(navigation image)
Home American Libraries | Canadian Libraries | Universal Library | Community Texts | Project Gutenberg | Children's Library | Biodiversity Heritage Library | Additional Collections
Search: Advanced Search
Anonymous User (login or join us)
Upload
See other formats

Full text of "Records of the Governor and Council of the State of Vermont"

RECORDS 



OF THE 



COUNCIL OF SAFETY 



AND 



GOVERNOR and COUNCIL 



OF -THE 



STATE OF VERMONT, 

TO WHICH ARE PREFIXED THE RECORDS OF THE 

GENERAL CONVENTIONS 

FROM JULY 1775 TO DECEMBER 1777. 
VOLUME I. 



EDITED AND PUBLISHED BY AUTHORITY OF THE STATE 

By E. P. WALTON. 



MONTPELIER: 

STEAM PRESS OF J. & J. M. POLAND. 

1873. 



F4S 

V5 

v.\ 



CONTENTS OF VOLUME I. 



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

Council of Safety and of the Governor and Council.. . . 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.. 1-103 

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 William 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 



974275 



IV CONTENTS. 

VI. RECORD OF THE GOVERNOR AND COUNCIL, 

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

Introduction 233-242 

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 Congress 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.dcclxxvii. 376-389 

Appendix C, Manifesto prepared and published by order 

of the Westminster Convention, October 30, 1776 390-393 

Appendix D, Dr. Thomas Young to the Inhabitants of 

Vermont, 1777 394-399 

Appendix E, Remarks on Article three of the Declaration 

of Rights, by Hon. Daniel Chipman 400-402 

Appendix F, The Name " Vermont " 403-404 

Appendix G, First Union of New Hampshire towns with 

Vermont, in 1778-9 405-441 

Appendix H, Proclamation of pardon issued by Gov. 

Chittenden, June 3, 1779 442-443 

Appendix I, A Vindication of the Opposition of the In- 
habitants of Vermont to the Government of New York, 
and of their right to form an independent State. Hum- 
bly submitted to the impartial World. By Ethan 
Allen. Printed by Alden Spooner, 1779, printer to 
the State of Vermont 444-517 

Appendix J, Documents on the enforcement of the au- 
thority of Vermont in Cumberland County in May 1779, 518-525 

VIII. ADDITIONS AND CORRECTIONS 526 



AN ACT PROVIDING FOR THE PRINTING OF THE JOUR- 
NALS OF THE COUNCIL OF SAFETY AND OF 
THE GOVERNOR AND COUNCIL. 

Sec. 1. The governor of the state is hereby authorized to appoint 
some suitable person or persons, and to contract with him or them to 
edit and publish the journals of the council of safety and the early jour- 
nals of the governor and council to such extent as the governor shall 
judge necessary to preserve the history of the state. 

Sec. 2. Such person or persons so appointed are also authorized to 
publish, in the form of an appendix to such records, any cotemporary 
public documents that may be necessary to explain such records. 

Sec. 3. Such records shall not be printed faster than one volume of 
convenient size each year. » 

Sec. 4. There shall be printed one thousand copies of each volume 
of said publication, and two hundred copies be given to the Vermont 
Historical Society, two hundred copies to the state library, and six hun- 
dred shall be deposited with the state librarian for sale on such terms 
as the governor shall prescribe. 

Sec. 5. The expenses and accounts for editing and printing said rec- 
ords shall be approved by the governor before they shall be audited by 
the state auditor. 

Approved, November 15, A. D. 1872. 



COMMISSION. 

Under and by virtue of the authority of the Act of the General As- 
sembly of the State of Vermont, approved November 15th, A. D. 1872, 
I hereby appoint and empower the Hon. E. P. Walton of Montpelier, 
in said State of Vermont, to prepare and publish two volumes of con- 
venient size, (octavo,) and in good style, of the Journals of the Council 
of Safety and of the Governor and Council of this State, with such addi- 
tional matter as may be deemed necessary and proper by notes and 
appendix ; and I do hereby commend him to the favor of all National 
and State authorities, Historical Societies and Librarians, and gentle- 
men having materials useful for the proposed work, assuring them that 
the courtesy rendered to him as the agent of the State will be deemed a 
courtesy to the State. 

Given under my hand and the seal of the State, at Woodstock, 
' ' this thirteenth day of January, A. D. 1873. 

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 Hemenway, for very numerous items of 
personal history in the Vermont Historical Magazine ; to the Histories 
of Vermont, &c, by Ira Allen, Dr. John A. Graham, Dr. Samuel 
Williams, and Rev. Zadock Thompson ; to Dr. Jeremy Belknap's 
History of New Hampshire ; to Hon. William Slade's State Papers ; 
to the Documentary History of New York; to the two volumes of Collec- 
tions of the Vermont Historical Society ; to Hon. Daniel Chip- 
man's Memoir of Governor Thomas Chittenden, &c. ; to Hon. Wm. M. 
Pingry, of Perkinsville, for the Pingry Papers ; to Hon. James H. 
Phelps, of West Townshend, for new and valuable additions to the 
record of the General Conventions, &c. ; to Henry S. Dana, Esq., of 
Woodstock, for papers contributed, and for criticisms ; to Hon. Samuel 
Swift, for the History of Addison County ; and to the town histories of 
Bennington by Rev. Isaac Jennings, Fair Haven by Andrew N. 
Adams, Pittsford by Dr. A. M. Caverly, Salisbury by John M. Weeks, 
and Shoreham, by Rev. Josiah F. Goodhue. Many other town histo- 
ries, contained in Miss Hemenway's Historical Magazine, have been 
used and are cited in the notes. 

Special acknowledgments are due to Hon. David Read of Burling- 
ton, and Hon. Lucius E. Chittenden of New York city, for their 
labors in securing the portrait of Gov. Thomas Chittenden ; and to Hon. 
Roswell Marsh of Steubenville, Ohio, for the portrait of Lieut. Gov. 
Joseph Marsh. 

And finally it is due to the people of Vermont that I should declare, 
that no portraits of Chittenden and Marsh were ever painted in their 
lifetime, and that the engraved portraits in this volume have been con- 
structed from descriptions of the person, dress, and character of these 



ACKNOWLEDGMENTS AND EXPLANATIONS. Vll 

noble Yermonters by gentlemen who knew them, and from the por- 
traits of such descendants as were known most closely to resemble 
their distinguished progenitors. The portraits used for the engraving 
of Gov. Thomas Chittenden were those of Thomas and Eli Chitten- 
den, sons of Noah, and grandsons of Gov. Thomas Chittenden. These, 
with personal descriptions by Gov. Martin Chittenden and others, 
were committed to the charge of Hon. Lucius E. Chittenden, and 
the drawing and engraving have been done under his inspection by an 
artist of the highest reputation, H. B. Hall, of Morrisania, N. Y. The 
portraits used in constructing the engraved portrait of Lieut. Gov. 
Joseph Marsh were those of the late Charles, of Woodstock, brother 
of Hon. George P. Marsh, and of the Hon. Roswell Marsh of Steu- 
benville, Ohio. The description used of Lt. Gov. Joseph Marsh's per- 
son, dress, and character, were by Hon. Roswell Marsh. The 
important question is as to the value of these engravings as portraits. 
As to the Chittenden it is to be observed, first, that the Chittenden race 
is so strongly and peculiarly marked that the form of person and head, 
and some of the features of the face, are recognized even in very distant 
connections — as, for one instance, in the late Senator Crittenden of 
Kentucky, who was of the Chittenden race, and so strongly resembled 
them that the Hon. Lucius E. Chittenden once mistook the Senator for 
his father. I knew the Senator well, and also recognized his strong re- 
semblance to the father of Lucius. But again, it is remarkable that the 
peculiarity of a defect in one of Gov. Thomas Chittenden's eyes is dis- 
tinctly marked by a cast in one eye of each of his descendants whose 
portraits have been used. Finally, writing as to the value of the Chit- 
tenden as a portrait, Hon. Lucius E. Chittenden declared that "it is 
perfectly satisfactory." The autograph was selected from several in the 
state archives, as the best written in his last years. As to the value of 
the engraved portrait of Lieut. Gov. Marsh, no person living, other than 
Hon. Roswell Marsh, is competent to give an opinion. He was the 
grandson of the Lieutenant Governor, lived with him until he was eigh- 
teen years of age, and still remembers well his person and character. A 
copy of the drawing by H. B. Hall was transmitted to Hon. Roswell 
Marsh for criticism, and he replied as follows : 

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. 



Vlll ACKNOWLEDGMENTS AND EXPLANATIONS. 

skillful artist at fifty, I can well believe the difference between that and 
this would be little more than the fading which time makes upon a fresh 
painting. You invite me to criticise. I know of but one man living 
except myself who knew him [Lieut. Gov. Marsh] familiarly — Levi 
Demmon, a neighbor, now ninety-four years of age. He is, I am told, a 
second child, does not know his house nor children. I am no critic, and 
dare not touch it. My advice is, let well enough alone. I agree with you. 
The light of intelligence and benevolence shines in every feature and is 
truly appropriate. An earnest Christian without bigotry, he was just 
the man to rebuke his brother deacon, a cold-blooded Puritan, for absurd 
inconsistency because while declaiming violently against the wickedness 
of young people going to dancing-school, he diligently kept time with 
his foot to a three-stringed fiddle worked by an old negro in the kitchen 
for the amusement of the children. 

I am very respectfully, 

Koswell 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 Allen, by 
John Trumbull. It has been deemed best, however, to await the result 
of an investigation, undertaken by Hon. Lucius E. Chittenden, as to the 
verity of this portrait. 

I now submit the first volume with a request that the work may be 
thoroughly criticised, and that I may be notified of any error, either in 
my own work or in that of others copied in the volume, to the end that 
the early history of the State may be made as accurate and complete as 
it is possible to make it. 

I am respectfully your Excellency's and the State's 

Obedient Servant, 

E. P. Walton. 
Montpelier, Sept. 1, 1873. 



GENERAL CONVENTIONS 



IN THE 



New Hampshire Grants, 



FOR THE 



INDEPENDENCE, ORGANIZATION, AND DEFENSE 



OF THE 



State of Vermont 

July 1775 — December 1777. 



GENERAL CONVENTIONS 



FROM 



July 26, 1775, to Dec. 24, 1777. 



From the first settlement and organization of the towns in the New 
Hampshire Grants, each had by its charter the right of self-government 
in March meeting, by the election of town officers and ordering town 
affairs. This power was vested in " the inhabitants " by the New Hamp- 
shire charters. 1 "When, in June 1770, the New York court repudiated 
these charters, and the towns west of the Green Mountains had resolved 
" to support their rights and property under the New Hampshire grants, 
against the usurpation and unjust claims of the governor and council of 
New York, by force, as law and justice were denied them," these towns 
appointed Town Committees of Safety, " whose business it was to attend 
to their defense and security against the New York claimants. These 
Committees afterwards met, from time to time as occasion seemed to 
demand, in general convention to consult upon and adopt measures for 
their common protection." 2 But to meet new exigencies of the people — 
for bearing their part in the war of the revolution, defending their fron- 
tiers, raising and officering troops, and also for prosecuting their claims 
to independence in Congress by correspondence and agents — General 
Conventions of a still higher grade were constituted, the first of which 
met on the 16th of January, 1776. 3 This was called by a " warrant," 
issued Dec. 10, 1775, by a committee apparently appointed for the pur- 

1 Zadock Thompson's Vermont, part I, p. 224. 

2 Hiland Hall, in Vermont Historical Society Collections, vol. I, pp. 4, 5. 
Town Committees of Safety were appointed in Cumberland and Glouces- 
ter [Windham, Windsor, and Orange] counties in 1774 and 1775, and 
these, when met together in each county, constituted the County Com- 
mittee of Safety. — See Appendix A. 

3 The first convention, whose record is inserted in this volume, con- 
sisted of " Town Committees," and not of delegates specially and formally 
elected by the towns. 



4 General Conventions. 

pose, (when and by what authority does not appear,) which warned the 
inhabitants on the New Hampshire grants " to meet together by their 
Delegates from each town" at the time and place and for the several pur- 
poses specifically named. In June, 1776, the inhabitants on the west 
side of the Green Mountains were again " warned " in like manner, and 
those on the east side, within the nominal jurisdiction of New York, 
were " desired," to " meet by their several delegates in General Conven- 
tion ;" and from that period the eastern towns began to appear by dele- 
gates. In January 1777, a Convention assumed jurisdiction of the 
whole territory, and declared it to be " a separate, free and independent 
jurisdiction or state. 1 ' These Conventions were formally warned, either 
by a committee appointed for the purpose, or by a resolution of a pre- 
ceding Convention, or sat on their own adjournments ; the delegates 
were appointed by the inhabitants of the several towns ; and the re- 
solves made in Convention were executed by committees or agents 
thereto appointed. This simple machinery stood instead of a formally 
constituted state government, and performed all the offices of such an 
one as far as was necessary and practicable. One body exercised what- 
ever of supreme legislative and executive power the occasion demanded; 
but that body was elected by the people, expressed their will, and was 
responsible to them. These Conventions established the State, ruled it 
for a brief period, and gave to it in due time a constitution. For these 
things their records deserve to stand as the first chapter in the govern- 
mental history of the state. 

March 14-16, 1775, the power of the royal Provincial Congress of New 
York was thoroughly broken in eastern Vermont, by the arrest of its 
judicial officers at Westminster. April 11, 1775, a General Convention 
of committees on the east side of the Green Mountains denounced the 
Westminster massacre of March 13, and voted to renounce and resist 
the administration of the government of New York, till they could ap- 
peal " to the royal wisdom and clemency, and till such time as his Maj- 
esty shall settle this controversy." 1 This was the last expression of 
loyalty to the king by any representative body in the state. The news 
of the collision at Lexington fired the hearts of a majority of the peo- 
ple, and on the 10th of May the first heavy blows upon British military 
power in America were struck by Allen and Warner at Ticonderoga and 
Crown Point. In consideration of these services, the Continental Con- 
gress voted, June 23, 1775, to pay " the men who had been employed in 
the taking and garrisoning of Crown Point and Ticonderoga ;" and 
" recommended to the Convention of New York that they, consulting 
with Gen. Schuyler, employ in the army to be raised for the defense of 
America, those called Green Mountain Boys, under such officers as the 
said Green Mountain Boys shall choose." A copy of these resolutions 
was given to Allen and Warner. With these, and an official letter from 

1 See Appendix, A., No. 1. 



General Conventions. 5 

the President of Congress, John Hancock, to the Convention of New 
York, they repaired to that body. On the 4th of July, Allen and War- 
ner were admitted to the Convention, and that body ordered, that in 
consequence of a recommendation from the Continental Congress, " 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 1 be re- 
quested to forward this order," &c. 2 From this action sprang the Gen- 
eral Convention which the editor regards as the first in the record of 
the government of the State of Vermont. It was indeed a Convention 
of Town Committees, with the approval of the only government which 
New York then had, but it will be observed that it ignored the authority 
of New York, and expressly declared that its action was " in compli- 
ance with the orders of Congress," as well as the recommendation of an 
officer commissioned by Congress. It assumed to be independent of all 
other states, and its function was that of the other states, giving to the 
continental army such a contribution as was then most needed from 
every state — an efficient military force, which was at once employed in 
an attack upon Canada. 

1 Of the continental army, then recently appointed by Congress. 
2 Hiland Hall's Early History of Vermont, pp. 208-212; E. Allen's Mss., 
pp. 151-157. 



CONVENTION AT DORSET, 

JULY 26, 1775. 

[Trom the Vermont Historical Society Collections, Vol. I.] 

At a meeting of the committees of the several townships on the New 
Hampshire Grants, west of the range of the Green Mountains, convened 
at the House of Mr. Cephas Kent, innholder, in the township of Dorset, 
July 26, 1775, voted as follows, viz. : 

1 st - Chose Mr. Nathan Clark Chairman. 

2 d - Chose John Fassett Clerk. 

3 d - The motion being made and seconded whether the convention 
shall prosecute [ proceed] in choosing Field and other Officers, according 
to the Provincial Congress and Gen. Schuyler's directions, passed in the 
affirmative. 

Then proceeded as follows : 

4 th - Chose Mr. Seth Warner Lieutenant Colonel for the regiment of 
Green Mountain Boys by a majority of forty-one to five. 

5 tn - Chose Mr. Samuel Safford Major for said regiment by a majority 
of twenty-eight to seventeen. 

Then proceeded and chose seven Captains arid 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 Yail, Ira Allen, Jesse Sawyer, 

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

Nathan Clark, Chairman. 1 

x 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 Safford were citizens of Bennington, 



Convention at Dorset, July 26, 1775. 7 

A copy of the above was sent to Gen. Schuyler with a letter as fol- 
lows : 

and were each promoted one grade in the continental regiment of 1776. 
The officers of the first company were also Bennington men. Wait 
Hopkins afterward became Major, and John Fassett, jr., a prominent 
man in the state government. 

The second company was probably from Poultney and Tinmouth. 
Ebenezer Allen resided in Poultney at the time of his appointment, but 
removed soon after to Tinmouth, which he represented in several Con- 
ventions, beginning in January, 1776. Ebenezer and Ethan Allen's 
families were descendants of two brothers, Matthew and Samuel, who 
came to New England in 1632.— See 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 vicinity. Lieut. Barnum was the first settler of Monkton, and 
was killed in defending the block-house at Shelburne, March 12, 1778. — 
See Vt. Hist. Mag., vol. I, pp. 65, 860, 878. John Chipman cleared the 
first land in Middlebury. He was in active military service for most of 
the time from the spring of 1775 till he was taken prisoner at Fort 
George in Oct. 1780. He took part in the capture of Fort Ticonderoga, 
was at the taking of St. Johns and Montreal, and in the battles of Hub- 
bardton, Bennington, and Saratoga. Chipman was "discharged at 
Montreal," and was in 1776 again commissioned in Capt. Smith's com- 
pany, Warner's regiment. He died in Middlebury in Aug. 1829. — See 
Vt. Hist. Mag., vol. 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 Shaftsbury. Capt. 
Fitch represented Pawlet in most of the Conventions. David Galusha 
was of Shaftsbury. Nathan Smith was probably of Bridport until 1784, 
when he settled in Shoreham.— See Swift's Addison County, p. 87; and 
Vt. Hist. Mag., vol. 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 months before he received the 
title of " Major." — See Goodhue's Shoreham, p. 23. 

The fifth company was probably from Sunderland and vicinity. Capt. 
Brownson of Sunderland served through the war, having been promoted 
to the rank of Major in the continental service, and afterward General in 



8 General Conventions, 

May it Please Yottr Honor : — In compliance with the orders of 
Congress, as well as your recommendation, I enclose the proceedings of 

the Vermont Militia. J. A. Graham said : Gen. Brownson "was a vio- 
lent politician in the late war ; and that as a proof of his valiant con- 
duct, he now [1797] carries in his body eighteen pieces of lead, which he 
received during that fatal contest." — Graham's Letters, p. 47. No notice 
can be found of Lieut. Blakeley. Lieut. Philo Hard, [probably of Ar- 
lington,] seems to have joined the enemy. — See order of the Governor 
and Council, March, 1778. Gen. Ebenezer Walbridge, of Bennington, 
was a Lieut, in Brownson's company in March, 1776, Adj't in the 
battle of Bennington, afterwards Col. of militia in service, and Brigadier 
General.— See Vt. Hist. Mag., vol. 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. Yail 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 
Eutland 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 pounds, advanced on his claim upon the continen- 
tal treasury for the allowance made by Congress to wounded officers. 
Joshua Stanton resided in Colchester, and he is noticed as a prominent 
and useful man. — See the history of Colchester, in the Vt. Historical 
Magazine, vol. I, pp. 761-763. 



Convention at Dorset, July 26, 17T5. 9 

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



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

Captains. Lieutenants. 

Kemember 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 
& Surgeon. — See Ethan Allen Mss., p. 157 ; Collection of Historical Mss. 
relating to the war of the revolution, in the office of the Secretary of 
State, New York, published at Albany in 1868, vol. I, p. 109. This 
was a bitter dose for New York, as Ethan Allen, Seth Warner, Ke- 
member Baker, Kobert 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 Shade's Vermont State Papers, pp. 42-54. Most of 
the persons in Allen's list were appointed. Of the others, Baker was killed 
previous to the Convention, otherwise he would probably have been a 
favorite. Ethan Allen received from Congress, 14th Maj% 1778, a brevet 
commission as Lieutenant Colonel, " in reward of his fortitude, firmness 
and zeal in the cause of his country;" Cochran joined Elmore's Connecti- 
cut regiment in 1775, and the 3d battalion of N. Y. in the continental 
army in 1776, rendered brave service as captain, major, and lieutenant 
colonel, and died at Sandy Hill, New York, July 3, 1812, and was buried at 
Fort Edward, N. Y., near the grave of Jane McRea, who was murdered 
by Burgoyne's Indians in 1777. Levi Allen served in the Canada cam- 
paign of 1775, but in 1779 he was denounced by Ethan Allen to the Court 
of Confiscation in Bennington County as being " of Torey principles," and 
his property was confiscated. — See Vt. Hist. Mag., vol. I, pp. 571-574; 
Slade's State Papers, 563. " Capt. Peleg Sunderland " appears in the 
legislative records. He was " a mighty hunter " of both wild beasts and 
tories, and a man of considerable acquirements. Dr. Fay did serve for 
a time in Warner's regiment. — See biographical notices in Early His- 
tory of Vermont. 

In this connection it should be stated that Ethan Allen's disappoint- 
ment did not abate one whit of his zeal for his country. He joined 
Gen. Schuyler in the capacity of an officer, but without a commission, 
and succeeded in raising a body of two hundred and fifty Canadians, 



10 General Conventions. 

to the towns in general — all which is humbly submitted to your wisdom, 
not doubting but the warrants will issue agreeable to our wishes. 
We are your most obedient, 

In behalf of the committee, 

Nathan Clark, Chairman. 1 

which he commanded. With only about one half of this unreliable 
body he attacked Montreal, fought bravely, but was deserted by most of 
his men and taken prisoner. Warner in the same campaign was more 
cautious and successful. These events justified the wisdom of the 
Convention in preferring Warner. — See Early History, pp. 214-218; Ira 
Allen's History of Vermont in Vermont Historical Society Collections, 
vol. i, p. 366, text and note. 
1 Journal of New York Congress, July 1, 4, and August 15, 1775. 



CONVENTION AT DOESET, 

JANUARY 16, 1776. 



[From a manuscript copy in the possession of Hon. James H. Phelps, of West Townsliend, 

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

in Vermont Historical Society Collections, Vol. I.] 



WARRANT. 

Arlington, 10th Dec'r, 1775. 
Whereas, there has been several warrants or notifications sent up the 
country for a general meeting on the N". Hampshire Grants to be held 
at Mr. Cephas Kent's, in Dorset, on the first Wednesday of January 
next, and as it was thought very necessary that Col. Seth'Warner with 
others should attend the said meeting, and their business being such 
that they could not attend at that time : 

This is therefore to warn the inhabitants on the said "N. Hampshire 
Grants west of the range of Green Mountains, to meet together by their 
Delegates from each town at the House of Mr. Cephas Kent's in said 
Dorset on the sixteenth day of January next, at nine o'clock in the 
morning, then and there to act on the following articles, (viz :) 
1st. To choose a Moderator or Chairman for said meeting. 
2 d - To choose Clarks for said meeting. 

3 d - To see if the Law of New York shall have free circulation where 
it doth [not ?] infringe on our properties, or Title of Lands, or Riots (so 
called) in defense of the same. 1 

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

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

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

Moses Robinson, 
Samuel Robinson, 
Seth Warner, 
By order of Jeremiah Clark, J* Committee. 

Martin Powell, 
Daniel Smith, 
Jonathan Willard, 

1 See Vt. Hist Soc. Coll, vol. n, p. x. 



12 General Conventions. 

ST. Hampshire ) 

Grants. J Dorset, January 16, 1776. 

At a Meeting of the Representatives of the several towns in UST. 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 : 

1 st - Made choice of Capt. Joseph Woodward, Chairman. 

2 d - Made choice of Doct. Jonas Fay, Clerk. 

3 d - 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 ilcLane, 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. 



Towns' Names. 


No. 


votes allowed. 


Towns' 1 Names. No. votes allowed. 


Pownall, 






4 


Clarendon, 4 


Bennington, 






7 


Rutland, 3 


Shaftsbury, 






4 


Pittsford, 2 


Arlington, 






3 


Rupert, 2 


Sunderland, 






2 


Pawlet, 1 


Manchester, 






4 


Wells, 1 


Dorset, 






2 


Poultney, 2 


Danbee, 






3 


Castleton, 2 


Tinmouth, 






2 
Joseph Be 


Neshobee, [or Brandon,] 1 
>wker, 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 Breakenridge, Capt. Heman Allen and Doct. 
Jonas Fay be, and they are hereby appointed to prefer said petition. 

Voted, That Doct. Jonas Fay, Col. Wm. Marsh and Mr. Thomas Row- 
ley be a Committee with the above delegates to prepare the said Remon- 
strance and Petition. 1 

Voted, Nem. Con., to pay the above agents their Reasonable costs for 
their services on their return and exhibiting their accounts. 

Voted, Messrs. Simeon Hathaway, Elijah Dewey, and James Break- 
enridge, [of Bennington,] or either two of them, be and are hereby ap- 
pointed a Committee with power to warn a General Meeting of the Com- 
mittees on the Grants when they shall judge necessary from Southern 
intelligence. 

And that Col. John Strong, Zadock Everest and Asahel Ward, [ of 
Addison,] be a like Committee with like power of warning such Gen- 
eral Meeting of Committees in the Grants when they shall judge nec- 
essary from northern intelligence. 

Voted, That the several Committees of Correspondence continue their 
duty as usual. 2 

Lastly voted to Dissolve the Meeting. 

pr Joseph Woodward, Chairman. 
Errors excepted. 

True Copy examined, 
pr Jonas Fay, Cleric. 

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

D. M. 

Poultney 0-6-4 

Pittsford 0-6-0 

Rupert 0-10-1 

£1- 2-5 
Received pr. 

Jonas Fay, Clerk. 

x 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. 

2 This is the first allusion in the record of any General Convention, 
that has been preserved, of Committees of Correspondence. The infer- 
ence is that Conventions were held of which we have no record. Prob- 
ably the committee that warned this meeting was appointed and author- 
ized by a previous Convention. 



CONVENTION AT DOESET, 

JULY 24, 1776. 

[From the manuscript copy of the Hon. James H. Phelps, as published in the Vermont His- 
torical Society Collections, vol. IJ 



WARRANT. 

24th June, 1776. 

These are to warn the several Inhabitants of the N. Hampshire Grants 
on the West side, and to desire those on the east side the Range of 
Green Mountains, That they meet by their several delegates in General 
Convention, to be held at the dwelling House of Mr. Cephas Kent, inn- 
holder in Dorset, on Wednesday, the twenty-fourth day of July next at 
8 o'clock in the forenoon, to act on the following articles, (viz :) — 

I s *- To choose a Moderator, and secondly a Clerk for said Conven- 
tion. 

3 d - To receive the report of Capt. Heman Allen from the Continental 
Congress, he having been previously appointed to transact business in 
behalf of the inhabitants of said Grants. 

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

5 th In case the last article be objected to : Whether said Convention 
will agree to an association (not repugnant to that of the Continental 
Congress) and subscribe thereto, to do duty in conjunction with the Con- 
tinental Troops (only) as Members of the District of Land which they 
inhabit. 

6 th - To see if said Convention will earnestly recommend it to the sev- 
eral Field Officers heretofore nominated on said Grants, to see that their 
men be forthwith furnished with suitable arms, ammunition and accout- 
rements, &c, agreeable to a resolve of the hon bIe the Continental Con- 
gress. 

7 th - To see if said Convention will make preparation, and settle 
with Capt Heman Allen for his expenses and services for the publick. 

And 8th - to transact any other business that shall be thought necessary 
and in the power of S d Convention for the safety of the liberties of the 
Colonies in General and the N. Hampshire Grants in particular. 
James Breakenridge, 

Simeon Hathaway, J- Committee Appointed. 
Elijah Dewey, 

Copy examined, 
pr Jonas Fay, Clerk. 



Convention at Dorset, July 24, 1776. 



15 



ton. 



Shafts- 
bury, 
Sunder- 
land, 

Man- 
chester, 

Dorset, 

Bupert, 

Pawlet, 

Wells, 

Poult- 
ney, 

Castle- 
ton, 
Hubber- 
ton, 



Maj. 

Mr. John Burnam. 



•j Joseph Bradley. 

( Col. Wm. Marsh, 1 
■} Lt. Martin Powell, 
(Gideon Ormsby. 
j John Manley, 
{ Abr'm Underhill. 
j Reuben Harmon, 
I Amos Curtis. 
( Capt, Wm. Fitch, 
I Maj. Roger Rose. 
( Daniel Culver, 
( Ogden Mallory. 
\ Nehemiah Howe, 
I William Ward. 
( Ephraim Buel, 
I Jesse Belknap. 



Delegates' 1 Names. 



Doeset, July 24th, 1776. 
In consequence of the foregoing Warrant, the following persons, being 
Delegated, met at this place to transact the business of S d warning, 
(viz :) 

Towns' 1 Names. Delegates'' Names. 

Pownall, Capt. Sam'l Wright. 

Bennina- ( Simeon Hathaway, 
Venning J Jonas F aVj 

( Jno. Burnam, Jr. 

\ Maj. Jeremiah Clark, 

U * 



Pitts- 
ford, 

Butland, 



Towns' 1 Names. 

Hines- ) 

burgh & > Isaac Lawrence. 
Monkton, ) 
Neshobee ) 

[or > John Mott. 

Brandon,'] ) 

( Aaron Parsons, 
~> Jona. Rowley, 
( Jonathan Fassett. 
( Asa Johnson, 
( Joseph Bowker. 
Clarendon, Thomas Braten. 
No. Wal- ( Matthew Lyon, 
lingford, ( Abr'm Jackson. 
Tin- < Eben'r Allen, 
mouth, \ Stephen Royce. 

Capt. Micah Veal, [Vail,] 
William Gage. 
Towns- j Capt. Samuel Fletcher, 
hend, { Josiah Fish. 2 

* Capi. Heman Allen, 



Danbee 



-I 



Benja. Hitchcock. 



Williston, Col. Thos. Chittenden. 



Jerico, 



Brown Chamberlain. 



Colchester, Ira Allen. 



borough, 

Bridport, 

Sudbury, 

Addison, 

Cornwall, 



Samuel Benton. 
John Gage. 
Col. John Strong. 
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 Doct. Jonas Fay, Clerk. 

After which on a motion being made and agreed to by the House the 
Clerk proceeded to read the following Address, Remonstrance and Peti- 
tion of the Inhabitants of the N". Hampshire Grants to the honorable the 



1 See note on p. 22, post. 

2 Messrs. Fletcher and Fish were the first Delegates in General Con- 



vention from eastern Vermont. 



16 General Conventions. 

Continental Congress, which was exhibited to that board by Capt. 
Heman Allen in the latter part of the month of April, or in the begin- 
ning of the month of May, A. D. 1776, (viz.) 

" To the HonoraMe John Hancock, Estfr., President of the honorable the 
Continental Congress, tfcc, <fcc, now assembled at Philadelphia : — 
" The Humble Address, Remonstrance and Petition of that part of 
America being situated south of Canada line, West of Connecticut River, 
North of the Massachusetts Bay, and East of a twenty mile line from 
Hudson's River, commonly called and known by the name of the N. 
Hampshire Grants, — Humbly Sheweth, 

" That your honor's Petitioners being fully sensible and duly affected 
with the very alarming situation in which the united colonies are involv- 
ed, by means of a designing Ministry, who have flagrantly used, and are 
still using their utmost efforts to bring the inhabitants of this very ex- 
tensive continent of America, into a base and servile subjection to 
Arbitrary Power ; Contrary to all the most sacred ties of Obligation by 
Covenant, and the well known Constitution by which the British Empire 
ought to be governed ; your Petitioners, not to be prolix or waste Time, 
when the whole Continent are in so disagreeable situation, would how- 
ever beg leave to Remonstrate in as short terms as possible the very 
peculiar situation in which your petitioners have for a series of years 
been exercised, and are still struggling under. 

" Perhaps your honors, or at least some of you, are not unacquainted, 
that at the conclusion of the last War, the above described premises, 
which your petitioners now inhabit, was deemed and reputed to be in 
the province of New-Hampshire, and consequently within the jurisdic- 
tion of the same. Whereupon applications were freely made to Benning 
Wentworth, Esq., the then Governor of the province of N. Hampshire, 
who, with the advice of his council, did grant under the Great Seal of 
said province to your honors' Petitioners a large number of Townships 
of the contents of six miles square each, in consequence of which a great 
number of your petitioners, who were men of considerable substance, 
disposed of their interests in their native places, and with their numer- 
ous families proceeded many of them two hundred miles, encountering 
many Dangers, Fatigues and great Hardships to inhabit a desolate 
Wilderness, which has now become a well-settled frontier to three 
Governments. This was not all our Trouble, for soon after the com- 
mencement of those Settlements, the Monopolizing Land Traders of 
New- York, being apprised that the province of New-Hampshire had 
granted the said Lands, and that settlements were actually making, did 
present a petition (as we have often heard and verily believe) in your 
Petitioners' names, praying that his Majesty would annex the said lands 
granted by the authority of N. Hampshire to N. York on account of its 
local and other circumstances for the benefit of the inhabitants. 

" Your petitioners not being apprized of the intrigue (in this case) 
were mute, therefore as no objection was made why the prayer of the 
petition should not be granted, his Majesty was pleased with the advice 
of his Council on the 20th day of July, A. D. 1764, to grant the same, 
immediately after which the Land Traders of N. York Petitioned the 
then Governor of that Province for grants of Land, some part of which 
had been previously granted to your petitioners by the Governor and 
Council of N. Hampshire. The dispute then became serious, and your 
Petitioners then petitioned his Majesty for Relief in the Premises. His 
Majesty was pleased to appoint a Committee, who reported to his Majesty 
in the premises, and his Majesty was pleased to pass an order in the fol- 
lowing words (viz.): — 



Convention at Dorset, July 24, 1776. 17 

" l At a Court at Saint James's the 24th day of July, 1767. 

" k Present : 

" ' The King's Most Excellent Majesty. 

The Archbishop of Canterbury. Earl of Shelburn. 

Lord Chancellor. Viscount Falmouth. 

Duke of Queensborough. Viscount Barrington. 

Duke of Ancarter. Viscount Clark. 

Lord Chamberlain. Bishop of London. 

Earl of Litchfield. Mr. Sec'y Conway. 

Earl of Bristol. Thorn's Stanley, Esq. 

"' His Majesty taking the said Report into consideration was pleased 
with the advice of his Privy Council to approve thereof and doth hereby 
strictly charge, require and command, that the Governor or Commander- 
in-Chief of his Majesty's Province of New York for the time being, do 
not upon pain of his Majesty's highest displeasure presume to make any 
grant whatsoever of any part of the Land described in said Report until 
his Majesty's further pleasure shall be known concerning the same. 

" ' William Sharpe. 
"'A true Copy, Attest, G'w. Banyar, BepVy ^'ecY'" 1 
" The many intervening and unhappy disputes which since have hap- 
pened between those Land Traders of New York and your Petitioners 
would take up too much time under the present situation of Public Af- 
fairs to recite, as Capt. Heman Allen and Doct'r Jonas Pay who we have 
appointed to present this to your honors will be furnished therewith 
should they find your honors' admittance, and such particulars be thought 
necessary. Let it suffice here only to mention that the oppressions 
from those overgrown land Traders were so grievous that your Petition- 
ers were again induced, at a great expense, to petition his Majesty ; in 
consequence of which a Committee was appointed and made a report in 
favor of your Petitioners, which is too prolix to be inserted here. 

" We are called on this moment by the Committee of Safety for the 
County of Albany to suppress a dangerous insurrection in Tryon 
County. Upwards of ninety soldiers were on their march within twelve 
hours after receiving the news, all inhabitants of one town inhabited by 
your petitioners, and all furnished with arms, ammunition, accoutre- 
ments, provisions, &c. Again we are alarmed by express from General 
Wooster commanding at Montreal, with the disagreeable news of the 
unfortunate attack on Quebec, (unfortunate indeed to lose so brave a 
commander.) requiring our immediate assistance by Troops ; in conse- 
quence of which a considerable number immediately marched for Que- 

1 Dec. 24, 1786, John Munro [of Shaftsbury] wrote to James Duane that 
he had been to England to get compensation for loss of his property ; 
that in Sept. 1785 the commissioners awarded him a pitiful sum, having 
made large deductions from his claim ; and he declared that " we discov- 
ered that the deduction was owing to the New Hampshire claims covering 
the most part of my property." Thus the important fact appears, that, 
eighteen years after the above order of the king in council, and when the 
controversy between Vermont and New York was fully understood, the 
validity of the New Hampshire Grants was affirmed by the British board 
which had jurisdiction of land titles in America.— i£. Allen Mss., pp. 
415-419 ; Early History of Vermont, p. 466. 
3 



18 General Conventions. 

bee, and more are daily following their example. 1 Yet while we your 
Petitioners are thus earnestly engaged, we beg leave to say that we are 
entirely willing to do all in our Power in the General Cause, under the 
Continental Congress, and have been ever since the taking Ticonderoga, 
&c., in which your petitioners were principally active, under the com- 
mand of Col. Ethan Allen, but are not willing to put ourselves under the 
honorable provincial Congress of New York in such manner as might 
in future be detrimental to our private property ; as the oath to be ad- 
ministered to those, who are, or shall be entrusted with commissions 
from said Congress, and the Association, agreed upon by the same au- 
thority, together with some particular restrictions and orders for regu- 
lating the Militia of said province, if conformed to by the inhabitants of 
the said N. Hampshire Grants, will (as we apprehend) be detrimental to 
your petitioners, in the determination of the dispute now subsisting be- 
tween your said Petitioners and certain claimants under said province 
of New York. And that your Petitioners' ardent desires of exerting 
themselves in the present struggle for freedom may not be restrained, 

1 Hiland Hall has vividly stated the urgency of the demand upon 
the Green Mountain Boys in this emergency, and the promptitude and 
vigor of their response : 

By the sudden death of Montgomery, the command in Canada de- 
volved on Gen. Wooster. He had been left at Montreal in charge of the 
troops at that place and its vicinity, and he immediately made every 
effort to obtain reinforcements from the colonies. On the 6th of Jan. 
1776, he wrote to Col. Warner for aid in the most pressing terms. The 
following are extracts from his letter. After giving a general account 
of the misfortune at Quebec, he says : " I have not time to give you all 
the particulars, but this much will show you that in consequence of this 
defeat our present prospect in this country is rendered very dubious, and 
unless we can be quickly re-enforced, perhaps they may be fatal, not 
only to us who are stationed here, but also to the colonies in general ; as 
in my opinion the safety of the colonies, especially the frontiers, very 
greatly, depends upon keeping possession of this country. I have sent 
an express to Gen. Schuyler, General Washington and the Congress, but 
you know how far they have to go, and that it is very uncertain how long 
it will be before we can have relief from them. You, sir, and the valiant 
Green Mountain corps, are in our neighborhood. You all have arms, 
and I am confident ever stand ready to lend a helping hand to your 
brethren in distress, therefore let me beg you to raise as many men as 
you can, and somehow get into the country and stay with us till we can 
have relief from the colonies. You will see that proper officers are ap- 
pointed under you, and both officers and privates will have the same pay 
as the continental troops. It will be well for your men to set out as soon 
as they can be collected. It is not so much matter whether together or 
not, but let them be sent on by tens, twenties, thirties, forties or fifties, 
as fast as they can be collected. It will have a good effect upon the Can- 
adians to see succor coming on. You will be good enough to send copies 
of this letter or such parts of it as you think proper to the people below 
you. I can but hope the people will make a push to get into this coun- 
try, and I am confident I shall see you here with your men in a very 
short time." Gen. Wooster was not disappointed. He did see War- 
ner in Canada " in a very short time." Their promptness and alacrity 
on this alarming occasion elicited the notice and approval of both Wash- 
ington and Schuyler.— Early History, pp. 219, 220. 



Convention at Dor set , July 24, 1776. 19 

and that we might engage in the Glorious Cause, without fear of giving 
our opponents any advantage in the said Land dispute, which we would 
wish to have lie Dormant 1 , until a general restoration of Tranquility 
shall allow us the opportunity for an equitable decision of the same. 

" Another reason that much hinders us from joining New York hand 
in hand in the General Cause, is, they will not own us in our property, 
but on the contrary the Judges of their {Supreme Court have expressly 
declared the Charters, Conveyances, &c. of your Petitioners' Lands to 
be null and void. 

"Therefore we your honors'humble Petitioners most earnestly pray 
your Honors to take our cause into your wise consideration, and order 
that for the future your petitioners shall do Duty in the Continental ser- 
vice (if required) as inhabitants of said New Hampshire Grants, and not 
as inhabitants of the province of New York, or subject to the Limita- 
tions, restrictions or regulations of the Militia of said province, and that 
commissions, as your honors shall judge meet, be granted accordingly, 
and as in Duty bound, your honors' Petitioners shall ever pray. 

" At a meeting of the representatives of the different Towns on the 
N. Hampshire Grants legally warned and convened at the house of Mr. 
Cephas Kent's, innholder in Dorset, on the 16th day of January, A. D. 
1776 : Captain Joseph Woodward, Chairman. 

"Doct'r Jonas Fay, Clerk. 

" This meeting after due consideration agreed to prefer to the honor- 
able the Continental Congress a humble Petition setting forth the pecul- 
iar circumstances of this part of the Country. Accordingly a Commit- 
tee was appointed to draw up the same, who drew up the foregoing and 
reported it to the house in the evening, and the Clerk read the same in 
his place, and afterwards delivered it in at the Table; the House then 
adjourned till to-morrow 9 o'clock. 

" January 17th. Met according to adjournment. 

" The said Petition being a second time read was agreed to by the 
whole house, then Lieutenant James Breakenridge and Captain Heman 
Allen was nominated to prefer the said petition, a vote was called and 
passed in the affirmative, Nem. Con. — then Doctor Jonas Pay was nom- 
inated and a vote called passed in the affirmative, Nem. Con. 

"Joseph Woodward, Chairman. 

" Attest, Jonas Fay, Clerk. 
" A true copy from the original. 
« Errors excepted. pr g«A^PAT, j. Committee Appointed » 

Captain Heman Allen, appointed to prefer the foregoing to the honor- 
able the Continental Congress, being present, and a motion being made 
and seconded, Reported to the Convention as follows, (viz. :) 

That in consequence of his appointment, for that purpose, he had de- 
livered the said foregoing Remonstrance, Address and Petition to the 
honorable John Hancock, Esqr., the President of Congress then sitting 
at Philadelphia, and that by the directions of the honorable House it was 
read in his place at the Board by the Secretary. 

That the delegates from the province of New York endeavored to 
oppose the said petition, but that it was entered on file and ordered to 
lie on the table for further consideration. 

That on the advice of several gentlemen, he made a motion to with- 
draw the said petition, that the Delegates from New York should not 

1 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. 1 

That he had many private conferences with sundry members of Con- 
gress and other Gentlemen of distinction relating to the particular cir- 
cumstances and -situation of the New Hampshire Grants, who did seve- 
rally earnestly recommend that the inhabitants of said Grants exert 
themselves to their utmost abilities to repel, by force, the Hostile inva- 
sions of the British fleets and armies against the colonies of America, 
and that said Inhabitants do not by any way or means whatsoever con- 
nect or associate with the honorable Provincial Congress of New York, 
or any authority derived from, by, or under them, directly or indirectly, 
but that the said inhabitants do forthwith consult suitable measures to 
associate and unite the whole of the Inhabitants of said Grants together. 2 

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. :) 

1 st - That not more than one person be allowed to speak at the same 
time, and only by leave of the Chairman. 

2 d - 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 d - Voted to pa?s over the fourth, fifth and sixth articles of the War- 
rant till to-morrow at ten o'clock at this place. 

3 d - Voted, Col. William Marsh, Col. Thomas Chittenden, John Bur- 
nam, Junr., Capt. Micah Veal [Vail,] and Lieut. Joseph Bradley, be a 
Committee to examine the account of Capt. Heman Allen for his service 
for the Publick, and report their opinion thereon to this Convention 9 
o'clock to-morrow morning. 

Adjourned to 7 o'clock to-morrow morning at this place. 

Meeting opened at time and place. 

Proceeded to the consideration of the fourth article of the Warrant, 
and after due consideration it was dismissed. 

Proceeded to the consideration of the fifth article of the Warrant, and 

Resolved, That application be made to the inhabitants of said Grants 
to form the same into a separate District [or State.] 

Dissentients only one. 

Proceeded to the consideration of the sixth article of the Warrant, 
and 

1 See Vt. Hist. Soc. Collections, vol. it, " Additions and Corrections," 
pp. xiv, xv. 

2 The following are the resolutions of Congress : 

The Committee, to whom the petition, address, and remonstrance of 
persons inhabiting that part of America., which is commonly called and 
known by the name of the New-Hampshire grants, was referred, have 
examined the matter thereof, and come to the following resolution there- 
upon : 

Resolved, That it is the opinion of this Committee, that it be recom- 
mended to the petitioners, for the present, to submit to the governmeiu 



Convention at Dorset, July 24, 1776. 21 

Voted, To recommend it accordingly. 

Voted, To choose a Committee to treat with the Inhabitants of the 
New Hampshire Grants on the East side of the range of Green Moun- 
tains, relative to their associating with this Body. 

Voted, That Capt. Heman Allen, Col. William Marsh, and Doct. Jo- 
nas Fay, in conjunction with Capt. Samuel Fletcher and Mr. Joshua 
Fish, be a Committee to exhibit the proceedings of this Convention, to 
said inhabitants, and to do the Business as above. 

Voted, Doct. Jonas Fay, Col. Thomas Chittenden, and Lieut. Ira 
Allen a Committee to prepare instructions for the above 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 
the Northern Department, requesting his assistance in Guarding the 
Frontiers to the Northward on the said New Hampshire Grants. 

Voted, That Doct. Jonas Fay and Col. William Marsh be a Committee 
to prepare the above petition. 

Adjourned one hour. 

The meeting opened at time and place. 

Proceeded to the consideration of the following Association, (viz. :) 

This Convention being fully sensible that it is the Will and Pleasure 
of the honorable the Continental Congress, that every honest Friend to 
the Liberties of America, in the several United States thereof, should 
subscribe an Association, binding themselves as Members of some Body 
or Community to stand in the defence of those Liberties; and Whereas 
it has been the usual custom for individuals to associate with the Colony 
or State which they are reputed members of: Yet nevertheless the long 
and spirited Conflict, which has for many years subsisted between the 
Colony or State of New York, and the inhabitants of that District of 
Land, Commonly Called and known by the name of the New Hamp- 
shire Grants, relative to the title of the Land on said District, renders it 
inconvenient in many respects to associate with that Province or State, 
which has hitherto been the sole reason of our not subscribing an Asso- 
ciation before this. 

The better therefore to convince the Publick of our readiness to join 
in the common Defence of the aforesaid Liberties, We do Publish and 
Subscribe the following Association, (viz. :) 

We the subscribers inhabitants of that District of Land, commonly 
called and known by the name of the New Hampshire Grants, do volun- 
tarily and Solemnly Engage under all the ties held sacred amongst Man- 
kind at the Risque of our Lives and fortunes to Defend, by arms, the 

of New-York, and contribute their assistance, with their countrymen, in 
the contest between Great-Britain and the United Colonies ; but that 
such submission ought not to prejudice the right of them or others to the 
lands in controversy, or any part of them ; nor be construed to affirm or 
admit the jurisdiction of New-York in and over that country ; and when 
the present troubles are at an end, the final determination of their right 
may be mutually referred to proper judges. 

In Congress, June Mh, 1776. 
Resolved, That captain Herman [Heman] Allen have leave to with- 
draw the petition by him delivered, in behalf of the inhabitants of the 
New-Hampshire grants, he representing that he has left at home some pa- 
pers and vouchers necessary to support the allegations therein contained. 
Extracts from the minutes, Thos. Edson, for 

Chas. Thompson, Sec. 
— See Slade's State Papers, pp. 64, 65; Journal of Congress, June 4, 1776, 
vol. ii, p. 190, 



22 . General Conventions. 

United American States against the Hostile attempts of the British 
Fleets and Armies, until the present unhappy Controversy between the 
two Countries shall be settled. 

SIGNERS' NAMES— VIZ. 

Joseph Bowker, William Gage, Daniel Culver, 

Thomas Chittenden, Eeuben Harmon, John Burnam, 

Simeon Hathaway, John Manley, John Strong, 

Jeremiah Clark, Seth Warner, Lemuel Bradley, 

Joseph Bradley, William Marsh, 1 John Gage, 

1 Went over to the enemy after signing the above. — E. Allen Mss., p. 
240. And fled to Canada, leaving his family in Dorset. — Vt. Hist. Mag., 
vol. I, p. 184. His property was confiscated, and his return to the State 
was forbidden by the following act, which was passed Feb. 26, 1779, and 
continued in force until Nov. 8, 1780 : 

An Act to prevent the return to this State, of certain persons therein 

named, and others who have left this State or either of the United 

States, and joined the enemies thereof. 

Whereas [ here follow one hundred and eight names ] and many other 
persons, have voluntarily left this State, or some of the United States of 
America, and joined the enemies thereof, thereby not only depriving 
these States of their personal services, at a time when they ought to 
have afforded their utmost aid in defending the said States against the 
invasions of a cruel enemy, but manifesting an inimical disposition to 
said States, and a design to aid and abet the enemies thereof, in their 
wicked purposes : 

And whereas many mischiefs may accrue to this, and the United 
Slates, if such persons should again be admitted to reside in this State : 

Be it enacted, &c, that if the said, [here the names are repeated,] or 
any of the before mentioned persons, or either of them, or any other 
person or persons, though not specially named in this act, who have vol- 
untarily left this State, or either of the United States, and joined the 
enemies thereof, as aforesaid, shall, after the passing of this act, volun- 
tarily return to this State, it shall be the duty of the sheriff of the 
county, his deputy, the constable, select-men or grand jurors of the town 
where such person or persons may presume to come, and they are 
hereby respectively impowered and directed, to apprehend and carry 
such person or persons before an assistant or justice of the peace ; who 
is hereby required to call to his assistance one or more assistants or jus- 
tices of the peace, who are hereby directed to give their attendance, ac- 
cording to such requisition ; and if, upon examination into the matter, 
the said justices shall find that the person brought before them is any 
one of the before described persons, they shall order him to be whipped 
on the' naked back, not more than forty, nor less than twenty stripes ; 
which punishment shall be inflicted, and the delinquent shall be ordered 
to quit this State, immediately. 

Be it further enacted, that if any person shall continue in this State, 
one month, or shall presume to come again into this State, after such 
conviction, (without liberty first had and obtained therefor, from the 
Governor, Council, and General Assembly,) and be convicted thereof, 
before the superior court of this State, he shall be put to death. 

Be it 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, Gideon Ormsby, John Mott, 

Samuel Wright, Stephen Royce, Jonathan Rowlee, 

Samuel Benton, Amos Curtis, Jona. Fassett, 

Jesse Belknap, Ira Allen, Aaron Parsons, 

Abraham Underhill, Nehemiah Howe, Matthew Lyon, 

William Ward, Asa Johnson, William Fitch, 

James Bentle, Brown Chamberlain, Ogden Mallery, 

Thomas Morgan, Ephraim Buell, Jonas Fay, 

Heman Allen. Ebenezer Allen, Martin Powell, 

John Burnam, Jr., Benjamin Hicock, Roger Rose, 

Micah Veal, [Vail,] Isaac Lawrence, Samuel Fletcher, 

Josiah Fish. 

The above are the names of the Delegates. Thomas Braten, of Clar- 
endon, the only Dissentient. 

Besolved, That it be, and it is hereby recommended to the several in- 
habitants on the New Hampshire Grants (who are friends to the liber- 
ties of the United States of America) that they subscribe the Associa- 
tion agreed on, and signed by the several Members of this Convention, 
and return the same to the Clerk thereof as soon as may be. 

son, so offending, shall, on conviction thereof before the superior court, 
forfeit and pay the sum of five hundred pounds ; two thirds thereof to 
the use of this State, the other third to the use of him or them who 
shall prosecute the same to effect. — Ms. record of Laws, vol. 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 company were some good men whose return to 
the state ultimately would be desirable; of these Col. Marsh was one. 
He was not a Tory, and he had beeu an efficient "friend of the new state; 
but when the splendidly equipped army of Burgoyne swept along the 
western border, and a part of it was reported to be advancing on the 
military road from Mount Independence to Castleton, and on through 
the most thickly settled portion of the territory to the valley of Connec- 
ticut river, Vermont was unorganized; it had no government but a coun- 
cil of twelve men just appointed, and among them was a Judas; they 
were without a regular corps of officers to execute their orders in the 
raising of troops — without a treasury, or a dollar of money beyond what 
they had in their pockets for current expenses. Col. Marsh was there- 
fore panic-stricken. He himself hastened, with other disheartened 
Whigs and a greater number of avowed Tories, to seek refuge in Can- 
ada, and his wife, who feared no personal injury, remained to secure her 
most valuable goods as well as she could, filling her brass kettle with her 
pewter ware and silver spoons, and sinking them in a pond near her 
dwelling — so perfectly safe that she never recovered them. — Vt. Hist. 
Mag., vol. I, p. 184. Col. Marsh, however, returned, and was permitted 
to remain. His son, Johnson Marsh, represented Dorset in the General 
Assembly of 1825. The case of Daniel Marsh of Clarendon was similar. 
He, too, was included in the act of Feb. 26, 1779, but he returned and 
represented his town in the General Assembly from 1784 to 1788-9, five 
years. 



24 General Conventions. 

Besolved, Unanimously, That any person or persons inhabitants of 
the New Hampshire Grants that shall in future subscribe and return an 
Association to any the Committee or Committees of Safety for either of 
the Counties in the province of N. York, or to the provincial Congress 
thereof, otherwise than the Association contained in these Records and 
subscribed by the several Delegates of this Convention, shall be deemed 
enemies to the Common Cause of the N. Hampshire Grants. 1 

1 These were the first formal proceedings in Convention for the evident 
purpose of severing the connection of eastern Vermont with New York, 
and of uniting the eastern and western towns in a common league for 
prosecuting the war for national independence. A common league 
meant common action, and necessarily implied ultimately a supervisory 
and executive body of some sort having jurisdiction over the whole ter- 
ritory. Of course the real purpose was covered by article five of the 
warning, which was interpreted by the vote thereon, " that application 
be made to the inhabitants of said Grants [i. e., of the whole territory 
covered by New Hampshire when it granted the charters,] to form the 
same into a separate District." The editor has suggested the addition 
of the words or State, because that was the interpretation put upon this 
vote by the same Convention at the adjourned session of Sept. 25 follow- 
ing, and finally by another adjourned session, Jan. 17, 1777, when it de- 
clared u the district or territory," &c, " is hereby declared forever here- 
after to be considered as a separate, free and independent jurisdiction or 
state." By extending the proposition to the eastern towns in the form 
of an appeal to their patriotism, the Convention adopted the form most 
likely to be popular — at least most likely to attract the ardent eastern 
Whigs to the projected new state. It is to be observed also that this 
was the first Convention at which an eastern town was represented. 
Townshend is entitled to that honor, as well as to the honor of sending 
one of the ablest, bravest, and best citizens of the state in his day — Maj. 
Gen. Samuel Fletcher. The delegates of that town were of the com- 
mittee appointed to submit the proposition to the inhabitants of the east- 
ern towns. The western members of this committee worked with effect, 
for which doubtless the eastern members had in some degree prepared the 
way, the result being that ten other eastern towns were represented in the 
Convention at the adjourned sitting of Sept. 25. The Convention ad- 
journed on the 25th of July, and on the 6th of August Heman Allen, 
Jonas Fay, and William Marsh attended a joint meeting of the Commit- 
tees of Safety of Cumberland and Gloucester counties, assembled at 
Windsor. Of their work there and the results, B. H. Hall has given 
the following succinct account : 

Various papers were read by them bearing upon the subject of a sep- 
arate jurisdiction; the boundaries of a new state were described; and 
the approbation of the committees was sought to the projects of the 
Dorset convention. In support of the proposed measures Mr. Allen 
told Mr. Clay [James Clay, chairman of the Cumberland County Commit- 
tee of Safety,] that he had consulted with several members of the Conti- 



Convention at Dorset, July 24, 1776. 25 

Besolved, That nine persons be chosen as a Committee of Appeals, 
who are to hear and determine such matters as may be properly exhibit- 



nental Congress who had recommended to him and his coadjutors to 
ascertain the feelings of the people concerning the formation of a new 
state. He also reminded him, that if the inhabitants of the " Grants" 
should accede to the form of government which would soon be adopted 
for the state of New York, they would have no opportunity to withdraw 
their support therefrom at a future day- 

For the purpose of ascertaining the views of those residing east of the 
Green mountains, upon the measures suggested by the committee from 
the Dorset convention, the people in each town were invited to assemble 
in town-meeting and express their opinion as to the course which they 
should deem it best to pursue. In Rockingham, on the 2Gth of August, 
the inhabitants voted u to associate with the inhabitants of that district 
of land commonly called and known by the name of the New Hampshire 
Grants." They also chose two delegates to attend the convention to be 
held at Dorset in the fall, and instructed them u to use their best influ- 
ence " to obtain the passage of such resolves as would tend to establish 
the " Grants " as a separate and independent state. At " the fullest 
meeting ever known in Chester," held on the 2d of September, similar 
measures were adopted, and the association, which had been formed at 
the Dorset convention, was signed by forty-two of the inhabitants.* A 
like spirit pervaded many of the other towns in the two counties. In 
some, however, there were two parties, and in a few, as in Halifax, where 
the inhabitants voted not to send a delegate " to meet the Green Moun- 
tain Boys," no disposition was shown to throw off the jurisdiction of 
New York. 

At the adjourned convention, which was held at Dorset on the 25th of 
September, representatives were present from both sides of the moun- 
tains. Loyalty to American principles, as embodied in the Revolution, 
animated the discussion^ which took place, and gave character to the 
measures which were proposed. Yet, while declaring their determina- 
tion to support the general government of the United States, the mem- 
bers resolved that lk no law or laws, direction or directions " from the 
state of New York would be accepted by them, or be regarded by them, 
as of the least weight or authority. The little leaven of dissatisfaction 
had worked its effect in silence, and the whole lump was fast becoming 
assimilated. 

And again : 

Before the resolutions of the [New York] Convention concerning Cum- 
berland county had passed, [in October,] James Clay, by the advice of Col. 
Williams, one of the former deputies, had issued circular letters contain- 
ing a request that the people of each town would assemble and make 
known their intentions relative to the course they should pursue on the 
question of state jurisdiction, in order that their proceedings might be laid 
before the county committee of safety at the next meeting. Written 
returns were received from a few towns; verbal messages from others; 
but the majority did not deem it practicable to offer a reply. The 
greater part of the inhabitants of Hartford favored a separation from 
New York, but desired that an application to that effect should be made 
in the state Convention before the subject was brought before the Con- 

* Chester was not represented in General Convention until October 
30, 1776. 



26 



General Conventions. 



ed to them (in writing) by any of the inhabitants of the New Hampshire 
Grants relative to the cause of American Liberty, by way of proper ap- 
peal from the judgment of either of the Committees of Safety on said 
Grants, any five of which Committee to be a Quorum. 

Besolved, That Doctor Jonas Fay, Col. Timothy Brownson, Col. 
William Marsh, Capt, Joseph Bowker, Capt. Joseph Woodward, Capt. 
Micah Veal, [Vail,] Col. Thomas Chittenden, Major Stephen Royce, and 
Capt. Abraham Underhill, be and are hereby unanimously appointed a 
Committee for the above purpose. 

Lastly Resolved, To adjourn this Convention, and to meet at this 
place on Wednesday, the 25th day of September next at 8 o'clock in the 
Morning. 

Joseph Bowker, Chairman. 

Attest, Jonas Fay, Clerk. 



ADJOURNED SESSION AT DORSET, SEPT. 25, 1776. 



[From the mannsci-ipt copy of the Hon. Jame* H. Phelps, as published in the Vermont His- 
torical Society Collections, Vol. I. j 



NEW HAMPSHIRE GRANTS, ) At a General Convention of 

Cephas Kent's, Dorset, 25th Sept. 1776. } the Several Delegates from 
the Towns on the West side the range of Green Mountains the 24th day 
of July last, consisting of fifty-one Members, representing thirty-five 
towns, and held this day by adjournment by the representatives on the 
West and East side the said range of Green Mountains ; the following 
members being present at the opening of the Meeting, viz. : 
Captain Joseph Bowker in the Chair. 
Doct. Jonas Fay, Clerk. 
[West Side.] 
< Capt, Sam'l Wright, 



Pownal, | Do * ct 0badiah Dunham. 

f Mr. Simeon Hathaway, 
| Doct. Jonas Fay, 
Benniny- \ Capt. John Burnham, 
ton, 1 Nathan Clark, Esq., 
J Maj'r Sam'l Salford, 
l^CoP Moses Robinson. 
Shafts- j Major Jeremiah Clark, 

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



Man- 
chester, 

Dorset, 

Rupert, 
Pollet, 



( Lieut. Martin Powell, 
< Lieut. Gideon Ormsby. 
(Col Wm. Marsh. 

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

Mr. Reuben Harmon, 
Mr. Amos Curtis. 



< Capt, Wm. Fitch, 
( Major Roger Rose. 

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



cinental 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, 27ti. 



Adjourned Session at Dorset, Sept. 25, 17 T6. 



27 



Stamford, 

Williston, 

Colchester, 

Middle- 
bury, 

Burling 

ton, 

Nesho- ~) 

bee, [or i- 

Brand'n] ) 

Butland, 

W ailing- 
ford, 



Thomas Morgan. 

Col Thomas Chittenden. 

Lieut. Ira Allen. 

Mr. Gamaliel Painter. 
Mr. Lemuel Bradley. 

Capt. Timothy Barker, 
Mr. Thomas Tuttle. 

Capt. Joseph Bowker, 
Col James Mead. 

Mr. Abraham Ives. 



Tin- ( Capt. Ebenezer Allen, 
mouth, ( Major Thomas Rice. 

Danbv * Ca P t Micah Veal,[Vail,] 
uanby, -. Mr wmiam Gage> 

Panton, John Gale. 
Bromley ) 

[or )- Capt. Wm. Utley. 
Peru,] ) 

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

WelU j Ogden Mallery, 
yveUs ' I Zacheus Mallery. 
Poult- S Mr. Nehemiah How, 
ney, \ Mr. Wm. Ward. 
Castleton, Capt. Joseph Woodward. 



Members from East side of Green Mountains. 



Capt. Francis Whitmore. 



Marl- 
borough, 

Guil- ( Col. Benjamin Carpenter, 
ford, { Major John Shepardson. 

Windsor, Mr. Ebenezer Hoisington. 

Kent, "1 
[or [Edward Aiken, 
London- j CoP James Rogers. 1 
derry.] J 

Book- 
ing ham, 



■A 



Doct. Reuben Jones. 



Dum- 

merston, 

West- 



( Mr. Joseph Hildreth, 
^ Lieut. Leonard Spauldii 

1 



Mr. Joshua Webb, 



minster, \ Nath n Robinson, Esq. 
Halifax, Col. Benjamin Carpenter. 

Wil- 1 
mington, . By ft letter frQm g , d tQWn> 

Draper,] J 

c St"} B ^ Letter - 



1 James Rogers came from Londonderry, N. H., to Vermont. About 
1770, with S. Thompson and James Patterson, he commenced the settle- 
ment of Londonderry, Vt., which had been granted by Xew York to 
Rogers, Feb. 13, 1770, under the name of " Kent." He was commis- 
sioned by New York as assistaut justice of inferior court of common 
pleas and as justice of the peace in 1766, and again in 1772. In 1775 he 
was counted a Whig, and at a Convention of twelve towns in Cumber- 
land county, held Feb. 7, of that year, was appointed one of a commit- 
tee of correspondence for twenty-one towns. On the 31st of May, 1775, 
New York tendered to him a commission as brigadier-general of the 
militia of Cumberland, Gloucester, and Charlotte counties, which he 
refused " upon political principles." The Committee of Safety of Cum- 
mberland county nominated him for the same office in the same year, 
doubtless without accurate information as to his politics. In Sept. 1776 
he was a delegate in the Dorset Convention, and seems to have voted 
in favor of separating from New York. Afterward, probably on Bur- 
goyne's invasion, Rogers joined "the king's troops," and Oct. 3, 1777, the 
Council of Safety assumed the control of his property, which was con- 
fiscated in 1778. In 1795 and 1797 James Rogers, Jr., petitioned the 



28 General Conventions. 

The foregoing members being organized proceeded to business. 

1 st - Voted, That the records and proceedings of this Convention held 
at this place, from the 16 tb of January, 1776 to this time, be read to give 
light to those Gentlemen Delegates from the East side of the Green 
Mountains in particular and the whole in general. 

2 d - Voted, That the words " That has been heretofore subscribed and 
returned or that " included in a vote at the last sitting of this Conven- 
tion be erased, which is accordingly done. 1 

3 d - Voted, To adjourn till 8 o'clock to-morrow morning at this place. 

Thursday, 8 o'clock in the Morning. 

Meeting opened at time and place. 

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

5th. Voted, That no member of this Convention be permitted to 
speak more than three times to one case (at one sitting) without leave 
of the Board. 

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

7th. Voted, To take the following vote passed in July 24th, 1776, into 
consideration (viz.) ''Proceeded to the consideration of the fifth article 
of the Warrant, and voted that suitable application be made to form that 
District of Land, commonly called and known by the name of the New- 
Hampshire Grants, into a separate District;" passed in the affirmative — 
not one dissenting vote. 

8 th - Voted, That Col Wm. Marsh, Dr. Jonas Fay, Doct, Reuben 
Jones, Capt. Ira Allen, Col° 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. 

9«i. Voted, To adjourn this meeting till half past 1 o'clock in the 
afternoon, at this place. 

Meeting opened at time and place. 

BEPOBT (as opinion) OF A SUB-COMMITTEE. 

A Covenant or Compact ought to be entered into by the Members of 
this Convention for themselves and their Constituents, to be governed 
and regulated by such rules as may be agreed on by the majority, (viz.): 

To regulate the Militia; To furnish troops according to our ability, 
for the defence of the Liberties of the United States of America. 

To return the numbers of the inhabitants on this District to the Con- 
tinental Congress, and at all times to be governed by their Councils. 



General Assembly for a restoration of the property of his father, and all 
that had not then been sold was restored to him. — Thompsons Ver- 
mont, part in, p. 103; Eastern Vermont, pp. 206, 244, 250, 764, 765, 770. 

1 This probably refers to the resolution of Jan. 17, recommending the 
inhabitants in the New Hampshire Grants to sign the " Association " or 
pledge to defend the United American States, which had been signed by 
members of the Convention. The amendment, made by the above vote, 
seems to have been made in the record of the original resolution. 



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

A number of men to be elected to wait on the Hon ble Continental 
Congress with such Petitions as shall be agreed on by this Convention. 

To make suitable provisions that the whole of the inhabitants on S d 
N. Hampshire Grants on each side of the Green Mountains be notified 
and have proper opportunity to join and coincide with the measures 
taken and to be hereafter taken for the benefit of forming S d district into 
a separate State. 

As the troublesome and aged contlict existing between the State of 
New York and that District of Land commonly called and known by the 
name of the New-Hampshire Grants relative to the title of lands on S d 
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 d State of N. York will not 
in future be accepted neither shall we hold ourselves bound by them. 

Some measures to be entered into for the better securing the Tories 
in S d District. 

That the Militia officers on each side the Mountains continue in their 
stations and after executing the orders to them heretofore received from 
the State of New York, to be under the direction of this Convention. 

The foregoing propositions are humbly submitted to the Members of 
the General Convention now assembled at Dorset. 

pr. Benj'a Carpenter, Chairman Committee. 

10th. Voted, To accept the above report of the Sub Committee. 1 
Hth. Voted, To adjourn this meeting until half past one o'clock in 
the afternoon at this place. 

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

Meeting opened. 

12th. Voted, That a Covenant or Compact be made and subscribed by 
the Members of this Convention for themselves and Constituents for the 
security of their Common Liberties and Properties in conjunction with 
the Free and Independent States of America. 

13* h - Voted, That Doct, Jonas Fay, Col u Moses Robinson, Col Wm. 
Marsh, Mr. Ebenezer Hoisington, Doct. Reuben Jones, Col" Thomas 
Chittenden, and Doct. Obadiah Dunham be and area Committee to form 
the said Covenant or Compact and report to the Convention as soon as 
may be. 

14th. Voted, To adjourn this meeting until 8 o'clock to morrow 
morning. 

Friday, 27th September, 1776. 
Opened the meeting at time and place. 

15t h — THE COVENANT OR COMPACT. 

At a General Convention consisting of fifty-six Delegates on the New- 
Hampshire Grants, on the east and west side of the range of Green 
Mountains, representing thirty-six towns on said Grants, held at Dorset 
the 25th day of September, 1770, by adjournment. 

Whereas, this Convention have for a series of years had under their 
particular considerations the disingenuous conduct of the former Colony 
(now the State ot) New-York toward the inhabitants of that District of 

1 This deserves the title o£ the first constitution of Vermont, and the 
compliment of being the briefest ever adopted for so large a community. 



30 General Conventions. 

Land commonly called and known by the name of the New-Hampshire 
Grants, and the several illegal, unjustifiable and unreasonable measures 
they have taken to deprive, by fraud, violence and oppression, those in- 
habitants of their property, and in particular their Landed interest; 
and as this Convention has reason to expect a continuance of the same 
kind of disingenuity, unless some measures effectually be taken to 
form the S d District into a separate and distinct one from New York ; 
and whereas it at present appears to this Convention that, for the fore- 
going reasons, together with the distance of road which lies between 
this District and New York, it will be very inconvenient for those 
inhabitants to associate or connect with them, for the time being, direct- 
ly or indirectly : 

Therefore, this Convention being fully convinced that it is necessary 
that every individual in the United States of America should exert them- 
selves to their utmost abilities in the defence of the liberties thereof, and 
that this Convention may the better satisfy the Public of their punctual 
attachment to the S d common cause, at present as well as heretofore, 
we do make and subscribe the following Covenant, viz : 

We the subscribers inhabitants of that district of Lands commonly 
called and known by the name of the New-Hampshire Grants, being 
legally delegated and authorized to transact the public and political af- 
fairs of the aforesaid District of Lands, for ourselves and Constituents, 
do solemnly covenant and engage that, for the time being, we will strict- 
ly and religiously adhere to the several resolves of this or a future Conven- 
tion Constituted on S d district by the free voice of the Friends to Ameri- 
can Liberties, that shall not be repugnant to the resolves of the hon Dle 
Continental Congress relative to the General Cause of America. 

16 th - Voted, That Col° Jacob Bailey, Capt. Abner Seeley, and Colo 
Jacob Kent, 1 be a Joint Committee to exhibit the proceedings of this 
meeting to the inhabitants of the County of Gloucester, and request them 
to sign the Association left with them, at their County Convention held 

1 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 Yermont legisla- 
ture, March 12, 1778. Gen. Bayley was a commissioner to administer 
oaths of office, judge of inferior court of common pleas, and justice of 
the peace ; he was elected deputy for the session of the N. Y. Provincial 
Congress which commenced May 23, 1775, but did not take his seat ; and 
appointed brigadier general of the militia of Cumberland and Glouces- 
ter counties, Aug. 1, 1776. He continued nominally under the jurisdic- 
tion of New York until June 14, 1777, when he addressed a letter to the 
New York Council of Safety, of which the following is an extract : 

Gentlemen : I acknowledge the receipt of an ordinance from you 
for the election of governor, lieutenant governor and senators and rep- 
resentatives for the state of New York, by the hand of Mr. Wallace. 
The sheriff and committee [ of safety ] gaVe the proper orders, but I am 
apt to think our people will not choose any members to sit in the state 



Adjourned Sessiorfat Dorset, Sept. 25, 1776. 31 

at Thetford the 13th day of August ultimo, and return the same by their 
delegate or Delegates chosen or to be chosen hereafter, to meet and join 
this Convention at their next sitting. 1 

17 th - Voted, That it be and is hereby recommended to the several 
Chairmen of the several Committees of the several Towns on the west 
side of the Green Mountains on the N. Hampshire Grants, faithfully 
to see to it that the Association made at the last sitting of this Convention 
be forthwith signed by every individual male inhabitant of each Town, 
from 16 years old and upwards, and that for the future each person sub- 
scribe his own name or mark ; and that the Association thus signed be 
returned to Doct 1 ' 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. 

18 th - Voted, to adjourn this meeting one hour at this place. 

Friday, 2 o'clock. 

The Meeting opened at time and place. 

19 th - 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 the Association 
(form d by this Convention) signed and collected [returned] to the Clerk 
of this Convention. 

20 th - Voted, That Doct 1 ' 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 New 
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, 1778, he was elected Councillor. In 
September, 1777, the General was at Castleton on military service, and 
affixed to his name the initials of his title, " B. D. G.," which stands, it 
is presumed, for Brigadier General. If so, he continued very wisely to 
execute his duties as a New York officer, although he had been assigned 
to fill another important station for Vermont. — See Eastern Vermont, 
pp. 768-770 ; Early History, p. 249 ; Vt. Hist. Mag., Vol. II., p. 936. 

Abner Seeley was commissioned by New York as Captain in Maj. 
Hoisington's battalion of Rangers, Oct. 23, 1776, and he resigned Dec. 
22 following. Feb. 10, 1778, the Vermont Council of Safety appointed 
him Captain in Col. Samuel Herrick's regiment, which was intended for 
an expedition to Canada under Gen. Lafayette. — See Eastern Vermont, 
p. 772 ; Proceedings of Cumberland and Gloucester Committees of Safety, 
Aug. 6, 1776 : and of Vermont Council of Safety, Feb. 10 and 17, 1778. 

1 The purpose of the Convention at Thetford was to nominate the 
Gloucester quota of officers for the battalion of two hundred and fifty 
Rangers, authorized by New York, to be commanded by Maj. Joab Hois- 
ington. Probably members of the Committee of the Dorset Convention 
were present on their business. 



82 General Conventions. 

REPORT OF THE ABOVE SUB-COMMITTEE. 

The grounds of this Petition and Remonstrance, to be exhibited to the 
Grand Council of America, by the Convention, to contain the following, 
viz : 

The several measures taken by the Colony or State of New York here- 
tofore to monopolize the Landed interest of the inhabitants on the Grants 
to themselves : Circumstances in particular of the conduct of N. York 
on each side the Mountains to be particularly considered. 

Distance from the Metropolis of any State, &c. 

Persons tD be appointed for making the Draught ; a Committee to be 
appointed for examining the Draught, with authority from this Conven- 
tion to pass the same in the name of the whole of this Convention. 

Persons to be appointed to exhibit the same properly delegated to the 
Hon h,e Board at the Continental Congress. 

The above submitted to the consideration of the hon ble Convention, 
pr. William Marsh, Chairman Committee. 

2ist. Voted, That the above report of the Sub-Committee be accepted. 

22 d - Voted, That Doct. Jonas Fay write an answer to Mr. John 
Wheelock. 1 

23 d - Voted, That the Committee of Safety for the several towns on 
the District of the N. Hampshire Grants, be and are invested with the 
same authority as other Committees of Safety for other Towns in any of 
the Free States of America. 

24th. Voted, That a sufficient Goal be built on the west side of the 
range of Green Mountains, at some place, that shall be hereafter agreed 
on, for securing Tories. 

25 th - Voted, That Nathan Clark, Esqr., Capt. Micah Veal, [Vail,] 
Lieut. Samuel Benton, Major Jeremiah Clark and Col. James Mead be a 
Committee to assign a place to erect a Goal as above, and provide some 
way to effect the same as soon as may be, and report to this Conven- 
tion. 

REPORT (as the opinion) OF THE ABOVE SUB- 
COMMITTEE. 

It is hereby recommended to this Convention that a Goal be erected 
in the Township of Manchester ; twenty foot by thirty inside ; S d Goal 
to be built with Logs and Earth ; S d Goal to be erected a few rods east 
of the now dwelling-house of Lieut. Martin Powell in S d Town, for the 
confinement of Tories, and other offenders that may be adjudged to be 
confined : S d Goal to be built of a double wall of Logs, not less than 
twelve inches through, laid eighteen inches distance between S d walls, 
the vacancy to be filled up with earth about 7 feet high, and then floored 
with Logs double, a good roof, and a strong wooden door, &c, &c. 

And that some suitable person or persons be appointed to see the per- 
formance of the above strong hold ; and to be retaliated [compensated] 
therefor by this Convention, or as they in their great wisdom shall order. 
By order of Committee, Nathan Clark, Chairman. 

*Afew months later, " Maj. John Wheelock-' was in the service of 
New York, distributing through eastern Vermont the resolutions of Con- 
gress of June 30, 1777, that the claim of Vermont to independence 
"could derive no countenance or justification from anj r act or resolu- 
tion " of that body — for example, the resolution cited by Dr. Young. — 
See Eastern Vermont, p. 299. 



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

26th. Voted, To accept the above report. 

27th. Voted, That Lieut. Martin Powell, Mr. Gideon Ormsby, and 
Mr. Thomas Bull be a Committee to build a Gaol as above proposed. 

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

29th. Voted, That Mr. Simeon Hathaway, Dr. Jonas Fay, Nathan 
Clark, Esq., Lieut. Joseph Bradley, Lieut. Martin Powell, Mr. Cephas 
Kent, Capt. Joseph Bowker, Capt. Joseph Woodward and Nehemiah 
How be a committee of War. 1 

30th. Voted, That the several Colonels en the west side of the range 
of Green Mountains issue their orders immediately to their several 
Captains under them to muster their companies, and to take the number 
of men gone in the service, and what service, and how many at home, 
and their arms, accoutrements and ammunition, and the Colonels to 
make their return to the Committee of War, and the Committee of War 
to this Convention. 

31st. Voted, That the several Colonels give special orders to the Cap- 
tains under them to raise their quotas of men to fill up the six compa- 
nies of Rangers. 

32 d - Voted, That Nathan Clark, Esq , Doct. Obadiah Dunham and 
Mr. John Burnam be a Committee to affix tines on all delinquents in the 
Militia and make return to this Convention as soon as may be. 

1 This is the first record of a Board of War in Western Vermont. 
The specific powers of this Board will be found in the report and thirty- 
fourth vote of the same day. The thirtieth vote shows that " several 
Colonels " and other officers had previously been appointed and the com- 
panies raised, and also that some were then in the service. This work 
had been done doubtless by the Committees of Safety. Warner had raised 
one regiment in 1775. under the approval of New York ; in January, 
1776, he raised another, which served through the Canada campaign; 
and under the resolution of Congress of July 5, 1776, (by which Warner 
was made Colonel and Samuel Saftord Lieutenant Colonel,) he raised 
what is known as "Warner's Continental regiment." — See Early His- 
tory, p. 221. 

In Oct., 1776, three regiments from western Vermont joined Gates at 
Ticonderoga. — See Early History, pp. 217-223. Eastern Vermont fur- 
nished about the same number of militia. Nov. 21, 1775, there were 
two regiments of militia and one of minute men in Gloucester, Cumber- 
land, and Charlotte counties, and in August, 1776, a battalion of two 
hundred and fifty rangers was organized — all under New York, in which 
state Charlotte county mainly was. Eastern Vermont also contributed to 
Warner's regiment in 1775, and to Bedell's of New Hampshire. — See 
Eastern Vermont, pp. 770-773. John Trumbull wrote that in October, 
1776, when Gen. Gates was at Ticonderoga, " the whole number of our 
troops under arms on that day, ( principally, however, militia,) exceeded 
thirteen thousand." Of these Vermont contributed probably about 
three thousand. — See Col. J. Trumbull's Reminiscences of his own Times, 
p. 36. 



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 33 dollars. 

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, l£ do. 

Drum and Eife, 1^ do. 

Private, 1 do. 

If a soldier drafted in any particular service and absconding, shall be 
subject to pay a fine of twenty-five dollars, and an officer in proportion 
as above. 

That the Committee of War have full power to hear any complaint 
against any Field officer for neglect of their duty and to proceed against 
them or either of them, to collect by warrant or execution from under 
their hands such fine or fines as is appointed by this Convention; in like 
manner the Field officers to try all the commissioned officers in their 
respective regiments for the time being, directed to some suitable per- 
son to collect the same ; and in like manner two commissioned officers 
of each company to try all non-commissioned officers and privates ; to 
award in the manner aforesaid ; said fines to be used or applied to fur- 
nish those men in said companies that are not able to furnish themselves 
with arms and ammunition and accoutrements as required ; and that 
each non-commissioned officer and private provide himself with a suita- 
ble gun and one pound of powder, four pounds of bullets fit for his gun, 
six flints, powder horn, cartouch box or bullet pouch, a sword, bayonet 
or tomahawk ; and for want of a gun f 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, 

Nathan Clark, Chairman. 

33 d - Voted, To accept of the above report. 

34th. Voted, That the Committee of War be and are empowered to 
issue their warrants in the name and by the authority of this Conven- 
tion, to the several Field officers of the Militia on the district of N. 
Hampshire Grants, 1 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 d Committee of War to be for the 

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



Adjourned Session at Dor 'set , Sept. 25, 1776. 35 

immediate safety of the Grants, requesting the assistance of the Militia, 
and march immediately to the relief of such part of the Continent as 
they may be required to. And in case any person legally notified justly 
belonging to any or either the Companies of the Militia on s<* Dis- 
trict shall refuse on such notifications to attend and perform the duty 
enjoined on him or them by the officers of the Regiment to which he or 
they do or may belong, that they be fined unless sufficient excuse be 
rendered to the Committee of War. 

35th. Voted, That Doct. Reuben Jones and Lieut. Leonard Spauld- 
ing wait and take the proceedings of this Convention and deliver to 
their Constituents. 

36«»- Voted, That Doct. Jonas Fay, Capt. Samuel Wright, Major Jer- 
emiah Clark, Col° Timothy Brownson, Col° William Marsh, Capt. Jo- 
seph Bowker, Col Thomas Chittenden, Capt. Heman Allen, Capt. Will- 
iam Fitch, Capt. Micah Veal, [Vail,] Lieut. Samuel Benton, and Capt. 
Ira Allen, be a Committee to attend this Convention at its next sitting. 1 
And it is recommended for each Town to send one more Delegate. 

37 th - Voted, That Doct. Jonas Fay, Col° William Marsh and Doct. 
Reuben Jones be a Committee to draw a Petition to send to the Hon ble 
Continental Congress ; and report to a Committee to be appointed to 
examine the same. 

38 th - Voted, That Nathan Clark, Esq., Col. Seth Warner, Captain 
Heman Allen be a Committee to examine the aforesaid Petition. 

39th. Voted, To adjourn to 8 o'clock to-morrow morning at this place. 

Saturday Morning 8 o'clock, Sept. 28th, 1776. 

The Meeting opened at time and place. 

40th. Voted, To refer the examination of the Petition to the Conti- 
nental Congress till our next meeting ; then to fill up the Committee for 
that purpose. 

41st. Voted, That four men be appointed as delegates to go to the 
Continental Congress with a Petition or such directions as this Conven- 
tion shall give them. 

42 d - Voted, That Doct. Jonas Fay, Col° Thomas Chittenden, in con- 
junction with two more to be appointed, be a Committee for that pur- 
pose. 

43<i- Voted, That Col° Seth Warner, Capt. Heman Allen, Capt. Gid- 
eon Brownson, Mr. Ebenezer Hoisington, Capt. Abner Seeley, and 
Doct. Jonas Fay be a Committee to prepare a Citation to send to the 
State of New-York to know if they have any objection against our 
being a Separate State from them : and make report as soon as may be. 2 

44th, Voted, That as it appears that the Town of Arlington are prin- 
cipally Tories, yet the Friends of Liberty are ordered to warn a Meeting 
and choose a Committee of Safety and conduct as other Towns ; if they 
meet with opposition to make application to the Committees of Safety 
of the neighboring Towns for assistance. 

x The number is twelve, and its office was advisory, and to prepare bu- 
siness. It was the initiation of the body styled in the Constitution the 
" Council." It will be observed that, in the report of the committee 
at the next session, the body of delegates elected was styled " the 
House." 

2 See similar vote of Oct. 30, 1776. 



36 



General Conventions. 



45 th ' Voted, That no person be admitted to act in choosing Commit- 
tees of Safety but those that sign the Association from this Convention 
and acknowledge the authority of the Committees of Safety. 

46th. Voted, Col° Benj a Carpenter of Guilford do notify Guilford, 
Hinsdale and Halifax. Capt. Francis Whitmore of Marlborough notify 
Draper, Cumberland, Marlborough and Brattleborough. Lieut. Leonard 
Spaulding of Dummerston and Capt. Samuel Fletcher notify Towns- 
hend, Putney, New-Fane and Dummerston. Mr. Ebenezer Hoisington 
of Windsor notify Windsor. Hertford, Woodstock, Hartford and Pomfret. 
Nath 1 Robinson, Esq., of Westminster, notify Westminster and Weath* 
ersfield. Doct. Reuben Jones of Rockingham notify Rockingham and 
Springfield. Mr. Edward Aiken of Kent notify Kent and Chester. 1 

47th. Voted to adjourn this Convention to Wednesday, the 30 th Oct r 
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. 



[From the manuscript copy of the Hon. James H. Phelps, published in Vt. Hist. Soc. Col- 
lections, Vol. I.] 



NEW HAMPSHIRE GRANTS, ) Convention 

Westminster Court House, October 30th, 1776. f opened accord- 
ing to adjournment. 



present the following members. 

Doctr. Reuben Jones. 



Benning- > Kathan Clark Esq> 
ton, ) ' ^ 

Pf ~ X Colo. Win. Marsh. 
Chester, \ 

Pollet, Capt. Wm. Fitch. 

Butland, Capt. Joseph Bowker. 

Colchester, Capt. Ira Allen. 

b^^'h \ Capt Francis Whitmore. 

Windsor, Mr. Ebenezer Hoisington. 

Kent, "1 

r [<5 i^Mr. Edward Aiken. 
London- \ 

derry,~\ J 



Eocking- 
ham, 

Bum- ( Lieut. Leonard Spalding, 
merston, ( Mr. Joseph Hildreth. 

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

[or \- Capt. William Utley. 

Peru.~] 

Towns- 

hend, 

Putney, 

Chester, 



Capt. Sam'l Fletcher. 

Dennis Lockland. 
Col° Thomas Chandler. 



1 On the preceding day provision had been made for notifying Glouces- 
ter county. This provided for notice to the towns in Cumberland county. 



Adjourned Session at Westminster, Oct, 30, 1776. 37 

1 st - Voted, Capt. Ira Allen, Clerk. 

2 d - Voted, That Nathaniel Robinson, Esq., Mr. Solomon Phelps, and 
Col° William Marsh be a Committee to go to the Clerk of the County 
Committee of Safety for this county and get the records of s d Commit- 
tee concerning sending Delegates to the Convention of the State of 
New York. 

3 d - Voted, That Mr. Ebenezer Hoisington, Mr. Joshua Webb, Capt. Ira- 
Allen, Capt. William Fitch and Doct. Reuben Jones be a Committee to 
draw a plan for further proceedings of this Convention ; and make a re- 
port as soon as may be. 

4 th - Voted, To adjourn this Convention till 8 o'clock to morrow morn- 
ing, to be held at this place. 

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

Meeting opened according to adjournment. 

6 th - Voted, That Doct r Reuben Jones and Col° William Marsh be a 
Committee to invite Capt. Clay and Doct r Day to sit with this Conven- 
tion as spectators. 1 

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

Friday Morning, 8 o'clock. 

Meeting opened according to adjournment. 

REPORT OF THE COMMITTEE OF PROCEEDINGS. 

It is the opinion of this Committee that, by the reasons of the incur- 
sions of the Enemy, 2 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, therefore, to proceed to complete the Petition to the 
Hon ble the Grand Council of the United States of America, or to fill up 
the Committee for the purpose of delivering S d Petition. 

That an answer be made to a Pamphlet dated the 2d October, 1776, 
and sent from the Hon ble the Provincial Congress of the State of New- 
York to the County of Cumberland, and with S d answer a Pamphlet set- 
ting forth the advantages that would arise to the people at large on the 
district of the New-Hampshire Grants, by forming into a separate State, 
be wrote, printed and communicated to the inhabitants as soon as may 
be. 3 



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

2 Referring to the destruction by the British of the American naval 
force on Lake Champlain, and the then expected attack on Ticonderoga 
by Gen. Carle ton. Hiland Hall suggests that the alarm prevailing 
on account of that invasion prevented this Convention from declaring a 
separation from New York. — Vt. Hist. Soc. Collections, vol. I, p. 34, 

8 See Appendix J3, 



38 General Conventions. 

That a Manifesto be put in the public newspapers setting forth the 
reasons, in easy terms, why we choose not to connect with New-York. * 
The aforesaid report is humbly presented to the House by 
Order of the Committee. 

Wm. Pitch, Chairman, 

8th. Voted, To accept the above report. 

Qdi. Voted, That a petition be drawn to send to the Hon ble Provincial 
Congress of the State of New- York, requesting their approbation for the 
district of the New-Hampshire Grants to form themselves into a State 
separate from N. York. 

10 th - Voted, That Colo William Marsh, Capt Ira Allen and Mr. Solo- 
mon Phelps be a Committee to make the above writings. 2 

11 th - Voted, That Major Abijah Lovejoy, Col° Wm. Marsh, Capt. 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. 

12th. Voted, That it be and it is hereby recommended to each Member 
of this Convention to assist the above Committee as much as in them 
lies. 

13 th - Voted, That Doct. Jonas Fay be added to the Committee to make 
the above Petition. 

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

15 th - Voted, To adjourn this Convention to the third Wednesday of 
January next at 10 o'clock in the Morning, to be held at this place. 

Joseph Bowker, Chairman. 

Attest, Ira Allen, Clerk. 

A true copy from the original. 



ADJOURNED SESSION AT WESTMINSTER, 
JANUARY 15, 1777. 

[The following journal, which ends with the words "11th. Voted, N. C. D., to accept the above re- 
port," is found in Slide's State Papers, page 68 to 70. The residue of the journal is from 
the manuscript of the Hon. James H. Phelps, as published in Vermont Historical Society 
Collections. Vol. I.] 

N. HAMPSHIRE GRANTS, > Convention opened 

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

Capt. Joseph Bowker in the Chair. 
1 st - Voted, Doct. Reuben Jones, Clerk, P. Tempore. 

1 See Appendix C. 

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



Adjourned Session at Westminster, Jan. 15, 1777. 



39 



Benning- j Capt 



(Nathan Clark, Esq., 
i Capt. John Burnham, 
ton ' ( Mr. Nathan Clark, Jun. 

^°f " \ Lieut. Martin Powell. 

CfieSier, ( 

Castleton, Capt John Hall. 

Williston, Col. Thomas Chittenden. 

Colchester, Capt. Ira Allen. 

D , 7 -, ( Capt. Joseph Bowker, 

*«{ Ca jkHem P au Allen. ^^ 

Bummer ston, Lt, Leonard Spaulding.! 

Putney, Lt. Dennis Lockland. \Pomfret \ 
West- ( Nathan'l Robinson, Esq., | ^ ' / 
minster, \ Mr. Joshua Webb. \Barnard, 

\Royalton, 

2 d - Fbied, To adjourn this convention to 
morning at this place. 



Towns- j 
hend, \ 
Chester, 
Rocking- 
ham, 
Windsor, 
Hartford 
Wood- 
stock, 



Capt. Saml. Fletcher. 
Col. Thomas Chandler. 
Dr. Reuben Jones, 
Lieut. Moses Wright. 
Mr. Eben. Hosington. 1 
Mr. Stephen Tilden. 

Mr. Benjamin Emmons. 

Maj. Thomas Moredock, 

Mr. Jacob Burton. 

By a letter from said town 

voting for a new state. 
By ditto and ditto. 
By ditto and ditto, 
eight o'clock to morrow 



Thursday, eight o'clock. 

Convention opened according to adjournment. 

Major Joseph Williams and lieutenant Nathaniel Seeley from Pownal 
took their seats. 

3 d - Voted, That Dr. Reuben Jones be an assistant clerk to Capt Ira 
Allen, he at this time being present. 

4 th - Voted, That Lieut. Leonard Spaulding, Mr. Ebenezer Hosington l 
and Major Thomas Moredock be a committee to examine into the num- 
bers that have voted for the district of the New Hampshire Grants to be 
a separate state from New York, and how many are known to be against, 
it, and make report to this convention as soon as may be. 



REPORT OF SAID COMMITTEE. 

" 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, 1 Chairman." 

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

Convention opened at time and place. 

6 th - Voted, JST. C. X>., That the district of land commonly called and 
known by the name of New-Hampshire Grants, be a new and separate 
state ; and for the future conduct themselves as such. 

7 th - Voted, That Nathan Clark, Esq., Mr. Ebenezer Hosington, 1 Capt. 
John Burnham, Mr. Jacob Burton, and Col. Thomas Chittenden, be a 
committee to prepare a draught for a declaration, for a new and sepa- 
rate state ; and report to this convention as soon as may be. 

8tn. Voted, That Capt. Ira Allen, Col. Thomas Chandler, Doctor Reu- 
ben Jones, Mr. Stephen Tilden, and Mr. Nathan Clark, jun., be a com- 

1 This name is given as in the copy. The true name is Hoisington, of 
which name there were two persons at this period, Ebenezer and Major 
Joab. 



40 General Conventions. 

mittee to draw a plan for further proceedings ; and report to this conven- 
tion as soon as may be. 

9th. Voted, to adjourn this meeting to eight o'clock to-morrow morn- 
ing at this place. 

Friday morning, convention opened according to adjournment. The 
committee appointed to bring in a draught of a declaration, setting forth 
the right the inhabitants of that district of land, commonly called and 
known by the name of the New Hampshire Grants, have, to form them- 
selves into a state or independent government, do make the following re- 
port to the honorable convention convened at Westminster, January 
15th, A. D. 1777, viz. 

To the hon hle convention of representatives from the several towns on the 

west and east side of the range of Green Mountains, within the New 

Hampshire Grants, in convention assembled : 

Your committee, to whom was referred the form of a declaration set- 
ting forth the right the inhabitants of said New Hampshire Grants have, 
to form themselves into a separate and independent state, or govern- 
ment, beg leave to report viz. : 

Eight 1. That whenever protection is withheld, no allegiance is due, 
or can of right be demanded. 

2 d - That whenever the lives and properties of a part of a community 
have been manifestly aimed at by either the legislative or executive au- 
thority of such community, necessity requires a separation. Your com- 
mittee are of opinion that the foregoing has, for many years past, been 
the conduct of the monopolizing land traders of the colony of NewYork; 
and that they have been not only countenanced, but encouraged, by both 
the legislative and executive authorities of the said state or colony. 
Many overt acts, in evidence of this truth, are so fresh in the minds of 
the members, that it would be needless to name them. 

And whereas the Congress of the several states did, in* said Congress, 
on the fifteenth day of May, A. D. 1776, in a similar case, pass the follow- 
ing resolution, viz. " Besolved, That it be recommended to the respec- 
tive assemblies and conventions of the United Colonies, where no govern- 
ment sufficient to the exigencies of their affairs hath been hitherto 
established, to adopt such government, as shall, in the opinion of the rep- 
resentatives of the people, best conduce to the happiness and safety of 
their constituents in particular, and America in general," 1 — Your com- 

1 John Adams originated this resolution for the purpose of suppress- 
ing governments under the crown in the then United Colonies. It was. 
a practical assertion of independence, of which the act of July 4, 1776, 
was the formal declaration. It was adopted by Congress on the 10th of 
May, when Messrs. John Adams, Rutledge, and Richard Henry 
Lee were appointed a committee to prepare a preamble. This commit- 
tee reported the following, May 15, 1776 : 

"Whereas his Britannic majesty, in conjunction with the lords and com- 
mons of Great- Britain, has, by a late act of parliament, excluded the in- 
habitants of these United Colonies from the protection of the crown ; 
and whereas, no answer, whatever, to the humble petitions of the colo- 
nies for redress of grievances and reconciliation with Great-Britain, has 
been or is likely to be given, but, the whole force of that kingdom, 
aided by foreign mercenaries, is to be exerted for the destruction of the 
good people of these colonies; and whereas, it appears absolutely irrec- 



Adjourned Session at Westminster, Jan. 15, 1777. 41 

mittee, having duly deliberated on the continued conduct of the author- 
ity of New York, before recited, and on the equitableness on which the 
aforesaid resolution of Congress was founded, and considering that a 
just right exists in this people to adopt measures for their own security, 
not only to enable them to secure their rights against the usurpations of 
Great-Britain, but also against that of New York, and the several other 
governments claiming jurisdiction of this territory, do offer the follow- 
ing declaration, viz.: 

This Convention, whose members are duly chosen by the free voice of 
their constituents in the several towns, on the New-Hampshire Grants, 
in public meeting assembled, in our own names, and in behalf of our 
constituents, do hereby proclaim and publicly declare that the district of 
territory comprehending and usually known by the name and descrip- 
tion of the New Hampshire Grants, of right ought to be, and is hereby 
declared forever hereafter to be considered as a separate, free and inde- 
pendent jurisdiction or state; by the name, and forever hereafter to be 
called, known and distinguished by the name of New Connecticut ; 
] and that the inhabitants that at present are, or that hereafter 



oncilable to reason and good conscience, for the people of these colonies 
now to take the oaths and affirmations necessary for the support of any 
government under the crown of Great-Britain, and it is necessary that 
the exercise of every kind of authority under the said crown should be 
totally suppressed, and all the powers of government exerted, under the 
authority of the people of the colonies, for the preservation of internal 
peace, virtue and good order, as well as for the defence of their lives, 
liberties and properties, against the hostile invasions and cruel depreda- 
tions of their enemies; therefore, resolved, &c. 

This was adopted, and the resolution having thus been completed, the 
preamble and resolution were ordered to be published — doubtless of the 
date of May 15, 1776, as in the text. — Bancroft's History of the U. S., 
vol. vni, p. 367; Journals of Congress, [1776,] vol. n, pp. 158, 166. 

1 Here, in the copy in SlacWs State Papers, the words alias Vermont 
are inserted ; but that they could not have been in the original declara- 
tion appears from the subsequent use of the name New Connecticut 
alone, and from the proceedings in the convention of the 4th of June 
following, when the name was changed to Vermont. — I. Allen's Ver- 
mont, in Vt. Hist. Soc. Coll., vol. I, p. 375; Early History, pp. 239, 497 ; 
Vt. Hist. Soc. Coll., vol. ii, pp. xix — xxii. 

In the page of I. Allen's history cited, Col. Allen professed to quote 
substantially the language of the above declaration, and did not include 
the words •* alias VermonV In p. 239 of the Early History, Gov. Hall 
quoted the same declaration in the same way ; and in pages 497 and fol- 
lowing he gave five reasons for rejecting the alias, among which are 
these, to wit : the very great improbability, not to say absurdity, of sup- 
posing that two names would be given to a state; the fact that in the 
residue of the Journal of the January Convention of 1777, not found in 
Slade's State Papers, the State of " New Connecticut " is twice named 
without an alias; that in the supplementary declaration of June 4, 1777, 
published in the Connecticut Courant of June 30, the language used ut- 
terly precludes the idea of an alias, inasmuch as the first section of the 



42 General Conventions. 

may become resident, either by procreation or emigration, within said 
territory, shall be entitled to the same privileges, immunities and en- 
franchisements as are allowed ; and on such condition, and in the same 
manner, as the present inhabitants in future shall or may enjoy ; which 

preamble quotes the original declaration of the name as being "New 
Connecticut" without an alias; the third section explains the reason of 
the change of the name; and the resolution pendent declares "that the 
said district shall now hereafter be called and known by the name of 
Vermont." 

In the second volume of the Historical Society Collections, pp. xix — 
xxi, Gov. Hall reiterated his views and added other quotations in de- 
tail, making three strong points: first, that after adopting the original 
declaration, Jan. 15, 1777, the Convention " Voted, That the Declaration 
of New Connecticut be inserted in the News Papers," and appointed 
a committee to prepare an official declaration for the press, which was 
done, and it was published in the Connecticut Courant of March 17, 1777. 
This declaration concluded in these words: "The said state hereafter to 
be called by the name of New Connecticut." Second, that Ik 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 Ver- 
mont, subsequent to January 1777, as an " emblematical one, from the 
French of Verd-mont, green mountains, &c," and in the text stated that 
" Fay, Chittenden, Allen, and Jones, returned from Congress, without 
the decision of that body upon their petition [of Jan. 15, 1777,] in behalf 
of the inhabitants, and brought with them Dr. Young's letter, printed 
and published at Philadelphia, addressed to the inhabitants of Vermont. 1 '' 

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 u New Connecticut " to Ver- 
mont, in accordance with Dr. Young's suggestion. "Vermont," then, 
had never been thought of by the Convention in January, 1777. — See 
Appendix, F. 

While the proof sheets of these pages were in hand, the following 
newly discovered evidence was communicated to the editor by Gov. 
Hall. It will be observed that the first three documents were all dated 
previous to the change of the name of the State, June 4, 1777, and of 
course when it would be known, if so originally declared, as well by its 
alias as by " New Connecticut." 

The first is the record of a town meeting in Chester, Feb. 10-13, 1777. 



Adjourned Session at Westminster, Jan. 15, 1777. 43 

are, and forever shall be considered, to be such privileges and immuni- 
ties to the free citizens and denizens as are, or, at any time hereafter, 
may be allowed to any such inhabitants of any of the free and indepen- 

Feb'-- 1777. 

At a Town Meeting Regularly warned and held in Chester (by the 
Desire of one Nathan Clark Esq r Chairman of a Convention held at 
Dorset 30th of January 1777 as p«* said Desire on file may appear) on 
the Tenth Day of February 1777 1 Mr William Atwood chosen Moderator 
and a Funeral prevented a full Meeting, the Inhabitants present thought 
proper to adjourn y e meeting to y e Next Day being Feb r y 11 th one 
O Clock in y e Afternoon, the meeting was accordingly adjourned to meet 
at y e Dwelling house of Mr Jonathan Tarbel Meet according to ad- 
iournment, but the inhabitants that went to y e Funeral not knowing 
when y e meeting was to, it was Voted that y e meeting be adjourned to 
the Thirteenth of said February and to meet at said place at One of y e 
Clock afternoon and that the Inhabitants present be Desired to Inform 
the Inhabitants not present It was accordingly adjourned Meet ac- 
cording To adjournment the Moderator not being present Tho s Chand- 
ler Esq 1 ' was chosen Moderator in his Room it being a full meeting and 
after a long Debate, Voted to Send One Delegate as Desired, the Votes 
being given in & Sorted Lieu* Jabez Sargeant was chosen by a great 
majority Voted that said Sargeant act at said Convention Discretionery 
for the good of the state of New Connecticut and for the Town of 
Chester according to the Best of his understanding 

Voted that this meeting be Dissolved and it was accordingly Desolved. 

Test, Tho s Chandler Clerk. 

The foregoing is a true copy of an old Record appearing in Chester 
" First Book of Records," on pages 56 and 57, as near as I am able to 
give it. 

Attest, 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 spoke of the 
proposed state of " New Connecticut."— Calendar of N. Y. Bevolu- 
tionary Manuscripts, vol. 2, p. 150. 

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

Marlboro'. 

" That on or about the 15 day of January 1777, a number of people 
from sundry parts of said New Hampshire Grants, calling themselves 
New Staters, or people in favor of a new State, met at Westminster in 
the aforesaid County of Cumberland and State of New York, and de- 
clared said District and the people inhabiting thereon to be a new State 
by the name of New Connecticut. 

That all those who so met at Westminster aloresaid, and all the people 
whom they pretended to represent, as well as all those who, by the ad- 
vice of Doct. Thomas Young, afterwards held a convention at Windsor 
in June, or at any other time during that year, and formed and estab- 
lished a Constitution or plan of government for what, by his advice also, 
they called Vermont — i. e., the people of the Green Mountains — did 
not amount to one-hundredth part of the inhabitants of New York 

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



44 General Conventions. 

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

10 th - Voted, JST. C. D., to accept the above declaration. 

" To the honorable the chairman and gentlemen of the convention: your com- 
mittee appointed to take into consideration ivhat is further necessary to be 
transacted at the present convention, beg leave to report, viz. 
That proper information be given to the honorable Continental Con- 
gress of the United States of America, of the reasons why the New- 
State." — Manuscript in possession of Hon. James H. Phelps, grand- 
son of Charles Phelps. 

Both of the letters, from which the following extracts are taken, 
were written after the name of " New Connecticut" had been changed 
to Vermont, [June 4, 1777,] and more than five months after the pre- 
tended christening of " New Connecticut alias Vermont." The N. Y. 
delegates had seen and combatted the petition and declaration and com- 
missioners of the new State in Congress, all ordained and appointed in 
January, 1777, and yet they had never heard of the alias. It is "passing 
strange," if there was an alias. 

Extract from a Letter from James Duane, and other _ZV. T. Delegates 
in Congress to the N. Y. Council of Safety, dated Philadelphia, 8 July, 
1777. 

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

" From these considerations, we shall refrain from communicating a 
single copy ; but it must be remembered that Mr. Roger Sherman, 
who is gone to the Eastward, was furnished with one, and there is too 
much reason to apprehend that he may forward it to his friends in New 
Connecticut." — Journals N". Y. Cong., vol. i, p. 999. 

Extract of a Letter from James Duane to JST. Y. Council of Safety, 
dated Philadelphia, 10 July, 1777. 

[ Says he has seen the Connecticut Courant of 30th June, 1777, and 
adds,] 

" It contains a new and extraordinary declaration from a part of our 
State which is attempted to be wrested out of our jurisdiction and which 
is dubbed the State of Vermont, a name hatched for it in Philadel- 
phia. It is evident the plan has been laid here under the direction of 
Doctor Young, and too probably of some others of more consequence," 
&c— Journal Cong. N. Y., vol. 1, p. 1000. 

It is obvious that opponents of Vermont residing in the State, and the 
New York delegates in Congress in 1777, understood this matter pre- 
cisely as Gov. Hall has represented it in his history, and in the first 
and second volumes of the Collections of the Vermont Historical So- 
ciety. 

The editor now proposes to enlarge somewhat upon a suggestion made 
by Gov. Hall in the second volume of the Historical Society Collections, 



Adjourned Session at Westminster, Jan. 15, 1777. 45 

Hampshire grants have been declared a free state, and pray the said Con- 
gress to grant said state a representation in Congress ; and that agents 
be appointed to transfer the same to the said Congress, or the committee 

p. xx, that, after the change of the first name of the State, " the words 
alias Vermont were added by way of explanation that New Connecticut 
had become Vermont, and without the expectation that the added words 
would be treated as part of the original record." It is a curious fact, — 
and in this relation a very important one, as showing that the addition 
of " alias Vermont " to the record, after the name had been changed, was 
in accordance with the previous practice of the clerk — that on a former 
occasion the original record of the convention had been altered to cor- 
respond to an amendment subsequently made. July 24, 1776, the Dorset 
Convention adopted a resolution in respect to the Association for na- 
tional defense, (ante, p. 23,) which was amended at the next session, 
Sept. 25, 1776, (ante, p. 28 ;) but instead of allowing the two votes to stand 
on the record, the last modifying the first and the record correcting itself, 
Dr. Fay, the Secretary, changed the record of the first vote so as to embrace 
the amendment. Moved by a like motive, the editor believes that Doct. 
Fay changed his copy of the record of the declaration of January 17, 
1777, after the Convention of June 4, 1777, had changed the name of the 
State. It is a singular fact, if the alias really existed for five months, 
that there is no evidence that it was ever published as a part of the do- 
ings of the Convention until the History of Vermont by Dr. Williams 
appeared in 1794; while again and again, in the Connecticut Courant, 
which was the official organ of Vermont until 1783, and in letters of our 
own citizens and of citizens of New York, the State was uniformly 
named as New Connecticut, without an alias. If, then, the change sug- 
gested was made by Doct. Fay, and that became public, from that moment 
of course the alias would begin to appear publicly, and thus would be 
perpetuated to the annoyance of all men of good taste, and to the plague 
of historians. This is precisely what has happened. Doct. Fay did not 
keep the original minutes or record of the Convention of Jan. 1777, be- 
cause, according to the certificate of Joseph Fay, (post,) the minutes, 
both of the Conventions and of the early sessions of the Council of 
Safety, were in the possession of Ira Allen. It is known, however, 
that Doct. Fay did have what purported to be a copy of minutes of Con- 
ventions, in part of an old account book in which he had made profes- 
sional charges. This was once in the possession of Hon. James H. 
Phelps, and from it were copied some of the very valuable contribu- 
tions he has made to the history of the Conventions. In Williams-s 
Vermont, vol. II, pp. 450-453, will be found the proceedings, in part, of 
the Convention of Jan. 15, 1777, precisely as in Slade's State Papers, pp. 
68-70, including the error as to the representation of Dummerston and 
Putney; and at the end of it Doct. Williams added: u Original records 
of the Convention, p. 62-68; in the hands of Jonas Fay of Bennington." 



46 General Conventions. 

be filled up that are already appointed, and that a committee be ap- 
pointed to draw the draught : That a committee of war be appointed on 
the east side of the mountains, to be in conjunction with the committee 
of war on the west side of the mountains, to act on all proper occasions: 
That some suitable measures be taken to govern our internal policy for 
the time being, until more suitable measures can be taken ; that some 
suitable way be taken to raise a sum of money to defray the expences of 
the agents that are to go to Congress ; and for printing the proceedings 
of the convention, which, we are of opinion, ought to be printed. All 
which is humbly submitted to the convention, by your committee. 
By order of the Committee, 

Thomas Chandler, Chairman.'''' 

Utii. Voted, _ZV. G. D., to accept the above report. 

12th. Voted, That the Declaration of New Connecticut be inserted 
in the News Papers. 

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

14th. Voted, That Doct. Jonas Pay, 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 ble Continental 
Congress and further to negociate Business in behalf of New Connecti- 
cut. 

[15 th - There is no fifteenth vote in the record. Mr. Phelps suggests 
that, probably through inattention, Dr. Pay did not designate any vote 
of this convention by the number 15.] 

16 th - 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 Pay's certificate, but also from the error, and the fact that the 
same book contained the list of delegates only, and not the proceedings, of 
the Convention of June 4, 1777. — See list of delegates. That Convention 
changed the name to Vermont,, and as Doct. Fay seems not to have 
recorded that change, it is reasonable to suppose that he memorized it by 
adding the alias to the name previously adopted. Then in 1794 first ap- 
peared the alias Vermont, so far as the editor has been able to ascertain. 
Apparently it was stated on official authority, and yet it must be counted 
only as a memorandum made by Doct. Fay to commemorate the two 
names — that of January and that of June, 1777. Ira Allen's History 
succeeded Williams's, but Allen, who knew the facts, gave no coun- 
tenance to the alias, but explained both names by a simple, logical, and 
accurate statement. Slade followed Williams, and perpetuated the 
mistake; and B. H. Hall, Henry B. Dawson, and others, have fol- 
lowed in the train. It remained for Hiland Hall to correct the error, 
and he has done so effectually. To many readers this note will seem to 
be too prolix; but by those best informed it will be accepted and excused 
as a just vindication from a malicious sarcasm on " Vermont history as 
written by Vermonters." — See iV. Y. Historical Magazine, for January, 
1871, by Henry B. Dawson. 



Adjourned Session at Westminster, Jan. 15, 1777. 47 

White, be a Committee of War to act in conjunction with the Commit- 
tee of War already chosen. x 

17th. Voted j That it is recommended to each town in Cumberland and 
Gloucester Counties to choose new Committees of Safety where the 
Towns are disaffected with the [existing] Committees ; and in other 
Towns to let the Committees stand for the time Being. 2 

Igtu. Voted, That Capt. Heman Allen, Doct. Jonas Fay, Mr. Joshua 
Webb, and Major Thomas Moredock be a Committee to procure each 
one hundred dollars for to defray the expenses of the delegates that are 
appointed to go to the Continental Congress according to the report of 
the Committee of Proceedings. 

19th. Voted, That Mr. Ebenezer Hoisington, Mr. Benj a Emmonds, 
Lieut. Leonard Spaulding, and Mr. Stephen Tilden be a Committee to 
draw a letter forbidding the Delegates from Cumberland County sitting 
in the Hon ble Provincial Congress of the State of New York. 

20 th - 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. 

2lst. Voted, That it is the ardent wish of this Convention that each 
Town in this State would send Delegates to the Convention at their 
next sitting. Those Towns that have not chose any to choose and 
send. 

LETTER AS PER NINETEENTH VOTE. 

Westminster, 17 th Jan^ 1777. 

Gentlemen : — The General Convention consisting of Delegates from 
the several Counties and Towns through the tract of Land known by the 
name of the New Hampshire Grants have met according to adjournment 
at Westminster the 16 th - inst., and have resolved and declared the above 
District of Land shall hereafter be a distinct State or Government, and 
the Inhabitants thereof have full authority to make such laws as they 
shall from time to time think fit. 

The said Convention therefore desire and request that you will on sight 
hereof withdraw yourselves from the Convention of the State of New 
York, and appear there no more in the character of Representatives for 
the County of Cumberland ; #s you were not chosen by a Majority of the 
people at large. 

Gentlemen I am your most obedient 

Hum bl « Servant, 
Ebenezer Hoisington, Chairman Sub-Committee. 
Messrs. John Sessions and Simon Stephens. 3 

By order of Convention, 

Joseph Bowker, Chairman. 

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

2 Meaning doubtless Committees of Safety appointed under the advice 
of the Committee of Safety of New York. 

3 June 20, 1776, Col. Joseph Marsh, Deacon John Sessions, and Simon 
Stevens, Esq., were appointed " Representatives to go to New York," by 
the Cumberland County Committee of Safety, and not by the people. 
Sessions was returned again for the session of Aug. 18, 1779, with Elka- 
nah Day and Micah Townshend ; Joel Bigelow, Elijah Prouty, and 
William Shattuck were returned for the session of Jan. 21, 1784, which 



48 O-eneral Conventions. 

22 d - Voted, To adjourn this Convention to the first Wednesday of June 
next to be held at the Meeting-House in Windsor at nine o'clock in the 
forenoon. 

By order of Convention, 

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

THE DECLARATION AND PETITION TO CONGRESS. 

The following declaration and petition, in accordance with the resolu- 
tions of the convention of the 15th of January, announcing the territory 
of the New Hampshire Grants to be a free and independent State, was 
presented to the Continental Congress, by the Committee appointed for 
that purpose, on the 8th of April, 1777 : 

To the Honorable the Continental Congress : — 

The declaration and petition of that part of North America, situate 
south of Canada line, west of Connecticut river, north of the Massachu- 
setts Bay, east of a twenty mile line from Hudson's river, containing 
about one hundred and forty-four townships, of the contents of six miles 
square, each, granted your petitioners by the authority of New Hamp- 
shire, besides several grants made by the authority of New York, and a 
quantity of vacant land, humbly sheweth, 

That your petitioners, by virtue of several grants made them by the 
authority aforesaid, have, many years since, with their families, become 
actual settlers and inhabitants of said described premises ; by which it 
is now become a respectable frontier to three neighboring states, and is 
of great importance to our common barrier Tyconderoga ; as it has fur- 
nished the army there with much provisions, and can muster more than 
five thousand hardy soldiers capable of bearing arms in defence of Amer- 
ican liberty : 

is the last representation of Cumberland County in New York. Col. 
Marsh seems to have retired in 1776 or early in 1777, as he was a mem- 
ber of the Windsor Convention in July, 1777, and in March 1778 was 
elected Lieut. Governor of Vermont. In 1783 Stevens was a represent- 
ative in the Vermont Assembly; also a delegate in the Vermont Con- 
vention of 1791, which adopted the Constitution of the United States. 
To Mr. Stevens is probably due the preservation of what are now known 
as " the Pingrey Papers." — See Eastern Vermont. 

Dea. Sessions represented Westminster in the Vermont Assembly in 
1787. An anecdote recorded in Graham's Letters and Eastern Vermont 
illustrates the deacon's position. A member of parson Bullens church 
in Westminster had shot a bear in his cornfield on Sunday, and for 
this, excommunication was voted. When the parson attempted to read 
this document in church, the accused, fully armed and equipped, rose to his 
feet and brought his musket to bear on the parson's person. This was 
too shocking for the nerves of the parson, who therefore handed the 
paper to deacon Sessions, asking him to read it. The deacon declined, 
saying — M All things are lawful unto me, but all things are not expe- 
dient." It was not expedient for the deacon to adhere to New York. 



Adjourned Session at Westminster, Jan. 15, 1777. 49 

That shortly after your petitioners began their settlements, a party of 
land-jobbers, in the city and state of New York, began to claim the 
lands, and took measures to have them declared to be within that juris- 
diction : 

That on the 20 th day of July, 1764, the king of Great-Britain did pass 
an order in council, extending the jurisdiction of New York government 
to Connecticut river, in consequence of a representation made by the 
late lieutenant governor Colden, that for the convenience of trade, and 
administration of justice, the inhabitants were desirous of being an- 
nexed to that state : 

That on this alteration of jurisdiction, the said lieutenant governor 
Colden did grant several tracts of land in the above described limits, to 
certain persons living in the state of New York, which were, at that 
time, in the actual possession of your petitioners ; and under color of 
the lawful authority of that state, did proceed against your petitioners, 
as lawless intruders upon the crown lands in their province. This pro- 
duced an application to the king of Great Britain from your petitioners, 
setting forth their claims under the government of New-Hampshire, and 
the disturbance and interruption they had suffered from said post claim- 
ants, under New- York. And on the 24 th day of July, 1767, an order 
was passed at St. James's, prohibiting the governors of New-York, for 
the time being, from granting any part of the described premises, on 
pain of incurring his Majesty's highest displeasure. Nevertheless the 
same lieutenant governor Colden, governors Dunmore and Tryon, have, 
each and every of them, in their respective turns of administration, pre- 
sumed to violate the said royal order, by making several grants of the 
prohibited premises, and countenancing an actual invasion of your peti- 
tioners, by force and arms, to drive them off from their possessions. 

The violent proceedings, ( with the solemn declaration of the supreme 
court of New- York, that the charters, conveyances, &c. of your petition- 
ers' lands, were utterly null and void,) on which they were founded, re- 
duced your petitioners to the disagreeable necessity of taking up arms, 
as the only means left for the security of their possessions. The conse- 
quence of this step was the passing twelve acts of outlawry, by the leg- 
islature of New- York, on the ninth day of March, 1774 ; which "were not 
intended for the state in general, but only for the part of the counties of 
Albany and Charlotte, viz. such parts thereof as are covered by the New- 
Hampshire charters. , 

Your petitioners having had no representative in that assembly, when 
these acts were passed, they first came to the knowledge of them by pub- 
lic papers, in which they were inserted. By these, they were informed, 
that if three or more of them assembled together to oppose what said as- 
sembly called legal authority, that such as should be found assembled, to 
the number of three or more, should be adjudged felons : And that, in 
case they, or any of them, should not surrender himself or themselves to 
certain officers appointed for the purpose of securing them, after a warn- 
ing of seventy days, that then it should be lawful for the respective judges 
of the supreme court of the province of New-York, to award execution 
of Death, the same as though he or they had been attainted before a 
proper court of judicator} T . These laws were evidently calculated to in- 
timidate your petitioners into a tame surrender of their rights, and such 
a state of vassalage, as would entail misery on their latest posterity. 

It appears to your petitioners, that an infringement on their rights is 
still meditated by the state of New- York ; as we find that in their general 
convention at Harlem, the second day of August last, it was unanimously 
voted, " That all quit-rents, formerly due and owing to the crown of Great- 

5 



50 General Conventions. 

Britain within this state, are now due and owing to this convention, or 
such future government as may hereafter be established in this state." 

By a submission to the claims of New-York your petitioners would be 
subjected to the payment of two shillings and sixpence sterling on every 
hundred acres annually ; which, compared with the quit-rents "of Living- 
ston's, Phillips's, and Iiansalear's manors, and many other enormous tracts 
in the best situations in the state, would lay the most disproportionate 
share of the public expense on your petitioners, in all respects the least 
able to bear it. 

The convention of New- York have now nearly completed a code of 
laws, for the future government of that state ; which, should they be at- 
tempted to be put in execution, will subject your petitioners to the fatal 
necessity of opposing them by every means in their power. 

When the declaration of the honorable the Continental Congress, of 
the fourth of July last past, reached your petitioners, they communicated 
it throughout the whole of their district ; and being properly apprised of 
the proposed meeting, delegates from the several counties and towns 
in the district, described in the preamble to this petition, did meet at 
Westminster in said district, and after several adjournments, for the pur- 
pose of forming themselves, into a distinct and separate state, did make 
and publish a declaration, " that they would, at all times thereafter, con- 
sider themselves as a free and independent state, capable of regulating 
their own internal police, in all and every respect whatsoever ; and that 
the people, in the said described district, have the sole, exclusive right of 
governing themselves in such a manner and form as they, in their wis- 
dom, should choose ; not repugnant to any resolves of the honorable the 
Continental Congress." And for the mutual support of each other in the 
maintenance of the freedom and independence of said district or separate 
state, the said delegates did jointly and severally pledge themselves to 
each other, by all the ties that are held sacred among men, and resolve 
and declare that they were at all times ready, in conjunction with their 
brethren of the United States, to contribute their full proportion towards 
maintaining the present just war against the fleets and armies of Great- 
Britain. 

To convey this declaration and resolution to your honorable body, the 
grand representatives of the United States, were we (your more imme- 
diate petitioners) delegated by the united and unanimous voices of the 
representatives of the whole body of the settlers on the described premi- 
ses, in whose name and behalf, we humbly pray, that the said declaration 
may be received, and the district described therein be ranked by your 
honors, among the free and American states, and delegates therefrom 
admitted to seats in the grand Continental Congress ; and your petition- 
ers as in duty bound shall ever pray. 

New Hampshire Grants, Westminster, Jan. 15th, 1777. 

f Jonas Fay, 
Signed by order, and in be- J Thomas Chittenden, 
half of said inhabitants, 1 Hem an Allen, 
I Ketjben Jones. 

THE REVISED DECLARATION OF INDEPENDENCE. 

The following is the declaration of independence as " prepared for the 
press," by the committee appointed for that purpose in obedience to the 
12th and 13th votes of the January Convention. It was published in the 
Connecticut Courant of March 17, 1777, and was not satisfactory to the 



Adjourned Session at Westminster, Jan. 15, 1777. 51 

subsequent convention of the 4th of June, for the reason that it omitted 
to state the causes for the separation from New York, as will be seen by 
the proceedings of that body. 

Vermont's Declaration oe Independence. 

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

Whereas' the Honorable the Continental Congress did, on the 4 th day 
of July last, declare the United Colonies in America to be free and inde- 
pendent of the crown of Great Britain ; which declaration we most cor- 
dially acquiesce in : And whereas by the said declaration the arbitrary 
acts of the crown are null and void, in America, consequently the juris- 
diction by said crown granted to New York government over the people 
of the New-Hampshire Grants is totally dissolved: 

We therefore, the inhabitants, on said tract of land, are at present with- 
out law or government, and may be truly said to be in a state of nature ; 
consequently a right remains to the people of said Grants to form a gov- 
ernment best suited to secure their property, well being and happiness. 
We the delegates from the several counties and towns on said tract of 
land, bounded as follows : South on the North line of Massachusetts Bay ; 
East on Connecticut river : North on Canada line ; West as far as 
the New Hampshire Grants extends : 

After several adjournments for the purpose of forming ourselves into 
a distinct separate state, being assembled at Westminster, do make and 
publish the following Declaration, viz. : 

'> That we will, at all times hereafter, consider ourselves as a free and 
independent state, capable of regulating our internal police, in all and 
every respect whatsoever — and that the people on said Grants have the 
sole and exclusive and inherent right of ruling and governing them- 
selves in such manner and form as in their own wisdom they shall think 
proper, not inconsistent or repugnant to any resolve of the Honorable 
Continental Congress. 

" Furthermore, we declare by all the ties which are held sacred among 
men, that we will firmly stand by and support one another in this our 
declaration of a state, and in endeavoring as much as in us lies, to sup- 
press all unlawful routs and disturbances whatever. Also we will en- 
deavor to secure to every individual his life, peace and property against 
all unlawful invaders of the same. 

u Lastly we hereby declare, that we are at all times ready, in conjunc- 
tion with our brethren in the United States of America, to do our full 
proportion in maintaining and supporting the just war against the tyran- 
nical invasions of the ministerial fleets and armies, as well as any other 
foreign enemies, sent with express purpose to murder our fellow breth- 
ren, and with fire and sword to ravage our defenceless country. 

" The said state hereafter to be called by the name of New Connec- 
ticut." l 

Extract from the minutes. Ira Allen, Clerk. 2 

1 See note and references, ante, p. 41-46. 

2 B. H. Hall, in Eastern Vermont, p. 283, note, says : 

The Convention, after sitting from the 15th to the 22d of January, ad- 
journed to meet at Windsor on the first Wednesday in June following. 
There appears, however, to have been a meeting intermediate. A call 
was issued on the 30th of January by Nathan Clark, for a Convention at 



52 General Conventions. 



ADJOURNED SESSION AT WINDSOR, 
JUNE 4, 1777. 

fFrom Vt. Hist. Soc. Collections, Vol. I.] 



Of this Convention no full journal has been found, though the record 
of a portion of its proceedings has been preserved. It was held by ad- 
journment from the convention of the preceding 15th of January. Only 
the following accounts of its proceedings (numbered one to five) have 
been obtained. 

I. Newspaper Notice for its Assembling. 

In the Connecticut Courant of the 14th of April, 1777, the following no- 
tice appears : 

In convention of the representatives from the several counties and 
towns in the New Hampshire Grants holden at Westminster, 15 th Janu- 
ary, 1777, by adjournment, voted unanimously — 

" That it is the ardent wish of this convention that each town in the 
district would send a delegate or delegates to the next sitting of this 
convention, those towns that have not chosen any delegates to choose 

Dorset, and by the records of the town of Chester, it seems that Lieut. 
Jabez Sargeant was chosen on the 13th of February, to attend the spe- 
cial Convention, and act u for the good of the state of New Connecticut, 
and for the town of Chester, according to the best of his understanding." 
Ms. Becords of Chester. Slade's State Papers, pp. 68-73. 

The pages of the State Papers cited*contain the proceedings of the 
Convention of Jan. 15, 1777. If any Convention met, as suggested, it is 
certain that its record has neither been preserved until this time nor 
referred to in preceding days. Mr. Hall does not state when the Conven- 
tion called by Nathan Clark was to be held, but the place is Dorset, in- 
stead of Windsor. Otherwise the editor would suggest that possibty 
Mr. Clark's " call " was rather an urgent request for the appointment 
of delegates to the then forthcoming Windsor Convention of June 
4. Jabez Sargeant did represent Chester in that Convention. Perhaps a 
meeting earlier than June had been contemplated for some special pur- 
pose, but was abandoned. The Warrant for the Convention of Jan. 
16, 1776, shows that this happened more than once in 1775, 



Adjourned Session at Windsor, June 4, 1777 



53 



and send. This convention is adjourned to the first Wednesday of June 
next, to be held at the meeting-house Windsor, at nine o'clock in the 
morning." 

Extract from the minutes. 

Ira Allen, Clerk. 

**# Nonresidents, that have a desire to attend the above convention, 
are hereby notified of the same. Said convention was formed to govern 
the internal police of said district, and if thought proper to form said 
district into a state. 

II. Organization and List of Members. 

[Prom the manuscript of the Hon. James H. Phelps, published in Vt. Hist. Soc. Coll. Vol. I.] 



Kew Hampshire Grants (alias) 7 
New Connecticut ; > Windsor, June 4 tn 

Convention opened according to adjournment. 



1777. 



PRESENT THE FOLLOWING MEMBERS. 



Capt. Joseph Bowker in the Chair. 
1 st - Voted, Lieut. Martin Powell, Assistant Clerk. 
f Nathan Clark, Esq 



Benning- J Mr. Simeon Hathaway, 
ton, | Capt. John Burnham, 
[_ Doct. Jonas Fay. 
Shafts- j Major Jeremiah Clark, 
bury, I Mr. Gideon Olin. 
Arling- ( Capt.EbenezerWillough- 
ton, "[ Mr. Abel Benedict, [by, 
Sunder- j Lieut. Joseph Bradley, 
land, I Mr. Eli Bronson. 
Man- S Mr. Thomas Bull, 
Chester, \ Lieut. Martin Powell. 
Dorset, Mr. Cephas Kent. 

„ ( Doct. Gaius Smith, 

Mupert, | Mr Moges Robinsoni 

„ 7 , ( Capt. William Fitch, 
rawlet, -J Capt Jonathan willard. 

Wells, Mr. Caleb Smith. 

Poultney, Capt. Zebediah Dewey. 
( By a letter from s d Town 
i acquiescing in forming a 



Tin- 
mouth, 



Castle- 
ton, 



Hub- 

bardton, 
Danby, 



(New State. 
Mr. Jesse Churchill. 
Capt. William Gage. 



Claren- 
don, 



Capt. Ebenezer Allen. 

fBenjn- Spencer, 7 Major 
Whitefield Foot, f Part. 



Joseph Smith, 
L Stephen Place 



Minor 
Part. 



Pittsford, Capt. Jon th Fassett. 
Neshobee, 7 

[or >■ Capt. Josiah Powers. 
Brandon] ) 
Whiting, Capt. Josiah [Jeremiah] 

Powers. 1 
Cornwall, Mr. Gamaliel Painter. 
Colches- ( Capt. Ira Allen, 

ter, \ Capt. Heman Allen. 
Williston, Col° Thomas Chittenden. 

JSEL* r Mr - Wnu Mellen. 

mmgton, ) 

Halifax, Doct* 1 W m - Hill. 

"ftj LtIsraelSmith - 



1 Doubtless u Josiah Powers " of Whiting should be Capt. Jeremiah 
Powers. See page 55, where that name is given. Josiah Powers repre- 
sented Brandon in this convention, and also in the Legislature of Oct. 
1778. 



54 



General Conventions. 



T ZT\ *• ^n Dye, 

merZon, } Lt Leonard Spaulding. 
Putney, Mr. Dennis Lockland. 

mS;,} NathlRobinson ' E ^ 

B °ham g ~ [ Doct Reuben Jones - 
Chester, Lt. Jabez Sargent. 
IFimc?sor, Mr.Ebenezer Hoisington 

[or 

Hart- ( Col° Joseph Marsh, 
/ord, l Mr. Stephen Tilden. 

T>n™fvot 5 J° nn Throop, [Esq. 

jromjrref ' I John Winchester Dana, 

Mr. Asa Whitcomb, 
Mr. Asa Chandler. 



Maj r Joel Matthews, 
Mr. ¥«>• Gallup. 



Barnard 



( Colo Peter Olcott, 
Norwich < Maj r Thomas Moredock, 
I Mr. Jacob Burton. 



Sharon i Joel Marsh > Es q- 
bHaron, j Mr Daniel Gilbert 

Kent, "1 
London- f Mr. Edward Aiken. 

derry,~] J 

Cauen- j Capt. John Coffrin, [Cof- 
dish, I fein.] 

Bromley J 

[or * [■ Capt. William Utlev. 

Pera,] \ 

Thetford, 

Stratford 

Fairlee, 

Moor- 
town, 
[or 
Brad- 
ford,'] 



Lt. Abner Chamberlain. 
Mr. Frederick Smith. 
Mr. Amos Woodworth. 

Doct. Bildad Andross, 



Corinth, 

New- 
bury, 

Beading, 



| Mr. Benj a Baldwin. 1 

By a letter acquiescing 
in a State. 

< Mr. John G. D. Bailey, 
'I Capt. Robert Johnson. 

Mr. Andrew Spear. 2 



III. Further Proceedings — Name u Vermont." 

[From the Connecticut Courant of June 30, 1777.] 

State of Vermont, ) 

In General Convention, Windsor, June 4, 1777. > 
Whereas, This convention did at their session in Westminster, the 15 th 
day of January last, among other things, declare the district of land com- 
monly called and known by the name of the New Hampshire Grants, to 
be " a free and independent state capable of regulating their own inter- 
nal police in all and every respect whatsoever, and that it should there- 
after be known by the name of New Connecticut :" 



1 Mooretown, now Bradford, in a regular town meeting May 29, 1777, 
" Voted to send Bildad Andross and Benjamin Baldwin to the conven- 
tion at Windsor, to take measures for the formation of a new State." 
— Copy from the town records in Vt. Historical Magazine, vol. n, p. S16. 

2 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' copy was taken was certified by 
Jonas Fay, the standing clerk of the convention. It was only tempora- 
rily in the possession of Mr. Phelps, and is not known to be now in ex- 
istence. 



Adjourned* Session at Windsor, June 4, 1777. 



55 



And whereas, By mere accident, or through mistake, the said declara- 
tion alone was published in the Connecticut Gourant, No. 634, dated March 
17th, 1777^ without assigning the reasons which impelled the inhabitants 
to such separation : 

And whereas, This convention have been informed that a district of 
land lying on the Susquehanna river, has been heretofore and is now 
known by the name of New Connecticut, which was unknown to them 
until some time since the declaration at Westminster aforesaid ; and as 
it would be inconvenient in many respects for two separate districts on 
this continent to bear the same name : 

Resolved, Therefore, unanimously, that the said district described in 
the preamble to the declaration at Westminster, aforesaid, shall now 
hereafter be called and known by the name of Vermont. 

And whereas, The whole body of members which compose this conven- 
tion, consisting of the following persons, viz.: 



Capt. Joseph Bowker, Presiderd, 

Mr. Simeon Hathaway, 

Dr. Jonas Fay, Secretary, 

Mr. Gideon Olin, 

Mr. Abel Benedict, 

Mr. Eli Brownson, 

Mr. Thomas Bull, 

Mr. Moses Robinson, 2 d < 

Captain William Fitch, 

Mr. Caleb Smith, 

Mr. Jesse Churchill, 

Capt. Ebenezer Allen, 

Mr. Whiteneld Foot, 

Mr. Stephen Place, 

Capt. Jonathan Fassett, 

Mr. Gamaliel Painter, 

Capt. Ira Allen, 

Mr. William Mellen, 

Col. Benjamin Carpenter, 

Mr. Israel Smith, 

Mr. Dennis Lockland, 

Mr. Joshua Webb, 

Mr. Jabez Sargeant, 

Capt. William Utley, 

Capt. William Curtis, 

Capt. William Gallop, 

Mr. Stephen Tilden, 

Mr. John Throop, 

Mr. Asa Whitcomb, 

Col. Peter Olcott, 

Mr. Jacob Burton, 

Mr. Daniel Gilbert 

Mr. Frederick Smith, 

Dr. Bildad Andrus, 

Mr. John G. D. Bailey, 

Mr. Amaziah Wood worth, ! 



Nathan Clark, Esq., 
Mr. John Burnham, Jun., 
Major Jeremiah Clark, 
Capt. Ebenezer Willoughby, 
Mr. Joseph Bradley, 
Mr. Martin Powell, 
Mr. Cephas Kent, 
Mr. Gaius Smith, 
Capt. Jonathan Willard, 
Captain Zebediah Dewey, 
Captain William Gage, 
Benjamin Spencer, Esq., 
Mr.' Joseph Smith, 
Mr. John Sutherland, 
Capt. Josiah Powers, 
Capt. Heman Allen, 
Col. Thomas Chittenden, 
Dr. William Hill, 
Capt. John Barney, 
Mr. John Dyer, 
Nathaniel Robinson, Esq., 
Dr. Reuben Jones, 
Capt. John Coffin, [Coffein,] 
Mr. Ebenezer Hosington, 
Major Joel Matthews, 
Mr. Benjamin Emmons, 
Col. Joseph Marsh, 
John W. Dana, Esq., 
Mr. Asa Chandler, 
Major Thomas Moredock, 
Joel Marsh, Esq., 
Mr. Abner Chamberlin, 
Mr. Amos Weodworth, 1 
Mr. Benjamin Baldwin, 
Capt. Robert Johnson, 
Capt. Jeremiah Powers, 



amounting to seventy-two in number, being all convened at the town 
house in Windsor, aforesaid, and the motion being made and seconded, 

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



56 G-eneral Conventions. 

whether the house would proceed to business on the former declaration 
made at Westminster, in January aforesaid, with this alteration only, 
"that instead of New Connecticut, the said district should ever be 
known by the name Vermont ;" That then the names of the representa- 
tives being distinctly and severally called by the Secretary, seventy-one 
of them did answer in the words following, viz. : " Proceed to form ;" 
at which time and place the said seventy-one members did renew their 
pledges to each other by all the ties held sacred among men, and resolve 
and declare that they were at all times ready, in conjunction with their 
brethren in the United States, to contribute 'their full proportion towards 
maintaining the present just war against the fleets and armies of Great 
Britain. 

That the public may be capable of forming a just idea of the reasons 
which so necessarily oblige the inhabitants o± the district before describ- 
ed to declare themselves to be separate and distinct from the state of 
New York, the following complaints are hereto subjoined. 

COMPLAINTS. 

In the year 1764 the legislative authority of New York did obtain 
jurisdiction over the before described territory of land, by virtue of a 
false representation made by the late Lieut, governor Colden, that for 
the convenience of trade and administration of justice the inhabitants 
were desirous of being annexed to that government. 

They have refused to make re-grants of the same lands to the original 
proprietors and occupants, unless at the exorbitant rate of $2300 fees for 
each township, and did enchance the quitrent three fold, and demanded 
an immediate delivery of the title derived before from New Hampshire. 

The judges of their supreme court have made a solemn declaration, 
that the charters, conveyances, &c, ot the lands included in the before 
described premises, were utterly null and void, on which said title was 
founded. 

In consequence of which declaration, writs of possession have by them 
been issued, and the Sheriff of the County of Albany sent at the head of 
six or seven hundred armed men to enforce the execution thereof. 

They have passed an act annexing a penalty thereto, of thirty pounds, 
and fine and six months imprisonment, on any person who should refuse 
attending the sheriff after being requested for the purpose of executing 
writs of possession. 

The governors, Dunmore, Tryon, and Colden, have made re-grants of 
several tracts of land included in the premises, to certain favorite land- 
iobbers in the government of New York, in direct violation of his Bri- 
tannic Majesty's special orders in the year 1767. 

They have endeavored and many times threatened to excite the king's 
troops to destroy us. 

They have issued proclamations wherein they have offered large sums 
of money for the purpose of apprehending those persons who dared bold- 
ly and publicly to appear in defence of their just rights. 

They did pass twelve acts of outlawry on the 9th of March, A. D. 1774, 
empowering the respective judges of their supreme court to award exe- 
cution of death against those inhabitants in said district, that they should 
judge to be offenders, without trial. 

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

They have hired foreign troops, emigrants from Scotland, at different 
times, and armed them to drive us out of possession. 

They have sent the savages on our frontiers to destroy us. 



Adjourned Session at Windsor, June 4, 1777. 57 

They have proceeded to erect the counties of Cumberland and Glou- 
cester, and established courts of justice there, after they were discoun- 
tenanced by the authority of Great Britain. 

The free convention of the state of New York, at Harlem, in the year 
1776, unanimously voted u that all quitrents formerly due to the king of 
Great Britain, are now due and owing to this convention, or such future 
government as shall be established in this state." 

In truth, they, the late government of New York, have spared neither 
cost or pains, nor been wanting in using every artful insinuation in 
their power, (however unwarrantable by the laws of God or man,) to de- 
fraud those inhabitants out of the whole of their landed property ; and 
nothing but consciences void of offence towards God and man, to whose 
impartial judgment we appeal, could have induced those inhabitants to 
have run the risk, and to have undergone the hardships and fatigues they 
have borne, for the salvation of their lives, liberties and properties. 

In the several stages of the aforesaid oppression, we have petitioned 
his Britannic Majesty in the most humble manner for redress, and have, 
at very great expense, received several reports in our favor; and in other 
instances wherein we have petitioned the late legislative authority of 
New York, these petitions have been treated with neglect. We shall 
therefore only remind the public that our local situation alone is a suffi- 
cient reason for our declaration of an independency, and must therefore 
announce a separation from the state of New York, and refer the public 
to our declaration made the 15 th day of January last, and published in the 
Connecticut Courant, and sincerely wish that in future a lasting peace 
may continue between the state of New York and this, with the other 
United States of America. 

By order of Convention. 

Jonas Fay, Secretary. l 

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 th 
day of January last make and publish a declaration that they would at 
all times hereafter consider themselves as a free and independent state, 
capable of regulating their own internal police in all and every respect 
whatever : 

And whereas no government sufficient to the exigencies of our 
affairs has been hitherto established ; Therefore it becomes abso- 
lutely necessary for the safety, well being and happiness of the inhabi- 
tants of this state to form such a government as shall, in the opinion of 
the representatives of the people of this state, best conduce to the hap- 
piness and safety of their constituents in particular and America in gen- 
eral ; and whereas the Honorable Continental Congress did, on the 15 th 
day of May, A. D. 1776, 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 Appendix to J. D. Butler's Ad- 
dress of 1846, p. 31, 32, 33. See also H. HalVs Vt, pp. 244, 245, 246. 
6 



58 General Conventions. 

Resolved, Therefore, that copies of the said recommendation be distri- 
buted to the inhabitants of each town within this state ; and that it be 
and is hereby recommended to the freeholders and inhabitants of each 
town in this state to meet at some convenient place in each town on the 
23 d day of this instant June and choose delegates to attend a general 
convention at the meeting-house in Windsor, within the said state, on 
the second day of July next, to choose delegates to attend the general 
Congress, a Committee of Safety, and to form a Constitution for said 
state. By order of Convention. 

pr copy, Joseph Bowkee, President. 1 



COMMITTEE TO REPAIR TO TICONDEROGA. 

This convention at Windsor of June 4, 1777, [appointed a committee 
to make a draft of a constitution, 2 ] also appointed a committee consisting 

1 The resolution of the Continental Congress of May 15, 1776, referred 
to above, is as follows : 

" Resolved, That it be recommended to the respective assemblies and 
conventions of the United Colonies, where no government sufficient for 
the exigencies of their affairs hath been hitherto established, to adopt 
such government as shall, in the opinion of the representatives of the 
people, best conduce to the happiness and safety of their constituents in 
particular and America in general." — See ante, p. 40. 

2 These words are added to the statement in the Vermont Historical 
Society Collections, vol. I, p. 54, on the authority of Ira Allen, who was a 
member of the convention. — See Ira Allen's History of Vermont, p. 92, 
or yt. Hist. Soc. 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 [Reuben] Jones, returned 
from Congress, without the decision of that body upon their petition in 
behalf of the inhabitants, and brought with them Dr. Young's letter, 
printed and published at Philadelphia, addressed to the inhabitants of 
Vermont." — See Allen's History, p. 86, or Vt. Hist. Soc. Coll., vol. i, p. 
379. Dr. Young A\ r rote that he had " recommended to your committee the 
constitution of Pennsylvania for a model," suggesting an alteration 
making the executive body [Governor and Council] advisory simply, re- 
serving the supreme legislative power to the General Assembly. — See Dr. 
Young's letter, Appendix D. It would not be unreasonable to assume that 
the Convention would select, as committee, the gentlemen who had been 
in consultation with Dr. Young, and by whom he sent printed copies of 
his letter to be distributed among the people of the expected state. On 
that assumption, the committee consisted of Jonas Fay, Thomas Chitten- 
den, Heman Allen, and Reuben Jones — perhaps with the addition of Ja- 
cob Bayley, who had been appointed an agent to Congress with these gen- 
tlemen. The names of all these except Allen appear in Pliny H. White's 
list of delegates to the Convention which adopted the Constitution, and 
all of them except Jacob Bayley were members of the Convention that 



Adjourned Session at Windsor, June 4, 1777. 59 

of " Col. William Marsh, James Mead, Ira Allen and Captain Salisbury, 
to wait on the commander of Ticonderoga fort and consult with him 
respecting the regulations and defense of the frontiers, and then ad- 
journed to the 2d of July, 1777, at the same place. While the commit- 
tee was at Ticonderoga, Gen. Burgoyne with his army appeared on the 
lake, and resting at Crown Point, he sent a scout of about 300, mostly 
Indians, to land at the mouth of Otter Creek, to annoy the frontiers of 
the state. Gen. Poor refused to allow any troops to the committee for 
the defense of the frontiers, but allowed Col. Warner to go with the 
committee, who soon raised men sufficient to repel the assailants. All 
who were members of the convention left the militia and repaired to 
Windsor on the 4th [2d] of July, 1777." x 



V. Proclamation for a Fast. 



A PROCLAMATION. 



Since God has been pleased in his wisdom to visit the inhabitants of 
this land with his just judgments by suffering our unnatural enemies to 
wage war against us, the pestilence to prevail and the many other calam- 
ities with which we are now threatened as a just reward for the many 
pevailing sins committed against the Divine Law, we have sufficient 
reason to believe calls aloud on his people for solemn Pasting and 
Prayer. We have, therefore, thought fit to appoint and do hereby ap- 
point Wednesday the 18 th day of June instant to be observed as a day 
of public fasting and prayer throughout this state, and do earnestly rec- 
ommend to the good people thereof to observe the same as such, that we 
may humble our hearts before God and implore Him to avert the im- 
pending judgments, remove the sword of our unnatural enemies from 
us, sanctify the awful frowns of Divine Providence, grant His blessings 

appointed the agents to Congress. Benjamin Franklin is " reported 
to have been the author of the most remarkable feature of this Consti- 
tution, that is, a single legislative assembly." Dr. Young was efficient in 
securing the adoption of this feature in the first constitutions of Penn- 
sylvania, Vermont, and Georgia, and it was adopted in the constitution 
of the National Assembly in France. In 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 Windsor in July 1777 was 
so excited and absorbed by the immediate danger from the enemy that 
it could not be in the mood nor command the time necessary for mature 
deliberation. There is no evidence of any amendment to the original 
draft, except the addition of the preamble. The institution of a State 
Committee of Safety, vested temporarily with the powers of the Gover- 
nor and Council, was anticipated in the warning, and probably included 
in the original draft of the Constitution. — See Sparks' 1 Life of Franklin, 
p. 408-410, and H. Hall's Early History of Vermont, p. 498-500. 
1 I. Allen's VU, p. 92, in Vt. Hist. Soc. Coll., vol. i, p. 382. 



60 General Conventions. 

on our councils and arms and direct our generals, guard this state from 
the invasions'of the savages, direct in our election of members for estab- 
lishing|government, bless the labors of our hands, grant suitable seasons 
for the year for seed-time and harvest and crown the year with His good- 
ness, revive religion and virtue, Bless the ministers of the gospel and 
water his churches with heavenly grace. And it is hereby recommended 
to all the good people of this state to abstain from secular labor and re- 
creation on that day. 

Given at Windsor in the state of Vermont in General Convention, the 
7 th day of June Anno 1777. 

By order, 

Joseph Bowker, President. 

Jonas Fay, Secretary} 



VI. Exclusive Jurisdiction assumed by Vermont. 2 

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

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

Resolved, That the keeper of the common gaol for the County of Cum- 
berland within this State be and is hereby directed to keep in safe cus- 
tody all Prisoners already committed by any legal authority within this 
State until regularly discharged by this Convention or their further or- 
der had thereon, and that for the future the said keeper be and is hereby 
directed to observe such orders as he shall receive from either of the 
Committees of Safety for either of the towns in this State during the 
recess of this Convention. 

Resolved, That the Chairman of the Committees of Safety for the 
Counties of Cumberland and Gloucester immediately on sight hereof and 

1 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 four days. 

2 The truth of this most valuable addition to the proceedings of the 
Convention is fully confirmed by the following: 

On the 26th of June, 1777, the Cumberland County Committee of Safety 
[under New York] appointed a committee to draft a "True Representation 
of the Broken State of the Inhabitants of the County," which was done 
on that day, and the document, signed by James Clay, Chairman, was 
presented to the New York Council of Safety on the 15th of July. This 
" True Representation " declared : 

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



Adjourned Session at Windsor, June 4, 1777. 61 

they are hereby directed and required to desist acting in such capacity 
by virtue of any authority derived from the Honorable Convention of 
the State -of New York, and that their several associates are directed 
strictly to observe the same. 

Resolved, That the several Committees of Safety acting under the au- 
thority of this State be and are hereby directed to take into their imme- 
diate custody all such estates of enemica,l persons who have heretofore 
or that may hereafter be by sufficient evidence proved to be such, which 
estates are not already in custody by virtue of such authority, and them 
safely keep for the use of this State during the recess of this Convention 
except what may be sufficient to defray the necessary charges arising 
for trial of such offender or offenders. 

Resolved, That all Commissioners appointed by the authority of the 
State of New York for the purpose of seizing the estates of enemical 
persons for the use of that State, to the prejudice of this, be and hereby 
are required to desist and surcease such commission or commissions 
immediately on sight hereof, and the}'' are hereby severally strictly for- 
bid disposing of any such estate so seized within this State except what 
is sufficient to defray the charge of trial, seizing, &c, until further order 
from this Convention or the orders of the President or Vice President 
of this State with his Council during the recess of this said Convention. 

Resolved, That the Committees of the several towns in this State be 
and are hereby empowered to seize and secure all and every person and 
their estates that appear to be enemical to their country and to proceed 
to trial in manner and form following: 

That the Committee of any town in this State shall seize the person 
and estate of any such suspected enemies and if on examination they 
shall find just cause to proceed against the same they are hereby empow- 
ered to call thirteen committee men from the adjacent towns including 
the committee of said town, which are hereby empowered to try such 
offender or offenders and give sentence against him or them and order 
the said judgment to be put in execution — Provided the offender or 
offenders is not worthy of death or other corporal punishment, in which 
case the committees are empowered to imprison the offender or offenders 
in the common gaol or gaols within this State, there to remain without 
bail until a proper court shall be established in this State to try him or 
them. 

Extract from the minutes, 

By order. Jonas Fay, Setfy. 

A true copy, 

Attest, Leonard Spaulding. 1 

1 Mr. Spaulding was the delegate from Dummerston. At a preceding 
session of the Convention, in Sept. 1776, he had been appointed, with 
Samuel Fletcher, " to notify Townshend, Putney, New Fane and Dum- 
merston," which seems to have been done by furnishing written copies 
of the proceedings of the Conventions. There was then no printing 
office in the State. 



THE CONVENTION AT WINDSOR, 

JULY 2-8, 1777. 



Of this Convention — unsurpassed in importance by any other in the 
State, in that it established a constitution and frame of government — 
no official record, and no full and satisfactory unofficial account even, has 
ever been published. Dr. Williams, the earliest historian of Vermont, 
[1794,] wrote his history when many of the members of the Convention 
were living, but the only allusion he makes to that body consists of the 
facts that it was sitting at Windsor on the 4th of July, 1777, and " their 
committee wrote in the most pressing terms, July 8, [3,] to the Commit- 
tee of Safety at Exeter, in New Hampshire, for assistance 1 ' against the 
invasion by a British force. 1 

Ira Allen was a member of the Convention, and certainly was so fa- 
miliar with all that occurred in it that he could have given a detailed 
account, but in 1798 he wrote a few lines only as a record, as follows: 

A draft of a constitution was laid before the Convention, and read. 
The business being new, and of great consequence, required serious de- 
liberation. The Convention had it under consideration when the news 
of the evacuation of Ticonderoga arrived, which alarmed them very 
much, as thereby the frontiers of the State were exposed to the inroads 
of an enemy. The family of the President of the Convention, as well 
as those of many other members, were exposed to the foe. In this aw- 
ful crisis the Convention was for leaving Windsor, but a severe thunder- 
storm came on, and gave them time to reflect, while' other members, less 
alarmed at the news, called the attention of the whole to finish the Con- 
stitution, which was then reading paragraph by paragraph for the last 
time. This was done, and the Convention then appointed a Council of 
Safety to act during the recess, and the Convention adjourned. 2 

William Slade [1823,] and Zadock Thompson, [1824, J842, 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. 
8 Vt. Hist. Soc. Coll , vol. i, p. 383. 



Convention at Windsor, July 2-8, 1777. 



63 



B. H. Hall [1858] added one fact, viz: "a right to the county jail at 
Westminster was, however, reiterated, and the orders were issued to a 
sergeant and six men to guard it both by night and day, and to permit 
no one to advance withing six feet of the gratings, or to approach the 
jail door." 1 

The late Kev. Pliny H. White, of Coventry, gave the results of much 
research in an interesting address delivered before the Vermont Histor- 
ical Society, July 2, 1863. 2 Mr. White added several particulars, and first 
a list of twenty-four of the members, sixteen having been ascertained by 
the late Leonard Deming of Middlebury, and eight by Mr. White. 
The list is as follows: 



Bar net, 
Ben- 
nington, 

Brad- 
ford. 

Chester, \ 

Danby, ■] 

Guilford, 
Hartford, 
Marlboro, 



Alexander Harvey. 
Jonas Fay, 
Joseph Safford. 

Benja. Baldwin, 
Bildad Andrus. 

Thos. Chandler, 
Jabez Sargent. 

Thos. Chittenden, 
William Gage. 
Benjamin Carpenter. 
Joseph Marsh. 
Francis Whitmore. 



New- 
bury, 
Pomfret, 

Poultney < 

Boch- 
ingham, 
Rutland, 
Sunder- 
land, 
Tin- 
mouth, 
Pownal, 



( Jacob Bayley, 
{ Reuben Foster. 

John Throop. 

W m - Ward, 

Nehemiah Howe. 
J Joshua Webb, 
( Reuben Jones. 

Joseph Bowker. 



) Timothy Brownson. 

< Ebr Allen, 
I Charles Brewster. 
Joseph Williams. 



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

Danby, Thomas Rowley. 3 ; Wilmington, William Williams, prob- 

Benning- J John Burnham, 4 ably. 1 

ton, I Nathan Clark, probably* \ Dummerston, Lt. Leonard Spauld- 
Clarendon, Benj. Spencer, probably. 5 \ in ^ probably. 6 

^ Cant Ira Allen 6 i Westminster, Nath'l Robinson, prob- 

Colchester, j ^ Heman J ^ Bn , My ? 

at. ju t. at • t ™; i. m ,„i Windsor, Ebenezer Hoisington, 

Shaftsbury, Maj. Jeremiah Clark,; ' vrobablv 10 

probably. 5 -* y ' 

Townshend, Samuel Fletcher, prob- \ Pom f ret > Jolm W " Dana ' P™*«bly.» 

ably. 1 I Cavendish, John Coffein, probably. 11 



1 Eastern Vermont, p. 298, apparently on the authority of a letter dated 
July 7, 1777, from Col. William Williams of Wilmington to Capt. John 
Sessions. As this letter was dated while the Convention was in session, 
it is probable Col. Williams was a member. He represented Wilmington 
in the legislature of Vermont in 1779. Wilmington was represented in 
the Convention of Sept. 25, 177G, by letter, and again Jan. 4. 1777, by 
Wm. Mellen delegate. It was also represented in the first legislature, 
March 1778, by Elijah Alvord. It is quite probable, therefore, that the 
town was represented in the Convention of July 1777. It could not send 



64 General Conventions. 

Mr. White adds :— 

The Convention was organized by choosing Joseph Bowker, Presi- 
dent; Joseph Marsh, Vice-President. Before proceeding to business 
the convention listened • to a sermon by Rev. Aaron Hutchinson of 
Pomfret. 

After sermon the Convention proceeded to the specific business for 
which it was elected, digressing from that to consider any other matter 
relating to the interests of the new State which seemed to require at- 
tention. 

Very early in the session their attention was called away from their 
more immediate business by a dispute!) from Col. Seth Warner, an- 
nouncing the advance of Burgoyne upon Ticonderoga, and calling for 
assistance. The dispatch was as follows : 

Rutland, July 1, 1777. 
To the Hon. the Convention now sitting at Windsor in the State of 

Vermont. 
Gentlemen : — Last evening I received an express from the general 
commanding at Ticonderoga, advising me that the enemy have come up 
the lake, with 17 or 18 gunboats, two large ships, and other craft, and lie 
at Three Mile Point. The general expects an attack every hour. He 
orders me to call out the militia of this state, of Massachusetts, and New 
Hampshire, to join him as soon as possible. I have sent an express to 
Col. Simonds. Col. Robinson and Col. Williams are at Hubbardton, wait- 
ing to be joined by Col. Bellows, who is with me. When the whole are 
joined they will amount to 700 or 800 men. I know not to whom to apply 
except to your honorable body, to call out the militia on the east side of 

a better man than Col. Williams. Every intelligent reader will of course 
understand that the seizure of the jail of Cumberland county was an en- 
forcement of the assertion of the jurisdiction of Vermont as against New 
York. 

2 Vt. Historical Soc. Collections, vol. I, p. 56—66. 

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

4 Vt. Historical Magazine, vol. I. p. 165. He was a member of the Con- 
vention of the 4th of June preceding. 

5 He was appointed by the Convention one of the Council of Safety, 
and was a member of the Convention of June 4. 

8 H. Hall's Early History of Vt., 454. 

7 He was a member of two previous conventions and of the first legis- 
lature. 

8 He was a member of four preceding Conventions and of the first leg- 
islature. 

9 He was a member of three preceding Conventions and of the first 
legislature. 

10 He was a member of three preceding Conventions. 

11 Both were members of the preceding June Convention, and of the 
first legislature. 



Convention at Windsor, July 2-8, 1777. 65 

the mountain. I shall expect that you will send on all the men that can 
possibly be raised, and that you will do all in your power to supply the 
troops at Ticonderoga with beef. Should the siege be long, they will be 
absolutely destitute, unless the country exert themselves. If 40 or 50 
head of beef cattle can be brought on by the militia, they will be paid for 
by the commissary on their arrival. The safety of the post depends on 
the exertions of the country. Their lines are extensive and but partially 
manned, for want of men. I should be glad if a few hills of corn unhoed 
should not be a motive sufficient to detain men at home, considering the 
loss of such an important post might be irretrievable. I am, gentlemen, 
with the greatest respect, your obedient and very humble servant. 

Seth Warner. 
P. S. I am this moment a going to mount my horse in company 
with Col. Bellows for Ticonderoga. I left Col. [Moses] Robinson at Hub- 
bardton this morning. That you may have wisdom to conduct in the 
business for which you are called together is the prayer of 

S. W. 

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

State of Vermont, 
In General Convention, Windsor, 3 d July, 1777. 
Gentlemen: — This House enclose to you a Copy of a Letter just re- 
ceived from Col° Warner by which your honors will learn the situation 
of the army in the northern department at that time. You will observe 
by that, that we have no knowledge that any Express has been sent you. 
Therefore as the matter nearly concerns the Liberties of the United States 
in General, this House natter themselves that their forwarding this in- 
telligence may not prove unacceptable. 

The Militia from this State are principally with the officer Command- 
ing the Continental Army at Ticonderoga, the remainder on their march 
for the relief of that distressed Post. It appears to this House from the 
various informations from thence, and the personal acquaintance of many 
of the members thereof, of the particular circumstances which attend 
our friends there at this present time, that every prudent Step ought to 
be immediately taken for their relief. 

Your honors' Wisdom will doubtless be sufficient for your Conduct. 
Wishing a lasting peace and friendship, We have honor to be Gentlemen 
with sincere Sentiments of Respect your most 

Obed* Hum ble Servants. 
By order of Convention. 

Joseph Bowker, President. 
Superscribed : 
To the Honorable the General Assembly or Council of War at Exeter, 
State of New Hampshire. 
From General Convention in the State of Vermont. 

Having adopted such measures as seemed advisable to reinforce the 
beleagured fortress with men and provisions, the convention proceeded 
to consider the proposad constitution. It remained in session till the 
8th of July, when its deliberations were interrupted by the arrival of a 
dispatch from General St. Clair, returning his earnest thanks for their 
exertions in behalf of Ticonderoga, but announcing the evacuation of 
that place on the morning of the 6th of July, the pursuit of the retreating 
Americans by the British and the attack upon Warner at Hubbardton 
on the morning of the 7th of July; the disastrous result of which was 



66 General Conventions. 

not known at the time of writing. 1 This occasioned great alarm and 
anxiety. The families of many of the members, that of the President in- 
cluded, were within the very line of march of the triumphant enemy, 
and the first impulse was to leave the business unfinished, and fly to the 
defense of their homes. 

A furious thunder storm however compelled them to remain for a 
while, and gave them time to conclude their business, though in a some- 
what hurried way. The constitution was read for the last time and unan- 

1 General St. Clair to the President of the Vermont Convention at Windsor. 

Col° Mead's, at Otter Creek, ? 
July 7th, 1777. ] 

Sir, — I was honored with your favor of the 2d Instant this Day. The 
Exertions of the Convention to reinforce us at Ticonderoga merit my 
warmest thanks tho' they have been too late to answer the good purpose 
they intended. Finding that the Enemy were ready for the attack, and 
that it was morally impossible we could maintain the Post with an hand- 
ful of Troops, & at the same time considering how necessary to the 
States it was to preserve our army, small as it is, it was determined in a 
Council of the General Officers that the Posts on Ticonderoga and Mount 
Independence should be evacuated, and a retreat attempted to Skeens- 
borough by the way of Castleton, and that everything we could remove 
with the sick, should be sent by water to the same place, covered by the 
armed Vessels. This was accordingly attempted the night of the sixth, 
and in part executed, tho' not as perfectly as I could have wished with 
respect to the stores, owing to the Confusion that naturally attends 
operations in the night, and to the want of that regularity that nothing 
but discipline and experience can give Troops, and just at break of day 
the army got on their march unperceived by the Enemy, altho' they were 
all round us, and should have effected it perfectly had it not been for the 
burning of a House, whether from accident or want of thought I cannot 
say, but it served to inform the Enemy of our Retreat, and a party of 
them were on the Mount before the whole of our people had got off of it. 
They did not attempt however to pursue us, but only fired a few shots 
from the Height which did us no damage. We pursued our Route to 
Castleton, which we reached last night with the main Body, having met 
on our way a party of the Enemy who had been collecting. Cattle in the 
Country. These were immediately dispersed, and a few Prisoners taken. 
Colonel Warner with about a thousand men stopped six miles short of 
Castleton where he was attacked this morning. The event of the action 
I cannot as yet ascertain — the accounts are so various from the persons 
who have come in ; but I believe it was pretty severe on both sides. I 
am now on my march to Bennington, which place I am obliged to make, 
on account of Provisions, the Enemy having last night possessed them- 
selves of Skeensborough, of which I got intelligence this morning, which 
determined me to take the road for that place, and there 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 ttuw myself betwixt the Enemy and the Inhabitants, and pre- 
vent Mr. Burgoyne from penetrating into the Country. 

I am, Sir, your very Humble Servant, A R St. Clair. 

I must beg that all the Flour that can be got may be sent forward. 

I have wrote to the first commanding Officer of the militia to take the 
shortest road to Bennington with directions to send the same orders to 
such others as may be already on this side No. 4.— Vt. Hist. Col. Vol. i. 
p. 174. 



Convention at Windsor , July 2-8, 1777. 67 

imously adopted. It was also ordered that an election, under the con- 
stitution, should be held in December, 1777, when representatives should 
be elected to a general assembly, to meet at Bennington in January, 
1778. Joseph Marsh, Joseph Williams and Timothy Brownson 
were appointed a committee to procure a supply of arms for the state, with 
instructions to draw them, if possible, from govermental arsenals, but with 
authority to pledge the credit of the state to the amount of four thousand 
pounds, if it were found necessary to purchase. A Council of Safety was 
appointed to administer the affairs of the state until some other provi- 
sion in that regard should be made. No list of the members of this 
Council is extant, but it is known that Thos. Chittenden, Ira Allen, 
Moses Robinson, Jonas Fay, Joseph Fay, Paul Spooner, Nathan 
Clark, and Jacob Bayley, were of the number. 1 

The resolution of the Convention on the supply of arms, referred to 
by Mr. White, was as follows : 

State of Vermont, ) 
In Convention, Windsor, July 8th, 1777. S 
Resolved, that Col. Joseph Marsh, Col. Wm. Williams and Col. Tim- 
othy Brownson be appointed Contractors to procure a sufficient Quan- 
tity of Arms for this State as the exigency of the same shall require, draw- 
ing them if possible out of some Continental stores, giving such security 
for the same in behalf of this State as their wisdom may direct, and that 
they be impowered for the same purpose (if they cannot be so drawn) to 
hire not exceeding four thousand pounds, for which they are to give their 
obligation in behalf of this State, and that they make an exact return of 
their doings herein to this Convention, or in their recess to the Council 
of Safety for this State. 

By order of the President, 

Jonas Fay, Secretary. 

The original number of the Council according to Gen. Stark, was 
twelve. 2 This corresponds with the number of the committee appointed 
by the Dorset Convention of Sept. 25, 1776, to attend the next Conven- 
tion — of course as advisers or councillors, — and also with the number of 
the governor's council fixed in the constitution. Of this number the 
Rev. Pliny H. White has given eight undoubted names. To that list 
Hon. Hiland Hall has assented with the reservation that no evidence 
exists of the membership of Joseph Fay other than the fact that he 
was secretary of the Council. 3 The editor regards that fact, however, as 
very strong evidence. The first secretary was Ira Allen, a member 
of the Council, who served in the office until September 6, 1777, when 
Joseph Fay was elected to succeed him. Fay was at hand to enter upon 
the office; and he did so, as the record shows, on that day. To this it must 
be added that when a deputy secretary was appointed, a member of the 
Council was selected. The office was one of high dignity, correspond- 

1 For Mr. White's address in full, and Mr. Hutchinson's sermon, see 
Vt. Hist. Soc. Collections, vol. I, p. 56 — 101. 

a Gen. John Stark to the Connecticut Courant, Aug. 18, 1777, in Vt. 
Hist. Soc. Collections, vol. I, p. 228. 

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



68 General Conventions. 

ing to the office of Secretary of State, which title Ira Allen assumed, 
and it was accorded to him by some officers of other states. The 
signature of the Secretary was recognized as of equal authority with that 
of the President. The duties of the Council were, many of them, so very 
delicate and confidential in their character that it is hardly possible to 
conceive that any person would be permitted to hold that office who was 
not amply qualified by talents, judgment and character, to be a member 
of the board. Mr. Fay was thus fitted, and eminently so: he was 
counted worthy of being the agent of the State to Congress, and accom- 
plished and discreet enough to be entrusted (in company with Ira 
Allen) with the Haldimand correspondence. While, then, Vermont 
had no men to spare for offices which are merely clerical, why should not 
the Council economize by appointing one of its own number for the 
second Secretary, as it did for the first ? Assuming, then, that Joseph 
Fay was a member of the Council, the number thus far ascertained is 
eight. To this number is to be added Benjamin Spencer of Claren- 
don, on the authority of a letter from the Council, by Paul Spooner, 
deputy secretary, to Brig. Gen. Bayley, dated August 11, 1777. This let- 
ter announced that " Esq. Spencer" had joined the enemy. 1 To fill this 



1 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 
New York in 1773. He was, says Ira Allen, u an artful, intriguing 
and designing man." He certainly was zealous in furthering the inter- 
ests of New York to such a degree as to require severe measures from 
the Vermont leaders. Accordingly they visited Clarendon with a large 
body of men, in the autumn of 1773, and warned Spencer to desist on 
penalty of suffering violence. He and other New York officers in the 
neighborhood persisted in issuing writs, &c, against the New Hamp- 
shire grantees, and a second visitation was made, and Spencer was ar- 
rested. The people assembled to witness the scene to be enacted, when 
Ethan Allen addressed the crowd, announcing that "the proprietors of 
the New Hampshire Grants had appointed himself, Seth "Warner, Re- 
member Baker and Robert Cochran to inspect and set things in order 
and to see that there should be no intruders on the Grants ;" adding 
that " Durham had become a hornets' nest," which must be broken up. 
" A judgment seat" was then erected, on which Allen, Warner, Baker 
and Cochran seated themselves as judges.^ At Spencer's request, how- 
ever, the trial was transferred to his own door, where he was required to 
stand up with uncovered head. He was then charged with "cudling 
with the land-jobbers of New York to prevent the claimants of the New 
Hampshire rights from holding lands" — with issuing warrants as a jus- 
tice of the peace contrary to the orders of Allen and company, and other 
acts as a New York magistrate — with reporting their proceedings to the 



Convention at Windsor , July 2-8, 1777. 69 

vacancy Benjamin Carpenter of Guilford was appointed by the Con- 
vention at Windsor, Dec. 24, 1777, of which appointment Col. Carpen- 
ter was notified by a letter from the Council, by Jonas Fay, dated 10 
January, 1778. 1 

New York authorities, conveying land under a New York title, and with 
endeavoring to seduce and inveigle the people to be subject to the laws 
and government of the colony of New York. Spencer was found guilty 
on all these charges, his house was declared to be a nuisance which must 
be burnt, and he was required to promise that he would no longer act as 
a New York magistrate. Spencer objected that the destruction of his 
house and property would be cruelty to his wife and children, whereupon 
the court, upon Warner's suggestion, decided that the house should be 
spared, but the roof taken off, to be replaced again when Spencer would 
accept it under a New Hampshire title. To this he agreed, when the 
roof was taken off "with great shouting and much noise and tumult," 
and Spencer was discharged, promising not to act under New York. 
Other Yorkers in Clarendon were visited in like manner, with salutary 
effect, and then Ethan Allen adroitly and justly pledged the Green 
Mountain Boys to protect those Yorkers, who would quiet their titles by 
covering the New York grants with New Hampshire grants, from any 
exactions which might be attempted upon them on these forced purchases, 
— offering them the land "at a reasonable rate, as new lands were valued 
at the time you [they] purchased them" originally. By this process 
Spencer was reconciled to the new state, so that he accepted the posi- 
tion of delegate in the Convention at Windsor, June 4, 1777, pledging 
himself to stand by the new state and "to resist by arms the fleets and 
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 personal safety with 
the enemy at Ticonderoga, and, it is said, died at that post a few weeks 
afterward.— Early History, pp. 169, 170, 172-177, 258. 

In his address to the Legislature, printed in 1808, (and quoted in the 
appendix to D. P. Thompson's Address, 1850,) Ira Allen said : 

Abel [Benjamin] Spencer of Clarendon, who had been a stickler for 
New York, had been suddenly converted to an advocate for a new State, 
and so ingratiated himself as a good whig, that he was elected a member 
of the Council of Safety. Mr. Allen declared he would not take a seat in 
the Council if Spencer did; and that he should not be surprised if Spencer 
should go to Burgoyne's camp, which he did, and died with the British 
soon after. 

There were two Spencers known to Allen, and both went to the enemy 
— Abel for a short time. He was tried, convicted, and fined. Afterward 
he became a very prominent man, much in public service. Allen's mem- 
ory was in fault. 

1 See letter of that date, post. 



?0 G-eneral Conventions. 

There is still to be added, on the authority of Ira Allen, member 
and first secretary of the Council, the name of Capt, Heman Allen, 
who, about that period, resided at Bennington, Arlington, or Sunder- 
land, at his convenience, though his intended home probably was Col- 
chester. He died May 18, 1778. 1 

Still another name is to be added on the authority of Hon. Myron 
Clark of Manchester, to wit : that of Maj. Jeremiah Clark of Shafts- 
bury. Myron Clark was a grandson, and lived in the Major's family 
from the age of ten years till he was sixteen. He has recorded the tra- 
dition of the family 2 in full faith of its accuracy, as none will doubt who 
know the character of the man. 

The number of members of the Council thus ascertained, — on author- 
ity which can hardly be contradicted, even if in some points it is not en- 
tirely satisfactory, — is eleven. The twelfth member is most probably to 
be ascertained from the list suggested by the Rev. Mr. "White, as fol- 
lows : 

There is good reason to believe that Samuel Robinson, Matthew 
Lyon, Thomas Rowley, Gideon Olin and Benjamin Carpenter were also 
members. 8 

Col. Carpenter is of course to be omitted from this list, as his name 
has already been included vice Spencer. If the remaining names in 
this list are added to the eleven already ascertained, then the total num- 
ber of the Council would be fifteen, which is three too many, The result 
is that only one name is wanted, either that of Samuel Robinson, or Mat- 
thew Lyon, or Thomas Rowley, or Gideon Olin. To make this selection 
a consideration of the position of each of these gentlemen at the time is 
indispensable. 

Samuel Robinson, of Bennington, was in full vigor of manhood in 
August, 1777, 39 years of age ; but he was full of work also which de- 
manded all his strength — his duties then being those of a captain of 
militia engaged in active fiell service, and overseer of tories and prison- 
ers, of which he had many on his hands as the fruits of the victory of 
Bennington. A large portion of the orders of the Council are addressed 
to him, touching these last offices. It is not very probable, certainly, 
that the duties of a member of the Council were superadded. 

Thomas Rowley, then resident of Danby, died in 1796, at seventy- 
five years of age, which would make him fifty-six in 1777. He was then 
chairman of the Committe of Safety of Danby. He was the poet of Ver- 
mont in his day, and zealously and effectively used his powers of wit and 
satire against New York ; but it is noticeable that he was clearly identi- 
fied with only one of the many great revolutionary movements in Ver- 
mont previous to 1777. By the Dorset Convention of Jan. 16, 1776, he 

l I. Allen's History of Vermont in Vt. Hist. Soc. Coll., vol. I, p. 388. 

2 Vt. Hist. Mag., vol. I, p. 236. 

8 Vt. Hist. Soc. Collections, vol. I, p. 63. 



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

was appointed, with Jonas Fay and Col. Wm. Marsh, to draw a peti- 
tion to Congress, and he was probably a delegate in that Convention, 
but from the record of that petition, as it is incorporated in the journal 
of the Convention of July 24 following, it appears that the petition was 
"per Jonas Fay, Ira Allen, Committee appointed." 1 A biographer 
of Mr. Eowley, in Vt. Hist. Mag., vol. I, p. 98, claims that he "partici- 
pated largely in the deliberations of those who declared Vermont a free 
and independent State, and aided in framing its first Constitution." This 
implies that he was a member of the Windsor Convention of July, 1777, 
and yet all the record evidence in his case up to 1777 has just been cited. 
Conceding that he may. have had all the qualifications needed as a 
member of the Council, which sat at Bennington almost constantly from 
July 28, 1777, to March 6, 1778, Mr. Kowley's residence and duties at 
Danby, as chairman of its Committee of Safety, militate seriously against 
the theory that he was a member of the Council. 

Maj. Gideon Olin was thirty-four years of age in 1777, and he had 
fine qualities for the office of Councillor, which were afterwards mani- 
fested by honorable service for thirty years in various and important offi- 
ces ; and yet the record shows that he had not fairly entered upon his 
public life until after the Council of Safety had ended its work. He was 
appointed Major June 6, 1778 — three months after the Council had closed; 
and in 1778 also he entered the General Assembly. 2 

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 Fay is given instead of "Joseph Fay," which 
was, possibly, a slip of the pen or an error of the press. In any event, 
the list embraces fourteen, which is too large a number. 3 In the absence 

1 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 Allen were 
the authors, chiefly, of the petition, and that it was drawn in anticipation 
of the Convention. Fay was chairman of the committee appointed to draw 
it, and also one of the agents selected to present it to Congress. Ira 
Allen was not in the habit of waiting for an appointment to act on 
such occasions. He was " the ready writer " of his day, and a willing 
one. 

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

8 Since the above was in type, the editor has received a letter from 
Mr. Read, dated .March 5, 1873, in which he says he does not recollect 
his authority, though he presumed it to be undoubted. He wrote with 
the Stevens' papers in his possession, but he suggests that he may have 



72 General Conventions. 

of all undoubted authority, the probability of Lyon having been a mem- 
ber must be deduced from known facts concerning him at the time. He 
went into Arlington to reside in 1777, with Thomas Chittenden and 
John Fassett, jr., not to become permanent residents, but for the 
express purpose of overthrowing the power of the Tories in that town. 
Lyon had before lived with Chittenden, and now they took opposite 
houses and constructed a vault between the two as a prison for Tories. 
John Fassett, Jr.. was also in the immediate neighborhood, and Ira 
Allen was only three miles off. Capt. Heman Allen is not named, 
but he certainly could not be very far from Ira. Here, then, were cer- 
tainly three members of the Council of Safety : why should not Lyon 
— a recognized associate with all the rest, not many years after becoming 
the son-in-law of Chittenden, — why should not Lyon be the fourth 
member of the Council located in this most important strategetical 
point? His character as a bold and energetic man, his intense patriot- 
ism, and his talents, were equal to the position. His age was thirty-one, 
being five years the senior of Ira Allen. A fact of some moment is, 
that shortly after, in 1778, Lyon was elected deputy Secretary of the 
Governor and Council, when seven members of the Council of Safety 
were in that body. He was deputy Secretary of the Council often, and 
Secretary of the Board of War. This shows not only that his aptitude for 
public affairs was recognized, but also that he was entrusted with the se- 
crets of the Council, which was then acting as a Council of Safety and Board 
of War. Assuming, as it is certainly safe to do, that Lyon was qualified 
for the place, his close relations with Chittenden and the 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 Read all include Lyon in the Council, and yet their lists prove 
too much, by giving too many members. In Vt. Hist. Soc. Collections, 
vol. ii, pp. 135-7, are the reports of British agents, who speak of Lyon as 
expressing to them the views of the Governor and his Council ; and 
one of them says he [Lyon] was "one of the Council." Lyon was never 
a member of any " Council," unless it was the Council of Safety, which 
closed more than two years previous to these reports. He did act at 
times as Secretary of the Governor and Council. Probably this evi- 
dence is valuable only as it shows that Lyon was in the confidence of the 



Convention at Windsor, July 2-8, 1777. 73 

gested, was the twelfth member of the Council of Safety. There was, per- 
haps, one man in Eastern Vermont who might be as reasonably 
suggested but for one consideration, — and that was Joseph Marsh. 
The fatal objection is, that he could not attend without abandoning his 
family and business for months. The great point of danger was in and 
near Bennington county ; there the Council must constantly sit to be 
effective, and there it actually did sit for nearly eight months, and until 
within a week of the state organization which superseded it. Another 
name might have been suggested in western Vermont, that of John 
Fassett, Jr. ; but with his military duties, and the exactions upon his 
time and energies as Commissioner of Sequestration, he had full enough 
to do. 

It is remarkable, the editor must confess, if Lyon was a member, that 
the fact should not somewhere appear from his own declarations, or from 
unquestioned contemporary sources. The truth, however, is, that records 
and traditions, thus far preserved, both of the Windsor Convention and 
the Council of Safety, are fragmentary : the records prove nothing as to 
three of the members. If Lyon is to be rejected for want of official evi- 
dence, so are Heman Allen and Jeremiah Clark, at least. The 
claims of each of these rest either upon assertion simply, or upon known 
facts which raise a reasonable presumption of membership. The official 
record of the Council of Safety proves the following eight members only, 
and that by the offices they held — the office of Secretary not furnishing, 
in itself alone, absolute proof : 

Thomas Chittenden, President. 

Jonas Fay, Vice President. 

Moses Robinson, Presideyit 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 evidence, there remain four members, to wit : 
Heman Allen, Jacob Bayley, 1 Jeremiah Clark, and Matthew 
Lyon. The assertion of Ira Allen, that Heman Allen was a mem- 
Governor and Council, and thoroughly apprised of its most secret trans- 
actions. Gov. Hall concurs fully with the editor of this volume in 
omitting the names of Samuel Robinson, Thomas Rowley, and Gideon 
Olin from the roll of the Council of Safety. 

1 The official letter of the Council, in which Gen. Jacob Bayley and 
" Squire [Benjamin] Spencer" are named as members, is a part of the 
missing record which has been recovered from other sources. It is un- 
doubtedly genuine, but of course is not strictly record evidence. The 
record does show, however, that Mr. Bayley was appointed on a com- 
mittee by the Council in September, 1778. 

7 



74 General Conventions. 

ber, is equivalent to record evidence, and so is the letter by the Council 
to Gen. Bayley, leaving only two who should be added and recorded 
as members probably, to wit : Jeremiah Clark and Matthew Lyon. 
It is reasonable to suppose that the gentlemen who had performed 
successfully the delicate and arduous duties of the Council of Safety from 
July '77 to March '78, would be retained in public service on the organi- 
zation of the government under the constitution, and specially in the 
first Governor's Council, which also acted as Council of Safety and Board 
of War. We do accordingly find the following : 

MARCH, 1778. 

1. Thomas Chittenden, Governor, 

2. Ira Allen, State Treasurer and Councillor. 

3. Nathan Clark, Speaker of the General Assembly. 

4. Joseph Fay, Secretary of the Gov. and Council. 

5. Jonas Fay, 

6. Jeremiah Clark, 

7. Benjamin Carpenter, V Councillors. 

8. Paul Spooner, 

9. Jacob Bayley, 

10. Moses Robinson, 1 

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 Fay, Secretary of State. 
It will thus be seen that every person then living, who is supposed to 
have been a member of the Council of Safety, was assigned to an honor- 
able position within the first seven months of the existence of the State 
government. Heman Allen, the only exception, died May 18, 1778. 

Hiland Hall [1868] added a few facts in addition to those already 
noted. President Bowker, after having written by order of the conven- 
tion to New Hampshire for aid, "also wrote to Gen. St. Clair, informing 
him of what they had done." " The efforts of the Vermont Convention 
for the relief of Ticonderoga were duly appreciated by Gen. St. Clair." 
In a letter dated at Col. Mead's, (Rutland), July 7, addressed to the Presi- 
dent of that body, he gives a brief explanation of the necessity he was un- 
der to evacuate that post, and says: " The exertions of the Convention to 
reinforce us at Ticonderoga merit my warmest thanks, though they have 
been too late to answer the good purpose they intended." 2 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." 3 Mr. Hall further added: 



1 See Roll of the first Council, and note, post. 
* See ante y p. 66. 

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

Colonel Marshe's, July 9th, 1777. 
Sir, — I have just now received a Letter from General Schuyler direct- 
ing that Col°- Warner's Regiment, with the Militia of your State, should 



Convention at Windsor, July 2-8, 1777. 75 

The Convention also voted to establish a loan office, and appointed 
Ira Allen its trustee, as we learn from an advertisement in the Connec- 
ticut Courant, of August 18th, 1777, in which Mr. Allen over his signa- 
ture as trustee informed the public " that agreeably to a resolution of the 
Convention," he had opened a loan office at Bennington, where those 
disposed to lend any sum amounting to ten pounds might receive secu- 
rity in behalf of the state, payable in one or more years with interest at 
six per cent, per annum. 

After due deliberation, the Convention adopted a constitution for the 
government of the new state, directed the first election for state officers 
to be holden the ensuing December, and the legislature to meet at Ben- 
nington the succeeding January. The Convention appointed a Council 
of Safety to manage the affairs of the state until the government should go 
into operation under the Constitution, and then, on the 8th day of July, 
after a session of six days, adjourned. 1 

be left for the Protection of the People, and I have, by this Conveyance, 
wrote to the Colonel to acquaint him thereof. The General also desires 
that all the Cattle may be drove further down than where it may be 
thought proper that Col° Warner take Post, and that all the Carriages 
that may be of use to the Enemy be brought off or destroyed. He also 
desires that all the Cattle in the Condition for Killing may be sent on by 
a safe route to Fort Edward, where he now is with some Continental 
Troops and Militia. A large reinforcement from Peekshill is on their 
March from Albany to join him, and if I can be supplied with provisions 
at Manchester, I shall also join him with the utmost expedition, where 
we shall have force sufficient to check the progress of the Enemy. Your 
Convention have given such proofs of their readiness to concur in any 
measure for the public safety, that it would be impertinent to press them 
now ; I will only repeat the request that I made before that the Militia 
from the Eastward Marching [to] No. 4 may be directed to take the 
shortest route to Join the Army. 

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

To Jonas Fay, Sec'y to State Vermont. 

P. S. Previous to the receipt of your Letter of the 6th inst. I had 
directed the Militia of your State that were with me to remain at Rut- 
land for the protection of the People until your Convention should direct 
otherwise and am pleased to find myself in Sentiment with them, and 
with General Schuyler. The Militia that can be raised in your Country 
will I think keep the people in security, for in my opinion they have lit- 
tle to fear except the Depredation of a few Indians. Fort Ann was at- 
tacked the day before yesterday and the Enemy repulsed with consider- 
able loss. 

True Copy, Examined by Israel Allen, Setfy. 

See Vt Hist. Soc. Col, Yol. I, p. 178. 

1 Early History of Vt, 254-257. 



76 General Conventions. 

SECOND SESSION OF THE CONVENTION AT WINDSOR, 
DECEMBER 24, 1777. 



u The journals of the several sittings of the Convention are not to be 
found." So wrote William Slade in 1823. He recited the order of the 
July Convention, for the first election under the Constitution in De- 
cember, 1777, noted its failure, and added: " The Convention was there- 
fore summoned by the Council of Safety to meet at Windsor on the 24th 
of December, 1777. They met, revised the Constitution, and postponed 
the day of election until the first Tuesday of March, 1778, and the sitting 
of the Assembly until the second Thursday of the same month." 1 

Ira Allen was of course a member, as he was appointed to procure the 
printing of the Constitution. His statements, as to the difficulties en- 
countered and motives that ruled this Convention at both sessions, indi- 
cate that he must have been present and active at both. His account is 
as follows : 

Now 2 many of the citizens of Vermont returned to their habita- 
tions. The Council of Safety again paid attention to the constitution, 
and made a preamble, stating the reasons why the citizens had rejected 
all connections with New York; but as there was not time, before the 
day assigned for the election, to print and publish the constitution, there- 
fore the Convention was summoned to meet at Windsor, in December, 
1777: they met, revised the constitution, and appointed the first election 
to be on the 12th day of March, 1778. One difficulty was discovered by 
some members of the Convention, who concluded the best way to evade 
it was, to keep it in as small a circle as possible ; the difficulty was, to 
establish the constitution without the voice of the people, further than 
was vested in the Convention by their credentials, that authorized them 
to form a constitution, but were silent as to its ratification, and they had 
no ancient government to predicate their claims upon; besides intestine 
divisions and different opinions prevailed among the people, and even in 
the Convention. To avoid discord, a large majority, in one instance, 
conformed to a minority, when deliberating on the articles of the consti- 
tution. As the people seemed inclined for a popular government, the 
constitution was so made, and for the better satisfying those who might 
choose any difference in the form of government, and as circumstances 
or increasing knowledge might make it necessary, a principle was estab- 
lished in the constitution, by which legal means might be taken to alter 
or amend the constitution once in seven years, agreeable to the will of 



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

8 After the surrender of Burgoyne and the withdrawal by Carleton of 
British forces south of Canada line. 



Second Session at Windsor, Dee. 24, 1777. 77 

the majority of the freemen of the State, which, if perpetuated, would 
transmit to posterity the same privileges of choosing how they would be 
governed, as the people of that day exercised from the inherent right of 
nature, without revolution or bloodshed. Had the constitution been then 
submitted to the consideration of the people for their revision, amend- 
ment, and ratification, it is very doubtful whether a majority would have 
confirmed it, considering the resolutions of Congress, and their influence 
at that time, as well as the intrigues and expence of the provincial 
Congress of New York, who endeavoured to divide and subdivide 
the people. Under these circumstances the Convention appointed 
Ira Allen to see the constitution printed and distributed before 
the election. Mr. Allen returned from Hartford, in Connecticut, a few 
days before the time of the general election, with the constitution print- 
ed, and dispersed it. There was one (or more) in each town who covet- 
ed the honour of being a member in the first general Assembly of the 
new State of Vermont. It was, therefore, their interest to induce their 
friends to attend the meeting, and take the freeman's oath. This was 
done, and representatives were elected, and attended the Assembly at 
Windsor, on the 12th of March, 1778, when and where the votes of the 
freemen for a Governor, a Lieutenant Governor, 12 Counsellors, and a 
Treasurer, were sorted and counted, and the persons who had the major- 
ity of votes for the respective offices, were declared dulv elected. 

Thus the constitution of the State of Vermont was put in force, and 
Bennington was the only town that objected against the constitution, 
for the want of a popular ratification of it. Only twenty-one freemen 
qualified in that town, who elected representatives for the first general 
Assembly, but as the people and the assembly approved of the constitu- 
tion, which was subject to a revision and amendment every seven years, 
the Bennington objection died away, and universal content has prevailed 
in the State. x 

This revelation suggests the probable reasons for the neglect of the 
Convention to publish a detailed account of its proceedings. Its work 
in July was incomplete ; the people of the state from the beginning of 
July until autumn were constantly alarmed; many had sought safety by 
joining the enemy, of which they subsequently repented; many more 
had taken their families to New Hampshire, Massachusetts, and Connec- 
ticut, and probably not a single town on the west side of the mountain 
north of Pittsford could hold an election until the inhabitants had re- 
turned. Aside from the objection, (likely to be popular,) that the Con- 
stitution had not been subjected to a vote of the people, it certainly was 
prudent to defer both an election and all discussion of the action of the 
Convention, until the Constitution could be printed and distributed. 
For these reasons probably the record of the Convention was not pub- 
lished. Thus the Constitution itself was left to herald whatever it 
had of merits or defects, and unfriendly discussion seems to have been 
generally avoided. While we have not an official record of the proceed- 
ings of the Convention, we have its chief work in the Constitution which 
it adopted. The editor cannot better close the account of the Conven- 

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



78 General Conventions. 

tions, 1 than by giving the following extract from Hiland Hall's Early 
History of Vermont, pp. 268-270. 

The constitution which had been framed by the convention of July, 
1777, provided for the holding of an election under it in the following 
December, and for the meeting of the assembly in January ; but owing 
to " the troubles of the war and the encroachments of the enemy," it was 
found impracticable to have it printed and circulated in season for such 
an election. The council of safety, in consequence, requested the presi- 
dent of the convention to call the members together again on the 24th of 
December. This was accordingly done, when the time for the first elec- 
tion was postponed until the first Wednesday in March, and the assem- 
bly was required to meet at Windsor, on the second Thursday of the 
same month. 

The constitution, which was now finally completed, was preceded by a 
preamble in which the reasons for separating from New York and form- 
ing a new government, were stated in some detail, but which, as they 
have already been substantially given, will not now be repeated. 

The constitution was in the main a copy of that of Pennsylvania, which 
had been earnestly recommended as a model by Dr. Thomas Young, the 
early friend of Vermont, and which was also understood to have the ap- 
proval of Dr. Franklin and other eminent statesmen. In some import- 
ant particulars, the Vermont constitution was an improvement upon that 
of Pennsylvania. This was especially the case in the first section of the 
declaration of rights, which announced, in formal terms, the natural rights 
of man, to life, liberty, and the pursuit of happiness. The convention 
added to this " glittering generality" a clause as follows- "Therefore, no 
male person born in this country, or brought from over sea, ought to be 
holden by law, to serve an} r person as a servant, slave or apprentice, after 
he arrives to the age of twenty-one years, nor female in like manner, 
after she arrives to the age of eighteen years, unless they are bound by 
their own consent, after they arrive to such age, or bound by law for the 
payment of debts, damages, fines, costs, or the like." Vermont was thus 
the first of the states to prohibit slavery by constitutional provision, a 
fact of which Vermonters may well be proud. 

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 3^ear. Every such per- 
son was also eligible to any office in the state. The legislative power 
was vested in a single assembly of members chosen annually by ballot 
by the several towns in the state. Each town was to have one rep- 
resentative, and those towns having more than eighty taxable inhab- 
itants, were entitled to two. The executive authority was in a governor, 
lieutenant governor and twelve councillors elected annually by ballot of 
the whole freemen of the state. The governor and council had no neg- 
ative power, but it was provided that " all bills of a public nature " before 
they were finally debated in the general assembly should be laid before 
the governor and council " for th»Jr perusal and proposals of amendment," 
and also "printed for the information of the people," and that they should 
not be enacted into laws until the succeeding session of the assembly. 
From this provision was excepted " temporary acts" which in cases of 
"sudden emergency" might be passed without being delayed till the next 
session. The difficulties of a literal compliance with this article were so 
great that it was found necessary, in the first instance, to treat nearly all 

1 The record of the Charlestown [N. H.] Convention of Jan. 16, 1781, 
is reserved for the Appendix. 



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

laws as temporary, and at the succeeding session to declare them perma- 
nent. In practice under this clause of the constitution, bills were allowed 
to originate in the council as well as in the house of assembly, and in 
cases ^)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 final disposition of any measure 
was according to the pleasure of the house, the advisory power of the 
council had a strong tendency to prevent hasty and inconsiderate legis- 
lation. This article continued a part of the constitution until it was re- 
vised in 1786, when the provision for printing and postponing the pas- 
sage of laws was expunged, and in addition to the advisory power of the 
governor and council, they were authorized to suspend the operation of a 
bill passed by the house until the next session of the legislature, when in 
order to become a law it must be again passed by the assembly. 

This article in the original constitution in regard to the mode of en- 
acting laws had been copied literally from the constitution of Pennsyl- 
vania, as was also a section which provided for the election by the free- 
men of the respective counties of "judges of inferior courts of common 
pleas, sheriffs, justices of the peace and judges of probate," who were to 
hold their offices " during good behaviour, removable by the general as- 
sembly upon proof of maladministration." The mode of choosing judges 
of superior courts was left to the discretion of the legislature, and they 
were always elected annually by joint ballot of the council and assembly; 
and on the revision of the constitution in 1786, it was provided that coun- 
ty officers should also be annually chosen in the same manner. This 
frame of government, thus modified, continued in operation long after 
the state became a a member of the federal union, furnishing the people 
with as much security for their persons and property as was enjoyed by 
those of other states, and allowing to each individual citizen ail the lib- 
erty which was consistent with the welfare of others. * 

1 For the constitution of 1777, see Slade's State Payers, p. 241, and 
post. For that of 1786, see statutes of 1787. For a history of the forma- 
tion of the first constitution, see Chipman's Memoir of Chittenden. See 
also Slade's State Papers, pp. 81, 221, and 511. 



THE FIRST 

CONSTITUTION 



OF THE 



State of Vermont, 

ADOPTED 

IN CONVENTION AT WINDSOR, 

at the sessions of 
July 2-8 and Dec. 24, 1777. 



INTRODUCTION. 



This Constitution, with the exception of the Preamble and of less 
than fifty lines of the " Declaration of Rights" and "Plan or Frame of 
Government, 1 ' is a copy of the first Constitution of Pennsylvania, which 
was framed in 1776 by a Convention of which Benjamin Franklin 
was the President. Of one material feature, in which it differed from all 
the other state constitutions of that period except of Pennsylvania and 
Georgia, Franklin was the author, and during his life a defender : this 
was the investment of a single body (the representatives of the towns and 
people, called the '* General Assembly,") with exclusive and supreme leg- 
islative power, giving to the Governor, Lieutenant Governor and Council 
advisory power only in the preparation and amendment of bills, and ex- 
ecutive power over laws and orders enacted by the General Assembly. 

The variations in the Constitution of Vermont, from that of Pennsyl- 
vania, are all additions ; and, to enable the reader to recognize them? 
these additions are all printed in Italic, leaving the remainder to stand 
as in the text of the Constitution of Pennsylvania. The most impor- 
tant additions, — which may be counted as the work mainly of Dr. 
Thomas Young, Ira Allen, Capt. Heman Allen, and Thomas 
Chittenden — are as follows : l 



1 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 Williams- 
town, (Mass.) and there with President Chittenden writing the Preamble 
to the Constitution, &c, from there to Bennington to confer with the 
Council [of Safety] respecting s'd Preamble — assisting to complete com- 
piling from manuscript the Constitution of the State, £7 10 
Expense money, 3 2 8 

1777, Nov. 20. To cash paid John Knickerbacor for 
copying the Constitution for the press, 18 

1777* Nov. 26. To 3 days going from Salisbury to 
Hartford to get the Constitution printed, 1 10 

See Thompson's Vermont, Part n, p. 107. 

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



84 First Constitution — Introduction. 

I. Slavery prohibited. — Art. I of the Declaration of Rights. 

II. Compensation secured for private property taken for public uses. — 
Art. II of the Declaration of Rights. 

III. Security of Protestants against civil disabilities on account of re- 
ligion, — Articles III of the Declaration of Rights, and Section ix of the 
Plan or Frame of Government. 

IV. The right to govern the internal police inherent in the people of the 
State solely. — Art. IV of the Declaration of Rights. 

V. JVb writ against the person or property of a debtor to issue unless 
the creditor shall make oath that he is in danger of losing his debt. — Art. 
XII of Declaration of Rights. 

VI. No person to be transported for trial out of the State for an of- 
fense committed within it. — Art. XIX of Declaration of Rights. 

VII. Form of Freeman's Oath. — Sec. vi of Plan or Frame of Gov- 
ernment. 

VIII. Provisions against the hasty enactment of laws of a public na- 
ture, and restriction of powers of the Governor and Council. — Sec. xiv of 
the Plan or Frame of Government. 

IX. General Assembly to regulate fishing, &c. — Sec. xxxix of Plan 
or Frame of Government. 

X. Vermont substituted for Pennsylvania wherever it occurs. 

Amendments of 1786. 

This Constitution was amended in several particulars by the Conven- 
tion holden at Manchester in June, 1786, the most important being the 
following : 

Additional Section. — The legislative, executive and judiciary depart- 
ments shall be kept separate and distinct, so that neither exercise 
the powers properly belonging to the other. 

Fourth Section of the Declaration of Bights. — The words "by their le- 
gal representatives" were added to the original section, so as to read as 
follows : 

That the people, by their legal representatives, have the sole, exclu- 
sive, and inherent right of governing and regulating the internal po- 
lice of the same. 

Fourteenth Section of the Plan or Frame of Government. — A substi- 
tute was adopted [being Sec. 16 in the Constitution of 1793] in these 
words : 



the committee to draft the Constitution. These were Jonas Fay, Thomas 
Chittenden, Heman Allen and Reuben Jones, all of whom, except Dr. 
Jones, were members of the Council of Safety, and would be likely to 
be present at the meeting in November when the Constitution was "com- 
piled" according to Mr. Allen's account above. 



First Constitution — Introduction. 85 

To the end that laws, before they are enacted, may be more maturely 
considered, and the inconvenience of hasty determinations as much as 
possible prevented, all bills which originate in the Assembly shall be 
laid before the Governor and Council, for their revision and concurrence 
or proposals of amendment ; who shall return the same to the Assembly 
with their proposals of amendment (if any) in writing ; and if the same 
are not agreed to by the Assembly, it shall be in the power of the Gov- 
ernor and Council to suspend the passage of such bills until the next 
session of the Legislature. Provided, that if the Governor and Council 
shall neglect or refuse to return any such bill to the Assembly, with writ- 
ten proposals of amendment, within five days, or before the rising of the 
Legislature, the same shall become a law. 

Amendments, 1793 to 1870. 

The principal amendments in 1793 were four new sections, numbered 
17, 18, 19, and 30, in the Constitution of 1793, severally providing that 
no money shall be drawn from the treasury unless first appropriated by 
act of legislature; that no person shall be eligible as representative 
until he has resided two years in the State, and one year in the town for 
which he is elected; that no member of the council or house of repre- 
sentatives shall, directly or indirectly, receive any fee or reward to bring 
forward or advocate any bill, &c, or advocate any cause as counsel in 
either house except when employed in behalf of the state; and no per- 
son shall be eligible as governor or lieutenant governor until he shall 
have resided in the state four years. 

The text of the Constitution, as it was left by the amendments of 1793, 
has been preserved entire until this time, and unchanged except by such 
marks and references as have been required to indicate the effect of sub- 
sequent amendments, which have been appended to the Constitution of 
1793, with necessary references. In order, therefore, to master in detail 
the various changes in the Constitution from the first, all that is neces- 
sary is a comparison of the original Constitution, in this volume follow- 
ing, with|the existing Constitution and amendments above indicated, 
and those found in the General Statutes of Vermont, and in the Vt. Legis- 
lative Directory since 1870. 

The Preamble. 

The preamble was drafted in November, 1777, by Ira Allen, com- 
pleted on consultation with the Council of Safety, and adopted by the 
Windsor Convention at its session in December, 1777. It first disap- 
peared from the Vermont statute books in Haswell's compilation of 1791, 
and did not reappear until a very recent date in the Legislative Directory. 
The editor is of opinion that it was omitted from the statute book in 
1791 without legal authority: that is, that it had never been rescinded by 
any formal vote in Convention. That the Convention of 1786 did not re- 
scind or annul the Preamble is evident first from a lack of any record of 
such an event, and second from the fact that the Preamble was published 



86 First Constitution — Introduction. 

with the Constitution in the Revised Statutes of the succeeding year, 1787. 
The next Convention was in 1793, and no record appears of any action 
on the Preamble by that Convention, or by the Council of Censors 
which called it to pass upon the amendments that were proposed. It is 
known, however, that the Convention of 1793 transcended the ordinance 
that called it, and in fact in a considerable degree revamped the Con- 
stitution, without restoring the Preamble which had been omitted in 
1791. As in the year 1790 the controversy with New York had been 
amicably settled, a generous courtesy doubtless dictated the suppression 
of a state document so distasteful to a reconciled foe, but still it seems 
to the editor that fidelity to history demands that the Preamble shall be 
preserved, and the facts as to its courteous suppression for much more 
than half a century should be recorded. 

The Origin of the Constitution. 

As the Constitution of Vermont was almost a copy, verbatim et litera- 
tim, of the Pennsylvania Constitution of 1776, it will be at least a mat- 
ter of interest to all, and perhaps of surprise to many, to know that the 
origin of the essential and marked features of the instrument lies nearly 
a century further back, in " The Frame of the Government of the Prov- 
ince of Pennsylvania, in America," granted by William Penn, with the 
authority of King Charles the Second, on the " five and twentieth 
day of the second month, vulgarly called April, 1 in the year of our Lord 
one thousand six hundred and eighty-two." Daniel Chipman recog- 
nized this fact, and gave copious extracts from Penn's ""Frame." 2 A 
selection from some of these extracts, and an abstract of others, will 
serve to show the close relation which Penn's "Frame of Government " 
bears to the "Plan or Frame of Government " of Vermont. 

Imprimis, That the government of this province shall, according to 
the powers of the patent, consist of the Governor and freemen of the said 
province in form of a provincial Council, and general assembly, [Ver- 
mont's Governor, Council, and General Assembly,] by whom all laws 
shall be made, officers chosen, and public affairs transacted, as is here- 
after respectively declared, that is to say — 

II. That the freemen of the said province shall, on the twentieth day 
of the twelfth month which shall be in this present year, one thousand 
six hundred eighty and two, meet and assemble in some fit place, of 
which timely notice shall be beforehand given by the governor and his 
deputy ; and then and there shall choose out of themselves seventy-two 
persons of most note for their wisdom, virtue and ability, [the Vermont 
phrase for representative is, " most noted for wisdom and virtue,"] who 
shall meet on the tenth day of the first month next ensuing, and always 
be called, and act as, the provincial council of the said province. 

1 March was the first month of the year among the Romans : and 
even in England, until 1752, the legal year began on the 26 th of March. 

2 Memoir of Thomas Chittenden, Chapter in. 



First Constitution — Introduction. 87 

The Councillors were divided into three classes of twenty-four each, 
one class being elected each year. The seventy-two Councillors were 
divided into four committees of eighteen, of which each class of Coun- 
cillors had three: to one committee being assigned plantations, cities, 
roads, posts and market-towns ; to another, justice and safety; to an- 
other, trade and treasury ; and to the fourth, manners, education and 
arts. 

VI. That in this provincial Council, the governor or his deputy, shall 
or may always preside, and have a treble voice, and the said provincial 
Council shall always continue and sit upon its own adjournments and 
Committees. 

In Vermont, the governor or lieutenant governor presided in the 
Council, and the Council sat upon its own adjournments, without regard 
to the General Assembly, and by its own committees, or jointly with the 
committees of the Assembly — most commonly the latter. 

VII. That the governor and provincial council shall prepare and 
propose to the general assembly, hereafter mentioned, all bills, which 
they shall, at any time, think fit to be passed into laws, within the said 
province, which bills shall be published and affixed to the most noted 
places, in the inhabited parts thereof, thirty days before the meetiug of 
the general assembly, in order to the passing them into laws, or reject- 
ing of them as the general assembly shall seem meet. 

This was the practice of the Vermont Council at the outset, and the 
preparation of bills formed a large part of its business. By section xiv 
of the Plan or Frame of Government, no public bill could be passed by 
the General Assembly until it had been printed for the consideration of 
the people and laid over until the next session of the General Assembly, 
which ordinarily would be after another election of representatives. 
Theoretically, therefore, no public bill could be passed until the people 
had first had an opportunity of examining it and instructing their repre- 
sentatives. 

VIII. That the governor and provincial council shall take care that 
all laws, statutes and ordinances, which shall at any time be made within 
the said province, be duly and diligently executed. 

In Vermont, the Governor and Council was " to take care that the 
laws be faithfully executed."— See Sees, ill and xvm of the Plan or 
Frame. 

IX. That the governor and provincial council shall, at all times, have 
the care of the peace and safety of the province, and that nothing be by 
any person attempted to the subversion of this frame of government. 

Here was the germ of the Vt. Council of Safety of 1777-8, and of the 
action of the Governor and Council, afterward, as a Council of Safety. 

XII. That the governor and provincial council shall erect and order 
all public schools, and encourage and reward the authors of useful 
sciences and laudable inventions in the said province. 

In Vermont the duty of providing schools was put upon the "legisla- 
ture" instead of the governor and council alone, and the grades of schools 



88 First Constitution — Introduction. 

were specified, viz : common schools, grammar schools, and a university. 
— See Sec. XL of Plan or Frame. 

XIV. And, to the end that all laws prepared by the governor and 
provincial council aforesaid, may yet have the more full concurrence of 
the freemen of the province, it is declared, granted and confirmed, that 
at the time and place or places for the choice of a provincial council, as 
aforesaid, the said freemen shall yearly choose members to serve in a 
general assembly, as their representatives, not exceeding two hundred 
persons, who shall yearly meet, &c, [with the governor and council,] 
and on the ninth day from their so meeting, the said general assembly, 
after reading over the proposed bills by the clerk of the couneil, and the 
occasions and motives for them being opened b}*- the governor or his dep- 
uty, shall give their affirmative or negative, which to them seemeth best, 
in such manner as herein after is expressed. But not less than two- 
thirds shall make a quorum in the passing of laws, and choice of such 
officers as are by them to be chosen. 

Here is the germ of the annual election and session of the Vermont 
General Assembly. It is a fact that Penn's mode of procedure was fre- 
quently imitated in Vermont, the Governor and Council meeting and 
advising with the House or General Assembly on important occasions. 
In one instance, Gov. Chittenden himself introduced a bill to the House 
— a bill to establish Chittenden County. 

XV. That the laws so prepared and proposed, as aforesaid, that are 
assented to by the general assembly, shall be enrolled as laws of the 
province, with this style : " By the governor, with the assent and appro- 
bation of the freemen in provincial council and general assembly.'''' 

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 impeaehed, to pass bills into 
laws, and till such time as the governor and provincial council shall de- 
clare that they have nothing further to propose unto them, for their as- 
sent and approbation ; and that declaration shall be a dismiss to the 
general assembly for that time, which general assembly shall be, not- 
withstanding, capable of assembling together upon the summons of the 
provincial council, at any time during the year, if the said provincial 
Council shall see occasion for their so assembling. 

In Vermont, the Council and Assembly adjourned without day by 
agreement ; but the custom was and is for each house to inquire whether 
the governor has any further business to communicate. Special ses- 
sions of the assembly were called by the Governor and Council under 
the first Constitution — and are by the governor now. — See Sec. xvin of 
the Plan or Frame of the first Constitution ; but 8 of the amendments 
to the present Constitution, which covers Sec. 11 of the Constitution 
of 1793. 

XX. That all the elections of members, or representatives of the 
people, to serve in provincial council and general assembly, and all ques- 
tions to be determined by both, or either of them, that relate to passing 
of bills into laws, to the choice of officers, to impeachments by the pro- 
vincial council, and to all the cases by them respectively judged of im- 



First Constitution — Introduction. 89 

portance, shall be resolved and determined by the ballot ; and unless on 
sudden and indispensable occasions, no business in provincial council or 
its respective committees, shall be finally determined the same day that 
it is moved. 

See Constitution of Vermont, "Plan or Frame of Government," Sec- 
tions xiii and xxix, and the rules of the present Senate and House 
as to the third reading of bills. 

XXIII. That no act, law, or ordinance, whatsoever, shall at any time, 
hereafter, be made or done by the governor of this province, his heirs or 
assigns, to alter, change, or diminish the form or effect of this charter, 
or any part or clause thereof, or contrary to the true intent and mean- 
ing thereof, without the consent of the governor, his heirs or assigns, 
and six parts of seven of the said freemen in provincial council or general 
assembly. 

Widely different in form as is the forty-fourth section of the Vermont 
Plan or Frame, yet in it are distinct traces of the foregoing. Vermont 
required the assent first of a council specially elected, (the Council of 
Censors,) instead of the Governor and Council, and finally of the free- 
men through a general assembly specially elected, (the Convention,) in- 
stead of the legislative assembly. A majority of the Convention could 
adopt changes, instead of six sevenths being required as in Pennsyl- 
vania ; but the six sevenths feature is recognized nevertheless, for in 
Vermont no 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 first 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 community, as such, and to enable the 
individuals who compose it, to enjoy their natural rights, and the other 
blessings which the Author of existence has bestowed upon man ; and 
whenever those great ends of government are not obtained, the people 
have a right, by common consent, to change it, and take such measures 
as to them may appear necessary to promote their safety and happiness. 

And whereas, the inhabitants of this State have, (in consideration of 
protection only) heretofore acknowledged allegiance to the King of Great 
Britain, and the said King has not only withdrawn that protection, but 
commenced, and still continues to carry on, with unabated vengeance, a 
most cruel and unjust war against them ; employing therein, not only 
the troops of Great Britain, but foreign mercenaries, savages and slaves, 
for the avowed purpose of reducing them to a total and abject submission 
to the despotic dominion of the British parliament, with many other acts 
of tyranny, (more fully set forth in the declaration of Congress,) where- 
by all allegiance and fealty to the said King and his successors, are dis- 
solved and at an end ; and all power and authority derived from him, 
ceased in the American Colonies. 

And whereas, the territory which now comprehends the State of Ver- 
mont, did antecedently, of right, belong to the government of New- 
Hampshire ; and the former Governor thereof, viz. his Excellency Ben- 
ning Wentworth, Esq., granted many charters of lands and corporations, 
within this State, to the present inhabitants and others. And whereas, 
the late Lieutenant Governor Golden, of New York, with others, did, in 
violation of the tenth command, covet those very lands ; and by a false 
representation made to the court of Great Britain, (in the year 1764, that 
for the convenience of trade and administration of justice, the inhabi- 
tants were desirous of being annexed to that government.) obtained ju- 
risdiction of those very identical lands, ex-parte ; which ever was, and 
is, disagreeable to the inhabitants. And whereas, the legislature of New- 
York, ever have, and still continue to disown the good people of this 



First Constitution. 91 

State, in their landed property, which will appear in the complaints here- 
after inserted, and in the 3bth section of their present constitution, in 
which is established the grants of land made by that government 

They have refused to make re-grants of our lands to the original pro- 
prietors and occupants, unless at the exorbitant rate of 2300 dollars fees 
for each township ; and did enhance the quitrent, three fold, and de- 
manded an immediate delivery of the title derived before, from New- 
Hampshire. 

The judges of their supreme court have made a solemn declaration, 
that the charters, conveyances, &c, of the lands included in the before 
described premises, were utterly null and void, on which said title was 
founded ; in consequence of which declaration, writs of possession have 
been by them issued, and the sheriff of the county of Albany sent, at 
the head of six or seven hundred men, to enforce the execution thereof. 

They have passed an act, annexing a penalty thereto, of thirty pounds 
fine and six months imprisonment, on any person who should refuse as- 
sisting the sheriff, after being requested, for the purpose of executing 
writs of possession. 

The Governors, Dunmore, Tryon and Colden, have made re-grants of 
several tracts of land, included in the premises, to certain favorite land 
iobbers in the government of New- York, in direct violation of his Bri- 
tannic majesty's express prohibition, in the year 1767. 

They have issued proclamations, wherein they have offered large sums 
of money, for the purpose of apprehending those very persons who have 
dared boldly, and publicly, to appear in defence of their just rights. 

They did pass twelve acts of outlawry, on the 9th day of March, A. D. 
1774, impowering the respective judges of their supreme court, to award 
execution of death against those inhabitants in said district that they 
should judge to be offenders, without trial. 

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

They have hired foreign troops, emigrants from Scotland, at two dif- 
ferent times, and armed them, to drive us out of possession. 

They have sent the savages on our frontiers, to distress us. 

They have proceeded to erect the counties of Cumberland and Gloces- 
ter, and establish courts of justice there, after they were discountenan- 
ced by the authority of Great Britain. 

The free Convention of the State of New-York, at Harlem, in the 
VQar 1776, unanimously voted, " That all quit-rents formerly due to the 
King of Great Britain, are now due and owing lo this Convention, or 
such future government as shall be hereafter established in this State." 

In the several stages of the aforesaid oppressions, we have petitioned 
his Britannic majesty, in the most humble manner, for redress, and have, 
at very great expense, received several reports in our favor ; and in 
other instances, wherein we have petitioned the late legislative authority 
of New-York, those petitions have been treated with neglect. 

And whereas, the local situation of this State, from New- York, at the 
extream part, is upwards of four hundred and fifty miles from the seat of 
that government, which renders it extream difficult to continue under 
the jurisdiction of said State, 

Therefore, it is absolutely necessary, for the welfare and safety of the 
inhabitants of this State, that it should be, henceforth, a free and inde- 
pendent State ; and that a just, permanent and proper form of govern- 
ment, should exist in it, derived from, and founded on, the authority of 
the people only, agreeahle to the direction of the honorable American 
Congress. 



92 First Constitution. 

We the representatives of the freemen of Vermont, in General Con- 
vention met, for the express purpose of forming such a government, — 
confessing the goodness of the Great Governor of the Universe, (who 
alone, knows to what degree of earthly happiness, mankind may attain, 
by perfecting the arts of government,) in permitting the people of this 
State, by common consent, and without violence, deliberately to form for 
themselves, such just rules as they shall think best for governing their 
future society ; and being fully convinced that it is our indispensable 
duty, to establish such original principles of government, as will best 
promote the general happiness of the people of this State, and their pos- 
terity, and provide for future improvements, without partiality for, or 
prejudice against, any particular class, sect, or denomination of men 
wiiatever, — do, by virtue of authority vested in us, by our constituents, 
ordain, declare, and establish, the following declaration of rights, and 
frame of government, to be the Constitution of this Commonwealth, 
and to remain in force therein, forever, unaltered, except in such articles, 
as shall, hereafter, on experience, be found to require improvement, and 
which shall, by the same authority of the people, fairly delegated, as this 
frame of government directs, be amended or improved, for the more ef- 
fectual obtaining and securing the great end and design of all govern- 
ment, herein before mentioned. 

CHAPTEE I. 

A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE 
STATE OF VERMONT. 

I. That all men are born equally free and independent, and have 
certain natural, inherent and unalienable rights, amongst which are the 
enjoying and defending life and liberty ; acquiring, possessing and pro- 
tecting property, and pursuing and obtaining happiness and safety. 
Therefore, no male person, born in this country, or brought from over sea, 
ought to be holden by law, to serve any person, as a servant, slave or ap- 
prentice, after he arrives to the age of twenty-one years, nor female, in like 
manner, after she arrives to the age of eighteen years, unless they are bound 
by their own consent, after they arrive at such age, or bound by lav), for the 
payment of debts, damages, fines, costs, or the like. 1 

x This was the first Emancipation Act in America. That it was not 
" a glittering generality " — as was the assertion of the equality of human 
rights in the declaration of national independence, and also in other 
state constitutions — appears from the following act of the General As- 
sembly of Vermont, passed October session 1786: 

AN ACT to prevent the sale and transportation of Negroes and Mu- 
lattoes out of this State. 

Whereas, by the Constitution of this State, all the subjects of this com- 
monwealth, of whatever colour, are equally entitled to the 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. 93 

II. That private property ought to be subservient to public uses, when 
necessity requires it ; nevertheless, whenever any particular man's property 
is taken for the use of the public, the owner ought to receive an equivalent in 
money} 

III. That all men have a natural and unalienable right to worship 
Almighty God, according to the dictates of their own consciences and 
understanding, regulated by the word of God ; and that no man ought, 
or. of right, can be compelled to attend any religious worship, or erect, 
or support any place of worship, or maintain any minister, contrary to 
the dictates of his conscience ; nor can any man who professes the protes- 
tant religion be justly deprived or abridged of any civil right as a citizen, 
on account of his religious sentiment, or peculiar mode of religious wor- 
ship, and that no authority can, or ought to be vested in, or assumed by. 

Be it therefore enacted, &c, that if any person shall, hereafter, make 
sale of any subject of this State, or shali convey, or attempt to convey 
any subject out of this State, with intent to hold or sell such person as a 
slave; every person so offending, and convicted thereof, shall forfeit and 
pay to the persons injured, for such offence, the sum of one hundred 
pounds, and cost of suit; to be recovered by action of debt, complaint or 
information. — See D. Chipman's Memoir of Chittenden, pp. 82,83; Slade's 
State Papers, p. 505. 

The first deed of emancipation recorded in Vermont, (none being nec- 
essary under the Constitution,) was based on the right of a captor, under 
a resolve of Congress, to dispose of prizes taken in war, as well as on 
the good conscience of Capt. Allen, and of the men under his command. 
It is as follows : 

Head Quarters, Pollet, 28 lb November, 1777. 
To whom it may concern know ye 

Whereas Dinah Mattis, a negro woman with Nancy her child of two 
months old was taken prisoner on Lake Champlain with the British 
troops somewhere near Col. Gilliner's patten [patent] the twelfth day of 
instant November by a scout under my command, and according to a 
resolve passed by the honorable the Continental Congress that all prizes 
belong to the captivators thereof 1 — therefore she and her child became 
the just property of the captivators thereof— I being conscientious that 
it is not right in the sight of God to keep slaves — 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 becometh, and to trade and to 
traffic for herself and child as though she was born free, without being 
molested by any person or persons. — In witness whereunto I have set my 
hand or subscribed my name. Ebenezer Allen, Capt. 

Bennington Town Clerk's Office, July 26, 1870. 
I certify that the foregoing is truly copied from Book No. 3 of said 
town records, recorded by Moses Robinson when town clerk. 

D. F. Squires, Town Clerk. 
See Vt. Historical Soc. Collections, vol. I, p. 249. 

1 The parts in Italic are the additions to or changes (often of name 
simply,) in the Constitution of Pennsylvania of 1776, to adapt it to Yer- 
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, every sect or denomination of people ought to 
observe the Sabbath, or the Lord's day, and keep up, and support, some sort 
of religious worship, which to them shall seem most agreeable to therevealed 
will of God. 2 

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

V. That all power being originally inherent in, and consequently, de- 
rived from, the people ; therefore, all officers of government, whether 
legislative or executive, are their trustees and servants, and at all times 
accountable to them. 

VI. That government is, or ought to be, instituted for the common 
benefit, protection, and security of the people, nation or community ; 
and not for the particular emolument or advantage of any single man, 
family or set of men, who are a part only of that community ; and that 
the community hath an indubitable, unalienable and indefeasible right 
to reform, alter, or abolish government, in such manner as shall be, by 
that 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 think proper, to reduce their public 
officers to a private station, and supply the vacancies by certain and regu- 
lar elections. 

VIII. That all elections ought to be free ; and that all freemen, hav- 
ing a sufficient, evident common interest with, and attachment to, the 
community, have a right to elect officers, or be elected into office. 

IX. That every member of society hath a right to be protected in 
the enjoyment of life, liberty and property, and therefore, is bound to 
contribute his proportion towards the expense of that protection, and 
yield his personal service, when necessary, or an equivalent thereto ; but 
no part of a man's property can be justly taken from him, or applied to 
public uses, without his own consent, or that of his legal representatives; 
nor can any man who is conscientiously scrupulous of bearing arms, be 
justly compelled thereto, if he will pay such equivalent ; nor are the 
people bound by any law, but such as they have in like manner, assented 
to, for their common good. 

X. That, in all prosecutions for criminal offences, a man hath a right 
to be heard, by himself and his counsel— to demand the cause and nature 
of his accusation — to be confronted with the witnesses — to call for evi- 
dence in his lavor, and a speedy public trial, by an impartial jury of the 
country; without the unanimous consent of which jury he cannot be found 
guilty ; nor can he be compelled to give evidence against himself; nor 
can any man be justly deprived of his liberty, except by the laws of the 
land or the judgment of his peers. 

XI. That the people have a right to hold themselves, their houses, 
papers and possessions free from search or seizure ; and therefore war- 
rants, without oaths or affirmations first made, affording a sufficient 
foundation for them, and whereby any officer or messenger may be com- 



See Appendix E. 



First Constitution. 95 

manded or required to search suspected places, or to seize any person or 
persons, his, her or their property, not particularly described, are con- 
trary to that right, and ought not to be granted. 

XII. That no warrant or writ to attach the person or estate of any free- 
holder within this state, shall he issued in civil action, without the person or 
persons, who may request such warrant or attachment, first make oath, or af- 
firm, before the authority who may be requested to issue the same, that he, 
or they, are in danger of losing his, her or their debts. 

XIII. That, in controversies respecting property, and in suits between 
man and man, the parties have a right to a trial by jury ; which ought 
to be held sacred. 

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

XV. That the people have a right to bear arms for the defence of 
themselves and the State ; and, as standing armies, in the time of peace, 
are dangerous to liberty, they ought not to be kept up ; and that the 
military should be kept under strict subordination to, and governed by, 
the civil power. 

XVI. That frequent recurrence to fundamental principles, and a firm 
adherence to justice, moderation, temperance, industry and frugality, are 
absolutely necessary to preserve the blessings of liberty, and keep gov- 
ernment free. The people ought, therefore, to pay particular attention 
to these points, in the choice of officers and representatives, and have a 
right to exact a due and constant regard to them, from their legislators 
and magistrates, in the making and executing such laws as are necessary 
for the good government of the State. 

XVII. That all people have a natural and inherent right to emigrate 
from one State to another, that will receive them ; or to form a new 
State in vacant countries, or in such countries as they can purchase, 
whenever they think that thereby they can promote ther own happiness. 

XVIII. That the people have a right to assemble together, to con- 
sult for their common good — to instruct their representatives, and to ap- 
ply to the legislature for redress of grievances, by address, petition or 
remonstrance. 

XIX. That no person shall be liable to be transported out of this State, 
for trial, for any offence committed within this State. 

CHAPTEE II. 

PLAN OR FRAME OF GOVERNMENT. 

SECTION I. 

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

SECTION II. 

The supreme legislative power shall be vested in a House of Repre- 
sentatives of the Freemen or Commonwealth or State of Vermont. 

SECTION III. 

The supreme executive power shall be vested in a Governor ancl 
Council. 



96 First Constitution. 

SECTION IV. 

Courts of justice shall be established in every county in this State. 

SECTION V. 

The freemen of this Commonwealth, and their sons, shall be trained 
and armed for its defence, under such regulations, restrictions and excep- 
tions, as the General Assembly shall, by law, direct ; reserving al- 
ways to the people, the right of choosing their colonels of militia, and 
all commissioned officers under that rank, in such manner, and as often, 
as by the said laws shall be directed. 

SECTION VI. 

Every man of the full age of twenty-one years, having resided in this 
State for the space of one whole year, next before the election of repre- 
sentatives, and who is of a quiet and peaceable behaviour, and will take the 
following oath for affirmation,) shall be entitled to all the privileges of a 
freeman of this State. 

1 solemnly swear, by the ever living God, for affirm in the 

presence of Almighty God,) that whenever I am called to give my vote or 
suffrage, touching any matter that concerns the State of Vermont, 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 foreigner 
shall be chosen, unless he has resided in the town for which he shall be 
elected, one year immediately, before said election. 

SECTION VIII. 

The members of the House of Representatives, shall be chosen annu- 
ally, by ballot, by the freemen of this State, on the first Tuesday of Sep- 
tember, forever, (except this present year) and shall meet on the second 
Thursday of the succeeding October, and shall be stiled the General As- 
sembly of the Representatives of the Freemen of Vermont; and shall 
have power to choose their Speaker, Secretary of the State, their Clerk, 
and other necessary officers of the house — sit on their own adjournments 
— prepare bills and enact them into laws— judge of the elections and quali- 
cations of their own members — they may expel a member, but not a 
second time for the same cause — They may administer oaths (or affirma- 
tions) on examination of witnesses — redress grievances — impeach State 
criminals — grant charters of incorporation — constitute towns, boroughs, 
cities and counties, and shall have all other powers necessary for the leg- 
islature of a free State : but they shall have no power to add to, alter, 
abolish, or infringe, any part of this constitution. And for this present 
year the members of the General Assembly shall be chosen on the first 
Tuesday of March next, and shall meet at the meeting-house, in Windsor, 
on the second Thursday of March next. l 

J The constitution, as established on the 2d of July, 1777, provided that 
the first election should be holden in December, and that the Assembly 
should meet in January following. December 24, 1777, the Convention 
met by order of the Council of Safety, and the times of the first 
election and session of the General Assembly were fixed as in the text. 



First Constitution. 97 



SECTION IX. 



A quorum of the house of representatives shall consist of two thirds of 
the whole number of members elected ; and having met and chosen their 
speaker, shall, each of them, before they proceed to business, take and 
subscribe, as well the oath of fidelity and allegiance hereinafter directed, 
as the following oath or affirmation, viz. 

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

solemnly affirm in the presence of Almighty God) that as a member of 
this assembly, I will not propose or assent to any bill, vote or resolution 
which shall appear to me injurious to the people ; nor do or consent to 
any act or thing whatever, that shall have a tendency to lessen or abridge 
their rights and privileges, as declared in the Constitution of this State ; 
but will in all things, conduct myself as a faithful, honest representative 
and guardian of the people, according to the best of my judgment and 
abilities. 

And each member, before he takes his seat, shall make and subscribe 
the following declaration, viz. 

I do believe in one God, the Creator and Governor of the universe, 
the rewarder of the good and punisher of the wicked. And I do ac- 
knowledge the scriptures of the old and new testament to be given by 
divine inspiration, and own and prof ess the protestant religion. 

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



SECTION X. 



Delegates to represent this State in Congress shall be chosen, by ballot, 
by the future General Assembly, at their first meeting, and annually, 
forever afterward, as long as such representation shall be necessary. 
Any Delegate may be superceded, at any time, by the General Assembly 
appointing another in his stead. No man shall sit in Congress longer 
than two years successively, nor be capable of 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 Assembly, two thirds of the members of the 
towns that do elect and send representatives, (provided they be a ma- 
jority of the inhabited towns of the whole State) when met, shall have 
all the powers of the General Assembly, as fully and amply as if the 
whole were present. 

SECTION XII. 

The doors of the house in which the representatives of the freemen 
of this State, shall sit, in General Assembly, shall be and remain open 
for the admission of all persons, who behave decently, except only, when 
the welfare of this State may require the doors to be shut. 

SECTION XIII. 

The votes and proceedings of the General Assembly shall be printed, 
weekly, during their sitting, with the yeas and nays, on any question, 
vote or resolution, where one third of the members require it ; (except 
when the votes are taken by ballot) and when the yeas and nays are so 
taken, every member shall have a right to insert the reasons of his 
votes upon the minutes, if he desire it. 

SECTION XIV. 

To the end that laws, before they are enacted, may be more maturel} 7 
considered, and the inconveniency of hasty determination as much as 



98 First Constitution. 

possible prevented, all bills of public nature, shall be first laid before the 
Governor and Council, for their perusal and proposals of amendment, and 
shall be printed for the consideration of the people, before they are read in 
General Assembly for the last time of debate and amendment ; except tem- 
porary acts, which, after being laid before the Governor and Council, may 
(in case of sudden necessity) be passed into laws ; and no other shall be 
passed into laws, until the next session of assembly. And for the more- 
perfect satisfaction of the public, the reasons and motives for making 
such laws, shall be hilly and clearly expressed and set forth in their pre- 
ambles. 1 

SECTION XV. 

The style of the laws of this State shall be, — u Be it enacted, and it is 
hereby enacted, by the Representatives of the Freemen of the State of 
Vermont, in General Assembly met, and by the authority of the same." 

SECTION XVI. 

In order that the Freemen of this State might enjoy the benefit of 
election, as equally as may be, each town within this State, that consists, 
or may consist, of eighty taxable inhabitants, within one septenary or 

1 It is obvious that, in accordance with this section, the first session of 
the General Assembly, March 1778, could have passed such public acts 
only as " the sudden necessity " of the time required. Of these some 
were temporary, to stand until better considered measures could be 
adopted. By a vote of the Council of Safety of Jan. 17, 1778, it seems 
that body performed the functions assigned to it of preparing business 
for the General Assembly; and by minutes on the journal of the Assem- 
bly it appears that the first governor and council also prepared a few 
bills. The journals of the Assembly indicate the following acts of that 
session: 

Act establishing counties each side of the mountain, Bennington and 
Unity; the latter changed by amendment to Cumberland. 

Act providing attorneys for county courts, and fixing fees. 

Act fixing places for holding county elections. 

Act of affirmation for Quakers. 

Act relating to highways. 

Act establishing the common law [of England] in Vermont 

Act regulating town meetings. 

Act to regulate the catching of fish in White river. 

Act specifying probate districts. 

Act authorizing the governor and council to dispose of the estates of 
tories, and to draw the lines of defense. 

Act relating to the militia. 

Acts from the Connecticut statutes to punish treason and other atro- 
cious crimes; and against treacherous conspiracies. 

There may have been a tvw others, probably one on the grand list, of 
which, however, the minutes in the journal are not definite. These acts 
were never printed, and most of them were soon superseded by others. 
A committee was appointed to make copies for each town in Cumber- 
land county. Western Vermonters could find the acts at Bennington. 



First Constitution. 99 

seven years, next after the establishing this constitution, may hold elec- 
tions therein, and choose each, two representatives ; and each other in- 
habited town in this State may, in like manner, choose each, one repre- 
sentative, to represent them in General Assembly, during the said sep- 
tenary or seven years ; and after that, each inhabited town may, in like 
manner, hold such election, and choose each, one representative, forever 
thereafter. 

SECTION XVII. 

The Supreme Executive Council of this State, shall consist of a Gov- 
ernor, Lieutenant-Governor, and twelve persons, chosen in the following 
manner, viz. The Freemen of each town, shall, on the day of election 
for choosing representatives to attend the General Assembly, bring in 
their votes for Governor, with his name fairly written, to the constable, 
who shall seal them up, and write on them, votes for the Governor, and 
deliver them to the representative chosen to attend the General Assem- 
bly ; and, at the opening of the General Assembly, there shall be a com- 
mittee appointed out of the Council, and Assembly, who, after being 
duly sworn to the faithful discharge of their trust/shall proceed to re- 
ceive, sort, and count, the votes for the Governor, and declare the person 
who has the major part of the votes, to be Governor, for the year en- 
suing. And if there be no choice made, then the Council and^General 
Assembly, by their joint ballot, shall make choice of a Governor. 

The Lieutenant Governor and Treasurer, shall be chosen in the man- 
ner above directed ; and each freeman shall give in twelve votes for 
twelve councillors, in the same manner ; and the tw r elve highest in nom- 
ination shall serve for the ensuing year as Councillors. 

The Council 1 that shall act in the recess of this Convention, shall sup- 
ply the place of a Council for the next General Assembly, until the new 
Council be declared chosen. The Council 2 shall meet annually, at the 
same time and place with the General Assembly ; and every member of 
the Council shall be a Justice of the Peace for the whole State, by virtue 
of his office. 

SECTION XVIII. 

The Governor, and in his absence, the Lieutenant or Deputy Gover- 
nor, with the Council — seven of whom shall be a quorum — shall have 
power to appoint and commissionate all officers, (except those who are 
appointed by the General Assembly,) agreeable to this frame of govern- 
ment, and the laws that may be made hereafter ; and shall suppty every 
vacancy in any office, occasioned by death, resignation, removal or dis- 
qualification, until the office can be filled, in the time and manner di- 
rected by law or this constitution. They are to correspond with other 
States, and transact business with officers of government, civil and mil- 
itary ; and to prepare such business as may appear to them necessary to 
lay before the General Assembly. They shall sit as judges to hear and 
determine on impeachments, taking to their assistance, for advice only, 
the justices of the supreme court ; and shall have power to grant par- 
dons, and remit tines, in all cases whatsoever, except cases of impeach- 
ment, and in cases of treason and murder — shall have power to grant re- 
prieves, but not to pardon, until the end of the next session of the As- 
sembly : but there shall be no remission or mitigation of punishment, 
on impeachment, except by act of legislation. They are also, to take 

1 Meaning the Council of Safety. 

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



100 First Constitution. 

care that the laws be faithfully executed. They are to expedite the exe- 
cution of such measures as may be resolved upon by General Assembly ; 
and they may draw upon the Treasurer for such sums as may be appro- 
priated W the House : they may also lay embargoes, or prohibit the ex- 
portation of any commodity for any time, not exceeding thirty days, in 
the recess of the House only : they may grant such licences as shall be 
directed by law, and shall have power to call together the General As- 
sembly, when necessaiy, before the day to which they shall stand ad- 
journed. The Governor shall be commander in chief of the forces of 
the State ; but shall not command in person, except advised thereto by 
the Council, and then, only, as long as they shall approve thereof. The 
Governor and Council shall have a Secretary, and keep fair books of 
their proceedings, wherein any Councillor may enter his dissent, with his 
reasons to support it. 

SECTION XIX. 

All commissions shall be in the name of the freemen of the State of 
Vermont, sealed with the State seal, signed by the Governor, and in his 
absence the Lieutenant Governor, and attested by the Secretary; which 
seal shall be kept by the Council. 

SECTION XX. 

Every officer of State, whether judicial or executive, shall be liable to 
be impeached by the General Assembly, either when in office, or after 
his resignation, or removal for mal-administration. All impeachments 
shall be before the Governor or Lieutenaut Governor and Council, who 
shall hear and determine the same. 

SECTION XXI. 

The supreme court, and the several courts of common pleas of this 
State shall, besides the powers usually exercised by such courts, have 
the powers of a court of chancery, so far as relates to perpetuating testi- 
mony, obtaining evidence from places not within this State, and the care 
of persons and estates of those who are non compotes mentis, and such 
other powers as may be found necessary by future General Assemblies, 
not inconsistent with this constitution. 

SECTION XXII. 

Trials shall be by jury ; and it is recommended to the legislature of 
this State to provide by law, against every corruption or partiality in the 
choice, and return, or appointment, of juries. 

SECTION XXIII. 

All courts shall be open, and justice shall be impartially administered, 
without corruption or unnecessary delay ; all their officers shall be paid 
an adequate, but moderate, compensation for their services ; and if any 
officer shall take greater or other fees than the laws allow him, either di- 
rectly or indirectly, it shall ever after disqualify him from holding any 
office in this State. 

SECTION XXIV. 

All prosecutions shall commence in the name and by the authority of 
the freemen of the State of Vermont, and all indictments shall conclude 
with these words, "against the peace and dignity of the same. 1 ' The 
style of all process hereafter, in this State, shall be, — The State of Ver- 
mont. 

SECTION XXV. 

The person of a debtor, where there is not a strong presumption of 
fraud, shall not be continued in prison, after delivering up, bona Jide, all 



First Constitution. 101 

his estate, real and personal, for the use of his creditors, in such man- 
ner as shall be hereafter regulated by law. All prisoners shall be bail- 
able by sufficient securities, unless for capital offences, when the proof is 
evident or presumption great. 

SECTION XXVI. 

Excessive bail shall not be exacted for bailable offences ; and all fines 
shall be moderate. 

SECTION XXVII. 

That the General Assembly, when legally formed, shall appoint times 
and places for county elections, and at such times and places, the free- 
men in each county respectively, shall have the liberty of choosing the 
judges of inferior court of common pleas, sheriff, justices of the peace, 
and judges of probate, commissioned by the Governor and Council, 
during good behavior, removable by the General Assembly upon proof 
of mal-administration. 

SECTION XXVIII. 

That no person, shall be capable of holding any civil office, in this 
State, except he has acquired, and maintains a good moral character. 

SECTION XXIX. 

All elections, whether by the people or in General Assembly, shall be 
by ballot, free and voluntary; and any elector who shall receive any gift 
or reward for his vote, in meat, drink, monies or otherwise, shall forfeit 
his right to elect at that time, and suffer such other penalty as future 
laws shall direct. And any person who shall, directly or indirectly, 
give, promise, or bestow, any such rewards to be elected, shall, thereby, 
be rendered incapable to serve for the ensuing year. 

SECTION XXX. 

All fines, licence money, fees and forfeitures, shall be paid, according 
to the direction hereafter to be made by the General Assembly. 

SECTION XXXI. 

All deeds and conveyances of land shall be recorded in the town 
clerk's office, in their respective towns. 

SECTION XXXII. 

The printing presses shall be free to every person who undertakes to 
examine the proceedings of the legislature, or any part of government. 

SECTION XXXIII. 

As every freeman, to preserve his independence (if without a suffi- 
cient estate) ought to have some profession, calling, trade or farm, 
whereby he may honestly subsist, there can be no necessity for, nor use 
in, establishing offices of profit, the usual effects of which are depend- 
ence and servility, unbecoming freemen, in the possessors or expectants; 
faction, contention, corruption and disorder among the people. But if 
any man is called into public service, to the prejudice of his private af- 
fairs, he has a right to a reasonable compensation; and whenever an 
office, through increase of fees, or otherwise, becomes so profitable as to 
occasion many to apply for it, the profits ought to be lessened by the 
legislature. 

SECTION XXXIV. 

The future legislature of this State, shall regulate entails, in such man- 
ner as to prevent perpetuities. 

SECTION XXXV. 

^ To deter more effectually from the commission of crimes, by continued 
visible punishment of long duration, and to make sanguinary punish- 



102 First Constitution. 

ments less necessary; houses ought to be provided for punishing, by 
hard labor, those who shall be convicted of crimes not capital; wherein 
the criminal shall be employed for the benefit of the public, or for rep- 
aration of injuries done to private persons; and all persons, at proper 
times, should be admitted to see the prisoners at their labor. 

SECTION XXXVI. 

Every officer, whether judicial, executive or military, in authority un- 
der this State, shall take the following oath or affirmation of allegiance, 
and general oath of office, before he enter on the execution of his office. 
The oath or Affirmation of Allegiance. 

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

affirm in presence of Almighty God,) that I will be true and faithful to 
the State of Vermont; and that I will not, directly or indirectly, do any 
act or thing, prejudicial or injurious, to the constitution or government 
thereof, as estabiished 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 faithfully 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 by a law for that purpose; and before 
any law be made for raising it, the purpose fo»- which any tax is to be 
raised ought to appear clear to the legislature to be of more service to 
the community than the money would be, if not collected; which being 
well observed, taxes can never be burthens. 



SECTION XXXVIII. 



Every foreigner of good character, who comes to settle in this State, 
having first taken an oath or affirmation of allegiance to the same, may 
purchase, or by other just means acquire, hold, and transfer, land or 
other real estate; and after one years residence, shall be deemed a free 
denizen thereof and be entitled to all the rights of a natural born subject 
of this State ; except that he shall not be capable of being elected a rep- 
resentative, until alter two years residence. 



SECTION XXXIX. 



That the inhabitants of this Stale, shall have liberty to hunt and fowl, 
in seasonable times, on the lands they hold, and on other lands (not en- 
closed ;) and, in like manner, to fish in all boatable and other waters, not 
private property, under proper regulations, to be hereafter made and pro- 
vided by the General Assembly. 

SECTION XL. 

A school or schools shall be established in each town, by the legisla- 
ture, for the convenient instruction of youth, with such salaries to the 
masters, paid by each town, making proper use of school lands in each 
town, thereby to enable them to instruct youth at low prices. One gram- 
mar school in each county, and one university in this State, ought to be 
established by direction of the General Assembly. 

SECTION XLI. 

Laws for the encouragement of virtue and prevention of vice and im- 
morality, shall be made and constantly kept in force ; and provision shall 
be made for their due execution ; and all religious societies and bodies of 



First Constitution. 103 

h 
men, that have or may be hereafter united and incorporated, for the ad- 
vancement of religion and learning, or for other pious and charitable 
purposes, shall be encouraged and protected in the enjoyment of the 
privileges, immunities and estates which they, in justice, ought to enjoy, 
under such regulations, as the General Assembly of this State shall di- 
rect. 

SECTION XLII. 

All field and staff officers, and commissioned officers of the army, and 
all general officers of the militia, shall be chosen by the General As- 
sembly. 

SECTION XLTII. 

The declaration of rights is hereby declared to be a part of the Con- 
stitution of this State, and ought never to be violated on any pretence 
whatsoever. 

SECTION XLIV. 

In order that the freedom of this Commonwealth may be preserved 
inviolate, forever, there shall be chosen, by ballot, by the freemen of this 
State, on the last Wednesday in March, in the year one thousand seven 
hundred and eighty-five, and on the last Wednesday in March, in every 
seven years thereafter, thirteen persons, who shall be chosen in the same 
manner the council is chosen — except they shall not be out of the Coun- 
cil or General Assembly — to be called the Council of Censors ; who 
shall meet together, on the first Wednesday of June next ensuing their 
election; the majority of whom shall be a quorum in every case, except 
as to calling a Convention, in which two thirds of the whole number 
elected shall agree ; and whose duty it shall be to enquire whether the 
constitution has been preserved inviolate, in every part ; and whether 
the legislative and executive branches ofgovernment have performed 
their duty as guardians of the people ; or assumed to themselves, or ex- 
ercised, other or greater powers, than they are entitled to by the consti- 
tution. They are are also to enquire whether the public taxes have been 
justly laid and collected, in all parts of this Commonwealth— in what 
manner the public monies have been disposed of, and whether the laws 
have been duly executed. For these purposes they shall have power to 
public censures — to order impeachments, and to recommend to the legis- 
send for persons, papers and records : they shall have authority to pass 
lature the repealing such laws as appear to them to have been enacted 
contrary to the principles of the constitution. These powers they shall 
continue to have, for and during the space of one year from the day of 
their election, and no longer. The said Council of Censors shall also 
have power to call a Convention, to meet within two years after their sit- 
ting, if there appears to them an absolute necessity of amending any ar- 
ticle of this constitution which may be defective — explaining such as 
may be thought not clearly expressed, and of adding such as are neces- 
sary for the preservation of the rights and happiness of the people ; but 
the articles to be amended, and the amendments proposed, and such ar- 
ticles as are proposed to be added or abolished, shall be promulgated at 
least six months before the day appointed for the election of such con- 
vention, for the previous consideration of the people, that they may have 
an opportunity of instructing their delegates on the subject. 



COUNCIL OF SAFETY 



OF THE 



STATE OF VERMONT. 



JULY 8, 1777— MARCH 12, 1778. 



INTRODUCTION. 



The first volume in manuscript of the records of the Council of Safety, 
and of the Governor and Council of the State of Vermont, has the fol- 
lowing statement prefixed : 

The first 20 pages in this Book is left blank for the purpose of Enter- 
ing the Minutes of the Council of Safety of the State of Vermont from 
January 1776 [to] the 15 th August 1777, during which time Col° Ira 
Allen was Secretary and has the Minutes of s d Council in his posses- 
sion. 

Certified by Joseph Fay, Setfy. 

March 18th, 1788. 

It is evident, therefore, that the official record is imperfect, in that it 
contains no entry for the period indicated in the above certificate. Fol- 
lowing the record for Dec. 20, 1777, is the following : 

The end of the Proceedings of Council as recorded in Book No. 1, en- 
tered in this book this 22 d day of March 1788. 
By order of the G-overnor and Council, 

Joseph Fay, Setfy. 

From the number of pages in the copy, " Book N/o. 1 " must have con- 
tained about one quire of paper, and it is most probable that it was un- 
bound except by stitching. Books of that sort were probably used for 
several years. Other evidence is founi that the early recDrds of the 
Council of Safety, of the Conventions, of the Governor and Council, 
and of the General Assembly, had been loosely kept and were not in a 
fit state for preservation ; and chief is the following record of a vote of 
the Governor and Council, June 18, 1778 : 

Voted that Doct 1 '- Jonas Fay, Col°- Moses Robinson and Captain Ira 
Allen, Esqr s - be and they are hereby appointed a committee to Inspect 
into the votes or doings of the several Conventions from [blank for the 
insertion of dates] Together with the doings of the Council of Safety, 
the present Council and house of Representatives, and put them in Reg- 
ular order, and Record them in Books for that purpose. 

It will be seen that the official record of the Council of Safety is not a 
regular journal of daily proceedings, but simply a record of "votes or 
doings," in resolves, orders, letters, &c, the preservation of which was 
deemed desirable. It would be impossible to recast the record in the 



108 Council of Safety — Introduction. 

form of a journal; but the various proceedings recorded 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 recovered, 
either by inserting them as notes, or in the appendix, and indicating the 
source from which they were obtained if inserted in the body of recorded 
proceedings. The doings of the Council previous to Aug. 15, 1777, of 
course precede the official record. 

POWERS OF THE COUNCIL. 

The Council of Safety was appointed July 8, 1777, as a temporary sub- 
stitute for a state government in time of war. For that purpose its power 
was, like that of every other State Council, limited only by the exigen- 
cies of the times. It was also specifically vested, by the Convention 
which created it, with all the powers of that constitutional body which 
consisted of the " Governor, Lieutenant Governor, and Council," though 
of course without the Governor and Lieutenant Governor. 1 Its acts and 
orders for the time being had the force of laws; it was itself the execu- 
tor of them, or it appointed executors; it exercised judicial powers; it 
served as a board of war ; it punished public enemies, or reprieved 
them ; it transacted business civil and military with other States and 
with Congress ; it prepared business for the first General Assembly ; it 
was The State. 

The special powers conferred upon the Council of Safety by the Con- 
stitution of July 8, 1777, are as follows : 

The Council [of Safety] that shall act in the recess of this Convention, 
shall supply the place of a Council for the next General Assembly, until 
the new Council be declared chosen. The Council 2 shall meet annually, 
at the same time and place with the General Assembly ; and every mem- 
ber of the Council shall be a Justice of the Peace for the whole State, 
by virtue of his office. 

SECTION XVIII. 

The Governor, and in his absence, the Lieutenant or Deputy Gover- 
nor, with the Council — seven of whom shall be a quorum — shall have 
power to appoint and commissionate all officers, (except those who are 
appointed by the General Assembly,) agreeable to this frame of govern- 
ment, and the laws that may be made hereafter ; and shall supply every 

1 The President, Vice President, and Secretary of the Council were its 
executive officers, and, so far as necessary, they performed the same 
functions as did the Governor, Lieutenant Governor, and Secretary of 
State, after the organization of the State government under the consti- 
tution. 

2 Meaning the Supreme Executive Council created by the first clause of 
section seventeen of the Plan or Frame of Government. 



Council of Safety — Introduction. 109 

vacancy in any office, occasioned by death, resignation, removal, or dis- 
qualification, until the office can be filled, in the time and manner direct- 
ed by law or this constitution. They are to correspond with other States, 
and transact business with officers of government, civil and military ; 
and to prepare such business as may appear to them necessary to lay be- 
fore the Geneaal Assembly. They shall sit as judges to hear and deter- 
mine on impeachments, taking to their assistance, for advice only, the 
justices of the supreme court ; and shall have power to grant pardons, 
and remit fines, in all cases whatsoever, except cases of impeachment, 
and in cases of treason and murder — shall have power to grant reprieves, 
but not to pardon, until the end of the next session of the Assembly : 
but there shall be no remission or mitigation of punishment, on impeach- 
ments, except by act of legislation. They are also to take care that the 
laws be faithfully executed. They are to expedite the execution of such 
measures as may be resolved upon by General Assembly ; and they may 
draw upon the Treasurer for such sums as may be appropriated by the 
House : they may also lay embargoes, or prohibit the exportation of any 
commodity for any time, not exceeding thirty days, in the recess of the 
House only : they may grant such licences as shall be directed by law, 
and shall have power to call together the General Assembly, when neces- 
sary, before the day to which they shall stand adjourned. The Governor 
shall be commander in chief of the forces of the State ; but shall not 
command in person, except advised thereto by the Council, and then, 
only as long as they shall approve thereof. The Governor and Council 
shall have a Secretary, and keep fair books of their proceedings, wherein 
any Councillor maj r enter his dissent, with his reasons to support it. 

MEMBERS OF THE COUNCIL. 

Heman Allen, of Colchester, 1 

Ira Allen, of Colchester. 1 

Jacob Bayley, of Newbury. 

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

place ot Benj. Spencer, of Clarendon, Tory.] 
Thomas Chittenden, of Williston. 1 
Jeremiah Clark, of Shaftsbury — [ probably.] 
Nathan Clark, of Bennington. 
Jonas Fay, of Bennington. 
Joseph Fay, of Bennington. 
Matthew Lyon, of Arlington — [ probably.] 
Moses Kobinson, of Bennington. 
Paul Spooner, of Hartland. 

officers. 

Thomas Chittenden, President. 

Jonas Fay, Vice President. 

Ira Allen, to Sept. 6, 1777, > « 

Joseph Fay, Sept, 6, 1777, to March 12, 1778, > * ecretary ' 

1 Their homes were in these towns, though at this time they were tem- 
porarily residents of Bennington county. 



110 Council of Safety — Introduction. 

THE ALLEN FAMILY. 

The presentation of the above names in alphabetical order puts first on 
this Roll of Honor two brothers out of five who were then residents of 
the State ; and yet there was a third to whom by common consent at 
this day the same honor would be assigned — Ethan Allen. He was, 
however, at that date, in duress as a prisoner of war. The most remark- 
able family in Vermont at that period, or indeed that has ever been in it, 
was the Allen family. A few others have been equally or more 
numerous, but the members of no one family have ever been both so 
eminent and so generally identified with the history of the State. From 
Samuel Allen, of Chelmsford, Mass., (in 1632,) and Windsor, Conn., (in 
1636.) descended the six sons of Joseph Allen of Litchfield and 
Coventry, Conn., to wit : Gen. Ethan, Capt. Hem an, Maj. Heber, 
Lieut. Levi, Zimei, and Col. Ira ; and also Hon. Heman Allen, of 
Colchester, son of Maj. Heber Allen. This Heman was called u Chili 
Allen," to distinguish him from other two Hemans. From Matthew Al- 
len, a brother of the ancestor of Joseph the father of Ethan, &c, de- 
scended Major Ebenezer Allen of Tinmouth and Hon. Heman Al- 
len of Milton, (afterwards of Burlington,) and their issue. To this is to 
be added the fact that Mary Baker, wife of Joseph Allen and mother 
of Ethan, &c, was sister of the father of Remember Baker, the brave 
associate of Ethan Allen. Baker and the six sons of Joseph Allen 
were therefore cousins. Finally, the mother of Remember Bakek was 
aunt to Seth Warner : and thus the most distinguished of the early 
heroes and statesmen of Vermont were allied far more intimately than 
by their common descent from Adam. In the Ethan Allen Mss., close 
of the index, is the following record : 

Joseph Allen was married at Woodbury, Connecticut, to Mary 
daughter of John Baker, March 11, 1737. She was sister of Remember 
Baker the father of Capt. Remember Baker who was born June 1737 at 
Woodbury, [Conn.] and killed near Canada line Aug 22 d 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, 1762, [who died at Sunderland early 
in the year 1783, 1 and was buried in the north cemetery, which had 

1 The following monumental inscription for Mary Brownson Allkn 
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. Ill 

been deeded to the town by Ira Allen.— Ft Hist. Mag. vol. i, pp. 135, 239. 
Married, Feb. 9, 1784, Mrs. Frances [Lydia, Fanny,] Buchanan, 1 widow 
of a British officer and daughter of Margaret Montuzan, who was second 
wife of the notorious tory, Crean Brush. — Eastern Vermont, pp. 604, 
629 : Vt. His,t. Mag., vol. I, p. 764.] He died Feby 13 [or 12] 1789, at 
Burlington. 

[Capt.] Heman — born at Cornwall, Conn., October 15, 1740; died May 
18, 1778.— I. Allen's History, p. 101, in Vt. Hist. Soc. Coll., vol. I, p. 
388.] 

Lydia — born at Cornwall, Conn., April 6, 1742. [Married a Mr. Finch, 
and lived and died in Goshen, Conn. — Vt. Hist. Mag., vol. i, p. 561.] 

[Major] Heber — born at Cornwall, Conn., Oct. 4, 1743. [Father of He- 
man Allen of Colchester, known as u Chili Allen," who, on the death of 
his father Heber at Poultney, was adopted by Ira Allen. Heman Allen 
of Colchester was born in Poultney, Feb. 23, 1779, was member of Con- 
gress in 1817-18, and resigned in the latter year to accept the office of U. 
S. Marshal for the District of Vermont He was appointed Minister to 
Chili by President Monroe in 1823, resigned that office in 1828, and died 
at Highgate, April 9, 1852. — See Dictionary of Congress, and Vt. Hist. 
Mag., vol. i, p. 764. Heman Allen of Milton and Burlington was of 
another line of the same Allen Family, son of Enoch Allen, born at 
Ashfield, Mass., June 14, 1777. He was a member of Congress eight 
years, 1827-29 and 1833-39, and died at Burlington Dec 11, 1844.— Dic- 
tionary of Congress, and Vt. Hist. Mag., vol. I, pp. 606-8, 840.] 

[Lieut.] Levi — born at Cornwall, Conn, July 16, 1745. [ Died in Bur- 
lington in 1801.— Vt. Hist. Mag., vol i, p. 562.] 

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

Zimri— born at Cornwall, Conn., Dec. 14,1748. [Died at Sheffield, 
Mass.— Ft Hist. Mag., vol. i, p. 562.] 

[Col.] Ira, (the youngest) — born [at Cornwall, Conn, April 21, 1751. 
Married Jerusha, daughter of Gen. Robert Enos, and had three chil- 
dred : Zimri, who died at Colchester, Aug. 22, 1813, aged 21 ; Ira H., 
who died at Irasburgh, April 29, 1866, in the 76th year of his age ; and 
Maria Juliet, who died at St. Albans, August 18, 1811, aged 17 years. 

Confiding in the power of God most high, 
His wisdom, goodness, and infinity, 
Displayed, securely I resign my breath 
To the cold, unrelenting stroke of death; 
Trusting that God, who gave me life before, 
Will still preserve me in a state much more 
Exalted mentally beyond decay, 
In the blest regions of eternal day. 

However irreligious many suppose Ethan Allen to have been, it is 
clear that he here recognized the sublime power of Christian faith in his 
wife. He represents her, not as being annihilated, but as having en- 
tered into " the blest regions of eternal day." — See Zadock Thompson's 
Lecture on the Allen Family, in Vt. Hist. Mag., vol. I, p. 567. 

1 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 Penniman. 



112 Council of Safety — Introduction. 

Col. Ira Allen died at Philadelphia, Jan. 7, 1814, in the 62d year of his 
age.— Ft Hist. Mag., vol. I, pp. 770-776.] 1 

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 was never a permanent resident. He was in the state in 1775, 
and served as lieutenant on the Whig side, but he soon left it and be- 
came and continued to be a Tory until the close of the revolutionary 
war. For this, Ethan Allen complained of him to the court of confisca- 
tion, Jan. 9, 1779, and his property was confiscated. 2 In 1786 he returned 
and was employed by the state as commissioner to negotiate a commer- 
cial treaty with the Provinces of Canada and Great Britain. It was a 
service for which his Tory proclivities fitted him, but he failed in it. 3 
The four other sons rank among the fathers of Vermont, and two of 
them with the most eminent Yermonters 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. 4 
Thus the controversy with ISTew 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- 

l It will be observed that the dates of the death of Heber and Zimri 
Allen are not given. Heber died at Poultney; and from a letter of Ira 
Allen to all the branches of the Allen family (in Letters of Ira Allen, in 
the State Library,) Feb. 9, 1809, it appears that Ethan, Heman, Heber and 
Zimri died previous to 1795. Heber was first town clerk of Poultney, 
and he was a member of the court of confiscation for the shire of Rut- 
land in 1778 — his last office apparently. He doubtless died soon after his 
service in this capacity, otherwise it is most probable his name would 
have appeared as representative of Poultney, or as an officer of Rutland 
county, which was organized in 1781. The birth of his son Heman is 
given above as Feb. 1779, and it is recorded that this son was adopted by 
Ira Allen; the inference being that he was young when his father died. 

2 Slade's State Papers, p. 563. 

3 Vt. Hist. Soc. Collections, vol. II, pp. 441, 445. 

4 In 1809 and 1810, Ira Allen estimated his real estate in Vermont to 
be worth, on a proper appraisal, from one million to one million and a 
half of dollars; which, he charged, "a conspiracy of men" was attempt- 
ing to secure by fraudulent titles. As he had been, and was then, the 
administrator of the estates of Ethan, Capt. Heman, Levi, and Zimri 
Allen, and also of Remember Baker, and as such had taken all their land 
into his possession, this seems to be Allen's estimate of the value of the 
then remnants of the real estate of the Onion River Land Company. 
— See Letters of Ira Allen, in the State Library, pp. 18, 31. 



Council of Safety — Introduction. 113 

ergy, enterprise and bravery, but not in patriotism and judgment. He 
was eccentric and unstable — as "the rolling stone that gathers no moss" 
— and he therefore garnered no such wealth of honor and renown as did 
they. From the first they seem to have doubted the character of Levi, 
since he was not a member of the great land company, and was after- 
ward repudiated as a Tory. Of this an amusing piece of evidence is 
found in doggerel verses which were attributed, not without reason, to 
Levi Allen, as having been written when he was smarting under the 
loss of his property, which he charged to Ira, although Ethan entered 
the complaint. It shows that both Ethan and Ira regarded Levi as a 
great rogue, for which Levi took his revenge by counting Ira as the 
greatest rogue of the three. It is as follows : 

THE THREE BROTHERS. 

Ethan. — Old Ethan once said over a full bowl of grog, 

Though I believe not in Jesus, I hold to a God ; 
There is also a Devil — you will see him one day 
In a whirlwind of fire take Levi away. 

Ira. — Says Ira to Ethan it plain doth appear 

That you are inclined to banter and jeer : 
I think for myself and I freely declare 
Our Levi's too stout for the prince of the air; 
If ever you see them engaged in affray, 
'Tis our Levi who'll take the Devil away. 

Levi. — Says Levi, your speeches make it perfectly clear 
That you both seem inclined to 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 world than I. 

Ethan and Ira. — " Who's that ?" they both cry with equal surprise. 
Levi. — 'Tis Ira ! 'tis Ira ! I yield him the prize. 1 

The fate of the sons of Joseph Aeeen was as remarkable as were 
the qualities of the men. Heber and Zimri did not become very promi- 
nent, and nothing remarkable is recorded of their end; but the other four 
were all marked men. Gen. Ethan's most vigorous days, and at the 
period when his services would have been most useful to his country, 
were wasted in a British prison, and he died suddenly at the age of fifty- 
one. Capt. Heman, whose public life opened with a fair promise of rich 
fruitage, died in his twenty-ninth year. Lieut. Levi was as brilliant 
in capacity and as daring in enterprise as either Ethan or Ira, but he 
was "unstable as water," and his life was a failure; while Ira the last 

1 Vt. Hist. Mag., vol f i, p. 573. 



114 Council of Safety — Introduction. 

born attained the longest age, rendered the most numerous and valuable 
services, and had the largest opportunities, but the immense wealth he 
acquired was wasted through protracted controversies at home and abroad ; 
he was forced to quit the state he so successfully served, to preserve his 
personal liberty from exacting creditors; he died in poverty, and was 
buried in a stranger's grave with no stone to mark the spot. 1 

BIOGRAPHICAL NOTICES OF THE MEMBERS OF THE COUNCIL. 

Capt. Heman Allen's birth and death have been already recorded. 
Beyond these events in his short life we get only a few glimpses ; but 
these impress us with a strong conviction that in character and capacities 
he was fully the equal of the two brothers whose fame is now national. 
His name appears in the record of every Convention, save two, from 
July 1775 to July 1777; and of the last he was undoubtedly a member, as 
he was appointed by it on the Council of Safety. In two he was a dele- 
gate at large, or adviser and counsellor: once with Seth Warner, and 
again with Thomas Chittenden, Jonas Fay, Jeremiah Clark, 
Timothy Brownson, and Ira Allen, who were all in the first Gover- 
nor's Council under the constitution. He was employed on the most 
important committees, sometimes as chairman, as of the committee of 



1 In a letter to Eleazer Keyes, July 3, 1810, Ira Allen wrote as 
follows : 

It is very strange that my friends [heirs of Ethan Allen, &c.,] and 
Enemies act on one Principle to cut off my Resources, of many which 
has been considered the most sure means [ by cutting them off] of Pre- 
venting me from obtaining Justice in Great Britain and Vermont. By 
this strange Coalition I was obliged to consert such measures as I could 
to Leave Burlington Prison, for it was the Price of my Life to be Lib- 
erated, for my Health was so much Injured by English and French and 
Vermont Prisons it was Certain Death to Remain there, nor have I yet 
Gained my Health although for much time constantly in use of Medical 
aid. On these Principles I left Burlington in 1803. " Skin for skin, yea 
all that a Man hath will he Give for his Life," are the words of Satan in 
answer to the Lord in the Book of Job. Are these the rewards for un- 
common Exertions in Exploring a new Country before I was Twenty- 
one years of age, Concerting Plans for Extensive Purchases of Lands> 
the attention Paid to my Deceast friends [and] their Heirs, and Exer- 
tions for the Independence of Vermont and the United States? 

In another letter, Oct. 9, 1809, to Mrs. Fanny Penniman, widow 
of Ethan Allen, he wrote : 

I publicly, even in the newspapers, declared my determination to sup- 
port the rights of the Heirs of my deceased friends, and commenced a Suit 
against Major Ormsby for the recovering of the old Homestead of my 
deceased brother; but was soon after obliged to fly from every thing dear 
to me in Vermont, to preserve my own existence; and not having fully 
regained my health lost in English, French, and Vermont Prisons, I 
shall not hastily expose my person to a Vermont Bastile. — Letters of Ira. 
Allen, pp. 13, 34. 



Council of Safety — Introduction. 115 

Jan. 1776 to fix the basis of representation of the towns in Convention, 
of the committee of July 1776 to treat with the inhabitants of eastern 
Vermont, and of Jan. 15, 1777, to prepare the "Declaration" for the press. 
He was also in the list of the first agents or commissioners appointed 
January 1776 to present the case of Vermont to Congress, and was ap- 
pointed to the same office in January 1777. He attended upon Congress 
in 1776, and by his tact saved the state from an adverse decision by 
that body which at that time would have been greatly injurious if not fatal 
to the interests of Vermont. He thus stands out prominently as a leading 
man in the conventions, and the important and delicate duties assigned to 
him by his colleagues indicate even a higher degree of confidence in his 
judgment than they ; would probably accord to the more impulsive but 
older brother Ethan, or the much younger and perhaps more brilliant 
Ira. It is worth remarking that Ira was quite willing to stand subordinate 
to Heman, which is high testimony to the excellence of the elder 
brother. Heman Allen doubtless took an active part in the Council up 
to the battle of Bennington, in which he contracted the disease that 
proved fatal in the month of May succeeding. He died in Connecticut. 

Ira Allen came to Vermont "in 1771, when 21 years of age," says 
Hon. David Read, but in fact he was a little younger. His first work was 
for " The Onion River Land Company," but speedily his landed interest 
drove him into public affairs, and chiefly in the controversy with New 
York. In July, 1775, he was appointed Lieutenant in Warner's regi- 
ment ; soon he became Captain, then Colonel, and finally Major-General 
of militia. He was most distinguished, however, for his civil services. 
As delegate in Conventions he was very active, serving as Secretary and 
on important committees. He was ever busy with his pen, defending 
the interests of the State in newspaper articles and pamphlets, assisting 
Gov. Chittenden in his correspondence, preparing documents for the 
Conventions, and finally conducting the diplomatic correspondence with 
Gen. Haldimand. 3 If any other opportunity for diplomacy occurred— as 

3 Since the publication of the second volume of the Vermont Histori- 
cal Society Collections, containing the Haldimand correspondence, the 
editor of that volume (and of this) has discovered a very interesting esti- 
mate of the valuable fruits of the services and policy of Vermont in 1775 
-'83, by a principal actor in the drama— Ira Allen. It is in a letter 
of Allen to Hon. Samuel Hitchcock of Burlington, dated Oct. 11, 
1809, of which the following is an extract : 

I have no doubt, but the British Government have been deceived by 
designing men, and that some prejudices remained from the events of 
the revolution, [Haldimand Correspondence,] by which means designing 
men could the easier impose on Government ; but these frauds have 
vanished before truth, as white frost before the beams of the rising sun. 

It is recorded in sacred writ, " That a Prophet has no honour in his 
own country and amongst his kindred." I have much reasonto believe. 



116 Council of Safety — Introduction. 

for example, with New Hampshire on the projected Unions, or in enlist- 
ing officers of the army and leading men of the New England and Mid- 
dle States in the interest of Vermont, or in negotiating for free trade 
with Canada and Great Britain, 1 — Ira Allen was the man selected. He 
was a member of the Council of Safety, and of the Board of War ; of the 
General Assembly two years, and of the Governor's Council nine years ; 
State Treasurer nine years ; Surveyor General nine years also ; and 
finally, in 1790, he was one of the commissioners on the part of Ver- 
mont who amicably settled the long protracted and violent controversy 
with New York and ensured the admission of Vermont to the Union. 
Early in his career he designed the connection of the St. Lawrence river 
with Lake Champlain by a canal, some years in advance of the similar 
scheme of Elkanah Watson and Maj. Gen. Philip Schuyler for 

this scripture, which is the more confirmed, when I know that the cap- 
ture of Ticonderoga, &c#, and the fame of the Green Mountain boys are 
more thought of in Europe than in the United States. That in the 
Southern States, the battle of Bennington is considered to have caused 
the change of the Commander in Chief of the Northern army, and a 
stepping-stone to the capture of Gen. Burgoyne and army. That the 
truce between the British in Canada and Vermont, in causing the inac- 
tivity of 10,000 British troops, enabled Gen. Washington to capture Lord 
Cornwall is and army. As the people in the Southern States severely 
felt the movements and effects of Lord Cornwallis and army, and as 
Virginia has been famous for Presidents, it was not improper to give a 
sketch of these matters in a pamphlet addressed to the freemen of Ver- 
mont. 

In the books of* the Olive Branch you will see that I have been severe 
on the British and French Governments, and that I have not in some 
instances spared individuals. A justice due to myself, family, and coun- 
try, made such measures a duty incumbent upon me ; yet you will find 
that I have uniformly been opposed to this country's being involved 
in war, ever since I commenced negociator for peace and friendship in 
1780. That the negociators of Vermont in 1781 fulfilled all the engage- 
ments they made, that the event at Yorktown by the combined power 
of France and the United States, was as much out of the controle of 
the cabinet of Vermont, as the events of Europe are now out [of] the 
controle of the cabinet of the United States ; yet, you will see by the 
20th page of a pamphlet addressed to the freemen of Vermont that 
by uniting the people in Vermont, by union, &c.,* (before which they 
were exposed to enemies on every side,) they gained the securest 
situation of any of the people in the United States ; for if the events 
of war had terminated in favour of Great Britian, Vermont would have 
been a favourite Colony under the Crown ; if in favour of the United 
States, they were prepared for a sister State in the Federal Union, which 
they obtained, after extinguishing all the grants of land made by the late 
Colony of New York in Vermont, for a trifling consideration. — Letters of 
Ira Allen, pp. 9,10. 

* The " union, &c," refers to the East and West Unions, with parts of New Hampshire and New 
York, " which," as Allen subsequently said in this letter, "were dissolved when I [he] was at 
Congress supporting them." This was the fact, and he disapproved of their dissolution as soon as 
he was apprized of it. 

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



Council of Safety — Introduction. 117 

the present "Champlain Canal ;" and he was the founder of the Univer- 
sity of Vermont. In Dec. 1795 he sailed for England to press his canal 
project, for which he could get nothing but fair words from the British 
Cabinet ; and to purchase arms for the State, which he succeeded in do- 
ing in France and shipped them under the French flag. The vessel 
was seized by a British cruiser and the cargo was condemned as a law- 
ful prize. For eight years Allen contested this case in the British courts, 
and finally won his property, but at a cost, in expenses, far exceeding its 
value. On his return he found his business in Vermont broken up, and 
himself so involved pecuniarily that he must leave the State, never to 
return. The State of Vermont has just provided munificently for a 
statue of Ethan Allen, to stand in the old Representatives' Hall of 
Congress till it shall crumble by the breath of time, a mute but eloquent 
witness of the bravery and patriotism of her sons : but the records of the 
services of Ira Allen, in her struggles and history, — of his skill as 
statesman and diplomatist — of his grand designs for the promotion of 
learning and the development of the material resources of the State, — 
will forever stand, a monument more brilliant than brass and more last- 
ing than marble. 

Gen. Jacob Bayley was born in Newbury, Mass., July 2, 1728, and 
married Prudence Noyes, Oct. 16, 1745. He settled in Hampstead in 
1745 ; was a captain in the French war, 1756, and escaped from the mas- 
sacre of Fort Wm. Henry in Aug. 1757; was colonel at the taking of 
Ticonderoga and Crown Point by Amherst in 1759; and arrived in New- 
bury, Vt, in Oct. 1764. In 1776 he commenced the celebrated Hazen 
road, which was designed as a military road from Connecticut river to 
St. Johns, (Canada,) and was completed by Gen. Hazen as far as Hazen 
notch, near Montgomery line. Gen. Bayley was commissary-general 
during a portion of the Revolutionary war, a brigadier-general of militia 
under New York, and served as such in western Vermont, August to 
November 1777. He was a leading man in his town and county, serving 
as town representative, member of the state council, and judge of Glou- 
cester [under N. Y.] and Orange county courts. He died March 1, 1816. 
—History of Newbury in Vt. Historical Magazine ; Deming's Catalogue, 
1778 to 1851; Drake's Dictionary of American Biography. 

Benjamin Carpenter, of Guilford.— The following inscription on 
his tombstone gives a more complete history of the services, character, 
and person of this public man than can often be found of any man in 
so few words. It is copied from Thompson's Vermont, Part in, p. 83. 

SACRED TO THE MEMORY 

OF TIIE 

Hon. BENJ. CARPENTER, Esq. 

Born in Rehoboth, Mass., A. D. 1726. 
A magistrate in Rhode Island in A. D. 17(54. 



118 Council of Safety — Introduction. 

A public teacher of righteousness, 

An able advocate to his last for Democracy, 

And the equal rights of man. 

Removed to this town, (Guilford.) A. D. 1770. 

Was a field officer in the Revolutionary war, 

A founder of the first constitution and government of Vermont, 

A Council of Censors, in A. D. 1783, 

A member of the Council, and Lieut. Governor of the State in 

A. D. 1779, 
A firm professor of Christianity in the Baptist church 

50 years. Left this world 

And 146 persons of lineal posterity, March 29th, 1804, 

Aged 78 years 10 months and 12 days, 

with a strong 

Mind and full of faith of a more 

Glorious state hereafter. 

Stature about six feet — weight 200. 

Death had no terror. 

The above omits several facts. Mr. Carpenter was the first delegate 
of Guilford in a Vermont Convention. " In 1776," says Thompson, "the 
town voted to pay the expenses of Benjamin Carpenter, their delegate 
to the Westminster Convention of 1775." If there is no error in the 
dates, this must mean the Convention of April 11, 1775, which con- 
demned the government of New York, the massacre at Westminster, 
&c. He was a delegate in the Dorset and Westminster Conventions of 
1776. In 1777 the town " voted, John Barney and Benjamin Carpenter 
be a committee to go to Windsor, in June next, to hear the report of the 
agent sent to Congress concerning a new state." Accordingly Mr. Car- 
penter attended the Windsor Convention of June 4, 1777; and the above 
inscription indicates that he was also a member of the Windsor Conven- 
tion which adopted the Constitution. In 1778 there was a change in the 
politics of the town, the opponents of Vermont having obtained posses- 
sion of the records of the town and ruled it until about 1791, when the 
town was duly organized under Vermont. Mr. Carpenter disregarded 
the dominant party and adhered steadily to Vermont, on occasions not 
without personal danger, since it is recorded that in December, 1783, he 
was taken prisoner by the Yorkers and carried away, "to his great dam- 
age." Feb. 1, 1776, he was chairman of the Cumberland County Com- 
mittee of Safety, and by that body was nominated lieutenant colonel of 
militia, which was confirmed by New York, March 1,1776. — See Thomp- 
son's Vermont, and B. H. Hall's Eastern Vermont. 

Thomas Chittenden was born at East Guilford, Conn., Jan. 6, 1730. 
He remained with his father until Oct. 4, 1749, about which time he mar- 
ried Elizabeth Meigs and removed to Salisbury, Conn., which town he 
represented in the legislature of Connecticut from 1766 to 1769 and 
again in 1772. He was colonel of militia and a justice of the peace. In 
1774 he settled in the valley of the Winooski at Williston, from whence 
he was driven by the invasion of the British in 1776. He dwelt in Dan- 



Council of Safety — Introduction, lid 

by, Pownal, and Arlington mainly, until his return to the homestead in 
1787. He was a leading member in the Vermont Conventions, Presi- 
dent of the Council of Safety, and Governor from March 1778, one year 
excepted, until he resigned, a short time before his death, which occur- 
red August 25, 1797. His defeat in the General Assembly in 1789, al- 
though he was nearly elected by the people, was a political accident, 
which is chargeable more to jealousy of Ira Allen felt by the politicians 
of the day, than to any lack of affection for or confidence in the Governor. 
Indeed, in an address to the Governor, on that occasion, the Assembly 
declared the satisfaction they felt in his administration ; a grateful sense 
of the many and good services he had rendered, "as the supporter, guar- 
dian and protector of their civil liberties ;" and "all that a noble and 
generous mind can give or wish to receive, their gratitude and warmest 
thanks." — See Memoir of Chittenden by Daniel Chipman; Early History; 
and Vt. Hist. Soc. Collections, vol. I passim; also vol. n, 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." x He seemed to have an intuitive insight into all men with 
whom he came in contact, and into all questions which he had to decide. 2 
Ethan Allen said " That he was the only man he ever knew who was 
sure to be right in all, even the most difficult and complex cases, and yet 
could not tell or seem to know why it was so." 3 Hence, his letters and 
official documents were usually written by others — Jonas or Joseph 
Fay, Ethan or Ira Allen, Moses Robinson, and later by Nathaniel Chip- 
man; but it cannot be doubted that Chittenden dictated them, for no 
man in Vermont was superior to him in judgment. From his first en- 
trance into the state he was the master in every community in which he 
dwelt, either by the force of his character or the power of his official po- 
sitions ; and yet " his government was rather patriarchal than constitu- 
tional."* 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." 5 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. 

1 Hon. David Read, in Vt. Hist. Mag., vol. I., p. 906. Ubid, p. 911. 
*Ibid, p. 929. *D. Chipman's Memoir, p. 9. 5 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 affections of the people. 
So great had been the disorders of the times, and so many men had left 
the country that fields were unharvested and there was imminent danger 
of famine. The Governor took upon himself the task of visiting, from 
time to time, every family and taking an account of the provisions on 
hand. Under his oversight, and by his impartial and disinterested coun- 
sel, distribution was so made that, although all were pinched, none per- 
ished." 1 The remarkable proclamation of pardon to the tories and 
Yorkers, June, 1779, was "a gracious design of mercy," "to alleviate 
the miseries of those unhappy subjects who act through mistaken no- 
tions, and resist the penalties thereof." 2 Not only was he ready to grant 
all possible relief in every present emergency, but like a watchful and 
provident father he anticipated future necessities. Hence, again and 
again were embargoes imposed on the exportation of breadstuffs, and on 
one occasion it transpired that the Governor had stored up the abun- 
dance of his own fields, refusing to sell for cash, but reserving it for the 
benefit of the people in a time of need. 3 He was, eminently, a good 
governor — a wise ruler — a father to his people. His son, Martin Chit- 
tenden, described him as a man over six feet, of fair proportions 
though not portly, and fine teeth, but for a portion of his life he lost the 
use of one eye. 

Jeremiah Clark was born in Preston, Conn., in 1733, came to Ben- 
nington in 1767, and quickly made his pitch in the west part of Shafts- 
bury, where he dwelt for half a century. He served as Major, and took 
part in the battle of Bennington with a son sixteen years of age. He 
was one of the committee which "warned" the Dorset Convention of 
Jan. 16, 1776, and was a delegate in several other Conveutions ; 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 Kedding, who was the 
first man executed in Vermont. Maj. Clark died in 1817, aged 84 
years.— See history of Shaftsbury, and letter of Hon. Myron Clark, 
grandson of Major Clark, in Vt. Hist. Mag., vol. I, pp. 234, 236. On 
the authority of the last named alone, Major Clark's name is inserted 
in the roll of the Council of Safety. The grandson gave him the char- 
acter of a conscientious and religious man. 

Nathan Clark came to Bennington from Connecticut in 1762, and 
was prominent in the controversy with New York, being frequently 
chairman of conventions and committees and the author of many of the 

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

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

3 Vt. Hist. Soc. Collections, vol. n, 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. Grates for efficient 
services. He was member of the State Council of Safety, and speaker 
of the first General Assembly. He lost one son, Nathan Clark, jr., in 
the battle of Bennington ; and another son, Isaac Clark, familiarly 
known as " Old Rifle," was in that battle, was a Colonel in the war of 1812, 
and distinguished as a partizan leader. 1 — See Early History, p. 459 ; and 
Memorials of a Century, Bennington. 

l Oo\. Isaac Clark, afterward General, married Hannah, the third 
daughter of Gov. Thomas Chittenden. He was not only a good fighter, 
but a very zealous Republican of the school of Jefferson. He repre- 
sented Castleton in the General Assembly of Vermont four years, 
1796-99, and was one of the victims of the so-called u Yergennes slaugh- 
ter-house" in 1798, having been expelled from the House for an alleged 
misdemeanor as a member of the committee to canvass votes for state 
officers. A new election was ordered, Clark was again elected by a ma- 
jority of all the voters in his town, but the Federalists refused to admit 
him at that session. One of the very last and rarest acquisitions of the 
late State Librarian, Hon. Charles Reed, was a volume thus entitled: 

A Bepublican Magazine: or Bepository of Political Truths. By James 
Lyon, of Fairhaven, Vermont. 

Nature has left this Tincture in the Blood, 
That all Men would be Tyrants if they cou'd — 
If they forbear their Neighbors to devour, 
' Tis not for want of Will, but want of Power. 

De Foe's Jure Divino. 
Published at Fairhaven, Vt. 

M,DCC,XCVIII. 

It is a sixteen mo. volume, consisting of four semi-monthly numbers 
with this title : 

The Scourge of Aristocracy, and repository of Important Political 
Truths. 

In this volume is a notice, by Matthew Lyon, of Gen. Clark's expul- 
sion, which is so characteristic both of Lyon and the spirit of that day 
as to be worth perpetuating. It is as follows: 

Yergennes, 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 Bogers's were, and 
in some degree similar; only the one died for religious, the other for 
political sentiments, both under the reign of Party Terror. His depart- 
ing soul breathed forth a strong and manly hope of a speedy and glori- 
ous resurrection of Republicanism. 

When party zeal in public good shall end, 
And show the world who is his country's friend; 
10 



122 Council of Safety— Introduction. 

Dr. Jonas Fay, son of Stephen Fay, was born at Hardwick, Mass., 
Jan. 17, 1737, and removed to Bennington with his father in 1766. He 
was from the first prominent in the contest with New York and with 
the mother country, and influential in the organization of the state, his 
pen being often used in its service. He was clerk of the convention of 
settlers in March, 1774, and uniformly, when present, of subsequent con- 
ventions. On the declaration of Vermont independence in 1777 he was of 
the committee, with Chittenden, Eeuben Jones, Bayley, and Capt. Heman 
Allen, to prepare and present to Congress the declaration and petition 
of the state, and on four occasions, from 1777 to 1782, he was agent of 
the state to Congress. At the age of nineteen he had served in the 
French war during the campaign of 1756. He was with Ethan A lien as sur- 
geon in the capture of Ticonderoga in May, 1775; served in the same ca- 
pacity with Elmore's Connecticut regiment, and also for a time in War- 
ner's regiment. In July, 1775, he was appointed by the Massachusetts 
committee at Ticonderoga to muster the troops as they arrived. He was 
a member of the Council of Safety in 1777-8, and then of the State 
Council for the first seven years ; a judge of the supreme court 
in 1782, and judge of probate for five years, 1782-86. He resided 
for awhile after 1800 in Charlotte and Pawlet, and died in Bennington, 
March 6, 1818.— See Early History, pp. 463, 464. 

Col. Joseph Fay, brother of Jonas, was born in Hardwick, Mass., 
about 1752, and came to Bennington in 1766. He was Secretary of the 
Council of Safety from Sept. 1777 to March 1788 ; of the State Council 

and Secretary of State also from the resigna- 



When Democrats shall rise and reign, 
And Freedom bless the earth again; 
When Tories shall sink down to hell, 
Where Pandemonium Harpies dwell; 
Millennial Love shall then prevail ; 
Aristocrats lament and wail; 
Bepublicans rejoice to see 
The blest return of Liberty; 
Vergennes fever will harmless prove, 
Or rage a stimulous to Love. 

Of course the above was written when Lyon was in jail at Ver- 
gennes, suffering the penalty of the alien and sedition act. He was 
committed in October, 1798 and was not released until February, 1799. 

Drake's Dictionary of American Biography records this: 

Clark, Gen. Isaac, d. Castleton, Vt, Jan. 31, 1822, a. 73. Member 
of the Constitutional Convention, and many years [1806-10] chief judge 
of the Vermont [Rutland] County Court, a soldier of the Revolution, 
and Colonel 11th U. S. Infantry, March 12, 1812. Commanded a suc- 
cessful expedition against Massequoi, [ St. Arrnand,] Lower Canada, Oct. 
12, 1813. 



Council of Safety — Introduction. 123 

tion of Tbos. Chandler, jr., (supposed to be in November, 1778,) to 1781. 
He was associated with Ira Allen in the famous negotiation with Gen. Hal- 
dimand, Gov. Gen. of Canada, from 1780 to 1783, for which by his talents 
and address he was fitted. He removed to New York city in 1794, and 
died there, of yellow fever, in October 1803. — Early History, p. 464 ; 
Memorials of a Century, Bennington, p. 262 ; see also Vt. Hist. Soc. Col- 
lections, vol. II. 

Matthew Lyon deserves to be ranked among the remarkable men 
of Vermont. Born in Wicklow county, Ireland, in 1746, he was appren- 
ticed at an early age to a printer and bookbinder ; but he came to 
America at thirteen and was so poor that he had to indenture his person 
in Litchfield, Conn., to pay for his passage. This indenture was finally 
sold to Jesse Leavenworth (one of the founders of Danville, Vt.,) for a 
pair of steers, and Lyon's favorite oath used to be, " by the bulls that re- 
deemed me." He was first known in the annals of Vermont as a dele- 
gate for North Wallingford in the Dorset Convention of July 24, 1776, 
he being then thirty years of age. During the same year he was lieu- 
tenant in Capt. John Fassett jr's. company and was stationed at the 
block-house in Jericho, which was abandoned by the men of the company 
on the retreat of the continental army from Canada. Lyon reported this 
tact to Gen. Gates and charged the responsibility mainly on Capt. John 
Fassett jr., when the officers were arrested, (Lyon included,) tried by 
court martial for cowardice, convicted, and cashiered. * It was in allu- 

1 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 only, 
meaning simply that they had abandoned the post without orders. For 
forty men to stay at Jericho when our army was retreating before the 
British up the lake, and every man, woman and child had quit that part of 
the State, would be something more than courage — sheer fool-hardiness. 
In the Memoir of my own Times, by Gen. James Wilkinson, vol. I, p. 
189, is the following passage, giving unquestionably a truthful account 
of this affair: 

The night of the 7th [July, 1777, the night after the battle of Hub- 
bar Iton,] being extremely dark and rainy, one of the guards took up and 
reported to head quarters a young man suspected of being a spy. I vis- 
ited the guard, and found the prisoner to be a Lieutenant Lyon (since 
Mr. Matthew Lyon of Congress) of the militia, who had joined us to 
offer his services as a guide, of whom we stood in great need, being 
strangers to the country, which was in general a wilderness, a town hav- 
ing sometimes barely a cabin or two to distinguish it; even Bennington, 
the seat of the government of the Hampshire grantees, could not number 
more than a dozen log cabins, which were however surrounded by a con- 
siderable tract of improved ground. Lieutenant Lyon, an active, ardent 
young man, was extremely zealous, and accompanied us as long as his 



124 Council of Safety — Introduction. 

sion to this event in Lyon's history that afterward, in Congress, Koger 
Griswold taunted Lyon for " wearing a wooden sword," and Lyon re- 
sented the insult by spitting in Griswold's face. For this it was proposed 
to expel Lyon from the House, and the vote stood yeas 52, nays 44 — 
failing for want of two thirds. Goodrich afterwards caned Lyon, when 
it was proposed to expel both members, but that was rejected, 73 to 21, and 
a resolution to reprimand them failed by one majority. The cashiering of 
Lyon was not injurious to him in Vermont, however annoying for a 
time it might have been, as he was subsequently made commissary-gen- 
eral, and colonel, and elected twice to Congress. — Benton's Abridgement 
of the Debates of Congress, vol. n, pp. 205-206. 

Arlington was a stronghold of the tories, and the Convention of Sept. 
25, 1776, ordered the Friends of Liberty to choose a Committee of Safety 
nevertheless, conduct as other towns, and call upon the committees of 
neighboring towns for aid if necessary. Further to thwart the tories 
of that town, Thomas Chittenden, Matthew Lyon and John Fassett, jr. 
temporarily became citizens of Arlington, taking possession of the 
confiscated property of tories. Ira Allen was only three miles distant, 
and these four leading men of the State erected a judgment seat and sat 
as a council to pronounce woe upon every rebellious tory. — Vt. Hist. 
Mag., vol. 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 
doue.— Vt. Hist. Soc. Coll., vol. n, p. 428. July 15, 1777, Gen. Schuyler 
restored Lyon to his military rank by appointing him a temporary pay- 
master in Warner's regiment. In April 1778 he was appointed deputy 
Secretary of the Governor and Council, and he served until Nov. 24. He 
was also clerk of the Assembly and Secretary of the Board of War in 1779. 
He represented Arlington in the General Assembly four years, 1779-1782; 
and Fairhaven ten years, 1783-4, and 1787 to 1796. He was elected to 
Congress in 1796 and re-elected in 1798, first taking his seat at the called 
session, May 15, 1797, and closing his service for Vermont on the 3d of 



services were useful: he had been stationed the preceding campaign, 
with a party of militia, at Otter creek, [Onion river,] in a subordinate 
capacity, the post was evacuated without orders, and Lieutenant Lyon 
has been censured for that transaction, although he opposed the meas- 
ure, and on an investigation was acquitted of blame. 

The last assertion probably refers to an investigation made by Maj. 
Gen. Schuyler, who restored Lyon to service as pay-master in War- 
ner's continental regiment. 



Council of Safety — Introduction. 125 

March, 1801. Lyon was a terse and vigorous writer and an able debater, 
and these qualities were manifest in his speeches, of which abstracts have 
been preserved. He was neither inactive nor insignificant in Congress. 
On the|4th of July 1798 the sedition act went into effect, and on the 31st 
of the same month the Vermont Journal [Windsor] published a letter 
written by Lyon June 20. fourteen days before the act went into effect, 
but mailed at Philadelphia, as appeared by the postmark, on the 7th of 
July, three days after the act had been approved. A portion of this let- 
ter was deemed seditious, and for it Lyon was indicted, tried and con- 
victed in October following, the penalties being a fine of $1000 and im- 
prisonment for four months. While he was in prison he was re-elected 
to Congress, and when the prison doors were opened in Feb. 1799, at the 
end of the four months, he announced that he was on his way to attend 
Congress at Philadelphia, and thus escaped a re-arrest which his oppo- 
nents had prepared for him. He took his seat on the 20th of February, 
and on the same day Mr. Bayard of Delaware introduced the following 
resolution, which is very extraordinary when compared with the lan- 
guage for which Lyon was indicted: 

Resolved, That Matthew Lyon, a member of this House, having been 
convicted of being a notorious and seditious person, and of a depraved 
mind, and wicked and diabolical disposition; and of wickedly, deceitfully, 
and maliciously, contriving to defame the Government of the United 
States, and John Adams, the President of the United States, and 
to bring the said Government and President into contempt and disre- 
pute, and with intent and design to excite against the said Government 
and President the hatred of the good people of the United States, and 
stir up sedition in the United States — wickedly, knowingly and mali- 
ciously, written and published certain scandalous and seditious writings, 
or libels, be therefore expelled this House. — Benton's Abridgement of 
the Debates of Congress, vol. ii, p. 364. 

The editor now gives Lyon's words, both as a comment on the animus 
of Mr. Bayard's resolution, and as a specimen of Lyon's style. It cer- 
tainly was not seditious under the present measure of the liberty of the 
press : 

As to the Execute, when I shall see the efforts of that power bent 
on the promotion of the comfort, the happiness, and the accommodation 
of the people, that executive shall have my zealous and uniform support. 
But whenever I shall, on the part of the Executive, see every considera- 
tion of publick welfare swallowed up in a continual grasp for power, in 
an unbounded thirst for ridiculous pomp, foolish adulation, or selfish 
avarice ; when I shall behold men of real merit daily turned out of office 
for no other cause but independency of spirit ; when I shall see men of 
firmness, merit, years, abilities, and experience, discarded, in their appli- 
cations for office, for fear they possess that independence, and men of 
meanness preferred, for the ease with which they can take up and advo- 
cate opinions, the consequences of which they know but little of; when 
1 shall see the sacred name of religion employed as a state engine to 
make mankind hate and persecute each other, I shall not be their humble 
advocate. 

Another charge against Lyon was, that he had procured the publica- 
tion of a "Letter from an American diplomatic character [Joel Barlow,] to 



126 Council of Safety — Introduction. 

a member of Congress in Philadelphia" [Abraham Baldwin,] containing 
alleged seditious matter ; which Lyon denied, and in any event it is not 
necessary to quote it. — For this and the preceding extract, see Rev. 
Pliny II. White's address before the Vt. Historical Society Oct. 29, 
1858, on the Life and Services of Matthew Lyon. 1 

Another fact pertinent to the animus of Bayard's resolution was, that on 
its passage might depend the fact whether the federalists should or should 
not have the vote of the state if the election of President should be thrown 
into the House in the next Congress, it being then known that the 
two members elect for Vermont for the sixth Congress were Matthew 
Lyon Republican, and Lewis R. Morris Federalist — Lyon having 
been elected on the second trial by five hundred majority. If Lyon 
could be expelled, the Federalists would at least have a chance to secure 
the seat on a special election. 

Mr. Bayard's resolution was debated through the 22d of February, 
when the vote Was taken — yeas 49, nays 45 ; not two thirds, and there- 
fore the resolution failed. 

At the second session of the Sixth Congress occurred an election of 
President of the United States by the House of Representatives. The 
electoral votes were declared on the 11th of February, 1801, by which it 
appeared that Thomas Jefferson and Aaron Burr had each received 
c. majority, but that, as the number of votes for each was equal, no choice 
had been made by the people. The House of Representatives therefore 
on that day proceeded to ballot for President, and it balloted from day to 
day until February 17. Through thirty-five ballotings there was no elec- 
tion, and on each of the thirty-five the vote^ of Vermont was divided, 
Mr. Lyon voting for Jefferson, and Mr. Morris for Burr. On the thirty- 
sixth ballot Mr. Morris withheld his vote and Mr. Lyon voted for Jeffer- 
son, thus giving the vote of Vermont to Jefferson, which was sufficient 
to elect him. In Maryland, however, four opponents of Mr. Jefferson 
cast blanks, so that the other four members cast the vote of that state for 
Mr. Jefferson. Lyon on one occasion said, on a disagreement with Jef- 
ferson — " I made him, and I can unmake him !" «This was assuming 
overmuch, as Lyon's vote would have been counted as nothing if Morris 
had not withheld his. The vote of either Vermont or Maryland would 
have elected Jefferson, but both were permitted by the Federalists to be 
cast for him on the advice of Alexander Hamilton, as a choice of evils, he 
much preferring Jefferson to Burr. This event made the hostility be- 
tween Hamilton and Burr from thenceforth deadly, in fact ending in the 
death of Hamilton at the hand of Burr. 

On returning from Congress in March, 1801, Mr. Lyon found his exten- 
sive business in Vermont much embarrassed, and moreover his political 
foes were lying in wait for him with fresh annoyances : he therefore re- 

1 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 the 
Union. He served two years, 1802-3, in the legislature of that State, 
and as a member of Congress eight years, 1803 to 1811. ~Nov. 13, 1811, 
he petitioned Congress to refund the fine of $1000 and costs ($1060.90) 
imposed on him under the sedition act, and after a delay of nearly thirty 
years, July 4, 1840, an act was passed refunding to his heirs the amount, 
with interest from February 1799. The House passed the bill by nearly 
a unanimous vote— yeas 124, nays 15. 

In 1812 he contracted with the United States to construct gun-boats 
at his ship-yard on Cumberland river, to be delivered at New Orleans. 
Some were wrecked on the way, others were not completed in time, and 
on the whole the undertaking was disastrous. In 1820 he was appointed, 
under. Monroe's administration, a factor with the Cherokee Indians in 
Arkansas, and on the organization of that territory he was elected first 
delegate to Congress, but he did not live to take his seat. He died, near 
Little Rock, Aug. 1, 1822, in the 76th year of his age. 

Chittenden Lyon, son of Matthew, and grand-son of Gov. Thomas 
Chittenden, served in both branches of the legislature of Kentucky, and 
then eight years in Congress, ending March, 1836, when he voluntarily 
retired. He died in November, 1842. It is hardly possible that another 
instance can be found where a father has been elected to Congress from 
three different states and been succeeded in the same office by a son. 
Rev. Asa Lyon, member of Congress from Vermont, and Lucius Lyon, 
member and Senator in Congress from Michigan and a native of Ver- 
mont, were in no degree related, it is believed, to the family of Matthew 
Lyon. 

However valuable to the state the services of Matthew Lyon may 
have been in the many public offices he filled, it may be doubted whether 
his influence as an enterprising and energetic business man was not even 
more valuable. He was daring in his enterprises, and had he either 
neglected politics and given his intellect and skill to business, or given 
less attention to business and more to culture in law and statemanship, he 
might have been an eminently successful man. In the History of Fair- 
haven, by Andrew N. Adams, it appears that Lyon's first store was built 
in 1791 ; Lyon's tavern house prior to 1787, and a private residence after- 
ward; Lyon's Iron Works [smelting, &c] were built in 1785 — twice burnt 
but are still in operation ; Lyon's Paper Mill was started in 1790 or '91, 
(in which, almost a century ahead of the rest of the world, he manu- 
factured paper from basswood) — burnt twice, but still in operation ; the 
first grist-mill was built by Col. Lyon and 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 operation ; Lyon's saw-' 
mill was also the first, in 1783, and the power is still used ; in 1797 Lyon 
had another saw-mill, which he sold in 1800 — burnt in J 833, and not re- 
built. To this must be added that Col. Lyon established a printing-office, 
and started the third newspaper in Vermont, The Farmers' Library, in 



128 Council of Safety — Introduction. 

1793, which was continued under different names and proprietors (in the 
Colonel's interest) until 1798. He left his marks elsewhere in Vermont, 
and when he removed to Kentucky he carried with him a printing-office, 
and established a newspaper in that state, adding the tanning busi- 
ness, iron-works, and gunboats as has been seen. He was on the whole, 
probably, more useful to the public than to himself or his family, 
which, Chittenden Lyon excepted, seems to have been generally un- 
successful. 

Moses Robinson was son of Samuel Robinson, senior, the pioneer 
settler of Bennington, who went in Dec. 1765 as agent of the New 
Hampshire Grantees to petition the king for relief against the govern- 
ment of New York, and died in London, Oct. 27, 1767. Samuel was born 
in Cambridge, Mass., in 1705, son of Samuel Robinson, who was born in 
Bristol, England, in 1668, and claimed descent from Rev. John Robin- 
son, "the father of the Independents," who was pastor of " The Pil- 
grims" before they sailed from Holland in the " Mayflower," in August, 
1620. 1 Moses Robinson was born in Hardwick, Mass., March 26, 1744, 
and came to Bennington with his father in 1761. He was the first town 
clerk, chosen in March 1762, which office he held nineteen years. As 
colonel of militia, he was with his regiment at the evacuation of Ticonde- 
roga and Mount Independence in July 1777. He was a member of the 
Council of Safety, 1777-8, and Councillor eight years, to Oct. 1785. In 
1778 he was appointed as chief justice, to the bench of the Supreme Court, 
and he served on the bench from 1778 to 1783-4, and again from 1785 
to 1788-9, in all ten years, when he was elected governor by the General 
Assembly. 2 

On the admission of the state to the Union in 1791, Mr. Robinson was 
one of the first two U. S. Senators, serving till June 1, 1796. Gov. Robinsou 
was a man of piet}' of a marked type. On one occasion when absent from 
home settling an estate with others and being delayed in the business, he 
proposed to spend the time in a prayer-meeting, which was agreed to; and 
in another prayer-meeting, having invited two deacons successively, but 
in vain, to lead in prayer, the governor undertook that duty himself, be- 
ginning by this frank confession : " O, Lord ! thou knowest we have 
come up here this afternoon to worship Thee, and we are cold and luke- 
warm as it were, — I fear at least some of us are!" It is recorded that he 
was very wealthy, and "liberal to the cause of religion corresponding to 
his ability." He united with the church, of which Rev. Jedediah Dewey 
was pastor, June 20, 1765, and was elected deacon May 22, 1789, which 

1 Neal's History of the Puritans, vol. I, pp. 244, 269. 

2 The votes of the freemen in 1789 were for Thomas Chittenden 1263, 
Moses Robinson 746, Samuel Safford 478, all others 378— no election. 
Robinson was elected in Joint Assembly Oct. 9, and Gov. Chittenden, as 
presiding officer, was requested to inform him of his election. — Vt. Hist. 
Soc. Collections, vol. n, p. 484. 



Council of Safety — Introduction. 129 

office he held until his death, May 26, 1813. In death he was triumphant. 
A witness of the scene (wife of Gen. David Robinson) said of it : "if she 
could feel as he did, it would be worth ten thousand worlds." — See Early 
History, p. 467 ; Memorials of a Century, Bennington, pp. 233-236. 

Doctor Paul Spooner appears first in Vermont history as a dele- 
gate from Hertford [ Hartland] in a convention at Westminster, Oct, 19, 

1774, called to condemn the tea act, the Boston port bill, and other kind- 
red measures of the king and parliament of Great Britain. Doct, Spooner 
was one of a committee which made a written report expressing surprise 
that the king and parliament should dare to assert "a right to bind the 
colonies in all cases whatsoever," and to take, "at their pleasure, the 
properties of the king's American subjects without their consent." "He 
who has nothing," said this committee, "but what another has power at 
pleasure lawfully to take away from him, has nothing that he can call his 
own, and is. in the fullest sense of the word, a slave — a slave to him who 
has such power; and as no part of British America stipulated to settle as 
slaves, the privileges of British subjects are their privileges, and who- 
ever endeavors to deprive them of their privileges is guilty of treason 
against the Americans, as well as the British constitution." He again 
appeared as a delegate at a convention of whigs at Westminster, Feb. 7, 

1775, and was secretary. Still again, June 6, 1775, he was delegate at a 
Cumberland county Congress, [so called,] and was chosen one of three 
delegates to represent the county in the New York Provincial Congress. 
He served as such for the remainder of the session which commenced 
May 23, 1775, was re-elected Nov. 7 and served in the session which 
commenced Nov. 14. May 5, 1777, he was chosen sheriff of Cumberland 
county under New York, but declined accepting the office in a letter 
dated July 15. Just one week before writing that letter he had been ap- 
pointed one of the Vermont Council of Safety, which office he accepted, 
and he was appointed deputy secretary thereof in the absence of the sec- 
retary, Ira Allen. He was member of the first Council under the consti- 
tution, and was re-elected five times, serving from 1778 till October 1782, 
when he was elected lieutenant governor, and annually re-elected until 
1787. Twice he was agent from Vermont to Congress, in 1780 and again 
in 1782. For nine years he was a judge of the supreme court, in 1779 ami 
1780, and again from 1782 to 1788. During the same period, in 1781 and 
1782, he was judge of probate for Windsor county. He removed from 
Hartland to Hardwick, and was the first town clerk of the last named 
town, elected March 31, 1795. He was also its first representative in the 
General Assembly, and served as such three years, in 1797, 1798 and 
1799. wt He is believed," said Hiland Hall, "to have been well edu- 
cated, and to have had a good professional reputation." — See Eastern 
Vermont ; Early History of Vermont ; and history of Hardwick in Vt. 
Hist. Mag., vol. I. 



PROCEEDINGS 



OF THE 



COUNCIL OF SAFETY. 

JULY 8 TO AUGUST 15, 1777. 



As late as March 18, 1788, according to Joseph Fay, the first secre- 
tary (Ira Allen) had the minutes of the proceedings of the above 
period in his possession. Nevertheless, these minutes have never come 
into the possession of the State, nor can they be found elsewhere : they 
are therefore now to be supplied, imperfectly no doubt, from the state- 
ments in Ira Allen's History, with such copies of letters, circulars, and 
orders of the Council as can be obtained from other sources. 



On the adjournment of the Convention at Windsor, July 8, 1777, Ticon- 
deroga had fallen into the hands of the enemy, Warner had been defeated 
at Hubbardton, and Burgoyne's splendid army was advancing into New 
York on the western border of Vermont with all possible speed. The 
most energentic labors of the Council were demanded instantly, and the 
board proceeded direct to Manchester, where Warner had fixed his head- 
quarters with a remnant of his regiment. 1 

l I. Allen's History in Vt. Hist. Soc. Col, vol. I, p. 383. One source of 
alarm was in the probable effect of the following document : 

TFrom Vt. Historical Society Collections, Vol. I.] 

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

To the inhabitants of Castleton, of Hubbardton, Rutland, Tin mouth, 
Pawlet, Wells, Granville [N. Y.] with the neighbouring districts ; also 
the districts bordering on White creek, Cambden, Cambridge, [N". Y.,] 
&c. &c, &c, 

You are hereby directed to send from your several townships deputa- 
tions, consisting of ten persons or more from each township, to meet 
Colonel Steene at Castleton, on Wednesday, July 15th, at ten in the morn- 



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

A quorum of the members at least was present, and the Council was 
organized as follows : 

Thomas Chittenden, President. 
Jonas Fay, Vice President. 
Ira Allen, Secretary. 

[From Vt. Hist. Soc. Collections, vol. I.J 

In Council of Safety, State of Vermont, ) 
Manchester, 11th July, 1777. $ 
Gentlemen— The inclosed is a Copy of General St. Clair's Letter to the 
Convention of this State, by which you will learn his request to the 
Militia of your state. No further accounts have arrived since the date 
of the enclosed except that there are Small Scouting Parties foraging in 
the Woods. You will Learn the Provision General Schuyler has made 
for the protection of this State, and you will naturally understand that 
when we cease to be a frontier your State must take it. Would beg your 
advice and assistance for the good of the whole, and have the honor 
to be, 

Gentlemen, with respect. 

Your most Obdt and Very Humble Servant. 
By order of the Council, 

Ira Allen, Secr'y. 
N. B. — News has this moment come to hand that General How, with 
his army, have got up North River as far as Tappan near the Highlands, 
and that the inhabitants are moving out of Albany. We hear General 
Washington is with his army in high spirits watching the motion of the 
Enemy. I. Allen. 

The Hon ble the Council of Safety JV. Hampshire State. 

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

In Council of Safety, State of Vermont, 
Manchester, 15th July, 1777. 
Gentlemen, — This State in particular seems to be at Present the object 
of Distinction. By the surrender of the fortress Ticonderoga a Com- 
munication is opened to the Defenceless inhabitants on the frontier, who 
having little more in present store than sufficient for the maintenance of 
their Respective Families, and not ability to immediately remove their 
effects, are therefore induced to accept such Protections as are offered 
them by the Enemy : by this means Those Towns who are most Conti- 
guous to them are under necessity of Taking such Protection, by which 
the next Town or Towns become equally a frontier as the former Towns 
before such Protection, and unless we can obtain the assistance of our 
friends so as to put it immediately in our Power to make a sufficient 
stand against such strength as they may send, it appears that it will 

ing, who will have instructions not only to give further encouragement 
to those who complied with the terms of my late manifesto, but also to 
communicate conditions upon which the persons and properties of the 
disobedient may yet be spared. 

This fail not to obey, under pain of military execution. 
Head Quarters, at Skeensborough House, July 10th, 1777. 

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, notwithstanding its infancy, seems as well supplied with provisions 
for Victualling an army as any Country on the Continent, so that on 
that account we cannot see why a stand may not as well be made in this 
State as in the State of New Hampshire, and more especially as the in- 
habitants are Heartily Disposed to Defend their Liberties. You, Gentle- 
men, will be at once sensible that Every such Town as accepts protection 
are rendered at that instant forever incapable of affording us any further 
assistance, and what is infinitely worse, as some Disaffected Persons 
eternally Lurk in almost every Town, such become Doubly fortified to in- 
jure their Country. Our Good Dispositions to Defend ourselves and make 
a frontier for your State with our own, cannot be Carried into execution 
without your assistance. Should you send immediate assistance we can 
help you, and should you neglect till we are put to the necessity of taking 
protection, you Readily Know it is in a moment out of our power to as- 
sist you. Laying these 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 Obed 1 and very Hum bl Serv*- 
By order of Council, Ira 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 



1 This was sent to the Massachusetts Council also. The reported for- 
tification at Castleton was one of a multitude of rumors growing out of 
the panic, when everybody was inclined to believe the worst. 

The reply of the President of New Hampshire, and the orders to 
Stark referred to, were as follows : 

Letter from Meshech Weare, President of the State of New Hampshire, 
to Ira Allen, Secretary of the State of Vermont. 

[From Slade's State Papers, page 80.] 

Exeter, July 19, 1777. 

Sir, — I was favored with yours of the 15th inst. yesterday by express, 
and laid the same before our general court, who are sitting. 

We had, previous thereto, determined to send assistance to your state. 
They have now determined, that a quarter part of the militia of twelve 
regiments shall be immediately draughted, formed into three battalions, 
under the command of Brig. Gen. John Stark, and forthwith sent into 
vour 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 }^our conven- 
tion will send some proper person or persons to Number Four, [Charles- 
town, N. H.,] by Thursday next, to meet Gen. Stark there, and advize 
with him relative to the route and disposition of our troops, and to give 
him such information as you may then have, relative to the maiueuvres 
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 Vermont, > 

Manchester, 15th July, 1777. \ 

To all Militia Officers whom it may Concern : 

This is the second and perhaps the last express we may be able to send 
you from this Post. Your immediate assistance is absolutely necessary. 
A few hundred Military Troops to be joined to our present strength 
would greatly add to our present encouragement, as by late information 
we Learn that a large Scout of the Enemy are disposed to take a Tour 
to this post ; the inhabitants, with their families, cannot be quieted with- 
out an assurance of the arrival of Troops directly for their assistance. 
You will Please to let us know your determination without delay. 

The Continental Stores at Bennington seem to be their present aim. 
You will be supplied with provision here on your arrival. Pray send all 
the Troops you can Possibly Raise ; we can Repulse them if we have 
assistance. 

I have the honor to be your Most Obd* Hum bl Serv*- 

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

On the same day, Allen communicated the alarming rumor as to Cas- 
tleton to Gen. Philip Schuyler. This letter is not in any of the Ver- 
mont collections. Its tenor can be gathered from Schuyler's reply : 

Fort Edward, July 16, 1777. 

Sir - It gives me great pain that I am not in a capacity directly to 
answer your letter of the 15th inst. As an officer of the Honorable the 
Congress, who represents the thirteen United States of America, I can- 
not with propriety take notice of a fourteenth state, unknown in their 
confederacy. In order that the public service may not suffer, I shall 
however answer your letter, which, for the reasons already assigned, I 
am under the necessity of doing in your private capacity. 

That the enemy should fortify at Castleton is to me exceedingly un- 
accountable. It is certain that a considerable body of their troops with 
General Burgoyne are at Skeensborough ; that from corroborated infor- 
mation a body of them have gone to Ticonderoga, to come by the way 
of Lake George. 

It is doubtless extremely difficult to move the inhabitants that lie 
nearest the enemy, but I should hope that Colonel Warner, supported 



State of New Hampshire, 
Saturday, July 19 th , 1777. , 

To Brig d Gen 1 Jn° Stark,— You are hereby required to repair to Charles- 
town, N° 4, so as to be there by 24 th — Thursday next, to meet and confer 
with persons appointed by the convention of the State of Verment rela- 
tive to the route of the Troops under your Command, their being sup- 
plied with Provisions, and future operations— and when the Troops are 
collected at N°- 4, you are to take the Command of them and march into 
the State of Vermont, and there act in conjunction with the Troops of 
that State, or any other of the States, or of the United States, or sepa- 
rately, as it shall appear Expedient to you for the protection of the Peo- 
ple or the annoyance of the Enemy, and from time to time as occasion 
shall require, send Intelligence to the Gen 1 Assembly or Committee of 
Safety, of your operations, and the manoeuvers of the Enemy. 

M. Weare. 

Stark refused to act under the continental officers. 



134 Council of Safety— July 8 to Aug. 16, 1777. 

by the militia under Colonel Simmonds which I have ordered to join him, 
and with that of the State of New Hampshire, and such as can be col- 
lected from the more Southern parts of what are commonly called 
Grants, would be able to effect this business in a very great measure. 

The enemy, by the last accounts, are not above six thousand ; and if it 
be true that they are disposed of as I have mentioned, the body at Castle- 
ton cannot be considerable. I have ordered such persons as are going 
to the enemy for protection, to be seized and sent prisoners to me. Three 
have been delivered to me and I have sent them to jaol in Albany. I 
think it would be right to adopt a similar conduct, especially to those 
who are not yet so much in their power as to be obliged to accept pro- 
tection from them. 

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

P. Schuyler. 

Of this period Ira Alleis" wrote as follows : 

The Council of Safety then attended to the affairs of the government, 
but their situation was very unpleasant, as the Constitution had only de- 
clared the district to be a free state ; but the Government was not or- 
ganized, as the Constitution was not fully completed, and near three 
quarters of the people on the west side of the Green Mountains were 
compelled to remove, and the rest were in great danger. It was they 
who principally supported the title of the New Hampshire Grants, 
against the unjust claims of New York, and their removal would expose 
the settlers on the east side of the Green Mountains to an invasive war, 
both from the Savages and the British ; besides, the late proceedings of 
Congress had been partial towards New York, and against Vermont ; 
the people of the new State had reason to expect no favour from the 
Committee of Safety of New York, as its members were in fact com- 
posed of the old sycophants of the late Government, which they pru- 
dently deserted. Gain and dominion were objects of the first conse- 
quence to some of the Committee of New York, and the citizens of the 
New State were conscious that they would take every sinister and possi- 
ble step to divide the people, and would not be dissatisfied with any mis- 
fortune which befel them, even by the common enemy. 

The Council of Safety had no money or revenue at command, their 
powers and credit were not extensive, and all expresses were supported 
at their private expence : yet, in this situation, it became necessary to 
raise men for the defence of the frontiers, with bounties and wages ; 
ways and means were to be found out, and the day was spent in debat- 
ing on the subject ; Nathan Clark, not convinced of the practicability 
of raising a regiment, moved in Council, that Mr. Ira Allen, the young- 
est member of Council, and who insisted on raising a regiment, while a 
majority of the Council were for only two companies, of sixty'men 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 Mr. Allen took the matter into consideration. 
Next morning, at sun-rising, the Council met, and he reported the ways 
and means to raise and support a regiment, viz. that the Council should 
appoint Commissioners of Sequestration, with authority to seize the 
goods and chattels of all persons who had or should join the common 
enemy ; and that all property so seized should be sold at public vendue, 

1 For this counter proclamation to Burgoyne's, see Vt. Hist. Soc. Coll. , 
vol. i, p. 182. 



Council of Safety— July 8 to Aug. 15, 1777. 135 

and the proceeds paid to the Treasurer of the Council of Safety, for the 
purpose of paying the bounties and wages of a regiment forthwith to be 
raised for the defence of the State. The Council adopted the measure, 
and appointed officers for the regiment. Samuel Herrick, Esq., was ap- 
pointed the Colonel, and the men enlisted, and the bounties paid in fif- 
teen days, out of the confiscated property of the enemies of the new 
state. Tins was the first instance in America of seizing and selling the 
property of the enemies of American independence. 1 

The Council adjourned to Bennington, and about the time this regi- 
ment was raising, a party of militia from Massachusetts arrived in the 
new State. Gen. Schuyler, a citizen of the State of New York, and 
Commander in Chief of the northern army, no sooner heard of it than 
he sent orders to the militia of Massachusetts, and to Colonel Herrick's 
regiment, to repair forthwith to Saratoga ; the militia from Massachu- 
setts were obliged to obey, according to the regulations of the Continen- 
tal Congress ; but the Council of Safety superceded General Schuyler's 
orders, and gave special directions to Colonel Herrick to remain within 
the State of Vermont. This occasioned some irrascible letters between 
General Schuyler and the Council of Safety, which were terminated by 
a peremptory order of Council to Colonel Herrick not to put himselfun- 
der the command of General Schuyler. 2 

[From page 44 of the Official Ms. Record of the Council of Safety.] 

State of Vermont, in Council of Safety, 
Manchester, July loth, 1777. 
To Samuel Herrick, Esq. : 

We Reposing special trust and confidence in your Patriotism Vali- 
ours Conduct and Fidelity do by these presents Constitute you to be 
Lieutenant Colonel Commandant of a Regiment of Rangers Raised 
within this State for the Immediate defence thereof, and to be under the 
Special direction of this Council or the Commander in Chief of the 



1 In 1808 Allen repeated his claim to this honor, which he could hardly 
have done had it been controverted by any body. Gov. Hall says in 
reference to Allen's claim : " Such is believed to be the fact, though the 
measure was afterward pursued in all the states." Not until Nov. 27, 
1777, four months after the Vermont Council of Safety had adopted Al- 
len's project, did Congress recommend the same course to all the states. 
— H. Hall's Early History, p. 260 ; and Journals of Congress, 1777-78, 
vol. in, p. 423. 

2 Ira Allen's History, in Vt. Hist. Soc. Collections, vol. I, pp. 384-5. 
D. P. Thompson, in his address before the Vt. Historical Society in 1850, 
gave a very spirited sketch of a debate in the Council on the defection 
of Benjamin Spencer and the vital question of military supplies, pur- 
porting that it occurred on the day Paul Spooner wrote to Gen. Bay- 
ley of Spencer's conduct; but, alas! it was all fiction. Ira Allen fixed 
the decision of the supply question (confiscation) before the adjournment 
of the Council of Safety to Bennington— -of course between the 11th and 
15th of July, on which day Herrick was commissioned Colonel as the first 
result of Allen's policy,— while Spooner's letter to Bayley was dated on the 
11th of August following. The truth of history forces this unwelcome 
marring of Mr. Thompson's pretty picture. 



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

Army Commanding the department the East side of Hudson's River; 
You are therefore carefully and diligently to discharge the duty of 
a Lieutenant Colonel Commandant, by doing & performing all man- 
ner of things thereunto belonging — And we do Strictly Charge and Re- 
quire all officers <& soldiers under your Command to be obedient to your 
orders as Lieutenant Colonel Commandant. And you are to observe 
and follow such orders and directions from time to time as you shall re- 
ceive from this Council or the Commander in Chief of the Army afore- 
said, or any other your Superior officer according to the Rules and dis- 
cipline of War. In pursuance of the Trust reposed in you, this Com- 
mission to Continue in force until the first day of January next. 
By order of Council, 



Attest, Ira Allen, Secy. 



Thomas Chittenden, Prest. 



Benjamin Wait was appointed Major of Herrick's regiment Sept. 3, 
1777; Elisha Clark Adjutant, and James Walworth Quarter-Master, 
Aug. 24. 

In Council of Safety, State of Vermont, 
Bennington, 28 July, 1777. 

To : You are hereby required (agreeable to a previous 

resolve of this Council) to seize all lands, tenements, goods and chattels, 
of any person or persons in this State; whom you know or may here- 
after learn, to have repaired to the enemy, and a true inventory thereof 
to take, and return to this Council, except articles as are wanted for the 
use of the army; which are wanted at Manchester or elsewhere, where 
there is a contractor to receive and pay for them. You will appoint 
three persons noted for good judgmeut, who are, after being duly sworn, 
to apprize the same ; and all other movable effects you are to sell at pub- 
lic vendue, except such necessaries as humanity requires for the support 
of such families. And after paying necessary charges you are to remit 
the remainder of the money to this Council. You will take the natural 
and artificial marks of every creature you shall receive, or take, and their 
age, from whom they came, for what sold, and to 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 will seize all their movable effects 
(where there is danger of their being embezzled) and keep in safe cus- 
tody until after trial. If they are acquitted, to give unto such person or 
persons such seizour; but if found guilty, to make return to this council. 
You are to call to your assistance such person or persons as you shall 
find necessary, keeping regular accounts of all your procedures. 
By order of Council, 

Ira Allen, Secy. 1 

1 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 state use being thus secured, a regiment of ran- 
gers was soon organized under Col. Samuel Herrick, which did efficient 
and valuable service to the state and country." 1 



[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 by our troops that were gath- 
ering to pay them a visit; for which reason it is likely that most or all 
the crops may be saved, if the inhabitants return soon. 
By order of the Council, 

Ira Allen, Secretary. 

Having learned that Capt. James Clay, chairman of the Cumberland 
County Committee of Safety, had been distributing resolutions of Con- 
gress adverse to Vermont, which had been printed by New York and 
sent to Mr. Clay for that purpose, August 10, 1777, the Council issued a 
warrant for his arrest. 

11 He was accordingly taken before them as a prisoner, [on an order 
dated Aug. 29th,] and was informed by Col. Thomas Chittenden that he 
had done wrong in obeying the directions of New York; in notifying a 
meeting of the County Committee [to hear those resolutions read pub- 
licly;] in distributing the resolves of the Continental Congress; and in 
inciting people against the new state. On these charges Clay was de- 
tained in custody six days. At the end of that period he was allowed to 
return to his home in Putney." 2 



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

In Council of Safety, State of Vermont, > 
Bennington, 11th August, 1777. ) 
Bear Sir, — As the Council is much crowded with business, as one of 
our Members is with our Enemies, (viz. Esq. Spencer, 3 ) as an attendance 

1 Early History, p. 260. 

2 Eastern Vermont, pp. 298, 299. That Ira Allen visited Cumberland 
County at this time and was zealous in counteracting the efforts of New 
York, appears from the following item in his account against the State, 
which will be found in Thompson's Vermont, Part n, 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 Kegt. of Kangers, pay 
bounty money, &c, £7 0. 

•Benjamin Spencer of Clarendon; see note ante, p. 68. 

11 



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

of all the Members is required (that are on this side the mountain) to 
make a quorum, and as some of us want to visit our families, we wish 
for your speedy attendance on the council, together with the other Mem- 
bers on the east side of the mountain. We have herewith sent an ex- 
press to Col. Marsh and Olcott, for one half of their militia. The enemy 
have pointed their whole force toward Albany and evacuated this State 
entirely, they have left Ticonderoga with but about 100 men, as we find 
by our friends, who they have taken prisoners, and have made their es- 
cape. 

Our Army lies at Still Water and recruits are daily passing through 
this town on their way to join them. Their army is in part as low down 
as Saratoga, the rest at Fort Edward. Their Indians do some mischief 
by firing on scattering parties, &c. A subaltern Officer of our Rangers 
returned last evening with a small scouting party of six men only from 
Saratoga with two Tory Prisoners, eight head of cattle, a span of horses 
and a waggon. 

Pr Order,, 

Paul Spooner, D. Sec'y. 

Brig. Gen. Bayley. 



Circulars to the Colonels of the State Militia. 

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

State of Vermont, in Council of Safety, ) 
Bennington, 13 th Aug*- 1777. J 

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 North River, 
which will be clear from Gen. Schuyler's Command, and as an Expedi- 
tion is on foot of the greatest importance, which is to remain a secret till 
the Troops are Collected, these are therefore the most Positive terms to 
Require you without a moment's Loss of Time to march one half of the 
Regiment under your Command to this Place. No small excuse at this 
Juncture can be received. 

Whilst I am writing this we are informed by Express that a Large 
Body ot the Enemy's Troops Were Discovered two hours ago in St. 
Koik, 12 Miles from this Place, and another Body at Cambridge, About 
18 Miles from this, that they marched Boldly in the Road, and there will 
Doubtless be an attack at or near this Place within 24 howers. We have 
the assistance of Maj r general Stark with his Brigade, You will hurry 
what Rangers forward are Recruted with all speed. Now is the time, S r - 
I am S r 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 Blade's State Papers, p. 197.] 



State of Vermont, > 

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. 15, 1777. 139 

within four or five miles of this place, and the lead will be positively 
wanted. 

By order of the Council, Paul Spooler, D. Sec'y. 

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

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

Madam — Please to send by the bearer, Jedediah Reed, 6 or 7 lbs. of 
lead, by Col. Simonds 1 order. 

By order of Council, Paul Spooler, D. Sec'y. 

Mrs. Simonds. 



OFFICIAL RECORD 

OF THE 

Council of Safety 

OF THE 

STATE OF VERMONT. 



AUGUST 15, 1777, to MARCH 12, 1778. 



CERTIFICATE PREFIXED TO THE OFFICIAL RECORD. 

The first 20 pages in this .Book is left blank for the purpose of Enter- 
ing the Minutes of the Council of Safety of the State of Vermont from 
Jany. 1776 [to] the 15th August 1777, 1 during which time Col°- Ira Al- 
len was Secretary and has the Minutes of s d Council in his possession. 
Certified by Jos. Fay, Sec'y. 

1 Secretary Fay counted the records of the General Conventions, be- 
ginning in January 1776, as part of the " Minuses of the Council of 
Safety of the State of Vermont." It is true that the Conventions were 
in fact Councils of Safety, but that title belongs technically to the Council 
.of twelve established by the Convention at Windsor, July 8, 1777. 



OFFICIAL RECORD 



OF THE 



COUNCIL OF SAFETY. 

AUGUST 15, 1777, to MARCH 12, 1778. 



Bennington, 15 August 1777. 
A warrant was given to Dr. J. Rhuback to impress a horse to Ride to 
Gen. Stark's Head Quarters in this Town, drawn in the usual form. 1 

To Lieutenant Peter Boberts one of the Commissioners of Sequestration: 

Sir, — You are hereby directed to forward the Cattle under your care 
(being 111 head) to New Providence, then and there to Advertise said 
Cattle and expose them to Sale at Public Vandue, and [keep] fair accounts 
of said 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 Vermont. In Council of Safety, August 16 th ' 1777. 

To Colonel John Williams: 2 
Sir, — You will proceed with your party Towards the lines, and if 
the Enemy should retreat, you will Repair to the Road leading from St. 
Coik [ San Coick] to Hoosach [ Hoosick,] and if you make any discovery, 
Report to this Council ; At the same time you are to pay proper Atten- 
tion to the Road Leading from Hoosach to Pownall. 

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

1 Jacob Roback was appointed by the General Assembly, March 20, 
1776, surgeon for Captains Ebenezer Allen and Isaac Clark's Com- 
panies. He acted in that capacity in 1777, and again in 1779. 

2 Perhaps Col. John Williams of Salem, N. Y.— See Vt. Hist Soc. Col- 
lections, vol. ii, pp. 71, 133. There was a Captain John in the revolu- 
tionary war from Massachusetts, who may have been Colonel of militia. 



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

[ From Vt. Hist. Society Collections, Vol. I, p. 203.] 

Read in the New York Council of Safety at Poughkeepsie, August 19th, 
1777 — forwarded from the Albany Committee. 1 

State of Vermont. In Council of Safety, } 

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

1 Journal of 1ST. Y. 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 is in a great measure compensa- 
ted for by the following tribute from Brig. Gen. John Stark : 

[From the Hartford Courant of Oct. 7, 1777. Reprinted in Vt. Hist. Soc. Coll., vol. I, p. 228.] 

Bennington, August 18, 1777. 

To the printer of the Connecticut Courant, — The following exertions of 
the Council for the Slate 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 provisions of every kind. On receiving au- 
thentic intelligence of the evacuation of those fortresses, and that a 
stand was to be made at Bennington, the same day, the honorable con- 
vention, then sitting as aforesaid, appointed twelve members as a coun- 
cil to transact public business of the state during the recess of the con- 
vention ; who without delay repaired to Manchester, where Col. Warner's 
regiment of Continental troops was at that time posted ; which they 
finding were not a sufficient force to withstand the enemy in case of an 
attack, exerted themselves in a most spirited manner, and collected the 
militia of said state, which enabled Col. Warner to maintain that post. 
At the same time they wrote to the Hon 1 - the Council of the State of 
New Hampshire, setting forth in the most pressing terms the necessity 
of the assistance of the militia of that State to guard so valuable a part 
of the country from the immediate ravage of the Indians, as was threat- 
ened by Gen. Burguoyne's manifesto. 

The Hon 1 - the Council of New Hampshire, taking the same under 
their immediate consideration, ordered a fourth part of twelve regiments 
to be forthwith drafted and put them under my command, at which time 
I received orders to march to Manchester and act in conjunction with 
Col. Warner. After my arrival at that place I received orders from 
Major General Lincoln, pursuant to orders from General Schuyler, to 
march my whole brigade to Stillwater, and join the main army then 
under his command. At the same time requested the whole of the mi- 
litia (by Gen. Schuyler's order) of the State of Vermont to join him and 
march to Stillwater as aforesaid. In obedience thereto I marched with 
my brigade to Bennington on my way to join him, leaving that part of 
the country almost naked to the ravage of the enemy. The Honorable 
the Council then sitting at Bennington were much against my marching 
with my Brigade, as it was raised on their request, they apprehending 
great danger of the enemy's approaching to that place, which afterwards 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 145 

raised by this State, with parts of Col. Symond's regiment of Militia, 
[from Berkshire County, Mass.,] are now in action with a number of 
the enemy's Troops assembled near this place, which has been for some 
time very severe. We have now in possession (taken from them this 
day) four brass field pieces, ordnance stores, &c, and this minute four 
or five hundred prisoners have arrived. We have taken the ground, 
although fortified by entrenchments &c, but after being drove about one 
mile the enemy, being reinforced, made a second stand, and still con- 
tinue the action. The loss on each side is doubtless considerable. You 
are therefore in the most pressing terms requested by Gen. Stark and 
this Council to forward the whole of the militia under your several com- 
mands to this place without one minute's loss of time : — they will pro- 
ceed on horseback with all the ammunition that can be provided con- 
veniently. On our present exertions depends the fate of thousands. 
I am, gentlemen, your Most Obt. Servant, 

Jonas Fay, Vice President. 
To the Gentlemen officers nearest this place commanding Regiments of Mi- 
litia in the several United States. 



State of Vermont. In Council of Safety, > 
Bennington, 20th Aug., 1777. j 
Sir, — You are hereby required to raise seventy-five abled-bodied effec- 
tive men of your Regiment of Militia, exclusive of the common quota 
of Commissioned officers for such numbers, which number you will 
Cause to be continued in the Field under the Commanding officer of the 
Eastern Militia until the first day of December next, unless sooner dis- 
charged by such Commanding officer ; Should you find it more conven- 
ient for part or all such Troops to be relieved before that time, you will 
do it, Observing always to keep the full number in the Field. Those who 
ingage are to do it only on the principle of being under the Regulation 
of the Continental Army during the time they serve, altho' under the 
command of the above officer. 

By order of Council, 

Thomas Chittenden, Prs Hl 



Bennington, August 23, 1777. 
David Breakenridge 2 is permitted to remain at his Father's house un- 
der the care of the Guard at that place until further orders. 

we found truly to be the case. They happily agreed to postpone giving 
orders to the militia to inarch, by which, together with their repeated 
applications for the militia of the state of Massachusetts Bay, and sup- 
plying with arms and ammunition, afforded the greatest assistance in 
obtaining the glorious and memorable victory over the enemy near this 
place on the 16 th instant, who were determined to have penetrated the 
country. 

I cannot therefore in justice resist giving the Hon 1 - Council the honor 
of exerting themselves in the most spirited manner in that most critical 
time. 

John Stark, B. D. G. 

1 Probably a circlar addressed to different officers. The name of the of- 
ficer addressed, it will be observed, is not given. 
a Son'of Lieut. James Breakenridge, of whom see note, post, p. 151. 



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

State of Vermont. In Council of Safety, 
Bennington, 23d Aug. 1777. 
To Asa Baldwin, 1 Samuel McCoon, William Underfill, Thomas Baldwin 1 
and Moses Veal, [Vail:] 
Notwithstanding your ungratefulness to your Country, & notwith- 
standing you have by your Conduct forfeited the confidence of your 
Countrymen, yet nevertheless on the application of Captain Abraham 
Underhill 2 in your behalf, this Council are Induced out of humanity, to 
accept you again into friendship on your Voluntary Surrender, and Tak- 
ing the Oath of Fidelity to the United States of America forthwith and 
dispensing with the loss you have already Sustained to Attone for past 
folly. 3 

By order of Council, 

Thomas Chittenden, Pres H - 



State of Vermont. In Council of Safety, 24th Aug. 1777. 
To Elisha Clark, Gentleman: 

Reposing special Trust and Confidence in your Patriotism Valor and 
Good Conduct & experience in Military discipline, we have appointed you 
Adjutant in Lieut. Colonel Samuel Herrick's Regiment of Rangers, 
Commanding all officers and soldiers to Obey you as Adjutant. And 
when said Regiment is full you will be duly Commissioned, until which 
Time this shall be your Sufficient Warrant. 

By order of Council, 

Tho s - Chittenden, Pres H - 
Attest, Ira Allen, Sec'y- 

Besolved, That James Walsworth 4 be & he is hereby appointed Quar- 
ter-master to Lieutenant Colonel Samuel Herrick's Regiment of Ran- 
gers. 

Attest, Ira Allen, Sec'v- 



1 Asa Baldwin was the first town clerk of Dorset; Thomas was his 
brother. The Baldwins and Underhills of Dorset came from New York. 
Asa was a strict Churchman and a Royalist. — Vermont Historical Mag- 
azine, vol i, pp. 182, 186. 

2 Abraham Underhill represented Dorset in the Conventions of July 
and September 1776, and was one of the nine persons appointed July 25 
1776 as a Committee of Appeals in matters relative to the cause of 
American Liberty. He commanded a military company raised for the 
defense of the State. He was a member of the General Assembly in 
Oct. 1778, '80, '81 and '84, and died in 1796.— Ft Hist. Soe. Collections, 
vol. i, p. 15, 23, 24, 25, 294, 295; Vt. Hist. Mag., vol. I, p. 184. 

3 Dec. 12, 1777, the Council discharged the abovenamed 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." 

4 James Walworth was attempting to hold land under Goldsbrow Ban- 
yar (clerk of the New York Council) in 1772, and had been informed by 
James Breakenridge of Bennington and others, that Banyar disavowed 
any connection with him. Possibly this man became the Vermont 
quarter-master. — See E. Allen's Ms. Papers, p. 79. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 147 

State of Vermont. In Council of Safety, 
Bennington, 25 Augt-1777. 
To Captain John Fassett: 

Sir, — You are hereby required to Take a pottash Kittle for the Hessian 
Troops to Cook in, give your Rec 1 for the same & bring the same to 
the Meeting-House in this place. 

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

Resolved, that Captain Ebenezer Allen 1 be the first Captain in Lt. 
Colonel Samuel Herrick's Regiment of Rangers. 

State of Vermont. In Council of Safety, ) 
Bennington, 26 th Aug*- 1777. \ 
To Adjutant Elisha Clark: 
You are hereby required to make Return of the names and Num- 
bers of the officers non-commissioned officers and Soldiers belonging to 
Colonel Samuel Herrick's Regiment of Rangers already raised within 
this State for the Defence thereof to Ebenezer Walbridge at Arling- 
ton, at 10 oclock of the Morning of the 28th instant, as he is appointed 
and authorized to muster and Return the several Musters of the whole 
in order to their being severally entered and intitled to their pay agree- 
able to their Several Ranks. And you are further ordered to Take par- 
ticular accounts of the several Companies and names of the several sol- 
diers of that Core who may hereafter join at every opportunity. Of this 
you are not to fail. 

By order of Council, Thomas Chittenden, Pres 1( - 

Attest, Ira Allen, Secy- 

State of Vermont. In Council of Safety, 

Bennington, 27 th Aug*- 1777. 

"Whereas this Council have rec d a Letter from Captain Burroughs at 

Arlington acquainting us that our Scouts had Taken all the Stock of 

1 Ebenezer Allen was born at Northampton, Mass., Oct. 17, 1743, and 
was a descendant of Matthew Allen, who came to New England in 1632 
with Rev. Thomas Hooker of Chelmsford. Of Matthew the Samuel Allen 
was a brother, from whom descended Joseph the father of Ethan, Capt. 
Heman, Maj. Heber, Lieut. Levi, Zimri, and Col. Ira, nearly all of whom 
were famous in the early history of Vermont. Ebenezer Allen was ap- 
pointed lieutenant in Warner's regiment, 1775; captain, as above, Aug. 25, 
1777; member of the Board of War in 1779; and major of Rangers and col- 
onel of militia in 1780. He distinguished himself in the battle of Benning- 
ton, and particularly so by a night attack with forty men on Mount De- 
fiance, and its capture, in September, 1777, and also the capture of fifty 
of the rear guard of the enemy on their retreat from Ticonieroga at 
that time. He was a brave and successful partisan leader. He settled 
in Poultney in 1771; removed to Tinmouth and represented it in several 
conventions in 1776 and 1777; removed to South Hero in 1783, which 
town he represented four years in the General Assembly; and to Bur- 
lington in 1800, where he died March 26, 1806. — See Early History, p. 
451 ; Vt. Historical Magazine, vol. i, p. 607; and Deming's Catalogue, 
1778 to 1851. 



148 Council of Safety— Aug. 15, 177T, 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 Allen, Sec'y- 
Lieu 1 - 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 Nathan Smith, as they are appointed by Major Younglove one of 
the Commissioners of Sequestration for said State, to take care of such 
effects in behalf of said State, their proving their property to such effects, 
Provided such effects are not Taken in the Field of Battle. 

By order of Council, Ira Allen, Sec^' 

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., 2 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 r y- 

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 organization of the Green Mountain 
Boys was formed for resistance, in which Ethan Allen, Seth Warner, 
Remember Baker, Robert Cochran, and Gideon Warren, were captains. 
They and their followers were in the habit of chastising all Yorkers, who 
interfered offensively, " with twigs of the wilderness," and one of their 
victims was Hugh Munro, an old offender, who was lashed three times, 
each time until he fainted, when his wounds were dressed and he was 
banished from the State. This scene, and others resembling it, was fol- 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 149 

State of Vermont. In Council of Safety, August 27, 1777. 
To Lieutenant Silas Watson: 

You will please to seud all the evidence you have against Jonathan Card 
& Peleg Card, [of Pownal.] As we propose to bring them on tryal on 
the 29 th Instant we shall depend on hearing from you by said day. 

By order of Council, Ira Allen, tSetfv- 

lowed by a proclamation of Gov. Tryon of New York, dated Dec. 9, 
1771, offering a reward for the arrest of each of the captains above 
named. Esquire Munro's house had been visited by them, and they had 
fired into it, so alarming him that he fled for safety into New York. 
Gathering there a posse of ten or a dozen men, Munro repaired to the 
house of Remember Baker of Arlington, to arrest him under Tryon's 
proclamation, and at about day-light on the morning of March 22, 1772, 
broke into the house, wounded Baker and his wife, maltreated his chil- 
dren, and retired into New York with the wounded Baker as a prisoner. 
Ethan Allen published in the Connecticut Courant an account of this 
savage affair, which will be found in Du Puy's Ethan Allen and the 
Green Mountain Heroes of '76, pp. 161-164, and in Vt. Hist. Mag., vol. I, 
pp. 124-125. An alarm was at once spread, Munro was pursued, and 
Baker rescued and restored to his family. From this time Munro was 
so much in fear of the Green Mountain Boys that he remained quiet 
until 1777, when he fled to Burgoyne's camp, and the Vermonters con- 
fiscated his property. His name is in the list of those who were forever 
proscribed by the Vermont act of Feb. 26, 1779. The fact that he failed 
of recovering in England damages for the loss of his Vermont land, 
because it was covered by a New Hampshire grant, has already been 
noticed. — See Du Puy's Ethan Allen; H. Hall's Early History; and Vt. 
Hist. Magazine. 

It is a very singular fact that two entirely different lists have been pre- 
served of the persons who rescued Baker from the clutches of Munro. 
The first in the columns below is from a detailed account printed in the 
Bural Magazine, 1795, furnished by "T.," which may stand for either 
Samuel Tubbs or Isaac Tichenor — most probably the last named. This 
was published when many of the actors were living, and every good rea- 
son for either concealment or misrepresentation had passed. Gov. 
Hall regards it as the true list, for these reasons, and also because the 
men were residents of Bennington, and Munro asserted that the rescu- 
ers were Bennington men. The other list is from the Documentary His- 
tory of New York, vol. 4, p. 777. The names given are of Arlington and 
Sunderland men, who, says Gov. Hall, u could not have been the actual 
rescuers." This list, however, is represented as having been furnished 
by Munro himself. This palpable contradiction is explained by Gov- 
ernor Hall by the supposition that Munro gave the names of another 
party bent on the same business. Such a party did go in pursuit of 
Munro and his prisoner, were met by the Bennington party, and both 
returned to Vermont together — so says the Magazine. Another theory 



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

State of Vermont. In Council of Safety, 27 August, 1777. 
To Captain Joseph Farnsworth, Commissary, Bennington: 

Sir, — If you please to give Lieut. Benjamin Chamberlin and three 
men with him three days provisions, as they are Bold Volunteers, this 
Council will Settle with you for the Same. 

By order of Council, Ira Allen ISec'v- 



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 H - 
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. 

p r order, Thomas Chittenden, Pres' L 



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

To Mr. Harris: — You are hereby directed to employ some men to 

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

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

use of the family you will keep until further orders from this Council. 

By order of Council, 

Ira Allen, Sec'v- 

worth thought is, that the Bennington party assumed and called them- 
selves by the names of the Arlington men. It is not without the seri- 
ous objection that only twelve men can be accounted for in that way, to 
wit: ten of the Bennington party, and Caleb Henderson and John Whis- 
ton, who, according to the Magazine, tried to resist Munro when he 
attacked Baker's house. An equally serious objection exists to the other 
theory, viz., that Munro should have the names of twelve men who did not 
rescue Baker from his grasp, and did not have the name of even one of 
the ten Bennington men who did rescue him. The two lists are as fol- 
lows: 



Magazine List. 

1. Gen. Isaac Clark, 

2. Col. Joseph Safford, 

3. Maj. Wait Hopkins, 

4. Col. David Safford, 
Messrs. 

5. Timothy Abbott, 

6. Stephen Hopkins, 

7. Elnathan Hubble', [Hubbell,] 

8. Samuel Tubbs, 

9. Ezekiel Brewster, 

10. Nath. [Nathaniel] Holmes. 



Munro'' s List. 

1. Joseph Bradley, 

2. Lemuel Bradley, 

3. Jesse Sawyer, 

4. Isaac Vernernum, 

5. 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. Hist. 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 Vermont. In Council of Safety, 28 th August 1777. 

To Mr. David Fassett: 

■ Sir,— You will proceed to Mr. James Breakenridges 1 and make strict 
examination of his Improvements or Lands adjoining and if you lind any 
Stock or other effects which you have reason to Suspect belongs to any 
Enemical persons within this State you will seize the Same and Cause 
it to be Brought to this Council as soon as may be. 

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



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

To Mr. David Fassett: 

Sir, — You are to proceed to the House of Mr. John Munro of Shaftsbury, 
and seize all his Lands and effects of whatsoever name or nature, and 
bring all his writings, Together with all his Movable effects, to this 
Council, excepting Two cows & such other effects as are wanted for the 
Support of said Munro's Family, which you are to Leave with the 
Woman, Taking a proper account of them. 

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

1 Lieut. James Breakenridge of Bennington has a conspicuous place 
in the history of the controversy with New York. On his farm the first 
attempt was made to enforce the authority of New York, Oct. 19, 1769, 
but it was overawed by the hostile appearance of too many of Mr. B's. 
neighbors, who, with Mr. B., were indicted therefor as rioters in the 
court at Albany. In July 1771 a final unsuccessful attempt was made; 
and then, says Gov Hall, " in fact, on the farm of James Breakenridge 
was born the future State of Vermont," Oct. 21, 1772, Mr. Breaken- 
ridge, with Jehiel Hawley of Arlington, was appointed an agent to rep- 
resent to the king the grievances of the claimants under the New Hamp- 
shire Grants; Jan. 17, 1776, he, with Heman Allen and Jonas Fay, was 
appointed to represent the case of the N. II. Grants to the Continental 
Congress; and June 21, 1776, he acted as one of the committee which 
issued the warrant for the Dorset Convention of the 24th of July follow- 
ing. Although Mr. Breakenridge was never personally engaged in any 
disorderly proceedings, he was often denounced by the Yorkers as a 
rioter, and was one of the persons proscribed in the New York riot act 
of 1774. He acquired his military title by appointment as first lieuten- 
ant in the first militia company organized in Bennington, Oct. 24, 1764. 
He was of Scotch-Irish descent, probably scrupulous about bearing arms 
against the king, and for that reason, or apprehending that resistance 
would be vain, he seems to have sought the protection of Burgoyne, as 
many residents of Vermont and New York did in 1777. Entries on the 
Council journal show that he had been sentenced to banishment within 
the enemy's lines, that he applied for relief, and was from time to time 
reprieved. He finally re-acquired citizenship in Vermont, and adorned 
it by an honorable life. — See H. Hall's Early History; Vt. Hist. Soc. 
Coll. vol. I; and Memorials of a Century, Bennington. 



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

State of Vermont. In Council of Safety, 29th August, 1777. 
To Mr. Jesse Burk, Westminster: 

Sir,— You will bring Captain James Clay of Putney 1 (now in your 
care) before this Council as soon as may be. 
By order of Council, 

Thomas Chittenden, Pres 1 '- 



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

To the Committee of Safety in Windsor, and the adjacent Towns in this 

State: 
Gentlemen, — All such persons as you shall have sufficient Evidence ex- 
hibited against on Tryal as to prove them so far Enemies to the Liberties 
of America as to be dangerous persons to go at Large you will send to 
Westminster Gaol, and put them in Close Confinement; If you send any 
prisoners to said Gaol, you will send a proper Guard, provided it should 
happen before any prisoners or Guards should be sent from this. 
By order of Council, 

Thomas Chittenden, Pres H ' 



State of Vermont. In Council of Safety, 29th Aug*- 1777. 

To Mr. Benjamin Fassett: 

Sir — You are hereby directed to Repair to Pownal & bring from 
some of the Tories that are gone to the Enemy, or otherwise proved 
themselves to be Enemies to their Country, a Load of Saus [sauce] for 
the use of the Hundred prisoners Here, and make returns to this Coun- 
cil of what you bring and from whom. You will Leave Sufficient for their 
families. Per Order, Thomas Chittenden, Pres H - 



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

"Whereas his honor Major Gen 1 - 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 ble Continental Congress 
of the United States, In obedience to which this Council have heretofore 
Resolved that three hundred & twenty-five men of the Militia of this 
State should be Raised for the defence of this and the United States of 
America, and whereas the price of all kinds of Provisions & Clothing 
are Raised to Exorbitant Prices, 

Resolved therefore that fifty shillings p r Month be paid to Each per- 
son that shall Serve agreeable to the aforesaid Resolution in Addition to 
their Continental pay. 

By order of Council, 

Ira Allen, Sec'y- 

1 Capt. Clay was a leading supporter of the authority of New York 
in Cumberland county, but not a tory. He was arrested because of 
his zeal for New York, and discharged after a rebuke by Chittenden. — 
See p. 137. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 153 

State of Vermont. In Council of Safety, 29 August 1777. 
The following Contains a List of the Tories of this State, and the sev- 
eral Crimes with which they Stand Charged, (viz.) 

.„ . . -^ (By their own Confession are found guilty 

.Benjamin Eastman, ) of assisting the E nemv in disarming the In- 

Pninenas Hurd, ^ habitants of Sandgate within this State. 

James Keynolds, 

Ephraim Mallory, Acknowledge they Voluntarily joined the 

Jonn-uavoe, V Enemy, and were Taken in action the 16* h 

Solomon Millmgton, h m t aTl t 

Bartholomew Wennicks, | mfeTanl - 

George Tibbetts, J 

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

(on Gen 1 - Starks Brigade. 

f Voluntarily applied to Mr. Skeene, 2 took 

I his protection, procured a quantity ofamrau- 

T , tt ., -, nition, Promised a number of Cattle, carria- 

Joseph Haviland, J g( ^ & ' c Taken by CoL Warner8 [men] on 

! his return endeavouring to carry his pro- 
ejects into Execution. 

1 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, was fre- 
quently abused by the Whigs, and his property was confiscated by the 
state and offered for sale, but nobody would buy it. The General As- 
sembly in 1778 gave the use of the farm to Mrs. Hurd. 

2 Col. Philip Skene, grandson of John Skene of Halyards in Fife- 
shire, Scotland. He entered the British army in 1739 and was in active 
service in Europe until 1756, when he came to America. He became 
captain in the 27th regiment in 1757 ; was wounded at the attack on 
Ticonderoga in July 1758, appointed major of brigade in 1759, in October 
of that year commanded at Crown Point, and at that time projected the 
settlements at Wood Creek and South Bay now known as Whitehall. In 
1762 he was in the expedition against Martinico and Havana and was one 
of the first to enter the breach at the storming of the Moro Castle. He 
returned to New York in 1763, and in 1765 obtained a patent for the 
township of Skenesboro [Whitehall,] fixing his residence there in 1770. 
He contemplated a much larger jurisdiction from the crown, embracing 
territory on both sides of Lake Champlain, but was foiled by the revolu- 
tion. In June 1775 he was arrested at Philadelphia as a loyalist and was 
held as a prisoner until he was exchanged in October 1776. In 1777 he 
joined Burgoyne's army as commander of a loyal American regiment, 
accompanied Baum in his attack on Bennington, and was again taken 
prisoner at Saratoga. In 1779 he was attainted and his property was 
confiscated by New York. He then returned to England, where he 
12 



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

Ebenezer Washburn, \ Con ^ % ih ^ we, £ Conversant with the En- 

Edward Bump, ' ] e f7 V have taken Protection, & voluntarily 

1 ' ( assisted with Teams, provisions, &c. 

Abraham Lake, \ Found to be in the aforesaid action & 

( supposed to be m Arms. 

Watts Hubbert, [jr.] > rp, ^ . -, . , , . . , 

[Hubbard, of Windsor,] j The Evidence a S ainst hl ™ enclosed. 

The above are the whole which the Council have in Custody except 
some few who have been Brought so late the evidence have not as yet 
arrived. 

I am Dear General your most Obedient Humble servant, 

Thomas Chittenden, Pres H - 
To the Hon. Major General Lincoln. 



State of Vermont. In Council of Safety, 30 th August 1777. 
Francis Mattison & David Mattison [of Clarendon] are Permitted 
the Liberty of this Town [Bennington] until further orders from this 
Council. 

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

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



Phinehas Chase of Munro Patient & 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'tf- 



State of Vermont. In Council of Safety, 2 d September 1777. 
To Lieutenant Ebenezer Hyde : 

Sir, — You are hereby required to Examine the Goods deposited in the 
cart now in the care of Seth Kealer and Report the Several Articles Par- 
ticularly which are not wearing apparel, for which this shall be your 
Sufficient Warrant. You will make Returns as soon as may be. 

By order of Council, Ira Allen, Secy- 

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

State of Vermont. In Council of Safety, 3 d September 1777. 
Captain Elijah More of Putney and Cap 1 - Leonard Spauldin, 1 are ap- 
pointed Commissioners of Sequestration, &c. 

died, Oct, 9, 1810, near Stoke Goldington, Bucks. — See Drake's Dic- 
tionary of American Biography ; and Ira Allen's History of Vermont, in 
Vt. Hist. Soc. Coll., vol. t. 

1 Lieut. Leonard Spaulding is first named as a resident of Putney 
in 1768. From the outset of the controversies he was widely known as 
an outspeaking and sturdy enemy of loyalists and Yorkers, and as such he 
was a favorite with the whigs and Green Mountain Boys. Thus, in 1771, 
when a judgment had been recovered against him in a York court and 
the officer had seized a portion of his property, a large party crossed 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 155 

Francis Breakenridge is permitted to Eeturn home, & Kemain on 
his father's home farm, and if found off to expect 39 Lashes of the Beach 
Seal, until further orders from this Council. 

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



State of Vermont. In Council, 3d September 1777. 
To Thadeus Harris of Bennington : 

Sir, — You are directed to deliver all the Cattle in you Care or in Mr. 
Breakenridges ^Enclosures, that you know or have reason to believe be- 

Connecticut River from New Hampshire into Putney, broke open the 
enclosure, and rescued the property. In 1774 he had become a citizen of 
Dummerston, and there he was so free in the expression of his whig sen- 
timents as to earn special attention from the royal authorities. He was 
arrested and imprisoned eleven days for treason, one account being that 
" Mr. Spaulding's pretended Crime was, that he threw out some words 
unfavourable to the British tyrant relating to the Quebec bill by which 
he is made Pope of that government." Another was, that " One man 
they put into close prison for high treason, and all they proved against 
him was that he said if the king had signed the Quebec bill, it was his 
opinion that he had broke his coronation-oath. But the good people went 
and opened the prison-door and let him go, and did no violence to any 
man's person or property." This in no measure dampened the patriotic 
zeal of Mr. Spaulding, who in 1775 was conspicous among those who re- 
sented the Westminster massacre by arresting the royal officers. Again 
his zeal broke out in 1776, when, at the head of a military force, he held 
in duress judge and colonel Samuel Wells, a wealthy citizen of Brattle- 
boro and a leader among the Yorkers and loyalists. For this irregularity 
he was arraigned by the Cumberland County Committee on the 25th of 
July, 1776, and it was resolved "that Lieutenant Spaulding make suitable 
Confession to the Committee for his Conduct in Taking 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 by making, his proper Confession, &c." When in 
1781 the Vermont government, by way of conciliation, had appointed 
two well known Yorkers to office — men who were officials under New 
York at the time of the Westminster massacre — Mr. Spaulding united 
with others in sending an indignant remonstrance to the Governor and 
Council, which effected a delay in the issuing of the commissions, though 
finally the gentlemen thus complained of became valuable and acceptable 
officers. Lieut. Spaulding was a delegate in all the Conventions begin- 
ning with that of Sept. 25, 1776, and representative of Dummerston in 
the General Assembly of March, 1778, and for the years 1781, '84, '86, 
and '87. — See Eastern Vermont ; Slade's State Papers ; and Deming's 
Catalogue, 1778 to 1851. 



156 Council jf Safety— Aug. 15, 1777, to March 12, 1778. 

longs to the State of New York, to Major Younglove, as he is one of the 
Commissioners of Sequestration for said State. 

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



State of Vermont. In Council of Safety, 3 d September 1777. 

Then personally appeared David Smith & acknowledged himself 
bound in a recognizance of one hundred pounds to the Secretary of the 
Council of the State of Vermont, That Captain Michael Lantman shall 
appear before the General Committee of Albany within six days to an- 
swer any Complaint that may be exhibited against him. 

Richard Bovey and Garritt Bovey are permitted to Return to their 
farms, there to remain until further orders from Albany. 

John Bass of Col°- Hale's Regiment who has been taken & retaken, 
is permitted to pass to his Regiment. 

Resolved that Captain Benjamin Wait 1 be and he is hereby appointed 
Major in Lieutenant Col. Samuel Herrick's Regiment of Rangers. 

P r order of Council, Ira Allen, Sec'v- 



State of Vermont. In Council of Safety, 4 th September 1777. 
To the officer Commanding the Gnards at Capt. Dewey 1 s Barn: 

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

1 Benjamin Wait, though not ranked among the few persons who 
are recognized as leaders of the people and founders of the state, has 
left a record which is very remarkable for the many military and civil 
services recorded, and the graces that prove and adorn a Christian 
character. 

He was born in Sudbury, Mass., Feb. 13, 1737, and at the age of eigh- 
teen entered military service under the British General Amherst. In 
1756 he was captured by the French, taken to Quebec, and from thence 
to France, where he was retaken by the English and carried to England. 
In 1757 he returned to America, and assisted in 1758 in the capture of 
Louisburgh, and in the reduction of Canada in the two succeeding years. 
On the submission of Canada he was sent from Detroit to bring in the 
French garrisons in Illinois, and performed the service successfully in a 
winter's march which lasted from December until the succeeding March. 
At twenty-five years of age he had been engaged in forty battles and 
skirmishes, and had his clothing perforated many times, but received no 
wound. 

In 1767 he settled in Windsor, his family being the third. In 1769 he 
was employed by Benjamin Whiting of Newbury, (one of the Deputy- 
Surveyor Generals of New York,) to arrest depredators upon the king's 
timber. In 1770 he identified himself decidedly with the Green Moun- 
tain Boys in their opposition to New York. Feb. 7, 1775, he was the 
sole delegate from Windsor in the whig convention of the county of 
Cumberland. Though an avowed opponent of New York in the pend- 
ing controversy about jurisdiction and land titles, he united, in June 
1775, with Maj. Wm. Williams and Maj. Joab Hoisington, in a letter to 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 157 

those that are wounded. If there is sufficient Room in the Meeting House 
for them you are to put them there in Lieu of the School House. 

By order of the Council, Ira Allen, Setfy- 



Resolved that Lieutenant John Barnes be & he is hereby appointed 
Lieutenant in Captain Richard Wait's Company of Rangers in L*- Colo- 
Samuel Herrick's Regiment. 

the New York authorities, which is characteristic both of their patriot- 
ism and stern Puritanic religious principles, in that in it they urged the 
raising of a regiment " of good, active, enterprising soldiers," in order 
"to keep under proper subjection regulars, Roman Catholicks, and the 
savages at the northward," and to defend their own rights and privileges 
" against ministerial tyranny and oppression." August 14 of the same 
year he signed a list of the officers of the upper regiment of militia in 
Cumberland county as " Beniamin Wait, Major." Oct. 10, 1776, he was 
commissioned by New York as captain in Maj. Hoisington's battalion 
of rangers. Sept. 3, 1777, he was appointed major, by Vermont, in Her- 
rick's regiment of rangers, and he commanded that part of it (perhaps 
consisting mainly of Ebenezer Allen's company,) which in connection 
with Col. John Brown swept the British from the north end of Lake 
George, and consequently from Ticonderoga. He was complimented' by 
the Council of Safety for his " spirited conduct " on this occasion, and in 
November succeeding was ordered to take possession of Mount Inde- 
pendence. Feb. 10, 1778, he was authorized by the Council to co-ope- 
rate with Col. Herrick in raising three hundred men for an intended expe- 
dition to Canada under Gen. Lafayette, and of this force he was ap- 
pointed major. 

October 23, 1779, he was appointed sheriff of Windsor county, which 
office he held for seven years, with the exception of a brief period 
when he resigned the office for other service; and on the 27th of the 
same month the General Assembly resolved that North and South Hero 
in Grand Isle county should be granted to him and company, which 
grant was voted by the Governor and Council Nov. 11, 1779. In Oct. 
1783, having been made colonel, he commanded the force detailed to 
maintain the authority of Vermont in the southern part of Windham 
county; and in the same month, with Stephen Jacobs, then state's attor- 
ney, he by his firmness and good advice quelled an attempted insurrec- 
tion in Windsor county. In this affair Wait and Jacobs were both 
wounded, the former being confined twenty-six days by his wound, which 
was in the head. When " the piping times of peace" had come, the 
manifold services of Mr. Wait were complimented by the General As- 
sembly in elections to the offices of brigadier general, and finally major 
general of militia, the last being the highest military title that could be 
conferred. 

The township of Waitsfield was chartered to Roger Enos, Benjamin 
Wait, and others, Feb. 25, 1782, and Gen. Wait was the first settler in 



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

Captain Joseph Ingley has a permit to Take a Bay mare Taken from 
Capt. Hurd's Son & use during the pleasure of Council. 

Samuel Barto is permitted to Return to his place of abode in Dorset 
& there to Remain until further orders from this Council. 

By order of Council, Ira Allen, Setfy- 



State of Vermont. In Council of Safety, \ 
4th September 1777. 1 ]" 
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, 4 th September 1777. 

This Council having heard the evidence against Arthur Bostwick 2 
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 1 - 

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 , 8 who stands 

charged with being an Enemy to the United States of America, having 
heard the Witnesses and considered them with all the attending circum- 

1789, He was also the first representative, chosen in 1795, and was re- 
elected in 1796, '7, '8 and '9, and 1801 and '2. He was truly "the 
father of the town," which became the last and best fruits of his life, in 
the intelligence, piety, and thrift of its people. It is one of a number of 
almost purely agricultural towns, perched on the hills like Peacham and 
Randolph, or nestled in the deep valleys of Vermont, which have been 
famous not only for the general excellence of their people, but for the 
many strong and useful men they have sent out to bless other communi- 
ties with like good fruits. Gen. Wait died in 1822, aged 86 years.— See 
Zadoc Thompson's Vermont Gazetteer, first edition, 1824; B. H. Hall's 
Eastern Vermont; and Deming's Catalogue, 1778 to 1851. 

1 Two pages of the record are missing, and the proceedings (being of 
Sept. 4,) are supplied from Slade's State Papers, p. 2U4. Mr. S. undoubt- 
edly copied them before the record had been mutilated. 

2 Name omitted in Slade. The permit to Arthur Bostwick, granted on 
the next day, indicates that he was the man. 

3 Blank in Slade. Probably Samuel Rose of Manchester was the per- 
son, as the Council, five days after this date, resolved to confiscate his 
estate. Rose was proscribed by the act of Eeb. 26, 1779, 



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

stances, do judge that the said is an Enemy to the 

said States and a dangerous person to go at large, Therefore order that 
he be committed to Close Confinement until Released by order of this 
Council. By order of Council, Thomas Chittenden, Pres 1 - 



State of Vekmont. In Council of Safety, 4 th September, 1777. 

Eesolved that Gen. Jacob Bailey, Dr. Jonas Fay, and Capt. Ira Allen 
be a Committee to wait on the Hon hle Major General Lincoln to assure 
him that every Aid and Assistance in the power of this Council will be 
Granted him on the earliest notice. 

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

Bennington, 5th September, 1777; Commissionated Major Benjamin 
Wait. Ira Allen, Sec'v- 

Jonathan Smith is Permitted to pass to Litchfield in Connecticut & 
Return in 15 days. 

State of Vermont. In Council of Safety, 
Bennington September 5 th 1777. 
Permit Arthur Bostwick to pass the Guards from this to Manchester, 
and Remain on his farm during his Good Behaviour or the pleasure of 
this Council. Pr order, Thomas Chittenden, Pres H - 

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



Bennington 5 Septem 1777. 
Bear General — Agreeable to the proposals of Last Evening the Coun- 
cil of Safety would Recommend to your honor Colonels Seth Warner & 
Samuel Herrick, 1 as persons who from their knowledge of the Situation 

1 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 York authorities upon them. In this business Warner 
was zealous and thorough, and yet his zeal was tempered by wisdom. 
May 10, 1775, he commanded the party that captured the fort at Crown 
Point. In July 1775 he was elected, by another Convention, lieutenant- 
colonel commandant of the regiment of Green Mountain Boys to serve 
in the continental army ; early in 1776 he raised another regiment and 
served very efficiently in Canada; and July 5, 1776, he was appointed 
colonel by Congress, and raised still another regiment, which he com- 
manded through the war. As the resolutions of Congress in respect to 
this regiment have rarely if ever been printed in the histories of Ver- 
mont, they are here given. June 25, 1776, Congress had resolved 

That a colonel's commission be immediately issued to major Dubois, 
with instructions forthwith to raise a regiment to serve for three years, 
or during the war, and that the corps of officers be composed of such as have 
served with credit in Canada ; no officer to receive his commission until 
his company be raised and armed ; the arms of the people enlisting 



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

of the Country to the Northward of this, & their particular acquaintance 
with a number of persons under their Command, who have for a Number 
of years Inhabited contiguous to the several post which the Enemy at 

themselves, to be valued by the committees of the counties, where the 
companies are raised, and paid for by the continent, on their being mus- 
tered. 

This was followed, July 5, 1776, by the following : 

Besolved, 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 (Jonqress 1776, vol. n, pp. 
219, 234. 

In every emergency of unusual difficulty, Warner was always relied 
on as a safe man ; and so it happened that he was assigned to bring 
up the rear in the disastrous retreat from Canada in the spring of 1776, 
and still again, in July of the same year, when he commanded the rear- 
guard in St. Clair's retreat from Ticonderoga, and fought the bloody bat- 
tle on the stubbornly contested field of Hubbardton. At Bennington, 
only the remnant of his regiment saved at Hubbardton was present. 
Warner himself was there in advance of them, and with Stark planned 
the attack, and after the victory Stark in his official account said : " War- 
ner's superior skill in the action was of great service to me." Hon. D. 
S. Boardman of Conn., who had often seen Warner, thus described him : 

Col. Warner was of noble personal appearance ; very tall, not less than 
six feet two inches ; large framed, but rather thin in flesh, and apparently 
of great bodily strength. His features were regular, strongly marked, 
and indicative of mental strength, a fixedness of purpose, and yet of 
much benevolent good nature, and in all respects both commanding and 
pleasing. His manners were simple, natural and in all respects entirely 
free from any kind of affectation; social, at once both pleasing and dig- 
nified ; and when engaged in relating the events of his life, both military 
and ordinary, he displayed no arrogance, but interwove in his narrative 
a notice of such incidents as showed love of adventure, and at the same 
time his love of -fun. 

In the summer of 1784 Warner's health failed, and he returned to his 
native town and died there in December of that year, in the forty-second 
year of his age. — See ante, pp. 6-10; also H.Hall's Early History; and 
Daniel Chipman's Memoir of Col. Seth Warner. 

Samuel Herrick came to Bennington about the year 1768, but left 
the town and the state soon after the close of the revolutionary war, re- 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 161 

present occupy — That on application to either of them at any time they 
would be ready to furnish your honor with such men or numbers of In- 
teligible [intelligent] men to Report the particular Situation of the Ene- 
my at every particular post as might be confided in. 
I am Dr. General, by order of Council, 
Your most Obedient 

Humble Servant, 

Thomas Chittenden, Pres 1 - 
Major General B. Lincoln. 



In Council of Safety, 6 th September 1777. 

To Mr. David Fasset, — 

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

Ira Allen, Sec'y- 



State of Vermont. In Council of Safety, September 6 1777. 

To Capt. William Fitch: 

Sir, — You are hereby directed to deliver to Captain Goodenough the 
bearer Two sides of Leather out of Marshes Fratts [vats] & out of his 
Leather, Taking his Receipt for the same after appraised. 
By order of Council, 

Ira Allen, Sec'y- 



Mr. John Waldo one of the committee of St. Coik is permitted To 
Take John Sessions 1 to the Committee there. 

Resolved that Mr. Joseph Fay, be & is Hereby appointed Secretary 
to this Council. 

Attest, 

Ira Allen, Sec'y- 

moving to Springfield, Montgomery County, New York, and nothing is 
known of his previous or subsequent life. His record in Vermont was 
highly honorable. In May 1775 Warner and Herrick were the two Ben- 
nington captains who joined the expedition for the capture of the forts 
at Ticonderoga and Crown Point. On the evacuation of Ticonderoga 
in July 1777 Herrick was appointed colonel of Vermont rangers, and in 
Angust he led the attack on the rear of Baum's right in the battle of 
Bennington. Gordon, in his history, acknowledged "the superior mili- 
itary skill" of Warner and Herrick. In September of the same year 
Herrick's regiment with Col. Brown's troops gained the command of 
Lake George, dispossessed the enemy of Mounts Independence, Defi- 
ance, and Hope, and forced their retreat from Ticonderoga. Subse- 
quently Herrick was colonel of the southwestern regiment of Vermont 
militia. — See H. Hall's Early History. 

1 Probably this was not Deacon John Sessions of Westminster, several 
times delegate in the 1ST. Y. Assembly, and afterward representative of 
Westminster in the General Assembly of Vermont. 



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

State of Vermont. In Council of Safety, 6 September 1777. 
This Council have no objection to Jesse Fields assisting Commissary 
Brush until General Lincoln's pleasure shall be known concerning the 
same. 

By order of Council, 

Ira Allen, Sec'y- 
To Lieut. 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 present of one Hessian Broad Sword to the 
Honorable Council of the State of Vermont, in order to be kept in said 
Council Chamber as a Memorial in Commemoration of the Glorious ac- 
tion fought at Walloomsack August 16 1777 in which case the Exertions 
of the said Council was found to be Exceedingly Serviceable. 
By the Donor's order, 

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

Ira Allen, Sec'y- 

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

( Thomas Collins, \ ( Jesse Brown & ) 

j Keuben Green, \ { William Moftit, J 

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

Thomas Chittenden, Pres H - 
[To] the General Committee at Albany. 

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

( Has joined a Tory Scout under Armes and 
| assisted them in Taking and keeping a pris- 
^ , -p. ! J onei-, and by his own confession Given hard 

feamuel nose, -^ money to several young men to induce and 

| Enable them to join s d Scout & go to the 
[_ British Troops. 

f Went Voluntarily under Armes to the En- 
emies Camp, and was Taken on the 16 day of 
Aug. in the memorable Battle fought near 
this place. The reason of Chelson's being Sent 
in Irons is, he has once Broke from the 
Guards and Got some Miles before Retaken. 
This Council wish those persons to be Sent on Board the Guard Ships 
in the North River, or otherwise Dealt with as your honor in your Great 
Wisdom shall think proper. 

I am Dr Gen 1 - your most Obedient Humble Servant, 

Thomas Chittenden, Pres H - 
The Hon bl - Major General Gates. 

1 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 being arained for Enemical Conduct towards the United 
States of America, this Council having heard the Evidence against the 
said Payne & his Arguments, & having duly deliberated on the same, do 
Judge & order that the said Peter Payne pay as a fine for the use of 
this State Twenty pounds, & Stand Committed until Judgment is com- 
plied with. Sep*- ii ^ Judgt- is complied with & he has Taken the Oath 
of Allegiance & is acquitted. 



State of Vermont. In Council of Safety, 6 th Sept. 1777. 

( Is proved an Enemy to the United States 
Bennit Bardsley, 1 1 of America by words & actions & is Judged 

( a. Dangerous person to go at Large. 

f Has taken Proteciion under Gen 1 - Bur- 

T^af Tvps « J goine, and been very officious in assisting 

isaac xves, < Him ^ by his Qwn Confession been to the Eeg _ 

tulars & Drove Cattle. 

Nathan Canfield, 3 1x> i+t. u a • v i • *■ 

Zadock Hard i ' " r °ved to have been Aiding and assisting 

Andrew Hawlev 4 <" to the 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 d persons be Committed to Close Confinement in the Common Gaol at 
Westminster until Released by proper authority. 

By order of Council, Thomas Chittenden, Pres H - 



State of Vermont. In Council of Safety, 6 Sept r - 1777. 

The Council's Compliments most Cordially wait on his Honor Briga- 
dier General Stark, with their sincere thanks for the Honor the General 
has been pleased to do them, by presenting them with a Hessian Broad 
Sword Taken by a number of Troops from the State of New Hampshire 
& Elsewhere under his Immediate Command, in the Memorable Battle 
fought in Walloomsae near this place on the 16 day of August last, And 
also for the Honor the General has been pleased to do them in applaud- 
ing their Exertions in a public Weal as a Council. 

P r Joseph Fay, Sec'v- 

Brig. Gen 1 - Stark. 

1 Tried, convicted, satisfied the judgment, and was discharged. 

2 Isaac Ives of Wallingford was proscribed by the act of Eeb. 26, 1779. 

3 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. 134. 

4 These were all tried, convicted, and fined. The record shows that 
Hard and Hawley satisfied the judgments, and it is presumed that Daton 
did also. 



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

State of Vermont. In Council of Safety, 8 Sept r - 1777. 
To the officer of the Guard at the School House: — Permit Mr. David 
Fassett to Take out of the Guard House Zadock Hard & Andrew Haw- 
ley; he is to return them in three days. 

By order of Council, Thomas Chittenden, Pres H - 



Bennington 8 September 1777. 
Dear General— In the absence of Doct r Fay Rec d your favour of the 7 th 
Instant, in which your honor informs that you have been so kind as to 
supply our Troops with some necessaries out of the Massachusetts stores, 
for which this Council return you their sincere thanks, & have to assure 
you that if the Like quantity of stores are to be had, shall replace them 
again, otherwise Pay an Equivalent in cash to their full satisfaction. 
I am sir Your most Obedient Hum ble Servant, 

Thomas Chittenden, Pres n - 
Major Gen. Lincoln. 

To Nathaniel Fisk 1 & Phil. Griff en: 

Notwithstanding your ungratefulness to your Country & notwith- 
standing you have by your conduct forfeited the confidence of your 
countrymen, yet nevertheless on the application of Mr. Edward Veil in 
your behalf, this Council are Induced out of Humanity to accept you 
again into friendship on your Voluntary Surrender & Taking the oath of 
fidelity to the United States of America forthwith, And dispensing with 
the loss you have already sustained to atone for your past folly. 
By order of Council, 

Thomas Chittenden, Pres H - 
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 m - Searls, Jr., of Arlington. 2 

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

Sir, — You are hereby Authorized to procure or Impress Ten Teams 
immediately for the use of forwarding provisions to the Army. 
By order, 

Thomas Chittenden, Pres 1 *- 



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

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

x Fisk voluntarily appeared and took the oath of fidelity to the United 
States, in compliance with this "manifest" of the Council. 

2 Sept. 10, 1777, he was also required to pay for a yoke of oxen. It is 
presumed these orders were complied with, as Mr. Searls seems to have 
appealed to the Council afterward for an order to aid him in a dispute 
with Andrew Hawley. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 165 

same into Consideration, & do hereby Recommend to you to Take some 
Leather out of Marshes Tan yard at Shaftsbury and make Mogasons to 
answer the present purpose until Shoes can be procured. You are to 
make application to Captain Fitch or the person who has the care of the 
yard. The Leather is to be appraised and Returns made to this Board. 
By order, 

Tno s - Chittenden, Pres H - 

The following is a Copy of a Complaint Rec d from L*- Isaac Clark, — 

Bennington, 8 September 1777. 
To the Council of Safety, — I the Subscriber Complain of David Rem- 
ington of Castleton for going to the Ministerial Army and Serving as 
Conductor of Teams in the King's Service as doth appear by his writings. 1 

Isaac Clark, U- 



State of Vermont. In Council of Safety, 8 Sept r 1777. 
To the Officer of the Main Guard: 

Sir, — You are hereby required to take the body of David Remington 
& him safely keep in the Guard House until further orders from this 
Council ; you are also to Continue him in Irons. 

By order, 

Joseph Fay, Sec-y- 



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

p r order, 

Thomas Chittenden, Pres 1( - 
To the person who has them in Keeping. 

Charles Brewster is appointed one of the Commissioners of Sequesta- 
tion for this State. 

Resolved that the Estate of Samuel Rose of Manchester be Confiscated 
to the use of this State for his Enimical Conduct towards the United 
States of America. [He was proscribed by the act of Feb. 26, 1779.] 



State of Vermont. In Council of Safety, 9 Sept' r 1777. 
Resolved that Nathan Canfield be Committed to Close Confinement in 
the Common Goal in Litchfield in Lieu of Westminster Goal. 

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

By order of Council, Tho s - Chittenden, Preset- 

To all to whom it may Concern. 



State of Vermont. In Cjuncil, 10 th September 1777. 
Whereas W m - Searls Ju r has disposed of one yoke of oxen, which is 
the property of William Beedle of Manchester who has been apprehend- 

1 Remington's property was confiscated, and he was banished by the 
Council. In Oct. 1778 the Governor and Council issued an order per- 
mitting him to live in Cumberland County. 



166 Cnuncil of Safety— Aug. 15, 1777, to March 12, 1778. 

ed as an Enemy to the United States, Eesolved therefore that s d Searls 
be & is hereby directed immediately to pay into the Treasury of this 
State Seventy four Dollars, which was the sum he Rec d for said oxen. 

Execution Issued on the above Judg' 1 to Eb' r Wallis. 

By Order, 

Jos. Fay, Setfy- 

Memorandum. — Captain Tapan Noble has a Cart in his custody which 
belongs to this State, which he promises to return. 

Joseph Donkle has returned a Gun and Cartouch Box he rec' d some 
time ago of the Council ; his Bee 1 was mislaid & not given up. 



State of Vermont. In Council of Safety, 11 th Sept' r 1777. 
To Peter Harwood: 

You are directed to Receive the Sick person in David Fassetts Care 
into your House & Keep until further orders. 
By order of Council, 

Tho s - Chittenden, Pres :t - 

Permit the bearer Francis Burnes to pass to Pownal, and Return to 
this place at the end of six days. 

p r Order, 

Tho' s Chittenden, Pres H - 

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 th 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'v- 

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 Troops (& left or may hereafter leave) their wives 
and families within this State, Have their wives and families sent to 
General John Burgoins Head Quarters, or some other Branch of the 
Ministerial Army, as soon as may be. 

By Order of Council, 

Joseph Fay, Sec'v- 

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'v- 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 167 

State of Vermont. In Council of Safety 12 Sept' r 1777. 
Then voluntarily appeared before this Council Henry Bullis, and ac- 
knowledged himself Guilty of Taking his arms, & joining the Infa- 
mous Samuel Adams s Company, & going with them to the British 
Army, praying this Council to Take him under their protection & deal 
with him according to their judgment & discretion, this Council hav- 
ing Taken the same under their Consideration, do judge that on his dis- 
pensing with the loss of what he has already sustained & voluntarily 
Taking the oath of Fidility to the United States of America he be dis- 
missed. 

By order of Council, Joseph Fay, Sec'v- 

Permit Henry Bullis to pass from this to his farm in Manchester there 
to remain unmolested, he behaving as becometh a friend to his Country, 
as he has Taken the oath of Alegiance to the States of America. 

By order, Joseph Fay, Sec'v- 

To whom it may concern. 

Statk of Vermont. In Council of Safety, 12 th Sept' r 1777. 

Then personally appeared John Curtis and acknowledges himself 
Bound to the Treasurer of this State in a Recognisance of Two hundred 
pounds that Comfort Curtis 1 shall be ready at his house to answer the 
Call of this Council at any Time. 

By order, Tho s Chittenden, Pres H - 

Permit Comfort Curtis to pass from this to his brother John Curtis 8 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'v- 

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 8 Company 2 and joining the British Army, pray- 

1 Comfort Curtis of Clarendon was proscribed by the act of Feb. 26, 
1779. Subsequent votes indicate that the property of John Curtis in 
Vermont was confiscated, and Comfort Curtis was sent out of the State 
with his family. 

2 Doctor Samuel Adams settled in Arlington in 1764, coming from 
Newton, Conn. He held his land by a New Hampshire title, and acted 
officially under New Hampshire in Nov. 1773. He dissented, however, 
in 1774 from the policy of the Conventions of the Green Mountain Boys, 
and, at a time when many of those holding New York grants were in- 
clined to quiet their possessions by covering them with New Hampshire 
titles, he advised the contrary course, urging the N. H. grantees to pur- 
chase New York titles. This was very offensive to the opponents of 
New York, and they advised him at least to be silent. He resented this, 
armed himself, and threatened to silence any man who interfered with 
him. For this he was arrested, tried, convicted as an enemy, and pun- 
ished by being hoisted up the catamount sign-post, and suspended there 
for two hours, to his own chagrin and much merriment of the beholders. 
Ira Allen said " this mild and exemplary disgrace had a salutary effect 



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

ing this Council to Take him under their protection and deal with him 
according to their Judgment & discretion. This Council having Taken 
his case under their consideration, do judge and order that the said 
Nehem 11 French pay as a fine the Sum of Twenty pounds & stand Com- 
mitted until this judgment is Complied with and the said French volun- 
tarily take the oath of fidelity to the United States of America, then to 
be discharged. 
The above judg' fc is satisfied in cost. 

By order of Council, Joseph Fay, Sec'y- 



State of Vermont. In Council, 12 th September 1777. 
This Council on Eeconsideration 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. 

p r order, Joseph Fay, Sec'y- 

Resolved that Nathan Canfield be permitted the privilege of Letting 
his Farm & effects in Arlington remain in the hand of Diliverance 
Squire unmolested, as he has Satisfied this Council for his past Conduct, 
& Taken the oath [of] Fidelity to the United States of America. 

p r order, 

Tho s - Chittenden, Pres 1 *- 
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, Tho s - Chittenden, Pres H - 

To whom 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, 13 th 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'y- 

To whom it may concern. 

Resolved to Adjourn this Council sitting until Tuesday next. 

P r 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. 
123, 126, 129 ; and I. Allen's History in Vt. Hist. Soc. Collections, vol I, 
p. 356. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 169 

nized in the Sum of one thousand pounds L. Money that Nathan Can- 
field shall be ready at the call of this Council at any time, as Witness 
our hands. Signed, Lemuel Canfield, 

Jabez Worster. 

Eec d of Nathan Canfield 1 p r Blacksmith's Bellows, one anvil, one vice 
without a Screw, & one p r Tongs, which was the property of Samuel 
Buck [of] Arlington, in behalf of the Council Rec d . 

Pr Joseph Fay, Sec'y- 



State of Vermont. In Council of Safety, 15 September 1777. 

Permit Nehemiah French to pass from this to his farm in Manches- 
ter, there to remain unmolested, he behaving himself as becometh a 
friend to the States of America, as he has Taken the oath of Allegiance 
to the States. P l * Order, Joseph Fay, /Sec'y- 



State of Vermont. In Council of Safety, 17 th Sept r - 1777. 

Besolved, That [for] whatsoever of the G-oods 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. 

P r Order, Thomas Chittenden, Pres f - 

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. 

P r Order, Thos. Chittenden, Pres\. 

September 24 1777. — Then appeared Bennet Bardsley and paid fifteen 
pounds Lawful money in satisfaction for the above judgment of Council. 
£15 0. Joseph Fay, Sec'y- 



Bennington 17 th September 1777. 

Dear General, — We Have Rec d - Certain Intelligence by two of our 
Neighbours, who left the Enemy last Saturday, that they have Called in 
all their outposts, at and South of the lake George, to join their main 
body at Saratoga, Together with their artillery & provisions, so that 
there is not Even a Guard Left. Also they see the Captain of the Bat- 
towmen, who told them he was ordered to Distroy all the Boats that he 
could not Handily git along down the River, by no means to Leave any 
behind, & they judge by all the movements of the Enemy that they 
are determined for Albany at all Events, which agrees with every Intel- 
ligence from General Gates Army. 

We have certain Intelligence by Gentlemen who left there last Eve- 
ning, that General Burgoyne is on the move Towards Stilwater, & that 
they have done Great Mischief in Burning the buildings at White 
Creek, also have taken some prisoners & Cattle from Cambridge, which 
alarms the Inhabitants to that Degree that they are removing their Fam- 
ilies & Effects into the Country. We are apprehensive of Danger 
from the Enemy 8 small Scouts who are daily discovered between this & 
the Enemy s Lines, as there is no Guards kept between this & General 
Gates Head Quarters. We hope your Honor will Take this Matter un- 

13 



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

der your Consideration, & Grant Such Belief as your Wisdom shall di- 
rect. 

We are Dear Sir your most obedient & very Hum ble Servants, 

By order, Tho s - Chittenden, Pres^- 

Hon 1 Maj. Gen 1 Lincoln. 

Copy. Attest, Joseph Fay, Sec'v- 

State of Vermont. In Council, 18 September 1777. 
Samuel Stewart is permitted four days absence, then to return to this 
place, as he has Taken the Oath of Alegiance to the United States. 1 

By order of Counci], Joseph Fay, Sec'v- 

To whom it may concern. 



State of Vermont. In Council of Safety, 18 th Sept r 1777. 
To Ebenezer Willoughby : 

Sir — I rec d yours of yesterday's date, also rec d verbal accounts from 
your Father, am surprised at boath : tirst 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 d, y that you should [escape] when 
you was taken, by our people on your Return, which Circumstance [his 
return] would have been much in your favour even if they had brought 
you in. You were much to blame in breaking away from the Guard. 
However what provocation you had to conduct in that manner is yet un- 
known to me. Yet notwithstanding as it appears by your Letter and 
your Fathers request that you have a desire to be Rec d into favour of 
your Country, I am to inform you that if you see cause to come to this 
Council you may depend on being used as well as you can reasonably ex- 
pect when all the Circumstances of your case are known. Those per- 
sons that Took you must be present when you come. If you think best 
to come, it must be within two days from this date, & this shall be your 
Sufficient warrant on the way. 

p r order, I am/Sir, yours, Tho s - Chittenden, Pres H - 



Bennington, 18 Sept. 1777. 
Dear General, — This day rec d your Orders to Forward the Militia, in 
Consequence of which we have given orders for the Militia to be raised 
immediately; also have forwarded copies to N. Hampshire requesting the 
Militia to be forwarded with all Expedition : as also your Letter to the 
County of Berkshire. Nothing in the Power of this Council will be 
neglected to Prosecute your orders when Called upon. 
I am, D r General, your Most Obedient 

Humble Servant, 
By order of Council, Joseph Fay, Sec'v- 

The Hon. Maj. Genl. Gates, 

Commanding the Northern Department. 2 

1 Stewart afterwards joined the army. 
2 This was in answer to the following: 

Camp on Bemus' Heights, Sept. 17, 1777. 
I have Rec'd Certain Intelligence that Gen 1 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 th Sepf- 1777. 
Gentlemen, — I am ordered by this Council to Inclose a Copy of Gen 1 - 
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 Humb 1 Serv^ 
By order, Joseph Fay, Sec'v- 

Hon ble Committee of Charlestown, 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 d from General Gates, by [which] you will see the importance 
of the Exertion of the Militia at this Critical Juncture for the Salvation 
of this Post, if not the whole Country. Therefore it is Expected that 
you will Exert yourself & come forward with all the Militia you Can 
raise out of your Kegiment without one moment's loss of Time. Gen- 
eral Gates has sent to the State of Massachusetts, & ordered us to send 
to IN". Hampshire, which we have done, & to the upper Eegiment in this 
State. 

I am, by order, your most ob* Hum ble Servant, 

Thomas Chittenden, President. 

N. B. — I heard by Capt. Dewey that your People now with the Army 
Are Like Sheep without a Shephard, & very unesy at your being Absent, 
& thretten to come off with General Stark's men. 

By order, Thomas Chittenden. 

Col. William Williams. 

Copy exam d ' Joseph Fay, Secy. 



Bennington, 18 Sept. 1777. 
D r - Sir, — I am ordered to inclose you a Copy of General Gates' Letter, 
by which you will immediately March with the Militia under your Com- 
mand to join him. You will also forward copies to Col° Marshe's regi- 
ment. 

I am, Sir, your Hum ble Servant, 

By order, Jo. Fay, Sec'v- 

Col° p eter Qlcott. 



Bennington, 18 th Sept r - 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 Yeder's Mills, seven miles north of this Camp, 
Except some heavy Cannon, which are carried to the five mile Island in 
Lake George. From this it is Evident the Gen 1 Designs to Kesque all 
upon one Rash Stroke, it is therefore the Indispensible Duty of all con- 
cerned to Exert themselves in Reinforcing this Army without one mo- 
ment's Delay. The Militia from every Part should be ordered here with 
all Possible Expedition. I am, S r * your 

most obedient hb le Sev*» 

Horatio Gates. 
To the Honorable the Chairman of the Committee at Bennington, to be for- 
warded to the Committees to the Eastward thereof. 



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

have also, agreeable to the General's orders, sent copies to the Eastward, 
to forward the Militia of this Slate with all Expedition. You will please 
consult General Bayley, & will Doubtless think Proper that he return 
or send home to forward the Militia with all Expedition. 
I am D r Gen 1 your most 

Obedient Humble Servant, 

Joseph Pay, Setfv- 
Hon. Maj. Gen 1 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 Eay, Sec'v- 



Bennington, 18th Sept. 1777. 
D r - General, — We have this day received a Letter from your Honor, 
Directed to the Commanding officer of the Troops on their way to join 
the Northern Department, which we have forwarded by Express. We 
heartily wish you success, and am your most obedient 
Hum ble Servant, 
By order of Council, Joseph Eay, Sec'v- 

Hon. Brigadier General Stark. 



State of Vermont. In Council of Safety, 19 th ' Sept r - 1777. 
To Captain William Fitch: 

Sir, — Whereas Mr. Timothy Mead has some days past made applica- 
tion to this Council to Take Thirteen sheep out of the Tory flock in Ar- 
lington in lieu of that number which he lost, This Council positively 
orders that none be dilivered until further Evidence can be had. 
I am Sir your Hum bl - Servant, 
By order of Council, Joseph Fay, Sec'v- 



State of Vermont. In Council of Safety, 19 th Sept r - 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 Ju r - is permitted to pass from + his to his home unmo- 
lested as he has taken the oath of Fidility to the United States. 

P r - Order, Tho s - Chittenden, Pres u - 

David Castle jun r - is permitted to remain at his Eathers house unmo- 
lested until he is able, then to pass to this place. 

p r order, Tho s - Chittenden, Pres H - 

Bennet Bardsley is permitted to pass to Manchester and return within 
five days Except he should satisfy the Judgment of this Council within 
that Time and Receive a Certificate from this Council. 

P r - Order, Tno s - Chittenden, Pres' L 

Elijah Benedict is permitted to pass & Repass unmolested as he has 
taken the oath of Fidelity to the States of America. 

By order, Tho s - Chittenden, Pres H - 



State of Vermont. In Council of Safety, 19 Sept 1 - 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 Keturn to this Council within five days from this date on the parole 
of honor, having first Notified Mr. Moore to attend on this Council with 
him, or bring a line from said Moore to signify that all matters in dispute 
between them is finally settled with Captain Willoughby. Should Mr. 
Moore refuse, it is accepted [expected] he will attend on this notice. 

By order, Joseph Fay, Sec'v- 

To whom it may concern. 

Francis Barnes is permitted to pass from this to home & Return to 
this Council in fifteen days. 

By order, Thomas Chittenden, Pres H - 

The following persons are permitted to pass viz*- Daniel Dorchy & 
Silvenus Perry from this to Sunderland & Return within one month. 
By order, Thomas Chittenden, Pres H - 

The bearer Samuel Trobridge is permitted to pass to Arlington and 
Remove his family down the Country as he has Taken the oath of Fi- 
delity. By order of Council, ' Thos. Chittenden, Pres 1 - 



State of Vermont. In Council of Safety, 20 Sept r - 1777. 
Thomas Phillips is permitted to pass from this to Poughkeepsie. 

By order, Joseph Fay, Sec'*- 



State of Vermont. In Council of Safety, 20 Sept r 1777. 
Andrew Hawley is permitted to pass to his house in Arlington, his re- 
turning within seven days to satisfy the judgment of this Council. 

By order of Council, Joseph Fay, Sec'v- 

To whom it may concern. 

Zadock Hard is permitted to pass from this to his home in Arlington, 
his Returning to this Council within seven days to satisfy the judgement 
of this Council. 

By order of Council, Joseph Fay, Sec'v- 

The Council beg leave to return their sincere thanks to the Hon ble 
Brigadier General John Starkes for the Infinite Service he has been 
pleased to do them in defending them and their Constituents from the 
cruel & bloody rage of their unatural Enemy who sought to distroy them 
on the 16 day of August last. They also return their grateful acknowl- 
edgments for the Honor the General has been pleased to do the Council 
by presenting them with a Hessian Gun with Bayonet, one Broad Sword, 
one Brass Berriled Drum, & one Granidiers Cap, Taken on the Memor- 
able 16 of August aforesaid for the use of this State. The General may 
rely that they will be reserved for the use they were designed. 
I am, Dear General, with sentiments of Esteem, 

Your most Obedient Hum" 1 Servant, 
Gen Stark. Tho s - Chittenden, Pres H - 

Copy exam' 1 ' Joseph Fay, Sec^- 



State of Vermont. In Council, 20 th September 1777. 
Resolved on Reconsideration, that Zadock Hard has a fine of Forty 
pounds & Ten shillings for the use of the State and to stand Commit- 
ted until this Judgment is Complied with. 
£40 10 0. By order of Council, 

Tho s - Chittrnden, Pres H - 
RecA The above sum of £40 10 at two several payments, in behalf 
of the Treasurer. Joseph Fay, Setfy- 



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

State of Vermont. In Council of Safety, 20 th Sept r - 1777. 

Resolved on Reconsideration that Caleb Daton pay a fine of thirty 
pound for the use of this State and Stand Committed until this Judgment 
be Complied with. By order of Council, 

£30. Thos. Chittenden, Pres^- 



State of Vermont. In Council of Safety, 20 Sept r - 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. Thomas Chittenden, Pres H - 

Rec d - of Andrew Hawley £15 12 6 Lawful money in part pay of the 
above Judgment. P r - Joseph Fay, Sec'v- 

£15 12 6. 



State of Vermont. In Council of Safety, 20 th Sept r - 1777. 
Dear General, — Your favour of the 18 Instant was duly rec d - 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 r - General, by order of the Council, 

Your most Obedient hum ble Servant, 

Jonas Fay, V. P. 

Since Closing this Letter a person has arived from Fort George who 
brings Inteligence that only 30 men are at that place, & no Water 
Craft except 2 Gun Boats, Moored off at a distance from Shore. Since 
the above Col°- 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 D r « Gen 1 - your most 

Obedient Humble Servant, Jonas Fay. 

Brigadier General Stark. 

State of Vermont, in Council of Safety, ) 
Bennington, 20 th Sept'- 1777. J 
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 Regim ts - which ammt. to nearly 3,000, & about the same 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 175 

number of Foreign Troops Exclusive of Tories. They Have Six weeks 
Provisions which they keep constantly on board their Water Craft. The 
gentleman learns further that they seem disposed to Risque all on one 
desperate action. The Front of their Army expect to Winter in Al- 
bany if General How penetrates up North River, if not at Ticonderoga 
& there rear in Canada. Any thing in the Power of this Council is 
always Ready at your Command. 

I have honor to be D r - Gen 1 - by order, 

Your most Obedient Hum ble Servant, 

Jonas Fay, V. P. 

N. B. By a person this Instant arrived from Fort George, only 80 
men are at that place, & 2 gun boats Lye anchored at a distance from 
Land, & that the Enemy have not more than 3 Weeks Provisions. 

Hon ble Maj r - General Gates. 



Bennington, 21 September 1777. 
Circular Letter. 

To all Gentlemen Concerned: 

The Council enclose a Copy of the Hon ble Gen. Gates Particular 
& Positive orders of this days date to you, which he requests may be 
forwarded to you with the Greatest Speed. It Seemes assistance^ can 
never be more Wanted than at this Critical Moment. The Armies 
are now in such position as renders it Impossible for the Enemy to 
avoid an Action. It is a thing almost Impossible for them to retreat, 
therefore if you will now Instantly give your assistants, you never can 
have it in your power to do yourselves & your Country a Greater Ser- 
vice. So favourable a prospect of success in the Northern Department 
never before appeared. Pray exert yourselves this once & the Matter 
cannot Ditain you Long. 

I am D r - Gentlemen with Great anxiety 
(by order of the Council) 

Your Most Ob*> Hum ble Serv*- 

Tno*- Chittenden, P. 
Joseph Fay, Sec?y- 
Copy exam d - 

Jos. Fay, Sec'y- 



Bennington, 6 o clock 21* Sept r - 1777. ) 
State of Vermont. In Council of Safety, date above. } 
Dear General, — Your particular Orders by Maj or Cochran has been 
duly Rec d - & Copies thereof have been inclosed and forwarded to every 
necessary part, with orders to have them forwarded without one Mo- 
ments Loss of Time. 

The Council are very anxiously concerned for your honors Welfare, 
and the General may absolutely rest assured that no one thing shall be 
Wanting that is in their Power to Grant every assistants. 
I am D r - General by order of Council 

Your most Obedient Hum ble Servant, 

Thos. Chittenden, P. 

Hon ble Maj r - Gen 1 - Gates. 

Copy Exam d - Joseph Fay, Sec'v- 



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

Bennington, 22 d September 1777. 

Dear General, — I am directed by the Council to inform you, that the 
Hangers of this State under the Command of Col°- Samuel Herrick in 
Conjunction with Col°- John Brown of Pittsfield, have the Command of 
Lake George & the Enemies Water Craft, as also Mount Defiance, 
Hope, & the French Lines By Ticonderoga, Skeensboro &c. Have 
Taken 2 Captains, 9 Subalterns, 143 Rank & non commissioned officers, 
119 Canadians, 20 artificers— 293 Total — And one hundred of our pris- 
oners Released, a quantity of Provisions & a number of Amies, out of 
which the one hundred Prisoners Just Mentioned who were Taken in 
the action at Hughbarton [Hubbardton] were furnished & now act in 
Conjunction with Colonels Herrick & Brown. The enemies Water 
Craft Consist of 200 Battous & one Armed Sloop. Last friday an action 
Ensued between Generals Gates & Burgoyne. General Arnold with 
his Division attacked a Division of Burgoyne, in which General Arnold 
gained the Ground, when the Enemy were reinforced by the main body, 
when General Arnold was oblidged to Retreat, but being Reinforced, 
Recovered his own so that the Ground remained 8 o'clock yesterday di- 
vided between them, none Gained on Either Side, & the dead unbu- 
ried; this ace 1 - came by express from General Gates s Head Quarters yes- 
terday afternoon, by Maj r - Cochran, who returns this Morning with the 
Hon ble 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 ace 1 - 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'v- 

Hon ble General Wolcott. 



State of Vermont. In Council of Safety, 22 Sept r - 1777. 

This may certify that Libeus Armstrong has Dilivered one Load of 
Boards which hp Brought from Phisters Mills. 1 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'v- 

1 Francis Pfister, who had been an officer in the Royal American Regi- 
ment in 1760, retired from the army and settled near Hoosick four cor- 
ners. He commanded the Tories, a,s Colonel, in the battle of Benning- 
ton, and was mortally wounded. Hon. L. B. Armstrong of Dorset has 
Col. Pfister's first commission, dated Sept. 18, 1760, his draughting in- 
struments, and a beautifully drawn map of the route from St. Johns via 
Lake George and the Hudson to New York city.— Vt. Hist. Mag., vol. I, 
pp. 154-158, 186. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 177 

State of Vermont. In Council of Safety, 22 Sept r - 1777. 

Samuel Williams is permitted to pass and repass unmolested as he has 
been examined before this Council. 1 

By order, TnoMAS Chittenden, Pres' L 

x Rev. Samuel Williams, LL. D., was born in Waltham, Mass., 
about 1740; graduated at Harvard in 1761; was ordained minister of 
Bradford, Mass., Nov. 20, 1765, where he remained until he became pro- 
fessor of mathematics and natural philosophy in Harvard, which office 
he held until 1788, when he resigned and removed to Rutland, Vermont. 
The last date is given from Blake's Biographical Dictionary, not without 
a strong suspicion that it should be an earlier date. Dr. Williams was 
elected to the General Assembly for Rutland in 1783-'5, 1787-'9o, and 
1798-9 — in all fourteen years. He was a member of the Governor's 
Council in 1795-'98 — four years, in two of which he had been elected to 
the House also. He was judge of Rutland county court 1790 to 1797, 
eight years; and in 1794 he preached the election sermon. For a time 
he served as editor of the Rutland Herald, established in 1792; in 1794 
he published the Natural and Civil History of Vermont in one volume 
octavo of 416 pages, which was extended in 1808 to two volumes of 1003 
pages; and in 1795-6 he published the Rural Magazine, comprising two 
octavo volumes. He is entitled to honor as one of the founders of the 
University of Vermont, for, said President John Wheeler in his his- 
torical discourse, Aug. 1, 1854, " the creative mind of Dr. Samuel Will- 
iams, and the reflective and profound mind of Judge [Samuel] Hitch- 
cock, [two graduates of Harvard,] had worked for the University of Ver- 
mont, and in it." He was unquestionably the most learned man of 
Vermont in his day, and for his labors and influence in behalf of educa- 
tion and piety, he was also one of the most useful. " Dr. .Williams's 
History of Vermont," said Zadock Thompson, " though diffuse in style 
and embracing much foreign matter, will long continue our standard 
work." Dr. Williams's greatest fault as historian was, that he did not 
duly appreciate the high privilege of writing for posterity; hence he 
omitted many interesting facts known generally in his day, which are 
now unknown. He could have given us the details of the Conventions 
of 1777 at Windsor, a full history of the Constitution, a clearer explana- 
tion of the Haldimand correspondence, and pen-portraits at least of 
every actor in the Council of Safety, and of our first Governor, whose 
features now would be stamped upon the memory of every Vermonter, 
if he could but know them, as indelibly as are those of George Wash- 
ington, who was Chittenden's friend and correspondent in the period of 
his severest trials. Of the History, Rev. Dr. Blake said: "It was es- 
teemed the best historical work which had appeared in the country at 
the time of its publication, and received high encomiums from some of 
the philosophers of Europe." Dr. John A. Graham was a resident of 
Rutland for awhile preceding 1797, and was personally acquainted with 



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

In Council of Safety, Sept. 22, 1777. 
To Captain Jonas Galusha, Sir, — You are hereby directed to repair, 
with fifty men of the Militia of Col. Moses Robinson's Regiment, now 
under your Command, to the Hon ble Major General Gates' Head Quar- 
ters, who is Commander in Chief of the Northern Department. You 
will on your arrival put yourself under his immediate Command, where 
you will receive orders, during the Time you are Engaged for, unless 
sooner discharged by him, or some other Continental officer Command- 
ing the Northern Department, during which time, you will strictly ad- 
here to & follow such orders and directions as you shall from time to 
time receive from your superior officers. 

Sir, — You being the next officer in Command, and Captain Galusha 
being unable to Attend the Service, will Take the above command, and 
see the orders duly executed. 

By order of Council, Joseph Fay, Sec'y. 

To Lieut. William Hutehins. 



In Council, Bennington, 23 d Sept. 1777. 
Dear Sir, -This moment rec d - your favour of this days date requesting 
horses & Emty Baggs to be forwarded with Expedition, in consequence 
of which we have Granted press Warrants to procure them Without 
Loss of Time, & will be on Tomorrow. I am, sir, with Esteem, by order 
of Council, Your most Obedient Hum ble Servant, 

Joseph Fay, Sec'y- 
Col. B. Simonds. 



State of Vermont. In Council of Safety, 24 th Sept r 1777. 
To Mr. Conner, — You are hereby ordered to Diliver to Mr. William 

Dr. Williams, of whom he said in his Descriptive Sketch of the Present 
State of Vermont, London, 1797, p. 66: 

Of Samuel Williams. LL. D., member of the Meteorological Society 
in Germany, of the Philosophical Society in Philadelphia, and of the 
Academy of Arts and Sciences in Massachusetts, it may with propriety 
be said, that he is the most enlightened man in the State in every 
branch of Philosophy and Polite Learning; and it is doing him no more 
than justice to say, there are very few in the United States possessed of 
greater abilities, or more extensive information: added to which, he is a 
most excellent orator, and always speaks in a manner best adapted to 
the understanding and capacity of those whom he addresses. In the 
year 1794 the Doctor wrote and published the Natural History of Ver- 
mont, executed much to his honor, and to the great satisfaction of all 
Naturalists. In politeness, ease, and elegance of manners, Dr. Williams 
is not inferior to the most polished English Gentleman. 

Graham's volume is chiefly interesting for its personal gossip and 
sketches, of which the above is one of the best. It is to be regretted 
that he did not live in Vermont years earlier and give more details of 
the personal history and characteristics of the actors in the tragic and 
comic scenes which abounded in Vermont's earliest days. Dr. Williams 
died in January 1817. The writer is not sure that the vote of the Coun- 
cil refers to the Doctor, though it is very probable that he visted Ver- 
mont at that time, perhaps to examine the field of his intended labors. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 179 

Broomly his cow that you have in your Keeping, as I am informed your 
cow is in Shaftsbury and can drive her home. 

By order of Council, Joseph Fay, Sec'v- 

State of Vermont. In Council of Safety, 24 September, 1777. 

Whereas Complaint has been made to this Council by Doct. Nathaniel 
Dickinson, 1 that he is not provided with necessaries, such as Medison, 
Spirits, &c. for the use of the Wounded under his direction and care, 
tho application has been sundry times made, we therefore think proper, 
& do hereby appoint Mr. Nathan Clark to wait on you to Enquire into 
the afair. 

By order of Council, Joseph Fay, Sec'v- 

Doct r Hogan. 2 

William Haviland is permitted to pass to see his Brother a prisoner in 
the State of N. York. 

By order, Joseph Fay, Sec r y- 

To whom it may Concern. 

Nathaniel Mallery is permitted to join Capt. Smiths company as he 
has engaged to Take Arms in the defence of the Liberties of America. 
By order of Council, Joseph Fay, Sec'y- 



State of Vermont. In Council, 24 Sept r 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'v- 

Benjamin Lee is Permitted to pass from this to his home in the Dis- 
trict of Ira in the State of Vermont. 

By order of Council, Joseph Fay, Sec'v- 

State of Vermont. In Council of Safety, 24 th 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'v- 

Date above rec d the sum of £15 in full of the above judgment as p r 
Certificate given to him. 

p r - Joseph Fay, Sec'v- 



State of Vermont. In Council of Safety, 24 September, 1777. 

In consequence of a Letter Rec d from Colonel Benjamin Simonds 
[ Simmons] for horses to forward flour to the relief of Gen 1 Warner at 
Tyconderoga we have granted Warrants to procure them with all Expe- 
dition. 3 

By order of Council, Joseph Fay, Sec'v- 

1 A resident of Bennington from 1766 to 1790. 

2 Supposed to be the officer at the head of the medical branch in the 
Northern Department. 

8 Col. Simmons is supposed to have been in command of militia from 
Berkshire County, Mass., mentioned by Gen. Stark, Warner, &c, in con- 
nection with Bennington battle. In 1780 the town of Lincoln was 
granted to Col. Benjamin Simmons and company. — See Vt. Hist. Soc. 
Collections, vol. i. 



180 Cnuncil of Safety— Aug. 15, 1777, to March 12, 1778. 

To Captain Nathan Smith: 

Sir, —You are hereby required to March with the men under your 
Command to Pawlet on horseback, where you will apply to Colenel 
Simonds [ Simmons] for a horse Load of Flour to Each man & horse. 
You furnish bags sufficient for such purpose. 

By order of Council, Tho s - Chittenden, Pres 11 - 

To Capt. Ebenezer Wood: 

Sir, — You are hereby required to take the charge of the men, horses, 
and Bags, ordered from this Town & proceed without one minutes loss of 
time to Pawlet where you will apply to Colonel Benjamin Simonds for a 
Load of flour for each horse, and proceed to General Warner with the 
same if Col - Simonds shall judge proper. When you return, you are to 
take especial Care that the Horses & Baggs be returned to their proper 
owners. 

Joseph Fay, Sec'v- 



State of Vermont. In Council of Safety, 24 Sept r 1777. 

Pursuant to a Complaint made to this Council by Henry Snyder for 
two horses stole as will appear by the Complaint on file, 

Sergt John Bean and Alexander Gordon being apprehended & brought 
before this Council, acknowledge themselves Guilty of stealings' 1 Horses. 

Therefore this Council having Taken into consideration their cases,- do 
judge by the evidence and their own Confession that the act was theft, 
an attrocious Crime that demands (by the law of God & man) that the 
prisoner or the persons found Guilty should be made a public Example 
of to Deter people from such vicious practices. The Council unwilling to 
see any person suifer, are nevertheless constrained in duty to themselves 
and constituents to order that the said John Bean & Alexander Gordon 
Receive each 39 Lashes on the naked back at the Liberty pole in this 
place to satisfy the Complaint, & be discharged. Mr. Josiah Brush the 
Officer appointed to Execute this Warrant is appointed to see this judg- 
ment put in Immediate Execution. 

By order of Council, Thos. Chittenden, Pres'*- 



State of Vermont. In Council of Safety, 24 Sept r 1777. 
Henry Snyder appeared before this Council, & acknowledged to 
have rec d Eighteen pounds Eighteen shillings for the damage & Cost of 
Recovering his Horses. 

Therefore the Council on Reconsideration of the case of John Bean 
and Alexander Gordon have thought fit to Take off the corporal punish- 
ment, & discharge them on their paying to the Council as an acknowl- 
edgment to the public a fine of Five pounds & nine shillings Cost, & 
receive a Reprimand from the Hon bl the president of this Council. 

By order, Tho s - Chittenden, Pres H - 

Rec d in full satisfaction of the above judgment. 
Joseph Fay, Sec^- 

Ebenezerr Willoughby is permitted Leave of Absence for one week 
then to return & Diliver himself to this Council. 

By order, Joseph Fay, Sec'y- 



State of Vermont. In Council of Safety, 
Bennington. 24 Sept. 1777. 
Dear General, — The Council have rec d certain intelligence this morn- 
ing that a very considerable Number of the Militia from the Eastern, 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 181 

States are now on their March to your assistance. Several companies 
have passed this place this Morning for the above purpose. The bearer 
Captain Angel will be able to Give your honor further intelligence in the 
Matter. The Council are every moment Anxious to know your honor's 
present Situation, your wants (if any) and wheather they be Such as in 
their power to relieve. 

I have the honor to be, D r General, 

Your most Obedient Humble Servant, 
By order of Council, 

Tho s - Chittenden, P. 
The Hon ble Major Gen 1 Gales. 

Bennington, 24 Sept. 1777. 
Bear Sir, — Agreeable to yor request Rece d Last Evening, the Council 
sends you such assistants as you desired. They will remain with you a 
reasonable Time to effect the business for which they were sent. You 
will please to Give them such Instructions from time to Time as you 
may Judge most advantageous to the public Good. The Council rejoyce 
at the Success of the Northern Troops. Wish your further success. 
I have the honor to be, D r Sir, 

by order of Council, Your most 

Obedient Hum ble Servant, 

Tho s - Chittenden, Pres u - 
Col Simonds. [Simmons.] 



State of Vermont. In Council of Safety, 25 September, 1777. 

In consequence of a Letter this day Rec d - from Colonels [John] 
Brown 1 & [Samuel] Herrick requesting Teams to be sent to bring on 

1 Feb. 15, 1775, the provincial congress of Massachusetts directed the 
Boston committee to open a correspondence with the province of Que- 
bec, to counteract unfriendly influences there. This committee sent 
John Brown, a young lawyer of Pittsfield, Mass., for this purpose. He 
stopped at Bennington on his way and had an interview with " the grand 
committee " of the New Hampshire Grants, and the old Vermont hun- 
ter Peleg Sunderland was sent with him as a guide. On reaching Mon- 
treal, Brown wrote to Samuel Adams and Joseph Warren, of the Boston 
Committee, stating the importance of promptly seizing the post at 
Ticonderoga; and of this suggestion the brilliant exploits of Ethan 
Allen and Seth Warner were the outcome. Brown himself carried this 
news to Albany, then to New York, and then to the Continental Con- 
gress at Philadelphia. Sept. 24th, 1775, Brown, then Major, suggested 
to Ethan Allen the capture of Montreal, which was attempted and 
failed, through Brown's failure (for some reason never satisfactorily ex- 
plained) to do his part. In Sept. 1777 Brown, then Colonel, attacked 
and carried the British post at the north end of Lake George, recovered 
over one hundred of the Americans who had been taken at Hubbardton, 
captured two hundred and ninety-three of the enemy, and destroyed 
two hundred of their boats. Jointly with this splendid success, Capt. 
Ebenezer Allen of the Vermont Hangers was in like manner successful 
at Mount Defiance. As further results, Ticonderoga was evacuated by 



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

plunder to this place, we have therefore given orders to procure five 
Teams. By order of Council, 

Thomas Chittenden, Prs H - 

Zadock Hard is Permitted to pass & Eepass. Also to Take his effects 
in whose hand soever he may find them, proving his property. 

By order of Council, Joseph Fay, Sec-v- 

To whom it may Concern. 

Daniel Clark is permitted to pass & repass his behaving as becom- 
eth. By order of Council, Joseph Fay, Sec'v- 

To whom it may Concern. 

Charles Carr is permitted to pass from this to Jerico unmolested he 
behaving as becometh. 

By order of Council, Joseph Fay, Sec'v- 



State of Vermont. In Council of Safety, 26 Sept r - 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, #ecV 

His Father is Security for his appearance. £1000 forfeiture. 



State of Vermont. In Council of Safety, 26 Sept r - 1777. 

To Mr. Wright & the other Teames in company: 

You are to Repair from this to Pawlet with your Teames, there to 
apply to the Commanding officer or Lieut. Hide to be Loaded with plun- 
der belonging to Col - Brown, & Return with the Same & Deliver it Safe 
to this Council. 

By order of Council, Joseph Fay, Sec'v- 

Henry Francisco is Permitted the Liberty of this Town during the 
pleasure of this Council. 

By order, Tho s - Chittenden, Pres 11 - 

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 r y- 

To whom it may Concern. 

John Offered is Permitted to pass from this to Litchfield south farms 
in Connecticut there to remain and not be found without the bounds of 
that place without a pass from the Committee of Safety. 

By order of Council, Joseph Fay, Sec'y- 

the British, with the loss of forty-nine prisoners, upwards of one hun- 
dred horses, twelve yoke of oxen, &c, and Major Wait of Vermont took 
possession of Mount Independence. Col. Brown was killed in a battle 
with tories and Indians on the Mohawk river, Oct. 19, 1780, after having 
proved himself to be "a soldier of great courage and high moral worth." 
See H. Hall's Early History, pp. 198, 199, 204, 265, 469, and 216. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 183 

To Mr. David Sessions: 

Sir, — You are to Repair from this to Pawlet, there to apply to the 
Commanding officer or Lieu 1 Ebenezer Hide who will Load you with 
Plunder belonging to Col Brown, which Load you are to Diliver Safe to 
this Council. 

p r Order of Council, Joseph Fay, Sec'v- 



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

Ebenezer Tolman & Consider Turner, soldiers in Colonel Marshal's 
Regiment in Capt. Nathaniel Winslow's Company, are permitted to pass 
the Guards from this to Still Water and join their Respective Corps. 
By order of Council, Joseph Fay, Secv- 

Samuel Stewart is permitted to pass & Repass from this [to] Colrain 
and join the Army as soon as he is able to return. 

By order, Joseph Fay, Sec'v- 

Isaac Goodsel is permitted to pass to Sunderland to Take care of his 
children & to return within six days. 

Thom. Chittenden, Pres H - 

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'v- 

To whom it may Concern. 

State of Vermont. In Council of Safety, 29 th Sept r - 1777. 
Abel Wright is Permitted fifteen days absence then to Return and 
join his Regiment. He is also permitted to pass from this to Woodstock 
in the State of Connecticut. 

By order of Council, Joseph Fay, Sec'v- 

To whom it may Concern. 



State of Vermont. In Council of Safety, 30 th Sept r - 1777. 
Jonathan Smith is permitted to pass from this to Reupert and return 
with his family to this place. 

By order of Council, Joseph Fay, Sec'v- 

Benjamin Everis l & Benjamin Kellogg 2 are permitted to pass the 
Guards to Addison unmolested on Lawful Business. 

By order of Council, Joseph Fay, Sec'v- 

Abel Buck of Arlington is permitted to pass to his home at that place 
unmolested. 

By order of Council, Joseph Fay, Sec'v- 

To whom, it may Concern. 

1 Lieut. Benjamin Everest of Addison, who was at the capture of 
Ticonderoga and Crown Point, and with Warner in the battles of Hub- 
bardton and Bennington. For an extended biographical summary see 
Vt. Historical Magazine, vol. I, p. 10. 

2 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. 4-6. 



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

State of Vermont. In Council of Safety, 30 th Sept. 1777. 

Martin Rosinback is permitted to pass to his home in Little Hoosaach, 
& return in 30 days. 

I promise on the forfeiture of one thousand pounds to see the above 
named Martin before the Council at the Expiration of 30 days. 

Aaron Bachus. 

Samuel Cook is permitted to Take his Cattle from this to his home in 
Saratoga Pattent there to remain so long as he can be safe from the 
Enemy. By order of Council, Joseph Fay, Sec'v- 

To whom it may Concern. 



Benntngton, 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. 

1 have the Honor to be, D r - General, 

your most Obedient Hum ble Servant, 

By order, Joseph Fay, Sec'v- 

The Hon ble Maj r - Gen 1 - 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 Eay, Sec'v- 



State of Vermont. In Council of Safety, 1* Oct., 1777. 

Request being made to this Council by Captain Winchester for Teames 
to forward provisions for the Speedy Relief of the Army in consequence 
of which the Council have granted Warrants to procure Carriages Suf- 
ficient to forward one hundred barrils of flour. 

By order, Joseph Fay, Sec'v- 

October 2 d — Ebenezer Willoughby is Permitted six days absence then 
to Return to this Council. 

By order, Joseph Fay, Sec'* 

October 3 d — 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'v- 



State of Vermont. In Council of Safety, 3 d Oct. 1777. 

Isaac Goodselis Permitted to pass & repass any where to the South of 
the North line of Manchester, and also Take any of his effects which 
have been Seized by authority, his proving his property, as he has Taken 
the Oath of Fidility to the United States. 

By order, Thomas Chittenden, Pres H - 

To whom it may Concern. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 185 

State of Vermont. In Council of Safety, 3 d 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 n - 

Attest, Joseph Fay, Sec'v- 

This may certify that we pursuant to Gen 1 Gates orders employed Mr. 
Moses Cleaveland to ride post from this to Shiffield & to Impress fresh 
horses when he should find it Necessary. 

By order of Council, Jos. Fay, Sec'v- 

To whom it may Concern. 



State of Vermont. In Council of Safety, 3 d Oct r 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'v- 

Bennington, 3d October 1777. 

Bear Col - : — I have this day Rec d 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 
Sergt Smally to a Lieutenant in Capt. Woods Company, it will be Left 
with you if a proper Recommendation can be obtained & he raises his 
quoto of men. 

Shoes can be had at Shaftsbury as we are informed there is some made 
their. Upwards of 30 p r are ready, which you can send for at any Time. 
I heartily wish you Success, and make no Doubt you will Conduct your- 
self agreeable to the Trust reposed in you, & am, D r Sir, By order of 
Council, your most Obedient 

Humble Servant, Tho 8 - Chittenden, PresH. 

Col - Samuel Herrick. 

Copy exam d - Joseph Fay, Serf- 

Luther Colvin is permitted to drive of [off] his and the Widow Mary 
Potters Stock, he proving their property and paying charges. 

By order of Council, Jos. Fay, Sec'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 Return to this Council within one Week. 

By order of Council, Jos. Fay, Sec'v- 

In Council, Oct, 4th 1777. 
Jonathan Holabud is Permitted to pass to Woodbury in Connecticut. 
By order, Joseph Fay, Sec'v- 

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 oach of Fidility to the United 
States. By order of Council, Joseph Fay, Sec'v- 

To whom it may Concern. 



Bennington, 4th October 1777. 

Bear Sir, — The Council (at the request of Dr. Hovey,) have Provided 
a Number of Hospitals for the Sick Militia. Nothing seems Wanting 
to make them as Comfortable as their Condition will admit of, excepting 
the want of a Commissary furnished with money to procure provisions 
and other necessaries for said Hospital, the former commissary being 
called upon by Doct 1 *- 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, Setfy- 

Doct. Jona. Potts, D. G. N. J). 



In Council, Bennington, 6 th October 1777. 

Dear General, — The Council are this moment informed by Doct r - 
Hovey who has at present the Charge of upwards of one hundred sick 
belonging to the Army and deposited in this place, that [he] is Called 
upon by Letter from the Surgeon and Physicians at N. City to Attend 
the sick at that place. The Circumstances is truly critical. This Town 
has suffered almost every Inconvenience with Cheerfulness and always 
Stand Ready to Contribute any thing in their Power for the common 
cause. But as we find we are incumbered with many things & have 
neither Surgeons, Physicians or Medicines to attend those already on 
hand, beg your honor to place some Continental Surgeon or Physician 
in lieu of Doct. Hovey, in Case he must be removed. The Surgeon who 
has the Command at N. City will be Served with this request at the 
Same Time. I am D r General by order of 

Council your most obedient 

Hum ble Servant, 

Joseph Fay, Sec'v- 

The Hon ble Major Oen L Gates Commanding N. D. 

N. B. Doct. Hovey gives universal Satisfaction, therefore pray he 
may continue if Consistant. Jos. Fay, Sec^- 



State of Vermont. In Council, 6 October 1777. 
Sir,— We are informed that M r - S. Payne of Sunderland has in his 
Custody one yoke of oxen the Property of this State which we desire 
you d Take into Custody immediately. 

I am Sir by order of Council 

Your Hum ble Servant, Joseph Fay, Sec'v- 



IJ Martin Towel or > Commissioners 
&• Peter Boberts, | ■ r , f, pmipstTt 



[of Sequestration.'] 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 187 

October 6th 1777. 
Gideon Squire is permitted to pass from this [to] Granvil and Remove 
his Family. _ n , 

By order of Council, Joseph Fay, Sec'v- 



State of Vermont. In Council of Safety, 7 th 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, Sec 1 *- 

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, £ec'^ 

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'v- 

To whom it may Concern. 



Bennington, 8 th October 1777. 
Sir, — This Council are informed that you are found (since you passed 
Examination before us) with Armes & ammunition secretted which 
Gives the Inhabitants Great uneasiness, and nothing short of your mak- 
ing immedeate Satisfaction to this Council will prevent your being or- 
dered immediately to remove, which must be done forthwith. 

By order of Council, Joseph Fay, Setfv- 

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 Vermont. In Council, Bennington, 8 th Oct. 1777. 
D r - 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 Reported at that 
place, that Detachment is to make a forced march West of Lake George 
with 10 days Provisions to reinforce General Burgoyne, that no move- 
ments of any Boats across the Lake is mentioned among them. The 
whole Number of Troops at thair Garisons is about 2000. The Council 
hold themselves Bound in duty to Give the Earliest Intelligence of any 
Movements of the Enemy that may come first to their knowledge. 
I have the honor to be Dear General 

(by order of Council) your most Ob*- Hum ble Servant, 

Joseph Fay, Sec'v- 
Hon ble Major Gen 1 Gates. 



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

Bennington, 10 th Oct. 1777. 
Transmitted the Intelligence [foregoing] of a reinforcement to Gen 1 - 
Fellows by Letter of this Date. 

Joseph Fay, Sec'y- 



State of Vermont. In Council of Safety, 9 th 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. 9* h 1777. 

You will please to Diliver Mr. Timothy Prichet the Cart & oxen 
Belonging to John Whitlock to go to Castleton and bring off said Whit- 
locks Family to this place. 

By order of Council, Joseph Fay, Sec'y- 

Jeptha Bartholomew is permitted to pass from this to join Capt. Par- 
maly Allen's Company in the Banging 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, 10 th Oct r - 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 whom 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, Sec'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 H - 

Copy exam d - 

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 Nathaniel Fisk from this 
Council of the 8th of September last, ho has personally appeared & Vol- 
untarily Taken the oath of Fidility to the United States of America. 
By order of Council, Jo s - Fay, Sec'y- 

Liberty is hereby given to the bearer Nathaniel Fisk to Take such 
Live Stock or other effects belonging to him, (not disposed of according 



Council of Safety — Aug. 15, 1777, to March 12, 1778. 189 

to the directions of this Council,) wherever it may be found, he proving 
his property and paying Reasonable Charges. 

By order of Council, Joseph Fay, Sec-y- 



State of Vermont. In Council of Safety, 20 October 1777. 

To the Committee of Safety, Bennington: 

Gentlemen, — On the request of Captain John Fassett Ju r - one of your 
s d Committee, The Council are of opinion that any person from this 
State, who has voluntarily deserted the Country 85 cause, & have had Re- 
course to the Enemy for Protection, directly or Indirectly, do remain in 
their present Situation until a Requisition be made by those who have 
them in Custody to the Authority of this State. 

By order of Council, Joseph Fay, Sec'v- 

State of Vermont. In Council of Safety, Oct. 20 1777. 
This Council having had under Consideration the particular circum- 
stances of John "Whitlock, are of opinion that he return to his farm in 
Castleton whenever he shall produce a Certificate from under the hands 
of his several Neighbors in that Vicinity that they are severally satisfied 
to Receive him into their Friendship, and their to remain until further 
orders, unmolested. 

By order of Council, Joseph Fay, Sec'v- 

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 d - Peter Olcott. 1 

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 case no Seizure & sale has been made, pay a fine 
adequate to their Crimes, give them protection and pardon, but if they 
refuse to be [bear] their proportion of Expence & will not Take up 
Armes in favor of our Cause, Treat them as outlaws. 

By order of Council, Joseph Fay, Sec'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'v- 

To whom it may Concern. 



State of Vermont. In Council of Safety, 20 th Oct. 1777. 
Whereas, God in his providence has smiled in a very remarkable man- 
ner on our Armes in this Northern Department, 2 whereby we are Se- 

1 See biographical notices of the members of the first Council, post, for 
notice of Col. Olcott. 

2 Meaning the capture of Burgoyne's army. 



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

cured in a very considerable degree from the Eavages and Machinations 
of a Cruel and inveterate Enemy & their Confederates: 

And Whereas we delight not in the Misery or Confinement of any 
Individuals when such Confinement is not absolutely Necessary for the 
Security of the Major part— Therefore we Recommend it to the Com- 
mittees of the several Towns in this State to Liberate all such persons 
as have been Confined on Suspicion of being Enimical, or any whom 
you may Judge may with Safety to this State, or the United States, be 
Liberated in full or in part, with proper Restrictions, such as confine- 
ment to their farms or Towns under the Inspection of Reputable per- 
sons & during Good Behaviour. 

By order of Council, Jonas Fay, V. Pres 1L 

Copy exam d - 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 Granvil & 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* Oct r 1777. 
Resolved that Captain Joseph Bowker x be and is hereby appointed a 



1 Col. Joseph Bowker was one of the most prominent men in the 
state during the few years in which he lived to take part in public affairs. 
"With two exceptions he was President of every General Convention, 
the records of which are given in this volume. At the first election un- 
der the constitution he was elected representative for Rutland and at the 
same time received the highest vote cast for any man as Councillor. 
Before the votes for Councillors had been canvassed, he was elected 
Speaker of the House, which office and that of representative he of 
course relinquished on taking his seat in the Council. To that body he 
was elected seven times and until his death. He was the first judge of 
Rutland county court, which office he held till Dec. 1783 ; also the first 
judge of probate, and held that office until his death in 1784. Thor- 
oughly patriotic, eminently useful and pre-eminently popular, he left no 
heir to perpetuate his name, and no stone marks his grave. But as long 
as the early history of Vermont shall survive, his name will live. — See 
Deming's Catalogue, 1778-1851; and H. Hall's Early History, p. 456. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 19 1 

Commissioner of Sequestration, as Also Mr. George Foot 1 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 Fay, Sec r 'J- 

Warrant given to George Foot. 1 

Daniel Squire & Ebenezer Squire are permitted to Return to their 
homes & remain unmolested until further orders from this Council, hav- 
ing Taken the Oath of fidelity to the United States. 

By order, Joseph Fay, Sec'v- 

Abraham Davoo, of Pownal, is permitted to pass to his home in said 
Pownal unmolested until further orders from this Council. 

Jos. Fay, Sec'v- 

P. S. Was in Bennington Battle; has Taken the oath of Fidelity to 
the United States. 



State of Vermont. In Council of Safety, 21* 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'v- 

Henry Young is permitted to return home and remain until further 
orders from this Council. 

By order of Council, Joseph Fay, Sec'v- 

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 r - Davis, 
late Dec d -' 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 promise the sum of 
four pounds four shillings L. Money, & pay the Cost of Tryal, Taxed at 
£2 12 0. By order of Council, Jonas Fay, V. President. 

The Complaint relative to the above Judgment, Warrant & Evidences 
to support it, are on file. Jos. Fay, Sec'v- 



State of Vermont. In Council of Safety, 22 d Oct. 1777. 
John McNiel is permitted to pass from this to his home, there to re- 
main under the authority of N. York, as he has Voluntarily taken the 
oath of Fidility to the United States of America. 

By order of Council, Joseph Fay, Sec'y- 

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, Sec'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'v- 

1 The name of Mr. Foot appears again, in 1778, as quarter-master of 
the 5th Regiment. 

■i 



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'v- 



State of Vermont. In Council of Safety, 24 Oct r - 1777. 

Besolved 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 1 wife has applied to 
this Council for Liberty to go to her husband at Tyconderoga, the Coun- 
cil would Recommend to you, or the officer commanding at Pawlet or 
Skeensboro, to convey her (by a Flagg) if you think it best, & by such 
person as you shall think most Expedient. Her necessary clothing & 
one bed is to be Allowed her. 

By order of Council, Joseph Fay, Sec'v- 

The bearer Samuel Adams wife 2 is permitted to pass with her Chil- 
dren to her Husband at Tyconderoga unmolested, after passing the Ex- 
amination of the officer Commanding the Northern department. Nec- 
essary clothing & bedding to be Allowed, which order the Commanding 
officer will see punctually fulfilled. 

By order of Council, Joseph Fay, Sec'v- 

1 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 
G-en. Haldimand in the negotiations with Vermont in 1780-83. — 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. 

3 See ante, p. 167, note on Dr. Samuel Adams. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 193 

Bennington, 25 th Oct. 1777. 
Dear General,— I am directed to acquaint your Honor of the Necessity 
of Building some Barracks, a Hospital, &c. in this place, as there is a 
Large Continental Store keep here of Provisions & ammunition for the 
use of the Continent, & a Guard to Guard it, as also it is a place where 
soldiers Rendezvous, which makes it not only Necessary on ace 1 - of its 
being very Troublesome to the Inhabitants, but very inconvenient for 
both officers & Soldiers, who are passing to and from the Army. The 
Inhabitants of this place have been Willing to Suffer any thing to sup- 
port the American Cause, & still are, but if your honor should think ex- 
pedient to order Barracks to be Erected it would Greatly Contribute to 
the Benefit & Happiness of not only the People but officers and Soldiers 
that may be ordered this way. I shall However submit the affair to 
your honors direction being assured nothing in the power of your honor 
will be wanting that will Contribute to the Hapiness of the People. 
I have the Honor to be Dr. General 

your most ob*- Hum ble Servant, 

By order, Joseph Fay, Sec'v- 

Hon ble Maj r Gen 1 Gates. 

Statk of Vermont. In Council of Safety, 29 October 1777. 
Philo Hards Wife is permitted to pass with her child to her Husband 
at Tyconderoga. 

p r - Order, Joseph Fay, Sec'v- 



[Oct.] 30th. Resolved that Michael Dunning be a Commissioner of 
Sequestration & is hereby appointed. Warrant and Instructions Given. 
By order of Council, Joseph Fay, Sec'v- 

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'v- 

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'v- 

To whom it may Concern. 



State of Vermont. In Council of Safety, 31* Oct. 1777. 
The bearer John McNeil 1 is permitted to remain at Lieut. Breaken- 
ridges until further orders from this Council, and no other power in this 

1 This case, in connection with that of James Breakenridge, was often 
before the Council of Safety, and Governor and Council, and reprieves 
were granted from time to time, the result being that Mr. McNeil 
took the oath of fidelity and was permitted to remain in the state. He 
was for many years and until his death an honorable and useful cit- 
izen, widely known as Gen. John McNeil of Charlotte. He was 
one of the first settlers of Tinmouth, where his residence was in 
1777, when his property was confiscated on account of his being a 
loyalist. He seems then to have taken up his residence in Bennington 
with James Breakenridge, another very worthy man but unfortunately 
a loyalist. From Bennington Gen. McNeil removed to Charlotte with 



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

State than that of this Council will in future presume to violate a per- 
mission of this Tennor. 

By order of Council, Joseph Fay, Sec'v- 

To whom it may Concern. 



State of Vermont. In Council of Safety, 12 th Nov r - 1777. 
To the Sheriff of the County of Litchfield, [Conn.'] 

Sir, — The bearer Mr. Abel Hawley informs this Council that he has 
a son by the name of Agur Hawley who is confined in the Common 
Goal at Litchfield. The Council are unacquainted with the occasition 
[occasion] of his confinement at that place, as no person here is able to 
give account whether any Mittimus has been given, or whether his case be 
Criminal. Should you on Examination find it consistent with good rule 
to send him to this Council as he is properly an Inhabitant of this State, 
they would Take his case under consideration and endeavor to Deal with 
him according to his Merit. 

I am Sir your most Obedient Hum bl Servant, 

By order of Council, Joseph Fay, Sec'v- 

Bennington, 12 Nov. 1777. 

Dear Sir, — Brigade Major Walbridge, who has undertaken to build a 
Store House in this place, has made application to this Council for the 
assistants of Lieut. Edgerton & several others of your Regiment, (such 
as he may chuse.) The Council submit to your direction whether the 
service requires their Immeadiate assistants. If so you will Doubtless 
Detain them, if not they may Continue in the Service, and attend the 
business as Artificers, for which Lt. Edgerton & other Workmen will be 
Allowed 1 dollar pr. Day, in addition to their present pay, & common 
hands 4s pr. day. The number wanted will be about 10 which must be 
Good Hands. I am directed to present you the Council's compliments. 
You will please to accept the Same from 

Dear Sir (by order of Council) 

your most Obedient Hum bIe Servant, 

Col - Herrick. Joseph Fay, Sec'v- 



State of Vermont. In Council of Safety, 13 Nov r - 1777. 

The following is a Coppy of Jonathan Howards Certificate from 
Doc 1 - Roback, viz 1 - 

" Jonathan Howard being unfit for duty on ace 1 - of his Health is per- 
mitted to pass to Bennington. Jacob Roback, Surgeon." 

Maj. Jonathan Breakenridge. They were among the first settlers 
and were leading citizens of that town. Breakenridge was the first 
Methodist in Charlotte, leader of the first class, then a local preacher, 
and always an esteemed citizen. Gen. McNeil was the first town clerk, 
March 13, 1787; the first representative in 1788, also in 1789 and '90, '92 
and '93, and in 1796; judge of probate in Chittenden county three years, 
1787 to '89; and judge of the county court five years, 1789 to 1793. He 
was delegate in the convention of 1791, which adopted the constitution 
of the United States; and of 1793, which re-arranged the constitution of 
Vermont. McNeil's ferry, from Charlotte to Essex, N". Y., perpetuates 
the name of John McNeil. — See Vt. Historical Mag., vol. I, p. 745; and 
Deming's Catalogue, 1778 to 1851. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 195 

The bearer Jonathan Howard is hereby permitted to pass home, & is 
also discharged from the Service. 

By order of Council, Joseph Fay, Sec'v- 



State of Vermont. In Council of Safety, 14 Nov r - 1777. 
To Lieut. Martin Vowel: 

Sir, — You are hereby required to Let the bearer Mr. Broomly have 
one yoke of oxen formerly the property of Samuel Rose, he giving his 
obligation for the Value on Demand, after being appraised by men of 
Judgment, or as you & he can agree. 

By order of Council, Joseph Fay, Sec'v- 



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 daDey expected. On his re- 
turn shall Let you know his success. The Council are of opinion that 
no persons were Included in the Articles of Convention made and Sub- 
scribed by & between Lt. General Burgoyne&the Hon b,e Major General 
Gates, but those who are actually Included within Burgoynes Lines at 
the Time of Subscribing those Articles, therefore naturally Conclude 
that those Tory Enemies who were without Burgoynes Lines are not to 
be Delt with by the Military, but Civil Law, by which Rule you Doubt- 
less Guide your Conduct. 

I am Sir, (By order of Council) your 

most Ob 4 - Hum ble Servant, 

Joseph Fay, Sec'v- 

Col Herrick. 



State of Vermont. In Council of Safety, 14 Nov r ^ 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'v- 

[Nov.] 15th. David Millington & Joseph Hornblower are permitted to 
pass to Col°- [John] Brown's Regiment. 

By order, Joseph Fay, Sec'v- 

Andrew Stevenson, John Smith, Benoni Pendirk, Daniel Martin, & 
Samuel McFarren, is permitted to pass to St. Coik, to Maj. John Van 
Ranslears, there to diliver themselves up to the authority of New York. 
By Order of Council, Joseph Fay, Sec'v- 

To whom it may Concern. 



State of Vermont. Bennington, 15th Nov. 1777. 
In Council, date above. 
Sir .-—Inclosed you have a List of the names of five prisoners (& their 
crimes) belonging to your State, who have for some days past been Con- 
fined in this place. We have thought proper to Take their paroles to 
Deliver themselves [to] you as prisoners, & to be subject to the Author- 
ity of the State of N. York. You will therefore, after Examining them, 



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

send for the Evidence to support the Several Charges against them, & 
Deal with them according to the nature of their Crimes. 
I am Sir (by order of Council) your 

most obedient Humble Servant, 

Joseph Fay, Setfy- 
Major John V. Banslear. 



State of Vermont. In Council of Safety, Nov r - 16 1777. 

Resolved that it be recommended and it is hereby recommended to the 
Committees of Safety of each Town in this State to Take immediately 
under their examination all persons who have been to the Enemy, or 
such as are deemed Enemies to their Country, each Committee Taking 
under their Examination the persons belonging to their own Town, & in 
such Towns where no Committee is appointed to Call the assistants of 
neighboring Committee. No person to be tried short of the number of 
seven or more Committee men selictedfrom three different Committees. 
In case any such person or persons cannot Satisfy the Inhabitants of the 
Town to which they belong, & obtain their Liberty to Remain at home 
under proper Restrictions, to send such persons forthwith to this Coun- 
cil, with their Crimes in writing & Evidences to Support the Charges 
against them. 

The Council further Recommend to the respectable [respective] Com- 
mittees of Safety in this State to be ever mindful of the Worthy And Lau- 
dable Example set us by His Excellency General Washington, & the 
Good people Inhabitants of New Jersey, always bearing in mind to Con- 
sider the weak Capacities of many who have been affrightened into a Sub- 
mission to General Burgoyne &c, after which seeing their Eror confess 
their fault & are willing to defend their Country's Cause at the Risque 
of Life & fortune. 

By order of Council, Thomas Chittenden, Pres H - 

P. S. No persons whatever Included in articles of Capitulation are to 
be considered. 

Attest, Joseph Fay, Setfv- 

Mary Reynolds is permitted to send for her Gray horse & keep him in 
her possession until further orders from this Council. 

By order of Council, Joseph Fay, ISec'v- 

To whom Concerned. 



State of Vermont. Bennington, 16 Nov 1 "- 1777. ) 
In Council, date above. ) 
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 hle Maj r Gen 1 Gates, Albany. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 197 

17th Nov- 1777. 
To Captain John Fas sit: 

Sir,— You. are hereby Required to Diliver to James Brock his Cow, 
which you have in posession, his paying charges due for keeping and 
trouble. 

By order of the Council, Joseph Fay, Sec'v- 

State of Vermont. In Council of Safety, 17 Nov r 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'v- 

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. 1 

By order, Thomas Chittenden, Pres H - 

William Irish is permitted to pass to Tinmouth. 

By order, Joseph Fay, Setfy- 

Bennington, 18 Nov r 1777. 
Madam, — We rec d - 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'v- 

Mrs. Easter Hawley. 

[Nov.] 18. John Foot is permitted to pass from this to Sunderland. 
By Order of Council, Joseph Fay, Sec r 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'v- 

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'v- 

Isaac Goodsel is permitted to pass to Wells. 

By order, Jos. Fay, Sec'v- 

State of Vermont. In Council of Safety, 19 Nov r - 1777. 
To L L Peter Booerts, Commissioner of Sequestration: 

Sir, — You are hereby requested to furnish Colonel Thomas Chitten- 
den with a quantity of Hay at Arlington (if any there) for the support of 

1 The resolution enclosed must have been that of Nov. 16, before given. 



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

his cattle, keeping an acct. of the Same, & this order shall be your suf- 
ficient Voucher. 

By order of Council, Joseph Fay, Setfy- 

[Nov.] 19th. Whereas David Remington, an Inhabitant of this State, 
is Guilty of Deserting his Country 8 Cause & repairing to the Enemy, & 
aiding & assisting the British Troops against the United States of Amer- 
ica, by which he is deemed a notorious enemy to his country, 

Therefore Resolved that the whole of His interest within this State be 
forfeited & sold for the use and Benefit of Said State. 

It is further Resolved that the said David Remington forthwith re- 
pair to his family wherever they may be, and never return within this 
State without Liberty from proper Authority of this State, upon penalty 
of being taken up by any person or persons & brought before any Com- 
mittee of Safety or Selectmen, or any proper Authority of this State, & 
after being Convicted of such offence to Receive thirty-nine stripes on 
the Naked back put on at the Discretion of said Authority, & for every 
such offence to be punished as aforesaid. 

By order of Council, Thomas Chittenden, Pres H - 

David Remington is permitted to pass from this to his family wher- 
ever they may be. 

By order of Council, Joseph Fay, Sec'v- 

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 r - 1777. 
It is the opinion and Judgment of this Council, that Deacon Azariah 
Rude [Rood] pay Capt. John Fassett and his two Lieutenants, Matthew 
Lyon and Jonathan Wright, all the Ration money due to them while in 
service at Onion River in the year 1776 amounting to Twenty dollars, 
Takeing Capt. Fassett's Rec*- for the same, being money which said 
Rude Drew from the Quarter Master General. 

By order of Council, Joseph Fay, Sec'v- 



[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'v- 

In Council, Bennington, 20 Nov r - 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 ble Servant, 

Tno 8 - Chittenden, Pres' L 
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— Aug. 15, 1777, to March 12, 1778. 199 

ter, which I think does you and the State of Vermont great honor, & by 
which you will find the Generals approbation on your Kegiments being 
Dismissed. The Council therefore "order that your Kegiment be Dis- 
missed immediately as soon as this Comes to hand unless it will be a 
means of Frustrating some plans which you have in prosecution. You 
will be able to judge in that affair. I am directed by Council to return 
you and the Regiment under your Command, both officers & sol- 
diers, their Hearty thanks for their good services to this & the United 
States. The Council is also requested by the Hon ble Major General 
Gates to return you his thanks for the good services of your Regiment, 
which you will see by his Letter inclosed. I am sir sincerely 
your Hum ble Servant, by order of Counsel, 

Joseph Fay, Sec'v- 
Col - Herrick. 



[Nov.] 21st. 
To Mr. Alfred Hathaway: 

Sir, — You are hereby required to procure immediately Teames suffi- 
cient to Transport Ten berrils flour from Manchester to the Relief of 
Col°- 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'v- 



State of Vermont. In Council of Safety, 21 st Kov r - 1777. 
Agur Hawley is permitted to pass from this to Reupert. 

By order of Council, Joseph Fay, Sec'v- 

Bennington 21 Kov r - 1777. 
D r - 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 
immeadiately sent to" the Hon ble Major General Gates, which 1 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 & Hum ble Serv*» 

By order of Council, Joseph Fay, Sec'v- 

Col - Herrick. 



Bennington 22d Nov- 1777. } 
State of Vermont. In Council, date above. ) 
Gentlemen, — We Rec d - the proceedings of your Town in October 25 th 
ult°- These are to inform you that we have passed a Resolve in what 
manner Tories shall be Tried. The Commissioners of Sequestration 
have Rec d - 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 blt Serv 1 ' 

Thos- Chittenden, P. 
To the Inhabitants of Clarendon. 



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

Bennington 22 Nov. 1777. 
We have the pleasure to inform your honor of the Success of our 
Green Mountain Rangers in harissing the Enemies rear on their retreat 
from Tyconderoga in which Capt. Ebenezer Allen with 50 Rangers has 
taken 49 prisoners, upwards of one hundred Horses, 12 yoke of oxen, 4 
cows <fc 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 Col°- 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 Hum ble Servant, 

Thomas Chittenden, P. 
Hon ble Maj. Gen 1 Gates. 

[Nov.] 24«»- Resolved that Doct r - 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 Eat, Sec'v- 

[Nov.] 24 th - 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 thev belong, also to Determine with respect to the Confisca- 
tion of such Estates. 

By order, Thom 8 - Chittenden, Pres H - 



In Council, Bennington, 25 Nov r - 1777. 
Dear General, — I am directed by Council to Inform your honor, that 
the prisoners Taken by Capt. Allen on the West side Lake Champlain 
have arived at this place. The Council thinks proper to send them to 
Albany where your honor can dispose of them as you shall think proper 
as the most part of them are Tories belonging to the State of N. York. 
Several of them pretend they were included in the Capitulation Between 
your Honor & General Burgoyne. Be that as it will they was found aid- 
ing & assisting the Enemy to Drive their Cattle to Canada. Your hon- 
or's Wisdom will be sufficient to direct in this affair. 
I have the honor to be, (by order 

of Council,) Your honor's most 

Obedient Hum ble Servant, 

Tho 8 - Chittenden, P. 
Hon ble Maj r Gen 1 Gates. 

Bennington 25th Nov. 1777. 
To Capt. Samuel Bobinson : 

Sir, — You are hereby required to Take Seven men of your Company 
of Militia, Together with Eight of the Rangers, who Guarded the prison- 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 201 

ers from Paulet to this place, & take the Command of the Guard, & 
March the Prisoners now in the Guard House immediately to Albany, & 
diliver them to the Hon ble Major General Gates. 

I am Sir? (by order of Council,) your most 
Obedient Humble Servant, 

Tho s - Chittenden, P. 

In Council, 25 ]STov r - 1777. 
Sir,— The Confusion & Multiplicity of Business Occasioned by the 
Unhappy War in the Northern Department since the appointment of this 
Council has prevented their being able to git the constitution printed which 
oblidges us this Council to desire you to Call together the old Conven- 
tion to meet at Windsor, on Wednesday the 24 of December Nexte, which 
you will not fail to do. I am Sir (by order of Council,) 

your most Obedient Hum ble Servant, 
Capt. Bowker, [President.] Thos. Chittenden, P l 

P. S.— The business of the Convention will be to Adjourn the meeting 
of the General Assembly. Tho s - Chittenden. 

28 Nov 1- 1777. — Capt. Jonathan Fassett commissioned to Sequester 
Tory effects, [to] last during the pleasure of this Council or other Legisla- 
tive body within this State. Jonas Pay, V. P. 



Bennington, 29th November 1777. 

Dear General, — I am directed by this Council to acquaint your honor, 
that the prisoners taken by Capt. Allen have arrived at this place, and 
on examination find (to our surprise) a number of them to be included 
in the articles of Capitulation, therefore think to Inclose a particular re- 
turn of them & beg your honors further direction. Notwithstanding 
your orders to send them to Hartford in Connecticut yet least it might 
be disagreeable to your honor to send any who were destined to Canada, 
altho when Taken were found aiding & assisting the Enemy to drive 
Cattle & secure their effects, thought proper to acquaint your honor with 
every particular Circumstance. Beg your direction by the bearer, which 
will be chearfully Complied with by your Honors 

most Obedient Humble Servant, 

Thom. Chittenden. 

Hon ble Major Gen 1 Gates. 



State of Vermont. Bennington, 3 December 1777. 
Sir, — I have it in Command from the Hon ble 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 ace*- of them from their own Declara- 
tion. I am Sir by order of Council 

your most ob 1 - Hum ble Servant, 

Jonas Fay, V. P. 
Ezekiel Williams, Esq r -* 

Com r - of Prisoners, Hartford. 



Bennington, 4 December 1777. 
This day sent to Captain Elkanah Cook to proceed on business accord- 
ing to Commission of Sequestration sent him. This letter sent by Mr. 
Stephen Williams. Jos. Fay, Sec'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, Sec'v- 

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 1 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 A 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 4 - Hum ble Servant, 

Edward Hinman, Esq., Woodbury, [Conn.] 



State of Vermont. In Council of Safety, 12 Dec r - 1777. 
The Committee of Safety for the Town of Dorset are this day certified 
that Asa Bawldwin, Samuel McCoone, W m - Underhil, Thomas Bawld- 
win & Moses Yeal are discharged for whatever they may have said or 
acted relative to the dispute between Great Britian and America to the 
23 d day of September last. 

By order of Council, Jonas Fay, V. President. 



State of Vermont. In Council of Safety, 20 th Dec r - 1777. 
This day given Colonel Chittenden an order to Take one Cow belong- 
ing to this State, now in the Custody of John Conner of Manchester, 
which Cow is to be appraised and an ace 1 - Returned to this Council. 

By order of Council, Joseph Fay, Sec'v- 



State of Vermont. In Council of Safety, 20 Dec r - 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 H - 

To all Concerned. 



The end of the Proceedings of Council as Recorded in Book N°- 1, 
entered in this Book this 22 d day of March, 1788. 
By order of the Governor and Council, 

Joseph Fay, Sec'v- 



1 Mr. Barton was subsequently examined and acquitted. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 203 

Note by the Editor. — From the number of pages on the manu- 
script record, it appears that " Book No. 1" must have contained only 
about one quire of paper. The use of such books, probably unbound, 
with the further fact, indicated elsewhere, that the entries of some sittings 
of the Council were made on loose sheets, accounts for the incomplete- 
ness of the present official record of proceedings previous to 1788. 
Next in order on the official record, (though dated in September 1777,) 
is the following entry, which is given here simply to indicate that it is 
a part of the record. The letters, which followed it, have been inserted 
in chronological order with the other proceedings of the Council. 

Bennington, 17 th Sept. 1777. 
The following are copies of letters written by the Council commencing 
date above, & ending the 17th of Feb. 1778. 1 



State of Vermont. In Council of Safety, > 
Bennington, 3 d Jan>- 1778. j 
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 2 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 r - be & he is hereby appointed 
a Commissioner of Sequestration for the Town of Arlington. Commis- 
sion & Instructions Dilivered. 

By order of Council, Joseph Fay, Setfy- 



In Council of Safety, 6 Jany- 1778. 
Resolved that it be recommended to the Committee of Safety Con- 
vened in Convention for the Towns of Shaftsbury, Bennington & Pow- 
nal, to Strictly Examine into the particular Circumstances of the Es- 
tates of all such persons as they have had under Immediate Examination 
& are deemed to be Enemies to this and the United States of America, 
& as soon as may be Transmit to this Council a Copy of their Opinion 
of all or any part of Estates that are Justly Forfeited to this State. 

1 The first letter recorded bore date Sept. 17, 1777, and it is probable 
the letters were originally copied on sheets separate from the minutes 
and were afterwards transferred to the official record in a body, as they 
now stand there. 

2 Moses Robinson of Bennington was Councillor in March 1778 and 
afterward judge of the supreme court, governor, and U. S. Senator; and 
Moses Robinson of Rupert represented his town in the Assembly of 
March 1778 and for several succeeding years. 



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

Bennington, 7 January 1778. 

Sir, — You may remember that on the 21 fc day of October Last Judg- 
ment was had against you by the Council of the State of Vermont in 
favor of M r Job Wood in which Tryal you was to pay the Cost which I 
find on Examination to amount to about £5 0. M r - Job Wood now 
present requests the Authority of Council to interpose in his behalf. On 
this Indulgence of Council it is Expected you will pay his bill on Sight. 
Should you Refuse, you need not Expect a second Indulgence in the 
Premises. I am your friend & Hum ble Serv 1 ' 

Jonas Fay. 

M r - Eben r - 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 Whereas the Convention of Committees have Since taken him 
under their Examination & Adjudged him to be Enimical to the Liber- 
ties of America & Referred him to this Council to dispose of him as they 
think proper, They finding no Crimes against him (Transacted since his 
Trial aforesaid) do hereby discharge him, & he is permitted to pass to 
his home and there remain Unmolested, under the Inspection of the 
Committee, his Behaving as Becometh a friend to this & the United 
States of America. By order of Council, 

Jonas Fay, V. Prest. of Council. 

Attest, Jos. Fay, Sec'y- 

[January] 9th. 

To L ( Peter Boberts: — You are hereby required to Diliver Bennet 
Bardsley his horse & other effects, which you lately [took] as his Estate 
by virtue of your Commission of Sequestration for the use of this State. 
By order of Council, Joseph Fay, &ecV 



State of Verm3Nt. 

Dear Sir, — At the last Sitting of the General Convention at Windsor 
the 24 th of Dec r - last they were pleased to Choose you a member of the 
body. Ira Allen Esq r - was appointe d to advertise you therewith & de- 
sire your Immediate Attendance at this place; And least he should 
through hurry of business have neglected it, the Council Congratulate 
you on your appointment & Request your attendance without loss 
of Time, as much businsss is on hand of Absolute Necessity to be im- 
mediately Compleated, as Settling with the Rangers, &c. 

I am D r - Sir your most Obed*- Hum ble Servant, 

Jonas Fay. 

Benjamin Carpenter, Esq r - 



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 Kicho.ldson are 

prisoners of War. The Council have wrote to Gen. Gates on the Subject, 

who says in his answer they are by all means to be deemed as Such. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 205 

The Council therefore Expect you to Provide for them their rations on 
application until an Opportunity shall Present for disposing of them 
Otherwise. 

I am Sir your Hum bL Servant, 

By order of Council, 
William Sherman, Esq r - > Jonas Fay, V. President 

Commisary. \ of Council. 



State of Vermont. In Council of Safety, 12 th Jany- 1778. 
Gentlemen, — On application of Mr. Butterfield forwarded by the Hon ble 
Col°- Chittenden, this Council have Taken into Consideration the Mat- 
ter relative to the Estate the former property of James Hard 1 late of 
Arlington, and are of Opinion that you have good right to rent the whole 
agreeable to your Instructions in your Commissions (except but for one 
year from the first of April next) Notwithstanding the Womans Deed 
(Distinct) or otherwise from her husband. 

I am, Sir, your Most Ob~ dt - Hum ble Servant, 

Joseph Fay, Sec'y- 
Capt. Fitch & L l - Boberts, ) 
Commissioners Sequestration \ 

State of Vermont, in Council of Safety, ) 
Bennington, 12^ Jany- 1778. j" 
This Council having taken into Consideration the application of the 
Hon ble General John Stark requesting ten effective men to be immediately 
Employ d in Beating & Treading the Snow in the Road Leading from 
this place thro the pass of the Green Mountains to Col°- William Wil- 
liams in Draper Alias Wilmington within this State, do hereby Grant 
the said request, & order that Capt. Samuel Robinson, overseer of the 
Tories, provide such numbers properly officered & equippt with pro- 
visions and other requisite necessaries for such Service, who are to be in 
readiness to March Immediately. 

By order of Council, 
Attest, Jos. Fay, Sec'v- Jonas Fay, V. P. 

Jan. 12 1778. 
To Capt. Sam 1 - Robinson, Overseer of Tories: 

You are hereby required to Detach Ten effective men under your Com- 
mand with proper officers to take the charge and March them in Two 
Distinct files from this place through the Green Mountains to Col W m - 
Williams Dwelling house in Draper Alias Wilmington within this State, 
who are to March & Tread the Snow in S d - Road to suitable width for a 
Sleigh or Sleighs with a Span of Horses on Each Sleigh, and order them 
to return Marching in the Same manner to this place with all con- 
venient Speed. By order of Council, Jonas Fay, V. P. 

N. B. you are to order 3 days provisions to each"! 
of such men & the same to be Cooked this day & I 
to March at 6 °Clock tomorrow morning. | 

Attest, Joseph Fay, Setfv- J Jonas Fay, V. P. 



Bennington, 13 January 1778. 
The petition of John Payne, John Ordway, Comfort Sever & their 
associates, being presented to this Council, having Taken the Same under 
their Consideration, Voted that said petition remain in this office on file 

1 Hard was proscribed by the act of Feb. 26, 1779. 



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

& at the sitting of the General Assembly of this State to be laid before 
them, being the first Petition made for the Grant of the Land therein 
Mentioned. l 

By order of Council, Thos. Chittenden Pres H - 

Attest, Joseph Fay, Sec'v- 

[Jan.] 13th. 
To Irael Camfield, [Israel Canfield,~\ at Arlington: 

You are hereby ordered to deliver to the Bearer Mr. Daniel Sherman, 
Ten sides of Neates Leather & Two sides of horse Hide. 

Pr order of Council, Tho s - Chittenden, Pres H - 

[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, Tho s - Chittenden, Pres H - 

Resolved that it is the Opinion of this council that Abner Wolkuts a 
Estate is & it is hereby Declared to be forfeited to this State, 
(by order of the Council) 



Attest, Jos. Fay, Sec 1 * 



Tno s - Chittenden, Pres H 



Bennington, 13 Jany- 1778. 



State of Vermont. In Council, date above. 



To Mr Peter Haivley: 

Sir,— Please to deliver to the Bearer James Lewis Seargeant Major 
one & a half Bushels Wheat. 

p r order of Council, Tno s - Chittenden, Pres' 1 - 



[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, 
<fc do Also permit him to pass & repass on his Lawfull business unmo- 
lested. By order of Council, Joseph Fay, Se&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 North line of Rutland within this State on pen- 
alty of forfeiting & paying a fine for the use of the Same. 
By order of Council, 

Tho s - Chittenden, Pres H - 
Attest, Jos. Fay, Sec'v- 

1 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. 

3 Abner Wolcott of New Haven was proscribed by the act of Feb. 
26, 1779. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 207 

In Council, Bennington 14 Jan?- 1778. 
This Council having Taken under their Examination the Complaint of 
Captain Samuel Robinson against Deacon Azariah Rude for defrauding 
& endeavoring to cheat him the said Robinson out of Seventy Seven dol- 
lars Billiting Money, &c, And do hereby Resolve that the said Rood 
pay Capt. Robinson Seventy Seven dollars being his demand for billet 
money, & pay Cost & to stand Committed until this Judgment be Com- 
plied with. 

By order of Council, 
Attest, Joseph Fay, Sec'v- Thom s - Chittenden, Pres H - 

The above Judgment satisfied & paid. 

Jos. Fay, Setfv- 



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 preparations for a future Crop, by which meanes 
there appears to be Great Danger of such Inhabitants & others Suffering 
for Want thereof, And Whereas it has been Represented to this Coun- 
cil that Considerable Quantities have been & still are daily Trans- 
ported out of this State, To prevent such Inconveniency in future, this 
Council have Taken the same under their consideration, & have tho fc 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, Col°- 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 the Town, or Towns, ad- 
jacent to where such grain, Flour, or meal is carried from, (who are 
hereby Authorized to hear, Judge & Determine the Same,) shall forfeit 
such Load or quantity of Grain, Flour, or meal & three fold the Value 
thereof in money, one half to be given to any person or persons prose- 
eating to effect, the other half to be Converted to the use of this State, 
& this Council do hereby Recommend it to the Several Committees of 
Safety within this State to See this Resolve duly Observed, any one of 
whom is hereby Authorised to Seize, or on Complaint & application to 
Issue his Warrant to seize & Detain any such article before prohibited, 
& cause such person or persons to be examined & Tried as afore sd - 
This Resolve to Continue in force until the first Day of June next unless 
otherwise determined by the General Assembly of this State. 

By order of Council, Tho s - Chittenden, P. 

Attest, Jos. Fay, Sec'v- 



In Council of Safety, 15 th Jany- 1778. 
This may Certify whom it may Concern that Deacon Azariah Rude l 

1 Judging from charges against Mr. Rood, and judgments of the Coun- 
cil, he could not have been very highly esteemed as a deacon by his 
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, Sec'v- 

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 8 - Chittenden, P l 

Attest, Jos. Fay, Sec'v- 



16 January 1778. 
To Beuben Sealey & the rest of the Heirs of Ephraim Sealey, late of 

Danby Dec d : 
You are hereby Notified to appear before this Council on Thursday 
the 22 d Ins*- to show cause (if any you have) why the real Estate of 
Ephraim Sealey aforesaid shall not be Confiscated to this State. 

By order of Council, Tho s - Chittenden, Pres H - 

Attest, Jos. Fay, Sec'v- 

Bennington 17 January 1778. 

Whereas the Council must Take a Considerable Part of their time from 
this date to prepare matters to be Laid before the General Assembly — 
And Whereas there has been for some time past and probably will in 
future many things be laid before this Council that are of a private na- 
ture which Intercepts & hinders them from pursuing the business they 
were principally appointed for by the Convention of this State, there- 
fore Resolved that from this date until the 22 d - of this Ins*- January, & 
from the 5 of Feby- until the 12 th 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, Tho 8 - Chittenden, Pres H > 

The above Advertisement to be made public. 

To Mr. Eli Roberts: 

You are hereby fully authorized & Impowered to take into your Cus- 
tody all the moveable effects of David Remmington and Abner Wolcott, 
Except what Humanity requires for the support of s d - Wolcott's Family, 

fully. Deacon Azariah Rood, of Lanesboro, Mass., was one of the 
three first settlers of Jericho in 1774, the first selectman chosen, and the 
chairman of the committee to hire the first candidate as clergyman. He 
died in 1795, leaving a son, Thomas Darkely Rood, a model deacon, 
who left two sons, both clergymen of repute, Rev. Heman Rood, D. D., 
head of the theological seminary at Gilmanton, N. H., and afterward 
clergyman at Hartford, Vt. ; and Rev. Anson Rood, pastor for several 
years of a congregational church in Philadelphia, where he died.— See 
history of Jericho in Vt. Hist. Mag., vol. i, pp. 829-832. The editor re- 
members one of these clergymen as principal of Washington county 
grammar school. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 209 

& also to seize & Lease out to some proper person the Real Estate of the 
aforesaid persons not Exceeding one year from next April. The movea- 
ble Estate you will Sell at Public Vandue or otherwise as you shall think 
best. You will out of the avails of the moveable Estate of Abner Wol- 
cott supply his family with provition until further orders, the overplus of 
money after your Cost (if any be) you will return to the Treasurer of 
this State. You will keep a true & Just account of all that you Sell. & 
the price of what you expend for the use of the Family, any other Com- 
missioners authority Notwithstanding in the State of Vermont. 

By order of Council, Tho 8 - Chittenden, Pres^- 



State of Vermont. In Council of Safety, 19 January 1778. 

Whereas sundry Inconveniences have arose by reason of the Commis- 
sioners of Sequestration Interfering one with the other; therefore Re- 
solved that no Commissioner of Sequestration for the future be allowed 
to Transact Bisiness for this State in any Town where there is a Com- 
missioner appointed. And when any Commissioner has Transacted 
Bisiness before this date in any Town where there is a Commissioner 
now appointed, they are directed to Transfer their business done in 
s d Town over to said Commissioner. 

By order of Council, Tho 8 - Chittenden, Pres u - 

Attest, Joseph Fay, Sec'y- 



Bennington 20 January 1778. 
This may Certify whom it may Concern that Thomas Tuttle having 
passed Examination before this Council that he appears to be a friend to 
the United States of America. 

By order of Council, Tho 8 - Chittenden, Pres H - 

Attest, Joseph Fay, Sec'y- 

[Jan.] 20 th - Permission is hereby granted to the bearer Alexander 
Gourdon to Transport 20 bushels Wheat & fifteen of Indian Corn out of 
this State agreeable to a former Contract (certified on Oath) made pre- 
vious to the Resolve of Council Laying an Embargo on Wheat, &c. 

By order of Council, Tho 8 - Chittenden, Pres H - 



[Jan.] 21. This Council having Taken into Consideration the Com- 
plaint of Witherel Wittum against William Wheeler, & having heard 
the Several Evidences relative to the case, of opinion that William 
Wheeler pay Witherel Wittum two pounds sixteen shillings Lawful 
Money, which is the demands of the Execution against Wittum for cost, 
&c. & pay the cost of suit ammount to £2 12 L. Money. 

By order of Council, Tho s - Chittenden, Pres H - 

Attest, Joskph Fay, Sec'y- 

In Council, Bennington 22 Jany- 1778. 
To M r - Bottom of Shaftsbury: 

Sir, — You will please to Deliver Christopher Roberts three sheep 
which you have in your Custody, supposed to be the property of this 
State, his paying your reasonable Charges for their Keeping, &c. 

By order of Council, Tho 8 - Chittenden, Pres L 

Benjamin Eastman is permitted to return from this to Arlington & 
their remain until further orders. 

By order of Council, Tho 8 - Chittenden, Pres L 

To all Concerned. 



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

To John Reynolds: 

Sir, — Please to deliver to M r - Christopher Roberts one sheep which 
you have in your Custody supposed to be the property of this State, his 
paying your reasonable Charges for keeping, &c. 

By order of Council, Thomas Chittenden, Pres H - 

[Jan.] 22. Permission is hereby given to the bearer Arad Ivril 1 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, Tho s - Chittenden, Pres L 

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 much Ob- 
structed in their more immeadiate & necessary business, to [prevent] 
such inconveniences in future, 

Resolved that Captain Samuel Robinson & his assistants be hereby 
Authorized to permit the Several Tories of the First Class to go home 
for a necessary Limited Time (at Iheir discretion of the said Robinson 
& his assistants,) on Extraordinary Occasions, as in case of sickness, & 
distress of their Families, &c. 

By order of Council, Tho s - Chittenden, Pres H - 

Attest, Joseph Fay, Sec'v- 

The above sent to Capt. Samuel Robinson. 

23d. This Council are of opinion that John McNeil has been under 
Confinement 15 days Contrary to the True intent of the Committee be- 
fore whom he had his Tryal & as he appears to be out of Health you 
have therefore Liberty to give him a pass to go home & remain there 
unmolested 15 days. 

By order of Council, Thom s - Chittenden, Pres" ( - 

Captain Sam 1 - Robinson. 



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 Stale) have bought & sold to the In- 
habitants in small quantities, & at Exhorbitant prices, (& Continue so 
to do) certain Spirituous Liquors, whereby drunkenness, Idleness, Quar- 
rels, &c. &c. is promoted among us, which Evil to prevent in future, 
have thought fit and do hereby R-esolve that the Committees ol Safety, 
Selectmen, & Constables of Each Town within this State, shall meet 
Together at some convenient place within each respective Town on the 
second day of March Next, & Nominate by their Major Vote a Sufficient 
number of suitable persons to keep houses of public Entertainment for 
Travellers for the year Ensuing, or until otherwise ordered by the Gen- 
eral Assembly of this State, & return their Names to this Council, or to 
any two of the members thereof, who are hereby fully Authorized and 
Impowered to Grant License for that purpose Taking one Dollar or six 
shillings as a fee for the Same. 

Further Resolved that if any person or persons within this State not 
Licensed as above shall after the 30 day of March next presume directly 

1 Probably Avrill or Averill, of Sunderland. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 211 

or indirectly to sell any kind of Spirituous Liquors, in any less Quantity 
than one Quart, nor any quantity to be Drank in or about his, her, or 
their house or houses, for any such offence being thereof duly convicted 
before three of the Committee men of the Town where such offence is 
Committed, (who are hereby fully authorized and impowered to hear and 
Determine the same,) shall forfeit & pay the sum of Six pounds Lawful 
Money, the one half to be applied for the use of the Town where such 
offence is committed, and the other half to be given to the person Com- 
plaining & prosecuting to effect. 

By order of Council, Tho s - Chittenden, Pre H - 

Attest, Joseph Fay, Sec'y- 



In Council, Bennington 24 January 1778. 
Permission is hereby Given to the Bearer hereof, M r - David Safford,to 
Transport two Thousand W*- of flour out of this State, agreeable to a 
former Contract made previous to the Resolve of Council (Certified on 
Oath) Laying an Embargo on Wheat, &c. 

By order of Council, Thomas Chittenden, Pres' L 

To whom it may Concern. 

24. Resolved that Captain [Zadock] Averis be directed to Employ 
Abner Wolcott in the Service of the Continent while necessary, unless 
otherwise ordered by this Council, & that Capt. Averis make return of 
said Wolcott & his doings to this Council. 1 

By order thereof, Moses Robinson, P. P. 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 l - Col. llerrick to each Non-Commissioned officer or Soldier who 
shall inlist for a Certain Expedition to [Canada] now on foot. 



In Council, Bennington, 28 Jan>- 1778. 

This day passed an order & directed the same to Capt Sam 1 - Robinson 
overseer of Tories or either of his assistants to Take under their direc- 

1 The editor supposes this to be Zadock Everest, though the bio- 
graphical notice of him in the Vt. Hist. Mag. gives him no military title. 
His special business at the above date and afterward appears to have 
been to look after inimical persons. Zadock Everest came from Con- 
necticut into Addison in 1765, with two others, who were the first Eng- 
lishmen who settled in that town. He opened the first public house in 
Addison county, but was forced to leave it on Burgoyne's invasion in 
1777, going to Pawlet and remaining until 1784, when he returned to 
Addison. He represented Pawlet in the first General Assembly, March 
1778; Panton in 1785; and Addison in 1788, '89 and '95. Benjamin 
Everest of Addison, whose military exploits and adventures form a 
long and interesting chapter, was a brother of Zadock. — See Vt. Hist. 
Mag., vol. i, p. 10. 



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

tion & immediately Employ Thomas Brayton & Enter him in the first 
Class agreeable to the direction of the Committee of Clarendon. 

By order of Council, Tho s - Chittenden, P. 

To Capt. Samuel Robinson or either of his assistant overseers. 

29 Jany- 

Whereas reports to the prejudice of the Bangers & others have circu- 
lated among the people, & have also been made to this Council, that 
great injustice have been done to the Inhabitants by them, they having 
plundered them contrary to Express orders and designs of this Council, 
and Whereas some of the officers [of the] Rangers have moved that a 
Trial be Indulged them that thereby their characters may be established 
and Blame fall only on the Guilty (if any there be,) 

Therefore Resolved that all persons be & they are hereby Notified to 
bring information or evidence to this Council of the effects plundered or 
Taken from them, & by whom, or what party, Attested on Oath before 
the Chairman of any Committee of Safety, the 25 day of February next, 
& all persons Neglecting to Exhibit their Complaints on the above said 
day, shall be forever foreclosed bringing in such Complaints, & Reports 
to the prejudice of any officer or Soldier, or any other persons relating 
to the premises, shall not be noticed but Treated as Scandalous Libels. 
Provided Always that nothing in this Resolve be construed that any 
Complaint against any person for plundering that shall be found out 
after the 25 day of Feb>- next be Excluded. 

By order of Council, Tho s - Chittenden, P h - 

Attest, Joseph Fay, Sec'y- 

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 whom 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 Curtis 83 wife, 
their giving sufficient bonds to Maintain the said John Curtis s wife dur- 
ing her Life. 

By order of Council, Tho»- Chittenden, Pre''- 

To Capt. Elkanah Cook. 

Bennington, 30 th Jan. 1778. 
M rs - Munro is hereby Permitted to remain in possession of the House 
& farm formerly the possession of her husband (John Munro Esq r -) 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. 
Sir— You. are hereby directed to dispose of the Grain belonging to 
this State to such' of the Inhabitants as have been drove from their 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 213 

farms, &c. by the Enemy (as they may apply to you) at the Common 
Price which is for Wheat 3 Dollars p r bushel. You will reserve all 
Spring Grain for Seed. 

I am Sir by order &c. Joseph Fay, Setfv- 

Michael Dunning Esq r -i 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 Raising three hundred Troops for a Certain 
Expedition upon which a Bounty upon Each man he should obtain was 
Granted, after which application was made for Recruiting Money for the 
officers which was not fully Complied with, [on account of] which No 
Doubt your honor has been informed, that Col° Herrick is like to dis- 
appoint you in your request to him. Being Concerned that the Expedi- 
tion to this State is of the Utmost importance (could it be performed,) 
would acquaint your honor, that on the least application made by you to 
this Council, any number of Troops possible to be raised shall be at your 
Command. Desire your honor would favor this Board with the particu- 
lar Method in which the State of N. Hampshire raises their Troops for 
this Expedition, as also the Encouragement provided by the Continent. 
Yesterday llec d Certain Intelligence that the Lake is Closed with Ice. 
I am Sir with Sentiments 

of Esteem (by order of Council) 
your most Ob 1 Hum ble Servant, 

Tho s Chittenden, Pres L 
Hon ble Brig' r Gen 1 Stark. 



In Council, Bennington 2 d Feb. 1778. 

Whereas Andrew Hawley of Arlington has been had before this Coun- 
cil for Enimical Conduct towards the United States of America, & has 
made Satisfaction for such public Offence, Nevertheless it is not ment to 
Excuse him from making restitution for any Injury done any private 
persons, but it ought to be made to appear that such injury be done by 
[his] own person or otherwise by his own actual procurement. 
I am Gentlemen yr. most Ob 1 Hum ble Serv*- 

By order, Joseph Fay, Setfv- 

To the Gentlemen sitting on Arbitration on a dispute between W m - 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 d Feby 1778. 
Sir, — You are hereby directed to Lease that part of the Farm formerly 
improved by Capt. Hard of Arlington (now Claimed by his wife) to 
Jacob Galusha except 5 acres of plow Land & 5 of fallow, which M r - 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 d 
Farm. 

By order of Council, Tho 8 Chittenden, Pres H > 

Capt. John Fassett Ju r ^ C. S. 



214 Council of Safety^- Aug. 15, 1777, to March 12, 1778. 

In Council, Bennington 3 d February 1778. 
This Council do hereby Permit the Bearer Elnathan Murwin to In- 
ventory his Brother Israel Murwin's Estate (late Dec d ) & settle the 
Same keeping a Regular account to Exhibit to this Council whenever 
demanded. 

By order of Council, Thomas Chittenden, Pres 1 - 

Attest, Joseph Fay, Setfv- 



In Council, 4 Feby 1778. 
Orders to the several Colonels of Militia as follows 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. 1 

Attest, Joseph Fay, Sec't/- 

In Council, Bennington 4 January [February] 1778. 
The Bearer Jesse Welder 2 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, Setfy- 

To whom it may Concern. 



In Council, Bennington 6 Feby- 1778. 
Sir, — You will examine into the proof of Capt. Fitch 8 giving the refu- 
sal of the house (formerly the property of Benjamin Holt a ) to Mr. Imus, 
& if you find to your satisfaction he had the Refusal previous to your 
appointment you will make the Engagement good. You will give him 
a Reasonable time to procure his Evidence. 

By order of Council, Joseph Fay, Sec'v- 

Capt. John Fassett, [Jr.,] C. Sequest n - 

1 This order indicates six regiments of militia at that date, of which 
respectively these gentlemen were Colonels. 

2 Unquestionably Jesse Welden, the first settler in St. Albans. L. 
L. Dutcher says Mr. Welden was driven off during the revolutionary 
war; that he is said to have been taken a prisoner by the British and 
escaped; and that he returned to St. Albans in 1785. The above record 
indicates that he intended to return in the winter of 1778, at least tem- 
porarily. — See Vt. Hist. Mag. vol. n, p. 290. 

3 Benjamin Holt of Arlington had doubtless joined the enemy pre- 
vious to this date, for which his property had been confiscated. Later 
he was under the ban of the act of Feb. 26, 1779. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 215 

[6] Sir, — You are hereby Kequired to liberate John Mattisson who is 
in the 3 d Class, under your Command, until further orders from this 
Council. 

By order of Council, Joseph Fay, Sec 1 *- 

Capt. Robinson, Overseer of Tories. 

State of Vermont. In Council of Safety, 
Bennington 6 th Feby- 1778. 
To the inhabitants of the State of Vermont: 

Gentlemen, — The United & joint Representatives of this State in their 
General Convention held at Windsor, & on the Several Times afterwards 
by Adjournments, did on the 2d [8th] day of July last Compose & agree 
Unanimously on a Constitution for the future Government & Mutual 
advantage of its Inhabitants. It was then proposed by the joint agree- 
ment of the said Representatives that such Constitution should be 
printed so as to have had them circulated among the Inhabitants season- 
ably to have had the General Election of Representatives to Compose 
the General Assembly in December last, who (by agreement) was to 
have met at Bennington within this State in the month of January last, 
but finding by repeated experience that the Troubles of the War and 
Encroachments of the Enemy would of Necessity render it impossible, 
this Council did think fit to again call on the members of the General 
Convention to meet, who accordingly met at Windsor on the 24 day of 
December last, & did Unanimously agree to postpone the day of Elec- 
tion until the first Tuesday of March next, & the Setting of the Assem- 
bly to be at Windsor, on the 2 d Thursday of March next. The Consti- 
tution is now printed & will be distributed among the Inhabitants of the 
several Towns in this State, so early that they may be perused before 
the day of Election, which this Council hope will Sufficiently Recom- 
mend the most safe & just Method of Choosing of Representatives to 
compose the General Assembly. Nothing but a real zeal for the future 
well being of the Inhabitants of the United States of America in Gene- 
ral & this in particular could have induced this Council to have under- 
taken the arduous Task of Setting so many Months successively to pro- 
vide for the Safety of its Inhabitants. They therefore Flatter them- 
selves that their Services will meet the approbation of their Employers. 
The Council are fully of the opinion, that nothing but [the want of] a 
firm Attachment & joint Connection of the Inhabitants of this State 
can frustrate or prevent their being what they so reasonably wish to be. 
I am Gentlemen (by order of Council) 

your most Obedient Hum ble Servant, 

Thomas Chittenden, Pres H - 

Bennington, 6 February 1778. 
Resolved that three men be appointed as a Committee to repair to 
Moncton [Monkton] when applied to by I> Barnabas Barnum, 1 & 
there to hear and Determine the Cases of any & every person who 
shall be brought before them for Enimical Conduct Towards the United 
States, & that Captain Zebulon Mead, M r - Joseph Smith, & M r - Joseph 
Jackson be the said Committee. 

By order of Council, Thomas Chittenden, Pres H > 

1 Barnabas Barnum was one of the first settlers in Monkton. He 
was killed in the fight at the block-house in Shelburne, March 12, 1778. — 
See Vt. Hist. Mag., vol. I, pp. 65, 66, 878. 



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

In Council, 6 Feb. 1778. 
Resolved that if either of the persons appointed as a Committee to go 
to Moncton Refuse to Serve that the other Two of them appoint another 
in his Sted. 

By order of Council, Thomas Chittenden, P. 

State of Vermont. Bennington, February 7 1778. > 
In Council, date above. J 
Gentlemen, — Your request for this Councils Assistance in Guarding 
the Frontiers of this State has this moment come to hand. The Council 
have Taken the same into consideration, & in consequence have ordered 
one hundred men to be Immeadiately raised & properly officered for that 
purpose who will March as soon as they can be possiably raised. It is ex- 
pected the Inhabitants in your quarter will Turn out Freely on this Em- 
ergency. They will continue 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 r - l 



State of Vermont, Bennington 7 Feby- 1778. 

Sir, — You are hereby Commanded to appoint one Lieutenant & see 
him furnished with fifteen men to join Captain Warren or the Commander 
that may hereafter be appointed to command the party to Guard the 
Frontier settlements on Lake Champlain. 

By order of Council, Jonas Fay, V. Pres*- 

To Col - James Mead. 2 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 ble Servant, 

By order of Council, Joseph Fay, Sec'*- 

Capt. Joseph Smith & ) 
Capt. Elkanah Cook. \ 

1 Joseph Smith of Clarendon, who was a delegate in the Convention 
at Windsor of June 4, 1777, and a representative in the General Assem- 
bly in 1780 and '81. 

2 Col. James Mead of Rutland was a member of the Dorset Conven- 
tion of Sept. 25, 1776, and one of the Committees appointed by the Wind- 
sor Convention in June 1777 to arrange with the commander at Ti- 
conderoga for the defense of the frontiers. He was Colonel of the third 
regiment of the militia in the order in which they stood at the date of 
the above. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 217 

State of Vermont. In Council of Safety, ) 
Bennington. 9 Feby- 1778. J 

Sir, — Yours of yesterday date is now before this Council. They have 
duly diliberated on your several requests contained therein, & in conse- 
quence have resolved to furnish three hundred effective men out of this 
State exclusive of officers, who it is Expected will Engage as Volunteers 
to Serve in the Northern Intended Expedition, who are to continue in 
Service until the last day of April next unless sooner discharged by the 
Commanding Officer of said Expedition. It is Expected they will be En- 
titled to such Encouragement as is Allowed the Volunteers of other 
States, and as it is improbable that men are provided with necessaries to 
March as soon as the first day of March next, this Council thinks it 
will be necessary that provisions be made out of the public Store for 
such as may be unprovided with shoes, stockins & Blankets ; as it is pro- 
posed to raise the men out of the Troops who served the last Campaign 
from this State, the pay for such service (for which 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 afforded the Quarter Master in Col- 
lecting Hay, Provision and Transporting flour, &c. 
I am Sir your most Ob 1 Hum ble Servant, 

By order of Council, Thos. Chittenden, P. 

Col - Hay. 1 

State of Vermont. Bennington 9 Feby 1778. > 
In Council, date above. j 
Sir, -Your Letter forwarded by Col - Hay dated Albany 7 t Inst came 
to hand last Evening, in which I am informed of an Expedition proposed 
to the Northward. You also requested of this State to Engage all the 
Volunteers Possible to join the Army on this Expedition. I called to- 
gether the Council & Committee of this Town & have laid your letter 
before them. In consequence of which they have Resolved to raise three 

1 Jan. 9 1777 the Continental Congress resolved that Udney Hay, Esq., 
be appointed a lieutenant-colonel by brevet and assistant deputy quar- 
ter master-general, and stationed at Ticonderoga. — Journals of Congress, 
1777-78, vol. in, p. 10. Dec. 3, 1777, brigadier general John Stark was 
appointed by Congress to command a secret expedition during the win- 
ter season, having specially in view the destruction of the enemy's ship- 
ping at St. Johns, or elsewhere, on Lake Champlain. About the same 
time an "irruption into Canada" was determined upon, under the com- 
mand of the Marquis de Lafayette. Feb. 2, 1778, major general M c Dou- 
gal was selected to accompany Lafayette, and the baron de Kalb in case 
M c 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 ble Continental 
Congress to carry the above Kesolve 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. 
Col°- 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 Col°- Hays several requests to them relative to the before mentioned 
Expedition. 

I am Sir (by order of Council) 

your most obd* Humble Servant, 

Thomas Chittenden, P. 
Col - Moses Hazen. 1 

State of Vermont. In Council of Safety, \ 
Bennington 9 th Feby- 1778. J" 
Sir, — You are hereby directed (with the assistance of the other Gen- 
tlemen of the Committee of Safety for this town,) to Take under your 
Consideration the Case depending between Samuel Robinson, Overseer 

1 Brig. Gen. Moses Hazen, at the opening of the Revolutionary War, 
was a resident of Canada, drawing from Great Britain the half pay of a 
captain for previous military service. Gen. Montgomery, in his Canada 
campaign, used a considerable portion of Hazen's property for military 
purposes, and Hazen promptly applied to the Continental Congress for 
compensation. This application resulted in an arrangement by which 
he was to be paid for his property, receive an equivalent for the half pay 
he would forfeit, and enter the continental service as colonel of a regi- 
ment which he was to raise in Canada. He raised the regiment, but of 
course, in the retreat in 1776, he was obliged to leave Canada with such 
of his regiment — a remnant probably — as were disposed to adhere to his 
fortunes. From that period his regiment was independent of any State 
connection, under the control of Congress solely, and Hazen was author- 
ized to recruit wherever he could find men to enlist. Finally, his regi- 
ment was selected by Congress to receive all foreigners who were willing 
to serve. Hazen served through the war in different fields of service, 
and he was made Brigadier General by brevet, June 2, 1781. His name 
has been familiar in Vermont since 1779, for his work in completing the 
military road which is still known as "the Hazen road." Gen. Bayley of 
Newbury commenced it in 1776, and in 1779 Hazen continued it from 
Peacham through Cabot, Walden, Hardwick, Greensboro', Craftsbury, 
Albany, and Lowell, and erected several block-houses— a road about 
fifty miles in length. It was designed, professedly, to extend to St. 
Johns in Canada, but was abandoned in the forest at " Hazen's Notch," 
near the line of Montgomery. 



Council of Safety— Aug. 15, 177T, 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 H - 

Elnathan Hubble, [Hubbell,~] Esq r -< Chairman of Committee of Safety in 
Bennington. 



State of Vermont. In Council of Safety, 10 th Feby- 1778. 

Sir, — On application of Col°- 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 r -> 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 
with the necessary articles of shoes, stockins, or Blankets, there is En- 
couragement that they may be supplied out of the Continental Store by 
applying there. As it is expected that a Respectable body of Continental 
Troops will be employed in Conjunction with the Volunteers from this 
& the Neighbouring States, sufficient to penetrate into Canada and there- 
by frustrate any designs the enemy may have in a future Campaign of 
approaching this Country, and as this State is particularly exposed by its 
Contiguous Situation to them to be first ravaged unless some such effec- 
tual means shall be successful to prevent their Invasions, Therefore this 
Council flatter themselves, that no further arguments [need] be used to 
induce every well wisher to the Freedom & Liberty of himself & Injured 
Country vigorously to exert every Nerve on this most important Occa- 
sion. I am Sir by order of Council your 

Copies of the foregoing Letter ) most Obedient Hum ble Servant, 
sent to the several Captains on the > Thomas Chittenden, President. 
East side the Green Mountains. ) Attest, Joseph Fay, Sec'v- 



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 estate to assist to Carry into Execution a 
plan proposed by the Hon ble Continental Congress for penetrating into 
the Province of Quebeck. Each Volunteer within this State, who may 
Engage in this enterprise, is Intitled to receive Ten Dollars Bounty as 
an encouragement before he Marches besides the encouragement by 
Wages, plunder &c, as Allowed the Volunteers from the other free & 
Independent States of America. They have also Resolved to give Col°- 
Herrick, yourself with the other officers who served under you as Rang- 
ers the last Campaign, the offer of Recruiting the said three hundred men 
& Commanding them in S d 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 Eecruiting. It is hoped 
the men will be ready to March by the first of next Month. You will 
please to Let the Council know immediately wheather you except. 
I am Sir your most Ob* hum. Servant, 
By order of Council, Joseph Fay, Sec'v- 

Major Benj a - Wait. 



In Council, Bennington 10 th Feby 1778. 

This Council having Taken under their Consideration the Complaint 
made to this Council by Captain Zadock Averis [Everest] in behalf of 
the United States against John Gail for Enimical Conduct [against] the 
United States of America, having Examined the Evidence^ & every at- 
tending Circumstance relative thereto, and after seriously deliberating 
thereon, do Judge and order that the said John Gail pay thirty pounds 
Lawful Money as a fine for the use of this State, and pay all reasonable 
Charges of suit & stand Committed until this Judgement be Complied 
with : Cost Taxed at £16 8 0. 

By order of Council, Tho s - Chittenden, Pres ( - 

Attest, Jos. Fay, See'v- 

Feb. ll«i Eec d the Cost of this above suit £16 8 & £21 14 on the 
above Judg** pr J. Fay, tSec'y- 

£8 6 Eec d 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 Ephraim Sealey Late of Danby Dec d 
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 d Sealey dispensing with what Loss the Estate met with before his 
Death. By order of Council, Thomas Chittenden, P. 

Attest, Joseph Fay, Sec'v- 



In Council, 10 th Feb. 1778. 

The bearer John Gail is permitted to pass to his home in Addisson 
having Voluntarily Taken the Oath of Fidelity to the United States of 
America. By order of Council, Jos. Fay, Sec'y- 

To whom it may Concern. 



In Council, Bennington 10 th Feby- 1778. 

Sir, — Inclosed you have a Warrent to Engage fifty able bodied and ef- 
fective men to Serve in an Expedition to Canada, Together with two 
Warrents for two Lieutenants & blanks left for their names. You are 
hereby directed to give your former Lieutenants the offer of them. 
Should any thing prevent their serving in this Campaign you will ap- 
point others & enter their names in the blanks. You will take particular 
care to appoint men of Honor & varasity, & such as be most Likely to 
raise their quoto of men. You will do all in your power to have your 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 221 

Company raised with all Possible Expedition not to Exceed the first 
day of March next. 

I am Sir your Humble Servant, 

Thomas Chittenden, Pres ,( - 
Ccpt. Ebenezer Wood. 1 

(l th.) 
This Council having Taken under their Consideration the request 
made by Capt. Pel eg Sunderland relative to the Guns found at Hughbar- 
ton, [Hubbardton,] & Resolve that the Case be referred to the General 
Assembly at their next Term in March next. 

By order of Council, Tho s - Chittenden, Pres 1 *- 

Attest, Jos. Fay, Sec'v- 

In Council, Bennington, 10 th Feb?- 1778. Copy. 

Whereas application has been made to this Council by Colonel Moses 
Hazen, Commanding the Continental Troops at Albany in the Northern 
Department, to raise as many Volunteers as possible in the Power of 
this State, to serve in an Expedition to Canada, in consequence of which 
this Council have this day Resolved to raise three hundred Volunteers 
within this State, to be in a Regiment Commanded [by] Samuel Herrick 
Esq 1 "- L l - Colonel Commandant, to Continue in Service until the last day 
of April next ; Further Resolved, that Major Benj a Wait be & he is 
hereby appointed Major to said Regiment, & that Captains Ebenezer Al- 
len, Jesse Sawyer, Parmely Allen, Ebenezer Wood, Boyden, & Ab- 

ner Sealey, be and they are hereby appointed to be Captains in Colonel 
Samuel Herricks Regiment, & the Subalterns that Served under the 
before Mentioned Captains, in the last campaign, have the offer of Serv- 
ing again, & should any of them not Serve, the Captains hereby directed 
to appoint such others as will be most Likely to Recruit their quoto of 
men. Particular care is to be Taken to appoint men of honor & 
varacity. Further Resolved that a premium of one Dollar be Granted 
by this Council to the officers for every able bodied effective man they 
shall enlist for the before mentioned Expedition, & that a bounty of 10 
Dollars be given to each non Commissioned officer & soldier that shall 
so engage, to be paid them before they March. 

By order of Council, Thomas Chittenden, Pre 11 - 

Attest, Joseph Fay, Sec'v- 



Bennington 12 Feb?- 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 priviledge for his family. If you can 
oblige him with the same priviledge it rnay be as much for your benefit, 
and perhaps give better Satisfaction to your Neighbours. 

By order of Council, Thomas Chittenden, Pre H - 

To M r - James Breakenridge. 

1 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 Mas 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 Feby- 1778. 
Dear Sir, — This Council is informed your honor is about to undertake 
the Tedious journey from Albany to your Family ; I am directed to in- 
form you that they are extreamly happy to hear your honor has a 
favourable prospect of Kecovering your Health after so long & Tedious a 
Confinement, & that your Broken Limb is so likely to be in perfect shape 
as well as Sound, from which it is sincearely hoped your future Service may 
be found useful to the public & meet with its former Satisfaction, which 
was universal by every friend & well wisher to the United States of 
America. You have the Good wishes of the Inhabitauts of this Country 
for your safe arrival home to your Family in expectation that in due time 
you will be Enabled to return to this part of the Continent Commander 
in Chief, under whose wise direction they will think themselves in per- 
fect Security. May the blessings of Heaven rest on you & kind Provi- 
dence Guard you safe thro the long & Tedious Koad 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 Ob*- & Hum ble Servant, 
By order of Council, Tho s - Chittenden, Pres H - 

The Hon ble Maj r Gen 1 B. Lincoln. 



(Feb. 16.) 
John Potter is permitted to Transport Twenty bushels Wheat out of 
this State. By order of Council, Joseph Fay, Sec'v- 

To all Concerned. 



Bennington 15 Feb*'- 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, Tho s - Chittenden, Pre H - 

To Capt. Joseph BowTcer. 

State of Vermont. Bennington 17 Feb?- 1778. ) 
In Council of Safety, date above. j 

Dear Sir, — I am directed by Council to inform you that the Core of 
ranging officers who served the last Campaign under the Command of 
Col°- Sam 1 - Herrick have accepted the Encouragement offered by Coun- 
cil for Recruiting three hundred Volunteers within this State in an Ex- 
pedition intended to be made into Canada immediately, which is a bounty 
of Ten dollars to each such Volunteer besides the Encouragement by 
Wages, plunder &c, as Allowed by the Honblethe Continental Congress 
to the Volunteers of the free and Independent States of America, who 
are to act in conjunction with a respectable body of Continental Troops 
ordered by Congress for the said expedition. The men are to continue 
in service until the last day of April next unless sooner discharged. You 
will please to apply to the officers the East side the mountain who served 
in your core last campaign, & in case any Captain shall decline you are 
to appoint some Gentlemen of honor & Courage who did not serve in 
your core, that the Hank of the old Subalterns may be kept intire, as no 
officer of the core is to Rank otherwise than last Campaign, & Capt. 
Sealey will have a different appointment. 

The Council most Earnestly desire you to Exert yourself to the utmost 
of your Abilities to raise the Troops on this important occasion, as it is 
reasonabley expected the Companies on this side the mountain will be 
filled immediately. 

As a Warrent has been sent [by] Ira Allen Esq 1 "-' to Joseph Boyden to 
Serve as a Captain in Col°- Herricks Regiment in Lieu of Capt. Good- 
nough (who declined,) & as it may happen that he may accept & be on 
the business of raising his Company, it will be Necessary that you have 
regard to his appointment in your proceedings. It is expected the offi- 
cers will be Commissioned when their Companies are filled agreeable to 
the Honble Gen. Starks Appointment. 

This Council sends you by Ebenezer Green (who will diliver this Let- 
ter) Five hundred & Twenty dollars which you are to divide equally be- 
tween the three Captains on the east side of the mountain for the purpose 
of Recruiting their Corny 8 - 

I am &c, pr order, Thomas Chittenden, Pres H - 

Major Wait. 

State of Vermont. In Council, Bennington 17 th Feb?- 1778. 

Dear Sir, — The absolute Necessity of raising the three hundred Troops 
ordered by this Council with the utmost dispatch renders it of impor- 
tance to Continue the junction of the several officers who served as 
Rangers within this State Last Campaign. They have accepted the En- 
couragement offered by Council for Raising the men, & that business is 
now going forward with alacrity. As only six companies are to be raised 
in 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 d wish you to proceed as fast as 
possible to Compleat your Company for the Intended Expedition, & the 
Encouragements for raising them with the bounty to the men according 



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

to your Instructions will be punctually paid you ; should you not 
be joined to some Regiment to your Satisfaction to do duty with 
them lor 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 Company — 

I am D r - Sir your most Obedient Hum b,e Serv 1 - 

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 s - Chittenden, Pre 11 - 

Attest, Joseph Fay, Sec-v- 

(19.) 
Stephen Herrick 8 Permitted to Transport about Ten bushels wheat out 
of this State to Lansborough. 

By order of Council, Tho 8 - Chittenden, Pre 1 - 

To whom it Concerns. 

In Council, Bennington 21* Feby 1778. 
Resolved that M r - Nathan Clark & M 1 '- Timothy Brownson be & they 
are hereby appointed a Committee to settle with M r - W m - Fitch Commis- 
sioner of Sequestration. 

By order of Council, Tho s - Chittenden, Pr H - 

(28*) 

Dilivered M r - Gideon Olin a Commission of Sequestration. 

By order of Council, Tho s - Chittenden, Pres H - 

Attested by Joseph Fay, Sec'v- 



Bennington, 24 Feby 1778. \ 

State of Vermont. In Council, date above. J" 
Sir, — Your favour of yesterday's date p r M 1 ' 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 I> 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 ble Servant, 

Joseph Fay, Sec'v- 
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 

[Feb.] (25.) 
Si r-> — Whereas this Council is informed that the Intended Expedition 
to Canada is dropt, or Like to Fall through, you are hereby requested to 
desist raising any more soldiers for the above purpose on the Encourage- 
ment of a bounty of Ten dollars heretofore Granted by Council, until 
further orders. 

By order of Council, Tho«- Chittenden, Pres H - 

To Capt. Isaac Clark, 1 & L u Bradley. 

State of Vermont. In Council, Bennington 25 Feb>- 1778. 

Sir, — We have had Verbel information that the Intended Expedition 
to Canada is Stoped, you are therefore desired to give immeadiate orders 
to the Several officers appointed on the East side the Mountains for that 
purpose to desist from engaging any more men until further orders. 
The men that are already Engaged are wanted to defend the frontiers of 
this State. You will please to inquire wheather those engaged are will- 
ing to Take a Short Tour for that purpose. They will be Entitled to Ten 
Dollars p r - 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 ble Servant, 

By order of Council, Joseph Fay, Sec'v- 

Maj r Benj a - 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 I> 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 Trial may 
be had. I am Sir your Hum ble Serv^ 

Joseph Fay, Setfv- 

U Martin Bowel. 



In Council, Bennington 26 Feb? 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, Tho s - Chittenden, President. 

The above order Written & Entered p r - 

Nathan Clark, Esq r -i Sec'v- P. T. 
Attest, Jos. Fay, Sec'v- 

1 Gen. Isaac Clark, of Castleton, son of Hon. Nathan Clark, who 
was a member of the Council. Isaac was one of the rescuers of Remem- 
ber Baker, also one of the scouts sent out just before the battle of Ben- 
nington. He was in that battle ; was designated as one of the captains 
to serve in Gen. Stark's intended expedition in the winter of 1778, and 
on the failure of that was assigned, with Capt. Ebenezer Allen, to 
guard the Northern frontier. For further facts see ante, pp. 121, 122. 



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

Bennington 28 Feb?- 1778. 
(To the commanding officer at Albany:) 

Sir, — I am directed by Council to Inclose a Letter from the Inhabit- 
ants of our Frontiers by which you will have opportunity to Observe 
their Complaints which I Judge are not Groundless. Those Inhabitants 
have been for time past supported by a Small Scout of about 24 men In- 
habitants of this State who are in an Unhappy Situation, on ace 1 - of their 
Families and Stocks being left at home and almost destitute of Provis- 
ions for their Families or Fodder for their Cattle, occasioned by the 
Ravages of the Enemy Last Campaign, which has been so Universally 
the Case of the Inhabitants of this State, that it has put it out of our 
power to furnish a public Store of Provisions; I therefore desire your 
honor (if consistent) to furnish a sufficient Guard to protect the Fron- 
tiers, or give orders that provisions be Supplied out of the Continental 
Stores, for the Subsistance of one hundred men Exclusive of officers to 
be raised within this State for that purpose, — which this Council are of 
opinion will be Sufficient until the opening of the Spring. 

I am Sir, &c. Thomas Chittenden, Preset- 

Bennington 28 Feb>- 1778. 
Gentlemen, — This day M r - [Mrs.] Walker 1 makes application to this 
Council for the use of the farm, the former property of her husband, in 
order to Enable her to support her Family. You will be pleased to 
Take her case into your Consideration, and if no better Method can be 
found by you for the Maintainance of her family it will be advizable to 
Lese her the improvements of said farm not Exceeding one year, her 
procuring a sufficient surety for the maintainance of such family. 
I am Sir Your Hum ble Servant, 

By order of Council, Tho 8 - Chittenden, P f - 

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 1 - Samuel Adams, 
Isaac Brisco, Caleb Henderson, and Philo Hards Families. 

By order of Council, Thomas Chittenden, P h 

M rs - Adams is Permitted to Carry with her viz 1 -Two Feather beds & 
bedding suitable therefor, six Pewter Plates, two Platters, two Basons, one 
quart Pot, one Tea Kittle, Wearing Apparil for herself & Children, one 
Frying Pan, one Candle Stick, knives & torks. Mrs. Brisco is permitted to 
Carry with her two Feather beds & bedding for the Same, five Pewter 
Plates, Do two platters, 2 basons, one T. pot or Tea Kittle, one small 
Brass Kittle, one Brass Skillet, the Bedding to Consist of three Cover- 
lids, one bed-Quilt, four Blankets & Eight Sheets, one Chest her Wearing 
apparil & her Children, & knives & Forks. 2 

By order, Tho s - Chittenden, President. 



1 Probably wife of Daniel Walker of Clarendon, whose property was 
confiscated. He was proscribed by the act of Feb. 26, 1779. 

2 Wives of Samuel Adams and of Isaac Brisco, tories of Arlington, 
whose property was confiscated, and both were proscribed by the act of 
Feb. 26, 1779. 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 227 

Bennington 4 March 1778. 
Gentlemen, — The Bearers, Daniel Kinney and Jonathan Truesdel, have 
this day made application to this Council for (Each) the rent of a Farm 
within this State. They appear to be men that will make useful mem- 
bers of society, will deposit money in the Treasury office of this State 
sufficient at Least for the Rent of such farm or farms as they may agree 
for. This Council therefore desire that if you have any farms now in 
possession that you can dispose of by Virtue of your Commission of Se- 
questration, on the usual Rate of renting them, that you oblidge the 
bearers to the best of your abilities. 

I am Gentlemen, yr. most Obedient Hum ble Servant, 

By order of Council, Jos. Fay, Sec'v- 

Messrs. Fitch & Roberts. 
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 l - Coik. 
By order of Council, Thos. Chittenden, P. 

To whom it may Concern. 

Whereas application has been made to this Council by the Frontier 
Inhabitants of this State near Lake Champlain & Otter Creek, Request- 
ing a suitable number of men to guard them from the Incursions of the 
enemy, on which this Council laid the same before the Commander in 
chief at Albany, Requesting of him a number of Troops for the above 
purpose, or at Least Provisions for one hundred men exclusive of Com- 
missioned officers to be raised by this State, who was pleased to give his 
approbation for Raising s d men, & orders to the Commissary at Ben- 
nington to furnish them with provitions — Therefore Resolved to raise 
two companies Consisting of fitty able-bodied effective men in Each, Ex- 
clusive of Commissioned officers, to be Commanded by one Capt. & two 
L ts - Each, to give one Months pay to them to Enable them to Recruit their 
men & Ten dollars bounty to Each non-commissioned officer & soldier, 
Together with four Pounds p r Month as Wages, to Continue in Service 
Two Months from this date unless sooner discharged. 

By order of Council, Tho s - Chittenden, Pr H - 

Attest, Joseph Fay, Sec'v- 



Bennington 6 March 1778. ) 

State of Vermont. In Council date above. \ 
Gentlemen, — This Council have taken into consideration your request 
of the 15 January Last for their assistants in Compleating the Regiment 
(which you have the honor to Command) to their full number, & being 
fully willing to Grant Such request, have in Consequence Issued their 
orders some time Since to the Several Field officers of Militia within this 
State to make & l eturn 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 d 12 
day, as also your request. You will please to make Return of the Num- 
ber of officers & their Rank, Particularly, & the Number of Non-Com- 
missioned officers and Privates Necessary to Compleat your Regiment, 



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

[that] the same may be Laid before the Assembly & such Recommenda- 
tions by this Council as to effectually answer your request. 
I am Gentlemen your most Ob fc Hum ,)le Servant, 

By order of Council, Tho s - Chittenden, P. 

Col°- Seth Warner & U- Col - Safford. 



State of Vermont. In Council, Bennington 6 th March 177S. 

[Copy.] 
Instructions for Capt. Ebenezer Allen. 

The object of ordering the Troops to be by you raised & Commanded 
is [to] protect the Northern Inhabitants of this State near Lake Cham- 
plain & Otter Creek. You will therefore Proceed & Raise your men 
with all Possible dispatch, & when you have enlisted a sufficient number 
you will March them to N. Haven Fort where you are to Take post. 
You are to keep out proper Scouts toreconoiter the Woods, to Watch the 
Movements of the Enemy, & Report them to this Council or officer Com- 
manding the Troops in the Northern Department as often as you shall 
find from Time to Time, necessary. As there is some few Inhabitants 
north of the Fort, should you Judge them to be disaffected persons to 
the Interest of the United States of America, you will confine him or 
them & secure his or their Estate for the use of this State until Such per- 
son or persons may be tried by a Committee of Safety next adjacent to the 
offender or offenders, and if such Committe shall acquit them or Either of 
them, he or they so acquitted to be restored in their property. You are 
to be particularly cautious that none of the Inhabitants may Suffer by 
their effects being Taken on Suspicion of their being Tories. ' 

By order of Council, Tno s - Chittenden, Pres'*- 

Attest, Joseph Fay, Sec'v- 

State of Vermont. Bennington 9 March 1778. 

/Sir, — You are hereby directed to March the men already enlisted by 
virtue of Commission or Warrant from Lt. Col°- Herrick for the Intended 
Expedition into Canada, & you & the other officers (who have enlisted 
any such Soldier) may be hereby assured that any reasonable 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 & the 
Corps who are to serve under you, but as there is but few of the Council 
(at present) Together they think it advizeable for them to report their 
Opinion in that Matter to the General Assembly & Let you know their 
Resolution thereon Next Week. You will be supplied from time to 
Time with Everything necessary for the Comfort of your Camp that is in 
the Power of this Council to afford you. 

By order of Council, Tno s - Chittendex, Pre" 1 - 

To Capt. Eben r Allen & Commiss d - officers under him. 

Voted in the House of Assembly that in Lieu of D. D. [double daily] 
rations 10 Dollars as bounty. 

Attest, M. Lyon, D. Sec'y- 2 



1 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. 

2 This vote of the General Assembly was added here on the record to 
indicate that notice had been given to Capt Allen and other officers ; of 



Council of Safety— Aug. 15, 1777, to March 12, 1778. 229 

State of Vermont. In Council, Windsor 12 March 1778. 
This Council do recommend to the Several Gentlemen appointed by 
the freemen of the Several Towns within this State to represent them in 
General Assembly, to Assemble at the Town house in this place immedi- 
ately & to form a house of Assembly by choosing a Speaker & Clerk, and 
make Report of your proceedings hereon as soon as may be to this 
Council. By order of Council, Thos. Chittenden, P. 

State of Vermont. In Council, Windsor 12 March 1778. 
To John Benjamin, Gentleman: 

Whereas a number of the Inhabitants of this State are now met To- 
gether in this place, appointed by the freemen of the Several Towns 
within the Same in order to form a house of Assembly; And Whereas 
it is found Necessary that some person be appointed to act in the Capa- 
city of a Sheriff, you are therefore hereby appointed, authorized and im- 
powered in the Capacity of Sheriff during the Session of this present 
Assembly (unless sooner discharged,) and to Subject yourself to such 
rules and orders as you shall from time to Time [receive] from this or a 
future Council of this State, for which this shall be your Sufficient War- 
rant. By order of Council, Tho h - Chittenden, Pr H - 

Attest, Joseph Fay, Sec'v- 

[End of the record of the Council of Safety.] 

course added at a later date, as the action of the General Assembly was 
on the 20th of March following, when a surgeon was also appointed. The 
votes of the Assembly, Friday, March 20, 1778, were as follows : 

Voted, to provide a surgeon for Captains Allen and Clark's companies. 

Voted, that Doct. Jacob Ruback be the surgeon for the purpose afore- 
said. 

Voted, that those men that enlisted under Captains Allen and Clark 
should have ten dollars as a bounty, in lieu of double rations.— See Ms. 
Journal of the General Assembly, March 20, 1778 ; also Slade's State Pa- 
pers, p. 262. 

The fact may as well be stated here that the journals of the three 
sessions of 1778 are in Slade, but those of the sessions of 1779, 1780, 1781, 
1782, and 1783 are in manuscript only, having never been printed. 



RECOED 



OF THE 



Governor and Council 



FOR THE 



STATE OF VERMONT. 



MAKCH 12, 1778, to NOV. 11, 1835. 




2" *i o, Ma,:, 



Jty^*M?*4 



INTRODUCTION 



For a few years the record of the Governor and Council, like that of 
the Council of Safety, was not made in the form of a regular journal, 
but embraced only matters the preservation of which was thought to be 
necessary. In many instances the action of the Council is merely noted, 
with references to the Assembly journal for further information. When- 
ever deemed advisable, the editor has, in notes, quoted from the Assem- 
bly journal in such cases, or briefly stated the essence of the record; 
and has also quoted or briefly stated other matters in the Assembly 
journal touching the Council — otherwise no just conception could be 
obtained of the work and value of that body. 

For a short time the Governor and Council was the Board of War, and 
afterward that Board was constituted largely of Councillors, and there- 
fore it has been deemed advisable to publish the record of the Board of 
War in connection with the Council record. 

Though the Governor, Lieutenant-Governor, and Council formed a 
very important branch of the government for more than fifty-seven 
years, the records of their action have never been printed. The pro- 
ceedings of that body given in this volume have been copied therefore 
from the original manuscript records, as the volumes that may 
succeed it must be. 

For the constitution and powers of the Governor, Lieutenant-Gover- 
nor, and Council, see chapter n of the Constitution, (ante, pp. 95-101,) 
sections I, in, xiv, xvn, xvnr, xix, xx, and xxvu. Powers were oc- 
casionally given to the Governor and Council by special votes of the 
General Assembly, certified copies of which were sent to the Council 
and are entered in its record. 

ORGANIZATION, FROM MABCH 12 UNTIL OCTOBER 9, 1778. 

Thomas Chittenden of Williston, 1 Governor. 
Joseph Marsh of Hartford, Lieutenant-Governor. 2 

1 Gov. Chittenden's residence was then in Arlington, but his home was 
in Williston. 

2 The report of the committee which canvassed the votes was, that no 
election of lieutenant-governor had been made by the people, when Col. 
Marsh was elected by the General Assembly. Afterward fifteen votes 
were brought in for Col. M., which gave him a majority of the votes cast 
by the people. — Assembly Journal, in Slade's State Papers, p. 257. 

17 



234 Governor and Council — Introduction. 

councillors: 
Ira Allen of Colchester, l Benjamin Emmons of Woodstock. 



Jacob Bayley of Newbury, 
Joseph Bowker of Ilutland, 
Timothy Brownson of Sunder 

land, 
Benjamin Carpenter of Guilford 
Jeremiah Clark of Shaftsbury, 



Jonas Fay of Bennington, 
Thomas Moredock 2 of Norwich, 
Peter Olcott of Norwich, 
Paul Spooner of Hartland, 
Moses Robinson of Bennington. 8 

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. 

1 Ira Allen's residence was in Sunderland, but his home was in Col- 
chester. 

2 Thomas Murdock. 

3 Thislistis from Slade's State Papers, with the exception that here 
the name of Moses Robinson is inserted in lieu of John Throop. 
This change is not warranted by any preceding printed list — that is, not 
by Ira Allen's, or Slade's, or Deming's, or the lists copied from either. 
It is not warranted by the list in the official record, as it stands on the 
book : and yet that Moses Robinson was a member of that Council, and 
John Throop was not, are facts abundantly proved by the official record, 
in spite of the erroneous list which has been interpolated into it in re- 
cent times. The introduction to the canvassing committee's report of 
the first Council is all that was entered on the original minutes, and all 
that Secretary Fay ( Joseph) found there when he recorded them in 
the present official record-book in 1788. He left a blank for the names 
of the Councillors, and that blank was never filled unti 1 a comparatively re- 
cent date, when it was filled from Slade's list. This is shown by other 
entries from Slade in the margin, or references to his work, which are in 
the same handwriting as that of the incorrect list. The entry was made 
in good faith, but nevertheless it is wrong. The proofs that Moses Rob- 
inson was a member of the first Council are : 1st, an official letter of the 
Council, dated March 14, 1778, addressed to him, notifying him of his 
election and requiring his attendance ; 2d, the fact that he took the oath 
of office April 24, 1778 — seeming not to have attended the March session ; 
and 3d, his name appears on the only three debenture-rolls of that Coun- 
cil that are recorded, being in April and May 1778. This is incontro- 
vertible evidence. 

. The proof that John Throop was not a Councillor at that time is less 
direct but nevertheless quite satisfactory. March 26, 1778, the General 
Assembly by vote empowered the Council to dispose of tory estates ; and 
under this act and on the same day, the Governor, Deputy-Governor, and 



Governor and Council — Introduction. 235 

BIOGRAPHICAL NOTICES. 

For notices of Messrs. Allen. Bayley, Carpenter, Chittenden, Clark, 
Fay, Lyon, Robinson, and Spooner, see ante, pp. 115-129; and for notice 
of Mr. Bowker, see note, ante, p. 100. 

Col. Joseph Marsh was descended from John Marsh, who came from 
England to Massachusetts in 1633, and removed with Rev. Thomas 



Council constituted themselves arbiters in the premises, and divided the 
body into two courts, as follows : 

Court for Cumberland County. — [Eastern Vermont, at that date.'] 
Lieut. Gov. Marsh, 



1. Jacob Bayley, 

2 Thomas Murdock, 

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 Fay, 

11. Moses Robinson, 

12. Joseph Bowker. 



March 17, 1778, nine days before these courts were created, the whole 
of western Vermont was named "Bennington County." Above, then, 
in courts constituted exclusively of the Governor, Lieut. -Governor, and 
Council, there are the twelve Councillors, and John Throop is not 
among them. He was not Councillor until 1779. 

The fact that the report of the canvassing committee for the first Coun- 
cillors was left blank ought to have put investigators on their guard. Had 
it done so, the conclusive facts here stated, which lie patent on the rec- 
ord, would have excluded error. There doubtless was a reason for leav- 
ing the report blank temporarily. The same committee had reported 
that there had been no election of Deputy-Governor by the people, 
Joseph Marsh lacking eleven votes. Mr. Marsh was then elected by the 
General Assembly ; but, speedily, fifteen more votes for Mr. Marsh were 
"brought in" and he was elected by the people. Thus warned, the com- 



236 Governor and Council — Introduction. 

Hooker to Hartford, Conn., in 1635. John Marsh married Anne, daugh- 
ter of Deputy-Governor John Webster; and after her death he married 
the widow of Richard Lyman, of Northampton, Mass. Joseph Marsh, who 
settled in Lebanon, Conn., in 1697, was grandson of John Marsh; and a 
grandson of Joseph was the father of Vermont's first lieutenant-governor, 
Col. Joseph Marsh of Hartford, 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 Marsh of Woodstock, the late 
professor and president James Marsh of the University of Vermont, the 

mittee may have waited for more votes for Councillors to be "brought 
in," and so did not complete the report. 

The date of the Council's letter to Robinson, notifying him of his 
election, was March 14, 1778, being the third day of the session, which 
shows that the completion of the counting of votes for Councillors 
had been for some reason delayed. It is certain that Mr. Slade was 
too easily misled. He was Secretary of State and had the records in 
his possession. If, therefore, he had printed the Council journals for 
1778 with the Assembly journals which he did put into the State Papers, 
he would inevitably have discovered the error that is now, the edi- 
tor believes, corrected for the first time. Mr. Slade was probably mis- 
led by the list in Ira Allen's History. — See Vt. Hist. Soc. Coll., vol. I, p. 392. 
Allen wrote his history in England, twenty years after the election of 
1778, and wrote it, as he declared, from memory. If Mr. Throop had 
been at first supposed to be elected, though the fact turned out to be oth- 
erwise, Allen's memory would have retained the name ; and with a good 
degree of confidence also, as the facts were that Mr. Robinson did not at- 
tend the first (March) session, but the subsequent ones, and Allen himself 
did not attend the April and May sessions, wmen Robinson did — the de- 
benture-rolls proving both facts. Moreover, Allen's name does not ap- 
pear in the only other session of that first Council — June, 1778 — except 
as having been designated on two committees for work to be done in the 
then future. These appointments probably were made in his absence. 
In any event, the record amply disproves the accuracy of Allen's mem- 
ory. 



Governor and Council — Introduction. 237 

late Dr. Leonard Marsh of Burlington, and the Hon. George P. Marsh 
of Burlington, who yet lives to command, through his great attainments, 
the homage of the best scholars in Europe and America. The descend- 
ants of Col. Marsh, specially those just named, possessed in a remarka- 
ble degree the intellectual qualities ascribed to the colonel by his grand- 
son Roswell Marsh, as hereinafter noticed. 

Col. Marsh settled in Hartford, Vt, in 1772, and soon was engaged 
actively and inlluentially in public affairs. He was then, of course, a resi- 
dent of Cumberland county and under the jurisdiction of New York. He 
was lieutenant-colonel of the upper regiment of that county in August 
1775, colonel in January 1776, and a member of the provincial Congress 
of New York for the sessions commencing in February, May 14, and July 
9, 1776. He was absent during the whole of the February and part of the 
July session. In Feb. 1777 he received an order from Maj.-Gen. Schuyler 
to enlist every fifth man in his regiment for the purpose of reinforcing the 
continental army at Ticoncleroga, 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 inarch one 
half of it at once to Bennington. A family tradition is that he was in 
the battle of Bennington, which Gov. Hall doubts, but adds that he may 
have been subsequently in service on the Hudson. The Hon. lloswell 
Marsh of Steubenville, Ohio, grandson of the lieut.-governor, in whose 
family he lived until he was eighteen, is certain that leading public men 
and members of the family spoke of his having a share at Bennington, 
and of camp life while the regiment guarded the river to prevent Bur- 
goyne's retreat and cut off supplies from Canada. He added that Rev. 
Lyman Potter, (formerly of Norwich, Vt, and afterward a resident of 
Ohio, near Steubenville,) was chaplain of lieut.-gov. Marsh's regiment, 
and was at Bennington [after the battle, most probably,] and in camp at 
Whitehall, Fort Ann, Fort Edward, and Sandy Hill. Gov. Hall is 
undoubtedly correct, since the order dated at Bennington Aug. :3 could 
not possibly reach Col Marsh at Hartford in time for him to get his men 
into the battle at Bennington on the 16th ; but the order confirms the 
remainder of Roswell Marsh's statement. Col. Marsh's regiment, 
(half at least,) having gone into the field under orders, could not leave it 
until a discharge had been granted. 

Col. Marsh was a member of the Windsor Convention of June 4; also 
July 2, and Dec. 24, 1777, being vice president ; and by the July con- 
vention he was appointed chairman of the committee raised to secure 
arms to supply the state. In March 1778 he was elected lieutenant- 
Governor, to which office he was re-elected in 1779 and annually from 
1787 to 1790. In the same month he was designated member and chair- 
man of the court of confiscation for eastern Vermont. He was chair- 
man of a Committee of Safety for a section of Vermont, and apparently 
of New Hampshire also, with head-quarters at Dresden, which was that 
part of the territory of Hanover that was then owned by the corporation 



238 Governor and Council — Introduction. 

of Dartmouth College. He represented Hartford in the General Assembly 
of 1781 and '82. He was one of the first Council of Censors, in 1785. From 
1787 to 1795, nine years, he was chief judge of Windsor county court, his 
last public office. 

Col. Marsh (said Roswell Marsh) went to school but a single month, 
and his advantages from books were limited; but what he read he fully 
mastered and then held it with a tenacious memory. He excelled in 
acquiring knowledge from conversation; and his own was exceedingly 
interesting. His knowledge, however acquired, was utilized by a close 
logical mind. His temper was equable, and children loved him. In 
politics nothing, save remarks disrespectful to President Washington, 
ever disturbed him, for he was of the pure Washingtonian school, and 
trained his children in it. He was an earnest Christian, but free from 
bigotry. In person he was of large stature and well proportioned — 
broad shouldered, large boned, lean, and of great muscular power; in 
weight over two hundred. His dress was of the Washington pattern — 
small clothes and the triangular hat. He was a bold and graceful horse- 
man, kept a chaise, but never used it for himself alone. Col. Marsh 
died February 9, 1811. l — 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 Roswell Marsh appended, from which this sketch of the personal 
traits of Col. Marsh has been drawn; and Drake's Dictionary of Amer- 
ican Biography. 

Col. Timothy Brownson was among the first permanent settlers of 
Sunderland, in 1766, but in 1764 he had been one of the committee appointed 
to settle with the collector of the grantees, superintend the allotments, and 
survey and lay out the roads in that town. He was from New Framing- 
ham, Conn. He was a prominent man in the civil affairs of the State, 
one of the most trusted and confidential advisers of gov. Chittenden, 
a delegate in the Conventions of Jan. 16 and Sept. 25, 1776, and was of 
the twelve advizers appointed to attend the next Convention. He was also 
a member of the Convention which adopted the Constitution, and council- 
lor 1778-'84 and 1787-'94. He was one of the eight persons named by gov. 
Chittenden as having been cognizant of the Haldimand negotiation, and 
a member of the Convention of 1791 which adopted the Constitution of 
the United States. — See Vt. Hist. Mag., vol. I, p. 239; Early History, p. 
458; and Deming's Catalogue, 1778 to 1851. 

1 The dates of his birth and death are given about a year earlier in 
Thompson's Gazetteer, 1824. The dates of birth and marriage above are 
from the official records; and the date of death is from the tomb-stone 
at his grave. 



Governor and Council — Introduction. 239 

For the following biographical notice of Benjamin Emmons, of Wood- 
stock, the editor is indebted to Henry S. Dana, Esq. 

The family to which Benjamin Emmons belonged, lived originally in 
Massachusetts, but soon after the close of the French and Indian war 
eight brothers of the family had settled in the region of Hinsdale and 
Chesterfield, N. H. These brothers were all remarkable for vigorous 
frames, great muscular strength, and active spirits. Several of them had 
seen service in the last war, and had made themselves noted throughout 
all the borders for courage and for deeds of daring. In April, 1772, Ben- 
jamin Emmons left Chesterfield and settled with his family in the town- 
ship of Woodstock. He took at once an active part in organizing the 
new settlement, and at the first town meeting held in May, 1773, he was 
chosen supervisor. The duties of this office, which he filled for two 
years, made him familiar with the civil affairs of Cumberland county and 
with all the political movements of the day, over which his good judg- 
ment and his faculty for business must soon have begun to exercise an 
influence. At the annual town meeting in Woodstock, May 1775, he was 
chosen a member of the Committee of Safety, and he remained on this 
Committee as long as it existed. In August of the same year he was a 
lieutenant, under New York, of the upper regiment of Cumberland 
Count}^, and in June 1776 a member of the County Committee of Safety. 

From the outset Emmons' own political sentiments seem to have been 
clear and pronounced. He was for the independence of the colonies as 
against the mother country, and when in the New Hampshire Grants 
the break with New York was fairly begun, he was for the independence 
of the Grants. Though not enrolled among the members of the Dorset 
Convention, at the adjourned session of this Convention, held in West- 
minster Oct. 30, 1776, he was placed on a committee to canvass Cumber- 
land and Gloucester counties, for the purpose of making the people 
acquainted with the objects of the Convention and of stirring up their 
minds to favor a separation from New York. At the next two sessions of 
this Convention, held the first in Westminster and the second in Wind- 
sor, he was present as delegate from Woodstock. All this active service 
prepared the way for his being returned to the Convention which assem- 
bled at Windsor on the 2d of July, 1777, and framed a constitution for 
the new State of Vermont. 1 The people were not unmindful of his ser- 
vices thus far in securing the independence of Vermont, and at the first 
election held under the constitution elected him one of the twelve coun- 
cilors. Furthermore, when it seemed good to establish a court of con- 
fiscation, soon after the General Assembly met in March, 1778, Emmons 
was appointed one of its members. His sound judgment and well-known 
patriotism were sufficient reasons why he might be made a member of 

1 That Emmons sat in this Convention may be accepted as a fact on 
the express testimony of Dr. Joseph A. Gallup, formerly of Woodstock, 
and of Dr. JJewis Emmons, now living in Hartland. 



240 Governor and Council — Introduction. 

this court, but with some minds it may have added to his fitness for the 
post that he could show in his own town seven thousand acres of land 
to be confiscated, formerly the property of Charles Ward Apthrop of 
New York. 

After serving as councillor several years, Emmons in 1781 was ap- 
pointed assistant judge of "Windsor county court, his commission bear- 
ing date the 16th of April. For some reason he declined the office at 
the October session of the legislature in the same year. From 1779 he 
was elected each year to the council till 1786. In that year he was chosen 
to represent Woodstock in the General Assembly, and it is a good proof 
of the high regard his fellow citizens had for him that he was called to 
serve as their representative eleven years in all, receiving his last election 
1803. Likewise that he was a leading member of the 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 Windsor 
county was incorporated in 1781, with his usual sagacity he planned and 
arranged that as soon as possible Woodstock should become the shire 
town of the county. He accomplished his object finally by the passage 
of an act to that effect the first year he was a member of the House, and 
the opponents of the measure did not submit with good grace to the easy 
manner in which he had overcome them by his superior tactics. 

To conclude, Emmons was chosen in 1791 a member of the conven- 
tion which adopted the constitution of the United States, and one of the 
council of censors for 1799. With his election to the House in 1803 his 
career as a public man ended. He had now nearly reached his fourscore 
years. For a period of thirty years he had devoted his best energies to 
public affairs, and had exercised a large influence over the political move- 
ments in which he had been involved. Nor had he been a less active 
and useful man in the town where he lived, with wisdom and good will 
doing his part in matters of merely local interest. The affairs of the 
school district received his careful attention ; as a justice of the peace 
his judgment and equity made his work abundant and his name famous. 
As money was scarce in those days and neat stock was used largely in 
payment of debts, " Squire Emmons" was the man to whom every body 
went, for years, to fix the price at which stock should be received. 

About the year 1806 several of Mr. Emmons' children had gone west 
and settled beyond the Mississippi at St. Charles. They persuaded him 
to follow them presently, giving glowing descriptions of the beauty and 
fertility of the new world where they were. But he was too old to bear 
transplanting, and died six weeks after reaching the promised land, in 
1811, at about the age of eighty-six years. — See Eecords of Woodstock; 
Eastern Vermont; and Deming's Catalogue. 

Thomas Murdock of Norwich was a member of the Westminster 
Convention of Jan. 15, 1777, and of the Windsor Convention of June 4, 



Governor and Council — Introduction. 241 

1777. Ho was councillor and member of the court of confiscation in 1778 
and until Oct. 1779; and judge of Windsor county court 1782-87. He 
represented Norwich in 1780 and 1782. Graham said that Mr. Murdock, 
being tired with the noise and bustle of public affairs, retired to do- 
mestic enjoyments and the calmer pleasures of private life. He died at 
Norwich in 1803. — See Deming's Catalogue; Graham's Descriptive 
Sketch; Thompson's Gazetteer, 1823. 

Gen. Peter Olcott was another of the eminent men of Norwich, 
active in both the civil and military affairs of the state. In May 1777 
he was appointed by N>w York one of the commissioners to receive the 
property of those who had joined the enemy; and in 1778, under Ver- 
mont, he performed a similar service as one of the court of confiscation 
for eastern Vermont. He was a member of the Windsor Convention, 
June 1777; also of July and December, 1777, which adopted the consti- 
tution. That Gen. Olcott was a delegate with Jacob Burton, for 
Norwich, in the Convention which adopted the constitution in July and 
December, 1777, is stated on the authority of the late Doct. Joseph A. 
Gallup, who was eight years of age at the time, and had his informa- 
tion from his father, William Gallup, who was also a delegate for 
Hartland in the same convention — See Additions and Corrections, post. 
In 1777 he commanded a regiment in Gloucester county, and, like 
Col. Marsh, was summoned to march with half of it in August for the 
relief of Bennington. Failing of course in this, for want of time, he 
was nevertheless employed in other military service in that region. He 
was councillor from the first session until Oct. 1779, again 1781-1790; 
lieutenant-governor 1790- 1 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 Assembly, 
March 13, 1778. On that day he took the oaths of office and commenced 
service as Secretary of the Council. He was son of Thomas Chand- 
ler, senior, who was chief judge of the royal court at Westminster, which 
was captured and overthrown by the whigs immediately after the West- 
minster massacre. Thomas Chandler, Jr., was born [probably at Wood- 
stock, Conn.,] Sept. 23, 1740, (old style,) and came to New Flamstead, 
Vt, (now Chester,) with his father in 1763. In March of that year, at a 
meeting of the proprietors, holden at Worcester Mass., he was appointed 
town clerk, and he held that office until March 1780. July 16, 1766, he 
was appointed (by New York) assistant justice of the inferior court of 
common pleas for Cumberland county, and he held the office until after 
the Westminster massacre. He was a delegate in the Westminster Con- 
vention in Oct. 1776, and Jan. 1777. * He was elected to the first 

1 The records of the Conventions and of the Assembly omit the junior. 
It was Thomas Chandler who was elected Secretary of State, but when he 



242 Governor and Council — Introduction. 

General Assembly, in March 1778, also Oct. 1778-81, and in 1787. He 
was elected clerk of the first General Assembly (while a representative,) 
but abandoned both posts to be Secretary of State. He was speaker of the 
Assembly Oct. 1778-80, resigning in the middle of the session of the 
last year on account of charges affecting his character, for which he 
brought a libel suit and recovered damages. He was judge of the first 
supreme court, elected in Oct. 1778, and of Windsor county court in 1786. 
He was reduced to poverty by sickness in his family, and was constrained 
to ask, by petition, Oct. 15, 1792, for an act of insolvency in his behalf. — 
See Eastern Vermont; Deming's Catalogue; and Legislative Directory. 

came to act at such, he added the junior to his name. It is presumed 
that every reference in the records (except in an act for the relief of 
Thomas Chandler, passed at the October session 1785,) refers to Thomas 
Chandler, Jr. 



RECORD OF THE GOVERNOR AND COUNCIL 

AT THE 

FIRST SESSION WITH THE GENERAL ASSEMBLY, MARCH 1771 



State of Vermont, ) 

Windsor, March 13, 1778. 1 \ 
This day Commences the first Proceedings of Council upon the Estab- 
lishment of the Constitution of the State of Vermunt. 



Sir, — Whereas the Freemen of this State have by their Vote appointed 
you to be one of the members of the IIon ble Council of this State, & 
whereas it is of Necessity that the Several members be Together at this 
present Sessions 2 of General Assembly, you are therefore desired to 
Attend that business immediately. 

By order of the Gov r - & Council, 

Tho s - Chandler, Ju r -< Sec'v- 
The Hon ble Jacob Bayley, Esq r - 



State of Vermont, Windsor 14 March 1778. 
Sir, — You are by the freemen of this State appointed a member of 
Council. You are directed to Attend the business at this place with all 
Convenient dispatch. 

I am your honor's Humble Servant, 

By order of the Gov r - & Council, 
Moses Robinson, Esq r - Tho 8 - Chandler, Ju r - Sec'v- 



1 From the Assembly Journal of March 13 : 

The Governor, Deputy-Governor, Treasurer, and Council were sworn 
to their several offices. — See Constitution, ante, chap. II, sec. ix. 

Doct. Jonas Fay, Capt. Ira Allen and Col°- Peter Olcott appointed by 
the Council to join a Committee of the Assembly to wait on a committee 
from the east side of Connecticut river, [in reference to union with Ver- 
mont.] March 18, the Assembly resolved to lay the proposition of this 
committee before the people of this state for their consideration and 
determination. — [For papers on the first union of New Hampshire towns 
with Vermont, see Appendix G, No. 1.] 

2 That is, the several expected daily sessions of the body. The word 
" session," as descriptive of the entire time the Council, the General 
Assembly, or both bodies jointly, were together, was not then used. 



244 Governor and Council — March, 1778. 

State of Vermont. 
In General Assembly Windsor 14 March 1778. 
In General Assembly of the Representatives of the freemen of the 
State of Vermont, 

Resolved, that His Excellency the Governor, Depy- Governor, & the 
Honorable Council of the State, or such persons as they shall appoint of 
their body, be hereby impowered to draw on the Treasurer General of 
this State for such sums of money as they shall need to Settle with the 
Rangers & others heretofore Raised for the defence & Security of this 
or the United States of America, Agreeable to an act of Convention or 
of Council for said purpose, & all other Just Debts of this State, they 
Rendering an account of the Same to such Auditor or Auditors as shall 
be by this House appointed for that purpose. 

By order of Assembly, 

Nathan Clark, Speaker. 
Test, Benjamin Baldwin, Clerk. 
To His Excellency, Gov r - & Council. 2 



State of Vermont. ) 

In General Assembly Windsor 18 March 1778. l \ 
Upon the petition of John Payne. John Ordway, Comfort Sever & 
their associates, praying to be assured that they shall have the refusal of 
so much of the Lands thereon discribed as shall hereafter be found to 
belong to this State & that they shall be granted to them on Reasonable 
Terms and Incorporated into a distinct & separate Town, as by petition 
on file Bearing date Jany- 1st 1778 may appear, therefore Resolved by 
this Assembly that the above named John Payne, John Ordway, Comfort 
Sever, and their associates, Provided they are forty-six in number, besides 
what is hereafter reserved for Public uses viz. one Right or share for the 

2 From the Assembly Journal: 

March 16. — Voted, to send a request to his excellency the Governor 
and Council, to prepare a Bill or draught of regulating the militia, and a 
mode for the defence of the Frontiers, and means to supply the Treasury 
of this State. 

March 17. — Voted, to accept the Bill presented to the House of Repre- 
sentatives by his Excellency the Governor and Council describing the 
boundaries of the country on the west side of the mountains. — [All 
Western Vermont named kt Bennington County."] 

Voted, that the bill presented to this House by the Governor and 
Council be altered, and, in the place of u New Hampshire," insert the 
west bank of Connecticut river. — [Tims fixing the eastern boundary of 
Vermont on the west bank.] 

Voted, to accept the bill presented to this House by the Governor & 
Council, prescribing the boundaries & the County on the east side of the 
mountains, with the alteration as above. — [Eastern Vermont first called 
"Unity County," which was changed to " Cumberland."] 

1 From the Assembly Journal: 

March 18. — The act for providing, altering, regulating and mending 
highways, with the exceptions presented to this House by the Governor 
and Council, was put to vote, and passed in the negative. 

Voted, that the style of the Governor of this. State be His Excellency 

Voted, to concur with the Governor and Council relative to the time and 
place when and where to adjourn this Assembly whenever they think 
proper to adjourn. 



Governor and Council — March, 1778. 245 

first settled minister, one for the parsonage, one for a School, & four 
hundred a^res, which is Reserved in the southwest Corner of the said 
Town for the use of a College, Be assured, that the rest of the Land above 
referred to shall be granted to them agreeable to the Tennor of their S d 
request at the appraisal of Indifferent men, as Wild Lands, when the 
Circumstances of this State will admit of its being done with propriety ; 
on Condition of one Settler be settled on each private share in two 
years after Granted, the said petitioners advancing the sum of Two 
thousand dollars on Loan in the Loan Office which shall hereafter be 
established in this State, agreeable to the proposals of their agent to this 
Assembly within Two months after such Loan office shall b,e properly 
Erected. 

Passed in House of Representatives, 

Benjamin Baldwin, Clerk. 



Windsor, March 13, [19,] 1778. 1 > 
State of Vermont. In Council, date above. J 
To Captain Thomas Saiuyer. — By Express have the honor of your Wor- 
thy exertions on thursday. While we regret the loss of L l - Barnum 
and your men, Congratulate you on your Signal Victory over such a 
Superiority of numbers. Viewing your dangerous and Remote Situa- 
tion, the difficulty in Reinforcing & supplying you, do therefore direct 
you to Retreat to the Block-house in New Haven. Bring with you all 



x It is not possible that this date could be the 13th at Windsor, the ex- 
treme eastern border of the state, as the fight was on the 12th at Shel- 
burne on the extreme western border. Capt. Sawyer went from Shel- 
burne to Clarendon, some clays' 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 12th of March this party was attacked by a party of 
fifty-seven, Indians apparently, commanded by a British officer. The 
fight was stubborn ; twice the house was set on fire by the enemy, but 
the flames were extinguished, once by Lieut. Barnabas Barnum of Monk- 
ton, who lost his life by the daring act. After fighting two hours, the 
enemy retreated, were pursued, and two of them were captured. The 
Vermonters lost, in additipn to Barnum, Joshua Woodward, (residence 
not known,) and Samuel Daniels of Leicester — three killed. The loss 
of the enemy was at least twelve killed, among whom were a British cap- 
tain and an Indian chief. In 1814 several British officers were captured 



246 Governor and Council — March, 1778. 

the Friendly Inhabitants. You are not to distroy any Buildings, wheat 
or the effects. You will remain at s d 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. Chandlkr, Jur-'tfec'y- 
Voted in General Assembly this should be sent. 
• Benja. Baldwin, Clerk. 

To Capt. Sawyer. 

State of Vermont. ■ In Council, Windsor, March 19, 1778. 1 
To Captains Ebenezer Allen and Isaac Clark: 

Gentlemen, — By Express this moment Rec d the acc ts 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 effects as shall be in your power. You are 
not to burn or destroy any Buildings, or other effects. 

I am Gentlemen your obed ient Hum ble Servant, 

By order of Council, Thos. Chandler, Ju r - Setfv- 
Captains Allen & Clark. 
Voted in the House of Representatives to be sent. 

Benj a Baldwin, Clerk. 

and brought to Burlington, where Ziba Pierson (son of Moses and aged 
seventeen at the date of the fight at Shelburne,) became acquainted with 
one of these, a lieutenant named Larama. This man told Pierson that his 
father was a captain in the British army, and was shot down at Pierson's 
in Shelburne in the revolutionary war. — See histories of Shelburne, Lei- 
cester, and Monkton, in Vt. Hist. Mag., vol. I. 

1 From the Assembly Journal: 

March 19. — Voted, that the Council do take the express (sent from 
Capt. [Thomas] Sawyer in Clarendon) into consideration and report 
thereon to this House. 

Voted, to send the order presented to this House, [in consequence of 
the preceding vote,] by the Governor and Council, 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 fifty pounds 
as a Salary, for the time since he came from home, until the next Session 
of the General Assembly. 

March 21. — A bill being presented to this House, by the Council, rel- 
ative to raising men to fill up 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 and Council — March, 1778. 247 



State of Vermont. Windsor 23 March 17 



Sir, — You are hereby directed to diliver to the bearer M r - Watts Hub- 
bard the Bond made by Zebediah [Zedekiah] Stone Esq r " the bearer 
[Hubbard] & Alexander Parmalee for the Safe keeping in Custody 
Watts Hubbard Ju r - for which this shall be you Sufficient discharge with 
his Rec 1 - on the back. I am Sir your Humble Servant, 

By order of Council, Thomas Chandler, Ju r ' Sec'v- 

Capt. William Dean. 



[State of Vermont. In General Assembly, March 24, 1778.] 2 
Whereas it is Represented to this Assembly that there are certain 
Parcels of Land divided into Lotts Lying in the Township of Hertford 
formerly the Property of White Head Hicks, 3 and others now gone over 
to the Enemy & Consequently forfeited to the United States of Amer- 
ica; & Whereas the Hon ble Continental Congress have Recommended 
to the Several States to make Immediate Sale of such Lands; And 
Whereas M r - William Gallup 4 of s d Town has made application to this 

1 From the Assembly Journal: 

A bill was presented to this House by the Council, relative to their 
paying the surgeons for dressing the wounds of the soldiers of this state, 
that was wounded in the Bennington Action — being read and debated, 
was put to vote, and passed in the affirmative. 

2 From the Assembly Journal: 

Voted to accept of the bill presented to this House by the Council, 
relative [to] giving Capt. Gallup liberty to dispose of some tory land, on 
certain conditions therein mentioned. 

Voted to submit the drawing the lines of defence, in the northern de- 
partment, unto the Governor and Council. 

Voted that his honor, the deputy-Governor, have the same wages pr. 
day, as a Councillor. 

The constitution expressly gave to the lieutenant-governor the right 
only of filling the executive office in the absence of the governor, , or 
when there was no governor; but the intention doubtless accorded 
with the interpretation which was given from the beginning, that the 
lieutenant-governor was to all intents and purposes a councillor when 
he was not filling the executive chair. 

3 Whitehead Hicks was mayor of N". Y. city, and one of a large num- 
ber to whom Gov. Dunmore had granted fifty thousand acres of land 
near Otter Creek, in violation of the orders of the king in council. Five 
days after Dunmore went out of office, Hicks and his associates trans- 
ferred their shares in this land to Dunmore himself, thus stamping the 
grant as a fraud. — Early History, pp. 100-102. 

4 William Gallup of Hartland was a delegate in the Convention at 
Windsor, June 4, 1777, as appears from the printed record. His son, 
Doct. Joseph A. Gallup, in a memoir dated August 14, 1846, states that 
his " father, William Gallup, was one of the seventy-one delegates, mem- 
bers of the Convention that met at Dorset and Westminster and Wind- 
sor in 1776, 1777, and declared Vermont a free and independent State. 



248 G-overnor and Council — March, 1778. 

body for Liberty to Dispose of the same to Good Inhabitants — Therefore 
Resolved that M r - William Gallup may agreeable to his request (on put- 
ting one thousand Dollars into the Loan office of this State for the 
Terme of one year, said money to be Considered as Lent to the State, 
& by no meanes any payment for said Land, but that said persons 
so purchasing may at the Expiration of one year have so much of said 
Lands at the appraisal of men, as Lands are now disposed of, in which 
case the Interest of s d 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 
hereatter appear that said land ought not to be disposed of as aforesaid, 
that the person or persons so purchasing shall Receive their money again 
of the Treasury of this State with interest for the Same at Six p r Cent 
p r Annum. 

Passed in the House of Assembly, March 24, 1778. 

Benjamin Baldwin, Clerk. 



State of Vermont. Windsor 25 March 1778. * 
In Council, date above. 
Watts Hubbard Ju r - 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 r - 
shall appear before the Special [court] of the half Shire of Westminster 
when Summoned thereto, & not Depart there without Leave, then this 
present Obligation to be void otherwise to remain in full force and 
Virtue. 

State of Vermont, Windsor March 25, 1778. ? 
In the House of Representatives. $ 
Resolved that Each Councillor have three Dollars and a half for Each 
Day that they Spend in the Service of this State Together with 4 d p r 
Mile Travelling, to be laid before his Excellency in Council. 

Test, Benjamin Baldwin, Clerk. 



Windsor 26 March 1778. ? 
State of Vermont. 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 impowered the Governor & Council to Determine the Same, there- 

Al though only of the age of eight years, I well remember the time of 
these transactions and the great solicitude and excitement that prevailed 
and seemed to pervade the minds of all classes of society. He died Au- 
gust 13, 1803, aged 69 years. He had been a delegate of the Convention 
which met at Windsor to frame a constitution for the State of Vermont; 
was also for many years a member of the General Assembly." For this 
extract the editor is indebted to Henry S. Dana, Esq., of Woodstock. 

1 From the Assembly Journal : 

Voted, to allow the Secretary of this State three times as much fees, for 
all business that he does, or may perform, except for memorials or peti- 



Governor and Council — March, 1778. 249 

fore Resolved, that his honor the L*- Governor with Gen L Jacob Bayley, 
Major Thomas Murdock, Col°- Peter Olcott, Benjamin Emmons Esq r -» 
Paul Spooner Esq 1- -* Col°- Benjamin Carpenter, (any four of whom to be 
a quorum) be & are hereby appointed a Court & Impowered to Confis- 
cate and order Sale to be made of all such Lands & Estates, as shall by 
Sufficient Evidence appear to be forfeited, within the County of Cumber- 
land, and order the produce of the Same into the Treasury of this State. 
They are Also impowered to appoint Commissioners to Adjust and Settle 
the accounts of the creditors to said Estates, and order payment for the 
Same, and Also to settle the accounts of the Soldiers & others in the 
service of this State the Last Campaign, & give orders to the Treasurer 
or his Clerk for the payment thereof. 

By order of Governor & Council, 

Thomas Chandler, Ju r -» Sec'v- 
This Council do appoint Capt. Sam 1 - Robinson & M 1 "- Thomas Rowley 
to be CDunty Surveyors for the County of Bennington. 
By order of Gov r - & Council, 

Thos. Chandler, Ju. t -> Sec'v- 



To Benjamin Fay, Esq r - 

This Council Reposing Special trust and Confidence in your Loyalty & 
Good Conduct do hereby appoint you to be Sheriff' within & for the Coun- 
ty of Bennington, you are therefore duly & faithfully from time to Time, 
to do & perform, the duty of Sheriff within said County and you are here- 
by impowered to Depute one sufficient person to Serve under you until 
another shall be duly choosen & sworn in your Room, for which this shall 
be your Sufficient Warrent. 

Given in the Council Chamber, date above, 

Thos. Chandler, Ju r -i Sec'v- 

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 rs - 
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 G-overnor and Council — April 7-11, 1778. 

Windsor 26 March 1778. » } 
State of Vermont. In Council, date above. \ 

Voted, that the TIon ble Joseph Marsh Esq r - & the Hon ble Jonas Fay 
Esq r - be Delegates to Wait on the Hon ble Continental Congress, to an- 
nounce to that Hon 1,le body the formation of this State. Likewise voted 
to invite Col°- Elisha Payne, to accompany the above persons for the 
purposes Above Written. 

Voted to adjourn this Council from this place to meet at Arlington on 
Tuesday the Seventh day of April next to meet at the Dwelling house of 
Elnathan Murwin in said Arlington. 

[The End of the Session Held at Windsor March 1778.] 



RECORD OF THE GOVERNOR AND COUNCIL 

AT THE 

ADJOURNED SESSION ARLINGTON, APRIL 7-11, 1778. 2 



State of Vermont, Arlington 9 April 1778. 
Sir, — Mr. [Thomas] Bray ton informs this Council that you have a side 
Saddle in your Custody which is his property. He says that he has pro- 
cured sufficient Bonds to the Committee for the Maintenance of his 
family by which he is Intitled to Such of his Moveables as have not been 
Taken & disposed of by the Authority of this State previous to his pro- 
curing such Bonds. Therefore you are required to Diliver the Saddle 

Passed the bill impowering the Council to dispose of tory estates, and 
put the money into the Treasuiy of this State. 

Voted that his Excellency the Governor and Council be impowered to 
chuse a Committee out of their own body to prepare matters to be laid 
before this House, at their next session. 

[The House adjourned to the first Thursday of June ; but the Council 
for a special session in April.] 
x From 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 r - Marsh, be 
postponed until the next session. 

Mr. Marsh was one of the committee appointed by the House on the 
first day of the session to count the votes for state officers and council- 
lors. This fact indicates that he was the representative for Hartford. 
Deming leaves that town unrepresented at that session. 

2 The adjournment was to April 7, but no entry appears until the 9th. 
No quorum probably ; in fact the debenture account for this session shows 
only five councillors present. 



Governor and Council — April 7-11, 1778. 251 

to Mr. Brayton on Sight hereof, unless you have Sufficient Evidence that 
any part of his goods are reserved By the Committees of Safety for the 
Town of Clarindon. 

By order of Gov r -*& Council, 

Matthew Lyon, Ass 1 - Sec'v- 
To Mr. Sylvanus Brown. 



State of Vermont. In Council, Arlington 10 th Ap l - 1778. 
Seth Whealer appeared before this Council to Answer to a Complaint 
of Capt. John Fassett, & confessed the Substance of the Complaint, & 
after Mature Deliberation do judge that he shall pay a fine of Ten pounds 
and Cost of Prosecution Taxed at £ 7 19 10. 

Attest, M. Lyon, D. Sec'v- 

State of Vermont. In Council, Arlington 10 Ap 1 - 1778. 
Sir, — You are hereby required to Call to your assistants two suffici- 
ent able bodied effective men, and such as you can repose the Greatest 
Trust & Confidence in, & with them immeadiately to proceed to the Green 
Mountain East of this place & from thence you are to proceed to the 
North, & to Search the Woods Critically & diligently, & in case you or 
Either of your party shall make discovery of any person or persons 
who have voluntarily heretofore gone over to the Enemy, & are 
now within this State as Spies, or otherwise, that you secure any such 
person or persons, & him or them bring forthwith before this Board to 
be further Dealt with according to Law. And you are hereby authorized 
<&, impowered to Call to your assistance such of the Militia of this State 
as you may from time to Time find Necessary to Carry this Measure in- 
to effectual Execution, & if at any Time you should rind Necessary you 
are to Immediately post away the Intelligence of your Situation and the 
discoveries you have made to the Gov r - 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'y- 



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 Gov r - & Council, M. Lyon, D. Sec'v- 

Capt. Sam 1 - Robinson. 

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 r - Leonard's in this Town. 

By order of Gov 1 "- & Council, M. Lyon, D. Sec'v- 

State of Vermont, Arlington, 11 April 1778. 
The Debenture of Council. 
Hon^e Joseph Bowker, Esq r - £6 

Hon ble Jonas Fay, Esq r - 3 9 



252 Governor and Council — April 20 to May 1, 1778. 

Hon ble Moses Robinson, Esqr- £3 9 

Honwe Jeremiah Clark, Esq r - 5 8 8 

HonMe Timothy Brownson, 10 6 

Matthew Lyon 4 days. 

Attest, Matthew Lyon, D. Setfv- 



RECORD OF THE GOVERNOR AND COUNCIL 

AT THE 

ADJOURNED SESSION AT ARLINGTON, APRIL 20 TO MAY 1, 1778. 1 



State of Vermont. In Council, Arlington, 22 d Ap 1 - 1778. 

We hav Rec d a petition from the Inhabitants of the Towns on Otter 
Creek North of Pittsford dated April 13 1778; and having Considered 
the Petition & their present Circumstances do advize said Inhabitants 
that as Soon as they can Come within our Lines, they improve the op- 
portunity. It does not at present appear to this Council, that we can 
Guard further North than Pittsford & Castleton. Therefore you will 
Conduct your selves accordingly. We shall give orders to the officer 
now Commanding our party to the North, & shall Continue such orders 
to any officer Commanding by Commission under this State, to Give all 
possible assistants to you in moving until to [you] have had an opportu- 
nity to come in, which if you do not improve you may expect to be 
Treatted as enemies. 

By order of Gov. & Council, M. Lyon, D. Sec'v- 

To the Inhabitants to the North 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'v- 

State of Vermont. In Council, Arlington April 22 d - 1778. 
Dear Sir, —In consequeuce of intelligence Rec d at several different 
times from the Northward, I have ordered the Militia (who are now on 
their March) to your assistance. I have sent the Medicine & Dressings 
for the use of the Corps under your Command, Bandages are not to be 
had, you will therefore (if Necessity requires) Take such as can be Spared 
by the Inhabitants taking a particular account of the Quantity & Its 
Value that it may be paid for. I send you also one hundred of Cartridges, 
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) 



No entry made of proceedings until April 22. 



Governor and Council — April 20 to May 1, 1778. 253 

to protect the Inhabitants against the fury and Rage of Savages & Dia- 
bolical Tories until Seasonably Relieved. I heartily wish you Success. 
And am D r Sir your very Hum hle Servant. 

Thomas Chittenden. 
Gapt. Eben r Allen. 

Copy Attest, M. Lyon, D. Sec'v- 



State of Vekmont. In Council, Arlington 22 (1 « Ap l 1778. 
Such People to the Northward as have Wheat or flour, which they 
Want to Change for Flour at Bennington, should Diliver the Same to 
M r - Elisha Clark X. D. Commissary for the Party at Pittsford Rutland 
&c, taking his Rec* therefor, specifying the quantity and Certifying 
that it was Borrowed for the use of the Army, & his order thereon" to 
the Commissary of Issues at Bennington dessiring to Diliver to such per- 
sons the Same Quantity as he has Rec d of them. 

By order of Gov 1 " & Council, 

M. Lyon, D. Sec'y- 
To whom it may Concern. 



State of Vermont, Arlington April 23 d ' 1778. 
Adjutant Joseph Pay Appeared before this Council & took the neces- 
sary oath of office and Rec d his Commission. 

Attest, M. Lyon, D Sec'v- 

23 d - 
Colonel Herrick is ordered to direct L*- Col°- Walbridge to Lead the 
2 d Company in Bennington to a Choice of Captain. 

Attest, M. Lyon, D. Secy- 

State of Vermont, Arlington 23 April 1778. 
Capt. Ebenezer Wallace 1 Brought an account for Service done accord- 
ing to orders he Rec d from this Council of the 10 th of March [April] Is 1 - to 
the am 1 of £ 15 15 which is Granted & the Treasurer ordered to pay 
the Same. Attest, M. Lyon, D. Sec'v- 



State of Vermont. In Council, Arlington 24 April 1778. 
Whereas it has been Represented to this Council by Austin Sealey, 
that you have Taken from him a Cow & Calf which is Either the pro- 
perty of this State or his Son, this is therefore to request and order you 
to diliver the Cow & Calf to s d Sealey, or to appear before this Council 
to give the Reasons why you withhold s d Cow & Calf, forthwith. 
By order of Gov 1 ' & Council, 

Matthew Lyon, D. Sec'y- 
To Abraham Mattisson, Pownal. 

24 
The Hon ble Moses Robinson Esq r -> took the Oath of Alegiance & office 
& signed the Religious Test. 

24 
The Express sent to the L*- Governor is Consigned to the Care of Capt. 
Sawyer, Clarindon. [The express referred to seems to have been to bear 



1 Capt. Ebenezer Wallace of Arlington was one of the Arlington 
party charged in New York with rescuing Remember Baker from John 
Munro. His name appeared later with the title of Colonel. 



254 Governor and Council — April 20 to May 1, 1778. 

the letter ordered by the following resolution, which appears next on the 
record. The letter itself was recorded erroneously as of 24 th May, 
instead of April, as the date of the memorandum as to the express 
above shows.] Attest, M. Lyon, D. Sec^- 

Resolved that his Excellency the Governor write to [Lieut] Gov. 
Marsh to acquaint him that it is the Resolution of this Council that the 
whole of the Troops that were to be raised to fill Col°- Warner's Regi- 
ment to March forthwith to Rutland, which is the Resolution of this 
Council, & Governor Marsh is to be requested & ordered to order the 
officers commanding the Said Troops to March them to be raised in Cum- 
berland County to Rutland, and the Governor is to order the Command- 
ing officer of the Two Regiments in this [Bennington] County to order 
their men Immeadiately to March. Attest, M. Lyon, D. Sec'v- 

Arlington, 24 May [April] 1778. 

Sir, — In consequence of orders from the Hon ble Major General Gates, 
the Continental Battalions at Albany are Marched to Peekskill s and 
Colonel Warners Regiment to Albany. Your honor is no Doubt sensi- 
ble the Term for which the Corps under Capt. Allen's Command were 
engaged expires the 2 day of May next, after which Term they cannot 
be prevailed upon to remain. When these several circumstances come 
to be duly Weighed, and considering at the same time, that several of 
the Enemies Armed "Vessels are now at and about Crownpoint and Ty- 
conderoga, which has already occasioned an alarm through the whole 
Militia of this state, that some effectual measure be immediately adopted 
for the Protection of Its frontiers; I have by the advice of my Council 
wrote the Commanding officer of the Northern Department, Requesting 
the assistance of Col°- Warners Regiment, or some other Continental 
Regiment for that Service. I have Rec d accounts from Major Gen 1 - Con- 
way at Albany that it is not intended to remove Col°- Warners Regi- 
ment out of this State except for some tempery [temporary] service, but 
since it is out of my power to Determine the Length of a pice of Tem- 
pery service, am therefore of opinion with this Council that it is abso- 
lutely necessary that the Troops ordered by the General Assembly to be 
raised within this State & added to Colonel Warner's Regiment for seven 
Months Service to be forthwith ordered to be filled up and Marched 
without the Least delay to Rutland for the purpose aforesaid. You are 
therefore hereby desired and Commanded to cause the number of Troops 
ordered to be raised in the County of Cumberland for the purpose afore- 
said to be immeadiately filled up (if not already Compleated) & order 
their officers to March them by the Shortest & most Convenient Route 
to Rutland aforesaid where they will join those Troops ordered in the 
County of Bennington, where they will Receive further orders from me. 
As I flatter myself the Troops are nearly or quite compleated I make 
not the least Dout but they will be on their March by the l 4 day of May 
next with Provisions sufficient for their March to that place where they 
will be duly Mustered and Receive Provisions and ammunition. Shoukl 
the Companies be [not] already Compleated, you will forward those al- 
ready raised with proper officers, and hurry the Compleation of the Num- 
ber ordered. You will Let me know the Time the Troops will arriv at 
Rutland that Provisions may be ready for their reception. The papers 
directed to the Commanding officer of the County of Glouster, as for- 
warded to you, your Wisdom will direct their use. 

I am Hon ble Sir your most Ob*- Hum ble Servant, 

Thomas Chittenden, Cap 1 - Gen 1 - 

To Lieut. Gov. Joseph Marsh. 



Governor and Council — April 20 to May 1, 1778. 255 

State of Vermont. In Council, Arlington 24 Apr 1 - 1778. 

Sir, — Whereas Col°- Warners Regiment is ordered to Albany for the 
Present, <fe whereas there is Absolute Necessity of a number of men to 
be immeadiately sent to Guard the Frontier Inhabitants of this State in 
as much as the Time for which Capt. Allen & Capt. Clarks men were 
Engaged Expires the Second day of May next, after which Time they 
cannot be prevailed with to remain there Longer, therefore you are 
hereby directed & ordered to immeadiately Raise fifty-seven able bodied 
men which were ordered to be raised in the 2 (1 Regiment by the Gene- 
ral Assembly of this State which you now have the honor to Command, 
& cause them to be properly officered by some of the Militia officers of 
your Regiment & every way equiped for a Campaign & order them to 
March to Rutland as quick as possible where they will be joined by the 
other Troops ordered to be raised by this State, the said Militia officers 
to Continue in Service until the Rising of the Adjourned Sessions of 
Assembly, (which sits the 4 day of June next) unless sooner discharged. 
By order of Gov r - & Council, M. Lyon, D. Secy- 

To Col - Samuel Herrick. 

Orders of the same Tennor & Date (of the above) Issued to the Col°- 
of the 5 Regiment of Militia except 60 men in Lieu of 57. 

Attest, M. Lyon, D. Sec h J- 

State of Vermont. In Council, Arlington 24 tl1 Ap 1 - 1778. 

Sir, — You are hereby commanded to March the Troops under your 
Command to the assistance of Capt. Ebenezer Allen, in the Northern 
Frontiers of this State, where you will continue for the Protection 
thereof, and to assist in Removing such families within the Lines of De- 
fence as you find in your Power, having always Reference to the neces- 
sitous circumstances of such families who are unable to help themselves; 
in doing of which you are to be particularly cautious that the effects of 
such Families be kept as Compact, & with as much Safety as possible. 
You will Continue in Service twelve days from the 22 d of this Instant, 
or more if you find it Necessary unless you shall Receive Counter orders 
from this "Board. Those who give their assistants in Removing the 
Families will be Supplied with provisions by such Families until Pro- 
visions arives for those Troops (as well as for the Corps under Capt. 
Aliens Command) which is now on the way. 

By order of Gov r - & Council, M. Lyon. D. Sec'v- 

To Capt. N. Smith. 



State of Vermont. In Council. Arlington, Api- 25 1778. 

The Debenture of Council. 

Hon ble Joseph Bowker £4 19 

do Thim°- Brownson 5 5 

do Moses Robinson 5 10 

do Jonas Fay 6 11 

do Jeremiah Clark, 3 7 
M. Lyon D. Sec'J- 5 days. 

M. Lyon, D. Sec'v- 

Arlington, 25 April 1778. > 
State of Vermont. In Council date above. J" 
Peter Roberts Commissioner of Sequestration is desired to Allow 
Ephraim Mallery to Live one Month in the house formerly his property. 



256 Governor and Council — April 20 to May 1, 1778. 

Arlington, April 27 th 1778. 

Dear Sir, — Yours of yesterday's date is now on the Table, in which 
you inform of the Rec*- of the order sent you from this Council, in which 
you talk of difficulty and impossibilities. I am very sorry to hear that 
any thing Resolved on by the General Assembly of the Representatives 
of the freemen of this State, should be thought by you difficult and Im- 
possible. As to the time of Service mentioned in your Letter, I cannot 
Determine which you mean, officers or soldiers. That is Clearly set 
forth in your orders. If you mean soldiers, that is Seven months from 
the fifth day of May next. Their wages is to be four pounds for a Sol- 
dier and in proportion for non Commissioned officers. What the Conti- 
nent does not allow, this State will to that amount. It is the orders of 
the Assembly that those men be raised, each Town giving their own 
quoto what shall be by them thought to be an equivolent for their ser- 
vice, For an incouragement. The Assembly have made the Resolve 
Concerning those men, & it is not in the power of this Council to alter 
it Materially, as you know ours is the Executive part, theirs the Legis- 
lative. I cannot say but they may alter their plan at their next Session. 
I expected the Honorable Jonas Fay & Moses Robinson would have in- 
formed you sufficiently on that head. While this letter was writing 
Rec d 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 d from Council. As to the officer or offi- 
cers to Command the Whole, it is not known. These are not appointed, 
but will be Seasonably. I am, &c. 

Thomas Chittenden. 

To . 



[April] 28. 
M r - Joseph Smith is to Sell the wheat that he has seized formerly the 
property of Joseph Lewis, now stored at widow Potters & pay M r - 
Sprague two pounds five shillings & six pence L. Money, & as much to 
himself & the remainder to send by a Safe hand to the Treasurer of 
this State as soon as may be, the money to be paid to M r - Sprague & 
M r - Smith is for Travel to Bennington & Giving Evidence against 
s d Lewis. By order of Governor & Council, M. Lyon, D. Setfv* 

[April] 28. 
Capt. Ebenezer Wallis, L l - Thomas Butterfield & Ensign James Haw- 
ley have Taken their Commissions & the oath of Fidelity and office. 
Attest, M. Lyon, D. See*- 



State of Vermont, Arlington 29 April, 1778. } 
In Council date above. \ 
Sir, — Your Letter of the 3 d ' Instant was Deliv d me the 4 th - I have 
remarked the Contents & thought proper to omit an answer until I could 
obtain further intelligence from the Commander in chief of the Northern 
department of the necessity of urging the immeadiate raising the quoto 
of men ordered by the General Assembly of this State for Recruiting 
Colo. Warners Regiment. I have now before [me] General Gates Let- 
ter of the 18 instant earnestly requesting me to Draft three hundred men 
to Recruit Col - Warner's Regiment, & that nothing might retard their 



G-overnor and Council — April 20 to May 1, 1778. 257 

immeadiate joining him when they would receive General Starks orders 
who Commands in this department under the Direction of General 
Gates. I immagine [this] was in consequence of inteligence he had pri- 
vately rec d - of the order of the General Assembly to raise the Same 
three hundred men for the Same purpose. The quoto assigned for that 
purpose in this County are Compleated and have been Some time in Ser- 
vice at Eutland under the Command of Captain Brownson with part of 
Col - Warners Regiment. 

Col°- Olcott writes that should he attempt to Draught the number 
ordered from his Regiment, they would Engage with Col. Beedel. 1 I 
however flatter myself that Col. Olcott must be sensible that whenever 
such men are thus drafted, they are held by virtue of such draft &, that 
Col°- Beedel cannot be Ignorant that he has no Right to Countenance 
such a measure. I have wrote General Stark on the Subject of raising 
the men agreeable to General Gates request who much approves the 
measure, & earnestly urges an immeadiate compliance. The absolute 
necessity of this reasonable request, & the honor that will of Course 
acrue to this State, oblidges me to renew my directions to you to forward 
what Troops you have already engaged to Rutland without the least de- 
lay & to forward the compleating the quoto as soon as may be. 

I have wrote General Stark the number now in Service, & the En- 
couragement you wrote me of furnishing a Considerable number more 
soon — who has Communicated it to General Gates. I am Satisfied by 
repeated marks of friendship & the Inteligence rec d by Col°- Allen (who 
is now present,) that no ill is likely to happen to this State by authority 
of Congress. 

I hope to have the Happiness of Your Company next week with the 
other Gentlemen of the Council,' & I am Sir, 

Your mos Ob*- Hum ble Servant, Tho s - Chittenden. 

M. Gen 1 Marsh. 1 

Attest, M. Lyon, D. Sec h J- 



Arlington 1* May 1778. 

The Debenture of Council. 

Hon 01 " Joseph Bowker, Esq r - 
H(in ole Tim - Brownson, Esq r - 
Hon ble Jeremiah Clark, Esq 1 '- 

M. Lyon D Sec'J- 5 days. 



:4 4 





3 13 


6 


5 9 






1 Col. Timothy Bedel of New Hampshire. 

1 The editor is not aware of any legal authority for giving the title of 
major-general to Mr. Marsh. He is styled colonel in the record, in the 
journal of the House, of his election as deputy-governor. The gover- 
nor was by virtue of the constitution ''commander-in-chief," and it is 
surmised that governor Chittenden imagined his lieutenant in the exec- 
utive office should have the military title of major-general. 



258 Governor and Council — May 22-3, 1778. 

RECORD OF THE GOVERNOR AND COUNCIL 

AT THE 

ADJOURNED SESSION AT ARLINGTON, MAY 22-3, 1778. 



Arlington 22^ May, 1778. 

Dear Sir, — In consequence of a Letter rec d last Evening from Major 
General Gates dated Fishkil the 18 Instant, requesting me to draft three 
hundred men to recruit Col° Warners Regiment, I have called my Coun- 
cil Together this morning for their advice in the matter. The General 
Assembly of this State at their Sitting in March last, ordered 300 men 
exclusive of officers to be raised for seven months service to join Col" 
Warner's Regim* the l l Instant. The quoto assigned the west side the 
mountain, being one hundred & fifteen, are compleated and now act- 
ing in Conjunction with 40 men of 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 which he has raised three hundred and ninety 
nine men, a very considerable part in this State as appears by his par- 
ticular return to me of the 14 Ins* which has retarded the raising the 
quoto on the east side. He writes viz 1 - u We are ready on the shortest 
notice to assist you against any force that may come from the Lake 
against you, as some of my scouts have discovered parties on the Lake & 
in the Woods." Should Major General Gates mean to have the Troops 
already raised Marched to Albany, the Inhabitants on the Northern 
Frontiers cannot be prevailed upon to remain in their Inhabitations, 
which must not only create much cost & uneasiness to them but prevent 
their raising a Considerable quantity of Provision for their own & the 
public s use. Would beg your honors opinion in the premises, 
'& I am D r - Sir your honor's most 

Obedient Hum ble 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 Vkrmont. In Council, Arlington 22 May 1778. 
Sir, — David Bradley in Behalf of the Inhabitants of N. Haven & 
Ferrisburgh, applies to this Council for liberty for those Inhabitants to 
remain in their possessions at present ashy reason of the Situation of 
some of the Women it is impracticable for them to remove. You will please 
to Allow such Indulgence to such persons as you shall from time to time 
find their necessities require. I need not caution you against the 
Henious crime of soldie'-s Plundering the Inhabitants. 
I am with regard your Hum ble Serv*' 

Thomas Chittenden. 
Capt. Gideon Brownson. 

State of Vermont. In Council, Arlington 22 d May 1778. 

Dear General. — I am informed by the bearer hereof Capt. Putnam (who 
acts in the Capacity of quarter-master) that there is no Supplies of money 
in his hands to enable him to forward provisions to the Troops in the 



Governor and Council — May 28, 1778. 



259 



Northern frontiers ; and as it is of Necessity that such provisions be con- 
veyed to the Troops, I therefore beg your honors assistants in furnishing 
money for that purpose. 

I am Dear General your most Ob fc Hum bl,) Serv^ 

Thomas Chtttenden. 
Brigadier Gen 1 - Stark. 

State of Vermont. In Council, Arlington May 23 d ' 1778. 
The Debenture of Council as follows, viz 1 - 

Hon ble Moses Robinson, Esq r - £2 7 

Hon ble Timothy Brownson, Esq 1 "- 12 

Hon ble Jonas Fay, Esq 1- 1 17 

Hon ble Jeremiah Clark, Esq r - 4 
Matthew Lyon, D. Sec'y< 1 Day & half. 



RECORD OF THE GOVERNOR AND COUNCIL, 

AT THE 

ADJOURNED SESSION AT ARLINGTON, MAY 28, 1778. 



Arlington, 28 May 1778. 
Names of the Officers of the 2 d Reg 1 - of the Militia of this State. 
Colonel Samuel Herrick. 
Lt- Colonel Ebenezer Walbridge. 
Major Gideon Olin. 
Adjutant Joseph Fay. 
Q. Master John Burnham. 
1 st Company in Bennington. 2 d Comv- Bennington. 

Capt. Samuel Robinson. Capt. Wm. Hutchins. 

1 L l - Gideon Spencer. 1* ]> N. Filmore. 1 

2 d Lt- 2<* Lt- Joseph Ruder. 2 

Ens n Joseph Hinesdel. Ens n Lib Armstrong. 



1' Comv in Shaftsbury. 
Capt. Abiather Waldo. 
Lt. 
Ensign John Sunderland. 

1 st Corny in Pownall. 

Capt. 

Lt. 

Ensign 

Arlington [Company.'] 
Capt. Eben r - Wallace. 
Lt- Thomas Butterfield. 
Ensign James Hawley. 



2 d Comv- in Shaftsbury. 
Capt. Jonas Galusha. 
Lt- Gid u Lyon. 
Ens 11 Nathan Stone. 



2 d Corny in Pownall. 



Capt. 

Lt 

Ens n 

Sunderland Corny- 
Capt. Daniel Comstock. 
L*- Eli Brownson. 



Nathaniel Filmore, grandfather of President Filmore. 



Joseph Rudd in Vt. Hist. Mag., p. 153. 



260 



Governor and Council — May 28, 1778. 



Names of the officers of the 5 lh Regiment of this State. 

Col°- Gideon Warren. 
I> Col°- James Claghorn. 
Major Nathan Smith. 
Adjutant Jon a - Saxton. 
Q. Master George Foot. 



1 st Comv- Manchester. 
Capt. Gideon Ormsby. 
Lieu 1 - Solomon Soper. 
Ens" William Saxton. 

3 d Corny- Reuperte. 
Capt. Tapan Noble. 
L*- Enoch Eastman. 
Ens" Moses Robinson. 

5 Company Rutland. 
Capt. Simeon Wright. 
L* Samuel Campbell. 
Ens 11 - Nathaniel Blanchard. 

7 Company Clarindon. 
Capt, Thomas Sawyer. 
L*. 
Ens n - 

9 Company Pittsford. 
Capt. Benjamin Cooley. 
L*- Moses Olmsted. 
Ens 11 - James Hopkins. 

11 Company Wells. 
Capt. Daniel Culver. 
L*- Abel Meriman. 
Ens n - Zaccheus Malery. 

13 Company Castleton. 
Capt. Ephraim Buel. 
L*- Israel Hulbert. 
Ens u Gershom Lake. 

15 Company Wallingford. 
L*- Abram Ives. 
Ens 11 - Abraham Jackson. 



2 Company Dorset. 
Capt. Abraham Underbill. 
L*- Richard Dunning. 
Ens u Ephraim Reynolds. 

4 Company Tinmouth. 
Capt. John Spafford. 
L 1 - Samuel Allen. 
Ens n Orange Train. 

6 Company Pawlet. 
Capt. John Stark. 
Lt- Samuel Willard. 
Ens n - Joel Harmon. 

8 Company Poultney. 
Capt. Zebediah Dewey. 
L f - James Brookings. 
Ens 11 - Win. Ward. 

10 Company Rutland. 

Capt. 

Lt. 

Ens n - 

12 Company Danby. 
Capt. Stephen Corkins. 
U" Isaac Guage. 
Ens n - Thomas Rowley. 

14 Company Neshoba. 
Capt. Thomas Tuttle. 
I> Nathan Daniels. 
Ens n - Amos Cuttler. 

16 Company Sandgate. 



Capt. 



In Council Arlington 28 May 1778. 

To Capt. Jesse Sawyer: — You are hereby directed to Engage five Sol- 
diers to go with you in Search of Enimical persons to the North of this 
such places as you shall think proper, & make returns of your proceed- 
ings within six days to this Council. Thos. Chittenden, (xou' r - 

Attest, M. Lyon, D. Sec'y- 

Arlington, 28 May 1778. ) 
State of Vermont. In Council date above, f 
Whereas it has been represented to this Council that the wife of Jer- 
emiah French late of Manchester (now in amies with the Enemy,) is 
very turbulent & Troublesome where she now is, & refuses to obey or- 
ders — 



Governor and Council — June, 1778. 261 

To M r - Stephen Washburn: 
Sir, — You are hereby Commanded to Take said Woman and her 
children that are now in Manchester & Transport them to Head-quar- 
ters at Eutland & there diliver them to the commanding officer who will 
order a party of the men under his command to transport & guard them 
to some convenient place on the East side of Lake Champlain when she 
can go to the enemy in order to git to her husband, and also take of her 
Moveable Estate formerly the property of s d - French now in her posses- 
sion, two feather beds and bedding not exceeding Eight Sheets, six Cov- 
erlids or blankets, 5 plates, two platters, two basons, one Quart Cup, & 
knives & forks if she has such things, her own & her childrens Wearing 
apparril. The rest of the moveables belonging to s d - 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 s - & the overplus you will 
pay to the Treasurer of this State. 

By order of Gov r - & Council, M. Lyon, D. Sec'v- 



EECORD OF THE GOVERNOR, DEPUTY GOVERNOR, AND COUNCIL 

AT THE 

ADJOURNED SESSION OF THE GENERAL ASSEMBLY 
At Bennington, June, 1778. 



Bennington 4 June 1778, ) 

State of Vermont. In Council, date above. ) 
To Benjamin Fay, Esq r -^ Sheriff of the County of Bennington. 

This Council have taken into consideration this day the within peti- 
tion of David Redding; now a prisoner under a sentance of Death, & do 
hereby in consequence, Reprieve him the said David Redding until 
thursday next the 11 th 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 s - Chittenden. 



State of Vermont. In Council, June 5 th 1778. 

Sir, — Yours of this day date, have rec d - In answer thereto would in- 
form you, that Redding did petition the General Assembly of this State 
for a Rehearing in as much as he was Tried by a Jury of six men only. 
The members of Assembly not being come so fully before the time of 
his Execution, so as to Determine the matter, therefore this Council 
have reprieved s d Redding from being executed until Thursday next 
2 °Clock in the afternoon. This Council do not Doubt in the Least but 
that the s d Redding will have Justice done him to the satisfaction of the 
public. By order of Gov. & Council 

Thos- Chandler, Ju r - See*** 

Col - Samuel Herrick. 



262 Governor and Council — June, 1778. 

State of Vermont. [Bennington] June 6 1778. 
Sir, — You are hereby ordered & directed forthwith, to furnish a Guard 
of Ten effective men, one Sergeant, one Corporal & eight privates with 
Armes & ammunition Compleat to Guard the stores & prisoners in s d - 
Bennington, to remain in service one week unless sooner discharged. 
By order of Gov r - & Council, Tho s - Chandler, Ju r ^ Sec'v- 

Bennington 6 June 1778. 
Sir, — You are hereby required to furnish four effective men of your 
Reg 1 - to join & do duty with the Guard at this place, this night, & until 
8 °Clock * Tomorrow Morning or until you may furnish a Guard for a 
longer time agreeable to a former order from this Board. 

By order of Gov 1 "- & Council, Tho s - Chandler, Ju r -< Se&v-* 

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 with Capt. Ebenezer Allen. Choose Col°- Rob- 
inson & Doct. Spooner for said Committee. 

June 9 tl) - 
Voted to choose a Committee to Draw a Congratulatory letter to Colo- 
Ethan Allen 1 on his arrival from Captivity. Choose Doct. Jonas Fay 
Esq 1 '- & Col°- Moses Robinson Esq 1 "- for said Committee. 

1 The record does not show to whom these two orders were addressed. 
Samuel Herrick was colonel of the regiment which embraced Benning- 
ton, and he made inquiries concerning Redding's case on the previous 
day, probably to elicit such a reply as would allay excitement. The tra- 
dition is that the people were very much excited, and, to appease them, 
Ethan Allen mounted a stump and promised that, if Redding escaped, 
he would be hung himself. — See Slade's State Papers, p. 269. 

2 The birth of Ethan Allen at Litchfield, Conn., Jan. 10, 1737-8; his 
coming to Vermont about 17G6; his daring, persistent, and successful 
resistance to the exactions attempted by New York upon the proprie- 
tors of lands granted by New Hampshire; his capture of Ticonderoga; 
his failure in the attempt to capture Montreal in September 1775, and his 
consequent confinement as a prisoner to the British until the 6th of 
May 1778; his vigorous and successful repression of resistance to the 
authority of Vermont in Cumberland [Windham] county in September 
1782; and his sudden death in February, 1789,* in the full vigor of man- 
hood: these are the leading events in his life; but these and other events, 
anecdotes, traits of character, and accounts of his writings, are familiar 
already to Vermonters who care to know his history. The details of his 
public and private life, including his writings, would make several vol- 
umes, and any attempt to do justice to him, within the limits of a note 
here, would utterly fail. It has doubtless occurred to the reader of every 
biography of Ethan Allen yet published, that his public services, for the 

*The date of Allen's death is variously stated, as of the 11th, 12th, 
and 13th of February, 1789. 



Governor and Council — June, 1778. 263 

[June] 9. 
Eesolved that Colonel Ethan Allen be & is hereby chosen to act in 
the Capacity & do the duty of States Attorney in the cause depending 

more than ten years after his release from imprisonment, were far less 
prominent than in the like period preceding his capture, and the im- 
pression may prevail to some extent that he had lost somewhat of his 
energy and zeal, both for the nation and the state. On this point some- 
thing may properly be suggested. It is true that his patriotism was 
doubted in the closing months of 1780; that he was arraigned before the 
General Assembly, when he resigned his commission as general of the 
Vermont militia, because " there was uneasiness among some of the peo- 
ple upon account of his command." The proof stands upon the journals 
of the General Assembly that he was very indignant that, as he said, "false 
and ignominious aspersions against him" were entertained for a mo- 
ment; but there, also, the proof stands of his acquittal, of his conscious- 
ness that public confidence would in due time be restored to him, and 
of his readiness to give his best services when desired. On resigning 
his commission as general he said: " if the assembly thought best to give 
him the command at any time, he would endeavor to serve the state ac- 
cording to his abilities." Active war between Vermont and Great Brit- 
ain was substantially ended at this time — in fact in October 1780, when 
our militia and volunteers were dismissed. Henceforth, until the gene- 
eral suspension of hostilities, diplomacy took the place of arms, and the 
state was successfully defended and the national cause subserved, by the 
so called Haldimand correspondence. Therefore no occasion occurred 
to require the military services of Allen against the British; and none 
could or did occur, except with the ancient enemies who had always been 
resisted by Allen. He was called upon in 1782, by the General Assem- 
bly and the Governor, to suppress these enemies in Windham county, 
and he met the call promptly. One more occasion, and the only one, 
happened in December 1781, when New York attempted force and was 
defeated. Nominally Allen was not in command, but he was present 
with the Vermont militia, and the allowance of his account against the 
state for services in that affair indicates that he was there by good au- 
thority. Undoubtedly his services were rendered on the request or 
approval of Gov. Chittenden.* These facts show that the pledge of 
Allen to the General Assembly in November 1780 was fully redeemed. 
He could render no other military services; and that otherwise he was 
as earnest and zealous as ever in sustaining the independence of the 
state and promoting its interests, is abundantly evident. He was one of 
the very few public men who were engaged in the Haldimand corres- 
pondence; and in this lie was not merely the adviser of Ira Allen and 
Joseph Fay, but himself took part in the correspondence. The unions 
with New Hampshire and New York towns were parts of the state pol- 

* Vt. Hist Soc. Coll., vol. ii, pp. 219, 296, 297. 



264 Governor and Council — June, 1778. 

Between this & the United States of America & David Bedding, a 
prisoner to be Tried this day for enimical Conduct against this and said 
United States. 

By order of the Gov r - & Council, 

Thomas Chandler, Ju r - Sec'v- 1 

Voted to Choose a Committee to Examine the acct s - of Doct r - Nath 1 - 
Dickenson. Chose Doct r - Jonas Fay & Doct r - Paul Spooner for said 
Committee. Thomas Chandler Ju r - Sec'v- 



Bennington, 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, 2 or otherwise give him or them 
a Rec 1 - for the Same. 

By order of Council, Tho s - Chandler, Ju r » Sec^- 3 



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. 

1 Redding was tried on the 9th, by a full jury, of course, and con- 
victed as a public enemy. Jeremiah Clark presided at the trial. Red- 
ding was executed on the 11th. — State Papers, 269; Vermont Historical 
Magazine, vol I. p. 234. 

2 Thus on the record, the words "from whom he shall receive such 
grain" being repeated. 

3 From the Assembly Journal: 

Voted, in the House of Assembly, with the advice of the Council, that 
one hundred men out of Col°- Beadles [Bedel's] Regiment, be sent to 
guard the frontiers, the west side of the mountain. 

The first Union of New Hampshire towns with Vermont had been effected 
on the preceding day, and thus Bedel's regiment fell within the jurisdiction 
of Vermont, and must be supported by it. Timothy Bedel was Col- 

*Vt. Hist Soc. Coll, pp. 419, 420. 



Governor and Council — June, 1778. 265 

We the Committee appointed by The Honorable House of Represent- 
atives of the State of Vermont to Consider the petition of M r - John Can- 
non, have dilivered l have deliberated thereon, and beg leave to offer our 
opinions as follows viz 1 - that by all that appears to us our said petitioner 
is an honest man, a very Great Sufferer and a proper object of charita- 
ble redress, & ought in Justice to have some immediate help for the re- 
lief of his suffering family, but as we are unacquainted with the cost he 
hath been at and how far forth he hath been & still is disabled to help 
himself & family, we would recommend that there be some proper per- 
son appointed to confer with him and Examine into the Matter as to his 
cost, who thereby may be better accomplished to affix an adequate do- 
nation to him for his misfortunes, and make report to our next Sessions, 
at the same time Recommend that he have Twenty pounds paid him out 
of the Treasury of this State for the relief of his present necessity. 

Bennington, June 12, 1778. 

By order, Benjamin Baldwin, Clerk. 

To his Excellency & Council. 2 

State of Vekmont, In Council 12 th June 1778. 
Dear Sir, — Your favor of the 14 th May is now before me, and I cannot 
but return you my thanks for the friendly sentiments and Communica- 
tions therein expressed. 1 have rec d - intelligence, that General Gates 
has ordered all the Continental Troops at Albany to repair to his camp, 
agreeable to which they have already Marched, by which means this ex- 
tensive Frontier is left but very thinly Guarded, Colonel Warners 
Regiment being the only Continental Troops left in this department, 
and as there is great Danger that while the Grand movements are mak- 
ing to the Southward, the Enemy will Endeavor to distress these fron- 
tiers by scouting Parties thereby to divert our attention, and as covering 
the Grants on this side is a Grand Security to those on the other side the 
Green Mountains; and the connection between this State & a number of 
Towns on the East side of Connecticut river is compleated, should think 

onel of New Hampshire Rangers in the Canada campaign of 1775, and 
doubtless had seen considerable military service preceding that date. 
He appears occasionally in Vermont history, and was one of the persons 
with whom the British General Haldimand attempted to communicate, 
by Bedel's appointment, in the spring of 1782. The interview failed 
because Bedel said he was watched. He was one of the Vermont Board 
of War in 1781. — Records of the Revolutionary War; Vt. Hist. Soc. Coll., 
vol. ii, pp. 48, 267, 273. 

1 The words " have dilivered " have no sense here. 

2 Section eighteen of the Plan or Frame of Government declared that 
the Governor and Council were "to expedite the execution of such 
measures as may be resolved upon by the General Assembly; and they 
may draw upon the Treasurer for such sums as may be appropriated by 
the House." The Governor and Council having the present functions 
of the State Auditor, it was necessary that every order of the House for 
the payment of money, or other matter to be executed, should be certi- 
fied to the Executive body which was provided by section three of the 
Frame of Government, to wit: " The supreme executive power shall be 
vested in a Governor and Council." 

19 



266 Governor and Council — June* 1778. 



it would be for the General Good that a part of your regiment be sent 
to Rutland to join those raised here for the present to be under my 
direction in Council, and accordingly, should take it as a favour, that 
after you have sent an hundred men to Albany, agreeable to the request 
of the General, you would send over such a part of the Remains of your 
Regiment as you can spare. I have consulted the Council & it is their 
opinion you may spare an hundred. Your compliance with the above 
will be a fresh Testimony of your attachment to this State. And well 
accepted by D r - Sir your Humble Servant, T. Chittenden. 

N. B. Should be Glad you would give the Earliest notice of your 
compliance or non compliance with the above request. 

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, 1 & 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 ble Serv^ Tho s - Chittenden. 

To Mr. John Burnham. 

Bennington 13 June 1778. ) 
State of Vehmont. In Council. { 
Sir, — You are hereby Commanded to Cause to be immeadiately 
Draughted in your Regiment seventy three effective men (agreeable to 
an Act of the General Assembly of this State holden at Windsor the 24 
day of March last) without the" least delay & to see them properly offi- 
cered & otherwise equipped & March them to Rutland where they will 
Receive further orders from the Commanding officer at that Post. 
I am Sir your most Ob 1 - Servant, 

Tho s Chittenden. 
Col - Samuel Fletcher. 

[June] 13. 
Sir, — Inclosed you have my particular order for Draughting seventy 
three men from your Regiment. I have rec d - Inteligence this morning 
by express from Head Quarters at Rutland, that a Scout of 500 of the 
Enemy are now at Crown Point, who have Just returned from a Scalp- 
ing Tour in Tryon County who have brought with them a Considerable 
number of prisioners. As it is deuended 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- 

1 That is, on Connecticut river. 



Governor and Council — June, 177b. 267 

ardy of their lives, and let humanity inspire you to exert every faculty 
to give them immeadiate Relief. 

I am Sir your Hum ble Servant, 

Tho s - Chittenden, Capt. G l - 
Col - Fletcher. 

State of Vermont. In Council, Bennington 13 June 177S. 
Sir, — Please to Diliver the Bearer M r - Jesse Belknap Ten pounds of 
Powder for the use of the Militia in Castleton. 

Thomas Chittenden. 
To M r ' William Sherman, Commissary, Bennington. 

[June] 13. 
To Col - Gideon Warren of the 5 th Begiment in this State : 

Sir, -In pursuance of advice of Council & General Assembly of this 
State, you are hereby ordered to Draught 27 good effective men out of 
your Regiment, to be draughted out of the Towns of Dorset, Rupert, 
Sandgate & Manchester, & one Capt. to command them, who will be 
joined to one hundred men from Col°- Herricks Regiment & commanded 
by Col°- Herrick or his L*- Col - 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 r Sir yours, 

Thomas Chittenden, Capt. Gen 1 - 
N. B. By Computation the above number of 27 men amounts to every 
6 th man. T. Chittenden. 



State of Vermont. In Council, Bennington 13 June 1778. 
To Samuel Herrick Esq r - Col - of the 2 d Regiment in this State : 

In pursuance to the advice of Council & the General Assembly of this 
State, you are hereby ordered to Draught one hundred and one effective 
men out of your Regiment (it being one sixth part of the Militia) pro- 
perly officered, and either Take the Command of them or order your L*- 
Col°- to do it, to be Marched to Rutland with all speed, and Join Capt. 
Brownsoivs Party for the immediate defense of the Frontiers. You are 
to remain on the Ground 20 Days, unless sooner discharged. You will 
take under your Command apart of the Militia in Col°- Warrens regi- 
ment amounting to 27 men. I am Sir yours, 

Tho s - Chittenden, Capt. Gen 1 - 

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.] x 



State of Vermont. In Council, Bennington 15 June 1778. 
Whereas in has been represented to this Council that divers Books & 
other effects, formerly the property of John Peters, 2 are now in the hands of 

^rom the Assembly Journal: 

June 13. — Voted, that Maj r - [Gideon] Olin apply to the Governor and 
Council for directions relative to the support of Tory families, for the 
future. 

2 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 



268 Governor and Council — June, 1778. 

the Committee [of Safety] of Orford, & Whereas we have understood that 
they are Willing to Diliver s d effects to any Person properly authorized 
to receive the Same, We do therefore constitute & appoint Jacob Bayley 
Esq 1 "- Commissioner to receive the same in behalf of this and the United 
States of America, & give his Rec 1 - therefor, & Allow a reasonable Com- 
pensation to said Committee for their Trouble in storing' and securing 
the same, and make due Returns of your doings hereon at the next Ses- 
sions of Assembly to be holden at Windsor on the 2 thursday of October 
next. By order of the Gov r - & Council, 

Thomas Chandler, Ju r -* Sec'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, he set 
out with judge John Taplin and sheriff John Taplin jr., [afterward 
of Berlin,] to hold Gloucester county court in Kingsland [now Washing- 
ton.] He was made judge of the inferior court of common pleas, Oct. 26, 
1774 ; and county clerk again March 5, 1772. He built the first saw- 
mill in Bradford in 1772, on the south side of Waits river. — See East- 
ern Vermont. 

Peters' account of his search for a court is as follows : 

Feby. 25, 1771. Set out from Mooretown for Kingsland, traveled until 
Dight, "there being no road and the snow very deep we travelled on snow- 
shoes or rackets. On the 26 th we traveled some ways and held a Coun- 
cil, when it was concluded it was best to open court. As we saw no line 
it was not known whether in Kingsland or not. But we concluded we 
were far in the woods, we did not expect to see any house unless we 
marched three miles within Kingsland, and no one lived there, when the 
court was ordered to be opened on the spot. — Doc. Hist, of N. Y., vol. 4. 
p. 1033 ; and Early History, p. 156. 

The first and last histories of Washington (Thompson's Gazetteer of 1824 
and the Vt. Hist. Mag, vol. ii,) ignore the fact that Kingsland was a 
New York grant. This fact is correctly stated in Thompson's Vermont, 
with the additional item that a town plot was laid out in village lots. The 
township was in fact granted to King's college of New York city, 
and it covered quite a magnificent scheme for a location so high up amid 
the Green Mountains — a good one, however, for show. From this digres- 
sion the reader may turn to the following, from Lorenzo Sabine's Bio- 
graphical Sketches of Loyalists : 

Peters, John, of Hebron, Connecticut. Born in 1740. A most devoted 
Loyalist. He went to Canada finally, and raised a corps called the 
Queens Loyal Rangers, of which Lord Dorchester gave him command 
with the rank of Lieutenant Colonel. At the peace he retired to Eng- 
land, and died at Paddington of gout in the head and stomach, in 1788. 
His property was confiscated. He left a wife and eight children, who, at 
the time of his decease, were at the island of Cape Breton. A notice of 
him concludes thus : " Rebellion and Loyalty are alike fatal to some 
families, and alike prosperous to others." 



Governor and Council — June, 1778. 269 

State of Vermont. In Council, Bennington 16 June 1778. 

To Mr. Samuel Tubbs : 

Sir^ — Pursuant to an order of the General Assembly of this State 
bearing date the 15 of this Instant, you are hereby required to diliver 
unto Doct 1 *- Jacob Roback the Cow that you have in your possession 
which belongs to this State, and you are to come and settle your accts. 
relative to s d Cow with this Council, & s d Doct 1- - Ruback is to have the 
use of said Cow during the pleasure of said Council. 
By order of Gov r - & Council, 

Tho s - Chandler, Ju r -» Sec 1 *- 



State of Vermont. Bennington 17 June 1778. 
In Council, date above. 
To the Commissary of Issues in this town : 

Sir, — Please to Deliver to the bearer Capt. Robinson Twenty-seven 
pounds of Powder, & one hundred & eight pounds of Lead, it being to 
Supply 54 of the Militia (now under Marching orders) with Each | lb. 
Powder & Two of Lead. Your Compliance will Oblidge Sir yours. 

Thomas Chittenden, Capt. Gen 1 - 

An order given To Timothy Moss in favour of the Town of Wells for 
12 lb. Powder, 24 lb. Lead and 24 flints, on the above Commissary. 
The above order returned not complied with. 

State of Vermont. In Council Bennington 17 June 1778. 

Sir, — You are hereby ordered & directed to Draw out of the ammuni- 
tion that is sent to the Northward 17£ lb. powder & 30 lbs. Bullets it be- 
ing for 15 Soldiers that [are] under your Command to Guard s d - Stores to 
Rutland. Thomas Chittenden, Capt. Gen 1 - 

To Capt. Sam 1 - Bobinson. 

State of Vermont. In Council Bennington June 1778. 
Upon the petition of Lurania McClane Praying to be discharged from 
her Late Husband John McLane for certain reasons Mentioned in her 
said petition, as by s d < Petition on file may appear, he the s d - 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 d - Lurania of 
Right ought to be discharged from the s d - John McClane & he is hereby 
Divorced, and therefore Resolve and declare that the s d - Lurania be dis- 
charged from him the s d - John McClane, & that she has a Good & Law- 
ful Right to Marry to another man. 1 

By order of the Gov 1 '- & Council, Tho s - Chandler, Ju>-> Sec'y- 

State of Vermont. In Council 17 June 1778. 
To the Hon ble General Assembh/ of the Representatives of the freemen of 

said State: 2 
We the subscribers by your honors appointed a Committee to exam- 
ine into the Justice of the Petition of William Haviland bearing date 

1 The first Vermout statute on divorce of which there is any record is 
the act of February 1779. That gave jurisdiction to the superior court. 

2 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 th 1778 beg Leave to Report to your honors that it be our opin- 
ion according to the Evidence proved both for & against the said 
William Haviland that the said William have one half of the Grist Mill 
& one half the Mill Stones that are near s d - Mills, & one third of the Saw 
mill, half of the Land he purchased of Serg 1 - Henry Walbridge Exclu- 
sive of What Mr. Sage Bought of Joseph & William Haviland, & this 
State clear John Philips from the premises, & pay the said William forty 
pounds Lawful Money, & that William Haviland & Moses Sage pay the 
Workman, Mr. Rogers, their proper Share of the note given to said 
Rogers for the money due to him for building s d Mill. 

SimeonHathaway, ) 

Samuel Robinson, >• Committee. 

Jonathan Waldo, ) 

Cost of Committee \ 

Setting £4 10 0. t 



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, b}^ the Report of the Committee chosen for to settle 
that aifair, & Also to make a deed to this State, of one half of the remain- 
ing part of the Land improvements & Lands. You are also impowered 
and directed on your Tendering the money according to a former Judg- 
ment of the Grand Committee so called ! to Dispossess John Philips that is 
now on the premises on the first day of November next. 

By order of Council, Thomas Chittenden, Gov r - 



complied literalty with this provision of the Constitution. The words 
" General Assembly" have ever stood in Vermont as the title of the body 
having the legislative power of the State, and hence in the early history 
meant the House of Representatives alone, and in the later embraced 
the co-ordinate branches, the Senate and the House of Representatives, 
and the Governor also, as his concurrence is asked in every act of leg- 
islation. 

1 The Governor and Council and House of Representatives were ac- 
customed to meet together and consider some public matters, and such 
a meeting was called " the Grand Committee," in distinction from " the 
Joint Assembly" of the same bodies by which elections were made at a 
later date. The first constitution provided for neither the Grand Com- 
mittee nor the Joint Assembly, and they must have been resorted to 
originally for convenience in the dispatch of business. At the October 
session, 1778, the custom was adopted, by resolution of the House, " to f 
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 Bobinson, Esq r -: 

You are hereby Authorized & Impowered to settle with the Commit- 
tee appointed by a former County Committee in the County of Cumber- 
land to Lease the estate of Crean Brush (who is deserted over to the 
Enemy) and after allowing them a reasonable Reward for their Services, 
to receive the money arising from said Leasings, and pay the Same into 
the Treasury of this State. 

By order of the Gov r - & Council, 

Thomas Chandler, Ju r > Sec'v- 



State of Vermont. In Council, Bennington 18 June 1778. 
Whereas it has been represented to this Council that divers Books & 
other effects (formerly the property of Crean Brush 1 & others now with 

1 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 bar, but held a military 
office previous to his coming to America, (New York city,) about 17C2. 
He there married his second wite, Margaret Montuzan, who was widow 
of a colonel in the British army, and mother of the second wife of Ethan 
Allen. Brush was first employed by the deputy secretar}^ of the prov- 
ince of New York, Goldsbrow Banyar, and in 1764 was licensed as an 
attorney in all the king's courts in the province. It is supposed he be- 
came associated in this profession with John Kelly, who also figured in 
the Vermont 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 pnrpose in com- 
ing to Vermont was to sell his lands there, many thousand acres having 
been acquired by him through New York grants. He was a member of 
the N. Y. colonial (royal) assembly from Jan. 5, 1773, to its dissolution, 
April 3, 1775. In this body he proved himself to be an able, eloquent, 
and influential member, but excessively loyal and violent in his meas- 
ures against the Vermont whigs and adherents to the N. II. Grants. 
He wrote much for Rivington's Gazette, the tory organ in New York 
city, and his notoriety as a partisan scribbler was recognized in Trum- 
bull's McFingal: 

Had I the Poet's brazen lungs, 

As sound-board to his hundred tongues, 

I could not half the scribblers muster 

fThat swarm round Rivington in cluster; 
Assemblies, councilmen, forsooth ; 
Brush, Cooper, Wilkins, Chandler, Booth; 
Yet all their arguments and sap'ence 
You did not value at three half-pence. 

Shortly after the commencement of the revolutionary war, Brush 
joined Gen. Gage at Boston, who employed him to remove and take 
charge of the property in the buildings which had been seized as winter 
quarters for the British officers and troops. Jan. 10, 1776, he wrote a 



272 Grovernor and Council — June, 1778. 

the Enemy 83 of the United States of America) are now in the possession 
of John Church Esq r - of Charleston [Charlestown, N. H.,] & the Widow 
Mary Bellows of Walpole, [N. H.,] and Whereas we have understood 
that they are Willing to deliver said effects to any person properly au- 
thorized to receive the same, We do therefore constitute and appoint 
Paul Spooner Esq 1 *- Commissioner to receive the same in behalf of this 
& the United States of America, «& give his Rec 1 - 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, Ju r > Sec'v- 

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 Regiment consisting of one 
hundred and one men officers included and March them without delay to 
Rutland, within this State, & in conjunction with the Troops now at 
that place under the command of Cant. Brovvnson to guard the Frontiers 
in that quarter according to the best of your skill in war for & during 
the Term of Twenty days from your arrival at that place unless sooner 
discharged. Wishing you a good March am yours, 

Thos. Chittenden, Capt. G L 
Col - Ebenezer Walbridge. 



State of Vermont. In Council, Bennington 18 June 1778. 

Voted that Doct r 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 se'veral Conventions from 

Together with the doings of the Council of Safety, (the present Council 
& house of Representatives,) and put them in Regular order, and Record 
them in Books tor that purpose. 2 d Voted that they be empowered to 
settle with the several Commiss rs 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, GW r - 

To the Commissary of Issues, Bennington. 

memorial asking the command of troops, and, specially to be noted, a 
body of three hundred men to be posted on Connecticut river and open 
a line of communication from thence westward towards lake Champlain. 
Nothing came of this, because Brush became entangled in the business 
of the goods taken by him, many of his seizures being simply robbery, 
under the color only of authority. He attempted to escape in a vessel, 
but was captured by the British, taken to Boston for trial on charges 
against him, and confined in jail from April 12 1776 until Nov. 15 1777, 
when he escaped, (by his wife personating him as prisoner,) and went 
to New York. He gained no favor there, not even from the British 
commander, and in May 1778 he " with a pistol, besmeared the Room 
with his Brains." — Eastern Vermont, pp. 603-633. 



Governor and Council — -July, August, 1778. 273 

RECORD OP THE GOVERNOR AND COUNCIL 

AT A 
SPECIAL SESSIONS AT ARLINGTON, JULY 17 TO SEPT. 30, 1778. 



Arlington, 17 July 1778. ) 
State of Vermont. In Council, date above. \ 

This Council having Taken into their Consideration the Petition ot 
the Inhabitants of Shaftsbury Prefered by Bliss Willoughby, as also 
the petition of the Inhabitants of Bennington Prefered by Capt. John 
Fassett, setting forth the diseffection of the minds of the Petitioners oc- 
casioned by tin* appointment of a certain number of Commissioners by 
the General Assembly of this State, at the last Session in June last, & 
vesting such Commissioners with Power to Banish within the Enemies 
Lines such persons as discribed in the Instructions to such Commission- 
ers, refering to the above petitions & Instructions or act, 1 

And do thereupon Resolve, that it be & is hereby Recommended to the 
said Commissioners for the County of Bennington to dissist from any 
further Prosecutions by virtue of such appointment until the Rising of 
the Sessions of Assembly in October next, unless necessity in some par- 
ticular Instance or Instances should urge this Council (before that time) 
to recommend the Setting of said Commissioners to prosecute the busi- 
ness of their appointment, in which case it is hereby Recommended that 
any future Tryal be by Jury if Required. 

By order of Council, 

M. Lyon, D. Secy- Tno s - Chittenden. 



Arlington, July IS 1778. } 
State of Vermont. In Council, date above. \ 
Resolved that James Breakeniidge, Ebenezer Cole & John McNeil, on 
Petition be & are hereby Required [reprieved] from their several senten- 
ces of Banishment passed on them by the Hon ble 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, B. Secy- Tho s - Chittenden. 



In Council, Arlington 22 Aug*- 1778. 
Resolved that Jonas Fay, Benjamin Carpenter & Ira Allen Esq rs be 
appointed a Committee, & they or any two of them are hereby appointed 
& fully authorized to Adjust and Settle all the pay Rolls in Col°- Wil- 
liam William 8 Reg' of Militia for all past Services, when this State have 

1 ]STo 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 Esq r - Maj r Griswold, Patterson Piermont 
Esq r - and Maj r Tyler" were appointed u Judges of the Superior Court 
for the banishment of tories" June 18 1778. Perhaps this court was 
authorized to appoint " Commissioners" in every section of the State. 



274 Governor and Council— Aug. 29 to Sept. 30, 1778. 

Resolved to give some pay, in addition to their Continental pay. They 
are also authorized to adjust & settle Capt. Levi Goodenough s Pay Rolls 
for his services in L*- Col°- Samuel Herricks Reg' of Rangers in the year 
1777, & the Treasurer is hereby directed to pay the several Ballances that 
may be due on the same. 

By order of Council, 

Tho s - Chittenden, Gov r - 



Arlington, 29 August 1778. ) 
State of Vermont. In Council, date above. $ 
Whereas James Breakenridge, Ebenezer Cole, & John McNiel all of 
this State have been Sentenced to Banishment within the Enemies Lines 
by the Court of Commissioners for that purpose ; & for certain reasons 
have been reprieved until the l l 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, 

Tho s - Chittenden, Gov' r - 



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, 
Amies. Ammunition, accoutrements &c, to the Governor of this State. 

Resolved that one hundred men be forthwith raised out of the Militia 
of the County of Bennington to reinforce the posts on the Northern 
Frontiers & that they continue in service until the first' day of Decem- 
ber next unless sooner discharged. 

Arlington, 30 September 1778. ) 
State of Vermont. In Council, date above. \ 
Sir, — You are hereby Commanded to raise Seventy Able bodied effec- 
tive men of your Regiment (including officers) and to see that they be 
well Armed, & every way equiped, properly officered and to March to head 
Quarters in Rutland without the least delay where they will receive 
further orders. They will continue in Service until the 1* day of Decem- 
ber next (inclusive) unless sooner discharged. 

Thomas Chittenden, Capt. Gen 1 - 
To Col - Sam 1 - 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 
1* 1778. 

At some meeting of the Governor and Council early in September 
1778, in consequence of a letter from President Weare of New Hamp- 
shire to Governor Chittenden, dated Aug. 22, 1778, protesting against 
the union of New Hampshire towns with Vermont, Ethan Allen was 
requested to repair to Philadelphia and ascertain in what light these 
proceedings of Vermont were viewed by Congress,— See Slade's State 
Papers, p. 92. 



THE SECOND COUNCIL, 

OCTOBER 1778 TO OCTOBER 1779. 



Thomas Chittenden, Williston, Governor. 
Joseph Marsh, Hartford, Lieutenant-Governor. 



COUNCILLORS 

Joseph Bowkei:, Rutland, 
Jacob Bailey, Newbury, 
Peter Olcott, Norwich, 
Paul Spooner, Hartland, 
Timothy 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 Murdoch, Norwich, 
Elisha Payne, Cardigan, [N.H.] 1 
Benjamin Emmons, Woodstock. 1 



BIOGRAPHICAL NOTICE. 8 

On the 12th of March 1778, a committee, representing a Convention 
previously held at Hanover N. H., appeared before the General Assem- 
bly at Windsor, and asked for the admission to Vermont of the following 
New Hampshire towns, to wit : Cornish, Lebanon, Dresden, 4 Lime, Or- 

^ol. Payne declined the office, and the Council appointed Mr. Em- 
mons to fill the vacancy. 

2 Mr. Fay did not qualify until Nov. 24. 

3 For notices of all the members of the body, except Mr. Payne, see 
ante, pp. 115-129, 190. 235-241. 

4 That part of Hanover owned by Dartmouth College. The above list 
is from Belknap's History of New Hampshire, and it seems to count Dres- 
den in the place of Hanover. The fact is, however, that Dresden and 
Hanover were both represented in the Vermont Assembly of October 
1778, and instead of " sixteen" New Hampshire towns annexed to Ver- 
mont then, there were seventeen, if Dresden is counted as a town. 



276 The Second Council— Oct. 1778 to Oct. 1779. 

ford,Piermont, Haverhill, Bath, Lyman, Apthorp, Enfield, Canaan, Cardi- 
gan, Landaff, Gnnthwaite, and Morristown. At the October session of the 
General Assembly, 1778, Col. Eltsha Payne appeared as representa- 
tive from the town of Cardigan, and he was appointed chairman of the 
committee raised to canvass the votes for state officers and councillors. 
The report of that committee showed that Col. Payne had been elected 
councillor by the people. He continued to act as a member of the 
Ho # use, however, having declined to accept the office of councillor. The 
reason undoubtedly was that he would be much more useful in the Gen- 
eral Assembly in opposing the dissolution of the union with the six- 
teen New Hampshire towns, which he knew would be pressed. So par- 
ticular a notice of Col. Payne would not be given here, were it not for 
the facts that he was afterward a member of the body as lieutenant-gov- 
ernor in 1781, and a prominent figure in an exceedingly critical period 
of the history of the state. The estimate put upon his character and 
abilities was indicated by a vote of the Governor and Council, March 26, 
1778. when Jonas Fay and Joseph Marsh were appointed " Delegates 
to Wait on the IIon ble Continental Congress/' The record adds: u Like- 
wise voted to invite Col. Elisiia Payne to accompany the above per- 
sons for the purposes Above Written." 

Col. Payne next appeared in a Convention of forty-three towns, which 
met at Charlestown, ]ST. 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;" 1 which was ac- 
companied by a resolution to appoint a committee of twelve to wait on the 
General Assembly of Vermont. Col. Payne was designated as one of 
that committee. The Convention then adjourned to meet at Cornish, 
N. H., on the first Wednesday of February succeeding, so as to have 

Dresden is, of course, now included in Hanover, and seems never to 
have been recognized as a separate town by New Hampshire. As that 
state numbered the towns, there were sixteen in the union, and the Ver- 
mont records correspond to that enumeration. 

'This patent, granted March 9, 1621, and New Hampshire, granted 
Nov. 1 [or 7], 1629, extended to the head only of Merrimac river, or to the 
present town of Franklin. In 1653, a committee appointed by the 
General Court of Massachusetts fixed the most northerly part of the 
Merrimac at the outlet of lake Winnepiseogee.— See Belknap's New 
Hampshire, vol. t, p. 87. This fixed the western boundary of the Mason 
patent on the river at the present town of Franklin at the confluence of 
the Winnepiseogee and Pemigewasset rivers. This Convention claimed, 
tor 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. JSoc. Coll., 
vol. it, p. xxvii, and proceedings of the Charlestown Convention of Jan. 
16, 1781. 



The Second Council— Oct. 1778 to Oct. 1779. 277 

convenient access to the Vermont Assembly, which was to be in session 
at that time in Windsor. Ira Allen stated that this committee first 
agreed to report in favor of annexing all the Np.w Hampshire Grants 
(the territory lying between Connecticut river and Lake Champlain,) to 
New Hampshire; but that, on assurances made by him on the authority 
of the Governor and Council, the report was changed, and made to con- 
form to the foregoing statement, and as it is printed in the record of the 
Charlestown Convention. 1 

Feb. 10, 3781, 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 c. nsummated, April 5, 
1781. The representatives of thirty-rive New Hampshire towns took 
their seats in the General Assembly of Vermont on the next day. Col. 
Payne then took his seat for Lebanon, in which town he resided until 
his death. His house still stands, near the outlet of Mascomy pond. 

At the September election, 1781, there was no election of lieutenant- 
governor by the people, and Col. Payne was elected, on the 12th of Oc- 
tober, by the Governor and Council " in conjunction with the Assem- 
bly;" and on the 26th he attended and was duly qualified. At the same 
session he was elected chief judge of the supreme court; and on the 10th 
of January 1782 he was appointed a delegate to Congress. One of the 
last recorded acts of the Council at that session was the appointment of 
" his honor Elisha Payne, Esquire, I> Governor, Hezaleel Woodward, 
Esq r - General Ethan Allen, John Fassett, [jr.,] Esq., and Matthew 
Lyon, a committee to make a draught of the Political affairs of this State 
to be published." Dec. 14th, 1781, Gov. Chittenden as Captain-General 
ordered Lieut. Gov. Payne as Major-General to call out all the militia 
in eastern Vermont, if need be, to resist any forcible attempt of New 
Hampshire to regain jurisdiction over the annexed towns. He was 
"ordered to repel force by force." In consequence of this, Lieut. Gov. 
Payne addressed the President of New Hampshire, Dec. 21, in the spirit 
of Gov. Chittenden's order, and of course in terms so firm and yet so con- 
ciliatory that peace was preserved. A copy of the governor's order had 
been, by Ira Allen's ingenuity, sent quickly and surely to President W T eare, 
and it delayed an intended military movement. Lt. Gov. P.'s assur- 
ance, that he would execute that order if necessary, undoubtedly con- 
firmed the decision of the New Hampshire Council against civil war. — 
See I. Allen's History, in Vt. Hist. Soc. Coll., vol. 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 Ruth wife of Capt. Na- 

1 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 Hoaves of Montpelier, were grand- 
children; and of, course all their descendants stand now in the order 
of great and great-great grand children. 

For many years; papers of Col. Payne were in the possession of his 
grandson, Col. Eltsha Payne Jewett of Montpelier, by whom they were 
given to the late Henry Stevens, and through him it is presumed the 
letter to President Wea**e has been given to the public. It is understood 
that in these papers wwe indications that, previous to the revolution, Col. 
Payne had been a deputy surveyor-general of the king's woods, whose 
business it was to prevent trespasses upon the pine trees which had 
been reserved in all (the New England grants for the royal navy ; and 
also that he had been an agent of Dartmouth College for selling or leasing 
its land and otherwise. The only early notice of the name of Payne 
in Belknap's New Hampshire is that, May 24, 1746, " Capt. Paine, 
with a troop, came to Number Four," [Charlestown, N. H.,] having 
been sent by the Massachusetts Assembly to the distressed towns on 
Connecticut river ; " and about twenty of his men, going to view the 
place where [Seth] Putnam was killed, fell into an ambush. The enemy 
rose and fired, and then endeavored to cut off their retreat. Capt. Phine- 
has Stevens with a party, rushed out to their relief. A skirmish ensued 
in which five men were killed on each side, and one of ours was taken. 
The Indians left some of their guns and blankets behind." If this means 
Elisiia Payne, he had become colonel previous to 1778. 

In this connection the facts are worth noting that, four days after the 
Vermont Assembly admitted the seventeen New Hampshire towns — in- 
cluding Dresden, — it also voted to take Dartmouth College under the pat- 
ronage of the State, appointed President Eleazer Wheelock justice of the 
peace for that corporation, and empowered its trustees to nominate an 
assistant justice. New Hampshire had previously given to the college 
the jurisdiction of a territory in Hanover three miles square, and made 
President Wheelock magistrate. He wished to have that territory ac- 
cepted as an independent town by the name of Dresden, but New Hamp- 
shire did not assent. There are other circumstances which indicate 
that officers of the college corporation were very active in the projected 
union, if not the originators of it. The first convention was in Hanover, 
and its committee asked for the union : Vermont assented, admitting 
the identical Dresden which New Hampshire had rejected as a town, 
adopting the college, and specialty 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 th October 1778. 

Resolved that M 1 - Matthew Lyon be appointed a Secretary Pro Tem- 
pore until Joseph Fay Esq r - can Attend. 

Resolved that the Sheriff be directed to Wait on Colonel [Elisha] 
Payne, a Councillor Elected, and request him to inform this Council rela- 
tive to his acceptance of said office, that in case of his refusal the Va- 
cancy thereby occasioned may be Supplied. 

[Oct.] 10. 1 

In consequence of Elisha Payne, Esq 1 '- (who was duly Elected a mem- 
ber of this Council for the present year) his declining such Service, This 
Council havechoosen Benjamin Emmons Esq r - to the office of Councillor 
in his Room, who has Taken the Necessary Qualifications required by 
Constitution. 



State of Vermont. In Council, Windsor 13 October 1778. 2 
Joel Marsh Esq 1 '- 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'v- P. Tern. 



State of Vermont. In Council, Windsor Oct. 15 1778. 

Zerubabel Mattisson having petitioned for a Mitigation of a fine of one 

hundred pounds L. money which said Mattisson was lined by the Special 

Court for the county of Bennington for Enimical Conduct some Time in 

Last, Resolved that fifty pounds of s d line be & is hereby Remitted. 

1 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 d August last, from the hon ble 
Meshech Weare Esq 1 '- President of the Council of New Hampshire, to 
his Excellency Governor Chittenden. — See Appendix G. 

2 The Assembly this day invited the Governor and Council to meet in 
committee of the whole to consider the protest of President Weare of 
New Hampshire against the union with Vermont of towns claimed by 
that state; and the committee of the whole met from day to day until 
the question was disposed of by a dissolution of that union. 



280 



Governor and Council — October 1778. 



[Oct.] 15. 
Robert Johnson appeared before this Council to answer to the Objec- 
tion against his having a Commission for L l Col°- of the 4 t!l Regiment 
made by Captain Hazelton & others. After hearing the Evidence & the 
parties, this Council are of opinion that the objection is Insufficient, 
Whereon Resolved that L l - Col°- Johnson be Commissioned accord- 
ingly. 



Windsok, Oct'- 20 1778. ) 
State of Vermont. In Council dale above. ) 
On petition of Ruth Chamberhn praying she may be divorced from 
her husband Amos Chamberlin as may be seen by petition on file, This 
Council after hearing the petition and the Evidence on Mature Delib- 
eration are of Opinion that she may be & is hereby Divorced from her 
said Husband, and a bill be granted to her accordingly. 

A list of the Justices of Peace choosen & authorized by Virtue of an Act of 
Assembly at Bennington June 17 1778. 



Pownal, Capt. Eli Noble. 
Bennington, Capt. Sam 1 - Robinson. 
Shaftsbury, 

Arlington, Capt. Jn°- Fassett Ju r 
Sunderland, Col°- Tim - Brownson. 
Manchester, Martin Powell. 
Dorset, Capt, Ab m - Underbill. 
Rupert, Reuben Harmon. 
Paulet, 

Dummerston, Jon a - Knight, 
Chester, Daniel Hield, [Heald.] 
Windsor, Thomas Cooper. 
Hertford, Elias Weld. 
Orford, Col°- Israel Morey- 
Lebanon, Jn°- Wheal ley. 
Corinth, [Cornish,] Win. Ripley. 1 
Dresden, Bezaleel Woodward. 
Westminster, Nath 1 - Robinson. 
Corinth, John Nutting & N. Fisk. 



Danby, 
Tin mouth, 



Colo- Gid. Warren. 



Wallingford, Abr 111 - Jackson Ju r - 

Wells, 

Poultney, W m - Ward. 

Castleton, Jesse Belknap. 

Clarendon, Nodebrah Angel. 

Rutland, Benj a - Whipple. 

Pittsford, 

Pomfret, John W. Dana. 
Putney, Amos Hale. 
Thetford, Tim°- Bartholomew. 
Barnard, Asa Whitcomb. 
Rockingham, Joshua W^ebb. 
Hartford, Joshua Hazen. 
Guilford, Capt. Levi Goodnough. 
Halifax, Ilubbel Wells and [Ed- 
ward] Harris. 
Townsend, Jos. Tyler. 



Judges of Probate in this State. 



Bennington District, 
Capt. John Fassett. 

Manchester District, 
Martin Powel Esq r - 

Eutland District, 
Joseph Bowker Esq r - 



Newbury District, 
Gen 1 - Jacob Bay ley. 

Hartford District, 
Paul Spooner Esq 1 '- 

District, 

Major Jn°- Shephardson. 2 



1 The justices for Corinth are below. Mr. Ripley represented Cornish 
in 1780-81. 

2 Mr. Shephardson resided in Guilford, and was at this date judge of 
the special court for "the shire of Westminster," which the editor sup- 
poses embraced the county of Cumberland, now Windham. March 24, 
1778, the Assembly " Voted, that the division line of the two shires on 
the east side of the mountains be the ancient county line." 



Governor and Council — October 1778. 281 

Windsor, October 20, 1778. > 
State of Vermont. In Council, date above. \ 
Resolved that Ichabod Walker be Allowed to have the Twenty acre 
Lot of Land which was formerly his Property in Rutland, at the Expi- 
ration of the Lease, by which John Smith & Asa Fuller now hold it. 
By order of Gov r - & Council, M. Lyon, D. S. P. Tern. 



In Council. Windsor October 23 1778. x 
David Remmington (upon his personal appearance & application & 
Taking the Oath of Alegiance to this State, & upon Recommendation of 
Col°- Jonathan Chace, Samuel Chace Esq 1 '- & Mr. Thomas Hall in whose 
Neighborhood he has Lived for about Eleven Months past) is hereby 
Allowed the Liberty & priviledge of Living in the County of Cumberland 
in this State, & he may acquire, hold, buy & Transfer property therein. 
By order of Gov r & Council, 

M. Lyon, Sec*?- P. Tern. 

[Oct.] 24. 
On petition, Anna Evans is Reprieved from the Sentence of Banish- 
ment passed against her by the Hon b,e Court of Commissioners in the 
Month of July last, & she is discharged on her paying the Cost. 

By order of Gov r - & Council, M. Lyon, D. Sec*- P. Tern. 



State of Vermont. In Council, Windsor, 26 Oct r - 1778. 
Watts Hubbert [Hubbard, Jr.,] under Sentence of imprisonment, re- 
questing this Council for Liberation, Therefore Resolved that on his 
making & subscribing a proper acknowledgment, & paying all the cost 
that has arisen on acct. of his former Tryal 8 * Guards and imprisonment, 

1 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 — 
Col°- 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 been indirectly dissolved 
although only on the 19th the General Assembly had agreed to the policy 
of an union to include all the New Hampshire towns west of the " Mason 
claim," and appointed a committee to present the proposition to New 
Hampshire and to Congress. Ira Allen wrote : 

Ira Allen, Esqr., was appointed and instructed to repair to the court 
of New Hampshire, in order to settle any difficulties that might subsist 
in consequence of said sixteen towns. Mr. Allen attended the General 
Court of New Hampshire, &c. — Vt. Hist. Soc. Coll. vol. 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 Order, Thomas Chittenden, Gov" r - 



State of Vermont, Arlington Nov. 24 1778. 1 
Then appeared Joseph Fay Esq 1- - and Took the oaths necessary to 
quailfy him for the office of Sec'y of this State. 

Before me, Thomas Chittenden, Gov rr - 

The End of the Proceedings of Council for the year 1778. 

Attest, Joseph Pay, Sec'y- 



RECORD OF THE GOVERNOR AND COUNCIL 

AT THE 

SESSION WITH THE GENERAL ASSEMBLY AT BENNINGTON, 

February, 1770. 



State of Vermont. In Council 11 th February, 1779. 2 

This day His Excellency Governor Chittenden, and the following 
Members of the Hon ble Council met in the Council Chamber in this 
place according to Adjournment, viz 1 - 

The Hon bles Joseph Bowker, Benjamin Carpenter, 

Paul Spooner, Moses Robinson, 

Tim - Brownson, 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: 

Resolved, that the justices of the peace, whose names are returned to 
the Governor, or that Shall be hereafter returned, shall be commissioned 
for the year ensuing. 

Resolved, that his Excellency the Governor's sallary, for the year en- 
suing, be three hundred pounds, lawful money. 

2 From the Assembly Journal: 

On motion made by his Excellency the Governor, Ira Allen Esq 1 "- 
made return of his mission to New Hampshire, and President Weare's 
letter of the 5 th of Nov r - was read, and also several others relative to the 
Union. — See Appendix G. 



Governor and Council — February 1779. 283 

Bennington, 12 Feb?- 1779. 1 

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 Draft of a 
Bill to be passed into a Resolution relative to the Union of Sixteen 
Towns East of Connecticut River & Report the same. Members cho- 
sen, M r - Fay & M 1 - Spooner. 

A petition from the Inhabitants [of Kent] 2 to the Hon ble 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 1 '- & Council 
are of opinion, that the Report of the Committee of Last October be 
accepted but no deeds Executed until the proper Lines of the Town can 
be ascertained. Member chosen M r - Allen. 

A petition & Remonstrance of Tim°- Moss being by the Assembly re- 
fered to the Gov r - & Council for settlement, on Examination found due 
50 Dollars. 

A petition or Remonstrance of Joseph Nelson being refered to Coun- 
cil for Settlement, was ordered to lay on the Table. Petition answered 
& no damage Allowed. 

Voted to choose one member of Council to join the Committee from 
the House to Take into consideration the petition of Captain Ebenezer 
Allen & others. Member chosen Mr. Carpenter. 

Adjourned to 8 °Clock Tomorrow. 



Satuhday, 13 February 1779. 

Met according to Adjournment. 

An ace 1 Laid before Council by L l - Lemuel Bradley on examination 
found due. 

Voted to choose a Committee of 4 to Examine the Claims of Capt. 
Ebenezer Allen. Members choosenM 1 "- Robinson, M r - Spooner, M r - Al- 
len & M r ? Bowker. The business of the day being refered, Adjourned 
to Monday 10 °Clock. 3 



Monday, 15 Feb?- 1779. 

Met according to Adjournment. 

The Committee choosen to Examine the Claims of Capt. Eben r - Allen 
Report as follows, viz*' that the said Allen requires a paymaster to be 
appointed, Whereupon, Resolved that Ira Allen Esq r - be & he is hereby 
appointed 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. 

1 From the Assembly Journal: 

Resolved that the Governor and Council be a court to confiscate es- 
tates lying in this state of enemies of this and the United States who 
have assisted or joined the enemy. 

2 Kent [Londonderry] probably. The Assembly on that day agreed 
to a report of a committee on such petition, for the confirmation of "bar- 
gains" in lands made by Col. James Rogers. 

3 From the Assembly Journal Feb. 13, 1779: 

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 Ap- 
pendix G.] 
To Michael Dunning, Commissioner of Sequestration : 

You are hereby directed to continue in the possession of a Lot of 
Land formerly the property of Adam Deal 1 late of Pownall, by giving a 
new Lease thereof to some suitable person before the l l day of April 
next. By order of the Governor & Council, Joseph Fay, Sec^- 

Adjourned to 8 °Clock Tomorrow. 



Tuesday 16 Feb?- 1779. 
Met according to Adjournment. 
Ree d - 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 ble Court of Confiscation, to make Confiscation & 
Sale of the Estates Lying in Cumberland County formerly the property 
of persons who have joined the Enemies of this and the United States. 

By order, M. Lyon, Clerk. 

True Copy, Jo s - Fay, Sec'v- 

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 r - Fay & M r - Allen. 

Having revised a number of Laws and prepared them to Lay before 
the General Assembly, voted to Adjourn to 8 "Clock Tomorrow morn- 
ing. 2 

Wednesday 17 February 1779. 

Met according to Adjournment and again entered upon the Revision 
of Laws to prepare them to lay before the General Assembly. 

Resolved to choose a Committee of one to join a Committee of the 
House to Take into Consideration the affair of the Soldiers of Captain 
Ebenezer 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 
report as by the journals of the House may appear. 

Having refered the business of the day, 

Adjourned to 8 °Clock Tomorrow Morning. 

1 Proscribed by the act of Feb. 26, 1779. 

'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, hon ble Jonas Fay 
and Paul Spooner Esquires were declared chosen for the purpose afore- 
said. 



Governor 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 improve- 
ment of the Land formerly the property of the said Fairfield, for the 
Support of herself and Family, whereupon Resolved that she have the 
improvement of Two 50 acre Lotts, viz 1 " that which she now dwells on, 
and one on the opposite side of the Road (on the North side,) for the 
year ensuing. P r order, Joseph Fay, Sec'v- 

Resolved that M r - Fay & M r - Bowker of the Council, join a Commit- 
tee from the House, to Take into consideration the petition of Capt. 
Eben r - Allen. Reported as by the journals of the House may appear. 

Bennington, 18 Feby- 1779. 
Voted M 1 - Brownson a Committee to join a Committee from the 
House to Take into Consideration the petition of Captain William 
Hutchins & others. Report as on the journals of the House may appear 

19 Feb>- 1779. 

Voted M r - Clark of the Council to join a Committee of the House, to 
Take into Consideration (& make report) the Petition of the Proprietors 
of Pownall, Reported as may appear on the journals of the House 

20 Feby- 1779. 

Having refered the business of the day, 
Adjourned to 8 °Clock Tomorrow morning. 



Friday February 19 1779. 

Met according to adjournment & proceeded to the business of the day 
viz 1 - revising Laws & prepairing them to lay before the General Assem- 
bly, having refered private business until Wednesday next which day is 
appointed to do any business necessary to be done. 

Adjourned to 8 °'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. 2 

M r - Jonathan Underwood: 

Sir, — You are herebj' 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 D d - M r -Underwood. Joseph Fay, Sec'y- 

Having concluded the business of the day Adjourned to 9 °Clock Mon- 
day next. 

1 Probably of Pawlet. 

2 Granting them one hundred and fifty acres of land in discharge of a 
debt due from the state to Sylvanus, their father. " Silvanus Everts " 
of Castleton was proscribed by act of Assembly six days after this vote, 
and this payment was therefore a remarkable instance of generosity. 
The sin of the father was not visited upon the children. 



286 G-overnor and Council — February 1779. 

Monday 22 d FebY 1779. 1 
Met according to Adjournment & proceeded to business, in revising 
Laws & prepairing them to Lay before the General Assembly. 

Voted to appoint a Committee of Two to join a Committee from the 
House to Take into consideration the State of our Frontiers & report the 
same to the House. Members chosen M r - Bowker & M r < Spooner. 
Adjourned to 9 °Clock Tomorrow. 



Tuesday 23 d Feb*'- 1779. 2 

Met according to Adjournment, & proceeded to business revising 
Laws, &c. 

The Committee appointed to join a Committee from the house to 
Take into consideration the State of our Frontiers, returned and report, 
as may appear on the journals of the house of this days date. 

Voted to choose a Committee of one to join a Committee of the House 
to Take into Consideration the petition of Sergeant John Train, relative 
to paying him and the Soldiers, who served under the Command of 
Captain Isaac Clark in the year 1778 & report as may appear on the 
journals of the house. Member chosen M r - 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 r - Clark. 

Adjourned to 9 °'Clock Tomorrow. 



Wednesday 24 February 1779. 

Met according to Adjournment, when it was motioned to join the 
house & resolve into a Committee of the whole, To Take into Consid- 
eration the State of our Northern Frontiers, which was accordingly done. 

Having Adjourned the Committee Proceeded to Take into considera- 
tion the petition of Arthur Bostwick, praying some consideration for Sheep 
belonging to him, & sold for the benefit of the State ; having considered 
the same, Resolved, that the Evidence to prove the Sheep sold (as 
Alledged in the petition) is not Sufficient, therefore the petition is dis- 
missed. Attest, Joseph Fay, Sec"y- 

Having Taken into Consideration the Complaint of Captain Samuel 
Robinson, against Abraham Vosbury for Breaking his Parole, & having 
heard and duly considered the Case with every Attending circumstance, 
do Judge the s d Vosbury Guilty of breaking his parole to the s d Rob- 
inson, Therefore order the said Vosbury to pay the Cost arising there- 
from, which is thirty Dollars, & to remain under the Care of "the said 
Robinson until this Judgment be Complied with, And then Dismissed. 

Attest, Joseph Fay, Sec'*- 

1 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. 

2 From the Assemhly Journal: 

Resolved, that the Counsellors and Representatives have six dollars 
pr. day during their present session to be counted from the time of their 
leaving their respective homes until they may conveniently return to the 
same, and one shilling pr. mile for horse. — [March 1, 1779, one Spanish 
milled dollar was worth $5,50 lawful money in Vermont. This pay there- 
fore was not large.] 



Governor and Council — February 1779. 287 

[Having] Taken into Consideration the petition of James Fletcher 
praying some consideration for Service done this State, expense of sick- 
ness, &c, whereupon Resolved to Allow & order paid one Months Wages 
which is found due. Attest, Joseph Fay, Sec^- 

Having Taken into consideration the petition of Zarubal [Zerubabel] 
Mattisson, heard & duly considered the case with every attending circum- 
stance relative thereto, do Juge and order that Twenty pounds be & is 
hereby remitted of the fifty pounds of which he now stands bound to pay 
agreeable to the Judgment of the Special Court. 
"The above Judgment is Complied with & money paid the Treasurer 
accordingly. Attest, Joseph Fay, Sec'v- 

Having Taken into Consideration the Case of John McNiel who prays 
for some relief for his family, Therefore Resolved to Allow him one hun- 
dred and thirty dollars to purchase one cow for the use of his family, 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 properly for sheep at Salisbury, & the Leather 
Left in the hands of Major Stephen Royce, or the Value thereof in 
money. Attest, Joseph Fay, Sec'v- 

Adjourned to nine °Clock Tomorrow at which Time the Committee of 
the whole are to join again. 1 

Thursday 25 Feby- 1779. 

Met according to Adjournment, & Took into consideration the petition 
of James Fletcher praying pay for Service done in the Militia of this 

1 From the Assembly Journal: 

Feb. 24. — Resolved that this Assembly be and are hereby resolved into 
a Committee to join with the Governor and Council to confer on the 
matter of guarding the frontiers. 

Resolved that the officers and soldiers who served under Capt. Clark 
last March and April have a right to their pay of said Capt. Clark and 
that the law is hereby declared to be open for such officers and soldiers 
to sue for and recover their pay of said Capt. Clark, and that in all such 
cases the under officers and soldiers of any detachment shall have a 
right to sue for and recover their pay of their officer after he has drawn 
their money and refused to pay the same. 

Whereas sundry persons inhabitants of this State have been sentenced 
to banishment by virtue of an act of Assembly passed at Bennington at 
their session in June last* some of which persons did not leave this 
State according to sentence and others have found means to return, so 
that the greater part of these persons do now reside in this State, which 
does greatly disturb the peace and happiness thereof as well as endanger 
the lives of the inhabitants, therefore 

Resolved that if any such person or persons which have been senten- 
ced to banishment as aforesaid shall be found in this State after the first 
day of May next (which have not obtained or shall not obtain a pardon 
or reprieve from their crimes from the Governor and Council of this 
State,) that such person or persons shall be whipt not exceeding forty 
stripes, to be repeated once a week, by order of any assistant or justice 
of the peace, so long as they shall continue in this State. 

Resolved that each of the above described persons be served with a 
copy of the above Resolve. 

* No record of this act is found. Two days after this, Feb. 26, 1779, 
one hundred and eight persons were, by name, banished by an act of the 
General Assembly. 



288 Governor and Council — February 1779. 

State, Whereupon, Eesolved 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 d petitions. 

On Petition of Michael Dunning for the farm formerly the property 
of Amos Dunning 1 his son for the Support of his Sons children &c. 
Whereupon Resolved that John Burnham Esq 1 '- 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 10 Settle with the Treasurer as 
soon as may be. P 1 - Order, Joseph Fay, Sec'v- 

To Capt. John Simonds. 

Adjourned to 8 °Clock Tomorrow. 2 



Met according to Adjournment. 



Ftciday 26 FebJ- 1779. 



Sir, — I am directed to desire you to sell the farm, formerly the prop- 
erty of Amos Dunning, (now the property of this State,) to Michael 
Dunning, upon condition, that he will give as much as it is really worth, 
or as much as it will sell for to any other person, Taking his obligations 
on Interest payable one year after sale for the same. 

]»y order of Governor & Council, Joseph Fay, Setfy- 

To John Burnham, Ju r - Esq r - 

Yoted Ira Allen Esq r - to go to New Hampshire to carry a Letter to 
the Hon ble Meshech Weare Esqr- President of Council, and Transact 
any other business Necessary to be done. 3 

Voted Jonas Fay Esq 1 *- 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 

1 Amos Dunning of Pownal was proscribed by the act of Feb. 26, 1779. 

2 Feb. 25. — Resolved that the Governor and Council be and hereby are 
appointed a board of war with full power to raise any number of men 
that shall by them be judged necessary for the defence of the frontiers 
and to make any necessary preparations for the opening campaign — any 
four of whom to be a quorum. 

Resolved that the Council be and hereby are impowered to liberate 
the tories under the care of Capt. [Samuel] Robinson or dispose of them 
according to their merit. 

Resolved that his Excellency the Governor and Council revise, pre- 
pare and make any necessary "alterations in the several laws and acts 
passed in the General Assembly and have the same printed as soon as 
may be. [The acts of 1779, as republished in Slade's State Papers, 
make 109 pages in fine type, which is fully equivalent to double that 
number of pages as usually printed now. It was the first statute book 
printed for the State.] 

3 See Appendix G. 



Governor and Council — February 1779. 289 

the Laws are printed & Circulated throughout this State, also that His 
Excellency with them prepare the Laws for the press. 1 



^eb. 24th the Assembly resolved to raise $15,000 by a lottery as a 
fund for military defence; and on the 26th the Governor was requested 
to write to Gen. Washington apprising him of the intention of the state 
to provide for the defence of the frontiers. He was also directed to issue 
a proclamation, directing all persons to observe the laws; and accordingly 
he issued the following: 

By His Excellency THOMAS CHITTENDEN, Esq., 

Captain-General, Governor and Commander in Chief in and over the State 

of Vermont: 

A PROCLAMATION. 

Whereas the virtuous efforts and laudable exertions of the good peo- 
ple of this State, have not only enabled them (by the benevolent in- 
terposition of the all-wise Governor of the universe) to frustrate the 
wicked devices, the despotic and tyrannical designs of their foreign as 
well as domestic enemies, but has procured to themselves the inesti- 
mable blessings of a free and independent government, and merited 
the esteem and confidence of the United States of America. 
And whereas it has ever been found (by universal experience) in all free 
governments, to be of the highest importance, both for the honor of 
God, the advancement of religion, and the peace, safety, and tranquil- 
ity of the inhabitants thereof, tbat good and wholesome laws be estab- 
lished, and justice impartially administered throughout the same, in 
order to secure each subject in the peaceable enjoyment of his rights 
and liberties both civil and religious. And whereas the laws of this 
State are now promulgated in a full and legal manner amongst the in- 
habitants thereof, whereby each subject may become acquainted with 
his duty: 

I have therefore thought fit, by and with the advice of my Council, 
and at the request of the General Assembly, to issue this Proclamation, 
and do hereby strictly require, charge, and command all persons, of what 
quality or denomination soever, residing within this State, to take notice 
thereof, and govern themselves accordingly, on pain of incurring the 
penalties therein contained. 

And I do hereby further strictly require and command all magistrates, 
justices of the peace, sheriffs, constables, and other civil officers, to be 
active and vigilant in executing the laws aforesaid, without partiality, fa- 
vor or affection. 

Given under my hand, and the seal of this State, in the Council Cham- 
ber, in Bennington, this 23d day of February,* in the third year of 
the Independency of this and the United States of America, and in 
the year of our Lord, one thousand seven hundred and seventy-nine. 

THOMAS CHITTENDEN. 
By his Excellency's command, with advice of Council. 

Joseph Fay, Sec'y. 

GOD SAVE THE PEOPLE. 

*Note.— This date is wrong, as the Proclamation was not authorized 
or drafted until Feb. 26. 



290 G- over nor and Council — February 1779. 

Voted Col°- Ethan Allen to wait [on] General Washington to ac- 
quaint him with the Situation of affairs Relative to the defence of the 
Northern Frontiers of this State. 1 

Resolved that Fifty Non Commissioned officers & Soldiers, Together 
with proper officers, be raised out of the Militia of this State for the de- 
fence of the Northern Frontiers of the Same, to Continue in Service un- 
til the 1 st day of May next unless sooner discharged — 30 men are to be 
raised out of Col°- Herrick's Regiment & 20 out of Col - Fletcher's Reg- 
iment. 

Warrent given John Benjamin Esq 1 '- Sheriff, to oblidge Watts Hub- 
bard [jr.] to pay & satisfy the Judgment of Council in October Last at 
Windsor, or Confine him to Certain Limits, & in case he the said Hub- 
bert Break over said Limmits on Conviction thereof before any Justice 
of the peace to Whip him on the naked back not Exceeding 20 Stripes 
nor Short of 10 Stripes. 

Adjourned until Tomorrow 9 °Clock. 



Saturday 27 Feby- 1779 s 

Met according to Adjournment. 

Sir, — In consequence of a Letter rec d - from you informing of some 
incroachments of the Enemy, I have written General Clinton, informing 
him of the Same. His answer you have inclosed, upon which I have 
ordered fifty men to be raised to join you to Continue in Service until 
the first of May next unless sooner discharged, & am directed to disire 
Capt. Smith to Continue with his men until relieved by the above men- 
tioned men to be raised. You will inform me from time to Time of the 
Situation of your post, and the particular Movements of the Enemy. 
I am Sir your Hum ble Servant, Tho s - Chittenden. 

To Capt. Gideon Brownson. 

1 On the next day Joseph Fay was appointed to wait upon Gen Wash- 
ington instead of Ethan Allen, who wrote the following letter: 

March, 1779. 

Sir: — The fifth campaign drawing near towards opening, and Lake 
Champlain (from the last intelligence) being broke up, and the enenvy's 
ships of force and scouting parties everyday expected down the Lake, 
which may annoy and massacre the frontier inhabitants, has given rise 
to great uneasiness, as the frontier is but weakly guarded and widely ex- 
tended, which has induced the Governor of this infant State, with the 
advice of his Council and House of Assembly, to lay before your Excel- 
lency the true circumstances of the Inhabitants. 

From the facts your Excellency will be able, with equal justice, to ad- 
just matters in this part of the Northern department, and grant such re- 
lief as shall be adequate to their necessitous condition. 

Undoubtedly your Excellency will readily conceive that this part of 
the Country have done more than their adequate proportion in the war, 
and though they are greatly reduced as to materials to maintain standing 
forces, yet on sudden emergencies the Militia is able and willing to face 
any equal number of the enemy, provided they should have no other re- 
ward but the satisfaction of defeating them. 

Ethan Allen. 

General Washington. 

2 The Assembly adjourned on the 26th to the first Wednesday in June, 
but the Council continued in session. 



Governor and Council — February 1779. 291 

Sir— I am directed by the General Assembly to Write to you request- 
ing you with the men under your Command to Continue at the post at 
Rutland fourteen days from the 26 Instant, These are therefore to request 
you to Comply therewith. Others will relieve & supply your place at 
that Time. I depend on it the frontiers will not be Left so bare at any 
future time as they now are so long as there shall be occasion for a 
Guard there. I have written to Capt. Brownson which I expect he will 
Communicate to you. Tho s - Chittenden. 

To Capt John Smith. 

Letter to Joseph Boivker, Esq r : 

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 Bumpus, & whatever is found due to pay 
the same to said Bumpus. P r - order, Joseph Fay, See'v- 

Voted Col°- Moses Robinson to Draft a Proclamation for a General 
Fast throughout this State. 

Voted Joseph Fay Esq r - in lieu of Col°- Ethan Allen to Wait on Gen- 
eral Washington to acquaint him with the Situation of the Northern 
frontiers of this State, &c. 

Sir, — As it is uncertain Wheather Matison & Lees place will fall into 
Clarindon or be States Land, You will not Sell it to any person at pres- 
ent but Lease it out to M r - Lemuel Roberts & his Brother for the pres- 
ent year. By order of the Gov 1 *- & Council, 

Joseph Fay, Sec'y- 

To Colo- James Claghorn. 

Voted Col°- Moses Robinson, Samuel Robinson Esq r - & Jonas Fay 
Esq 1 '- a -Committee to Settle M 1 - Ambrose Hubberts ace 1 - against the 
State. 

Voted that His Excellency the Gov r - be directed to give orders to 
Captain Fitch to furnish the wives of David Castle & Elijah Benedict of 
Paulet with one Cow Each during the pleasure of Council. 

Voted that the Judges of the Special Court be Allowed 2 Dollars p r 
day for the Tiyal of David Redden, [Redding,] who was Executed in 
this place in June last. 

Voted & Resolved that Widow Wright be released from paying the 
rent of the farm she lived on last year. The same Entered on her peti- 
tion to this Council & sent back to the s d Widow at Shaftsbury. 

To John Benjamin, Esq r - Sheriff: 

Sir, — You are hereby directed to Suspend 'the Execution of the Sen- 
tence of Banishment against Titus Simonds until the Sessions of the 
Council & Assembly in June Next, & you will keep him to Labour to 
pay for his Support until that time within the Town of Windsor, on pen- 
alty of his being Whiped not Exceeding 40 Stripes on the naked back 
on his Leaving said Town. p r - order, Joseph Fay, Sec'y- 

The End of Feb?- Session 1779. 

Joseph Fay, Sec'y- 



292 Executive Correspondence, March 1779. 



EXECUTIVE CORRESPONDENCE, MARCH, 1779. 



Bennington 5 March 1779. 
Sir, — Yours of yesterdays date bv L*- Butterfield I rec d this morning, 
and am very sorry the Troops raised for the Defence of the Northern 
frontiers arc delayed for want of Provisions. I enclose you a Copy at 
Large of a Letter I rec d from General Clinton, 1 by which you will Larn, 
that I am fully Authorized to raise such men & naturally implies that 
they are to [be] supported out of the Continental Store, which I trust 
you will deliver as soon as you obtain this knowledge. I will be answer- 
able if any Blame shall come against you on that account. 
I am Sir your Hum ble Servant, 

Thomas Chittenden. 
Enoch Woodbridge Esq r - C. 1. [Commissary of Issues. - ] 



Bennington 5 March 1779. 

Copy of a Letter to General 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' 8 interposition for their future Relief. The contiguous situ- 
ation of those inhabitants to the Enemy has rendered their Safety pecu- 
liarly uncertain from the first commencement of the present War ; the 
many alarms occasioned by the repeated approaches of the Enemy have 
kept its inhabitants in such a fluctuating condition as has rendered it 
impracticable for them to have secured any considerable supplies of pro- 
visions for their families beforehand. The encroachments of the Army 
under the Command of JJ- General Burgoyne into this State in the year 
1777, their daring Attempts to distroy this Town & the public Stores 
then deposited here, commanded the attention, as well as the most vig- 
orous exertions of those Inhabitants — and Altho there was then very 
plentiful Crops of Grain, Corn, Hay, &c, on the Ground, yet by reason 
of the Enemy, the inhabitants were prevented from securing any consid- 
erable part of it. That by their continuing in Service for the purpose of 
reducing General Burgoyne to a Submission, the season of the year 
was so far advanced as to put it out of the power of those in- 
habitants to make the necessary preparations for a Crop of Winter 
Grain on which they have ever had their Greatest dependence since the 
first settlement of this part of the Country. They are therefore princi- 
pally reduced to an Indian Cake in Scant proportion to the number of 
their Families, <fc by the distraction of their Sheep by the Enemy, their 
loss of them otherwise as well as their flax, their backs & their bellies 
have become Co Sufferers. 

In this deplorable Situation, may it please your Excellency, they re- 
main firm & unshaken, & being generally well armed and accoutred, are 
ready on any sudden Emergency and on the Shortest Notice to face & 
Encounter their inveterate foe Undaunted. But on Viewing their pre- 

1 Brigadier General James Clinton, of New York, of the continental 
service. 



Executive Correspondence, March 1779. 293 

sent Circumstances, it may be your Excellency may be prevailed on to 
make such Provisions for the Security of the Frontiers of this State 
(which is no less so to three other States) as may prevent the fatal 
necessity of those inhabitants being continued in Constant Service the 
ensuing summer. 

With this will be communicated a Copy of a Letter from General Clin- 
ton of the 25 ult°- by which your Excellency will perceive his redinessto 
Grant every relief in his power. In consequence of this Letter I have 
ordered the Continuance of the Company of Militia therein named & an 
addition of 50 men Exclusive of Commissioned officers to join them 
immediately. If after all that has been exhibited on this Subject it should 
be found inconsistent to adopt any other measures in the case, I desire 
an order may be granted for the Subsistence & pay of such officers & 
soldiers as may be found necessary to raise from time to Time within 
this State for the purpose aforesaid. The Bearer hereof, Joseph Fay, 
Esq r - in whose attachment to the Common cause your Excellency may 
repose the Greatest confidence, will be able to give any further inteli- 
gence in the primises, & patiently wait any advice or directions your 
Excellency may please to Communicate. 

I am Sir your Excellency ' s most 

Obedient and very Hum ble Servant, 

Thomas Chittenden. 

His Excellency Gen 1 Washington. 

Copy, Attest, Jos. Fay, Sec^- 



Arlington, 6 March 1779. 

Sir, — Your kind favour of the 25 ult. came to hand and in consequence 
of your advice I have ordered the continuance of the Company of Militia 
& an addition of fifty men more of the Militia of this State (exclusive 
of Commissioned officers) who will march this day to join Capt. Brown- 
sons Command at Rutland. 

This may serve to secure the Frontier inhabitants for the present, but 
as the Lakes are now open which affords an opportunity for the immedi- 
ate advances of the Enemy' s armed Vessels, such security is only Tem- 
pory & a greater force will be forthwith necessary to prevent the inhabi- 
tants removing with their Families and such of their effects as [they] 
may be able to bring with them. I sincearly thank you for the rediness 
which you have hitherto shown on all occasions to Communicate any 
relief in your power for those distressed inhabitants & desire you' d please 
to accept the same, & in the mean Time beg to know what further 
assistants you can afford them. 

I have no disposition to Trouble His Excellency Gen 1 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 r - in 
whom you may confide, will be ready to give you any further Inteligence 
in the premises in his power. 

I wish to be Indulged with an immeadiate answer to this that I may 
be the better Enabled to know what method will be adviceable for me to 
persue next for relief. 

I am D r [sir] your most 

Ob 1 Hum ble Servant, 

Thomas Chittenden. 

Brigadier Gen 1 Clinton. 



294 Governor and Council — March 1779. 

Bennington, 10 th March 1779. 
Sir, — Your favour of the 5 of November last was Seasonably dilivered 
me by Ira Allen Esq 1 '- 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 Resolution for disolving 
the union (so called) with sixteen Towns East of Connecticut River, 
which I have inclosed. 

The Laws of this State are now nearly fitted for the press & will be 
immeadiately printed & Circulated among the inhabitants, the execution 
of which I flatter myself will prove sufficient to quit [quiet] any distur- 
bances among the Inhabitants west of Connecticut river ; but as those 
on the East side (who have been heretoiore considered as being united 
with this State) are accomplices with some few diseflected persons on 
the west side of Connecticut river, in creating feuds and Jealousies to 
the disturbance of N. Hampshire, as well as this State, your wisdom 
therefore, in quelling those disturbances East of the river will doub- 
less [doubtless] prove Sufficient. 

The bearer, Ira Allen, Esq 1 '- 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 ble Servant, 

Thomas Chittenden. 
The Hon ble Meshech Wire [ Weare,} Esq r -^ President of the Council N. 
Hampshire. 1 

In Council, Arlington 12 March 1779. 
Sir, — You are hereby directed to diliver over the South Hundred 
acres of the farm formerly in the possession of Jeremiah French to John 
Fassett Jr., Esq., Commissioner of Sales of Land. 

Thomas Chittenden. 
Martin Powel Esq r -> C. Seq n - 

12. 
Sir, — You are hereby directed to make application to Martin Powel 
Esq r - of Manchester for the South hundred acres of the farm formerly 
in Possession of Jeremiah French, in which said Manchester, & Take 
the Same into possession, which you will keep until you have further 
orders from this Council. 

Thomas Chittenden. 
To John Fassett [Jr.,] Esq r ^ C. of Sales of Land: 

Council adjourned until the 4 th Wednesday of April next to meet at 
the house of His Excellency Thomas Chittenden in this Town. 

Attest, M. Lyon, D. Sec'v- 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. 

1 For documents on this subject see Appendix G. 



Governor and Council as Board of War. 295 

Arlington, March 11 th 1779. 
Board of War met at the House of his Excellency Thomas Chitten- 
den, Esq r - Members Present, 

His Excellency Tiiom. Chittenden, Esq 1 *- 

Honorable Joseph Bowker, Esq 1- - 

Honorable Timothy Brownson, Esq r - 

Honorable Joseph Fay, Esq r - 

Honorable Moses Robinson, Esq r - 

Honorable Ira Allen, Esq 1 '- 
and made choice of Matthew Lyon, Secretary of the Board of War. 

Arlington, March 11 1779. 

Resolved that the Capt. General issue an order to Col. Gideon Warren 
Commanding him to call forth one hundred men properly officered of the 
militia of this [his] Regiment forthwith on the reception of this, and to 
hold them in constant readiness at a minutes warning to inarch for the 
defence of the frontier Inhabitants of this State whenever he shall re- 
ceive intelligince from Capt. Brownson or other officer commanding the 
post at Rutland that the Lake Champlain is clear of Ice ; and that their 
pay commence three days before they March. 

Arlington, March 11 1779. 

D r Sir, — In consequence of repeated applications to me by the fron- 
tier inhabitants of this State, I have ordered one hundred men of Colo- 
Warrens regiment properly officered to be got ready immediately on the 
reception of their orders and to hold them in readiness to march at a 
minutes warning to your assistance whenever you shall certify him that 
the Lakes are clear of Ice, which I desire you to do as soon as you shall 
come to the knowledge of it. 

I shall send some directions to the inhabitants to remove, the particu- 
lars 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 Broivnson. 

N. B. — I am informed by Cap 1 - Fassett, that the inhabitants of Pits- 
ford have agreed to build a picquet in some convenient part of that town 
at their own expence, I would therefore recommend to you to afford 
them a detachment from your Command on the completion of the Pic- 
quit and the arrival of Col°- Warren's Militia. T. C. 
Copy. 

Arlington, March 12 th 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 Col°- Warren's Regiment you send them some relief to 
keep the same. Your humble servant, 

Thos. Chittenden. 

Capt. Gideon Brownson. 

Arlington March 12 th 1779. 

Whereas this State is a frontier to the Northern Enemy it is therefore 
necessary that some lines be ascertained where this State will attempt 
to defend the Inhabitants: 

Therefore Resolved that the North line of Castleton, the west and 
north lines of Pittsford to the foot of the Green Mountains, be and hereby 
is Established a line between the Inhabitants of this State and the Enemy, 
and all the Inhabitants of this State living to the north of said line are 



296 Governor and Council as Board of War. 

directed, and ordered to immediately move with their families and 
Eiiects within said Lines. This Board on the Petition of the Inhabitants 
do also recommend the Inhabitants of Castleton and Pittsford to im- 
mediately erect a Picket fort near the Center of the Inhabitants of each 
Town and that the women and children (excepting a few near the fort) 
move to some convenient place south and that the men with such part of 
their stocks as may be necessary remain on their farms and work in Col- 
lective bodies with their arms. 

War Office April 2 d at Arlington 1779. 
This Board having taken into their consideration the present defence- 
less situation of the frontier inhabitants of this State, and the dangers 
they must be immediately exposed to on the breaking up of the Lakes, 
have and do hereby resolve, that one hundred men exclusive of Com- 
missioned officers be immediately raised and officered in the several 
Regiments in this State hereafter named, for the immediate defence 
of the Frontiers thereof, who are to continue in service sixty days, in- 
cluding the day they march, unless sooner discharged, and that their pay 
commence two days before such march : 

That Colo- Samuel Herrick furnish Capt . ]st Lieut . N cS^TiKE2 

for the above purpose, 1 35 

That Colo- Sam*- Fletcher furnish 1 1 2<* 35 

That Col°- Joel Marsh do. 1 30 

1 3 100 

Resolved that the order to Col°- 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 Col°- Warren to raise 
one Captain one 2 d Lieutenant and filty non-commissioned officers and 
soldiers of his Regiment immediately and to hold them in constant read- 
iness to march on the shortest notice for the defence of the frontiers 
whenever he shall receive intelligence from the officer commanding the 
post at Rutland that the Lake is clear of Ice, and that their pay com- 
mence two days before they march, and to continue in service sixty days 
including the day they march, unless sooner discharged. 

Arlington, 2 d 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- t 
quests of those inhabitants are pressing, loud and repeated. I flatter* 
myself your men will cheerfully turn out on this occasion as I have rea- 
son to expect (by Mr. Fay's favourable return from head quarters) that 
provision will be made to defend the frontiers from a different Quarter, 
and perhaps sooner than sixty days, which if done the men will be 
sooner discharged. 

I am Dear Sir your humble servant, 

Thomas Chittenden. 

Sent to Col - S. Fletcher, Col - 8. Herrick, Col - Joel Marsh; Col - 
Gideon Warren. 

Letter to Col - Warren and orders — (Copy.) 

Arlington, 2 d April 1779. 
Sir, — The Board of War having taken into consideration the situation 
of the northern frontiers of this State, have resolved to raise a further 



Governor and Council — April 1779. 297 

supply of Troops for their security. Therefore you are hereby Com- 
manded forthwith to furnish by Draught, one Captain, one second Lieu- 
tentant and fifty able bodied effective men (in Lieu of the hundred last 
ordered,) and have them every way equiped with arms and every other 
necessary for a Campaign in defending said frontiers, to continue in ser- 
vice sixty days from the day they march (unless sooner discharged) and 
their pay to commence two days before they march. You will cause 
them to march agreeable to the orders for marching the hundred Last 
ordered. 

Orders sent since for one Serjeant in Lieu of a "2d Lieutenant. 

Tho s - Chittenden, Cap*- Gen 1 - 

To Col - Gideon Warren. 

Similar orders [to] above sent to the following Colonels & Regiments, 
viz. 

Capt. 

Colo- g am i- Fletcher, 1 

Col°- Sam 1 - Herrick, 

Col°- Marsh, 

Total, 100 

Debenture of War, Arlington April 3 d 1779 — Debenture providing Guard 

for the Frontiers. 
Jonas Fay Esq., 1 2-3 day, horse 16 shillings, £3 16 

[Receipt] Jonas Fay. 
Timothy Brownson, Esq., 1 day, horse 4 shillings, 2 

Tim y - Brownson. 
Jeremiah Clark, Esq., 1 1-2 day, horse 15 shillings, 3 8 

Jeremiah Clark. 
Moses Robinson, Esq., 1 2-3 day, horse 15 shillings, 3 15 

Moses Robinson. 
Joseph Fay, Esq., 1 2-3 day, horse 15 shillings, 3 15 

Joseph Fay. 

[£16 14 0] £17 12 



1st Lieut. 


2d Lieut. 


Privates. 





1 


35 


1 





35 


1 





30 



RECORD OF THE GOVERNOR AND COUNCIL 

AT A 

SPECIAL SESSION AT ARLINGTON, APRIL 1779. 



Arlington, April 29* h 1779. 
Whereas the General Assembly of this State at their Sessions held at 
Bennington the 23 d 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 pardonecl or reprieved by the Governor & Council, 
That such person or persons be whipped not exceeding 40 Stripes & 
continued Weekly: 

21 



298 Governor and Council as Board of War. 

And whereas the day to give the said persons a hearing for a pardon 
or reprieve being come, and James Breakenridge, Ebenezer Cole, & 
Jn°- MdSTiel, appearing, and made their request & plea — & their not be- 
ing a Sufficient number of the Council present, the said persons have 
not had a Determination according to the Intention of the Assembly — 
We therefore Recommend it to all Concerned that their punishment be 
Suspended until a decree of the Council be obtained in the premises. 

p r - 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 r - Late of Sunderland an Enimical person Dec d - & his Estate 
Confiscated, & that the Commissioner of Sales of such Estates has Omit- 
ted allowing her the said Mary a Cow, as has been the usual Custom in 
such cases — Therefore Resolved that the Treasurer be directed to pay 
unto the said Mary one hundred & Eight Dollars out of the public 
Treasury of this State in Lieu of all other Allowances. 

April 30, 1779. 
Upon the representation of Col - Gideon Warren a person Wounded 
in the Service, that the Hon ble the Congress of the United States did in 
the Month of August 1776 Resolve an allowance should be made as a 
Compensation to such officers & Soldiers as had or should in future be 
wounded, or maimed in the Service of the United States, part of which 
Allowance was made to him by the General Assembly of this State at 
their Sessions in June last — & praying a farther Allowance at this Time, 
Therefore Resolved that the Treasurer be directed to pay Col°- Gideon 
Warren one hundred and Twenty pounds out of the public Treasury of 
this State, & that the said Gideon Warren to account with the Treas- 
urer for such part of said sum (if any) as may appear to be over the sum 
allowed by Congress. 



PROCEEDINGS OF THE GOVERNOR AND COUNCIL 
AS BOARD OF WAR, 

MAY 1779. 



Tiie official record contains nothing of a special meeting of the Gov- 
ernor and Council May 6, 1779, to take measures for the enforcement of 
the authority of the state in Cumberland county. April 2d 1779 the 
Board of War had ordered a draft for men to reinforce the military on 
the frontier, a portion of the men to be drawn from Cumberland county. 
Gov. Clinton had previously commissioned officers there, and among 



Governor and Council as Board of War. 299 

others Col. William Patterson, 1 who had a regiment of about five hun- 
dred men. Under the direction of Patterson, the Vermont draft was 
resisted. Ira Allen stated that Gov. Chittenden, being duly informed 
of this, &c., "took speedy and secret measures to counteract them." This 
was effected by sending Ethan Allen with an armed force and the 
power to employ the posse comitatus, who promptly arrested Patterson 
and other officers, in all forty-four, the most of whom were indicted, 
tried, convicted and fined. The language of Allen implies that Gov. 
Chittenden took the sole responsibility of this important movement, 
and this, if it were the fact, accounts for the apparent omission in the 
record. It will be observed, however, that on the 2d of June following, 
the General Assembly appointed a committee " to wait on his Excellency 
the Governor and the honorable members of the Council present," and 
give the thanks of the Assembly " for their raising and sending the posse 
comitatus into Cumberland county." — See I. Allen's History, in Vt. His- 
torical Soc. Coll., vol. 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 Allen, &c. 

Whereas complaint hath been made unto me by Samuel Fletcher, 
Esq., commanding the first regiment of militia within this State, that on 
Wednesday the 28th day of April last, at Putney in the State afore- 
said, a large number of men consisting of near one hundred being un- 

1 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 was made sheriff of Cumberland county 
by New York in 1773, and held the office until the royal officers were 
arrested on the heel of the Westminster massacre. His first offence was 
the arrest and imprisonment of Leonard Spalding, " the hero of 
Dummerston," Oct. 1774, for condemning the Quebec bill, which, Spald- 
ing said, "made the British tyrant Pope of that government." Spalding 
was released by the interposition of the Whigs, after an imprisonment 
of eleven days. Patterson's next infamous act was heading the tory 
crew at the massacre at Westminster. That Gov. Clinton, a major-gen- 
eral in the continental army, should commission this man as a colonel in 
1778 is an extraordinary fact. Mr. Sabine, the author of The Boyalists 
in America, condemns Patterson, and adds, that of his life, subsequent to 
his residence in Vermont, " he has no certain information. A loyalist 
of this name, however, embarked at Boston with the British army for 
Halifax in 1776 — [this could hardly be the Vermont Patterson;] and I find 
the death of William Patterson (who had been Governor of the Island 
of St. John, Gulf of St. Lawrence,) at London, in 1798." — See Eastern 
Vermont; and Sabine's Loyalists of the American Bevolution. 



300 Governor and Council as Board of War. 

lawfully assembled under the command of a certain pretended Col. Pat- 
terson of Hinsdale, [Vernon,] did then and there by force and with 
violence take and convey from one William M'Waine a Serjeant be- 
longing to Capt. Daniel Jewet's company of militia, and in the said 
Samuel Fletcher's regiment, two Cowes which the said Serjeant 
M'Waine had previously" taken, one from James Clay, and the other 
from Benjamin Willson, both of Putney, by virtue of a warrant by 
legal authority [issued] directing the said Serjeant M'Waine to dispose 
of so much of the Estates of the said James Clay and Benjamin 
Willson, at public outcry, as would satisfy the fines of the said James 
and Benjamin [for] refusing to inarch or pay their proportion of raising 
men when legally draughted for the service of this and the United States 
of America agreeable to an act of the General Assembly of the Repre- 
sentatives of the Freemen of this State; and praying for relief in the 
premises, and being against the peace and dignity of the same: 

You are therefore hereby commanded, in the name of the freemen of 
the State of Vermont, to engage one hundred able bodied effective men 
as voluntiers in the County of Bennington, and to march them into the 
County of Cumberland seasonably to assist the Sheriff of said County to 
execute such orders as he has or may receive from the civil authority of 
this State, in order to put into execution at the adjourned session of the 
Superior Court to be holden at Westminster in the County aforesaid the 
26th day of May instant. Hereof you may not fail. 

Given under my hand at Arlington this 6th day of May A. D. 1779. 
Thomas Chittenden, Captain General. 

[From the Record of the Board of War.] 

War Office, Shaftsbury, May 13*. 1779. 
Resolved that fifty able bodied effective men, non-commissioned offi- 
cers and soldiers properly officered, be forthwith raised of the Militia of 
the County of Bennington, to serve forty days from the day they march, 
in guarding the northern frontiers of said County and protecting its in- 
habitants from the incursions of the Enemy, unless sooner discharged. 
And 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 6th of May 1779 to 
Continue in force untill the 10 th of July next unless sooner discharged. 

Copy of a Letter to Col - Warren. 

Arlington, May 14 th 1779. 
Dear Colonel, — I have received your favour of the 16 th [6th, probably,] 
instant some days since but have thought proper to wait the determina- 
tion of the Board of War before I answered it. By the enclosed orders 
you will see the present determination of the Board of War. Your Ex- 
ertions at the time of Cap*- Brownson's being called away, your disposi- 
tion of the Militia and care for the forts greatly pleases me. I perceive 
by Cap 1 - Sawyer's return that there is yet 13 men behind of the 60 days 
men. I beg of you to take care that they be sent on without delay, as 
also those in the inclosed order. I flatter myself this will be the last 
we shall have occasion to call for this Summer, and had not Capt, Brown- 
son been unluckily called away we should not had occasion to call this 
last time. I am dear Sir your most obedient servant, T. C. 



Governor and Council as Board of War. 301 

Copy of orders to Col. Warren. 

Pursuant to a Resolve of the Board of War yesterday you are hereby 
commanded, immediately on the reception of this, to detach or draught 
one Ensign and twenty-five able bodied effective non-Commissioned 
officers arid Soldiers of your Regiment and have them everyway equiped 
with arms and every other necessary for a Campaign in defending the 
Northern frontiers, to continue in service forty days from the time of 
marching. You will cause them to march to Rutland as soon as possi- 
ble, and they are to be under the Command of Captain Thomas Saw- 
yer, who is to be their Captain and Commands the post. 

Given under my hand at Arlington this 14th day of May 1779. 

"Thomas Chittenden," Cap in - Gen 1 - 

Col°- Herrick has orders of Like Tenour save I> in Lieu of Ensign. 

Copy of orders for Captain Thomas Sawyer Commanding at Fort Banger, 
dated Arlington, May W h 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 Castleton and one at Pittsford, dependant on yours, 
you are to take care that they be properly manned and provided for pro- 
portionable to your Strength at fort Ranger. You will keep out con- 
stant scouts towards the Lake so as to get the earliest intelligence of the 
motions and designs of the Enemy. You will keep the command of 
Fort Ranger and the other forts depending untill otherwise ordered by 
me or untill some Continental officer shall take the command. You will 
post the earliest intelligence of the motion of the Enemy to me and 
guard against surprise. Given under my hand, 

Tho s - Chittenden, Cap L Gen 1 - 

Copy of Letter to Col - Herrick. 

Arlington May 14 th 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 60 days men have 
not yet arrived at Rutland from your Regiment. I do earnestly request 
you to examine into the cause of the delinquency and cause them to be 
forwarded without delay, as also those in the enclosed order, as the In- 
habitants are under great apprehensions of the Enemy's coming upon 
them. I remain Sir your very humble serv*- 

Tho s - Chittenden. 
Col. Herrick. 



302 Governor and Council — June 1779. 



RECORD OF THE GOVERNOR AND COUNCIL 

AT THE 

SESSION OF THE GENERAL ASSEMBLY AT WINDSOR, 

JUNE 1779. 



The following is a Copy of a resolve of the General Assembly, viz t: 

In General Assembly June 2 d 1779. 1 
Voted & Resolved, that Mr. [Edward] Harris [of Halifax,] Mr. [Silas] 
Webb [of Thetford,] & Col. [John] Strong [then of Dorset, afterward of 
Addison.] be and are hereby appointed a Committee to Wait on his Ex- 
cellency the Governor & the Hon ble Members of the Council present & 
give them the thanks of this Assembly for their rasing & sending the 
Posse Commitatis into Cumberland County in Mny last for the purpose 
of apprehending the Rioters who were Tried at Westminster. 

P r order, M. Lyon. Clerk. 

Copy, attest, Joseph Fay, Setfy- 



In Council, Windsor June 3 d 1779. 
Sir, — You are hereby required to Call the male Inhabitants of the 
Town of Whitingham between the age of 16 and 60 years, or such as 
have a right by Law to vote for the choyce of Militia officers, to meet at 
some convenient time and place in s d town to be by you appointed, as 
soon as may be, & to Lead them to the choice of a Captain, one Lieuten- 
ant & one Ensign, & make returns of the persons thus chosen to this 
Board in order to their being duly Commissioned. 
By order of the Gov r & Council, 

Jonas Fay, Sec'v- P. T. 
Lt. Silas Hamilton. 

In Council, Windsor June 3 d 1779. 

Voted & Resolved that Jonas Fay Esq r - be & is hereby appointed 
Secretary P. Tern. 

Sir, — You are hereby directed to Convene such of the inhabitants of 
N. Fane as are qualified by Law to vote for Militia officers to meet at 
some convenient Time and place in said Town to be by you appointed, 

^rom the Assembly Journal: 

Resolved that this Assembly do approve of the method heretofore 
taken by the Board of War for the defence of the frontiers ; and do re- 
commend them to attend to the defence of the frontiers. 

Resolved that his Excellency the Governor and any four members of 
the Council be and they are hereby invested with all the powers that 
have been hitherto given to and made use of by the Court of Confisca- 
tion. 



Governor and Council — June 1779. 303 

and lead them to the choyce of one Captain, one L*- & one Ensign, & 
Return their names to this Board as soon as may be in order to their 
being duly Commissioned. 1 

p r Order, Jonas Fay, Sec'v- P. T. 

[No address on the record.] 



In Council, Windsor 3 d June 1779. 2 
Resolved that M r - Stephen R. Bradley be & he is hereby appointed to 
prepare, and bring into this board as soon as may [be] a draft of a Proc- 
lamation to be Issued by his Excellency in regard to the diseffected in- 
habitants of the. County of Cumberland. 3 

By order of the Gov r - & Council. 

Jonas Fay, Setfv- P. Tern. 
Resolved, that M r - Allen & M r - Carpenter be & they are hereby ap- 
pointed a Committee to adjust acc ts with M 1 • Alden Spooner, Printer. 

4. 
On the Representation of M 1 '- Timothy Bartholomew, that the Child- 
ren of M 1 *- James Munn Late of Thetford, an Enimieal person deceased, 
were suffering for the Necessaries of Life, an order is therefore Issued 
to Joseph Horsford, Commissioner of Sequestration, ibr the rent of the 
s d Munus farm the present year to be appropriated for the relief of said 
Children. Attest, Jonas Fay, Sec'v- P. T. 

1 The resistance of Col. Patterson to Vermont was within the bounds of 
Col. Samuel Fletcher's regiment. Whitingham and Newfane were also 
in his regiment. These orders therefore were made to enforce the au- 
thority of Vermont against New York. On the same day the Assembly 
ordered the selectmen of the towns in Cumberland county to seize all 
the u stocks of ammunition lodged in the hands of the enemies of this 
State" in towns in that county. The phrase "enemies of this State" 
seems to include the adherents to New York as well as tories. The fact 
was, however, that several at least of the leading adherents to New York 
were also tories. 

2 From the Assembly Journal: 

Ira Allen Esq r - made report of his mission to New Hampshire and 
sundry papers relative thereto was read — and Ira Allen Esq 1 "- was un- 
animously chosen by ballot an Agent to transact the affairs of this State 
at the Council and General Assembly of the State of New Hampshire. 

Resolved, that His Excellency the Governor be and be is hereby re- 
quested to write to the Council and General Assembly of the State of 
New Hampshire informing them that it is not agreeable to this Assem- 
bly that the Assembly of the State of New Hampshire lay any jurisdic- 
tional claim to the west of Connecticut River. — See Appendix G. 

Resolved, that a Surveyor General be appointed to procure copies of 
all Charters that ever was made of lands lying in this State in order to 
make out one General plan of this State in order to know where vacant 
lauds are ; and it shall be his duty to follow the instructions he shall 
from time to time receive from the Governor and Council or from this 
Assembly. 

The ballots being taken, Ira Allen Esq r - was Elected Surveyor Gen- 
eral. 

3 See Appendix H. 



304 G-overnor and Council — June, 1779. 

Windsob 4 June 1779. * ) 
State of Vermont. In Council, dale above, f 
Sir, — You are hereby directed to Take the wife and family of Titus 
Simonds, 2 and Transport them to the officer Commanding at Kutland, 
Consulting him in some Method to Transport said family within the 
Enemies Lines in Canada. 

By order of the Gov 1 '- & Council, 

Jonas Fay, Sec'v- P. T 
To Capt. Simonds of Andover. 

4th. 
Sir, — You are hereby ordered to Confirm to M r - 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 1 *- 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 rs - Sarah Wright wife of 
the aforesid Zadock Wright Esq 1 '- the improvement of the seven acres of 
plowing, six of Mowing & the pasturing of three Cows, ten sheep & one 
horse free of rent for this year. — Also the priviledge of Fallowing any 
quantity of said farm not leased as aforesaid & sowing the same this 
Season for her own & her families use. 

Hy order of Council, 

Jonas Fay, Sec'v- P. Tern. 
To Paid Spooner, Esq 7 '- 

In Council Windsor 4 th June 1779. 
Resolved that M r - Emmons, M r - Spooner & M r - Allen be & they are 
hereby appointed a Committee to Settle the acc e - exhibitted by M r - Rob- 
inson & order payment of what shall be found due. 

[June] 4 th - 
Resolved that M r - Noah Smith be & he is hereby appointed a paymas- 
ter for the Militia agreeable to a Resolution of the General Assembly of 
this State of the 22 d of Feb>'- last, and his Excellency is hereby directed 
to Give him a Warrant accordingly. 3 

[From the Record of the Board of War.] 

Board of War, Windsor, 5 th June 1779. 
Resolved that one hundred and fifty men officers included of the mili- 
tia of this State be raised immediately to serve as a guard at the post at 
Rutland and the frontiers of this State, to Continue in service two 
months from the day they march, unless sooner discharged, and their pay 

x 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. 

2 In the superior court for Cumberland county, held at Bennington in 
Dec. 1778, a complaint was entered against Titus Simonds of Hertford, 
[Hartland,] charging that he went over to the enemy on the 4th of Sep- 
tember 1777. His property was confiscated. 

3 The Assembly adjourned without day on the 4th of June, but the 
Council continued in session to the 12th, sitting a portion of the time as 
Board of War. 



Governor and Council — June, 1779. 305 

to commence two days before they march, and that they be taken from 
the several regiments in the following proportion (viz.) 





Capt. 


Lt. 


En. 


Serj. 


R. &file. 




Col°- Fletcher, 


1 


1 


1 


4' 


33 — 


40 


Colo- Herrick, 





1 


1 


2 


31 — 


35 


Col°- Marsh, 


1 





1 


3 


30 - 


35 


Col°- Warren, 


1 








2 


22 — 


25 


Colo- Qicott, 





1 





1 


13 — 


15 



3 3 3 12 129 - 150 

The record of the Governor and Council contains no entry for the 7th 
of June, but the following is found in Ethan Allen Mss., in the Secre- 
tary of State's office, pp. 289-290: 

State of Vermont. In Council, Windsor, June 7 th 1779. 
Resolved that the Capt. General's orders of the 6 th 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 26 th day of May last, and his Excel- 
lency's Proclamation of the 3 d instant, be published. 2 

Extract from the Minutes. Jonas Fay, Sec'v- pro tern. 

Windsor 12 June 1779. 
Resolved that Col°- Ethan Allen and the Hon ble Jonas Fay Esq 1 ' be 
and they are hereby directed to Wait on the Hon ble the Grand Council 
of America as soon as may be, and they and Each of them are hereby 
recommended to that Hon ble Board to do and Transact any business that 
Concernes the State of Vermont. 

By order of the Gov r - & Council, Joseph Fay, &ec>- 

2 The Proclamation extended a pardon to "all persons indicted, in- 
formed against, or complained of," &o, "provided nothing herein con- 
tained be construed to extend tD any person to whom judgment has al- 
ready been rendered.'''' The portion of the court record published was, 
most probably, the part which recited the judgment of the court against 
Col. Eleazer Patterson and twenty-nine others. The list is as follows: 

Eleazer Patterson, John Sargeants, Elkanah Day, James Clay, Mi- 
chael Gilson, Lucas Nelson, Timothy Church, Micah Townsend, James 
Blakeslee, James Clay jr., Benjamin Whitney, Samuel Root, -John Nor- 
ton, John Sessions, Ephraim Clay, Medad Wright, Bela Willard, Joseph 
Willard, Bildad Easton, Daniel Sabin, Noah Sabin, William Pierce, Noah 
Cushing, Samuel Wheat, Francis Cummings, James Cuinmings, Joseph 
Jay, Thomas Pierce, Thomas Willson, and Benjamin Butterfield. — 
Eastern Vermont, p. 344. 

Some of these, probably most, afterward submitted to the authority of 
Vermont. 



306 Governor and Council — July 1779. 



PROCEEDINGS OF THE GOVERNOR AND COUNCIL 

AT A 

SPECIAL SESSION AT ARLINGTON, JULY 1779. 



Copy of a letter to Asa Douglas Esq r - 

In Council Arlington 29th July 1779. 
Sir,-1 have laid before my Council the matter relative to the claim 
you mention the Natives have to this part of the Country, but they be- 
ing in some Measure unacquainted with the Justice of their Claim, 
thought it most proper that a Matter of such consequence should be 
Laid before the General Assembly 'of this State at their next Sessions, 
on the second thursday of November [October] next to be held at Man- 
chester, at which Time & place you probably can have an opportunity 
to exhibit their Claim, & in the mean Time. I am Sir your 

Humble Servant, Thomas Chittenden. 

Arlington July 29, 1779. 1 > 
State of Vermont. In Council. \ ' 
The Council having taken into Consideration the Petition of Abel 
Spencer, Joseph Randall, & Abraham Stewart, praying that part of a 



1 From the Record of the Board of War: 

Board of War, Arlington 29 th July 1779. 

Two Letters from Cap 1 "- Thomas Sawyer commanding the post at 
Rutland dated 26 th & 27 th instant request assistance in Guarding the 
frontier inhabitants of this State, and a Letter and Petition from the 
Inhabitants of s d Rutland of the 27 th instant of the same purport was 
read: 

Whereupon Resolved that fifty able bodied effective Men be immedi- 
ately enlisted as Volunteers to serve in guarding the frontier inhabitants 
of this State and to continue in service until the sixteenth day of No- 
vember next unless sooner discharged, and that each such man be al- 
lowed Eighty pounds Bounty (thirty on entering the service and fifty 
when discharged) and three pounds p r - month in addition to the Conti- 
nental pay. 

Resolved that the above fifty men be Commanded by one Captain and 
two Lieut 8 - and that the Cap 1 be allowed in addition to the Continental 
Pay and for recruiting money the sum of three hundred pounds, and 
that each Lieu 1 - be allowed for the above purpose two hundred pounds, 
and that they receive each one hundred pounds on his engaging, and the 
remainder on their being discharged.* 

Board of War, Arlington, 29 th July 1779. 
Sir, — Yours of the 26 th and 27 th instant P r - Lieutenant Post together 
with a Letter from a No. of the Inhabitants of the town of Rutland I 
have laid before this Board, in consequence of which the board have or- 
dered one Company of Rangers to be forthwith Raised consisting of fifty 
able bodied Volunteers exclusive of Commissioned officers to be sent to 
your immediate assistance, who are to continue in service till the 15 th 
of November next, and in the mean time (while this Company is a Rais- 

*Aug. 1, 1779, .f 1,200 in lawful money were required to equal 100 
Spanish milled dollars $12 for $1.— State Papers, p. 430. 



Governor and Council — July, 1779. 307 

fine laid on them (severally) of one thousand pounds by the Superiour 
Court might be relinquished, did thereupon Resolve that five hundred 
pounds be relinquished of said fines. 

By order of Council, Jonas Fay, Sec h J- P. Tern. 

In Council, Arlington 31* July 1779. 
Resolved that the Honorable Jonas Fay & Paul Spooner Esquires, two 
of the agents appointed by the General Assembly of this State at their 
session in February last to Transact the Political business of this State 



ing) measures are adopted (which the Board conceive) will be sufficient 
to secure the Inhabitants on the frontiers. You will Communicate this 
to the Inhabitants of Rutland &c. and let them know that nothing shall 
at any time be wanting (in the power of this Board) to render their sit- 
uation as secure as the nature of the ground will admit. 

I am Sir your humble Servant, Thomas Chittenden. 

To Cap 1 - Thomas Sawyer. 

Board of War, Arlington, 30 th July 1779. 

Sir, — In consequence of repeated applications to this Board by the dis- 
tressed inhabitants of the Northern frontiers, and the present attempts 
of our Enemy to distroy them, you are hereby required to raise as m iny 
Volunteers as you can within your Regiment immeadiately, properly 
officered, well armed and accoutred, with six days provisions each, and 
hold them in readiness to join Col°- Sam 1 Herrick with a part of his Re- 
giment, and to March with him to Lake Champlain to secure or distroy 
the Wheat now standing contiguous to S d Lake, and to follow such other 
orders and directions as you shall receive from time to time from this 
Board or Col"- Herrick. Provisions will be sent you afterward for your 
supply, and ammunition. 

By order of the Board, Jonas Fay, Secy- P. T. 

Col°- Gideon Warren, 

Similar orders were issued to Col°- Herrick at the same time for the 
the same purpose. 

Board of War, Arlington, 80 th July 1779. 
Resolved, that Twenty six able bodied effective men of the Militia of 
this State be raised, properly officered and marched to the post at Rut- 
land by the 15 tb 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. 

Privates. 

That Col°- Fletcher furnish for the above purpose, 6 

Col°- Herrick, 6 

Col°- Marsh, 6 

Col°- Warren, 5 

Col°- Olcott, 3 

Board of War, Arlington 30 th July 1779. 

£r, — Pursuant to a resolution of the Board of War, you are hereby re- 
quired to raise five able bodied effective men of your Regiment, and 
order them marched to the Post at Rutland, and delivered \o the Com- 
manding officer there on the fifteenth day of August next, who are to 
continue in service in guarding the Frontiers two months unless sooner 
discharged, and make return of your doings hereon to this Board as 
soon as may be. 

By order of the Board, Jonas Fay, Sec'v- P. Tern. 

[No address on the record. It should have been to Col. Warren.] 



308 Governor and Council — July 1779. 

with the Honorable the Congress of the United States of America, be & 
they are hereby instructed to repair to that Hon blP Board as soon as may 
be and request Copies of such Letters and the Resolutions had thereon 
in Congress (which relate to the affairs of this State) as they or either 

Similar orders agreeable to the above Proportion was issued to the 
other Col os - at the same time and for the same purpose. 

Arlington, 30 th July 1779. 

Sir, — Pursuant to a Resolution of the Board of War, you are hereby 
required to raise six [five, see resolution above,] able bodied effective 
men of your Regiment, and order them marched to the Post at Rutland 
and delivered to the Commanding officer there on the fifteenth day of 
August, who are to continue in Service in guarding the frontiers two 
months unless sooner discharged, and make return of your doings hereon 
to this board as soon as may be. 

By order of the Board, Jonas Fay, Sec'y- P. Tern. 

Col - Gideon Warren. 

[This was of course intended for one of the three colonels who was to 
furnish six men.] 

Arlington, 30 th July 1779. 

Gentlemen,— The Board of War having taken into consideration the 
important matters contained in yours of yesterday, together with repre- 
sentations they had previously received from the Inhabitants of the 
frontiers, and by M • Fay who is present, have come to the following res- 
olutions, (viz.) that Col°- Sam 1 - Merrick be required to raise as many 
volunteers as he and the principal officers of his Regiment shall judge 
necessary for Defeating the diabolical designs of the present encroach- 
ments of the Enemy on the Northern frontiers, and to either secure or 
destroy the Grain now on the Ground near Lake Champlain, and that 
the s d - expedition be carried into execution with the utmost secresy and 
dispatch. 

Resolved that Col°- Gideon Warren be required forthwith to raise as 
many Volunteers as possible within his Regiment to join Col°- II er- 
rick's, and act in conjunction with him in executing the above resolu- 
tion. 

The necessary orders are issued to the officers of the Militia to carry 
the above Resolves into Execution. Relying on your engagements to fur- 
nish them with every necessary supply for that purpose, 
I am Gentlemen with sentiments of Esteem 

your ob*- humble servant, Thom s - Chittenden. 

Mr. Isaac Tichenor & others.* 

Board of War, Arlington, 30 th of July 1779. 

Sir, — You are hereby directed to issue your order to the several Field 
officers commanding the several Regiments of Millitia within this State 
to see that their men be well armed and every way Equip d - 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'v- P. T. 

Brigadier Gen 1 - [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, 1111.— Early History, p. 471. 



Governor and Council — July 1779. 309 

of them may Judge Necessary, and they are further to request a Copy 
of Ihe report of the Committee appointed by Congress the first day of 
June last u to repair to the inhabitants of a certain district known by the 
name of the New Hampshire Grants,' 1 and to transact any other busi- 
ness that concerns this State which they may find necessary. 

By order of the Governor & Council, Joseth r ay, Sec'y- 1 



The following resolution was not entered in the record of the Gover- 
nor and Council. It was given in II. Hall's Early History, p. 303, from 
the pamphlet which was printed by order of the resolution: 

State of Vermont. In Council, Arlington, 23 d of August, 1779. 

Resolved, that the following Vindication be forthwith published, and 
that a Number of the Pamphlets be sent to the Congress of the United 
States, and to the General Assembly of every of these States; and that a 
Number be likewise sent to the Generals and other principal Officers of 
the Continental Army, for their Consideration. 

Per order of the Governor and Council, 

Joseph Fay, Sec'ry. 2 

1 From the Record of the Board of War: 

Arlington, Q th August 1779. 

Sir, — The Board of War having resolved to raise by inlistment fifty 
able bodied effective men as a Company of Bangers 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 pounds p r - month 
in addition to his Continental Pay; that the Captain be allowed in addi- 
tion to his Continental Pay and for recruiting money the sum of Three 
hundred Pounds, [and] the Lieutenants Two Hundred Pounds each: 
you are appointed by the Board to Command the Company & L*- Spen- 
cer of Bennington first Lieutenant, who has accepted it, is left with you 
to nominate your other officers. I desire you to repair immediately to 
me to Receive the necessary orders for yourself & them, at which time 
you will be made acquainted with the manner of Payments both for the 
officers and eighty pounds Bounty to each non-Commissioned officer and 
soldier. I am Sir your hum ble Serv** 

Tho s - Chittenden. 

Capt. Parmerly Allen. 

P. S. — I earnestly desire you to accept of this appointment, but if any 
extraordinar} r matter should prevent it, you will acquaint the bearer 
therewith that another might be appointed without loss of time. 

2 By a resolution of the Assembly of Oct. 21, 1779, Ira Allen was ap- 
pointed to visit the Assemblies of New Jersey, Pennsylvania, Delaware, 
and Maryland, and to transmit to them copies of the above named 
Vindication. The printed arguments of Ethan Allen, and the per- 
sonal appeals of Ira, availed much. In a list of the states for and against 
Vermont, made by James Madison on the first of May 1782, each of 
these states, (with Connecticut, Massachusetts, and Rhode Island,) was 
counted for Vermont. — See Vt. Hist. Soc. Coll., vol. II, p. 268. For a 
copy of the Vindication, see Appendix I. 



APPENDIX. 



APPENDIX A, No. 1. 



PROCEEDINGS OF THE "CONGRESS" AND "COMMITTEES 
OF SAFETY" FOR CUMBERLAND COUNTY. 

June 1774 to September 1777. 



The first uprising in the New Hampshire Grants against " the land- 
jobbers of New York" was mainly in Western "Vermont; and as the 
state government originated in that uprising, and was, for the most part, 
the work of Chittenden, the Aliens, the Fays, and the Robinsons, all of 
whom resided west of the Green Mountains, their acts have figured most 
largely in all histories of the state. Eastern Vermont was nominally 
under the jurisdiction of New York, and for many years a majority at 
least of the leading men in that section were content to submit to it. 
But it should be remembered that while these men were " Yorkers," in 
the phrase of their day, most were also whigs, and, getting rid of the tories, 
they ultimately united heartily with the western whigs in establishing 
Vermont as an independent state. The records of their acts therefore are 
part of the history of the state, and justly demand recognition and pres- 
ervation. 1 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, 

1 The fact should be noted that for twenty years after settlements to 
any considerable extent had been made in what is now the territory of 
Vermont, the eastern half contained much the largest part of the popu- 
lation. Dr. Samuel Williams estimated the population of Cumberland 
and Gloucester counties, [Windham, Windsor, and Orange,] to be in 
1771 about two thirds of the people in the whole territory ; and in 1791 
the number on the east side was 43,970, and on the west side 41,569. — 
Williams's Vermont, vol 2, p. 478. 
22 



314 Appendix A, No. 1. 

to whom the editor of this volume is greatly indebted for their use. 
Copies of these, with other interesting papers, have been furnished by 
Hon. James H. Phelps of West Townshend, to whom the Vermont 
Historical Society and the State are under obligations for important con- 
tributions to the history of Vermont in its early days. To B. H. Hall, 
Esq., author of the History of Eastern Vermont, credit is also due for 
citations, references, and statements which have been very useful. Al- 
though the source of each important paper is indicated as given, a par- 
ticular acknowledgment to these gentlemen, in this form, is justly due. 



MEETINGS IN 1774. 
Conventions. 

May 16, 1774, a committee of correspondence, consisting of fifty mem- 
bers, was formed in the city of New York for the purpose of eliciting 
the sentiments of the people of the respective provinces, and particu- 
larly of New York, on the measures of the mother country in respect to 
Jier American colonies. Of this committee Isaac Low ' was chairman. 

Two days before he was confirmed in that office, he addressed the super- 
visors of Cumberland county, May 21, 1774, asking information as to the 
sentiments of the people. The supervisors met in June, but took no ac- 
tion on this letter, and in fact endeavored to conceal it. By accident, 
Doct. Reuben Jones of Rockingham and Capt. Azariah Wright of West- 
minster 2 heard of it, and immediately notified their towns, when a meet- 

1 Isaac Low was a leading merchant in New York, and in 1774 a very 
ardent whig, having been appointed chairman of the committee of cor- 
respondence, May 23, 1774. " Let us," he wrote in an appeal to the peo- 
ple, as chairman, " with the brave Romans, consider our ancestors and 
our offspring. Let us follow the example of the former, and set an ex- 
ample to the latter. Let us not be like the sluggish people, who through 
a love of ease ' bowed themselves and became servants to tribute,' and 
whom the inspired prophet, their father, justly compared to asses. Had 
I the voice which could be heard from Canada to Florida, I would ad- 
dress the Americans in the language of the Roman patriot/' He was a 
member of the first Continental Congress, and also of the New York 
provincial Congress in 1775. But notwithstanding his ardor as a whig, 
and these high positions, he was wealthy, and, probably to save his prop- 
erty, he became a loyalist when the British army controlled New York. 
In 1782, when Sir Guy Carleton occupied the city, Low was President 
of the New York Chamber of Commerce. The whig government of the 
State, however, attainted him and confiscated his property, when he 
went to England, where he died in 1791. His brother Nicholas Low 
was a firm and honored whig through the struggle.— Sabine's Loyal- 
ists of the American Revolution. 

2 Doct. Reuben Jones of Rockingham, afterward of Chester, was 
among the earliest and most ardent of the whigs of Cumberland County. 



Appendix A, No. 1. 315 

ing was held and a committee appointed in each of those towns to wait 
upon the supervisors at their September session and inquire whether 
any papers had been received which ought to be laid before the several 
towns of the county. The supervisors, with many excuses for their 
delay, produced Low's letter, when a copy of it was sent to each town, 
and a County Convention was called to meet at Westminster on the 19th 
of October. In response, on application of four inhabitants, Col. Thom- 
as Chandler, clerk of Chester, called a meeting of the freemen of that 
town, which was held on the 10th of October and appointed a commit- 
tee of five to join the County Committee for the purpose of preparing a 
report to be sent to the New York Committee of Correspondence. The 
proceedings 'jf that meeting, which are entitled to the honor of being the 
first recorded, were as follows — a literal copy from the record: 

Chester Town Meeting, Oct. 10, 1774. 
October 3 d 1774. 
Request We the Subscribers Inhabitants of the Town 

for a of Chester Desire 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 Com tee to make Eeport to s d Com tee 
of Correspondence and Whither the People 
will Stand for the Priviledges of North America 
or Wither they are Willing to Consent to Re- 
ceive the Late Acts of Parliament as Just 



He was very active in stirring up the people to arrest the loyal court 
after the Westminster massacre, riding express and hatless to Dum- 
merston on this errand ; and it is from his pen we have the full account 
of that affair in the "Relation" published hereinafter. He was also an ar- 
dent supporter of the independence of 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. Azariah Wright served in John Burk's Company in the 
old French war, and in 1757 was stationed at Hinsdale's fort. In 
1770 he was captain of militia in Westminster, and a leading whig in 1774. 
On the Westminster massacre in March 1775, he was very efficient with 
his company in arresting the leaders of the court party and dispersing 
their adherents. In 1778 he with twelve men went to Quebec. In 1779 
he was greatly offended because Thomas Chandler jr. was speaker of the 
Vermont Assembly, and wrote two queer letters to the Governor and 
Council and Assembly, which caused the resignation of Chandler. — See 
B. H. Hall's Eastern Vermont for details as to both Jones and Wright. 



316 



Appendix A, No. 1. 



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 3 d 1774 

George Earl, David Hutchinson, Will 111 - 
Atwood, Jonathan Tarbell. 1 

Warrant Agreeable to the above Eequest 

or I hereby Notify the Inhabitants of 

Notific Chester to meet at the House of M r - 

tion Jonathan Tarbel in s d 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 Eequest, if they See Cause given under 
my hand in Chester this Third Day 
of Octo r A D 1774 

Tho Chandler Supervisor 

& Clerk. 



Meeting 
opned 

Mode- 
rator. 



At a meeting of the Inhabitants of the 
Town of Chester Duly Notified and meet at 
the usuall place of Meeting Octo r - 10 th 1774 

Tho s - Chandler Esq 1 " Chosen Moderator 

Voted that Thomas Chandler Jun r ' Timo Olcott, 
Moses Gile, John Smith, and John Grout 
be a Comt ee to Joyn with the County Com tee to make 
Report to s d Comt ee of Correspondence in the 
Metropelous of this Province 

At said meeting Resolved 
first That the People of America are 
Naturally Intitled to all the Priviledges of 
Free Borne Subjects of Great Britain, which 
Privileges they have Never Forfeited. 

2 ] y Resolved that Every Mans Estate Honestly 
Acquired is his Own and no person on Earth 



1 George Earl was one of the jury of inquest to inquire into the 
death of William French, which sat at Westminster March 15, 1775; 
captain of the Chester company of militia, Aug. 15,1775; and a member 
for Chester of the Cumberland County Committee of Safety in 1776. In 
the last capacity, he united with six other members in a protest, Nov. 7, 
1776, against further proceeding, as a committee, because the action of 
the majority was " Repugnant to the resolves of the Hon ble Continental 
Congress." The matter was compromised, and the protestants resumed 
their seats; but their protest stands as proof of their fidelity as patriots. 
— Jonathan Tarbell was first lieutenant in Earl's company. — See 
B. H. Hall's Eastern Vermont; also record of Cumberland County Com- 
mittee of Safety, Nov. 5-9, 1776, post. 



Appendix A, No. 1. 317 

has A Eight to take it Away without the 
Proprietor Consent unless he forfeit it by 
Some Crime of his Committing 

3 l >' Eesolved that all Acts of the British 
Parliament Tending to take Away or 
Abridge these Eights Ought not to be 
Obeyed 

4 } y Eesolved, 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 Eights 

Then the meeting was Desolved 

Test Tho Chandler Moderator 
Entered p r Tho Chandler Clerk. 

Chester, April 29th, 1873. 
A True Copy of Eecord, 

Chas. Eobbins, Town Cleric. 



First Cumberland County Convention, Oct. 19, 1774. 

The County Convention, which had been called to meet at Westmins- 
ter on the 19th of October 1774, met on that day and was in session two 
days. The following is its record, which was published for the first time 
in Holt's New York Journal in June 1775. 

TFrom American Archives, Fourth Series, vol. II, 1775, Cols. 1065-10(56.] 

At a meeting of the Committees from a number of Townships in the 
County of Cumberland and Province of New-York, held in the County 
Hall, at Westminster, on the 19th and 20th of October, 1774, to consider 
a Letter very lately received from Mr. Isaac Low, chairman of the Com- 
mittee of Correspendence of New-York, dated May 21st, 1774, to con- 
sult on measures proper to be taken at this important day: present, 
eighteen Delegates from twelve Towns. 1 

Colonel John Hazeltine, 2 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 

1 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, Halifax, 
Marlborough, and Woodstock. 

2 John Hazeltine came to Townshend from Upton, Mass., soon after 
the first settlement in 1761, and was a prominent man in the town and 
county, often called to preside in public meetings. His patriotism was 
of an ardent and energetic sort, and won for him the title of " King 
Hazeltine," from John Grout, who was so notorious in the state as a 
tory and pestilent fellow as to secure his banishment by the act of Feb. 
26, 1779. The whigs of the county esteemed Mr. Hazeltine highly, as 



318 Appendix A, No. 1. 

raising a revenue in America, the Boston Port Bill, so called, and divers 
other late Acts of the British Parliament; sundry debates being had 
thereon, 

Voted, That John Grout, 1 Esquire, [of Chester,] Mr. Joshua Webb, [of 
Westminster,] Doctor Paul Sx>ooner, [of Hertford, now Hartland,] Mr. 
Edward Harris, [of Halifax,] and Major William Williams, [of Marlbo- 
# rough,] be a Committee to take into consideration the aforesaid Letter, 
and divers aforesaid Acts, and report to this meeting. Who reported as 
follows: 

This County being in its infant state, contending with -the hardships 
of subduing the wilderness, and converting it into fruitful fields, being 
situated here in a corner, at a considerable remove from the populous, 
civilized parts of the Country, conceive they, by their own experience, 
in a small degree feel the sufferings of their ancestors. 

The first planters in America endured hunger, cold, and other dis- 
tresses, until they, by their arduous industry, found suitable relief from 
their bountiful fields and their own expenses; and as the people of this 
County were chiefly born in some one or other of the New Eyigland 
Provinces, and conceive them to be at least as loyal to the King as any 
subjects he can boast of, are surprised to find, by the late Acts of Parlia- 
ment, that all Americans are deprived of that great right of calling that 
their own, which they by their industry have honestly acquired; are sur- 
prised to find a power arise in Britain, which, with impunity say, they 
have a right to bind the Colonies in all cases whatsoever, and attempt 
to exercise that authority, by taking, at their pleasure, the properties of 
the King's American subjects without their consent, especially since 
some of "the former Kings of Great Britain by charter granted to their 
subjects in New England, their heirs, and assigns, and all others who 
should settle within certain boundaries, divided into Colonies, all the 
liberties and Privileges of natural free-born subjects of England; yet, 
notwithstanding this, that such a power should arise under the mere in- 
spection of the King, unrebuked, to claim all American property, and 
actually to take as much as they please, in direct breach of the solemn 
compact between a former King, on his part, and his successors, made 
with the first planters of these Colonies, and others that after should be 
born among them, or join them, or be born on the seas when going 
thither; and we do not conceive those whose rights are as aforesaid sol- 
emnly declared, are more sacred in respect of the security of their prop- 
erty, than the right of this and other Colonies whose rights are only 
natural as British subjects; for he who has nothing but what another has 
power at pleasure lawfully to take away from, has nothing that he can 
call his own, and is, in the fullest sense of the word, a slave — a slave to 
him who has such power; and as no part of British America stipulated 



was evinced on various occasions, but especially in selecting him as the 
person to whom bonds with security were given by sundry of the per- 
sons who had been arrested for participation in the " Westminster mas- 
sacre." Col. Hazeltine was appointed a delegate from Cumberland 
county to the Provincial Congress and Convention of New York, May 
23, 1775. He attended, but remained only three days. His name ap- 
pears in Deming's Catalogue as representative of Townshend in the 
Vermont Assembly in 1791, '94 and '95.— See B. H. Hall's Eastern Ver- 
mont. 
1 See preceding note. 



Appendix A , No . 1 . 319 

to settle as slaves, the privileges of British subjects are their privileges, 
and whoever endeavours to deprive them of their privileges is guilty of 
treason against the Americans, as well as the British Constitution. 
Therefore Resolved, 

I. That as true and loyal subjects of our gracious Sovereign, King 
George the Third of Great Britain, &c, we will spend our lives and for- 
tunes in his service. 

II. That as we will defend our King while he reigns over us. his sub- 
jects, and wish his reign may be long and glorious, so we will defend 
our just rights, as British subjects, against every power that shall at- 
tempt to deprive us of them, while breath is in our nostrils, and blood 
in our veins. 

in. That considering the late Acts of the British Parliament for 
blocking up the port of Boston, &c. , which we view as arbitrary and un- 
just, inasmuch as the Parliament have sentenced them unheard, and 
dispensed with all the modes of law and justice which we think neces- 
sary to distinguish between lawfully obtaining right for property injured, 
and arbitrarily enforcing to comply with their will, (be it right or wrong,) 
we resolve to assist the people of Boston in the defence of their liberties 
to the utmost of our abilities. 

iv. Sensible that the strength of our opposition to the late Acts con- 
sists in a uniform, manly, steady, and determined mode of procedure, we 
will bear testimony against and discourage all riotous, tumultuous, and 
unnecessary mobs which tend to injure the persons or properties of 
harmless individuals ; but endeavour to treat those persons whose abom- 
inable principles and actions show them to be enemies to American lib- 
erty, as loathesome animals not lit to be touched or to have any society 
or connection with. 

v. Resolved, That we choose a Committee to correspond with the 
other Committees of Correspondence of this Province and elsewhere, and 
that Mr. Joshua Webb, John Grout, Esquire, Deacon John Sessions, [of 
Westminster,] Major William Williams, and Captain Jacob [Joab] Hois- 
ington, [of Woodstock,] be a Committee as aforesaid. 

vi. Resolved, That the thanks of this Committee be given to the Com- 
mittee of Correspondence in the capital of this Province, for the notice 
they have taken of this infant County. 

vn. Resolved, That Mr. Chairman forward these Resolves to Mr. Low, 
Chairman of the Committee of Correspondence at New- York, and com- 
municate to him by Letter the reasons why his Letter to the Supervis- 
ors of this County was answered no sooner. 

vill. Resolved, That Colonel Hazeltine, the Chairman, have the thanks 
of this Committee for his good services as Chairman. 

The above Report being divers times read, paragraph by paragraph, 

Voted, nemine contradicente, That the same be accepted as the sense of 
this meeting, and as their Resolves. 
By order of the Convention : 

John Hazeltine, Chairman. 



Dummerston Town Meeting, Oct. 29, 1774. 
The next in the order of revolutionary events in Cumberland County, 
was a meeting of a majority of the inhabitants of Dummerston, occa- 
sioned by the imprisonment, on the preceding day, of one of the boldest 
and most ardent whigs of that town, — Lieut. Leonard Spalding, 1 who 

1 See ante p. 154 for notice of Mr. Spaulding. 



320 Appendix A, No. 1. 

was charged with treason. The official account is as follows, as copied 
from the records of Dummerston by B. H. Hall: 

On the 28th of October, A. Dom. 1774, Lieut. Leonard Spaulding of 
the town of Eullham alias Dummerston, was Committed to the Common 
goal for high treason against the British tyrant George the third, by the 
direction of the infamous Crean Brush, his attorney, &Noah Sabin, Wil- 
liam Willard, and Ephraim Ranney, Esqrs., and Win. Paterson the high 
Shreeve, and Benj. Gorton, and the infamous Bildad Easton, and his 
Deputies -, 1 upon which, on the following day, viz. October the 29th, a 
majority of the inhabitants met near the house of Charles Davenport 
on the green, and made Choice of Sundry persons to Serve as a Commit- 
tee of Correspondancy to joyne with other towns or respectable bodies 
of people, the better to secure and protect the rights and priveleges of 
themselves and fellow-cretures from the raveges and imbarrassments of 
the British tyrant, & his New York and other immesaries. 

The persons made choice of were these, viz., Solomon Harvey, John 
Butler, Jonathan Knight. 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 Dummerston, Putney, Guilford, Halifax 
and Draper, [Wilmington,] who discovered a patriotic Zeal & true heroic 
fortitude on the important occation. The plain truth is, that the brave 
sons of freedom whose patience was worn out with the inhuman insults 
of the imps of power, grew quite sick of diving after redress in a Legal 
way, & finding that the Law was only made use of for the Emolument of 
its Creatures & the immesaries of the British tyrant, resolved upon an 
Easyer Method, and accordingly Opened the goal without Key or Lock- 
picker, and after Congratulating Mr. Spaulding upon the recovery of his 
freedom, Dispersed Every man in pease to his respective home or place 
of abode. The afforgoing is a true and short relation of that Wicked 
affair of the New York, Cut throatly, Jacobitish, High Church, Toretical 
minions of George the third, the pope of Canada & tyrant of Britain. 2 



Second Cumberland County Convention, Nov. 30, 1774. 

When the u non-importation, non-consumption, and non-exportation 
association" adopted by Congress Oct. 20 1774, together with the ten 
resolutions previously adopted, (which were declaratory of the rights of 
the people of the colonies and accompanied by a summary of the wrongs 
attempted by the British parliament,) became known, John Hazeltine, 
by the advice of some of the leading men of the county, issued a circu- 
lar dated Nov. 13, calling another convention to meet at Westminster 
on the 30th of that month. On the 28th, the inhabitants of Chester met, 

1 Jacob Laughton of Dummerston, born Sept. 10, 1760, was living in 
1851, and informed B. H. Hall that " Lieut. Spaulding was a resolute 
man," and that " it took three or four Yorkers to conquer him when he 
was committed to the jail at Westminster." 

2 Account entered by Doctor Solomon Harvey in the records of 
Dummerston. vol. I, pp. 18-20. — See B. H. Hall's Eastern Vermont, pp. 
200-203. 



Appendix A, No. 1. 321 

appointed two delegates to the proposed county convention, and instruct- 
ed them to use their best endeavours to procure a vote of thanks to the 
continental Congress "" for their good services," and an assurance that 
the people of the county would "fully comply with their advice and res- 
olutions." Their delegates were also directed to procure certain in- 
structions to Samuel Wells and Crean Brush, the representatives of the 
county in the New York legislature, one of which was to exert tw their 
best skill and wisdom" to choose deputies to represent New York in the 
congress of the colonies called to meet at Philadelphia in the succeeding 
month of May. On the same day the people of Dummerston also met, 
adopted similar measures, and another which was particularly significant 
of the earnest patriotism of the town : it was an order to the town asses- 
sors, to "assess the town in a Discretionary sum of money, Sufficient to 
procure 100 weight of gun powder, 200 weight of Lead and 300 Hints, for 
the town use." This tax was payable in '* potash salts, 11 and a commit- 
tee was appointed to receive the salts. 1 

The County Convention met at Westminster on the 30th pursuant to 
the invitation, but only a summary of its proceedings has been preserved. 
It is contained in "A Relation of the proceedings of the people of the 
County of Cumberland, and Province of New York," dated " Cumber- 
land County March 23^ 1775." The "Relation" is copied entire, post, in 
connection with an account of the " Westminster Massacre." 
This account of the Convention of Nov. 30 1774 was as follows : 
Immediately after [the convention of October 30 1774,] the people of 
the county aforesaid received the resolves of the continental congress. 
They called a county congress, and did adopt all the resolves of the con- 
tinental congress as their resolves, promising religiously to adhere to 
that agreement or association. There was a committee of inspection 
moved for, to be chosen by the county, according to the second resolve 
[11 th article] of the association aforesaid: but being much spoken against 
by a justice and an attorney, 2 and looked upon by them as a childish, 
impertinent thing, the delegates dared not choose one." 3 

1 B. H. Hall's Eastern Vermont, p. 204, citing the manuscript records of 
Chester and Dummerston. 

2 The attorney was probably John Grout of Chester ; the justice may 
have been Samuel Wells of Brattleborough — both being tories. 

3 The people of Dummerston were dissatisfied with the failure of the con- 
vention in this important point, and in town meeting, Jan. 3, 1775, chose a 
committee of inspection of seven persons, Doctor Solomon Harvey at their 
head, whose business it was to watch " the conduct of the inhabitants ;" 
and also, as the acts of this committee demonstrated, to exclude tories or 
negligent whigs from every public office. They removed from office two 
of the town assessors, for refusing to execute the vote of the town as to 
ammunition ; disarmed a citizen who was supposed to be a tory ; and 
prevented another town officer from performing his official duties until 
he by his conduct proved himself to be a whig. The example thus set 
by Dummerston was generally adopted by other towns afterward. — See B. 
H. Hall's Eastern Vermont, p. 205. 



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 collecting their dues 
in the province of New Hampshire. "'—Eastern Vermont, p. 204. 

The resolutions and articles of association of the continental Congress, 
by adoption, became the all important part of the proceedings of this 
Convention, as well as the best exponent of the prevailing sentiment of 
the people of eastern Vermont at that day. They also show the intense 
patriotism of the country at large, and the universal sympathy for the 
persecuted and suffering inhabitants of Boston. They were these : 

Declaration and Resolves of the Continental Congress. 

Friday, October 14, 1774. 

The Congress met according to adjournment, ana resuming the sub- 
ject under debate —made the following declaration and resolves : 

Whereas, since the close of the last war, the British parliament, claim- 
ing a power, of right, to bind the people of America by statutes in all 
cases whatsoever, hath, in some acts, expressly imposed taxes on them, 
and in others, under various pretences, but in fact for the purpose of 
raising a revenue, hath imposed rates and duties payable in these colo- 
nies, established a board of commissioners, with unconstitutional powers, 
and extended the jurisdiction of courts of admiralty, not only for collect- 
ing said duties, but for the trial of causes merely arising within the body 
of a county : 

And whereas, in consequence of other statutes, judges, who before held 
only estates at will in their offices, have been made dependant on the 
crown alone for their salaries, and standing armies kept in time of peace : 
And whereas, it has lately been resolved in parliament, that by force of a 
statute, made in the thirty-fifth year of the reign of King Henry the 
eighth, colonists may be transported to England, and tried there upon 
accusations for treasons and misprisions, or concealments of treasons 
committed in the colonies, and by a late statute, such trials have been di- 
rected in cases therein mentioned : 

And whereas, in the last session of parliament, three statutes were 
made : one entitled " An act to discontinue, in such manner and for such 
time as are therein mentioned, the landing or discharging, lading, or 
shipping of goods, wares and merchandize, at the town, and within the 
harbour of Boston, in the province of Massachusetts-Bay, in North 
America ;" another entitled " An act for the better regulating the prov- 
ince of Massachusetts-Bay in New England ;" and another entitled "An 
act for the impartial administration of justice, in the cases of persons 
questioned for any act done by them in the execution of the law, or for 
the suppression of riots and tumults, in the province of the Massachu- 
setts-Bay in New England ;" and another statute was then made, "for 
making more effectual provision for the government of the province of 
Quebec, &c." All which statutes are impolitic, unjust, and cruel, as well 
as unconstitutional, and most dangerous and destructive of American 
rights : 

And whereas, assemblies have been frequently dissolved, contrary to 
the rights of the people, when they attempted to deliberate on griev- 
ances ; and their dutiful, humble, loyal, and reasonable petitions to the 
crown for redress, have been repeatedly treated with contempt by his 
majesty's ministers of state : 



Appendix A, Nb.l. 323 

The good people of the several colonies of New-Hampshire, Massa- 
chusetts-Bay, Rhode-Island and Providence Plantations, Connecticut, 
New- York, New-Jersey, Pennsylvania, New-Castle, Kent, and Sussex on 
Delaware, Maryland, Virginia, North-Carolina, and South-Carolina, 
justly alarmed at these arbitrary proceedings of parliament and adminis- 
tration, have severally elected, constituted, and appointed deputies to 
meet, and sit in general Congress, in the city of Philadelphia, in order to 
obtain such establishment, as that their religion, laws, and liberties, may 
not be subverted : Whereupon the deputies so appointed being now as- 
sembled, in a full and free representation of these colonies, taking into 
their most serious consideration, the best means of obtaining the ends 
aforesaid, do, in the first place, as Englishmen, their ancestors in like 
cases have usually done, for asserting and vindicating their rights and 
liberties, DECLARE, 

That the inhabitants of the English colonies in North America, by the 
immutable laws of nature, the principles of the English constitution, 
and the several charters or compacts, have the following Rights: 

Besolved, 1ST. C D. 1. That they are entitled to life, liberty, aud prop- 
erty: and they have never ceded to any sovereign power whatever, a 
right to dispose of either without their consent. 

-Resolved, JV. C. D. 2. That our ancestors, who first settled these colo- 
nies, were at the time of their emigration from the mother country, enti- 
tled to all the rights, liberties, and immunities of free and natural born 
subjects, within the realm of England. 

Besolved, JST. C. D. 3. That by such emigration they by no means for- 
feited, surrendered, or lost any of those rights, but that they were, and 
their descendants now are, entitled to the exercise and enjoyment of all 
such of them, as their local and other circumstances enable them to ex- 
ercise and enjoy. 

Resolved, 4. That the foundation of English liberty, and of all free 
government, is a right in the people to participate in their legislative 
Council: and as the English Colonists are not represented, and from 
their local and other circumstances, cannot properly be represented 
in the British parliament, they are entitled to a free and exclusive power 
of legislation in their several provincial legislatures, where their right 
of representation can alone be preserved, in all cases of taxation and 
internal polity, subject only to the negative of their sovereign, in such 
manner as has been heretofore used and accustomed: But, from the ne- 
cessity of the case, and a regard to the mutual interest of both countries, 
we cheerfully consent to the operation of such acts of the British parlia- 
ment, as are, bona tide, restrained to the regulation of our external com- 
merce, for the purpose of securing the commercial advantages of the 
whole empire to the mother country, and the commercial benefits of its 
respective members; excluding every idea of taxation, internal or exter- 
nal, for raising a revenue on the subjects, in America, without their 
consent. 1 



1 It will be observed that this resolution was not, as most were, unani- 
mously adopted — "N. C. D." There was a difference of opinion as to 
the power of parliament to regulate trade, some holding that it should 
have the power for " the mutual interest of both countries;" while some 
objected, in the words of Mr. Gadsden of South Carolina, that " a right 
of regulating trade is a right of legislation, and a right of legislation in 
one case is a right in all." The resolution, as above, in the last clause, 
from the words "But, from the necessity of the case, and a regard to the 



324 Appendix A, No. 1. 

Resolved, A T . C. D. 5. That the respective colonies are entitled to the 
common law of England, and more especially to the great and inestima- 
hle privilege of being tried by their peers of the vicinage, according to 
the course of that law. 

Resolved, 6. That they are entitled to the benefit of such of the Eng- 
lish statutes, as existed at the time of their colonization, and which they 
have, by experience, respectively found to be applicable to their several 
local and other circumstances. 

Resolved, N. C. D. 7. — That these, his majesty's colonies, are likewise 
entitled to all the immunities and privileges granted and confirmed to 
them by royal charters, or secured by their several codes of provincial 
laws. 

Resolved, N~. C. D. 8. — That they have a right peaceably to assemble, 
consider of their grievances, and petition the King, and that all prose- 
cutions, prohibitory proclamations, and commitments for the same, are 
illegal. 

Resolved, N~. C. B. 9. — That the keeping a standing army in these colo- 
nies, in times of peace, without the consent of the legislature of that 
colony, in which such army is kept, is against law. 

Resolved, N. C. D. 10. — It is indispensably necessary to good govern- 
ment, and renrlered essential by the English constitution, that the con- 
stituent branches of the legislature be independent of each other; that, 
therefore, the exercise of legislative power in several colonies, by a coun- 
cil appointed, during pleasure, by the crown, is unconstitutional, danger- 
ous and destructive to the freedom of American legislation. 

All and each of which the aforesaid deputies, in behalf of themselves, 
and their constituents, do claim, demand, and insist on. as their indubi- 
table rights and liberties ; which cannot be legally taken from them, al- 
tered or abridged by any power whatever, without their own consent, by 
their representatives in their several provincial legislatures. 

In the course of our inquiry, we many find infringements and violations 
of the foregoing rights, which from an ardent desire, that harmony and 
mutual intercourse of affection and interest may be restored, we pass 
over for the present, and proceed to state such acts and measures as have 
been adopted since the last war [with France,] which demonstrate a 
system formed to enslave America. 

Resolved, N. G. D. That the following acts of parliament are infring- 
ments and violations of the rights of the colonists, and that the repeal 
of them is essentially necessary, in order to restore harmony between 
Great Britain and American colonies, viz. [Here several acts are 
specified, including those named in the preamble, and the objection- 
able features of some them are stated, such as the establishment of the 
Roman catholic religion by the Quebec bill, for example.] 

Also, that the keeping a standing army in several of these colonies, in 
time of peace, without the consent of the legislature of that colony, in 
which such army is kept, is against law. 

To these grievous acts and measures, Americans cannot submit, but 
in hopes their fellow subjects in Great Britain will, on a revision of them, 
restore us to the state, in which both countries found happiness and pros- 
perity, we have for the present, only resolved to pursue the following 
peaceable measures : 1. To enter into a non-importation, non-consump- 
tion, and non-exportation agreement or association ; 2. To prepare an 



mutual interest of both countries," &c, was drawn by Johu Adams as a 
compromise, and it was accepted; though it seems not with entire una- 
nimity. -See Bancroft's History of the United States, vol. vn, pp. 132-140. 



Appendix A, No.l. 325 

address to the people of Great Britain and a memorial to the inhabitants 
of British America ; and, 3. To prepare a loyal address to his majesty, 
agreeable to resolutions already entered into. 

Articles of Association. 

[In Congress,] Thursday, October 20, 1774. 

The association being copied, was read and signed at the table, and is 
as follows: 

WE, his majesty's most loyal subjects, the delegates of the several 
colonies of New-Hampshire, Massachusetts-Bay, Khode-Island, Connec- 
ticut, New-York, New- Jersey, Pennsylvania, the three lower Counties 
of New-Castle, Kent and Sussex on Delaware, Maryland, Virginia, 
North-Carolina, and South-Carolina, deputed to represent them in a con- 
tinental Congress, held in the city of Philadelphia, on the fifth day of 
September, 1774, avowing our allegiance to his 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 affairs is occasioned by a ruinous system of colony ad- 
ministration, adopted by the British ministry about the year 1763, evi- 
dently calculated for enslaving these colonies, and with Ihem, the Brit- 
ish empire. In prosecution of which system, various acts of parliament 
have been passed, for raising a revenue in America, for depriving the 
American subjects, in many instances, of the constitutional trial by jury, 
exposing their lives to danger, by directing a new and illegal trial beyond 
the seas, for crimes alleged to have been committed in America: And in 
prosecution of the same system, several late, cruel, and oppressive acts 
have been passed, respecting the town of Boston and the Massachusetts- 
Bay, and also an act for extending the province of Quebec, [to the Ohio 
and the Mississippi rivers, embracing the present states of Ohio, Mich- 
igan, Indiana, Illinois, and Wisconsin,] so as to border on the western 
frontier of these colonies, establishing an arbitrary government therein, 
and discouraging the settlement of British subjects in that wide ex- 
tended country; thus by the influence of civil principles and ancient 
prejudices, to dispose the inhabitants to act with hostility against the 
free Protestant colonies, whenever a wicked ministry shall chuse so to 
direct them. 

To obtain redress of these grievances, which threaten destruction to 
the lives, liberty, and property of his majesty's subjects, in North Amer- 
ica, we are of opinion, that a non-importation, non-consumption, and 
non-exportation agreement, faithfully adhered to, will prove the most 
speedy, effectual, and peaceable measure: And, therefore, we do for our- 
selves, and the inhabitants of the several colonies, whom we represent, 
firmly agree and associate, under the sacred ties of virtue, honor and 
love of country, as follows: 

First, That from and after the first day of December next, we will not 
import, into British America, from Great- Britain or Ireland, any goods, 
wares, or merchandize whatsoever, or from any other place, any 
such goods, wares, and merchandize, as shall have been exported from 
Great-Britain or Ireland; nor will we, after that day, import any East- 
India tea from any part of the world; nor any molasses, syrups, paneles, 
coffee, or pimento, from the British plantations or Dominica; nor wines 
from Madeira, or the Western Islands; nor foreign indigo. 



326 Appendix A, No. 1. 

Second, We will neither import or purchase, any slave imported after 
the first day of December next ; after which time, we will wholly discon- 
tinue the 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 effectual security for 1 he observation of the non-importation, we as 
above, solemnly agree and associate, that from this day, we will not pur- 
chase or use any tea, imported on account of the East.India company or 
any on which a duty hath been or shall be paid ; and from and after the 
first day of March next, we will not purchase or use any East-India tea 
whatever ; nor will we, nor shall any person for or under us, purchase 
or use any of those goods, wares, or merchandize, we have agreed not to 
import, which we shall know or have cause to suspect, were imported 
after the first day of December, except such as come under the rules and 
directions of the 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 suspend 
a non-exportation, until the tenth day of September, 1775 ; at which 
time if the said acts and parts of acts of the British parliament herein- 
after mentioned are not repealed, we will not directly or indirectly, ex- 
port any merchandise or commodity whatsoever to Great-Britain, Ireland 
or the West-Indies, except rice to Europe. 

Fifth, Such as are merchants, and use the British and Irish trade, will 
give orders, as soon as possible, to their factors, agents, and correspon- 
dents in Great-Britain and Ireland, not to ship any goods to them, on 
any pretence whatsoever, as they cannot be received in America, and if 
any merchant residing in Great-Britain or Ireland, shall directly or in- 
directly ship any goods, wares or merchandise, for America, in order to 
break the said non-importation agreement, or in any manner contravene 
the same, on such unworthy conduct being well attested, it ought to be 
made public : and on the same being so done, we will not, from thence- 
forth, have any commercial connection with such merchant. 

Sixth, That such as are owners of vessels will give positive orders to 
their captains or masters, not to receive on board their vessels any goods 
prohibited by the said non-importation agreement, on pain of immediate 
dismission from their service. 

Seventh, We will use our utmost endeavours to improve the breed of 
sheep, and increase their number to the greatest extent ; and to that 
end, we will kill them as seldom as may be, especially those of the most 
profitable kind ; nor will we export any to the West-Indies or elsewhere, 
and those of us who are or may become overstocked with, or can con- 
veniently spare any sheep, will dispose of them to our neighbours, especi- 
aMy to the poorer sort, on moderate terms. 

Eight, We will, in our several stations, encourage frugality, ceconomy, 
and industry, and promote agriculture, arts and manufactures of this 
country, especially that of wool ; and will discountenance and discourage 
every species of extravagance and dissipation, especially all horse-racing, 
and all kinds of gaming, cock fighting, exhibitions of shews, plays, and 
other expensive diversions and entertainments ; and on the death of any 
relation or friend, none of us, or any of our families, will go into any fur- 
ther mourning-dress, than a black crape or ribbon on the arm or hat, for 
gentlemen, and a black ribbon and necklace for ladies, and we will dis- 
continue the giving of gloves and scarves at funerals. 

Ninth, Such as are venders of goods or merchandize will not take ad- 
vantage of the scarcity of goods, that may be occasioned by this associa- 
tion, but will sell the same at the rates we have been respectively 



Appendix A, Wo. 1. 327 

accustomed to do, for twelve months last past. — And if any vender of 
goods or merchandize shall sell any such goods on higher terms, or shall, 
in any manner, or by any device whatsoever, violate or depart from this 
agreement, no person ought, nor will any of us deal with any such per- 
son, or his or her factor or agent, at any time thereafter, for any com- 
modity whatever. 

Tenth, In case any merchant, trader, or other person, shall import any 
goods or merchandize, after the first day of December, and before the 
first day of February next, the same ought forthwith, at the election of 
the owner, to be either re-shipped or delivered up to the committee of 
the county or town, wherein they shall be imported, to be stored at the 
risque of the importer, until the non-importation agreement shall cease, 
or be sold under the direction of the committee aforesaid ; and in the 
last-mentioned case, the owner or owners of such goods shall be reim- 
bursed out of the sales, the first cost and charges, the profit, if any, to be 
applied towards relieving and employing such poor inhabitants of the 
town of Boston, as are immediate sufferers by the Boston port-bill ; and 
a particular account of all goods so returned, stored, or sold, to be in- 
serted in the public papers ; and if any goods and merchandizes shall be 
imported after the first day of February, the same ought forthwith to be 
sent back again, without breaking any of the packages thereof. 

Eleventh, That a committee be chosen in every county, city, and town, 
by those who are qualified to vote for representatives in the legislature, 
whose business it shall be attentively to observe, of all persons touching 
this association ; and when it shall be made to appear, to the satisfaction 
of a majority of any such committee, that any person within the limits 
of their appointment has violated this association, that such majority do 
forthwith cause the truth of the case to be published in the gazette, to 
the end that all such lues to the rights of British-America may be pub- 
licly known, and universally contemned as the enemies of American lib- 
erty ; and thenceforth we respectively will break off all dealings with 
him or her. 

Twelfth, That the committee of correspondence, in the respective col- 
onies, do frequently inspect the entries of their custom-houses, and in- 
form each other, from time to time, of the true state thereof, and of 
every other material circumstance that may occur relative to this as- 
sociation. 

Thirteenth, That all manufactures of this country be sold at reason- 
able prices, so that no undue advantage be taken of a future scarcity of 
goods. 

Fourteenth, And we do further agree and resolve, that we will have 
no trade, commerce, dealings or intercourse whatsoever, with any colony 
or province, in 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 country. 

And we do solemnly bind ourselves, and our constituents, under the 
ties aforesaid, to adhere to this association, until such parts of the several 
acts of parliament, passed since the close of the last war, as impose or 
continue duties on tea, wine, molasses, syrups, paneles, coffee, sugar, pi- 
mento, indigo, foreign paper, glass, and painters' colours, imported into 
America, and extend the powers of the admiralty courts beyond their 
ancient limits, deprive the American subject of trial by jury", authorize 
the judge's certificate to indemnify the prosecutor from damages, that he 
might otherwise be liable to, from a trial b} r his peers, require oppres- 
sive security from a claimant of ships or goods seized, before he shall be 
allowed to defend his property, are repealed. And until that part of the 
act of the 12 G. 3, ch. 24, entitled, " An act for the better securing his 



328 Appendix A, No. 1. 

majesty's dock-yards, magazines, ships, ammunition, and stores," by 
which any persons charged with committing any of the offences therein 
described, in America, may be tried in any shire or county within the 
realm, is repealed — and until the four acts, passed the last session of par- 
liament, viz. that for stopping the port and blocking up the harbour of 
Boston— that for altering the charter and government of the Massachu- 
setts-Bay - and that which is entitled, " An act for the better administra- 
tion of justice, &c," — and that u For extending the limits of Quebec, &c," 
are repealed. And we recommend it to the provincial conventions, and 
to the committees in the respective colonies, to establish such farther 
regulations as they may think proper, for carrying into execution this 
association. 

The foregoing association being determined upon by the Congress, 
was ordered to be subscribed by the several members thereof; and there- 
upon, we have hereunto set our respective names accordingly. 

In Congress, Philadelphia, October 24 [1774.] 

Signed, Peyton Randolph, President. 

Here follow the signatures of the delegates of each of the twelve 
states which then composed the confederacy, the delegates of Georgia 
not having taken their seats in Congress until Sept. 13, 1775. 1 



MEETINGS IN 1775. 
Jan. 30, 1775, warrants signed by John Hazeltine, chairman of the 
previous county convention, were sent to the several towns in the coun- 
ty, calling another convention at Westminster on the 7th of February, 
which was responded to by twelve towns, and the convention met and 
continued in session three days. 

Cumberland County Convention, Feb. 7-9, 1774. 

[From the Pingry Papers, filed "Coppy of the Doings of the Congress— To be Communica- 

to Springfield."] 

At A Meeting of the Delagats of twelve Towns in the County of 
Cumberland Conven d Att Westminster and form d into a body Febuary 
ye 7th 1775, 

1 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 printed in any history or record of 
the state, and are now known by only the few persons who have ex- 
amined the journals of the continental congress. The sentiment of the 
country in 1774 against the British government was far more unanimous 
than at the later date, when many had begun to count the cost of rebell- 
ion; and that sympathy for the persecuted people of Boston, which was 
manifested in almost every form of personal sacrifice, has never been so 
generously and spontaneously expressed by the whole country, unless it 
was in the recent case of the city of Chicago. Vermont was not then in 
a position to declare the sentiment of her people on the journals of Con- 
gress, as other states did; but that sentiment was the same that pre- 
vailed elsewhere, and was declared by the Convention at Westminster 
at the time. 



Appendix A, No. 1. 329 

lstiy Voted that John Hazelton be the Chareman to the Convention. 

2b' that Doe*- Paul Spooner be the Clerk. 

3'y put to vote wheather the Convention advise to the Choise of field 
officers and past in the negative. 

4!y put to vote the Articul which provides an Apeal from a Justice 
Court and past in the negative. 

5!y this meeting is Ajorn' 1 to M r - Nortons 1 at Seven o clock this Eve- 
ning. 

6'y Met According to ajornment. 

7'y Ajorn d to Deacon Ranneys 2 to meet tomorrow morning Eight 
o clock. 

8'y Met Eight o clock According to Jornment. 

9 l y that this Convention Recomend it [to] their Constitutiants to chuse 
a Man for their Supervisor at the next Anual meeting such as they 
would chouse if they ware to send him to New york as their Assembly- 
man; that so the Supervisors may select Two men out of their body, 
such as they shall think most proper; which they the supervisors of the 
County are desired to Return to their Constitutients for their Considera- 
tion and approbation by a Regular vote when Called upon to Chouse As- 
semblymen in said County. 

lu^y Voted — That Joshua Webb Nathaniel Robertson [Robinson, used 
both ways,] & Abijah Love joy of Westminster; Cap 1 - Minerd of putney, 
[Samuel Minott, Major Vt. militia in 1784;] Solomon Hervy of fullom, 
[Fulham — Doct. Solomon Harvey of Dummerston;] Nathaniel Frinch 
[French] of Brattleborough; W»- Bollock, [Bullock,] Hezekiah Stowell 
[of] Guilford; Lieu 1 - Parterson of Hinsdall [Eleazer Patterson of Hins- 
dale, now Vernon;] Edward Haries [Harris] of Halifax; Charles Philips 
[Phelps,] Cap 1 - [Francis] Whitmore of Marlborough; Elijah Olvord 
[of] Draper, [Elijah Alvord of Wilmington;] Sam 1 - Robertson of New- 
fain; John Hazelton [Hazeltine,] & Sam 1 - Fletcher [of] Townshcnd; 
Jeams Rogers [of] Kent [now Londonderry;] Moses Guild [of] Chester; 
Moses Wright, & Jonathan Burt [ot ] Rockingham; Simon Stephens Esq: 
Springfield; Hezekiah Grout & Oliver Rider [of] Wheathersfield; Ben- 
jamin Wait [of] Windsor; Paul Spooner [of] Hertford [now Hartland;] 
Esq. Burch [of] Heartford [Jonathan Burk;] Jacob Haselton [of] Wood- 
stock; 3 John Whinchester Daviee [of] phomfret, [John Winchester Dana 

1 John Norton's tavern in the tory East Parish, " the Royal inn of the 
village."— See B. H. Hall's Eastern Vermont, pp. 221, 752. 

2 Deacon and Captain Ephraim Ranney's tavern was in the whig 
West Parish — See Eastern Vermont, pp. 148, 445, 752. 

3 In the copy made by Judge James H. Phelps of Townshend, Jacob 
Hoisington is written instead of Haselton of Woodstock. Joab Hoising- 
ton was the first settler in Woodstock village, was elected first town- 
clerk in May 1773, and built mills in that town in 1776. — Z. Thomp- 
son's Vermont, Part in, 198. B. H. Hall names " Capt. Joab Hoisington 
of Windsor" in 1774; but in a list of New York officers, Aug. 15, 1775, 
gives the name of Capt. Joab Hoisington of Woodstock, who was ap- 
pointed colonel of a regiment of minute men, Jan. 4, 1776, and Major 
of Rangers, July 24, 1776.— See Eastern Vermont, pp. 200, 771, 772. It 
is most probable that Joab Hoisington of Woodstock was the person 
intended as one of the above Standing Committee of Correspondence, 
for the additional reason that Windsor was represented by Benjamin 

23 



330 Appendix A, No. 1. 

of Pomfret;] be a Standing Committee of Correspondence to Corres- 
pond with the Committee of Correspondance for the City of Newyork; 
and other Committees of Correspondance Elsewhere. 1 

11 th - voted — That Col. John Hazelton be Chareman of the Committee 
of Correspondance. 

12 th - voted that Doc 1 - Paul Spooner, Joshua Webb, Abijah Lovejoy, 
Solomon Hervey. and Cap 1 - 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 1 - Hazelton. 

13 th - Voted that this meeting be ajorn (i to thursday the ninth Day 
Eight °Clock in the morning. 

14 th - Thursday, Met according to Ajornment. 

15 th - 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. 

10 th - voted that Co 1 - Hazelton be impower d to Call the County to- 
gether, by way of their Delegates, on any important immergence, and he 
is impowered Accordingly. 

17 th - Voted— That Charles Phlpes [Phelps] Esq & Doc*- Solomon 
Hervy [Harvey] be a Committee to prepair Extracts from the votes and 
proceedings of this Congress for publication So far as the)' Refer 4o the 
publick, with some References to the former proceedings of the like 
Nature. 

18 th - Voted that Doc 1 - Solomon Hervy Shall in the Absence of the 
Clerk Make use of the Clerks Name in any matter or thing that shall be 
thought nesessary Relative to this Convention. 

19 th - voted that this Convention Return their Sinsear thanks to the 
Chareman & the Clerk for their Good Services. 

20 th - thai this meeting be ajoirnd without Day, & it was ajoirnd Ac- 
cordingly. Coppy, Col. John Hazelton, Chareman. 



The Westminster Massacre. 2 
The next Convention in eastern Vermont grew out of the so called 
Westminster massacre, which was improved as a means of turning pub- 



Wait. Ebenezer Hoisington represented Windsor in the Dorset Conven- 
tion of Sept. 25, 1770, the Westminster Conventions of October 30, 
1776, and January 15, 1777, and the Windsor Convention of June 4, 1777. 

1 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 only 
twelve were represented in the Convention. 

2 Ira Allen characterized the killing of William French and Daniel 
Houghton as " that odious and never to be forgotten massacre. 1 '' In 
" Vermont's Appeal," by Hon. Stephen Row Bradley of Westminster, it 
was charged as " shedding innocent blood /" and six years after the affray, 
citizens of Rockingham, in a petition to the General Assembly, described 
it as u the shedding the first Blood that was shed in America to support 
Brittanic Government, at the Horrid and Never to be for Got Massacre 



Appendix A, No. 1. 331 

lie opinion in that section of the state against New York, whose officers, 
it was charged, were responsible for the shedding of innocent blood at 
Westminster on the 13th of March, 1775. The tacts of the case may 
therefore fitly find a place here, in advance of the record of the Conven- 
tion. In the American Archives, fourth series, vol. n, 1775, columns 
214-15, is an account of the affair, which was published in New York 
city, in Holt's New York Journal, on the 23d of March, 1775. It is the 
tory account, as is sufficiently evident from the fact that the guilt of the 
first deliberate attempt to shed blood is charged upon the whigs. It de- 
clares that, by the sheriff's and court's party, " three guns were fired over 
the door in hopes the rioters would be intimidated and retire ; but so de- 
termined were they in the undertaking, that the fire was immediately re- 
turned from the Court House," &c. It should be remembered that the 
court house was not in use by the court on the 13th, the 14th being court- 
day ; and therefore that on the 13th the whigs were simply trespassers. 
This, with an intention to prevent the session of the court on the next 
day, was all that could reasonably be charged against them. 1 In that view 
of the matter, it became essential to show that the whigs fired first upon 
sheriff Patterson and his posse, in order to justify to public opinion the 
subsequent killing of French and Houghton ; and this point the tory 
account attempted to make, by alleging that the posse first " fired over 
the door" when the whigs fired upon them. This important point is not 
sustained by the official account made on the 14th by the judges and 
other officers of the court, which puts the firing of the posse first, and 
does not claim that they " fired over the door." It is flatly contradicted 
by the account prepared by a committee appointed by the whigs, many 
of whom were present at the time. This was signed by Doct. Reuben 
Jones, who was their clerk, and a reputable man. Speaking for the 
whigs, who occupied the court-house, they said : " We, in the house, 
had not any weapons of war among us, and were determined that thejr 
[the sherifl and his posse] should not come in with their weapons of war, 
except by the force of them." In addition to this, B. II. Hall has 
given the testimony of Theophilus Crawford, that " the whigs had 
not so much as a pistol among them ;" of Calvin Webb, that " the lib- 
erty men had no guns when they first came, but after French was killed, 
they went home and got them ;" and of Salmon Wright, — a boy of 
twelve or thirteen at the time, who was present at the funeral of French — 
" that there were no arms carried by the liberty party, except clubs, 
which were obtained by the Rockingham Company at my grandfather's 
[Capt. Azariah Wright's] wood-pile. There were no Tories wounded, 

Committed at Westminster Cortt House on the Night of the 13th of 
March, 1775." - See Eastern Vermont, p. 750. The affair at Lexington 
and Concord, Mass., did not occur until the succeeding month of April. 
1 It was expected this would be effected by petition, without violence. 
— See the " Relation " by Reuben Jones. 



332 Appendix A, No. 1. 

save those knocked down by the club of Phillip Safford." Again, 
in reference to the tory statements, he said : " they are all fudge ! that 
there were no weapons carried or used by the liberty men, except the 
above-mentioned clubs. This is a fixed fact." On the other hand, the 
offieers of the court say, that the " rioters fought violently with their 
clubs, and fired some few fire-arms at the Posse, by which Mr. Justice 
Butterlield received a slight shot in the arm, and another ot 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 eifect. 
These contradictions are reconcilable on the supposition that the persons 
in the posse received their pistol-wounds, if any, from their own party ; 
or that their wounds came from the clubs of the whigs, and particularly 
from that of Philip Safford, who boldly fought his way out through the 
crowd of tories, knocking down eight or ten of them. The affray was in 
the night ; the whigs and tories at and near the door were at close com- 
bat ; and in the darkness and confusion, the tories doubtless supposed 
that some of the shots came from the whigs. It is admitted by the offi- 
cers of the court that the sheriff's posse was armed in preparation for an 
assault, while the whigs deny having any arms until after the assault had 
been made. It is not unreasonable to infer that the tory witnesses were 
mistaken in their supposition that the whigs fired upon the posse, though 
there can be no doubt that they would have done so after French, Hough- 
ton, and others had been shot. 1 

The two accounts of this affair, which are of the highest authority, are 
" A Relation" drawn by a committee of the whigs, appointed at West- 
minster on the 15th — the second da}^ after the " massacre;" and " State 
of the Facts" made by the judges and other officers of the court on the 
14th. 

A Relation of the Proceedings 
of THE 

peorle of the county of cumberland, and province of 
New- York. 

In June, 1774, there were some letters came to the supervisors of said 
county, from the committee of correspondence at New- York, signed by 
their chairman, Mr. Low ; which letters said supervisors, through ignor- 
ance or intention, kept until September, when they had another meet- 
ing ; and it is supposed that they intended always to have kept them, 
and the good people would have remained in ignorance about them until 
this time, had it not been by accident that it was whispered abroad, so 

1 William French of Brattleboro' died of his wounds before daylight 
of the 14th ; and Daniel Houghton of Dummerston survived only 
nine days. Jonathan Knight of Dummerston and a Mr. White of 
Rockingham were wounded severely, but recovered. For a very full ac- 
count of this affair, from both official and other sources, see B. H. Hall's 
Eastern Vermont, pp. 209-241 and 746-755. 



Appendix A, No. 1. 333 

that Dr. Reuben Jones of Rockingham, and Capt. Azariah Wright of 
Westminster heard of it, and took proper care to notify those towns. A 
meeting was called in the two towns aforesaid, and a committee was 
chosen by each town, to wait on the supervisors, at their meeting in 
September, to see if there were any papers that should be laid before the 
several towns in the county ; and they found that there were papers 
come from the committee of correspondence, that should have been laid 
before the towns in June. The supervisors made many excuses for their 
conduct : some plead ignorance, and some one thing, and some another : 
but the most of them did seem to think, that they could send a return to 
the committee at New-York, without ever laying them before their con- 
stituents ; which principle, at this day, so much prevails, that it is the 
undoing of the people. Men, at this day, are so tainted with the princi- 
ples of tyranny, that they would fain beiieve, that as they are chosen by 
the people to any kind of office, for any particular thing, that they have 
the sole power of that people by whom they are chosen, and can act in 
the name of that people in any matter or thing, though it is not in any 
connection with what they were chosen for. But the committees would 
not consent to have a return made, until every town in the county had 
Mi-. Low's letters laid before them ; which was done, and a county con- 
gress was called ; return was made, a committee was chosen to see that 
it was put in print ; but, through interest, or otherwise, it never was pub- 
lished in any of the papers. 

Immediately after, the people of the county aforesaid received the re- 
solves of the continental congress. They called a county congress, and 
did adopt all the resolves of the continental congress as their resolves, 
promising religiously to adhere to that agreement or association. There 
was a committee of inspection moved for, to be chosen by the county, ac- 
cording to the second [eleventh] resolve of the association aforesaid : but 
being much spoken against, by a justice and an attorney, and looked upon 
by them as a childish, impertinent thing, the delegates dared not choose 
one. At this time there were tory parties forming, although they were 
under disguise ; and had laid a plan to bring the lower sort of the people 
into a state of bondage and slavery. They saw that there was no cash 
stirring, and they took that opportunity to collect debts, knowing that 
men had no other way to pay them, than by having their estates taken 
by execution, and sold at vendue. There were but very few men among 
us that were able to buy ; and those men were so disposed, that they 
would take all the world into their own hands, without paying any thing 
for it, if they could, by law ; which would soon bring the whole country 
into slavery. Most, or all of our men in authority, and all that wanted 
court favours, seemed much enraged, and stirred up many vexatious 
law-suits, and imprisoned many, contrary to the laws of this province, 
and the statutes of the crown. One man they put into close prison for 
high treason ; and all that they proved against him, was, that he said if 
the King had signed the Quebec bill, it was his opinion that he had broke 
his coronation-oath. 1 But the good people went and opened the prison 
door and let him go, and did no violence to any man's person or property. 

Our men in office would say that they did like the resolutions of the 
continental congress, and they ought to be strictly adhered to, until our 
general assembly voted against them. Then they said, that this would 
do for the Bay-Province, but it was childish for us to pay any regard to 
them. Some of our court would boldly say, that the King had a just 
right to make the revenue-acts, for he had a supreme power ; and he 

1 Leonard Spaulding of Dummerston. 



334 Appendix A, No. 1. 

that said otherwise was guilty of high treason, and they did hope that 
they would be executed accordingly. The people were of opinion that 
such men were not suitable to rule over them : and, as the general as- 
sembly of this Province would not accede to the association of the conti- 
nental congress, 1 the good people were of opinion, that if they did accede 
to any power from or under them, they would be guilty of the breach of 
the 14th article of that association, and may justly be dealt with, accord- 
ingly, by all America. When the good people considered that the gene- 
ral assembly were for bringing them into a state of slavery, (which did 
appear plain by their not acceding to the best method to procure their 
liberties, and the executive power so strongly acquiescing in all that they 
did, whether it was right or wrong ;) the good people of said county 
thought it time to look to themselves. And they thought that it was 
dangerous to trust their lives and fortunes in the hands of such enemies 
to American liberty ; but more particularly unreasonable that there 
should be any court held ; since, thereby, we must accede to what our 
general assembly had done, in not acceding to what the whole continent 
had recommended; and that all America would break off all dealings 
and commerce with us, and bring us into a state of slavery at once. 
Therefore in duty to God, ourselves, and posterity, we thought ourselves 
under the strongest obligations to resist and to oppose all authority that 
would not accede to the resolves of the continental congress. But know- 
ing that many of our court were men that neither feared or regarded 
men, we thought that it was most prudent to go and persuade the judges 
to stay at home. Accordingly there were about forty good true men 
went from Rockingham to Chester, to dissuade. Col. Chandler, the chief 
judge, from attending court. He said he believed it would be for the 
good of the county not to have any court, as things were ; but there was 
one case of murder that they must see to, and if* it was not agreeable to 
the people, they would not have any other case. One of the committee 
told him that the sheriff would raise a number with arms, and that there 
would be bloodshed. The Colonel said that he would give his word and 
honour that there should not be any arms brought against us ; an* 1 he 
would go down to court on Monday the 13th of March inst., which was 
the day that the court was to be opened. 2 We told him that we would 
wait on him, if it was his will. He said, that our company would be very 
agreeable ; likewise he returned us his hearty thanks for our civility, and 
so we parted with him. 

We heard from the southern part of the state, that Judge Sabin was 
very earnest to have the law go on, as well as many petty officers. 
There were but two judges in the county at that time, Col. Wells being 
gone to New-York. There was a great deal of talk in what manner to 
stop the court ; and at length it was agreed on to let the court come to- 
gether, and lay the reasons we had against their proceeding, before them, 
thinking they were men of such sense that they would hear them. But 
on Friday, we heard that the court was going to take possession of the 
house on the 13th inst., and to keep a strong guard at the doors of said 
house, that we could not come in. We being justly alarmed by the de- 
ceit of our court, though it was not strange, therefore we thought proper 
to get to court before the armed guardswere placed ; for, we were de- 
termined that our grievances should be laid before the court, before it 
was opened. On Monday, the 13th of March inst, there were about 100 
of us entered the court-house, about four o'clock in the afternoon. But 

x The New York association was not adopted until April following. 
8 The court was to sit on the 14th.— See u State of the Facts," by the 
officers of the court. 



Appendix A, No. 1. 335 

we had but just entered, before we were alarmed by a large number of 
men, armed with guns, swords and pistols. But we, in the)wuse, had not 
any weapons of war- among us, and were determined that they should not 
come in with their weapons of war, except by the force of them. 

.Esq. Patterson came up at the head of his armed company, within 
about live yards of the door, and commanded us to disperse ; to which he 
got no answer. He then caused the King's Proclamation to be read, and 
told us, that if we did not disperse in fifteen minutes, by G — d he would 
blow a lane through us. We told him that we would not disperse. We 
told them that they might come in, if they would unarm themselves, but 
not without. One of our men went out at the door, and asked them if 
they had come for war ; told them that we were come for peace, and that 
we should be glad to hold a parley with them. At that, Mi'. Gale, the 
clerk of the court, drew a pistol, held it up, and said, d — n the parley with 

such d d rascals as you are ; I will hold no parley with such d -d 

rascals, but by this,— holding up his pistol. They gave us very harsh 
language, told us we should be in hell before morning ; but, after a while, 
they drew a little off from the house, and seemed to be in a consultation.. 
Three of us went out to treat with them ; but the most, or all, tljat we 
could get from them, was, that they would not talk with such d d ras- 
cals as we were ; and we soon returned to the house, and they soon went 
off. 

Col. Chandler came in, and we laid the case before him, and told him 
that we had his word that there should not be any arms brought against 
us. He said that the arms were brought without his consent, but, he 
would go and take them away from them, and we should enjoy the house 
undisturbed until morning ; and that the court should come in the morn- 
ing without arms, and should hear what we had to lay before them ; and 
then he went away. We then w r ent out of the house and chose a com- 
mittee, which drew up articles to stand for, and read them to the com- 
pany ; and they were voted nem. con. dis. and some of our men went to 
the neighbours, and as many as the court and their party saw, they bound. 

About midnight, or a little before, the sentry, at the door, espyed some 
men with guns, and he gave the word to man the doors, and the walk 
was crowded. Immediately, the sheriff and his company marched up 
fast, within about ten rods of the door, and then the word was ^iven, take 
care, and then, fire. Three fired immediately. The word fire was re- 
peated ; G — d d — n you fire, send them to hell, was most or all the words 
that were to be heard for some time : on which, there were several men 
wounded ; one was shot with four bullets, one of which went through 
his brain, of which wound he died next day. Then they rushed in with 
their guns, swords, and clubs, and did most cruelly mammoc several 
more ; and took some that were not wounded, and those that were, and 
crowded them all into close prison together, and told them that they 
should all be in hell before the next night, and that they did wish that 
there were forty more in the same case with that dying man. When 
they put him iuto prison, they took and dragged him as one would a dog; 
and would mock him as he lay gasping, and make sport for themselves, 
at his dying motions. The people that escaped took prudent care to no- 
tify the people in the county, and also in the government of New-Hamp- 
shire, and the Bay ; which being justly alarmed at such an unheard of 
and aggravated piece of murder, did kindly interpose in our favour. 

On Tuesday, the 14th inst about 12 o'clock, nearly 200 men, well 
armed, came from New-Hampshire government ; and before night there 
were several of the people of Cumberland county returned, and took up 
all they knew of, that were in the horrid massacre, and confined them 
under a strong guard ; and afterwards they confined as many as they 



336 Appendix A, No. 1. 

could gel evidence against, except several that did escape for their lives. 
On the 15th inst. the body formed, chose a moderator and clerk, and 
chose a committee to see that the coroner's jury of inquest were just, im- 
partial men ; which jury on their oath did bring in, that W. Patterson, 
&c. &c. did, on the 13th March inst., by force and arms, make an assault 
on the body of William French, then and there lying dead, and shot him 
through the head witli a bullet, of which wound he died, and not other- 
wise. 1 Then, the criminals were confined in close prison, and, on the 
evening of the same day, and early the next morning, a large number 
came from the southern part of the county of Cumberland, and the Bay 
Province. It is computed, that in the whole, there were 500 good mar- 
tial soldiers, well equipped for war, that had gathered. On the 16th inst. 
the body assembled ; but being so numerous that they could not do bus- 
iness, there was a vote passed, to choose a large committee to represent 
the whole, and that this committee should consist ot men who did not 
belong to the county of Cumberland, as well as of those that did belong 
thereto : which was done. After the most critical am 1 impartial exam- 
ination of evidence, voted, that the heads of them should be confined in 
Northampton jail, till they could have a fair trial ; and those that did 
not appear so guilty, should be under bonds, holden to answer at the next 
court of oyer and terminer in the county aforesaid ; which was agreed to. 
On the 17th inst. bonds were taken for those that were to be bound, and 
the rest set out under a strong guard for Northampton. 

We, the committee aforesaid, embrace this opportunity to return our 
most grateful acknowledgments and sincere thanks to our truly wise and 
patriotic friends in the governments of New-Hampshire and the Massa- 
chusetts-Bay, for their kind and benevolent interposition in our favour, 
at such a time of distress and confusion aforesaid ; strongly assuring them, 
that we shall be always ready for their aid and assistance, if by the dispen- 
sations of divine providence, we are called thereto. 2 

Signed by order of the Committee. Reuben Jones, Clerk. 

Cumberland County, March 2M, 1775. 

1 The report of the coroner's jury was as follows: 

New York 

Cumberland County. An Inquision* Indented 

& Taken at Westminster the fifteenth Day of March one Thousand 
Seven Hundred and Seventy five before me Tim° Olcott Gent one of 
the Corroners of the County afore Said upon the Veiw of the Body of 
William French then and there Lying Dead upon the oaths of Tho s Ams- 
den John Avorll Joseph Pierce Natha el Robertson Edward Hoton Mi- 
chal Law George Earll Daniel Jewet Zachriah Gilson Ezra Robenson 
Nathaniel Davis Nathaniel DoubleDee John Wise Silas Burk Eliliue 
Newel Alex r Pammerly Joseph Fuller Good and Lawfull 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 Body 
of the Said W m French and Shot him Through the Head with a Bullet 
of which wound he Died and Not Otherways in witness where of the 
Coroner as well as the Juryors have to this Inquision put their hands 
and Seals att the place afore Said. — Eastern Vermont, p. 230. 

2 The tory account in Holt's paper charged the Bennington county 
whigs, in particular, with rallying to Westminster immediately after the 

* Inquisition was intended, same as Inquest. 



Appendix A, No. \. 337 



State of the Facts. 

v New York County of Cumberland court of common Pleas, And court 
of General Sessions of the Peace holden at the court House in Westmins- 
ter this Fourteenth Day of March A. D. 1775. Whereas a very melan- 
cholly and unhappy affair Happened at this Place in the evening of yester- 
day The thirteenth Instant and Whereas it may he that the Same may 
Be represented very Different From what The same really was We his 
majesty's Judges and Justices of the said Courts being chiefly there 
Present have Thought it our Duty thus to relate a true state of the Facts 
Exactly as they happened. 

Many threats having for several Terms past been Thrown out by 
evil minded persons that they would With Violence break up and Des- 
troy the courts of our Sovereign Lord the king in this county and threats 
of A more Daring and absolute nature than formerly having been thrown 
out by certain Evil Minded persons Against the setting of this present 
Court the Sheriff tho't it Essentially necessary to raise a Posse For the 
Courts Protection and having Raised about sixty Men armed some With 
Guns and some with staves he arrived At their head before the Court 
House about five o'clock In the afternoon of yesterday When to the Great 
Surprise of the said Sheriff and Posse they found the court house Taken 
into Possession and the several Doors thereof Guarded By a large num- 
ber of Rioters (supposed to be about an Hundred in the whole) armed 
With clubs and some Few fire arms. The Sheriff then endeavored to 
Go in at the Door of the court-house, but was prevented by Threats And 
menaces; whereupon he read the King's Proclamation, with a very loud 
voice commanding In his Majesty's name all persons unlawfully as- 
sembled Immediately to Depart, and thereupon Demanded Entrance 
again But was again refused and Prevented by threats and menaces as 
Before. The Sheriff then told the Rioters that he would Leave them a 
short time to consider of their behaviour And to Disperse, and if they 
would not afterwards allow Him Entrance into the said court-house 
That he would Absolutely Enter it by force. But the Rioters made 
scoff at this Measure replying the hardest must fend off. The Rioters a 
little time afterwards wanted to choose committees to Parley but was 
answered that they could not Parley to consider whether the King's 
Court Should proceed or not, Judge Chandler informed them that if 
they had any real grievances to complain of if they would Present a 
Petition to the court when sitting it should be heard the Sheriff' then gave 
the Posse Liberty To refresh themselves and about two Hours afterward 
He Brought the said Posse Before the courthouse again and then again 
Demanded Entrance in his majesty's Name but was again refused in 
like manner as Before Whereupon^ne told them that he would Absolute- 
ly enter it Either Quietly or by force and commanded the Posse to fol- 
low close to him which they Accordingly Did and getting near The 
Door he was struck several Blows with clubs, which he had the Good- 
ness in General to fend off so far at least as not to Receive any very 
Great Damage but several of their clubs striking Him as he was goeing 

massacre. No mention is made of them above, and moreover Lieut. 
Gov. Colden of New York, in an official dispatch to Lord Dartmouth, 
expressly exonerated them, adding, however: "Yet I make no doubt 
they will be joined by the Bennington Rioters, who will endeavor to 
make one common cause of it, though they have no connection but in 
their violence to Government."— See Eastern Vermont, pp. 239, 240, 



338 Appendix A, No. 1. 

up the steps, and The Rioters Persisting in maintaining Their Ground, 
he ordered some of the Posse to fire, which they accordingly did. The 
Rioters then fought Violently with their clubs and tired some few fire 
arms at the Posse by which Mr. Justice Butterfield received a slight shot 
in the arm and another of the Posse received a slight shot in the head 
with Pistol Bullets: but happily none of the Posse were mortally wound- 
ed. Two persons of the Rioters were Dangerously wounded (one of 
whom is since dead) and several others of the Rioters were also wound- 
ed but not Dangerously so. Eight of the Rioters were taken prisoners 
(including The one which is since Dead) & the wounded were taken 
care of by Doct. Day, Doct. Hill and Doct. Chase. The latter of which 
was immeadiately sent for on Purpose. The rest of the Rioters Dis- 
persed giving out Threats that they would collect all the force Possible 
and would return as on this Day to revenge themselves on the Sheriff 
and on several others of the Posse. 

This Beimr a true state of the facts without the least Exaggeration 
on the one side or Diminution on the other We humbly submit to Every 
Reasonable Inhabitant whether his majesty's courts of Justice the Grand 
and only security For the life liberty and property of the publick should 
Be trampled on and Destroyed whereby said persons and properties of 
individuals must at all times be exposed to the Rage of a Riotous and 
Tumultuous assembly or whether it Does not Behove Every of his 
Majesty's Liege subjects In the said county to assemble themselves forth- 
with for the Protection of the Laws and maintenance of Justice. 

Dated in open Court the Day and Year Aforesaid. 

Thomas Chandler, 

Noah Sabin, 

Step'h Greenleaf, 

Benj'a Butterfield, 

Bildad Andross, 

S. Gale, Clk. 



CONVKNTION AT WESTMINSTER, APRIL 11, 1775. 

At a meeting of Committees appointed by a large body of inhabitants 
on the east side of the range of Green Mountains, held at Westmin- 
ster, on the 11th day of April, 1775. 

1. Voted, That Major Abijah Lovejoy be the Moderator of this 
meeting. 

2. Voted, That Dr. Reuben Jones be the Clerk. 

3. Voted, as our opinion, That our inhabitants are in great danger of 
having their property unjustly, cruelly, and unconstitutionally taken from 
them, by the arbitrary and designing administration of the government 
of New York ; sundrv instances having already taken place. 

4. Voted, as our opinion, that the lives of those inhabitants are in the 
utmost hazard and imminent danger, under the present administration,. 
Witness the malicious and horrid massacre of the night of the 13th ult. 

5. Voted, as our opinion, That it is the duty of said inhabitants, as 
predicated on the eternal and immutable law of self-preservation, to 
wholly renounce and resist the administration of the government, of New- 
York, till such time as the lives and property of those inhabitants maybe 
secured by it ; or till such time as they can have opportunity to lay their 
grievances before his most gracious Majesty in Council, together with a 
proper remonstrance against the unjustifiable conduct of that govern- 
ment ; with an humble petition, to be taken out of so oppressive a juris- 
diction, and, either annexed to some other government, or erected and 



Appendix A, No. 1. 339 

incorporated into a new one, as may appear best to the said inhabitants, 
to the royal wisdom and clemency, and to such time as his Majesty shall 
settle this controversy. 

6. Voted, That Colonel John Hazeltine, Charles Phelps, Esq., and 
Colonel Ethan Allen, be a Committee to prepare such remonstrance and 
petition for the purpose aforesaid, — Slade's State Papers, p. 60. 



Cumberland County Congress at Westminster, Junk 6, 1775. 

In May, 1775, a Provincial Congress of the several counties bad been 
called to meet in N"ew York city, and the delegates of nine counties did 
meet on the 22d and organize as a Congress on the 23d. No delegates 
appeared from the territory of Vermont until the 24(b, when 

John Williams and William Marsh, from Charlotte County, appeared 
in Congress and produced a Certificate signed by fourteen gentlemen, 
the respective Committees of White Creek. Camden, [New York,] Ar- 
lington, Manchester, Dorset, Rupert, Pawlett, and wells, in Charlotte 
County, certifying that the said John Williams and William Marsh arc 
appointed deputies to attend this Congress. The same was read and 
filed. 

Ordered, That they take their seats. 1 

The people of Cumberland county, through want of sufficient notice 
it- seems, bad not been able to send delegates for the organization of 
the Provincial Congress, and on the 6th of June a "County Congress" 
or ''Committee' 1 met at Westminster and proceeded as follows: 

[From the American Archives, Fourth Series, Vol. II, cols. 918, 919.] 

At a full meeting of the Delegates from the several Towns in the 
County of Cumberland, Colony of New-York, convened at Westminster, 
June 6, 1775: 

The County of Cumberland having received certain intelligence from 
Mr. Isaac Low, Chairman of the Committee of Correspondence at New- 
York, that it is tlie desire of the said respectable Committee of Corres- 
pondence at New- York, that the sense of the people in said County of 
Cumberland should be fully known with regard to the hostile measures 
that are using by the British Parliament to enforce the late cruel, unjust, 
and oppressive Acts of the said British Parliament, through the British 
Colonies in America: We, the Delegates from the several Towns and 
Districts in said County of Cumberland, being chosen by the freeholders 
and inhabitants of the same, to exhibit to the Provincial Congress the 
sense and voice of the people with regard to the unjust proceedings of 
the British Parliament, &c, do pass the following Resolves: 

1. Resolved, nem. con., That the late Acts of the British Parliament, 
passed in order to raise a revenue in America, are unjust, illegal, and 
diametrically opposite to the Bill of Rights, and a fundamental principle 
of the British Constitution, which is, u that no person shall have his 
property taken from him without his consent." 

2! Resolved, nem. con., That we will resist and oppose the said Acts 
of Parliament, in conjunction with our brethren in America, at the ex- 
_ . . — '. » 

1 American Archives, Fourth Series, vol. ir, 1775, col. 1246. Mr. 
Marsh alone was from Vermont. — See ante, pp. 15, 22. Doct. John 
Williams was a resident of White Creek, N. Y., now Salem. 



340 Appendix A, No. 1. 

pense of our lives and fortunes, to the last extremity, if our duty to God 
and our Country require the same. 

3. Resolved, nem. con.. That we think it needless to pnss many re- 
solves exhibiting our sentiments with regard to the unhappy controversy 
subsisting between Great Britain and America. Let it suffice, therefore, 
that we fully acquiesce with what, our brethren have lately done at New- 
York, in their late Association; and it is hereby resolved that the late 
Association entered into at New York is perfectly agreeable to the sen- 
timents of the freeholders and inhabitants of this County, and that they 
fully acquiesce in the same. 2 

4. liesolved, nem. con., That this County is at present in a very bro- 
ken situation with regard to the civil authority. We therefore sincerely 
desire that the advice of the honourable Congress may be by our Dele- 
gales transmitted to us, whereby some order and regularity may be es- 
tablished among us. We therefore should take it as a favour if the 
honourable Congress would particularly recommend to us in this County 



2 The "Association 71 referred to was adopted in the city of New York 
April 29, 1775, and sent to all the counties in the province — as follows: 

Persuaded that the salvation of the rights and liberties of America 
depend, under God, on the firm union of its inhabitants, in a vigorous 
prosecution of the measures necessary for its safety, and convinced of 
the necessity of preventing the anarchy and confusion which attend a 
dissolution of the powers of Government: We, the Freemen, Freehold- 
ers, and inhabitants of the City and County of New-York, being greatly 
alarmed at the avowed design of the Ministry to raise a revenue in 
America, and shocked by the bloody scene now acting in the Massachu- 
setts-Ban, do, in the most solemn manner, resolve never to become 
slaves; and do associate, under all ties of religion, honour, and love to 
our Country, to adopt and endeavour to carry into execution whatever 
measures may be recommended by the Continental Congress, or resolved 
upon by our Provincial Convention, [the Provincial Congress not having 
been organized until the succeeding month.] for the purpose of preserv- 
ing our Constitution and opposing the execution of the several arbitrary 
and oppressive Acts of the British Parliament, until a reconciliation 
between Great Britain and America, on constitutional principles, (which 
we most ardently desire,) can be obtained: and that we will, in all things, 
follow the advice of our General Committee respecting the purposes 
aforesaid, the preservation of peace and good order, and the safety of 
individuals and private property. — American Archives, Fourth Series, 
vol. ii, 1775, col. 471. 

"All the men in Townshend,"' (fifty-one,) Col. John Hazeltine at 
the head, signed this agreement, and the seven absentees were in ser- 
vice at Roxbury (Mass.) under General Washington at the time — July 
12, 1775. Precisely the same number signed the agreement in Spring- 
field, Simon Stevens at the head, the return being dated Dec. 21, 1775. 
The number of signers in Weatherstield was twenty-one, Eliphalet 
Spaffokd at the head, and only three men refused to sign. As the re- 
turns were to embrace the names of those who refused to sign, the infer- 
ence is that every freeman of Springfield signed. The association or 
pledge most generally signed in Vermont was the briefer and unequivo- 
cal one adopted by the Convention at Dorset, July 24, 1776. — See ante, 
pp. 21, 22. 



Appendix A, No. 1. 341 

some measures to be pursued by us the inhabitants of the same; for we 
are persuaded their advice herein would have great weight to influence 
our people universally to pursue such measures as would tend to the 
peace, safely, and good order of this County for the future. 

5. Resolved, nem. con., That we, the inhabitants of this County, are 
at present in an extremely defenceless state with regard to arms and 
ammunition. We sincerely desire the honourable Provincial Congress 
would consider us in this respect, and from their generosity and good- 
ness would do what in them lies for our relief in the premises. We 
have many brave soldiers, but, unhappily for us, we have nothing to 
fight with. 

6. Resolved, nem. con., That in pursuance of the Honourable Isaac 
Low's (Chairman of the Committee of Correspondence) request for this 
County to send Delegates to the City of Hew- York, in order to ascertain 
the sentiments of the people in the County concerning the unconstitu- 
tional measures lately adopted by the British Parliament against the 
Americans in general, and some other matters, and so forth, we do here- 
by vote and resolve, that Col. John Hazeltine, Doctor Paul Spooner, and 
William Williams, Esquire, be our Delegates to meet and join the other 
respectable Delegates convened at New- York, to represent the affairs of 
this County in said Congress, at the City of New-York. 

John Hazeltine, 
Chairman of the County of Cumberland Congress 
and Committee of Correspondence. 1 

The county u Congress " again met at Westminster on the 26th of 
July, 1775, and authorized Major [afterward Colonel] William Will- 
iams to act for both of the delegates of the county in the N. Y. Provin- 
cial Congress; 2 and he was permitted so to do, casting the two votes of 
the county. In August, the Province was divided into military districts, 
and the counties of Charlotte, Cumberland, and Gloucester were em- 
braced in one brigade. On the 4th of November, a new election of dep- 
uties having been ordered, the Provincial Congress was dissolved. On 
the 21st, the county u Congress " met once more at Westminster, and 
proceeded, first as a " Congress" to elect deputies, and then as a " Com- 
mittee of Safety " to nominate militia officers. 



1 These three delegates were afterwards prominent supporters of the 
government of Vermont. Their credentials to the New York Provin- 
cial Congress, presented June 21, were "signed by John Hazeltine, 
Chairman, and Sol. Phelps, D. Clerk." June 8, Col. Hazeltine stated 
the proceedings of the County Congress to the President of the Provin- 
cial Congress in a patriotic letter; and a letter of the 9th to the same 
gentleman, from William Williams, Benjamin Wait, and Joab 
Hoisington, tendered their services as colonel, lieutenant-colonel, and 
major (in the order of their names) of a regiment to be raised in Cum- 
berland county. They were severally commissioned by New York, 
though not for this proposed regiment. Hoisington died while serving 
under a New York commission as major of rangers, while Williams and 
Wait both served under Vermont. 

3 American Archives, Fourth Series, Vol. in, 1775, col. 528. 



342 Appendix A, No. 1. 

Cumberland County Congress and Committee of Safety, 
Nov. 21, 1775. 

[From the American Archives, Fourth Scries, Vol. IV, 1775-1776, col. 426.] 

May it please your Honour: We, the Committee of Safety for this 
County, have proceeded in the election of Deputies, pursuant to the re- 
solves of the honourable Congress for the Colony of New-York, of Octo- 
ber 18, 1775: And this certifies, that Major William Williams and Doctor 
Paul Spooner, are chosen by this County, to represent the people thereof 
in the honourable Provincial Congress, at the city of New-York. Also, 
we, the Committee of Safety for this County, have presumed to nomin- 
ate Colonel James Rogers to be the Brigadier for Cumberland, Gloucester, 
and Charlotte Brigade. 

Moreover, according to the directions of the honourable Provincial 
Congress of New-York, (as are transmitted to us,) per our Delegate, 
Major Williams, we have recommended that the following gentlemen, 
belonging to this County, be speedily commissioned by said Congress 
viz: Lower Regiment in the County : Major William Williams, first 
Colonel ; Major Jonathan Hunt, second Colonel ; Lieutenant John 
Norton, first Major ; Oliver Lovell, second Major ; Arad Hunt, Adju- 
tant ; and Samuel Fletcher, Quartermaster. 

Upper Regiment: Captain Joseph Marsh, first Colonel ; Capt. John 
Barrett, second Colonel ; Lieutenant Hilkiah Grout, first Major ; Cap- 
tait Joel Mathews, second Major ; Timothy Spencer, Adjutant ; Amos 
Robinson, Quartermaster. 

Regiment of Minute Men : Capt, Job [Joab] Hoisington, first Colonel ; 
Seth Smith, second Colonel ; Joseph Tyler, first Major ; Joel Marsh, 
second Major ; Timothy I^ielps, Adjutant ; Elisha Hawley, Quarter- 
master. 

The honourable Provincial Congress complying with our request, as 
speedily as possible, will much oblige your most obedient humble servant. 
Signed by order of the Committee of Safety : John Barrett, Clerk. 

To the Honourable the President of the Provincial Congress at the 
City of New- York. 

Cumberland County, Westminster, December 2, 1775. 

Major Willtams was in New- York at the time of his re-appointment 
as deputy, acting as a member of the Provincial Committee of Safety. 
On the 20th of Dec. he was joined by Doct. Spooner, who took his seat 
in the Provincial Congress on that day, and on the same day delivered 
remonstrances signed by thirty-one inhabitants of Putney, a large num- 
ber [names not given] of Westminster, and fifty-five inhabitants of Ful- 
ham, all protesting against a confirmation of the militia officers nominat- 
ed by the Committee of Safety, and asking that the sense of the people 
of the county might be taken. With these documents he also presented 
a letter from Col. James Rogers, " whereby for political reasons, he 
declines the office of Brigadier General of the Militia." 1 The remon- 
strances charged that some of the nominees of the Committee of Safety 
were hostile to the liberties of America, naming John Norton of West- 
minster, whose hotel was favored by the tories. Rogers joined the Brit- 
ish shortly after. No objections were made to the nominees for the up- 
per regiment, or for the regiment of minute-men, and they were confirm- 



1 Am. Archives, Fourth Series, vol. iv, 1775-1776, cols. 429-431. 



Appendix A, No. 1. 343 

ed Jan. 4, 1776. The question of Cumberland county officers [lower re- 
giment] was remitted to a full meeting of the Committee of Safety. 1 Jan. 
9, 1776, the Provincial Committee of Safety, in the recess of the Con- 
gress, urged the inhabitants of the County to cultivate a more harmoni- 
ous spirit, and for this purpose to elect " a large respectable County 
Committee. 1 ' 2 



MEETINGS IN 1776 AND 1777. 

Feb. 1, 1776, in response to the advice above stated, k ' a pretty full 
meeting of the Committee of Safety for this County' 1 was held at West- 
minster, Benjamin Carpenter, chairman, when officers for the lower 
regiment were agreed upon, as follows : " Major William Williams, First 
Colonel ; Benjamin Carpenter, Esq., Second Colonel ; Oliver Lovell, Esq., 
First Major ; Abijah Lovejoy, Second Major ; Samuel Minott, Jun., Adju- 
tant ; Samuel Fletcher ■, Quartermaster." 3 The nominees of the Novem- 
ber meeting dropped were Major Jonathan Hunt as second colonel, John 
Norton [tory] as first major, and Arad Hunt as adjutant. That Major 
Jonathan Hunt might not be prejudiced by this action, Col. Carpenter 
wrote that he " entirely refused to accept a commission in the lower de- 
partment." 

On the 22d of May, 1776, three committee-men from each of the coun- 
ties of Cumberland and Gloucester met at Windsor, in response to a cir- 
cular issued to the Committees of Safety of these counties and the count}' 
of Charlotte. The latter was not represented, when the Committees 
[six persons] for the other counties, proceeded to nominate Col. Jacop. 
Bayley of Newbury for Brigadier-General, and Col. Simon Stevens of 
Springfield for Brigade-Major, of which a return was made to the New 
York Provincial Congress by Col. Joseph Marsh of Hartford, who was 
one of the Cumberland county committee. On the 7th of June 1776 the 
Provincial Congress assigned one hundred and twenty-five men to Cum- 
berland county, and seventy-five men to Gloucester, as the quota of each 
towards three thousand men to be raised by the Province for continental 
service; and the militia of these counties having been formed into a brig- 
ade, the nominations of Brig. Gen. Bayley and Brigade Major Ste- 
vens were confirmed on the 1st of August. 4 



'Some of the difficulty was occasioned by the fact that the Committee 
of Safety in November, a part of the members only being present, nom- 
inated lists of officers different from other lists named by a much larger 
meeting in June preceding. The June lists were as follows : Lower 
regiment — James Rogers, colonel, Eleazer Patterson, lieut.-col., — Love- 
joy, major. Upper regiment Simon Stevens, colonel, Joseph Marsh of 
Hartford,* lieut.-col., Benja. Wait, Major. 

2 Am. Archives, Fourth Series, vol. iv, col. 1031. 3 Same, vol. v, col. 323. 

4 B. EL Hall's Eastern Vermont, pp. 255-6, 266-7. 

* Joseph Marsh of Weathersfleld was another man, who refused to sign the "Association." 



344 



Appendix A, No. 1. 



Next in order comes the journal of the Cumberland County Commit- 
tee of Safety, from June 11 1776 to Sept. 8 1777, which is copied from the 
admirably preserved u PlNGRY Papers.'" Among these papers are 
other manuscripts and hand-bills, which are interesting to the antiqua- 
rian, but as these are not within the legitimate scope of this volume, 
they are of course omitted. 



JOURNAL OF THE CUMBERLAND COUNTY COMMIT- 
TEE OF SAFETY. 

June 11 1776 to Septkmber 3 1777. 



Meeting at Westminster, June 11-13, 177(5 



[From the I' 

Hinsdale \ John Bridgman, Esq., 
[Vernon,'] } M r - Arad Hunt, 
ttrattlebo:—M r - Isreal Smith & John 

Sergeant, 
Gillford— M> • Isreal Gurley &[Sam- 

uel] Nichols, 
Hallefax - 

Marlborough— M r - [Jonathan] War- 
ren. 
Newfane — Luke Knolton [ Knoul- 

ton] Esq. 
Townsend — M 1 - Joseph Tyler & 

Sam'- 1 Fletcher." 
Fullom — [ Fulham—Dummerston] — 

Joseph Ilildrith & Eb- 
en r - Haven. 
Putney — Cap 1 - James Clay, Lucas 

Willson. 
Draper [Wilmington'] — Elijah Al- 

vord and John Gibbs. 



ingry Papers.'] 

j Westminr- — John Norton, Elkanah 

| Day. 

\ Rockingham — W m - Simons [or Si- 

monds,] Eben 1 '- Fuller. 

| Chester — John Chandler Esq 1 "- Cap. 

George Earl. 

Kent [Londonderry'} — Cap 1 - Edward 

Aika'n, [Aiken,] 2 d - 
Springfield — Simon Stevens,Jerath'- 

Powers. 
Windsor — Eben 1 '- Horsenton [Hois- 
ington,] and Eben 1 '- 
( hirtis. 
Hartford — 
Pomfret — 
J Wether shield — Isreal Burlingame, 

W m - Upham. 
j Woodstock — 

I Hertford — [ Hartland—] Jonathan 
Burk. 

June 11«>. 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 8 d -' 
did Proceed to act on the Following Articles: 

!*• Choose Cap 1 - James Clay, Chairman. 

2 dl y- Choose I) 1 - Elkanah Day, Clerk. 

3 dI y- Deliberated on some Papers from Rockingham against one Ben- 
net, & not finding full Propriety to act, the Complainant not being pres- 
ent or the Evidence, we therefore resolve that the matter be Defer d till 
Tomorrow, Two oClock afternoon, he the s d - Bennet finding surities or 
be Committed. 

4thiy. Adjorn d - this meeting till 7 o Clock tomorrow morn. 

June 12«>- 

7 oClock in the Morn: met according to adjornment, and resolved 

5thiy. that it be recommended to the several Towns in this County 
that they Immediately Call a meeting for the purpose of Chusing three 
Delegates To send to the City of New York, to set in Provincial Con- 



Appendix A, No. 1. 345 

gress, the second Monday of July Next, according to a Handbill Just 
received from New York or Provincial Congress. 

gthiy. Voted it is the Opinion of this Body that all Persons wereing 
the Edition [addition to their names, or title,] of Gentlemen by former 
Commissions be exempted from Millitary Training. 

gthiy. Adjorn d to 3 oClock afternoon. 

3 oClock afternoon Meet according and Proceeded 

7thiy. Choose Cap 1 - John Sessions County Treasurer. 

gtiiiy. Voted to Chuse a Committee & accordingly Choose Cap 1 - James 
Clay Nath el Robinson Esq Elkanah Day Tho b - White Cap 1 - John Averill 
To Examine the Publick Acct 8 - in the County, give Orders, &c. 

Qthiy. Voted that M 1 '- Jonathan Burk be admitted as a member to set 
in this Body. 

iQthiy. Took under Consideration a Complaint Exhibited by W m - Tag- 
art against Nathaniel Bennet Touching the s d - Bennet's abuseing s d - 
Tagarts wife, 20 Members being present, resolved that the s d - Bennet be 
Committed To Prisson, there Holden till further Orders of this Com- 
mittee. 

Hthiy. Defered the Case Between Col°- Smith, Plantif, & M r - Gorton, 
Defend* • To the 21*- Day of June Inst, 

12tiiiy. Took under Consideration the Case Between Abijah Lovejoy 
& Atherton Chaffee. After Deliberating on the matter, Defer d - the 
Conclusion Till Tomorrow Morn 8 oClock, then adjorn d - to 7 oClock in 
the Morning. 

June 13 th - 

7 oClock, meet according to adjornment, and resolved, 1 

14tbiy. th a t it be recommended to the Sub committee that they Call 
on their respective Collectors to pay into the Treasurer what they have 
Collected, that it may be Assertain d - what money Can be Obtained by 
the 20 th of this Ins 1 - 

15 th - Voted to recommend to the Cap ts - of the several Companys of 
Militia in the respective Towns in this County to as soon as possible 
make return of their minutemen to M r - Lucas Willson & Ebenezer 
Horsington, [Hoisington,] who are appointed by the rest of their Breth- 
ren, viz., Arad Hunt, Isreal Smith, Joseph Hildreth, Lucas Willson, 
John Norton, W m - Simons, Sam el - Fletcher, Being Choose a Committee, 
& Impowered by this Body to se the minute-men Properly Imbodyed in 
Companys, & Lead them to a choise of Officers in the several Companys 
when so Formed according to the rules and orders for regulating the 
Milition, & to make return to this County Committee — and Likewise 
Choose Eben 1 '- Horsington, Simon Stevens Esq 1 '-' Jonathan Burk, Isreal 
Burlingame, & Eben 1 '- Curtis, To Inspect ths Uper Regiment in their 
proceedings as above directed. 

16 th - Voted that M l - Abijah Lovejoy be Quieted in the full & free 
Possession of a Lot of Land in Westminster, of Late Leased to s d 
Lovejoy by the Committee, according to a former resolve; and that it 
[be] recommended to M r - Chaffe to Desist from Molesting s d - Lovejoy 
in his Possession, To Prevent further Trouble. 

17 th - resolved that Col°- Wells be sited to appear before the County 
Committee On Thursday the 20 th Day of June Ins 1 - to answer to a Com- 
plaint Lodged in the files, sign d - by Nathaniel Robinson, Ruben Jones, 
and Leonard Spaldwin. 

1 There is no thirteenth vote, the date " June 13 th '" in the margin, 
probably having been mistaken as the number of a vote. 

24 



346 Appendix A, No. 1. 

18 tJl - Voted that all Poles from 16 to 60 years old be Estimated at Ten 
Pounds real Estate. 

19 th - Adjorn d - to Thursday the 20«i day of June Inst- Nine O Clock 
Before noon, then to Meet at this Place. 



Adjourned Meeting at Westminster, June 20-22, 1776. 

[From the Pingry Papers.] 

Westminster, June the 20 th - 
The Committee met according to adjournmnt- 
Present— (viz.) 
Putney — James Clay, Chairman. I Chester — John Chandler, Esq r - 
Hinsdale — John Bridgman, Esq 1 "- \ Kent — Dea. Akin. 
Brattleboro 1 — John Sergeant & Is- | Springfield — Simon Stevens, Esq 1 '- 

rael Smith. | Wethersfield— W n »- Upham. 

Marlboro'' — M 1 '• [Jonathan] Warren. \ Townshend — M r - Flecher [Samuel 
Hallifax—CRV*- Williams. Fletcher.] 

Draper — Elijah Alvord. Windsor — Cap*- Curtis. 

N. Fane — Luke Knolton, Esq. j Hertford — M r - Burk. 

Fulham — M r - [Leonard] Spaulding j Hartford — 

& Hildrick [ Joseph | Woodstock — M r - [John] Strong, 
Hildreth.] Benjamin Emmons. 

Westminster — John Norton. Pomfret— Esq. [John Winchester] 

Bockingham — W m - Simons. Dana. 

Voted 1 st that we send Representatives to New York. 
2 Voted to Chuse a Com ite of five to Inspect the Votes and to make 
Return to this cm 1 - 
3 J y made Choice of Mrs s Isreal Smith, Esq. Denne [Dana,] Esq. Ste- 
vens, Esq. Nolton [Knowlton,] Esq. Bridgman. 

4^* Voted to chuse a Committee to make a Draft of Instructions to Ihe 
Delegates if chose and to make a Return to this corn tee chose M r - 
Hoisington, Cap 4 - Sergant, and John Chandler, as a Com e - to Make 
Instructions, and Lay the Same before s d - Come- 
do 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 d Comm te 

Proceded and Chose the following Gen 1 - Capt. Ebenezer Curtis, 
M r - Isreal Gurley, M r - Jonathan Burk, Capt. Fletcher, Capt. Wm- 
Williams. 

• gthiy Voted, that the 3 Highest in Number of Votes should be the Gen- 
tlemen Choosen to Go to New York. 

the Committee Chosen to inspect the Votes make return as Followith 
that we Find Col. Joseph Marsh, Dea. John Sessions & Simon Stevens, 
Esq r - Were the three highest in Vote. 

Adjourn d 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 under Consideration the Said Letter and Make report to 
this Committee Namely Simon Stevens & John W. Dana Esq rs & Mr. 
Strong for the Said Committe. 
7 th Voted, to take under Consideration a Letter & Handbill Before the 
Committee & make Report & according chose Mr. Isreal Smith, Lieut. 
Spauldwin, Mr. Alvord, Luke Knowlton Esq., John Bridgman Esq., a 
Committe for the above s d purpose. 



Appendix A y No. 1. 347 

8 th Voted, to choose a Committee & according Choose Lieut. Spaulding 
Capt. James Clay, M r - Alvord, M r - Isreal Gurley, & Elkanah Day to 
Treat With Col°- Sam 1 - Wells & Examine s d Wells Touching a Complaint 
Exhibited to the County Committee against him the s d Wells & make 
report to s d Committee at their Next setting. 

9 th Voted to Choose a Committee & according Choose Simon Stevens, 
Esq., Luke Knolton Esq., W™ Simons, John W. Dana, & Isreal Gurley 
to Deliberate on a Complaint Ixhibited by Maj r - Abijah Lovejoy against 
M r - Atherton Chaffee, Both of Westminster, & Likewise on a Paper 
Exhibited by Atherton Chaffee to the Committee. 

lOtiny Voted, to Deleberate on a Paper Exhibited by Esq. [Charles] 
Phelps. 1 



1 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] Phelps, and signed by the Chairman 
of this Committee, may be by order of this Committee with- 
drawn from the Convention of this State [New York.] Voted to with 
Draw this Letter." 

On this paper B. H. Hall said: 

Another important topic discussed on this occasion, was that relative 
to the right of the New Hampshire Grants to secede from New York. 
Several of the members, representing a large constituency, favored a 
union with Massachusetts. Owing to this cause, a letter addressed to 
the members of the Provincial Congress [of New York, afterward styled 
* ; The Convention,' 1 ] was prepared on the 21 st of June, and the repre- 
sentatives of the county were desired to deliver it at New York. The 
views advanced in this Communication were expressed in these words: 
" Upon the receipt of hand bills from you sent to us, purporting the 
expediency of instituting civil government according to the exigencies 
of the County, the major part of the people have agreed thereto, and 
have elected their delegates, and empowered them with their authority, 
to agree with you in forming a mode of government independent of the 
Crown, in the most mild, just, and equitable manner possible, for regu- 
lating their internal police, and for the preservation of the rights, liber- 
ties, and property of the people. This power is subjected, nevertheless, 
to those regulations, conditions, and restraints herewith transmitted you 
by the hands of the delegates of this county ; to all which they are by 
their constituents in the premises, limited and restrained in such man- 
ner, that if they break over and violate those sacred instructions here- 
with sent you in behalf of us and our constituents, in matters of such 
infinite importance and delicacy, the county committee declare, in behalf 
of the free, patriotic people thereof, that they mean to, and do hereby re- 
solve, to reserve to themselves the full liberty of an absolute disavow- 
ance thereof, and of every clause, article, and paragraph of such an in- 
stitution. 

" Also, it is hereby acceded to, and fully meant and intended by the 
good people of the county, that they, notwithstanding this compliance 
with the requisition of the said handbills above mentioned, so directed 
to us for the purposes aforesaid, have fully and absolutely reserved to 
themselves and their heirs, &c, the full liberty of pursuing their former 
petition in behalf of the people, prepared some years ago, and referred 



348 Appendix A, No. 1. 

11 th - Adjorn d - to 2 OClock afternoon. 

2 OClock afternoon, meet according to rjornment. 

12 th - the Committee choosen for Drawing Instructions reported the 
following, and after being read sundry times, Voted Paragraff by Para- 
graff & accepted to be the Instructions for our Delegates Choosen to 
go to New York to set in provincial Congress. 

Instructions for the Delegates of Cumberland County. 

Geht men: 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 hereafter reunited 
to that province, and reserving to themselves also the right of offering 
their pleas, arguments, and proofs, in full, to effect a reunion thereof, to 
that ancient jurisdiction, for those important reasons to be adduced when, 
where, and before whom the parties concerned shall be admitted to offer 
the same. 1 " 

This letter was signed by James Clay, chairman of the Committee, and 
was attested by the clerk. As soon as the majority of the members had 
assented to it, Elkanah Day, John Bridgman, and John Norton, enter- 
ed their protest against the declarations and assertions which it embodied, 
and when, shortly after, it was carried to New York, their names appear- 
ed among the opposition. — Eastern Vermont, pp. 260-262. 

In a biography of Charles Phelps, in Eastern Vermont, p. 681, Mr. 
B. H. Hall said that u on one occasion, Mr. Phelps, with a singularity 
of behavior not easily to be accounted for, was engaged in a scheme to 
effect the annexation of Vermont to Massachusetts ;" and he quoted a 
deposition of Phineas Freeman, that in June 1779, Mr. Phelps declared 
" that he did not act out of good will to the State of New York, but to throw 
the people of Vermont into confusion;" "that he would as soon come under 
the Infernal Prince as under the state of New York," with other assertions 
expressing utter abhorrence of New York men ; and that " his ultimate 
design was to procure the territory of Vermont to be annexed to the Bay 
State." This Mr. Hall treated as an " episode in the history of his 
[Phelps'] attachment to New York." But the first meeting of the towns 
in Eastern Vermont which declared hostility to New York, April 11, 
1775, appointed Mr. Phelps one of a committee of three to prepare a 
remonstrance against the oppressive jurisdiction of that province. This 
is not inconsistent with his declaration in June 1776 that the people of 
Cumberland County reserved the right to unite with Massachusetts, and 
to apply to any tribunal which would permit them to argue that question. 
As a native of Massachusetts, Mr. Phelps would naturally prefer that 
state to any other, and the declarations sworn to by Freeman explain 
many things in Mr. Phelps' course which otherwise appear to be quite 
erratic. 



Appendix A, No. 1, 349 

and religious may forever remain sacred and Inviolate, we think it Our 
Indispensable duty to give you the following Instructions, and reposing 
the Highest Confidence in your Honour & Integrity, do rely Upon it that 
you will to the Utmost of your power Endeavor to Carry the same into 
Execution. We Trust the Honourable Congress will be Very far from 
passing Censure on us for being thus Jealous of our Liberties, Espe- 
cialy when they Consider that in time past this County has been much 
imposed upon in haveing Certain Foreigners put into High places of 
Emolument & Honour in this County, to the Great Grief of Virtues 
[virtuous] and Honest men. 

It. We instruct you to use your influance to establish a Government 
in this Colony agreable to this maxim, (viz.,) that all Civil Power (under 
god) is Originaly in the People, and that you in no instance in your pub- 
lick Capacity will do any thing to abridge the people of this fundamen- 
tal right. We furthermore beg leave to say that in Our Opinion the 
representitives duly Chosen in the several Countys in this Colony, when 
Convean d at New York, to all intents & purposes have full Power of 
Legislation, & that it would greatly abridge the People of their rights 
should the representatives presume to make Choise of a Governor, Lieut. 
Governor, Ac, To Act and Transact business independent of the people. 

2 d - That you use your best influence in Congress to adopt a Code of 
Laws whereby the Liberty, Property & every thing dear to the Inhabit- 
ants of this Colony & America in General shall be founded on a perma- 
nent 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. 

3 d - 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 AncientTryal by Jury we have a great Veneration for; it is a Noble 
Barrier against Tyrany. "in Order that our future 1 Courts may be sup- 
plyed with Grand Juriors we humbly request that the Honourable Con- 
gress would adopt the following method for this County, (viz.,) that 
Each Town thro' the County at their Annual Meetings shall Elect their 
proportion of men who shall serve as Grand Jurors the Insuing Year, 
and that their names shall be Properly Returned in the Clerk's Office, in 
order that the Jury when so Choosen may inform the advocates (who 
shall prosecute Criminal Actions) of all misdemeanors in the County 
passing within their Knowledge; the pette jurors in like manner we 
would be glad might be Choosen Annually, and that their names being 
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 first process shall be apprehended by Capias, but that they 
may be summon d according to Ancient Usage Excepting Under Certain 
Circumstances when there is not a sufficiency of Estate to answer Debt 
and Cost; that Constables as well as sherrifs might have power to serve 
all processes ; that all Deeds may be recorded by the Town Clerk in 
Each town; that Attorneys fees and all Other Exhorbitant fees might 
be lower d and reduced to the Standard of Justice. Lastly, we beg leave 
to suggest that in Our Opinion a frequent Change of Magistrates Tend 



350 Appendix A, No. 1. 

to prevent Corruption and keep up that Equallity of Mankind in which 
by nature we are all formed; therefore we humbly request we may be 
Indulged in this particular: we desire that Each Town in this County 
might nominate their Own Justices, and that they might not be ap- 
pointed without such Nomination. That Justice, Religion & Virtue may 
prevail in this Colony, & that Pease & Tranquillity may be restored 
thro America is the sincear desire of the Committee of Safety for Cum- 
berland County. 

P. S. We desire that a Court of Probate might be Established in 
this County. 

Sign*' by order of the Committee of Safety For Cumberland County. 

James Clay, Chairman, &c. 

Westminster 20*' 1 of June. 1776. 

[To'] Col - Marsh, Simon Stevens, Esq., and Deacon Sessions.* 

13 th - Voted to Choose a Committee & accordingly Choose Esq. Ste- 
vens, Esq. Brigman, M 1 - Alvord. to Take under Consideration a Com- 
plaint Exhibited by the Widow Lovell of rockingham against One Sal- 
ford, reported if s<* Complaint be supported, it is worthy of notice & to 
be herd Next setting of the Committee. 

14th. this vote reconsidered, the Committee for considering the Com- 
plaint of Maj r - Lovejoy against Atherton Chaffee Reported that Ather- 
ton Chaffee give Bonds to the Chairman of the County Committee foif 
his future good Behavour in regard to s (i Lovejoy, & that he do not mo- 
lest him in Possessing the Lot of Land Leased to [Lovejoy] by Order 
of s d Committee Or Otherwise be Committed to Goal till further orders 
of this Committee. 

15th. Voted to Here the Widow Lovels Complaint the 2 d day of the 
Next seting. 

16 th - Adjorne d to 6 O Clock in the Morning. 

June 22 d - 

6 O Clock in the Morning met According to Adjornment. 

17th. Voted that we recommend to the Commanding officers of Each 
Regement in this County do meet one of Each of the Sulr.Committees 
in the several Towns in the County at the respective Times & places 
following, namely, the Commanding [officer] of the Lower Regement & 
one Subcommittee man of Each Town in the same regement do meet 
at Cap*- Sergants in Brattleborough on thirsday the 27 th Tns t: at one 
oClock In the afternoon, then & there to appoint one Cap*- Two Lieu 18 ' 
of such men as they shall think most suitable to go into the service of 
their Cuntry, & Let them se if they Can Inlist a Company of men to go 
to Canady — and the Commanden Officer of the Upper regiment, together 
with one Sub:Committeeman from Each Town in the same regement, 
do meet at Windsor, at the Townhouse, On thirsday the 26 th day of this 
Ins 1 - June, at one oClock in the afternoon, there to appoint One Cap 1 - 
Two Lieu* s -' of such men as they shall think best for their Cuntrys ser- 
vice, & Let them se if they can Inlist a Company of men to go to Can- 
ady; & those Officers so appointed Make return to the Chairman of the 
County Committee, of the Number they Inlist, at or Before the 10 th day 
of July next. 

lu 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 



18 th - Voted a Committee be appointed to Rite an answer to a letter 
Receiv d - from M r - Tinbrook, [probably Col. Abraham Ten Broeck. ] 
Choose M r - Isreal Smith, Eben r - Horsington & Cap*- Sergeants a Com- 
mittee afores d - 

19 th - Delebirated On a Petition Exhibited by Dot r - [Reuben] Jones & 
Others requesting a reconfinement of sundry persons Under Bonds by 
the March Court afair. 1 Passed in the negative as to Confining s d per- 
sons at presont, But that s d Petition be refer d to the Provinsial Con- 
gress for their advise on the Expediancy of recommitting s d persons. 

20 th - The Committee for Considering Col°- Wells s Letter reported as 
their Opinion that a Committee be Chosen to Examine Col°- Wells in 
regard to a Complaint that has ben Exhibited against him & 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 Marsh, Deacon Sessions & 
Simon Stevens, Esq.. were Duly Choosen as Delegates to sit in Provin- 
cial Congress for this County. 

22 d - Voted to Chuse a Committee & accordingly Choose Cap 1 - Clay, 
M r - Isreal Smith, M r - Eben 1 *- Horsington, M r - John Strong, M r - Burlin- 
game. M r - John Norton & Mai- Tylor, to Join the CoJ os - of this County 
to Carry Into Execution the Resolves of Congress respecting raising 
forces, &c. (if necessary.) 

23 d - Voted that Nat'h el - Bennet be let Out of Prison at Present, his 
Procuring 2 Good Surerities for his appearing at Our next siting & abid- 
ing the Judgment of the Comittee, and Likewise for his Behaveing 
Orderly & well towards all Persons till s d time; But on his y e s d Ben- 
nets 111 Behavour his Bondsmen are to Committ him forthwith, or in 
Case of Greater danger of y e womans life by y e Illness Broght on her as 
has been proved. 

24 d - 2 Voted to adjorn, & accordingly adjorn d to the first Tuesday of 
Novem r ' Nine O'Clock in the Morn: Or to meet sooner if Call d For at 
this Place. 



Adjourned Meeting at Westminster. July 23-26, 1776. 

[From the Pingry Papers.] 

County House, Westminster, 23 d of July, 1776. 
At a Special Meeting of the Members of the Committee of Safety for 
this County — Members Present: 



Hinsdale — Arad Hunt. 

Brattlebo: — Isreal Smith. 

Gilford — Esq. Nichols. 

Halifax — 

Marlboro: — 

JV. Fain— Luke Knolton, Esq. 

Town send — 

r> . S James Clay, 

Putney- } Lucag wn ^ n 

Draper — M l - Olverd, [Alvord.] 



Westminsr-- \ ?'" ? a * 
I John Norton. 

Rockingham— Eben r - Fuller. 

Chester — John Chandler. 

Kent — Capt. Edward Aikin. 

Springfield — Jerathmel Powers.* 

Windsor — Eben r - Horsington. 

Hartford — Tho s - Hazen. 

Pomefret — 

Wethersfield — 

Woodstock — 

Hertford— Jonathan Burk. 



1 The " Westminster Massacre " of March 13, 1775. 

2 First written 22 d and altered to 24. 

3 Hon. James H. Phelps is of opinion that Mr. Powers wrote the 
given name " Jerathniel." 



352 Appendix A, No. 1. 

The Members of Fourteen [fifteen] Towns Being Present, Formed 
into a body, then Proceeded On Business. 

It- Voted that the Prisoners Now Confined at the County-house, if 
found guilty of the Crime or Crimes for which they are Confined, are to 
be Treeted and Delt with as Enimies to y e Cause & Liberties of the 
States of America. 

2 dl J- Voted that a suitable gard be set Over the Powder Now Depos- 
ited in the Jail room in the County-house. 

3 d, y- Choose Eben r Horsington, Isreal Smith, John Norton, a Commit- 
tee to Receive the Return of the Millitia & Alarm men in Order for the 
Distributing the Powder receiv d for this County, & Likewise to Report 
the Number of Effective men in the several Towns to proportion the 
powder. 

4thiy. Voted, to send a Sitation to Colo- Tho s - Chandler, Requesting 
him to appear the 24 th of this Instant, and Bring all papers that will 
give any light Consenting the Excise or Licence money. 

5th. Voted, that by Consent of Both parties continued Targat s [Tag- 
gart's] & Bennets affair to the First Tuesday of November Next. 

gthiy. Voted, that in Consequence of a Complaint Exhibited by John 
Chandler Esq., against John Grout of Chester, sent a recommendation 
to the Sub-Committee of s d Chester, to call said Grout to an account 
Touching s d Complaint & to make Report to this Body. 

7 th - Adjorn d to six OClock tomorrow Morning. 

July 24th. 

Six OClock met according to adjornment & Proceeded. 

& S ihl y- Voted to Reconsider the s d Resolve respecting the guard Over 
the Powder & Resolved that a guard of 1 Sergant & 4 private be Keept 
by night & a Sergant and 2 privatt by day, to guard as reccomended as 
above. 

9tmy. Voted, that Land d - [landlord] Nichols provide s d Guard with 
Necessary Victleing & half a pint of rum to Each man once in 24 hours. 

Likewise Voted,' their Wages of s fl guard be 3 shillings pr. day & 2 
shillings pr. Night. 

lOtMy- Voted, to Take under Consideration the Complaint of Abigail 
Fuller of Rockingham, against Gardner Simonds of s d Rockingham viz., 
the Complaint of Abigail Fuller of Rockingham, in the County of Cum- 
berland & province of New York, single woman, against Gardner Simonds 
of s d Rockingham yeoman shueth that the s d Gardner Simonds had Car- 
nal Knowledge of your Complainants Body on or [near] the middle of 
February last several times. & has & Did there & then get y complain- 
ant With Child with a Bastard Child, & that he the s d Gardner is the on- 
ly father of s d Bastard Child these are therefore to Desire you to Cause 
y e s d Gardner Simons to Come before you that he may find surities lor 
the maintenance of s d Bastard Child. 

Sign d « Abigail Fuller. 

the s d Parties Being present & the 8 d Abigail Fuller, the above Com- 
plainant, after Being suitably Interegated by the s d Gardner Simons & 
Cautioned by this Body made solomn Oath that the above s d Gardner 
Simons is Absolutely the father of a Bastard Child, whieh she is now 
pregnant with, 

Therefore Resolved that the s d Gardner Simons, Give Bonds of Fifty 
Pounds and Find two sufficient surities of Twenty-five pounds Each to 
answer at aFuture Tryal the Complaint of the s d Abigail Fuller as above 
Recorded or be Committed to Prison,— the above surities to be Holden 
and answer in Nine months. 

IQthiy. Voted to Chuse a Committee & accordingly Choose Esq. Nichols, 
Esq. Konlten & Esq. Bridgman to Draft something as Instructions to a Com- 



Appendix A, No. 1. 35 3 

mittee Choose the 12 th Day of June last past to Examine Publick Acc ts 
give Orders &c., 

11 th - Adjorn d to 2 oClock Afternoon. 

2 OClock afternoon met according to adjornment and proceeded to 
Buisiness. 

12th. Voted to Supereeed the Order past yesterday recommending to 
the Sub-Committee of Chester, to Call M 1 '- John Grout Touching a com- 
plaint Exhibited by John Chandler Esq 1 '- also resolved that the Order 
for seizing s d Grouts papers be Null & Void & that no seizure of s d 
papers be made. 

13 th Resolved that M r - John Grout answer to the Complaint Exhibit- 
ed by John Chandler Esq. as above mention d at the Next Setting of 
the Committee Viz., the first Tuesday of November Next & that the 
Complainant serve M 1 '- Grout with a Bill of Particulars within fifteen 
Days after notice of this Order. 

14 th - the Committee Choose to ascertain the Number of Effective men 
in this County, in Order to Distribute the Powder, Reported that the 
proportion of powder for the South Regement is Eleven Hundred & 
Ninety Weight, & to the Upper Regement the proportion is Six Hun- 
dred & Ten pounds. 

15 th - Proceeded to the Tryal of Phinehas Farbank, being sent to the 
Goal at Westminster for Counterfeiting, or altering some Bill or Bills 
Emj^ed by the Colonies, by the Committee of Safety of Brattleborough ; 
& after hereing the Evidence under Oath, Delibirated on the matter, 
[and] found s d Fairbank not Guilty of s d crime. 

16 th - Adjorn d to 6 O Clock tomorrow Morning. 

July 25 th - 

6 o clock, met according to adjornment. 

17 th - the Committee Choosen to Draft Something as Instructions to a 
Committee Choosen y e 12 th of June last, to Examine Publick Acc ts , & c -* 
Reported as their Opinion that all Persons Employ' 1 by the County Com- 
mittee be paid by the County, & no Other. & in perticular the Chairman 
Ought to be allow d for his Extreordinary Expenses in Calling the County 
Committee on Extreordinary Occasions together, or any other Extreor- 
dinary service, and likewise all Subcommittees, or any Other persons 
that are Appointed by the County Committee to Do Business for the 
County — the Same passed into a Vote. 

July 24th. 

Then Personally appeared before this Committee Gardiner Simons as 
Principal, and acknowledged himself to be indebted to this County Com- 
mittee in the Sum of fifty Pounds — and Colburn Preston and YVilliam 
Sterns, as Sureties, in the Sum of twenty-five pounds each in Manner 
following (viz.) : — the Condition of the above Obligation is Such that if 
the aboves d Gardiner Simons shall be ready to answer a Complaint ex- 
hibited Against him by Abigail Fuller for being the father of a Bastard 
Child, by which she (on Oath) has declared he is the father, &c, at the 
Expiration of Nine Months from the Date hereof— then this Obligation 
is void, otherwise of force. 

Test, James Clay, Chairman. 

25 th of July Took under Consideration the Case & Complaint of the 
Widdow Hannah Lovell against Lieu 1 - Philip SafFord. Both of Rocking- 
ham, Whereby the s d Widdow Lovell Complains against the s d Safford, 
for Unjustly and by Force Taken Possession of a lot of land being the 
property of & in the peasable possession of her the s d Widdow. 

Voted that the above s d Phillip Safford be removed from the lot which 
he the s d Safford has by force & arms Taken possession of from the s d 



354 Appendix A, No. 1. 

Widow Hannah Lovell and that the s d Hannah he put Immediately 
into Possession ofs d Lot of Land. 

18 th - that Lieu*- Spaldwin make suitable Confession to this Committee 
for his Conduct in Taking Col°- Wells by Millitary force, that mode of 
proceeding Being Contrary to the minds of this Committee and also a 
Violation of one Certain Resolve formerly passed by this Committee. 
M r - Spaldwin Comply d with the above Vote by his making proper Con- 
fessions &C. 1 

19 th - Adjorn d to 2 OClock afternoon. 

2 O'Clock afternoon met according to adjornment. 

20 th - Voted that Col<>- Sam'' 1 Wells Come before this Body & Be Ex- 
amined Touching a Complaint Exhibited to the County Committee 
against him the s d Wells. 

21> Voted, that the Case of Benjamin Gorton be Refer d Up to the 
first Tuesday of Novm r Next, Finding 2 good Surities of fifty pound 
Each together with giveing his own Bond for one hundred pounds for 
his apereance at that time. 

22 d - Voted, to Chuse a Committee & according Choose John Bridgman 
Esq. M r - Olverd & Mr Arad Hum to Wait on Col"- Wells & inquire in- 
to <fe se What County Monies may be in his hands & Report to this Com- 
mittee. 

23 d - Voted, that CoK Wells be Directed to settle with Cap 1 - Benjamin 
Burt, former County Treasurer, ns soon as may be. 

24 th - Voted, that the Powder Which is sent to this County by the Pro- 
vincial Congress of New- York, be delt Out to the several Towns Commit- 
tees according To the Number of the Inhabitants in the several Towns, 
and that the persons Receiving the same give a Receipt to the Chairman 
of the County Committee for the Quantity they receive, & that the same 
be kept as a Town Stock, not to be Delt out without some Extreordinary 
Occation ; & if it is Delt Out, & not Used, that Every man return the 
same to the Town Stock again. 

July 25< h - 

25 th - Proceeded to the Tryal of Edward Smith, being Committed to 
Goal for Counterfiting sertain Bill or Bills of Credit Emitted by the Col- 
onies, & after hearing the Evidences, they being duely sworne, & De- 
liberating on the Case, do agree & Resolve that s d Smith by name, 
together with the Circumstances of the Case, be put into the public Ga- 
zatte, sign d by y e Chairman, & that he, s d Edward Smith, pay the Costs 
& Charge before he depart from the Goal. Bill of Cost Filed amounting 
to £10 4, & Paid up. Adjorn d to tomorrow Morning, 6 O Clock. 

1 To this vote B. H. Hall added the following: 

In the New York Gazette of June 23d 1777, it is stated that "Judge 
Wells of Brattleborough had been lately confined to his farm and other- 
wise ill-treated," and it is known that, for a long time, permission was 
granted to any one to shoot him should he be found beyond the bounds 
of his acres. 

Although this was published a year at least after Spalding arrested 
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. 1773 to the end of that body, April 3 1775. His family 
was rewarded by the British government for his services. - See Eastern 
Vermont, pp. 718-725. Spalding was a sturdy Whig, once arrested for 
treason to British authority, and an early friend of Vermont's Indepen- 
dence. — See Eastern Vermont, p. 262, and Vt. Historical Collections, vol. l. 



Appendix A, No. 1. 355 

July 26th. 

Six O Clock in the morning, met according to adjornment. 

26 th - Voted, that in Consequence of Divors Complaints of John Grout, 
it is Recommended that if the s ci Grout shall be accused Between this 
time and the next setting of this Committee, that he be not brought be- 
fore or Tryed by the Committees of Rockingham or Chester, or Either 
of them, But Before the subcommittee of some Other Neighbouring 
Town. 

27 th - Resolved, that any person knowing of any Criminal Correspon- 
dence keept up between any person or persons in this County and the 
King's Officers in the army at Canady, on giveing notice thereof, shall 
Receive the Utmost Protection from this Committee. 

28 th - Voted to Hear M r John Grouts Complaint against Tho*- Chan- 
dler Ju r - Esq., & Directed him the s ,J Chandler to appear Before this 
Committee the first Tuesday of Novem r - Next & Strictly Injoyned him 
to be of the good Behavour towards the s d Grout & his family in the 
mean Time. 1 



Meeting of the Committees of Cumberland and Gloucester 
Counties at Windsor, August 6, 1770. 

[From the Pingry Papers.) 

August 6 lh < 1770. 
The Committee of the County of Cumberland In Conjunction with 
the Committee for the County of Glouster, meet at Windsor Town- 
house in Order to appoint Officers, such as Cap ts - Lieu ts - &c, for a 
Ranging Department granted by the Provincial Congress at N : York, 
viz: 252 Out of the Counties of Cumberland & Glouster, to the Com- 
mand of Which they have Appointed & Commission' 1 M r - Joab Hosing- 
ton [Hoisington] Major. 

Following Members Being Present, Formed into a body & Proceeded 
to Buisness: 

Cap 1 - James Clay, Isreal Burllingame, M r - Tylden, 2 
Elkanah Day, Cap 1 - Curtis, Lieu 1 - strong, 

Eben 1 '- Fuller, Eben 1 *- Hosingtm, Benj a - Emmons, 

Jon a - Burk, M r - Upham, Lieu 1 - Powers. 

Colo- Kent, 3 
Choose Cap 1 - Clay, Chirman, and D' '• Elkanah Day, Clerk. 
I 1 - Agreed to appoint 3 Cap ts - and 4 Lieu ls - in the County of Cum- 
berland, and one Cap 1 - & 4 Lieu* 8 - in the County of Glouster. 

1 Judge Pingry suggests that four pages [a sheet] or more following 
this entry are lost. The fact that no adjournment to a future day is en- 
tered, if unexplained, would countenance this supposition: but the 
meeting of Juty 23- 0, 1770, was a special one, as was also that of Au- 
gust 0th. and neither adjourned to a* future time. The meeting of June 
21-22 adjourned to the first Tuesday of November, when the Committee 
met pursuant to that adjournment. The editor believes for that reason 
that no part of the record has been lost, and for still another, to wit: the 
records of July 23-20, and of August 0, and the beginning of the record 
of Nov. 5-8, are upon one and the same sheet. 

2 Stephen Tilden of Hartford. 

3 Col. Jacob Kent of Newbury. 



356 Appendix A, No. 1. 

2 d - Proceeded to Chuse the Officers for Cumberland County. 1 st - Ap- 
pointed Benjamin Wait of Windsor y e l l - Cap*- in the above Depart- 
ment. Elisha Hawley l 1 - & Zebelon Lyon [ 2 d ] his Lieu ts - [All com- 
missioned by New York.] 

3diy. Appointed Maj r - Joel Marsh, Cap 1 - in s d Department. [Not com- 
missioned, and probably declined. — See othly.] 

4 1 J- Appointed Cap'- Sam 1 - Fletcher [of] Townsend a Cap 1 ' Benj. 
Whitney [of] Westminster. I 1 - Lieut. [Abner Seelye commissioned in- 
stead of Mr. Fletcher; Whitney was commissioned.] 

5thiy. Voted to Chuse a Committee, & accordingly Choose Thomas 
Hazen, Stephen Tylden, Lieut. Strong, J. Winchester Deny [Dana,] to 
Join the Committee of Glouster County to appoint their proportion of 
Officers for the above Arangement, Viz. 1 Cap*- & 4 Lieu ls -< & to meet 
at Abner Chamberlains in Thetford Next Tuesday at 10 OClock Be- 
forenoon & to appoint a Cap*- In sted of Maj 1 '- Marsh in Case he refuse 
— also appointed Col"- Kent to mannage s d meeting & make proper return 
to New York, sign d by the Charman. 

gthiy. Voted that the sub-committees of the several Towns in this 
County to se the Association Contain 01 in the Late Handbill from N. 
York is Universally subscribed to & the Refusers to sign Proceeded 
with According to s d Handbill. 1 

1 B. H. Hall has stated that much dissatisfaction prevailed as to the 
manner in which this meeting was conducted. Only twelve members 
of the Cumberland County Committee of Safety were present, with one 
from Gloucester county. The chairman was unwilling to proceed, but 
was overborne by Major Hoisington, who insisted that a quorum was 
not necessary for the business of nominating officers. Perhaps the chan- 
ges ultimately made were occasioned by this dissatisfaction. The meet- 
ing was held at Thetford to name the officers for Gloucester county, 
the full list was read in the Provincial Convention on the 26th of Sep- 
tember, and the officers commissioned were sworn on the 10th of October. 
The number of Rangers authorized to be raised on the 23d of July was 
two hundred and fifty, divided into tour companies, the whole to be under 
the command of Maj. Joab Hoisington. The company officers 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 Hatch, Simon Stevens, Amos Chamberlain, 

Abner Seelye, Benjamin Whitney, Jehial Robbins. 

Capt. Seeley resigned Dec. 22 1776, having been named Captain in 
Warner's regiment by the resolution of the Continental Congress of 
July 5 1776. He was afterward commissioned by Vermont. — See B. H. 
Hall's Eastern Vermont, pp. 265-8, 772. 



Appendix A, No, 1. 357 



Meeting of Cumberland County Committee at Westminster, 

Nov. 5-9, 177(5. 

[From the Pingry Papers.'] 

Tuesday, 5 th Novem r - 1776. 
The County Committee Met according to Adjornment. A Number 
but not a Sufficient Coram to Proceed to Buisness the Members Pres- 
ent Concluded to adjourn to tomorrow morning Nine O Clock, at the 
County House. 

Novem r - 6 th - 
Meet according to adjorn 1 - Members Present - 

r> \ Cap 1 - James Clay, Townsend — Cap 1 - Fletcher. 

Putney- -j Lucas Willson . Wmmtmimm ,^ J Lt- Norton, 



Boclcingham— Will™ Simons. Westminster -j Dr< 1)ay 



Chester- 



John Chandler, Hindsdale— John Bridgman, Esq. 



Cap*- George Earl. Gillford—Y.sq. Nichols. 

Hallefax — Pelatiah Fitch. Fulhm — Lieu 1 - Spaldwin. 

Newfain — Luke Knolton, Esq. Brattle — Cap 1 - Servants. 

Wiyisor — Eben''-. Hoisington. Springfield— Simon Stevens, Esq. 

Woodstock — Benj il - Emmons. Kent— Cap 1 - Akin. 
Wilmington ) 

[or] > Sam 1 - King. 
Draper — ) 

Formed into a Body & Proceeded to Business. 

It- Voted that [the] Case of W 11J - Tagart against Nath el - Bennet Be 
Continued up to the Next Sitting of the County Committee. 

2 d - Adjorn d to 3 O Clock afternoon, then to meet at this place. 

3 OClock afternoon, meet according to ajornment. 

3diy. Voted to sight Jonathan Fuller to appear forthwith Before the 
County Committee to answer to Ichebod Ide, Ju r - 

4 Ul - Adjorn d to tomorrow morning seven oclock. 

Novem r 7 th - 

7 o Clock in y e morning, met according to adjornment. 

In Consequence of a Petition from Alexander Kathan of Fullam, 
against Ebenezer Haven, seting forth that said Haven has Depriv d said 
Kathan of a certain run of Waiter. Voted, that it be recomended to the 
Committee of Fulham to remove Said Nusance. that the Water may run 
in its Naturall Course ; & we also Desire that you would See to it That 
all Such [Disputes] be Setled in your Town H[ereafter, and] that no 
Person be Depriv d of that Which God & Nature [have given] by no 
Means Whatsoever. 1 

Voted, that whenever there is any thing that is Perferred [to] this 
Committe that has a Tendency to Disquiet and Perplex the good people 
of this County and this C6mmitte whereby we are Detained & hindred 
of Carriing on business that whoever of said parties shall fall in the Rear 
Damages Shall be awarded and on failure of Immediate payment or Suf- 
ficient Sureties shall be Committed till payment is made. 

Voted, by this Committe that the Committe of Safety for the Town of 
Westminster Immediately take Solomon Phelps and Convey him to y e 

Portions of two leaves are gone, and the missing words are supplied 
by Conjecture. 



85 8 Appendix A, No. 1. 

Com ee of the Next Town and so on till be is Conveyed as was the Prac- 
tice in times Past till he is Conveyed to his own home. 1 

Voted, Gen 1 - it is our minds to move that the Letter Drawn by Esq. 
[Charles] Phelps and signed by the Chairman of this Committe may be 
by order of this Committe withdrawn from the Convention of this State 
[New York.] 

Voted to with Draw this Letter. 2 

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 Cumberland, think our selves Bound in the Strongest Ob- 
ligations to stand For the Pease & Good Order of this County, Under the 
Directions of Hon bl the Continental Congress, & we Whose names are 
hereunto subscribed are of Opinion that the Major part of the s (1 Com- 

1 Solomon Phelps was the first son of Charles Phelps. In reference 
to this vote B. H. Hall said : " Complaint was made, and the fact w r as 
proved, that Solomon Phelps of Marlborough had made himself obnoxi- 
ous to those engaged in administering the affairs of the county ;" this 
probably meaning that he had interfered improperly and to the vexation 
of the Committee after he. had ceased to be a member of it. Mr. Phelps 
was a Whig, but unfortunately he was occasionally insane. — Eastern 
Vermont, pp. 277, 691. 

2 The letter of the 21st of June was very distasteful to the New York 
Convention. That body had authorized the raising of a force of two 
hundred and fifty Rangers, and on the 24th of July 177G commissioned 
Joab Hoisington as major commanding. When the question of furnish- 
ing money and military supplies came up, opposition was made on the 
ground that the fidelity of the county to New York was doubtful. The 
matter was settled by voting money for the wages and rations of the Rang- 
gers, but entrusting it to a Committee, whose duties were to see that it was 
faithfully applied and to consult with the general Committees of Cumber- 
land and Gloucester. This Committee was instructed " to inquire into 
the temper of the inhabitants of said [Cumberland] County, and the 
grounds of any discontent which may prevail among the uninformed, or 
which may be encouraged by designing men, and use their endeavours 
to remove the same, and to frustrate any attempt to sow the seeds of 
jealousy and disaffection. And, lastly, that they represent to the com- 
mittee of the said county of Cumberland, the wisdom and propriety of a 
revision of the said letter, [of June 21,] and of an unreserved submission 
of the said county to the jurisdiction of this state, [New York,] so that 
all causes of distrust may subside, and the harmony which is so essential 
at this important conjuncture, may be fixed on the surest foundation." — 
Eastern Vermont, 263-274. When the Cumberland County Committee 
met, in November, its members were embarrassed by danger apprehend- 
ed from the British forces under Gen. Carleton, then on LakeChamplain. 
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 

raittee act Repugnant to the resolves of the Hon bl Continental Congress : 
therefore, we Whose names are Hereunto Ennexed, Enter Our Disent 
from s d Committee of Safety, and Our Protest against the further Pro- 
ceedings of this Committee as Committee of Safety for the County. 
Westminster, 7 th Novem r - 1776. 

John Chandler, 
W m - Simons, 
Leonard Spalding, 
We whose Names are to this an- Joseph Hildreth, 

nex d - moove that y e Protest above George Earll, 

Written may be withdrawn, & we Eben 1 - Hoisington, 

to Join again as members. Sam el Fletcher. 1 

John Chandler, 
Eben 1 "- Hoisington, 
W m - Simons, 
Joseph Hildreth, 
George Earll, 
Leonard Spalding, 
Sam 1 - Fletcher. 

Adjorn d to 7 o clock Tomorrow Morning. 

Novem r - 8 th - 

7 o clock in the Morning meet according to adjorn 1 - 

Voted to Chuse a Committee, & according Choose John Bridgman, 
Esq r -< Eben 1 - Hoisington, D r Fitch, John Chandler, Esq., & Esq. Knol- 
ton To Deliberate on Withdrawing a Peise Sent to the Provincial Con- 
gress of Esq. [Charles] Phelps s Draft Touching being Laid to Massachu- 
setts Bay or some Other State, & to frame something to send in its sted 
and to make Report. 

Took under Consideration the Case of Benjamin Gorton Being Bound 
Up to this Time & setting of the County Committee — and find no Evi- 
dence or any Person to Accuse him the s d Gorton, therefore Discharge 
him by Giveing Up his Bond. 

Adjorn d - to Two O Cock afternoon. 

2 O Clock afternoon & Meet according to Adjornment. 

Took under Consideration the Complaint of M r - John Grout against 
Maj r - Tho s - Chandler, [Jr.,] 13 Members Being Duly sworne, & after 

1 All doubtless deemed it important to preserve the rights reserved in 
the letter of June 21, but a majority of them esteemed it to be so in 
view specially of the independence of Vermont. Mr. Fletcher was a 
member of the Dorset Convention of July 24, 1776. and of the West- 
minster Conventions of Oct. 80, 1776, and Jan. 15, 1777; Messrs. Hois- 
ington, Hildreth, and Spalding were members of the Dorset Convention 
of Sept. 25, and the Westminster Convention of Oct. 30, 1776; Mr. 
Hoisington was a member also of the Westminster Convention of Jan. 
15, and the Windsor Convention of June 4, 1777; and Mr. Spalding was 
also a member of the Convention last named. It will be observed that 
the compromise agreed to on the same day, on which these gentlemen 
resumed their seats in the Committee, reserved the right of appeal from 
New York to the Continental Congress. This confirms a report, which 
one of the committee of the New York Convention made a few days be- 
fore, (Nov. 3,) that was on the whole unfavorable to the jurisdiction of 
New York. — Easter