive  thirt^Miine  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^^- 

David  Remington  is  permitted  to  pass  from  this  to  his  family  wher- 
ever they  may  be. 

By  order  of  Council,  Joseph  Fay,  Sec'^- 

To  all  Concerned. 

John  McNeil  is  permitted  to  pass  To  Tinmouth. 

By  order  of  Council,  Joseph  Fay,  Sec'v- 

To  all  Concerned. 


State  of  Vermont.  In  Council  of  Safety,  19  Nov-  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  177G  amounting  to  Twenty  dollars, 
Takeing  Capt.  Fassett's  Rec*-  for  the  same,  being  money  which  said 
Rude  Drew  from  the  Quarter  Master  General. 

By  order  of  Council,  Joseph  Fay,  Sec''^- 


[Nov.]  20. 
To  Mr.  Stone: 

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  Nov-  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 

Hum'^'e  Servant, 

Tnoi'-  Chittenden,  Pres'*- 
Capt.  Joseph  Bowker. 

In  Council,  Bennington,  20  Nov.  1777. 
Dear  Col° — 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~Ang,  15, 1777,  to  3Iarch  12, 1778.    199 

ter,  which  I  think  does  you  and  the  State  of  Vermont  £;reat  honor,  <&  by 
whicli  you  will  lind  the  Generals  api)rol)ation  on  your  Regiments  being 
Dismissed.  The  Council  therefore  order  that  your  llegiment  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  he  able  to  judge  in  that  allair.  1  ani  directed  by  Council  to  return 
you  and  the  Kcgiment  under  your  Command,  both  ollicers  &  sol- 
diers, their  Hearty  thanks  for  their  good  services  to  this  &  the  United 
States.  The  Council  is  also  requested  l)y  the  Ilon'^'*^  Major  General 
Gates  to  return  you  his  thanks  for  the  good  services  of  your  Regiment, 
which  you  will  see  by  his  Letter  inclosed.  1  am  sir  sincerely 
your  Huni^'ie  Servant,  by  order  of  Counsel, 

Joseph  Fay,  ISec'v- 
Col"-  Herrick. 


[Nov.]  21st. 
To  Mr.  Alfred  Hathaway': 

Si7% — You  are  heiehy  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'i'- 


State  of  Vermont.    In  Council  of  Safety,  21st  Nov-  1777. 
Agur  Hawley  is  permitted  to  pass  from  this  to  Reupert. 

By  order  of  Council,  Joseph  Fay,  Sec'v- 

Bennington  21  Nov'-  1777. 
!>'■•  Sir, — Yours  of  Last  Evining  came  to  hand  this  Morning  forwarded 
by  L*  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 
irameadiately  sent  to  the  Hon'^''^  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  Serv^ 

By  order  of  Council,  Joseph  Fay,  *SecV- 

Col°-  Herrick. 


Bennington  22d  Nov- 1777.  ) 
State  of  Vermont.  In  Council,  date  above.  ^ 
Gentlemen., — We  Reef*-  the  proceedings  of  your  Town  in  October  25^'' 
ult"-  These  are  to  inform  you  that  we  have  passed  a  Resolve  in  what 
manner  Tories  shall  be  Tried.  Tiie  Commissioners  of  Se(iuest ration 
have  ReC^-  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.  Hum'^i'^  Serv*^' 

Thos  Chittenden,  P. 
To  the  Inhabitants  of  Clarendon. 


200    Council  of  Safety— Aug.  15, 1777,  to  March  12, 177B. 

Benningtok  22  Nov.  1777. 
We  have  the  pleasure  to  inform  your  honor  of  the  Success  of  our 
Green  Mountain  Kangers  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  Humt'ie  Servant, 

Thomas  Chittenden,  P. 
Honfi'^  Maj.  Gen}  Gates. 

[Kov.]  24")-  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  Pat,  Sec'v- 

[Nov.]  24*''-  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,  Thom^-  Chittenden,  Pres'^- 


In  Council,  Bennington,  25  Nov-  1777. 
Dear  General, — I  am  directed  by  Council  to  Inform  your  honor,  that 
the  prisoners  Taken  by  Capt.  Allen  on  tlie  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 

Obedient  Hum'^'^  Servant, 

Thqs-  Chittenden,  P. 
Jlonbie  Maj''  Gen'  Gates. 

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  Coniniand  of  the  Guard,  & 
March  the  Prisoners  now  in  the  Guard  House  immediately  to  Albany,  «& 
diliver  them  to  the  Hon**'*^  Major  General  Gates. 

I  am  ISiri  (by  order  of  Council,)  your  most 
Obedient  Humble  Servant, 

Tho8-  Chittenden,  P. 

In  Council,  25  Nov""-  1777. 
Sir, — The  Confusion  &  Multiplicitj-  of  Business  Occasioned  by  the 
Unhappy  War  in  the  Xoithern  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  Hum''''^  Servant, 
Capt.  Bowker,  [President.^  Tiios.  Chittenden,  P'- 

P.  S. — The  business  of  the  Convention  will  be  to  Adjourn  the  meeting 
of  the  General  Assembly.  Tho^-  Chittenden. 

28  Novr  1777. — Capt.  Jonathan  Fassett  commissioned  to  Sequester 
Tory  eft'ects,  [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 f)f  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  Enem}'  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, 

Thom.  Chittenden. 

Ifon^ie  Major  Gen}  Gates. 


State  of  Vermont.  Bennington,  3  December  1777. 
Sir,— I  have  it  in  Command  from  the  Honi"!''  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  acc*^-  of  them  from  their  own  Declara- 
tion. I  am  Sir  by  order  of  Council 

your  most  ob*-  HumiJie  Servant, 

Jonas  Fay,  V.  P. 
Ezekiel  Williams,  Esq^"> 

Com,'-  of  Prisoners.,  Hartford. 


Bennington,  4  December  1777. 
This  day  sent  to  Captain  Elkanah  Cook  to  i)roceed  on  business  accord- 
ing to  Commission  of  Sequestration  sent  him.     This  letter  sent  by  Mr. 
Stephen  Williams.  Jos.  Fay,  Sec'v- 

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,  Secv- 

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^v- 

Andrew  Barton^  is  permitted  to  pass  to  New  Haven  &  Return  to  this 
Council  by  the  10th  day  of  January  next  for  Tryal. 

By  order  of  Col"-  Chittenden,  Jos.  Fay,  Sec'v- 

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.  1  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  Ob'-  Hum''i«  Servant, 

Joseph  Fay,  Sec'v- 
Edward  Hinman,  Esq.,  Woodbury,  [Conn.^ 


State  of  Vermont.  In  Council  of  Safety,  12  Dec-  1777. 
The  Committee  of  Safety  for  the  Town  of  Dorset  are  this  day  certified 
that  Asa  Bawldwin,  Samuel  McCoone,  W>"-  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 
23^  day  of  September  last. 

By  order  of  Council,  Jonas  Fay,  V.  President. 


State  of  Vermont.    In  Council  of  Safety,  20'^  Dec-  1777. 
This  day  given  Colonel  Chittendcu  an  order  to  Take  one  Cow  belong- 
ing to  thi.s  State,  now  in  the  Custody  of  John  Conner  of  Manchester, 
wliich  Cow  is  to  be  appraised  and  an  ace*-  Returned  to  this  Council. 

By  order  of  Council,  Joseph  Fay,  *Sec'y- 


State  of  Vermont.    In  Council  of  Safety,  20  Dec^-  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,  Thos.  Chittenden,  Pres^'- 

To  all  Concerned. 


The  end  of  the  Proceedings  of  Council  as  Recorded  in  Book  N""-  1, 
entered  in  this  Book  this  22''  day  of  March,  1788. 
By  order  of  the  Governor  and  Council, 

Joseph  Fay,  Sec'y- 

^  Mr.  Barton  was  subsequently  examined  and  acquitted. 


Council  of  Safety— Ang .  1 5 , 1 7 7 7 ,  f o  March  12,1778.     203 

Note  by  the  Editor. — From  the  number  of  pnges  on  the  manu- 
script record,  it  appears  that  ''  Book  No.  1"  must  have  contained  only 
about  one  quire  of  j)aper.  The  use  of  such  books,  probably  unbound, 
with  the  further  tact,  indicated  elsewhere,  that  the  entries  of  some  sittings 
of  the  Council  were  made  on  loose  sheets,  accounts  for  the  incomi)]ete- 
ness  of  the  present  official  record  ot  proceedings  previous  to  1788. 
Next  in  order  on  tlie  official  record,  (tliough  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,  17'''  Sept.  1777. 
The  following  are  copies  of  letters  written  by  the  Council  commencing 
date  above,  &  endinpf  the  .17th  of  Feb.  1778.^ 


State  of  Vermont.    In  Council  of  Safety,  ) 
Bennington,  3^  Janv-  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,  Joseph  Fay,  Sec'y- 

To  all  Concerned. 

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,  Sec'y- 

Resolved  that  Captain  John  Fassett  Ju""-  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'v- 


In  Council  of  Safety,  6  Janv- 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  sucli  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  tlieir  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  transfei'red  to  the  official  record  in  a  body,  as  they 
now  stand  there. 

'^  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  Safely— 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  M""-  Job  Wood  in  which  Tryal  you  was  to  pay  the  Cost  which  I 
find  on  Examination  to  amount  to  about  £5  0  0.  M""-  Job  Wood,  now 
present  requests  tlie  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  &  Hum'^ie  Serv'' 

Jonas  Fay. 

M'--  Ehew-  Wood. 


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  AVhereas  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, 

Jonas  Fay,  V.  Prest.  of  Council. 

Attest,    Jos.  Fay,  (Sec'^- 

[January]  9th. 

To  U   Peter  Poberts: — You  are   hereby  required  to  Diliver  Bennet 
Bardsley  his  horse  &  other  etiects,  which  you  lately  [took]  as  his  Estate 
by  virtue  of  your  Commission  of  Sequestration  for  the  use  of  this  State. 
By  order  ot  Council,  Joseph  Fay,  Sec'!/- 


State  of  Vermont.     In  Council,  Bennington  10  Jan'y- 1778. 

Dear  Sir, — At  the  last  Sitting  of  the  General  Convention  at  Windsor 
the  24*'^i  of  Dec-  last  they  were  pleased  to  Choose  you  a  member  of  the 
body.  Ira  Allen  Esq'-  was  appointe''  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  N'ecessity  to  be  im- 
mediately Compleated,  as  Settling  with  the  Rangers,  &c. 

I  am  D""-  Sir  your  most  Obed'-  HumiJie  Servant, 

Jonas  Fay. 

Benjamin  Carpenter,  Esq^- 


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  Iheir  rations  on 
application  until  an  Opjiortunity  shall  Present  for  disposing  of  them 
Otherwise. 

1  am  Sir  your  Hum'''-  Servant, 

By  order  of  Council, 
William  Sherman,  Esq''-    }  '         Jonas  Fay,  V.  President 

Commisary.  ^  of  Council. 


State  of  Vermont.  In  Council  of  Safety,  12t''  JanJ- 1778. 
Gentlemen., — On  application  of  Mr.  Butterfield  forwarded  by  the  Hon'^i'-' 
Col«-  Chittenden,  this  Covmcil  have  Taken  into  Consideration  the  Mat- 
ter relative  to  the  Estate  the  former  properly  of  James  Hard  '  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  tor  one 
year  trom  the  tirst  of  April  next)  Notwithstanding  the  Womans  Deed 
(Distinct)  or  otherwise  from  her  husband. 

I  am,  Sir,  your  Most  Ob  ■'Jt-  Humi^ie  Servant, 

Joseph  Fay,  /Sec'y 
Gapt.  Fitch  &  D  Roberts, ) 
Commissioners  Sequestration   ) 

State  of  Vermont,  in  Council  of  Safety,  } 
Benninsrton,  12t''  Janv-  1778.  I 
This  Council  having  taken  into  Consideration  the  application  of  the 
Hon'''''  General  John  Stark  requesting  ten  effective  men  to  be  immediately 
Employ^  in  Beating  &  Treading  the  Snow  in  the  lload  Leading  from 
this  place  thro  the  pass  of  the  Green  Mountains  to  Col°-  William  Wil- 
liams in  Draper  Alias  Wilmington  witliin  this  State,  do  hereby  Grant 
the  said  request,  &  order  that  Capt.  Samuel  Robinson,  overseer  of  the 
Tories,  provide  such  numbers  pro])erlv  officered  &  equippt  with  pro- 
visions and  other  requisite  necessaries  for  such  Service,  who  are  to  be  in 
readiness  to  March  Immediately. 

By  order  of  Council, 
Attest,  Jos.  Fay,  Sec'y-  Jonas  Fay,  V.  P. 

Jan.  12  1778. 
To  Capt.  Sam^-  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  i)lace  through  the  Green  Mountains  to  Col  W'"- 
Williams  Dwelling  house  in  Draper  Alias  Wilmington  within  tliis  State, 
who  are  to  March  &  Tread  the  Snow  in  S^"-  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.  F. 

N.  B.  you  are  to  order  3  days  provisions  to  each"! 
of  such  men  &  the  same  to  be  Cooked  this  day  &  I 
to  March  at  6  "Clock  tomorrow  morning.  [ 

Attest,  Joseph  Fay,  ^'ec"y-  J  Jonas  Fay,  F.  P. 


Bennington,  13  January  1778. 
The  petition   of  John  Payne,  John  Oidway.  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 

'  Hard  was  proscribed  by  the  act  of  Feb.  26,  1779. 


206     Council  of  Safety— Aug.  15,  1777,  to  March  12,  1778. 

&  at  the  pitting  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.  ^ 

By  order  of  Council,  Thos.  Chittenden  Pres''- 

Attest,  Joseph  Fay,  Sec'v- 

[Jan.]  13th. 
To  Irael  Camfield,  [Israel  Canjield,}  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'^- 

[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,  Thqs-  Chittenden,  Pres'^- 

Resolved  that  it  is  the  Opinion  of  this  council  that  Abner  Wolkuts  ^ 
Estate  is  &  it  is  hereby  Declared  to  be  forfeited  to  this  State, 
(by  order  of  the  Council) 

Titos-  Chittenden,  Pres''- 
Attest,    Jos.  Fay,  Sec'y- 

Bennington,  13  Jany- 1778.     | 
State  of  Vek3I0NT.    In  Council,  date  above.         \ 

To  Mr  Peter  Hawley: 

Sir,— Please  to  deliver  to  the  Bearer  James  Lewis  Seargeant  Major 
one  &  a  half  Bushels  Wheat. 

pi"  order  of  Council,  Tno^-  Chittenden,  Pres'*- 


[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  &  rejpass  on  his  Lawfull  business  unmo- 
lested. By  order  of  Council,  JOSEPH  Fay,  Sec'v- 
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  Korth  line  of  Rutland  within  this  State  on  pen- 
alty of  forfeiting  &  paying  a  fine  for  the  use  of  the  Same. 
By  order  of  Council, 

Thos-  Chittenden,  Pres'^- 
Attest,    Jos.  Fay,  Sec'v- 

^This  was  the  first  petition  made  to  Vermont  for  a  grant  of  land,  and 
the  original  is  in  the  office  of  the  Secretary  of  State.  In  response,  the 
township  of  Bethel  was  granted. 

^  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,  lienningtnn  14  ,]an>-  1778. 
This  Council  having  Taken  under  their  Examination  the  Complaint  of 
Captain  Samuel  Robinson  against  Deaeon  x\/,ariah  llude  lor  defrauding 
&  endeavoring  to  elieat  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  l)eing  his  demand  for  billet 
money,  &  pay  Cost  &  to  stand  Committed  until  tliis  Judgment  be  Com- 
plied with. 

By  order  of  Council, 
Attest,  Joseph  Fay,  Sec'^-  Thoms-  Chittenden,  Pren''- 

The  above  Judgment  satisfied  &  paid. 

Jos.  Fay,  Sec'^- 


State  of  Vermont.  In  Council,  14  Jany- 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  prejiarations  for  a  future  Crop,  by  which  meanes 
there  appears  to  be  Great  Danger  of  such  Inhabiiants  &  others  Suffering 
for  Want  thereof.  And  Whereas  it  has  been  Represented  to  lliis  Coun- 
cil that  Considerable  Quantities  have  been  &  still  are  daih^  Trans- 
ported out  of  this  State,  To  prevent  such  Inconveniency  in  future,  this 
Council  have  Taken  the  same  under  their  consideration.  &  have  tho'  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  permit  from  this  Council,  or  General  Jacob  Bayley,  Col. 
Peter  Olcott,  Colo-  Joseph  Marsh,  Col"-  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  tlie  Town,  or  Towns,  ad- 
jacent to  where  such  grain,  Flour,  or  meal  is  carri(id  from,  (who  are 
hereby  Authorized  to  liear.  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- 
cuting 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  jjrohibited, 
«fe  cause  such  person  or  persons  to  be  examined  &  Tried  as  afore*'^- 
This  Resolve  to  Contiiuu'  in  force  until  the  fiist  Day  of  June  next  unless 
otherwise  determined  by  the  General  Assembly  of  this  State. 

By  order  of  Council,  Tho«-  Chittenden,  P. 

Attest,    Jos.  Fay,  Sec'u- 

In  Council  of  Safety,  lot'>  Jan^-  1778. 
This  may  Certify  whom  it  may  Concern  that  Deacon  Azariah  Rude ' 

*  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 
accusers.  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,  Jos.  Fay,  /SecV- 

To  all  Concerned. 


Resolved  that  Messrs.  John  Wood  &  Benjamin  Fay  be  &  are  hereby 
appointed  assistants  to  Capt.  Samuel  Robinson  as  overseers  of  Tories. 
By  order  of  Council,  Tno**-  Chittenden,  P'- 

Attest,  Jos.  Fay,  Sec'v- 

16  January  1778. 
To  Beuhen  Sealey   &  the  rest  of  the  Heirs  of  Ephraim  Sealey,  late  of 

Danby  Dec^  : 
You  are  hereby  N'otified  to  appear  before  this  Council  on  Thursday 
the  22''  Ins*-  to  show  cause  (if  any  you  have)  why  the  real  Estate  of 
Ephraim  Sealey  aforesaid  shall  not  be  Contiscated  to  this  State. 

By  order  of  Council,  Tho^-  Chittenden,  Pres'''- 

Attest,    Jos.  Fay,  Sec'y- 


Bennington  17  January  1778. 

"Whereas  the  Council  must  Take  a  Considerable  Part  of  their  tijne  from 
this  date  to  prepare  matters  to  be  Laid  before  the  General  Assemlily — 
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  22*^-  of  this  Ins*-  January,  & 
from  the  5  of  Feby-  until  the  I2"i  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,  Tiios-  Chittenden,  Pres''^- . 

The  above  Advertisement  to  be  made  public. 

17. 

To  Mr.  Eli  Boherts: 

You  are  hereby  fully  authorized  &  Impowered  to  take  into  your  Cus- 
tody all  the  moveable  etfects  of  David  Remmington  and  Abner  Wolcott, 
Except  what  Humanity  requires  for  the  support  of  s'l-  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  pro]K'r  person  the  Real  Estate  of  the 
aforesaid  persons  not  Exeeedini;  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.  Yo'i  will  keep  a  true  &  Just  account  of  :dl  that  you  Sell,  & 
the  price  of  Avhat  you  expend  for  the  use  of  the  Family,  any  other  Com- 
missioners authority  Notwithstanding  in  the  State  of  Vermont. 

liy  order  of  Council,  Tiio'*-  Chittenden,  Pres'''- 


State  of  Vermont.     In  Council  of  Safety,  19  January  1778. 

Whereas  sundry  Inconveniences  have  arose  by  reason  Df  the  Commis- 
sioners of  Sequestration  Interfering  one  with  the  other;  therefore  Re- 
solved that  no  CommissiDuer  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 
s<i  Town  over  to  said  Commissioner. 

By  order  of  Council,  Tho^-  Chittenden,  Pres^'- 

Attest,    Joseph  Fay,  Sec''y- 


Bennington  20  January  1778. 
This  may  Certify  whom  it  may  Concern  that  Thomas  Tuttle  having 
passed  Examination  l)efore  this  Council  that  he  appeal's  to  be  a  friend  to 
the  United  States  of  America. 

By  order  of  Council,  Thqs-  Chittenden,  Pres^'- 

Attest,    Joseph  Fay,  Sec'^- 

[Jan.]  20"^-  Permission  is  hereby  granted  to  the  bearer  Alexander 
Gourdonto  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. 

By  order  of  Council,  Tiio^-  Chittenden,  Pres''- 


[Jan.]  21.  This  Council  having  Taken  into  Consideration  the  Com- 
plaint of  Witherel  Wittum  aijainst  William  AYheeler,  &  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,  Tiio"*-  Chittenden,  Pres''- 

Attest,    Joseph  Fay,  /b'ec'y- 

In  Council,  Bennington  22  Jan>-  1778. 
To  M''-  Bottom  of  Shaftshury: 

Sir, — You  will  please  to  Deliver  Christopher  Roberts  three  sheep 
which  )a)u  have  in  your  Custody,  supposed  to  he  the  jiroperty  of  this 
State,  his  paying  your  reasonable  Charges  for  their  Keeping,  &c. 

By  order  of  Council,  "      Tho^-  Chittenden,  Pres'- 

Benjamin  Eastman  is  permitted  to  return  from  this  to  Arlington  & 
their  remain  until  further  orders. 

By  order  of  Council,  Tho«-  Chittenden,  Pres'- 

To  all  Concerned. 


210     Council  of  Safety— Aug.  16, 1777,  to  March  12, 1778.      . 

To  John  Reynolds: 

^\>,— Please  to  deliver  to  Mr-  Christopher  Koberts  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''- 

[Jan.]  •22.  Permission  is  hereby  given  to  the  bearer  Arad  IvriP  to  Trans- 
port five  hundred  W*  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,  Thqs-  Chittenden,  Pres^- 

To  all  Concerned. 


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  mucli  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,  Thqs-  Chittenden,  Pres'''^- 

Attest,    Joseph  Fay,  Sec'v- 

The  above  sent  to  Capt.  Samuel  Robinson. 

2;3d.  This  Council  are  of  opinion  that  John  McNeil  has  been  under 
Confinement  15  days  Contrary  to  the  True  intent  of  the  Committee  be- 
fore vvliom  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  lo  days. 

By  order  of  Council  Thom«-  Chittenden,  Preset- 

Captain  Sam^-  Bohinson. 


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  Exhorbilant  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  ot  Safety, 
Selectmen,  &  Constables  of  Each  Town  within  this  State,  shall  meet 
Together  at  some  convenient  ]jlace  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  ai-e  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  j^ersons  within  this  State  not 
Licensed  as  above  shall  after  the  30  day  of  March  next  presume  directly 


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,  tor  any  such  ottence  being  tliereof  duly  convicted 
before  three  of  the  Committee  men  of  the  Town  where  such  otlence  is 
Committed,  (who  are  hereby  fully  authorized  and  impowered  to  hear  and 
Determine  tlie  same.)  shall  forfeit  &  pay  the  sum  of  Six  pounds  Lawful 
Mone}',  the  one  half  t(j  be  applied  for  the  use  of  the  Town  where  such 
offence  is  committed,  and  the  other  hall  to  be  given  to  the  person  Com- 
plaining &  prosecuting  to  effect. 

By  order  of  Council,  Tho^-  Chittenden,  Pre'^- 

Attest,  Joseph  Fay,  Sec'v- 


In  Council.  Bennington  24  January  1778. 
Permission  is  hereby  Given  to  the  Bearer  hereof,  M'"-  David  Satford,to 
Transport  two  Thousand'  W^-  of  flour  out  of  this  State,  agreeable  to  a 
former  Contract  made  previous  to  the  Resolve  of  Council  (Certiffed  on 
Oath)  Laying  an  Embargo  on  Wheat,  &c. 

By  order  of  Council,  Thomas  Chittenden,  Pres"'- 

To  whom  it  may  Concern. 

24.  Resolved  that  Captain  [Zadock]  Averis  be  directed  to  Employ 
Abner  VVolcott  in  the  Service  of  the  Continent  while  necessary,  unless 
otherwise  ordered  by  this  Council,  &  that  Capt.  Averis  make  return  of 
said  VVolcott  &  his  doings  to  this  Council.' 

By  order  thereof,  Moses  Robinson,  P.  P.  Tern. 

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.  Tern. 

24.  Resolved  that  this  Council  will  give  a  bounty  of  Ten  dollars  for 
the  Encouragement  of  Raising  three  hundred  men  under  the  Command 
of  L'-  Col.  ilerrick  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  Sami-  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  aftervvard  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.  Uist. 
Mag.,  vol.  i,  p.  10. 


212     Council  of  Safety— Aug.  1 5 , 1 7 7  7 ,  <o  March  12,1778. 

tion  &  immediately  Employ  Thomas  Brayton  &  Enter  him  in  the  first 
Class  agreeahle  to  "the  direction  of  the  Committee  of  Clarendon. 

By  order  of  Council,  Tiiqs-  Chittenden,  P. 

To  Capt.  Sarauel  Robinson  or  either  of  his  assistant  overseers. 

29  Jany-  . 

Whereas  reports  to  the  prejudice  of  the  Eangers  &  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  otficers  [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  i)arty,  Attested  on  Oath  before 
the  Chairman  of  any  Committee  of  Safety,  the  25  day  of  February  next, 
&  all  persons  Neglecting  tt)  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  xllways  that  nothing  in  this  Resolve  be  construed  that  any 
Complaint  against  any  pei'son  for  plundering  that  shall  be  found  out 
after  the  25  day  of  FebJ'-  next  be  Excluded. 

By  order  of  Council,  Tho^-  Chittenden,  P'«- 

Attest,    Joseph  Fay,  Sec'^- 

29.  The  bearer  L^  Whi*^e  is  permitted  to  Carry  Wheat  out  of  this 
State  that  is  due  to  him  on  a  Certain  subscription  for  Clearing  a  Road,  to 
the  am*  of  20  bushels. 

By  order  of  Council,  Thomas  Chittenden,  P. 

To  whom  it  may  Concern. 

30.  This  day  Major  Jeremiah  Clark  is  permitted  to  Transport  nine 
bushels  of  wheat  out  of  this  State. 

By  order  of  Council,  Thomas  Chittenden,  P. 

To  ^ohotn  it  may  Concern. 

January  30th  1778. 
To  Capt.  Elkanah  Cook: 
You  are  hereby  directed  to  let  the  Heirs   of  John  Curtis  improve 
the  farm  formerly  belonging  to  him  during  the  Life  of  said  Curtiss  ^ife, 
their  giving  sufficient  bonds  to  Maintain  the  said  John  Curtis^  wife  dur- 
ing her  Life. 

By  order  of  Council,  Tho^-  Chittenden,  Pre'^- 

To  Capt.  Elkanah  Cook. 

Bennington,  30"'  Jan.  1778. 
M^^-  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,  Tho^-  Chittenden,  Pre'^- 

To  whom  it  may  Concern. 


State  of  Vermont.    In  Council,  Bennington  31'  Jany- 1778. 
giy_^ — 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,  «S:;c.  by  the  Enemy  (as  they  may  apply  to  you)  at  the  Common 
Price  which  is  for  Wheat  3  Dollars  p^  bushel.  You  will  reserve  all 
Spring  Grain  for  Seed. 

1  am  Sir  by  order  «&c.  Joseph  Fay,  SecV- 

Michael  Dunning  Esq'--'  Pownal. 

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  Col"-  Herrick  for  a  Sum 
of  Money  to  assist  him  in  liaising  three  hundred  Troojis  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 
othcers  which  was  not  fully  Complied  with,  [on  account  of]  which  No 
Doubt  your  honor  has  been  informed,  that  Col"  Herrick  is  like  to  dis- 
appoint you  in  your  request  to  him.  Being  Concerned  tliat  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  TroojDS  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  lleC^  Certain  Intelligence  that  the  Lake  is  Closed  with  Ice. 
I  am  Sir  with  Sentiments 

of  Esteem  (by  order  of  Council) 
your  most  Ob*  Hum"^'*^  Servant, 

Thqs  Chittenden,  Pres'- 
Hon^^e  Brig'''   Gen^  Stark. 


In  Council,  Bennington  2<i  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  Oflence,  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  Ob''  Hum'^'*'  Serv^- 

By  order,  Joseph  Fay,  *Scc'y- 

To  the  Gentlemen  sitting  on  Arbitration  on  a  dispute  between  IF"*-  Searls 
&  Andrew  Hawley. 

Feb.  2. — L*  William  Hutchins   is   permitted  to   Transport  4  bushels 
Wheat  out  of  this  State. 

By  order  of  Council,  Joseph  Fay,  Sec'y- 

To  all  Concerned. 


In  Council,  3^*  Feby  1778. 
/Sir, — You  are  hereby  directed  to  Lease  that  part  of  the  Farm  formerly 
improvec"  by  Capt.  Hard  of  Arlington  (now  Claimed  by  his  wife)  to 
Jacob  Galusha  except  5  acres  of  plow  Land  &  5  of  fallow,  which  M'-  But- 
terfield  is  to  have,  said  Galusha  Entering  into  Bonds  for  the  Support  & 
Maintainance  of  Capt.  Hard's  Family  during  the  Time  he  improves  s^^ 
Farm. 

By  order  of  Council,  Tho**  Chittenden,  Pres'''^ 

Capt.  John  Fassett  Ju^'-  C.  S. 


214    Council  of  Safety— Avg.  15,  1777,  to  March  12, 1778. 

In  Council,  Bennington  3<i  February  1778. 
This  Council  do  hereby  Permit  the  Bearer  Elnathan  Murwin  to  In- 
ventory his  Brother  Israel  Murvvin's  Estate  (late  Dec'' )  «&  settle  the 
Same  keeping  a  Regular  account  to  Exhibit  to  this  Council  whenever 
demanded. 

By  order  of  Council,  Thomas  Chittenden,  Pres^- 

Attest,  Joseph  Fay,  Sec'y- 


In  Council,  4  Feb?  1778. 

Orders  to  the  several  Colonels  of  Militia  as  follotos  viz^  : 
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. 

By  order  of  Council,  T.  Chittenden,  Pr. 

Col^-  Moses  Robinson. 
do.   Timothy  Brownson. 
do.  James  Mead. 
do.  Joseph  Marsh, 
do.  Peter  Olcott. 
do.    William  Williams.'^ 

Attest,        Joseph  Fay,  Sec'v- 

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,  Joseph  Fay,  Sec'y- 

To  whom  it  may  Concern. 


In  Council,  Bennington  6  Febv-  1778. 
Sir,— You  will  examine  into  the  proof  of  Capt.  Fitch^  giving  the  refu- 
sal of  the  house  (formerly  the  property  of  Benjamin  Holt^)  to  Mr.  Imus, 
&  if  you  find  to  your  satisfaction  he  had  the  Retusal  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,  Joseph  Fay,  SecV- 

Capt.  John  Fassett,  [Jr.,]  C.  Sequesf^- 

*  This  order  indicates  six  regiments  of  militia  at  that  date,  of  which 
respectively  these  gentlemen  were  Colonels. 

^  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.  ii,  p.  290. 

'  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]  Sh\ — You  are  hereby  Required  to  liber.ate  John  Mnttisson  wlio  is 
in  the  8''  Class,  under  your  Ci>nimand,  until  further  orders  from  this 
Council. 

By  order  of  Council,  Joseph  Fay,  Sec'v- 

Capt.  Bohinson,  Overseer  of  Tories. 

Statk  of  Vermont.    In  Council  of  Safety, 

Bennington  6^'"  Feby-  177S. 

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  [Sth]  day  of  July  last  Compose  &  agree 
Unanimously  on  a  Constitution  for  the  future  Government  &  Mutual 
advantage  of  its  Inhabitants.  It  was  then  projiosed  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  Assemlily  in  December  last,  wlio  (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  tit  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  2^1  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  Sufticiently  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  tiie  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  Hum''i«  Servant, 

Thomas  Chittenden,  Pres^'- 

Bennington,  6  February  1778. 
Resolved  that  three  men  be  appointed  as  a  Committee  to  repair  to 
Moncton  [Monkton]  when  applied  to  by  L*^-  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,  &  tha^  Captain  Zebulon  Mead,  M'"-  Joseph  Smith,  &  M^"-  Joseph 
Jackson  be  the  said  Committee. 

By  order  of  Council,  Thomas  Chittenden,  Pres''^ 

'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.  l5, 1777,  to  March  12,  1778. 

In  Council,  6  Feb.  1778. 
Kesolved  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.  \ 
Geyitlemen, — 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  live  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  Fay,  Sec'y- 

Joseph  Smith,  Esq^- ' 


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  Champlaiu. 

By  order  of  Council,  JONAS  Fay,  V.  Pres*- 

To  Col"-  James  Mead.  -  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  Hum'^''^  Servant, 

By  order  of  Council,  Joseph  Fay,  Sec'*'- 

Capt.  Joseph  Smith  &    ? 
Capt.  Elkanah  Cook.     ^ 

^  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. 

^  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  Feb>'-  1778.        \ 

Sir, — Yours  of  yesterday  date  is  now  before  this  Council.  Tliey  have 
duly  diliberated  on  your  several  requests  contained  therein,  &  in  conse- 
quence have  resolved  to  furnish  three  hundred  etlectivc  men  out  of  this 
State  exclusive  of  oliicers,  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  Col«-  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  aftbrded  the  Quarter  Master  in  Col- 
lecting Hay,  Provision  and  Transporting  flour,  &c. 
I  am  Sir  your  most  Ob*  Hum'^i^  Servant, 

By  order  of  Council,  Thos.  Chittenden,  P. 

Col"-  Hay} 

State  of  Vermont.  Bennington  9  Feby  1778.  > 
In  Council,  date  above.  | 
/Sir, -Your  Letter  forwarded  by  Colo- Hay  dated  Albany  7*  Inst  came 
to  hand  last  Evening,  in  which  1  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  Kesolved  to  raise  three 

^  Jan.  9  1777  the  Continental  Congress  resolved  that  Udney  Hay,  Esq., 
be  appointed  a  lieutenant-colonel  by  brevet  and  assistant  deputy  quar- 
ter master-general,  and  stationed  at  Ticonderoga.— Jowrna/s  of  Congress, 
1777-78,  vol.  Ill,  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.  Al)out  the  same 
time  an  "irruption  into  Canada"  was  determined  upon,  under  the  com- 
mand of  the  Marquis  de  Lafayette.  Feb.  2, 1778,  major  general  M"  Dou- 
o-al  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.  i,  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  Hon'^'e  Continental 
Congress  to  carry  Ihe  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  (b}'  order  of  Council) 

your  most  obdt^  Humble  Servant, 

Thomas  Chittenden,  P. 
Col"-  Moses  Hazen} 

State  of  Vermont.    In  Council  of  Safety,  ) 
Bennington  9tii  Feby- 1778.         ] 
Sir, — Xou  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 

^  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  dilferent  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  woi'k  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''- 

Elnathan  Hubble,  IHubbell,']  Esq''-'  Chairman  of  Committee  of  Safety  in 
Bennington. 

State  of  Vermont.    In  Council  of  Safety,  lO**"  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,  Esq^-  L*-  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 
Avith  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  )      most  Obedient  Hum^i^  Servant, 
sent  to  the  several  Captains  on  the  >■    Thomas  Chittenden,  President. 
East  side  the  Green  Mountains.  )         Attest,  Joseph  Fay,  Sec'y- 


State  of  Vermont.  In  Council  of  Safety,  ? 
Bennington  10  Feby- 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  Hon'^'e  Continental  Congress  for  penetrating  into 
the  Province  of  Quebeck.  Each  Volunteer  within  this  State,  who  may 
Engage  in  this  entex*prise,  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  Col"- 
Herrick,  youi'self  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  S**  expedition  until  the  last  day  of  April  next 
unless  sooner  discharged.    Col"-  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  Eecruiting  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  tirst  of  next  Month.  You  will 
please  to  Let  the  Council  know  immediately  wheather  you  except. 
I  am  Sir  your  most  Ob'^  hum.  Servant, 
By  order  of  Council,  Joseph  Fay,  Sec'v- 

Major  Benj"-  Wait. 


In  Council,  Bennington  10*i'  Feby  1778. 

This  Council  having  Taken  under  their  Consideration  the  Complaint 
made  to  this  Council  by  Captain  Zndock  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  Mone3'  as  a  fine  for  the  vise  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,  Tho^-  Chittenden,  Pres'- 

Attest,        Jos.  Fay,  Sec'^- 

Feb.  llti»  Eeci  the  Cost  of  this  above  suit  £16  8  0  &  £21  14  0  on  the 
above  Judg*-  pr         J.  Fay,  Sec^y- 

£8  6  0  Reef'  by  me,  Thos.  Chittenden. 


In  Council,  Bennington  10  February  1778. 
This  Council  having  Taken  into  Consideretion  the  particular  Circum- 
stances relative  to  the  Estate  of  Ephi-aim  Sealey  Late  of  Danby  Dec<i 
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  s'*  Sealey  dispensing  with  what  Loss  the  Estate  met  with  before  his 
Death.  By  order  of  Council,  Thomas  Chittenden,  P. 

Attest,        Joseph  Fay,  Sec's'- 


In  Council,  10">  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,  Se&y- 

To  whom  it  may  Concern. 


In  Council,  Bennington  10"i  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.     Y''ou  will  do  all  in  your  power  to  have  your 


Couneil  of  Safety/— Aug.  15, 1777,  to  March  12,  1778.    221 

Company  raised  willi  all  Possible  Expedition  not  to  Exceed  tlie  first 
day  of  March  next. 

I  am  Sir  your  Humble  Servant, 

Thomas  Chittenden,  Pres^'- 
Capt.  Ehenezer  Wood.^ 

(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 
Assembl}'  at  their  next  Term  in  March  next. 

By  order  of  Council,  Tho^-  Chittenden,  Pres''- 

Attest,        Jos.  Fay,  Sec>- 

In  Council,  Bennington,  10t'»  Febv- 1778.     Copy. 

Whereas  application  has  been  made  to  this  Council  by  Colonel  Moses 
Hazen,  Commanding  the  Continental  Troops  at  Albany  in  the  N'orthern 
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  lierrick 
Esq'"-  Lt-  Colonel  Commandant,  to  Continue  in  Service  until  the  last  day 
of  April  next  ;  Further  Resolved,  that  Major  Benj"  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  cami)aign,  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  ofBcers  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,  Thomas  Chittenden,  Pre''- 

Attest,    Joseph  Fay,  Sec'v- 


Bennington  12  FebJ- 1778.  } 
State  of  Vermont.  In  Council  date  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  priviledire  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,  Thomas  Chittenden,  Pre''- 

To  M>'-  James  Breakenridge. 

'  Ebenezer  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.  i,  p.  143. 


222     Council  of  Safety— Aug.  15, 1777,  to  March  12, 1778. 

Bennington  15  Teby- 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  ha]ipy  to  hear  your  honor  has  a 
favourable  prospect  of  Recovering  your  Health  after  so  long  &  Tedious  a 
Confinement,  &  thatyour  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-  &  Hum'Jie  Servant, 
By  order  of  Council,  Tho^-  Chittenden,  Pres'*- 

The  Honf>'^  Maj'^  Gen^  B.  Lincoln. 


(Feb.  16.) 
John  Potter  is  permitted  to  Transport  Twenty  bushels  Wheat  out  of 
this  State.  By  order  of  Council,  Joseph  Fay,  Sec'^- 

To  all  Concerned. 


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  Col"-  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  Ob*-  Humble  Servant, 

Thomas  Chittenden  P. 

Col"-  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,  Thqs-  Chittenden,  Pre'^- 

To  Capt.  Joseph  Bowker. 

State  of  Vermont.  Bennington  17  Feby- 1778.  ) 
In  Council  of  Safety,  date  above.  I 
Dear  Sir, — I  am  directed  by  Council  to  inform  you  that  the  Core  of 
ranging  officers  who  served  the  last  Cam])aign  under  the  Command  of 
Col"-  Sam'-  Herrick  have  accepted  the  Encouragement  olTi-red  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  Honblethe  Continental  Congress 
to  tile  Volunteers  of  the  free  and  Independent  States  of  America,  w^ho 
are  to  act  in  conjunction  with  a  respectable  body  of  Continental  Troops 
ordered  b}'^  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  maj'  be  kept  intire,  as  no 
officer  of  the  core  is  to  Rank  otherwise  than  last  Campaign,  »fc  Capt. 
Sealey  will  have  a  difterent  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 
tilled  immediately. 

As  a  Warrent  has  been  sent  [by]  Ira  Allen  Esq'"--  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  N'ecessary  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  Honl)le  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,  Thomas  Chittenden,  Preset- 

Major  Wait. 

State  of  Vermont.    In  Council,  Bennington  17t'»  Feby- 1778. 

Dear  Sir, — The  absolute  Necessity  of  raising  the  three  hundred  Troops 
ordered  b}'^  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  Col"-  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  Col"-  Herricks  Regi- 
ment. Nevertheless  the  Council  w^  wish  you  to  jiroceed  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.  If^,  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  Col"-  Herricks  Regiment.  Wishing  you  success  &  dispatch  in 
Compleating  your  Companj' — 

lam  D'"-  Sir  your  most  Obedient  Ilum'^'e  Serv^- 

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,  Tho^-  Chittenden,  Pre^^- 

Attest,        Joseph  Fay,  Sec'^- 

(19.) 
Stephen  Herricks  Permitted  to  Transport  about  Ten  bushels  wheat  out 
of  this  State  to  Lansborough. 

By  order  of  Council,  Thqs-  Chittenden,  Pre''- 

To  whom  it  Concerns. 

In  Council,  Bennington  21*   Feby  1778. 
Resolved  that  M'"-  Nathan  Clark  &  M'-  Timothy  Brownson  be  &  they 
are  hereby  appointed  a  Committee  to  settle  with  M'"-  W'"-  Fitch  Commis- 
sioner of  Sequestration. 

By  order  of  Council,  Tho®-  Chittenden,  Pr'^- 

(23d.) 
Dilivered  M'"-  Gideon  Olin  a  Commission  of  Sequestration. 

By  order  of  Council,  Thos-  Chittenden,  Pres''- 

Attested  by  Joseph  Fay,  Sec'^- 


Bennington,  24  Feb5'  1778.  } 

State  op'  Vermont.  In  Council,  date  above.  ^ 
/Sir, — Your  favour  of  yesterday's  date  p^"  M'"  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  L*-  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  Hum'^'e  Servant, 

Joseph  FAY^Sec'y- 
Major  Clark} 

'Probably  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 

[Fob.]  (25.) 
/Sir,— Whereas  this  Ct)uncil  is  informed  that  the  Intended  Expedition 
to  Canada  is  dropt.  or  Like  to  Fall  throuijh,  you  are  hereby  requested  to 
desist  raising  any  more  soldiers  for  the  above  jnirpose  on  the  Eneourage- 
ment  of  a  bounty  of  Ten  dollars  heretofore  Granted  ])y  Council,  until 
further  orders. 

By  order  of  Council,  Tiio^-  CiiiTTP:Nr>EN',  Pres'''- 

To  Capt.  Isaac  Clark,^  ct  L'-  Bradley. 

State  of  Vermont.  In  Council,  Bennington  25  Feb>- 1778. 
Sir, — We  have  had  Yerbel  information  that  the  Intended  Expedition 
to  Canada  is  Stoped,  you  are  therefore  desired  to  give  immeadiate  orders 
to  the  Several  otlicers  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  Hum'''e  Servant, 

By  order  of  Council,  Joseph  Fay,  Sec'v- 

Maj''  Benj"-  Wait. 

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  l^-  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  Ins*-  to  be  suspended  until  such  TrifU  may 
be  had.  I  am  Sir  your  Hum'''e  Serv*' 

Joseph  Fay,  Sec'y- 
i'-  3fartm  Powel. 


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,  Tno'<-  Chittenden,  President. 

The  above  order  Written  &  Entered  p'"- 

Nathan  Clark,  Esqr-  Sec'v-  P.  T. 
Attest,    Jos.  Fay,  Sec'v- 


^  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     Oouncil  of  Safety— Aug.  15, 1777,  to  March  12, 1778. 

Bennington  28  Feby- 1778. 
(To  the  commanding  officer  at  Albany : J 

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  l  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  acc^-  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  Cami)aign,  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  sutlicient  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  pui  pose, — which  tiiis  Council  are  of 
opinion  will  be  Sufficient  until  the  opening  of  the  Spring. 

I  am  Sir,  &c.  Thomas  Chittenden,  Pre.s'<- 

Bennington  28  FebJ-  1778. 
Gentlemen, — This  day  M^-  [Mrs.]  Walker*  makes  application  to  this 
Council  for  the  use  of  the  flxrm,  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  Hum'J''^  Servant, 

By  order  of  Council,  Tho^-  Chittenden,  P'- 

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  viz^- Samuel  Adams, 
Isaac  Brisco,  Caleb  Henderson,  and  Philo  Hards  Families. 

By  order  of  Council,  Thomas  Chittenden,  P''- 

Mrs-  Adams  is  Permitted  to  Carry  with  her  viz^-Two  Feather  beds  & 
bedding  suitable  therefor,  six  Pewter  Plates,  two  Platters,  two  Basons,  one 
quart  Pot,  one  Tea  Kittle,  AVearing  Apparil  for  herself  &  Children,  one 
Frying  Pan,  one  Candle  Stick,  knives  &  torks.  Mrs.  Brisco  is  permitted  to 
Carry  with  her  two  Feather  beds  &  bedding  for  the  Same,  tive  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,  »fe  knives  &  Forks.^ 

By  order,  Tho^-  Chittenden,  President. 

'  Probably  wife  of  Daniel  Walker  of  Clarendon,  whose  property  was 
coutiscated.     He  was  proscribed  by  the  act  of  Feb.  26,  1779. 

^  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  177S. 
Gentlemen, — The  Bearers,  Daniel  Kinney  and  Jonatlian  Truesdel,  have 
this  day  made  application  to  this  Council  for  (Eacli)  the  rent  of  a  Farm 
within  this  State.  They  api)ear  to  be  men  that  will  make  useful  mem- 
bers of  society,  will  deposit  money  in  the  Treasury  office  of  this  State 
sufficient  at  Least  for  Ihe  Rent  of  such  form  or  farms  as  they  may  agree 
for.  This  Council  therefore  desire  that  if  you  have  any  farms  now  in 
possession  that  you  can  disjiose  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  Hum'''''  Servant, 

By  order  of  Council,  Jos.  Fav,  .Sec'"- 

Messrs.  Fitch  &  Boberts. 
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  S'-  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  Chamjtlain  &  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  Alban}',  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  s''  men,  &  orders  to  the  Commissary  at  Ben- 
nington to  furnish  them  with  provitious — Therefore  Resolved  to  raise 
two  companies  Consisting  of  titty  able-bodied  effective  men  in  Each,  Ex- 
clusive of  Coniuiissioned  officers,  to  be  Commanded  by  one  Capt.  «fc  two 
Lt^s-  Each,  to  give  one  Months  pay  to  them  to  Enable  them  to  Ricruit  their 
men  &  Ten  dollars  bounty  to  Each  non-commissioned  officer  &  soldier. 
Together  with  four  Pounds  p'"  Month  as  Wages,  to  Continue  in  Service 
Two  Months  from  this  date  unless  sooner  discharged. 

By  order  of  Council,  Tno»-  Chittenden,  Pr''- 

Attest,        Joseph  Fay,  (Sec'y- 

Bennington  6  March  1778.  } 

State  of  Vermont.  In  Council  date  above,  f 
Gentlemen^ — This  Council  have  taken  into  consideration  your  request 
of  the  15  January  Last  for  their  assistants  in  Compleating  the  Regiiaent 
(wliich  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  &  leturn  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  s^"  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  Regimeut, 


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  Ob'  Hum"ie  Servant, 

V,y  order  (if  Council.  Thqs-  CHITTENDEN,  P. 

Col"-  Seth  Warner  cfc  L'-  Col"-  Safford. 


Statk  of  Vehmont.     In  Council,  T?ennington  6"'  March  1778. 
[Copy.] 
Instructions  for  Capt.  Ebenezer  Allen. 

The  object  of  orderiufj  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  therefoi-c  Proceed  &  Raise  your  men 
with  all  Possilile  dispatch,  &  when  you  have  enlisted  a  sufficient  number 
you  will  March  them  to  N.  Haven  Fort  where  you  are  to  Tnke  post. 
You  are  to  keep  out  proper  Scouts  toreconoiler  the  Woods,  to  Watcli  the 
Movements  of  the  Enemy,  &  Report  them  to  this  Council  or  otficer  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  disaff"ected  iiersons  to 
the  Interest  of  the  United  States  of  America,  you  will  confine  him  or' 
tbem  &  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  thoir  property.  You  are 
to  be  iiarticularly  cautious  that  none  of  the  Inhal)itants  may  SuiTer  by 
their  effects  bein'i,'  Taken  on  Suspicion  of  their  being  Tories. ' 

Ry  order  of  Council,  Trio'^- Chittenden,  Pres'i- 

Attest,    Joseph  Fay,  Sec^- 

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.  C:)l"Herrick  for  the  Intended 
Expedition  into  Canada,  &  you  &  the  other  officers  (who  have  enlisted 
any  such  Soldier)  may  be  hereby  assured  that  any  reasonable  encouiage- 
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  &  tlic 
Corps  wiio  are  to  serve  under  you,  but  as  there  is  but  few  of  the  Council 
(at  present)  Together  they  tliink  it  advizeable  for  tiiem  to  rei)ort  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  tiie  Comfort  of  your  Camp  that  is  in 
the  Power  of  this  Council  to  afford  you. 

By  order  of  Council,         "  Tho«- Chittenden,  Pre''- 

To  Capt.  Eben''  Allen  &  Commiss''-  officers  under  kim. 

Yoted  in  the  House  of  Assembly  that  in  Lieu  of  D.  D.  [double  daily] 
rations  10  Dollars  as  bounty. 

Attest,  M.  Lyon,  D.  ISec^y-  ^ 

^  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  reconuiicnd  to  the  Several  Gentlemen  appointed  hy 
the  freemen  of  the  Several  Towns  within  this  State  to  i-cprcsent  them  in 
General  Assembly,  to  As.seml)]e  at  the  Town  house  in  this  place  immedi- 
ately &  to  form  a  house  of  Assembly  by  choosing  a  Si)eaker»fe  Clerk,  and 
make  Report  of  )'our  proceedings  hereon  a.s  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  Sheritf  during  the  Session  of  this  present 
Assembl}^  (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- 
rant. By  order  of  Council,  Tho*"- Chittenden,  Pr'- 

Attest,  Joseph  Fay,  Sec^- 

[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  Euback  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  31s. 
Journal  of  the  General  Assembly,  Mai-ch  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. 


RECORD 


OF   THE 


Governor  and  Council 


FOR  THE 


STATE  OF  VERMONT. 


MARCH  12,  1778,  to  NOV.  11,  1835. 


{^/y^^{/7-:rj^ 


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  lai'gely  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. 

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. 

ORGAKIZATIOJ^,  FROM  MARCH  12  UNTIL  OCTOBER  9,  1778. 

Thomas  Chittenden  of  "Williston,^  Governor. 
Joseph  Marsh  of  Hartford,  Lieutenant-Governor.' 

*  Gov.  Chittenden's  residence  was  then  in  Arlington,  but  his  home  w^as 
in  "Williston. 

^  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  Crovernor  and  Council — Introduction. 


Ira  Allen  of  Colcliestei-,  ^ 
Jacob  Bayley  oi'  Newliury, 
Joseph  Bowker  of  Rutland, 
Timothy   Brovv^nson  of  Sunder- 
land, 
Benjamin  Carpenter  of  Guilford, 
Jeremiah  Clark  of  Shaftsbury, 


councillors: 

Benjamin  Emmons  of  Woodstock, 
Jonas  Fay  of  Bennington, 
Thomas  Moredock  ^  of  Norwich, 
Peter  Olcott  of  Norwich, 
Paul  Spooner  of  Hartland, 
Moses  Kobinson  of  Bennington.^ 


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. 

'  Ira  Allen's  residence  was  in  Sunderland,  but  his  home  was  in  Col- 
chester. 

*  Thomas  Murdock. 

'This  list  is  from  Slade's  State  Papers,  with  the  exception  that  here 
the  name  of  Moses  Robinson  is  inserted  in  lieu  of  John  Tiiroop. 
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  xoas  a  member  of  that  Council,  and 
John  Throop  was  not,  are  tacts  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  tirst  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  Couucillors,  and  that  blank  was  never  tilled  until  a  comparatively  re- 
cent date,  when  it  was  tilled  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  faitli,  but  nevertheless  it  is  wrong.  The  proofs  that  Moses  Rob- 
inson was  a  member  of  the  tirst  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 


Crovernor  and  Council — Introduction.  235 

BIOGRAPHICAL  NOTICES. 

Foi-  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.  I'JO. 

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  Vermoiit,  at  that  date.} 
Lieut.  Gov.  Maksh, 


1.  Jacob  Bayley, 

2    Thomas  Murdock, 

3.  Peter  Olcott, 


4.  Benjamin  Emmons, 

5.  Paul  Spooner, 

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, 

8.  Timothy  Brownson, 

9.  Jeremiah  Clark, 


10.  Jonas  Pay, 

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  guax-d.  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 
thf>,t  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  Crovernor  and  Council — Introduction. 

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.  Jose])h  Marsh,  who 
settled  in  Lebanon,  Conn.,  in  1697,  was  grandson  of  John  Marsh;  and  a 
grandson  ot  Joseph  was  the  father  of  Vermont's  first  lieutenant-governor, 
Col.  Joseph  Maesh  of  Hartford,  Yt.  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  Mar.sh  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,  froyn  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. 


Grovernor  and  Council — Introduction.  287 

late  Dr.  Leonarri  Marsli  of  Burlington,  and  the  Hon.  George  P.  Marsh 
of  Burliniiton,  wlio  yet  lives  to  command,  Ihrouah  his  great  attainments, 
the  homage  of  the  hest  scholars  in  Europe  and  America.  Tlie  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 Koswell  Marsh,  as  hereinafter  noticed. 

Col.  Marsh  settled  in  Hartford,  Vt.,  in  1772,  and  soon  was  engaged 
actively  and  inlluentialh*  in  jiublic  affaii-s.  He  was  then,  of  course,  a  resi- 
dent of  Cumberland  county  and  under  the  jurisdiction  of  Xew  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  absentduring  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  i)urpose  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  famil}-  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.  lloswell 
Marsh  of  Steubenville,  Ohio,  grandson  of  tlie  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,  (formerh'  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  oi'der  dated  at  Bennington  Aug.  'ii  could 
not  possibly  reach  Col  Marsh  at  Hartford  in  time  for  him  to  get  his  men 
into  the  battle  at  Bennington  on  the  KUh  ;  but  the  order  conliinis  the 
remainder  of  Boswell  Marsh's  statemi'nt.  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  (.'onvention  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  i-aised  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  tlie  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  N'ew  Hampshire  also,  with  hea(l-(juarters  at  Dresden,  which  was  that 
part  of  the  territory  of  Hanover  that  was  then  owned  by  the  corporation 


238  G-overnor  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.' — See  Blake's  Biographical  Dictionary;  Eastern 
Vermont;  Vt.  Historical  Society  Collections,  vol.  i;  Hon.  James  Barrett's 
Memorial  Address  on  Hon.  Charles  Marsh,  1870,  specially  the  letter 
of  Eoswell  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  JSTew  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  eiglit  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  <>f 
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. 


Grovernor  and  Council — Introduction.  239 

For  tho  followiniT  Inonrraphical  notice  of  Benjamin  Ejimons,  nfWooil- 
sfock,  the  editor  is  indebted  to  ITknry  S.  Dana,  Esq. 

The  famil}'  to  whicli  lienjainin  Emmons  belonged,  lived  originally  in 
Massachusetts,  but  soon  after  the  close  of  the  French  and  Indian  war 
eight  brotiiers  of  the  family  had  settled  in  the  region  of  Hinsdale  and 
Ches*^erfield,  X.  II.  These  brotiiers  were  all  remarkable  for  vigorous 
frames,  great  muscular  strength,  and  active  sjiirits.  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.  177"2,  Ben- 
jamin Emmons  left  Chesteilield  and  settled  with  his  (amily  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 
wdtli  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  Safet3%  and  he  remained  on  this 
Committee  as  long  as  it  existed.  In  August  of  the  same  year  he  was  a 
lieutenant,  under  Kew  York,  of  the  upper  regiment  of  Cumberland 
Count3^  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  sepai'ation  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  w^ell-known 
patriotism  were  sufficient  reasons  why  he  might  be  made  a  member  of 

^  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,  no\y  liyjng  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  Apthroj)  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  Bouse,  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  "VYindsor 
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  Avas  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  Demiug'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, 


Crovernor  and  Council — Introduction.  241 

1777.  IIo  was  councillor  and  miMnlici-dt' the  cdurt  ot'conliscation  in  177S 
and  until  Oct.  1779;  and  judge  of  Windsor  county  court  17S2-"S7.  He 
represented  Norwich  in  17S0  and  1782.  (iraliam  said  tliat  Mr.  Murdock, 
being  tired  with  the  noise  and  bustle  of  public  allhirs,  retired  to  do- 
mestic enjoyments  and  the  calmer  pleasures  of  jnivate  life.  lie  died  at 
Norwich  in  1803. — See  Deming's  Catalogue;  Graham's  Descriptive 
Sketch;  Thompson's  Gazetteer,  1823. 

Gen.  Peter  Olcott  was  another  of  tlie  euiiui'ul  men  of  Xoiwich. 
active  in  both  the  civil  and  military  affairs  of  tlie  state.  In  May  1777 
he  was  appointed  by  New  York  one  of  the  commissionei-s  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  conliscation 
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  Buuton,  for 
Norwich,  in  the  Convention  which  adopted  the  constitution  in  Jul}^  and 
December,  1777,  is  stated  on  the  authorit}'  of  the  late  Doct.  Joskpii  A. 
Gallup,  who  was  eight  years  of  age  at  the  time,  and  had  his  informa- 
tion from  his  father,  AVilliam  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  18u8. — 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  Asseuibly, 
March  13,  1778.  On  that  day  he  took  the  oaths  of  otfice  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  alter  the  West- 
minster massacre.  Thomas  Cliandler,  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  17G3.  In  March  of  that  year,  at  a 
meeting  of  the  proprietors,  holden  at  AVorcester  Mass.,  he  was  appointed 
town  clerk,  and  he  held  that  ofiice  until  March  1780.  July  10,  176('»,  he 
was  appointed  (by  New  York)  assistant  justice  of  the  inferior  court  of 
common  pleas  for  Cumberland  county,  and  he  held  the  otfice  until  after 
the  Westminster  massacre.  He  was  a  delegate  in  the  Westminster  Con- 
vention  in    Oct.    1770,   and   Jan.    1777.'      He    was    elected  to    the  first 


*The  records  of  the  Conventions  and  of  the  Assembly  omit  the  junior. 
It  was  Thomas  Chandler  who  was  electecT  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  aftecting  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  TIIE  GENERAL  ASSEMBLY,   MARCH  1778. 


State  of  Vermont,  ) 

Windsor,  March  13,  1778.'  \ 
This  day  Commences  the  first  Proceedings  of  Council  upon  the  Estah- 
lishment  of  the  Constitution  of  the  State  of  Vermont. 


Sir, — Whereas  the  Freemen  of  tliis  State  have  by  their  Vote  appointed 
you  to  be  one  of  the  members  of  the  Hon^'ie  Council  of  this  State,  & 
whereas  it  is  of  ]!fecessity  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  Gov""-  &  Council, 

Thos-  Chandler,  Ju"--  (Sec'y- 
The  HonP^^  Jacob  Bayley,  Esq''- 


State  of  VERMO>fT,  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  Gov""-  &  Council, 
Moses  Robinson,  Esq''-  Thos-  Chandler,  Jw-  Sec'y- 


^  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  Col«-  Peter  Olcott  appointed  by 
the  Council  to  join  a  Committee  of  the  Assembly  to  wait  on  a  committee 
from  Iho  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  un  the  first  union  of  New  Hanipshirc  towns 
with  Vermont,  see  Apx)endix  G,  No.  1.] 

*  That  is,  the  several  expected  daily  sessions  of  the  body.  Tiu'  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,  Dep>'- 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  Stale  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,  Airreeable  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 
])e  by  this  House  appointed  for  that  purpose. 

By  order  of  Assembly, 

Nathan  Clark,  Speaker. 
Test,  Benjamin  Baldwin,  Clerk. 
To  His  Excellency,  Gov-  &  Council.  ^ 


State  of  Vermont.  \ 
In  General  Assembly  Windsor  18  March  1778.  •  \ 
Upon  the  petition  of  John  Payne.  John  Ordway,  Comfort  Sever  & 
their  associates,  pn\ying  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  (jranted  to  them  on  Reasonable 
Terms  and  Incorjiorated  into  a  distinct  &  separate  Town,  as  by  petition 
on  file  Bearing  date  Jan>-  1st  1778  may  appear,  therefore  Resolved  by 
this  Assembly  that  the  above  named  John  Payne,  John  Ordway,  Comfort 
Sever,  and  theirassociates.  Provided  they  are  forty-six  in  number,  besides 
what  is  hereafter  reserved  for  Public  uses  viz.  one  Right  or  share  for  the 

"From  the  Assembly  Journal: 

March  16. — Voted,  to  send  a  request  to  his  excellency  the  Governor 
and  Council,  to  iirepare  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  Re[)re- 
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  l)e  altered,  and,  in  the  place  of  "■  New  Hampshire,"  insert  the 
west  hank  of  Connecticut  river. — [Thus  fixing  the  eastern  boundary  of 
Veimont  on  the  west  bank.] 

Voted,  to  accept  the  bill  presented  to  this  House  by  the  Governor  & 
Council,  prescribing  the  boundaries  iV  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."] 

^Trom  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. 


Cfovernor  and  Council — March,  1778.  24/) 

first  settled  minister,  one  for  the  parsonage,  one  for  a  School,  &  four 
hundred  af-res,  which  is  Reserved  in  the  southwest  Corner  of  the  said 
Town  for  the  use  of  a  Colle<re,  lie  assured,  that  the  rest  of  the  Land  aliove 
referred  to  shall  be  granted  to  them  agreealile  to  the  Tennor  of  tlieii-  SJ 
request  at  the  api)raisal  of  Indifferent  men,  as  Wild  Lands,  when  the 
Circumstances  of  this  State  will  admit  of  its  being  done  with  pro])riety  ; 
on  Condition  of  one  Settler  be  setthid  on  each  private  share  in  two 
years  after  Granted,  the  said  petitioners  advancing  the  sum  of  Two 
thousand  dollars  on  Loan  in  the  Loan  Ottice  which  shall  hereafter  be 
established  in  this  State,  agreeable  to  the  jiroposals  of  their  agent  to  this 
Assembly  within  Two  months  after  such  Loan  ollice  shall  be  proi)ci-ly 
Erected. 

Passed  in  House  of  Representatives, 

Benjamin  Baldavin,  Clerk. 


Windsor,  March  1.3,  [19,]  1778.^  ) 
State  of  Vermont.  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  L^-  Bai-num 
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  <&  su]i[)lying  you,  do  theretbre  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.  Sawder  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  on  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  12lh  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  Barmnn  of  Monk- 
ton,  who  lost  his  life  by  the  daring  act.  After  fighting  two  hours,  the 
enemy  retreated,  were  pursued,  and  two  of  tliem  were  captured.  Tiie 
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  eflects.  You  will  remain  at  s"^  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.  Chandli:r,  Ju^M^Sec'J'- 

Voted  in  General  Assembly  this  should  be  sent. 

Benja.  Baldwin,  Clerk. 
To  Capt.  Sawyer. 

State  of  Vermont.    In  Council,  Windsor,  March  19, 1778.' 
To  Captains  Ebenezer  Allen  and  Isaac  Clark: 

Gentlemen., — By  Express  this  moment  Rec''  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  tor  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  etfects  as  shall  be  in  your  power.  You  are 
not  to  burn  or  destroy  any  Buildings,  or  other  effects. 

I  am  Gentlemen  your  obed'ent  Hum'-''e  Servant, 

By  order  of  Council,         Thos.  Chandler,  Ju""-  Sec'v- 
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. 

*  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,  to  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  lifty  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  till  up  Col"-  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  mid  Council — March,  1778.  247 

State  of  Vermont.  Windsor  23  March  1778.' 
Sir, — You  are  hereby  directed  to  diliver  to  the  bearer  M'"-  Watts  Hub- 
bard the  Bond  made  "by  Zebediali  [Zedekiali]  Stone  Esq""-,  the  l)earer 
[Hubbard]  &  Ak>xander  ParnuUee  tor  the  Safe  keeping  in  Custody 
Watts  Hubbard  Ju'"-  tor  which  liiis  shall  l)e  you  Sutficient  discharge  with 
his  Rec*-  on  the  back.         I  am  Sir  your  Humble  Servant, 

By  order  of  Council,        Thomas  Chandler,  Ju^-.  Sec'y- 
Capt.  William  Dean. 


[State  of  Vermont.  In  General  Assembly,  March  24, 1778.]' 
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  Ilicks,^  and  others  now  gone  over 
to  the  Enemy  &  Consequently  forfeited  to  the  United  States  of  Amer- 
ica; &  Whereas  the  Hon^^'e  Continental  Congress  have  Recommended 
to  the  Several  States  to  make  Immediate  Sale  of  such  Lands;  And 
Whereas  M""-  William  Gallup''  of  s''  Town  has  made  application  to  this 

'  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  atiirmative. 

^  Fi'ora  the  Assemhly  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  otiice  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  i)urposes  a  councillor  when 
he  was  not  filling  the  executive  chair. 

'  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  Duinnore  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.  JosEi'ii  A.  Gallup,  in  a  memoir  dated  August  14,  184(5,  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 — Thei'efore 
Resolved  that  M''-  William  Gallup  ma}'  agreeable  to  his  request  (on  put- 
ting one  thousand  DoHars  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  s^^  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  l;)e  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  p^  Cent 
p""  Annum. 

Passed  in  the  House  of  Assembly,  March  24,  1778. 

Be>jamin  BALDWiisr,  Clerk. 


State  of  Vermoxt.  Windsor  25  March  1778.  ^ 
IjST  Council,  date  above. 
Watts  Hubbard  Ju""-  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  Ju^'- 
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  Vermokt,  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  4<i  p"" 
Mile  Travelling,  to  be  laid  before  his  Excellency  in  Council. 

Test,  Ben'Jamin  Baldwin,  Clerk. 


Windsor  26  March  1778.  7 
State  of  Ver3IONT.  In  Council,  date  above.  j 
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  impovvered  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."  Eor  this 
extract  the  editor  is  indebted  to  Henry  S.  Dana,  Esq.,  of  Woodstock. 

*  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  L*-  Governor  with  Geui-  Jacob  Bayley, 
Major  Thomas  Murdock,  Col"-  Peter  Olcott,  Benjamin  Emmons  Esq""-. 
Paul  Sjioouer  Esq'-  Col"-  Benjamin  Carpenter,  (any  four  of  whom  to  be  -^ 
a  quorum)  be  &  are  herel)y  appointed  a  Court  &  Impowered  to  Confis- 
cate and  order  Sale  to  be  made  of  all  such  Lands  &  Estates,  as  shall  by 
Suttieient  Evidence  appear  to  be  forfeited,  within  the  County  of  Cumber- 
land, and  order  the  produce  of  the  8ame  into  the  Treasur}^  of  this  State. 
They  are  Also  impowered  to  appoint  Commissioners  to  Adjust  and  Settle 
the  accounts  of  tbe  creditors  to  said  Estates,  and  order  payment  for  the 
Same,  and  Also  to  settle  the  accounts  of  the  Soldiers  &  others  in  the 
service  of  tliis  State  the  Last  Campaign,  &  give  orders  to  the  Treasurer 
or  his  Clerk  for  tlie  payment  thereof 

By  order  of  Governor  &  Council, 

Thomas  Chandler,  Ju""-'  Sec'!/- 
This  Council  do  appoint  Capt.  Sam^-  Robinson  &  M'"-  Thomas  Rowley 
to  be  County  Surveyors  for  tiie  County  of  Bennington. 
By  order  of  Gov*"-  &  Council, 

Thos.  Chandler,  Ju""-.  Sec'v- 


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  tiierefore  duly  &  faithfully  from  time  to  Time, 
to  do  &  pertorm,  the  duty  of  Sheritf  witliin  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,  forwhich  this  shall 
be  your  Suflicient  Warrent. 

Given  in  the  Council  Chamber,  date  above, 

Thos.  Chandler,  Ju' •'  Sec''^- 

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  Col"-  Moses  Robinson  &  Jonas  Fay  Esq'"s- 
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  Grovernor  and  Council — April  7-11,  1778. 

Windsor  26  March  1778.  ^  7 
State  of  Vermont.     In  Council,  date  above.      \ 

Voted,  that  the  Hon''"'  .Joseph  Marsh  Esq''-  &  the  Honi^ie  Jonas  Fay 
Esq'"-  be  Delegates  to  Wait  on  the  Ilon'^'''  Continental  Congress,  to  an- 
nounce to  that  Honi'i*^'  body  the  formation  of  this  State.  Likewise  v.oted 
to  invite  Col"-  Elisha  Payne,  to  accompany  the  above  j)ersons  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 

AD.JOURNED    SESSION    ARLINGTON,    APRIL    7-11,    1778.* 


State  of  Vermont.  Arlington  9  April  1778. 
Sir^ — Mr.  [Thomas]  Brayton  informs  tliis  Council  that  you  have  a  side 
Saddle  in  your  Custody  which  is  his  property.  He  says  that  he  has  pro- 
cured sutticient  Bonds  to  the  Com?nittee  for  the  Maintainance  of  his 
family  by  which  he  is  Intitled  to  Such  of  his  Moveables  as  have  not  been 
Taken  &  disposed  of  by  tlie  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  impow^ered  to 
chuse  a  Committee  out  of  their  own  body  to  prepare  matters  to  be  laid 
before  this  House,  at  tlieir  next  session. 

[The  House  adjourned  to  the  tirst  Thursday  of  June  ;  but  the  Council 
for  a  special  session  in  April.] 
^Erom  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.  Gov'"-  Marsh,  be 
postponed  until  the  next  session. 

Mr.  Marsh  was  one  of  the  committee  appointed  by  the  House  on  the 
tirst  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. 

^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  live  councillors  present. 


Grovernor  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  Gov-  &  Council, 

Matthew  Lyon,  Ass'-  Sec^v- 
To  Mr.  Sylvanus  Brown. 


State  of  Vermont.    In  Council,  Arlington  10*''  Ap'-  1778. 
Seth  Whealer  appeared  before  this  Council  to  Answer  to  a  Complaint 
of  Capt.  John  Fassett,  «fc  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   U»   10. 

Attest,  M.  Lyon,  D.  Sec'v- 

State  of  Vermont.  In  Council,  Arlington  10  Ap'-  1778. 
/Sir, — You  are  hereby  required  to  Call  to  3'our  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  discover}^  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 
he  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  ma}'  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. 

Thomas  Chittenden. 
To  Capt.  Ebenezer  Wallace. 

Attest,        M.  Lyon,  D.  /Sec'?^ 


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  Govi'-  &  Council,  M.  Lyon,  D.  Sec'v- 

Capt.  SaJii'-  Bobinson. 

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  M'"-  LeouanFs  in  this  Town. 

By  order  of  Gov""-  &  Council,  M.  Lyon,  D.  Sec'v- 

State  of  Vermont,  Arlington,  11  April  1778. 
The  Debenture  of  Council. 
Honbie  Joseph  Bowker,  Esq^-  £6    0    0 

Hon^ie  Jonas  Fay,  Esq""-  3    9    0 


252         Governor  and  Council — Afril  20  to  May  1,  1778. 

HonWe  Moses  Robinson,  Esq*"- 
HonWe  Jeremiah  Clark,  Esq''- 
Hon''ie  Timothy  Brownson, 
Matthew  Lyon  4  days. 

Attest,    Matthew  Lyon,  D.  Seii'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  ],  1778.* 


State  of  Vermont.     In  Council,  Arlington,  22^  Ap'-  1778. 

We  hav  Rec^*  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- 
l)ortunity.  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'v- 

To  the  Inhabitants  to  the  Worth  of  Pittsford  on  Otter  Creek. 

Another  letter  of  the  Same  Substance  &  date  sent  to  the  Inhabitants 
of  Pan  ton,  Addison  and  Bridport. 

Attest  M.  Lyon,  D.  Sec't/. 

State  of  Vermont.  In  Council,  Arlington  April  22^- 1778. 
Dear  Sir,  —In  consequence  of  intelligence  Rec'  at  several  different 
times  from  the  Northward,  I  have  ordered  the  Militia  (who  are  now  on 
their  March)  to  your  assistance.  1  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  Iuhal)itants  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) 

*  N"o  entry  made  of  proceedings  until  April  22. 


Grovernor  and  Council — April  20  to  May  1,  1778.        253 

to  protect  the  Inhabitants  aijainsi  the  IViry  and  Rage  of  Savages  &  Dia- 
bolical Tories  until  Seasonabl}'  Relieved.     I  heartily  wish  you  Success. 
And  am  D'"  Sii-  your  very  Ilum'''^'  Servant. 

Thomas  Chittenden. 
Capt.  EbeW  Alleri. 

Copy  Attest,    M.  Lyon,  D.  Sec'^- 


State  of  Veiimont.  In  Council,  Arlington  22''-  Ap'  177S. 
Such  People  to  the  Northward  as  have  Wheat  or  tlour,  which  they 
Want  to  Change  for  Flour  at  Bennington,  should  Diliver  the  Same  to 
M>--  Elisha  Clark  N.  D.  Commissary  tor  the  Party  at  Pittsford  Rutland 
&c.,  taking  his  Rec*  therefor,  specifying  the  quantity  and  Certityinu 
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  Rec"^  of  them. 

By  order  of  Gov  &  Council, 

M.  Lyon,  D.  Sec'i'- 
To  whom  it  may  Concern. 


State  of  Vermont,  Arlington  April  28''-  1778. 
Adjutant  Joseph  Fay  Appeared  before  this  Council  &  took  the  neces- 
sary oath  of  office  and  Rec'^  his  Commission. 

Attest,  M.  Lyon,  D  Sec'.'/- 

Colonel  Ilerrick  is  ordered  to  direct  L*-  Col"-  Walbridge  to  Lead  the 
2'i  Company  in  Bennington  to  a  Choice  of  Captain. 

Attest,  M.  Lyon,  D.  <Sec>- 

State  of  Vermont,  Arlington  23  April  1778. 
Capt.  Ebenezer  Wallace'  Brought  an  account  for  Service  done  accord- 
ing to  orders  he  Ree'i  from  this  Council  of  the  10'^'' of  March  [April]  Is^- to 
the  am^  of  £  15  15  0  which  is  Granted  &  the  Treasurer  ordered  to  pay 
the  Same.  Attest,  M.  Lyon,  B.  5ec'y- 


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 ot  this  State  or  his  Son,  this  is  therefore  to  request  and  order  you 
to  diliver  the  Cow  &  Calf  to  s'^  Sealey,  or  to  appear  before  this  Council 
to  give  the  Reasons  why  you  withhold  s''  Cow  &  Calf,  forthwith. 
By  order  of  GoV  &  Council, 

Matthew  Lyon,  D.  Sec^- 
To  Abraham  Mattisson,  Pownal. 

21 
The  Hon'^'e  Moses  Robinson  Esq""-  took  the  Oath  of  Alegiance  &  oflice 
&  signed  the  Religious  Test. 

24 
The  Express  sent  to  the  L*-  Governor  is  Consigned  to  the  Care  of  Capt. 
Sawyer,  Clai'indon.     [The  express  referred  to  seems  to  have  been  to  bear 

'  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. 


f 


254         Grovernor  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  24*''  May^ 
instead  of  April,  as  the  date  of  the  memorandum  as  to  the  express 
above  shows.]  Attest,  M.  Lyon,  D.  Secv- 

Kesolved  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  Coh'-  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  tlio 
officers  commanding  the  Said  Troops  to  March  them  to  be  raised  in  Cum- 
berland County  to  Rutland,  and  the  G(,vernor  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  Honii'^  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  eflfectual  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  Col"-  Warners  Regiment,  or  some  other  Continental 
Regiment  for  that  Service.  I  have  Rec*^"  accounts  fi-om  Major  Gen'-  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  tor  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  olhcers  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  1*  day  of  May 
next  with  Provisions  sufficient  for  their  March  to  that  place  where  they 
will  be  duly  Mustered  and  Receive  Provisions  and  ammunition.  Shoul(i 
the  Companies  be  [not]  already  Compleated,  you  will  forwai-d  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  i)apers 
directed  to  the  Commanding  officer  of  the  County  of  Glouster,  as  for- 
warded to  you,  your  Wisdom  will  direct  their  use. 

I  am  Hont'ie  Sh-  your  most  Obt-  Hum'^'e  Servant, 

Thomas  Chittenden,  Cap'^-  Gen'- 
To  Lieut.  Gov.  Joseph  Marsh. 


Governor  and  Cotmeil — April  20  to  May  1.  1778.         255 

Statf  of  Vekmont.     In  Council,  Arlinglon  24  Apr'-  1778. 

Sir. — Wliereas  Col"^-  Warners  Regiment  is  onliM'ed  to  Albany  tor  the 
Present,  &  whereas  there  is  Absolute  Necessity  of  a  iiuniber  of  men  to 
be  immeadialely  sent  to  Guard  the  Frontier  Inhnl)itan1s  of  this  State  in 
as  much  as  the  Time  for  which  Capt.  Allen  &  Capt.  Claiks  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  tifty-seven  able  bodied 
men  which  were  ordered  to  be  raised  in  the  "J''  Regiment  b}"  the  Gi-ne- 
ral  2Vsseml)ly  of  this  State  which  you  now  have  the  honor  to  Command,  f 
&  cause  them  to  l)e  properly  otficered  by  some  of  the  Militia  otiicers  of  ^"- 
your  Regiment  &  every  way  equiped  for  a  Campaign  &  order  tliem  to 
March  to  Rutland  as  quick  as  jiossible  where  they  will  be  joined  bv  the 
other  Troops  ordered  to  be  raised  by  this  State,  the  sai<l  Militia  otticers 
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  Gov"'-  &  Council,  M.  Lyon,  D.  Sec'v- 

To  Col"-  Samuel  Herrick. 

Orders  of  the  same  Tennor  &  Date  (of  the  above)  Lssued  to  the  Col"- 
of  the  5  Regiment  of  Militia  exce|)t  60  men  in  Lieu  of  57. 

Attest,  M.  Lyon,  D.  Sec^y- 

State  of  Vermont.     In  Council,  Arlington  24^''  Ap'-  1778. 

Si'-, — You  are  hereby  commanded  to  March  the  Troops  under  your 
Command  to  the  assistance  of  Cai)t.  Ebenezer  Allen,  in  the  Northern 
Frontiers  of  this  State,  where  you  will  continue  for  the  Protection 
thereof,  and  to  assist  in  Removing  such  fiimilies  within  the  Lines  of  De- 
fence as  you  tind  in  your  Power,  having  always  Reference  to  the  neces- 
sitous circumstances  of  such  families  who  are  un;ible  to  help  themselves; 
in  doing  of  which  you  are  to  be  particularly  cautious  ihat  the  effects  of 
such  Families  be  kept  as  Compact,  &  with  as  much  Safety  as  possible. 
You  will  Continue  in  Service  twelve  days  from  the  :^"2'^  of  this  Instant, 
or  more  if  3'ou  tind  it  Necessary  unless  you  shall  Receive  Counter  orders 
from  this  "Board.  Those  who  give  their  assistants  in  Removing  the 
Families  will  be  Supplied  with  i)rovisions  by  such  Families  until  Pro- 
visions arives  for  those  Troops  (as  well  as  for  the  Corps  under  Capt. 
Aliens  Command)  which  is  now  on  the  way. 

By  order  of  Gov'"-  &  Council,  M.  Lyon.  D.  Secv- 

To  Capt.  N.  Smith. 


State  of  Vermont.     In  Council.  Arlington,  A))!-  2")  1778. 

The  Debenture  of  Council. 

IT^)n"i<' .Joseph  Bowker  £4  19  0 

do      Thim"-  Brownson  5     5  0 

do      Moses  Robinson  5  10  0 

do      Jonas  Fay  6  11  0 

do      Jeremiah  Clark,  3     7  0 
M.  Lyon  D.  Sec'5-  5  days. 

M.  Lyon,  D.  Sec'y- 

Arlington,  25  April  1778.  ? 
State  of  Vermont.     In  Council  date  above.         f 
Peter  R  iberts  Commissioner  of  Sequestration    is   desired    to   Allow 
Ephraim  Mallery  to  Live  one  Month  in  the  house  formerly  his  property. 


256         Groverrior  and  Council — April  20  to  May  1,  1778. 

Arlington,  April  27"'  1778. 

Dear  Sir, — Yours  of  yesterday's  date  is  now  on  the  Table,  in  which 
you  inform  of  the  Rec*-  of  the  order  sent  yov;  from  this  Council,  in  which 
you  talk  of  difficulty  and  impossibilities.  1  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 
Rec^  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  rec"!  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  Chittendkn. 

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  M""- 
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  mav  be.  the  money  to  be  paid  to  M""-  Sprague  & 
Ml"-  Smith  is  for  Travel  to  Bennington  &  Giving  Evidence  against 
sd  Lewis.        By  order  of  Governor  &  Council,        M.  Lyon,  D.  Sec'^- 

[April]  28. 
Capt.  Ebenezer  Wallis,  L*-  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,      f 
Sir, — Your  Letter  of  the  3'''  Instant  was  Delivi  me  the  4^1'-     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 
JL      of  men  ordered  by  the  General  Assembly  of  this  State  for  Recruiting 
T^      Colo-  Warners  Regiment.     I  have  now  before  [me]  Genera]  Gates  Let- 
ter of  the  18  instant  earnestly  requesting  me  to  Draft  three  hundred  men 
to  Recruit  Col^-  Warner's  Regiment,  &  that  nothing  might  retard  their 


(xovernor  and  Council — April  20  to  May  1,  1778.         257 

immeadiate  joining  him  wlien  they  would  receive  General  Starks  onh^rs 
who  Commands  in  this  department  under  the  Direction  of  General 
Gates.  I  immagine  [this]  was  in  consequence  of  inteligence  he  had  pri- 
vately rec^*-  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  Conipleated  and  have  been  Some  time  in  Ser- 
vice at  Rutland  under  the  Command  of  Captain  Brownson  with  jiart  of 
Colo-  Warners  Regiment. 

Col"-  Olcott  writes  that  should  he  attempt  to  Draught  the  number 
ordered  from  his  Regiment,  they  would  Hlngage  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  »fe  that 
Col"-  Beedel  cannot  be  Ignorant  that  he  has  no  Right  to  Countenance 
such  a  measure.  I  have  wrote  General  Stark  on  th(>  Suliject  of  raising 
the  men  agreeable  to  General  Gates  request  who  much  a|)iii-oves  the 
measure,  &  earnestly  urges  an  immeadiate  comitliance.  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  numl)er  more 
soon — who  has  Communicated  it  to  General  Gates.  1  am  Satisfied  by 
repeated  marks  of  friendship  &  the  Inteligencre  rec''  by  Col"-  Allen  (who 
is  now  present.)  that  no  ill  is  likely  to  hap])en  to  this  State  by  authority 
of  Congress. 

I  hope  to  have  the  Hajipiness  of  Your  Company  next  week  with  the 
other  Gentlemen  of  the  Council,  &  I  am  Sir, 

Your  mos  Ob*-  Hum'^'e  Servant,        Thqs-  Chittenden. 

M.  Gen^  Marsh} 

Attest,  M.  Lyon,  D.  Sec''J- 


Arlington  it  May  1778. 

The  Debenture  of  Council. 

Hon^'i  ■  Joseph  Bowker,  Esqf. 
H(m'Jic  Tim"-  Brownson,  Esq'"- 
Honi^ie  Jeremiah  Clark,  Esq'"- 

M.  Lyon  D  Sec's'-  5  days. 


£4     4 

0 

.S  13 

6 

5     9 

0 

^  Col.  Timothy  Bedel  of  New  Hampshire. 

^  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   THK 

ADJOURNED  SESSION  AT  ARLINGTON,   MAY  22-3,   1778. 


■  Arlington  22J  May,  1778. 

Dear  Sir,— In  consequence  of  a  Letter  reed  last  Evening  from  Major 
Genernl  Gates  dated  Fishkil  the  IS  Instant,  requesting  me  to  draft  lin-ee 
hundred  men  to  recruit  Colo  AVarners  Regiment,  I  have  called  my  Coun- 
cil Together  this  morning  for  their  advicf  in  the  matter.  The  General 
Assemhly  of  this  State  at  their  Sitting  in  March  last,  ordered  300  men 
exclusive  of  othcers  to  be  raised  for  seven  months  service  to  join  Col" 
Warner's  Regim*'  the  I''  Instant.  The  quoto  assigned  the  west  side  the 
mountain,  l)eing  one  hundred  &  fifteen,  are  compleated  and  now  act- 
ing in  Conjunction  with  40  men  of  Col'>  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  wliich  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  Inst  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."  Sliould  Major  General  Gates  mean  to  have  the  Troops 
already  raised  Marched  to  Albany,  the  Inhabitants  on  the  Northern 
I'^rontiei's  cannot  be  prevailed  upon  to  remain  in  their  Inhalntations. 
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  D'"-  Sir  your  honor's  most 

Obedient  Hum'^''^  Servant, 

Thomas  Chittenden. 

P.  S.  I  am  informed  that  Col"-  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  ofN.  Haven  & 
Ferrisburgh,  applies  to  this  Council  for  liberty  for  those  Inhabitants  to 
remain  in  their  possessions  at  ]")resent  as  liy  reason  of  the  Situation  of 
someof  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  soldics  Plundering  the  Inhabitants. 
I  am  with  regard  your  Hum'''*'  Serv*' 

Thomas  Chittenden. 
Ca])t.  Gideon  Brownson. 

State  of  Vermont.    In  Council,  Arlington  22^  May  1778. 

Dear  General. — I  am  informed  by  thebearer  hereof  Capt.  Putnam  (who 
acts  in  the  Capacity  of  quarter-mastei-)  that  there  is  no  Supplies  of  money 
in  his  hands  to  enable  him  to  forward  provisions  to  the  Troops  in  the 


G-overnor  and  Covncil — May  28,  1778. 


259 


Northern  frontiprs  ;  and'as  it  is  of  Necessity  that  such  provisions  be  con- 
veyed to  the  Troojis.  I  therefore  beg  your  honors  nssistnnts  in  furnishing 
money  for  that  purpose. 

I  am  Dear  General  your  most  Ob'  Iluni'^''  Serv'- 

Tho:\ias  Ciiittknden. 
Brigadier  Gen'-  Stark. 

State  of  Ver^font.     In  Council.  Arlington  May  23''-  177.S. 

The  Debenture  of  Council  as  follows,  viz'- 
Hon'J'e  Moses  Robinson,  Esq""-  £2 

Hon'''f  Timothy  Hrownson,  Esq''-  1 

non'"«  Jonas  Fay.  Esq'-  1 

Hon'^'e  Jeremiah  Clark,  Esq''-  4 

Matthew  Lyon,  D.  Sec'?-  1  Day  &  half 


7 

0 

2 

0 

17 

0 

0 

0 

RECORD  OF  THE  GOVERNOR  AND  COUNCIL, 

at  the 
ADJOURNED  SESSION  AT  ARLINGTON,    MAY  28,  177S. 


Arlington,  28  May  1778. 
Names  of  the  Officers  of  the  2'^'  Beef-  of  the  Militia  of  this  State. 
Colonel  Samuel  Herrick. 
L'-  Colonel  Ebenezer  Walbridge. 
Major  Gideon  Olin. 
Adjutant  Joseph  Fay. 
Q.  Master  John  Burnham. 
1^'  Company  in  Bennington.  2'''  Comv-  Benniyigton. 

Capt.  Samuel  Robinson.  Capt.  Wm.  Hutchins. 

1  L'-  Gideon  Spencer.  1*  L*-  N.  Filmore.' 

2"  Lt-  2'^i  Lt-  Joseph  Ruder.=' 

Ens'!  Joseph  Hinesdel.  Ens"  Lib  Armstrong. 


V  Com'J  in  Shaftsbury. 
Capt.  Abiather  WaUh). 
Lt. 
Ensign  John  Sunderland. 


1'^  Corny  in  Poionall. 

Capt. 
Lt 

Capt. 
Lt. 

Ensign 

Ens" 

2'^  Corny-  in  Shaftsbury. 
Capt.  Jonas  Galusha. 
Lt-  Gid"  Lyon. 
Ens"  Natlmn  Stone. 

2^  Corny  in  Pownall. 


Arlington  \_Company.'\ 
Capt.  Eben''-  Wallace. 
Lt-  Thomas  Butterlield. 
Ensififn  James  Hawlev. 


Sunderland  Corny- 
Capt.  Daniel  Comstock. 
L'-  Eli  Hrownson. 


*  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  5""  Regiment  of  this  State. 

Co]"-  Gideon   Warren. 
Lt-  Col"-  James  Claghorn. 
Major  Nathan  Smith. 
Adjutant  Jon^-  Saxton. 
Q.  Master  George  Foot. 


1'^'  Corny-  Manchester. 
Capt.  Gideon  Ormsby. 
Lieut-  Solomon  Soper. 
Ens"  William  Saxton. 

3'^  Comv-  Reuperte. 
Cai)t.  Tapan  Noble. 
Lt-  Enoch  Eastman. 
Ens"  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. 
L*-  Abel  Meriman. 
Ens"-  Zaceheus  Malery. 

1.3  Company  Castleton. 
Capt.  Ephraim  Buel. 
U-  Israel  Hulbert. 
Ens"  Gershom  Lake. 

1.5  Company  Wallingford. 
L*-  Abram  Ives. 
Ens"-  Abraham  Jackson. 

In  Council  Arlington  28  May  1778. 

To  Capt.  Jesse  Sawyer: — You  are  hereby  directed  to  Engage  five  Sol- 
diers to  go  with  you  in  Searcli  of  Enimical  persons  to  the  North  of  this 
such  places  as  you  sliall  tliink  proper,  &  make  returns  of  your  proceed- 
ings within  six  days  to  this  Council.  Tnos.  Chittenden,  Gov'''^- 

Attest,    M.  Lyon,  D.  Secv- 

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 Frencli  late  of  Manchester  (now  in  armes  with  the  Enemy,)  is 
very  turbulent  &  Troublesome  where  she  now  is,  &  refuses  to  obey  or- 
ders— 


2  Company  Dorset. 
Capt.  A!n-aham  Underbill. 
Lt-  Richard  Dunning. 
Ens"  Ephraim  Reynolds. 

4  Company  Tinmouth. 
Capt.  John  Spafford. 
L*-  Samuel  Allen. 
Ens"  Orange  Train. 

6  Company  Pawlet. 
Capt.  John  Stark. 
Lt-  Samuel  Willard. 
Ens"-  Joel  Harmon. 

8  Company  Ponltney. 
Capt.  Zebediah  Dewey. 
Lt-  James  Brookings. 
Ens"-  Wm.  Ward. 

10  Company  Rutland. 

Capt. 

Lt 

Ens"- 

12  Company  Danhy. 
Capt.  Stephen  Corkins. 
Lt-  Isaac  Guage. 
Ens"-  Thomas  Rowley. 

14  Company  Neshoba. 
Capt.  Thomas  Tuttle. 
Lt-  Nathan  Daniels. 
Ens"-  Amos  Cuttler. 

16  Company  Sandgate. 
Capt. 


Grovernor  and  Council — June,  1778.  261 

To  M"-  Stephen  Washburn: 

Sir,— You  are  hereby  Couimaiuled  to  Take  said  Woman  and  lier 
children  that  are  now  in  Manchester  &  Transjjort  tliein  to  IIead-(inar- 
ters  at  Rutland  &  there  diliver  them  to  the  commanding  otlicer  who  will 
order  a  party  of  the  men  under  his  command  to  transport  A:  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  jiroperty  of  s''-  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  Cuj),  & 
knives  &  forks  if  she  has  such  things,  her  own  &  her  childrens  Wearing 
apjiarril.  The  rest  of  the  moveables  belonging  to  s''-  Estate  you  will 
sell  to  the  best  advantage  in  order  to  Defray  the  charge  of  Transporta- 
tion of  her  &  family.  You  will  keep  exact  acct*-  &  the  overplus  you  will 
pay  to  the  Treasurer  of  this  State. 

By  order  of  Gov""-  &  Council,  M.  Lyox,  D.  Sec'v- 


RECORD  OF  THE  GOVERNOR,  DEPUTY  GOVERNOR,  AND  CODNCIL 

AT  THE 

ADJOURNED    SESSIOK  OF   THE   GE:N^ERAL    ASSEMBLY 
At  Bennington,  June,  1778. 


Bennington  4  June  1778,  ) 

State  of  Vermont.    In  Council,  date  above.  C 
To  Benjamin  Fay^  Esq^-^  Sheriff  of  the  Count}/  of  Bennington. 

This  Council  have  taken  into  consideration  this  day  the  within  peti- 
tion of  David  Redding  now  a  ])risouer  under  a  sentance  of  Death,  &  do 
hereby  in  consequence.  Reprieve  him  the  said  David  Redding  until 
thursday  next  the  ll^'i  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,  Tho''-  Chittenden. 


State  of  Vermont.    In  Council,  June  5"'  1778. 

Sir, — Yours  of  this  day  date,  have  rec^-  In  answer  thereto  would  in- 
form you,  that  Redding  did  jietition  the  General  Assembly  of  this  State 
for  a  Rehearing  in  as  nuich  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  s"^'  Redding  from  being  executed  until  Thursday  next 
2  "Clock  in  the  afternoon.  This  Council  do  not  Doubt  in  the  Least  but 
that  the  s<i  Redding  will  have  Justice  done  him  to  the  satisfaction  of  the 
public.  By  order  of  Gov.  &  Council 

Tnos-  Chandler,  Jur-  Sec'y- 

Col°-  Samuel  Herrick. 


262  Grovernor  and  Council — June,  1778. 

State  of  Vermont.     [Bennington]  June  6  1778. 
^'jr, — You  are  hereby  ordered  &  directed  forthwith,  to  furnish  a  Guard 
of  Ten  eftective  men,  one  Sergeant,  one  Corporal  &.  eight  privates  with 
Amies  &  ammunition  Compleat  to  Guard  the  stores  &  prisoners  in  s^- 
Bennington,  to  remain  in  service  one  week  unless  sooner  discharged. 
By  order  of  GoV-  &  Council,         Tiios-  Chandler,  Ju»-  <Sec'y- 

Bennington  6  June  1778. 
Sir^ — You  are  hereby  required  to  furnish  four  efiective  men  of  your 
Re.'^t-  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  fi'om  this  Board. 

By  order  of  GoV-  &  Council,        Tiio**-  Chandler,  Ju^- ^'ec's'- ^ 

Bennington  8  June  1778.         ) 
State  of  Vermont.    In  Council  date  above.  | 
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  wtth  Capt.  Ebenezer  Allen.     Choose  Col"-  Rob- 
inson &  Doct.  Spooner  for  said  Committee. 

June  9t'i- 

Voted  to  choose  a  Committee  to  Draw  a  Congratulatory  letter  to  Col"- 
Ethan  Allen'  on  his  arrival  from  Captivity.  Choose  Doct.  Jonas  Fay 
Esq''-  &  Col"-  Moses  Robinson  Esq'-  for  said  Committee. 


'  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  Bedding'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. 

^The  birth  of  Ethan  Allen  at  Litchfield,  Conn.,  Jan.  10,  1737-8;  his 
coming  to  Vermont  about  17(56;  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,  178'J,*  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 — Jtine,  1778.  263 

[June]  9. 
Resolved  that  Colonel  Ethan  Allen  be  &  is  liereby  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  mouths  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  militai'y  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  E'ew  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  aflair  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 
Alien  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.  Sac.  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  Gov""-  &  Council, 

Thomas  Chandler,  Ju""-  Secy-^ 

Voted  to  Choose  a  Committee  to  Examine  tlie  acct^-  of  Docf-  Nath'- 
Dicl^enson.  Chose  Docf-  Jonas  Fay  &  Docf-  Paul  Spooner  for  said 
Committee.  Thomas  Chandlkr  Ju^-    Sec'-^- 


Bknnington,  12  June  1778.  ) 
State  of  Vermont.  In  Council  date  above.  \ 
Resolved  that  Col"-  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,^  or  otherwise  give  him  or  them 
a  Rec*-  for  the  Same. 

By  order  of  Council,         Thos-  Chandler,  Jui"-.  Sec'^-^ 

icy  at  the  same  time,  and  these  he  defended  by  his  pen.  And  finally,  in 
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  llth.^iState  Papers,  269;  Vermont  Historical 
Magazine,  vol  i.  p.  2.34. 

2 Thus  on  the  record,  the  words  "from  whom  he  shall  receive  such 
grain"  being  repeated. 

^Erom  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- 

*rt.  Hist.  Sac.  Coll.,  pp.  419,  420. 


Crovernor  and  Council — June^  1778.  265 

We  the  Committee  appointed  by  Tlie  Honorable  House  of  Represent- 
atives of  the  State  of  Vermont  to  Consider  the  petition  of  M'"-  John  Can- 
non, liave  dilivcred  '  have  deliberated  thereon,  and  beg  leave  to  oiler  our 
opinions  as  follows  viz'-  that  by  all  liiat  appears  to  us  our  said  petitioner 
is  an  honest  man,  a  very  Great  SulYerer  and  a  proper  object  of  charita- 
ble redress,  &  ought  in  Justice  to  have  some  immediate  helj)  for  the  re- 
lief of  his  suffering  family,  but  as  we  are  unacquainted  with  the  cost  he 
hath  been  at  and  bow  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  acc(Mnplished  to  affix  an  adequate  do- 
nation to  him  for  bis  misfortunes,  and  make  report  to  our  next  Sessions, 
at  the  same  time  Recommend  that  he  have  Twenty  pounds  paid  him  (Hit 
of  the  Treasury  of  this  State  for  the  relief  of  his  present  necessity. 

Bennington,  June  12,  177S. 

By  order,  Bexjamin  Baldwin,  Clerk. 

To  his  Excellency  &  Council." 

State  of  Vermont,  In  Council  12ti'  June  1778. 
Dear  Sir, — Your  fiavor  of  the  14">  May  is  now  before  me,  and  1  cannot 
but  return  you  my  thanks  for  the  friendly  sentiments  and  Communica- 
tions therein  expressed.  1  have  rec^'-  intelligence,  that  General  Gates 
has  ordered  all  the  Continental  Troops  at  Albany  to  repair  to  his  camp, 
agreeable  to  which  they  have  already  jSIarched,  b}'  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  Parlies  thereby  to  divert  our  attention,  and  as  covering 
the  Grants  on  this  side  is  a  Grand  Securit}-  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  17^2.  The  interview  failed 
because  Bedel  said  he  was  watched.  He  was  one  of  the  Vermont  Board 
of  War  in  1781. — Records  of  the  Eevoluiionary  War;  Vt.  Hist.  Soc.  Coll., 
vol.  II,  pp.  48,  267,  273. 

^  The  words  "  have  dilivered  "  have  no  sense  here. 

*  Section  eighteen  of  the  Plan  or  Frame  of  Governmant  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  ujion  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  Avas  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  according!)',  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  tlie  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  D'"-  Sir  your  Humble  Servant,  T.  Chittenden. 

N.  B.  Should  be  Glad  you  would  give  the  Enrliest  notice  of  your 
compliance  or  non  compliance  with  the  above  request. 

Col°-  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  Hum'^ie  Serv*'  Tho^-  Chittenden. 

To  Mr.  John  Burnham. 

Bennington  1.3  June  1778.      f 
State  of  Vermont.    In  Council,  j^ 

Sir, — You  are  hereby  Commanded  to  Cause  to  be  immeadiately 
Draughted  in  3'our  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  Ob*-  Servant, 

ThqS-  Chittenden. 
Col°-  Samuel  Fletcher. 

[June]  13. 
Sir, — Inclosed  you  have  my  particular  order  for  Draughting  seventy 
three  men  from  your  Regiment.  I  have  rec"-  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  prisiouers.  As  it  is  deuendcd  on,  that  [theyj  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- 

'  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  innneadiate  Eelief. 

I  am  Sir  3our  Hum'^i''  Servant, 

TiiQS-  Chittenden,  Capt.  G^- 
Col"-  Fletcher. 

State  of  VEr.:MONT.    In  Couxcil,  Bennington  13  June  177S. 
Sir, — Please  to  Diliver  the  Bearer  M'"-  Jesse  Belknap  Ten  pounds  of 
Powder  for  the  use  of  the  Militia  in  Castleton. 

Thomas  Chittenden. 
To  M'"'  William  Sherman,  Commissary,  Bennington. 

[June]  13. 
To  Col"-  Gideon  Warren  of  the  o'''  Begiment  in  this  State  : 

Sir,  —  lT\  pursuance  of  advice  of  Council  &  General  Assembly  of  this 
State,  you  are  hereby  ordered  to  Diaughl  27  good  effective  men  out  of 
your  Hegiment,  to  be  draughted  out  of  the  Towns  of  Dorset,  Kupert, 
Sandgale  &  Manchester.  &  one  Capt.  to  command  them,  who  will  be 
joined  to  one  hundred  men  from  Col"-  Herricks  Regiment  &  commanded 
by  Col"-  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  D»'  Sir  yours, 

Thomas  Chittenden,  Capt.  Gen'- 
N.  B.     By  Computation  the  above  number  of  27  men  amounts  to  every 
6tii  man.  T.  Chittenden. 


State  of  Vermont.    In  Council,  Bennington  13  June  1778. 
To  Samuel  Herrick  Esq^'-  Col°-  of  the  2'^  Begiment  in  this  State  : 

In  pursuance  to  the  advice  of  Council  &  the  General  Assembly  of  this 
State,  you  are  hereby  ordered  to  Drauglit  one  hundred  and  one  effective 
men  out  of  your  Regiment  (it  being  one  sixtii  part  of  the  JNIililia)  pro- 
perl}'  officered,  and  either  Take  the  Command  of  them  or  order  your  L*- 
Col"-  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  tlie  Ground  20  Days,  unless  sooner  discharged.  You  will 
take  under  your  Command  apart  of  the  Militia  in  Col"- Warrens  regi- 
ment amounting  to  27  men.  I  am  Sir  yours, 

Tiios-  Chittenden,  CajU.  Gen'- 

P.  S. — The  men  Draughted  from  this  Town  «&Pownal.  Haifa  pound  of 
Powder  &  Two  pounds  of  Lead  or  Ball  will  be  drawn  out  of  the  Store  in 
this  town.     [For  each  man.]  ^ 


State  of  Vekmont.    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,- arc  now  in  the  hands  of 

*From  the  Assembly  Journal: 

June  13. — Voted,  that  Maj»"-  [Gideon]  01  in  apply  to  the  Governor  and 
Council  for  directions  relative  to  the  support  of  Tory  families,  for  the 
future. 

^  John  Peters  was  doubly  distasteful  to  Vermonters  as  a  "  Yorker" 
and  a  Tory.  He  resided  in  Mooretown  [Bradford,]  and  was  moderator  of 
the  first  town-meeting  of  which  the  record  has  been  preserved.      He 


2G8  Governor  and  Council — June,  1778. 

the  Committee  [ofSnfety]  of  Orford,  «&  Whereas  we  have  understood  that 
they  are  Willin.i?  to  Diliver  s^'  eti'ects  to  any  Person  properly  authorized 
to  receive  the  Same,  AVedo  therefore  constitute  &  appoint  Jacob  Bayley 
Esq'"-  Commissioner  to  receive  tlie  same  in  belialf  of  this  and  the  United 
States  of  America,  &  give  his  Rec^-  therefor,  &  Allow  a  reasonable  Com- 
pensation to  said  Conimittee  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 
next.  By  order  of  the  Gov-  &  Council, 

Thomas  Chandler,  Ju^-'  SSec'v- 

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,  beset 
out  with  judge  John  Taplin  and  sheritf  John  Taplin  jr.,  [afterwai'd 
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  26ti'  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.  ir,)  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- 
grapMcal  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  l^ieutenant  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^  177'8.  269 

State  of  Vermont.     In  Council,  Bennington  16  June  1778. 
To  Mr.  Samuel  Tuhbs  : 

Sir, — Pui-suant  to  an  order  of  the  General  Assembly  of  this  State 
bearini^:  date  tlie  15  of  this  Instant,  you  are  hereby  required  to  diliver 
unto  Docf-  Jacob  Roback  the  Cow  tliat  you  have  in  your  possession 
whieli  beh)n2:s  to  this  State,  and  you  are  to  come  and  settle  your  accts. 
relative  to  s^' Cow  with  this  Council,  &  s'l  Docf-  Ruback  is  to  have  the 
use  of  said  Cow  during  the  pleasure  of  said  Council. 
By  order  of  Gov-  &  Council, 

Tiio*-  Chandler,  Ju""-.  Sec'^- 

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  Cfi])t.  Robinson  Twenty-seven 
pounds  of  Powder,  &  one  hundred  &  eiffht  pounds  of  Lead,  it  being  to 
Supply  54  of  the  Militia  (now  under  Marchiui;  orders)  with  Each  1  lb. 
Powler  &  Two  of  Lead.     Your  Compliance  will  Oblidge  Sir  yours. 

TII03IAS  Chittenden,  Ca^jt.  Gen'- 

An  order  given  To  Timothy  Moss  in  favour  of  the  Town  of  Wells  for 
12  U).  Powder,  21  lb.  Lead  and  24  tiints,  on  th(;  above  Commiss£uy. 
The  above  order  returned  not  comi)lied  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  s^'-  Stores  to 
Rutland.  Thomas  Chittenden,  Capt.  Gen^- 

To  Capt.  Sam'-  Robinson. 

State  of  Vermont.  In  Council  Bennington  June  1778. 
Upon  the  petition  of  Lurania  McClane  Praying  to  be  discharijcd  from 
her  Late  Husband  John  McLane  for  certain  reasons  Mentione'tl  in  her 
said  petition,  as  by  s''-  Petition  on  tile  may  appear,  he  the  sf^-  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  s<J-  Lurania  of 
Right  ought  to  be  discharged  from  the  s''-  John  McClane  &  he  is  hereby 
Divorced,  and  therefore  Resolve  and  declare  that  the  s'l-  Lurania  be  dis- 
charged from  him  the  s''-  John  McClane,  &  that  she  has  a  Good  &  Law- 
ful Right  to  Mairy  to  another  man.' 

By  order  of  the  Gov'"-  &  Council,        Tho**-  Chandler,  Ju'"-.  Sec'':'- 

State  of  Vermont.    In  Council  17  June  1778. 
To  the  Hon'''e  General  Assembh/  of  the  Representatices  of  the  freemen  of 

said  State:- 
AVe  the  subscribers  by  your  honors  appointed  a  Committee  to  exam- 
ine into  the  Justice  of  the  Petition  of  William  Llaviland  bearing'date 

'  The  first  Vermont  statute  on  divorce  of  which  there  is  any  record  is 
the  act  of  February  177!J.     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  8^11  177S  beg  Leave  to  Report  to  your  honors  that  it  he  our  opin- 
ion according;  to'' the  Evidence  proved  both  for  &  against  the  said 
William  Ilavriand  that  the  said  William  have  one  half  of  the  Grist  Mill 
&  one  half  the  Mill  Stones  that  are  near  s^-  Mills,  &  one  third  of  the  Saw 
mill,  half  of  the  Land  he  purchased  of  Sergt-  Henry  Walbridge  Exclu- 
sive'of  What  Mr.  Snge  Bought  of  Joseph  &  William  Haviland,  &  this 
State  clear  John  Philips  from  the  premises,  &  pay  the  said  William  forty 
pounds  Lawful  Monev,  &  that  William  Haviland  &  Moses  Sage  pay  the 
Workman,  Mr.  llogeVs,  their  proper  Share  of  the  note  given  to  said 
Rogers  for  the  money  due  to  him  for  building  s<i  Mill. 

^  Simeon  Hathaway,  ) 

Samuel  Eobikson,    >•  Committee. 
Jonathan  Waldo,   ) 

Cost  of  Committee  ) 

Setting  £4  10  0.      f 

State  of  Vermont.    In  Council,  Bennington  June  17  1778. 
To  {Lieut.']  Col°-  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,  bv  the  Eeport'of  the  Committee  chosen  for  to  settle 
that  afiair,  &  Also  to  make  a  deed  to  this  State,  of  one  half  of  the  remain- 
ins  part  of  the  Laud  improvements  &  Lands.  You  are  also  impowered 
anTl  directed  on  your  Tendering  the  money  according  to  a  former  Judg- 
ment of  the  Grand  Committee  so  called  Ho  Dispossess  John  Philips  that  is 
now  on  the  premises  on  the  first  day  of  Xovember  next. 

By  order  of  Council,  Thomas  Chittenden,  GoV- 


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. 

'  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  Assembl}^,  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 

In  Council,  Bennington  June  17,  1778. 
To  Nathaniel  Rohinsnn^  Esq''-: 

You  are  hereby  Authorized  &  Impowercd  to  settle  with  the  Commit- 
tee ajjpointed  by  a  former  County  Committee  in  the  County  of  Cumber- 
land to  Lease  the  estate  of  Crean  JBrusli  (who  is  desertc(l  over  to  the 
Enemy)  and  after  allowimr  them  a  reasonal)le  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  Gov-  &  Council, 

Thomas  Chandler,  Ju>'  6'ecV. 


State  of  Vermont.     In  Council,  Bennington  18  June  1778. 
Whereas  it  has  been  represented  to  this  Council  that  divers  Books  & 
other  effects  (formerly  the  properly  of  Creau  Brush'  &  others  now  with 

'Crean  Brush  was  another  of  the  notorious  "Yorkers  "  and  Tories 
who  resided  for  some  time  in  eastern  Vermont.  He  was  born  in  Dub- 
lin, Ireland,  about  1725,  was  educated  for  the  bai%  but  held  a  military 
office  previous  to  his  coming  to  America,  (New  York  city,)  about  1702. 
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  tirst  employed  by  the  deputy  secretar}'  of  the  prov- 
ince of  New  York,  Goldsbrow  Banyar,  and  in  1761  was  licensed  as  an 
attorney  in  all  the  king's  courts  in  the  pi'ovince.  It  is  supposed  he  be- 
came associated  in  this  pi'ofession  with  John  Kelly,  who  also  figured  in 
the  Vermont  rscords.  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.  H.  Grants. 
He  wrote  much  for  Ilivington's  Gazette,  the  tory  organ  in  New  York 
city,  and  his  notoriety  as  a  partisan  scribbler  was  recognized  in  Trum- 
bull's McFimjal: 

Had  I  the  Poet's  brazen  lungs,  . 
As  sound-board  to  his  hundred  tongues, 
I  could  not  half  the  scribblers  muster 
That  swarm  round  Kiviugton  in  cluster; 
Assemblies,  councilmen,  forsooth; 
Brush.  Coopi'r,  Wilkins,  Ciiandler,  Booth; 
Yet  all  tlieir  arguments  and  sap'ence 
You  did  not  value  at  three  half-pence. 

Shortly  after  the  commencement  of  the  revolutionar}-  war,  Brush 
joined  Gen.  Gage  at  Boston,  who  emjjloyed  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,  1770,  he  wrote  a 


272  Governor  and  Council — June^  1778. 

the  Enemys  of  the  United  States  of  America)  are  now  in  Ihe  possession 
of  John  Church  Esq'--  of  Charleston  [Charlestown,  N.  H.,]  &  the  Widow 
Mary  Bellows  of  "VValpole,  [N.  H.,]  and  Whereas  we  have  understood 
that  they  are  Willinp:  to  deliver  said  etfects  to  any  person  properly  au- 
thorized to  receive  the  same,  We  do  therefore  constitute  and  appoint 
Paul  Spooner  Esq'"-  Commissioner  to  receive  the  same  in  hehalf  of  this 
&  the  United  States  of  America,  &  give  his  Rec*-  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. 

Thomas  Chandler,  Jur-,  Sec's'- 

Bennington  18  June  1778. 
To  U-  Col"-  Walbridge: 

Sir, — You  are  hereby  ordered  &  directed  to  Take  the  Command  of 
the  men  Draughted  from  Col"-  Herricks  liegiment  consisting  of  one 
hundred  ami  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  Cai)t.  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.     Wishinii  you  a  good  March  am  yours, 

THOS."^CniTTENDEN,    Capt.  G'- 
Col°-  Ebenezer  Walbridge. 


State  of  Vermont.    In  Council.  Bennington  18  June  1778. 

Voted  that  Duct^"  Jonas  Fay,  Col"-  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  jiresent  Council 
&  house  of  Representatives,)  and  put  them  in  Regular  order,  and  Record 
them  in  Books  for  that  purpose.  2'^  Voted  that  the}'  be  empowered  to 
settle  with  the  several  Commiss'"«  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,  Ctou'''- 

To  the  Commissary  of  Issues,  Benninyton. 

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  escajDC  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  i)istol,  besmeared  the  Room 
with  his  Brains." — Eastern  Vermont,  pp.  603-633. 


Governor  and  Council — July,  August.,  1778.  273 

RECORD  OF  THE  OOVERNOR  AND  COUNCIL 

AT    A 
SPECIAL  SESSIONS  AT  AKLINGTON.  JULY  17  TO  SEPI".  30.  177S. 


Arlington,  17  .July  1778.         ) 
Statk  of  Vkkmont.    In  Council,  date  above.     \ 

This  Cdunt-il  liavin^-  Taken  into  their  Considerntion  the  Petition  ot 
the  Inhabitants  of  Shaftsbury  Prefered  by  Bliss  Will(iuijhl)y,  as  also 
the  ])etition  of  the  Inhabitanis  of  Benninijton  Prefei'ed  by  Capt.  Jolin 
Fassett,  settini^  forth  tlie  disetfection  of  tlie  minds  of  the  Petitioners  oc- 
casioned by  till'  appointment  of  a,  certain  number  of  Commissioners  by 
the  Geneial  Assembly  of  this  State,  at  the  last  Session  in  .June  last,  i& 
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  jietitions  &  Instructions  or  a(;t,' 

And  do  thereupon  Resolve,  that  it  be  &  is  hereby  Recommended  to  tlie 
said  Commissioners  for  the  County  of  Bennington  to  dissist  from  an}' 
farther  Prosecutions  by  virtue  of  such  appointment  until  the  Rising  of 
the  Sessions  of  Assembly  in  October  next,  unless  neciissity  in  some  par- 
ticular Instance  or  Instances  should  urge  this  Council  (before  that  lime) 
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. 

By  order  of  Council, 

M.  Lyox,  D.  Sec'i^-  Tiio^-  Chittenden. 


Arlington,  July  18  1778.  ) 
State  of  Vermont.  In  Council,  date  above.  {" 
Resolved  that  James  Breakeniidije,  Ebenezer  Cole  &  John  McXeil,  on 
Petition  be  &  are  hereby  Required  [reprieved]  from  their  several  senten- 
ces of  Banishment  passed  on  them  by  the  Hon'^'*^  Court  of  Commission- 
ers appointed  for  that  purpose  by  the  General  Assembly  of  this  State,  un- 
til the  first  day  of  September  next. 

By  advice  of  Council, 
M.  Lyon,  D.  Sec'J-  Tho~^-  Chittenden. 


In  Council,  Arlington  22  Aug'-  1778. 

Resolved  that  Jonas  Fay,   Benjamin  Carpenter  &  Ira  Allen  Esq''*  be 

appointed  a  Committee,  (&  they  or  any  two  of  them  are  hereby  appointed 

&  Killv  authoriz.",d  to   Adjust  and  Settle  all  the  pay  Rolls  in   Col"-  AVil- 

liam  William^   Regi^of  Militia  tor  all  past  Services,  when  this  State  have 

*No  record  of  any  act  authorizing  "Commissioners"  for  such  purpose 
is  found  in  the  Assembly  journal  for  the  June  session  ;  but  "Col"'-  Peter 
Olcott,  Bezaleel  Woodward  Es(j'"  -  Maj'"  Griswold,  Patterson  Piermont 
Esq*"- and  Maji'  Tyler"'  were  appointed  "' Judges  of  the  Superior  Court 
for  the  banishment  of  lories"  June  18  1778.  Perhaps  this  court  was 
authorized  to  appoint  "  Commissioners"  in  evei*y  section  of  the  State. 


274         Governor  and  Council— Aug.  29  to  Sept.  30,  1778 

Resolved  to  give  some  ])ay,  in  addition  to  their  Continental  pay.  They 
are  also  authorized  to  adjust  &  settle  Capt.  Levi  Goodenoughs  Pay  Rolls 
for  his  services  in  L^-  Col"- Samuel  Herricks  Regt  of  Rangers  in  the  year 
1777,  ife  the  Treasurer  is  hereby  directed  to  pay  the  several  Ballances  that 
may  be  due  on  the  same. 

By  order  of  Council, 

Tiio^-  Chittenden,  Gov'^- 


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  Avithin  the  Enemies  Lines 
by  the  Court  of  Commissioners  for  that  purpose  ;  &  for  certain  reasons 
have  been  reprieved  until  the  1'  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, 

Thqs-  Chittenden,  Gov^- 


State  of  Vermoxt.     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  ]>ennington  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  1*  day  of  Decem- 
ber next  (inclusive)  unless  sooner  discharged. 

Thomas  Chittenden,  Ca2)t.  Gen^- 
To  Col°-  Sami-  Herrick. 

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  Els  worth  as  Q.  Master,  dated  May 
li  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 
requesti'd  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  Chtttenden,  Williston,  Governor. 
Joseph  Maksh,  Hartfdicl.   Lieutenant-Governor. 


COUNCILLORS: 

JosKPH  BoAVKEi;.  Rudiind, 

Jacob  Bailey,  Newbury, 

Peter  Olcott,  Norwii-h, 

Paul  Spooler,  Hartland, 

TniOTHY  Brownson,  Sunderland, 

Jonas  Fay,  Bennington, 

Benjamin  Carpenter,  Guilford, 

Joseph  Fay,  Bennington,  Secretary.- 
Matthew  Lyon,  Arlington,  Deputy-Secretary 


Moses  Robinson,  Bennington. 
Jeremiah  Clark,  Shaftsbury, 
Ira  Allen,  Colchester, 
Thomas  Murdock,  Norwich, 
Elisha  Payne,  Cardigan,  [N.H.] ' 
Benjamin  Emmons,  Woodstock.' 


BIOGRAPHICAL  NOTICE.' 

On  the  12th  of  March  1778,  a  committee,  representing  a  Convention 
previously  held  at  Hanover  N.  IL,  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- 

^Col.  Payne  declined  the  othce,  and  the  Council  appointed  Mr.  Em- 
mons to  fill  the  vacancy. 
2  Mr.  Fay  did  not  qualify  until  Nov.  24. 

*  For  notices  of  allthe  members  of  the  body,  except  Mr.  Payne  see 
ante,  pp.  115-12i),  190.  235-241. 

*That  part  of  Hanover  owned  by  Dartmouth  College.  The  above  list 
is  from  BelknapV  History  of  New  Hamjishire.,  and  it  seems  to  count  Dres- 
d'-n  in  the  place  of  Hanover.  The  fact  is,  hovvever,  that  Dresden  and 
Hanover  were  both  represented  in  the  Vermont  Assembly  of  October 
1778,  and  instead  of  "  sixteen"  New  Hampsliire  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. 

forcl,  Piermont,  Haverhill,  Bath,  Lyman,  Apthorp,  Enfield,  Canaan,  Cardi- 
gan, Landaif,  GnnthAvaite,  and  Morristown.  At  the  October  session  of  the 
General  Assembly,  1778,  Col.  Elisha  Payne  appeared  as  representa- 
tive from  the  town  of  Canlujan,  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  peo])le.  He  continued  to  act  as  a  member  of  the 
House,  however,  having  declined  to  accept  the  office  of  councillor.  The 
reason  undovibtedly  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  jiar- 
ticular  a  notice  of  Col.  Payne  would  not  be  given  here,  Avere  it  not  for 
the  facts  that  he  was  aftci-ward  a  member  of  the  l)ody  as  lieutenant-gov- 
ernor in  1781,  and  a  ]irominent  tigure  in  an  exceedingly  critical  period 
of  the  history  of  the  state.  The  estimate  put  upon  his  character  and 
aljilities  was  indicated  by  a  vote  of  tlie  Governor  and  Council,  March  20, 
1778.  when  Jonas  Fay  and  Joseph  Marsh  were  appointed  "Delegates 
to  AVait  on  the  nont"i<^  Continental  Congress.''  The  record  adds:  "Like- 
wise voted  to  invite  Col.  Elisha  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  Febiuary  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  nvunbered  the  towns,  there  were  sixteen  in  the  union,  and  the  Ver- 
mont records  correspond  to  that  enumeration. 

^  This  patent,  granted  March  9,  1(521,  and  Neav  H.\3IPSHIRE,  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  ( 'ourt  of  Massachusetts  fixed  the  most  northerly  part  of  the 
Merrimac  at  the  outlet  of  lake  Winnepiseogee. — See  Belknap's  JSfeiv 
Hampshire,  vol.  T,  p.  87.  This  fixed  the  western  boundary  of  the  Mason 
patent  on  the  river  at  the  present  town  of  Franklin  at  the  confluence  ot 
the  Winnepiseogee  and  Pemigewasset  rivers.  This  Convention  claimed, 
for  all  the  grantees  west  of  that  limit,  the  right  to  form  a  state  indepen- 
dent both  of  New  York  and  New  Hampshire. — See  Vt.  Hist.  iSoc.  Coll., 
vol.  ir,  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  Allkn  stated  that  this  committee  first 
aiireed  lo  report  in  favor  of  annexing  all  the  N<nv  Hampshire  Grants 
(the  territory  lying  between  Connecticut  river  and  Lake  Chami)lain.)  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,  nSl,  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.  Tlie  rep?-esentatives  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  Sei^tember  election,  17^1,  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  2Gth  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,  L*-  Governor,  liezaleel  Woodward, 
Esq!"-  General  Ethan  Allen.  John  Fassett,  [jr.,]  Esq.,  and  Matthew 
Lyon,  a  commiitee  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. 
Payxe  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,  sentquickly  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  Hampshii'e  Council  against  civil  war. — 
See  I.  Allen's  History,  in  Vt.  Hist.  ISoc.  Coll.,  vol.  i,  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  Kuth  wife  of  Capt.  Na- 

^  Vt.  Hist.  Soc.  Coll.,  vol.  I,  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.  Joseph  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  yeai's  papers  of  Col.  Payxe  were  in  the  possession  of  his 
grandson,  Col.  Elisha  Payne  Jewett  of  Montpelier,  by  w-hom  they  were 
given  to  the  late  Henky  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  I^ew  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  ISTumber  Four,"  [Charlestown,  IS".  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  oi'  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,  9"'  October  1778. 

Ilesolved  thnt  M""-  Matthew  Lyon  be  appointed  a  Secretary  Pro  Tem- 
pore until  Joseph  Fay  Esq>'-  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  otHce,  that  in  case  of  his  refusal  the  Va- 
cancv  thereby  occasioned  may  be  Supplied. 

[Oct.]  10.> 

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  Esq'"-  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.'' 
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.  Tern. 


State  of  Ver^iont.     In  Council,  Windsor  Oct.  15  1778. 

Zerul)abel  Mattisson  having  petitioned  for  a  Mitigation  of  a  line  of  one 

hundred  pounds  L.  money  which  said  Mattisson  was  lined  by  the  Si)ecial 

Court  for  the  county  of  Bennington  for  Enimical  Conduct  some  Time  in 

Last,  Resolved  that  fifty  pounds  of  s''  line  be  &  is  hereby  Remitted. 

*  From  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  ■22<'  August  last,  from  the  hon'^''-' 
Meshech  Weare  Esq»''  President  of  the  Council  of  New  Hampshire,  to 
his  Excellency  Governor  Chittenden. — See  Appendix  G. 

^The  Assembly  this  day  invited  the  Governor  and  Council  to  meet  iu 
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.]  lo. 
Robert  Johnson  appeared  before  this  Council  to  answer  to  the  Objec- 
tion against  his  having  a  Commission  for  L*  Col"-  ot  the  4^''  Regiment 
made  by  Captain  Hazelton  &  others.  After  hearing  the  Evidenee  &  the 
parties,  this  Council  are  of  opinion  that  the  objection  is  Insufficient, 
Whereon  Resolved  that  L*-  Col"-  Jolmson  be  Connnissioned  accord- 
ingly. 


WiNDSOi;,  Oct!--  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  iiom  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  Xoble.  Danby, 

Bennington,  Capt.  Sam'-  Robinson.  Tinmouth,  CV)1"-  Gid.  Warren. 

Shaftsbury,  Wallingford,  Abr"'-   Jackson  3n^- 

Arlington,  Capt.  Jno-  Fassett  Ju^  Wells," 

Sunderland,  Col"-  Tim"-  Browuson.  Poultney,  W™-  Ward. 

Manchester,  Martin  Powell.  Castleton,  Jesse  Belknap. 

Dorset,  Cajjt.  Ab"'-  Undei-hill.  Clarendon,  Nodebrah  Angel. 

Rupert.  Reuben  Harmon.  Rutland,  l^enj'*-  Whipple. 

Paulet,  Pittsford, 

Dummerston,  Jon^^-  Kniglit.  Pomfret,  John  W.  Dana. 

Chester,  Daniel  Hield,  [Ileald.]  Putney,  Amos  Hale. 

Windsor.  Thomas  Cooper.  Thetford,  Tim"-  Bartholomew. 

Hertford,  Elias  Weld.  Barnard,  Asa  Whitcomb. 

Orford.  Col"-  Israel  iSIorey.  Rockingham,  Joshua  Webb. 

Lebanon,  Jn"-  Whealley.  Hartford,  Joshua  Hazen. 

Corinth,  [Cornish.]  Wm.  Ripley.'  Guilford,  Capt.  Levi  Goodnough. 

Dresden,  Bezaleel  Woodward.  Halilax,    Iluljbel  Wells    and    [Ed- 
Westminstcr,  Nath'-  Robinson.  ward]  Harris. 

Corinth,  John  Cutting  &  N.  Fisk.  Townsend,  Jos.  Tyler. 

Judges  of  Probate  in  this  State. 
Bennington  District,  Newbury  District, 

Capt.  John  Fassetl.  Gen'-  Jacob  liayley. 

Manchester  District,  Hartford  District, 

Martin  Powel  Esq'"-  Paul  Spooner  Esq'- 

Hutland  District,  District, 

Joseph  Bowker  Esq''-  Major  Jn"-  Shephardson." 

'  The  justices  for  Corinth  are  below.  Mr.  Ripley  represented  Cornish 
in  1780-81. 

-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  Windliam.  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." 


Grovernor  and  Council — October  1778.  281 

Windsor,  October  20, 1778.         ) 
State  or  Vermont.     In  Council,  dato  above,  y 
Eesolved  thai  Ichabod  Walker  l)i'  Allowed  to  have  the  Twenty  acre 
Lot  of  Land  which  was  formerly  his  I'roperty  in  Rutland,  at  the  Expi- 
ration of  the  Lease,  by  which  John  Smith  &  Asa  Fuller  now  hold  it. 
By  order  of  Gov-  &  Council,  M.  Lyon,  D.  S.  P.  Tern. 


In  Council.  Windsor  October  2.3  1778.  * 
David  Remmington  (upon  his  personal  appearance  &  application  & 
Taking  the  Oath  of  Alegiance  to  this  State,  &  ui)on  Recommendation  of 
Col"- Jonathan  Chace,  Samuel  Chace  Esq''-  &  Mr.  Thf)mas  Ilall  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  niay  acquire,  hold,  buy  &  Transfer  prt)perty  tlierein. 
By  order  of  Gov^"   &  Council, 

M.  Lyon,  Sec'y-  P.  Tern. 

[Oct.]  24. 
On  petition,  Anna  Evans  is  Re]-)rieved  from  the  Sentence  of  Banish- 
ment passed  against  her  by  the  Hon'^'*^  Court  of  Commissioners  in  the 
Month  of  July  last,  &  she  is  discharged  on  her  paying  the  Cost. 

By  order  of  Govi"-  &  Council,  M.  Lyon,  D.  Sec'v-  P.  Tern. 


State  of  Vermont.    In  Council,  Windsor,  2G  Ocf-  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  ai'isen  on  acct.  of  his  former  Tryal*'  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  Vermont,  which  on  the  21st  of  October  had  h^en  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  I'epair  to  the  court 
of  New  Hampshire,  in  order  to  settle  any  difficulties  that  might  subsist 
in  consequence  of  said  sixteen  towns.  Mr.  Allen  attended  tiie  General 
Court  of  New  Hampshire,  &c. —  Vt.  Hist.  Soc.  Coll.  vol.  i,  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. 
Pr  Oi'der,  Thomas  Chittenden,  Gov"'^- 


State  of  Vermont,  Arlington  Nov.  24  1778.* 
Then  appeared  Joseph  Fay  Esq""-  and  Took  the  oaths  necessary   to 
qualify  him  for  the  office  of  Sec'y  of  this  State. 

Before  me,  Thomas  Chittenden,  Gov''''- 

The  End  of  the  Proceedings  of  Council  for  the  year  1778. 

Attest,  _  Joseph  Fay,  Sec'y- 


RECORD  OF  THE  GOVERNOR  AND  COUNCIL 

AT   THE 

SESSION    WITH   THE   GENERAL    ASSEMBLY   AT  BENNINGTON, 

February,  1770. 


State  of  Vermont.     In  Cotjncie  11*^  February,  1779.^ 

This  day  His  Excellency  Governor  Chittenden,  and  the  following 
Members  of  the  Hon'^'^  Council  met  in  the  Council  Chamber  in  this 
place  according  to  Adjournment,  viz*- 

The  Hon^'es  Joseph  Bowker,  Benjamin  Carpenter, 

Paul  Spooner,  Moses  Robinson, 

Timo-  I3rovvnson,  Jeremiah  Clark,  & 

Jonas  Fay,  Ira  Allen,  Esquires. 

After  Debating  on  the  necessary  business  to  be  done.  Adjourned  to  9 
"  Clock  Tomorrow  Morning. 

'From  the  Assembly  Journal: 

Eesolved,  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. 

^From  the  Assembly  Journal: 

On  motion  made  by  his  Excellency  the  Governor,  Ira  Allen  Esq''- 
made  return  of  his  mission  to  New  Hampshire,  and  President  Weare's 
letter  of  the  5"'  of  Nov'"-  was  read,  and  also  several  others  relative  to  the 
Union. — See  Appendix  G. 


Crovernor  and  Council — February  1779.  283 

Bennington,  12  Feb>- 1779.' 

Met  according  to  adjournment. 

Resolved  that  a  Committee  of  Two  be  appointed  to  join  a  Committee 
from  the  House  of  Assembly  to  confer  with  them,  &  make  a  Drait  of  a 
Bill  to  be  passed  into  a  Eesolution  rc^lative  to  the  Union  of  Sixteen 
Towns  East  of  Connecticut  Kiver  &  Report  the  same.  Membei-s  cho- 
sen, Ml"-  Fay  &  M'-  Sjiooner. 

A  petition  from  the  Inhabitants  [of  Kent]-  to  the  Hon'^''^  General  As- 
sembly of  Vermont  being  sent  up  for  advice  «&  Read,  Resolved  to  send 
one  member  of  Council  to  inform  the  House,  that  the  Gov'"-  &  Council 
are  of  opinion,  that  the  Rcjjort  of  the  Committee  of  Last  October  be 
accepted  but  no  deeds  Executed  until  the  proper  Lines  of  the  Town  can 
be  ascertained.     Meml)er  chosen  M'-  Allen. 

A  petition  &  Remonstrance  of  Tim"-  Moss  being  by  the  Assembly  re- 
fered  to  the  Gov'"-  &  Council  for  settlement,  on  Examination  found  due 
50  Dollars. 

A  petition  or  Remonstrance  of  Joseph  Kelson  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. 


Satxjuday,  13  February  1779. 

Met  according  to  Adjournment. 

An  acc"^  Laid  before  Council  by  L*-  Lemuel  Bradley  on  examination 
found  due. 

Voted  to  choose  a  Committee  of  4  to  Examine  the  Claims  of  Capt. 
Ebenezer  Allen.  Members  choosen  M""-  Ro])inson,  M'"-  Spooner,  M'"-  Al- 
len &  M'"-  Bowker.  The  business  of  the  day  being  refered,  Adjourned 
to  Monday  10  "Clock.' 


Monday,  15  FebJ"- 1779. 

Met  according  to  Adjournment. 

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 
appointee'  as  paymaster  to  Settle  &  pay  the  Soldiers  of  Captain  Ebenezer 
Aliens  Company  of  Rangers  for  Service  done  in  the  defence  of  the 
Northern  frontiers  of  this  State  in  the  year  1777. 

*  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. 

*  Kent  [Londondeny]  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. 

^  From  the  Assembly  Journal  Feb.  1.3,  1779: 

Col°-  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  A})- 
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  Deal'  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'!/- 

Adjourned  to  8  oClock  Tomorrow. 


Tuesday  16  Feby- 1779. 

Met  according  to  Adjournment. 

Kec^^-  the  following  Bill  from  the  House: 

In  General  Assembly  16  Feby- 1779. 
Voted  &  Resolved  that  it  be  recommended,  and  it  is  hereby  recom- 
mended to  the  Hon'^ie  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  ordei',  M.  Lyon,  Clerk. 

True  Copy,    Jos-  Fay,  Sec'^- 

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  M^"-  Fay  &  M''-  Allen. 

Havino'  revised  a  number  of  Laws  and  prepared  them  to  Lay  before 
the  General  Assembly,  voted  to  Adjourn  to  8  "Clock  Tomorrow  morn- 
ins.^ 


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  aflfair  of  the  Soldiers  of  Captain 
Ebenezer  Aliens  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  Aliens  company 
re]3ort  as  by  the  journals  of  the  House  may  appear. 

Having  refered  the  business  of  the  day. 

Adjourned  to  8  oClock  Tomorrow  Morning. 

1  Proscribed  by  the  act  of  Feb.  26, 1779. 

'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.  Col"-  Ethan  Allen,  honbie  Jonas  Fay 
and  Paul  Spooner  Esquires  were  declared  chosen  for  the  purpose  afore- 
said. 


G-overnor  and  Council — February  1779.  285 

Thursday  18  Feby-  1779. 

Met  according  to  Adjournment. 

On  application  to  the  Governor  &  Council  by  the  wife  of  William 
Fairfield'  (his  having  repaired  to  the  Enemy,)  requesting  the  imi)rove- 
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,  viz^'  that  which  she  now  dwells  on, 
and  one  on  the  opposite  side  of  the  Road  (on  the  North  side,)  for  the 
year  ensuing.  P»"  order,  Joseph  Fay,  Sec'v- 

Resolved  that  M""-  Fay  &  M""-  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  M''-  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 
19Feb^-1779. 

Voted  M""-  Clark  of  the  Council  to  join  a  Couimittee  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  Feb>- 1779. 

Having  refered  the  business  of  the  day. 

Adjourned  to  8  "Clock  Tomorrow  morning. 


FniDAY  February  19  1779. 

Met  according  to  adjournment  &  proceeded  to  the  business  of  the  day 
vizt-  revising  Laws  &  prepairing  them  to  lay  before  the  Genei-al  Assem- 
bly, having  refered  private  business  until  Wednesday  next  which  day  is 
appointed  to  do  any  business  necessary  to  be  done. 

Adjourned  to  8  "'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  Tim"  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.^ 

M''-  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  Dti-  Mi-Underwood.  Joseph  Fay,  Sec^v- 

Having  concluded  the  business  of  the  day  Adjourned  to  9  "Clock  Mon- 
day next. 


1  Probably  qf  Pawlet. 

''Granting  them  one  hundred  and  fifty  acres  of  land  in  discharsre  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  Counnil — Fi-hrvary  1779. 

Monday  22-3  Feby  1779.' 
Met  accordin<j;  to  Adjounimont  &   proceeded  to  business,  in  revisiuii; 
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  M^'-  Bowker  &  M^"-  Spooner. 
Adjourned  to  9  oClock  Tomorrow. 


Tuesday  2.3'1  Feby-  1779.^ 

Met  according  to  Adjournment,  &  pi-oceeded  to  business  revising 
Laws,  &c. 

The  Committee  appointed  to  join  a  Commitlee  from  the  house  to 
Take  into  consideration  the  State  of  our  Frontiers,  returned  and  report, 
as  may  ajjpear  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  &  repoi-t  as  may  appear  on  the 
journals  of  the  house.     Member  chosen  M^- 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  M''-  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  Ct»mmittee  of  the  whole.  To  Take  into  Consid- 
eration the  State  of  our  Noiihern  Frontiers,  which  was  accordingly  done. 

Having  Adjourned  tlu;  Ct)minittee  Proceeded  to  Take  into  considera- 
tion the  petition  of  Arthnr  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. Attest,  Joseph  Fay,  Secv- 

Having  Taken  into  Consideration  the  Complaint  of  Captain  Samuel 
Robinson,  against  Abraham  Vosl)ury  for  Breaking  his  Parole,  &  having 
heard  and  duly  considered  the  Case  with  every  Attending  circumstance, 
do  Judije  the  s''  Vosburv  Guilty  of  l)reaking  his  pai'ole  to  the  sf^  Rob- 
inson, Therefore  order  the  said  Voslmry  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. 

Attest,  Joseph  Fay,  Secy- 

'  The  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. 

^  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. — [JSiarch  1,  1779,  one  Spanish 
milled  dollar  was  worth  S5,50  lawful  money  in  Vermont.  This  pay  there- 
fore was  not  lai'ge.] 


Crovernor  and  Council — February  1779.  287 

[Havinsj]  Taken  into  ConsicU'ratinn  the  petition  of  Jnniep  Fletcher 
prayinc:  some  eonsidi-ration  for  Service  done  thii^  State,  expense  of  sick- 
ness, &c.,  \vhereui)on  Eesolved  to  Allow  &  order  jiaid  one  Montlis  Wages 
which  is  found  due.  Attest,  Joskph  Fay,  Secv- 

Having  Taken  into  consideration  the  petition  of  Zariibal  [Zerubabel] 
Mattissoii,  heard  i^c  duly  considered  the  cpse  with  every  attending  circum- 
stance relative  thereto,  do  -luge  and  order  that  Twenty  pounds  be  «&  is 
hereby  remitted  of  the  tifty  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'v- 

Having  Taken  into  Consideration  the  Case  of  John  McNiel  who  ])rays 
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,  and 
that  all  the  Little  Notes  in  the  hands  of  Col"-  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  Stejjhen  Royce,  or  the  Value  thereof  in 
money.  Attest,  Joseph  Fay,  Sec'y- 

Adjourned  to  nine  "Clock  Tomorrow  at  which  Time  the  Committee  of 
the  whole  are  to  join  again.' 

Thursday  25  FebJ- 1779. 

Met  according  to  Adjournment,  &  Took  into  consideration  the  petition 
of  James  Fletcher  praying  pay  for  Sei-vice  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  otlicers  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 

Ri'Solved  that  if  any  such  jjcrson  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  i)ardon 
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  I'epeated  once  a  week,  by  order  of  any  assistant  or  justice 
of  the  peace,  so  long  as  they  shall  coniinue  in  this  State. 

Resolved  that  each  of  the  above  described  persons  be  served  with  a 
copy  of  the  above  Resolve. 

*  No  recoi'd  of  this  act  is  found.  Two  days  after  this,  Feb.  20,  1779, 
one  hundred  and  eight  persons  were,  by  name,  banished  by  an  act  of  the 
General  Assembly. 


288  Governor  mid  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  s^  petitions. 

On  Petition  of  Michael  Dunning  for  the  farm  formerly  tlie  property 
of  Amos  Dunning'  his  son  for  the  Support  of  his  Sons  chi'dren  &c. 
Whereupon  Resolved  tliat  John  Burnham  Es(ir-  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  lo  Settle  with  the  Treasurer  as 
soon  as  may  be.  P'^'-  Order,  Joseph  Fay,  Sec'v- 

To  Capt.  John  Simonds. 

Adjourned  to  8  ^Clock  Tomorrow.^ 


Friday  26  Febv-  1779. 
Met  according  to  Adjournment. 

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,  Joseph  Fay,  Sec'i'- 

To  John  Burnham,  Jw^-  Esq^- 

Voted  Ira  Allen  Esq""-  to  go  to  New  Hampshire  to  carry  a  Letter  to 
the  Hon'Ji'^  Meshech  Weare'Esqr-  President  of  Council,  and  Transact 
any  other  business  JSTecessary  to  be  done." 

Voted  Jonas  Fay  Esq'"-  to  go  to  General  Washington  &  New  Hamp- 
shire. 

Resolved  that  -Jonas  Fay  &  Col"-  Moses  Robinson  be  &  they  are  hereby 
appointed  to  Draft  a  Proclamation  to  be  published  at  the  same  time  when 

'Amos  Dunning  of  Pownal  was  proscribed  by  the  act  of  Feb.  2(5,  1779. 

^Fel).  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  tlie  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  177P.  289 

the  Lavvs  are  printed  &  Circulated  throughout  this  State,  also  that  His 
Excellency  with  them  prepai'e  the  Laws  ibr  the  press.' 


Teh.  24th  the  Assembly  resolved  to  raise  S15,000  by  a  lottery  as  a 
fund  for  niilitar}' defence;  and  on  the  2()th  the  Governor  was  requested 
to  write  to  Gen.  Washington  apprising  him  of  the  intention  of  the  state 
to  piovide  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  iState 

of  Vermont: 

A     PROCLA3tATION. 

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  ))r()cured  to  themselves  the  inesti- 
mable blessings  of  a  free  and  indei)endcnl  government,  and  merited 
the  esteem  and  confidence  of  the  Unitkd  Stages  of  Ameiuca. 
And  wliereas  it  has  ever  been  found  (by  universal  experienci')  in  all  free 
governments,  to  be  of  the  highest  imjiortance.  l)oth  for  tlu'  honor  of 
God,  the  advancement  of  religion,  and  the  ]ieace,  safety,  and  tranquil- 
ity of  tlie  inhabitants  thereof,  tliat  good  and  wholesome  laws  be  estab- 
lished, and  justice  impartially  administered  throughout  tlie  same,  in 
order  to  secure  each  subject  in  the  ])eaceable  enjoyment  of  his  riglits 
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  tit,  by  and  with  the  advice  of  my  Council, 
and  at  the  request  of  the  General  Assembly,  to  issue  tiiis  Proclamation, 
and  do  hereby  strictly  require,  charge,  and  command  all  ])ersons,  of  wh;it 
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  furtiier  strictly  require  and  commiind  all  magi.strates, 
justices  of  the  peace,  sheriffs,  constables,  and  other  civil  otlicers,  to  be 
active  and  vigilant  in  executing  the  lavvs  aforesaid,  without  ])artiality,  fa- 
vor or  affection. 

Given  under  my  hand,  and  the  eeal  of  this  State,  in  the  Council  Cham- 
ber, in  Bennington,  this  2;3d  day  of  Februar}-,*  in  the  third  year  of 
the  Independency  of  this  and  the  United  States  of  America,  and  in 
the  year  of  our  Loud,  one  thousand  seven  hundred  and  seventy-nine. 

THOMAS  CHITTENDEN. 
By  his  Excellency's  command,  with  advice  of  Council. 

Joseph  Fay,  Sec'ij. 

GOD     SAVE     THE     PEOPLE. 

*N0TE. — This  date  is  wrong,  as  the  Proclamation  was  not  authorized 
or  drafted  until  Feb.  2G. 


290  Governor  and  Council — February  1'<'79. 

Voted  Col"-  Ethan  Allen  to  wait  [on]  General  Washington  to  ac- 
quaint him  with  the  Situation  of  affairs  Kelative  to  the  defence  of  the 
Northern  Frontiers  of  this  State.' 

Kesolved  that  Fifty  Non  Commissioned  officers  &  Soldiers,  Together 
with  proper  officers,  he  raised  out  of  the  Militia  of  this  State  for  the. de- 
fence of  the  Northern  Frontiers  of  tlie  Same,  to  Continue  in  Service  un- 
til the  l*t  day  of  May  next  unless  sooner  discharged — ."50  men  are  to  be 
raised  out  of  Col"-  Herrick's  Regiment  tte  20  out  of  Colo-  Fletcher's  Reg- 
iment. 

Warrent  given  John  Benjamin  Esq""-  Sheriff,  to  oblidge  Watts  Hub- 
hard  [jr.]  to  pay  &  satisfy  the  Judgment  of  Council  in  October  Last  at 
Windsor,  or  Conline  him  to  Certain  Limits,  &  in  case  he  the  said  Hub- 
bert  Break  over  said  Linnnits  on  Conviction  thereof  befoi'e  any  Justice 
of  the  peace  to  Whip  him  on  the  nakcul  back  not  Exceeding  20  Strii)es 
nor  Short  of  10  Stripes. 

Adjourned  until  Tomorrow  9  "Clock. 

Saturday  27  Feby-  1779.' 

Met  according  to  Adjournment. 

iS'i'r,— In  consequence  of  a  Letter  rec''-  from  you  informing  of  some 
incroachments  of  the  Enemy,  I  have  written  General  Clinton,  intorming 
him  of  the  Same.  His  answer  you  have  inclosed,  upon  wliieh  I  have 
ordered  tifly  men  to  be  raised  to  join  you  to  Continue  in  Service  until 
the  tirst  of  May  next  unless  sooner  discharged,  &  am  directed  to  disire 
Capt.  Smitli  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  Hum'^ie  Servant,  Tho^-  Chittenden. 

To  Capt.  Gideon  Brownson. 

'  On  the  next  day  Joseph  Fay  was  appointed  to  wait  upon  Gen  Wash- 
ington instead  of  Etiian  Allen,  who  wrote  the  following  letter: 

March,  1779. 

Sir: — The  tiflh  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  widel}'  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  tiieir  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. 

Ethan  Allen. 

General  Washington. 

^The  Assembly  adjourned  on  the  26th  to  the  tirst  Wednesday  in  June, 
but  the  Council  continued  in  session. 


G-overnor  and  Cmivfil — Fchrvnry  1779.  291 

Sir, — I  am  directed  by  the  General  Assembly  to  Write  to  you  reqiust- 
inij  you  with  the  men  under  your  Command  to  Continue  at  the  jiost  at 
Rutland  fourteen  days  from  the  2(5  Instant.  These  are  therefore  to  request 
you  to  Comply  therewith.  Others  will  relieve  &  supply  your  place  at 
that  Time.  1  depend  on  it  the  frontiers  will  not  be  Left  so  bare  at  any 
future  time  as  they  now  are  so  Ions  as  there  shall  be  occasion  for  a 
Gu;u-d  there.  I  haA^e  written  to  Capt.  Rrownson  which  I  expect  lie  will 
Communicate  to  you.  Tno**-  Chittenden. 

To  Capt.  John  Smith. 

Letter  to  Joseph  Boicker.  Esq''  : 

I  am  directed  by  Council  to  desire  you  to  make  a  Settlement  (in  be- 
half of  this  State)'  with  Col"-  James  Mead  relative  to  the  mare  &  Colt  in 
dispute  between  him  &  Edward  Bum])us.  &  whatever  is  found  due  to  pay 
the  same  to  said  Bumpus.  P''-  order.  .Joseph  Fay,  Sec'y- 

Voted  Colo-  Moses  Robinson  to  Draft  a  Proclamation  for  a  General 
Fast  throughout  this  State. 

Voted  Joseph  Fay  Esq"'-  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  j)lace  will  fall  into 
Clarindon  or  be  States  Land,  You  will  not  vSell  it  to  any  person  at  pre.s- 
ent  but  Lease  it  out  to  M'"-  Lemuel  Roberts  &  his  Brolher  for  the  pres- 
ent year.  By  order  of  the  Gov'"-  &  Council, 

Joseph  Fay,  ^'ec'*- 

To  Colo.  James  Claghorn. 

Voted  Colo-  Moses  Robinson.  Samuel  Robinson  Esqi'-  &  Jonas  Fay 
Esq!"-  a  Committee  to  Settle  M'-  Ambrose  Hubberts  acc"^-  against  the 
State. 

Voted  that  His  Excellency  the  Gov-  be  directed  to  give  orders  to 
Captain  Fitch  to  turnish  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  pJ" 
day  for  the  Ttyal  of  David  Heddcn,  [Redding.]  who  was  Executed  in 
this  place  in  June  last. 

Voted  &  Resolved  that  Widow  AVright  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  s*!  Widow  at  Shaftsburv. 

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  &  Asseml)ly  in  June  Next,  &  you  will  keep  him  to  Labour  to 
pay  for  his  Supi  ort  until  that  time  within  the  Town  of  Windsor,  on  pen- 
alty of  his  being  Wlii[)ed  not  Exceeding  40  Stripes  on  the  naked  hack 
on  his  Leaving  said  Town.  p'-  order,  Joseph  Fay,  6'ecV- 

The  End  of  Feb>-  Session  1779. 

Joseph  Fay,  ^'ec'y- 


292  Executive  Correspondence^  March  1779. 


EXECUTIVE  CORRESPONDENCE,  MARCH,  1779. 


Bennington  5  March  1779, 

Sir, — Yours  of  yesterdays  date  V)v  L^-  Biitterfield  I  rec"^  this  morning, 
and  am  very  sorry  the  Troops  raised  for  the  Defence  of  the  Korthern 
frontiers  are  delayed  f<ir  want  of  Provisions.  I  enehise  you  a  Copy  at 
Large  of  a  Letter  I  rec''  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  he  answer- 
able if  any  Blame  shall  come  against  3'ou  on  that  account. 
I  am  Sir  your  Humt"'*^  Servant, 

Thomas  Chittenden. 

Enoch  Woodbridge  Esq''-  C.  1.  [Com.missary  of  Issues.l 


Bennington  5  March  1779. 
Copy  of  a  Letter  to  Genernl  Washington: 

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''^  interposition  for  their  future  Relief.  The  contiguous  situ- 
ation of  tliose  inhabitants  to  the  Enemy  has  rendered  their  Safctv  pecu- 
liarly uncertain  from  the  first  commencement  of  the  present  War  ;  the 
many  alarms  occasioned  by  the  repeated  ap])ri)aches  of  the  Enemy  have 
kept"  its  inhabitants  in  such  a  tiuctuating  condition  as  has  rendered  it 
impracticable  for  them  to  have  setau'ed  any  considerable  supplies  of  pro- 
visions for  their  fiimilies  beforehand.  The  encroachments  of  the  Army 
under  the  Command  of  L*-  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  Altlio  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 ])art  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  ]iart  of  the  Country.  They  are  therefore  princi- 
pally reduced  to  an  Indian  Cake  in  Scant  proportion  to  the  number  of 
their  Families,  *fc  by  the  distruction  of  their  Sheep  by  the  Enemy,  their 
loss  of  tliem  otherwise  as  well  as  their  flax,  their  backs  &  their  bellies 
have  become  Co  Sutferers. 

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- 

^  Brigadier  General  James  Clmton,  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  tor  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  ult"-  bj-  which  your  Excellency  will  perceive  his  redinessto 
Grant  every  relief  in  his  power.  In  consequence  of  this  Letter  1  have 
ordered  the  Continuance  of  the  Company  of  Militia  therein  named  &  an 
addition  of  50  men  Exclusive  of  Commissioned  otMcers  to  join  them 
immediately.  If  after  all  that  has  been  exhibited  on  tliis  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  ofticers  & 
soldiers  as  may  be  found  necessary  to  raise  from  time  to  Time  within 
this  State  for  the  purpose  aforesaid.  The  Bearer  hei'eof,  Josejjh  Fay, 
Esq""-  in  whose  attachment  to  the  Common  cause  your  Excellency  maj' 
repose  the  Greatest  confitlence,  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  E^xcellency"*  most 

Obedient  and  very  Humble  Servant, 

Thomas  Chittenden. 

His  Excellency  Gen'   Washington. 

Copy,  Attest,    Jos.  Fay,  /b'ec's'- 


Arlington,  6  March  1779. 

Sir, — Your  kind  favour  of  the  25  ult.  came  to  hand  and  in  consequence 
of  your  advice  I  have  oi'dered  the  continuance  of  the  Company  of  Militia 
&  an  addition  of  titty  men  more  of  the  Militia  of  this  State  (exclusive 
of  Commissioned  ofticers)  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  atfords  an  opportunity  for  the  immedi- 
ate advances  of  the  Enemy''^  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  efiects  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  iV- desire  you'''  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  Gen'  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  conHde,  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  adviceabic  for  me  to 
persue  next  for  relief 

I  am  Dr-  [sir]  your  most 

Obt  Hum'^'*^  Servant, 

Thomas  Chittenden. 

Brigadier  Oen'   Clinton. 


294  Governor  and  Council — March  1779. 

Bennington,  10"'  March  1779, 
/Sir, — Your  favour  of  the  5  of  November  last  was  Seasonablj^  dilivered 
me  by  Ira  Allen  Esq''-  1  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  Kesolution  for  disolving 
the  union  (so  called)  with  sixteen  Towns  East  of  Connecticut  Eiver, 
which  I  have  inclosed. 

The  Laws  of  this  State  are  now  nearly  fitted  for  the  press  &  will  be 
immeadiately  i)rinted  &  Circulated  among  the  inhabitants,  the  execution 
of  which  I  flatter  myself  will  prove  sutiicient  to  quit  [quiet]  any  distur- 
bances among  the  Inhal)itants  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  disefiected  pei  sons  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  Hum'^'^  Servant, 

Thomas  Chittenden. 
The  Hon^'^  Meshech  Wire  [_Weare,'\  Esq'-^  President  of  the  Council  iV. 
Hamjjshire.^ 

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.,  Conmiissioner  of  Sales  of  Land. 

Thomas  Chittenden. 
Martin  Powel  Esq''-  (J.  Seq"- 

12. 
Sir, — You  are  hereby  directed  to  make  application  to  Martin  Po'wel 
Esqi"-'  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  j-ou  will  keej)  until  you  have  liirther 
orders  from  this  Council. 

Thomas  Chitfenden. 
To  John  Fassett  [Jr.,]  Esq^'-^  C.  of  Sales  of  Land: 

Council  adjourned  until  the  4"'  Wednesday  of  April  next  to  meet  at 
the  house  of  His  Excellency  Thomas  Chittenden  in  this  Town. 

Attest,  M.  Lyon,  D.  Sec'y-  P.  T. 


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. 

'  For  documents  on  this  subject  see  Appendix  G. 


G-overnor  and  Council  as  Board  of  War.  295 

Arlington,  March  lU''  1779. 
Board  of  War  met  at  the  House  of  his  Excellency  Thomas  Cliitten- 
den,  Esq'"-      Members  Present. 

His  Excellency  TiioM.  Chittenden,  Esq'- 

HonorahU-  Joseph  Bowker,  Esq>- 

Honorable  TiMOTHY  Brownson,  Esq""- 

Hdniiraltle  JosKPll  Fay,  Esq"'- 

Honorable  Moses  Hobinson,  Esq''- 

Honorable  iRA  Allen,  Esq'"- 
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 
Commandinii  him  to  call  forth  one  hundred  men  properly  oflleered  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  Slate  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. 

D''  Sir, — In  consequence  of  repeated  applications  to  me  by  tlie  fron- 
tier inhabitants  of  this  State,  1  have  ordered  one  hundred  men  of  Col"- 
Warrens  regiment  properly  officered  to  be  got  ready  immediatel}'  on  the 
rece])tion  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  i)articu- 
lars  ot  which  I  cannot  well  insert  here.  Must  refer  you  to  the  bearer, 
Capt.  Fassett.  I  am  dear  Sir  your  most 

obedient  humble  servant, 

Thos.  Chittenden. 

Capt.  Gideon  Brownson. 

N.  B. — I  am  informed  by  Cap^-  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  thereibre  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  12*''  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, 

Thos.  Chittenden. 

Capt.  Gideon  Brownson. 

Arlington  March  12i''  1779. 

Whereas  this  State  is  a  fi'ontier  to  the  Northern  Enrmy  it  is  therefore 
necessary  that  some  lines  be  ascertained  where  this  Slate  will  attempt 
to  defend  the  Inhabitants: 

Therefore  Resolved  that  the  North  line  of  Castleton,  the  west  and 
north  lines  of  Pittsford  tf)  the  footof  tlie  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 
Eliects  within  said  Lines.  This  Board  on  the  Petition  of  the  Inhabitants 
do  also  i-ecommend  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  (exceptina-  a  few  near  the  fort) 
move  to  some  convenient  place  sonth  and  that  the  men  with  such  part  of 
their  stocks  as  may  be  necessary  remain  on  their  farms  and  work  in  Col- 
lective bodies  witli  their  arms. 

War  Offick  April  2«i  at  Arlington  1779. 
This  Board  having  taken  into  their  consideration  the  present  defence- 
less situation  of  the  frontier  inhabitants  of  tliis  ^tate,  and  tlie  dangers 
they  must  be  immediately  exposed  to  on  the  breaking  uj)  of  the  Lakes, 
have  and  do  hereby  resolve,  that  one  hundred  men  exclusive  of  Com- 
luissioned  otticers  be  immediately  raised  and  ofiicered  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  capt.       is,  Lieut.  '^oZtrXritates'' 

for  the  above  purpose,  1                 35 

That  Colo-  Sami-  Fletcher  furnish  1                1  2^           35 

That  Colo-  Joel  Marsh           do.  1                30 

1  3  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- 
lected  by  this  Board  to  issue  his  order  requiring  Colo-  Warren  to  raise 
one  Cai)tain  one  2'^  Lieutenant  and  filty  non-conimissioued  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  comtiianding  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. 

Aelington.  2<i  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  pei'haps  sooner  than  sixty  days,  which  if  done  the  men  will  be 
sooner  discharged. 

I  am  Dear  Sir  your  humble  servant, 

TirosiAS  Chittenden. 

Seiit  to  Col"-  S.  Fletcher,  Col"-  S.  Herrick,  Col"-  Joel  Marsh,  Col"- 
Gideon  Warren. 

Letter  to  Col°-  Warren  and  orders — (Copy.) 

Arlington,  2^  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- 
niauded  forthwith  to  furnish  by  Drnuglit,  one  Captain,  one  second  Lieu- 
tentant  and  tifly  able  bodied  etiective  men  (in  Lieu  of  the  hundred  last 
ordered,)  and  have  them  evei\v  wa}-  e(iui])ed  with  arms  and  every  oilier 
necessary  for  a  Cam|)aign  in  defending  said  frontiers,  to  continue  in  ser- 
vice sixty  days  from  the  day  the}'  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  id  Lieutenant. 

Tiio*-  Chittenden,  Cap^-  Gen'- 

To  Col°-  Gideon  Warren. 

Similar  orders  [to]  above  sent  to  the  following  Colonels  &  Regiments, 
viz. 

Capt.  1st  Lieut.       2il  LUnit.         Privates. 

Colo-  Sami-  Fletcher,         ■  1  0  1  35 

Colo-  Sami-Herrick,  0  1  0  85 

Colo-  Marsh,  0  1  0  30 

Total,  100 

Debenture  of  War,  Arlington  April  S''  1779 — Debenture  promding  Guard 

for  the  Frontiers. 
Jonas  Fay  Esq.,  1  2-3  day,  horse  16  shillings,  £3  16    0 

[Receipt]    Jonas  Fay. 
Timothy  Brownson,  Esq.,  1  day,  horse  4  shillings,  2     0    0 

Timy.  Brownson. 
Jeremiah  Clark,  Esq.,  1  1-2  day,  horse  15  shillings,  3    8    0 

Jeremiah  Clakk. 
Moses  Robinson,  Esq.,  1  2-3  day,  horse  15  shillings,  3  15     0 

Moses  Robinson. 

Joseph  Fay,  Esq.,  1  2-3  day,  horse  15  shillings,  3  15    0 

Joseph  Fay. 

[£16    14    0]  £17  12    0 


RECORD  OF  THE  GOVERNOR  AND  COUNCIL 

AT  A 
SPECL^L  SESSION  AT  ARLINGTON,  APRIL  1779. 


Arlington,  April  29*''  1779. 
Whereas  the  General  Assembly  of  this  State  at  their  Sessions  held  at 
Bennington  the  2'i<^  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  whipi)ed  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  Sutik'ient  number  of  the  Council  present,  the  said  persons  have 
not  had  a  Determination  according  to  the  Intention  of  the  Assembly — 
We  therefore  Kecommend  it  to  all  Concerned  that  their  punishment  be 
Suspended  until  a  decree  of  the  Council  be  obtained  in  the  premises. 

p»"-  order,  Joseph  Fay,  Sec'v- 


In  Council,  Arlington  30  April  1779, 
"Whereas  it  appears  to  this  Council  that  Mary  Hawley  [is]  wid"^-  of  Abel 
Hawley  Ju'"-  Late  of  Sunderland  an  Enimieal  person  JDec<^'-  &  his  Estate 
Confiscated,  &  that  the  Commissioner  of  Sales  of  such  Estates  has  Omit- 
ted allowing  lier  the  said  Mary  a  Cow,  as  has  been  the  usual  Custom  in 
such  cases — Thereibre  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  Col"-  Gideon  Warren  a  person  Wounded 
in  the  Service,  that  the  Hon'^''''  the  Congress  of  the  United  States  did  in 
the  Month  of  August  177(5  Resolve  an  allowance  should  be  made  as  a 
Compensation  to  svich  olRcers  &  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 
tlieir  Sessions  in  June  last — &  praying  a  further  Allowance  at  this  Time, 
Therefore  Resolved  that  the  Treasurer  be  directed  to  pay  Col"-  Gideon 
Wari'en  one  hundred  and  Twenty  pounds  out  of  the  jjublic  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. 


TnE  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 


Crovernor  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.  Iea  Allen  stated  that  Gov.  Chittenden,  being  duly  informed 
of  this,  «&c.,  "took  speed}^  and  secret  measures  to  counteract  them."  This 
was  etiected  by  sending  Ethan  Allen  with  an  armed  force  and  the 
power  to  employ  the  posse  condtatus,  who  promjitly  arrested  Patterson 
and  other  otficers,  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.  I,  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  Alle^i,  &c. 

Whereas  complaint  hath  been  made  unto  me  by  Samuel  Fletchek, 
Esq.,  commanding  the  first  regiment  of  militia  within  this  State,  that  on 
Wednesday  the  28th  day  ot  April  last,  at  Putney  in  the  State  af(n-e- 
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  career,  in  Vermont  at  least,  exceeded  even  that  of 
his  tory  patron  in  infamy.  He  W'as  made  sheriff  of  Cumberland  county 
by  New  York  in  1773,  and  held  the  oflice  until  the  royal  otficers  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  tiie  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  Eoyalists 
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  w'ith  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. 


V 


300  Governor  and  Council  as  Board  of  War. 

lawfully  assembled  vmder  the  command  of  a  certain  pretended  Col.  Pat- 
TEKSON  of  Hinsdale,  [Vernon.]  did  then  and  there  by  force  and  with 
violence  take  and  convey  fi-om  one  William  M'Waine  a  Serjeant  be- 
lonj^ing  to  Capt.  Daniel  Jewet's  company  ot  militia,  and  in  the  said 
Samuel  Fletcher's  regiment,  two  Cowes  which  the  said  serjeant 
M'Waine  had  previouslytaken,  one  from  James  Clay,  and  tlie  other 
from  Bp:njamin'  Willson,  both  of  Putney,  J)y  virtue  of  a  warrant  by 
legal  authority  [issued]  directing  the  said  Serjeant  M'Waine  to  disj)0se 
of  so  much  of  the  Estates  of  "the  said  James  Clay  and  Benjamin 
Willson,  at  public  outcry,  as  would  satisfy  tiie  fines  of  the  said  James 
and  Benjamin  [for]  refusing  to  march  or  pay  their  proportion  of  raising 
men  when  legally  ch'aughted  for  the  service  of  this  and  the  United  States 
of  America  agreeable  to  an  act  of  the  General  Assembly  of  the  llepre- 
sentatives  of  the  Freemen  of  this  State;  and  praying  for  relief  in  the 
premises,  anc^  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  al^le  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  ma)'  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 
2Gth  day  of  May  instant.     Heieof  you  may  not  fail. 

Given  under  my  hand  at  Arlington  this  Gth  day  of  May  A.  D.  1779. 
Thomas  Chittenden,  Captain  General. 

[From  the  Record  of  Uie  Board  of  War.] 

War  Office,  Shaftsbury,  May  13ti^  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  pi'otecting  its  in- 
habitants from  the  incursions  of  the  Enemy,  unless  sooner  discharged. 
And  Col*^-  Herrick  furnish  for  the  above  purpose, 

Capt.  1,     Lt.  0,     Rank  and  file  25. 
and  Col"-  Warren  furnish  for  do.  1,  25. 

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  Gth  of  May  1779  to 
Continue  in  force  untill  the  10^''  of  July  next  unless  sooner  discharged. 

Copy  of  a  Letter  to  Col"-  Warren. 

Arlington,  May  14t'»  1779. 
Dear  Colonel, — I  have  received  your  fiivour  of  the  16t'>  [Gth,  ))robably,] 
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  Cap*-  Brownson's  being  called  away,  your  dis])0si- 
tion  of  the  Militia  and  care  for  the  forts  greatly  pleases  me.  I  perceive 
by  Cap*-  Sawyer's  return  that  there  is  yet  13  men  behind  of  the  GO  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.  I  am  dear  Sir  your  most  obedient  servant,  T.  C. 


Crovernor  and  Council  as  Board  of  War.  301 

Copy  of  orders  to  Col.  Warren. 

Pursuant  to  a  Resolve  of  the  Board  of  AVar  yp^terda}'  you  are  hereby 
comnianded,  immediate!}'  on  the  reeei)tion  of  tiiis,  to  detaeh  or  draught 
one  Ensiirn  and  twenty-Hve  al)le  bodied  elVective  non-Connnissioned 
officers  and  Soldiei's  of  your  Regiment  and  liave  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  he  under  (he  Command  of  Captain  TH03IAS  Saw- 
YEK,  who  is  to  be  their  Captain  and  Commands  the  post. 

Given  under  my  hand  at  Arlnigton  this  14th  day  of  May  1779. 

Thomas  Chittekden,"  Cap'"-  Gen'- 

Col"-  Ilerrick  has  orders  of  Like  Tenour  save  L^-  in  Lieu  of  Ensign. 

Copy  of  orders  for  Captain  Thomas  Sawyer  Commanding  at  Fort  Banger^ 
dated  Arlington,  May  14'^  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 
annoy  them  should  they  come  within  your  reach.  As  there  are  two 
other  forts,  one  at  Castluton  and  one  at  Pittslord,  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  keej)  the  (H)mmand  of 
Fort  Ranger  and  the  other  forts  depending  untill  otherwise  ordei'cd  by 
me  or  untill  some  Continental  officer  siiall  take  the  command.  You  will 
])ost  the  earliest  intelligence  of  the  motion  of  the  Enemy  to  me  and 
guard  against  surprise.     Given  under  my  hand, 

Tiios-  Chittenden,  Cap*-  Gen'- 

Copy  of  Letter  to  Col°-  Herrick. 

ARLINGTON  May  14tii  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  Cap'-  Sawyer's  return  that  13  of  the  GO  days  men  have 
not  yet  arrived  at  Rutland  from  your  Re<T:iment.  I  do  eai'nestly  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  serv*- 

TiiQS-  Chittenden. 
Col.  Herrick. 


302  Governor  avd  Covvcil — June  1779. 

RECORD  OY   THE  GOVERNOR  AND  COUNCIL 

AT   THK 

SESSION  OF  THE    GENERAL  ASSEMBLY   AT  WINDSOR, 

JUNE  1779. 


The  following  is  a  Copy  of  a  resolve  of  the  General  Assembly,  viz*  = 

In  Gekeual  Assembly  June  2^  1779.' 
Voted  &  Resolved,  that  Mi-.  [Edward]  Harris  [of  Halifax,]  Mr.  [Silas] 
Webb  [of  Thetford,]  &  Col.  [John]  Strong  [then  of  Dorset,  afterward  of 
Addison.]  be  and  are  hereby  aiipoiuted  a  Committee  tft  Wait  on  his  Ex- 
cellency the  Governor  &  the  Hon'''*'  Members  of  the  Council  present  & 
^ive  them  the  thanks  of  this  Assemblv  for  their  rasing  &  sending  the 
Posse  Commitatis  into  Cumberland  County  in  May  last  for  Ihe  purpose 
of  apprehending  the  Rioters  who  were  Tried  at  Westminster. 

Pi"  order,  M.  Lyon,  Clerk. 

Copy,  attest,       Joseph  Fay,  Sec'-'/- 


In  Council,  Windsor  June  o^^  1779. 
gly_^ — 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  I.,aw  to  vote  for  the  choyce  of  Militia  officers,  to  meet  at 
some  convenient  time  and  place  in  s<i  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  tlms  chosen  to  this 
Board  in  order  to  their  being  duly  Commissioned. 
By  order  of  the  Gov''  &  (Council. 

Jonas  Fay,  Sec'v-  P.  T. 
Lt.  Silas  Hamilton. 


In  Council,  Windsor  June  3'^  1779. 

Voted  &  Resolved  that  Jonas  Fay  Esq*"-  be  &  is  hereby  appointed 
Secretary  P.  Tem. 

gif_^ — You  are  hereby  directed  to  Convene  such  of  the  inhabitants  of 
N.  Fane  as  are  qualitied  by  Law  to  vote  for  Militia  officers  to  meet  at 
some  convenient  Time  and  place  in  said  Town  to  be  by  you  appointed, 

^From  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  load  them  to  the  clioyce  of  one  Captain,  one  L^-  &  one  Ensicrn,  & 
Return  their  names  to  tliis  Jioard  as  soon  as  may  be  in  order  to  their 
being  duly  Commissioned.' 

])'■  Order,  JoNAS  Fay,  Secv-  P.  T. 

[No  address  on  the  record] 


In  Council,  Windsor  8^  June  1779.' 
Resolved  that  M""-  Stephen  R.  Bradley  be  &  he  is  hereby  appointed  to 
prepare,  and  lu-inL^  into  this  board  as  soon  as  may  [be]  a  draft  of  a  Proc- 
lamation  to  be  Issiu'd  by  his  Exeellency  in  regard  to  the  diselfected  in- 
habitants of  the  County  of  Cumberland.'^ 

By  order  of  the  G(iv>'-  &  Council. 

Jonas  Fay,  ^ec'^^-  P.  Tern. 
Resolved,  that  M""-  Allen  &  M""-  Carpenter  be  &  they  are  liereby  ap- 
pointed a  Committee  to  adjust  acc*^  with  M^"-  Alden  Spooner,  Printer. 

4. 
On  the  ReiM-esentation  of  M'"-  Timothy  Bartholomew,  that  the  Child- 
ren of  M'"-  James  Munn  Late  of  Thetford,  an  Euimical  person  deceased, 
were  suHeriug  for  the  Necessaries  of  Life,  an  order  is  therefore  Issued 
to  Joseph  Ilorsford,  Commissioner  of  Sequestration,  lor  the  rent  of  the 
s*i  Munns  farm  the  present  year  to  be  appropriated  for  the  relief  of  said 
Children.  Attest,  JoNAS  Fay,  *Sec'y- P.  2'. 

'  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  wei'c  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 
Slate"  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. 

'^  From  the  Assemhh/  Journal: 

Ira  Allen  Esq'"-  made  report  of  his  mission  to  New  Hampshire  and 
sundry  papers  relative  tliereto  was  read — and  Ira  Allen  Esq'-  was  un- 
animously chosen  by  ballot  an  Ag(>nt  to  transact  the  affairs  of  tliis  State 
at  the  Ci)uncil  and  (reneral  Assembly  of  the  State  of  New  Ilampshii-e. 

Resolved,  that  His  Excellency  the  Governor  be  and  be  is  hereby  re- 
quested to  write  to  tlu'  Council  and  Genei-al  Assenibly  of  (he  State  of 
New  Hampshire  informing  them  tliat  it  is  not  agreeable  to  this  Assem- 
bly that  the  Assembly  of  the  State  of  New  Ham|)shire  lay  any  jurisdic- 
tional claim  to  tlie  west  of  Connecticut  River. — See  Appendix  G. 

Resolved,  that  a  Surveyor  General  l)e  appointed  to  ]u-ocure  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 
fi'om  time  to  time  receive  from  tiie  Governor  and  Council  or  from  this 
Assembly. 

The  ballots  being  taken,  Ira  Allen  Esq''-  was  Elected  Surveyor  Gen- 
eral. 

'  See  Appendix  H. 


304  G-overnor  and  Council — Jvne,  1779. 

Windsor  4  June  1779.'      ) 
State  of  Vekmont.    In  Council,  date  above,  f 
(Sir, — You  are  hereby  directed  to  Take  the  wife  and  family  of  Titus 
Simonds,^  and  Transport  them  to  thii  olHeer  Commanding  at  liutland, 
Consulting  him  in  some  Method  to  Transport  said   family  within   the 
Enemies  Lines  in  Canada. 

By  order  of  the  Gov'"-  &  Council, 

Jonas  Fay,  Sec'v-  P.  T. 
To  Capt.  Simonds  of  Andover. 

4tii. 
Sir^ — You  are  hereby  ordered  to  Confirm  to  M'"-  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  M^s-  Sarah  Wright  wife  of 
the  aforesid  Zadock  Wright  Esq''-  the  improvement  of  the  seven  acres  of 
plowing,  six  of  Mowing  &  the  pasturing  of  three  Cows,  ten  sheej)  &  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. 

By  order  of  Council, 

Jonas  Fay,  ISec"^-  P.  Tern. 
To  Paul  Spooner^  Esq^'- 

In  Council  Windsor  4"'  June  1779. 
Eesolved  that  M^"-  Emmons,  M'"-  S])o()ner  &  M'"-  Allen  be  iSj  they  are 
hereby  appointed  a  Committee  to  Settle  the  ace'-  exhibitted  by  M'"-  Rob- 
inson &  order  payment  of  what  shall  be  found  due. 

[June]  4*''- 
Resolved  that  M'"-  I^oah  Smith  be  &  he  is  hereby  ajipointed  a  paymas- 
ter for  the  Militia  agreeable  to  a  Resolution  of  the  General  Assemidy  of 
this  State  of  the  22^1  of  FebJ'-  last,  and  his  Excellency  is  hereby  directed 
to  Give  him  a  AVarrant  accordingly." 

[From  the  Record  of  the  Board  ol'  War.] 

Board  of  War,  Windsor,  5^''  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  llie  post  at 
Rutland  and  the   frontiers  of  this   State,   to  Continue   in  service  two 
months  from  the  day  they  march,  unless  sooner  dischaiged,  and  their  pay 

^From  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. 

^  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. 

^  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. 


!^.M-.i. 

r?.  .t  flip. 

4 

:v.i    — 

40 

2 

:u    — 

85 

8 

80     — 

35 

2 

22     — 

25 

1 

i;?    — 

15 

Governor  and  Council — Tvne,  1770.  305 

to  commence  two  days  before  they  march,  and  that  they  he  taken  from 
the  several  regiments  in  the  following  proportion  (viz.) 

Capt.  Lt.  Kn. 

Colo-  Fletcher,  1  1  1 

Col«-  Herrick,  0  1  1 

Col"-  Marsh,  1  0  1 

Colo-  Warren,  1  0  0 

Colo.  Olcott,  0  1  0 

3  3  8  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  Vkrmont.  In  Council,  Windsor,  June  7"'  1779. 
Resolved  that  the  Capt.  Generars  orders  of  the  6''' 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  2(5'''  day  of  May  last,  and  his  ]']xcel- 
lency's  Proclamation  of  the  3'^  instant,  l)e  published. - 

Extract  from  the  Minutes.  Jonas  Fay,  Sec'J-  pro  tern. 

Windsor  12  June  1779. 
Resolved  that  Col"-  Ethan  Allen  and  the  Ilon'''^'  Jonas  Fay  P^q^  be 
and  they  are  hereby  directed  to  Wait  on  the  Hon'''^'  the  Grand  Council 
of  America  as  soon  as  may  be,  and  they  and  Each  of  them  are  hereby 
recommended  to  that  Hon^'^  Hoard  to  do  and  Transact  any  liusiness  that 
Cuncernes  the  State  of  Vermont. 

By  order  of  the  Gov'-  &  C(junci],  Joseph  Fay,  Sec'!^- 

-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  t3  uni/  j)erson  to  whom  judijmcnt  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  Chui'ch,  Micah  Townseiid,  James 
Blakeslee,  James  Clay  jr.,  I3enjamin  Whitney,  Samuel  Root,  -lohii  Nor- 
ton, John  Sessions,  Ephraim  Clay,  Medad  Wright,  Jiela  Wilhird,  Joscijh 
Willard,  Bildad  Easton,  Daniel  Sabiu,  NoahSabin,  William  Pierce,  Noah 
Cushing,  Samuel  Wheat,  Francis  Cununings,  James  Cummiugs,  Joseph 
Jay,  Thomas  Pierce,  Thomas  Willson,  and  Benjamin  Butlerfield. — 
Eastern  Vermont,  p.  344. 

Some  of  these,  probably  most,  afterward  submitted  to  the  authorit}-  of 
Vermont. 


306  Governor  and  Couvnil — July  1779. 

PROCEEDINGS  OF  THE  GOVERNOR  AND  COUNCIL 

AT   A 

SPECIAL  SESSION  AT  ARLINGTON,   JULY  1779. 


Copy  of  a  letter  to  Asa  Douglas  Esq''- 

In  Counxtl  Arlington  29th  July  1779. 
Sv\-l  have  laid  before  my  Council  the  matter  relative  to  the  clnim 
3'^(m  mention  the  Natives  have  to  this  part  of  the  Country,  but  they  be- 
ing in  some  Measure  unacquainted  with  the  Justice  of  their  Chum, 
thought  it  most  proper  that  a  Matter  of  such  consequence  should  be 
Laid  before  the  General  Assembly  of  this  Slate  at  their  next  Sessions, 
on  the  second  thursdny  of  November  [October]  next  to  be  held  at  Man- 
chester, at  which  Time  &  place  you  jirobal^ly  can  have  an  opportunity 
to  exhibit  their  CUiim.  &  in  the  mean  Time.  1  am  vSir  your 

Humble  Servant,  Thomas  Chittenden. 

Arlington  July  29,  1779.'        } 
State  of  A'ekmont.     In  Council,  f 
Tlic  Council  having  taken  into  Consideration   the  Petition   of  Abel 
Spencer,  Joseph  Kandall,  &  Abraham  Stewart,  praying  that  part  of  a 

^  From  the  Record  of  the  Board  of  War: 

Board  of  War,  Arlington  29"'  July  1779. 

Two  Letters  from  Cap^"-  Thomas  Sawyer  commanding  the  post  at 
Rutland  dated  2(:t''  &  27"'  instant  request  assistance  in  Guarding  the 
frontier  inhabitants  of  this  State,  and  a  Letter  and  Petition  from  the 
lnhal)itants  of  s''  Rutland  of  the  27"'  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  seivicc  until  the  sixteenth  day  of  No- 
vember upxt  unless  sooner  discharged,  and  that  each  such  man  be  al- 
lowed Eighty  pounds  Bounty  (thirty  on  entering  the  service  and  fifty 
when  discharged)  and  three  i)ounds  p'-  month  in  addition  to  the  Conti- 
nental I'ay. 

Resolved  that  the  above  fifty  men  be  Commanded  by  one  Captain  and 
two  Lieuts-  and  that  the  Ca])*  be  allowed  in  addition  to  the  Continental 
Pay  and  for  recruiting  money  the  sum  of  three  hundred  pounds,  and 
that  eacli  Lieu*-  be  allowed  for  the  above  ])urpose  two  hundred  pounds, 
and  that  they  receive  each  one  bundled  pounds  on  his  engaging,  and  the 
remainder  on  their  being  discharged.* 

Board  of  War.  Aldington,  20"'  July  1779. 
Sir. — Yours  of  the  2(5"'  and  27"'  instant  P'-  Lieutenant  Post"tog(;ther 
with  a  Letter  from  a  No.  of  the  Inhal)itants  of  the  town  of  Rutland  I 
have  laid  before  this  Board,  in  consequence  of  wliich  the  board  have  or- 
dered f»ne  Ciim])any  of  Raugeis  to  be  forthwith  Raised  consisting  of  fifty 
able  l)odied  Volunteers  exclusive  of  Commissioned  offlcers  to  be  sent  to 
your  immediate  assistance,  who  are  to  continue  in  service  till  the  15"' 
of  November  next,  and  in  the  mean  time  (while  this  Company  is  a  Rai.s- 

*Aug.  1,  1779,  .^1,200  in  lawful  money  were  required  to  equal  100 
Spanish  milled  dollars     .S12  for  $1— State  Papers,  p.  430. 


Governor  and  Ctmncil — .//</;/,  1779.  307 

fine  laid  on  thorn  (severally)  of  one  thousand  pounds  l)y  tlie  Su|ieiioui- 
Court  might  be  relinquished,  did  thereu}ion  Resolve  that  live  hundred 
pounds  be  relinquished  of  said  tines. 

]3y  order  of  Council,  Jonas  Fay,  Scc'y-  P.  Tern. 

In  Council.  Arlinp^ton  :51'  July  177'.). 
Resolved  that  the  Ilonoralile  Jonas  Fay  &  Paul  Spooner  Esquires,  two 
of  the  a<^eTits  appointed  by  the  General  Assembly  of  this  State  at  their 
session  in  February  last  to  Transact  the  Political  l)usiness  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  Paitland  &c.  and  let  them  know  that  nothiui;  shnll 
at  any  time  be  wantinj^  (in  the  {)ovver  of  this  Board)  1o  render  their  sit- 
uation as  secure  as  the  nature  of  the  ground  will  admit. 

I  am  Sir  your  humble  Servant,  Thomas  Chittendkn. 

To  Cap'-   Thomas  ISawijer. 

Board  of  War,  Arlington,  :50iii  July  1770. 

Sir, — In  consequence  of  rei)eated  applications  to  this  Board  by  ihe  dis- 
tressed inhabitants  of  the  Northern  frontiers,  and  the  present  attempts 
of  our  Enemy  to  distroy  then),  you  are  hereby  required  to  raise  as  m  my 
Volunteers  as  you  can  within  your  Regiment  immeadiately.  properly 
oflicered,  well  armed  and  accoutred,  witli  six  days  provisions  each,  and 
hold  them  in  readiness  to  join  Col"-  Sam'  Herrick  with  a  part  of  his  Re- 
giment, and  to  March  with  him  to  Lake  Champlain  to  secui-e  or  dislroy 
the  Wlieat  now  standing  contiguous  to  S<'  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 
suppl3\  and  ammunition. 

By  order  of  the  Board,  Jonas  Fay,  Sec'^-  P.  T. 

CoP-  Gideon  Warren. 

Similar  orders  were  issued  to  Col"-  Herrick  at  the  same  time  for  the 
the  same  purpose. 

BOAHD  OF  AVak.  Arlington.  80"'  July  1779. 
Resolved,  that  Twenty  ?ix  able  bodied  elTective  men  of  the  Militia  of 
this  State  be  r;iised,  properly  officered  and  marched  to  the  i)ost  at  Rut- 
land liy  the  15"'  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. 

rrivati-s. 

That  Col"-  Fletcher  furnish  for  the  above  purpose,  6 

Col"-  Herrick,  6 

Col"-  Marsh,  6 

Col"-  AVarren.  5 

Col"-  Olcott.  3 

Board  of  War,  Arlington  .'50"'  Julv  1779. 

S'' — Pursuant  toa  resolution  of  the  Board  of  War.  you  are  herel)v  re- 
quired to  raise  live  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  lifteenlh  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.  Tern. 

[No  address  on  the  record.     It  should  have  been  to  Col.  Warren.] 


808  Governor  and  Covneil — Jrdy  1770. 

with  the  Plonorable  the  Congress  oCthe  United  States  of  America,  be  & 
they  are  hereh}^  instructed  to  renair  to  tliat  Hon''''"  Board  as  soon  as  may 
be  and  request  Copies  of  such  Letters  and  the  Resolutions  had  thereon 
in  Congress  (which  relate  to  the  affaii's  of  tliis  State)  as  they  or  cither 

Similar  orders  agreeable  to  the  above  Proportion  was  issued  to  the 
other  Col"^-  at  the  same  time  and  '^nv  the  same  purpose. 

Aklington,  ;}0"'  July  1779. 

giy^ — Pursuant  to  a  Resolution  of  the  Board  of  AVar,  you  are  hereby 
required  to  raise  six  [five,  see  resolution  above,]  able  bodied  effective 
men  of  your  Reginu-nt.  and  oi-der  them  marched  to  the  Post  at  Rutland 
and  delivered  to  the  Commandinir  officer  thereon  the  htteenth  day  of 
Auiiust,  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. 

Uy  order  of  the  Board,  Jonas  Fay,  ^Sec'^-  P.  Tern. 

Cnl°-  Gideon  Warren. 

[This  was  of  course  intended  for  one  of  the  three  colonels  who  was  to 
furnish  six  men.] 

AitLiNGTO.v,  .W'  July  1779. 

Gentlemen, — The  Board  of  War  having  taken  into  consideration  the 
important  matters  contained  in  yours  of  yesterday,  toii^elher  with  repre- 
sentations Ihey  liad  ))reviously  received  from  the  Inhabitants  of  the 
frontiers,  and  by  M-  Fay  who  is  jiresent.  have  come  to  the  following  res- 
olutions, (viz.)  that  C()l»-  Sam'-  Iferi-ick  be  required  to  raise  as  many 
volunteers  as  he  and  the  principal  ofHceis  of  his  Regiment  shall  judge 
necessary  for  Defeating  the  diabolical  cU'signs  of  the  ]iresent  encroach- 
ments of  the  Enemy  on  the  Xortliern  frontiers,  and  to  either  secure  or 
destroy  the  Grain  now  on  the  Ground  near  Lake  Champlain,  and  that 
the  s'l-  expedition  be  carried  into  execution  with  the  utmost  secresy  and 
disjiatch. 

Resolved  that  Col'^-  Gideon  Warren  be  required  forthwith  to  raise  as 
many  Volunteers  as  possible  wiihin  his  Regiment  to  join  Col"-  Iler- 
rick's,  and  act  in  conjunction  with  liim  in  executing  the  above  resolu- 
tion. 

The  necessary  oi'ders  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,  TllOM''-  ClIlTTKNDEN. 

Mr.  Isaac  Tichenar  &  otliers.* 

Board  of  War,  Arlington,  .80"'  of  July  1779. 

8ir, — You  ai-e  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  Equip"^-  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,  JONAS  Fay,  Sec"^-  P.  T! 

Brigadier  Gen'-  \_Ethan']  Allen. 

*  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,  ITil.— Early  History,  p.  471. 


Crovernor  and  Council — July  1779.  309 

of  them  may  Jiulsje  ^N'ecessarv,  and  they  are  further  to  request  a  Copy 
of  Ihe  report  of  the  Committee  appointed  i)y  Conirress  the  lirst  day  of 
June  last  "to  repair  to  the  inliahitants  of  a  certain  di.-<trict  known  hy  tlie 
name  of  tlie  New  Ifamjishire  Grants,'"  and  to  transact  any  otlier  busi- 
ness tliat  concerns  this  State  which  tliey  may  find  necessary. 

Bv  order  of  the  Governor  &  Council.  Josp:i'H  l- ay,  Sec'J-^ 


The  foHowing  resolution  was  not  entered  in  the  record  of  the  Gover- 
nor and  Council.  It  was  o;iven  in  11.  Hall's  Early  History,  p.  30.3,  from 
the  pamphlet  wliich  was  printed  hv  order  of  the  resolution: 

State  of  Vkrmont.     I\  Couxcil,  Arlington,  23^'  of  August,  1779. 

Resolved,  that  the  following  Vindication  be  forthwith  pul)lished,  and 
that  a  Xumber  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  OHicers  of 
tlie  Continental  Army,  for  their  Consideration. 

Per  order  of  the  Governor  and  Council, 

Joseph  Fay,  Sec'ry.'^ 

*  From  the  Record  of  ihe  Board  of  War: 

Arlington,  G^''  August  1779. 

Sir, — The  Hoard  of  War  having  resolved  to  raise  by  inlistmenl  tifty 
able  l)odied  effective  men  as  a  Compan}'  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-Com missioned  officer  and  Soldier  be  allowed  three  pcninds  pf-  monlli 
in  addition  to  his  Continental  Pay;  that  tlie  Cajitain  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  Comiiany  &  L^-  Spen- 
cer of  Bennington  first  Lieutenant,  who  has  accepted  it,  is  left  \vitli  you 
to  nominate  your  other  otflcers.  1  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  ofiicer  and 
soldier.  1  am  Sii'  your  hum'''"^  Serv*' 

Tiio''-  Chittenden. 

Capt.  Parmerly  Allen. 

P.  S. — I  earnestly  desire  you  to  accept  of  this  appointment,  but  if  any 
extraordinaiy  matter  should  prevent  it,  you  will  acquaint  the  bearer 
therewith  that  another  might  be  appointed  without  loss  of  time. 

^  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  Rliode  Island,)  was 
counted  for  Vermont. — See  Vt.  Hist.  Sue.  Coll.,  vol.  ii,  p.  2G8.  For  a 
copy  of  the  Vindication,  see  Appendix  1. 


APPENDIX. 


APPENDIX  A,  No.  1. 


PKOCEEDINGS  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  Yermont;  and  as  the 
state  government  originated  in  that  uprising,  and  was,  for  the  most  part, 
the  work  of  Chittenden,  the  Aliens,  tlie  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  n^membered  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  heartih'  with  the  western  whigs  in  establishing 
Yermont  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 
Yermont,  the  eastern  half  contained  much  the  largest  part  of  the  popu- 
lation. Dr.  Samuel  "Williams  estimated  the  population  of  Cumberland 
and  Gloucester  counties,  [Windliam,  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  vokime  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  Yermont 
Historical  Society  and  the  State  are  under  obligations  for  important  con- 
tributions to  the  history  of  Yermont  in  its  earl^f  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  jiar- 
ticular  acknowledgment  to  these  gentlemen,  in  this  form,  is  justly  due. 


MEETIIN^GS   IN    1774. 
Conventions. 

May  16,  1774,  a  committee  of  correspondence,  consisting  of  fifty  mem- 
bers, was  formed  in  the  city  of  New  York  tor  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.  B}'  accident, 
Doct.  Reuben  Jones  of  Rockingham  and  Capt.  Azariah  Wright  of  West- 
minster^ heard  of  it,  and  immediately  notified  their  towns,  when  a  meet- 

^  Isaac  Low  was  a  leading  merchant  in  New  York,  and  in  1774  a  very 
ardent  wliig,  liaving  been  appointed  chairman  of  the  committee  of  cor- 
respondence. May  2.3, 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  asse.s.  Had 
I  the  voice  whicli  could  be  heard  from  Canada  to  Florida,  1  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  pi-op- 
erty,  he  became  a  loyalist  Avhen  the  British  army  controlled  New  York. 
In  1782,  when  Sir  Guy  Carleton  occupied  the  city.  Low  was  President 
of  the  New  York  Chamber  of  Commei'ce.  The  whig  government.of  the 
State,  however,  attainted  him  and  confiscated  his  propert}-,  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. 

^  Doct.  Reuben  Jones  of  Rockingham,  afterward  of  Chester,  was 
among  the  earliest  and  most  ardent  of  the  whigs  of  Cumberland  County. 


Appendix  J,  No.  1.  315 

ing  was  held  and  a  committee  appointed  iu  each  of  those  towns  to  wait 
upon  the  supervisors  at  their  September  session  and  inquire  whether 
any  papers  had  been  received  which  ouglit  to  be  hiid  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  l!)th 
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  jf  that  meeting,  which  are  entitled  to  the  honor  of  being  the 
first  recorded,  were  as  follows — a  literal  cop}'  from  the  record: 

Chester  Town  Meeting,  Oct.  10,  1774. 
October  3''  1774. 
Request  We  the  Subscribers  Inhabitants  of  the  Town 

for  a  of  Chester  Pesire  Col"-  Thomas  Chandler  as  Clerk 

Town  of  the  Town  Aforesaid  to  Call  a  Town  meeting  to 

Meeting  know  the  minds  of  the  People,  Wither  they  are 

Willing  to  Choose  a  Comty*^  tx)  make  Report  to  s'J  Conitee 
of  Correspondence  and  Whither  the  People 
will  Stand  for  the  Priviledges  of  Korth  America 
or  Wither  tliey  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  Vermont,  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.  AZA.RIAH  Wkight  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 
tlieir  adherents.  In  1778  he  with  twelve  men  went  to  Quebec.  In  1770 
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. 


Wai'iaut 

or 

Notific 

tiori 


Meeting 
opned 

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  8'»  1774 

George  Earl,  David  Hutchinson,  Will""- 
Atwood,  Jonathan  Tarbell.' 

Agreeable  to  the  above  Bequest 
I  hereby  Notify  the  Inhabitants  of 
Chester  to  meet  at  the  House  of  M^- 
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  Dav 
of  Octo>-  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  ot  Meeting  Octo"--  10<i'  1774 

Thos-  Chandler  Esq»'  Chosen  Moderator 

Voted  that  Thomas  Chandler  Juni'  Timo  Olcott, 
Moses  Gile,  John  Smith,  and  John  Grout 
be  a  Comfit'  to  Joyn  with  the  County  Comtee  to  make 
Report  to  s*i  Comf^^  of  Correspondence  in  the 
Metropelous  of  this  Province 

At  said  meeting  Resolved 

1  first  That  the  People  of  America  are 
Naturally  Intitlcd  to  all  the  Priviledges  of 
Free  Borne  Subjects  of  Great  Britain,  which 
Privileges  they  have  Never  Forfeited. 

2  2iy  Resolved  that  Every  Mans  Estate  Honestly 
Acquired  is  his  Own  and  no  person  on  Earth 

'  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  Honi'ie  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  EarFs  company. — See 
B.  H.  Hall's  Eastern  Vermont;  also  record  of  Cumberland  County  Com- 
mittee of  Safety,  Nov.  5-9,  1776,  post. 


Appendix  A,  No.  1.  317 

has  A  Right  to  take  it  Away  without  the 
Projirietor  Consent  unless  he  forfeit  it  l)y 
Some  Crime  of  his  Committing 

8'y  Resolved  that  all  Acts  of  the  British 
Parliament  Tending  to  take  Away  or 
Abridge  these  Rights  Ought  not  to  be 
Obeyed 

4iy  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  p''  Tlio  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  recoi'd,  which  was  published  for  the  first  time 
in  Holt's  New  Yorh  Journal  in  June  177.'5. 

fFrorn  American  Archives,  Fourth  Series,  vol.  Il,  1775,  Cols.  10G5-10fa"6.] 

At  a  meeting  of  the  Committees  from  a  number  of  Townships  in  the 
County  of  Cumberland  and  Province  of -N'ew-York,  held  in  the  County 
Hall,  at  Westminster,  on  the  19th  and  20th  of  October,  1774,  lo  consider 
a  Letter  very  lately  received  from  Mr.  Isaac  Loit\  chairman  of  the  Com- 
mittee of  Correspendence  of  New- Tor k,  dated  3£ay  21st,  1774,  to  con- 
sult on  measures  proper  to  be  taken  at  this  important  day:  present, 
eighteen  Delegates  from  twelve  Towns.' 

Colonel  John  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 

'  Only  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,  HaliAix, 
Marlborough,  and  Woodstock. 

-John  IIazeltinp:  came  to  Townshend  from  Upton,  Mass.,  soon  after 
the  first  settlenicnt  in  1761,  and  was  a  prominent  man  in  the  town  and 
county,  often  called  to  pi-eside  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,  tlie  Boston  Port  Bill,  so  called,  and  divers 
other  late  Acts  of  Hie  British  Parliament;  sundry  debates  being  had 
thereon. 

Voted,  That  John  Grout?  Esquire,  [of  Chester,]  Mr.  Joshua  Wehh.  [of 
Westminster,]  Doctor  Faul  Spooner,  [of  Hertford,  now  Ilartland,].  Mr. 
Edward  Harris,  [of  Halifax,]  and  Major  WilUa^n  Williams,  [of  Marlbo- 
rough,] be  a  Committee  to  lake  into  consideration  the  aforesaid  Letter, 
and  divers  aforesaid  Acts,  and  report  to  this  meeting.  Who  rejiorled  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  coi-ner,  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  jieople  of  this 
County  were  chiefiy  born  in  some  one  or  other  of  the  iVe?«  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  A^nericans  are  deprived  of  that  great  right  of  calling  that 
their  own,  which  they  by  theii  industry  have  honestly  acquii-ed;  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  tree-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  much  as  they  please,  in  direct  breach  of  the  solemn 
compact  between  a  former  King,  (m  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;  foi-  he  who  has  nothing  but  what  another  has 
power  at  pleasure  lawfully  to  take  away  from,  has  nothing  that  lie  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  occasicns,  but  especially  in  selecting  him  as  the 
})erson  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  lo  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.l.  319 

to  settle  as  slaves,  the  privilcijos  of  British  subjects  are  their  privileges, 
and  whoever  endeavours  to  deprive  them  of  their  privileiijes  is  guilt}'  of 
treason  against  the  Americans,  as  well  as  the  Bi'itish  Constitution. 
Therefore  Hesohed, 

I.  That  as  true  and  loyal  subjects  of  our  gracious  Sovereign,  King 
George  the  Thiixl  cf  Great  Britain,  &c.,  we  will  spend  our  lives  and  for- 
tunes in  his  service. 

ir.  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  th(;  late  Acts  of  the  British  Pai'liament  for 
blocking  u])  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  al)ilities. 

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  loalhesome  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  Webh,  John  Grout,  Esquire,  Deacon  John  Sessions,  [of 
Wt'Stiuinster.]  Major  William  Williams,  and  Captain  Jacob  [Joab]  Hois- 
ington,  [of  "NYoodstock.]  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  infiint  Ct>unty. 

VII.  Resolved,  That  Mr.  Chairman  forward  these  Resolves  to  Mr.  Low, 
Chairman  of  the  Committee  of  Correspondence  aX  New-York,  and  com- 
municate to  him  by  Letter  the  reasons  why  his  Letter  to  the  Supervis- 
oi's  of  this  County  was  answered  no  sooner. 

VIII.  Resolved,  That  Colonel  Hazeltine,  the  Chairman,  have  the  thanks 
of  tliis  Committee  for  his  good' services  as  Chairman. 

The  above  Report  being  divers  times  read,  paragraph  by  paragraj)!!, 
Voted,  nemine  contradicente.  That  the  same  be  accepted  as  the  sense  of 
this  meeting,  and  as  then-  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,'  who 

*  See  ante  p.  154  for  notice  of  Mr.  Spaulding. 


320  Appendix  A,  No.  1. 

was  charged  with  treason.     The  ofticial  account  is  as  follows,  as  copied 
from  the  records  of  Dumnierston  by  B.  H.  Hall: 

On  the  2Sth  of  October,  A.  Dom.  1774.  I.ieut.  Leonard  Simulding  of 
the  town  of  Fullham  alias  Dumnierston,  was  Committed  to  the  Coninum 
goal  for  high  treason  against  the  British  tyrant  George  the  third,  by  the 
direction  of  the  infamous  Crean  Brush,  his  attorney,  &  Noah  Sal)in,  Wil- 
liam Willard,  and  Ephraim  Eanney,  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  2yth,  a 
majointy  of  the  inhabitants  met  near  the  house  of  Charles  Daven])oi-t 
on  the  green,  and  made  Choice  of  Sundry  persons  to  Serve  as  a  Commit- 
tee of  Correspondancy  to  joyne  with  other  towns  or  respectable  l)odies 
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.  Josiah  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  Dumnierston,  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  tyi'ant,  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  aftbrgoing  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.^ 


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, 

^  Jacob  Laughton  of  Dumnierston,  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." 

^Account  entered  by  Doctor  Solomon  Harvey  in  the  records  of 
Dummerston.  vol.  i,  pp.  18-20. — See  B.  H.  Hall's  Eastern  Vermont,  pp. 
200-203. 


Appendix  A,  No.\.  321 

appointed  two  delegati's  to  the  proposed  county  convonfion,  and  instnul- 
ed  them  to  use  their  best  endea\'oms  to  j)rocnre  a  vole  of  thanks  to  tin- 
continental  Congress  "for  their  good  services,"  and  an  assuiance  lliat 
the  people  of  the  county  would  '"fully  comply  with  their  advice  and  res- 
olutions." Their  delegates  were  also  directed  to  procure  cn'rlain  in- 
structions to  Samuel  Wells  and  Crean  Brush,  the  repi-eseulatives  nftlic 
county  in  the  New  York  legislature,  one  of  which  was  to  c\vv\  ■•llnii- 
best  skill  and  wisdom''  to  choose  deputies  to  represent  Xew  York  in  the 
congress  of  the  colonies  called  to  meet  at  Philadelpliia  in  the  succeeding 
month  of  May.  On  the  same  day  tlie  peojjh'  of  Duninierslon  also  met, 
adopted  similar  measures,  and  another  whicli  was  |)artii-uiai-ly  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.  SutHcient  to 
px-ocure  100  weight  of  gun  powder,  200  weight  of  Lead  and  ."iOO  Hints,  for 
the  town  use."  This  tax  was  payable  in  '"potasli  salts."  and  a  commit- 
tee was  appointed  to  receive  the  salts.* 

The  County  Convention  met  at  Westminster  on  the  .'50th  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  Xew  York,"  dated  "  Cumber- 
land County  March  23''  1775."  The  ''Relation"  is  copied  entire,  post,  in 
connection  with  an  account  of  the  "  Westminster  Massaci'c." 
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,  jjromising  religiously  to  adhere  to 
that  agreement  or  association.  There  was  a  committee  of  insi)ection 
moved  foi\  to  be  chosen  by  the  county,  according  to  the  second  resolve 
[ll"-''  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."* 

^  B.  H.  HiiWs  Eastern  Vermont,  p.  '204,  citing  the  manuscript  records  of 
Chester  and  Dummerston. 

^  The  attorney  was  probably  John  Grout  of  Chester  ;  the  Justice  may 
have  been  Samuel  Wells  of  Brattleborough — both  being  tories. 

'  The  people  of  Dummerston  were  dissatisfied  with  tlie  failure  of  the  cf)n- 
vention  in  this  important  point,  and  in  town  meeting,  Jan.  3, 1775.  chose  a 
committee  of  inspection  of  seven  persons.  Doctor  Solomon  Harvey  at  theii 
head,  whose  business  it  was  to  watch  "  the  conduct  of  the  inhal)itants  ;" 
and  also,  as  the  acts  of  this  committee  demonstrated,  to  exclude  tories  or 
negligent  whigs  from  every  public  office.  The)'  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  toiy  ;  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. 


822  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  cojlecling  their  dues 
in  the  province  of  Nevv  Hampshire/' — Eastern  Vermont,  p.  204. 

The  i-esolutions  and  artich\s  of  association  of  the  continental  Congress, 
by  adoption,  l)ecaine  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  (l;iy.  Tliey  also  show  the  intense 
patriotism  of  the  country  at  large,  and  the  universal  sj'mpathy  for  the 
persecuted  and  sudering  inhal)itauts  of  Boston.     They  were  these  : 

Dkclakation  and  Resolves  of  the  Continental  Congress. 

Friday,  October  14,  1774. 

Tlie  Congress  met  according  to  adjournnit-nt,  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,  i>xi)ressly  imposed  taxes  on  them, 
and  in  others,  under  various  pretences,  hut  in  tact  for  the  purpose  of 
raising  a  revenue,  hath  imposed  rates  and  duties  payable  in  these  colo- 
nies, estal)lished  a  boai'd  of  commissioners,  with  unconstitutional  |)owers, 
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  ho(\\- 
of  a  county  : 

And  whei-eas,  in  consequence  of  other  statutes,  judges,  who  before  held 
only  estates  at  will  in  their  offices,  have  been  made  deiiendant  on  the 
crf)vvn  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-titth  year  of  the  reign  of  King  Henry  the 
eighth,  colonists  may  be  transported  to  England,  and  tried  there  upon 
accusations  for  treasons  and  mispiisions,  or  concealments  of  treasons 
committed  in  the  colonies,  and  by  a  late  statute,  such  trials  have  been  di- 
rected in  cases  therein  mentioned  : 

x\nd  whereas,  in  the  last  session  of  |)arliament,  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 
h;irl)our  of  Boston,  in  the  |)rovince  of  Massachusetts- Bay,  in  North 
America  ;"'  another  entitled  "  An  act  for  the  better  regulating  the  ])rov- 
ince  of  Massachusetts-Bay  in  Xew  England  ;"'  and  another  entitled  "An 
act  for  the  intparlial  administi'ation  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  etiectual  provision  for  the  government  of  the  province  of 
Cjuebec,  &c.'''  All  which  statutes  ai'e  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  : 


Appcndir  A,  JVo.  1.  ^2^ 

The  goorl  people  of  tlic  several  colonies  of  Xew-IIniiipsliire,  Mas-a- 
chusetts-Ray.  Rhnde-lslaiid  and  Providenee  Plaulations,  ("onneclicni. 
New-York,  New-Jersey.  Pennsylvania.  New-C^astk-,  Kvnt.  and  Sussex  on 
Delaware,  Maryland,  A^ir-xiiiia,  Norlli-Carolina,  and  Soutli-C'arolina. 
justly  alarmed  at  these  ailiitraiy  proeeedin<2:s  of  parliament  and  adminis- 
tration, have  severally  elected,  constituted,  and  ai)|i(>int('d  deputies  to 
meet,  and  sit  in  sreneral  Consrress,  in  the  city  of  Pluladel])hia,  in  order  to 
obtain  such  establishment,  as  that  their  ridi<i;i(m.  laws,  and"  liberties,  may 
not  be  subverted  :  Whereupon  the  deinities  so  appointed  beinii;  now  as- 
sembled, in  a  full  and  free  rei)resentation  of  these  colonies,  takin<i  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  vindicatin<j;  their  rights  and 
liberties,  DECLAPE, 

That  the  inhabitants  of  the  English  colonies  in  North  Amei-ica.  Ity  the 
immutable  laws  of  nature',  the  i)rinciples  of  the  English  constitution, 
and  the  several  charters  or  comjiacts,  have  the  followini!:  KlfJHTS: 

Resolved,  JSf.  C-  D.  1.  That  they  are  entitled  to  life.  lilierty.  and  prop- 
erty: and  they  have  never  ceded  to  any  sovereign  power  whatever,  a 
right  to  dispose  of  either  without  their  consent. 

Resolved,  JS'.  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  liorn 
subjects,  within  the  realm  of  England. 

Resolved,  N.  C  D.  3.  That  by  such  emigration  they  by  no  means  foi'- 
feited,  surrendered,  or  lost  any  of  those  rights,  hut  that  they  wei'e,  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  jjarticipate  in  their  legislative 
Council:  and  as  the  English  Colonists  are  not  represented,  and  from 
their  local  and  other  circumstances,  caimot  ])roperly  be  represented 
in  the  British  i)arliament,  they  are  entitled  to  a  free  and  exclusive  power 
of  legishition  in  their  several  provincial  legislatures,  where  their  right 
of  representation  can  alone  be  preserved,  in  all  cases  of  taxation  and 
internal  polity,  .suiiject  only  to  the  negative  of  their  sovereiun,  in  such 
manner  as  has  been  heretofore  us(m]  and  accustomed:  But,  from  the  ne- 
cessity of  the  case,  and  a  regard  to  the  mutual  interest  of  botli  countries. 
we  cheerfull}'  consent  to  the  operation  of  such  acts  of  the  Jiritish  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.^ 

'  It  will  be  observed  that  this  resolution  was  not,  as  most  were,  unani- 
mousl3'^  adopted -"•  N.  C.  D.''  There  was  a  difterence  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.  Gad.sden  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 


824  Appendix  A,  No.  1. 

Hesolved,  iV.  C.  D.  5.  That  the  respective  colonies  are  entitled  to  the 
common  law  of  England,  and  more  especially  to  the  i^reat  and  inestima- 
l)le  privilejJ^e  of  beinij  tried  by  their  peers  of  the  vicinage,  according  to 
the  course  of  that  law. 

Resolved,  6.  That  they  are  entitled  to  tlu^  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. 

ResoUed,  N.  C  D.  7. — That  these,  his  majesty's  c.»lonies,  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,  JSf.  G.  D.  S. — Tliat  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  ]ieace,  without  the  consent  of  the  legislature  of  that 
colony,  in  which  such  army  is  kept,  is  against  law. 

Resolved,  iV.  C.  D.  10. —  It  is  indisjx'nsahly  necessary  to  good  govern- 
ment, and  rendered  essential  by  tlu^  English  constitution,  that  the  con- 
stituent branches  of  the  legislature  be  independent  of  each  other;  that, 
therefore,  the  exercise  of  legislative  jiower  in  several  colonies,  by  a  coun- 
cil appointed,  during  pleasure,  by  the  crown,  is  unconstitutional,  dangei'- 
ous  and  destructive  to  the  freedom  of  Amei'ican  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  iiower  whatever,  witliout  their  own  consent,  by 
their  representatives  in  their  several  provincial  legislatures. 

In  the  course  of  our  inquiry,  we  many  find  infringemcjnts  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  Fi-ance,]  which  demonstrate  a 
system  formed  to  enslave  America. 

"  Resolved,  JSF.  C.  D.  That  the  following  acts  of  parliament  are  infring- 
ments  and  violations  of  the  i-ights  of  the  colonists,  and  that  the  repeal 
of  them  is  essentially  necessary,  in  order  to  restore  harmpny  between 
Great  Britain  and  Amci-ican  colonies,  viz.  [Here  sevei-al  acts  are 
specified,  including  those  named  in  the  i)reamhle,  and  the  objection- 
able featui'es  of  some  them  are  stated,  ftuch  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  xldams  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,  JVo.  1.  325 

address  to  the  people  of  Great  Brilain  and  a  memorial  to  tlie  inhabitants 
of  British  America  ;  and,  3.  To  prepare  a  loyal  address  lo  his  majesty, 
agreeable  to  resolulions  already  entered  into. 

Articles  of  Association. 

[In  Congress,]  Thursday,  October  'Jt),  1774. 

The  association  l)eing  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  Ne'w-ITampshire,  Massachusetts-Bay,  Rhode-Island,  Connec- 
ticut, Xew-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 Coniiress,  held  in.  the  city  of  Philadelphia,  on  the  fifth  day  of 
September,  1774,  avowing  our  allegiance  to  his  maiesty,  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  aftairs  is  occasioned  by  a  ruinous  system  of  colony  ad- 
ministration, adopted  by  the  British  Uiinistry  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  inu'liament 
have  been  passed,  for  raising  a  revenue  in  America,  for  depriving  the 
American  subjects,  in  many  instances,  ot  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  ojjpressive  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  (Jhio 
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  arbiti-ary  government  therein, 
and  discouraging  the  settlement  of  British  subjects  in  that  wide  ex- 
tended country;  thus  by  the  influence  of  civil  princii)les  and  ancient 
prejudices,  to  dispose  the  inhabitants  to  act  with  hoslility  against  the 
free  Protestant  colonies,  whenever  a  wicked  ministi'y  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  arc  of  opinion,  tliat  a  non-importation,  iifin-consumption,  and 
non-exportation  agreement,  faithlully  adhered  to,  will  prove  the  most 
speedy,  effectual,  and  peaceable  measure:  And,  therefore,  we  do  lor  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  oi"  December  next,  we  will  not 
import,  into  British  America,  from  Great- IJritain  or  Ireland,  any  goods, 
wares,  or  merchandize  whatsoever,  or  fiom  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  i)lantations  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  siave  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  eftectual  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 
lirst  day  of  March  next,  we  will  not  purchase  or  use  any  East-India  tea 
whatever  ;  nor  will  we,  nor  shall  any  person  for  oi-  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  tenih  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  susj^end 
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  i-epealed,  we  will  not  directly  or  indirectly,  ex- 
port any  merchandise  or  connnodity  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  oi'ders,  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,  oeconomy, 
and  industry,  and  promote  agriculture,  arts  and  manufactures  of  this 
country,  especially  that  of  wool  ;  and  will  discountenance  and  discoui-age 
every  species  of  extravagance  and  dissipation,  esiiecially  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.  827 

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  hy  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  t)r  agent,  at  any  time  thereafter,  for  any  com- 
modity whatever. 

Tenth,  Tn  case  any  merchant,  trade)-,  or  otiier  person,  sluill  import  any 
goods  or  merchandize,  after  the  first  day  ot  December,  and  before  the 
tirst  day  of  February  next,  the  same  ought  fortiiwith,  at  the  election  of 
the  owner,  to  be  eitiun-  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  b}'  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  forthwitli  to  be 
sent  back  again,  without  breaking  any  of  the  jiackages  thereof 

Eleventh,  Tliat  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 
tile  end  that  all  such  foes  to  the  rights  of  British- America  may  be  j)ub- 
licly  ku(jwn,  and  universally  contemned  as  the  enemies  of  American  lib- 
erty ;  and  thenceforth  we  respectively  will  break  off  all  dealings  witii 
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 
(!very  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  tiiat  no  undue  advantage  be  taken  of  a  future  scarcity  of 
goods. 

Fourteenth,  And  we  do  further  agree  and  resolve,  that  we  will  have 
uo  ti'ade,  commerce,  dealings  or  intercourse  whatsoever,  with  any  colony 
or  province,  in  Xorth-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  countrj-. 

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  fir 
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  be\'ond  their 
ancient  limits,  deprive  the  American  subject  of  trial  by  jury,  authorize 
the  judge's  certificate  to  indemnify  the  prosecutor  from  damages,  that  he 
miglit  otherwise  be  liable  to,  from  a  trial  b}'  his  peers,  require  oppres- 
sive security  from  a  claimant  of  ships  or  goods  seized,  before  he  shall  be 
allowed  to  defend  his  i)roperty,  are  repealed.  And  until  that  part  of  the 
act  of  the  12  G.  3,  ch.  21,  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 
desci'ibed,  in  America,  may  be  tried  in  any  shire  or  county  within  the 
realm,  is  repealed — and  until  the  four  acts,  jiassed  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  Kandolph,  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.' 


MEETINGS  IN  1775. 
Jan.  30,  1775,  warrants  signed  by  John  Hazeltine,  chairman  of  the 
previous  county  convention,  vvei'e  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. 

CUMBEULANB    COUNTY    CONVENTION,   FeB.    7-9,   1774. 

[From  the  Pingky  Papeks,  filed  "  Coppy  of  the  Doings  of  the  Congress— To  be  Commuuica- 

to  Springfield."] 

At  A  Meeting  of  the  Delagats  of  twelve  Towns  in  the  County  of 
Cuml)erland  Conven'^'  Att  Westminster  and  form'^i  into  a  body  Febuary 
ye  7th  1775^ 

^Journals  of  Congress,  1774-76,  second  edition,  vol.  I,  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  ijrinted  in  any  history  or  record  of 
the  state,  and  are  now  known  by  only  the  few  persons  who  have  ex- 
amined the  iournals  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.\.  329 

Istiy  Voted  that  John  Ilnzolton  be  the  Cliarenian  to  tlie  Convention. 

2'>'  that  Doe'-  Paul  Sjiooner  be  the  Clerk. 

8i>'  put  to  vote  wheather  the  Convention  advise  to  the  Choise  of  Held 
officers  and  past  in  the  negatives 

4i>'  put  to  vote  the  Articul  which  piovides  an  Apeal  fVoni  a  Justice 
Court  and  past  in  the  negative. 

5'>'  this  meeting  is  Ajorn''  to  ^I''-  Nortons'  at  Seven  o clock  this  Eve- 
ning. 

(j'y  Met  According  to.ajornnient. 

7'>"  Ajorn'^  to  Deacon  Ranneys-  to  meet  tomorrow  morning  Eight 
o  clock. 

8'y  Met  Eight  o  clock  According  to  Jornment. 

9'y  that  this  Convention  Recomend  il  [to]  their  Const  itutiants  to  chuse 
a  Man  for  their  Supervisor  at  the  next  Anual  meeting  such  as  they 
would  chouse  if  they  w-are  to  send  him  to  Xew  york  as  their  Assembly- 
man; that  so  the  Supervisors  ma}'  select  Two  men  out  of  their  body, 
such  as  they  shall  think  most  projjcr;  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. 

lO'y  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  fulloni, 
[Fulham — Doct.  Solomon  Harvey  of  Dummerston;]  !>3'atlianiel  Frinch 
[French]  of  Brattleborough;  W'""  Bollock,  [Hullock.]  Hezekiah  Stowell 
[of]  Guilford;  Lieu*-  Partcrson  of  Ilinsdall  [Eleazer  Patterson  of  Hins- 
dale, now  Vernon;]  Edward  Haries  [Harris]  of  Halifax;  Charles  Philips 
[Phelps,]  Capt-  [Francis]  Whitmore  of  Marlborough;  Elijah  Olvord 
[of]  Draper,  [Elijah  Alvord  of  Wilmington;]  Sam'-  Roliertson  of  New- 
fain;  John  Hazelton  [Hazeltine,]  &  Sam'-  Fletcher  [of]  Townshend; 
Jeams  Rogers  [of]  Kent  [now  Londonderry;]  Moses  Guild  [of]  Chester; 
Moses  Wright,  &  Jonathan  Burt  [ot  ]  Rockingham;  Simon  Stephens  Es(|: 
Springlield;  Hezekiah  Grout  &  Oliver  Rider  [of ]  Wheatherslitdd;  Ben- 
jamin Wait  [of]  Windsor;  Paul  Spooner  [of]  Hertford  [now  Hartland;] 
Esq.  Burch  [of]  Heartford  [Jonathan  Burk;]  Jacol)  Haseltf)n  [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.  HalTs  Eastern  Vermont,  pp.  221,  752. 

-Deacon  and  Captain  Ephraim  Ranney's  tavern  was  in  tin-  whig 
West  Parish  — See  Eastern  Vermont,  j))).  148,  445,  752. 

'In  the  copy  made  by  Judge  James  H.  Phelps  of  Townshend,  Jacob 
Iloisington  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  iti,  198.  B.  H.  Hall  names  "  Capt.  Joab  Hoisingtou 
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,  ,Lan.  4,  1776,  and  Major 
of  Rangers,  July  24,  1776.— See  Eastern  Vermont,  pp.  200,  771,  772.  U 
is  niost  probable  that  Joab  Hoisington  of  Woodstock  was  the  person 
intended  as  one  of  the  above  Standing  Connnittee  of  Correspondence, 
for  the  additional  reason  that  Windsor  was  represented  by  Benjamin 
23 


330  Appendix  A,  No.  1. 

of  Pomfrot;]  he  a  Standing  Ci)miniUee  of  Correspondence  to  Corres- 
pond with  the  Coniniitlce  of  Correspoudance  tor  the  City  of  Newyork; 
and  other  Committees  of  Correspondanco  Elsewhere.' 

llf'-  voted — That  Col.  John  Ilazelton  be  Chareman  of  the  Committee 
of  Correspoudauce. 

12'i'-  voted  that  Doc*-  Paul  Spooner,  Joshua  Webb,  Abijah  Lovejoy, 
Solomon  Hervey.  and  Cap'-  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,  Co'-  Ilazelton. 

13tii.  Yoted  that  this  meeting  be  ajorn''  to  thursday  the  ninth  Day 
Eight  "Clock  in  the  morning. 

14"'-  Thursdaj^,  Met  according  to  Ajornment. 

15*''-  voted  that  in  order  to  the  better  Calling  Conventions  for  the  fu- 
ture, be  it  Ordered  that  on  the  Application  ot  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  live  towns  by  their 
Committees  that  then  A  Meeting  shall  be  Called  Emediately. 

16"'-  voted  that  Co'-  Hazelton  be  impower''  to  Call  the  County  to- 
gether, by  way  of  their  Delegates,  on  any  important  immergence,  and  he 
is  impowered  Accordingly. 

17"'-  Voted— That  Charles  Phlpes  [Phelps]  Esq  &  Doc*-  Solomon 
ITervy  [Harvey]  be  a  Committee  to  prepair  Extracts  from  the  votes  and 
proceedings  of  this  Congress  for  pulilication  So  far  as  they  Refer  to  the 
publick,  with  some  References  to  the  former  proceedings  of  the  like 
jSTature. 

Igtii-  Voted  that  Doc*-  Solomon  Hervy  Shall  in  the  Absence  of  the 
Clerk  Make  use  of  the  Clerks  Name  in  any  matter  or  thing  that  shall  be 
tliought  nesessary  Relative  to  this  Convention. 

lyth.  v^oted  that  this  Convention  Return  their  Sinsear  thanks  to  the 
Chareman  &  the  Clerk  for  their  Cood  Services. 

20''''-  thai  this  meeting  be  ajoirnd  without  Day,  &  it  was  ajoirnd  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,  ^bene^e?"  Hoisington  represented  Windsor  in  the  Dorset  Conven- 
tion of  Sept.  2.5,  1770,  the  Westminstei-  Conventions  of  October  30, 
1776,  and  January  1.5,  1777,  and  the  Windsor  Convention  of  June  4,  1777. 

'B.  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  owXy 
twelve  were  rei)resented  in  the  Convention. 

-  Ira  Allen  chara(;terized  the  killing  of  William  FitENOii  and  Daniel 
Houghton  as  "  that  odious  and  never  to  l)e  forgotten  massacre.''''  In 
"  VermonVs  Appeal,'''  by  Hon.  Stephen  Row  Bradley  of  Westminster,  it 
was  charged  as  ^'■shedding  innocent  blood  ;"  and  six  years  after  the  atlray, 
citizens  of  Rockingham,  in  a  petition  to  the  General  Assembly,  described 
it  t\:i  "  the  shedding  the  first  Blood  that  was  shed  in  America  to  support 
J'.rilfnnic  Government,  at  the  Horrid  and  Never  to  be  for  Got  Massacre 


Appendix  A,  No.  1.  331 

lie  opinion  in  tliat  section  of  the  state  against  New  York,  wliose  otVicers, 
it  was  cluirged,  were  responsible  for  the  shedding  of  innocent  blood  at 
Westminster  on  the  13th  of  March,  1775.  The  tacts  of  the  case  may 
therefore  litl}'  tind  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  an  account  of  the  affair,  which  was  publislied  in  New  York 
city,  in  Holt's  New  Yoi-k  Journal,  on  the  2.')d  of  March,  1775.  It  is  the 
tory  account,  as  is  sutticiently  evident  I'roni  Ihi!  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  couil'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  tire  was  immediately  re- 
turned from  the  Court  Hoiise,''  &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  J)ecame  essential  to  show  that  the  whigs  fired /irsi  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.  Ki:ubkn 
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  the}' 
[the  sherill  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  THEoniiLUS  Crawford,  that  "  the  whigs  had 
not  so  much  as  a  pistol  among  them  ;"  of  C^lyin  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  oc(;ur  until  the  succeeding  month  of  April. 
'  It  was  expected  this  would  be  effected  l)y  petition,  without  violence. 
— See  the  "  Relation  "  by  Reuben  Jones. 


332  Appendix  A,  No.  1. 

save  those  knocked  down  by  the  chib  of  Piiilltp  Safford."  Again, 
in  reference  to  the  tory  statements,  he  said  :  "•  they  are  all  fudge  !  that 
there  were  no  weapons  carried  or  used  by  the  lil^erty  men,  except  the 
above-mentioned  clubs.  This  is  a  fixed  fact."  On  the  other  hand,.  Ihe 
officers  of  the  court  say,  that  the  "rioters  fought  violently  willi  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  ol  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  efi'ect. 
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  br  ten  of  them.  The  atfray  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  Ihe  offi- 
cers of  the  court  that  the  sheriff's  posse  was  armed  in  preparation  for  an 
assault,  while  the  whigs  denj^  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.* 

The  two  accounts  of  this  affair,  which  are  of  the  highest  authority,  are 
"  A  Belation,''''  drawn  by  a  committee  of  the  whigs,  a2)pointed  at  West- 
minster on  the  15th — the  second  day  after  the  "  massacre;"  and  ''  State 
of  the  J^acis,"  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  CuMiiERLAND,  and  Province  of 
New-York. 

In  June,  1774,  there  were  some  letters  came  to  the  sujiervis.irs  of  said 
county,  from  the  committee  of  correspondence  at  New- York,  signed  by 
their  chairmaai,  Mr.  Low  ;  which  letters  said  sui)ervisors,  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  tliem  until 
this  time,  had  it  not  been  by  accident  that  it  was  whispered  abroad,  so 

*  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  artair,  from  both  official  and  other  sources,  see  B.  H.  Hall's 
Eastern  Vermont^  pp.  209-241  and  746-755. 


Appendix  A,  No.  1 .  338 

tli;it  Di-.  Keiihcn  Jones  ol'  Roc-kini^liam,  and  ('apt.  A/.aiiali  Wright  of 
We.stminster  lu'ard  of  it,  aiul  took  pidiJiT  care  lo  notity  those  towns.  A 
meeting  was  eaUed  in  llie  two  towns  af'oi'esaid,  and  a  eoniniittee  was 
cliosen  hy  each  town,  lo  wait  on  the  supeivisors,  at  (heir  meeting  in 
Septeniher.  to  see  iftliere  were  any  i)ai)ers  thai  should  he  laid  belbie  tlie 
several  towns  in  (he  eounty  ;  and  they  found  (hat  (here  were  papers 
come  from  (he  commidee  of  eorresjxmdenee,  that  should  liave  been  laid 
before  the  towns  in  June.  The  supervisors  made  many  excuses  for  (heir 
conduct  :  some  plead  ignoranci',  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,  withoul  ever  laying  them  before  their  con- 
stituents ;  whicli  ])rincii)le,  at  this  day,  so  much  prevails,  that  it  is  the 
undoing  of  (he  people.  Men,  at  (his  day,  are  so  tainted  with  the  j)rinci- 
ples  of  tyranny,  that  they  would  fain  believe,  that  as  they  are  chosen  by 
liie  i)eople  to  any  kind  of  otlice,  tor  any  jiarticular  thing,  that  the}'  have; 
the  sole' power  of  that  people  by  whom  they  ai'e  chosen,  and  can  act  in 
the  name  of  that  peo])le  in  any  matter  or  thing,  though  it  is  not  in  any 
connection  with  wha(  (hey  were  chosen  for.  lint  (he  commi((ees  would 
no(  consent  (o  have  a  re(urn  made,  until  every  town  in  the  county  had 
Mr.  Low's  letters  laid  before  (hem  ;  which  was  done,  and  a  county  con- 
gress Avas  called  ;  return  was  made,  a  committee  was  chosen  to  see  that 
it  was  jnit  in  ]irint ;  but,  through  in(eres(,  or  otherwise,  it  never  was  pub- 
lished in  any  of  (he  papers. 

Immediately  after,  the  people  of  the  count}'  aforesaid  received  the  re- 
solves of  (he  continental  congress.  They  called  a  county  congress,  and 
did  ado])t  all  the  I'esolves  of  the  continental  congress  as  theirVesoJves, 
promising  religiously  to  adhere  to  that  agreement  or  association.  Tliere 
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,  imper(inen(  thing,  the  delegates  dared  not  choose 
one.  At  this  time  there  were  tt)ry  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  o])portunity  to  collect  debts,  knowing  that 
men  had  no  other  way  (o  ])ay  them,  than  by  having  their  estates  taken 
by  execution,  and  sold  at  vendue.  There  were  but  very  few  men  among 
us  that  were  abU^  to  buy  ;  and  those  men  were  so  disposed,  that  they 
would  take  all  the  world  into  (heir  own  hands,  withou(  paying  any  thing 
for  i(,  if  (hey  could,  by  law  ;  which  would  soon  bring  (lie  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  nian  they  ])ut  into  close  prison  for 
high  treason  ;  and  all  that  (hey  proved  against  him,  was,  that  he  said  if 
the  King  liad  signed  (h<'  (^Hiebic  bill,  it  was  his  opinion  that  he  liad  broke 
his  corona(ion-oa(h.^  Jju(  the  good  people  went  and  opened  the  prison 
door  and  let  him  go,  and  did  no  violence  (o  any  man's  person  or  proper(y. 

Our  men  in  ottice  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  tor  the  Bay-Province,  but  it  was  childish  for  us  to  pay  any  regard  to 
them.  Some  of  our  court  would  l)oldly  say,  that  the  King  had  a  Just 
righ^  to  make  the  revenue-acts,  for  he  liad  a  supreme  power  ;  and  he 

'  Leonard  Spaukling  of  Dummerston'. 


o34  Appeyidix  A,  yo.  1. 

that  said  otherwise  was  j^uilly  of  ]iii;li  1  reason,  ami  lliey  did  Iiojie  that 
they  would  be  executed  ficcordinu;ly.  The  jx.'ople  were  of  opinion  that 
sueh  men  were  not  suitable  to  lule  over  tlu'in  :  and,  as  tlu;  j^eneral  as- 
sembly of  this  Province  would  not  accede  to  the  association  of  the  conti- 
nental congress,'  the  good  people  were  (jf  ojjinion,  lh;if  if  they  did  accede 
to  any  ])ower  fVom  or  uudei-  them,  they  would  be  guilty  of  the  breach  of 
the  14tli  ;n-ticle  of  that  assoeiation,  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 
a|)pear  plain  by  their  not  acceding  to  the  best  method  to  procure  their 
libei'ties,  and  the  executive  jxiwer  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  tlii^y  tliought  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  wliat  our 
general  assembly  had  done,  in  not  acceding  to  what  the  whole  continent 
had  recommended  ;  and  that  all  America  would  break  oft'  all  dealings 
and  commerce  with  us,  and  bring  us  into  a  state  of  shivery  at  once. 
Therefore  in  duty  to  God,  ourselves,  and  posterity,  we  thought  oui'selves 
under  the  strongest  obligations  to  resist  and  to  oppose  all  authority  thiit 
would  not  accede  to  the  resolves  of  the  continental  congress.  But  know- 
ing that  many  of  oin-  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  (!o].  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  thinss  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  otlier  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  ;  an*'  he 
would  go  down  to  court  on  Monday  the  l.'Jth  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.  ITe  said,  that  our  comjiany  would  be  vei-y 
agreeable  ;  likewise  he  retui-ned  us  liis  heaily  thanks  for  our  civility,  and 
so  we  parted  with  him. 

We  heard  from  the  southern  \)avi  of  the  state,  that  Judge  ISabin  was 
very  earnest  to  have  the  law  go  on,  as  well  as  many  petty  ofticeis. 
There  were  but  two  judges  in  the  county  at  that  time,  Col.  Wells  being 
gone  to  iNew-York."  There  was  a  great  deal  f)f  talk  in  what  manner  to 
stop  the  court  ;  and  at  length  it  was  agreed  on  to  let  the  court  come  to- 
gether, and  lay  tlie  reasons  we  had  against  their  proceeding,  before  them, 
thinking  they  were  men  of  such  sense  that  they  would  hear  tliem.  IJut 
on  Friday,  we  heard  that  the  court  was  going"  to  take  possession  of  the 
house  on  the  13th  inst.,  and  to  keep  a  strong  guaixl  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  wei-e  de- 
termined that  our  grievances  should  l)e  laid  before  tlie  court,  liefore  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.     Ikit 


j^ 

^  The  New  York  association  was  not  adopted  until  April  following. 
*  The  court  was  to  sit  on  the  14th.~See  '•'■  tState  of  the  Facts'^  by  the 
officers  of  the  court. 


Appendix  A,  No.  1.  8:^5 

we  Iiiul  bill  just  c'liU'iX'd,  hcforc  wc  vviTc  aljiiimd  by  :i  hirifc  miiiiber  ol' 
moil,  aiinc(l  uilb  miiis,  swords  and  pistols.  But  we,  in  the,  liou.se,  hud  not 
any  ireajKDis  of  mar  among  us,  and  were  detennhied  that  theij  s/iouhl  not 
come  in  with  their  weapons  of  war,  e.rcept  by  the  force  of  them. 

Es(|.  I^altt'i'soii  caiDL'  up  at  tin."  licad  of  liis  arim-d  coinpaiiy,  witliin 
about  live  yards  olllu'  door,  and  coniinanded  us  lo  dis]ii'r.SL'  ;  to  wliicli  he 
ifot  no  answer,  lie  then  caused  llie  King's  Proclanialion  to  hi;  read,  and 
lold  us,  that  if  we  did  not  dis])eisu  in  lifteen  iniiuites,  by  G — d  be  woiUd 
1)low  a  lane  tbrouujb  us.  We  told  bini  tbat  we  would  not  disperse.  We 
lold  tliem  tbat  they  niigbt  come  in,  iftbey  woidd  unarm  tbemselves,  but 
not  wilboul.  One  of  our  men  went  out  at  tbe  door,  and  asked  Ibem  if 
they  had  come  for  war  ;  told  them  that  we  were  eome  for  peaee,  and  tliat 
we  should  be  n'lad  to  hold  a  ])arley  with  them.  At  that,  Mr.  Gale,  the 
clerk  of  the  court,  drt;w  a  pistol,  held  it  up,  and  said,  d — n  the  parley  witli 

such  d d  rascals  as  you  are  ;  1  will   hold  no  ])arley  with  such   d d 

rascals,  but  by  this, — holdini;  up  his  pistol.  They  gave  us  very  harsh 
language,  told  us  we  should  l)e  in  hell  before  morning  ;  but,  altera  while, 
they  drew  a  little  olf  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  wc 
could  get  from  them,  was,  that  the}^  would  not  talk  with  such  d d  ras- 
cals as  we  were  ;  and  we  soon  returned  to  tlu'  house,  and  they  soon  went 

otr.  • 

Col.  Chandler  came  in,  and  we  laid  the  case  before  him,  and  told  him 
that  we  had  his  word  that  there  should  not  be  an\'  arms  Ijronght  against 
us.  He  said  that  tlu;  arms  were  brought  without  his  consent,  but  he 
would  go  and  take  them  away  from  them,  and  we  should  enjoy  the  liouse 
undisturbed  until  morning  ;  and  that  the  court  should  come  in  tlie  moiii- 
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  theirparty  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  tlie  doors,  and  the  walk 
was  crowJed.  Immediately,  the  sherilf  and  his  comjiany  marched  up 
fast,  within  about  ten  rods  of  the  door,  and  then  the  word  was  <riven,  take 
care,  and  then.  fire.  Three  fired  immediately.  The  word  lire  was  re- 
peated ;  G — d  d — n  you  fire,  send  them  to  bell,  was  most  or  all  the  Avords 
that  were  to  be  heard  for  some  time  :  on  which,  there  were  several  men 
wounded  ;  one  was  shot  with  four  bullets,  one  of  \('liich  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  ])rison,  they  took  and  draggi'd  him  as  one  would  a  dog; 
and  would  mock  him  as  he  lay  gas])ing,  and  make  sport  for  themselves, 
at  his  dying  motions.  The  people  that  escaped  tt)ok  prudent  care  to  no- 
tify the  i)eo|)le  in  the  county,  and  also  in  tlu-  government  of  New-Hamp- 
shire, and  the  Bay  ;  which  being  justly  alarmed  at  such  an  unheard  of 
and  aggravated  piece  of  murder,  did  kindly  interi)ose  in  oui-  favour. 

On  Tuesday,  the  14lh  inst  about  12  o'clock,  neaiMy  ■2(¥J  mcMi,  well 
arnxed,  came  from  Xew-Hampshire  government  ;  and  before  idghl  there 
were  several  of  the  jieople  of  Cuml)erland  county  returned,  and  took  up 
all  they  knew  ot,  lliat  wen;  in  the  horrid  massacre,  and  confined  them 
under  a  strong  guard;  and   afterwards  they  confined  as  many  as  they 


336  Appendix  A,  No.  1. 

could  ,i;el  cvidiiict^  a^aiusl,  L'xci'pl  several  lluit  did  escape  I'or  llieir  lives. 
On  the  ITjIh  iiist.  the  Ixxly  tbi-med,  eliose  a  moderator  and  clerk,  and 
chose  a  connnitlee  1)  see  that  the  coroner's  jury  ofin(|uest  were  jusl,  im- 
partial men  ;  which  jury  on  their  oath  did  bi-ing  in,  that  W.  I'atterson, 
&c.  &c.  did,  on  the  l."*)th  Maich  inst.,  by  force  ancl  arms,  make  an  assault, 
on  ttic  body  of  William  French,  then  and  tlu're  lying  dead,  and  shot  him 
through  the  head  witii  a  bullet,  of  which  wound  he  died,  ;uul  not  other- 
wise.' Then,  the  criminals  were  confined  in  close  i)rison,  and,  on  the 
evening  of  the  same  day,  and  early  the  next  morning,  a  large  numbei- 
came  from  the  southern  part  of  the  county  of  Cumberland,  and  the  Bay 
Province.  11  is  computed,  that  in  the  whole,  there  were  500  good  mar- 
tial soldiers,  well  e(jui])ped  foi'  war,  that  had  gathei'cd.  On  the  IGth  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  re])resent 
the  whole,  and  that  this  committee  should  ctmsist  oi  men  who  did  not 
belong  to  the  county  (jf  Cumberland,  as  well  as  of  those  that  did  belong 
thereto  :  which  was  done.  After  the  most  critical  ari'i  im[)aitial  exam- 
ination of  evidence,  voted,  that  the  heads  of  them  should  be  confined  in 
Northamjjton  jail,  till  they  could  have  a  fair  trial  ;  and  those  that  did 
not  appear  so  guilty,  should  be  under  bonds,  ln)lden  to  answer  at  the  next 
court  of  oyer  and  terminer  in  the  county  aforesaid  ;  which  was  agreed  to. 
On  the  17th  mst.  bonds  were  taken  for  those  that  Avere  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  interjxjsition  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  b}'  the  dispen- 
sations of  divine  providence,  we  are  called  thereto. - 

Signed  by  order  ol' the  Committee.  IIeubkn  Jomes,  Clerk. 

Cuniherland  County,  March  23d,  1775. 

'  The  report  of  the  connier's  jury  was  as  follows: 

New  York 

Cumberland  County.  An  Inquision*  Indented 

*fc  Taken  at  AVestminster  the  lifteenth  Day  of  March  one  Thousand 
Seven  Hundred  and  Seventy  tive  before  me  Tim"  Olcott  Gent  one  of 
the  Corroners  of  the  County  atbre  Said  uiion  the  Yeiw  of  the  Body  of 
William  French  then  and  there  Lying  Dead  upon  the  oaths  of  Tho**  Ams- 
den  John  Avorll  Josejih  Pierce  Natha^'  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  W'" 
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  Bod}- 
of  the  Said  W'"  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. 

^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. 


Appendu-  A,  No.  1.  8:57 


StaTK  of   TIIK    KAtTS. 

Nt^w  York  County  ofCiiDihcilaiKl  coiiit  ot  «-oiiiinoii  IMcms,  And  t-oiirl 
ofGenernl  Sessions  of  I  In-  I'caci'  lioldiMi  at  tlic  coiiil  Ilonsc  in  Wcsimins- 
tor  this  Foiirti'cntli  Day  of  March  A.  1).  177;").  Whereas  a  vei-y  nielan- 
eiiollv  and  unhappy  all'air  Ilap])ene(l  al  this  Place  in  tlic  evening  ofyester- 
day  Tile  tliii-teentli  Instant  and  Wiu'rcas  it  may  lie  that  the  Same  may 
lie  represented  very  Ditl'erent  Fi'om  wiiat  Tiie  saiui  really  was  \\v  his 
majesty's  ,Iu(l<r«'s  an<l  Justices  of  the  said  Courts  heimj  cinelly  Ihere 
Present  have  Thought  it  our  Duly  lluis  to  relatt'  a  true  stale  of  llu'  Facts 
Exactly  as  they  happened. 

Many  threats  IiaviuLi;  foi'  scvei'al  'J'einis  past  hjL'cn  Tlnow  n  nul  hy 
evil  minded  persons  lliaf  they  would  With  Violence  hreak  up  and  Des- 
troy llie  courts  ol'oui'  Sovei"ei;Lrn  Loi'd  the  kin<i  in  this  conn ly  and  thi'eats 
of  A  more  Darini^  and  ahsolute  nature  than  formerly  haviui^  hecn  thrown 
out  hy  certain  Kvil  Minded  persons  Ai;ainsl  tlu'  setliiii:-  of  this  preseiii 
Court  the  Sherilf  tho't  it  Essentially  necessar}'  to  raise  a  Posse  l-'or  I  he 
Courts  Protection  and  having;  Raised  ahout  si.xty  Men  aimed  some  With 
Guns  and  some  with  staves  he  arrived  At  llieir  head  licfore  (he  Court 
House  al)out  live  o'clock  In  the  afternoon  of  yesterday  When  to  the  Great 
Surprise  of  the  said  Sherifl  and  Posse  they  found  the  court  house  Taken 
into  Possessi(Ui  and  the  several  Doors  thereof  (Juarded  i>y  a  laiiic  num- 
her  ol'Kioters  (su])posed  to  be  ahout  an  Hundred  in  the  whole)  armed 
With  cluhs  and  some  Pew  fire  ai-ms.  The  Sherill  tlu-n  endeavored  to 
Go  in  at  the  Door  of  the  court-innise,  hut  was  picvenled  hyThrt'ats  And 
menaces;  whereupon  he  read  the  King's  I'roclamatioii,  with  a  very  loud 
voice  commaiidini;'  In  his  Majesty's  name  all  jiersons  unlawfully  as- 
•sembled  Immediately  to  Depart,  and  thereuiion  Demaiuled  Entrance 
ag:\in  Hut  was  again  refused  and  Prevented  hy  threats  and  menaces  as 
Before.  The  Sherilf  then  told  the  Rioters  that  he  would  Leave  them  a 
short  tinie  to  consider  of  their  behaviour  And  to  Disperse,  and  if  they 
would  not  afteiwards  allow  Him  Entrance  into  the  said  court-housi' 
That  he  would  Absolutely  Enter  it  hy  force.  I>ul  tin;  Rioters  made 
scotTnt  this'Measui'c  replying  the  hardest  must  tend  otf.  The  l\iotei's  a 
little  lime  afterwards  wanted  to  choose  committees  to  Parley  luit  was 
answered  that  they  could  not  Parley  to  consider  whether  the  King's 
Court  Should  i)roceed  or  not.  Judge  Chandler  inforiiu'd  them  that  if 
they  had  any  real  grievances  to  comjilain  of  if  lliey  would  Present  a 
Petition  totiie  court  when  sitting  it  should  be  heard  the  Sherilf  then  gave 
the  Posse  Liberty  To  i-efresh  themselves  and  about  two  Hours  afterward 
He  Brought  the  said  Posse  Refore  the  courthouse  again  and  then  again 
Demanded  Entrance  in  his  majesty's  Xame  but  was  again  refused  in 
like  manner  as  Before  Wlu'reupon  he  told  them  that  he  would  Absolute- 
ly enter  it  Eitiier  (^)uietly  or  by  force  and  conunanded  the  Posse  to  fol- 
low close  to  him  which  they  Accordingly  Did  and  giMting  neai'  The 
Door  he  was  struck  several  Blows  with  clubs,  which  he  had  the  Good- 
ness in  General  to  fend  ofi'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  n)ade  of  them  above,  and  moreover  Lieut. 
Gov.  Golden  of  New  York,  in  an  otlicial  disiiatcb  to  Lord  Dartmouth, 
expres.sly  exonerated  them,  adding,  however:  "  Yet  1  make  no  doubt 
they  will  be  joined  by  the  Bennington  Rioters,  who  will  endea\or  to 
make  one  common  cause  of  it,  though  they  have  no  connection  but  in 
their  violence  to  Government." — See  Eastern  Vermont,  pp.  2;}!»,  240. 


338  Appendix  A,  No.  1. 

up  the  steps,  and  The  Ftioters  rersislinii  in  niaintaininLj  Their  Grniiiul, 
he  onlered  some  of  Ihe  Posse  to  (ire,  which  tliey  accor(lin<j;ly  did.  The 
Riotri-s  tlieii  f'oii«;!it  Violciitlv  with  tlicnr  clul)s  and  lired  sotn(>  few  tire 
arms  at  tlie  I'osse  by  wlucli  Mr.  Justice  IJutterfield  received  a  sliirht  shot 
in  tlie  :ii-m  ;uiil  another  of  tlie  I'osse  received  a  sliijht  shot  in  the  head 
with  I'istol  IJulU'ls:  l)ut  ha))pily  none  of  the  Posse  weie  mortnlly  wound- 
ed. Two  persons  of  tlie  Itioiers  were  T)nn2:(>rous]y  wounded  (one  of 
wliom  is  since  de;i(l)  and  several  otjiers  of  llie  llioters  were  also  wound- 
ed hut  not  Dan<;erously  so.  Eiijhl  of  the  Rioters  were  taken  piMsoners 
(includin;::  The  one  whicli  is  since  Deiid)  &  the  wounded  wei'e  taken 
care  of  l)y  Doct.  Day,  Doct.  Hill  and  Doct.  Chase.  The  latter  of  which 
was  iniineadiately  sent  for  on  Purpose.  The  rest  of  the  Rioters  Dis- 
persed <:ivin<;  out  Threats  that  they  would  collect  all  the  force  Possible 
and  would  retui'n  as  on  this  Day  to  revenge  themselves  on  the  Sheritl 
and  on  sevei'al  others  of  the  Posse. 

This  13eina  a  true  state  of  the  facts  without  the  least  Exaggeration 
on  the  one  side  or  Diminution  on  the  other  We  humbly  submit  to  Every 
Reasonal>le  InhahitanI  whether  his  majestj'^s  courts  of  Justice  the  (ri'aud 
and  only  security  Foi-  the  life  libeily  and  pr()))erty  of  the  i)ub!ick  should 
Be  trampled  on  and  Destroyed  \yhereh3'  said  persons  and  jn-operties  of 
individuals  nuist  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  asseml)le  themselves  forth- 
with for  the  Protection  of  the  I^aws  and  maintenance  of  Justice. 
Dated  in  open  Court  the  Day  and  Year  Aforesaid. 

Thomas  Cliandlei', 

Noah  Sabin. 

Step'h  Greenleaf, 

Benfa  Butterlield, 

Bildad  Andross, 

S.  Gale,  Clk. 


CONVKNTION   AT  West^IINSTER,  ApRIL    11,  177"). 

At  a  meeting  of  Connnitlees  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.  VOTEl>,  That  Dr.  Reuben  Jones  ])e  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  (lesigniuLi-  administration  of  the  government 
of  New  York  ;  sundrv  instances  having  already  taken  jilace. 

4.  VOTF:D,as  oui-  ojiinion,  that  the  lives  of  those  inhai)itants  are  in  the 
utmost  hazard  and  imminent  danger,  under  the  present  administration, 
Witness  the  malicious  and  horrid  massacre  of  the  night  of  the  l.'Jtii  nil. 

5.  Voted,  as  our  opinion.  That  it  is  the  duty  of  said  inhabitants,  as 
predicated  on  the  eternal  and  immulahie  law  of  self-])reservation,  to 
wiiolly  i-enounce  and  resist  the  administration  of  the  government  of  New- 
York,  till  such  time  as  the  lives  and  property  of  those  in!ial)itauts  maybe 
secured  hy  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  unjustilial)le  comluct  of  that  govern- 
ment ;  with  an  lunnble  petition,  to  be  taken  out  (jf  so  oppressive  a  juris- 
diction, and,  either  annexed  to  some  other  government,  or  erected  and 


Appendix  A,  No.  1.  P..SO 

iiUMirporated  inio  a  new  one,  :is  may  appear  Ix'sl  to  tlic  s;ii(l  iiilial)ilaiils. 
Ill  flu!  royal  wisdom  and  flomcucy/and  to  sucli  time  as  liis  Mnjesly  sliail 
settle  this  eontroversy. 

6.  Voted,  That  Colonel  ,IoIin  Il.-i/.eliine.  Charles  IMielps.  Ks,]..  and 
(/'olonel  Ethan  Allen, be  a  Committee  to  prepare  such  renionsiiancr  and 
petition  for  Ihe  purpose  aforesaid. — Slade's  State  Paj)ers,  p.  (HI. 


Ci^MnKiiLANi)  County  CoN(ii;Kss  at  \Vkstminsii:i;.    .Icnk  (i.  ITT'). 

In  May,  177i),  a  Provincial  Conijjress  of  iht>  several  couniies  \\:\,\  l.cen 
railed  to  meet  in  Xew  York  city,  and  the  delegates  of  nine  counlii-  did 
meet  on  the  •22d  and  organize  as  a  (Jongress  on  the  ^'Ul.  No  d(d(uali;s 
appeared  from  the  territory  of  Vermont  until  the  24th,  when 

John  WilUanis  and  William  3farsh.  from  Charlotte  Couiwy.  appeared 
in  Congress  and  produced  a  Certificate  signed  by  fourteen  <rentlemen. 
the  respective  Committees  of  White  Creek,  Camden,  [X(>w  York,]  .1;-- 
lington,  Manchester,  Dorset,  Rupert,  Pnwlett,  and  Wells,  in  Charlotte 
County,  certifving  tluit  the  said  John  Williams  and  William  Marsh  are 
apjioinled  deputies  to  attend  this  Congress.  The  same  was  read  and 
tiled. 

Ordered,  That  they  take  their  seats.' 

The  people  of  Cumberland  county,  through  want  of  sullii-iiiil  notice 
it  seems,  had  not  been  able  to  send  didegates  foi-  tin;  organization  of 
the  Provincial  Congress,  and  on  the  (ith  of  Junt;  a  "County  {Jougre.ss'" 
or  "•Coniniittee"  met  at  AVestminster  and  proceeded  as  follows: 

[Fi-oiii  the  American  Arc/iii-en.  Fourth  Scries,  Vol.  II,  cols.  918,  919.] 

At  a  full  meeting  of  the  Delegates  from  the  sevei-al  Towns  in  Ihe 
County  of  Cumberland,  Co]ouy  of  New-York,  convt'iied  at  ]Vestnttnsler, 
June  (i,  177;"): 

The  County  of  (Jumberland  having  received  certain  inlelligeiice  from 
Mr.  Isaac  Low,  Chairman  of  the  Committin',  of  Ci>rrespoiideiice  at  Neiv- 
Vork,  that  it  is  the  desire  of  the.  said  respectable  Committee  of  Corres- 
pondence at  yew- York,  that  the  sense  of  the  people  in  said  County  of 
(Jumberlund  should  be  fully  known  with  regard  to  the  hostile  measures 
that  are  using  by  the  British  Parliament  to  enforce  the  late  criul,  unjust. 
and  oi)pressive  Acts  of  the  said  British  Parliament,  through  the  Jiritish 
Colonies  in  America:  We,  the  Didegates  Irom  the  several  Towns  and 
Districts  in  said  County  of  Cundjerland,  being  clioseii  by  the  frt'cdiolders 
and  inhabitants  of  the  same,  to  exhilnt  to  tlus  Provincial  Congress  the 
sense  and  voice  of  the  peoph;  with  regard  to  the  unjust  proc(!edings  of 
the  British  Parliament,  &c..  do  pass  the  following  llesolves: 

1.  Resolced,  nem.  con..  That  the  late  Ads  of  ihe  British  Parliameiil. 
|)assed  in  order  to  raise  a  revenue  in  Anu-rica.  are  unjust,  illegal,  and 
diametrically  op])osite  to  the  IJill  of  liights,  and  a  fundamental  |)riiici;'ie 
of  the  British  Constitution,  which  is,  '-(hat  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  llie  cx- 

^  American  Archives,  Fourth  Series,  vol.  ii.  177.'),  col.  \-l\{\.  Mr. 
Maksii  alone  was  from  Veiinont. — Sei'  ante,  pp.  V),  22.  Docl.  John 
Williams  was  a  resident  of  White  Creek,  N.  Y.,  now  Salem. 


340  Appendix  A,  No.  1. 

peiise  of  (Hir  lives  and  foi'liiiu's,  lo  the  last  exlrcinily,  il'  i>ur  duty  Id  (UkI 
and  t)iir  Count ly  itMiuiri!  the  same. 

."5.  Residred,  neni.  con..  Tliat  we  think  it  needless  to  pass  many  re- 
solves exliihilinc  our  sentiments  with  re;i,r!U-d  to  the  nnhai)])y  controversy 
subsisting  l)et\veen  Gre<U  Britain  and  A7ncrica.  Let,  it  suffice,  liierefore, 
llial  \vc  tuUv  acquiesi-e  wifli  whal  our  hirlln-en  have  lately  done  at  New- 
York,  in  their  late  Association;  and  it  is  hereby  i-esolvt'd  tliat  llie  late 
Associalit>n  enteri'd  into  at  Neiv  Vork  is  perfectly  a<rreeable  to  tlie  sen- 
timents of  the  frei:hol(U'i-s  and  inhabitants  of  this  Cf)unty,  and  thai  tliey 
fully  acquiesce  in  the  same.' 

4!  liesolred,  nem:  con..  That  this  (bounty  is  at  present  in  a  very  bro- 
ken sanation  with  rei^ai'd  to  the  civil  authority.  \Vv,  therefore  sincerely 
desire  that  the  advice  of  the  honourable  Congress  may  be  by  our  J)(de- 
gates  tiausmitted  to  us,  whereby  some  oi'der  and  regularity  may  be  es- 
tablished amniig  us.  We  therefore  should  take  it  as  a  i'avour  if  the 
honouiable  Congress  would  paiticnlarly  recommend  to  us  in  this  County 


"The  '"Association'"  i-eferr(-<l  to  was  adopted  in  the  city  of  New  York 
April  21),  177"),  and  seiil  to  all  the  cdunlics  in  the  pi'ovince — as  follows: 

Persuaded  that  tlu',  salvation  of  tJie  rights  and  lil>erties  of  America 
depend,  under  God,  on  the  firm  union  of  its  inhabitants,  in  a  vigorous 
prosecution  of  the  uieasures  necessary  for  its  safety,  and  convinced  of 
the  necessity  of  pi-eveiiling  the  anarchy  and  confusion  which  attend  a 
dissolution  of  the  powei's  of  (Joveinment:  We,  'he  Freemim,  Freehold- 
ers, and  inhabitants  of  the  City  and  County  of  Neiv-York,  being  greatly 
alarmed  at  the  avowed  design  of  the  Ministry  to  raise  a  revenue  in 
Anieriai.  and  shocked  by  the  bloody  scene  now  acting  in  the  Mutisachu- 
setta-Bdii.  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  cari-y  into  execution  whatever 
measures  may  be  reconnnended  by  the  Continental  Congress,  or  resolved 
upon  by  tini-  Provincial  Convention,  [the  Provincial  Congress  not  having 
been  organized  until  the  succeeding  month.]  for  the  purpose  of  pi-eserv- 
ing  our  Constitution  and  o])posing  the  execution  of  tlie  sevei'al  arbitrary 
and  oi)iiressive  Acts  of  ilu'  Jiritish  Parliament,  until  a  reconciliation 
between  Great  Britain  and  Avierica.  on  constitutional  princijjles,  (which 
we  most  ardently  desire.)  can  be  obtained;  and  that  we  will,  in  all  things, 
follow  the  advice  of  our  (nMU'ral  Connnittee  respecting  the  jturposes 
aforesaid,  the  preservation  of  peact-  and  good  order,  and  the  safety  of 
individuals  and  private  [)roperty. — American  Arcliives.,  Fourth  Series, 
vol.  II,  1775,  col.  471. 

"All  the  men  m  Townsbcnd,""  (lilty-one,)  C<(1.  -loilN  IIazkltink  at 
the  head,  sigiu'd  Ibis  agreement,  and  the  se\-eii  absentees  were  in  ser- 
vice at  Itoxbury  (Mass  )  under  General  Washington  at  the  time — July 
12,  1775.  I'i'ccisi'ly  the  same  numbei-  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,  Elipiialet 
Spaffokd  at  the  head,  and  only  three  men  refused  to  sign.  As  the  re- 
turns were  to  end)race  the  names  of  those  who  refused  to  sign,  the  infer- 
ence is  that  everij  freeman  of  Springfield  signed.  The  association  or 
pledge  most  generally  signed  in  Vermont  was  the  bi-iefer  and  unequivo- 
cal one  adopted  by  the  Convention  at  Dorset,  July  24,  1776. — See  ante, 
pp.  21,  22. 


Appendix  A,  No.  1.  841 

some  nieasuR's  lo  bo  pursuod  hy  us  the  inlial)itants  of  llie  same;  ffn"  we 
are  persuaded  llieir  adviec;  liereiu  would  have;  ^reat  weiyhf  to  inliueuce 
our  peojtle  universally  lo  pursue  siieh  measures  as  would  lend  to  the 
peaee,  safely,  and  ijood  oi'dei-  of  this  County  for  the  future. 

o.  Resolved,  new.  con.,  Tliat  we,  the  inhabitants  of  this  County,  are 
at  present  in  an  extremely  defenceless  stale  with  regard  to  arms  and 
ammunition.  We  sincerely  desire  the  honourable  Provincial  Congress 
woukl  consider  us  in  this  resi)ei-t,  and  from  their  generosity  and  good- 
ness would  do  what  in  them  lies  for  our  relief  in  the  premises.  We 
luive  many  Iti'aNC  soldiers,  but,  nidiappily  for  us,  we  have  nothing  to 
tight  with. 

6.  Resolved,  nem.  con.,  That  in  pursuance  of  the  Honourable  Isaac 
Low''s  (Chairman  of  llu;  Connnittee  of  Corres))ondence)  recjuest  for  this 
County  to  send  Delegates  to  the  City  of  New- York,  in  order  to  ascei-tain 
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  iiere- 
by  vote  and  resolve,  that  Col.  John  Hazeltine,  Doctor  Paid  Spooner,  and 
William  Williams,  p]squire,  be  our  Delegates  to  lueet  and  join  the  other 
respectable  Delegates  convened  at  Xeio-York,  to  represent  the  alfaiis  of 
this  County  in  said  Congress,  at  the  City  of  JSfew-York. 

John  Hazkltink, 
Chairman  of  the  (Jaunt;/  of  CumberUaid  Congress 
and  Committee  of  Correspondence.'^ 

The  county  "■Congress"  again  met  at  Westminster  on  the  2Glli  of 
July,  1775,  and  authorized  Major  [afterward  Colonel]  William  Will- 
IA3IS  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  tiie  two  votes  of 
the  count}'.  In  August,  the  Province  was  divided  into  military  districts, 
and  the  counties  of  Charlotte,  Cund)erlan(l,  and  Gloucester  were  em- 
braced in  one  brigade.  On  the  4th  of  November,  a  new  election  of  dep- 
uties having  been  ordered,  the  ProvinciaMvongre.ss  was  dissolved.  On 
the  21st,  the  county  "Congress"'  met  once  more  at  Westminstei-,  and 
proceeded,  first  as  a  "  Congress"  to  elect  de})u(ies,  and  then  as  a  "  Com- 
mittee OF  Safp:ty  "  to  nominate  militia  otticers. 


'  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  iSol.  Phelps,  D.  Clerk."  June  S,  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  !Hh  to  the  sanu' 
gentleman,  from  W^illiam  Williams,  Jii:N.JA:\iiN  Wait,  and  Joai; 
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.  The}'  were  severally  commissioned  by  New  York, 
though  not  for  this  proposed  regiment.  Iloisington  died  while  serving 
under  a  New  York  commission  as  niajoi-  of  rangers,  while  Williams  and 
Wait  both  served  under  Vermont. 

"American  Archives,  Fourth  Series,  Vol.  iii,  177."»,  col.  528. 


342  Appendix  A,  No.  1. 

Cumberland  County  Congkess  and  Committee  of  Safety, 
Nov.  21,  177;1. 

rFi-oni  llic  Aiiiericnii  Arckires,  Fourlli  Serie.s,  Vol.  IV,  1775-177(1,  col.  4'.'f;.] 

May  it  please  your  Honour:  We,  the  Coninultee  ofSiilely  for  this 
County,  have  proccHuled  in  the  election  of  Dejiuties,  pursuanl  to  the  re- 
solves of  the  honoural)le  Coni^i-cs.s  for  the  Colony  of  New-  Vork,  of  Octo- 
ber IS,  177o:  And  tliis  certifies,  that  Maj'ir  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, 
vve,  the  Committee  of  Safety  for  this  ("ounty,  have  presumed  to  nomin- 
ate Colonel  James  Noyers  to  be  the  Brii;:ulier  for  Cumberland.  Oloucesier, 
and  Charlotte  Brigade. 

Moreover,  according  to  the  directions  of  the  honourable  Provincial 
Congress  of  New-York,  (as  are  transmitted  to  us,)  ])er  our  Delegate, 
Major  Williams,  we  have  reconimended  that  the  loliowing  gentlemen, 
belonging  to  this  County,  be  speedily  commiss-ioned  by  said  Congress 
viz:  Lower  Regiment  in  the  County  :  Mnjor  William  Williams,  first 
Colonel  ;  Miijor  Jonathan  Hunt,  second  Colonel  ;  Lieutenant  John 
Norton,  first  Major  ;  Oliver  Lovell,  second  Major  ;  Arad  Hunt,  Adju- 
tant ;  and  Samuel  Fletcher,  Quartermaster. 

Upper  Regiment:  Cai)tain  Joseph  Marsh,  first  Colonel  ;  Ca[)t,.  John 
Barrett,  second  Colonel  ;  Lieutenant  Hilkiah  Grout,  first  Major  ;  Cap- 
tait  Joel  Mathews,  second  Major  ;  Timothy  Spencer,  Adjutant ;  Am.os 
Ttobinson,  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  iiossible,  will  much  oblige  your  most  obedient  huml^le  servant. 
Signed  by  order  of  the;  Committee  of  Safety  :     John  Barrett,  Clerk. 

To  the  Honourable  the  President  of  the  Provincial  Congress  at  the 
City  o^  New- York. 

Cumberland  County,  Westminster,  December  2,  1775. 

Major  Williams  was  in  IsTew-York  at  the  time  of  his  re-appointment 
as  de])uty,  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  da}'  delivered 
remonstrances  signed  by  thirty-one  inhabitants  of  Putney,  a  large  num- 
ber [names  not  given]  of  Westminster,  and  fifty-five  inhabitants  of  Fui- 
ham,  all  protesting  against  a  confirmation  of  the  militia  officers  nominat- 
ed by  the  Committee  of  Safety,  and  asking  that  the  sense  of  tlie  people 
of  the  county  might  be  taken.  With  these  documents  he  also  presented 
a  letter  from  Col.  James  Rogers,  "  whereby  for  political  reasons,  he 
declines  the  office  of  Brigadier  General  of  the  Militia."'  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  th(>  lories.  Rogers  joined  the  Brit- 
ish shortly  after.  No  olyeclions  were  made  to  the  nominees  for  the  up- 
per regiment,  or  for  the  regiment  of  minute-men,  and  they  were  confirm- 

^  Am.  Archives,  Fourth  Series,  vol.  iv,  1775-1776,  cols;  429^31. 


Appendix  A,  No.  1.  34o 

c(l  Jiiu.  4,  177r>.  The  (lucstion  of  CiimlxTlaiiil  couiilv  onk-ers  [lower  re- 
gimotit]  was  reinilled  lo  a  I'll  11  nieeliiii;- ol' the  Cum  mil  lee  of  Safely.'  Jan. 
i),  1770,  the  Pi-oviiu;ial  Coinmitlee  of  8af(;ly,  in  llu;  roccs.s  of  tlie  Con- 
gress, urged  till!  inhal)ilan'.s  of  the  County  to  eullivate  a  inori;  harmoni- 
ous spirit,  and  for  this  purpose  io  ch'ct  ■•ahii'i;-e  i-especlalde  Count v 
Committee.''"- 


MEETINGS  IX  1770  AND  1777. 

Feb.  1,  1770,  in  response  to  the  advice  a])ove  slated,  -'a  prelly  full 
meeting  of  the  Comniitlee  of  Safety  for  this  County"  was  iield  al  West- 
minster, Bknjajun  CAliPKMTEH,  chairman,  when  otlicers  for  the  lower 
regiment  were  agreed  upon,  as  follows  :  ■•  Maj'or  William  Williams,  First 
Colonel  ;  Benjamin  Carpenter,  Esq.,  Second  Colonel  ;  Oliver  Zoce^Z,  Es(j., 
First  Major  ;  Abijah  Lovejoy,  Second  Major  ;  Samuel  Minott,  Jun.,  Adju- 
tant ;  Samuel  Fletcher,  Quartermaster."^  The  nominees  of  llu;  Novem- 
ber meeting  dropped  were  Major  Jonathan  Hunt  as  second  colonel,  John 
Norton  [lory]  as  tlrst  major,  and  Ai-ad  Hunt  as  adjutant.  That  Major 
Jonathan  Hunt  might  not  be  prejudiced  by  this  action,  Col.  Carpenter 
wrote  that  he  "entirely  ri'fused  to  accept  a  commission  in  the  lower  de- 
partment.''' 

On  the  ■2"2d  of  May,  1770,  three  committee-mcMi  from  each  of  the  coun- 
ties of  Cumberland  and  Gloucester  met  at  Windsor,  in  response  to  a  cir- 
cular issued  to  the  Committees  of  Safidy  of  these  counties  and  the  county 
of  Charlotte.  The  latter  was  not  represented,  when  the  Committees 
[six  persons]  for  the  other  counties,  proceeded  to  nomimite  Col.  Jacoij 
Baylky  of  Newbury  for  Erigadier-Geueral,  and  Col.  Simon  STKVKNSof 
Springlield  for  Brigade-Major,  of  which  a  return  was  made  to  the  New 
York  Provincial  Congress  by  Col.  Joseph  MAl^SII  (»f  Hartl'onl,  who  was 
one  of  the  Cumberland  county  committee.  On  the  7th  of  June  1770  the 
Provincial  Congress  assigncMl  one  hundred  and  twenty-live  men  to  Cum- 
berland county,  and  seveiily-five  men  to  Gloucester,  as  the  quota  of  each 
towards  threes  thousand  men  to  be  i'ais(!d  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  Biigade  Major  Ste- 
vens were  confirmed  on  the  1st  of  August.* 

'Some  of  tiie  difficulty  was  occasioned  by  the  fact  that  tlie  Committee 
of  Safety  in  November,  a  part  of  the  members  oidy  being  present,  nom- 
inated lists  of  officofs  different  from  other  lists  named  by  a  much  larger 
meciting  in  June  preceding.  The  June  lists  were  as  follows  :  Lower 
regiment — Janies  Rogers,  colonel,  Eleazer  Patterson,  lieut.-eol.,  — Love- 
joy,  major,  Ui)per  regimtuit  Simon  Stevens,  colonel,  .loseph  Marsh  of 
Hartford,*  lieut.-col.,  Benja.  Wait,  Major. 

'-  Atn.  Archives,  Fourth  Series,  vol.  i  v,  col.  lO.'jl.     ''Same,  vol.  v,  col.  .",23. 

*  B.  H.  Hall's  Eastern  Vermont,  pp.  255-0,  20G-7. 

•  Jost'pli  Mursliol  Wi'atlii'f-iticM  w:is  Mimllicr  iiiuii,  wlio  refiiseU  to  sign  llie  '•As.sii<'lulir>ii." 


344 


Appendix  A,  No.  1. 


Next  in  order  comes  the  journal  of  tlie  Cumberland  County  Commit- 
tee of  Safety,  from  J.une  11  1776  to  Sept.  3  1777,  which  is  copied  from  the 
admiral)ly  preserved  "  Pingky  PAPEiis/'  Among  these  pajjcrs  are 
other  nianuscripls  and  hand-hills,  which  ai-e  interesting  to  the  antiqua- 
i-ian.  r)ut  as  these  are  not  wilhin  the  legitimate  scope  of  this  volume, 
they  are  of  course  omitted. 


JOURNAL  OF  TBE  CUMBERLAND  COUNTY  COMMIT- 
TEE OF  SAFETY. 

June  11  1776  to  Sept  km  be  fi  3  1777. 


Meeting  at  Westminster,  June  11-1."],  1776. 

[From  tlio  I'ingry  Papers.} 

Hinsdale    \  John  liridgman,  Esq.,     '  Weslmin''-  — John  Norton,  Elkanah 
[  FerHon,]  ( M'"- Arad  ilunt.  i  Day. 

Brattlebo: — M'"-  Isreal  Smith  &JoIui    RocMngham-W'"-   Simons  [or    Si- 
'    Sergeant.  monds,]  Eben'-  Fuller. 

Gillford^M^'-  Isreal  Guriey  A;[Sam-  I  Chester — John  Chandler  Esq"'-  Cap. 


uel]  Nichols 
Hallefax  - 
3fariboroH(ih—M'-  [Jonathan]War- 

ren. 
iVew/a»e— Luke    Knolton    [  Knoul- 

ton]  Esq. 
Town  send—  M.^'-  Jose]>li    Tyler    & 

Siuii'i  Fletcher. 
FiiJlom — [  Fnlliam—Dmmnerston]  — 

Joseph  llildrith  &  Eh- 
en'-  Haven. 
Putney — Caj)'-    James    (Jlay,  Lucas 

Wnison. 
Draper  \^}yilmington^ — Elijah    Al- 

vord  and  John  Gibhs. 


George  Earl. 
Kent  [Londonderry'} — Cap'-  Edwanl 

Aikaii,  [Aiken,]  2''- 
Springfield — Simon  Stevens, J erath' • 

Powers. 
Windsor — Eben'"-  Horsenton  [Hois- 

ington,]    and    Eben'"- 

Curtis. 
Hartford — 
Pomfret — 
Wetliersfield  —  Isreal     Burlingame, 

W'"-   Upham. 
Woodstock — 

Hertford — [  Hartland — ]  Jonathan 
Burk. 


June  lit"-  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  s''-' 
did  Proceed  to  act  on  the  Following  Articles: 

It-      Choose  Cao*-  James  Clay,  Chairman. 

2'»y-     Choose  li'-  Elkanah  Day,  Clerk. 

;j'".v-  Deliberated  on  some  Papers  from  Rockingham  against  one  Ben- 
net,  &  not  tinding  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'l-  Bennet  tinding  surities  or 
be  Committed. 

4tiiiy.    Adjorn'i-  this  meeting  till  7  oClock  tomorrow  morn. 

June  12"' • 

7  oClock  in  the  Morn:    met  ac(;ording  to  adjornment,  and  resolved 

,5U)iy.  that  it  be  recommended  to  the  several  Towns  in  this  County 
that  they  Immediately  Call  a  meeting  for  the  purpose  of  Ch using  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  Juist 
leceived  from  Xew  York  or  Provincial  Congress. 

(jti'iy-  Voted  it  is  the  Opinion  ot  this  Wody  that  all  Persons  wereing 
the  Edition  [addition  to  their  names,  or  title,"^]  of  Gentlemen  by  former 
Connnissions  be  exempted  from  Millitary  Training. 

gtuiy.   Adjornd  to  3  oClock  afternoon. 

3  oClock  "afternoon  Meet  according  and  Proceeded 

ytiiiy.    Choose  Cap^-  John  Sessions  County  Treasurer. 

gthiy.  Voted  to  Chuse  a  Conunittee  &,  accordingly  Choose  Cap*^-  James 
Clay  Nath'^^'  Robinson  Esq  Elkanah  Day  Tho-^- White  Capt-John  Averill 
To  "Examine  the  Pul)lick  Acct^'^-  in  the  County,  give  Orders,  »&c. 

((thiy.  Volcd  that  M'"-  Jonathan  Burk  be  admitted  as  a  member  to  set 
in  this  Body. 

lljtiiiy.  Took  under  Consideration  a  Complaint  Exhibited  by  W'"-  Tag- 
art  against  Nathaniel  JJennet  Touching  the  s<'-  Bennet's  abuscing  s''- 
Tagarts  wife,  20  Members  being  present,  resolved  that  the  s'l-  Bennet  be 
Committed  To  Prisson,  there  Holden  till  further  Orders  of  this  Com- 
mittee. 

llMiiy.  Defered  the  Case  Between  Col"-  .Smith.  Plantif,  &  M""-  Gorton, 
Defendt-  To  the  -ift-  Day  of  June  Inst. 

12tiiiy-  Took  under  Consideration  the  Case  Between  Abijah  Lovejoy 
&  Atherton  Chafiee.  After  Deliberating  on  the  matter,  Defer^-  the 
Conclusion  Till  Tomorrow  Morn  8  oClock,  then  adjornJ-  to  7  oClock  in 
the  Morning. 

June  13*''- 

7  oClock,  meet  according  to  adjornment,  and  resolved,^ 

14tiiiy.  that  it  be  recommended  to  liie  Sub  committee  that  they  Call 
on  their  resuective  Collectors  to  pay  into  the  Treasurer  what  they  have 
Collected,  that  it  may  be  Assertain'i-  what  money  Can  be  Obtained  by 
the  20^''  of  this  Inst- 

loih.  Voted  to  recommend  to  the  Cap's-  yf  the  several  Companys  of 
Militia  in  the  respective  Towns  in  this  County  to  as  soon  as  possible 
make  return  of  their  minutemen  to  M'-  Lucas  Willson  &  Ebenezer 
Horsington,  [Hoisington,]  who  are  appointed  by  the  rest  of  their  Breth- 
ren, viz.,  x\rad  Hunt,  Isreal  Smith,  Joseph  Hildreth,  Lucas  Willson, 
John  Norton,  W'"-  Simons,  Sam^''-  Fletcher,  Being  Choose  a  Committee, 
&  Impowered  by  this  Body  to  se  the  minute-men  Properly  Imbodyed  in 
Companys,  &  Lead  them  to  a  choise  of  Otlicers  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  ths  Uper  Regiment  in  their 
proceedings  as  above  directed. 

16"'-    Voted  that  M'-  Abijah  Lovejoy  be  Quieted  in  the  full  &  free 
Possession  of  a  Lot  of  Land  in  Westminster,   of  Late   Leased   to  s<i 
Lovejoy  b}'^  the  Committee,  according  to  a  former  resolve;  and  that  it 
[be]  re'commended  to  M»'-  Chatfe  to  Desist  from  Molesting  s*^-  Lovejoy 
in  his  Possession,  To  Prevent  further  Trouble. 

17'i'-  resolved  that  Col"-  Wells  be  sited  to  appear  before  the  County 
Committee  On  Thursday  the  20"'  Day  of  June  Ins'-  to  answer  to  a  Com- 
plaint Lodged  in  the  tiles,  sign''-  by  Nathaniel  Robinson,  Ruben  Jones, 
and  Leonard  Spaldwin. 

'  There  is  no  thirteenth  vote,  the  date  "  June  13"'."  in  the  margin, 
probably  having  been  mistaken  as  the  number  of  a  vote. 

24 


346  Appendix  A,  No.  1. 

latii.  Voted  that  all  Poles  from  16  to  60  years  old  be  Estimated  at  Ten 
Pounds  real  Estate. 

igtii-  AdjornJ-  to  Thursday  the  2utii  day  of  .June  Inst-  Nine  O  Clock 
Before  noon,  then  to  Meet  at  this  Place. 


Adjoukned  Meeting  at  Westminster,  June  20-22,  1776. 

[From  the  Pingry  Papers.] 

Westminster,  June  the  20"'- 
The  Committee  met  according  to  adjournmn*- 
Present— (viz.) 
Putney — James  Clay,  Chairman.  Chester — John  Chandler,  Esq""- 

Hinsdale — John  Bridgman.  Esq""-       Kent — Dea.  Akin. 
Brattlehoro'' — John  Sergeant  &   Is-  \  ISpringJield — Simon  Stevens,  Esq'- 

rael  Smith.  |  Wethersfield—W"^-  Upham. 

Marlboro'' — M'"- [Jonathan]  Warren. ;  Townshend — M""-    Flecher    [Samuel 
Hallifax — Cap*-  Williams.  Fletcher.] 

Draper — Elijah  Alvord.  Windsor — Cajjt-  Curtis. 

JV.  Fane — Luke  Knolton,  Esq.  ,  Hertford — M'-  Burk. 

Fulham — M''-  [Leonard]  Si)aulding  |  i/ari/ord — 

&     Hildrick     [  Joseph  '  Woodstock — M''-     [John]     Strong, 
Hildreth.]  ,  Benjamin  Emmons. 

Westyninster — John  Norton.  Pomfret — Esq.    [.John   Winchester] 

Bockingham — W"'-  Simons.  I  Dana. 

Voted  1st  that  we  send  Kepresentatives  to  New  Yoi'k. 
2     Voted  to  Chuse  a  Com't^  of  five  to  Inspect  the  Votes  and  to  make 
Return  to  this  cm*- 
S'y    made  Choice  of  Mrs**  Isreal  Smith,  Esq.  Denne  [Dana.]  Esq.  Ste- 
vens, Esq.  Nolton  [Knf)wlt(m,]  Esq.  Bridgmtin. 

4'>"  Voted  to  chuse  a  Committee  to  make  a  Draft  of  Instructions  to  the 
Delegates  if  chose  and  to  make  a  Return  to  this  com**-''^  chose  M»- 
Hoisingtdn,  Cap*-  Sergant,  and  John  Chandiei',  as  a  Com^"-  to  Make 
Instructions,  and  Lay  the  Same  before  «<'•  Com^- 

5^>'  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  s*^  Comm'*' 

Proceded  and  Chose  the  following  Gen'-  Caj^t.  Ebenezer  Curtis, 
Mr-  Isreal  Gurley,  M''-  Jonathan  Burk,  Capt.  Fletcher,  Capt.  W^- 
Williams. 

(jtiiiy  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  i-etuni  as  Ffillowith 
that  we  Find  Col.  Joseph  Marsh,  Dea.  John  Sessions  &  Simon  Stevens, 
Esq'-  Were  the  three  highest  in  Vote. 

Adjourn''  till  to  Morrow  Morning  at  7  oClock. 

21  "day  [June]  at  7  oClock  Meet  according  to  adjournment. 

Col.  Wells  Letter  Taken  under  Consideration  choose  a  Committee  of 
three  to  Take  unde]'  Consideration  the  Said  Letter  and  Make  report  to 
this  Committee  Namely  Simon  Stevens  &  John  W.  Dana  Esq's  &,  Mr. 
Strong  for  the  Said  Committe. 

ytii  Voted,  to  take  under  Consideration  a  Letter  &  Handbill  Before  the 
Committee  &  make  Report  &  according  chose  Mr.  Isreal  Smith.  Lieut. 
Sn'auldwin,  Mr.  Alvord,  Luke  Knowlton  Esq.,  John  Bridgman  Esq.,  a 
Committe  for  the  above  s*i  purpose. 


Appendix  A,  No.  1.  347 

Stii  Yotef],  t(»  choosf  n  ConimittiH'  &  accoidiiiii'  Choose-  Lieut.  Spaulding 
Capt.  James  Clay,  M'-  Alvoid,  M'-  Isical  Gurky,  &  Elkauah  Day  to 
Treat  With  Col"- Sam'-  Wells  &  Examine  s''  Wells'l'oucliinjjf  a  Complaint 
Exhibited  to  the  County  Committee  against  him  the  s''  Wills  it  make 
report  to  s<i  Committee  at  their  Next  setting. 

9"'  Voted  to  Choosi'  a  Committee  &  according  Choose  Simon  Stevens, 
Esq.,  lAike  Knolton  Esq..  W'"  Simons,  John  W.  Dana,  &  Isi-eal  Gurley 
to  r)elil>erate  on  a  Complaint  Ixhibited  by  Maj""-  Abijah  Lovejoy  against 
M'-  Atherton  Chatlee,  \\o\\\  nf  Westminstei-,  &  Likewise  on  a  Paper 
Exhibited  by  Atherton  (JhalVee  to  the  Committee. 

lOtiiiy  Voted,  to  Deleberate  on  a  Paper  Exhibited  by  Esq.  rCharlesl 
Phelps.'  J       4    L  J 


'This  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]  Pluljis,  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,  rejiresenting  a  large  constituency,  favored  a 
union  with  Massachusetts.  Owing  to  this  cause,  a  letter  a<ldressed  to 
the  members  of  the  Provincial  Congress  [(.f  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  ware  expressed  in  these  words: 
"  Upon  the  receiiit  of  hand  ])ills  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 
b)-  the  han(ls  of  the  delegates  of  this  county  ;  to  all  which  they  are  by 
their  constituents  in  the  ])remises,  limited  and  restrained  in  such  man- 
ner, that  if  they  break  over  and  viol.ite  those  sacred  instructions  here- 
with sent  you  in  behalf  of  us  and  our  constituents,  in  matters  of  such 
infinite  importance  and  delicac\',  the  county  committee  declare,  in  behalf 
of  the  free,  patriotic  peojjle  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  i'ully  meant  and  intended  by  the 
good  people  of  the  count}',  that  tiiev,  notwithstanding  this  compliance 
witli  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  lil)erty  of  ])ursuing  their  former 
petition  in  behalf  of  the  people,   prepared  some  years  ago,  and  referred 


348  Appendix  A,  No.l. 

llt'i-    Adjorn'^-  to  2  OClock  afternoon. 

2  OClock  afternoon,  meet  according  to  rjornment. 

12t''-  the  Committee  choosen  for  Drawing  Instructions  reported  the 
following,  and  after  being  read  sundry  limes.  Voted  Paragrafl'  by  Para- 
graff  i^c  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. 

Gentu^en:  Haveing  received  a  hand  bill  from  the  Honourable  Provin- 
cial Congress,  Eecommending  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  hei'eatter  reunited 
to  that  province,  and  reserving  to  themselves  also  the  right  of  oifeiing 
their  pleas,  arguments,  and  prools,  in  full,  to  effect  a  reunion  thereof,  to 
that  ancient  jurisdiction,  for  those  important  reasons  to  be  adduced  when, 
wiiere,  and  before  whom  the  parties  concerned  shall  be  admitted  to  ofl'er 
the  same."' 

This  letter  was  signed  by  James  Clay,  chaiiman  of  the  Committee,  and 
was  attested  by  the  clerk.  As  soon  as  the  niajorily  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  Phklps,  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  Preeman,  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  procui'e  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 
Cumljerland  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 
slate  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.\,  349 

nnd  relijjious  may  forever  remain  sacred  and  Inviolate,  we  think  it  Our 
Indispi-iisable  duty  to  give  you  tlie  following  Instruetions,  and  reposing 
the  Highi'st  Contidence  in  your  Honour  &  Integrity,  do  rely  Upon  it  thai 
you  will  to  the  Utmost  of  your  ))ovver  Endeavor  to  Carry  the  same  into 
Execution.  We  Trust  the"  Honourable  Congress  will  he  Vei-y  tar  from 
])assing  Censure  on  us  for  being  thus  Jealous  of  our  Liberties,  Espe- 
cialy  when  they  Consider  that  in  time  i)ast  this  County  has  been  much 
imposed  upon  in  haveing  Certain  Foreigners  put  into  High  places  of 
Emolnment  tVb  Honour  in  this  County,  to  the  Great  Grief  of  Virtues 
[virtuous]  and  Honest  men. 

It-  We  instruct  you  to  use  your  intiuance  to  establish  a  Government 
in  this  Colony  agreable  to  this  "maxim,  (viz.,)  that  all  Civil  Power  (under 
izod)  is  Originaly  in  the  Peo))le,  and  that  you  in  no  instance  in  your  pub- 
lick  Capacity  will  do  any  thing  to  abridge  the  people  of  this  fundamen- 
tal right.  v\  e  llirthermore  bes  leave  to  say  that  in  Our  Opinion  the 
representitives  duly  Chosen  in  the  several  Countys  in  this  Colony,  when 
Convean^i  at  New  York,  to  all  intents  &  purposes  have  full  Power  of 
liCgislation,  &  that  it  would  greatly  abridge  the  People  of  their  riojhts 
should  the  representatives  ])resume  to  make  Choise  of  a  Governor,  Lieut. 
Governor,  Ac,  To  Act  and  Transact  business  indejiendent  of  the  peojjle. 

2''-  That  you  use  your  best  intluence  in  Congress  to  adopt  a  Code  of 
Laws  whereby  the  Liberty,  Property  &  every  tiling  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  Humbly  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. 

3d.  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  Tyniny.  In  Order  that  our  future  Courts  may  be  sup- 
plyed  with  (xrand  Juriors  we  humbly  request  that  the  Honourable  Con- 
gress would  ado[)t  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  ^<hall  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 
enroled  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  tirst  process  shall  be  apprehended  by  Capias,  but  that  they 
may  be  summon'^  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  i)Ower  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  lower"!  {^d  reduced  to  the  Standard  of  Justice.  Lastly,  we  beg  leave 
to  suggest  that  in  Our  Opinion  a  frequent  Change  of  Magistrates  Tend 


350  Apppvdix  A,  Xo.  1. 

to  prevent  Corruption  an"!  keep  up  that  Equallity  of  Mankind  in  -which 
bv  nature  we  are  all  formed;  therefoie  we  humbly  request  we  may  be 
Tndulijed  in  this  particular:  we  desire  that  Each  Town  in  this  County 
mii:;ht  nominate  their  Own  Jus1ii-es.  and  that  ihey  might  not  be  aji- 
pointed  without  sueh  Nomination.  That  .lustice,  Religion  &  Vii'tu'e  may 
prevail  in  this  Colony,  &  that  Pease  &  Tranquillity  may  be  restored 
thro  America  is  the  sincear  desire  of  the  Committee  of  S'ltety  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  Cumlierland  County. 

James  Clay,  Chnirmxm,  &c. 

AVestminster  20*''  of  June.  1776. 

ITol  Col''-  Marsh,  Simon  Steveua,  Esq.,  and  Deacon  Sessions.^ 

13t'i-  Voted  to  Clioose  a  Committee  &  accordingly  Choose  Esq.  Ste- 
vens, Esq.  Brigman,  M'-  Alvord.  to  Take  under  Considei-ation  a  Com- 
plaint Exhibited  by  the  Widow  Lovell  of  rockingham  against  One  Snl- 
ford,  reported  if  s<i  Complaint  be  supjiorled,  it  is  worthy  of  notice  &  to 
be  herd  Next  setting  of  the  Committee. 

14t'i-  this  vote  reconsidered,  the  Committee  for  considering  the  Com- 
phiint  of  Maji"-  Lovejoy  against  Athertou  Chall'ee  Reported  tiiat  Ather- 
ton  Chaffee  give  Bonds  to  the  Chaii-man  of  the  County  Committee  for 
his  future  good  Bebavimr  in  regard  to  s'l  Lovejoy,  &  that  he  do  not  mo- 
lest him  in  Possessing;  the  Lot  of  Land  Leased  to  [Lovejoy]  by  Order 
of  8"^  Committee  Or  Otherwise  l)e  Committed  to  Goal  till  further  orders 
of  this  Committee. 

lot'i-  Voted  to  Here  the  Widow  Lovels  Complaint  the  2^'  da}"  of  the 
Next  seting. 

16ti»-    Adjorne^'  to  tt  O  Clock  in  the  Morning. 

June  22'1- 

6  O  Clock  in  the  Morning  met  According  to  Adjornment. 

I'jth.  Voted  that  we  recommend  to  the  C'ommanding  officers  of  Each 
Regement  in  this  County  do  meet  one  of  Each  of  the  Sub:Commiitees 
in  the  several  Towns  in  the  County  at  the  respective  Times  A  places 
following,  namely,  the  Commanding  [offtcer]  of  the  Lower  Regement  & 
one  Sub:Committee  man  of  Each  Town  in  the  same  regement  do  meet 
at  Capf-  Sergants  in  Ijrattleborough  on  thi'.sday  the  27"'  Inst:  at  one 
oClock  In  the  afternoon,  then  &  there  to  ajipoinl  one  Capt-  Two  Lieu'^-, 
of  such  men  as  they  shall  think  most  suitable  to  go  into  the  service  of 
their  Cuntry,  &  Let  them  se  if  they  (Jan  Inlist  a  Com])any  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  2()"'  day  of  this 
Inst-  June,  at  one  oClock  in  the  afternoon,  there  to  appoint  One  Cap'- 
Two  Lieuts-.  of  such  men  as  they  shall  think  best  foi-  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  Ki"'  day 
of  July  next. 

* "  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 

Igth.  Voti'd  a  Comniilti'e  be  appointed  to  Rito  an  answer  to  a  letter 
Receiyfi- from  M''-  Tinbrook,  [probably  Col.  Abrabam  Ten  ]5roeek.  ] 
Choose  M'"-  Isreal  Smith,  RI)en'-  Horsington  A:  ("aj)*-  Serg(>ants  a  Coni- 
mittt-e  aforcs''- 

U)t''-  Delebirated  On  a  Petition  Exhibited  l)y  Dof-  [Reuben]  Jones  ix 
Othei-s  rcMjuesting  a  reeonfinenienl  of  sundry  persons  Under  lionds  by 
the  March  Court  afair.'  Passed  in  the  negative  as  to  Confining  s^'  per- 
sons at  presont.  But  that  s''  Petition  be  refei-''  to  the  Provinsial  Con- 
gress for  their  advise  on  the  Expedianey  of  recommitting  s^'  persons. 

20*''-  The  Committee  for  Considering  Col"-  Wells*  Letter  reported  as 
their  Opinion  that  a  Committee  be  Chosen  to  Examine  Col"-  Wells  in 
regard  to  a  Complaint  that  lias  ben  Exhibited  against  him  »fc  to  make 
report  to  this  Committee  at  their  next  Convention. 

•21'-  Voted  that  the  Chairman  of  the  Committee  shall  Make  Out  a 
Certificate  &  sign  the  same  that  Col"-  Joseph  Mai-sh,  Deacon  Sessions  & 
Simon  Stevens.  Esq  ,  wereDuly  Choosen  as  Delegates  to  sit  in  Provin- 
cial Congress  for  this  County. 

22fi-  Voted  to  Chuse  a  Committee  &  accordingly  Choose  Cap*-  Clay, 
Mr-  Isreal  Smith,  M'-  Ebcn''-  Horsington,  M""-  John  Strong,  M'-  Burlin- 
game.  M'"-  John  Norton  &  Maj  Tylor.  to  Join  the  Co)"''-  of  this  County 
to  Carry  Into  Execution  the  Resolves  of  Congress  respecting  raising 
forces,  &c.  (if  necessary.) 

2:5«i-  V^ted  that  Nat'hei  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  tor  his  Behaveing 
Orderly  &  well  towards  all  Persons  till  s^i  time;  But  on  his  y<'  s<3  Ben- 
nets  111  Behavour  his  Bondsmen  are  to  Committ  him  forthwith,  or  in 
Case  of  Greater  danger  of  y<^  womans  life  by  y^  Illness  Broght  on  her  as 
has  been  proved. 

24(1.2  "yoted  to  adjorn.  &  accordingly  adjorn''  to  the  first  Tuesday  of 
Novem"".  Nine  O'Clock  in  the  Morn:  Or  to  meet  sooner  if  Call<J For  at 
this  Place. 


Adjourned  Meeting  at  Westminster.  July  23-26,  1770. 

[From  tilt  Pingrij  Papers.'] 

County  House,  Westminster,  23<i  of  July,  1776. 
At  a  Special  Meeting  of  the  Members  of  the  Committee  of  Safety  for 
this  County — Members  Present: 

Hinsdale— A.vad  Hunt.  j  lYestminsf-—    ^  ^^'^''^"■'^^^  ^^J^ 

Brattlebo: — Isreal  Smith.  '  I  John  Norton. 


Gilford— ^sq.  Nichols. 

Halifax — 

Marlboro: — 

JV.  Fain — Luke  Knolton,  Esq. 


Rockingham—  Eben'"-  Fuller. 
dies ter — J  oh n  C h a n die r. 
Kent — Capt.  Edward  Aikin. 
Spring  field — Jerathmel  Powers. 


Townsend —  Windsor — Eben^-  Horsington. 
jr,  ,,           \  Lieut.  Spaldwin,  Hartford — Tho**-  Hazen. 
^  ""^'^^^  1  Josei)h  Hildreth.  \  Pomefret— 
p   .            K  James  Clay.  Wethersfield — 
Jr-utney—  ^  Lucas  Wilson.  Woodstock- 
Draper — M'"-  Olverd,  [Aivord.]  Hertford — J<mathan  Burk. 

'  The  "  Westminster  Massacre  "  of  March  13, 1775. 
2  First  written  22'"  and  alter(>d  to  24. 

^  Hon.  James  H.  Phklps  is  of  opinion  that  Mr.  Powers  wrote  the 
given  name  "  Jerathnicl." 


.^52  Appendix  A,  JSfo.  1. 

The  Meml)ers  of  Fourteen  [fifteen]  Towns  Being  Present,  Formed 
into  a  body,  then  Proceeded  On  lousiness. 

1*-  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  Fnimies  to  y<'  Cause  &  Liberties  of  the 
States  of  America. 

2(iiy.  Voted  that  a  suitabh*  gard  l)e  set  Over  tli(>  Powder  Now  Depos- 
ited in  the  Jail  room  in  I  lie  County-house. 

3'">-  Choose  El)en'"  Horsington.  Isreal  Smith,  John  Norton,  a  Comniit- 
!ee  to  Receive  the  Return  of  the  Millitia  &  Alarm  men  in  Order  for  the 
Distributing  the  Powdei-  receiv^'  foi-  this  County,  &  Likewise  to  Report 
tlie  Number  of  Etfective  men  in  tlie  several  Towns  1o  pi-o|)ortion  the 
powder. 

4thiy,  Voted,  to  send  a  Sitation  to  Col"-  Tho''-  Chandler,  Requesting 
him  to  appear  the  24^''  of  this  Instant,  and  Bring  all  papers  that  will 
give  any  light  Conserning  the  Excise  or  Licence;  money. 

gth.  Voted,  that  by  Consent  of  Both  pailies  continued  Taigat''  [Tag- 
gart's]  &  Bennets  affair  to  the  First  Tuesday  of  November  Next. 

Ctiiiy.  Voted,  that  in  Consequence  of  a  Complaint  Exhibited  by  John 
Chandler  Esq..  against  John  Grout  of  Chester,  sent  a  lecommendation 
to  the  Sub-Committee  of  s<i  Chester,  to  call  said  Giout  to  an  account 
Touching  s^  Complaint  &  to  make  Report  to  this  Body. 

7tii.  Adiorn<i  to  six  OClock  tomorrow  Morning. 

July  24^1  • 

Six  OClock  met  according  to  adjornment  &  Proceeded. 

&  8'^''i>'-  Voted  to  Reconsider  the  a'^  Resolve  respecting  the  guard  Over 
the  Powder  &  Resolved  that  a  guard  of  1  Sei'gnnt  &  4  private  be  Keept 
by  night  &  a  Sergant  and  2  privatt  by  day,  to  guard  as  I'eccomended  as 
above. 

gtiiiy.  Voted,  that  Land''-  [landlord]  Nichols  provide  s*'  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.  dny  &  2 
shillings  pr.  Night. 

IQii'iy-  Voted,  to  Take  under  Consideration  tlie  Complaint  of  Abigail 
Fuller  of  Rockingham,  against  Gardnei-  Simonds  of  s^i  J?ockingham  viz., 
the  Complaint  of  Abigail  Fuller  of  Rockingham,  in  the  County  of  Cum- 
berland &  pi'ovince  ofNevv  York,  single  woman,  against  Gardner  Simonds 
of  s''  Rockingham  yeoman  shueth  that  the  s^'  Gardner  Simonds  had  Car- 
nal Knowlecige  of  your  Complainants  Body  on  or  [near]  the  middle  of 
Februai'y  last  sevei-al  times.  &  has  &  Did  there  &  then  get  y''  complain- 
ant With  Child  with  a  Bastard  Child.  &  that  he  the  s''  Gardnei-  is  the  on- 
ly father  of  s''  jjastard  Child  these  aie  therefore  to  Desire  you  to  Cause 
y^  s'l  Gardner  Simons  to  Come  before  you  that  he  may  find  surities  for 
the  maintenance  of  s^'  Bastard  Child. 

Sign*^-  Abigail  Fuller. 

the  s''  Parties  Being  present  &  the  s''  Abigail  Fuller,  the  above  Com- 
plainant, after  Pieing  suitably  Interegated  by  the  s<i  Gardner  Simons  & 
Cautioned  by  this  Body  made  solomn  Oath  that  the  above  s''  Gardner 
Simons  is  Absolutely  the  father  of  a  Bastard  Child,  which  she  is  now 
pregnant  with, 

Therefore  Resolved  that  the  s<'  Gardnei-  Simons,  Give  Bonds  of  Fifty 
Pounds  and  Find  two  sufficient  sui'ities  of  Twenty-five  pounds  Each  to 
answer  at  a  Future  Tryal  the  Com])laint  of  the  s''  Abigail  Fuller  as  above 
Recorded  or  be  Comniitted  to  Prison, — the  above  surities  to  be  Ilolden 
and  .■inswer  in  Nine  months. 

lOtiiiy-  Voted  to  Chuse  a  Committee  &  accordingly  Choose  Esq.  Nichols, 
Esq.  Konlten  &  Esq.  Bridgman  to  Draft  something  as  Instructions  to  a  Com- 


Appendix  A,  No.  \.  .^')-S 

mittee  Choose  the  12<i'  Day  of  June  last  past  to    Kxamine  Publick  Ace'" 
irive  Orders  &c., 

ntii.  Adjoin'^   to  2  oChx-k  Aftenioon. 

2  OCloek  afternoon  met  according  to  adjominful  and  proceedtd  to 
Buisiness. 

12"'-  Voted  to  Supereeed  tlie  Order  past  vesterday  recduiincndinii;  lo 
the  Sub-Committee  of  Chestei-.  to  Call  M'-  John  (4rout  Touching  a  com- 
plaint Exliil>ited  by  John  Chandlei-  Esq"'-  also  i-esolved  that  the  Orch-r 
foi-  seizinof  s't  Grouts  ]iaiiei-s  lie  Null  A:  Yo'm]  Sz  thai  no  seizui-e  of  s'' 
papei's  be  made. 

18"'  Resolved  that  M'-  John  (rrout  answer  to  the  Comiilaint  Exhiliil- 
ed  by  John  Chandler  Esq.  as  above  mention''  at  tlie  Next  Setting  of 
the  Comniittee  Viz..  the  first  Tuesday  of  November  Next  &  that  the 
Complainant  serve  M'-  (trout  with  a  Bdl  of  Partieulais  within  lifteen 
Days  after  notice  of  this  Ordt'r. 

14"'-  the  Conmiittee  Choose  to  ascertain  the  Number  of  Elfeclive  men 
in  this  County,  in  Order  to  Distribute  the  Powder,  Reported  that  the 
))roporfion  of  powder  for  the  South  Regement  is  Eleven  Hundred  & 
Ninety  Weight,  &  to  the  Upper  Regement  the  proporlinn  is  Six  Hun- 
dred &  Ten  jiouncls. 

lo"'-  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  nn  the  matter, 
[and]  found  s^'  Fairbank  not  Guilty  of  s'*  criuK;. 

Kit''-  Adjorn''  to  (i  O  Clock  tomorrow  Morning. 

July  25''' • 

(i  o  clock,  met  according  to  adjornment. 

17"'-  the  Committee  Choosento  Di'aft  Something  as  Insti-uctions  to  a 
Committee  Choosen  yf  12"'  of  June  last,  to  Examine  Publick  Acc'^.  &<=■' 
Reported  as  their  Opinion  that  all  Persons  Employ'  by  the  County  Com- 
mittee be  paid  by  the  County.  &  no  Olluu-.  I'c  in  pei-tieular  the  (/hairman 
Ought  to  he  allowfi  for  his  Extreoidinary  Expenses  in  Calling  the  County 
Committee  on  Extreordinary  Occasions  together,  or  any  other  Extreor- 
di nary  sei-vice.  and  likewise  all  SubrCommittees.  or  any  Other  persons 
that  are  Ap])ointed  by  the  County  Committee  to  Do  JBu.'^iness  for  the 
Countv — the  Same  jiassed  into  a  ^"ote. 

July  24th- 

Then  Personally  appeared  befoi-e  this  Committee  Gardiner  Simons  as 
l*rincipal,  and  acknowledged  himself  to  be  indebted  to  this  Countv  Com- 
mittee in  the  Sum  of  fifty  Pounds— and  Colburn  Preston  ami  \ViIliani 
Sterns,  as  Sureties,  in  the  Sum  of  twenty-Hve  pounds  each  in  .Manner 
following  (viz.)  : — the  Condition  of  the  above  Ol)ligalion  is  Such  that  it 
the  abovesd  Gardinei'  Simons  shall  be  ready  to  answer  a  Complaint  ex- 
hibit(;d  Against  him  by  Abigail  Fuller  for  beini!;  the  father  of  a  Bastard 
Child,  by  which  she  Ton  Oath)  has  declared  he  is  the  father,  &c.,  at  the 
Expiration  of  Nine. Months  from  the  Date  hereof— then  this  Obligation 
is  vt)id,  otherwise  of  force. 

Test,  James  Clay,  Chairman. 

25t''  of  July  Took  under  (Consideration  the  Case  &  Complaint  of  the 
Widdow  Hannah  Lovell  against  Lieut-  Philip  Satlbrd.  Both  of  Rocking- 
ham, Whereby  the  s''  Widdow  Lovell  Complains  against  the  s<'  Satford, 
for  Unjustly  and  !)y  Force  Taken  Posses.sion  of  a  lot  of  land  being  the 
property  of  &  in  the  i)easable  possessi»)n  f)f  her  the  sit  Widdow. 

Voted  that  the  above  s''  Phillip  Safiord  ])e  removed  from  the  lot  whicli 
he  the  sd  Satford  has  by  force  &  arms  Taken  possjiession  of  from  the  s^ 


354  Appendix  A,  No.  1. 

Widow  Hannah  Lovell  and  thai    tlic  s'l   Hannah   be   pnl    Tnimediately 
into  Possession  of'sfi  Lot  of  Land. 

ISt''-  that  Lieut-  Spaldwin  make  suitable  Confession  to  tliis  Committee 
for  his  Conduct  in  Taking  Col" Wells  l)y  Millilarv  force,  that  mode  of 
])roceeding  Being  Contrary  to  the  minds  of  this  Committee  and  al-so  :i 
Violation  of  one'Certain  Resolve  foinieily  jiassed  by  this  Connnittee. 
Mr-  Si)aldwin  Comply'^  with  the  above  Vote  by  his  making  proja-r  Con- 
fessions &c} 

19"'-  Adjorn''  to  2  OClock  afternoon. 

2  O'CIoek  afternoon  met  aeeoi'ding  to  adjornment. 

20tti.  Voted  that  Col"-  Sam'''  Wells  Come  before  this  Body  i^i  Be  Ex- 
amined Tiaxching  a  Complaint  Exhilnted  to  llif  County  Committee 
against  him  the  s'l  Wells. 

211-  Voted,  that  the  Case  of  Benjamin  (xorton  be  Refer*'  Up  to  tlie 
first  Tuesday  of  jSTovm'"  Next.  Finding  2  good  Surities  of  fifty  pound 
Each  together  with  giveing  his  own  15oiid  for  one  hundred  pounds  tor 
his  apereance  at  that  time. 

22"'-  Voted,  to  Chuse  a  Committee  &  accoi'diug  Choose  John  Bridgmaii 
Esq.  Ml-  Olverd  &  Mr  Ai-ad  Hum  to  Wait  on  Col"-  Wells  &  inquiie  in- 
to it  se  What  County  Monies  may  be  in  his  hands  &  Report  to  this  Com- 
mittee. 

23*1.  Voted,  that  Col"-  Wells  he  Directed  to  settle  with  Cap'-  Benjamin 
Burt,  former  Countv  Tri'asui'er.  ns  soon  as  may  be. 

24Ui.  Voted,  that  the  Powder  Which  is  sent  to  this  County  by  the  Pro- 
vincial Congress  of  New-York,  be  delt  ( )ut  to  the  several  Towns  Commit- 
tees according  To  the  Numl)er  of  the  inhabitants  in  the  several  Towns, 
and  that  the  persons  Receiving  the  same  give  a  Receij)'  to  the  Chairman 
of  tlie  County  Committee  for  the  Quantity  they  ie<eive.  iS:  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  25"'- 

2.5th.  Proceeded  to  the  Tryal  of  Edward  Smith,  being  Committed  to 
Goal  for  Counteifiting  sertain  Bill  or  Bills  of  Credit  Emitted  by  the  Col- 
onies, &  after  hearing  the  Evidences,  they  being  duel}'  sworne,  &  De- 
liberating on  the  Case,  do  agree  &  Resolve  that  s''  Smith  by  name, 
together  with  tlu'  Circumstances  of  the  Case,  be  put  into  the  public  Ga- 
zatte,  signal  ^y  ye  Chairman.  &  that  he,  s*'  Edward  Smith,  pay  the  Costs 
&  Charge  before  he  dejiart  from  the  Goal.  Bill  of  Cost  Filed  amounting 
to  £10  -i,  «fe  I'aid  up.     Adjorn''  to  tomorrow  Morning,  (5  O  Clock. 

'  To  this  vote  B.  H.  Hall  added  the  following: 

In  the  New  York  Gazette  of  June  23d  1777.  it  is  staled  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.  ])ermission  was 
granted  to  any  one  to  shoot  him  shoukl  he  be  f  mud  beyond  the  bounds 
of  his  acres. 

Although  this  was  published  a  year  at  least  after  Spalding  arrested 
C  '1.  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.  177.")  to  the  end  of  thai  body,  April  .3  1775.  His  family 
was  I'ewarded  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.  i. 


ApppYidix  A.  K:>.  1.  855 

.Tfly  i'ljiii. 

Six  ()Cli)ck  in  thr  niiti-niim-  "let  acconliuu  to  ndjonimciil. 

2()"'-  Voted,  tlint  in  C(>nse(|iU'nc('  f)t' Divors  Coniphiints  of.Iolin  Grout, 
it  is  ReconimeiiiU'd  thai  it'  llii-  s''  Grout  shall  be  accused  Between  this 
time  and  the  next  settiiii:;  of  this  Committee,  that  he  l)e  not  hrouirht  be- 
fore or  Trycd  by  the  Committees  of  HocUinirlmni  or  Chestei-.  or  Either 
of  them,  lint  liefore  tlie  suli:eommiltee  of  some  Oilier  >«' eiijhbourini; 
Town. 

2/Hi-  Resolveti.  that  any  person  knowing  of  any  Criminal  Correspon- 
dence keept  up  between  any  jierson  or  jiersons  m  this  County  and  the 
Kinji's  Otticers  in  tlu^  army  at  Canady,  on  giveinp;  notice  iherenf.  shall 
Receive  the  Utmost  Protection  from  this  Commitlec. 

2fith.  Voted  to  Hear  M'"-  John  Grouts  Complaint  against  Tho-  Chan- 
dler Ju'-  Esq..  &  Directed  him  the  s''  Cliandler  to  ajijiear  liefore  this 
Committee  the  first  Tuesday  of  Xovem'"-  ZS'ext  *\c  Strictly  Injoyned  him 
to  be  of  the  g-ood  Behavoui-  towards  the  s'l  Grout  &  his  family  in  tlie 
mean  Time.' 


Mkktfng  of  the  Committees  ok  Cumbehland  and  GLoi'fKSTKi; 
Counties  at  Windsoi:.  August  fi,  177(>. 

[From  tlie  Pimiry   Pnperx.] 

August  (>"|'-  1770. 
The  Committee  of  the  County  of  Cumberland  In  Conjunction  with 
the  Committee  for  the  Count}'  of  Glouster.  meet  at  Windsor  Town- 
house in  Order  to  ai)point  (J>fficers.  such  as  Ca])'^-  Lieuf**-  &c.,  for  a 
E,an<rin<i^  De|)artment  granted  b}- 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^'  M"'-  Joab  Hosing- 
ton  [Hoisington]  Major. 

Following  Members  Being  Present,  Formed  into  a  body  &  Proceeded 
to  Buisness: 

Capt-  James  Cla}',         Isreal  Burllingame,         M'-  Tylden,'-' 
Elkanah  Day.  Cap'-  Curtis,  Lieu'-  strong, 

Eben'-  Fuller.  p]ben»"-  Hosingt  )n,  BcMij-'-  Emmons, 

Jon'*-  Burk,  M''-  Uphain.  Lieu'    Powers. 

Col'>-  Kent." 
Choose  Cap'-  Cla}',  Chirman.  anil  D'-  Elkanah  Day,  Clerk, 
l*"      Agreed  to  ajipoint  ."}  Cap''*-  and  4  Lieu'*-  in  the  County  of  Cum- 
berland, and  one  Ca|)t-  &  4  Lieu'-"*-  in  the  County  of  Glouster. 

'  Judge  PrNGRY  riiggi'sts  that  four  pages  [a  sheet]  or  more  following 
this  entrv  are  lost.  The  fact  that  no  adjournment  to  a  future  day  is  en- 
tered, if  unexplained,  would  countenance  this  supposition:  lint  the 
meeting  of  July  2."{-  6,  177(),  was  a  special  one.  as  was  also  that  of  Au- 
gust ()th.  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  pari  of  the  record  has  been  lost,  and  for  still  another,  to  wit  :  tlie 
records  of  July  28-26,  and  of  August  (5,  and  the  beginning  of  the  record 
of  Nov.  5-S,  are  upon  one  and  the  same  sheet. 

^Stephen  Tilden  of  Hartford. 

^  Col.  Jacob  Kent  of  Newbury. 


-356  Appendix  A,  No.  1. 

S*!-  Procoeded  to  Chase  the  Officei-s  for  Cumberland  County,  l^t-  Ap- 
pointed Beniauiiu  Wait  of  Windsor  \^  !»•  Cnjif'  in  the  above  Dejjart- 
ment.  Elislia  ilawiey  !'•  &  Zebelon  Lyon  [  ^'J  ]  liis  Lieut^-  [All  com- 
missioned by  New  York.] 

3fJ'y-  Appointed  Majr- Joel  Mai'sh,  Caj)'-  in  s'>  Department.  [Not  ct)m- 
missioned,  and  proliably  declined. — See  athly.] 

4'y-  Ajjpointed  Cap'-  Sam'-  Fletcher  [of]  Tovvnsend  a  Ca])t-  BenJ. 
Whitney  [of]  Westminster.  1'-  Lieul.  [Abner  Seelye  commissioned  in- 
stead of  Mr.  Fletcher;  Whitney  wa.s  commissioned.] 

,5Uiiy.  Voted  to  Chuse  a  Coinmiltee,  &  accordingly  Choose  Thomas 
Hazen,  Stephen  Tylden,  Lieut.  Strong,  J.  Winchester  Deny  [Dana,]  to 
Join  the  Connnittee  of  Glou.stet  County  to  a]i|)oint  their  proportion  of 
Otiicers  for  the  above  Arangement,  Viz.  1  Capt-  &  4  Lieut«-  &  to  meet 
at  Abnei-  Chamberlains  in  Thetford  Next  Tuesday  at  10  OClock  13e- 
forenoon  &  to  ap))..int  a  Cap*-  In  sted  of  Maj'-  Marsh  in  Case  he  refuse 
— also  ap])ointed  Col"-  Kent  to  mannage  s<'  meeting  &  make  projjcr  return 
to  New  York,  sign''  by  the  ("barman. 

fjthiy.  Voted  that  the  sub-committees  of  the  several  Towns  in  this 
County  to  se  the  Association  Contain^'  in  tlie  Late  Handbill  from  N. 
York  is  Universally  sub.sci'ibed  to  &  the  Refusers  to  sign  Proceeded 
with  According  to  s^i  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  jiroceed,  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  otflcers  for  Gloucester  county, 
the  full  list  was  rend  in  the  Provincial  Convention  on  the  ^Btb  of  Sep- 
tember, and  the  otficers  commissioned  were  sworn  on  the  lOtli  of  October. 
The  number  of  RanLreiN  authorized  to  be  raiserl  on  the  23d  of  July  was 
two  hundred  and  tifty,  divided  into  toui-  companies,  the  whole  to  be  under 
the  command  of  Maj.  Joab  Hoisington.  The  company  otficers  from 
both  counties  ultimately  commissioned  were  the  following: 

Captains.  First  Lieutenants.         Second  Lieutenants. 
Benjamin  Wait,  Elisha  Hawley,  Zebulon  Lyon, 

John  Strong,  Eldad  Benton,  John  Barnes, 

Joseph  ILatch,  Simon  Stevens,  Amos  Chaml)erlain, 

Abner  Seel3'e,  Benjamin  Whitney,     Jeliial  Robbins. 

Capt.  Seeley  resigned  Dec.  22  177G,  having  been  named  Ca])tain  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.  2G5-8,  772. 


Appendix  A^  JVo,  1. 


357 


Mketing  of  Cumbkhlaxi)  County  Committkk  at  Westminster, 

Nov.  ;V<I.  177<;. 

[From  the  Hmjry  I'aperf.] 

Tuesday,  o'''  Noveni'"-  1776. 
Tlie  County  Committee  Met  according  to  Adjornment.     A  Number 
but  not  a  Sufficient  Coram  to  Proceed  to  Buisness     the  Members  Pres- 


ent Concludi'd  t( 
County  House. 


adjourn  to  toinoirow  morninLT  Nine  O  Clock,  at  the 


NoVEM«    6*''- 

Members  Present 

Townsend — Cap'-  Fletcher. 

iir    t     •     ,        \  L*^'  Norton, 
Westminster-  -—  ' 


Esq. 


]  !)'••  1  )ay. 
Hindsddle — John  liridgman, 
Gillford —  Ksq.  Nichols. 
Fallom — l^ieut-  Spaldvvin. 
Brattle" — Cap'-  Servants. 
lSpri)itjfield—^\nMn\  Stevens,  Esq. 
Kent — Cap"^-  Akin. 


Meet  according  to  adjorn'- 

D  ,  S  Capt-  James  Clay, 

Pi*«ue.v-JLu,asWillson./ 

Rockingham — Will'"  Simons. 

,,,     ,  \  John  Chandler, 

(Jiester —  k  /-,     ,   r-  i.-     i 

\  Ca])'-  Cxeorge  Karl. 

TfoWe/a.r— Pelatiah   Fitch. 

Neiofain — Luke  Knolton,  Fscj. 

Winsor — Eben'-  Hoisington. 

Wnodstock — 13enj='-  p]mmons. 

Wilmington  ) 

[or]        >•  Sam'-  King. 

Draper —  ) 

Formed  into  a  Body  &  Proceeded  to  Business. 

It-  Voted  that  [the]  Case  of  VV'"-  Tagart  against  Nath^i-  Bennet  Be 
Continued  up  to  the  Next  Sitting  of  the  County  Committee. 

2^*-    Adjornf'  to  3  O  Clock  afternoon,  then  to  meet  at  this  place. 

3  OClock  afternoon,  meet  accor<ling  to  ajornment. 

;3iiiy-  Voted  to  sight  Jonathnn  Fuller  to  ai)iiear  forthwith  Before  the 
County  Committee  to  answer  to  Ichebod  Ide,  Ju''- 

4'''»     Adjorn''  to  tomorrcjw  morning  seven  oclock. 

NOVEM«  7t''- 

7  o  Clock  in  y*^  nKjrning.  met  according  to  adjornment. 

In  Consequence  of  a  Petition  from  Alexander  Kathan  of  Fullam, 
against  Ebenezer  Haven,  seting  forth  that  said  Haven  lias  Dejiriv'  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]  he  Setled  in  your  Town  H[ereafter,  and]  that  no 
Person  be  Depriv'  of  that  Which  God  &  Nature  [have  given]  by  no 
Means  Whatsoever.' 

Voted,  that  whenever  tliei'c  is  any  thing  that  is  Perferred  [to]  this 
Committe  that  has  a  Tendency  to  Disquiet  and  Per])lex  the  good  ])eople 
of  this  County  and.  this  Committe  whereliy  we  are  Detained  &  hindred 
of  Carriing  on  business  that  whoever  of  said  parlies  shall  fall  in  the  Rear 
Damages  Shall  be  awardt'd  and  on  failure  of  Immediate  paynu-nt  or  Suf- 
ficient Sureties  shall  I)e  Committed  till  i)aymeiit  is  made. 

Voted,  by  this  Committe  that  the  ('ommitte  of  Safety  for  the  Town  of 
Westminster  Immediately  take  Solomon  Phelps  and   Convey  him   to  y"^ 


^  Portions  of  two  leaves  are  gone,  and  the  naissing  words  are  supplied 
by  Conjecture. 


S^jS  Appendix  A,  No.  1. 

Com*"''  of  the  Xext  Town  and  so  on  till  he  is  Conveyed  as  was  the  Prac- 
tice in  times  Past  till  he  is  Co-nveyed  to  his  own  home.' 

Voted,  Geni  it  is  our  minds  to  move  tliat  the  Letter  Drawn  by  Esq. 
[Charles]  Phel))s  and  siii;ned  by  the  Chairman  of  this  Comniitte  may  be 
by  order  of  this  Conunitte  withdrawn  from  the  Convention  of  this  State 
[New  York.] 

Voted  to  with  Draw  this  Letter." 

This  Meeting  was  adjourned  till  2  "  Clock  in  the  afternoon  of  this  Day. 

We,  the  Subscribers,  Being  Members  of  the  Committee  of  Safety  for 
the  County  of  Cumbei-land,  think  our  selves  Bound  in  the  Strongest  Ob- 
ligations to  stand  For  the  Pease  &  Good  Order  of  this  County,  Under  the 
Directions  of  Hon''i  the  Continental  Congress,  &  we  Whose  names  are 
hereunto  subscribed  are  of  Opinion  that  the  Major  part  of  the  s''  Com- 

'  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  atiairs  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  memlier  of  it.  Mi.  Phelps 
was  a  Whig,  but  unfortunately  lie  was  occasionally  insane. — Eastern 
Vermont^  pp.  277,  61)1. 

-The  letter  of  the  2lst  of  June  was  very  distasteful  to  the  New  York 
Convention.  That  body  had  authorized  the  raising  of  a  force  of  two 
hundred  and  fifty  Hangers,  and  on  the  24th  of  July  1770  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  Y'ork  was  doubtful.  The 
matter  was  settled  by  voting  money  for  the  wages  and  rations  of  the  Rang- 
gers,  but  entrusting  it  to  aCommittee,  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  te'mper  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  l^'oi-k,]  so  that 
all  causes  of  disti'ust  may  subside,  and  the  harmony  which  is  so  essential 
at  this  important  conjuncture,  may  be  fixed  on  the  surest  foundation." — 
Eastern  Vermont,  20,3-274.  When  the  Cumberland  County  Committee 
met,  in  November,  its  members  were  embari-assed  by  danger  apprehend- 
ed from  the  British  forces  under  Gen.  Carleton,  then  on  LakeCiiamplain. 
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.  859 

rnittee  act  Ri'pugnant  to  tlio  resolves  of  tlie  Hon'''  Continental  f'onjrress  : 
therefore,  we  Whose  names  nre   Ilneunto  Knncxcd.  Enter  Onr  Di^eut 
from  s''  (Jonniiiltee  of  Safety,  and  Oni-  Piotest   against   the  further   Pro- 
I'eedinjj^s  of  this  ("onmiittee  as  Committee  of  Safety  for  the  County. 
Westminster,  7"'  Novem'"-  177(5. 

John  Ciiandler, 
W>"-  Simons, 
LeoTiard  Spalding, 
We  whose  Names  are  to  this  an-  .lose])!!  Ilildreth, 

nex<^-  moove  that  \^  Protest  ahove  George  Earll, 

Written  may  be  withdrawn,  &  we  Eben'-  Iloisington, 

to  Join  again  as  members.  Sam''  Fletcher.' 

John  Chandler, 
Eben'-  Hoisington, 
W'"-  Simons, 
Joseph  Hildreth; 
George  Earll. 
Leonard  Spalding, 
Sam'-  Fletcher. 
Adjorn*'  lo  7  o  clock  Tomorrow  Morning. 

NOVEM"-  8"'- 
7  o  clock  in  the  Morning  meet  according  to  adjorn'- 
Voted  to  Chiise  a  Committee,  &  according  Choose  John  Bridgman, 
Esqr..  Eben'"-  Hoisington.  D'"  Fitch,  John  Chandler,  Esq.,  &  Esq.  Knol- 
ton  To  Deliberate  on  Withdrawing  a  Peise  Sent  to  the  Provincial  Con- 
gress of  Esq.  [Charles]  Phelps*  Di'aft  Touching  being  Laid  to  Massachu- 
setts Bay  or  some  Other  State,  &  to  frame  something  to  send  in  its  sled 
and  to  make  Report. 

Took  under  Consideration  the  Case  of  Benjamin  Gorton  Being  15ound 
Up  to  this  Time  &  setting  of  the  County  Committee — and  find  no  Evi- 
dence or  any  Person  to  Accuse  him  the  s''  (iorton,  therefore  Discdiarge 
him  by  Giveing  Up  his  Bond. 

Adjorn^-  to  Two  O  C'f)ck  aftei'noon. 
2  O  Clock  afternoon  &  Meet  according  to  Ad.jornment. 
Took  under  Consideration  the  Complaint  of  M'-  John  Grout  against 
Maj''-  Tho'^-  Chandler,  [Jr.,]   Vi  Members  ]}eing  Duly  sworne,  &' after 

'  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.  .SO,  177G,  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,  177fi;  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  agreed  to  on  the  same  day,  on  which  tlie.se  gentlemen 
resumed  their  seats  in  the  Committee,  reserved  the  light  of  apjieal  from 
New  York  to  the  Continental  Congress.  This  eonfirnis  a  rei)oit,  which 
one  of  tlie  committee  of  the  New  York  Convention  made  a  few  davs  b(  - 
fore,  (Nov.  3.)  that  was  on  the  whole  unfavorable  to  the  jurisdiction  of 
New  York. — Eastern  Vermont^  p.  276. 


360  Appendix  A,  No.  1. 

Melurely  Deliberating  on  the  Case  Eesolve  that  M'"'  Tho^-  Chanrller, 
Ju'-  pay  to  the  s''-  John  Gi-ont  the  sum  of  six  Pence  York  Currency,  & 
pav  the  Cost  Eiiually  Between  them,  tfc  that  the  Parties  be  Repre- 
manded  by  the  CMiairnian  In  Presents  of  the  Whole  Board. 

adjorn''   to  tomorrow  Morning  7  o  Clock. 

NovEM"-  9ti«- 

7  oClock  in  y^  morning  Meet  Accoixling  to  Ajorument. 

The  Committee  appointed  by  this  Body  to  Take  under  [Consideration 
the]  Expediency  of  the  J^ettei'  sent  from  this  Body  Da[ted  21^  June 
last]  Toucliing  IJeing  Laid  to  some  Othei-  state,  &c.  &c.  Re[i)ort]  Tiiat 
whereas  the  Conmiittee  of  the  County  of  Cumberland  [have  received]  a 
Handbill  from  the  Convention  of  the  state  of  New  York  [directing  this 
Com]mittee  to  Withdraw  a  L(;tter  which  was  sent  to  them  fiom  this 
[body,  bearing]  Date  21''-  of  -June  Last;  we  the  Committee  as  atore  s<>< 
Having  Taken  [the  same  under]  Consideration,  Report,  that  s'<-  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  iiold 
it  Our  Riglit  to  Present  to  the  Honour'^  the  [Provincial  Congress]  of 
this  state  a  Petition  &  Remonstrance  seting  forth  those  Grieva[nces  that 
are  the]  Cause  of  the  Uneasiness  that  sulisists  among  us,  for  their  wise 
[Cijusideralion]  &  redress,  &  if  on  proper  Delil)iration  it  may  be  thought 
proper  a  [separation]  should  be  most  Conclusive  to  the  peace  &  Happi- 
ness ot  this  County,  we  Do  not  [preclude]  Ourselves  from  tlie  Priviledge 
of  Pi'esenting  Our  Petition  to  the  Hon'*'  the  Continental  Congress  for 
tlieir  wise  Determination  we  still  mean  to  pay  all  Due  Deflierence  to  the 
state  of  New  York  and  pay  our  pro})ortion  of  the  Necessary  Charges  of 
the  State.' 

Voted  to  Accept  the  al)ove  Report  &  that  a  Coppy  be  sent  to  the 
Hon'-  Convention  for  the  state  of  New  York,  signal-  B3'  the  Chairman 
of  this  Conmiittee  &  attested  By  the  Clerk. 

Voted  to  Adjorn,  and  accordingly  Adjorn'^-  to  the  First  Tuesday  of 
June  Next,  Nine  O  Clock  liefore  noon,  tlien  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  cfiunty  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  sucli  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  6,  1777,  the  New  York  Convention  instructed  tlie  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 


'  Part  of  the  record  of  this  report  is  torn  otf,  and  the  lost  words  are 
supplied  in  brackets,  nearly  as  in  B.  H.  Hall's  Eastern  Vermont.,  p.  278. 

''B.  H.  Hall's  Eastern  Vermont,  pp.  291-2. 

'  Printed  hand-bill  among  the  Pingry  Papers. 


Appendix  A,  No.  1.  361 

the  20th  of  tlie  same  month,  it  was  voted  by  a  great  majority  not  "  to  act 
according  to  orders  from  the  State  of  New  York."  Tlie  fact  that  other 
towns  failed  to  elect  members  of  the  connty  Committee  is  doubtless 
chargeable  to  like  hostility  to  New  York. 


The  following  documents  show  that  New  York  felt  the  imi)ending 
danger  in  Vermont,  where  an  indeitendent  government  was  then  about 
to  be  set  up  by  the  adoption  of  a  constilulion  in  the  following  July. 

INSTRUCTIONS  TO  COUNTY  AND  SUB-COMMITTEES. 

[From  Uie  I'iiigry  J'apers.] 

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 
Sul)  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  atfected  the 
right  of  appeal  from  any  Sub  Committee  to  the  General  Committee. 

Extracts  from  the  minuts,  RobRt.  Benson,  Sec'v-^ 


In  Convention  of  the  Representatives  of  the  State  of  New  York, 

at  Kingston,  May  5,  1777. 

WHEREAS  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  energv  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  memliers  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  oflice 
of  a  member  of  any  of  the  said  Committees  is  extremely  painful  and 
laborious,  yet  as  the  service  will  probalil}^  expire  before  the  said  day,  it 
is  most  earnestly  recommended  to  the  good  subjects  of  this  State  cheer- 
fully to  undertake,  and  vigilantly  to  execute  the  said  ofiice;  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,  b}'  the 
assistance  of  which  they  expect  to  accumulate  greater  evils  upon  a  coun- 
tiy  which  they  cannot  subdue,  and  without  which  all  their  diabolical  de- 
signs must  prove  utterly  abortive. 

By  order,  Abraham  Ten  Broeck,  Pres. 

Attest,    Robert  Benson,  Sec'ry.^ 

'  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,  S[)riug- 
field." 

25 


362  Appendix  A,  No.  1. 

In  CoNVKNTiON  of  the  Represkntatives  of  the  State  of  New  York 

Kingston,  May  S^ii'  1777. 
Resolved  that  the  Committees  of  the  County  of  Albany,^  Tryon,  Char- 
lotte/ Cumberland,'  Glossencester,  [Gloucester,']  Ulster  and  Orange  be 
requested  and  empo\vei-ed  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,  /S'ecr'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  Dificuity — ^Resolved  that  Such  of  the 
members  of  the  Said  County  Commite  as  on  Duely  Regulai-  notice  for 
the  Convening  of  the  said  Commite  sliall  meat  Be  authorized  to  Pro- 
seed  to  Buiseness. 

Extract  from  the  minits,  Robert  Benson,  Sec'v-'^ 


In  Council  of  Safety  for  the  State  of  New  York. 
Kingston,  May  19"'  1777. 
Resolved  that  the  Sherifs  of  the  several  Counties  in  this  state  who  are 
not  already  qualified  for  executing  their  offices  do  quality  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  ofGovernor  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 

'  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  ])efore  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. 

^  Both  of  these  are  manuscript  copies,  the  one  of  May  10th  ajiparently 
by  Simon  Stevens.  The  errors  in  orthography,  &c.,  are  douJjtless 
chargeable  to  those  who  made  the  copies. 


Appendix  A,  jVo.  1.  863 

of  the  Couvcntion  of  this  State  lui~ Organizing  A:  Ivslablisliing  (lie 
Government  agnetl  to  b}-  the  said  Convention  made  and  publislicd  the 
Eight  di\y  of  May  instant. 

A  true  Copy  fi'om  tlie  Minutes, 

John  ^IcKksson.  Semi. 
To  the  Sherif  of  Cumberland  County. — Copy.'' 


Mkkteng  of  County  Committkk  at  Wkstminstkij,  Junk 
4  AND  ;■),  1777, 

[From  the  IHnijry  Paper.i.2 
Towns  names.  Sleiis  names,     i      Towns  names 

Westminster — M'-  Michael  Gilson 


ucies  [Lucas]'  Wilson. 

Braltleborough-  \  V'f'^'f  ^^'^'V'' 
^         I  John  Sergents. 

Tindsdale —  j  Eleazer  Paterson, 

[  Vernon,']    \  Amos  Tute. 


Hartford — M""-  Ilazen. 

^      •"  \  Jerah*^'  Powars. 

7ren«_..JJ^""«^«McCornick 

(  [McCormick.j 

Pomphret-  -  \  ^'(ll''  ?'"V'^'  t^/"''"^ 
^  ^     Wnichester  Dana.] 

Wethersfield  — Maj.  [Hilkiali]  Grout.- 


Westminster  June  y*"  4  1777. 

The  above  Gen*-  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  Cap*-  James  Clay,  Chairman. 

Secondly — Choose  Simon  Stevens,  Clerk. 

AdjournJ  Untill  two  o  Clock  P.  M. 

Two  oClock. 
Meet  according  to  adjournment- 
&  petion  [petition]  of  Abigail  Evens  Heed, 

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: 

'  This  was  probably  addressed  to  Paul  Spooner,  who  was  chosen  sherift' 
by  the  New  York  Convention  on  the  5th  of  May  1777.  He  declined 
the  otflce,  but  the  New  York  authorities  seem  to  have  had  no  notice  of 
the  declination  until  tiie  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  anj'  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  lliis  mceling,  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  youj-  Honors  Ilumljly  Sheweth  Ihat 
your  petitioner  was  Tiilien  l:)y  the  Commitee  of  Brattlel)orongli  and  eon- 
fin'i  in  gaol  on  Suspicion  of  my  being  gulty  of  Some  Creminal  act  or  ac- 
tion against  the  States  of  America  &c 

andas  the  Law  of  this  State  is  Such  that  when  any  person  found  guilty 
of  any  Suspetted  Crime  by  the  Commitee  of  any  Town  in  tliis  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  ReC^  [recQive]  my  punishment  and  if  Ino- 
sent  that  I  may  go  home  to  my  poor  Children^  as  you  must  be  Senc^ibh; 
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 

Abejall  Evans. 

June  3J  1777  Westminster. 

To  the  Chareman  of  the  Commitee  of  County  of  Cumherlaml  in  province 
of  New  York. 

Adjourn*'-  till  tomorrow  Nine  o'Clock. 

June  ye  5. 

3'y-  Voted  not  to  go  upon  the  Publick  Bisness  of  the  County  untill  a. 
fuller  Number  of  the  Committee  [is  present.] 

4iy-  Voted  to  adjourn  this  Committee  untill  the  Seaventeenth  Day  of 
this  Instant  June  at  nine  oClock  Before  noon,  then  to  meet  at  this  place. 


Ad.tourned  Meeting  at  Westminstek,  June  17  and  18,  1777. 

Westminster  June  the  seaventeenth  the  Committee  meel  according  to 
adjoiu-nment. 

Members  Present — 

Putney — Capt-  James  Clay,  Chairman;  Luicas  Wilson. 

Westminster — Michael  Gilson. 

Brattleboroug  —  Obidiah  Wells. 

Springfield — Simon  Stevens. 

Weathersfield — Hilkiah  Grout. 

Ilensdale — Elezer  Paterson.' 

Adjorn'i  [until]  tomorrow  nine  o  Clock:  and  then  meat  accoi'ding  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  Cap*-  John  Sargents  in  Brattleborough.- 

Bkattelborougii  June  y  2G:  1777. 
Meet  according  to  aJornment,  at  Time  and  Place  of  the  Ajornment. 

'  Mr.  Patterson's  name  is  omitted  in  one  of  the  two  cojjies,  and  prob- 
ably he  was  not  present.  The  subsequent  "llcpresentation"  is,  that  only 
five  towns  were  represented  on  the  17th. 

'^On  another  sheet,  apparently  the  original  minutes,  is  this  entry: 
"  The  house  when  met  thot  not  fit  to  go  on  upon  Buisness  But  ajoyrne'' 
to  Brattleborough,"  &c. 


Appendix  A,  No,  1.  .S65 

Mtinhci-.s  PresoDi  — 
s  Puliu'v — JaiiK's  Clay  and  Lucias  Wilson. 
.  AVeslinlnsk'.r — M''-  Micliael  Gilson. 
,...,,  „  ,        \  M>--  Obadiah  Well,  [Wells,] 

"^  I  Capf-  John  bargcnl. 

2^ew  Fane — Luke  Knoll  on,  Es(|'- 
Wcathcrsfleld— Hilkiah  Grout. 

Hensdel,  [Vernon,]— Col:  Eleazer  Paterson  and  M""-  Amos  Tute. 
firsl — Voted  and  Chose  riilkiah  Grout  Clerk  i>ro  Tempore. 
2.  Voted,  To  make  a  True  llepresentalion  of  the  Broken  State  of  the 
Inhabitance  of  the  County  of  Cumberland,  and  Assign  Some  Reasons 
why  the  County  Committee,  Didnot  Proceed  agreable  To  the  llesolves 
of  the  Convention  of  the  State  of  New  York,  in  Respect  to  their  Choos- 
ing (xovernor  and  Deligates  to  Send  to  Convention. 

3iy-     Voted,  to  Choose  a  Committee  to  Draft  a  Representation  and 
Lay  it  before  the  Committee.     Choose  Cap*-  .Tames  Clay,  M""-  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]  Slate 
of  New  York  appointing  the  Committee  of  the  County  of  Cumberland 
to  assist  the  Sheriff  in  Holding  the  Election  of  Govei'uour,  L'-  Gover- 
nour,  Senitors,  &c.,  the  County  Committee  from  eight  towns  meet  on  the 
fourth  Day  of  June  Instant  and  proceedid  to  make  Choice  of  Cap*-  James 
Clay,  Chairman,  and  Mr-  Stevens,  Clark,  and  after  Delibei'ating  on  the 
Important  alfair  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  Sherilf '  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'i  to  meet  at  Brattleborough  on  this  26"!  Day  of  June,  where  they 
are  meet  according  to  adjournment  from  six  towns,  and  where  also  a 
number  of  men  who  are  ai)pointed  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  Repieseuting  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  Rejn'escnt  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  Com*''^^  to  proceed  to  any  pub- 

*  Doctor  Paul  Spooner,  who  joined  "  the  people  Avho  "  were  "  setting 
up  a  new  state." 

^Guilford  had  no  reguhii-ly  appointed  committee-man  present,  but 
doubtless  some  person  to  represent  the  New  York  party  in  that  town. 


366  Appendix  A,  No.  1. 

lick  Businoss  in  this  County,  and  that sevcinl  prisoncr.s  now  in  Prison  in 
the  County,  vvho  might  liavf  horn  set  at  Lil)erty  agrcable  to  (he  "Rc- 
!-olV(  s  of  the  Conveiitiou  of  the  State  of  New  York,  are  still  Kept  in 
prison  in  the  most  Pitifull  Cii'cumstances,  and  are  so  Like  to  Continue — 
and  that  the  puhliek  jieaoe  is  in  so  [far]  Interrupted  hy  the  Proeeoding 
of  tliis  Convention  at  AVindsoi',  and  those  Disordeily  i>ersons  who  are  so 
warmly  engaged  in  Su])porting  the  Illegal  authoiity  of  theii'  New  Slate, 
that  it  hath  already  Considerably  Hindered  the  Eaising  men  for  the 
Common  Deienee— and  we  think  we  have  Reason  to  JJelcave  that  if  a 
slop  is  not  Speedily  jnit  to  this  S|)irit  of  Disorder  whieh  Rages  so  vehe- 
mently here,  that  a  linal  period  will  soon  be  ]ivit  to  any  further  provision 
beingniade  in  this  County  for  the  Common  Defence  of  ameriea. 

We  further  Represent  that  a  Considerable  number  of  the  peo]ile  in- 
this  County  wl)0  are  so  warmly  engaged  in  the  seeting  up  their  new 
Stale  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  vvho  are  for  the  new  State  in  this  County  ai'e  persuing  that 
which  they  Esteem  their  privit  Interest  and  prefer  that  to  the  publick 
weal  of  America — and  that  they  are  Determined  to  su])port  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  b}'  the  sword. 

And  we  Do  hereby  solemnly  Declare  that  we  Intirely  Disap])rove  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  sup})ort  the  Leagal  athority  of 
the  State  of  New  Y'ork  in  this  County. 

Signed  by  order  of  the  Connn'*"-'  and  those  other  persons  Specially  ap- 
pointed for  the  purposes  aforesaid.  James  Clay,  Chairman. 

Dated  at  Brattleborough  y''  26  day  of  June  A.  D.  1777. 

To  the  Honourable  Convention  or  assembly  of  the  State  of  New  York. 

4'5'-  Voted  to  except  the  Report  of  the  above  Committee  and  that  it 
be  sent  to  the  Convention  of  the  State  of  New  Yoik. 

o'y-  Voted  that  M^-  Eleazer  Patterson  and  Hilkiah  Grout  be  ap- 
pointed to  Carry  the  Representation  of  this  Committee  to  the  Conven- 
tion at  the  State  of  New  Y^'ork. 

6'>-      Voted  to  adjourn  untill  tomorrow  morning  at  Seven  o  Clock. 

Juke  y^  27. 

Mett  according  to  adjournment. 

7'3-  Voted  lliat  Whereas  the  Committee  of  Safety  of  the  State  of 
New  Y'ork  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 lit  and  sutable  places  for  Innoclation  for  the  small  pox — the  Com- 
mittee of  the  County  of  Cumberland  do  therefoi-e  by  the  athority  and 
Trust  Reposed  in  them  by  the  Committee  of  the  State  of  New  Y^ork,  Do 
allow  and  approve  that  a  house  may  be  Built  in  the  town  of  Brattlebo- 
rough for  the  puri)ose  of  Innoculation  in  such  a  part  of  the  town  as  shall 
be  ajjpointed  b}'  M>"-  Obadiah  Wells,  Cap'-  John  Sergent,  and  L'-  Israel 
Smith,  and  they  to  have  whole  Care  and  Inspection  over  said  house  that 
the  small  pox  Doth  not  Spread. 

M>'-  Patersons  and  Grouts  Credentials. 
These  are  to  Certify  to  the  Honorable  Convention  or  Assembly  of  the 
State  of  New  York  that  Col"-  Eleazer  Paterson  and  Maj'"-  Hilkiah  Grout 
the  Bearers  hereof  was  this  Day  appointed  by  the  Committee  of  this 


Appendix  A,  No.  1.  867 

County  to  Ctiiivcy  to  the  Asscmlil}'  oi-  Coiivcrition  \\\v  Tvciirt'scntatiou 
and  Disapprobation  lu-ri-wifli  to  tlu-ni  Coniniitcd,  and  also  tlu;  cxpfnce 
of  his  Joiirney  is  born  by  private  Subsci-iption  as  the  Disordei"'  Stale  of 
the  County  Ren(U'rs  it  lnip()ssable  to  Ease  any  money  in  a  publ)liek  way, 
tlierefore  the  Coniinitty  prays  tlie  Assembly  or  Convention  Give  their 
assistance  in  tliis  alfair. 

Voted  that  the  above  l)e  signed  by  the  Chareman  and  given  lo  Col"- 
Patterson  and  Maj.  Grout. 

Voted  to  adjourn  this  Committee  to  the  lirst  teusday  of  ye])lember 
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.]  Woodstock,  [none.] 

Brattleborough,  [none.]  Eockingham,  M''-  Simons. 

Guilford,  [none.]  Springfield,  Mr-  Stevens. 
Halefax,  [none.]  ditto  M""-  Powers. 

Draper,  [Wilmington,  none.]  Winsor,  [none.] 

New  Fane,  [none.]  Hertford,  [Hartland,  none.] 

Putney,  [none.]  Chester,  M""-  Sergents. 

Pompiiret,  [none.]  Kent,  [Londonderry,  none.] 

Townshend,  [none.]  Wethersfield,  Mr.  Grout. 

Hartford,  M'"-  Rust.  Cavindish,  [none.] 
Westminster,  M''-  Gilston,  [Gilson.J    Fullam,  [Duramerstou,  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,  M«"-  Stevens  who 
was  Clark  opened  the  meeting. 

Fii-stly.  Voted  after  a  long  Debate  to  adjourn  said  meeting  until  to 
morrow  morning  at  Seven  o  Clok. 

Sept.  y^  3. 

At  Seven  o'Clok  met  according  to  adjornment. 

It  was  moved  that  this  Commitee  Send  Some  Sutiblc  Person  to  the 
Conv^ason  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  : 

*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.  ^. 

At  a  Legal  town  meclfing  hold  ai  PiiliK-y  on  the  thirleenlh  of  May  A. 
D.  1777,  Chose  Cai)t-  James  Clay  and  Left-  Lukus  Willson  Commitlee 
men  to  Join  (he  County  Convention  at  Westminster. 

Amos  Haile,  Clark. 

These  mav  Certify  that  Col.  Eleaz''  Pattei-son  &  M'-  Amos  Tute  were 
Legally  Chose  by  the  Inhabitants  of  Ilindsdale  [Vernon.]  as  members 
for  the  County  Committee. 

Jon™  Hunt,  Clerk. 

Hindsdale,  May  yf  13"'-  1777. 

May  the  20th  1777. 
At  a  legal  meeting  held  in    Spriiiglield,   CluK-^e  Simon    Stevens   and 
Jerathmiel  Powers  County  Committee  for  this  year  ensuing. 

Test,  Simon  Stevens,  Clerk. 

These  are  to  Certifi  all  whom  it  ni;iy  Consern,  that  Mr.  Obidiah  Wells 
&  Capt.  John  Serjants  where   Legally  Chose   Members  for  the  County 
Committee,  in  a  Full  Town  meeting  held  on  Tuesday  y"^   27  Instant. 
Attest,  STEr^  Geeenleaf,  Totvn  Clerk. 

Kent,  [Londondeery,]  June  2  1777. 
These  are  to  Sertifry  that  the  Bearer  James  McCormiek   was  Legaly 
Chosen  by  the  inhabitants  of  s'l  town  to  Represent  them  at  Westmins- 
ter the  3  of  this  Instant  at  a  Proposed  Meeting  of  the  County  Commit- 
tees by  Vartue  of  New  York  athority. 

Edwaed  Aiken,  Town  Clerk. 

At  an  Annual  Town  Meeting  held  at  the  Town  house  in  Windsor  on 
the  twentieth  Day  of  May  past,  alter  the  Choiee  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. 

Ebn^  Cuetis,  Toton  Clark. 

To  the  Chearman  of  the  County  Committee. 

Whereas  I  the  Subscriber  are  the  member  of  the  County  Committee 
of  Cumlierland  to  represent  the  town  of  Windsor  in  Convention  this 
third  day  of  instant  June,  Do  now  in  behalf  of  s<^  town  Enter  my  ])ro- 
test  against  any  proceeding  under  the  Slate  of  New  York  either  directly 
or  indirectly  as  to  any  Jurisdiction  over  s^'  town. 

Ebenezee  IIoisington. 

Agreable  to  a  Vote  of  the  Inhabitants  of  Tow^nshend  passed  on  Tues- 
day the  3'"^'  day  of  June  1777,  M'"-  John  Dyar  is  Impowered  to  Carry  and 
Lodge  the  within  Instructions  with  the  Chairman  of  the  Committee  for 
the  County  of  Cumberland. 

Attest,  Saml-  Fletchee,  Clerk. 

Instructions  to  Major  Josej^h  Tylar  by  the  iyihahitants  of  Townshend. 

That  you  do  iiot  act  with  the  County  Committee  of  the  County  of 
Cumlierland  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  y(ju  in  behalf  of  the  inhabitants  of  s'l  Townshend  do 


Appendix  A,  No.  1.  360 

]»roU's1  ai^iiinst  any  Coiiiily  Coininitlcc  siltinii  oi-  adiiiii  iiiKlt-r  the  au- 
lliorily  of  (he  State  of  New  Voi-k  in  s''  County,  untill  tln'  i-eport  of  (lie 
Delipites  of  the  N.  Hampsliire  Grants  wliieli  Iiavc  been  to  tlie  Continen- 
tal Congress  is  received.  Attest.  John  Dyai:,  (Jlerk. 

These  May  Certifye  tliat  Nathaniel  Ihthinson  Kscj.  iSz  M'  Michael 
(Jillson  (at  onr  Anniial  Meeting  the  Twentieth  Day  of  May  I^asf)  Was 
Jjeagalv  Choosen  Menihers  of  the  Committee  of  Safety  For  the  County 
of  Cuniherland.  ]>»■  ElkanaiiDay,  2\  Clerk." 

Westminstei-,  18"'  of  June  1777. 

At  a  Legnll  Meeting  of  the  Inhahitanls  of  the  Town  of  Ilindsdalc  ( )n 
y  IS),  day  of  Jnne  A."D.  1777.  Voted  &  Choose  Col  Kleazar  Palerson  c\: 
Major  Jonathan  Hunt  as  A  Connnittee  from  this  Town  to  Meet  the  Com- 
mittees of  Severall  Other  Tt)wns  in  this  (Jounty  at  Capt  SargiMils  in 
IJratlehoroug  on  the  Twenty  Sixth  day  of  this  Instant  June  at  Nine 
o  Clock  in  the  forenoon  &  that  \hvy  have  full  Power  &  Authority  from 
us  to  Joyn  the  Other  Committees  from  the  Othei-  Towns  in  (^loosing  a 
Man  oi-  Men  (if  they  should  think  IJest)  in  Order  to  Make  a  Represent- 
ation to  the  Continental  Congress  A:  the  Proviricial  Congress  [of  New 
Yo''k]  Concerning  the  New  &  unlawfnll  State  of  Vermont  that  Seems 
to  he  a  going  on  here  to  Our  Great  Dislurhance. 

Attest.  John  BitiDOii.'MAN,  Moderator. 

Putney"  Juih'  y<^  2:i;  1777. 
M'-  Clay  Laid  the  Leter,  lie  Pieceived  from  the  Committee  of  the 
Town  of  Bratel!)()urough,  Befor  the  Town  of  Putney,  and  a  I'revis 
Question  be[ing]  Put — it  was  Voted,  that  Caj)'-  James  Clay  and  M'- 
Luias  Wilson,  Jo3'n  the  Committee  at  Biatelhorough,  ou  the  2():  In- 
stant agreable  to  the  Leter    atest:  Amos  IIaile,  Town  Clarck. 

These  are  to  certify,  that  at  a  meeting  of  the  inhal)itants  of  the  town 
of  Weathersfield,  this  2;]''  (l;iy  of  June  1777,  that  we  made  ctiioice  of  Ma- 
jor Grout  and  Mr.  Eliphalct  S])afford  to  Join  a  Committee  of  Brattleho- 
rough  and  the  other  towns  they  have  sent  to,  by  oi-der  of  the  ai)ove  said 
town.  IsKAEL  BuitLiNGAME,  Toicu  Clerk. 

At  a  meeting  of  the  Inhabitants  of  the  town  of  Hertfoi'd  [Ilai'tland.] 
held  on  the  1(3  of  this  Instant  August  to  hear  the  I)esii-e  of  Capt.  James 
Clay,  Styling  himself  Chairman  of  ihi;  County  Committee,  Hc(|uesting 
that  the  s'l  inhal)itants  to  Chuse  County  Committee  man  to  Sit  at  West- 
minster on  the  first  tuesday  of  Sej)tember  Next, 

Voted,  first,  that  Joel  Mathews  be  Moderator. 

21y,  Voted  that  the  town  Chuse  two  Committee  men  agrcabh'  to  the 
above  Desii'e. 

31y,  that  Major  Mathews  [and]  Ensign  Bust  he  appoynted  as  County 
Committee  for  the  town,  to  stand  till  the  Second  Tuesday  of  ]\Iareh  Xext. 

Joel  Mathews,  Moderator. 

These  certificates  close  the  ap])arently  complete  jouiiial  of  the  Cum- 
berland County  Committee  from  Jnne  177(5  to  September  1777,  as  prc- 
sei'ved  in  the  Pingry  Papers.  The  Novemlier  meeting  either  was  not 
held,  or  its  record  has  been  lost,  so  that  practicall}'  the;  mec^ting  of  Sep- 
tember 1777  may  be  called  the  last  meeting  of  the  County  Commiltei-.' 


'  Fn  June,  1777,  to  an  inquiry  as  to  the  temper  of  the  peo])le  in  easttini 
Vermont,  the  reply  from  Cumberland  county  was,  that  "  the  New  Ilamp- 


•570  Appendix  A,  No.  1. 

Sevcial  olhei'  meetings,  conipo.setl  of  Town  Comniittees,  were  afterward 
held,  l)nt  liiese  can  liardly  be  si  vied  County  Committees  or  Conventions, 
inasmucli  as  only  a  pari,  and  usnally  less  than  half,  of  the  towns  in  the 
connty  were  represenlcd.  In  laet  they  were  genei'ally  meetings  of  the 
adherents  to  New  York  only,  and  for  the  pnrpose  of  resisting  the  gov- 
ernment of  Vermonl.  So  far  as  neeessary  to  explain  the  action  of  that 
government,  the  acts  of  Ihesc  m(>etings  will  be  noted  in  the  proper  time 
and  place.  For  the  most  complete  account,  short  of  the  manuscript  and 
l)rinted  state  papers  of  New  York,  the  reader  is  referred  to  B.  H. 
Hall's  Eastern  Vermont. 

shire  Grants  had  declared  themselves  independent,  arj(^  wowZcZnoi  let  the 
county  committees  sit^  nor  ])ermit  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  Cajil.  James  Clay 
was,  that  he  called  a  meeting  of  the  Cumbeiiand  County  Committees 
under  New  Y^ork. — See  close  of  Appendix  D,  post. 


APPENDIX  A,  No.  % 


GLOUCE8TE1I  COUNTY  COMMITTEE  OE  SAEETY. 

Ample  evidcnco  is  fouiid  in  tlio  American  Archives  of  the  pat liolic 
spirit  of  the  peojjle  of  (rloiu-esler  County  in  1775  and  tlie  sul)sequ('nt 
years  of  the  I'evolulionary  wai-,  and  also  of  the  formation  and  erticient 
work  of  its  Committee  of  Safety  ;  liut  nofi-i'inal  record  of  its  i)roeeedin.i;s 
has  as  yet  been  discovered.  On  two  occasions,  thei-e  wcie  joint  meetings 
of  representatives  of  Cumberland  and  Gloucester  Counties,  and  the  min- 
utes of  proceedings  have  been  ali-eady  given  in  Appendix  A,  No.  1.  On 
otluu"  occasions  there  were  also  joint  meetings  in  wliicli  Gloucester 
Count}'  was  represented,  and  these  will  be  given  in  the  jiroper  place. 
The  following  documents  cover  the  pei-iod  from  June  177.")  until  June 
1777,  the  last  date  fixing  the  time  when  the  peopK'  of  the  county  di'ter- 
mined  to  join  their  fortunes  with  Vermont. 


Jacob  Bayley  to  New-York  Cokgress. 

\¥vm\\  Aiiieriian  Arclnves,Yo\\Tt\\S:vr\i-s,  vol.  n,  col.  ll.'U.] 

Newbury,  June  29,  1775. 
Gentlemen: — Lately  we  reci'ived  a  desire  from  you  to  send  a  member 
or  two  to  the  Provincial  (Jongress  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  Ca»ada,  thought  best  that  I  do  not  yet  attend  until  we 
were  prepared  to  meet  with  an  enemy  at  home.  1  am  taking  what  pains 
1  can  to  be  prejjared  with  arms  and  amunition,  but  as  yet  1o  but  little 
purpose  ;  am  still  apju-ehensive  of  danger  from  Canada,  and  cannot  l)e 
absent.  1  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  lh6y  are  both  threatened 
and  flattered  ;  suys  that  the  French  and  Indians  will  join  us.  and  make 
no  doubt  but  Qiiebeek  will  be  taken,  (which  is  their  desire,)  but  if  il  is 
neglected  much  longer  it  ma}'  be  fatal  to  them  and  us.  I  have  employed 
him  to  bring  intelligence  from  Canada,  and  must  meet  iiim  myself,  and 
sliall  transmit  to  you.  1  should  think  that  if  orders  wen;  sent  to  me,  I 
could  raise  two  oi'  three  hundred  men  from  the  neighbouring  Govern- 
ments, which  must  be  necessaiy  either  for  our  defence  or  to  pro- 
ceed to  Canada.^ 


*Gen.   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  thoiii^lit  bcsl  to  raise  men,  arms  (al  least  two  liiiii(lred)  and 
l)()W(ler  and  Hints  must  be  sent.  Mr  Ilarry  [Alexander  Harvey,  (loubt- 
less,]  will  infoi'ni  more,  and  take  care  of  wliatevei'  is  sent.  Mean  time  1 
am  endeavoiu-ing  to  supply  ourselves  IVom  seai)orts  eastward. 

We  aeknowledixe  witb  gratitude  the  notice  taken  of  us  by  you  ;■  shall 
attend  [the  N.  Y.  Congress]  as  soon  as  we  are  in  a  jiostuie  of  defence. 

Wish  pi-ospi'rity  to  the  cause  of  liberty  and  trutl).  Am  Gentlemen, 
your  most  bumble  servant,  Jacoi}  Bayley. 

To  Ike  Provincial  Congress  for  Kew-York  Colony. 


John  Taplin  to  New-Yohk  Provincial  Congress. 

[From  American  A' cliives.  Fourth   Scries,  vol.  II,  col.  I'ifiS.] 

Newbuky,  New-York  Province.  July  15,  1775. 
.Sir;— Your  letter  of  the  31st  of  May  1  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 
ciieerfully  join  in  whatever  measures  and  directions  the  honourable  Con- 
gi-ess  may  point  out  from  time  to  time. 

I  am,  Sir,  your  most  obedient  and  humble  servant, 

JOPIN   Taplin.' 
To  Peter   V.  B.  Liviiujston,  Esq.,  President  of  the  Provincial  Conyress., 
at  the  City  of  New- York. 

JAC015  Bayley  to  New  Y''ork  Congress. 

[From    American   Archives,    Fourth    Scrk-s,   vol.   Ill,   col     1124.] 

Neavp.ury,  October  20,  1775. 
Sir: — The  packet  1  received  Irom  you,  some  time  the  last  of  August, 
broken,  many  of  the  papers  wanting.  I  su])plied  the  Association,  who 
[wiiicb]  all  have  signed  but  a  very  few.  Shall  send  it  soon,  [that  is,  the 
list  of  signers,  and  of  the  ])ersons  who  refused  to  sign.]  We  are  now 
regulating  the  Militia  after  the  form  that  tlie  Continental  Congress  ad- 
vise, (not  having  received  anything  from  our  [New  York]  Congress,) 
onlv  shall  choose  l)y  the  Captain  and  subs  together  with  the  Commit- 
tees, the  tleld-ofticers,  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  177(5.  For  the  unique  address  to  tlie  In- 
dians, see  American  Archives,  Fourtli  Series,  vol.  ii,  col.  1070. 

'  John  Taplin  was  one  of  the  first  settlers  of  Newbury.  Tie  was  aji- 
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. 

^  The  meaning  appears  to  be,  that  the  commissioned  company  oificers, 
acting  jointly  with  the  town  or  district  Committees  of  Safety,  (who  con- 
stituted the  County  Committee,)  were  to  nominate  field-ofiicers  to  be 
commissioned  l)y  New  Y''ork. 


Appendix  A,  No.  2.  o78 

toforo  wo  chose  new  Captains  and  subs,  bolli  for  llie  staiidinsi;  [niilili:i] 
nnd  minute  men,'  wlio  were  at  the  (H)niinand  of  the  ri-(\siden1  ol'  our 
litUt'  [County]  Congress,  assisted  l)y  the  Cliairninii  of  eaeli  District 
Conmiittee:  nnd  lonj:;  l)efore  we  lieard  of  a  Conu;i-ess  at  New  i'ovA:,  wc 
all  to  a  man  signed  an  Association,  agreeable  to  tlu^  Continental  one, 
whicii  1  forget  whether  I  mentioned  to  you  before.  I  determine  to  see 
you  tiiis  winter,  if  health  jtei'mit. 

It  is  sixteen  days  since  vve  have  heard  any  tlnng  from  Caudihu  and 
what  I  had  then  you  have  before  now.  I  hoi)e  all  is  well.  I  shall  make 
a  return  by  Docter  Wether spoo7i,  whom  we  expect  eveiy  day.  All  are 
well,  and  with  us  peace  and  jtlenty.  This  from  your  most  ol>edient  hum- 
l>]e  seivant,  '  '  Jacoii  Baylkv. 

To  John  McKesson,  Esq.,  Secretary  to  the  (Jomjress  at  New  York. 


Joel  Mattiieavs  to  New  York  Congkess. 

[From   Aiiieriran    Afcliives,    Fourtli    ScrU's,   vol.    vr,   col.   547.] 

WiNDsoi:,  May  22,  1770. 

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  Brigndier-General 
and  a  Jirigade  Major.  In  consequence  of  which,  the  Committee  so  cho- 
sen jireviously  notilied  the  Committee  of  Charlotte  County,  by  a  letter, 
directed  to  the  Chairman  thereof,  of  the  time  and  i)lace  of  meeting,  l)ut 
had  no  return.         Your  Honour's  obedient  and  humble  servant, 

Joel  Matthews. 

To  the  Honourable  Provmcial  Congress. 


At  a  meeting  of  the  Committees  of  the  Counties  of  Cumberland  and 
Gloucester,  appointed  to  nominate  a  Brigadier-General  and  a  Brigades 
Major,  at  Windsor,  on  Wednesday,  the  22d  day  of  May.  177('>:  inade 
choice  of  Colonel  Joseph  Marsh  as  Chairman,  and  Majoi-  .Joel  Matthews 
Clerk;  then  proceeded  and  made  choice  of  Colonel  Jacob  liayley  as  Brig- 
adier-General, and  Simon  Stevens,  Esq.,  as  Brigade  Major,  of  said  Coun- 
ties. 

Yoted,  That  the  return  of  the  above  nominations  be  sent  by  Colonel 
Marsh  to  the  honoui'able  Provincial  Congress,  who  is  autiioi-ized  to  rep- 
resent this  Committee  at  Congress. 

A  true  copy  fiom  the  Miiuites.     By  order, 

Joseph  Mahsh,  Chairman. 
Joi:l  Matthews,  Clerk. 
To  the  Honourable  Provincial  Congress. 


Jacob  Bayley  to  the  President  of  the  Neav  Yoihc  Convention 

[Fi'oni  llic  Dijcumentary  llisl(»y  of  New   Vork,  vol.  4,  pp.  SOU-')!!!.] 

Newisekhy,  Feb'-  lU'i'-  1777. 

Dear  Brethren, — With  the  utmost  Concern  for  the  Pnblick  Avelfare  of 

the  United  States,  and  this  in  particular,  I  take  my  Pen  to  write  when 

T  consider  the  Absolute  nessecty  of  an  Intiere  Union  of  all  the  Friends 

to  truth — the  American  cause  1  mean — and  when  I  see  all  the  Friends 

'  Meaning  tliat  new  company  officers  were  appointed,  doubtless  to  ex- 
clude inefficient  or  unpatriotic  men. 


374  Appendix  A,  No.  2. 

of  hell  Ct)ml)iuc(l  and  usiiiij;  all  their  Deiabolicall  Arts  lo  Disunito  us, 
and  now  tlie  Deivil  as  usuall  at  the  last  eflbrts  of  Changing  themselves 
into  angles  [angels]  of  liglit,  now  pleading  you  [we]  were  abused  by  the 
State  of  N.  Y.  they  having  taken  away  your  [our]  property,  Imposed 
ujion  you  [us]  in  every  shape,  you  [we]  have  nothing  better  to  expect 
than  as  heretolbre,  now  is  the  time  lo  separate^,  &(•..  And  so  lar  has  this 
timptation  prevailed  that  a  number  (not  from  this  County)  has  declared 
Independacy  of  the  State  of  l!^.  Y'''-  and  tlie  Committee  of  Dorset  has 
Directed  a  Convention  of  all  the  Kew  li^-  Grants  to  meet  at  Dorset  to 
fill  u])  by  Draft  or  Raising  a  bounty.  Coll"-  Warners  Reg*-  However  In- 
concislant  to  there  own  jjlann,  I  Sui)ose  tlie  Chieli' of  Cumberland  will 
Join.  Xone  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  Scat  of 
Ctov'"1-  as  we  really  see  th(!  want  of  it.  [  have  heard  I  was  chosen  to 
waite  on  tlie  Congress  in  behalf  of  I  am  also  desiered  by  the  Com- 

mittcKfS  [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  Ministeriall  proetection.'*  The 
heads  of  the  Green  [Mountain]  men  were  with  me  in  Nov»"-  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  16*''  Jan>'-*  which  I  thot  would  bring  them  to  you  with  hopes  some 
measui'es  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  thej^  are  continued  they  may  be  serviseable   in   fu- 

*  Blank  in  the  copy.  Gen.  Bayley  was  appointed  delegate  for  Glouces- 
ter County  in  the  New  York  "Conscress"  in  1775,  but  never  took  his 
seat. 

^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. 

*  Meaning,  doubtless,  by  the  Convention  which  met  at  Westminster  on 
the  1.5th  of  January,  1777,  and  sat  on  the  IGth  and  17th. 

^This  seems  to  imply  that  Gen.  Olcott  had  been  appointed  a  delegate, 
but  the  editor  is  aware  of  no  other  evidence  to  thateftect.  His  residence 
w^as  in  Norwich,  f'umberland  county. 


Appendix  A,  No." 2.  •>"') 

ture,)  if  the  whole  mcmcv  is  seiil,  ;nul  ;ill  llial  will  luuslcr  lo  he 
Paid,  and  care  taken  thai  no  more  Billeting  is  paid  than  has  been  in 
Servisc. 

Tho  the  Frontiers  this  way  has  seemed  to  leave  you,  yon  will  ever 
care  for  the  whole.  I  think  that  ever  an  army  of  observation  is  wanted 
here;  it  is  now,  both  on  aee^-  of  Internal  as  well  as  External  Enemys. 
Yon  will  advise  as  you  think  best,  and  rely  you  [or  you  may  r(dy  I]  will 
do  every  thing  for  th(^  good  of  the  whole  without  h;n'im!;  any  n-gard  to 
Private  views.     I  am  Gent'*'  Your  most  oliedient  Ilumblt!  servant, 

JACon  Bayij.v. 

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  otherdevices,  an  attempt  has  been  made  to  give 
the  meaning  intended  by  the  writei-.  The  last  hitler  of  Gen.  IJayley  fo  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  (he  4th  of  that  month  six  towns  of  the  county,  being 
the  most  important,  were  rei)resented  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,  wliy  the  District  of  tlie  New  Hampshire  Grants  had  best  be  a 
State.  By  Ira  Allen.  Hartford,  [Conn.,]  printed  by  Eisenezer 
Watson,  near  tiie  Great  Bridge,    m.  dcclxxvii.' 


Prefatory  Note. 

[From   Vl.  Historical  Society  Collections,  vol.  I.] 

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  loth  of  January 
]ireceding  declared  (he  territory  separated  from  the  government  of  New 
York,  and  to  be  an  independent  state, — had  appointed  agents  to  attend 
upon  tiie  Continental  Congress,  and  inform  that  body  of  their  declaration, 
and  to  ask  to  he  admitted  to  seats  therein  as  delegates  from  the  new 
state.-  This  ])amphlet  was  probably  the  first  considerable  publication 
which  was  made  in  behalf  of  the  people  of  the  territory  after  the  com- 
mencement of  the  Revolution. 

Ben.iamin  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,  177G,  by  a  committee  con- 
sisting of  William  Duer,  James  Duane,  Zephaniah  Piatt,  John  Sessions 
Simon  Stevens  and  John  Jay.  copious  extracts  from  which  may  be  found 
in  B.  II.  Hair s  History  of  Eastern  Vermont,  at  pages  271,  275."  The 
first  sentence  of  the  ]iamphlet  has  a  quotation  from  this  report. 

In  Thomjjson'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- 
])le  tf)  form  a  state,  and  in  answer  to  a  pamphlet  pul:)lished  by  the  Con- 
vention of  N.  Y.,  dated  Oct.  2d,  1776,  and  sent  to  the  county  of  Cumber- 
land £6  0  0.  To  3  days  going  to  Hartford  to  get  s'd  pamphlet  printed, 
£1  10  0." 


*  Prepared  and  printed  by  order  of  the  Convention  at  Westminster, 
October  1776. — See  ante,  p.  37. 
-  Slacle''s  Slate  Papers,  p.  68-73. 


Appendix  B.  "Ml 

Preface. 

The  following  impartial  work  was  undertaken  b}',  and  at  tlie  recjucst 
of  the  General  Conventiim  of  the  district  of  the  New  Ilampshiie  (Grants, 
and  many  matters  of  fact  arc  herein  inserted  as  a  shiirt  State  of  the  dis- 
ingenuous cunning  of  the  former  government  (now  Slate)  of  New  York, 
towards  the  inhabitants  of  said  district;  which  are  humbl}'  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  Sth,  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  Alban}',  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  j)atents 
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,  w^as  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 
Ma,jesty'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  jui'isdiction  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  impertineni.  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  determijiation  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  un(juestional>]e 
that  the  jurisdiction  of  this  State,  over  the  territories  which  now  com- 
prehend the  County  of  Cumberland,  is  coeval  with  its  first  Ibrmation  as 
a  colony,  under  the  Crown  of  Great  Britain,"  is  the  bight  of  folly.  It 
was,  in  the  nature  of  things,  absolutely  impossible,  his  Majesty  liimself 
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  8th,  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;  sust-aine<] 
by  the  rest  of  the  community.'' 

This  is,  indeed,  a  very  extraordinar}'  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  ISTew  York,  and  there  has 
been  much  talk  of  separating  from  said  State;  and  should  the  Covmty  of 
Cumberland  absent  from  said  State  and  connect  with  the  State  of  Mas- 
sachusetts-Bay, or  should  they  connect  witli  the  rest  of  the  New  Hamji- 
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  ai'my,  or  to  scout  in  their  own  fron- 
tiers, if  need  be,  than  the  rest,  that  tliey  ought,  in  justice,  to  bear  any 
more  of  the  burthen  than  any  other  States,  (but,  in  consequence  of  their 
being  harrassed  by  the  enem}^  the}'  ought  not  to  pay  so  mucli).  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  sliare  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 
pf  the  great  cause,  in  which  the  whole  continent  is  engaged,  cannot  but 
be  weakened  by  dissension,  and  by  countenancing  the  factious  and  self- 
inlerested."  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,  tliat  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 
l\appy  effect  to  unite  us  in  indissoluble  bonds  of  union  and  friendship, 
by  forming  the  whole  district  of  the  New  Hamjishire  Grants  into  a  new 
and  permanent  State,  in  which  all  the  free  and  nattira!  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  everv  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,  (wliich,  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.  879 

we  are  persuaded  that  ever}'^  one  who  is  a  true  friend  to  tlie  liberties  of 
mankind,  and  has  any  sense  of  liis  own  or  posterity's  good,  will  think 
the  case  well  deserves  a  serious  consideration,  and  ouijlit  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  tliemsclves  by  their 
own  laws.  Doubtless  you  remember  in  ancient  times  ever}-  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  b3%  every  man  appeared  personally  under 
their  own  tig-trees  in  council,  and  harmoniously  agreed  on  rules  to  be 
governed  by.  TheA^  also  worshipped  tlie  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  woi-ld  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  ])lace,  or  number  of  men,  but  for  the 
mutual  advantage  of  the  whole. 

It  was  not  the  free  voice  of  the  people  of  the  ISTew  Hampshire  Grants, 
ever  to  be  in  the  government  of  iSTew  York,  but  was  an  express  (n-der 
from  the  Crown  in  the  year  17()4,  and  was  unknown  to  most  of  said  in- 
habitants of  said  Grants,  until  his  Majesty's  proclamation  appeared  cer- 
tif}'i  ng  the  same. 

By  the  declaration  of  independence,  all  laws  and  connection  with  the  Brit- 
ish Court  were  dissolved,  which  left  all  kingh'  government  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  govern- 
ments was  meant  for  the  mutual  benefit,  peace  and  ha])piness  of  the 
present  and  future  ages,  1  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  n;iture; 
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  intluence  of 
some  designing  gentlemen  in  Xew  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  ver}'" 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  ma}-  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  arl)itrary  a(;ts  of  the  Crown 
are  null  and  void  in  America,  conse(juently  the  jurisdiction  by  said 
Crown  granted  to  the  government  of  New  York  over  tlu;  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  hapjiiness  of  the  present 
and  future  ages  ;  tlierefore,  since  the  dissokition  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 pui'ity.  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  ]U-obability  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  material]}^  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  liojDes  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  unhajipy.  Witness  a  resolve, 
viz  : 

"In  convention  of  the  representatives  of  the  State  of  New  York,  at 
Harlem,  August  2,  177G,  Resolved^  luianimously,  that  all  quit-rents  for- 
merly due  and  payable  to  the  King  of  (xreat  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, 

Egbert  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  i)rovince  of  New  York,  Livingston's  Manor,  a  tract  of  land  about 
twenty  miles  squa7-e,  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  smaH  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 

reasouabk'  and  <)])|)rossivo  rc^solves  ;  a  very  extraordinary  way  indeed  to 
collect  a  sum  of  money  to  defray  jniblic  expense,  after  the  former  govern- 
ment of  New  York  had.  liy  cuunini;  and  fraud,  threats  and  deceit,  terri- 
fied and  seduced  the  iidiabitants  of  some  townshi])s,  to  lake  re-grants  of 
them,  at  the  extortionate  jirice  of  even  twent>-three  hundred  dollars  for 
a  townsliip,  and  on  said  subsequent  patent  was  added  a  three-fold  que- 
rent. 

This  act  of  the  former  government  carries  the  color  of  tj'rrany  in  its 
very  visage,  and  is  jilain  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  "i)ower  in  America,  as 
there  was  in  giving  the  subsequent  patent,  for  it  is  still  holding  uj)  in  ex- 
istence one  of  those  cruel  acts  which  induced  us  to  take  up  arms  and 
join  our  brethren,  in  the  several  United  Stales,  to  defend  the  whole.  B^- 
this  the  candid  reader  will  easily  see  the  almost  infinite  disproportion  of 
collecting  money  for  public  expense. 

To  understand  ])olilical  power  aright,  and  derive  it  from  its  original, 
we  must  consider  what  stale  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  the}-  shall  think  fit,  within  the  bounds  of  the  law  of  nature, 
without  asking  leave  or  depending  upon  the  will  of  anj^  other  man. 
(Locke.)  A  slate,  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 
born  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  absolutel}'  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  de])end  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  supjiose  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 an}^  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  Ihcm  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  generall}^  conceded  to  hy  the 
said  County  Convcniion  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  clioosing  is  a  sure  and  quick  nietliod  of  gettinij  a 
choice  at.  the  first  attempt,  and,  where  a  community  are  agreed  in  tlie 
mode,  is  justifia])le;  ))ut  tliis  mode  would  ])e  very  wrongly  applied  to 
these  counties,  considering  the  aged  conflict  which  has  suhsisted  so  long 
and  with  such  impetuosity  as  to  spill  the  hlood  of  several  of  its  inhah- 
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  fii'st  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,  wiio,  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  thei-e  are  upwards  of  two  thousand  voters,  out  of 
which  there  wei'e  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,  3(18;  For  Capt.  John  Sessions,  172,  and  for  Simon  Ste- 
vens, Esq.,  1G6.  Six  or  seven  towns  in  said  County  did  at  the  same  time 
enter  their  ]n-otest  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  op))oi't unity 
would  admit  thereof;  yet  Messrs.  Sessions  and  Stevens,  two  f)f  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  Conmiittee 
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  tlie  County  gave  them  full  and  un- 
restrained power  in  forming  a  government;  that  they  conceive  them- 
selves no  larther  bound  by  their  instructions  than  they  shall  appear  to 
he  right  and  beneficial,  but  that  whenever,  on  debate,  it  should  appear 
that  those  insti-uctions  might  work  an  injury  to  tlie  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  insliuctions,  for  they  both  were 
derived  from  one  committee,  and  were  both  joined  on  one  ])aper  and  all 
done  in  one  day;  and  if  their  credentials  gave  them  a  seat  in  that  Hon- 
orable House,  they  nmst,  consequently,  follow  their  insti'uctions  oi- cease 
to  be  the  Rei)resentatives  of  the  People,  by  tlie  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.  388 

TherofoiH',  the  iiiluibitimls  ol'  said  district  havr  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  tlun  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  IIam])shire 
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  lliver 
was  a  good  and  certain  boundary  line  to  divide  the  two  respective  ))rov- 
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  tiade  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  vv<Hild  ;  and  that  it  would,  therefore,  be 
much  more  convenient  and  happy  tor  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  auy  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  ])art  of  the  district  of  lands  aforesaid, 
their  ren)ote  situation  from  Hudson's  R.iver,  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 
inliabitants  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  selt- 
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  mo|iopolizing  attornies  and  favorite 
gyntlemen  of  New  York.  At  this  the  ii(7aceable  inhabitants  were  greatly 
alarmed.  They  sent  repeatedly  to  New  Yoi'k  for  settlement  of  such 
unheard  of  dispute,  but  none  could  be  had,  excejit  they  would  resign  up 
their  New  Hampshire  charters  and  deeds,  and  take  new  ones  under  the 
great  seal  of  the  Province  of  Nevv  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  24tli  day  of  July,  17G7, 

present: 

The  King's  Most  Excellent  Majesty, 

Earl  of  Sbelburne, 
Viscount  of  Falmouth, 
Viscount  Harrington, 
Viscount  Clark, 
Bishop  of  London. 
Mr.  Secretary  Conway, 
Hans  Stanley,  Esq. 


Arclibishoi)  of  Canterbury, 

Lord  Chancellor. 

Duke  of  Queensborough, 

Duke  of  Ancaster, 

Lord  Chamberlain, 

Earl  of  Litchtield, 

Earl  of  Bristol, 


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' i  in  the  said  rei)ort,  until  his  Majesty's  fur- 
ther pleasure  shall  be  known  concerning  the  same. 

WILLIAM  SHARPE. 
A  true  copy.  Attest,  G.  W  Bakyak,  Secy:' 

Notwithstanding  the  above  prohil)ition,  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 
riglits  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  disjjute,  however  much  they  may  ditier  in 
their  degree. 

For  thus  defending  our  possessions,  which  the  legislative  and  execu- 
tive powers  of  New  York  attemjjted  to  take  from  us,  by  virtue  of  subse- 
quent patents,  that  wei-e  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  empowere^d 
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 

llajestifs  Most  honorable  Privy    Council  for  plantation 

affairs,  dated  December  '6,  1772. 

"  Upon  the  liillest  examination  into  all  the  circumstances  which  at 
present  constitute  the  state  of  that  district,  between  the  River  Hudson 
and  Connecticut,  out  of  which  the  greptest  discords  and  confusion  have 
arisen,  it  seemeth  to  us  that  the  principal  ol)jects  of  attention  in  the  con- 
sideration of  any  means  that  can  be  suggested  for  restoring  public  tran- 
(luility  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  y  Those  grants  of  land  made  witliin  tliis  distiirl,  by  llio  Gov- 
ernor of  New  York  previous  to  tlie  eslahlislinient  of  llie  lownsliips  laid 
out  l)y  the  Governor  of  Xew  IIain]ishire,  alter  the  eonelusion  of  tiie  peaee, 
and  whieh  land  now  lies  within  tiie  limits  ol'  some  one  or  the  olhei-  of 
those  townships. 

"  Thirdly,  Those  townships  which,  having  been  originally  laid  out  bv 
the  Governor  of  Xew  flampshire.  either  continue  in  tlie  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  tirsi  of  the  above 
mentioned  descriptions,  when  we  consider  the  nature  and  origin,  and  the 
numberless  ditficulties  to  which  the  original  projirjelors  of  them  nuist 
have  been  subjected  in  the  settlement  of  lands  ;  exposed  to  the  incur- 
sions of  the  savages  and  to  every  distress  whii-h  the  neighboi-liood  of  the 
French  in  time  of  war  could  l)ring  upon  them,  and  when  we  add  to  thi'se 
considerations  the  great  reason  there  is  to  believe  that  the  grants  were 
made  on  the  ground  of  military  service  against  the  enemv,  vve  do  not 
hesitate  lo  submit  to  your  Lordships  our  opinion  that  the  |)i-esent  pro- 
])rietors  of  those  townships  ought,  both  in  justice  and  ecpiitv,  to  be  quiet- 
ed in  their  possessions,  and  that  all  grants  whatsoever,  made  by  the  gov- 
ernment of  New  York  of  any  lands  within  tlie  limits  ot  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  b)^  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  ]iropose  that  all  such  ])ersons 
who  may  claim  possession  of  lands  within  the  limits  of  such  townships, 
under  New  York  grants,  sln)uld,  upon  conditions  of  their  (piitting  such 
claim,  receive  a  grant  under  the  Seal  of  New  York,  upon  the  like  terms, 
and  free  of  all  expenses,  of  an  equal  numl)er  of  acres  in  some  other  part 
of  the  district  lying  between  the  rivers  Hudson  and  ('onnecticut,  and  in 
case  where  any  actual  settlement  or  improvement  has  been  made  by 
such  claimants,  that  they  should  in  such  case  receive  tiity  acres  of  waste 
land  for  eveiy  three  acres  they  may  have  so  improved. 

"  With  regard  to  those  grants  made  by  the  government  of  New  York, 
which  fell  under  the  second  descri])tion,  ami  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  apiiear  that  no  regular 
possession  had  ever  been  taken,  and  no  actual  settlement  ever  been 
made. 

"  With  regard  to  the  townships  which  fall  within  the  last  mentioned  des- 
cription, we  submit  to  }'our  Lordships  our  o])inions,  that  provided  such 
townships  do  not  include  lands  within  the  limits  of  some  antecedent  urrant, 
upon  which  actual  improvement  has  at  any  time  l)een  made,  it  would  be 
advisable  they  should  be  contii'med  as  townships  according  '.o  the  limits 
expressed  in  the  grants  thereof,  and  that  all  persons  having  possession  of 
any  share  in  said  townships,  either  as  original  grantees  or  l)y  purchase 
or  conveyance,  and  upon  which  shares  any  actual  improvemelit  or  settle- 
ment has  been  made,  ought  not  in  justice  to  have  been,  oi-  to  be  in  future, 
disturbed  in  the  possession  of  such  shares  ;  nor  ought  fliey  to  be  bound 
to  any  other  conditions,  whethei-  of  quit-rent  or  otherwise,  than  what  is 
contained  in  the  grant.'' 


386  Appendix  B. 

1  shall  lu'ie  make  some  miscellaiu'ous  rcinai'ks  on  the  conduct  of  the 
former  irovcriiineni  of  Xi'W  York,  to  the  iiiliahilaiils  on  the  east  side  of 
the  mountain  in  said  district. 

Soon  afii'r  they  li:id  ohtaiiu-d  jurisdiction,  the  Ie_i(islative  body  made  a 
law  to  i-rect  that  teiiilory.  which  now  comprehends  the  County  of.Cum- 
beiland.  into  a  County,  and  sent  the  sanu'  to  the  (^ourt  of  Great  Britain 
to  lie  there  laliticd  and  conlirmed.  In  tiie  meantime  they  ai-roijated 
|)(»wei'  to  cnmmissionate  favorite  foi'eigneis  to  the  place  of  court  officei's; 
lliey  also  commissionated  a  irreat  nundjei'  of  both  civil  and  mdilary  otti- 
cers,  such  as  would  be  most  likely  to  be  subservient  to  brinu'  idxuit  their 
vile  and  mercenary  |)urposes.  But  alas  !  to  their  great  surprise  this  law 
was  sent  t)ack  negatived;  yel  in  open  violation  to  the  laws  of  the  Crown, 
the  legislative  and  executive  poweis  assumed  to  themselves  authority  to 
hold  courts.  Tiieir  conduct  was  so  notorious  that  it  was  the  cause  of 
tliat  odious  and  never  to  bi;  forgottiMi  massacre  at  the  Court-House  in 
said  Cumberland  County  on  the  eve-iing  of  the  IHth  of  March,  1775,  in 
whicli  several  persons  were  greatly  injured,  and  one  actually  murdei'ed. 
Oh  I   horrid  scene. 

Some  of  those  officers  thus  appointed  were  very  officious  in  advisinir 
the  iniiabitanls  to  lake  re-grants  of  tlieir  lauds.  They  were  also  terrilied 
by  threats  liom  said  iirwvince,  that  if  the  people  did  not  com))ly  with 
their  terms,  they  should  lose  all  their  possessions,  by  which  means  they 
seduced  the  inhabitants  of  some  towns  so  as  to  take  su!)sequent  patents. 

The  Govei-noi'  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  appropi-ialed  V)y  a  purchase  from  the  Indians;  sec- 
ondly, by  a  grant  from  the  Massachusetts  liay;  thirdly,  by  the  govern- 
ment of  New  nam])shire,  and  fourthly,  by  an  uninterrupted  jjossession 
and  occupancy,  about  seventy  years. 

The  Assembly  of  New  York,  in  their  Stat(!  of  the  rights  of  the  colony 
of  New  Yoik,  I'tc,  in  older  to  rid  their  government  <>f  the  blame  justly 
due,  say,  that  said  mandamus  pi'oceeded  from  the  Crown,  and  was  an  act 
decisive  in  itself.  A  veiy  extraordinary  repi'esentation.  The  right  of 
election  is  restricted  entirely  to  Crown  lands,  whereon  no  CIuMstian  sub- 
ject to  the  Crown  is  settled  by  possession  or  otherwise. 

(Jonimon  sense  may  teach  that,  a  mandamus  or  any  other  Crown  grant, 
cannot  sul)ject  the  property  which  the  subject  holds  under  the  crown  by 
virtue  of  \)vh)V  gi-anls  ;  that  would  overturn  all  grants  and  make  the 
king  absolute. 

Thus,  it  plainly  ai)pears.  that  self-interest  was  the  moving  cause  of  the 
government  aforesaid  making  such  a  representation  to  the  Court  of 
Great  JJritain.  Had  it  not  lieen  for  the  sake  of  prolit  to  themselves,  it 
is  not  likely  they  would  have  ever  troubleil  his  Majesty  on  this  subject; 
and  if  they  had  done  it  in  tlu;  simplicity  of  their  hearts  to  acconnnodate 
the  inhabitants  in  general,  as  to  trade,  &c..  they  would  have  solicited  his 
Majesty  to  annex  said  district  to  the  ])rovince  of  Queljec;  as  said  grants 
are  bounded  about  100  miles  on  the  Eastern  .shores  of  Lake  Champlain: 
and  from  the  North  Mnd  <jf  .said  lake  to  Chamblee  is  twelve  miles,  land 
carriage,  and  to  Montieal,  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  Y''ork,  Connecticut  River, 
Lake  Champlain,  t&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  ever}'  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  t lie  Massachusetts-Bay,  aiifl  Coniu'cticut :  tliey  have  made  their 
main  trade  to  the  city  of  New  Yoik  evii-  since  liie  oii^in  of  llicii-  .-rlllc- 
raents. 

I  have  lieard  some  jjeople  I'aise  this  ohjectioii.  Id  wit  :  th:it  it  was  in- 
convenient for  the  district  of  the  New  Hampshire  (Jrants  lo  he  a  Slate. 
for  the  sole  i-eason  of  their  not  having  a  seaport  in  said  district.  I  freelv 
grant  we  have  none,  and  if  we  were  annexed  to  any  other  State,  that 
would  not  hririg  a  seaport  any  nearer  to  us;  those  things  are  immovahle; 
yet  I  think  we  are  as  well  off  as  any  inland  Stale  ever  was,  in  conse- 
quence of  our  bordering  so  far  on  Lake  Champlain,  &c.,  by  which  means 
the  iState  may  be  supplied  with  all  kinds  of  goods  at  a  reasonable  rate, 
and  make  a  good  market  for  all  such  species,  as  arc  lo  be  spared,  in  ex- 
change. In  some  parts  of  the  world  there  are  iidand  kingdoms,  and 
why  not  inland  states?  We  have  our  advanlaui-s  and  disadvanlagcs  in 
this  as  in  all  other  things. 

At  this  time  niany  of  the  most  valuable  ports  in  America  are  block- 
aded up  by  our  cruel  enemies— the  River  St.  I.,awrence  for  one.  All  the 
Province  of  Quebec  is  in  their  possession;  yet,  as  I  was  with  our  army 
at  Quebec,  I  am  conscious  lo  myself  that  there  are  many  friends  of 
America  now  in  that  Province..  VVe  have  the  greatest  reason  to  believe 
that,  in  the  sequel  of  lliis  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  Ihe  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  llie  greatest  calamities, 
and  most  dreary  scenes.  Witness  JJoston,  Charlestown,  New  Jersey, 
&c.  In  such  days,  the  invaders  of  America  must  tirst  begin  on  soniie 
sea-coast,  or  on  some  frontier  States.  Then  we  nuist  setid  forth  the 
hardy  soldiers  to  assist  our  friends  and  bi-elhren,  wherever  occasion  shall 
require;  then  will  women  and  children,  house  and  jiroperty  be  safe  with 
us,  while,  in  the  neighl)oring  State,  women  are  ravislnd  and  mui-dered, 
children  killed,  houses  and  ])roperty  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  Supi-cme  Oourt 
in  Albany,  at  July  term,  in  the  year  1770,  expressly  declared  the  New 
Hanqishire  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,  l)y  reason  of  which  several  of  the  New  Hanq)- 
shii-e  settlers  were  dispossessed  of  valuable  iarms  and  tenements;  there- 
fore, the  inhabitants  of  said  Grants  cannot  be  freeholders  in  said  Stale, 
to  act  in  any  ])ublic  business,  till  they  takt^  re-grants  of  their  lands, 
which  we  cannot  do  by  any  other  means  than  by  purchasing  subse(pu'nt 
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  sonn;  gentltnnen 
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,  wlun 
they  l)egan  government,  as  we  are.  Surely,  I  think  not  one;  but  many 
weaker,  as  to  men  of  learning  and  sagacity  to  i-ule  a  State.  I  see  no 
great  dilliculty  in  it,  though  it  is  not  common  that  men  of  so  great  leai'U- 
ing,  as  some  in  the  world,  would  go  to  subdue  the  desolate  wilderness; 
yet  I  think  we  have  men  of  as  nuich  virtue,  and  as  goorl  talents  i)y  na- 
ture, as  any  in  the  world.  Tent-makers,  cobbleis  and  connnon  ti'ades- 
men  composed  the  legislature  of  Athens.     '•'  Is  not  the  body  (said  Soc- 


888  Appendix  B. 

rates)  of  the  Athenian  Pe()i)le  composed  of  men  like  these  ?"  For  any 
man  to  arro<f;ite.  and  say  that  we  liave  not  men  that  can  orovorn  the  in- 
ternal ])olicy  of  a  State,  mi<iht,  with  ihe  same  paritv  of  reason,  say  that 
the  United  States  of  America  should  always  he  sul)ject  to  Great  Britain, 
hecause  there  were  men  of  more  universal  knowled<j;e,  as  to  ruling  the 
scepter,  and  more  experienced  generals,  and  better  equii)])ed  with  shiji- 
ping  and  warlike  stores,  «&c. 

N'ecessity  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  anv  account  of  Pow- 
der, cannon  and  all  kinds  of  warlike  stores  are  manufactured  amongst  us. 
Ships  of  war  are  built,  and  the  i)reparations  of  war  gf)  on  with  such  rap- 
iditv  thiit  it  is  not  to  be  paralleled  in  history.  Foreign  powers  are  now 
assisting  tlie  lisins  States  of  America  in  many  res])ects.  This  the  Uni- 
ted States  could  not  have  done  had  they  not  asserted  their  free  and  nat- 
ural rights  and  lil)erties  that  were  given  them  by  the  God  of  Nature, 
thereby  to  throw  off  the. heavy  yoke  of  bondnge  that  George  the  3d  has 
jirenared  for  us  and  our  successoi-s. 

Xeither  will  the  people  of  the  district  of  the  New  Hampshire  Grants 
ever  be  a  free  and  happy  people,  exce])t  they  steadfastly  maintain  the 
fi-ee  and  nntural  rights  and  lil)erties  tha*  were  given  them  by  the  God  of 
Nature,  therid^y  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,  lit  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.  manv  of  them,  of  an  ancient  date, 
yet  are  very  flourishin?.  and,  like  youuL:  l)eginners,  we  are  willing  to 
work  for  our  living.  We  have  phmty  of  fertile  binds;  our  territory  is 
considerably  larger  than  either  of  the  States  of  New  Hampshire,  Con- 
necticut. Rhode  Island  and  Providence  Plantations,  or  New  Jersey.  No 
doul)t  but  in  a  short  time  it  will  be  as  well  peopled.  As  we  are  but 
small  as  to  nuraliers,  our  public  concerns  will  also  be  small  in  proportion; 
and  as  to  a  mode  of  afovcrnment,  there  can  be  no  greater  ex|)ense  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  session.s,  and  jiave  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  pe  jple,  they  will  not  have  occa- 
sion to  commission  many  salaried  officers  in  the  State.  They  will  also 
set  all  officers'  fees  at  a  reasonable  nite  As  to  Court  Houses,  some  are 
alrendy  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  wei-e  to  be  in  the  State  of  New  York,  then  we  must  send  dele- 
gates to  sif  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  jieople  properly  represented,  there  should  a  consider- 
able number  go,  and  when  they  are  all  met  in  Congres.  the  State  vvould 
be  so  large  that  gentlemen  from  the  exti-eme  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 
l)cen  an  unhapiiv  dispute  between  this  district  and  the  former  govern- 
ment of  New  York,  and  some  jneml)ers  of  that  lion.  House  have  lieen 
our  greatest  antagonists,  it  is  [lossible  tlie  l)est  of  men  might  l)e  some 
biased,  though  uniierceivable  to  them.  Thus,  these  gentlemen  will 
s])end  near  or  all,  the  year,  in  iloiim  what  little  business  i;oneerus  this 
district,  and  a.-sist  others  to  do  theirs,  wliieh  they  know  nothing  of,  and  in 
getting  other  gentlemen  to  givi'  theirconsent  to  all  resolves  that  concern 
this  district,  who  will  be  equally  ignorani  of  our  situation,  by  reason  of 
their  local  situation  from  ours.  This  being  the  case,  it  neces.sarily  fol- 
lows that  there  ought  to  be  delegates  enough  from  this  district  to  know 
all  business  that  shouhl  be  neces.sary  to  be  done  for  said  district.  If  so, 
surelv  the  same  gentlemen  might,  much  easier  and  cheaiier,  do  their 
business  by  meeting  in  some  convenient  plnce  in  this  disli-jci,  wiiere  no 
other  business  would  interfere  with  theirs. 

When  civil  laws  should  again  take  place,  douI)tless  there  would  be 
many  actions  a])pealed  up  to  the  Supreme  Court  of  New  York,  and,  as 
the  State  would  be  so  large,  doubtless  tliey  would  he  full  of  business. 
For  that,  and  many  other  reasons,  it  is  likeh'  actions  would  l)e  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  4o0  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  ot  this  district. 

The  gi'eat  distance  ot  ro;id  b.^fwixt  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  Stale. 

I  now  appeal  to  the  impartial  reader  which  of  tliese  two  ways  would 
be  best,  wisest  and  cheapest,  both  for  the  district  of  the  New  Hampshire 
Grants,  and  the  State  ot  New  York. 

"  Brave  Countrymen, 
We're  here  assembled  for  the  toughest  tight 
That  e'er  strained  the  force  of  American  arms. 
See  yon  wide  tield,  with  flittering  numbers  gay  ; 
Vain  of  their  strength,  the}'  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  I     For  me,  I  swear,  by  Heaven, 
By  mj'  great  tather's  soul,  and  by  my  fiime, 
My  country  ne'er  sliall  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  hoi)e.  l)rave  countrymen, 
Ye  all  resolve  the  same." 


APPENDIX  C. 


MANIFESTO 

Prepared  and  Published  by  ouder  of  the  Westminstkr  Con- 
vention, October  30,  1776.' 

[From    the  American    Archive!,,    Fifth    Series,   vol.    ir,    cols.    1300-130.'.] 


Convention  of  New  Hampshire  Grants. 

In  Convention  of  the  Bevresentatives  from  the  several  Counties  and  Towns 
of  the  New  Hampshire  Grants,  holden  at  Westminster,  Octo- 
ber 30, 1776. 

When  we  view  the  ahiiosl  insurmountable  ditiiculties  the  inhabitants 
ot  our  infant  Plantations  have  been  subjected  to  in  bringing  a  desolate 
wilderness  into  fruitful  tields,  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  Neir-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  th<)se  inhabitants  of  their  interest  :  But,  for  present  illus- 
tratit)ii,  the  ibllowing  are  here  set  down  as  matters  of  fact,  viz: 

1.  Thai  most  of  us  hold  our  lands  by  virtue  of  grants  from  the  seve- 
ral authorities  of  the  former  Provinces  of  the  Massachusetts-Bay  and 
Neuo- Hampshire.  In  consequence  of  which  grants  we  lett  our  native 
places  of  abode  to  inhabit  a  desolate  wood;  anfl  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  ro3^al  order  in  A.  D.  1764,  The  sev- 
eral Governours  of  that  Colony  have  presumed  to  regrant  the  lands 
from  under  our  feet,  wliich  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  : 

'  See  ante,  p.  38. 


Appendix  C.  391 


"At  a  Court  at  St.  James's,  the  •24'>'  day  of  July,  1707, 
PRESENT  : 

The  King's  Most  Excellent  Majesty, 


Archbishop  of  Canterbury.  Earl  of  ^Shelburne, 

Lord  Chancellor,  Viscount  Fabnouth, 

Duke  of  Queensboroiuili. 

Duke  of  Ancaster. 

Lord  Chambei-laiu. 

Earl  of  Litchfield. 

Earl  of  Bristol 


Viscount  Barrington, 
Viscount  Clarke, 
Bishop  of  London, 
Mr.  Secretary  Conway, 
Hans  Stanl3%  Esq. 


His  Majesty  taking  the  said  Report  ( t.  e.  Report  of  the  Hoard  of 
Trade)  into  consideration,  .was  pleased,  with  the  advice  of  his  Privy 
Council,  to  approve  thereof,  and  doth  hereliy  strictly  charge,  re(piir<',  and 
command,  that  the  Governour  or  Con)ir,;uKler-in-Chief  of  iiis  Maji'sty"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  descrilied  in  the  said  report,  until  his  Majesty's  fur- 
ther pleasure  shall  be  known  concerning  the  same. 

WILLIAM  SHARP. 
A  true  copy.  Attest:  Geo.  Banyak.  Dep.  *Sec." 

Notwithstanding  the  above  prohibition,  the  Governours  respectively 
of  New-York,  continued  their  former  piactice  of  regranting  the  same 
lands. 

4.  To  take  the  special  advantage  of  the  governing  part  of  New-  York,  to 
secure  the  titles  severally  to  tlie  lands  thus  rcgranted,  writs  of  ejectment 
were  sent  in  large  detachments  with  otticei's  of  tlieir  appointment  at  the 
head  of  them,  with  ])articular  orders  to  execute  them;  and  the  i-esult  of 
such  services  on  trial  have  produced  writs  of  jiosscssion  from  the  Su- 
preme Courts  of  New-York,  in  consequence  of  whicli  several  persons 
have  been  disi)osst'Ssed  of  valuable  farms,  houses,  stocks,  produce,  &c. 
And  by  a  continnnnce  ot  writs  of  ejectnn;nts,  possessions,  &c.,  we  have 
been  under  the  disagreeable  necessity  to  draw  our  swords,  and  for  many 
years  i)ast  to  wield  them,  in  defence  of  our  ))ossessions  and  jiroperties, 
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 
possessi  )ns  and  })rop(;rties,  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  prochiniations 
issued  by  the  legislative  authority  of  New-York,  whenin  hii'ge  sums  of 
money  were  offered  fur  the  purpose  of  apprehending  and  taking  into 
custody  said  riotous  persons  and  bring  them  to  condign  i)unishment; 
and  as  though  this  niight  not  prove  etteclual  to  subdue  the  minor  and 
most  honest  of  this  Government,  that  same  legislative  body  did  make 
and  pass  twelve  acts  of  outlawry,  which  empowered  t])e  Judges,  that  in 
case  any  such  offender,  alter  notice  had  been  published  and  ])osted  sev- 
enty days,  should  not  surrender  himself  for  trial,  that  it  should  \w  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  i)ower  of  New- York,  in 
erecting  the  Counties  of  Cumberla)id  and  Gloucester,  was  not  (by  tiiem) 
intended  for  the  benefit  of  the  inhabitants,  as  may  appear  by  their  api)oint- 


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  dis])osi1  ion  to  apply  to  the  power  of  New-  York  for  a  regrant 
of  the  lands  in  said  County;  and  it's  to  be  observed  Ihe  most  of  the  civil 
magistrates  and  military  officers  werc^  so  a))]iointed  that  they  were  great 
friends  to  the  legislative  body  of  JSfeio-York.  Those  persons  thus  ap- 
]i()inled  did  not  fail  to  use  their  intiucnce  with  the  inhabitants  to  get 
themselves  ap]M>iiited  agents  to  transact  a  business  of  that  kind  at  the 
court  of  Neic- 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  wei'e  obliged  to  have  a  considerable  part  of  our  lands  dis- 
pose<l  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. 

The  matter  being  ])rought  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.  I?.  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  ])resent  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  occu])ancy  about  seventy  years.  The  custom  of  the  former  Govern- 
ment of  Ne^o-York,  to  wit:  breaking  of  Sabbaths,  neglect  of  public  wor- 
ship, &c.  We  principally  emigrated  from  the  New  England  States  ;  and 
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-Hampshire, 
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  jn-esent  ;  would  humbly  submit  to  the  candid  reachu', 
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  froni  the  minutes  :  Ira  Allen,  Clerk. 


27 


APPENDIX  D, 


DR.  THOMAS  YOUNG  TO  THE  INHABITANTS  OF  YEEMONT. 

[From  a  copy  printed  In  a  hand-bill,  furnished  by  Hon.  James  H.  Phelps  of 
West  Townsliend.]  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  fi-om  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  tlie  support  of  any  government  under  the  Crown  of  Great  Brit- 
ain, and  it  is  necessary  tliat  the  exercise  of  every  kind  of  authority 
under  the  said  Ci'own  should  be  totally  suppressed,  and  all  the  powers 
of  government  exerted  under  the  people  of  the  Col(>nies,  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 
sufllicient  to  the  exigencies  of  their  atiairs  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  Stale, 
hounding  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 

*  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  smik^d  on  llie  just  cause  of  Nortli  America  at  large,  you  in  a  pecul- 
iar manner  have  Ix-en  highly  favored.  God  has  dtuie  by  you  the  besi 
thing  commonly  done  for  our  species.  He  has  put  it  faii-ly  in  your 
l)ower  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  notliing  to 
do  l)ut  send  attested  copies  of  the  Recommendation  to  take  up  govern- 
ment to  every  townshij)  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  Safet3%  and  to  form  a 
Constitution  for  5'our  State. 

Your  friends  here  tell  me  that  some  are  in  doubt  whether  Delegates 
from  your  district  would  be  admitted  into  Congress.  I  tell  y©u  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  b}'  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  b}'  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  I3ills  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.  The^'  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  jilaceS,  comn.issions, 
&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  yeai',  and  be  sensible 
of  their  need  of  the  popular  good  will  to  sustain  their  jiolitieal  impor- 
tance, are  your  liberties  well  secured.  These  plans  effectually  promise 
this  securit}'. 

May  Almighty  God  smile  upon  your  arduous  and  im])ortant  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  liave  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  as  should  in  the 


396  Appendix  D. 

opinion  of  the  Eei^resentatives  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  oj  Congress,  1777-8,  vol.  Ill,  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,  theretore,  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. 

"  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,  maybe  ranked 

*  For  letters  of  the  President  of  New  York  Convention,  see  Slade's 
iState  Papers,  pp.  73-75. 


Appendix  D.  397 

among  the  free  and  independent  States;  and  that  dek-gates  therofi-oni 
may  be  admitted  to  seats  in  Congress,'  be  dismissed. 

"Resolved,  That  Congress,  by  raising  an<l  ofheering  the  regiment, 
commanded  by  Col.  Warner,  never  meant  to  give  any  encouragement  to 
the  chiim  of  the  people  aforesaid,  to  be  eonsidei'ed  as  an  independent 
State;  but  that  the  reason  which  induced  Congress  to  form  tliat  corps, 
was,  that  many  ofiicers  of  diti'erent  states,  wlio  had  served  in  Canada, 
and  alledged  that  they  could  soon  raise  a  regiment,  hut  were  then  unpro- 
vided for,  might  lie  reinstated  in  the  service  of  the  United-States. 

'•  Whereas,  a  printed  jiaper,  addressed  to  the  inliabitants  of  the  district 
aforesaid,  dated  Philadelphia,  Ajn'il  11,  1777,  and  subscribed  Thoma.s 
Young,  was  laid  before  Congress  by  one  of  the  delegates  of  Xew-York, 
to  which  address  is  prefixed  the  resolution  of  Cf)ngress  of  the  loth  May, 
1776,  and  in  which  are  contained  the  following  paragraphs  :  '  I  have 
taken  the  minds  of  several,  of  the  leading  members  of  tlie  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  succe.^^s  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  choo'-e  how  you 
will  be  governed,  and  by  whom,  as  they  had.' 

"  Resolved,  That  the  contents  of  the  said  i)aragraphs  ari'  derogatoiy  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  nf  New  York,  Vol.  4,  pp.  5(19.  .170.] 

Resolution  of  the  New  York  Council  of  Safety. 

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  30^'"  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 


'  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  "  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,  {i^etitioned  for  remuneration  with  several  others,  but 
was  refused. — See  B.  H.  Hall's  Eastern  Vermont. 


398  Appendix  D. 

John  Wheelock,'  and  that  they  be  requested  to  distribute  the  same 
throughout  tlie  eastern  District  of  this  State  in  such  manner  as  will 
most  eftectually  convey  to  the  Inhabitants  of  the  said  District  the  Dis- 
approbation of  the  Hont'ifi  Continental  Congress,  of  the  Illegal  Proceed- 
ings of  their  pretended  Convention  and  their  adherents  and  abettors. 
Extract  from  the  Minutes,  RoBT.  Bexson.  Secr'^v- 

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  hath  not  already 
Chosen,  to  meet  at  ^Yestminster  Court  house,  on  the  first  Tuesday  in 
September  nexl,  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  y^  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  10'^''  august  1777.  \ 

To  Jesse  Burk,  you  are  heareby  Required  to  take  the  Bcdy  of  Capf- 
James  Clay  of  Putney  and  him  safely  keep  so  that  you  have  him  Before 
this  Council  to  answer  the  coinjilaints  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  sutHcient  warrant. 

By  order  of  Council,  Jonas  Fay,  Vies  President. 

A  true  Copy  Compared.        Jesse  Burk.^ 


^  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  th(!  purpose  in- 
tended by  New  York. — See  note,  ante,  p.  137. 

^  This  order  was  of  course  in  that  part  of  the  recoi'd  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  Wi'ight's  company  in  the  whig  west  parish,  and  after- 
ward, under  Vermont,  he  was  captain.  He  succeeded  to  the  torj'  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  y^'  16:  1777. 
I  was  taken  by  the  within  named  Jesse  Bnrk,  and  was  carried  l)y  him 
before  the  within  named  Council,  I  asked  said  Committee  wlial  was  the 
Comphiint  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  transjiiied  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  tirst  arraignment  as 
above  given. 


APPENDIX  E. 


REMARKS    ON    ARTICLE    THREE   OF    THE    DECLARATION 

OF  RIGHTS. 

By  Hon.  Daniel  CmrMAN. 

[From  Memoir  of  Thomaa   Cliittenden,  by  D.  Chipnian,  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  lax  the  mi- 
nor sects  for  the  benetit  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  supjjort  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  j3eople  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  stwod  in  the  Constitution  of  Pennsylvania:]  '•'■Nev- 
ertheless every  sect  or  denomination  of  people  ought  to  observe  the  Sabbath, 
or  the  LonVs  day,  and  keep  up,  and  support,  some  sort  of  religious  wor- 
ship, which  to  them  shall  seem  tnost  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  Iniilding  of  meeting-houses  and  the  support  of 
ministers,  until  October  178."},  when  they  i)assed  an  act  entitled  "an  act 
enabling  towns  and  parishes  to  erect  piojier  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  })ub- 
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  dutj'  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,  j)la<'e,  and  matter  to  be  debated;  giving 
twelve  days  notice,  by  posting  the  same  at  the  most  pnblic  ]ilace,  or  i)la- 
ces,  in  said  town  or  parish:  and  that  two  thirds  of  the  inhabitants  of  snch 
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  hereb}'  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  worshij),  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  attirma- 
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  sliall 
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 
membei's,  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  ac(iuaint  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  ai-e  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  ])arish,  (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-bouses, 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. 

fercnt  towns,  collected  from  various  parts  of  New  Ensjland,  more  readily 
united  for  the  support  of  public  worship,  in  a  mode  to  which  they  had 
been  accustom(;d,  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  otlier  Xew  England  States,  and 
an  0]iposition  to  the  [above  quoted]  Ministerial  act  was  at  once  mani- 
fested. And  this  opposition  naturally  increased  from  year  to  year,  until 
the  3-ear  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  ])e  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 :  /  do  not  agree  in  religious  opinion,  with  a  majority  of 
the  inhabitants  of  this  town.''' 

This,  it  was  supjjosed,  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  colon}-.  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  cast, 
and  overlooked  all  the  trees  and  hills  in  the  vast  wilderness  at  the  north 
and  south."  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  Americaby  the  diflerent 
powers  of  Europe,  he  continued,  '  we  have  here  met  upon  the  rock 
p]tam,  standing  on  Mount  Pisgah.  which  makes  a  part  of  the  everlasting 
lull,  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  fiesh, 
and  to  give  it  a  new  name  worthy  of  the  Athenians  and  ancient  Si)ar- 
tans, — 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. 

'  The  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  tw^o  thirds  of  the  people  in  the  whole  district.  The 
whole  number  of  inhabitants  therefore  in  1771  must  have  been  about 
seveu  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  thai 
the  name  Verd  Mont,  or  Vermont,  was  ever  ajjplied  to  the  territory  gen- 
erally known  as  the  ISTew  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  Eev.  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 
"  Eev.  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 
Bev.  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.  Peteks,  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.  Eev.  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.°  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  ISTew  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  tire  rends  trees  in  pieces  with  no  greater  ease,  than  does  this 
mighty  water." — See  General  History  of  Connecticut,  American  edition, 
p.  110. 

'  History  of  Hugh  Peters,  by  Samuel  A.  Peters,  p.  116. 
^Drake's  Dictionary  of  American  Biography,  and  Allibone's  Dictionary 
of  Authors. 


APPENDIX  G. 


THE    UNION    OF  NEW    HAMPSHIRE    TOWNS    WITH    YEE- 
MONT,  IN  1778-9. 

[From  Ira  Allen's  History  of  Vermo?it,  in  Vermont  Hist.  Soc.  Coll.,  vol.  I,  pp.  394-400.J 

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  Ii'a  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;' 
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  etfect  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  tliat  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 

'  See  ante,  p.  132. 

'  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.  276,  276,  note,  and  278. 


406  Appendix  Q-. 

said  sixteen  towns  wei'e  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  JSTew 
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  saiH 
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  INew  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  Weai-e,  Esq.,  was  then  Px-esident  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  minorit}'  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  tlie  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  jieople,  the 
legislature  chose  to  dissolve  it  in  the  same  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  Gr.  407 

dissolved  at  the  adjourned  term  in  February,  which  appeared  satisfactory 
to  the  General  Court  of  that  State.  The  dissenting  members  of  the  leg- 
islatui'e  convened  In-  themselves,  and  invited  all  the  towns  on  the  New 
Hampshire  grants,  "on  both  sides  of  Connecticut  Eiver,  to  send  mem- 
bers to  form  a  convention  at  Cornish,  on  the  Utli  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  lliver  in 
17(34:.  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  apian  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  bod}'  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  wiiich  should  be  upon  Con- 
necticut lliver.  This  \vould  be  etfected  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  eliect,  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  H;unpshire  to  extend  jurisdiction  over  the 
territory  of  Vermont,  under  the  pretence  of  opposing  the  claim  of  New- 
York,  and  the  befriending  of  tlie  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  conver- 
sation with  Major  Atkinson,  a  menil)er  frum  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  liad  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  Cr. 

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  ot  Vermont, 
would  be,  not  to  become  a  party  in  the  dispute,  but  to  use  her  intluence 
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  constant  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  peojile,  and  to 
settle  the  discord  subsisting  on  both  sides  of  Connecticut  river,  and  de- 


Appendix  Gr.  409 

clared  on  his  honour  that  he  had  no  secret  design  of  overthrowing  the 
present  s3-stem  of  Government  adopted  in  Vermont,  or  of  uniting  that 
State  to  Kew  Hampsliire,  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  tluim  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 
opinion  of  the  Legislature  of  Vermont  might  be  taken  thereon.  The 
question  was  moved  and  carried  by  a  majority. 

This  procrastination  was  essential  to  Vei'mont,  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  etfects  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  ]n-inciples  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  b}- 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  fii'st  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  Gr. 

selves  as  so  many  distinct  corporations,  until  Ihey  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  wa)\ 
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  Hamji- 
shire;  and  that  their  acceptance  of  the  grants  was  in  effect  an  acknoAvl- 
edgment  of  the  jurisdiction,  and  a  submission  to  the  laws  of  tlie  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  vmion,  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  M^ere  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  apjiointment  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- 

'  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  toions^  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,  9    Lyman, 

2  Lebanon,  ,„      inihnrr,    ^  "O"*^  [I'^l]  'iivided  into  Lit- 

(  a  name  given  to  tlie  district  ^"     ^pmorp,  -j  ^\^.^^,^^  .^,j,)  D^ito,, 

3  Dresden,    I  belonging  to  Dartraoutli  Coi-  11    Enfield, 

( lege,  but  now  disused.  12  Canaan, 

4  Lime,  13  Cardiijan,  now  [1791]  Orange. 

5  Orford,  14  Landaff, 

6  Piermont,  15  Gunthwaite,  now  [1791]  New  Concord. 

7  Haverhill,  16  J/oms-<oww,  now  [1791]  Franconia. 2 

8  Bath, 

^This  note  is  from  BELidSTAP.  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  Gr.  411 

tlement  of  a  Jurisdictional  line,  and  a  friendly  correspondence.'  ^  The 
President  of  New  Hanijisliiie,  in  the  name  of  the  Assembly,  wrote  to 
the  Governor  of  Vermont.  [Auijust  1^2,]  claiming  the  sixteen  towns  as  a 
part  of  the  State,  the  limits  of  which  had  been  determined  i)rior  to  the 
revolution  :  reminding  him  that  those  towns  iiad  sent  delegates  to  the 
[New  Hampshire]  convention  in  177.");  that  they  had  a])j)lied  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  atibrd;  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  Hampsliire]  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  territoi-y, 
seemed  to  form  not  only  a  natural,  but  a  political  line  of  division.  A 
more  coi'dial  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  Gr. 

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  Kew-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  w^ere  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,  Ihey  extended  their  claim  westward  into  New-York, 
and  eastward  into  New-Hampshire  ;  and  thus  not  onl}^  the  sixteen 
towns,  but  several  other  towns  in  the  counties  of  Cheshire  and  Grafton,  be- 
came incorporated  with  Vermont  by  'ai-ticles  of  vmion  and  confederation.' 

It  is  not  easy  to  develojie  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  w^ere  involved  in  this  controversy,  will  be  disappointed. 
Several  interfering  interests  conspired  to  i)erplex  the  subject.  The  peo- 
ple on  the  western  side  of  the  Green  Mountains  wished  to  have  the  seal 
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  Avere  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  Avith  invasion  in 
1777,  were  understood  as  an  acknowledgment  of  it.  Had  there  been  no 
attempt  to  unite  with  the  tow^ns  on  the  eastern  side  of  the  river,  New 
Hampshire  would  perhaps  never  have  opposed  the  independence  of  Ver- 
mont. But  the  Assembly  was  afterward  induced  to  claim  all  that  terri- 
tory, which  before  the  year  1764,  had  been  supposed  to  be  within  the 

»The  author  [BelknapJ  has  spared  no  pains  to  get  as  perfect  a  knowledge  of  tliese  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  tliose  who  are  belter  acquainted  witli  the  subject  would  oblige  the  pub- 
.ic  with  mox-e  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  Gr.  413 

limits  of  the  State.  This  interfered  with  tlie  claim  of  New  York  ;  and 
at  tlie  same  time  Massachusetts  put  in  a  claim  to  a  part  of  Vt^'mont. 
The  controversy  had  become  so  intricate,  that  it  was  thoujiht  necessary' 
to  be  decided  b}-  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  |)ass  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  llamjishire,  and  to  abstain  from  gi-an1ing 
lands,  or  confiscating  estates,  within  their  assumed  limits,  till  the  matter 
should  be  decided.  The  States  of  New  York  and  New  IIami)shire 
passed  these  acts;  hut  Massachusetts  did  not.  The  Vermont  Assembly 
proceeded  in  granting  lands  and  confiscating  estates  ;  and  Congress 
could  only  resolve  that  their  proceedings  were  unwarrantable.* 

[  From  Siade'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  3'ou, 
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,  ])art  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 
])ersuade  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  thej^  do  n(>t  join 
with  them  ;  and  I  am  ver}^  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  pretenc^e  of  keeping 
some  companies,  last  winter,  and  now  a  regimen<:,  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 
cjuarter,  he  could  be  removed  for  some  other  command,  if  he  must  be 
kept  in  pay  and  employed. 

I  am  directed  to  desire  3'ou,  (jn  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  iiid  of 
congress,  if  3'ou  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 

•  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  thinli  themselves  bound,  hy  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,  1  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  rei^resent  to  you,  and  to  desire  it  may  be 
laid  before  the  representatives  of  vour  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  eera  V  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  ])rotection  ?  It  is  well  known,  they 
did  -  and  that  New-Hampshire,  at  their  own  expence,  hath  supi)Ued  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  diflerent  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  t<>  apply  (o  this  state  for  protection  ;  indeed,  some 
have  ah-eady  ajiplied.  And  are  not  the  people  of  this  state;  under  every 
oblij,'ation.  civil  and  sacred,  to  jjiant  their  brethren  the  needed  defence  ? 
I  beseech  vou,  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- 
(piish  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  privile,<j;es  as  the  other  peojilc  of  said  state, 
from  which  there  has  never  be(>n  any  attempt  to  restrict  them. 
1  am.  Sir,  with  due  respect. 

Your  obedient  humble  servant, 

Meshech  Weake. 
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  Kepresentatives  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-Hampshii-e;  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  eftusion  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  ISth,  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  l!lth; 
at  which  time  I  arrived  at  Philadelphia,  and  being,  immediately,  in- 
foruied  of  the  business  l)y  some  of  the  members  of  congress,  I  usi-d  my 
influence  against  its  being  hastily  determined  ex  parte;  and  particularly 
objected  to  the  complaints  from  the  slates  of  New-Hampshire  and  New- 


*  At  tliis  session  of  tlie  Legislature,  representatives  from  ten  of  the  sixteen  towns  on  llie  east 
side  of  Connecticut  river,  took  tlieir  seats  in  the  General  Assembly. —  Williams. 


416  Appendix  G. 

York,  their  being  both  considered  at  tlie  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  1  engaged  to  transmit  the  proceedings  of  this  assembly 
to  congress,  as  soon  as  tliey  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  Februai'y  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  tine,  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  suthciently  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  lOi/i  day  of  Oct.  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. 

Vfrm(  NT  [    ^^  General  Assembly,  at  Windsor,  Tuesday.  Oct.  13,  1778. 

Besolved,  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  repoi't,  thereon,  to  this  assembly. 

Vermont  \  Windsor,  October  ISth,  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  i)apers  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  tlie  counci]  nnd 
assembly  of  New  Hampshire,  to  their  members  at  the  Continental  Con- 
gress, dated  August  lUth,  177S. 

Report  of  Col.  Ethan  Allen,  from  members  of  congress  of  the  10th  in>l. 

Protest  from  Hinsdale,  Brattleborough,  &c.  dated  April  15th. 

And  a  co])y  of  a  letter  from  Governor  Clin'on  to  Pelatiah  Fitcli, 
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  ofsundry  towns, 
east  of  Connecticut  river,  with  this  state,  wei'e  largely  discussed. 

Committee  then  adjourned  till  to-morrow  morning,  eight  o'clock  :  ami 
continued,  by  various  adjournments,  to  the  lOth. 

October  l6th. — Committee  met,  according  to  adjournment — when  the 
following  question  was  put,  viz. 

Whether  this  committee  will  enter  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  adjourinui'nt:  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  j'clock,  P.  M. 

Monday,  October  19^/t.^Coramittee  met,  according  to  adjournment. 

The  committee,  appointed  on  the  17th  instant,  made  their  report,  as 
on  tile;  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  b}'  their  sub-committee,  as  having,  in  their  opinion, 
the  most  etfectual  tendency  for  the  further  establishment  of  this  state. — 
Which  were  reported  accordingly  :  and  are  as  follows,  viz. 

State  of  Vermont,  Windsor,  October  19</i,  A.  D.  1778. 
To   the  committee,   consisting  of  the   Governor,   Deputy   Governor, 
Council  and  House  of  Representatives. 

*  In  the  Rural  Magazine,  by  Dr.  Williams,  p.  518,  is  the  following  ac- 
count of  the  verbal  statements  of  Ethan  Allkn  : 

The  colonel,  in  addition  to  his  written  report,  publicly  declared  before 
a  committee  of  both  houses,  when  the  matters  were  under  consideraticii, 
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  bi'- 
ing  put  to  him,  [Allen.]  in  the  same  public  manner,  by  one  of  the  mem- 
bers of  tile  assembly,  viz.  "Did  not  the  New-Hampshire  delegates  at 
Congress,  when  you  was  at  Phiiadeli)hia,  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  Gr. 

Your  committee,  appointed  to  draw  the  out-lines  of  a  plan  to  be  pur- 
sued for  the  establishment  of  tlie  state,  beg  leave  to  propose  as  follows, 
viz. 

First.  That  a  declaration  l»e  drawn  uj),  setting  torth  the  jiolitical  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  N"ew-Hamnshire;  where  1:he  grantees  ex- 
pected to  have  remained  :— that  the  King  of  Great-Britain,  under  the 
intluence  of  false  and  ex-parte  representation,  passed  a  decree  in  Coun- 
cil. A.  D.  17fi4.  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  intluence,  under  which  it 
was  obtnined  :  and  that  the  whole  of  said  grants  were,  consequently,  of 
7'igkt.  under  the  same  jurisdiction,  as  before  said  decree  took  place — but 
the  Governor  of  ISTew-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  who'e  of  the  grants  became  unconnected  with  any  state; 
and  had  an  opportunity  to  assert,  and  entei-  on,  measures  to  support  their 
just  rights,  and  Avere  at  liberty  to  unite  toirether,  or  with  any  othei- 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  cortsiderable  number  of  towns  on  the  grants,  east  of  the 
river,  aftei'  various  ineffectual  endeavors  to  unite  with  New-IIani])shire, 
on  sucli  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  sohminly  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  ougiit  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  ]u-oposals  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,  agreeable  to  a  resolve  of  assembly  at  their  session, 
at  liennington,  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 
giant,  jurisdiction,  power  and  privilege,  on  account  of  any  tormer  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  i)roposaIs  at 
lai-ge,  and  rejiort  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  tlu'  viiiilicatinn  nf  <nii-  coikIiicI;  also  to  all 
the  towns  on  the  said  grants. 

Fourth.  That  the  general  assembly  i)roeee(l  to  erect  i-ouits.  ami  eiiaet 
laws  and  regulations  for  the  support  of  government;  as  far  as  the  eir- 
cumstanees  of  the  state  will  admit. 

Bt/  order,  Thomas  Ciiittkxdkn,  Chairman. 

The  joint  committee,  then,  dissolved. 

Attest.  Bezaleel  Woodwai;!),  Clerk. 

In  General  Assembl)/,  Mondnii,  October  V.Hh. 
The  joint  committee  of  Governor,  Lieutenant-Governor,  (Council  and 
Assembly,  made  their  rejiort,  as  before  mentioned,  and  Ibc  considciation 
thereof,  was  deferred  till  to-morrow. 

Tuesday,  October  'lUth. 
The  report  of  the  joint  committee  of  Governor.  Lieutenant-(Tovernor, 
Council  and  Representatives,  made  yesterday  totbis  assembly,  was  read, 
and  approved;  and  thereupon. 

Resolved,  That  the  first  and  second  articles,  in  the  report  ot  measures 
pi'oposed  by  the  joint  committee,  be  transmitted  to  the  Pi-esident  of  the 
honorable  (Continental  Congress,  and  to  the  I'resident  of  the  Council  of 
New-Hampshire,  with  projier  letters  accompanying  them. 

Resolved,  That  Col.  Payne,  Mr.  Jones  and  Mr.  AVoodward.  be  a  com- 
mittee, to  join  a  committee  from  the  council,  to  make  a  draft  of  tbe 
above  mentioned  letters,  to  be  laid  ])efore  tins  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  tbe  i-eporl  of  measures  propo- 
sed to  be  pursued,  for  the  establishment  of  the  state,  be  pi'inted  in  band 
bills,  and  transmitted  to  all  the  towns  on  the  New-Ham]ishire  grants. 

Resolved.  That  Mr.  Nathaniel  liobinson.  Col.  Payne,  Mr.  Woodward, 
Capt.  John  Fassett,  jun.  Mr.  Post,  Capt.  Throoj).  Capt.  Ebenezer  Cur- 
tiss,  Maj.  Bayley  and  Mr.  Wells,  be  a  committee,  to  join  a  committee 
from  the  council  to  draw  a  bill  to  l)e  laid  before  this  assenil»ly,  for  divid- 
ing the  state  into  four  counties. 

Wednesday.  October  'list. 
The  following  questions  were  ])roj)osed.  and  answered,  as  herein  slated. 
Question  1st.  Whether  the  counties,  in  this  state,  shall  remain  as  they 
were  established  by  this  assembly,  at  their  sessions  in  Marcli  last  V 
Yeas  Ho,  viz. 
Capt  Noble, 
Capt.  John  Fassett. 
Mr.  Millington, 
Capt.   John  Fassett,  jun. 
Mr.  Thomas, 
Mr.  Bradley, 
Capt.  Gideon  Ormsbee. 
Mr.  Powell, 
Capt.  Underbill. 
Mr.  Moses  Robinson, 
Mr.  Adams, 
Mr.  Rowley, 
Mr.  Ward, 
Mr.  Lewis, 
Mr.  Post, 
Mr.  Belknap, 


Naijs  2(),  viz. 

Col. 

Walbridg(>, 

Mr. 

Jackson, 

Mr. 

Alvord. 

Ml-. 

Aiken. 

Mr. 

Tilden. 

Mr. 

Bartholomew, 

Mr. 

Smith. 

Mr. 

Benjamin   Ualdwin, 

Mr. 

Nutting,^ 

Mr. 

Foster, 

Mr. 

Estabrook, 

Capt.   Wheatley, 

Ca| 

t.  Turner, 

Mr. 

Freeman, 

Cap 

t.  Woodward, 

Mr. 

Thomas  Baldwin, 

420  Appendix  G. 

Capt.  Jonathan  Fassett,  Col.  Payne, 

Capt.  Powers,  Mr.  Cluuidler, 

Mr.  Foot,  Maj.  Bayley, 

Capt.  Starr,  Capt    Young, 

Mr.  Wells,  Mr.  Ciirtiss! 

Mr.  Hamilton,  Capt.  Hatch, 

Capt.  Knight,  Mr.  Parkhurst, 

Col.   Fletcher,  Mr.  Harvey, 

Mr.  Nathaniel   Robinson,  Maj.  Chandler, 

Mr.  Webb,  Mr'.  Woodward. 

Mr.  Scott, 
Capt.  E.  Curtiss, 
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  h^M-eunto  annexed,  being  entered  as  nays,  on 
the  foregoing  question,  hereby  assign  our  i-easons  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  onl}'; 
which  was  jjrevious  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  jjut  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  tiie  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,  Bezaleel  Woodward,         James  Bayley, 

Stephen  Tilden,  John  Wheatley,  Alexander  Harvey, 

Bela  Turner,  Jonathan  Fi-eeman,  David  Woodward, 

Thomas  Baldwin,  John  Young,  Edward  Aiken, 

Benjamin  Baldwin,       Abel  Curtiss,  Neliemiah  Estabrook, 

Abraham  Jackson,        Ebenezer  Wal  bridge,        Joseph  Hatch, 
Tim.  Bartholomew,      John  Nutting,  Joseph  Parkhurst, 

Abner  Chandler,  Frederic  Smith,  Reuben  Foster. 

Question  2(1.  Whether  the  towns,  east  of  Connecticut  river,  included 
in  the  union  with  this  state,  shall  be  included  in  the  county  of  Cumber- 
land ? 

Question  ?)d.  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.  Nays  33,  viz. 

Col.  Walbridge,  Capt.  Noble, 

Mr.  Jackson,  Cajit.  John  Fassett, 

Mr.  Alvord,  Mr.  Millington, 

Mr.  Aiken,  Capt.  John  Fassett,  jun. 


Appendix  Gr. 


421 


Mr. 

Tilden, 

Mr. 

Parkhurst, 

Mr. 

Bartholomew, 

Mr. 

Sniitli, 

Mr. 

Benjamin  Baldwin, 

Mr. 

Nutting-. 

Mr. 

Foster, 

Mr. 

Estabi'ook, 

Caiit.  Win- at  ley. 

Capt.  Turner. 

Mr. 

Lewis, 

Mr. 

Freeman, 

Capt.  Woodward, 

Mr. 

Thomas  Baldwin, 

Capt.  Young, 

Mr. 

Abel  Curtiss, 

Capt.   Hatch, 

Co. 

Payne, 

Mr. 

Harvey, 

Mr. 

Chandler, 

Mr. 

Woodward, 

Maj 

.  Bayley, 

Col. 

Morey, 

Cap 

t.  Ormsbee, 

Mr.  Thomas, 

Mr.    Bradley. 

Capt.   G.   Ormsbee, 

Mr.  Powell, 

Capt.  Underbill, 

Mr.  Rowley, 

Mr.   Moses  Robinson. 

Mr.  Adams, 

Mr.  Belknap, 

Mr.  Ward. 

Mr.   Post, 

Capt.  Jonathan  Fas.sett, 

Capt.  Powders, 

Mr.  Foot, 

Capt.  Starr, 

Mr.  Wells, 

Ml.  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  atRrmative  of  the 
two  last  foregoing  questions,  because,  the  negative  being  jiasscd,  the 
towns  on  the  east  side  of  Connecticut  river,  who  are  inclucled,  by  union, 
with  this  state,  are  thereby  effectually  delwred  from  all  benefit,  jirotec- 
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  llth,  177S;  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  an}'  town  in  said 
state;  as  by  said  resolutions  may  appear,  reference  thereto  being  had. 

Bezaleel  Woodward,  James  Bayley, 

John  Wheatley,  Alexander  Harvey. 

Jonathan  Freeman,  David  Woodward, 

John  Young,  Edward  Aiken, 

Abel  Curtiss, 
Ebenezer  Walbridge, 
Josei)h  Parkhurst, 
Ichabod  Ormsbee, 


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  lliis  assem- 
bly, with  their  towns  annexed. 

The  resolution  of  the  house  by  which  the  joint  committee  was  formed. 


Nehemiah  Estabrook, 
Joseidi  Hatch, 
Israel  More}, 
Elijah  Alvord. 


422  Appendix  G. 

The  report  of  the  joint  committee  on  the  19th  inst. 
The  jH-oceedings  of  assembly  thereon,  yesterday. 
The  resohition  passed  yesterday,  respectino:  division  of  counties. 
And  tlic  whoh'  of  the 'proceedings  of  Assembly,  passed  this  day,  to- 
gether with  the  reasons  annexed  by  dissentients. 
Extracted  from  the  Journals  and  coriipared. 
,0  ""J.         By    -X  Bezalekl  Woodward,  Clerk. 

Protest  of  thirty-seven  Members  of  the  General  Assembly,  representing  Neir 
'  Hampshire  towns,  and,  tonms  in  eastern  Vertnont. 

State  of      J  Windsor,  October  22d,  A.  B.  1778. 

\  ERMONT,  SS.  S 

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.  ''That  the  counties,  in  this  state,  shall  remain  as  they  were 
established  by  the  Assembly  of  this  .state  in  March  last." 

Second.  "That  the  towns  on  the  east  side  of  the  river,  included  in 
the  union  with  this  state,  shall  not  1)e  included  in  the  county  of  Cum- 
berland." 

Third.  "  That  the  towns,  on  the  east  side  of  the  river,  shall  not  be 
erected  info  a  distinct  count}'^  by  themselves." 

As  by  said  votes  on  the  journals  of  the  house  may  appear.  Which 
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  stale  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  grunt,  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  20tli  inst.  establishing  the  report  of  the  com- 
mittee of  both  laouses;  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  Cr.  423 

over  the  \\iu)le;  it  is,  ilierelort',  eilhur  void,  or  dcsti-oys  liolii   tlic  coiif'cd- 
cration  aiu]  Constitution. 

Wf  do,  tlieretbre,  herol)y  publicly  di'clai'i'  and  iiiaki.'  known,  that  wo 
cannot,  consistent  with  our  oaths  and  engagements  to  the  state,  (so  long 
as  said  votes  ?tand  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  01c«)tt.  Assistant,'  Thos.  M(jredock,  Assist." 

Elisha  Payne,  t  Bezaleel  Woodward,  ^  James  Payley,    -' 

Stephen  Tilden.  ^.         John  Wheatley,  p  Alexander  Harvey,  v^,' 

Bela  Turner,^  Jonathan  Freeman. j'  David  Woodward,.^ 

Al)ner  Chandler,.-         Ichabod  Oriusbee,  u>  Elijah  Alvord,    v^ 

Benjamin  S])auldingX  Reuben  Foster,    v,  Frederick  Smith,  ^.. 

John  Nutting,  CO  Joseph  Parkhursl,'.-  Isi-ael  Morey, , 

Benjamin  Baldwin^-''    Abel  Curtiss,  i-  Nehemiah  Estabi-ook,- 

Thomas  Baldwin,  e      John  Young,  l-  Josej)h  Ilatch.vL 

The  protesting  members  immediately  withdrew  from  the  Legislature, 
leaving,  in  the  Assembly,  a  number  l)arely  sufficient  to  constitute  a  quo- 
rum. This  number  proceeded  to  finish  the  l)usiness  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  tlu;  subject  of 
the  union. 

"  In  General  Assembly,  Windsor,  October  2M,  1778. 

Besolred,  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  assemblv. 

Whereas  there  are  several  inhabited  towns  in  this  state,  that  have  not 
Ijeen  represented  in  this  assembly,  according  to  constitution;  and  others, 
whose  representatives  have  withdrawn  themselves,  and  refuse  to  fake  a 
seat  in  this  house  : 

Therefore,  Besolved,  That  the  constable  or  constables  of  each  i-espect- 
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  api)ointed,  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  holden  at 
Bennington,  on  the  second  Thursday  of  Februar}'  next.'' 


Proceedings  of  the  General  Assembly  of  the  State  of  Vermont,  at  their  ses- 
sions in  October,  A.  D.  177S.  Containimj  an  explanatory  comment  on 
sundry  of  their  Resolutions,  tfic.  By  a  Committee  of  the  i^^'Oteslini/ 
Members.  Addressed  to  the  Freemen  and  other  Inhabitants  of  said 
State. 

[Finuislied  by  Hon.  .Iamks  H.  Tmklps  of  West  TowiisIioud.J 

As  a  foundation  for  the  propriet\^  of  the  following  remarks,  we  shall 
recite  the  resolution  of  the  General  Assembly,  passed  at  Bennington 
June  11th,  1778,  which  is  as  follows,  viz. 

'  Members  of"  Council. 


424  Appendix  (x. 

-  STXTTi  OF  Vermont,  )  j^  g^^^^,^^  Assembly.  June  IV^.  1778. 

Bennington,  ss.      \  ^ 

''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  Eiver. 
as  by  said  Articles  on  tile  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  therii  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  Otficers  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.  It  is  to  be  observed  that  the  Assembly,  in  passing  the  three 
Votes  protested  against,  entirely  withdrew  all  protection  from,  and 
wholly  deprived  the  peo^ile  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 

*  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  thirUj-nine  at  most,  (after  the 
dissenting  members  had  laid  in  their  protest  and  withdrawn)  resolved, 
that  the}'  would  ])rocee(l  to  business — and  accordingly  proceeded  to  en- 
act Laws — establish  a  Supreme  Court  in  the  State,  cScc, — oud  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  tiie  Kesolutions  of  the  Assi'mbly  protested  against,  and  the  fore- 
going remarks,  it  is  evident  that  Ihey  have  violated  iheir  solemn  engage- 
ments to  and  with  said  united  Towns — in  that  they,  by  their  Charter 
passed  at  I5ennington,  warranted  to  them  all  the  privileges  and  immuni- 
ties, that  any  Toion  in  the  State  had;  and  i\v  their  unanimous  resolve  on 
the  20'"'  instant,  renewed  and  confirmed  said  first  Grant  or  Covenant; 
all  which  the}'  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  jjarity  of  reason  they  may  restrict  it  to  a  set  of  men  or  famil^^ 

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  tiie  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  propriet}'  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  Assembh'  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  llepresentatives. 

Thus  Gentlemen  you  see  that  in  less  than  a  Year  after  the  establish- 
ment [of]  the  Constitution  of  this  State,  on  which  all  our  politi(;al  rights 
and  liberties  dei)end,  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  3'ou  to  take  the  earli- 
est opportunity  to  express  your  sentiments — whether  you  will  justify 
those  who  proceeded  as  an  Asseml)ly,  after  the  Dissentients  had  witli- 
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  3'ou  conceive  have  violated  your  just  rights  as  declared  in  the 
Constitution. 

29 


426  Appendixl  Cr. 

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  jiursued,  whereby  we  may  all  be  united  and  settled 
in  some  regular  form  of  civil  government — and  the  conduct  of  tlie  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  memhers  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, 

Joseph  Marsh,  Chairman. 

Windsor,  October  23''-  A.  D.  1778. 


Ethan  Allen  to  the  President  of  New  Hampshire. 

[From  the  Ethan  Alleti  Ms^.  Papers,  p.  275.] 

State  of  Vekmoxt.       Windsor,  23''  Octobr  1778. 

Sir, — In  Conformity  to  ni}'^  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- 
den'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.  II.]  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, 
w^here  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. 

Ethan  Allen. 

Hon'''''  Meshech  Weare,  Esq. 


Appendix  Gr.  427 

The  President  of  New  Hampshire  to  Ethan  Allen. 

[From  the  Ethan  Allen  Mss.  Papers,  p.  277.] 

State  of  New  Hamfsiiire.     Exeter,  Novemr  .'j'l'  1778. 

Sir. — I  received  yoi^n's  ft"  the  23(1  ult"-  by  Ira  Allen  Esq.  and  at  the 
same  time  a  Letter  from  Thomas  Chittenden  Esq.  purporting  a  Resolu- 
tion of  the  State  of  Vermont  concerniiif;  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  mattei".  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. 

Col°-  Ethan  Allen.  '  M.   Weare. 


An  Account  of  the  Union  of  sixteen  towns  on  the   east  side  of   Connect- 
icut River,  loith  the  State  of  Vermont.     By  Ira  Allen  Esq. 

[From  Uie  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  vvas  had  to  me  for  further  particulars,  relative  to  the  union  of 
sixteen  towns  on  thi;  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  bod}^  politic. 

About  two  years  ago,  Col.  .Tohn  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  Gr. 

river  ;  but  was  answered  by  said  committee,  tbat  they  were  not  ac- 
quainted with  the  situation  of  New-Hampshire,  therefore  they  should  do 
nothing-  about  it.^ 

Last  Marcli,  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,  M'hereol  Mr.  Easterbrooks  was  chairman, 
and  moved,  in  belialf  of  the  New-Hampshire  grants  east  of  said  river, 
(as  they  were  pleased  to  style  it)  for  a  union  with  tlie  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  M'hatsoever.  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  rivei')  were  to  be  entirely  excluded  from  connecting  witli 
said  state,  they  would  withdi-aw  from  the  tlien  state  ot  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  olijection  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-nami)shire,  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  i\w  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  tit  to  choose 
a  justice  of  the  peace  ;  and  several  temporary  acts  were  made,  all  to 
stand  until  the  rising  of  the  next  assembly. 

^  Col.  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  Ajjril  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  Gr.  429 

Some  time  in  (he  month  of  August,  Gov.  Chittenden  received  a  letter 
from  the  Hon.  ;^re^:heeh  Weare,  Esq.  jiresident  of  tlie  council  of  Xew 
Hampshire,  shewino-  the  Disapprohalion  of  said  State  to  the  union. 

Sometime  in  SeptemluT,  Col.  Ethan  Allen  was  appointed  to  wait  on 
Congress,  to  see  how  the  ])ulitic>d  state  of  the  state  of  Vermont  wa.s 
viewed  by  Congress  ;  who,  after  the  Assembly  was  formed  in  October 
last,  reported  to  the  lionse,  that  the  members  of  Congress  were  unani- 
mously ojiposed  to  the  union  of  the  sixteen  t(nvns,  otherwise  they  had 
none  of  them  any  objection  to  the  state  of  Vermonfs  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  division^i  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  da\%  signed  by  twenty- 
seven  members  of  the  council  and  asstmbly,  (both  the  votes  and  dissent 
I  have  delivered  to  the  Hon.  Council  [of  New-Hampshire.])  The  gen- 
eral assembly  tlien  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  cre(lil)ly  informed  l)y  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  slate,  shall  be  annexed  to  the  County  of  Cumber- 
land ; — passed  in  the  negative.' 

By  several  tiying  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  honour,  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  represent ative.s.  Hence  Gov.  Chittenden 
wrote  to  President  Weare  that  the  decision  was  adverse  to  the  union  "  for 
the  time  being." 


430  Appendix  Gr. 

towns,  in  the  vicinity  of  Connecticut  river,  to  send  delegates.*  This 
convention  met  at  Cornish,  in  the  state  of  New-Hampshire,  on  thp  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  ap])ointment  of  a  court 
of  commissioners  of  disinterested,  judicious  men,  of  the  three  other 
New-England  states,  to  hear  and  determine  the  dis]nite. 

Or,  3.  That  the  whole  dispute  Avith  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  Yer- 
mont  dissolved  the  union  ;  as  will  appear  b}-  the  following  extract 
from  the  journal  of  their  proceedings.^ 

In  General  Assembly,  February  i2th,  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,  Besolved,  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  di-aught  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 

^  Slade's  State  Papers. 

'Williams's  History. 


Appendix  Gr.  431 

with   this  state,  order?  were  issued  by  the  assembly  to  the   representa- 
tives' constituents,  for  instructions  in  llie  premises  : 

And  whereas,  in  consequence  of  such  instructions,  the  representatives 
of  said  constituents,  when  nut,  at  their  adjourned  session,  at  Benninjjj- 
ton,  on  the  eleventh  day  of  June  last,  did  receive  into  union  with  said 
slate,  sixteen  towns,  east  of  said  Connecticut  river,  and  grant  leave  for 
other  towns  to  unite,  if  tliey  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  Ilououralile  Council  of  the  state  of  New- 
Hampshire,  dated  Aug.  22d,  1778  : 

And  whereas,  the  general  assemljly  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 
dis])ute  with  New-Hampshire  ;  nevertheless,  the  measures  to  be  pursued 
to  etiect  Those  methods,  wei-e  rendered  impracticable  by  the  members, 
east  of  said  river,  withdrawing  themselves  from  the  house,  in  an  unaon- 
stitutioual  manner,  and  forming  a  convention,  in  direct  violation  of  the 
most  solemn  oaths  and  obligations  into  which  they  had  entered,  declar- 
ing tliemselves  discharged  from  an}'  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  i)resented  by  Ira  Allen  to 
the  President  and  Council  of  New-Hampshire  on  the  20th  of  March  fol- 
lovvins;. 


Ethan  Allen  to  the  President  of  New-Hampshire. 

[Fnim  tlie  Ethan  Allen  Mss.  Papers,  p   279.] 

Bennington,  March  the  4"'  day  1779. 
^'ir,— The  Union  which  lm|wlitically  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  Octtober  last  at  Windsor,  has  at  our  late  session 
at  Bennington,  been  in  the  fullest  and  nmst  E.xplicit  manner  Dissolved  ; 
and  that  without  a  dissenting  vote.  And  as  the  Laws  of  this  State  are 
nearly  ready  for  the  i)ress,  and  will  soon  be  promulgated  among  the 
People,  after  which  this  Government  will  exert  itself  to  (Juiet  the  Schism 
on  this  Side  of  ihe  River.  I  ho])e  your  Government  will  vigorously  exert 
their  authoritv  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  coulident  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  Gr. 

This  matter  I  submit  to  your  better  Judgment,  and  remain  with  Due 
Respects  Your  Honours  Most 

Obedient  and  HiimWe  Serv*-  Ethan  Allen. 

flon*'«-  Ifesliech  Weare,  Esq. 


An  Account  of  the  Proceedings  of  New-Hampshire.     By   Ira   Allen, 
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,  1  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  19*''  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  Bai- 
ley [Gen.  Jacob  Bayley  of  iSTewbury]  and  Mr.  [Davenport]  Phelps  were 
to  have  a  hearing  before  both  houses  on  the  afternoon  of  the  2.'3d,  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.  Bailey  and  Mr.  Phelps,  I  was  excited  to  publish  a  hand-bill  on  the 
22*^' some  of  which  I  herewith  exhibit.  The  befoi-e  named  gentlemen 
not  arriving,  on  the  25tli  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.  T  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.  Bailey  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  Bepresentatices  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  ISTew-York  and  New-Hampshire;  to  which  decree, 


Appendix  G.  433 

the  inhabitants  of  said  grants  w:n-e  then,  and  have,  ever  siuee,  l)ei'n 
averse  ;  as  thej'  were,  tliereby,  deprived  of  privilci^ft's  whieh  they,  of 
ri2;ht,  claimed,  and  in  tli(>ir  settlement,  reasonably  expected,  within  the 
Jurisdiction  of  New-Hampshire. — That  the  inhabitants  afort'said,  sin(;e 
the  declaration  of  inde])endonce,  view  theniselvi's  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-ITampsliirc  That 
the  representatives  of  the  people,  in  assembly,  on  the  20lh  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  dratted  by  said  committee. — Also,  that  otfers  be  made  to  the  state  of 
Xew-IIampshire.  either  to  settle  a  boundary  line  between  said  Xew- 
llampshire  and  the  grants,  by  a  committee  mutually  chosen,  or  in  such 
way  as  Congress  may  point  (Uit:  or  to  make  an  offer  of  the  whole  of  said 
grants  to  New-IIampshire. 

That  on  the  9th  da}'  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  tin-  whole 
of  said  grants  be  connected  and  confederated  with  said  state  of  New- 
Hampshire,  receiving  and  enjoying  equal  privileges  and  iinnuinities  with 
the  good  peoiile  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  assemblv 
of  the  state  of  New-Hampshire,  at  their  session  in  March,  1779. 

(Attest.)  Noah  Emery,  Clk.  D.  [77.]  R. 

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  otiierwise,  as 
the)^  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-II;mipshire  upon  the  i)lan 
of  government,  inclusive  of  extent  of  territory,  ihat  we  unite  with  them, 
and  become  with  them  one  entire  state,  rejecting  the  arbitrarv  line 
drawn  on  the  western  bank  of  Connecticut  river,  by  the  King  of  Great- 
Britain,  in  1764." 

'  Called  by  the  Protesting  Members  of  the  Vermont  General  Assembly. 

*  There  were  but  eight  towus  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  he  ohserved,  that  lliere  were  but  eight  towns  on  the  west  side 
of  Connecticut  river  represented  in  said  convention;  yet  Gen.  Bailey* 
had  the  audacity  to  declare  in  said  petition,  that  they  were  duly  author- 
ized by  the  iuhahitanls  of  said  Grants,  to  make  such  an  overture  to  New- 
Hampshiie.  and  that  said  inhabitants  were  in  general  desirous  of  an  un- 
ion with  said  stale. 

But  to  return  to  the  assembly  of  Xew-Hanijjshire.  Gen.  Bailey  and 
Mr.  Pheljis  arrived  in  town  the  evening  nf  the  29tii,  and  on  the  30th  had 
a  bearing  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.  Hoard,  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  estahlished  as  a  stale  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  hank  of  Connecticut  Rivt^r.  Aftei-  a  small  debate  on  the 
re|)ort,  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  b}'  no  means  agreeable  to  me, — and  the  consideration  of  the 
report  was  laid  over  until  afternoon,  when  the  house  resumed  considera- 
tion of  said  rei)orl.  Mi'.  Pbelits  spoke  in  favour  of  said  report,  and  I 
spoke  largel}'  against  it;  in  which  1  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  an}'  claim  to  the  Grants 
west  of  Connecticut  Rivei':  during  which  lime,  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  svvords  in  defence  of  their 
jjersons  and  properties — that  they  had  hitherto  batHed  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,  to  appoint  three  agents  to  wait  on  Congress  as 
often  as'the  nature  of  the  case  might  retiuire,  who  would  be  able  to  give 
seasonable  information,  should  any  ditticully  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 
s(jme  future  day.  And  the  consideiation  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  i'ew  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  Alk'ii's  noti^  :  I  omit  Mr.  Phelps'  name,  as  he  is  an  inhabitant  on  tlie  east  side  of  Connec- 
ticut Kiver. 


Appendix  G.  435 

but  what  are  contained  in  the  fdurlli  ])aragia)>h  of  snid  rfmonstrnnce, 
which  is  in  these  words,  viz. 

4.  That  they  have,  confrarv  to  the  resolve  of  Conijr(>ss.  i)roeec(K'd  to 
confi.scate  man}-  and  large  esUites  belonging  to  persons  called  Tories, 
and  have  disjiosed  of  them  aeeordingly.  and  the  avnils  appropriated  to 
many  frivolous  and  unnecessary  ]nirposes.  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  t(»  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  f>f  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  tb(>  brave 
oflBcers  and  soldiers  who  have  served  in  the  defence  of  this  and  the  United 
States— and  I  have  now  in  my  oftice,  upwards  of  sixteen  thousand  dol- 
lars in  Continental  loan-office  notes. 

T  am  well  informed,  that  several  of  the  members  of  the  grand  council 
of  America,  do  not  hesitate  to  give  it  as  theii'  oi)inions,  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  19i/i  1770.  Ira  At^len. 


Claim  of  New-Hamiishire  to  the  whole  territory  of  Vermont. 

[From  the  Rural  Magazine,  vol.  1,  pp.  •^74-.5.] 

State  of  New-Hampshire. 
In   the   House   of   Representatives,   April   2d.   1770. 

The  committee  on  the  petition  of  Gen.  Bailey  and  A[r.  Phel]>s.  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  honoui'able  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,  hy  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  f-ir  west  as 
the  western  bank  of  Connecticut  River,  and  no  further,  until  the  dis- 
pute is  settled  by  Congress. 

By  order  of  the  majcu'  part  of  the  committee, 

(Signed)  Josiah  Bahtlett,  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 
saifl  {'ommittee  be  received  and  accepted,  or  not  ? — It  passed  in  the  af- 
firmative. 

Sent  up  for  concurrence.  John  Langdon,  Speaker. 

In  Council,  tlie  2.5th  of  June,  1779,  read  and  concurred. 

E.  Thompson,  Sec^y. 


To  THE  Inhabitants  of  the  State  of  VERMONT. 
[By  Ira  Allen.] 

[Fiiniiblu'd  liy  Hon.  .Jame?  H.  Piieli'S  of  West  Townshend.J 

Fp.iends  and  Felloav-Citizens, -Pursuant  to  appointment  by  the 
Legislature  and  Instructions  from  the  Governor  and  Council  of  this 
State,  1  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  .Tune,  the  Committee 
met  in  the  Assembly  Chamber,  and  the  Resolves  of  Congress  of  the  1^* 
and  2'"'  of  June.  res]iectiiig  the  Premises,  and  several  other  Papers 
were  read;  among  which  was  the  Appv)intment  of  Col.  Peter  Olcott.  and 
Beza  Woodward,  Esq;  impowering  them  as  a  Committee  from  the  Com- 
mittee of  the  Cornish  Convention,  to  use  their  [utiuence  with  the  Gen- 
eral Court  of  Ifew  Haiupshire,  to  extend  their  Claim  and  Jurisdiction 
over  the  whole  of  the  JSTew  Hampshire  Grants.  A  Question  Avas  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  f  Answer,  About  twenty-tico  in  the  Whole,  and  about  Half  of  them 
west  of  said,  River.  Said  Cf)miuittee  then  proceeded  to  exhibit  the  Re- 
turns made  on  a  Hand-Bill  formed  by  the  Committee  of  the  Cornish 
Convention,  on  the  23*^  of  April  last,  and  sent  to  the  several  Towns  in 
this  State,  for  the  express  Purpose  of  iretting  the  numbers  of  the  Inhab- 
itants that  were  willing  Neiv  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  thi-o'  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- 
tiffuous  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  Geiitk'inen  were  at  a  Loss  to  deter- 
mine how  many  Towns  were  represented  in  the  Cornish  Convention,  as 
one  was  the  Clerk,  and  both  members  ol'  the  same  :  -  Tliat  tiiere  were 
but  eight  Towns  west  of  the  River  represented  in  said  Convention  : — 
That  the  Town  said  Committee  liad  Reference  to  as  having  one  hundred 
and  twent}-  Families,  was  the  Town  of  Norwich,  in  which  Col.  Olcott 
lived  : — That  I  was  informed  b\'  several  respectable  Gentlemen  of  that 
Vicinit3^  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  Vermm^t ;  othei's  were  tired  of  Town  Meetings,  nnd 
neglected  to  attend  ;  in  all,  thirty-one  Persons  met,  tvventy-seven  for 
New  Hampshire,  and  four  for  Vermont  : — Tliat  I  had  as  good,  if  not  a 
better  Right,  to  count  those  who  did  not  attend  the  Meeting  for  Vermont, 
as  they  for  New  Hanqjshire  :—T\vAt  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  ver}'  c(Uisiderable 
Part  of  Cumberland  County  : — That  in  several  Towns  where  they  had 
Town  Meetings  on  other  Business,  said  Hand-liills  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  Ha}-,  if  any  Gentleman 
desired  it  ;  therefore  they  would  have  nothing  to  do  with  it  :— That  by 
this  open  and  public  Trial,  the}-  had  ])roved  that  Gen.  Bailey,  at  least, 
was  mistaken  when  he  asserted  in  his  Petition  (jjreferred  to  the  General 
Assembl}'  of  Nem  Hampshire,  at  their  Sessions  in  March  last)  That  the 
Inhabitants  of  the  Grants  were  in  General,  desirous  of  an  Union  with 
Neio  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,  consequent!}-  no  Mem- 
ber could  from  thence  attend  ;  and  some  of  the  other  Part  was  thinlv 
settled,  and  several  Towns  joined  to  choose  one  Member  ;  but  in  thai 
Distance,  and  for  more  that  eighty  Miles  more  down  the  River,  thro"  a 
settled  Countr}',  there  w^ere  but  four  Towns  on  the  River  where  they  had 
got  so  much  as  one  Man  to  act  in  favor  of  connecting  with  New  llanq)- 
shire  ;  and  not  so  much  as  one  fourlh  Part  of  the  legal  Voters  in  those 
four  Towns — a  very  small  Minority  indeed  in  Favor  of  connecting  with 
New  Hampjshire. 

I  then  proceeded  to  treat  largely  on  the  fundamental  Arguments,  viz. 
the  Change  of  Jurisdiction  in  1764 — the  Proclamation  issued  by  his  Ex- 
cellency Benniny  Went(cnrth,  Esq;  dated  about  Feb.  1765 — the  Heads  of 
the  Grievances  the  Inhabitants  of  Vermont  have  suifered  from  New  York, 
since  17G4,  to  the  present  Era — Expence  in  sending  Agents  to  Great 
Britain — Neiv  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  l)y  New  York — the  Right  the 
People  had  to  assume  Government,  since  the  jjresent  Revolution — Con- 
stitution and  Code,  of  Laws  established — Otllcers  of  Government,  to- 
gether with  the  Freemen  of  the  State,  sworn  1o  support  the  Constitu- 
tion thereof,  as  established  by  Convention — Letters  from  the  General 
Court  of  the  State  of  Neio  Hampshire^  in  November  Inst,  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  Partof  iVew  Hampshire  : — That  every  Engagement 
on  the  Part  of  Vermont  to  New  Hampshire^  was  fulfilled  ; — That  it  was 


438  Appendix  Cr. 

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  (^laim  to  the  Jurisdiction  ot  the  Whole  of  the 
New-Hampshire  Grants,  to  the  Westward  of  Connecticut  Kiver  ;  never- 
theless, allowing  and  conceding,  that  if  the  Hon.  Continental  Congress 
should  establish  tlie  State  of  Vermont,  that  in  such  case  the  State  of 
New  Kampskire  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  Congi-ess,  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  w^ould  be  exceeding  glad  to  liave  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  Lauds  within  this  State,  which,  if  added  to  New- 
Hampshire,  would  help  them  in  the  heavy  Lift  of  paying  Taxes. — If 
said  Lands  are  a  sutiicient  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  he  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  genei'al  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  Riglits,  in  Opposition  to 
the  undue  Exercise  of  Law,  when  attempted  to  be  exercised  b}^  legal 
Officers  of  Justice  ;  and  when  they  did,  seldom  fiailed  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  Weatlier,  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 
tlie  diabolical  Machinations  of  their  inveterate   Adversaries  for  more 


Appendix  Gr.  430 

than  seven  Years  together.  Can  this  be  accounted  for,  without  acknowl- 
edging the  propitious  A;;enc\'  of  the  Deity  V — In  those  Days,  repeated 
Applications  were  made  to  N'ew-ITdmpshire.  to  exi-rt  herself  to  obtain 
the  Jurisdiction  :igain  ;  but  her  Lanuniige  was  then  ne:irly  similar  to 
that  of  rigliteous  Job  ;  for  it  was  the  King  gave  and  the  King  hath  taken 
away,  and  blessed  be  the  yame  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-Haivpshire  ever  had  a 
Right  of  Jurisdiction  to  the  Westward  of  Connect icut-Kiver,  and  l)y  the 
same  Authority,  in  1704,  the  Jurisdiction  was  curtailed  to  the  West 
Bank  of  said  JRiver  ;  and  the  Assembly  of  said  Province  did  then  ac- 
quiesce therein.  The  Members  thereof  did  publicly  assert  that  tliey  had 
no  Desire  that  their  Province  should  extend  any  farther  than  said  River: 
and  that  thev  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  Neio-York,  and  since  the  present  Revolution  associated  with  them, 
and  assisted  in  forming  a  Constituti<m,  established  Courts,  &c.  the  In- 
habitants would  now  liave  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  -lurisdiction  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  JBondage  which  New-York  had  prepared  for  them  and 
their  Posterity  ;  and  that  the  Right  of  JSfew-Ham^^shire  (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  b\'  Reason  of  Oppres- 
sions from  Great- Britain,  America  revolted  from  her,  and  ])ublislu>d  to 
the  World  a  List  of  Grievances  for  the  Vindication  of  her  Conduct. — In 
like  Manner  the  Inhabitants  of  tlu^  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  Goi)  himself  to  the  People  ; 
therefore,  the  Inhabitants  of  the  now  State  of  Vermont  did  associate  to- 
gether and  assume  to  themselves  that  inestimable  Jilessing  of  Heaven, 
civil  Goverument.  This  they  did  u\)c>n  the  same  grand  original  Basis,  or 
great  Rule  of  eternal  Right,  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  i-evolted  from  Great- 
Britain,  and  assuiued  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  distinfruishi'd  themselves  to  the  World,  as  a  truly  brave  and  ente?'- 
prising  People  ;  and  it  is  conceded  to  by  the  United  Stiites,  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  N^umbers  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  Eight  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  Attainmentof  which  they  have  sufiered 
such  an  uncommon  Share  of  concomitant  Evils. — And  as  1  have  Reason 
to  apprehend  the  Grand  Council  of  America  is  composed  of  as  great 
Patriots  as  any  on  l^arth,  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  ihe  Continent  will  admit; 
therefore  we  need  not  hurry  them.— It  is  an  ancient  Maxim,  thai  Bepre- 
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.  J3y  this  and  other  Proceedures 
of  the  several  States,  they  are  in  Debt.  The  Inhabitants  of  the  respective 
States,  have  received  the  Benefits  of  sucli  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  publicRights  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  Gos))el  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  Sup])ort  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  V — 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  f 

I  am.  Friends  and  Countrymen,  your  obedient  and  ever  faithful  Ser- 
vant, Ira  Allen. 

Norwich,  July  13, 1779. 

/  beg  Leave  to  subjoin  the  following  Cojyy  of  a  Letter  from  the  Hon.  Com- 
mittee of  Congress,  to  the  Committee  of  the  Yorkers  in  the  lotver  Part  of 
Cumberland  County. 

"  Bennington,  June  2'6d,  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  Kew  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  Otflcers,  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.^ 

[Copy  from  the  original  as  priuteJ  by  the  state  printers.    Furnished  by  HON.  James  H.  Phklps, 

of  West  Townshend .  j 


BY  HIS  EXCELLENCY 

THOMAS  CHITTENDEN,  Esq; 

Governor,  Captain  General  and  Commander  in  Chief  in  and  over  the  State 
of    VEEMONT. 

A      PROCLAMATION. 

TJ/HERIlJAS,  sundry  Perseus,  Inhabitants  of  this  State,  foroetting 
''  that  great  Tie  of  Allegiance  that  ought  to  bind  every  Subject  in  a 
faitliful  Obedience  to  that  Power  which  pi-otects  Life,  Liberty  and  For- 
tune—being instigated  partly  through  tlieir  own  mistaken  Notions  of 
Government,  not  i;onsidering  all  Power  originates  from  tlie  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  heiny  deceived,  and  influenced  b}'  cer- 
tain Persons  who  have;  c.'"ept  in  privily  to  spy  out  and  overturn  the  Lib- 
erties of  this  State,  purchased  at  the  dearest  Bate  : — 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  tlie  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  tliat  great  Rule  of  Riglit  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 

*  A  copy  of  what  appears  to  be  the  original  draft  of  this  proclamation 
may  be  found  in  Slade's  State  Papjers,  jjp.  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 

througli  mistaken  ISTotions,  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  : 

THAVE  therefore  thought  tit,  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  OtVender  : — 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  hei'etofore 
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  15"'  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  VEBMONT. 
Given  under  my  Hand  and  Seal  in  the  Council  Chamber  at  Windsor,  on 

the  'M  Dav  of  June  1779,  and  in  the  Third  Year  of  the  Independency 

of  this  and  the  United  States  of  AMERICA. 

Tho's  Chittenden. 
By  His  Excellency's  Command, 

Jonas  Fat,  Sec'ry  P.  T. 

Printed  by  JUDAH-PADOCK  &  ALDEN  SPOONER,  Printers  to 
the  General  Assembly  of  the  State  of  Vermont. 


APPENDIX  I. 


A  yiNDTCATION  or  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  jsy 
ALDEN  SPOONER,  1779,  Printer  to  the  State  of  Vermont. 

[From  tlic  only  copy  ol'  Hit;  original  paniplil*!!  in  tlic  State  Library.] 

fWlHIS  Vindication  is  liumhly  inscribed  to  his  E.rcellency  the  Governor 
-*-  and  the  Hon.  the  Council  of  the  State  o/ Vermont,  by  their  most  obe- 
dient humble  Servant  the  Wi-iter.  If  it  meets  ivith  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  Peojde  on  whose  behalf  it  loas  Wrote. 


State  of  Vermont. 

In  Council,  Arlington,  23(Z  of  Ancpist,  1779. 
JOESOLVED,  That  the  following  Vindication  lie  forthwith  published, 
-^  and  that  a  Niniiber  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. 


A  VINDICATION,  &i:. 

rUE  very  extraordinary  demand  which  the  government  of  the  State 
of  Neiv  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  induceil  the 
government  of  Vermont,  to  publish  to  the  impartial  world,  a  further  vin- 
dication of  the  conduct  of  those  inhabitants  than  liath  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  i,s  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  appeale<l  from  the  decision  of  the  courts,  as  by  law  established 


Appendix  I.  446 

in  the  then  province  of  Xen'-York^  to  arms,  and  had  anounced  to  the 
|)uhli("  flieir  reason  for  so  doing. 

A  SHORT  state  of  the  proi-eedings  of  Ixitli  |)ar(ies  (heing  necessary  to 
eommnnicate  to  tiie  i)uhlic,  in  order  to  tlieir  rightly  determining  the 
nierits  of  such  an  imjjortant  dispute)  is  herewith  given.  And  l.s^.  The 
g<ivernment  of  Nev'-York  obtained  tlie  jurisdiction  of  tlie  contested  ter- 
ritory in  17fi4.  ex-parte  and  contrary  to  the  minds  of  the  original  Gi'an- 
tees  and  Seftkn's  under  JVeir-Jlanq^shire,  and  therefore  ought  to  he  con- 
sidered as  null  and  void  fiom  the  beginning.  And  secondly,  The  nndiu! 
use  and  opjjressive  exercise  which  they  have  ever  since  made  of  the 
power  of  jurisdiction  towards  those  inhabitants,  allho'  their  legal  claim 
of  jurisdiction  was  ever  so  well  gi'ounded,  would  fully  justify  those  in- 
habitants in  their  oi)i)osition  to  thai  government,  and  in  their  assuming 
independence. 

No  sooNEi:  had  the  government  of  Nev-York  obtained  the  jurisdic- 
tion of  these  lauds,  hut  they  presumed  to  re-grant  sundry  large  jjatents, 
interfering  with  prior  grants  from  the  government  of  Neu'-Hmnpshire, 
at  a  time  when  the  Grantees  under  New-Hainpshtre  were  in  full  pos- 
session  of  the  very  lands  re-granted. 

This  rei)rehensible  procedure  (tf  the  government  of  New-York,  laid 
those  inhabitants  under  the  necessity  of  remonstrating  against  that  gov- 
ernment. They  therefore  impowered  Samuel  Hohinson,  Esq.  (then  of 
Bennimjton)  theii'  Agent,  to  lay  the  same  before  the  King  and  privy 
Council,  together  with  a  humble  J\^tition  from  those  inhabitants,  that 
the  jurisdiction  of  those  lands  might  be  restored  to  New-Hamxtshire 
again.  The  consecjuences  of  these  measures  were  favorable  to  the  Gran- 
tees under  N e^D-Humpskire,  and  were  the  means  of  obtaining  the  King's 
express  ])rohibition  to  the  government  of  Neiv-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  grant  most  of  the  prohibited  prem- 
ises: and  further  proceeded  to  oppose  the  authority  of  the  king,  bj^  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  govei-nment,  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  sui)reme  Court  held  at  Albany,  nguimit  sundry 
actual  settlers  who  claimed  the  soil  by  virtue  of  prior  grants  from  Neio- 
Hampshire.  But  most  if  not  all  the  judges  and  attornies,  particularly 
Messrs.  Duane  and  Kern}),  which  attended  the  court,  were  patentees  un- 
der New-York,  and  some  of  them  intrusted  [interested]  in  the  very 
patents,  then  on  trial. 

The  plaintitls  appearing  in  gieat  state  and  magnificence,  which  to- 
gether with  their  junto  of  land-thieves,  made  a  brilliant  appearance; 
but  the  defendants  api)earing  in  but  ordinary  fashion,  having  been 
greatly  fatigued  by  hard  labour  wrought  on  the  disputed  premises,  and 
their  cash  much  exhausted,  made  a  very  disproi)ortionable  figure  at 
court.  In  fine,  interest,  connection  and  grandeur,  being  all  on  one  side, 
easil}'  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  townshij)  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'ou  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  sht-riflf 
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  olAlbany 
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  hoys,  for  the  militia  were  most 
generally  persuaded  that  the  cause  of  those  inhabitants  was  just;  and 
that  the  New-TorTc  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  commonalit}^  of  tlieir  species 
under  pretext  of  law,  justice,  and  good  government.  These  are  their 
horns  of  iron,  and  with  them  they  do  i)ush.  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 
ifriends  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  expi-ess  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  battled  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 

nith  the  whips  vif  tlif  wililcrncps,  the  jjrnwth  of  the    l.ind   wliich  liny 
covotofl. 

Anp  on  tlio  Otli  (lay  of  March,  1774,  tlic  IogisIativt>  anOioiily  of  tlir 
jirovincc  of  Xen-York,  did  i)nss  Iwolve  ai;ls  of  outlawry  airainsl  lliosc 
inhabifanis,  and  tiny  on  thoir  ))ait  jiublishcd  a deckuatiQil  ol'iv  defensive 
\v2j:^igainst  the  ;j;oveinnienl  of  JN'^e/r- V'orA',  on  the  2(ilh  day  o^  April 
fol](»wing  ;  and  extended  theii-  settlements  and  emigrants  fr()m  Nev)- 
England,  inei'eased  their  power,  and  they  hiiilt  fortifications  in  (heir 
frontier  settlements,  against  the  government  o^  Nev'-York,  and  garrison- 
ed tliem,  and  prospered  until  the  late  (jlorions  revolution. 

A  PAETTCi'LAK  history  of  this  eoiitroversy  from  the  commencement 
of  it  down  to  this  a-ra,  having  been  writt(Ui  Ijy  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  thevelbre  needless,  as 
also  too  prolix,  to  give  the  contents  a  place  in  this  ;  and  for  this  reason 
some  memora1)le  ]K\vis  of  it  onl}-  are  subjoined  :  and  to  the  whole  is  add- 
ed as  an  a])pendix,  nine  sections  of  the  same  ;  holding  forth  a  clear  con- 
futation of  a  JHeir-Yorkish  doctrine,  recently  prf)pagatcd,  of  an  antient 
right  of  theirs  to  the  jurisdiction  of  the  territor}'  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  Xe'iv-JTumpshire  Grants  was  conveyed  to  the  gi-antees, 
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  Nev-York. 
should  have  operated  as  a_  linc^of  jurisdiction  only,  and  not  in  any 
measure  to  effect  [affect]  the  property  "oftlie  subject.  Without  the  cori- 
sicleration  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  Nev>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  Neio-York  intei-fering 
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 
controvers}-  with  yew-York,  having  (at  a  great  expence)  been  previous- 
ly submitted  to  the  King  and  privy  council,  by  the  negociafion  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 
l)ower,  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 
ver}'  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  disi)ute.  but  the  stronger  impulses 
of  affection  to  their  country,  excited  them  to  i-esent  its  wi-ongs,  and  ob 
tain  satisfaction  for  the  blood  of  their  massacred  countrymen.  Their 
condition  was  truly  jterplexed  and  critical  :  their  hopes  W'ere  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  Kew-England  governments  from  whom  these  inhabitants  had 
most  generally  emigrated,  weighed  very  heavy  in  their  deliberations  ; 
besides,  the  cause  of  the  country  Avas  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  Avith  their  country  ;  and  furthermore.  Provided  an  accommodation 
should  take  place,  and  the  colonies  return  to  their  former  allegiance, — 
Avhat  Avould  then  become  of  them  or  their  remonstrances  against  the  go\- 
Grnmeni  o{  Netv-Yorli^  lodged  at  the  court  o^  Great-Britain  1  but  this 
danger  seems  to  have  been  luckily  passed  over. 

Soon  after  the  news  of  the  Lexington  l)attle,  the  principal  officers  of 
the  green  mountain  boys,  and  other  jiriiicipal  inhabitants  Avere  convened 
at  Bennington^  and  attempted  to  explore  futurity,  but  it  Avas  found  to  be 
unfathomable,  and  the  scenes  Avhich  have  since  taken  place,  then  ap- 
peared precarious  and  uncertain.  However,  it  was  imagined  that  pro- 
vided those  inhabitants  Avere  loyal  to  their  country,  and  the  event  of  the 
war  should  prove  favorable  to  America,  and  their  struggles  for  liberty 
should  bring  about  a  re\'olution  instead  of  a  rebellion  ;  that  in  this  case 
they  should  rid  themselves  of  the  grievous  usurpation  of  the  government 
oi  New-York,  and  be  entitled  and  readily  admitted  to  any  privileges  which 
could  reasonabl}'  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- 
Aided  the  event  of  the  Avar  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  Avas  therefore  resolved  to  take  an  active  part  with  the 
■country,  and  thereby  annihilate  the  old  quarrel  with  the  government  of 
New-York^'by  swalloAving  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  Avould  resolve  them  to  belong  to  the 
government  of  New-York  ;  or  in  any  manner  countenance  their  betng 
deprived  of  their  liberty  by  subjecting  them  under  the  power  of  a  gov- 
ernment w'hich  they  detest  more  than  that  of  the  British,  which  the)' 
have  manfully  assisted  the  United  States  to  suppress. 

But  the  enemy  having  the  command  of  lake  (Jhamplain  and  the  garri- 
sons contiguous  to  it,  Avas  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  ?ind  Crown-Point,  with 
the  armed  vessel  in  the  lake,  and  gain  the  command  of  that  important 
pass  ;  in  as  much  as  such  an  event  Avould  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  foi"  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  auA'  attack  short  of  a  regular  siege,  for  which,  at 
that  time,  the  country  Avere  very  deficient  in  the  articles  of  artillerj^,  &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  Avas  done  without  loss  of  time. 


Appevdix  I.  440 

During  near  two  years  in  the  first  of  the  war  with  Britain,  the  iiiiiah 
itants  of  these  contested  lands  1,'overned  themselves,  and  niana<itil 
their  internal  jiolioe  nnder  the  direction  of  comniittccs  and  conven- 
tions, as  they  had  done  from  the  commencenu-nt  of  their  ctnitroversy 
with  the  government  of  yew-York,  w  small  nuinl)er  of  the  inhahitants 
excepted,  who  ar(>  situate  in  the  southeast  corner  of  (Urmbrrlainl  connty, 
who  adhere  to  the  ijovernment  last  mcntinned,  ;ind  ;ire  part  >>\'  ihein 
Tories. 

On  the  loth  day  of  Jannnry  1777.  liu.'  iuhaltilanls  of  the  .Xcn-lfnniji 
shire  Grants  to  the  westward  of  (Jonnecticnf-v'wv.w  at  a  general  conven- 
tion, abrogated  their  former  modes  of  government,  viz.  h\  committees 
and  conventions,  and  declared  themselves  a  fhkk  and  Indkpi-.ndknt 
State,  and  have  formed  their  constitution  and  mod(>  of  government, 
elected  their  otlicers  both  civil  and  military  ;  and  made  and  established 
a  code  of  laws  for  the  future  government  of  the  State  And  in  conse- 
(juence  of  their  frontier  situation  have  betui  invaded  by  Briltms.  Hes- 
sians, Savages,  and  more  savauc  Tm-if  s  ;  and  have  (as  they  huinl)ly  con- 
ceive) in  their  various  struggles  tor  liberty,  fairly  merited  the  inestinia- 
able  enjoyment  of  it.  This  they  consider  as  the  nltinjate  reward  of 
their  many  expensive  toils,  battles,  and  hazards  ;  and  for  the  attainment 
of  which,  the}-  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 
Neiv-York.  issued  his  proclamation,  which  is  here  transcribed,  with  the 
answer  to  the  same,  which  was  published  in  Anxjast  following. 


"  By  his  Excellency  George  Clinton,  Esq;  Goveinor  of  the  State  of 
^eio-York.,  General  of  all  the  Militia,  and  Admiral  of  the  Navy  of 
the  .same. 

A  F  R  O  C  L  A  M  A  T  1  O  N. 

J  ,,  Whereas  the  Senate  and  Assembly  of  this  state,  <lid,  by  their 
several  resolutions,  passed  the  twenty-first  day  of  this  instant 
month  of  jPe&ruar?/,  declare  and  resolve.  That  the  disalfection  of  many 
persons,  inhabiting  the  north  eastei-n  i)arts  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,  jiartly  by  the  issuing  of  divers 
interfering  patents  or  grants,  by  the  res})ective  governments  of  Neio- 
York,  on  the  one  part,  and  those  of  Massachusetts-Bay  and  Neu--Hamp- 
shire,  on  the  other,  antecedent  to  the  late  establishment  of  the  eastern 
boundary  of  this  state  ;  partly  by  an  higher  (juit-rent  reserved  on  the 
said  lands,  when  re-granted  under  Xeiv-York.  than  were  reserved  in  the 
original  grants  under  X en- Hampshire  oi"  Massachusetts-Bay,  and  the 
exorbitant  fees  of  otiice  accruing  thereon  ;  and  partly  by  a  nundter  of 
grants  made  by  the  late  government  of  Xeio-York,  after  the  estab- 
lishment of  the  said  eastern  boundary,  for  lands  which  had  i)een  before 
granted  by  the  governments  of  Xeu> Hampshire  and  Massachusetts- Hay, 
respectively,  or  one  of  them  ;  in  which  last  mentioned  grants  by  the  late 
government  o{  Xew-York,  the  interest  of  tlie  seivants  <if  the  crown, 
and  of  new  adventurers,  was,  in  many  instances,  contrary  to  justice  and 
policy,  preferred  t(j  the  equitable  claims  for  eonlirmation,  of  those  who 
had  patented  the  lands  under  New-Hampshire  or  Massachusetts-Bay  : — 


450  Appendix  I. 

That  the  aforesaid  disaffection  has  been  s''efi<^ly  increased,  by  an  act 
passed  by  tlie  legislature  ot  the  late  colony  of  /V"e»'-  Yorl'.,  on  the  ninth 
day  of  March,  in  the  year  of  our  Lord,  one  thousand  soven  hundred  and 
seventy  four,  enlitled  "An  Act  for  pi-cnenting  tumidtous  and  riotous  as- 
semblies in  the  places  therein  mentioned,  and  for  the  more  spee<ly  ami 
effectual  punishing  the  rioters:" — That  many  of  the  aforesaid  disafljected 
persons,  though  luijustitiable  in  their  opposition  to  the  authority  of  this 
stJite,  labour  under  grievances,  arising  from  the  causes  al)ove  mentioned, 
which  in  some  measure,  extenuate  their  offence,  and  which  ought  to  be 
redressed  : — 

'  That,  therefoi'e,  the  hegislalure  of  this  state,  while  (ni  the  one  hand, 
they  vvill  vigorously  maintain  their  rightful  supremacy  over  the  persons 
and  projjerty  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 
jirosecutions,  penalties  and  forfeitures,  under  the  above-mentioned  act, 
shall  be  an  established  preliminary  to  such  overtures  ;  whicli  overtures 
are  as  follows,  viz. 

1st.  That  all  persons  actually  possessing  and  improving  lands,  by 
title  under  grants  from  JS^ew- Hampshire  or  Massachusetts-Bay,  and  not 
granted  under  JS'^ew-  York,  shall  be  confirmed  in  their  respective  posses- 
sions. 

'2d.  That  all  persons  actually  possessing  and  impi-oving  lands,  not 
granted  by  either  of  the  three  governments,  shall  be  confirmed  in  their 
res])ective  possessions,  together  with  such  additional  quantity  of  vacant 
land,  lying  contiguous  to  each  resi)ective  possession,  as  may  he  neces- 
sary to  form  the  same  into  a  convenient  farm  ;  so  as  the  quantity  to  be 
conlirmed  to  each  respective  person,  including  his  possession,  shall  not 
exceed  three  hundred  acres. 

3d.  That  where'  lands  have  heretofore  been  granted  by  JS^ew-Hamp- 
shire  and  Massachusetts-Bay.,  or  either  of  them,  and  actually  possessed 
in  consequence  thereof,  and  being  so  possessed,  were  afterwards,  gi-anted 
by  JVeio-York,  such  possessions  shall  be  confirmed  ;  the  posterior  grant 
under  JSfew-York,  notwithstanding. 

Provided  ahvays.,  That  nothing  in  the  above  regulations  contained, 
shall  be  construed  to  determine  any  question  of  title  or  possession,  that 
may  arise  between  ditierent  persons  claiming  under  Xew-Hampshire 
or  Massachusetts-Bay ,  or  between  persons  claiming  under  Nevj-Hamp- 
shire  on  the  one,  and  under  Massachusetts- Bay  on  the  other  part,  inde- 
pendent of  any  right  or  claim  under  JSfew-York. 

4tii.  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,  vvith- 
oTit  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  live  pounds  for 
a  grant  or  confirmation  of  three  hundred  acres  or  under  ;  and  for  eveiy 
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  grauts  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,  f  jr  lands  here- 


Appendix  I.  451 

tofore  granted  by  Kew- Hamjjshire  or  Massachusetts-Bay,  Ihe  same  quit- 
rent  only  shall  be  reserved,  which  was  reserved  in  the  original  grants 
under  New-Hampshire  «ir  Massachnsetts-Bay. 

7th.  That  where  lands,  heretofore  granted  by  N en'-Hampshire ^)r  Mas- 
sachusetts-Bay. have  been,  since,  eonfirnied  to  such  grantees  b}-  new 
grants  under  J\'e?'> I'orA:,  the  ([uit-rents  on  such  lands,  shall  be  reduce<l 
to  what  they  were  in  the  original  irrants.  under  Xeir-Jfrnnjishi re  in-  Mas- 
sachusetts-Bay. 

8th.  That,  in  order  to  encourage   the  settlement    of  the  aforesaid  dis- 
puted lands,  in  a  peaceful  subieclion  to  the  authority  and  jurisdiction  of 
this  state,  and  also  of  all  other  lands  held  within  and   under  this  stale, 
the  following  commutation  for  the  quit-rents,  shall  be  allowed,  viz  :- 
That,  on  payment,  at  the  rate  of  two  shillings  and  six  ])ence,  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  (juantity  of  grain,  or  other  conniiodity,  reserved  for  such  quit-rent,  ^f 
the  same  shall  thence  forward  be  utter!}-  discharged,  and  for  ever  cease    „  - 
and  be  extinguished.  K       '      '• 

That  these  overtures  should  be  ottered  with  a  view,  not  only  tn  induce.  O-t^.^^  J_^ 
the  aforesaid  discontented  inhabitants  of  the  counties  of /l^ftr//;//,  r/jar-  ..  'J^y- 
lotte,  Cuviberland  and    G/o!(ce.sto\  to  return  to  a  lawful  and   rightful  obe-  JOi 

dience  to  the  authority  and  jurisdiction  of  this  slate  ;  but  also  in  favoi-  "       ^ 

of  all  others  whom  the  same  may  concern  ;  and  to  be  of  no  avail  to  any 
person  or  persons  whatsoevei',  who  shall,  aftei-  the  first  day  of  May  next, 
yield  or  ackuoAvledge.  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  al!  pei'sons,  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  3^ew-ForA-,  pledged  to 
such  person  and  persons  for  the  jnirpose. 

That  the  several  branches  of  the  legislature  of  the  state  oi'  New- York . 
will  concur  in  the  necessary  measures  for  jjrotecting  the  loyal  inhai)i- 
tants  of  this  state,  residing  in  the  counties  of  Albany.  Charlotte.  Cumber- 
land and  Gloucester,  in  their  persons  and  estates,  and  for  com])elling  all 
persons,  residing  within  this  state,  and  refusing  obedience  to  the  gov- 
ernment and  legislature  thereof,  to  yield  that  obedience  and  allegiance, 
which,_byjag-and  ofxiglit,  they  owe  to  this  state.    *■"'',-►      '    ,.■  "• 

AndwTiereas,  The  said  Senate  and  Assembly  of  this  state  of  New- York, 
have  also,  b}'  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  ])eoi)le  of  the  state  of  NeiiyYork,  to  take  due  notice 
thereof,  at  their  peril,  and  govern  themselves  accordingly  : 

1  DO  THEREFORE  hereby,  in  the  yiamc  of  the  people  of  the  state  of 
.Ve";-l'o7'A-,  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,  uiatter  and  thing  ibeiein  recited  and 
contained,  and  to  govern  themselves  accoi-dingly. 

Given  under  my  Hand,  and  the  privy  se(d  of  the  State  of  New- York. 
at  Poughkeejjsie,  in  the  County  of  Dutchess,  the  Twenty-Third  Day  of 
February,  in  the  Year  of  our  Lord,  One  thousand,  Seren  Hundred  and 
Seventy-Eight. 

GEO.  CLINTON. 
GOD  SAVE  THE  PEOPLE. 


452  Appendix  I. 

[Ethan  Allen's  Reply  to  the  eoregoing  P«oclamatton.] 

This  proclamation,  after  nifntioiiing  a  flisaftectiou  of  many  persons, 
inhal)itinir  the  noi-tli-east  |)arts  of  the  county  of  Albany,  and  certain 
parts  of  the  counties  of  Charlotte,  Cumberland  and  (Uoucester,  proceeds 
to  atlirm  that  these  tracts  of  country  were  clearly  included  witliin  the 
;incient,  original,  true,  and  latidv  established  hounds  ol'tho  state  of  JV€»;- 
Vork. 

That-  many,  nay,  almost  the  whole  of  the  inhabitants  in  those  counties, 
alias  the  state  of  Vermont,  are  disatfected  to  the  government  f)f  Neic- 
Yorl\  will  not  l)e  disputed.  This  is  a  fact.  But  it  is  not  a  fact,  that  the 
ancient,  original  and  tiaie  bounds  of  New-York,  included  those  lands. 
The  tifst  intimation  tliat  ever  saluted  the  ears  of  the  public,  asserting 
this  doctrine,  was,  from  a  proclamation  of  governor  Tr?/ou's,  dated  the 
Uth  day  of  December,  1771,  which  liegins  thus  :  ■•'  Whereas,  it  is  the  an- 
"  cient  and  incontestible  right  of  this  colony,  to  extend  to  Connecticnt 
'*  river,  as  its  eastern  boundary."  This  assertion  hath  been  answered,  at 
large,  in  my  Treatise  on  the  Conduct  of  this  Government,  towards  the 
NetoHahrpshire  Settlers;  to  which  I  refer  the  reader,  and  at  present  ob- 
serve, that  as  the  (]uoted  assertions  in  these  proclamations,  are  wholly 
without  foundation,  they  need  only  to  be  as  positively  denied  as  they  arc 
.  asserted.  The  fact  is,  that  tlie  tract  of  land,  which  now  comprehends 
0- Si,  the  state  of  Vermont,  was,  universally,  known  to  be  in  the  government 

^  [  of  New-Hampshire.     Thus   it  was    placed  l)y  all   Geographers  in   their 

ir      I  maps,  'till  the  yeai-  17(i4.  when  the  now^  English  King,  for  certain  political 
^vfl  /  reasons,  which  1  shall  mention,  extended  the  jurisdiction  of  Xeir-York 

Ic*^*^  0  I  over  the  premises,  by  his  special  royal  authority.  At  the  time  of  the  al- 
L  teration  of  this  jurisdiction,  jealousies  had  fir'd  the  minds  of  king  and 
|)arliament  against  the  growth  and  rising  power  of  America,  and  at  this 
time,  they  began  to  advance  men  and  governments  into  power,  with  a 
l)olitical  design  to  crush  tlie  liberties  ot  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,  G  r  eat- Br  Hair  o  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.  A 
well  concerted  i)lan  :  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^ 
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. 

As  to  the  ads  of  outlawry,  mentioned  in  the  proclamation,  they  died 
a  natural  death,  the  first  day  of  January,  177(5,  as  may  be  seen  from  the 
i?ct  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  tliase' old  lifeless  acts.  Nor  do  I  conceive,  that  the  jjresent  legisla- 
ture of  the  state  of  New-York  have  laid  them  under  any  obligation,  in 
granting  them  a  i)ardon.  It  was  a  matter  which  formei'iy  respected  gov- 
ernor Tryon.  the  old  Legislature  o\'  Neir-Y'>rk,  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  alf  ])enalties  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  dei)ravity  of  that  legislative 
hod}-  which  enacted  them.  In  the  lifetime  of  this  ad,  T  was  calh-d  l»y 
the_  rorI:e.rs  an  outlaw,  and  afterwards,  by  the  British,  was  called  a 
rehel.;  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  ])ardon  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  othei-  :  and 
it  is  well  known,  T  have  had  great  experience  with  tliem  both. 

Next,  I  propose  to  consider  that  part  of  the  proclamation,  called  ovei-- 
tures,  which  are  contained  in  the  three  first  articles.  Article  1st.  ''  Thai 
"all  persons,  actually  ])0ssessing  and  improving  lands,  by  title  under 
"  grants  from  JSreir-Hampshire  or  Massachitsetts-Bay,  and  iu)t  granted  un- 
"  der  Xeir-  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  Xeir- 
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  su(;h  addi- 
"  tional  quantity  of  vacant  land,  lying  contiguous  to  each  respective  pos- 
"  session,  as  ma}^  be  necessary  to  form  the  same  into  a  convenient  farm. 
''  so  as  the  (juantity  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  veiy  few  instances  ;  inasmuch  as  all,  or  in  a  man- 
ner, all  the  possessions  spoken  of,  were  first  granted  by  Xeir-Uauipshire, 
except  some  few  which  were  granted  by  Massachusetts-Bay  ;  and  then, 
lastly,  almost  the  whole  of  those  possessions  were  re-granted  by  Xew- 
Vork.  This  being  the  case,  what  has  been  hitherto  jiroposed,  does  not 
reach  the  essence  of  the  controversy,  as  the  New-  Vorkers  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, 

"  That  where  lands  have  been  heretofoie  granted  by  New-Hatnijshirf 
"  and  Massachusetts-Bay,  or  either  of  them,  and  actually  possessed  in 
•'  consequence  thereof,  and  being  so  jiossessed,  were  afterwards  granted 
"  by  A'e»-  York;  such  possession  shall  be  confirmed,  -file  jiosterior  grant 
"  under  Neic-  York,  notwrtlistanding." 

Though  it  is  absolutt;ly  out  of  the  power  of  the  said  legislative  author- 
ity, to  confirm  the  possessions  mentioned;  yet,  to  discover  their  want  of 
generosity  in  their  pnjposal,  I  shall,  in  the  lirst  place,  consider  what  a 
tririing  proportion  of  tiiose  possessions  could  be  confirmed  upon  theii' 
own  stating,  inasmuch  as  the  conlirming  clause  in  the  article,  only  con- 
firms the  possessor,  who  being  so  possessed  at  the  time  that  the  \eir- 
York  gi'ant  was  laid  ;  and  has  no  resi)ect  to  any  atlditional  possession 
carried  on  after  tlu;  gran'  took  place.  The  identical  words  are,  "And 
being  so  possessed,  were  afterwards  granted  by  .Veto-  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- 


H^ 


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  j^few-York,  must  be  lost  to  the  possessor,  and  fall  into 
the  hands  of  the  JSfew-York  grantees,  with  all  other  uncultivated  lands 
in  the  state  :  and  all  our  pui'chases  of  those  lauds  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  an}'  person  may  be  supposed  to  be,  who 
purchaseth  a  farm  of  land  of  me  by  deed  of  conve3'ance  ;  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  destro}'  the  very  nature  and  existance  of  personal  propert}', 
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 
f  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,  ag  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  Ihoni.  The  main 
inducement  I  had  in  answeriny-  them  was,  to  draw  a  full  and  convinciuL!: 
proof  from  the  same,  that  thi-  sliortest.  hest,  and  most  eligible,  I  had  al- 
most said,  tlie  only  i)Ossible,  way  of  vacating  those  .Vevo-l'orA;  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  Neic-Yorh  scheme,  which  may  be  calculated  for  oui- 
ruin  ;  makes  us  free  men,  confirms  our  property,  ''and  i)uts  it  fairly  in 
our  power  to  help  ourselves'"  to  the  enjoyment  of  the  great  blessings  of 
a  free,  uncorrupted  and  virtuous  civil  goverunicut. 
Bennington,  August  0,  1778. 

On  the  31st  day  of  October  1778,  the  Senate  and  Assembly  of  the  state 
of  Ne;ii)-York,  l)revailed  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. 

J  ,,  Whereas  the  Senate  and  Assembly  of  tliis  State,  did  by  con- 
■  ■  current  resolutions,  passed  tlie  2Ist  da}'  of  February  last,  pro- 
pose eertain  overtures  with  res))ect  to  the  ct)ntrov(>i-ted  lands,  in  the 
north  eastern  parts  of  the  county  of  Albany,  and  certain  parts  of  the 
counties  of  Cumberland,  Charlotte  and  Gloucester,  in  ordt;r  to  quiet  the 
disorders  prevailing  in  that  part  of  the  state. 

And  whereas  the  said  resolutions  have  l)een  misrepresented  by 
some,  and  misunderstood  by  others,  and  are  deenu'd  not  to  apply  to  the 
cases  of  mauj^  persons  entitled  to  relief;  b}'  reason  wliei'eof  aijprehen- 
sions  still  remain  on  the  minds  of  many  of  the  inhabitants  in  that  i)art 
of  the  state,  and  tliey  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  eliectually  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 b(.'en  granted  by  the  governments  of  JVeic-Hdnijisliire  or  Massachu- 
setts-Bay, and  have  not  been  since  granted  by  tlie  government  of  Xea- 
York  ;  that  all  such  grants,  under  New-lla)npshire  or  Massachusetls- 
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  impossil)le  to  establish  any  general  principle  foi- 
the  determination  of  all  disjjutes,  tliat  may  arise  between  })ersons  claim- 
ing under  Neto-Hampshire  or  Massachusetts-Bay,  on  the  one,  and  New- 
York  on  the  other  part,  l)ut  each  case  nuist  be  determined  according  to 
its  particular  merits. 

Resolved  therefore.  That  in  all  cases  of  disputes,  arising  between 
persons  claiming  under  New-Hampshire  dv Massachusetts-Bay  on  the  one 
and  New-York  on  the  other  part,  for  the  same  lands,  (besides  confirming 
such  possessions  as  were  made  undei-  New-Hampshire  or  Massachusetts- 
Bay,  prior  to  any  grants  for  the  same  under  New-York)  tlie  legislature 


456      '  f ";)  Appendix  1. 

i/*]P^     ]        ""'wifl  submit  the  determinalion  thereof,  to  such  persons  as  the  Congress 
,     .   ,'  '    r      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. 

Providkd  always,  That  nothing  in  these  overtures  contained,  shall 
^  Q  deprive  any  pei-sons  aclually  possessing  lands  under  iVe?i)- For/c,.  of  the 

^    ^  lands  so  by"^them  severally  actually  possessed:  but  such  persons  shall  be 

^  j  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 
'V*^  arise  between  any  person  iiide[)endent  of  a  claim  under  New-Hampshire 

^^^-^  '  Ki.-^l  or  Massachusetts-Bay,  on  the  one,  and  Neiv  York  on  the  other  part. 
^/     y  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  slate  since  the  first  day  of  May  last. 

Provided,  That  no  person  shall  be  entitled  to  such  benefit,  who  shall 
have  committed  (reason  against  the  state,  by  adhering  to  the  king  of 
Great-Britain. 

And  avhereas  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  ]jn)clamation,  to  pledge  the  faith  ot  the  legisla- 
ture of  this  state,  for  the  faithful  performance  of  the  several  matters 
contained  in  their  said  concurrent  resolutions, 

NOW  THEREFORE,  J  do  by  these ]j resent,  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  ])ersons  concerned,  to  take  notice 
thereof,  and  govei-n  themselves  accordingly. 

Oivenunder  my  Hand  and  the  Privy  ISeal  of  said  State,  a^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. 

GEORGE  CLINTON. 
By  His  Excellency's  Command, 

Stephen  Lush,  P.  Sec'ry. 

GOD  save  the  PEOPLE.'' 


It  is  appiehended  that  what  has  been  already  animadverted  on  the 
first  of  these  proclamations,  amounts  to  a  clear  refutation  of  the  essen- 
tial i)arts  of  Ijoth;  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  tixpedient,  to  make  some  additional  observations  on 
the  first  of  ihem,  with  a  full  answer  to  the  latter.  Inasmuch  as  the  lead- 
ing gentlemen  of  the  government  ot'jYeu-  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  ]iroclamation  begins  with  an  air  of  penitence, 
pointing  out  a  number  of  grievances,  which  he  admits  those  inliabitants 
"have  laboured  under,  wiiicli,  in  Sf»mo  measure,  extenuate  their  ottence, 
"and  which  ought  to  be  redressed."  Tiiis  then  is  the  point  at  issue, 
whether  these  overtures  are  calculated  for  that  purpose,  or  are  adequate 
to  it,  or  not :  or  whether  the}-  were  not  rather  calculated  If)  deceive  and 
insnare  the  people  to  whom  they  were  made. 

"That  the  said  contest  was  occasioneii,  parti}'  l)y  the  issuing  of  divers 
''interfering  palejits  or  grants,  by  the  respective  governments  of  Ntw- 
"  l^orfc,  on  the  one  part,  ami  those  of  Massachusetts- Jiai/  and  Xew-IIamp- 
"  s/wre,  on  the  other,  antecedent  to  the  late  establishment  of  the  eastern 
'•  boundary  of  this  state."' 

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  1()8S,-  which  is  sup- 
posed to  extend  into  the  township  of  Pownal,  and  include  live  or  six 
thousand  acres  of  land  in  said  town,  which  is  situate  in  the  southwest 
corner  of  the  state  of  Vermo7it  :  and  also  the  patent  of  Wallumscock,  in 
1739,  is  said  to  interfere  with  the  townships  of  ISIiaftsbury  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  boundaiy,  which 
had  been  granted  by  the  governmeuts  of  New-Ham2)shire  and  Massachu- 
setts-Bay respectively,  or  one  of  them;  in  which  the  last  mentioned 
grants  by  the  late  government  of  JVeio-Foj-A;,  the  interest  of  the  servants 
of  the  crown,  and  of  new  adventurers,  was,  in  many  instances,  contrary  u^  Cb 
to  justice  and  policy,  preferred  to  the  equitable  claims  for  conlirmation 
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. 

TilE  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  novv  state  of  Vermont.  Previous  to 
tliese  grants  under  New-Hampshire,  the  goAernment  of  the  Massachu- 
setts-Bay had  granted  sunflry  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. 

*  Printed  17G5  in  the  text,  but  corrected  in  the  margin. 
31 


458  Appendix  I. 

No  sooner  had  the  government  oi'  New-Yorh  ohtaincd  jurisdiction  of  the 
said  territory,  but  they  proceeded  to  re-grant  the  lands  aforesaid  to  new 
adventurers,  in  ]irejudice  to  the  grantees  and  actual  settlers  under  New- 
Hampshire  iiud  Massachusetts-Bay :  but  remonstrances  from  them  against 
the  oppressions  of  the  government  of  iVew-l^orA:,  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, 

Ar6h  Bishop  of  Canterbury,  Earl  of  Shelburn, 

Lord  Chancellor,  Viscount  Falmouth, 

Duke  of  Queenshury,  Viscomit  Barrington, 

Duke  of  Ancestor,  Viscount  Clarke, 

Lord  Chamberlain,  Bishop  of  lyondon. 

Earl  of  Litchfield,  Mr.  Secretary  (Jomvay, 

Earl  of  Bristol,  Hans  Stanley,  Esq. 

"His  Majesty  having  taken  the  said  report,  ?n'z.  A  report  of- the  Lords 
of  the  Board  of  Trade,  into  consideration,  was  pleased  with  the  advice  of 
his  privy  council,  to  ajjprove  thereof,  and  dothliereby  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,  ])resume  to  make  any  grant  whatso- 
ever, of  any  part  of  the  lands  descril)ed  in  the  said  report,  until  his  Maj- 
esty's further  pleasure  should  be  known  concerning  the  same. 

Williayn  Sharp. 
A  true  copy. 
Attest    GEO.  BANYAR,  Dep.  Sec'y.'' 

The  government  of  Neic-York.  in  the  fiic^  of  this  prohibition,  presum- 
ed still  to  regi'ant  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-rivGr,  which,  on  condition  of  surrendering  to 
them  the  original  charters  under  New-Hamjjshire,  were  at  the  exorbitant 
fees  of  two  ihousand  and  three  hundred  Spanish  milled  dollars  per  each 
township  granted  to  the  original  grantees  undei-  Nero-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  Irom 
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  foi-ce  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  Neio-York  were  making  to  the 
citizens  of  Vermont.  It  seems  they  expected  that  this  would  be  consid- 
ered as  an  eminent  display  of  their  jjoodness,  and  pave  the  way  for  their 
overtures  which  were  equally  empty  and  impertinent — the  preliminary 


Appendix  I.  459 

containing  no  pardon,  and  the  overtui-os  cf)n(irmed  no  lands;  as  the  argu- 
nu'nls  jireviously  published,  and  in  this  defence  again  exhibitted,  will 
clearly  evince,  to  which  the  reader  is  referred. 

"That  with  resjiect  to  all  such  cases  conceniing  the  aforesaid  contro- 
verted lands,  as  cannot  be  decided  by  the  lules  exhibitted  in  the  aforego- 
ing articles,  or  some  or  one  of  them;  tlu'  legislature  of  IIk;  state  of  Neio- 
York  will  provide  for  the  determination  of  Ihe  same,  according  to  the 
rules  of  justice  and  equity  arising  out  of  such  cases  respectively,  without 
adliering  to  the  strict  rules  of  law.'" — [(^)u(ited  from  Gov.  Clinton's  procla- 
mation of  Fell.  23,  1778.] 

Fkom  fifteen  j'ears  acquaintance  with  the  government  of  N'eio-York, 
]"erniont  is  by  no  means  willing  to  trust  this  important  controversy  to 
their  decision  of  justice  and  equit}',  as  it  has  hitherto  deviated  from  every 
idea  of  those  rules  of  moral  rectitude  which  are  practised  by  virtuous 
governments;  tJieir  notions  of  justice  and  etpiity  seem  to  be  unnatural 
and  unjust;  at  least,  every  sample  of  it  which  they  have  as  yet  exhiliitted 
toThose  inhabitants  appears  fo  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  olfer;  for 
though  the  legislature  ma}',  for  all  that  can  be  objected  to  their  former 
conduct,  be  really  honesth"  disposed;  yel  such  a  belief  could  hardl}'  ra- 
tionally be  sujijuised  to  gain  credit  among  a  people  who  have  suffered 
such  flagrant  and  high  handed  ojipressions  from  both  the  legislative  and 
executive  authority;  and  where  it-  is  the  interest  and  very  genius  of  the 
government,  to  inricli  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  hjs  title.  Those  inhabitants  have  spent  too  much  money  already 
in  land  trials  at  the  New-York  courts,  but  could  never  have  the  charters 
under  wliicb  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  ])etitioning  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  pnteutees;  but  insufficient 
as  they  may  be  supposed  foi-  Hr'  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  expeuce,  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;  especial!}'  as  they  now  stand.  And  conse<iuently  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  '61st  of  October,  1778. 


460  Appendix  1. 

"  Whereas  the  Senate  and  Assembly  of  this  state,  did  by  concurrent 
resolutions,  passed  the  21st  day  of  Febntar;/  last,  propose  certain  over- 
tures with  respect  to  the  controverted  lands,  in  the  north  eastern  parts 
of  the  county  of  Albany,  and  certain  jiartsof  the  counties  of  Cumberland, 
Charlotte  and  Gloucester,  in  order  to  quiet  the  disorders  prevailing  in  that 
part  of  the  sta„e. 

"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  tlie  first  proclamation  alluded  to,  in  some  spiritual  sense, 
very  different  from  its  literal  meaning:  but  instead  of  that,  we  tind  the 
subsequent  patents  under  the  government  [of]  New-York  virtually  con- 
firmed, and  the  grantees  and  actual  settlers  under  Netv-Iiampshire  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  i-espect  to  all  such  lands  which  have  heretofore  been  granted 
by  the  governments  of  Neio-Hampshire  or  Massachusetts-Bay,  and  have 
not  been  since  granted  by  the  government  of  Neio-York;  that  all  such 
grants  under  New-Ham])shire  or  Massachusetts-Bay ,  shall  be  contirmed 
and  declared  good,  valid  and  etfectual.  to  all  intents  and  purposes,  as  if 
the  same  had  been  made  by  the  government  of  JVeiw- I^orfc. " 

Thi,s  resolve  which  the  said  legislature  are  pleased  to  call  an  over- 
ture to  the  inhabitants  of  Ve^'mont,  is  a  palpable  insult  and  affront  to  the 
common  reason  of  mankind;  inasmuch  as  not  only  the  same  legislature 
as  well  as  every  rrf  those  inhabitants  of  common  sense,  very  well 
know  that  all  the  lands  of  any  considerable  consequence  which  have 
been  granted  by  the  governments  of  Neio-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  pi'o- 
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-Hampshire  nud 
Massachusetts- Bay. 

The  senate  and  assembly  of  the  state  of  New-Yoi'k,  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. 

^^Besolved,  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  pai't, for  the  same  lands  (besides  coniirming 
such  possessions  as  were  made  under  New-Hampshire  or  Massachusetts- 
Bay,  prior  to  any  grants  for  the  same  under  Nero-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,  oi-  calculated  to  rid  themselves  of 
the  fulfilment  of  confirming  certain  jiossessions  in  the  dis])uted  territory, 
for  the  faitbful  performance  whereof  they  pledged  the  faith  of  govern- 
ment, as  maj'  be  seen  in  governor  Clinton's  first  proclamation  ;  and  the 


Appendix  I.  461 

absunlity  and  utter  inipnicticability  of  such  a  confirmation  being  pointed 
out  in  tile  answer  to  the  same  of  the  !>tli  of  August  last.  It  seems  lliat 
the  said  legishituie  liave  indeavored  to  rid  themselves  of  this  ditheulty  by 
hiying  it  on  congress:  but  it  should  be  considered  liiat  neither  tlie  said 
legishiture  or  congress,  are  parties  concerned  in  the  case;  tiie  dispute, 
as  it  resjjects  the  interfering  grants,  lies  between  the  grantees  of  the 
three  governments  respectivt^ly :  tiiey,  and  only  tiiey,  have  a  riglit  of 
trial  at  comnii)n  law,  or  to  refer  it  to  arltitration,  provided  they  agree; 
l)ut  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 
proposetii:  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  Xew-York  and  the  inhab- 
itants of  Vermont,  and  sui)pose  furthermore,  that  such  decision  should 
be  in  favor  of  the  iiduibitants;  yet  this  would  be  no  bar  against  a  process 
at  law  against  those  inhabitants  by  the  New-York  patentees,  who  would, 
after  a  hundred  jsuch  chimerical  arbitrations,  have  the  same  right  of 
trial  at  comiu)n  law,  as  they  xwtw  have;  for  the  legislature  of  the  state 
of  New-York  cannot  be  sui»posed  to  be  a  party  in  these  cases  or  to  have 
auy  right  to  an  arbitration,  any  more  than  the  legislature  of  the  state  of 
South-Carolina,  or  any  inditierent  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  tlie  principles  of  common  lavv,  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  i)arlia- 
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  exjjected  by  the  in- 
habitants of  Vermont  from  the  legislature  of  the  state  oi' New- York;  they 
do  not  blame  them  for  not  confirming  their  grants  under  New-Hamp- 
shire and  Massachusetts- Bail,  ^'t  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  thej'  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  Mdssachusetts-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  afiect  [effect]  or  nothing  at  all.  From  first  to  last  they  have 
l)Ut  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  illus- 
trate this  proposition  we  will  su])i)ose  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  tliey  do  at 
present;  or  as  is  common  in  the  New  England  states,  which  wilfbe  the 
case,  provided  the  right  of  soil  be  iield  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  auiniocities  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,  oi-  as 
liberty  is  to  slavery.  A  people  so  opposite  to  each  other  in  civi),  politi- 
cal, and  we  may  add.  leligious  sentiments,  can  never  subsist  long  under 
the  same  government,  for  the  demonstration  whereof  we  apjieal  to  the 
current  histoi-y  of  mankind. 

And  this  the  government  of  Nerv-Yorh  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  tenant?;  which,  if  they  could  once  effect, 
their  spirit  would  dwindle  away  and  expii'e  with  liberty:  but  is  it  not  al- 
together probable,  that  those  inhal)itants  who  have  suffered  so  much 
from  Yorkish  nnd  British  tyranny,  will  yet  take  the  field  against  tbegov- 
ernme^^^TISfew-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  hoys. 

This  the  government  of  Wew-York  are  also  appiised  of.  and  are  theie- 
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  fi'ee  citizens  thereof,  sliall  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  w^hich  have  al- 
forded  such  great  numbers  of  disaffected  inhabitants  to  the  common 
cause,  whose  malignant  iuliuence  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  eftect  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  Vermxmt  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  pei'mitted,  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  sr,il 
had  confirmed  the  prior  grants,  under  the  governments  of  New-Hamjj- 


Appendix  I.  463 

shire  and  Massachusetts-Bay.  clear  of  fees  and  expence  :  the  inhiibitants 
would  i)i-ohal)ly,  by  decrees,  have  excused  Ihein,  and  reluctanlly  sub- 
mitted to  their  government;  Imt  inasmuch  as  the  reverse  of  this  has 
taken  phice,  and  a  iiremeditated  desi<rn  of  usurpation  iiath  uniformly 
manifested  itself  in  ac(|uirinii;  the  claim  of  jui-isdieiion.  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  intiuenoe,  under  which  it  was  obtained  and  exercised. 
Furthermore  tho' the  government  of  iVeMJ-I''oJ•^'  had  ever  so  good  and 
legal  a  claim  to  the  jurisdiction,  the  mercinary,  oppressive,  and  inhu- 
mane use  which  they  liave  made  of  it  considered  abstractly,  should  in 
justice,  nnd  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  JVew- 
York  in  any  sense  whatsoever,  but  have  managed  their  internal  and  ex- 
termd  police  wholly  indejiendent  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.  I)y  proposing  a  confirnKition  of 
lands  to  certain  i)ers()ns  which  they  tliought  to  be  tit  instruments  to  en- 
slave the  rest:  commissions  civil  and  military  were  likewise  proposed  to 
some  with  like  views,  but  the  main  body  of  the  peo})le  were  virtuous; 
and  not  only  so,  they  had  not  the  otter  of  either  a  confirmation  of  their 
hinds  or  a  commission  to  every  of  them,  and  it  is  most  probable,  that 
these  offers  which  were  actuallj'  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  sulijugation  of  the  country  at  large  by  the  govern- 
ment of  Britain.     However  there  were  a  number  of  depraved  and  mean 
spirited  I'ascals  which  bit  at  the  bait,  and  would  ]irol)ably  have  assisted 
that  designing  government  of  land  clenchers  to  divide  the  {)eople,  and 
finally  inslaved  them,  had  not  the  integrity  and  heroism  of  the  green 
mountain  boys  i)revented  it,  making  it  dangerous  for  any  to  excei)t  [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  [18th]  day  of 
March  1774,  [1775,]  which  ]>ut  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  peo))le  from  that  time  until  now 
have  reprobated  the  government  of  Neto  York,  and  have  not  sulfered  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 
dny  been  carrying  on  some  of  their  former  cunning  at  Brattleborouyh, 
and  a  few  other  towns  situate  in  the  southeast  corner  of  the  state. 

At  the  time  the  government  of  New-York  confederated  with  the 
other  states,  the  inhabitants  of  Vermont  had  formed  their  constitution, 
elected  their  chief,  and  other  magistrates,  and  wyre  in  fidl  possession  of 
government;  and  as  tliev  were  free  and  unconnected  with  any  stale  or 
bod}'  ])olitic,  had  a  just  right  so  to  do.  This  i-igbt  they  i-eceived  from 
ualuxtu.  nor  were  they  ])eholden  to  the  government  (A'  New- York  or  any 
other  power  short  of  the  omnipotent.  New- Hampshire  had  forsaken  and 
wholly  neglected  them,  and  JVeic-l^or/c  tyrannized  over  them  as  much  as 


464  Appendix  I. 


they  possibly  could,  (or  dare,)  aud  they  were  a  people  between  the  heav- 
ens and  the  earth,  as  free  as  is  possible  to  conceive  anj^  people  to  be;  and 
in  this  condition  the}'  formed  government  upon  the  true  principles  of  jib  - 
erty  and  natural  right;  nor  can  the  government  of  New-York  acquire  aiij' 
right  of  jurisdiction  over  them  in  consequence  of  confedei'ating  with  the 
q/  other  free  states  of  America;  inasmuch  as  the  state  of  Vermont,  was  at 
T"  I  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  natvu'e,  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;  trom  which  moment  the  imaginaiy 
claim  of  the  New-  Yorkish  jurisdiction  over  the  territory  of  Vermont  ex- 
pired, and  the  inhabitants  thereof  reverted  to  a  state  of  ,na_ture.  Tiius 
it  appears  that  the  government  of  New- York  Istly  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  b}'  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. 

Ftjrthermore,  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  dt)ubt, 
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  tj-ranfs  awe,  intimidated  tiie  weak,  the 
servile  and  base,  but  inraged  the  strong,  the  generous  aud  the  brave. 
Mean  while  the  council  of  the  new  state  was  ver\'  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  Sarat':iga,  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  l>eing  chearfully  joined  by 
the  green  mountain  boys,  fell  on  thi-  eni'in\'  with  relentless  fury,  which  ter- 
minated in  the  two  memorable  and  glorious  Ijattles  of  Bennington,  and 
was  the  first  check  to  the  progress  of  a  f()rniidable  enemy;  which  j)roved 
the  salvation  of  the  new  state,  and  had  its  salutary  influence  on  the  de- 
pending cause  of  the  independent  slates  of  America  at  large,  and  is  a 
striking  proof  of +he  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  witliout  a  helm  or  mariner,  tossed  with 
impetuous  waves.  They  could  not  enjoy  domcstie  jx-ace  and  security, 
considered  abstractly,  from  a  British  war  and  Yorkisli.  usurpation,  witli- 
out civd  regulations;  the  two  last  considerations  do  in  the  most  urgent 
manner  excite  them  to  strengthen  and  conliiin  the  governnu'nt  set  n|> 
liy  the  consent,  approbation  and  authority  of  the  peoph',  which  is  the 
fountain  of  all  temjioial  power,  and  from  which  the  citizens  of  Vn-inont 
have  already  exjierienced  such  signal  advantages.  Tlii.>  puts  them  on  an 
equal  footing  with  their  New-York  advei-saries,  and  will  finally  en;ible 
them  lo  battle  all  their  machinations  and  devices  which  nothing  else  can 
possil)ly  do.  -I 

UsUHPATiON  and   injustice  was   tlie  pi-imary  cause  of  the  sei)aration  \ 
and  revolt  of  the  £^/i(/^'«/(.  ylmer/ca». colonies  from  (xreat-Britain;  and  thi.s  \   ^ 
was  also   their  grand  reason  and  justilication  for  so  doing,  and  conse-    \      ^ir- 
quently  the  ground  of  their  right  to   independency.     These  reasons  are  \  '' 

abundantly  conclusive  and  satisfactory,  as  exhil)itted  t)y  congress  at  large;^' 
and  there  appears  to  be  a  great  degree  of  similarity  in  this  controversy 
with  the -B/v'iis/i  government  with  that  of  Te/'mo^i  against  llu^  govern-  > 
ment  of  New-York,  except  in  this  respect,  that  the  teri'itory  of  Vermont-^ 
was  never  under  the  jurisdiction  i)\'  New-York;  although  by  fi-aud.  injus- 
tice, and  the  conniving  of  the  Britishcnuvi.  tiiey  procured  a  loyal  older, 
purporting  such  aclaim;  which,  in  reality,  originated  fDm  a  complication 
of  interested  and  tyrannical  views,  betwoMi  them  and  the  British,  court; 
the  latter  promoted  and  extended  the  power  and  inliuence  of  the  former 
in  America^  to  promote  and  aid  in  the  sul)jugation  of  it;  (for  at  that  time 
the  projection  was  forming)  and  it  is  well  known  that  iVew;-I^o/-A;  was 
their  favorite  government;  and  it  hardly  admits  a  dispute  but  that  the 
inlriusic  cause  of  the  royal  extension  of  the  jurisdiction  was  to  corrobo- 
rate tlie  designs  which  liave  since  been  attempted  against  America;  this 
and  the  Quebec  bill  was  of  a  piece,  and  the  motive  of  their  I'xtt'ution  tlie 
same,  to  more  effectually  bribe  them  governments  to  their  interest,  as 
•subsequent  and  reciprocal  transactions  may  more  fully  evince. 

But  to  proceed  with  ihe  [tarallel.     The  i>r<<is/i  government  claimed  an  ^ 

exclusive  right  of  taxing  the  colonies  in  all  cases  whatsoever;  sucli  a  pre-  c  o 
rogative  would  unavoidably  have  terminated  tinally  in  abject  slavery,  as 
has  been  fully  illustrated  by  many  ingenious  writers,  and  verilied  b}'  the 
universal  experience  of  mankind;  bui  the  government  iyf  Neir-York  took 
a  more  direct  and  immediate  method,  for  at  one  blow  they  struck  at  the 
landed  property  of  every  of  the  inhal)itants  of  \"erinont^  by  siretciiing 
their  subsequent  interfering  jjatents  over  them;  this  was  more  like  a 
combination  of  land  thieves,  than  a  government,  who  coveting  the  lands 
and  lal)ors  of  the  inhabitants,  which,  buta  little  before  by  iiii(iuitous  con- 
certed measures  at  the  British  court  (instead  of  slaves)  they  proved  lo 
be  denominated  their  subjects.  Tlie  mutilating  the  charter  of  the  Mas- 
sachusetts-Bay by  the  British  parliament,  was  a  high  handed  stride  of  ar- 
biti'ary  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  ))eople  is  ca])al)le  of  so  effectually  inslaviug 
them,  as  the  monopoly  of  their  lands;  when  this  is  the  case  with  a  peo- 
ple it  is  idle  for  them  to  disijute  any  more  alxjut  liberty;  tor  a  sovereign 
nod  of  their  landlord,  cannot  fail  to  ovei'awe  them,  and  by  degrees  erase 
the  natural  images  of  liberty  from  the  mind,  and  make  them  grovel  out 
a  contemptable  and  miserable  life. 

TiiK  detestable  acts  of  outlawry  passed  the  !)th  day  of  March  1774,  by 
the  legislative  authority  of  the  colony  oi'  New- York,  particularly  against 
the  inhabitants  of  Vermonty  was,  in  substance,  a  positive  declaration  of 


466  Appendix  I. 

war  against  them:  by  tlifse  acts  they  (k-ilaied  those  inhabitants  out  of 
tiieir  protection;  and  al)dicale(l  tlie  govH-rniiiciit,  provided  they  may  l)e 
su])pos(.(l  ;it  that  time  to  be  possesst'd  (tf  any  riglit  thereto.  The  fact  is. 
tiiev  appealed  to  arms;  in  this  case  they  must  eflect  the  conquest  of 
l^ernioiit,  or  give  up  tiieir  iireteiisions  to  the  government  thei'eof  The 
iniial)ilants  of  Vermont,  on  tlie  '20th  day  of  ^li^j'f?  following,  inililislied  ii 
dechu-ation  of  a  defensive  war  against  the  government  of  Neu:-Yoi-k,  as 
aforesaid,  and  warlike  preparations  were  making  on  both  sides;  ))ut  tlie 
Jiritixh  invasion  has  jirocrastinated  the  determination  of  the  matter  till 
this  time;  and  when  this  great  and  jistonishing  revolution  shall  be  fully 
settled,  ratified,  and  confirmed,  it  will  be  early  enough  for  New-York  uud 
Vermont  to  proceed  to  the  settlement  of  their  controversy. 

But  to  continue  tiie  parallel.  Those  acts  of  outlawry,  according  to 
the  express  tenor  thereof,  impowered  tiieir  courts  of  judicature,  to  award 
sentence  of  death  against  any  of  those  inhaViitants  as  should  be  capitally 
indicted,  although  they  were  not  personally  before  such  court;  and  in 
like  manner  any  other  sentence  of  ])unisliment  .short  of  death,  against 
any  of  the  said  inhabitants  which  should  be  criminally  indicted  without 
any  hearing,  mearh'  on  indictment  itself;  and  also  gave  a  full  indenniiti- 
cation  to  an}' and  every  of  their  subjects,  for  killing,  maiming  or  wound- 
ing those  inhabitants  which  ojjposed  such  execution  of  law:  in  tine,  the 
real  designs  of  these  laws  were  to  olitain  possession  of  the  farms  of  those 
inhabitants,  or  to  make  those  who  had  the  magnanimit}-  to  ojjpose  them 
outlaws,  and  kill  them  whei'e  ever  they  could  be  found,  that  they  might 
possess  and  enjoy  the  country;  for  such  as  they  c(Hild  not  kill  on  {he 
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  exterpale  them  from  the  lands  coveted,  in  any 
manner  and  by  aii}-  stratagem  which  might  best  serve  such  inhumane 
purposes;  for  all  which  savage  cruelties,  the  parpetralors  had  govern- 
mental indi'umification;  and  thus  the  inhabitants  (which  they  would  fain 
hav(!  to  be  their  subjects,)  were  obliged  either  to  give  up  their  inheri- 
tance, or,  in  the  Yovkish  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- 
(^iierable  fortitude  of  the  green  mountain  boys  prevented  taking  place. 

Much  more  might  be  said  as  to  the  injustice,  tyrann}-,  oj)pression, 
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  foi-  crimes  committed,  or  said  to  be  commit- 
ted, in  this  (Miuntry,  was  a  daring  stroke  against  the  liberties  of  a  free 
peojile;  for  though  they  were  ])ermitted  a  jiersonal  hearing,  yet  it  was 
attended  willi  great  eml)ari-assmenls,  and  insurmountable  evils  and  dis- 
ad\antages,  to  be  forced  to  a  trial  in  a  strange  country,  destitute  of  ac- 
quaintance, friends,  or  evidence,  to  make  a  defence  ;  and  ))robably 
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  ibe  lil)erty  and  hai)piness  of  mankind.  This  bears  a 
near  resemblance  to  those  acts  of  outlawry,  tho'  it  is  hardly  so  replete 


Appendix  I.  407 

with  malicious  turpifudi'  ;  and  tlu'ii'lorc  a  more  ciTtain  dcstiuftion 
would  have  heeii  Ihe  fatt'  of  the  iiihahitaiits  of  ]''er)uo)it.  had  those  laws 
taken  jdaee;  who,  on  a  land  j()ld)er's  indictment,  and  land  johhiiiir  cdurtV 
judi;ment,  without  heaiiii<i,  [wei'e]  ti)  sutler  dealli,  i>r  other  punisii- 
nient,  hy  virtue  of  the  laws  of  an  iufanious  land   jnhijini:;  leijislalure. 

The  local  distance  of  Vermont  from  I  lie  scat  ^A'  government  in  the 
state  of  Kew-Ynrk  is  near  four  hundred  and  lifty  miles  from  its  extri'am 
parts,  whicii  would  make  ijovernmeiil  (diarL;al>le  and  inconvenient;  and 
ahstracted  from  all  otliei-  considi'rations.  would  constitute  a  sutticient^ 
reason  for  the  independence  of  Vermont;  nevertheless,  provided  those 
inhahitants  were  olilised  to  suhmit  to  the  <;overnment  of  New-York, 
they  would  wish  to  lipve  the  distance  ten  times  <rrcat(r. 

The  people  of  Vermont  consider  themstdves  as  heiui;  virtually  in 
union  with  the  united  states  from  the  time  that  they  took  possession  of 
lake  Chamj)hdn,  and  the  i^arrisons  dei)endin<2;  thei'eon,  in  hehalf  of  the 
united  statics,  in  May  177");  from  which  early  period  ol"  tlie  revolution, 
they  have  taken  an  active  part  with  them,  and  have  pursued  invariaidc, 
the  same  oljject,  viz.  liberty;  have  particijiated  in  all  their  tnMihles;  and 
with  them  have  hazarded  all  that  is  worth  living  or  dyimr  for:  such  a 
combination  of  interests,  and  mutual  co-operation,  in  securing  an<l  de- 
fendiuii  the  same,  constitutes  the  very  nature  and  essence  of  union  and 
confederation,  nor  can  there  be  more  than  a  meei'  formal  declaration 
requisite  to  fully  establish  a  confederation  between  them. 

AxD  lostlij.  A  confederation  of  the  state  of  Vermont  with  the  other^ 
free  and  independent  states,  cannot  fail  of  beiuif  attended  with  salutaiy  ' 
consequences  to  the  confedei'acy  at  lai'ge  for  ages  yet  to  come.  What  a 
nursery  of  hardy  soldiers  may  in  future  be  nourished  and  sujiported  in 
this  fertile  country,  (which  is  one  hundred  and  lifty  miles  in  leni^th,  and 
near  sixty  in  breadth.)  stimulated  with  (he  spirit  of  liberty,  havinsj:  a 
)>erfect  detestation  and  abhorrence  of  arbitrary  |)owi'r,  from  the  exer- 
tion of  whitdi  they  have  sutfered  so  nuudi  evil;  will  instill  the  ])rinciples 
of  liberty  and  social  virtue  in  their  chililrcu,  whicdi  will  be  perju'tuated 
to  future  generations;  their  (dimate  and  interior  remove  fi-om  the  sea 
coast,  will  naturally  be  |u-oductive  of  a  laborious  life,  by  which  means 
the}'  will  be  in  great  measure  exempted  from  luxury  and  efieminacy,  and 
be  a  valuable  support  to  the  rising  empire  of  the  new  world.  "" 

The  following  Votes  and  I^roceedings  of  the  Jvcgislatuie  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-Hanipsliire  Grants  in  Answer  thereto  :  And  likewise,  the  Acts 
passed  by  the  Legislative  Body  aforesaid,  the  !)th  of  Mtirdi  ITItmio,  and 
Remarks  on  the  same,  which  here  follow  in  tlieir  order,  as  they  were 
published  in  sundiy  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  hi)use  (f  Mr.  Eliakim  Wel- 
lers,  j'ji  Manchester,  o?i  the  1st  daij  of  March,  A.  D.  177.")  [1774;]  and  after- 
wards, hij  adjournment,  at  the  house  of  Cajtt  J(djiel  Ilawley,  in  Arlingtcm, 
on  the  third  Wednesdai/  of  the  same  month;  at  which  several  times,  and 
places,  the  New- York  Mercurii  No.  \UV.\,7oas  produced;  u:hicJi  contai)isan 
extract  from  the  rotes  and  proceedings  of  the  General  Assembly  of  the  col- 
ony of  New-Yoi'k,  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 
irrand  Committee  reported,  tiiat  he  was  directed  by  the  said  Committee, 
to  mai<e  the  following  rejjort  to  the  house,  viz.  That  the  said  Commit- 
tee, having  tal<en  into  consideration  the  jielition  f)f  Benjamin  Hough*  in 
behalf  of  himself,  and  many  of  his  Majesty's  subjects,  inhabitiiig  the 
county  of  Charlotte,  and  the  north-eastern  district  of  the  county  of  Al- 
bany; comjilaining  of  many  acts  of  outrage,  cruelty,  and  oppression, 
committed  against  their  i)ersons  and  pro|)erlies,  by  the  Benninyton  mob, 
and  the  dangers  and  ii'.juries  to  wliicli  they  are  daily  exposed,  and  im- 
l)loring  that  this  house  will  take  them  under  their  protection,  and  secure 
them  a^rainst  future  violence;  and  the  said  committee,  having  also  duly 
considered  the  several  |)roofs  and  depositions  presented  in  support  of  tiie 
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  dangei'ous  and  destructive  spirit  of  riot  and 
licentiousness,  subversivi!  of  all  order  and  good  government;  and  that 
it  is  become  an  intolerabk^  grievance,  which  requires  immediate  re- 
dress. 

"2.  Resolved,  That  it  a|)pears  to  this  committee,  that  many  acts  of 
outrage,  ci'uelly,  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  olticers, 
so  that  they  dare  not  exiu'cise  their  respective  functions;  riscued  prison- 
ers for  debt,  assumed  to  themselves  military  commands,  and  judicial  pow- 
er; burned  and  demolished  the  houses  and  pi-operty,  and  beat  and  abused 
the  persons  of  many  of  his  majesty's  subjects;  expelled  them  from  their 
possessions,  and  |)Ut  a  period  to  the  administration  of  justice,  and  spread 
terror  and  destruction  through  that  part  of  the  country  which  is  exposed 
to  their  oi)pression. 

"3.  IIesolved,  That  it  is  the  opinion  of  tliis  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.  Re:solved,  That  it  ajipears  to  this  committee,  that  Ethan  Allen, 
Seth  Warner,  Remember  Baker,  liobert  (Jochran,  Feley  Sunderland,  8il- 
vanus  Brown,  James  Breakenrldge,  and  John  S^nith,  are  principal  ring- 
leaders of,  and  actors  in,  the  riots  and  disturbances  aforesaid;  and  that 
it  is,  therefore,  the  opinion  of  this  eommittee,  that  an  humble  address 
be  presented  to  his  excellency,  desiring  that  he  would  be  pleased  to  is- 
sue a  proclamation,  otfering  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  conniianding  the  magistrates,  and  other  civil  offi- 
cers of  tlie  counties  of  Albany  and  Charlotte,  to  be  active  and  vigilent 
in  supjiressing  the  said  riots,  and  preserving  the  jiublic  peace  and  good 
order,  as  well  as  for  bringing  to  justice  the  perpetrators  and  authors  of 
said  riots. 

•  Note  by  Mr.  Sla(li;:--lt  appears  from  Allen's  history,  tliaf  Briijamiii  Hoiiirli  liad  accepted,  and 
officiated  in,  tlie  office  of  justice  ot  the  i)eace.  iindir  ihe  aiilliuiitv  of  New  Vdik.  Hiiii>;  arrested 
and  IjroiiKid  before  the  C.>niniiUee  ot  Safety  at  Suiidcrland,  he  pleadeil  tlie  .jmisdictioii  and  au- 
thority of  New  York,  lint,  was  answered  hy  the  decree  of  ilu-  Conrention,  which  forhid  all  persons 
holdinfianv  office,  civil  or  niilitarv,  under  the  colony  of  New  Yorli. 

In  tlie  presence  of  alarfje  co  ;co'urse  of  peoph-,  the  followinj;  judgment  was  pronounced.  "TViOi 
the  prisoner  be  taken  from  the  bar  of  this  Committee  of  Hcifely  and  tied  to  a  tree,  and  there,  on  his 
naked  ba  k,  lo  receive  two  hundred  airipes;  his  back  being  dre.f.ied,  he  should  depart  out  of  the  district, 
and  on  return,  to  suffer  death,  itnless  by  special  leave  of  Convention." 


Appendix  T.  469 

"5.  Resolved,  That  it  is  the  ojiinion  of  this  conimittco,  tliat  a  1)111 
be  brouiiht  in.  moro  otVcctually  to  suppress  the  said  riotous  and  disorderly 
proceedings,  maintain  the  tiee  i'ourst>  oi' justice,  and  lor  hrinjj^inu;  Ihe 
offenders  to  condign   punislinient. 

"Which  report  lie  read  in  his  place,  and  afterwards  delivered  it  in  at 
the  table,  where  the  said  resolutions  were  si'verally  read  a  second  time, 
and  it  was  resolved  that  this  house  doth  agree  with  tlic  committee  in 
their  said  resolutions. 

'•  Okdkkkd.  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. 

"  Ordered,  that  Capt.  DelanoQ,  and  Mr.  Walton,  wait  on  his  excel- 
lency the  governor  with  the  foregoing  address  and  resolutions  of  the 
house." 

Mr.  Nathan  CZrfrA-,  chairman  of  the  committee  of  the  New-Hampshire 
settlers  aforesaid,  ordered  the  clerk  to  read  the  resolves  and  votes  afore- 
said, to  the  general  comiiiittee,  vviiich  was  accordingly  read,  sundry 
times,  and  the  following  draught  being  jiresented  in  answer  thereto,  to 
the  publick  meeting;  seven  jiersons  were  selected  and  chosen  out  of  tiie 
said  general  committee  to  examine  the  same,  and  rei)ort  their  opinion 
thereon,  which  here  follows. 

"When  we  consider  the  numberless  troubles,  and  almost  insurmounta- 
ble ditliculties  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  annexi'd  to  a  government  in  which  the  interests  of  the 
greater  part  of  the  leading  gentlemen  thereof  are  in  direct  o])position  to 
our's.  The  tyrannical  measures  they  take  to  enslave  us,  (we  lio])e)  will 
not  fail  to  justify  us  in  the  following  argMments  and  resolves  lliereon; 
for  we  think  it  an  intoleraiile  hanlship,  and  piece  of  inhuman  cruelty, 
that  we  cannot  be  said  to  give  sutHcieiit  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  reHecl  with  some  regiel,  on  what  mav,  of  conse- 
quence, prove  the  result  (without  an  alteration)  of  their  present  opinion; 
but  there  are  scarce  any  circumstances  that  entire!}-  exclude  hope;  there- 
fore we  are  not  j'et  in  total  despair;  for  this  moment  we  ha])pily  call  to 
mind,  that  the  general  assembly  of  the  sanie  jtrovince,  about  two  years 
ago,  did  annex  all  that  part  oi'  the  Baij  province,  west  of  Connecticut- 
river,  to  that  UNLHSHTED  county  of  Albany;  but  their  avaricious 
grappling  not  being  of  a  sufficient  strength  tor  sucii  an  unreasonable 
burthen,  it  tiiiled,  by  which  they  lost  their  ideal  booty. 

"  The  reader  will  doubtless  ol)serve,  that  in  the  resolves  of  the  assemblv 
aforesaid,  there  is  not  a  single  word  mentioned  in  regard  to  the  title  of 
the  land  contested  for,  but  that  they  level  all  their  s))leen,  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;  althoug]i,at  the  same  time,  evei-y  person  of  common  sense, 
who  has  had  any  acquaintance  and  knowledge  of  the  controversy,  abso- 
luleh-  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  l)ut  that,  and  th(!  matter  would  hv,  accomplished  to  their 
eternal  satisfaction;  an<l  it  is  presumed  the  words  riotous,  disorderl}-, 
licentious,  &c.  would  not  be  printed  again  on  account  of  the  New-Ihunp- 
shire  grantees  and  present  occupants,  for  the  whole  course  of  the  suc- 
ceeding century. 


470  Appendix  I. 

"  Foil,  till"  truth  of  the  caso  is,  tlio  oxoculors  of  tlic  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,  i)i'ouij:ht  by  the  JSfeic-york  i)atentees,  have  not  hitherto  failed 
to  correspond  with  their  imaginary  interests;  but  were  they  honest  men, 
tiiey  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 
governmerit,  we  must  soon  yield  to  be  their  tenants  and  slaves;  and  we 
cannot  sec;  reasoii  to  conform  to  any  law  which  will  apparently  bring  us 
and  our  posterity  into  bondage,  or  manifestly  de]irive  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  Wew-Yorkers,  was  it 
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  accusaticms  are  set  forth  in  the  resolves  of  the 
general  assembly  of  jSfew-York,  mentioned  in  the  fore  part  of  this  paper, 
against  thousands  of  hard  labouring,  industrious,  honest  peasants,  wIkj 
are,  in  truth,  loyal  subjects  of  the  crown  of  Great-Britain,  for  their  vio- 
lations of  law  and  gDvernment;  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  ojiposition  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  contf^ntion  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,  Earl  of  Shelburne, 

Lord  Chancellor,  Viscount  Falmouth, 

Duke  of  Queensbury,  Viscou7it  Barrington, 

Duke  of  Ancester,  Viscount  Clarke, 

Lord  Chamberlain^  Bishop  of  London, 

Earl  of  Litcfifield,  Mr.  Secretary  Conway, 

Earl  of  Bristol,  Hans  Stanley,  Esq.;'''' 

The  jietition,  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  apjirove  thereof,  and  doth  hereby 
strictly  charge,  require  and  command,  that  the  governor  or  commander 


Appendix  I.  471 

in  chief  of  his  inajosly's  province  of  New-York,  for  tlic  tinic  bciiiLj,  do 
not,  upon  pain  of  his  majesty's  highest  (hspleasiire,  presume  to  mai<e 
any  ijranl  wliatsoever,  of  any  part  of  thi-  lands,  (h'seril)e(i  in  the  said 
report,  until  Ids  majesty's  Ihrlher  ph  asure  sliall  Ix-  known,  conceridnj,' 
the  same. 

A  True  Copy,  William  SiiAuri:. 

Attest     Giio.  Banyar,  Dei).  •Secry.'''' 

"Notwithstanding  this  prohibition,  and  one  or  two  more  of  the  same 
general  import,  and  from  the  same  autliority,  the  government  of  Neir- 
York  have  lajjped  their  patents  on  the  JS'eir-Haiiip.sliire  charters,  and  in 
consequence  thereof,  demand,  at  common  law,  the  lantl  on  which  the 
New-HampliHire  grantees  and  occupants  dwell;  and  from  hence  has 
arisen  the  numerous  trouldes  and  disturl)auces  between  the  government 
of  New-York  and  its  discontented  subjects,  the  settlers  under  ^^ew- 
Hampshire.  This  has  also  been  the  source  of  all  licentiousness  and  con- 
fusion, riotousuess.  &c.  complained  of  by  tiiat  government  against  the 
settlers  aforesaid. 

"And  whereas  the  true  slate  of  our  grants  hath  l)eeu  already  laid  be- 
fore the  worthy  lords  of  the  board  of  trade  and  jtlantation,  and  they, 
liaving  considered  and  wisely  (hdiberated  U))on  its  several  circumstances, 
did  on  tlie  third  day  of  December.  A.  D.  1772,  make  their  rejiort  in  favor 
of  the  Neir-Hampsliire  grantees,  to  his  most  gracious  majesty,  whose 
royal  confirmation  we  daily  expect;  and  on  the  credit  and  good  faitli  of 
this  report,  many  hundreds  of  industrious  (and  many  of  them  wealthy) 
families  have  |)urchased  and  moved  upon  the  New-Hampi^hire  grants, 
nothing  doubting  of  that  title, 

"  We,  therefore,  humbly  report  to  tlie  said  general  committee  of  the 
New-Hampshire  graul^^  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  Geoiigk  the  third,  and  de- 
mean ourselves  agreeable  to  the  good  and  wholesome  laws  of  the  realm, 
and  tight  for  the  dignity  of  his  majesty's  crown  and  government,  at  all 
times,  when  tliere  may  be  a  call  tor  il  ;  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  ci-own  of  Great-Britain,  we  are  determined 
to  maintain  those  grants,  against  all  opposition,  until  his  majest3-'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-iireservation,  which  the  law  of  God  and  nature 
enjoins  on  every  intelligent,  wise,  and  understanding  being  :  we,  there- 
fore, are  fuU}^  of  the  opinion  to  resolve, 

"3.  That  such  of  tlie  magistrates  and  governmental  authority  of  the 
province  o{ 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  taniely  be  disinherited; 
have  acted  contraryto  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  propeity  of  the  sul)ject;  are  thereby  guilty  of 
great  inhumanity  to  its  respective  subjects.  We  tiierefore  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  wouhl  reconi::^ 
mend  it  to  the  general  asseml)ly  of  thi^  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 
nia}^  result  from  such  f  n  attempt. 

"■And  fourthly,  and  lastly,  resolved,  That,  for  the  future,  every  necessary 
preparation  he  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,  tlie  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  ti'yal,  Avhether  the  foregoing  was  approved  of 
as  an  answer  to  the  resolves  of  the  general  assembly  of  the  province  of 
JV^ew- I'orA;  i'  and  it  was  passed  in  the  atfirmative.  And  it  was  further- 
more the  advice  of  this  committee,  that  the  foregoing  be  forthwith  ex- 
hibited in  tlie  public  papers,  to  the  intent  that  all  otKcers,  magistrates, 
and  persons  whatsoever,  may  know,  that  if  they  presume  to  take  the  ri- 
oters aforesaid,  they  do  it  on  their  peril. 

Certitied  per  NATHAN  CLARK,  Chairman. 

JONAS  FAY,  Clerk. 

Bennington,  April  14, 1774. 

The  following  Law  of  the  Colony  of  New- York,  v;as  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  eti'ectual  punish- 
ing of  the  Rioters. 

"  Whkreas  a  spirit  of  riot  and  licentiousness  has,  of  late,  prevailed  in 
somcparts  of  the  counties  of  Charlotte  a^id  Albany,  and  many  acts  of  out- 
rage and  cruelly  have  heen  perpetrated  by  a  number  of  turbulent  men.  who, 
assembling  from  time  to  time,  inarms,  have  seized,  insulted  and  menaced, 
serernl  magistrates,  and  other  civil  officers,  sn  that  they  dare  not  execute  their 
functions— rescued  prisoners  for  debt— assumed  to  themselves  military  com- 
mands, and  judicial  poivers— burned  and  demolished  houses  and  property, 
and  beat  and  abused  thepersons  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  pari  of  the  country  which  is  exposed  to  their  oppression  :  Therefore,  for 
the  pjreventing  and  suppressing  such  riots  and  tumults,  and  for  the  more 
speedy  and  ejj'ectual  punishing  the  offenders  therein, 

"1.  Be  it  enacted,hy  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  sherift",  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  moi'e,  after  such 
-command  or  request  made  by  proclamation,  shall,  for  every  sucli  offense, 
upon  conviction  thereof,  in  due  form  of  law,  either  in  the  supreme  court  of 


Appendix  I.  47o 

Judicature  of  this  colony,  or  at  the  courts  of  oyer  and  terminer,  and  gen- 
eral ""oal  delivery,  or  at  the  sj^eneral  sessions  of  the  i)eace,  to  be  held  re- 
spectivi'ly  in  and  for  the  said  counties  of  Alban)/  ancl  Charlotte,  or  eitiier 
of  them,  suffer  twelve  months  imprisonment,  without  hail  or  mainprize, 
and  such  furtlier  corporal  punishment  as  tlie  respective  courts  before 
which  he,  she,  or  they,  shall  be  convicted,  shall  Judge  tit,  not  extending 
to  life  or  limb;  and  before  his  or  her  discharge,  shall  enter  into  recog- 
nizance with  two  sutlicient  sureties,  in  such  sum  as  the  said  courts  shall 
respectively  direct,  to  be  of  good  behaviour  and  keej)  the  peace  towards 
his  majest}'  and  all  his  subjects,  for  the  term  of  three  years  from  sucli 
his,  her,  or  their  dischai'ge  out  of  prison. 

"2.  And  he  it  further  enacted  by  the  authority  aforesaid.  That  the  order 
and  form  of  the  pn^damation  which  shall  Ix;  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  he  conmianded,  silence  to  be  kejjt  while 
proclamation  is  making;  and  shall  then  openly  with  aloud  voice  make, 
or  cause  to  be  made,  proclamation  in  tliese  words,  or  to  the  like  olfect : 
our  sovereign  lord  the  king,  chargeth  and  commandeth  all  2^ersons  being 
assembled,  iminediately  to  disperse  themselres.  and  peaceably  to  depart  to 
their  huhitations,  or  to  their  lawful  business,  upon  thex>ain  contained  in  the 
act  made  in  the  fourteenth  year  of  the  reign  of  King  Gkouge  tice  third,  to 
prevent  tumultuous  and  riotous  assemblies.  And  ever}'  such  Justice  or  Jus- 
tices of  the  peace,  sheriff,  under  slieriff  or  coroner,  within  the  limits  of  the 
respective  connties,  where  they  reside,  are  hereby  authorized,  impowered, 
and  required,  on  notice  or  knowledge  of  any  such  unlawful,  riotous  and 
tumultuous  assemldy,  forthwith  to  repair  to  the  place  wh(>re  such  uidaw- 
ful,  riotous  and  tumultuous  assembly  shall  be,  to  the  number  of  tliree  or 
more,  and  there  to  make  or  canse  to  be  mad(!,  proclamation  in  mannei- 
aforesaid. 

"  3.  And  be  it  further  enacted  l)y  the  authority  aforesaid.  That  if  any  per- 
son or  persons  do,  or  shall,  with  foi-ce  and  arms,  wilfully  and  knowingly 
oppose,  obstruct,  or  in  any  manner,  wilfully  and  knowingly  let,  hinder  or 
hiu't  ail}'  person  or  persons,  wlio  shall  begin  to  proclaim,  or  go  to  pro- 
claim, according  to  the  proclamation  hcu'el)}'  directed  to  be  made,  where- 
by such  proclamation  shall  not  be  made;  tliat  then,  every  such  ojjposing, 
letting,  hindering,  or  hurling,  such  person  oi-  ]tersons,  so  being  or  going 
to  make  such  proclamation  as  aforesaid,  shall  l)e  adjudged  felony,  with- 
out benefit  of  clergy;  and  that  the  offenders  therein,  shall  be  adjudged 
felons,  and  shall  sutler  death,  as  in  cases  of  Adony  witiiout  l)enefit  of  cler- 
gy; And  that  also,  every  such  jierson  or  persons,  solieing  unlawfully,  ri- 
otously and  tumnltuousiy  assemliled  to  the  num))er  of  three,  as  aforesaid, 
or  more,  to  whom  proclamation  should  oi-  ouglit  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  tiu'ee  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  tunudtuously  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  .sucli  Justice  of  the  peace,  slieriff,  under  sher- 
ill",  coroner,  or  constal)le,  of  any  county  or  township  where  such  assembly 
shall  be;  and  to  and  for  such  jierson  or  persons  as  shall  be  commanded 
to  be  assisting  unto  such  Justice  of  tlie  peaiu^  sheriff,  under  sheriff,  coro- 
ner, or  constable,  who  are  hereby  authorized  and  imijowered  to  com- 
mand all  his  majesty's  subjects  of  age  and  iibility,  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 
olTences  according  to  law. 

"And  that,  if  the  persons  so  tinlawfully,  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  i-esisting 
the  persons  so  dispersing,  seizing,  or  ai)prehending,  or  endeavouring  to 
disperse,  seize,  or  ai)i)rehend  them;  that  then,  eveiy  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  lieirs 
and  successors,  as  against  all  and  every  other  jierson  and  persons,  of,  for, 
or  concerning  the  killing,  maiming,  or  hurling  of  any  such  person  or  per- 
sons, so  unlawfully,  riotously,  and  tumultuously  assembled,  that  shall 
hai^pen  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 auth(n-ized  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 
carrjf  the  same  into  efiect;  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  jjersons 
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  felon}',  without  benefit  of  clergy  ;  and  the  offen- 
ders therein  shall  be  adjudged  felons,  and  shall  sufter  death,  as  in  cases 
of  felony  without  benefit  of  clergy. 

"6.  And  whereas  complaint  and  proof's  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  colon}^  of  Connecti- 
cut, but  late  of  Bennington,  in  the  county  of  Albany,  yeoman;  Seth  War- 
ner, late  of  Benniyigton,  in  the;  said  county,  yeoman;  Remember  Baker, 
late  of  Arlington,  in  the  said  county,  yeoman  ;  liobert  Cochran,  late  of 
Muporte,  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  o(  Socialborou(jh,y voman:  liav('l)oon  principal  rintr- 
li'aders  of,  and  actors  in,  the  riots  and  disstnrbanccs  aforesaid  ;  and  the 
general  assembly  liave,  tlu'renpon,  addressed  his  excUeucy  tlic  gover- 
nor, to  issue  a  proelaniation  oliering  certain  rewards  for  apprehending 
and  securing  tlie  said  offenders,  and  lor  bringing  (hem  and  the  other  per- 
j)etrators  and  authors  of  the  riots  to  justice;  And  forasmuch  as  sucli  dis- 
orderl}-  practices  are  highly  ci'iminal  and  destructive  to  the  peace  and 
settlement  of  the  country,  and  it  is  indispensably  necessary  for  want  of 
process  to  outlawry  (whicdi  is  not  used  in  this  colony)  that  special  pro- 
vision ])e  made  for  bringing  .such  offenders,  in  future,  to  trial  and  jnin- 
isiiment,  without  exposing  the  colony  to  the  expeuce  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  tlie  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  eitlier  of  the  counties  aforesaid,  for  an}^  offence 
perpetrated  after  the  passing  of  this  act,  made  capital  l)y  this  or  any  oth- 
er law,  or  where  any  person  may  sland  indicfed  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  olfender  or  olli-nders  to  sur- 
render themselves,  respectively,  within  tlu'  space  of  seventy  days  next 
after  the  first  publication  thereof,  in  the  Neio-  York  Gazette,  and  weekly 
Mercury,  to  one  of  his  majesty's  justices  of  the  peace,  for  either  of  the 
said  counties  respectivel}^  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  fbrth-comiug  to  answer  the  olTenc^e  or  offences",  wherewith 
he  or  they  shall  stand  charged,  according  to  the  ordinary  course  of  tlie 
hiw  ;  wiiich  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  sheriffs  of  the  counties  of  Albany  and 
Charlotte  ;  and  the  said  sheriffs,  respectively,  shall,  within  six  days  after' 
the  receipt  thereof,  cause  the  same  printed  ordtsrs  to  be  affixed  upon  the 
door  of  the  court-house  of  the  county  of  Albany,  ;uid  upon  the  door  of  the 
dwell-house  of  Patrick  Smith,  Esq  ;  where  the  courts  are  now  usually 
held  for  the  said  county  of  Charlotte,  and  upon  the  doors  of  two  other 
pul)lic-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  councal  as  aforesaid  ; 
he  or  they,  so  neglecting  or  refusing  to  surrender  himself  or  themselves 
as  aforesaid,  shall,  from  the  da}'  to  be  api)ointed  for  his  or  tludr  surrendry 
as  afoi-esaid,  be  adjudged,  deemed,  and  (if  indicted  for  a  capital  otfence 
hereafter  to  be  perpetrated)  to  be  convicted  and  attainted  of  felony,  and 
shall  suffer  death,  as  in  cases  of  i)ersons  convicted  and  attainted  of  felo- 
nj',  by  verdict  and  judgment,  without  benefit  of  clergy;  and  that  it  shall 
and  may  be  lawful  to. and  fortius  supreme  court  of  judicature  of  this  col- 
ony, or  the  courts  of  oyer  and  terminer,  or  general  goal  deliver}',  for  the 
respective  counties  aforesaid,  to  award  execution  against  such  oftender 
or  offenders,  so  indicted  for  a  capital  offence  perpetrated  after  the  jiass- 
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  oft'ence,  under  the  degree  of  felony, 
shall  not  surrender  himself  within  the  time  fixed  by  such  order,  and  after 


476  Appendix  I. 

such  uolice  aforosaid,  he  shall  thenceforth  he  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  oflendcr,  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  he  it  further  enacted  bj-  the  same  authority  aforesaid.  That,  if 
any  person,  so  neglecting  to  surrender  himself  as  aforesaid,  within  the 
said  seventy  days,  shall,  at  any  time  afler,  surrender  himself  to  the  sher- 
iff of  the  cities  of  New-York  or  Albany,  or  of  th(^  counties  of  Dutchess  or 
West-Chester^  (who  are  to  receive,  and  safely  keep  such  otfenders)  and 
being  actually  in  custody,  exhibited  reasonable  proof,  to  the  satisfac- 
tion of  the  judges  of  the  suj^reme  court  of  this  colony,  or  either  of  them, 
that  he  was  not  within  either  of  the  said  counties  oi  Albany  ov  Charlotte^ 
or  within  either  of  the  counties  of  Cnwberland  or  Gloucester^  at  any  time 
after  the  publication  and  notices  above  directed,  and  beforci  such  sunen- 
der  of  himself  as  aforesaid  ;  then  such  judge  before  whom  such  proof  is 
made,  shall,  forthwith,  notify  the  same  in  writing,  to  the  sheritfto  whom 
any  warrant  of  execution  for  the  executing  such  offender,  or  any  other 
process  for  any  lesser  punishment  hath  been,  or  ma}'  be  issued  ;  and 
thenceforth  such  jtrisoner  or  offender  shall  not  be  liable  to  suffer  death  or 
any  other  pimishment  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  i)erson  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. 

"8.  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  tf)gether  to  the  number  of  three  or 
more,  after  they  shall  ha  commanded  to  depart  to  their  habitation  or  law- 
ful business,  by  i^roclamation  as  aforesaid. 

"  0.  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  wdthin  the  same;  and  a  great  part  of  the  said  county  l)eing 
involved  in  a  state  of  anarchy  and  confusion,  by  reason  of  the  violent  pro- 
ceedings of  the  aforesaid  riotous  and  disorder)}-  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  wiiatsoever,  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  swoin  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  In;  adjinlLCctl  ti)  he  ^ood  ami  valid,  not witlistandiiiLr  tliat  tiio 
plac(j  of  perpetrating  any  o\'  the  said  ottences  he  in  the  said  indie!  nients 
alledged  to  ht^  out  of  the  said  connty  of  Alhdini  ;  and  all  sueh  otl'enees 
and  otlenders  whieh  shall  he  presenU'd  orindieted  as  ufuiesaid,  shall  and 
may  he  tried  within  the  eounfy  of  AJIhoii/,  and  l)y  a  jury  thereof;  and 
there  iieard,  determined,  and  punishe<l  in  the  same  manner  and  form  as 
if  such  treason,  felony,  crime,  misdemeanor  or  otfenee,  had  arisen  and 
heen  perpetrated  within  tlie  said  t-ounly  of  Albany. 

"  10.  Provided  always.  And  be  it  furtJier  enacted.  That  if,  any  time  here- 
after, the  justiers  to  he  appointed  tor  holding  courts  of  oyer  and  terminer 
and  geni'ral  goal  delivery,  for  the  said  county  of  Charlotte,  in  case.s  cog- 
nizahh'  Ix'fore  them,  or  the  justices  of  thegenei-nl  session  of  the  i)eacefor 
the  .said  county  of  Charlotte.,  in  eases  eognizahle  l)cdore.  them,  sliall  con- 
ceive that  any  prisoner  or  olfender  maj- he  safely  hroughl  to  justice  with- 
in, and  hy  a  Jury  of,  the  .said  county  ot  Charlotte;  that  then,  it  shall  and 
may  he  lawful  to  and  for  each  of  the  said  courts  resi)eelively.  to  proceed 
against,  and  try.  such  pi-isoner  or  otfender,  having  lawful  cognizance  of 
his  cause,  within,  and  hyaj'ury  of,  the  said  county  of  Charlotte  ;  and 
him  there  to  accp.iit  or  to  sentence,  condemn,  and  punish,  as  the  law  di- 
rects; anything  in  this  act  to  the  contrar};-  thereof  notwithstanding. 

''  11.  And  be  it  further  enacted  l)y  the  authority  aforesaid,  That  this  act 
shall  he  ])uhlickly  read  in  every  court  of  general  sessions  of  the  peace, 
to  be  held  in  each  of  the  saiil  counties  of  Albany  and  Charlotte  respec- 
tively. 

"•  12.  Andj  be  it  further  enacted^  l)y  the  authority  aforesaid.  That  this 
act  shall  remain  and  continue  in  full  force  and  eliect,  from  the  i)ass- 
ing  thereof,  until  the  first  day  of  January .,  which  will  he  in  the  year  of 
our  Lord,  one  thousand,  seven  hundred,  and  seventy-six." 

From  the  New-Hampshire  Gazette.,  Xo.  915. 
REMARKS,  &c.  on  some  late  laws  pas.sed  in  New-York. 

"His  excellency,  governor  Tryon,  in  conformity  to  the  addresses  of 
the  general  assemhly  of  tiie  colony  oi  New-York,  having  on  the  Uth  day 
of  March,  1774,  with  the  advice  of  his  council,  issued  his  proclamation, 
offering,  therein,  large  sums  of  money  for  the  jjurpose  of  apiirehending 
and  imprisoning  the  following  persons,  viz.,  EthanAllen,  Seth  Warner., 
Remember  Baker,  Robert  Cochrain.  Peleg  Sunderland,  Silvanus  Brown, 
James  Breakenridge,  and  James  Smith  : 

And  whekeas  his  excellency  the  governor,  by  the  same  proclama- 
tion, hath,  strictl}-,  enjoined  and  commanded  all  magistrates,  jnst ices  of 
the  peace,  .sherifls,  and  other  civil  ofHcers  of  the  counties  of  Albany  and 
Charlotte,  to  l)e  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  G(3r),  and  all  unpredjudiced  and  honest  men,  are  determined,  at 
all  events,  to  maintain  and  defend  the  same,  'till  his  majesty's  ])leasure 
shall  be  known  concerning  the  validity  of  the  New-Hampshire  grants — 
And  we  now  iiroclaim  to  the  public,  not  only  for  ourselves  but  for  the 
New-Hampshire '^ninteeii,  and  occupants  in  general;  that  the  spring,  and 
moving  cause,  of  our  opposition  to  the  government  of  iVec;- I'o/'A;,  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;  t"or,  it  appears,  by  a 
late  set  of  laws  jiassed  by  the  legislature  thereof,  that  the  lives  and  proj)- 
erty  of  the  New-Hampshire  settlers  are  manifestly  struck  at;  but,  that 
the  public  may  rightly  understand  the  essence  of  the  conti-over.sy,  we 


478  Appendix  I. 

now  proclaim  to  those  law-gi vers,  and  to  the  world,  that  if  the  New-York 
patentees  will  rtunove  their  i)a(eiits  that  have  been,  subsequently  lapped 
and  laid  on  tlie  New-Hampshire  charters,  and  quiet  us  in  our  pcjssessions, 
agreeable  to  his  majesty's  directions,  and  suspend  those  criminal  ]irose- 
cutions  against  us  for  being  rioters  (as  we  are  unjustly  denominated) 
then  willOur  settlers  be  orderly  and  submissive  subjects  lo  govern- 
ment; but,  be  it  known  to  that  desi)otic  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  he  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  oi-der  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  immeasura])le  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  theii'  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  Ainerica,  it  being  of  an  enormous  and  monstrous  birth; 
nor  is  it  supposed  to  give  the  legislators  their  full  characters:  but  so 
much  maj^  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 

2(1.  PosiTiVKLY,  it  is  a  law  but  for  part  of  tlie  counties  of  Clmrlotte 
and  Alhony;  viz.  such  parts  tlicroof  as  arc  covered  witli  the  Nerv-llamp- 
s/m-e  chiirters;  aiul  it  is  well  known  those  grants  compose  but  a  minor  part 
«fthe  inhabitants  of  the  said  province;  and  we  have  no  representative  in 
that  nssembt}-.  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  oj)]iose  (that  which  they  c:dl  legal)  authority,  we  shall  be  ad- 
judged felons,  and  suffer  the  pains  of  denth;  and  tliat  same  fraternity  of 
plotters  knew,  as  well  as  we,  and  tlic  generalty  of  tlie  |)eoph'  in  the  ad- 
jacent colonies,  that  they  have  for  a  number  of  years  last  past,  endeav- 
ored to  exercise  such  a  course  of  whnt  they  call  l:iw,  that  iiad  tliey  not 
been  opposed  by  the  ]ieople  of  these  grants  (caUed  the  mop.)  in  tlu»  exe- 
cuting the  same,  they  would,  liefore  this  time,  have  been  in  ))ossessiou 
of  that  territory,  for  which  the  laws  aforesaid  are  calculated.  Therefore 
the  case  stands  thus:  If  we  oppose  civil  otlicers.  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  delending  our 
pro])erty;  we  are  likewise  adjudged  felons.  In  line,  every  opposition  to 
their  monai'chial  government  is  deemed  felony,  and  at  the  end  of  ever}' 
such  sentence,  there  is  the  word  dI'^vtii!  And  the  same  laws  further 
impowered  the  respective  judges,  provided  any  jiersons,  to  the  number 
of  three  f»r  more,  that  shall  oppose  any  magistrate,  or  other  civil  otTicer, 
and  be  not  taken,  tiiat  after  a  legal  warning  of  seventy  days,  if  they  do 
not  come  and  yield  themselves  up  to  certain  otlicers  a])pointed  for  the 
purpose  of  securing  them;  then  it  shall  be  lawful  f(jr  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  jierson,  or  country  of  persons,  are  cowards  in- 
deed, if  they  cannot,  as  manfully,  fight  for  their  liberty,  projjcrty  and 
life,  as  villains  can  do  to  deprive  Ihcm  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/VJ.se.  As  to  assuming  judicial  powers,  we  hare  not,  except  a  well-reg- 
ulated combination  of  the  jteople  to  defend  Iheii-  just  rights,  may  be 
called  so.  As  to  forming  ourselves  into  military  order,  and  assuming 
military  commands,  the  Neto-York  jiossies,  and  militar}-  prei)arations, 
oppressions,  &c,  oblif/ed  us  to  it.  Probal)ly  Mess.  Dunne,  Kemp,  and 
Banyar,  of  New-York,  will  not  discommend  us  for  so  expedient  a  prep- 
aration; more  especially  since  the  decrees  of  the  Oth  of  March,  are  yet 
to  be  put  in  execution:  and  we  flatter  ourselves,  upon  occasion,  we  can 
nuister  as  good  a  regiment  of  mark's-men  and  scalpers  as  America  can 
atibrd;  and  we  now  give  the  gentleman  above-named,  together  with  Mr. 
Brash,  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  i)urpose,  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  ])ossibly  can,  thro' 
their  administi-atiou  mid  influence;  and  Ihal  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  tliat 
they  are  the  tools  of  those  extravagant  law-makers;  and  it  nmst  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  lieen  speaking  of,)  to  be  tvrUten  in 
blood.  But  our  modern  DraGo''s  determine  to  have  theirs  verified  in 
blood.  They  well  know  we  shall,  more  than  three,  nay.  more  than  three 
times  three  hundred,  assemble  togethei",  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  jjossess  that  which  Che- 
moth^  thy  God,  giveth  thee  to  possess T^  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  vicinit}^  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  Mor.,  but  to  defend  our  just  rights  and 
properties.  We  apjieal  to  the  geutlemen  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  jealous}',  that 
some  of  them  may  be  induced  (to  recommend  themselves  to  those  on 
whom  they  are  dependant,  and  for  the  wages  of  uniighteousness,  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  ])rovided  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  w^e  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 
yreeji  mountain  boys;  for  our  lives,  liberties  and  properties  are  as  verily 


Appendix  I.  481 

jirecious  (o  us,  as  to  any  <>t'  {\\c  kiiiic's  sul)jcfts:  ami  uc  art'  as  luyal  to 
his  majosty  or  his  <j;ovt'inmt'nt,  as  any  subjin-ts  in  the  province:  but,  if 
the  goveriiniental  authority  of  Ne'f-York  will  Judijje  in  their  own  case, 
and  act  in  opposition  to  that  of  Gn.'(U-Brlt<un,  and  insist  upon  kulUmj  ns, 
to  take  possession  of  our  ''vineyards.'"  -  come  on.  we  are  ready  for  a  i^anie 
of  scalping  with  them;  for  (uw  martial  s|)ii-ils  ulow  with  hitlei-  iiidiuna- 
tion,  and  consunuiiate  fury,  <•>  blast  llu'ir  infernal  |)rojections. 

It  may  l)e,  the  reader,  not  liaviinj,seeii  the  law  refeired  to  in  this  piece, 
and  not  beinii  thoroughly  actpiainted  with  the  lonij;  and  spirited  couHict 
that  hath  subsisted  between  the  claimants  under  Sew-Uatniishire  and 
Neic-Vork,,  nor  of  the  jjrogressive,  arbitrary,  and  mouoiioliziiiLT  disposi- 
tion of  the  court  party  of  (he  latter  of  those  provinces  ;  may  be  a])t  to 
imagine  thai  the  spirit  of  tiiis  writing  is  too  severe,  inasuuich  as  it  des- 
tin*'s  whoever  presumes  to  take  us  as  felons  or  rioters,  to  immediate 
death;  but  let  the  wise  consider  the  state  of  the  cause. 

1.  Pkovided  we  on  our  ])art  bo  taktm,  we  have  by  tliein  laws  the  sen- 
tence of  death  already  ))ronouuce(l  against  us,  on  proviso  more  than  three 
of  us  assemble  together  to  niaintain  and  defend  our  property,  till  his  ma- 
jesty determines  the  controversy.      And, 

2.  M.\Y  it  be  considered,  tliat  the  legislative  aulliorily  of  llu'  pr(>\iiice 
of  New- York  had  no  constitutional  right  or  power  to  make  such  hiws  ; 
and  consequently,  that  they  are  null  and  void,  from  Ihe  nature  and  en- 
ergy of  the  ^;iY/Es7i  constitution;  therefore  as  they  m(!rit  no  place  among 
the  laws  of  the  realm  of  Gredt-Britain,  but  are  the  arbitrary  league  and 
combination  of  our  bitter  and  merciless  enemies,  who,  to  ol)tain  our  ])ro- 
perty,  have  inhumanly,  barbarously,  and  maliciously,  under  the  specious 
and  hyi)ocri1ical  pretence  of  legal  authority,  and  venei-ation  for  order  and 
government,  laid  a  snare  for  our  lives  ;  can  the  public  censurt^  us  for  ex- 
erting ourselves  nervously  to  preserve  oui' lives,  in  so  critical  a  siluationV 
For  by  the  laws  of  the  ])rovince,  into  which  we  are  unfortunately  fallen, 
we  cannot  be  protected  in  either  properly  or  life,  except  we  give  up  the 
former  to  secure  the  latter:  so  we  are  resolved  to  maintain  both,  oi-  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)  l)y 
the  highest  authority  in  the  province  to  which  we,  at  present,  Ixdong  ; 
therefore,  in  the  interim,  while  his  majesty  is  determining  the  conti-o- 
vers}',  and  till  he  shall  interpose  his  royal  authoi'ity,  and  suliject.  tht;  au- 
thority aforesaid  to  their  duly,  or  re-annox  the  district  of  <lis])uted  lands 
to  the  province  of  J\'^e?t'-^/«7i/ji>.s/m-e,  or  someway,  in  his  great  wisdom, 
and  fatherly  clemency,  put  the  distressed  settlers  under  New-IIanip.sJure 
on  an  equal  footing  with  our  brother  subjects  in  his  realm;  we  are  under 
necessity  of  resisting,  even  unto  blood,  every  pt!rson  who  may  attempt 
to  take  us  as  felons  or  rioters  as  aforesaid;  for  in  this  case  it  is  not  resist- 
ing law,  hut  only  opposing  force  by  force  ;  therefore,  inasmuch  as  by  the 
oppressions  aforesaid,  the  iVe«J-7ia>n^>.s7(,i>e  settlers  arm-educed  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  EiH/JiNhinen. 
Signed  per  ETHAN  ALLEN, 

SETII  AVAllNEK, 
llEMEMBEPt   UAKEII, 
11()]}ERT  COCKRAN. 
PELEG  SUNDERLAND. 
JOHN  SMITH, 
SILVAN  US  BROWN, 
Benninglon,  April  2(;,  1774. 


y 


482  Appendix  I. 

"  When  C(i  sar  reigiuMl  kiii^  at  Rome  ' 
St.  J'dul  was  sent  to  liuai'  liis  doom  ; 
But  Roiwia  laws,  in  a  criminal  case, 
Must  have  the  accuser  face  to  face, 

Or  (Jaisar  giv(!s  a  Hat  denial. 

Hut  here's  a  law  made  now  of  late; 

Whicl)  d(;stines  men  to  awful  fate, 

And  hangs  and  damns  without  a  trial. 

Which  made  me  view  all  nature  through, 

To  tind  a  law  where  men  were  ti'd, 

By  legal  a(;t  which  doth  exact 

Men's  lives  before  they're  try'd. 

Then  down  I  took  tiie  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, 

CONTAINING  conclusive  arguments  in  favor  of  the  validity  of  the 
New-Hampslilre  ixvanifi  to  the  westward  ot  Co)i)iecticut-viver;  setting 
forlii  the  injusiiee  and  invalidity  of  the  iVeiu-l'orA' subsequent  interfer- 
ing grants,  with  observations  on  the  jurisdictions  of  the  [rejspective 
governments  to  tliose  lands.  And  remarks  on  tlie  state  of  the  right  of 
the  colony  of  JS^eic-York,  &c.  And  on  the  narrative  ot  the  proceedings 
subsequent  to  the  royal  adjudication,  concerning  lands  to  the  westward 
of  Gonnecticut-r'wi'.r.  &c.  published  at  their  sessions,  1773. 

The  Appendix  was  written  by  the  wi-iter  of  the  Vindication  [Ethan 
Allen]  to  which  this  is  annexed,  and  was  printed  at  Hartford,  [Conn.,] 
by  Ebenezer  AVatson,  (deceased,)  23d  September,  1774. 


SECTION  I. 

AS  the  claimants  under  New-Hampshire  rely  on  their  charters  from 
that  government  as  the  piedicate  aiul  ground  of  their  title  to  the 
X?^  projjcrty  of  the  land  in  contest;  so,  on  the  other  hand,  the  claimants 

>  nmXiiV  Nei€-York,  predicate  and  ground  their  title  to  the  same  land  on 

the  validity  of  their  patents  fi'om  New-York:  This  brings  the  point  in 
issue  between  the  respective  claimants  to  this  single  question,  namely. 
Which  of  the  said  guvernments  conveyed  the  fee  of  the  land  in  contest  f  For 
it  is  selt-evident  butli  could  not.  And  upon  exploring  the  controversy, 
and  animadverting  on  tlie  merits  of  the  dilferent  claims,  be  it  which  it 
will  that  may  be  allowed  to  stand  the  test,  and  adjudged  valid,  it  will  of 
necessity  invalidate  the  othi'r.  In  the  discussion  of  this  subject,  and 
searching  int(j  tlie  merit  of  the  res{)et^tive  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  rigiit  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  ditferent  footing, 


Appendix  T. 


8:^ 


viz.  by  cunveyaiict'  from  \hv  C'louii;  yi't.  il'  it  l>o  couctMK'd  to.  ivimI  [■Ins; 
Charles  savo  to  his  ln-r>tli»M-  Janus  duke  of  York-,  the  f('<>  of  i ffL  lJri(]s 
west  of  Connecticut-r'wfr  to  tlic  lieatl  ai'  Dclaifare-liai/;  and  allow  inix  tlio 
fee  to  1)11  still  ve.'^ti'd  in  him.  his  lu-irs  or  assiu;ns,  upon  this  hypotiicsix  no 
jierson  in  tlu-  province  of  New-York  hath  the  fft>  or  projierty  of  the  l;ind 
they  })ossi'ss,  the  fee  remaiiiiuL!;  the  pro])erty  of  the  duke  of  York,  his 
heirs  or  assiu;ns.  And  further,  upon  the  same  principle,  those  identical 
])atents  un(h>r  the  seal  tA'  JVeio-York,  which  were  laid  on  the  Neir-Jfanij)- 
.shire  ijrants,  are  in  their  own  nature,  ecpially  null  and  void,  with  all 
other  conveyances  of  land  in  the  said  province  which  have  Ix-en  ^iven 
by  the  crown,  the  fee  thereof  liein?;  vested  in  the  duke  of  York,  iVrc. 
So  that  the  grantees  under  Xeio-York  and  Nec-IIanipsliire  are  both, 
upon  this  slatiusi-  "f  the  case,  eipially  destitute  of  the  fee  of  tlu-  land 
contested  for:  JJut,  upon  this  slalini;',  the  ijrautees  un<ler  Xeir-Ifamp- 
shire.  liave  the  argument  of  settlement,  and  occu|)ati<Mi.  and  possessiou. 
on  their  side;  whi(di  is  abnndantly  sutlicient  to  tjive  the  pii(»rity.  and 
jireference  of  title  to  them;  so  that  neither  the  ijoveruinent  of  Ncn:- 
York  ov  their  patentees,  train  anythiui,'  by  buildiu>JC  iheir  title  on  the  said 
2;rants  to  the  duke  of  York;  for  if  thei-e  be  anythini;  in  it,  it  defeats 
their  own  title  as  well  as  that  of  yeic-Ifatnpshire,  provinij  too  much  for 
their  purpose,  or  nothing  at  all.  But,  if  the  lands  contained  in  the  duke 
of  York^H  grant  reverted  back  to  the  crown,  then  the  duke  of  York's 
patent  became  (extinct,  null,  and  absolutely  void,  and  is  as  ihouirh  it 
never  had  been;  whether  the  said  reversion  hapjjened  in  consequence 
of  the  said  duke's  abdicating  tlu;  tliroue — turning  pa])ist,  or  by  any  for- 
mal surreiidery,  or  by  any  means  whatever.  Provided  the  fee  became 
revested  in  the  (trown,  then  the  said  chart ei-  became  extinct,  as  afore- 
said; so  that  whether  the  fee  of  the  land  in  dispute  still  remains  in  the 
said  duke  of  Yoi-k,  his  heirs  or  assigns,  or  icverted,  or  was  sui'rendered 
to  the  crown,  none  of  all  this  will  in  the  least  justify  the  govei-nmeiit  of 
New-York  or  its  ])atentees,  in  founding  llu-ir  pretensions  of  title  to  the 
land  aforesaid,  by  virtue  of  the  aforesaid  grant  from  king  (Jharles  to  the 
duke  of  York.  For,  take  the  argument  one  wav.  and  it  overturns  both 
the  title  of  New-York  and  New-Hampshire  also,  leaving  the  latter  in 
occupation  and  possession  of  the  disputed  jiremises,  and  that  only,  being 
intirely  destitute  of  the  fee;  and  the  New- York  claimants  destitute  of 
the  least  colour  of  title  whatsoever.  IJnt.  take  the  argument  the  other 
way,  viz.  Provided  the  fee  of  the  lauds  aforesaid  reverted  and  been 
revested  in  the  crown,  then  the  said  lands  at  the  time  of  first  Lrranting 
were  crown  lands  the  same  as  though  the  duke  of  York  had  never  ex- 
isted. But  the  truth  of  the  matter  undoubtedly  is  this,  tin;  under  pro- 
prietoi-s  all  except  WiUiam  Penn,  who  had  the  several  countries  paicelled 
out  to  them  b^-  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  govei-nor  of  ^^e*r- 
Uampshire,  as  well  as  New-York,  crown  oilicers,  oi-  king's  agents,  and  it 
is  of  no  consequence'  to  the  king  which  of  his  governors  grants  his  laud, 
if  so  be  Ihey  be  granted  to  and  settled  by  loyal  and  industrious  subjects, 
thereby  adcling  to  the  revenue  of  the  crown  and  eidargiug  and  strength- 
ening the  kingdom.  This  being  i)resupposed,  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  lauds, 
paid  one  of  the  oflicers  for  granting  the  same,  and  exi)ended  Iheir  all, 
in  settling  and  cultivating  his  majesty's  wilderness  land,  and  who  are 
truly  loyal  subjects,  be  turned  oft'  the  said  land  by  thousands,  and  re- 
duced to  starving  poverty,  together  with  their  numerous  families,  bec-ause. 


f^H 


^^'^i   i  Appendix  I. 

one  ol'  I  he  cnnvn  otHeers  uitlier  igii(»r;iatly  or  desiguinsly  imposed  u])ou 
the  people  by  granting  crown  lands  over  his  bounds?  This  would  be 
extreme  wrong,  the  more  so  as  it  cannot  be  supjjosed  that  the  subjects 
are  capal)le  Judges  of  the  jurisdiction  of  govei'uments,  and  conse- 
quently there  sliould  be  the  greatest  (%'ire  taken  to  guard  the  suljject  from 
injury  in  all  cases  of  this  nature;  the  truth  of  which'  will  moi-e  i'ully  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  hypotiiesis,  neither  king  nor  subject 
would  sustain  damage  :  Indeed  no  person  in  the  realm  could  have  just 
cause  of  comi)laint.  True,  the  respective  governors  of  ^ew-l'o/'A;  may 
insinuate,  that  upon  this  state  of  the  case,  tlie  governor  of  New-Haiiiy- 
skire  has  cheated  them  out  of  their  fees  for  granting  the  said  lands — 
though  it  is  evident,  if  crown  otticers  are  faithful  to  the  king  and  sub- 
jects, they  could  take  no  more  money  for  granting  crown  lands,  th;in  a 
reasonai)le  compensation  for  their  trouble,  and  the  other  governor's  being 
supposed  to  grant  the  lands,  saves  the  said  governor  ot  New- York  the 
trouble;  so  that  the  argument  is  brought  to  this  single  point  only  at  last, 
tiiat  upon  supposition  the  governor  of  New-HampsJiire  exceeded  his 
proper  limits  in  granting  those  lands,  yet  neither  king  nor  subjects  are 
injured,  (provided  the  claimants  under  New-Hwiipsldre  hold  the  fee  of 
the  said  land  as  above)  exce])t  the  governors  of  New-York,  and  if  they 
be  supposed  to  be  honest  men,  the  trouble  of  granting  the  land  vvould  be 
equal  to  their  fees  had  the}'  granted  it;  so  that  they  have  not  been  in- 
jured a  wliit  more  in  this  case,  than  they  be  supposed  to  have  injured 
"the  sul)jects  by  taking  exorbitant  fees  for  granting  the  same  lands; 
wdiich  to  tliem  is  no  iujuiy  at  all,  but  a  providential  check  to  the  exer- 
cise of  their  avarice.  So  that  the  respective  governoi-s  of  New-York,  in 
an  equitable  sense,  are  no  loosers  in  this  affair,  or  at  most  the  privileges 
would  be  so  very  inconsideralde  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  dis^jossessed  of  the  lands  aforesaid.  This 
seems  to  be  the  genuine  se(iuel  of  the  argument,  even  upon  the  Yorkers 
own  stating  it. 

SECTION  II. 

IT  is  not  conceded  to  on  the  part  of  the  claimants  under  New-Hamp- 
shire, tliat  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  rejjuted  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  17(34,  when,  b}'  i-oyal  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  jurisdiclion  but  twenty  miles  to  the 
eastward  from  i/wdson's-river.  So  general  w^as  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  un}n-ejudiced 
and  accurate  geographer  Mr.  Mitchel,  in  liis  map  composed  so  late  as  the 


Appendix  I.  485 

year  1755,  which  willi  <jreat  i)r()|)riotv  and  c-orlaiiily  ascertains  the  same 
limits.  This  ma])  has  tlic  moi"o  autliority  as  it  was  acconlinL;  to  tlic  ccr- 
tilicule  of  Mr.  l'oiv)ial,  scci'ctaiT  to  the  Itoard  of  trade,  and  was  nnder- 
tal<:en  with  the  approhation  and  at  tiie  reipiest  of  tlie  lords  commission- 
ers for  tra(U'  and  plantation,  and  is  chietl}'  composed  from  drani^hts. 
cliarts,  and  actual  surveys  of  ditl'erent  parts  of  his  majesty's  colonies  and 
plantations  in  America,  i^reat  jiart  of  wliich  have  been  since  taken  l»y 
their  lordships'  orders  and  transmitted  to  tiic  ofMce  of  tlu-  governors  of 
said  colonics.  This  twenty  mile  line  was  so  far  from  being  deemed  un- 
favorable to  New-York,  that  we  find  the  commissioners  from  that  i)rov- 
ince  so  late  as  the  year  17()7,  made  an  otVer  to  those  of  the  Mdtisavhnsetl- 
Baij  to  let  a  line  of  twenty  miles  distance  i-ast  of  ./f?/(?.son's-river  I)e  the 
division  Ix^tween  their  resjiective  ])rovinces,  which  the  latter  commission- 
ers would  not  then  agree  to  it,  being  tiiouglit  by  them  too  nuicli  in  liivor 
of  JSfein-  York,  so  little  it  se(>ms  did  Xem-  York  commissioners  conceive 
their  claim  as  far  as  (.V>)))tec(/c»^river  could  be  snitjiorted. 

Tliouoii  it  is  ti'ue  in  the  year  1771  tlu>  i)rovincc  of  New- York  by  a 
public  act  of  their  general  assembly,  did  annex  all  that  ]iart  of  the  prov- 
ince of  Mie  3fassachi(setffi-Bay.  to  the  westward  from  ('on)ie(-ticut-r\\i.'r, 
to  their  county  of  AUxuiy;  and  it  is  lii<ewise  true  that  in  the  year  177."5, 
the  governors  of  the  resjjective  provinces  met  at  JIarf/ord,  in  Connecti- 
cut, and  came  to  a  mutual  agreement  to  settle  that  line  at  twenty  miles 
distance  eastward  from  /i«rZ,s-o>i"s-river,  which  was  the  h3'jv>thcsis  of  liiat 
settlement,  which  hath  since  been  ratilh'd  by  his  majesty. 

The  rejiort  of  the  lords  commissioners  for  jjlantatiim  atVairs  in  lloH, 
states  the  following  facts,  from  which  is  necessarily  inferred  that  New- 
Hampshire  extended  its  jurisdiction  to  the  westward  of  t'o)niecticti(- 
river, — "'There  are,  says  their  lordships,  about  ()0,()()0  acres  oi  land  situ- 
ate on  the  west  side  of  Connecticut-viyw,  which  were  i)urchased  by  jiri- 
vate  persons  from  Connecticut,  to  whom  the  land  had  been  laid  out,  by 
the  government  of  tln^  MassacJaisctts-Jiai/  as  an  c(juivalent  foi-  two  oi' 
three  townships  which  the  latter  ])urchased  from  the  former.  This  tract 
ot  land  by  the  determination  of  the  boundary  line  between  the  ju'ovin- 
ces  of  Neir- Hampshire  and  the  J\lassacliusetts-Ba!i  in  17.">9  is  become  a 
part  of  New-Hampshire.'' — Thus  we  have  their  lordships' sentiments  that 
the  jurisdiction  of  Neiv-Hampshire  extended  over  part  of  the  very  lands 
in  contest,  westward  of  Connecticut-r'wi^r,  as  long  ago  as  the  year  173i>, 
at  which  time  New-)'()rk  never  dreamed  of  extending  their  claim  to 
Connecticut-river. — There  is  another  glaring  and  indisputable  evidence 
of  the  former  western  extent  of  Neir- Hampshire,  viz.  Relative  to  fort 
Hummer  which  was  built  b}'  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  17oi»,  ihe  />«//  i)rovince  represented  to  the 
government  at  home,  that  the  said  district  of  land  and  fori  Dummer. 
having  been  determined  to  be  the  property  of  New-Hampshire,  they 
were  no  longer  obligt;  to  garrison  and  maintain  it,  and  ])raying,  that  as 
it  was  necessary  to  the  (lefence  of  the  country,  that  New-Hamjtshire 
might  be  directed  to  support  it.  In  conscijuence  of  which,  an  order 
l)assed  the  king  and  council  in  1744,  that  the  governor  and  commandi'r 
in  chief  of  Nev>IIam]ishir(  sIkhiM  forthwith  move  the  assembly,  in  his 
majesty's  name,  to  make  a  proper  ])ro\ision  for  that  service;  and  at  the 
same  time;  informing  them  that  in  case  they  refused  to  comply  with  so 
reasonable  and  necessary  a  ])ro]iosal,  his  majesty  would  tinri  himself 
under  a  necessity  of  restoring  that  fort,  with  a  |)roper  district  of  land 
contiguous  thereto,  to  the  province  of  the  3fassachHsetts-Jia>/,  who  can- 
not with  justice  be  re(|uire(I  to  maintain  a  fort    no  longer  within  their 


486  Appendix  I. 

boundary.  In  consequence  of  this,  New-Hampshire  did  maintain  tliis 
lort,  and  paid  a  demand  of  arrears  for  its  maintainance,  to  the  ifo.s.srt- 
cJm sells- Hay.  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  govennnent  of  New-Hampshire,  by  the  royal 
decree,  was  o1)liged  to  maintain  fort  Bummer,  and  it  being  on  the  west 
sid(!  of  Conneclicut-Y\\in',  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 
Neiv-Hampsliire  and  ordered  them  to  defend  it,  as  by  maintaining  fort 
Dmnmer,  &c.  Surely  at  that  time  New-Hampshire  did  extend  its  juris- 
diction westward  of "^Co?i)?ecfe'cu(-river;  otherwise  the  king  had  ordered 
the  govei'ument  of  New-Yoik  to  have  maintained  fort  Dummer.  Noth- 
ing can  be  moi-e  tiagrantly  evident  than,  that  the  government  of  New- 
Iluhipshire  had  a  riglit  to  grant  crown  lands  where  the  crown  comi)elled 
Iheni  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  govei'nment  oi  New- York,  in  regranting  the  same  land, 
acted  quite  the  reverse,  and  the  more  unjiardonably  so,  as  they  granted 
great  jiart  of  it  in  open  defiance  to  his  majesty's  authority  manifested 
unto  them  by  his  express  i)rohibition,  dated  the  24th  day  of  Jnly  1707. 

Fkom  what  has  been  already  elucidated  it  appears,  that  the  adminis- 
tration of  Greal- Brilain  had  adjudged  in  17.'?9  and  confirmed  in  I7y5,  that 
the  government  of  New-Hamjjshire  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  liis  maj- 
esty or  reports  of  the  lords  of  trade  had  l)efore  particularized  how  far 
the  government  of  New-Hampshire  should  extend  west  of  Connecliciit- 
river:  but  such  determinations  of  theirs  mightily  strengthened  the  com- 
mon oi)inion,  nay,  fulJy  confirmed  it,  that  that  government  extended 
westward  to  a  twetity  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  (Jonneclicut-nver  and  the  twenty  mile  limit  aforesaid;  nor  had 
they  any  ajjprehension  that  the  government  of  New-Hampshire  would 
extend  to  the  westwaid  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  Neu^-York  for  grants  of  those  lands,  till  after  the 
alteration  of  jurisdiction  in  17(M,  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  antecedentljf  impower  the  government  of  New-York  to  grant 


Appendix  I.  4H7 


them  lands,  which  by  royal  adjudication  of  the  line  of  jurisdiction  l)c- 
twecu  New-Hampshire  and  Massdrlinsett.s-Jifu/,  tell  williin  the  yovcrn- 
nicnt  of  JScw-llaiiipshire  in  17.V.).  as  alorcsaid.  However,  lor  ar;,'unicnt 
only,  wc  will  suppose  the  iioveinnu'nts  of  ^en-Ilnnipahire  and  Neir-i'ork 
had  each  of  them  equal  authoiily  to  grant  those  lands — then  on  this 
stating  the  case,  prior  granting  would  of  consiMpience  he  priority  of  title. 
The  lirst  conveyance,  ujjon  this  hypothesis,  being  good  and  valid  both  in 
law  and  equity.  nujsL  necessarily  defeat  any  suliseiiuent  grant  irom  the 
crown  or  its  representatives,  being  as  authentic,  to  all  intents  and  pur- 
poses, as  any  conveyance  of  the  fei^  of  land  from  the  crown  can  possibly 
be. — Thus  it  appears  upon  this  most  iavorable  cdnccssion  to  those  on  the 
part  of  iVe(r-}'oy/>-,  tliat  the  argument  pre])on(lerates  in  favor  of  the  claim- 
ants under  Xeir-ITanipsJiire,  as  their  grants  are  jirior  to  those  of  A'e"'- 
York,  (except  in  the  instances  of  the  old  patents,  yet  to  be  considci'ed.) 

FuRTHKiiMOHE,  it  appears  b}'  the  express  words  of  llit;  Netc-Uainp- 
s//i)'e  grants,  that  the  grantees  were  not  only  entitled  to  the  fe(M)f  the  . 

lands  therein  described,  but  also  to  all  the  enfranchisements,  and  each  p"  | 
and  every  of  the  privileges  and  immunities  that  by  law  his  majesty's 
sul)jects  in  the  province  of  New-Uamjiskire  enjoy;  so  that  at  the  same 
time  the  grantees  wiu'e  vested  with  the  fee  of  tin;  land,  they  were  en- 
franchised with,  and  entitled  to  all  thi^  ])rivileges  and  imnumities  con- 
tained in  their  charters;  as  the  holding  of  fairs,  choosing  town  officers, 
and  making  and  mending  their  own  roads,  &C.  It  is  therefore  lunnbly 
conceived,  that  provided  it  should  be  the  future  ])leasure  of  his  majesty, 
to  continue  the  said  lands  in  the  jurisdiction  of  Ae/r-lorA-,  (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. 

SECTION   HI. 

FROM  the  facts  and  reasons  that  have  been  advanced  in  the  foregoing 
sections,  it  manifestly  a])])ears,  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  conth'm 
and  establish  this  title  beyond  hesitation.     As, 

FlllsTLY,  The  far  great  part  of  the  extent  of  jurisdiction  of  llie  piov- 
ince  of  New-York,  and  great  ]iarf  of  Neir-Uampsliire,  dcj)cnded  entii-ely 
on  his  majesty's  pleasure,  being  wholly  in  the  ai'bitration  of  the  ci'own, 
to  be  either  curtailed  or  extended.  The  real  grant  on  which  the  original 
circumference  of  the  governmeni  of  New- Hampshire  founded,  ex- 
tended but  sixty  miles  from  the  sea  Inti)  ttie  country,  to  the  westward, 
terminating  al)out  twenty  miles  east  of  Coanecticut-v'wvr.  This  govern- 
ment was  afterwards  enlarged  b\-  his  majesty's  commission  to  ISenniny 
Wentuoorth,  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  Massachuselts-Jlay  in  IT.'W,  and  report  of  the  lords  of  trade  in 
1755,  and  many  other  aiguments  mentioned  in  this  and  the  foregoing 
sections,  all  on  the  part  of  iVe((;-//m»jj,s7a(Y',  amount  to  suflicieni  evidence 
that  their  government  extended  so  far  west  as  twenty  miles  eastof //ufZ- 
sou's  river.     And  with  respect  to  the  province  of  New- York,  its  original 


I 


488  Appendix  I. 

northern  circumference  terminated  south  of  the  city  of  Albany,  and 
afterwards,  as  ])lantations  are  [were]  extended  northerly,  either  on  ]y.\- 
tenls  ])rocured  innnediately  from  the  crown  or  government,  or  meer  set- 
tlements on  extra-provincial  lands,  commissions  from  the  king  to  tlu^ 
respective  governors  were  enlarged,  as  in  the  exami)le  following,  viz. 
'  A.  M.  Esq;  captain  general,  governor  and  commander  in  chief  in  and 
ovei-  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  oi- 
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  jjublic  determinat.ioDS  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  Conneclicui-v'w kiv ,  which  includes  the 
disputed  premisc^s  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  j^roclamation  would 
have  been  needless  and  impertinent.  The  truth  of  the  matter  is,  his 
majesty,  in  1789,  determined  New-Hampshire  government  should  cover 
the  present  dis])uted  premises  ;  he  altered  his  determination  in  1704, 
whereby  New- York  extended  its  territories  over  the  same  land.  And 
the  king  has  an  undoubted  rigid,  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 
Neio-York  to  extend  to  the  west  banks  of  Connecticut-r\\'(ii\  as  its  eastern 
boundary,  is  the  very  height  of  iblly.  It  was  in  the  nature  of  things 
absolutely  impossible  his  majesty  himself  should  have  known  that  to 
have  been  the  case  the  moment  befoi-e  he  determined  it,  and  equally 
inconsistent  that  the  subjects  should  know  it  before  his  majesty  pro- 
claimed it. 

FuRTHERMOHE,  it  apjiears  by  the  rejjresentation  which  was  laid  be- 
fore his  majesty  b}'  Lieutenant  governor  Colden,  as  an  inducement  to 
prefix  the  \vest  banks  ot  Connecticut-river  [as]  the  eastern  boundaiy  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 
Nev)-York;  which  arguments  are  incompatible  with  the  idea  of  antece- 
dent right  of  jurisdit-tion.  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  Avest  banks  of  Conneclicut-v'wer;  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  s(til.  In  royal  governments,  it  is  true,  the  governors  have 
a  delegated  authority  trom  his  majesty  to  grant  crown  lands;  and  in 
such  governnents  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  wliich  it  fornu'rly  was,  and  nn  tlie 
faith  of  which  the  chiimants  under  tliat  government  purdiased  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  tnay  discern 
to  be  best  for  the  governed  :  But,  upon  such  alterations  of  jurisdiction, 
private  property  is  never  changed  or  subverted.  For,  if  the  properly 
of  the  subject  be  in  the  arbitration  of  the  crown,  and  liable  to  liu-  same 
vicissitudes  and  changes  with  jurisdiction,  tliis  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  ')f 
the  rightful  owner. — Kings  and  governors  (in  the  kingdom  of  Great- 
Britain)  cannot  intermeddle  therewith.  There  is  indeed  as  mucii  differ- 
ence between  the  change  of  jurisdiction,  and  transfering  tin;  pro])erty  of 
the  subject,  as  there  is  between  liglit  and  darkness,  alt  hough  since  the 
said  royal  adjudication  in  17()4,  \Uc  Xciv- Yorkers  have  enileavored  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  imiiutation  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  f 
not. 

sectio:n^  IV. 

ALTHOUGH  the  arguments  contained  in  the  foregoing  sections  are  " 
full  and  conclusive,  relative  to  the  nullity  and  nothingness  of  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  an}'  manner  of  title  to  the  land  in  contest,  by  predicating  it  on  the 
validity  of  that  grant,  yet  the  general  assembl}^  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  fnlly  to  invalidate,  and  apparently  demonstrate,  to  every  cajiable 
judge,  the  utter  insufficienc}'  and  defeat  of  title  to  those  lands,  by  con- 
veyance from  the  government  of  New-York,  that  the  grant  of  [to]  the 
duke  of  York  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. 
'^/"^HARLES  the  second,  by  the  grace  of  God,  King  of  England,  Scot- 
v.^  land,  France  and  Ireland,  defender  of  the  faith,  »S:c.  To  all  to 
"  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. 

'■'■America;  and  from  tlience  extending  along  the  sea  coast,  unto  a  cer- 
"tain  place  called  Petuaguine  or  Pe'inaquid,  and  so  u])  the,  river  thereof 
"to  the  furtherest  head  of  the  same,  as  it  tendeth  northwards;  and  ex- 
"  tending  from  the  river  of  Keueheque,  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  Matowucks  or  Long- 
'■'•  Island,  situate  and  being  towards  the  west  of  Ga'pe-Cod;  and  the  JSar- 
'■'■  row  Highgansetts,  abutting  upon  the  main  land;  between  the  two  riv- 
"  ers  there  called  or  known  by  the  several  names  of  Connecticut  and 
"  JErMC?son''s-river,  together  also  with  the  said  river  called  Hudson''^,  and 
"  all  the  lands  from  tlie  west  side  of  Connecticut-v'wav^  to  the  east  side  of 
*'  Delaware  bay:  and  also,  all  those  several  ishinds,  called  or  known  by 
"  the  name  of  Martin's  [Martha's]  Vineyard,  and  Nantuckes,  otherwnys 
"  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." 

It  appears  from  the  sequel  of  the  representations,  narratives  and  ar- 
guments contained  in  the  New-York  i)amphlet,  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  hypothesis  is,  that  the 
jurisdiction  of  their  government  from  the  tirst  establishment,  was  jjred- 
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-Hamjishire ;  and,  that  that  g(jvernment  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  theii'  title  to  those  lands.     Here 

FiKST,  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,  rernaquid,  tht;  river  Kenebeque,  and 
the  islands  known  by  the  name  of  Martinis  Vineyard,  Nantucket,  &c. 
All  these  countries  lying  east  of  Connecticut-r\ver,  and  within  the  actual 
jurisdiction  ot  the  provinces  of  the  Massachusetts-Bay.  New-Hamjjshire, 
&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  jiart 
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  supjjort  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  an}'  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  17G4,  as  may  appear  from 
the  royal  order  i„self,  an  extract  of  which  is  as  follows:  "His  majesty 
"  with  the  advice  of  his  privy  council,  doth  order  and  declare,  That  the 


Appendix  I  4fil 

"west  banks  of  the  river  Connecticut,  from  whence  it  enters  the  prov- 
"  ince  of  the  3Iassachusetts-Bay,  as  far  north  as  the  forty-llfth  (k-^rce  of 
"  northern  hititude,  to  be  the  boundary  between  tlie  said  two  proviners." 
That  parallel  of  latitude  is  also  established  its  northern  boundary.  TIk- 
source  of  Connecticnt-rivcr  is  supposed  to  be  something  to  the  northward 
of  latitude  forty-tive,  and  comes  much  from  the  north-east,  a  consid- 
erable distance  after  it  passes  that  latitude;  but  it  is  notoiious,  that  the 
source  of  Hudson  s  river  is  liir  south  of  it;  so  that  by  comparinjj;  the  de- 
scriptive limits  of  the  duke  of  York's  ij;rant,  with  those  expressed  in  the 
royal  order,  they  will  be  found  to  be  malerially  diflerent.  The  limit  of 
that  i)art  of  the  duke"s  grant  which  respects  the  j)reseut  arguments,  is  in 
tile  words  following:  "Together  also  with  the  said  river  called  Hudson  fi 
"  river,  and  all  the  lands  from  the  west  side  of  Connecticut-n\i.'V  to  the 
"east  side  of  i)e/««Y/7-e-bay;"  which  limit,  in  any  possible  construction 
of  it,  can  include  but  part  of  the  disputed  premises,  (wliich  said  i)rcm- 
ises  extend  and  are  bounded  on  the  forty-hfth  degree  of  north  latitude,) 
as  will  more  fully  appear  in,  a  further  discussion  of  that  line.     But, 

FiKST,  it  is  manitest  that  the  king  and  i)rivy  council,  in  detertijining 
the  extent  of  the  jurisdiction  of  the  province  oi  New- York,  did  not  pro- 
ceed upon  the  idea  of  that  governnu-nt's  having  any  antecedent  right 
of  jurisdiction  to  those  lands.  Had  that  been  the  case,  the  royal  order 
liad  been  predicated  on  the  boundary  lines  of  the  duke's  grant  aforesaid, 
and  could  not  have  comprehended  anj-  more  land  than  "  fi-om  the  west 
''  side  of  Connecticut-viver  to  the  east  side  of  2>e?c«care-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  al)undantly 
appear  by  the  following  observations  on  the  descriptive  lim.its  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  indetei-min- 
ate  bounds  before  spoken  of,  is  here  quoted;  which,  after  describing  the 
situation  o{ 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  ifw(?.son'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-r\v nv  to  the  east  side  of  Deluioare- 
"  bay."  The  best  mathematition  on  earth  cannot  ascertain  these  limits, 
except  upon  arbitrary  principles,  as  there  can  be  no  prelixed  place  on 
Connecticut-river  where  to  erect  the  first  bounds;  and  as  to  any  particu- 
lar place  on  the  "  east  side  of  Delaware-hay ,''^  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-ri\ev,  &c.  there  is  a 
little  better  foundation  to  establish  the  first  bounds  than  the  second.  It 
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  nortlierly  extention 
of  the  whole  stream,  to  make  the  first  bounds;  and  ])rovided  this  imag- 
inary bounds  should  extend  north  of  the  forty-fifth  degree  of  nortliern 
latitude,  it  would  so  far  exceed  the  settlement  of  the  line  in  17()4.  Be 
this  as  it  will,  the  most  northerly  part  of  the  river,  which  woidd  most 
likely  be  the  head,  would  be  the  most  favorable  on  the  i)art  of  Neiv-York, 
for  to  establish  a  first  bounds,  and  from  thence  to  extend  a  straigiit  line 
to  some  place  on  the  east  side  of  Delaware-hny;  this  is  something  of  a 
natural  construction,  on  the  undeterminate  descriptive  limits  aforesaid, 
without  exploring  Connecticut-viyei\   which   in  this  case  is   necessary. 


492  Appendix  I. 

And,  first,  in  tracing  said  river  to  its  source,  it  is  fotind  towards  its  e^i" 
tremity,  to  come  much  out  of  tlie  nortlieast.  This  being  the  case,  a 
straight  line  from  its  head  to  Delaware-\)2iy ,  would  cross  said  river  and 
include  a  large  tract  of  land  on  the  east  side,  and  perhaps  cross  the  river 
sundr}'  times.  The  consequences  may  be  drawn  thus,  that  where  the 
line  may  be  supposed  to  cross  the  last  time  ought  to  be  the  tirst  real 
north  boundary  of  the  "ancient  and  indisputable  "  limit  of  Jurisdiction 
of  Neio-York.  Foi-,  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  boundar}'  of  Neic-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  Cow<.ec<fcui-river,"  &c.  Still  it  may  be 
queried  whether  there  may  not  be  another  proposed  tirst  boundary  bet- 
ter purporting  [comporting]  with  the  description  of  "  and  all  the  land 
"  from  the  west  side  of  ConnecUcut-YiYnv  to  the  east  side  f)f  Delaicare- 
"  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-hay,  would  not  cross  the  river,  may  better  agree  with 
the  above  description  :  Still,  from  none  of  these  imagined  lines,  from 
the  ditferent  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  Delarrare-hay  "  be  estab- 
lished. And  the  vagueness  of  the  desci'iptive  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-hay,  or  at  tiie  southern,  where  it 
communicates  with  the  main  ocean,  or  at  any  other  intermediate  place 
between  these  two:  so,  that  from  the  uncei'tainty  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  ot  the  pretended  "ancient" 
jurisdiction  of  New-York,  predicating  it  on  vague  and  undeterminate 
boundaries,  that,  that  government  should  predicate  their  right  to  the  iee 
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  17G4, 
the  east  line  of  Netd-York  extended  to  the  west  banks  of  Connectictit- 
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  Co?mec<?'c((i-river,"  &c.  Yet  w-hen  the  rep- 
resentation made  by  lieut.  governor  Golden,  to  his  majesty  in  council,  as 
mentioned  in  tins  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  w^ere  those  of  conveniency  and  advan- 


Appendix  I.  493 

tage  to  the  settlors  <in  those  h^nds  to  he  in  (he  governnienl  of  New- 
York:  and,  that  the  west  banks  of  Connccticut-riwv  was  a  good  and  cer- 
tain boundaiy,  &e.  These  were  nnchmhledly  the  preponch-rating 
motives  of  determining  the  west  banks  of  ConnecticKt-rivi^v  to  be  tlie 
east  Ixtiindary  of  New-York,  and  such  arguments  are  utterly  ineoiisis- 
tent  with  the  notion  of  an  ''ancient  indisputable  right"  of  jurisdiction. 

Thkuk  is  still  another  consideration  which  may  be  of  moment  in  the 
observation  of  this,  so  trumpt  up,  "•axciknt  KKiHT  OF  juhisdution  " 
of  the  province  of  New- York,  to  the  lands  in  contest:  If  it  l)e  admitted 
a  line  should  be  drawn  from  the  most  northerly  i)art  of  Connecticut-vi\'i;r 
to  the  most  northerly  extremity  (A' Delaware-hny ;  still,  it  is  by  no  nutans 
probable  such  line  would  include  more  than  one  half  (if  so  much)  of  the 
lands  in  dispute  so  far  as  may  be  judgetl  from  the  latitude  and  longitude 
of  the  respective  objects:  for  considei'ing  the  course  of  C'o)(((ec^'c«^river, 
which  is  nearly  from  north  to  south,  exce))!  towards  its  extremity;  and 
the  sea  coast,  from  the  river's  mouth,  together  with  Delaware-hay.  form- 
ing also  an  indented  line  to  the  south  of  west ;  the  land  included  in  these 
limits,  by  a  line  drawn  from  (Jonnecticut-viyvr  to  Delatvare-hay  as  albre- 
said,  would  (excepting  the  small  jiromonlory  formed  by  the  mouth  of  the 
bay  and  the  ocean)  lye  in  the  (igure  of  au  obtuse  angled  triangle;  and 
the  course  of  the  said  line  from  the  river  to  the  bay,  acccu'ding  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  Nerv-York,  at  Crown  Point, 
Detroit,  &c.— It  may  here  well  be  observed,  the  settlers  under  New- 
Hampshire  seem  to  be  in  a  critical  situation;  eveiy  arbitrary  measure 
under  the  present  administration  of  the  government  of  New-York  is 
exercised  against  them;  and  provided  they  tlee  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  S^.  Croix, 
Pemaqidd,  Kenebeque,  Nantucket,  Ifartin'H  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  tleeiug 
to  the  eastward,  should  tiu'n  their  course  to  those  countries;  there,  it  is 
indis|)Utable  but  that  New-York  would  enciicle  them  witli  another  odd 
description  of  domain  contained  in  their  governor's  connnissions,  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  foi-egoing  descriptions  of  the  government  of  New-York,  it 
appears  the}'  lay  claim  to  so  extensive  a  domain  three  ditferent  ways,  or 
have  three  ditieVent  modes  or  modifications  in  comprehending  and  en- 
grossing their  progressive  limits.     As, 

Istly.  The  jirovince  of  New- York  which  fiills  short  of  and  termin- 
ates considera])le  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  neighl)ourhood  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  theii-  title  under  New- 
Hampshire,  and  that  government  had  for  several  years  exercised  their 
jurisdiction  over  those  lands,  even  till  17()4 — Therefore  in  this  case  the 
government  of  JVeic-ForA;  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  wex'e  extra-provincial  lands)  and  that  with  far  the 


494  Appendix  I. 

most  propriety,  inasmuch  as  that  government  had  granted  the  land  and 
began  settlement  thereon.  Add  +o  this  the  following  clnuse  in  governor 
Wentwortlva  commission,  which  they  viewed  to  be  of  great  weight  in  this 
case,  which,  after  describing  the  former  limits  of  New-Ham'pshire,  [added] 
"and  from  thence  extending  west  till  it  meets  with  his  majesty's  other 
"  governments."  Add  to  this  also,  the  reasons  held  lorlh  in  the  chain  of 
arguments,  contained  in  the  three  tirst  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  "  ajjcient  and  indisputable  eight 
of"  jurisdiction,  and  consequently  to  the  fee  of  the  lands  in  contest. 

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-viYHY  as  its  eastern  boundary,  was  discovered  from  a  proclamation 
given  under  the  hand  of  William  Tryon.,  Esq;  governor  of  the  province 
of  New-Yo7-k.  &c.,  and  dated  the  11th  day  of  December,  1771.  His  proc- 
lamation liegins  after  tiie  following  manner:  "  Whereas  it  is  the  ancient 
"and  incontestible  right  of  this  colony  to  extend  to  Connecticut-rixev.,  as 
"its  eastern  boundary." 

This  was  drawing  a  positive  conclusive  [conclusion]  from  fictions,  [fic- 
titious,] and  till  that  time,  unheard  of  premises,  and  rather  influenced 
people  in  the  several  governments,  to  purchase  and  settle  under  New- 
Hampshire.1  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. 

Should  this  their  new  hypothesis  be  admitted,  yet,  as  hath  been  be- 
fore observed,  these  limits  could  include  but  jjart  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  conipe- 
tant  and  impartial  judges,  that  they  have  rightly  ascertained  those  limits, 
it  is  engaged  on  the  part  of  the  claimants  under  New-Haropsliire,  that 
they  shall  yield  up  to  the  land-jobbers  of  New-York,  their  lands  and  la- 
» I  n  hour:  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  JVew,-- Zor/c,  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  o^ New-  York. 

SECTION  V. 

THE  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  p;ige  in- 
form, "when  the  first  war  between  England  and  Holland  became  inevit- 
"abie,  king  Charles  the  second,  by  letters  patent  dated  the  12th  day  of 


Appendix  I.  495 

•' J/rtrc/i,  ir)()8-4,  crantoil  to  his  l)i()tlu'r  the  diiktMif  l'(u-A' tlic  tnicls  of 
••couutry.  which  comprelicndcd  ^e^'-l^orA'.  To  rondiT  ihis  irift  ctVcclnal, 
■•  botbri'  the  war  was  proclaimed,  a  licit  and  land  forces  were  sent  out  to 
''  HMiiove  the  Dutch  and  put  the  duke  in  jiossession.'"  The  circumstances 
that  attended  the  making  thisi^rant,  and  sendin<rthe  armament  to  render 
it  etlectual.  is  a  sutfteient  reason  to  determine  that  the  irovcrnment  at 
home,  at  that  time,  viewed  the  Dutch  settlement  as  an  intrusion,  and 
jtossession  (which  is  all  they  rely  on)  gained  hy  trespass,  in  legal  con- 
struction, is  no  possession  ait  all.  That  the  Engiishh;\(\  prior  right  to  all 
the  countries  from  forty  to  forty-eight  degrees  of  nor*h  latitude,  hy  vir- 
tue not  only  of  discovery  by  Sebastian  Cabot,  and  others,  Init  l)y  lieing  in 
actual  ])ossessi()n  of  several  parts  of  the  premises,  is  matter  too  well 
known  to  be  disputed. 

Whetiiek  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  incontestil>ly  valid  against  the  king,  his  lieirs  aiul  successors; 
and  the  colony  ot  Kew-Yorjc  being  entii-ely  dependant  on  the  crown  of 
Great-Britain  tor  their  title,  priority  of  charter  is  therefore  necessary  to 
be  determined. 

The  grant  of  king  James  the  (h-st  to  the  council  of  Ph/moutli,  bearing 
date  at  Westminster,  the  18th  day  of  November,  in  the  eighteenth  year  of 
his  reign,  couiprehends  all  the  lands,  islands,  &c.,  from  forty  to  forty- 
eight  degrees  of  north  latitude,  through  the  main  land  from  sea  to  sea. 
"On  the  lUth  day  of  il/arc/t  1628,  the  council  oi'  Plymouth  under  their 
''common  seal,  did  grant  to  Sir  Henry  BosiveU,  Sir  John  Youny,  and 
''  others,  their  heirs  and  associates  forever,  all  that  ]iart  of  America  lying 
"between  the  gi-eat  river  there,  commonly  called  Monomack,  alias  Mer- 
'■' imack,  and  Charles  river,  witliin  the  space  of  tlu'ce  miles  to  the  norlh- 
"  ward  of  the  same  river,  called  J/oHomac't,  alias  Merimack,  or  to  the 
"  nothward  of  any  or  every  jjart  thereof,  and  in  length  and  longitude  of 
"and  within  all  the  breadfh  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  jjart.'' 

Tins  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  1()29,  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  jiroviso  in  James's  giant  to  the  Plymouth 
company. 

This  same  charter  of  incf>rporation  was  adjudged  void  in  the  high  court 
of  chancery  of  England  in  1(384;  from  which  the  assembly  of  New-York 
in  their  state,  &c.,  jiageoth,  take  occasion  to  say  "the  title  of  that  colony 
"  now  solely  depends  on  their  new  charter  of  IGUl."  Nevertheless,  the 
right  of  soil  to  all  and  every  part  of  the  deed  of  sale  aforesaid,  remained 
indefeasiiile;  for,  only  animadvert  back  to  the  Plymouth  conveyance,  ami 
observe,  that  the  right  in  fee,  was  by  them  conveyed  to  the  grantees;  and 
trace  it  to  king  C7u/.r?es's  charter  of  incorporation,  which  only  vested  the 
grantees  with  powers  of  government.  Though  it  is  true,  this  cliarter 
contains  all  the  forn'ialiiy  necessary  in  the  conveyance  of  the  tee;  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  privib'ges;  and  likewise  as  easily  discernable 
that  notiiing  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  T. 

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  3fassachasetts-hay  colony  no  farther  westward  than 
"■till  it  meets  the  colony  of  Connecticut,  and  not  to  Connecticut-r'ivcr. 
"  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-hny  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  tlie 
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  atbresaid  descriptive  limits  of  the  deed  of  sale  from  the  council  of 
Plymouth  to  sir  Henry  Roswell,  sir  John  Youjuj,  &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  Conyiecticut,  and  this  west  limit  of  Connecticut 
being  predicated  by  the  old  charter  of  the  Massachusetts-h&y ,  and  express- 
ly extending  in  longitude  to  the  South  sea  on  the  west  part,  exactly  ex- 
tends the  present  charter  of  the  Massachusetts-hny ,  with  its  powers  of 
jurisdiction,  to  all  and  every  part  of  the  limits  of  the  old  nulled  cliarter. 
This  is  the  natural  and  legal  sense  of  the  jiresent  charter  of  the  colony 
of  the  Massachusetts-hay ,  predicated  on  undeniable  facts. 

In  the  next  place  'tis  necessary  to  consider  the  charter  of  Connecticut, 
which  our  authors  inform  should  not  extend  west  of  Connecticut-riYnr,  in 
the  words  following:  "This  being  a  crown  grant  on  the  suit  and  peli- 
"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-ha.y  ;  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  Conj?eciicu^-river."  As  this  their  assertion  is  founded  on  the  hipoth- 
esis  of  Connecticut  charter's  being  predicated  on  that  of  the  Massachu- 
seMs'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  pur])Ose,  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-viYQY,  commonly  called 
"  Narragansett-hay,  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-hay  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- 


Appendix  I.  497 

scri])tive  limits  of  the  ch:iiter  itsi'lf,  whit-li  cnnnnt  admit  of  a  (I(uil)lf 
meaiiinij,  (curious  as  our  autliDi-s  b(»  in  (lio  art  of  playintr  with  words, 
tht'V  have  not  attempted  lo  ohviale,  (heir  literal  meaniiiij:.)  that  it  is  the 
unquestionable  risht  of  the  colony  of  Connerticut  to  extend  its  western 
boundary  to  the  South  sea  on  the  ''west  part;"  an<l  in  this  that  cojtiny 
a,2;ree,  who  are  now  challeuLrin^  their  riirht  in  fee  to  those  limits,  and  ac- 
tually makiuij;  plantations,  as  at  Siisqiiehannah,  Sir. 

By  this  time,  undoubtedly  queries  will  arise  in  the  mind  of  the  reader 
what  will  become  of  the  <xrant  to  the  duke  of  York,  if  the  M(tss(iehnsetts 
and  Connecticut  colonies  extend  "to  tlu^  South  sea  on  the  west  jiartV 
The  followins:  intellitjence  from  our  authors  will  introduce  an  answer  to 
this  query;  who,  after  describiuEj  said  u^rant  further  inform  in  |)a<;e  'M 
of  the  state,  &c. — That  "a  tieel  and  land  forces  were  sent  to  n-move  the 
''Dutch  and  put  the  duke  in  possession."  Accordingly,  on  the  27th  lav 
of  August  1(564,  the  Dutch  governor  Stui/vesant.  surrendered  by  cai)itu- 
lation,  all  the  countries  the  Dutch  then  possessed,  to  Kiuix  Chahlks  tin; 
second;  when  among  other  terms  it  was  stipuhited,  "that  all  the  people 
"shall  remain  free  denizens,  and  shall  enjoy  their  lands,  houses,  and 
"goods,  wheresoever  they  are  within  this  counti-y,  and  dispose  ol'  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  jiossessed  of  in  thi'se  countries,  to  the  colo- 
nies of  Connecticut  and  the  Massachusetts-\y,\\\  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  ihe 
actual  possessions  described  in  the  forementioned  ca[)ilulation.  A 
further  information  is  in  jiage  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  con(iuest  by  the  Dutch, 
"it  was  confirmed  to  his  roy;d  Iiighness  by  further  letters  patent,  dated 
"the  29th  dayof  Jwue  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  frorn  this,  occasion  will  be  taken  to 
say,  that  in  fact  the  province  of  New- York  vv;is  originally  founded  on 
conquest,  and  the  limits  of  it,  as  before  mentioned,  circumscribed  by  the 
Dutch  possession  pointed  out  in  the  terms  of  cai)itulation.  However 
unfavorable  this  conclusion  may  be  thought  on  the  part  of  New-York, 
yet,  as  the  crown  had,  pi-ior  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  tluis  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 
Entjlish  subjects. 

Though  this  tract  of  land  now  in  contest,  was  contained  in  the  origi- 
nal grant  to  the  council  of  Plijmonth,  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  jH/(e,  1();55.  From  which  it  may  be  obji-cted,  on  the 
part  of  iVew-Ybrfc,  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  Torfc's  grant  included   tliis  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 
— -iind  that  govcrninentai  jui'isdiclion,  and  property,  cou'd  not  be  ])redi- 
cated  on  sucii  oi)soh;te  and  uncertain  bounds.  It  was  also  denionstraled 
in  the  first  section,  and  will  b(i  fui'thei'  observed  in  this,  that  the  duke  of 
Fork's  grant  reverted  to  thi;  crown,  and  that  the  landholders  in  the  gov- 
ernment of  Netc-York  hold  under  the  crown,  and  that,  if  it  did  not  re- 
vert to  tlu!  crown,  the  fee  is  still  in  the  duke,  his  heirs  and  assign's,  and 
no  landholders  in  the  government  are  viisted  with  the  fee  of  the  lands 
they  possess,  &c.*  It  would  l)e  too  tt^dious  as  well  as  needless  to  recite 
the  arguments  that  have  been  ottered  in  the  three  lirst  sections,  which 
is  humbly  conceived  are  abundantly  sullicient  to  answer  the  aforesaid 
objection,  and  fairlv  demonstrate  priority  of  title  to  be  in  favor  of  New- 
Hampshire;  to  which  tlu!  curteous  reader  is  referred  for  a  consideration. 

As  has  been  before  observed,  tiie  design  of  the  duke  of  York''s  grant 
was  to  include  the  Dutch  jjossessions;  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  i  twenty 
miles  line  to  the  eastward  Irom  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  Neto-York:  15ut.  as  these  possessions  to  the  northward  of 
Coyinecticut,  fell  far  short  of  this  twenty  mile  line,  or  were  so  inconsider- 
at)le  and  uncertain  as  not  to  come  within  the  capitulation  reserve, 
thi^refore  the  Massachusetts  colony  contended  with  New-York  for  a 
further  western  extent  than  twenty  miles  east  from  HudsoiCi^  river;  but 
the  restless  government  of  Neiv-York,  ever  uneasy  within  its  own 
boundaric!S,  presumed,  unrelenting,  to  intrude  on,  and  contesting  for  the 
just  rights  of  the  Massachusetts,  by  extending  tlieir  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,  whicli  has  since  been  rati- 
fied by  his  majesty. 

In  the  state  of  the  right,  &c.  page  4th,  is  the  most  extraordinary  ac- 
count of  alienation  of  projierty  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  pro])rietor  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  Williayyi  was  heir  at  law  to  the  duke's  estate; 
and  they  mention  no  conveyance  from  the  duke  to  the  king,  but  sa}'  the 
"duke's  right  merged  in  the  royal  authority;"  to  suppose  it  is  possible 
that  right  should  pass  to  king  William,  as  lord  proi)rietor,  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,  1(374,  and  Colonel  I'homas  Donyan  on  the 

*    Tills  ai'suiueut  and   eonchisloii  is  fomiileil   on  the  JVew   York    hypothesis,  exclusive   ot  the 
herein  mentioned  article  In  the  Dutch  capitulation. 


Appendix  I.  499 

"30th  day  of  September,  l(iS2,  among  otluT  description  of  (lie  Ixmiidarics 
"of  this  ]iroviuce  arc;  cxiirossly  coinpndK'iidcd  all  the  land  from  the 
"  west  side  of  Conneclicuf  river  to  the  east  side  of  Delaware  biiy."  Xole, 
those  eommissions  were  from  the  duke  helMi-c  he  ascended  tin-  tiirone; 
undoubtedly  in  his  commissions  to  liis  lieutenant  i^overnors.  he  liad  ref- 
erence to  the  limits  of  his  s^rant,  to  determine  lluir  boundaries:  l)ut 
after  his  abdication,  and  the  ;iccession  of  kiiii;  W'illuon  and  (]Ueen  Mary, 
we  find  a  cominisslDn  from  tlieir  luijestys  to  Heart/  Slaai/hter,  to  be 
materially  ditferent.  'Kino;  Willkun  and  (lueen  Mart/,  by  their  commis- 
"sion,  dated  the  fourth  day  of  Jantiart/,  in  the  first  year  of  their  rei>i;n, 
"appointed  Henry  kSlanykter,  to  he  i^overnor  of  the  province  of  iVew- 
■•  York,  and  the  territories  depcndinii'  thereon  in  jlnierica'''  The  same 
assembly  (stiled  our  authors)  further  inform,  that  "in  all  subsccpient 
"acts  and  commissions  this  colony  is  described  by  the  s^\me  words,  the 
"  province  of  New-York,  and  the  territories  dependinu-  thereon  in  Aiiier- 
"ica."  No  av2[umcnts  need  l)e  used  to  prove,  for  it  is  .seU-evideiit.  their 
majestys  had  some  ditferent  idea  of  the  province  oi'  Netv- York,  than 
what  had  been  before  described  by  llie  duke's  commissions  to  his  lieu- 
tenant "governors,  and  a  little  attention  to  the  oiiifinal  state  of  that  >rov- 
ernment,  will  explain  that  (.litference.  Our  authors  furtlier  inform,  pai^e 
17th,  "The  Bausselaer  family  are  not  indebted  to  the  governuient  of 
'•  Netv-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,  ^ranted 
"to  their  ancestors  by  the  Dutch  West-IndUi  company,  who  held  it  as  a 
"part  of  New-Netherlands,  untler  the  slates  general.  On  the  surrender 
"  in  llitji,  their  rights  were  secured  to  tiiem  in  common  with  the  rest 
"of  the  inhabitants,  by  the  before-mentioned  article  of  cajutulation 
"granted  on  the  surrender  of  the  country,  by  Col.  Nichols,  the  com- 
"  uiander  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 
"  1(585.  not  by  the  meer  act  of  the  ])rovincial  governor  and  council,  but 
"  by  an  express  order  of  king  James  the  second."  They  further  iufoi-m, 
page  5th,  "So  long  ago  as  the  year  l(i8.>,  king  James  the  second,  by 
"letters  })atent  under  that  seal  granted  to  the  Kansselaer  family  the 
"  nixnor  Renselaerwijck,  extended  from  Hudson'^  river  both  on  the  east 
"and  west  sides  twenty-four  miles."'  This  manor  includes  the  city  of 
Albanij,  and  extends  near  twenty  miles  to  the  southward  of  it;  south  of 
which  terminates  the  province  of  NetJO-York.  expressi'd  in  their  gov- 
ernor's commissions,  so  that  this  manor  is  included  in  tl\eir  second  de- 
scription of  <h)main,  viz.  "the  territories  dejjending  thereon,''  and  ex- 
clusive of  this  clmise  in  the  commissions,  antecedent  to  the  fore-men- 
tioned determination  in  17()4,  the  governors  of  New-York  cou'd  not  ex- 
ercise jurisdiction  even  in  the  manor  of  lienselaerwi/ck,  and  nuich  less 
to  the  northward  of  it,  as  settlements  which  lay  contiguous  to  those  lim- 
its seemed  necessarily  to  fall  under  the  jurisdiction  of  that  goveinment. 
Thus  their  territorial  sort  of  dominion  hath  been  extended,  without  any 
prescription  or  limitation,  agreeable  to  the  observation  of  their  cele-  ^j^^ 
brated  judge  Smith,  n'ho,  speaking  of  that  goverinuent,  said  "it  might  i 
well  be  accounted  unlimited.^' 

It  may  he  furthei-  offered  in  objection  on  the  part  of  Neiv  York,  tliat 
allowing  tlie  foregoing  arguments  relative  to  the  territories,  and  that 
Eenselapjj-ijoijck  was,  before  the  tava  of  the  aforesaid  determination,  in  fact 
annexed  to  the  government  by  the  territorial  clause  iu  the  governor's 
commissions;  yet,  nevertheless  the  duke's  grant  must  be  valid  to  the 
northward  of  that  manor,  to  all  tiie  lands  it  originally  covered.  This 
cannot  operate  in  favor  of  New-York^  for,  in  addition  to  what  has  been 


I 


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,  a])dicated  tlie  throne 
in  1(>S8,  and  his  estate  reverted  to  the  crown  of  England,  and  this  grant 
became  vested  in  tlie  crown,  tlie  same  as  tiiough  tlie  duke  or  his  grant 
had  never  had  an  existance. — Nor  liave  any  of  their  governors  commis- 
sions, from  Henry  Shmghter,  the  iirst  governor  appointed  by  king  Wil- 
liam and  queen  Jlary.  down  to  tliis  present  a^ra,  ever  been  predicated 
on,  or  had  the  least  refei'ence  to  the  limits  of  that  grant. 

SECTION  VI. 

THE  government  of  JS'ew-York  make  the  greatest  outcry  against  her 
sister  colonies,  taxing  them  with  lntiaision,violenc(^  and  encroachment; 
^  and  at  the  same  time,  are  tiagrantly  more  guilty  of  the  same  avaricious, 
f '^  unjust,  and  liostile  wickedness  than  all  the  rest  of  the  English  America. 
Tlu'ir  capricious  land-jobbers  have  a  surprising  faculty  in  carrying  their 
points:  at  the  same  time  they  are  encroacliing  upon  their  neighbors, 
provided  they  meet  with  opposition,  they  will  cry  out  in  the  most  exag- 
erating  excdamatious,  violence,  riot,  treascm  &c.  and  at  the  same  time, 
not  hesitate  to  tram|)le  upon  his  majesty's  authority,  (the  particulars  of 
which  may  be  seen  in  the  preceding  narrative.)  They  are  great  advo- 
cates \'()y  law,  order,  aiul  good  government;  these  ai'e  their  horns  of  iron, 
and  with  them  do  they  pi(s/t  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- 
ticult  to  trace  their  footsteps.  They  complain  of  the  lawless,  factious,  and 
riotous  conduct  of  the  settlers  uncUjr  JSfew-HampsJdre ;  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  peri)etual  fatigues  and  laborious  toils  of  cultivating  a  wilderness  coun- 
try, should  under  a  just  adminislration  of  law,  become  ''a  confederacy  of 
insurgents.''  Was  it  only  that  natural  presumijtion  being  so  much  in 
favor  of  those  inhabitants,  it  is  humbly  conceived,  that  all  wise  and  un- 
predjudici'd  persons,  will,  at  least,  suspend  their  judgments  concerning 
them,  till  the  New- Yorkers  van  clearly  evince,  that  these  people  are  in 
reality,  without  cause,  tumultuous,  disorJerly,  t&c.  And  inasmuch  as  the 
l7'7/  facts  of  this  controversy  is  so  fully  set  forth  in  this  treatise,  the  i-eader  is 
thereto  referred  for  a  clearer  exliibition. 

OUK  authors,  in  oi'der  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  aljout  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  cohmy  of  Ifew- York;  yet  nevertheless  ibr  peace  sake, 
and  rather  than  contest  with  "a  i)owerful  neighbor,"  they  settled  with 
that  colony  at  twenty  miles  distance  from  I{udson''s  river. 

TiiEY  further  intbrm,  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  oi'  Connecticut,  iind  not  to  Connecticut-vi\'vA\  and  nuich  less  to  the 
"westward  of  it."  Our  authors  being  men  of  great  learning  and  sagac- 
ity, soon  extended  their  ancient  right  of  jurisdiction  over  sucU  part  of 
the  Massachusetts  colony  as  lay  to  the  westward  from  Connecticvt-r\\ er, 
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  atchieveuieuts.     "And  it  is  worthy  a  remark,"    that 


Appendix  I.  601 

had  the  Massachusetts  colony  exlended  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  jiloasini!;  scheme  some  kind  of  colour,  they  argue  the 
nullity  of  the  Massachusetts  first  charter;  and  introduce  the  duke  of 
Yor^■'s  grant  as  the  oldest  title,  page  r)th, — "the  Massachusetts  c-hailer 
"was  vacated,  and  the  title  of  tiiat  colonv  now  solely  depi-nds  on  tiicir 
"charter  of  1091. 

Yet  they  allow,  that  that  colony  attained  the  right  of  soil  fioin  the 
council  of  Ph/mouth,  and  that  the  charter  of  king  Charle.s  dated  the  4th  day 
of  March,  \i'y2S-9*.  vested  them  with  powers  of  government.  (It's  need- 
less to  animadvert  on  these  strange  accounts)  however,  after  they  have 
charmed  their  imairinations  with  the  fruitless  idea  of  extending  their 
ancient  right  to  all  that  part  of  the  Bai/  province  west  of  Couneclicut- 
river,  they  complain  bitterly  of  the  encroachments  of  the  3[assachuselts, 
page  iSlh, — "Under  circumstances  so  favorable  to  the  rights  (tf  ihis  col- 
"ony,  we  have  great  reason,  to  comjilain  of  the  unwai-rantable  encroach- 
"ments  under  the  authority  of  the  government  of  the  Massuchusetts- 
"  bay,  by  which  a  valuable  tract  extending  from  Connecticut-r\\ei\  within 
"  twenty  miles  of  Hudson  a  river,  has  been  wrested  from  us." 

"Their  conduct  seems  the  more  inexcusable,  as  they  must  have 
"  known  that  such  encroachments  were  not  only  disrespectful  to  his 
"  majesty's  authorit}',  and  big  with  great  mischiefs  and  disorders,  but 
"  we're  highly  injurious  to  private  propei'ty,  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  Eenselaeywyck,  granted  in  1685,  and  extending  twenty- 
four  miles  each  side  from  Hudson's  river;  and  Westonhook\  in  17()o,  which 
extends  about  thirty  miles  from  Hudson's  river;  and  Hoosick,  in  ItiM, 
which  extends  about  thirty  miles  from  the  river.  It  seems  to  have  been 
a  political  and  universal  i)rinciple  with  the  govermnent  of  Kew-York,  to 
begin  their  patents  within  the  twenty  mile  line,  and  exten<l  them  i-ast- 
ward  of  it,  that  by  this  means  tliey  miglit  have  opportunity  to  encroach 
on,  and  jockey  their  nei<;hbouiing  colonies  more  or  less,  out  of  their 
lands,  as  subsequent  policy,  intrigue  and  power  would  render  prac- 
ticable. 

That  government,  thus  extended  their  jjatent  into  Connecticut,  one  in 
particular,  into  the  township  of  Salisburi/;  and  it  has  ever  been  their 
practice  to  wrangle  till  they  find  by  expm-ience,  that  neither  by  so])his- 
try,  law,  or  hostility,  they  can  mainiain  their  exorbitant  claims,  and  then 
capitulate  on  as  good  terms  as  they  can;  and  conclude  with  branding 
their  competitors  with  dishonesty,  encroachment  and  n)auy  hai'd  names, 
and  don't  scruple  to  impeach  their  governmental  authority,  (as  in  the 
case  .just  recited  of  the  Massachusetts-hay)  with  being  disrespectful  to 
his  majesty's  authority,  and  guilty  (jf  great  miscbii'fs  and  disorders; 
although  the  authority  of  theii-  own  government,  by  their  unjust,  avari- 
cious encroachments  on  tiie  Massachusetts  even  to  Connecticut-vi\v\\  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  charier  spoken  of  as  vacated,  whicli  was  done,  as  lias  been  before  larjrely  treated 
of,  in  1684. 


502  Appendix  1. 

onljf  ones  of  this  nature.  The  former  includes  about  one  quarter  of  the 
township  ol'  Powudl,  on  which  ))art  were  about  four  settlers,  when  it  was 
granted  by  New-Hampshire.  This  townshi]")  is  bounded  southerly  by 
the  north  line  of  the  3£assachuseUs-hay,  and  extends  west  as  fnr  as  the 
Connecticut  and  Massachusetts  colonies.  The  latter,  i.  e.  Walluniscock 
patent,  was  granted  under  the  common  seal  of  the  province  of  New- 
York,  the  loth  day  of  ./itue,  1739.  This  jjatent  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  (jf  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  j)atent,  it  includes  about  one  eighth  part  of  the 
town;  wliicli  lands  are  exceeding  good  in  nature,  and  are  settled  wholly 
under  the  New-Hampshire  title,  by  industrious  larmers,  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  annuallj'  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  betbre  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 
thei-e  had  sundr\'  families  settled  on  the  premises  included  as  aforesaid, 
under  the  New- Hampshire  title. 

As  the  slate  and  cucunistances  of  such  part  of  the  townships  afore- 
said as  are  included  in  the  old  patents,  are  materially  ditferent  in  many 
respects,  fi-om  the  cii'cumstances  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  l)e  admitted,  that  the  old  Wallumscock  patent  includes  such  part 
of  Benniyiyton  as  the  plan  the  patentees  exhibit  doth  contain. 

It  is  taken  for  granted  that  the  royal  determination  of  the  boundary 
line  in  17G4  could  not  extend  the  government  of  New-York  antecedent 
to  the  date  of  that  order,  which  was  a  manifestation  of  royal  iiower,  and 
which  was  the  sole  cause  of  that  extention;  therefore,  at  the  time  the  gov- 
ernment oi  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  thei'efore  to  be  considered,  whether  the  patents 
from  the  government  of  Neiv-York  are  valid  or  not,  so  far  as  they  inter- 
fere with  the  ttjwnships  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  tlie  northern  tracts  of  country  which  these  jiatents  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  L  603 

dependent  of  the  |)rovinoe  and  adjoiiiiiij;  settlements,  on  exti-a-provin- 
cial  lands:  prob;»l)ly  tliat  government  may  i>ave  antlioiity  to  giant  ianrj 
to  the  west  and  north-west,  where  it  is  indispntahly  unappropriated,  and 
where  the  claim  of  none  otlier  government  could  interfere:  but  it  will  he 
insisted  ui)on,  on  the  i)art  of  the  Netc-Ifunijisliire  settlers,  which  arc  in- 
cluded in  the  aforesaid  old  patents,  that  the  government  oi'  Xeu- York 
had  no  right  to  extend  any  of  their  patents  lo  the  eastward  of  a  line 
equivalent  to  that  which  constitutes  tin;  l»ounds  Ix'tween  Neir-York  and 
the  colony  of  Connecticut  and  Mussacliiisetts.  This  liniit  was  ever 
thought  by  the  people  in  general  of  the  colony  of  ^cir-York,  as  well  as 
those  of  liie  adjacent  colonies,  to  be  the  eastern  boundaiy  of  Neic-York, 
until  the  jera  of  the  late  determination,  which  extended  it  to  the  river 
Connecticut:  and  laboui-ing  men  that  support  the  world  of  mankind,  are 
obliged  to  form  their  judgments  of  the  jurisdiction  of  governments  by 
the  common  received  opinions  (>f  mankind  they  are  conversant  with; 
and  even  admitting  they  make  an  erroneous  judgment,  jet,  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  u])hold  the  state,  it  is  therefore 
not  only  incumlieut  on  the  laws,  but  on  the  ])olicy  of  the  state  to  defend 
them  in  cases  of  ibis  nature. — It  must  be  admitted  that  wiiere  the  limits  of 
governments  are  clearly  ascertained  and  noloriousl\-  known,  that  a  far- 
mer trespassing  in  this  manner  on  another's  jjroperly,  nuist  bear  the 
loss.  IJut,  provided  a  country  of  people  be  genei-ally  under  a  deception 
as  to  matters  of  jurisdiction,  and  purchase  land  and  make  great  improve- 
ments, and  all  on  a  mistaken  tooting;  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,  liowever,  it  is  not  concedeil 
to,  that  those  farmers  on  whose  account  the  present  arguments  are  ex- 
hibited, are  under  a  decei)tion  about  this  matter;  for  of  all  s(M-ts  of  gov- 
ernmental jurisdiction,  the  ^^ew-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  dis|)oscd  forthwith  to  settle.  The  necessity  of 
grantingso  fast  may  be  pleaded  on  account  of  order — the  jjolicy  of  govern- 
ment may  demand  it;  otherwise  an  occasional  jurisdiclion  would  be  alto- 
gether unable  to  abilitale  the  government  to  make  conveyance  of  the  right 
in  fee;  although  it  is  indis])utable  that  such  a  jurisdiction  in  matters  of 
meer  government,  is  to  all  intents  and  purposes,  equal  to  positive  juris- 
diction; but  with  respect  to  lipving  a  power  to  convey  the  lee  of  lauds, 
is  matter  of  doubt  :  13ut  thus  nnicli  with  pro]iriely  may  be  inferred,  that 
a  title  so  weak  and  impotent  should  not  claim  sujiei'lority  over  the  least 
conception  of  title  whatever;  a  nicer  possession  is  of  itscdf  abundantly 
sulticient  to  maintain  the  riglit  in  tlii;  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  nuisf  totally  extinguish  and  ob- 
literate all  possible  remaining  idea  of  right  that  the  patentees  ot  Wal- 
lamscock  may  be  supposed  to  have  [to]  the  said  tract  of  land  included  in  the 
limits  of  the  townshii)  of  Beanimjton.  Only  advert  to  the  dale  of  that 
]»atent,  which  is  on  the  olth  [lOth]  day  of  June  173'.t,  and  compare  it 
with  the  time  of  the  commencement  of  the  settlemiiUt  of  Benninijton. 
which  was  in  the  spring  of  the  year  1700.  and  therii  will  be  found  to  be 
twenty-one  years  from  the  date  of  this  patent,  to  the  beginning  of  the 


504  Appendix  I. 

settlement  under  Nev)-H ami') shire; — '^'^  ^^1  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  Neio-Yvrk^  niay  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  n  howling  wilderness.  This  practice  of  the  government  of 
New-York  in  extending  their  patents  to  the  eastward  of  a  twenty  mile 
line  from  JIudson's  river,  hath  ever  been  consideied  as  a  disingenious  and 
designing  policy  in  that  government;  thereby  to  lay  a  foundation  for 
intruding  on  the  rights  oi  their  neiglibouring  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  riglit  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-idampsiiire  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  parnmount  to  the  other. 

Our  authors,  in  their  appendix,  page  litth,  misrepresent  the  plea  of 
the  Bennington  people,  in  saying,  "To  reason  on  their  own  principles,  if 
"  equity  confirmed  the  claims  of  others  un^i^x  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  u|)  all  the  lands  which  are  covered  by  more  ancient  pat- 
"  cuts."  The  people  of  Bennington,  or  rather  the  claimants  under  Neto- 
Ha'mpshire,  have  ever  insisted,  that  at  the  time  the  government  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- 
("^^uments,  and  real  facts  in  this  treatise,  particularly  in  the  2d  and  3d 
f  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. 


L 


Appendix  I.  ri05 


SECTION  VU. 

HAVING  gone  tlirough  witli  the  remarks  on  the  Neiv-York  ])inni)Iil('t. 
so  far  as  inimediateiy  respeets  the  till*-  of  those  lands  which  has  been 
tlie  principal  cause  of  the  publication  of  this  treatise — shall  nextly  proceed 
to  detect  some  notorious  and  dishonorable  mlsiepresenlations  contained 
in  the  i)amphlet  aforesaid,  particularly  in  the  ajipendix.  In  this  brief  re- 
view, it  would  be  too  tedious,  as  wefl  as  nee(lless,  to  trace  the  authors 
through  all  their  disguised  and  fictitious  representations,  and  intiicate 
windings.  Shall  therefore  pass  on  with  noteing  such  of  their  exhibilions 
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  Jladson'^  river,  is  the  most 
flagrantly  opprobrious.  The  story  may  be  seen  recorded  in  the  4th  page 
ot  their  appendix.  ''The  grantees  of  the  h)\\nsh'i\)  ui'  Benninyton,  dis- 
"  covered  that  the  situation  of  the  tract  according  to  the  intention  of  the 
■grant,  would  be  both  inconvenient  and  unprolitable.  as  it  included  a 
•large  proportion  of  mountain;  and  they  therefore,  by  no  better  author- 
"  ity  than  a  vole  of  town  meeting,  presumed  to  extend  it  to  the  westward 
■•  within  seventeen  miles  of  IJuclsoiis  river." 

As  this  representation  in  all  and  ever}'  partis  entirely  gr<iundless,  and 
no  pretence  of  proof  to  support  it,  but  is  the  meer  calumnious  asertion 
of  those  who  have  an  implacable  hatred  to  the  Bejinington  people,  a  |>osi- 
tive  denial  of  the  facts  alledged  would  be  sufficient  refutation  of  those 
facts.  Nevertheless  as  the  assembl}'  oi  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  certainly,  and 
sundry  demonstrations  of  this  sort  having  been  actually  made,  (though 
not  with  a  view  of  dispi-oving  this  calumny,  as  it  had  not  then  been  j)ub- 
lished.)  by  admensuration  ot'  the  distance- from  Hxidson;^  river,  to  the 
westerly  line  of  Bennington,  all  which  agree  that  it  is  at  least  twenty 
miles.  Mr.  Samuel  Eobinson  for  once  made  an  actual  mensuration  of 
that  distance,  and  found  it  to  be  twent}'  miles  and  thirty-tive  chains;  his 
atfidavit  and  Mr.  Ebenezer  WoocV^  together  with  an  attested  copy  of  the 
survey  of  that  town  by  Mr.  Matthew  Clesson,  the  sui-veyor,  is  thought 
expedient  to  transcribe  in  its  following  order,  which  will  abundanti}' 
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  iiew-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  furtiier  notify  that  assembl}-,  that  as  omnipo- 
•tentasthey  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  inhai)itants:'" 
which  take  an  additional  affiont  at  tlu;  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  apprelu'iisivi- 
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 

34 


506  Appendix  I. 

that  the  settlers  and  agents  from  tlie  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  if'atal  mistake  in  advancing 
for  matter  of  fact,  that  which  in  its  own  nature  is  incapable  of  proof,  and 
what  has  been  disproved  by  evidence  of  a  mathematical  nature,  and  ca- 
pable of  further  disj^roof  by  actual  mensuration.  It  is  no  ways  iharvel- 
lous  that  those  gentlemen  whicli  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  opjjosition  which  has  since 
"been  given  to  the  jurisdiction  of  New-York^  It  is  evident  that  these 
gentlemen  have  an  evil  eye  upon  .Bf  jwwngton  inhabitants;  for.  when  they 
mention  the  opposition  to  their  jurisdiction,  they  lake  care  to  repeat  the 
aforesaid  groundless  aspersion,  b}'  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  Bennington,  "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  Breal'enridge''ii  farm  to  be  within  seventeen 
"  miles  of  Hudso7i'ii  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  c*mfess  the  lease,  entry  and  ousture,  agreeable  to  the  rule, 
"and  the  plaintitf  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- 
Hampskire,  and  Mr.  Breakenridge  petceived  it  was  spending  money  to 
no  purpose,  to  maintain  a  suit  at  law  against  the  Neio-York  patentees,  as 
the\'  had  such  a  combination  ()f  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  ti'ial;  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''i> 
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. 

Our  authors,  page  10th,  after  giving  a  narrative  of  a  riotous  and 
tumultuous  outrage,  committed  b}'  the  inhabitants  of  Bennington,  for 
which  proclamation  had  issued  from  the  earl  of  Dunmore,  against  the 
principal  authors  of  the  disturban(;e  "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  calumn}^  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'^  councirs 


Appendix  I.  .J(J7 

inability  to  set  up  any  principle  in  his  defence,  by  reason  of  liis  being 
seated  "within  seventeen  niiks  of  Ifitdsoii's  i-iver."  All  tiicsc  lletions 
blended  together,  make  considerable  of  a  tigure,  in  iheir  own  words: 
'■'•James  Breakenridye  and  IsaUik  Carpenter,  were  two  of  the  most  inex- 
'•  cnsable  of  all  the  offenders:  the  lirst  had  seated  himstdf  within  sev- 
•enteeu  miles  of  Hudson  ?•  river,  where  he  knew  it  was  impossjlile,  on 
•their  own  principles,  that  lie  conld  be  protected  by  the  Nem- Hampshire 
''claim,  he  had  declined  a  fair  trial,  and  sntfered  a  judgment  liy  lieliiult."' 
With  respect  to  Mr.  Breakrnrkhje's  being  active  in  any  e.\i)e(litions  (the 
New-Yorkers  denominate  riots,  mobs,  felony,  Ac.)  it  is  well  known 
through  the  country  of  the  New-Hampshire  grants,  he  was  not.  In  the 
ISth  &,  l!)lh  pages  of  the  a]ipendi.\,  they  repeat  tlu-ir  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  tight  for  land  as  a  part  of  Bennimjton,  which  lies  within  seven- 
"  teen  miles  of  Hudson  ^^  river,  and  which  the  government  of  \ew-JIami)- 
••  shire  never  claimed.  l)ul  admitted  to  be  l)eyond  their  jurisdiction." 

As  there  can  be  no  doubl  but  these  gentlemen  really  wisii  these  things 
to  be  true,  and  having  so  frequenth'  re|)eated  them  as  being  so,  it  is  con- 
jectured they  by  this  time  begin  to  believe  them,  or  at  least  think  others 
may;  Init  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  s(juare  (i.  e.  Bennington)  lying  in  his 
majest3'\s  province  of  New-Hampshire,  laid  by  Matthew  Clesson,  sur- 
ve3'or,  Abraham  Bass,  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  Mixssachusetts- 
bay,  and  twenty  miles  east  of  Hudson  h  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  31.  J  J  0.  /.  T.  which  tree  is  twenty-four  miles 
east  from  Hudson's  river  allowing  one  tdiain  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  stc»nes  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  scmth  ten  degrees,  west  six  miles  to  a 
stake  and  stones;  from  thence  west  ten  degrees,  north  two  miles,  to  the 
Hemlock  tirst  mentioned,  which  survey  was  made  November  1749. 

(A  copy.)  Per  Ilatthew  CZesson,  Surveyor." 

Hampshire,  ss.  October  ?>Q.  1749.  Mattheiv  Clesson,  suyveyor,  John 
Taylor,  Ezekiel  Foster,  and  William  Williams,  chain-men,  on  Noveiuber 
8d,  1749' Jo/i«.  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,  TlMOTiiY  DwiGHT,  Justice  Peace. 

(A  copy.) 

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  3fattheio 
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  ov 
known,  or  supposed  to  be  the  west  line  of  Bennington;  but  according  to 


608  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  sailh,  That  his  excellency  Benning  Went- 
worth^  late  governor  of  N ew-Iiampshire,  gave  a  warrant  to  tSamuel  liob- 
inson  and  George  Gardner,  Esq's,  and  John  D(.ivoow,  to  get  the  line  run 
and  measured  out  from  Hudson  a  river;  wliich  commillee  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  aright  angle  north,  ten  degrees 
east,  which  they  did,  and  found  the  west  line  of  Bennington  to  the  east 
of  the  line  your  deponent  run,  thirt3'-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  B.  Blaher,  [Bleecker']  Esq.  of 
the  cit}'  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'^  river.  And  Ar- 
chebald  Campbell,  of  Albany,  deputy-surveyor,  told  yt)ur  deponent,  that 
he  had  measured  out,  and  found  it  to  be  twenty  miles.  And  further 
saith  not.  Sam,uel  Bobinson. 

Sworn  before  me.  in  Uoosick,  the  29f/i  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  Joh)i  R.  Blecker,  Esq.  of  the  city  of  Albany,  told  your  deponent 
was  more  than  twenty  miles  from  H^idson'B  river,  which  was  tlie  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,  Ytli. 

John  Malcomb,  Justice. 

(-^  sectio:n^  viii. 

f      . 

/~\UR  authors  in  the  twenty-seventh  and  finishing  page  of  their  narra- 
V_/  five,  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  ^lassachusetts-hay , 
and  upon  the  settlement  of  the  boundary  line  between  the  Massachu- 
setts and  New-Hampshire,  in  1739,  fell  within  the  Intter,  and  by  them 
[was]  granted,  and  fully  ratified  to  the  inhabitants  and  proprietors,  who 
in  addition  to  their  title,  had  also  the  Imlian  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 


Appendix  I.  609 

*•  rii>;ht  of  election,  an  act  decisive  in  itself,  and  sii)>ercedini;  tin-  action 
"  of  tlie  governor  and  conncil  liere,  and  the  nsual  forms.''  A  very  extra- 
ordinary representation  !  The  nature  of  a  royal  mandamus  is  diamet- 
rically opposite  to  this  interpretation.  The  right  of  election  in  tlio 
grantees,  is  restricted  entirely  to  crown  lands  wliich  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  suh- 
vert  the  property  which  the  suhject  holds  undei-  tlie  crown  by  prior 
grants;  and  though  there  he  ever  so  many  alterations  in  the  Jurisflic- 
tion.  sundry  of  which  have  ])erplexed  the  town  of  Hinsdale,  yet  this 
should  have  no  etfect  on  the  pro])erty  of  the  subjects. — These  grantees 
are  likewise  withheld  from  inti'rfei-ing  on  the  lightof  tlie  lndi(ui  sub- 
jects. Yet,  it  seems  Col.  Hoivard  had  the  vanity  to  locate  his  manda- 
mus on  the  old  |)lantation  of  Hinsdale,  which  was  tii'stly  appropriated  lyy 
a  purchase  from  the  Indians;  secondly,  by  a  grant  froni  the  government 
of  tlie  Massacliusetts-hi\\.  and  thirdly,  by  the  government  oi'  JVeic-Hamj)- 
shire,  and  fourthly,  by  an  uninterrupted  possession  and  occupancy  about 
seventy  years. 

TiiK  subterfuge  the  gentlemen  make  nse  of  to  rid  tlieir  government 
from  dishonor,  in  making  this  last  grant  oi' Hinsdale,  is  very  extraordin- 
ary; it  seems  not  well  calculated  ''  to  l)e  transmitted  for  the  information 
"of  the  government  at  home  !"  who  are  undou1)tedly  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  huids, 
is  criminally  injurious  to  the  subject,  as  it  never  fails  to  embarrass  the 
(litferent  claimants  with  many  concomitant  ditficulties.  Yet,  still  to  cast 
tlie  blame  due  to  their  government,  on  the  king's  mandamus,  is  more 
daringly  injurious  to  the  highest  authority  in  the  nation. 

Lastly,  the  manner  of  redress  jirescrihed  for  the  sulierers,  viz.  the 
old  proprietors  of  H'nsdale,  is  the  most  shocking  ]iiece  of  contrivance, 
])age  27,  "  Hinsdale,  a  small  township  which  has  lately  been  taken  up  by 
"•virtue  of  a  I'oyal  mandamus,  is  aloiu;  unfortunate— but  even  here  the 
'•  |)ossessors  maybe  relieved    by  a  suitaljle  comi)ensation,  equal  to  the 

■  value  of  their  improvements,  in  crown  lands,  free  from  the  exjience  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  ot  Kew- 
■■  York,  and  the  possessions  of  which  cannot  for  that  reason  be  con- 

■  lirmed;  sucb  a  proportion  of  crown  lands  as  the  governor  and  council 

•  shall  judsre  to  be  adequate  to  their  respective  imjirovements.'' 
TiiKN  they  ])roceed    to  describe  the    tract:  "a  fertile. and  extensive 

"  country,  in  the  northern  part  of  the  county  of  Charlotte,  and  between  pItO 
"  Connecticut-v\veY  and  lake  Cham/plain,  still  remains  unpatented  by  their 
"government,  and  might  be  planted  and  cultivated  by  these  people." 
What  a  surprising  condescention  this  I  the  posterity  of  the  original  pro- 
prietors of  Hinsdale,  especially  to  be  allowed  the  jirivilege  to  pull  up 
stakes,  quit  their  farms  and  possessions,  houses,  orchards,  etc.  and  join 
com])any  with  the  New-Hampshire  settlers  in  general,  and  trudge  off  to 
the  northeast  jiartofthe  wilderness  of  Charlotte,  and  there  commence  / 

another  settlement,  leavinti  their  pleasant  habitations,  fields,  tenements,  ^/ 
and  country,  in  exchange  for  a  howling  wildei'uess;  a  i)retty  exchange — 
and  this  to  gratify  a  number  of  Neio-York  cormftrants.  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. 


L 


510  Appendix  I. 

A  SUFFICIENT  reason  to  be  offered  in  favor  of  the  latter  of  tlie  pro- 
jects, is,  that  the  settUn-s  under  New-Hampshire,  are  in  deed,  and  in 
truth  the  lawhd  owners  and  i)roprietors  of  llie  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  extraordinarv  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 
o-rants  or  re])itching.  For  those  lands  which  being  antecedently  granted 
by  the  crown,  by  the  agency  of  the  governor  and  council  of  New-Hamj)- 
shire,  must  forever  exclude'^the  soldi^ery  from  pitching  thereon;  and  ])ut 
it  entirely  out  of  the  power  of  the  government  of  JSfew-York,  or  the 
crown,  to  grant  them  to  a  second  i)erson.  And  when  it  is  considered, 
that  the  New-York  land-jobbers  have,  long  since,  purchased  great  iiart 
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-Hamjpskire,  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  I'esult,  were  to  be  disi)ossessed  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. 

Now  follows  another  quotation  from  our  authors,  which  is  no  less  than 

(^^^■"^^  a  barefiiced  insult  on  those  inhabitants,  and  one  of  the  boldest  misrep- 

^^'<»'^  resentations.     "If  the   New-Hampshire  claimants   imagined   that   they 

l^tAC^^     "were  aggrieved  by  the  decisions  of  our  judges,  the  means  of  redress 

"•   °  "  wei'e  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  rcinedy  incom- 

u*^  "  patible  with  the  administration  of  justice,  and  the  rights  of  the  sub- 

P         "  ject,  either  bespeaks  the  greatest  ignorance  or  presumption." 

'  Could  they  once  get  this  established,  that  there  should  be  no  access  to 
his  majesty  or  trial,  l)Ut  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  plaintif!  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 
iVe^(;-!Forfc  statings,  and  are  also  jiatcnted  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  thai 


Appendix  I.  511 

oxlreme  i)()l(lni'ss  to  iivor  in  express  terms,  that  "  it  llie  Xnr-lhinijislilre 
"claimanls  ima>iine(l  thai  tliey  were  aggrieved  l\v  llie  deeisious  of  llieir 
••judges,  their  means  of  reth'ess  were  in  their  own  jiower."  i.  e.  hy  way 
of  a  writ  of  error. 

TllKUh;  is  nothing  exhihited  in  I  his  New-York  iiamphiei  which  more 
sensihly  deserves  resenlment  than  tiieir  pretensions  ol  indulL,'eneies, 
favors,  &e.  conferred  on  these  claimants  hy  that  government.  "To  the 
"honor  of  the  government  of  New-Ynrk\  it  may  justly  he  asserted,  thai 
"  the  New- Hampshire  claimants  have  received  every  mark  of  favor  and 
"indulgence  which  the  circumstances  ])erniitted.'"  Such  hypocrisy  de-  ^^f 
l)ases  human  nature,  is  the  pest  of  society,  partakes  of  falsehood  and  P 
treachery;  and  what  renders  it  ])eculiarly  vile  is  that  it  usur|)s  the  seat 
of  virtue,  and  destroys  faith  in  communities,  and  is  the  source  of  cruel 
jealousy.  Had  the  government  of  Neir-York  heen  truly  friendly  to 
those  settlers,  it  had  been  returned  again;  and  mutual  good  will  sup- 
))lied  the  ])lace  of  hatred  and  strife.  But  alas  !  so  long  as  the  fee  of  the 
country  of  the  New— Hampshire  grants  is  the  object  in  view,  l)y  the  gov- 
ernment of  New-York,  how  it  is  possi])le  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;  hut  they  say  no.  Query,  why  ? 
The  answer  is  easy.  They  would  then  loose  sight  of  the  aforesaid  de- 
sirable ol)ject:  otherwise,  surely  they  would  be  glml  to  part  with  such 
rebellious  subjects  as  they  represent  them  to  be.  For  the  truth  no 
doubt  i.5,  that  they  are  in  hojies  some  better  fortune  may  in  future  attend 
them.  And  that  they  can  take  and  execute  some  of  the  leading  men 
among  these  iidiabitanfs;  and  so  frighten  and  impose  on  the  rest;  and 
finally,  by  this  means  avail  themselves  of  their  estates  and  subjugate 
the  countr}'.  This  is  all  tlie}^  can  desire  in  continuing  it  under  theii- 
jurisdiction.  That  they  have  in  reality  a  view  to  this,  will  further  ap- 
pear by  some  memorable  sentences  recorded  in  the  2.5th  ]>;ige  of  their 
appendix.  "  We  may,''  say  they,  "  readil}'  conceive,  that  Breakenriclge  , 
"and  his  party,  have  abundant  i-eason  to  wish  for  an  alteration  of  juris-  ^i^** 
"diction.  The  public  crimes  and  private  wrongs  which  they  have  per- 
"  petrated,  must  make  them  look  forward  to  the  hour  of  ti'anquility.  with 
"  the  most  anxious  apprehensions.  The  injured  may  then  demand  sat- 
"  isfaction  for  all  theii-  sullerings — An  altonenient  must  then  be  made  to 
"  the  countr}',  for  the  violation  of  its  laws.''     IL^'e  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  govi'rnment^n 
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  lliat  the  inhal)itants  have  a  good  right 
to  those  lauds,  and  should  not  be  molested  in  the  jieaceable  enjoyment 
of  tiieni,  and  consequently  will  not   assist  their  civil  officers  in  taking 
possession  of  their  tenements,  or  them  as  riotiM's.     That  they  are   no 
further  turbulent  than   what  is  neces.^iar}^  to  defcMid  their  persons  and 
properties,  from  the  cruelty  and  monojioly  of  their  rulers.     This  is  the 
ground  of  all  the  lenity,  foi-beai-ance  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     i 
the  neglect.  "  pl(,-^ — '   ^  '^ 

As  the  design  of  this  section  was,  in  a  concise  manner,  to  ]»oint  out  some  e>  H,^ 
of  the  most  notorious  extravagancies  of  the  gt)vernment  of  Neic-York, 
the  subject  can't  with  pro])riety  be  passed  over,  without  taking  a  short 
review  of  the  foreraentioned  laws  of  that  colony,  which  are  the  most  ap- 


512  Appendix  1. 

T  parent  port  rait  ui'e  of   Ibeir  horrid  malevolence  and  caprice.      Passing 
these  laws  which  are  evidently  calculated  with  a  design  of  extirpating 
the  inhabitants,  by  tbeni  laws"  alliKU'd  to,  from  their  goodly  land,  nay, 
from  the  face  of  the  earth;  is  no  less  than  lavislily  foaming  out  their 
own  sha,me;  laws  that  ought,  and  are  contemned  and  disregarded  liy  ev- 
ery lover  of  virtue.    Laws  and  society-com])acts  were  originally  designed 
to  protect  the  subjects  in  their  iiroperty.     Loyalty  and  subordination  uy 
Ji^nch  government!  is  essentially  necessary  lor  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  wdiich  laws  and  govern- 
ment were  instituted,  terminating  in  the  ruin  and  destruction  of  llie 
society  it  should  secure  and  protect,  from  the  same  principle,  viz.  self- 
)    preservation,  the  subjects  are  obliged  to  resist  and  depose  such  g(.verii- 
/    ment.  '  And,  inasmuch  as  those  laws,  together  with  some  remarks  on 
^^lem,  are  to  be  seen  in  the  narrative  {)art  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. 


SECTION  IX. 

IT  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 
o-overnment  of  New-Hampshire,  the  validity  of  which  has  been  sulti- 
ciently  argued.     And, 

Secondly,  by  engagement  from  a  proclamation  by  his  late  excellency 
Benning  Wentworth^  which  for  the  more  ])ublic  infoi-mation,  is  here  in- 
serted. 

V?D  By  his  Excellency,  Benning  Weniworth.  Esq;  Captain  General,  Gover- 
nor and  Commander  in  Chief  of  His  Majesty's  Province  of  New-Hamjj- 
shire,  in  New-England^  &c. 

A     PROCLAMATION. 

WHEREAS  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  Chaules  the  Second,  on  the  12th  day  of  March^ 
1663-4,  and  on  the  2[)th  June,  l(i74,  did,  by  his  several  letters  patent,  of  those 
dates,  grant,  in  Fee,  to  his  brother,  the  Dxike  o/"  York,  among  other  things, 
all  the  land  from  the  west  side  of  Connecticut-nuer  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-Ham])shire  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 
hemore  evident,  than  i/iai  New^-Hamjishii-e  may  legally  extend  her  western 
boundary  as  far  as  the  Massachusetts  claim  reaches;  and  she  claims  no 
more;  &w«  New- York  pretend  to  claim  even  to  the  banks  o/ Connecticut 
river,  althouyh  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  hanks 
of  Connecticut  River,  between  New-York  and  the  Colony  of  Connecticut; 


Appendix  I.  518 

(ind  to  the  himks  of  said  river,  hetrreen  N<'\v-Y()rl<  oiid  tlie  I'mrnivj'  (if  the 
Ma'^siK'iuisetts-Bii}'.  it  tcoidd  have  heeu  full  early  far  Ncw-Yoik  to  derlnre 
that  the  ijuvernment  of  New -II;iin|tsliiic'  tvas  fnlUj  a]t}i>-iscd  i>f  the  riijht  af 
Xew-Yoik,  under  the  before  recited  letters  patent  to  the  JJuhe  tf  Ydik.  In 
rirtue  of  the  final  deterniination  if  the  honndari/  lines  settled  by  his  late 
Majesty,  beticeen  this  rjovernnieut  and  '.he  M;i>s;icluisi'tls  J};iy.  idl  lands 
capable  of  settlements.  h((ve  been  erected  itito  toHnshi))s.  ai/reeitble  to  his 
Majesty's  commands,  and  a  considerable  revenue  is  daily  arisimj  la  the 
croivn.  unless  interrupted  and  inijiaired  by  his  Honor's  Proclamation., 
which  Xe\v-IIiinii>sliiie  ivill  not  br  answentble  for. 

At  J)  resent,  the  boundaries  <f  'Svw-Y  i>ik.  ta  the  northward,  are  unhiown; 
(Did  as  800)1  as  it  sludl  be  his  ^flljesty's  pleasure  to  determine  them.  Ncw- 
Ilanipshire  will  pay  ready  and  cheerful  obidience  thireunla.  not  doublin(i 
but  that  all  grants  made  fcyNow-Ilaiiipsliirc.  th((t  are  fulfilled  by  the  (jrani- 
ees.  loill  be  confirmed  to  them,  if  it  should  be  Ids  Majesty's  pleasure  to  alter 
the  jurisdiction. 

For  political  reasons,  the  claim  to  jurisdiction  by  Nv\\'-YnrU.mi(iht  have 
been  deferred,  as  roell  as  the  strict  injunction  (m  the  civil  power,  to  exercise 
jurisdiction  in  their  respective  functions,  as  far  as  the  eastern  banks  if 
Connecticut  River. 

Tile  said  Proclamation,  carryinij  an  air  of  i/overnment  in  it.  may  possi- 
bly affect  and  retatd  the  settlement  of  his  Majesty's  lands,  granted  by  this 
government.  For  preventing  'in  injury  to  the  croicn.  if  t/iis  kind,  and  to  re- 
move all  doubts  that  may  arise  to  persons  liolding  the  king's  griDits.  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  us  a  boun- 
dary, as  plainly  appears  by  tlie  several  boundary  lines  of  the  .lei-sit's  on 
tlie  west,  and  the  Colony  of  Conneaticut  on  the  east,  which  are  set  fortli.  in 
the  Proclamation,  as  iJfii'U  only,  of  tlie  land  included  in  the  said  patent  to 
the  Duke  of  Y'ork. 

3^0  the  end  tfierefore,  tliat  the  grantees  now  settled  and  settling  mi  those 
lands,  under  liis  late  and  present  3Iajcsty's  charters,  may  not  be  i)itimi- 
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-ILunpsliire,  as  far  westward  as  to  in- 
clude the  grunts  made: 

I  HAVE  thought  tit,  by  and  with  tlie  advice  ot  liis  majesty's  council, 
to  issue  this  Prochiniation,  lieiv!)y  encouiagin<i;  the  seveial  grantees, 
rlainiing  under  this  government,  to  be  in(histrious  in  clearing  and  cul- 
tivating tiieir  hinds,  agreeable  to  their  respective  grants. 

And  I  do  hereby  require  and  command  all  civil  odii-eis,  williin  this 
Province,  of  what  quality  soever,  as  well  those  that  are  n.ol,  as  those  tliat 
are  inhabitants  on  the  said  lands,  to  continue  and  be  diligent  in  exer- 
cising jurisdiction  in  their  respective  ollices.  as  I'ar  westward  as  grants 
of  land  have  been  made  by  this  government;  and  to  deal  with  any  per- 
son or  ])ersons,  that  may  presume  to  interrujjt  the  inhal)ilanls  or  settlers 
on  said  lands, as  to  law  and  justice  dotli  appertain;  the  pri'tended  right  of 
jurisdiction  m.'ntioned  in  tlie  aforesaid  Proclamation,  notwilhstanding. 

Given  at  the   Council-t'hamber.  in   Portsninulli.  i/te   V.ith  day  of  March. 
17(j4,  and  in  tlie  fourth  ijear  of  his  Majesti/'s  Jteign. 

n:  WENT  WORTH. 

By  his  Excellency's  command,  with  advice  of  ('oiincil. 
T.  Atkinson,  jun.  Secretary. 

GOD   SAVE  THE   KING. 

A  TtiriiD  and  weighty  eniUicemeiit  to  the  settlemciitof  tliost;  lands 
was  argued  from  his  majesty's  express  (jrder,  prohibiling  the    govern- 


514  Appendix  I. 

menl  of  New-York  from  granting  any  of  llioso  lands  in  dispnte,  which 
is  as  follows: 

At  a  Court  at  >St.  James's,  the  '24th  daij  of  Jul;/,  17(i7. 

PilESENT, 

THE    king's    most   EXCELLENT    MAJESTY, 

ArehI)ishoi)  of  Canterbury,  Eail  of  IShelhurne, 

Lord  Chancellor,  Viscount  Falmouth, 

Duke  of  Queenshuri/,  Viscount  Ban-ington, 

Duke  of  Ancester.  Viscount  Clarke, 

Lord  Chaml)erlain,  Bishop  of  London, 

P]arl  of  Litchfield  Mr.  Secretary  Conway, 

Earl  of  Bristol,  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  cr)uncil,  t») 
approve  thereof,  and  doth  hereby  strictly  cliarge,  require  and  command, 
that  the  governor  or  commander  in  chief  of  his  majesty's  province  ol' 
New-York,  for  the  time  being,  do  not,  upon  pain  of  his  majesty's  highest 
displeasure,  presume  to  make  any  giant  whatsoever,  of  any  j)art  of  the 
lands  described  in  the  said  report,  until  his  majesty's  fui-tlier  pleasure 
shall  ha  known,  concerning  the  same. 

A  true  Copy,  William  Sharpe. 

Attest,  Geo.   [G'w.]  Banyau,  Dep.  Seer. 

A  FOUKTii  and  last  special  motive  fur  tlie  carrying  on,  and  extending 
those  settlements,  was  from  a  report  of  the  lords  of  trade,  as  follows. 

ExTKACT  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  ;kl,  1772. 

"Upon  the  fullest  examination  into  all  the  circumstances  which,  at 
*■'  present,  constitute  the  state  of  that  District  between  the  rivers  Hudson 
"and  Connecticut;  out  of  which,  the  greatest  disorders  and  (confusion 
"have  arisen;  it  seemeth  to  us,  tliat  the  princii)al  ol3Jects  of  attention  in 
"  the  consideration  of  any  measures  that  can  be  suggested  for  restoring 
"public  tranquility,  and  quieting  possessions,  are, 

"  First,  those  townsiiips,  which,  iiaving  been  originally  settled  and  es- 
"  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  JNew-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  townsliij)s,  which,  having  ])een  originally  laid  out  by 
"the  governor  of  Aew-Hanipshire,  eitlier  continue  in  the  same  state,  or 
"have  been  confii-med  by  grants  from  New-York;  and  also,  those  which 
"have  since  originated  under  grants  from  the  lat'er  of  those  colonies. 

"With  regard  to  those  townships,  which  fall  under  the  first  of  the 
"above  mentioned  descri])tions;  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  ncigh- 
"borhood  of  the  French,  in  time  of  war,  could  bring  upon  them;  and, 


Appendix  I.  515 

••when  \ve  ;ul(l  to  tlu-sf  coiisidcratioiis,  llie  nn-at  n-asuii  ihcre  i>  lo  ht;- 
"  lieve  that  the  grants  wvw  made  npon  the  groniul  of  niihlaiy  services 
''against  the  enemy;  we  do  not  hesitate  to  suhmil  to  yonr  Lordsliips  our 
"  opinion,  that  the  present  proprietors  of  tiiese  townships,  ouiiht,  Imlli  in 
'■Justiee  and  eqnily,  to  he  (juieted  in  their  possessions:  and,  that  all 
"grants  whatsoever,  niadelty  tlie  government  of  iVe/r-ForA;,  ol'any  lands, 
'•  within  the  limits  of  those  townships,  wlu'ther  the  degrees  of  improve- 
"ment,  nnder  the  original  grant,  had  heen  more  or  less,  are,  in  ev^ry 
"light,  whieh  they  can  be  viewed,  opjjressive  and  unjusi.  But,  as  we  are 
"sensible,  that  such  suiise(|uenl  giants  maile  by  the  government  of  New- 
"  York,  however  unwairantable.  eannol  be  set  aside  l)y  any  authority  from 
"his  majesty,  in  case  the  irrantees  shall  insist  on  Iheirtitle;  wesubnutto 
"your  Lordships,  whether  il  migiil  not  l)e  expedienl.  in  order  tocpiiei  the 
•■original  jiroprietors  in  their  possessions,  to  pro|)ose  that  all  such  persons 
"  who  mav  claim  possession  of  lands  within  the  limits  of  such  lownships, 
"  under  iVewj-l'or^- grants,  should,  upon  condilion  of  (heir  (|uitting  such 
''claim,  receive  a  grant  under  the  Seal  of  Stic-Vark  U|)on  the  like  terms, 
"and  free  of  all  expences,  of  an  e(iual  number  of  acres,  in  some  other 
"part  of  the  District  lying  between  the  rivers  Hudson  and  (Jouneclicnt; 
"and  in  case,  where  any  actual  settleineni  or  improvement  has  been 
"  made  by  such  claimants,  that  they  should,  in  such  case,  receive  lifly 
"acres  of  waste  land  for  every  three  acres  they  may  have  improved. 

"  With  regard  to  those  grants  made  by  the  goveinment  of  New-York, 
"  which  fall  within  the  second  description,  and  upon  which  any  actual 
"  improvement  has  been  made;  they  do  a|)pear  to  us  to  deserve  the  same 
"consideration;  and  that  the  proprietors  thereof  ought  not  to  i)e  dis- 
"  turbed  in  their  possessions,  whetlii'r  that  improvement  he  to  a  greatei' 
"  or  lesser  extent.  But  we  beg  leave  to  ol)serve  to  your  Lordshijis,  that, 
'"  in  both  these  cases,  no  consideration  ought  to  be  had  to  any  claim,  where 
'•it  shall  ajjpear  that  no  regular  possession  has  ev(;r  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  Ijordsbips  our  opinion;  That,  provided 
"such  townshiijs  do  not  include  land  within  the  limits  of  some  antece- 
"  dent  grant,  upon  which  actual  impi-oveineiil  has,  at  any  time,  been 
"made,  it  would  be  adviseable  they  should  i)e  continued  as  townships, 
"according  to  the  limits  ex^pressed  in  the  grants  thereof;  and  that  all 
"persons  having  possession  of  any  shares  in  the  said  townships,  either 
"as  original  grantees,  o>;  by  puichase  or  conveyance,  and  upon  which 
"  shares  any  actual  im|)rovement  or  settlement  has  lieen  made,  ought 
'' not,  in  justice,  to  have  been,  or  to  be,  in  future,  disturl)ed  in  tlu- pos- 
"  session  of  such  shares;  nor  ought  they  to  Ije  bound  to  any  other  con- 
editions,  whether  of  (piit-rent  or  otherwise,  than  what  is  contained  in 
"•  the  grant.'' 

These  inducements  are  iiidispulably  authorilalive,  and  need  no  com- 
mentation: Yet,  notwithstaiuling  the  priority  and  i)i-eference  of  the  Xew- 
Haiupshire  title  to  thai  iA'  Xeiv-York,  and  the  so  many  corroi)orating  and 
concomitant  inducements  to  the  claimants  under  I  In;  formei'.  to  settle 
and  cultivate  ihoselands;  yet  the  assemijly  of  ^  eio-York,  in  sundry  parts 
of  their  state  of  the  right,  &c.  and  more  particularly  throuirh  the  ai)pen- 
dix,  treat  those  inhahilants,  merely  on  account  of  such  settlement,  with 
the  most  extrenn;  injury;  who,  instead  of  arguing,  onlv  declaim  against 
them;  and  go  on  in  a  gra<lation  of  conseriueuces  diawn  from  false  prem- 
ises, till  they  have  dragged  them  from  their  true;  character  of  honest  men, 
to  tliat  of  usurpers,  rioters,  and  felons.  Although  the  (|uolalions  from 
our  authors  have  already  been  lengthy,  yet  that  a  precedent  of  their  in- 


516  Appendix  I. 

justice  may  not  here   be  wanted,  tlie   follDwiiig,  from  the  third  page  of 
their  appendix,  is  inserted. 

'■  But  though  the  same  ])rineii)h's  have  l)een  exjilained,  and  enforced 
"  in  several  acts  and  proclamations  of  government,  as  well  as  on  re))eated 
■'trials  in  our  courts  ol'  judicatory,  lliey  have  left  no  sui1ai)le  impres- 
"sion  on  the  contentious  claimants  under  New- Hampshire.  On  the 
"contrary,  in  contempt  of  tlie  dictates  of  justice,  the  decisions  of-law, 
"and  tlie  civil  authority,  iiave  their  enc^roaidiments,  which  were  few  in 
"number  at  the  time  of  the  royal  determination,  b;'en  encieased  and 
"extended  in  a  t(;n  fold  proi)ortion;  and  that  in  general  by  men,  who 
"cannot  plead  that  they  win-n  deceived  or  ignorant  of  the  nature  or 
'•merit  of  their  claim,  which  it  appears,  wc;re  too  notorious  to  have  es- 
"caped  their  observaiiou,  but  who  in  spite  of  every  warning  and  re- 
"  monstrance  to  deter  them,  which  human  prudence  cnuld  devise,  en- 
"  gaged  as  volunteers  on  the  side  of  JSfeiv- Hampshire,  and  wilfully 
"plunged  into  the  controversy.  To  extenuates  their  own  indiscretion 
''and  misconduct,  calumny  and  misrepresentation  are  their  only  re- 
"  source,  and  accordinirly  without  the  least  reason,  they  charge  tiie  gov- 
"ernnient  of  New-York  with  partiality,  and  every  land  holder  under  it, 
"  ujion  whom  they  have  trespassed,  with  injustice  and  oppression;  assert- 
"  ing  that  because  they  have  sanctified  their  claim  by  a  wrongful  i)os- 
"sion,  they  ought  ])eaceably  to  enjoy  the  fruits  of  their  usurpation.  To 
"  mortify  their  ])retentions  they  have  spared  no  art  or  act  of  violence, 
"howi!ver  criminal:  and  after  all,  as  if  they  were  really  injured,  and  the 
"o1)jects  of  regard,  they  do  not  hesitate  to  carry  their  complaint.s  to  the 
"  throne,  and  by  special  ag(!nls  to  solicit  some  exti-aordinary  act  of  favor, 
"by  which  their  offences  may  be  i)asscd  over  with  impunity,  and  their 
"encroachments  perpetuated  m  predjudice  to  those  who  enjoy  a  clear 
"title  from  the  ci"own,  under  the  great  seal  of  New  Fork.''' 

As  (his  clamorous  question  is  alread}'  mostly  answered,  I  shall  onlj- 
remark,  as  to  tliose  set'lers  extending  their  encroa<'hnu'nts  in  a  ten  fold 
proporlion,  since  the  royal  determination.  It  hath  been  fully  evinced 
that  this  determination  respected  jurisdiction  only,  and  the  before  re- 
cited royal  order  and  i-eport  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."  Tliis  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,  ui)on  which  encouragement  those  claimants  have 
greatly  extended  settlements  on  those  lards,  in  a  more  special  manner 
on  Onion  river,  and  lake  (Jhamplain  l)etween  the  township  of  Panton. 
which  abuts  on  the  lake  ojiposite  Crown  Point,  and  the  said  river,  and 
north  of  it  almost  to  the  forty-fifth  degree  of  nortli  latitude,  and  prep- 
arations are  vigorously  making  to  extend  these  settlements  to  the  very 
bounds  of  the  i)r()vince  of  Quebec.  It  is  seldom  any  new  country  settles 
with  such  rapidity,  notwithstanding  the  o]ii)ositions  they  meet  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  ])ast,  would  amount  to  no  very  inconsiderable  sum.  And 
those  settlers  fi-om  the  foregoing 'reasons,  do  not  in  the  least  hesitate, 
f  ^'  but  that  they  in  so  fulfilling  the  conditions  of  their  charters,  have  and 
are  acting  agreeable  to  his  majesty's  will  and  jileasure;  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  Hssembly  of  New  York  have  been  very  particular  in  their  history 


,H\ 


Appendix  I.  517 

of  the  tumulls  and  riots  made  by  thost*  settliTs,  in  opposition  to  tlint 
government,  (many  <»f  wliieli  faels  mnsi  he  conlessed  to  he  true)  tliough 
tiiey  haA'e  carel'ully  omitted  tiieir  manyfold  provocations,  yet,  with  all 
tiieir  particuhirity  have  given  hut  a  ver}-  imperfect  idea  of  liiosi'  trans- 
actions. I  sliall  therefore,  waving  particulars,  give  a  general  review  of'  7 
the  economy  of  those  settlers  in  tiieir  opposition  to  that  governnu-nt. 
For  defending  their  pioperty.  they  were  indicted  rioters;  the  next 
thing  was  to  defend  rioters;  then  they  had  two  objects  of  protection, 
viz.  persons,  as  well  as  property:  The}'  were  at  first  greatly  intimi- 
dated at  the  empty  ajjpearance  of  layv,  that  their  opponents  were  so 
conversant  with,  sometimes  despairing  of  maintaining  their  posses- 
sions; yet  upon  extrenu'ty.  rallu-r  than  tjuit  their  substance  to  the  insa- 
tial)le  lavishcrs.  would  rally  and  frustrate  their  designs:  Thus,  when 
the  sheriff  of  the  count}-  of  Albanij  with  his  posse  came  to  dispossi-ss 
some  of  them,  they,  most  generally,  boldly  took  up  aims  and  appointed 
leaders.  Matters  having  come  to  this,  not  long/fd'ler,  the  inhabitanis  |»'S7^ 
assembled  and  ainxiinted  committees  of  safety  in  the  si'vi'ral  towns  ' 
throughout  their  settlement;  this  general  committe  have  the  conducting 
of  the  public  atlairs  of  the  country  for  its  security,  till  his  majesty  settles 
the  controversy.  They  have  erected  several  companies,  which  liy  the 
votes  of  the  soldiers  are  furnished  with  otlicers;  these  comjianies  form  a 
regiment  which  are  known  by  the  significant  character  of  ijreen  moun- 
tain boys,  who  are  generally  in  the  jjrime  of  life,  well  versed  in  the  use  / 
of  tire-arms,  and  of  robust  constitutions;  probably  no  American  regi- 
ment in  an  interior  defence  could  exc'el  them,  or  that  would  willingly  [or 
more  willingly]  contribute  to  the  support  ot  the  (U'owii  of  Great  JiriUiui; 
for  it  is  observable-,  that  such  subjects  that  will  not  light  for  their  prop- 
ert}^  will  never  tight  for  their  king.  And  the  general  instructions  from 
the  committee,  ever  have  been,  not  to  act  in  any  thing  against  the  gov- 
ernment of  Hew-York,  but  on  the  defensive. 

It  is  in  the  nature  of  things  impossible  to  pass  a  right  judgment  on 
the  conduct  of  the  Nev>Hampshire  settlers,  without  taking  into  view  the 
treatment  of  the  government  of  Ncic-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  Ken--York\  and  its  pat- 
entees, have  a  clear  and  incontestible  right  to/those  lands;  and  that  the}'  c>i<^> 
are  intruders,  and  by  force  and  violence  have  maintained  such  encroach-''^  "^ 
ment.s;  then  they  are  truh'  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  ap])r.>batioiis  of  both  their 
title  and  settlement  from  the  British  administration,  then,  the}'  are  not 
guilty  in  manner  as  those  gentlemen  have  declared:  and  tin-  imparti:il 
public,  instead  of  viewing  them  as  usurpers,  i-ioters,  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  fu- 
defending  their  ])ersons  and  ))roperties. 

Thus,  is  humbly'submitted  the  state  of  the  (toiitroversy,  which  has  for 
many  years  subsisted  l)etween  the  government  of  New-York  and  the 
setllei's  under  New-Hampshire;  by  imi)artial  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  opj)oneiits  will  be  adjudged  as 
futile  and  cruel. 


FINIS. 


'f,*'"'"^ 


(/- 


i 


A  P  P  E  iN  1 )  I  X    J 


DOCUMENTS  ON  THE  ENFORCEMENT  OF  THE  AUTHOR- 
ITY OF  VERMONT  IN  CUMBERLAND  COUNTY 
IN  MAY^  1779.« 

[From  the  Dock mentary  History  of  New   York\  vol.  4,  i).  581-2.] 

Samuel  Minott,  Esq.,  to  Gov.  Clinton. 

BitATTLEBOROUGH,  May  25*1'  1779. 
(Sir -The  Committee  of  this  [Cumberland]  County  who  are  now  met 
for  the  purpose  of  opposing  tlie  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  Count}'  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 


>  See  ante,  pp.  298-9,  302-3,  307-9,  and  442-3. 

"  The  towns  represented  by  adherents  to  New  York,  May  4,  1779,  were 
Hinsdale,  [Vernon,]  Guilford,  Brattleborough,  Fulham,  [Dummerston,] 
Putney,  Westminster,  Rockingham,  Springfield,  and  Weathersfleld. — 
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  Piatt, 
was  born  at  Cedar  Swamp,  Oyster  Bay,  Long  Island,  May  13,  1749; 
graduated  as  Bachelor  of  Arts,  Nassau  Hall,  Princeton,  N.  J.,  Oct.  8, 
176G,  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  cajitain  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.  •  ")19 

a  nuitiber  of  other  Persons.  Tliey  li:ive  also  taken  llu'  Militia  ( )tliccrs 
in  Putney  and  Westminster  witii  others;  tlie  number  ot  prisoners  we 
eannot  ascertain.  Col.  AUine  [Allen]  deelared  that  he  had  live  luindred 
Green  Mountain  Boys  with  iiim — we  are  not  able  to  ascertain  the  num- 
ber, but  believe  there  is  not  quiite  so  many  who  are  come  from  the  west 
side  <U' the  Mountains;'  they  are  assisted  by  a  number  of  the  inhabit- 
ants of  this  County.  Where  they  will  carry  the  Prisoners  we  <-anntit 
tell.  Col.  AUin  treated  the  people  here  with  the  most  insultinir  lan- 
guai^e,  assaulted  and  wounded  several  persons  with  his  swonl  without 
the  least  provocation,  and  bids  defiance  to  the  State  of  New-York,  de- 
clares the}'  will  establisli  their  State  by  the  sword,  and  fight  all  who  siiall 
attempt  to  oppose  them.  Nothing  hut  the  i-eluctance  the  peojjlc  licre 
have  to  shedding  human  l^lood  could  hiiuler  them  from  attempting  to 
rescue  the  Prisoners — they  had  every  insult  which  the  human  mind  is 
ai)le  to  conceive  of  to  prompt  them  to  it.  (^ur  situation  is  truly  critical 
and  distressing,  we  therefore  most  humbly  beseech  your  Excellency  to 
take  the  most  speedy  >\i  ethcieiit  Measures  for  our  Helief;  otherwise  our 
Persons  and  Propert}"  must  l)e  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  E.xcelleucy's  most  ob"!- 
hum'''"  servts. 

Signed  by  order  of  the  Couimittee,         Samuel  Minott,  Chairman. 

To  his  Excellenci/  George  Clinton  Esq.  Gov.  of  the.  State  of  New -York. 


Governor  Clinton  to  President  Jai/. 

May  2<JH'  1779. 
Sir — Y"ou  will  perceive  from  tin;  (juclosed  Papers-  that   what  I  have 
long  expected  and  frequently  apprized  Congress  of  has  actually  hap- 

Townsend  removed  to  Brattleborough,  Vt.,  and  Aug.  15  177S  married 
Mary,  daughter  (^f  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  tlu'  same  year 
(1781)  he  was  made  secretary  of  state,  and  he  held  that  ollice  until  he 
resigned,  Oct.  21,  1788,  when  the  Gcmeral  Assembly  b}'  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  lion.  Royal  Tyler  in  1801, 
judge  Townsend  resided  in  Guilford  a  year,  and  then  remoyed  to  Farn- 
ham,  Province  of  Quebec,  where  he  died  Ajiril  'i;5,  18;}2,  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  biograjihical  notice,  see  Eastern 
Vermont,  pp.  700-706. 

'One  hundred  men  from  Benuington  was  the  number  ordered  by  gov. 
(.!hittenden.— See  ]).  300.  The  whoh;  Vermont  force  ranged  from  two 
to  three  hundred  and  fifty. — See  Eastern  Vermont,  p.  339. 

'^  Minotfs  letter,  and  other  papc^rs  concerning  the  action  of  Vermont. 


520  Appendix  J. 

pened.  These  papers  which  need  no  Comment  I  have  transmitted  to 
your  Excellency  by  P^xpress  with  an  earnest  Request  that  you  will 
please  immediately  lay  it  before  Conirress. 

Altho'  this  matter  will  scarce  admit  of  a  moment's  delay,  yet  as  the 
I^egislature  are  to  meet  on  Tuesday  next  1  shall  defer  taking-  any  deci- 
sive measures  (exce])t  issuing  the  necessary  orders  to  the  militia  to  hold 
tliemselves  in  readiness)  until  I  can  have  an  opportunity  of  o])taining 
their  advice  and  Direction.     I  am  &c.  &c.  (lEO.  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  foi-  the 
Defence  of  the  frontiers  &  to  compleat  the  Continental  Battalions  ex- 
cejit  such  small  small  part  as  are  already  annexed  to  those  Regiments  to 
march  to  Brattleborough  for  the  jn-otection  of  that  and  the  adjacent 
Towns  unless  tlie  Interi)osition  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   .Inuimals   of  Conoi-ess,   1779-80,  Vol.   V.J 

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,  tlie  president  resumed  the 
chaii',  and  Mr.  Plater  [of  Maryland]  reported  that  the  committee  of  the 
whole  have  taken  into  consideration  the  letter  of  the  ISth  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: 

'"The  Petition  of  the  Committees  of  the  towns  of  Hinsdale,  [Ver- 
non,] Guilford.  Brattleborough,  Fulham,  [Dummerston,]  Putney,  West- 
minster, Rockingham,  Springfield  and  Weatherstield  in  Cumberland 
County;  chosen  for  the  purpose  of  opposing  the  pretended  State  of  Ver- 
mont &  convened  at  Brattleborough  the  4*''  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  Ihemselves  and  their  Constituents  entreat  that 
your  Excellency  [Gov.  Clinton]  will  take  immediate  <fc  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 
Iinpro))riety  of  delaying  a  publication  of  their  Sentiments  in  a  matter 
which  so  nearly  concerns  the  Peace,  Welfare  &  probably  the  Lives  of 
many  ot  their  firm  adherents." 

-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.  Miuott's.  was  received 
while  Congress  was  in  committee  on  this  subject  on  the  1st  of  June. 


Appendix  J.  521 

The  report  being  read,  Congress  tliercupon  came  to  the  following  res- 
olutions: 

WiiEUEAS  clivers  applications  have  been  niaiU-  to  Congress  on  the 
part  of  the  Slate  of  Jf.  York  ami  of  the  State  of  N.  Ilanijjshire.  relative 
to  disturbances  and  animosities  among  inhabitants  of  a  certain  district 
known  b}-  the  name  of  "tlie  >«ew-llanipsliiie  Grants,"  praying  their 
interference  for  the  quieting  thcrct)f;  Congress  having  taken  the  same 
into  consideration. 

Resolved,  That  a  committee  be  appointed  to  repair  to  the  iniiabitanls 
of  a  certain  district  known  by  the  name  of  the  New-Uampsiiire  (xrants, 
and  enquire  into  the  reasons  why  they  refuse  to  continue  citizens  of  the 
respective  states  which  heretofore  exi-rcised  jurisdiction  over  the  said 
district;  for  that  as  Congress  are  in  duty  i)ound  on  the  one  hand  to  pre- 
serve inviohite  the  rights  of  the  several  states,  so  on  the  other  they  will 
always  be  careful  to  provide  that  tlie  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  ever}' 
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  w'as  made  b}^  Mr.  Henry  [of  Maryland,]  seconded  by  Mr. 
Carmichael  [of  Maryland,]  to  strike  out  the  w-ord  ''several,"  atid  in  lieu 
thereof  insert  "united;"  and  on  the  (juestion,  shall  the  word  several 
stand?  The  yeas  and  nays  being  reiiuired  by  Mr.  Henry,  New-Ilamp- 
..hire,  Massachusetts-Bay,  Connecticut,  Xew-York,  New-Jersey,  Penn- 
sylvania, Virginia,  ]*^ortli  Carolina,  and  South  Carolina,  voted  aye;  and 
Rhode  Island  and  Maryland  voted  no;  So  it  was  resolved  in  the  attir- 
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  tlrat  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,  an}'  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  10, 1779. 

The  committee,  consisting  of  Mr.  Jenifer  [of  Maryland,]  Mr.  Arm- 
strong [of  Pennsylvania,]  and  Mr.  Sharpe  [of  North  Carolina,]  to  whom 
was  referx-ed  the  letter  of  the  7th  of  June  from  governor  Clinton,' 
brought  in  a  report;  whereupon, 


'  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    princii)al  officers  of 
government  in  the  county  of  Cumberland  ])y  the  revolters  of  this  Stale," 
35 


522  Appendix  J. 

Resolved  unanimously.  That,  the  officers  acting  under  the  state  of 
New-York,  who  were  latel}'  restrained  of  their  liberty  by  certain  per- 
sons of  a  district  called  the  New-TIampshire  Grants,  ought  to  be  imme- 
diately liberated. 

Besolved  unanimously.  That  the  committee  a]ipointed  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  hitters  be  transmitted  to  the  said 
committee;  and  that  they  be  directed  to  report  S2)ecially  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  salutar}^  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, 177U. 

After  reciting  the  foregoing  resoluiion  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. 


fFrom  the  Documeniary  History  of  New  York,  vol.  4,  pp.  588-590.] 

John  Withers])007i  and  Samuel  J.  Atlee,  of  the  Committee  of  Congress,  to 

Samuel  Minott. 

Bennington,  June  2.3'''  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  yju  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  tlie  frontiers  l)ceause  the  Requisition  was  nia«h'  under  the 
Aiitliority  of  the  State  of  Vermont,  and  that  you  have  met  with  some 
Troubk^  on  this  Account.  We  liave  Iherefnre  sent  tins  to  inform  ynu 
that  we  hojie  tlicrc  will  be  by  interposition  of  Conjjress  a  liappy  Accom- 
modation of  all  Ditferences  in  a  sliort  Time;  in  the  mean  while  wc  have 
obtained  a  promise  from  Governor  Chittenden  that  yon  shall  not  l)e  mo- 
lested till  matters  are  tinally  settled,  and  we  have  en;,Mged  to  write  to 
you  voluntarily  and  freely  to  raise  your  full  Proi»ortion  of  ^len  when- 
ever your  Xeiiihbours  are  called,  and  you  are  informed  of  this  either  by 
continental  Othcers  or  the  New  State  till  such  Time  as  you  have  S|>ecial 
Directions  from  the  frovernor  of  New-York,  which  we  hope  to  obtain 
for  you  on  our  Return  home.  This  we  arc  confident  you  will  readily 
comply  with,  as  otherwise  Pi'ople  will  be  tempted  to  inajjutc  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  quietl}-  and 
orderly  while  the  measures  for  Pacification  are  on  foot. 

We  are,  &c.  Joiix  Witiferspoon, 

Sam.  J.  Atlee. 


Governor  Chittenden  to  a  Vermont  officer  in  Cumberlwul  County. 

Renningtox,  2:}<'  June,  1779. 

Sir, — Your  favor  by  M""-  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  Stales;  The  present  distressed  Situa- 
tion of  our  northern  Frontiers  absolutely  demands  the  assistance  of  their 
Brethren  and  Friends.  Am  sorry  to  tiud  that  ])rivate  difliculties  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 
w^e  mixy  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  readil}'  turn  out  in  Defence  of  thi'ir  Country  agriicabh'  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  i)rosccutions 
in  the  Law  against  those  who  acknowledge  themselves  Subjects  of  the 
State  of  New- York,  (except  Capital  Offences)  until  Congi-ess  makes  a 
final  Determination  in  the  Matter. 

I  am  Sir  Your  hum'''«  Servt^' 

Thos.  Chittenden. 

A  true  Copy    p""     Jos.  Fay. 


Gov.  Chittenden's  Answer  to  the  Queries  of  the  Committee  of  Congress. 

State  or  Vermont,  Rennington,  24"'  June,  1770. 

Gentlemen, — Agreeable  to  your  Recjuisition  1  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  bnt  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  jDresent  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  Eight  under  New- 
Hampsliire  ? 

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  viz*  :  "That  all  sucli  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  J^ands — and  I  presume  to  say  it  is  not  in  the 
Power  of  the  Legislature  of  New-York  to  confirm  those  Lands,  being 
previousl}^  granted  to  others.  There  are  sundry  other  Passages  in  tlie 
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  a])proba- 
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-3^ork 
promote  or  hinder  the  com])lete  Settlement  of  the  Countr}-  ? 

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  Col"  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.  Col"-  Allen  proceeded  into  Cumberland  county  under  Direction 
of  the  Civil  Authority  of  tliis  State  to  assist  tlie  Sheriff  in  the  Execution 
of  his  office  in  apprehending  a  ceitain  Number  of  Persons  tor  (he  Pur- 
pose of  bringing  them  before  the  Superior  Couits  of  this  State  for  Trial 
for  riotously  injpeding  a  certain  officer  in  the  Execution  of  liis  Olliee  in 
selling  Estate  taken  by  said  officer  according  to  Law  from  Persons  wlm 


I 


Appendix  J.  525 

refused  to  ilo  tlieir  ttnir  of  Militia  Duty  in  (JuMnlintr  tlic  Frontiers  of 
this  and  the  United  States  of  America  a<i;ainst  tlu;  ('nniinMn  Kneniy 
agreeahh'  to  Orders  of  the  Board  of  War  of  this  State  issiu-d  in  Pursu- 
ance of  advice  received  from  Briif""-  (ieneral  ("iititon  for  lliat  Purpose. 

11  Qu:  Are  you  \vil]in<j  and  (lo  you  think  it  is  the  Minds  ol  the  Peo- 
ple to  refer  the  final  Decision  of  this  Matter  at  anv  Rate  lo  tin-  Con;j;ress 
of  the  United  States? 

A:  I  helieve  I  may  he  warranted  to  say  in  Hcdialf  of  the  People  of 
this  State,  that  they  would  tliink  themselves  happy  in  suhmillini^  the 
long  controverted  Dilferences  suhsisting  lietwi'i'U  tliis  ;ind  the  State  of 
New- York  to  the  Determination  of  Congress,  tlu-y  heinix  allowed  equal 
Privilege  as  the  State  of  New-York  in  uipporting  their  Cause,  reserving 
to  themselves  in  the  Trial  all  Rights.  Privileges,  Immunities  and  ad- 
vantages which  they  had  or  might  have  hy  any  former  (Grants,  Jui-is- 
dictions.  Powers,  and  Privileges  on  account  of  any  Province  or  Slate 
heretofore  had,  notwithstanding  any  sul)se(pient  Transact  ion. 
I  am  Gentlemen  with  the  highest  Esteem 

Your  oh'-  humble  servant, 

Thos.  Chittenden. 

The  Hon!''^  Docf  Withersjjoon  &  Col"-  Atlee,  Members  of  a  Committee 
of  Congress. 


[From  Hilaiul  Hall's  Earli/  History  of  Vermont,  p.  2!»2.] 

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  Cuinberhind  county 
had  been  sold  under  such  order  in  conformity  to  the  law  of  tiie  State, 
which  information  he  at  once  communicated  to  them  by  letter,  in  which 
he  stated  that  as  this  ''  was  occasioned  wliolly  by  reason  of  those  i)ersons 
neglecting  to  do  their  proportion  of  duty  in  the  present  war,  they  would 
readily  perceive  it  could  not  be  construed  to  be  any  breacli  of  the  en- 
gagement which,  agreeably  to  their  advice,  he  had  entered  into  with 
them."  In  their  aiiswer,  "dated  at  Albany  the  2Sth  of  June,  they  say 
they  were  "not  willing  to  consider  it  a  lireach  of  the  agreement,'"  but 
expressed  great  apjirehension  that  "it  might  be  the  means  of  (U'feating 
all  their  endeavors  for  procuring  peace."  and  gave  it  as  their  o])iniou  that 
the  agreement  would  be  wholly  frustrated  unless  a  stoji  was  put  to  iur- 
ther  proceedinirs  ot  the  kind,  and  restitution  made  to  the  peojjle  whose 
cattle  had  been  thus  seized. 


ADDITIONS  AND  COKKECTIONS. 


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  proltably  be  Benjamin  Hitchcock.,  James  Bentley,  and 
Thomas  Brayton. 

Col.  William  Williams. — Joseph  Williams,  p.  67,  line  4,  should  be 
Willia^n  Williams. 

Matthew  Lyon,  pp.  71-74,  12.3-128;  and  Benjamin  Emmons. — Hknry 
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  Pi-ivileges  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  177G,  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 


I 


Additions  and  Corrections.  527 

think  you  will  never  bo  able  to  prove  that  Eniinoiis  had  a  niiich  bcltt'r 
right  to  the  place — nothing  beyond  hearsay/' 

Members  of  the  Convention  that  adopted  the  Cotistitution,  p.  ()."{. — Mr. 
Dana  has  kindly  furnished  the  following  lisl  of  delegates  to  the  Wind- 
sor Convention  of  July  1777,  copied  from  a  memoir  of  William  (Jallup, 
by  his  son  the  late  Doct.  Joseph  A.  (iallui).  dated  August  14,  lS4fj. 
Doct.  Gallup  was  eight  years  of  age  in  1777,  and  nuist  in  his  youth  have 
lieanl  much  of  the  public  men  and  the  transactions  of  that  period: 

Jabez  Sargoit,  Caventlisli,  [Chester.] 

Joel  Matthews,  Hartland. 

Benjamin  Emmons,  Woodstock. 

Stejihen  TiJilen  and  Jose])h  Marsh,  Hartford. 

Johu  Throop  and  John  \V.  Dana,  I'onifret. 

Peter  Olcott  aud  Jacob  Burton,  Norwich. 

Joel  3£arsh,  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  178S.] 

P.  124,  fifth  line,  for  "  Goodrich  "  read  Gr'.swold. 

Col.  Philip  Skene,  p.  130,  last  line. — "Col.  Steene"  should  probably  be 
Col.  Skene. 

Rescue  of  Remember  Baker,  1772,  pp.  14!)-50. — Gov.  Hall  has  written 
to  the  editor  saying  : 

"I  do  not  quite  like  what  you  say  about  the  rescuers  f)f  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  xVllen  in  his  history  (p.  31,)  after  speaking 
of  the  captuie  of  Baker  says  that  an  express  was  sent  to  liennington 
with  the  tidings,  instantly  on  the  news  ten  men  mounted  their  horses 
and  pursued  tTiem,  &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  iiaving  been  furnished  by  Munro  himself.' 
That  does  not  appear  in  the  Documentary  IListory.  The  letter  of  Munro, 
giving  an  account  of  tlu;  rescue,  is  dated  April  lo,  1772,  aud  the  list  is 
stated  to  have  been  pi-oduced  in  Council  the  2()th  of  Ma\',  1772,  more 
than  a  month  after  Munro's  letter,  but  by  whom  produced  (Iocs  not  ap- 
pear. The  statement  in  th(>  Vermont  llistorical  Magazine,  vol.  1,  p. 
125,  is  evidently  the  mere  conjecture  of  Mr.  [Rev.  F.  A.J  Wadleigh.  It 
might  have  been  furnished  by  JSIunr.),  aud  mightnot,  but  a  loose  memo- 
randum found  on  the  files  of  the  New  York  Council,  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,  botli  published  while  there  were  mime- 
rous  living  actors  in  the  affair."'' 

Gov.  Hall  referred  me  to  Ethan  Allen's  account,  which,  I  find,  indicates 
that  inhabitants  "ou  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,* 
were  : 

"These  distressing  tidings  being  soon  spread  on  the  premises,  en- 
hanced tlie  innocent  inhabitants,  and  for  the  preservation  of  Baker  his 
family  &  their  own  persons,  families  and  eflects,  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  jirivate  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,  vmable  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.  l,p.  125,  that  the  list  published  in  the  Documentary 
History  of  New  York  was  "in  the  account  communicated  by  this  savage 
Justice  Mu7iro,  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,  IGth  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  "I^'o.  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  IShelhurne,  p.  245. — The  fight  was,  evidently  from  the  Council 
and  Assembly  records,  on  the  12th  of  March  1778.  The  ci'op  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. 

^  Ethan  Allen  and  the  Green  Mountain  Heroes  of  1776,  p.  164. 


Additions  and  Corrections.  529 

Colonel  Eleazer  and  the  tory  William  Patterson,  p.  299. — Tn  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  eopy,)  makes  the  note  on  William  Patterson  a  libel  upon 
Gov.  Clinton,  inasmuch  as  the  Governor  did  not  commission  the  lory 
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  inters  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. 


I 


A. 


Abbott,  John,  148. 

Abbott,  Timothy,  150,  508. 

Acknowledgmeuts  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 
Chipmau  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- 
S.— 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 
Ni;w  York,  444-517.-Biograp]ucal 
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,  nO-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:  toCom- 
missioner.s  of  Sequestration,  1777, 
136;  to  New  Hampshire  Council 
of  Safety,   1777,  131;  to  Samuel 


534 


General  Index. 


Hitchcock,  1809,  115;  to  Eleazer 
Keyes,  ISIO,  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  proceedincrs  of  New 
Hampshire  thereon,  432-435;  ad- 
dress to  the  people  of  Vermont 
on  the  same  suhject,  43fi-441. — 
Manifesto  of  Vermont,  1777,  390- 
393.  —  Miscellaneous  Remarks 
and  Short  Arguments,  in  reply  to 
a  pamphet  disti-ibuted  by  the 
Convention  of  New  York,  1777, 
376-389.— Biographical  note,  115. 

Allen,  Ira  H.,  111. 

Allen.  Isiael,  75. 

Allen,  Lii'Ut.  John.  160. 

Allen,  Joseph.  110-113.  147. 

Allen,  Lieut.  Levi,  9,  110-113,  116, 
147. 

Allen,  Lucy,  111. 

Allen,  Lvdia,  IIL 

Allen,  Maria -luliet.  111. 

Allen,  Mary  Brownson,  110. 

Allen,  Matthew,  110,  147. 

Allen,  Capt.  Parmaly,  188,  221,  .309. 

Allen,  Samuel,  7,  110,  147. 

Allen,  Lieut.  Samuel,  260. 

Allen,  Zimri,  brother  of  Ira,  110- 
113, 147. 

Allen,  Zimri,  son  of  Ira,  111. 

Alvord,  Eliiah,  63,  329,  344,  346, 
347,  350,  351,  354. 

Amsden,  Thomas,  336. 

Amherst,  Maj.  Gen.  Jeffrey,  156, 
183. 

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. 

Armstrong,  Ensign  Lebbeus,  176, 
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. 


Ashley,  Thomas,  12. 

Assembly  journals,  extracts  from, 
243-2.50,  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. 

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,  14i),  163,  l'.»2.  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. 

Banishment  of  Tories — see  Act  of 
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. 

Barnes,  Francis,  173. 

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. 

Bartholomew,  Timothy,  280,  303. 

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.— ie«ers 
of:  to  J^ew  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,  fcjergt.  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- 
tion trom,  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,  Al)el,  53,  55. 

Benedict,  Elijah,  172;  Mrs.  Elijah, 
291. 

Benjamin,  John,  229,  249,  290,  291. 

Bennett,  Nathaniel,  344,  345,  351, 
352  357. 

BenUey,  James,  15,  23,  526. 

Benton,  Lieut.  Eldad,  356. 

Benton,  Lieut.  Samuel,  15,  23,  26, 
32,  35. 

Bigelow,  Joel,  47. 

Biglow,  Jotham,  46. 

Biographical  notes :  on  Doct.  Samuel 
Adams,  167;  Col.  Ebenezer  Al- 
len, 147;  Gen.  Ethan  Allen,  262; 
the  Allen  family,  110-117;  Capt. 
Heman  Allen,  114;  Maj.  Gen.  Ira 
Allen,  115;  Asa  Baldwin,  146  ; 
Lieut.  Barnabas  Barnum,  215 ; 
Gen.  Jacob  Bayley,  30,  31,  117  ; 
Col.  Timothy  Bedel,  264;  Col.  Jo- 
seph Bowker,  190;  Lieut.  James 
Breakenridge,    151;    Maj.    Jona- 


than Breakonridge,104;  Col.  John 
Brown,  ISl;  Gen.  Gidfon  limwii- 
son,  7,  8;  Col.  Tiinotliy  Brown- 
son,  238;  Crean  IJru.sli,  271 ;  Ciipt. 
Jesse  Burk,  3".)S;  Naliian  Can- 
field,  163;  Lieut.  Gov.  Benjamin 
Carpenter,  117  ;  Hon.  Tliomas 
Chandler,  jr.,  241;  Gov.  Thomas 
Chittenden,  118,  portrait  facing 
title-page  t  Gen.  Isaac  Clark,  121, 
122,  225;  Maj.  Jeremiah  Clark, 
120  ;  Hon.  Nathan  Clark,  120 ; 
George  Earle,  316;  Hon.  Benja- 
min Emmons,  239;  Benjamin  and 
Zadock  Everest,  183,  211;  Doct. 
Jonas  Fay,  122;  Col.  Joseph  Fay, 
122  ;  William  Gallup,  247  ;  Col. 
John  Hazeltine,  317;  Gen.  Moses 
Hazen,  218;  Col.  Samuel  Herriek, 
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  Plister,  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  Spaukling, 
154,  320;  Doct.  Paul  Spooner.  129; 
John  Taplin,  372;  Hon.  Micah 
Townshend,  518  ;  Abraham  Un- 
derbill, 146;  Maj.  Gen.  Benjamin 
Wait,  156;  Col.  Seth  Warner,  159; 
Col.  Samuel  Wells,  354;  Col.  and 
Prest.  John  Wheelock,  32,  428; 
Rev.  Dr.  Samuel  Williams,  177; 
Col.  Ebenezer  Wood,  221;  Capt. 
Azariah  Wright,  315;  brief  noti- 
ces of  the  otlicers  of  Warner's 
first  regiment,  6-10. 
Blake,  Rev.  Dr.  J.  L.,  177. 


536 


General  Index. 


Blukeley,  Lieut.  Jellis,  6,  8. 

Blakeslee,  James,  305. 

Blancharcl,  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. 

Bovvker,  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. 

Bradlev,  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. 

Breadstuflfs,  action  on,  207,  25.3,  264. 

Breakenridge,  David,  145. 

Breakenridge,  Francis,  155. 

Breakenridge,  Lieut.  James,  13,  14, 
19,  145. 14^6,  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. 

Buttertield,  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  ;  Champlaiu 
aud  St.  Lawrence,  IKi. 

Cantield,  Israel,  20(3. 

Cantield,  Lemuel,  16o,  108-9. 

Canfield,  Nathan,  108,  105-6, 168-9. 
— 13i()gra]ihical  note,  KW?. 

Cannon,  John,  205. 

Cape  Breton,  208. 

Carleton,  Sir  Guv,  314,  358. 

Carleton,  MaJ.  Thomas,  70, 183. 

Carpenter,  Lieut.  Gov.  Benjamin, 
27-8,  38,  53,  55,  03,  09,  7()l  73-4, 
109,  117,  204,  234-5,  249,  273,  -'75, 
282-3,  280,  303,  343.— Biographi- 
cal note,  117. 

Carpenter,  Isaiah,  507. 

Carr,  Charles,  182. 

Castle,  Abel,  jr.,  I.jO. 

Castle,  David,  109, 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. 

Chatfee,  Atherton,  345,  347,  350. 

Chaml)erliu,  Lieut.  Abner,54-5,  356. 

Chamberlin,  Lieut.  Amos,  280,  350. 

Chamberlin,  Lieut.  Benjamin,  150. 

Chaml)crlin,  Broun,  15,  23. 

Chamberlin,  lluth,  280. 

Chandler,  Asa,  54,  55. 

Chandler,  John,  271,  344,  346,  351- 
53,  357,  359. 

Chandler,  Col.  Thomas,  .30,  39,  43, 
40,  03, 241, 242,315-17,  334-5,  337- 
8,  352. 

Chandler,  Maj.  Thomas,  jr.,  40,  123, 
234,  241-43,'  315-10,  355,  359,  300. 
Letters  of :  to  Capt.  Thomas  Saw- 
yer, 245,  to  Capt.  El)enezer  Allen 
and  Isaac  Clark,  240. — Biograph- 
ical note,  241. 

Chase,  Doct.,  338. 

Chase,  Col.  Jonathan,  281. 

Chase,  Phinehas,  154. 

Chase,  Samuel,  281. 

Chelson,  Beriah,  102. 

Chester  lown  meetings,  Oct.  10, 
1774,315;  Feb.  10,  1777,43. 

Chipman,  lion.  Daniel,  vi,  79,  80.  89, 
119,  400. — Remarks  on  article 
three  of  the  Declaration  of  Rights, 
400. 

Chipman,  Hon.  Nathaniel,  89,  119. 

37 


Chipman,  Capt.  John,  0,  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,  2(i-9,  .35,  3!»,  4<;,  50,  53,  55,  58,  03, 
07,  72-4,  83-4.  109,  114,  118,  122, 
124,  127-8,  131,137,  145,  147,  197, 
202,  215,  233,  235,  254.  257,  203-4, 
275,  277,  282,  291,  294-5.  299,  390, 
399,  400,  417,  427,  442,  o-2±— Prin- 
cipal letters  and  orders  of:  to  Maj. 
Gen.  Lincoln,  109,  171,  222;  to 
Ebenezer  Willoui^bby,  170;  to 
Gen.  Gates,  175,  180,  200,  201;  to 
Col.  Ilerrick,  185;  to  Committees 
of  Safety,  190  ;  order  on  scarcity 
of  bread  stuffs,  207;  on  sale  of  in- 
toxicating liquors,  210;  on  reports 
against  the  liangcrs,  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 
Cai)t.  EI)enezer  Wood,  221  ;  to 
Maj.  Benjamin  Wait.  223;  to  Com- 
mander at  Albany,  N.  Y.,  220;  to 
Col.  Warner,  227;  instructions  to 
Capt.  Ei)enezer  Allen,  228;  to 
John  Benjamin,  229;  to  Capt.  Eb- 
enezer Wallace,  251  ;  to  Lieut. 
Gov.  Marsh,  254,  250;  letter  of 
censure,  [address  withheld.]  250; 
to  Col.  Timothy  Bedel,  205;  to 
Enoch  W()odl)ridge,  2'J2;  to  Gen. 
Washington,  292  ;  to  Gen.  James 
Clinton,  293;  to  Meshech  Weare, 
294;  orders  to  Gen.  Etlian  Allen 
to  enforce  the  authority-  of  Ver- 
mont in  ('nmberland  county,  299; 
to  Isaac  Tichenor,  308;  to  Cajjt. 
Parmely  Allen, 309;  jiroclamation 
of  pardon  to  the  disidlected  in 
Cundjerland  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. 


538 


General  Index. 


Church,  Timothy,  305. 

Churchill,  Jesse,  53,  55. 

Circulars  to  Committees  of  Safety, 
189,  196,  197. 

Claijhorii,  Lieut.  Col.  .Tames.  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,  IS'athan,  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-^»,  397-8.— War- 
rant for  his  arrest,  398. 

Clay,  James,  jr.,  305. 

Cleaveland,  Moses,  18-5. 

Clesson,  Matthew,  505,  507-8. 

Clinton.  Gov.  George,  298,  417,  4.34, 
468, 519-20. — Gross  error  concern- 
ing corrected,  see  Additions  and 
Corrections^  529. — Letters  of:  to 
President  John  Jay,  519;  to  Xew 
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. 

Cofiein,  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,  1.35. 

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,  24b. 

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  gi'ant  of  laud  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 
Associatiou,  1774,325;  committee 
of,  appointed  to  visit  Vermont, 
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  deleijates  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,  8-3- 
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  Penns)i\\ania 
and    Vermont   compared,    8(')-S!). 

Conventions,  General,  of  Vermont, 
at  Dorset,  (3,  11,  14,  ^C);  at  West- 
minster, 36,  38;  at  Windsor,  52, 
62,76. 

Convention  at  Manchestiir,  March 
1,  1775,  467. 

Conventions  at  Cornish,  N.  H.,  430, 
436,  4.37. 

Converse,  Gov.  Julius,  v,  vi. 

Cook,  Capt.  Elkanah,  192,  201,  212, 
216. 

Cook,  Samuel,  184. 

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. 
— Of  Safet3%  appointment  of,  67, 
75;  powers  of.  108;  members  of, 
109-129;  record  ot,  130-229.— See 
Governor  and  Council. 

Councillors,  [Governor  and  Coun- 
cil,] pay  of,  248,281,  286. 

Counties,  established  in  1778,  Ben- 
nington anO  Cumberland,  244. 

Court  to  banish  tories,  273. 

Courts  of  Confiscation,  235,  248-9, 
283-4. 

Covenant  oi-  Compact,  1776,  29. 

Crawford,  Hon.  Theophihis,  331. 

Ci  itteuden.  Senator,  of  Ky.,  vii. 

Cumberland  County  Congress  and 
Connnitlee  of  Safelv  of,  1774  to 
1777,  313-370. 

Cummings,  Francis,  306. 

Cummings,  James,  305. 

Curtis,  Amos,  15,  23,  26. 

Curtis,  Comfort,  166-7,  188. 

Curtis,  Ebenczer,   344-6,  355,  363. 

Curtis.  Capt.  Israel,  200. 

Curtis,  John,  167,  188,  212;  Mrs. 
John,  212. 

Cushing,  Xoah,  .305. 

D. 

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,  24-5. 
Dartmouth  College,  238,   275,  278, 

428. 


Dartmouth,  Lord,  3.37. 

Daton,  Caleb,  163,  174. 

Davenport.  Charles,  .320. 

Davis,  Elienezer.  191. 

Davis,  Nathaniel,  336. 

Davoo,  Abraham.  191. 

Davoo,  John,  15.3.  26(5.  .'')08. 

Dawson,  Ileiirv  H-,  46. 

Dav,    Doct,    Elkanah,   37,   47,   305, 

338.  344,  345,  347,   348,  351,  355, 
357,  369. 

Deal,  Adam,  284. 

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 ;  I'evised  declaration, 
51. 

Declaration  and  petition  to  Con- 
gress, 48.  Declaration  and  re- 
solves of  the  Continental  Con- 
gress, Oct.  1774,  322. 

Delancy,  Capt.  469. 

Delaware,  309. 

Delegates  to  form  the  Constitution 
of  Vermont,  election  ot,  57. 

Delegates  from  Vermont  to  the  Pro- 
vincial  Congress  of  New  York, 

339,  341,  342,  344,  346,  351. 
Dcming,  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. 
Doolittlc,  Mr.,  224. 
Dongan,  Col.  Thomas,  498. 
Dorchester,  Lord.  268. 
Dorchy.  Danicd,  173. 
Doubleday.  Nathaniel,  336. 
Douglass,  Asa,  306. 
Drott,  John,  508. 

Duane,  James,  17,  44,  370,  445,  479. 
Duchy,  Nathaniel,  287. 
Duer,  William,  376. 
Duke  of  York,  482-517. 
Dummerston  town  meeting,  Oct.  29, 

1774,  319. 


540 


General  Index. 


Dnnlinm,  Doct.  Obadinh,  20,  20,  33. 
Diinmore,  Gov.  John  Murray  fourth 

Earl  of,  m,  91,  247,  434,  506. 
Dunnin!2j.  Amos,  28S. 
DunI1in<,^  Mi(;hael,  193,  213. 284,  288. 
Dunniiiir-  Lieut-  Richard,  2G0. 
Dwiuht^  Tiinothv.  507. 
Dutcher,  L.  L.,  214. 
Dyer,  John,  54-5,  368-9. 

E. 

Eaily,  [or  Eddy,]  Daniel,  187. 

Earcs,  [or  Ayers,  or  Ayer,]  Mrs. 
Mary,  193. 

Earle,  George,  316,  3.36,  344,  357, 
359. — Biographical  note,  316. 

Easterbrooks.  Mr..  428. 

Eastman,  Benjamin,  153,  206,  209. 

Eastman,  Lieut.  Enoch,  200. 

Easton,  Biidad,  305,  320. 

Edgerton.  T>ieut..  194. 

Ellsworth.  Q.  M.  Arthur,  274. 

Emancipation  act,  in  the  Constitu- 
tion of  Vermont,  the  first  in 
America,  92. 

Emery,  Noah,  433. 

Emmons,  Hon.  Beniamin,  3S-9,  47, 
54-5,  2:54-5,  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,  298- 
300,  302. 

Enos,  Jerusha,  111. 

Enos,  Gen.  Roger,  111,  157,  527. 

Evans,  Abigail,  363,  364. 

Evans,  Moses,  304. 

Everest,  Lieut.  Benjamin,  183,  211; 
Capt.  Zadock,  13,' 211,  220.— Bio- 
graphical note,  211. — See  Averts. 

Everts,  Oliver,  12. 

Everits,  [Everts,]  Eli,  Sylvanus  and 
Timothy,  285. 

Executive  Correspondence,  March, 
1779,  292-294. 


F. 


Fairbanks,  Phinehas,  358. 
Fairfield,  Mrs.  A])igail,  185. 
Fairfield,  Mrs.  William,  285. 
Families  of  tories  sent  out  of  the 

State,  166,  226,  261. 
Farnsworth,  Capt.  Joseph,  150. 
Fassett,  Benjamin,  136,  152. 


Fassett,  David,  136, 1.51, 161,164.166. 
Fassett,  Hon.  John,  6,  7.  72-3,  123- 

4,  147,  160,  1S6.  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- 
ablv  Capt.  Jonathan,]  164. 

Fastday,  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,  5S,  fil,  03,  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- 
(•),  308,  396,  iU.— Letters  of:  to 
Maj.  Israel  Smith,  138;  to  militia 
otiicers.  144;  to  Gen.  John  Stark, 
174;  to  Gen.  Horatio  Gates.  175; 
to  Gen.  Oliver  Woleott,  176. — 
— Biographical  note,  122. 

Fav,  Joseph,  45-6,  68,  73-4,  107, 109, 
119,  122,  130,  142,  161,  202,  234, 
253,  259,  275,  279,  282,  290,  v91, 
293, 295, 527.— ie«e7-.s  of:  to  Jonas 
Galusha,  178  ;  to  Gen.  Horatio 
Gates,  18()-7.  193;  to  C<»1.  Samuel 
Herrick.  195,  198;  to  Maj.  Benj. 
Wait,  220,  225.— Biogiaplncal  no- 
tice, 122. 

Fay,  Stephen,  122. 

Fellows,  Gen.  John,  188. 

Fields,  Jesse,  162. 

Fight  in  Shelburne,  March,  1778, 
245,  246. — See  Additions  and  Cor- 
rections. 528. 

Filmore,  President  Millard,  2.59. 

Fil  more.  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,  Cant.  William,  6,  7, 15,  23,  26, 
35-7,  53,  55,  134, 161, 165,  172,  205, 
214,  224,  29  L 

Fletcher,  James,  287. 

Fletcher,  Col.  Samuel,  15,  21,  23,  24, 
36,  39,  63,  266-7,  2^1,  296-7,  299, 
800,  303,  805,  307, 329,  342-46,  356- 
7,  359,  368. 


General  Index. 


541 


Foot,  Q.  M.  Geors^o,  101,  ^(^n. 

Foot,  Jolin,  1!)7. 

Foot,  Whitctield.  5:i.  5.>. 

Fort  Anil,  7.j.  170,  •2:?7. 

Fort  at  Castlolon,  i!).")-!;.  :50l. 

Fort  Crown  Point,  ."iit,  117,  lo3,  l.W, 

Ifil,  183,  254,  iCG,  447,  448,  493, 

516. 
Fort  Dumnier.  48.j,  48fi. 
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.  24.'5. 
Fort  at  Pittsford,  295-6.  306. 
Fort  Ranger.  Rutland.  301. 
Fort  Stanwix.  187. 
Fort  Ticonderoga.  58-9.  62,  (54-66, 

74,  116-17,  122.  128,  1.30-31,  1.38, 

144,  153,  157,  160-61,  174-6,  181, 

183,  185,   187,  189.  192-3,  195-6. 

200,  237,  254,  262,  447,  448. 
Fo.ster,  Ezekiel,  507. 
Foster,  Reuben,  63. 
Franklin,  Benjamin,  59,  78,  83,  89, 

395. 
Francisco,  Henry,  182,  190. 
Frazer,  Mr.,  198. 
Frazer,  Simon,  198. 
Freeman,  Phineas,  348. 
French,  widow  Abigail,  288. 
French,   Jeremiah,^  260,   261,   294; 

Mrs.  Jeremiah.  260.  261. 
French,  Nathaniel,  329. 
French,  Nehemiah,  167,  169. 
French,  William.  316,  3.30-32,  33G. 
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,  2(50. 

Gage,  John,  15,  22. 

Gage,  Gen.  Thomas,  271. 

Gage,  Capt.  William,  15,  22,  27,  53, 
55,  63. 

Gale,  John,  27,  220. 

Gale,  Samuel.  335,  338. 

Gallup,  Docl.  Joseph  A.,  239,  241, 
247. — See  Additions  and  Correc- 
tions, 527. 

Gallup,  Capt.  William,  .54-5, 241, 247- 
8,  527. — Biographical  note,  247. 


Galusha.  Capt.  David,  6,  7. 

(Jahisha,  Kiisha,  124. 

Galusha.  Jac.l).  213. 

Galusha,  Gov.  .Jonas,  178,  259. 

(rardiner,  Paul.  1.53. 

(Gardner.  George.  197,  .508. 

Gates,  Daniel,  .320. 

Gales,  Elijah.  4(5. 

Gates,  Maj.  Gen.   Hniatin,  I!.',,  12.3, 

162,  169-71,  175-6,  178.  isl.  lS.5-7, 

193.    195-6,    199-201,  254,    2.56-8, 

2(55-6,  .3(52,  428. 
General  Assembly,  note  on,  269. 
General     Committee     and     Grand 

Committee,  note  on,  270. 
General    Conventions,  proceedings 

of,    at    Dorset,   (J,    11,    14,    26;  'at 

Westminster,  3(),  38;  at  Windsor, 

52,  62,  76. 
Gentlemen  exempted  from  military 

dutv  in  ('umberland  countv,  345. 
Gill)ert,  Daniel,  .54,  55,  527. 
Gile,  Mo^es,  316. 

Gilsoii,  Michael.  .305,3(53-5,  367,  .369. 
(iilson,  Zaehariah,  .3.36. 
Gotr,  Mrs.  David,  219. 
Gold,  Lieut.  James,  160. 
I  Goodenough,  Cai)t.  Levi,  1()1,  223, 

j    274,  -m: 

!  Goodhue,  Rev.   .Josiah    F.,  vi. 

Goodsell,  Isaac,  183-4,  197. 

Gordon,  Alexander,  ISO,  209. 

Gordon,  Rev.  William,  1(51. 

Gorton,  Benjamin,  320.  3:5(:",  345, 359. 

I  Governor,  the  style  of.  His   Eicel- 

lencq.'lW:  p;iv  of  foi  first  session, 

!       246;  for  the  year  1779-80,  282. 

,  Governor  and  C'ounci'.  introduction 

to  the  record  of,  233- J42;  record 

of  from  March   12,  1778,  to  Aug. 

23.   1779,  2t3-.309;  members  and 

officers  of  the  first  Council,  2.3.3- 

'       241;  of  the  siicond  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 

revis(!  the  laws.  288. 

Graham,  Dr.  Jt)hn  A.,  vi,  177,  178. 

(rrnnt  of  Charles  the  Si-eond  to  the 
Duke  of  York,  489;  diseussrd  by 
Ethan  Allen,  490-494. 

Grant,  Capt.  John.  (!,  7,  9,  160.— See 
Additions  and  Corrections,  526. 

Gieen,  Ebenezer,  223. 

Green  Mountain  Boys,  5,  6,  18,  4.38, 
446,  452,  518. 


542 


General  Index. 


Green,  Reuben,  162. 

Green,  Thomas,  155. 

Greenleaf,  Stephen,  838,  .3<i8. 

Griffin,  .John,  :r.',2. 

Griffin,  Phil.,  KJ-l. 

Griswold,  Maj.,  273. 

Griswold  Roger,  124,  527. 

Griswold,  Sergt.,  272. 

Grout,  Hezekiah,  329. 

Grout,  Ma].  Hilkiah,  342,  3(i.3-7, 3(59. 

Grout,  John,  310-19,  321,  352-3,  355, 

359,  360. 
Guild,  Moses,  329. 
Gurley,  Isracd.  344,  34(i-7. 


H. 


Haile,  Amos,  .368-9. 

Haldimand,  Gen.,  192. 

Haldimand     Correspondence,    177, 

238,  203;  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.  5!),  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,  16.3-4,  173,  182. 
Harmon,  Ensign  Joel,  260. 
Harmon,  Reuben,  15,  22,  26,  280. 
Harris,  Mr.,  150. 

Harris,  Edward,  280,  302,  318,  329. 
Harris,  Tliaddeus,  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. 
Hatlieway,  Alfred,  199. 
Hatheway,  Simeon,  13-15,  22,  26,  33. 

53,  55,  270. 
Haven,  Ebenezer,  344,  357. 


Haviland,  Joseph,  153,  270. 

Haviland,  William,  179,  269-70. 

Hawkins,  Gaylord,  202. 

Hawley,  Abel,  jr.',  194,  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,  1,50. 

Hawley,  Mrs.  Easter,  197. 

Hawley,  Capt.  Elisha,  342,  356. 

Hawlev,  Ensign  James,  256,  259. 

Hr.wlev.  Jehiel,  151.  467. 

Hawlev,  Peter,  206. 

Hazeltine,  Col.  John,  317-20,  329- 
30,  339-41. — Biographical  note, 
317. 

Hazelton,  Capt.,  280. 

Hazen,  Joshua,  280. 

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,  81,  1.35,  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,  Ste])hen,  224. 

Hicks,  Whitehead,  247. 

Hildreth,  Joseph,  27,  36,  344-6,  351, 
359. 

Hill,  Daniel,  197. 

Hill,  Doct.  William,  53,  55,  338. 

Hinesdel,  Ensign  .Toseph,  259. 

Hinman,  Edward,  202. 

Hitchcock,  Benjamin,  15,  23,  526. 

Hitchcock,  Hon.  Samuel,  115,  177. 

Hodges,  Capt.  Edmond,  227. 

llogan,  Doct.,  18fi. 

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. 

Holmes,  Lieut.,  199. 

Holmes,  Nathaniel,  150. 

Holt,  Benjamin,  214. 


General  Index. 


r)43 


Hooker,  John,  507. 
Hooker.  Rev.  Thomas,  147,  230. 
Hoj)kins,  Eusitrii  James,  iW). 
Hopkins,  Slepht-n,  150. 
Hojikins,  MaJ.  Wait,  (i.  7.  !>.  150,  IGO. 
Hornblowcr,  Joscpii.  105. 
Horsfoid,  Joseph.  'Mi. 
Hoii<xh,  Benjamin,  40S. 
Hougiiton,  Edward,  33(5. 
Hovey,  Doct.,  18(3. 
Howard,  Col.,  50S,  500. 
Howard.  Jonaliian,  194,  105. 
Howe,  Nehemiah,  15,  23,  27,  33,  (53. 
Howe,  Lieut.  Gen.  William,  131, 174. 
Howes,  Hon.  Joseph,  27S. 
Howes,  Mrs.  Pally  Wilder,  278. 
Hubbard,  Watts,  247,  248. 
Hubbard,  Watts,  jr..  154.  247-8,  281, 

200. 
Hubbell,  Elnathan,  150,  210. 
Hulbert,  [or  Hubbard,]    Ambrose, 

201. 
Hulbert,  Lieut  Israel,  260. 
Hunt,  Adjt.  Arad,  342-5,  351,  354. 
Hunt,  Hon.  Jonath?Q,  342-3,  3()8-9. 
Hurd,  Abijah,  1.50. 
Hurd,  Cap't.,  158. 
Hurd,  James,  12. 
Hurd,  Phinehas,  1.53. 
Hurihut,  Phihi,  1.50. 
Hurlbut,  William,  188. 
Hut  chins,  Capt.  William,  178,  213, 

259,  285. 
Hutchinson,  Rev.  Aaron,  64,  (>7. 
Hutchinson,  David,  31(3. 
Hyde,    Lieut.    Ebenezer,    1.36,    154, 

1(J0,  182-3. 


I. 


Ide,  Ichabod,  357. 

Imus,  Mr.,  214. 

Indians,  claim  of,  30(». 

Indian  right  to  Vernon,  .508-0. 

Ingersoll,  Jai'ed.  506. 

Ingley,  Capt.  Joseph,  158. 

Instructions  t<)  delegates  of  Cum- 
berland County  in  New  York 
Provincial  Congress,  348. 

Instructions  of  New'  York  Conven- 
tion to  Committees,  »&c.,  of  ('um- 
berland  County,  361-2. 

Intoxicating  Liquors,  restriction  on 
the  sale  of,  210. 

Irish,  David,  1(38. 

Irish,  William,  197,  251. 

Ives,  Abraham,  27. 


Ives,  Lieut.  Abram,  260. 
Ives,  Lieut.  David,  0. 
Ives,  Isaac,  16.3,  107,  221. 
Ivrill,  [or  Avcrill,]  Arad,  210. 

J. 

Jacolis,  Stephen,  157. 

Jackson,  Ensiiju  Abraham,  15,  23, 
2(>(l. 

Jackson,  Abraham,  jr..  280. 

Jail  at  Manchester,  32;  at  West- 
minster, 60. 

Jay,  Hon.  John,  376. 

Jay,  Joseph,  3(J5. 

Jefferson,  President  Thomas,  elec- 
tion of  in  1801,  12(i. 

Jennings,  Rev.  Isaac,  vi. 

Jewett,^Capt.  Daniel,  38,  300,  336. 

Jewell,  Col.  Elisha  Payne,  278. 

Jewell,  Capt.  Nat  ban,  277-8. 

Jewell,  Mrs.  Ruth  Payne,  277. 

Johnson,  Asa,  15.  2.). 

Johnson,  Col.,  174. 

Johnson,  Lieut.  Col.  Robert,  54-5, 
280. 

Johnson,  Col.  Thomas.  46.  102. 

Jones,  Doct.  Reul)en,  27-0,  31,  35-9, 
46,  50,  54-5,  58,  63,  84,  122,  314, 
331,  333,  336,  338,  345,  351,  300, 
418. — Relation  of  proceedings  in 
Cuml)erland  County,  1774-5,  332. 
— Biographical  note,  314. 

Journals  of  the  House  of  Repre- 
sentatives not  yet  printed,  229. 

.lust ices  of  tlu;  i)eace  in  1778,  280. 


K. 


Kalb,  Baron  John  de,  217. 
Kalhan,  Alexander,  357. 
Kealer,  [Keeler,]  Seth,  1.54. 
Kemp,  .lohn  Tabor,  445,  479. 
Kent,  Cephas,  (!,  11,  12,  14,  33.  .53,  .55. 
Kent,  Col.  Jacob,  .30,  3.55-6. 
Kentucky,  127-8. 
Keyes,  Eleazer,  114. 
King  Charles  the  second,  86,  482, 

512;    his   grant   to   the   Duke    of 

Y<)rk  discussed,  482-517. 
King  -lames,  495. 
King  James  the  second,  499. 
King,  Samuel,  357. 
King  William  and  (^ueen  Marv,  377, 

498. 
Kings  College,  N.  Y.  city,  268. 
Kingsland,  see  Washington,  town  of. 


544 


G-eneral  Index. 


Kingston,  Robert,  131. 
Kinney,  Daniel,  227. 
Knapp,  Epliraini,  188. 
Knickerbacor,  Jobn,  83. 
Knigbt,  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. 

Langclon,  Mark,  336. 

Langdon,  -Tohn,  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  Henr}^  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,  1*61-2.  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,  3.53,  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. 

Lvon,  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  atfray  with 
Roger  Grisvvold,  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. 

McJSTeil,  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,  bylra  Allen,  Oct.  1776, 
390. 

Manley,  John,  15,  22,  26. 

March,  month  of,  86. 

^larsh,  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,  42'2-4"2t'). — Bio- 
graphical notice,  285,  with  portrait 
and  autograph  facing  "233. 

Marsh,  Doct.  Leonard,  237. 

Marsh,  Hon.  Roswell,  vi,  vii,  237, 
238. 

Marsh,  Col.  William,  13,  15,  20-24, 
2G,  28-y,  31.  35-8,  59.  71,  74,  33i), 
52(3;  Mrs.  William,  23. 

Marshall,  Col.,  183. 

Martin,  Daniel,  195. 

Martin's  [Martha's]  Vineyard,  490. 

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.  — XeMero/;  to  New  York 
Congress,  373. 

Mattis,  Dinah  and  Nancy,  93. 

Mattison,  Ahraham,  253. 

Mattisou,  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. 

Melien,  William,  53,  55,63. 

Merrimac  river,  276. 

Merriman,  Lieut.  Abel,  260. 

Michigan,  127. 

Military  foi'ce  of  Vermont  in  1776. 
33. 

Militia,  officers  of  2d  regiment  of, 
1778,  259;  of  6th  regiment,  260; 
officers  and  soldiers  empowered 
to  sue  delinquent  officers  for  their 
pay,  287;  officers  in  Cumberland 
County  in  1775,  342;  officers  of 
Hoisiugton's  battalion  of  lian- 
gers,  1776,  356;  of  Warner's  first 
and  last  regiments,  6-8,  160. 

38 


Millington,  David,  195. 

Millinglon,  Solomon,  153. 

Minott,  Maj.  Samuel,  329,  31:5,  51s. 
Letter  of:  to  Gov.  George  Clin- 
ton, 518. 

Molfilf,  William,  162. 

Monroe,  President  James,  111,  127. 

Montgomer}',  Gen.  Kicliard,  18,  2lS. 

Montuzan,  Margaret,  111,  271. 

Monumental  inscription,  by  Ethan 
Allen,  110. 

Moore,  Mr.,  172,  173. 

Moore,  Capt.  Elijah,  154. 

Morey,  Col.  Isral,  280. 

Morgan,  Thomas,  15,  23,  27. 

Morris,  Hon.  J^ewis  R.,  126. 

Morse,  Timothy  269,  283. 

Molt,  John,  15,  23. 

Moulton,  Abel,  12. 

Mount  Mansfield.  403. 

Mount  Pisgah,  403. 

Munn,  James,  303. 

Munro,  Hugh,  148. 

Munro,  John,  148,  151, 192,  212,  25.3, 
527. — Biograpiiical  note,  148. — 
Mrs.  Munro,  17,  150,  212. 

Murdock,  Maj.  Thomas,  39,  47,  54-5, 
234-5,  240,*  241,  249,  275.— Bio- 
graphical nt)tice,  240. 

Murwiu,  Elnathan,  214,  250. 

Murwin,  Israel,  214. 

N. 

Nantukes,  [Nantucket,]  490. 

Narraganset,  [called  Narrow-High- 
gansetts,]  490. 

Nelson,  Joseph,  283. 

Nelson,  Lucas,  305. 

Newell,  Elihu,  .33(). 

New  Hampshire,  1.3:M,  144, 170-72, 
197,  243,  275,  278,  281-2,  288,  303, 
322,  335,  388,  405^41,  444-517. 

Nevv  ILunpshire  gnuits  recognized 
by  British  commissioners  in  1785, 
17. 

New  Jersey,  196,  309,  387,  388. 

Nevv  Scotland,  489. 

New  York,  135,  303,  321,  347,  359, 
3()0,  363,  365-6,  371,  375,  377,  380, 
3S4,  391-2,  397,  408,  444-525.— 
Complaints  of  Vermont  against, 
56. — New  York  act  of  1774  to 
suppress  riotous  asseml)lies,  472; 
reply  tiiereto  by  Ethan  Allen  and 
ills  asssociates,  477. — New  York 
documents  on  Vermont  1777, 361- 


546 


Greneral  Index. 


363;  in  1779,  518-525.— Proclaraa- 
tioDs,  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,  2S0. 

Noble,  Lieut.  John,  0. 

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. 

0. 

Offerd,  John,  182. 

Olcott,  Elijah,  38. 

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,  31<;,  336. 

Olin,  Maj.  Gideon,  53,  .55,  70,  71,  73, 
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. 

Ordwav,  John,  205,  244. 

Orrasby,  Capt.  Gideon,  15,  23,  26, 
33,  260. 

Osgood,  Christopher,  336. 

Owen,  222. 


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. 


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  luhabitants 
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. 

Pamphlets  and  documents  on  the 
first  Union  of  New  Hampshire 
towns  with  Vermont  : — Ira  Al- 
len's History,  40.5-409;  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 


Hainpsliire    to    the    tcnilory   of 
Vermont,  435;  address  of  Ira  Al- 
len   to    the  people    of  Vermont, 
Nov.  1770,  430-441. 
Parker.  Jeremiah.  I'.tO. 

Parkhurst,  John.  27l>. 

Parkhurst,  Keuhen,  :27!t. 

Parmalee,  Alexan-'er.  ."547,  'SM. 

Parst)ns,  Aaron,  15,  '2'.'>. 

Patterson,  Col.  Eleazer,  i2!)!»,  [in 
lirsl  line,  in  lieu  of  '"  William,"] 
;}00,  303,  305,  329,  343,  3(i3-0,  3()S- 
9,  397,  518,  5-20.— Bioi^raphieal 
note,  397. — See  Additions  and 
Coii-ections,  529. 

Patterson,  James,  27. 

Patterson,  Piermont.  273, 

Patterson,  William,  299,  [note,]  320, 
331,  335-0,  397-S. — Biographical 
note,  299. — See  Additions  and 
Corrections,  529. 

Paymaster  for  Vernn)uters  in  Con- 
tinental service,  280. 

Payne,  Lieut.  Governor  Elisha.  250, 
275-9,  417-18,  428.— Biographical 
note,  275. 

Payne,  Peter,  103. 

Payne,  S.,  180. 

Pemaquid,  or  [Petuaguine,]  490. 

Pendirk,  Benoni,  195. 

Penn,  Gov.  William,  80.  89,  483. 

Penniraan,  Jabez,  111;  Mrs.  Fanny, 
114. 

Pennsylvania,  83,  309. 

Pension  money  advanced  by  Ver- 
mont to  Col.  Gideon  Warren,  298. 

Pequot  war,  230. 

Perry,  Svlvanus,  173. 

PerrV,  AVilliam,  240. 

Petition,  the  first,  for  a  grant  of 
land  bv  Vermont,  205-0. 

Peters,  Rev.  Hugh,  403-4. 

Peters,  Lieut.  Col.  John,  207-8,  403. 
— Biographical  note,  207. 

Peters,  Judge,  403. 

Peters,  Rev.  Samuel,  403-4. 

Peters,  Rev.  Samuel  A.,  404. 

Pfister,  Francis,  170. 

Phelps,  Charles,  43,  329,  330,  339, 
347-8,  350,  358-300.  Letter  of:  on 
the  right  to  withdraw  from  New 
York,"  347,  358,  359,  300;  note  on, 
348. 

Phelps,  Daven]iort,  432-5. 

Phelps,  Hon.  James  H.,  vi,  11, 13, 
36,  38,  45-0,  54,  00,  314,  329,  351, 
423,  442. 


I'helps,  Solomon,  37- S,  341,  357-8. 

Pheli)s,  Adjt.  Timolliy,  342. 

Phillips,  Jcilin,  270. 

J'hillips,  Thoma>,  173. 

Pierce,  Josepli,  3.30. 

Pierce,  Thomas,  305. 

Pierce,  William,  305. 

Pierson,  Moses,  245-<i. 

Pierson,  Ziba,  24(i. 

Pingry,  Hon.  William  M.,  vi,  313, 
355. 

Pingry  Papers,  vi,  313,344,340,351, 
357,  301,  307,  3(59. 

Place,  Sumner,  184. 

Place,  Stephen,  53,  55. 

Piatt,  Zephaniah.  370. 

Poor,  Gen.  Enoch,  59. 

Population  of  Eastern  Vermont  in 
1771,  313;  of  eastern  and  western 
Vermont  in-  1771,  40.!;  and  in 
1791,  313. 

Post,  Lieut.  Roswell,  300. 

Potter,  John,  219,  222. 

Porter,  Rev.  Lyman,  237. 

Porter,  Avidow  ^lary,  185,  250. 

Porter,  Capt.  Oliver,  0. 

Potts,  Doct.  Jonathan,  l.SO. 

Powell,  Lieut.  Martin,  11,  15,  23, 
32-3,  39,  53,  55,  00,  130,  148,  180, 
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,  303,  307-8. 

Powers,  Josiah,  53,  55. 

Powers,  Lieut.,  355. 

Preston,  Colburn,  353. 

Prichett,  Timothy,  188. 

Probate  districts  and  judges,  1778, 
280. 

Proclamation  for  a  fost,  1777,  59.— 
Burgoyne's,  1777, 130. — Governor 
Chittenden's,  for  observance  of 
the  laws,  289;  to  the  disaflected 
in  Cumberland  county,  in  1779, 
303-305,  copv  of,  442. — Governor 
George  Clinton's.  Feb.  1778,  449, 
and  Oct.  1778,455:  Ethan  Allen's 
replies,  452,  450. 

Proclamation  money,  392. 

Protest  against  Cumberland  County 
Committee,  358-9. 

Prouty,  Elijah,  47. 

Putnam,  Capt.,  221,  258. 

Putnam,  Seth,  278. 


548 


Greneral  Index. 


n. 


Kandall,  Joseph,  306. 
Kandolph,  Peyton,  .'{l'H. 
Rangers,  [Hoisington's  l)attali()n,] 
in  eastern  Vermont,  ol,  157,  341, 
356,  374;  in  western  A^-rmont, 
[Herrick's,]  135,  146-7,  176.  187- 
8,  250,  306.— Comi)laints  of,  212. 

Ranney,  Capt.  Ephraim,  320,  329. 

Read,  iHon.  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  Cumhtjrland  and 
Gloucester  counties,  313-375. 

Redding,  David,  120,  261,  264,  291. 

Reed,  Hon.  Charles,  121. 

Reed,  Jedediah,  139. 

Relation  of  proceedings  in  Cum- 
berland count3%  1774-5,  V)y  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. 

Rhode  Island,  117.  309,  388,  395,  444, 
517. 

Rice,  Maj.  Thomas,  27. 

Rider,  Oliver,  329. 

Ripley,  William,  280. 

Risdon,  Mr.,  187. 

Rittenhouse,  David,  395. 

Rivington's  Gazette,  271. 


Rivington,  James,  271. 

Roback,  Doct.  Jacob,  143,  188, 194, 

229,  269,  300. 
Roberts,  Christopher,  209-10. 
Roberts,  Eli,  208. 
Rol)erts,  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,  Ensisjn  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- 
8,  210-12,  215,  218,  249,  251,  2.59, 
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. 
Rose  Samuel,  162,  165,  195. 
Rosinback,  Martin,  184. 
Roswell,  Sir  Henry,  495-6. 
Rowley,  Tliomas,  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. 


Grenerul  Index. 


549 


Ruder,  [Rudtl.]  Lieut    Joseph,  -JoO. 

Huial  MaLraziue.  177. 

Ku8sell,  C'apt.  Elijali,  ■_'•_'.■"). 

Hust,  Ensii,Mi,  ;!(i7.  ."ifiK. 

Rutland  Herald.  177. 

Rutledge,  Hon.  Edward,  40. 


i> 


Sabin,  Daniel,  ."iOr). 

Sabin,  Noah,  305.  .'J^O,  3;{4,  838. 

Sabine.  Lorenzo,  -JOS.  -299. 

Safford.  David,  l.V),  1>1L 

Satford,  Col.  Jose|ih,  03,  loU. 

SafFord,  Lieut.  Philip.  332,  350,  3o3. 

Satibrd,  Lieut.  Col.  Samuel,  0.  iCt, 
83,  1-28,  100,  228. 

Sage,  Moses,  270. 

St.  Clair,  Gen.  Arthur,  05-6,  74-5, 
131,  144,  im.— Letters  of:  to  the 
Convention  at  Windsor,  00  ;  to 
Jonas  Fay,  74. 

St.  Croix,  489. 

Salisbury,  Abraliani,  202. 

Salis])urv,  Capt.  59. 

Sargent,"  Ezra,  249. 

Sargent,  Lieut.  Jabez,  43,  52,  54-5, 
63,  527. 

Sargent,  Lieut.  Col.  John,  305,  344, 
346,  350,  351,  357,  30:5-6,  368-9, 
518. 

Sawyer,  Capt.  Jesse,  0,  8,  9, 150,  2(50. 

Sawyer,  Cajtt.  Thomas,  245-6,  253, 
260,  300,  301,  300-7. 

Saxton,  Adjt.  Jonatlian,  200. 

Saxton,  Ensign  William,  200. 

Schuvler.  Maj.  Gen.  Pliilin,  4,  5,  7, 
9,  18,  74,  110,  124,  131,  "l33,  135, 
138,  144.  237,  ^{'A.— Letter  of:  to 
Ira  Allen,  1.33. 

Scott,  David.  191. 

Sealey,  Capt.  Abner,  30,  31,  35, 160, 
221,  224,  350. 

Sealey,  Austin,  150,  253. 

Sealey,  Ephraim,  208,  220. 

Sealey,  Reuben,  208. 

Sergeant,  Mr.,  of  Chester,  307. 

Searles,  William,  213. 

Searles,  William,  jr.,  164-5. 

Sears,  Simeon,  187. 

Seaver,  Capt.  Comfort,  205,  244. 

Seeley,  Lieut.  Nathaniel,  39. 

Selectmen  of  Bi'nnington,  187. 

Sequestration,  order  to  Commis- 
sioners of.  130.  See  Commission- 
ers^ and  Courts  of  Sequestration. 

Sessions,.Darius,  249. 


Sessions,  David,  183. 

Sessions,  Di-ac.  Jolm.  47-8,  O."!,  101, 

305,  319,  34(),  350  51.  .370.  .382. — 

Anecdote  of,  48. 
Sessions,  Capt.  John.  101.  .345. 
Shatluck,  William.  47. 
Shepardson,  Maj.  Jolm.  27,  2S(). 
Sherman,  Daniel,  2(h;. 
Sherman,  Elisha,  I5t), 
Sherman,  George.  18-J. 
Sherman,  Hon.  Roger,  44. 
Sherman.  Commissarv  William.  199, 

205,  267. 
Sherwood,  Capt.  Justice.  l.")0.   192. 

— Biograjiliical  note,  192. 
Sherwood,  Mrs.  Justice,  192. 
Sill,  Lieut.,  100. 
Simmons,   Col.    Benjamin.  04,  134, 

139,  145.  178-81. 
Sinunons.  Mrs.  [Benjamin,]  139. 
Simoiuls,  (Tardner.  .352-.3. 
Simonds,  Capt.  John,  130,  185,  304. 
Siinonds,  Titus,  291,  304;    wife  of, 

304. 
Simonds,     [or    Simons.]    William, 

344-7,  357,  359,  307. 
Skene,  John,  1.53. 
Skene,  Col.  Philip,  1.30,  153,  527.— 

Biograi)hical  note,  153. 
Slade,'  Hon.  William,  vi,  40,  02,  76, 

23(5.  249. 
Slaughter,  Henry.  :'>77.  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,  Gains,  53,  w. 
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,    Ca))t.    John,   of   Vermont, 

291,  408,  475,  477. 
Smith,  Jonathan,  159,  183. 
Smith,  Capt.  Joseph,  63-.5,  202,  210. 
Smith,  Joseph,  Escp,  215-10,  250. 
Smith,  Maj.  Nathan,  0,  7,  170,  180, 

255,  2(;0. 
Smith,  Paymaster  Noali,  304. 
Smith,  Norman  A.,  43. 
Smith,  Patrick,  475. 
Smith,  Col.  Seth,  302. 


550 


Greneral  Index. 


Smith,  Capl.  Simeon,  160. 

Sniitli,  Judge  William,  of  New 
York,  VM. 

Snyder,  Henry,  180. 

Soper,  Lieut.  Solomon,  260. 

Spallord,  Eliidialel,  ;J40,  869. 

SpaHoi-d,  Capt.  Jolin,  260. 

Spauldinii',  Capt.  Let)nard,  27,  35-6, 
39,  47,  54,  61,  (53, 154,  299,  319,  320, 
333.  345-7,  351, 354,  357,  359.— Bi- 
ographical note,  154. 

Spear,  Andrew,  154. 

Spencei',  Ahel,  69,  306. 

Spencer,  IJeniamiu,  53,  55,  63,  68, 
73.  109,  13b,  137.— Biographical 
note,  68. 

Sjjencer,  Lieut.  Gideon,  259,  309. 

Spencer,  Adjt.  Timothy,  342. 

Spooner,  Alden,  303,Nji,43. 

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,  -SdS.— Letter  of:  to  Gen.  Ja- 
cob Jiayley,  137. — Biographical 
note,  129. 

S[)rague,  Mr.  256. 

Squire,  Daniel,  191. 

Squire,  Ebenezer,  191. 

Squire,  Gideon,  182,  187. 

Squires,  D.  F.,  ^»3. 

Stati'ord,  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. —Lette)  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,  Ensiirn  John,  259. 
Sunderland,  Capt.'Peleg,  9, 158,  221, 

224,  468,  474,  477. 
Survey  of  Bennington  town  lines, 

in  l"749,  507. 
Surveyor  General  a))pointed,  303. 
Sutherland,  Lieut.  John.  53,  55. 
Sutton,  Rev.  George  F.,  528. 
Swift,  Hon.  Samuel,  vi. 


T. 


Taguart,  William,  345,  352,  357. 

Taplin,  Col.  John,  268,  372,  403.— 
Letter  of :  to  New  York  Provin- 
cial Congress,  372. 

Taplin,  John,  jr.,  268,  372. 

Tarbei:,  Jonathan,  43,  316. 

Ten  Broeck,  Abraham,  351,469, 479. 

Thanksgiving  day.  Dec.  1777,  195. 

Thayer,  Lyman,  528. 

Thom|)sijn,  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. 

Tolnian,  Ebenezer,  183. 

Tories;  treatment  of,  22,  134-136, 
146,  151-3.  1.58,  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, 


0-eneral  Index. 


551 


Towns,  continued — 

250,  253,  259,  273,  275.  2S0,  206, 
389,  467,  474. 

Ash  field,  Mass.,  111. 

Barnard,  39,  54,  28(1. 

Barnet.  (i3. 

Bath,  N.  H.,  27fi,  410. 

Bcnninorton,  12,  15,  2(5.  3(;,  39.  53, 
63,  66-7,  70,  S3.  93,  109,  116. 120, 
122-3,  128,  133,  135,  144,  147, 
149,  150,  154,  159,  l(iO-(;i,  l(i5, 
179,  181,  183,  187,  192-3,  225, 
234,  237,  241,  253.  259,  262,  267, 
273,  275,  280,  304,  308-9.  327, 
448.  457,  4(54,  4(58,  474,  5(l2-4, 
519.— Title  and  wcstfvn  line  of, 
505-508. 

Berlin,  268. 

Bethel,  206. 

Boston,  Mass.,  236,  272,  328,  387. 

Bradford,  [called  Mooretovvn,]  54, 
63.  267-8. 

Bradford,  Mass.,  177. 

Brandon,  [called  Neshohe,]  12, 
15,  27,  53,  2(50. 

liraltleboronsh,  36,  53,  321,  329, 
344,  346,  350-51,  353,  357,  360, 
363-69,  447,  518-20. 

Bridport,  7,  15,  26. 

Bristol,  Eni^land,  128. 

Burlino;ton^  15,  27,  UO-ll.  114, 
237,  246. 

Cambridge,  Mass.,  128. 

Cambridge,  N.  Y.,  130,  138,  1(;9. 

Camden,  N.  Y.,  130,  .339. 

Canaan,  N.  H.,  27(3,  41(». 

Cardigan,  N.  H..  275-6.  410,  428. 

Castleton.  12,  23,  27, 31,  39,  53,  (J6, 
121-2,  130,  132-3,  137,  165,  189, 
191,  225,  252,  2<iO,  280,  285,  295- 
6.— See  Fort. 

Cavendish,  54,  63,  367. 

Cedai'  Swamp,  Oyster  Bay,  Long 
Island,  518. 

Charlestown,  N.  H.,  [called  No. 
Four,]  66,  78,  132,  272,  276,  278. 

Charlestown,  Mass.,  387. 

Charlotte,  193^. 

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  Dm  ham,  and 
Socialboro',]  12,  23,  53,  63,68, 


109,  154,  1()7,  187,  190,  192,  199, 

22('>,  245-<!,   253,    2()(»,  2hO,   291, 

474-5. 
Colchester,  8,  15,  27.  3(;,  .39,  53,  6.3, 

109-11,  234,  275. 
Coleraine,  Mass.,  I8:'i. 
Concord,  Mass.,  331. 
Concord,  N.  II.,  407. 
Corinth,  54,  280. 
Cornish,  N.  H.,  275,  2S(».  11  (t.  41J. 

430. 
Cornwall,  15,  53. 
Cornwall,  Conn.,  111. 
Coventry,  Conn.,  110,  111. 
Craftsbnry,  [called  Mindeii,]  218. 
Danbv,  8,"  12,  15,  27,  53,  63-4,  71, 

118^  loS,  208,  229,  26(1,  274,  2S((. 
Danbury,  Conn.,  189. 
Danville,  123. 
Detroit,  Mich.,  156,  49.{. 
Dondiester,  Mass.,  23(i. 
Dorset,  (J,  12,  15,  23,  26,  52-3,  146, 

158,  176,  202,  2(30,  267,  274,  28(1, 

302,  339,  340. 
Dresden,   [part  of  Hanover,]  N. 

II.,  237,  275,  278,  280,  41(». 
Dublin,  Ireland,  271. 
Dummer,  184. 
Dummerston,  3(i,  39,  45,  54,  61,  (;3. 

155,  280,  315,  319-21,  329,  332, 

342,  344,  346,  351,  357,  367,  5 is, 

520. 
Enfield,  N.  H.,  276,  410. 
Essex,  N.  Y.,  194. 
Exeter,  N.  H.,  132,  407. 
Fair  Haven,  121,  124,  127. 
Fairlee,  54. 
Farnham,  F.  (^>.,  519. 
Ferrisl)urgh,  258. 
Fishkill,  N.  Y.,  258. 
Franklin,  N.  II.,  276. 
Gage  borough,  227. 
Gilmanlon,"  N.  II.,  2o8. 
Gosiien.  Conn.,  111. 
Granville.  N.  Y.,  130,  187,  190. 
Greensborough,  218. 
Guilford,  3(^53,  ()3,  69,  l(t9,  117- 

18,  234,  275,  280,  320,  329.  344, 

351,  357,  3(35,  367,  51^-20. 
Guilford,  East,  Conn.,  118. 
Gunthwaite,  N.  II.,  27(>,  410. 
Halifax,  25,  36,  53,  280,  302.  317- 

18,  320,  329,  344,  346.  351,  .357. 

3(57. 
Ilampstead,  Mass.,  117. 
Hanover,  N.  II.,  [called  Dresden, 

in  part,]  237,  275,  405,  410. 


552 


Creneral  Index. 


Towns,  continued — 

Hardwick,  129,  218. 
Hardwick,  Mass.,  122,  128. 
Hartford,  25,  aO,  39,  54,  (5.3,  208, 

233,  236,  250,  275,  280,  329,  343- 

4,  34(j,  351.  .355,  303,  367. 
Hartford,  Conn.,  77,  83,  201,  2.36. 
Hartland,  [called  Hertford,]   36, 

.54,  109, 129,  234,  2;^9,  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.  4.57.  501-2. 
Hubbardton,  15,  53,  65,  123,  130, 

1.58,  160,  176,  181,  183,  221. 
Ira,  179. 
Irasburgh,  111. 
Jericho,  123,  182,  208. 
Landatr,  N.  H.,  276,  410. 
Lanesborough,  Mass.,  139,  208. 
Lebanon,  Conn.,  236,  428. 
Lebanon,  N.  H.,  i75,  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,  1.56. 
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,  3.58. 
Middlebury,  7,  15,  27. 
Milton,  110-11. 
Monkton,  7,  15,  21.5-16,  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. 
Newfaue,    [called    Patmos,    and 

Fane,]  3«,  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. 
Noblctown,  438. 

Northampton,  Mass. ,  147, 236, 336. 
North  Hero.  157. 
Norwich,  39,  54,  234,  237,  240-1, 

275.  277,  427,  437. 
Norwich,  Conn.,  2.)6. 
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,  1.58,  218. 
Peekskill,  N.  Y.,  2.54. 
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,  3.55,  271-2. 
Portsmouth,  N.  H.,  407. 
Poughkeepsie,  N.  Y.,  173. 
Poultney,  7,  12, 1.5,  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,   S20,   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,   844,   346, 

350-53,  355,  357,  367,  518,  520. 
Roxbury,  Conn.,  110,  159. 
Roxbury,  Mass.,  340. 
Royalton,  39. 
Rutland,  12,  15,  27,  36,  39,  53,  6.3, 

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  Banger. 
Rupert,  12, 15, 26;  53, 148, 183,  ]  99, 

203,  260,  267,  274,  280,  339,  474. 


General  Index. 


i53 


Towns,  concluded— 

Salem,  [culled  White  Creek,]  N. 

Y.,  14:5,  166-7,  169,  191,  3:5!». 
Salisburv,  Conn..  83, 118,474,  .Wl. 
Sandiiati'.  2()0,  267,  '274. 
Sandy  Hill,  N.  Y.,  237. 
Sarat'osa.  N.  Y.,  138, 169,  184,  464. 
Shaft. sbury,  7,  12,  15,  26,  53,  63, 
lOU,  120,  148,  165,  185,  20^»,  234, 
259,  273,  275,  280,  291,  457. 
Sheffield,  Mass.,  Ill,  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.  Coiek,  N.  Y..  138, 161, 195,227. 
St.  John,  P.  Q.,  217-18,  447. 
Steubenville,  Ohio,  237. 
Stillwater,  N.   Y.,  138,  144,  169, 

183. 
Stratford,  [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. 
Tovvnshend,  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. 
Walliugford,  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,  36.3-5,  367,  369,  518, 
520. 

AVells,  12,  15,  27,  53,  130. 197.  224. 
26(t.  2()9.  280,  339. 

Wcsl  ford,  148. 

Wi'sl  minster,  .36,  39,  43.  48,  54,  03, 
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. 

Whilehall,  [called  Skenesbor- 
ough.]  131,  153,  170,  171,  176, 
18S.  2:',7. 

White  Plains,  N.  Y.,  518. 

AVhiting,  53. 

Whitingliam,  [called  Cumber- 
land,] 36,  202-3. 

Williainslown,  Ma.ss.,  83, 139,183, 
186. 

Willislon,  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. 1.30,  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. 

Woodlnirv,  221. 

Woodbury,  Conn.,  110,  159,  186, 
202. 

Woodstock,  36,  39,  234,  236,  239, 
240,  317,  319,  329,  344,  346,  351, 
357,  367. 

Woodstock,  Conn.,  183,  241. 

Worcester,  Mass.,  241. 


Townshend,  Elizabeth  Platf,  518. 

Townshend,  Mary  Wells,  519. 

Townshend,  Hon.  ISIicah,  47,  305, 
518. — Biogiai)hical  note,  518. 

Townshend,  Micajah,  518. 

Train,  Sergt.  John,  286. 

Train,  Ensign  Orange,  260. 

Trohridgc,  Samuel,  173. 

Troops,  raising,  arming  of,  »S:c.,  6, 
14.  21.  .33-4,  (•)7,  13.5,  138.  147,  152, 
211,  213,  227-8,  244,  249,  254-8, 
266-7  269,  274,  28(5,  288-90,  292-3, 
295-7,  300,  304,  306,  308-9. 

Truesdell,  -Tonalhan,  227. 

Truml»ull,  C;ol.  John,  33. 

Trumbull's  McFingal,  271. 


554 


Creneral  Index. 


Tryon,  Gov.   William,  50,  91,   149, 

434,  452-3,  494. 
Tubbs,  Samuel.  149,  1.59,  209. 
Tucker,  Mr.,  523. 
Turner,  Consider,  183. 
Tute,  Amos,  363,  .305,  30S. 
Tuttle.  Capl,.  Thomas,  27,  209,  200. 
Tyler,  Maj.  Joseph,  38,  273, 280,  .342, 

344,  351",  308. 
Tyler,  Hon.  Royal,  519. 


u. 


Underbill,  Capt.  Abraham,  15,  23, 
20,  140,  200,  280. — Biographical 
note,  140. 

Underbill,  William,  140,  202. 

Underwood,  Jonathan,  285. 

Union,  first,  of  New  Hampshire 
towns    witli    Vermont,  243,  204, 

274-9,     281-4,     288,     294. See 

Pamphlets  and  Documents  on. 

University  of  Vermont,  117. 

Upbam,  William,  344,  340,  355. 

Utley,  Capt.  William,  27,  30,  54-5. 

V. 

Vallance,  David,  20. 

Vanernum,  Isaac,  150. 

Van  Renselaer,  Maj.  John,  of  New 
York,  195-6. 

Vaughan,  Benjamin,  7. 

Veal,  [Vail,]  Capt.  Micab,  6,  8,  9, 
15,  20,  23,  20-7,  32,  35. 

Veal,  [Vail,]  Moses,  140,  202. 

Veil,  Edward,  104. 

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.  1770,  28;  name 
of  the  state,  41,  61,  54,' 403.— Ad- 
dress, remonstrance,  and  petition 
of,  to  Congress,  May  1776,  10; 
covenant  and  compact  of,  Sept. 
1770,  29;  declaration  and  petition 
of  to  Congress,  April  1777,  48; 
complaints  of  against  New  York, 
56;  resolution  of  assuming  exclu- 
sive jurisdiction,  00. — General 
Conventions  of,  3-79. — First  Con- 
stitution of:  introduction,  S3; 
amendments  of  1780,  84;  amend- 
ments, 1793  to  1870,  85;  on  the 
preamble,  85;  origin  of  the  Con- 


stitution, 80;  compared  with  the 
Constitution  of  Pennsylvania,  80- 
89  ;  co])y  of  origina!  ]ireanible 
and  constitnlion,  90-103;  observ- 
ations on,  78;  ()l)servations  on  arl  i- 
ticle  three  of  the  Declaration  of 
Rights,  400. — Easlei-n  boundaiy 
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  JertVrson  as  Pres- 
ident. 120.  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  Vosburgb,]  Capl. 
Jacob,  100. 

Vosburgb,  Abraham,  280. 

w. 

Wadleigh,  Rev.  P.  A.,  .527. 

Wait,  Maj.  Gen.  Benjamin,  8,  1.30, 
150-9,  182,  199,  200,  220-23,  225, 
329-30,  341,  343,  350.— Biographi- 
cal note,  1.56. 

Wait,  Capt.  Richard,  157. 

Walbridge,  Gen.  Ebenezer,  8,  147, 
100,  194,  2.53,  259,  272. 

Walbridge,  Sergt.  Henry,  270. 

Waldf),  Capt.  Abiather,  259. 

Waldo,  John,  101. 

Waldo,  Jonathan,  270. 

Walker,  Daniel,  220. 

Walker,  Mrs.,  220. 

Walker,  Ichabod,  281. 

Wallace,  Capt.  Ebenezer,  1.50,  100, 
251,  253,  2,56,  2.59. 

Waller,  Anna,  288. 

Walton,  Mr.,  of  New  York,  409. 

Walton.  Hon.  E.  P.,  commission  to, 

V. 

Walworth,  Q.  M.  James,  136,  146. 

War,  Committees  of,  33,  40-7. 

War,  Board  of,  Governor  and  Coun- 
cil constituted  a,  288;  proceed- 
ings of,  294,  802,  304-309. 

Ward,  Asahel,  13. 

Ward,  Ensign  William,  15,  23,  27, 
63,  200,  280. 


UKIVER^TTT  OF  (^ALIFOKKU 

AT 

T/IS  ANGELES 


Greneral  Index. 


Warner,  Col.  Seth,  4-(),  9-11,  1^, 
21-2,  27,  08,  3").  W,  (i4-('),  (iS,  74-0. 

no,  114,  IMO,  144. 14.S,  ir)3,  ir,!>-(;i, 

KiiJ,  17«»-81.  18;{,  200,  22.S,  24C.. 
2o4-.'5S,  35('.,  408.  474,  471.— Letter 
of:  to  the  Coiivenliou  at  Wind- 
sor, Jnly  7,  1777,  (54. — J3i(i<ir;n)lii- 
cal  note,  150. 

Warrants  for  Conventions,  11,  14, 
o7. 

Warren,  Col.  Gideon.  (I,  8!»,  148. 
216,  2()0,  2(i7,  274,  280,  2<>r)-8,  MOO. 
SOI,  0O5,  H()7-8. 

Warren,  Jonathan,  344,  ;i4(). 

Warren,  Gen.  Joseph,  of  Massaelui- 
setts,  181. 

Washbuin,  Ebenezer,  l;j4. 

AVashbnrn,  Stephen,  2(>1.    ' 

Washino'tou,  Gen.  George,  18,  131, 
196,  2.T8,  288-290,  ;i40,  :^(J2,  518. 

Washington  County  Granimar- 
Sehool,  208. 

Watson,  Ebenezer,  482. 

Watson,  Elkanah,  116. 

Watson,  Lieut.  Silas,  136,  149. 

Weare,  Mesheeh,  President  of  New 
Hampshire,  132-3,  274,  277-79, 
282,  288, 294,  iOrj-Ul.— Letters  of: 
to  Ira  Allen,  July  19,  1777,  132; 
to  Gen.  John  Stark,  same  date, 
133;  to  New  Hampshire  dele- 
gates in  Connress,  413;  to  Gov. 
Chittenden,  414;  to  Ethan  Alien, 
427. — See  Pamphlets  and  JJocu- 
ments  on  the  first  Union  of  New 
Hampshire  towns. 

Webb,  Calvin,  331. 

Webb,  Joshua,  27,  36-7, 39,  4(5-7,  55, 

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,  Huhbell,  280. 

Wells,  Obadiah,  363-66,  368. 

Wells,  Col.  Samuel,  155,  321,  334, 
34.5-7,  351,  3.54,  403,  519. 

Wennieks,  liartholoniew,  153. 

Wentworth,  Gov.  Benning,  90,  432, 
437,  507-8;  proelamation  of,  17(54, 
512. 

Wentworth,  Gov.  John,  407,  432. 

Westminster  massacre,  4,  118,  155, 


241,   299,  310,  321,  3.38,  :{r>l,  'A^r,; 

aeeounts  of,  330,  338. 
Wi'lh('i-s]»oon,  Docl.  .■!7:f. 
Wheat.  Sainuil.  :'.0."i. 
Whcatlcy.  .lohn.  28(1. 
Wheeler,  Hex.  John,  177. 
Wheeler,  William.  2(t9. 
WheeliieU.    President    Klea/er.  278, 

428. 
Wheelock,  Col.  and  Pres't  John.  32. 

;!98,    427-8. — liiographical    nole. 

428. 
Wlu-eloek,  Selii,  251. 
Whipple,  lienjamin,  280. 
Whiston,  John,  151. 
Whileomh,  Asa,  54,  5,5,  280. 
White,  Lieut..  212. 
White,  Mr..  332. 
Wliite,  Nieholas,  47. 
Wniite.  Rev.  Plinv  H..  58,  63-4.  67. 

70-71.  126. 
While,  Thomas,  345. 
WhiKdaw.  (ren.  James,  529. 
Whitin<r,  Uenjamin.  156. 
Whitlock,  Joim,  188,  189. 
Whitmore,  Capt.  Fiancis,  27,  36,63, 

329,  330. 
Whitney,  Lieut.  Benjamin,  .">05, 356. 
Wilder,     Abel,     -Mid     Mrs.     Mary 

Payne,  277. 
Wilkinson,  Gcmi.  James,  123. 
Willard,  Bela,  305. 
Willard,  Jonathan,  11,  53,  55. 
Willard,  Joseph.  .305. 
Willard,  Lieut.  Samuel,  2(50. 
Willard,  William,  320. 
AVilliams,  Ezekiel,  200. 
Williams,  Capt.  John,  143. 
Williams,  Doct.  John,  3;',9. 
Williams,  Maj.  Jose])h,  39,  63,  (57. 
Williams,  Rev.  Dr.  Samuid,  vi,  45- 

6,62,  177-8,  313,  411.— N'.)tiee  of 

his  history  of  Vermont,  177. — Hi- 

graphieal  note,  177. 
Williams,  Stephen,  200. 
Williams,  Col.    William,   25,   (5.3-4, 

()7,  15(5,  171.  205,  214.  273,  :n8- 19, 

341 -.3,  31(5,  .507,  52(5. 
Williamson,  Garn-lt,  172. 
Willoughbv,  Bliss,  273. 
Willouiihbv,   EbeiH-zer,  .5:;,  .55.    170. 

172-3,  180,  184. 
Wills., n,  IJeiijamin,  .'JOO. 
Willson,    Lieut.   Lucas,  341   5,  .•151, 

357,  .3(53-5,  3(58-9. 
Willson,  Thomas,  .305. 
Winchester,  Capt.,  184. 


556 


General  Index. 


Winnepisengee  lake,  270. 

Winslow,  Capt.  Nathaniel,  183. 

Winter  caniiiaign  against  Canada 
proposed  in  1777-8,  217-225. 

Wise,  John,  330. 

Witherspoon,  Kev  Dr.  John,  441, 
522-3. — Letter  of,  and  of  ISaniuel 
T.  Atlee,  to  committee  of  Cum- 
berland county,  441,  522. 

Wittuni,  Witherell,  209. 

Wolcott,  Abner,  200,  208-9,  211. 

Wolcott,  (Jen.  Oliver,  170. 

AVood,  Col.  Ebenezer,  180,  191,  204, 
221,  505,  508.— Biographical  note, 
221. 

Wood,  Job,  191,  204. 

Wood,  John,  208. 

Woodbridge,  Commissai'v  Enoch, 
292. 

Woodward,  Bezaleel,  273,  277-8, 
280,  417,  430. 

W^oodward,  Capt.  Joseph,  12,  2.5-7, 
33. 

Woodward,  Joshua,  245. 

Woodworth,  Amaziah,  55. 

Wood  worth,  Amos,  54,  55. 

Wooster,  Jabez,  105,  108-9. 


Wright,  Mr.,  182. 

Wright,  Abel,  183. 

Wright,  Capt.  Azariah,  .314-15,  331, 

333,  398. — Biograi)hical  note,  315. 
Wright,  Charles,  200. 
Wright,  widow  of  Ebenezer,  291. 
Wright,  Lieut.  Jonathan,  198.   . 
Wright,  Medad,  305. 
Wright,  Lieut.  Moses,  39,  329. 
Wright,  Salmon,  331. 
Wrio-ht,  Capt.  Samuel,  15,  23,  26,  35. 
Wright,  Capt.  Simeon,  260. 
Wriglit,  Zadock,  and  Sarah,  wife  of, 

304. 


Young,  Henry,  191. 

Youn's,  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  N'ew  York,  and  of 
Vermont  thereon,  396-99. 

Youuglove,  Maj.,  148,  155,  156. 


t  4 


U 


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