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RECORDS
OF THE
GOVERNOR and COUNCIL
O^ THE
STATE OF VERMONT
VOLUME III.
EDITED AND PUBLISHED BY AUTHORITY OF THE STATE
By E. P. WALTON.
MONTPBLIER:
STEAM PEESS OF J. & J. M. POLAND.
1875.
f4l
/.3
-
CONTENTS OF VOLUME III.
I. PORTRAIT of Gov. Isaac Tichenor, facing the title-page.
II. RECORD of the. GOVERNOR AND COUNCIL, Oct. 1782
to Jan. 27 1791 1-229
Record of the Sixth Council, Oct. 1782 to Oct, 1783 1-22
Record of the Seventh Council, Oct. 1783 to Oct. 1784 23-49
Record of the Eighth Council, Oct. 1784 to Oct. 1785 50-75
Record of the Ninth Council, Oct. 1785 to Oct. 1786, 76-99
Record of the Tenth Council, Oct. 1786 to Oct. 1787 100-144
Record of the Eleventh Council, Oct. 1787 to Oct, 1788 145-165
Record of the Twelfth Council, Oct. 1788 to Oct. 1789 166-183
Record of the Thirteenth Council, Oct. 1789 to Oct. 1790. . .184-204
Record of the Fourteenth Council, Oct. 1790 to Jan. 27 1791.205-229
III. APPENDIX A. — Resolutions of Congress hostile
to Vermont, Dec. 5 1782, and related documents 231-265
Gov. Clinton to Committee and Convention in Cumberland
[Windham] county, May and Sept. 1782, and accompany-
ing documents 232-242
Gen. Jacob Bayley to Gov. Clinton, Sept, 30 1782. . . ......... 228
Gen. John Sullivan to Maj. Gen. Lord Sterling, Oct. 4 1782. . 238
Proceedings of Legislature of Vermont, Oct. 1782.. . 242-245
Action in Congress on Vermont, Nov. 5 to Dec. 5, 1782,. . . .245-251
Instructions of the Legislature ol New Jersey, favorable to
Vermont 248
Resolutions of Congress, Dec. 5 1782, and vote on 249-250
New York Delegates in Congress to Gov. Clinton, Dec. 9 1782 . 251
Gov. Clinton to Alexander Hamilton, Dec. 29 1782 252
Gov. Chittenden to Stephen R. Bradley, Dec. 24 1782 253
Remonstrance of the Governor and Council to the President
of Congress, Jan. 9 1783 254-262
Gen. Washington to Congress, Feb. 4, and to Joseph Jones,
of Va., Feb. 11 1783 262
IV. APPENDIX B.— Renewed Application of Vermont
for admission into the Union, and documents
thereon 266-296
Proceedings of Vermont Legislature, Feb. 1783 266-272
M160115
iv Contents.
Resolution, and address to Congress, declaring the attachment
of Vermont to the common cause 269-272
Vermont matters in Congress, Feb. to May 1783, embracing
letter and papers from Gov. Chittenden, and papers from
Gov. Clinton 273-277
Application of New York to Congress for Troops to be con-
trolled by New York, March 1783: statement of John C.
Hamilton, and letter of Gov. Clinton to Col. Timothy
Church 277-280
Proposed Partition of Vermont, May 1782: Resolutions and
Memorial of a Convention of committees of Newbury,
Bradford, Norwich, and Hartford; letter of Gen. Jacob
Bayley to President Weare, Col. Thomas Johnson to
Gen. Washington, Prest. Weare to Gov. Clinton, and Res-
olutions of New-Hampshire; letters of New Hampshire
Delegates in Congress to President Weare, and of Alex-
ander Hamilton and William Floyd to Gov. Clinton 280-289
Views of New York statesmen on the policy of New York in
the controversy, whether of conciliation or force :
John C. Hamilton on Alexander Hamilton 289
Alexander Hamilton to Gov. Clinton, July 1783 291
Gouverneur Morris to Gov. Clinton, 1778, and other letters. .291-296
Roger Sherman of Conn., to Josiah Bartlett of N H., July 31
1781 .".... 293
V. APPENDIX C— Insurrection in Windham county,
and its bearing on the Vermont question in Congress,
Oct. 1783 to Oct. 1784 297-336
Action of Vermont Legislature, Oct. 1783 297-302
Proclamation of Gov. Chittenden for thanksgiving for Provi-
dential aid in the revolutionaiy war, &c 300
Suppression of the insurrection: petition to Vermont from
citizens of Windham county, and reply of Gov. Chittenden;
Stephen R. Bradley to the inhabitants of Guilford and
vicinity, and the printers of the Vermont Journal 302-307
Proceedings of the Legislature, Feb. and March 1784 307-315
Gov. Chittenden to Gov. Hancock of Mass., March 10 1784.. . 312
Proclamation of neutrality by Gov. Hancock, March 26 1784.. 313
Act of Vermont against treason, March 2 1784 314
Proceedings in Congress in 1784, and related documents 315-329
Instructions of New York to its delegates in Congress, Feb.
and April, 1784 315-318
Instructions, same to same, to ask for troops 319-320
Action of Vermont Council in respect to force, April 1784—
letter of Gov. Chittenden to Congress 321
Renewed application of New York for troops, action of Con-
gress on •. 323-326
Contents. v
Report of Committee of Congress in favor of Vermont 326-329
Defence of the policy of Vermont, by Ethan Allen 329
Action of Vermont, Oct. 1784: Micah Townsend to the Ver-
mont Gazette, and Brockholst Livingston to Townsend,
on Townsend's case in New York courts; clemency to
the insurgents in Windham county 330-334
Elections of Vermont Agents and Delegates to Congress 334
Sentiments of Vermont after the peace of 1783 334-336
VI. APPENDIX D.— Obstacles in Congress to the ad-
mission of new States into the Union, 1785-6 337-340
VII. APPENDIX E.— Conflicting Titles to land in Ver-
mont, AND MEASURES OF RELIEF 341-356
Trials of titles prohibited 341
The Betterments Acts : 343-356
First act, 1781 . 344
Prohibition of the trial of titles repealed 345
Proposed acts of March and Oct. 1784 345-9
Preamble to the act proposed in Oct. 1784 348
The second act, 1785 349-352
The third act, 1785 352-354
Remarks of Daniel Chipman on these acts 354-6
VIII. APPENDIX F. -Vermont at the period of Shays's
Rebellion— 1784-1787 357-380
Public discontent — meeting in the town of Wells,— first Coun-
cil of Censors 357-359
Address to the public by Gov. Chittenden, Aug. 1786 359-361
Meetings of malcontents in Rutland county 361-2
Action of the Legislature, Oct. 1786: petitions of grievance,
of Pittsford in full; remarks of Daniel Chipman on the
temper of the legislature; action on disputed questions
postponed by a reference of them to the people 362-366
Unsuccessful insurrections in Windsor and Rutland counties.366-369
Action of the Legislature, Feb. and March 1787: votes of the
people on the questions referred; expulsion of an insur-
rectionist from the House by a unanimous vote; the mili-
tia thanked; act to prevent riots and punish rioters 370-375
Aid to Massachusetts in Shays's Rebellion 375-380
Proclamation of Gov. Chittenden, Feb. 27 1787 377
Shays's men driven from Vermont.. 378
Ethan Allen to Col. Benj. Simmons of Mass 379
Arrest of Massachusetts insurgents in Vermont 380
IX. APPENDIX G.— Vermont Acts of Sovereignty 381-420
Bills of Credit in 1781 : act for, fac simile of bills, and act
taking off the tendry thereof, 381-383
Coinage of Copper Money: fac simile of Vermont. coin. . 383-4
vi Contents.
Naturalization Acts in 1785 and 1787 384-392
Act to naturalize Solomon Willard of New Hampshire 384-5
Naturalization of Hector St. John de Crevecoeur, a citizen of
France, and his children born in America: application. . 385
St. John to Ethan Allen, May and July 1788 386-390
Ethan Allen to St. John, March 2 1786 390-391
Act of naturalization 391-2
Post-Office Department established 392-395
Acts of 1784 and 1787 392-394
Mail routes in Vermont in 1792 395
Negotiations on Commerce between Vermont and
foreign Countries 395-420
Proceedings and act of the legislature in 1784 395-398
Keport of Ira Allen, June 1785 398
Proceedings in legislature in Feb. 1787 400-442
Proclamation of Lord Dorchester on trade with Canada
through Lake Champlain, April 18 1787 402
Ordinances of the Legislative Council of Quebec on the same
subject, April 30 1787, April 14 1788, and in 1790 403-407
Negotiations for a Ship Canal from Lake Champlain to
St. Lawrence river 407-420
Extract from Ira Allen's History of Vermont 407
Levi Allen claiming to be Agent of Vermont in England, in
1789; his memorial in 1791 408-410
Ira Allen's negotiations in England in 1784-5, and 1795 to
1798 411-418
Ira Allen's summary of his public services 418-420
X. APPENDIX H.— Settlement of the Controversy
with New York 421-463
William Samuel Johnson, of N. Y., to Gov. Chittenden, Oct.
18 1785 421
Action in New York favorable to Vermont in 1787. .422-438
Speech of Alexander Hamilton in favor of Vermont, March
15 1787 423
Reply of Richard Harrison to Hamilton 424-429
Hamilton's rejoinder to Harrison 430-438
James Madison to Gen. Washington, March 18 1787 438
John Adams to John Jay, May 8 1787 . 439
Correspondence in 1788 441-446
Nathaniel Chipman to Alexander Hamilton, July 15 1788. . . . 441
Hamilton to Chipman, July 22 1788 442
John Kelly, of N. Y., to Gov. Chittenden, Aug. 23 1788 443
William Blodgett, in Conn., to Gov. Chittenden, Sept. 10 1788. 444
Wm. Samuel Johnson of N. Y. to Gov. Chittenden, Oct. 3
1788 . 444
Alexander Hamilton to Nathaniel Chipman, Oct. 1788 445
Contents. vii
Action of New York in 1789 447-460
Memorial of John Jay and others, Feb. 13 1789 447
Act of New York to negotiate with Vermont, July 14 1789. . . 448
New York Commissioners to Gov. Chittenden 449
Action of legislature of Vermont, Oct. 1789, and act appointing
Commissioners 449-450
Correspondence of the Commissioners, Feb. 1790 451-453
Act of New York giving Commissioners full powers, March
6 1790 453
Objections of Gov. Clinton thereto overruled 454-456
Final correspondence of Commissioners of the two States. .456-458
Act of the New York Commissioners closing the controversy, 459
Action of Vermont thereon, Oct. 1790 460-463
Report of the Commissioners of Vermont 461
Act directing the payment of thirty thousand dollars to the
State of New York 462
XI. APPENDIX I.— The Vermont Convention of Jan. 1791,
to ratify the Constitution of the United States — its pro-
ceedings and debates, &c 464-484
Act of the Legislature calling the Convention 464
Letter from a citizen of New York, urging Vermont to join
the Union, Oct. 30 1790 465
Proceedings and Debates of the Convention 466-482
Roll of Members 466
Remarks of
Stephen R. Bradley of Westminster 475, 479
Daniel Buck of Norwich 473, 476
Nathaniel Chipman of Rutland 468-472, 478
Benjamin Emmons of Woodstock 472, 478
Daniel Farrand of Newbury 477
Benjamin Greene of Windsor 467, 477
Beriah Loomis of Thetford , 476
Nathaniel Niles of Fairlee 479
Israel Smith of Rupert 476
Act of the Convention, signed by the Delegates 480
Names of the dissenting Delegates 481
Resolutions of the Convention 481
Vermont honored at Albany, N. Y 482
Celebration at Rutland 483-4
XII. APPENDIX K.— Admission of Vermont into the
Union 485-489
Act of Vermont appointing Commissioners to Congress 485
Message of Prest. Washington to the Senate, and action
thereon 486
Nathaniel Chipman to Gov. Chittenden, March 23 1791 486
viii Contents.
Vermont Commissioners to Gov. Chittenden, May 2 1791 487
Thomas Jefferson to Gov. Chittenden 487
Acts of Congress:
For the admission of Vermont into the Union 487
Fixing the number of Representatives in Congress for
Kentucky and Vermont 488
Giving effect in Vermont to the laws of the United States, 488
First United States officers in Vermont 489
XIII. APPENDIX L.— Papers of Charles Phelps, Esq.,
of Marlborough, on the controversy with New York, &c,
1770 to 1777 , 490-498
XIV. Additions to and Corrections of Vols, i, ii, and iii..499-514
Credentials of the first Agents of Vermont to Congress. . ... 499
Proceedings in full of the Convention at Cornish, N. H., Dec.
9 1778 499-501
Capt. Remember Baker and family 502
Col. Seth Warner and the Warner family 502-503
Gen. Roger Enos in Arnold's invasion of Canada in 1775 505-506
Rev. Dr. Samuel A. Peters and family, with geneological
notes on Thos. Chittenden, Moses Robinson, and others.. 507-508
Cause of Gov. Chittenden's defeat in 1790 508-513
Other personal notes, corrections, &c, 501, 503-4, 506-7, 513, 514
XV. Acknowledgments 514
THE SIXTH COUNCIL.
OCTOBER 1782 TO OCTOBER 1783.
Thomas Chittenden, Williston, Governor.
Paul Spooner, Hartland, Lieutenant Governor.'1
Councillors :
Joseph Bowker, Eutland,
Timothy Brownson, Sunderland,
Moses Robinson, Benningion,
Jonas Fay, Bennington,
Peter Olcott, Norwich,
Ira Allen, Colchester,
Joseph Fay, Bennington, Secretary,
Thomas Tolman, Arlington, Deputy Secretary.
Benjamin Emmons, Woodstock,
John Fassett, jr., Arlington,
Samuel Fletcher, Townshend,
John Thro op, Pomfret,
Thomas Porter, Tinmouth,
Samuel Saffokd, Bennington.1
BIOGRAPHICAL NOTICES.2
Thomas Porter was born in Connecticut, in June 1734, and served
in the British army at Lake George in 1755, and also in the army of the
revolution. He was a farmer, but nevertheless prominent and influen-
tial in public affairs. He removed from Connecticut — probably Corn-
wall,— to Tinmouth, Vt., in 1779, being then in his forty-fifth year. In
1780, '81, and '82, he represented Tinmouth in the General Assembly,
but only for a few days in October 1782, as he was then transferred to
the Council. It is remarkable that he was elected Speaker in his first
term, on the resignation of Thomas Chandler, jr., and re-elected in 1781
lOct. 10 1782, Mr. Spooner was declared to be elected a Councillor
on the 11th he was elected Lieutenant Governor in joint assembly, no
election having been made by the people; and on the 12th, Gen. Samuel
Safford was elected Councillor by the Governor and Council, to fill Mr.
Spooner's place.
2 For notices of the seven first named, see Vol. i; and of Messrs. Fas-
sett, Fletcher, and Throop, see Vol. n.
2
2 Governor and Council — Biographical Notices.
and '82, which office he held when he was declared to be elected a Coun-
cillor. He served in the last named office continuously until 1795, a
period of thirteen years, and two years as judge of Rutland county
court. His public service in Vermont therefore embraced seventeen
years; but it has been said of him that his legislative service in Connec-
ticut aDd Vermont covered a period of thirty-five years. Judge Porter
died at Granville, N. Y., in August 1833, at the age of ninety-nine years
and three months. This great age indicates that he was unusually sound
in mind and body — a well-balanced man. His high public offices also
indicate both an estimable character and good talents, qualities which
were exhibited in the very highest degree by his son, Rev. Dr. Ebene-
zer Porter, who, from 1811 to his death, April 8 1834, was highly dis-
tinguished as a professor and president of the Theological Seminary at
Andover, Mass. — See Drake's Dictionary of American Biography; Dem-
ing's Catalogue; and Allibone's Dictionary of Authors.
Samuel Safford, eldest son of Dea. Joseph Safford of Bennington,
was born at Norwich, Conn., April 14 1737. He was one of the early
settlers of Bennington, and actively engaged in the defence of the state
through all the long and bitter contest with New York. From 1775
to the close of 1807, a period of thirty-two years, he was almost con-
stantly employed in public services, both military and civil — as Major in
"Warner's battalion in 1775, lieutenant colonel in Warner's continental
regiment, serving in Hubbardton and Bennington battles, and subse-
quently until June 1781, when he was elected brigadier-general of Ver-
mont militia; as delegate in one of the most important conventions pre-
ceding the declaration of state independence — the Dorset Convention of
Sept. 1776; as representative of Bennington in the General Assembly
in 1781, to which office he was re-elected in 1782, and in which he served
until he was transferred to the Council; as Councillor from 1782 until
1805, twenty-three years in succession; and for twenty-six years in suc-
cession, ending in 1807, as chief judge of Bennington county court. He
was among the few who were cognizant of the Haldimand negotiation,
but his patriotism was never questioned. From 1804 until his death,
March 3 1813, he was a worthy member of the congregational church,
and for most of that time a deacon. — See H. Hall's Early History of
Vermont; Deming's Catalogue; and Memorials of a Century, Bennington.
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
SESSION OF THE GENERAL ASSEMBLY AT MANCHESTER,
October, 1782.
State of Vermont, Manchester, Thursday, Octr- 10, 1782.
At an annual Meeting of the Governor & Council, agreeable to Con-
stitution. Present, His Excellency Thomas Chittenden Esq. & the fol-
lowing Members of The Honorable Council, viz*; Moses Robinson, Tim0-
Brownson, Paul Spooner, Ira Allen, Samuel Fletcher & Benja- Emmons,
Esq18-1
Having agreed to proceed to Business, a Motion was made that a Com-
mittee be appointed from the Council, consisting of three Members, to
join a Committee from the House, to receive, sort, & count the Votes of
the Freemen, and declare the several Persons chosen to the Offices of
Governor, Deputy Governor, Treasurer & Councillors, for the Year en-
uing. Members chosen, Mr. Robinson, Mr- Spooner, Mr- Brownson, M>
Fletcher, Mr Allen, & Mr- Emmons.
The Committee to whom was referred to Count, & Sort the Votes of
the Freemen, & declare the Persons chosen, brought in their Report as
follows, viz4: That His Excellency Thomas Chittenden, Esquire, is elected
Governor for the year ensuing: That there is no choice made of a Deputy
Governor. That the Honble Ira Allen Esq. is elected Treasurer for the
Year ensuing, and that the Honorable Moses Robinson, Paul Spooner,
Joseph Bowker, Samuel Fletcher, Jonas Fay, Benja- Emmons, Tim0-
Brownson, John Throop, Ira Allen, John Fasset, Junr- Thomas Porter,
& Peter Olcott, Esquires, are elected Councillors for the Year ensuing.
Adjourned to Nine of the Clock Tomorrow Morning.
Friday, October 11th- 1782.
Met according to adjournment.
The several Officers, Members of Council, having taken the necessary
Oaths, to qualify them to their Office; The Governor and Council pro-
xFrom the Assembly Journal, Oct. 10 1782:
_ Agreeable to the Request of the General Assembly at their last ses-
sion the Rev'd Mr- Gershom Clark Lyman preached an Election Sermon
— after divine service was performed —
Resolved that a Committee of fifteen to join a Committee from the
Council be appointed to receive, sort, and count the votes for Governor,
Deputy Governor, Treasurer, and Counsellors [Councillors.]
4 Governor and Council — October 1782.
ceeded to join the General Assembly to elect, by joint Ballot, a Deputy
Governor, agreeable to Constitution. The Ballots being taken, the Hon-
orable Paul Spooner Esqr- was elected and declared Deputy Governor for
the Year ensuing, who subscribed the necessary Oaths. Proceeded by
joint Ballot to the Election of Five Judges of the Superior Court for the
Year ensuing, and the Ballots being taken the following Gentlemen
were declared chosen, viz1; The Honorable Moses Robinson, Chief Judge,
Paul Spooner, Jonas Fay, John Fasset Junr-, & Peter Olcott Esqr% Side
Judges.
A Bill from the House, appointing a Committee of seven to join a
Committee of Council to make an Arrangement of the necessary Busi-
ness of the present Session. Resolved, That Mr Robinson and Mr
Allen be a Committee to join said Committee for the Purpose aforesaid.
A Petition signed Stephen Pearl, Gideon Brownson, & others, was
read, praying for Liberty for William Marsh to visit his Family in Dor-
set,— Resolved, that the Prayer of said Petition be, and is hereby
granted, on Condition that the said Marsh return within Fourteen Days,
and that he sign a Parole, that he will not do anything directly or indi-
rectly prejudicial to this State, or any Subject thereof.
A Petition signed David Goff was read, and ordered to be lodged on
the Files.
A Petition signed Asaph White was read, and ordered to be lodged
on the Files.
Resolved, That Joseph Fay Esq. be and he is hereby appointed Secre-
tary to the Governor and Council for the Year ensuing.
Adjourned to Nine of the Clock, Tomorrow Morning.
Saturday, October 12th- 1782.
Met according to Adjournment.
A Pass was granted at the Request of Isaac Vannaughnum & Jesse
Welden, giving Liberty to the said Isaac & Jesse to pass to Onion River,
& the Northern part of this State for the purpose of Hunting.
A Bill from the House, appointing a Committee to join a Committee
of Council to take Under consideration the first, Second and Third Arti-
cles of the Report of the Committee for arranging the Business of the
present Session, having been brought in & read, Resolved, that a Com-
mittee be appointed to join said Committee. Members chosen, Gov.
Spooner & Mr- Porter.1
A Bill from the House being brought in and read, appointing a Com-
mittee to join a Committee of Council, to consider the Fifth Article in
1 The articles referred to were reported by the committee appointed
on the 11th to arrange business, and are as follows:
1st — That a tax be levied of 7d on the pound, to be paid in Due-Bills,
Pay-Table Orders, the paper Currency of this State, or hard money.
2d — That a tax of 3d on the pound be laid to be collected in hard
money only.
3<uy — Take under consideration the mode of collecting the provision
due from the respective towns and converting it for the payment of the
Soldiers and Commissary's debts.
5th — Take proper measures to regulate the press within this State —
printing and promulgating the Laws. — [See note, post, p. 9]
7th — To take measures for the Settlement of the debts against tory
Estates.
Governor and Council — October 1782. 5
the Arrangement of Business, which respects the regulating the Press,
&c. Kesolved, that a Committee be appointed to join said Committee.
Member chosen, Mr- Allen.
A Bill from the House being brought in & read, appointing a Com-
mittee to join a Committee of Council to consider the Seventh Article
in the Arrangement of Business, which respects measures for Settlement
of Tory's Estates, — Resolved, that a Committee be appointed to join said
Committee. Members chosen, Mr Robinson & Mr- Fletcher.
Council proceeded to the Choice of a Member in the Room of His
Honor Paul Spooner Esqr- elected Deputy Governor, and the Ballots be-
ing taken, General Samuel Safford was elected — and subscribed the nec-
essary Oaths.1
Adjourned to Eleven of the Clock Monday next.
Monday, October 14th- 1782.
Met according to Adjournment.
A Petition signed Bosteon Deal,2 Peter Fosburgh,3 & others, having
been read, and a Committee having been appointed thereon in the
House, to join a Committee of Council, Resolved, that a Committee be
appointed to join said Committee. Members chosen i Mr Safford and Mr-
Brownson.
A Return of the election of Judges of the County Court for the County
of Windsor being brought in and read, & it appearing that the People
of the County were not fully notified of the Time of holding said elec-
tion, Resolved, not to issue Commissions on said Election.
A Petition signed John Puller, Constable of Rockingham, having been
brought in and read, and a Committee having been appointed thereon in
the House, to join a Committee of Council, Resolved, that a Commit-
tee be appointed to join said Committee. Members chosen, Mr# Porter
and Mr- Allen.
Resolved, that a Committee of Council be appointed to join a Com-*
mittee from the House, on a Petition signed Eleazer Patterson Junr»
Richd- Prouty & others. Members chosen, Mr Porter & Mr- Allen.
A Passport was given to Cap1- Jn°- Hill and Son, & Mr- Moses Yale, to
pass to the northern Parts of this State, for the Purpose of Hunting.
A Petition signed Elias Stevens of Royalton having been brought in
and read, & a Committee having been appointed thereon in the House
to join a Committee of Council, a debate ensued on the Question
whether a Committee be appointed to join said Committee, as the ad-
verse party had not been cited to answer to the same, and the same be-
ing put, it passed in the negative.
Adjourned to Xine of the Clock Tomorrow Morning.
1 This election was not made by the Council until the Assembly had
been asked to nominate a candidate. The record in the Assembly Jour-
nal for Oct. 12 is as follows:
His honor Paul Spooner Esqr- made a verbal request to this House
from the Council that they would nominate a person for Counsellor in
the room of Paul Spooner Esqr- chosen Deputy Gov1-- — On motion made
that this House do nominate a person for a Counsellor agreeable to said
request — the question was put and passed in the Negative.
2 Bastian in the Assembly Journal.
3 Forsbury in the Assembly Journal.
6 Governor and Council — October 1782.
Tuesday, October 15th- 1782.
Met according to Adjournment.
A Bill from the House was received and read, appointing a Commit-
tee to join a Committee of Council to take under consideration the de-
linquent Towns & Classes1 who have not raised their quotas of Men for
the present Campaign, whereupon Resolved, that a Committee be ap-
pointed to join sd- Committee. Members chosen, Mr- Allen & M>
Fletcher.
A Number of Acts were received from the House, and read, and after
considerable time spent thereon, Resolved, that the further considera-
tion of the said Acts be referred to Tomorrow.
Adjourned to Nine of the Clock Tomorrow Morning.
Wednesday, October 16th- 1782.
Met according to Adjournment.
A Bill was received from the House & read, appointing a Committee
to join a Committee of the Council to consider on proper Measures for
the Defence of the Frontiers of this State, and of the Propriety of dis-
charging the Troops now in Service, whereupon Resolved that a Com-
mittee be appointed to join said Committee. Member chosen, Mr- Saf-
ford.2
1 For act relating to '* Heads of Classes," see Vol. II, p. 306. The sys-
tem of enlisting and paying troops by heads of classes instead of by the
selectmen of towns, seems to have been borrowed from New York. —
See resolutions of Assembly of Oct. 22, post, p. 7, note.
2 From the Assembly Journal:
Oct. 15 1782.— A motion was made by his Excellency the Govr- that a
Commissary Gen1- be appointed — Ordered that the appointment of
Commissary Gen1- and Board of War be refered until tomorrow morn-
ing.
Oct. 16. — Motioned by Mr- Tichenor and Seconded, that the appoint-
ment of a Commissary General be suspended until it be known in what
way the troops are to be provided for our defence — and passed accord-
ingly.
Motioned by Mr- Ward and Ordered by the House — that a Committee
of five be chosen to consider of measures to be taken for defence, and
propose for furnishing troops for future defence, and to join a Commit-
tee from Council — and also consider the present situation of our troops;
and advise whether they shall be discharged — and report to this House..
— Committee chosen Mr- Whipple, Mr- Tichenor, Mr- Strong, Mr- Enos.,
& Mr- Lyon.
No action resulted at this session, except as follows, not even the elec-
tion of a Board of War. Doubtless this was due to a confident reliance
upon the assurance of Gen. Haldimand to Gov. Chittenden in the Au-
gust preceding.— See Vol. n, p. 476.
From the Assembly Journal:
Oct. 19 1782.— The Committee to whom was referred the situation of
the frontiers, &c. brought in the following Report, viz. — "That it is
Governor and Council — October 1782. 7
A Bill was received from the House, appointing a Committee to join
a Committee of Council to consider of and propose an Alteration &
Amendment of the Act commonly called the Tendry Act, and the same
being read, Resolved that a Committee be appointed to join said Com-
mittee. Member chosen, Mr- Brownson.
A Petition signed Benjamin Bennet was received and read, praying
for the Remission of a certain Fine laid on him by the Superior Court;
and the Question being taken, whether the Prayer of said Petition be
granted, it passed in the negative.
An Act directing a County Election in the County of Windsor, hav-
ing passed the House, was received and read; and the Question being
put, whether the same be concurred, it passed in the affirmative.
An Act discharging a Part of a certain Tax on the Town of Hinsdale,
having passed the House, was received & read, & the Question being
put whether the same be concurred, it passed in the affirmative.
A Petition signed Samuel Wells & others, praying for a Grant of 3,000
Acres of Land, was received & read, and a Committee having been ap-
pointed thereon in the House, to join a Committee of Council, Resolved,
that a Committee be appointed to join said Committee. Member cho-
sen, Mr- Robinson.
An Act discharging Joseph Coleman from certain Fourfolds, having
passed the House, was received & read; and the question being put
whether the same be concurred, it passed in the affirmative.
A nomination of Elkanah Day Esqr- to the Office of Sheriff within and
for the County of Windham, being made & brought forward by the Rep-
resentatives of said County, Resolved, that the sd- Elkanah Day Esq. be,
& he is hereby appointed Sheriff within & for said County for the Time
being, whereupon the said Elkanah Day as Principal, & Micah Towns-
end Esq. & Mr. John Norton, as Sureties, appeared, & acknowledged
themselves recognized & bound, jointly & severally, to the Treasurer of
this State, in the sum of Two Thousand Pounds Lawful Money, & the
same well & truly to be paid by them, their Heirs, Executors and Ad-
ministrators respectively; Conditioned, that if the said Elkanah Day
shall faithfully execute the Office of Sheriff within & for the County of
there [their] opinion that the soldiers raised for the defence of the fron-
tiers in February last be discharged except one subaltern and ten men
to remain at Castleton — And that one hundred and fifty barrels of flour
be procured out of the provision tax granted last October.
S. S afford, for the Comtee-"
The aforesaid Report was read and accepted and Ordered that the Sec-
retary [of State] be desired to make such amendments in the act for
raising a tax of 7d on the pound, &c. agreeable to said Report — and make
Report.
Oct. 22 1782. — Resolved that the Pay-Master of this State's troops be
dismissed from his said office as soon as he shall have completed adjust-
ing the accounts of the Officers and Soldiers in service the last Cam-
paign.
Resolved that his Excellency the Governor be requested to discharge
all the troops in the service of this State except one Serjeant, one Cor-
poral and eleven privates to be taken out of those who are inlisted and
paid until the 15th of December next, and that the Treasurer pay the
classes that inlisted such men two months wages at forty shillings pr-
month.
Oct. 24 1782. — Resolved that the Commissary-General of this State be
dismissed from his office as such after having compleated a settlement of
his accounts.
8 Governor and Council — October 1782.
Windham aforesd- agreeable to his said Appointment, then this Obliga-
tion to be void; otherwise, to remain in full Force.
Adjourned to Nine of the Clock Tomorrow Morning.
Thursday, Octr- 17th- 1782.
Met according to Adjournment.
Agreeable to the order of the Day, the Council proceeded to join the
Assembly in a Committee of the whole, for the electing of Agents to
attend the Congress of the United States; and the Ballots being taken,
The Honorable Moses Robinson, Paul Spooner, Ira Allen and Jonas
Fay, Esquires, were elected.
After which. Council returned to their Room.
A Bill was received from the House and read, as follows, viz*;
" State of Vermont. In Genl- Assembly, Feb. 27th- 1782.
u Resolved, that there be & hereby is granted unto Mr- James Ander-
son & Company, Ten in Number, including those who have made Im-
provements thereon, a Gore or Tract of Land lying in this State, bound-
ing East of Londonderry, containing about One Thousand Two Hun-
dred Acres; and the Governor & Council are hereby requested, as soon
as a proper Survey can be ascertained by the Surveyor General of said
Tract, to make out a Charter of the same unto the said Anderson &
Company, under such restrictions and Reservations, and for such Fees
as they shall judge best."
" Extract from the Journals."
(Copy.) "Roswell Hopkins, Clerk:1
Resolved, that each Proprietor of the Gore of Land granted to James
Anderson & Company, Ten in Number, pay Six Pounds Lawful Money
Granting Fee, to be paid by the first Day of January next.
A Bill from the House was received and read, appointing a Commit-
tee to join a Committee of Council, to consider of, & state'the Fees of
Agents to Congress, &c. and make report; whereupon, Resolved, that a
Committee be appointed to join said Committee. Member chosen, M1-
Fletcher.
Adjourned to Nine of the Clock Tomorrow Morning.
Friday, Octr- 18th- 1782.
Met according to Adjournment.
An Act directing the Listers of Guilford in a certain case, having
passed the House, was received & read; and the question being put
whether the same be concurred, it passed in the Affirmative. *
An Act remitting the Land-Tax from the Town of Stockbridge, hav-
ing passed the House, was received and read; and the question being:
put whether the same be concurred, it passed in the Negative.
An Act relating to Constables & Collectors having received counter-
feit Monies for public Taxes, &c. having passed the House, was received
and read; and the question being put, whether the same be concurred,,
it passed in the Affirmative.
An Act granting a New Trial to Benjamin Whipple Esq1-- in a certain
case therein specified having passed the House, was received & read;
whereupon, the question being put whether the same be concurred, it
passed in the Affirmative.
An Act giving certain Directions for collecting and paying certain
Rates & Taxes, "having passed the House, was, received & read, and the
Governor and Council — October 1782. 9
question being put whether the same be concurred, it passed in the
Affirmative.
Adjourned to Nine of the Clock Tomorrow Morning.1
Saturday, Oct'- 19th- 1782.
A Bill from the House was received & read, appointing a Committee
to join a Committee of Council to redraught & amend the Act u remit-
ting the Land Tax from Stockbridge," and make Report; whereupon
Resolved, that a Committee be appointed to join said Committee. Mem-
ber chosen, Mr- Brownson.
A Petition signed Jacob Ruback was received and read, & a Commit-
tee havinc: been appointed thereon in the House to join a Committee of
Council, Resolved, that a Committee be appointed to join said Commit-
tee. Member chosen, Mr- SafFord.
Adjourned to Two of the Clock, Monday next.
1 From the Assembly Journal, Oct. 18 1782:
The Committee to whom was referred the 5th article in the arrange-
ment [of business] brought in the following Report, viz. —
" That a Committee of three be chosen by this House to agree with
some person or persons who will undertake to set up and continue the
printing business in some convenient place in this State for the term of
five years, giving sufficient security for his or their constant and faithful
performance of the said printing business for this State; and also that a
public Newspaper be printed and published weekly at said printing
office — and in consideration thereof that the said person or persons shall
receive the sum of three hundred pounds Lawful money out of the pub-
lic treasury of this State, and shall have the sole and exclusive priviledge
of doing all the printing for this State during the said term of five years
at a reasonable price.— And that the Committee for receiving granting
fees be directed to receive from Capt. Daniel Taylor at cash price such
printing paper as he has on hand, and deliver the same to the person or
persons contracting at the printing office, taking his or their receipt
therefor in part of the said three hundred pounds.
''That the Sheriff of each County be directed to distribute to the re-
spective towns in their several Counties all public acts of the State.
" I. Allen, for Comtee-v
The aforesaid Report was read and accepted, and thereupon Resolved
that Mr Sabin [of Putney,] Mr- Townsend [of Brattleborough,] and Mr-
Abel Curtis [of Norwich,] be a Committee to procure a printer agreea-
ble to said Report.
These resolutions were adopted by the Assembly on the 19th. This
was a second and successful attempt to establish a press in eastern Ver-
mont. Aided by State patronage, for five years, Spooner & Green re-
moved their office from Westminster to Windsor in 1783, two months
after Haswell & Russell had established the Gazette at Bennington. —
See Vol. II, pp. 12, 151. In 1787 this contract' was renewed for three
years, and in 1790 the patronage of the State was divided between the
Gazette office at Bennington, and the Journal office at Windsor.
10 Governor and Council — October 1782.
Monday, Ocf- 21st- 1782.
Met according to Adjournment.
A Memorial and Bequest of the Treasurer, desiring Direction respect-
ing giving out Execution against the Constables of certain Towns in this
State who are in arrears for public Taxes, was received and read, and a
Committee having been appointed thereon in the House to join a Com-
mittee of Council, to consider of said Memorial & make Report, Re-
solved, that a Committee be appointed to join said Committee. Mem-
ber chosen, Mr Emmons.
A Permit was granted to Lieutenant William Blanchard & Mr John
Blanchard to pass the present Lines, to the Northern Parts of this State;
for the Purpose of Hunting.
Adjourned to Nine of the Clock Tomorrow Morning.
[Here followed the report of the committee appointed to draw up in-
structions to the Agents to Congress, for which see Appendix A.]
Tuesday, Octr- 22nd- 1782.
A Petition from the Proprietors of the Township pf Tunbridge was
received and read, praying that they may receive a New Charter of said
Township, and a Committee having been appointed thereon in the
House to join a Committee of Council, — Resolved, that it does not ap-
pear best that a Committee be appointed to join said Committee at this
Time, but that the further consideration of the Petition be referred to
the next session of this Assembly.
A Bill from the House was received & read, appointing a Committee
to join a Committee of Council, to consider the best Method for ascer-
taining Town Lines within this State, & make Report; whereupon Re-
solved, that a Committee be appointed to join said Committee. Mem-
bers chosen, Mr Allen & Mr Fletcher.
A Petition signed Abigail Baldwin for, and in behalf of her children,
the heirs of Thomas French, was received & read, whereupon Resolved,
that the following Proposals be made to the General Assembly, viz*;
State of Vermont. In Council, Octr- 22nd- 1782.
It is proposed by the Governor and Council that the further conside-
ration of said Petition be referred to the next Session of this Assembly;
and that a Bill passed to be enacted yesterday, nullifying the Sale of
such Lands in the Town of Pawlet as were the Property of the Heirs
of Thomas French deceased, & were sold at Public Vendue, be recon-
sidered. And, at the same time, to prevent that Injustice which may
otherwise take place, it is further recommended that the Privilege of re-
deeming said Lands be continued & extended to said Heirs until
Twenty Days after the rising of the next Session of this Assembly.
Attest, Thos- Tolman, D. 8e&-
A Bill from the House was received & read, appointing a Committee
to join a Committee of Council, to consider on the Disposal of the Es-
tates of those Persons in the County of Windham who have forfeited the
same to the Freemen of this State, by their treasonable Conduct, where-
upon Resolved, that a Committee be appointed to join said Committee.
Members chosen, Mr- Fletcher and Mr- Allen.
On Motion made, Resolved, that the Resolution of this Day on the
Petition of the Proprietors of Tunbridge be, & is hereby reconsidered;
and that a Committee be appointed to join said Committee. Member
chosen, Mr- Fay.
Governor and Council — October 1782. 11
A Bill from the House was received & read, appointing a Committee
to join a Committee of Council, to take under consideration a proposed
Act for granting a Tax of 7d- on the Pound in Public Securities, & 2d- in
Hard Money; whereupon Resolved, that a Committee be appointed to
join said Committee. Member chosen, Mr Safford.
An Act in addition to an Act regulating Goals & Goalers having
passed the House, was received & read, & the question being put, whether
the same be concurred, it passed in the Affirmative.
An Act in addition to an Act directing and regulating the levying &
serving Executions, having passed the House, was received & read; and
the question being put whether the same be concurred, it passed in the
Affirmative.
The Honorable Jonas Fay & John Passett Junr- Esqrs- being duly
qualified by oath, took their Seats at the Board.
A Petition signed James Lewis, was received & read, praying that he
may be allowed certain Costs of Court, paid by him, to the amount of
£123 8 6, Continental Money, and the said Petition having been refer-
red by the House to this Council for their Determination; and it appear-
ing to this Council reasonable that the Prayer of the Petition be granted
so far as to the value of the Monies paid by the said Lewis, therefore
Resolved, that said Lewis be paid said Sum at the rate of one for Forty,
and that an Order issue therefor on the Treasurer in favour of said
Lewis, it being the Sum of Three pounds One Shilling and Eight Pence,
L. M^
An Order was issued accordingly.
A Bill was received from the House and read, appointing a Commit-
tee to join a Committee of Council to take under consideration the Pro-
vision-Tax-Act of 1781, and make Report; whereupon Resolved, that a
Committee be appointed to join said Committee. Member chosen, Mr-
Fay.
Adjourned to Nine of the Clock Tomorrow Morning.
Wednesday, Octr- 23rd- 1782.
Met according to Adjournment.
An Act directing the Sale of the real Estate of Timothy Tyler, de-
ceased, having passed the House, was received & read, & the question
being put whether the same be concurred, it passed in the Affirmative.
An Act discharging the Constable of the Town of Manchester the
Sum of Four Pounds, having passed the House, was received & read,
and the question being put whether the same be concurred, it passed in
the Affirmative.
An Act in addition to an Act entitled an Act for licencing & regula-
ting Houses of Public Entertainment, having passed the House, was re-
ceived & read; and the question being put> whether the same be con-
curred,—with the erasure of the word " Person " and instead thereof
inserting the word "Inhabitant," it passed in the Affirmative.
A bill was received from the House, and being read, is as follows, viz*;
"In General Assembly, Octr- 23rd- 1782."
" Besolved, that the last Thursday in November next, be, and is hereby
appointed as a Day of public Thanksgiving throughout this State, and
that His Excellency the Governor, & Council, be desired to issue a Proc-
lamation accordingly."
" Extract from the Journals."
" Roswell Hopkins, Clerk."
A Petition signed Jacob Ruback was received and read, praying for
an Allowance of certain accounts for Service done, &c. and the question
12 Governor' and Council — October 1782.
being put, whether the Prayer of the said Petition be granted, it passed
in the Negative.
On motion made, Resolved, that Samuel Wells, Jonathan Hunt &
Arad Hunt, pay Twenty Pounds Lawful Money for the Granting Fees
of Three Thousand Acres of Land, granted them by the Legislature of
this State; To be paid at the next Session of this Assembly.
An Act to secure to the Proprietors of Tunbridge their Rights, &c.
having passed the House, was received & read: & the question being
put, whether the same be concurred, it passed in the Affirmative.
An Act confirming Zachariah Curtis in his Property in one certain
Right of Land in Brumley [Peru] having passed the House, was re-
ceived & read; and the question being put, whether the same be con-
curred, it passed in the Affirmative.
An Act granting a New Trial in a Cause between Abner Chafee &
David Brydia, having passed the House, was received & read; and the
question being put whether the same be concurred, it passed in the
Affirmative.
A Bill from the House was received and read, which is as follows, viz*;
"In General Assembly, Oct1- 23rd- 1782."
" Resolved, that His Excellency the Governor have One Hundred and
Fifty Pounds Lawful Money Salary for his Services the present year."
" Extract from the Journals."
" Roswell Hopkins, Clerk."
A Bill was received from the House, and being read, is as follows,
viz1;
" Resolved, that the Treasurer be and is hereby directed not to pay
out any of the Money collected on the Two penny Tax until the next
Session of Assembly, except on such special orders as the Assembly
have given at this Session, or orders that the Governor & Council may
draw for the Exigences of the State."
''Extract from the Journals."
"Roswell Hopkins, Clerk."
An Act for authenticating Deeds having passed the House, was re-
ceived & read, & the question being put, whether the same be concur-
red, it passed in the Affirmative.
Adjourned to Nine of the Clock Tomorrow Morning.
Thursday, Oct1- 24th- 1782.
Met according to Adjournment.
An Act directing Forms of Writs in Civil Causes, having passed the
House, was received & read: & the question being put, whether the
same be concurred, it passed in the Affirmative.
An Act directing an Adjournment of the Superior Court, having
passed the House, was received and read; & the question being put
whether the same be concurred, in passed in the Affirmative.
An Act stating Fees, &c. having passed the House, was received
&read; & the Question beinsr put whether the same be concurred, it
passed in the Affirmative. — [For fees established, see Slade's State Pa-
pers, p. 462.]
An Act granting a Tax of 7d- on the Pound in public Securities, and
2d- on the Pound in Hard Money, having passed the House, was re-
ceived & read; and the question being put whether the same be concur-
red, it passed in the Affirmative.
An Act directing the Collection of the Provision Taxes of the Years
1780 and 1781, having passed the House, was received & read ; and the
Governor and Council — January 1783. 13
question being put whether the same be concurred, it passed in the
Affirmative.
A Petition signed Asaph Carpenter, and another signed Edward Car-
penter, were received & read, praying for a Remittance of certain Fines
therein mentioned; whereupon Resolved, that Ten Pounds be remitted
to each of the said Petitioners.
A Petition signed Stephen Chase was received & read, praying for a
Remittance of certain Fines therein mentioned. And the question be-
ing put, whether the Prayer of the Petition be granted, it passed in the
negative.
An Act entitled " An Act to repeal an Act entitled an Act enabling
the several Towns to tax the Lands within their respective Towns for
certain Purposes therein mentioned, passed Octr- 1781," having passed
the House, was received & read; & the question being put whether the
same be concurred, it passed in the Affirmative.
. A Petition signed James Marsh was received & read, praying that a
part of the Granting Fees be taken off of a Grant of a certain Gore of
Land, and the question being put whether the Prayer of the said Peti-
tion be granted, it passed in the negative; and on motion made, Re-
solved, that the said Granting Fees be paid at the next Session of this
Assembly.
On Motion made, Resolved, that His Excellency the Governor be, &
he is hereby empowered in Behalf of Council, to draw on the Treasurer
for Monies collected on the 2d- Tax, when he shall judge necessary.
Adjourned without day.
Close of October Session, 1782.
Attest, Thomas Tolman, Dep. Secy-
[Here the report of the committee to draft instructions to the Agents
to Congress, in Appendix A, were again entered on the record; inadver-
tently, as Deputy Secretary Tolman certified.]
RECORD OF THE GOVERNOR AND COUNCIL
AT A
SPECIAL SESSION AT SUNDERLAND, JAN. 9 & 10, 1783.
State of Vermont. Sunderland, January 9th- 1783.
At a Meeting of the Governor & Council in this Town, convened by
special warning and request of his Excellency,
Present, His Excellency Thomas Chittenden, Esqr- Governor. The
Honble Moses Robinson, Jonas Fay, Ira Allen, John Fasset Junr- Sam1-
Fletcher, Sam1- Safford, & Tho8- Porter, Esqrs- Councillors.
On Motion made, Resolved, that there be six Public Rights of Land
reserved in the two Heroes for the following Uses, viz'; Three Rights or
14 Governor and Council — February 1783.
equal Shares to be located on the South, and Three on the North Island;
one of which for the first settled Minister of the Gospel — one for the
support of the social Worship of God, & one for the Use & support of
an English School or Schools, on each Island respectively.
On Motion made, Kesolved, that His Excellency the Governor be, &
he is hereby requested to settle with William Beadle for a Yoke of Oxen
sold at public vendue in the Year 1777, for the Use of this State, and for
which said Beadle has obtained an Execution against William dearie.
Adjourned to Nine of the Clock tomorrow Morning.
January 10th- 1783.
Met according to Adjournment.
On Motion made, Resolved, that a Person be appointed in addition to
the Committee of Pay-Table, until Colonel Brownson shall be able to
attend, or Isaac Tichenor, Esq. shall return to his Duty in said Commit-
tee, or his or their places shall be otherwise filled.
On Motion made, Resolved, that Thomas Tolman Esq. be, and he is
hereby appointed to said Office, accordingly.
On Motion, Ordered, that Colonel Ira Allen & Thomos Tolman Esq.
prepare & compleat the Draught of a Remonstrance or Letter to the
President of the Honorable Congress, & lay the same before His Excel-
lency the Governor, for his Approbation & Signature.1
Adjourned without day.
Attest, Thomas Tolman, Dep. Sece-
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
SESSION OF THE GENERAL ASSEMBLY AT WINDSOR,
February, 1783.
State of Vermont. In Council, at Windsor, Thursday,
February 13th- 1783.
Present, His Excellency Thomas Chittenden, Esq. Governor. The
Honble Joseph Bowker, Moses Robinson, Ira Allen, Jonas Fay, John
Fasset Junr- Sam1- Safford, & John Throop Esq18- Councillors. And after
some Time spent in preparing the necessary Business to be laid before
the House;
Adjourned to Nine of the Clock tomorrow Morning.
1 See Appendix A, Gov. Chittenden to the President of Congress.
Governor and Council — February 1783. 15
Friday, February 14th- 1783.
Met according to Adjournment.
Resolved, that Jonas Fay Esq. be and he is hereby appointed Secretary
Pro. Tem. to the Council, the Secretary and Deputy being both absent.
A Letter of the 11th- instant, and another of the same date from John
Bridgman Esq. purporting his Request to resign the Office of Judge
of the County Court in the County of Windham, & his Office of Justice
of the Peace within & for said County, were received & read; and on the
question to agree to the Liberty requested, it passed in the negative.1
And on Motion made, Ordered, that the Secretary notify Mr. Bridgman
of the Proceedings of the Council herein, and, in the Name of the Coun-
cil, request his further Continuance in his said Offices.
A Petition signed by Jacob Galusha and a Number of others, and a
Certificate under the Signature of Thomas Matterson, Town Clerk of
Shaftsbury, were read, requesting that Ebenezer Willoughby, late of
Shaftsbury, who has been some Time absent from this State, be permit-
ted to return thereto, and enjoy the Priviledges of a Freeman thereof,
Whereupon, Resolved, that Liberty be, and hereby is granted unto the
said Ebenezer Willoughby to return with his Family and Effects into
this State, his dispensing with such of his Interest as has been disposed
of by this State for its Use, to attone for his past Offences committed
against this State.2
A Petition of Sarah Sherman was read, praying that George Foot may
be directed to execute a Deed of one Hundred Acres of Land in Castle-
ton (as per the Petition) to Mrs. Sarah Sherman the Petitioner, on Con-
dition she the said Petitioner, make and execute a Deed of the same
Tract to Mr- Eden.
A Petition from David Goff, being read, Ordered, that it be preferred
to the General Assembly.
Adjourned to 9 o'Clock Tomorrow Morning.
Saturday, February 15th. 1783.
Met according to Adjournment.
A Letter from Elijah Parker, Collector for the Town of Chester, re-
questing Instructions for his future Proceedings in collecting the Land
Tax in said Town, having been read, was delivered to Thomas Carroll
to be laid before the General Assembly.
Adjourned to Monday next, 9 o'Clock in the Morning.
Monday, February 17th- 1783.
Met according to Adjournment.
A Letter of the 13th- Instant from Major Joseph Fay, was read, and a
verbal Relation at the same Time made by Isaac Tichenor Esqr- relative
1 John Bridgman was the magistrate who tried the case of Col. Tim-
othy Church, in the preceding July, and issued the execution which
Church resisted. Probably Mr. Bridgman desired to escape, as far as
was possible, the disagreeable difficulties into which the people of a part
of Windham county were then plunged.
2 Capt. Willoughby was a member of the Convention at Windsor,
June 1777, but subsequently joined the enemy. He was captured, and
his property confiscated.
16 Governor and Council — February 1783.
to the Transactions of Congress respecting the State of Vermont, on
passing their Act of the 5th- of December last.1
The Hon. Peter Olcott Esqr- appeared, and took his seat in Council.
Resolved, that it be and hereby is recommended to the Representa-
tives of the County of Rutland present, to nominate some suitable Per-
son in said County to supply the Place of Judge of the County Court in
said County, in lieu of Judge Warren lately removed out of this State2 —
That they notify such of the Members of Council as are Inhabitants of
that County, to be present at the Nomination; and that they return the
Name of the person nominated to the Council, in order that he may be
duly qualified.
A similar Resolve passed, for supplying the Place of a Judge of the
County Court for the County of Windham, in the Room of General
Fletcher who declines serving.
Mr. Safford and Mr. Allen were appointed a Committee, to join a Com-
mittee from the Assembly, for the Purpose of bringing in a Bill for qui-
eting Ancient Settlers.
Mr. Olcott and Mr Fletcher were appointed to join a Committee from
the General Assembly to report their Opinion of the Number of Men
to be raised for the Defence of the Frontiers the ensuing Campaign, and
how they shall be raised, paid, &c.
Mr. Bowker and Mr Allen [were] appointed to draw a Declaration
purporting the Attachment of this State to the Common Cause of the
Country.3
Adjourned to Nine of the Clock Tomorrow Morning.
Tuesday, February 18th- 1783.
Met according to Adjournment.
A Petition, signed George Eager and Amos Babcock, representing
that they have considerable Sums of Money due to them from Persons
residing in the Province of Quebec, which they cannot procure without
making a journey into Canada, & requesting a Permit for that Purpose,
was read, and the Prayer thereof not granted.
Mr. Throop and Mr. Allen were appointed to join a Committee from
the General Assembly to report their Opinion, and prepare a Bill re-
specting putting State Notes and Due-Bills on Interest.-
The following Bill was received from the General Assembly:
" In General Assembly, Feb?- 18th- 1783.
Agreeable to the Order of the Day, proceeded to choose by Ballot
seven Persons, as a Board of War. The Ballots being taken, B. Gen1-
Roger Enos, Col0- John Strong, B. Gen1- Samuel Safford, Col0- Elijah
Robinson, Col0- Timothy Brownson, Col0- Benjamin Wait, Col0- Moses
Robinson, were elected."
Adjourned to 9 o'clock Tomorrow Morning.
Wednesday, February 19th- 1783.
Met according to Adjournment.
Agreeable to a Recommendation of this Council, of the 17th- Instant,
to the Representatives of the County of Windham present, to nominate
1 See Appendix A.
2 Col. Gideon Warren of Tinmouth. His name is not in Deming's
list of county judges.
3 See Appendix A.
Governor and Council — February 1783. 17
a suitable Person in said County for a Judge of the County Court of said
County, in the Koom of General Fletcher who declines serving, They
reported this Day, that (with the Advice of the said General Fletcher)
they have nominated Colonel Stephen Kow Bradley, of Westminster.
Mr. Safford and Mr. Olcott were appointed to join a Committee of
Five from the General Assembly, to take into Consideration the Meas-
ures necessary to be taken with regard to the disaffected Inhabitants of
Guilford and its vicinity, and make Report.1
Mr- Bowker was appointed to join a Committee of three from the Gen-
eral Assembly, on the Subject of preventing Trade with the British, or
Canadians, on Lake Champlain.
An Act empowering the Administrators on the Estate of Samuel Crip-
pen, late of Pittsford deceased, to sell so much of the real Estate of said
Deceased as may be sufficient to pay Seventy Pounds Lawful Money -
the amount of several Debts due to several Creditors of said Estate, and
for defraying the Charge arising on such Sale, having passed the General
Assembly for the first Time, was received and read; and the Question
being put whether the same be concurred, it passed in the Affirmative.
An Act confirming a writing purporting the last Will and Testament
of Rums Rude, late of Royal ton, deceased, having passed the General
Assembly, was received and read, & the Question being put, whether the
same be concurred, it passed in the Affirmative.
Mr. Fay was appointed to join a Committee from the General Assem-
bly to prepare a Bill to enable the Authority and Selectmen of the seve-
ral Towns to abate a certain part of State Taxes that may be laid upon
them, and make Report.
An Act confirming the Conveyance of One Hundred Acres of Land
in Weathersfield, made & executed by David Wooster, in April 1773, to
Eliphalet Spafford, having passed the General Assembly, was received &
read; and the Question being put whether the same be concurred, it
passed in the Affirmative.
Adjourned to Nine o'Clock Tomorrow Morning.
Thursday, February 20th- 1783.
Met according to Adjournment.
The following Bill was received from the General Assembly, viz*;
State of Vermont. In General Assembly, Feb^- 20th- 1783.
Resolved, that the second Wednesday of April next be, and it is
hereby recommended to be observed and set apart as a Day of Public
Fasting and Prayer throughout this State; and His Excellency the Gov-
ernor is hereby requested to issue his Proclamation accordingly.
Extract from the Journals. (Signed) Roswell Hopkins, Clerk.
The Members of Council being required on Committees so as to pre-
vent a Quorum for the Remainder of the Day,
Adjourned to 9 o'Clock Tomorrow morning.
Friday, February 21st- 1783.
Met according to Adjournment.
Stephen Row Bradley, Esq1-- was appointed Judge of the County Court
for the County of Windham, in the Room of General Fletcher, who de-
clines serving, — agreeable to a Nomination made by the Representatives
of said County present, the 19th- Instant.
1 See Appendix C.
3
18 Governor and Council — February 1783.
Mr. Robinson was appointed to wait on the General Assembly, and
inform them of the Sense of the Council, on the Report of a Committee
appointed to report the necessary Measures to be taken with the disaf-
fected Persons in Guilford, and its vicinity.
Mr. Bowker was appointed to join a Committee from the General As-
sembly to take into Consideration the Petition of J. Hoisington and Oli-
ver Williams, Administrators on the Estate of Joab Hoisington, late of
Woodstock deceased, and make Report.
Mr- Spooner was appointed to join a Committee from the General As-
sembly, to take into Consideration the Petition of Nathan Woodbury,
respecting a Right of Land in Brookfield, and make Report.
Adjourned to Tomorrow Morning 9 o'Clock.
Saturday, February 22nd- 1783.
Met according to Adjournment.
Mr- Robinson and Mr- Bowker were appointed a Committee on the Bill
directing the Levying & serving of Executions.
Mr- Olcott was appointed on the Bill of Lieu*- Ward Bayley, and on Dr.
Samuel White's Bill of Cost.
Adjourned to Monday next, 9 o'Clock in the Morning.
Monday, February 24th- 1783.
Met according to Adjournment.
Mr- Bowker was appointed to join a Committee from the General As-
sembly, to consider the Petition of Cap*- Delano and others, and report.
An Account was exhibited by Ira Allen Esqr- for £4 4 0, Hard Money,
advanced by him in a Journey to Philadelphia, in the Year 1782, — Or-
dered, that the Secretary be and he is hereby directed to draw an Order
on the Treasurer for the said Sum of Four Pounds four Shillings Lawful
Money. An Order was accordingly drawn.
An Act lengthening the Time of Redemption of sundry Lots of Land,
in favour of Abigail Baldwin, to the first day of June next, was read.
Council joined the General Assembly, in a Committee of the whole. 2
Adjourned to Tomorrow Morning 9 o'Clock.
Tuesday, 25th- February, 1783.
Met according to Adjournment.
An Act enabling , Administrator on the Estate of
[John] Clossen, late of Thetford Deceased, to sell such a Part of the
Real Estate of the said Deceased, for the Payment of the several De-
mands on said Estate, as mentioned in said Act, having passed the Gen-
eral Assembly, was received and read; and the Question being put
whether the same be concurred, it passed in the Affirmative.
An Act annexing the Town of Rochester to the County of Windsor,
for the Time being, having passed the House, was received and read;
and the Question being put whether the same be concurred, it passed in
the Affirmative.
The following Act was received from the General Assembly, and after
being read, was ordered to be entered on the Journals of Council, viz*;
1 For proceedings in committee of the whole, see Appendix B.
Governor and Council — February 1783. 19
An Act to enable the Governor and Council to Pardon certain Persons
therein described.
Whereas certain Persons in the County of Windham, have lately been
convicted before the Supreme Court of this State, of conspiring and attempt-
ing an Invasion. Insurrection and Public Bebelion against this State, con-
trary to the Form of the Statute of this State, passed in June last, entitled
"An Act for the Punishment of Conspiracies against the Peace, Liberties
and Independence of this State;" and have been Banished therefor; And
Whereas it is suggested that some of said Persons are Penitent, and de-
sirous of returning to their Duty, and it is probable that, during the Recess
of this House, some of said Persons will petition for the Pardon of their said
Offences: This Assembly being desirous at all Times of showiny Mercy
when it can be done consistent with the public Safety;
Be it therefore 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, t That His Excellency the Governor, and the
Honorable the Council of this State be, and are hereby fully authorized
and empowered, upon Application to them made, during the Adjourn-
ment of this Assembly, to Pardon any of the said Persons who have
been banished from this State by the Supreme Court as aforesaid, in as
full and ample Manner as this Assembly could do, if convened.
State of Vermont. In General Assembly, ?
Windsor, Febr- 24th- 1783. J
The above Act was read and passed the House.
Attest, Koswell Hopkins, Clerk.
In Council, Windsor, February 25th- 1783.
Read and concurred.
Jonas Fay, Sec*- P. T.
The following Bill was received from the General Assembly, viz*;
In General Assembly, February 25th- 1783.
Resolved, that the House will proceed at this Time to elect Delegates
to represent this State in Congress the ensuing Year if necessary, and
that the Number of Six be elected for that Purpose. The Ballots being
taken, The Honorable Moses Robinson, and Jonas Fay, Esquires, Isaac
Tichenor Esq1-- The Honorable Ira Allen Esqr- His Honor Governor
Spooner, and Abel Curtis Esqr- were elected.
Extract from the Minutes.
Roswell Hopkins, Clerk.
Mr. Olcott was appointed to join a Committee from the General As-
sembly, on the Petition of Alexander Parmalee and others for the Ap-
pointment of a Company of Dragoons.
Mr. Fletcher was appointed to join a Committee from the General
Assembly, on the Petition of Jabez Bingham, in Behalf of the Propri-
etors of Tunbridge.
Adjourned to Tomorrow Morning 9 o'Clock.
Wednesday, February 26th- 1783.
Met according to Adjournment.
An Act directing the Treasurer to call on the Commissaries, and Per-
sons who have attended Congress in Behalf of this State, to settle their
Accounts on, or before the first Day of August next, having passed the
House, was received and read; and the Question being put, whether the
same be concurred, it passed in the Affirmative.
20 Governor and Council— February 1783.
An Act confirming such Parts of the Acts of the Inhabitants of the
Town of Lunenburgh in a certain Public Town Meeting, as relates to
their Choice of Town Officers, having passed the General Assembly, was
received and read; and the Question being put, whether the same be
concurred, it passed in the Affirmative.
An Act confirming a Number of Lots of Land in Weathersfield, con-
veyed by Deed, by Daniel Whipple, the Grantor, to Daniel Whipple, the
Grantee, having passed the General Assembly, was received and read;
and the Question being put, whether the same be concurred, it passed
in the Affirmative.
An Address of the General Assembly, signed by Increase Mosely,
Speaker, was read and concurred.1
An Act confirming Isaac Hoisington and Oliver Williams, Adminis-
trators on the Estate of Joab Hoisington, late of Woodstock Deceased,
to sell of the Real Estate of the said Deceased to the Amount of £300,
Lawful Money, to discharge the Debts due to the Creditors of said Es-
tate, and also for Costs of Sale, having passed the General Assembly,
was received and read; and the Question being put, whether the same
be concurred, it passed in the Affirmative.
An Act abating a Part of the Grand List of the Town of Westmin-
ster, for the Year 1782. having passed the General Assembly, was re-
ceived and read, and on the Question to concur with the same, it passed
in the Affirmative.
An Act abating a Part of the Grand List of the Town of Windsor, for
the Year 1782, having passed the House, was received and read, and on
the Question to concur with the same, it passed in the Affirmative.
An Act empowering the several Brigadiers General within their re-
spective Brigades, to accept Resignations of any Commissioned Officer
(Field excepted) and to give orders for the supplying of Vacancies, &c.
Having passed the House, was received and read, and on the Question
whether the same be concurred, it passed in'the Affirmative.
Adjourned to Tomorrow Morning 9 o'Clock.
Thursday, February 27th- 1783.
Met according to Adjournment.
Two Acts, the one annexing the Township of Brookfield, and the
other, that of Randolph, to the County of Orange, having passed the
General Assembly, were received and read, and on the Question to con-
cur with the same, it passed in the Affirmative.
An Act directing the Treasurer to issue State Notes on Interest, for
Debts due from this State, having passed the General Assembly, was re-
ceived and read, and on the Question to concur with the same, it passed
in the Affirmative.
Jonas Fay, SecP- Pro Tern.
Adjourned without Day.
End of February Session, 1783.2
» See Appendix B.
2 From the Assembly Journal, Feb. 27 1783:
Resolved that Noah Sabin and Abel Curtis, Esqrs- be impowered to
settle with Micah Townsend Esqr- for his Expences and Trouble in at-
tempting to procure a Printer, &c. on his relinquishing said Business;
and that they make Report: And that part of a Resolution passed in
Governor and Council — May and June 1783. 21
RECORD OF THE GOVERNOR AND COUNCIL
AT A
SPECIAL SESSION AT ARLINGTON, APRIL 14, 1783.
In Council, at Arlington, April 14th- 1783.
His Excellency the Governor having received a Letter from Judge
Smith of the County of Orange, certifying that William Wallace, lately
elected Sheriff, by the Freemen of said County, declines serving in that
Office,
Resolved, that Abner Chamberlain be, and he is hereby appointed
Sheriff of said County — to continue in Office for the Time being, and to
be commissioned accordingly.
Attest, Tho. Tolman, Bepv- Secy-
RECORD OF THE GOVERNOR AND COUNCIL
AT A
SPECIAL SESSION AT ARLINGTON, MAY 8, 22, 30, AND
JUNE 24, 1783.
In Cotjnctl, at Arlington, May 8th- 1783.
Resolved, that Jonathan Brace Esq1-- be, and he is hereby appointed a
Judge of the County Court within and for the County of Bennington
(for the Time being) in the Room of Judge Lee who has resigned his
Office as Judge of said Court.
Resolved, that John Benjamin Esqr- be, and he is hereby appointed
(for the Time being) a Justice of the Peace within and for the County
of Windsor, in the Room of Joel Marsh who declines serving in that
Office.
Resolved, that Captain Samuel Bartlet be, and he is hereby appointed
a Member of the Committee of Pay Table, in the Room of John Strong
Esq1-- who has resigned his Office as a Member of said Committee. Said
Bartlet to continue in said Office until October next, or until another
Person shall be chosen and sworn in his Room.
October, allowing a Premium of £300 for carrying on said Business, be
and is hereby reconsidered.
Resolved that a Committee be appointed to agree with some meet per-
son who will undertake to carry on the printing Business for this State
agreeable to a Resolution passed in October last, for carrying on said
Business for five years exclusively, who shall be paid for such services
annually: the said Printer giving sufficient Surety to such Committee
for his faithful Performance: — The Press to be set in such convenient
place in the State as the Printer shall chuse: — and no other Premium to
be allowed. — The members chosen Mr Abel Curtis, Mr- Murdock, Mr E.
Curtis, Mr- Tichenor & Mr- Mattucks.— [See post, pp. 26, 27, for Report,
and ante, p. 9.
22 Governor and Council — May and June 1783.
Resolved, That Warrants be issued, according to Act of the General
Assembly, for the collecting of the Provision Tax of 1781; and that Ad-
vertisements thereof be published by the Commissary General, in the
Albany and Springfield Papers, or in the Vermont Gazette, notifying the
delinquents to make Payment accordingly: and setting forth also therein,
the Reasons and Necessity therefor.
Attest, Tho. Tolman, Depv- Secv>
In Council, at Arlington, May 22nd- 1783.
Resolved, that Joshua Webb and John Lovell Esqrs- of Rockingham,
be, and they are hereby appointed Justices of the Peace within and for
the County of Windham, in the Room of Oliver Lovell and Olcott
Esqrs- who decline serving in that Office.
Attest, Tho. Tolman, Depv- Se&-
In Council, at Arlington, May 30th- 1783.
Resolved, that Captain Daniel Taylor of Newfane be, and he is hereby
appointed Justice of the Peace within and for the County of Windham,
in the Room of Luke Knowlton Esqr- who has left this State.
Bocognizance.
Personally aopeared Abner Chamberlain Esqr- lately appointed Sheriff
within and for the County of Orange, and acknowledged himself firmly
held and obliged unto the Treasurer of this State, in the full and just
Sum of Two Thousand Pounds Lawful Money, for the Payment of
which, well and truly to be made, he acknowledges himself, his Heirs
and Assigns, firmly bound and obliged. The Condition of this Recogni-
zance is such, that if the above bounden Abner Chamberlain doth in all
Things well and truly execute, discharge and perform the Duty and
Office of Sheriff within and for the County of Orange aforesaid, so that
no Loss or Damage directly or indirectly accrue to the Public of this
State, or any Individual through his Neglect of Duty as Sheriff within
and for the County aforesaid; and that he continue in the Discharge of
all Matters and Things appertaining to his said Office according to Law,
until another Person may hereafter be chosen and sworn in his Room,
then the above Obligation and Recognizance to be void, otherwise to re-
main in full Force and virtue.
Attest, Tho. Tolman, Depv- Secy-
June 24th- 1783.
The Petition of Timothy Phelps, now a Prisoner in the Goal at Ben-
nington, praying this Council to pardon and discharge him from his Sen-
tence of Banishment, and promising future Allegiance and Obedience to
the Laws of this State, was read; whereupon
Resolved, that the said Timothy Phelps be, and he is hereby fully par-
doned and discharged from the said Sentence of the Superior Court,
passed in September last; Provided he pay the Costs of his Commit-
ment, Prosecution, &C.1
Attest, Tho. Tolman, Depv- 8t&-
1 See Appendix C.
THE SEVENTH COUNCIL.
OCTOBER 1783 TO OCTOBER 1784.
Thomas Chittenden, Williston, Governor.
Paul Spooner, Hartland, Lieutenant Governor.
Councillors:
Joseph Bowker, Kutland,
Timothy Brownson, Sunderland,
Moses Robinson, Bennington,
Jonas Fay, Bennington,
Peter Olcott, Norwich,
Ira Allen, Colchester,
Joseph Fay, Bennington, Secretary.
Thomas Tolman, Arlington, Deputy Secretary.
Lot Hall, Westminster, Secretary pro tern.
Benjamin Emmons, Woodstock,
John Fassett, jr., Arlington,
Samuel Fletcher, Townshend,
John Throop, Pomfret,
Thomas Porter, Tinmouth,
Samuel Safford, Bennington.
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
SESSION OF THE GENERAL ASSEMBLY AT WESTMINSTER,
October, 1783.
State of "Vermont, Westminster, Thursday, October 9th- 1783.
Council met according to Constitution.
Present, His Excellency Thomas Chittenden, Esquire, Governor, and
the Honorable Peter Olr-.ott, Ira Allen, John Fasset, Samuel Fletcher,
Samuel Safford & Thomas Porter, Esquires, Councillors.
Resolved, That the Hon. Ira Allen Esqr- be appointed Secretary Pro.
Temp.1
1 From the Assembly Journal, Oct. 9, 1783:
After the election of Isaac Tichenor as Speaker and Dr. Roswell Hop-
kins as Clerk, this entry follows:
The Governor and Council joined the General Assembly in attending
divine service which was performed by the reverend Joseph Bullen.
24 Governor and Council — October 1783.
Resolved, that Mr. Olcott, Mr. Safford, Mr. Allen, Mr. Fasset, Mr.
Porter and Mr. Fletcher be a Committee to join a Committee from the
General Assembly, to receive, sort and count the Suffrages of the Free-
men, for Governor, Lieutenant Governor, Treasurer, and Councillors for
the Year ensuing, and declare the Persons elected.1
The Committee of Council and General Assembly, appointed to re-
ceive, sort and count the Votes of the Freemen, report the Persons here-
after named to be chosen to the respective Offices as follows, viz4;
His Excellency Thomas Chittenden, Esquire, Governor. His Honor
Paul Spooner, Esquire, Lieutenant Governor. The Honorable Ira
Allen, Esquire, Treasurer. The Honorable Joseph Bowker, Timothy
Brownson, Moses Robinson, Jonas Fay, Peter Olcott, Ira Allen, Benja-
min Emmons, Samuel Fletcher, John Fasset, John Throop, Thomas
Porter and Samuel Safford, Esqrs- Councillors.
Adjourned to Tomorrow Morning 9 o'Clock.
Friday, October 10th- 1783.
Met according to Adjournment.
His Honor the Lieutenant Governor took his Seat in Council.
Resolved, that a Committee of Three be appointed to join a Commit-
tee from the General Assembly, to arrange the Business of the present
Session. Members chosen, Mr. Porter, Mr. Safford and Mr. Allen.
Adjourned to Tomorrow Morning 9 o'Clock.2
1 Messrs. Walbridge, Tichenor, Whipple, Mattocks, Sabin, Harris, Eli-
jah Robinson, of Weathersfield, Jesse Safford, of Woodstock, Loomis,
and Baldwin were joined from the Assembly.
2 From the Assembly Journal, Oct. 10 1783:
A Letter from the Constable of Norwich informing of the Death of
one of their Representatives, and requesting Liberty for a new Election,
being read; —
Resolved that the freemen of the town of Norwich have Liberty to
elect a Representative to attend the present Session of Assembly in the
room of Abel Curtis Esqr> decd: and that the first Constable of Norwich
be directed to warn the Freemen for that purpose.
Resolved that a Committee of three be appointed to prepare an An-
swer to his Excellency's Speech to the house at the opening of the Ses-
sion. Committee chosen Mr- Whipple, Mr Tichenor & Mr Townsend.—
[Mr. Townsend was Secretary of State, not a member of the Assembly.]
This is the only notice of the Governor's speech found on the journals
of either House; and the newspapers printed in the State at that time
gave no account, either of the speech or of legislative proceedings. A
list of state officers and members of each House, judges of the superior
court, and agents and delegates to Congress, with a few of the acts, con-
stitute all legislative business that can be found in these newspapers.
Abel Curtis of Norwich died Oct. 1 1783, " aged about thirty years;"
and yet he had been three times elected a representative in the General
Assembly, and had served one term, each, as judge of Windsor county
court, and Agent of Vermont at Congress. An obituary notice, in the
Vermont Journal of Oct. 9 1783, described him as a kind husband; an
indulgent parent; an agreeable friend; a charitable, benevolent, and
truly honest man; and in every respect a very valuable member of the
community.
Governor and Council — October 1783. 25
Saturday, October 11th- 1783.
Met according to Adjournment.
Resolved, that His Honor Governor Spooner and Mr. Porter be a
Committee to join a Committee from the General Assembly, to consider,
and devise some effectual Measures, for the Settlement of a Gospel Min-
istry, and its Support, &c. and make Report.
Resolved, that a Committee be appointed to join a Committee from
the General Assembly, to consider on suitable Measures as a Provision
for the Discharge of the Debts of this State, & for the Support of Gov-
ernment the Year ensuing, and make Report. Members chosen Mr.
Fasset and Mr. Allen.
Resolved, that a Committee be appointed to join a Committee from
the General Assembly, on the Consideration of putting the Militia under
proper Regulations for the Defence of the State, and make Report.
Members chosen, Mr. Fletcher and Olcott.
Adjourned to Monday next, at 10 o'Clock in ye Morning.
Monday, October 13th- 1783.
Met according to Adjournment.
Resolved, that a Committee be appointed to join a Committee from
the General Assembly, to prepare, and bring in a New Bill for the reg-
ulating of Fees. Member chosen Mr. Safford.
Resolved, that a Committee be appointed to join a Committee from
the General Assembly, to devise and consider some Mode for settling
the Debts of Confiscated Estates, and make Report. Member chosen
Mr. Safford.
Adjourned to Tomorrow Morning 9 o'Clock.
Tuesday, October 14th- 1783.
Met according to Adjournment.
Resolved, that a Committee be appointed to join a Committee from
the General Assembly, to revise and amend the Act commonly called
the Tendry Act, and make Report. Member chosen Mr. Fasset.
Resolved, that a Committee be appointed to join a Committee from
the General Assembly, to prepare and bring in a Bill for the regulating
of the Militia. Members chosen Mr. Olcott and Mr. Fletcher.
Resolved, that Joseph Fay Esqr- be, and he is hereby appointed Secre-
tary of Council for the Year ensuing.
Adjourned to Tomorrow Morning 9 o'clock.
Wednesday, October 15th- 1783.
Met according to Adjournment.
Resolved, that a Committee be appointed to join a Committee from
the General Assembly, to take under their Consideration the present
Arrearages of the Provision Taxes, and report their Opinion concerning
the Adjustment and Collection of the same. Members chosen Mr.
Allen and Mr. Olcott.
Resolved, that a Committee be appointed to join a Committee from
the General Assembly, to adjust a certain Account exhibited against
this State by Stephen R. Bradley, Esqr- and make Report. Member cho-
sen Mr. Allen.
Adjourned to Tomorrow Morning 9 o'Clock.
26 Governor and Council — October 1783.
Thursday, October 16th- 1783.1
Met according to Adjournment.
Resolved, That Paul Brigham Esq1"- of Norwich be, and he is hereby
appointed Judge of the County Court for the County of Windsor, in the
Room of Abel Curtis Esqr- Deceas'd. And the Clerk of said County
Court is hereby directed to enter the Name of the said Paul Brigham in
the Commission of the Judges of said Court.
Resolved, That John Shumaway and Timothy Brown, both of Dorset
in the County of Bennington, be and they hereby are appointed Justices
of the Peace within and for said County, in the Room of John Strong
and Abraham Underhill, Esqrs- resigned. Ordered, that the Clerk of the
County Court of said County enter their Names in the Commission of
Justices of said County accordingly.
The following Bill was received from the General Assembly and read,
and ordered to be entered on the Journals of Council, viz*:
In General Assembly, October 14th- 1783.
Resolved, that the second Thursday in November next be set apart as
a Day of Public Thanksgiving to Almighty God, And that His Excel-
lency the Governor be requested to issue his Proclamation for the due
Observance thereof.
Extract from the Journals.
Lem. Chipman, Clerk [pro tern."]
Resolved, that a Committee be appointed to join a Committee from
the General Assembly, on the Petition of Nehemiah Lovell on Behalf
of the Inhabitants of Corinth; and the Petition of James Gilchrist on
Behalf of the Inhabitants of Ryesate, severally praying Leave to lay a
Land Tax in said Townships, for the Purpose of making Roads, building
Bridges, &c. and make Report. Member chosen Mr. Porter.
Adjourned to Tomorrow Morning 9 o'Clock.
Friday, October 17th- 1783.
Met according to Adjournment.
The Council joined the General Assembly on the 14th- Instant for the
Choice of Judges of the Superior Court for the Year ensuing, and the
Ballots being taken the following Persons were declared chosen, viz*;
1 From the Assembly Journal, Oct. 16 1783:
The Committee appointed in February Session last to agree with some
proper person or persons to carry on the Business of printing in this
State — reported that in consequence of their Appointment the major
part of the Committee immediately entered into an Agreement with Mr-
George Hough of Norwich in Connecticut in behalf of himself and Mr-
Alden Spooner. — [See Vol n, p. 12. ] That the said Hough and Spooner
did agree with the said Committee to undertake and faithfully perform
and carry on the printing Business for the State of Vermont for the
term of five Years from the 5th: day of March 1783 in some convenient
Town in this State at a reasonable Price — And that the said Committee
on behalf of the Legislature of this State agreeable to their Resolution
in February last for the purpose aforesaid did covenant and agree that:
the said Hough and Spooner shall have the exclusive right and privi-
ledge of performing the whole of said printing Business for this State
for the aforesaid Term of five Years from the date above mentioned, and
shall be paid for such Services annually — the said Printers becoming
sufficiently obligated to the said Committee for the failhful Performance
of said printing Business. Which report being read — Resolved, that, the
further Consideration be postponed until tomorrow Morning.
Governor and Council — October 1783. 27
The Honble- Moses Robinson, Esqr- Chief Judge. The Honorable Paul
Spooner, Thomas Porter, Peter Olcott and John Fasset Esq1-8- Side
Judges,1 who being present were duly qualified to the Office.
Resolved, that a Committee be appointed to join a Committee from
the General Assembly, to take into further consideration the Arrearages
of the Provision Taxes, & make Report. Member chosen Mr. Fletcher.
An Act entitled "An Act to enable Towns and Parishes to build
Meeting Houses, & support Ministers of the Gospel," having passed the
General Assembly, was received and read, and on the Question to con-
cur therein, it passed in the Affirmative.
Resolved, that His Honor Lieutenant Governor Spooner be, and he is
hereby appointed to attend upon the Settlement of Public Accounts
with Nathaniel Robinson Esqr-
, Resolved, that a Committee be appointed to join a Committee of
the General Assembly, to prepare and bring in a Bill for the Purposes
mentioned in the 7fh Article of the Arrangement of Business. Mem-
ber chosen Mr. Porter.
Resolved, that a Committee be appointed to join a Committee from
the General Assembly, on the Petition of Leonard Spaulding, and make
Report. Member chosen Mr. Safford.2
Adjourned to Tomorrow Morning 6 o'Clock.
Saturday, October 18th- 1783.
Met according to Adjournment.
Resolved, that a Committee be appointed to join a Committee from
the General Assembly, to make an Arrangement of the Officers of Gov-
1 The rank of the Side, or Assistant Judges, was as follows, viz*; John
Fasset, Paul Spooner, Peter Olcott and Thomas Porter.
2 Spaulding's petition was for relief in a suit brought against him, as
Commissioner of Sequestration, by Jonas Clarke.
From the Assembly Journal, Oct. 17, 1783:
The report of the Committee appointed in the last Session of Assem-
bly to procure persons to carry on the Business of printing in this State,
being again read — Resolved that the same be accepted and that a Bill in
form be brought in thereon.
It being represented to this House that Messrs- Haswell & Russell
[publishers of the Vermont Gazette, Bennington,] have printed one hun-
dred and fifty Copies of such Laws of this State as have heretofore been
revised — Resolved that upon the said Printers delivering over to the
Secretary [of State] the said Copies, the Committee of Pay-table be
directed to give said Haswell and Russell an Order upon the Treasury
for such sum as said Committee shall judge a meet reward for the said
Service — And that the Secretary be directed to send said Copies to the
several Sheriffs for publication [distribution] as soon as may be.
Hough & Spooner of the Journal at Windsor, and Haswell & Russell
of the Gazette at Bennington, were the only printers in the State until
Matthew Lyon started the Farmers' Library at Fairhaven in 1793. The
newspaper at Rutland in 1792 was started by Anthony Haswell of the
Bennington Gazette. It will be found that state patronage was given to
both of the presses established in 1783 ; in fact at the same time when
this contract for printing for five years was given to Hough & Spooner,
the General Assembly granted a lottery to Haswell & Russell, to raise
two hundred pounds for the establishment of a paper-mill.
28 Governor and Council — October 1783.
ernment. Members chosen Mr. Fasset and His Honor The Lieutenant
Governor.
A Petition of Simon Stevens was read, praying the Remission of a
certain Fine imposed on him by a Judgment of the Supreme Court;
whereupon. Resolved, that Ten Pounds of said Fine be, and hereby is
remitted.
Resolved, that the Prayer of the Petition of Thomas Cutler, in Behalf
of Isaac Weld and Simeon Ferrel of Guilford, be granted. x
The Honorable John Throop Esq1-- appeared, and being duly qualified
by Oath to the Office of Councillor, took his Seat at the Board accord-
ingly.
The Petition of Brigham and others was read, whereupon,
Resolved, that no Petition big with such charges of Injustice and Par-
tiality ought to be received, or acted upon by the Legislature of Ver-
mont.
Adjourned to Monday next, 9 o'Clock in ye Morn'g.
Monday, October 20th- 1783.
Met according to Adjournment.
Resolved, that a Committee be appointed to join a Committee of the
General Assembly, to take into Consideration the Right of the District
of Ira to be represented in the General Assembly, and make Report.
Member chosen His Honor the Lieu* Governor.
Resolved, that the Treasurer be directed to pay unto Judah P. Spooner,
the Sum of Five Pounds Twelve Shillings and Six Pence Lawful Money,
(for Printing Three Hundred Copies of Laws) out of the Two-Penny Tax
of 1782. £5 12 6.
An Act empowering unto, and approving of, and directing the Sale of
a part of the real Estate of George Nichols, late of [Tinmouth,] De-
ceased, having passed the General Assembly, was received and read, and
on the Question to concur therein, it passed in the Affirmative.
Adjourned to Tomorrow Morning, 9 o'Clock.2
JStevens, Weld, and Ferrel were among the persons commissioned by
Gov. Clinton in June 1782, and the fines had been imposed for the ac-
ceptance of Clinton's commissions. Weld took the oath of allegiance to
Vermont in open court, on the conclusion of his trial; and Stevens and
Ferrel had of course taken the oath previous to this action of the Gov-
ernor and Council; indeed Stevens represented Springfield in the As-
sembly at this time.
2 From the Assembly Journal, Oct, 20 1783:
The Committee appointed to take into Consideration the Memorial of
his Excellency reported the following Resolutions viz*-
Resolved that his Excellency's Salary from October 1778 to October
1779 be one hundred Pounds lawful Money, and that he be allowed the
Sum of twenty Pounds lawful M'mey for services mentioned in a Memo-
rial of his Excellency dated 29th September 1783, and that the Treasurer
be and he is hereby directed to pay the same accordingly.
And with respect to the mode of paying his Excellency's Salary for
the two years last past,
Resolved that the Salary for the Year 1781, which is £200 lawful
Money, and the Salary; for the Year 1782, which is £150, being £350'
Governor and Council — October 1783. 29
Tuesday, October 21st- 1783.
Met according to Adjournment.
Kesolved, that Thomas Taggert of Halifax in the County of Windham
be, and he is hereby appointed a Justice of the Peace within and for
said County, in the Room of Benja- Henry resigned. Ordered, that the
Clerk of the County Court of said County enter the Name of the said
Thomas Taggert in the Commission of the Justices of said County.
An Act entitled " An Act in addition to an Act entitled an Act re-
specting Counterfeit Money," passed in October 1782, at Manchester,
having passed the General Assembly, was received and read, and on the
Question to concur with the same, it passed in the Affirmative.
An Act entitled " An Act in addition to an Act entitled an Act against
counterfeiting Bills of Public Credit, Coins, or Currencies, and emitting
and passing Bills or Notes on Private Credit, and preventing Injustice
in passing Counterfeit Bills," having passed the General Assembly, was
received and read, and on the Question to concur therein, it passed in
the Affirmative.
A Bill from the General Assembly was received and read, purporting
a Request to join a Committee of Council, for the Purpose of framing a
Bill to be enacted into a Law, to prevent the Return of Inimical Persons
into the State; whereupon
Resolved, that as the Provisional Treaty of Peace stipulates that Con-
gress recommend to the several States to pass Acts permitting those
who have gone from among them to return for a limitted Time — That
Congress, for Reasons best known to themselves, have neglected passing
such Recommendations — That none of the United States have, to our
Knowledge, since Peace took place, passed any Public Act respecting
the Return of inimical Persons — That by the latest Accounts from
Europe, the Completion of the Definitive Treaty was procrastinated —
That for this State, considering her Situation — under the Disadvantage
she is to have foreign Intelligence, to lead the United States in these
Matters, appears premature: This Council therefore are unanimously of
Opinion, that no Act be passed at this Session respecting inimical Per-
sons.1
The following Bill was received and read, and ordered to be entered
on the Journals, viz*;
In General Assembly, Octr- 21st- 1783.
Resolved, that His Excellency be requested to grant a Passport to
Charles Phelps, Esqr- to come to this Assembly, now sitting at Westmin-
lawful money in the whole, be paid the one half in forfeited rights of
Land in the town of Carthage, at nine pounds per right, and the other
half in State notes given by the Treasr-
Which report being read was accepted.
lOn receiving this resolution of the Governor and Council, the follow-
ing entry was made in the Assembly Journal of Oct. 22:
The Objections of the Council to joining a Committee from this
House for the purpose of forming an Act to prevent the Return of inim-
ical Persons into this State, being read, Whereupon Resolved that his
Excellency the Governor be and hereby is requested to omit giving any
persons within the Enemy's Lines who have been deemed Enemies to this
and the United States, a permit to return and be in any part of this
State, until the further Order of this House thereon.
30 Governor and Council — October 1783.
ster, and return unmolested, under such Restrictions as His Excellency
shall think proper.
Extract from the Journals.
Lem. Chipman, Clerk P. T.
Upon which the following Passport was granted, viz4;
By His Excellency Thomas Chittenden, Esquire, Governor, &c. &c.
A PASSPORT.1
In Pursuance of a Resolution of the General Assembly of this Day
requesting me to grant a Passport to Charles Phelps, Esq1"- to come to
said Assembly now sitting at Westminster, and return unmolested, un-
der such Restrictions as I shall think proper; Liberty is hereby granted
to Charles Phelps, Esqr- to pass unmolested from Walpole to sd- Assem-
bly now sitting at Westminster- there to remain during my Pleasure;
then to return from thence to said Walpole. And all Persons within
this State are to take Notice hereof, and Govern themselves accordingly.
Thomas Chittenden.
Westminster, Octr- 21st- 1783.
Adjourned to Tomorrow Morning 9 o'Clock.
Wednesday, October 22nd- 1783.
Met according to Adjournment.
Resolved, that the Treasurer be directed to pay unto Mess"- Hough
and Spooner Printers, Eleven Pounds Five Shillings and Six Pence
Lawful Money, for Services to the Public in Printing. ,£11 5 6.
On receiving Official Information from Stephen Row Bradley, Esqr- of
his Resignation of the Office of Side, or Assistant Judge of the County
Court of the County of Windham, Resolved, that the same be accepted.
An Act altering the Time for holding the County Court in the County
of Rutland, having passed the General Assembly, was received and read,
and on the Question to concur therein, it passed in the Affirmative.
An Act empowering unto, and approving of a Sale of a Part of the
real Estate of Simeon Burke, deceased, having passed the House, was
received and read, and on the Question to concur therein, it passed in
the Affirmative.
Adjourned to Tomorrow Morning 9 o'Clock.
Thursday, October 23rd- 1783.
Met according to Adjournment.
An Act for the Purpose of enabling the Surveyor General to compleat
a Survey of the Town-Lines of this State, having passed the General
Assembly, was received and read, and on the Question to concur therein,
it passed in the Affirmative.
An Act confirming the Title to a certain Right of Land in Poultney
to John Ashley, was received and read, having passed the General As-
sembly, and on the Question to concur therein, it passed in the Affirm-
ative.
An Act empowering the several Courts in this State to try, and a final
Determination make of a Cause or Action now pending before the
County Court for the County of Windham, between Mary Whipple, Ad-
ministratrix on the Estate of Daniel Whipple Deceased, and Rachel
Chaffee Administratrix on the Estate of Atherton Chaffee Deceased, for
1 See Appendix C.
Governor and Council — October 1788. 81
Lands in Westminster, having passed the General Assembly, was re-
ceived and read, and on the Question to concur therein, it passed in the
Affirmative.
An Act for the Kepeal of an Act entitled " An Act in addition to an
Act entitled an Act for licensing Houses of Public Entertainment, or
Taverns, and for suppressing unlicensed Houses," passed at Manchester
in October last, having passed the General Assembly, was received and
read, and on the Question to concur therein, it passed in the Affirma-
tive.
An Act empowering the Commissary General to give his Extents for
collecting the Provision Taxes granted in 1780 and 1781, having passed
the House, was received and read, and on the Question to concur there-
in, it passed in the Affirmative.
An Act granting an Abatement on the Provision Tax of 1781 to the
Town of Halifax, having passed the General Assembly, was received
and read, and on the Question to concur therein, it passed in the Affirm-
ative.
An Act entitled " An Act to prevent the Inhabitants of New-York
being allowed greater Priviledges within this State, than the Inhabitants
of this State are allowed within the State of New-York," having passed
the General Assembly, was received and read, and on the Question to
concur therein, it passed in the Affirmative.
Kesolved, that a Committee be appointed to join a Committee from
the General Assembly, to take under their Consideration Measures for
quieting Ancient Settlers, and prepare and bring in a Bill for the
Purpose, to be laid before the General Assembly, at their next Session.
Members chosen Mr. Allen, Mr. Fasset and Mr. Safford.1
An Act to prevent the unlimitted spreading of the Small Pox by In-
noculation, or otherwise, having passed the General Assembly, was re-
ceived and read, and on the Question to concur therein, a motion was
made and seconded, that it be recommended to the General Assembly
that said Act ly over, for further Consideration, to the next Session, and
on the Question to agree to the last Motion, it passed in the Affirmative.
An Act entitled " An Act for qualifying Chainmen," having passed the
General Assembly, was received and read, and on the Question to con-
cur therein, it passed in the Affirmative.
An Act entitled " An Act directing the Form of Bills of Abatement
on State Taxes," having passed the General Assembly, was received and
read, and on the Question to concur therein, it passed in the Affirmative.
An Act. entitled "An Act directing Town Clerks to return the Names
of the first Constables of their respective Towns, to the Treasurer of the
State," having passed the General Assembly, was received and read; and
on the Question to concur therein, it passed in the Affirmative.
An Act entitled "An Act declaring a Time when to begin the Set-
tlement of New Lands, which Settlement has been prevented by the
late War between Great Britain and America," having passed the Gen-
eral Assembly, was received and read, and on the Question to concur
therein, it passed in the Affirmative.
Adjourned to Tomorrow Morning 9 o'Clock.
Friday, October 24th- 1783.
Met according to Adjournment.
An Act, further to continue the Laws passed by the Legislature of
this State, having passed the General Assembly, was received and read,
and on the Question to concur therein, it passed in the Affirmative.
I See Appendix E.
32 Governor and Council — October 1783.
An Act for the purpose of levying the respective Taxes therein con-
tained, and directing and regulating the Mode for collecting the same,
having passed the General Assembly, was received and read; and on the
Question to concur therein, it passed in the Affirmative.
An Act for the regulating of Fees, having passed the General Assem-
bly, was received and read; and on the Question to concur therein, it
passed in the Affirmative.
An Act for the Purpose of raising One Hundred able, effective Men,
to assist the Sheriff, or Civil Authority in carrying into Execution the
Laws of this State in the Southerly Part of the County of Windham,
having passed the General Assembly, was received and read; and on the
Question to concur therein, it passed in the Affirmative.1
An Act in addition to an Act regulating Proprietors' Meetings, hav-
ing passed the General Assembly, was received and read; and on the
Question to concur therein, it passed in the Affirmative.
An Act against Polygamy and Adultery, having passed the General
Assembly, was received and read, and on the Question to concur there-
in, it passed in the Affirmative.
An Act for the Partition of Lands, having passed the General Assem-
bly, was received and read; and on the Question to concur therein, it
passed in the Affirmative.
Resolved, that the Honorable Samuel FJ etcher Esqr- be, and he is
hereby appointed a Judge of the County Court for the County of Wind-
ham, in the Room of Mr. Bridgman, resigned. Ordered, that the Clerk
of the County Court of said County, enter the K"ame of the said Samuel
Fletcher in the Commission of the Judges of said Court, accordingly.
Resolved, that Jonan- Hunt Esqr- be, and he is hereby appointed a
Judge of the County Court for the County of Windham, in the Room of
Stephen R. Bradley, resigned. Ordered, that the Clerk of the County
Court of said County enter the Name of the said John [Jonathan] Hunt
in the Commission of the Judges of said Court, accordingly.
Resolved, that the Treasurer be directed to pay unto
Judge Spooner, Twelve Pounds, £12
d°- Fasset, Twelve Pounds, 12
d°- Porter, Eight Pounds, 8
d°- Fay, Four Pounds, 4
d°- Robinson, Twelve Pounds, 12
d°- Olcott, Twelve Pounds, 12
£60 0 0
all in Hard Money, to be charged to them respectively on their Pay as
Judges of the Supreme Court.
An Act empowering unto, and approving of the Sale of a Part of the
real Estate of Jesse Newell deceased, having passed the General Assem-
bly, was received and read; and on the Question to concur therein, it
passed in the Affirmative..
Resolved, that Paul Brigham Esqr- be, and he is hereby appointed a
Justice of the Peace within and for the County of Windsor in the Room
of Abel Curtis Esqr- deceased. Ordered, that the Clerk of said County
enter the Name of the said Paul Brigham in the Commission of the
Justices of said County, accordingly.
Resolved, that Ira Allen Esqr- Surveyor General be, and hereby is
empowered and directed to dispose of a Township of Land granted to
Major Timothy Woodbridge and Associates, by the Legislature, in Oc-
tober, 1781 — That the lowest Price be Eight pounds per Right, and that
1 See Appendix C.
0
0
0
0
0
0
0
0
0
0
0
0
Governor and Council — November 1783. 33
they be sold for as much more as they will fetch — That the Avails be
applied to the Use of purchasing Stores, &c. for the purpose of survey-
ing Town Lines in this State; and that the Surveyor General be account-
able for said Lands, at the Price he may sell them at, in the Settlement
of Accounts for running Town Lines, agreeable to the Laws of this
State.1
Resolved, That in pursuance of, and agreeable to an Act of the Legis-
lature, Col0- Ira Allen be, and hereby is fully authorized and empowered
to hire Money, or purchase Stores, for the Purpose of surveying the
Town-Lines of this State, and to pledge the Faith of this State for the
Discharge of any such Debts contracted by him, and this State will be
accountable for the Fulfillment of all Contracts by him made in Behalf
of this State — The said Allen to be accountable for all Money hired, or
Stores purchased as aforesaid in the Settlement of Accounts ibr running
Town-Lines, agreeable to the Laws of this State.
Resolved, that Ira Allen Esif- Surveyor General be, and hereby is em-
powered to draw on the Treasurer, for the Sum of Three Hundred
Pounds, on a Tax granted by the General Assembly at their Session in
October 1783, of Three pence on the Pound — That the Surveyor Gene-
ral apply the same to pay Debts contracted for running Town-Lines the
present year, and to procure Stores for the Use of Running Town-Lines
the ensuing year, and be accountable for the same in settling the Ac-
counts of the State.
Resolved, that Ira Allen Esq1- Surveyor General be, and he is hereby
empowered and directed to dispose of Thirty Five Rights of Land in
the Town of Carthage, [Jay,] at Eight Pounds per Right as the lowest
Price and as much more as he can ; Accounting with the State at the
Price such Rights are sold at. That the Avails be applied to the Use of
procuring Stores, &c. for Running Town-Lines the ensuing Year; and
that the Surveyor General be accountable for the same, in the Settle-
ment of Accounts of Running Town-Lines, agreeable to the Laws of
this State.
Adjourned without Day. Lot Hall, 8e&' Pro, Tern.
Attest, Thomas Tolman, Depy- Secy-
End of October Session, 1783.
RECORD OF THE GOVERNOR AND COUNCIL
AT A
SPECIAL SESSION AT BENNINGTON, NOVEMBER 26 1783.
In Council at Bennington, November 26th- 1783.
Present, His Excellency Thomas Chittenden, Esqr- Governor. The
Honorable Moses Robinson, Timothy BrOwnson, Jonas Fay, John Fas-
set, Ira Allen and Samuel Safford, Esqrs- Councillors.
1 By the authority of this and other resolutions, Allen took the town-
ship of Woodbridge for himself, out of which a controversy arose that re-
sulted in the defeat of Gov. Chittenden in 1789.— See Appendix H.
4
84 Governor and Council — November 1783.
Resolved, that Jonathan Brace Esqr- be, and he hereby is appointed a
Justice of the Peace within and for the County of Bennington, for the
Time being, in the Room of Major Gideon Ormsbee who declines serv-
ing in that Office.
Resolved, that Major Gideon Brownson be, and he is hereby appointed
a Judge of the County Court for the County of Bennington, for the
Time being, in the Room of Jona- Brace Esq1-- who declines accepting
that Office.
Resolved, that Mr. John White be, and he is hereby appointed a
Judge of the County Court for the County of Bennington, in the Room
of John Strong Esq1'- who has removed out of the County.1 Ordered,
that the Clerk of said County Court enter the Names of the said Jona-
Brace, Gideon Brownson and John White in the respective Commissions
of Judges and Justices, accordingly.
Resolved, that Mr. Samuel Sherman be paid Nine Shillings per week
out of the Public Treasury, for riding Post, carrying and bringing the
Public Intelligence to, & from this to Albany, until the sitting of the
General Assembly in February next; — He to be accountable for all the
Money he shall receive as Postage on Letters, which is to be deducted
from the Nine Shillings per week, & to be accepted by him in Part Pay-
ment thereof; and that Orders be drawn on the Treasurer therefor, to
be paid out of the Three Penny Tax.*
Resolved, that Ira Allen Esq1-- Surveyor General be, and he is hereby
empowered to draw on the Treasurer for the Sum of Twelve Pounds to
be advanced out of the Two penny Tax granted in October 1782; and
that the said Surveyor General be accountable for the same on account
of Expenses for Stores, &c. in surveying Town Lines the ensuing Year,
agreeable to Act of Assembly.
An Order passed the Council this Day, requesting His Excellency the
Governor to make out a Charter of Incorporation of the Township of
Cambridge, agreeable to certain described Bounds; which Bounds, to-
gether with a Resolution of Council thereon, are ordered to remain on
the Piles in the Secretary's Office.
Attest, Tho. Tolman, Bepv- SecP-
1 Judge Strong had returned to his homestead in Addison, from which
he had been taken by the British in 1777. — See Yol. II, p. 106, note.
2 The Vermont Gazette of Nov. 27 1783 contained the following:
His Excellency the Governor with the Hon. Council of this State hav-
ing seen fit to establish a post rider to go weekly from this tnwn [Ben-
nington] to Albany, [N. Y.,] the public are hereby informed that the
post office business will be transacted at the Printing Office, and the
greatest care will be taken to forward letters, &c. &c. as expeditiously as
possible. Postage will be under the same regulations as in the United
States; the postage of all letters directed to persons out of the State,
must be paid at the time of leaving them at the office, as far as Albany.
Governor and Council — February 1784. 35
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
ADJOURNED SESSION WITH THE GENERAL ASSEMBLY,
At Bennington, February and March 1784.
State of Vermont. Bennington, Thursday, February 19th- 1784.
Council met, agreeable to the Adjournment of the General Assembly
in October last.
Present, His Excellency Thomas Chittenden, Esqr- Governor. The
Honorable Moses Robinson, Tim0- Brownson, Joseph Bowker, Jonas
Fay, Sam1- Safford & John Fasset Jr- Esqrs- Councillors.
Adjourned to Tomorrow Morning, 9 o'Clock.
Friday, February 20th- 1784.
Met according to Adjournment.
The Honorable Ira Allen attended, & took his Seat in Council.
Resolved, that a Committee be appointed to join a Committee from
the General Assembly, to take into Consideration the Mode of passing
Public Bills and Acts into Law — of laying them before both Houses;
and the Mode of recording them regularly after passing, and make Re-
port. Members chosen Mr. Fasset and Mr. Robinson.1
1 Messrs. Lyon, Tichenor, Townsend, [Secretary of State,] Chipman,
[Lemuel,] and Weld were joined from the House. This resolution re-
sulted in the following act — an important one, as it advanced, as far as
the constitution would then permit, toward making the two Houses co-
ordinate in their powers of legislation.
An Act directing the form of passing Laws.
Be it enacted, &c. that when the Governor and Council shall lay any
bill before the General Assembly, and the same shall be passed by the
Assembly without amendment, the Council shall be informed thereof by
a written message; and the same shall be considered and recorded as a
law of this State.
That when a bill shall originate in, and be agreed to by, the Assem-
bly, it shall be sent to the Governor and Council for their perusal and
proposals of amendment; and if no amendment shall be by them pro-
posed within three clays, or before the adjournment or rising of the Le-
gislature, the said bill shall be returned to the Assembly, and passed into
and recorded as a law. And if amendments shall be proposed to any
bill, and the Assembly concur therein, the Council shall be informed
thereof by a written message; and the said bill shall then be a law. But
if all or a part of the proposed amendments shall not be concurred in by
the Assembly (the reasons for which amendments shall be given ver-
bally, or in writing) the bill shall be returned to the Council, and the
reasons of such non-concurrence be given, either verbally or in writing,
36 Governor and Council — February 1784.
The Honorable Samuel Fletcher Esqr- attended, & took his Seat in
Council.
Colonel Elijah Kobinson delivered a verbal Message from the General
Assembly to the following Purport, — " That there wants five Members
of a Quorum of the General Assembly for Business — That the Members
present wish to know of His Excellency and Council whether they
would lay before them any Papers, or advise the Transaction of any
Business, as preliminary to legal Acts or Laws that may be passed the
present Session." Whereupon,
Besolved, that the Governor and Council have no Papers to lay before
the Members of Assembly that appear to be a Means of facilitating
Business, for the present. At the same Time, that it may be proper, as
there is so nearly a Quorum, to appoint a Committee of Members to jojn
a Committee of Council, to consider on the Arrangement of the Busi-
ness of the present Session, and be in readiness to report as soon as
there may be a Quorum, — if the Members present concur with the Coun-
cil in the Propriety of the Measure. Resolved, that Mr. Brownson and
Mr. Robinson be a Committee to deliver the foregoing Resolution.
Notice being given that there was a Quorum of the General Assembly
for Business, the Council attended, and His Excellency the Governor,
having taken the Chair, laid before the General Assembly sundry Let-
ters, with Copies of Answers, which were read in order.1
Resolved, that a Committee be appointed to join a Committee from
the General Assembly, " to arrange the necessary Business of the pres-
ent Session, and make Report." Members chosen Mr. Fletcher. Mr.
Allen & Mr. Safford.
Adjourned to Tomorrow Morning, 9 o'Clock.
Saturday, February 21st- 1784.
Met according to Adjournment.
A Bill from the General Assembly, appointing a Committee of Five
to join a Committee of Council, to take into consideration, and prepare
a Bill for Taxing the unimproved Lands in this State, for the Purpose
of building Roads, Bridges, &c. was received and read; and the Council
having taken the Subject thereof into Consideration, are of Opinion that
that the Council may, if they shall think proper, proceed further thereon.
And if the Council shall not, within three days, or before the rising of
the Legislature, propose further amendments which shall be agreed to
by the Assembly, the said bill shall be returned to the Assembly, and
considered and recorded as a law.
And be it further enacted, that if it shall so happen that the Council
and Assembly cannot separately agree upon a bill, when amendments
shall be so proposed as aforesaid, they shall meet in grand committee, in
order that the wisdom of both Houses may be properly obtained; after
the dissolution of which committee, the Assembly shall take them into
consideration, and proceed as is above mentioned.
And be it further enacted, that all bills remaining with the Council at
the rising or adjournment of the Legislature, at every sitting thereof,
shall by the Council be delivered to the Secretary of the State.
1 See Appendix C.
Governor and Council — February 1784. 37
a General Act of that Nature would be attended with evil consequences,
and prove detrimental to the Public in general.1
Adjourned to Monday next, 9 o'Clock in the Morning.
Monday, February 23rd- 1784.
Met according to Adjournment.
Resolved, that a Committee be appointed to join a Committee from
the General Assembly, to take under consideration some effectual Meas-
ures for the Settlement of confiscated Estates, and the Payment of Debts
& Demands on the same, and make Report. Member chosen Mr.
Fletcher.
Eesolved, that a Committee be appointed to join a Committee of Nine
from the General Assembly, on the Subject of Quieting Ancient Set-
tlers, and opening Land Trials, and make Report. Members chosen
Mr. Bowker and Mr. Fay.
A Letter signed James Martin, Emanuel Case, George Hubbard and
Nathaniel Weston, was read, requesting that the Trial of Colonel Bar-
rett be postponed. — Ordered, that the said Letter be put on File.2
Adjourned to Tomorrow Morning, 9 o'Clock.
Tuesday, February 24th- 1784.
Met according to Adjournment.
Resolved, that a Committee of two be appointed to join a Committee
from the General Assembly, to consider and report upon the most effec-
tual Measures for the securing and settling all the small Islands in Lake
Champlain, East of the deepest Channel. Members chosen Mr. Allen
and Mr. Safford.
Resolved, that this Council recommend to the General Assembly to
take into consideration, the Expediency of continuing the Number of
Men now in Service at Guilford, and if it appears that there are a greater
Number than the Service requires, to give order for their Dismission.3
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, to take under consideration the
Expediency of continuing the Number of Men now in Service at Guil-
ford, & report. Member chosen Mr. Fletcher.
Resolved, that a Committee be appointed . to join a Committee ap-
pointed by the General Assembly, on the Petition of Majr- Gideon
1 When this message was read in the Assembly, it was " resolved that
the said Committee proceed according to their appointment notwith-
standing the above opinion of Council."
2 The General Assembly, by a resolution adopted Oct. 16 1783, im-
peached John Barrett, a justice of the peace for the County of Windsor,
" for mal-administration in said office," and authorized Stephen R. Brad-
ley to prosecute said Barrett " by impeaching him before the Governor
and Council to final Judgment— for mal-administration." Trial was sus-
pended, and on the 2d of March the Assembly resolved that the pend-
ing impeachment " virtually suspended " Barrett " from officiating in his
office."
8 See Appendix C for this resolution as it was transmitted to the As-
sembly.
38 Governor and Council — February 1784.
Brownson and John Fasset Esqr-, and report thereon. Member chosen
Mr. Kobinson.
Kesolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on the Petition of William Shat-
tuck, and report thereon. Member chosen Mr. Brownson. l
Kesolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on a Petition signed Samuel Rice,
and report thereon. Member chosen Mr. Safford.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on a Petition from the First Society
in Manchester, and report thereon. Member chosen Mr. Robinson.
Adjourned to Tomorrow Morning, 9 o'Clock.
Wednesday, February 25th- 1784.
Met according to Adjournment.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, to prepare, & bring in an Amend-
ment to an Act relating to negotiable Notes. Member chosen Mr.
Fasset.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, to take into consideration some
effectual Measures for adjusting the Cost of 300 Men raised in the Year
1782, and report. Member chosen Mr. Allen.
An Act directing the Form of passing Laws, & recording the same,
having passed the General Assembly, was received and read; and on
the Question to concur therein, it passed in the Affirmative.
Resolved, that it is hereby proposed and recommended to tlie General
Assembly to direct the Secretary of State to make out Copies of the Res-
olutions of the General Assembly, and deliver them to the Governor in
Council.
Adjourned to Tomorrow Morning, 9 o'Clock.
Thursday, February 26th- 1784.
Met according to Adjournment.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General. Assembly, to prepare an addition to an Act
entitled " an act for regulating Civil Actions," and report; Member cho-
sen Mr. Fasset.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, to consider upon proper Instruc-
tions to be given to the Treasurer respecting the Payment of Interest
due on Public Securities, and report. Member chosen Mr. Robinson.
Resolved, that a Committee join a Committee appointed from the
General Assembly, to consider upon an Amendment of an Act entitled
u An Act for disposing of transient Persons," and report. Member cho-
sen Mr. Olcott.
On the Request of Mr. Smith, in Behalf of Mr. Guild and Mr. Young,
for an Alteration of the Lines of Guildhall and Lunenburgh,
Resolved, that Mr. Robinson and His Honor the Lieutenant Governor
be a Committee, to make a verbal Request to the General Assembly in
behalf of the Petition, and inform of the further Evidence that appears
in favour of an Alteration being made.
1 See Appendix C.
Governor and Council — February 1784. 39
Resolved, that a Committee join a Committee appointed by the Gen-
eral Assembly, to take under Consideration the Modes of Taxation, and
make Report. Member chosen Mr. Safford.
Resolved, that a Committee join a Committee appointed from the
General Assembly, on a Petition signed Charles Phelps,1 and report
thereon. Members chosen Mr. Safford and Mr. Fletcher.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on the Petition of Oliver Waters,
aud report. Member chosen Mr. Allen.1
Adjourned to Tomorrow Morning, 9 o'Clock.
Friday, February 27th- 1784.
Met according to Adjournment.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, to instruct the Collectors of the
Land-Tax, laid in October 1783, and to prolong the Time of Settlement
with the Treasurer for said Tax, and report thereon. Member chosen
Mr. Brownson.
Resolved, that John Strong Esqr- be, and he is hereby appointed a
Judge of the County Court for the County of Rutland, in the Room of
Thomas Porter Esq1*- who is elected one of the Judges of the Superior
Court. Ordered, that the Clerk of the County Court of said County
enter the Name "of the said John Strong in the Commission of the Judges
of said County, accordingly.
An Act incorporating the Congregational Society in the Town of
Manchester, having passed the General Assembly, was received and
read; and on the Question to concur therein, it passed in the Affirm-
ative.
An Order in favour of Hough and Spooner for the Sum of Eleven
Pounds was presented to the Council, having been passed by the Com-
mittee of Pay-Table and an Order thereon drawn on the 2d- Tax, re-
questing that the said Order might be altered from the 2d- to the 3d- Tax,
whereupon
Resolved, that the Governor be requested to make the said Alteration.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on a Petition from the Selectmen
of Shaftsbury, and report thereon. " Member chosen Mr. Emmons.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, to consider the Petition of the In-
habitants of "Wells and other Towns, praying to be incorporated into a
separate Town, and report thereon. Member chosen Mr. Brownson.
Two Petitions were received and read, one from a Number of the In-
habitants of Wells, and one other from Jehiel Beardsley, remonstrating
against the Prayer of the Petition of the Inhabitants of Wells and other
Towns, last above mentioned, being granted, — Ordered that they be re-
ferred to the same Committee.
The following Bill was received from the General Assembly and read,
and ordered to be entered on the Journals of Council, which is as fol-
viz*;
State of Vermont, In General Assembly, Feb^- 27th- 1784.
Resolved, that the Treasurer be, and he is hereby directed to suspend
his Extents against the Collectors for the Land-Tax granted in October
1783, until the first day of June next.
Extract from the Journals. Roswell Hopkins, Clerk.
' * See Appendix C.
40 Governor and Council — February 1784.
Eesolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on the Petition of Nathan Leon-
ard, and report thereon; Member chosen Mr. Bowker.
An Act discharging Charles Phelps Esqr- from Imprisonment, having
passed the General Assembly, was received and read; and on the Ques-
tion to concur therein, it passed in the Affirmative.
And the said Charles Phelps, being admitted to a personal Appearance
before the Council, did volluntarily take the Oath of Allegiance and
Fidelity to the State of Vermont.1
Adjourned to Tomorrow Morning 9 o'Clock.
Saturday, February 28th- 1784.
Met according to Adjournment.
Eesolved, that Mr. Safford be appointed to take the Place of Mr. Ol-
cott on the Committee of which he was appointed a Member the 26th-
instant.
Eesolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on a Petition of the County of
Orange, and report thereon. Member chosen Mr. Olcott.
A Committee from the General Assembly informed the Governor and
Council that that House was ready to take up the Dispute concerning
the Validity of the Charters of Wilmington and Draper, whereupon the
Governor and Council proceeded to the House, and after having heard
the Pleas on both sides,
Eesolved, that the Governor and Council and General Assembly take
further Cognizance of the said Cause, and try the same; and that the
7th- Day of the Session of the General Assembly in October next, be
assigned for that Purpose.
A Question arising with respect to the Mode of determining on this
Cause — whether by the Governor and Council and General Assembly
conjointly, or by separate Determination, a Motion was made by Mr.
Allen, that the Council withdraw [from the joint assembly] for further
Deliberation on the Subject, — Council withdrew accordingly to the
Council Eoom.2
The County Officers of Orange County having made a Eesignation of
their respective Offices,
Eesolved, that the same be accepted, on condition that all those Offi-
cers who were elected previous to the Dissolution of the Union, on the
West Side of Connecticut Eiver, continue to serve in their respective
Offices until a County Election can be had, or others chosen and sworn
in their Eoom.
1 See Appendix C.
2 From the Assembly Journal, Feb. 28 1784:
Eesolved that a Committee of five be appointed to take into consid-
eration the mode of proceeding of his Excellency the Governor the
Council and the House of Eepresentatives in cases of equity and make
report. — The members chosen Mr- Strong, Mr- Eobinson, Mr- Wal-
bridge, Mr- Lyon and Mr- Mattucks.
A bill entitled " an act to continue the causes which are or may be
depending between the proprietors of Wilmington and Draper " was
read and accepted and sent to the governor and council for perusal and
proposals of amendment..— [Concurred in by the Governor and Council,
March 1.]
Governor and Council — March 1784. 41
Kesolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on the Petition of the Selectmen of
the Town of Arlington, and report thereon. Member chosen Mr.
Throop.
Resolved, that the State's Attorney for the County of Windham be,
and he is hereby directed to suspend collecting the Fines against the
following Persons, until further Order, viz*; Cyrel Carpenter, Edward
Carpenter, Amos Yaw Jr- Shubael Bullock, Elijah Curtis, Asaph Car-
penter, Joseph Chamberlain and David Thurber.1
Adjourned to Monday next, 9 O'Clock in the Morning.
Monday, March 1st- 1784.
Met according to Adjournment.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on a Petition signed Joel Abbott,
and report thereon. Member chosen Mr. Porter.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on a Request of General Allen for
the Payment of £78 — for Printing a Number of Pamphlets for the Use
of this*State, for which Sum of £78 he gave his own promisory Note of
Hand to the Printers in Hartford, and report thereon. Member chosen
Mr. Throop.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on the Petition of Nathaniel Sea-
ver. and report thereon. Member chosen Mr. Bowker.
»An Act for continuing the Action between Wilmington and Draper,
having passed the General Assembly, was received and read; and the
Question being put whether the same be concurred, it passed in the
Affirmative.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on the Petition from the County of
Orange, and report. Members chosen Mr. Olcott and Mr. Emmons.
The following Bill was received from the General Assembly and read,
and ordered to be entered on the Journals of Council, viz';
In General Assembly, March 1st- 1784.
Resolved, that the second Wednesday of April next be, and is hereby
set apart to be observed as a Day of Public Fasting and Prayer through-
out this State — And His Excellency the Governor is hereby requested
to issue his Proclamation accordingly.
Extract from the Journals. Roswell Hopkins, Clerk.
An Act dividing the Town of Woodstock into two Parishes, having
passed the General Assembly, was received and read; and on the Ques-
tion to concur therein, it passed in the Affirmative.
An Act empowering Ira Allen to sell the Estate of Major Heber
Allen deceased, having passed the House, was received and read; and
on the Question to concur therein, it passed in the Affirmative.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on the Petitions of the Selectmen
of the Towns of Wells and Rupert respective^, praying for an Abate-
ment of their Provision Taxes, and report. Member chosen Mr. Throop.
An Act empowering the Governor and Council to appoint Justices of
the Peace in new towns, having passed the General Assembly, was re-
ceived and read, and on the Question to concur, it passed in the Affirma-
tive.
Adjourned to Tomorrow Morning, 9 o'Clock.
1 See Appendix C.
42 Governor and Council — March 1784.
Tuesday, March 2nd- 1784.
Met according to Adjournment.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, to point out the Mode of Proceed-
ing of His Excellency the Governor, the Honorable Council, and House
of Assembly in Cases of Equity. Members choseC Mr. Spooner and
Mr. Robinson.
Resolved, that upon the Recommittment of the Affair of Guildhall
and Lunenburgh, a Committee be appointed to join a Committee ap-
pointed by the General Assembly, and report thereon. Members cho-
sen Mr. Olcott and Mr. Fasset.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on the Petition of Joseph Farns-
worth Esqr- Commissary General, and report thereon. Member chosen
Mr. Bowker.
Resolved, that a Committee be appointed to join a Committee from
the General Assembly, on the Petition of Moses Warren, and report
thereon. Member chosen Mr. Throop.
An Act to prevent the unlimitted Spread of the Small Pox, having
passed the General Assembly, was received and read; and on the Ques-
tion to concur therein, it passed in the Affirmative.
Resolved, that a Committee be appointed to join a Committee from
the General Assembly, to consider on the Request of Major Tyler, for
New Instructions to be given to the Committee formerly appointed for
the sale of certain Lands in Londonderry, and report thereon. Member
chosen Mr. Allen.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on the Petition^signed Daniel Sto-
rey; and one other Petition signed Thomas White and David Caswell,
and report. Member chosen Mr. Fay.
An Act regulating County Conventions of Authority having passed
the General Assembly, was received and read; and on the Question to
concur therein, it passed in the Affirmative.
An Act in Alteration of an Act regulating Proprietors' Meetings,
having passed the General Assembly, was received and read; and the
Question being put whether the same be concurred, it passed in the
Affirmative.
An Act against High Treason having passed the General Assembly,
was received and read; and on the Question to concur therein, it passed
in the Affirmative.
An Act empowering Auditors, &c. being received and read, the Coun-
cil are of Opinion that such an Act is unnecessary and unconstitutional.
Adjourned to Tomorrow Morning, 9 o'Clock.
Wednesday, March 3rd- 1784.
Met according to Adjournment.
An Act for the Limitation of Actions having been received and read,
the Council recommend to the General Assembly that the same be
printed and promulged, for the Perusal, and Consideration of the Peo-
ple until the next Session of the General Assembly.
An Act u to enable Persons who have entered on Lands," &c. being
received and read, the Council recommend to the General Assembly
that the same be printed for the Perusal of the People until the next
Session of the General Assembly.
Samuel Knight Esqr- waited on the Governor and Council, by direc-
tion of the General Assembly, with the Act enabling Auditors to possess
Governor and Council — March 1784. 43
themselves of Papers, &c. and made a verbal request in Behalf of the
Assembly, to be informed of the Seasons of Council for their Opinion
that the said Act is unnecessary and unconstitutional; whereupon His
Excellency the Governor stated the Reasons, & Mr. Knight returned.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, to take under further Consideration
the proposed Act for empowering Auditors, and report. Members cho-
sen Mr. Brownson and Mr. Fasset.
An Act directing the Lists to be taken in the Towns of Brattleboro'
and Guilford having passed the General Assembly, was received and
read; and on the Question to agree therein, it passed in the Affirmative.
A Petition signed Elijah Dewey and Lyman Hitchcock was received
and read; whereupon the Council recommend that the consideration of
the same be not now taken up, by Reason that the Proprietors of the
Township of Lyndon, who are interested against the Petition, have not
been cited to appear to shew Cause why the Prayer thereof should not
be granted.
An Act admitting the Scales of Depreciation of Old Continental Cur-
rency of other States, in certain Cases, having passed the General As-
sembly, was received and read; and on the Question to concur therein,
it passed in the Affirmative.
An Act enabling Communities to sue for, and defend their Rights,
Estates and Properties having passed the General Assembly, was re-
ceived and read; and on the Question to concur therein, it passed in the
Affirmative.
Resolved, that John Strong and Stephen Lawrence Esqrs- be, and they
are hereby appointed Justices of the Peace within and for the County of
Rutland, for the Time being. Ordered, that the Clerk of the County
Court of said County enter the Barnes of the said John Strong and Ste-
phen Lawrence in the Commission of the Justices of said County, ac-
cordingly.1*
Resolved, that Roger Williams of Danby be, and he is hereby ap-
pointed a Justice of the Peace within and for the County of Rutland,
for the time being. Ordered, that the Clerk of said County enter the
Name of the said Roger Williams in the Commission of the Justices of
said County, accordingly.
Adjourned to Tomorrow Morning, 9 o'Clock.
Thursday, March 4th- 1784.
Met according to Adjournment.
An Act authenticating a Deed to Moses Robinson Esqr- having passed
the House, was received, read and concurred.
Resolved, that Oliver Smith of Stamford be, and he is hereby ap-
pointed a Justice of the Peace within and for the County of Benning-
ton, for the time being. Ordered, that the Clerk of said County enter
the Name of the said Oliver Smith in the Commission of the Justices
of said County, accordingly.
An Act empowering Col0- Ira Allen, Administrator on the Estate of
Cap4- [Remember] Baker deceased, to sell a part of the real Estate of
said Deceased, having passed the General Assembly, was received, read
and concurred.
1 March 1 1784, an act was passed authorizing the Governor and Coun-
cil to appoint justices of the peace in new towns. The constitution
empowered them to fill vacancies.
44 Governor and Council — March 1784.
An Act for adjusting the Cost of raising 300 Men, having passed the
General Assembly, was received, read and concurred.
The Act " to enable Persons who have entered on Lands," &c. being
again received from the General Assembly, with some Amendments,
Resolved, that the Council still recommend the same to be printed for
the Perusal of the People 'till the next Session of ^ie General Assem-
bly.1
Resolved, that the Governor be requested to draw an Order on the
Treasurer, in favour of Doctr- William Gould, for the Sum of Twelve
Pounds Lawful Money to be paid out of the 3d- Tax granted in October
last.
Resolved, that the Treasurer allow full Interest on a certain Due-Bill
given by him in favour of the Heirs of Stephen Fay deceased, for the
Sum of £150 6 4, Lawful Money, dated June 29th- 1781, payable on
Sight, — to be settled in the same Manner as the Interest on other State
Securities are settled and paid.
An Act empowering to the Sale of the Real Estate of William Pin-
noch late of Strafford deceased, having passed the General Assembly,
was received, read and concurred.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, to give Instructions to the Treas-
urer respecting suing up Receipts in his Office. Member chosen His
Honor the Lieutenant Governor.
Resolved, that a Committee be appointed to join a Committee ap-
pointed by the General Assembly, on the Petition of Jonathan Robin-
1 From the Assembly Journal, March 4 1784:
The aforesaid recommendation was read and resolved that this House
do not comply with the said recommendation of Council.
On the same day the Governor and Council asked for a committee of
the whole to consider this bill, which was granted by the Assembly, with
the following result:
March 5. — Agreeable to order his Excellency the Governor and Coun-
cil and Assembly joined in a Committee of the whole to take under con-
sideration the bill entitled " an act to enable persons who have entered
into and made improvement on lands under colour of Title," &c. [the
betterment act subsequently,] after some time spent therein the Com-
mittee of the whole dissolved — and the Speaker resumed the chair; and
the Secretary [of State] brought forward and read the following resolu-
tion of the Committee of the whole viz. —
" Resolved that this Committee do recommend to the Legislature to
postpone the passing the bill, entitled ' an act to enable persons who
have entered into and made improvements on lands under colour of
title, who shall be driven out of the possession by a legal trial at law, to
recover the value of what the estate is made better by such improve-
ments from the rightful owners of the land,' into a law until the next
Session of Assembly and that the Same be published in the interium
[interim] for the perusal of the people."
Whereupon Resolved that said bill be published for the perusal of the
people until the next Session of Assembly before it be passed into a law
of this State — And that the Secretary be directed to publish the Same
in both the public newspapers printed in this State.
March 6, an act was passed to suspend trials of land titles until the
rising of the Assembly in October. — See Appendix E.
Governor and Council — March 1784. 45
son and Gideon Spencer, and report thereon. Members chosen Mr
Allen and Mr. Safford.
Kesolved, that a Committee be appointed to join a Committee from
the Assembly, to consider on the Proposal for establishing Post-Offices
in this State, made this Day by Messrs. Haswell and Russell, and re-
port. Member chosen His Honor the Lieutenant Governor.1
Resolved, that the General Assembly be requested to join the Coun-
cil in a Committee of the whole Tomorrow Morning 9 o'Clock, to con-
sider the proposed Act relating to Ancient Settlers.
Adjourned to meet Tomorrow Morning 9 o'Clock.
Friday, March 5th- 1784.
Met according to Adjournment.
The Council proceeded to the General Assembly to join in a Commit-
tee of the whole — on the subject of the proposed Act, relating to Ancient
Settlers.
Council having returned from the Committee of the whole on the pro-
posed Act, Ordered, that it be entered in the Journals of Council, that
the Grand Committee, after Debate on the Subject, recommended to the
Legislature to postpone the passing of the said Act into a Law, and to
order the same to be printed for the Perusal of the People.
Resolved, that His Honor the Lieutenant Governor be dismissed from
his Attendance on the Committee to give Instructions to the Treasurer
respecting suing up the Receipts in his Office, appointed yesterday, and
that Mr. Porter be appointed in his Room.
Resolved that His Excellency the Governor be requested to draw Or-
ders on the Treasurer in favour of the Judges, and Clerk of the Supreme
Court, for their future Services, the present Year, to be paid out of the
Hard Money Taxes that are already, or may hereafter be laid.
Resolved, that Ebenezer Rice of the County of Orange be, and he is
hereby appointed a Justice of the Peace within and for said County, for
the time being. Ordered, that the Clerk of said County enter the Name
of the said Ebenezer Rice in the Commission of the Justices of said
County, accordingly.
An Act in alteration of an Act for regulating of Civil Actions, having
passed the General Assembly, was received, read and concurred.
An Act to prevent Injustice in the several Collectors within this State,
having passed the General Assembly, was received, read and concurred.
An Act establishing Post-Offices in this State, having passed the Gen-
eral Assembly, was received, read and concurred.
Resolved, that Mr. Anthony Haswell be, and he is hereby appointed
Post-Master General within and for the State of Vermont.
An Act empowering the several Towns therein mentioned to levy a
Tax on the Lands, for repairing Roads, Bridges, &c. was received and
read; whereupon the Council proposed to the General Assembly to sus-
pend the passing of the same until the next Session of the General As-
sembly.
Adjourned to Tomorrow Morning 9 o'Clock.
Saturday, March 6th- 1784.
Met according to Adjournment.
Resolved, that the Treasurer pay the Debenture of Council, for the
present Session, out of the Hard Money Tax.
1 Messrs. Weld, Butterfield, and Murdock were joined from the As-
sembly.— See Appendix D.
46 Governor and Council — March 1784.
An Act to enable the Governor and Council to Pardon certain Per-
sons therein described, having passed the General Assembly, was re-
ceived, read and concurred.
An Act setting aside a certain Order relating to a Trial between "Will-
iam Parker and the Selectmen of Shaftsbury, having passed the House,
was received, read and concurred.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, to take into consideration a certain
Order given by the Governor to Joseph Farnsworth Esq1-- Commissary
General, and report. Member chosen Mr. Fletcher.
An Act directing the Sale of a certain Tract of Land within this State,
formerly said to belong to David Remington, having passed the General
Assembly, was received, read and concurred.
Resolved that the Surveyor General settle the Accounts of the several
Surveyors under his Direction, for their Services in running Town-
Lines, and draw Orders therefor, or, for the Payment thereof, on the
Hard Money Tax.
Resolved, that the Treasurer give an Order in favour of Nathaniel
Chipman Esqr- for the Sum of Three Pounds, on the Hard Money Tax.
Adjourned to Monday next, 9 o'Clock in the Morning.
Monday, March 8th- 1784.
Met according to Adjournment.
An Act against destroying "White Pine Timber, &c. having passed the
General Assembly, was received, read and concurred.
Resolved, that the Treasurer give an Order on the Hard Money Tax
in favour of Micah Townsend Esqr- for his Services 6 Days in revising
Laws.
Resolved that a Committee be appointed to join a Committee ap-
pointed from the Assembly, to consider of the Propriety of laying a Tax
or Taxes, and report. Member chosen Mr. Robinson.
A Report of a Committee, " that the Prayer of the Petition of the
Town of "Wells be granted," was read.
Resolved, that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, upon the Letter of Lieutenant Eli-
jah Knight, commanding the Troops at Guilford, and report thereon.
Member chosen Mr. Allen.1
The following Bill was received from the General Assembly, viz*;
In General Assembly, March 8th- 1784.
Resolved, that the Treasurer be, and he is hereby directed, immedi-
ately upon the rising of the Legislature, to put in suit all Receipts re-
maining in his Office (except Commissaries Receipts.)
Extract from the Journals.
Roswell Hopkins, Clerk.
An Act repealing an Act enabling Assignees of JSTegociable Notes to
maintain Actions thereon, &c. having passed the General Assembly, was
received, read and concurred.
An Act reversing several Judgments therein mentioned in favour of
Richard Prouty and others, having passed the General Assembly, was
received, read, and concurred.
The Council joined the General Assembly in a Committee of the
whole, to take under consideration an Act directing the Sheriff of the
County of Rutland to postpone the Sale of Lands at Vendue for the
Payment of Taxes, until the first Day of April next. Also an Act re-
1 See Appendix C.
Governor and Council — March 1784. 47
lating to opening a commercial Intercourse with Europe; And an Act
directing the Secretary of State in his Office and Duty.
The several Subjects having been deliberated, and Determinations
made thereon in Grand Committee, the Council returned to their Room.
An Act directing the Sheriff of Rutland County to postpone the Sale
of Lands at Vendue for Taxes, having passed the General Assembly,
was received, read, and concurred.
Adjourned to Tomorrow Morning, 9 o'Clock.
Tuesday, March 9th- 1784.
Met according to Adjournment.
An Act determining the Bounds of Rutland County, having passed
the General Assembly, was recd-, read, and proposed to be laid over, for
further consideration, to the next Session of the General Assembly.
An Act describing the Bounds of the County of Rutland, and estab-
lishing the Town of Rutland a Shire Town, having passed the General
Assembly, was received, read, and concurred.
An Act in addition to two several Acts therein mentioned, having
passed the General Assembly, was received, read, and approved, (con-
curred.)
An Act concerning Sureties and Scire Facias, having passed the Gen-
eral Assembly, was received, read, and concurred.
An Act for regulating Marriages, &c. having passed the General As-
sembly, was received and read, and the following Amendment proposed,
viz*; That the Ministers of the Gospel be allowed to marry within the
respective Counties, in which they are ordained.
Resolved, that the Treasurer be directed to pay Jonas Galusha Esqr-
Sheriff, One Pound Sixteen Shillings Lawfull Money out of the Two
Penny Tax granted in October 1782.
Resolved, that Mr. Brownson wait on the General Assembly, and re-
quest them to join in a Committee of the whole.
The Council proceeded to the General Assembly to join in Grand
Committee for the consideration of the Act pointing out the Duty of
Auditors, proposed to be passed— and an Act proposed for levying a Tax.
The Business, in Grand Committee, proposed, having been attended
to, the Council returned to their Room.
An Act directing the Secretary of State to deliver to the Governor and
Council the Resolutions of the General Assembly, was received and
read; and on the Question to concur therein, it passed in the Affirmative.
An Act directing the Treasurer to issue his Extents against the Sher-
iffs of the several Counties, having passed the General Assembly, was
received and read; and on the question to concur therein, it passed in
the Affirmative.
Adjourned to Tomorrow Morning, 9 o'Clock.
Wednesday, March 10th- 1784.
Met according to Adjournment.
Resolved, that the Treasurer pay unto Lieu4- Nathaniel Lawrence Two
Pounds Twelve Shillings and Seven Pence Lawful Money, out of the
Hard Money Tax.
Resolved, that the Treasurer pay Joseph Fay Esqr- One Pound Eight
Shillings Lawful Money, out of the Hard Money Tax.
Resolved, that the Treasurer pay David Fay Six pounds Five Shil-
lings Lawful Money, out of the Hard Money Tax.
48 G-overnor and Council — April 1784.
Resolved, that the Secretary of Council keep in his Office the State's
Seal— all the Records and Copies of Charters of Lands granted previous
to October 1781— with all the Records and Papers of Council, — That he
keep Copies of all Charters that have been given and not recorded, and
of those that may be given for Lands granted previous to October afore-
said, but that, on Account of the Disputes respecting Bounds of Town-
ships which may occasion the Alteration of some Charters already given,
he be directed not to record any more Charters, 'till the further Order
of Council.
Resolved, that His Excellency the Governor be, and he is hereby re-
quested to take such Measures as he shall judge best, for opening Trade
with the Province of Quebec.1
Resolved, that the Treasurer pay unto Captain Joseph Satford the
Sum of Five Pounds Fifteen Shillings and Eight pence Lawful Money,
out of the Hard Money Tax-
Adjourned without .Day.
Attest, Thos Toeman, Depv- Secv-
End of February Session, March 10th- 1784.
RECORD OF THE GOVERNOR AND COUNCIL
AT A
SPECIAL SESSION AT SHAFTSBURY, APRIL 12, 1784.
In Council at Shaftsbury, April 12th- 1784.
A Petition signed by the Authority, Selectmen and other Inhabitants
of the Town of Haitland, and others, Inhabitants of the County of
Windsor, was read, praying for the Suspension of the Punishment of
Abraham Taylor; whereupon
Resolved, that the Sheriff of the County of Windsor be, and he is
hereby directed to suspend putting into Execution the Sentence of the
Superior Court in February 1784 in the said County of Windsor, against
Abraham Taylor of said County, until the Rising of the General Assem-
bly in October next; on Condition the said Abraham Taylor give Secu-
rity to the Satisfaction of the Selectmen of the Town of Hartland, that
himself nor Family shall in future become in anywise chargeable to the
said Town.
Resolved, that His Excellency the Governor be requested to address
His Excellency the President of Congress, on the Subject of the Pro-
ceedings of the Senate and Assembly of the State of New York, of late,
with respect to a Decision of the Controversy relative to the Jurisdic-
tion of this State.2
Resolved, that His Excellency the Governor be requested to call on
Colonel Ebenezer Allen, to take Possession of a Place called Dutch-
man's Point, as soon as the same shall be evacuated by the British
1 See Appendix D. 2 See Appendix C.
Governor and Council — April 1784. 49
Troops. And also that the Governor write to General Haldimand on
the Subject.1
Upon a Nomination and Request of the Town of Sunderland, that
Mr. Jacob Sherwin of said Sunderland be appointed a Justice of the
Peace, signed Abner Hill Town-Clerk,
Resolved, that Mr. Jacob Sherwin of said Sunderland be, and he is
hereby appointed a Justice of the Peace, within and for the County of
Bennington, and the Clerk of the County Court for said County is di-
rected to enter the Name of the said Jacob Sherwin in the Commission
of the Justices of said County, accordingly.
The Petition of William Shattuck, now a Prisoner in the Goal at Ben-
nington, acquiescing in the Justice of his Sentence of Banishment by
the Honble the Supreme Court of this State held at Westminster in Sep-
tember 1782, and praying for Pardon, being received and read,
Resolved, that the said William Shattuck be, and he is hereby par-
doned, released, and indemnified from the said Sentence of Court, so far
as it relates to his Banishment and Confiscation of Estate; And that the
Sheriff of the County of Bennington be, and he is hereby directed to
release the said William Shattuck from his Confinement, on Condition
that he pay unto the said Sheriff Twenty-Five pounds Lawful Money,
Costs of "Prosecution, or give sufficient Security to the Treasurer of said
State, payable within one Year from this Date; And pay and satisfy
unto Mr. Nathan Fay, Keeper of said Goal, for the Expense of keeping
said Prisoner, his just Demands; And further, that he the said William
Shattuck enter into Bonds of One Hundred Pounds Lawful Money, with
sufficient Sureties, to the Treasurer of this State, that he do not enter,
or presume to go into the County of Windham, without Liberty therefor
first had and obtained from this Council.2
Adjourned without Day.
Attest, Tho. Tolman, Bepv- Secy-
The End of April Session, 1784.
1 See Appendix D. 2 See Appendix C.
THE EIGHTH COUNCIL.
OCTOBER 1784 TO OCTOBER 1785.
Thomas Chittenden, Williston, Governor.
Paul Spooner, Hartland, Lieutenant Governor.
Councillors :
Timothy Brownson, Sunderland,
Moses Kobinson, Bennington,
Jonas Fay, Bennington,
Peter Olcott, Norwich,
Ira Allen, Colchester,
Benjamin Emmons, Woodstock,
John Fassett, jr., Arlington,
Samuel Fletcher, Townshend,
John Throop, Pomfret,
Thomas Porter, Tinmouth,
Thomas Murdock, Norwich,
Samuel Safford, Bennington.
Thomas Tolman, Arlington, Secretary.
Joseph Fay, Bennington, > a . .
_ _, ' __ ? ' Y /Secretaries pro tempore.
Daniel Buck, Norwich, >
BIOGRAPHICAL NOTICE.
Thomas Tolman was son of Thomas Tolman of Attleborough, Mass.
The father was born Dec. 29 1727, removed to Greensborough, Vt., Oct.
1 1817, and died there July 4 1821, in his 94th year. The son, our Sec-
retary, was born Sept. 5 1756; married Lois Clark at Attleborough,
Mass., Aug. 17 1780; removed from Attleborough May 15, and reached
Arlington, Vt., in June 1781; removed from Arlington to Cornwall in
Feb. 1788, and from Cornwall to Greensborough in Sept. 1795, where he
died Sept. 8 1842, aged 86 years. The above dates were furnished by
the Secretary's grand-son, Hon. Henry S. Tolman of Greensborough,
present Senator [1874-6] for Orleans county. It is obvious, however,
that the above date of removal to Arlington must refer to the removal
of the family for settlement, for as early as Dec. 1780 Mr. Tolman was
employed as secretary by Gov. Chittenden. — See Vol. ii, p. 61. He was
often deputy secretary of the Governor and Council, and secretary for
Q-overnor and Council — October 1784. 51
1784-5; secretary pro tern, of the Board of War in 1781; representative
for Arlington in 1784,1 and for Cornwall in 1790. He also served on the
Committee of Pay-Table, and as Pay-Master, and Engrossing Clerk. It
will be observed that at the October session 1784, he was one of the com-
mittee appointed to draft a reply to the Governor's speech, the asso-
ciates being Stephen R. Bradley and Isaac Tichenor. He was also
appointed, with Ira Allen, by the Governor and Council, in Jan. 1783, to
draft the remonstrance to Congress against the belligerent resolutions
of Dec 5 1782. These facts indicate the high estimation in which he was
held as a writer. To Ethan and Ira Allen, and Thomas Tolman, we are
indebted for the vigorous letters of Gov. Chittenden; who, though vig-
orous in thought, and sound and quick in judgment, was not expert
either in speech or with the pen. Mr. Tolman was pastor of the congre-
gational church in Cornwall from Sept. 26 1787 until Nov. 11 1790.
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
SESSION OF THE GENERAL ASSEMBLY AT RUTLAND,
October, 1784.
The Governor and Council met on the 14th, and the usual business at
the opening of a new General Assembly was attended to, but Secretary
Fay of the Council did not attend, and no record appears for October 14.
The following are extracts from the Assembly Journal of Oct. 14 and 15:
Oct. 14. — The following resolution of Council was handed by the
Sheriff attending, on Council, viz. —
" In Council, Rutland Octr- 14th 1784.
Resolved that a Committee of six to join a Committee from the House
be appointed to receive, sort and count the votes of the Freemen for
Governor, Deputy Governor, Treasurer and twelve Assistants for the
year ensuing and order declaration to be made public of the persons
chosen.
(Signed) Jonas Fay, Secy- pro Temp."
The aforesaid resolution being read, whereupon Resolved that Mr-
Tichenor, Mr- Tolman, Mr Lyon, Mr S. R. Bradley, Mr Knight, Mr-
Brown, Mr- Burton, Mr- J. Bayley, Mr Baldwin, Mr- Enos and Mr- Strong
be a Committee to join the aforesaid Committee for the purpose aforesaid
and that they make report of the persons elected to this House.
Adjourned until 6 °Clock this evening.
1 Mr. Tolman served in the House, the duties of Secretary of the Coun-
cil having been performed for the session by Secretaries pro tempore.
52 Governor and Council — October 1784.
6 °Glock P. M. — The Committee appointed to receive, sort and count
the votes of the Freemen for Governor, Deputy Governor, Treasurer
and twelve assistants brought in the following report viz. —
" That by the Suffrages of the Freemen they find that his Excellency
Thomas Chittenden Esqr- was elected Governor — his Honor Paul Spooner
Esqr- elected Deputy Governor — No choice of Treasurer — the honorable
Moses Eobinson, Jonas Fay, John Fasset [jr.,] Timothy Brownson,
John Throop, Benjamin Emmons, Peter Olcott, Samuel Fletcher, Ira
Allen, Samuel Safford, Thomas Porter and Thomas Moredock Esquires
were elected Counsellors. (Signed) Moses Robinson for Comie"
The aforesaid report was read and the declaration made by the Sheriff,
of the persons Elected as aforesaid.
Friday October 15th- 1784. — His Excellency the Governor, Council and
House of Representatives by joint ballot made choice of Ira Allen Esqr-
Treasurer.
His Excellency the Governor made a speech1 to the Council and
1 Note on the Assembly Journal. — " This speech was delivered to a
committee to prepare an answer, who never made a report nor returned
the speech."
The committee appointed to prepare an address, in answer to the Gov-
ernor's speech, consisted of Stephen R. Bradley, Thomas Tolman, and
Isaac Tichenor.
Of this speech, the Vermont Journal of Oct. 27 said:
Friday morning his Excellency the Governor, the hon. Council, and
hon. House of Representatives being convened, his Excellency deliv-
ered a congratulatory speech on the ratification of the articles of Peace.
The ceremonies attending the inauguration of the government on this
occasion were unusually imposing. The following is from the Vermont
Journal of October 27:
On the 14th instant, (being the second Thursday of October,) the an-
nual General Election of this State was held at Rutland. In the morn-
ing, a company of troops, compleatly equipped, and dressed uniformly
in scarlet, from Col. Clark's regiment, of Rutland, proceeded to Walling-
ford, where they met his Excellency and a part of the honorable Coun-
cil, whom they escorted to Rutland. The attention of the officers, and
the alertness and activity of the privates, was parallel to that of veteran
troops— orders were given with judgment, and executed with precision.
About 11 o'clock they proceeded to the meeting-house, where a sermon
was preached, by the Rev. Mr. [Job] Swift, of Manchester, very suitable
to the occasion. In the afternoon, Col. Clark's regiment of foot, the
horse, and a company of artillery, were paraded, when the whole were
reviewed by his Excellency; after which thirteen cannon were fired for
the United States, and a fourteenth for Vermont, succeeded by an equal
number of vollies from the foot and horse. The militia then paraded at
proper distances from each other, the troop rode through, & the usual
firings were performed — at the same time regular discharges were given
by the artillery, which added a grace and dignity to the manoeuvres.
Indeed the whole exercises of the day were such as did honor to the
performers.
Military accompaniments of this sort were continued down to about
the time the Senate was constituted, in 1836.
Governor and Council — October 1784. 53
House; after which he laid the following papers before the" House, in
their order, viz:
A copy of a letter signed by his Excellency, dated Bennington, March
10, 1784, directed to his Excellency John Hancock, Esq.
An attested copy of a petition, signed by Abigail Spicer, Jabez Spicer,
Asher Spicer, Roger Spicer, and Jonathan Spicer, to the hon. Senate
and House of Representatives of the Commonwealth of Massachusetts,
assembled at General Court at Boston, dated March, 1784 — [on the death
of Daniel Spicer]. Likewise a copy of the proceedings of the General
Court of Massachusetts, of the 25th of March, 1784. Also a letter signed
by his Excellency John Hancock, Esq., dated March 30, 1784, directed
to his Excellency the Governor, with a proclamation of his Excellency
John Hancock, Esq., Governor of the Commonwealth of Massachusetts,
dated the 26th of March, 1784, were read.
Also a copy of a letter signed by his Excellency the Governor, di-
rected to his Excellency Frederick Haldimand, Governor of Canada, &c,
dated April 15, 1784. Also, a copy of one other letter from his Excel-
lency, directed as aforesaid, dated July 12, 1784.
And a copy of one other letter signed by his Excellency, directed to
his Excellency the President of Congress, were read.1
Minutes of Council, Rutland, 15th October, 1784.
Met according to Adjournment.
Present, His Excellency Thomas Chittenden Esqr-
His Honor Paul Spooner Esqr-
Honble Moses Robinson
Samuel Fletcher
Ira Allen
Peter Olcott &
Thomas Porter Esqr
Timothy Brownson
Jonas Fay
John Fassett Jur-
Benjamin Emons
The above officers being Elected and duly Sworn,
The Council Adjourned to 8 °'Ciock afternoon.
Met according to Adjournment.
A Letter from Joseph Fay Esqr- Secretary of Council, dated the 6th-
Instant, requesting Leave to Retire from that office, and Recommending
Thomas Tolman Esqr- as a suitable person to succeed him in that office
was read, Whereupon Resolved, that the Request of Joseph Fay to Re-
sign the said office of Secretary be and is hereby accepted — That Jonas
Fay Esqr- be and he is hereby directed officially, to present Joseph Fay
Esqr- with the Thanks of His Excellency the Govr- His Honr- the Deputy
Governor and the Honble The Council of this State for the Rediness in
which he has served them in the said office; And.that Thomas Tolman
Esqr- be and he is hereby appointed Secretary of Council for the year
Ensuing.
Resolved that the H6nble Jonas Fay Esqr- be and he is hereby Ap-
pointed Secretary Pro Tern.2
1 See Appendix C.
2 The Vermont Gazette of Oct. 18 contained the following, which was
communicated by the retiring Secretary, Joseph Fay:
To the Printers of the Vermont Gazette.
GENTLEMEN,
By inserting the following extract of an official letter received last evening,
you will not only gratify the public by giving early knowledge of the choice
54 Governor and Council — October 1784.
The following Message was Kecd from the Assembly, viz.—
State of Vermont, In General Assembly, October 15th- 1784.
On Motion made to choose a Committee of Pay Table the Ballots be-
ing Taken, the Honble Timothy Brownson Esqr- Captain Samuel Bartlet,
and Thomas Tolman Esqr- were Elected.
Attest, RosL Hopkins, Clk.
A Bill from the House appointing Mr- Tichenor, Mr- Mattucks, Mr-
Underwood, Mr- Brown, and Mr- Bayley a Committee to join a Commit-
qf their rulers for the year ensuing, but sting the ears of our enemies with
the unwelcome news of the uniformity of the people by continuing in office
those Gentlemen, who have been the guardians and faithful servants of
the public, during a bloody war with Great Britain, and contest with sev-
eral of the neighbouring States, for eight years past. Such a steady
firmness does honour to the people, and by a continuance, with the due
observance of good and wholesome laws, cannot fail to render this little
republic happy, important and the dread of her enemies.
[Jonas Fay to Joseph Fay.~]
" Rutland, October 16, 1784.
" SIR— THURSDAY evening last about seven o'clock his Excel-
lency Thomas Chittenden, his honor Paul Spooner, and all the old mem-
bers (except the one absent by death* in whose room Thomas Mur-
dock, Esq;) were declared to be the persons elected each in their former
offices, — and yesterday Ira Allen Esq; was elected (by joint ballot from
both Houses) as Treasurer of the State. — Every thing relative to the
election was conducted with the greatest parade, by discharging of can-
non, small arms by about 100 Militia [and] a number of Light Horse.
" I am directed to acquaint you that upon your declaration that you
would not wish on any principle to contuence [continue] your office of
Secretary of Council, it is considered as your resignation of the office,
and accepted and recorded as such, and Thomas Tolman Esq; appointed
to succeed you in the office. — I am further directed to return the hearty
thanks of his Excellency the Governor, his honor the deputy governor
& the Hon. Council, for your past services in the office, & that they will
be ready to receive any future services you may please to offer.
" Jonas Fay, Sec. Pro Tem.v
" Joseph Fay, Esquire.'1
From the Vermont Gazette of July 19 1784:
We hear from Rutland, that the Hon. Joseph Bowker, Esq; of that
town, died the 11th instant. He was a member of the Honorable Coun-
cil of this State, acted in several other public and important capacities,
and did honor to them, having frequently since the first settlement of
this country, had the honor to preside over committees and conventions
of this people, before the formation of a regular government. And even
at the very important crisis of forming the Constitution, on which day
the unhappy event of the evacuating of Ticonderoga took place, and the
enemy committing the most horrid ravages on our innocent inhabitants,
he was observed to act with the greatest coolness and deliberation until
the frame of government was completed.
We need only say, in justice to his character, that he was a truly
pious, faithful, diligent, upright man, and discharged every trust both
public and private with honor and integrity. The community at large,
as well as his family and friends, have reason to lament the loss of so
eminent a character.
* The hon. Joseph Bowker.
Governor and Council — October 1784. 55
tee of Council to arange the most Necessary business to be Transacted
at the present Session and make Report to the House, in consequence of
which Mr Robinson, Mr- Porter & Mr Olcot were Appointed a Commit-
tee from the Council to join the Above Committee for the above pur-
pose.
Adjourned to 8 °'Clock Tomorrow.
Saturday, October 16th- 1784.
Met according to Adjournment.
Thomas Tolman Esqr- subscribed the Necessary Oaths to qualify him
to the office of Secretary of Council for the year ensuing.
A Bill from the House, viz.
State of Vermont. In General Assembly, )
October 16th- 1784. J
Resolved, that the Township Granted to Col0- William Barton and
Company by the General Assembly of this State in October 23d 1781, by
the name of Providence be and is Hereby altered at the Request of the
Proprietors to the name of Barton, and the Governor & Council are Re-
quested to Take Notice hereof, & call the name of said Township by the
name of Barton, when they make out the Charter of said Township.
Extract from the Journals. RosL- Hopkins, ClJc.
A Bill from the House viz*-
State of Vermont. In Genl- Assembly, Octr- 16, 1784.
Resolved, that a Committee of five be appointed to join a Committee
from the Council to Take under consideration the 2d article in the
Arange*- viz*- That an Act be passed putting the Militia of the State un-
der proper Regulation, & that they prepare a Bill and make Report—
The members chosen, Mr- Tichenor, Mr- Clark, Mr- Bradley, Mr- Gates,
and Mr- Bayley. In consequence Mr- Fletcher and Mr- Olcott are ap-
pointed from the Council to join the said Committee.
In consequence of a Bill from the House appointing Mr- Wells, Mr-
Leavens and Mr- Lee a Committee to join a Committee of Council to
Take [into] consideration the Petition of Caleb Handee [probabty Hen-
dee,] to state facts and make Report, Mr- Robinson and Mr- Olcott are
appointed to join said Committee for the Above purpose.
On Motion* made by Colonel William Barton in behalf of himself &
the Company to whom a grant of a Township of Land was made by the
General Assembly of this State at their Session the 23d day of October
1781, for a Charter of Incorporation of the said Tract of Land;
Resolved, that it appears to this Council by authentic papers submit-
ted, that the said William Barton has fully paid the Granting fee of said
Township, and is fully entitled to a Charter of Incorporation agreeable
to the Original intent & meaning of the Legislature, as soon as the sev-
eral other Town Lines can be ascertained in which business the Sur-
veyor General is constantly employed.
The Honble John Fassett Jur- Esqr- Delivered to this Council a Num-
ber of papers & writings the former property of Jeremiah French,
William Marsh & Benjamin Holt & sundry other persons, who have
been Reputed Enemical persons to this & the United States of Amer-
ica, (including sundry Receipts; & Jerimiah Frenches Deed from
Ephraim Cowen in Bundle Marked N° 1) which he Recd- at sundry times
now Dilivers in consequence of his former appointment of Commis-
sioner of sequestration & sales of confiscated Estates within this State
& Requested to be discharged therefrom ; And the said John Fasset in
Council made Solemn Oath that the above mentioned papers are (and
56 Governor and Council — October 1784.
account for) bona fida the whole of the papers he Recd- in his said Ca-
pacity of Commissioner of Sequestration & Sale of Confiscated Estates,
according to the best of his knowledge and Rememberance, and is dis-
charged therefrom accordingly.
A Bill from the House appointing Mr- Whipple, Mr- Mattucks, Mr-
Bradley, Mr Bayley and Mr Brown, a Committee to join a Committee
from the Council, to Take proper Measures for the appointment of a
Council of Censors, and make Report, Mr Porter, and M> Emmons
are appointed to join said Committee.
Jonas Fay, Secy- P. T.
Adjourned to 9 °'Clock Monday morning next.
Monday, 18th- October 1784.
Council met according to Adjournment.
An Act to Enable Benjamin Fassett and Mindwel Hopkins, Adminis-
trators on the Estate of Major Wait Hopkins deceased to sell a part of
the Real Estate of said Deceased to the amount of £415 13 9, Read and
approved.
Resolved, that a Committee of Two join a Committee of Assembly to
Receive from the Committee of Revision such acts as they have Re-
vised, and Examine (and if they find Necessary to Correct) the same
and Report them with their opinion to this House; Members chosen Mr-
Robinson and Mr Fassett.
A Bill from the House, viz.
State of Vermont. In General Assembly, October 18th- 1784.
Resolved, that the first Thursday of December next, be and is hereby
appointed to be observed as a day of Public Thanksgiving through this
State; and His Excellency the Governor is hereby Requested to Issue
his Proclamation for that purpose.
Extract from the journals. Roswell Hopkins, Clk.
Adjourned to 8 ° Clock Tomorrow Morning.1
Tuesday, 19th October 1784.
Council met according to Adjournment.
Mr Fletcher is appointed to join a Committee from the House on Mr-
Townsend's petition.2
The Honble John Throop Esqr- appeared and was qualified to his office
of Councillor, and Took his Seat accordingly.
Mr- Robinson desired Leave of Absence from this Council which was
according Granted.
Adjourned to 8 ° Clock Tomorrow Morning.
Wednesday, 20 October 1784.
Met according to Adjournment.
A Certificate "under the signature of Thomas W. White, Town Clerk
of the Township of Barnard, dated October 27th 1784, Representing that
at a Legal meeting of the Inhabitants of said Town holden on the 7th
day of September last, that the Inhabitants of said Town did nominate
Benjamin Cox to be appointed a Justice of the Peace — And the said
Benjamin Cox is accordingly appointed a Justice of the peace within
and for the County of Windsor.
1 The Governor and Council met the House in committee of the whole
this day on the betterment act, without agreeing to a report.
2 See Appendix C.
G-overnor and Council — October 1784. 57
A Letter signed Nathaniel Brown dated Norwich 11th October 1784,
Requesting Leave to Resign his office of Justice of the Peace in the
County of Windsor was Read, And Resolved, that the said Resignation
be and it is hereby accepted, & the Secretary is hereby directed to sig-
nify the thanks of the Govr- and Council [for his services] in the office
of Justice of Peace in & for said County.
An Act to Establish the doings of a Certain Town Meeting held in
the Town of Neshobe, & to alter the name of the said [town] of Neshobe
(to Brandon) was read & concurred.1
An Act to Enable Jane Sternes, Administrator on the Estate of Asa
White late of Rockingham in the district of Westminster Deceased, to
sel part of the Real Estate of said deceased to the Am1 of £143 18 5 was
read and concurred.
Adjourned to 8 ° Clock Tomorrow Morning.2
Thursday, 21st October 1784.
Met according to Adjournment.
An Act constituting one Company of Cavalry within the Limits of
the 5th Regiment of Militia within this State was Read and approved
with the following amendment viz. that in stead of the words " Com-
manding officer of the Brigade to which he belongs " be inserted " The
Capt, General or such other officer as shall have Right by Law to call a
Court Martial for the Trial of such officer."
The Gov1-- and Council joined the Assembly in a Committee of the
whole to Elect Judges of the Superiour Court for the year Ensuing;
And the Ballots being taken, His honour Lieu*- Gov1"- Paul Spooner was
Elected chief Judge, & the HonbL John Fassett Jur- Thomas Porter, Na-
thaniel Niles & Peter Olcott Esquires, side Judges.
Mr. Fassett having desired Leave of Absence for the Remainder of
this Session, the same was Granted.
His Honor Governor Spooner appeared in Council and was qualified
by Oath as chief judge, and the Honb]- John Fassett Jur- & Thomas Por-
ter Esqrs- as side Judges of the Superiour Court of this State for the year
ensuing.
A Bill from the House appointing Mr- Mattucks, Mr- Brown & Mr-
Chipman a Committee to join a Committee of Council, to Take under
consideration [a remonstrance] signed Benjamin Thurber and others,
against Col0- Barret, being Read in Councif, Resolved that Mr- Brown-
son join sd Committee.3
Adjourned to 8 ° Clock Tomorrow Morning.4
1 This was done at the request of the town, at a meeting held Oct. 7
1784.
2 The Governor and Council met the House in committee of the whole
on the betterment question, and a bill was agreed upon by the commit-
tee; Oct. 23 it was rejected, ayes 33, noes 35; Oct. 25 the matter was re-
committed, and on the 26th a bill was agreed to, and ordered to be
printed for the perusal of the people with a view to future'action. — See
Appendix E.
aThe petition alleged that Barrett had continued to perform the du-
ties of his office since the Assembly had impeached him, and asked to
have his judgments annulled. The petition was dismissed, for several
reasons, one being that the petitioner had another remedy.
4 The Governor, Council, and Assembly ^sat this day as a court of
equity for the trial of the case of the proprietors of Wilmington vs. the
58 Governor and Council — October 1784.
Friday, October 22d 1784.
Met according to Adjournment. And Having Joined the House &
Attended in Committee of the whole— Adjourned to 8 ° Clock Tomor-
row Morning.
Saturday, 23d October 1784.
Met according to Adjournment.
A Letter from John Session [Sessions] Esqr- dated Westminster 11th
October In*- Requesting Leave to resign his office of chief Judge of the
County Court of the County of Windham, was read & accepted, and
the Secretary is hereby directed to officially acquaint him therewith, and
in behalf of the Governor & Council to return him their thanks for his
past Services.
Resolved that Luke Knoulton Esqr- be and he is hereby appointed
chief Judge of the County Court for the County of Windham in the
Room of John Sessions Esqr- Resigned.
Resolved that John Bridgman Esqr- be and he is hereby appointed a
side judge of the County Court for the County of Windham; and also
a justice of the Peace within & for the said County.
Resolved that Elisha Burton Esq1-- be and he is hereby appointed a
Justice of^the Peace within and for the County of Windsor.
Resolved that Samuel Mattucks Esq1'- be and he is hereby appointed a
side Judge of the County Court for the County of Rutland in the Room
of the Honble Joseph Bowker Esqr- Deceased.
Resolved that Elisha Clark be and he is hereby appointed Judge of
Probate for the District of Rutland, in the County of Rutland.
Resolved that Samuel Williams Esq1-- be and he is hereby appointed a
justice of the Peace within and for the County of Rutland."
Resolved that Ebenezer Allen Esq1*- be and he is hereby appointed a
justice of the Peace within and for the County of Rutland — Grand Isle.
Resolved that Alexander Gordon Esqr- be and he is hereby appointed
a Justice of the Peace in and for the County of Rutland — G. Isle.
Resolved that John Hawkims Esqr- of Bridgewater, be and he is
hereby appointed a Justice of the Peace within and for the County of
Windsor.
Resolved that Gamaliel Painter Esqr- be and he is hereby appointed a
Justice of the peace in and for the County of Rutland, in Middlebury.
Adjourned to Monday next 10 ° Clock A. M.
Monday, October 25th 1784.
Met according to Adjournment.
An Act enabling Capt. Ebenr- Wood sole Administrator on the Estate
of Jeremiah Reed Decd- to sel part of the said Estate, Recd- Read and
approved.
An Act appointing Commissioners to make reprisal in a Case therein
mentioned [Townsend's case,] being accepted by the House, & sent up
proprietors of Draper. The town of Wilmington was first chartered to
Phinehas Lyman, by New Hampshire, April 29 1751; but, on the ground
that the conditions of the charter had not been complied with, New
Hampshire again chartered the town, by the name of Draper, to Fran-
cis Barnard and sixty-six others, June 17 1763. Subsequently the inhab-
itants changed the name to Wilmington again. — Eastern Vermont, p. 99.
Governor and Council — October 1784. 59
for perusal and proposals of amendment, the same was Bead and ap-
proved.1 •
An Act to divide the Town of Reupert into Two Parishes having been
accepted by the House of Assembly was Recd- Read and approved.
Resolved that the wages to the Judges and Clerk of the Superiour
Court be paid in hard money orders — And His Excellency the Governor
is hereby requested to Draw orders on the Treasury on any of the hard
money Taxes heretofore granted, or to be granted this present Session
of Assembly, for that purpose.
Adjourned to 8 ° Clock Tomorrow Morning.
Tuesday, October 26th- 1784.
Met according to Adjournment.
A decree and Order by the High Court of Chancers, consisting of His
Excellency the Governor, the Council and General Assembly, on the
Petition of the proprietors of Wilmington, against the Proprietors of
Draper, was Recd- Read & approved.2
Resolved that the ace4- of Barzilla Rice Deputy sheriff, of thirty nine
pounds Twelve shillings and Eleven pence Lawful Money, be and is
allowed him for public service by him done as by his ace*- appears — and
that the Secretary draw on the Treasurer to pay the same by order on
the hard money Tax.
An Act pardoning Charles Phelps Esqr- of Marlborough in the County
of Windham and Restoring to him all his Estate, Real and personal, was
Read and approved.3
State of Vermont. In General Assembly, ?
October 26th- 1784. $
Whereas Majr- Elias Buel & his associates have by their Memorial to
this Assembly,' Represented that on the 4th day of November 1780, Ob-
tained a grant of a Certain Tract of Land in this State lying between
the Towns of Shorum, Orwel, Hubbarton, Sudbury and Whiting, sup-
posed to contain 320 acres (or thereabouts) to Each of said Company,
and that they soon after paid the Granting fees Requested therefor —
That it is since found that the surrounding Towns aforesaid, nearly
cover the whole of the Lands Granted to the Memorialists;
And whereas the said Memoriallists have Prayed that a Grant of Un-
located Land may be made to them for the deficiency aforesaid, (due
Regard being had to quantity and quality & situation) as by their Me-
morial on file appears, Whereupon
Resolved that Liberty be and hereby is granted unto the said Memo-
rialists to Locate an equivalent for the deficiency in such place, or pla-
ces, as they shall chuse in the now unlocated Lands in this State, (not
infringing upon the General principles of Survey8) due Regard being
had to the quantity, quality and situation of the Lands to be so located,
& to the situation and quality of the Lands first granted to the Memori-
allists, as Also the date of the said Grants.
And that the Governor & Council be & hereby are requested to Issue
a Charter, or Charters of incorporation, under such Regulations, Re-
strictions & conditions as they shall judge best.
Extract from the journals. RosL Hopkins, Clerk.
True Copy. Attest, ' Joseph Fay, Secy-
1 See Appendix C.
2 The decree was in favor of the proprietors of Wilmington, no person
having appeared for Draper. A review of the case was moved, and
ordered by the court.
8 See Appendix C.
60 Governor and Council — October 1784.
In Council Rutland 26th Oct1- 1784.
In consequence of the foregoing Memorial and Resolution thereon —
Resolved that the said Elias Buel be, & he is hereby intitled to receive
a Charter or Charters of Incorporation under the signature of this State,
for the quantity of 320 acres for himself, and Each of his associates being
sixty in number, in such place or places as they shall choose in the now
unlocated Lands within this State, as are equivilent as set forth in the
above Resolve, on the said Buel his paying on the Reception of said
Charter or Charters, one hundred & Twenty pounds in hard Money
and three hundred and Ninety pounds in this States Security Including
what is already Recd- as is to be made to appear by the said Buel's Re-
ceipts.
Extract from the Journals. Jonas Fay, Secy- P. T.
Adjourned to 8 ° Clock Tomorrow Morning.
Wednesday, Octr- 27th- 1784.
Met according to Adjournment.
Unanimously Resolved that this Council do take this method to rec-
ommend to the HonbIe General Assembly to adopt such measures as may
appear to them to be most Eligable for Opening a free Trade & com-
merce with the Province of Quebec upon Terms of Reciprocity.
By order of Council. Jonas Fay, Sees- P. T.
In General Assembly, 27th October 1784.
The question being put wheather this Assembly would Adopt meas-
ures as is Recommended in the aforesaid Resolution it passed in the
Negative. RosL- Hopkins, Clk.
True Copy. Joseph Fay, 8e&>1
On the petition of Joseph Chamberlin;
Resolved that the fine imposed on the said Joseph Chamberlin by the
Supreme Court be & is hereby remitted.
On the petition of Francis Prouty,
Resolved that the fine imposed on the said Francis Prouty by the Su-
preme Court of this State be and it is hereby Remitted.
On the petition of John Alexander,
Resolved that the fine imposed on the said John Alexander by the Su-
preme Court of this State be and is hereby Remitted.
On the petition of Edward Carpenter, Asaph Carpenter & Cyrryl
[Carpenter]— Resolved that the fines of the above named three persons
imposed on them by the Supreme Court of this State be & is hereby
Remitted.
In Council, Rutland, 27th October 1784.
Resolved that this Council do Recommend it to the Honb,e General
Assembly that the Two Houses meet and form into a Committee of the
whole, as soon as may be, to Take into Consideration the Utility of Ob-
taining Licence of the Commanding officer of the Province of Quebeck
for the Inhabitants of this State to pass by the Waters Leading from this
State to said Province, with their Lumber and to Barter, or Exchange
Commodities upon Terms reciprocal with foreign Powers.
By order of Council. Jonas Fay, Secrv- P. T.
1 The resolutions of the Council and House both stand in the Assem-
bly journal as of the 26th. Probably the answer of the House was not
received by the Council until the 27th, when the Secretary recorded
both as of the 27th.
Governor and Council — October 1784. 61
In General Assembly, October 27 1784.
The above was Read, And Resolved that this House will join with the
Governor & Council 2 ° Clock this afternoon to Take under considera-
tion the Matter therein contained. RosL- Hopkins, Glk.
An Act impowering Beriah Green to sell part of the Estate of Elka-
nah Stewart Deceased to the am*- of £62 10 0 was Read & approved.
An Act constituting a New Town by the name of Middletown was
Recd- Read & approved.
Adjourned to 8 ° Clock Tomorrow Morning.
Thursday, 28th October 1784.
Met according to Adjournment.
Resolved that the Treasurer be and is hereby directed to pay Micah
Townsend Esq1*- his ace*- of Eighteen pounds Twelve shillings and
Eleven pence by Drawing orders on some of the hard money Taxes for
that purpose.
An Act proposing a Tax of six pence on the pound was read and or-
dered to be sent back to the House with this proposal, viz. that the same
be referred to the next sitting of this Assembly.
Resolved that the Treasurer be and he is hereby directed to pay unto
Capt. Leonard Spaulding the sum of six pounds in part of an ace*- ex-
hibitted by said Spaulding of the Costs and expenses attending a Cer-
tain cause between the said Spaulding and Jonas Clark of Boston of .£26
11 10, by drawing orders on some of the hard money Taxes for that
sum.
An Act for the purpose of opening a free Trade to and thro' the Prov-
ince of Quebec was Recd- Read & approved.1
Col0, Isaac Clark & Majr- James Brookins of the 5th- Reg1- appeared &
were qualified by oath to the faithful discharge of their offices — Also the
HonbL Luke Knoulton Esqr- & Samuel Mattucks Esqr- side judges of the
County Courts for the Counties of Windham & Rutland were duly Qual-
ified to their Respective offices.
An Act for Suspending the Collecting of the County Taxes in the
County of Bennington was Recd- Read & approved.
Adjourned to 8 °Clock Tomorrow Morning.
Friday, October 29th- 1784.
Met according to Adjournment.
An Act establishing the place for Erecting Public Buildings in the
County of Rutland was Read, whereupon the Council Recommend to
the Assembly that the further consideration of the said bill be refered
to the next Session of this Assembly.
An Act in addition to an Act entitled an Act for the Establishment of
Town lines, was Recd Read & approved.
An Act, in addition to an Act, for Regulating Proprietors Meetings,
was Recd- read & approved.
A Committee of five from the Assembly being appointed on the peti-
tion of John Merick, concerning a Certain Lot of Land Sold at Vandue
in Wells, — Resolved that a Committee of Council join said Committee
on the petition aforesaid. Member choosen Mr- Porter.
An Act for Levying a Tax on the unappropriated Lands in Whiting-
ham, for the purpose of Repairing Roads & Bridges; and another Act
1 See Appendix D.
62 Governor and Council — October 1784.
Regulating the Choice of a Council of Sensors was Read, whereupon
Resolved that Mr Allen wait upon the Assembly with some proposals
of amendment.
An Act, in addition to an Act, Regulating the Militia was Read & ap-
proved with the addition of the Words " Brigadiers General" &c.
A Bill from the House, viz.
In General Assembly, October 16th 1783.
A petition signed by a Number of the Inhabitants of the Town of
Springfield, praying that John Barret Esqr- Justice of the Peace for the
County of Windsor, may be impeached before the Governor and Coun-
cil for Mai Administration in said office, being Read; Resolved that the
Said Barret be impeached, and that Stephen R. Bradley Esqr- be & he is
hereby authorized to Prosecute the sd John Barret Esqr- by Impeaching
him before the Governor and Council for Mai Administration.
Extract from the Journals. RosL- Hopkins, Clk.
In General Assembly, October 29, 1784.
Resolved that Samuel Knight Esqr- be and is hereby Requested to
prosecute the impeachment against John Barret Esqr- for Mai Adminis-
tration before the Governor & Council.
Extract from the Journals. Ros1 • Hopkins, Clk.
True Copy. Thomas Tolman, Sect/-
An Act empowering the Administrators on the Estate of Eliakim
Weller late of Manchester in the County of Bennington Decd- to make
a Conveyance of a Certain Piece or pieces of Land was Recd- Read &
approved.
Resolved that the Treasurer be & is hereby directed to pay His Ex-
cellency Thomas Chittenden Esqr- thirty six shillings L. Money on the
Two penny Tax for cash expended by him for distilled Spirits for the
use of the Militia on the Day of General Election.
An Act Regulating the Choice of a Council of Sensors was Recd- Read
and approved.
An Act Granting to the Several persons Therein Named a free Par-
don for their Several Crimes therein discribed was Recd- Read and ap-
proved.1
Resolved that Thomas Tolman Esqr- be allowed £10 L Money pr-
Month for his Services as pay master &c. &c. to this State, for the Time
that he has been employed in the business, excepting such Time as he
may have in attending to his own private Business; And the Committee
of pay Table (on his ace*- thereof,) are instructed to Settle the Same and
give order Accordingly.
The Honble Gen1- Jacob Bayley appeared & Took the Necessary Oath
to qualify him to the office of chief Judge of the County Court in & for
the County of Orange. Also John Bridgman Esqr- side Judge of the
County Court in & for the County of Windham & justice of the Peace
in & for said County — Also Benjamin Baldwin Esqr- Justice of the Peace
in & for the County of Orange, were duly qualified to their Respective
offices.
Resolved that Noah White Esqr- of More Town [Bradford] be and he
is hereby appointed a side Judge of the County Court in and for the
County of Orange, in the Room of Nathaniel Niles Esqr- Elected Judge
of the Supreme Court of this State, and was accordingly Entered in the
Commission of the County Court of said County of this day's date.
1 See Appendix C.
Governor and Council — October 1784. 63
Kesolved that three agents be appointed to Transact the Necessary-
business of opening a free Trade to foreign Powers, thro the Province
of Quebec, Agreeable to an Act of the Legislature of this State passed
this day, intitled An Act for the purpose of opening a free Trade to &
from the Province of Quebec. And that the Honble Ira Allen Esqr- Ma-
jor Joseph Fay & the Honble Jonas Fay Esqr- be & hereby are appointed
Agents or Commissioners for the purpose aforesaid, one or more of
whom shall have full Power to Transact said business. And His Excel-
lency the Governor is Requested to Grant a Commission accordingly.1
Resolved that the first day of Jan?- Next be and hereby is affixed
[fixed] as the day for the payment of the whole of the Granting fees of
the Township of More Town, Granted to Major John Barron, Col0- Mo-
ses Hazen & the Inhabitants of said More Town, And in case of the
failour of the payment of said fees at the Time aforesaid, it is hereby
declared that the forfeiture of said Township is liable to be Taken of the
Grantees; And that Major John Barron be served with a Copy of this
Resolution.
Resolved that the papers in the Care of this Council belonging to Col0-
William Marsh, be delivered to him, except such papers as may be nec-
essary to Support Tittle to Lands confiscated to this State; & Provided
said Marsh Secure this State against any Debts that may be brought
against the State on his ace'- — Resolved that Col0- Brownson & the Sec-
retary of Council Determine & Diliver sd papers Taking the Security
Mentioned above.
Resolved that the Surveyor General be and he is hereby Authorized
to appropriate that part of the Township of Carthage [Jay] which is not
Granted to His Excellency the Governor, Towards defraying the expen-
ses of Surveying Town lines, and also that he draw on the Two penny
Tax granted in February last Two hundred pounds for the Same pur-
pose, for all which he the said Surveyor General is accountable.
Resolved that Michael Meerit [Merritt] of Fairhaven be & he is hereby
appointed a Justice of the Peace within & for the County of Rutland.
Debenter of Council am*- to £77 18 4.
Resolved that the Treasurer be & is hereby directed to pay Col0- Isaac
Clark out of the Two penny Tax Granted the last Session of Assembly
the sum of three half Joes, four Moidores, four Guineas and four dol-
lars, it being the sum the said [Clark] paid the Treasurer on the 11th- of
Septr- 1777, which money he took from David Remington when said
Remington was Taken as an Enemy to the United States as appears by
a Rec4- Lodged on the files of Council, as also the Yalue of Eleven Dol-
lars in Continental Money at the date of said Rec*- by the Scale of this
State in manner as is above directed.
State of Vermont in Council Octr- 29th 1784.
Resolved that Col0- Ira Allen be, & is hereby Appointed, Empowered,
and directed, in pursuance of a Resolution of the General Assembly of
this State passed at their Session in October 1783, to Devise and pursue
Such Measures as he shall judge Necessary and most effectual for Ob-
taining the Book or Books Containing the Records of the Charters of
the Townships of Land in this State, Granted by the late Governor &
Council of the late Government of New Hampshire, which Records are
Supposed to have been Carried to some parts of the British Dominions
by His Excellency John Wentworth Esqr- Late Governor of said Gov-
ernment or Province.
1 See Appendix D.
64 Governor jmd Council — October 1784.
The General Assembly stands Adjourned to the first Thursday in
June next to Meet at Norwich.
Council Adjourned without Day.1
Attest, Thomas Tolman, Secy-
End of October Session October 29th- 1784.
RETURN OF THE APPOINTMENT OF THE FIRST COUNCIL
OF CENSORS.
To His Excellency Thomas Chittenden Esqr- Capt. General, Governor,
and Commander in chief, in and over tke State of Vermont.
We the Subscribers beg Leave to inform your Excellency, that in Obe-
dience to an Act of the General Assembly of the Slate of Vermont
passed at their Session in October last, ordering & directing the choice
of a Council of Censors, we convened at Londondary on the first Thurs-
day of Instant May; And after carefully sorting & counting the votes of
the Freemen, find that the following Gentlemen were chosen into said
office namely: The Ilonble Ebenezer Walbridge, Jonathan Brace,
MlCAH TOWNSEND, EBENEZER MARVIN, INCREASE MOSLEY, ELIJAH
Robinson, Joseph Marsh, Ebenezer Curtis, John Sessions, Jon-
athan Hunt, Benjamin Carpenter, Stephen Jacobs, & Lewis
Beebe, Esquires.
Have the Honor to be your Excellency's obedient & Humble Servants.
Lewis Beebe, Clerk for Bennington County.
Obadiah Noble, do. for Rutland County.
Briant Brown, do. for Windsor County.
Samuel Grow, Dep*- Sheriff of Orange County.
Joshua Cone, Dep*- Sheriff Windsor County.
Londondary, May 6th 1785.
To His Excellency Thomas Chittenden, Esqr- Captain General, Gov-
ernor and Commander in Chief in and over the State of Vermont:
Agreeable to Your Excellency8 Commission after having Sorted and
Counted of the Votes of the Freemen of this State for a Council of
Censors, I carefully filled the thirteen Blank Letters of your Excel-
lency8 with the Names of the Gentlemen who were elected into that
office, agreeable to the Return made your Excellency of the 6th of May,
And Dilivered the Same to the several Clerks and Sheriffs of the differ-
ent Counties wherein they Respectively belonged. I have the Honor to
be with all due Respect your Excellency8 Most Obedient Humble Servant,
Lewis Beebe.
May 25th- 1785.
A True Copy. Attest, Thomas Tolman, Secv-
1 From the Assembly Journal, Oct. 29 1784:
" Resolved that his Excellency the Governors sallary for the present
year be two hundred pounds L. Money, and the Treasurer is hereby Di-
rected to pay the same,"
Governor and Council — June 1785. 65
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
ADJOURNED SESSION WITH THE GENERAL ASSEMBLY
At Norwich, June 1785.1
Thursday, June 2d 1785.
Present His Excellency Thomas Chittenden Esqr- His Honor Paul
Spooner Esqr- Honble Thomas Moredock, Esqr- John Throop Esq. Ben-
jamin Wait Esq1-- Sheriff.
There not being a sufficient number of the Council present to consti-
tute a Quorum,
Adjourned until 8 ° Clock Tomorrow Morning.
Friday, June 3d 1785.
Met according to Adjournment;
Present the Members as above; There not being a Quorum,
Adjourned to 8 ° Clock Tomorrow Morning.2
1 Although this was an adjourned session, not the inauguration of a
new government, there was a cavalry escort for the Governor, Lieut.
Governor and others to Norwich, where they were met by a body of
militia under the command of Col. Paul Brigham. — Vermont Journal,
June 1 1785.
"From the Assembly Journal, June 3 1785:
Ordered, that General Enos be requested to wait on his Excellency
the Governor, and inform him that a quorum of the House for transact-
ing business is convened and ready to proceed upon business.
His Excellency came into the House, -and laid before the Assembly
the following papers, viz.
1. A return of the Council of Censors, chosen agreeable to constitu-
tion.— [See ante, p. 64.]
2. A resolution of Council prefixing a time of payment for the char-
ter fees of Moor town [Bradford.]— [See ante, p. 63.]
3. A petition from the inhabitants of Moortown, for postponing said
time.
4. A Letter from General [Moses] Hazen, for the same purpose.
5. A caveat from General Hazen against granting said Moortown;
which were read.
Gen. Hazen's claim was provided for by act of Jan. 25 1791, granting
the town of Bradford to a committee of trust for the benefit of claim-
ants. By this act, three thousand four hundred acres in the west part
of the town were reserved for the General, on condition that he should
pay, by the rising of the next Assembly, " Two Shillings lawful money
in silver or gold " for each acre. — Ms. Laws of Vermont, Yol. II, p. 363.
Failing to comply with this condition, the land reserved for Gen. Hazen
was disposed of to John Barron, by act of Nov. 6 1792. — See Ms. Laws
of Vermont, Yol. n, p. 453.
6
5 Governor and Council — June 1785.
Saturday, 4th June 1785.
Met according to Adjournment.
Present the Members attending yesterday,— There not being a Quorum
Adjourned to 9 ° Clock Monday next.
Monday, June 6th 1785.
Met according to Adjournment.
Present. His Excellency, Thomas Chittenden Esqr- His Honor Paul
Spooner, Esqr- The Honble Moses Robinson Peter Olcott Benjamin Em-
mons Thomas Moredock Ira Allen & John Throop Esquires.
There being no Secretary present Resolved that Mr Daniel Buck, be
and he is hereby appointed Sec^- P. T. who was accordingly duly Sworn
to the faith full discharge of said office.
Resolved that, the Honble Peter Olcott & Ira Allen Esquires be a Com-
mittee to join a Committee from the General Assembly on the Petition
of the Inhabitants of More Town, [Bradford,] to State facts and make
Report thereon.
Resolved that the Honble Moses Robinson Esqr- be a Committee to
join a Committee from the General Assembly on the Memorial of Will-
iam Marsh, praying the appointment of a committee to Examine into
the Circumstances concerning a Certain Note, to state facts to the Gen-
eral Assembly at their Next Session.
An Act entitled an Act to authenticate the Deeds therein Mentioned
was Recd- Read and approved.
Resolved that Jesse Cook of Willmington be and he is hereby ap-
pointed a Justice of the Peace in and for the County of Windham; And
that the Clerk of the County Court, be & he is hereby directed to Enter
his name in the Commission of the peace in his office.
Resolved that Benjamin Olds Esqr- of Marlborough in the County of
Windham be and he is hereby appointed a Justice of the peace in & for
said County of Windham; And that the Clerk of the County Court be
and is hereby directed to Enter his name in the Commission of the
Peace in his office.
Adjourned to 8 ° Clock Tomorrow.
Tuesday, June 7th 1785.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- His Honor Paul
Spooner Esqr- The Honble Moses Robinson Esqr- Peter Olcott Benjamin
Emmons Thomas Moredock John Throop & Ira Allen Esqre-
On the Representation of Lucy Prince, wife of Abijah Prince, and
others shewing that, the said Abijah, Lucy and Family,1 are greatly op-
pressed <& injured by John and Ormas Noyce, in the possession and
enjoyment of a certain farm or Piece of Land, on which the said Abijah
and Lucy now Lives, the Council having Taken the same into conside-
ration and made due enquiry, are of Opinion that the said Abijah and
Lucy are much injured, and that unless the Town Take some due Meth-
ods to protect said Abijah, Lucy & family in the enjoyment of their pos-
session, they must soon unavoidably fall upon the Charity of the Town.
Therefore Resolved that His Excellency be Requested to write to the
Selectmen of the Town of Guilford Recommending to them to Take
some effectual Measures to protect the said Abijah, Lucy & famity, in
the Possession of said Lands until the said dispute can be equally &
equitably settled.
Governor and Council — June 1785. 67
The following Eesolve was sent from the General Assembly, viz*-
In General Assembly, June 7th 1785.
On Motion made by Mr- Bradley, Resolved that a Committee of five
to join a Committee from the Council be appointed to prepare a bill for
the quieting Ancient Settlers &c. and make Report. The members
choosen Mr Tichenor, Mr- Chipman, Mr Knight, Mr- Weld & Mr-
Loomis. Extract from the Journals.
RosL- Hopkins, Clerk.
A True Copy. Attest, D. Buck, Secv- P. T.
Whereupon Resolved that the Honble Moses Robinson Esqr- & the
Honble Ira Allen Esqr- be and they are hereby appointed a Committee to
join the Above Committee for the Above purpose.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
The following Resolve was Recd- from the Council of Censors, viz*-
In Council of Censors 7th- June 1785.
Resolved that His Excellency & the Honble Council of this State be
Requested to inform this Board to whom they may apply to possess
themselves of the Journals of Council from the formation of the Consti-
tution, to the first Wednesday in June Instant, for their Inspection, and
that his Excellency & Council be desired to give the Necessary direc-
tions for that purpose.
Resolved that Mr Carpenter be directed to Wait on His Excellency
with a Copy of the aforegoing Resolution.
Extract from the Minutes.
Micah Townsend, ISecv-
True Copy. Attest, D. Buck, Sect/- P. T. of the Council of State.
Whereupon Resolved that His Excellency be Requested to inform the
Council of Censors, that the Journals of the Governor & Council are
Lodged with Thomas Tolman Esqr- Secretary of Council at Arlington
and also to give directions to the said Sec^- of Council to Diliver them to
the Council of Censors, on their application on his Return from New
York.
Resolved that a Committee be appointed to join a Committee from the
House to prepare a Bill for the exemption of all Lands within this State
sequestered to public and pious uses, as well private Donations as pub-
lic Grants, from all kinds of Taxation whatever.
Adjourned to 8 °Clock Tomorrow Morn^-
Wednesday 8th June 1785.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- His Honor Paul
Spooner Esqr- The Honble Moses Robinson Esqr- Peter Olcott Esqr- Ben-
jamin Emmons Esqr- Thomas Moredock Esqr- John Throop Esqr- Ira
Allen Esqr- & Samuel Fletcher Esqr-
An Act entitled an Act Regulating the disposal of fees, fines and pen-
alties was Recd- Read and approved.
Adjourned to 2 °Clock P. M.
Met according to Adjournment — present as before.
Upon the petition of Stephen Chase praying for the Remittance of a
Certain fine imposed on him by the Supreme Court the 14th day of Sep-
tember 1782, Resolved that said fine be and the same is hereby Remitted
to the said Stephen.
On the petition of Joseph Foster, Resolved that Mr- Fletcher be a
Committee to join a Committee from the House to State facts and make
a Report to the House.
68 Governor and Council — June 1785.
On the Petition of Henry Tolls & others sent from the House for a
Committee to join, Resolved that Mr- Moredock be a Committee to join
a Committee from the House, to State facts & make Eeport to the House.
Adjourned to 8 °Clock Tomorrow Morns-
Thursday, June 9th 1785.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- His Honor Paul
Spooner Esq1'- The Honbl- Moses Kobinson Peter Olcott Thomas More-
dock Benjamin Emmons Ira Allen John Throop & 'Samuel Fletcher
Esqrs-
On the petition of Joseph Hosford & Samuel Smith, Resolved that
His Hon1*- Paul Spooner be a Committee to join a Committee from the
House to State facts and make Report.
On Taking into Consideration the allegations &c. exhibitted against
Mr- EbeDezer Wests being Commissioned as a Justice of the Peace;
Resolved that the Council are of Opinion that there is Nothing appears
Sufficient to bar him from a Eight to Receive a Commission, yet consid-
ering the very unhappy Dissensions among the Inhabitants of the Town,
the Council judge that it will not be for the peace & prosperity of the
Town [Vershire] for any one to be Commissioned at present.
An Act to Authenticate a Deed therein Mentioned, was Recd- Read &
approved.
On a petition Signed Jehiel Webb Town Clerk of Rockingham; Re-
solved that Mr- Moredock be a Committee to join a Committee from the
House to State facts and make Report.
The following Bill was Recd- from the House, viz*-
State of Vermont. In General Assembly, June 8th 1785.
Resolved that no person be admitted to speak in this House without
he Obtain leave of the House by a member, except the Governor, L*-
Governor and Members of Council.
Extract from the Journals. RosL Hopkins, Clk.
True Copy. Attest, D. Buck, Se&- P. T.
An Act entitled an Act to Authenticate a Certain Deed therein men-
tioned, to Jonathan Goodwin, was Recd-; Read, & approved.
An Act directing the form of passing Laws was Recd- Read and Ap-
proved.— See ante, p. 35.
An Act for the Establishing Two Ecclesiastical societies in the Town
of Windsor was Read & approved.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
An Act Relative [to] the people Called Quakers was Recd: Read and
approved. — [Might affirm.]
An Act for the punishment of divers sorts of Felonies, was Read and
approved.
An Act for the Punishment of Drunkenness, Gaiming and Profane
Swearing was Read and approved.
A Bill from the House, viz*-
In General Assembly, October 16th- 1783.
A petition signed by a Number of the Inhabitants of Springfield pray-
ing that John Barrit Esqr- Justice of the Peace for the County of Wind-
sor may be Impeached before the Governor and Council for Mai Admin-
istration in said office being Read,
Resolved that the said Barret be Impeached & that Stephen R. Brad-
ley Esqr- be and he is hereby Authorised, to prosecute the said John
Governor and Council — June 1785. 69
Barret Esq* by Impeaching him before the Governor and Council to
final Judgment for Mai Administration.
Extract from the journals. RosL- Hopkins, Glk.
True Copy. Attest, D. Buck, Secy- P. T.
The following impeachment against John Barret Esquire was laid be-
fore Council:
The Honorable the General Assembly vrs. John Barret Esquire.
To His Excellency Thomas Chittenden Esqr> Capt. General and Com-
mander in chief, and Honble Council of the State of Vermont, to be con-
vened at Norwich in the County of Windsor on the first Tuesday of June
in the year of our Lord 1785, Comes Stephen R. Bradley Esq1-- Attorney
to the Honble the General Assembly of the State of Vermont, pursuent to
the true intent and meaning of a Resolution passed in General Assembly
October 16th 1783, authorising" and empowering the said Attorney in be-
half of the General Assembly to prosecute John Barret Esqr- of Spring-
field in the County of Windsor, one of the Justices of the Peace within
and for said County of Windsor, before the Governor and Council to
final Judgment for Male Administration, and in behalf of the General
Assembly assigns the following facts which the said John Barret Esqr-
in the Male Administration of his office as Justice of the Peace has done,
viz*- For that Whereas the said John Barret Esqr- on the 20th day of May
1781 at said Springfield did Corruptly partially and injuriously render
judgment and award Execution against Ozemas Holmes of said Spring-
field at the suit of Caleb Shaw then late of said Sprinfigeld, when the
said John Barret Esqr- well knew the said Shaw & Holmes to have set-
tled & to have given orders for the said suit of the said Shaw to be with-
drawn, And also for that the said John Barret Esq1"- at said Springfield
on the 28th day of July 1782 did corruptly and injuriously Issue a Sum-
mons against Asahel Powers of said Springfield' at the suit of Doctor
Frink of Keene, and did afterwards render judgment on a certain ac-
compt contained in a Scadule annexed to the Summons and Taxed a
large bill of Costs against said Powers to oppress and injure said Pow-
ers, and award Execution thereon, when the Said Powers before the
Time of Issuing the said Summons, had before the said John Barret
Esqr' confessed Judg*- on the same account, and the said Barret well
knew the Same; And also for that whereas the said John Barret Esqr-
did Corruptly oppressively and injuriously on the 20th day of August 1783
at said Springfield, render Judgment and award Execution against Rich-
ard Prouty of Brattleborough in the County of Windham at the Suit of
John Prouty when the said Barret well knew the said John for three
years then last past before rendering said Judgment to have been Dead,
And also for that the said John Barret Esq1- thro' the whole course of
His Administration as a Justice of the Peace, has excited and encour-
aged many needless & vexatious Law suits to enhance bills of Costs to
the oppression of the People, to the great injury of the Common Weal
and against the Peace and dignity of the freemen of the State of Ver-
mont. Signed at Westminster this 3d day of May 1785.
Stephen R. Bradley.
Warrant of Citation To Samuel Avery of Westminster in the Gounty
of Windham, Greeting—
In the name and by the authority of the Freemen of the State of Ver-
mont, You are hereby commanded to make known to John Barret Esq1"-
of Springfield in the County of Windsor, one of the Justices of the
Peace within & for said County of Windsor, that he be before the Gover-
nor and Council to be convened at Norwich in the County of Windsor
TO Governor and Council — June 1785.
on the 9th- day of June next, then and there to answer to the foregoing
hill of Impeachment, and the Several Allegations therein contained,
And to do and Suffer as to Law and Justice appertains — Hereof Fail not
but due returns [make] according to Law. Dated at Westminster this
1> day of May 1785. Micah Townsend, Secy-
Springfield May 20th 1785.
In obedience to the within (meaning foregoing) command I served the
within (Meaning foregoing) Precept or Notification, on the within
(Meaning foregoing) John Barret Esqr- by a True Coppy of the same at
his usual place of abode — Attest Samuel Avery,
Fees £0 18 8 Authorized to serve this Writt.
The Parties being called, Mr- Bradley for the General Assembly ap-
peared and Mr- Justice Barret for himself personally appeared and be-
ing questioned Plead not Guilty, And the Council having heard Evi-
dence Adjourned until Tomorrow Morning 8 °Clock.
State of Vermont Friday June 10th 1785.
Council met according to Adjournment.
Present His Excellency Thomas Chittenden Esq1- His Honor Paul
Spooner Esqr Honble Petter Olcott Thomas Moredock B. Emmons Ira
Allen John Throop Samuel Fletcher Jonas Fay & Samuel Safford Esqrs-
Councilors.
On a bill from the House appointing Mr- Walbridge, Mr Underwood,
Mr- Barlow and Mr- Nutting a Committee on the five petitions of Bethel
inhabitants, Braintree inhabitants, .Rochester Proprietors, Bethel pro-
prietors, & Royalton Inhabitants, to Join a Committee from Council
to state facts & make Keport — Resolved that Mr- Olcot join said Com-
mittee.
On a bill from the House appointing Mr- Powel, Mr- Olin, Mr- Mat-
tucks, Mr- Clark, Mr- Bullock, Mr- Knoulton, Mr- Brown, M1- Wild, and
Mr- Bayley a Committee on the petition from part of the Inhabitants of
Hartland & Hartford, to join a Committee from Council to state facts &
make Report — Resolved that Mr- Emmons join said Committee.
On a bill from the House appointing Mr- Strong, Mr- Bayley, Mr- Bar-
low, Mr- Walbridge & Mr- Ormsby a Committee to join a Committee
from the Council on the Representation of the Surveyor General of the
necessary assistants and supplies to Compleat the Surveys of the North-
ern part of the Town lines in this State, to Report some proper Method
for compleating the Survey &c. Resolved that Mr- Safford & Mr- Fletcher
join said Committee.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
Resolved that Moses Robinson Esqr- be and he is hereby appointed to
join a Committee from the House of Assembly on the petition of Ben-
jamin Davis and others.
On the petition of John Wheelock Esq1*- sent from the House for a
Committee to join, Resolved that Mr- Fay join said Committee.
On the petition of Ruben Harmon Esqr- sent from the House for a
Committee to join, Resolved that Mr- Allen join said Committee.
An Act for Licenceing & better Regulating Taverns was read and
Concurred.
An Act Impowering the Authority and Selectmen of the several
Towns in this State to abate a certain part of the several Taxes was read
& Concurred.
Governor and Council — June 1785. 71
An Act for Preventing Kiots &c. was read & concurred.
On a Bill from the House appointing Mr- Ormsby, M1- Niles, & Mr-
Lee, a Committee on the petition of Jeduthan Roberts and others, for a
Committee to join a Committee of Council to state facts and make Re-
port, Resolved that Mr- Moredock join said Committee.
On a bill from the House appointing Mr- Bullock, Mr- Tichenor, Mr-
Lee a Committee on the petition of Mr- Child to join a Committee from
Council to state facts and make report, Resolved that Mr- Fay join said
Committee.
Adjourned to 8 °Clock Tomorrow Morning.
Sattarday, June 11th 1785.
Council met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Honble Paul
Spooner Esq1-- Honble Moses Robinson Jonas Fay Samuel Safford Ben-
jamin Emmonds John Throop Samuel Fletcher Thomas Moredock Peter
Olcott & Ira Allen, Esqrs-
Resolved that Hiland Hall of Cornwal be and he is hereby appointed
a Justice of the Peace in and for the County of Rutland and that the
Clerk of the County Court in said County be directed to enter his name
in the Commission of the Peace for that purpose.
An Act for duly regulating the serving of Executions was Read and
approved.
Resolved that Michael Flyn of Bethel be and he is hereby appointed
a Justice of the Peace in and for the County of Windsor, and that the
Clerk of the County Court be directed to Enter his name in the com-
mission of the Peace for that purpose.
Resolved that Gideon Horton of Brandon be and he is hereby ap-
pointed a Justice of the Peace in & for the County of Rutland, and that
the Clerk of the County Court be directed to enter his name in the Com-
mission of the Peace in & for said County.
Resolved that Timothy Cowles of Brookfield be and he is hereby ap-
pointed a Justice of the Peace in & for the County of Orange, and that
the Clerk of the County Court in & for said County be directed to enter
his name in the said County Commission for that purpose.
Resolved that Silas Safford of Fairhaven be and he is hereby appointed
a Justice of the Peace in & for the County of Rutland, & that the
Clerk be directed to enter his name in the commission in said County
for that purpose.
Resolved that Edmond Bigelow of Middletown be and he is hereby
appointed a Justice of the peace in and for the County of Rutland, and
that the Clerk of the County Court in & for said County be directed to
Enter his name in the said County commission for that purpose.
The Council having taken into consideration the impeachment against
Mr- Justice Barret, & the Several Aligations and Matters of charge
therein contained, & having fully weighed the evidence and heard Council
for & against him, do adjudge and determine that the said Justice Bar-
ret is guilty of Mai Administration in the Execution of his office as jus-
tice of the Peace, Whereupon it is ordered and decreed that the said
justice Barret be and he is hereby suspended from the exercise of his
said office, as a justice of the Peace, for the Term of six Months from
the date of this decree, and pay the cost of Prosecution.
On the motion of Mr Jacob in behalf of Mr- Justice Barret for a Re-
view of the cause of his impeachment before the Council, Resolved that
though the Council are disposed to grant every indulgence, yet it being
72 Governor and Council — June 1785.
inconsistant with reason and the Spirit of the Constitution to alter or
suspend a decree made in Council upon an impeachment, no review can
be granted without order of the Legislature.
Adjourned to 9 °Clock Monday next.
Monday, 13th June 1785.
Council met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Govr- His Honor
Paul Spooner Esqr- 1> Gov1'- The IIonble Moses Robinson Peter Olcott
Jonas Fay Thomas Moredock Samuel Fletcher Samuel SafFord Ira Al-
len & John Throop Esqrs- Council.
Adjourned to 2 °Clock P. M.
Met according to Adjournment, And Adjourned until Tomorrow
Morning 8 °Clock.
Tuesday, 14th June 1785.
Met according to Adjournment.
An Act authorising Samuel Canfield of New Milford in the State of
Connecticut Esq1- to act on a certain Resolve of the Governor and Com-
pany of the State of Connecticut within this State, Passed the House
and Concured in Council.
Appointed his honor Paul Spooner Esqr- to join a Committee from the
House, on the petition of Luke Knoulton Samuel Knight Esqrs- and
others.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
An Act granting to the Trustees of Dartmouth College Twenty three
Thousand acres of Land, and to the president of Moors Charity School,
to & for the use of said College and School forever, having passed the
House was Read and concurred.1 Jonas F AY, Se&' P. T.
Mr- Olcott was appointed to join a Committee from the House of As-
sembly on the petition of Andrew Graham.
An Act impowering the Inhabitants of Sharon to Levy a Tax of one
penny on each acre of Land in said Town was read & concurred.
Resolved that his Honor Paul Spooner Esqr- and Mr- Fletcher be and
they are hereby appointed a Committee to Tax a bill of cost in the case
of Impeachment by the Honble House of Assembly vs. M1- Justice Barret.
Adjourned to 8 °Clock Tomorrow Morning.
Wednesday, Norwich 15th June 1785.
Met according to Adjournment.
The following is the bill of cost Taxed in the cause of the General
Assembly vs. Mr- Justice Barret viz4-
1 The word concurred is often written a concured " on the records. It
has not been deemed necessary to perpetuate an error which is charge-
able sometimes to haste, and sometimes probably to the ignorance of
the person who copied the original minutes into the record.
Governor and Council — June 1785. 73
Impeachment £0 12 0 Clerks fees £0 6 0
Summons 1 6 Attorn?8 fees 1 10 0
Service of do. 18 8 Travel & Attce 18 6
Subpceneas for 53 W— 4d 17 8 Do. witnesses 6 2 0
Service of do. pr- Mr- Avery 3 12 0
Service of do. by Giffun 13 6 Total, £15 11 10
Adjourned to 2 ° Clock afternoon.
Met according to Adjournment.
An Act granting to Reuben Harmon Junr- Esqr- a Right of coining
copper, and Regulating the same, was passed and concurred in Council.
Adjourned to 8 ° Clock Tomorrow Morning.
Thursday, 16th- June 1785.
Met according to Adjournment.
An Act Levying two Taxes, one of 4d- on the pound to be paid in State
Securities, And one other Tax of 3d- on the pound payable in hard
money, or any hard money orders, by the first day of September next,
passed the House and concurred in Council.
State of Vermont. In General Assembly June 16th- 1785.
Resolved that the Governor and Council be and they are hereby im-
powered to give John Barret Esqr- a new hearing on the Impeachment
against him, at the next Session of Assembly (if they shall judge
proper,) and that the said John Barret Esq1-- be suspended in officiating
in the office of Justice of the Peace until a final Trial can be had.
Extract from the Journals. RosL- Hopkins, Clk.
Resolved that John Barret Esqr- be and he is hereby Permitted to have
a new hearing in the Action of Impeachment brought against him by
the General Assembly; and that the time assigned by this Council for a
rehearing of the said cause of Impeachment be the Tuesday following
the next General Election.
The said John Barret Esq1-- acknowledges himself recognized to the
Treasurer of this State in the sum of fifty pounds Lawful Money to pros-
ecute his action of Impeachment to effect.
Jonas Fay, Secv- P. Tern.
An Act granting a Tax of one penny on the acre in the Township of
Fairlee was Read & Concurred in Council.
Adjourned to 2 °'Clock afternoon.
Met according to Adjournment:
Resolved that Benoni Cutler be and he is hereby appointed a Justice
of the Peace within & for the County of Orange, and that the Clerk of
the said County Court be directed to enter his name in the Commission
of the Peace in said County for that purpose.
Resolved that Abner Osgood of Guildhall be and he is hereby ap-
pointed a Justice of the Peace in and for the County of Orange, and that
the Clerk of the County Court in and for said County be directed to
enter his name in the Commission of the Peace for that purpose.
Mr- Emmons is appointed a Committee to join a Committee from the
House on the petition of John Mirick.
Mr- Safford is appointed to join a Committee from the House to see
wheather the Commissary General is under pay & Report their Opinion.
An Act to Levy a Tax of three pence on each acre of Land in the
Township of Thetford (public Lands excepted) for the purpose of erect-
ing a Meetinghouse in said Town passed the House of Assembly and
Concurred in Council.
74 Governor and Council — June 1785.
An Act for Levying a Tax of one penny on each acre of Land in the
Town of Marlboro' (public Lands excepted) for repairing roads passed
& concurred in Council.
An Act Liberating John Chandler Esqr- from Prison on conditions
therein named was passed & Concurred in Council.
An Act in addition to, & Explanation of an act, Intitled an act Regu-
lating Proprietors Meetings, passed & Concurred in Council.
Adjourned to 8 ° Clock Tomorrow Morning.
Friday, 17th- June 1785.
Met according to Adjournment.
Samuel Fletcher Esqr- Moved for Leave of Absence. Granted.
An Act for Quieting Ancient Settlers Eead and Concurred.
An account of thirteen shillings in favour of Oliver Waters was ex-
hibited by S. K. Bradley Esqr- — the same being examined and approved,
the Treasurer is directed to pay the same, to Captain Micah Gilson out
of the hard money Taxes. £0 13 0
An account exhibitted by the Governor for two pounds nine shillings
& six pence was Allowed, and the Treasurer is directed to pay the same
out of the hard money Tax. ,£2 9 6
Kesolved that the Treasurer be and he is hereby directed to pay out
of any hard money Tax unto his Excellency Thomas Chittenden Esqr-
Eight pounds L Money to be deducted from his sallary for the year
1787.1 £8 0 0
Moses Robinson and Samuel Safford Esqrs- Moved for Leave of Ab-
sence. Granted.
Adjourned to 2 °Clock afternoon.
Met according to Adjournment.
Resolved that the Treasurer be and he is hereby directed to pay out
of any hard Money Tax, Twenty shillings L Money unto Daniel Buck
Esqr- for the use of his house &c. £10 0
An Act altering the Time of the Sitting of Superiour Court was Read
& Concurred.
An Act in explanation of an Act intitled an act for the purpose of
Levying the Respective taxes therein mentioned; was read and Con-
curred.
An Act to vacate all the proceedings of the Legislature of this State,
Respecting the bounds of Guildhall, was read & Concurred.
Adjourned to 7 ° Clock Tomorrow Morning.
Saturday, 18th June 1785.
Met according to Adjournment.
An Act to Prolong the time of redemption to a Lott of Land in Wells
was read and Concurred.
An act to raise one penny on the acre on the lands in Strafford for
making & Repairing Roads, was read, and Concurred.
An Act, impowering Stephen Hard Admr- to sell part of the real es-
tate of Abraham Hard Deceased was read and Concurred.
An act confirming Andrew Graham of Putney in the county of Wind-
ham, in the peacable & quiet possession of the Farm on which he now
1 Thus on the record. Doubtless the year named in the original reso-
lution was 1784, meaning Oct. 1784 to Oct. 1785.
G-overnor and Council — June 1785. 75
lives in said putney; And rendering all judgments respecting the pos-
session of the Same heretofore had and rendered by any Court of Law
whatsoever Null and Void — Read & Concurred.
An act to Secure Daniel Marsh in the Possession of his Farm until he
shall have opportunity of recovering his betterments; and Nullifying
several Judgments rendered against him, was read & Concurred.
An Act Levying a Tax of one penny on the acre on all Lands in the
Town of Shrusbury (public Lots excepted) for the purpose of repair-
ing Roads & building Bridges; was Read & concurred.
Resolved that the Treasurer be & he is hereby directed to pay unto
Stephen R. Bradley Esqr- States Attoy- nine pounds, nine shillings & Ten
pence L. Money on any hard money Tax, being the whole of the bill of
cost Taxed in the cause of Impeachment by the General Assembly,
against Mr- Justice Barret; Except Six pounds & Two shillings for the
Witnesses Travel and Attendance. £9 9 10.
An act impowering the Town of Rockingham to Levy a Tax &c. was
Read & concurred.
Resolved that Wm- Brush of New Haven be and he is hereby ap-
pointed a Justice of the Peace in & for the County of Rutland; and the
Clerk of the County Court of said County is hereby directed to enter his
name in the Commission of the Peace for that purpose.
Resolved that Benjamin Henry of Halifax in the County of Windham
be and is hereby appointed a justice of the Peace in and for the County
of Windham; and the Clerk of the County Court of said County is here-
by directed to enter his name in the Commission of the peace for said
County for that purpose.
An act, directing the Sec^- to Omit recording such Acts of the Legisla-
ture of this State as have been revised by the Committee of Revision
passed in the present Session, Read & Concurred.
Resolved that the Treasurer of this State be & is hereby directed to
pay John Norton four pounds sixteen shillings & six pence in hard
money. £4 16 6
Resolved that the Fees on the Gore of Land Granted to Timothy
Blacke and others be one shilling pr- acre to be paid in hard money
within one Month from this date, or revert to the State.
Resolved that the fees on the Gore of Land Granted to Governor
Spooner, and others, be one shilling pr- acre to be paid in hard money
within one Month or Revert to the State.
In Council June 18th- 1785.
Whereas by a Resolution passed in Council, October 16th- 1784, dis-
charging John Fasset Junr- Esqr- from Certain papers which before that
Time, the said Fasset had held as Commissioner of Sequestration which
papers were the property of Certain Absentees, It has been Doubted
whether said Resolution might not be plead in discharge of any Action
brought against said Fassett by the Audittors of public accounts to compel
him to account, for all Moneys, Goods, Chatties or Estate he at any time
Recd- as Commissioner of Sequestration — The better to explain said
Resolution,
Resolved that said Resolution of Council passed the 16th- of October
1784 as aforesaid be and hereby is declared to be considered to opparate
no further in Law than a Receipt of the Certain papers therein Con-
tained, of which all Courts of Law are to Take Notice & Govern them-
selves accordingly.
End of June Term.
Attest, Joseph Fay, Secy-
THE NINTH COUNCIL
OCTOBER 1785 TO OCTOBER 1786.
Thomas Chittenden, Williston, Governor
Paul Spooner, Hartland, Lieutenant Governor.
Councillors :
Timothy Brownson
Moses Robinson, Benningion,
Peter Olcott, Norwich,
Benjamin Emmons, Woodstock,
John Fassett, jr., Cambridge,1
Samuel Fletcher, Townshend,
Thomas Tolman, Arlington, Secretary.
Ira Allen, and Amos Throop, Sec. pro tempore.
John Throop, Pomfret,
Thomas Porter, Tinmouth,
Thomas Murdock, Norwich,
Samuel Safford, Bennington,
Nathaniel Niles, West Fairlee,
Samuel Mattocks, Tinmouth.
BIOGRAPHICAL NOTICES.
Nathaniel Niles was born in South Kingston, R. I., April 3 1741;
commenced a collegiate course at Harvard, and completed it at New
Jersey College in 1766; taught awhile in New York city; studied law,
medicine, and theology, the last under the Rev. Dr. Bellamy; resided
and preached for a time at Norwich and Torrington, Conn.; and settled
in Fairlee, Yt., [West Fairlee after 1797,] in 1779, where his various ac-
complishments were highly useful. At Norwich he distinguished him-
self as an inventor, having succeeded in discovering a process of making
wire from bar-iron by water-power, and connected with this business the
manufacture of wool-cards. He was also a poet, writing in October
1775, and in February 1776 publishing in the Connecticut Gazette, the ode
entitled the American Hero,2 which has in recent days been character-
1 Judge Fassett removed to Cambridge in the summer of 1784.
2 See Miss Hemenway's Poets and Poetry of Vermont, revised edition;
also her Vt. Historical Magazine, Vol. n, p. 911 ; and Duyckincks' Cyclo-
paedia, Vol. I, p. 440.
Governor and Council — October 1785. 77
ized as " one of the finest and most popular productions of the war " of
the revolution. This ode was set to music by Kev. Dr. Sylvanus Eipley,
and was almost universally sung in the churches and religious assem-
blies of New England, and became the war-song of her soldiers.1 The
other published works of Mr. Niles were four discourses in 1773, on
secret prayer; in 1774 two discourses on confession of sin and forgive-
ness, and two on the perfection of God, the fountain of good; and in
1809, a sermon on vain amusements, and a letter to a friend. Mr. Niles
at once found himself a leading man in the neighborhood of his Ver-
mont home; and from 1784 until 1815 he was almost constantly in the
service of the public as town Kepresentative, state Councillor, member
of the Council of Censors, delegate in Constitutional Conventions, Mem-
ber of Congress, [with Israel Smith, one of the first representatives of Ver-
mont in 1791,] and Judge of the Supreme Court. Nevertheless the multi-
plicity of civil duties did not prevent religious duties, and it is recorded
to his credit that for twelve years he preached at his own house, or in
other private dwellings. He was thus true also to his lineage, having
been a grandson of Samuel Niles, the famous minister and author of
Braintree, Mass. Judge Niles married, first, a daughter of Kev. Dr.
Joseph Lathrop of West Springfield, Mass.; and, second, Elizabeth
Watson, daughter of William Watson, Esq., of Plymouth, Mass., a lady
who corresponded with the most eminent philosophers and theologians
of England, and whose writings " are models of eloquence and beauty,
^nd bear the impress of an earnest and devoted evangelical spirit." 2
The first wife bore one son and three daughters; and the last, two sons
and three daughters, none of whom are now living. Two of the sons,
William and Watson, were liberally educated and of considerable note;
and a third, Nathaniel, first born of the second Mrs. Niles, was a gentle-
man of culture who was long in the service of the United States as
charge d' affaires at Sardinia, secretary of legation under Gen. Cass at
the court of France, and acting plenipotentiary at the court of Austria.
— See Vermont Historical Magazine, Vol. n, pp. 907-911; Duyckincks'
Cyclopaedia of American Literature, Vol. I, pp. 440, 441; Drake's Diction-
ary of American Biography ; Allibone's Dictionary of Authors: Lanman's
Dictionary of Congress ; and Deming's Catalogue.
Samuel Mattocks came from Hartford, Conn., to Tinmouth, Vt., in
1778 or 1779, and first appeared in public service as one of the rep-
resentatives of Tinmouth, which office he held four years successively,
from 1781 to 1785; in 1785 he was a member of the Council, and was re-
elected in 1786 but declined; 1783 to 1788, and again in 1794, he was
*Rev. Dr. Ripley was Professor of Divinity in Dartmouth College,
1782-1787, and the father of Maj. Gen. Eleazer Wheelock Ripley of the
U. S. army, and of the wife of Hon. Nicholas Baylies of Montpelier.
a New York Observer, March 1859.
78 Governor and Council — October 1785.
assistant judge of Kutland county court; and chief judge in 1788-9, one
year; state treasurer from 1786 until 1800; and a member of the Coun-
cil of Censors in 1792. Thus it appears that he was constantly in public
offices for twenty years. His position as state treasurer for so long a
period indicates firm confidence in his ability and integrity. He was the
father of Gov. John Mattocks, who was the youngest son, and once
jocosely said, " My brother rode through college to the law, but I came
up afoot."— See Vermont Historical Magazine, Yol. I, pp. 367, 368; and
Deming's Catalogue.
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
SESSION WITH THE GENERAL ASSEMBLY AT WINDSOR,
October 1785.
In Council, Windsor, 13th October 1785.
Present His Excellency Thomas Chittenden Esqr-, His honor Paul
Spooner Esqr- L* Govr- Together with the Honble Members of Council.
Having appointed a Committee of Council to receive sort and count
the votes of the freemen for officers of Government for the year Ensu-
ing the following is their Report, viz4-
Windsor Thursday October 13th 1785.
To His Excellency the Governor, and Council, and the Honble General
Assembly.
The joint-Committee consisting of the Committees appointed from
the Council & General Assembly, to sort & Count the votes of the free-
men of this State for Governor Deputy Governor Treasurer and Council-
lors for the year ensuing, & declare the persons choosen Report, That
having Recd- sorted and counted the votes of said Ereemen, they find
the Election to be as follows; viz*- His Excellency Thomas Chittenden
Esqr- Gov1"- His honor Paul Spooner Esqr- L4- Govr- No choice of Treas-
urer. The Honorable Timothy Brownson, Moses Robinson, Peter 01-
cott, Thomas Moredock, Benjamin Emmons, Samuel Fletcher, John
Eassett Jur- John Throop, Thomas Porter, Samuel SafTord, Nathaniel
Niles, & Samuel Mattucks, Esquires Councillors for the Ensuing year.
Attest Moses Robinson, for Comtee-1
1 No account of election-day services is found. Rev. Asa Burton
preached the election sermon.
Governor and Council — October 1785. 79
Friday, October 14th 1785.
The Governor and Council proceeded to join the General Assembly
for Electing a Treasurer for the year Ensuing and the Ballots being ta-
ken the Honble Ira Allen Esqr- was Elected.
His Excellency the Governor & the Honble Council being present (ex-
cept Mr- Olcott & Mr- Mattocks) were duly sworn to office. The Council
then Keturned to the Council Room.
Eesolved that Thomas Tolman be and he is hereby appointed Secre-
tary to the Govr- & Council for the year Ensuing, and was accordingly
sworn.
A bill was recd- from the General Assembly appointing Mr Olin, Mr-
Strong, Mr- Knight, Mr- Wait, and Mr White a Committee to join a Com-
mittee from the Council, " to arange the necessary business of the pres-
ent Session & make report to this House," whereupon Resolved that a
Committee of three be appointed to join said Committee; Members
choosen Mr- Robinson, Mr- Eassett & Mr- Niles.
Resolved that the Council concur with the General Assembly, in
granting the Prayer of the Petition of Samuel Mattocks & David Spaf-
ford Administrators on the Estate of Daniel Edgerton, praying that the
said David Spafford be impowered to sell so much of the real Estate of the
said Daniel Edgerton Decd- as will pay the sum of £998 L Money for the
purpose of paying the Debts due from said Estate, together with the
necessary costs arising on said sale, and directing that a bill be brought
in accordingly.
An Act, entitled an Act impowering one of the Administrators of
Capt. Daniel Edgerton Decd- to sel real Estate of said Edgertons, having
passed the General Assembly was read & concurred.
Resolved that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on a petition signed John White,
praying that a Law be made to enable Joel Rose to execute Certain
deeds of Land mentioned in said petition. Resolved that Mr- Brownson
join said Committee.
Resolved that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on a petition signed Asa Wheeler
Town Clerk of the Town of Cavendish, praying that a Tax of two pence
on each acre of Land in sd- Town be granted for the purpose of building
a Bridge over Black river in said [town] &c. Resolved that [Mr.] More-'
dock join said Committee.
Resolved that the Council Concur with the General Assembly in
Granting the prayer of the petition of Aaron Scott, & Martha Doughlas,
praying that the said Aaron Scott & Martha Douglas be impowered to
sell so much of the real Estate of William Doughlas Decd- as will pay the
Sum of £59 L Money &c. & ordering that a bill be Brought in accord-
ingly.
An act, entitled an act empowering the administrators to the Estate
of William Doughlas (of Cornwal) to sell part of the Real Estate of said
Doughlas having passed the Gen1- Assembly was Recd- Read & con-
curred.
A petition signed Joel Walker, Jonathan Maltbee & sundry others
Inhabitants of the Town of Vershire praying that Doctor Thomas Por-
ter of said Town be appointed a justice of the Peace was recd- & read.
Resolved that Mr- Amos Fassett of Cambridge in the County of Rut-
land be and he is hereby appointed a Justice of the Peace in and for the
said County of Rutland for the time being, and that the Clerk of the
County Court for said County enter his name in commission of the
Peace of said County accordingly.
Adjourned to 2 °Clock P. M.
80 Governor and Council — October 1785.
Met according to Adjournment.
His Honor Paul Spooner Esq1'- Deputy Governor being duly sworn
took his seat in Council.
Kesolved that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on a petition signed William Shat-
tuck praying for a remission of £25 for which he stands bound & ob-
lidged to the State as a fine for his past Treasonable Conduct. Eesolved
that M1- Fletcher join said Committee.
Kesolved that a Committee be appointed [to join a Committee] from
the General Assembly on a Petition of the Selectmen of the Town of
Stamford in behalf of the inhabitants of said Town, praying the Grant
of a Lottery for the purpose of Opening a Eoad from said Town to Ben-
nington &c". Resolved that Mr- Fletcher join said Committee.
Resolved that this Council Concur with the General Assembly in
Granting the Prayer of the Petition of James & Ebenezer Ambler, Ad-
ministrators on the Estate of John Ambler late of Brandon Deceased,
praying Leave to sell so much of the real Estate, of the said Decd- as will
pay the Sum of £56 17 10 L Money together with the incidental char-
ges arising on such sale & ordering that a bill be brought in accordingly.
An act Entitled an Act intitled an act empowering the Administrators
of the Estate of John Ambler decd- to sell part of the real Estate of said
Ambler, having passed the General Assembly was Recd- and Read &
Concurred by Council.
Adjourned to 8 °Clock Tomorrow.
Saturday, October 15th 1785.
Met according to Adjournment.
Resolved that the Council Concur with the General Assembly in
Granting the prayer of the petition of Zadock Averist [Everest] & Ezra
Squire Administrators on the Estate of Odel Squire late of Ferrisburgh
deceased praying that the Honble Assembly enable them to sel so much
of the real Estate of the said Odel Squire deceased as shall be sufficient
to discharge the debts due from said estate as aforesd- being £111 17 1,
and giving leave that a bill be brought in accordingly.
An act Entitled an Act enabling Captain Zadock Averist and Ezra
Squire Admrs on the Estate of Odel Squire late of Ferrisburgh Decd- to
sell so much of the Real Estate of the said Odel as shall Ammount to
the sum of £111 17 1 together with Cost arising on said sale, having
passed the General Assembly was Recd- Read and Concurred.
Resolved that a Committee be appointed to join a Committee from the
General Assembly on the petition of Jonathan Childs praying for a New
trial in a Certain case with Joseph Kimball refered from October 1784 to
the present Session to hear the parties, state facts and make Report to
the General Assembly. Resolved that Mr- Brownson join said Com-
mittee.
Resolved that a Committee be appointed to join a Committee ap-
pointed from the General Assembly on the petition of Lois Button,
praying that the Granting fees of a Certain Right of Land now in pos-
session of the said petitioner be remitted and forgiven her, to take the
same under consideration state facts & make report. Resolved that Mr-
Emmons join said Committee.
The Honorable Ira Allen appearing in Council informed them that he
concluded to accept the office of Treasurer whereupon he was duly
sworn to that office.
On Motion ordered that Mr- Wiles have Leave to bring in a form of a
bill to be laid before the General Assembly to be passed into an Act for
Governor and Council — October 1785. 81
the purpose of more effectually securing such persons as purchase Lands
within this State.
A bill was recd- from the Council of Censors Impeaching Col0- Mat-
thew Lyon, "for refusing to diliver to ye order of this Board (viz.) the
council of Censors, the Records of Confiscation," and was read.
The Honblc Peter Olcott Esqr- attended Council was duly sworn and
took his seat.
Adjourned to 2 o'Clock P. M.
Met according to Adjournment —
And after the consideration of sundry Matters not of Record, Resolved
to Adjourn until 9 °Clock Monday next.
Monday, October 17 1785.
Met according to Adjournment.
The following Bill was Rec(L from the General Assembly & Read vizL
State of Vermont. In General Assembly, 17 Octr- 1785.
Resolved that the second thursday of November next be and is hereby
appointed a dav of public thanksgiving to be observed throught this
State, & that a Committee of two be appointed to wait on his Excellency
the Governor and* Request him to Issue his Proclamation accordingly as
soon as may be so that the several members may have a Coppy of said
Proclamation to carry home with them. Members choosen Mr- Bradley
& Mr White. Extract from the journals.
Signd: RosL- Hopkins, Clerk.
Wherefore Resolved that a Committee of Two be appointed to make
a draft for a Proclamation agreeable to the foregoing Bill. Resolved
that Mr Niles and Mr- Secretary compose said Committee.
Resolved that a Committee be appointed to join a Committee ap-
pointed from the Gen1- Assembly on the petition of Moses Robinson and
John Fasset Esqrs- praying for Relief and redress in the Matter of a
Loan of £543 12 0 made to the State by the said Moses Robinson thro
the hands of the said John Fassett. Resolved that Mr Niles join sd-
Committee.
Resolved that a Committee be appointed to join a Committee from the
General Assembly to take under consideration the 8th article in ar-
angement of business — " to take into consideration the mode of Grant-
ing County [Taxes]" and report thereon. Resolved that Mr- Niles join
sd- Committee.
Resolved that a Committee be appointed to join a Committee ap-
pointed by the General Assembly to take under consideration the 7th
article in the arangement of business which is "to make some regula-
tion for the payment of debts due from Confiscated Estates." Resolved
that Mr Safford join said Committee.
Resolved that a Committee be appointed to join a Committee ap-
pointed from the General Assembly viz1- Mr- Knight, Mr- Olin, Mr- Knoul-
ton, Mr- Chipman, & Mr- Speaker, to take under consideration the first
and second articles of the arangement &c— the first "to explain the
Law of the State Regulating Civil Actions" and the 2d "to make some
regulations in the mode of Commencing & prosecuting causes in Eror,"
& make report. Members choosen Mr- Robinson and Mr- Fasset.
The following order was Recd- from the G. Assembly:
State of Vermont. In General Assembly, ?
17th October 1785. $
Ordered that tomorrow at the opening of the House in the afternoon
be assigned to choose Judges of the Supreme Court, And that His Ex-
7
82 G-overnor and Council — October 1785.
cellency the Governor & Council be informed of this Resolution, and
that they be Requested to Attend at that Time. x
Extract from the journals. Signed RosL- Hopkins, Clerk.
Adjourned to 2 °Clock P: M:
Met according to Adjournment.
On Motion ordered that Tomorrow Morning 10 °Clock be assigned for
the Trial of Colonel Mathew Lyon on the impeachment ordered by the
Council of Censors; & that a Copy of this order be Transmitted to the
General Assembly (now sitting) by the Secretary, that they have oppor-
tunity to give necessary order to the prosecution of said cause.
An act, entitled an act to enable Joel Rose Administrator on the Es-
tate of Samuel Rose late of Manchester deceased to give a deed of Land
therein directed (200 acres) having passed the General Assembly was
Recd- read and Concurred.
A petition signed Abel Geer praying for a pardon and Remission of
that part of his sentence passed by the Supreme Court at their Session
holden at Bennington on the 4th Tuesday of August last, which deter-
mines him to Servitude for Life, was reced- from the General Assembly
and Read. The Petition was originally directed to the General Assem-
bly, and being void of Suitable Expressions of Penitence, ordered that
the same be dismissed.
Resolved that a Committee of three be appointed to join a Committee
appointed from the General Assembly consisting of the following Gen-
1 Oct. 14, the Assembly adopted the following rules, one of which
seems to relate to elections in joint Assembly, and another to the privi-
leges of the Governor and Council:
1st. — That every member and Spectator be subject to the rules of the
House.
2d — That the doors of the House be open to all Spectators who be-
have themselves orderly, except the interest of the State require the
same to be shut.
3diy. — That the officers of the House attend punctually at the times of
adjournment on penalty of being reduced to private stations.
4thiy. — That no member being absent at roll call take his seat without
liberty from the House.
5thiy. — Anv member who is absent after roll call without leave of the
house more than fifteen minutes at one time shall be subject to the like
penalty — and if such member continue absent for one day or more shall
be liable to be expelled the house.
gthiy. — That no member speak in the House without leave of the
Speaker of the House.
7thiy. — That no member shall speak more than twice on one subject
without leave of the House.
gthiy. — That no member make any nomination until such nomination
be called for by the Speaker — And that the Speaker put every motion to
vote which is seconded unless withdrawn or objected to.
gthiy. — That no person who is not a member of this House (except the
Governor and Council) shall speak in the House without first obtaining
leave by [through] a member of the House.
The above rules were reported by Nathaniel Chipman, and are here
copied from the manuscript Assembly journal. There are no printed
copies of the journals of Oct. 1785 and 178G in the possession of the State,
or known to be elsewhere.
Governor and Council — October 11 85. 88
tlemen viz1- Mr- Robinson, Mr- Chipman, Mr- Knoulton, Mr Safford, and
Mr Bayley, on the Memorial ot M> Elijah Paine, proposing the dona-
tion of £2000 L. Money, towards a College or university on Certain Con-
ditions and provisions; one of which is, that said College or university
he in the Township of Williams Town; to Take the Same under Con-
sideration & Report there opinion to the General Assembly. Members
ehoosen. His hon. Gov1-- Spooner, Mr Niles and Mr Robinson.
An act, Entitled an act, discribing the bounds of the County of Addi-
son, having passed the General Assembly was Recd- Read and Concurred.
On Motion Resolved that Major Elias Buel be allowed the Term of
one year after the Township of Coventry be assertained by Survey for
the payment of the Remaining sum due as Granting fees on said Town-
ship without Interest.
Adjourned until Tomorrow 9 °Clock A. M.
Tuesday October 18th- 1785.
Met according to Adjournment.
Resolved that a Committee be appointed to join a Committee ap-
pointed frem the General Assembly viz4- Mr- Olin, Mr- Chipman, Mr
Knight, Mr- Marsh & Mr- White, on the Recommendation of the Council
of Censors for the Repeal of three Certain Acts, concerning the Survey-
ing of Town lines & cutting new Roads in the Northern part of this
State, passed October 22d 1782, February 26th- 1782, & October 23d 1783,
to Take the same into consideration and make Report to the General
Assembly. Members ehoosen, Mr- Fasset, Mr- Olcott & Mr- Robinson.1
Resolved that the Trial of Col0- Barret assigned to have been on this
day be postpooned to Thursday next.
According to yesterday's order the Council Resolved themselves into
a Court for the Trial of Impeachments, His honor the Deputy Gover-
nor in the Chair. The Trial of Matthew Lyon Esqr- came on," it being
on an Impeachment brought against him by the General Assembly for
" knowingly wilfully and corruptly refusing to diliver the Records of the
late Court of Confiscation to the order of the Council of Censors;" The
said Mathew Lyon being called to plead to said impeachment, plead not
guilty, & put himself on the Court for Tryal. Evidences were educed
for and against the prisoner, and after the Arguments made use of there-
from, & from the Nature of the cause the dicision was Submitted to the
Court.
Adjourned to 2 °Clock P: M:
Met according to Adjournment.
The Court proceeded to consider the cause for judgment, but for want
of Time for further deliberation, Adjourned to 8 °Clock Tomorrow
Morning.
Wednesday 19 October 1785.
Court met according to Adjournment, And resumed the consideration
of said cause for judgment, and after deliberation thereon came to the
following determination viz*- This Court consider and adjudge that the
said Mathew Lyon is guilty of the crime Alledged against him in the Im-
peachment, Therefore order that he diliver the Records of the late Court
of Confiscation to the Honorable the Council of Censors taking their
Rec1- And receive a reprimand from the president of this Court; And on
his neglect or refusal immeadiately to Attend to and Comply with &
1 The Council of Censors also condemned a fourth act, on cutting
roads, passed March 8 1784.
84 Governor and Council — October 1785.
perform the same, that he pay a fine of five hundred pounds L. Money
to the Treasurer of this State, and that he also pay cost of prosecution.
Adjourned to 2 °Clock P: M:
Met according to Adjournment.
The said Matthew Lyon Esqr- appeared in Court when the foregoing
Sentence of the Court was read, whereupon the said Matthew Lyon
Esq1-- moved the Court for a new Trial alledging as the reason lor his re-
quest, that his cause had not been rightly understood and defended be-
fore the Honble Court; the Court taking the same into consideration,
ordered that the said Mathew Lyon Esq^ be allowed a new Trial agree-
able to his request, And tha+ Friday next 10 "Clock in the Morning be
assigned for the said Trial to commence.
Court Adjourned until 10 °Clock Tomorrow.
Attest Thomas Tolman, Clerk.
Thursday 20th- October 1785.
Court met according to Adjournment.
His Excellency the Governor in the Chair.
The cause of Impeachment against Justice John Barret for Malad-
ministration in his office of Justice of the Peace was brought on accord-
ing to a former order of Council, the Council [counsel] on the part of the
General Assembly requested that the Trial might be postpooned on ace*-
of the absence of two witnesses, but Justice Barret by his Council object-
ing thereto this Court judging the objection to be insufficient, therefore
order that the Trial be had at this Time; The said Justice Barret appear-
ing and being called to plead to the impeachment which was read, plead
not Guilty. Witnesses were called, & sworn and proceeded to Testify ;
and after the Testimony of 22 for and against the said Justice Barret.
Adjourned until Tomorrow 9 °Clock in the Morning.
Friday, 21*- October 1785.
Met according to Adjournment,
And after hearing further evidence in the aforesaid cause, Adjourned
to Monday next 3 °Clock P: M: for further hearing in said cause.
Proceedings of Council October 19th- 1785.
Resolved that a Committee be appointed to join a Committee ap-
pointed from the General Assembly to take under consideration, and
make some order concerning the Glebe and society lands in this State,
being the 4th article in arangement of the business, and make report.
Members choosen Mr Saffbrd and Mr- Olcott.
The Governor and Council went to the General Assembly agreeable
to order & joined for the purpose of Electing Judges of the Supreme
Court & agents to Congress & Surveyor General, & the joint Ballots
being Taken for the Supreme Court, the Honble Moses Robinson Esqr-
was Elected chief Judge, & the Hon,)le Paul Spooner, John Fassett Jur
Thomas Porter, and Nathaniel Niles Esquires Assistant or side judges.
The Ballots being taken for Agents to Congress, The Hon,,le Moses Rob-
inson, Ira Allen & Stephen R. Bradley, Esqrs was Elected, And the
Honb,c Ira Allen Esqr- was Elected Surveyor General.
An Act for dividing the Town of Dorset into Two distinct Parishes,
having passed the General Assembly was Recd- Read & Concurred.
Governor and Council — October 1785. 85
An act entitled an act directing the sale of the Cannon on Mount In-
dependence, having passed the General Assembly was Recd- Read &
Concurred.
Resolved that a Committee be appointed to join a Committee ap-
pointed by the General Assembly viz4- Mr- Knoulton, Mr- Wait and Mr-
Chamberlain, on the 7th article in the Recommendation of the Council
of Censors, to Take the same under consideration & Report their Opin-
ion to the General Assembly. Members choosen his honr- Governor
Spooner and Mr- Olcott.1
Resolved that a Committee be appointed to join a Committee from
the General Assembly on the petition of Daniel Ashcraft of Guilford
praying for a free Pardon of all the offences he hath Committed against
the Government of this State, to Take the same under consideration,
state facts and Make Report to the General Assembly. Member choo-
sen Mr- Fletcher.
A Memorial from several Towns in the County of Rutland against the
present act for Quieting Ancient Settlers, was red- from the General As-
sembly— Read and sent back by Mr- Niles.
Adjourneti to 2 °Clock P: M :
Met according to Adjournment.
On the Motion of his Hon1-- Governor Spooner for Leave of absence
until Tomorrow ordered that the request be Granted.
Resolved that a Committee be appointed to join a Committee ap-
pointed by the General Assembly viz1- Mr- Olin, Mr- Higley, Mr- Knight,
M> Weld, & Mr- White, " To Take into consideration the Situation of
the several different hard money orders and Report their opinion" &c.
Members choosen Mr- Moredock & Mr- Niles.
Resolved that a Committee be appointed to join a Committee ap-
pointed from the General Assembly on the petition of a Number of the
Inhabitants of Ferrisburgh, praying for a Tax of 2d p1'- acre on all the
Lands in said Township for the purpose of Cutting Roads & building
Bridges in sd- Township, to take the same into consideration & make
Report to the Gen1- Assembly. Member choosen Mr- Porter.
Adjourned to 9 °Clock Tomorrow Morning.
Thursday 20th- [October] 1785.
Met according to Adjournment.
Resolved that a Committee be appointed to join a Committee ap-
pointed from the General Assembly viz4- [Mr.] Ormsby, Mr- Ward, M1
Knoulton, M1*- Wait and M1 • White, to take under their consideration the
Grant of Land made to Dartmouth College, and Moores Charity School,
& report their opinion wheather the said Grant can be located sooner
than is directed in the act granting the same. Members choosen Mr-
Moredock & Mr- Porter.
Resolved that the account Exhibited by Hough & Spooner Printers to
this State, for printing for the public from June 21> to September 14th-
inclusive 1785 to the am*- of <£33 18 0 be allowed, and that the Treas-
urer be directed to pay the same out of any one of the hard money Taxes.
A Proclamation was passed, for a day of public thanksgiving; and or-
dered to be sent to the printers and that they print 200 Copies. The
Coppy of said Proclamation ordered to Lie on the Files.
1 The Council of Censors proposed the repeal of so much of the act
of Oct. 22 1779 as empowered the Governor, Council, and General As-
sembly to hear and determine causes in equity.
86 Governor and Council — October 1785.
Resolved that a Committee be appointed to join a Committee ap-
pointed from the General Assembly viz1- M1- Olin, M1'- Ward, M1- Knight,
Mr- Wait, and Mr- Blodget, on the Petition of Elijah West, praying for
some way to be divised & adopted to Relieve him in the ease of a certain
Deed of his Estate being given & Recd- from Watts Hubbard to Benajah,
David, Elisha & Mary West children of the said Elijah, to consider the
same, state facts and make Report; Member choosen Mr- Niles.
Resolved that the Council concur with the General Assembly in Grant-
ing the prayer of the petition of Asa Robinson of Dudley in the County
of Worcester, in the Commonwealth of Massachusetts, administrator on
the Estate of Joseph Chamberlin Late of Douglas in said County De-
ceased, praying Liberty for the Sale of so much of a certain Right of
Land in the Township of Townsend in this State the property of said
Chamberlin at his Decease, as will pay the sum of <£16 8 2 Debts due
from said Estate exceeding the personal Estate of said Chamberlin, To-
gether with cost.
An act entitled an act to Enable Asa Robinson Admr- on the Estate
of Joseph Chamberlin late of Doughlas in the County of Worcester
commonwealth of Massachusetts, having passed the General Assembly
was Recd- Read and Concurred.
Resolved that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on the further consideration of the
Petition of the Inhabitants of the County of Rutland against the pres-
ent quieting ancient settlers so called &c. report their opinion to the
General Assembly; Members choosen. Mr- Robinson, & His Honour
Paul Spooner Esq1'-
Resolved that the Council concur with the General Assembly in grant-
ing the prayer of the petition of Mary Hide Administratrix on the
Estate of Timothy Hyde late of Poultney deced- praying for Liberty to
sel such part of the real Estate of said deceased as will pay the sum of
£22 3 1 L. Money Together with necessary cost, and in ordering that
leave be given for a bill to be brought in accordingly.
An act, Entitled An act empowering the Administratrix on the Estate
of Timothy Hyde to sell real Estate &c. having passed the General As-
sembly was Recd- Read and Concurred.
Resolved that this Council concur with the General Assembly in ac-
cepting the Report of a Committee on the petition of Lucretia Hough-
ton Administratrix on the Estate of Edward Houghton late of Guilford
decd- praying for the confirmation of a deed from Jonas Newton to the
said Edward Houghton, & in ordering that leave be given for a bill to
be brought in accordingly.
An act entitled an act confirming a Deed of a Lot of Land given by
Jonas Newton to Edward Houghton, having passed the Gen1- Assembly
was Recd- Read & Concurred.
Adjourned to 2 °Clock P: M:
Met according to Adjournment.
A verbal message was recd- from the General Assembly by Mr- Safford,
requesting His Excellency the Governor and Council to join the Gene-
ral Assembly in Grand Court of Chancery. The Governor & Council
joined accordingly, the particular cause to be heard being that be-
tween the proprietors of Wilmington and Draper.
Council returned and the afternoon was Spent on the Trial of Colonel
Barret.
Adjourned until Tomorrow 8 °Clock.
Governor and Council — October 1785. 87
Friday, October 21*- 1785.
Mel according to adjournment.
The Governor and Council went to the General Assembly agreeable
to order, when they reasumed the consideration of the Cause between
the Proprietors of Wilmington and Draper.
The Council [counsel] on the part of the Proprietors of Draper moved
that the Trial of the Cause be postpooned to the next Session of the Gen-
eral Assembly which was considered and overruled that the Trial of the
Cause be not postponed, and that the opening of the House of Assembly
this afternoon be assigned for the further consideration of this Cause.
Resolved that the Resignation of Mr- Tolman as one of the Committee
of pay Table be refered to the General Assembly for their acceptance,
and that the General Assembly be requested to Take it up as soon as
may be.
Afterwards the Council went to the House on the cause of Wilming-
ton & Draper, and on the plea of the Council for the Proprietors of Dra-
per to the Jurisdiction of the Court adjudged that said plea is insuffi-
cient to bar the further Trial of said cause.
An act entitled an act empowering His Excellency the Governor and
Council to Issue a Charter of Incorporation to the Trustees of Dart-
mouth College, and the President of Moors charity School for a Grant
of 23,000 acres of Land made by the General Assembly to the said Trus-
tees and president, June 14th- 1785, having passed the General Assembly
was recd- Read and the following amendments proposed viz*- " Provided
always that the said Charter be not made out until the Charters are
given out of all the former Grants, or all the Lands previously Granted
be laid out according to the true intent and Meaning of the Respective
Grants thereof."
Resolved that a Committee be appointed to join a Committee ap-
pointed from the General Assembly on the petition of Penuel Deming
of Wilmington praying that an ace*- for sustaining, nursing, &c. a cer-
tain David Brownson, to the ammount of £16 6 9 be allowed. Member
choosen Mr Emmons.
Resolved that a Committee be appointed to join a Committee ap-
pointed from the Gen1- Assembly on the petition of Luke Knoulton Esqr-
praying for a Grant of 10,000 acres of Land. Member choosen Mr. STiles.
Resolved, that a Committee be appointed to join a Committee from
the General Assembly on the petition of John Hawkins in behalf of the
Inhabitants of Bridge water praying for a Tax of Two pence on the acre
of all the Lands in said Township for Building Bridges Cutting roads
&c. Member choosen Mr- Porter.
Resolved that a Committee be appointed to join a Committee ap-
pointed from the Gen1- Assembly on the petition of William Smead
praying for the authentication of a Certain Deed not acknowledged by
the Grantor (Israel Curtis.) Member choosen Mr- Safford.
Resolved that a Committee be appointed to join a Committee ap-
pointed from the Gen1- Assembly on the Petition of James Aikin pray-
ing for the Grant of the farm he lives on in a Gore between Corinth and
Moore Town containing about 300 acres. Member choosen Mr- Olcott.
Resolved that a Committee be appoind- to join a Committee appointed
from the Gen1- Assembly to Take under consideration the proceedings
of the Court of Confiscation, the Commissioners of Sales and Sequestra-
tion, and the State of the Titles of those who have purchased confisca-
ted Estates, state facts and make report, the Assemblis Committee Mr-
Shumway, Mr- Chip man, Mr- Knoulton, Mr- Tilden, & Mr- Loomis. Mem-
bers of Council His Honor the Deputy Govr- & Mr- Robinson.
Adjourned to 8 °Clock Tomorrow Morning.
88 Governor and Council — October 1785.
Saturday 22d- October 1785.
Met according to adjournment.
Resolved that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on the Petition of Joseph Foster,
and Aaron Barlow, Agents for the Town of Barnard, praying for an ad-
dition of Lands to be granted and added to said Town. Members
choosen Mr- Niles & Mr Robinson.
An act, entitled " An act granting a pardon to Daniel Ashcraft V hav-
ing passed the Gen1- Assembly was Recd- Read & Concurred.
An Act entitled an Act enabling the Selectmen of the Town of Cav-
indish to Levy a Tax of two pence on each acre of Land in said Caven-
dish (public rights excepted) tor the purposes therein Mentioned, having
passed the General Assembly was Recd- Read & Concurred.
Resolved that the amendments (proposed by the Governor & Council)
on the Act Granting Land to Dartmouth College &c, made yesterday,
be reconsidered, and in Lieu thereof the words, " Located and unlocat-
ed," be added.
Resolved that Monday next 3 °Clock P. M. be assigned for the further
consideration of the cause against Col0- Barret.
An Act, empowering the Administrators of the estate of Jedediah
Fay, late of Windsor deceased, to sell part of the real Estate of the said
Fay, having passed the General Assembly on petition for that purpose
was Recd- Read & concurred.
Whereas the Charter of Incorporation of the Township of Royalton
was Issued in the Absence of the Surveyor General, & without proper
Bounds from him, Therefor — Resolved, that the Surveyor General be
directed to resurvey the said Township of Royalton as near agreeable to
the original design of the Grant and the present wishes of the Propri-
etors as niay be, and lay the same before this Council in order for a New
Charter to be given accordingly. The Survey &c. to be at the Cost of
the proprietors.
Adjourned to 2 °Clock P: M:
Met according to adjournment.
After consideration of sund^- Matters of business Adjourned to 8
"Clock Mondav next.
Monday October 24th- 1785.
Met according to Adjournment.
Resolved that the following be the bounds of Cambridge* and that a
Charter be made out accordingly in lieu of one that has been before
given viz4- " Begining at Underhil northwesterly Corner; Thence North
36 Degs- East six Miles, Thence south 54 degs- East six miles— Thence
south 36 degrees West to the Northeasterly corner of said Underhil,
thence Northwesterly in the line of Underhil to the bounds Began at."
Also that the following be the bounds of Fletcher agreeable to which the
Charter of said Township may be Issued upon application, viz*- Begin-
ing at the southwesterly Corner of Cambridge, which is the southeast-
erly corner of Fairfax, thence northerly in the easterly line of said Fair-
fax to the North Easterly Corner thereof, or to the line of Fairfield, thence
Easterly in the line of said Fairfield so far that to turn southerly, a par-
allel Line with the Easterly line of said Fairfax to the line of said Cam-
bridge— Then southerly in the line of Cambridge to the bounds begun
at, — will contain the Contents of six miles square & no more.
Also Resolved that the proprietors of Brownington shall have the
land Granted to them, bounded south on Sterling, East on Hyde Park,
Governor and Council — October 1785. 89
west on Cambridge, and to extend Nothwarly by extention of the East
line of Cambridge & the west line of Hyde Park (if need be) so far as
to Contain the whole number of acres Granted; And that the said Pro-
prietors have the same Right to the aforesaid Lands as they had to the
lands contained in their Grant, and no other or better.
A Bill was Rec(l- from General Assembly and read as follows, viz1.
In General Assembly October 24th- 1785.
The Proposals of the Council on the bill granting to President Whee-
lock, &c. being [read] were agreed to, and said bill, with the proposals
were read and passed into a Law of this State.
Signd- Roswell Hopkins, Clerk.
An Act, empowering the Administrators to the Estate of Samuel
Skinner late of Jamaica Decd- to sell part of the real Estate of the [said]
Samuel Skinner to the ammount of £35 — having passed the General
Assembly was recd- read and Concurred.
Resolved that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, viz1 M1 Olin, M' Ward, & Mr
Shumway, on the petition of Eliza Elliot Executrix to the late will and
Testiment of her husband Samuel Eliot Jur- Late of Boston deceased,
praying redress in the case of a Mortgage of an Estate in Brattlebo-
rough &c. to take the same into consideration, state facts and make re-
port to the General Assembly; Member choosen Mr- Fletcher.
Resolved that the Prayer of the petition of David Lamb of Halifax
praying for the remittance of a Certain tine laid on him, on a Judgment
of the Supreme Court of this State held in the County of Windham for
his Treasonable conduct against the authority of this Slate, be granted,
and that the said tine be and hereby is remitted to the said Daniel Lamb.
A draught of an act for the purpose of Laying a Land Tax on the
Towns herein after mentioned Avas brought in by Col0- Allen and Read;
the same being approved by the Council, it was ordered to be Laid be-
fore the General Assembly for their Consideration.
Adjourned to 2 °Clock P: M:
Met according to Adjournment.
Resolved that Mr William Bigelow of Guilford be and he is hereby
appointed a Justice of the Peace within and for the County of Wind-
ham for the time being; and all persons concerned will Take due Notice
hereof and Govern themselves accordingly. (Sworn.)
An Act, establishing a Certain agreement, made between the proprie-
tors of the Town of Addison & Panton, in the County of Rutland, hav-
ing passed the General Assembly, was recd- read & Concurred.
Resolved that three proprietors be added to the Township of Cam-
bridge, and that they pay each in hard money orders £10, and that the
following be the names to be entered in the Charter of said Township
now making out viz1- Thomas Porter, Thomas Murdock, and Fredrich
Hopkins, that the fees of three 3 Rights ammounting to .£30, be paid to
His Excellency the Governor, and he be requested to Receive and ac-
count for the Same in behalf of the late Committee for receiving Grant-
ing fees.
Resolved that Mr- Brownson be a Committee in lieu of Mr- Olcott on
the Petition ot [James] Aikin.
Mr- Robinson and Col0- Allen were requested to wait on the General
Assembly, and give the reasons of this Council against Concurring with
the General Assembly in An Act concerning Guildhall Corner, and a
Recommendation for Issuing a Charter to Captain Taylor immeadiately.
The Council being resolved into a Court for the final hearing and de-
termining the cause of Impeachment against Justice Barret, having
90 Governor and Council — October 1785.
before heard evidence, the Council now Attend to the pleas and argu-
ments deduced for and against the said Barret and [on] mature delibe-
ration in the cause, it is considered and adjudged that the said John
Barret Esquire is guilty of Mai-Administration in his office of Justice
of the Peace; & it is thereupon ordered that he the said John Barret
Esq1*- be suspended from the exercise of his said office of justice of the
peace within & for the County of Windham, until the expiration of six
months from IIth day of June last, and that he pay cost of prosecution.
Adjourned to 8 °Clock Tomorrow.
Tuesday 25th- October 1785.
Met according to Adjournment.
On Motion of Mr Fassett, Resolved that this Council will proceed at
this time to the Election of County officers for the New County of Ad-
dison for the time being, & afterwards on Motion ordered that said ap-
pointment be postponed for the present.
The draft of an Act Entitled an Act, to render more effectual several
acts passed by the General Assembly of this State to enable the Towns,
or persons in said Acts respectively named, to Levy and collect certain
specified Taxes on each acre of Land mentioned and discribed in said
Acts, was brought in by Mr Niles & read, and the same being approved
was ordered to be sent to the General Assembly for their consideration
in order that the same be passed into a Law of this State.
An Act enabling a Committee to Levy a Tax of one penny on Each
acre of Land in the Town of Woodford in the County of Bennington,
(public rights excepted,) for the purposes therein mentioned having
passed the General Assembly was recd- read and approved.
The following recommendation was sent to the Assembly, viz. This
Council taking into Consideration the Situation of the people inhabit-
ants of a Gore of Land between More Town & Corinth, do recommend
to the General Assembly to Grant said Gore to a Committee under
proper Regulations & Restrictions, that such Committee dispose of such
Lands to the Inhabitants & others and be accountable for the avails.
An act enabling the Selectmen of the toAvn of Stamford to Levy a
Tax of one penny on each acre of Land in sd town (public Rights ex-
cepted) for the purpose therein mentioned, having passed the General
Assembly was Recd- Read & Concurred.
An act for the purpose of Levying a Tax of two pence on the acre on
all the lands in the Town of Addison in the County of Addison, having
passed the General Assembly was recd- read and Concurred.
An act annexing the North part of Ira to Castleton, having passed the
General Assembly was recd- & read the 19th- Instant, and being now ta-
ken into consideration by this Council, it is proposed to the General As-
sembly, that it be not passed into a Law until a settlement be made con-
cerning the Granting fees of said Town or district of Ira.
Adjourned to 2 °Clock P: M:
Met according to Adjournment.
Resolved that Colonel Ira Allen be directed to accept the sum of £5
in public Securities of this State from His Excellency the Governor, &
thereupon discharge Nathan Woodbury that sum on the Granting fees
due from him, for his Right of Land in a Gore lying between Tunbridge
and Royaltou, and this Together with the said sum in States notes shall
be accepted from the said Colonel Ira Allen in a Settlement for the Fees
of said Gore, The cause of this having been that of a Mistake of that
sum made against the said Woodbury, & in favour of His Excellency in
the Case of the Granting fees of Brookfield.
Governor and Council — October 1785. 91
Resolved that a Committee be appointed to join a Committee ap-
pointed from the General Assembly viz*- Mr- Wait, Mr- Marsh, Mr Loomis
& Mr Kn mlton, to take under Consideration the Act passed last June
commonly called the quieting, prepare a bill thereon, and make report.
Members choosen His Honor the Deputy Governor and Mr Brownson.
The Council proceeded to the Election of County officers for the
County of Addison, and the following persons were Nominated and ap-
pointed for the Time being, viz*-
Judges of the County Court — John Strong, Esqr- Chief Judge ; Ira
Allen, Gamaliel Painter, William Brush, & Amos Fassett, Esqrs- Side
Judges; Honble John Strong, Esqr- J. Probate; Noah Chittenden, Esqr-
Sheriff.
Justices of the Peace— John Strong, Hiland Hall, Gamaliel Painter, Ira
Allen, William Brush, Ebenezer Allen, Alexander Gordon, Amos Fas-
sett, Zadock Averist, [Everest,] Benjamin Risley, Caleb Smith, and Ste-
phen Lawrence Esqrs.1
An act in addition to an act Intitled an act for Levying a Tax on all
the lands in Fairlee, for the purpose of repairing roads and making
Bridges, having passed the Gene al Assembly was recd- Read & approved.
Resolved that a Committee be appointed to join a Committee ap-
pointed from the General Assembly, on the recommendation of the
Council of Censors, for the. repeal of two Certain Acts passed last June, in
favour of Daniel Marsh [and Andrew Graham,] quieting them in the
possession of Certain Farmes, to take the same under consideration and
report their opinion. — Members choosen Mr Fletcher & Mr Porter.2
Resolved that the General Assembly be requested to join the Gover-
nor and Council in a Committee of Both Houses, as soon as Convenient
to the Assembly, for the consideration of the bill proposed to be passed
into an Act, to oblige Silas Hammilton, Amos Pebody and Eliphalet
Hyde to render an account for the Lands by them sold in persuence of
a Resolution of Assembly made the 25th- of February, 1779.
An act to authorize the Inhabitents of Pomfret to raise a Tax for the
purpose of building an House for public worship in said Town, having
passed the General Assembly was Recd- Read and approved.
Adjourned to 9 "Clock Tomorrow.3
1 The bounds of Addison county, then extending to the northern
boundary of the state, with the towns of Addison and Colchester as
half shires, were established at this session. The second section of the
act authorized the Governor and Council to appoint and commission the-
officers of the county for the time then being.
2 The first Council of Censors condemned these and many other acts
of the General Assembly, and recommended a repeal or amendment. —
See Slade's State Papers, pp. 510-544, for proceedings and address of this
Council.
3 From the Assembly Journal, Oct. 25 1785:
Resolved that his Excellency the Governor of this State be and is
hereby allowed £150 lawful money for his salary for the year ensuing
and the Treasurer of this State is hereby directed to pay the same oiit
of the hard money taxes.
92 Governor and Council — October 1785.
Wednesday 26 October, 1785.
Met according to Adjournment.
Resolved that Mr- Safford- be appointed a Committee in lieu of Mr-
Nilcs on Mr [Elijah] Wests petition.
The following Bill from the Gen1- Assembly was Recd- viz1-
In General Assembly Octor- 26, 1785.
The Bill originated in Council entitled an Act to Render more effect-
ual several'acts passed by the General Assembly of this State, to Enable
the towns, or persons named in said acts respectively to Levy and collect
certain Specified Taxes on each acre of Lands mentioned And described
in said acts was read and passed into a Law of this State without any
amendments. Signed- RosL Hopkins, Clerk.
Resolved that this Council will join the General Assembly in a Com-
mittee of the whole at the opening of the House this afternoon for the
further consideration of a bill proposed to be passed into an Act, to repeal
an Act, entitled an Art, to vacate all the proceedings of the Legislature
of this State, respecting the boundaries of Guildhaf in Orange County.
The draft of a bill to be passed into a Law Entitled uan Act for the
purpose of laying a Land Tax on the Town of K. Haven " was brought
in, read and approved, whereupon ordered that the same be sent to the
General Assembly tor their consideration in order that the Same be
Enacted into a Law of this State.
Resolved that it is the Sense of the Council that unless the House of
Assembly shall Recede from their last determination in the cause be-
tween Wilmington and Diaper, the Governor, Council & General As-
sembly in Capacity of a Court of Equity, can take no further Cognizenee
of said cause, as the Council are of opinion, that the House of Assem-
bly have the same Right now to Dismiss the said Cause, as they had at
first to determine they had a Right to Take Cognizenee of the Same.
Resolved that an Act for Levying a Tax of 2d- pr- acre on Ferrisburg,
be concurred with the addition of a paragraph drawn by Col0- Allen.
An act for the purpose of Levying a Tax of three pence on the pound,
having passed the General Assembly was recd- Read and Concurred.
An act for the purpose of Levying a Tax of one penny pr- acre on all
the lands in the Town of Hartland in the County of Windsor, having
passed the General Assembly was Recd- read and Concurred.
An act enabling the Selectmen of the Town of Bridgewater to Levy
a Tax of one penny half penny upon each acre of Land in said Town
(public Rights Excepted,) for the purpose therein mentioned, having
%passed the General Assembly was Recd- Read & approved.
Resolved that a Committee be appointed to tax the bills of Cost in the
Cases of Colonel Lyon & Justice Barret's Impeachments. Members
choosen Mr- Fletcher & M1- Porter.
A petition from Abraham Avery was read praying certain cost laid on
him by the Supreme Court to be remitted. Ordered that the said peti-
tion be dismissed.
The following Bill was recd- from the General Assembly viz*- [A reso-
lution of Oct. 24, recommending that the Governor and Council issue a
charter for about two thirds of a township of land between what was
then Lunenburgh and Concord to John Wheeler & Co. ; which was re-
considered on the 27th. A space was left in the Council Journal for the
insertion of the proper record, and was never filled.] Whereupon Re-
solved that His Excellency the Governor be requested to Issue a Char-
ter accordingly.
An act entittled an Act to repeal a Certain Clause in an Act entitled
an Act for Regulating fees, passed at Westminster October 17th- 1783,
Governor and Council — October 1785. 93
having passed the General Assembly was recd- Read, and the following
words proposed to be added viz*- " on the most direct Road from the
place of the residence of such Plaintiff or defendant to such Court."
A draught of An Act directing what money shall be legal Currency in
this State, and at what rate the same shall pass, was Sent to the General
Assembly for their consideration.
Agreeable to the order of this day the Governor and Council went to
the General Assembly in order to join in a Committee of the whole upon
the Act respecting the boundaries of Guildhal. The Governor &
Council proposed to the General Assembly that the said Act be laid over
to a future Session, which passed in the Negative. The Governor and
Council then proposed to join in a Committee of the whole on said bill,
and the question being put wheather the Assembly would join ; the
same passed in the Negative.
Resolved that the Debenter of Council for this Session be allowed out
of some' of the hard money Taxes, which is ,£86 8 8 and that the Secre-
tary Sign the Same.
An act forming a religious Society in Paulet having passed the General
Assembly, was recd- read & concurred.
Resolved that the Treasurer be directed to pay unto Israel Smith Esq1--
the sum of two pounds Twelve shillings & 4d- L. Money out of some of
the Hard Money Taxes, it being the Bill of Cost on the Trial of Colonel
Matthew Lyon on Impeachment.
The said bill of Cost is as follows, vizf-
The Impeachment £0 15 0"|
two Attorney fees 15s 1 10 0 j
one supoona 0 0 4 This bill was examined and
service 0 2 G [Taxed by the Honble Samuel
one Travel six Miles 0 10
Attendence 1 day 0 3 0
Fletcher and Thomas Porter
Esqrs- by order of Council.
£2 12 4,
Attest, Thomas Tolman tSecv-
True Copy Exam'1- Joseph Fay Secy-
Adjourned to 8 °Clock Tomorrow.
Thursday 27th- October 1785.
Met according to Adjournment.
Resolved that the Draft of a bill brought in by Mr- Robinson in addi-
tion to an Act regulating proprietors Meetings be approved, & that the
same be laid before the General Assembly for their consideration, in
order that the same be Enacted into a Law.
An Act, directing the choice of Supervisors in the County of Wind-
ham, & declaring their Power and duty, having passed the General As-
sembly was rec(1- read and Concurred.1
An Act in addition to an Act entitled An Act for appointing &
Supporting Schools, having passed the General Assembly was recd- read
and Concurred.
1 This act required each town in Windham county to elect a supervi-
sor, and the board so constituted was empowered to fix upon a shire or
shires for the county. Newfane was selected to be the one shire town
forever, and this action was confirmed by the General Assembly.
94 Governor and Council — October 1785.
Resolved that the account of Cap*- Parmerly for Liquors furnished the
Companies of Horse and Foot on Election day being the Sum of £4 6 0,
be Allowed and that the Treasurer be directed to pay the same out of
some of the Hard money Taxes to the said Captain Parmerlee.
The Draft of the bill lessening the weight of the coined Copper in fa-
vour of Reuben Harmon Esq1-- was read & Sent to the General Assem-
bly for their Consideration.
The petition of Eleazer Sternes was read praying for Pardon and
Remittence of his punishment for being Aiding in counterfeiting Dol-
lars.
An Act to vacate the Record of a Deed on the Book of Records in the
Town Clerks office in the Town of Windsor, having passed the General
Assembly was reed- Read and Concurred.
An act against taking or Destroying white pine Timber, or any other
valuable Timber, having passed the General Assembly was recd- read
and Concurred.
Two Acts formerly specified as originating in this Council concerning
Coins & Currency, having passed the General Assembly was recd- read
and approved.
An Act to Continue in force the Laws of this State having passed the
House was recd- Read and Concurred.
A petition Signed Eleazer Sternes a prisoner in Bennington Goal dated
the 13th- Instant was recd- and read praying for a Pardon & remittence
of the Sentence of the Supreme Court holden at Bennington on the first
Tuesday of October Instant against him for having aided and assisted in
forging and Counterfeiting Spanish Milled Dollars, under which Sentence
he now lies in confinement. And the said petition having been consid-
ered and deliberated by this Council,
Resolved that the prayer thereof be granted and that the said Eleazer
Sternes be pardoned; and the Sheriff of the County of Bennington is
directed to Liberate said Eleazer upon his paying all Cost that has arisen
from his Trials and Confinement.
An act for the purpose of Levying a Land Tax on the Towns herein
after named, viz*- Colchester, Burlington, Williston, Essex, Jerico, Shel-
burn, Georgia, Swanton, and Highgate, having passed the General As-
sembly was Recd- Read & Concurred.
An act for the purpose of Levying a Land Tax on the Town of N.
Haven, having passed the General Assembly, was recd- Read & ap-
proved.
An act in addition to an act regulating Proprietors Meetings, having
first originated in Council, and passed in the General Assembly, was
recd- Read & approved.
A draft of a bill for an act, in addition to, and alteration of an Act en-
titled An act regulating Civil Actions, having been read and approved,
ordered that the same be laid before the General Assembly for their con-
sideration in order that it be enacted into a Law.
Whereas the Charter of Royalton was Issued in the Absence of the
Surveyor General, and it appears on a Correct Survey not to Comport
with the Instructions of Council, and the wishes of the people, therefore,
Resolved, that Joel Marsh Esqr-be and he is hereby requested to pream-
blerlate [perambulate) the lines of Royalton that were formerly run <fc to
Regulate the line between Royalton & Bethel, as near as may [be] to the
wishes of the proprietors of both Towns & make a return of such Sur-
vey with the Difference there may be between that & the lines run
under the direction of the Surveyor General to the Secretary of Council
the expense to be paid by those applying therefor.
Governor and Council — October 1785. 95
An act granting to Gideon Cowls of Farmington in the County of
Hartford and State of Connecticut &c. was recd- read & concurred. '
An act in addition to An act entitled an act regulating Sheriffs in
their office & Duty having passed the Gen1- Assembly was recd- read and
Concurred, with the addition that when the Sheriffs are directed to carry
Journals & acts, they be also directed to Carry Treasurers Warrants to
collectors of State Taxes on penalty, &c. as in sd- act is directed.
The act commonly called the quieting act was concurred with 3 small
amendments.
An act for authenticating a certain Deed therein mentioned having
passed the General Assembly was recd- Read & Concurred.
Resolved that the land that shall be found on the Survey this day al-
lowed to be made in the Town of Royalton, not yet paid for by the pro-
prietors, be paid for at the same price pr- acre that was given for the
Township Together with the Intrest thereof from the time of the other
payment, in Hard money orders of this State.
A Bill was Recd- from the General Assembly as follows viz1-
In Genekal Assembly, October 27th- 1785.
Resolved that there be and hereby is Granted unto Henry Moore &
Colonel John Taplin (as a Committee of trust) a Gore of Land bound-
ing between Corinth and Mooretown [Bradford,] and that the Gov- &
Council are hereby requested to Issue a Charter of Incorporation under
such regulations, reservations and restrictions & for such fees as may be
thot proper. Extract from the Journal.
Signd- RosLL Hopkins, Clerk.
Copy Examd- Joseph Fay, Secy-
The bill of Cost in the Cause of Col0- Barrets impeachment on the
Trial being Committed to Mr- Niles and Mr- Fletcher to examine & Tax,
[is] as follows to the amount of £11 19 0 viz1- [A blank left for items
on the record is not filled.]
An act was recd- for Annulling the Surveys of the Surveyor General,
& directing a discontinuation of such Survey8- whereupon the following
Resolution was passed in Council, viz1- that the Council Earnestly Rec-
ommend that the said act be laid over to the next Session of this As-
sembly.
The Governor & Council went to the General Assembly and joined in
a Committee of the whole upon the request of the Assembly, on the
foregoing Bill, and after debate thereon, and the question being put
wheather the consideration of the same l3e posponed and refered to a
future Session, it passed in the affirmative.
Adjourned to 7 °Ciock Tomorrow.2
1 This act permitted Cowles to appear and answer to Samuel Messer
of Windsor in a new trial, the latter having obtained judgment by de-
fault of the defendant.
2 This bill from the Assembly was a severe blow aimed at the Surveyor
General, Ira Allen. As early as Sept. 18 1783, a communication ap-
peared in the Vermont Gazette, which assailed Allen for the numerous
offices he then held — State Treasurer, Councillor, Agent to Congress,
&c, and Surveyor General might have been added,— his assailant argu-
ing that this was in violation of the constitution and otherwise improper.
The views of this writer were so popular that at the two next elections,
1784 and 1785, Allen failed as a candidate for Treasurer before the peo-
ple and was elected by the joint Assembly. At the election in 1785 he
96 Governor and Council — October 1785.
Friday October 28th- 1785.1
Met according to Adjournment.
Resolved that Ira Allen Esqr- be and he is hereby appointed Secretary
P Tempore.
Resolved that Thomas Porter of Vershire be and he is hereby ap-
pointed a Justice ol the Peace within and for the County of Orange for
the time being, & the Clerk of the County Court in & for the County of
Orange is directed to Enter his name in the Commission of the Peace
in said County accordingly.
Resolved that the Treasurer be directed to pay Daniel Taylor Esqr-
eight Pound six shillings & five pence b}T orders on the hard Money
Taxes, the same being over paid for Granting fees, for the Gore Granted
to John Wheeler and Company on account of said Grant being Moved
up the River.
Resolved that the Treasurer be & he is hereby directed to pay His
Excellency Thomas Chittenden Esqr- fifty pounds out of the Hard
Money Taxes in part of his Salary due to him.
Whereas the General Assembly of this State did on the 23d- of Feb? 1782
Grant to Jonathan [John] Wheeler & Company a Gore of Land about two
thirds of a Township six miles square bounding north on Luninburgh &
south on Concord as by said Grant may more fully appear, and Whereas
by reason of the Bounds of Luninburgh being yet unsettled it is inex-
pedient to Issue a Charter of Incorporation agreeable to said Grant, and
the proprietors of said Grant having instead thereof prayed a Charter
for the Gore herein after mentioned viz1- Begining, &c. [A blank left
on the record for boundaries was not tilled.]
It is therefore resolved that a Charter issue to said Wheeler and asso-
ciates for the Gore last mentioned, they having paid the Granting fees
for the same at £8 0 0 pr- Right for .42 Rights, & if after the bounds of
Lunenburgh be assertained the said Grantees shall Surrender their
Charter, and request another, agreeable to their former Grant, they are
to have it on paying 20s- pr- Right, in addition to the money already paid
for Rights of the Same Contents in quantity.
A Bill from the House:
In General Assembly October 27 1785.
Resolved that there be and hereby is granted unto Henry Moore and
Colonel John Taplin as a Committee of Trust, a Gore of Land bound-
ing between Corinth & More Town [Bradford,] & that the Governor &
was also omitted from the Council. The Assembly, on the last day of
the session of 1785, proposed the above bill, and a majority persisted in
it until they were overruled in Grand Committee. Remarkable facts in
the case are, that less than half of the members from western Vermont
were present at the time, while three fourths of the eastern members
voted. The ayes on the proposition of the Council to postpone were 20
— ten western, and ten eastern votes, among the latter being Allen's
old associates, Stephen R. Bradley and Luke Knoulton; while the nays
were 23, and all eastern members but one. This result being ascer-
tained, the Governor and Council asked for a " Grand Committee " of
the two Houses, which determined to postpone.— See ms. Assembly
Journal, Vol. 3, p. 543.
1 The Assembly adjourned on the 27th, the Council remaining for ex-
ecutive business.
Governor and Council — January 1786. 97
Council are hereby requested to Issue a Charter of Incorporation, under
such regulations, reservations, and restrictions & fees, as may be thot
proper. Extract from the Journal.
Signd. Roswell Hopkins, Clerk.
Whereas the Legislature did on the 27th- ins*- Grant a Gore of Land
east of Corinth to Henry Moore & Colonel John Taplin as a Committee
of Trust, And Whereas there are a Good Number of Families Settled
on said Land; that the Good intentions of the Legislature may not be
violated, in Regard to quieting the Inhabitants settled on said Lands,
and that the State be benifited by a reasonable acknowledgment for the
Fee of Land,
Resolved that his Honor Nathaniel Niles Esqr- Major John Barron, &
Benjamin Bawldwin Esqr- be and they are hereby appointed a Commit-
tee of Inspection, and that the Charter of said Land be made out &
Lodged with said Committee of Inspection, that they give a bond of
£1,000 to fulfil the following Instructions viz*-
(instructions.)
That said Land on an average be not less than one shilling on each
acre — That the Settlers on said Land be confirmed in the lands they
have purchased under the New York Claim by deed from the Commit-
tee of Trust — that the other Inhabitants have their Claims adjusted by
the Committee of Inspection & have deeds so as to include their im-
provements and a reasonable Tract of Wood Land contiguous to their
Improvements — that the remaining part of said Land be deeded to such
persons as the Committee of Inspection may direct. That all persons
paying money for said Lands pay the Same to the Committee of Inspec-
tion, & that the\ pay the Same to the Treasurer. That the Treasurer
be & is hereby directed to appropriate so much of the money as to
Take up a note for money Borrowed in Philadelphia by the Agents of
this State when attending on Congress, being about forty pounds. That
the remaining part of said money be dilivered to the Surveyor General
for the express purpose of purchasing Stores to carry into effect the Sur-
vey of Town lines agreeable to Law. That the Money be paid to the
Treasurer on the first day of February next.
Adjourned without day.
The End of October Session 1785.
Records Examd- Thomas Tolman, Secy-
Joseph Fay, Secy-
Arlington 27 January 1786.
The Commissions of Addison County Issued &> dated October 25th-
1785 viz*- Justices & Sheriff. The order of the Justices in the Commis-
sion are as follows:
Ira Allen, John Strong, Stephen Lawrence, Ebenezer Allen, Alexan-
der Gorden, William Brush, Gamaliel Painter, Hiland Hall, Amos Fas-
sett, Caleb Smith, Benjamin Risley, and Zadock Avrist [Everest]
Noah Chittenden Sheriff.
Arlington January 27th- 178G.
Noah Chittenden Esq1"- Sheriff of Addison County as principle, and
His Excelleney Thomas Chittenden Esq1"- & Mr- Joseph Dagget sure-
ties, appeared & acknowledged themselves jointly recognized to the
Treasurer of this State in the penal sum of Two thousand pounds L.
8
98 Grovernor and Council — March 1786.
money, for the payment of which sum they acknowledge themselves
firmly held & oblidged. Conditioned in the following manner, That if
the above bounden Noah Chittenden shall faithfully execute and perform
the duty of a Sheriff in and for the County of Addison as aforesaid so
that no damage be sustained to the public or any Individual on ace*- of
his unfaithfulness in his said office while he may remain in said office by
virtue of his present appointment, then this Obligation to be void, oth-
erwise to remain in full force and virtue.
Attest, Thomas Tolman, Secy-
The said Sheriff sworn by His Excellency the Governor and Certifi-
cate Given by Thomas Tolman Sec^-
Kecord Examined. Joseph Fay, Secy-
Sundry orders drawn on the Treasurer in favour of His Excellency
Governor Chittenden at different Times from the 28th- November 1785
to October 10th- 1786 to the amount of .£50, on the hard money Taxes
agreeable to a Resolution of Council in October last.
The last entry was not made, of course, until subsequent to Oct. 10
1786. It was probably misplaced in copying the original minutes into
the records.
RECORD OF THE GOVERNOR AND COUNCIL
AT A
SPECIAL SESSION AT WINDSOR, MARCH 25-29, 1786.
At a Meeting of the Governor and Council by special appointment
Held at Windsor March 25th- 1786.
Present His Excellency Thomas Chittenden Esqr- Govr- His Honor
Paul Spooner Esqr- L. Govr> & the Honble Peter Olcott Benjamin Em-
mons Thomas Murdock John Throop Thomas Porter and Samuel Mat-
tocks Esqrs- Members of Council.
The SecJ- not being present, Amos Throop was appointed Sec?- P.
Tern. — and sworn according to Law.
Resolved that Thomas Porter and Samuel Mattocks Esqrs- be appointed
a Committee to Examine the accounts of James Whitelaw & Col0 Ben-
jamin Wait Exhibitted by the Surveyor General.1
1 The name of Gen. James Whitelaw, of Ryegate, for many years
Surveyor General, appears erroneously in the records of both houses,
sometimes as "Whitlow" and at others as " Whitlaw." Other erroneous
names appear in the records of the Council, to wit: " Andrews " for An-
drus, "Averist " for Everest, " Bailey " for Bayley, •• Levingsworth " for
Leavenworth, " Mattucks " for Mattocks, " Mervin " for Marvin, " More-
dock " for Murdock, and "Payne " for Hon. Elijah Paine of Williams-
Governor and Council — March 1786. 99
Resolved that Peter Olcott and Thomas Murdock Esquires be ap-
pointed a Committee to Examine the accounts of Samuel Moore Exhib-
ited by the Surveyor General.
Resolved that Paul Spooner Esqr- Benjamin Emmons, & John Throop
Esqr- be appointed a Committee to Examine sund>- accounts Exhibitted
by the Surveyor General.
Adjourned to 2 °Clock P. M.
Met according to Adjournment And Adjourned to 8 °Clock Monday
next.
Monday, March 27th- 178G.
Met according to Adjournment, and Adjourned to 2 °Clock P. M.
Met according to Adjournment and Adjourned to 8 "Clock Tomorrow
Morning.
Tuesday, March 28th- 1786.
Met according to Adjournment, and Adjourned to 2 °Clock P: M.
Met according to Adjournment.
Resolved thatMr> Amos Brownson of Willyston be and he is hereby ap-
pointed a Justice of the Peace within & for the County of Addison, and
the County Clerk in & for said County is directed to Enter his name
in the Commission of the Peace for said County for that purpose.
Resolved that Jonathan Bell Esq1-- be and he is hereby appointed
Sheriff in and for the County of Rutland for the time being.
Resolved that the Treasurer be & he is hereby directed to pay to John
Knickerbakor [Knickerbacor,] Esq1'- the sum of £96 out of the hard
money Taxes for his services in assisting the Treasurer as a Clerk from
the second day of October 1784 to the second day of October 1785.
Having Liquidated the accounts Exhibitted by the Surveyor General
for runing Town lines, Cutting roads, &c. Resolved that the following
sums annexed to each respective Town be assessed equally on the Sev-
eral proprietors for defraying said Expenses, viz*-
Norwich £24 7 9, Sharon 24 7 9, Thetford 24 7 9, Strafford 24 7 9, Fair-
lee 27 7 9, Moore Town [Bradford] 30 7 9, Corinth 50 2 9, Newbury 27 7
9, Topsham 27 7 9, Tunbridge 24 7 9, Royalton 24 7 9, Bethel 24 7 9,
Rochester 24 7 9, Randolph ^24 7 9, Brantree 24 7 9, Roxbury 24 7 9.
Vershire 27 7 9, Washington 58 11 9, Williams Town 26 7 9, Orange 42 7
9, Brookfield 24 7 9, Turnersburg11 [Chelsea] 24 7 9— [Total] £634 9 6.
Adjourned to 8 °Clock Tomorrow.
Wednesday 29 March 1786.
Met according to Adjournment.
Whereas by a Resolution of the General Assembly passed October
27th. 1785^ Mr- Henry Moore and Colonel John Taplin \vere appointed a
Committee of Trust in the Grant of a Gore of Land bounded between
Corinth and Moore Town, [Bradford,] under such regulations, restric-
tions, & fees as may be thot proper, which regulations not being com-
plied with as directed by the Governor & Council; Therefore this Coun-
cil Take the forfeiture, whereupon, Resolved that the Honorable Na-
town. The last is the most important to be given correctly, as otherwise
it might be confounded with Hon. Elisha Payne of Lebanon, N. H., who
figured largely in the preceding volumes. The editor will endeavor to
give the correct readings of these names, and omit the erroneous.
100 Governor and Council — March 1786.
thaniel Niles, Major John Barron, & Benjamin Bawldwin Esqr- be and
they are hereby appointed a Committee of Trust, & that on their return-
ing a Charter of said Land given to said Moore & Taplin & Lodged with
said Niles, Barron and Bawldwin as a Committee of Inspection, and
giving a Bond to the Treasurer conditioned for £1,000 to fulfil the In-
structions hereafter annexed, that they receive a Charter of said Gore
in due form.
INSTRUCTIONS.
That said lands on an average be not less than one shilling & Six
pence on each acre, that the Settlers on said Lands be confirmed in the
Lands they have purchased by deeds from said Committee, and that the
Inhabitants of said Gore be confirmed in their possessions, with a proper
quantity of wood Lands contiguous to their Improvts- & in case of an}r
disputes arising between any of said Inhabitants respecting said posses-
sions, &c. on said Lands, that the Same be adjusted in equity by said
Committee, and deeds given accordingly. And that the remaining part
of said Lands be sold to such persons, as said Committee may think proper
that will pay for the Same. — That the Committee pay for said Lands at
the rate aforesaid in neat Cattle at Cash price at the Dwelling House of
Major John Barron in More Town, [Bradford,] on or before the Tenth
day of June Next. — That Colonel Ira Allen receive the Same & appro-
priate so much of said payment as to raise Money to discharge a Debt
for Money Borrowed in Philadelphia by the Agents of this State when
Attending on Congress, being about Forty Pounds, and that the remain-
der be appropriated to Carry into effect the Survey of Town lines, And
that said Allen be accountable for what he may Keceive as aforesaid.
Resolved that Wednesday the 26th- Day of April Next be recommended
to be observed Throughout this State as a Day of public Fasting &
prayer, to Almighty God: And that His Excellency the Governor be ad-
vised and requested to Issue his Proclamation for that purpose.
Resolved that the Debenter of Council for this present Session be al-
lowed & paid out of some of the Hard money Taxes, to the Am1 of
.£22 8 0 and that the Secretary Sign the same.
Resolved that the Treasurer be & he is hereby directed to pay Mr
Elijah West of Windsor for the use of his Room firewood &c. for the use
of Council this Session, the Sum of one pound out of some of the hard
Money Taxes.
Adjourned without Day.
Jonathan Bell Esq1-- Principle, and Nathaniel Niles Esqr- & Col0- John
Spafford Sureties, appearing acknowledged themselves jointly & Sever-
ally recognized and firmly bound & oblidged to the Treasurer of this
State in the Sum of Two thousand pounds L. Money, & that for the
faithful payment of the same sum they and their Heirs are jointly, sev-
erally, & respectively firmly bound, Conditioned in the following man-
ner, viz*- That if the above bounden Jonathan Bell shall faithfully ex-
ecute & discharge the Duty of a Sheriff* within and for the County of
Rutland, so that no Damages be sustained to the public or any Individ-
ual on ace*- of his unfaithfulness in his said office while he may remain
in said office by virtue of his present appointment, then this obligation
to be void, otherwise to remain in full force and virtue.
Attest, Thomas Tolman, Secv-
Record Examd & compard-
THE TENTH COUNCIL.
OCTOBER 1786 TO OCTOBER 1787.
Thomas Chittenden, Williston, Governor.
Joseph Marsh, Hartford, Lieutenant Governor.1
Councillors :
Timothy Brownson, Sunderland
Peter Olcott, Norwich,
Jacob Bayley, Newbury,
John Fassett, Jr., Cambridge,2
Samuel Fletcher, Townshend,
Thomas Porter, Tinmouth,
Joseph Fay, Bennington, Secretary.
Isaac Tichenor, Secretary pro tempore
Thomas Murdock, Norwich,
Samuel Safford, Bennington,
John Strong, Addison,
Jonathan Hunt, Vernon,
Eben'r Walbridge, Bennington,
Isaac Tichenor, Bennington,5
BIOGRAPHICAL NOTICES.
Jonathan Hunt first appears in Vermont history as witness to a
deed made at Northfield, Mass., Aug. 13 1687, by sundry Indians, which
conveyed an area of land six miles by twelve, then within the limits of
Massachusetts, but which covered the present towns of Hinsdale, N. II.,
and Vernon, Vt. This may have been the grand-father of the Council-
lor, who was born in 1738, and assisted in the first clearing of land in
Guilford in 1758. In Nov. 1775, Major Jonathan Hunt was recom-
!Oct. 13 1786, there having been no election by the people, Paul
Spooner was elected in joint assembly; but he declined the office, and
on the 14th Joseph Marsh was elected, but did not enter upon the office
until Feb. 1787.
2 Councillor Mattocks resigned Oct. 14, having been elected State
State Treasurer, and, Oct. 21, Hon. John Fassett jr. was elected Coun-
cillor, in his place.
3 Benjamin Emmons was elected by the Council, Oct. 14, in place of
Nathaniel Niles resigned; but he declined, and, Oct. 21, Hon. Isaac
Tichenor was elected.
),0§ V. Biographical Notices.
mended to New York=as second colonel of the lower regiment in Cum-
berland [Windham] county, which office he declined. May 1777 he was
clerk of the town of Hinsdale, [Vernon,] and chosen a delegate for that
town.1 May 2 1780 he was appointed by the Yorkers a special messen-
ger to Gov. Clinton, who sent him to^Congress, and on the 23d Hunt
subscribed an affidavit to the fact that Vermont was about to enforce its
authority over the people of the New Hamphire Grants.2 In October
of the same year he was one of several leading Yorkers who instituted
measures for forming a new State comprising the territory lying between
the Mason line in New Hampshire and the ridge of the Green Moun-
tains. This resulted in the union of the eastern and western districts
with Vermont, which seems to have been satisfactory to Mr. Hunt, as,
June 15, 1781, he accepted from Vermont the office of sheriff of Wind-
ham county. In 1783, he represented Vernon in^he General Assembly;
was elected Councillor from 178G3 to 1794 inclusive, nine years, but Oct.
10 1791 he was elected Lieut. Gov. in joint assembly. He " prayed to be
excused the acceptance of his appointment," but on the 11th was pre-
vailed upon to accept. In 1795 he was elected to the same office by the
people. He was a member of the Vermont Convention of 1791 which
adopted the U. S.. Constitution. He died June 1 1823, aged 85 years.
Hon. Jonathan Hunt of Brattleborough, M. 0. from Vermont, 1827-
1832, was his son. — Eastern Vermont; Deming's Catalogue; and Thomp-
sons Vermont. It is stated in Thompson's first and last editions that
Jonathan Hunt was the first representative of Vernon in the Vermont
Assembly; the fact however is, that Gen. Arad Hunt was the first, he
having taken his seat April 5 1781, on the ratification of the union with
the eastern district. — See ms. Assembly Journal, Vol. 1, p. 371.
Ebenezf.r Walbridge was born in Norwich, Conn., Jan. 1, 1738,4
and came to Bennington, Vt., about 1765. In 1776 he served in Canada
as lieutenant in Warner's Green Mountain regiment, being adjutant of
the regiment; in 1777 he was adjutant in the battle of Bennington;
in 1778 was made lieutenant colonel of Vermont militia; in 1780
colonel, and was at Castleton and vicinity with his regiment in Oct. 1781,
on the threatened invasion by St. Jaeger, when he with other principal
1 Vol. i, pp. 368, 369.
2 Mr. Hunt held land under New York grants, and of course he ad-
hered to New York so long as he deemed it expedient. On the division
of the $30,000 paid by Vermont to New York, Mr. Hunt received
$948.23 asjhis share.
3 Mr. Hunt did not take his seat in the Council until the February
session in 1787.
4 Early History, p. 472. In Memorials of a Century, Bennington, p.
276, the date is Dec. 20 1738; which does not agree with the record of
ao-e on Gen. Walbridge's tomb-stone; viz. in his 82d year Oct. 3 1819.
Biographical Notices. 103
officers was entrusted with the secret of the Haldimand negotiations.
In Dec. 1781 he commanded the Vermont forces, before whom the New
York militia retreated, and subsequently was elected brigadier general.
Gen. Walbridge represented Bennington in the Assembly, 1778 and
1780, and served as Councillor ten years, from Oct. 1786 to Oct. 1796.
The inscription on his tomb-stone is as follows:
In memory of Gen. Ebenezer Walbridge, who departed this life Oct.
the 3d, 1819, in the eighty-second year of his age. He was an affection-
ate husband, an indulgent father, and a friend to all mankind. He died
in the full belief of a glorious resurrection in and through the atone-
ment of Jesus Christ our Lord.
The Walbridge genealogy has been traced back to the Walbridges
of Suffolk county, England, one of whom, Sir William de Walbridge,
greatly distinguished himself under Richard Coeur de Lion in the
fourth crusade to the holy land. Gen. Walbridge is described by Gov.
Hall as an enterprising business man, who was concerned in the erec-
tion of the first paper-mill in Vermont, in 1784. He was the grand-
father of Mary, wife of Gov. Washington Hunt of New York, and of
Hiram Walbridge, member of Congress from New York in 1853-5.
David S. Walbridge, born in Bennington July 30 1802, and member of
Congress from Michigan from 1854 to 1859, was probably a relative of
Gen. Walbridge. — Memorials of a Century, Bennington; Early History;
Vt. Hist. Mag., Vol. i ; Deming's Catalogue; and Lan man's Dictionary
of Congress.
Isaac Ticiienor was born in Newark, N. J., Feb. 8 1754, a grad-
uate of Princeton college in 1775, and while studying the law he was
appointed to the continental commissary department and assigned to
duty in New England mainly. In the discharge of his duties he came
to Bennington June 14 1777, and from that year his residence was in
Bennington except when absent on official duties. About the close of
the revolutionary war he commenced his professional business. He was
representative of Bennington in the Vermont Assembly from Oct. 1781
to Oct. 1785, and speaker in 1783; member of the Council from Oct.
1786 to Oct. 1792; judge of the Supreme Court five years from 1791, and
chief justice two years; and a member of the Council of Censors in
1792. He was U. S. Senator in 1796-7, when he resigned to take the
office of Governor; and again Senator from 1815 to 1821, in all seven
years. He was Governor from 1797 to 1807, and 1808-9, in all eleven
years. In 1782 he was sent on a mission to the disaffected in Windham
county, and not without effect, but the disease required heroic treatment
at last. He was elected Agent and Delegate to the Continental Con-
gress in 1782 and '83; and Agent in 1787-'88, and '89; and in 1790 he
was one of the Commissioners of Vermont who settled the protracted
controversy with New York. It is thus seen, that for thirty-eight out
of the forty-four years between 1777 and 1821, Gov. Tichenor was almost
constantly engaged in the service of the public, and for nearly all that
104 Biographical Notices.
time in the service of Vermont. The secret of his success is found in
the character which Governor Hiland Hall ascribed to him:
He was a man of good private character, of highly respectable talents,
and of accomplished manners and insinuating address. His fascinating
personal qualities acquired for him at an early day the soubriquet of the
" Jersey Slick," by which he was long designated in familiar conversa-
tion.— He was a federalist in politics, and his popularity was such that
he was elected governor several successive years after his party had be-
come a minority in the State.
Gov. Tichenor died Dec. 11 1838, in his 85th year, and left no descend-
ant. See Early History; Vt. Hist. Magazine, Vol. I ; Memorials of a
Century, Bennington; Deming's Catalogue; and Lanman's Dictionary
of Congress.
Governor and Council — October 1786. 105
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
SESSION OF THE GENERAL ASSEMBLY AT RUTLAND,
October, 1786.
State of Vermont. In Council, Rutland, 12th Octr- 1780.
Present His Excellency Thomas Chittenden Esq1"- Gov1-- His Honor
Paul Spooner Esq1-- L* Gov- and the following members of the Honble
Council viz* Honble Moses Robinson Esqr- Timothy Brownson Samuel
Fletcher Samuel Safford Benjamin Emmons Thomas Porter & Samuel
Mattocks Esqrsl
Resolved that the HonbIe Timothy Brownson, Samuel Fletcher,
Thomas Porter, Benjamin Emmons, Samuel Safford, and Samuel Mat-
tocks Esquires, be a Committee to join a Committee from the General
Assembly to receive, sort, and Count, the votes of the Freemen, for Gov-
ernor, Lieutenant Governor, Treasurer, & Twelve Councillors— and De-
clare the persons choosen for the year ensuing.
Resolved that Joseph Fay Esq1"- be and he is hereby appointed Secre-
tary to the Governor and Council for the year Ensuing.
In Council Thursday October 12 1786.
His Excellency Thomas Chittenden Esqr- was declared to be duly
choosen Governor over the State of Vermont for the Ensuing year.
There was no choice of Deputy Governor or Treasurer by the Votes of
the Freemen. The following Gentlemen were declared to be duly
choosen Councillors for the Ensuing year viz*-
Honblc Samuel Safford Esqr- Samuel Mattocks Thomas Porter Thomas
Murdock Samuel Fletcher John Strong Nathaniel Niles Jacob Bayley
Timothy Brownson Ebenezer Walbridge Jonathan Hunt Peter Olcott
Esquires.
Resolved that this Council be Adjourned until Tomorrow morning 9
°Clock.
Friday October 13th 1785, [1786].
Council met according to Adjournment.
The Governor and Council joined the General Assembly for the pur-
pose of Electing a L* Governor, & a Treasurer. The Ballots being
1 From the Assembly Journal, Oct. 12 1786:
Resolved that a Committee of three be appointed to wait on the Gov-
ernor and Council and inform them that the House have formed and are
ready to proceed on business. Members, Messrs- Brigham, Knoulton,
and Olin.
The Governor and Council having joined the House they proceeded
to the meeting house where the Rev'd Pelatiah Chapin preached an
election sermon agreeable to the request of the General Assembly at
their last Session,
106 Governor and Council — October 1786.
taken His Honor Paul Spooner Esqr- was declared to be Elected J> Gov-
ernor, & the Honble Samuel Mattocks Esqr- General Treasurer for the
Ensuing year.
His Excellency Thomas Chittenden Esqr- was duly qualified by taking
the necessary oath of office, also the following members of the Honble
Council viz*- Honble Timothy Brownson Esqr- Samuel Fletcher Thomas
Porter Samuel Safford, Samuel Mattocks & John Strong Esqrs-
Adjourned to 2 °Clock P: M:
Met according to Adjournment.
A Bill from the House was recd- appointing Mr Dewey, Mr- Marvin,
Mr Painter. Mr- Burt, Mr Brigham, and Mr Johnson, to join a Commit-
tee of Council to make an arrangement of the most necessary business
to be transacted during the present Session.
The Governor & Council joined the House for appointing Judges of
the Superiour Court. The Ballots being taken, the Honble Moses Robin-
son Esq1"- was elected chief judge; And the Honb,e Paul Spooner Esqr
was elected first side Judge. The Council and Assembly Agreed to
postpoon the appointment of the remainder of the judges until 9 "Clock
Tomorrow morning.
Adjourned to 9 °Clock Tomorrow.
Satujiday, 14th- October 1780.
Council met according to Adjournment.
Resolved that Mr Fletcher and Mr Strong join the Committee of the
House for arranging the business of the present Session.
The Governor and Council joined the General Assembly for the ap-
pointment of three side judges of the Supreme Court. The Ballots
being taken the Honble Nathaniel Niles Esqr- Nath1- Chipman & Luke
Knoulton Esqrs- was Elected.
A Letter was recd- from the Honble Nath1- Niles Esqr- purporting his
resignation as a member of Council, which [was] accordingly Accepted
by His Excellency the Governor; And the Honble Benjamin Emmons
Esq1-- was Elected as member of Council in his Room.1
Honble Samuel Mattocks Esq1-- being Elected Treasurer Resigned his
office as Member of the Council which was accordingly accepted.2
A Letter Signed Beza Woodward Secretary to the Trustees of Dart-
mouth College was read, Together with a Letter and Address to the
Governor Council & Legislature of the State of Vermont from the
Honble President Wheelock.
Council Adjourned to 9 °Clock Monday next.
1 Mr. Emmons declined, for the purpose of acting in the Assembly,
as representative of Woodstock, on the question of the public buildings
for Windsor county.
2 On the same day, the Assembly requested Ira Allen " to open and
continue the office of Treasurer during the present session,'1 and l- to
forward an express at the expense of the State for the necessary paper."
The Assembly adjourned Oct. 31, and on that day Allen signed an ad-
vertisement as treasurer, calling upon all persons having unsettled ac-
counts to settle the same before Jan. 1 1787. A long time elapsed before
Allen's accounts as Treasurer were settled and the papers of the office
transferred to his successor.
Governor and Council — October 1786. 107
Monday, 10th October 1786.
Met according to Adjournment.
The petition of Major William Goodrich was recd- praying to be dis-
charged from his debts, having been read in General Assembly and a
Committee appointed to join a Committee of Council,— Resolved that
Mr- Safford join the aforesaid Committee for the purposes therein men-
tioned.
Council Adjourned to 9 °Clock Tomorrow Morning.
Tuesday, 17th- October 1786.
Met according to Adjournment.
The petition of Isaac Miller Jur- William Miller and others, Inhabit-
ants of Dnmmerston, was read, a Committee from the House being ap-
pointed; Resolved that Mr Saftbrd join said Committee for the purposes
therein mentioned.
A motion from Thomas Chandler Esq1- being made in the House, & a
Committee appoint*1- to join a Committee of Council, to Take into Con-
sideration a Suit at Law Commenced agai*- him for the Sale of a Lot of
Land in behalf of the public, Resolved that Mr Brownson join said
Committee.
A Bill from the House was recd- appointing a Committee of six to join
a Committee of Council to take into consideration the 1L & 2d- article of
the arangement; Resolved that Mr- Strong and Mr- Safford join said Com-
mittee.1
A petition Signed Gideon Brownson was read, having been laid be-
fore the Assembly and a Committee appointed thereon to join a Com-
mittee of Council; Resolved that Mr- Fletcher join said Committee.
A petition Signed Joseph Farnsworth Com?- General was read, having
[been] laid before the House of Assembly and a Committee appointed
thereon to join a Committee of Council; Resolved that Mr- Safford join
said Committee.
Council Adjourned to 9 °Clock Tomorrow.
Wednesday, 18 October 1786.
Council met according to Adjourn-
On a bill from the House appointing a Committee to join a Commit-
tee of Council, to Take into eonsideration the State of the Militia, Re-
solved that Mr Safford join said Committee.
The Honblc Thomas Murdock, Peter Olcott & Jacob Bayley was duly
qualified and took their Seats in Council accordingly.
Resolved that Mr- Olcott & Mr Porter be a Committee from the Coun-
cil to join a Committee of the General Assembly to take into considera-
tion a Letter Signed Beza Woodward Secretary to the Board of Trust
for Dartmouth College — Also a Letter & address of Mr- President
Wheelock, to His Excellency, to be communicated to the Honble the
Legislature, — and make Report.3
1 These articles related to the supreme, county, and justice courts,
and resulted in an act defining and limiting the jurisdiction of justice
courts. — See Slade's State Papers, p. 506.
2 The letter of Mr. Woodward, as Secretary of the Board of Trustees
of Dartmouth college, was u a grateful expression and high sense " of the
beneficence of the State, and an introduction and commendation of the
108 Governor and Council — October 1786.
A petition from the Selectmen of Arlington praying for Relief by a
County Tax to maintain Bridges in said Town, having [been] laid be-
fore the House and a Committee appointed to join a Committee of Coun-
cil; Resolved that Mr- Brownson join said Committee.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
A petition of the Inhabitants of the County of Orange having been
laid before the House and Committed — Resolved that Mr- Murdock join
said Committee.
On a Bill from the House appointing a Committee to Take into con-
sideration the mode of Taxation, & the Expediency of Granting a State
Tax, Resolved that Mr Bayley and Mr- Fletcher join said Committee.
On a Bill from the House appointing a Committee to join a Oommu
of Council to take into consideration the mode of Granting a County
Tax, Resolved that Mr- Safford join said Committee.
A petition signed Luke Knoulton praying for a Grant of Ten Thou-
sand acres of Land, having been read in the House and a Committee
appointed to join a Committee of Council, Resolved that Mr- Brownson
join said Committee.
A petition Signed Benjamin Hinshaw [Henshaw,] and a petition
signed Peter Slone, [Sloane,] Throop Chapman, and others praying for a
Grant of Reedsborough, having been read in the House & Committed —
Resolved that Mr- Fletcher join said Committee on boath said petitions.
Council Adjourned to 9 °Clock Tomorrow.
address of President Wheelock. The last-named document suggested
to the State to sequester to the use of the college "a part of the public
[land] rights in the State, those only which were left to a society for the
propagation of knowledge in foreign parts;" in return for which the
college promised to educate Vermonters free of tuition- The president
also suggested that, if the State should establish a college, it might be
" joined in one band of union " with Dartmouth. The Assembly post-
poned consideration of these propositions, and ordered them to be
printed in both of the Vermont newsppapers. — See Vt. Gazette of Nov.
27 1786, and Vt. Journal of Jan. 1 1787. These propositions were criti-
cised as an attempt both to divert the glebe rights improperly, and to
prevent the establishment of colleges in Vermont; so severely criticised
as to provoke a sharp reply from President Wheelock. —See Vt. Gazette
of Feb. 26, 1787. March 3 1787, the Assembly " Resolved that the pro-
posals of President Wheelock made to this House in behalf of the Trus-
tees of Dartmouth College are such that they cannot be accepted." — Ms.
Assembly Journal, Vol. 3, pp. 145, 146. A proposition for a college at
Williamstown had been made by Hon. Elijah Paine and Cornelius
Lynde; and subsequently another by Ira Allen, Gov. Chittenden and
others, for a college at Burlington, which was accepted, and a charter
was granted Nov. 3, 1791.
Governor and Council — October 1786. 109
Thursday 19 October 1786.
Met according to Adjournment.
On a Bill from the House appointing a Committee to join a Commit-
tee of Council to take under consider" Eight petitions N°- 1, 2, 3, 4, 5, 6,
7 & 8, from different Towns, Resolved that Mr- Fletcher, Mr- Murdock,
Mr- Porter, & Mr- Bavley join said Committee.1 ■
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
A Request was recd- from the General Assembly for the Governor &
Council to join the House in a Committee of the whole to take under
consideration the dispute Relating to the Establishing the Court House
in the County of Windham. The proceedings of said Committee
Lodged in the files of the Assembly.2
An act passed the House & was Concurred by Council, prolonging the
time #of settlement in which the Grantees of Lands Granted by this
State* was allowed, allowing three years from the time the outlines have
or may be run by order of the Legislature.
Council Adjourned to 9 °Clock Tomorrow.
Friday 20 October 1786.
Council Met according to Adjournment.
An order Drawn on the Treasurer in favour of Mr- John Griffin or
bearer for £2 9 9 was Given — an order Drawn on the Treasurer in fa-
vour of Berzille Rice or Bearer for £6 0 0 was given.
The Governor & Council in Consequence of a Request from the Gen-
eral Assembly joined the House for the appointment of County officers.
On a bill from the House appointing a Committee to join a Committee
of Council to take [into] consideration the Several acts that the Council
of Censors recomended to be altered and [or] Repealed, Resolved that
Mr Safford and Mr Porter join said Committee.3
On a Bill from the House app-- a Committee to join a Committee of
Council to Take under Consideration the Mode of Settling Tory Es-
tates, Resolved that Mr- Strong and Mr- Walbridge join said Committee.
On a bill from the House with the proceedings of the Supreme Court
on the dispute between Guildhall and Lunenburgh, on Motion to join
a Committee it passed in the Negative.
Council Adjourned to 2 °Clock P. M.
1 These were styled " petitions of grievance," on the distresses of the
people by reason of debts which they could not pay without sacrificing
their homesteads. The first was signed Edward Vail moderator and
Thomas Tolman town clerk of Danby, and the others were from Pitts-
ford, Tinmouth, Manchester, Rutland, Castleton, Clarendon, and Wal-
lingford. There were two other papers in the Assembly, apparently on
the same subject, styled instructions from Pownal to their representa-
tive, and a petition signed by Lemuel Chipman moderator of Pawlet,
which do not appear on the Council journal.
2 The grand committee adjourned to the 21st, when the action of the
supervisors, making Newfane the county seat, was confirmed.
3 For recommendations of the Council of Censors, see Slade's State
Papers, pp. 511-516.
110 Governor and Council — October 1786.
Met according to Adjournment.
An act discharging Major William Goodrich from his Credittors being
recd- from the House was read & passed with some Amendments.
Council Adjourned to 9 °Clock Tomorrow.1
Saturday 21*- October 178G.
Council Met according to Adjournment.
An act for the purpose of making a distribution of the Estate of Wm-
Fitch Decd- was read & Concurred.
An act authenticating a Certain deed Given to Gills [Giles] Alexander
by Plunking Wentworth Esqr- was recd- read and Concurred.
Resolved that the Honble John Fassett Junr- Esqr- be & he is hereby
appointed a Member of Council in Lieu of Samuel Mattocks Esqr- Re-
signed.2
A Bill from the House:
In General Assembly October 2P- 178G.
Resolved that Thursday the 30th- day of November next be and is
hereby appointed a day of Public Thanks giving & prayer thro'out
this State; And His Excellency the Governor is hereby requested to
Issue his Proclamation for that purpose.
Extract from the Journals,
Sign(L Roswell Hopkins Clerk.
Record Examd- Joseph Fay, Secy-
An act impowering the Judge of Probate for Westminster district, to
prove the will of Samuel Wells Esqr- was recd- read & Concurred.
An act suspending the Collection of a Tax in Hartland was read &
passed the Council.
An act empowering a Committee of Weybridge to Levy a Tax of two
pence on each acre of Land in said Town to Repair roads, build Bridges,
&c. was recd- read & Concurred, with some Amendments.
An act empowering the Selectmen of Reuport to Levy a Tax of one
penny pr- acre on all the Lands in said Reuport for the purpose of build-
ing Bridges, &c. was read and approved.
An act impowering the Selectmen of Benson to Tax said Town one
penny on each acre, for building Bridges &c. was read & approved.
1 The Convention, called by the first Council of Censors, met at Man-
chester on the last Thursday in June 1786, and adopted part of the
amendments of the constitution which had been proposed by the Cen-
sors.—See Vol. i, p. 84. Oct. 20, the Assembly adopted the following:
Resolved that the Committee appointed by the Convention for pre-
paring the Constitution for the press, lay before the General Assembly
at their next Session the journals of said Convention in order to see if
some particular sections of the constitution are not omitted through
mistake.
It thus appears that the constitution was redrafted by a committee of
the Convention, so as to incorporate the amendments. The consitution
was signed by order of the Convention, July 4 1786, by Moses ROBIN-
SON, President, and Elijah Paine, Secretary, and first printed in the
Vermont Journal, August to October 1786.
2 Mr. Fassett did not take his seat until the February session 1787.
Governor and Council — October 1786. Ill
An act, authorizing Elijah Paine and others to Levy a Tax on the
Township of Williamstown of 2 pence on the acre &c. was read and con-
curred.
The Honble Benjamin Emmons Esqr- having Resigned his office as
Member of Council and the Same being accepted, Isaac Tichenor Esqr-
was duty Elected in his room, and being qualified took his Seat in
Council.1
Resolved that on a further request from the House, that Mr Bayley &
Mr Porter join a Committee on the Guildhall Dispute.
On a Bill from the House & a petition of Thomas Johnson appoint-
ing a Committee of the House to join a Committee of Council, Resolved
that Mr Tichenor join said Committee.
An act empowering the Administrator to the Estate of Jacob Lindsey
Deed- to sell Land being read was approved.
On a bill from the House and petition of Joseph Foster & Aaron Bar-
low in behalf of the Town of Barnard & a Committee appointed
thereon from the House, Resolved that Mr- Olcott join said Committee.
Council Adjourned to 10 °Clock Monday next.
Monday 23d- October 1786.
Met according to Adjournment.
In the absence of Joseph Fay Isaac Tichenor is appointed Sec^- P.
Tem.
An act for Taxing Land in the Township of Sudbury for making roads
building Bridges &c. was read & approved, adding the words Vermont
journal. [Notice to be published in.]
. An act, authenticating a Deed Given to Nath1. Fisk was read and ap-
proved.
An act to Enable Certain persons in the Township of Tomblingson
[Grafton] to Levy a tax of one penny on Each acre of Land in said
Township was read and approved, adding the words Vermont Gazzettee.
[Notice to be published in the Vermont Gazette.]
An act Establishing New Fane a Shire Town of Windham County
read & approved.
A petition Signed Reuben Harmon having been laid before the House
& a Committee appointed to join a Committee of Council, Resolved that
Mr Wal bridge join said Committee.
Adjourned to 9 °Clock Tomorrow Morning.
Tuesday 24th- October 1780.
Council met according to Adjournment.
A petition Signed Jesse Leavenworth was read, having been laid be-
fore the House and a Committee appointed thereon to join a Committee
of Council: Resolved that Mr- Fletcher join said Committee.
An'act Limitting the Time of Holding County offices was Read &
passed.
The petition of Elizabeth Eliot was read and Mr- Fletcher appointed
to join a Committee appointed from the House.
1 Mr. Emmons represented Woodstock in the Assembly, and therefore
declined rather than resigned a seat in the Council. He was prompted
to this doubtless by the interests of his constituents, which he was
elected specially to promote. — See Vol. I, p. 240.
112 Governor and Council — October 1786.
On a Committee being appointed from the [House] to Consider the
petition of Daniel Hill, Resolved that Mr- Browuson join said Com-
mittee.
An act for Pitching undivided Land in the Township of Two Heroes,
having passed the House was read & approved.
An act empowering a Committee to Tax Land in the Township of N.
Haven 2 pence on the acre was recd- having passed the House & was
approved.
An act for Taxing Land in Wilmington read & approved.
An act to Empower the Selectmen of the Town of Bridport to Levy
a Tax of one penny on each acre was read having passed the House
[and] was approved.
An act impowering the Town of Cornwal to Levy a Tax on all the
Lands in sd- Town of one penny pr- acre was read & approved.
An act Levying a land Tax of one penny pr- acre of the Town of
Wesi minster was read and approved.
An act impowering Samuel Williams adminisr- on the Estate of E.
Davis decd- to sell real Estate &c. was read & approved.
Council Adjourned to 2 °Clock P: M:
Met according to Adjournment.
An act declaring certain articles of Produce a Tender to the Subjects
of the United States on Execution, being such as are a Tender on Ex-
ecn- in said States, was read, and an amendment [made] & Returned
to the House.1
An Act, Granting Reuben Harmon Junr- Esqr- the exclusive right of
coining Copper within this State for the term of Eight years was read &
approved.
An act to Levy a Tax on Brumly [Peru] and Landgrove of 2 pence
on each acre of Land in sd- Townships, was read and approved, with the,
amendment that the whole Tax be Collected at one Time.
An act to Levy a Tax on Winhall of 2d- on Each acre of Land was
read & approved, with the above amendment.
Adjourned to 9 °Clock Tomorrow.
Wednesday 25th- October 1786.
Council met according to Adjournment.
An act Granting a Tax in the Town of Reyagate of one penny pr- acre
having passed the House was read and Concurred.
An act Fixing the Shire Town [Newbury] for the County of Orange
having passed the House was read and Concurred.
Resolved that Mr Walbridge join Guildhal Committee in Lieu of Mr
Bayley.
• Adjourned to 2 °Clock P: M:
Met according to Adjournment, And Adjourned until Tomorrow 9
°Clock A. M.
Thursday 26 October 1786.
Met according to Adjournment, And Adjourned to 2 °Clock P: M:
Met according to Adjour*-
An execution Issued against John Barret Esqr- for £27 12 8, Cost of
his Suit of Impeachment, Signed by order of Council
Joseph Fay JSecv-
1 See Slade's /State Papers, p. 504.
Governor and Council — October 1786. 113
An act Prolonging the Time of Redeemtion of one acre and one
quarter of Land in Brattleboro on the petition of Mrs- Elizabeth Eliot
admin*- was read and having passed the House was approved.
An act to enable the Land owners in Fairlee to meet and Transact
business was read and having passed the House was Concurred.
An act to Levy a Tax on Barnet having passed the House was read &
approved.
An act to impower the Sale of Part of the Real Estate of William
Lammen having passed the House was read and Concurred.
An act to prevent Felling Timber into Otter Creek having passed the
House was read and Concurred.
An act repealling part of an Act, entitled An act Constituting the
Supreme Court a Court of Equity and declaring their Power, having
passed the General Assembly, was read and Concurred.1
A petition Signed Jonathan Arnold praying for a Grant of Land, hav-
ing been read in the House and a Committee appointed thereon to join
a Committee of Council, Resolved that Mr- Fletcher join said Commit-
tee, & Also to join a Committee on a Simelar petition Signed Leaven-
worth & Bayley for a Grant of Land.2
The petition of General Chandler & a number of officers of the Con-
tinental Army praying for a Grant of Land [read] in Council & refered
to the General Assembly for their Consideration.3
On motion of the Honble Ira Allen Esq1-- Respecting a Commercial
Treaty with the Province of Canada & Great Britain requesting that
M1- Levi. Allen be appointed in Lieu of Joseph Fay resigned, Therefore
resolved that Mr- Levi Allen be & he is hereby appointed in Lieu of
said Joseph, & that Levi Aliens name be entered in said Commission
for that purpose.
Adjourned to 9 °Clock Tomorrow.
Friday 27th- October 1786.
Council met according to Adjournment.
On the motion of M1'- Chipman in behalf of the petition of Timothy
Andrus and associates Lodged in Council in the year 1779 praying for a
Grant of six Townships of Land, being made to the Governor and
Council, proposing that the Grant of said Townships be Confirmed to
them; On the question being put to the Council wheather they Consid-
ered themselves authorized to Grant the said request it passed in the
Negative.
An act establishing Woodstock the Shire Town for the County of
Windsor having passed the House was read and Concurred.
An act, forbidding the Sale of any Negro or Subject of this State be-
1 This act repealed so much of the act of 1779 as authorized the Gov-
ernor, Council, and General Assembly to try certain cases in equity.
2 Petition of Jonathan Arnold, Jacob Bayley, and Jesse Leavenworth,
in response to which the towns of Danville and St. Johnsbury were
granted.
3 Probably Gen. John Chandler, father of Hon. John W. Chandler,
headed the petition. He came from Newtown, Conn., to Peacham,
where he died March 15 1776.— Vt. Hist. Magazine, Yol. I, pp. 363, 364.
9
114 Governor and Council — October 1786.
ing sold into Slavery, having passed the General Assembly was read &
Concurred, Omitting the last paragraph. x
An act Dividing the Counties of Orange and Addison having passed
the House was read & approved.2
Mr- Walbridge obtained Leave of Absence during the present Session.
Adjourned to 9 °Clock Tomorrow.
Saturday 28 October 178G.
Met according to Adjournment.
An act for regulating the Militia of this State having passed the Gen-
eral Assembly was read and Concurred.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
Resolved that the Grant of Land made to Jonathan Arnold Esq1 &
associates, and also to General Jacob Bayley & Jesse Leavenworth and
their associates, be under the following Termes viz*- that each proprie-
tor agreeable to the Grant pay for each Eight in said Grant nine pounds
L. money on or before the first day of June next; And in order to ap-
propriate the fees to the exigences of the State, Resolved that the Land
Committee be & hereby are Authorized to receive receipts from the
Several Grantees Signd- by the Surveyor General for Provisions fur-
nished or services performed for his department, And also that the Said
Grantees have the Liberty of paying unto the Committee, such sum or
sums of the public Security of this State, as they shall pay in hard Money
towards the aforesaid Grants, and that a Charter or Charters of incorpo-
ration be made under the Same Restrictions & Reservations of public
rights &c. as in other Grants or Charters Issued by this State.
Adjourned to 9 °Clock Monday next*.
Monday 30 October 1786.
Council met according to Adjournment.
An order Drawn in favour of Hough & Spooner printers to the State
of Vermont, for printing the Constitution &c. payable by the Treasurer
out of the hard money Taxes for £15 8 0 -signd- by order of Council.
Joseph Pay Secv-
An order drawn in favour of Briant Brown Esqr- for £2 10 to be paid
out of the Hard Money Taxes signed pr- order of Council,
£2 10. Joseph Fay, Sect/-
An act authorizing the sale of part of the real Estate of Gideon Bris-
tol Dec(L having passed the General Assembly was read and Concurred.
An act to Continue in force the Laws of this State having passed the
House was read approved.
An act in addition to an act Intittled an Act for appointing Sheriffs
&c. having passed the House was read and Concurred.
An act in addition to an Act regulating proprietors Meetings was read
and approved.
1 What the last paragraph in the bill was does not appear. The
amendment was concurred in by the Assembly. For the act see Vol. I,
p. 92, note 1.
2 The title was "an act for ascertaining the westerly line of Orange
county and the easterly line of Addison county."
Q-overnor and Council — October 1786. 115
An act directing the sale of part of the real Estate of Elisha Leach
late of Paulet decd- to discharge the debts due from said Estate having
passed the House, was read and approved.
An act regulating the Milita was read a Second time with the amend-
ment, having passed the House, was Concurred.
Council Adjourned to 2 °Clock P: M:
Met according to Adjournment.
On the petition of David Hyde Agent for the Town of Brunswick,
and Several other Towns, named therein, being recd- from the House,
and a Committee appointed thereon to join a Committee of Council,
Resolved that the said petition & the appointm*- of a Committee to join,
be refered to the next Session of Assembly.
On a bill from the House appointing a Committee of three to join a
Committee of Council, to Confer with Ira Allen Esqr- & Samuel Mat-
tocks Esqr- relative to Transfering the Treasury, Resolved that Mr- Saf-
ford and Mr- Tichenor join said Committee.
Adjourned to 8 °Clock Tomorrow.
Tuesday 31*- October 1786.
Council met according to Adjournment.
An act to oblidge the fulfilment of Contracts having passed the House
was read in Council and disapproved. And the following proposal made
in Lieu thereof viz1- That all the Articles specified in the General Act
of Tendery made in 1782 be adopted and made a Tendery on all Con-
tracts made since with the following amendments viz*- that all articles in
said act, which are made a Tendery shall be dilivered at the Dwelling
House or place of the Credittois residence, or such other place within
[the] State at the cost of Debtor, as the said Credittor & Debtor shall
agree, [provided] said act shall remain in force until the rising of the
Assembly in February next and no Longer.1
An act making it the duty of the States Attorney to defend certain
officers therein named &c. was read in Council & approved, & sent to
the General Assembly to be passed into a Law of this State.
Resolved that the Secretary of Council, be & he is hereby directed, to
Provide a proper book (at the expense of this State) and cause all the
records, and proceedings of the Governor and Council, to be fairly re-
corded therein, & that the Same wages be Allowed him therefor as the
Secretary of State is Allowed for Recording Laws; And that all Com-
1 From the Assembly Journal, Oct. 31 1786:
The Council sent back the bill entitled an act to compel the fulfilment
of contracts according to the intent of the parties, with the following
entered on the same, viz. — [reciting the resolution in the text.]
The question being put whether this House will agree thereto it
passed in the negative — and the question being put whether said bill
shall pass into a law of this State, it passed in the affirmative.
The act referred to in the proposition of the Council, is that in Slade's
State Papers, p. 461. By that act, all personal estate taken on execution
for more than one pound, was, after four days had elapsed, to be ap-
praised to the creditor at the sign-post in the town where taken; and
neat cattle, wheat, rye, and Indian corn were made a lawful tendry on an
execution.
116 Governor and Council — October 1786.
missions of Sequestration and Commissions of Sales be also recorded
therein.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
An act for the purpose of Levying a Tax therein Contained having
passed the House was read & approved with the amendments proposed
and on said bill.
The following Message was sent from the Governor and Council to the
General Assembly viz1- The Council being informed that their proposals
on the bill Intitled an act to Compel the fulfilment of Contracts,* has not
been Attended too, but said bill passed into a Law, they therefore pro-
pose that said bill be returned to the Council for revision and Concur-
rence.1
An act for Transfering the papers of the former Treasurer of this
State to the present Treasurer having passed the General Assembly was
read and approved.
A message from the House was Recd- as follows:
In General Assembly, Oct1* 31 1786.
This House have recd- a Message from the Honl)le Council in the words
following, viz*- uThe Council being informed that their proposals of
amendment, on the bill intitled an Act to Compel the fulfilment of Con-
tracts, has not been Attended too, but the bill passed into a Law, they
therefore propose that said bill be returned for revision & Concurrence.
pr- order, Joseph Fay, Sec?'-"
Resolved that in the opinion of this House, the said bill was without
any proposals of amendment by the Honorable Council, & therefore that
the said bill was Constitutionally passed into a Law, & that Mr- Marvin
be directed to acquaint the Hon1)le Council therewith.
Extract from the journals, Ros. Hopkins, Clerk.2
An act directing the sum in which the Sheritf in Each County shall
Stand bound for the faithful performance of his trust, having passed the
General Assembly was read and approved. Bond to be £3,000.
On the Act defining and Limitting the jurisdiction of Justices Courts,
the Council returned the Same with proposals of amendment.
Resolved that Hiland Hall Esqr- be & he is hereby appointed one of
the judges of the Court in and for the County of Addison, in lieu of Ira
Allen Esq1-- Resigned.
x This being communicated to the Assembly, the question was put
" whether this House will send back the bill requested," and it was de-
cided, on the yeas and nays, in the negative — yeas 24, nays 30.
2 The proposal of the Council was not in the common form of an
amendment; yet it is obvious that it offered the act of 1782, with an
amendment, as a substitute for the Assembly's bill. Had this disagree-
ment occurred at any time other than in the last hours of the session, it
is probable that the Governor and Council would have insisted on their
right to suspend the bill, under section xvi of chapter n of the amended
constitution of 1786. This section empowered that body to return bills
to the Assembly, " with their proposals of amendment (if any) in writ-
ing; and if the same are not agreed to by the Assembly, it shall be in
the power of the Governor and Council to suspend the passing of jsuch
bills until the next session of the Legislature."
Governor and Council — February 1787. 117
An order drawn in favour of Mr Bell for .£1 10 0 to be paid out of the
Hard money Taxes.
On a bill from the House appointing a Committee to join a Commit-
tee of the Couneil to revise the Laws, Resolved that Mr Tichenor and
Mr- Safford join said Committee.
Couneil Adjourned to 8 °Clock Tomorrow.1
Wednesday November lt: 178G.
Couneil met according to Adjournment.
Honble Samuel Mattocks Esq1'- Principle, John Strong & Nathaniel Chip-
man Esquires as sureties appearing aeknowledged themselves jointly and
Severally recognized and firmly bound & oblidged to the Secretary of
State in the sum of Ten thousand pounds L. Money and that for the faith-
ful payment of the Said Sum, they & their Heirs are jointly and Severally
(irmly bound, Conditioned in the following manner viz1- that if the
above bounden Samuel Mattoeks shall faithfully exeeute & discharge the
Duty of Treasurer for the State of Vermont for the year Ensuing so
that no Damage be sustained to the public or any Individual in His said
ofice of Treasurer, that then this Obligation be Void, otherwise to re-
main in full force and Virtue iii Law.
Attest, , Joseph Fay, Secy-
End of October Session.
Adjourned without Day. Jos. Fay, Secy-
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
ADJOURNED SESSION WITH THE GENERAL ASSEMBLY AT
BENNINGTON, FEBRUARY AND MARCH 1787.2
At a meeting of the Governor and Council of the State of Vermont
at their Se«sion"Held at Bennington Commencing Thursday 15 February
1787, present His Excellency Thomas Chittenden Esqr- Govr- and the fol-
lowing members of the Honble Council, Honble Timothy Brownson Samuel
Fletcher John Fassett Thomas Murdock, Peter Olcott Samuel Satford
Ebenezer Walbridge Jonathan Hunt John Strong Esqrs- & Joseph Fay
Esqr- Secy- & Jonas Galusha Esqr- Sheriff.
1 The Assembly fixed the Governor's salary for the then ensuing year
at £150 lawful money, and adjourned on the 31st of October 1786, to
meet at Bennington on the third Thursday in February 1787.
2 This session was occupied mainly with a revision and re-enactment
of the general statutes.
118 Governor and Council — February 1787.
Honble John Fassett & Jonathan Hunt Esquires took the necessary
Oaths required by Constitution to Quallify to the office of Councillors
for the Year ensuing & took their Seats accordingly.
Attest. Joseph Fay, Secy-
Joseph Fay Esqr- being called on by His Excellency the Governor was
duly sworn to the office of Secretary to the Governor and Council for the
year ensuing, And also to the offiV.e of Adjutant General over all (he
Militia of the State of Vermont.
Adjourned to 9 °Clock Tomorrow Morning.
Friday February 16th 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Gov- and the fol-
lowing members of the Honorable Council viz4- Timothy Brownson
Samuel Fletcher John Fassett Thomas Murdock Peter Olcott Samuel
Safford Ebenezer Walbridge Jonathan Hunt John Strong and Isaac
Tichenor Esqrs- Joseph Fay Esqr- Secv- & Jonas Galusha Esq1- Sheriff.
The following Letters were read in Council viz*- one from Levi Allen
Esqr- dated at Onion river, January 1*- 1787 inclosing a return of his Com-
mission to Lord Dorchester for regulating Trade & Commerce; one Let-
ter from the Honble Wm- Smith chief Justice of the Province of Quebec
Relative to his lands in this State with a Stating of the same by John
Kelly Esq1--1; one Letter from the Selectmen & Town Clerk of Dorset
appointing Mr- Shumway a Justice of the Peace — one Letter from
William Brush Esqr- side judge of the County Court for the County of
Addison requesting Leave to Resign his office as Judge.
Resolved that the Resignation of William Brush Esqr- be accepted,
and that the Sec?- be and he is hereby directed to return the thanks of
the Council to him for his Services as side Judge of the County Court in
& for the County of Addison.
A Bill from the House appointing a Committee viz*- Mr- Dewey, Mr-
Samuel Lane, Mr- Bridgeman, Mr- Emmons, and Mr- Steel, to join a Com-
mittee from the Council to take into Consideration the Letters from Levi
Allen Esqr- & the Honb,e William Smith chief Justice in the Province of
Quebec, to State facts & make report to the House; Resolved that Mr
Tichenor, Mr- Olcott & Mr- Strong join the above Committee forthe pur-
pose Mentioned Above.
Adjourned to 2 °Clock P: M:
Met according to Adjournment.
Resolved that Mr- Fasset wait on the General Assembly to know if
there is any business to be laid before the Council.
Adjourned to 9 °Clock Tomorrow.
Saturday, 17th Feby- 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Govr- and the fol-
lowing members of the Honblc Council viz*- Timothy Brownson Samuel
Fletcher John Fassett Thomas Murdock Peter Olcott Samuel Safford
Ebenezer Walbridge Jonathan Hunt John Strong Isaac Tichenor Esq™-
Joseph Fay Esqr- SecP- Jonas Galusha Esqr- Sheriff.
1 These letters were laid before the Assembly also.
Governor and Council — February 1787. 119
An act Establishing the forms of Oaths was read and approved with
this proposed alteration viz'- that every Oath begin with the words " You
swear by the ever living God."
An act for Auditting public accouuts having passed the General As-
sembly was Read and approved.
A petition Signed Stephen [Benjamin] Randal and a number of the
Inhabitants of the State of N: York formerly included in the Western
Union, praying for compensation from this State for Losses they sus-
tained in Consequence of their Adhearing to the Jurisdiction of the
State of Vermont: The aforesaid petition having been read in General
Assembly and Mr Brownson Mr Dewey & Mr- Bridgeman being ap-
pointed a Committee to join a Committee of Council, Resolved that Mr-
Walbridge join said Committee.1
A petition from the Selectmen of Wilmington praying for abatement
of Taxes in said Town, in consequence of a mistake of the Listers of
c£o01— the said petition having been read in the Assembly & refered to
the Committee appointed to take under Consideration the petition of
Benjamin Randal & others, Resolved therefore that Mr- Walbridge join
said Committee.
A petition from the Selectmen of Tomblingson [Grafton] praying for
abatement of Taxes, on ace'- of a mistake in casting up said list of £73,
was read and refered to the Committee appointed on the aforesaid peti-
tion, Resolved therefore that Mr- Walbridge join said Committee.
An act Granting John Harwood a new Trial in a Certain Case therein
mentioned was read and having passed the House was Concurred.
The petition of Royal Tyler Esqr- Commissioner from Major General
Lincoln in behalf of the Commonwealth of Massachusetts, requesting
the assistants of this Government in apprehending Certain Characters
Insurgents & Rebels against the authorit}' of said Commonwealth, who
have taken shelter in the State of Vermont, the same being read in
Council it is Resolved that Mr- Tichenor wait on the General Assembly
with said petition.
The petition of Royal Tyler Esqr- having been read in the General
Assembly & Mr- Goodrich, Mr Brownson, Mr- Chipman, Mr- Marvin, Mr-
Hall, M1- Lane, Mr- Freeman, Mr- Bridgeman, Mr- Weld, Mr- Brigham,
Mr Steel, & M1'- Peirce being appointed a Committee to join a Commit-
tee of Council, Whereupon Resolved, that Mr- Hunt, Mr- Olcott & Mr
Tichenor join said Committee.
The following report of Committee was Recd from the House viz4-
Your Committee to whom was refered the Letter from the Honblc Will-
iam Smith Esq1-- to His Excellencj' the Govr- of this State, relative to
Lands owned by him & intrusted to his care, Report, that His Excellency
by advice of this Council, be requested to Answer the Several Matters
specially mentioned in Mr- Smith's Letter; and in particular to assure
him that this Government have in all their official Transactions, Inviola-
bly adhered to the articles of Treaty which he refers too.
Isaac Tichenor for Comtee-
1 In the Assembly journal this is described as " a petition signed
Benja- Randall, Lieut. Col0- and fifty five others inhabitants of Little
Hoosack in the State of New York, praying for a compensation for the
damages they sustained for their influence and zeal in adding the west-
ern union to this State, &c." In response to this petition, the Assembly
decided to grant a township six miles square as soon as vacant land
could be found.
120 Governor and Council — February 1787.
In General Assembly Feb*- 18 [17] 1787.
The above Report was read & accepted and Sent to His Excellency
the Governor. Attest, RosL Hopkins, Clerk.
Adjourned until 10 °Clock Monday next.
Attest, Joseph Fay Secv-
Bennington, 19 Feby- 1787.
Council met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Gov- His Honor
Joseph Marsh Esqr- Lieu*- Governor & the following members of* the
Honble Council, viz1- Honble Samuel Fletcher Peter Olcott Samuel Saf-
ford Jacob Bayley Ebenezer Walbridge Jonathan Hunt Isaac Tichenor
John Strong Thomas Murdock & Timothy Brownson Esqrs- Joseph Fay
Esqr- Secy- Jonas Galusha Sheriff.
His Honor Joseph Marsh I> Governor Having been duly qualified
before his honor Judge Olcott appeared this day in Council & Took his
Seat accordingly.
An act for the punishment of Drunkenness, Gaming & profane swear-
ing, was read & the Governor & Council propose to the Honble General
Assembly as an amendment to said act that the following words be
erased viz*- ufor any Bum or Sums of Money, Goods or Liquors.1"11
An act Respecting Fences was Recd- & having passed the House was
read & approved.
An act for auditting public accounts having passed the House was
read & approved adding the following Words u And all Money paid into
the Treasury."
In General 'Assembly 19th- Feb*- 1787.
The Inclosed petitions from "N0- 1 to N°- 9 were Read and refered to a
Committee of six, to Take the Same under consideration, State facts, and
make report of their Opinion to this House; Members choosen M'
Dewey, Mr- Stevens, M1- Brown, Mr- Wood, M.r- Weld & Mr- Peirce.
Attest, RosL- Hopkins. Clerk.
1 By the first section of this act, any person found so drunk as to be
deprived of the use of "reason and understanding, or the use of their
limbs," was subject to a fine of six shillings for every offence, for the use
of the poor; and for non-payment of fine and costs, the offender was to
" be set in th,e stocks not exceeding three hours." By another act,
each town was to provide " a good pair of stocks, with lock and key suf-
ficient to secure offenders who shall be sentenced to sit therein; which
stocks shall be erected in the most public place in each respective town."
The second section of the act prohibited gambling with " cards, dice,
bowls, shuffleboards, or billiards, or any instrument for gaming," in any
tavern, ale, or victualling house, " for any sum or sums of money, goods
or liquors "; and the third section prohibited such games on any bet or
wager, or horse racing, or other sport, in any place in the state. It will
be observed that the amendment of the Council was not concurred in by
the Assembly. The penalty of the second section was a fine of <£'5 and
costs; and of the third, was the value of the money or goods bet, or
played for, or won, to be recovered for the use of the town where the
offence was committed.
Governor and Council — February 1787. 121
The above petitions were from the Inhabitants of the following Towns
viz1- Pittsford, Barnard, Hartland, Heading, Brandon, Windsor & Hart-
land, and one from a number of Inhabitents from the County of Rut-
land. Resolved that Mr- Fletcher, M1- Walbridge & M1'- Strong join
the Above Committee for the purpose mentioned above.1
Adjourned to 2 °£lock P. M. & met accordingly.
An act Regulating Mills & Millers was read & proposed by the Gov-
ernor and Council as an amendment viz*- that three quarts of Corn be
allowed for Grinding each bushel, in Lieu of 2 Quarts.
The petition of Lemuel Burk, Elnathan Marvin & others, and also the
petition of Elisha Barber having been read in General Assembly & a
Committee appointed thereon to join a Committee of Council viz. Mr-
Brownson, M1'- Hall, & M1- Goodrich, Resolved that Mr- Tichenor, M1-
Bayley & Mr- Strong join said Committee.
An act for dividing this State into Probate districts was recd- & having
passed the House was read and Concurred.
An act against Barratry and Common Barotters [barrators] having
passed the House was rec(1- read & Concurred.
An act concerning Bastards and Bastardy having passed the House
was recd- read and Concurred.
An act directing Constables in their office & duty, having passed the
house, was Recd- Read & approved.
An act regulating Perry8 & Ferriages having passed the House was
recd- read & Concurred.
An act directing the Proceedings against Forcible Entry & Detainer,
having passed the House was recd- read & Concurred.
An act for the punishment of theft Having passed the General Assem-
bly was recd- read & approved.
An act regulating the Trial of persons who on being arraigned for
Crimes against the State shall Stand Mute, Having passed the General
Assembly, was recd- read & Concurred.
An act for Surpressing Lotteries [without special license from the
Legislature] Having passed the General Assembly was recd- read &
Concurred.
An act concerning Sudden and untimely Deaths [requiring jury of
inquest,] having passed the General Assembly was recd- read & Con-
curred.
An act Enabling Towns to Tax themselves having passed the General
xVssembly was recd- read & Concurred.
An act impowering Eli Cogswel Esqr- to Sell part of the real Estate of
Justice Hecock [Justus Hickok] Decd- having passed the General As-
sembly was recd- read and Concurred.
Adjourned to 9 °Clock Tomorrow.
Tuesday 20 February 1787.
Council Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Gov1-- His Honor
Joseph Marsh Esqr- Ll Govr- The Honble Timothy Brownson John Fas-
sett Samuel Fletcher Peter Olcott Samuel Safford Jacob Bayley
Thomas Murdock Ebenezer Walbridge John Strong Jonathan Hunt
& Isaac Tichenor Esquires, & Joseph Fay Esqr- Sec?- & Jonas Galusha
Esqr- Sheriff.
xOne was a remonstrance from Hartland against the petition from
that town; so Hartland appears in the list twice.
122
Governor and Council — February 1787.
A petition from a Number of the Inhabitants of Dorset relative to the
appointment of a Justice of the Peace was read & ordered to remain on
tile until the arival of Mr Brown who is appointed to prefer said peti-
tion, Together with a Letter from Mr- Underhil.
A petition Signed by Thomas Sawyer in behalf of a number of others
having been read in the General Assembly & refered to a Committee, as
Also the petition of John Karnes, viz*- M1'- Goodrich, Mr B. Burt, & M1'-
Cook to join a Committee from the Council, Resolved that Mr Bayley
and M1'- Safford join the Above Committee To Take into Consideration
the aforesaid petitions, and Report-1
A petition from the Inhabitants of Randolph praying for a release of
part or all of the expence for Surveying Town lines having been read
in General Assembly & Mr- Dewey Mr Brownson <fc M> Parkhurst ap-
pointed as a Committee to join a Committee of Council to Take the
Same into Consideration, Resolved that Mr- Fassett join said Committee
for the aforesaid purpose.
An act assertaining the Value of Contracts made for Continental
Money or Bills of Credit of the United States, having passed the Gen-
eral Assembly was recd- read and approved.2
On motion of His Excellency Resolved that Isaac Tichenor & Joseph
Fay Esquires, be <Sc they are hereby appointed to make a draft of a Let-
ter to the Honble William Smith Esqr- of the Province of Quebec, in an-
swer to his letter to His Excellency the Governor relative to Lands
which he owns in this State.
A petition signed Elias Dickenson against Thomas Chandler Esq1-- was
read having been read in General Assembly, & Mr Goodrich, Mr- Marsh,
Mr Hall, Mr- Jewel, Mr- Emmons, and Mr Bliss being appointed a Com-
mittee to join a Committee of Council, Resolved that Mr- Murdock join
said Committee for the purposes therein named.
Adjourned to 2 °Clock P. M.
1 Sawyer's petition was for leniency to the rioters taken at Rutland in
Nov. 1786; and for compensation to Nehemiah Hopkins, who was
wounded at that time. Barnes asked to have state money orders, that
were burnt with his house, made good.
2 Lawful money, or bills of credit, preceding Sept. 1 1777, were of the
value of gold and silver. The depreciation of continental currency was
so fixed by this act that a dollar in gold or silver would be equivalent
to continental bills as follows:
Sept.
Oct.
Nov.
Dec.
Jan.
Feb.
Mar.
April 1
May 1
June 1
July 1
Aug. 1
Sept. 1
1777,
1778,
Cents.
Cents.
Cents
100
Oct. 1 1778,
325
Nov. 1
1779,
1600
110
Nov. 1 "
360
Dec. 1
u
1800
120
Dec. 1 "
400
Jan. 1
1780,
2000
130
Jan. 1 1779,
450
Feb. 1
a
2400
140
Feb. 1 "
500
Mar. 1
u
2800
155
Mar. 1 "
550
April 1
44
3200
• 170
April 1 "
600
May 1
u
3600
185
May 1 "
800
June 1
44
4000
200
June 1 "
1000
July 1
44
5000
220
July 1 "
1100
Aug. 1
44
6000
240
Aug. 1 "
1200
Sept. 1
44
7200
200
Sept. 1 "
1300
295
Oct. 1 "
1450
G-overnor and Council — February 1787. 128
Met according to Adjournment.
A petition signed Elisha Heard [Hurd] & Richard Sacket, Also a pe-
tition Signed Ichabod Bartlet, having been read in General Assembly
and a Committee appointed to join a Committee of Council viz* Mr
Jewet, Mr- Brownson, Mr Weld, & [Mr] Sheldon, the same being read in
Council, Resolved that Mr Hunt join said Committee for the purposes
therein mentioned. ]
A petition from the Inhabitants of Vorshire praying to be Released
from the Survey Tax of £27 7 9 was read and having been by the Gen-
eral Assembly refered to the Committee on Randolph petition, Resolved
that the Consideration be refered to the said Committee accordingly.
A petition Signed William Sergents praying for the repeal of a Cer-
tain Act therein mentioned having been read in the General Assembly
& Mr- Gray, Mr- Emmons, Mr- Wells & M' Pierce appointed as a Com-
mittee to join a Committee of Council, whereupon Resolved that Mr-
Tichenor & Mr Olcott join said Committee.
A petition Signed Asa Whitcomb and his associates was read having
been read in General Assembly, & M1 Bart, Mr Sheldon, and M1 Camp-
field [Canfield] appointed as a Committee to join a Committee of Coun-
cil to Take the Same under Consideration State facts & Report, Resolved
that his honor Governor Marsh join the Above Committee.
Adjourned to 9 °Clock Tomorrow.
Bennington 21*- Feb>- 1787.
Met according to Adjournment.
Present His Excellency Governor Chittenden, His Honor Joseph
Marsh Esqr- L* Govr- and the following members of the Hon1),e Council
viz*- Timothy Brownson Samuel Fletcher Thomas Murdock Jacob Bay-
ley Peter Olcott Samuel Safford John Fassett [jr.,] Ebenezer Walbridge
Jonathan Hunt John Strong & Isaac Tichenor Esqrs- Joseph Fay Esqr-
Secy- Jonas Galusha Esqr- Stiff.
A Bill from the House was recd- appointing a Committee of six viz. Ml-
Dewey, Mr- Marvin, Mr- [Samuel] Lane, Mr Bridgman, M1- Brigham
& Mr- Bliss, to join a Committee of Council to prepare a bill for Trans-
fering the Treasury from the old to the new Treasury, Resolved that M1-
Tichenor Mr- Bayley & M1- Walbridge join said Committee.
An act for Taxing Land in Wallingford and Jackson's Gore was Recd
Read & approved.
An Act Taxing Land in Royalton two pence on the acre having
passed the General Assembly was Read & Concurred.
An act Taxing the Town of Charlotte one penny half penny on the
acre was read and an amendment proposed viz*- that the Tax be only
one penny.
Adjourned to 2 °Clock P. M.
1 Mr. Bartlett is supposed to have been of Salisbury, Conn., the birth-
place in 1786 of the distinguished Ichabod Bartlett of N. H. He had
sold a farm to Abel Hawley jr., which had been confiscated by reason of
Hawley's adherence to the British, and Hawley had died. Bartlett
prayed relief. Hurd and Sackett had joined the British, with the pen-
alty of confiscation by Vermont. They had returned to the State, and,
being hard pressed by creditors, they also prayed relief. These petitions
were dismissed.
124 Governor and Council — February 1787.
Met according to Adjournment.
An Act Regulating "Town Meetings having passed the General As-
sembly was read & Concurred.
An act Taxing Land in Ferrisburgh was read, & the Governor &
Council proposed an amendment to this bill, That the time for paying
the Tax be two years from this date.
An act Taxing Land in Orvvel one penny half penny on the acre was
read and the Governor & Council propose as an amendment that the
Tax be only one penny.
An act for Taxing Land in Monkton was read, and the Governor &
Council propose as an amendment to this bill that the Tax be only one
penny in Lieu of one penny half penny.
Adjourned to 9 °Clock Tomorrow.
Thursday 22(l Feb^ 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esq1'- Gov1- His Honor
Joseph Marsh I> Gov1- And the following members of the Honb,e Coun-
cil viz1 Hon,)le Timothy Brownson John Fassett Peter Olcott Samuel
Fletcher Thomas Murdock Samuel Saiford Jacob Bayley Jonathan
Hunt Ebenezer Walbridge John Strong and Isaac Tichenor Esqrs- Jo-
seph Fay Secy- & Jonas Galusha Esq1"- Sheriff.
A petition Signed by a number of Inhabitants of the County of Wind-
sor praying for the remission of their fines imposed on them by the
Honble Supreme Court in November last, was read having been read in
General Assembly, and the following members being appointed to join
a Committee of Council viz*- Mr- Dewey, M1- Higby, Mr- Hall, Mr- Burt,
Mr- B. Brown & M1*- Bliss, Resolved that M1- Strong and Mr- Bayley
join said Committee.
A Stating of Certain facts by the HonbIc Ira Allen was read and or-
dered to be sent to the Hon1,lc General Assembly.
A petition Signed Wm- Chase and Artemus Ross of the State of ]ST.
York praying for a Grant of a Lottery for Building a Bridge over Hoo-
sack River, having been read in the General Assembly, & Mr- Stevens,
M1- Ward & M1*- Thompson, appointed as a Committee to join a Com-
mittee of Council, to Take the same under Consideration and make re-
port, Resolved that M1 • Brownson join said Committee as also the Com-
mittee on the petition of [for] a Lottery for building a bridge over Otter
Creek near Middlebury, Cornwel, [Cornwall,] and Salisbury.
In General Assembly, Feby- 22 1787.
Resolved that a Committee of three to join a Committee of Council,
be appointed to prepare & bring in a bill Regulating the office & Duty
of Treasurer; And the mode for Liberating Debtors who are confined
in Goal, on dilivering up their Estate agreeable to the Constitution, the
members choosen M1'- Bridgeman, M1'- Weld, and M1- B. Brown.
The above bill being read in Council, Resolved, that Mr- Hunt and Mr-
Tichenor join sd- Committee for the above purposes.
A bill from the House was read appointing a Committee of six to join
a Committee of Council viz*- M1- Goodrich, Judge Ward, M1- P. Brown,
M1"- Wood, M1- Emmons & M1- Rosbrook, to bring a bill for the Settle-
ment of Debts due from Confiscated Estates, Resolved that Mr- Olcott &
Mr- Strong join said Committee for the purposes mentioned in said bill.
An act directing an appeal to be Entered in the cause of Silas Whitney
& Jabez Carpenter, was read & Concurred.
Governor and Council — February 1787. 125
An act concerning Sureties and Cire [scire] Facias8 was read and ap-
proved.
And act regulating Mareages was read And the Governor and Coun-
cil propose to the Honorable the General Assembly the following amend-
ments to the bill, that his honor the Deputy Governor be impowered to
Marry; that the words wives sister be Erased; or by being Generally
named in any Deed or will by Father or Mother be Erased, as Marked
within.1
On the recommitment of the petition from the proprietors of Randolp,
[Randolph,] and also the petition from the Inhabitents of Vershire, Re-
solved that Mr- Murdock join the Committee on Each of said Petitions;
the Members choosen from the House on Randolph Petition, Mr- Dewey,
M1 • Brownson, & Mr. Parkhurst.
Sundry Letters from the Consul of France, Mr- St. John [de Creve-
coeur] was read & refered to the Honble General Assembly for their
Consideration.
Adjourned to 9 °Clock Tomorrow.
Bennington 23 Feb'' 1787.
Council met according to Adjournment.
Present His Excellency Thomas Chittenden Esq1'- Gov1'- His Honor
Joseph Marsh Esq1'- L* Gov1'- and the following Members of the Honb,e
Council viz4- Timothy Brownson John Fassett Samuel Fletcher Peter
Olcott Thomas Murdock Jacob Bayley Ebenezer Walbridge Jonathan
Hunt John Strong and Isaac Tichenor Esqrs- Joseph Fay Esq1'- Secy-
Jonas Galusha Esq1"- Sheriff.
A Letter from the Honl,k' Major General Lincoln to his Excellency
Governor Chittenden, inclosing a Proclamation, offering to recommend
the Insurgents in Massachusetts for Pardon, An act for Inlisting 1,500
men &c. with a Declaration of Rebellion, Together with a Letter from
Major [Royall] Tyler, was Read. Also a Letter from His Excellency
Governor Bowdwin [Bowdoin] dated the 10 Ins1- a Coppy of His Proc-
lamation for apprehending Insurgents in that State, Together with a
Resolve of the Legislature, requesting the Governor to Issue his Proc-
lamation &c. was read and Resolved that the Governor & Council wait
personally on the Honblc General Assembly to lay said Letters and pa-
pers before them for their information perusal & advice.
A petition from the Proprietors of Windsor Court House, and a peti-
tion from a number of Inhabitints of the County of Windsor relative to
said Court House, was read and M1 '• Brownson, M1'- Bayley & M1- Hunt
appointed as a Committee of Council to join a Committee of the General
Assembly for the purposes therein named.
Sundry letters from the Consul of France [Hector St. John de Creve-
C(eur] to the Honble General [Ethan] Allen having been laid before the
General Assembly, and Committee of three viz. M1'- Chipman, Ml- Mar-
vin, & M1'- B. Brown, appointed to join a Committee of Council to State
facts & make report, Resolved that M1 • Brownson join said Committee.
1 The act provided that all children born of an incestuous mar-
riage "shall be forever disabled to inherit by descent'-; and it is
supposed this was followed in the original bill by these words: or by
being generally named in any deed or will by father or mother. The
amendments of Council were agreed to by the Assembly.
126 Governor and Council — February 1787.
A bill from the House appointing a Committee of six to join a Com-
mittee of Council viz*- Mr- Goodrich, M> Marvin, M1- P. Brown, Mr-
Cook, Mr- Brigham & Mr- Peirce, to Take into Consideration the propo-
sals of the HonbU' President Wheelock &c. Resolved that M1- Marsh,
M1- Olcott, & M1- Fassett join said Committee for the aforesaid pur-
poses.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
An Act Authenticating two Deeds therein named to Samuel Allen
having passed the General Assembly was read and Concurred.
An act relating to Quakers affirmation was read and Concurred.
An act authenticating a Deed from Samuel Averil to Phelix Powel
was read and Concurred.
Adjourned to 9 °Clock Tomorrow.
Saturday 24th- February 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esq1"- Gov1'- His Honor
Joseph Marsh Esq1- I> Gov1"- Honble Timothy Brownson John Fassett
Peter Olcott Thomas Murdock Samuel Fletcher Ebenezer Walbridge
Jacob Bayley Jonathan Hunt John Strong & Isaac Tichenor Esqrs- Jo-
seph Fay Esq1- Secv- Jonas Galusha Esqr- Sheriff.
An act Taxing Wardsborough one penny half penny on the acre was
read and approved.
The petition of Elkanah Cobb having been read in the General As-
sembly <fe a Committee of three appointed thereon to join a Committee
of Council viz*- M1- Speaker [Gideon Olin,] M1'- Brigham, & Mr- Dewey,
Resolved that M1*- Strong join said Committee.
An act to encourage the distroying of Wolves and Panthers was read
and approved.1
On a verbal Message from the Honble General Assembly by a member,
viz*- Mr- Dewey, requesting the Governor and Council to join in Grand
Committee, to Take into consideration the report of a Committee ap-
pointed on Letters recd- from his Excellency Governor Bowdoin of Mas-
sachusitts Bay requesting the aid of this State in apprehending certain
Characters Insurgents of that State: The Council return for answer that
they decline joining the Honble Assembly in Grand Committee until the
report of the above Committee from boath Houses act on the report and
send their determinations up to this Council for revision & proposals
of amendment.2 To the above determination in Council Refusing to
join in Grand Committee, His Excellency the Governor Enters his de-
cent [dissent,] Also the Honle John Fassett Esquire, Timothy Brown-
son Esq1- & the Honble E. Walbridge Esqr-
On Motion for the dettermination of the dispute relative to Browning-
ton, Resolved that it be refered to Tuesday next 10 °Clock in the Morn-
ing and that the Honble Ira Allen Esqr- be requested to Attend.
1 The premium was £3 for a full grown wolf or panther, and £2 for a
suckling whelp.
2 The correct reading doubtless was this:
The Council return for answer that they decline joining the Honb,e
Assembly in Grand Committee until the Assembly act on the report of
the Committee from both houses and send their determination up to
this Council for revision and proposals of amendment.
Governor and Council — Febmiary 1787. 127
On motion of the Honble Judge Robinson requesting the advice of
Council relative to Calling of a Special Supreme Court for the Trial of
Certain Criminals now in Goal, Resolved that His honor judge Kobinson
be advised to Call a Special Court for that purpose.
An act for summoning juries & directing Grand Jurors in their duty,
was read and the following proposals of amendment proposed thereon,
viz1- uAnd in case a Sufficient number of Grand and petit Jurors cannot
(conveniently) be had to make up the pannals, [panels,] the Said Grand
and petit Jurors shall be formed or made up in the Same manner as
herein before directed in this act," to be Entered as Marked withon
[within] said bill, and the following words Erased vizf- " of the freehold-
ers of the vicinity" as marked in the bill.
A petition Signd- Jonathan Hunt in behalf of himself and a number
of the Inhabitants of Hinesdile [Hinsdale] was read, having been Com-
mitted by the General Assembly [to a committee] to join a Committee
of Council viz*- Mr- Brownson, Mr- B. Brown, & M1- Dewey, Resolved
that M1'- Bayley join said Committee.
An act against Adultery, Poleamy [polygamy] and Fornication was
read and the Council propose for amendment, that the time for prosecu-
tion named in the last clause be three months in Lieu of six months.1
On the motion of Mr- Tichenor on the Recommendation of the Honb,u
General Assembly to his Excellency the Governor to Issue his Procla-
mation for apprehending certain Charecters Insurgents in the Common-
Welth of Massachusitts therein named, Resolved that the further con-
sideration thereof *be refered to some future Time.
Adjourned to 10 °Clock Monday next.
Monday 26 February 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esq1"- Gov1- His Honor
Joseph Marsh Esq1'- D. Gov1'- and the following Members of the Hon1'1"
Council viz1- Timothy Brownson John Fassett Peter Olcott Thomas Mur-
dock Jacob Bayley Samuel Safford Samuel Fletcher Jonathan Hunt
1 The Assembly agreed to the amendment. The penalty for a person
convicted of adultery was as follows:
He, she, or they, shall be set upon the gallows, for the space of an
hour, with a rope or ropes about his, her, or their neck or necks, and the
other end cast over the gallows; and also shall be severely whipped on
the naked body, not exceeding thirty-nine stripes; and shall, from the
expiration of twenty-four hours after such conviction, during their abode
in this State, wear a capital A of two inches long, and proportionable
bigness, cut out in cloth of a contrary colour to their clothes, and sewed
upon their upper garment, on the outside of their arm, or on their back,
in open view. And if any person or persons, having been convicted and
sentenced for -such offence, shall, at any time, be found without their let-
ter so worn, during their abode in this State, he or they shall, by war-
rant from any Justice of the Peace, be forthwith apprehended, and pub-
licly whipped, not exceeding ten stripes; and so from time to time, toties
quoties.
The same penalty was prescribed for polygamy. Fornication was
made punishable by a fine not exceeding £4; and if the offender be un-
able to pay the fine, " he or she shall be assigned in service by the court
before whom the conviction shall be had.,:
128 Governor and Council — February 1787.
Ebenezer Walbridge John Strong And Isaac Tichenor, Esquires. Jo-
seph Fay Esq1- Secy- Jonas Galusha Esqr- Sheriff.
Resolved that the Honblc John Fassett Esq1*- Joseph Fay Esqr- & his
Excellency Governor Chittenden be a Committee to make a draught of
a Proclamation requested to be Issued by this Government by His Ex-
cellency Governor Bowdoin.
An act for the division of Counties in this State having passed the
Gen1- Assembly was read and approved.1
A petition from a number of the Inhabitants of Castleton, remon-
strating against the Inhabitants of a part of Ira being annexed to the
Town of Castleton, was read, having been Committed by the House to
M1- Hall, Mr- Stevens, & M1'- B. Brown, to join a Committee of Council,
Resolved that M1- Murdock join said Committee.
Adjourned to 2 °Clock P: M:
Met according to Adjournment.
The Committee appointed to make a Draft for a Proclamation for ap-
prehending or discountenencing Rebellion in the Common Wealth of
Massachusetts made Report.
An act directing the form of passing Laws was read and approved.2
Resolved that Isaac Tichenor, Joseph Fay & John Strong Esqrs- be a
Committee to amend the several drafts proposed for a Proclamation.
Adjourned to nine °Clock Tomorrow.
Tuesday 27th- Feb?- 1787.
Met according to Adjournment.
Present His Excellencj" Thomas Chittenden Esq1*- Gov1"- His Honor
Joseph Marsh Esqr- L* Govr- And the following Members of the Honble
Council viz*- Timothy Brownson Samuel Safford Samuel Fletcher Peter
Olcott Jacob Bayley John Fassett Thomas Murdock Ebenezer Wal-
bridge Jonathan Hunt John Strong And Isaac Tichenor Esqrs- Joseph
Fay Esq1"- Secy- Jonas Galusha Esq1'- Sheriff:
Letter to William Brush Esqr-
Sir — I am directed by His Excellency the Governor and Honble Coun-
cil to inform you that your letter of Resignation of your office as one of
the side Judges in <fc for the County of Addison has been recd- and ac-
cepted, & that the Governor and Council return you their thanks for
your Services in said office.
I am Sir Your Ob*- Humble Servant.
Joseph Fay Secy-
A petition Signed Jacob Rhuback praying for Compensation for Losses
& Services done this State, being read and a Committee appointed by
1 The territory of Bennington, Windham, and Windsor counties was
the same as at present; Rutland the same, with the addition of Orwell;
and the remaining territory of the state was divided between Orange
and Addison counties by the west lines of Granville, Roxbury, North-
field, Berlin, Montpelier, Calais, Woodbury, Hardwick, amd Greensbo-
rough, and from the northwestern corner of Greensborough " in the
most direct course on town lines to the north line of this state."
2 This act is the same as that of Feb. 1784, ante, p. 35, with two excep-
tions: the Council could retain a House bill five days instead of three for
amendment; and was also authorized to suspend the passage of House
bills on a disagreement of the two houses as to amendments. These
changes corresponded with the amended constitution of 178G.
Governor and Council — February 1787. 129
the General Assembly to join a Committee of Council viz*- Mr- Park-
hurst, Mr- Mott, and Mr- Wells, Resolved that Mr- Fletcher join the
above Committee.
An act Enabling General Roger Enos to Shut up a Certain Road
therein mentioned, [through his farm,] having [passed] the General As-
sembly was read and Concurred.
Adjourned to 2 °Clock P: M:
Met according to Adjournment.
Agreeable to assignment the dispute relative to the Establishment of
Brownington was Taken up and a hearing Granted to the Honble Judge
Robinson and Ira Allen Esquires, and on motion of Colonel Allen, Re-
solved to postpoon the further Consideration until Tomorrow 2 °Clock.
An act to prevent the Spreading of the Small Pox having passed the
General Assembly was read & Concurred.1
An act for restraining swine from running at Large having been re-
turned from the General Assembly Refusing to pass the Same with the
proposals of amendment made by the Council, the said act being read a
Second time was approved.
An act suspending the collecting of a Tax Granted by the Governor
and Council of £26 7 9 for defraying the charge of Surveying to the
Township of Williams Town, being read was approved.
An act Enabling Committees [communities] to Sue for and defend
their Rights Estates & Interest was read and approved.2
An act relating to Witnesses & taking affidavits out of Court was
read & the following amendments proposed viz*- that the words Twenty
as marked within on said bill be Erased, and the Word thirty be added
in Lieu thereof and that the Words " out of this State " be Erased.
An act against High Treason and Misprison [misprision] of Treason
was read & approved.3
An act tor preventing & punishing Riots &c. was read and approved.
An act for the punishment of Gaming being returned from the House
refusing to agree to the amendment [of Council,] on the question being
put wheather the Council agree to the bill without the amendment, it
passed in the Negative. Resolved that Judge Strong be requested to
wait on the Honble General Assembly with further proposals of amend-
ment.
An act Regulating Mills and Millers being Returned from the House
refusing to' agree to the proposals of amendment made by the Council,
Resolved that said bill be approv'd as it Stood without amendment.
Adjourned to 9 °Clock Tomorrow.
1 This bill made it the duty of the selectmen to attend to cases of this
disease, provide medical assistance, and guard against danger to the un-
infected. Jenner's treatise on vaccination was not written until 1798.
2 The word communities embraced " every town, district, society, trus-
tees for schools, proprietors of common or undivided lands, grants, and
other estates and interests, and all other lawful societies or communities
whatsoever."
3 The penalty for treason against the state was death ; and for mispris-
ion of treason, a fine in the discretion of the court, and imprisonment
not exceeding ten years.
10
130 • Governor and Council — March 1787.
In Council Bennington Wednesday 28 Feb?- 1787.
Met according to adjournment.
Present His Excellency Thomas Chittenden Esqr- His Honor Joseph
Marsh Esqr- I> Gov- and the following Members of the Honble Council
viz. Timothy Brownson John Fasset^Peter Olcott Thomas Murdock
Jacob Bayley Samuel Fletcher Samuel Saftbrd Ebenezer Walbridge
Jonathan Hunt John Strong & Isaac Tichenor Esqrs- Joseph Fay Esq1"-
Secy- Jonas Galusha Esqr- Sheriff.
An act for Limitation of actions and the following amendment pro-
posed viz*- as mentioned on the bill. 1
An act Granting a new Tryal to John Harwood was read and ap-
proved.
An act directing and Regulating the Levying and Serving of Execu-
tions was read and ordered that Judge Strong return the'bill to the
House with proposals of amendment.
Adjourned to*2 °Clock P: M.
Met according to Adjournment, And Adjourned to 9 °Clock Tomor-
row.
Thursday 1*- March 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esq1-- Govr- His honor Jo-
seph Marsh Esqr- L*- Gov1-- and the following Members of the Honblc
Council viz*- Timothy Brownson John Fassett Peter Olcott Thomas
Murdock Jacob Bayley Samuel Fletcher Samuel Satford Ebenezer Wal-
bridge John Strong Jonathan Hunt & Isaac Tichenor Esqrs- Joseph Fay
Esqr- Sec^- Jonas Galusha Esqr- Sh'ff.
Agreeable to the order of the day, the Governor Council & General
Assembly Proceeded to the choice of Brigadier Generals for the first,
third, fourth, fifth & Sixth Brigades. The Ballots being Taken the fol-
lowing persons was [were] declared to be duly choosen — viz*-
Colonel Ebenezer Walbridge 1*- Brigade.
Colonel Benjamin Wait 3d Do.
Colonel Isaac Clark 4 Do.
Col0- Israel Morey . 5 Do.
Col0- John Strong 6 Do.
Attest, Joseph Fay, Secy-*
1 The record is imperfect. A bill of this purport passed the Assembly
a week later.
2 From the Assembly Journal, Feb. 28 1787:
His Excellency the Captain General laid before the House his Gen-
eral orders of yesterday dividing the State into Divisions, Brigades &
regiments, &c* which was read — and his Excellency the Governor &
Council having joined the House & on motion made to choose Major
Generals — the ballots being taken for a Major General of the 1st Divis-
ion of this State, General Roger Enos was Elected. The ballots being
taken for a Major General of the Second Division, General Samuel
Safford was Elected.
Ordered, that the members of Council & Assembly belonging to each
Brigade where there is no Brigadier nominate a Brigadier General of
*Two divisions, six brigades, and fourteen regiments. — See Vermont Gazette of
March 5 1787.
Governor and Council — March 1787. 131
On Motion Resolved that Mr Brownson & Mr Fasset wait on the Gen-
eral Assembly with a proposal of Altering the Proclamation Resolved
upon by the House to be published, for Apprehending Daniel Shays,
Luke Day, & other Insurgents of the Commonwealth of Massachusetts.
— [The House refused to amend.]
Resolved that Ira Allen Esqr- Surveyor General be & he is hereby
directed to pay to Bliss Willoughby thirty-two pounds, thirteen shillings
& Two pence agreeable to sd- Willoughby8 bill this day Exhibitted and
payment ordered on the back of said bill.
£32 13 2. Attest, Jos. Fay Secv-
On Motion of the Honble Judge Robinson in behalf of Daniel and
Timothy Brown Esqrs- for a determination in the dispute Subsisting
and now before the Council between said Brown and the Honble Ira Al-
len Esqr- Relative to the Grant of the Town of Brownington, the ques-
tion on the motion of Mr Tichenor was put wheather the General As-
sembly had a right to Grant sd- Gore in preference to pitching the flying
Grants, which passed in the affirmative. The question then being put
wheather a charter of Incorporation be Issued for the Township of
Brownington it passed in the afirmative.
Copy Given. Attest, Joseph Fay Secv-
On the petition of Samuel Sherman a Criminal under the Sentence of
the Honble Supreme Court to be Croped, [cropt,] ! Branded, and Impris-
oned for Life, Resolved that the Execution of said Sentence be pos-
pooned until Tomorrow 2 °Clock P. M.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
An act laying a Tax of two pence on the acre in the Towns of Mid-
dlebury & Salisbury was read, on which bills the Council propose as an
amendment, that the Tax on the Town of Salisbury be omitted on ace*-
of the quantity of Land not being yet assertained in said Township.
The Honble John Strong moved for Leave to Retire from Council on
ace1- of Attending the Court for the County of Addison. Ordered that
he have Leave to Retire agreeable to his request.
The Honble Thomas Porter Esqr- arrived and Took his Seat in Council.
An act for Supporting Ministers of the Gospel was read and Recom-
mended to be laid over to the next session of Assembly.
On the question wheather the Council advice [advise] his Excellency
to publish the Proclamation Resolved on by the Honble General Assem-
bly for apprehending certain characters therein named, Insurgents in
the Commonwealth of Massachusetts, the yeas and nays, being Taken
on motion of Mr- Tichnor, are as follows: Yeas — Mr- Marsh2 Mr- Tich-
nor Mr- Walbridge Mr- Bayley M1- Hunt Mr- Safford Mr- Porter & Mr-
Olcott. Nays— M1- Fletcher Mr- Murdock Mr- Fasset & Mr- Brownson.
So it passed in the affirmative, therefore Resolved that the Governor
be and he is hereby adviced by the Council to publish said Proclama-
such brigade & make report tomorrow morning — and that tomorrow
morning be assigned for the Governor, Council & Assembly to elect
Brigadiers General.
Samuel Fletcher was at the time General of the second brigade.
1 Cropping, or cutting off an ear, was one of the penalties for counter-
feiting prescribed by statute.
2 Lieutenant Governor acting as Councillor, the Governor being pres-
ent.
132 Governor and Council — March 1787.
tion in the Vermont Newspapers; to the above determination His Ex-
cellency Enters his Decent [dissent.]
Adjourned to 9 °Clock Tomorrow.
Friday 2d March 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Honble Joseph
Marsh Esq1'- I> Gov1"- Timothy Brownson Samuel Fletcher John Fas-
sett Thomas Murdock Peter Olcott Jacob Bayley Samuel Safford
Thomas Porter Ebenezer Walbridge Jonathan Hunt & Isaac Tichenor
Esqrs- Joseph Fay Esq1'- Secy- Jonas Galusha Esq1'- Sheriff.
The Governor & Council agreeable to the order of yesterday took un-
der consideration the Determination of the order of Location, Granted
to Andrus, Holbrook & others for six Townships. On molion of M1'-
Olcott the question was put wheather the preference be granted to the.
aforesaid Andrus, Holbrook & others, or their agents (before the laying
the flying Grants) to the Vacant Lands bounding west of Averil North
of the Lands Granted by this State & South of the Province Line, be-
ing a Gore as appears on the Surveyor Generals Plan; it passed in the
affirmative. Attest, Joseph Fay, Secy-
Agreeable to the order of yesterday the Council took under conside-
ration the petition of Samuel Sherman, a Criminal under Sentence of
the Supreme Court, to be Croped [cropt,] Branded & to be confined for
Life &c. Having considered the Prayer of said petition, Resolved that so
much of the aforesaid punishment be remitted that he be released from
being Croped, [cropt.] The other part of the Sentence of the Honble
Supreme Court to be Executed this day between. the Hours of 2 &3
°Clock P. M. agreeable to the Sentence of the Court.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
An act to Lay a Tax of 2d- on the acre of Land in the Town of Mid-
dlebury was read & approved.
On the petition of Thomas Miller being read having been before the
General Assembly & M1'- Burt, Mr- Wells & Mr- Cook being appointed
to join a Committee of Council to Take said petition with the remon-
strance against Granting the prayer thereof, Resolved that M1'- Olcott
join said Committee for the purposes aforesaid.
On application to this Council by M1'- Timothy Phelps, requesting that
Jonathan Hunt Esqr- be directed to Diliver up a certain Note of Hand
given him by Charles Phelps Jur- to the amount of About £7 for Goods
of said Timothy Phelps sold by said Hunt for the use of the State in
1783, Resolved that said Hunt be & he is hereby directed to Diliver up
said Note to the said Timothy Phelps, Taking Rec*- therefor.
A petition signed Gershom Beach, praying for Relief, relating to an
Obligation given in behalf of the Inhabitants of the Town of Rutland,
having been before the House & Mr- Brownson, Mr- Goodrich & Mr-
Bridgeman being appointed a Committee to join a Committee of Coun-
cil, Resolved that Mr- Safford join said Committee.1
A petition signed Jethro Jackson was read having been laid before the
General Assembly and Mr Bridgeman, M1'- B. Burt, and M1- Shelden,
i Mr. Beach's claim was for <£49 8 4, alleged to have been paid by him
as the proportion of Rutland for the expense of the mission of John
Breakenridge and Jehial Hawley to England in 1772-3, in behalf of the
claimants under New Hampshire grants.
Governor anci Council — March 1787. 133
appointed a Committee to join a Committee of Council, Kesolved that
Mr Murdock join said Committee.
A petition Signed Benjamin Warner praying for Confirmation of a
Deed which is lost. Executed to him by Mr- [Ephraim] Cowen, was read
& Resolved, that Mr Porter join a Committee from the House thereon,
& also to join a Committee on the Petition of John Rugg.
A petition Signed John Kelly praying for confirmation of Land was
read having been committed by the House to Mr- Brownson, Mr- Brig-
ham, M1- Marvin. Mr- Butterfield, Mr Bridgeman, and Mr- Bliss, to join
a Committee from the Council, Resolved that Mr- Tichenor, Mr- Hunt,
& M1*- Walbridge join said Committee.
An Act Establishing the Constitution of Vermont was read and Con-
curred.1
An Act for Marking & Branding Sheep and Cattle was read [and]
Concurred.
An Act Regulating Waits [weights] & Measures was read and Con-
curred.
An Act for the punishment of Divers [capital] and other Felonies
was read & concurred.
A petition prefered to this Council by Stephen R. Bradley & Noah
Smith Esqrs- and others was read, and M1- Tichenor, M1- Walbridge &
M1'- Saffbrd appointed thereon to join a Committee of Assembly to Take
the same under Consideration State facts and make Report.
An act for the Punishment of Trespasses was read and approved.
Adjourned to 9 °Clock Tomorrow.
1 This act declared that the constitution " as revised and established by
Convention held at Manchester in June one thousand seven hundred
and eighty-six, subject to such alterations and additions as shall be made
agreeably to the XLth Section in the Plan of Government, shall be for-
ever considered, held and maintained, as part of the laws of this State."
The act also provided that "subjects of the United States of America,
shall, within this Commonwealth, be equally entitled to the privileges of
law and justice with the citizens of this State," " and that without par-
tiality and delay"; and that no man's person shall be restrained or im-
prisoned unless by authority of law.
The constitution had not only been amended by the Convention of the
preceding June, but redrafted, and was then to be printed with the re-
vised statutes of 1787. As the first constitution had been " established "
by legislative statutes in 1779 and 1782, so in 1787 it was deemed pru-
dent to " establish " the amended constitution in the same way, as a part
of the laws of the state. The opinion still prevailed that the Legisla-
ture was sovereign: " no idea was entertained," said Daniel Chipman,
" that an act of the legislature, however repugnant to the constitution,
could be adjudged void or set aside by the judiciary."— See Chipman's
Memoirs of Chittenden, pp. 100-113. Its right to establish the constitu-
tion of course would not be questioned. The original and the amended
constitution both having been adopted by the representatives of the
several towns in Conventions, and confirmed by the representatives of
the same towns in the General Assembly, these instruments were sanc-
tioned by the two highest authorities then recognized by the people. — See
Vt. Hist. Soc. Collections, Yol. n, pp. 277-279, 429, 448, notes.
134 Governor and Council — March 1787.
Bennington 3d March 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esq1- His Honor Joseph
Marsh Esqr- And the following Members of the Honble Council, Timo-
thy Brownson Samuel Fletcher Peter Olcott Thomas Murdock Jacob
Bayley Samuel Safford Thomas Porter Ebenezer Walbridge Jonathan
Hunt & Isaac Tichenor Esqrs- Joseph Fay Sec*'- Jonas Galusha Sheriff.
An Act for Laying a Tax of one penny on the acre on all the land in
the Town of Rockingham was read & approved.
An Act for laying a Tax of one penny on the acre on all the land in
the Town of Chester for building a Town House was read and Con-
curred.
An Act Impowering Jacob Galusha Adm1'- on the Estate of Elijah
Galusha Decd- to Deed a Right of Land, was read and Concurred.
An Act for Abatement of Taxes was read and Concurred.
A petition Signed Peleg Sunderland was read and Refered to the Com-
mittee appointed on Warners & Ruggs Petition.
An Act Relating to Witnesses & Taking affidavits out of Court was
Read and approved, omitting the word thirty in Lieu of 20 miles pro-
posed as an amendment on said bill.
Honble John Fassett Esq1- left the Council to return home.
An act Granting a New Tryal in the case of Cobb vs. Loom is was read
& Concurred.
An Act for Partation [partition] of Lands was read and Concurred.
An Act adopting the Common and Stattute Laws of Great Britain was
read & Concurred. l
An Act Relating to auditors and actions of accounts was read & Con-
curred.
An Act for the prevention of Frauds and perjuries was read and Con-
curred.
An Act for Electing Governor &c. was read and Concurred.2
An act for Transfering the Treasury was read and Concurred.
The yeas and nays being Called for by Mr- Brownson they are as fol-
lows : Teas— Mr- Walbridge M1- Safford Mr Bayley Mr- Marsh M1-
Moredock & Mr- Hunt. Nays— Mr- Fletcher Mr- 'Olcott & Mr- Brown-
son.
To the above determination His Excellency the Governor Enters his
decent [dissent.]
On a bill from the House appointing a Committee of three to join a
Committee of Council to enquire into the petition [position] of the
Grants of Land that have been heretofore made by this Assembly & re-
port a Stating of the Same, and also to Enquire what Charters have been
Issued, & what Towns that have been Granted that are not Chartered,
And also to report their Opinion respecting Issuing Charters according
to the Priority of the Grants, the members choosen, Mr- Dewey, M1-
1 This act adopted so much of the common law of England, and also
so much of the statutes of Great Britain, enacted previous to October 1
1760, in explanation of the common law, as was not repugnant to the
constitution or any statute of this State.
2 Election of State officers, Councillors, and town Representatives. A
remarkable feature of this act was, that every freeholder was made a
freeman; whereas the constitution provided that " every man," &c. " shall
be entitled to all the privileges of a freeman of this State."
Governor and Council — March 1787. 135
Goodrich, & Captain Ward, Resolved that M> Bayley, Mr- Saftbrd & Mr.
Walbridge join the Above Committee.
Whereas the Townships Granted by this State lying westerly of Wen-
Icck & Ferdinend viz4- Na 31 on the plan Granted to Elihu Marvin &
Company, N°- 32 Granted to Commidore Whipple & Company, N°- 33,
Granted Jedediah Elderkin & Co. & N°- 34 & N°- 43, have fallen in very
inconvenient shape, and are thrown partly acros Canada Line & Lake
Mcmphramagog, therefore Resolved that the Surveyor General be re-
quested to Call on the proprietors of said Townships who have Taken
out charters to see if they will give up such Charters, and Take out
others, nearly on the same Land in more convenient form.
Attest, Joseph Fay, Secy-
Adjourned to 9 °Clock Monday next.
Monday, 5th March 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esq1- His Honor Joseph
Marsh Esqr- & The Honble Timothy [Brownson] Samuel Safford Peter
Olcott Thomas Murdock Jacob Bavley Ebenezer Walbridge Samuel
Fletcher Jonathan Hunt & Isaac Ticnenor Esqrs- Joseph Fay Secy-
Jonas Galusha Sheriff.
A petition Signed Joseph Marsh, praying for a Grant of a Township
of Land, was read having been read in General Assembly, and Mr-
Dewey, Ml- Goodrich & Captain Ward appointed to join a Committee
of Council, Resolved that Mr- Bayley, Mr- Safford, & Mr- Walbridge join
said Committee.
In General Assembly, 5th March 1787.
Resolved that the second Wednesday in April next be Observed as a
day of Public Fasting within this State, and that His Excellency the
Governor be requested to Issue his Proclamation -for the due Observance
thereof. Extract from the minutes.
Micah Townsend Secy-
An Act pointing out the office & Duty of the Secretary of State was
read & sent back to the House with proposals of amendment.
Resolved that Mr- Olcott and Mr- Ticnenor be a Committee to make a
Draft of a bill for Limitting the Time for Recording Deeds.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
An Act discharging Abel Spencer from his Debts was read & sent
back to the House with proposals [of] amendment viz*- that his body
only be exempted in said bill.
The following bounds was proposed by Ira Allen Esqr- viz*-
Jaeksous Gore was Granted February 23d- 1781, and for want of Char-
ter, Actual Surveys &c, it is not in my Power to Attest Bounds, But
Submit the following bounds for the Perusal of your Excellency & Coun-
cil, viz*- Bounding on the East Side of Wallingford, North on Shrews-
bury, East on Ludlow, Extending Southerly in the Gore between the
Towns Granted by New Hampshire so far that a line Extended East five
degrees south a Crost said Gore will Contain Nine thousand Seven hun-
dred acres of Land and no more. I am your Humble Servant,
Ira Allen.
Bennington March 5 1787.
To His Excellency Thomas Chittenden Esqr-
Resolved that the Sec^- of Council be and he is hereby directed to
Issue a Charter of Incorporation to Abraham Jackson Esqr- & . Corny-
136 Governor and Council — March 1787.
agreeable to the aforesaid bounds proposed by the Surveyor General, &
that said bounds be Entered on the minutes of Council.
Attest, Joseph Fay Secy-
His Honor Governor Marsh Obtained Leave (yesterday) of Absence
during the present Session.
A memorial from the Honble Doct1"- Arnold was recd- on file, having
been read in Council.
An Act to Enable Gershom Beach to Collect forty nine pounds 8'- 4d-
of the Treasurer of the County [town] of Rutland was read and Con-
curred.
An Act directing the form of Writts was recd- read & returned to the
House by Mr- Tichenor with proposals of amendment.
Adjourned to 8 °Clock Tomorrow.
Tuesday 6th March 1787.
Met according to Adjournment
Present His Excellency Thomas Chittenden Esq1'- And the following
Members of the Honble Council, Timothy Brownson Samuel Fletcher
Peter Olcott Thomas Murdock Thomas Porter Ebenezer Walbridge
Jonathan Hunt & Isaac Tichenor Esqrs- Joseph Fay Secy- Jonas
Galusha Sheriff.
An Act for the appointment and Regulating Attorney8 and pleadings
at the Barr was Read and Concurred.
An Act to make certain Articles of personal property a Tender on
Execution in cases therein mentioned was read & Concurred.1
The Governor & Council having Considered the memorial of the Honb,e
Jonathan Arnold praying for the suspending of the payment of part of
the Granting fees of the Township of SL Johnsbury until the 1*- day of
November next and that the Charter of said Township be Granted as
specified therein and that the Name be SL Johnsbury,
Resolved that the prayers thereof be Granted as set forth in said Me-
morial Except the one half of said fees which is to be paid in State Se-
curity in June Next Agreeable to the former time Limitted. •
Attest, Joseph Fay Sec*-
An Act of Insolvency in favour of Abel Spencer was read & Con-
curred.
An Act for the Settlement of Testate and Intestate Estates was read
and Concurred.
An Act Authenticating Deeds was read and Concurred.
An Act for maintaining Stocks, Sign Posts & Pounds in this State was
read and Concurred.2
1 Neat cattle, beef, pork, sheep, wheat, rye, and Indian corn were made
a lawful tender if turned out by the debtor on execution. The property
was to be appraised at the place of payment specified by the contract;
or, if no place was specified, at the sign-post in the town where the
plaintiff lived, if in the state; or at the sign-post in the town where the
property was taken, in case the plaintiff resided out of the state.
2 The stocks for the punishment of offenders, and the sign-post for
publishing official notices and warrants, and appraising property turned
out on execution, were to be " erected in the most public place in each
respective town."
Governor and Council — March 1787. 187
An Act directing the forms of \Vrritts was read and Concurred.
The following Resolve of the General Assembly was recd- & Read —
vizt:
In General Assembly March 5 1787.
Resolved that this Assembly will Grant to the Honble Jonathan Hunt
Esq1"- & his associates being sixty four in Number a Township of six
miles Square, or Lands equal in quantity, for such fees and under such
restrictions & Reservations as His Excellency the Governor & the Honble
jthe Council shall think proper, as soon as the Surveyor General shall be
satisfied that there is a sufficient quantity of unlocated Lands not hereto-
fore Granted & which shall not be wanted to make up the deficiency of
Grants previously made by this State.
Extract from the Minutes. Micah Townsend Secv-
An Act for appointing & Supporting Schools &c. was read & Con-
curred.1
Adjourned to 2 "Clock P. M.
Met according to Adjournment.
An Act regulating Fishery55 was read and Concurred.
An Act relating to bills of Divorce was read and Concurred.
On motion of the Honble Jacob Bayley Requesting that similar Indul-
gence be granted the proprietors of Banvillee as is Granted to the Honble
Jonathan Arnold Esqr- as set forth in his Memorial to the Governor &
Council this da3r considered, in every particular, Therefore Resolved that
the proprietors, of said Banvillee be under the same Advantage as is
Granted to the proprietors of SL Johnsbury Excepting that said Propri-
etors of Banvillee shall pay on or before the first day of June Next
Twenty Six Pounds L. Money in Silver for the payment of certain Ex-
egences of the State for Moneys Borrowd- at Philadelphia by our Agents
at Congress; on the fulfilment of which payment the aforesaid Resolve
to be in force and not otherwise.2
xThe towns were to fix the school-districts; and each district was to
appoint one person, who, with the selectmen, were to be trustees of
schools within the town, with power to employ and remove teachers,
lease lands and real estate, loan money, and bring suits for the recovery
of money, land, or other estate, for the benefit of the schools. The
judges of the county court were authorized to appoint trustees with like
powers tor county schools.
2 Oct. 28 1787, Jacob Bayley of Newbury, a member of the Vermont
Council, wrote to Gov. Clinton of New York, asking pay for his " Suffer-
ings in behalf of New York." He wrote to Clinton in these words:
" Your land in Newbury is saft — have secured Hilsborough [part of
Danville.] all others on the York Grant is gone or at least granted by
this State if 1 could have had a plan or Map of your Claim I mio-ht
have saved some John Kelly has a grant of St. George and says it is all
his I wish to know and have the Bound sent." It is stated in H. Hall's
Early History, p. 459, that Gov. Clinton claimed land in Cavendish under
a New York grant, but to what extent he was a claimant was not known.
The above letter of Gen. Bayley proves that Gov. Clinton was a claim-
ant in Newbury, and the allusion to Hillsborough permits the. inference
that he was a claimant in that territory also. The New York grant of
138 Governor and Council — March 1787.
An Act .concerning Strays & lost Goods was read and approved.
An Act giving remedy against Tenents in Common was read and ap-
proved.
A petition sigued by a number of the Inhabitants of the County of
Bennington, relative to said Counties being Taxed for building a Court
House and Goal in the Town of Bennington Mr- B. Brown, Mr- Em-
mons, and Mr- Bridgeman being appointed a Committee from the House
to join a Committee of Council, Resolved that Mr- Hunt & Mr- Olcott
ioin said Committee.
An Act to restrain the Taking of excesive usury was read & Con-
curred.
An Act Appointing County Surveyors was read and Concurred.
Adjourned to 8 °Clock Tomorrow.
Bennington 7 March 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- and the following
members of the Honble Council viz*- Timothy Brownson Samuel Fletcher
Jacob Bayley Thomas Porter Thomas Murdock Peter Olcott Ebenezer
Walbridge Jonathan Hunt & Isaac Tichenor Esqrs- Joseph Fay Secy-
Jonas Galusha Sheriff.
In General Assembly Feb? 26 1787.
The Members of Addison County Nominated Mr- Elijah Foot of N.
Haven, Caleb Smith of Shelburn & Ira Allen Esqr- of Colchester for Jus-
tices of the Peace who were appointed to that office.
Extract from the Minutes. Micah Townsend Secy-
Copy Attest Jos. Fay Secy-
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
An Act against Counterfeiting and passing bills of public Credit &c.
was read and Concurred.1
Hillsborough covered about one half of the present town of Danville,
which was chartered by Vermont to Bayley and associates, Oct. 31 1786.
Gov. Clinton's name does not appear in the list of persons who were
compensated for land out of the Vermont fund: hence he either disposed
of his claim to others or forbore to make it known, lest he might be
charged with a pecuniary interest in his persistent hostility to the inde-
pendence of Vermont. The St. George, granted to John Kelly, was not
the present town of that name, but Lowell — first name Kelly vale. Gen.
Bayley's letter, above quoted, is No. 5909 of the Clinton Papers, now in
the New York State Library.
x The penalties for forging, counterfeiting, or altering a bill of credit
of any State, or of the United States, or of the bank of North America,
were these:
Every person or persons so offending, being convicted thereof before
the Supreme Court of this State, shall be punished by having his right
ear cut off, and shall be branded with the capital letter C on a hot iron,
and be committed to any gaol or house of correction, there to be con-
fined and kept to work under the care of a master, and not to depart
therefrom without special leave from the Assembly of this State, until
Governor and Council — March 1787. 139
An Act Granting a New Tryal in the case of Thomas Jincks vrs. Da-
vid Hinds was read & concurred.
An Act Limitting the Time of Holding County offices was read and
approved.
An order given Jonas Galusha Esq1'- Sheriff for distributing Procla-
mations &c. for £7 5 0 by order of Council. Joseph Fay. Secv-
Adjourned to 8 °Clock Tomorrow.
[Bennington, March 8 1787. j
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- and the following
Members of the Honb,e Council viz4- Timothy Brownson Peter Olcott
Thomas Murdock Samuel Fletcher Jacob Bayley Samuel SafFord Eben-
ezer Walbridge Thomas Porter Jonathan Hunt & Isaac Tichenor Esqrs-
Joseph Fay Esqr- Secy- Jonas Galusha Esqr- Sheriff.
The Governor & Council having Taken under consideration the peti-
tion of a number of the Inhabitants of the County of Windsor praying
for Remission of Fines Imposed on them by the Honble Supreme Court
in November last, whereupon Resolved that the further Consideration
of said petition be postpooned until the next October Session, & that the
Collection of said tines be suspended until that Time.
The Honble Thomas Murdock on Motion obtained Leave of Absence
during the present Session.
Adjourned to 2 "Clock P. M.
Met according to Adjournment.
An Act directing the listers in their office and duty was read & Re-
turned to the House by M1'- Tichenor with proposals of Amendment.
An Act laying a Tax on the Town of Leicester of one penny pr- acre,
was read and returned to the House with proposals of amendment.
An Act directing the mode for collecting Taxes or Rates was read &
Concurred.
An Act Regulating Proprietors Meetings was read and ordered to be
returned to the House by Mr- Tichenor to Explain the proposals of
amendment.
An Act defining the Powers of the Supreme & County Courts', was
read & Returned by M1- Tichenor with proposals of amendment.
An act for the Punishment of Defamation was read & Concurred.1
the day of his, her or their death ; under the penalty of being severely whip-
ped by order of any Court or Justice, and thereupon to be returned to
his former confinement and labour: and all the estate of any person
offending as aforesaid, shall be forfeited to this State, and may be accord-
ingly seized for that purpose, by order of the Court before whom such
offender is convicted.
1 An Act for the punishment of Defamation:
Whereas defaming the civil authority of the State greatly tends to bring the
same into contempt, and enervate the government, for the prevention
whereof,
Be it enacted, &c. That whosoever shall defame any Court of justice,
or any sentence or proceedings thereof, or any of the magistrates,
Judges or Justices of any such Court, in respect of any act or Sentence
therein passed, and be thereof legally convicted before the Supreme
Court in this State, shall be punished fo~ i*» >ame by fine, imprisonment,
140 Governor and Council — March 1787.
An Act of Retaliation, or Making all articles of Specia a [a special]
Tender in this State that is in other States as expressed therein was read
and Concurred.1
An Act to prevent falling Trees into Creeks and Rivers, was read and
Concurred.
An act directing what money shall be a Legal Tender or Currency in
this State, [and at what rate the same shall pass,] was read and Con-
curred.2
An Act for Laying out Highways was read and Concurred.
Adjourned to 8 °Clock Tomorrow.
Friday 9th- March 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- & the Honble Timo-
thy Brownson Samuel Fletcher Peter Olcott Thomas Porter Samuel
Safford Jacob Bayley Ebenezer Walbridge Jonathan Hunt & Isaac Tich-
enor Esqrs- Joseph Fay ^ec^- Jonas Galusha Sheriff.
An Act Regulating Civil Actions was read and Concurred with the
amendments sent back on the bill.
An Act Regulating Proprietors Meetings was read and returned with
proposals of amendment by M1'- Tichenor.
An Act Providing for and ordering Transient, Idle, impotent, &
poor persons, was read & Concurred.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
An Act for Levying a Tax of one penny half penny on the acre of
Land in the Township of Redding [Reading] was read and Concurred.
An Act directing the Sale of States Land in Londondarry was read &
Concurred.
disfranchisement, or banishment, as the quality and measure of the
offence, in the opinion of the Court before which the trial is had, shall
deserve.
In 1788 this act seems to have been so construed as to apply to defam-
ation of the General Assembly. Oct. 16 1788, Joshua Tracy Esq. of
Orwell was arrested and brought to the bar of the House for this offence,
when the sheriff was ordered to take him before a magistrate, and Hon.
Noah Smith, then State's attorney, was requested "to attend to see that
he be proceeded against according to law." On the next day, Tracy was
discharged, " he having made satisfaction to the House for his insult
against them." — Printed Assembly Journal of 1788, pp. 19, 21.
1 The title was, " An act to place the subjects of the United States
upon the same footing in suits at law in which the subjects of this Com-
monwealth are put by their respective laws."
2 All genuine coined gold, silver, and copper; gold of the fineness of a
half-johannes at the rate of five shillings and four pence a penny weight;
Spanish milled silver dollar weighing seventeen pennyweights at six
shillings, and other silver coins in proportion; and coppers, weighing
three to the ounce, at two pence.
Governor and Council — March 1787. 141
An act for the disposal of Fines & penalties &c. was read and Con-
curred.
An Act to Compel the fulfilment of Contracts [according to the intent
of the parties] was read and Concurred.
An Act Establishing post offices was read and Concurred.1
An Act for the due observence of the Lords day was read and con-
curred.
An Act for mending and Laying out Highways was read and approved.
An Act directing Town Clerks in their office and duty was read &
concurred.
An Act Laying a Tax of one penny on each acre of Land in Glossen-
bury [Glastenbury] was read and Concurred.
An Act pointing out the office and duty of Sheriffs was read and Ap-
proved.
An Act laying a Tax of one penny half penny on each acre of Land
in the Township of Jamaca was read and returned proposing that the
Tax be only one penny.
An Act Regulating Goals and Goalers was read and Concurred.
An Act for' assessing fees on Lands Granted was read & returned with
proposals of amendment.
An Act for Limitation of Actions was read and concurred.
An Act pointing out the office and Duty of Secretary of State being-
debated in Grand Committee, Resolved that the further consideration
of said bill be suspended until the next Session of Assembly.
Adjourned to 7 °Clock Tomorrow.
Saturday 10th- March 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esq1"- the Honble Timothy
Brownson Samuel Safford Thomas Porter Jacob Bayley Peter Olcott
Ebenezer Walbridge Jonathan Hunt & Isaac Tichenor Esqrs- Joseph
Eay Secy- Jonas Galusha Sheriff.
An order given to LL Jonathan Robinson for £'4 4 0 for his Service as
Committee of pay Table.
An order drawn in favour of Col0- Timothy Brownson for £4 17 8 for
his services as Committee of pay Table.
An Act Impowering the Widow Sarah Eay to Sell part of the real
Estate of Benjamin Fay Esqr- Decd- for payment of Debts &c. was read
and Concurred.
An Act relating to Committees of Safety, and Commissioners of Se-
questration, was Read, having originated in Council was sent to the
Honorable General Assembly to be passed into a Law.
An Act for Regulating Tavern keepers was read & Concurred.2
1 By this act, post-offices were established at Bennington, Rutland,
Brattleborough, Windsor, and Newbury.
2 The county court was empowered to license persons as inn-keepers
who had been nominated by magistrates, selectmen, constables, and
grand jurors of the town: or in their discretion to refuse to license if
too many or unfit persons were nominated. Each inn-keeper was re-
quired to give a bond in the sum of £30, and to pay a fee not exceeding
£10 per annum. The names of tavern haunters were to be posted at the
door of every inn in town, and inn-keepers were prohibited from enter-
142 Governor and Council — March 1787.
An Act Granting a Land Tax on Land in Halifax was read and Con-
curred.
An Act Impowering the Sale of part of the real Estate of Airea
[Ara] Rose Deceased, was Bead & Concurred.
An Act Repealling the Laws of this State was read & concurred.1
The Governor and Council having Taken into consideration the peti-
tion of Captain John Stevens, Joseph Randel and Others in behalf of
a number of the Inhabitants of Rutland County, praying for Remission
of Fines imposed on them by the County Court in & for the County of
Rutland in November last, Resolved that the Collection of said fines be
and they are hereby suspended until the next Session of Assembly in
October next. Attest, Joseph Fay Secy-
An order Granted to Hough & Spooner for ,£33 10 L. Money for print-
ing Laws &c.
An act Natrualizing [naturalizing] Se- John De Creavceur [Crevecceur]
and His three Sons was read and Concurred.
Jonas Galusha Esqr- Sheriff in and for the County of Bennington hav-
ing resigned his office as Sheriff, Resolved that his Resignation be ac-
cepted.
On Motion the Ballots was Called for the appointment of Sheriff in
and for the Comity of Bennington when Captain David Robinson was
declared to be duly choosen.
Resolved that the Honorable General [Ethan] Allen be requested to
Write to the Honble SL John [de Crevecceur,] late Consul of France, in
answer to his Letters; Inclosing a Copy of the Act Natrulizing him &
his three Sons Citizens of this State, and inform him that this Council
Entertain a high Sense of his Generosity in the offers made in his let-
ters of furnishing a State Seal &c. — And assure him of the rediness of
this State to serve him and his friends, And to perpetuate the names of
the noble Patriots of France to the latest Posterity Agreeably to his
request in the aforesaid Letters, And that he be informed of the Names
already given to Cities & Towns in this State, & that a return will be
made of the General Survey to Enable him to Complete a Map as soon
as the Surveys can be Compleated.
On Motion of His Excellency for appointing the Secretary of Council
and one or more members of Council in Bennington to be vested with
the Power of Drawing on the Treasurer orders on the hard money
Taxes for Exigences of Government, Resolved that Joseph Fay Esq1--
with the Honble Samuel Safford & Isaac Tichenor Esquires or either of
them, be and they are hereby Vested with Power to Draw hard money
orders on the Treasurer for such sums as shall be found necessary for
the Exigences of Government until the next October Session.
On Motion of the Honble Ira Allen Esqr- Representing that the lines
of Topsham were found Wrong as given by the General Assembly, on
taining them, or furnishing liquor to them, on a penalty of ten shillings
for every offence. If inn-keepers failed to observe the laws, or keep due
order in their houses, their bonds were to be forfeited, with costs. Any
person who sold less than one quart of intoxicating liquor without a
license was subject to a penalty of £3 for the first offence, £6 for the
second, and so on doubling the penalty for each repetition; and if unable
to pay fines and cost and give a bond for good behavior, on a second con-
viction such person might be assigned to service to pay fines and costs,
or be imprisoned.
1 All Acts superseded by the revised statutes of 1787 were repealed.
Grovernor and Council — March 1787. 143
Examination [of] the charters, which interferes with the Towns of Or-
ange and Wildersburgh [Barre,] Resolved that the Surveyor General be
and he is hereby impowered to make such alterations as shall be found
right agreeable to their respective charters.
Resolved that all such proprietors who have lands Granted and not
chartered in this State, shall on furnishing provisions & other neces-
sary8 to the Surveyor General for surveying the same, be intittled to
their charters according to the Priority of their Grants, and all such pro-
prietors are requested to Take Notice hereof and furnish the aforesaid
Necessaries to the Surveyor General, who is ready to Attend on the
business.
An Act to prolong the time of Redeemtion [redemption] for Certain
lands therein mentioned, having been laid before the Gen1- Assembly
and dismissed, Resolved that said bill be Lodged with the Secretary on
the files, and laid before the House in October next.
End of the Session Held at Bennington in February &
March 1787.
Attest, Joseph Fay Seat-
Bennington, 26 March 1787.
The following are orders drawn on the Treasurer by the Honble Sam-
uel Safford Isaac Tichenor and Joseph Fay Esquires in the recess of the
General Assembly to answer the Exigences of the State.
An order drawn on the Treasurer in favour of Messrs- Haswel and Rus-
sel for Printing for thirty pounds.1
Signd- Isaac Tichenor ) By order of the
£30 901 Joseph Fay | Govr- and Council.
April 14 1787.
An order drawn on the Treasurer in favour of Mrss- Haswel & Russell
for Twelve pounds.
£12 0 0
May 7th 1787.
An order drawn on the Treasurer in favour of John Knickerbakor
Esqr- for his service as Treasurers Clerk for Twenty four pounds.
£24 0 0
An order drawn on the Treasurer in favour of Joseph Fay for Mili-
tary Commissions for Twelve pounds.
£12 0 0
Bennington June 1*- 1787.
An order drawn on the Treasurer in Favour of Mr- Elihu Russel for
Riding post for Ten pounds.
£10 0 0
An order drawn on the Treasurer in favour of Joseph Fay for Mili-
tary Commissions for Nine pounds Twelve shillings.
£9 12 0
1 Thus on the record.
144 Governor and Council — March 1787.
June 12 1787.
An order drawn on the Treasurer in favour of Deacon Jonas Whitney
for riding Post for Sixteen pounds.
• £16 0 0
June 25 1787.
An order drawn on the Treasurer in favour of Samuel Mattocks Esq1'-
for the sum of six pounds Eighteen shillings and Eight pence.
£6 18 8
August 7th- 1787.
An order drawn on the Treasurer in favour of Mr8S- Hough & Spooner
for Printing & Biding Post for thirty Eight pounds Two shillings &
Eight pence.
'£38 2 8
Bennington August 24th- 1787.
An order drawn on the Treasurer in favour of Mrss- Haswel & Russel
for Printing General, Brigade & Regimental returnes for six pounds.
£6 0 0
An order drawn in favour of Joseph Fay for Recording the Journals
of Council from October 14 1784 to the End of their Sessions in Febru-
ary & March 1787 Computed at 5d- for every hundred words, Also for 72
Military Commissions, in the whole nineteen pounds four shillings.
£19 4 0
ELEVENTH COUNCIL.
OCTOBER 1787 TO OCTOBER 1788.
Thomas Chittenden, Williston, Governor.
Joseph Marsh, Hartford, Lieutenant Governor.
Councillors :
Timothy Brownson, Sunderland.
Peter Olcott, Norwich,
Jacob Bayley, Newbury,
Samuel Fletcher, Townshend,
Thomas Porter, Tinmouth,
Thomas Murdock, Norwich,
Samuel Safford, Bennington,
John Fassett, Jr., Cambridge,1
John Strong, Addison,
Jonathan Hunt, Vernon,
Eben'r Walbridge, Bennington,
Isaac Tichenor, Bennington.
Joseph Fay, Bennington, Secretary.
RECORD OF THE GOVERNOR AND COUNCIL
AT THEIR
SESSION WITH THE GENERAL ASSEMBLY HELD AT NEW-
BURY, OCTOBER 1787.
In Council Newbury 11th October 1787.
Present, His Excellency Thomas Chittenden Esq1'- Governor, and the
following Members of the Honble Council viz*- Honble Samuel Safford
Peter Olcott Jacob Bayley John Fassett John Strong Ebenezer Wal-
bridge Isaac Tichenor & Jonathan Hunt Esqrs- Joseph Fay Secv-
Resolved that a Committee of six be appointed to join a Committee
from the General Assembly to receive, sort and count the votes of the
1 Nathaniel Niles was elected, but did not qualify, and resigned on
the 18th of October, when John Fassett, jr., then a representative of
Cambridge in the Assembly, was unanimously elected to fill the vacancy.
Judge Fassett took his seat in the Council Oct. 25th, having served in
the Assembly until that time.
11
146 Governor and Council — October 1787.
Freemen for Governor, Lieutenant Governor, Treasurer and Twelve
Councillors for the year Ensuing. Members chopsen, Mr- Safford, M1
Strong, Mr- Walbridge, M1- Tichenor, M»- Olcott, and Mr Hunt.
A Letter was recd- from Gamaliel Painter Esquire Resigning his office
as Sheriff in and for the County of Addison; the same was read & ac-
cepted.
The resignation of Samuel Knight Esqr- chief judge of the County
Court in and for the County of Windham, was rec*- read & accepted.
The Committee appointed to join a Committee of the General Assem-
bly to receive, sort and Count the votes of the Freemen for Governor &
other officers declare the following persons to be choosen vizf- His Ex-
cellency Thomas Chittenden Esq1- Gov- Joseph Marsh Esqr- Lt: Gov'-
Samuel Mattocks Esq1-- Treasurer and the following Gentlemen Council-
ors viz1- Honble Samuel Safford John Strong Jacob Bayley Timothy
Brownson Peter Olcott Samuel Fletcher Thomas Porter Thomas Mur-
dock Ebenezer Walbridge Jonathan Hunt Isaac Tichenor & Nathaniel
Niles Esqrs-
Adjourned to 9 °Clock Tomorrow.1
Friday October 12 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esq1-- and the following-
Members of the Honble Council vizf- Honble Samuel Safford Jacob
Bayley Peter Olcott John Strong Ebenezer Walbridge Jonathan
Hunt & Isaac Tichenor Esqrs- Joseph Fay Esq1"- Secv- John G. Bajley
Esqr- Sheriff.
His Excellency the Governor & the above named members, Having
been duly qualified according to Law, Took their Seats accordingly.
His Excellency requested the Council to proceed by Ballot to choose
their Secretary for the year ensuing. The Ballots being Taken Joseph
Fay Esq1-- was declared to be duly Elected & was sworn accordingly.
A Letter from His Excellency Governor Bowdoin dated March 10th
1787, enclosing a Resolution of the Senate and General Assembly of the
Common-Wealth of Massachusetts was read, Also one Letter dated
May 16 1787 inclosing sundry resolutions and Copies of Letters, also a
Letter from His Excellency Governor Hancock dated July 5th- 1787 en-
closing a Resolution of Assembly was read in their order.
The Resignation of the Honble Ira Allen Esqr- Surveyor General was
recd- read & accepted. Attest, Joseph Fay Secy-
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
The Governor and Council Proceeded to the General Assembly to lay
before them Sundry Letters, and to point out the necessary business to
be persued the present Session, after which the Governor and Council
joined the General Assembly for the appointment of Judges of the Su-
preme Court. The Ballots being Taken the Honble Moses Robinson
Esqr- was declared duly Elected chief Judge, and the Honble Paul Spooner
1 From the Assembly Journal, Oct. 11 1787:
Resolved that Mr- Dewey be requested to wait on the Reverend M1
Asa Burton and request him to preach an Election Sermon this day and
on his refusal to wait on the Rev'd Mr- Lyman Potter and request him
to preach said Sermon.
Mr. Potter performed this service.
Governor and Council — October 1787. 147
Esqr- and Nathaniel Niles Esqr- was declared duly Elected as side or as-
sistant Judges.
A bill from the House was recd- appointing a Committee of six to join a
Committee of Council to arange the necessary business of the Present
Session, the members choosen Mr Dewey,1 Mr- Marvin, Mr Allen, Mr
Freeman, M> E. Robinson, and Mr Loomis. Resolved that Mr- Tich-
enor, Mr- Hunt and Mr Strong join said Committee.
In General Assembly October 12th 1787.
Resolved that the last Thursday of November next be appointed to
be observed as a day of Public Thanksgiving throughout this State, And
that His Excellency the Governor be requested to Issue his Proclama-
tion accordingly. Extract from the Journals.
RosL- Hopkins, Clk-
A petition signed Cornelius Lynde and Elijah Paine in behalf of the
Proprietors of Williamstown & Northfield, having been read in the Gen-
eral Assembly, and Mr- Sessions, Mr- Chandler, and Mr- Ward appointed
to join a Committee of Council, Resolved that Mr Bayley join said
Committee.
Adjourned to 9 °Clock Tomorrow.
Saturday 13 October 1787.
Met according to Adjournment.
A petition Signed Thomas Sawyer praying for payment for services
rendered this State in the year 1778 having been read in General As-
sembly & Mr- Cooley, Mr Sabin, & Mr Williams appointed to join a Com-
mittee of Council, Resolved that Mr Hunt join said Committee.2
A petition Signed John Harwood praying for Compensation for money
paid for a Certain Farm purchased of Major Chandler Commissioner of
sales, and which was afterwards taken from him by due course of Law,
having been read in General Assembly, and Mr Sessions, Mr- Shumway
& Mr- Emmons appointed to join a Committee of Council, Resolved
that Mr- Salford join said Committee.
A Petition Signed Gamaliel Painter and Thomas Sawyer, in behalf of
the Inhabitants of Leicester and Salisbury having been read in General
Assembly, and Mr- Aiken & Mr- Paine appointed to join a Committee
of Council, Resolved that M1- Walbridge join said Committee.
Adjourned to 10 °Clock Monday next.
Monday Newbury 15th October 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Govr- and the fol-
lowing Members of the Honble Council viz4- the Honble Samuel Saftbrd
1 Mr. Jewett in the Assembly Journal. Elijah Dewey of Bennington,
and Thomas Jewett of Pownal, were members of Assembly.
2 Sawyer commanded the men who repulsed the British and Indians
at Shelburne, March 12 1778. Sawyer paid his men out of the effects of
Peter Sevence, who was supposed to be a tory. In March 1787, Sevence
obtained a judgment in Addison county court against Sawyer for the
property to the amount of £88 lawful money, with costs; the payment of
which, on the above petition, the State assumed.— See Yol. I, pp. 245, 528.
148 G-overnor and Council — October 1787.
Jacob Bayley Peter Olcolt Ebenezer Walbridge John Strong Jonathan
Hunt & Isaac Tichenor Esqr- Joseph Fay Esq1-- Seen- John G. Bayley
Sheriff.
A bill was rec'1- from the General Assembly for dividing the County
of Addison, and a Committee of five appointed to join a Committee of
Council viz*- M1- Dewey, Mr- Marvin, Mr- Sessions, Mr- E. Robinson, and
Mr- Harvey. Kesolved that Mr- Safford & M'- Oleott join sd- Committee.1
An Act repealling an Act passed in favour of Gershoin Beach for Col-
lecting a Certain sum of money &c. having passed the General Assem-
bly was recd- read & Concurred.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
An act Establishing Castleton Grammer school house to be the
County Grammer school for the County of Rutland was recd- read & Con-
curred.2
An act enabling the Proprietors of Williams Town and Northfield to
make new Pitches was read and returned to the General Assembly with
proposals of amendment.
A petition Signed Roswel Hopkins praying for a Grant of Land as a
Compensation for his past Services having been read in General Assem-
bly, and Mr- Allen & Mr- Marvin appointed to join a Committee of Coun-
cil, and Also the Petition of E. Walbridge & Noah Smith Esquires pray-
ing for Lands near Starksboro.
The memorial of Cornelius Lynde was read having been read in Gen-
eral Assembly and Mr- Olmsby, Mr- Clark, Mr- Allen, Mr Cook, M1 Ha-
zen & Mr Loomis appointed to join a Committee of Council, Resolved
that Mr- Bayley join said Committee, as also the committee on the pe-
tition of E. Walbridge and Noah Smith Esqrs- Praying for Lands near
Starksborough.
The Memorial of Cornelius Lynde was read having been read in Gen-
eral Assembly and Mr Olmsby, Mr- Clark, Mr- Allen^ Mr- Cook,. Mr- Ha-
zen & Mr- Loomis appointed to join a Committee of Council, Resolved
that Mr- Bayley join said Committee, as also the Committee on the pe-
tition of E. Walbridge and Noah Smith Esqrs- Praying for Lands near
Starksborough.
The Memorial of Cornelius Lynde was read having been read in Gen-
eral Assembly and Mr Olmsby, Mr- Clark, Mr- Allen, Mr- Cook, M1-
TTazen & Mr- Loomis appointed to join a Committee of Council, Re-
solved that Mr- Tichenor & Mr- Hunt join said Committee.3
Adjourned to 9 °Clock Tomorrow.
1 From the Assembly Journal, October 15 1787:
His Excellency the Governor in behalf of the members of Addison
County requested leave to bring in a bill for dividing the County of Ad-
ison into two distinct Counties — the yeas and nays being required on
the question they are as follows viz. [yeas 42, nays .r52,] so it passed in tin;
affirmative and agreeable to leave his Excellency brought in a bill enti-
tled an act for dividing the County of Addison, forming a new County
and ascertaining the times and places of holding Courts in Addison &
Chittenden Counties.
This bill passed, and Chittenden county was organized by the appoint-
ment of officers at this session.
2 The title of the bill was li an act for establishing a county grammar
school at Castleton in the county of Rutland."
3 The Secretary of the Council entered judge Lynde's memorial twice,
and referred it to different members of the Council. There were two
Governor and Council — October 1787. 149
Newbury Tuesday 16 October 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Gov- and the fol-
lowing Members of the Hon,)le Council viz*- Honble Samuel Safford Peter
Olcott Jacob Bayley Ebenezer Walbridge Isaac Tichenor Jonathan Hunt
and John Strong Esqrs- Joseph Fay Secy- John G. Bayley Esqr- Sheriff.
A bill from the House was recd- & Mr- Dewey, Mr- Shumway, M1-
Marsh, M»- I. Clark, Mr- Thompson, Mr- Fassett, M1- Sessions, Mr- Free-
man, M1- Emmons, Mr- E. Robinson, Mr- Loomis & Mr- Johnson was
appointed a Committee to join a Committee of Council to Take under
Consideration the 7th- article in the arangement [of business] viz*- to
point out some Method for disposing of the [glebe and other] public
Lands, therefore Resolved that Mr- Tichenor, Mr- Safford, & Mr- Wal-
bridge join the above Committee for the purposes aforesaid.
A^petition signed Daniel Burk was read, having been read in General
Assembly, and Mr- Dewey, M1- Clark, M1- Fassett, Mr- Israel Smith,
Mr E. Robinson & Mr- Johnson [appointed a Committee thereon to join
a Committee from the Council,] Resolved that Mr- Olcott & Mr Murdock
join said Committee1
Adjourned to 2 °Clock P: M:
Met according to Adjournment.
His Honor Joseph Marsh Esq1"- L*- Govr- appeared & being duly quali-
fied took his seat accordingly and also the Honble Thomas Murdock Esq'-
appeared and being duly qualified took his seat in Council.
An Act repealling an act passed at Bennington in March last Levying
a Tax in Chester, was read, and having passed the General Assembly
was Concurred.
Adjourned to 9 °Clock Tomorrow.
Wednesday 17th- October 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esq1-- Govr- His Honor
Joseph Marsh Esquire I> Gov1"- and the following Members of the Honble
memorials for the establishment of a college at Williamstown — one from
Elijah Paine and one from Cornelius Lynde — wdiich were referred to the
same Committee in the House. The Secretary of the Council seems to
have omitted a notice of the reference of Judge Paine's memorial for a
college. Probably it accompanied the memorial of Judge Lynde on the
same subject, and was referred to Messrs. Tichenor and Hunt. Oct. 20
1787, the committee reported that " the laudable and generous donation :'
(£2000) proposed to be given for a college or university at Williamstown
would alone be insufficient for the purpose, and as the lands appropria-
ted would not afford an immediate support, the subject should be post-
poned to a future legislature. In 1789, Ira Allen, Gov. Chittenden and
others offered a more liberal donation for the University of Vermont at
Burlington, which in 1791 was accepted and the institution incorporated.
The name " Olmsby " in the Council journal should be Ormsby.
x The petitioner asked " a pension of five dollars per month in conse-
quence of the loss of his arm in the battle near JBennington on the 16th-
of August 1777." The petition was subsequently dismissed; perhaps on
the ground that Congress should grant the pension.
150 Governor and Council — October 1787.
Council viz*- Honble Samuel Safford Jacob Bayley Peter Olcott Ebenezer
Walbridge Thomas Murdock John Strong Isaac Tichenor & Jonathan
Hunt. Joseph Fay Secy- John G. Bayley Sheriff.
An act Laying a Tax of 2 pence on the acre on all the Lands in the
Township of Hubarton [Hubbardton] was read having passed the Gen-
eral Assembly and was Concurred.
A petition Signed Jonathan Elkins praying for a Grant of Land hav-
ing been read in General Assembly & M1 • Marvin, Mr- Harvey, and Mr
Throop appointed to join a Committee to take the same under consid-
eration, Resolved that Mr- Bayley join said Committee and to Take un-
der consideration the Petition of Ephraim Foster, the Wid°- Hester
Warner, & Mark Levingsworth Esqr- praying for Grants of Land &c.
Kesolved that the Surveyor General be & he is hereby directed to re-
ceive Twelve pounds in hard money orders in Lieu of Hard money, of
the Proprietors of a Gore of Land Lying between Tunbridge & Royal-
ton Granted to Governor Spooner and others.
Attest, Joseph Fay Secy-
On a bill from the House appointing Mr- Whitelaw, M1 • Paine & M' •
Painter a Committee to join a Committee of Council to Take under
consideration the return of the Surveyor General, Resolved that M'
Tichenor & Mr- Bayley join the above Committee for the purpose afore-
said.
An Act repealing an act making Copper Coin a Tendery having
passed the General Assembly was read and approved.
Adjourned to 2 °Clock P: M:
Met according to Adjournment.
An act to annex Kingston to the County of Addison having passed
the General Assembly was read and Concurred.
Resolved that the Artilery now the property of this State or in pos-
session of this State be properly Mounted on Cariages at the Expence
of this State.
Adjourned to 9 °Clock Tomorrow.
Thursday Newbury 18 October 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- His Honor Joseph
Marsh Esqr- L* Govr- and the following Members of the Honble Council,
Honble Samuel Satford Jacob Bayley Thomas Murdock Peter Olcott John
Strong Ebenezer Walbridge Jonathan Hunt & Isaac Tichenor. Joseph
Fay Secy- John G. Bayley Sheriff.
The Honble Nathaniel Niles Esqr- being present Resigned his office as
a member of Council which was accordingly accepted.
Resolved that an order be drawn in favour of Barzillee Rice for dis-
tributing acts & Laws to the am*' of Eight pounds.
£8 0 0. By order of Council Joseph Fay Secy-
Resolved that an order be drawn in favour of Elkanah Day Esq1"-
Sheriff for distributing Tax bills, Constitutions &c. for the sum of Twelve
pounds. By order of Council Joseph Fay Secy-
£12 0 0.
Resolved that an order on the Treasurer be drawn in favour of Mesrs-
Hough & Spooner for Printing 400 journals of Assembly of October &
February Sessions, for the Sum of Seventy six pounds L. Money.
£76 0 0. Joseph Fay Secy-
Governor and Council — October 1787. 151
On Motion Resolved that a Member of Council be appointed to till
the vacancy made by the Resignation of Mr- Niles. The Ballots being
Taken The Honb,L' John Fassett Esq1- was Unanimously Elected.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
An act impowering Samuel Johnson to Execute a deed was read hav-
ing passed the General Assembty [and] was concurred.
An act dividing Westminster into two Parishes having passed the
General Assembly was read & concurred.
An act Taxing Land in Woodstock 2cL on the acre was read and con-
curred.
Adjourned to 9 °Clock Tomorrow.
Friday 19th- October 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Govr- His honor
Joseph Marsh Esq1-- I> Govr- and the following Members of the Honble
Council— Honble Samuel Safford Jacob Bayley Peter Olcott Thomas
Murdock John Strong Jonathan Hunt Ebenezer Walbridge Isaac Tich-
enor Esqrs- Joseph Fay ISecv- John G. Bayley Sheriff.
A petition signed George Hough & Alden Spoorier praying for the
exclusive right of printing for this State for seven years, was read, and
Mt- Dewey, Mr- 1. Clark, Mr- Fassett, Mr- Freeman, Mr- E. Robinson,
and Mr- Paine being appointed a Committee to join a Committee of
Council to take the same under consideration, Resolved that Mr- Mur-
dock & M1'- Tichenor join said Committee.
An act in addition to an act intitled an act for Collecting & paying
Rates was read, having passed the General Assembly, was returned with
proposals of Amendment.
An act Dividing the County of Addison &c. [establishing the county
of Chittenden,] having passed the General Assembly was read and Con-
curred.
Adjourned to 2 °Clock P: M:
Met according to Adjournment.
Ap act ordering Writts to be returned to the County Court for the
County of Windham, having passed the General Assembly was read and
Concurred.
An act for Taxing Land in Tunbridge 2 pence on the acre, having
passed the General Assembly was read and Concurred.
An act for appointing a Surveyor General was read & returned to the
Honblc General Assembly, with proposals of amendment.
A petition Signed Benjamin Whipple, praying for Remission of the
line laid on him by the Supreme Court in August last, was read and
Dismissed.
Resolved -that Luke Knoulton Esqr- be and he is hereby appointed
chief Judge of the County Court in & for the County of Windham, in
Lieu of Samuel Knight Esqr- Resigned to Serve until the first of De-
cember Next, & the County Clerk in & for the County of Windham is
hereby directed to Enter his name in the County Commission accord-
ingly.^
Adjourned to 9 °Clock Tomorrow,
152 Governor and Council — October 1787.
Newbury 20 October 1787.
Council Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Gov- His honor Jo-
seph Marsh Esqr- L* Govr- and the following Members of the Honhle Coun-
cil viz1- The Honble Samuel Safford Jacob Bayley Thomas Murdock Peter
Olcott John Strong Ebenezer Walbridge Jonathan Hunt Isaac Tichenor.
Joseph Fay Secy- John G. Bayley Sheriff.
The following Resolution was Reed- from the General Assembly.
In General Assembly October 20th- 1787.
Resolved that this House Request his Excellency the Governor to
Issue his Proclamation Calling upon all the Good People of this State
to render their Strict Obedience to the Laws thereof, and that all Exec-
utive & informing officers be vigilent in executing the said Laws, &
that the Same be Transmitted to the Clerks of the Churches to be read
after Divine Service on the next thanksgiving Day, and Where there is
no Ministers to the Town Clerks.
Extract from the Journals. Rosfj- Hopkins, Clerk.1
An. Act discharging Major William Goodrich from his Debts having
passed the General Assembly was read & concurred.
Mr- Olcott moved for Leave of Absence which was accordingly
Granted on Condition of his returning Tuesday next.
Adjourned to 2 °Clock P. M.
Met according to Adjournment — And Adjourned to 10 "Clock Mon-
day next.
xIn pursuance of this resolution, the governor issued the following,
the occasion being a revisal and re-enactment of the constitution and
general statutes of the State:
BY HIS EXCELLENCY
THOMAS CHITTENDEN, ESQ.
Governor, Captain-General and Commander in Chief in and over
the State of VERMONT.
TTTHEREAS the Statute-Laws are now completed and promulgated for
'* the government and observance of the good people of this State; and
as it is of the highest importance to the peace and happiness of all commu-
nities, that a strict regard be paid, and a due obedience given to such laws
and regulations as are established for their government:
I HAVE therefore thought fit, by and with the advice of Council, and
at the request of the General Assembly, to issue this Proclamation,
strictly requiring and commanding all the good people of this State, to
render strict obedience to the laws thereof. And that all executive and
informing officers be active and vigilent* in executing the said laws:
and all the good people of this State, of every denomination, are re-
quired to take notice hereof and govern themselves accordingly.
Given under my hand in Council, at Newbury, this 20th day of October,
one thousand seven hundred and eighty-seven, and in the eleventh year
of the independence of this State. Thomas Chittenden.
By his Excellency's Command, Joseph Fay, Secrv-
GOD SAVE THE PEOPLE ! f
* A literal copy from the resolution of the General Assembly, the error of a letter in
the word vigilent included.
f Vermont Journal of Nov. 26 1787.
Governor and Council — October 1787. 153
In Council Monday 22* October 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esq'- Govr- His Honor
Joseph Marsh Esq1'- L* Govr- and the following Members of the Honb,°
Council Honble Samuel Saffbrd Jacob Bayley Thomas Murdock Peter 01-
cott John Strong Ebenezer Walbridge Jonathan Hunt tfc Isaac Tichenor
Esq,s- Joseph Fay Secy- John G. Bayley Sheriff.
An Act Dividing the Town of Rutland into two Parishes having
Passed the General Assembly was read & Concurred.
An Act Granting Mrss- Hough & Spooner the exclusive Right of Print-
ing for this State for the term of three years having passed the General
Assembly was read and returned to ye house by Mr- Walbridge with
proposals of Amendment,
An Act dividing the County of Addison was read a second time &
Concurred.
An Act for Levying a Tax of 2 pence on the acre on all the Land in
the Township of Hinesburgh, having passed in General Assembly was
read and returned to the House with proposals of Amendment.
Adjourned to 2 °Clock P: M.
Met according to Adjournment.
A petition Signed Moses Little praying for a Grant of Land, having
been read in General Assembly & Mr- Allen, M1'- Johnson, & M1- E.
Robinson appointed a Committee to join a Committee of Council, Re-
solved that Mr- Safford join said Committee.
On Motion of the Honble Thomas Murdock, (Having resigned his
office as chief judge of the County Court in & for the County of Windsor)
Resolved that His Honor Governor Marsh be and he is hereby appointed
chief Judge of the County Court in & for said County of Windsor, in
the room of the Honble Thomas Murdock Resigned; And the Clerk of
said County Court is hereby directed to Enter his name in the County
Commission accordingly, to Serve until the first day of December next,
Resolved that Samuel Strong be and he is hereby appointed Sheriff of
the County of Addison in Lieu of Gamaliel Painter Esqr- Resigned, to
Serve until the first clay of December next.
Adjourned to 9 °Clock Tomorrow.
Newbury 23 October 1787.
Council met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Gov1- His Honor Jo-
seph Marsh Esq1-- L*' Govr- and the following Members of the Honh,('.
Council Honb,e Samuel Safford Jacob Bayley Thomas Murdock Peter
Olcott John Strong Ebenezer Walbridge Jonathan Hunt & Tsaac Tich-
enor Esquires. Joseph Fay Secy- & John G. Bayley Sheriff.
An order drawn on the Treasurer in favour of General Strong for £7
15 0 for his Wages last October Session at Rutland.
£7 15 0. Signd- Joseph Fay, Secy-
Adjourned to 3 "Clock P: M.
Met according to Adjournment.
A bill from the House containing a Report of Committee appointed to
Take under Consideration the Glebe & Society Rights in this State hav-
ing been read in the House of Assembly & a Committee viz1- Mr- Mar-
vin, Mr- Freeman, & Mr- Sessions [appointed] to join a Committee of
Council, Resolved that Mr- Tichenor join said Committee.
Adjourned to 9 °Clock Tomorrow.
154 Governor and Council — October 1787.
Wednesday 24 October 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esq1- Govr- His Honor
Joseph Marsh Esq1'- I> Govr- Honble Samuel Safford Jacob Bayley
Thomas Murdock Peter Olcott John Strong Ebenezer Walbridge Jon-
athan Hunt Isaac Tichenor Esqrs- Joseph Fay Secy- & John G. Bavley
Sheriff.
An Act for Taxing the Township of Norwich 2d- on the acre having
passed the General Assembly was read & Concurred.
Resolved that the Sec?- of Council be & he is hereby requested to
make out Seperate Commissions for the Hon'ble Joseph Marsh & Luke
Knoulton Esqrs- chief Judges of the County Courts for the County8 of
Windham and Windsor.
In consequence of the appointment of Luke Knoulton Esqr- to be
chief Judge in and for the County of Windham, he has Resigned his
office as one of the Judges of the Supreme Court which accordingly
[was] accepted.
Resolved that the bounds of the Township of Grotton as Granted &
laid Down on the Surveyor Generals Plan west of Ryegate & Newbury
extend so far as to contain the Contents of Twenty Eight thousand acres
& the Surveyor General is hereby directed to Make out the bounds Ac-
cordingly.
Adjourned to 2 °Clock P : M :
Met according to Adjournment.
An Act for the appointment of a Pay Master General, & pointing out
his Duty, was read (having passed the General Assembly) & Concurred.
An Act Levying a Tax of six pence on the pound on the Grand List
of this State to redeem the Notes Issued by the Treasurer & for Defray-
ing the Expence of the State was read & Concurred.
A petition Signed Pierpoint Edwards & others praying for Land viz1-
six Townships heretofore Granted to Holbrook & others, having been
read in General Assembly, & Mr- Paine, Mr- Dewey, & Mr- Freeman
appointed a Committee to join a Committee of Council, Resolved that
Mr- Bayley join said Committee.
An Act for Levying a Land Tax of one penny pr- acre on all the Land
in Brookfield having passed the General Assembly was read and Con-
curred.
Adjourned to 9 °Clock Tomorrow.
Thursday Newbury Octr- 25th- 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Govr- His Honour
Joseph Marsh L* Govr- and the following Members of the Honble Coun-
cil, viz*- Honble Samuel Safford Jacob Bayley Thomas Murdock Peter Ol-
cott John Strong Ebenezer Walbridge Jonathan Hunt & Isaac Tichenor
Esqrs- Joseph Fay Secy- & J. G. Bayley Sheriff.
Honb,e John Fassett Esq1"- being duly qualified Took his seat in Coun-
cil.
On a Bill from the House appointing Mr- Chipman, Mr- Emmons, &
Mr- Dewey a Committee to join a Committee of Council to Take under
Consideration the Granting fees of Ira & Ifooretown, [Bradford,] Re-
solved that Mr- Fassett join said Committee.
An Act Granting Ebenezer Burges a New Tryal, having passed the
General Assembly was read & Concurred.
Governor and Council — October 1787. 155
An Act Granting a Tax of 2d- on the acre on all the Land in Salt ash
[Plymouth,] having passed the General Assembly was read & Concurred.
An Act Granting a New Tryal to Solomon & Frederick Saxton, in a
Cause therein mentioned, having passed the General Assembly was read
& Concurred.
An Act Granting a Tax of 2d- on the acre on all the Lands in Bethel,
having passed the General Assembly, [was] read & Concurred.
An Act for distributing the Laws and journals of this State was read
& Returned to the House with proposals of amendment.
An Act Granting a Land Tax of 2d- on the acre on all the Lands in the
Township of Medway, [Mendon,] having passed the General Assembly
was read & Concurred.
An Act Granting a Land Tax on all the Lands in Beedsborough 2d- on
the acre, having passed the General Assembly was Read & Concurred.
An Act Granting a Tax of one penny on Each acre of Land in the
Town of Northfield, having passed the General Assembly was read &
Concurred.
An act to Enable Credittors to receive their dues from Absent Debt-
ors, was read & returned to the House by Mr- Tichenor with Objections
to the bill.
A petition Signed Leonard Whiting & Jonathan Grout, praying for
Compensation for Lands Confiscated & sold in Woodstock, & M1- Smith
& Mr- Sabin and Mr- Allen appointed to join a Committee of Council,
Resolved that Mr- Walbridge join said Committee.
A petition Signed Jonathan Childs, Praying to be discharged from his
Debts, was read, the General Assembly having appointed M> Johnson,
Mr- Spafford, <fe Mr- Harvey a Committee to join a Committee of Coun-
cil— Resolved that M1'- Olcott join said Committee.
An Act directing Returns of Writts in Windsor County was read
& sent to the Honble General Assembly to be passed into a Law.
An Act Laying a Land Tax of 2d- on the acre in the Township of Mil-
ton, having passed the General Assembly, was read & Concurred.
An Act Laying a Land Tax of one penny pr- acre on all the Lands in
the Township of Ludlow having passed the General Assembly was read
& Concurred.
An Act Taxing the Land in Thetford 2d- on the acre having passed the
General Assembly was read and Concurred.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
An Act for the purpose of Collecting the arearages of Taxes, having
passed the General Assembly was read & Concurred.
An Act Laying a Tax of one penny on Each acre of Land in the
Township of Wells, having passed the General Assembly was read &
Concurred.
An Act to Confirm the Doings of the Deputy Sheriff in the County
of Addition [Addison] was read and Recommended to the Honblc General
Assembly to be passed into a Law.
His Honor Governor Marsh Moved for Leave of Absence during the
present Session which was accordingly Granted.
An order Drawn on the Treasurer in favour of his hon1'- Jos. Marsh
for 12 shillings. Joseph Fay [Secy-]
Adjourned to 9 °Clock Tomorrow.
156 G-overnor and Council — October 1787.
Friday, October 26th- 1787. *
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Gov1'- and the fol-
lowing Members of the Honble Council viz1- Honb,e Samuel Saffbrd Jacob
Bayley Thomas Murdock Peter Olcott John-Fassett Ebenezer Wal-
bridge Jonathan Hunt Isaac Tichenor. Joseph Fay Secy- J. G. Bayley
Sheriff.
An Act Taxing the Town of Corinth 2d- on the acre having passed the
General Assembly was read and Concurred.
Mr- Chipman Dilivered a verbel [verbal] Message from the House re-
questing to be informed as to the Intentions of the Council in their re-
quest of yesterday to join in Grand Committee, Whereupon Resolved
that a Copy of the Resolution of Council of yesterday so far as respects
the request to join in Grand Committee be Sent to the House.2
1 From the Asseynbly Journal:
Oct. 25 1787.— Resolved that the Sallary of his Excellency the Gover-
nor for the present year be one hundred and fifty pounds Lawful money.
Oct. 26 1787. — The Comte appointed to report the wages of the Treas-
urer reported which was read & thereupon
Resolved that the Treasurer be allowed ten pounds per month for his
Services the year past to be paid in hard money orders.
2 Oct. 24, on the petition of the proprietors of the town of Johnson
against the proprietors of Brownington, the Assembly adopted a resolu-
tion requesting the Governor and Council to issue a charter of Johnson
to Rev. Dr. Jonathan Edwards, then of New Haven, Conn., and Hon.
William Samuel Johnson, of Stratford, Conn., who had at this time just
closed his service as a member of the national convention that formed
the constitution of the United States. On the Assembly Journal of Oct.
25 1787 is the following:
A verbal message from Council by M1' Tichenor requesting that this
House would join them in Grand Comte- to take under consideration the
resolution of this House of yesterday requesting the Govr- & Council to
issue a charter of Incorporation of the township of Johnson &c. was
taken under consideration — And the question being put whether the
House, would join in Grand Comtc- for that purpose — it passed in the
negative.
In Assembly, Oct. 26 1787: Resolved that M1'- [Lemuel] Chipman be
requested to wait on the Gov1'- & Council and request them to inform
this House in writing of their intentions [in] requesting this House to
join in Grand Comte- made yesterday by Mr Tichenor.
Mr- Chipman returned from Council wTith a written message which
being read — The question being put whether the vote passed yesterday
not agreeing to join in Grand Comte- be reconsidered — It passed in the
negative.
Same date, 2 p. m.— A. resolution of Council of Oct. 24th- & 25th- Ins1-
containing their proceedings on the petition and doing of this House re-
specting the township of Johnson was read — And on motion of the peti-
tioners in case of proprietors of Johnson vs. the proprietors of Brown-
ington—
This Assembly having decreed in said cause that the proprietors of
Johnson are entitled to a charter of the township of land bounded North
on lands ungranted, East on Hydepark, South on Sterling, West on
Governor and Council — October 1787. 157
On a Bill from the House, appointing Mr- Paine, M1- Marvin, and M1"-
Allen to join a Committee of Couneil to bring in a bill appointing a
Board for" the Tryal of Land disputes, Granting Charters &c, Resolved
that Mr- Safford & Mr- Tichenor join said Committee.
On a bill from the House, appointing Mr- I. Clark, Mr- Webb, & Mr-
Wells to join a Committee of Council to Take under their Considera-
tion the mode for disposing of the paper Money, in the hands of the late
Treasurer, & Transfering the Late Vouchers', &c. Resolved that M1-
Strong join sd- Committee.
An Act Laying a Land Tax on the Town of Chittenden of one penny
p1*- acre having [passed] the General Assembly was read & Concurred.
An Act Taxing the Township of Stratton 2'1- on the acre, having
[passed] the General Assembly was read & Concurred.
An Act Taxing the Township of Summerset ld- on each acre, having
passed the General Assembly was read & Concurred.
An Act laying a Tax of 2d- on the acre on all the Lands in the Town-
ship of Newbury, having passed the General Assembly was read & Con-
curred.
An Act Suspending the Revised Laws having passed the General As-
sembly, was read & Ccncurred.1
An Act for the Limitation of Actions having passed the General As-
sembly was read & Concurred.
The Honble Luke Knoulton Esqr- Took the necessary qualifications be-
fore His Excellency the Governor, to qualify him to sit as chief Judge in
& for the County of. Windham, to Serve the remainder of the present
year, & the year Ensuing, in the afforesaid office of Chief Judge.
An Order Drawn on the Treasurer in favour of Reuben Smith for
£1 11 0. Jos. Fay 8eca-
£1 11 0.
Cambridge & in lands ungranted each line whereof to be six miles & to
contain 2340 acres — Resolved tor the purpose of executing said decree
that his Excellency the Gov1'- be & is hereby requested to issue said
charter accordingly said charter to issue as of a grant made by the As-
sembly holden the second Thursday of Octr- 1782.
The following votes indicate that the disagreement between the two
houses on this subject was serious:
In Assembly, Oct. 26 1787: Resolved that the Secretary of State be
directed to countersign the charter of Johnson altho it may not have the
State Seal prefixed to it.
In Council, Oct. 27 1787: On motion Resolved that the Sec^ of Coun-
cil be & he is hereby directed not to affix the State Seal to the Charter of
Johnson as the Council have not agreed to the Grant.
The Assembly seems on this occasion to have claimed the exclusive
right to grant lands, and the Governor and Council to have denied that
claim. It appears that some years elapsed before the claims of the par-
ties in this case were settled. The claims of the Browns were settled by
a charter of Brownington, Oct. 2 1790. Johnson was chartered Jan. 2
1792 to Messrs. Edwards and Johnson.
1 The revised statutes were suspended until the first of the following
December; doubtless to await the printing and distribution of the stat-
ute book.
158 G-ovemor and Council — October 1787.
An Act Taxing the Township of S*- Albans having passed the General
Assembly was read & Concurred.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
An Act for disposing of the public Lands having passed the General
Assembly was read & Concurred.
An Act Altering the name of the Township of Westford to West-
more having passed the General Assembly was read & Concurred.1
An Act directing the Listers in their office & duty was read & ordered
to be sent to the Honble General Assembly to be passed into a Law.
An Act in addition to an act intitled an act for Collecting & paying
Taxes having passed the General Assembly was read & Concurred.
An Act for Authenticating a Certain Deed having passed the General
Assembly was read & Concurred.
An Act in Addition to & in alteration of an act Impowering the per-
sons therein named to Levy a Tax of 2d- on the acre on all the Land in
the Townships of Landgrove & Broomly [Peru] having passed the
General Assembly was read & Concurred.
An Act Authorising Elizebeth Pierce of Putney to Give a Deed,
having passed the General Assembly was read & Concurred.
Resolved that the Proprietors of Grotton pay for Each Right added to
said Township (Thirteen in number) £8 in State Security to General
Safford & Strong Land Committee, [and] that they account to the
Treasurer.
James Whitelaw Esq1-- Surveyor General, appeared in Council &
Took the Necessary Oaths of office to qualify him to that office.
Attest, Joseph Fay Secy-
[Here are two blank pages on the manuscript record.]
The Honble Samuel Mattocks Esqr- Treasurer, as Principle, and the
Honb,e John Strong Esq1-- and Jonathan Spafford Esqr- as surerties [sure-
ties,] appeared before the Governor and Council & acknowledged them-
selves jointly & severally bound and Recognized to the Secretary of
State in the sum of Ten thousand pounds, for the faithfull performence
of the said Mattocks in the office of Treasurer for the year Ensuing.
Attest Joseph Fay ISecv-
Resolved that the Treasurer be, and he is hereby directed to receive
of General Safford a Certain Note Given to John Bell of Philadelphia,
by our Agents at Congress, for the Sum of Forty odd pounds (as the
Note will Specify) on a Settlement with sd Safford as Land Committee,
in the Settlement of the Granting fees of SL Johnsbury & Danvillee.
Resolved that Mr- Safford, Mr- Tichenor & the Secy- of Council, be &
they are hereby appointed to Draw orders on the Treasurer for the Exi-
gences of Government for the year Ensuing.
An Act appointing Seven Commissioners, to Try and Determine on
Disputes arising relative to Grants of Land made by this State, having
passed the General Assembly was read & Concurred.2
An Act Authorizing & directing the Treasurer to receive certain
1 The present town of Westmore was granted by the name of West-
ford ; but as, at the date of this act, there was another town of the same
name in the same county, [Chittenden,] this change of name was neces-
sary.
2 See report of commissioners, post, in the record of the Council for
Oct. 28 1788.
Governor and Council — October 1787. 159
orders Issued by Mr- [James] Whitelaw was read and ordered to be sent
to the General Assembly to be passed into a Law.
An Act Transfering the Treasury <fe distroying the paper money,
having passed the General Assembly was read & Concurred.
A Bill from the House appointing a Committee of Six to join a Com-
mittee of Council to Nominate Seven Commissioners, & Resolved that
Mr- SafFord & Mr- Strong join said Committee.
Resolved that the Collection of the Fines laid on a number of Rioters
in the County of Rutland by the County & Supreme Court in Novr
1786 be Suspended until the Rising of the General Assembly in October
'Next.
An Act Granting a Letter of Licence to Jesse Leavenworth for one
year having passed the General Assembly was read & Concurred.1
An Act Granting Timothy Andrus & his associates three Townships
of Land being read in Council was Recommended to the General As-
sembly to be Suspended until the rising of the General Assembly in
October next. — (Reconsidered.)
On Motion Resolved that the Sec^- of Council be & he is hereby di-
rected not to affix the State Seal to the Charter of Johnson as the Coun-
cil have not Agreed to the Grant.
An order drawn on the Treasurer in favour of Sheriff [John G.] Bay-
ley for the Sum of £8 5 0. Jos. Fay Secy-
In General Assembly 27 October 1787.
Whereas this Assembly did yesterday pass an act for granting to the
Honble Jonathan Hunt Esquire & his associates a Township of Land six
miles Square, Resolved that the Governor & Council as soon as the
Granting fees for the Same Town are paid at the Rate of £10 0 0 hard
money pr- Right be & hereby are directed to Issue a Charter of Incorpo-
ration for said Land as bounded in said act under the usual Restrictions
& Reservations.
Extract from the journals. RosL- Hopkins Clerk.
Copy. Attest, Jos. Fay Sec^-2
An Act appointing Roger Birchel a Committee &c. having passed the
General Assembly was read & Concurred.
An act appointing a Committee to Lay a Tax on the Township of
Winhall, having passed the General Assembly was read & Concurred.
An act for Laying a Tax in the County of Windsor, having passed the
General Assembly was read & Concurred.
On a bill from the House appointing a Committee to join a Committee
of Council to Nominate a Suitable Person for Pay Master General, Re-
solved that Mr- Walbridge join said Committee.3
An Act Granting to the Honble Jonathan Hunt Esq1- a Township of
Land having passed the General Assembly was read & Concurred.
Adjourned to 9 °Clock Tomorrow.
Saturday 27 October 1787.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esq1-- Govr- and the fol-
lowing Members of the Honble Council, Honble Samuel Safford Jacob
1 The title in the Assembly Journal is "an act to suspend prosecutions
against Jesse Leavens worth and for other purposes."
2 This was the initiation of the legislative opposition to Gov. Chitten-
den in 1788, which resulted in his defeat in 1789.
3 The committee nominated Elisha Clark to fill this office, and he was
elected.
160 Governor and Council — October 1787.
Bayley Peter Olcott Thomas Murdock John Strong John Fassett Eben-
ezer Walbridge, Jonathan Hunt & Isaac Tichenor Esqrs- Joseph Fay
Secy- J G Bayley Esqr- Sheriff.
Resolved that the Collection of the Fines laid on a Number of Rioters
iu the County of Windsor by the Supreme Court in Nov1'- 1780, be Sus-
pended until the Rising of the Assembly in October Next.
End op October Session Held at Newbury, 1787.
Joseph Fay, Secy-
Sundry orders Drawn on Treasurer.
Bennington 11th December 1787.
An order drawn on the Treasurer in favour of Benjamin Risley for
Riding Post from Rutland to Middlebury Falls £2 6 8.*
£2 6 8.
An order drawn on the Treasurer in favour of Eleazer Russel for Rid-
ing Post &c, for Nineteen pounds Six shillings & Eight Pence.
£19 0 8.
January 2d 1788.
An order drawn in favour of Joseph Fay for Commissions &c, ,£55 9 6.
£55 9 6.
An order drawn on the Treasurer in favour of Isaac Tichenor Esq1'- for
Services in Revising Laws for the Sum of £6 0 0.
£6 0 0.
January 14th- 1788.
An order drawn on the Treasurer in favour of Haswell & Russel for
Printing acts of the State in the newspapers for the Sum of £18 3 0.
January 28th 1788, An order Drawn on the Treasurer in favour of
William Waters Post Rider from Bennington to Albany 34 weeks 3b'
miles at 2d pr- mile £10 4 0.
£10 4 0.
March 7th 1788 an order drawn on the Treasurer in favour of Hough
& Spooner for Printing & Riding Post for £27 11 8.
£27 11 8.
March 10th- 1788.
An order drawn on the Treasurer in favour of Elihu Russel for Riding
Post £8 13 4.
£8 13 4.
An order drawn on the Treasurer in favour of Daniel Marsh for Riding
Post £4 13 4.
£4 13 4.
March 14 1788.
An order drawn on the Treasurer in favour of M1*- Eliakim Spooner
for Riding Post by order of the Court of Commissioners £1 2 6.
£1 2 6.
Siiaftsbury March 14 1788.
An order drawn on the Treasurer in favour of Paul Brigham Esq1'-
Sheriff for the County of Windsor for distributing the Treasurers War-
rents in said County for £6 4 0.
£6 4 0.
Governor and Council — August 1788. 161
March 14 1788.
An order Drawn on the Treasurer in favour of Joseph Fay for attend-
ing the Court of Commissioners with the Records of Council £2 5 0.
£2 5 0.
Bennington, May 15th- 1787.
An order drawn on the Treasurer in favour of Deacon Jonas "Whitney
for Riding Post £32 0 0.
£32 0 0.
May 15 1788.
An order drawn on the Treasurer in favour of Hough & Spooner for
distributing the revised Laws to the Counties of Windham & Benning-
ton £3 0 0.
£3 0 0.
An order drawn on the Treasurer in favour of Deacon Jonas Whitney
for Riding Post 20 weeks for £20 0 0.
£20 0 0.
Rutland 23d August 1788.
An [order] drawn on the Treasurer in favour of Doctr- Roswell Hop-
kins for Copying journals of Assembly &e. for £35 18 8.
£35 18 8.
Bennington 18 September 1788.
An order drawn on the Treasurer in favour of Daniel Beeman (for
Riding Post up to this date) for £8 13 4.
October 3d- 1788.
An order drawn on the Treasurer in favour of Joseph Fay for Copy-
ing journals of Council &c, as pr- ace*- for £31 18 6.
£31 18 6.
An order drawn on the Treasurer in favour of Isaac Tichenor Esqr-
for Auditting the Treasurers accts for the sum of £7 6 0.
£7 6 0.
The foregoing orders on the Treasurer was drawn by the Hontle
Samuel Safford, Isaac Tichenor & Joseph Fay Esqrs- by Special Appoint-
ment of the Governor & Council impowering them to draw orders on
the Treasurer to defray the expence of the Exegences of State in the
recess of Assembly.
RECORD OF THE GOVERNOR AND COUNCIL
AT A SPECIAL SESSION AT RUTLAND, AUG. 23-27, 1788.
Rutland 23 August 1788.
At a meeting of the Governor & Council Holden by Special Notifica-
tion fur the purpose of Adjusting and selling the accounts of the Late
Surveyor General,
Present His Excellency Thomas Chittenden Esqr- Gov1- and the fol-
lowing Members of the Honble Council viz*. Honble Timothy Brownson
Thomas Porter Jacob Bay ley John Fassett Ebenezer Walbridge Jona-
than Hunt Isaac Tichenor Esq'8- Joseph Fay Secv-
On the Resignation of George Hough Esqr- one of the justices of the
Peace in & for the County of Windsor & the same being accepted —
Resolved That Stephen Jacobs Esqr- be & he is hereby appointed a Jus-
tice of the Peace in his Room to Serve in sd- office the present year.
The HonDle Ira Allen Esqr- Presented his accts as Late Surveyor Gen-
eral: proceeded to Examine the Same.
Adjourned to 2 °Clock Tomorrow.
12
162 Governor and Council — August 1788.
Saturday August 24th- 1788.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esq1- Gov1- Honble Tim-
othy Brownson Thomas Porter Jacob Bayley John Fassett John Strong
Ebenezer Walbridge Jonathan Hunt & Isaac Tichenor Esqrs- Joseph
Fay Secv-
A Letter from the Revd Mr- Bebee1 was Recd- & read, purporting that
he should not be able to Preach the Election Sermon in October next
agreeable to the appointment of the General Assembly, on ace*- of his
111 State of Health— Therefore Resolved that the Revd- Mr- Elijah Sill2
be & he is hereby appointed to Preach an Election Sermon in his Room
in case he should fail, & [the] Sec^- is hereby directed to notify Mr- Sill
of sd- appointment.
A Letter Recd- from General Wait, Resigning his office as Brigadier
General being read, the Sec*" is directed to inform the General that they
are unwilling to discharge him until further consideration & request his
continuence in Service.
Adjourned to 2 °Clock P. M.
Met according to adjournment & proceeded on the Examination of
accte-
Adjourned to Monday Morning 7 °Clock.
Rutland August 26 1788.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esq1 • Govr- & the follow-
ing Members of the Honble Council viz1- Honble Jacob Bayley Tim0
Brownson John Fassett Thomas Porter Jonathan Hunt & John Strong
Esquires. Joseph Fay Esq'- Secy-
Proceeded to Examine & Adjust Accompts.
Adjourned to 2 °Clock P: M:
Met according to Adjournment and proceeded on business.
Ira Allen Esqr- Late Surveyor General Exhibitted the following ac-
counts viz*-
State of Vermont to Ira Allen Surveyor General D1-
To cash paid James Whitelaw p1'- ace'- £509 18 11
To cash paid Gamaliel Painter pr- ace*- £'88 14 0
To cash paid Lemuel Clark pr- Rec1 12 0
To cash paid Andrew Shutts p1- ace1- 6 8
To cash paid Col0- John Barron pr- ace1- 61 3 2
To cash paid General Jacob Bayley p1'; ace1 32 16 4
To cash paid Joseph Willard pr- ace1- 2 8 0
To cash paid Capt. Ebenezer Willoughby g 43 19 3
To cash paid Alexander Harvey Esqr- 12 0
To cash paid Majr- Jesse Levingworth 9 9 3
To cash paid sund^- persons pr- accte- 210 11 5
x Rev. Lewis Bebee, of Arlington previous to 1787; and from June
14 1787 till May 6 1791, pastor of the first congregational church in Paw-
let." He was a member of the first Council of Censors. — Hollisters
History of Pawlet, pp. 138, 139, 165.
2 Rev. Elijah Sill, from New Fairfield, Conn., organized the con-
gregational church in Dorset, Sept. 22 1784, and was its pastor from that
time until 1791.— Vt. Hist. Mag. Vol. I, p. 190.
Governor and Council — August 1788. 163
To cash paid Samuel Moore pr- ace1- £28 13 0
To cash paid Thomas Butterfield 21 11 6
To cash paid James Savage Esqr- & Wm- Coil Surveyors as
pr.acc^ 1031 6 5
To cash advanced as pr- ace4- 638 12 9
To James Whitelaw Esqr- Surveyor Gen1- pr- his acce- 68 12 3
To General Strong pr- ace4- 3 17 9
To cash paid for my own Expence &c. p1- aec4- 210 2 11
Deducted from Barrons Road ace*- to be aded here
Deducted £50 8 6l being charged to the Road ace*-
£2963 17
14 10
7
0
£2978 7
50 8
7
4
£2927 19
3
90 13 10
£3018 9
6
October 27th 1788.2
To James Savage Esq1- £69 11 0
To Wm- Coit Esq1"- 21 2 10
90 Towns Taxed at £25 4 8 £2271 0 0
22 do. part Surveyed which are to be Taxed & pay
when Completed 327 16 0
An order drawn on the Treasurer for the Surveyor General
time expence &c. and incidental charges, in finding un-
granted Lands 329 3 3
£2927 19 3
By order of Govr- & Council, Jos. Eay Secy-
22 Towns named in the list marked thus X released from
being Taxed on the proprietors & charged to the State £555 2 8
An order drawn on the Treasurer in favour of Ira Allen Surveyor Gen1-
for the aforesaid Sum £555 2 8.
Joseph Fay Secy-
Adjourned to 6 "Clock Tomorrow Morning.
Tuesday 27th- August 1788.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Govr- Hon151* Tim-
othy Brownson Thomas Porter Jacob Bayley John Fassett John Strong
Jonathan Hunt Esqrs- Joseph Fay Esq1"- Secy-
1 Carried out for deduction, 4.
2 The items to Savage and Coit, and their addition to the account pre-
ceding, were entered Oct. 27 1788; whereas, the account rendered in
August 1788, of £2927 19 3, was balanced by the three items next fol-
lowing. The account is not accurate.
164
Governor and
Ooi
mcil — August 1788.
State of Vermont To Ira Allen S. G. Dr- for cutting
roads &c.
Jerico To cash
paid sund.y
Newbury
£4 0 0
Persons
£44 6
6
Duxbury
10 0 0
Essex To cash
paid as
Pr-
Moortown [Bradford]
10 0 0
ace*- Allowed
12 2
3
Topsham
4 0 0
Bolton
43 10
6
Fairfax
30 11 6
Waterbury
52 19
2
Fletcher
5 15 0
Shelburn
32 14
5
Westford
3 8 0
Midlesex
56 13
0
Charlottee
24 17 0
Berlin
42 19
5
Hardwick
3 4 0
Montpelier
4 10
9
Wolcott
14 5 3
Hinesburgh
37 4
0
Cabbot
2 4 0
Northfield
13 5
0
Hyde Park
22 13 9
Goshen
2 16
0
Johnson
32 9 9
Colchester
18 6
6
Cambridge
27 1 9
Burlington
47 9 11
Woodbury
3 10 9
Wildersburgh [Barre]
37 3
9
£644 12 5
The above ace1- Includes an ace*- Allowed Thomas Butterfield at Man-
chester in Octr- 1788 £49 6 2.
Kesolved that the foregoing sums be paid by the respective Towns to
which they are annexed which is for Cutting roads &c.
Joseph Fay Secy-
Te following is a List of the Several Towns assessed by the Governor
and Council for the payment of the respective sums Annixed to them
for Surveying Town lines Cutting Eoads &c. by Ira Allen Esqr- S. Gen1
viz*-
xBurlington
xShelburn
xCharlottee
xFerrisburgh
xPanton
xAddison
xBridport
xShoreham
Orwell
xBenson
xFairhaven
Cornwall
Weybridge
xNew Haven
xMoncton
Hinesburgh
xWilliston
N. Huntington
Starksborough
Pocock [Bristol]
xMiddlebury
xSalisbury
Kipton
Lincoln
Duxbury
Moortown [Bradford]
Berlin
Wildersburgh [Barre]
£42 9 11
Handcock
£23 3
8
32 14
5
Kingston [Granville]
23 3
8
24 17
0
Northfield
23 3
8
23 3
8
Waitsfield
23 3
8
23 3
8
Fays ton
23 3
8
23 3
8
xColchester
18 6
6
23 3
8
Milton
23 3
8
23 3
8
xGeorgia
23 3
8
23 3
8
S*- Albans
23 3
8
23 3
8
Swan ton
23 3
8
23 3
8
Highgate
23 3
8
23 3
8
Fairfax
53 15
•2
23 3
8
Westford
26 11
8
23 3
8
xEssex
12 2
3
23 3
8
xJerico
44 6
6
60 7
8
Underhil
23 3
8
23 3
8
Cambridge
f.O 5
5
23 3
8
Mansfield l
23 3
8
23 3
8
Bolton
66 14
9
23 3
8
Waterbury
75 12
8
23 3
8
Stowe
23 3
8
23 3
8
Midlsex
79 17
5
23 3
8
Montpelier
27 14
5
23 3
8
Calias
23 3
8
23 3
8
Woodbury
26 14
5
33 3
8
Hardwick
26 7
8
66 3
1
Greensborough
23 3
8
60 7
5
Minden [Craftsbury]
23 3
8
Annexed to Stowe.
Governor and Council — October 1788.
165
Walden
£23
3 8
Cabbott
25
7 8
Marshfield
23
3 8
Grotton
23
3 8
xRygate
23
3 8
xBarnet
23
3 8
xPeacham
23
3 8
Devveysburgh J
11
12 10 !
Walden Gore
11
12 10
Danville
23
3 8
S'- Johnsbury
23
3 8
Littleton [Waterford]
23
3 8
Concord
23
3 8 !
Lynden
23
3 8 :
Wheelock
23
3 8
Burk
23
3 8
Victory
23
3 8 1
Lunenburgh
23
3 8
Guildhall
23
3 8
Gran by
23
3 8
East Haven
23
3 8
Newark
23
3 8
Westmore
23
3 8
Maidston
23
3 8
23
28
23
23
7
Brunswick £23
MineheacT [Bloomfield] 23
Lewis
Lemmington
Averil
Warren
Harris Gore
Whitlow & Co.2 10,000
[acres]
Topsham
Billy Mead [Sutton]
Sterling3
Johnson
Moristown
Hydes Park
Eden
Worcester
Elmore
Wolcott
Fletcher
Fairfield
Goshen
S4- George 3d [of a town] 7
Whitlow & Co.2 ± town 11
14 6
11 12 10
27
23
23
55
23
45
23
23
23
37
28
23
25
8
8
8
5
8
5
8
8
8
8 11
18 8
3 8
19 9
14 6
12 10
Manchester 27th- October 1788.
Resolved that the foregoing Towns named in this list for Surveying
Town lines pay £23 3 S^Each, & the Gores and parts of Towns pay in
the same proportion — That the Surveyor Gen1- Collect only £2,200— In-
cluding the whole Survey & Cutting roads &c. until all accounts relative
to saio! Survey, roads &c. can be Established & fully Adjusted.
Attest, Jos. Fay Secy-
Debenter of Council at their Session Holden at Rutland ending
August 27th 1788.
Timothy Brownson Esqr- £2 15 4, Jacob Bayley Esqr- 3 15 4, John
Fassett Esqr- 3 5 0, Thomas Porter Esqr- 2 14 0, Jonathan Hunt Esqr-
3 8 8, Ebenezer Walbridge Esqr- 2 10, Isaac Tichenor Esqr- 2 10,
Jn°- Strong Esqr- 2 11 8, Joseph Fay Esqr- Sect/ ■ 3 5 0, Jonathan Bell
Esqr- Sheriff, 1 16 0— [Total] £27 13 0.
Attest Joseph Fay Seep,
End of Rutland Session.
1 Divided between Danville and Peacham in 1810.
2 Whitelaw & Co.
Annexed to adjoining towns.
TWELFTH COUNCIL.
OCTOBER 1788 TO OCTOBER 1789.
Thomas Chittenden, Williston, Governor,
Joseph Marsh, Hartford, Lieutenant Governor.
Councillors :
Thomas Murdock, Norwich,
Samuel S afford, Bennington,
Timothy Brownson, Sunderland,
John Fassett, jr., Cambridge,
Peter Olcott, Norwich, I John Strong, Addison,
Jacob Bayley, Newbury, • Jonathan Hunt, Vernon,
Samuel Fletcher, Townshend, j Eben'r Walbridge, Benniugton,
Thomas Porter, Tinmouth, j Isaac Tichenor, Bennington.
Joseph Fay, Bennington, Secretary.
RECORD OF THE GOVERNOR AND COUNCIL
AT A
SESSION OF THE GENERAL ASSEMBLY HELD AT MAN-
CHESTER, OCTOBER 1788.
State of Vermont. In Council Manchester 9th October 1788.
At a General Election of the Governor & Council and other State
officers.
The following are the Journal? of Council at their Session Holden at
Manchester date above. Joseph Fay Secy-
State of Vermont, In Council date above.
At a meeting of His Excellency & Council —
Present His Excellency Thomas Chittenden Esq1'- Gov1'- and the fol-
lowing Members of the Honble Council viz*- Timothy Brownson Samuel
Saflford Thomas Porter Samuel Fletcher Jacob Bayley Peter Olcott John
Fassett Ebenezer Walbridge John Strong & Isaac Tichenor Esqrs- Jo-
seph Fay Secv- David Eobinson Sheriff.
On a bill from the House of Assembly appointing a Committee of
Fourteen viz*- Mr- Dewey, Mr- Jewit, Mr- Marvin, Mr- [Lemuel] Chip-
man, Mr- Brush, Mr- Thompson, Mr- Bliss, Mr- McNiel, Mr- Speaker
Governor and Council — October 1788. 167
Bradley,1 Mr- Knoulton, Mr- Jacob, Mr- Burton, Mr- Johnson & Mr
Morey, to join a Committee of Council to receive sort & Count the votes
for Governor, Deputy Governor, Treasurer, & Twelve Counsellors, &
declare the persons choosen into the several offices, & make report to
the House— Resolved that Mr- Tichenor, Mr- Fassett, Mr- Strong, Mr-
Brownson, Mr- Walbridge & Mr- Bayley join the above Committee for
the purposes above mentioned.
' The aforesaid Committee report the following Gentlemen to be duly
Elected by the Freemen into the following offices viz1- His Excellency
Thomas Chittenden Esq1"- Governor His Honor Joseph Marsh Esqr- L*
•Governor Honble Samuel Mattocks Esq1'" Treasurer —
Honble Samuel Safford John Strong Jacob Bayley Peter Olcott Isaac
Tichenor Timothy Brownson Ebenezer Walbridge Samuel Fletcher
Thomas Porter Thomas Murdock Jonathan Hunt & John Fassett Esqrs-
[Councillors.]
Adjourned to 9 ° Clock Tomorrow.2
Friday 10th- October 1788.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- & the following
Members of the Honble Council, Samuel Saftbrd Jacob Bayley Samuel
Fletcher Timothy Brownson Peter Olcott Thomas Porter John Fassett
Ebenezer Walbridge Isaac Tichenor John Strong. Joseph Fay Serf-
David Robinson Sheriff.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
His Excellency the Governor & Council Attended the House and took
the Necessary qualifications required by Law to proceed in their respec-
tive offices, after which they returned to the Council Chamber.
The Ballots being called for by His Excellency for the appointment of
Secretary to the Council Joseph Fay Esqr- was declared to be duly
1 Stephen R. Bradley was speaker pro tempore, and Gideon Olin
speaker for the session.
2 The Vermont Gazette of Oct. 13 1788 contained the following :
At the General Election holden at Manchester, on Thursday the 9th
instant, the arrival of his Excellency in town, under the escort of three
companies of cavalry, commanded by Captains Robinson, Hitchcock and
Clark, was announced by the discharge of five cannon, by the artillery
company, under the command of Captain Harmon; two companies of
light infantry, commanded by Captains Todd, and Gray, were on the
parade, and saluted the Governor as he passed. Lieut. Col. Keys, of
Manchester, being appointed Officer of the day, took command of the
Iroops, and performed such military manoeuvres, as did them much
honor; after which, a sermon well adapted to the occasion, was delivered
by the Rev. Mr. Sill, of Dorset. Declaration being made that his Excel-
lency THOMAS CHITTENDEN", Esq; was elected Governor for the
ensuing year, and his Honor JOSEPH MARSH, Esq; Lieut. Governor,
the troops were again called to order, and fourteen cannon discharged.
The military scene closed by a feu-de-joy by the Cavalry and light In-
fantry. The whole business of the day was concluded with the utmost
good order and regularity, and all retired in perfect harmony.
*j* The generat voice of the freemen, in the choice of the Officers of
government for the year ensuing was very remarkable. — The suffrages
for his Excellency the Governor, were nearly unanimous.
168 Governor and Council — October 1788.
Elected for the year ensuing who took the necessary oath to qualify him
for that office.
Adjourned to 9 °Clock Tomorrow.
Saturday 11th- October 1788.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Gov1"- and the fol-
lowing Members of the Honble Council viz*- Samuel Safford Jacob
Bayley Peter Olcott Timothy Brownson John Fassett John Strong
Samuel Fletcher Ebenezer Walbridge Isaac Tichenor & Thomas Porter
Esqrs- Joseph Fay Esqr- Se<&- David Robinson Sheriff.
On a bill from the House appointing Mr- Dewey, Mr- Marvin, Mr
Painter, Mr- [Ira] Allen, Mr- Bradley, M1- Safford & Mr- Loomis a Com-
mittee to join a Committee of Council to prepare the necessary arange-
ments of the business the present Session, Resolved that Mr- Strong
Mr- Safford & Mr- Olcott join the above Committee.
In consequence of application by the Honble Piesiuent TVheelock for
the Charter of Incorporation of the Township Granted to Dartmouth
College, Resolved that the Conditions & Reservations to be Entered in
the Charter of Incorporation for the Township of Land Granted by the
Legislature of this State to the President & Trustees of Dartmouth Col-
lege and Moors Charity School be as follows viz*- that one hundred and
Fifty aces of Land be reserved for the use benifit & support of the
Ministry of the Gospel in sd- Town forever, one hundred & fifty acres for
the use & support of an English School or Schools in said Town, on
Good Tenable Land as the Situation thereof will admit & that the Sec>-
be & he is hereby directed to make out a Charter of sd- Township by the
name of Santa Maria & that the same be Exempt from public Tax so
long as the rents & Fronts of sd- Township be appropriated for the pur-
poses for which it was Granted. On further consideration Mr- President
[Wheelock] altered the name of sd- Township from Santa Maria to that
of Wheelock.
Adjourned to 10 °Clock Monday next.
Manchester 13th October 1788.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esq1*- Samuel Safford
Timothy Brownson Jacob Bayley Peter Olcott Thomas Porter John
Strong Samuel Fletcher John Fassett Ebenezer Walbridge & Isaac
Tichenor Esqrs- Joseph Fay Esqr- Secy- David Robinson Sheriff.
The Petition of Joseph Kimbel [Kimball of Piainfield, N. H.j praying
for a new Tryal in a Certain cause therein mentioned having been read
in the House & a Committee appointed thereon. Resolved that Mr- Fas-
set & Mr- Saiford join sd- Committee.
On a bill from the House appointing a Committee to join a Committee
of Council to Take under Consideration the second Article in the arange-
ment to make Provisition [provision] i for Supplying the Treasury, Re-
solved that Mr- Olcott Mr- Bayley & Mr- Fletcher join sd- Committee.
Adjourned to 9 °Clock Tomorrow.
Tuesday, Manchester, 14th- October 1788.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esq1'- Govr- & the fol-
lowing Members of the Honble Council, Honble Samuel Safford Jacob
Governor and Council — October 1788. 169
Bayley Timothy Brownson Thomas Porter Samuel Fletcher John Fas-
sett John Strong Ebenezer Walbridge Isaac Tichenor & Peter Olcott
Esqrs- Joseph Fay Esqr- Sec*- David Kobinson Sheriff.
His Excellency & Council joined the General Assembly in a Grand
Committee agreeable to the order of yesterday for the purpose of appoint-
ing County officers. Having completed for the present the business the
Committee Adjourned to 8 °Clock Thursday Morning next
An act Forming the Probate district of Fairhaven in the County of
Rutland having passed the House of Assembly was read & Concurred.
An Act Granting to Col0- Matthew Lyon Liberty to make a Lottery
having passed the General Assembly was read & Concurred.1
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
A Petition Signd- John Grant praying for Pay for his Company while
in Service in Col0, Warners Regiment on acc> of Loosing the money
which he had recd- to pay sd- Company, his being plundered by the
Enemy, having been read in General Assembly & a Committee appointed
thereon to join a Committee of Council, Resolved that Mr- Walbridge
join said Committee.
Adjourned to 9 °01ock Tomorrow.
Wednesday 15th- October 1788.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Govr- & the fol-
lowing Members of the H^nble Council viz*- HonbIe Samuel Safford
Jacob Bayley Timothy Brownson John Fassett Peter Olcott Thomas
Murdock Thomas Porter Samuel Fletcher John Strong & Isaac Tiche-
nor Esq18* Joseph Fay Esqr- Setf- David Robinson Esqr- Sheriff.
In General Assembly 15 Oct1'- 1788.
Resolved that the last Thursday of November next be observed as a
day of Public Thanksgiving throughout this State — & that the Governor
& Council be requested to Issue a Proclamation Accordingly.
A true Extract from the minutes.
Attest Stephen Jacobs, Clerk.9
The above is a true Copy Recorded. Joseph Fay, Se&-
An act Forming Districts of Probate viz*- Fairhaven, Randolph, &
Chittenden, having passed the Gen1- Assembly, was read & Concurred.
Adjourned to 2 °Clock P: M:
Met according to Adjournment.
Resolved that Mr- Tichenor & Mr- Sec^- Fay be & they are hereby ap-
pointed to make a draught of a Proclamation for a Thanksgiving to be
published agreeable fo the directions of the General Assembly.
The Petition of Asa Whitcomb & associates praying for Compensa-
tion on account of Lands falling short in the Towns of Hancock & Pitts-
field, having been read in General Assembly and a Committee appointed
thereon to join a Committee of Council, Resolved that Mr- Porter join
said Committee.
An act to Levy a Tax of 2d- on the acre on all the Lands in the Town-
ship of Fairhaven for the purpose of repairing Roads building Bridges
&c. having passed the General Assembly was read & Concurred.
i The purpose was " to enable him to erect a furnace."
2 Roswell Hopkins having been elected Secretary of State, Mr. Jacobs
succeeded him as Clerk of the Assembly.
170 Governor and Council — October 1788.
An Act dividing the Township of Wardsborough having passed the
General Assembly was read & Concurred.
On motion of Mr- Benjamin Holt Requesting a deed from David Cas-
tle to Benjamin Holt, for one Right of Land in Arlington, Lodged in
the hands of Mr- Secretary Fay — Resolved that the Sec^- be & he is
hereby directed to Diliver sd- Deed to Col0- Matthew Lyon, & also diliver
Mr Holt one other deed of a Piece of Land in Old Wallingford in Con-
necticut which is also Lodged with said Sec-V- among other papers of
Confiscated Property.
On Motion made by M1'- Caleb Dayton. Resolved that in the Opinion
of this Council said Dayton had no advantage of a certain [confiscated]
tract or Farm of Land in Arlington, Late the Property of Doctor Sam-
uel Adams, Leased to him in the year 1777 by Washburn & Willoughby,
& that said Washburn be & he is hereby directed to diliver up said Day-
tons note of about ,£12 which was given for the rent of said Farm.
A petition from Colonel Matthew Lyon praying for the Exclusive
Right of Slitting Barr Iron into Nail rods for Eighteen years in the
County8 on the west side of the Green Mountains, Having been read in
General Assembly & Mr- Marvin, Mr- Hazen, Cap*- I. Smith, Mr- C. Smith
& Mr- Hubbard appointed as a Committee to join a Committee of Coun-
cil, Resolved that M1'- Murdock join said Committee.
A petition signed Samuel Pennock praying for some obligations to be
given up having been read in General Assembly & a Committee
appointed thereon to join a Committee of Council, Resolved that Mr-
Bayley join sd- Committee.
Adjourned to 9 °Clock Tomorrow.
In Council Thursday 16 Octr- 1788.
Met according to Adjournment.
Present Ilis Excellency Thomas Chittenden Esquire Gov1'- & the fol-
lowing Members of the Honble Council viz*- Honble Samuel Safford Jacob
Bayley Timothy Brownson Samuel Fletcher John Fassett Thomas Mur-
dock Peter Olcott Thomas Porter John Strong Isaac Tichenor & Eben-
ezer Walbridge Esqrs- Joseph Fay Esq1"- Secy- David Robinson Esq1'-
Sh'ff.
An Act to Enable Mary Campbel of Cornwall in the County of Addi-
son to take Posession of and become sole heir to all the Estate Real &
personal of Robert Castlow [Castilow] late of Rutland Decd- (her Natu-
ral Son) having been passed in General Assembly was read and Concur-
red.
Adjourned to 2 °Clock P: M:
Met according to Adjournment.
The Honble Jonathan Hunt Esq1'- having taken the Necessary qualifi-
cations took his seat in Council.
An act tor admitting Mr- Charles Marsh [of Woodstock] as an Attor-
ney at the Barr having passed the General Assembly was read & Con-
curred.
Adjourned to 9 °Clock Tomorrow.
Manchester 17 October 1788.
Friday, In Council date above.
Met according to Adjournment,
Present His Excellency Thomas Chittenden Esqr- Govr- and the fol-
lowing Members of the Honble Council viz*- Honble Samuel Safford Ja-
Governor and Council — October 1788. 1T1
cob Bayley John Strong Peter Olcott Samuel Fletcher John Fassett
Timothy Brownson Thomas Porter Ebenezer Walbridge Jonathan Hunt
& Isaac Tichenor Esqrs- Joseph Fay Esqr- Sect/- D. Robinson Esqr-
Sheriff.
On a bill from the House appointing Mr- Dewey, Mr- Williams, Mr-
Painter, Mr- I. Allen a Committee to join a Committee of Council to
take under Consideration the Listers Act, Resolved that Mr- Olcott, Mr-
Walbridge & Mr- Porter join said Committee.
An act admitting Jedediah Parker Buckingham [of Thetford,] as an
Attorney in the County of Orange having passed the General Assembly
was read & Concurred.
On a Bill from the House appointing a Committee of Two from Each
County viz*- Mr- I. Smith, M1- Camfield [Canfield,] Mr- Burnham, Mr
Williams, M1- Thompson. Mr- Painter, Mr- McNeil, Mr- Ira Allen, Mr-
Knoulton, Mr- Freeman, Mr- Joel Marsh, M1- Heald, Mr- Harvey & Mr-
Loomis to join a Committee of Council to take under consideration the
mode of Establishing Town lines; Resolved that five Members be ap-
pointed to join said Committee. Members choosen, Mr- Fassett, Mr-
Strong, Mr- Tichenor, Mr- Bayley & Mr- Hunt,
An act for laying a Tax of one penny on Each acre of Land in the
Township of Charlottee for the purpose of repairing roads building
Bridges &c. having passed the General Assembly was read & Con-
curred.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
On a bill from the House appointing a Committee, viz1- Col0- [Gideon]
Brownson, Mr- Asahel Smith, Mr- Barnum, M1- Ebr- Allen, Mr- Rob-
erts, Mr- Heald, & Mr- Paine, to join a Committee of Council to take
into Consideration the petition of the People of Woodstock & Rocking-
ham who are Ejected— Resolved that M1- Strong & M1- Fletcher join
sd- Committee.1
On a bill from the House appointing Col0- [Thomas] Johnson, Col0-
Ira Allen, Judge Harvey, Maj1'- Parkhurst, & Mr- Loomis a Committee
to join a Committee of Council to Consider the Petition of Joseph Kim-
bef [Kimball] vrs. Rowland Powel— Resolved that M1- Bayley and Mr-
Fassett join the said Committee.
Adjourned to 9 °Clock Tomorrow.
Saturday In Council 18 October 1788.
Met according to Adjournment,
Present His Excellency Thomas Chittenden Esq1'- & the following
Members of the Honble Council vizf- Honble Samuel Safford Tim0 Brown-
son Thomas Porter Peter Olcott Samuel Fletcher Thomas Murdock
John Fassett Ebenezer Walbridge Isaac Tichenor Jonathan Hunt &
Jn°- Strong Esqrs- Joseph Fay Esq1- Setf- D. Robinson Esq1*- Sheriff.
An act dividing the Township of Athens into two Parishes having
passed the General Assembly was read & Concurred.
An Act Levying a Land Tax on the Township of Cornwall, of one
penny on the acre, having passed the General Assembly was read &
Concurred.
1 Certain persons purchased of the State confiscated lands in Wood-
stock, formerly the property of Charles Ward Apthorp, and others pur-
chased confiscated lands in Rockingham, and had been ejected by Tim-
othv Lovell. They therefore asked relief from the State.
172 Governor and Council — October 1788.
An Act Levying a Tax of one penny pr- acre on all the Land in the
Township of Shelburn having passed the General Assembly was read &
Concurred.
An Act Levying a Tax of Two pence pr- acre on all the Land in the
Township of Shoreham, having passed the General Assembly was read
& Concurred-
The petition of Jonathan Holton having been read in the General As-
sembly & Mr- Brownson, Mr- A. Smith, Mr- Barnum, Mr- Eben1- Allen,
Mr- Roberts, Mr- Heald, & Mr- Paine appointed to join a Committee of
Council to Take the Same under Consideration, praying relief on ac-
count of the purchase of Confiscated Land of the Commissioners, and
Being Ejected, Eesolved that Mr- Strong & Mr- Fletcher join said Com-
mittee.
The petition of the Inhabitants of Woodstock Relative to Abthorps
[Apthorp's] Land is also refered to the above Committee.1
Adjourned to 10 °Clock Monday next.
Monday Manchester In Council 20th October 1788.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Govr and the fol-
lowing Members of the Honble Council viz1- Honble Timothy Brownson
Samuel Safford Jacob Bayley Peter Olcott John Fassett Thomas Mur-
dock Samuel Fletcher John Strong Jonathan Hunt & Isaac Tichenor
Esq1-8- Joseph Fay Esqr- Secy- D. Robinson Esq1'- Sheriff.
An Act for Holclen the Supreme Court in ChittendenCounty, having
Passed the General Assembly was read & Concurred.
An Act for Levying a Tax on Each acre of Land in the Township of
Williston having passed the General Assembly Was read & Concurred.
An Act Laying a Tax of Two pence on Each acre of Land iu the
Township of Cambridge having passed the General Assembly was read
& Concurred.
An Act Laying a Tax of two pence on Each acre of Land in the
Township of Brumley [Peru] & Landgrove having passed the General
Assembly was read & Concurred.
An Act Laying a Tax of one penny on each acre of Land in the Town-
ship of Lemmington having passed the Gen1 Assembly was read & Con-
curred.
An Act Laying a Tax of one Penny on Each acre of Land in the
Township of Leicester having passed the General Assembly was read &
Concurred.
An Act Laying a Tax of one [penny] on each acre of Land in the
Township of Moncton, having passed the General Assembly was read
& Concurred.
Adjourned to 9 °Clock Tomorrow.
Tuesday 21* October 1788.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Govr- and the follow-
ing Members of the Honble Council viz1- Honble Samuel Safford Jacob
Bayley Peter Olcott Thomas Murdock Tim0- Brownson Samuel Fletcher
Thomas Porter John Strong Jonathan Hunt Isaac Tichenor & John
Fassett Esqrs- Joseph Fay Esqr- Sea/- David Robinson Esqr- Sh'ff.
i Both petitions had been referred on the preceding day.
Governor and Council — October 1788. 173
An Act Granting a New Tryal to Joseph Kembal [Kimball] having
passed the General Assembly was read & Concurred.
An Act repealling an act for the Transfer of the Treasury having
passed the General Assembly was read & Concurred.
An Act Taxing the Land in Jerico one penny pr- acre having passed
the General Assembly was read & Concurred.
The Governor, Council & General Assembly joined in Grand Com-
mittee for the purpose of appointing a Brigadier General to Command
the third Brigade of Militia in this State, His Excellency the Governor
in the Chair, Joseph Fay Esqr- Clerk. The Ballots being taken, The
Honble Paul Brigham Esqr- was declared to be duly Elected to the afore-
said office.
On a Bill from the House appointing Mr- Bradley, Mr- Paine & Mr-
Dewey, a Committee to join a Committee of Council to take under Con-
sideration the making an act for the Transfering the papers, accompts,
& Money of the Late Treasurer— Resolved that Mr- Safford &Mr- Tiche-
norjoinsd- Committee.
An Act for Granting a Lottery for the purpose of Raising Money to
Compleat Building Windsor County Grammer School House, having
passed the General Assembly was read & Concurred.
An Act dividing the Two Heroes into two Seperate Towns having
passed the General Assembly was read & Concurred.
An Act to Prevent the distroying of Deer, having passed the General
Assembly was read & Concurred.
An Act in addition to Milton Tax bill, having passed the General As-
sembly was read & Concurred. ,
An Act Laying a Tax of two pence on Each acre of Land in the
Township of Underhil having passed the General Assembly was read &
Concurred.
An act for the purpose of Allowing ofsetts in Courts of Justice, having
passed the General Assembly was read & Concurred.
Adjourned to 2 "Clock P. M.
Met according to Adjournment.
An Act Laying a Tax of one penny on each acre of Land in Starks-
borough having passed the General Assembly was read & Concurred.
Adjourned to 9 °Clock Tomorrow.
Wednesday 22d- October 1788.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esq1" Govr- and the
following Members of the Honble Council viz'- Honble Tim0- Brownson
Jacob Bayley Samuel Fletcher Peter Olcott Thomas Murdock John
Fassett Thomas Porter Isaac Tichenor Samuel Safford Samuel Fletcher
John Strong Ebenezer Walbridge & Jonathan Hunt Esqrs- Joseph Fay
Esqr- tSecy-t David Robinson Esqr- SKff.
The Governor, Council & General Assembly joined in Grand Com-
mittee, Agreeable to their Adjournment yesterday. The following is a
Copy of their Proceedings.
'• State of Vermont Manchester 21* October 1788.
"His Excellency the Governor, The Honble Council and Honble General
Assembly met in a Grand Committee of boath Houses — His Excellency
the Governor in the Chair — Joseph Fay Esq1'- Clerk.
P "The Committee Proceeded agreeable to the assignment of yes-
terday to Elect a Brigadier General of the third Brigade. On motion
174 Governor and Council — October 1788.
of Cap*- Dewey the vote was called when the Honble Paul Brigham Esqr-
was declared to be duly Elected.
"On motion of Doctr- Marvin, Eesolved that a Committee from Each
County be appointed to draw up Instructions for our Agents to Congress.
Members choosen M1 Speaker Olin, M1 • Bradley, Mr- Porter, Mr- Jacobs,
Mr- Paine, Mr- Strong & Mr- Allen.
" Adjourned to 9 °Clock Tomorrow.
"Wednesday 9 °Clock Committee met according to Adjournment. — The
Sub Committed [committee] made their report as follows which was
read and accepted— see the report of Committee on file.1
"The Ballots being Taken for the first Agent to Congress the Honble
Moses Robinson Esqr- was declared to be duly Elected.
"The Ballots being taken for the second Agent to Congress the Honb,e
Ira Allen Esqr- was declared to be duly elected.
"The Ballots being taken for the 3d Agent to Congress The Honble
Jonathan Arnold Esqr- was declared to be duly Elected.
"The Committee then Desolved. Joseph Fay, Clerk."2
An act enabling the Proprietors of Manchester to Pitch their undi-
vided Land in said Township, having passed the General Assembly was
read & Concurred.
An Act in addition to an act entitled an act for the Regulating of fees
having passed the General Assembly was read & returned to the House
with proposals of amendment.
On Motion of Capt. Strong Resolved that the Secretary of Council be
& he is hereby directed to Issue the Charter of Incorporation to Timo-
thy Andrus & associates for the Towhshlp of Land Granted Sd- Andrus
Lying East of Lake Memphramagog Agreeable to the bounds Given by
James Whitelaw Esqr- Surveyor General by the Name of Derby, mak-
ing the usual Reservations & Restrictions.
An Act against Breaking the Peace having passed the General Assem-
bly was read and Concurred.
An Act Laying a Tax of two pence on each acre of Land in the Town-
ship of Salisbury, having passed the General Assembly was read & Con-
curred.
An Act in addition to an Act to Regulate the paying of Money raised
by Taxes for making Roads Bridges &c, having passed the General As-
sembly was read & Concurred.
Adjourned to 2 °Clock P: M:
Met according to Adjournment.
An act directing certain persons named therein to diliver up certain
Obligations to Samuel Pennock, having passed the General Assembly
was read & Concurred.
An Act repealling a certain clause in an Act [of 1779] Enabling a
Member of Council to Set [sit] as a Judge in the Supreme Court, hav-
ing passed the General Assembly was read & Concurred.
*No report of instructions at this date is to be found in the journal of
either House, or elsewhere. The form of a commission to agents to
Congress was subsequently adopted, and also a resolution making it the
duty of the agents "to use all due diligence to remove every obstacle to
the accession of this State to the Federal Government." Probably these
were in conformity to the report of the committee.
2 The Assembly Journal shows that James Whitelaw was at the same
time elected Surveyor General.
Governor and Council — October 1788. 175
An Act for entering certain Actions in the County of Windham, hav-
ing passed the General Assembly was read & Concurred.
On a Bill from the House [appointing] M1- Israel Smith, M1- Bradley,
& Mr- Knoulton a Committee to join a Committee of Council to make
out a Commission for the Agents to Congress— Resolved that Mr- Tich-
unor join said Committee.
Ail* Act altering the name of Turner shurgh to that of Ghelsey having
passed the General Assembly was read & Concurred.
An act [providing tor] Posthumas [posthumous] children & children
not named in any last will & Testiment having passed the Council, was
sent to the General Assembly, Recommending that they pass the same
into a Law of this State.
An Act Laying a Tax of one penny on Each acre of Land in the
Townships of Cornwal »& Midlbury having passed the General Assem-
bly, was read and returned to the House with proposals of amendment.
An Act authorizing the Constable of Peacham to Collect the- Ten
shilling [tax on each hundred acres of land, granted in 1781,] having
passed the General Assembly was read & Concurred.
An Act in Explanation of an Act Entitled an Act for enabling [com-
munities] to sue for & defend their Rights & Interest having passed
the Gen1- Assembly was read & Concurred.
Adjourned until Tomorrow 9 °Clock.
Thursday 23d October 1788.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esq'- and the following
Members of the Honble Council viz1- Honble Timothy Brownson Samuel
Safford Jacob Bayley Samuel Fletcher Peter Olcott ThomSs Murdock
John Fassett Thomas Porter John Strong Ebenezer Walbridge Jona-
than Hunt & Isaac Tichenor Esqrs- Joseph Fay Esqr- Secy- t>. Robin-
sou Esq1'- Sheriff.
An Act in addition to an Act Regulating Proprietors meetings, hav-
ing passed the General Assembly was read & Concurred.
An act enabling the first Constable of Moortown [Bradford] to Collect
the Ten shilling Tax [of 1781 on each hundred acres] having passed the
General Assembly was read & Concurred.
An Act Altering the Name of Moortown to that of Bradford was read
& Concurred having passed the General Assembly.
An Act Levying a Tax of Five pence on the Pound on all the ratable
estate in this State was read & returned to the General Assembly with
proposals of amendment; on Reconsideration read & Concurred.
An Act directing the mode of Process against the Sheriffs Bonds, was
read & returned to the General Assembly with proposals of Amendment.
Adjourned to 2 °Clock P: M:
Met according to Adjournment.
A Constitution of the City of Devergeens [Vergennes] having passed
the General Assembly was read & Concurred with two amendments
which was agreed to.
Honble General Olcott moved to Council for Leave of absence during
the Present Session which was accordingly Granted.
Adjourned to 9 °Clock Tomorrow.
176 Governor and Council — October 1788.
Manchester 24 October 1788.
Friday In Council date above.
Met according to Adjournment.
Present His Excellency Thomas Chiltenden Esqr- and the following
Members of the Honbie Council— Honbie Timothy Brownson Samuel
Safford Jacob Bayley Samuel Fletcher Thomas Murdock John Fassett
Thomas Porter John Strong Ebenezer Walbridge Jonathan Hunt &
Isaac Tichenor Esqrs- Joseph Fay Esq'- Secy- D. Robinson Sheriff.
A message from the House was recd- requesting the Governor & Coun-
cil to join in a Committee of boath Houses, for the purpose of Electing
an Agent to Congress in Lieu of Honble Ira Allen Esqr- who is Excused.
The Governor & Council Attended accordingly, & formed into a Com-
mittee of the whole — His Excellency the Governor in the chair, Joseph
Fay Esqr- Clerk.
The Ballots being taken the Honble Isaac Tichenor Esqr- was declared
to be duly elected.
The Committee then dissolved. Joseph Fay Clerk.
An act laying a Tax of one penny on Each acre of Land in the Towns
of Woodbury & Hardwick having passed the General Assembly was read
& Concurred.
An act Laying a Tax of Ten shillings on the Right on all the Land
in the Township of Greensborough, having passed the General Assembly
was read & Concurred.
An Act Laying a Tax of one penny on Each acre of Land in the
Township of Cabbot, having passed the General Assembly, was read &
Concurred.
An Act layin.g a Tax of Two pence on the acre on all the Land in the
Township of Minden., [Craftsbury,] having passed the General Assembly
was read & Concurred.
The Honorable Samuel Mattocks Esqr- as Principle & the Honble John
Strong & Nathaniel Chipman Esquires, as sureties, appearing acknowl-
edge themselves jointly & severally recognized & firmly bound and
oblidged to the Secretary of State, in the Sum of Ten Thousand Pounds
L. Money, & that for ihe faithfull payment of the said sum, they and
their Heirs are jointly & severally firmly bound, Conditioned in the fol-
lowing Manner viz4- That if the above bound Samuel Mattocks shall
faithfully Execute and discharge the duty of Treasurer for the State of
Vermont for the year Ensuing, so that no damage be sustained to the
public or auy Individual, in said office of Treasurer, that then this obli-
gation be void otherwise to remain in full force & Effect in Law.
Attest, Joseph Fay Secy-
The aforesaid Samuel Mattocks Esqr- was accordingly duly qualified
by Taking the Necessary Oaths before the Governor.
Attest, Joseph Fay Secy-
On application of Major Elias Buel for a Charter of Incorporation for
the Township of Coventry, Granted on the 4th- of Novr- 1780 & in 1784,
& that his bond with Col0- Ira Allen be recd- made to the Treasurer of
this State for three hundred and Twenty six pounds Eighteen shillings
& Six pence which yet remains due for the Granting fees of said Town-
ship—Resolved that the Secretary of Council be & he is hereby directed
to Issue a Charter accordingly Taking said bonds payable in one year
from this date in Securities of this State & if not paid by the time, to be
paid in Solid Coin with Interest after due if not paid.
£326 18 6. Attest Joseph Fay Secy-
Governor and Council — October 1788. 177
'An Act Laying a Tax of Two pence on the acre on all the land
in Westford having passed the General Assembly was read & Concurred.
Adjourned to 2 °Clock P: M.
Met according to Adjournment.
An Act in addition to an Act on the Land Tax bill for Jamaca &
Wardsborough, having passed the General Assembly was read &
Concurred.
An Act Granting a Tax of one penny half penny on Each acre of
Land in the Township of Woodford having passed the General Assem-
bly was read & Concurred.
An Act relating to Estates that have been Confiscated by this State
having been passed in General Assembly was read & Concurred.
James Whitelaw Esq1'- appeared before the Governor & Council &took
the Necessary oath to qualify him to Serve as Surveyor General for the
State of Vermont for the year Ensuing.
The petition of James Whitelaw Esqr- W. Coit & [James] Savage
praying that they have Liberty to Insert in their Charter of Incorpora-
tion of the Township of Land Granted them in October last, that Each
associate Enter in said Charter, that Each Proprietor be Entitled to so
many equal Shares as shall be affixed to Each proprietor so entered. —
Granted.
An Act for the purpose of Levying a Tax of two pence on the pound
in the County of Windham, having passed the General Assembly was
read & Concurred.
On the Petition of Benjamin Whipple & others — Resolved that the
Fines Laid on the Rioters by the Supreme Court in Rutland County in
August 1786 be & they are hereby suspended from being collected for
one year from this date.
An Act Granting a Tax of ld- on the pound in the County of Rutland,
having passed the General Assembly was read and Concurred.
An Act Laying a Tax of two pence on Each acre of Land in the
Townships of Berlin & Montpeller, having passed the General Assembly
was read & Concurred.
An Act Granting the City of Devergeens [Vergennes] Town prive-
ledges having passed the General Assembly was read & Concurred.
An Act relinquishing Wallingford (jiorc from paying Town Taxes,
having passed the General Assembly was read & Concurred.
An Act Granting a New Try al to Stephen Olin &*Penuel Stevens,
having passed the General Assembly was road & Concurred.
An Act altering the listers Act having been read & passed the General
Assembly was read in Council & Concurred.
An Act Enabling Ozias Clark administrator on the Estate of Capt.
Elisha Clark Decd- to Execute a deed of one hundred acres of I^and in
the Township of Orwell, having passed the General Assembly was read
& Concurred.
An Act Granting a penny on the pound [tax] in the County of Wind-
sor, having passed the General Assembly was read & Concurred.
Adjourned to 7 °Ciock Tomorrow.
Manchester 25 October 1788.
Saturday In Council date above.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esq1- and the following
Members of the Honble Council viz*- Honble Tim0- Brownson Samuel Sat-
ford Jacob Bayley Thomas Murdcck John Fassett Thomas Porter John
13
178 Governor and Council — October 1788.
Strong Ebenezer Walbridge Jonathan Hunt & Isaac Tichenor Esqra-
Joseph Fay Esqr- Secv- D. Robinson Esqr- Sheriff.
An Act or Resolution of Assembly declaring that the former Act
passed March 1787 relative to the disposal of moneys raised by Taxes
for making & repairing roads, Bridges &e. shall not effect [affect] the
act passed the present Session Laying a Tax on Fair Haven, having
passed the General Assembly was read & Concurred.
On application made by Isaac Tichenor and Joseph Fay Esq1'8- re-
questing that a Charter be Granted of the Township of Land Granted
to Col0- Andrew Adams & Company in 1780 by the name of Sheffield —
Resolved that the Name of Noah Smith Esq1- be Entered in said Char-
ter in Lieu of sd- Andrew Adams & that the Secretary of Council be &
he is hereby directed to Issue sd- Charter Entering such names as the
Governor shall direct in a List Given said Sec?- Jos. Fay tSecv-
Resolved that the Honble Samuel Saftbrd be & he is hereby appointed
to Attend on the Treasurer to receive & Rec1 in behalf of the Members
of Council, Sec^ & Sheriff, their Debenter for the present Session, which
is to be paid Agreeable to the assessment of the General Assembly.
On motion of Major Hunt — Resolved that in making out the Charter
for the Township Granted to Major Jonathan Hunt & Company that
Each proprietor shall be entitled to such Number of Equal shares as
shall be entered to Each respective Name — that the Secretary of Coun-
cil be & he is hereby directed to Issue said Charter under the Seal of
the State as soon as he shall be certified by the Treasurer that s(1- Hunt
has Complied with the Resolutions of Assembly in paying the Granting
fees of said Township.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
Having Debated on Sundry Bills & others business, the Assembly
having disolved, the Council Adjourned to 10 °Clock Monday next.1
1 Probably the principal debate of that afternoon session was on a bill
from the House entitled " An act declaring a certain fraudulent instru-
ment, purporting to be a charter to Ira Allen, Esq. and associates therein
described, null and void.''1 This bill is not noticed in the Council Jour-
nal.. An account of this affair will be found in an appendix.
From the Assembly Journal:
Oct. 24 1788. — Resolved That his Excellency receive as a salary from
this State, for his services for the ensuing year, the sum of one hundred
pounds lawful money; and that the Treasurer be, and he hereby is di-
rected, to pay him the said sum accordingly.
Oct. 25. — Voted, That the Treasurer have one hundred and twenty
pounds as a salary for the year passed— and he is hereby empowered to
receive the same out of the treasury of this State.
Voted, That his Excellency the Governor receive from the treasury,
in part pay of his last year's salary, in specie, the sum of nine pounds
lawful money. — That each member of Council receive the whole of his
debenture, (except one dollar to each, which shall be paid by the Treas-
urer in hard money orders,) in like money.
After prayer by Rev. Joseph Cornall, the Assembly postponed all
unfinished business to the next session, and adjourned without day.
Governor and Council — October 1788. 179
Manchester Monday 27th- October 1788.
Met according to Adjournment.
The Council proceeded to take under their consideration sundry ac-
compts Exhibitted by Col°- Ira Allen Late Surveyor General.
An accompt Allowed Mr- Thadeus Munson for the use of the Cham-
ber &c. and an order drawn on the Treasurer for Nine pounds hard
Money Orders. £9 0 0. Joseph Fay Sect/-
An order drawn on the Treasurer in favour cf Joseph Fay, for County
Commissions &c. for the sum of six pounds live shillings & six pence.
£6 5 6.
Adjourned to 7 °Ciock Tomorrow.
Manchester 28 October 1788.
Tuesday in Council date above.
Met according to adjournment.
After debating Relative to the Surveyor Generals accounts, and
passing an account of £8 19 0 for the discharge of the Bill of Col0-
Keyes for Supplying the Troops and Entertaining the Clergy on the day
of General Election and an order drawn on the Treasurer directing him
to pay the Same in Silver Money,
[Adjourned without da}'.]1
P: S. The accts- of the Surveyor General being partly digested you
will please to turn to the journals of Council at their Session Holden at
Rutland on the 27th Day of August last, Entered in this book Page 405.1
Jos. Fay Secy-
[REPORT OF LAND COMMISSIONERS.]
The following is the Returns of the Board of Commissioners for Lo-
cating the Lands Granted by this State as made by them to the Gov-
ernor and Council Agreeable to Law.
State of Vermont Shaftsbury March 15th- 1788.
To His Excellency the Governor & Honble Council of said State —
The Subscribers Commissioners appointed by the Honorable General
Assembly agreeable to their Act of the 26 of October 1787 for the pur-
pose of Locating Grants of Land made by the authority of this State,
which are not yet chartered, Having in all things attended the directions
of said act & duly Examined the said several Grants with respect to
their Priority & right of Location, & attended to the evidence & argu-
ments of the several Claimants, in the premises, Do order and Decree
that their Locations to be in the following places & order vizc- —
To the Proprietors of a Grant to the Honble John Throop Esqr- Cap-
tain Steel Smith & Company the 4 of November 1780 Seven thousand
Eight hundred & sixty Eight acres of Land as Marked* part of Warren
N°- 11 there being that quantity of Land taken off from sd- Grant by the
charter of Lincoln.
To the Proprietors of a Grant made to Colone1 Andrew Adams, Mr-
Stephen Kingsberry & Com^ a Township equal to a tract six Miles
Square as Marked Sheffield on the plan herewith Exhibited Granted
November 4 1780.
xThe adjournment without day was entered on the record, but was
erased (by mistake undoubtedly) when the post scriptum was entered.
8 This reference of course is to the manuscript journal.— See ante p.
* Refering to a plan Exhibited with this return.
180 Governor and Council — October 1788.
Tc the Proprietor of a Grant made to Major Elias Buel & Corny- the
4th November 1780, a tract as Marked Coventry on the plan to Contain
19391 Acres to Compleat their Grant,
To the Proprietors of a Grant made to Col0 Ira Allen & associates a
tract equal to six miles Square Granted February 23d- 1781, to be Char-
tered as Marked Irasburgh on the plan.
To Col0- Henry Emanual Lutterloh, [Lutterloth,] Major Thomas Cogg-
sell "Cogswell] & Company Granted June 27th 1781 a 'tract equal to six
miles Square as marked Lutterloh [Albany] on the plan.
To General John Glover, John Patterson & Company a tract six Miles
square Granted June 27 1781, to be Chartered as Marked Glover on the
plan.
To Col0- William Barton & Company a Tract six miles square as
marked Barton on the plan, Granted October 23d- 1781.
To Nathan Fisk Esq1- <fc Company, George Duncan Esq1- & Company,
a tract six miles square as Marked Duncansburgh [or borough, being
Newport,] on the plan Granted October 23d- 1781.
To Timothy Brown & Daniel Brown Esquires & Company a tract
equal to six miles square to be chartered in the Pieces as Marked Brown-
ington on the plan.
To the Moheakunuck [Muhheakunnuck] Tribe of Indians a tract of
Land equal to six miles square as Marked Marshfield on the plan,
Granted October 16 1782.
To the Trustees of Dartmouth College & the President of Moors
Charity School a tract of Land equal to six miles square as Marked
Wheelock on the plan, Granted 14th- June 1785.
To James Whitelaw, James Savage, William Coit & associates a tract
of Land equal to six miles to be Chartered in three different Pieces as
Marked Whitlow & Co. on the plan, & in case [of] a deficiency to include
an equivlent on unlocated lands to Compleat in all the contents of 23,040
acres Including all the Islands in Lake Champlain, Ungranted by Ver-
mont, to the deepest channel of the Lake Westward — Granted October
2b' 1787.
To Luke Knoulton Esq'*- 10,000 acres of Land as Marked Knoulton
on the plan, Granted Feb? 28th- 1787.
To John Kelley Esq1" sixty nine Thousand and 100 acres of Land
Granted March 25 1787 to be chartered as Marked John Kelley Esqr- on
the plan.
To Doct. Roswell Hopkins Eleven Thousand & 264 acres in such part
of the Gore Marked Hopkins Gore as he shall choose, Granted Oct. 27th
1787.
To Wid°- Hester Warner Granted Oct. 20 1787 2000 acres of Land as
Marked Warner on the plan.
To Capt. John Powel [John Powell, William Douglass] &c. & Com-
pany Eleven Thousand Six hundred acres of Land as Marked Goshen in
two places to make up the deficiency of their Grant, Granted February
23d- 1782. Signed by ] jo
Gideon Olin |
Samuel Knight | .g
Paul Brigham y J
True Copy Recorded. Samuel Mattocks |
Attest Alexander Harvey S
Joseph Fay Secy- Lemuel Chipman J cS
G-overnor and Council — March 1789. 181
Debenter of Council al their Session Held at Manchester 25
October 1788.
Hon*>ie Tim0 Brownson £5 13 4, Samuel Safford Esq*- 6 7 0, Jacob
Bayley Esq*". 7 19 0, John Fassett Esqr- 8 2 4, Peter Olcott 5 15 0,
Thomas Porter Esq*"- 6 7 4. Thomas Murdock Esqr- 5 7 0, John Strong
Esq1-- 7 5 0, Ebenezer Walbridge 5 19 4, Jonathan Hunt Esqr- 4 19 8,
Samuel Fletcher 6 8 0, Isaac Tichenor 6 6 4, Joseph Fay Secy- 8 0 4,
D: Robinson Sheriff 5 9 4— [Total] £89 19 0.
Attest Joseph Fay Secy-
Debenter of Council at Manchester after the Rising of the Assembly
in October 1788 for settling the accounts of the Surveyor General.
Honbie Timothy Brownson £1 1 0, Jacob Baylev 110, Samuel Saf-
ford 110, Thomas Porter 1 1 0, Ebenezer Walbridge 110, Jona-
than Hunt 1 1 0, Isaac Tichenor 110, Thomas Murdock 14 0, Joseph
Fay 1 7 0-[Total] £9 8 0. Joseph Fay Secy-
End of October Session 1788.
RECORD OF THE GOVERNOR AND COUNCIL
AT A
SPECIAL SESSION AT FAIRHAVEN 5th MARCH 1789.
In Council date above Convened by special orders from His Excel-
lency—
Present His Excellency Thomas Chittenden Esqr- and the following
Members of the Honble Council viz1- Honble Samuel Safford John Fassett
Thomas Porter Timothy Brownson Ebenezer Walbridge Esqrs- Joseph
Fay Esqr- Secy- Joel Hammilton D. Sheriff.
Adjourned to 8 °Clock Tomorrow.
Friday 6 March 1789.
Met according to Adjournment.
His Excellency opened the business of the Council by laying before
them the distressed situation of the Inhabitants of the State for "want of
Grain, & proposed that an Imbargo be laid to prevent the Exportation
of Wheat & other Bread Corn out of this State. Having spent some time
in debating on the Subject, Adjourned to 2 °Clock P: M:
2°Clock Met according to Adjournment.
On application of Mr- Andrew Griswould, representing that he had
Lodged a Gun in this States Store — whereupon Resolved that the Com-
missary General be ordered to diliver said Gun to him his proving
property.
182 Governor and Council — March 1789.
Mr- Tichenor Arived & joined the Council.
Resolved that an Imbargo be laid on all Grain to prevent the expor-
tation of the same out of this State. Resolved that Mr- Sec?- Fay Mr-
Tichenor & Col0- Lyon be requested to make a Draught of an ordinence
for the aforesaid purpose.
Adjourned to 7 "Clock Tomorrow.
Saturday 7th- March 1789.
Met according to Adjourn4
Present His Excellency Thomas Chittenden Esq1- Samuel Safford John
Fassett Thomas Porter Tim0 Brownson Ebenezer Walbridge Isaac Tiche-
nor iUsqrs- Joseph Fay Esnr- SeW Joab [Joel] Hammilton Esq1-- D: S:
On motion of Mr- Tichenor Resolved, that the Sec*- of Council be &
he is hereby directed to Issue a Charter of Incorporation for the tract
of Land Granted to Doct. Roswell Hopkins by the Legislature of this
State under the usual restrictions, sd Hopkins producing a Certificate
from the Treasurer that the Granting fees are paid.
A draught being made for Prohibiting the Exportation of Grain out
of this State, the same being laid before the Governor & Council was
read & approved, <fc is as follows viz1-
An ordinence of thk Governor and Council of the State
of Vermont.
Whereas the Great Scarsity of Bread corn in the Northern part of
this State (Occasioned by the failour of the last Crops, Together with
the quanties which have been and still are Carrying out of this State) is
such as Leaves no doubt of Producing the utmost distress to the Inhabi-
tants of this State for the want of that necessary article, unless effectual
measures be taken to prevent the exportation of all kinds of Grain —
Wherefore be it ordained & it is hereby ordained by the Governor &
Council of the State of Vermont & by the Authority of the same, That
from & after the 20th day of this Instant March, until the 18th day of
April next ensuing (Including boath days) no person or persons what-
soever shall export or Convey out of this State any Grain being the Pro-
duce of this State viz- wheat, Bye, Indian Com, Burly, or the Meal or
flour of any of the aforesaid articles; & Be it further ordained by the
Authority aforesaid, that it shall & may be Lawful for any Sheriff, Con-
stable, Grand Juror, or selectman to Stop & Examine any & evcy
Sleigh, Cart, Waggon, or Cariage [or] other Conveyance, which they
may have reason to apprehend is Looded [loaded] with any of the arti-
cles of Grain, Meal, or flour aforesaid for the purpose of transporting the
same out of this State contrary to the true intent & meaning of this or-
dinence within the time limitted as afforesaid. And unless the owner or
owners of said Grain, or the person or persons having the charge of the
same, produce to the informing officers a Certificate from some justice
of the Peace, or two selectmen of the Town from whence the said Grain,
meal or flour was taken, Specifying the quantity of Each, & the place to
which the same is to be Transported, & that said Justice or Selectmen
are well Satisfied that the said Grain, Meal, or flour will not be trans-
ported out of this State but be used in the Same, or otherwise satisfy the
Authority before whom a Tryal shall be had that the said Grain, Meal,
or Flour, was not Intended to be transported out of this State — the
owner or owners of the said Grain, Meal, or flour shall forfeit (on con-
viction) the whole of the said Grain, Meal, or flour to the Treasurer of
the Town in which the said Grain, Meal, or flour shall be sieezed to be
Governor and Council — March 1789. 183
recovered by any informing officer before any court proper to try the
same.
And all Magistrates, Sheriffs, Constables & other informing officers
are hereby required & Commanded to be vigilent & active in detecting
& preventing all persons from violating any part of this ordinence—
Provided Nevertheless, this prohibition shall not extend to prevent,
hinder, or Molest any of the Citizens of the United States, or those of
the Province of Quebec from conveying thro any part of this State any
wheat, Rye, Indian corn, Barly, Meal, or flour which they may have
purchased in anj of the United States.
Be it further Ordained by the authority aforesaid that the foregoing
Ordinence be published in both News papers printed in this State
which shall be deemed Legal Notice for Carying the same into
Execution.
Done in Council in the Council Chamber at Fair haven this 7th day of
March 1789 in the 13 year of our Independence.
The foregoing is a true Copy of an Ordinence passed by the Governor
& Council the day & date above mentioned. Joseph Fay Secv-
Resolved that Wednesday the 29th Day of April next be observed as a
Day of public Humiliation, Fasting & prayer, & that Mr- Sec^- Fay,
Revd Ml- Swift & Mr- Tichenor make a draught of a Proclamation for
the purpose.
Resolved that Sec^- Fay be directed to publish at the Expense of the
State in all the News papers of this State a proper Notification for the
better information of Land owners in this State that the time limitted by
Law for Redeeming Lands sold at Vandue for Collecting the Surveyor
Generals Tax for Surveying Town Lines, Cutting roads &c. is only six
Months from the time of sale — and the printers in the Neighbouring
States be requested to publish the same.
Debenter of Council at their Session Holden at Fairhaven Ending
March 7th 1789.
Honble Tim0- Brownsou £1 14 4, Samuel Safford 2 10, Thomas Por-
ter 16 4, John Fassett 2 12 0, Ebenezer Walbridge 2 10, Isaac Tich-
enor 2 10, Joseph Fay Secy- 2 7 0, Joab [Joel] Hammilton J). Sheriff
18 8— [Total] £15 1 4. Joseph Fay Secv-
THIRTEENTH COUNCIL.
OCTOBER 1789 TO OCTOBER 1790.
Moses Robinson. Bennington, Governor.1
Joseph Marsh, Hartford, Lieutenant Governor.
Councillors :
Timothy Brownson, Sunderland, John Strong, Addison
John Fassett, Jr., Cambridge,
Peter Olcott, Norwich,
Jacob Bayley, Newbury,
TnoMAS Porter, Tin mouth,
Samuel Safford, Bennington,
Jonathan Hunt, Vernon,
Eben'r Walb ridge, Benningion,
Isaac Tichenor, Bennington.
Nathaniel Niles, Fairlee.2
Luke Knoulton, Newfane.3
Joseph Fay, Bennington, Secretary.
1 Second governor of Vermont, elected in a Grand Committee consist-
ing of the Governor and Council and General Assembly, Oct, 9 1789.
For biographical notice see Vol. I, p. 128. The editor desired to give,
facing this page, a portrait of Gov. Robinson ; but it has been ascer-
tained from gentlemen best informed and most interested that this is
impossible. No portrait of the governor can be found, nor portraits of
members of his family from which a satisfactory presentment could be
constructed.
2 Samuel Fletcher of Townshend was elected Councillor by the people
out resigned that office and served as Sheriff. Oct. 17, Mr. Niles was
appointed to fill the vacancy in the Council.
8 Thomas Murdock of Norwich was elected by the people but he
resigned the office, and, Oct. 17, Mr. Knoulton was appointed to fill the
vacancy. He was then a member of the House.
Governor and Council — October 1789. 185
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
SESSION OF THE GENERAL ASSEMBLY HELD AT WEST-
MINSTER, OCT* 1789.
State of Vermont in Council Chamber)
Westminster 8th October 1789. \
At a General Election for Governor, L* Governor, Council & Treasurer
for the State of Vermont, Present H^s Excellency Thomas Chittenden
Esquire Governor and the following Members of the Honorable Council
viz1- Honble John Fassett Samuel Satford Thomas Porter Ebenezer
Walbridge John Strong Isaac Tichenor & Jon1- Hunt Esquires. Joseph
Fay Sec&- Samuel Fletcher Esqr- Sheriff.
A bill from the House was recd- appointing Mesrs- Robinson, Shumway,
Williams, Simeon Smith, Painter, Thompson, Hitchcock, Noah Smith,
Knight, Kuoulton, Burton, Parkhurst, Paine & Morey a Committee to
receive, sort and Count the votes for Governor, Ll Governor, Council &
Treasurer and declare the several persons choosen. Resolved that
Mesrs- Satford, Tichenor, Hunt, Strong, Fassett & Porter join said Com-
mittee for the purposes Mentioned therein.
The Committee reported the following Gentlemen to be Elected into
office by the Freemen for the year ensuing viz1- The Honble Joseph
Marsh Esquire L* Governor. IIonl,le Samuel Mattocks Esquire Treasu-
rer. Honble Samuel Safford Isaac Tichenor Jonathan Hunt Jacob Bay-
ley Peter Olcott Thomas Porter Ebenezer Walbridge Jn°- Strong- Timo-
thy Brownson Thomas Murdock Jn°- Fassett Jur- & Samuel Fletcher
Esquires Counsellors.
The Committee reported that the Freeman [freemen] had made no
choice of a Governor, whereupon the Council & Assembly Resolved to
Meet in Grand Committee tomorrow Morning to make choice of a Gov-
ernor for the year ensuing Agreeable to Constitution.
Adjourned to Tomorrow Morning.1
October 9th- 1789.
Met according to Adjournment.
Present His Excellency Thomas Chittenden Esqr- Gov1-- and the fol-
lowing Members of the HoubIe Council, Honble Samuel Safford John Fas-
1 It was stated in the Vermont Journal of Oct. 14 1789, that on the day
preceding the meeting of the two houses, Gov. Chittenden was met at
Hartland by a company of cavalry commanded by captain Elisha Haw-
ley of Windsor, " and safely escorted to Westminster, where he
met the General Assembly of this State. They were supplied with
every necessary while on the road, while at Westminster, (which was
two days,) and on their return home, at his Excellency's expense." The
election sermon was delivered by Rev. Dan Foster of Weathersfield.
186 Governor and Council — October 1789.
sett Peter Olcott Thomas Porter Ebenezer Walbridge Jonathan Hunt
Isaac Tichenor Esqrs Joseph Fay Esqr- Secv- Samuel Fletcher Esqr-
ShJ.
The foregoing Members of Council were duly qualified before the
Governor to Execute the office of Councillors for the year Ensuing.
On Motion for the appointment of a Secretary to the Governor &
Council, the ballots being taken Joseph Fay Esquire was declared to be
duly Elected & was duly qualified before the Governor accordingly.
On a Message from the House by Mesrs- Noah Smith & Jonathan Rob-
inson, requesting his Excellency & Council to join the House in Grand
Committee for the purpose of Electing a Governor for the year ensuing
agreeable to the order of the day, they joined the House accordingly.
His Excellency in the Chair — Mr- Secretary Hopkins Clerk. The bal-
lots being taken,' the Honble Moses Robinson Esquire was declared to be
duly Elected Governor for the year Ensuing.1
'From the printed Assembly Journal, Oct. 9 1789, p. 6:
Resolved, That the Council be requested to attend the House, as soon
as may be, and proceed with them in choosing a Governor for the ensu-
ing year.
The Council and Assembly having joined in Grand Committee to
choose a Governor for the ensuing year. His Excellency Thomas Chit-
tenden, Esquire, in the chair, Roswell Hopkins, Esquire, Clerk.
The ballots being taken, sorted and counted, for a Governor for the
year ensuing, the Honorable Moses Robinson, was elected, and declared
Governor for the year ensuing.
Resolved, That the Chairman of this Committee be requested to in-
form the Honorable Moses Robinson, Esquire, of his being elected Gov-
ernor of this State for the year ensuing; and to desire his attendance to
the business of his appointment.
Resolved, That Captain David Robinson be the Messenger from his
Excellency Governor Chittenden, to the Honorable Moses Robinson,
Esquire.
The Committee then dissolved.
Attest, Roswell Hopkins. Clerk.
Resolved, That a Committee of five be appointed to prepare an ad-
dress of thanks to the late Governor, for his past services.— :Members
chosen — Mr. [Samuel] Hitchcock, Mr. [Ebenezer] Marvin, Mr. Noah
Smith, Mr. Ira Allen and Mr. [Elijah] Paine.
It appears from the Vermont Gazette of Oct. 19 1789, that on declaring
the election of Mr. Robinson, Gov. Chittenden addressed the Grand
Committee as follows:
Gentlemen of the Council and Gentlemen of the House of Bepresentatives :
I have had the honor to hold the important trust of your chief magis-
trate a number of years past, in the whole course of which I have en-
deavoured to serve the interest of the state to the best of my abilities;
and on my retiring to private life, can assure you, that I feel a conscious-
ness of having discharged my duty with simplicity and unremitted at-
tention.
Since I find that the election has not gone in my favor by the freemen,
and that you, gentlemen, would prefer some other person to fill the
chair. I can cheerfully resign to him the honors of the office I have long
since sustained, and sincerely wish him a happy administration, for the
advancement of which my utmost influence shall be exerted.
Governor and Council — October 1789. 187
HonbIe Jacob Bayley Esquire took the necessary. qualifications required
by Constitution and took his scat in Council.
Adjourned to 8 °Clock Tomorrow Morning.
Westmtnsteti 10 October 1789.
Met according to Adjournment.
His Honor Joseph Marsh Esquire I> Governor appeared and took the
necessary qualifications required by Constitution and Took his seat in
Council.
A bill from the House was recd- appointing Mesrs- Jonathan Robin-
son, Lemuel Chipman, Samuel Chipman. [Samuel] Hitchcock, Bryant
Brown. Samuel Knight,1 & Israel Morey to join a Committee of Coun-
cil to Make the Necessary arangements of the business of the Present
Session. Resolved that Mesrs- Safford and Walbridge join said Commit-
tee for the aforesaid purpose.
On the Petitions of the Inhabitants of the Township of Stratton.
praying that the forfeiture may be taken of [off] the Proprietors of said
Township for not doing the setteling duty according to Charter, having
been read in General Assembly and Mesrs- E. Smith, I. Smith, & S.
Smith,2 appointed a Committee to join a Committee of Council to take
I ardently wish you, gentlemen, happiness and prosperity; may the
blessing of heaven attend your useful deliberations, and render you sub-
servient in all your public exertions to the best good of your constituents.
The committee, appointed to draft an address of thanks to Gov. Chit-
tenden, reported on the same day, and the report was recommitted;
again reported on the 10th, when the report was read and laid on the
table. On the 17th, the report was considered, and adopted — yeas 76,
nays 12. It was as follows:
To the Honorable Thomas Chittenden, Esquire,
Sir, — On your exit from the important office of Governor, which you
have so long held by the united suffrages of the people of this State, the
Representatives, in General Assembly met, beg leave to address you,
and publicly demonstrate the satisfaction they feel in your late adminis-
tration.— The citizens of Vermont must contemplate with pleasure, your
early and reiterated endeavors to establish and maintain the existence
and welfare of this government — and at the same time feel a grateful
sense of the many and good services you have rendered them, as the
supporter, guardian, and piotector of their civil liberties.
The Representatives of the people of Vermont, upon this occasion, re-
quest your Honor to accept for your past services, all that a noble and
generous mind can give, or wish to receive, their gratitude and warmest
thanks: — and it is their earnest wish, that in your advanced age, and re-
tirement from the arduous cask cf public life, you may enjoy all the bless-
ings of domestic ease.
I amv may it please your Honor, (by order, and in behalf of the House,)
with the greatest respect, your most obedient humble Servant,
(Signed) Gideon Olin, Speaker.
1 Knights, erroneously, in the journal of each House.
2 There seems to have been something like a joke in the selection of
this committee. It embraced one half of the Smiths in the House, to
wit: Elihu of Clarendon, Israel of Rupert, (afterward governor,) and
188 Governor and Council — October 1789.
the same under Consideration— Resolved that Mr Bayley join the above
Committee for the purposes therein mentioned.
On a bill from the House Appointing Mesrs- Hitchcock, Leavenworth,
Jonathan Robinson, Israel Smith & Lemuel Chipman, to join a Com-
mittee to prepare an Address to the President of the United States,
Resolved that Mr- Tichenor join said Committee for the purpose therein
mentioned.
Adjourned to 2 °Clock P. M.
Met according to Adjournment and Adjourned to 10 "Clock Monday
next.
Monday, 12th- October 1789.
Met according to Adjournment.
Present his Honor Joseph Marsh Esqr- I> Gov- and the following
Members of the Honble Council viz*- Honble Samuel Safford Peter Olcott
Jacob Bayley Jn° Fassett Thomas Porter John Strong Ebenr- Wal-
bridge Isaac Tichenor Esqrs- Joseph Fay Secy- Samuel Fletcher Sheriff.
An Act appointing two persons in Lieu of two others who refused to
act as a Committee for appropriating the Moneyes raised by a two penny
Tax in the Township of Corinth having Passed the House was read &
Concurred.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
A Message recd- from the House requesting the L4 Governor and
Council to join in Grand Committee to take under Consideration the
petition of the Inhabitents of Leicester and Salisbury, and a number of
other Towns, relative to Settleing their Town lines. The Grand Com-
mittee met accordingly, & after due consideration Agreed to dismiss said
petitions.
An Act giving leave for the administrators on the Estate of William
Haight Late of Vargeens Decd- to exchange a certain peice of Land
with Roswell Hopkins Esqr- having passed the General Assembly was
read & Concurred.
Adjourned until 8 °Clock Tomorrow morning.
Tuesday 13th October 1789.
Met according to adjournment. Present His honor Joseph Marsh
Esquire L' Govr- and the following Members of the Honble Council viz1
Honble Samuel Safford Peter Olcott Jacob Bayley John Fassett John
Strong Ebenezer Walbridge Jonathan Hunt Isaac Tichenor Esquires.
Joseph Fay Secy- Samuel Fletcher Sheriff.
Simeon of Fairhaven. The other Smiths were Capt. Abida of Pomfret,
Asahel of Benson, and the Hon. Noah, (then a resident of Bennington.)
who represented the town of Johnson. There may have been other in-
stances of a town represented by a non-resident, — probably Highgate,
represented b\^ John Knickerbacor in 1790, '91, and '92 — but Johnson is
the only case of which the editor is sure. No question appears to have
been raised as to the right of Mr. Smith to act. He was enrolled on the
first day, and appointed on the first committee raised. Neither the con-
stitution nor any statute at that time required a representative to be a
resident of the town for which he acted.
Governor and Council — October 1789. 189
On a bill from the House Appointing Mesrs. Jonathan Robinson,
Lemnel Chipman, Abel Thompson, Ira Allen, Mr- Wood, Bryant Brown,
and Col0- Austin a Committee to join a Committee of Couneil to take
under Consideration the sixth article in the arangement which is to
make more ample provision tor the support of the Supreme Court,
Resolved that Mr- Porter join said Committee for said purpose.
A petition signed Samuel Avery praying for Lands &c. having been
read in General Assembly & refered to a Committee to join a Committee
of the Council — Resolved that Mesrs- Walbridge & Bayley join said
Committee.
A petition Signed John Scott proposing the Establishment of Manua-
factories in this State having been read in General Assembly, and
Mesrs- Dean, Williams, Painter, Wood worth, Wood, Burton & Leaven-
worth appointed a Committee to join a Committee of the Council to take
the same under Consideration, Resolved that Mr Hunt & Mr Olcott
join said Committee for the purposes mentioned.
Adjourned to 2 °Clock P. M.
Met according to Adjournment,
His Excellency Moses Robinson Esquire Governor Having Arrived
and being introduced to the Council Proceeded to the House of Assem-
bly, and after having Made a Speach to both Houses informed them that
he accepted the office of Governor of this State for the year Ensuing and
was ready to be qualified, which was accordingly done by the L* Gov1-
after which His Excellency & Council returned to the Council Chamber.
Adjourned to 8 °Clock Tomorrow Morning.1
Wednesday, 14 October 1789.
Met according to adjournment.
Present His Excellency Moses Robinson Esq1"- Govr- and the following
Members of the Honorable Council viz1- Honble Jacob Bayley Peter Ol-
cott John Fassett Thomas Porter Samuel Safford John Strong Ebenezer
Walbridge Jonathan Hunt Isaac Tichenor Esqrs- Joseph Fay /Secy-
Samuel Fletcher Sheriff.
The Governor <fc Council joined the House in Grand Committee for
the purpose of appointing County officers & Judges of the Supreme
Court, after which they returned to the Council Chamber, having ad-
journed the Grand Committee until 2 "Clock P. M.
Adjourned to 2 °Clock P. M.
Met according to adjournment & proceeded to the House, to join in
Grand Committee for the appointment of Judges of the Supreme Court.
The ballots being taken, the Honble Nathaniel Chipman Esquire was de-
1 From the Assembly Journal, Oct, 13 1789 :
Resolved, That a Committee, consisting of two Members from each
county, be appointed to escort the Governor into town. — Members
chosen— Mr. Brownson, Mr. Ormsby, Mr. Marvin, Mr. E. Smith, Mr.
Thompson, Mr. Painter, Mr. I. Allen, Mr. N. Smith, Mr. Knoulton, Mr.
L. Hall, Mr. Parkhurst. Mr. B. Brown, Mr. Paine, and Mr. Morey.
It therefore seems that Gov. Robinson reached Westminster on the 13th
and immediately assumed the duties of his office. The Assembly jour-
nal does not notice his introduction to the office, aud neither of the Ver-
mont newspapers of that day printed the speech delivered by the
governor on that occasion.
190 Governor and Council — October 1789.
clared to be duly choosen chief Judge & Noah Smith and Samuel Knight
Esquires was declared to be duly chosen assistant or side Judges, after
which the Committee dissolved.
On a bill from the House for appointing an Attorney General &c. M>
Tichenor was appointed to return the said bill to the House for explana-
tion.1
On a bill from the House appointing Mesrs- Israel Smith, Marvin,
Painter, Noah Smith, Freeman, Benton, and Morey, a Committee to join
a Committee from the Council to Take under their consideration the
second article in the bill of Arangement of business, to determine what
Alterations are Necessary to be made in the Statute Laws of this State,
Resolved that Mr Tichenor join said Committee for the purpose afore-
said.
An Act to prolong the time for receiving into the Treasury the public
securities of this State until the first day of July next, haviug passed
the Gen1 Assembly was read & Concurred.
On the. petition of Benajah Childs, having been read in General As-
sembly, and Mesrs- Converse, Marvin, & Parkhurst, appointed to join a
Committee from Council, Resolved that Mr Bayley join said Committee
for the purpose therein Mentioned.
Adjourned to 8 °Clock Tomorrow Morning.
Thursday 15 October 1789.
Met according to adjournment.
Present His Excellency Moses Robinson Esqr- Govr- and the follow-
ing Members of the Honble Council viz*- Honble Jacob Bayley Peter 01-
cott John Fassett Thomas Porter Samuel SafTord John Strong Ebenezer
Walbridge Jonathan Hunt Isaac Tichenor Esquires. Joseph Fay Setf-
Samuel Fletcher Sheriff.
The Governor and Council joined the [Assembly] in Grand Commit-
tee, to take under consideration the Erecting of a College within this
State, after which they dissolved and returned to the Council Chamber.2
Adjourned to 2 °Clock P. M.
1 This bill seems to have been passed by the House for the purpose
of collecting fines and forfeitures due to the State.
2 At this meeting, Ira Allen presented a memorial for a college at
Burlington, with subscriptions therefor amounting to five thousand six
hundred and forty-three pounds and twelve shillings. The Grand Com-
mittee recommended the appointment of a committee to draw up a plan
for a constitution and government of a college; and that a location be
fixed during the session. The action of the Assembly on the same day
was as follows:
From the Assembly Journal, Oct 15 1789:
Resolved To take under consideration the first article recommended
by the Grand Committee.
Resolved to appoint a Committee, consisting of two members from
each County to nominate a Committee for drafting a Constitution for a
College.— Members chosen— Mr. I. Smith [Israel of Rupert,] Mr.
Speaker [Gideon Olin, of Shaftsbury,] Mr. Marvin, [Ebenezer of Tin-
mouth] Mr. Williams [Samuel, of Rutland, afterward Councillor, not
the Rev. Dr. Samuel,] Mr. Everest, [Zadock, of Addison,] Mr. Chipman,
Governor and Council — October 1789. 191
Met according to Adjournment.
His Excellency Governor Chittenden presented a Resolve of the
House Stating his Salary the last year, being one hundred pounds, re-
questing an order on the Treasurer which was Accordingly Granted,
and an order drawn on the Treasurer for the said sum of one hundred
pounds lawful Money signed by the Secy- by order of Council.
£100. Joseph Fay Secy-
Adjourned to 8 °Clock Tomorrow Morning.
Friday October 16 1789.
Met according to adjournment.
Present His Excellency Moses Robinson Esq1'- Govr- His Honor Jo-
seph Marsh Esquire I> Governor — and the following Members of the
Honble Council viz1- Jacob Bay ley Peter Olcott John Fassett Thomas
Porter Samuel Safford John Strong Ebenezer Walbridge Jonathan
Hunt Isaac Tichenor Esqrs- Joseph Fay Setf- Samuel Fletcher, Sheriff.
A petition from the proprietors of Westfield praying for a Grant of
Land, having been read in General Assembly, and a Committee ap-
pointed thereon to join a Committee of Council, Resolved that Mr- Bay-
ley join sd- Committee. Doctor Marvin's petition is also refered to the
Consideration of the said Committee.
On a bill from the House appointing Mesrs- Nathaniel Chipman, Israel
Smith, Elijah Paine, Samuel Hitchcock, & Stephen Jacob, to determine
on a plan of Government to be established for Regulating of a College
within this State, Resolved that Mr Tichenor join said Committee for
said purpose.
A petition signed Asaph Fletcher, Salmon Dutton, and others, pray-
ing for a Lottery to repair roads &c, having been read in the Assembly,
& Mesrs Williams, Converse, & Jackson, aopointed a Committee to join
[Samuel, of Vergennes,] Mr. Hitchcock, [Judge Samuel, of Burlington,]
Mr. Allen, [Ira, of Colchester,] Mr. Knoulton, [Judge Luke, of "New-
fane,] Mr. Knights, [Judge Samuel Knight, of Brattleborough,] Mr.
Burton, [Elisha, of Norwich,] Mr. Parkhurst, [Col. Calvin, of lioyalton,]
Mr. Paine, [Judge Elijah, of Williamstown,] and Mr. Johnson, [Col.
Thomas, of Newbury.]
The House proceeded to take the second article under consideration;
and after long debate,
Resolved, That a Committee be appointed to receive absolute dona-
tions and particular subscriptions for a College; and make report to the
next session of the Legislature.
Resolved, That the Committee appointed to nominate a Committee
for drafting a Constitution for a College, nominate a Committee to re-
ceive donations and particular subscriptions for a College.
The Committee appointed to nominate a Committee to draft a Consti-
tution for a College, report that Nathaniel Chipman, Israel Smith, Elijah
Paine, Samuel Hitchcock, and Stephen Jacob, Esquires, be a Committee,
to join a Committee from the Council, for the above purpose. [Mr.
Tichenor was joined from the Council.]
Which report was read, and accepted.
The Committee appointed to nominate a Committee to receive abso-
lute donations and particular subscriptions for the use of a College, re-
port, that Gideon Olin, Samuel Williams, Gamaliel Painter, Ira Allen,
Luke Knoulton, Calvin Parkhurst, and Elijah Paine, Esquires, be a
Committee for the above purpose.
192 Governor and Council — October 1789.
a Committee of Council, Resolved that Mr- Walbridge join said Com-
mittee.
A petition from the Proprietors of Marshfield praying for redress rela-
tive to the expence of running the Town lines, having been read in Gen-
eral Assembly & Mesrs- Cutler, Paine, Johnson, & Hunt appointed a
Committee to join a Committee of Council, Resolved that Mr- Bayley
join said Committee.
An Act Granting Liberty to the Select Men of Dorset to sell part of
the real Estate belonging to William Lammon, having passed the Gen-
eral Assembly was read & Concurred.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
A verbal Message was rec(L from the House by Mr Hitchcock, request-
ing His Excellency and Council to join the House in Grand Committee,
to take under consideration the expediency of appointing Commissioners
to treat with Commissioners from the State of New York. [The Coun-
cil joined accordingly.] The [Grand] Committee having debated some-
time on the Subject Adjourned to 8 °Clock tomorrow Morning, after
which the Governor and Council returned to the Council Chamber.
The petition of Henry Moor and John Taplin having been read in
General Assembly, and Mesrs- Shumway, Johnson, Loomis, and Williams
appointed to join a Committee of Council, Resolved that Mr Strong join
said Committee.
Adjourned to 8 °Clock Tomorrow Morning.
Saturday October 17 1789.
Met according to Adjournment.
Present His Excellency Moses Robinson Esqr- Govr- His Honor
Joseph Marsh Esqr- L* Governor and the following Members of the
Honorable Council viz1- Honble Jacob Bayley Peter Olcott John Fassett
Thomas Porter Samuel SafFord John Strong Ebenr- Walbridge Jonathan
Hunt Isaac Tiehenor Esq15- Joseph Fay Secy- Samuel Fletcher Sheriff.
Agreeable to the order of the day the Governor and Council joined
the House in Grand Committee, to consult further on the propriety of
passing an Act authorizing Commissioners to treat with New York,
after which they returned to the Council Chamber.
The Council proceeded to appoint two Members of Council to nil the
vacancies of Samuel Fletcher & Thomas Murdock Esquires who have
resigned their office as Members of Council. The Ballots being taken,
the Honble Nathaniel Niles & Luke Knoulton Esquires were declared
to be duly chosen.
A Resolution of the House appointing Thursday the 26 day of No-
vember Next to be observed as a day of thanksgiving & praise ihrough-
out this State, and requesting His Excellency to Issue his proclamation
for that purpose, whereupon the Governor and Council agreed on the
form made by Mr- Tiehenor & Sec?- Fay who were appointed for that
purpose.
On the application of Col0- William Barton, Resolved that the Secre-
tary of Council be and he is hereby directed to make out the charter of
the Township of Barton, & that he enter the Name3 agreeable to the
form of the Charter of Lyndon entitling such proprietors as shall be so
inserted to so many seventieth parts as shall be annexed to their names.
Adjourned to 9 °Clock Monday next.
Governor and Council — October 1789. 193
Monday 19 October 1789.
Met according to Adjournment.
Present His Excellency Moses Eobinson Esqr- Govr- His Honor Jo-
seph Marsh Esquire L4 Governor and the following Members of the
Honb,e CoudcH viz*- Honble Jacob Bayley Peter Olcott John Fassett
Thomas Porter Samuel Safford John Strong Ebenezer Walbridge
Jonathan Hunt Isaac Tichenor Esqrs- Joseph Fay 8e&- Samuel
Fletcher Sheriff.
Agreeable to the o~der of the day the Governor & Council joined the
House in Grand Committee to consult further on the passing an Act
authorizing Commissioners to Treat with New York. After passing
several resolutions thereon the Governor & Council returned to the
Council Chamber. '
On the application of Brigadier General [Israel] Morey, the Council
took under their Consideration the application of Augustus Horatia Bur-
goyne for a Commission as a Captain agreeable to his Election. The
question being put wheather the Governor & Council will suspend the
' Granting Commissions in any case whatever, the vote being called for
passed in the affirmative.
Resolved to suspend the Granting a Captains Commission to said
Burgoyne and that the said Company be ordered to another choice.2
Resolved that the Captain General have power & he is hereby re-
quested to Issue Commissions to all Military officers Legally appointed
& returned, unless sufficient aligations are Aledged whereon the advice
of Council appears to be Necessary, and also to Issue Charters of In-
corporation.
An act enabling Mary and Stephen Lawrence administrators on the
Estate of Stephen Lawrrence Decd- to convey certain Lands Mentioned
therein by Deed having passed the General Assembly was read & Con-
curred.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
Having read sundry Acts which was ordered to lie on the Table for a
second reading, and having recd- a Message from the House to join in
Grand Committee on the subject of the General Survey, and on the re-
port of the joint Committee on the petition of the proprietors of Marsh-
field, the Governor and Council joined accordingly.3 The Committee
1 The Assembly Journal records this meeting of the Grand Committee
as of Saturday the 17th, when the bill for the appointment of Commis-
sioners was agreed to.
2 In a letter to General Morey, printed in the Vermont Journal of Dec.
2 1789, the signature is "A. Burgoyne." It appears that Gen. Morey
had objected to Burgoyne's bad character. Burgoyne resented this
sharply, and stated that he had been re-elected captain of the company,
which was in Thetford.
3 The proprietors of Marshfield complained that they had been charged
altogether too much for the survey of the lines of the town; and on the
hearing it appeared not only that the complaint was well founded, but
that the injustice had been done by the Governor and Council in aver-
aging the bill of surveys among the towns without due regard to the cost
of the work for each. This inquiry resulted in the appointment of com-
missioners to settle and fully adjust the Surveyor General's accounts.
14
194 Governor and Council — October 1789.
not being able to compleat the business adjourned to 10 °Clock Tomor-
row. The Governor & Council returned to the Council Chamber, &
having no business sent from the House
Adjourned to 8 "Clock Tomorrow Morning.
Westminster 20 October 1789.
Met according to adjournment.
Present His Excellency Moses Robinson Esqr- Govr- His Honor
Joseph Marsh Esqr- I> Gov1-- and the following Members of the Honble
Council viz*- Honble Jacob Bayley Peter Olcott John Fassett Thomas
Porter Samuel Safford John Strong Ebenezer Walbridge Jonathan Hunt
Isaac Tichenor Esqrs- Joseph Fay Se&>- Elnathan Allen D. Sheriff.
Honble Luke Knoulton Esquire being duly qualified took his seat in
Council.
On the Motion of Mr- Tichenor, Leave was given to bring in a bill,
Enlarging Addison County. The same being read and passed in Coun-
cil, was ordered to be laid before the General Assembly, to be passed
into a Law of this State.
On Motion of His Honor the L* Governor for Leave of absence during
the present session, Resolved that his request be Granted and that Leave
be given him to return home.
On the motion of Mr Tichenor for Leave to bring in a bill directing
the payment of Fines and Penalties, in Lieu of a bill from the House
for appointing an Attorney General, whereupon an Act for that purpose
was read and passed in Council, and sent to the General Assembly to be
passed into a Law of this State.
The Governor and Council joined in Grand Committee agreeable to
the order of the day. Having dissolved, they returned to the Council
Chamber & proceeded to business.1
An Act suspending all suits against Benajah Childs having been
passed in General Assembly was read and Concurred.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
A petition from the proprietors of the Township of Derby, having
been read in General Assembly appointing a Committee to join a Com-
mittee of Council, Resolved that Mr- Walbridge join said Committee for
the purposes therein Mentioned.
An Act appointing Commissioners to treat with Commissioners from
the State of New York, was returned to the House with proposals of
Amendment.
Adjourned until Tomorrow 8 °Clock in the Morning.
Wednesday 21 October 1789.
Met according to adjournment.
Present His Excellency Moses Robinson Esqr- Govr- and the following
members of the Honble Council viz* Honble Jacob Bayley Peter Olcott
John Fassett Thomas Porter Samuel Safford John Strong Ebenezer
Walbridge Jonathan Hunt Isaac Tichenor Luke Knoulton Esqrs- Joseph
Fay Secv- Elnathan Allen D. Sheriff.
An Act Granting a new Tryal in a cause of Raymond against Moore,
having passed the General Assembly, was read and Concurred.
^The petition as to Marshtield was the business before the Grand
Committee. See note ■ on preceding page.
Governor and Council — October 1789. 195
The Petition of Jonathan Arnold Esquire, praying that the Charter
of Billy Mead [Sutton] Issue in the same form as the Charter of Lyndon,
being read, whereupon Resolved that the prayer thereof be granted,
and the Secretary of Council is hereby directed to Issue the said Charter
Accordingly.
An Act Taxing New Haven Gore two pence pr- acre, being read,
having passed the General Assembly was Concurred.
An Act Granting a Tax of two pence pr- acre on the Land in the
Township of Fairfax, Having passed the General Assembly was read in
Council, & returned to the House with proposals of Amendment viz*-
one penny half penny in Lieu of two pence.
An Act Granting a Tax of one penny pr- acre on the Land in the
Township of S*- Albans having passed the General Assembly was read
and Concurred.
An Act altering the name of Pocock to that of Bristol, having passed
the General Assembly was read and Concurred.
An Act Granting a Tax of one penny pr- acre on all the land in the
Township of Roxbury having passed the General Assembly was read
and Concurred.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
On the Motion of Mr- Safford, Resolved that Mr- Olcott have leave of
absence during the present Session agreeable to his request.
An Act Granting a Tax of one penny pr- acre on all the Land in the
Township of Orwell public rights excepted, having [passed] the Gen-
eral Assembly, was read & concurred.
An Act granting Leave to the Inhabitents of Pownal to raise a Com-
pany of Cavalry, having passed the General Assembly was read & Con-
curred.
Adjourned to 8 °Clock Tomorrow Morning.
Thursday 22d October 1789.
Met according to adjournment.
Present His Excellency Moses Robinson Esqr- Gov1"- and the follow-
ing Members of the Honble Council viz*- Honble Jacob Bayley John Fas-
sett Samuel Safford Thomas Porter John Strong Ebenezer Walbridge
Jonathan Hunt Isaac Tichenor & Luke Knoulton Esq1*8- Joseph Fay
Secy- Elnathan Allen B. Sheriff.
An Act suspending suits against Captain Titus Watson, having passed
the General Assembly, was read & returned to the House with proposals
of amendment.
The petition of Stilman Foot praying for a New tryal as mentioned
within, having been read in General Assembly, and a Committee ap-
pointed to join a Committee of Council, Resolved that Mr- Tichenor join
said Committee for the purposes Mentioned in said petition.
An Act Granting a Tax of one penny pr- acre on the Lands in the
Township of Ludlow having passed the General Assembly was read and
concurred.
An Act Granting a Tax of one penny pr acre on the lands in the Town-
ship of Brantree, having passed the General Assembly was read and
Concurred.
An Act Granting a Tax of 2d- pr- acre on the lands in the Township of
Wolcott having passed the General Assembly was read and concurred.
An Act altering the times for Holding County Courts in the Counties
of Bennington and Chittenden, having passed the General Assembly
was read & Concurred.
196 Governor and Council — October 1789.
An Act empowering Sheriffs & Constables to Commit persons to Goal
out of their Counties, having been read and passed in Council, was sent
to the General Assembly to be passed into a Law of this State.
An Act Stating the fees of the Supreme and County Courts in this
State having passed the General Assembly, was returned to the House
with proposals of amendment.
Adjourned to 8 °Clock Tomorrow Morning.
Friday Westminster 23d- Octr- 1789.
Met according to adjournment.
Present His Excellency Moses Eobinson Esqr- Gov1"- and the following
Members of the Honble Council viz1- Honble Jacob Bayley Samuel SarTord
John Fassett Thomas Porter John Strong Ebenezer Walbridge Jonathan
Hunt Isaac Tichenor & Luke Knoulton. Joseph Fay Secy- Samuel
Fletcher Sheriff.
An Act establishing a line for the time being between the Towns'of
Leicester and Salisbury having passed the General Assembly was read
and concurred.
An Act Granting a Tax of five pence on the pound payable in the
public securities of this State, to be paid into the Treasury in March
Next, having passed the General Assembly was read & Concurred.
An Act altering the time for the sitting of Windsor County Court to
the first Tuesday of November Next, having passed the General Assem-
bly was read & Concurred. 4
Adjourned to 2°Clock P. M.
Met according to adjournment.
On the application of Lot Hall Esquire, in behalf of L* Moses John-
son, requesting a Charter of a Certain Gore of Land Granted unto L*
Moses Johnson & Company west of Jamaca in this State, Resolved that
said request be granted and the Secretary of Council is directed to make
out a Charter Accordingly.
The Honorable Samuel Mattocks Esquire as princeple, and the Honble
John Strong, and Jonathan Spafford Esquires, as sureties, appearing
before the Governor & Council Acknowledge themselves jointly &
severally recognized and firmly bound unto the Secretary of this State,
in the sum of Ten thousand pounds Lawful Money, and that for the
faithfull payment of the said sum, they and their heirs are jointly and
severally firmly bound, Conditioned in the following manner viz1- that
if the above bound Samuel Mattocks shall faithfully execute and discharge
the duty of Treasurer for the State of Vermont for the year ensuing, so
that no damage be sustained to the public, or any individual in his said
office of Treasurer, that then this Obligation be void and of no effect, or
otherwise to remain in full force and effect in Law.
£10,000. Attest, Joseph Fay Secy-
An Act regulating the fees of the Supreme and County Courts, having
[passed] the General Assembly, was read and returned with proposals
of amendment.
An Act repealling certain clauses in an Act entitled an Act for the
Establishment of Town lines, having passed the Council was sent to the
General Assembly to be passed into a Law of this State.
On a bill from the House appointing a Committee to join a Committee
of Council to point out and define the powers of the Commissioners to
be appointed to Settle with the Late & present Surveyor Generals of
this State, Resolved that Mr Tichenor join said Committee for said
purpose.
Grovernor and Council — October 1789. 197
An act directing Listers in their office and duty, having passed the
General Assembly was read and Concurred.
An Act directing the Mode for Filling Vacancies was read, having
passed the General Assembly was returned with proposals of Amendment.
An Act Granting leave to Samuel Hunt and Benjamin West Executors
on the Estate of John Church Decd- to Sell the real property of said
Church, having passed the General Assembly was read and Concurred.
On Motion of Mr- Walbridge for Leave of Absence during the present
session, Leave was given Accordingly.
Adjourned to 8 °Clock Tomorrow Morning.-*
Saturday 24 October 1789.
Met according to adjournment.
Present His Excellency Moses Robinson Esqr- Gov1-- and the following
Members of the Honblc Council viz1- Honbl° Jacob Bayley Samuel Sattbrd
John Strong Jonathan Hunt Isaac Tichenor John Fassett Thomas
Porter Luke Knoulton Esquires. Joseph Fay Secy- Samuel Fletcher
Esqr- Sheriff.
An Act Staying an Execution against JEphraim Stevens having passed
the General Assembly was read & Concurred.
An Act adding Aaron Robinson to the Committee of Hard wick Land
Tax, having passed the General Assembly was read and concurred.
An Act Granting a Tax of one penny pr- acre on the Lands in Guild-
hall having passed the General Assembly was read & Concurred.
An Act Granting a Tax of 2d- p1'- acre on the Lands in the Township
of Fletcher, having passed the General Assembly was read and Concurred.
An Act Granting a Land Tax of one penny pr- acre on the Township
of Wildersburgh [Barre] having passed the General Assembly was read
& Concurred.
A Message from the House requesting the Governor and Council to
join in Grand Committee to take under Consideration the General
Survey Act, the Governor & Council joined accordingly.
A bill from the House appointing a Committee to join a Committee
of Council to examine the Accts- for running Town lines, and to prepare
a bill repealling such parts of said Act as shall be found unconstitutional
— Resolved that Mr- Strong & Mr- Bayley join said Committee for said
purpose.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
An Act Granting a Tax of one penny pr- acre on the Lands in Georgia
having passed the General Assembly was read and Concurred.
1 From the Assembly Journal, Oct. 23 1789 :
Resolved, That this House allow his Excellency the Governor, as a
salary for the ensuing year, one hundred and fifty pounds ; and he is
hereby empowered to draw on the Treasurer, who is directed to pay
the same.
Resolved, That his Honor Thomas Chittenden, be allowed fifty
pounds for past services, in addition to his last year's salary; which he is
hereby empowered to draw from the treasury of this State.
Resolved, That the Treasurer of this State be allowed for the year
past, one hundred and twenty pounds ; which he is hereby empowered
to draw out of the treasury of this^State,
198 Governor and Council — October 1789.
An Act Granting fifty two Thousand acres of Land to Samuel Avery
Esqr- having passed the General Assembly, was read and concurred,
reserving as an Amendment, that the Grants of two Townships, one to
Governor Marsh and one to Mr Randal & Company l be first Located
and all other Grants yet unlocated, provided said Locations shall be
made and returnes thereof to the Governor and Council by the 15 day
June Next— said Avery to have a Gore of Land east of Starksborough
which he has liberty to pitch immeadeately.
An Act directing the mode ft>£ prosecuting Sheriffs Bondmen having
passed the General Assembly was read & concurred.
An Act empowering the Selectmen of the respective towns within this
State to take care of the Glebe Lands, having passed the General
Assembly was read and concurred.
An Act Granting Leave to make a Lottery for the purpose of Erecting
a Brewery in Weathersfield, was read & Concurred.
An Act in addition to an Act Granting a Land Tax in the Townships
of Colchester & Burlington, having passed the General Assembly was
read and Concurred.
An Act for raising one hundred and fifty pounds by Lottery Granted
to Daniel Heald of Chester for the purpose of repairing roads &c, hav-
ing passed the General Assembly was read & Concurred.
An Act Granting a Tax of two pence pr- acre on the Lands in Bradford
having passed the General Assembly was read & Concurred with the
amendment of proposing one penny in the lieu of two pence.
Adjourned to 8 °Clock Monday Next.
Monday Westminster 26 October 1789.
Met according to Adjournment.
Present His Excellency Moses Robinson Esqr- Gov1"- and the follow-
ing Members of the Hon1,lc Council viz4- Honble Jacob Bayley Samuel
Saftord John Fassett Thomas Porter John Strong Jonathan Hunt Isaac
Tichenor & Luke Knoulton Esqrs- Joseph Fay Sec*- Samuel Fletcher
Sheriff.
An Act Granting a Tax of one penny pr- acre on the Lands in Go-
shen, having passed the General Assembly was read and Concurred with
this Amendment, that said Tax shall not be Collectable until the Char-
ter of said Township shall be Issued.
An Act Granting a Tax of one penny half penny pr- acre on all the
Land in the Townships of Minehead [Bloomfield] and Lunenburgh
[Brunswick] having passed the General Assembly was read & Con-
curred.2
An Act Granting a Tax of two pence on the acre on all the Lands in
the Township of Lunenburgh, having passed the General Assembly,
was read and Concurred.
On a bill from the House appointing a Committee, to join a Commit-
tee of Council, to enquire into the princeples on which the Charter of
Salem was Granted, Resolved that Mr- SafFord & Mr- Bayley join said
Committee.
1 For the benefit of those in New York who favored the Western
Union.
2 The Assembly Journal shows that the tax was on Brunswick instead
of "Lunenburgh." The next act taxed Lunenburgh.
Governor and Council — October 1789. 199
An Act Granting a Tax of one penny on the acre on all the Lands in
Philadelphia, [Chittenden, in part,] having passed the General Assem-
bly was read and concurred.
An Act Granting a Tax of one halfpenny on the acre on the lands in
Woodstock sent back with proposals of amendment viz4- that the tax be
raised on the polls & ratable Estate.
An Act Granting a Tax of one penny on the aci*e on all the Land in
the Township of Marshfield having passed the General Assembly was
read & concurred, with the amendment, that said Tax shall not be Col-
lected until the Charter of said Township Issue.
An Act Granting a Tax of two pence pr- acre on the Lands in Panton
having passed the General Assembly was read and concurred with the
amendment that the Tax be raised on the polls and ratable Estate in
said Town.
An Act Granting a Tax of one penny pr- acre on the land in Killing-
ton [Sherburne] read & Concurred.
An Act Granting a Tax of one penny pr- acre on the lands in the
Township of Washington, having passed the General Assembly was
read & Concurred.
An Act defining the powers of Justices of the Peace, having passed
the General Assembly, was read and returned to the House with propo-
sals of Amendment, by Mr- Tichenor who was requested to assign the
reasons, to the House.
An Act appointing an Attorney General having passed the General
Assembly was read & Non Concurred.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
An Act directing proprietors Clerks to Diliver over their Records was
read & passed in Council & ordered to be laid before the General As-
sembly to be passed into a Law of this State — in Lieu of an Act of a
Simelar Nature which has passed the General Assembly & non Con-
curred by Council.
Adjourned to 8 "Clock Tomorrow.
Tuesday 27th October 1789.
Met according to Adjournment.
Present His Excellency Moses Robinson Esq1"- Govr- and the follow-
ing Members of the Hon,,le Council viz*- Honblc Jacob Bayley Samuel
Safford Thomas Porter John Fassett John Strong Jonathan Hunt Luke
Knoulton & Isaac Tichenor Esqrs- Joseph Fay Secy- Samuel Fletcher
Sheriff.
On a Message from the House requesting the Governor and Council
to join the House in Grand Committee to consult the propriety of choos-
ing Agents to Congress.- The Committee having met, they Resolved to
appoint three Agents. The Ballots being taken, the Honble Isaac Tiche-
nor Esqr- Stephen R. Bradley & Elijah Paine Esqrs- were declared to be
duly chosen.
The Ballots being required for the appointment of a Surveyor Gen-
eral for the year Ensuing, James Whitelaw Esquire was declared to be
duly Elected.
An Act to repeal certain parts of an act entitled an Act for establish-
ing Post offices within this State, having passed the General Assembly,
was returned to the House with the following proposal of amendment
viz4- that no allowance be given to the post riding from Bennington to
Albany.
Adjourned to 2 "Clock P. M.
200 Governor and Council — October 1789.
Met according to adjournment.
An Act in addition to an Act entitled an Act regulating Attorney8 &
pleading at the Bar, was read & passed the Council, and sent to the
General Assembly to be passed into a Law of this State.
A simelar act to the above regulating Attorney8 &c. having passed
the General Assembly was read and Non concurred.
An Act directing fhe Surveyor General in his office and duty having
Passed the General Assembly was read & concurred, with this addition
as an Amendment viz4- that returns of Survey8 be made to the Governor
and Council & General Assembly.
Adjourned to 8 °Cloek Tomorrow.
Wednesday 28 October 1789.
Met according to adjournment.
Present His Excellency Moses Robinson Esqr- Govr- and the follow-
ing Members of the Honble Council viz1- Honblc Jacob Bayley John Fas-
sett Samuel Saffbrd Thomas Porter John Strong Jonathan Hunt Isaac
Tichenor Luke Knoulton. Joseph Fay Secy- Samuel Fletcher Sheriff.
The Governor and Council joined the General Assembly in Grand
Committee to take under Consideration the act delining the Powers of
Justices of the Peace. Having gone through with the business of the
Committee the Council returned to the Council Chamber and having
read the act a third time and it having passed the General Assembly it
was approved & Concurred.
On the Motion of M1'- Tichenor requesting that a Charter Issue to the
Stockbridge Tribe of Indians according to the Grant for a Township of
Land in this State by the name of Marshfield, Resolved that the Secre-
tary of Council be directed to Issue said Charter agreeable to the Grant
as soon as the Governor shall be Satisfied that Certain disputes between
Colonel Isaac Marsh & others claiming to be owners shall be equitably
settled, or otherwise to remain until the further order of this Council.
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
An Act in addition to an Act in Explanation of an Act relating to
Issuing Charters of Incorporation having passed the General Assembly
was read & Concurred.
An Act confirming the last will and Testiment of Ichabod Ide of West-
minster, having passed the General Assembly was read & Concurred.
An Act granting a Tax of two pence on Each acre of Land in the
Township of Johnson, having passed the General Assembly was read
and concurred, with this amendment viz1- that the Tax be only one
penny in Lieu of two pence.
An Act for appointing an Attorney General -having passed the Gen-
eral Assembly was read and non Concurred in Council, sent to the
House & by them passed into a Law of the State. The Council there-
fore suspend the Execution of said Law until the next Session of the
Legislature.
An act directing the mode of filling vacancies, having passed the Gen-
eral Assembly & the Council having proposed amendments not agreed
to by the House and the Same being passed into a Law, the Council
therefore Resolved to Suspend the Execution thereof until the Next
Session of Assembly.
An Act appointing Commissioners to Settel the accounts of Ira Allen
Esquire Late Surveyor General, & James Whitelaw Esquire the present
Surveyor General, having passed the General Assembly was read and
Governor and Council — October 1789. 201
concurred with this amendment, that Jacob Bayley be added to the Com-
mittee.
An act directing the payment of Intrest on Money due to the Treas-
urer of this State, having passed the General Assembly was read & Con-
curred: & returned to the House with amendments which were agreed to.
An Act repealing certain clauses in the listers act, having passed the
General Assembly was read & Concurred.
An Act repealling certain clauses of an Act allowing wages to post
riders, having passed the General Assembly, into a Law, Resolved that
the Execution thereof be suspended until the Next Session of Assembly.
An Act Altering the place for holding the County and Supreme Courts
in the County of Chittenden having passed the Legislature was read &
Concurred.
Adjourned to 8 °Clock Tomorrow Morning.
Thursday 29th- October 1789.
Met according to Adjournment.
Present His Excellency Moses Robinson Esq1"- Govr- and the following
Members of the Honble Council viz*- Honblc Jacob Bayley John Fassett
Jonathan Hunt Isaac Tichenor Luke Knoulton Thomas Porter Samuel
Saftbrd John Strong.' Joseph Fay SecP- Samuel Fletcher Sheriff.
Resolved that the Honblc General Saflbrd be & he is hereby appointed
to receive the Debenter of Council from the Treasurer the Present
Session.
An Act for altering the places for holding the Supreme & County
Courts in the County of Chittenden having passed the General Assem-
bly was read & Concurred, with this alteration viz1- that Burlington be
erased and Jerico Inserted in the Lieu thereof.
An Act confirming the Grants of Lands made by this State, having
passed the Council was sent to the General Assembly to be passed into
a Law of this State.
On the request of Noah Smith Esquire that a Charter Issue for the
Township of Johnson, Resolved that the Sec?- of Council be directed to
Issue said Charter to the same proprietors as are in the former Charter
Issued by the General Assembly and Signed by the Governor.1
1 This shows that a charter had been previously made out and execu-
ted, but had not been issued; nevertheless Johnson was represented in
the Assembly.
From the Assembly Journal, Oct. 29 1789:
Resolved, That this House concur with the Governor and Council in
the Address to the President of the United States — and that the Speaker
sign the same in behalf of this House.
It is remarkable that the record of the Governor and Council contains
no notice of the adoption of this address. The address was not pub-
lished in either of the Vermont newspapers, nor is any notice of it to be
found in the Writings of Washington published by Jared Sparks, though
two later addresses are noticed. The probability is, either that the ad-
dress was never received by Washington; or, if received, that he de-
clined an answer for the reason that, as the controversy with New York
was at that time undecided, it would be improper for him to recognize
Vermont in any form whatever. The same delicacy at an earlier date
prevented him from addressing Gov. Chittenden by his official title.
202 Governor and Council — October 1789.
A D kb enter of Council at their Session Holden at Westminster
Commencing October 8, 1789, and Ending Oetober 29, 1789.
Joseph Marsh £9 15 0, Peter Olcott 6 19 4, Jacob Bayley 9 3 2, Samuel
Safford 8 14 0, Thomas Porter 8 14 0, John Fassett 10 4 0, John Strong
9 10 8, Ebenezer Walbridge 6 12 0, Jonathan Hunt 8 2 0, Isaac Tichenor
8 14 0, Luke Knoulton 3 10 0, Joseph Fay Sec^- 10 18 0, Samuel Fletcher
7 0 4— [Total,] £107 16 6.
Treasurers office Westminster October 29th- 1789.
This may certify that Mr* Samuel Avery has paid into the Treasury
Twelve pounds in hard money orders as Granting fees for Land Granted
to said Avery the present Session of the Legislature Lying between
Fayston & Lands Granted to Elias Buel the same being receipted to
said Avery. £12. S. Mattocks 'Treasurer.
True Copy, Joseph Fay Secy-
The End of October Session 1789. Holden at Westminster State
of Vermont.
Attest, Joseph Fay, Se&- l
Report of Commissioners to Adjust Surveyor General's
Accounts.
The following is a Copy of the Report of the Commissioners appointed
by the Legislature of this State at their Session at Westminster in Oc-
tober 1789 viz*-
To His Excellency the Governor [and"] the Honorable the Council of the
State of Vermont, —
The Subscribers Commissioners appointed by an Act entitled an Act
appointing Commissioners for the purpose of settling and adjusting the
accounts of Ira Allen Esquire late Surveyor General, and of James
Whitelaw Esquire the present Surveyor General, against this State, beg
Leave to report to your honors, that the following Towns, and Gores,
ought to be Assessed the several sums Annexed to Each respectively,
and agreeable to the aforementioned Act do Assess, to each town and
grant or Gore the sum to each respectively Annexed for the purpose of
paying the Surveyor General and other incidental charges for running
the outlines of Each Town respectively — viz*-
Cornwall £23 3 8, Waybridge 7 14 6, Hancock 23 3 S5 Lunenburgh
23 3 8, Guildhall 23 3 8, Maidstone 23 3 8, Brunswick 23 3 8, Minehead
[Bloomfield] 23 3 8, Lewis 23 3 8, Sheffield 20 6 3, Ferdinand 20 6 3,
Wenlock [annexed to Brighton and Ferdinand] 20 6 3, Random [Brigh-
1 From the Assembly Journal, Oct. 29 1789:
His Excellency and Council having joined the Assembly, his Excel-
lency returned his thanks to the gentlemen, for their attention to the
public business; and enjoined on them a strict observance and attention
to the laws of the State; that by their respectable examples, others
might be induced to a similar line of conduct — when Mr. Stone made a
prayer suited to the occasion.
Resolved, That all matters pending before this Assembly be, and the
same hereby are referred to the next stated session of this Legislature —
and that this Assembly be, and the same hereby is adjourned without
day. Attest, Lewis R. Morris, Clerk.
Governor and Council — June 1790. 203
ton] 20 6 3, Navy [Charlestown] 20 6 3, Salem 20 6 3, Caldefsburgh
[Morgan] 20 6 3, Wid°- Warner's Grant, 2,000 acres, [Warner's Gore,]
1 10 0, Brownington 20 6 3, Glover 20 6 3, Barton 20 6 3, Coventry 20 6 3,
Irasburgh 20 6 3, Lutterloh [Albany] 20 6 3, Smith field [part of Fair-
field] 20 6 3, Hungerford [Sheldon] 20 G 3, Enosburgh 20 0 3, Knoultons
Grant, 20,000 acres, [Bakersfield,] 10 3 1, Whitlows [Whitelaw's] Grant
21 15 1, Kelley* Grant 3 Townships x 00 18 0, Montgomery 20 0 3, Rich-
1'ord 20 6 3, Carthage [Jay] 20 G 3, Westfield 20 G 3, Duncansborogh
[Newport] 20 6 3, Hopkins Grant 2 5 0 0. The whole amount of said as-
sessment being <£719 8 7.
Rutland February 6th 1790. Samuel Safford )
Gideon Olin V- Commissioners.
RosL Hopkins )
Copy Exarnd Jos. Fay Secv-
RECORD OF THE GOVERNOR AND COUNCIL
AT A
SPECIAL MEETING AT BENNINGTON, JUNE 9 & 10, 1790.
Bennington June 9th 1790.
At a Meeting of the Governor and Council by special order of His
Excellency for the purpose of receiving the returnes of the Commission-
ers appointed to settle the accounts of Ira Allen Esq1"- Late Surveyor
General, & James Whitelaw Esqr- present Surveyor General, Holden at
the Govnrs- House in Bennington the 9th- June 1790,
Present His Excellency Moses Robinson Esquire Governor, The
Honblc Samuel Safford Ebenezer Walbridge. Joseph Fay Secy- There
not being a quorum Adjourned to 9 °Clock Tomorrow.
June 10 1790.
Council Met according to Adjournment.
Present His Excellency Moses Robinson Esq1" Governor, The Honble
Samuel Safford Tim0- Brownson Ebenezer Walbridge Jonathan Hunt
Isaac Tichenor & Luke Knoulton Esq1"8- Joseph Fay Secy-
His Excellency laid before the Council the return of the Commission-
ers aforesaid together with sundry other Matters of a public Nature.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
Resolved that the Sec^ be & he is hereby directed to receive and re-
cord the returnes of the Commissioners for settling the accounts of Ira
1 Supposed to be Lowell, Belvidere, and Troy — the latter having been
granted to John Kelly and Samuel Avery.
2 Chartered to Dr. Roswell Hopkins as Hopkinsville, and with the ad-
dition of 2527 acres from Burke is now the town of Kirby.
204 Governor and Council — June 1790.
Allen Esq1"- Late Surveyor General, in the journals of Council, and that
a Coppy thereof be Transmitted to the Treasurer as the Law directs,
together with the Names of the proprietors of the respective Towns as-
sessed by said Commissioners, Excepting the Grant of 09,000 acres
Granted to John Kelley, the Grant of 10,000 acres made to Luke Knoul-
ton Esq1'- the Township of Carthage [Jay,] which are to be omitted as
the Granting fees are Not paid to the State, the Grant of 2,000 acres
made to the Wid° & Heirs of Colonel Seth Warner Dd which cost the
State is to pay. Also Kesolved that the Collecting the Tax on Enos-
burgh be postponed until after the rising of the Assembly in October
Next, on ace*- that it appears to the Council that the proprietors have
paid for runing the out lines of said Township.
On application of the Inhabitants of Wilmington, Resolved that Isaac
Wheeler be & hereby is appointed a justice of the peace in & for the
County of Windham, in lieu of Jesse Cook Esq1'- Dd-
Adjourned without day. Jos. Fay Secy-
Dekenter of Council 10 June 1790.
Samuel Saftbrd .£0 14 4, Ebenezer Walbridge 0 14 8, Isaac Tichenor
0 14 4, Jonathan Hunt 15 8, Luke Knoulton 15 8, Tim0- Brownson 0 13
0, Joseph Fay SecP- 0 18 4,— [Total,] M 6 0.
True Debenter.
Attest Jos. Fay Secy-
This Certifies that the whole of the Granting fees for the Township
of Brownington as assessed by the Governor and Council, have been
recd- by the Land Committee.
Bennington 14 August 1790.
Attest Samuel Safford
Committee for receiving Granting fees.
Copy Examined & Recorded. Joseph Fay 8e&-
FOURTEENTH COUNCIL.
OCTOBER 1790 TO OCTOBER 1791.
Thomas Chittenden, Williston, Governor.
Peter Olcott, Norwich, Lieutenant Governor.
Councillors :
Timothy Brownson, Sunderland,
John Fassett, Jr., Cambridge,
Jacob Bayley, Newbury,
Thomas Porter, Tinmouth,
Samuel Safford, Bennington,
John Strong, Addison,
Jonathan Hunt, Vernon,
Eben'r Walbridge, Bennington,
Isaac Tichenor, Bennington,
Nathaniel Niles, Fairlee,
Luke Knoulton, Newfane,
Jona. Arnold, St. Johnsbury.
Joseph Fay, Bennington, Secretary.
Aug. 12 1790, Lieut. Gov. Marsh declined being a candidate for re-
election in the following letter, which is copied from the Vermont
Gazette of Aug. 30 1790:
To the Freemen of the State of Vermont.
Fellow citizens, —
Your confidence in my integrity and abilities has for several years
(since the independence of this state has been contended for by her
citizens) led you to give me your suffrages for the second office in the
supreme executive branch of the government. As I deemed it my
indispensable duty, so I have made it my highest ambition, in the execu-
tion of the business annexed by the constitution to this office, always to
adopt and appear in favor of those measures, which would conduce most
to the public weal, and in the most effectual way promote the interest
and welfare of this state.
During the two last years, several embarrassments have conspired to
make me decline accepting this appointment. Among these, the most
considerable have been, an indisposed state of health, usually attendant
on advanced age, and an ambition not to stand in the way of one whose
superior merit might better entitle him to the office. Want of seasona-
ble notice of my appointment at the election at Manchester, in 1788,
(for my health did not permit of my attending) prevented my mani-
206 Governor and Council — October 1790.
festing this disinclination at that time. I was likewise prevented mak-
ing a resignation at the last election at Westminster, by a suggestion of
my friends that this mode of declining further to serve you in this
station, would give the fairest opportunity to determine who should be
my successor, and perhaps be most satisfactory to my constituents.
From these considerations, fellow citizens, I am induced, in this manner,
to request you to turn your attention to some other candidate to fill the
post I have now the honor to sustain, and to refrain at the ensuing, or
any future election, from giving me your votes for lieutenant governor
of this state.
Permit me, fellow citizens, on this occasion, to tell you with what real
satisfaction I have received the repeated manifestations of your confi-
dence, exhibited towards me in thus calling me from my private station,
to share in the government of our free republic. Permit me likewise to
anticipate with you the happy day when the state of Vermont shall not
be the least pillar in support of that confederated government, which is
cemented by a constitution that does honor to mankind, and is a demon-
strative proof that the United States, in political genius, are not inferior
to the boasted courts of Europe. Joseph Marsh.
Hartford, 12th August, 1790.
There having been no election of lieutenant governor by the people,
Hon. Peter Olcott was elected in Grand Committee. — For biographi-
cal notice see Vol. I, p. 241. Mr. Olcott having been elected Councillor
by the people, the vacancy occasioned by his promotion was filled by the
appointment of Hon. Jonathan Arnold of St. Johnsbury. — For bio-
grapical notice see Vol. n, p. 51.
RECORD OF THE GOVERNOR AND COUNCIL
AT A
SESSION WITH THE GENERAL ASSEMBLY AT CASTLETON,
OCTOBER 1790.
Castleton, 14 October 1790.
At a General Election Holden at Castleton on the 14th day of October
1790 :
Present His Excellency Moses Robinson Esqr- Governor, and the
following Members of the Honorable Council viz*- Samuel Safibrd Jacob
Bayley Peter Olcott Thomas Porter Timothy Brownson Ebenezer Wal-
bridge. Joseph Fay Secv- Jonathan Bell Esq1-- Sheriff.
A bill from the House was recd- appointing a Committee of fourteen
to join a Committee from the Council to receive, sort and count the
votes of the Freemen for Governor, L*- Governor, Treasurer, and Twelve
Councillors, whereupon Resolved that Mesrs- Safford, Olcott, Bayley,
Walbridge, Porter & Brownson join said Committee.
The Committee reported the following Gentlemen to be duly Elected
viz* The Honble Thomas Chittenden Esquire Governor. No choice for
G-overnor and Council — October 1790. 207
I> Governor. The Honble Samuel Mattocks Esquire Treasurer. The
Honorable Samuel Safford Peter Olcott Jonathan Hunt Isaac Tichenor
Thomas Porter Jacob Bayley John Strong Ebenezer Walbridge John
Fassett Timothy Brownson Nathaniel Niles & Luke Knoulton Esquires
Councillors.1
Adjourned to 8 °Clock Tomorrow.
1 The Vermont Gazette of Oct. 18 1790 contained the following :
Extract of a letter from a gentleman
town [Bennington,] dated October 15.
The election closed last evening; his excellency Thomas Chittenden,
was found to be elected governor by a majority of near 1300 votes. Dr.
Arnold stands highest for lieutenant governor; the council the same as
last year. Governor Robinson bears the loss of his chief magistracy
with a fortitude which becomes the character of a philosopher and a
christian: he delivered a very judicious and pathetic speech to the troops,
enforcing the necessity of good order and discipline, and manifesting
his entire satisfaction with their conduct. The appearance of the troops,
and their military performance, equalled any thing which has ever been
exhibited in the state; and indeed would have done credit to any nation.
GENERAL ORDERS.
Headquarters, Castleton, October 14, 1790.
His excellency the commander in chief takes this method to inform
lieut. col. Lee, commanding officer, and the other officers and troops
reviewed by him on the day of election, that their uniform and martial
appearance merits his warmest approbation.
The artillery commanded by capt. Erwin, and the respective com-
panies of cavalry belonging to major Clark's squadron, commanded by
captains Clark, Hooker and Cobb; the light infantry companies com-
manded by captains Hooker, Chandler, Ramsdel, Johnson and Cleveland,
performed the different evolutions of the day with such propriety and
good order, as would have reflected honor on the best disciplined troops.
It is with the highest stisfaction that his excellency returns his grate-
ful acknowledgments for the polite attention shewn to him and the
officers present Joseph Fay, Adjutant General.
Rev. Matthias Cazier, of Castleton, preached the election sermon.
On the declaration of the election of state officers, Gov. Robinson ad-
dressed both houses as follows, as appears from the Vermont Gazette of
Oct. 25 1790:
His excellency Governor Robinson's speech on quitting the supreme magis-
tracy.—-[Oct. 14 1790.]
Gentlemen of the Council and house of representatives.
At the last annual election of the officers of this government, there
was no choice made by the freemeu of the supreme magistrate of the
state; it was therefore the duty of the council and house of representa-
tives, by their joint ballot, to elect some person to that office; it was the
pleasure of the two houses to honor me with the appointment, of which
I cheerfully accepted, and am conscious to myself that I have faithfully
discharged my duty in the execution of that trust.
It appears from the present election, that the freemen have given their
suffrages in favor of his excellency governor Chittenden. I heartily
acquiesce in the choice, and shall, with the greatest satisfaction, retire
208 Crovernor and Council — October 1790.
Friday 15th October 1790.
Met according to adjournment.
Present the Honble Samuel Safford Tim0- Brownson Peter Olcott
Thomas Porter Jacob Bayley Ebenezer Walbridge. Joseph Fay Secy-
Jonathan Bell Esqr- Sheriff.
A bill from the House was recd- requesting the Council to join in Grand
Committee for the purpose of Electing a L*- Governor. The Honble
Timothy Brownson in the Chair, Joseph Fay Clerk. The Ballots being
taken the Honble Peter Olcott was declared to be duly Elected.
Adjourned to 8 °Clock Tomorrow.
Saturday 16th- October 1790.
Met according to adjournment.
Present His honor Peter Olcott Esqr- L1 Govr- and the following Mem-
bers of the Honble Council viz*- Samuel Safford Timothy Brownson Jacob
Bayley Thomas Porter Ebenezer Walbridge. Joseph Fay Esqr- Secy-
Jonathan Bell Esqr- Sheriff.
to private life, where I expect to enjoy that peace which naturally re-
sults from a consciousness of having done my duty.
The freemen have an undoubted right, when they see it for the benefit
of the community, to call forth their citizens from behind the curtain of
private life, and make them their rulers, and for the same reason to dis-
miss them at pleasure and elect others in their place. This privilege
is essential to all free, and to republican governments. As a citizen I
trust I shall ever feel for the interest of the state: the confidence the
freemen have repeatedly placed in me ever since the first formation of
government, lays me under additional obligation to promote their true
interest.
Fellow citizens of the legislature, I wish you the benediction of heaven
in the prosecution of the important business of the present session; that
all your consultations may terminate for the glory of God and the in-
terest of <the citizens of this state, and that both those in public and
private life may so conduct, in the several spheres in which God in his
providence shall call them to act, as that, when death shall close the
scene of life, we may each of us have the satisfaction of a good con-
science and the approbation of our judge.
Answer of the house of representatives to governor Robinson's speech.
Although the suffrages of the freemen of Vermont have replaced his
excellency governor Chittenden in the chair of government, for the year
ensuing, yet their representatives in general assembly are happy in
having an opportunity of expressing their entire satisfaction with your
late administration; and beg you to accept their warmest thanks for the
services you have rendered them.
In republics like ours, every citizen has an equal right to be elected
into the first office of government: upon this principle, we flatter our-
selves you will feel no regret in retiring from office, and mixing with
your fellow citizens, till they shall again call you to public view.
In your retirement, we wish you the full enjoyment of all the happi-
ness and tranquility which result from domestic life, and a consciousness
of having discharged every duty both as a private citizen and a chief
magistrate with faithfulness and integrity.
1 have the honor to be, with great respect, your excellency's most
obedient humble servant,
(by order of the house) Gideon Olin, Speaker.
Governor and Council — October 1790. 209
A bill from the House was recd- appointing a Committee to join a Com-
mittee from the Council to make an arangement of the necessary busi-
ness of the present Session. Kesolved that M1'- Safford join said Com-
mittee.
A petition from Samuel Buck of Arlington Administrator on the Es-
tate of Lemuel Buck Decd- praying that an Act pass to Enable him to
Make & Execute Deeds of Certain Peices of Land mentioned in said
petition, having been read in General Assembly and a Committee ap-
pointed thereon to join a Committee of Council, also the following Pe-
titions is refered to the same Committee viz*- the petition of Benoni
Thayer Collector of Peacham, the petition of Asahel Spaulding Collector of
Sharon & David Curer [Currier] Collector for Varshire praying for relief
in Collecting the State land Tax, also a petition from a number of In-
habitents of New Huntington [Huntington] praying for a Land Tax.
Resolved that M1*- Walbridge join the above said Committee on the
whole of said petitions, and also to join the said Committee on the peti-
tion of the Constable of Guildhall, and the petition for a Land Tax in
Johnson and Topsham, and also to join the Committee on the petition
of Jesse Bogue [Frederick A. in the Assembly journal,] first Constable
of Chittenden & Timothy Hibberd of Bethel praying for relief &c.
Adjourned to 10 °Clock Monday Next.
Monday, October 18th 1790.
Met according to Adjournment.
Present his honor Peter Olcott Esquire L* Governor and the follow-
ing Members of the Honorable Council viz1- Samuel Safford Timothy
Brownson Jacob Bayley Ebenezer Walbridge. Joseph Fay Sec#-
Adjourned to 2 °Clock P. M.
Met according to Adjournment.
A petition Signed Alden Spooner Praying to be Continued Printer to
the State, having been read in General Assembly and a Committee con-
sisting of one member from Each County, appointed to join a Commit-
tee of Council thereon, Resolved that Mr- Bayley and M1- Brownson
join said Committee.
The following petitions being read viz'- The petitions of Moretown,
Duxbury, Calias [Calais,] Williamstown, Hinesburgh, and Tomblinson,
[Grafton,] having been read in General Assembly, & a Committee ap-
pointed thereon to join a Committee of Council, Resolved that M1-
Walbridge join said Committee.
Honblc Luke Knoulton Esqr- arived & being duly qualified Took his
seat in Council.
Adjourned to 8 °Clock Tomorrow.
Tuesday 19th October 1790.
Met according to adjournment.
Present His honor Peter Olcott Esquire L* Governor, and the follow-
ing Members of the Honorable Council viz4- Samuel Safford Timothy
Brownson Jacob Bayley Ebenezer Walbridge Thomas Porter Luke
Knoulton. Joseph Fay Secv- Jonathan Bell Esq1*- Sheriff.
A bill from the House was recd- appointing a Committee to join a
Committee of Council to report the necessary alterations to be made in
the Militia act, whereupon, Resolved that Mr- Safford join said Committee.
A petition from the Inhabitents of Bristol praying for a Land Tax,
having been read in General Assembly, and a Committee appointed
15
210 Governor and Council — October 1790.
thereon, to join a Committee of Council, Resolved that Mr Brownson
join said Committee.
A petition from the Inhabitents of Walden and sundry other Towns
adjoining, praying for a land Tax, having been read in General As-
sembly & a Committee appointed thereon to join a Committee of Coun-
cil, Kesolved that Mr- Bayley join said Committee.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
A bill was recd- from the House appointing a Committee, to join a
Committee of Council, to adopt some means for encouraging Agriculture,
and useful Manufactories within this State. Kesolved that Mr- Bayley
join said Committee.
An Act annexing New Haven Gore to the Township of New Haven,
having passed the General Assembly was read and Concurred.
Three, petitions viz1- from the Inhabitents of Hungerford [Sheldon,]
Smithfield & Fairfield, [one town, now Fairfield,] praying for a Land
Tax, having been read in General Assembly and a Committee appointed
thereon, Kesolved that Mr- Brownson join said Committee.
The Ballots being called for a Secretary for the Council for the year
ensuing, Joseph Fay was declared to be duly Elected, and was Sworn
accordingly.
The HonbleIsaac Tichenor Esqr- being duly qualified as a member
of Council took his seat accordingly.
An act annexing a part of New Haven to the Township of Weybridge
having passed the General Assembly was read and nonconcurred as it
did not appear that the Inhabitents of either Town had been duly
Notified.
An act to adjourn the Windsor County Courts having passed the Gen-
eral Assembly was ordered to be returned to the House by Mr- Knoul-
ton for a Conference.
A bill from the House was recd- appointing a Committee to join a Com-
mittee of Council for the purpose of preparing a bill of Insolvency; Re-
solved that Mr- Tichenor join said Committee.
Adjourned to 8 ° Clock Tomorrow.1
Wednesday 20 October 1790.
Met according to adjournment.
Present [his] honor Peter Olcott Esquire I> Governor and the follow-
ing of the Honble Council, viz*- Samuel Safford Tim0- Brownson Jacob
Bayley Thomas Porter Ebenezer Walbridge Isaac Tichenor Luke Knoul-
ton. Joseph Fay Secv- Jona- Bell Esqr- Sheriff.
A Message from the House by Doctr- Green was recd- requesting the
Governor and Council to join in Grand Committee for the purpose of
pointing out the mode of the County Elections for the ensuing year.
They joined accordingly, His Honor L1 Governor Olcott in the Chair,
1 From the Assembly Journal, Oct. 19 1790: '
Resolved, That a Committee of two members from each county be
appointed to meet his Excellency the Governor, and conduct him into
town. — Members chosen — Mr. Brownson, [Col. Gideon,] Mr. Robinson,
[Maj. Jonathan,] Mr. E. Smith, Mr. Wilson, Mr. Pond, Mr. Whitney,
Mr." J. Spaff'ord, Mr. Pearl, Mr. Chandler, [Gardner, of Brattleborough,]
Mr. Hunt, [Gen. Arad, of Vernon,] Mr. Hatch, Mr. Gallup, Mr. Austin,
and Mf. Morey.
Governor and Council — October 1790. 211
Joseph Fay Esqr- Clerk. Having agreed on a mode, Adjourned until
Tomorrow Morning.1
An Act to adjourn the County Court in and for the County of Windsor
having passed the Gen1- Assembly was read & Concurred.
His Excellency Thomas Chittenden Esquire arived and was recd-, at
the Council Chamber, from whence he proceeded to the House of As-
sembly, and after Dilivering a Speach to both Houses was duly qualitied
by chief Justice Chipman to the office of Governor of the State of
Vermont for the year Ensuing, after which he with the Council returned
to the Council Chamber.2
Adjourned to 8 °Clock Tomorrow.
1 The members of Assembly were to meet in county conventions and
nominate the necessary county officers. The nominations were then to
be reported to both houses in Grand Committee, by which the elections
were to be made — usually by a viva voce vote; but each member had the
right to demand a ballot in any particular case, on giving notice before
the nomination had been put to vote.
2 The return of Gov. Chittenden to the executive chair seems to have
been honored by the military display and public gathering usual on
" election day " at that time. The Vermont Gazette of Nov. 1 1790 con-
tained the following :
The speech of Ms excellency governor CHITTENDEN to the council and
assembly, October 20, 1790.
Gentlemen of the council and assembly,
I have received official information of my appointment by the freemen
of this state to be their governor for the year ensuing. My heart is
imprest with a grateful sense of the singular respect shewn and honor
done me by this election.
This day witnesses the excellence and beaut}'- of our glorious constitu-
tion; which by the blessing of heaven, the fortitude and perseverance
of former. conventions, councils, and assemblies, with the aid of the
military force, we have obtained and supported, against the opposition
of a potent foreign power, a haughtv neighbouring government, and
numerous domestic opposers. The constitution, gentlemen, grouped
[groped] in the dark for days, months and years, but now it shines with
purer lustre. By it our lives, properties, liberties and privileges, civil
anil religious, are protected: By it we retain a right to choose our own
rulers and that from among ourselves; — by it we are rescued from sub-
mitting to the edicts of any foreign power, or neighboring government,
while every civil officer is annually taught his dependence. The appear-
ance of this day also evinces, that our government is well established,
the minds of the people happily cemented, and every tiling contributes
to complete our political felicity, and prepare the way for the happy day
when we shall add no small weight to the scale, and be under the pro-
tection of a new and glorious empire, which bids fair in a short time to
vie in power and policy with any of the European States, which gives
me more satisfaction than all the honors in the power of this or any
other state to confer on me.
It is with some reluctance that I shall enter again into public service,
all circumstances considered; yet the good of this people lies so near
my heart, that when duty calls, nothing shall deter me from acting that
part I judge will contribute most to the peace, happiness and prosperity
212 Governor and Council — October 1790.
Thursday 21* October 1790.
Met according to adjournment.
Present His Excellency Thomas Chittenden Esquire Govr- His
Honor Peter Olcott Esquire I> Governor and the following Members of
the Honorable Council viz1- Samuel SafTord Tim0- Brownson Jacob Bayley
Thomas Porter Ebenezer Walbridge Isaac Tichenor Luke Knoulton.
Joseph Fay Secy- Jonathan Bell Esqr- Sheriff.
An Act' directing who shall Print for the State having passed the
General Assembly was read and Concurred.
Agreeable to the order of the day, the Governor and Council joined
the House in Grand Committee for the purpose of Electing County
officers. Having nearly Compleated the business & having herd [heard]
the report of the Commissioners appointed to negociate the settlement of
boundary line between the States of N. York and Vermont, and the
declaration of the Commissioners of N. York declaring the consent of
the Legislature of N. York to relinquish all claims of Tittle and jurisdic-
tion to the State of Vermont, having been read, the Committee adjourned
until 10 °Clock Tomorrow Morning. The Governor & Council then
returned to the Council Chamber and Adjourned to 2°Clock P. M.
Met according to adjournment.
Resolved that Mr- Brownson join a Committee of the House on the
following Petitions viz*- from the Inhabitents of Rochester, N. Fane,
Guildhall and Stanford [Stamford,] praying for a Land Tax.
An Act pointing out the mode of filling Vacancies having passed the
General Assembly in October 1789 and Suspended by the Council has
this present Session been passed into a Law. On motion Mr. Tichenor
is requested to return the bill to the House, together with another act
more explicit requesting the House to pass the same into a Law in Lieu
of the above.
of the people. Therefore with a firm reliance on receiving that kind aid
and support from the Council and House of Representatives that the
nature of my office requires, I shall accept the office to which 1 am
elected, and am ready to take the qualifications pointed out by the con-
stitution; and I pray God to grant me wisdom to conduct agreeable to
his will, and then 1 trust it will be for the best good of his and my people.
The Gazette added : " His excellency was then duly qualified by chief
justice Chipman in the presence of both houses, and a numerous body
of spectators."
GENERAL ORDERS,
Given at head quarters, Castleton, October 20, 1790.
His Excellency the commander in chief orders, that his grateful
acknowledgments be made known to Brigadier General Clark, com-
manding officer of the day, and the officers and troops under his com-
mand, for the honor done him, by their polite attention in escorting him
to this place, together with the honorable reception on his arrival, by
Captain Erwin his officers and company of artillery. His Excellency is
happy in having an opportunity to express the high sense he entertains
of the rapid progress made in military improvements, which is so con-
spicuous among the troops. He hopes by the continuance of their
exertions they will soon be able to vie with the troops of any nation.
His Excellency further orders Brigadier General Clark to provide a
proper escort, to wait on the late Governor Robinson, at such time as he
may think proper to retire. Joseph Fay, Adjutant- General.
Governor and Council — October 1790. 213
A petition Signed Nehemiah Hopkins Having been read in General
Assembly <fc a Committee appointed thereon to join a Committee of
. Council, Resolved that M1'- Safford join said Committee.
A petition Signed Jonas Fay having been read in General Assembly
& a Committee appointed thereon to join a Committee of Council, Re-
solved that Mr- Porter join said Committee.
A message was recd- from the House, requesting the Govr- and Coun-
cil to join in Grand Committee for the purpose of appointing a Member
of Council to fill the vacancy made by the appointment of Mr- Olcott to
be L* Governor, also to appoint Judges of the Supreme Court. His Ex-
cellency Governor Chittenden in the Chair, Joseph Fay Esq1-- Clerk.
The ballots being taken for a Member of Council the Honble Jonathan
Arnold Esquire was declared to be duly Elected. The ballots being
taken for the appoint of a Chief justice the Honble Nathaniel Chipman
Esq1'- was declared to be duly Elected. The ballots being taken for the
first side judge, the Honorable Noah Smith Esq1'- was declared to be
duly Elected. The ballots being taken for a second side judge the
Honble Samuel Knight Esquire was Declared to be duly Elected. Com-
mittee dissolved.
The Governor & Council returned to the Council Chamber and Ad-
journed to 9 °clock Tomorrow.
Friday 22d October 1790.
Met according to adjournment.
Present His Excellency Thomas Chittenden Esqr- Govr- The Honble
Peter Olcott Esqr- I> Govr- and the following Members of the Honble
Council viz1- Samuel Saflbrd Tim0- Brownson Jacob Bayley Thomas Por-
ter Ebenr- Walbridge Isaac Tichenor & Luke Knoulton Esqrs- Joseph
Fay Sec?' Jonathan Bell Esq1-- Sheriff.
This Certifies all whom it doth or may concern that the Granting fees
for the Township of East Haven are paid in full and that the same is
paid into the Treasury in a former settlement made as Land Committee.
Thomas Chittenden L. Committee.
By order of the Governor, Certificates of the above delivered to the
Treasurer and Sec?- of State agreeable to Law.
Joseph Fay Se&-
Agreeable to the order of yesterday the Govr- and Council met the
House in Grand Committee to Compleat the appointment of County offi-
cers and Adjourned [the Grand Committee] to 2 °-Clock P. M. Monday
next.
An Act appointing an Audittor of accts- against this State, having
passed the General Assembly, was read & Concurred.
The petition of Titus Watson praying for a suspension of Law against
him for three years in Collecting Debts due from him, having been read
in General Assembly and a Committee appointed thereon to join a
Committee of Council — Resolved that Mr- Porter join sd- Committee.
An Act granting Liberty to Joel Lyman to enter an Action in the
Supreme Court, viz'- Joel Lyman against Joel Lyman Jur- having passed
the Gen1- Assembly, was read & Concurred.
An Act altering the place of holding the Supreme & County Courts
in the County of Chittenden having passed the General Assembly was
read and Concurred. — [Removal to Burlington.]
Adjourned to 2 °Clock P. M.
214 Governor and Council — October 1790.
Mel according to adjournment.
A petition from the Widow Matisson Praying for a Confirmation of
the last will & Testiment of her Late Husband Decd- having [been] read
in General Assembly and a Committee appointed thereon to join a Com-
mittee of Council, Resolved that Mr- SafFord join said Committee.
Adjourned to 9 °Clock Tomorrow.
Saturday 23d October 1790.
Met according to adjournment.
Present His Excellency Thomas Chittenden Esquire Gov1"- His honor
Peter Olcott Esquire I> Governor, and the following Members of the
Honorable Council viz1- Samuel Safford Jacob Bayley Tim0 Brownson
Thomas Porler Isaac Tichenor Ebenezer Walbridge Luke Knoulton.
Joseph Fay Secy- Jonathan Bell Sheriff.
Adjourned to 2 °Clock P. M.
Met according to adjournment, and Adjourned to 10 °Clock Monday-
next.
Monday 24 [25th] October 1790.
Met according to adjournment.
Present His Excellency Thomas Chittenden Esqr- Govr- His honor
Peter Olcott Esquire L1 Governor and the following Members of the
Honble Council viz*- Samuel SafFord Jacob Bayley Tim0 Brownson Thomas
Porter Ebenezer Walbridge Isaac Tichenor Luke Knoulton. Joseph
Fay Sec'-'- Jona- Bell Esqr- Sheriff.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
Met in Committee of both houses, to Compleat the County Elections,
which finished, the Committee Dissolved.
A petition Signed Isaac Clark praying for Compensation for Land
which he Bought of the State and has since lost by a Tryal at Law,
having been read in General Assembly, and a Committee appointed
thereon to join a Committee of Council— Resolved that M1 Walbridge;
join said Committee.
Adjourned to 9 °Clock Tomorrow.
Tuesday 25th [26th] October 1790.
Met according to adjournment.
Present His Excellency Thomas Chittenden Esqr- Govr- the Honble
Peter Olcott Esquire L* Governor and the following Members of the
Honble Council viz4- Samuel SafFord Tim0- Brownson Jacob Bayley
Thomas Porter Ebenezer Walbridge Isaac Tichenor Luke Knoulton.
Joseph Fay Secy- Jon!l- Bell Sheriff.
A petition Signed Elisha Sheldon Praying to be discharged or freed
from Debt, having been read in General Assembly and a Committee ap-
pointed thereon to join a Committee of Council, Resolved that Mr- Saf-
ford join Said Committee.
An Act for Suspending of Law against Titus Watson having passed
the General Assembly was read & Concurred.
An Act forming a Probate district in the County of Orange, & Two
Probate districts in the County of Chittenden having passed the General
Assembly were read & Concurred.
Governor and Council — October 1790. 215
An Act Granting a Tax of one [penny] pr- acre on all the Lands in
Williams town, having passed the Gen1- Assembly was read and Con-
curred.
An Act Granting a Tax of one penny pr- acre on all the Lands in the
Township of Orange, having passed the General Assembly was read and
Concurred.
An Order drawn on the Treasurer for the Expence of Stephen R.
Bradley Esquire one of the Commissioners to Congress for the sum of
Twenty seven pounds L. money in Silver or Gold.
£27 0 0.
An order drawn on the Treasurer for the Expence of Israel Smith
Esquire one of the Commissioners to Congress for the sum of Nineteen
pounds Ten shillings L. Money in Gold or Silver.1
Adjourned to 2 °Clock P. M.
Met according to adjournment.
An Act altering the name of the Township of Minden to thajt of
Craftsbury having passed the General Assembly was read and Con-
curred.
An Act for raising a Tax of one penny half penny on the list and
ratable Estate in the County of Orange, having passed the General As-
sembly was read & concurred.
An Act empowering Lemuel Buck to deed Land to William Bell &c.
having passed the General Assembly was read & Concurred.
An Act empowering the Supreme and County Courts to chancer
Bonds &c. having passed the General Assembly was read & Concurred.
Honorable John Strong Esquire arivd, and being duly qualified Took
his seat in Council.
Whereas the Governor and Council Suspended the Collection of the
Surveyor Generals Tax on the Township of Enosburgh in June Last
until the rising of the Assembly in this present Session, on ace4- that it
appeared to the Council that the Proprietors had paid said Tax — And
whereas James Whitelaw Esqr- Surveyer General and Major David Fay
his Depy- have a dispute relative to assertainiug the survey of said Town
by which it becomes Necessary that the lines should be Surveyed in
order to Settle the dispute, therefore Resolved that the Collection of
said Tax be suspended until the rising of the General Assemoly in Oc-
tober Next and the Treasurer is hereby directed not to Issue his Execu-
tion for Collecting said Tax.
Adjourned to 8 °Clock Tomorrow.
Wednesday 26 [27th] October 1790.
Met according to adjournment.
Present His Excellency Thomas Chittenden Esqr- Governor, His honor
Peter Olcott Esquire L* Govr- and the following Members of the Honble
Council viz*- Samuel Safford Timothy Brownson Jacob Bayley Thomas
Porter Ebenezer Walbridge John Strong Isaac Tichenor Luke Knoul-
ton. Joseph Pay Secv- Jonathan Bell Sheriff.
1 Messrs. Bradley and Smith were " Commissioners," not to Congress,
but to treat with the commissioners of New York. It is true, however,
that Mr. Bradley was one of the Agents to Congress, appointed Oct. 27
1789, four days after he had been named as one of the Commissioners.
216 Governor and Council — October 1790.
An Act dividing the County of Windsor into two half Shares [shires,
Woodstock and Windsor,] having passed the General Assembly was read
and Concurred.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
His Excellency the Governor & Council recd- a Message from the
House, requesting them to join in a Committee of both houses for the
purpose of Electing an Audittor of Accte- His Excellency the Governor
in the Chair, Iloswell Hopkins Clerk, The Ballots being taken the
Honble Elisha Clark Esquire was declared to be duly Elected.
An Act enabling the Proprietors of Tunbridge to Confirm the do-
ings of their former Proprietors Meetings, having passed the General
Assembly was read & Concurred.
An Act altering the place of Holding Courts in the County of Chit-
tenden, having passed the General Assembly was read & Concurred.
An Act to free from arest and Seeizure the Body and Estate of Col0-
Elislfa Sheldon, having passed the General Assembly was read & Con-
curred.
An Act Granting Susannah Matison of Shaftsbury a New Tryal be-
fore the Probate Court for the district of Bennington, having passed the
General Assembly was read & Concurred.
Adjourned to 8 °Clock Tomorrow.
Thursday 27 [28th] October 1790.
Met according to adjournment.
Present His Excellency Thomas Chittenden Esquire Gov1'- His
honor Peter Olcott Esquire L*. Gov1*- and the following Members of the
Honorable Council viz4- Samuel Saiford Tim0- Brownson Jacob Bayley
Thomas Porter Ebenezer Walbridge John Strong Isaac Tichenor Luke
Knoulton. Joseph Fay Se&- Jona- Bell Sheriff.
An Act in explanation of an Act Entitled an Act for the Limitation
of Actions, having passed the General Assembly was read and Concurred.
An Act making an addition to the Committee in Shelburn Land Tax,
having passed the General Assembly was read & Concurred.
A Message from the House was recd- requesting the Governor and
Council to join in Committee of both houses for the purpose of appointing
a Brigadier Gen1- of the 7th Brigade, when the Honble Ira Allen Esquire
was Declared to be duly Elected. 1
This Certifies whom it doth or may concern that the whole of the
Granting fees for the Township of Dunkinsburgh [Duncansborough, now
Newport, have been paid] and a rec1- in full has been given October 1790.
Samuel Safford, ) Land
John Strong f Committee.
Copy Examd- & True Copy Dd to the Treasurer & Sec^- of State.
Joseph Fay Secy-
This Certifies all whom it doth or may Concern that the whole of the
Granting fees of the Township of Glover are paid and a rec*- in full has
been given October 27, 1790.
Samuel Safford } Land
John Strong } Committee.
True Copy Examd- and Lodged with the Treasurer & Secretary of
State. Joseph Fay Secy-
1 Ira Allen was elected Major General of the third division, and Jona-
than Spafford Brigadier General of the seventh brigade.
Governor and Council — October 1790. 217
An Act Granting a Lottery to Certain persons therein named of £200
for the purpose of Erecting a bridge across Deerfield river, having
passed the General Assembly was read and concurred.
An Act Granting a New Tryal to Ephraim Stevens having passed the
General Assembly was read & concurred with the amendment that the
Tryal be had at the next adjourned Term.
An Act for raising one penny on the pound in Windsor County having
passed the General Assembly were read and returned to the House with
proposals of amendment.
The Honble Nathaniel Chipman Esquire appeared before His Excel-
lency the Governor and was duly qualified to Execute the office of Chief
Justice for the State of Vermont for the year Ensuing.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
An Act to release Collectors from State Taxes having passed the
House, read & Concurred.1
An Act directing the payment of Thirty Thousand dollars to the State
of New York & declaring the boundary line between the State of New
York & the State of Vermont, having passed the General Assembly was
read and Concurred.
An Act appointing a Committee to Survey a road from Greensboro to
Canada having been passed in General Assembly was read and con-
curred.
Adjourned to 8 °Clock Tomorrow.2
Friday October 28 [29th] 1790.
Met according to adjournment.
Present as Usual.
The Honorable Ira Allen was yesterday appointed -Major General of
the 3d Division & the Honorable Jonathan Spafford Esq1- was Elected
Brigadier General of the 7th Brigade.
Resolved to adjourn this Council until the Second Monday in January
Next, then to meet at Bennington, to which time & place the General
Assembly have also adjourned.
The End of October Session 1790.
Joseph Fay Sec&-
' This was an act for the relief of certain collectors of state taxes.
2 From the Assembly Journal, Oct. 28 1790:
Resolved, That his Excellency the Governor's salary, for the present
year, be two hundred pounds; and the Treasurer is hereby directed to
pay the same.
Resolved, That Samuel Mattocks, Esquire, Treasurer, be allowed one
hundred and twenty pounds as his salary for the ensuing year.
On the same day, James Whitelaw was elected Surveyor General;
Samuel Hitchcock, Attorney General ; and Isaac Tichenor, Auditor of
Accounts. The Assembly Journal closes as follows:
The Governor and Council appeared in the House — when his Excel-
lency addressed the House in a short speech. — After which,
The House adjourned to the second Monday in January next, then to
meet at the Court-House in Bennington.
218 Governor and Council — January 1791.
RECORD OF THE GOVERNOR AND COUNCIL
AT AN
ADJOURNED SESSION WITH THE GENERAL ASSEMBLY
AT BENNINGTON, JAN. 10-27 1791.
Bennington 10 January 1791.
At a Meeting of the Governor & Couneil aeeording to adjournment.
Present His Exeelleney Thomas Chittenden Esquire Govr- His Honor
Peter Oleott Esquire JJ Governor, and the following Members of the
Honorable Couneil viz*- Samuel SafTord Timothy Brownson John Fas-
sett John Strong Ebenezer Walbridge Isaac Tiehenor Jonathan Hunt
Nathaniel Niles & Jonathan Arnold. Joseph Fay Sec&- David Robinson
Sheriff.
The Honorable Jonathan .Hunt, John Fassett & Jonathan Arnold,
having been duly qualified before the Governor, took their Seats in
Council.
Adjourned to 9 °Clock Tomorrow morning.
Tuesday 11th January 1791.
Met according to adjournment.
Present His Excellency Thomas Chittenden Esquire Govr- His Honor
Peter Oleott Esquire L* Governor, and the following Members of the
Honble Council viz* Tim0 Brownson Samuel SafTord John Fassett John
Strong Ebenezer Walbridge Jonathan Hunt Isaac Tiehenor Nathaniel
Niles Jonathan Arnold. Joseph Fay Secy- David Robinson Sheriff.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
A Letter from Moses Robinson Esquire, Vice President of the Con-
vention, was recd- enclosing the Resolutions and final Ratification of the
Constitution of the United States, whereupon His Excellency, the Gov-
ernor and Council proceeded to the House, and the Governor then Laid
the proceedings of the Convention before them, and Recommended to
them to proceed to the necessary business of the Session, taking it up
on the Stage where it was Left in October last.1
The Honorable Thomas Porter Esquire appeared and took his seat in
Council.
Adjourned to 9 °Clock Tomorrow.
Wednesday 12 January 1791.
Met according to adjournment.
Present His Excellency Thomas Chittenden Esqr Govr His honor
Peter Oleott Esquire L* Governor and the following Members of the
Honorable Council viz*- Tim0- Brownson John Fassett Samuel SalFord
Thomas Porter Nathaniel Niles Ebenezer Walbridge Jonathan Hunt
John Strong Isaac Tiehenor Luke Knoulton Jonathan Arnold. Joseph
Fay Se&- David Robinson Esq'- Sheriff.
1 For proceedings of the Convention on the Constitution of the United
States, see Appendix.
Governor and Council — January 1791. 219
A Message from the House was recd- by M1 • Hitchcock requesting the
Governor and Council to join the House in Grand Committee to Take
under Consideration the mode to be persued to negotiate a Union of this
State into the Government of the United States. The Governor & Coun-
cil joined accordingly. His Excellency the Governor in the Chair, Ros-
well Hopkins Esquire Clerk. After debating Largely on the business of
the Committee they adjourned to 2 °Clock P. M. The Council also ad-
journed to the same hour.
Met according to adjournment & joined in Grand Committee.
On Motion of Mr Lyon the Committee Resolved to appoint Senators
to attend the Congress of the United States. They also Resolved a Sub
Committee of Ten to prepare certain articles to lay before this Commit-
tee to be recommended to the Legislature, in consequence of the recom-
mendatory restrictions [resolutions in the Assembly journal] of the Late
Convention of this State, — Members choosen, His Excellency the Gov-
ernor, Honblc Gideon Olin, Isaac Tichenor, Stephen R. Bradley, Nath1
Niles, Elijah Paine, Samuel Hitchcock, Jonathan Arnold, Israel Smith,
and Ira Allen Esquires.
[The Council] Adjourned to 9 °Clock Tomorrow.
Thursday 13 January 1791.
Met according to adjournment. .
Present His Excellency Thomas Chittenden Esquire Governor, His
honor Peter Olcott Esq1- I> Governor & the following Members of Coun-
cil viz1- Tim0- Brownson John Fassett Samuel Salibrd Thomas Porter
John Strong Jonathan Hunt Nath1- Niles Eben1' Walbridge Isaac Tiche-
nor Luke Knoulton Jonathan Arnold. Joseph Fay Secv- David Rob-
inson Sheriff.
The Governor and Sundry Members of Council being in Committee
they adjourned to 2 "Clock P. M.
Met according to adjournment.
His Excellency recd- a Letter from Ros1 Hopkins Esqr- resigning his
office as judge of Probate for the district of Addison, which was accord-
ingly Accepted.
"Adjourned to 9 °Clock Tomorrow.1
1 The following proceedings in grand committee this day were not en-
tered in the record of the Council:
The governor and council appeared in the house, when the grand com-
mittee met pursuant to adjournment.
The sub-committee made the following report, viz.
liesolved, That it be recommended to the legislature to appoint a com-
missioner or commissioners to repair to the congress of the united states
of America, as soon as may be, whose duty it shall be to endeavour that
the act of congress admitting the state of Vermont into the federal
union, be so predicated on the act of the commissioners of the state of
Newyork, done at Newyork October 7, 1790, and on the act of this state
in consequence thereof, that those acts be considered as the basis of our
admission: and also, that in said act of congress the state of Vermont
be recognized as a sovereign independent state, since the 15th day of
January 1777.
This was read and accepted.
220 G-overnor and Council — January 1791.
Friday 14 January 1791.
Met according to adjournment.
Present His Excellency Thomas Chittenden Esquire Gov His Honor
Peter Olcott Esquire I> Governor, and the following Members of the
Honorable Council viz*- Tim0- Brownson John Fassett Samuel Safford
Thomas Porter Nath1- Niles Ebenezer Walbridge Jonathan Hunt John
Strong Isaac Tichenor Luke Knoulton Jonathan Arnold Joseph Fay
Sec''- David Kobinson Sheriff.
A bill from the House was recd appoint'^ a Committee to join a Com-
mittee of Council to receive the return and Chart of the Surveyor Gen-
eral; Resolved that Mr Walbridge & Mr- Tichenor join said Committee.
A written Message from the House was recd- requesting the Governor
& Council to join in Grand Committee for the purpose of filling such
Vacancies in the offices of Government as may be found necessary; to
meet at 10 "Clock Tomorrow.
A bill from the House was recd- appointing a Committee of three to
join a Committee from the Council to draft a bill for the purpose of ap-
pointing [United States] Senators; Resolved that Mr- Tichenor & Mr
Niles join said Committee.
An Act in explanation of and in addition to an Act Laying a Tax on
lands in Cornwall in the County of Addison was read in Council having
passed the General Assembly; sundry debates arising, Mr Tichenor re-
quested that the bill Lie on the Table until the Parties concerned in
said Act have an opportunity to agree.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
An Act in Explanation of & in addition to an act laying a Tax in
Cornwall being read a Second time was Concurred.
An Act Granting a|Tax of one penny on the pound on the Polls [polls]
and ratable Estate in the County of Windham having passed the Gen-
eral Assembly was read and Concurred.
An Act declaring the Town of Hancock to belong to the County of
Addison having passed the House was read & Concurred.
Adjourned to 9 °Clock Tomorrow.
Saturday 15 January 1791.
Met according to adjourn [adjournment.]
Present His Excellency Thomas Chittenden Esqr- Gov1'- His Honor
Peter Olcott Esquire L1 Governor and the following Members of the
Honble Council viz1- Timothy Brownson John Fassett Samuel Safford
Thomas Porter Nathaniel Niles Ebenezer Walbridge Jonathan Hunt
John Strong Isaac Tichenor Luke Knoulton Jonathan Arnold. Joseph
Fay Secy- David Robinson Sheriff.
The Grand Committee met according to the order of yesterday for the
purpose of appointing and filling the vacancies of the Necessary offices
of Government, His Excellency the Governor in the chair, Joseph Fay
Clerk. The Honorable John Strong Esquire was duly elected Judge of
Mr. Niles moved, that the commissioners apply to congress by a me-
morial from the legislature. It passed in the affirmative.
The committee then rose. Attest, Roswell Hopkins, Clerk.
The resolution of the committee doubtless embraced the substance of
" the recommendatory resolutions " of the Convention. The proposi-
tion of Mr. Niles was not concurred in by the General Assembly.
Governor and Council — January 1791. 221
Probate for the district of Addison; Preserved Dakens Justice of the
Peace for said County — Asa Wilmout Justice of the Peace for Do. Noah
Chittenden Justice of the Peace in and for the County of Chittenden —
Elisha Barber Justice of the Peace [for] Hinesburgh, Chittenden
County, Jonas Whitney Justice of the Peace [for] Marlborough Wind-
ham County.
Committee adjourned to 9°Clock Tuesday Next.
The Grant made to the Widow Hester Warner and the Heirs of
Colonel Seth Warner Decd of Two thousand acres of Land, being laid
before the Council Together with the return of the Surveyor General
of said piece of Land, Resolved that the Secretary of Council be & he is
hereby directed to Issue a Charter of said Land Taking therefor the
Lawfull fees for said Charter.
The petition "of Colonel Benjamin Cooley praying to be discharged
from a Certain fine laid on him by the Supreme Court in 1786 being
read & the Circumstances thereof duly considered, whereupon, Re-
solved that said petition be dismissed.
A petition from Colonel John Barren [Barron] in behalf of himself and
the Inhabitents and Land holders in Moortown [Bradford] having been
read in General Assembly & a Committee appointed thereon to join a
Committee of Council, Resolved that Mr Hunt & Mr- Safford join said
Committee.
The Honorable Samuel Mattocks Esquire as Principle, & the Honora-
ble John Strong and Nath1 Chipman Esqrs- as sureties appearing before
the Governor and Council, acknowledge themselves jointly & severally
recognized & firmly bound unto the Secretary of this State for the sum
of Ten thousand pounds L. Money & that for the faithfull payment of the
said Sum they and their heirs are jointly & severally bound, Conditioned
in the following manner viz1- that if the above bound Samuel Mattocks
shall faithfully Execute and discharge the duty of Treasurer for the State
of Vermont for the year Ensuing so that no damage be sustained to the
public or any Individual in his said office of Treasurer, that then this
Obligation be void and of no effect or otherwise to remain in full force &
Efect in Law. Attest Joseph Fay Secy-
£10,000.
1 hereby certify that the Granting Fees for the Township of Billymead
[Sutton] in the County of Orange Granted to Jonathan Arnold Esquire
& Associates have been by him fully Settled and paid.
Samuel Safford } Jj™*^
Examined and Recorded by order of the Governor, and Duplicates
Lodged with the Treasurer and Secretary of State.
Attest Joseph Fay Secv-
Adjourned to 2 °Clock P. M.
Met according to adjournment.
The petition of Nathan Daniels of Brandon praying for the remission
of a fine laid on him by the Supreme Court in 1786 was read & the
question being put wheather the prayer thereof be Granted it passed in
the Negative.
Adjourned to 10 "Clock Monday Next.
Monday 17th- January 1791.
Met according to adjournment.
Present His Excellency Governor Chittenden, His honor 1> Governor
Olcott and the following Members of the Honble Council viz1 John Fas-
222 Governor and Council — January 1791.
sett Samuel Safford Thomas Porter Nathaniel Niles Ebenezer Walbridge
Jonathan Hunt John Strong Isaac Tichenor Luke Knoulton Jonathan
Arnold. Joseph Fay Secy- D. Kobinson Sheriff.
Resolved that Mesrs- Niles & Arnold be a Committee to prepare a bill
pointing out the mode of choosing [United States] Senators.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
An act dividing the Two Heros into Two Towns read & Concurred.
Adjourned to 9 °Clock Tomorrow.
Tuesday 18 January 1791.
Met according to adjournment.
Present His Excellency Governor Chittenden, His Honor Peter Ol-
cott Esq1"- I> Governor, and the following Members of the Honorable
Council viz*- Timothy Brownson John Fassett Thomas Porter Samuel
Safford Nath1- Niles Ebenezer Walbridge Luke Knoulton Jonathan Hunt
John Strong Isaac Tichenor Jonathan Arnold. J. Fay Secy- David
Kobinson Sheriff.
Agreeable to a bill from the House of Yesterday, the Governor and
Council joined the House in Grand Committee for the purpose of Elect-
ing Commissioners to repair to the Congress of the United Stales to
Negotiate the admission of this State into the Union of the United
States. On Motion of Mr- Tichenor to proceed to the Election the Bal-
lots being taken, the Honble Nathaniel Chipman Esqr- & Lewis R. Mor-
ris Esquire was Declared to be duly Elected.
The Committee then proceeded Agreeable [to] Adjourn1- to appoint
Edward Viel, Peter Lewis of Danby, and John Stafford of Harwich
[Mount Tabor] Justices of the Peace for the County of Rutland.
Committee Dissolved. Jos. Fay Clerk.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
The petition of Benjamin Marvin in behalf of the Inhabitents of Mis-
sisco Tongue Praying for a Tittle to their Lands, having been read in the
General Assembly and a Committee appointed thereon to join a Com-
mittee of Council to State facts and make Report, Resolved that Mr-
Safford and Mr- Brownson join said Committee.1
This may certify that Ebenezer Strong and Benjamin Davis Esquires,
have paid into the Treasury (the same being recd- to them) four hundred
1 The town of Alburgh has borne more names probably than any other
town in the State. The editor remembers the following: Point Algon-
quin, Point du Detour, and Point Detouror, by the French; the last
name in English was Tarn about — so named perhaps by some footman
who had reached the southern point of the land and found himself forced
by the water to turn about in earnest; Missisco Tongue, and Missisco Leg,
from the shape of the land ; Caldwell's Upper Manor, from a claim of Henry
Caldwell, of Belmont, near Quebec; and finally Alburgh. Rev. D. T.
Taylor stated that the last name is an abbreviation of Allensburgh, per-
haps from Hon. Heman Allen of Highgate, who purchased Caldwell's
claim, and Ira Allen who was also a claimant to Alburgh. The town was
once advertised as Allensburgh. — See Chorographical Map of the North-
ern Department of North America, in Doc. Hist, of New York, quarto
edition, Vol. 4; and Vt. Hist. Mag. Vol. n, pp. 487, 488.
Governor and Council — January 1791. 223
& Twenty pounds as Granting fees for the Township of Norton, in full
for sixty rights at Seven pounds pr- right.
£420. Samuel Mattocks, Treasurer.
Treasury office, January 17th- 1791.
True Copy recorded by order of the Governor. JosEPn Fay Sec?'-
A bill for the purpose of appointing [United States] Senators was read
& passed the Council and ordered to be sent to the House of Assembly
to be passed into a Law of this State.
A Survey bill Signed James Whitelaw Surveyor Gen1 of a Township
of land situate west of Duhcansburgh [Newport] having been read in
General Assembly and a Committee appointed thereon to join a Com-
mittee of Council, Resolved that M1'- Arnold and Mr- Strong join said
Committee State facts & report.
An Act Granting a Tax of one penny pr acre on the lands in the
Township of Tomlingson [Grafton] having passed the General Assem-
bly was read & Concurred.
An Act Granting a Tax of 2d- pr- acre on the Township of Fairfield,
returned to the House proposing one penny in lieu of 2d- and that the
name of Silas Hatheway be Erased and Joseph Baker Inserted in lieu
thereof.
An Act Granting a Tax on the Township of Smithfield [now part of
Fairfield] returned to the House with the same amendments proposed
as in Fairfield.
An act Granting a Tax of Two pence on the acre in the Township of
Hungerford [Sheldon,] returned to the House with proposals of one
penny instead of Two pence.
An Act Granting a Tax of one penny pr- acre on the Township of
Bristol having passed the General Assembly was read and Concurred.
An Act Granting a Tax of one penny on Each acre of Land in the
Township of Guildhall having passed the General Assembly was read
and Concurred.
Adjourned to 9 °Clock Tomorrow.
Wednesday 19 January 1791.
Met according to Adjournment.
Present His Excellency Governor Chittenden, His honor Peter
Olcott Esquire L* Governor and the following Members of the Honblc
Council viz1- Tim° Brownson John Fassett Samuel Safford Thomas
Porter Nath1- Niles Ebenezer Walbridge Jonathan Hunt John Strong
Iaac Tichenor Luke Knoulton Jonathan Arnold. Joseph Fay SecP-
David Robinson Sheriff.
Mr- Bradley, Mr- Hitchcock & Mr Paine being a Committee from the
House to Confer with the Council upon the act sent from Council to the
House for appointing Senators, & to inform the Council of the reasons
for not passing the Same into a Law of this State, Resolved that M'
Tichenor, Mr- Arnold and Mr Walbridge be appointed to Confer with
said Committee on the Subject.
An Act directing the Mode of choosing [United States] Senators to
represent this State in the United States, having passed the General
Assembly was read & Concurred.
A Message from the House was recd- by Major Robinson informing
the Council that the House were now proceeding to ballot for [United
States] Senators, and to request the Council to meet them at the open-
ing of the House [in the afternoon] to join in Grand Committee to Com-
pare the Nominations and to Compleat the Election.
224 Governor and Council — January 1791.
Resolved that Mr- Tichenor inform the House that the Council also
proceed to Nominate Senators and will Meet them according to their
request.
The Ballots being taken for Two persons to represent the Legislature
of this State in the Senate of the United States, — The Honblc Moses
Robinson Esquire & Nath1- Niles Esqr- were declared to be Nominated
by a Majority of the whole Votes of the Governor and Council.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
A Message from the House was recd- by Major Robinson requesting
the Governor and Council to join in Grand Committee for the purpose of
Electing [United States] Senators, whereupon Resolved that the Gover-
nor & Council join the House in Grand Committee for the purpose of
Electing Senators to represent the Legislature of this State in the Senate
of the United States.
Being Met His Excellency the Governor in the Chair, Ros1 Hopkins
Esquire Clerk, the Ballots being taken the Honble Moses Robinson Esqr-
& Stephen R. Bradley Esqr- was declared to be duly Elected. The Com-
mittee Dissolved.
On the petition of Stilman Foot, Resolved that Mr- Niles join the Com-
mittee of the House to Take the Same under Consideration State facts
and Make Report.
Adjourned to 9 °Clock Tomorrow.
Thursday 20 January 1791.
Met according to Adjournment.
Present His Excellency Governor Chittenden, His Honor L* Gov-
ernor Olcott & the following Members of the Honble Council, Tim0
Brownson John Fassett Samuel Saffbrd Thomas Porter Nath1- Niles
Ebenezer Walbridge Jonathan Hunt John Strong Isaac Tichenor Luke
Knoulton Jonathan Arnold. Jos- Fay Secy- David Robinson Sheriff.
An Act Granting a Tax of one penny half penny on the Poles and
ratable Estate in the County of Addison having passed the General
Assembly was read & Concurred.
An Act in addition to an act for altering the Time for holding the
Courts in Bennington & Chittenden Counties having passed the General
Assembly was read & Concurred.
An Act appointing Commissioners from this State to repair to the
Congress of the United States, having passed the General Assembly was
read & returned to the house with proposals of amendment viz*- that
the free persons in this State exceed 90,000 in lieu of 100,000. a
An act Granting a Tax of on penny pr- acre on the lands in the Town-
ship of Stockbridge, having passed the General Assembly was read &
Concurred.
An act Granting a Tax of one penny pr- acre on the lands in the
Township of Burk, having passed the General Assembly was read &
Concurred.
An act appointing Commissioners from this State to the Congress of
the United States, was returned from the house with their Concurrence,
with this further amendment viz1- that the words be inserted "In the
opinion of this Legislature," whereupon the bill was again read &
Concurred.
1 The census of 1791, as corrected in the report of the census for 1870,
gave 85,533 as the population of the state.
Governor and Council — January 1791. 225
An act Granting a Tax of 2d- pr- acre on the lands in the Township of
Topsham having passed the General Assembly was read & Concurred.
An act Granting a Tax of one penny on Each acre of Land in the
Township of Calais having passed the General Assembly was read &
Concurred.
An act to Enable the Heirs of Amos Marsh Late of Clarindon de-
ceased to commence an action for the recovery of a Lot of Land, having
passed the General Assem'ly was read & Concurred.
An act repealing an act Dividing the County of Windsor having
passed the General Assembly and the Same having been read in Coun-
cil & largely Debated before them by the attorneys on behalf of the par-
ties, whereupon the question was put wheather the Council would
Concur & it passed in the negative. — On motion the further Considera-
tion was agreed to lie until Tomorrow morning.
Adjourned to 9 °Clock Tomorrow.
Friday 21 Jan*' 1791.
Met according to adjournment.
Present His Excellency Governor Chittenden, His honor L* Governor
Olcott and the following Members of the Honble Council viz1- Ti.m°
Brownson John Fassett Thomas Porter Samuel Safford John Strong
Ebenezer Walbridge Jonathan Hunt Nathaniel Niles Isaac Tichenor
Luke Knoulton Jonathan Arnold. Joseph Fay Sec*- David Robinson
Sheriff.
Aii Act Granting a Tax of 4fl- p1*- acre on all the lands in the Township
of S*- Johnsbury having passed the General Assembly was read and
Concurred.
An Act directing an appeal in the cause depending between William
Fitch and Joseph Capron in the County Court in the County of Addison,
having passed the General Assembly was read and Concurred.
A petition Signed John Kelly & Nathaniel Chipman, in behalf and as
agents for the Honble Chief Justice Jay pra}ing for a Grant of Land, hav-
ing been read in General Assembly and a Committee appointed thereon
to join a Committee of Council, Resolved, that M1'- Safford and Mr- Por-
ter join said Committee.
A bill from the House recd- appointing a Committee to join a Com-
mittee of Council for the purpose of adopting some Measures for the
Encouragement of Agriculture and useful Manufactures, Mr Arnold
and Mr- Niles were appointed to join said Committee.
An act Granting a Tax of one penny pr- acre on the lands in the
Township of Walden having passed the General Assembly was read and
Concurred.
An act Granting a Tax of Two pence on Each acre of Land in Moor
Town [Moretown] having passed the General Assembly was read and
Concurred, Inserting Walter Avery in lieu of John Easton.
An act Granting a Tax of 2(L pr- acre on the lands in the Township of
Duxbury having passed the General Assembly was read & Concurred.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
An Act Granting a Tax of one penny .pr- acre in Johnson having
passed the General Assembly was read and Concurred.
Adjourned to 9 °Clock Tomorrow.
16
226 Governor and Council — January 1791.
Saturday 22a January 1791.
Met according to adjournment.
Present His Excellency Governor Chittenden, His Honor U Gover-
nor Olcott, and the following Members of the Honble Council viz*- Timo-
thy Brownson John Fassett Samuel SalTord Thomas Porter Nathaniel
Niles Ebenezer Walbridge Jonathan Hunt John Strong Isaac Tichenor
Luke Knowlton Jonathan Arnold. Joseph Fay Secy- David Robinson
Sheriff.
An Act directing the wedth [width] of Sleds in the Counties of Orange
and Windsor, having [passed] the Gen1 Assembly was read & Concurred.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
An Act for repealling an Act Entitled an Act for dividing Windsor
County having passed the House was returned by Mr- Niles with pro-
posals of Amendment.
Adjourned to 10 °Clock Monday next.
Monday 24 January 1791.
Met according to adjournment.
Present His Excellency Governor Chittenden, His honor Lf Governor
Olcott and the following Members of the Honorable Council viz4- Tim0
Brownson John Fassett Samuel Safford Thomas Porter Nathaniel Niles
John Strong Ebenezer Walbridge Jonathan Hunt Isaac Tichenor Luke
Knoulton Jonathan Arnold. Joseph Fay Secy- David Robinson Sheriff.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
The Honorable Noah Smith Esquire having resigned his office as an
assistant Juge in the Supreme Court which is accordingly accepted and
the Same Notified. to the 'General Assembly. — His resignation is in the
following Words viz1
To his Excellency Thomas Chittenden Esqr- Govr- &c.
Sir^ — Under a Grateful Sense of the honor done me by the Legisla-
ture in appointing me (by a choyce said to be unanimous) to the high
office of assistant judge of the Supreme Court, I beg leave most respect-
fully to Communicate to your Excellency and the Council, that the pecu-
liar Situation of my private affairs connected with my late Election as
Senator, renders it Impracticable for me any longer to Serve the State
as judge.1
I do therefore most respectfully resign the office of assistant Judge of
the Supreme Court and request your Excellency to Communicate this
mv resignation to the Legislature.
"With Sentiments of high respect, I am your Excellencies most Obe-
dient Humble Servant, Noah Smith.
Bennington 24 January 1791.
Copy Examined, Joseph Fay Secy-
Resolved that the foregoing resignation (at the request of M1- Smith)
be Transmitted to the Gen1- Assembly.
On Motion of Mr- Knoulton Resolved that the Grant of a Gore of
Land made to the said Knoulton of Ten thousand acres be called and
1 Mr. Smith was nominated by the Assembly as one of the two United
States Senators to be elected; but was not elected— See ante p. 224. At
the next session, Oct. 1791, Messrs. Robinson and Bradley resigned their
commissions as Senators, when both were re-elected. The reason for
this action was that the first election was premature, as the state had not
been admitted into the Union.
Governor and Council — January 1791. 227
known by the name of Bakersfield, and that the Governor and Council
order the Secretary to make out & Execute a Charter of Incorporation
reserving three hundred acres for the use of a Minister & Schools in
said district, to be 150 acres Each.
In General Assembly 24 January 1791.
Resolved that his Excellency the Governor be & he is hereby directed
to Issue a Commission under the Seal of this State to the Commissioners
appointed lo the Congress of the United States for the purpose men-
tioned in the act for appointing said Commissioners.
Attest L. R. Morris, Clerk.
An Act Staying an Execution of [against] the proprits of Randolph
having passed the General Assembly was read and non Concurred & the
reasons Stated in writing.1
An Act repealling a Certain act for Establishing a boundary line
between the Towns of Leicester and Salisbury was read and returned to
the House with proposals of amendment.
On a Resolution of the General Assembly directing the Governor to
Draw on the Treasurer for fifty pounds in hard Money for N. Chipman
& Mr- Morris Commissioners to Congress, an order was drawn accord-
ingly Signed by the Governor.
Adjourned to 9 °Clock Tomorrow.
Tuesday 25 January 1791.
Met according to adjournment.
Present His Excellency Governor Chittenden, His honor L* Governor
Olcott and the same Members of the Honble Council as yesterday.
An Act Granting Moortown [Bradford] having passed theGeneral
Assembly was read and Concurred with this amendment viz1- that the
Inhabitents be allowed until April 1792 for the payment of the Granting
fees.
An Act for the due Observence of the Lords day having passed the
Council was ordered to be sent to the General Assembly to be passed
into a Law of this State.
An Act Granting Stilman Foot a new Tryal read and Concurred.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
The Governor and Council proceeded to join the House in Grand
Committee for the purpose of appointing an assistant judge of the
Supreme Court in lieu of Noah Smith Esqr- resigned. The Ballots
being taken the Honb,e Nathaniel Niles Esquire was declared to be duly
Elected, also John Savage & Benjamin Marvin was Elected justices of
the Peace for Chittenden County.
An Act to repeal an Act relating to Confiscated estates having passed
the General Assembly was read & Concurred.
1 A bill, entitled An act staying proceedings on a certain execution
therein named, was returned from council non concurred, the council
viewing the right of granting new trials to be vested in the supreme
judiciary department; they also are of opinion, that by the 4th and 6th
sections of the constitution, the legislature have not a constitutional
right to suspend the judgment of a judicial court; which was read, and
the house acquiesced in the opinion of the council. — Printed Vt. Assembly
Journal, Jan. Sess. 1791, p. 67.
228 Governor and Council — January 1791.
An Act Granting a Tax of two pence pr- acre in the Township of l
having passed the General Assembly read & Concurred with one penny
in lieu of 2d-
An Act Granting a Tax of one penny in Brookfield read and Concurred.
An Act repealling an act for fulfilling Contracts having passed the
Gen1- Assembly read & Concurred.
An act Granting a Tax of ld- £ penny on Randolph read and Concurred.
An Act Granting a Tax of one penny in the Townships of Hardwick,
Glover, Barton, Browninyton, Salem, Woodbury and Derby, a half penny
pr- acre on Lutterloh [Albany] having passed the General Assembly was
read & concurred with amendment, that Timothy Tlinman be Collector
for Derby & Salem, Aaron Robinson for Browninyton & Hardwick, John
Saflbrd for Glover, Daniel Cahoon for Barton, & Heber Allen for Lutter-
loh [Albany.]
Adjourned to 9 °Clock Tomorrow.
Wednesday 26 January 1791.
Met according to adjournment.
Present as yesterday.
The Governor and Council proceeded to join the House in Committee
of both Houses to Elect a Major General & a Brigadier General to the
le- Division. The Ballots being taken the Honble Samuel Fletcher
Esquire was declared to be duly Elected a Major General. [The Grand
Committee] Adjourned to 2 °Clock P. M.
An Act appointing Inspectors to [of] Pot & Pearl ashes read &
Concurred.
An Act to Enable the Proprietors of Bethel to Collect Taxes having
passed the General Assembly was read and Concurred.
An Act appointing Judge of the Supreme [Court] to sit in certain
causes in the Couuty of Windham having passed the General Assembly
was read and Concurred.
An Act Granting a Tax of one penny pr- acre in Hyde Park, having
passed the General Assembly was read and Concurred.
Adjourned to 2 °Clock P. M.
Met according to adjournment.
An [act] directing Listers in their office and duty passed with Some
Amendments Entered on the bill.
An Act Granting John Kelley a New Tryal read & Concurred.
The Governor and Council Met in Grand Committee Agreeable to
adjournment and proceeded to the Choice of Brigadier Generals to the
first and Eighth Brigades of the Militia of this State. The Ballols
being Taken, Arad Hunt was declared to be duly choosen for the first
Brigade & Stephen R. Bradley Esquire for the Eighth.
An Act dividing the Towns of Williston & Burlington into two Sepe-
rate Ecclesiastical Societies read & Concurred.
An Act to Enable the Proprietors of Hinesburgh to Call a Meeting
of the proprietors of said Town, having passed the General Assembly
was read & non concurred, & Mr- Strong appointed to inform the House
of the reasons for their nonconcurrence.
Adjourned to 9 °Clock Tomorrow.
1 Probably Morristown and Stowe, the House having sent up one bill
for both towns.
Governor and Council — January 1791. 229
Thursday 27 January 1791.
Met according to adjournment.
Present as yesterday.
An Act dividing this State into Districts for appointing representa-
tives to Congress having passed the General Assembly was read & con-
curred with Amendments.
An Act for Securing Jonathan Fassett from arest having passed the
General Assembly was read and Concurred.
An Act Making of it the duty of the Major Generals to review the
Militia of this State & repealling that clause of the Militia Act Making
it the Duty of the Captain General was passed in Council and sent to
the General Assembly to be passed into a Law of this State.
In Grand Committee Elijah Paine Esq1'- was Elected assistant judge
of the Supreme Court in lieu of N. Niles Esquire resigned, [declined.]
An Act appointing two judges in the County of Orange to sit in Cer-
tain Causes having passed the General Assembly was read & noncon-
cured.
An Act in addition to an Act for Summoning Juriors [jurors] having
passed the General Assembly read & Concurred.
An Act freeing the body of Nath1- Gove from arest having passed the
General Assembly was read and Concurred.
An Act directing Collectors in their office and duty read and Con-
curred.
An Act directing Sheriffs in their office and duty read and concurred.
On a Message from the House by M1'- Todd informing the Governor
and Council that the General Assembly had compleated the business of
the Session and requesting the Governor & Council to attend in order
to Close the Session in due form — the Governor and Council proceeded
to the House and Closed accordingly.
[Governor and Council] Adjourned to 2 °Clock [P. M.]
Met according to adjourment & Adjourned without Day.
A Debenter of Council, at their Session Holden at Bennington by ad-
journment, commencing January 10th 1791 & ending the 27th both days
included.
His honr- L> Governor Olcott £15 6 8, Tim0- Brownson 6 12 4, Jn°-
Fassett 8 lb 0, Samuel Safford 6 0 8, Thomas Porter (i 14 4, Nathaniel
Niles 8 9 4, John Strong 7 19 4, Ebenezer Walbridge 6 0 8, Jona- Hunt
7 18, Isaac Tichenor 6 0 4, Luke Knoulton 6 5 4, Jonathan Arnold 9 2 8,
Joseph Fay Sec'J- 8 2 4, David Robinson Sheriff 5 8 4.— [Total] £108180.
True Copy, Attest, Joseph Fay Setf-
The End of January Session 1791
And the End of Vol. 2d [manuscript.]
Recorded by Joseph Fay Seev- to the Gov1- & Council.
Treasurers office Bennington Jan^ 27 1791.
RecM of the Honl)le Luke Knoulton Esq1- one hundred & thirty pounds
nineteen shillings in hard money orders in full (errors excepted) for
Knoultons Grant of Ten thousand acres of Land at thirteen [pounds]
Ten shillings pr- thousand. Three hundred acres exempted by Resolve
of Council. S. Mattocks Treasr-
£130 19 0
True Copy. jo- Fay Secy-
APPENDIX A
RESOLUTIONS OF CONGRESS HOSTILE TO VERMONT, DEC.
5, 1782, AND RELATED DOCUMENTS.
The action of Congress on the Vermont question was given in Vol. n,
appendix II, to May 21st 1782. At that date a report of a committee
was pending which declared that, by the resolutions of Vermont of Feb.
23 1782, x " the conditional promise and engagement of Congress," con-
tained in the resolutions of that body of Aug. 20 and 21 1781, as to the
admission of Vermont to the union, uis thereby become absolute, and
necessary to be performed ;" which report concluded with a resolution
recognizing the independence of the State, and raising a committee to
treat with the agents and delegates of Vermont as to the terms and
mode of her admission.2 Consideration of the question was not again
resumed in Congress until Nov. 5 1782, when a material change in the
temper of that body became manifest, which was due in part to the new
friends gained by New York through the acceptance by Congress in
October of her cession of western territory, and more, possibly, by Ver-
mont's rigid enforcement of her authority in September against the
insurrection of the adherents to New York in Windham county.
Alarmed by the action of Vermont in February, the legislature of
New York in April passed two acts, for pardoning certain offences, and
quieting the minds of the inhabitants of Vermont.3 April 26, a remon-
strance in behalf of the adherents to New York. in the towns of Brattle-
borough, Guilford and Halifax, was prepared by Charles Phelps of
Marlborough, which was accepted by the committees of these towns on
the 30th, and forwarded to Gov. Clinton by Daniel Shepardson. This
paper, styled a " petition " by Gov. Clinton, charged that the principal
men of Vermont were engaged in a treasonable correspondence with the
British commander and governor in Canada, and also that the Vermonters
had made an agreement to raise a force to be employed under British
pay for "the destruction of the liege subjects" of the United States; and
complained of the taxes which they were compelled by Vermont to pay,
and their consequent inconveniences and sufferings. They therefore
1 See Vol. ii, pp. 381, 383. 2 Same, pp. 388, 389. 3 Same, pp. 391-394.
232 Appendix A.
asked the New York government to authorize the raising and officering
of one regiment or more in the county of Cumberland, to be paid by New
York ; and also the appointment of such civil officers as were needful,
for the " good regulation " and " compleat protection " of the people. l
To this document Gov. Clinton replied as follows :
Governor Clinton to the Committee of Cumberland Comity.2
Poughkeepsie May 6th 1782.
Gentlemen Your Petition dated the 26th April last was presented to
me by M> Shepardson your agent in answer to which I would assure you
that as soon as the Council of appointment can be convened I shall use
my best endeavours that the requisite civil and military officers be
appointed for the Towns you represent agreable to your Request.
In the mean time I transmit you copies of two acts, passed by the
Legislature at their last Meeting, from which it will appear that altho'
the State is determined not to Relinquish it's Right of Jurisdiction to
the Country distinguished by the [name of] New Hampshire Grants
unless Congress should agreeable to our Act of Submission judicially
determine it not to be comprehended within our Boundaries, yet that
we are diposed to every measure for confirming the Inhabitants in their
Titles and Possessions as to Right of Soil and healing animosities, which
either Justice Expediency or even Generosity can dictate; and I would
wish that these Copies might be as diffusively and expeditiously dispersed
as possible throughout the whole of the Grants; as I flatter myself that
the Inhabitants will be thereby convinced that while we resolve to
maintain that authority which is essential to the Peace and Welfare,
not only of this State, but of the whole Confederacy, we never had it
in contemplation to deprive Individuals of their Property and that under
this Conviction every Cause of Jealousy will cease and the Inhabitants
will return to their allegiance to this State; and I would particularly
recommend in order that they may entitle themselves to the security,
with respect to their Title and Possessions, intended by one of the Acts,
that Agents or Deputies may be elected in the Towns conformadable
thereto and 1 pledge myself that Commissioners will be immediately
appointed and every other measure taken on the part of this State for
carrying the good intentions of the Legislature into effect.
It may not be improper for me to remind you that Congress by their
act of the 24th September 1779 expressly declare it to be the Duty of
the People inhabiting on the Grants to abstain from exercising any
Power over any Inhabitants who profess to owe allegiance to this State
and that this State ought to suspend executing its Law over any of the
Inhabitants except such as profess themselves to be its Subjects. This
State has during the whole of the Time since the Controversy was sub-
mitted to Congress hitherto strictly observed this Recommendation of
Congress; and should any Person under pretence of authority from the
assumed Government [of Vermont] attempt to enforce their Laws, you
will perceive that Resistance by force is in every point of view justifiable
and the Faith and Honor of Congress is pledged for your support.
You doubtless are apprised that there is the fullest Evidence of a
criminal and dangerous Intercourse between some of the Leaders in the
assumed Government and the common Enemy and this I trust will be
1 B. H. Hall's Eastern Vermont, pp. 420, 421.
2 From the Documentary History of New-York, quarto edition, Vol. 4.
p. 607.
Appendix A. 233
an additional Inducement with such who profess to be friends to the
Cause of America to interest themselves in prevailing with their fellow
citizens to return to their allegiance and by that means disappoint the
views of a Combination who from motives of self Interest and ambition
would enter info a league with the Enemy and sacrifice the Liberties of
their Country.
Should those overtures be rejected and prove ineffectual for the re-es-
tablishment of Peace and good Government and should Congress delay
or wholly decline to decide on the Question of Boundary, it is evident
that the State has no alternative left, but must necessarily have recourse
to compulsory means to maintain those Rights and enforce that author-
ity so essential to our future Peace and Security.
I am with great Respect & Regard Gentlemen Your most obed* serv*
Geo: Clinton.
To the Gentlemen of the Convention of Committees from the towns
of Brattleborough Guilford & Halifax in Cumberland County.
An act passed by the General Assembly of Vermont, February ses-
sion 1782, for the purpose of raising three hundred men for the ensuing
campaign, required an apportionment of the men to the several towns
in the State, south of Barnet, to be raised by the selectmen; and in case
any town neglected or refused to raise its quota, its selectmen were " di-
rected to hire such quotas, or any part thereof, as shall be wanting in
said town; and to issue their warrant to the sheriff of the county whereto
such town belongs, his deputy, or to the constable of such town, to be
levied on so much of the goods and chattels, or estate, of said inhabi-
tants (and to be sold at public vendue by said officer.) as shall be neces-
sary to pay such hired men, and satisfy all necessaiy charges arising
therefrom. Always provided, that no person shall be liable to pay said
cost, who voted to raise said men.''''1 The effect of the proviso was to put
the burden upon persons, whether tories or adherents to New York,
who were opposed to the raising of the troops; and this act Vermont
was prepared to enforce in the town of Guilford when the foregoing
letter from Gov. Clinton was received. A meeting of the adherents to
New York in Guilford was immediately called, by which the instructions
of Gov. Clinton were adopted, and a vote was passed " to stand against
the pretended State of Vermont, until the decision of Congress be
known, with lives and fortunes." The Vermont officers attempted to
execute the above cited act, and the adherents to New York successfully
resisted them.2 June 5 1782, Charles Phelps, James Clay, Eleazer Pat-
terson, Hilkiah Grout, Simon Stevens, Elijah Prouty, Michael Gilson,
Samuel Bixby, Daniel Shephardson, Hezekiah Stowell, Bethuel Church,
John Pannel, Nathan Fish, Joseph Winchester, and Daniel Kathan
were appointed, by New York, justices of the peace for Cumberland
County, and charged, among other things, to take notice of all attempts
to set aside the laws and ordinances of that State. At the- same time
1 Slade's State Papers, p. 447.
2 B. H. Hall's Eastern Vermont, pp. 420-426.
234 Appendix A.
officers for a battalion of six military companies in the towns of Brattle-
borough, Guilford, and Halifax were commissioned, to wit: Timothy
Church, Lieutenant Colonel Commandant, William Shattuck first Major,
Henry Evans second Major, and Joel Bigelow Adjutant.
June 19 1782, the General Assembly of Vermont passed " An act for
the punishment of conspiracies against the peace, liberty, and indepen-
dence of this State," which was designed to meet the exigency in Guil-
ford and vicinity;-1 and on the same day Isaac Tichenor was appointed
to visit the three towns for the purpose of explaining the proceedings of
Congress " to the disaffected, in a true light," and using his " utmost exer-
tions to unite the people in those towns " to the government of Ver-
mont;— thus endeavoring, by argument, to prevent the necessity of com-
pulsory measures. Eminent as were Tichenor's powers of persuasion,
he failed in this attempt; the disaffected were bent on resistance to Ver-
mont, and again appealed to Gov. Clinton.
June 21 the Vermont Assembly passed another " act empowering the
Governor to raise men to assist the Sheriffs."2
June 24th, six companies were authorized by New York, in the three
disaffected towns, and the officers of each were named, with Elislni
Fierce as Quartermaster. The commissions were forwarded by Charles
Phelps, who also bore two letters from Gov. Clinton, one to the conven-
tion of committees of the three towns, and the other to Col. Church, the
latter being in the spirit of the preceding letter of the 6th of May. Such
was Gov. Clinton's response.3
Aug. 14, Gov. Chittenden sent Ira Allen to Guilford and Brattlebo-
rough, to watch the motions of the adherents to New York, so to learn
when it would be necessary to execute the two acts of the General As-
sembly before cited. This mission proved to be in the nick of time.
On the 29th of the preceding month judgment had been rendered by
John Bridgman, a Vermont magistrate, against Col. Timothy Church,
the commander of the New York battalion. Execution was issued, and
on the 22d of August high sheriff Jonathan Hunt attempted to arrest
the colonel thereon, and was prevented by Church and his friends.
Sheriff Hunt then applied to the Governor and Council for an armed
posse to assist him in executing Vermont laws in Windham County.
Aug. 29 the Governor was authorized to raise two hundred and fifty men
for that purpose; and Sept. 2 Ethan Allen was commissioned as com-
mander of the military force. Sept. 8, 9, and 10, Allen executed his
commission thoroughly, and by the 19th the trials of the prisoners had
been completed by the Vermont court, by conviction and sentence of
most of them — some to banishment and confiscation, and others to pay
fines. The list of prisoners embraced those persons who had accepted
1 State Papers, p. 454.
2 Vt Historical Collections, Vol. II, p. 295.
3 Eastern Vermont, pp. 431, 432, 435-438.
Appendix A. 235
the civil and military commissions before noted; those who had resisted
Vermont's officers in Guilford in the preceding May; and those who had
resisted Sheriff Hunt on the 22d of August. Charles Phelps of Marl-
borough and Adjutant Joel Bigelow of Guilford escaped, and on the 11th
of September left the State for the purpose of acquainting Gov. Clinton
with the above recited proceedings.1 Having completed his mission.
Mr. Bigelow was sent home with the following letter:
Gov. Clinton to Joel Bigelow, Esq.2
Pokeepsie 15th September 1782.
Sir From the Conversation between us you are already apprized of
the Measures I have taken in Consequence of the Information I received
relative to the late outrage committed by the Inhabitants on the Grants
who oppose the Government of this State and you may be assured the
moment I am informed of the Effects of these Measures may produce I
shall communicate them to you. — Until the Result of the present appli-
cation to Congress I would as heretofore recommended [recommend] to
our Friends still to persevere in the Line of Conduct pointed out by the
Resolve of Congress in abstaining from all acts of Force and Violence
except when their immediate self Defence shall compel them to have
Recourse to resistance by Arms. At the same Time should the Govern-
ment of the pretended State continue to hold the Prisoners in Confine-
ment I would then think it justifiable and advisable that attempts should
be made for their Release, and if this cannot be effected then that an
equal number of the Insurgents should be taken & brought to this or
any other Place of Security in the State [of New York] where they can
be detained as Hostages for the security and Indemnity of the subjects
of this State whom they have made Prisoners of.
I am Sir your most obed1 Serv* Geo: Clinton.
Mr. Joel Biglow.
Deposition of Joel Bigalow.3
Duchess County ss. — Joel Bigalow of Guilford in the County of Cum-
berland in the State of New York, being duly sworn, deposeth that on
Monday last a number of armed men under the command and directions
of Ethan Allen came from the West side of the Green Mountains into
several Towns on the East side of the said Mountains, and in a hostile
and violent manner, and fired on and took and carried off prisoners a
number of persons Inhabitants of certain towns on the East side of said
Mountains, and who professed allegiance and subjection to this State of
New York. That the said Party, so commanded by the said Ethan Allen,
consisted as it is reported and as the deponent believes, of between two
hundred and four hundred men, and took and carried off the said Pris-
oners in order that the said Prisoners might be proceeded against and
punished under an act of the pretended State of Vermont passed in July
last and entitled " an Act for the punishment of conspiracies against the
Peace, Liberty, and Independence of this State." That the said Prison-
1 Eastern Vermont, pp. 438-458; Vt. Hist. Soc. Collections, Vol. n, pp.
295-297; Hiland Hall's Early History of Vermont, pp. 392-397.
2 Doc. Hist, of New York, Vol. 4, quarto, p. 008.
3 Ethan [Allen Papers, p. 379.
236 Appendix A.
ers to the number of about twenty, as the Deponent was informed and
believes, were conveyed to and confined in the Gaol at Westminster in
the said County of Cumberland. That for a day or two previous to the
said Irruption, the Deponent was informed and believes, Guards were
placed on the several roads leading from the West to the East side of
the said Mountains who stopped and detained all Persons going from the
West to the East side of the said Mountains to prevent any intelligence
being given to the Inhabitants on the east side of the said Mountains of
the said Irruption. That the Deponent, together with several others
Inhabitants of the said Town of Guilford to number of about forty-six,
assembled and determined to defend themselves against the said Party,
and with that view tired on a detachment, being on horseback: [it] re-
tired some distance and dismounted and in the night marched to attack
the Deponent and the others who were assembled with him, and as the
Deponent has been informed and believes, the said Ethan Allen ordered
the said detachment when they had so marched that they should give no
quarter to any persons who should oppose them; and that the said
Ethan Allen, as the Deponent was informed by credible persons who
had heard the said Ethan Allen, declared " That he would give no quar-
ter to Man, Woman, or child who should oppose him, that he would lay
it as desolate as Sodom and Gomorrah." And the deponent further saith
that as far as he knows and believes, the Inhabitants on the New Hamp-
shire Grants who profess allegiance to this State of New York have not,
from principle of obedience to the recommendations of Congress, in any
instance made use of any force or violence to compel such of the Inhab-
itants on the said District who profess allegiance to the said pretended
State of Vermont to renounce their allegiance or to submit to the Gov-
ernment or Authority of this State of New York, and that the said In-
habitants who so profess allegiance to this State of New York have not
by any act of force or violence interrupted or prevented the exercise of
any authority under the said pretended State of Vermont over such per-
sons as profess allegiance to the said pretended State. And the depo-
nent further saith that when he came from home on Wednesday he un-
derstood and believes that there were still on the east side of the said
mountains detachments of the said Party and for the purpose of taking
more prisoners or otherwise disturbing the public peace.
Joel Bigalow.
Sworn to this 15th day of September, 1782, before me,
Melancton Smith, Justice of Peace.
Sept. 16 1782, armed with the foregoing deposition of Bigelow, Gov.
Clinton wrote to the New York delegates in Congress, declaring it
"undeniably true" that the government of New York and its subjects
on the Grants had strictly adhered to the recommendation of Congress
" in abstaining from the exercise of any authority over persons professing
subjection to the pretended state of Vermont." He detailed the advice
which he wrote on the previous day to the adherents to New York in
Cumberland [Windham] county ; referred pointedly to what he deemed
the duty of Congress to be ; and concluded in these words :
From the spirit and determination of the inhabitants of several towns
on the east side of the mountains who have resolved to experience
every inconvenience rather than swerve from their duty and allegiance
to the state [of New York] until Congress declares the Grantsjiot to be
Appendix A. 237
comprehended within our boundaries, I am induced to believe this
[outrage] will lead to more serious consequences, for which, however, I
do not consider either the State or myself responsible.
In a private note he requested the delegates, " without mentioning
this intimation," to read his communication publicly in Congress when
the deposition should be introduced, concluding thus :
In a letter to you I can use a freedom which in an address immedi-
ately to Congress might be conceived rather derogatory to their dignity.
* * * * * X feel the honor of the State and myself hurt, that my
repeated applications to them [Congress] for a decision of the controversy
have been not only ineffectual but even unnoticed. You are fully
sensible of my situation, and of the condition of the State to assert its
rights, and 1 flatter myself you feel for our unfortunate fellow citizens
who are thus exposed to outrage and injury. I have, therefore, only to
add an earnest request, to use every means for inducing Congress to
attend to this very important business. The unfortunate people who
are now made prisoners by the insurgents [Vermont,] having in every
instance religiously adhered to the recommendation of Congress, con-
ceive they have a just claim to their protection, and consequently look
up to them for a speedy and effectual interposition for their relief. l
Sept. 20, the New York delegates in Congress wrote to Gov. Clinton,
expressing their trust that Congress would be induced to interpose
immediately ; and promising to exert themselves to the utmost for the
relief of the imprisoned adherents to New York, and for the adoption of
measures for the further protection of all such who resided in that
district of country.2
Sept. 27, Gov. Clinton wrote to Jonathan Hunt, the Vermont sheriff',
warning him of "the dangerous consequences" of his action ; and Mr.
Hunt shortly afterward resigned and Dr. Elkanah Day was appointed in
his place. On the same day Gov. Clinton wrote the following letter.8
Gov. Clinton to the Convention of Cumberland Co.*
Pokeepsie 27th September 1782.
Gentlemen You doubtless have been informed by Mr Biglow that I
immediately [Sept. 16] transmitted an account of the late Outrage com-
mitted by Ethan Allen, and others, on the subjects of this State and
Cumberland County to our Delegates at Philadelphia to be by them
communicated to Congress and requesting the immediate Interposition
of Congress for your Protection, and for the preservation of the public
Peace. I have this day received an answer from the Delegates which
Mr- Biglow has perused and from which it appears that altho there was
not sufficient Time when my Messenger left Philadelphia for the Con-
gress to come to any Determination on the Intelligence yet that there
was every Reason to believe they will immediately interpose and exert
their authority for your Relief and Protection and you may be assured
Abstract of and extract from George Clinton Papers, docs. 4761 and
4762, in Eastern Vermont, pp. 457, 458. ,
2 Eastern Vermont, p. 459. 3 Same, p. 260.
* Doc. Hist, of New York, Vol. 4, quarto, p. 609.
238 Appendix A.
that the moment I am favored with their Determination it shall be for-
warded to you. In the mean Time I will earnestly recommend to you
to persevere in the peaceable Line of Conduct which you have hitherto
observed and not to have recourse to Violence or Force unless when the
immediate Defence of your Person or Property render it necessary, and
by no means in order to avert the apprehensions which you experience
at present (and which I sincerely regret) to submit to the usurpation or
to swerve from your Duty or Allegiance.
I am Gentlemen with great Respect & Esteem your most obed* serv1
Geo. Clinton.
Addressed, To the Gentlemen forming a Convention of the Committees
of the Towns of Guilford, Halifax, Brattleborough, &c &c &c Cum-
berland County.
Gen. Jacob Bayley to Gov. Clinton.1— Extracts.
Newbury 30 September 1782.
Dr Sr— Ten Days since I had Inteligence which I depended upon
from IS1 Johns that the Enemy were moveing in force upon Lake Cham-
plain. * * Will not the Enemy try to destroy Alban}^ and Establish
Vermont this season as well to support Vermont in Opposition to Con-
gress as to Support and Establish the Extended Government of Quebeck
by the Quebeck Bill. It appears to me that Britton mean to Declair
the thirteen states Independant as soon as they can make them small,
and is it not our wisdom to see to it that we hold at least to forty live
Degrees N: Latitude. 1 wish I had time and a Capasity to write Mat-
ters as I think they stand with Britton Vermont and the United States.
Sure I am that Congress are or have been Imposed upon by Vermont
and much deceived by them and the world will soon see it. I have said
and wrote every thing in my power but in vain. * * * Am Happy
that I may Subscribe myself your Excellencys most Ob*- Humb1 Serv1-
Jacob Bayley.
His Excelleyicy Gov. Clinton.
P. S. This Minute I have Certain Intiligence that the Enemy are
determined to destroy Albany this fall, that Vermont will make a great
Noise by calling in the Militia &c, but you may depend it will not be to
oppose the Enemy but to deceive the popolous [populace] and prevent
the Militia from assisting you. J. Bayley.
This was communicated to Congress by Gov. Clinton, with an " Ex-
amination " of Jeremiah Snyder, a prisoner returned from Canada, from
whom Gen. Bayley received his information.
Gen. John Sullivan to Maj. Gen. Lord Sterling. — Extracts.2
Keen in New Hampshire October 4th 1782.
My Lord, — I take the Liberty of informing your Lordship that last
Evening arrived in this town one Capt: Snyder who was taken near
Esopus about three years since and escaped from his confinement near
Montreal on the 10th of last month. He informs that the British Army
were encamped at Isle of Noix on their way to Albany, that their num-
a N. H. Grants, No. 40, Vol. 2, p. 327, in State Department, Wash-
ington.
2 N. H. Grants, No. 40, Vol. 2, p. 333.
Appendix A. 239
ber consisted of four thousand principally Germans; that the Indians
under Johnson were to move down Mohawks River and fall on Schenec-
tady at the same time that the Main Army was to attack Albany. He
adds that it was currently reported by their officers that the Inhabitants
of Vermont were to Join them on their arrival at Crown Point, of which
from other accounts there seems some reason to be apprehensive. * * *
It is difficult to conjecture what may be their [the enemy's] intentions,
possibly the plan for forming a junction of the two Armies on hudsons
River may be again in contemplation — but making a diversion in that
quarter to weaken General Washington and then bringing him to Ac-
tion is still more probable — there is indeed a possibility that their inten-
tions are to establish themselves on this side the Lake, secure and bring
over to their interest those inhabitants of Vermont who are ignorant of
the Measures of their Leaders, and may possibly attempt to make oppo-
sition when the plot is discovered. — Your Lordship I am convinced will
use every elfort to discover and frustrate their designs, whatever they
eventually may appear to be. I have the honor to be with the most
perfect Esteem your Lordship's most Obe* & very humble Servt:
Jn° Sullivan.
Major General Lord Sterling.
The supposed advantage, gained by the sharp discipline of Vermont,
was now to be pressed vigorously upon New York by her adherents in
Vermont, and by both upon Congress.
Sept. 22, Samuel Bixby of Halifax, a New York magistrate, sent
to Gov. Clinton an affidavit of Capt. Thomas Baker and Ensign David
Lamb.
The four chief offenders against Vermont, under sentence of banishment,
were released from prison on the 4th of October, taken across the line
into New Hampshire by deputy-sheriff Samuel Avery, who warned them
that they would incur the penalty of death if they ever returned to
Vermont. These were Timothy Church, William Shattuck, Henr)'
Evans, and Timothy Phelps, whose estates had been confiscated .by the
court. The committees of Brattleborough, Guilford, Halifax, and Marl-
borough met and set forth their version of the affair, which was presented
by Shattuck and Evans to Gov. Clinton on the 14th, and immediately
sent by him to the New York delegates in Congress, in the belief that
they could not fail of making an impression favorable to New York. In
the meantime, Charles Phelps had escaped the posse and presented the
grievances of his party to a committee of Congress on the 8th. On the
10th he presented a petition to Congress, asking for measures to secure
the return of his property. On the 15th the committee made a report,
stating the occurrences in Cumberland county. The report was accom-
panied by a substitute, and both resulted in still another report in part
by John Rutledge on the 22d, which recommended to the people of the
Grants to abstain from all measures tending to disturbance. This was
laid aside for further consideration. Oct. 23d, the deposition of William
Shattuck was presented to the committee. Shattuck and Evans appeared
at Philadelphia, and on the 28th of October presented a petition,
240 Appendix A.
rehearsing the history of the difficulties ; averring that fifty persons
having families had been driven from their homes and were wandering
about in the utmost distress, but who nevertheless refrained from retali-
ation ; and asking for aid and the restoration of their property. Congress
gave them no aid, and they with Charles Phelps, were a charge upon
the New York delegates.1 Three of the documents here referred to
were the following :
Thomas Baker and David Lamb's Affidavit*
Halifax, Sept. 9th, 1782.
We was taken prisoners here and carried to Guilford under a strong
guard and orders was given to march, and the Yorkers fired upon a
party; and there was a request made to Col. Ethan Allen that if any of
his men were fired at and killed, for to kill as many of the Prisoners.
What answer he gave we can't tell, but he gave general orders that if
any party discovered themselves and fired upon them, to give no quar-
ters, but kill them if they could. These were the orders that we marched
under up to Westminster Gaol, and there [were] confined five days with
a strong guard round the Gaol. Four of the prisoners came to trial
[and] plead not guilty, viz. Timothy Church Col., William Shattuck First
Major, Henry Evine [Evans] Second Major, Timothy Phelps high
sheriff. Their sentence was to be in prison till the 4th of October and
then to be banished out of the State and their Estates confiscated, and
if they ever return back to suffer Death. And then there was five more
that came to trial which had large fines; and then we was taken out of
Gaol and marched to Marlborough for our trials and was fined; one of us
was fined 7£ 15s 6, and the other of us £7, which we had to give our
obligations for; and we was prisoners 11 days' [in] which we had but
four meals of victuals allowed us for the time. And further Ethan Allen
said that he could go to Albany and be head monarch if he had but
orders in three weeks, and he had a good mind to do it; and further
Allen God damned Clinton over and over from time to time. The
state's attorney further saith that we was deceived by Congress, we de-
pended upon a decisive resolution from them, because that he talked with
three of the members; they told him it was not Vermont's policy to
come into union with the thirteen United States, and that they did de-
termine not to have any thing to do with Congress, for they had strength
enough to defend their State and policy enough to regulate their laws
of the State. Capt. Thomas Bakek.
Ensign David Lamij.
The evidence appeared before me and swore to the within written
facts. Saml. Bixby, Justice of Peace.
Halifax, September the 22d, 1782.
1 Eastern Vermont, pp. 460-4C8. Folwell's edition of the journals of
Congress does not give these matters, and the editor has given the dates
from B. H. Hall's Eastern Vermont, and Hiland Hall's memoranda from
Committee-Book No. 18G of the Continental Congress. In two instances
the dates differ in the two statements by one day. The dates above are
from the Committee-Book.
2 Ethan Allen Papers, p. 379.
Appendix A, 241
Copy of Majors Shattuck and Evans's Depositions.1
State of New York, ss.— William Shattuck, of the County of Cumber-
land, in the State of New York, esquire, being duly sworn saith, that
on the 9th day of September last he was taken at his own house in Hal-
ifax in the said County by a number of armed men under the command
of a certain Walbridge, styling himself a Colonel under the usurped
Government of Vermont, and carried to Guilford in said County, where
he was delivered up to Ethan Allen, whom it appeared had the General
direction of the Party; from whence the deponent, with several other per-
sons who were also taken by the said party, were sent under the care of
a strong guard to the common Gaol of the said County of [Cumberland
at] Westminster; that the deponent, a Charles, [Church,] Henry
Evans, and Timothy Phelps, esquires, were confined in the ^aid Gaol for
the space of twenty-five days, to wit from the said 9th day of September
until the 4th day of October following. During his confinement a court
was convened at Westminster aforesaid under the authority of the said
usurped government of Vermont, before which he and the other three
persons above mentioned were tried and convicted, they sentenced to be
banished out of the said pretended State and their Estates to be seized
and sold as forfeited, which sentences have since been carried into ex-
ecution as to the banishment of their persons and the seizure and sale
of their personal properties respectively. And the deponent has heard
and believed that his lands and that of the other three persons above
mentioned are now advertised and are to be sold in pursuance of the
said sentence on the 25th day of this present month. That besides the
deponent and the other three persons above mentioned, there were six-
teen other persons taken and imprisoned by the said party under the
direction of the said Ethan Allen, who were also tried by the said Court
and sentenced to fines and other grievous punishments. The Deponent
further saith that he and the other persons, so taken as aforesaid, were
subjects of the State of New York and owed and professed allegiance to
the government of the said State. That according to the best of his
knowledge and belief, they had not, nor had either of them, from prin-
ciples of obedience to the recommendations of Congress, made use of
any force or violence to compel such of the Inhabitants on the District
called the New Hampshire Grants who profess allegiance to the said
usurped government to renounce their allegiance thereto or to submit
to the Government or authority of the said State of New York, or by
any act of force or violence interrupted or prevented the exercise of any
authority under the said pretended State of Vermont over such persons
as professed allegiance thereto. And this Deponent farther saith that
the only charges exhibited against him and the other three persons above
mentioned, who were tried by the said Court and sentenced to be banished
as aforesaid, were for holding Commissions under the State of New
York and being commitee-men, which the said Court termed conspir-
ing and attempting an Insurrection, Invasion and Eebellion against the
said pretended State.
And the deponent also farther saith, that while he was a prisoner as
aforesaid, Ethan Allen, in conversation with this Deponent, advised and
endeavoured to persuade this Deponent to renounce his allegiance to the
State of New York and join Vermont, and among other arguments
made use of by the said Allen for this purpose, he told him that Congress
had no right to pass any resolutions respecting Vermont to prohibit
them from exercising authority over any persons within the District
1 Ethan Allen Papers, p. 385.
17
242 Appendix A.
they claimed jurisdiction over; that they (Congress) never intended to
enforce their resolutions on that subject; that the British never intended
to wage war against Vermont; [that Vermont] had at first taken up
arms against the British, but it was the sin of their Ignorance and that
would be winked at; that if they (meaning, as the Deponent understood,
those residing on the New Hampshire Grants who profess allegiance to
the State of New York, and those who are subject to the said usurped
Government of Vermont.) would be united, they might make indepen-
dent fortunes, while the thirteen united States were quarrelling among
themselves and becoming bankrupts; that Congress would be glad if
they were to settle a neutrality with the enemy. That while the depo-
nent was confined in Gaol as aforesaid, he was informed and believes
that when Allen came out with the party who captured the Deponent
and the other persons above mentioned, overtures were made by the
Leaders of the usurped Government of Vermont to the British in Can-
ada, to send parties against the frontiers of New York to call off the
attention of the State from giving relief to the deponent and the other
subjects of the said State who were captured by Allen in Cumberland
County aforesaid. And further this Deponent saith not.
William Shattuck.
Sworn before me this 4th Oct. 1782.
Melancton Smith, Justice of Peace.
Henry Evans, Esqr- of the County of Cumberland, being sworn,
deposeth and saith, that the whole of the foregoing deposition is the
truth to his knowledge, except so much as relates to the conversation
the aforesaid Ethan Allen had with William Shattuck, Esq. respecting
the adherents [to] the said pretended State of Vermont having an
opportunity of making Independent fortunes while the United States
were quarrelling and become bankrupts, which he did not hear. And
further this deponent saith not. Henry Evans.
Sworn before me loth Oct. 1782.
Melancton Smith, Justice of Peace.
I certify the foregoing to be true copies of the originals tiled in Gov.
Clinton's office. Robt. Benson, Secy.
Proceedings of the General Assembly of Vermont, October
16-24 1782. »
October 16 1782.
On motion made by Mr- Smith, Resolved that tomorrow morning nine
o'clock be the time for choosing Agents or Delegates for Congress if it
should be judged expedient — and that the Governor and Council be no-
tified and requested to attend accordingly. — Ordered that Mr- Bradley
and E. Robinson notify the Governor & Council of the aforesaid Reso-
lution.
October 17 1782.
On motion made, Resolved that this House will join the Governor and
Council in a Committee of the whole to take under consideration the
expediency of choosing Agents and Delegates to attend the Congress of
the United States. — The House accordingly joined — and after some time
spent therein the Committee of the whole adjourned.
1 From the Assembly Journal.
Appendix A. 243
The adjournments were from time to time until the business had been
completed, the record of the Committee of the Whole being as follows:
" Manchester 17th Oct*- 1782.
" The Governor & Council joined the General Assembly in a Com-
mittee of the whole to take into consideration the expediency of chus-
ing persons to attend the Congress of the United States.
" Upon motion of Gen1- Enos, Resolved that it is expedient to choose
persons to attend Congress to transact the business of this State, if
necessary.
"Voted to choose four agents for the purpose aforesaid immediately —
whereupon made choice of the honble Moses Robinson, Paul Spooner,
Ira Allen, Jonas Fay, Esquires.
" Adjourned until 2 °Clock afternoon.
" 2 °Clock P. M.
" On motion made by Col0- Lyon, Resolved that a Committee of tive
be appointed to draw instructions to the Agents to Congress.
" The following persons were chosen, viz. — Mr- A. Curtis, [probably
Abel, of Norwich,] Gen1- Safford, Col0- Brownson, Mr- Chipman, [prob-
ably Nathaniel,] and Mr- Porter.
"•Adjourned until tomorrow morning 10 °Clock.
"Oct'- 18th- 1782.
"The Sub-Committee brought in their Report which being read — Re-
solved that the same be recommitted to the same Committee to draw
other instructions.
" Then adjourned until 3 °Clock P. M.
" Met according to adjournment.
"The Sub-Committee brought in the following Report, viz. —
" To the honble Committee of both Houses —
"Your Committee appointed to give instructions to Agents to Con-
gress beg leave to Report —
" That the said Agents or any two of them be vested with powers as
plenipotentiaries to negotiate the admission of this State into the Fed-
eral Union of the United States and to agree upon and ratify terms of
Confederation and perpetual union with them in behalf of this State
whenever opportunity shall present therefor — and that his Excellency
the Gov1"- be requested to commissionate them accordingly.
uTim°- Brownson, Chmn-
"The aforesaid Committee likewise brought in the following, viz. —
" Private Instructions to the Honble Moses Robinson, Paul Spooner, Ira
Allen and Jonas Fay Esqrs- Agents elected to negotiate the admission of
the State of Vermont into the Confederation of the United States.
" Gentlemen — You will any two of you when you shall be directed by
the Governor and Council repair to the American Congress and are to
consider yourselves as Plenipotentiaries invested with full powers to agree
on terms upon which this State shall come into union with the United
States of North America— and in case of such agreement, in behalf of
this State to sign and ratify articles of federal union with the United
States. But you will make it a condition not on any account to be dis-
pensed with, that this State be admitted free from arrears of the Conti-
nental Debt already assumed, this State discharging its own debts — and
if this should be rejected by those with whom you are to treat, you will
endeavour to obtain the conditions on which this State may be admitted
and lay the same as soon as may [be] before your Constituents.
"Tim0- Brownson, Chmn-
244 Appendix A.
"The aforesaid Instructions were read and agreed to by the Committee
[of the whole] and ordered to be reported to the Legislature.
"On motion made by Mr- Tichenor, Resolved that Col0. Allen, Mr Tiche-
nor, Mr Chipman and Judge [Moses] Robinson be a Committee to draw
a letter to his Excellency the President of Congress acquainting him
with the measures taken by this State respecting the late disturbances
in Windham County.
" The Committee [of the whole] then dissolved.
"Attest, Micah Townsend, Glk-"
October 21, 1782.
That part of the Report of the Committee of the whole giving
Instructions to the Agents to Congress was read twice and approved by
the House — And the Yeas and Nays being required bj Mr A. Curtis
[probably Abel,] on that part of the Report investing them with Pleni-
potentiary power, they stand as follows, viz. —
Yeas— Mr Ormsby, Mr- Bull, Mr- Fassett, Mr- Lyon, Mr- Strong, Mr
Baldwin, Mr- Amos Curtis, Mr M. Robinson, [of Rupert,] Mr Hick-
cock, Mr- Speaker, [Increase Moseley,] Mr Drury, Mr- Butterfield, Mr-
Lock, Mr Aiken, Mr Norton, Mr Spear, Mr- Strong, Mr- Stebbins, Mr
Mattocks, Mr Whipple, Mr Willard, Mr- Edgerton, Mr Ward, Mr Wat-
son, Mr Moulton, Mr Rowlee, Mr- Murray, Mr- Merriman, Mr Under-
wood, Mr- Sabin, Mr Willson, Mr- Kathan, Mr. Wait, Mr- Simons, Mr
Cottle, Mr- Gilbert, Mr- Lovewell.
Nays — Mr- 1. Robinson, [Capt. Ichabod, of Shrewsbury,] Mr- Hunt,
Mr Hamilton, Mr Smalley, Mr E. Robinson, [Col. Elijah, of Weathers-
tield,] Mr Abel Curtis, Mr Parkhurst, Mr- Beeman, Mr Chipman, M1-
Taylor, Mr- Olcott, Mr- Hazen, Mr- Murdock, Mr- Carroll, Mr- Freeman.
Yeas 37 — Nays 15, — So it was carried in the affirmative.
The Committee to whom was refered the stating of fees of Agents to
Congress, Auditors of accts- &c. brought in the following Report, viz. —
"That it is our opinion that the Agents for Congress be allowed ten
shillings per day exclusive of expences — and that the Auditors of
accounts, Committee of Pay-Table, and Revisers of the Laws be allowed
twelve shillings pr- day they bearing their own expences.
"Saml- Fletcher, for Comtee>"
The aforesaid Report was read and accepted.
October 24 1782.
The Committee to whom was refered the consideration of the disturb-
ances in the County of Windham brought in the following Report —
whereupon
Resolved that the present Sheriff' of the County of Windham be and
is hereby directed to make sale of the estates in said County lately con-
fiscated to the use of this State agreeable to an execution from the honble
Superiour Court directed to the late Sheriff — that he accept for pay Due-
Bills, Pay-Table Orders, or hard money. That the said Sheriff be and
is hereby further directed to proceed as soon as may be to the sale of so
much of the estates of those persons that were indicted by the grand
Jurors of said County to pay the expence of the Posse Comitatus — that
the Sheriff take the advice of the principle [principal] men of the County
and endeavour to levy such expence in proportion to the crimes and
abilities of such delinquents and that he receive and pay out due-Bills,
Pay-Table orders or hard money.— [See Yol. ii, pp. 161-163, and books
there referred to.]
Resolved that the Governor and Council be and are hereby requested
to issue a Commission to Ira Allen Esqr- Surveyor General for the pur-
Appendix A. 245
pose of making a complete survey and chart of the State under such
directions as the Legislature or the Governor and Council in their recess
shall from time to time direct.
Proceedings in Congress Relating to Vermont, Nov. 5 to
Dec. 5 1782.
Tuesday, November 5, 1782. l
On the report of a committee, consisting of Mr. Montgomery, Mr.
Bland, Mr. Carroll, Mr. Dyer and Mr. Witherspoon, to whom were re-
ferred a letter of the 16th of September last, from governor Clinton, a
deposition of Joel Bigelow, and a memorial of Charles Phelps, with
sundry papers therein enclosed and referred to:2
Congress took into consideration the report of the committee, consist-
ing of Mr. Clymer, Mr. Carroll, Mr. Clark, Mr. Livermore and Mr. Law,
as entered on the journal of the 17th of April last: and the resolution
proposed by this committee being read and debated,3
A motion was made by Mr. Howell [of R. I.,] seconded by Mr. Dyer
[of Conn.,] to postpone the consideration of the resolution proposed by
the committee, in order to consider the following proposition:
" That the preliminary required of the people, inhabiting the territory
called Vermont, by a resolve of the 20th of August, 1781, as indispens-
ably necessary to the recognition of their independence, lias been com-
plied with on their part.1'
A division was called for, and on the question to postpone the con-
sideration of the resolution proposed by the committee, and the yeas
and nays being required by Mr. Duane,
New Hampshire, Mr. Oilman,
ay)
Delaware,
Mr. McKean,
Mr. White,
ay \
ay
Mr. Whaiton,
Massachusetts,
Mr. Osgood,
™j\
*
Maryland,
Mr. Carroll,
Jihode- Island,
Mr. Arnold,
ay I
Mr. Hemsley,
Mr. Howell,
ay )
ay
Virginia,
Mr. Madison,
Connecticut,
Mr. Huntington
ay\
Mr. Bland,
Mr. Dyer,
ayS
ay
North CaroHna,Mr. Nash,
New- York,
Mr. Duane,
no /
Mr. Blount,
Mr.L'Homiuedi
\,no \
no
South Carolina, Mr. Rutledge,
New- Jersey ,
Mr. Boudinot,
no }
*
Mr. Izard,
Pennsylvania,
Mr. Smith,
ay I
Mr. Gervais,
Mr. Wynkoop,
ay \
ay
ay)
ayS
ay
ay I
no \
divid
ed.
no )
ay)
divid
ed.
ay I
ayS
ay
ay)
ay\
ay
ay)
So it was resolved in the affirmative.4
1 From Journals of Congress, Folwell's edition, Vol. viii, pp. 6-24.
2 Both B. H. and Hiland Hall agree in stating that Phelps waited upon
Congress against Gov. Clinton's wishes; and H. Hall describes the me-
morial above referred to as " setting forth in his peculiar, involved and
inflated language, the grievances of himself and political friends." For
these reasons the editor has not attempted to procure a copy of the me-
morial.—See Eastern Vermont, p. 460; and Early History, p. 411.
3 For report and resolution, See Vol. n, pp. 388, 389.
4 This vote shows seven States in the affirmative, one in the negative,
two divided, and two not counted. Georgia not represented. In view
of the fact that the severe treatment of the adherents to New York by-
Vermont was known to Congress, this vote indicates that a majority in
that body was at that time disposed to quiet disorder and disagreements
246 Appendix A.
Thursday, November 14, 1782.
The committee, consisting of Mr. Rutledge, Mr. Osgood and Mr. How-
ell, to whom was referred part of the report of a committee on governor
Clinton's letter of the 16th of September, and petitions of Charles Phelps,
William Shattuck and Henry Evans; report,
That the measures complained of in the papers above-mentioned were
probably occasioned by the state of New-York having lately issued
commissions, both civil and military, to persons resident in the district
called Vermont: and therefore the committee submit the following
resolves:
1st. Tnat it be recommended to the state of New- York to revoke all
commissions, either civil or military, which have been issued by the
said state since the month of May last, to persons residing in the district
called Vermont, as described in the resolves of the 7th and 20th of
August, 1781.
lid. That it be recommended to the persons exercising the powers of
government within the said district, to make full and ample satisfaction
to Charles Phelps, William Shattuck and Henry Evans, and to all others
in a similar predicament, for the damages which they have sustained in
person and property, in consequence of the measures taken against them
in the said district, and to suffer them to return to their habitations, and
to remain unmolested in the district aforesaid.
3d. That it be recommended to the state of New-York, and to the
persons exercising the powers of government within the district afore-
said, to adhere to the recommendations of Congress contained in their
resolve of September 24, 1779,2 until a decision shall be had by Congress
on the subject referred to them by the said state of New-York and the
said district of Vermont.
On the question to agree to the first resolution, the yeas and nays
being required by Mr. Duane, Rhode Island voted aye; New York,
Delaware, Maryland, North Carolina and South Carolina, no ; New
Hampshire was divided ; and Massachusetts [aye,] and New Jersey [no,]
not counted. So the question was lost.
in Vermont by recognizing it as a State. It is obvious, however, that
the votes of the nine States required for such a recognition could not
then be had. On the day the above vote was taken, Mr. Madison wrote
as follows, on the effect upon Vermont of the acceptance by Congress,
Oct. 29 1782, of New York's cession of western lands to the United Slates:
Besides the effect which may be expected from the coalition [of sundry
States] with New York, on territorial questions in Congress, it will, I
surmise, prove very unfriendly to the pretensions of Vermont. Duane
[of New York,] seems notunapprized of the advantage which New York
has gained, and is already taking measures for a speedy vote on that
question. Upon the whole, New York has, by a fortunate coincidence
of circumstances, or by skillful management, or by both, succeeded in a
very important object; by ceding a claim, which was tenable neither by
force nor by right, she has acquired with Congress the merit of liber-
ality, rendered the title to her reservation more respectable, and at least
damped the ardor with which Vermont has been abetted.1
1 Madison Papers, Vol. I, p. 470.
2 See Vol. II, pp. 183-185.
Appendix A. 247
A motion was then made by Mr. Duane, seconded by Mr. L'Homme-
dieu, that the second resolve be committed, which was also lost — ayes 5,
no 1, [Rhode Island;] divided 1; not counted 3 states.
A motion was then made by Mr. M'Kean, seconded by Mr. Duane,
that the remainder of the report be postponed, which was also lost —
ayes 6, no 1, [Ehode Island;] divided 3 states. The votes of seven states
were required to make a majority.1
Monday, November 25, 1782.
Mr. Alexander Hamilton, a delegate for the state of New York, at-
tended, and produced a commission under the great seal of the state,
dated at Poughkeepsie, the 25th of October, 1782, which was read.2
Tuesday, December 3, 1782.
Report mentioned November 14, in regard to Vermont, called up by
Mr. McKean [of Delaware] and postponed on his motion, to make way
for a set of resolutions declaring that, as Vermont in contempt of the
authority of congress and their recommendations of 1779, exercised ju-
risdiction over sundry persons professing allegiance to the state of New
York, banishing them and stripping them of their possessions, the for-
mer be required to make restitution, &c. ; and that, in case of refusal or
neglect, Congress will enforce the same. This proceeding seems to have
been on the application of Phelps and others, exiles from Vermont.
Mr. Clark of New Jersey and Mr. Howell of Rhode Island were opposed
to force. Mr. Carroll [Daniel Carroll of Maryland,] on this occasion in-
formed Congress he had changed his opinion'in regard to Vermdnt, un-
der the belief that " the governing party in Vermont were perfidiously
devoted to British interests" — referred" to Gen. Whipple of N. H. as
1 Mr. Madison thus noted the day's debate :
The report, which ascribed the evils prevalent in that district to a late
act of New York which violated the recommendation of Congress of
1779, was generally admitted to be unjust and unfair, as Vermont had
uniformly disregarded the recommendation. Mr. Howell [of Rhode
Island] was the only member who openly supported it. The New York
delegates denied there had been any violation on their part. The tem-
per of Congress on this occasion, as the yeas and nays show, was less
favorable to Vermont than on any preceding one- -the effect probably of
the territorial cession of New York to the United States.— Madison Papers
Vol. i, p. 198.
2 A letter was read from the lieutenant-governor of Rhode Island, con-
taining evidence that some of the leaders in Vermont, and particularly
Luke Nolton [Knoulton,] who had been deputed in 1780 to Congress as
an agent for that party opposed to its independence, but who had since
changed sides, had been intriguing with the enemy in New York. The
letter was committed.— Madison Papers, Vol. I, p. 206.
Debate, Nov. 27, on report of committee on Knoulton's case. The
question of sending a military force to Vermont attended to, and a coun-
ter proposition was to notify the authorities of Vermont, &c. In the
course of the debate, Mr. Clark informed Congress that the delegates
of New Jersey could not vote for any act which might oppose force to
the authority of Vermont, the legislature of that state having so con-
strued the resolutions of 7th and 20th of August as to be incompatible
therewith, and accordingly instructed their delegates. — Madison Papers
Vol I, pp. 209-212. '
248 Appendix A.
confirming that view. The proceedings on this subject evinced still
more the conciliatory effect of the territorial cession of New York on
several states, and the effect of the scheme of an ultra-montane state
within Pennsylvania, on that state. The only states in Congress which
stood by Vermont, were Rhode Island, which is supposed to be inter-
ested in lands in Vermont, and New Jersey, whose delegates were un-
der instructions. — Madison Papers, Vol. I, pp. 214, 215. 1
Thursday December 5, 17S2.2
Congress resumed the consideration of the report of the committee,
on the report of a committee on governor Clinton's letter of the 16th of
September, &c. as entered on the journal of the 14th of November last;
and the same being postponed,
1 The instructions of the Legislature of New Jersey were as follows:
To the Hon1 Elias Boudinott, John Witherspoon, Abraham Clark, Jona-
than Elmer and Silas Condit, Esquires, delegates representing this
state in the Congress of the United States.
Gentlemen: Application having been made to the legislature for in-
structions on the important subject of disputes subsisting between the
states of New York, New Hampshire and the people on the New Hamp-
shire Grants, styling themselves the state of Vermont, which is under
consideration of congress, they are of opinion (as far as they have docu-
ments to direct their inquiry) that as the competency of congress was
deemed full and complete at the passing of the resolutions of the 7th and
20th of August, 1781, (each of those states having made an absolute refer-
ence of the dispute to their final arbitrament), those acts may be sup-
posed to be founded on strict justice and propriety, nine states having
agreed to the measure, and that great regard might be had to any deter-
mination of congress, when no new light is thrown upon the subject, or
weighty matters occur to justify a reversion of such their decision, and
more especially, as it appears that the people on the New Hampshire
Grants, have, by an act of their legislature, on the 22d of February last,
in every instance complied with the preliminaries stated as conditional
to such guarantee.
The legislature taking up the matter upon general principles are fur-
ther of opinion, that congress considered as the sovereign guardians of
the United States, ought at all times to prefer the general safety of the
common cause to the particular separate interest of any individual state,
and when circumstances may render such a measure expedient, it ought
certainly to be adopted.
The legislature know of no disposition in congress to attempt to reduce
the said people to allegiance by force, but should that be the case, they
will not consent to the sending any military force into the said territory
to subdue the inhabitants to the obedience and subjection of the state or
states that claims their allegiance.
They disclaim every idea of imbruing their hands in the blood of their
fellow citizens, or entering into a civil war among themselves at all times,
but more especially at so critical a period as the present, conceiving such
a step to be highly impolitic and dangerous.
You are therefore instructed to govern yourselves in the discussion
of this business by the aforesaid opinions, as far as they may apply
thereto. — H. Hall's Early History of Vermont, p. 504.
2 Journals of Congress, EolwelPs edition, Vol. vni, pp. 21-24.
Appendix A. 249
A motion was made by Mr. McKean, seconded by Mr. Hamilton, in
the words following:
Whereas it appears to Congress, by authentic documents, that the peo-
people inhabiting the district of country on the west side of Connecticut
river, commonty called the New-Hampshire Grants, and claiming to be
an independent state, in contempt of the authority of Congress, and in
direct violation of their resolutions of the 24th of September, 1779, and
of the 2d of June, 1780, did, in the month of September last, proceed to
exercise jurisdiction over the persons and properties of sundry inhabi-
tants of the said district, professing themselves to be subjects of, and to
owe allegiance to the state of New York, by means whereof divers of
them have been condemned to banishment, not to return on pain of
death and confiscation of estate, and others have been fined in large sums
and otherwise deprived of property; therefore,
Resolved, That the said acts and proceedings of the said people, being
highly derogatory to the authority of the United States, and dangerous
to the confederacy, require the immediate and decided interposition of
Congress, for the protection and relief of such as have suffered by them,
and for preserving peace in the said district, until a decision shall be had
of the controversy, relative to the jurisdiction of the same:
That the neople inhabiting the said district, claiming to be indepen-
dent, be, and they are hereby required, without delay, to make full and
ample restitution to Timothy Church, Timothy [Charles] Phelps, Henry
Evans, William Shattuck, and such others as have been condemned to ban-
ishment and confiscation of estate, or have otherwise been deprived of
property since the first day of September last, for the damages they have
sustained by the acts and proceedings aforesaid; and that they be not
molested in their persons or properties, on their return to their habita-
tions in the said district:
That the United States will take effectual measures to enforce a com-
pliance with the aforesaid resolutions, in case the same shall be dis-
obeyed by the people of the said district:
That no persons holding commissions under the state of New York,
or under the people of the said district claiming to be independent, ex-
ercise any authority over the persons and properties of any inhabitants
of said district, contrary to the forementioned resolutions of the 24th of
September, 1779, and the 2d of June, 1780.
That a copy of the foregoing resolutions be transmitted to Thomas
Chittenden, Esq., of Bennington, in the district aforesaid, to be commu-
nicated to the people thereof.
A motion was made by Mr. Howell [of R. I.,] seconded by Mr. Clark
[of N. J.,] to strike out the following clause: "That the United States
will take effectual measures to enforce a compliance with the aforesaid
resolutions, in case the same shall be disobeyed by the people of the
said district."
A motion was made by Mr. Madison, seconded by Mr. McKean, that
the question for striking out the clause be postponed, until a question is
taken on a motion for amending a previous part of the motion, by strik-
ing out the words " and dangerous to the confederacy, require the imme-
diate and decided interposition of Congress," and in lieu thereof, insert-
ing "interposed in pursuance of the act passed on the day of
[November 1779] by the state of New Hampshire, and the act passed on
the [21st] day of [October 1779] by the state of New York, two of the
states claiming the same, and for the purpose of preserving the peace
and interests of the confederacy require immediate and effectual meas-
ures:"
250 Appendix A.
And on the question for postponing, the yeas and nays being required
by Mr. Howell, New York, Pennsylvania, Delaware, Virginia, North
Carolina, and South Carolina voted aye; New Hampshire and Rhode
Island voted no ; New Jersey was divided, and Massachusetts [one vote
aye] not counted. Six states not being a majority, the motion was lost.
On the question, shall the clause moved to be struck out stand, the
yeas and nays being required by Mr. Howell, New Hampshire, New
York, Pennsylvania, Delaware, Virginia, North Carolina, and South
Carolina voted aye; Rhode Island and New Jersey voted no; and Massa-
chusetts [one vote aye] was not counted. So it was resolved in the
affirmative by the vote of seven states.
The motion for amending the former part of the original motion, as
above stated in the extract from the journal of Congress, was then made
by Mr. Madison, seconded by Mr. M'Kean, and on the question to agree
to the amendment, the yeas and nays being required by Mr. Howell,
New York. Pennsylvania, Delaware, Virginia, North Carolina, and
South Carolina voted aye; Rhode Island voted no. New Hampshire and
New Jersey were divided; and Massachusetts [one vote no,] and Mary-
land [one vote aye,] were not counted. Six States not being a majority,
the amendment was lost.
On the. question to agree to the original motion, the yeas and nays
being required by Mr. Howell, New Hampshire, New York, Pennsyl-
vania, Delaware, Virginia, North Carolina and South Caroliua voted
aye; Rhode Island and New Jersey no; Massachusetts and Maryland
each one vote aye, which were not counted. The resolutions were
therefore adopted by the votes of seven states.
The resolutions were adopted by the votes of New Hampshire and
New York notwithstanding the third resolution of Congress of Sept.
24 1779, which provided that " neither of the states " interested in the
Vermont question " shall vote on any question relative to the decision
thereof."1 Strictly considered, this vote did not involve a final decision
of the question of the independence of Vermont; but it was for the time
being a denial of that independence. Moreover the fact is to be noted
that, as Gov. Chittenden truly observed in the remonstrance of the Gov-
ernor and Council, Jan. 9 1783, the action of Congress on this occasion
was ex parte, Vermont having had no hearing on the case, either in com-
mittees or in Congress. Mr. Tichenor, the only representative of Ver-
mont named in this connection, did not reach Philadelphia until several
days had elapsed after the vote of Congress had been taken.
Dec. 10. Mr. Ramsay [of South Carolina] moved that the Secretary
of War, who was about to visit his family in Massachusetts, should take
Vermont in his way and deliver the resolutions of the 5th to Mr. Chit-
tenden—rejected. Mr. Gilman [John Taylor Gilman of New Hamp-
shire] moved that a day be assigned for determining finally the affair of
Vermont. The opposition made to the motion by Rhode Island, and
1 See Vol. ii, p. 184, section marked 11.
Appendix A. 251
the disagreement as to the day among the friends of the motion, pre-
vented a decision, and it was suffered to lie over.
Dec. 11. Mr. Wilson [of Pennsylvania] made a motion, referring the
transmission of the resolutions concerning Vermont, to the Secretary
of War in such words as left him an option of being the hearer without
the avowed sanction of Congress. The votes of Virginia and New York
negatived it. The president [Elias Boudinot of New Jersey] informed
Congress that he should send the resolutions to the commander-in-chief
to be forwarded.
Dec. 17, Vermont was again on the tapis in Congress. Its only advo-
cates were Ehode Island and New Jersey — the first interested, said Mr.
Madison, and the last bound by instructions. Mr. Tichenor had ar-
rived, probably on account of the turn in Congress unfavorable to Ver-
mont.
A letter was received, Jan. 15, 1783, from General Washington, en-
closing a certificate from Mr. Chittenden of Vermont, acknowledging
the receipt of the communication which Gen. Washington had sent to
him of the proceedings of Congress of the 5th December 1782. J
New York Delegates in Congress to Gov. Clinton. — Extract.2
Dec. 9 1782, William Floyd and Alexander Hamilton transmitted a
copy of the resolutions of Congress of Dec. 5, with an accompanying
letter; in which they thus wrote as to the resolutions:
You will judge [by the resolutions] of the present temper of that body
respecting the affairs of the Grants. We cannot however absolutely
rely upon the execution of the coercive part of them, if the matter
should require an exertion of force. Many who at a distance adopt very
decisive ideas might shrink from a measure replete with consequences
at least delicate if not dangerous. The principal advantage we promise
ourselves from these resolutions is that they will give a complexion to our
future deliberations on the subject and may induce Congress the more
readily to adopt some moderate medicine. It therefore becomes the
policy of the state to facilitate as much as lies in its power this object
by doing every thing (if any thing remains undone) that may tend to
conciliate the inhabitants of the Grants and to take away all motives of
opposition from the private interests of individuals in the other states.
It is to be recollected in particular that a considerable part of the army
is interested in grants of land to a large extent under the usurped gov-
ernment of Vermont. Much will depend upon their disposition in the
progress of the business, and it is therefore of primary importance that
they should be secured at all events. We apprehend there should be a
confirmation of titles unfettered by any conditions whatsoever. If any
are annexed by the acts of last winter [April] relative to the subject,
(which we do not find among our papers,) we take the liberty to suggest
that they will be worthy of the future consideration of the legislature.
We enlarge the less on these topics as we are persuaded the wisdom of
the legislature will distinguish and pursue the true line of policy upon
this occasion and will clearly perceive the propriety of moderation.
Wm. Floyd,
Alex. Hamilton.
1 Madison Papers, Vol. I. pp. 228-263.
a N. Y. Legislative Papers, concerning Vermont, No. 2457.
252 Appendiz A.
Gov. Clinton to Alexander Hamilton, Dec. 29 1782.— Extract. '
Considering the disposition heretofore discovered by Congress, on the
subject of our controversy with the grants, their resolutions [of the 5th,]
which you inclosed to me, though short of what we are justly entitled to,
exceed my expectations; and I am not without hope, if properly improved,
may be the mean of leading to a just and favorable issue. The idea of
many of the military being interested in the independency of Vermont,
in consequence of their having taken grants of land under them, I believe
is without foundation. There was a "period when the disposition of
Congress, formed on political expediency, appeared so favorable to the
independence of that district, as to have induced some gentlemen of Ihe
army to apply to the usurped government for grants. But when it was
discovered that they were intriguing with the common enemy the more
respectable characters withdrew their applications, and relinquished all
kind of connection with them; and even those who did not go so far, I
imagine conceive themselves perfectly secure under our late acts. If,
however, this should not be the case, any difficulty which ma}r be appre-
hended from it may be easily obviated; as I am persuaded the Legisla-
ture are disposed to every liberal act that may consist with the honor of
the State, and tend to facilitate a settlement of the dispute. There was a
time, not long since, when Congress had only to have spoken decisively
on the subject, and they would have been obeyed: nor do I believe the
time is yet past, if they could be convinced that Congress were in
earnest. But if force is necessary to carry their decision into execution,
the longer it is delayed the more force it will require. The misfortune
is, though I believe there are but few States that favor their indepen-
dence, some members of those who do, take great pains to encourage
the revolters in their opposition, by secret assurances that Congress will
not direct any coercive measures against them: and I am not without
my fears that this conduct will, in some measure, defeat the present
resolutions.
Renewed Insurrection in Windham County attempted.
The resolutions of Congress of the 5th December were communicated,
by a letter of Gov. Clinton dated the 23d, to the committees of the four
towns in Windham county most opposed to Vermont. He advised his
civil and military officers in Vermont to restrict themselves in the exer-
cise of their official authority to persons owning allegiance to New
York; and also that Church, Phelps, Evans, and Shattuck should make
up accounts of their losses and present them to Gov. Chittenden. Trust-
ing that the ma^s of the people of the county would return to the juris-
diction of New York, he assured protection to their property under the
acts of April 1781, or new acts if necessary, and exhorted them to be
watchful of the conduct of those who are disaffected to the liberties of
America.2
Evans, Church, and Shattuck had returned, the latter reaching home
on the 15th of December, to find Vermont proceeding against a neigh-
bor, Daniel Shepardson. Shattuck and friends agreed on the 17th to
protect Shepardson, but on the 18th learned that Vermont had re-arrested
1 Works of Hamilton, Vol. i, p. 324.
2 Eastern Vermont, pp. 472-474.
Appendix A. 253
Col. Church, who was then subject to the death penalty of the conspiracy
act. Shattuck then changed his plan, raised two companies, and
attempted to arrest and hold Col. Benjamin Carpenter, former lieutenant
governor of Vermont, as a hostage for Church. Failing in that, he did
seize, on the 20th, John Bridgman, one of the Vermont judges of the
county court. On the 21st, Bridgman was released on parole, to visit
Governor Chittenden and endeavor to procure the release of Col. Church.
These movements stirred up Col. John Sergeant of the Vermont militia
to bring out a force to suppress the new insurrection, but nothing came
of it but a truce until Feb. 1 1783, on condition either that Bridgman
should report himself as prisoner to the New York force or Col. Church
be released by the 2d of January. Gov. Chittenden would not release
Church, and Bridgman returned, when his parole was extended during
the pleasure of Gov. Clinton.
On being informed by Stephen R. Bradley of the arrest of Col. Church,
Gov. Chittenden indicated his firm purpose to maintain the authority of
Vermont against all opposition by the following reply:
Dec. 24 1782. — I received your letter with the prisoner, and approve
of your conduct. Have sent to Col. liobinson to call the superior court
immediately for his trial, and I hope and trust justice will be done him.
1 have sent twelve pounds powder agreeable to your request. As to
sending or ordering a standing force to Guilford, I had rather hang
them [the Yorkers] one by one, until they are all extirpated from the
face of the earth. However, 1 wait for the return of the officers that
commanded the posse (which will soon be) to send orders to the sheriff'
to collect the fines and cost, when, if they continue obstinate, a force
must accompany the sheriff' sufficient to silence them. I am not without
hopes that the consequences of Church's trial will have some good effect
on his connections.
Dec. 28, Col. Church petitioned the Vermont government for pardon
and forgiveness, and re-admittance to freedom and privileges. Jan. 17
1783, the Guilford committee wrote that Church would be hanged ; and
Feb. -6 Gov. Clinton himself informed a New York delegate in Congress
that Vermont had not complied and would not comply with the late
resolutions of that body ; and that they [the Vermonters] asserted that,
notwithstanding the threat of Congress, no coercive measures would be
pursued against them. Still he had assurances from the Guilford
committee that the majority of the people on the east side of the moun-
tain would renounce Vermont if Congress would protect them. On the
19th of January Major Evans [then at home unmolested] wrote : u I
am credibly informed that the Vermont authority over the mountain
holds Congress and all their resolves in scorn and contempt. The
Vermonters on this [east] side the mountain say they will adhere to
Congress though they should renouuce Vermont."1 Gov. Chittenden
^Eastern Vermont, pp. 417-481; Vt. Hist. Soc. Collections, Vol. n, pp.
313-315.
254 Appendix' A.
certainly was as firm against the threatened hostility of Congress as he
had been against the insurrectionists in Windham county. So far Evans
was right.
Hostility of Congress checked by the Remonstrance of Ver-
mont and the Interposition of Gen. Washington.
State of Vermont. In Council, Jan. 10th 1783.
On motion ordered that Col. Ira Allen & Thomas Tolman, Esqr- pre-
pare and complete the draught of a Remonstrance or Letter to the Pres-
ident of the Hon1- Congress, and lay the same before His Excellency the
Governor for his approbation and signature.1
Copy of a REMONSTRANCE of the Council of the State of Ver-
mont, Against the Resolutions of Congress of the 5th of December
last, which interfere with their internal Police. — Hartford: Printed
by Hudson & Goodwin, m.dcc.lxxxiii.
A Remonstrance, &e.
Bennington, January 9, 1783.
To his Excellency the President of Congress:
SIR —
"VOUR Excellency's letter of the 11th ult. inclosing an Act of Con-
•*- gress of the 5th of December last, I have duly received, and have
this day laid the same before the Council of this State, who agree in the
opinion, that the interference of Congress to controul the internal police
and government of this State, is a matter too serious and extensive in
its nature to be determined, without consulting the Legislative Author-
ity of the State, whose adjourned Session is to be attended on the sec-
ond Thursday in February next, at which time, I shall lay the same be-
fore them, and, as soon as may be, communicate to your Excellency their
determination on the premises. And in the mean time beg leave to lay
before Congress the following remonstrance against their said Act,
which is founded partly on a mutual agreement between Congress on
the one part, and the State of Vermont on the other, that the latter
should have been taken into the federal union of the United States, pre-
vious to the date of the passing of the said Act; and partly on the im-
propriety of the claim of Congress to interfere, in the internal govern-
ment of this State. And,
1st. Congress is reminded of their solemn engagements to this State,
in their public acts of the 7th and 21st of August, 1781, which were offi-
cially transmitted to the Legislature of this State, and are in the words
following:
By the UNITED STATES in Congress assembled, August 7, 1781.
Congress took into consideration the Report of the Committee, to whom was recom-
mitted their report on a letter of the 20th June, from the President of New-Hamp-
shire, together with a motion relative to the subject, and thereupon came to the fol-
lowing resolutions.
Whereas the States of New-Hampshire and New-York have submitted to Congress
the decision of the disputes between them, and the people inhabiting the New-Hamp-
shire Giants, on the west side of Connecticut river, called the State of Vermont, con-
1 This remonstrance, thus ordered on the 10th, probably had been pre-
viously prepared, as it was dated as of the 9th January, 1783.
Appendix A. 255
ceming their respective claims of jurisdiction over the said territory, and have been
heard thereon; and whereas the people aforesaid claim, and exercise the powers of a
sovereign independent State, and have requested to be admitted into the federal union
of the United States of America ; in order thereto, and that they may have an oppor-
tunity to be heard in vindication of their said claim,
Resolved, That a Committee of five be appointed to confer with such person or per-
sons, as may be appointed by the people residing on the New-Hampshire Grants on
the west side of Connecticut river, or by their representative body, respecting their
claim to be an independent State; and on what terms it may be proper to admit them
into the fcederal union of these States, in case the United States in Congress assem-
bled shall determine to recognize their independence, and thereof make report.
And it is hereby recommended to the people of the territory aforesaid, or their repre-
sentative body, to appoint an Agent, or Agents to repair immediately to Philadelphia
with full powers and instructions to confer with the said Committee, on the matters
aforesaid, and on behalf of the said people to agree upon, and ratify terms and arti-
cles of union and confederation with the United States of America, in case they shall
be admitted into the union. And the said Committee are hereby instructed to give
notice to the Agents of the States of New-Hampshire and New-York, to be present at
the conference aforesaid.
Resolved, That in case Congress shall recognize the independence of the said people
of Vermont, they will consider all the lands belonging to New-Hampshire and New-
York respectively, without the limits of Vermont aforesaid, as coming within the mu-
tual guarantee of territory contained in the articles of confederation; and that the
United States will accordingly guarantee such lands, and the jurisdiction over the
same, against any claims or encroachments from the inhabitants of Vermont aforesaid.
Extract from the minutes,
(Signed) CHARLES THOMSON, Sec'ry.
By the UNITED STATES in Congress assembled, August 21, 1781.
It being the fixed purpose of Congress to adhere to the guarantee to the States of
New-Hampshire and New-York, contained in the resolutions of the 7th instant,
Resolved, That it be an indispensable preliminary, in order to the recognition of the
independence of the people inhabiting the territory called the State of Vermont, and
their admission into the fcederal union, that they explictly relinquish all demands of
lands, and jurisdiction on the east side of the west banks of Connecticut river, and on
the west side of a line beginning at the north-west corner of the State of Massachu-
setts, thence by a line twenty miles east of Hudson's river, so far as said river runs
northerly in its general course, thence by the west bounds of the townships granted
by the late government of New-Hampshire to the river running from South-Bay to
Lake-Champlain, thence along the said river to Lake-Champlain, thence along the
waters of Lake-Champlain to the latitude of 45 degrees north, excepting a neck of
land between Missiskay-Bay and the waters of Lake-Champlain.
Extract from the minutes,
(Signed) CHARLES THOMSON, Sec'ry.
Confiding in the faith and honor of Congress in the foregoing resolu-
tions, and, in consequence of advice received in a letter from His Excel-
lency General Washington dated the 1st of January, 1782, which was
publicly read and on which great confidence was placed, in which he
says, u It is not my business, neither do I think it necessary, now to dis-
cuss the origin of the right of a number of inhabitants of that tract of
country, formerly distinguished by the name of the New-Hampshire
Grants', and now known by that of Vermont. I will take it for granted,
that their right was good, because Congress by their resolve of the 7th
of August implies it, and by that of the 21st are willing fully to confirm
it, provided the new State is confined to certain described bounds. It
appears therefore to me, that the dispute of boundary is the only one
that exists, and that, that being removed, all further difficulties would be
removed also, and the matter terminated to the satisfaction of all parties."
His Excellency the General further observes; " You have nothing to do,
but withdraw your jurisdiction, to the confines of your old limits, and ob-
tain an acknoweldgment of independence and sovereignty, under the re-
solve of the 21st of August, for so much territory as does not interfere
with the ancient established bounds of New York, New-Hampshire, and
Massachusetts. I persuade myself, you will see and acquiesce in the
reason, the justice, and indeed necessity of such a decision."
256 Appendix A.
The Legislature of this State were induced to comply with the indis-
pensable preliminary required by them, in the last recited .act of Con-
gress, as appears by the following, which is an extract of their proceed-
ings.
State of Vermont, in General Assembly, Feb. 22, 1782.
The recommendation of the grand Committee, consisting of His Excellency the Gov-
ernor, the honorable the Council, and the Representatives of the people, on taking into
consideration the resolutions of Congress respecting this State, in the month of August
last, being read, is as follows : ' ' That in the sense of this Committee, Congress, by
their resolutions of August last, in guaranteeing to the States of New- York and New-
Hampshire respectively, all the territory without certain limits therein expressed, has
eventually determined the boundaries of this State. And whereas it appears to this
committee, consistent with the spirit, true intent, and meaning of the articles of union
entered into by this State, with the inhabitants of a certain district of country, on
the east side of the west banks of Connecticut river, and on the west side of a line
twenty miles east of Hudson" s river, which articles of union were executed on the 25th
day of February and the 15th day of June last, that Congress should consider and de-
termine the boundary lines of this State: — It is recommended to the Legislature of this
State, to pass resolutions, declaring their acquiescence in, and accession to the deter-
mination made by Congress of the boundary lines between the States of New Hamp-
shire and New-York respectively, and this State, as they are in said resolutions defined
and described. And also, expressly relinquishing all claims to, and jurisdiction over,
the said districts of territory without said boundary lines, and the inhabitants thereon
residing, confiding in the faith and wisdom of Congress, that they will immediately enter
on measures to carry into effect the other matters in the said resolutions contained,
and settle the same on equitable terms, whereby this State may be received into and
have and enjoy all the protection, rights and advantages of a foederal union with the
United States of America, as a free, independent and sovereign State, as is held forth
to us in and by said resolutions.
" And that the Legislature cause official information of their resolutions to be im-
mediately transmitted to the Congress of the United States, and to the States of New-
Hampshire and New-York respectively.
" Whereu pun resolved, That the foregoing recommendation be complied with, and
that the west banks of Connecticut river, and a line beginning at the northwest corner
of the State of Massachusetts, from thence northward twenty miles east of Hudson's
River, as specified in the resolutions of Congress in August last, be considered as the
east and west boundaries of this State. That this Assembly do hereby relinquish all
claims and demands to and right of jurisdiction in and over any and every district of
territory without said boundary lines. That authentic copies" of this resolution be
forthwith officially transmitted to Congress, and the States of New-Hampshire and
New- York respectively."
"February 28, 1782.
"The Honorable Moses Robinson and Paul Spooner Esqrs. Isaac Tichenor Esq; and
the Honorable Jonas Fay Esq; were elected Agents, and Delegates to represent this
State in the Congress of the United States.
" Resolved, That his Excellency the Governor be and he is hereby requested to com-
missionate the aforenamed Agents with plenary powers to negociate the admission
of this State into the confederation of the United States three of whom are hereby
authorised to transact saia business. And this State being admitted into the confed-
eration with the United States, any one or two of said Agents are hereby irapowered
to take their seats, and represent this State in Congress."
The said Agents having been commissioned, agreeable to the above
resolutions, a clause of which is in the following words:
" To negociate and compleat on the part of this State, the admission thereof into a
federal union with the United States of North- America. And in behalf of this State
to subscribe articles of perpetual union and confederation therewith " —
they repaired to Philadelphia on the business of their said agency, and
on the 31st March 1782, officially laid before Congress the aforesaid com-
pliance of the Legislature of this State, with the propositions contained
in the forementioned resolutions of Congress of the 7th and 21st of Au-
gust 1781. And the whole matter having been referred, by Congress,
to a Committee of their own members, viz.
"Mr. Clymer, Mr. Carrol, Mr. Clark, Mr. Livermore and Mr. Law" —
the said Committee, on the 17th of April 1782, reported their opinion to
Congress in the following words:
Appendix ]A. 257
That, in the sense of your Committee, the people of the said district hy the last re-
cited act, (to wit, the act of the Legislature of this State of the 22d of February before
recited) have fully complied with the stipulation made and required of them, in the
resolutions (of Congress) of the 20th and 21st of August, as preliminaries to a recog-
nition of their sovereignty and independence, and admission into the foederal union of
the States. And that the conditional promise, and engagement of Congress, of such re-
cognition, and admission, is thereby become absolute and necessary to be performed,
Your Committee therefore submit the following resolution :
That the district of territory called Vermont, as defined and limited in the resolu-
tions of Congress of the 20th and 21st of August 1781, be and it is hereby recognized,
and acknowledged by the name of the State of Vermont, as free, sovereign, and inde-
pendent; and that a Committee be appointed to treat and confer with the Agents and
Delegates from said State, upon the terms and mode of the admission of the said State
into the foederal union.
It appears by an attested extract from the minutes of Congress, that,
after the foregoing report was read,
" A motion was made and seconded, that the first Tuesday in October " (then) " next
be assigned for the consideration of the report. And on the question being put, it
passed in the negative.
" A motion was then made and seconded, that the third Tuesday in June" (then)
"next be assigned for the consideration of the report. On the question to agree to
this motion, it was lost.
"A motion was then made and seconded, that Monday" (then) "next be assigned
for the consideration of the report. On the question to agree to this, it passed in the
negative."
By the last mentioned motions, and the manner in which Congress
left the matter, the Agents and Delegates in behalf of this State, offi-
cially delivered to his Excellency, then President of Congress, a letter,
of which the following is a copy. — [For this letter, see Vol. n, p. 390.]
In consequence of this procrastination of Congress, the Agents of
Vermont returned, and reported the aforesaid proceedings to the Legis-
lature of this State. And in October last, the said Legislature again
appointed Agents, with full powers and instructions, for the purpose of
meeting Congress upon terms and articles of an admission of this State
into the foederal union, not conceiving that Congress would have
departed from their agreement before recited; but supposing their hith-
erto declining to execute it, might have been owing to a stretch of policy
incomprehensible to this government.
This being the confident disposition of the inhabitants of this State
towards Congress, and a recognition of their independence and sover-
eignty and admission into the fcederal union being thus secured by the
promise and engagement of the United States, they could not, in this
situation, be otherwise than alarmed on receiving an act of Congress in
the following words:— [Resolutions of Dec. 5 1782. See ante, p. 249]
From the before recited resolutions of Congress, the journals of the
Legislature of this State and the after transactions between the United
States in Congress assembled and the Agents or Delegates from this
State, the following inferences are deduced, to wit; the last mentioned
resolutions of Congress of the 5th of December 1782, are altogether
predicated on other resolutions of theirs, of the 24th of September 1779,
and 2d of June 1780,— which prescribed to this State in part a desisting
from the exercise of civil government, in which intermediate space of
time between the passing of the said resolutions of the 24th of September
1779 and 2d of June 1780, and those of the 5th of December 1782, a
confederation or federal Union between the United States represented
in Congress, and the Legislature of this State had been mutually agreed
upon between them; which agreement absolutely nullified the force and
validity of those resolutions of Congress of the 24th of September 1779
and 2d of June 1780, on the supposition that they were originally bind-
ing on this government (which is by no means "admitted.) And inas-
18
258 Appendix A.
much as the said last resolutions of Congress on the 5th day of December
1782 are essentially founded on those antecedent resolutions of theirs
of 1779 and 1780, which were disannulled by the same authority that
resolved them, in consequence of a subsequent mutual agreement of a
foederal union between the United States and this State as aforesaid, and
necessarily invalidates the last resolutions of Congress of the 5th of De-
cember 1782, for they cannot be of any more validity than those other
resolutions of 1779 and 1780, on which they were predicated; for the before
recited preliminary agreement, proposed on the part of Congress, of a
foederal union of the United States with this, and in the fullest and most
explicit manner acceded to, on the part of this State, is something or
nothing. If it amounts to anything, it supercedes and invalidates all
antecedent and subsequent resolutions of Congress respecting this State,
and renders them nugatory, and is still binding on the part of Congress;
but if such solemn agreements are nothing, all faith, trust or confidence
in the transactions of public bodies is at an end. So certain as the plighted
faith of Congress in their said stipulated agreement with this State was
originally binding on them, the obligation still remains the same, which
of necessary consequence invalidates all other resolutions of Congress
respecting this State until it is ratified by an admittance of this State into
the confederation of the United States on their part. I have argued thus
far on Congress's own principles and proceed next to the second part of
the argument predicated on the impropriety of the pretensions of Congress
to controul the internal police of this State. Congress will not (it is pre-
sumed) pretend to unlimitted power, or to any other than what has been
delegated to them from the United States; nor will they pretend that
their articles of confederation will warrant them in interfering with, or
controuling the internal police of the United States; whence then did they
obtain a rightful prerogative over the internal police of this State, from
which they have never received any delegated power? This State (on
revolution principles) has as good a right to independence as Congress,
and has an equal right, or rather no right to pass resolutions prescribing
measures to Congress, as Congress has to prescribe to this State, to
receive their banished, and make restitution to them and other crimi-
nals of the property, which by a legal process has been taken from them
for their enormities heretofore committed against the laws and authority
of this State. Formerly it has been argued by Congress, and that justly,
"that if Great Britain had a right to tax the" (then) "American Colo-
nists as they pleased, without representation, the Colonists could not
call any part of their cash their own, since it might be taxed from them
without their consent." The same argument will apply against the right
of Congress to controul the civil authority of this State, for if they may
in one instance do it, they may in another, and so on till they suppress
the whole. But should they endeavour to frustrate the independence
of this State, which has as good a right to it as themselves, it would
be a manifest departure from their original design of liberty. Congress
opposed the arbitrary assumed prerogative of the British government to
make laws to bind the (then) colonists, or to controul their internal
police, and have brought about a revolution, in which the people of this
State have signalized themselves.
How inconsistent then is it in Congress to assume the same arbitrary
stretch of prerogative over Vermont, for which they waged war against
Great Britain? Is the liberty and natural rights of mankind a mere
bubble, and the sport of State politicians? What avails it to America
to establish one arbitrary power on the ruins of another? Congress set
up as patriots for liberty, they did well, but pray extend the liberty, for
which they are contending, to others. The inhabitants of the territory
Appendix A. 259
of Vermont have lived in a Slate of independence from their first settle-
ment, to this day: Their first mode of government and management of
their internal police was very similar to that of the United States in
their first separation from the British government. They were governed
by Committees of Safety and Conventions, which last was their highest
judicature tor the security of their just rights against the oppressions of
the (then) province of New-York, (the principal officers of the Green
Mountain Boys being then judges in the said territory) and which on
the 15th day of January 1777 declared themselves to be a free and inde-
pendent State, and have, from their first settlement of the country main-
tained their independence, and protected their lives and properties
against all invaders, and date their freedom from the royal adjudication
of the boundary line between New -York and New-Hampshire the 20th
July 1764, and are now in the eighteenth year of their independence,
and cannot submit to be resolved out of it by the undue influence, which
the State of New- York (their old adversary) has in Congress; this is
too much, heaven forbid it ! the feelings of the citizens of Vermont,
over which I have the honor to preside (I am persuaded) will never give
in to it; they are free, and in possession of it, and will remain inde-
pendent of New- York, notwithstanding their artifice or power. This
State have no controversy with the United States, complexly considered,
and is at all times ready and able to vindicate their just rights and liber-
ties against any usurpations of the State of New-York.
To return to the transactions of Congress, particularly their resolves
of the 5th of December, 1782:
"Resolved, That the said acts and proceedings of the said people," ivhich was that
of their courts of justice punishing delinquents, in due form of law, " Being highly de-
rogatory to the authority of the United States, and dangerous to the confederacy, re-
quire the immediate and decided interposition of Congress for the protection and relief
of such as have suffered by them, and for preserving peace in the said district, until
a decision shall be had of the controversy relative to the jurisdiction of the same."
That the exercise of civil law in this State is derogatory to the author-
ity of the United States, considered as such, or that it should be thought
dangerous to the confederacy, is paradoxical; or that the interposition
of Congress in this matter would be a means of restoring peace in this
State, is equally so. Law, peace, and order was established in this dis-
trict previous to the late resolves of Congress; what discord they may
occasion, time must determine. It is a general opinion that a ratifica-
tion of the said stipulated agreement would have had a more salutary
tendency to peace, than the late resolutions. And as to the decision of
the jurisdiction of the territory of this State, Congress, in their resolu-
tions of the 7th and 21st of August 1781, did determine the limits, which
they would guarantee to the States of New-Hampshire and New-York
by virtue of the articles of confederation of the United States, which is
as fellows ;
" By the United States in Congress assembled, August 21 , 1781. It being the fixed pur-
pose of Congress to adhere to the guarantee of [to] the States of Nevv-Hampshire and
New-York, contained in their resolutions of the 7th instant," to wit, that "they will
consider all toe lands belonging to New-Hampshire and New-York, respectively, with-
out the limits o* Vermont aforesaid, as coming within the mutual guarantee of terri-
tory contained in the articles of confederation, and that the United States will accord-
ingly guarantee such lands, and the jurisdiction over the same, against any claims or
encroachments from the inhabitants of Vermont aforesaid."
Thus far the resolutions of the 7th of August referred to in the reso-
lutions of the 21st the latter of which proceeds to point out the particu-
lar boundaries of the guarantee to the States aforesaid, to wit:
To the State of New-Hampshire all the lands "on the east side of the banks
of Connecticut river;" and to the State of New- York ail the lands "on the west side
of a Hue beginning &t the northwest corner oi the State of Massachusetts, thence by
260 Appendix A.
a line twenty miles east of Hudson's river, so far as said river runs northerly in its
general course, thence by the west bounds of the townships granted by the late gov-
ernment of New-Hampshire to the river running from South Bay to Lake Champlain,
thence along the said river to Lake Champlain, thence along the waters of Lake
Champlain to latitude 45 north, excepting a neck of Land between Missisco-Bay and
the waters of Lake Champlain."
That Congress has explicitly pointed out, and determined the bounda-
ries of the guarantee of the lands and jurisdiction of the States of New-
Hampshire and New- York, as far as their respective claims interfere
with this State, was the opinion of the Committee of the whole Legis-
lature of this State, may be seen from their Journals viz.
"Resolved, That in the sense of this Committee, Congress, by their resolutions of
August last, in guaranteeing to the States of New-York and New-Hampshire respec-
tively all the territory without certain limits therein expressed, have eventually deter-
mined the boundaries of this State."
To this limitation of Vermont its Legislature concurred, as the before
quoted Journals may evince. The boundaries of the States of New-
York and New-Hampshire, as far as they interfere with the State of
"Vermont, having been already thus adjudicated by Congress, what pro-
priety is there then in the resolutions of the 5th of December, 1782, in
which they break over their own adjudicated bounds of August, 1781,
requiring this State
" Without delay to make full and ample restitution to Timothy Church, Timothy
Phelps, Henry Evans, William Shattuck and such others as have been condemned to
banishment and confiscation of estate, or have otherwise been deprived of property,
since the first day of September last, and that they be not molested in their persons
or properties, on their return to their habitations in the said district."
Congress has been so mutable in their resolutions respecting Vermont,
that it is impossible to know on what ground to find them, or what they
design next: At one time they guarantee to the States of New-York
and New-Hampshire their lands and jurisdiction to certain described
limits, leaving a place for the existence of this State. And the next
that this government hears from them, they are within those limits, con-
trouling the internal government of this State. Again they prescribe
preliminaries of confederation, and when complied with on the part of
this State, they unreasonably procrastinate the ratification thereof.
"That the United States will take effectual measures to enforce a compliance with
the aforesaid resolution, in case the same shall be disobeyed by the people of the said
district."
In this case it is probable, that this State would appeal to the justice
of his Excellency General Washington, and in as much as his Excellency,
the General, and most of the inhabitants of the contiguous States are in
favour of the independence of this State, as limited by Congress, as
aforesaid; 1 beg leave to suggest to them, whether it is not more prudent
to refer the settlement of this dispute to the States of New-York and
Vermont than to embroil the confederacy of the United States there-
with.
Although this State is not amenable to the tribunal of Congress for
the management of their internal police, I nevertheless will give them
a brief narrative of facts relative to those delinquents, in whose behalf
Congress in their resolutions of December last have interposed. At the
session of the General Assembly of this State, in February 1781, they
made a general act of amnesty, in favour of such persons within this
State, who had previously made opposition to its authority, upon which
they unanimously submitted to this government, anl all opposition
to it ceased for more than one year, when the Legislature having or-
dered a certain quota of men to be raised in the several towns through-
out this State for the defense of its frontiers, evil minded persons in the
Appendix A. 261
town and vicinage of Guildford, in the southerly part of the county of
Windham, opposed the raising and paying of them, and Governor Clin-
ton of the State of New- York, by letters to them and otherwise, inter-
fered in their behalf, which caused a second insurrection in this State;
and though every prudent and lenient measure was taken by govern-
ment to reclaim the offenders, they proved ineffectual; in the mean time
Governor Clinton gave commissions, civil and military, to sundry of
those disaffected persons, and they had the effrontery to attempt to ex-
ercise the laws of the State of New-York over the citizens of this State,
when a military force was, by the direction of this government, sent to
assist the Sheriff of Windham county in the execution of the laws of this
State, and the procedure of the Court, relative to the five Criminals,
who were banished, and to sundry others, who were amerced in pecu-
niary fines, was in due form of law. The notorious Samuel Ely, who
was ring-leader of the late seditions in the State of Massachusetts, a
fugitive from Justice, was one of the banished; he had left that State,
and was beginning insurrections in this, when he was detected, and
carefully delivered to the Sheriff of the county of Hampshire, in the
State of Massachusetts, who, as I have been since informed, has secured
him in gaol at Boston, to the great satisfaction and peace of that State.
This same Samuel Ely, Timothy Church, and William Shattuck, who
were three of the banished, had previously taken the oath of allegiance
to this 8tate, and so had a greater part of those who were fined;and
every of the towns, in which they resided, had for several sessions of
Assembly, previous to their insurrection, been represented in the Legis-
lature of this State. So that admitting the resolutions of Congress of
the 24th of September 1779, and 2d of June 1780, to be binding on the
States of New- York and Vermont, which prescribed to them to exer-
cise their respective jurisdictions over such of the inhabitants of- the
controverted territory, who should profess to owe allegiance to one or
both of them, and not to intefere with each other's jurisdiction; and as
every of those inhabitants, previous to the late insurrection, had con-
formed to the government of this State, the jurisdiction of the State of
New- York became extinct: And Congress having, in their said resolves,
given their premised right of jurisdiction to the States of New-York
and Vermont; and that of New-York having been ended as aforesaid,
the whole right of jurisdiction reverted to the State of Vermont, so that
Congress, by their said resolutions of 1779 and 1780, fairly put the afore-
said banished persons and others under the jurisdiction of this State,
and are foreclosed from interfering with the jurisdiction of the same,
and consequently could have no jurisdiction of those matters, which in
their resolutions of the 5th of December 1782 they object to the civil
authority of this State, and in which they so spiritedly interpose their
prerogative, for that the said delinquents were, every of them, in just
construction of law or reason, subjects of this State, and, therefore,
agreeable to the express tenor of those resolutions of Congress of 1779
and 1780, could not be amenable to any other laws or regulations but
those of the State of Vermont.
But admitting that Congress has a judicial authority to controul the
internal police of this State, it has an incontestible right to be heard in
its defence, as a party, (in law,) and should, on this thesis, have been
cited by Congress to a hearing at their tribunal, previous to their having
passed their resolutions of the 5th of December last, that this State
might have had the privilege of vindicating their cause. But that Con-
gress, at the special instance of Charles Phelps, (a notorious cheat and
nuisance to mankind, as far as his acquaintance and dealings have been
262 Appendix A.
extended) should come lo a decision of so important a matter, ex parte,
is illegal, and contrary to the law of nature and nations.
Sir, I beg leave to conclude this Remonstrance by earnestly soliciting
a foederal union with the united States, agreeable to ihe before recited
preliminary agreement, which ;he Committee of Congress have reported,
has " become absolute and necessary on their part to be performed," and
from which this State will not recede. I have the honor, to be, Sir,
with due respect, your Excellency's obedient and humble servant,
Tho's. Chittenden.
His Excellency the President of Congress.
Reception of Vermont's Remonstrance in Congress.
February 4 1783.
An indecent and tart remonstrance was received from Vermont
against the interposition of Congress in favcr of the persons who had
been banished, and whose effects had been confiscated. A motion was
made by Mr. Hamilton [of New York] seconded by Mr. Dyer [of Con-
necticut,] to commit it. Mr. Wolcott [of Connecticut,] who had always
patronized the case cf Vermont, wished to know the views of a commit-
ment. Mr. Hamilton said his view was, to fulfill the resolutions of Con-
gress, which bound them to enforce the measure. Mr. Dyer said his was,
that so dishonorable a menace [as that of Congress to Vermont] might be
as quickly as possible renounced. He said Gen. Washington was in favor
of Vermont, that the principal people of New England were all sup-
porters of them, and thai; Congress ought to rectify the error into which
they had been led, without longer exposing themselves to reproach on
this subject. It was committed without dissent.1
Gen, Washington to the President of Congress.9
Newburgh, Feb. 7, 1783.
Sir: Within these few days I have seen printed copies of " A Remon-
strance of the Council of the State of Vermont against the resolutions
of Congress of the 5th of December last," addressed to your excellency,
in which are several quotations from a letter of mine. Duty as well as
inclination prompts me to lay before Congress the whole of that letter,
and the one to which it was an answer. If it should be necessary, a
committee of Congress, with whom I was in conference on these matters
in the course of last winter, can give such further information on this
subject as I doubt not will be satisfactory.
I have the honor to be, with great respect, your excellency's most
obed't serv't, Geo. Washington.
His Excellency, the President of Congress.
[Enclosures — Letter of Chittenden to Washington. Nov. 14 1781: and
of Washington to Chittenden, Jan. 1, 1782.— See Vol. II, pp. 350-355.]
Gen. Washington to Joseph Jones, in Congress.9
Newburgh, 11 February, 1783.
Dear Sir:— I am about to write you a letter on a subject equally im-
portant and delicate, which may be extensive in its consequences and
1 Madison Papers, Vol. I, p. 319.
8 Washington's Letters, State Department, Washington.
8 Life and Writings, Vol. viii, p. 382.
Appendix A. 263
serious in its nature. I shall confine myself to the recital of what I be-
lieve to be facts, and leave it with you to make deductions.
The printed remonstrance of Mr. Chittenden and his council, addressed
to the President of Congress and founded upon the resolves of the 5th of
December last, contains a favorable recital in their own behalf of what I
suppose to be facts; but. if my memory serves me, it is an uncandid
performance, inasmuch as it keeps out of view an important transaction
of theirs which was consequent on those resolves.1 Be this as it may,
matters seem to be approaching too fast to a disagreeable issue for the
quiet of my mind. The resolves on one hand andthe remonstrance on
the other, unless it should be annulled by the legislature at their next
meeting, which I do not expect, seem to leave little room for an amicable
decision.
Affairs being thus situated, permit me to ask how far and by what
means coercion is to be extended. The army, I presume, will be the
answer to the latter. Circumstances, (for there can be no determination
after blood is once drawn) alone can prescribe bounds to the former.
It has been said, but of this you can judge better than I, that the dele-
gates of the New England States in Congress, or a majority of them, are
willing to admit these people into the Federal Union as an independent
and sovereign State. Be this as it may, two things I am sure of, namely,
that they have a powerful interest in those States, and pursued very
politic measures to strengthen and increase it long before I had any
knowledge of the matter, and before the tendency of it was seen into or
suspected, by granting upon very advantageous terms large tracts of
land; in which, I am sorry to find, the army in some degree have
participated.
Let me next ask, by whom is this district of country principally settled?
And of whom is your present army (I do not confine the question to this
part of it but will extend it to the whole) comprised? The answers are
evident, — New England men. It has been the opinion of some that the
appearance of force would awe these people into snbmission. If the
General Assembly ratify and confirm what Mr. Chittenden and his
council have done, I shall be of a verv different sentiment; and, more-
over, that it is not a trifling force that will subdue them, even supposing
they derive no aid from the enemy in Canada; and that it would be a
very arduous task indeed, if they should, to say nothing of a diversion,
which may and doubtless would be made in their favor from New York,
[by Carleton,] if the war with Great Britain should continue.
The country is very mountainous, full of defiles, and extremely strong.
The inhabitants, for the most part, are a hardy race, composed of that
kind of people who are best calculated for soldiers; in truth, who are
soldiers; for many, many hundreds of them are deserters from this army,
who, having acquired property there, would be desperate in the defense
of it, well knowing that they were fighting with halters about their necks.2
1 The editor can find nothing in the action of Vermont " consequent
on those resolves" which warranted this remark. Washington may
have had in mind some one of the many extravagant reports spread
at about that time by the adherents to New York in Windham county.
2 Undoubtedly true: as Vermont was not a member of the confederacy,
it furnished a desirable refuge for deserters who did not wish to go to
Canada. It is to be remembered, however, that the Vermont authorities
aided in the arrest of deserters whenever requested. The General As-
264 Appendix A.
It may be asked if I am acquainted with the sentiments of the army
on the subject of this dispute. I readily answer, No, not intimately. It is a
matter of too delicate a nature to agitate for the purpose of information.
But I have heard many officers of rank and discernment, and have learned
by indirect inquiries that others, express the utmost horror at the idea
of shedding blood in this dispute, comparing it, in its consequences,
though not in its principles, to the quarrel with Great Britain, who
thought she was only to hold up the rod and all would be hushed. I can-
not at this time undertake to say that there would be any difficulty with
the army if it were to be ordered on this service, but I should be exceed-
ingly unhappy to see the experiment. For besides the reasons before
suggested, I believe there would be a great and general unwillingness
to embrue their hands in the blood of their brethren. I have to add,
that almost at the same instant a number of the printed copies of the
remonstrance were disseminated through the army. What elfect.it will
have I know not. The design is obvious.
I promised in the beginning of this letter, that I should content my-
self with a simple relation of facts. I shall only lament that Congress
did not in the commencement of this dispute act decidedly. This mat-
ter, as you well know, was much agitated last winter, and a committee
of Congress, with whom I had the honor to be in conference, and of
which I believe you were one, approved of my writing an answer to the
effect it was given.
With great regard, I am, &c. Geo. Washington.
Joseph Jones, in Congress, to General Washington. — [Extract.]1
Feb. 27. With respect to the business of Vermont, I think you need
not be uneasy from apprehensions that the army, or any part of them,
will be employed to force a compliance with the act of the 5th of De-
cember last, should the people of Vermont refuse a compliance with
that demand; at least for some time to come, if ever. To go into detail
upon this matter would be prolix, and rather improper for the scope of
a letter. It cannot be denied that the act of Congress of the 20th
August [1781] opened the prospect to Vermont of an acknowledgment
of their independence and admission into the Union. Although it gave
ground of hope, it was not conclusive: and the Legislature of Vermont,
absolutely rejecting the offer, and recommending to the people an invio-
lable adherence to their union and encroachments on the adjoining
States, as well as other unwarrantable acts they have unjustly concealed
from the public in their remonstrance, released Congress from their
offer, and left them at liberty afterwards to accept or refuse, as they saw
fit, when Vermont, repenting of her conduct, at a future period complied.
A particular state of things produced the act of Congress ; a change
of circumstances afterwards dictated the delay in determining on their
proposition, and the report of a committee, to whom it was referred.
This report authorises observations I decline to make. This proceeding
in Congress they style a violation of the compact entered into with them.
There always has been a strong opposition to the claims of Vermont,
and their admission into the Union. Virginia has generally been among
sembly in June 1781 passed " an act for detecting and discouraging de-
sertion," for which see Slade's {State Papers, p. 437. In Feb. 1782, a
case occurred, for which see Vol. II, p. 142.
1 Correspondence of the Revolution, Vol. in, p. 557.
Appendix A. 265
the number of her opponents, not so much, perhaps, upon the question
of independence, as the impolicy of her admission into the Union while
several very important questions of local concern remained undeter-
mined; and, until these great points are settled, the consent of Virginia,
I expect, will be withheld, and, if before obtained, it will be a sacrifice
of her opinion to the peace and common weal of the United States.
If Vermont confines herself to the limits assigned to her, and ceases
to encroach upon and disturb the quiet of the adjoining states, at the
same time avoiding combinations, or arts, hostile to the United States,
she may be at rest within her limits, and, by patient waiting the conven-
ient time, may ere long be admitted to the privileges of Union. The
influence Vermont has gained in the army, and in some of the states
that espouse her cause, do little credit to the parties concerned; and to
this influence is in a great measure to be ascribed the variable, indeci-
sive conduct of Congress respecting the claims of that people. The re-
monstrance states the receipt of official letters recommending a compli-
ance with the act of Congress, and intimates yours to be of the number;
and that these communications influenced them to comply.1 The asser-
tion is wrong as to yours, and may be equally false as to the others, and
is one proof, among a variety of others, of the disingenuity and want of
candor iu Vermont. It exhibits, also, very little respect to that body,
when they ascribe their compliance to other motives than the recom-
mendation of Congress.2
1 Williams and Ira Allen both testify that Washington's letter did have
very great influence with the legislature, unofficial though the letter was.
2 Indirect evidence is not needed to prove that the government and
people of Vermont had very little respect at that time, or ever after-
ward, for the continental congress. That body had trifled too long with
Vermont, and hardly had the right to complain of any body for the want
of candor or decision.
APPENDIX B.
RENEWED APPLICATION OF VERMONT FOR ADMISSION
TO THE UNION, AND DOCUMENTS THEREON,
FEB. TO OCT. 1783.
Proceedings in Vermont, February Session, 1783, on the Res-
olutions of Congress of Dec. 5 1782.
In Joint Assembly: Feb. 13. His Excellency laid before the House
the following papers, viz: the proceedings of Congress from the 5th of
November to the 5th of December 1782 respecting Vermont, among
which were the resolutions of the 5th of December. The said proceed-
ings were attested by George Bond, Dep. Sec? A letter from the honb,e
Jonathan Arnold, Esq" ■» [delegate in Congress from Rhode Island,] dated
Philadelphia, Decr- 25th- 1782, directed to " his Excellency Gov- Chitten-
den;" also one other letter from the same Gentleman, directed as afore-
said and dated at the same place the 26th- Decr- 1782; A letter directed
to his Excellency the Govr- signed by Isaac Tichenor, dated at Benning-
ton 2d- Feb?- 1783, enclosing instructions from the legislature of New
Jersey to their delegates [in Congress,] dated Novr- 1st 1782— and also
attested copies of affidavits or depositions of Joel Bigelow, William
Shattuck, Henry Evans, Oliver Lovewell, William Houghton, Thomas
Baker and David Lamb, which were sent to Congress—were read, and
also a Remonstrance signed by his Excellency Thomas Chittenden Esqr-
directed to his Excellency the President of Congress, dated Benning-
ton Jan>- 9th 1783 — was read.
On motion made by Mr. Enos and seconded by M1- Lyon, Resolved,
that a Committee of five be appointed to take under consideration the
Resolutions of Congress of the 5th- December last, and prepare a Bill
to lay before the House for the determination of this Assembly on said
Resolutions, and make report. — The members chosen Mr- Chipman, Mr-
E. Robinson, Mr- Enos, Mr- Strong and Mr Sabin.
In Council: Feb. 17. A Letter of the 13th Instant from major Jo-
seph Fay, was read, and a verbal relation at the same time made by Isaac
Tichenor, Esqr- relative to the transactions of Congress respecting the
State of Vermont, on passing their act of the 5th- of December last.1
The threatening character of the resolutions of Congress of Dec. 5
1782, induced the government of Vermont at once to reinstate its mili-
Assembly Journal, 1778-1784, pp. 452, 453.
Appendix B. 26T
tary force, which had been disbanded substantially at the preceding ses-
sion. The resolutions of Congress were submitted to the Assembly on
Saturday Feb. 15 1783, and on Monday the 17th the committee appointed
to report the necessary business of the session recommended the follow-
ing subjects of legislation, among others.
From the Assembly Journal:
Feb. 17 1783. — 2dly- — The appointment of a Board of War and giving
them nowers and directions in what manner the men shall be raised,
either by inlistment or otherwise, and what their wages shall be in case
they find it neeessarj7 to raise men.
gthiy. — Passing an act for the preventing people from carrying on a
trade with the British or Canadians on Lake Champlain.
gthiy — The taking in consideration the measures necessary to be taken
with regard to the disaffected inhabitants of Guilford and its vicinity.
Resolved that this House do judge it necessary that a number of men
be raised for the defence of the frontiers the ensuing campaign.
Resolved that a Committee of seven to join a Committee from the
Council be appointed to determine what Number of men will be neces-
sary to be raised for the ensuing Campaign — and how the same shall be
raised and paid &c. and make Report. — The members chosen Mr- Wait.
Mr- E. Robinson, Mr Lawrence, Mr- Enos, Mr- Lovewell, Mr- Tiche-
nor & Mr- Murdock.i
On motion made by Mr- Abel Curtis, Resolved that a Committee of
five to join a Committee from the Council be appointed to draught a
declaration purporting our attachment to the rights of the United States
in their exertions against the common Enemy — and make Report. — The
members chosen Mr- Abel Curtis, Mr- Elijah Robinson. Mr- Chip man
and Mr- Lyon.2
Feb. 18 1783.— The House took under consideration the appointment
of a Board of War — and on motion made. Resolved that this House will
at this time proceed to choose seven persons for a Board of War.
The ballots being taken. Gen1- Roger Enos, Col0- John Strong, Gen1-
Sam1- Safford, Col0- Elijah Robinson, Col0- Timothy Brownson, Col0- Ben-
jamin Wait, Col0- Moses Robinson were Elected.
Resolved that a Committee of three [be appointed] to join a Com-
mittee from the Council to take under consideration the 9th Article in
the arrangement [of business for the session] and make Report. — The
members chosen Mr- Mattucks [Mattocks,] Mr- Eb. Curtis, Mr- Ben-
jamin, Mr- Drury & Mr- Loomis.3
A deposition of Oliver Lovewell [Lovell] Esqr- sworn the 18th- Feb^-
1783 before Simon Stevens Justice [of the] peace— declaring that he
never had made any deposition before Charles Phelps &c. — was read.
Resolved that a Committee of three to join a Committee from the
Council be appointed to take under consideration the 6th- Article of the
1 Messrs. Olcott and Fletcher were joined on the part of the Governor
and Council.
2 The name of one member of the committee seems to have been
omitted on the journal. Messrs. Bowtfer and Allen were joined on the
part of the Governoi and Council.
3 Messrs. Safford and Olcott were joined on the part of the Governor
and Council. The ninth article related to the resistance to the authority
of Vermont in Guilford and vicinity.
268 Appendix B.
arrangement, [for preventing trade with the British and Canadians
through Lake Champlain.] and prepare a Bill and make Report. — The
members chosen Mr- Lyon, Mr- Abel Curtis and Mr- Rowlee.1
Feb. 19. — A petition signed Timothy Church was read and refered to
a Committee of five to join a Committee from the Council to take the
same under consideration, and report their opinion respecting the same
to this House. — The members chosen Mr- Benjamin, Mr- Aiken, Mr-
Ormsby, Mr- Parkhurst and Mr- Murray.2
Feb. 20. — The Committee to whom was refered the 9th Article in the
arrangement, [on the trouble in Guilford, &c.,] brought in their Re-
port in the words following, viz. — " That in the opinion of your Com-
mittee the Laws of this State already passed are sufficient, and that the
executive authority put the same in execution as they shall think pro-
per. Saml- Safford, for Comtee"
The aforesaid Report was read and approved.3
Feb. 22. — The Committee to whom was refered the determining what
number of men ought to be raised for the defence of the frontiers of
this State &c. and how they shall be raised and paid, brought in the fol-
lowing Report, viz. —
" That in the opinion of }*our Committee there ought to be raised for
the ensuing Campaign five hundred men exclusive of Commissioned
officers, and that the same be properly officered and raised and paid in
the same way and manner as the troops was ordered to be raised and
paid the last"Campaigu. And that the time of raising said men, and the
1 Mr. Bowker was joined on the part of the Governor and Council.
2 Col. Timothy Church, of Brattleborough, was quite prominent
among the adherents to New York in Cumberland County. He was
among the forty-four arrested by Ethan Allen and his posse in 1779, and
was then tried, convicted, and fined in the sum of £25. — See Vol. I, pp.
298-300 and 305, and B. H. Hall's Eastern Vermont. In June 1782 he
was commissioned by Gov. Clinton of New York as Lieutenant Colo-
nel commandant of a battalion of six companies in Cumberland county,
and for his service in that capacity against Vermont, and other resist-
ance to its authority, he was arrested, indicted, tried, and convicted of
treason against the state, banished, and his property confiscated. In
response to the petition named in the text, he was pardoned by an act
of the General Assembly in Feb. 1783; which declared in the preamble
that his petition set u forth his sincere and hearty penitence and deter-
mination to behave orderly and submissive, in case of pardon."— See
Slade's State Papers, p. 470, for the act, in which copy Col. Church's
name is omitted.
3 On the next day the Governor and Council, through Moses Robin-
son, declared to the Assembly their opinion on this subject, which,
doubtless, was in accordance with the foregoing report. In fact, the sub-
mission to Vermont of the disaffected in Windham county was largely
due to an immovable determination of Gov. Chittenden and the Council
to execute the laws of the state upon all who resisted its authority — a
determination, however, which was wisely tempered with leniency to
the penitent.— See B. H. Hall's Eastern Vermont.
Appendix B. 269
term which they shall be raised for, be refered to such Board as shall be
thought proper by the honble General Assembly.
Peter Olcott, for Comtee-"
The above Report was read and accepted and Ordered that a bill be
brought in accordingly.
Feb. 24. — An act entitled " an act to enable the Governor and Council
to pardon certain persons therein described," was read and passed the
House." l
Feb. 25. — Moses Robinson, Jonas Fay, Isaac Tichenor, Ira Allen, Paul
Spooner, and Abel Curtis were elected u as Delegates to Represent this
State in the Congress of the United States the ensuing year if neces-
sary."
His Excellency the Governor and the Council joined the House in a
Committee of the whole agreeable to their adjournment. After some
time spent therein they made the following Report to this House viz:
" In Committee of the whole, consisting of the Governor, Council
and General Assembly, Febv- 2£th- 1783.
" His Excellency the Governor in the Chair. Doct. Roswell Hopkins,
Clerk.
" On motion made, the Bill purporting our attachment to the American
cause was twice read, and on motion made by [Lieutenant] Governor
Spooner,
" Resolved that a Committee of five be appointed to redraught the
Bill purporting our attachment to the United States and make such
necessary alterations and amendments as they shall judge best, and
make Report. The Committee chosen Governor Spooner, Judge [Jonas]
Fay, Isaac Tichenor and Abel Curtis Esqrs- and Col0- Ira Allen.
*"• A copy of a letter signed by his Excellency the Governor dated Ar-
lington Novr- 14th- 1781, directed to his Excellency General Washington,
was read.2 * * *3
Tuesday Feb^- 25th- 1783, 2 °Clock P. M.
* * * 3 1; Governor Spooner, Judge Fay, M1 • Tichenor, Mr- Curtis
and Mr. Allen brought in the following as a Bill which they had re-
draughted and amended purporting our attachment to the American
cause, viz. —
" Whereas it is represented that sundry false reports have been indus-
triously circulated among the inhabitants of the Independent States of
America, tending to excite Jealousies and distrust and thereby lessen
their friendship and esteem towards the Citizens of this State,
"On motion made in a Committee [of the whole] of both Houses, the
following Resolutions were proposed and agreed to, viz. —
" Resolved, that the Citizens of this State have from their first form-
ing government uniformly shewn in a public manner their attachment
to the common cause and desire of being connected in a federal union
with the United States as may appear by their resolutions and other
public transactions.
1 This was designed to aid in suppressing the adherents to New York.
For act see the next page.
8 See Vol. ii, pp. 350-353.
3 The portions of the record here omitted related to the order of rank-
ing the judges of the superior court, providing that the assistant judges
after 1783 should take rank by the date of former commissions.
270 Appendix B.
"Resolved, that neither the Executive, or Legislative authority of this
State have ever entered into any negotiation, truce, or combination with
the enemies of this and the United !Sfates, except that only of an exchange
of Prisoners, and they are stili determined, at the risque of their lives
and fortunes to continue their opposition to any attempts made, or that
may hereafter be made to infringe or abridge the rights to [or] the freedom
and Independence of this and the United States; nor is there a dispo-
sition existing in this Committee, from their confidence in the good in-
tentions of the United States to afford their aid, to propose or consent
to any terms of peace or otherwise derogatory to or inconsistent with
the rights, Liberties, or Independence of this or the United States of
America.
"The Committee then dissolved.
"Attest, RosL Hopkins, Clerk:'
The aforesaid resolutions with the report ranking the Judges of the
Superiour Court were read and agreed to.
In Council Feb. 25. The following Act was received irom the
General Assembly, and after being read was ordered to be entered on
the journals of Council, viz1- —
An Act to enable the Governor and Council to Pardon certain Persons
therein described.
Whereas certain perso.is in the County of Windham have lately been
convicted before the Supreme [superior] Court of this state, of conspiring
and attempting an Invasion, Insurrection and Public Rebellion against this
State, contrary to the Form oj the Statute of this State passed in June last,
entitled "An Act for the Punishment of Conspiracies against the Peace,
Liberties and Independence of this State," and have been Banished
therefor;
And whereas ii is suggested that some of said Persons are Penitent and
desirous of returning to their Duty, and it is probable that, during the
Recess of this House some of said Persons will petition for the Pardon of
their said Offenses: This Assembly, being desirous at all Times of showing
Mercy when it can be done consistent with the Public Safety;
Be it therefore 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, That His Excellency the Governor, and the
Honorable the Council of this State be, an I are hereby fully authorized
and empowered, upon Application to them made, during the Adjourn-
ment of this Assembly, to Pardon any of the said Persons who have
been banished from this State by the Supreme [superior] Court as afore-
said, in as full and ample Manner as this Assembly could do if convened.
State of Vermont, in General Asr embi y, >
Windsor, Feb?- 24th- 1783. |
The above Act was read and passed the House
Attest, Koswell Hopkins, Clerk.
In Council, Windsor, February 25th- 1783.
Read and cqneurred. Jonas Fay, Secv- P. T.
In Assembly Feb. 26 1783. The Committee appointed to prepare an
address to Congress, as an answer to their resolutions of the 5th- of De-
cember last, brought in the following, viz.—
Appendix B. 271
To his Excellency the President of Congress:
Sir:— We, the Legislature of Vermont, request your Excellency to
communicate to Congress the following determinations of the freemen
of this State in answer to the requisition of Congress of the 5th of
December last.
We beg leave to observe, that Congress, in and by their resolutions
of the 7th- and 21st of August, 1781, did virtually acknowledge the right
and engage to recognize the Independence of this State on compliance
with a certain preliminary condition therein contained; which prelimi-
nary condition has been, in the most full and ample manner, complied
with by this State, as appears from the Journals of this House and the
Report of a Committee of Congress. In this situation, conscious of our
right, and seeing such right virtually acknowledged by Congress, we
had no apprehension of our becoming obnoxious, by an exercise of that
right over those, who, by an oath of allegiance and otherwise, were the
liege subjects of this State, and had, in a flagrant manner, violated its
laws and disturbed the peace of government; and however this Legisla-
ture may be disposed to extend mercy to delinquents, on proper appli-
cation, yet, that mercy must be free, and at our own Election.
All and every act of Congress, which interfere with the internal
government of this State and tend to prevent a general exercise of our
Laws, are unjustifiable in their nature and repugnant to every idea of
freedom. It presupposes this State dependent on Congress, not only
for the enjoyment of their Independent Right of Jurisdiction, but for
the right itself; whereas, the fact is, if we have any right to be an
Independent Jurisdiction, such right is, and must be, derived from
association, and the civil compact of the people. We conceive the
several States in the Union do not owe to Congress their right of exist-
ing independent of their neighbours; but that each State was formed by
the association and civil compact of its inhabitants. Through this
medium they derive their separate rights to Jurisdiction, and Congress
the different powers they are vested with; and have, of course, neither
the power or right to make or unmake States, within or without the
Union, or to controul their internal police, without a power delegated to
them for the purpose. Admitting the propriety of this reasoning, and
the existence of a right in the people in this State to an Independent
Jurisdiction — which is explicitly avowed by the resolutions of Congress
of the 21st of August 1781 — is not the Resolutions of the 5th- of December
an invasion of the rights of a free people?
The citizens of this State have ever entertained the highest opinion
of the wisdom and integrity of Congress, and have manifested their con-
fidence in that body, by a spirited exertion in prosecution of every meas-
ure against the common Enemy, at the risque of life and fortune. We
still are ready to comply with ever}7 reasonable requisition of Congress;
but when Congress require us to abrogate our Laws, and reverse the sol-
emn decisions of our Courts of Justice, in favor of insurgents and dis-
turbers of the public peace, we think ourselves justified to God and the
world, when we say we cannot comply with such their requisitions. The
Interests of the United States, which, with a view to Confederation, we
have made our own, forbid it. It would be licensing factious subjects to
oppose Government with impunity. We should become the resort of
insurgents and disturbers of government, and, consequently, every
measure to raise men or money in support of the Common Cause, would
be weak and contemptible.
We are conscious of doing no act, in derogation to the dignity, or in
contempt of the authority, of Congress, or to disturb the peace of the
272 Appendix B.
Confederacy; but solely, with a view to the security of our Just Rights,
and the internal peace and tranquility of this State.
As we have, from the commencement of the War, braved every dan-
ger and hardship, against the usurpations of Britain, in common with
the United States; as our inherent Right of Sovereignty and Jurisdic-
tion stands confessed, upon the principles of the Revolution, and im-
plied by the solemn transactions of Congress, we cannot but express our
surprize at the reception of the late resolutions of Congress of the 5th-
of December, obtained ex parte, and at the special instance of an infa-
mous person, as the inclosed evidence, among other things, will evince.1
And as we have, repeatedly, solicited a Confederation and Union with
the United States of America, so now, in the name and in behalf of the
Freemen of this State, we renew our request, and, in the most solemn
manner, call upon Congress to execute, on their part, the intent and
spirit of their resolution of the 21st- of August, 1781.
In behalf of the General Assembly of Vermont.
Increase Moseley, Speaker.2
The aforesaid address was read and Unanimously agreed to, and Or-
dered, that his honor the Speaker sign the same in behalf of this House,
and that his Excellency the Governor be requested to transmit a copy
of the same to the Congress of the United States of America, enclosing
a copy of the deposition of Oliver Love well, Esqr., and the petition of
Timothy Church.
In Council, Feb. 26 1783. — An Address of the General Assembly,
signed by Increase Moseley, Speaker, was read and Concurred.
Increase Moseley was born at Norwich, Conn., May 18 1712, mar-
ried Deborah Tracy of Windham, Conn., May 7 1735, removed to " An-
cient Woodbury," Conn., about 1740, and to Clarendon, Vt., probably in
1779. He was, from the first inception of the revolution, a leader of the
patriots of " Ancient Woodbury:" having been moderator of the first
meeting, for the relief of Boston, Sept. 20 1774, which appointed him
chairman of the committee of correspondence to secure "peace and
union in this and the Neighbouring Colonies;" Nov. 17 1774, was one of
the committee to secure compliance with the " Articles of Association "
adopted by Congress in the preceding month— [see Vol. I, pp. 325-328;]
and Sept. 19 1775, one of the " Committee of Inspection or Observation "
over tories and other dangerous persons. From Oct. 1751, Judge Mose-
ley served for thirty-six sessions in the legislature of Connecticut, says
Cothren's History of Ancient Woodbury, p. 471; but in the list of repre-
1 The " infamous person," referred to in the address, was Charles
Phelps of Marlborough, who was one of the most persistent opponents
to the government of Vermont. — See Bemonstrance of Jan. 9, 1783, last
paragraph but one, ante, p. 261. The " evidence " enclosed were the
statement under oath of Oliver Lovell, and the petition of Timothy
Church, which are given post.
2 In Slade's State Papers, p. 187, the name of Thomas Porter is affixed
to this paper. Porter was elected Speaker of the House at its first ses-
sion in October 1782, but was transferred to the Council, when Mr.
Moseley was elected Speaker.
Appendix B. 273
sentatives in that volume, forty sessions are assigned to Increase Mose-
ley, down to and including 1784, the fact probably being that for a por-
tion of that time Col. Increase Moseley, third son of the judge, filled
the office. This is inferred from the fact that the judge represented
Clarendon, Vt., in 1782, and must, under our constitution, have been a
resident of the state for at least two years previous to his election.
Judge Moseley served but one year in the Vermont Assembly, and in
that he was Speaker of the House. He was judge of the Supreme Court
in 1780, president of the Council of Censors in 1785, and chief judge of
Rutland county court six years, commencing in 1781. He died May 2
1795. His third son, Col. Increase Moseley, served with credit in the
war of the revolution. The judge's first son, Abisha, and the latter's
son John, are supposed to be the persons of that name mentioned in
Hollister1s History of Pawlet. The judge's fourth son, Prince, married
Mary Newton, and removed to Vermont; and his youngest and eighth
child, Triphena, married a Bronson, and removed to Vermont. Proba-
bly in Vermont Bronson was most commonly known as Brownson. The
ancestors of Rev. Abraham, Col. Timothy, Gen. Gideon, Col. Levi, and
Amos Brownson are recorded in the history of Woodbury, Conn., as
Bronsons. — See Cothren's History of Ancient Woodbury ; and Deming's
Catalogue.
Vermont Matters in Congress, Feb. 4 to May 26 1783.
Feb. 4, the Remonstrance of the Governor and Council of Vermont
was referred to a committee consisting of Messrs. Carroll of Maryland,
Gorham of Mass., A. Lee of Va., Gilman of N. H., and Wolcott of Conn.
On the 17th, the letter of Gen. Washington of 11th February to Con-
gress, Gov. Chittenden's of Nov. 14 1781 to Washington, and the reply
of the latter Jan. 1 1782, were referred. March 4, a letter of Gov. Clin-
ton of Feb. 25 to the New York delegates, and papers from the insur-
rectionists in Windham county complaining of the rigor of the Vermont
authorities, were also referred. Gov. Clinton's letter urged a speedy
decision by Congress.
Depositions accompanying Gov. Clinton's letter. — Abstracts and Extracts.1
Jan. 20 1783, Charles Phelps deposed " that the Governor & Council
and many other Officers of Vermont would pay no regard to them late
Resolves [of Congress] but had Determined to make no restitution or
[of] Damages to those who were Deprived of property pointed out &
Expressed by sd- Resolves. And this is generally beleived to be true
that the Leading and principle Officers of Vermont will not Conform
themselves to them but are determined to Fight in Opposition to sd- Re-
solves if an}' Forces are sent to Impel them to a Submission thereto." —
Page 379.
1 The depositions are all in the State Department at Washington, in
N. H. Grants, Vol. 2, No. 40. The page is indicated in the text at the
end of each.
19
274 Appendix B.
Jan. 20 1783, Jonathan Kittredge of Westminster deposed that at
Walpole,;on the 16th of Jan. 1783, Co1- Stephen R. Bradley addressed a
number of men at Walpole " Exclaiming against the Congress meaning
the Continental Congress Villifying and reproaching them " and that he
[the deponent] was " well satisfyed they Damned the Congress & for
their Toast Drank their Confusion & Drank the helth of King George
the, third of England, sd- Bradley having at this Time Addressed him-
selfe to that Company to know whether they would come and assist them
of Vermont Partie against the Continental Troops which were expected
to come among the Vermonters to Fight against them in Case they of
Vermont should need them," &c. — Page 382.
Jan. 20 1783, Thomas Frink of Keene, N. H., deposed that Paul
Spooner, early in the month, declared to the deponent that Vermont
would not regard the resolutions of Congress, but would maintain their
state organization and execute their laws against all violators of them.
—Page 383.
Feb. 22 1783, Wm. Shattuck deposed to the arrest of Timothy Phelps,
and that Vermont intended to execute him. — Page 399.
Jan. 24 1783, William Lee, of Chesterfield, N. H., deposed that Ephraim
Hubbard of Chesterfield declared to him about two months before, that
there was " a Confideracy of the People to cut down all Authority of the
United States and Officers therein and Join with the British," and that
they would succeed, "for they will have the Assistance of all Vermont
State who have joined the British, and all the British too to Joyn," &c.
—Page 387.
Copies of the foregoing depositions were all certified by Gov. Clinton,
Feb. 23 1783, and sent to Congress.
March 18 1783, Gov. Chittenden transmitted the address of the General
Assembly to the President of Congress, accompanied by the following
letter :
Gov. Chittenden to the President of Congress.
Copy of a letter from Governor Chittenden to the President of Congress,
inclosing an address from the legislature of the State of Vermont to
Congress; dated March 18 1783.1
SIB,
I Have the honor to inclose your Excellency an address from the
legislature of Vermont, on the resolutions of Congress respecting
this State of the 5th of December last, together with sundry papers
relative to the subject; agreeable to your Excellency's request in your
letter covering said resolutions to me. Permit me, Sir, to request that
you will duly lay the same before Congress.
1 wouldtfurther inform your Excellency and Congress, that agents &
delegates are appointed and duly authorised to negociate, on the part of
this State, the admission thereof into the fcederal union of the United
States, and, eventually to represent this State in Congress: And, it is
with the fullest confidence that Congress will not make any further
determinations respecting this State, without first giving our said agents
timely notice to attend at Philadelphia, that they do not at this time of
the year enter upon the journey, which must be expensive and might
prove fruitless and unsuccessful. 1 have the honor to be, Sir, your
Excellency's most obedient, humble servant,
Thomas Chittenden.
His Excellency Elias Boudinot Esq; President of Congress.
1 From the Vermont Gazette, July 10 1783.
Appendix B. 275
The first of the following papers was sent to Congress in behalf of
New York, and the remainder by Governor Chittenden — two of them
by direction of the General Assembly.
The Deposition of Oliver Lovell of Lawful Age being duly Sworn
Deposeth <fe Saith that some time ago Viz about the time when Lord
Cornwallis was a driving the people in the Southern States that one
Judge Mossly [Moseley] who was then a Superior Judge of the people
of Vermont came to this Deponents House, and in discourse with said
Mossly, Mossly said that if the people of Vermont did not make a
Speedy Treaty with the Britons they would be to blame for if that was
neglected Vermont perhaps would never have an opportunity to have
an}/ favours above the other States and I hope said Mossly our people
of Vermont will make peace with the Britons Soon — and further this
Deponent Saith not. Oliver Lovell.
June 21*- 1782.
Personally appeared before me Charles Phelps Esq. Justice of the
peace in and for the County of Cumberland State of New York Oliver
Lovell Esquire Subscriber to the foregoing testimony and made Solemn
Oath of the truth of the same.
Brattleborough, Cumberland County State of New York.1
State of Vermont, ) Oliver Lovell of Rockingham in the County
Windsor County. \ ' of Windham Esqr- of lawful Age, being duly
sworn, deposeth and saith, that this Deponent has seen a Paper purport-
ing to be a Copy of a Deposition made by this Deponent before Charles
Phelps, in June last, respecting a Conversation therein said to have been
held between Judge Moseley and this Deponent.
That this Deponent has never made any Deposition or Affidavit of
what nature soever before the said Charles Phelps, or before any other
person respecting the said Judge Moseley. That the only Time this
Deponent saw said Phelps in June last, he was informed by said Phelps
that he was not qualified to act as a Justice of the Peace (not having
taken the necessary Oaths.) — That this Deponent has never seen said
Phelps since the said Month of June, and has been credibly informed,
& believes that said Phelps is not to this Day qualified as a Justice. And
further saith not.
(Signed) Oliver Lovell.
Sworn this 18th- of February 1783. Before me,
(Signed) Simon Stevens Just. Peace.
The above is a true Copy of the Original filed in the Secretary's Office.
Tho. Tolman D. Secrv- to ve Govr- & Council.
State of Vermont, Arlington March 14th- 1783.2
Jan. 16 1783, Phineas Freeman and Nathaniel Whitney deposed that
they saw William Shattuck take the oath of allegiance to Vermont, and
the oath of office as lieutenant in the militia of Vermont, at Brattle-
borough, April 18 1781.3
Jan. 15 1783, Phineas Freeman deposed that Charles Phelps declared
k' that he would as soon come under the Infernal Prince as under the
State of New York." Jonathan Howard deposed to the same.*
1 N. H. Grants, No. 40, in the State Department, Washington, Vol. n,
p. 391.
a JST. H. Grants, Vol. 2, No. 40, p. 395. 8 Same, p. 405.
* Same, p. 408.
276 Appendix B.
Petition of Col. Timothy Church.
His Excellency the Governor, the honble the Council and House of
Representatives of the Freemen of the State of Vermont—
The petition of Timothy Church Humbly sheweth, That since your
petitioner was sentenced by the Supreme Court of this State to be
banished therefrom not to return thereto on pain of death, in conse-
quence of said sentence accordingly was banished in the month of Sep-
tember last, notwithstanding which your petitioner having intelligence
that his family were in a low state of health, as well as under despicable
circumstances in regard to the necessary's of life, Your petitioner, not
in contempt of the authority of the State, but from the tender feeling
natural from a parent to his children, has imprudently again returned
into this State, and has been so unhappy as to be taken into custody and
his life now exposed by the tenor of the award and sentence of said
Court; and now your petitioner being fully sensible of his error in op-
posing the authority of this State, and more especially after your peti-
tioner had taken and subscribed the Freemans oath, and thereby become
a member thereof, and intitled to the protection of its Laws — And as
your petitioner is williug and desirous of returning to his duty and
allegiance to the State and being restored to his Liberty and the friend-
ship of the Citizens thereof; having a deep and humbling sence of the
vile part he has acted and desert of punishment — He does as a sincere
penitent most humbly pray for pardon and forgiveness of those who he
has in this or any other case offended — also does humbly pray your hon-
ors to take his unhappy case into consideration and grant that he may
be admitted to his former freedom Liberty and privileges — And your
petitioner as in duty bound will ever pray. Timothy Church.
Dated Bennington Decern1"- 28th- 1782.
The aforesaid is a true copy of a petition presented to the General As-
sembly at their session at Windsor in February 1783, the prayer of which
was granted on condition that he pay the cost of prosecution.
Attest Ros1- Hopkins Clerk of Assembly.1
On the 28th of April 1783, Congress referred the preceding papers to
a new committee, consisting of Messrs. Carroll of Md., Gorham of Mass.,
A. Lee of Va., White of N. H., and Mercer of Va.,2 who reported on the
26th of May as follows :
Report of Committee, Messrs. Carroll, Gorham, A. Lee. White and
Mercer, on affairs of Vermont, delivered May 26 1783, entered and read.
The Committee appointed to consider the letter from Tho8, Chittenden
Esq*"- and the other papers relative to the territory calld- Vermont
Report that it will be proper for Congress to determine wither
[whether] the inhabitants of that district commonly calld- Vermont shall
be admitted into federal union as a separate State, after which it may
be proper to Consider what further steps should be taken respecting the
matters referd to in the different papers that have been referd to them.3
* AT. H. Grants, Vol. 2, No. 40, p. 409.
2 The printed journal of Congress neither names this committee nor
gives the report. The committee was found by Hiland Hall in Com-
mittee Book of Continental Congress, No. 186, and the report in the State
Department at Washington.
8 N. H. Grants, Vol. 2, No. 40, pp. 412, 420.
Appendix B. 217
This report presented no question for the action of Congress. It was
simply advisory, and the advice was practically acquiesced id, since the
continental Congress never attempted to act on either of the matters
named above by the committee until the committee reported, in May
1784, in favor of acknowledging the independence of Vermont. It is
obvious, therefore, that if Congress really intended, in December 1782,
to resort to force against Vermont, that intention was abandoned, at
least by a majority in that body, in the May following. Nay more:
Congress at this period refused to New York the use of troops, which
might have been used by Gov. Clinton against Vermont, on his interpre-
tation of state rights.1
The friends of Vermont at Philadelphia seem to have been hopeful.
u A gentleman high in office in Philadelphia" wrote on the 23d of May
1783, to a friend in Bennington, that
The definitive treaty [with Great Britain] has not arrived yet from
France, nor one from Vermont, although the preliminaries of both are fairly
settled and agreed upon. — Vermont Gazette.
Concurrently with the consideration of the foregoing papers from New
York and Vermont, Congress was called to consider another proposition
from New York, which is next to be introduced. It is a matter that has
never been alluded to in any history of the controversy which the editor
of this volume has seen ; and yet it is a part of the documentary history
• of the time, and was directly connected with the closing action on the
Vermont question in the continental Congress.
Application to Congress for Truops to be controlled by
New York— March 1783.
Congress having been prevented from using the United States troops
against Vermont by the intervention of General Washington in February
1783, New York had no means for a resort to force, except by her own
troops. To this the sixth of the Articles of Confederation interposed an
obstacle which could not be removed without the consent of Congress.
It provided that
No state shall engage in any war without the consent of the united
states in congress assembled, unless such state be actually invaded by
enemies, or shall have received certain advice of a resolution being
formed by some nation of Indians to invade such state, and the danger
is so imminent as not to admit of a delay, till the united states in
congress assembled can be consulted.2
1 See succeeding pages, and Appendix C, on the attempt of New York
to get the consent of Congress to raise five hundred troops, ostensibly
for the northern and western garrisons in that state.
2 The Constitution, Hickey's sixth edition, p. 485.
278 Appendix B.
This precluded force against Vermont by New York, because, during
the period in which force was contemplated, Congress was constantly in
session, and its consent could be asked. That consent was asked in
March 1783, almost immediately after Washington's interposition against
force by Congress, and it was persistently pressed until May 1784.
[From J. C. Hamilton's History of the Republic, &c, Vol. II. pp. 553-566.]
The legislature of New York, alive to the importance of garrisoning
the western posts immediately upon their evacuation, passed a vote in
the month of March, [1783,] requesting their delegates in congress to
obtain a resolution in conformity to the sixth article of the confedera-
tion, declaring the number of troops they should deem necessary for
that purpose, stating the opinion of the legislature that a body not ex-
ceeding five hundred men would be adequate to that object, and their
wish that the force should consist of New York state troops who had been
enlisted, and were in the pay of Congress, but whom they desired that the
United States should declare thenceforth to be considered in the service of
the state, atod not in the pay or service of the United States; requesting
munitions and provisions to be furnished by congress, but to be eventually
charged separately to the state.
The letter from General Washington suggesting the propriety of occu-
pying these posts with a portion of the troops of the United States,1 had
been referred to a committee, of which Colonel Hamilton, Madison, Os-
good, Ellsworth, and Wilson, were members.
Hamilton submitted a report to congress, directing the commander-
in-chief, whenever the frontier posts should be evacuated, to place there-
in of the troops under his command enlisted for three years such force
as he might judge necessary to hold and secure them, until further mea-
sures should be adopted for their security, for a term not to exceed nine
months.2
The consideration of this report, which was commenced on the eighth
of May, was postponed by the state of Virginia until the twelfth, when
it was adopted. Ten states voted in the affirmative, Bland, Lee, and
Mercer, the members from Virginia, being against it.3
The course which Hamilton took upon this question, gave rise to much
dissatisfaction in the minds of a portion of his constituents. The views
1 The letter of Washington to the President of Congress, May 3 1783,
in view of the application of New York, was decided and emphatic:
The posts should certainly be occupied by United States troops the
moment they are evacuated by the British. — Life and Writings, Vol. 8,
p. 429.
Later the application was for the western and northern posts; and
later still it was "for the preservation of the fortresses on the frontiers
of this state, [New York,] and for the protection of its citizens." Thus
Gov. Clinton clearly included the Yorkers in Windham county.
2 For the resolution, which was adopted May 12 1783,— thus rejecting
the proposition of New York, — see Journal of Congress, FolwelPs edi-
tion, Vol. vni, p. 191.
3 Mr. Hamilton of course voted for it; but he being the only member
from New York present, the vote of that State was not cast.
Appendix B. 279
of Clinton, the governor of New York, were widely different, and the pro-
ceedings of the legislature of that state were in accordance with those views.
Soon after Hamilton had retired from congress, Clinton addressed a
general letter to the delegates in that body.1 Among other observations,
he remarked in this letter, "I would take this opportunity also of call-
ing your attention to concurrent resolutions of the legislature respect-
ing the garrisoning of the western posts in this state, which, by the pro-
visional treaty, are to be evacuated by the British. These resolutions
were in the tenor of instructions to our delegates, and were immediately
transmitted to them; but as I have not been favoured with any official
information of the result, I submit it to you, whether some report on a
subject so interesting to the state may not be necessary for the satis-
faction of the legislature. From informal communications made to me
by the commander-in-chief, I have reason to believe that he has direc-
tions from congress for garrisoning those posts with continental troops,
and that he is making arrangements for that purpose. But as you will
observe that it was the sense of the legislature that those posts should'
have been garrisoned by the state, an explanation of the subject becomes
the more necessary; and it is now for this reason alone, I would request
that you would be pleased to favour me with a particular detail of the
motives which influenced the determination of congress on the occasion.
For it will readily be perceived, that should congress at this late day
accede to the propositions made by the state, it might be impracticable
to carry them into execution; especially as I have not ventured, in the
state of uncertainty in which I was left, to incur the expense which the
necessary preparations for the purpose would have required."
To this letter Col. Hamilton wrote a very able response, but without
alluding to any use of the troops other than to garrison the posts. Never-
theless, New York again pressed its project upon Congress in 1784, as
will be found in Appendix C.
Failing to get the five hundred regular troops from Congress, on the
12th of May 1783 Gov. Clinton resorted to the militia; but not of New
York proper, since such a force could not be marched into Windham
county without passing either through Massachusetts, or Bennington
county in Vermont, which the Governor had never found to be safe
fighting ground. His orders were given to the New York militia in
Windham county. Here it will be seen there was no concealment as to
the object of attack. This was done avowedly with the hope that Con-
gress would be induced either to resort to force itself, or permit New
York to use its troops.2
Gov. Clinton to Col. Timothy Church, June 24 1783 — Extract.8
In consequence of the communications which have been made to me
by Mr. [Charles] Phelps and yourself, with respect to the present situa-
tion of the subjects of this state in Cumberland [Windham] county, and
the dangers which they appear to be threatened with, I would advise
AThe date of this letter was Aug. 23 1783.
2 See Appendix C.
3 Eastern Vermont, pp. 498-500.
280 Appendix B.
you in case of an attempt by the usurped government of Vermont to
compel obedience and submission from any persons claiming to be
subjects of this state, to call out your regiment under the militia law,
and, by opposing force to force, endeavor to quell the insurrection [i. e.
the Vermont authorities:] and if any of the inhabitants professing to be
subjects of this state should be made prisoners by the authority of the
usurped government, I would advise you to retaliate by taking as many
of the insurgents, and detaining them under secure conduct as hostages,
until the matter can be represented to Congress. In order that you
may be prepared to defend yourselves against these violences, it now
becomes your duty particularly to see that your regiment is properly
provided and equipped with arms and ammunition, agreeable to the
directions of the militia law. I would at the same time, again impress
you with the propriety of still strictly observing the resolutions of Con-
gress, recommending peace and forbearance, and that you in nowise be
the aggressors, and would earnestly advise you to use every pacific
means consistent with the obligation of allegiance to this state, for
preventing matters from being brought to a decision by arms, and that in
no instance you recur to force, unless your persons or properties are in
certain immediate danger, taking due care at the same time to guard
against surprise. I shall take the earliest opportunity of transmitting
to Congress the depositions of yourself and Mr. Phelps, informing of the
treatment you and Mr. Timothy Phelps have received from the usurped
government, and I have no doubt that Congress will discover the
necessity jt their immediate interference for your relief and protection,
agreeable to the public faith solemnly pledged in their resolutions.
From the communications made to me by the delegates of this state,
I have reason to believe that if the attention of Congress had not been
necessarily diverted from the subject, first by the deranged state of our
public affairs, and afterwards by the great event of a peace, they would
ere this have taken measures for enforcing obedience to their resolu-
tions, and have determined as to the boundaries of the state. And I
flatter myself the question will very soon be resumed and decided.
There are many considerations which I forbear repeating, and which
should induce us to rest the determination of this matter with Congress,
in whose justice we ought to have the fullest confidence, and who can
command the force of the United States to carry their decisions into
effect.
Proposed Partition of Vermont between New Hampshire
and New York.
While Gov. Clinton evidently relied upon force ultimately, he at the
same time united with other New York statesmen in entertaining a pro-
ject for compromising the claims of New Hampshire and New York,
by dividing the territory of Vermont between them. The origin of this
scheme in 1779, and its proposal in Congress in March 1782, have already
been given in Vol. II, pp. 223-4 and 376. The renewal of the scheme in
Vermont, its proposal by New Hampshire to New York, and the corres-
pondence of New York statesmen thereon, will appear in the following
documents.
Appendix B. 281
Resolutions of a Convention of Committees of Newbury, Bradford, Nor-
wich, and Hartford, and Memorial to the Legislature of New
Hampshire, May 1782. l
In pursuance of Votes passed and information given by the Towns of
Newbury Moretown [Bradford] Norwich and Hartford lying on the N.
Hampshire Grants so called west of Connecticut River proposing to
take some measures to be informed of the honorable Gen'1 Court of New-
Hampshire whether a union of the territory aforesaid can be effected
with the State of New Hampshire, in consequence of their claim over
the same — on terms honorable and mutually beneficial — and appointing
Committees from those several Towns to meet at Thetford in order fur-
ther to consult on the subject and gain information therein in such
way and manner as may appear most advisable.
The said Committees being convened in consequence of the Votes and
instructions aforesaid— after mature deliberation came to the following
Resolutions:
Resolved that it evidently appears to be the wish and desire of the
inhabitants of the towns above named as by their said Votes and instruc-
tions is expressed — and also by good information it appears to be the de-
sire of several other towns who have not had opportunity to be repre-
sented at this time— that the territory aforesaid or part thereof should
be united with the State of N. Hampshire and be under its jurisdiction
— provided it can be done on terms that may be honorable and mutually
advantageous -And that we therefore think it our duty to enquire of the
said General Court of N. Hampshire whether agreeable to their claim
aforesaid — the territory or Grants above mentioned or part thereof may
on such terms be united with and become a part of that State — and that
we imagine such an union might be formed to the general benefit well
being and intrest of the whole.
Resolved that if the hon. Gen1- Court of N. Hampshire are disposed
or desirous to extend jurisdiction over the territory aforesaid or a part
thereof— they be earnestly requested to signify their disposition there-
for to the several towns in their said claims as soon as conveniently may
be — and also manifest their ideas respecting judicial and other proceed-
ings under the authority of Vermont — cases now pending in Courts, &c —
and if a seasonable adjustment of these last mentioned and other necessary
matters can take place — we have full reason to believe and assert that the
greater part of the inhabitants in said territory would readily acknowl-
edge the authority of N. Hampshire — Expecting doubtless at the same
time that some direction or assistance will be afforded in guarding the
frontiers.
And whereas a negotiation or correspondence has been evidently —
and from many circumstances we suspect is still carrying on by persons
in high office "in Vermont with the british officers and Government —
greatly prejudicial to the cause of America and destructive of the final
welfare of this Country — whereby there is the utmost reason to fear and
believe that many persons wrho are disposed and doubtless do harbour
and give intelligence to our enemies — cannot be bro't to justice under
our present situation — and other accumulated evils consequential thereto
cannot now be remedied —
Therefore Resolved that the Court of N. Hampshire be requested to
order a number of troops to the defence of the frontiers — it being from
1 From N. H. State Papers. Vermont Controversy, 1764-1791, furnished
by the late Capt. W. F. Goodwin, and printed in the Vt. Historical
Magazine, Vol. it, pp. 938, 939.
282 Appendix B.
many circumstances apparent that unless [aid] aud assistance be speed-
ily afforded from some quarter — the situation of these frontiers will be
truly deplorable.
Resolved that the following memorial be transmitted to and laid be-
fore the hon. Gen1- Court of N. Hampshire together with these Resolu-
tions— and that Able Curtis Esquire l be appointed Agent to wait on
that honorable Court with the same — And that said Agent be desired
and empowered to make or receive such further proposals agreeable to
the tenor hereof as may then be judged beneficial and expedient.
[ Memorial. ]
To the honorable general Court of New Hampshire to be convened at
Concord in and for said State on the second Tuesday in June next the
Committees aforesaid in the name and behalf of the Towns above
named beg leave to represent —
That the Grantees and occupants of the greater part of the lands in
the territory aforesaid were possessed of titles from the Governor of
New Hampshire and in expectation of having continued under the juris-
diction of that Government —
That the people in said territory were very unexpectedly and disa-
greeably involved in difficulties and calamities by being annexed to New
York by the royal edict in the year 1764 — out of which they ever were disi-
rous and endeavored to extricate themselves — but without success until
after the memorable american revolution— when for their mutual benefit
and protection against the efforts of internal and external foes they were
impelled by necessity to form into a seperate jurisdiction —
That necessity and necessity only induced the inhabitants of the
Towns above mentioned and many others to unite and continue under
the new Government — Being unjustly deprived of that jurisdiction and
protection from New Hampshire which they had a right to expect and
enjoy. And while they have esteemed the Congress of the United
States to be the guardians of the rights of a numerous and free people
— and have been "ready to stand forthe in the defence and support of the
cause of America — they have for a long while looked to them for a set-
tlement of our unhappy disputes; but hitherto to no purpose.
That while on the one hand we view with keenest anxiety a negotia-
tion on foot with the british greatly to the detriment of the public cause
and tending to our final ruin without a speedy remidy— which we are
not at present in a capacity to obtain or afford — on the other hand we
may view our rights violated in the most flagrant manner and our liber-
ties trampled upon by a number without rebuke or remorse — And there-
fore unless a number of men be raised or afforded for the defence of
these frontiers — we must view their situation to be indeed very dis-
tressed and unhappy.
That altho we would not wish to involve ourselves under greater dis-
advantages to obtain relief from our present troubles— we think it our
duty nevertheless to enquire whether the jurisdiction of New Hamp-
shire may not be as real as its claim — and whether the territory afore-
said may not be speedily united with and become a part of that State on
such principles as may be honorable mutually beneficial and advanta-
geous to the whole — Being persuaded that the said territory on account
of its fertility &c. may greatly add to the wealth and resources of New
Hampshire.
1 Mr. Curtis had served in the previous February, as Agent of Ver-
mont at Congress, and was then a member of the General Assembly.
Appendix B. 283
The Committees aforesaid there fore beg that your honors would take
the several matters herein before suggested into your wise consideration
and rest assured you will pursue such measures thereupon as will event-
ually prove for the best good of New Hampshire and the territory afore-
said whose interest ought doubtless to be inseparable.
Signed by order and in behalf of the Committees aforesaid — this thirty
first day of May in the Year of our Lord seventeen hundred and eighty
two and in the sixth year of American Independence.
Bildad Andros Chairman.1
Newbury May 31th: 1782
at a Legal meeting of Sd- Town on said Day being a full meeting voted
to be under the Government of the state of Newhampshire at the
same time chose Gideon smith to meet a Convension of members from
towns who should be of our Opinion at Threaciford [Thetford] in Order
to make application to Sd- state of Newhampshire.
but two men Voted in the Negative who war William Wollis and Levi
Sylvester Jacob Kent Town Clerk.
Newbury November 7th: 1782
Whereas Application was Made to the State of Newhampshire at their
Sessions at Concord In June last by Mr. Curtis Agent for five Towns
and Incouragement Given for Jurisdiction and protection and we are
Senceable that protection has been afforded from Sd- State for which we
return Sd- State thanks in the Name of this Town and now Desire
said State would Extend Jurisdiction over said Town in its, full Extent
as it is the Desire of the Town in General. Your Humble Servants.
P. S. the vote of Newbury the 31st of May last is enclosed.
Solo'n Heath ) 0 , ,
Joshua Bayley I Selectmen
Frye Bayley \ of Newbury.
The Honble: the President Council and House of representatives of
the State of New Hampshire.
The dissatifaction in the four towns named in the preceding papers
doubtless was due in part to the dissolution of the second Union with
New Hampshire towns in the preceding February, and in part to jeal-
ousy of the ruling Vermonters: but evidently loyal sentiments to the
State soon prevailed. Thetford seems to have declined to join in the
scheme : in fact, June 11 1782, a special meeting of that town was called,
" to see if said town considers itself belonging to the State of Vermont,
or not ; " and it was voted " we consider ourselves belonging to the
State of Vermont."2 Hartford and Norwich were each represented in
the Vermont Assembly in the October following — Hartford by its lead-
ing men, Joseph Marsh and Joshua Hazen; and Norwich, as one of
'Doctor Bildad Andross was one of the delegates from Bradford to
the Conventions at Windsor, June and July 1777, to organize the Ver-
mont government, and a member of the Vermont Assembly in 1787.
He was a justice of the peace under New York from 1766 until at least
March 14 1775, as on that day he signed the " State of Facts " of the
Westminster massacre in his official character as a New York magistrate.
—See B. H. Hall's Eastern Vermont, pp. 747, 765.
*Vt. Hist. Magazine, Vol. II, p. 1095.
284 Appendix B.
its representatives, by the agent named by the Convention at Thetford
to present its memorial to New Hampshire- Abel Curtis ; Bradford
was also represented in 1783 ; but Newbury was unrepresented until
1784, when Jacob Bayley was one of its representatives. Gen. Bay-
ley was the leading man of his town and vicinity, and the unanimity
of Newbury on this subject, and its long neglect in returning to Ver-
mont, were probably due to his influence. The memorial charges the
Vermont government with imperilling their safety by negotiating with
the British, flagrantly violating their rights, and remorselessly trampling
upon their liberties. This seems to be an indictment in three counts,
but the real meaning undoubtedly is, that Vermont, in securing its
western frontier, was subjecting the north-eastern to greater danger
from the enemy. This was the opinion of Gen. Bayley on receiving
news of Ethan Allen's truce with the British, in Nov. 1780, immediately
after Royalton had been burnt ; and the same opinion was expressed by
Col. Thomas Johnson of Newbury, in a letter to Gen. Washington, on
the 30th of May 1782 — the day preceding the Convention at Thetford.
Certainly the records of Vermont contain nothing hostile to the towns
in question ; so necessarily the ground of their dissatisfaction must be
sought for elsewhere. The letters of Bayley and Johnson follow.
Gen. Jacob Bayley to President Weare of New Hampshire. ]
Newbury 6th Nov'r 1780.
Sir, J Send Inclossed an Extract of a letter2 from Maj'r- Allen to
Capt. Safford which is very alarming to me I question whether Either
of the United States may Proceed So far as that Extract Shows they
have done they confine the Truce to this State as they call it the
Threats they have made and many other Concurring reasons Induceth
1 Vt. Historical Magazine, Vol. ii, p. 937.
2 The extract was as follows:
Fort Vengeance, [Pittsford,] Oct. 30 1780.
To Capt. Jesse Saftbrd, supposed at Bethel Fort.
Dear Captain. — I received a letter from Gen. [Ethan] Allen last even-
ing informing that the evening before he received a flag from the British
troops at Crown Point, with letters of importance from the commander
in chief at Quebec. Major Carleton hath pledged his faith that all hos-
tilities on his part shall cease during the negotiation, and he expects the
same on our part. You are, therefore, carefully to observe the rules of
war and give strict orders to your scouts and troops to govern them-
selves accordingly. A copy, of this letter you will forward to the troops
stationed on your side of the mountain, if the spirit of this letter were
made known to the inhabitants on your side of the mountain it would
be well. I am, dear sir, your humble servant, Ebenezer Allen.
The copy of the above was attested by Bezaleel Woodward " by de-
sire of the general committee [of safety] on the New Hampshire Grants
contiguous to Connecticut river."— Washington Letters, State Dept.,
Vol. xliv, p. 31.
Appendix B. 285
me to think the Letters of Importance and Negotiation mentioned in
the abstract are no other but in Consequence of Purposals by Genl. Al-
len to the Governor of Canada in behalf of Vermont I cannot Expect any-
Better of a number on that Side the Mountains if they Cannot have
their will than to Join the Enemy and if they do it will be bad for you
as well as us. * * All the force that can be spared from Canada is at
Crown Point, and Onion River, and tho. they have been for Six weeks
in that Quarter and it had been in their Power to Distress the People
on the Grants west of the mountains yet not [a] man kiled or Capti-
vaeted nor House Burnt but look on this Side where People are opposed to
the People on the west in their Extravagancy s they Burn kill and Captivate
and have been and now are watching to Destroy this and other Places on
this Eiver also look at York State what Devastation have they made
even to Fort Miller the Country is Ransacked and burnt is it not Alarm-
ing on our Part we Shall Keep a good look out and are Determined
to oppose to the last 1 do Expect they will make another attack on this
River. I wish you would give orders that the mytiest Jlegt in your
State [come] so one [we] might be in Peadyness, while I am Writing Lt
White came in from Onion River Informs that a Party of Enmy are Still
on Onion River your Troops are well that are here and 1 am much
Pleased with your officers I am Genrl- Your most obedient Humble
Servant. Jacob Bayley.
Extracts from letters of Col. Thomas Johnsoyi to Gen. Washington}
Newbury May 30, 1782. — This infernal plan of treachery in Vermont
(as I have often heard in Canada) was contrived before Ethan Allen left
the British, and he was engaged on their side. It ran through the coun-
try like a torrent, from New York to Canada, and the present temper of
Vermont is a piece of the same. Were the people in general upon the
grants on this side of the mountains to declare for New Hampshire or
New York, it would be contrary to the agreement of their leading men;
and unless protected by your Excellency, the innocent with the guilty
would share a miserable fate. This part of the country being sold by a
few designing men, of whom a large number are very jealous, a small
number have by me their informer, or otherwise, got the certainty of it,
and it puts them in a most disagreeable situation. They are desirous of
declaring for New Hampshire; but many of their leaders earnestly dissuad-
ing them from it, it keeps us in a tumult, and I fear the enemy will get so.
great an advantage as to raise their standard, to the destruction of this part
of the country. They keep their spies constantly in this quarter without
molestation, and know every movement and transmit the same directly to
Canada; and when matters take a turn contrary to their minds, we are mis-
erably exposed to their severest resentment.
Exeter, July 20, 1782. — I have been exposed by the infirmity or the im-
prudence of a gentleman, one that we could not have expected it
1 History of Coos County by Grant Powers, pp. 205-212.
Col. Johnson (lieutenant colonel of militia under New York) was a
resident of Newbury and a zealous patriot. March 8 1781, he was cap-
tured by a party of British and Indians and taken to Canada, where he
was held as prisoner until October 5 1781, when he was permitted to re-
turn to his home on parole. The two letters here quoted from were
for his release by an exchange.
286 Appendix B.
from.1 I have received nothing [from Canada] of much importance
since my last. I have since received a confirmation of their [the Brit-
ish] intentions to execute rigorous measures against the opposers of
Vermont.2 I have fears of an invasion on that part of New Hampshire
by the imprudence above mentioned. I have fears of the [my] correspond-
ence [with the British] being stopped; have wrote to Canada: since
which by agreement Capt. Prichard was to meet [me] on Onion River,
the 10th of this instant. Private concerns brought me here at this time.
If suspicion don't prevent, I expect something of importance waiting for
me; should it prevent, shall stand in the greatest need of a man to send
in exchange for me.
President Weare to Gov. Clinton.3
Hampton falls July 2d 1782.
Sir, — I have the honor of Inclosing to your Excellency a Resolve of
the General Assembly of the State of New Hampshire pass'd in Conse-
quence of a Representation from sundry Towns on the west side of Con-
necticut River.
Your Excellency is not Unacquainted with the many difficulties which
liave Arisen, both to this State, and the State of New York, by reason
of the Claim of Vermont so called, which matters have been submitted
to the determination of Congress: But there does not at present Appear
a prospect of a Speedy Determination of Congress respecting the Mat-
ter. It is represented, that an Agreement between the States of New
York and New Hampshire, Respecting their Boundaries, might proba-
bly tend to bring the matter to an issue and that the people in general
between Connecticut River and the height of land, would be better sat-
isfied to belong to New Hampshire than to Vermont, if Vermont could
be made a Seperate State. What the disposition of the people on the
west side of the height of land may be, I am not able to say. If these
difficulties could be Setled to general Satisfaction it would be happy. I
am to Request Sir, that you would take the mind of your Legislature
Respecting the Matter, and favor me with the Result of their delibera-
tions thereon, As soon as may be.
I have the honor to be with much Esteem and Respect yr- Most Obe
& Humle Sev*- Meshech Weare.
His Excellency Governor Clinton.
Resolution of the Legislature of New Hampshire, June 21 1782.
State of New > In the House of Representatives June
Hampshire \ ye 21* 1782.
Upon reading a representation from the Towns of Newbury, More-
town, [Mooretown, alias Bradford,] Norwich & Hartford lying on the
west side of Connecticut River expressing their Desire to be under the
1 Col. Johnson had professed to British officers in Canada to be on
their side, and it was the exposure of his true character as a whig that
he feared.
2 June 17 1782, Capt. Prichard with a British scout of eighteen men
made a very bold but unsuccessful attempt to capture Gen. Bayley at
Newbury. Col. Johnson was present.
8 Clinton Papers, No. 4268.
Appendix B. 287
Jurisdiction of New Hampshire in case they could be received upon
such Terms as were honorable and mutually advantageous and also
intimating that it would probably be agreeable to the Inhabitants of
that part of the Territory called Vermont that is situated to the East-
ward of the heighth of land to join New Hampshire on the same terms —
Resolved that altho this State suppose they have a just title to the
whole of the Territory called Vermont which has long been controverted
between this State and the State of New York, nevertheless for the sake
of Peace and a good harmony with said State of New York and to
accomodate the said Inhabitants East of the said heighth of land this
State is willing to extend their Jurisdiction over that part of the Terri-
tory called Vermont that lays East of said heighth of land, Provided the
generality of the Inhabitants thereof shall desire it, provided also that
New York will settle a boundary line upon the said heighth of land —
And also in such case this State will do whatever may be found needfull
and reasonable to be done towards establishing the proceedings of said
District under the Authority of Vermont and also will afford them such
Protection against the Common Enemy as the nature of the Case and
the ability of the State will admit. And that the President be desired
to inform the State of New York of our proceedings herein and desire
their Sentiments respecting the same.
Sent up for Concurrence. John Dudley Speaker P. T.
In Council June 21st 1782 read & concurred.
M. Weare President.
Copy Exanv1 by T. Pearson D. Secy-
Gov. Clinton acknowledged the receipt of the foregoing resolution ;
stated that he had laid it before the legislature, but too late for their
action ; and expressed confidence that measures would be adopted for
effecting an amicable settlement of the controversy.1
Delegates of New Hampshire to Prest. Weare. — Extract.
Philada- Dec. 11th- 1782.
You have Inclosed Sundry Resolutions passed the 5th Inst. Respecting
the affairs of Vermont; a Resolution is now under Consideration2 for
Assigning a Day when Congress will make their final Determination
Respecting that Territory. This we Endeavoured to have determined
in Season to be Transmitted by this Post, but it has met with such
Obstructions as has hitherto prevented, it will probably be done in a few
days — As the final Determination of this matter is of very great Impor-
tance we have to repeat the Request, that the Honorable the Legislature
would be pleased to give their Explicit Instructions on the Subject.
They will undoubtedly Examine the Act of November 1779, and other
Resolutions and Instructions now in force on this Subject. It is proba-
ble the first Question will be whether they shall be a Seperate and Inde-
pendent State; if this should be Determined in the Negative we should
then wish to know whether the Honorable the Legislature would desire
to have the matter determined in the Mode prescribed by the Ninth
Article of Confederation, or attempt an Agreement and Accommodation
1 Clinton Papers, No. 4691.
2 The resolution here referred to is not noticed in the journals of
Congress; probably because no decision was made thereon.
288 Appendix B.
Respecting the same with New York & Massachusetts^ We have
frequently heard while in the State that this affair might be Easily
Settled, but although much has been done by the State to obtain a Settle-
ment; Special Agents have been appointed for the purpose; and it is
now more than three years since the Act passed Submitting the affair to
Congress; Still it remains unsettled and is greatly Embarrassed.
We have the Honor to be Your most Obed1- Servts,
P. White,
John Taylor Gilman,
HonbIe Meshach Weave Esquire.
John Taylor Oilman to Prest. Weave.
Philada> Jan? lGth 1783.
Sir, — Your favor of the 30th Ultimo (on the subject of Vermont af-
fairs) came to hand yesterday. Am Sorry to find that the Honble the
Legislature have not given any Direction in that matter The Legisla-
ture of New York are now in Session, and from some information which
I have had this Day, think it is probable they will Repeal their Act by
which the Desision of this matter was Submitted to Congress ; if it
should be proposed in the present State of this matter, and without De-
ciding on the Question of their Independence, that it be Recom-
mended to New York and New Hampshire to adjust this matter be-
tween themselves, Reserving to Massachusetts the Right of Claiming,
and a Trial upon the principles of the Confederation, and that Congress
pledge themselves for carrying into effect their agreement, How Ought
we to vote on the Question? for my part I feel Embarrassed by that part
of the Act of 1779, by which A Special Agent is appointed and other
Instructions heretofore given on that Subject.
I have conversed freely with Gen1- Whipple 2 on the Subject at Large.
He has had opporU to Converse with others, and will give full Informa-
tion. Have no News to write, more than is in the Papers Inclosed.
I have the honor to be Your most Obed1 Serv1
John Taylor Gilman.
Alexander Hamilton to Gov. Clinton.*
Philadelphia Jan^ 1* 1783.
Sir, — As the Legislature will shortly meet I take the liberty to mention
to Your Excellency, that it appears to me of Great importance, they
should take up the affair of Vermont on the idea of a compromise with
1 The second clause of Article ix of the Confederation made Congress
the last resort in questions between states as to boundary or jurisdiction;
and provided for a trial of such cases by commissioners to be agreed
upon by the parties, or, in case of disagreement, appointed by Congress.
—See The Constitution, by W. Hickey, sixth edition, p. 486.
2 Gen. William Whipple of New Hampshire had just completed his
duty as one of a board of commissioners sitting at Trenton, to try a case
between. Pennsylvania and Connecticut. At the date of the above let-
ter he seems to have been in Philadelphia.
8 Clinton Papers, No. 4905.
Appendix B. 289
Massachusetts and New Hampshire and propose to those States a meet-
ing of Commissioners for that purpose. I have little hope that we shall
ever be able to engage Congress to act with decision upon the matter or
that our State will ever recover any part of the revolted territory but
upon a plan that will interest the two States I have mentioned, or at
least one of them. If you agree with Massachusetts and New Hamp-
shire, or with one of them, the agreement will I think meet with support
here.
A peace may shortly take place; this makes it of great importance
to our pretensions that the affair should be speedily determined.
I have the honor to be yr- Excellencys Most Obed. & hm. Serv.
A. Hamilton.
William Floyd [in Congress] to Gov. Clinton, Feb. 18 1783.— Extract.1
It still appears clear to me that a Compromise with New Hampshire
will be a very proper Step to be taken and I do hope that our Legisla-
ture will before they Rise do the needful on that subject, to meet the
wishes of New Hampshire as Communicated in their Letter to your
Excellency last Summer.
Gov. Clinton to Alexander Hamilton, Feb. 24 1783. — Extract.2
You may remember, that in July last, I submitted to the consideration
of our Legislature, certain Resolutions of the Assembly of New Hamp-
shire, making overtures for an amicable settlement of a boundary line
between the two States; which were read and committed. * * * I
cannot, however, discover any disposition to take up this business. It
seems to be the prevailing opinion, that as Congress has engaged to
make a final decision of the controversy respecting the district called
the Grants, a partial compromise of the matter would be improper; as
any measures for the purpose, might alienate the affections of our most
zealous subjects in that quarter, and be attended with other dangerous
consequences. Besides, doubts exist whether the Legislature have
authority, by any act of theirs, to consent to such a dismemberment of
the State as would probably be insisted upon, on a compromise with
New Hampshire. I am, nevertheless, still persuaded, should Congress
determine the summit of the mountains to be the boundary between the
two States, this State (whatever our sentiments might be of the equity
of the decision) would, for the sake of peace, submit to it: and there
cannot be a doubt, but that New Hampshire would be perfectly satisfied
with the jurisdiction of so extensive and valuable a territory.
John Church Hamilton on Alexander Hamilton's action on the Vermont
Question in 1782-3.8
It has been observed that the territorial controversy between New-
York and the people of Vermont had remained, at the commencement
of this congress [1782-3,] unadjusted. Congress had never acted with
decision on this subject. New-England, with the exception of New-
Hampshire, was in favour of the disaffected party. Some of its leading
1 Clinton Papers, No. 4934.
2 Works of Hamilton, Vol. i, p. 338.
3 History of the Republic of the U. 8., bv Tohn C. Hamilton, Vol. n, pp.
538-541.
20
290 Appendix B.
men denied the right of congress to interfere; most doubted the expe-
diency. The four states south of New-York also favoured their preten-
sions. She [New- York] was only sustained by the southern states —
jealous of the east — unwilling to admit into the union another small
state to enjoy equal political weight, and to have a voice in respect to
their western claims. But New- York entertained no doubt of her
rights, and looked with extreme jealousy on any interference with them.
Several individuals who acknowledged their allegiance to her had been
banished by Vermont, and their estates confiscated. This procedure
was brought before congress on the fifth of December [1782,] by a reso-
lution seconded by Hamilton, declaring it to be " highly derogatory to
the authority of the United States, and dangerous to the confederacy;"
requiring restitution of the confiscated property, and pledging them-
selves to enforce it. After several modifications, it passed. The only
object of this resolution was to prevent hostile collisions until the ques-
tion of jurisdiction should be settled, or at least until the termination of
the war. But the enforcement of it would be extremely difficult in a
country of mountains and defiles, by troops, most of whom were from
the Eastern States, and all averse to such a conflict. When Hamilton
proposed this resolution, he had recently taken his seat in congress,
[Nov. 25 1782,] and was uninformed of the diversity of the views enter-
tained by its members on this subject. As soon as he ascertained the
true position of the question, he wrote to Clinton suggesting a compro-
mise. The governor replied that the prevailing opinion of the state was,
that a partial compromise would be improper, as congress had engaged
to make a final decision of the controversy. He thought, however, that
if the summit of the mountains should be designated by them as the
boundary, New- York would submit to it " for the sake of peace."
Hamilton again adverted to the subject: "A few days since1 I was
honored with your excellency's letter of the , and was glad to find
your ideas on the subject corresponded with mine. As I shall in a day
or two take leave of congress, I think it my duty to give my opinion to
the legislature in a matter of importance to the state, which has been
long pending, and is still without a prospect of termination, in the train
in which it has been placed. I mean the affair of the Grants. It is haz-
ardous to pass a positive judgment on what will happen in a body so
mutable as that of congress; but from all I have seen, I have come to a
settled opinion, that no determination will be taken and executed by
them in any other manner than in that prescribed by the confederation.
There is always such a diversity of views and interests, so many com-
promises to be made between different states, that in a question of this
nature, the embarrassments of which have been increased by the steps
that have preceded, and in which the passions of the opposite sides have-
taken a warm part, decision must be the result of necessity. While
congress have a discretion, they will procrastinate; when they are bound
by the constitution, they must proceed.
It is therefore my opinion that it will be advisable for the legislature,
when they meet, to review the question, and either to relinquish their
pretensions to the country in dispute, or to instruct their delegates, if a
decision is not had within a limited time, to declare the submission to
congress revoked, and to institute a claim according to the principles of
the confederation. It would be out of my province to discuss which
side of the alternative ought, in policy, to prevail, but I will take the
1 Mr. Hamilton did not give the date of the letter quoted. The letter
was to Gov. Clinton, and the internal evidence is that it was written
about the 14th of July 1783, as Hamilton left Congress on the 16th.
Appendix B. 291
liberty to observe, that if the last should be preferred, it would be expe-
dient to remove every motive of opposition from private claims, not
only by confirming in their full latitude, previous to the trial, the pos-
sessions of the original settlers, but even the grants of the usurped
government. It may happen that it will be eventually necessary to
employ force; and in this case, it would be of great importance that
neither the inhabitants of the Grants, nor powerful individuals in other
states, should find their private interest in contradiction to that of the
state. This has already had great influence in counteracting our wishes,
would continue to throw impediments in the way of ulterior measures,
and might at last kindle a serious flame between the states.
Alexander Hamilton to Gov. Clinton, July [23] 1783. — Extract.^
It [the Vermont question] is a business in which nobody cares to act
with decision. As intimated before, I much doubt the perseverance of
congress, if military coercion should become necessary. I am clear that
the only chance the legislature have for receiving any part of the revolted
territory, is by a compromise with New Hampshire, and this compro-
mise must originate between the States themselves. I hope the legisla-
ture will revise the late act for confirming the possessions of those who
hold lands in that country. I am certain there are doubts upon the
subject, and it were much to be wished such doubts did not exist. The
present dissatisfaction of the army is much opposed to any experiment
of force in a service where scruples of interest or prejudice may operate.
Gen. Hamilton's suggestion, (about the 14th of July 1783,) to relin-
quish the pretensions of New York as an alternative, was the prelude to
his subsequent zealous and finally successful labors in bringing the con-
troversy to a close in that mode. To no man does Vermont owe so
much for that result as Alexander Hamilton; but other New York
statesmen of that period — notably PniLiF Schuyler, John Jay, and
Gotjverneur Morris — aided much in so influencing public opinion in
New York as to make that result possible. More of the opinions of
Mr. Morris have been preserved than of any other New York statesmen
except Clinton and Hamilton; and although his letters preceded 1783 in
point of time, they covered all the phases of Hamilton's views in 1782-3,
and began in 1778 where Hamilton ended ten years later, in the opinion
that Vermont could hardly be retained by New York.
Gouverneur Morris to Gov. Clinton in 1778. — Extract.2
Moor Hall, 4th March 1778.
Sir, — I take the liberty of writing to you Upon a subject of the utmost
importance to our State. By following so much of St. Paul's advice as
LLife and Writings of Gouverneur Morris, by Jared Sparks. Mr.
Sparks gave the month but not the day of the date, which probably was
the 23d, as it has been ascertained that Hamilton wrote to Clinton on
that day. It refers to a previous letter, supposed to be of about the 14th
of the same month.
2 Furnished to the Mew York Herald, in 1842, by Col. Beekman of
Flatbush; N. Y.
Mr. Morris was a delegate from New York in Congress at the date of
this letter, and from 1777 to 1780, in .which body he served with great
292 Appendix B.
to become all things to all men I find clearly from the very best author-
ity that without nice management we shall certainly loose [lose] the
State of Vermont. The Eastern States are determined that they shall
not be oppressed to use their phrase. The prejudices of the people are
against us so are their interests. Designing men take advantage of
these circumstances to forward their own private views. Tis absurd to
reason against the feelings of mankind. Neither is it much to the pur-
pose whether our claim is right for if it be, the most which can be said
for us is that we have right without remedy. What are their claims?
Occupancy settlement cultivation and the Book of Genesis. What their
plea? Their mountains their arms their courage their alliances. Against
all this what can we produce? Why forsooth a decision of the King in
council and a clause in the confederacy. How ridiculous for wise men
to rear any edifice of hope upon so slender a foundation. But how are
we to act? to give them up? No! We must go to the mountain if the
mountain won't come to us. They complain that the capital is too far
off: carry it nearer not merely for their sakes but for our own. They
complain of our impeachment of their title. Give them good title; we
want subjects not land. They complain of the quit rents: abolish them.
We cant have more of a cat than the skin. A good government, a free
one I mean, will always command the wealth of its people. Hudson's
river ensures us that of Vermont and Vermont ensures us Hudson's
river. For Vermont must be fortified all over and vast magazines of
military stores must be laid up in Vermont and when any body presumes
to attack us from the eastward we shall know what to do. All this is
not yet enough: you must apply to their feelings. Suppose for instance
the legislature should take up the case of Vandyke, Ethan Allen and
other our subjects [prisoners in the hands of the British at that date,]
and make very pointed resolutions for the liberating of them. Suppose
for his [Allen's] services and sufferings a part of [tory] Kemp's land
should be given to him and that part if any such there be which eastern
gentlemen claim. Apply yourself to Warner's weak side. Baily [Jacob
Bayley] is still a considerable man among them. Let splendid acts of
justice and generosity induce these people to submit early to our do-
minion for prejudices grow stubborn as they grow old. This business my
dear sir hath long pressed upon my mind with a weight and impression
which I cannot describe. It is under heaven the great thing needful to
us and though I laugh whenever Vermont is named yet I could almost
use the poetical language intended for another occasion and say " tis
laughter swelled with bursting sighs."
Jared Sparks gave extracts of other letters of Mr. Morris on- Vermont,
in the first volume of the Life and Writings of Governeur Morris, intro-
ducing them as follows :
It is to be presumed, that the New England members [of the Conti-
nental Congress] generally, for wise political reasons, preferred that
Vermont should become an independent State; but from the sketch of a
ability and tireless industry. His liberal views as to Vermont were in
part the cause of his dismissal by New York in 1780, when he removed
to Philadelphia and acted as colleague with Robert Morris in the finan-
cial department of the continental government. Subsequently returning
to Morrisania, N. Y., lie died there on the 6th of November 1816. He
is ranked among the most eminent orators and statesmen of his day. —
See Drake's Dictionary of American Biography.
Appendix B. 293
debate on the subject, preserved in Mr. Morris's handwriting, it appears
that they did not avow this ground openly. Roger Sherman, who was
thought secretly to encourage the Vermont party, declared in this de-
bate "that Congress had no right to decide the controversy, that the
confederation was not complete, and if it were, they could do no more
than act as mediators, that Vermont ought to be heard in the case as
well as New York, that if both parties left it to the decision of Congress,
after a full hearing, it might then be taken up with propriety, that the
people of the Grants were never subject to New York by their own
consent, that when independence was declared they were as much
included in the declaration as any other persons in the United States,
and if they now had any differences to settle with their neighbors, it did
not belong to Congress to interfere. Mr. Gerry maintained nearly the
same doctrine, denied the power of Congress to intermeddle, regarded
the inhabitants of Verment as extra provincial, who, as such, might set
up for themselves, and believed an arbitrary decision by Congress would
give fresh discontent and increase the difficulty. Some of the southern
members accorded with these sentiments, and argued that nothing could
be done at any rate, without definite instructions from the several States.1
1 The debate here alluded to was on the resolutions of Congress as to
Vermont, June 30 1777.— See Vol. I, pp. 396, 397. In a letter from the
New York delegates to their Council of Safety, dated July 2 1777, they
stated that the greater part of four days was spent in considering the
subject, and that " no debate was ever conducted with more deliberation
and solemnity." The letter recommended that commissioners should
be dispatched at once to commend the resolutions and plead the cause
of New York in the insurgent district. " This appears to us the more
necessary," they say in conclusion, " as Mr. Eoger Sherman of Connec-
ticut, who brought in the petition for those people to Congress and has
all along acted openly as their advocate and patron, and in the last
debate plead their cause with a zeal and passion which he never discov-
ered in any other instance, and which in a judge between a State and
some of its own members, was far from being commendable. This
gentleman, we say, immediately on passing the resolutions, procured
copies, and Imving obtained leave of absence, is already set out on his
journey to the eastward. What may be his views with respect to our
dispute, we know not, but to his enmity and officiousness you ought not
to be strangers."— H. Hall's Early History, pp. 252, 253.
This allusion to Mr. Sherman calls for a recognition of the debt which
Vermont owes to him, and to Connecticut. Mr. Sherman's favor to
Vermont at a later date is shown by the following letter:
Roger Sherman of Conn, to Josiah Bartlett of N. H*
Philadelphia July 31, 1781.
Sir, — Enclosed is a copy of an Act of the General Court of Massachu-
setts respecting the State of Vermont, f The matter has been debated
for several days past in Congress, on a report of a Committee to whom
* Historical Magazine, N. Y., Vol. vi, pp. 277-279.
f Resolution of March 8 1781, conditionally relinquishing her claims to part of Ver-
mont.—See Vol. ii, p.,.199.
294 Appendix B.
From some circumstances it may be inferred, that Mr. Morris's views
did not differ widely from those just enumerated.
Mr. Morris to John Jay. — Extract.
He wrcte to Mr. Jay: " Vermont is yet Vermont, and I think no wise
man will pretend to say when it will cease to be so. The local situation
of that country is critical, and there are in it some ardent spirits, whose
termigant quality has been too little attended to. Strange that men, in
the very act of revolting [Congress revolting against Great Britain.]
should so little consider the temper of revolters. But this is eternally
'the case. We can reason well in our closets about past events; we come
out into the world and act blindly; we look towards the future and are
bewildered."
Mr. Morris to Gov. Clinton. — Extracts and Abstract.
To Gov. Clinton he also wrote: " I wish the business of Vermont were
settled. I fear we are pursuing a shadow, with respect to that matter,
was referred a Letter from the President of your State. The Committee
reported as their opinion " that Copies of the act of Massachusetts be sent
to the States of New Hampshire and New York, and that the expedi-
ency of passing similar acts be referred to them. And in case they
relinquish their claims of Jurisdiction over the Grants on the West Side
of Connecticut River, Bounded East by said River; North by Latitude
forty-five Degrees; West by Lake Champlain; and the west lines of sev-
eral Townships, granted by the Governor of New Hampshire, to the
North West corner of Massachusetts; and South by the North line of
Massachusetts; Congress will guaranty the Land & Jurisdiction belong-
ing to the said States respectively; lying without the said limits, against
all claims and Encroachments of the people within those limits." What
will be ultimately done in Congress is uncertain. Some Gentlemen
are for declaring Vermont an Independent State; others for explicitly
recommending to the States aforesaid to relinquish their claims of
Jurisdiction; others, only for referring it to their consideration as re-
ported by the Committee, and some few are against doing any thing that
will tend to make a new State.
I am of opinion that a speedy & amicable settlement of the Contro-
versy would Conduce very much to the peace and welfare of the United
States; and that it will be difficult, if not impracticable, to reduce the
people on the east side of the River to obedience to the Government of
New Hampshire, until the other dispute is settled. That the longer it
remains unsettled, the more difficult it will be to remedy the evils. But,
if the States of New Hampshire & New York would follow the example
of Massachusetts, respecting the Grants on the west of Connecticut
River, without waiting for a recommendation of Congress, the whole
controversy would be quieted, very much to the advantage and satisfac-
tion of the United States, and that the Inhabitants of New Hampshire
and New York, living without the limits of the disputed territory, would
return to their allegiance.
The British esteem it an object of great importance to them, to engage
the people of Vermont in their interest, and have accordingly instructed
Gen. Clinton & Gen. Haldiman to use their best endeavours to that end.
And tho' I don't think the people have any intention to come under the
British yoke, or do any thing injurious to this Country, yet, if left in
their present Situation, they may be led to take steps very prejudicial to
the United States. I think it very unlikely that Congress can attend to
the settlement of the dispute by a Judicial decision, during the War,
Appendix B, 295
and every day I live, and everything I see, give to my fears the consis-
tence of opinion. It is a mighty arduous business to compel the sub-
mission of men to a political or religious government. It appears to me
very doubtful whether Vermont, if independent, would not be more use-
ful to New York, than as the Eastern District."' He added his belief,
moreover, that the government of the State [of New York] would be
more manageable, and greater benefits derived to the people, from a less
extent of territory; that the security of a republic is the diffusion of
knowledge, and the vigor and spirit of a common sentiment, which may
persuade and animate every heart; that " the attempt would be more
virtuous, and more honorable, to force cultivation through the barrier of
a land monopoly, and to spread its influence over a hoarded wilderness,
than vainly to subdue or acquire, or more vainly to covet, a wide domin-
ion extensively useless." x These opinions were not relished by his
friend, the Governor, nor by the other prominent characters in his own
State. At a later period, in writing to Governor Clinton, he recurred
to the same topics as follows.
" If I differ with you in sentiment on any occasion, it must be because
we have a different view of the subject. Neither of us can be influen-
ced by improper motives, especially on the present occasion. You
speak of submitting cheerfully to the decision of Congress. Two ques-
tions arise here. Will Congress decide? Will the disaffected submit?
When I had the honor of a seat in Congress, I knew tolerably well the
sentiments and dispositions on those subjects.2 Depend upon it, time
has not given you any strength there. You certainly cannot dictate
to them. When I say you, I mean the State, or if you please its dele-
gates. Whether you have not even less influence is a problem, which
I will not resolve.
" Again, the revolt has daily less in it of novelty, and mankind have a
reluctance at shaking what looks like establishment. We contemplate
for though the parties were heard last fall respecting their claims, yet it
cannot now be determined, upon the right, because there are many new
members that were not then present.
1 am credibly informed that a great Majority of the Members of the
Legislature of the State of New York, at their last Winter Session,
were willing to relinquish their claim to Jurisdiction over that district,
and that they should be admitted to be a separate State, but the Gov-
ernor, for some reasons, prevented an act passing at that time.
We have no news remarkable here. Paper Currency is very much at
an end; some of the new Bills are bought & Sold, but Silver and Gold
are the only Currency. The prices of Commodities are much fallen,
many articles are as low as before the War. I send you two of the last
newspapers, and am with Great Esteem & Regard,
Your Humble Servant, Roger Sherman.
P. S. Since writing the foregoing, Congress have recommitted the
report. New York delegates arrived to-day. They are instructed to
move for a decision of the affair of Vermont.
The Hon. Josiah Bartlett Esqr-
1 The vigor of this home-thrust at the u land monopoly " of the New
Yorkers was never exceeded by any Vermont writer; and this prefer-
ence for the cultivated lands of free holders to the " hoarded wilderness "
of non-resident landlords, proves that Mr. Morris was far in advance of
most of his colleagues in the science of political economy.
2 This shows that the letter was written subsequently to 1780.
296 Appendix B.
effects, and seldom concern ou -^ives about causes. In a hundred years
not above one American in mudred will care about the tea act, or
stamp act, or examine whethe ? declaration of independence was just-
ifiable or unjustifiable. Furthc. , the Congress have daily less weight and
more embarrassments. It is needless to ask why, supposing the fact.
The Congress, therefore, will not, I believe, make any decision. Indeed,
if all other obstacles were removed, still a great question will remain.
Can Congress interfere between a State and its subjects? Admitting,
however, their decisio7i in all its force, would it be obeyed? No more
nor sooner than the pope's bull. What then remains? Just what is
now before us, either compulsion or neglect. Either let these people
alone, or conquer them. I prefer the latter, but I doubt the means.
If we have the means, let them be used, and let Congress deliberate and
decide, or deliberate without deciding, it is of no consequence. Success
will sanctify every operation. Forty victims to public justice or wrath,
and submission from the rest of the people, will convince everybody.
These are arguments, which are perfectly irresistible.
"If we have not the means of conquering these people, we must let
them quite alone. We must continue our impotent threats, or we must
make a treaty. If we let them alone, they become independent de facto
at least. Hundreds will resort to them for different reasons. They
will receive lands from them, and cultivate them under the powers
which are. When the dispute is again renewed, these cultivators will I
believe be better soldiers than logicians, and more inclined to defend
their possessions, than examine their titles. If we continue our threats,
they will either hate or despise us, and perhaps both. We shall thor-
oughly alienate their affections. They will become, in the unphilosophic
language of politicians, our natural enemies, and always prove a most
troublesome and disagreeable neighbor. On the whole, then, my con-
clusion is here, as on most other human affairs, act decisively, fight or
submit — conquer or treat."
Here, wrote Mr. Sparks, the idea of a power in Congress to decide the
controversy is abandoned. Indeed this idea gradually lost ground on
all hands, and the New Yorkers began to talk of force, and compulsory
measures. But the prudent were willing to pause at the threshold of
such a design.
APPENDIX C
THE INSURRECTION IN WINDHAM COUNTY, AND ITS
BEARING ON THE VERMONT QUESTION IN
CONGRESS —OCT. 17S3 to OCT. 1784.
Legislative Action on the Insurrection.
Notwithstanding the clemency authorized and ottered by the General
Assembly by the act of 25th Feb. 1783,1 the offered pardon and release of
Timothy Church by a special act,2 and of Timothy Phelps on the 24th of
June,3 the adherents to New York in Windham County were not dis-
posed to submit to Vermont. Encouraged by the resolutions of Con-
gress of Dec. 5 1782 to expect aid from that quarter, and by the advice
of Gov. Clinton, June 24 1783, to the lately pardoned Church to call out his
regiment and resist the execution of the Vermont laws,4 they boldly
avowed their purpose to resist, and the fears and passions of the two
parties in the county were so roused that peace and social order were at
an end and the usual avocations of the people neglected.5 One of the
first duties of the Vermont government at the October session of the
General Assembly was to meet this exigency.
From the Assembly Journal, Oct. 11 1783:
Arrangement of business for the session:
3d — That some effectual measures be taken to quiet the present
Disorder in the Southern part of Windham County.
6th- — That the Militia be put under proper Regulations for the Defence
of this State.
Resolved that Wednesday next be assigned for [a meeting of] this
House with the Council in a Grand Committee of the whole to take into
Consideration the 3d- Article in the foregoing report.
Resolved that a Committee of five be chosen to join a Committee from
the Council to take into Consideration the 6th- Article in the preceding
Report, and to prepare and bring in a Bill for the Purpose therein
Ante, p. 270. 2 Ante, p. 268. 3 Ante, p. 22. 4 Ante, p. 279.
1 Ante, p. 270. 2 Ante, p. 268
5 Eastern Vermont, pp. 498-501.
298 Appendix 0.
mentioned. Committee ehosen Mr- Ormsby, Mr- Marvin, Mr- Underwood,
Mr E. Curtis and Mr- Lovell.1
Oct. 15. — Resolved that his Excelleney and Honble: Couneil be
requested to join this House in Grand Committee upon the Business
of quieting the Disorders prevailing in the Southern part of Windham
County.
In Grand Committee, Oct. 15 1783.
His Excellency the Governor and the honorable Council joined the
General Assembly in Grand Committee upon the Business of quieting
the Disorders prevailing in the southern part of Windham county, and
after some time spent therein adjourned until the Committee shall be
called together by his Excellency.
Oct. 18. — The Grand Committee being called together by his Excel-
lency the Governor upon the Business of quieting the Disorders pre-
vails- in the Southern part of Windham County agreed upon a Bill for
that purpose & to report the same to the Legislature.
A Bill was also presented to the Grand Committee by a Sub-Committee
appointed by them, for the purpose of quieting antient Settlers; which
being read the Consideration thereof was postponed until Tuesday
[Wednesday] Morning next.
Then the Grand Committee adjourned until Tuesday [Wednesday]
morning next.
Oct. 22 1783. — The Grand Committee consisting of his Excellency the
Governor the Honble the Council and General Assembly, reported — that
to enable the civil Authority to exercise their Offices in the southern
part of the County of Windham, and to suppress an Insurrection in the
said County, a military force be forthwith raised to assist the said civil
Authority, for the term of six Months, unless sooner discharged. That
it consist of one hundred men, well officered and equipped for War. —
That Col. Benjamin Wait be appointed to command said men. — That
their pay be as follows pr: Month:
-10-1-0
- 5-:-0 '
That the Pav of the Commissioned Officers commence from the time of
their receiving Orders, and the non-commissioned Officers and Privates
from the time of their Inlistmerit. That General Fletcher be requested
to order his Brigade to hold themselves in readiness to assist in the said
Service.
That General Fletcher, with the Advice of the Officers commanding
said Troops, augment or dismiss said Troops as Circumstances may re-
quire.
That the Troops furnish themselves with arms.
That the Commissary General be directed to furnish the Troops with
Ammunition, Provisions, and a necessary allowance of spirituous Li-
quors.
That one Company of said troops be from Col0- Wait's Regiment, and
the other Company from Col0- Bradley's Regiment — and that the Officer
commanding said Troops appoint the other Officers.
Which Report being read was accepted and Ordered that a Bill be
brought in thereon.
The said Grand Committee further reported, That in Addition to the
measures above reported, the Captain General give Instructions to Col0-
1 Messrs. Olcott and Fletcher were joined from the Council.
Col°- Wait,
£20-:-0-
:-0
Serjeant, £3-
Major,
£13
Corporal
Captain,
£10
Drum & fife, <£3-
Lieutenant,
£ 7
Soldier, £3
Appendix C. 299
Wait and the Officers commanding the Troops ordered to be raised pur-
porting that it is not the Intention of Government to be severe with
those who have heretofore opposed— provided they submit. — That the
Officer commanding be instructed to give special Orders to the Troops
under his Command not to meddle with the persons or Property of any
who quietly submit to this Government.
That all those who do voluntarily submit and take the Oath of Alle-
giance to this State before they are arrested by any Officer, shall not be
prosecuted on the part ©f the freemen of the State till the rising of the
next Session of the Legislature: and that they engage then to pass an
Act of Pardon in favor of so many as will submit as aforesaid and peti-
tion for that Purpose.
That the sense of the Committee of both houses be taken whether
it will not be advisable for the Governor and Council to remit any Fines
heretofore laid on those who have opposed this Government in the
County of Windham, provided they submit to Government and petition
for the same. — That those People be further informed that with respect
to any Losses they may have sustained by Confiscation or otherwise in
their Opposition to this Government their only way for relief is to sub-
mit to Government and petition the Legislature for a Compensation.
Which report being read, was accepted.
An act was passed in accordance with the foregoing report.1
Oct. 23. — The Grand Committee consisting of the Governor Council
& Assembly, reported the following Resolution viz*-
Resolved, That his Excellency the Governor be and is hereby requested
as soon as may be to issue his Proclamation offering a free and ample
Pardon for all offences committed against this State by any or either of
those persons in the Southern part of Windham County who have here-
tofore opposed this Governm1- and shall take an Oath of Allegiance
before any Justice of the Peace within thirty days after the Promulga-
tion of said Proclamation.
Which being read was accepted.
While the General Assembly was in session at Westminster, Charles
JPhelps of Windham County, who had subjected himself to severe penal-
ties of the law and was a chief offender, appeared at Walpole, N. EL,
opposite Westminster, and sent a request for a passport to visit the
General Assembly. On the 21st of October a resolution was passed
requesting the Governor to grant a passport, " under such restrictions
as his Excellency shall think proper ; " and on the same day the Governor
complied, declaring that "liberty is hereby granted to Charles Phelps,
Esq., to pass unmolested from Walpole to said Assembly now sitting at
Westminster, there to remain during my [his] pleasure, then to return
from thence to said Walpole : and all persons in this State are to take
notice hereof and govern themselves accordingly."3 Thus the concilia-
tory disposition of the Vermont authorities was tested previous to any
movement of the force against the insurgents in Guilford. A considera-
ble number of the adherents to New York, particularly in Halifax,
availed themselves of the offer of pardon.3
1 Slade's Vermont State Papers, p. 476.
2 See ante, p. 30.
3Eastern Vermont, p. 503, note.
300 Appendix C.
Thanksgiving for Providential Aid in the Revolutionary
War, and Preservation of this State from the
Machinations of designing Men, &c.
In General Assembly, October 14th- 1783.
Resolved, that the second Thursday in November next be set apart as
a Day of Public Thanksgiving to Almighty God, and that His Excel-
lency the Governor be requested to issue his Proclamation for the due
Observance thereof.
Extract from the journals, Lem. Chipman, Clerk [pro tern.'] l
By His Excellency
THO. CHITTENDEN, Esq;
Captain General, Governor, and Commander in Chief, in and over the
State of Vermont,
A PROCLAMATION.
rpiHE Supreme Governor of the TJiiiverse, having been pleased, in his
■*- righteous and merciful Providence, to afford us, his People, various
Manifestations of his Goodness, giving us Occasion to rejoice and give
Thanks at the Remembrance of his Loving -Kindness ; it becomes us, at all
Times, to devote ourselves to him, and with due acknowledgments to render
Praise to his Name; especially at the present JEra, when, notwithstanding
our Provocations and Unworthiness, he is affording us distinguishing
Expressions of his Faithfulness, putting a happy Period to our late Dis-
tresses, and doing great Things for us — wheijeof we are glad.
T have therefore thought fit, by and with the Advice of the Council,
-*- and at the Request of the General Assembly of this State, to appoint,
and I do hereby appoint Thursday the Thirteenth Day of November
next, to be observed as a Day of public Thanksgiving and Praise to
Almighty GOD: And I do hereby call upon and strictly require all
Persons,' of every Denomination, residing within this State, duly to
observe and keep said Day, that we may, with united Hearts and Voices,
gratefully acknowledge the abundant Goodness of our God, in the
repeated Tokens of his Mercy towards us : That he has preserved so many
of our Lives the Year past, and blest us with such Enjoyment of Health
in our Dwellings: That in the Course of the late War he has afforded
the Interposition of his Providence, in our Protection from a powerful
Enemy, when we were few in Number, and destitute of human Aid —
preserved this State from the Machinations of designing Men — been
pleased to own our just Cause, preserve our Liberties and Independence,
direct our Councils, bless the Administration of civil Government, and
preserve so much Unity and Peace among ourselves: That he has blest
the Labour of our Hands — given us a competent former and latter
Harvest: That he has been pleased to afford us in our Land a happy
Issue from the Distresses of War — so ruling the Councils of the late
belligerent Powers, as to cause a Cessation of Hostilities, and a delight-
ful Prospect of the Settlement of Peace upon an equitable, honorable,
and lasting Basis: That we are favoured with a preached Gospel in our
Land, manifesting that GOD has Purposes of Mercy and Goodness
towards us: That he has filled our Hearts with Gladness, and crowned
the Year with singular Expressions of his Loving-Kindness and tender
Mercy.
1 Council Journal, Oct. 16 1783.
Appendix C. 301
And at the same Time humbly to implore the Divine Favour, that
GOD would graciously continue to us the Blessings we enjoy, and
remove the Calamities which yet attend us — turn us from our evil Ways
— bless all Orders of Men — bless the Administration of civil Government
in this State— bring forward its Settlement — bless the Means of Grace —
raise up and Send faithful Labourers into his Harvest— Succeed the
Means of Education — cause that a lasting and increasing Harmony may
subsist between this and the United States of America— prevent new
Out-Breakings of War in Europe— greatly exalt the peaceable Kingdom
of JESUS, that the Distresses of War may come to a final End, and the
whole Earth be tilled with his Glory.
All servile Labour is forbidden on said Day.
Given under my hand, in the Council Chamber, at Westminster, this
16th Bay of October, 1783. TIIO. CHITTENDEN.
By his Excellency's Command,
LOT HALL, Sec. Pro Tern.
GOD save the PEOPLE. l
Election of Delegates and Agents to Congress— 1783.
From the Assembly Journal:
Oct. 17 1783. — Then proceeded by Ballot to chuse Delegates to repre-
sent this State in the Congress of the United States, When the Honble
Moses Robinson, Esqr> the Honble Isaac Tichenor Esq1-' His Honor Paul
Spooner Esqr' The Honble Ira Allen Esqr- and Stephen R. Bradley Esqr-
were duly chosen according to Constitution.
Oct. 20 1783. — Then proceeded with the Governor and Council, to elect
Agents to attend the Congress of the United States when the same shall
be necessary — when the Honble Moses Robinson, Isaac Tichenor and
Paul Spooner Esqrs: were duly chosen.
In Assembly, Oct. 26 1783.
Resolved that His Excellency the Governor and the Honble the Coun-
cil be empowered and requested to give Instructions, on behalf of the
freemen of this State, to the Agents appointed to negotiate and transact
the business of this State at the Congress of the United States, if their
attendance should be necessary before the next session of this Assembly.
The distinction between Agents and Delegates was this: the first were
to negotiate for the admission of the State to the Union, and the last
were to represent the State in Congress when admitted. Sec. 10 chap.
II of the constitution required an election of Delegates by ballot by the
General Assembly; but the custom was to elect Agents in a committee
of the whole of the two Houses.
A Retaliatory Act against New York.
The Assembly passed, and on the 23d of October 1783 the Governor
and Council concurred in the following act :
1 From the Vermont Journal, October 23 1783.
302 Appendix C.
AN ACT to prevent the inhabitants of New- York being allowed greater
privileges within this State, than the inhabitants of this State are
allowed! within the State of New- York.
Whereas, by an act of the Legislature of the State of New York, no
person or persons belonging to this State, are permitted to commence
any suit or action at law, within the jurisdiction of New York, for the
obtaining of their just rights, unless they acknowledge the jurisdiction
of said State, so far as to take an oath of allegiance to the same.
Therefore,
Be it enacted, &c. that no person or persons, being an inhabitant or
inhabitants of, or residing within the jurisdiction of the State of New-
York, shall, within the time of his, her or their residence as aforesaid,
commence any suit or suits at law, within the jurisdiction of this State,
against any inhabitant or resident thereof, for any civil matter or
contract, until the Legislature of said State of New- York shall allow the
inhabitants of this State full liberty to commence the like suits within
their jurisdiction, and without any such lets or hindrances.
Suppression of the Insurrection in Windham County.
Between the' adjournment of the Legislature on the 23d of October
1783 and the February session of 1784, the civil powers of the State,
aided by the military posse, were rigorously and successfully used.
Nov. 16 1783 a party of a dozen Yorkers assaulted the house of Luke
Knoulton of Newfane, forcibly entered, and captured Knoulton, and
conveyed him into Massachusetts. Gen. Samuel Fletcher immediately
ordered out a military force for a pursuit, which was rendered unneces-
sary by the release and return of Knoulton. The civil power was then
brought to bear upon the captors by Gen. Fletcher as magistrate, and
three of them were quickly arrested. An attempt to arrest the leader
at Brattleborough, Dec. 1, was forcibly prevented by the adherents to
New York; and oh the same day, at Guilford, another party of Yorkers,
among whom was Charles Phelps of Marlborough, captured and carried
away, " to his great damage," Benjamin Carpenter, formerly Lieutenant
Governor of the State. After these events, forbearance toward the lead-
ing insurrectionists ceased to be a virtue, and William Shattuck (then
under sentence of death for treason, though permitted to reside on his
farm,) was arrested and imprisoned on the 25th of December. Charles
Phelps (then under indictment for treason, though permitted to be at
large,) was also arrested and imprisoned with Shattuck at Westminster;
and Dec. 31, William Shattuck was removed to the jail at Bennington.1
1 Yesterday William Shattuck, one of the principal disturbers of the
peace in the county of Windham, in this State, was safely confined in
gaol in this place, who will doubtless soon meet the reward he has so
long and so justly merited. Since the most lenient means prove ineffec-
tual in quieting the insurgents in that quarter, the most decided meas-
ures is to be carried into immediate execution. — Vermont Gazette, Ben-
nington, Jan. 1, 1784.
Appendix C. 303
Terrified by these events, sixteen of the prominent adherents to New
York met at Brattleborough, on the 6th of January, 1784, and addressed
the following petition, through Gov. Chittenden, to the government of
Vermont:
Whereas the exigencies of the people living in sundry of the towns
on the Grants, viz., Brattleborough, Guilford, Hinsdale, and others, de-
mand the most serious consideration of the virtuous citizens both of the
subjects of New York and Vermont, and a zealous assiduity to come to
some equitable and salutary measures to prevent all kinds of severity
against each other, or any hostile measures which will finally bar the
benevolent exertions of the subscribers in their humble address to the
authority of Vermont:
Therefore it is most humbly prayed and earnestly desired by each of
us, the subscribers, that the authority of Vermont would immediately
release Major Shattuck and Esquire Phelps from their present imprison-
ment; also cease from acts of the like kind, and restrain the troops
raised and to be commanded by Colonel Wait, from marching for the
support of the government, until the rising of the next session of As-
sembly in February next, at which session of Assembly, the subscribers,
who profess themselves to be subjects of New York, really intend by
themselves or by agents appointed for that purpose, to make application
to said Assembly of Vermont, for a general purification,1 and an amica-
ble settlement of past misunderstandings and things which have hap-
pened between the people claiming to be subjects of New York and
Vermont, upon just and equitable terms, consistent with the rights of
mankind, the constitution of Vermont, and the authority of the United
States of America.
[Signed by] John Bridgman, Samuel Knight, John Houghton, Jona-
than Hunt, William Biglow, Timothy Church, Henry Evans, Jotham
Biglow, Orlando Bridgman, Francis Prouty, Edward Carpenter, Timo-
thy Phelps, Hezekiah Stowel, Amos Tute, Elijah Prouty, Rutherford
Hays.
Reply of Gov. Chittenden — Jan. 10 1784.
Gentlemen:— I received a request signed by you, which appeared to be
designed for the consideration of the authority of this state. Viewing
it to have come only from those in opposition to this government, it
would not admit of an answer for many reasons which appear obvious
from the tenor and style of your writing. I shall, however, inform you,
my friends, of my sentiments respecting the matters contained in it.
The prospects I have had, which are well known to you, since the rising
of the Assembly, of a general submission, which was the only object of
government, have been the only cause of the unexpected delay of the
march of the troops.
I am very certain were the Assembly now sitting they would have no
bargain to make with the people who have given us so much trouble
without any object. I cannot say what might be done by them to pre-
vent the march of Col. Wait's troops. This I can say, that nothing
snort of an immediate and universal submission can effect it.2
Of course Gov. Chittenden left the civil and military authorities to
deal with all offenders, as before. Small detachments of militia were
1 Thus in the copy. Probably the word written was pacification.
2 Eastern Vermont, pp. 503-508.
304 Appendix 0.
actively employed at this period in searching for and seizing the arms
and persons of the belligerent adherents to New York. Jan. 8 1784,
Francis Prouty (the leader in the capture of Knoulton,) was seized and
imprisoned; on the 9th the house of Maj. Henry Evans was entered,
and arms and ammunition were seized, Evans himself being absent or
concealed. The residences of two other offenders were also entered
with like results. On the 10th, for the purpose of securing the sub-
mission of the Yorkers, and to put an end to the nocturnal visits of the
Vermont militia, Stephen R. Bradley wrote the annexed official letter:
To the inhabitants of the town of Guilford and its vicinity, who have been
opposing the government of Vermont.
I officially acquaint you, as Attorney-General for the freemen of the
State of Vermont, that government wishes for your welfare as a people,
and notwithstanding the coercive measures that are adopted, are willing
to do every thing for you consistent with the welfare of government;
and I now assure you, upon your desisting from your opposition, and
returning peaceably to your families, your persons and property shall
be protected; and in order for that, upon your certifying under your
hands on your parole of honor to me, or to the sheriff of this county, or
his deputy, or to Majar Josiah Boyden of Fulham [Dummerston,] that
you will not directly nor indirectly do any act or thing prejudicial to the
State of Vermont, all prosecutions against any of you shall be no further
prosecuted till the rising of the next General Assembly, when I trust
you may meet with all desired lenity. I except nevertheless all persons
who have been taken by the officers of government, and such as have
been banished. What you do in this respect must be soon, as the mat-
ter is now become serious, *
On the day the foregoing was written, warrants were issued for the
arrest of three of the leading Yorkers, Henry Evans of Guilford, Eleazer
Church and Nathaniel Chandler of Brattleborough. Church and
Chandler were both arrested, and imprisoned at Westminster.
Jan. 16 1784, an armed party of Yorkers, commanded by Nathaniel
Carpenter of Guilford, attacked the head-quarters of Commissary Gen-
eral Farnsworth and other civil and military officers of Vermont, at the
inn of Josiah Arms in Brattleborough, wounding Maj. Boyden in the
leg, shooting a traveller through the thigh, and capturing Constable and
Ensign Oliver Waters.2 In consequence of this renewed assault in spite
1 Eastern Vermont, p. 509.
2 Same, p. 510, 511. Waters was taken into Massachusetts, there
ironed by " a huge weight of ill-shaped iron " fastened to his hands, and
committed to two persons who were instructed to convey the prisoner
to Poughkeepsie, the quarters at that time of Gov. Clinton. On the
morning of the 17th, fifteen citizens of Halifax started in pursuit of the
York party, and rescued Waters at Northampton on the 18th. They
then arrested Timothy Phelps, whom they found at Hadley, and at-
tempted to take him to Vermont ; but on the 19th they were in turn
arrested by the sheriff of Hampshire County, Mass., and were tried for
Appendix' C. 305
of proposed leniency, orders were at once issued (Jan. 17 1784) to the
militia to assemble for active service — with what effect the following
letter shows :
Stephen B. Bradley to the Printers of the Vermont Journal.1
Guilford, January 24 1784.
No doubt the various reports which have gone abroad respecting the
measures taken by government against the riotous body of men in this
town who call themselves Yorkers, will leave you anxious of hearing the
particulars.
On Saturday morning the 17th inst. I received by express from the
Commissary General [Farnsworth,] intelligence, that a body of armed
men to the number of about 20, the preceding night, had marched from
Guilford to Brattleborough, and about the hour of 12 at night, had
surrounded the house of landlord Arms, in said Brattleborough, and
fired a number of balls into the house where were a number of travellers
and others, and had wounded one or two men, and then by violence
bursted into the house, and had taken and carried away Constable
Waters, who had put up there that night, supposed with a design to take
from him a quantity of money which he had been collecting on taxes;
and that said body of men were commanded by one Daniel Ashcroft,
and William White, of Guilford, who called themselves officers. I
immediately sent the express to the high sheriff, who, very soon, made
an official demand of 200 men from the posse to assist him in the execu-
tion of his office, in consequence of which, I issued orders for that
number of men to march from this regiment, and to rendezvous at
Brattleborough the next day at 8 o'clock in the morning. On the 18th
the posse were mustered at Brattleborough, to the amount of 200 and
upwards, where General Fletcher joined us on his way from Boston, and
Lieut. Governor Spooner, who was on his tour to Bennington, to take
his seat on the bench of the supreme court. On Monday the 19th,
having received information that the whole body of Yorkers who were
determined to oppose the collecting taxes, and in short, all government,
were assembled at Guilford; we immediately marched the posse there,
in order to reduce them to the obedience of the laws; upon our appearing
in sight with the troops, that body of men betook themselves to flight
without firing a gun. .The militia were stationed at Guilford meeting-
house till Wednesday the 21st, two days; in which time about 30 of that
party came in, took the oath of allegiance, and delivered up their arms.
Having previously been informed, that about 40 of those persons were
assembled in arms near the south line of Guilford, upon the borders of
the Massachusetts: whereupon I received orders from Gen. Fletcher, to
take a detachment of 120 men, and proceed with the high sheriff and
disperse them; having marched about three miles, we came in sight of
landlord Packer's, who lived within half a mile of the south line, where
we perceived a number of men turning out of the house and parading;
by that time the posse had got within twenty rods of the Yorkers, they
gave one fire upon our troops, without ever challenging or saying a
word, and then retreated. I believe about 25 of their guns went oft'; the
riotous conduct and fined in the sum of £21 8s. The results were, that
both Waters and Phelps were relieved from arrest, and the Halifax
party was reimbursed by Vermont out of the property of Charles Phelps.
— Eastern Vermont, pp. 511-513.
Wermont Journal, Feb. 18 1784.
21
306 Appendix C.
posse rushed on with great resolution, but unfortunately they got over
the line into the Massachusetts, before our troops could get up with
them, having all the advantage of the ground. Our troops never dis-
charged a gun till they had received about 15 shot from them. One
brave man, Sergeant Silvanus Fisk, of Westminster, was very badly
wounded in his body, but I hope will recover. Since that time several
of their leaders have been taken and committed to gaol, and 'tis hoped
will soon receive their just reward.1
Jan. 22, Ethan Allen reached Guilford with ammunition, and three
militia companies from Bennington county; but as the Yorkers had
taken refuge in Massachusetts, the posse returned to Brattleborough,
and was dismissed on the 23d, with the exception of a guard which con-
ducted sundry prisoners to the jail at Westminster, and carefully
watched them until their trial.
Feb. 3, the superior court met at Westminster, chief justice Moses
Eobinson presiding: Francis Prouty was convicted for the abduction of
Luke Kuoulton, and sentenced to imprisonment for forty days and pay
a fine of £30; Charles Phelps, Abraham Avery, and Henry Evans, ar-
raigned for the abduction of Lieut. Gov. Carpenter, were required to
pay the costs of prosecution; Cyril Carpenter was alone found guilty of
the offence last named, and was fined £20, required to give bonds for his
good behavior, and stand committed until the judgment should be com-
plied with. Several of the Yorkers were indicted for the affair at Guil-
ford in January, the count mainly urged being that for wounding Fisk.
Joseph Wells of Brattleborough plead guilty, and was fined £20 and
costs, sentenced to prison for six months, and until the judgment should
be discharged. On another indictment Wells was fined £30 and costs,
and like imprisonment required. Elijah Curtis was fined £10 and costs,
and Amos Yaw jr. £5 and costs. Edward and Asaph Carpenter, Shu-
bael Bullock, Joseph Chamberlain, and David Thurber, and several oth-
ers were fined in various amounts; others were dismissed on paying
costs; and several of the complaints were withdrawn for want of proof.
Charles Phelps was tried for the capital offences charged in 1782 against
him, with Shattuck, Church, Evans, and Timothy Phelps. His plea was
guilty, and he was adjudged attainted of treason, sentenced to sixty
days' imprisonment, and a forfeiture of all his property to the State.
The prisoners having been thus disposed of, parts of two companies, un-
der Lieut. Elijah Knight and Capt. Benjamin Whitney, were stationed
at Guilford and neighboring towns until the first of March. A party
from this force, Feb. 20, invaded Massachusetts so far as to arrest Dan-
1 Fisk was lingering in March, when the Assembly voted him £35 on
account of his illness; but he died previous to October, when the State
paid the balance of his -claim. Joel Knight of Dummerston was
slightly wounded. These were the only casualties of the posse. For an
interesting account of this affair, more in detail, see Eastern Vermont,
pp. 514-518.
Appendix C. 807
iel Shepardson of Guilford, who had accepted a New York commission
as magistrate; but otherwise, their service was to prevent the return to
the State of those persons who had left it on the approach of the posse.
Proceedings of the General Assembly, Feb. and March, 1784.
From the Assembly Journal:
Feb. 20, 1784. — His Excellency the Governor with the Council came
into the House and laid before the Assembly the following papers, viz. —
A letter signed by the honorable David Howell delegate from the
State of Rhode Island to Congress, dated Princeton, Octr- 6th- 1783 di-
rected to his Excellency Gov1'- Chittenden — was read.
Copy of orders delivered by the Captain General to Col0- Wait dated
Octr- 24th- 1783— was read.
A letter signed Micah Townseud Esqr- directed to his Excellency
dated Nov- 20th- 1783 l — and a copy of his Excellency's answer dated
Decr- 9th- 1783 — read — likewise a copy of alettei signed by his Excellency
of the same date directed to Col0- Benjamin Wait — was read.
A letter signed by General Roger Enos and Col°- Nathan Stone dated
Dec1*- 18th- 1783 directed to his Excellency was read.
A copy of a letter signed by his Excellency directed to Joseph Farns-
worth Esqr- dated Decr- 24th- 1783 was read.
A letter signed by Col0- Benjamin Wait directed to his Excellency
dated Decr- 18th- 1783 also his Excellency's answer dated Decr- 24th- 1783
— were read.
A letter or petition signed by a number of men in opposition to this
Government dated Brattleborough Jan^ 6th- 1784 directed to his Excel-
lency— And his Excellency's answer directed to John Bridgman dated
Jany- 10th- 1784— were read.2
A letter signed by Joseph Farnsworth Esqr- Corny- Gen1- dated Jan?-
16th- 1784 directed to Gen1- Sam1- Saftord — and a letter signed by Gen1-
Safford dated Jan^- 18th- 1784 directed to his Excellency — and a copy of
-i The following, from the Vermont Gazette of Nov. 27 1783, probably
contains the substance of Mr. Townsend's letter :
Bennington Nov. 27.
By a letter from a gentleman in Brattleborough, to his Excellency the
Governor, we are informed, that Luke Knolton, Esq; was met on his
way to Poughkeepsie in the State of New-York, guarded by one Shat-
tuch, and Francis Prouty; that Mr. Knolton requested that no prosecu-
tion be commenced against those who took him until his return, which
he expected would be immediately. By the same letter we are informed
that Gov. Clinton has refused any further incouragement to the dis-
affected in Windham county, and advises them to pay their taxes to Ver-
mont: In consequence of which, numbers -have actually paid their taxes,
and there is the highest prospect of their full submission to the Govern-
ment of this State.
Dec. 8 1783, intelligence was received at Windsor that the inhabitants
of Halifax, theretofore opposed to Vermont, were, almost to a man, pay-
ing their taxes, and appeared willing to aid in quelling the disturbers of
the peace.
2 See ante, p. 303.
308 AppendixJU.
his Excellency's order to Capt. Joseph Safford dated Jany- 18th- and 19th-
1784 were read.1
A copy of a letter signed by his Excellency directed to Col0- Benja-
Wait dated Jany- 19th- 1784— was read.
A letter signed by Joseph Farnsworth Esqr- dated Brattleborough
Jany- 29th- 1784 directed to his Excellency— was read.
A letter signed Hugh McClallen date Colrain Jany- 22(1- 1784 directed
to the officer commanding at Guilford — and a copy of an answer to said
letter signed by his Honor Paul Spooner Esqr- dated Guilford Jany- 24th-
1784 — also two other letters signed by his Honor and directed to his
Excellency both dated Jan?- 25th- 1784— were read.
His Excellency the Governor and Council then withdrew from the
House.
Discharge of the Posse.
In Assembly: Feb. 24. — The following message from the Council was
read— viz. —
"In Council Feby- 24th- 1784.
The Council recommended to the Assembly to take into considera-
tion the expediency of continuing the number of men now in Service at
Guilford as it appears there is more in number than is necessary and to
provide for their being dismissed. Attest, Jos. Fay See*-"
Resolved that a Committee of live to join a Committee from the
Council be appointed to take said message under consideration, and
make report of their opinion to this House as soon as may be. — The
members chosen M1 [Gideon] Olin, Mr- Harmon, Mr- Sabin, Mr- A. Smith,
[Abidah, of FomfretJ and Mr- Bean.
A petition signed William Shattuck who is now in Bennington Goal
praying for pardon &c. was read and refered to a Committee of five to
join a Committee from the Council to take the same under consideration
state facts and make report of their opinion to this House. — The members
chosen Mr- Ormsby, Mr- Harris, Mr- Shumway, Mr- Lyon and Mr- Sabin.1
In Assembly: Feb. 25. — The committee Mr- Olin, Mr- Harmon, Mr-
Sabin, Mr- A. Smith and Mr- Bean with the Committee of Council
appointed to take under consideration the expediency of continuing the
troops in Guilford &c. brought in the following report viz —
"That in their opinion 27 men officers included will be a guard suffi-
cient to be stationed at Guilford for the time being, which guard to
consist of one lieutenant, one ensign, two Serjeants, and two corporals
and 21 rank and file, and that the remainder of the State troops raised
to assist the Sheriff of the county of Windham in executing the laws of
this State be discharged as soon as may be; and that some person be
appointed by this Assembly to proceed to Guilford with orders to direct
what officers and soldiers shall remain in Guilford to compleat the
cruard as above said and to discharge the remainder of said troops."
The aforesaid was read and accepted and thereupon,
1 Capt. Safford commanded one of the three companies of reinforce-
ments from Bennington county, which, with Ethan Allen, reached Guil-
ford on the 22d of Jan. The letters here referred to, therefore, were in
reference to this reinforcement.
a Mr. Brownson was joined from the Council, and March 1 an adverse
report was made, leaving Shattuck to apply for pardon under the
general act. See post, pp. 310, 311.
Appendix 0. 309
Eesolved that brigadier general Sam1- Fletcher be and is hereby
appointed and impowered to proceed to Guilford and discharge the State
troops raised for the assistance of the Sheriff of the County of Windham
in executing the laws of this State, except 1 Lieut., 1 ensign, 2 serj*- and
2 corporals and 21 rank and file — and that it be at his discretion who to
retain.
Clemency to the Insurrectionists.
Feb. 20. -A petition signed John Shepardson, William Bullock and
David Stowell Selectmen of Guilford for 1781 —setting forth that as the
opposition to government in that town has been such that it has been
out of their power to collect the provision tax granted in 1781 until verv
lately and that a considerable number of the then taxable inhabitants
have moved out of the State, and that besides the twentieth part, which
can be taken off by law, there remains the sum that was assessed on the
grand list of £480 10 — which they cannot collect, and praying that the
said town might be credited that sum — was read and referred unto a
Committee of three to take the same under consideration, state facts
and make Report.
A like petition was presented from Brattleborough, and relief was
granted to both towns, as had been previously granted to Halifax.
Feb. 26. — A petition signed Charles Phelps who is now in Goal in this
town [Bennington,] praying that he may be released from confinement
&c. — was read and refered to a Committee of five to join a Committee
from the Council to take the same under consideration state facts and
make report.— The members chosen Mr- Walbridge, Mr- Ward, Mr-
Knight, Mr- Moredock and Mr- Lomis. l
A petition signed Joseph Tucker and 16 others praying for a compen-
sation for their time expences &c. in pursuing and retaking Oliver
Waters &c. was read and refered to a Committee of three to take the
same under consideration state facts and make report. The members
chosen Mr Knight, Mr- Ward and Mr- Lyon.2
Feb. 27.— The Committee Mr Walbridge, Mr- Ward, Mr- Knight, Mr-
Moredock and .M> Lomis with the Committee of Council appointed on
the petition of Charles Phelps brought in the following report viz. —
" That said Charles Phelps be immediately discharged from his impris-
onment, and that no part of the estate of said Phelps which hath been
seized and confiscated by order of the supreme court be sold or disposed
of until further order from this Assembly."
The aforesaid report was read and accepted and Ordered that a bill be
brought in accordingly.
A bill entitled "an act to discharge Charles Phelps from imprison-
ment" was read and accepted and sent to the Governor and Council for
revisal and proposals of amendment.
In Council: Feb. 27.— An act discharging Charles Phelps from
Imprisonment, having passed the General Assembly, was received and
read; and on the Question to concur therein, it passed in the affirmative.
And the said Charles Phelps, being admitted to a personal Appear-
1 Messrs. Saffbrd and Fletcher were joined from the Council.
2 In the Council journal this is styled the petition of Oliver Waters.
Mr. Allen was joined from the Council. Relief was granted out of
Charles Phelps's property. See next page.
310 Appendix C.
ance before the Council, did volluntarily take the Oath of Allegiance and
Fidelity to the State of Vermont.1
Feb. 28. Resolved that the State's Attorney for the County of Wind-
ham be and he is hereby directed to suspend collecting the Fines
against the following persons until further order, viz. Cyril Carpenter,
Edward Carpenter, Amos Yaw, jr., Shubael Bullock, Elijah Curtis,
Asaph Carpenter, Joseph Chamberlain, and Daniel Thurber.2
In Assembly, March 4. — Col0- Bradley moved that so much of the
estate of Charles Phelps late confiscated by the Superiour Court might
be sold as to defray the cost that has arisen in prosecuting said Phelps.
Thereupon
Resolved that a committee of three to join a Committee from the
Council be appointed to take said motion under consideration and make
report of their opinion to this House. — The members chosen Mr- More-
dock, Mr- Walbridge and Mr- Ormsby.8
Act authorizing Pardons.
In Council: March G. — An Act to enable the Governor and Council
to pardon certain persons therein described, having passed the General
Assembly, was received, read and concurred.
The act was as follows :
AN ACT to enable the Governor and Council to pardon certain persons
therein described.
Whereas, certain persons in the county of Windham have traitorously
taken up arms against, and otherwise opposed, the authority of this State;
and it being suggested that many of such persons are penitent and desir-
ous of returning to their duty, and that, probably, during the recess of
this House, some, or all of them will petition for the pardon of their
said offences.
Be it therefore enacted. &c. that his Excellency the Governor and the
Honorable the Council be and hereby are invested with the same power
and authority possessed by this House, upon application made to them,
during the recess of the Legislature, upon such conditions as to them
shall appear necessary and just, to pardon any of the inhabitants of
Windham county, who have heretofore professed themselves subjects of
the State of New York.
^The practice at that time was for the House to send its bills to the
Governor and Council for proposals of amendment before the final
passage. In this case the Council concurred in the bill without
amendment, and the bill did not pass the House finally until the first of
March— two days after Phelps had taken the oath of allegiance.
2 See ante, pp. 306.
3 This was rejected. On the 5th of March, however, the sale of enough
to raise £49 13s lid was ordered, to reimburse Joseph Tucker for time
and expenses in rescuing Oliver Waters, who had been captured by the
York party and carried a prisoner on the way to Poughkeepsie. For
this affair, in which Phelps's son Charles became mixed, see Eastern
Vermont, pp. 510-513. On the 6th of March, Phelps's library was given
to the committee on the revision of the laws, with an engagement to
pay the committee for the same if the library should be restored to Mr.
Phelps. — See printed Assembly Journal, pp. 47, 53.
Appendix C. 311
In Council: April 12. The petition of William Shattuck, now a
prisoner in the gaol at Bennington, acquiescing in the Justice of his
sentence to Banishment by the Honl. the Supreme Court of this State in
Sept. 1782, and praying for Pardon, being received and read :
Resolved, that the said William Shattuck be and he is hereby pardoned,
released, and indemnified from the said sentence of Court so far as it
relates to his Banishment and Confiscation of Estate. And that the
Sheriff of the county of Bennington be and he is hereby directed to
release the said William Shattuck from his confinement on condition
that he pay unto the said Sheriff £25 lawful money, costs of prosecution,
or give sufficient security to the Treasurer of said State, payable within
one year from this date, and pay and satisfy unto Mr. Nathan Fay,
keeper of said gaol, for the expense of keeping said prisoner his just
demands. And further that he the said William Shattuck enter into
Bonds of One Hundred Pounds Lawful Money with Sufficient Sureties
to the Treasurer of this State that he do not enter or presume to go into
the County of Windham without Liberty therefor, first had and obtained
from this Council.
Close of the Insurrection.
' On the authority given to him by the Legislature, Gen. Fletcher
selected Lieut. Elijah Knight as commander of the small guard at Guil-
ford, which was retained in service but a few weeks. Only one unfor-
tunate event occurred during that time. David Goodenough, a New
York lieutenant, had once been imprisoned by Vermont, but released
on heavy bonds, and finally ordered out of the State. On the 5th of
March he attempted to return, and invited Daniel Spicer of Bernards-
ton, Mass., to accompany him. Spicer had taken no part in the insur-
rection, and intended to take none; but he started with Goodenough.
They had advanced about half a mile within the town of Guilford, when
they were challenged by one of the Vermont guard and Lieut. Knight
appeared with his force. Goodenough and Spicer attempted to escape;
were pursued and fired upon, when Spicer was fatally wounded by two
bullets. Lieut. Knight immediately wrote by a messenger to Gov. Chit-
tenden, and strengthened his force by levies from the neighboring towns,
in anticipation of an attack from the Yorkers, who were then in Massa-
chusetts and might, under the spur of Spicer's death, possibly gain help
from citizens of that State. Before the messenger returned, Knight
became so alarmed by a report, which had been industriously spread, of
" an army coming from Massachusetts to avenge the death of Spicer and
reinstate the Yorkers," that he retreated in great haste to Brattle-
borough and summoned the militia to his aid.1
Action on Lieut. Knight's Letter.
In Assembly: March 8.— His Excellency the Governor laid before
the House a letter signed Elijah Knight Lieut. Comdt dated Guilford
March 7th 1784 directed to his Excellency— which was read, and Resolved
that a Committee of three be appointed to take said letter under consid-
eration and make report of their opinion to this House. — The members
chosen Mr- Lyon, Mr- Barber and Mr Wait.2
^Eastern Vermont, pp. 528-532. The above is an abstract of B. H.
Hall's account. For Lieut. Knight's account see letter of Gov. Chitten-
den to Gov. Hancock, on the next page.
2 Ira Allen was joined from the Council.
312 Appendix 0.
March 9.— Mr- Lyon, Mr Barber and Mr- Wait the Committee to whom
was refered the letter of Elijah Knight Lieut. Comd4- brought in their
report which was read and thereupon
Resolved that his Excellency be requested to write to the Govr- of the
Commonwealth of Massachusetts on the subject of the tumult in Wind-
ham County requesting him to grant warrants for apprehending such
criminal persons as have or may flee from justice out of this State into
that.1
And Resolved that Gen1- Fletcher be and he is hereby requested to
repair to the County of Windham and on examining into the circum-
stances of the disorder there, he is hereby empowered to call on the
militia not only of his brigade but from other brigades in this State and
dismiss the said militia when he shall judge best.
Also Resolved that the Commissary Gen1- be and is hereby empowered
to collect and receive the provision due on the provision taxes granted
in the years 1780 and 1781 in Windham County, and it is hereby recom-
mended to the Selectmen and inhabitants of the towns in Windham
County to pay the arrears of taxes in provisions.
And Resolved that the wages of the men to be raised for the Service
mentioned in the aforesaid resolution be the same as the troops which
have already been raised and ordered to repair to Guilford at the last
session.
Gov. Chittenden to Gov. Hancock.1
Bennington, March 10, 1784.
Sir,— Your Excellency has undoubtedly obtained some information
before this in regard to the disturbances which have for some time past
subsisted in the county of Windham in the south-eastern corner of this
State, occasioned by a few wicked persons who pretend to owe allegiance
to the State of New York, and refuse to pay obedience to the laws and
authority of this State. I am unhappy to inform your Excellency that
a small number of your citizens, who live near and adjoining to them,
give countenance and afford aid to them in their wicked and unjustifi-
able proceedings, by harboring them, and promising their assistance
with arms, in case the dispute may require it. This government have,
in several instances, had recourse to an armed force, to aid the civil
authority in the due execution of their laws in the south-east corner of
the county of Windham aforesaid, part of which force are now in Guil-
ford and its vicinity. By a letter from the officer commanding these
troops, I am informed, that from repeated threats, he had for some time
expected a surprize, which occasioned him to be on his guard, and en-
deavour to defend himself, and defeat them in case of an attack ; and
that at 4 o'clock on the morning of the 5th instant, having received in-
formation that a force was approaching, the officer, with part of his men,
formed an ambuscade about one mile northerly of the Massachusetts
line; soon after two men made their appearance with fire arms, who
coming within the distance of three rods of the ambuscade were hailed
1 Vermont had delivered to Massachusetts Samuel Ely, a notorious
offender against the peace of that State, and could fairly ask for a return
of the courtesy. In fact, however, some of the Vermonters had en-
croached upon Massachusetts in the pursuit of their enemies, and it was
politic as well as neighborly to arrange the matter.
2 From the Vermont Journal of May 5, copied from a Boston paper of
April 15.
Appendix C. 313
and ordered to stand, upon which they presented their guns proper for
firing; the commander aforesaid requested them not to fire, informed
them they were surrounded with forty men, and would be cut to pieces;
upon which the two men turned themselves about & ran; they were
again hailed and commanded to stop, but refused, upon which the com-
manding officer ordered part of his men to fire, which order was obeyed,
but without succeeding in the design of bringing them to; the com-
mander then ordered a second fire, which being obeyed, one of the two
men was mortally wounded, of which he expired in about four hours;
the other made his escape. Unfortunately the man killed proved to be
a citizen of your State, in company with one belonging to this, and who
has for some time past taken refuge in that part of the Massachusetts
State adjoining.
The man wounded, whose name has since been found to be Spicer,
upon being questioned, refused to give any account of his design, but
appeared, by his unbecoming language, to be a bitter enemy to govern-
ment; his gun was examined and found sufficiently loaded with powder
and ball. It appeared by his previous threats, that he had for some time
past premeditately designed some outrage against the peaceable inhabi-
tants of this State.
Agreeable to the request of the Legislature, & by the advice of my
Council, I have endeavoured to give your Excellency a short, but fair
stating of the circumstances of this affair, which I hope may prove sat-
isfactory. And as acts of amnesty have been passed by the authority of
this State, in favour of those few, who have pretended to owe allegiance
to the State of New York, on condition of their peaceable submission
to the authority of this State, I am induced from a knowledge of your
Excellency's character, to request you to direct, that your citizens do not
interfere in the dispute, either by arms, or affording succour to those in-
surgeants.
The bearer, Mr. Smith, will be able to answer such questions as you
may think proper to ask him on the subject, whom I beg leave to recom-
mend to your favourable notice, & hope to receive an answer; and am
Your Excellency's most obedient, humble servant,
Thomas Chittenden.
His Excellency John Hancock Esquire.
Gov. Chittenden received in response a copy of a petition of Spicer's
relatives to the General Court of Massachusetts; also of the proceedings
of the Court thereon on the 25th of March; and a letter from Gov. Han-
cock, dated March 30, which covered the following proclamation :
COMMONWEALTH OF MASSACHUSETTS.
By his Excellency John Hancock, Esquire, Governor of the Common-
wealth of Massachusetts,
A PBOCLAMATION.
Whereas an unhappy dispute has subsisted between some of the citi-
zens of the state of New York, and the people inhabiting the territory
called the New Hampshire Grants, or State of Vermont: And it being
probable from the present disposition of the parties, that the same con-
troversy may be recommenced to the great distress and calamity of all
concerned therein, and there being great reason to fear that some of the
citizens of this Commonwealth, who live on the borders of the said
State of Vermont, may by incautiously intermeddling with the conten-
tion, involve themselves and families in that distress which is at all
314 Appendix C.
times the consequence of civil dissensions, unless care is taken to pre-
vent it.
I have therefore, at the request of the General Court, thought fit to
issue this proclamation, commanding and enjoining it upon all the citi-
zens of this Commonwealth, that in all and every controversy now
existing, or that may hereafter exist between the citizens of New-York,
and the people inhabiting the said State, or between any of them, in
whatever form or manner the same may exist, they, the citizens of this
Commonwealth, conduct themselves according to the strictest rules of
neutrality, and that they give no aid or assistance to either party, but
that those who live on the borders of the said State and within this
Commonwealth, sell to either party, indifferently, such things as they
have to sell, without giving preference to either; that they send no
provisions, arms, ammunition, or necessaries to a fortress or garrison
beseiged by either party.
And all the citizens and inhabitants of this Commonwealth, are abso-
lutely and most solemnly forbidden to take arms in support of, or
engaging in the service, or contributing to the conquest, success, or
defence of either of the said parties, as they will answer it at their peril.
Given under my hand and the public seal of this Commonwealth, at
Boston, this 26th day of March, in the year of our Lord one thousand
seven hundred and eighty-four, and in the eighth year of the indepen-
dence of the United States of America. John Hancock.
By his Excellency's Command,
John Avery, jun. Secretary. x
Before this proclamation had been received. Gen. Fletcher had dis-
missed all the militia who had turned out to aid Lieut. Knight ; and
before the end of March had come, the lieutenant's company had also
been dismissed. Gov. Hancock's proclamation served a valuable pur-
pose in preventing any hostile movements of the insurgents who had
taken refuge in Massachusetts. In fact the insurrection was at an end.
Act against Treason.
In Council, March 2 — An Act against High Treason having passed
the General Assembly, was received and read; and on the Question to
concur therein, it passed in the Affirmative.
The act was as follows:
AN ACT against high Treason and misprision of Treason.
Be it enacted, &c. that if any person or persons belonging to, or resi-
ding within, this State, and under the protection of its laws, shall levy
war against this State, or the government thereof; or knowingly and wil-
lingly shall aid or assist any enemies at open war against this State, by
joining their armies, or by inlisting, or procuring others to inlist into
such armies; or by furnishing such enemies with arms, ammunition, pro-
visions, or other articles for their aid and comfort, or by carrying on a
treacherous correspondence with them; or shall form, or be any way
concerned in forming, any combination, plot, or conspiracy, for the be-
traying this State into the hands or possession of any enemy, state or
power; or shall give, or attempt to give, or send, any intelligence to any
state or power for that purpose; or shall conspire or attempt any inva-
l From the Vermont Gazette of May 17 1784,
Appendix C. 315
sion, insurrection, or public rebellion, against this State: every person so
offending, and being thereof convicted before the supreme court, shall
suffer death; and all his or their estate or estates, real and personal, shall
be forfeited and sold to and for the use of this State.
And be it further enacted, that if any person or persons, belonging to,
or residing within, this State, and under the protection of its laws, shall
endeavor io join the enemies of this State, or use their influence to per-
suade or induce any person or persons to join, aid, comfort, or assist
them in any way or manner whatsoever; or shall have knowledge of any
person or persons endeavoring or using their influence as aforesaid, or
shall have knowledge of any person or persons secretly conspiring or
attempting any invasion, insurrection, or public rebellion against this
State, or forming any secret combination, plot, or conspiracy, for betray-
ing this State into the hands of any other power, and shall conceal the
same; such person or persons, being duly convicted thereof before the
supreme court of this State, shall be punished by tine, according to the
nature and aggravation of the offence, and shall be imprisoned at the dis-
cretion of the said court, not exceeding ten years.1
Proceedings in Congress on the Vermont Question, 1784, and
Documents connected therewith,
The Legislature of New York met on the 21st of Jan. 1784, in which
there were three representatives from Vermont, to wit: William Shat-
tuck of Halifax, Joel Biglo [Bigelow] of Guilford, and Elijah Prouty of
Brattleborough — all of whom had been indicted in Vermont, and Shat-
tuck had been banished. For more than two years the resistance to
Vermont had been confined almost exclusively to citizens of these towns,
and the insurgents did not in fact entirely control even there, as all
these towns were represented in the legislature of Vermont. Indeed,
previous to the action of New York, which is now to be recorded, the
insurgents had been driven from the State, and Vermont actually was,
in the words of Gouverneur Morris, "independent de facto. ^ Conced-
ing, however, that even at that time there were many persons in Wind-
ham county who would have preferred to remain under the jurisdiction
of New York if she could protect them, still it must be remembered
that she was powerless. New York troops could not even reach the
territory without passing through either Massachusetts, whose consent
probably could not be had at that time, or through western Vermont,
where they had met defeat at every attempt since the first at Benning-
ton in 1769.
Action of New York, Feb. to April 1784.
Uuder fhese discouraging circumstances, as if borrowing courage from
despair, New York renewed the conflict in Congress, under its old and
adroit leader, James Duane, who on the 2d of Feb. 1784 presented to
1 blade's State Papers, p. 483.
316 Appendix 0.
the Senate a belligerent report, which was subsequently adopted by the
Legislature on the 2d of March, in the form of resolutions, which are
here given in chronological order.
Feb. 6, Timothy Phelps appeared before the Senate and testified to the
mal-treatmenthe had received from Vermont, and produced a number of
papers and depositions "relative to the disorders and violences committed
on the well-affected citizens of the state residing in the north-eastern
parts thereof, by persons under the authority of the usurped government
commonly called Vermont." These papers were sent to the Assembly
on the 7th and referred to a joint committee of both Houses. On the
13th, this committee, through Mr. Ford, made their report to the As-
sembly, recommending additional instructions to the delegates. On the
27th the Senate adopted both sets of instructions, and they were con-
curred in by the House on the 2d of March.1 The instructions were as
follows :
Instructions to the Delegates of New York in the Congress of the United
States— [as per Duane's report.]
Resolved, That the Delegates be instructed to press Congress for a
decision in the long protracted controversy respecting the right of this
State, to the district commonly called the New Hampshire Grants; not
on consideration of public expedience, but consistency with the assur-
ances of Congress, according to equity. That they represent in the
most pointed terms, the grievous injustice done to the State, by such
delay, especially after a submission in compliance with the unanimous
recommendation of Congress; and claim most expressly a performance
of the most solemn engagement of Congress to make the said decision,
on a pledge no less sacred than that of the faith of the United States,
which ought not to be violated on any pretence whatever. That they
likewise represent to Congress the danger which may arise from further
procrastination. That the leaders in the district in question, have actu-
ally raised troops, and do now employ those troops to reduce other in-
habitants resident in said district, and acknowledging themselves citi-
zens of this State to submit to the said assumed government;2 and that
when every State ought to be in the blessings of peace, under the con-
stitution of the union, this alone is in the disagreeable situation of hav-
ing hostilities already commenced against its citizens. But that if she
must recur to force, for the preservation of her lawful authority, the im-
partial world will pronounce that none of the bloodshed, disorder, or
disunion, which may ensue can be imputable to this Legislature, who
appeal to the journal of Congress for the rectitude, moderation, and
liberality of the measures they have invariably pursued to produce an
amicable determination of the controversy. And lastly, that they, if
necessary, be most explicit on the subject, and inform Congress that this
Legislature conceive themselves to be urgently pressed by the great
duty of self-preservation, to prepare, without loss of time, for the worst
1 Eastern Vermont, pp. 522-525; Early History, p. 432.
2 When this resolution was adopted, March 2, Vermont had no troops
employed excepting a small guard at the jail in Westminster, and
twenty-seven men in Guilford; but these facts were not then known to
the legislature of New York.
Appendix* C. 317
events. And however sincerely they are disposed to maintain the un-
ion, and to manifest an inviolable respect for Congress, if the decision
which has so long in vain been solicited, should not be pronounced
within two months, next after nine States shall be represented there, no
further expectations can be entertained of such decision, and that this
State, with whatever deep regret, will be compelled to consider herself
as left to pursue her own councils, destitute of the protection of the
United States, to whose judgment they have cheerfully submitted, and
on whose justice they have hitherto relied.1
That if Congress should delay the decision of said controversy, after
the time above limited, it ought to be considered as a denial of justice.
That the act, entitled " An act to empower the Congress of the United
States of America to determine all Controversies relative to certain
lands in the counties of Cumberland, Gloucester, Charlotte and Albany,
commonly called the New Hampshire Grants," passed the 21st day of
October 1779, ought to be repealed; in order that this Legislature may
be left at liberty to propose an adjustment of the said dispute in the
mode prescribed by the 9th article in the federal Union, or to take such
other measures as the preservation of their country, from lawless inva-
sion and encroachment, may require.2
Additional Instructions to the Delegates of New York in the Congress of
the United States, — [as per Ford's report.]
That the said Delegates do also represent, that the Legislature of this
State, to prevent the evils of civil discord, have besides a cheerful com-
pliance with the recommendation of Congress, to submit the said con-
troversy to their final determination, made many liberal concessions in
favor of those claimants, particularly by a certain act entitled " an act
for quieting the minds of the inhabitants of the North-eastern parts of
this State," passed 14 April 1782.3
1 This implied threat to withdraw from the union was not the first in-
discreet resolution of the New York Assembly:
March 2 1782, the House resolved that until the affair with Vermont
was adjudicated by Congress, they would furnish no further aid to Con-
gress.—See Gen. Schuyler's letters.
The above is from ms. memoranda by Hiland Hall. In a letter to
Gen. Washington, in Washington Letters, in the U. S. State Depart-
ment, Vol. liv, p. 358, dated March 6 1782, Gen. Schuyler stated that
such a resolution had been adopted by the Assembly and sent up to the
Senate, which did not concur. — Vt. Hist. Soc. Collections, Vol. n, p. 252.
2 Vermont Gazette of April 3 1784. In the Gazette, the last section of
the above resolution was preceded by the words " The committee fur-
ther report it as their opinion." In fact this section, with the words just
quoted, is the last part of Mr. Duane's report. The preceding section
was the first part of his report, simply changed to a resolution. — See
Eastern Vermont, pp. 522, 523. In an editorial of the number of the
Gazette quoted, the foregoing instructions are characterized as " a mere
New York puff," which " can have no other pernicious effect but that of
filling the heads of a few old women with the dreadful apprehensions of
raw head and bloody bones."
8 See Vol. ii, pp. 392-394.
318 Appendix O.
That although hy this act the lands granted hy New Hampshire and
by the pretended State of Vermont were confirmed to the claimants,
and even occupants without right were liberally provided for, and there
was no exception or reserve, but in favor of the oldest patents in ques-
tion, yet the opposition to the jurisdiction of this State was maintained,
principally because, as has been suggested, the before mentioned act of
the Legislature left unconfirmed to the said claimants, lands which they
occupy in the said district of country, and which had been granted by
letters patent prior in date under the seal of New York, and some of
them as early as the latter end of the last and the beginning of the pres-
ent century.
That notwithstanding the concession made on the part of this State,
the said pretended government hath lately extended its claim, and
granted lands far to the westward of any of the most westerly grants
ever made by the government of the late colony of New Hampshire
and have actually seized the lands so granted, although the same have
long since passed to the citizens of this State, under the great seal of
the colony of New York; l and further represent that many of the peo-
ple in the tract of country within this State, commonly called the New
Hampshire Grants, in order to support the Independence which they
have assumed, have actually raised troops, and do now employ them to
compel other inhabitants resident in the said district, and acknowledg-
ing themselves citizens of this State, to submit to the authority of the
said assumed government.
That many of the citizens of this State residing in the said district
have been imprisoned, loaded with irons and punished as traitors with
the utmost severity; and others have been driven from their habitations,
and have had their property confiscated, for no other cause than their
attachment to this State, and that those unfortunate citizens have made
earnest application to this Legislature for protection and redress.
That wise and decided measures ought to be pursued without loss of
time, as well for the protection of our said suffering citizens, as for the
peace and tranquility of the inhabitants of the said district.
That to afford another instance of the upright intentions of the gov-
ernment of this State, Congress be entreated to guarantee the conces-
sions made on the part of this State, by the said Act of the 14th day of
April 1782.2
1 No. 5140 of the Clinton Papers is a letter from Col. Robert Cochran
(formerly a famous opponent of New York) to Gov. Clinton, dated July
25 1783, in which he declared that " people from Vermont had come on
in a forcible way to survey and Lot out the Lands " at Crown Point.
Cochran himself seems to have been a trespasser there, as in this letter
he asked for a grant. Doubtless he found other individual trespassers;
but there is no evidence that the government of Vermont ever "claimed
and granted " any land there. During the Western Union, however,
there was a grant of land bordering " Lake Shalloon " [supposed to be
Schroon,] but this was dissolved in Feb. 1782, with the Union, and the
town of Marshfield was granted in lieu thereof. Possibly the allusion
may have been to grants in Graud Isle county, but these were east of
the deepest channel of lake Champlain. — See Vol. n, pp. 127, 128; and
pp. 180, 200, of this volume,
2 From ms. copy by Hiland Hall. For Ford's report, from which
these instructions were derived, see B. H. Hall's Eastern Vermont, pp.
524, 525.
Appendix C. 319
April 3 1784, the following resolution from the New York Senate was
concurred in by the Assembly:
Besolved, That his Excellency the Governor be requested to transmit
the Depositions of James Davidson and William White, respecting a
murder and robbery committed in the North-eastern parts of this State,
and sworn before the Chief Justice thereof, to the Delegates from this
State, and to direct them to lay the said depositions before Congress.1
It has been seen that Duane's draft of instructions intimated a proba-
bility of a resort to force, and a possible withdrawal of New York from
the confederation, which would remove the obstacle in the sixth article
to the use of force. This was treated in Vermont as a threat of war.
Ford's instructions declared that "wise and decided measures ought to
be pursued without loss of time, as well for the protection of our said
suffering citizens, [in Vermont,] as for the peace and tranquility of the
inhabitants of the said district." The next document is probably one of
the " decided " measures then contemplated, though it can hardly be
counted a " wise " one in view of the known " decided " opposition of
both Washington and Congress. The authority of Vermont had been
so thoroughly established in Windham county, that the militia New
York had organized there was unavailable. Congress therefore must
consent to the use of other troops, or a resort to force would be im-
possible: but this can hardly be accepted as the only motive for
renewing a scheme which had been rejected by an almost unani-
mous vote of the States in Congress. The adoption of Hamilton's
resolution, which Washington had suggested in the previous May, was a
rejection of the proposition of New York; and on that, eight States
voted in the affirmative, and one only in the negative. That decisive
vote had been taken after much deliberation, and the objections to the
New York scheme were fundamental. Of this Gov. Clinton was fully
advised in the following passages of a letter from Hamilton in reply to
Clinton's of Aug. 23 1783:
Questions naturally arose as to the true construction of the articles of
confederation upon this head; questions as delicate as interesting, and
as difficult of solution. On one hand, it was doubted whether Congress
were authorized by the confederation to proceed upon the idea of a
ftederal provision [of troops, &c.;] on the other, it was perceived that such
a contrary construction would be dangerous to the union, including,
among other inconveniences, this consequence — that the United States,
in Congress, cannot raise a single regiment, or equip a single ship, for
the general defence, till after a declaration of war, or an actual com-
mencement of hostilities.
In this dilemma on an important constitutional question, and other
urgent matters depending before Congress, and the advanced season re-
quiring a determination upon the mode of securing the western posts,
in case of a surrender this fall, all sides of the house concurred in mak-
ing a temporary provision in the manner which has been communicated.
1 The depositions related to the death of Spicer, who, it was charged,
had been robbed after he had been wounded and captured.
320 Appendix C.
Other reasons were named by Hamilton, among them the great hard-
ship to individual States, peculiarly circumstanced, if the whole burden
of maintaining troops should be thrown upon them instead of the Uni-
ted States; l and these reasons induced Congress in 1784, and still again
in 1785, to re-enact the measure originally reported by Hamilton. On
this state of the facts, it is hard to conjecture any reason for renewing a
hopeless request, other than the one already named, unless it be that a
rejection of it by Congress would furnish another pretext for Duane's
suggested withdrawal of New York from the union. Lest this be
counted as an unkind reflection upon Duane's patriotism to the nation,
the fact is cheerfully added, that afterward he zealously co-operated with
Hamilton to secure the ratification of the constitution and union of the
United States by New York, against the opposition of Gov. Clinton.8
Instructions to the Delegates of New York to ask for Troops.
Mr. Duane, from the Committee appointed to report instructions from
the Legislature, to the Delegates from this State, in the United States
in Congress assembled: made a report, which he read in his place, and
delivered in at the table, where the same was again read, in the follow-
ing words, viz.
Whereas the posts at present occupied by the British troops, in the
northern8 and western parts of this State, may, on their evacuation, be
seized by Savages, inimical to these United States; whereby the inhabi-
tants of the frontiers may be exposed to great danger and distress. And
whereas, by the sixth article of Confederation and perpetual union be-
tween the United States of America, it is declared, that no body of forces
shall be kept up by any Slate, in time of peace, except such number
only, as in the judgment of the United States in Congress assembled
shall be deemed requisite to garrison the forts necessary for the defence
of such State:
Resolved therefore, if the Honorable the House of Assembly concur
herein, that the Delegates of this State be and they are hereby instructed
to represent to the United States in Congress assembled: that this State
deem it essentially necessary to make provision to garrison the said
posts immediately on the evacuation thereof by the British troops: That
therefore the said Delegates request the United States in Congress as-
1 J. C. Hamilton's History of the Bepublic, Vol. n, pp. 555-560.
2 Same, Vol. in, p. 483.
3 The word " northern " covered all the posts north of Albany to
Crown-point at least on Lake Champlain, and probably to Point au Fer
[Rouse's Point,] opposite Alburgh, which was then occupied by the
British. Gen. Washington and Gov. Clinton visited the forts at Ticon-
deroga and Crown Point in 'July 1783.— See Irving's Life of Washington,
Vol. iv, p. 433. Aug. 6 1783, Washington wrote to the President of
Congress that he had himself made a tour as far north as Crown Point,
and west to Fort Schuyler, to examine and facilitate operations for occu-
pying the posts; had taken but preparatory steps for forwarding sup-
plies; but should instruct Gen. Knox to forward ordnance and stores to
Albany.— Life and Writings, Vol. 8, pp. 469-472.
Appendix C. 321
sembled, to declare the number of troops which they may deem neces-
sary for such garrisons. The said Delegates, at the same time, inform-
ing the United States, that it is the opinion of this Legislature, that a
body of troops not exceeding five hundred rank and file, properly offi-
cered, would be adequate for the purpose aforesaid.
Tli it the Delegates be further instructed to use their utmost endeav-
ours, to prevent any further foreign loans, and to promote (economy in
the public expenditures. That they pay a particular attention to the
instructions of the Legislature, to the Delegates, passed the fifteenth
day of November, 1781, which are entered at large on the Journals of
Congress.1
The instructions referred to were on the Vermont question. — See Vol.
ii, pp. 364-367.
Action of Vermont in respect to Force, April 1784.
Notified of Duane's instructions to the New York delegates, by publi-
cation in the Vermont Gazette of April 10, Gov. Chittenden called a special
session of the Council on the 12th, at which sessiou William Shattuck
was pardoned, and the following resolution was adopted :
Resolved that His Excellency the Governor be requested to address
His Excellency the President of Congress on the subject of the pro-
ceedings of the Senate and Assembly of the State of New York of late
with respect to a decision of the Controversy relative to the jurisdiction
of this State.
April 24. — Messrs. DeWitt and Paine presented to Congress a written
statement of the claims and demands of New York, in compliance with
the instructions of the Legislature, which was referred to a committee
consisting of Jacob R.>ad of South Carolina, Roger Sherman of Connec-
ticut, William Ellery of Rhode Island, Samuel Hardy of Virginia and
George Partridge of Massachusetts.2
Through the forecast of the Governor and Council, this movement of
New York in Congress was promptly met by the following sharp and
strong letter :
Gov. Chittenden to the President of Congress?
State of Vermont, Arlington, April 26 1784.
Sir: With lhat respect for Congress which the citizens of this State
have ever maintained, I beg leave to transmit to your Excellency the
sentiments of the Council of this State, on the late proceedings of the
Senate and Assembly of the State of New York respecting this State,
that your Excellency may lay the same before Congress for their
consideration.
On the 21st of October 1779 the Legislature of the State of New York
passed a special law empowering Congress to hear and determine the
controversy between that State and this, not upon the principles of the
confederation, but according to equity; and on the 7th and 20th of
1 Vermont Gazette of April 10 1784.
-Early History, p. 433; and Vt. Hist. Soc. Collections, Vol. n, pp. 414,
416. 3Same. p. 414.
22
322 Appendix C.
August 1781, Congress proposed preliminaries of a settlement of the
said controversy to this State, which were accepted and fully complied
with by the legislature of this State at their session in February 1782.
The Legislature of the State of New York, in the November preceding
(1781,) had spiritedly remonstrated against the preliminary settlement
of Congress aforesaid, an extract of which remonstrance is as follows:
"Resolved, That in case of any attempt of Congress to carry into
execution their said acts of the 7th and 20th of August last, this Legis-
lature, with all due deference to Congress, are bound in duty to their
constituents to declare the same an assumption of power in the face of
said act of submission of this State, and against the clear letter and
spirit of the second, third, ninth, and eleventh articles of confederation,
and a manifest infringement of the same, and do therefore hereby sol-
emnly protest against the same."
But of late it appears the Senate and Assembly of the State of New
York are again urging Congress to decide their controversy with this
State. It seems they are willing Congress should settle the dispute as
they have a mind, but not otherwise.
It appears from the late journal of the Senate of the State of New
York, "That the delegates be further instructed to press Congress for a
decision in the long protracted controversy respecting the right of this
State to the district commonly called the New Hampshire Grants;" and
further, " But that if she must recur to force for the preservation of her
lawful authority, the impartial world will pronounce that none of the
bloodshed, disorder or disunion which may ensue, can be imputable to
this Legislature." As to this bloody proposition, the Council of this State
have only to remark, that Vermont does not wish to enter into a war
with the State of New York, but that she will act on the defensive, and
expect that Congress and the twelve States will observe a strict neu-
trality, and let the two contending States settle their own controversy.
As to the allegation of the State of New York against the conduct of
this State in bringing a few malcontents to justice and obedience to
government, whom they have inspired with sedition, I have only to ob-
serve that this matter has been managed by the wisdom of the Legisla-
ture of this State who consider themselves herein amenable to no earthly
tribunal.
Before I conclude this letter I beg leave to remind your Excellency
that it appears to the Council of this State improper that the States of
New York and New Hampshire, who are competitors for the jurisdic-
tion thereof, should vote in Congress on any motion which respects
Vermont, and also contrary to the express resolution of Congress of the
24th of September, 1779, in the words following: vt And that neither of
the said States shall vote on any question relative to the decision there-
of;" that is, relative to the independence of Vermont; although it ap-
pears from the journals of Congress that those claiming States have
ever since voted on all matters in which the interest of this State has
been concerned..
Sir: I conclude this letter with the satisfaction of reminding Congress
that this State is still desirous of a confederation with the United States.
1 have the honor to be, etc., Thomas Chittenden.
His Excellency, the President of Congress.
Renewed Request of New York in Congress for Troops and Arms.
Congress in 1784 was reluctant to grant to New York the troops asked,
and indeed refused to permit her to control any; but in June 1784 and
Appendix O. 323
again in April 1785, ordered a force of seven hundred men to be raised
for all the posts in the United States. These were not to be under the
control of any State, but to be "subject to the order of Congress, and to
the committee of the states [of their delegates in Congress] in the
recess of Congress" l — thus defeating any ulterior purpose of New York
as to Vermont. Nevertheless Mr. Duane, Gov. Clinton, and the New
York delegates persistently and urgently pressed their scheme upon
Congress until its adjournment in June 1784, and avowedly with a view
to an immediate use of the troops. The following additional instruc-
tions of New York were incorporated with the previous instructions of
April 3, as a preamble to a motion of the New York delegates in
Congress:
In Congress, May 13 1784.— A motion was then made by the dele-
gates for New- York, in the words following: Whereas the legislature
of the State of New-York have instructed their delegates in Congress
as follows, to wit: [Here followed the preceding instructions to delegates
of April 3, the paragraph as to foreign loans, &c. excepted,] " which
request was accordingly made by the said delegates. And whereas it is
a manifestly just construction of the said section and articles, [article
six of the Confederation, section four,] that when the sovereignty of
any state shall deem it necessary, in time of peace, to garrison forts for
its defence, the troops are to be raised by and at the expeuce of such
state, and that the number only is to be determined by the judgment of
the United States in Congress assembled. Resolved therefore, That the
application aforesaid Avas, and is constitutional and reasonable, and that
the legislature of this state had, and have a right to a decision thereupon.
That it appears by dispatches from the delegates of this state, that no
such decision was made on the 9th day of the present month. That the
proceedings of this legislature have already been greatly embarrassed
for want of such decision; and as it is uncertain when the said United
States will decide on the said request, and any further delay in prose-
cuting measures for the preservation of the fortresses on the frontiers
of this state, and the protection of its citizens* will be highly detrimental
to this state; Resolced therefore further, That the delegates from this
state be instructed to inform Congress, that the legislature cannot, con-
sistent with the public safety, any longer delay measures for raising a
body of troops for tha purposes aforesaid; that such number will not
exceed that stated in the recited resolution, as in the opinion of the
legislature adequate for the purpose.3 That the said delegates do, with-
out delay, press upon the said United States in Congress assembled, the
just right of this state to the determination aforesaid, and entreat that it
may be given without further delay."
The delegates for the State of New-York, in obedience to the aforesaid
instructions, moved that it be resolved
* See resolution of Congress April 12 1785, in Journals of Congress,
Fol well's edition, Vol. x, pp. 82, 83.
2 The editor has italicised these words because, on the New York
theory, they iueluded the adherents to that State in Vermont.
3 Tl:e number asked by New York for her own use was five hundred
men; wherras Congress in 1785 decided that seven hundred was suf-
ficient for all the posts in the United States.
324 ' Appendix 0.
That for the purpose of garrisoning the forts within the state of New-
York, necessary for the defence thereof, the state be allowed to keep up
a body of troops or forces not exceeding 500 rank and file, properly
officered. And on this the said delegates require the yeas and nays.
A motion was made by Mr. Gerry, seconded by Mr. Partridge, that
the motion of the delegates of New- York be committed.
The yeas and nays being required by Mr. DeWitt of New York, all
the States present voted aye, except New York no, and North Carolina
divided.1 The subject was then referred to Messrs. Stone of Md., Hand
of Penn., Read of S. C, Mercer of Va., and Beatty of New Jersey. On
the 31st of May, the committee reported a resolution authorizing New
York to raise men, without specifying the number, u for the purpose of
garrisoning such posts within the said state not possessed by the forces of
the United States, as the said state shall judge proper, which troops so
to be raised by the state of New- York, shall be discharged whenever
the United States in Congress assembled, shall so direct;" and the next
day was assigned for consideration of the report.
June 1, instead, however, of considering that report, the delegates
from New York attempted to get action on another, in response to a
letter from Gov. Clinton, asking for ten hundred and fifty muskets, two
howitzers, and accoutrements, to replace the like number belonging to
New York, which had been retained by Gen. Schuyler for the use of
the continent. On this the committee reported, after reciting the facts
alleged, that
Your committee are of opinion, that the state of New-York has a just
claim on the United States for these muskets, bayonets, and equipments;
but as they presume, that arms and accoutrements have been furnished
by other states to arm the troops of the United States, and it cannot be
known, whether there is a sufficiency remaining in the public stores, to re-
place the whole number supplied by the several states, until returns of the
arms so furnished, shall have been made, and as in their opinion, equal
justice should be extended to all, they submit the following resolutions:
That the secretary in the war-office, and the commissary of military and
ordnance stores, be, and they are hereby ordered to ascertain and report
to Congress, without loss of time, the precise number of muskets, bayo-
nets and accoutrements, which have been furnished by the different
states, for the use of the United States, in the course of the late war:
That as soon as Congress shall be informed of the number of a.ms and
accoutrements furnished by the several states, to the United States, the
arms and accoutrements so furnished, shall be returned in kind and
equal value, if a sufficiency for this purpose can be spared from the
public stores: and that if a sufficient number cannot be spared, a just
proportion of what can be spared, shall be returned to the states respec-
tively, and credit given them for the value of the remainder: That the
commanding officer of the troops in the service of the United States be,
and he is hereby directed to deliver to the order of his excellency the
governor of the state of New- York, two howitzers, of equal value with
those lent by that state to the United States.
1 Journals of Congress, Folwell's edition, Vol. ix, pp. 150-152.
Appendix C. 325
The New York delegates moved that a pending question be postponed,
in order to take up the forgoing report : New York voted aye ; New
Hampshire was divided ; and the other states voted no.
The New York delegates then moved to postpone the pending question,
for the purpose of taking up another, relative to a rule of Congress. The
previous question was ordered on this motion, when the New York
delegates nuved to postpone until the next day. A question of order
was moved, whether the motion to postpone was in order, and it was
rejected, five states only voting aye.
The New York delegates raised still another question : " Can a mem-
ber be out of order for making a motion conformable to some rule of
the house ? " and moved to postpone a pending question for the purpose
of considering this ; which was rejected, New York alone voting aye.
On the same day, Mr. Monroe moved that G-en. Knox be directed to
order three hundred and fifty troops, " now in the service of the United
States, to march immediately, to be in readiness to take possession of
the western posts." This was a temporary provision, to await the raising
of seven hundred troops, under the direction of Gen. Knox. The New
York delegation moved to amend, by inserting after the words "western
posts" the words except Oswego and Niagara, the effect of which would
be to leave still to New York a ground for asking authority to raise and
control her own troops. New York alone voted for this amendment,
all the other states voting in the negative.1
The motion of Mr. Monroe was again considered on the 2d of June,
when the New York delegates moved to postpone it for the purpose of
taking up the resolution allowing New York to raise troops, which had
been reported by the committee on the 31st of May. On this motion
New York alone voted aye. After further consideration of Mr. Monroe's
proposition, it was
Resolved, That the further consideration of the subject be postponed;
and that Congress take into consideration the report of the committee
on the application from the state of New York.
June 3, a committee reported the Monroe proposition in the form of
resolutions, when the New York delegation moved to postpone con-
sideration of them, "in order to take up the report of the committee,
on the representation from the delegates of New York" — which report
was in favor of recognizing the independence of Vermont and admitting her
into the Union. New York and New Hampshire only voted for this
motion. The inference from such a motion, immediately on the defeat
of the application of New York for troops, inevitably is, that troops
which might be used by New York against Vermont, or an immediate
settlement of the controversy by Congress, were the alternatives then in
the minds of the delegates from New York. After negativing this
motion, Congress proceeded immediately to consider and adopt Mr.
journals of Congress, Folwell's edition, Yol. ix, pp. 189-198.
326 Appendix C.
Monroe's resolutions, which provided for seven hundred men to take
possession of the western posts, who were to he under the control of
the secretary in the war-office, subject to the order of Congress, and of
the committee of the states in the recess of Congress. l
That the idea of using force against Vermont was entertained in New
York, as late as June 1784, appears from the following, which was re-
published in the Vermont Journal of Aug. 11 1784:
MoRurs-Towx, [N. Y.J June 30.
By a gentleman, that has lately left the state of Vermont, and whose
veracity is undoubted, we are informed, that the passions of the leading
Vermonters appear to be as turbulent as ever; their intemperate lolly
having animated them to take up arms against this state, and shew their
obstreperousness to others, in order, as is pretended, to adjust and settle
the boundaries of the self-created State of Vermont. Several people
have been killed, [Spicer's death in the previous March magnified,] and
yet the Congress seem to tacitly permit a petty state to triumph and in-
sult two powerful states, either of which could crush to atoms those
arrogant, shallow-brained men, whose only security hitherto has been
the peaceable disposition of the people whom they have injured. Cer-
tainly a civil war ought at all times to be carefully guarded against, but
yet if it is absolutely necessary, the sooner it is undertaken the better.
A very smajl force would soon reduce the Vermonters to reason, and
compel them to submit their claims to the Congress, in whom alone is
invested the power of adjusting such differences as thu arm of civil
power may not he long enough to reach. Indeed we are authorised to
assert, that great numbers of the inhabitants of Vermont are extremely
disgusted with their distracted government, and would be very glad to
be united to the state of New- York.
Report of the Committee of Congress for the admission of Vermont into
the Union, May 29 1784.
The committee to whom had been referred the claims and demands of
New York and the reply of Governor Chittenden, on the 29th of May
made the following report, which is entered at length on the journal of
Congress of the 3d of June 1784. It is the latest proceeding which is
found on the journal of the old Congress relative directly to Vermont,
and it remained unacted upon by that body at the close of the confedera-
tion. It is understood that the report embodied the views of a majority
of the States at that time, but that it could not command the votes of
the requisite number, to wit, nine of the thirteen States.2
The committee, consisting of Mr. Reed, Mr. Sherman, Mr. Ellery,
Mr. Hardy and Mr. Partridge,3 to whom was referred the representation
1 Journals of Congress, Folwell's edition. Vol. ix, pp. 204-218.
2 Eastern Vermont, p. 535; Early History of Vt., pp. 432-435; Com-
mittee Book and original papers in the State Department at Washington.
8 George Partridge of Massachusetts seems to have been appointed on
the committee in place of Mr. Beatty of New Jersey.
Appendix O. 327
of the delegates from the state of New York, respecting the controversy
between the said State and the people inhabiting the territory called
the New Hampshire Grants, made in pursuance of express instructions
from the Legislature of the said state, urging the necessity of an imme-
diate decision of the said controversy, with sundry affidavits and other
papers accompanying the same, having carefully examined the papers,
and the files and proceedings of Congress, respecting the said contro-
versy, and maturely considered the case, report thereon as follows:
That by an act of Congress of the 7th of August 1781, reciting that
the States of New Hampshire and New York had submitted to Congress
the decision of the disputes between them and the people inhabiting the
New Hampshire Grants, on the west side of Connecticut river, called
the state of Vermont, concerning their respective claims of jurisdiction
over said territory, and had been heard thereon, and that 'the people
aforesaid did claim and exercise the powers of a sovereign independent
State, and had requested to be admitted into the federal union of these
States: It was among other things resolved,
u That a committee of five be appointed to confer with such person
or persons as may be appointed by the people residing on the New
Hampshire Grants, on the west side of Connecticut river, or by their
representative body, respecting their claim to be an independent State,
and on what terms it may be proper to admit them into the federal uuion
of these States, in case the United States in Congress assembled, shall
determine to recognize their independence, and thereof make report.
And it is hereby recommended to the people of the territory aforesaid,
or their representative body, to appoint an agent or agents to repair
immediately to Philadelphia, with full powers and instructions to confer
with the said committee on the matters aforesaid, and on behalf of the
said people to agree upon and ratify terms and articles of union and
confederation with the United States of America, in case they shall be
admitted into the Union; and the said committee are hereby instructed
to give notice to the agents of the States of New Hampshire and New
York to be present at the conference aforesaid."
And on the 8th day of the said August, a committee was accordingly
appointed, who afterwards had a conference with Jonas Fay, Ira Allen,
and Bezalecl Woodward, agents appointed by the authority of the people
inhabiting the said territory called the New Hampshire Grants, to
repair to Congress, and to propose and receive from them terms of a
union with the United States.
That the committee appoiuted as aforesaid having made their report,
Congress on the 20th day of August 1781 came to the following resolution:
"It being the fixed purpose of Congress to adhere to the guarantee
to the states of New Hampshire and New York, contained in the reso-
lutions of the 7th instant: Besolved, That it be an indispensable pre-
liminary to the recognition of the independence of the people inhabiting
the territoi-y called Vermont, and their admission into the federal union,
that they explicitly relinquish all demands of land or jurisdiction on the
east side of the west bank of Connecticut river, and on the west side of
a line beginning at the northwest corner of the state of Massachusetts,
thence running twenty miles east of Hudson's river, so far as the said
river runs northeasterly in its general course; then by the west bounds
of the townships granted by the late government of New Hampshire, to
the river running from South Bay to lake Champlain: thence along the
said river to lake Champlain; thence along the waters of lake Champlain,
to the latitude of 45 degrees north, excepting a neck of land between
Missiskoy Bay and the waters of lake Champlain."
Which resolution was agreed to by nine states.
328 Appendix C.
That on the 19th of October 1781 the Assembly of Vermont, taking
into their consideration the aforesaid act of Congress, Resolved, That
they could not comply with it without destroying the harmony then
subsisting in that state, and a violation of a solemn compact entered
into by articles of union, &c, as appears on the journal of Congress of
the 4th of April 1782.
That afterwards, on the 22nd of February 1782, the people inhabiting
the said territory called Vermont, by their representatives in General
Assembly, in compliance with the aforesaid act of Congress, then
remaining unaltered and unrepealed, came to the following resolution,
to wit:
"Resolved, That the west bank of Connecticut river, and a line beginning
at the northwest corner of the Commonwealth of Massachusetts, from
thence northward twenty miles east of Hudson's river, as specified in
the resolutions of Congress in August last, shall be considered as the
east and west boundaries of this State; and that this Assembly do hereby
relinquish all claims and demands to and jurisdiction in and over any
and every district of territory without said boundary lines/'
And afterwards, in the said month of February 1782, the said General
Assembly appointed Moses Itobinson, Paul Spooner, Isaac Tichenor,
and Jonas Fay, Esqrs. agents, with plenary powers, on behalf of the
people of the said district, to negotiate and agree on terms for their
admission into confederation with these United States; and upon such
admission to represent the said State of Vermont in Congress:
And it being now represented by the State of New York that great
danger and distress will arise from a further delay of the decision of the
said controversy; and the people of Vermont having complied as afore-
said with the terms prescribed by Congress, as a preliminary to a recog-
nition of their independence, your committee submit the following
resolves:
Resolved, That the district of territory lying on the west side of
Connecticut river, called Vermont, within the limits and boundaries
described in the act of Congress of the 20th of August 1781, and the
people inhabiting the same, be, and they are hereby recognized and
declared to be a free, sovereign and independent State, by the name of
the State of Vermont. That the said State of Vermont, being within
the limits of the United States, shall be considered a part of the confed-
eracy, on the same principles as the new States, who shall have estab-
lished permanent governments agreeably to the act of Congress of the
23d of April last, until it shall accede to the articles of confederation
and be admitted into the federal union of these States.
Resolved, That Congress adhere to the guarantee to the States of New
Hampshire and New York, agreeably to the resolutions of the 7th and
20th day of August 1781; and if it shall appear, on running the line
between the States of New York and Vermont, that the latter hath
made any encroachments on the territory* of the former, the sarrn: shall
be immediately removed.
Your committee further report, with respect to the matters alleged by
the delegates of New York, concerning the sufferings of individuals
by banishment and confiscation of property, and the disorders and vio-
lences that have happened in consequence of the opposite and inter-
fering jurisdictions exercised by the State of New York and the govern-
ment of Vermont, over the same persons within the said district; that
the several letters and papers from the Governor of New York and the
people of Vermont, relative to those matters, have been heretofore com-
mitted, and no report hath been made thereon; your committee are
therefore of opinion, that if Congress should judge it expedient to take
Appendix C. 329
any further order respecting those matters, it will be proper again to
commit those papers.1
Jonathan Blanchard of New Hampshire to Josiah Bartlett.2
No determination respecting Vermont. Some of the Southern Dele-
gates declare openly, that they will not consent to her being admitted
into the Union, for it will give a ballance to the Eastern Scale, which
Eastern Scale has been pretty formidable for two months past, and been
Generally able to carry a Good, and to defeat a bad Question.
No other direct action on the Vermont question was ever taken by
the Continental Congress. In 1785-6, however, a committee of one
from each State then represented in Congress was appointed to report
proper measures " to prevent the ill consequences of a particular dis-
trict of any State setting up and claiming the right of independent
government, without the consent of said State and of the United States."
Several schemes were proposed, either of which would have been adverse
to Vermont's independence without the consent of New York; but
neither were agreed to by the committee. — See Appendix D.
Defense of the Policy of Vermont in the Controversy with New York,
and the Haldimand Negotiation.3
The following letter, published in the Vermont Gazette, [Bennington,]
Nov. 18 1784, though out of the chronological order, is a fit closing of
the appeals of Vermont to the Continental Congress, as well as a de-
fense of the Haldimand negotiation. It was written and published by
Ethan Allen, on the request of Governor Chittenden, in connection
with the letter of the Governor of April 26 1784 to the President of
Congress. It is dated in the manuscript copy " November 30th, 1784,"
but the true date probably was Oct. 30, as the letter was printed on the
18th of November. The manuscript contains several errors made by
the copyist.
To the Public.
In pursuance of special directions from His Excellency Governor
Chittenden, I am to cause the following letter, addressed to His Excel-
x Early History, pp. 435, 436; and Journals of Congress, Folwell's edi-
tion, Vol. ix, pp. 212-215.
2 Historical Magazine, N. Y., Vol. VI, p. 278, note. The date is not
given, but it must have been written subsequent to March 1 1784, as Mr.
Blanchard took his seat in Congress on that day. Probably it was writ-
ten after the vote of the 3d of June, refusing to take up the foregoing
report.
8 Ethan Allen ms. Papers, p. 389.
330 Appendix C.
lency the President of Congress, to be communicated to the public
through the channel of the Vermont Gazette, for the satisfaction of their
anxiety. It is the last transaction of this State with Congress, to- which
letter there has been no nnswer returned. I have further to observe,
that a few months past the delegates of New York in Congress pre-
sented a memorial that they [Congress] would make a resolution [de-
cision] respecting the independency of Vermont. Upon which Con-
gress appoiuted a committee, which have reported that Vermont ought
to be an independent State, but that it should be procrastinated until
some Southern State should likewise be created, and until the condi-
tions of the admission of this State into the federal union of the United
States should be agreed on. This is the last doings of Congress respect-
ing this State that has come to hand, except that the delegates oi the
State of New York urged Congress to take up and act on their said
committee's report, which they [Congress] negatived.
It is undoubtedly the wisdom and good policy of republican govern-
ments to inform their citizens of the management and circumstances of
their political matters so far as their opponent States or other adversa-
ries may not take advantage of it. This then should be the criterion of
the promulgation of public policy, for it is injurious to the public good
to expose the cabinet counsels so that enemies may avail themselves of
such advantages. This maxim has ever been duly adhered to by the
leading gentlemen of this State,1 which has given occasion to some to cen-
sure those gentlemen in public trust, though they have at the same time
strenuously acted agreeable to the best good of the community. The
short of the matter is, that indiscriminate publication of state policy
defeats itself and annihilates its own existence.
I would by no means debar the populace of talking and plotting in
politics, for this would deprive them of a great share of their happiness
and importance; but I would not have them complain of their benefac-
tors nor alter the measures of their superiors. The Foreign Policy of
this Government has been demonstrated to be good in the final consequence
of it, and the State is in good and respectable condition at present. It only
remains that our courts of equity and law do imparlial justice, and that
our citizens support the honor and dignity of our laws and unitedly com-
bine to support our liberty and independency.
From the Public's most obedient and humble servant,
Ethan Allen.
Action of Vermont, October Session, 1784.
Oct. 15 1784. — Gov. Chittenden delivered a congratulatory speech on
the close of the revolutionary war by the articles for a treaty of peace,
and submitted executive papers containing the correspondence with
Gov. Hancock on the death of Spicer, two letters to Gen. Haldimand,
April 15 and July 121784, and the letter of April 26 to the President of
Congress.
Retaliatory Act against New York.
In Assembly, Oct. 18. — Hon. Micah Townsend petitioned as follows :
1 This phrase is used in the Haldimand negotiation to denote those
who were engaged in or cognizant of it; and here it has the same appli-
cation.
Appendix C. 331
That on the 10th of July last past he was arrested in the city of New
York in an action of trespass by Seth Smith of the State of New York,1-
solely for his officiating in the line of his duty as Clerk of the County
Court of Windham county — and praying the interference and indemnity
of the Legislature in his behalf, as it is a matter which, though aimed
particularly at him, may in its consequences affect the State at large
and every officer and subject thereof.
In response to this petition, an act passed appointing three commis-
sioners to seize and sell so much of the lands in Vermont belonging to
citizens of New York as would raise the sum of £1500 in specie when
sold at public vendue; and directing them to pay to Townsend, as soon
as the New York court should render judgment against him, the amount
of the judgment and costs, expenses of defending the suit, and a proper
recompense for being unjustly sued.2 The following correspondence is
pertinent:
Messrs. Haswell & Russell, — As the most eligible method of acquaint-
ing the Members of the Legislature and the freemen of the State, with
the operation of an Act passed in October last, for my^indemnity in a
suit commenced against me in New York, for officiating as Clerk of
Windham County Court, be pleased to publish in your Useful Paper, the
following letter from my Attorney, viz.
" New-York, April 10, 1785.
" Dear Sir, — Your favor of the 20th nit, was yesterday put into my
hands. The Advertisement you transmitted was also duly received, but
has never been made use of, because 1 was sure of success in a different
way, and did not wish to increase the animosity already too great between
Vermont and us.
" At our last Mayor's Court I laid Mr. Seth Smith's Attorney under a
rule to declare by the next Court, or be non prossed. As he neglected
doing this, I have had the rule made absolute, and the cause is of course
totally out of Court, and cannot be brought on again de novo, without
your being again arrested. My costs are too inconsiderable to make a
Bill of. I am sufficiently recompenced by putting so favourable an end
to a cause whose consequences 1 was somewhat apprehensive about.
" I am sir, with respect, your very obedient servant,
" Brockholst Livingston.3
" Micah Townsend, Esq."
In consequence of the foregoing information, I have requested Mr.
Livingston to wait upon Judge Morris4 (whose interest the Commission-
ers had seized for my security) with my most respectful Compliments,
and to assure him that as in making reprisals, I was dictated by self-
preservation and not by resentment, I will lose the trouble and expence
I have been at, both here and in New-York, rather than be instrumental
to selling any of his property. — That his Land is free from any demands
\0£ Brattleborough.— See Vol. n, p. 372.
2 For act, see Slade's State Papers, p. 491.
8 Mr. Livingston was an officer in the revolutionary war, judge of the
supreme court of New York from 1S02 to 1806, and of the supreme
court of the United States from 1806 until his death in 1823.
4 Probably Judge Richard Morris of New York.
332 Appendix C.
against it on my account — and that I will satisfy the Commissioners for
their trouble in this business.
Thus happily, and honorably for this state, has ended a matter con-
cerning whose consequences some timid persons were apprehensive. I
am Gentlemen, your most obedient servant, Micah Townsend.
Brattleboro\ July 14, 1785.1
Clemency to the Insurgents in Windham County.
In Assembly, Oct. 23 1784.— A petition signed Charles Phelps pray-
ing for a full pardon and a reversion [reversal] of a sentence of the
Supreme Court confiscating his estate, &c. was read and refered to a
Committee of three to join a Committee from the Council to take the
same under consideration, state facts and make report. The members
chosen Mr- Lyon, Mr Clark, [Col. Isaac] and Mr- Wells, [Hubbell, of
Halifax.]2
Oct. 26. — The committe reported:
That upon examination it appears lo your Committee that said Charles
Phelps Esqr- has been meritorious in his former opposition to the gov-
ernment of New Yorks granting lands &c. and opposing the people in
Cumberland county uniting and associating with New York — and that
he has been very serviceable to his Country by procuring and selling
without profit to himself a quantity of arms, ammunition and salt — we
also find that said Phelps has been for a number of years past exceed-
ingly obstinate against and troublesome to this State — and that he has
had sentence of imprisonment and confiscation of all his estate both real
and personal passed against him by the Supreme court of this State for
treason. However your Committee would recommend him as a fit object
of mercy on account of his former merit, his advanced age and the bad
circumstances of his family — and submit it as their opinion that he have
all his former estate, both real and personal returned to him, except what
has been disposed of by the public, on his paying £35 lawful money to
the State towards defraying the extraordinary cost that this government
have been at on account of the exertions against government by him
and his late associates.3 [Signed] Peter Olcott for Committee.
The following act was the result:
AN ACT pardoning Charles Phelps Esq. of Marlborough, in the county
of Windham:, and restoring to him all his estate, real and personal.
Whereas, Charles Phelps Esq. of Marlborough, in the county of
Windham, has preferred his petition to this Assembly, setting forth
that, by sentence of the supreme court, holden at Westminster, within
and for the county of Windham aforesaid, on the second Tuesday of
February, Anno Domini, one thousand seven hundred and eighty-four,
he was attainted of treason against this State; by reason of which sen-
tence, all the estate, real and personal, of the said Charles Phelps Esq.
was confiscated to, and seized for the use of, this State; and praying
pardon and a restitution of his said estate: and whereas, many matters
1 Vermont Gazette for Aug. 1 1785.
2 Mr. Olcott was joined from the Council.
3 Phelps remained in sentiment devoted to New York, and dated his
last will at " New Marlborough in the county of Cumberland and State of
New York." He died in April 1789 in the seventy-third year of his age.
—See Eastern Vermont pp. 537, 679-689.
Appendix 0. 333
appear which recommend the said Charles Phelps Esq. to the mercy of
this Legislature, and this Legislature ever willing to extend mercy where
the ends of government may be as well answered thereby: therefore,
Be it enacted, &c. that there be, and hereby is, granted to the said
Charles Phelps Esq. a full and free pardon of said attainder, and all and
singular the consequences thereof; and that all the estate of the said
Charles Phelps Esq. both real and personal, confiscated by said sentence
and attainder, be, and the same is hereby restored to the said Charles
Phelps Esq. except so much of said estate as hath already been sold and
disposed to the use of this State.
And be it further enacted, that the said Charles Phelps Esq. shall not
be entitled to any of the benefits and privileges, or immunities, granted
by this act, until he shall have paid to the treasury of this State, the sum
of thirty-five pounds, lawful money, to indemnify this State, for costs
that have accrued in prosecuting the said Charles Phelps Esq.
Be it further enacted, that the treasurer be, and is hereby directed
to receive an obligation from the said Charles Phelps Esq. for the said
thirty-five pounds, to be paid in hard money, within six months, with
interest; and also, to receive from the said Phelps a certain note given
by Oliver Waters and others, to Elisha Porter, Esquire, sheriff of the
ccunty of Hampshire, for about fifteen pounds, and also a note given by
said Waters and others to Charles Phelps of Hadley, for about six
pounds, lawful money, and indorse the same on the said thirty-five
pound note; and when the said two notes are received by the treasurer,
and indorsed as aforesaid, then the said Charles Phelps Esq. shall be
fully and amply intitled to all the benefits proposed or provided in this
act, and have right to receive, hold and enjoy, all his estate, both real
and personal, as is intended by this act.
Oct. 25. — Two petitions signed by a number of the late disaffected in-
habitants of the southerly part of the County of Windham, praying that
the Legislature would be pleased once more to put it into their [power]
to accept a full pardon for their former transgressions of the laws&c. &c.
were read and referee! to a Committee of five to join a Committee from
the Council to take the same under consideration, state facts and make
report of their opinion to this House.— The members chosen Mr- Knight,
Mr- Weld, Mr- J. [Joseph] Bradley, Mr- Bridgman and Mr- Knoulton.1
Oct. 26. — The committee reported,
That in our opinion an act of this Assembly be passed granting a free
and full pardon to all the petitioners for all crimes committed against
the State as set forth in the petitions, and also a restoration of all pro-
perty that hath been taken by order of this State and not disposed of,
upon condition that every of them so to be pardoned take the oath of
allegiance to this State before he receive the benefit of such pardon.
(Signed) Samuel Fletcher for Committee.
Ordered that a bill be brought in accordingly.
The act passed as follows:
AN ACT granting to the several persons therein named, a free pardon
for the several crimes herein described.
Be it enacted, &c. that a free pardon be and is hereby granted to the
persons herein named, for all crimes heretofore committed in opposing
the authority of this State, to wit: —
Timothy Church, Francis Prouty, Ebenezer Knap, Joseph Whipple,
Eleazer Church, Jonathan Dunklee, John Alexander, all of Brattle-
borough; and Samuel Melendy, Kewhal Earl, Ithamar Goodenough,
1 Mr. Fletcher was joined from the Council.
334 Appendix 0.
Artimas Goodenough„ Simeon Ferrel, Amos Yaw, Adonijah Putnam,
Joseph Peck, Edward Carpenter, Cyrryl Carpenter, Amos Yaw, jun.,
Asaph Carpenter, Samuel Curtis, Henry Evens, Samuel Bixby, William
White, Joseph Eliot, and Giles Roberts, all of Guilford; and Thomas
Whipple of Marlborough.
And be it further enacted, that all the property, real and personal, of
each and every person, before named, which hath been adjudged forfeit
to this State, or hath been seized or taken by the authority of the same,
and not disposed of, be returned to the before named persons.
Provided always, that neither of the aforementioned persons shall be
intitled to any of the benefits of this act, who shall not appear before
some justice of the peace, in the county of Windham, within two months
from the publication hereof, and take an oath of allegiance to this State,
and procure a certificate thereof.
In Council, Oct. 27. — Resolutions were, on petitions, adopted to remit
the fines imposed by the Supreme Court on the following named per-
sons: Joseph Chamberlin, Francis Prouty, John Alexander, Edward
Carpenter, Asaph Carpenter, and Cyril Carpenter.
The fine of Stephen Chase was remitted June 8 1784.
Elections of Agents and Delegates to Congress.
Oct. 28 1784. — Agreeable to order, proceeded to choose by joint ballot
of Governor, Council, and Assembly, three Agents to attend Congress,
to transact and negotiate the business of this State with that body. The
ballots being taken and sorted, the Honorable Moses Robinson, Ira
Allen, and Nathaniel Niles, Esquires, were elected.
Agreeable to order, the General Assembly proceeded to choose three
Delegates to [represent this State in] Congress. The ballots being sorted
and counted, the Honorable Moses Robinson, Ira Allen, and Nathaniel
Niles, Esquires, were elected.
In like manner the following named gentlemen were elected at the
dates stated:
Oct. 18 1785. — Moses Robinson, Ira Allen, and Stephen R. Bradley,
Agents.
Oct. 30 1786. —Moses Robinson, Ira Allen, and Isaac Tichenor, Agents.
Oct. 24 1787. — Ira Allen, Isaac Tichenor, and Noah Smith, Agents.
Oct. 22 1788. — Moses Robinson, Ira Allen, and Jonathan Arnold,
Agents. Oct. 24, Isaac Tichenor was elected in place of Ira Allen ex-
cused.
Oct. 27 1789. — Isaac Tichenor, Stephen R. Bradley, and Elijah Paine,
Agents.
Jan. 13 1791. — Nathaniel Chipinan, and Lewis R. Morris, Commis-
Sentiments of Vermont after the. Peace of 1783.1
The evasive, irresolute, contradictory acts of Congress, had nearly
destroyed all the faith and confidence which the people of Vermont had
reposed in that body. And it was generally thought it would not be
1 Williams's Vermont, second edition, Vol. 2, pp. 252-255.
Appendix 0. 335
best to have any connexion with them; but only to keep up the custom
and form of choosing delegates every year, to represent the state of
Vermont.
The war with Great Britain had proved greatly distressing to every
part of the United States; but it had served to establish an union among
the people of America, which could not have been so firmly cemented,
but by the prospect of common danger. This appearance was now come
to an end. On January the 20th, 1783. the preliminary articles of peace
were signed by the ministers of the king of Great Britain, and the
United States of America. In this treaty the former colonies were
acknowledged to be free, sovereign and independent states. By putting
an end to war, this treaty put an end to the embarrassments of Congress,
and to all the fears of the people of Vermont. An union with the con-
federation was no longer a matter of immediate and urgent necessity.
The state had now no external enemies to oppose, or any body of troops
to be raised or kept in pay. Weary of so long and distressing a war,
all parties wished for the repose and tranquility of peace; and were
heartily desirous of dropping all occasions of controversy and debate.
The business of Congress, however, became more and more embarrassing.
Their currency had failed, their revenues were exhausted, their armies
were dissatisfied and unpaid, the debts they "had contracted were unfunded,
the public creditors were everywhere full of complaints against their
proceedings, and they had no resources to answer the demands that
were perpetually made upon them. Few of the states paid much regard
to their resolutions, and it was now fully evident that their powers were
inadequate to the public business of the United States, and that the ar-
ticles of union and confederation were essentially defective. Without
power to relieve themselves, under these embarrassments, the Congress
was daily sinking into a state of insignificance and contempt; and the
public affairs of the union were constantly becoming more and more
embarrassed with weakness, disorder, the want of wisdom, credit, and
power.
In such a state of things, an admission into the confederacy of the
states, ceased to be an object of any importance, or even desire. Ver-
mont was happy in being free from the load of debt, which lay upon the
United States; and was not perplexed by the constant calls of Congress,
to raise the necessary sums of money. The legislature had acquired
wisdom and experience in governing the people, from the difficulties in
which they had been engaged. It had not been in their power to con-
tract very large debts, nor was it necessary or practicable to impose heavy
taxes upon the people. The state had a large quantity of valuable lands
to dispose of; and purchasers and settlers were constantly coming in,
from all the New England States. Thus, by one of those sudden transi-
tions which are common to human affairs, from the most distressed and
perplexed state, the condition and prospect of the people of Vermont
became, at once, more easy and flattering than those of their neighbors.
Encouraged by the mildness cf the government, the smallness of the
taxes, the fertility and cheapness of the lands, large additions were an-
nually made to their numbers and property, by the accession of inhab-
itants from other states. There was nothing, therefore, in the public
affairs of the United States, or in those of Vermont, that could lead the
inhabitants any longer to wish for an admission into the confederation.
The body of the people felt that they were in a better situation than the
people in the neighboring states; and it was the general inclination and
desire, not to be connected with the union, if it could be decently
avoided.
In this situation, added Dr. Williams, things remained until the adoption
336 Appendix C.
of the constitution of the United States, and the acts of the first Con-
gress had been marked with such wisdom and justice as served to abate
the fears that many had entertained, and to conciliate the minds of the
people to federal sentiments. Ira Allen said, that after the reception of
the resolutions of Congress of Dec. 5, 1782, " the Legislature [of Ver-
mont] annually appointed agents and delegates to Congress, but took no
further pains to join the confederacy ; indeed they found themselves in
better circumstances than those of the neighbouring states, on account
of taxes, and were content with the measures of government."1
*Ira Allen's History, in Vt. Hist. Soc. Collections, Vol. I, p. 464.
APPENDIX D
OBSTACLES IN CONGRESS TO THE RECOGNITION OF VER-
MONT, i
In 1785 movements had been made for forming three new states, besides
Vermont, in the territory claimed by some of the original thirteen:
Kentucky, from Virginia ; Franklin [now Tennessee,] from North Caro-
lina ; and Maine, from Massachusetts. Congress was embarrassed by
the claim on the one side of the old states that, by the third article of
confederation, any countenance to these movements was forbidden,2 and
on the other by the necessity of respecting the wishes and interests of
large bodies of people, and the future prosperity and harmony of the
nation. Hence earnest attempts were made to devise a scheme for the
settlement of a question that was fraught with danger. This served to
defer the favorable decision which a majority of Congress were ready to
make as to Vermont. The following, from documents, copies of which
were communicated to Vermont at the time, elucidates this matter.
Congress and its Committee on Districts of States claiming Inde-
pentace.— 1785-1 786.3
October 12, 1785. —Congress passed a resolution as follows: The del-
egates from Massachusetts and Virginia having withdrawn their motion
of the 7th instant, on motion of the delegates of said States,
Besolved, That agrand committee be appointed to report what measures
are proper for Congress to adopt, to prevent the ill consequences of a
particular district of any State setting up and claiming the right of inde-
pendent government, without the consent of said State and of the United
States.4
lVt. Hist. Soc. Collections, Vol. u, pp. 432-436.
2By this article the thirteen States bound " themselves to assist each
other, against all force offered to, or attack made upon them, or any of
them, on account of religion, sovereignty, trade, or any other pretence
whatever." — The Constitution, by W. Hickey, p. 484.
6Designed by William Slade for the Vermont State Papers, but not
printed.
iJour. Cong. Oct. 12, 1785. — See also Journal of the 7th and 13th Oct.,
FolwelPs edition, Vol. x, pp. 245-250.
23
338 Appendix D.
The following account of the proceedings of this committee is found
among the papers used by Mr. Slade in compiling his volumes of State
Papers.
Last October a large committee was appointed by Congress to take
into consideration what rule of conduct it might be proper for the United
States to adopt in regard to those districts of territory which were
claimed by any of the States, the inhabitants of which had assumed or
might in future assume the rights and powers of independent sove-
reignties.
The committee was composed of the Hon. Mr. Long from New Hamp-
shire, Mr. Gerry from Massachusetts, Mr. Ellery from Rhode Island, Mr.
Cook from Connecticut, Mr. Smith from New York, Mr. Stewart from
New Jersey, Mr. Gardner from Pennsylvania, Mr. Yining from Dela-
ware, Mr. Hindman from Maryland, Mr. Hardy1 from Virginia, Mr.
McKean from South Carolina.
The following plan was drawn up and laid before the committee by Mr.
Gerry, viz :
" Whereas by the third article of the confederation the States have
severally entered into a firm league of friendship with each other for
their common defence, the security of their liberties, and their mutual
and general welfare, binding themselves to assist each other against all
force opposed to, or attacks made upon them or any of them, on account
of religion, sovereignty, trade, or any pretence whatever :
"And whereas a separation of any district from a State having a right
to exercise constitutional jurisdiction over such district, unless by the
consent of the State and of the United States, would be a violation of
and have a tendency to subvert the fundamental principles of the Union :
therefore
" Besolved, That Congress highly disapprove of all meetings, combina-
tions, and other measures not authorized by the States respectively in
the first instance, and also by the United States, for the purpose of sep-
arating any district or territory from a State having a right to exercise
constitutional jurisdiction over the same, and Congress consider them-
selves bound, on the application of any State for that purpose, to support,
where necessary, such State in the due execution of the laws thereof,
for preventing such separation, until it shall be made in a mode that may
be adopted by the States in Congress assembled, and ratified by the
several. States in the Union."
The committee did not agree to the preceding draught, and accord-
ingly it was not reported ; in consequence of which a sub-committee
being appointed out of the general committee, the plan which succeeds
was drawn up by a member and laid before them, as follows, viz :2
" Whereas, from the local circumstances of a State in the course of
human events it may become expedient for it to permit a district or part
thereof to separate from it, and set up an independent jurisdiction ; and
it may also become expedient that the United States in Congress as-
sembled should consent to such separation and admit such district into
the present federal Union :
"And whereas the United States in Congress assembled are not
JMr. Hardy died Oct. 17, 1785.— See Jour, of Cong, of that date, Pol-
well's edition, Vol. x, p. 251.
2 This plan is substantially the same that was proposed to Congress by
the delegates from Rhode Island, Oct. 7 1785. — See Journal of that date.
Appendix D. 339
authorized by the confederation to admit the independency of and receive
into its federal union a District or part of a State, which may separate
and set up an independent jurisdiction as aforesaid :
"Resolved, Therefore, that it be recommended to the legislatures of
the several States to authorize nine of the original States in Congress
aforesaid to admit into the federal Union a district or part of a State,
which, with the consent of the State to which said district belonged, and
the consent of nine of the original States, shall have separated from the
parent State and erected an independent jurisdiction."
The foregoing being not ageeed to was not reported to Congress, upon
which the third plan was drawn up and laid before the committee, to be
adopted as their report to Congress. It was in the following words:
"Whereas, for the happiness of mankind, and from the local circum-
stances of a State, it may in the course of human events, become expe-
dient that a State should permit a district or part thereof to separate
therefrom, and become an independent jurisdiction; and it may also
become expedient that the United States in Congress assembled should
consent to such a separation, and admit such district to the rank of an
independent State, and to be a member of the federal Union:
Therefore, Resolved, that it be recommended to the legislatures of
the several States to authorize the United States in Congress assembled
to admit a district or districts in any State to separate and become an
indpendent State on the following terms:
1st. That the extent of the district shall not be less than miles
long and miles wide.
2d. That the original State shall consent to such separation by an
express act of their legislature ; providing that if the United States in
Congress assembled shall not, by the vole of nine States of the original
States, think it expedient to admit such district into the federal Union,
that they shall return to the jurisdiction of the original State.
3d. That their government shall be republican.
4th. That they shall be subject to pay a part of the federal debt
contracted or to be contracted, to be apportioned on them by Congress
by the same rule by which apportionments shall be made on the other
States.
5th. That they shall be subject to the articles of confederation,
ordinances and resolutions of Congress made or to be made.
6th. That they shall forever remain a part of the confederacy of the
United States of America.
"And whereas a separation on any other terms would be highly
derogatory to the dignity of the Union:
Resolved, That the United States in Congress assembled hold them-
selves bound, on the application of any State, to support them when
necessary, in their jurisdictional rights over every part of the said State
according to the third article of the confederation."
The committee did not agree to this last plan. However, there might
probably have been a majority to recommend adopting it by Congress
were it not for the final clause. N"o report has been made to Congress,
and thus the matter has lain till this time; no effort being made,
and probably will not be made, from the present situation of affairs,
against the exertions of those districts which have assumed independent
sovereignties.
The preceding minutes and propositions, which were laid before the
committee and sub-committee, are by no means to be made public.
New York, May 27, 1786.
340 Appendix D.
Thomas Jefferson to M. de Meusnier, Jan. 24 1786.1
Nothing is decided as to Vermont. The four northernmost States
wish it to be received into the Union. The Middle and Southern States
are rather opposed to it. But the great difficulty arises with New York,
which claims that territory. In the heginniug every individual revolted
at the idea of giving thorn up. Congress therefore only interfered from
time to time, t j prevent the two parties from coming to an open rupture.
In the meanwhile the minds of the New Yorkers have heen familiariz-
ing to the idea of a separation, and 1 think it will not he long before
they will consent to it. In that case, the Southern and Middle States
will doubtless acquiesce, and Vermont will be received into the Union.
1 H. A. Washington's Complete Works of Jefferson, Vol. 9, pp. 284,
285.
APPENDIX E.
CONFLICTING TITLES TO LAND, AND MEASURES OF
RELIEF.
When an independent constitutional government was fully organized
in Vermont in 1778, a large portion of the territory had been granted
to proprietors by the States of Massachusetts and New Hampshire, and
many of the grants made by these States had been covered also by
grants made by New York. In 1777 the Governor and Council entered
upon the work of sequestering the personal property of persons who
had joined the enemy; and at the first session of the General Assembly,
March 1778, a court of confiscation was established, with power to seize
and sell their real estate. At the same session, Vermont also author-
ized the first grant of land, and these grants were speedily multiplied.
Whatever actual surveys had been made were the work of different per-
sons, and the State had no map or plan of the surveys, and no public
records within it of a large proportion of the grants, nor even of the
deeds for many years. The proprietors of territory covered by conflict-
ing grants made sales as fast as purchasers could be found, and many
of the latter occupied and improved the land so purchased, relying upon
the validity of their titles.1 The common law was adopted and courts
were established by Vermont in 1778, and thus was provided the necessary
machinery for ascertaining titles so far as was practicable, and for con-
firming them to the legal owners; but it was obvious that the results
would have been very distressing to many persons who had in good faith
purchased, occupied, and improved land to which they had no legal title.
Trials of Land Titles Prohibited.
The first measure of relief was to forbid, temporarily, the trial by the
courts of any title to land. This was probably done in 1778, and cer-
tainly in Feb. 1779, by the following provision in the act establishing
the superior court:
That this court shall have no power to try any action or title of land,
1 See post, preamble to the betterment act proposed in 1784, and
extract from the life of Nathaniel Chipman.
342 Appendix E.
for the year ensuing; any clause in this or any other act of the legisla-
ture of this State to the contrary notwithstanding.
In June 1779, Ira Allen was appointed Surveyor General, for the pur-
pose of procuring " copies of all Charters that ever was made of lands
lying in this State in order to make out one General plan of this State
in order to know where vacant lands are;"J- In October, a board of com-
missioners was constituted " for the better regulating Titles of Land
within this State," whose duty it was to call for charters, patents, deeds,
and other papers respecting titles to land— to put claimants upon oath
—to make out reports and deposit them in the clerk's office of the town
in which the land was, for the examination of parties interested, and to re-
port also to the General Assembly at the opening of each session, when
the Assembly was to act upon the reports, and each report which was
approved by that body was to be recorded in the town clerk's office.
This act also excluded the courts from trying land titles. The preamble
of this act set out another cause of conflicting titles, as follows:
Whereas, there are many tenements, farms and tracts of land, situated
within this State, claimed by sundry persons, under divers titles,
occasioned partly bv the unsettled situation the people of this State have
heretofore been in, and partly by the avaricious views of those governors,
who under the King of Great Britain, feared not to give patents directly
interfering with each other, and many settlers have moved on to said
lands under those different titles, and undergone innumerable hardships
in settling farms, and now to dispossess them, would be cruel and unjust:
while others have been intruders and trespassers from the beginning;
and to establish them, in seclusion of the lawful freeholders, would be
equally iniquitous and unjust. And whereas many inconveniences
must attend trials at law, in strict legal adjudications of such a multi-
plicity of disputes, as well to individuals as the public; such as delays
of justice in many instances, increasing broils and contentions; which
great evils to prevent, be it enacted, &c.2
In March 1780, "an act to prevent unlawful settlement on unappro-
priated Lands" was passed, the penalty being a forfeiture of the land,
labor, and improvements to the State, with the following proviso, which
has a germ of the subsequent quieting or betterment acts:
Provided always, that nothing in this act be construed to debar any
person or persons from recovering pay for labor, settlement, &c. where
it can be made to appear that such settlement was made through mistake,
or on a supposed legal title. And to prevent frauds in sales of land, by
persons who pretend to a title by virtue of their names being annexed
to any petition or petitions on file, in the Secretary's office, for granting;
all persons are hereby cautioned against such purchases, as the^ are
unjust in their nature, and will not be considered as legal.3
The prohibition against trials of land titles expired June 1 1780, but
was renewed in the following October,4 and continued, special cases
excepted,5 until the Betterment Act of October 1781 went into effect,
when the prohibitions were removed from the courts.
1 See Yol. I, p. 303, second note.
2 Slade's State Papers, p. 392. 3Same, p. 395. iSame, p. 405.
5 See Slade's State Papers, pp. 405, 411, 424 and 426, for excepted cases.
Appendix E. 343
The Betterment Acts.
To Gov. Chittenden belongs the honor of first suggesting, and
steadily urging to a successful issue, the equitable relief afforded by
what are now known, in Vermont and elsewhere, as betterment acts.1
Oct. 14 1780, in a message of the Governor and Council recommending
measures to the Assembly, the gist of all these acts was contained in the
following dozen words:
The making such resolves as will in equity quiet the ancient settlers.2
Oct. 16, the Assembly appointed Thomas Porter of Tinmouth, Elihu
Smith of Clarendon, and Ebenezer Walbridge of Bennington, a com-
mittee to prepare a bill. On the 17th, this committee was enlarged by
the addition of Reuben Jones of Rockingham, Ebenezer Drury of
Pittsford, Martin Powell of Manchester, and William Ward of Poultney;
aud Messrs. Brownson and Bowker were joined from the Council. Oct.
25, the bill was read and ordered to lie; and Nov. 6 it was referred to
the next session. Feb. 15 1781, the act was read in the Assembly,
passed, and sent to the Governor and Council for concurrence. The
title of the bill in Oct. 1780 was "An Act to quiet Ancient Settlers;"
but as passed in Feb. 1781 it was " An Act for quieting disputes con-
cerning landed Property," and was limited to cases where different pro-
prietors claimed the same tract of land under two or more charters
issued by one and the same authority. In these cases the Governor,
Council, and House of Representatives were to sit as a court, to hear
and finally determine the disputes between the contesting claimants.3
Oct. 15 1781, the sixth article in the arrangement of business being
the " Opening the trial of the title of Lands,"' it was
Resolved that a Committee of nine to join a Committee from the
Council be appointed to take under consideration the 6th article in the
Report arranging the business of the Session, and that they prepare a
bill for quieting ancient Settlers and make report to this House.
This committee consisted of Matthew Lyon of Arlington, Joseph
Smith of Clarendon, John Strong of Dorset, [later of Addison,] Nathan
Hodges of Lyman, X. H., Ebenezer Drury of Pittsford, Thomas Chand-
ler jr. of Chester, Elkanah Sprague of Hartford, Colburn Preston of
Rockingham, Stephen R. Bradley of Westmister, and John Bridgman
of Vernon. Ira Allen and Jonas Fay were joined from the Council.
Oct. 23, this committee was discharged, and Oct. 24 was fixed by the
1 In the Vermont Gazette of Sept. 19 1785, several of the prominent
politicians of the state were squibbed in the form of an advertisement of
books for sale, among the titles of which was this: "An Act for quieting
ancient Settlers. By T. <7." Ethan and Ira Allen, Isaac Tichenor, and
Thomas Tolman were among the victims of the anonymous satirist,
2 Ms. Assembly Journal, Vol. 1, p. 196.
3 See Slade's State Papers, p. 424,
344 Appendix E.
Assembly to consider the subject. Accordingly on the 24th, Reuben
Jones of Chester, Elisha Payne of Lebanon, N. II., and Matthew Lyon
of Arlington were appointed a committee to report " a Bill to repeal
such Laws as prohibit the tryal of the title of* Lands;" and Ezra Styles
of Keene, N. H., was " requested to prepare a 33111 regulating the trial
of the title of Lands, and Report." On the 25th, the repealing act was
passed by the Assembly; and on the 27th the first betterment act was
also passed. The two acts were as follows:
The first Betterment Act, 1781.
AN ACT to enable persons who have entered and made improvement
on Lands, under colour of title, who shall be driven out of the posses-
sion by a legal trial at law, to recover the value of what the estate is
made better by such improvements, from the rightful owner of the
Land.
Whereas, many persons have purchased supposed titles to lands with-
in this State, and have taken possession of such lands under such sup-
posed titles, and made large improvements on the same; and who, having
no legal title to such lands, must, if the strict rules of law be attended
to, be turned off from their possessions, made at great labor and expense,
and others who have wholly neglected the settlement of the country,
will enjoy the benefits of their lnbor. Therefore,
Be it enacted, &c. that when any person or persons, in the actual pos-
session and improvement of lands, to which he, she or they so in posses-
sion, have purchased a title, supposing at the time of purchase, such title
to be good in fee, shall be prosecuted before any court b}7 action of eject-
ment, or writ of right, to final judgment, and judgment shall be finally
given against such possessor or possessors, or person or persons in pos-
session as aforesaid; such possessor or possessors as aforesaid, against
whom judgment shall be finally given as aforesaid, shall have right in
action,' to recover of the person or persons in whom the legal right shall
be found by such judgment, so much money as shall be judged equitable,
on the whole view of the matter, in consideration of the possessor having
settled thereon. And the manner of process shall be, that the recoveree
or recoverees in such action as aforesaid, shall, within twenty-four hours
after judgment, file a declaration, in an action of the case, against the re-
coveror or recoverors, for so much as the estate is made better as afore-
said, in the clerk's office of said court where such judgment was obtained;
which shall be deemed sufficient notice to the adverse party to appear
and defend in such action on the case, at the next stated or adjourned
sessions of said court: and the court, on motion made, shall order the
writ of seizin to be stayed until the last action aforesaid be determined:
and the lands, recovered by said judgment, shall be holden to respond
the judgment^ if any there be, in favor of the possessor or possessors, as
fully as though the same had been attached by mesne process. And if,
on trial, it shall be found necessary that a view be had of the premises,
by the jury, to ascertain how much the estate is made better as afore-
said, the court, on motion made by either party, may grant such view;
and all reasonable charges arising by such view, shall be paid by him or
them who moves for a view.
Provided always, that this act shall not extend to any thing future, or
to any person or persons who shall take possession of lands, to which
they have no legal title, from the time of passing this act; and that no
person who hath ousted the rightful owner, or got possession of any
improved estate by ouster, shall take any advantage or benefit by virtue
of this act.
Appendix E. 345
Be it further enacted, that if the plaintiff, in the action of the case
aforesaid, shall recover judgment in said action, no execution shall be
granted in such case, until the expiration of six months after said judg-
ment is recovered: and the writ of seizin shall be further stayed, until
the expiration of the said six months, unless the defendant, in said
action of the case, shall satisfy such judgment, either to the plaintiff
recovering such judgment, or by paying the full sum of damages and
costs so recovered, into the hands of the clerk of said court, for the
plaintift's use; in which case the clerk shall give a receipt for the sum
so paid, and indorse such judgment satisfied; and a writ of seizin shall
immediately issue.
AN ACT for repealing the several Laws now in force, prohibiting the
trial of the Title of Lands.
Whereas, it is necessary, for the well being of society, and the regular
administration of civil government, that the course of justice should be
uninterrupted, and open to all parties: Therefore,
Be it enacted, &c. that all and every act, and part of acts, now in force,
prohibiting the trial of the title of lands, before the superior and county
courts, are hereby repealed and nullified.
Proposed Betterment Act, March 1784.
At the session in Feb. 1783, the first article in the arrangement of
business was "the passing an Act for quieting Antient Settlers in their
possessions;" but the only action at that session was the adoption of the
following resolution:
Resolved that all Trials for the Title of Lands that have been possessed
by virtue of any Conveyance for more than the term of five Years be-
fore the passing horeof, be suspended until the rising of the next Session
of Assembly ; and also Executions now in the hands of any Officers
granted on such Trial — except where the Parties agree that such Trial
may go on.
An act for the securing titles of land in the State was passed at that
session ; but it was reconsidered and postponed to the next session.
At the October session 1783, the eighth article in the arrangement of
business was, " that Provision be made for quieting antient Settlers ; and
that the Law be opened for the Trial of Land Titles ;" and, Oct. 11, this
article was postponed for consideration in Grand Coinmitte on the 15th.
The committee did not consider the question until the 18th, when a bill,
which had been prepared by a sub-committee, was read and postponed
to the 21st, and still again to the 22d, when Jonathan Brace of Man-
chester, Stephen R. Bradley of Westminster, and Micah Townsend of
Brattleborough were appointed a committee " to prepare a bill against
the next session of Assembly for quieting antient Settlers."1
'Neither of these gentlemen were members of the Assembly at that
time, and all were lawyers. Jonathan Brace had been a judge of the
supreme court of Connecticut. In 1785 he was state's attorney for Ben-
nington .county, and also one of the council of censors. — Vt. Hist. Mag.
Yol. i, pp. 202-203.
46 Appendix E>
At the February session 1784, the fourth article in the arrangement
of business was, "That some provision be made for quieting antient Set-
tlers and that the Laws be opened for land trials.'' Feb. 23, a committee
was appointed to consider the subject, consisting of Isaac Tichenor of
Bennington, then Speaker, Samuel Mattocks of Tinmouth, Samuel Knight
of Brattleborough, Elias Weld of Ilartland, Israel Smith of Thetford,
John Strong of Addison, Elijah Robinson of Weathersfield, Noah Sabin
of Putney, and Matthew Lyon, then of Fair Haven; and Joseph Bowker
and Jonas Fay were joined from the Council. Feb. 26th, this committee
reported " an act to enable persons who have entered and made im-
provements on lands under colour of title, who shall be driven out of
1he possession by a legal trial at law, to recover the value of what the
estate is made better by such improvements from the rightful owner of
said land." This bill was read, and ordered to a second reading. March
2, the bill passed in the Assembly. On the 3d the Council returned it
with a recommendation that it "be printed for the perusal of the people
until the next session of Assembly ;" and after debate and adopting
amendments, the Assembly again returned the bill to the Governor and
Council. March 4, the Council a second time, and by a unanimous vote,
recommended a reference of the bill to the people ; whereupon the As-
sembly " resolved that this House do not comply with the said recom-
mendation of Council." The Council then asked a joint meeting of
both houses in committee of the whole, to which the Assembly assented.
March 5, the committee of the whole recommended a postponement of
the bill until the next session, and the Assembly
Resolved that said bill be published for the perusal of the people until
the next Session of Assembly before it be passed into a law of this
State — and that the Secretary [of State] be directed to publish the same
in both the public newspapers printed in this State.
March 6, the Council sent to the Assembly a bill to suspend the trial
of land titles temporarily, which was passed on the yeas and nays — yeas
32, nays 29.
The bill for a betterment act, published as above, was a copy sub-
stantially of the act of 1781, with four additional sections : one limiting
the time in which the defendant might demur to the declaration for
damage ; another providing that all trials of title suspended by the As-
sembly in Oct. 1783 should be taken up in the same stage in which they
were when suspended ; another that no writ of right, or other real action,
or of ejectment, shall be prosecuted where the cause of action had pre-
viously accrued, but within three years after March 1, 1784 ; and the
last repealing the betterment act of 1781.
Proposed Betterment Act, Oct. 1784.
At the October session of 1784, the above-named bill was the first in the
arrangement of business, and it was considered in committee of the whole
of both houses Oct. 13, and again on the 18th, as follows :
Appendix E. 347
Rutland, [Monday,] Oct, 18, 1784.
His Excellency the Governor, the Honorable the Council, and General
Assembly, being resolved into a Committee of the whole, to take under
consideration the first article in the arrangement: His Excellency in the
chair, and Micah Townsend, Esq; Clerk.
A petition from thirty-nine inhabitants of Clarendon; a petition from
thirty-eight inhabitants of Danby; and a petition from the inhabitants
of Rutland and Shrewsbury; were severally read: also, an extract from
the proceedings of the town of Manchester, was read; and,
The proposed bill, entitled, An act to enable persons who have entered
into and made improvements on lands under colour of title, who shall
be driven out of the possession by a legal trial at law, to recover the
value of what the estate is made better by such improvements, from the
rightful owner; and also the bill, entitled, An act for the limitation of
actions; both of which were printed and published for the perusal of the
people; also, a bill proposed as an amendment to the bill under consid-
eration; were read.
Resolved, That a Sub Committee be appointed to consider and amend
the bill under consideration and make report. The members chosen,
Mr. Tolman, His Excellency, Mr. Strong, Mr. Marsh, [Daniel, of Clar-
endon,] Mr. Knoulton, Mr. Knight, Mr. Emmons, [Lieut.] Governor
Spooner, Mr. Niles, [Nathaniel,] Mr. Bailey, [Gen. Jacob Bayley,] and
Judge [Moses] Robinson.
Adjourned until Tuesday afternoon.
Tuesday, October 19, 1784.
The Committee of the whole met according to adjournment, and the
Sub-Committee not being ready to report, adjourned until to-morrow
morning.
Wednesday, October 20, 1784.
The Committee of the whole met according to adjournment.
The Sub-Committee reported a bill, entitled, An Act to enable persons
who have settled and made improvements on lands under supposed titles,
and otherwise without a legal title, who shall be driven out of possession
by a legal trial at law, to recover the value of what the estate is made
better by such settlement and improvements, from the legal owner of
the land, and to direct the manner of process therein:
Which bill was read, and agreed to be reported to the General Assembly,
to be passed into a law of this State.
The Committee of the whole then dissolved.
(Signed) Micah Townsend, Clerk.
In the Assembly, Oct. 23, the bill was debated and amended, and on
the question whether the bill as amended should be accepted, it was
rejected — yeas 33, nays 45. The most notable men who voted for the
bill were Gideon Olin and Mattliew Lyon; while among the nays were
Isaac Tichenor, Nathaniel Chipman, Stephen R. Braclley, Luke Knoulton,
Samuel Kuight and Nathaniel Niles— all of whom were either praticing
attorneys or judges. The writer does not recognize a lawyer among
the yeas.
Oct. 26, the bill was age'r ?f?,v?rl in the Assembly to a committee of
ten, consisting of Mari'r Fv> V 'f Manchester, Benjamin Whipple of
Rutland, Samuel Kirlg!4 o' Pjt'f'lejorough, John Weld of Reading,
William Perry of Pomfret, Jaccl Bayley of Newbury, and Benjamin
Baldwin of Bradford— three of whom only voted for the bill on the 23d.
348 Appendix E.
This committee recommended that the "bill be printed and published
for the perusal of the people;" which was agreed to by the Assembly.
The first section of the bill was substantially the same as that of the
act of 1781 except as to the amount to be recovered, the last bill allowing
the possessor to recover uso much money as the present true value of
the farm or estate exceeds what was its real value, (after deducting the
interest of such real value at six per cent, per annum J at the time when
such settlement was begun." There were various additions and restric-
tions not affecting the principle of the original act, which it is not deemed
necessary to notice here, as the bill was further amended before it became
a law in October 1785. This bill was preceded by a preamble, however,
which sets forth the necessity of such an act fully, and deserves a record
here as an historical document. It was as follows:
Preamble to the proposed Betterment Act of 1784.
Whereas at the first settlement of the lands in this State, and for
several years after, the title of the lands was in great dispute occasioned
by diverse and interfering grants or patents made by the respective
authorities of the governments of the Massachusetts Bay, New-Hamp-
shire, and New-York, whereby in many instances, it was rendered very
difficult, if not impossible, for the people who were desirous to purchase
and settle the lands to ascertain the safe and real title to the same. And
whereas many of the proprietors of said lauds under grants from New
Hampshire attended to the modes prescibed by the laws of that govern-
ment for the division of their lands into severalty, &c. and at the same
time the said lands being regranted by and claimed under the authority
of New-York, other of the said proprietors under New-Hampshire, from
such interference and disputes arising as to title, became discouraged,
and retused or neglected to pay their proportions of the costs arising
from such services, by reason of which, a part of their lands were sold
at public vendue, for the payment of such services with costs, as the laws
aforesaid in that case had provided: and the records of such vendue
proceedings having often been loosely kept, and scattered into different
parts of the country, it is supposed that in many instances such vendue
titles will not be established by the strict rules of law. And since the
said lands have become valuable at the expence and from the extraordi-
nary exertions of (he s- tilers, many proprietors under the said New-
Hampshire grants, who had refused or neglected to clear their lands of
costs, as aforesaid, or to settle, the same, have sold their rights as original
and full, to other persons. Aud whereas, in some instances, the pro-
prietors of townships have voted a considerable part of their lands to
certain persons for encouraging settlement thereon, and in certain cases
for settling proprietory disputes, occasioned by interference of town
lines as well as for payment of committees, &c. for services done, and
those lands have been again sold, and the sales thereof predicated on
such votes, which votes could not convey a legal title, of which illegal
conveyance by vote some proprietors do actually take advantage and
now reclaim the same lands. And whereas, many persons who have
purchased the aforesaid vendue and voted titles, and other supposed
titles, while the real title was obscured by the unhappy and confused
circumstances before mentioned, have taken possession of such lands,
and have by their extraordinary exertions, with others, been the means,
(under heaven) of supporting and defending the title to the lands under
which the legal owners now claim, against the avaricious and unreas-
Appendix U. 349
onable claims of a neighbouring government, and thereby, together with
the large improvements made thereon by their labours and industry,
have raised the lands in general to their present value. And whereas,
if the strict rules of law be attended to, such persons will be turned oft
from their possessions made at great labour and expence, and others,
who have neglected both the defence and settlement of the lands, will
unjustly enjoy the benefits of their labours: which manifest evil and
injustice to prevent, Be it enacted, &.1
The betterment bill having failed, an act continuing the prohibition
as to the trial of land titles was passed, and the following was adopted:
Resolved, That the Secretary [of State] be, and is hereby directed
to cause to be published in both the newspapers printed in this State,
the bill lor quieting ancient settlers, and to cause printed copies of said
bill to be sent to each Town-Clerk, to be laid before their respective
towns for their consideration, at their annual meeting. — That the Town-
Clerks give at least fourteen days public notice of the matter to be
considered of; and that the several Town-Clerks, after taking the sense
of their towns, do certify the same, and the number of voters for and
against the bill, to this Assembly at their next adjourned session.
The second Betterment Act, 1785.
At the June session 1785, the betterment bill of October 1784 was the
first in the arrangement of business, and it was made the order for the
7th, when the vote of the people was reported, to wit: seven hundred
and fifty-six for the bill, and five hundred and eight against it, "■ exclusive
of several towns which did not number their votes, but voted unani-
mously, some for and others against the bill.'1 After debate, the bill was
again rejected by yeas and nays — yeas 29, nays 31. This was the As-
sembly which voted at the previous session, with the exception of a few
members who did not vote in October, and several who did then vote
but were absent in June. The most notable men who changed in favor
of the bill were Samuel Knight and Luke Knowlton; and those who
changed against it were Abraham Underhill of Dorset, William Ward
of Poultney, John Weld of Reading, and John Hawkins of Bridgewater.
The most of these changes were probably due to instructions from the
towns. Messrs. Tichenor, Chipman, and Nathaniel Niles again voted
against the bill. Immediately after this vote, on motion of Joseph Brad-
ley of Sunderland, Messrs. Isaac Tichenor of Bennington, Nathaniel
Chipman of Tinmouth, Samuel Knight of Brattleborough, William Terry
of Pomfret, and Beriah Loomis of Thetford, were appointed to report
another bill. This committee reported on the 14th. The bill was de-
bated on the 15th and 16th, and on the last day sent to the Governor
and Council, who concurred. The record of the final action of the
Assembly is as follows:
A bill, entitled, An act for settling disputes respecting landed property,
j Vermont Journal of Dec. 28 1784, and Vermont Gazette of Dec. 6 1784.
350 Appendix E.
being concurred with by Council, was again read, and the question being
put, Whether the said bill should pass into a law of this State? The
yeas and nays being required, they stand as follows, viz:
Yeas — Henry Walbridge of Bennington, Benjamin Gardner of Pow-
nal, Benjamin Baldwin and Abraham Underhill of Dorset, Daniel Culver
of Wells, Samuel Mattocks and Nathaniel Chipman of Tinmouth, Isaac
Clark and Noah Lee of Castleton, John Strong of Addison, Stephen R.
Bradley of Westminster, William Bullock of Guilford, Hubbell Wells of
Halifax, Samuel Knight of Brattleborough, Chipman Swift of Wilming-
ton, Oliver Lovell of Rockingham, Edward Aiken of Londonderry,
Briant Brown of Windsor, Daniel Heald and William Gilkey of Chester,
Roger Enos of Hartland, John Hawkins of Bridgewater, Stephen Tilden
and Joshua Hazen of Hartford, William Perry of Pomfret, Elisha Bur-
ton of Norwich, Silas Williams of Royalton, Michael Flynn of Bethel,
Nathaniel Niles of-Fairlee, Samuel Howe of Lunenburgh, Beriah Loomis
of Thetford, Asa Edgerton of Randolph, and Joshua Nutting of Corinth
—33. '
Nays — Martin Powell and Gideon Ormsby of Manchester, John Niles
of Pownal, Gideon Olin of Shaftsbury, Joseph Bradley of Sunderland,
David Sheldon of Rupert, Samuel Williams of Rutland, Darius Labdell
[Lobdell] and Edward Vail of Danby, Daniel Marsh and Abel Cooper
of Clarendon, Nathan Finney of Shrewsbury, Eleazer Harwood of Pitts-
ford, Jonathan Underwood and Benjamin Olds of Marlborough, Leonard
Spalding of Dummerston, Lucas Wilson and James Hale of Putney,
Joseph Tyler of Townsheud, Nathaniel Weston of Springfield, John
Weld of Reading, William Gallup of Hartland, Jesse Safford and Jabez
Cottle of Woodstock, Elijah Gates of Norwich, Aaron Barlow of Barnard,
Anthony Morse of Sharon, Ebeuezer White of Newbury, and Timothy
Blake of Strafford— 29.
Eighteen of the twenty-nine, who voted against this bill, were in favor
of the preceding one, and only seven members voted against both bills:
hence it appears that the Assembly was nearly unanimous in the opinion
that relief was necessary.
The bill proposed at the October session, 1784, was substantially the
first act of 1781, except as to the mode of finding the amount to be re-
covered of the legal owner, by the possessor, for improvements. The
first act permitted a recovery of '• so much money as shall be judged
equitable, on the whole view of the matter, in consideration of the
possessor having settled" on the land; whereas the bill of 1784 pre-
scribed, as the rule, " so much money as the present true value of the
farm or estate exceeds what was its real value (after deducting the
interest of such real value at six per cent, per annum) at the time when
such settlement was begun."2 The principal changes in this bill by the
1 There is no record of the time when Mr. Nutting took his seat, nor
of the town he represented. He did not attend the October session of
1784, but he was present and voted on the fifth day of the adjourned
session in June, 1785. Corinth was not represented in the October
session. Mr. Nutting represented that town in Oct. 1778, and probably
was elected specially for the June session in 1785.
8 Vermont Gazette, Dec. 6, 1784.
Appendix JEJ. 351
act of June 1785, were, that in the case of a possessor who entered on
the supposition that he had a title, the jury were to
" Assess the value of the lands as they were when the settlement was
begun by the possessor or possessors, and shall also assess the value of
such lands at the time of such assessment, as if the same were unculti-
vated, and shall allow to the possessor or possessors the one half of what
such lands have risen in value; and shall in addition thereto assess to
the possessor or possessors the just value of the improvements with the
buildings and other betterments made on such lands by the possessor
or possessors, or those under whom they hold. And if any doubt shall
arise respecting the quantity of such land to be estimated by the jury,
the court before whom the cause shad be tried are heieby directed and im-
powered to ascertain the same."1
In cases when the possessor had entered without any supposed title,
the rule was this:
"He, she, or they shall have a right to recover of the legal owner
thereof, the value of his, her, or their improvements, to be estimated in
manner as aforesaid, excepting that such possessor or possessors shall
have no allowance for the rise of the land, and that the reasonable profits
of such lands shall be deducted from the value of said improvements.''''2
' At the October session of 1785 remonstrances were presented from
the clerk or other officers of Clarendon, Dauby, Castleton, Hubbard ton,
Pittsford, Ira, and Marlborough, and instructions from Manchester to
its representative, all remonstrating against the act of June preceding,
for settling disputes respecting landed property, and l* praying that the
same may be repealed and another act doing more justice to the Ancient
Settlers might be passed." These were read in the Assembly and re-
ferred to a committee consisting of Messrs. Ormsby of Manchester,
Marsh of Clarendon, Wells of Halifax, Weld of Reading, and Loomis of
Thetford. On the 24th this committee made a report, which was not
entered on the journal; but Benjamin Wait of Windsor, Gideon Olin of
Shaftsbury, Daniel Marsh of Clarendon, Beriah Loomis of Thetford, and
Luke Knoulton of Newfane were instructed " to prepare a bill agree-
able thereto." Oct. 27, this committee "brought in said act as it was
inserted in a newspaper with some additions &c.,3 which was read, ac-
1 The amendments to the bill of Oct. 1784, which were incorporated
into the act of June 1785, were ascribed by Daniel Chipman to Na-
thaniel Chipman.— See post.
2 For act of June 1785, see Vermont Gazette of Aug. 8 1785. The ma-
terial amendments to these sections made in October following were as
to the lines above in Italic.
3 The editor has in vain examined the Vermont newspapers of that
day to find "this bill, and is of the opinion that a newspaper copy of the
act of June 1785 was used by the committee. The act of Oct. 1785 is a
copy of that of the preceding June with but two material amendments
in the sections referred to in the above note.
352 Appendix U.
cepted and sent for concurrence," and on the same day the Governor and
Council concurred. The act was as follows: ■
Third Betterment Act, October 1785.
AN ACT for settling disputes respecting landed property.
Whereas, many persons have purchased supposed titles to land within
this State, and have taken possession of such lands under such titles,
and made large improvements on the same; and who, having no legal
title to such lands, must, if the strict rules of the common law be attended
to, be turned off from their possessions, made at great expense.
Be it enacted, &e. that when any person or persons, in the actual
possession and improvement of lands to which he, she, or they, so in
possession, or those under whom they hold, had purchased a title, sup-
posing at the time of purchase, such title to be good in fee, and having,
in consequence of such purchase, entered and made improvements on
such lands, shall be prosecuted before any court by action of ejectment,
or any other real or possessory action, to final judgment, and judgment
shall be given against such person or persons in possession as aforesaid,
such person or persons as aforesaid, against whom judgment shall be
finally given as aforesaid, shall have right, by action, to recover of the
person or persons in whom the legal right shall be found by such judg-
ment, the value of the improvements and betterments made on such
lands by such possessor or possessors, or those under whom they hold:
and the manner of process shall be, that the recoveree or recoverees in
such action as aforesaid, shall, within forty-eight hours after judgment,
or during the sitting of said court, tile a declaration, in an action of the
case, against the recoveror or recoverors, for so much money as the
estate is made better as aforesaid, in the clerk's office of the court where
such judgment was obtained, which shall be deemed a sufficient notice
to the adverse party to appear and defend in such action on the case, at
the next session of said court, whether stated or adjourned; and the
court, on motion made, shall order the writ of seizin or possession to be
stayed until the last action aforesaid be determined; and the land recov-
ered by such judgment, shall be holden to respond the judgment (if
any there be in favor of the possessor or possessors) as fully as though
the same had been attached by mesne process; and if, on trial, it shall
be found necessary that a view be had of the premises, to ascertain how
much the estate is made better as aforesaid, the court, on motion made
by either party, may grant such view; and all the reasonable charges
arising by such view, shall be paid by the party moving for the same.
And be it further enacted, that the jury, in estimating the value of the
improvements, shall assess the value of the lands as they were when the
settlement was begun by the possessor or possessors; and shall also
assess the value of such lands at the time of such assessment, as if the
same were then uncultivated, and shall allow the possessor or possessors,
the one half of what such lands have arisen in value, and shall, in addi-
tion thereto, assess to the possessor or possessors, the just value of
making the improvements, with the buildings and other betterments
made on such lands by the possessor or possessors, or those under whom
they hold; and if anydoubt shall arise respecting the quantity of such
land to be estimated by the jury, it is hereby declared to be the duty of
such jury, to appraise the improvements and betterments on all the land
described in such action.
And be it further enacted, tbat when any person or persons who have
entered and made improvements on lands to which he, she, or they, had
no such supposed title as aforesaid, shall be prosecuted before any court,
Appendix E. 353
by action of ejectment, or other real or possessory action, and judgment
shall be finally given against such possessor or possessors, he, she, or
they, shall have a right to recover of the legal owner thereof, the value
of his, her, or their improvements, to be estimated in manner as afore-
said; excepting that such possessor or possessors shall have no allowance
for the rise of the land; and the same manner of process shall be had,
and the lands shall be holden to respond the judgment obtained by said
possessor or possessors, as is before provided in this act.
Provided always, and be it further enacted, that this act shall not extend
to any thing future, or to any person or persons, who have taken
possession of land to which they have no supposed title, after the first
day of October, 1780, or to any person or persons who have taken
possession of lands to which they have no legal title, after the first day
of July, 1785; and that no person who hath ousted the rightful owner,
or gotten possession of any improved estate by ouster, (otherwise than
by a legal process) shall take any advantage or benefit by this act.
Be it further enacted, that if the plaintiff in the action of the case afore-
said, shall recover judgment in such action, no execution shall be granted
in such case, until the expiration of six months after said judgment is
recovered, and the writ of seizin or possession, shall be further stayed
until the expiration of the said six months, unless the defendant in said
action of the case, satisfy said judgment, either to the plaintiff recovering
such judgment, or by paying the full sum of damages and cost so recov-
ered, into the hands of the clerk of said court, for the plaintiff's use; in
which case the clerk shall give a receipt for the sum so paid, and enter
such judgment satisfied, and a writ of seizin or possession shall immedi-
ately issue.
Be it further enacted, that the defendant, in the declaration filed for
damages as before mentioned in this act, shall not be allowed to demur to
said declaration after the second day of the sitting of the court in which
said action for damages is to be tried as aforesaid, and if judgment shall
be given on demurrer in favor of the defendant, the plaintiff, within
twenty-four hours after such judgment, or during the sitting of said
court, shall have full liberty to file another declaration for the purposes
intended by this act; and a trial shall be had in said action as soon as
may be, alter filing said last mentioned declaration; and the writ of
seizin or possession shall be stayed, and the land shall be holden to
respond the judgment as before is provided in this act.
Be it further enacted, that all actions commenced for the trial of the
title of lands, or declaration filed for damages as aforesaid, shall be taken
up in the same stage in which they were when the trial of them was
suspended by the General Assembly, in October, 1783, and be prosecuted
accordingly.
And be it further enacted, that where any prosecution has been com-
menced before the passing of this act, by action of ejectment, or other
real or possessory action, before any court, against any person in posses-
sion as is before mentioned in this act, and judgment has been rendered
in favor of the plaintiff, whether such judgment be final or not; or whether
writ of seizin or possession on such judgment has been issued or not;
and whether such possessor or possessors shall have been put out of said
possession or not; such writ of seizin or possession, if not executed, shall
be stayed for the term of six months from the passing this act; in which
time, such possessor shall have liberty (by paying to the plaintiff, in such
action of ejectment or writ of right, all his just costs in such action, and
giving him, or his attorney, twelve days notice in writing, when and
where he will file a declaration for the purposes intended by this act) to
file a declaration in an action of the case, with the clerk of the court in
24
354 Appendix Jfl.
which the plaintiff's action of ejectment, or other real or possessory
action, was first commenced, and shall have all the advantages intended
by this act.
Provided always, and it is hereby enacted, that this act shall not extend
to any person or persons settled on lands granted or sequestered for
public, pious, or charitable uses; nor to any person who has gotten the
possession of lands by virtue of any contract made between him and the
legal owner or owners thereof.
Provided also, and be it further enacted, that nothing in this act shall
be construed to deprive any person of his remedy at law against his
voucher.
Be it further enacted, that no writ of right, or other real action, no
action of ejectment, or other possessory action, of what name or nature
soever, shall be sued, prosecuted or maintained, for the recovery of any
lands, tenements, or hereditaments, where the cause of action has accrued
before the passing this act, unless such action be commenced within
three years next after the first day of July, in the present year of our
Lord one thousand seven hundred and eighty-five.
Remarks of Hon. Daniel Chipman on the Betterment Acts.1
When the government was organized in this state, and justice began
to be administered, it was soon found that a great portion of the settlers
had purchased defective titles. A long time had elapsed between the
granting of the lands by New Hampshire and the organization of gov-
ernment in this state, during the whole of which time there was no
office in which deeds could be recorded; and there was no place to which
the purchaser could resort to ascertain in whom was the legal title to
the lands, which he proposed to purchase. And in New England, pur-
chasers were not accustomed to receive the title deeds, so as to have in
their hands evidence of the title. Consequently it was soon found, that
a man so disposed, could sell lands as well without the expense of a pur-
chase as with. A number of swindlers took advantage of this state of
things, and made a business of selling lands without making a single
purchase. Simeon Sears was one of these primitive swindlers. The
following anecdote will show how notorious this mode of swindling had
become. The City Hall in Albany was but thirty miles from Benning-
ton, and some of the people of Bennington had been confined in it by
the authorities of New York. The City Hall, of course, became a hated
place, and an object of dread to the Green Mountain Boys, the more so
after the act of outlawry against Allen and others. It therefore became
a subject of conversation at all their meetings. At length they began
to devise ways and means for destroying it And at one of the meetings
a number of modes of effecting this were proposed, and among the rest
several modes of blowing it up. "No," said Ethan Allen, wishing to
direct their attention from that dreaded object, "the better way will be
to employ Sim Sears to sell the d — d thing."
A great portion of the people being thus exposed to eviction by those
who had the legal title, it could not be supposed that they would support
a government, by the operation of which they were to lose their farms,
rendered more dear to them by their long and doubtful struggle with
New York in their defence, and by the hardships and privations w7hich
they had suffered in bringing them into a state of cultivation; and it was
1 Life of Nathaniel Chipman, pp. 62-65.
Appendix IE. 355
absolutely necessary that some relief should be provided for them.
Governor Chittenden very early discovered this, and he was precisely the
man to devise the best mode of relief. He had a strong sense of equity, and
deeply sympathized with the unfortunate settlers. And what peculiarly
fitted him for this occasion was, that he knew nothing of the technical
niceties of the law. He therefore found nothing in the way, nothing to
prevent him from pursuing that course which was dictated by the prin-
ciples of natural justice. And as the settlers had made improvements
on their farms at great expense, thereby greatly enhancing the value, he
could not endure the gross injustice of permitting the legal owner, who
had stood aloof, to recover the land with the value thus enhanced by the
hard labor of the settlers. He therefore proposed a law, giving to the
settlers, in case of eviction, the full value of his improvements and thalf
the rise of the land.1 A bill to this eftect, had been introduced several
sessions before, but being opposed by almost all the lawyers in the State,
it was postponed to the October session of the Legislature, in 1784. The
law, they said, makes every man a trespasser who enters on the land of
another without license, and subject him to damages; instead of this, you
would compel the legal owner to pay him a bounty for his trespass.
The bill was taken up again at this session, when Nathaniel Chipman
was a member. But although there was a majority in favor of the prin-
ciples of the bill, giving to the settler a remedy for his " betterments "
against the legal owner, on a recovery in ejectment, yet they were not
able to agree on the details of the bill. No wonder, for it was a new
case. They could avail themselves of no precedent; they could resort
to no form. Not being able to pass the bill at this session, and feeling a
pressing necessity of passing it as soon as possible, the legislature had
an adjourned session at Norwich, in June, 1785, that they might have
time to mature and pass the bill, afterwards called the quieting act.
The bill was taken up at the adjourned session and referred to the com-
mittee, of which Nathaniel Chipman was a member.2 When the bill
X-Mr. Chipman was not accurate in this matter, having probably written
from memory many years after the event. The first act, 1781, left the
court to decide the amount equitably; and the next proposed act allowed
the increased value to be recovered, after having deducted six per cent,
per annum on the original value of the land. The limitation to " half the
rise of the land " first occurs in Judge Chipman's new bill, June, 1785.
In fact, the description above fits Judge Chipman's bill rather than the
Governor's.
2 Judge Chipman was not a member of the committee which reported
the bill in 1784, nor in June 1785 until the bill had been twice rejected
when he was one of the committee that reported the new bill which
passed at that session. One writer of that time said that act was " framed
altogether out of the three former;1' but another complained that it ma-
terially reduced the amount recoverable in many cases. This complaint
was well grounded, but the act probably was none the less just on that
account. The act of June 1785 was printed in the newspapers, and the
Assembly was censured by some for having passed it without submitting
it to the people; and this possibly was one reason for its re-enactment,
with amendments, in the October following.
356 Appendix E.
came into his hands, he revised it in such a manner, that it passed the
house by a decided majority. His stroug sense of justice, and his com-
prehensive and discriminating mind, enabled him as a legislator to adapt
the law to any new state of things with the same ease with which, in
the administration of justice, he applied the principles of law to new
cases when they occurred, in such manner as to do perfect justice be-
tween the parties. Thus a law was passed by the legislature of Vermont,
perfectly novel in its character, yet so clearly founded on the principles
of natural justice, that it has always been in great favor with the people
of this state, and several of our sister states, availing themselves of our
invention and our experience, have adopted the same system.
APPENDIX F.
VERMONT AT THE PERIOD OF SHAYS'S REBELLION—
1784 TO 1787.
In one particular the condition of Vermont at the close of the war of
the revolution was superior to that of any of the confederated states: it
had no state debt, having paid all its expenses in the war from the
avails of sequestered tory property and grants of land, supplemented by
a moderate issue of state notes which were honorably redeemed. * The
taxes for the support of government were therefore comparatively light,
and this fact, coupled with the high repute in which the soil was held,
induced a large access to the population immediately after the war,
which for a time added to the apparent prosperity of the state. There
was another reason for speedy settlement, which is found in the con-
ditions of the grants of a large number of towns, commencing with that
of Montpelier in 1780. These were, that each proprietor, his heirs or
assigns, should plant or cultivate five acres of land, and build an house
at least eighteen feet square on the floor, or have one family settled on
each right, within the term of three years next after the circumstances of
the war would admit of a settlement with safety, on the penalty of the for-
feiture of each respective right. The time began to run in 1783, and
hence from that time for the succeeding three years, settlements were
hastened as rapidly as possible, and doubtless in most instances the lands
were purchased on credit. Then followed at once the burdens of sur-
veying and allotting the land, the cutting of roads, subduing the wilder-
ness, and erecting places of abode. Necessarily most of the people in
all the new towns were burdened with debt and dependent upon the
productions of the soil to pay their debts. Their markets were distant,
and the cost of transportation great. The capital of the richest men was
mainly in land, very few being able to loan money at any rate of interest
however high, or on any security however good. Specie was rarely
seen, and the paper currency was for the most part of doubtful value.
It is evident therefore that creditors must have looked mainly to the
land and its products for pay, and that enforced collections would in
1 For a statement of the receipts of the State treasury for the years
1777 to 1786, see Vol. n, p. 64.
358 Appendix F.
numerous cases deprive the debtors of homes and means of support.
In these respects the people of Vermont suffered even more than those
of the older neighboring States, and it is not surprizing that many com-
plained, and some contemplated the same violent remedy that was at-
tempted in other states, but rather that the emergency was so wisely
met by the government and people of Vermont, and the attempts at
violence so promptly and thoroughly suppressed.
In Dec. 1783, a correspondent of the Vermont Journal complained bit-
terly of the act of Oct. 21 1783, which levied sundry taxes. The section
imposing a tax of ten shillings on each hundred acres of land in fifty-
two towns named in the act, was specially condemned, one of the grounds
being that the burden was heavier on sparsely settled towns than on
those more populous. It is obvious, however, that as this was a tax upon
the land, the burden must fall upon the owners, whether residents or
not; and the act was unequal only as the lands varied in value. An ap-
praisal would have been more just, but it was impracticable in unsettled
and unorganized towns. The land in the older towns had been taxed by
previous acts in the same way. Nevertheless this small tax was in
many cases burdensome, and so far was a cause of discontent.
The next public expression of discontent is found in the Vermont
Gazette of Jan. 31 1784, in an anonymous address, by " a poor Farmer,"
to the inhabitants of the county of Bennington. The burden of it is in
this extract:
More than one-half of the county tax that is to be raised in this county
is to pay the court for sitting. I want to know what reason, right or
justice there is that I and a number of other poor farmers, who owe
nothing, and have less due, and who never had, nor ever expect to have
any cause in that Court, should have to pay the cost of its sitting.
About the same time a number of the inhabitants of Wells, and towns
adjacent, met in convention at Wells and adopted resolutions for a re-
dress of grievances. These resolutions were not printed in either of
the newspapers published in Vermont at that time, and their character
is inferred from a Hudibrastic statement of them in the Vermont Gazette
of Feb. 28 and March 6 1784, and the Vermont Journal of March 24 1784.
The following brief extracts will suffice:
Whereas the Assembly of the State
Have dar'd audaciously of late,
With purpose vile, the constitution
To break or make a wicked use on,
By making laws, and raising taxes,
And viler still (so truth of fact is)
By keeping up that smooth tongu'd clan,
For ages curs'd by God and man,
Attornies, whose eternal gabble
Confounds the unexperienced rabble.
********
Then lawyers from the courts expell,
Appendix F. 359
Cancel our debts and all is well —
But should they finally neglect
To take the measures we direct,
Still fond of their own power and wisdom,
We'll find effectual means to twist 'em.
This was the key-note of the subsequent rebellion of Shays and his
followers in Massachusetts, and of many of the discontented in Vermont
and other states.
In March 1785, the first Council of Censors was elected, and it pro-
ceeded in June and September of that year, and in February 1786, to a
thorough scrutiny of the action of the state government, which resulted
in a recommendation of a revized constitution, and the repeal or amend-
ment of twenty-one acts of the General Assembly that were deemed to
be unconstitutional or objectionable. Feb. 14 1786, the Council adopted
an address to the freemen of the state, which was soon printed and dis-
tributed, and the severity of its censures added largely to the discontent
of the people, provoking discussion in the two newspapers of the state
and stirring up an active opposition to the government, aimed particu-
larly against Gov. Chittenden and Ira Allen.1 The last named published
an elaborate defence of himself in both newspapers.2 A reference to
this is deemed to be sufficient; but Gov. Chittenden was also forced to
appeal to the public in an address which, though brief, indicates the
sources of discontent, and some of the modes of relief that were sug-
gested. It was as follows:
An Address to the Freemen of Vermont— [by Gov. Chittenden.] 3
The distresses so much complained of in this State for want of a cir-
culating medium, is partly occasioned by the devastations & distresses
of the late .war. Being a frontier, disowned and unprotected by the
states in the union, and having no credit to enable us to borrow money,
we were necessitated to pay our proportion of the great expence of the
war as it arose, & while it has left on the United States a debt of 42,000,-
375 dollars, exclusive of their own respective state debts, we have but
a trifle to pay.
It appears that the State tax of the town of Stockbridge, in the county
of Berkshire, [Mass.,] for the present year, is £746 15 more than that
of the town of Bennington, which is near or quite as large as Stock-
bridge, £303 0 8 of which must be paid in hard money.
In the time of the war we were obliged to follow the example of
Joshua of old, who commanded the sun to stand still while he fought his
battle; we commanded our creditors to stand still while we fought our
enemies. Tho' we had no power to borrow money, we had power to
retain what we had, and improve it for the safety of the whole;* con-
1 For record and address of the first Council of Censors, see Slade's
State Papers, pp. 511-544.
2 See Vermont Gazette, July 24 to Sept. 4, and Vermont Journal of Aug.
14 to Sept. 1786.
3 Vermont Gazette of Aug. 28, and Vermont Journal of Sept. 4 1786.
* For this and many other acts of the like necessity and importance to the very existence of the
State, we are not only officially but severely censured.
360 Appendix F.
sequently some of our people were left in debt and behind hand, and
many were so harrassed and distressed by the war, that at the close of
it, they were destitute of a supply of provisions, though by the blessing
of heaven on their industry they have obtained a plenty now.
Another reason of our present distresses is, that since the close of the
war, in lieu of exerting ourselves to the uttermost, to raise flax and wool
and cloathe ourselves, we have purchased on credit too many articles of
the growth and manufactures of foreign countries, by which means we
have drained the State of nearly all the cash we had and a great part of
our cattle, meantime we have been paying the taxes of other States, ac-
cumulating new debts, and flinging ourselves into the hands of the traders,
lawyers and pettifoggers.
Law suits are become so numerous that there is hardly money sufficient
to pay for entering the actions, not to mention the debts or lawyers and
officers fees, yet as we have but few disputable causes, most of the time
of the court is taken up in hearing what the lawyers call shunage, to
avoid for the present, what is. so much dreaded, executions; and many
persons to prevent their estates being sold at vendue, are necessitated
to subject themselves to the extraordinary expence of two or three exe-
cutions for one debt before it can be settled. I have reason to believe,
that the expence of law suits for two years past, has been nearly equal
to that of any two years of the war, and for a remedy one cries a Tender
Act, another a bank of money, and others, kill the lawyers and deputy
sheriffs.
A remedy arising from either of these methods, without other exer-
tions, will be but temporary; it might afford some respit at present, but
would not remove the cause, and I know of no certain effectual method
that can be taken to afford substantial relief, but by prudence, industry
and oeconomy, and these must be encouraged by Government.
As this is an inland country, it is of course very expensive transporting
our produce to market from many parts of the State & when we arrive there
we must take and give their own price. It must therefore be for our
interest to raise & manufacture every article this country will produce,
and that may be in value nineteen-twentieths of our necessaries, and
purchase no more foreign goods than real necessity requires, until we
have more articles for export, than the value of what we want to purchase.
Then and not till then can we have specie for a circulating medium.
I agree with the hon. Council of "Censors in rejecting the present
mode of taxation; I view it neither just nor political; it is not only
unequal, but being laid on the necessaries of life tends to discourage
industry, while the idle and litigious are preying upon us with impunity.
I therefore most earnestly recommend it to you to consider whether it
would not be wise and greatly tend to encourage prudence, industry,
agriculture and manufacture to lay our taxes in future on lawsuits and
such commodities as are imported into this State, excepting only such
as are absolutely necessary, and that this State will not be apt to make
too free use of, and out of the avails of these taxes give a bounty for the
encouragement of raising sheep and flax, and where there are lands in
new townships, that are not settled in proper time, either tax them or
take the forfeiture.*
It may be said this, or something like it might have answered our pur-
pose had we set about it three or four years ago, and it may be of service
now and help us by degrees, but it will not afford present relief: some-
thing must be done to prevent paying so much cost. Interest we can
bear but the costs will ruin us. If we would sell our farms to pay our
debts, the distresses are so great in other states there are no purchasers.
I sincerely wish some method might be adopted to ease and quiet the
Appendix F. 361
people, without either a tender act or making [paper] money; but if
either must take place I prefer the latter for the following reasons; the
fact is there are many who have good interests in land that have not
wherewith to turn out to satisfy the demands on them, without distressing
their families, or even with, therefore would be obliged to ward off their
debts, as long as possible, and still continue to pay costs; it [this] would
prevent but few suits, and be attended with great loss in different ap-
praisals, driving cattle, &c.
If a small bank of money should be struck and loaned [by the State]
to those that would take it on interest, to be paid annually, on such se-
curity and for such term as the Assembly shall think proper, and make
it a tender on all debts on which a prosecution is or shall be commenced:
the interest of the money and the money arising from the tax above
mentioned, would pay the annual expences of government in times of
peace, and soon redeem the notes and orders that are out; it would pre-
vent four-fifths cf the law suits, and some part of the sheriffs, their
deputies, part of the constables, and all the pettifoggers might go to
work.
If a bank must be made let it be small, make no other law to support
its credit, let it solely depend on the foundation it is issued on, and the
virtue of the people, and if we follow the example of some of our neigh-
bouring states, all agree that it shall be good, it will be so; and if those
who by the scarcity of money have the advantage of others, and wish to
keep it, should be disposed to depreciate it they will be the greatest
sufferers.-
I am sensible that many objections may be raised against these
measures, or any other that can be proposed, but as I have some reason to
expect new measures will be urged at the next sitting of the assembly,
and as I view it to be of the greatest importance to the future peace and
happiness of the people, that they be well agreed in whatever measures
they may think proper to adopt, therefore I earnestly recommend it to you
to take these measures into your consideration, and give your represen-
tatives such instructions as you may think proper; by this means the
Assembly may have the benefit not only of the sentiment but of the
wisdom of the freemen at large, which may be of great service to enable
them to come to such determinations as shall be for the peace and hap-
piness of the whole.
You will also take into your consideration the matter of surveying
town lines, which appears to be so disagreeable to some part of the
people. I am not anxious as to the particular mode of ascertaining the
lines, or of paying the expence, but I view it of great importance to the
interest of the state that it be done so as to answer the purpose, as I am
well assured there are hundreds impatiently waiting that event to be-
come immediate setlers. I shall only refer you to the facts as stated
and published by the Surveyor General.1
Thomas Chittenden.
Meeting of Malcontents of Rutland County.2
We hear from Kutland, that on the 15th of August at the sitting of
the supreme court at that place, there assembled nearly 200 gentlemen
^his reference is to Ira Allen's address, which was then passing
through the press.
From the Vermont Gazette Extraordinary of Aug. 31, 1786.
362 Appendix F.
farmers who were not directly touched nor infringed upon by those pick-
pockets (which banditti is known by the name of Attornies.)
On said day there was a representation of ten towns in that county,
manifesting a spirited resentment: that so many of the good subjects of
this State were harrassed and confused, and put to extreme cost by those
unhappy members of society.
The business of the day was performed with order and regularity, and
nothing of a riotous or unlawful nature took place (saving the outcry
murder by a quack whose staff fail'd him.) For which they gained the
thanks of the Honorable Court.
The County Convention in and for the county of Rutland is to be
holden at Mr. Gilmore's in Middletown, on Tuesday the 26th of Septem-
ber next.
Rutland County, August 19.
[P. S.] Take notice how you impose upon those who have passed thro'
the wilderness, and endured fire, famine and the sword towards obtaining
their own rights, and the liberties of mankind.
The newspapers of Vermont at that day contain no notice of the pro-
posed convention at Middletown; but it is probable that there was a
meeting, and a determination by it to appeal to the Legislature by pe-
tition for a redress of grievances, as this was soon afterward done by the
freemen of eight towns respectively, in town meeting convened.
Action of the General Assembly, Oct. 1786.
From the Assembly Journal of Oct. 18 1786:
A petition Signed Edward Yail moderator and Thomas Tolman1 town
•clerk, of Danby, one other Signed Lemuel Chipman moderator of Pawlet,
one from Pittsford, one from Tinmouth, one from Manchester, one from
Rutland, one from Castleton, one from Clarendon and one from Walling-
ford with instructions from Pownall to their representative were severally
read and referred to Messrs- Dewey, Brownson, Stevens, [Dr. Lemuel]
Chipman, Hall, Thompson, Cook, Knoulton, Brigham, Emmons, Morey
and Harvey.2
Eight of these papers set forth the grievances of the petitioners, and
the purport of each is found substantially in the following copy of one
of the eight:
To the Honourable the General Assembly to be holden in Rutland on
the second thursday of Octobr Next —
The pertition of the Township of Pittsford County of Rutland humbly
sheweth that whereas a number of the good people ot this State have
by the present mode of administration suffered much in their property
by what apears to the Inhabitance of this Town (viz.) their apears to be
needless Coast both by the present latitude granted to atornies at law
sheriffs deputies and unnessary Cost to plaintiffs in suits for travil &
attendance — and also by the maney abatements of writs nonsuits apeals
and the Consequents delay of Justice therefrom arising and the law at
present altering the nature of the Contract made by Contracting parties
by Obloigeing the debter where a suit is entered in law to pay the
xAn error: the signature on the petition is uEbenr- Tolman, Clerk."
2 Messrs. Murdock, Porter, and Bayley were joined from the Council.
Appendix F. 363
Creditors Cost for the sura in demand as the contracts were for produce
or other property — and likewise by the present very unequal mode of
taxation. Your perticioners therefore pray —
first that no plaintiff be allowed aney Cost in aney Civil action in aney
Court for his or her or their travil or Court atentance by him her or
themselves or atornies under aney pretence whatever and that Every
person or persons in this State may have liberty to prosecute their
actions in all civil Causes by themselves or aney such person as he or
they shall Chose or orthorise by a power of an atorney for the purpose.
Secondly that all writs and Executions granted by aney authority in
this state be sewed and returned by the Constable where the defend-
dwells Excepting writs in Criminal actions ani those returnable to the
County and superior Corts may be served and returned by the sheriff or
aney Constable within the County— and that the service and return of
all writs paid for from the place of servace to the place of return and no
further and that the sheriff be not alowed aney deputy in serving writs
issued in civil actions.
31y that Justises Courts of Equity who with a Jury if requested by
Either of the parties in the suit may try all Causes where the demands
of the plaintiff doth not Exceed ten pounds if the account be liquedated
or the demand is by note or bond, if not liquedated the sum of six
pounds only and the Judgments of such Courts to be final and dessisive
without apeal or revew to Either of the parties — and that the form of
precepts for such Courts to be worded in an act for that purpose in such
a manner their shall be no abatement of aney writ in aney such Court
and if Either of the parties in such suits neglect or refuse to bring in
their whole account and demands to be adjusted and fineally settled by
such Courts the person so neglecting or refuseing may be forever fore-
closd the benefit of Collecting by law any such account.
41y that in all Civil actions where it apears that the Contracting par-
ties did at the time of Contract agree to pay and receive for the property
bought and sold spece produce or other property for payment Either by
bond note or Evedance of their agreement such species produce or other
property and as Contracted for may be a tenderry for the payment of
such debts or dues Either at the time agreed to for payment or at aney
time after the Commencement of a suit for such debts at the aprisal of
men and all book debts where the plaintiff Cannot prove he was to have
Money for such debts may be satisfied with beaf pork butter Cheese
wooll flax grane or Neat Cattle at the aprisal of men.
51y and that the Expence of goverment which at present is laid on
articuls of necessity in a very uneaqual manner by which the burden
of the State Expence is laid on the midling farmer and labouring
poor man may hereafter be paid by owners of property in proportion to
the true value of the property protected Excepting of necessity such as
Sheep wooll flax and one Cow to Each famley all year old Cattle and
such things as may incourage agricultar arts and Ciences and manua-
factries with an intire Exemption of the poles of minors.
6thly That the act Intitled an Act Appointing and regulateing At-
tornies be appeald.
as your Pertitsioners in Duty Bound Shall Ever pray.
Voted in Town meeting at Pittsford this 11th Day of October 1786.
Attest 1Jenja Coolley T. Clerk. x
x Vt. ms. State Papers, Vol. 17, p. 209. For the petition of Eutland,
see same volume, p. 169; of Tinmouth, p. 182; of Danby, p. 191; of
Castleton, p. 194; of Pawlet, p. 199; of Wallingford, p. 206; and of
Manchester, p. 208.
364 Appendix F.
In response, two acts were passed: one making all such articles a ten-
der upon execution to the inhabitants of other states as were a tender in
their respective states; and the other, compelling creditors to receive
specified articles in payment after the time limited in the contract.1 Fur-
ther to appease discontent, four propositions were submitted to the
people, to be accepted or rejected by them by yeas and nays, which were
to be taken on the first Tuesday in January, 1787; and the General As-
sembly adjourned to the 15th of the succeeding February, to receive and
act upon the votes of the people. Of the spirit and temper prevailing
in the legislature in October, 1786, Daniel Chipman gave the following
account.
In the year 1786, the embarrassments and sufferings of the people,
which have been adverted to, had increased and their passions had be-
come more and more inflamed, until open resistance to the execution of
the laws was apprehended. And when the legislature convened in
Rutland in October, it appeared that the passions, prejudices and turbu-
lence of the people were fully represented in the numerous house of
representatives. Unfortunately, the constitution had provided no check
upon that house, and, as was foreseen, it proved a stormy session. They
passed, what was afterwards called, a specific tender act, obliging the
creditor to receive on execution, at their appraised value, such articles
of personal property as the debtor had contracted to pay-2 But this was
not satisfactory to those who were as destitute of such articles of prop-
erty as they were of money. Some were clamorous for a general tender
act, obliging the creditor to receive on execution any articles of personal
property which should be tendered by the debtor. Others strenuously
insisted" on a bank of paper money, and there was great reason to fear
that one or both these measures would be adopted by the legislature.
Nathaniel Chipman, who was in Rutland at the time, and who had wit-
nessed the temper of the legislature, became alarmed, being fully satis-
fied that the measures proposed, if adopted, must greatly increase and
prolong the sufferings of the people. Being extremely anxious to devise
some means by which these evils might be averted, he requested the
following members of the legislature to meet at his room the next eve-
ning to hold a consultation on the subject, namely, Gideon Olin, of
Shaftsbury, Elijah Dewey, of Bennington, Lemuel Chipman, of Pawlet,
and Thomas Johnson, of Newbury. The first question which occurred,
after they came together, was, Are there any other members of the
legislature who can be trusted, and safely admitted to join in our de-
liberations? Several members were named, but not one, who in the
opinion of those present, could be safely admitted. They were, there-
fore, compelled tp rely on their own influence to carry such measures as
they should devise. They then took a view of the whole ground; the
grievances of the people, both real and imaginary, their inflamed passions
and the turbulent spirit of a great portion of them, the violence of the
legislature, and the destructive nature of the measures which were pro-
posed, and the probability of their adoption, unless they could be
postponed. They unanimously agreed that the popular current was too
strong to be resisted; that should they attempt to do this they would be
swept along with it, and only add to its momentum, and render it more
*For these acts, see Slades's State Papers, pp. 504 and 508.
3 See ante, pp. 115, 116.
Appendix F. 365
destructive; and that they could therefore do nothing to any good pur-
pose, unless they could devise some means by which the proposed measures
might be postponed until the passions of the people should have time to
cool. Having this view of the suoject, they drew up the resolution and
preamble, as stated in Thompson's Civil History of Vermont, page 79.
The next day the resolution was introduced, and in support of it it was
observed, that the sufferings of the people had become so severe, that
some relief was absolutely necessary; and the great and important ques-
tion was, what is the best mode of granting relief? Of this the people
themselves are the most competent judges— it ought, therefore, to be
submitted to their decision.
Some of the priucipal supporters of the measures before the legisla-
ture perceived the design of those who supported the resolution, that
their sole object was to delay and finally defeat their favorite measures.
But those who supported the resolution, having the democratic side of
the question, prevailed; the resolution passed, and the whole subject
was postponed until the next session. I perceive here this singular
coincidence. The above-named resolution passed on the 31st day of
October, and on the same day a mob assembled at Windsor to stop the
sitting of the county court.
The preamble and resolutions, referred to by Mr. Chipman, were not
entered on the journal of the Assembly, probably for fhe reason that
they had been printed for the information of the people before the
proceedings of the session were entered on the journal. They are as
follows:
STATE OF VEKMONT.
General Assembly, Eutland, October 31st, 1786.
Whereas this assembly, having a sincere desire to gratify the wishes
of the freemen of this State where they consistently can, and more
especially in matters of importance; and also having regard to the prin-
ciples of justice and the constitution, and considering the present ex-
treme scarcity of money, have in this session passed an act obliging
creditors to accept of the produce, wares and manufactures by them
contracted for, after the times limited in lieu of money — which this
assembly consider to be more satisfactory to the wishes of the people,
and agreeable to the standard of unerring rectitude than altering the
voluntary contracts made by parties, and obliging persons to accept of a
fluctuating paper currency or other articles of less value than was origin-
ally agreed on:1 And it being suggested by some persons that the free-
men at large would prefer the emission of a paper currency, or an ex-
tension of the present act, commonly called the tender act, down to the
present time, or a general tender act, to the said act now passed; to the
end therefore, that the sense of the freemen may be properly and im-
partially known,
Kesolved, That the first constable of each incorporated town in this
state, be and is hereby directed personally to warn all the freemen in
his town, at least six days before the first Tuesday in January next, to
meet at the usual place of holding freemen's meetings, at ten o'clock in
the forenoon, then and there to express their sense of the expediency of
emitting a small bank of paper money, on loan or otherwise, or bring-
1 Another act of this session was important for the relief it gave to
grantees. It prolonged the time for settlement for three years after the
lines of the towns had been run.
366 Appendix F.
ing the present Tender Act to the end of the next session of assembly:
And also upon the expediency of making any further, and what laws
upon the subject. And that the said constable take the YEAS and
NAYS upon each question, relating to the premises, which the freemen
shall then think proper to take under their consideration, and them to
transmit sealed to the speaker of the general assembly, at the opening
of the next adjourned session thereof. And further,
Resolved, That where there is no constable in a town or he shall be
unable to attend said business, the selectmen of such town transact the
business enjoined herein upon the constable; Also
Resolved, That the preceding resolutions be published, in both of the
newspapers of this state, and that a competent number be printed in
hand-bills, and sent forthwith to the several sheriffs, who are hereby
directed to deliver one copy thereof to the first constable or Selectmen
of each incorporated town in their respective counties.
Extract from the Journals, R. Hopkins, Clerk. l
Attempted Insurrection in Windsor and Rutland Counties.
The Windsor paper of November 6, [1786,] mentions, that on the
Tuesday, before, being the day assigned by law for the sitting of the court
of Common Pleas, for that county, in that town, a Mob, about thirty,
under arms, headed by Benjamin Stebbins [farmer, of Barnard,] and
Robert Morrison, [blacksmith, of Hartland,] assembled, supposed with a
design to stop the Court. The Sheriff [Benjamin Wait,] and State's At-
torney, [Stephen Jacobs,] waited on them, ordered them to disperse, and
read the riot act, &c. The insurgents rinding their views bailed, dis-
persed, and the court proceeded to business without molestation.
The same paper of the 20th instant [Nov. 1786] mentions, that at their
late session [Nov. 14 1786] of the Superior Court Robert Morrison was
taken for a riot.2 He plead guilty and threw himself on the mercy of
the court, who sentenced him to suffer one month's imprisonment, pro-
cure bonds of one hundred pounds for his good behaviour for two years,
pay a fine of ten pounds and costs of suit. The mob hearing of the
matter, sent to their friends & assembled at the house of Captain Lull,
in Hartland, to the number of 30 or 40 under arms, intending a rescue.
The court being informed of this, ordered the Sheriff to collect assistance,
proceed to the place and conduct the insurgents to prison, which, after a
short scuffle with bayonets, the breeches of guns, clubs, &c, was happily
effected without the loss of a life.3 Twenty-seven of the insurgents were
taken and bro't to goal, most of whom plead guilty and were sentenced
to pay fines, costs of court, and procure bonds for their good behaviour
for one year.
On hearing of other hostile movements, the millitia were called for and
turned out in such numbers, that the insurgents did not think proper to
make their appearance.4
1 Vermont Gazette of Nov. 13, and Vermont Journal of Nov. 20, 1786.
2 Present Paul Spooner, chief judge, Nathaniel Niles, Nathaniel Chip-
man, and Luke Knoulton.
3Sheriff Waite and State's attorney Jacobs were both wounded, but not
severely.
4 Vermont Gazette of Nov. 27 1786. For other details in this affair, see
B. H. Hall's Eastern Vermont, pp. 548-551.
Appendix F. 367
Bennington, Nov. 27 [1786.]
Copy of a letter to the Printers, dated RUTLAND, Nov. 23.
On Tuesday the 21st instant, the honorable county court for the county
of Rutland, met according to law. At the same time there appeared a
considerable number of people about the court-house, some of whom
were armed with bludgeons &c. The court was opened at 11 o'clock A.
M. and adjourned to 2 o'clock P. M. Soon after the adjournment, sev-
eral persons, who called themselves a committee from the people, waited
on the judges of the court, with a petition requesting them to adjourn
without day. The committee were informed that after calling the docket,
and attending to the necessary business of the day, their request should
be taken under consideration. No sooner was the court opened in the af-
ternoon, than a certain Col. Lee, [Col. Thomas, of Rutland,] who not long
since, had discharged himself from prison, by being admitted to the poor
man's oath, followed by about an hundred malcontents, rushed into the
court-house, and, in a most insolent and riotous manner, began to har-
rangue and threaten the court, for not adjourning agreeably to the
request of their committee. The court ordered the sheriff to adjourn
'till the next day at 9 o'clock in the morning, which was done : The mob
then refused to let the court depart from I he court-house; called for arms,
which were immediately brought them from a neighbouring house,
where it seems they were lodged for the occasion : centries were placed
at the doors and around the house, and the sheriff, judges and a number
of gentlemen attending the court, were made prisoners, and kept in
close confinement for about two hours. The mob, finding the judges not
easy to be intimidated, then suffered them to depart. The committee
again waited on the judges at their lodgings, and renewed their request,
and received for answer that it could not be complied with ; that not
only their oath and duty, but the honor and dignity of government,
obliged them to proceed to the necessaiy business of the court,' This
answer, through the insinuations of designing men, so irritated the rioters,
that they resolved, at all hazards, to prevent the sitting of the court the
'The reply of the court was as follows :
Rutland, Nov. 21, 1786.
The Judges of the county court, in and for the county of Rutland,
having taken under their consideration, the petition of a number of the
inhabitants of said county, in which it is requested that this court ad-
journ without doing any business, the, court find on examination of the
docket, that a large number of causes are in suit, in which the plaintiffs
and defendants are mutually agreed to come to a decisive trial this ses-
sion, and some other matters of such importance, to the peace, dignity
and interest, of the good people of this county, are depending, that the
court cannot, agreeable to the tenor of their oaths and commissions, and
the general good of this county, comply with the aforesaid requisition;
notwithstanding, this court would not wish to try any causes at this
term, but such as, in the opinion of the. court, are necessary to preserve
the peace, happiness and dignity of this county in particular, and the
constitution and state of Vermont in general.— Vermont Gazette of Dec.
11 1786.
The court consisted of judges Increase Moseley of Clarendon, Samuel
Mattocks and Ebenezer Marvin of Tinmouth, and William Ward of
Poultney; clerk. Rev. Obadiah Noble of Tinmouth; state's attorney,
Darius Chipman of Rutland; and sheriff, Jonathan Bell of Rutland.
The answer of the court was of course given by its chief, Judge Moseley
368 Appendix F.
next day. With an armed force they took possession of the court-house,
sent dispatches for a reinforcement of their party, &c. In the mean-
time orders were sent to Col. [Isaac] Clark and [Stephen] Pearl, and
Lieutenant Colonel [John] Spaftbrd, hy the sheriff, to raise the militia of
the county without loss of time, to come to his assistance in support of
government, with three days provision.
These orders were given about 8 or 9 o'clock in the evening, and were
executed with such dispatch, that by nine o'clock the next morning, Col.
Clark and Pearl appeared with sufficient force to protect the court from
any further insult.1 The militia continually coming from every quarter,
the mob thought best to leave the court-house early in the morning, but
continued on the ground, to the number of about 150, all day; but made
no attempt to stop the court. Just at evening, seven or eight of their
leaders were taken and committed to goal; Lee, however, had made his
escape. Captain [Benjamin] Cooley of Pittsford, who commanded about
30 or 40 of the insurgents, had retired to a house [Roswell Post's,] about
a mile distant from the court-house. Capt. [Noah] Lee of the horse
and Lieutenant James Sawyer, a volunteer, were sent with a party of
sixteen men, to take and secure them. The insurgents finding them-
selves in danger, made considerable resistance; several guns*were dis-
charged on both sides. .But the affair was conducted with so much
prudence and firmness on the part of government, that the whole of
Capt. Cooley's party, except 2 or 3, who made their escape at a window,
were made prisoners. One man only, on the part of government, re-
ceived a slight wound; one of the mob had had his arm broke in at-
tempting to escape.2 Several stragglers have since been taken up. The
court are now on their trial. Most of the mob were boys, and men of
low character, wh omost probably have been misguided by the base in-
sinuations of a few pestilent demagogues.3
Both officers and soldiers on this occasion behaved with the greatest
prudence, firmness and determination, which reflects the highest honor
on themselves, and merits the warmest thanks of all honest men.4
The foregoing account covers substantially the events of the 21st and
22d of November. From a detailed account of succeeding events in
Caverly's History of Pittsford the following is gathered. On the 23d,
1 In Hollister's History of Pawlet, pp. 220 and 221, it is stated that Col.
Pearl " was in command to suppress the ' Rebellion' at Rutland in 1786;"
and that to the requisition for troops, " Pawlet, though farthest off, was
the first to respond, her quota of troops being first at the rendezvous."
Col. Clark seems, however, to have been the senior officer in command.
2 Nehemiah Hopkins, Jr., of Pittsford, a member of the mob, received
a shot which shattered his right arm from the elbow to the wrist.
Amputation was successfully performed the following day by Drs. Eze-
kiel Porter and Daniel Reed of Rutland. — Doct. Caverly's History of
Pittsford, p. 252.
3 Doct. Caverly names six persons from among the most valuable men
of Pittsford who were engaged in this affair, and suggests that they
were sufferers in the hardships of that day, and misled, for lack of
proper information, by another prominent man of thejgtown— Jonathan
Fassett; of whom more anon. — See History of Pittsford, pp. 257, 258.
'Vermont Gazette of Nov. 27 1786.
Appendix F. 369
Jonathan sFassett, Ebenezer Drury, Dan Barnard, Reuben Allen, Jona-
than Swift, Simeon Tupper, Jonathan Rowley, Benjamin Cooley, all of
Pittsford, ^Gideon Horton, Nathan Daniels, of Brandon, and William
Roberts, Benjamin Whipple and Silas Mead, of Rutland, were arraigned
before the court on an information filed by the state's attorney, and all
but Rowley and Horton were tried, convicted, and sentenced to fines of
from £25 to £6 each, to pay costs £12 6 each, and to give bonds for
good behavior^-in sums from £150 to £50 each. The highest fine and
bond were exacted of Jonathan Fassett, thus marking him as a leading
man in the affair. The delinquents declared themselves dissatisfied with
the judgment and were permitted to enter an appeal to the then next
session of the Superior Court.
The rebellion^being considered effectually crushed, on Saturday after-
noon [25th] the militia were assembled, and after being addressed by
Col. Clark were discharged. But it was so near dark that they remained
over night, and on Sabbath morning started for home. As the militia,
returning westward, arrived at Pine Hill, they were informed that some
two hundred malcontents were assembled at Col. James Mead's, west
of Otter Creek. On the reception of this intelligence the Court issued
orders for the immediate recall of the militia and for reinforcements
from other parts of the county. Col. Pearl, who had gone southward, im-
mediately returned with the militia under his command, and receiving
large reinforcements from the west, halted at Blauchard's Corners in
West Rutland, while the militia from the east proceeded to Center Rut-
land and, placing a strong guard at Otter Creek bridge, halted there
during the day, thus placing the insurgents in a very unenviable position
between two formidable forces. During the latter part of the preced-
ing week, some of the most active in instigating the rebellion, had
traversed the neighboring towns, falsely charging the Court with dealing
fraudulently with the Regulators, and with treating the prisoners with
the most outrageous cruelty. The result of these charges was that even
the most candid and conservative portion of the people were aroused to
the highest state of indignation. Acting from the impulse of feeling
created by what they were made to believe were the acts of an unjust
and tyrannical Court, the assemblage at Col. Mead's had convened to
inaugurate active measures for redressing their wrongs. Sunday was
improved by several friends of law and order, in efforts to convince the
malcontents that many of the evils of which they complained did not
exist ; that for such as did exist, the Court was in no way responsible ;
that the prisoners had been kindly treated ; and that the Court and the
government had a common interest iii doing all in their power to relieve
the sufferings of the people. They were told that they had been misin-
formed, that they had been imposed upon by a few artful and designing
men, and that the course they were pursuing, if persisted in, must inev-
itably result in bloodshed and ruin. These efforts were attended with
gratifying success ; the Regulators were convinced that they had been
made the dupes of a gross imposition ; and as candid and honest men
they not only abandoned the object of their enterprise, but even joined
the militia under Col. Clark in defence of the Court and the laws. • Mon-
day morning, all being again quiet, and no further use for the militia
being anticipated, they received the thanks of the Court and were dis-
missed.1
^Caverly's History of Pittsford, pp. 255, 256.
25
370 Appendix 1?.
Action of the General Assembly of Vermont on the attempted Rebellion, dec.
In General Assembly: Feb. 19 1787.— On motion made by Mr-
[Col. Gideon] Brownson seconded by Mr- [Capt. Elijah] Dewey that
Jonathan Fasset Esqr- may be suspended from taking his seat in this
House until to-morrow morning in order that they may bring in and
support a complaint or impeachment against him for aiding and assist-
ing the mob which assembled at Rutland in November last with inten-
tion to stop the County Court from sitting in that place— thereupon Or-
dered that M> Fasset be suspended from taking his seat in this House
until the opening of the House tomorrow morning accordingly.
A petition signed by Thomas Sawyer for the people dated Feb?- 1st-
1787 praying that the rioters taken at Rutland in November last might
be discharged from their bonds and fines and that a compensation might
be allowed to Nehemiah Hopkins [Jr.] for the wound he received while
under the command of Capt. Cooley &c. was read and refered to a Com-
mittee of three to join a Committee from the Council to take the same
under consideration state facts and make report — the members chosen
Mr Goodrich, Mr B. Burt, and Mr- Cook.1
Feb. 20. — The following complaint was read in its order viz.
uTo the Honble Gen1- Assembly now sitting —
" Gideon Brownson Esqr- complaining saith that Jonathan Fassett,
Esqr- of Pittsford in the County of Rutland & representative to this As-
sembly for said town of Pittsford for the present year, hath, during and
since the session of this Assembly in October last by seditious speeches
misrepresenting the proceedings of this Assembly at their said session
among the good people of this State endeavoured to influence the minds
of the citizens of this State against the proceedings of this Assembly at
their said session — and did excite them to mutiny and riot & sedition
against the Laws & Government of this State, and did on the third
Tuesday of November last excite encourage aid and abet a large number
of the Inhabitants of Rutland County then notoriously and seditiously
assembled at said Rutland to oppose the sitting of the County Court for
the County of Rutland then and there to be holden according to Law —
all which conduct of Jonathan Fasset is contrary to & in violation of
a duty & obligation of a member of this House. — Your complainant
therefore moves that enquiry may be had into the conduct of the said
Jonathan & he dealt with according to the rules & regulations of this
House. (Signed) G. Brownson."
The question being put to Mr Fasset whether he plead guilty or not
guilty to said complaint — he answered not guilty — And on motion made
& agreed to by Mr Fasset— Ordered that Wednesday morning of next
week at the opening of the House be assigned to take said complaint
under consideration and that Mr- Fasset be suspended until that time
from taking his seat in this House— And that the states attorney for the
County of Rutland be requested to bring forward the evidence to sup-
port said complaint.
Feb. 21. — Resolved that a Committee of six be appointed to receive
sort & count the yeas & nays of the freemen for paper money, tender
1 Messrs. Bayley and Saftord were joined from the Council. Cooley
commanded the Pittsford section of the mob, aud Hopkins was wounded
at the time this party was captured by the state militia. Subsequently,
Capt. Cooley put himself and party into the service of the State under
Col. Clark, and doubtless this fact was plead in support of the petition.
Appendix*]?.
371
acts &c. and make report— members chosen Mr- Goodrich, Judge Ward,
Mr Butterfield, Mr- B. Burt, Mr- Parkhurst & Mr- Bliss.
Feb. 22. — The Committee appointed to receive sort and count the
votes on the several questions relative to paper money &c. made their
report which was read and not accepted, and
Ordered that the Clerk of this Assembly be directed to sort and count
the same and make report tomorrow morning. ^
Feb. 23. — Agreeable to order the Clerk made the following report or
stating on the several questions relative to paper money, tender acts &c,
which was read in its order viz. —
It is deemed unnecessary to give the results in the several towns
[sixty-eight] which voted, The Clerk's footings by Counties were as
follows:
S
v&
s^,
i S
&
si
&>
e o
<o
Counties.
1
1
6!
II
II
-1
fti
to
Kq
&H
g-w *>
S
•^
Yeas. Navs.
Yeas. Na1 s.
Yeas. Nays.
Yeas. Nays.
Yeas. Nays.
Yeas.
Yeas.
Bennington
150 446
36 327
— —
54 29
35 3
Rutland
75 524
18 254
108 150
231 95
46
Windham
119 498
16 82
87 166
205 44
29 21
104
21
Windsor
20 558
36 70
208 243
256 58
45 20
45
Orange
69 76
11 40
52 26
69 3
Addison
17 65
11 8
24 6,
20 -
21 —
—
3
Total
456 2197
128 781
419 591
835 229
129 44
195
24
Feb. 28.— Agreeable to order the House took under consideration the
complaint of Col0- Brownson against Jonathan Fasset Esqr- which was
read & Mr- Fasset not appearing, the evidence in support of the com-
plaint being heard — the question was put whether said complaint is sup-
ported and that Jonathan Fasset Esqr- be expelled from his seat as a
member of this House — the yeas & nays on the question was required
by Mr- Freeman. They stand as follows viz. 2
Yeas — Elijah Dewey of Bennington, Silas Goodrich of Manchester,
Benjamin Gardner of Pjwnal, Gideon Olin of Shaftsbury, Oliver Smith
of Stamford, Nathan Canfield of Arlington, Gideon Brownson of Sun-
derland, John Gray of Dorset, David Sheldon of Rupert, Joseph Bristol
of Sandgate, John Stevens of Rutland, Lemuel Chipman of Pawlet,
John Burt of Danby, Ebenezer Marvin of Tinmouth, Joseph Randall
ofWallingford, Abel Merriman of Wells, Daniel Marsh of Clarendon,
William Ward of Poultney, Brewster Higley of Castleton, Ichabod Rob-
inson of Shrewsbury, Asahel Smith of Benson, John Mott of Brandon,
Cephas Carpenter of Ira, Ebenezer Wilson of Orwell,3 Benjamin Burt
1 Probably the committee did not make a detailed report of the several
votes by towns and counties, as was done by the Clerk.
2 The Assembly journal does not contain a roll of the members for
Oct. 1786 to Oct. 1787, and it is therefore deemed best to give the names
and residence of those voting on this occasion. This has been done
from a roll printed in the Vermont Gazette of Nov. 20 1786, supplemented
by the names in the Assembly journal of a few members who did not
take their seats until February 1787.
8 Took his seat Feb. 15 1787.
372 Appendix F.
of Westminster, Phineas Freeman of Marlborough, John Bridgeman of
Hinsdale [Vernon,] Joseph Clark of Brattleborough, Leonard Spalding
of Dummerston, Daniel Jewett of Putney, Samuel Taylor of Rocking-
ham, Hubbell Wells of Halifax, Peter Briggs of Guilford, James Koberts
of Whitingham, Jesse Cook of Wilmington, Edward Aiken of London-
derry, Aaron Hudson of Wardsborough, Ebenezer Burgess of Thomlin-
son [Grafton,] William Ward of Newfane,1 Briant Brown of Windsor,
Abner Bisbee of Springfield, Joseph Huobard of Weathersfield, Dan
Davison of Hartland, Paul Brigham of Norwich, Daniel Heald of Chester,
Benjamin Emmons of Woodstock, John Weld of Reading, Abida Smith
of Pomfret, Beriah Green of Barnard, John Coffeen of Cavendish, Calvin
Parkhurst of Royalton, Mr. Bliss,2 Eleazer Rosbrook of Lunenburgh,
James Steele of Randolph, Timothy Bartholomew of Thetford, Hiland
Hall of Cornwall, Phineas Brown of New Haven, Peter Ferris of Panton,
Samuel Lane of Burlington, Thomas P. Lloyd of Missisko Tongue [Al-
burgh,] Jedediah Lane of Jericho, Jonathan Pierce of Brookfield,
Thomas Butterfield of Colchester,3 and James Carpenter of 8haron. —
[64.]
Nays — none.
So it passed unanimously in the affirmative.4
March 1, state's attorney Darius Chipman reported the costs of the
investigation to be £9 10 7, which the treasurer was authorized to pay
and the attorney was directed to collect the same amount from Fassett.5
The man who of all others* did most to promote a spirit of discontent
and rebellion in Pittsford was, undoubtedly, Jonathan Fassett. He was
one of the early settlers, a large land-holder, quite loquacious, took a
prominent part in the transaction of the public business, and, up to this
time, appears to have had the confidence of his townsmen, by reason of
which he had three times represented them in the General Assembly of
the State, and had but recently been elected for a fourth term. He had
also held the offices of Justice of the Peace and County Judge. It is
'Took his seat Feb. 15 1787, in place of Luke Knoulton.
2Peletiah Bliss of Mooretown [Bradford,] and Samuel Bliss of Strafford
were both members. Of course it is impossible to determine which one
of the two voted.
3Took his seat Feb. 20 1787.
4The members absent, or not voting, were Jonathan Brewster of Mid-
dletown, Matthew Lyon of Fairhaven, David Hecock of Hubbardton,
Jonathan Fassett of Pittsford, Edward Aiken of Londonderry, James
Shafter of Athens, Elisha Marsh of Hartford, Nathaniel Throop of Bethel,
one of the two Messrs. Bliss, John Rich of Guildhall, James Whitelaw
of Ryegate, Alexander Harvey of Barne', John Strong of Addison
[transferred to the Council,] Nathan Manley of Bridport, John Smith of
Leicester, Gamaliel Painter of Salisbury, Abel Thompson of Ferrisburgh^
Ebenezer Allen of the Two Heroes, Jonathan Spafford of Williston, and
Dubartus Willard of Essex. — 20. It is believed that these names, with
those voting yea, give a complete roll of the Assembly.
5See ms. Assembly Journal, Vol. 3, pp. 90, 91, 95-6, 102, 110, 112, 131-2,
134-5.
Appendix F. 373
not our purpose to discuss his motives, whether honest and conscien-
tious, or selfish and vindictive ; but that he, by his personal influence
and public harangues, did more than any other to array the people of
the town against the Court, there is no room for doubt. It is creditable
to those whom he had deceived that their minds were open to conviction,
and that as soon as convinced of their error, they deplored the course
they had taken, and became law-abiding and law-sustaining citizens ;
while the man who had deceived them and been the principal cause of
their disgrace, never afterwards received much favor at their hands. —
Caverly's History of Pittsford, p. 258.
In Assembly : March 5. — On motion made by Col0- Lyon, Resolved
that this House entertain a high sense of the services done this State by
the officers & soldiers whose spirited exertions crushed the late daring
insurrection against Government in the counties of Rutland & Windsor
& do hereby 'return said officers & soldiers their hearty thanks.1
An Act for the prevention and punishment of liiols disorders and contempt
of authority. — Passed March 8th 1787.
For the better Suppressing of Riots disorders and contempt of au-
thority,
Be it enacted, &c. that if any person or persons shall impede or hinder
any officer judicial or executive civil or military under the authority of
this State in the Execution of his office he or they shall on conviction
thereof pay a fine not exceeding fifty pounds each and if any person
who shall be thereof convicted shall not be of sufficient ability to pay
such fine and costs of prosecution it shall be in the power of the Court
before whom such conviction shall be had to assign such person in ser-
vice to any Citizen of this State for so long time as shall be sufficient
for payment of the fine and costs aforesaid. And if any person shall be
a second time convicted of the like offence he shall pay a fine not ex-
ceeding fifty pounds and shall be imprisoned in any Goal in this State
for one whole year and if he be not of sufficient ability to pay such fine
and cost he shall be liable at the expiration of his said imprisonment to
be assigned in service as aforesaid.
And be it further enacted, &c. that if any person or persons shall
directly or indirectly break open or aid or assist in breaking open any
Goal or place of confinement wherein any prisoners shall be confined by
the authority of this State he or they shall on conviction thereof pay a
fine of fifty pounds to the Treasurer of the County where such offence
shall be committed and lie in prison six months and for a second offence
of a like nature shall pay a fine of fifty pounds & be imprisoned one year.
And be it further enacted, &c. that when three persons or more shall
come or assemble themselves together to the intent to do any unlawful
act with force and violence against the person of another or against his
possession or goods wrongfully or to do any unlawful act against the
peace or to the manifest terror of the people and being required or com-
manded by any of the civil authority by proclamation to be made in the
form herein after directed shall not disperse themselves and peaceably
depart to their habitations or lawful business or being so assembled as
aforesaid shall do any unlawful act against the person possession or goods
of any man or against the Peace and be thereof convicted before any
Court proper to try the same shall be punished by fine not exceeding
thirty pounds or imprisonment not exceeding six months and pay cost
of prosecution.
*Ms. Assembly Journal, Yol. 3, p. 141.
374 Appendix F.
That the order and form of proclamation mentioned shall be as follows,
That is to say the person authorized by this act shall among or as near
as he or they can safely come to said rioters with a loud voice command
or order silence to be made whilst proclamation is making and after that
shall openly and with a loud voice make proclamation in these words or
like in effect viz. " In the name of the State of Vermont I command all
persons being assembled immediately to disperse themselves and depart
to their habitations or other lawful business upon the pains contained in
the law of this 8tate entitled 'an act for the prevention and punishment
of Eiots Disorders and contempt of authority.' "
And every Justice of Peace, Sheriff, Deputy Sheriff or Constable within
their respective jurisdictions are hereby authorized, impowered, and re-
quired on notice or knowledge of any such unlawful and riotous assembly
to resort to the place where such assembly shall be and there make
proclamation as aforesaid.
Be it further enacted, &c. that if such persons so unlawfully assembled,
or any three or more of them after proclamation made as aforesaid shall
continue together and not disperse themselves that it shall and may be
lawful to and for every Justice of the Peace, Sheriff, Deputy Sheriff or
Constable where such riotous assembly shall be and to and for every
other person or persons who shall be commanded to be assisting to such
Justice of l he Peace, Sheriff, Deputy Sheriff or Constable (who are here-
by authorized and impowered to command all or any of the Inhabitants
of this State to be assisting them therein) to seize and apprehend and
they are hereby required to seize and apprehend such persons so unlaw-
fully and riotously continuing together after proclamation made as afore-
said and forthwith to carry the persons so apprehended before some
Justice of the Peace in order to their being proceeded against according
to Law.
And if anv of the persons so unlawfully and riotously assembled and
continuing together as aforesaid to the number of twelve for the space
of one hour after proclamation made as aforesaid shall happen to be
killed maimed or hurt in dispersing or apprehending or in endeavouring
to disperse or apprehend them by reason of their resisting the persons
so dispersing or endeavouring to disperse or apprehend them then every
such Justice of the Peace Sheriff Deputy Sheriff or Constable and all
and singular the persons aiding or assisting to them or any of them shall
be freed discharged and indemnified from any bill complaint indictment
or action that may be commenced against him or them on that account.
Be it further enacted, &c. that if any person or persons do or shall
forcibly wilfully and knowingly oppose obstruct or in any manner wil-
fully aud knowingly oppose let hinder or hurt any person or persons that
shall begin or attempt to make proclamation hereby directed to be made
whereby such proclamation shall not be made and be thereof convicted
by due course of Law he or they shall forfeit or suffer in manner and
form as last aforesaid.
And that all and every such person or persons so being unlawfully and
riotously assembled to the number of three or more to whom proclama-
tion should or ought to be made if the same had not been hindered as
aforesaid shall likewise in case they or any of them to the number of
three or more shall continue together and not immediately disperse them-
selves after such let or hindrance so made having knowledge thereof and
be thereof convicted in due course of Law shall forfeit and pay a fine
not exceeding thirty pounds or be imprisoned six months and pay cost
as aforesaid.
Provided always that no person or persons shall be punished by virtue
Appendix F. 875
of this act unless prosecution be commenced within six months after
the offence is committed.
At the same session three acts were passed specially pertinent to the
exigencies of the time: one making neat cattle, beef, pork, sheep, wheat,
rye, and corn a lawful tender; another providing for the fulfillment of
contracts past due according to the original intent of the parties ; and
the third putting subjects of the United States upon the same footing,
in suits at law, in which the citizens of Vermont were put by the laws
of the respective states. Moreover, in the general revision of the
statutes at that session, due regard to the grievances of the people was
indicated in various statutes, one of them being a reorganization of the
whole judicial system. By thus tempering justice with mercy, public
order was maintained, and the government was enabled to render assist-
ance to Massachusetts in bringing her rebellious citizens into subjection
to the civil power.
Aid to Massachusetts in Shays's Rebellion.
In Council, Feb. 17 1787.— The petition of Royal Tyler Esqrl Com-
missioner from Major General [Benjamin] Lincoln in behalf of the Com-
monwealth of Massachusetts, requesting the assistance of this Govern-
ment in apprehending certain Characters Insurgents & Rebels against
the authority of said Commonwealth, who have Taken Shelter in the
State of Vermont, the same being read in Council, it is Resolved that
Mr Tichenor wait on the General Assembly with said petition.2
In Assembly, same day. -A letter from Major R. Tyler Aid-de-Camp
to General Lincoln stating the situation of the iusurgeants &c. in the
State of Massachusetts and requesting the aid of this Commonwealth in
apprehending some of the principle [principal] insurgeants who have
fled from justice into this State &c. was read and refered to a Committee
of twelve 10 join a Committee from the Council to take the same under
consideration and report their opinion to this House. — The members
chosen Mr Goodrich, Mr- Brownson, Mr Chipman, [Doct Lemuel, of
Pawlet] Mr- Marvin, Mr Hall, Mr S. Lane, Mr- Freeman, Mr Brigham,
Mr- Bridgman, Mr Weld. Mr- Steele & Mr Peirce,3
In Council, Feb. 23 1787.— A Letter from the Honble Major General
Lincoln to his Excellency Governor Chittenden, inclosing a Proclama-
tion, offering to recommend the Insurgents in Massachusetts for Pardon5
1 Hon. Royall Tyler, of Brattleborough at a later date; for twelve
years judge of the Supreme Court, for six of which he was chief justice.
—See Eastern Vermont, pp. 708-718.
2 Feb. 26 1787, it was reported in Bennington that on the 17th a troop
of horse from Massachusetts visited Marlborough, Vt., in search of Luke
Day; and on being questioned as to their authority, replied that they
had lkense from Gov. Chittenden.— Vt. Gazette of Feb. 26 1787.
3 Messrs. Hunt, Olcott, and Tichenor were joined from the Council.
5 On condition that they come in and surrender their arms. Dated
at Pittsfield, Mass., Feb. 19 1787.
376 Appendix F.
— An act for Inlisting five hundred men, &c. with a Declaration of Re-
bellion— Together with a Letter from Major Tyler, was Read. Also a
Letter from his Excellency Governor Bowdoin dated the 10 Ins*- — a
Coppy of His Proclamation for apprehending Insurgents in that State,
Together with a Resolve of the Legislature requesting the Governor to
Issue his Proclamation &c. was read and Resolved that the Governor &
Council wait personally on the Honble General Assembly to lay said
Letters and papers before them for their information, perusal & advice.
In Assembly, same date. — His Excellency the Governor laid before
the House a letter from his Excellency Governor Bowdoin dated 10th
Feby- 1787 enclosing a proclamation and sundry papers, also a letter from
Gen1- Lincoln, which were read and referred to the Committee appointed
on the letter from Mr- Tyler, Aid-de-camp to Gen1- Lincoln.
The proclamation of Gov. Bowdoin, dated Feb. 9 1787, was for the
arrest of Daniel Shays, Luke Day, Adam Wheeler, and Eli Parsons, who
were described as thejeading insurgents. A reward of £150 was offered
for Shays, and £100 each for the other three.1
Feb. 24. — The Comtee to whom was referred the request of Majr- Tyler
& the several letters from Gov- Bowdoin & Gen1- Lincoln reported the
form of a proclamation to be issued by Gov. Chittenden, and requested
the Governor and Council to join the Assembly in Grand Committee to
consider the same.
In C0UNCiL,?Feb. 24.— On a verbal Message from the Honble General
Assembly by a member viz*- Mr- Dewey, requesting the Governor and
Council to join in Grand Committee to Take into consideration the re-
port of a Committee appointed on Letters recd- from his Excellency
Governor Bowdoin of Massachusetts Bay requesting the aid of this State
in apprehending certain Characters Insurgents of that State : The Coun-
cil return for answer that they decline joining the Honble Assembly in
Grand Committee until the Assembly act on the report of the above
Committee from both Houses and send their determination up to this
Council for revision & proposals of amendment. To the above deter-
mination in Council Refusing to join in Grand Committee, His Excellency
the Governor Enters his dissent. Also the Honble John Fassett [jr.]
Esquire, Timothy Brownson Esqr- & the Honblc E. Walbridge Esqr-
This answer having been received by the Assembly, that body resolved
to recommend to the Governor to issue his Proclamation in the form
proposed by the joint committee : yeas 36, nays 24.2 This resolution
was received by the Council on the same day, and on motion of Mr.
Tichenor it was postponed.3
In Council, Feb. 26.— Resolved that the Honble John Fassett Esqr-,
Joseph Fay Esqr- & his Excellency Governor Chittenden be a committee
to make a draught of a Proclamation requested to be Issued by this Gov-
ernment by His Excellency Governor Bowdoin.
On the same day this committee reported the form of a proclamation
as a substitute for that of the Assembly ; and on the 28th the Council
proposed an amendment to the Assembly's form.
i Vermont Gazette of Feb. 26, 1787.
2Ms. Assembly Journal, Vol. 3, p. 122.
8 Ante, p. 127.
Appendix F. 377
In Assembly, March 1, A. M.— The Governor & Council put in a draft
of a proclamation as an amendment or to be issued in lieu of the one
passed the 24th Feb^- last, which was read & ordered to lie on the table
until the afternoon.
On the same day, P. M. — Agreeable to order the House took under
consideration the resolution of Council submitting a draft of a proclama-
tion &c. which was read and after some debate the question was put,
whether the resolution of this House requesting his Excellency the Gov-
ernor to issue his proclamation contained in the report of a comtee passed
the 24'- Febylast should be re-considered. The yeas & nays on the ques-
tion being required they are as follows viz. [Names omitted: yeas 30,
nays 33.] So it passed in the negative — and Ordered that Mr- Marvin,
Mr- Brigham & Mr B. Brown be a Comtee- to return said proclamation to
the Govr- & Council & inform them of the doings of this House thereon.
In Council, same day. — On the question wheather the Council advise
his Excellency to publish the Proclamation Kesolved on by the Honble
Genera] Assembly for apprehending characters therein named, Insurg-
ents in the Commonwealth of Massachusetts, the yeas and nays, being
taken on motion of Mr- Tichenor, are as follows:
Yeas — Mr Marsh, [Lieut. Gov. acting as Councillor,] Mr- Tichenor,
Mr- Walbridge, Mr- Bayley, Mr Hunt, Mr- Safford, Mr- Porter, & Mr- Olcott,
Nays—MT- Fletcher, Mr- Murdock, Mr Fassett, & Mr- Brownson.
So it passed in the affirmative, therefore Resolved that the Governor
be and he is hereby advized by the Council to publish said Proclama-
tion in the Vermont Newspapers.
To the above determination His Excellency [the Governor] En-
ters his Dissent.
Both houses having agreed, Gov. Chittenden 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.
"T \THEREAS the General Court of the Commonwealth of Massachu-
V V setts, by their act of the fourth of February instant, declared, that
a horrid and wicked rebellion did exist in said Commonwealth, and that
DANIEL SHAYS of Pelham, and LUKE DAY of West Springfield,
in the county of Hampshire, ADAM WHEELER of Hubbardston, in
the county of Worcester, and ELI PARSONS, of Adams, in the county
of Berkshire, were the principal aiders and abettors of said Rebellion,
and there being great reason to fear that some of ihe citizens of this
State who dwell near to and adjoining the said Commonwealth may in-
cautiously and unadvisedly give aid to the promoters and abettors of the
said rebellion, and thereby violate the duty they owe to law and good
government:
I have therefore thought fit, by and with the advice of the Council,
and at the request of the General Assembly, to issue this proclamation,
strictly commanding and enjoining it upon all the citizens of this State,
not to harbour, entertain, or conceal the said DANIEL SHAYS, LUKE
DAY, ADAM WHEELER, and ELI PARSONS. And I do hereby
require all and every the Justices of the Peace within this State, to issue
their warrants when required, to apprehend and convey the aforesaid
persons, or either of them, to the Commonwealth of Massachusetts,
378 Appendix F.
there to be delivered to some civil or military officer, authorised to
receive them:
And all the citizens of this State are absolutely and most solemnly
forbidden to take arms in support of, or to engage in the service, or
contribute to the relief of the abettors and promoters of the said rebellion,
by furnishing them with arms, ammunition, or otherwise, as they will
answer it at their peril.
Given under my Hand, in Council, Bennington, this 27th Day of February,
A, D. 17S7,' and the eleventh Year of the Independence of the State.
Thomas Chittenden.
By his Excellency's command,
Joseph Fay, Secretary.2
This proclamation went to the full length of the request of Gov.
Chittenden to Gov. Hancock of Massachusetts in 1784, in that it ordered
the arrest of the insurgents, if found in Vermont, and their return to
Massachusetts ; while the proclamation of Gov. Hancock was limited
" to the strictest rules of neutralitv."3
Shays's Men driven from Vermont.
From the Vermont Gazette of May 7 1787.
Messrs. Printers, — As many unfavorable allegations have been spread
abroad, to injure the good people of Vermont, relative to their harboring
the insurgents from Massachusetts, the following transaction may serve
to shew our disposition not to encourage factious and rebellious fugitives
who have fled from justice.
On Monday se'nnight [April 30] about one hundred of the rebels from
Massachusetts, who fled from justice, met at Captain Galusha's in Shafts-
bury, in convention, to agree on measures for continuing their opposition
to that government. The authority of Shaftsbury, being alarmed at such
an illegal collection, immediately met, and demanded of the insurgents
the occasion of their meeting. A committee, consisting of a Col. Smith
(who was appointed their president) and four others, were chosen to make
answer to this demand, which was, " That they were driven from their
country, and had convened with a view of concerting measures whereby
they might return and enjoy their properties," and on being duly
questioned they produced two letters, one from Shays and one from an-
other of their principals, encouraging them to hold out and be spirited
in their opposition for a few weeks longer and they might be assured of
relief. Judge [Gideon] Olin, who acted as principal on the part of the
authority, conducted with a spirit truly patriotic and noble. He informed
them, that if they were met for the purpose of petitioning the legal au-
thority of Massachusetts for pardon and leave to return, that their
proceedings would be deemed highly commendable, but if their views
were hostile, and their business was to concert plans for committing
depredations and continuing their opposition to that government, they
must disperse immediately, for no such unlawful assembling would be
allowed in Vermont. Col. Smith answered, that the hope of any ad-
vantage by petitioning was at an end.
1 Ante-dated two days, for no apparent reason.
2 Vermont Gazette of March 5 1787.
1 See ante p. 313.
Appendix F. 379
The sheriff of the county, [Jonas Galusha,] who had been previously
notified, was present for the purpose of dispersing them in case they
refused to withdraw. The rebels plead for leave to be by themselves
for a few minutes which was granted, after which they dispersed, and
proceeded immediately to White-Creek, in the State of New York, where
we have understood there was a considerable body collected, who sat in
convention from day to day, without opposition.1
The Governor and Council of this State have given the strongest
assurances to his Excellency Governor Bowdoin, that in case the insur-
gents residing in this State pursue any measures that are hostile, the
most effectual measures shall be taken by the force of this State, for ap-
prehending and delivering them up to his authority for punishment.
The same number of the Gazette contains two letters from one of Shays's
officers, (apparently on his way to Canada,) which seem to have been
intercepted at Danby, Vt.— it is presumed, by Vermont officers.
Oct. 12 1787, Gov. Chittenden laid before the Assembly a letter from
Gov. Bowdoin, dated March 10 1787, enclosing a resolution of the legis-
lature of Massachusetts of March 8 1787, which the editor has not been
able to find; a letter from Gov. Bowdoin of May 16 1787, enclosing a
copy of a letter from Ethan Allen to Col. Benjamin Simmons; and a
letter from Gov. Hancock, (who had succeeded Bowdoin,) of ^uly 5 1787,
enclosing a resolution of the Senate of Massachusetts of June 25 1787,
which corrected an error in a previous resolution exempting from
clemency " David Dunham" instead of Gideon Dunham.2 Allen's letter
was as follows:
Ethan Allen to Col0- Benjamin Simmons.3
Sunderland 3d of May 1787.
Sir — I consider it my duty to inform the Government of the Com-
monwealth of Massachusetts Bay, that the malcontents of your State
[Massachusetts] appear to be forming unlawful Associations in this
State,4 and that this Government are taking the most effectual measures
to prevent the mischievious consequences which may be consequent
thereon; Your people may do well in the meantime to take care of
private murders. You may depend that this Government are so alarmed
at the present conduct of your Insurgents that they will cordially con-
sult any measures with your Government, which may be requisite for
the mutual peace of both. I desire you would present this Letter, with
my compliments to the commanding Officer of the troops of Massa-
1 This was equally in violation of the laws of New York, and probably
was not long permitted.
2 Ms. Assembly Journal, Vol. 3, p. 174; and Vermont Gazette of July 16
1787.
8 Clinton Papers, No. 5863. [Communicated to Gov. Clinton of N. Y.
by Gov. Bowdoin of Mass.]
4 June 5 1787, Gov. Hancock informed the legislature of Massachu-
setts '* that those who have been in opposition to government have, from
Vermont and New Hampshire, repeatedly made incursions into this
state, with an intention to plunder and carry off the friends to govern-
ment. " — Vermont Gazette of July 16 1787.
380 Appendix F.
chusetts in Berkshire County for their information. And am with re-
spect Your Humble Servant Ethan Allen.
N. B. Should it be policy for the Government of your State to pub-
lish the foregoing Letter any time after the 10th instant, I have no ob-
jection. E. A.
Having examined the original & compared the same — the above is a
true copy. Azariah Ashley Cap1 Comdt of the troops at
Williamstown [Mass.]
A true copy Attest John Avery junr 8e&-
A Boston newspaper of March 8 1787 announced that Allen had lately
declared, in the presence of several gentlemen of Massachusetts, "that
he had never had any communications with Shays or any of his adher-
ents, directly or indirectly, but that he heartily despised both them and
their cause.1'1 The date of this declaration is not given, and the report
of Allen's words is probably inaccurate, though as to the main point
correct. Ira Allen's statement as to his brother's position in this matter
is this:
When the insurrection arose in the neighbouring State of Massachu-
setts, headed by Mr. Shays, sometime before the insurgents attempted
to take the arsenal of the United States at Springfield, [Jan. 25 1787,]
Mr. Shays sent Luke Day and Eli Parsons, two of his officers, to General
Ethan Allen, Commadant of the militia of Vermont, offering him (Gen-
eral Allen) the command of the revolutionary army, or insurgents of
the Massachusetts; which General Allen contemptuously refused, direct-
ing said men to leave the State of Vermont. General Allen then wrote
tothe Governor of Massachusetts, assuring him that no asylum would
be given in the State of Vermont to the insurgents of the State of Mas-
sachusetts.2
Art est of Massachusetts Insurgents in Vermont.
[From the Vermont Gazette of July 301787.]
On Saturday last [July 28] passed thro' this town, Gideon Dunham
and George Baker, two notorious offenders of Shays' party, lately acting
as principals in the robberies committed in Berkshire county. They
were taken at Onion River in this state, with two horses, and some other
property, belonging to Mr. Starkweather, and others, in Berkshire county.
They were conducted into town under a small guard of respectable gen-
tlemen, and delivered up to the care of the high-sheriff, who, with a few
gentlemen of the neighbourhood, proceeded with them to the line of the
state, and delivered them up to the proper authority, to be dealt with as
their crimes deserve. To give our sister states an idea of the disposition
of the citizens of Vermont, and their sentiments with respect to Shays
and his party, we beg leave to mention, as a truth, that these notorious
robbers, were brot' from Onion River almost to Bennington, guarded by
three men only.
The next number of the Gazette stated that Dunham and Baker con-
fessed numerous robberies by force ; and it censured " any gentlemen of
the clerical or other order, in Arlington, White-Creek, or elsewhere,"
who have given u support to the Head Men of the nefarious tribe " —
meaning to Shays and some of his chief officers, who were at times in
Pownal, Shaftsbury, and probably Arlington.
x Vermont Gazette of April 9 1787.
* Ira Allen's History of Vermont in Vt. Hist. Soc. Coll. Vol. I, p. 468.
APPENDIX G.
VERMONT ACTS OF SOVEREIGNTY.
All the acts of Vermont from 1778 to 1791 were really the acts of a
sovereign state, since even the internal police regulations were enforced
against New York ; and as to the adherents to New York in Vermont,
against Congress also. But there were other acts peculiar to an inde-
pendent and sovereign state, such as issuing bills of credit and making
them a legal tender for debts, coining money, regulating weights and
measures, establishing post offices, naturalizing natives of other states
and countries, and corresponding with foreign governments in respect
to commerce, examples of which occurred in Vermont, and some of which
should be recorded here as a part of its history.
Bills of Credit — 1781.
AN ACT for the purpose of emitting a sum of Money, and directing the
redemption of the same.
Whereas, it is found necessary, for the purpose of carrying on the war,
and the payment of the public debts of this State, as well as for enlarg-
ing the quantity of circulating medium, to emit a sum adequnte to the
several necessary pui poses, in bills on the credit of this State.
Therefore,
Be it enacted, &c. that there be forthwith printed under the inspec-
tion of Matthew Lyon, Edward Harris, and Ezra Styles, Esquires, a
committee for that purpose, bills to the amount of twenty-five thousand,
one hundred and fifty-five pounds lawful money, for the payment of this
State's debts, and other public purposes ; which bills shall be an equal
number of three pounds, forty shillings, twenty shillings, ten shillings,
five shillings, two shillings and six-penny, one shilling and three-penny,
and one shilling bills : which committee shall be sworn to the faithful
discharge of their office, and are impowered to make a device and form
for said bills.
And be it further enacted, that said bills, when so printed, shall be, by
the aforesaid committee, delivered to the Honorble John Fasset, Eb-
enezer Walbridge, and Thomas Porter, Esquires, a committee for sign-
ing and numbering said bills : which last said committee shall be sworn
to the faithful discharge of their duty, and shall receipt snid bills to the
aforesaid committee, and shall sign and number said bills, and deliver
them to the treasurer, taking his receipt for the aforesaid sum in bills, of
twenty-five thousand, one hundred and fifty-five pounds : which bills
shall be a lawful tendry for payment on all contracts, executions, &c. as
lawful money, according to the face of the bill. And said bills shall be
paid up and redeemed by the treasurer of this State, by the first day of
382 Appendix Gr.
June. 1782, in silver, at the rate of six shillings for one Spanish milled
dollar, or gold equivalent,
And for the redemption of a part of said bills, it is hereby enacted,
that there be, and there is hereby granted a tax of one shilling and three-
pence, lawful money, on the pound, on the list of the polls and rateable
estates of the inhabitants of this State, to be taken in June next : which
tax the first constable of each respective town is hereby impowered to
collect, (on receiving a warrant from the treasurer therefor, and the rate-
bill from the select-men of such town ; which select-men are hereby di-
rected to deliver to such constable, as soon as the list is by law to be com-
plete,) by the first day of November next ; and shall be/accountable to
the treasurer of this State for such tax: which constable shall be allowed
the same fees for collecting such tax as is by law' allowed for levying and
serving executions, in case he have to levy on the goods and chattels of
any person for payment of his tax, which he is impowered to do, in case
any person neglect paying their tax within twenty days after a proper
warning ; and shall be allowed one pound out of each eighty pounds he
collects and pays to the treasurer : — which tax shall be paid in silver or
gold, or in the aforesaid bills.
And whereas the land is the great object of the present war, and
receives the most solid protection of any estate ; a very large part of
which has hitherto paid no part of the great cost arisen in defending it,
whilst the blood and treasure of the inhabitants of the State has been
spent to protect it, who, many of them, owned but a very small part
thereof :
Wherefore, for the redemption of the remaining part of said bills, and
the lodging a sum of money in the treasury,
Be it enacted, that the/ e be, and there is hereby granted and laid, a tax
of ten shillings on each hundred acres of land within this State, which
will now admit of settlement on account of the war, except public rights,
and the college lands ; which tax shall be paid into the treasury of this
State, in silver, at the rate of six shillings per Spanish milled dollar, or
gold equivalent, or in said bills.
And the publication of this part of this act in the Vermont Gazette,
the New-Hampshire Gazette, one of the Boston news-papers, the Con-
necticut Courant, and the Massachusetts Spy, three weeks successively,
as soon as may be, and the treasurer calling on the laud-holders to pay
their tax, agreeably to this act, in the said news-papers, once in the month
of November next, and once in the month of December next, shall be
sufficient notification to all persons concerned.
[Here follow sundry provisions, regulating the collection of the land
tax, which it is thought proper to omit. The act closes with the follow-
ing clause.]
Be it further enacted, that whosoever shall be guilty of altering or
counterfeiting any of said bills, or shall be any ways concerned therein,
by making instruments for that purpose; or be anyways aiding or assist-
ing therein, and be thereof convicted, shall suffer death ; any law, usage,
or custom to the contrary notwithstanding.
The amount actually issued under this act was £24,750 8 7, as appears
from a report of the auditors in 1787, on the treasurer's accounts from
1778 until October 1786. By the terms of the act, these bills were to be a
legal tender on all contracts until the first day of June 1782, when they
were redeemable in specie. This act seems to have been complied with
in good faith, as, in February 1782, the following was enacted :
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Appendix Gr. 383
AN ACT for taking off the tendry of the paper currency of this State,
the first day of June next.
Be it enacted, &c. that from and after the first day of June next, the
bills of credit of this Slate shall not be a legal tendry in any payment or
contract, except in the treasury of this State : any law, usage or custom,
to the contrary notwithstanding.
Coining Money— 1785 to 1788.
In the first volume of the Vermont Historical Society Collections, pp.
288-318, is a full account of Vermont coinage, by a competent writer, the
Rev. Edmund F. Slaftek, A. M., Member of the Boston Numismatic
Society, to which the reader is referred.
" An Act granting to Reuben Harmon Junior Esqr- a right of coining
copper and regulating the same," was passed June 15 1785. Oct. 27
1785 an act in amendment was passed, by which the weight of the coins
was reduced ; and under this act Mr. Harmon proceeded with the work
of coinage in Rupert.
The devices and mottoes, which had been prescribed by a committee
appointed by the Assembly, were significant and appropriate. The coins
issued in 1785 and previous to Oct. 1786, had on the obverse the legend
Vermontensium. Res Publica. — meaning The Republic of the Green Mount-
ains, or of Vermont; and the device was a rising sun, with mountains
and trees in the foreground, and a plough in the field beneath — significant
of a new and rising agricultural state. On the reverse, the device was an
eye, radiating to thirteen stars, with Quarta. Decima. Stella, for the
legend — signifying that Vermont, as the fourteenth state, was looking
for admission to the union with the thirteen states.
Oct. 24 1786, still another act was passed, by which Harmon had the
exclusive right of coining copper for the term of eight years from July
1 1786. x- By this act the legends and devices were both changed: the
obverse to a bust in a coat of mail2 — signifying, if any body, a warrior in
the age of coats of mail, but appropriated to Vermont in the legend
1 For this act see Slackens State Papers, p. 509.
2 In An Historical Account of American Coinage by John H. Hick-
cox, published in Albany in 1858, it is asserted that the bust was of
George the third, and the coins were issued when " the British in Canada
were carrying on negotiations with the leading men in Vermont, for the
purpose of making Vermont a crown dependency." Very unfortunately
for this author, the facts are that the negotiations referred to were closed
in March 1783; no coin with a bust of any sort was authorized by Ver-
mont until October 24 1786; no particular bust was specified in the act
of that date; and out of five specimens of Vermont coins issued in 1786,
7, and 8, the busts on only two resemble each other. Other New York
writers have repeated, with variations, the assertions here controverted,
but all have been thoroughly answered by Mr. Slafter.
384 Appendix Gr.
Vermon Auctori,— meaning by the authority of Vermont. On the re-
verse was a female figure, seated with a shield at her side, and holding
in her right hand an olive branch, in her left a rod. The legend was
Inde: et Lib:— meaning independence and liberty. The woman was
styled by the committee of the Assembly, in their report, " the Genius
of America," leaving absolutely nothing but the name in the coin which
was characteristic of Vermont; whereas if the woman had been styled
the Genius of Vermont, the new coin would have truly signified that Ver-
mont was no longer looking anxiously to sister states for admission to
the union, but peacefully resting upon her own authority, yet prepared to
defend the rights of her citizens and the independence of the state.
The Vermont coinage ceased in 1788, on the adoption of the constitu-
tion of the United States by the requisite number of states. Harmon's
privilege covered seven years more; but doubtless he, with others en-
gaged in coinage in other states, deemed it unprofitable to continue a
business which was soon to be assumed exclusively by the national
government.
Naturalization Acts— 1785 and 1787.
There were two acts of this sort, the first in 1785, to naturalize a citi-
zen of New Hampshire and grant him " the freedom of the State of Ver-
mont," passed Oct. 26 1785.
In Assembly, Oct. 24 1785: — A petition from Solomon Willard was
read & refered to Mr- Knoulton, Mr- Webb and Mr- Hunt to report.
The petition was as follows:
To the Honble the Gen1 Assembly of the State of Vermont now sitting at
Windsor in the County of Windsor.
The petition of Soln Willard humbly sheweth —
That your petitioner has a large landed property in the State of Ver-
mont and feels for the independence and future prosperity of the said
State as fully as any subject of the same — and being desirous of com-
mencing a more firm connection with the said growing republic, humbly
requests the Honble Legislature to pass an act of denization to naturalize
your petitioner and make him a freeman and intitled to all the privileges
of a natural born subject of the State of Vermont under such conditions
as shall seem just, and your petitioner as in duty bound shall ever pray.
Dated at Windsor this 21st day of October Anno Domini 1785.
Soln- Willard. l
Oct. 25: The Com*- on the petition of Sol0- Willard reported "That in
their opinion the prayer thereof ought to be granted " — which was read,
accepted & leave given for a bill to be brought in accordingly.
Oct. 26: The following bills were brought in agreeable to leave of the
House, viz. — An act to naturalize Solomon Willard late of Winchester
in the county of Cheshire and State of New Hampshire Esqr- and grant-
ing him the freedom of the State of Vermont * * * which were
read, accepted & sent to the Governor & Council for perusal and pro-
posals of amendment.2
i Vt. State Papers, Mss., Vol. 17, p. 160.
2 Ms. Assembly Journal, Vol. 2, pp, 533, 535, 538.
Appendix Gr. 385
There is no record of the final passage of the bill in the journals of
either House — omissions chargeable to the haste and confusion in the
closing days of the session. The House adjourned without day on the
27th. Nevertheless the bill passed on the 26th, and appears among the
recorded acts as of that day with the title as entered in the Assembly
journal. It was as follows:
Be it enacted, &c. that Solomon Willard late of Winchester in the
County of Cheshire and State of New Hampshire Esqr- be and hereby is
declared to be entitled to all the privileges benefits and Immunities of a
natural Born Subject and member of this Commonwealth and shall for-
ever hereafter have and enjoy the freedom of Vermont.
The other act, passed March 10 1787, was for the benefit of a native of
France, and three of his children born in this country, all of whom intended
to become citizens of France, and not of Vermont. This act has an in-
teresting history which has never been published, and its record here
will add to other memorials of a man who was eminent for his zeal in
behalf of America, and whose charming literary works have been highly
esteemed, in both this country and Europe.
In Assembly, Feb. 23 1787. -Two letters from the Sieur St. John de
Crevecoeur, Consul of France, to Gen1- Ethan Allen, one dated at New
York 31st- May 1785, the other dated L'Orient 17th- July 1785, were read,
and Resolved' that a Committee of three to join a Committee from
Council be appointed to take said letters under consideration & make
report of their opinion to this House. — Members chosen, Mr- Chipmau,
Mr- Marvin, and Mr B. Brown.1
Hector St. John de Ciievecceuk was born at Caen, in Normandy,
of a noble iamily, in 1731,. and was educated in England. He came to
America in 1754, and settled on a farm near New York city, from which
he was driven by the British during the revolutionary war, but was per-
mitted by them to return to England in 1780. In 1782 he published in
London a volume of " Letters from an American Farmer ," which, though
written in English, has all the brilliancy and vivacity of the French
language. This work was reprinted in Philadelphia in 1794. French
editions of this volume were also printed in 1784, and 1787; and in 1801
St. John published at Paris three other volumes, in French, on a journey
through upper Pennsylvania and the state of New York, entitled
" Voyage dans le Haut Pennsylvanie et dans V Etat de New York, par
un Membre Adoptif de la Nation Oneida" — [Oneida tribe of Indians,
into which he had been admitted, and of which he wrote.] These works
induced the migration of a large number of people from France to the
United States. In 1783 he returned to New York as consul for France,
and there seems to have become acquainted with Ethan Allen. In 1793
he resigned his office, returned to France, and interested himself in agri-
culture. He was a member of the agricultural society of Caen, and
introduced the cultivation of the potato there . He married an American
1 Mr. Brownson was joined from the Council.
26
386 Appendix Gr.
lady, a Quakeress, who died when her husband was on his visit to Europe.
St. John died at Sarcelles in Nov. 1813, leaving behind him a high repu-
tation for worth and agreeable personal qualities. In one of the notes
to Darlington's biographical sketch of John Bartram, is the following on
Mr. St. John, furnished by Samuel Breck of Philadelphia, who knew St.
J. in Paris in 1787, and was a companion with him on the return voyage :
" St. John was by nature, by education, and by his writings, a philan-
thropist ; a man of serene temper, and pure benevolence. The milk of
human kindness circulated in every vein. Of manners unassuming ;
prompt to serve, slow to censure; intelligent, beloved, and highly worthy
of the esteem and respect he every where received. His society on ship-
board was a treasure." — See Duyckincks' Cyclopaedia of American Lit-
erature, Vol. i, pp. 173-177; Drake's Dictionary of American Biography;
and Allibone's Dictionary of Authors. See also a copy of the Letters, &c
in Vermont State Library.
The letters read in the Assembly were as follows :
St. John de Crevecoeur to Ethan Allen. ■
General Allen, — In consequence of the leave you have given me, with
pleasure I will communicate you the following thoughts, earnestly de-
siring you'd be persuaded that they have not been dictated by vanity or
foollish presumption, but by a sincere and honest desire of being some-
what usefull to a State for the industry and the energy of which I have
a great respect.
I am an American by a law of this State [New York] past in the
year 1763. I have lived and dwelled in it ever since I married, 1770.
I have three children. I have drained 300 acres of Bog Meadow,
built a house, cleared many acres of land, planted a great Orchard. By
imprisonment,2 loss of property & Money, severe hardships, the for-
tunate of the last severe conflict with the rest of
my fellow Citizens3. I have since [had] the pleasure of publishing in
Europe a work which has been well received by the public, wherein
many interesting tacts are Recorded, of the bravery, Patience, & Suffer-
ings of the Americans in the prosecution of the last War.
Such, Dear Sir, are the titles whereon I presume to found and estab-
lish the Liberty I am now taking.
1° 1 offer to have the Seal of your State elegantly engraved on silver
by the King's best engravers & to change somewhat the Devices thereof.
Dont you want a privy Seal? I offer with equal pleasure to get another
engraved for the College the State of Vermont intends erecting and I
«> Ms. Ethan Allen Papers, pp. 395-402.
2 He had permission from the British in 1780 to go to Englaud, but
the vessel was captured by a French fleet, and St. John was a prisoner
for three months in the hands of his countrymen.
3 The transcriber for the Allen Papers omitted several words here which
were probably illegible in the original. The idea seems to be that St. John
had lost all, nearly, by the war, as the fact indeed was, except his per-
sonal liberty, which he had in common with American citizens as a con-
sequence of the war.
Appendix Gr. 387
will take upon myself the imagining the device thereof.1 I will do my
best endeavours to procure from the King some marks of his bounty
and some usefull presents for the above College.
The General will be pleased to remember the different anecdotes which
he has promised me, whether of War, or peace, natural occurrences, ex-
traordinary circumstances of natural history.
I should be greatly obliged to the General for any Map or Draughts of
that State, or of any part thereof, for instance If new Towns are laid out,
should like to have the Map of them.
If the General approves what yesterday I told him concerning na-
tional gratitude and the simple tho' efficacious way of shewing it to such
french Characters as have amply deserved it, I will beg of the General
that in order to prepare the minds of the good people of Vermont for
that measure he would be pleased to get inserted in the Bennington news
papers that part of the N. Y. Gazette which I shewed him yesterday.
No opportunity can be so favourable as the present one offers. Since
new Counties and Districts will soon be laid out, I would propose that
the Town2 to be laid out on the first fall of Otter Creek be called the
Town of Vergennes or Vergennesburg— that which is to be laid out on
the first falls of Onion River Castri Polls* — after the name of the minis-
ter of the Marine who had a very great share in all the naval expedi-
tions by which final independence has been obtained. I would propose
that the New Towns to be laid out should be called Gallipolis, Rocham-
beau, Noaillesburg ; that some of the new Districts or precincts ought to
be called Targetsfield [Turgotsfield,] Fannysburg, Harcourt, Ludovico
Polis, CondorceU Brothersfield, Danville, Sojyhysburg—and if the General
don't think me too presumptuous in answer to what he so kindly said
yesterday, I would observe that the name of St. John being already
given to many places in this Country it might be contrived by the ap-
pelation of Su Johnsbury, but the most flattering honor the Citizens of
Vermont could confer on me would be to be naturalized a Citizen of that
State along with my three Children America Frances S John, William
Alexander SL John, Phify) Lewis SL John.
Where could letters or other things be left in N. York so that they
might be safely conveyed to the General in Vermont. That is an im-
portant circumstance without which our mutual correspondence may be
interrupted, a thing which 1 should greatly regret.
I shall write the General from Paris by every packet & inform him of
whatever I do which [may] be usefull to your State and College. As
soon as any resolutions will be taken towards giving to the New towns
and Districts some of the new names, I earnestly beg the General would
write the account of it and the reasons which have induced the people
in the State of Vermont and publish that in the Bennington Gazett
which I shall beg of him to send me two or three different ways. I
should not fail to have that part translated and put into the french News-
papers with the name of the General. If Gen. Allen thought it proper
1 would likewise publish the anecdotes I expect to receive from him with
his name.
The name of the new College I would beg to send it along with the
1 This was written six years in advance of the charter of the Univer-
sity of Vermont. Allen of course had informed St. John that such an
institution was in contemplation.
2 Meaning not a township but an incorporated city, as Vergennes was.
8 On the territory in Colchester now occupied by Winooski village.
388 Appendix (7.
new seal which I shall send you from Paris. I will direct my Letters
for you to be left at the post office of this City & to be conveyed to Al-
bany, Post. Therefore I beg you'd speak to the Albany Post-Master,
likewise you must speak to him to send your letters for me by the Albany
Post to come to the Post office of this City. My direction is No. 202
Queen Street. I shall not fail to shew your Book * to ; — of Paris
& to transmit to you their reflections thereon. Wishing your State every
prosperity, Your Good Gov'8 & Council [and] yourself, My dear sir I
take my sincere leave of you. I beg you'd look on me as a true friend
& your very humble servant.
St. John de Crkvecckur.
N". York 31st May 1785.
Same to Same.
L'Orient [France,] 17th July 1785.
Dear Sir, — 1 am arrived here after a very pleasant Passage of 25 days.
To-morrow I propose setting out for Paris. 1 have thought of many
things since I took my leave of you which I beg to mention as they may
be usefull to the State of Vermont. I hope you will attend to it and ex-
ert your influence to have it done. As to the different Karnes for the
new Towns and Counties which I proposed you, 1 hope your Governor
and his Council will find nothing very extraordinary in those names.
The very appelation of the State being Vermont will make the names
proposed more analogous, Vermont being entirely French, nor will the
sound of those be in contradiction with the harmony of your language. For
instance Vergennesburg and Castri Polls for the two Towns on the Otter
and the Onion Rivers ; County of Beauveau, the town of Beauveau for
the County Town ; County of Liancourt, the town of Liancourt for the
County Town ; County of Turgot and Turgotsburg for the County Town
— (this last name is infinitely precious and dear to me, I could wish to
see it given to some Place or District;2) Fayette1 s Grove, Segurnum,
Hart Court, Danville, Condorcet &c.3 1 say the sound of all those names
agrees very well with the American language, therefore it cannot on that
hand be objected to.
What I meant to say, which I had forgot, is a sketch of the Map of the
State of Vermont. Could you send me such an one, with the new di-
1 Reason the only Oracle of Man, printed at Bennington in 1784.
2 The transcriber in the Allen Papers gave the names as " Target" and
" Targetsburg." The editor knows of no name so likely to be precious
to Mr. St. John as that of Anne Robert James Turgot, comptroller-
general of France under Louis the sixteenth. His plans have been de-
scribed as " grand, liberal, and useful." Turgot was numbered among
the friends of Dr. Franklin, and was as liberal in his views of government
as the Doctor himself. The Vermont Gazette, from April 18 to May 2
1785, contains an elaborate, very able, and to a degree prophetic letter
on American politics, written by Turgot to Rev. Dr. Richard Price of
England, who was a prolific writer, and of so great service to America
that Congress invited him to become a citizen of this country.
3 The names adopted by Vermont were St. Johnsbury, in honor of the
writer of the above letter ; Vergennes, in honor of the Count de Ver-
gennes, French minister for foreign affairs ; and Danville, possibly in
honor of N. de la Rochefoucauld, duke D'Anville
Appendix Gr, 389
visions intended and the new Names, I would get it elegantly engraved
in Paris, and send you back 300, [or] 400 Copies which you'd dispose of
at your will and Pleasure. I would have the arms elegantly engraved
on the top if this idea was agreeable to your People. Send me by a safe
opportunity to my office in N. York the best Materials you can procure
and I will have this done without any cost. I greatly depend on your
Promises of sending me different anecdotes. If I receive them signed
with your name they will be printed with it, depend on it ; in short
whatever curious or interesting may come to your knowledge, I beg
you'd collect it for me. 1 will make a good use of it.1 I beg you'd not
think me too Presumptuous asking you all these things. I mean well.
I beg you'd be mindful of it. I will shew your Book to my friends and
carefully transmit you their observations thereon. Don't forget the
second Vol. which you have promised me if you had a good opportunity
to Hartford. T desire you'd write a line [to] Col. Jeremiah Wadsworth
[of Hartford, Conn. ;] and to ask him for one of the Vol. of the American
Farmer, [St. John's first book.] I hope the perusal of that Book will
not displease you. Had I had one of them with me whilst you was in
N. York the author would have presented you one with great pleasure.
In the Seed way also, Dear Sir, I would most earnestly thank you for the
seed of any Grass, Bush, Plant, or Tree which you may think valuable,
prove usefull and curious.
I cannot flatter myself that your Assembly would condecend to pass
an act to Naturalize myself and Children,2 tho' on many accounts (too
tedious to explain to you) it would not be only highly honorable to them
but highly conducive to the completion of their Bill of Naturalization
in France which I am now soliciting in order that they m.oy inherit my
Father's succession which will be pretty considerable. They have had
lately the honor of being made by diplomas freemen of the city of Hart-
ford and N. Haven. But if nevertheless spite of every appearance, so
great a favour through your good influence could be obtained, I shall
take the liberty of sending you their names, their age, and the name of
their Mother. All these things are expressed in their diplomas of N.
Haven & are necessary for the completion of what I am soliciting for
them in France. You'll pardon therefore a Father if through his Fath-
erly zeal he seems to outgo the bounds of common discretion. In speak-
ing to you I am confident to unbosom myself to a Person who will not
censure me nor think that by asking for my Children the honor of being
naturalized in Vermont, he has in his heart aught bordering on foolish
vanity or presumption, but an honest intention of establishing his Chil-
dren in the full possession of the rights of Frenchmen born. In order
to obtain so desirable an end here I must prove the public Notoriety of
their being my Children, not by certificates of Marriage &c, but by pub-
lic acts of their being so. Don't blame me therefore Dear Sir if I con-
clude this Letter by recommending to your notice & rememberance all I
have said & by sending you what is inserted in the Diploma of freedom
my Children have been honored with from the City of N. Haven. America
Francis [Frances in the act,] born 14th December 1770, William Alexander
born 5th Aug. 1772, Philip Lewis born 22dOct. 1774, Children of the Sieur
St. John de Crevecoeur and of Mehitable his Wife.
1 St. John evidently was preparing himself for the volumes subse-
quently published by him.
2 His wife, an American lady, died while St. John was in Europe in
1781-2.
390 Appendix G.
Begging your Great many pardon, wishing you health and prosperity,
and squeezing you heartily by the hand, I remain with unfeigned respect
& esteem,
Your Friend & humble servant, St. John.
Brig. Gen. Ethan Allen.
Ethan Allen to St. John de Crevecoeur.1
Bennington in Vermont 20nd of March 1786.
Sir, — After many difficulties and procrastinations, last fall I published
my theology intitled " Oracles of reason," and have sent a number of
Books to sundry capital places and parts of America. One of the Vol-
umes I herewith transmit to Mr. St. John in consequence of the unex-
pected correspondence with which he has been pleased to honor me.
Though it may be repugnant to the policy of the Monarch of France
that such kinds of writings (whether true or false) should circulate
among the commonalty of his subjects, Yet I am well apprised that the
independent literary Gentlemen of France think and converse with one
another and with foreigners as freely and liberally as any in the World,
and as a Nation have cultivated & extended the [arts] and sciences at
least equal to any people in the annals of mankind, have encouraged
genious and learning in other Nations and finally in a great variety of
instances have become the patrons of the improved part of our species.
I am not so vain as to imagine that my theology will afford any con-
siderable entertainment to the enlightened mind of Mr. St. John or to
any learned Gentlemen in France, yet it is possible that he or they may
be somewhat diverted with the untutored logic and sallies of a mind
nursed principally in the Mountainous wilds of America. And since it is
the almost universal foible of Mankind to aspire to something or other
beyond their natural or acquired abilities, 1 feel the infection. I desire
that Mr. St. John would lay the Oracles of Reason oefore the royal
academy of arts and sciences at Paris.
Shouid my productions meet with the disapprobation of the Capital of
seience in the old World, 1 shall have the satisfaction of reflecting that
I have made a bold attempt in philosophy, though unsuccessful.
The Clergy of this Country reprobate the work and anathematize the
writer of it, but they have not so great power in America as they had
previous to the late revolution.2 On its first publication, it has pleased
more individuals than I expected and caused considerable speculation
and argumentation. I am however sensible that my reputation as a
reasoner (even in America) will depend in a great measure on the re-
1 Ms. Ethan Allen Papers, p. 411.
2 Probably the sharpest sarcasm the book provoked came from a lay-
man, Doct. Lemuel Hopkins, of Hartford, Conn., published in 1793,
who described Allen thus :
Behold him move, ye staunch divines !
His tall head bustling through the pines ;
All front he seems like wall of brass,
And brays tremendous as an ass ;
One hand is clench'd to batter noses,
While t'other scrawls 'gainst Paul and Moses.
See Ducykinck's Cyclopaedia of American Literature, Vol. 1, p. 319.
Appendix Q-. 391
ception tbat the work may meet with in the learned cities of Paris and
London.
In the month of January last the Governor and great part of the mem-
bers of the Council of this State met at Bennington, principally to read
and consult the proposition in your Letters to me respecting a State seal,
a College, a list of names of French Patriots to the American indepen-
dency, and your desire with your sons to be Naturalized and become free
Citizens of this State &c, all which particulars was well pleasing to the
Council : they testified their unanimous approbation of all and singular
of your propositions and will use their Influence with mine at the gen-
eral Assembly of the State in Oct. next to carry into effect your whole
desire, which I presume will meet with general approbation and applause.
The said Council at their session aforesaid concluded to recommend to
the Legislature that on the land contiguous to the first falls on Otter
Creek they would incorporate a City with certain priviledges and infran-
chisements, and have already named it De Vergens to perpetuate the
memory of your prime Minister in America to all eternity. Every other
of the patriotic names you gave me will I presume be noticed in like
manner and be affixed to certain districts of territory in Vermont, par-
ticularly your favorite Turgot alias Turgotsburg,1 and the minister of the
Marine department according to your desire.
Sir, in behalf of the people of Vermont I return you thanks for the
honor you have done me and them in generous correspondence, and as-
sure you that we esteem [it] a great honour to be noticed by the French
Nation, the guarantees [guarantors] of American independence, more
especially as we are not yet confederated with the United States. We
flatter ourselves that a mutual intercourse of Friendship and good offices
amounts nearly to an allyance.
We have not as yet made an accurate plan or map of the State, but
are doing it, which when done we will send to France, to be completed
by the King's engravers, with the seal of the State, as you proposed.
And with respect to the College, a Committee is now appointed to mark
out the place, and as to the seal of the College and its device and any
other matters relating thereto, the people of Vermont confide in Mr. St.
John and are his Humble servts. As to any shrubs or rarities to ac-
comodate the King's garden, we have it in contemplation, and will write
you on that, as well as other particulars, more fully at another time.
My late publication has been expencive and has engrossed my atten-
tion. Could I have attended the General Assembly in October last I
might sooner have accomplished your wishes in the matters above re-
lated, nor have I had leasure to make out any political or historical anec-
dotes concerning the late War which you might have improved in the
history of it, though there is no Gentleman on Earth I would be more
happy to oblige than Mr. St. John and have myself the honor of con-
tributing towards a history that so immediately respects my Country.
I am sir with every sentiment of respect & esteem, Your friend &
hum. Serv4- Ethan Allen.-
The record of March 10 1787 in the Assembly Journal shows that "an
act to naturalize the Honble St. John &c." was returned from the Gov-
ernor and Council concurred. The act was as follows:
AN ACT to naturalize the honble S*- John de Crevecoeur and his Chil-
dren America Frances, William Alexander and Philip Lewis.
It is hereby enacted, &c. that the honble- S*- John de Crevecceur Late
Consul of France to America and his three Children America Frances
1 See note 2 ante, p. 388.
392 Appendix G.
8*- John, William Alexander 8*- John, and Philip Lewis S'- John be and
hereby are declared to be Citizens of this Commonwealth and entitled
to all the rights priviledges immunities and advantages which the native
Citizens do or shall enjoy.
In Council, March 10 1787.— Resolved that the Honorable General
Allen be requested to Write to the Honble Sh John late Consul of France,
in answer to his Letter; Inclosing a Copy of the Act Natrulizing him &
his three Sons Citizens of this State, and inform him that this Council
Entertain a high Sense of his Generosity in the offers made in his let-
ters of furnishing a State Seal &c— Arid assure him of the rediness of
this State to serve him and his friends, And to perpetuate the names of
the noble Patriots of France to the latest Posterity Agreeably to his
request in the aforesaid Letters, And that he be informed of the names
already Given to Cities & Towns in this State, & that a return will be
made of the General Survey to Enable him to Complete a Map as soon
as the Surveys can be Compleated.
Post Office Department Established. — 1784 to 1791.
In Council, March 5 1784.— An Act establishing Post-Offices in this
State, having passed the General Assembly, was received, read and
concurred.
Resolved that Mr. Anthony Has well [of Bennington] be, and he is
hereby appointed Post-Master General within and for the State of
Yermont.
The act was as follows :
AN ACT for establishing Post-Offices within this State.
Whereas, the business of promulgating the laws, conveying timely no-
tice to the freemen of this State, of all proprietary proceedings, and other
matters of importance to the public can, in no other way, be effected so
extensively and attended with so small expense, as by the appointment
of regular posts for the purpose of conveying the same to the parts of
this State.
Be it enacted, &c. that there be five post-offices established within
this State ; one in Bennington, one in Rutland, one in Brattleborough,
one in Windsor, and one in Newbury, under such regulations as are es-
tablished for the government of the post-offices in the United States.
That the post-rider from Bennington to Brattleborough be allowed three
pence per mile, travel, and those on each of the other routes, two pence
per mile : and that the post-masters be directed to keep a regular account
of all profits and emoluments arising out of this measure, and exhibit
the same to his Excellency the Governor, and the Honorable Council of
this State when requested.
And be it further enacted, that, until the further order of this Legis-
lature, the post-riders from the several offices shall be entitled to an ex-
clusive right of carriage, and enjoy the advantage of the fees arising from
the carriage of letters and packets of every kind ; and that the rate of
postage be the same as in the United States.
And be it further enacted, that no persou presume to ride on either of
the routs of such established posts, for the purpose of carrying letters,
packets or other matters, particularly within the province of such es-
tablished posts to carrv, on penalty of paying the sum of £10 to and for
the use of any post-master who shall prosecute the same to effect, for
every such offence.
Appendix Gr. 393
And be it further enacted, that his Excellency the Governor and such
other persons as the Legislature shall, in future, authorise, shall have au-
thority, to frank any letters or packets ; for which letters or packets no
postage shall be demanded.
Windsor, March 24. »
The General Assembly, during their last sessions, having resolved to
establish a Post to ride weekly from Bennington to Newbury, via Brat-
tleborough, and one from Bennington to Rutland, Post Offices will im-
mediately be erected in the towns of Bennington, Brattleborough, Wind-
sor, Newbury, & Rutland : these will open a regular communication
throughout the State by which the inhabitants on each side the mountain
will be relieved from the inconveniences they have heretofore laboured
under in keeping up a mutual correspondence so necessary for the union
of a people. We flatter ourselves the Honorable Assembly have done
essential service to the State by adopting this measure, as it naturally
tends to unite the people thereof —affords a regular source of communi-
cation with the Southern States, there being already a post established
from Bennington to Albany2 — gives a thorough vent for the circulation of
newspapers (that most excellent vehicle of intelligence and amusement)
— supplies us with the means of transmitting domestic occurrences, both
public & private : and in fine, from so important an establishment, if
conducted with regularity, we may anticipate the most happy con-
sequences.
In these days of railroads and telegraphs, the above may provoke a
smile; but in fact Vermont at that time provided mail facilities quite
equal to those furnished by the United States for any but the largest
towns and cities. The following, nearly eight months later, is to the
point:
Hartford, [Conn.,] November 2.3
A Stage- Waggon has lately been erected to run, with four horses, be-
tween the city of New-York and Stratford ferry in Connecticut; which
completes the stages from Portsmouth, in the state of New-Hampshire,
to Richmond in the state of Virginia, a distance of upwards of 700 miles.
AN ACT for establishing Post-offices within this State. — Passed March
9th 1787.
Whereas the business of promulgating the Laws, conveying timely
notice to the Inhabitants of the State of all proprietary proceedings' and
other matters of importance to the Public can in no other way be effected
so extensively and with so small expence as by the appointment of regu-
lar Posts for conveying the same to the different parts of this State:
Be it enacted by the General Assembly of the State of Vermont that there
be five Post-offices established within this State, one in Bennington, one
in Rutland, one in Brattleborough, one in Windsor and one in Newbury
under such regulations as are established for the government of Post-
offices in the United States.
That the Post-Rider from Bennington to Brattleborough be allowed
three pence per mile travel and those on each of the other routs includ-
1 From the Vermont Journal of March 24 1784.
'Nov. 26 1783.— See ante, p. 34.
3 From the Vermont Gazette of Nov. 15 1784.
394 Appendix 6r.
ing a Post-rider from Bennington to Albany two pence per mile every
time they respectively perform their routs, in hard money orders or hard
money.
And be it farther enacted by the authority aforesaid that the Postmaster
General be and he hereby is impowered to employ a Post to ride from
Rutland in the County of Rutland through the County of Addison upon
such rout or routs as he shall judge will best accomondate [accommodate]
the Inhabitants of said County of Addison in promulgating the laws of
the State &c. and such Post shall be allowed two pence per mile each
fortnight for one half the circuit going one road and returning another,
to be paid as aforesaid. And the said Postmaster General is authorized
hereby to establish Post Offices in such towns in Addison County as he
shall rind necessary.
And be it further enacted by the authority aforesaid that the several
Postmasters be directed to keep a regular account of all profits and
emoluments arising from the office and exhibit the same to his Excellency
the Governor and the Honorable the Council of this State when re-
quested. And that until the further order of the Legislature the Post
riders from the several offices shall be entitled to an exclusive right of
carriage and enjoy the advantages of the fees arising from the carriage
of letters and Packets of every kind and that the rate of Postage be the
same as in the United States.
And be it further enacted by the authority aforesaid that no person
presume to ride on any of the routs of such established posts for the
purpose of carrying letters, packits,-or other matters particularly within
the province of such established Posts to carry on penalty of paying the
sum of ten pounds to and for the use of any Postmaster who shall pros-
ecute the same to effect for every such offence.
And be it further enacted by the authority aforesaid that his Excellency
the Governor and such other persons as the Legislature shall in future
authorise, shall have authority to frank any letters or packet, for which
letter or packet no postage shall be demanded.
Oct. 15 1790, so much of the preceding act as provided for compensa-
tion to post-riders by the mile was repealed, quite to the discontent of
the public, in anticipation of a loss of the service; but doubtless the
legislature acted on the assumption either that the routes were self-
supporting, or that the service would speedily be assumed by the United
States.
Jan. 21 1788, Daniel Marsh advertized himself as post-rider from
Clarendon [to which town Eleazer Russell was the rider from Benning-
ton,] to Onion river, Jericho being the end of his route. Search has
been made in vain to find any town in Addison County in which a post-
office was established under the act of 1787. There was no authority for
the establishment of an office in Chittenden county, which then extended
to Canada line; and the conclusion is that there were no offices in the
State, except the five named in the act of 1787, until June 1 1792, when,
under the authority of Congress, additional offices were opened in Man-
chester, Vergennes, and Burlington. Meagre as the postal service
established by Vermont seems to us now to have been, yet it was ex-
tended very slowly by Congress — hardly in proportion to the increase of
population. The first act of Congress, March 3 1791, barely provided
" that the Postmaster General shall be and he is hereby authorized to
Appendix Q. 395
extend the carrying the mail from Albany, in the State of New York, to
Bennington, in the State of Vermont." ' In other words, the United
States postal service was simply connected with that which had been
previously provided by Vermont. Under the act of Feb. 20 1792, only
the following post-routes were established in this State, each to take effect
June 1 1792:
From Albany (by Troy and Lansingburg) to Bennington, Manchester
and Rutland — once a week.
From Rutland to Burlington on Lake Champlain — once in two weeks.
— [Proposals invited for service once a week.]
From Springfield in Massachusetts, by Northampton, to Brattleborough
in Vermont — once a week.
From Brattleborough, by Charleston [Charlestown, N. H.] and Wind-
sor, to Hanover in New Hampshire — once a week.
Negociations on Commerce between Vermont and Foreign
Countries.
In Assembly, March 5, 1784. — The Council sent a bill entitled '* an
act to empower the Governor to settle a treaty of amity and commerce
with the powers of Europe," requesting that the same might be passed
into a law of this State — which bill was read and not accepted by the
House.
March S. The Governor and Council sent a bill entitled uan act to
impower the Governor to settle a treaty of commerce with the powers of
Europe, &c," proposing that the same might be passed into a law — the
question being put, whether such bill should pass into a law of this State,
it passed in the negative.
On the same day, at the request of the Governor and Council, both
Houses joined in a committee of the whole to consider three bills on
which the two Houses had disagreed, — among them the one last above
named. The committee of the whole agreed by a majority on all the
bills, among them as follows:
Resolved that this Committee recommend to the Legislature to pass
the following resolution viz. — Resolved that his Excellency the Governor
be requested to commence a correspondence with the Governor of the
province of Quebec and endeavour to open a trade between that province
and this State.
After the Governor and Council had retired, the Assembly resolved
not to accept of the above resolution of the committee of the whole.
The Assembly adjourned without day on the 9th of March, and on the
10th the Council adopted the following:
Resolved, that his Excellency the Governor be, and he is hereby re-
quested to take such Measures as he shall judge best, for opening Trade
with the Province of Quebec.
In Council, April 12 1784.— Resolved, that His Excellency the Gov-
ernor be requested to call on Colonel Ebenezer Allen, to take Posses-
sion of a place called Dutchman's Point, as soon as the same shall be
1 Act in Debates in Congress, old series, Vol. XI, p. 2409.
396 Appendix Gr.
evacuated by the British Troops. And also that the Governor write to
General Haldimand on the Subject.1
This project for negotiations was resumed in October with better suc-
cess in the Assembly. The following extracts are pertinent to show
what were probably the reasons:
The Vermont Journal of June 30 1784 said:
By accounts from Canada we are informed, that all commercial inter-
course for the present is strictly prohibited for reasons unknown to any
but their leaders. No goods can pass on York side without paying the
duty.
A letter from Canada to a gentleman in New York city, dated June
12 1784, copied in the Vermont Gazette of July 12, said:
Our General Haldimand is one of the most curious old women you
ever heard of. In consequence of a tale told him by a Captain Mure,
who was insulted in New York last tail, he has refused to deliver up
Michilimackinac, has sent Gov. Hayes [John Hay] to re-command De-
troit, and refuses passes to all who apply lor them to come over the
Lakes to Albany or York.
July 19 1784, a gentleman from Montreal reached Hartford, Conn.,
and reported thus:
No person is allowed to pass from Canada into these States without a
written permission, and all our Indian trade into that province is abso-
lutely prohibited.
In Council, Oct. 27. — Unanimously Resolved that this Council do
take this method to recommend to theHonb,e General Assembly to adopt
such measures as may appear to them to be most Eligable for Opening a
free Trade & commerce with the Province of Quebec upon Terms of
Reciprocity.
By order of Council, Jonas Fay, Secrv- P. T.
In General Assembly, 27th October 1784. — The question being put
wheather this Assembly would Adopt measures as is Recommended in
the aforesaid Resolution it passed in the Negative.
RosL- Hopkins, Clk.
True Copy, Joseph Fay, Secy-
In Council, Rutland, 27th- October 1784.— Resolved that this Council
do Recommend it to the Honble General Assembly that the Two Houses
meet and form into a Committee of the whole, as soon as may be, to
Take into Consideration the Utility of Obtaining Licence of the Com-
1 Dutchman's Poinf was on North Hero, half a mile south of Alburgh.
At this Point, and also at Point An Fer in New York, two and one half
miles from Alburgh, the British troops remained for several years, and
as late as Oct 16 1792 they arrested Benjamin Marvin of Alburgh for
officiating as a Vermont magistrate on what they then claimed as British
territor}r. The documents in this case belong, of course, to a later
period than is covered by this volume. The resolution of the Council
in the text is given here to indicate the commencement of a correspond-
ence by Vermont, which was afterward assumed and closed by the
United States.
Appendix G-. 397
manding officer of the Province of Quebeck for the Inhabitants of this
State to pass by the Waters Leading from this State to said Province,
with their Lumber, and to Barter or Exchange Commodities upon
Termes reciprocal with foreign Powers. By order of Council,
Jonas Fay, Secrv- P. Tern.
In General Assembly, October 27 1784. — The above was Read, And
Resolved that this House will join with the Governor & Council 2 ° Clock
this afternoon to Take under consideration the Matter therein contained.
RosL- Hopkins, Clk.
Two o'clock P. M. — Agreeable to order, his Excellency the Governor,
the Council, and General Assembly, joined in a Committee of the whole,
to take under consideration the mode of opening a free trade to the Pro-
vince of Quebec. After some time spent therein, the Committee of the
whole dissolved, and the Secretary brought forward their proceedings
and report in the following words, viz.
"In Grand Committee, consisting of his Excellency the Governor, the
Honorable the Council and General Assembly, upon the business of
opening a free trade with Quebec, His Excellency in thefChair, Micah
Townsend, Esq; Clerk, Resolved, That this Committee recommend to
the General Assembly to take into consideration the utility of taking
measures to obtain licence from the commanding officer of the Province
of Quebec, for the inhabitants of this State to pass by the waters lead-
ing from this State into and through said Province, with their lumber,
and to barter or exchange commodities upon terms reciprocal. Then
the Committee dissolved.
(Signed) Micah Townsend, Clerk."
Which report was read; and thereupon, Resolved, That a Committee
of three, to join a Committee from the Council, be appointed to prepare
a bill for the purposes mentioned in the recommendation of the Com-
mittee of the whole. — The members chosen, Mr. Lyon, Mr. Safford, and
Mr. Weld.
Oct. 28.— A bill, entitled, An act for the purpose of opening a free
trade to and through the Province of Quebec, was brought in according
to order, read and accepted, and sent to the Governor and Council for
perusal and proposals of amendment.1
The Governor and Council concurred on the same day. The following
is the act:
AN ACT for the purpose of opening a free trade to and through the
province of Quebec— [Passed Oct. 29 1784.]
Whereas, many advantages will arise to the citizens of this State, by
extending commerce to the province of Quebec, and through that chan-
nel to Europe: Therefore,
Be it enacted, &c. that the Governor and Council be, and they are
hereby authorised and empowered, to appoint one or more persons, not
exceeding three, to repair to the province of Quebec, with full power to
confer with any person, or persons, that may be authorised therefor, by
any power with whom it shall be necessary to agree, concerning matters
of trade and commerce; and to transact with such person, or persons,
all such matters and business as shall be necessary to complete, on the
part of this State, the opening a free trade into, and through, said prov-
ince of Quebec.
In Council, Oct. 29.— Resolved that three agents be appointed to
Transact the necessary business of opening a free Trade, to foreign
1 Printed Assembly Journal, Oct. 1784, pp. 41, 43, 44, 49.
398 Appendix G-.
Powers, thro the Province of Quebec, Agreable to an Act of the Legis-
lature of this State passed this day, intitled An Act for the purpose of
opening a free Trade to & from the Province of Quebec. And that the
Honble Ira Allen Esqr- Major Joseph Fay & the Honble Jonas Fay Esqr-
be and hereby are appointed Agents or Commissioners for the purpose
aforesaid, one or more of whom shall have lull Power to transact said
business. And His Excellency the Governor is Requested to Grant a
Commission accordingly.
June 3 1785, the Assembly, through its Speaker, requested the Gov-
ernor to report on this subject, who replied that Ira Allen would submit
a report on the 8th. On that day, accordingly, the following report was
submitted to the House, from which it will be seen that Allen had been
to some degree successful, and moreover that he had instituted a negotia-
tion with Great Britain, through the Lieutenant Governor (then acting
Governor) of the Province of Quebec.'
Report on the Mission to the Province of Quebec.
Agreeable to the order of the day, the Honorable Ira Allen, Esq.,
made the following report of his proceedings on his commission to the
Province of Quebec, &c, viz:
To the Honorable the General Assembly now convened at Norwich.
To your message of the 6th instant, I have the pleasure to return the
following answer, viz. That in pursuance to appointment and commission
for the purpose of negotiating and establishing, on the part of this State,
a free trade to and through the Province of Quebec, to Europe, I waited
on his Honor Lieutenant-Governor Hamilton, in the city of Quebec, in
the month of March last, where I was politely received by the Governor
and members of the Legislative Council of said Province. I laid before
the Governor a duplicate of my commission, together with a copy of an
act of the Legislature on said subject. The Governor convened the
Council ; and, after deliberation, informed me, that the powers vested in
them were not competent to the establishing a treaty of commerce; but
showed a willingness to do anything that might be consistent, to facilitate
such treaty. I wrote an address to the Governor on the subject, which,
together with the act of the Legislature, and duplicate of my commis-
sion, was sent to his Majesty. Sundry letters were wrote and sent to
correspondents in London on the subject. I expect to be informed by
writing from Quebec of the returns from London. In the mean time
the produce and manufactures of this State are admitted into the Prov-
ince of Quebec, and the produce, manufactures, and merchandize, of
the Province of Quebec and Great Britain, are admitted into this State;
peltry excepted, which being contraband, are forfeited if detected; as
also many other articles of foreign growth and manufactures, if attempted
to be carried in, and detected, from this way. A moderate fee is payable
to the Custom-House Officer at St. John's, for the trouble of examining
and clearing our boats.
I have the honour to be, with due respect,
your most obedient humble servant,
(Signed) Ira Allen.
Norwich, June 7, 1785.
Which being read, a motion was made by Mr. Knight; whereupon,
Resolved, That the Honorable Ira Allen, Esq., be requested to lay be-
fore this House, at the opening of the House to-morrow morning, an
1 Printed Assembly Journal, June 1785, pp. 6, 10, 11, 16.
Appendix G-. 399
account of his expences, and days in service, in negotiating the business
of his appointment as a Commissioner, for the purpose of negotiating a
free trade, on the part of this State, to the Province of Quebec, and
through the same to Europe.
Ordered, That Mr. Barlow wait on the Honorable Ira Allen, Esq. with
the aforesaid resolution; and likewise request him personally, as Sur-
veyor-General, to make report of his proceedings therein; likewise the
expenses that have accrued in surveying.
On the 9th, Mr. Tichenor asked and obtained leave to bring in a bill
to repeal the act uuder which the foregoing negotiation had been insti-
tuted; which was introduced on the 13th, accepted, and sent to the Coun-
cil for perusal and proposals of amendment. On the 17th the bill was
returned to the House, with an adverse opinion by the Council, when,
after some debate, it was referred to the next session. l-
In Council of Censors, Oct. 7 1785. — Resolved, that it be, and here-
by is recommended to the Honorable the Legislature, to alter an act
passed 29th October, 1784, entitled " An act for the purpose of opening
a free trade to and through the Province of Quebec," so far as to provide
that no further expense shall accrue to the State by any proceedings
thereon; this Council conceiving it unreasonable to tax the inhabitants
of the State at large to defray the expense of a treaty, the benefits of
which will be partial and confined to a few individuals.2
In Council, Oct. 26 1786.— On motion of the Hon. Ira Allen, Esqr.,
respecting a Commercial Treaty with the Provinces of Canada and Great
Britain, requesting that Mr. Levi Allen be appointed in lieu of Joseph
Fay, resigned, therefore Resolved, that Mr. Levi Allen be and he is here-
by appointed in lieu of said Joseph, and that Levi Allen's name be en-
tered in said Commission for that purpose.
The following, from the Vermont Gazette of Nov. 20 1786, undoubtedly
refers to the commissioners who had been appointed by Vermont to ne-
gotiate in respect to commerce. The commissioners at that time were
Ira Allen, Jonas Fay, and Levi Allen; but there is no indication that
Doct. Fay ever visited Canada on this business. Both of the Aliens
acted zealously in the matter, and doubtless are the persons alluded to :
Boston, Oct. 30 [1786.]
Extract of a (private) letter, dated Halifax, Oct. 10.
The information I have given ought to be kept secret for my sake, and I
communicate in the greatest confidence that it will not be divulged;
but depend upon it, troops are pouring in ]STova-scotia and Canada, from
home, every day — the posts in the U. S. are daily fortifying — the gar-
risons are increased. — Commissioners from Vermont are, at this moment,
in treaty with the British Commissioners at Montreal, to bring about an
union with the old government: A storm is gathering over your repub-
lics, more terrible than they have ever experienced; nay, the thunder is
now on the point of breaking upon your heads. — God grant that you
may get seasonable and authentic intelligence, that you may be prepared
to resist the shock.
1 Printed Assembly Journal, June 1785, pp. 21, 29, 40.
2 Slade's State Papers, p. 515.
400 Appendix Q.
A writer in the same number of the Gazette seems, from the following,
to have been suspicious that this and other reports causing alarm and
discontent came from New York:
It is currently reported, and the report gains credit, that secret emis-
saries from New York, and creatures corrupted by their influence, are
secretly at work in every part of this State, fomenting uneasinesses among
the people, and promoting insurrections. The first essay is said to be to
raise a jealousy respecting us in the United States, by industriously
spreading reports that we are in secret treaty with Great Britain, and
on any future emergency shall espouse her cause ; and then, under
specious pretences, to raise cabals in this State, induce the unwary to
join in their nefarious schemes, to rise in opposition to legal authority,
and stop the course of justice.1 Arise ye freemen of Vermont ! Defend
your injured independence ! Let no insidious foe precipitate your ruin,
by persuading you to raise the arm of desperation against your own life!
liberty! and property!
Had Levi Allen been commissioned as agent for Vermont at this time,
his known character for toryism and indiscretion might raise the pre-
sumption that Ihe statement in the letter from Halifax originated with
him ; but his testimony is, that he did not receive his commission until
a month after the letter had been written, and moreover that his busi-
ness was to secure free trade with and through Canada. This was all that
had been authorized by Vermont, and anything beyond that by either of
the agents was therefore unofficial. — See post, extract from Ira Allen's
History, and Levi Allen's memorial to the General Assembly of Vermont,
Oct. 25 1791. In reference to the military movements mentioned in the
letter from Halifax, it is sufficient to say, that Great Britain persisted
in holding and garrisoning the posts from Oswegatchie [Ogdensburg]
to Michilimackinac, on the ground that the United States had violated
certain treaty stipulations on their part ; and in a letter to Congress,
Oct. 13 1786, the secretary for foreign affairs [John Jay,] fully justified
Great Britain for so doing.2 On the other hand, Congress was alarmed
by indications of Indian wars, in both the north-western and southern
portions of the country, and, Oct 20 1786, unanimously resolved to add
1340 to the 700 troops then employed at the military posts.3
In Assembly, Feb. 16 1787.— The Governor laid before the House a
letter from the Hon. Wm. Smith. Esq., dated Quebec, Dec. 9th 1786; also
a letter from John Kelly, Esq.; also a letter from Levi Allen, one of the
commissioners for negotiating a free trade to and through the Province
1 The attempt to break up the court in Windsor County was made on
the 31st of Oct. 1786, and in Rutland county on the day after the publi-
cation of the above article.
2 Secret Journals of Congress, Boston edition of 1821, Vol. 4, pp. 186-
189, 280.
3 Journals of Congress, Folwell's edition, Vol. xi, pp. 186-188.
Appendix Gr. 401
of Quebec, with his proceedings agreeable to his appointment; which
were read and referred to committees. *
It appears from the journal of the Council, that Lord Dorchester2 re-
turned Allen's commission, " for regulating trade and commerce," and
that Chief Justice Smith's letter was in reference to " his lands in this
State, with a stating of the same by John Kelly, Esqr." The committee
on Judge Smith's letter reported,
That his Excellency, by advice of his Council, be requested to answer
the several matters specially mentioned in Mr. Smith's letter, and in par-
ticular to assure him that this government have in all their official trans-
actions inviolably adhered to the articles of treaty which he refers to.8
The letter of Chief Justice Smith and the reply of the committee can-
not be found, but the ground of Smith's complaint and the substance of
the answer may be reasonably conjectured. Smith claimed land in Put-
ney, and had ousted Andrew Graham. At the June session of the As-
sembly, 1785, an act was jpassed quieting Graham in the possession of the
land, by vacating the judgments against him, but providing that the act
should not be a bar to preclude any person from ejecting him who should
produce a good title to the farm. The committee had reported that it had
not been made to appear that Smith, or any one holding under him, had
a good title to the farm, and concluded by stating their opinion "that the
said Andrew ought to be quieted in his possession until he receive a
reasonable compensation of his labor." Smith, being then a British sub-
ject, undoubtedly claimed that this act was in violation of the fourth and
fifth articles of the treaty of peace of 1783, which provided that creditors
in either country should meet with no impediment in the collection of
debts, and that Congress should earnestly recommend to the several
States to provide for the restitution of confiscated estates belonging to
British subjects.4 The reply might have been two-fold : first, that Ver-
mont was neither a party to the treaty, nor subject to Congress; and
second, if it were otherwise, that Smith was simply held, as all citizens
and landholders of the State were, to prove his title and to respond to
Graham for his betterments. The substance of the reply in fact was,
" that this Government have in all their official transactions inviolably
adhered to the articles of treaty which he referred to." Judge Smith
referred also to " lands entrusted to his care," as in Bradford, and per-
haps other land in Vermont included in the New York grants; but the
case of Graham was probably the particular source of grievance at that
1Ms. Assembly Journal, Vol. 3, p. 81.
2 Sir Guy Carleton had become Lord Dorchester.
3 Ms. Assembly Journal, Vol. 3, p. 87.
4 See printed Assembly Journal, June session 1785, p. 46; Slade's State
Papers, p. 500; and Secret Journals of Congress, Boston edition of 1821,
pp. 334, 335.
27
402 Appendix Q-.
time. Smith's claims under New York grants were ultimately settled
with like claims of others. He received $1181.69 of the thirty thousand
dollars paid by Vermont, to New York.
John Adams to {Secretary John Jay. — Extract.1
London, 19 April 1787.
Dear Sir, — I do myself the honor to inclose the new act of parliament
for regulating trade between the territories of the United States of
America and the dominions of the King of Great Britain, by which Con-
gress will see that the same system continues, and is fortified with fresh
provisions. Provisions and lumber, the growth or production of the
United States, are now prohibited from any foreign island. The West
India planters and merchants complain to no purpose.
The Canada merchants give out that there is some negotiation on
foot between Lord Dorchester and Vermont, the object of which is to
give vent to the productions of that territory through Canada and the
river St. Lawrence, that the West Indies may derive some assistance
from that source.
Simultaneously with this letter in point of tima, Lord Dorchester, in an-
ticipation of action by the legislative council of the Province, issued a proc-
lamation for the free admission to Canada, from the neighboring Amer-
ican States, of the very articles which the British parliament had prohibit-
ed by the act referred to by Mr. Adams. A distinction was thus made be-
tween internal commerce, by land or water, and commerce on the high
seas, for the obvious purpose of securing the fur trade to the British,
and giving the freight of American products to British ships.
Proclamation by Lord Dorchester, April 18 1787.2
Guy, Lord Dorchester, Captain General, and Governor in Chief of the
Province of Quebeck, &c. &c.
To Thomas Ainlee, Esq; Collector, & Thomas Scott, Esq; Comptroller,
and other officers of the customs of the province of Quebeck: It being
represented to me, that a commercial intercourse may be carried on be-
tween this province and the neighbouring States, to the advantage of
this province and of Great Britain, under certain restrictions, by land,
and the inland navigation on the route and communication through lake
Champlain: You are accordingly authorized and required, until ordi-
nances can be obtained, for the more fully regulating the said inland trade,
with the neighbouring States, to permit the free importation by that
route of masts, yards, bowsprits, spars, oak or pine planks, boards, knees,
ship timber, hoops, staves, shingles, clapboards, or any sort of lumber;
pitch, tar, turpentine, or tallow, or any kind of naval stores; hemp, flax,
and their seeds, wheat, rye, indian corn, peas, beans, potatoes, rice, oats,
barley, and all other species of grain; horses, neat cattle, sheep, hogs,
poultry, and all other species of live stock and live provision, and what-
ever else is the growth of the said States; and you are also authorized and
required, to permit the free exportation from this province, into the said
States, or either of them, of any article of the growth, produce or man-
ufacture of this province, or of any other of the dominions of Great
Britain, furs and peltry of every kind excepted : And you, and the
several officers concerned, are, at the same time, strictly charged and
1 Life and Writings of John Adams, Vol. vni, p. 438.
8 Vermont Gazette of June 18 1787.
Appendix Gr. 403
ordered, in all things to conform yourselves to the act of parliament,
granting authority to his Majesty for issuing his royal orders in council,
regulating all importations, into this province, by sea, and to cause the
several laws made for preventing the bringing any foreign rum or spirits,
or (except from Great Britain) any goods or manufactures of any for-
eign European countries, or of Asia, into this province, or any other of
the British provinces and colonies, to be duly and effectually enforced.
Given under my hand and seal at arms, at the castle of St. Lewis, at
Quebeck, the 18th April, in the 27th year of his Majesty's reign, and in the
year of our Lord 1787. Signed, Dorchester.
Ordinance of the Governor and Legislative Council of the Province of
Quebec, April 30 1787. l
AN ACT or ORDINANCE, for the importation of tobacco, pot & pearl
ashes, into this province by the inland communication by lake Champlain
and Sorel.
Be it enacted by his excellency the governor and the legislative council,
and it is hereby enacted by the authority of the same, That the trade and
intercourse between this province and the neighbouring states or any of
them, by the route aforementioned, for the importation of leaf tobacco,
pot and pearl ashes, shall be free if the same be of the growth and pro-
duce of any of the said states, and bona fide for the re-exportation of the
same from this province to Great Britain. And no tobacco shall be so as
aforesaid imported, otherwise than in hogsheads, casks, chests or cases,
each hogshead, cask, chest or case whereof, shall contain four hundred
and fifty pounds weight net of tobacco, at the least, not packed in bags,
or in any other packages within said hogshead, cask, chest or case, not
seperated or divided within such hogshead, cask, chest or case, respect-
ively, by any package or otherway howsoever, upon forfeiture of all such
tobacco, as shall be so imported contrary to this act, together with the
hogsheads, casks, chests, cases or packages containing the same. Pro-
vided always, & be it further enacted, That nothing in this act shall extend
or be construed to extend to forfeit any tobacco imported or brought in
loose by the communication aforesaid, by water or by land, for the use
of the person or persons employed in bringing in the same, or any pas-
senger in the boat or carriage, not exceeding two pounds weight for each
person or passenger.
And the regulations aforesaid requiring due entry of such tobacco,
pot and pearl ashes, at the custom house at St. John's on the said com-
munication, Be it also enacted by the same authority, that all boats, car-
riages and conveyances, shall be subject to visitation by the officers of
the customs, or either of them, at St. John's aforesaid, & bonds given
for the re-exportation of such tobacco, pot and pearl ashes, to be void
upon proof thereof by certificate or otherwise, and that no higher fee
shall be exacted for such entry and bond and the office expedition [in-
spection] of the ladings aforesaid respectively, than the sum of a Spanish
milled dollar for the cargo of a boat of the burthen of fifteen tons, and
the half of such dollar for any smaller vessel or other conveyance. And
in the case of such lading being by a raft the fee of two shillings and
nine pence on the entry of every seperate importer.2 All which for-
1 Vermont Gazette of June 25 1787.
2 The pine timber was sent down the lake and rivers in rafts, and
doubtless these were used for the transportation of pearl and pot ashes.
The pine timber and the ashes constituted by far the largest part of the
404 Appendix G.
feitures shall be recoverable, and divided in the manner directed by the
statutes regulating the forfeitures under the statute regulating the im-
portation of any spirits or other articles by the port of St. John's
aforesaid.
And to the intent that if it shall be found by experience that the pro-
visions of this act work any inconvenience to the public interests, the
same shall cease and be void on proclamation to be issued by the gov-
ernor or commander in chief, with the advice of the council, under" the
great seal of the province, declaring the same.
Dorchester.
Enacted and ordained by the authority aforesaid, and passed in council
under the public seal of the province, at the council chamber in the castle
of St. Lewis, in the city of Quebec, the thirtieth day of April, in the
twenty- seventh year of the reign of our sovereign lord George the third, by
the grace of God, of Great Britain, France and Ireland king, defender
of the faith, & so forth; and in the year of our Lord one thousand seven
hundred and eighty-seven.
By his Excellency's command, J. Williams, C. L. C.
It will be observed that the privileges accorded by the foregoing docu-
ments were not in terms limited to the people of Vermont, and that no
intimation is made that they were in response to any application of Ver-
mont ; yet it is certain that the advantages were almost exclusively en-
joyed by the people of this State, and it was asserted in a memorial of
Levi Allen to the General Assembly in 1791, that they were conceded at
the request of Vermont. The reason of this not being avowedly so, ap-
pears from a statement of a correspondent of the Vermont Gazette of
Dec. 10 1787, to wit: "Lord Dorchester cannot tolerate any seperate
intercourse with the people of Vermont without infringeing the peace
[the treaty] of 1783.'' That treaty included Vermont within the bounda-
ries of the United States, and Lord Dorchester and the British govern-
ment might well deem it improper to treat with any body other than the
proper agents of the government of the United States. It is true that
Vermont was then practically independent of Congress, as she was not
a member of the confederation; but confessedly she was so temporarily
only, because she was constantly prepared for admission to the Union at
the earliest moment practicable. This delicacy, however, need not and
did not prevent Lord Dorchester from listening to the representations
from Vermont, or from granting privileges which he deemed to be ad-
vantageous to his own people and government as well as to them, in a
way which could give no offence to Congress. The same policy was
adopted by him a year later.
exports from Vermont for many j^ears. So considerable had the trade
in ashes become, that on Jan. 26 1791, an act was passed by the Vermont
Assembly for the appointment of inspectors of pot and pearl ashes offered
" for exportation," which were to be branded, and the quality of the
ashes certified. On the next day seven inspectors were appointed, one
for each county.
Appendix Gr. 405
Ordinance of the Governor and Council of the Province of Quebec.
April U 1788. »
AN ACT or ORDINANCE, further to regulate the inland commerce
of this Province and to extend the same.
Whereas a commercial intercourse with the neighbouring states to a
certain extent, was opened in the course of the last year, and it is con-
ceived that it may, under due restrictions, be made useful to this province
and to Great Britain:
Be it enacted therefore by his excellency the governor and the legislative
council, and it is hereby enacted by the authority of the same, That all goods,
wares, and merchandises (beaver, peltries and furs excepted) of the
growth and manufacture or product of this province, or of any other the
dominions of Great Britain, and such as may lawfully be imported into
this province by sea, may be exported therefrom by land or inland navi-
gation, to any of the neighbouring states, free from duty, impost or re-
straint. And there shall be the like freedom of importation from the
said states into this province, if the same be made by the route or commu-
nication of Lake Champlain and the river Sorel or Richelieu, and not other-
wise, of the following enumerated articles, that is to say, masts, yards,
bowsprits, spars, plank, boards, knees, futtocks, or any kind of ship tim-
ber, hoops, staves, shingles, clapboards, trees, wood, lumber, pitch, tar,
turpentine, tallow, hemp, flax, and any kind of naval stores; seeds, wheat,
rye, Indian corn, beans, peas, potatoes, rice, oats, barley, and all other
kinds of grain; butter, cheese, honey, horses, neat cattle, sheep, hogs,
poultry, and other live stock, and live provisions, and fresh fish; and
whatsoever is of the growth of the said states; and gold or silver coin or
bullion.
And be it further enacted by the same authority, That the importation
by land or the inland navigation into this province, of rum, spirits, cop-
per-coin, and all other goods, wares, and merchandises not enumerated
as aforesaid, be prohibited, and such articles seized and forfeited, to-
gether with every of the enumerated articles above mentioned, if the
same shall not have been imported by the route or communication afore-
mentioned.
And be it enacted by the same authority, That the exportation of beaver,
peltry and furs into any of the neighbouring states be prohibited, and that
the same shall be liable to seizure and forfeiture upon due proof of their
being in the way towards either of the said states, with intent to be export-
ed to the same by land or water ; and it shall be conclusive evidence of
such intent, if any person be found in the way to either of the said states,
in any place between the south side of the river St. Lawrence, and south-
ermost extent of his majesty's government, with beaver, furs or peltries,
and without a certificate from one of his majesty's justices of the peace,
certifying that oath has been made before him by the owner or proprie-
tor, or his factor or agent, that the same beaver, peltries and furs are
not intended for such exportation ; and every person aiding and assist-
ing and directly or indirectly interested or concerned in any attempt to
make such exportation, shall incur a fine of ten shillings for every pound
weight of beaver, and ten shillings for every skin of furs or peltries, so
exported or attempted and intended to be exported.
And for prohibiting still more effectually the exportation of beaver,
peltries and furs, be it also enacted by the same authority, That all and
every person or persons who shall export, or shall be aiding or
assisting or directly or indirectly interested and concerned in exporting
' Vermont Gazette of June 2 1788.
406 Appendix G.
to the said states by any route from any other part of his majesty's gov-
ernment, to the westward of St. Eegis, any beaver, furs or peltries of
any kind, such person or persons shall forfeit and become liable to pay
thrice the fines and penalties above mentioned.
All which forfeitures, lines and penalties shall be recoverable and be
divided, applied, or disposed of, as directed by the statute of the four-
teenth year of his majesly's reign, chapter eighty-eight, respecting the
forfeitures and penalties therein mentioned.
Provided always, and it is also hereby enacted by the authority aforesaid,
That nothing in this act contained, shall be construed to affect travellers
to and from this province and their servants, boats, carriages, and neces-
sary baggage (not including any article whatsoever for trading purpo-
ses ;) nor the effects of any kind of such persons coming to settle in this
province, or others, as shall have permission, in the manner therein to
be expressed, of the governor or commander in chief, for the time being,
under his hand and seal at arms ; nor to affect the importation of any of
the said enumerated articles, by any route and communication to such
posts, places and districts, and under such restrictions, and for such
periods, as the governor and commander in chief, for the time being,
may conceive to be expedient for the common weal, and from time to
time declare and make known by proclamation under the great seal.
And it is also enacted by the same authority, That it shall be the
duties of the officers of the customs to execute this act in the manner of
executing any of the statutes made for the regulation of the plantation
trade ; and they shall be intitled to all such aid and assistance therein,
as they are entitled to, and may demand, under all or any of the statutes
aforesaid.
And be it further enacted, by the same authority, That for every certifi-
cate to be given by a magistrate as aforesaid, he shall be intitled to the
fee of one shilling, and shall not receive therefor more, under the pain
of extortion, and that any magistrate granting a certificate wickedly,
knowingly and fraudulently to abet and effect the exportation of beaver,
peltry or furs forbidden by this act, and thereof duly convicted, shall be
liable to such fine and imprisonment, as the court of king's bench may
impose and adjudge, and thenceforth be incapable of any office, place or
employment in his majesty's government : and that a wicked and cor-
rupt oath, for obtaining a certificate, fraudulently to effect such prohib-
ited exportation, shall upon conviction expose the offender to the pains
and penalties of false swearing and perjury : and such as advise, encour-
age, and persuade, to bring about such wicked, fraudulent, and corrupt
swearing, to the pains and penalties of subordination [subornation] of
perjury. Dorchester.
Enacted and ordained by the authority aforesaid, and passed in council
under the great seal of the province, at the council chamber in the Castle of
Saint Lewis, in the city of Quebec, the fourteenth day of April, in the
twenty eighth year of the reign of our soverign lord GEOBGE the III,
by the grace of God, of Great Britain, France and Ireland king; defender
of the faith, and so forth; and in the year of our Lord one thousand seven
hundred and eighty-eight.
By his excellency's command. J. Williams, C. L. C.
By still another act of the Governor and Council of the Province of
Quebec, passed in 1790, pig iron was admitted free of duty ; doubtless
by the same channel of communication, and with similar conditions as in
the preceding acts. This appears from the following in the Vermont
Gazette of June 7 1790:
Appendix Gr. 407
By a late act of the governor and legislative council of the province of
Quebec, in addition to an act for regulating the inland commerce of that
province, it is enacted, that the free importation of pig-iron be per-
mitted, provided, "every pig of iron so imported shall be marked in
the moulds, in legible letters, VERMONT."
Probably only so much of the act as applied to Vermont was quoted.
It is hardly conceivable that Vermont iron alone was covered by the
act, but rather it is to be presumed that this act was consistent with those
relating to other products, and therefore made no discrimination in
favor of any state.
Ship Canal from the St. Lawrence River to Lake Champlain,
and other matters discussed by the commissioners
of Vermont.
[From Ira Allen's History of Vermont, in Vt. Hist. Soc. Collections, Vol. I, p. 467.]
On the news of peace in 1783, between Great Britain and the United
States, finding that the territory of Vermont was included within the
boundaries of the latter as relinquished by the former, the Governor and
Council appointed Colonel Ira Allen their Commissioner,1 to concert
measures with the Legislative Council of Canada for opening a free
commercial intercourse with that province ; but the most essential part
of his mission was to confer with the Commander in Chief, General Hal-
dimand, with respect to the views of the British Government, as applied
to Vermont in particular, and the United States in general. It is to be
observed, that many propositions had passed between the agents of
Great Britain and Vermont, respecting Vermont's being a colony un-
der the crown of England ;■ that by the preliminaries of peace Vermont
was within the territory conceded to the United States as aforesaid ;
that she had dissolved her unions with them,3 a part of her consequence,
and was not received into the confederacy of the United States. In this
situation, completely independent, and not in alliance or connexion with
any power on earth, she had cautiously avoided contracting much debt ;
therefore wisdom dictated moderation, that she might take advantage
of whatever circumstances should arise frcm the new order of things ;
that considering the multiplied debts the United States had contracted,
in the course of their struggles for independence; that their constitution
had not sufficient energy to govern an extensive country in time of
peace ; consequently a new constitution would be necessary in the
United States, the formation and ratification of which, the liquidation
and settlement of the public accounts, providing ways and means for dis-
charging the same, were respectively arduous tasks ; and the more so,
when it was considered that the sense of danger from without gave rise to
new discords within, and between the States a difference in political
*Ira Allen alone seems to have been appointed in March 1784 on this
business. He was one of the three commissioners appointed in October
1784, and probably the only one actively engaged until Levi Allen was
commissioned in October 1786.
2In the Haldimand Correspondence, Appendix I, Vol. n.
3The unions with part of New York and New Hampshire in 1781. —
See Vol. ii.
408 Appendix G.
sentiments and interests might be difficult to reconcile. What influence
British agents would have, or what their objects might be, in the United
States under these circumstances, was also a question. Under these
impressions, the Governor and Council of Vermont instructed Colonel
Ira Allen, at different times, to repair to Quebec, to confer with Gov-
ernor Haldimand, his successor, &c, on the preceding matters, and to
advise for the best good of Vermont ; the result of which was, that it
was adviseable for Vermont to consolidate the interest of her citizens,
on one common principle, and admit of no titles to lands, but those de-
rived from New Hampshire, their subsequent confirmations, on the
same grounds, from New York, that were in some instances made near
Connecticut Kiver, and the Grants made by Vermont ; and to form no
connexions with the United States for the time being, or until the
United States should establish a more permanent constitution, liquidate
and provide ways and means for the discharge of their debts. This
policy being adopted by certain persons in Vermont, was steadily pur-
sued by them.
Levi Allen claiming to be an Agent of Vermont in England.
Levi Allen went to England in 1789, and in August of that year he
challenged Maj. Edward Jessup, in London, to meet him at a fixed time
and place with a case of pistols and a gentleman to act as second. Allen
wrote that this challenge was in vindication of his honor as a private
gentleman, "as well as that of the public character,1'' he had the honor to
act in, " on behalf of Vermont." It is clearly evident, however, from his
letters to Ira Allen and the Allen family, that he had no commission
from Vermont, but was in England to operate for his own advantage
under a pretence of doing a service to the public. The following letter
shows that he had no commission from Vermont, and his anxiety to ob-
tain one, or something that would pass for one.
Levi Allen to Ira Allen. — Extracts.1
London, June 25, 1789.
I can get an act of parliament for cutting a canal from St. Johns in
the most convenient place, and am pretty certain government will lend
eight or ten thousand pounds to forward the business. Whether the
business was ever done or not, it is immaterial ; this I know, if I had the
money I could make my fortune, or rather make our fortune, and the
game too, and repay the money. * * *
I want you to get an act of the general assembly [of Vermont,] or
from the governor in council, under the seal of the state, printed and
fairly made out, proposing to cut said canal, and appointing me their
agent, fully authorized to apply for an act of parliament, * * *
obtaining license, full leave, liberty and assistance to cut the same. The
word assistance being inserted, I can make it answer my purposes here,
perhaps, and the Vermonters not know what I intend. You can cook
the matter with the Secretary. * * *
The canal can and will be cut. But after getting the grant and
money, if the business should be put off one year to prepare, "provision,
&c. that the same may be done to better advantage, in the meantime
1 Vermont Historical Magazine, Vol. i, p. 572.
Appendix Q-. 409
the matter of trade going on with energy and force, will carry all before
it like a torrent of mighty, rushing waters, that by the second year we
can cut canals or any thing else we please. * * *
As I have hinted, settle all matters with Col. [Matthew] Lyon, and
make free with Gen. [Isaac] Clark. Talk about a Vermont company in
trade. Be thick with the governor and his son [Gov. Chittenden, and
* *
probably his son Noah,] on the subject of trade.
If matters should work so bad nothing can be done with the public,
[the Vermont government,] send me a power of attorney to contract for
you, and in your name, and git eight, ten or mor« to sign the same,
with the governor's name as a signer, acknowledged before the secretary
of state, under the seal of Vermont. You know how, but let the whole
be bona fide ipso facto, if possible, but at any rate let me have something
of the kind well done, for I have no idea of leaving England till some-
thing is actually done, and I really believe shall send you this season a
cargo of salt and something handsome as to goods to suit the state. If I
can get a good assortment shall come along with them, even if I return
by the same ship, and bring Nancy [his wife] along with me.
That Levi Allen got neither a commission from Vermont, or power
of attorney from Ira Allen, is evident from a letter of Levi, dated Lon-
don 2d August, 1789, and addressed "To all the survivors of the Allen
family, if any." In this letter he wrote, that he had sent " a bunch of let-
ters and passage scribbling, six other previous letters by packets;" that
he had received not a " silable written or verbal line " in reply; and com-
plained that these "omissions" were unpardonable, not only because his
feelings were sensibly touched through anxiety, but also because they made
him appear "ridiculous to the discerning part " there— i. e. to those to
whom he had made professions of being an agent of Vermont. How-
ever distressing to the complainant these "omissions" were, it is quite
evident that they were creditable to Ira Allen, and the other public
men in Vermont who were referred to in Levi's letter of the 25th of
June.1 Still more conclusive proof that Levi Allen never had a com-
mission from Vermont, except the one issued in 1786 for use at Quebec,
is found in the following:
Memorial of Levi Allen to the Genet al Assembly of Vermont, Oct. 25 1791.
To the Honble General Assembly of the State of Vermont, at Windsor
convened.
The memorial of Levi Allen humbly she weth That by Virtue of an
act of the Legislature of Vermont, The Governor with the advice of
xThat Allen succeeded in getting money and goods in England is
evident from the facts that he went to Savannah, Georgia, as a merchant,
and from thence wrote, on the 29th Nov. 1790, that " Every thing has
succeeded to the most sanguine expectations;" and still more clearly
from the following, which was written while he was in jail at Quebec,
in 1792:
After crossing the Atlantic four times, twice loading a ship of 300
tons, working myself into the good graces of first characters of Gt.
Britain, getting annual money, &c. &c, I expect a dram of comfort or
a dram of aquafortis in a few days. — Vt. Hist. Magazine, Vol. I, p. 573.
4i0 Appendix Gr.
Council on the 8th day of November 1784, Granted a Commission under
the Great Seal of this State, to me directed, for the Purpose of opening
a free trade into and thro' the Province of Canada, as by Said coram11
will appear; That your memorialist received said commn at Sl- Johns on
or about the 27th day day of November 1786, and within four days after
Set out for Quebec to Execute the Same, where he waited on Lord Dor-
chester, and after sundry conferences respecting commerce, Lord Dor-
chester observed the Legislative council would meet him in Quebec in
thirty days, and that if your memo8* would make out the wishes of Ver-
mont in form, he would lay the Same before the council, which was ac-
cordingly done, and your Memorialist returned after being absent on
the business forty Seven days; and in the mean time transmitted to
Governor Chittenden a copy of what your raeraost had laid in before
Lord Dorchester & Council at the same time informing by letter the
Probability of Success. That your memorialist Zealous to execute the
business Sometime after waited on Lord Dorchester & Council at Que-
bec, but as your memorialist hath not his Papers with him respecting
the Said negociation cannot at this distant Period recollect the Prcsise
time of leaving Sl- Johns, but remembers well thirty one days corn-
pleated the business, and the Quebec Ordinance was passed admitting
the articles of Vermont to pass into Canada duty free nearly as Stated
by your memorialist, and all kinds of Merchandise to pass into Vermont
duty free (Peteries [peltries] of all kind only Excepted.) Your memorst
hath been but little in Vermont since performing the aforesaid Service,
and at those trancient Vissits the legislature was not convened; there-
fore your memo8' hath never before made any application for a reason-
able compensation for service done and cash expended in and about the
Premises, agreeably to the directions in the Commission before men-
tioned, and as in duty bound will Pray — Levi Allen.
Windsor 25th Octr- 1791.
Appended to this memorial is an account, sum in blank, for 47 days'
service and expenses in Dec. 1786, and 31 days' service and expenses on
the " 2d- tour." Both memorial and account were verified by oath be-
fore Councillor Brownson. The papers were referred to a joint com-
mittee on the 29th of October 1791, and on the 2d of November the com-
mittee reported that the facts stated were " true in part," l and recom-
mended that the sum of twenty-three pounds ten shillings ought to be
paid to discharge the claim.2 On the same day a resolution was passed
to allow the claim, and Nov. 4 1791, the amount was paid to Jonathan
Hunt on Allen's order.3
•One error there certainly is in the memorial, to wit, the statement
of Allen that he was commissioned in Nov. 1784. He stated that he
did not receive his commission until on or about the 27th of November
1786. In fact he was not appointed commissioner until Oct. 26 of that
year, and in December following Lord Dorchester returned his com-
mission. Hence Allen's " second tour " seems to have been made with-
out a commission. — See ante, pp. 399-401.
2Vt. State Papers, manuscript, Vol. 18, p. 230.
8 Same, Vol. 11, p. 58.
Appendix Gr. 411
Ira Allen's Negotiations in Canada, in 1784-5, and in England, 1795 to
1798, for a Ship Canal.
[From Ira Allen's History of Vermont, in Vt. Hist. Soc. Collections, Vol. I, p. 477.]
Lake Champlain is a noble chart [sheet,] and so deep that ships of
wa- have sailed in it. It is sprinkled with many beautiful, fertile and
well inhabited isles, but it is to be lamented that the wealth of its waves
should be merely confined to the fisherman, when they might be con-
verted to the noblest purposes of trade and useful navigation, for the
mutual benefit of millions, by a navigable cut to .the. river St. Lawrence.
In consequence of an application made by Ira Allen, Esq; of this State,
to General Haldiman, Governor of Canada, in 1784 and 1785, the General
thought so highly of the proposition, that he appointed Captain Twist,
the engineer of that province, to make a survey and estimate the ex-
pence of a canal from the river St. Lawrence to Lake Champlain, which
was executed in 1785. The Captain began his survey at the rapids of St.
John's, and carried it on along the side of the river Sorel to Chamblee,
&c. The estimate of the expense of this cut, sufficient to bear vessels of
two hundred tons burthen, was calculated at £27,000 sterling. The canal
which I now [1798] propose is to extend from St. Therese to the river St.
Lawrence, as laid down in the map annexed to this book, [Allen's His-
tory, London edition of 1798.] The expense may exceed the preceding
estimate; but the excess will be amply compensated as the difficulties of
a narrow winding river, upwards of thirty miles, would be avoided. It
may be necessary to make several surveys to ascertain the best, as the
face of the country is level, and the soil, marly. The waters of Lake
Champlain are higher than the river St. Lawrence, which demonstrates
the probability of the measure. It is impossible to calculate the advan-
tages of this undertaking in a commercial point of view; such an under-
taking would promote agriculture, population, arts, manufactures, handi-
crafts, and all the business of, a civilized state, regulated by, wise laws,
sound policy, a deep sense of religious duty and morality.
To this I shall subjoin the following abstract, taken from j3reneral Al-
len's memorials on this subject, to his Grace the Duke of Portland, &c—
Page 101, Vol. I, of the ship Olive Branch capture.-1
In an interview with his Grace, General [Ira] Allen laid down the ad-
vantages that would mutually result to the two countries, if such a com-
munication should be carried into effect. , His Grace objected to any share
of the expence on the part of the British Government, but expressed his
readiness to receive, and to consider of proposals for carrying the same
into execution on other principles.2 General Allen, in his Memorials,
&c, offered to cut the Canal at his own expence, on condition that he
should be secured in a interest of his money, by an order from Govern-
ment, assigning a tonnage on vessels &c. navigating this Lake, to the
amount of said interest; and that shipping built in said Lake, by the
citizens of Vermont, should be permitted to pass to and from the open
seas, paying such tonnage as should be deemed reasonable on passing
Quebec; that the manufactures, raw materials, and produce of Vermont,
should be permitted to pass to the open sea ; that the manufactures,
goods, &c. of Great Britain, should be permitted to be imported in
1 What follows occurred subsequent to the admission of Vermont to
the Union, and was of course unofficial.
2 For another statement as to the views of the British Cabinet, &c,
see Allen's Address to the Governor and Legislature of Vermont, in
1809, post, pp. 415-417.
412 Appendix Q-.
the shipping of Vermont into the said State, without paying any duty
on such exports or imports, by Act or Acts of the Parliament of Great
Britain, or the Legislature of Lower Canada. That contiguous to said
Lake was a fertile country abounding in lumber, iron ore, marble, &c.
that the soil produced wheat, Indian corn, peas, barley, hemp, grass, &c.
in great abundance ; that the country was erected into a settlement
after the conquest of Canada, by the late Lord Amherst, in 1761, and is
now estimated at a population of 150,000 souls. That Great Britain,
through the medium of the said Canal and Navigation, would, in fact, reap
the advantage of the trade of Vermont, and of the northern part of the
.State of New York, which parts, contiguous to Lake Champlain and
Iroquois,1 would then find it their interest to become a part of the State
of Vermont. That such reciprocal navigation and interest in the Canal,
would cement and promote friendship betwixt the people of the two
Canadas, and those near the Lake and the Iroquois, and would tend very
much to strengthen the Treaty made betwixt Great Britain and the
United States of America in 1794, under which treaty British ships are
permitted to navigate Lake Champlain for commercial purposes. That
in case of war betwixt any powers, except those of Great Britain and
America, the commerce of said Lake might be conveyed to Europe in
Vermont or British bottoms, free from capture, high insurance, or ex-
pence of convoy. Hence the enterprizing inhabitants of Vermont would
find it their interest to support the government of Great Britain in Can-
ada, whilst the remainder would be satisfied with the Canal and com-
merce. In peace or war, it would render the price of salt, English goods,
&c. cheap, and in time of war, the exports of Vermont would bear a
high price, in consequence of the ease and safety of transportation.
The people of Vermont thus situated, would be averse to war ; they
would, in fact, be a neutral body betwixt two great nations; whilst their
Representatives in the Legislature of the United States would oppose
every idea of hostilities between Great Britain and the United States,
on principles of mutual interest; thus the most permanent contracts are
established, aud the blessings of peace and prosperity the rewards.
The said canal would extend navigation 180 miles into a fertile coun-
try, abounding in all kinds of iron ore, suitable to make pig-iron, bar-
iron and steel, marble, white and clouded, copper and lead-mines, fir-
trees,* ash, white and red oaks, cedar, and various other trees. There
are also a variety of rivers, with proper falls to erect iron-founderies, re-
fineries, saw-mills, &c. where pig and bar iron are made; deal boards, mar-
ble slabs, &c. may be sawed by water. Masts, spars, staves, &c. furn-
ished in abundance; of the preceding articles but little use is made for
exportation. Wheat, rye, barley, Indian corn, oats, beans, pease, hemp,
flax, beef, pork, butter, and cheese, are produced, in great abundance.
The farmer in clearing the timber from his lands, can furnish great
supplies of charcoal to serve furnaces, refineries, &c. and furnish large
quantites of ashes to make pot and pearl ashes; these articles may be
furnished cheap by the farmer, which would pay him, in many instances,
for clearing his lands, instead of burning the timber on the ground to
clear his lands.
A ship canal would be the means of importing salt, and exporting the
preceding articles cheap; the remittances that would be made on these
raw materials would enable the merchant to make punctual remittances;
it would draw commerce from the east, that now centers at Boston,
1 Or Richelieu river.
t*Pine-trees in America.]
Appendix 6r. 413
Newbury Port, Portsmouth, &c. and add to the population of Lake
Champlain. These measures would almost, beyond calculation, increase
the commerce at both ends of said Lake, admit that heavy articles would
principally pass the ship canal, yet when the reader takes into consider-
ation the length of the river St. Lawrence, the frozen season, that goods
are seldom imported but once a year to Quebec, that spring and fall ship-
ments are seasonably made to New York, the necessity of making early
remittances, &c. the proprietors of the canal from Hudson's River would
be benefitted by said ship canal, in consequence of the extension of
business; one circumstance that would tend much to draw commerce
form the east to said Lake is, that it is customary for the merchant and
farmer to move most of their heavy goods and produce by sleighs, in the
frozen season; that the changeable weather on the sea coast at Boston,
&c. spoils the sleigh path, so that about one journey in three are lost,
while the more temperate and healthy climate of Vermont insures good
sleighing for two months.
The British merchants and manufacturers know their capitals and con-
nexions, and that the treaty of 1794 permits them to navigate said Lake,
and need not be further informed how to take the advantage of that ex-
tensive business, which is better policy than confining commerce in a
narrow channel, badly calculated for the present day.
In a memorial to the Governor, Council, and House of Representa-
tives of Vermont, dated Aug. 18 1809, Allen stated
That in persuance of legal instructions, from the Governor of Vermont,
in 1795, to purchase military stores in Europe for the use of the malitia
of Vermont, and to obtain a grant for a ship canal from Lake Cham-
plain to the River St. Lawrence, with certain privileges for the ship-
ping of the United States, to pass to and from the open sea, by an act of
the Legislature of Great Britain, your memorialist proceeded to Europe.
For the particulars of the purchase, and capture of military stores, and
proceedings respecting a ship canal, refferences made to the books of
the Olive Branch, &C.1
The words legal instructions in the foregoing extracts, in their connec-
tion with what follows, seem to imply that Allen was acting, in refer-
ence to both military stores and canal, as an official agent of the State,
appointed and empowered by the governor by authority of law; but
nothing could be farther from the truth, as will appear from the docu-
ments referred to by Allen at the close of the extract. The seizure of
the arms had been defended in the British admirality court on the
ground that they were to be used, not in Vermont, but for an armed in-
surrection in Ireland ; and in his zeal to rebut this pretence, which was ex-
ceedingly galling, because while utterly unfounded it was nevertheless
ruining Allen, he used language that was not warranted by the facts.
It was true that Gov. Chittenden had done nothing in this matter that
was illegal; and nothing that was in any -sense improper, but
quite the contrary. In 1794, Vermont passed an act for the reorganiza-
tion of the militia, in accordance with the national militia act, and pro-
vided that all persons subject to militay duty should supply themselves
with arms and equipments. From 1794 for several years the time was
xLetters of Ira Allen, p. 4.
414 Appendix G-.
portentous, war seemed to be imminent, and a lack of means of defence
would strongly invite it. In fact on the 19th of May 1794, in accordance
with an act of congress of the 9th, President Washington had made a
requisition upon the States for troops, and on the 21st of June Gov.
Chittenden had ordered two thousand one hundred and thirty-nine Ver-
mont troops to be organized, armed,, equipped, and held in readiness to
inarch at a moment's warning.1 There was therefore an urgent demand
for military supplies in Vermont and throughout the country, and a
resort to Europe was probably the best way of getting them. These
circumstances warranted the request, or as Allen occasionally says, the
u instructions " of Gov. Chittenden to Allen to procure arms; but it is
evident that Allen was to procure them at his own risk, and did so pro-,
cure them, relying on sales to the Vermont militia to reimburse him.
It is also evident from Allen's statements, that the ship canal was
another private enterprise, to be undertaken by Allen himself on cer-
tain conditions, or by an incorporated company in case a charter could
be procured. The following documents were all published by Allen.
The following documents were exhibited before the High Court of Ad-
miralty in London, with ingenuous arguments by the claimant's counsel,
yet the Judge condemned the said cargo, without the least evidence or
circumstance exhibited in court on the part of the captors.2
[Open Letter from Governor Chittenden.']
miI^ ct^m? „■* I To all people to whom these presents shall come,
Vermont. \ Meeting.
Know ye, that the bearer hereof, the Honourable Ira Allen, Esquire,
of Colchester, in the State of Vermont, in North America, having a dis-
position to go to Europe, I can say, he is esteemed a gentleman of Honor,
a man of business & discretion, [or distinction,] and has, in this state, a
large landed property; was late a Member of the Council of State, and
Treasurer, Trustee of Loans, Surveyor General, Member, & Secretary of
the board of War, Agent to Congress, to the General Courts of New
Hampshire. New YOrk, New Jersey, Pennsylvania, Delaware, & Mary-
laud, and Missioner to the Commander in Chief of Lower Canada, to
settle a Cartel of [for the] Exchange [of prisoners] to settle a truce, &c.
and now first Major General of the Militia of this State, and one of the
Corporation of the University of Vermont — all of which offices and mis-
sions he has discharged with honor & fidelity, which has contributed
much towards the establishment of this government.
1 Vermont Gazette of June 29 1794. The Governor and Council on the
same day recommended the legislature at its next session to provide extra
pay to the Vermont troops, and advised the governor to direct Brig.
Gen. Eli Cogswell of Castleton to command the. detachmets.
2 Ira Allen's Olive Branch, Philadelphia edition of 1805, p. 8; also the
Burlington edition of 1802, p. 7. The two copies have unimportant va-
riations.
Appendix Q-. 415
Given under my hand & seal of this State, at the Council Chamber, at
Windsor, this 27th- day of October, 1795.
Tho. Chittenden.
By his Excellency's Command,
Truman Squire, Secretary.
The above was followed by the contract for arms, several depositions,
and correspondence showing that the purchase was made in good faith
to procure arms for the use of the militia of Vermont. Among the
documents was the annexed deposition from Gov. Chittenden :
I Thomas Chittenden Esquire, Governor, Captain General & Com-
mander in Chief in & over the State of Vermont in the United States,
at Williston in said State do testify & declare, That in November anno
domini one thousand seven hundred & ninety-five, I requested Gen. Ira
Allen to purchase arms and other implements of war in Europe, for the
use of the Militia of this State, and I well knew it to be the intention
of said Allen to purchase said arms & other implements of war for
the Militia aforesaid. And further this deponent saith not. Dated at
Williston this 4th day of May, 1797.
Thomas Chittenden.
Sworn to before Samuel Hitchcock, U. S. District Judge for Vermont,
Gov. Chittenden, to the Vermont Delegation in Congress.
Williston, April 20, 1797.
Gentlemen, If you find it consistent, I wish you to apply to the Brit-
ish Ambassador as soon as you arrive in Philadelphia, & request his good,
offices in favor of Gen. Allen, who has lately had a large quantity of
arms & military apparatus captured on their passage from France to
this country on board the Olive Branch of Boston by the Audacious
man of war. You can with the greatest propriety, assure him that the
arms were intended for the Militia of this State, and purchased at my
request. The loss of them will not only ruin Gen. Allen, but will be
severely felt by the Militia who have been long waiting for these very
arms, and as matters may turn out may have immediate occasion for
them.1
Thomas Chittenden.
The Hon. Elijah Paine, Isaac Tichenor and Matthew )
Lyon Esguires Senators & Representatives from >
Vermont in Congress, Philadelphia. )
Allen referred to " instructions from Gov. Chittenden " in such a way
as to show that he had left them in France. It is of course to be pre-
sumed that there was nothing in the "instructions" inconsistent with
the governor's deposition and letters.
Ira Aliens Address " To his Excellency the Governor, the Honorable
Council, and House of Representatives of the State of Vermont, to Con-
vene in Oct. 1809."— Extracts.2
The Address of Ira Allen, late of Colchester, State aforesaid, now of
Philadelphia in the State of Pennsylvania — Humby Sheweth:
*A special session of Congress had been called for May 15 1797, in
consequence of the aggressive measures of the French Directory. Gov.
Chittenden evidently regarded a war with France as a possible result.
^Letters of Ira Allen, p. 4.
416 Appendix Gr.
That in 1795 he went to Europe, and applied to his grace the Duke of
Portland, one of his Britanic Majestie's principal Secretarie's of state,
for a ship canal from Lake Champlain to the Kiver St. Lawrence, with
the other advantages for the shipping of the United States to pass to
and from the open sea; his Grace and the Prime Minister Mr. Pitt were
in favour of granting such ship Canal, as being interesting to the Mer-
cantile interests of-Great Britain;1 and some bankers and merchants in
London assured me, that in one week after obtaining an act of Parlia-
ment incorporating a company for that purpose, they would cause stock
or shares in such Canal to be subscribed in London to complete such
canal. But some objections were made that suspended the business
for that time. Political events have removed all such objections, and
made such canal much more interesting to both countries than was at
the time of my former applications, and being determined to persevere
in an object that I had many years under consideration: I am in-
duced to apply to the Legislature of the State of Vermont, to be author-
ized in the name and behalf of the State, to apply to the President for
the support of the executive of the United States, to carry into effect such
ship canal, and if neccessary to apply to the British Minister resident in
the United States, or British Government on the subject.
These applications I can make with great convenience, as I shall soon
apply to the President and British Minister for compensation for the il-
legal capture of the cargo of the Olive Branch, and damages resulting
therefrom.2 * * * For further particulars of the case of the
Olive Branch and statements respecting a ship canal, I refer to the in-
closed pamphlets and books of the Olive Branch,3 af'er making a few
leading remarks to shew the interest the people of Vermont have in such
a ship canal being accomplished. Suppose every bushel of wheat sent
to market, through such canal, to be worth fifty cents more, then a Town
that annually raised 2,000 bushels for market would be benefitted 1,000
dollars;4 add this toother exports of corn, beef, pork, butter, cheese,
hemp, iron, &c. and the imports of salt, and other goods in proportion to
2,000 bushels of wheat, another 1,000 dollars probably would be saved.
1 believe most of the fertile towns in Vermont furnish at least 2,000
bushels of wheat for sale. 1 submit for the members of the Legislature
>In a letter to Patrick Wall dated April 12, 1810, Allen named Mr.
Pitt, the Duke of Portland, Mr. Fox, and others in London, as ap-
provers of the scheme. — See letters of Ira Allen, p. 31.
2 For a brief account of this affair, and Allen's consequent ruin, finan-
cially, see Vt. Hist. 8oc. Collections, Vol. I, pp. 322-325.
8 The volumes of the Olive Branch, and pamphlets referred to, are not
in the possession of the State.
4 At the time this address was written, and in the twenty years pre-
ceding, the production of wheat in Vermont far exceeded the quantity
needed for consumption, and the excess was exported. In John A.
Graham's Descriptive Sketch of Vermont, printed in 1797, it was stated
that the yield of wheat in Sandgate was " generally from thirty to forty
bushels per acre." — See p. 58 of that book. Tradition has given a much
larger yield on land now covered by State street, Montpelier, to wit,
eighty bushels to the acre. — See D. P. Thompson's History of Mont-
pelier, p. 42.
Appendix <*\ 417
to make their own calculations, and see if a saving of more than 200,000
dollars a year may not be made by a ship canal, to the people of Vermont.
Ira Allen to Gov. Galusha, Oct. 6 1809.1
Philadelphia, Oct. 6th, 1809.
Sir,— By the newspapers it appears that you will be governor of Ver-
mont by the time this letter arrives in Montpelier, I therefore address
it to you. I have to request that you take an early time to lay my ad-
dress before the legislature, as it may take the members thereof some
time to see the statements I have made on that subject in print, and to
make their calculations on the advantages that would arise to the state
by a ship Canal. This being a national and state question, for public
benefit, I hope that political parties will unite for mutual advantages,2
and that the authority of the Legislature will be sent me by post, on
which I shall immediately repair to Washington, and by the assistance
of the executive of the United States, their Minister in London, with
the assistance of the British Minister with the British Government, and
writing to my friends in London, I have no doubt of obtaining a grant
for a ship Canal, and sufficient funds to complete the same.
I consider this a favourable time to accomplish this object, which I
have been more than twenty years in pursuit of; you will therefore ex-
cuse me for urging a speedy answer, that I may not lose precious time.
I am, with great respect, your Excellencies most obedient humble
servant, Ira Allen.
His Excellency Jonas Galusha, Esquire.
That both the ship canal, and the purchase of arms in 1795-6, were not
undertaken by the state of Vermont is evident from the following ex-
tracts from a deposition made by Allen on the 24th of February 1797:
Appeared personally Ira Allen, Esq. of Colchester, in the County of
Chittenden, and State [of] Vermont, in North America, and a citizen of
the United States, and made oath, that he is the true, lawful, and sole
owner and proprietor of
15,000 muskets, and ) rt„ ♦i^-^v-.,*,.
1^000 bayonets, [ or thereabouts,
21 brass four-pound field-pieces, and
3 gun carriages,
being the cargo laden on board the said ship Olive Branch, &c. * * *
And he further saith, that he arrived in England from America some
time on or about the 2d day of January, 1796, and on or about the 23d
day of said month had a personal interview with his Grace the Duke of
Portland one of his Majesty's principal Secretaries of State, respecting
the cutting of the canal aforesaid from Lake Champlain to the river St.
Laurence, in Lower Canada, which he afterwards, in a correspondence
with the said Minister, pointed out as an object likely to be productive
of great public advantage, as well to Great Britain as to the State of
Vermont, but the deponent being at length informed that his Majesty's
government could not, by reason of the war, undertake to make any ad-
vances of money, he offered, under certain conditions, to cut the said
canal at his own expence, and was thereupon informed, that the plan
1Letters of Ira Allen, p. 6.
a Party spirit had been strong in Vermont for many years, and in 1809
the Jeffersonian republican party had elected Jonas Galusha governor
for the first time, with republican majorities in both houses.
28
418 Appendix G.
would, during the then approaching recess ©f parliament, be further con-
sidered by his Majesty's ministers.^-
Confident as Allen was of restitution from Great Britain for the cap-
ture of the Olive Branch, and also of the construction of the ship canal,
he was disappointed in both. As this closes substantially the record in
these volumes of Allen's various public services, his own estimate of
them is the most fitting pendant. The following is from Copies of Let-
ters to the Governor of Vermont, &c. by Ira Allen, printed at Philadel-
phia by John Binns, for the author, pp. 44-48:
Services of Ira Allen.
When in my teens, I served as a lieutenant with the green mountain
boys. In the spring of 1775, 1 assisted an elder brother, (colonel Ethan
Allen,) in taking British garrisons contiguous to Lake Champlain, which
was the first offensive act in the revolutionary war. I assisted general
Montgomery in taking the garrison of St. John's &c. in Canada, and was
selected by that general as one of two officers to the confidential trust of
making an attack on Cape Diamond, and throwing sky rockets to give
the signal for three other detachments to attack Quebec, on that ever
memorable night of the last of December 1775, when general Montgom-
ery was killed. In February 1776, I left the continental army before
Quebec, and returned to the New-Hampshire grants, for the express
purpose of supporting the titles to lands, granted by the governor of the
province of New-Hampshire, against illegal claims of land speculators,
under subsequent grants made by the governor of the colony of New-
York; and was amongst the first in projecting plans to establish a new
state. In 1777, 1 served as a member and secretary of the council of
safety, who were appointed by a convention that convened at Windsor,
to establish a constitution, but adjourned without accomplishing it, in
consequence of the evacuation of Ticonderoga by the continental troops;
on our arrival on the west of the mountains, the council were of opinion
that the generals who had evacuated Ticonderoga, had sent expresses to
the governors of the states of New-Hampshire and Massachusetts, lor
assistance. 1 doubted, and was so determined as to retire, and wrote let-
ters to said governors, signed them as secretary by order of council; pre-
pared expresses, advanced expense money, then shewed said letters to
the council, suggesting that if said generals had sent expresses to said
governors, expresses from the council ot safety would stimulate exer-
tion; when the council consented to such despatches being sent, which
were the first official despatches received by said governors on that sub-
ject, and was the means of general Starke with a detachment of troops
from New-Hampshire assisting in the battle of Bennington. I then
concerted ways and means to procure money to pay bounty, and to raise
a regiment of rangers, who with general Starke's detachment, were
principal in obtaining the celebrated battle aforesaid; in the mean time,
from the knowledge 1 had of the country and people thereof, measures
were concerted to obtain information from the enemy's camp, to learn
their intentions to burn the continental stores at Bennington, and to
know the day and time of day that colonel Philip Skeen would reinforce
col. Bawm with fifteen hundred men; which induced general Starke to
change his plan of attack, which had been determined to be on the 17th,
to the 16th of August 1777, by which means colonel Bawm's detachment
1 Extracts from the first volume of the particulars of the capture of the
ship Olive Branch, printed at Burlington in 1802, pp. 78-80.
Appendix G-. 419
was defeated and pursued about three miles, when they met colonel
Skeen, who was also defeated. In an interview with colonel Samuel
Herrick, (commandant of said rangers,) and captain Ebenezer Allen, it
was agreed that they should ascertain the situation of the enemy at
Mount Independence, Ticonderoga, Lake George landing, &c. soon after
which general Lincoln arrived at Bennington, and measures were pro-
jected, which caused the capture of Mount Defiance and Lake Georges
landing; 472 Americans, then prisoners, were retaken, and 500 British
were made prisoners, many British boats, &c. were taken. These vic-
tories may be stiled stepping stones to the capture of general Burgoyne
and army, which laid the basis for a treaty with France in February
1778.
Much address was made use of to establish the constitution of Ver-
mont, amidst war, political parties, claims of neighboring states, and op-
position made by congress; these disputes rose so high, that British
generals thought to profit by the dispute. Aletter was addressed by colonel
Beverly Robinson, to colonel Ethan Allen, which he received in July
1780, purporting to draw the people of Vermont from the cause of inde-
pendence to the British interest. When in Philadelphia in September,
attending congress, X concerted the plan of extending claims on the
states of New Hampshire and New York, to counteract the claims of
said states, to unite political parties in Vermont, with a view to lessen
British military measures on the frontiers of Vermont, which enabled
general Ethan Allen to make a truce with major Carlton in the fall of
that year, and the British troops retired into Canada for winter quarters.
I was then appointed by the governor and council, with major Joseph
Fay, to negociate with Justus Sherwood and George Smith, Esquires,
British commissioners; several days were spent at Eastbay, on the sub-
ject of restoring peace and friendship. In April 1781, I was appointed
by the governor and council, to go into Canada to settle a cartel for the
exchange of prisoners, and truce with the British; both of these objects
I effected in seventeen days, on the Isle-aux»noix. In these times, on
the part of Vermont, I often attended congress, the legislatures of the
claiming and other states, and frequently held interviews with the Brit-
ish commissioners at Skeensborough, for these measures were the cause
of detaining a British arinv, of about 10,000 men inactive, securing the
frontiers of Vermont in peace and safety, and is supposed to havecon-
tributed much towards the capture of Lord Cornwallis and army, for it
detained in Canada about one-third of the British forces in America in-
active, which capture sealed the Independence of the United States.
In December new scenes of difficulty arose; the state of Vermont was
threatened with military measures from the states of New York and
New Hampshire. General Gansevoort marched with about 500 men into
the West Union; he was opposed by col. Abbott with about an equal
number of men, who encamped on a plain in cannon shot of each other;
I was directed by the governor and council, to repair to said military
detachments, and if possible, to restore peace. I visited colonel Abbott's
camp, and endeavored to reconcile matters, pointing out the consequence
of a civil war, when the liberties of all America were pending, and en-
gaged him not to make any movements against gen. Gansevoort, until
further orders from the governor and council. — 1 proceeded to general
Gansevoort's camp ; could not induce him to retreat from the West
Union; he and his officers were much opposed to a civil war, yet con-
sidered themselves bound to obey their orders. I returned to the gov-
ernor and council, and advised that the governor should direct a de-
tachment of 500 men from the old bounds of Vermont, to proceed on
horseback with field pieces, to assist colonel Abbott against general
Gansevoort; that in that case, said general could with honor retreat before
420 Appendix 6r.
a superior force, and would retreat, which was the only means that could
be adopted to support the union, and avoid a civil war in the then exist-
ing state of political events, which measures were adopted, and general
Gansevoort retired, and peace was restored without shedding blood. I
was directed by the governor and council, to proceed to the general
court of New-Hampshire, and if possible to reconcile all misunderstand-
ings between the states of New-Hampshire and Vermont; and above all,
to prevent a civil war; the same principles were adopted against New-
Hampshire as New-York, and I took instructions from governor Chit-
tenden, to lieutenant governor Paine [Payne,] that in case the govern-
ment of New-Hampshire should send its militia into the East Union,
that he should raise the militia on the east side of the mountains, and
oppose force to force. On my arrival in Charlestown, I was informed by
colonel William Page, that the legislature of New-Hampshire were on
the point of ordering a military force, to subject the people east of Con-
necticut River to the laws of New-Hampshire. I caused copies of said
instructions to lieutenant-governor Payne, to be copied and sent to sev-
eral military men in the East Union, with an ostensible view to have
the military prepared for the attack, but caused one copy to fall into the
hands of a friend to New-Hampshire, who sent an express night and
day to the legislature, in Exeter. The day before said express arrived,
the general court had passed an order to major general Fulsom, to raise
the militia, to carry into effect the laws of New-Hampshire to Connecti-
cut River. On receiving the copy of said instructions, &c. a doubt arose,
whether if they should proceed, and be opposed by the militia of Ver-
mont, from the west of Connecticut River, it might not terminate in a
civil war, and the legislature be blamed by congress for provoking it;
which caused delay for consideration. On my arrival, I found the mem-
bers of the gentral court much enraged against Vermont, and no negocia-
tion could be entered on; with much difficulty I found that the general
court determined to send an agent to congress for advice, and to wait
such agent's return, before any further proceedings.
I left the general court, and on my return requested lieutenant-gov-
ernor Payne and the members of council, on the east side of the moun-
tain, to attend in council at governor Chittenden's; on my report, Jonas
Fay, Ira Allen, and Abel Curtis, Esquires, were appointed to attend
Congress, where we arrived next day after said agent from New-Hamp-
shire. We held many interviews with members of Congress, and were
convinced that no measures would be carried into effect by Congress,
against Vermont; about the 22d of February we left Congress, and set
out in high spirits for Vermont; at colonel Griffin's, at the Fishkills, we
met the unwelcome news that the legislature had dissolved said unions:
we proceeded as fast as possible, with a view to take our seats in the
legislature, and move for a reconsideration of the act dissolving said
unions; but the legislature had adjourned the day before we arrived.
I was one of the principals in projecting and carrying into effect
measures, that rendered null and void the grants of land made by the
late colony of New-York, in Vermont, amounting to about 5,000,000 of
acres, on paying thirty thousand dollars into the treasury of New-York,
for the use of said grantees, which was paid by a tax of one half-penny, on
the lands in Vermont, so that a single suit in law cannot be supported
on those titles. These, together with other matters, in which I took a
decided part, will be more fully shown in Allen's History of Vermont. ■
1 From letters of Allen written in 1810 and 1811, it appears that he
intended to print a revised and enlarged edition of his history published
at London in 1798. It is to be regretted that he was unable to do this.
APPENDIX H.
SETTLEMENT OF THE CONTROVERSY WITH NEW YORK.
An account of the attempt in New York, in 1780, to close the contro-
versy with Vermont, has been given in Vol. n, pp. 266-273. Several
other attempts were made;1 one of them as early as the winter of 1784-5,
as stated in the following letter:
Hon. William Samuel Johnson to Gov. Chittenden*
New York, 18th October 1785.
Sir: — I beg leave to mention to you, that the Bearer Mr. Kelly, and
all the gentlemen of New York, who have Patents under the late Pro-
vince of New York for Lands in Vermont, which had not been previously
Granted by New Hampshire, exerted themselves extremely last Winter
to serve the people of Vermont and obtain their Independence; For this
purpose they presented a Petition to the assembly of this state, praying
that they would pass a Law to enable their Delegates in Congress to
Apply for and Consent to the Sovereignty and Independence of Ver-
mont. In consequence of which a Bill was brought into the House of
Assembly to that effect, a Certified Copy of which you have here
enclosed.
Mr. Kelly has laid before me a Letter of Instructions and power of
Attorney from the Gentlemen wlio presented the said Petition, directing
him to offer their'Lands to the persons now residing thereon upon such
1 A report of a committee of the Vermont Assembly, on a memorial of
John Jay in 1792, states:
It appears by the memorial of Mr. Jay, and the evidence of Judge
Tichenor, that Mr. Jay signed four petitions to the legislature of New-
york, for the purpose of bringing about a settlement between the citi-
zens of Vermont and Newyork, which was of very essential service, and
facilitated that business.— Printed Assembly Journal, 1792, p. 70.
2 William Samuel Johnson, ll.d., agent in England for Connecti-
cut in 1765, when he assisted the Vermont agent, Samuel Robinson. —
Vt. Hist. Coll., Vol. i. pp. 4, 274-5, 342. Mr. Johnson was a delegate in
Congress when this letter was written; afterward a member of the Con-
vention which formed the constitution of the United States, also of the
first U. S. Senate; and president of Columbia (N. Y.) college from 1792
to 1800. He died in 1819, aged 92. The town of Johnson was named
by him.
422 Appendix H.
Terms, as upon the best Examination I have been able to give the Sub-
ject, appear to me reasonable and Just. I am induced therefore to re-
quest that you will recommend a Compromise to those Settlers; for if
they should not avail themselves of this favorable opportunity of Secur-
ing an indisputable title to their Farms, the New York proprietors will
probably er'e long raise the price of said lands, which they alledge they
had lotted out antecedent to the late War, and actually sold some parts
thereof to persons who Settled thereon, and who in some instances ex-
ecuted Bonds and Mortgages for the Consideration Money, and in others
entered into Written Agreements for the purchase of them, and yet after-
wards took Grants from Vermont for the same Lands.
Be assured Sir these Sentiments are dictated by the principles of Hu-
manity and friendship for the Settlers, and a sincere desire to prevent
expensive and ruinous Controversies which so litigated a Subject may
occasion to both parties.1
Give me leave to mention upon this occasion, that I should be ex-
tremely happy in an opportunity to renew our former acquaintance &
friendship, & to converse with you, or any of your Friends, upon the
general affairs of your State as relative to the United States, which have
lately been the subject of much conversation here. I have the Honour
to be with great respect & esteem
Y* Excels most obedient humble Servant
W.. Saml Johnson.
His Excellv Thos. Chittenden Esqr-
Action in the New York Assembly favorable to the Independence of
Vermont. — 1787.
In the spring of 1787,2 Alexander Hamilton, a member for the city of
New York, introduced into the Assembly a bill entitled " An act to em-
power and direct the delegates of this state in Congress, to acceed to^
ratify and confirm the sovereignty and independence of the people of
the territory commonly called and known by the name of the State of
Vermont." This bill gave ample powers, but upon three conditions:
limiting Vermont to the territory between Connecticut river and the
line twenty miles east of the Hudson — requiring Vermont to accede to
the Union — and preserving New York titles to land in Vermont, to be
prosecuted in the mode prescribed in the ninth of the Articles of Con-
federation. Doubtless the last proviso would have prevented the consent
of Vermont, but it was at least an earnest attempt to secure its accession
to the union as an independent state, and Hamilton's very able argu-
ments undoubtedly had a great effect in securing the final and happy
result.8
1 As a literal copy of this letter has been attempted, it should be noted
that thus far it was written by a secretary; the remainder was by Mr.
Johnson.
8 J. C. Hamilton gives the date of March 15. The Vermont Gazette of
April 10 1787, states that the bill was agreed to in a committee of the
whole house on the 23d of February, by a majority of ten.
8 Works of Alex. Hamilton, Vol. u, p. 374.
Appendix H. 423
On presenting the bill, Mr. Hamilton made a few observations, of
which only a brief sketch, from recollection, was published at the time,
o-iving an interesting view of the urgent motives which prompted the
measure. After much deliberation, the opponents of the bill resolved
to apply to the assembly to be heard by counsel, and for that purpose
employed Richard Harrison, " a lawyer and a scholar, distinguished for
his ability, and learning, and probity."1 The following is the record o
the hearing and argument for the proprietors of land in Vermont under
New York patents.
Mr. J. C. Hamilton did not give the sketch referred to, but fortunately
the following extract from it has been found in the Vermont Journal of
May 7 1787:
Extract from Col. Hamilton's speech, in the assembly at New York, when
he brought in a bill for admitting into the union the assumed State of
Vermont.
I confess I am in the habit of considering the state of this country
replete with difficulties, and surrounded with danger. The anxiety I
feel on this head has been my inducement to bring forward the present
measure.
I view with apprehension the present situation of Vermont over which
this state claims jurisdiction, and whose pretensions to independence
have never yet been formally recognized, either by this state, or the
United States. Notwithstanding, I believe there is not a member of
this house but considers the independence of the district of territory in
question is a matter fixed & inevitaole. All our efforts to a different point
have hitherto proved fruitless, and it is long since we seem to have en-
tirely given up the controversy. Vermont is in fact independent,but she
is not confederated. And I am constrained to add, that the means which
they employ to secure that independence, are objects of the utmost alarm
to the safety of this state, & to the confederation at large. Are they not
wisely inviting & encouraging settlers by an exemption from taxes, and
availing themselves of the discontents of a neighbouring state, by turn-
ing it to the aggrandizement of their own power.
Is it not natural to suppose, that a powerful people both by number
and situation, unconnected as they now stand, & without any relative
importance in the union, irritated by neglectvor stimulated by revenge
— I say, is it not probable, under such circumstances, they will provide
for their own safety, by seekiug connections elsewhere? And who that
hears me, doubts, but that these connections have already been formed
with the British in Canada? We have the strongest evidence that ne-
gociations have been carried on between that government and the
leaders of the people of Vermont.2 Whatever may be the present tem-
per of the people, it is easy to foresee what it will become under the
influence of their leaders. Confederated with a foreign nation, we can
be at no loss to anticipate the consequences of such a connection, nor
1 History of the Republic of the United States, by John C. Hamilton,
Vol. in, p. 231.
2 Col. Hamilton referred to both the Haldimand correspondence, Oct.
1780 to March 1783, and the negotiations with Lord Dorchester for free
trade with foreign countries through Canada in 1786-7. — See Hamilton's
rejoinder to Harrison, post.
424 Appendix IT.
the dangers from having so powerful ahody of people, increasing rapidly
in numbers and strength, associated with a foreign power, and ready
upon any rupture to throw their weight into an opposite scale. In their
present situation, they bear no part of our public burdens; if they were
a part of the confederacy, they must of course participate in them. They
are useless to us now, and if they continue as they are, they will be
formidable to us hereafter. I have observed before, that the people there
enjoy an exemption from taxes. In these states the taxes must be con-
siderable to fulfil the public engagements; to support the government.
What a temptation will a comparison of situations in this respect furnish
to the inhabitants of those states bordering on Vermont? It is the pol-
icy of the Vermontese to make proselytes to their government, and the
means which they employ for that purpose are too well calculated to ac-
complish their designs.
Argument of Kichard Harrison against Vermont.
New York Assembly, Wednesday, March 28, 1787.
Ten o'clock, a. m. The Order of the Day was then called for, when on
motion of Col. Hamilton, Mr. Harrison, the counsel for the petitioners
against the bill for declaring the independence of Vermont, was admit-
ted within the bar of the house, and addressed the chair as follows:
Mr. Speaker, and Gentlemen of the House of Assembly: — I have the
honor to appear before you this day in my professional capacity, as Coun-
sel for the petitioners against the bill now depending before this honora-
ble house, authorizing the delegates of this state in Congress to accede
and confirm the independence of that district of country commonly called
Vermont.
Upon this occasion I am an advocate for a numerous and respectable
body of citizens, who from that character, and the relation in which they
stand to the community at large, have the fairest and most unquestion-
able right to the protection of the state. The social compact, to which
all the members of society are parties, and by which all of them are
bound, was first formed to preserve the rights and properties of each,
by the united strength of the whole; and this sacred compact must suf-
fer the grossest violation, whenever the rights and properties even of the
meanest individual are sacrificed without the most pressing and appa-
rent necessity.
My clients," Sir, consider the present bill as fatally calculated to deprive
them, without necessity, of all those advantages which they ought to de-
rive from the character of citizens, with respect to their property in the
north eastern part of the state. They trust therefore that the wisdom
and justice of the legislature will be exerted in its rejection; and though
they have thought it necessary to bring their objections to the bill before
this honorable house, in the manner that is now adopted, yet it must be
apparent, that they have depended so much upon the discernment of
their judges, and the goodness of their cause, as to be little anxious with
regard to the abilities of their counsel.
I hope, Sir, however, you and this honorable house will be convinced
that diffident as I am of my abilities, I should not have presumed to
come before you, if 1 was not fully in sentiment upon this occasion, that
the interest of my clients and the public are the same. I flatter myself,
Sir, that my sincerity will not be questioned, when I assure you that it
is my most ardent wish (not to prevent, but) to promote every measure
tending to the permanent happiness of a country in which I received
my existence; to which I have been repeatedly indebted for great in-
digencies, and in which all my future expectations are centered.
Appendix H. 425
I proceed now to state those reasons which in the opinion of the peti-
tioners ought to prevent the bill in question from being passed into a
law. They consider it as unconstitutional, impolitic, and destructive to
the property of themselves and many of their citizens. With respect to
the two first grounds of objection, in all probability they would have been
left entirely to the consideration of the legislature, if the petitioners had
not found that their private interests were materially affected; but they
trust there can be no impropriety in endeavoring to shew that a measure
so injurious to them is at the same time inconsistent with fthe constitu-
tion, and repugnant to the maxims of sound policy.
The constitution, Sir, of this State, has expressly declared the counties
of Cumberland, Gloucester, and Charlotte, compose the eastern district;
and has directed that they shall be represented in our senate and assem-
bly. As they are constituent and essential members of the body politic,
particularly recognized by the terms of our constitution, it is surely a
question of importance whether the powers delegated by the people to
their representatives are such as will authorize them to mutilate the body
by severing from it limbs that are of such fair proportion and undoubted
strength. If the legislature can, without the consent of their constitu-
ents, separate for ever the bulk of the eastern district from the remain-
der of the state, by the same rule they may declare the southern district
independent of the others, or reduce the state into as many distinct gov-
ernments as there are counties within it — and thus this commonwealth,
the citizens of which are bound together in political union, would like the
hydra spring up into many monsters, all of whom would cherish differ-
ent interests, and perhaps be armed for mutual destruction.
It is a maxim, Sir, in our constitution, that no authority can be exer-
cised over the people of this state, but such as shall be derived from and
granted by them; and this maxim as it is the vital principle which per-
vades the whole frame, so it must ever be adhered to whilst any regard
for our constitution shall subsist. The legislature, Sir, are authorized by
the constitution to frame laws for the government of the people, bu-t as
to any power of dismembering the state there is a total silence; and
therefore it must be concluded, that the people have reserved this power
to themselves, or that if it is delegated at all, it must be delegated to the
Congress of the United States, to be only made use of when the events
of war, and the necessities of the union, shall render it absolutely neces-
sary. It is an awful thing, Sir, to exclude a great number of citizens
(many of whom may be anxious to live under the constitution) from the
protection of the state; and that too for ever. When I said that many of
them might be anxious to live under our constitution I have said too
little. It is a fact true beyond the possibility of contradiction, that a
great proportion of the inhabitants in that district are sincerely attached
to our government and wish ardently for its protection. Under these
circumstances, Sir, if the legislature have even a doubt respecting the
propriety of the measure, or its being constitutional, I am persuaded
that they will avoid it.
Even in those cases, where full and absolute power is indisputably
vested in the rulers, either by the terms of the Constitution, or by impli-
cation— yet I say, even in those cases, it has been the opinion of the best
informed writers, that a nation cannot lawfully cut off any of its mem-
bers from the body, unless in a case of extreme necessity, if the public
service requires it. Such are the ideas of the great Vattel, in his first
book, chap. 21st. The same masterly writer declares in the second chap-
ter of the same book, that " if a nation is obliged to preserve itself, it is
not less obliged carefully to preserve all its members. The nation (says
he) owes this to itself, since the loss of even one of its members weakens
426 Appendix H.
it and is injurious to its own preservation. It owes this also to the mem-
bers in particular in consequence of the very act of association."
This honorable house. Sir, if they are satisfied with respect to their
constitutional powers, will undoubtedly consider whether such a case of
extreme necessity exists at the present moment. If it exists, the petition-
ers are totalty ignorant of it, and they contemplate the measure as big
with political consequences of the most dangerous and destructive na-
ture.
It has been alledged indeed as an argument for the present bill, that
the inhabitants of Vermont (having assumed actual independence) are
forming improper connexions with the British in Canada, which at some
future period may be destructive to America. But how, Sir, does this
connexion appear ? What evidence can be found of it ? Where has it
ever existed, except in the lively imaginations of persons out of doors,
who for particular purposes have wished to avail themselves of popular
prejudices and excite popular alarms ? I am persuaded that the report
must have originated in this manner, and after it was once raised, I pre-
sume that it will be no reflection even upon discerning and distinguished
patriots to suppose that their zeal for the honor and interests of their
country may have disposed them to treat it with too much attention.
Can it be supposed, Sir, that Great Britain at the eve of an expensive
and unsuccessful war, after she has fully recognized the district of Ver-
mont, as lying within the bounds of the United States, should now have
an idea that any important purpose may be answered with respect to the
confederacy by forming an indirect connexion with what is compara-
tively a small and insignificant corner of a single state?
Can it be supposed that the British Government is so weak, so irra-
tional, as to endanger the tranquility and safety of their remaining colo-
nies, for the sake of cultivating an acquaintance with people fromVhom
they can derive no consequential advantages, and whom they could not
possibly support against the power of the union, without renewing all
the. horrors of war and incurring the most enormous and destructive
expence?
I cannot, therefore, but treat the supposed connexion between Ver-
mont and the British Government as a phantom originally raised for the
sake of political prejudices, but which when carefully examined will
prove to be a mere phantom only.
If such a connexion, however, actually subsists, it is the duty of good
citizens to produce the evidence. The proof of such a connexion would
probably unite the sentiments of the American states with respect to
Vermont. It could no longer then be a doubt, but she must be reduced
to a sense of duty; and on the other hand as the conduct of Great Brit-
ain would be highly reprehensible, it would become the business of our
rulers to remonstrate and demand satisfaction upon it.
But, Sir, if such a connexion actually subsists between Canada and
Vermont, can this honorable house be assured that the present bill will
dissolve it? May we not rather suppose that their inland situation and
proximity to the lakes may prompt them, for the sake of commerce, to
form still closer connexions with a foreign power, and will they not pos-
sess opportunities of doing mischief much greater than they have at
present, when in consequence of this bill they are admitted into the pub-
lic councils, and become acquainted with all the secrets of the union?
It would be well for gentlemen to consider calmly and dispassionately
what are the natural consequences of the measure now in agitation. If
two or three counties of the state, upon an idea that they have separate
interests from the rest of the community, may not only declare them-
selves independent, but by tampering with a foreign power may terrify
Appendix H. 427
the state into a recognition of their independence, who can pretend to
ascertain the number of independent states that may start into existence
in the remotest parts of our territory, or who can determine what they
may be encouraged to attempt by so pernicious an example?
Already, Sir, has that example operated in more than one instance,
and it will undoubtedly operate again in proportion to the success with
which Vermont may be crowned. It appears to me therefore that the
safest and wisest course is to destroy the evil in its bud, to resist the
disease in its first attacks before it has made any considerable progress,
or the contagion has extended itself to the nobler parts of the political
body.
I believe, Sir, that experience will evince both in public and private
life, that a firm, generous and manly plan of conduct is the result of
sound policy and will eventually be most successful. It was this firmness,
this manly spirit, that raised the Roman Empire to the highest glory,
and if we wish our country to be proportionably great and nourishing,
we should ask ourselves what would have been the conduct of that peo-
ple upon similar occasions? Let their conduct during that dangerous
war which they sustained with their Italian Allies whom they refused to
admit as citizens of Rome till they submitted at discretion, let their con-
duct with regard to Pyrrhus whom they refused to treat with as a friend
till he had drawn his forces out of Italy, let their magnanimity upon a
thousand other occasions speak what they would have done, if an incon-
siderable part of their citizens had presumed to declare themselves a
separate and independent state.
But it has been said that Vermont in its present situation contributes
nothing to the expences of the Union, at the same time that the inhab-
itants of that country are continually increasing; as the lowness of taxes
induces the people of the neighbouring states to emigrate thither.
The former part of this assertion we know to be true, and the latter we
have every reason to consider as a fact.
Mankind in general are disposed to place themselves in situations
where subsistence is most easily attained, and the demands of govern-
ment are comparatively lightest.
The emigration of Vermont is a consequence also of the abundant
population in the eastern states, and it must continue as long as the bal-
ance of population is against Vermont, and land is to be procured there
upon moderate terms.
But, Sir, altho' it must be admitted that the inhabitants of Vermont
ought to pay their proportion of the public burdens, yet such is their
remote and inland situation, and such the dearth of money amongst
them, arising from that circumstance, and the want of external com-
merce, that this consideration alone is not of sufficient importance to
make their admission into the union be considered as an object.
Besides, Sir, is it probable that the inhabitants of that district would
render less advantage to the union if they were rated as a part of this
state, than they would if they were considered as a separate and inde-
pendent government? Would they not on the contrary, be in a condi-
tion to defray a greater proportion of the public burthens, if they were
eased of those particular expences which must attend their internal
government ?
But even if the case was otherwise, it would undoubtedly be improper
to sacrifice the honor and dignity of the state to such small and uncertain
advantages.
Indeed, Sir, that sacrifice may be made on the part of this state, but
what security have we, after all, that it will be accepted.
Already has this state made advances to those people, founded upon a
428 Appendix H.
spirit of equity and calculated to remove every real grievance of which
they could complain. Let gentlemen turn to the act of 1782, and en-
quire if any notice has ever been taken of it in Vermont? Have those
people ever manifested the smallest desire for a reconciliation? Have
they even condescended to state their objections to that act, or made any
propositions upon the subject of it?
It is true that the present bill is more extensive than the former. It
will sanction and ratify the independence of Vermont. But who can say
that they will be content with the limits we have prescribed, or that they
will be disposed to become members of the confederation?
The same reasons which might induce some persons to wish that Ver-
mont was seated in Congres, as a part of the union, will in all probabil-
ity impel them to reject the offer: and after sacrificing the honor and
dignity of the state, we may have the mortification to see this bill, if it is
adopted by the legislature, treated with the same silent contempt that
was bestowed upon the last.
I have hitherto, Sir, been arguing against this bill, upon general prin-
ciples, as if it affected the petitioners in common with their fellow citi-
zens. I come now briefly to consider the peculiar objections which they
as individuals have to offer against it.
And here, Sir, give me leave to mention the instructions I have re-
ceived from the petitioners, to declare, that if this honorable house should
be of opinion that the constitution of the state will permit, and the in-
terests of it require Vermont to be acknowledged a separate and inde-
pendent state, they should cheerfully acquiesce, provided the bill afforded
any security for their property, or that they should receive a compensa-
tion for it.
In both these respects the bill now before the house is totally deficient.
Not a syllable is mentioned of the property of the petitioners; not the
least intimation is given that they will be paid for it, in case it should
finally be lost.
I conceive, Sir, that I need not enter into a long and laboured discus-
sion, to demonstrate that the state is bound by the strictest obligations to
protect the property of its citizens. In fact this (as I have already inti-
mated) is a fundamental article of the social compact. " The great and
chief end (says Mr. Locke) of men's uniting into commonwealths, and
putting themselves under government, is the preservation of their prop-
erty." And after pointing out what was wanting for that purpose in a
state of nature, he adds u That the power of the society or legislative,
constituted by them, can never extend farther than the common good,
but is obliged to secure every one's property" by providing against the
defects of a state of nature.
I will admit, Sir, however, that the public have a right to dispose of
private property, when it becomes necessary for the common safety or
advantage. But then, whenever this is the case, individuals have a fair
and complete title to a compensation from the society, in lieu of that
property which the}r part with for the public benefit. In such instances
the public should be considered as an individual treating with an indi-
vidual; and if the legislature obliges the owners to alienate or resign
their property, it is bound on the other hand to give them a reasonable
price.
Such, Sir, are the dictates of reason upon this subject; such are the
principles which Judge Blackstone informs us govern the British legis-
lature in cases of this nature.
But, Sir, it may be said that in consequence of the present bill the pe-
titioners would be in a better state than they were previously to it— and
it may be insisted that under an article of the confederation they would
H. 429
be entitled to a fair trial for their property, by a court constituted in the
manner which that treaty has designated.
The petitioners, Sir, are far from being convinced that they would be
entitled to such a trial.
And at any rate it would be attended with such an enormous expence
as the petitioners could by no means sustain, and to which sovereign
states alone would be found equal.
To hold out therefore a federal Court as a relief to the petitioners, is
in fact leaving them destitute of any, for it only offers such a remedy as
it would be impossible for them to pursue.
Besides, Sir, in the present situation of things whilst the independence
of Vermont is not acknowledged by this state, whilst some of the inhab-
itants of that district had their hopes and others their apprehensions that
they may again be reduced to the obedience which they owe this govern-
ment; many, if not all of them are solicitous to secure a good and per-
manent title for their possessions, by purchasing from the petitioners
their rights under the state of New York.
But let this bill pass into a law, and the apprehensions of the people
will be at an end. They will consider their independence as fully recog-
nized whether they join the confederation or not, and they will from that
time be indifferent as to any grants under a government from which
they may consider themselves as irrevocably separated and forever
estranged.
In this view, Sir, the very silence of this bill, with respect to the
rights of the petitioners, will be the most fatal blow that they have ever
received; and as it will come from hands to which they looked for pro-
tection, it must (like the dagger of Brutus) pierce more deeply and be
more severely felt.
The petitioners therefore natter themselves that this honorable house
will either reject the bill, or add to it such clauses as may secure their
property, or a compensation for it. They have every dependence upon
the wisdom and integrity of the legislature — they claim that protection
for which society was instituted; and whilst they are conscious of no
fault, they trust that they shall receive it.
If the independence of Vermont should upon investigation be found
essential to the interest and happiness of America, it will be the duty of
the petitioners to acquiesce to it; but even then their private property
ought not to be sacrificed to the public good without a public recom-
pense.
It would without doubt argue a want of delicacy as well as judgment
in the petitioners to dictate measures to the wisdom of the legislature —
but deeply interested as they are in the decision of the present question,
they flatter themselves that they shall be excused for suggesting that
instead of the present bill, which will be construed into an acknowledg-
ment of independence in Vermont, even if the conditions of it are
rejected, it would be more consistent with the honor and dignity of
the state, if Commissioners should be appointed to treat with such
as may be nominated by the inhabitants of that district, as well con-
cerning the property of individuals as the independence of the country. *
In this mode, the petitioners might probably obtain security for their
property or a great part of it, and unless that people are determined to
treat all advances upon the part of the government with indifference and
contempt, every subject of controversy might be adjusted upon princi-
ples of mutual and permanent advantage.
± The mode finally adopted.
430 Appendix H.
Mr. Harrison then withdrew, and the house resolved itself into a com-
mittee of the whole house on the bill for declaring the independence of
Vermont, Mr. Clark in the chair.2
Col. Hamilton addressed the committee subsequently as follows:
Speech of Alexander Hamilton in reply to Mr. Harrison.
The counsel for the petitioner has entered into a large field of argu-
ment against the present bill. He has endeavored to show that it is con-
trary to the Constitution, to the maxims of sound policy, and to the
rights of property.
His observations have not been destitute of weight. They appear to
have the more force, as they are to a certain degree founded in truth.
But it is the province of the committee to distinguish the just limits of
the principles he has advanced, how far they extend, and where they
terminate. To aid the committee in this inquiry shall be my endeavor,
and following the counsel for the petitioners through the different heads
of his argument, I hope to be able to show that neither of the objections
he has urged stands in the way of the measure proposed, and that the
Constitution permits, policy demands it, and justice acquiesces in its
adoption. The first objection is drawn from that great principle of the
social compact, — that the chief object of government is to protect the
rights of individuals by the united strength of the community. The
justness of this principle is not to be disputed, but its extent remains to
be ascertained. It must be taken with this limitation: — The united
strength of the community ought to be exerted for the protection of indi-
viduals so far as there is a rational prospect of success; so far as is con-
sistent with the safety and well-being of the whole. The duty of a
nation is always limited by these considerations: — It is bound to make
efforts and encounter hazards for the protection of its members, propor-
tioned to its abilities, warranted by a reasonable expectation of a favor-
able issue, and compatible with its eventual security. But it is pot bound
to enter into or prosecute enterprises of a manifest rashness and folly; or
which, in the event of success, would be productive of more mischief
than good. This qualification of the principle can no more be denied
than the principle itself. The counsel for the petitioners indeed admits
it in substance, when he admits that a case of extreme necessity is an
excption to the rule: but he adds that this necessity should be apparent
and unequivocal. What constitutes a case of extreme necessity, admits
of no precise definition. It is always a question of fact to be determined
by a consideration of the condition of the parties and the particular
circumstances of the case itself. A case of necessity then exists,
when every discerning, unprejudiced man, well acquainted with facts,
must be convinced that a measure cannot be undertaken or pursued
with a probability of success. To determine this an experiment is not
always necessary; circumstances may exist so decisive and palpable in
their nature as to render it the extreme of temerity to begin, as well as
to continue an experiment. The propriety of doing either the one or
the other, must equally be decided by a judicious estimate of the nation-
al situation.
The tendency of the principle contended for, on the application of it
in argument, has been to prove that the state ought to employ the com-
mon strength of the society to protect the rights of its citizens, interested
in the district or territory in question, by reducing the revolted inhabi-
1 From the Daily Advertiser, Vol. in, No. 657, New York, Tuesday,
April 3, 1787.
Appendix H. 431
tants of that district to an obedience to its laws. The inquiry therefore
is,— Can this be done? Is the state in a situation to undertake it? Is
there a probability that the object will be more attainable at a future
day? Is there not rather a probability that it will be every day more
out of our reach, and that leaving things in their present state will be
attended with serious dangers and inconveniences? Is it even desirable,
if practicable, to reduce the people in question under subjection to this
State? • In pursuing this inquiry we ought to bear in mind that a nation
is never to regulate its conduct by remote possibilities or mere contin-
gencies, but by suclrprobability as may reasonably be inferred from the
existing state" of things, and the usual course of human affairs. "With
this caution, no well informed mind can be at a loss in what manner to
answer the questions I have proposed. A concise review of the past,
and a dispassionate consideration of the present, will enable us to judge
with accuracy of the obligations and interests of the State.
The pretensions to independence of the district of territory in ques-
tion began shortly after the commencement of the late revolution. We
were then engaged in a war for our existence as a people, which required
the utmost exertion of our resources to give us a chance of success. To
have diverted any part of them from this object to that of subduing the
inhabitants of Vermont, to have involved a domestic quarrel which
would have compelled that hardy and numerous body of men to throw
themselves into the arms of the power with which we were then contend-
ing, instead of joining their efforts to ours in the common cause of Amer-
ican liberty, as they for a long time did, with great advantage to it, would
have been a species of frenzy for which there could have been no apol-
ogy, and would have endangered the fate of the revolution more than
any one step we could have taken. This idea is too obvious to need be-
ing enlarged upon. The most prejudiced will acquit the State from blame
for not trying the effect of force against that people during the continu-
ance of the war. Every moderate measure, everything short of hostility
or a total sacrifice of those rights, which were the original cause of the
revolt, and which are the occasion of the opposition to the present bill,
were tried. Conciliating laws were passed, overtures made, negotiations
carried on in Congress, but all to no purpose. The peace found the Ver-
monters in a state of actual independence, which they had enjoyed for
several years, — organized under a regular form of government, and
increased in strength by a considerable accession of numbers. It found
this State, the principal seat of the war exhausted by peculiar exertions
and overwhelmed in debt. The embarrassments arising from this situa-
tion press us daily. The utmost exertion of wisdom in our public coun-
cils would not be more than equal to extricating us from them. As mat-
ters stand, the public debts are unprovided for, and the public credit
prostrate. Are we now in a situation to undertake the reduction of Ver-
mont, or are we likely speedily to be in such a situation? "Where are our
resources, where our public credit, to enable us to carry on an offensive
war? "We ought to recollect that in war, to defend or attack, are two dif-
ferent things; to the first, the mountains, the wilderness, the militia,
sometimes even the poverty of a country will suffice. The latter requires
an army and a treasury.
The population of Vermont will not be rated too high if stated at
nearly one-half that of New York. Can any reasonable man suppose
that New York, with the load of debt the revolution has left upon it,
and under a popular government, would be able to carry on with advan-
tage an offensive war against a people half as numerous as itself, in
their own territory; a territory defended as much by its natural situa-
tion as by the numbers and hardihood of its inhabitants ? Can it be
432 Appendix H.
imagined that it would be able, finally, to reduce such a people to its
obedience? The supposition would be chimerical, and the attempt mad-
ness. Can we hope a more favourable posture of affairs hereafter ?
Will not the population and strength of Vermont increase in ratio to
our own? There is, perhaps, no essential difference between their gov-
ernment and ours. The necessity of making provision, in one way or
another, for the exigencies of the Union, and for the discharge of the
debts of the State, must continue to subject our citizens to heavier bur-
thens than are borne by the inhabitants of that 'country, who have no
call for revenue beyond the support of their domestic administration.
A country possessing a fertile soil, exempt from taxes, cannot fail of hav-
ing a rapid growth.
The enterprise will of course become more difficult by delay, and pro-
crastination can only serve to render the claims of the State and its citi-
zens, in the opinion of mankind, obsolete, and to give the consent of
time to the connection which the people of Vermont have, in all appear-
ance, already formed with the British government. This last point I
shall discuss more fully in another place.
I have confined myself in my reasoning to an examination of what is
practicable on the part of this State alone. No assistance is to be ex-
pected from our neighbors. Their opinion of the origin of the contro-
versy between this State and the people of Vermont, whether well or ill
founded, is not generally in our favor; and it is notorious that the East-
ern States have uniformly countenanced the independence of that coun-
try. This might suggest to us reflections that would confirm the belief
of the impracticability of destroying, and the danger of attempting to
destroy that independence.
The scheme of coercion would ill suit even the disposition of our own
citizens. The habits of thinking to which the Revolution has given
birth, are not adapted to the idea of a contest for dominion over a people
disinclined to live under our government. And, in reality, it is not the
interest of the State ever to regain dominion over them by force. We
shall do well to advert to the nature of our government, and to the ex-
tent of this State according to its acknowledged limits. Are we sure we
shall be able to govern what we already possess? Or would it be wise to
wish to try the strength of our government over a numerous body of peo-
plo disaffected to it, and compelled to submit to its authority by force?
For my part, I should regard the re-union of Vermont to this State as
one of the greatest evils that could befall it; as a source of continual
embarrassment and disquietude.
It is hinted by the counsel for the petitioners that many of the inhab-
itants of Vermont are desirous of living under our government, and
sanguine tempers have long ago predicted that they would shortly grow
weary of their independence, throw it off, and become re-united with us
and New Hampshire of their own accord. There are clear principles of
human nature to which we may resort to falsify this prediction.
In popular governments, the" sentiments of the people generally take
their tone from their leaders. The leaders of Vermont cannot desire a
re-union with New York, because this would amount to an abdication of
their own power and consequence. The people of Vermont will not
desire it, because no people ever desired to pass from a situation in which
they were exempted from taxes, and in which they suffered no particu-
lar oppression, to one in which they would be subject to burthens com-
paratively heavy.
I now pass to an examination of the constitutionality of the measure
proposed by the bill. It is observed, that by the constitution the coun-
ties of Charlotte, Cumberland and Gloucester are constituent parts of the
Appendix H. 433
State; that one article of it declares that no power shall be exercised
over the people, but such as is derived from and granted by them; that
no express power is given to the Legislature to dismember any part of
the State; and that this silence of the Constitution is a tacit reservation
of that power to the people. To all this I answer, that the sovereignty
of the people, by our Constitution, is vested in their representatives in
Senate and Assembly, with the intervention of the Council of Kevision,
and that the power of dismembering the State, under certain circumstan-
ces, is a necesaary appendage of the sovereignty. The practice of na-
tions, and the authority of writers, conspire to establish this principle;
and the safety of society requires it. There are certain situations of
kingdoms and states, in which the sacrifice of a part is essential to the
preservation and welfare of the rest.
History furnishes abundant examples of such sacrifices. Nations, in
making peace, frequently cede parts of their territories to each other.
Civil commotions .have many times produced similar dismember-
ments. The monarchy of Spain, after a destructive and fruitless con-
test to preserve it, was obliged, at last, to surrender its dominion over
the Netherlands. The crown of Austria was, in like manner, com-
pelled to abandon its jurisdiction over the Swiss Cantons. And the
United States are a recent and still more signal instance of the exercise
of the same right. Neither of these instances has been censured or
condemned, nor the power of the sovereign to accede to the separation
called in question.
The celebrated author quoted by the counsel for the petitioners is ex-
plicit on this article, and decides with clearness that the prince or body
intrusted with the sovereign authority may, in certain emergencies, dis-
member the empire, and lop off a limb for the good of the body. This
inference from the silence of a Constitution, is the reverse of that drawn
by the counsel of the petitioners. Doubts have been raised by particu-
lar theorists upon the subject, but their theories were too abstract for
practice, and are now exploded by the ablest writers on the laws of
nations. Indeed, those doubts were chiefly applied to the case of a ces-
sion or relinquishment of a part of the empire still in possession of the
sovereign. It has long been considered as a clear point, that where a
part of an empire is actually severed by conquest, or a revolution, the
prince, or body vested with the administration of the government, has a
right to assent to, and to ratify that separation. This is an obvious and
important distinction, from which other inferences of moment will be
drawn in another place. It will be found in Vattel, book four, chapter
second.
Vermont is, in fact, severed from New York, and has been so for
3^ears. There is no reasonable prospect of recovering it, and the attempt
would be attended with certain and serious calamities. The Legislature
have, therefore, an undoubted right to relinquish it, and policy dictates
that it should be done. It is of no force to say that this principle would
authorize the dismemberment of Long Island, or of any other part of the
State. There is no doubt, the same circumstances concurring, the same
consequences would result, but not sooner; and it will be the duty of the
State to endeavor to prevent a similar extremity.
The next thing in the order observed by the counsel for the petition-
ers that presents itself to our discussion is the policy of the measure.
Against this it is objected that the precedent would be dangerous ;
that the facility with which Yermonters will have accomplished their
object, might invite other' parts of this State and the United States to
follow their example. To this I answer, that examples have little to do
with the revolutions of empire. Wherever such state of things exists
29
434 Appendix H.
as to make it the interest or the inclination of a large body of people to
separate from the society with which they have been connected, and at
the same time to afford a prospect of success, they will generally yield to
the impulse, without much inquiry or solicitude about what has been
done by others, or upon other occasions; and when this is not the case,
precedents will never create the disposition. Events of this kind are not •
produced or controlled by the ordinary operations of human policy, care
or contrivance. But, whatever may be the effect of the example, it is too
late to prevent or redress the evil. It sprang up under circumstances
which forbade the application of an effectual remedy, and it has now ac-
quired a maturity which would mock all our efforts to counteract it.
Vermont is lost to New York, beyond the possibility of a recovery; and
a passive acquiescence in its independence cannot make it more formid-
able, as an example, than a direct recognition of it. Success and impu-
nity are the ingredients that are to constitute the force of the example,
and these will exist in either case.
On the other hand, the policy of the measure results from two impor-
tant considerations. The one, that by the union of Vermont to the Con-
federacy, it must of course bear a proportion of the public .burdens; the
other, that it would be detached from the completion of a connection
already in all appearanee begun with a foreign power. The incorpora-
tion of Vermont into the Confederacy is by the bill made an express
condition of the acknowledgment of their independence. The first ad-
vantage was too obvious to be denied, though observations have been
made to diminish its importance. Its inland situation has been noted
as a circumstance that precluded the expectation of any considerable
revenue from it. But the same thing might be said of the interior parts
of this and of the other States; and yet we should make a much
worse figure than we do, if our resources were to be drawn wholly from
our Atlantic settlements. The country of Vermont is fertile and will
soon be populous, and the resources which it may be capable of afford-
ing at a day not far remote, though not of great magnitude, will by no
means be contemptible.
But the principal advantage to be expected from the measure is the
one mentioned last. Here it is asked, Where is the evidence of the fact,
where the proof of the connection? Would Great Britain, which has so
recently, in a solemn treaty, acknowledged the territory in question to
be comprehended within the limits of the United States, derogate from
that treaty, and for so insignificant an object, as a connection with a
small corner of one of the States, hazard a rupture with the whole Con-
federacy?
Not expecting a formal call for the evidence of the fact, my memory is
not prepared to enter into all the details requisite to its full elucidation.
I well remember that during the latter periods of the war, a variety of
circumstances produced a conviction of its existence everywhere; in the
army, in the Legislature, and in Congress. Among other transactions
that came to my knowledge, I shall mention one as nearly as my recol-
lection will serve me. Some time in the year 1781, Fay and Ira Allen,
two of the most influential individuals in that country, went into Canada,
and, we were well informed, had repeated interviews with Gen. Haldi-
mand. Not long after, a party of British, under St. Leger, penetrated
as far as Ticonderoga. A detachment from that body fell in by accident
with a small party of Vermonters, fired upon them, killed one of their
number, and took the rest prisoners. Discovering their mistake, they
interred the dead body with the honors of war, and sent the prisoners
home, leaded with kindnesses and caresses. From that period a free
intercourse subsisted between Canada and Vermont. This is one proof,
Appendix H. 435
and a pretty decisive one, to show that a connection was formed during
the war. I doubt not there are others equally strong, within the recol-
lection of other members of the committee. Since the peace, this inter-
course has been cultivated with reciprocal zeal, and there are circum-
stances related [which I shall not repeat, as they do not come to me with
sufficient authenticity] that look strongly to a continuance of the connec-
tion. If this connection ever existed, what reason have we to believe
that it has been since dissolved? To me, I confess, there appears none.
On the contrary, the situation of the parties in my opinion forbids the
supposition of its dissolution.
I flatter myself, those who know my manner of thinking will acquit
me of a disposition to sow groundless jealousies of any nation. I
consider a conduct of this kind as undignified and indelicate in a
public character; and if I were not persuaded the suspicions I enter-
tain are well founded, no motive would have induced me to bring them
forward.
It is asked, in substance, what object Great Britain can have in culti-
vating such connections. This admits of several answers.
Great Britain cannot but see our governments are feeble and distracted;
that the Union wants energy; the nation concert. That our public
debts are unprovided for; our federal treasuries empty; our trade lan-
guishing. She may flatter herself that this state of things will be pro-
ductive of discontents among the people, and that these discontents may
lead to a voluntary return to her dominion. She may hope to see in this
country a counterpart of the restoration of Charles the Second. However
mistaken they may be, it is not impossible that speculations of this kind
may enter into the head of a British minister. The government lately
established in Canada — the splendid title of Viceroy — seem to look
beyond the dreary regions of Canada and Nova Scotia/ In this view, she
would naturally lay hold of Vermont as a link in the chain of events.
It would be a positive acquisition of so much, and nothing could better
answer the purpose of accelerating the progress of discontent than the
example of a country, part of ourselves, comparatively speaking, free
from taxes. Nothing could have a more powerful influence than such an
example upon the inhabitants of the settlements bordering upon that
country. How far and how rapidly it might extend itself is a matter not
easy to be calculated.
liut laying aside every supposition of this nature, there are motives of
interest which would dispose the British government to cultivate Ver-
mont. A connection with Vermont will hereafter conduce to the secu-
rity of Canada, and to the preservation of the Western posts. That
Great Britain means to retain these posts may be inferred from the inte-
rest she has in doing it. The ostensible reason for not having delivered
them up heretofore is the infractions of the treaty on our part; but
though these infractions in some instances cannot be denied, it may
fairly be presumed that they are nothing more than the pretext for with-
holding the posts, while the true motive is the prodigious advantage
which the monopoly of the fur trade affords to the commerce of the Eng-
lish nation. If Great Britain has formed the design of finally retaining
these posts, she must look forward sooner or later to a rupture with this
country; for, degraded as we are by our mismanagement, she can hardly
entertain so mean an opinion of us as to expect we shall eventually sub-
mit to such violation of our rights and interests without a struggle.
And, in such a case, Vermont would be no despicable auxiliary.
But would Great Britain hazard a war with the United States for so
inconsiderable an object? In the first place, the object is not inconsider-
able. In the next, our situation is not such as to render our resent-
436 Appendix H.
ment formidable. This situation is perhaps better understood by every-
body else than ourselves; and no nation would forego a present advan-
tage to our detriment, while it knew that a change of government must
precede any inconveniences from our displeasure. 1 do not suppose
that the British government would, in the present state of things, com-
mit itself to any avowed engagements with the people of Vermont.
It will, no doubt, take care to be in such a situation as to leave itself
at liberty to act according to circumstances; but it will, and I have no
doubt does, by the intermediation of its officers, keep up a secret inter-
course with the leaders of that people, to endeavor gradually to mould
them to its interests, to be ready to convert them to its own purposes
upon any favorable conjuncture or future emergency. This policy is
so obvious and safe, that it would be presumable without any evidence
of its existence.
On the part of Vermont, while their fate in the American scale re-
mains suspended, considerations of safety would direct them to such a
connection with the British government. They would not choose to lie
at our mercy, or to depend on their strength, if they could find refuge
or support elsewhere. There is a circumstance, too, mentioned with a
different view by the counsel for the petitioners, which would contribute
to this connection. I mean the relative situation of Canada and Ver-
mont. It is asked, " May not this situation induce Vermont to reject
the offer of independence, and prompt the people of that country, for
the sake of commerce, to form still closer connections with a foreign
power? " I ask, does not this situation, which it is supposed might
have so powerful an influence, afford a strong presumption of the exist-
ence of such a connection? And is it not our true policy to take away
every additional temptation?
I shall readily admit that it is very doubtful whether Vermont will
accept the proffered acknowledgment of its independence, upon the con-
ditions annexed. I firmly believe that she does not desire it, and that
she would be perplexed by the dilemma to which she would be reduced.
But whether she accepts it or not, the offer may be expected to have a
good effect. It would at least serve to ascertain facts. Her refusal
would be a conclusive evidence of a determined predilection to a foreign
connection; and it would show the United States the absolute necessity
of combining their efforts to subvert an independence so hostile to their
safety. If they should find themselves unequal to the undertaking, it
must operate as a new inducement to the several States to strengthen
the Union.
In every light, therefore, the measure on national ground appears ad-
visable; but it still remains to inquire what will be our duty in respect
to the citizens of this State who are owners of land in Vermont. How
far shall we violate their rights, and how far are we bound to make them
recompense? The claim to a compensation is the thing which has been
with most propriety urged by the counsel for the petitioners. Let us,
however, examine its nature and foundation. But before I enter into
this examination, I shall repeat an observation which I made on a former
occasion. Whatever obligations there may be on the part of the State
cannot be increased by acceding to the measure proposed. If Vermont
is not irretrievably lost to this State, the duty of protection which it owes
to individuals obliges it to employ the common strength to reinstate
them in their rights. If it is irretrievably lost, no rights capable of
being rendered effective will be sacrificed; of course, no obligation to
make a recompense will exist. But the truth is, the present bill, so far
from surrendering the rights of individuals, puts things in the only train
in which they will ever have an opportunity of giving them validity.
Appendix H. 437
The third clause of the ninth Article of the Confederation expressly
declares that all controversies about the right of soil between the citi-
zens of different States shall be decided by a federal court. The coun-
sel for the petitioners tells us that his clients doubt the operation of this
clause, but as he gives us no reason for the doubt, I shall only say that
the terras of it appear to me clear and explicit. I have no doubt that
the petitioners would be entitled to a federal court; and though that
court would not decide in such a question like the tribunals of New
York, but upon general principles of natural and political right, I should
confidently expect that all equitable claims of our citizens would have
their full effect, It is, however, further observed on this head, that the
expense of such court would exceed the abilities of individuals, and
could only be compassed by the resources of sovereign States. If this
suggestion should be admitted to be true, [though I think the expense
is greatly overrated,] yet surely it would be more reasonable to ask the
State for its assistance in procuring a federal court to obtain justice to
the petitioners, than to ask it to undertake a ruinous war for that pur-
pose. The difference in expense would not bear a comparison. Indeed,
the first would be a trifling object to the State, while the last would ex*
ceed its abilities, and perhaps end in its disgrace. But if the bill even
contained no provision for obtaining justice to the petitioners, I should
hold that the State would not be under a strict obligation to recompense
them for their losses. The distinction I would lay down upon the sub-
ject is this: If a government voluntarily bargains away the rights, or
disposes of the property of its citizens, in their enjoyment, possession
or power, it is bound to make compensation for the thing of which it
has deprived them; but if they are actually dispossessed of those rights,
or that property, by the casualties of war, or a revolution, the State, if
the public good requires it, may abandon them to the loss without being
obliged to make reparation. The author quoted by the counsel for the
petitioners has in view the case of a voluntary disposition of the prop-
erty of citizens in the power of the State; and his doctrine is unques-
tionably just, but it does not apply to the case of an actual disposses-
sion by any of those events in which nations have no choice. In wars
between States, the sovereign is never supposed to be bound to make
good the losses which the subject sustains by the captures or ravages of
the enemy, though they should amount to the destruction of his whole
property; and yet nothing can be more agreeable to natural equity than
that those who happen to be the unlucky victims of the war should be
indemnified by the community. But, in practice, such a principle would
be found attended with endless difficulties and inconveniences, and
therefore the reverse of it has been adopted as a general rule. The
individual sufferer, however, might with great color of justice say to the
government, Why did you make peace without stipulating a reparation
for the damage done to your citizens? If it was necessary for the pub-
lic good to sacrifice my interests, I have a right to a public compensa-
tion for my losses. Though this case may, upon a superficial view, ap-
pear dissimilar to the one under consideration, yet the principle, upon-
examination, will be found as applicable to the one as to the other.
The true reason is, that the resources of nations are not adequate to
the reparation of such extensive losses as those which are commonly
occasioned by wars and revolutions; and it would therefore be contrary
to the general good of society to establish a rule that there is a strict
obligation to repay such losses. It is better that there should be indi-
vidual sufferers than to admit a rule which would fetter the operations
of government and distress the affairs of the community. Generosity
and policy may, in particular instances, dictate such compensations.
438 Appendix H,
Sometimes they have been made by nations, but much oftener omitted.
The propriety of doing the one or the other must depend on circum-
stances in which the ability of the public will always be a primary
consideration.1
I think, sir, I have by this time gone through all the arguments that
have been brought against the bill, and I hope satisfactorily refuted
them. I shall say a little in answer to the observations drawn from the
examples of Roman magnanimity. Neither the manners nor the genius
of Home are suited to the republic or to the age we live in. All her
maxims and habits were military; her government was constituted for
war. Ours is unfit for it; and our situation still less than our constitu-
tion, invites us to emulate the conduct of Rome, or to attempt a display
of unprofitable heroism.
One more observation will conclude what I have to say. The present
situation of our national affairs appears to me peculiarly critical. I know
not what may be the result of the disordered state of our government.
I am, therefore, the more solicitous to guard against danger from abroad.
Gentlemen who view our public affairs in the same light in which they
present themselves to my mind, will, I trust, vote with me upon the
present occasion. Those, on the contrary, who think all is well—who
suppose our Government is full of energy, our credit high, and trade and
finances nourishing — will probably see no room for any anxiety about
the matter, and may be disposed to leave Vermont in its present state.
If the bill should fail, I hope they will never have occasion to regret the
opportunity they have lost.
As to the petitioners, I shall only say, that I have no reason to doubt
the purity of the motives with which they are actuated. With many of
them I am too well acquainted to permit me to entertain any unfavor-
able impression of their conduct; but however their opinion of their own
rights or interests may have misled them in estimating the merits of the
question before the committee, I trust we shall be cautious how we suf-
fer our judgment of a national question to be biassed or misguided by
the speciousness of the arguments or appearances on which their oppo-
sition is supported.2
"The question was taken at the end of the [foregoing] speech, and the
bill passed;"3 and on the 11th of April it finally passed the Assembly,
twenty-seven to nineteen. The bill failed in the Senate.*
The following papers indicate the interest in this project felt by some
of the most eminent statesmen of the country at that day:
James Madison to George Washington— March 18 1787. 6
A proposition has been introduced and discussed in the Legislature of
1 Mr. Hamilton, when Secretary of the Treasury, applied these princi-
ples to claims of the character indicated, of course disallowing them.
2 Hamilton's Works, Vol. n, pp. 375-390.
8 History of the Republic, &c., Yol. in, pp. 230-235, where Col. Hamil-
ton's age is stated to have been thirty, and this argument is character-
ized as " among the most able fragments of his eloquence which have
been preserved."
4 H. Hall's Early History, pp. 442, 443.
5 Writings of James Madison, Vol. 1, p. 283.
Appendix H, 439
this State [New York] for relinquishing its claim to Vermont, and
urging the admission of it into the Confederacy. As far as I can learn,
difficulties will arise only in settling the form, the substance of the
measures being not disliked by any of the parties. It is wished by
those who are not interested in claims to lands within that district to
guard against any responsibility in the State for compensation. On the
other side, it will at least be insisted that they shall not be barred the
privilege of carrying their claims before a federal court, in case Vermont
shall become a party to the Union. 1 think it probable, if she should
not decline becoming such, altogether, that she will make two condi*
tions, if not more: l.^That neither her boundaries nor the rights of her
citizens shall be impeachable under the 9th article of Confederation. 2.
That no share of the public debt already contracted shall be allotted to
her.
John Adams to Secretary John Jay— Extract.1
Grosvenor Square, London, 8 May 1787.
The convention at Philadelphia is to consist of members of such ability,
weight, and experience, that the result must be beneficial to the United
States. The settlement of so many great controversies, such as those be-
tween the Massachusetts and New York, Pennsylvania and Connecticut,
New York and Vermont, &c, shows that the union has great weight in
the minds of the people. It is, indeed, an object of such magnitude,
that great sacrifices ought to be made to its preservation.
No direct attempt seems to have been made in 1788 to secure the
assent of New York to the independence of Vermont, but that year was
marked by events which tended to this result. By the ratification of
the constitution of the United States by New Hampshire, June 21 1788,
the adoption of that instrument and the consequent change in the na-
tional government were assured. Virginia ratified the constitution on
the 26th of June following, and New York on the 26th of July. This
great event had a powerful influence on the Vermont question, in Ver-
mont and New York particularly, and also in the country at large. In
July 1788 Kentucky, with the consent of Virginia, had made applica-
tion for admission to the Union, and the question had been deferred to
the new U. S. government for decision, and it was assumed that it would
be promptly attended to. "One of the first subjects of deliberation with
the new Congress will be the Independence of Kentucky, for which the
Southern States will be anxious. The Northern will be glad to send a
counterpoise in Vermont."2 At the same time the question was pend-
ing in Congress, then in session at New York city, as to the place where
the new government should be called. The decision of this question
would at least be an intimation as to the location of the future capital of
* Life and Works of John Adams, Vol. viii, p. 439.
8 Alexander Hamilton to Nathaniel Chipman, post. Mr. Hamilton
had himself made a report, 3d June 1788, that uthe District of Kentucke
be erected into an Independent State, and the act for its admission into
the Union," which was deferred in consequence of information that nine
States had ratified the constitution, — J. C. Hamilton's History of the Re-
public, Vol in, p. 481. •
440 Appendix H.
the country, *and in any event New York was deeply interested and
anxious to have all possible assistance on that question. The South and
West would be naturally adverse to New York, while Pennsylvania was
for its own great city, Philadelphia. Thus New York depended on the
North and East, and in the North was Vermont, whose good will and
aid would be valuable. There was therefore a stronger desire than
ever among leading New York men, — particularly those politically op-
posed to Vermont's inveterate foe, Gov. Clinton— for a settlement of
the controversy and the admission of Vermont to the Union.1 The
same event served also to change the disposition which had prevailed in
Vermont since 1783, to remain an independent state until the govern-
ment of the nation had become settled upon an acceptable and reliable
basis.2 The danger in Vermont then was not, so much as it had been,
that the federal government would compel her to submit to the jurisdic-
tion of New York, but that, if admitted to the Union without a settle-
ment of the land questions, the New York titles would be confirmed by
the federal court. Daniel Chipman thus wrote of this period:3
When, in the summer of the year 1788, it became evident that the
constitution of the United States would be adopted by all the other
states, and a national government established, the attention of the most
intelligent men in the state was called to the peculiar situation of Ver-
mont. To remain a small independent state, between the United States
and the British province of Quebec, was not to be thought of, and to
join the union, our controversy with New York remaining unsettled,
and to subject our landed titles to the decision of the federal court, was
considered by many to be extremely hazardous. -Nathaniel Chipman
was always fearful that, if the question should ever be brought before an
impartial tribunal for decision, the New York title would be adjudged
the better title.4 He had, therefore, been opposed to the granting of lands
by this state, which had before been granted by New York. Having
this view of the subject, he felt extremely anxious to devise some means
by which the controversy with New York might be speedily adjusted.
And in the early part of July, a number of gentlemen, among whom
1 Early History, p. 444. Eastern Vermont, pp. 557, 558. The Vermont
Gazette [Bennington,] of July 7 178S, published an extract of a letter
from a respectable gentleman in New York to another in Bennington,
representing the time as highly favorable to the admission of Vermont,
to balance that of Kentucky, to which the Southern members were favor-
able; and the next number, July 14 1788, contained copies of the jour-
nals of Congress of June 2 and 3 1788, relating to Kentucky and favor-
able to her admission.
a Ira Allen in Vt. Hist. Coll, Vol. I, p. 4GS; Williams, Vol. n, p. 252.
8 Life of Nathaniel Chipman, pp. 70, 71.
* This fear was reasonable as to all New York grants made previous to
the Order of the King in Council, July 24 1707. These grants covered
about two hundred and fifty thousand acres.— Vt. Hist. Coll., Vol. I, pp.
145-160.
Appendix H. 441
were the late Judge [Lewis K.] Morris, then of Tinmouth, and the late
Judge [Gideon] Olin, of Shaftsbury, met at his house in Tinmouth to
hold a consultation on the subject, and they took this view of it. They
said that Hamilton, Schuyler, Harrison, Benson, and other leading feder-
alists1 in New York must be extremely anxious to have Vermont join
the union, not only to add strength to the government, but to increase
the weight of the northern and eastern states. This was, therefore, the
most favorable time for settling the controversy with New York, and it
was agreed that Nathaniel Chipman should write to Hamilton on the
subject. As the convention was then sitting or about to convene at
Poughkeepsie for the adoption of the United States constitution by New
York, of which [Alexander] Hamilton, [Philip] Schuyler, [Richard]
Harrison, and [Egbert] Benson were members, it was concluded to send
the letter by express.2 The letter was delivered to Hamilton while at-
tending the convention, to which he returned an answer by the express.
The correspondence thus introduced was as follows:
Nathaniel Chipman to Alexander Hamilton*
Tinmouth, July 15, 1788.
Sir:— Your character as a federalist, although personally unknown to
you, induces me to address you on a subject of very great importance to
the state of Vermont, of which I am a citizen, and from which, I think,
may be derived a considerable advantage to the federal cause. Ten
states having adopted the new federal plan of government, that it will
now succeed "is beyond a doubt. What disputes the other slates may
occasion, I know not. The people of this state, 1 believe, might be in-
duced almost unanimously to throw themselves into the federal scale,
could certain obstacles be removed. You are not unacquainted with
the situation of a very considerable part of our landed property. Many
grants were formerly made by the government of New York, of lands
within this territory while under that jurisdiction. On the assumption
of government by the people of this state, the same lands, partly it is
said for want of information respecting the true situation of these grants,
and partly from an opinion prevailing with some of our then leaders,
that the New York grants within this territory were of no validity, have
been granted to others under the authority of this state.
It is now generally believed, that, should we be received into the
union, the New York grants would, by the federal courts, be preferred
to those of Vermont. The legislature of this state have in some instan-
ces made a compensation to the grantees under New York; and 1 am
persuaded would do the same for others were it in their power, but they
are in possession of no more lands for that purpose. For these reasons,
and I presume for no others, the governor and several gentlemen deeply
interested in these lands granted by Vermont, have expressed them-
selves somewhat bitterly against the new federal plan of government.
Indeed, were we to be admitted into the union unconditionally, it would
produce much confusion. Now, sir, permit me to ask whether you do
not think it probable that the federal legislature, when formed, might,
on our accession to the union, be induced on some terms, to make a
1 The word then only indicated supporters of the U. S. constitution.
2 Daniel Chipman was the bearer of the letter, and the persons named
above were at Hamilton's quarters when it was delivered. Hamilton's
reply was doubtless the result of their conference.
3 Life of Nathaniel Chipman. by Daniel Chipman, p. 74.
442 Appendix M.
compensation to the New York grantees, out of their western lands,
and whether those grantees might not be induced to accept such com-
pensation? Let me further suggest, whether it might not be favorable
for Vermont to make some of those amendments, which have been pro-
posed by several states, the basis of her admission?
Could the difficulties I have mentioned be removed, all interests in
opposition would be reconciled; and the idea of procuring justice to be
done to those whom we had, perhaps, injured by our too precipitate
measures, and of being connected with a government which promises to
be efficient, permanent and honorable, would, I am persuaded, produce
the greatest unanimity on the subject. If you think these matters
worthy the attention of the friends of the confederacy, be good enough
to write by my brother, who will be the bearer of this. Our legislature will
meet in October, when these matters will be taken up seriously. Sev-
eral gentlemen of my acquaintance, who are men of influence and will
be members of the legislature, have requested me to procure all the in-
formation in my power on this subject. Anything which you may sug-
gest to me in confidence will be sacredly attended to, of which Mr.
Kelley, who writes by the same opportunity, will give you the fullest
assurance.
I am, with great respect,
Your obedient, humble servant,
Nathaniel Chipman.
Mr. Hamilton.
Alexander Hamilton to Nathaniel Chipman.
Poughkeepsie, July 22, 1788.
Sir: — Your brother delivered me your letter of the loth inst. which I
received with pleasure, as the basis of a correspondence that may be
productive of public good.
The accession of Vermont to the confederacy is doubtless an object of
great importance to the whole; and it appears to me that this is the fa-
vorable moment for effecting it upon the best terms for all concerned.
Besides more general reasons, there are circumstances at the moment
which will forward a proper arrangement. One of the first subjects of
deliberation with the new congress will be the independence of Ken-
tucky, for which the southern states will be anxious. The northern
will be glad to find a counterpoise in Vermont. These mutual inter-
ests and inclinations will facilitate a proper result.
I see nothing that can stand in your way but the interfering claims
under grants of New York. As to taxation, the natural operation of the
new system will place you exactly where you might wish to be. The
public debt, as far as it can prudently be provided for, will be by the
western lands, and the appropriation of some general fund. There will
be no distribution of it to particular parts of the community. The fund
will be sought for in indirect taxation; as, for a number of years, and ex-
cept in time of war, direct taxes will be an impolitic measure. Hence,
as you can have no objection to your proportion of contribution as con-
sumers, you can fear nothing for the article of taxation.
I readily conceive, that it will be scarcely practicable for you to come
into the union, unless you are secured from the claims under New York
grants. Upon the whole, therefore, I think it will be expedient for you,
as early as possible, to ratify the constitution, upon condition that con-
gress shall provide for the extinguishment of all existing claims to land
under grants of the State of New York, which may interfere with claims
under the State of Vermont.
You will do well to conform your boundary to that heretofore marked
Appendix R. 443
out by congress, otherwise insuperable difficulties would be likely to arise
with this state. I should think it altogether unadvisable to annex any
other condition to your ratification. For there is scarcely any of the
amendments proposed that will not have a party opposed to it; and there
are several that will meet with a very strong opposition; and it would
therefore be highly inexpedient for you to embarrass your main object
by any collateral difficulties. As I write in convention, I have it not in
my power to enlarge.
You will perceive my general ideas on the subject. I will only add,
that it will be wise to lay as little impediment as possible in the way of
your reception into the union. I am, with much esteem, sir, your obedi-
ent, humble servant, A. Hamilton.
Mr. Chipman.
John Kelly (of New York) to Gov. Chittenden. x
Rutland, State of Vermont, 23d August, 1788.
May it please your Excellency: — Three gentlemen of undoubted ve-
racity and honor, who have stood forth for and publicly distinguished
themselves as Friends to Vermont, are desirous to know upon what con-
ditions this State would come into the union, being sensible that the
present divided and truly unfortunate Situation of public affairs in some
of the States would afford them an opportunity of exerting their influence
in behalf of Vermont, and thereby render her such essential Service as
they could not at any other period or in any other Situation be able to
' effect.
The Situation in which these Gentlemen at present stand with the
Public, rendered a communication on their part improper. I have there-
fore been directed to Request such information on this subject, as will
enable them to Serve the Interest of your Excellency's State, Relying
that the same degree of prudence and Secresy which has hitherto dis-
tinguished the negotiations of Vermont will on this occasion be at-
tended to.
Before I conclude, permit me to Observe, that I have suggested to
these Gentlemen, that if Congress would exhonorate Vermont from the
payment of all Taxes incurred in consequence of the exigencies of the
late War, and prevail on those claiming lands in Vermont under the
New York Title, wch had not been chartered by New Hampshire, to ac-
cept of a compensation from Congress in Wild Land to the Westward,
in lieu of their Claims, I believed it would meet the wishes of the State
of Vermont; to which Col. Hamilton (who is one of the Gentlemen
above alluded to) Replied, that he had no doubt of being at presentable,
with the assistance of his friends, to obtain such favorable Terms for the
Citizens of Vermont, as would effectually secure their property and re-
lieve them from all Taxes on account of the War, if he could only be
informed on what Terms Vermont would consent to come into the union.
The other Gentlemen concurred in the same Opinion.
If your exellency should have any commands for Doctr. Johnson,
Colonel Hamilton, Mr. Jay [Mr. Jay's name written and erased] or Mr.
Mitchell, I shall with pleasure deliver the same, and bring back such
answers as I may receive from these Gentlemen or any of them before
the meeting of the Legislature. I have the honor to. be, your Excellen-
cy's most obed't servt. John Kelly.
His Excellency, Governor Chittenden.
*■ Original in possession of the Vt. Historical Society.
444 Appendix H.
William Blodgett to Gov. Chittenden.'1
New Haven, [Conn.] Sept 10, 1788.
Sir: — As the federal constitution is on the eve of being adopted, and
it having been a subject of cogitation — " Whether Vermont ought to
make application prior to this event or after, for an admission into the
union," 1 have taken all opportunities with men of abilities to discourse
[with] them on this subject. I have freely agitated the subject with the
governor and delegates of this state, and they seem full of opinion, that
the two powerful fears which we are apprehensive of, — exemption from
Taxes prior to our recognition, and the ratification of our territory under
our desired claim — will be admitted. In a litigation with Mr. Edwards
(now gone to Congress) he said he would venture to assure us of this
security, and would do all in his power to have the matter agitated in
Congress. But as it will be impossible in the nature of things that Con-
gress should make overtures to Vermont, I cannot see the impropriety
of our delegates going to New York and fully sifting the members of
Congress as to these two objects.
From a general principal which I find operating in the minds of most
people, it inclines me to think that Congress as a body wish us to make
overtures to them. They say we have neglected this application almost
beyond the day of redemption, that the eastern states will co-operate with
the southern from a principle that we pin our faith upon the sleeve of
Canada, an idea which you are sensible is highly disgusting to all par-
ties; and that self-con fid t nee which we seem to possess from our peculiar
location may eventually be a bane to our state; and that the energetic
powers of the new Congress may very much alter the face of our stand-
ing on our present claims. Some have advised our junction at all events,
and think as to public debt, should Congress claim our proportion, will
estimate our numbers low and not insist on vouchers for all our expendi-
tures, and that of course we can balance accounts, but this I conceive
is too great a risque to be tampered with. The idea of our having been
universally attached to the cause of the United States, and having been
considered as a great Barrier in the late war, operates much in our favor.
I thought it my duty to commuicate this information to your Excel-
lency, and shall all other which may concern the people of Vermont.
I am now on the business of getting my map engraved, and expect it
will be finished by the middle of November. I have the honor to be
your Excellency's obt. servt. Wm. Blodgett.
His Excellency, Gov. Chittenden.
Wm. Samuel Johnson to Gov. Chittenden. 8
New York, October 3d, 1788.
Sir: — I am happy to find by Mr. Kelly on his return from Vermont,
that your Excellency and Council, as well as other influential characters
with whom he conversed, are well disposed towards the new constitution
of the United States, and would, he thinks, wish to come into the con-
federacy on terms which you conceive to be proper. This being the
case, I cannot but take the liberty to suggest to you, that it really ap-
pears to me that this is the favorable moment for effecting it upon the
most advantageous terms for all concerned. Besides more general rea-
sons, there are circustances of the moment which will forward the busi-
ness extremely.
1 Original in possession of Vt. Historical Society.
1 Original in possession of Vt. Historical Society.
Appendix H. 445
One of the first objects of deliberation with the new Congress will
probably be the independence of Kentucky, for which the southern states
will be anxious. The northern will therefore be glad to find a counter-
poise in Vermont. I could mention many other circumstances if it were
necessary, but I apprehend it will be sufficient to say, that I am Well as-
sured that the mutual interests and inclinations of the states will at this
juncture particularly facilitate a proper result. Upon the whole, there-
fore, 1 think it will be highly expedient for you as early as possible to call
a convention to ratify the constitution.
Mr. Kelly has mentioned to me that you are anxious to have your
west boundary defined as you now possess it, and he fully explained your
reasons therefor, which are cogent. I am also well aware of all the
other objects you have in view, but conceive you need not be uneasy
about particular circumstances, as I believe full and ample justice may
now be rendered you.
I therefore apprehend it would not be advisable to encumber the assent
of the people to the constitution with particular limitations and restric-
tions, but let it be in general terms, and then to authorize such gentle-
men as the state can place an entire confidence in, to negociate the par-
ticular terms of admission.
As I am obliged to leave town immediately, I have it not in my power
to enlarge; you will perceive my general ideas on the subject. I will
only add that it will be wise to lay as few impediments as possible in the
way of your reception into the union, and beg you will remember that
this is the favorable moment for you, and such another will in all proba-
bility never again offer.
I was extremely unhappy that I could not, when lately in Vermont,
have an opportunity to pay you my personal respects, and to assure you
of the great affection and esteem with which 1 am always your Excel-
lency's most obedient humble servant, Wm. Saml. Johnson.
Alexander. Hamilton to Nathaniel Chipman.
[Late in September or early in October, 1788.] l
Sir: — Your favor of the sixth of September has been duly handed to
me, and I receive great pleasure from the hopes you appear to entertain
of a favorable turn of affairs in Vermont in regard to the new govern-
ment. It is certainly an object of mutual importance to yourselves and
to the union, and well deserves the best endeavors of every discerning
and good man.
I observe with satisfaction your opinion that Vermont will not make a
point of introducing amendments, (I mean as a condition of their acces-
sion.) That ground would be the most hazardous which she could ven-
ture upon, as it is very probable that such amendments as might be
popular, with you, would be deemed inadmissible by the friends of the
system, who will doubtless be the most influential persons in the national
councils, and who would rather submit to the inconvenience of your be-
ing out of the union till circumstances should alter, than consent to any-
thing that might impair the energy of the government.
The article of taxation is, above all, the most delicate thing to meddle
with, for a plenary power in that respect must be considered as the vital
principal of government; no abridgement or constitutional suspension
of that power can ever, upon mature consideration, be countenanced by
the intelligent friends of an effective national government. You must,
as I remarked in my former letter, rely upon the natural course of things,
lJ. C Hamilton's Hist, of the Republic, p. 533.
446 • Appendix H.
which, I am satisfied, will exempt you, in ordinary times, from direct
taxation, on account of the difficulty of exercising it in so extensive a
country, so peculiarly situated, with advantage to the revenue, or sat-
isfaction to the people. Though this difficulty will be gradually di-
minished, from various causes, a considerable time must first elapse; and,
in the interim, you will have nothing to apprehend on this score.
As far as indirect taxation is concerned, it will be impossible to exempt
you from sharing in the burthen, nor can it be desired by your citizens.
I repeat these ideas to impress you the more strongly with my sense of
the danger of touching this cord, and of the impolicy of perplexing the
main object with any such collateral experiments; while I am glad to
perceive that you do not think that your people will be tenacious on
the point.
It will be useless for you to have any view in your act to the present
congress; they can, of course, do nothing in the matter. All you will
have to do will be to pass an act of accession to the new constitution, on
the conditions upon which you mean to rely. It will then be for the new
government, when met, to declare whether you can be received on your
terms or not.
I am sorry to find that the affair of the boundary is likely to create
some embarrassment. Men's minds everywhere out of your state, are
made up upon, and reconciled to that which has been delineated by con-
gress. Any departure from it must beget new discussions, in which all
the passions will have their usual scope, and may occasion greater im-
pediments than the real importance of the thing would justify. If, how-
ever, the further claim you state, cannot be gotten over, with you, I would
still wish to see the experiment made, though with this clog; because I
have it very much at heart that you should become a member of the
confederacy. It is, however, not to be inferred that the same disposition
will actuate every bodv. In this state the pride of certain individuals
has too long triumphed over the public interest, and in several of the
southern states a jealousy of northern influence will prevent any great
zeal for increasing in the national councils the number of northern voters.
I mention these circumstances, (though I dare say they will have occur-
red to you,) to show you the necessity of moderation and caution on your
part, and the error of any sanguine calculation for a disposition to re-
ceive you at any rate. A supposition of this nature might lead to fatal
mistakes. In the event of an extension of your boundary beyond the
congressional line, would it be impracticable for you to have commis-
sioners appointed to adjust any difference which might arise? I presume
the principal object with you in the extension of your boundary, would
be to cover some private interests. This might be matter of negotia-
tion. There is one thing which I think it proper to mention to you,
about which I have some doubts, that is, whether a legislative accession
would be deemed valid. It is the policy of the system to lay its founda-
tion on the immediate consent of the people. You will best judge how
far it is safe or practicable to have recourse to a convention. Whatever
you do, no time ought to be lost. The present moment is undoubtedly
critically favorable. Let it by all means be improved.
I remain, with esteem, sir,
Your obed't and humble serv't,
A Hamilton.1
lLife of Nathaniel Chipman, p. 78; Hist, of the Republic, Yol. in, pp.
531-535. Daniel Chipman added to this correspondence the remark, that
" in the winter following, Mr. Hamilton and Mr. Chipman had an inter-
Appendix H. 447
Agents to Congress appointed and instructed.
Oct. 22. In Grand Committee of both Houses: Moses Robinson,
Ira Allen, and Jonathan Arnold were elected Agents to Congress.1
In General Assembly: Oct. 25. Resolved, that it be the duty of
the Agents to Congress to use all due dilligence to remove every ob-
stacle to the accession of this State to the Federal government.
Memorial of John Jay and others to the New York Legislature, in favor of
Vermont'
To the Hon. the Legislature of the State of New York, the Memorial
of the subscribers, citizens of the said State, Humbly Sheweth,
That in the opinion of your memorialists, and (as they have reason to
believe) of their fellow citizens in general, the present situation of the
districtcalled Vermont, andj[the peculiar disposition and circumstances
of its inhabitants strongly oppose a re-union under the government of
this state, and that from such an event, even if it could without much
difficulty be effected, no important advantages would result to New
York.
That these considerations united with others of more general and na-
tional concern, concur to render your memorialists exceedingly desirous
to see proper and constitutional measures taken for securing the said dis-
trict unto the American confederacy as a free and independent state.
That to this end your memorialists take the liberty of suggesting to
your Hon. body the expediency of apppointing commissioners with full
powers to treat of and agree to the independence of that district on such
terms as may appear to them just and liberal and conducive to the gen-
eral good.
That although your memorialists are interested in lands in the said
district, and in several instances have well-founded claims on the justice
of this state, yet they will be content to receive justice in any manner
which the nature of the case and the situation of public affairs may point
out as most expedient.
Your memorialists therefore humbly pray, that the subject may be
taken into consideration, and such measures thereupon adopted as may
appear most conducive to the honor and interest of this state, whether
considered in its individual capacity, or as a member of the Union.
And your memorialists shall ever pray, &c.
view at Albany, when they took a view of the subject somewhat different
from their views which appear in the foregoing correspondence, and
agreed on a mode of settling the controversy, which was afterwards adopted
by the two states." — Life of _ZV. Chipman, p. 81. Alexander Hamilton was
clearly the master-spirit in New York who brought about the settlement
of the question in favor of Vermont. There was one bond of personal
sympathy between the leading Vermonters and Hamilton, and that was
dislike to Gov. Clinton, of whose opposition to the U. S. constitution
Hamilton said, he u wishes to establish Clintonism on the basis of Anti-
federalism."— Hist, of the Republic, Vol. in, p. 507.
1 Isaac Tichenor was subsequently elected in place of Allen ex-
cused.
*Clinton Papers. Ms. copy of Memorial in possession of Vt. Hist. tSoc.
448
Appendix H.
John Jay,
John Rogers,
Hamilton Young,
Hugh Grain,
Robert Troup, Att'y to Char-
lotte Hicks, widow,
John Kelly,
Thophilact Bache,
Thos. Gregg, Att'y to Henry
Sadler,
John Mason,
Alex'r Robertson,
John Lindsay,
John Willson,
John Shaw,
Thos. Stewart, by his Att'y John
Shaw,
Alex'r I. Hamilton,
Wm. Cockburn, for Mrs. Mar-
quett Livingston of Cler-
mont,
'Wm. Cockburn,
John Franklin,
Sam'l Osgood,
Daniel McCormick,
*Saniuel Bard,
Benj. Stout,
Benj. Judah,
Mrs. Leigh t,
*John Bard, Jr..
•John Lawrence,
Sam'l Landon,
Richard Norwood,
*Elias Nixon,
Chas. Nixon, for *John John-
son, his Att'y, and for the
Rev. *Thos. Clark,
Marinus Willett,
Jacob Leonard, for Mrs. Val-
entine,
Ned McKenzie,
*James Abeel,
John Arthur,
'Gerard Walton,
Gerard Walton, Ex'r of Jacob
Walton,
*Wm. Walton,
Robert Boyd,
Jacob Walton,
Joseph Hallett,
Henry Remsen,
Sam'l Traverse,
John Leake,
Thos. Ellison,
Ann McAdam, by her Att'y Rd.
Varick,
Elizabeth Graham,
Malicha Treat,
Henry Chapman, for himself and
heirs of Wm. Neat, Esq.
dec'd,
Joseph Judevine,
•Gerard Duycking.
Frederick Rhinelander,
Wm. Duer,
Hercules Mulligan,
Daniel Nevin,
Nicholas Cruger,
*Peter Kemble,
Oliver Templeton,
Mary Beeckman,
Garret Abel,
Edmund Barden,
John Cozine,
Sam'l B. Webb.
Nicholas C. Bogart,
Francis Groom.
New York, Feb. 13, 1789.
Feb. 27. The New York Assembly passed a bill, on the yeas and nays,
forty to eleven, declaring the consent of the legislature of that State to
the erection of the district of Vermont into a new State by the Congress
of the United States; but it was defeated in the Senate.1
Act of New York to negotiate with Vermont.
On the 6th of July, a bill was introduced into the Assembly of New
York for the appointment of commissioners to negotiate with Vermont.
On the 8th, the petition of John Jay and others, bearing date Feb. 13
1789, and given herein as of that date, was presented; and on the 14th
the bill became a law, as follows:2
An act appointing Commissioners, with power to declare the consent
of this state of New York, that a certain territory within the jurisdic-
tion thereof, should be formed or erected into a new state. Passed
July 14, 1789.
Be it enacted by the people of the State of New York, represented in Sen-
ate and Assembly, and it is hereby enacted by the authority of the same:
That Robert Yates, Rufus King, Gulian Verplanck, Robert R. Livings-
ton, Simeon De Witt, Richard Varick and John Lansing Jr. Esqrs. shall
be and are hereby appointed Commissioners, with full power to them, or
any four or more of them, in their discretion, as they shall judge the
peace and interest of the United States in general, and of thisjState in
particular, to require the same, and on such terms and conditions, and
in such manner and form, as they shall judge necessary and proper, to
declare the consent of the legislature of this State, that such district or
territory, within the jurisdiction and in the northeastern and northern
parts thereof, as the said Commissioners shall judge most convenient,
should be formed and erected into a new State — and every act of any
four or more of these Commissioners hereby appointed, in the execu-
tion of the power aforesaid, shall be as effectual to every purpose as if
* Those thus marked were allowed claims by the N. Y. Courts.— See Early Hist. Vt. 510, 511.
1 Early History, p. 444. Assembly Journal of N Y., Feb. 27 1789.
2 Early History, p. 445. Laws of New York, 13th Sess., p. 2.
Appendix H. 449
the same had been made an immediate act of the Legislature of this
State. Provided always, and it is hereby declared, That nothing in this
act contained is intended or shall be construed to give any person claim-
ing lands in such district to be erected into an independent State, any
right to any compensation whatsoever from this State.
New York Commissioners to Gov. Chittenden.1
^r;_^Ve d0 ourselves the honor of enclosing your Excellency a copy
of an act of the Legislature of the State of New York. You will be
pleased to make such communication thereof as you may deem expedi-
ent, and to advise us of any measures which may be taken on your part
to effect the attainment of the object it contemplates. Your communica-
tions addressed to us under cover of Messrs. Yates, De Witt and Lan-
sing, at Albany, we beg leave to assure you will receive the earliest at-
tention from your Excellency's most obdt. and very hum. servts.,
fKoBT. Livingston,
j Kobt. Yates,
0. -, John Lansing, iun'r.
Signed, ^RufusKing?
I GULIAN VERPLANCK,
Albany, July 16, 1789. I Simeon De Witt.
His Excellency, Thomas Chittenden, Esquire.
October Session of the General Assembly, 1789.
Oct. 14. His Honor the late Governor came into the House [by re-
quest of the House] and communicated such letters and advices as he
had received from abroad, touching our situation with the Federal Gov-
ernment of the United States.2
Oct. 16. Eesolved, that this House join his Excellency and the Coun-
cil in Grand Committee on the business of appointing Commissioners to
treat with the Commissioners appointed by the State of New York.
His Excellency the Governor and Council having joined with the As-
sembly:
In Grand Committee, fcr the above purpose, his Excellency in the
chair, Roswell Hopkins, Clerk: an act entitled " An act appointing Com-
missioners with power to declare the consent of the Legislature of this
State of New York, that a certain territory within the jurisdiction there-
of, should be formed or erected into a new State," passed July 15, 1789,
was read. The question being, put, Whether this Committee would
recommend to the Legislature to appoint Commissioners, to treat with
the Commissioners of the State of New York agreeable to said act? it
passed in the affirmative.3
A sub-committee of seven was appointed to draft a bill, which was re-
ported on the 17th; and the Grand Committee recommended its passage,
and immediately thereafter the Assembly accepted the report. On the
19th the bill was sent to the Governor and Council for revision and con-
currence, or proposals of amendment; on the 20th amendments were
proposed by the Council, one of them being to strike out the proviso to
the act, which was rejected, 64 to 29. Still again, on the 23d, the Council
1 Ms. Vt. State Papers, Yol. xxiv, p. 27.
2 Printed Journal, p. 20.
3 Printed Journal p. 27.
30
450 Appendix H.
proposed the same with other amendments, which were again rejected
by the Assembly; and afterwards, on the same day, the Council concur-
red with the Assembly, and the bill became a law, as follows:1
An act appointing Commissioners for the purposes therein mentioned.
WHEREAS it is of consequence that the line between the State of Ver-
mont and the State of Newyork be ascertained and established, and
that certain obstacles to the admission of the State of Vermont into
union with the United States, should be removed: Which purposes
to effect,
It is enacted by the General Assembly of the State of Vermont, That
Isaac Tichenor, Stephen JR. Bradley, NathanielChipman, Elijah Paine,
Ira Allen Stephen Jacob, and Israel Smith, Esquires, be, and hereby
are, appointed Commissioners in behalf of this State, with full power to
them, or any four or more of them, to treat with Commissioners that
now are, or hereafter may be appointed by the State of Newyork, and
who shall be fully authorized and empowered, by the said State of New-
york, to ascertain, agree to, ratify, and confirm, a jurisdictional or bound-
ary line between the State of Newyork, and the State of Vermont: and
to adjust and finally determine, all and every matter or thing, which in
any wise obstructs a union of this State with the United States. And,
It is hereby further enacted, That every act or agreement of the said
Commissioners, or either four or more of them, made and entered into
by and with certain Commissioners that now are, or hereafter may be ap-
pointed by the State of Newyork, in the execution of the powers afore-
said, shall be as effectual to every purpose, as if the same had been an
immediate act of the Legislature of this State.
Provided always, That nothing in this act shall be construed to give
the said Commissioners power to lessen or abridge the present jurisdic-
tion of this State; or in any wise oblige the inhabitants of the same, or
any other person or persons claiming title to lands heretofore granted by
this State, or the late province of Newhampshire, to relinquish their
claims under the jurisdiction thereof; or in any wise subject the State
of Vermont to make any compensation to different persons claiming
under grants made by the late province and now State of Newyork, of
lands situate and being in the State of Vermont, and within the juris-
diction of the same.2
Agents to Congress elected.
In Grand Committee: Oct. 27. Isaac Tichenor, Stephen R. Brad-
ley and Elijah Paine were elected " Agents to transact the negotiation
1 Printed Journal, pp. 28, 29, 30, 38, 42, 44, 45, 51.
2 Pamphlet Acts, p. 9. That this act was not entirely acceptable, is ev-
dent from the following pasquinade, published in the Vermont Gazette,
Jan. 25, 1790:
At Westminster, lately, the State of Vermont,
After due consultation determin'd upon't,
That seven good men were sufficint to join
With New York to determine the government line,
Remove all obstructions and point out the way
For Vermont in the Union her star to display;
But alas! brother freemen, I fear it will prove
We have raised six or seven new blocks to remove.
Appendix H. 451
of this State, with the Congress of the United States of America, for ad-
mission into the federal government." 1
Correspondence of the Commissioners of Vermont and New York.
[Abstracts and Extracts.]
The preceding act of Vermont, Oct. 23, 1789, was communicated to
the New York Commissioners in November, who replied in December,
inviting a meeting in New York City, which was accordingly held in
February following, when the annexed correspondence occurred. The
documents, from which this account was prepared by Hiland Hall,
were furnished to him by Henry Stevens, in 1858. The letters of the
New York Commissioners were originals, and those of the Vermont
Commissioners were copies. The extracts are indicated by quotation
marks.
Vermont Commissioners to New York Commissioners.
" New York, No. 151 Water Street, Feby. 9, 1790.
To the Honble. the Commissioners of the State of New York.
Gentlemen: — In pursuance of an act of the State of Vermont, passed
the 23d October 1789, which wc had the honor to communicate in Nov-
ember last, and in consequence of your letter to us of the 21st December,
we have arrived in this city, and are ready to receive any communications
from you on the subject of our appointment. With sentiments of esteem
we are your obedient and very humble servants.
Isaac Tichenor,
Stephen K. Bradley,
Nathl. Chipman,
Elijah Paine,
Stephen Jacob."
New York Commissioners to Vermont Commissioners.
New York, No. 49 Smith Street, Feby. 9, 1790.
The New York Commissioners wish to meet the Vermont Commis-
sioners at the city tavern at six o'clock this afternoon.
Kobert K. Livingston,
Robert Yates,
Rufus Kino,
John Lansing, Jur.,
Simeon De Witt.
New York to Vermont Commissioners.
Feb. 10. Protesting that nothing in the manner of conducting the
negociation shall be construed into any relinquishment of the claims of
New York, unless a treaty be fully completed u by the admission of Ver-
mont into the Union," they propose to treat on the following grounds:
1. " To consider the commissioners on the part of Vermont as acting
under the authority of an independent state.
2. " To treat with them on that footing relative to the boundary lines
of Vermont and New York.
3. " If we should agree upon such boundary lines, to relinquish the
claims of the State of New York to any territory within or jurisdiction
over any part of what shall, upon such settlement of the limits, be con-
sidered as the State of Vermont."
1 Printed Journal, p . 59.
452 Appendix IT.
Vermont to New York Commissioners.
Feb. 10. They agree to the foregoing, " provided the vacating of grants
made by letters patent under the late province of New York, where the
same shall interfere with any grant or extend to any lands granted by the
State of Vermont, and the extinguishment of the claims of the patentees
under the same, be also a subject of the negociation*."
Feb. 11. " In addition to our communication of }'esterday, relative to
the patents under the late province of New York, interfering with grants
which have been made by the state of Vermont, we conceive it our duty
in order to prevent any misunderstanding or surprise, to mention that
such of the patents of New York and grants of New Hampshire as inter-
fere, or cover the same lands, are also to be an object of the negociation."
New York to Vermont Commissioners.
Feb. 11. They submit to the Vermont commissioners " whether your
powers authorize you to relinquish the claims of the grantees of lands
under Vermont, or to stipulate a compensation for an extinguishment of
the interfereing claims of the grantees under New York. If not, we con-
ceive that we are obliged to confine our negociations to the points men-
tioned in the second and third propositions which we have heretofore
laid before you."
Vermont to New Yonk Commissioners.
Feb. 12. They think their powers sufficient, but is has been mutually
agreed that the present negociations shall not be binding, unless it termi-
nates in the admission of Vermont into the Union, and they propose to
proceed with the negociation until they find obstacles to a further pro-
gress, if any.
New York to Vermont Commissioners.
Feb. 12. They are not satisfied with the powers of the Vermont Com-
missioners to treat in regard to compensation for the relinquishment of
the New York land claims, and propose to treat only of the other two
subjects, viz: the settlement of the boundary, and the removal of objec-
tions to the admission of Vermont into the Union.
Vermont to New York Commissioners.
Feb. 12. The business of the negociation is anticipated by the New
York Commissioners, because until the matter is discussed it cannot be
determined that Vermont should make compensation, or if any, in what
way. " If in the course of the negociation the powers of the Commis-
sioners on either part should be found insufficient to carry into effect
such measures as shall be mutually thought necessary, just and reasona-
ble, the negociation must be at an end, unless the respective legislatures
will enlarge those powers."
New York to Vermont Commissioners.
Feb. 12. They complain of the Vermont Commissioners for wishing
to treat of matters beyond their powers, viz: "the vacating the patents
under New York," " though in our apprehension you were not author-
ized to offer us any equivalent for this sacrifice had we been disposed to
make it." They therefore ask: "Can you bind your State to make ter-
ritorial or pecuniary equivalent to the patentees under New York, if we
should take measures with you for the extinguishment of those claims ?
If you cannot, are you willing to proceed upon the principles laid down
Appendix H. 453
in our first propositions, to treat of the two points, to which we mutually
agree that your powers are competent ?" "The further progress of the
negociation must depend on your answers to these questions."
Vermont to New York Commissioners.
Feb. 13. They object again to anticipating the negociation, but an-
swer: "That although we are not empowered to treat with individual
claimants for a relinquishment of the grants under which they claim, or
to bind the State we represent to make a compensation to such individual
claimants, yet we are of opinion we are fully authorized by the law under
which we act to stipulate a compensation to the State of New York for
any extinguishment that State shall make of private claims, if found to
be just and reasonable. If this answer be satisfactory, we think it nec-
essary to ask whether the Commissioners on the part of New York were
themselves authorized to extinguish, on any terms, the claims of the pa-
tentees under the late province of New York, which interfere with the
grants made under the State of Vermont and the late province of New
Hampshire."
New York to Vermont Commissioners.
Feb. 13. They do not recognize the distinction taken by the Vermont
Commissioners between their powers to treat for compensation to indi-
viduals and to the State of New York. They submit their powers to the
Vermont Commissioners, and declare they cannot negociate in regard to
the relinquishment of land patents.
Vermont to New York Commissioners.
Feb. 13. " Gentlemen: — We must judge of the avowed objects of the
law under which we act. As you decline to treat with us upon a sub-
ject which manifestly appears to be the most important object of the law
as it respects the State of Vermont, the treaty is at an end. We are
very unhappy that a misunderstanding of the law, as to the powers given
to us, should defeat the designs of the two governments.
" We have the honor to be, gentlemen, your obt. and humble servts."
[Signed by the Vermont Commissioners.]
The negotiations having been suspended for the reason that the powers
of the New York Commissioners were insufficient to provide for annul-
ling the New York patents, an application was immediately made to the
Legislature of that State, then in session at Albany, for the passage of a
new act.1 The Vermont Commissioners appear to have remained in
New York, or Albany, waiting the result,2 until the act was passed, when
the New York Commissioners immediately furnished them with a copy
of it as follows :
" An act appointing Commissioners with power to declare the consent
of the Legislature of this State, that a certain territory, within the
jurisdiction thereof, should be formed into a new State. Passed
March 6, 1790.
Be it enacted by the people of the State of New York, represented in Sen-
ate and Assembly, and it is hereby enacted by the authority of the same:
That Robert Yates, Robert It. Livingston, John Lansing, junior, Gulian
Verplanck, Simeon De Witt, Egbert Benson, Richard Sill, and Melanc-
ton Smith, shall be, and hereby are appointed Commissioners, with full
1 Journals of N. Y. Assembly, from 15th February to March 6, 1790.
2 See their report to the Vermont Assembly of Oct. 21, 1790, post, p. 460.
454 Appendix R.
power to them or am; four of them, in their discretion as they shall judge
the peace and interest of the United States in general, and of this State
in particular, to require the same, and on such terms and conditions, and
in such manner and form as they shall judge necessary and proper, to
declare the consent of the Legislature of this State that such district or
territory within the jurisdiction, and in the northeastern and northern
parts thereof, as the said Commissioners shall judge most convenient,
should be formed and erected into a new State; and with further full
power to treat, conclude and agree with any person or persons, or
any assemblies or bodies of people touching the premises, or touching
the ceding or relinquishing the jurisdiction of this State over such dis-
trict or territory, or touching the securing or confirming of rights, titles,
or possessions of lands within such district or territory, held or claimed
under grants from the State of New Hampshire while a colony, or under
grants, sales or locations made by the authority of the government or
jurisdiction now existing and exercised in the northeastern parts of this
State, under the name or style of the State of Vermont, against persons
claiming the same lands under grants from this State while a colony, or
since the independence thereof; and every act of any form or name, of
the Commissioners hereby appointed, in the execution of the powers
aforesaid, shall be as effectual to every purpose, as if the same were an
immediate act of the Legislature of this State. Provided, such grants,
sales or locations by or under Vermont, do not extend to the westward
of the towns granted, located or occupied under the late colony of New
Hampshire, which lay in that part of the country aforesaid, between the
north boundary of the commonwealth of Massachusetts, continued from
the northwest corner thereof towards Hudson's river, and a parallel line
extending eastward from the point of land where Fort Edward formerly
stood, until it meets with the west bounds of any of the said granted,
located or occupied towns.
II. And be it further enacted by the authority aforesaid, That what-
ever stipulations shall be made by the Commissioners appointed by this
act, with any person or persons, or any assemblies or bodies of people
touching the premises, or touching the ceding or relinquishing the ju-
risdiction of this State over such district or territory, or touching the
securing of rights, titles or possessions of lands within said district for a
compensation for extinguishing the claims to lands within such district,
or derived under the late colony of New York, shall be for the use of
such claimants, although in such stipulations such compensation shall be
for the use of this State, or for the people thereof; and that nothing
in this act contained shall be intended or construed to give any such
claimants any right to any further compensation whatsoever from this
State, other than such compensation which may be so stipulated as
aforesaid.
III. And be it farther enacted by the authority aforesaid, That the act
entitled An act appointing Commissioners with full powers to declare
the consent of the Legislature of this State of New York, that a certain
territory within the jurisdiction thereof, should be formed or erected into
a new State, passed the 16th day of July, in the year one thousand seven
hundred and eighty-nine, shall be and hereby is repealed."1
^Objections of Gov. Clinton to the foregoing act overruled by the Council
of Revision.
[From Street's N. Y. Council of Revision, pp. 416-418.]
In Council of Revision, Albany, March 5 1790.
Present — Governor Clinton; Livingston, Chancellor; Yates and Ho-
bart, Justices.
Appendix ff. 455
The following facts are gathered from papers furnished by Mr.
Stevens:
The bill entitled " An act appointing commissioners with power to de-
clare the consent of the Legislature of this State, that a certain territory
within the jurisdiction thereof should be formed or erected into anew State"
was before the Council. The Governor reported the following objections
to the bill as being against the Constitution of this State and the United
States, viz. :
1. Because the said bill is calculated, and should it become a law, may
have the eifect to take the property of individuals for the benefit of the
public without recompence, in direct violation of the principle recognized
in the seventh article of the amendments to the Constitution of the
United States, so lately ratified by the Legislature of this State, which
expressly declares " that private property shall not be taken for public
use without just compensation."
2. Because this bill confers discretionary powers upon the Commis-
sioners therein named, to destroy the rights and extinguish the claims
of the citizens of this and other States, to lands within a certain district.
The vacating of charters and patents, which are among the most solemn
rights, by the mere force of legislative authority, is at all times a high-
handed stretch of power, and utterly incompatible with the idea of a
just and more especially of a free republican government, rendering the
rights and titles of citizens uncertain and insecure, depriving them of
the benefits of the ordinary course of justice, and leaving them depend-
ent on the mere will of the Legislature, to the destruction of all confi-
dence in that goverment to which they submitted for the great end of
protection, as well in the enjoyment of their property as of their lives
and liberties. And this bill is rendered the more exceptionable by a
delegation of this extraordinary power to individuals, and giving to their
acts the force and validity of law without being subject to the correction
or examination of the Legislature.
3. Because, by this bill, the rights of citizens under charters and let-
ters patent, which may be ranked among the highest species of contracts,
may not only be impaired, but extinguished, in direct violation of the
tenth section of the first article of the Constitution of the United States,
which declares that no State shall pass any any law impairing the obli-
gation of contracts.
4. Because, if the district of Vermont should be erected into a dis-
tinct State, and received into the Union without any further intervention
of this State than what is required by the Constitution of the United
States, the proprietors of land would not be deprived of their rights by
this change of jurisdiction, but by the operation of this bill their claim
may be extinguished and they divested of the privileges secured to them
as citizens of the United States, by the second section of the third article
of the Constitution, which extends the powers of the judiciary to cases
of this nature.
5. Because the acts of the commissioners, under this bill (should it
pass into a law,) will either have the effect of extinguishing the grants
under New York and debarring the claimants of any remedy in the Fed-
eral courts, or they will not. In the last case, the act would be a decep-
tion upon the people of the district styled Vermont, unworthy of govern-
ment, and be far from promoting the peace and happiness of the United
States in general, or of this State in particular, which the bill has in
contemplation. In the first case, it is to be observed, that the judicial
power of the Union is, by the second section of the third article of the
456 Appendix H.
New York to Vermont Commissioners.
March 1790.1 Robert Yates, Gulian Verplanck, Egbert Benson, Rich-
ard Sill, and Melancton Smith, the New York commissioners, addressed
the Vermont commissioners, enclosing the act of that State appointing
thorn. Referring to the previous negociation, they propose " to proceed
to the conference in expectation that, if it should appear advisable to the
commissioners on both sides, that by the articles of final agreement rights
of any persons derived under grants from New York are to be extin-
guished and that the State of Vermont is to pay monies to the State of
New York, that it will then appear to you not improper to consent on
your part, that the operation of the article for extinguishing rights should
be suspended until the legislature, of Vermont shall Lave declared that
you were authorized to agree to the article stipulating for the payment to
the State of New York, or that the business will be found susceptible of
such other modification as to afford the respective parties equal and
reasonable security."
Vermont to New York Commissioners.
" Gentlemen: — We have the honor to communicate to you, in answer
to your letter of this day, (inclosing an act of the legislature of the State
of New York appointing commissioners for the purposes therein men-
tioned,) that we are ready to proceed to the conference you propose, and
are willing, in case any doubts shall arise in the course of the treaty res-
pecting the powers granted by the law under which we act, to suspend
the operation of the treaty till the same shall be ratified by the legisla-
ture of the State of Vermont."
It seems that the treaty not being completed at New York in March
1790, an agreement was made for the commissioners to meet again at
Stockbridge, Massachusetts, in July following.
Gulian Verplanck for New York to Vermont Commissioners.
July 9, 1790. Regrets their disappointment in not meeting the New
York commissioners, and requests them " to name a time and place for a
Constitution, extended to controversies between a State and citizens of
another State; and it is a well known fact, that citizens of other States
claim lands in the said district under patents granted by New York. If,
then, such citizens can have their remedy against this State in the Fed-
eral courts, and command a compensation for the injury received by
annulling their grants, would it not be most unjust that our own citizens
should be precluded, merely because they live under our immediate
protection.
6. Because, although the bill may produce the effect of extinguishing
the claims of the New York patentees, where they are citizens of the
State, and bound by its laws, yet this cannot be urged with respect to
citizens of another State, who may maintain their suit against claimants
under Vermont in a Federal court, and recover just compensation;
while our citizens will be deprived of redress, not because they have less
justice on their side, but because this bill, in its operation, may have
precluded them from any remedy.
These objections were overruled by the Council, and the bill became
a law.
1 New York, March 6, 1790, was the date, but it is supposed to have
been a fe'w days later, as that was the date of the act at Albany.
Appendix H. 457
future meeting to be held on condition of your receiving such informa-
tion from the commissioners on the part of New York as may satisfy you
of their intentions to attend on the occasion."
Vermont Commissioners to Mr. Verplanck.
July 9, 1790. Will meet the New York commissioners u at New York
or Bennington on the 27th day of September next as they shall appoint,
provided we receive seasonable intimations of their wish and readiness
to attend."
Isaac Tichenor to New York Commissioners.
Bennington, Aug. 4, 1790. Has received their letter fixing the time
and place of meeting at New York, and will communicate the informa-
tion to his colleagues.
The commissioners 'met at New York as agreed, and the papers, of
which the following are abstracts and extracts, passed between them:
Propositions of the New York Commissioners, Oct. 1, 1790.
1. That Vermont without delay use the requisite means to be admit-
ted into the union of the United States.
2. That from the admission the boundary line be as now occupied, &c.
If an extinguishment of New York grants be required, then
3. That all New Hampshire grants prior to grants from New York,
to be decreed valid, the state of New York to appoint a commissioner to
reside at Albany, to receive descriptions of such lands granted by New
York, and not previously granted by New Hampshire, and on payment
to such commissioner at the rate of 18 cents per acre for such land, the
grants from New York to be thereby extinguished.
Vermont Commissioners to New York Commissioners.
Oct.- 2. They cannot assent to these propositions. The third proposi-
tion is inadmissible, and they submit terms as follows:
1. The boundary between the two states to be a line beginning at the
north-west corner of the state of Massachusetts, thence west-ward, along
the south boundary of Pownal, to the south-west corner thereof,- thence
northerly, along the western boundaries of the townships of Pownal,
Bennington, Shaftsbury, Arlington, Sandgate, Rupert, Pawlet, Wells and
Poultney, as the said townships are now held or possessed, to the river,
commonly called Poultney river, thence down the same, through the
middle of the deepest channel thereof, to East Bay, thence through the
middle of the deepest channel of East Bay and the waters thereof, to
where the same communicates with Lake Champlain, thence through
the middle of the deepest channel of Lake Champlain, to the eastward of
the islands, called the Four Brothers, and the westward of the islands,
called Grand Isle and Long Isle, or the Two Heroes, and to the west-
ward of the Isle La Motte, to the forty-fifth degree of north latitude; and
that the state of New York be forever concluded from claiming any lands
or jurisdiction east of said line.
2. That Vermont shall make provision for New York claimants in
those cases only where the grants under Vermont shall have been de-
clared good and valid against them, and shall make such compensation
as the Legislature of Vermont shall deem just and equitable, provided
the claims be exhibited to the Legislature by a certain day to be fixed.
3. That Vermont will take all due means to be admitted into the
union.
4. That all New Hampshire and Vermont grants shall be good and
valid, and all interfering New York grants void, except confirmation
grants.
458 Appendix H.
New York to Vermont Commissioners.
Oct. 2. They do not object to the boundary, supposing it to be as ju-
risdiction is now exercised. Are also ready to assent to a total extin-
guishment of rights under New York grants, provided we can agree as
to the terms. Wish to know whether a proposition that Vermont should
pay a sum of money to New York; or that claims under New York to
lands nol granted by New Hampshire, should be referred to commission-
ers, to be appointed by the President of the United States, or in other
impartial manner to be determined; or a proposition, the effect of which
not depending on the discretion of the Legislature of Vermont, will fur-
nish a recompense to the New York claimants, are admissible ?
The answer to the foregoing inquiries does not appear to be among
the papers. ,
New York to Vermont Commissioners.
u New York, 4 Oct., 1790.
" Gentlemen: — In answer to your note of yesterday, we inform you
that we shall never agree as a matter of compact, to a proposition to leave
the New York grantees wholly to the discretion of the Legislature of
Vermont, and at what point of differences between you and us we shall
on our part decline further to treat, is, in the present stage of the busi-
ness, a premature inquiry. We conceive it to be previously the duty of
the commissioners, on bjth sides, to attempt every modification of terms
or propositions, and with this will be sent you our letter of Saturday
last, and to which we shall still expect your answer."
The papers do not give the course of the subsequent negotiation. It
seems, however, that the New York commissioners proposed to accept
the sum of $30,000 as a compensation for the relinquishment of the New
York titles, to which the following answer was returned.
Vermont to New York Commissioners.
" Gentlemen: — If we rightly understand your proposals of yesterday,
they comprehend two propositions: — the first contemplates a total ex-
tinguishment of the New York grants, where" they interfere with the
New Hampshire grants, on the payment of 30,000 dollars, and makes no
provision for the extinguishment of the interfering Vermont grants.
The second makes provision for the extinguishment of the Vermont
grants, and leaves the New Hampshire grants to be contested at law.
In this view of the proposition, it is inadmissible.
The commissioners on the part of Vermont, in answer to your propo-
sals of yesterday, say that they cannot agree to your proposition so far as
respects the sum of 30,000 dollars for an extinguishment of all the New
York claims, and in lieu thereof do propose that it shall be optional with
the Legislature of Vermont to pay the sum of 20,000 dollars for the ex-
tinguishment of all New York claims, or leave the payment to be made
by individuals at the rate of ten cents per acre for such of the New York
claims only as interfere with the Vermont grants; all the New York
grants intefering with the New Hampshire grants to be vacated without
any compensation whatever. Some small alterations from your propo-
sals in the conditions of payment might be necessary.
If you, gentlemen, can meet with us in these views, we will ensure a
compliance on the part of your [our] government."
It is probable that the further intercourse of the respective commis-
sioners was oral rather than written, It terminated on the 7th of Octo-
Appendix H. 459
ber, 1790, by the execution by the New York commissioners of a formal
instrument in writing, which was accepted by the Vermont commission-
ers as the basis of a final adjustment of the whole controversy. It was
as follows:
" To all to whom these presents shall come:
Be it known, that Robert Yates, John Lansing, junr., Gulian Ver-
plank, Simeon De Witt, Egbert Benson and Melancton Smith, commis-
sioners, appoinled by an act of the legislature of the State of New York,
entitled 'An act appointing commissioners with powers to declare the
consent of the legislature of this State, that a certain territory within the
jurisdiction thereof shQuld be formed into a new State,' passed the 6th
day of March last: — Do hereby, by virtue of the powers to them granted
for the purpose, declare the consent of the legislature of the State of New
York, that the community now actually exercising independent jurisdic-
tion, as the State of Vermont, be admitted into the United States
of America, and that immediately from such admission all claim of juris-
diction from the State of New York, within the State of Vermont, shall
cease, and thenceforth the perpetual boundary line between the State of
New York and the State of Vermont shall be as follows, viz: — Begin-
ning at the north-west corner of the State of Massachusetts, thence west-
ward along the south boundary of the township of Pownal, to the south-
west corner thereof, thence northerly, along the western boundaries of
the townships of Pownal, Bennington, Shaftsbury, Arlington, Sandgate,
Rupert, Pawlet, Wells and Poultney, as the said townships are now held
or possessed, to the river, commonly called Poultney river, thence down
the same, through the middle of the deepest channel thereof, to East
Bay, thence through the middle of the deepest channel of East Bay and
the waters thereof, to where the same communicates with Lake Cham-
plain, thence through the middle of the deepest channel of Lake Cham-
plain, to the eastward of the islands called the Four Brothers, and the
westward of the islands called Grand Isle and Long Isle, or the Two He-
roes, and to the westward of the Isle LaMotte, to the forty-fifth degree of
north latitude. And the said commissioners do hereby declare the will
of the legislature of the State of New York, that if the legislature of the
State of Vermont shall, on or before the first day of January, in the year
one thousand seven hundred and ninety-two, declare, that the State of
Vermont shall, on or before the first day of June, in the year one thous-
and seven hundred and ninety-four, pay to the Slate of New York the
sum of thirty thousand dollars, that immediately from such declaration
by the legislature of the State of Vermont, all rights and titles to lands
within the State of Vermont, under grants from the government of the
late colony of New York, or from the State of New York, except as here-
inafter excepted, shall cease; or, if the legislature of the State of Ver-
mont shall not elect to make such declaration, then that, except in cases
where the grants from New York were intended as confirmations of
grants from New Hampshire, all rights and titles under grants from the
government of the late colony of New York, or from the State of New
York, to lands within the State of Vermont which may have been granted
by the governor of the late colony of New Hampshire, shall cease; and
the boundaries, according to which such grants from the government of
the late colony of New Hampshire have been held or possessed, shall be
deemed to be the true boundaries. And the said commissioners do
hereby further declare the will of the legislature of the State of New
York, that all rights and titles to lands within the State of Vermont un-
der grants from the government of the late colony of New York, or from
460 Appendix H.
the State of New York, and not granted by the government of the late
colony of New Hampshire, shall be suspended until the expiration of
three years after the governor of the State of Vermont, for the time be-
ing, shall have been notified that a commissioner, to be appointed by the
State of New York, after the first day of January, in the year one thous-
and seven hundred and ninety-two, and to reside and hold a public office
at the city of Albanv, shall have entered upon the execution of his of-
fice; and if, within one year after such notification, there shall be deliv-
ered to such commissioner, either the original or a certified abstract,
containing the date, the names of the grantees, and the boundaries of a
grant from New York; and if, thereupon, at any time before the expira-
tion of the said term of three years above mentioned, there shall be paid
to such commissioner at the rate of ten cents per acre for the whole or
any parcel of the lands contained in such grant from New York, all right
and title under such grant shall, in respect to the lands for which pay-
ment shall be made, cease, and a receipt under the hand and seal of such
commissioner, specifying the lands for wiiich payment shall be made,
shall be evidence of the payment. And in default of delivering the orig-
inal, or such certified abstract of the grant, to the commissioner, within
the said term of one year, for that purpose above limited, all right and
title under the grant, in respect of which there shall be such default of
delivery, shall cease; but where the original or certified abstract of the
grant shall be duly delivered to the commissioners, and if thereupon
payment shall not be duly made to the commissioner, the right and the
title under the grant, in respect to the lands for which payment shall not
be made, shall remain, and suits for the recovery of such lands may be pros-
ecuted in the ordinary course of law, provided the suit be commenced
within ten years after the State of Vermont shall have been admitted
into the Union of the United States, otherwise the right and title under
the grant from New York shall in such case also cease.
In testimony whereof, the said commissioners have hereunto set their
hands and affixed their seals, the seventh day of October, in the fifteenth
year of the independence of the United States of America, and in the
year one thousand seven hundred and ninety.
Kobert Yates, [l. s.]
Witnesses: John Lansing, junr., [l. s.]
Richard Varick, Gulian Verplanck, [l. s.]
Alexander Hamilton, Simeon DeWitt, [l. s.]
Samuel Jones, Egbert Benson, [l. 8.1
Robert Benson. Melancton Smith, [l. s.]"1
Action of Vermont on the Report of the Commissioners.
In Grand Committee, Oct. 21 1790.— The report of the Commission-
ers for settling of a boundary line between this State and the State of
New-York, was read:
Also, a declaration of the Commissioners of the State of New- York,
proposing a settlement of the said boundary line, and relinquishing claims
of jurisdiction, and other claims to the State of Vermont, was read.2
The report of the Commissioners was as follows.
To the Honl. the Legislature of the State of Vermont: — Your commis-
sioners appointed to treat with the commissioners of New York on a
boundary line between the two governments and the removal of certain
Vt. Gazette, for October 25, 1790.
Printed Assembly Journal, 1790, p. 26.
Appendix H. 461
obstacles which prevent the admission of Vermont into union with the
United States, Report: That in January last they commenced their ne-
gociation — that after sundry communications and conferences the busi-
ness terminated in a repeal of the actgiving powers to the commissioners
on the part of New York; and a new act was passed by the legislature
of New York, then in session, appointing commissioners with full and
direct powers to treat with us on the objects of our appointment. Af-
ter opening the negociation with them, we agreed to adjourn to Stock-
bridge the 6th of July then ensuing, at which time we convened, but by
reason of the indisposition of two of the commissioners on the part of
New York, we were necessitated to adjourn to the 27th of September
then ensuing, at the city of New York, where the negociation was re-
sumed and closed on the 7th instant, by receiving from the commissioners
of the State of New York their official act, which we now present to
the legislature for their consideration.
Isaac Tichenor,
Stephen 11. Bradley,
Nathl. Chipman,
Ira Allen,
Elijah Paine,
Castleton, Oct. 21, 1790. l- « Israel Smith.
In Assembly, Oct. 22 1790. — The report of the Commissioners ap-
pointed to treat with Commissioners from the State of New- York, and
the act of the Commissioners on the part of the State of New- York, were
read; and,
On motion of Mr. [Stephen R.] Bradley,
Resolved, That this House go into Committee of the whole for the
purpose of discussing the aoove business.
Mr. Olin in the Chair. — Lewis R. Morris, Clerk.
On motion, the act of the Commissioners on the part of New- York,
was read.
Same day, 2 P. M. — The House met pursuant to adjournment, and went
into a Committee of the whole, &c.
Mr. Bradley rose, and in a sensible and masterly manner, gave the
Committee a full statement of the business — when, on motion of Mr.
Marvin, Chief Justice Chipman was requested to give his sentiments on
the subject.
His Honor the Chief Justice observed, That colonel Bradley had an-
ticipated everything he could say, and therefore declined trespassing on
the patience of the Committee.
Mr. [Judge Elijah] Paine proposed to the Committee the following
resolution, which was agreed to by the Committee: Resolved, That it
be recommended to the General Assembly to pass an Act, declaring
that the State of Vermont will pay to the State of New-York thirty
thousand dollars by the first day of June, Anno Domini 1794, agreeable
to an act of the Commissioners on the part of the State of New-York.
On the 25th, the House considered the resolution. Elijah Paine re-
quired the yeas and nays, when the resolution was adopted — yeas 92,
nays 12— and Israel Morey, Elijah Paine, and Israel Smith were ap-
pointed a committee to bring in a bill. The following act was the
result : 2
» Ms. Vermont State Papers, Vol. xxiv, p. 33.
2 Printed Assembly Journal, 1790, pp. 30, 31, 34, 39, 40, 45, 52.
462 Appendix H.
An Act directing the payment of thirty thousand dollars to the State of
New-York, and declaring what shall be the boundary line between the
State of Vermont and State of Newyork; and declaring certain grants
therein mentioned, extinguished.
Whereas Robert Yates, John Lansing, Junr-, Gulian Yerplank, Simeon
DeWitt, Egbert Benson and Melancton Smith Esquires, Commissioners
appointed by an act of the Legislature of the State of Newyork, en-
tled " An act appointing commissioners with power to declare the con-
sent of the legislature of the State of Newyork, that a certain territory
within the jurisdiction thereof, should be formed into a new State,"
passed the sixth day of March, A. D. 1790 — did, by their certain act, on
the seventh day of October instant, at New-York, by virtue of the powers
to them granted for the purpose, among other things, declare the con-
sent of the legislature of the State of Newyork, that the State of
Vermont be admitted into the union of the United States of Amer-
ica, and that immediately from such admission, all claim of juris-
diction of the State of New York, within the State of Vermont, should
cease, and, thenceforth, the perpetual boundary line between the State
of New York and the State of Vermont should be as follows viz:
Beginning at the northwest corner of the State of Massachusetts,
thence westward along the south boundary of Pownal, to the south-
west corner thereof, thence northerly, along the western boundaries of
the townships of Pownal, Bennington, Shaftsbury, Arlington, Sandgate,
Rupert, Pawlet, Wells and Poultney, as the said townships are now held
or possessed, to the river commonly called Poultney River, thence down
the same through the middle of the deepest channel thereof, to East
Bay, thence through the middle of the deepest channel of East Bay and
the waters thereof, to where the same communicate with Lake Cham-
plain, thence through the middle of the deepest channel of Lake Cham-
plain, to the eastward of the islands called the Eour-Brothers, and the
westward of the islands called the Grand Isle and Long Isle, or the Two
Heroes, and to the westward of the Isle la Mott, to the forty-fifth degree
of north latitude; and the said commissioners, by virtue of the powers
to them granted, did declare the will of the legislature of the State of
New York, that, if the legislature of the State of Vermont should, on
or before the first day of January, 1792, declare that, on or before the
first day of June 1794, the said State of Vermont would pay to the State
of Newyork the sum of thirty thousand dollars, that, immediately from
such declaration by the legislature of the State of Vermont, all rights
and titles to lands within the State of Vermont, under grants from the
government of the late colony of New York or from the State of New
York (except as is therein excepted) should cease; wherefore,
It is hereby enacted and declared by the General Assembly of the State
of Vermont, that the State of Vermont shall, on or before the first day of
June 1794, pay the State of New York thirty thousand dollars.1 And
x The sum of $30,000 probably paid from one-fourth to one-third the
sum paid for the lands granted by New York. James Duane purchased
about 64,000 acres for upwards of $8,000, and his heirs received $2621,29
of the $30,000 paid by Vermont. " The bargain was made by our [New
York] politicians to obtain a new state to overbalance Southern influ-
ence, and in this paramount object with them compensation to the com-
paratively few landholders among her citizens was almost entirely over-
looked."— Memoir of James Duane, by Samuel W> Jones, in Doc. Hist, of
New York, Vol. iv, p. 1068.
Appendix H. 463
the Treasurer of this State, for and in behalf of this State, and for the
purposes mentioned in the act of the commissioners aforesaid, shall pay
to the State of New York the sum of thirty thousand dollars on or be-
fore the first day of June, 1794 — And
It is hereby further Enacted, that the said line described in the said act
of the said Commissioners shall, henceforth, be the perpetual boundary
line between the State of Vermont and the State of New York: and all
grants, charters or patents of land, lying within the State of Vermont,
made by or under the government of the late colony of New York, ex-
cept such grants, charters or patents as were made in confirmation of
grants, charters or patents made by, or under, the government of the late
province or colony of Newhampshire, are hereby declared null and void,
and incapable of being given in evidence in any court of law within this
State.— [Passed Oct. 28,^1790.] *-
1 Ms. Laws of Vermont, Vol. 2, pp. 339, 340.
APPENDIX I.
THE VERMONT CONVENTION OF 1791.
Adoption of the Constitution of the United States by
Vermont.
In Grand Committee, Oct. 22 1790.— On motion of Mr. [Stephen
R.] Bradley, Resolved, That this Committee do recommend to the Legis-
lature of this State to pass an Act to call a Convention of the people, to
take into consideration the Constitution of the United States, and see
whether they will accede to the same.
Oct. 23, Stephen R. Bradley, Samuel Hitchcock, and Lemuel Chipman
were appointed by the Assembly to draft a bill to call a Convention; and
on the 25th the bill was passed as follows:
An Act to authorize the people of this State to meet in convention to
deliberate. upon and agree to the constitution of the United States.—
[Passed Oct. 27 1790.]'
Whereas, in the opinion of this legislature the future interest and wel-
fare of this State render it necessary that the constitution of the United
States of America as agreed to by the convention at Philadelphia on the
seventeenth day of September in the year of our Lord 1787 with the
several amendments and alterations as the same has been since established
by the United States should be laid before the people of this State for
their approbation,
It is hereby Enacted by the General Assembly of the State of Vermont
that the first constable in each town shall warn the inhabitants who by
law are entitled to vote for representatives in General Assembly in the
same manner as they warn freemans meeting, to meet in their respective
towns on the first Tuesday of December next at 10 o Clock forenoon at
the several places fixed by law for holding the annual elections and when
so met they shall proceed in the same manner as in the election of rep-
resentative to choose some suitable person from each town to serve as a
delegate in a State convention for the purpose of deliberating upon and
agreeing to the constitution of the United States as now established, and
the said constable shall certify to the State convention the person so
chosen in manner aforesaid — And,
It is hereby further Enacted by the Authority aforesaid that the persons
so elected to serve in state convention as aforesaid do assembly [as-
1 Ms. Laws of Vermont, Vol. 3, pp. 330, 331.
Appendix 1. 465
semble] and meet together on the first Thursday in January next at
Bennington in the county of Bennington then and there to deliberate
upon the aforesaid constitution of the United States and if approved of by
them finally to assent to and ratify the same in behalf and on the part of
the people of this State and make report thereof to the Governor of this
State for the time being to be by him communicated to the president of
the United States and the legislature of this state.
The Convention met accordingly at Bennington on Thursday the 6th
of January 1791. It is remarkable that the official record of this Con-
vention has not been preserved; indeed nothing official concerning it,
except its act adopting the constitution, subscribed by one hundred and
five out of the one hundred and nine members of the convention, and
a resolution as to the mode of communicating copies of this act to the
Governor, for the use of the General Assembly and the President of the
United States. Fortunately, however, a full report, including the debates,
was printed in the Vermont Gazette, and is here reprinted. The follow-
ing, printed shortly before the election of the delegates to the Conven-
tion, indicate the sentiments then prevailing in the State, and also among
the friends of Vermont in New York.
Bennington, Nov. 8 1790. ]
Extract of a letter from Newyork, dated October 30.
******** « You
cannot but be sensible that candour has graced the conduct of this
state in its late negociation with you : I am glad to find your legislature
have ratified our conditions. The sum of £9000 is but a trifle, if it ter-
minates contention, aud establishes amity between neighboring states.
Many among us (especially members of the law) argued, that ten cents
per acre would not have amounted to half the sum: but when we reflect
what a scene of contention it might have opened, and how expensive
determinations at law would have been, the ruin of numbers seems to
have been contained in the latter, while scarce the idea of difficulty is
involved in the former. Those who are of an antifederal turn both
among you and us, will start objections to your accession to the union :
among other matters, the payment of a quota of the public debt may be
held up as a bugbear : but when any man of common capacity, reflects
on the exertions made and making to discharge these demands; when
he takes into view the growing state of our commerce, and consequent
encrease of the public revenue by impost and excise, the result of the
reflection must be, that direct taxation can never arise from present debts,
and through the means of indirect taxation you already pay your full
proportion towards supporting the federal government. — I affirmed that
you paid your full proportion — you indirectly pay much more while de-
prived of the benefit of representation. The prevalent wish here, is
perpetual union between Newyork and Vermont, and a just proportion
of northern influence in Congress. Perhaps it may not be amiss to re-
mark, that the tranquility of the union is an evidence of the goodness
of the federal constitution. How soon after its adoption does the ani-
mosities of the most antifederal states subside to peace. May providence
conduct you to the union, and happiness be the result.
1 Vermont Gazette, of Nov. 8 1790.
31
466 Appendix 1.
Bennington, Nov. 15 1790.— (Editorial.)
By the reports ^from different quarters it appears, that the people of
this state are generally pleased with the determination of the legislature,
relative to the York claims.— The only quere* is, in what manner it will
he paid, and the general surmise, that as land is the occasion of the cost,
land should bear the burthen. If general report can be credited, anti-
federalism scarce can be found in? Vermont. i
Proceedings and Debates of the Convention for adopting
the Constitution of the United States.2
Bennington, January 10 1791.
A list of members of the convention, for adopting the constitution of the
united states.3
THOMAS CHITTENDEN, president.
MOSES ROBINSON, vice president.
Roswell Hopkins, secretary.
Bennington county.
Bennington, Moses Robinson. Sunderland. Tim Brownson. Shafts-
bury, Gideon Olin. Pownal, Thomas Jewett. Stamford, Andrew Selden.
Arlington, Timo: Todd. Manchester, Martin Bowel. Rupert, Israel
Smith. Dorset, John Shumway. Sandgate, Reuben Thomas.
Windham county.
Hinsdill, [Vernon,] Jonathan Hunt. Westminster, Stephen R. Bradley.
Athens, James Shafter. Londonderry , Edward Aiken. Townsend, Joshua
Wood. Guilford, Peter Briggs. Brattleborough, Gardiner Chandler.
Newfane, Calvin Knoulton. Whitingham, Isaac Lyman. Putney, Daniel
Jewet. Rockingham, Elijah Lovewell. Halifax, Benj. Henry. Dummers-
ton, Jason Duncan. Wilmington, Timothy Castle. TtwmXinson^ [Grafton,]
David Palmer. Marlborough, Jonas Whitney
Rutland county.
Rutland, Nath1- Chipman. Hubbardston, James Churchill. Orwell,
Ebenr- Wilson. Danby, Daniel Shearman. Pittsford, Thos- Hammond.
Pawlet, Lem. Chipman. Castleton* N. [Noah] Lee. Middletown, Jona-
than Brewster. Wells , Samuel Lathrop. Brandon, Nathan Daniels.
Sudbury, Joseph Warner. Benson, Asahel Smith. Fair haven, Simeon
Smith. Poultney, Wm- Ward. Shrewsbury, E. [Emmanuel] Case. Tin-
mouth, John Spafford. Wallingford, Asahel Jackson. Chittenden, Sam1-
Harrison.
Windsor county.
Springfield, Simon Stevens. Chester, Daniel Heald. Hartland, Oliver
Gallup. Windsor, Benj. Greene. Hartford, John Marsh. Cavendish,
Asaph Fletcher. Bethel, Michael Flynn. Andover, Moses Warner.
Weathersfleld, Nath1- Stoughton. Woodstock, Benja- Emmons. Sharon,
\ Vermont Gazette of Nov. 15 1790.
2 Vermont Gazette, Jan. 10 to Feb. 14 1791.
8 In this list the editor^has followed the signatures to the act of the
convention.
Appendix 1. 467
Daniel Gilbert. Bernard, Silas Tupper. Bridgewater, Benjamin Perkins.
Pom/ret, Wm- Perry. Royalton, Reman Durkee. Norwich, Daniel Buck.
Rochester, Enoch Emmerson.
Addison county.
Addison, John Strong. Ferrisburgh, Abel Thompson. Panton ,Benja.
Holcomb. Middlebury, Samuel Miller. Monkton, John Forgason. Brid-
port, John N. Bennet. Newhaven, Oliver Pier. Vergennes, Alex- Brush.
Salisbury, Eleazer Claghorn. Leicester, John Smith. Shoreham, Josiah
Pond. Cornwall, Wm- Slade. Whiting, Sam1- Beach.
Orange county.
Fairlee, NatheL Niles. St. Johnsbury, Jona- Arnold. Randolph, Josiah
Edson. Maidstone, John Rich. Guildhall, David Hopkinson. Brook-
field, Dan1- Kingsbury. Williamstown, Cornelius Lynde. Tunbridge,
Elias Curtiss. Vershire, Thos- Porter. Strafford, Peter Pennock. Brad-
ford, John Barron. Corinth, Peter Sloemdn. Barnet, Alexr- Harvey.
Peacham, Wm- Chamberlain. Danville, Abraham Morrill. Newbury,
Daniel Farrand. Thetford, Beriah Loomis. Lunenburgh, Sam1- Gatt
[Gates.]
Chittenden county.
Williston, Thomas Chittenden. Cambridge, John Fasset. Colchester,
Ira Allen. Georgia, John White. Milton, Abel Waters. Charlotte, John
M'Neile. Essex, Timothy Bliss. Shelburne, W. C Harrington. New-
huntington, Amos Brownson. Johnson, J ona- M'Connel. St. Albans, Silas
Hathaway. Hinesburgh, Elisha Barber. Fairfax, Joseph Beeman. Jericho,
Martin Chittenden. Southhero, Ebenr- Allen. Northhero, Enos Wood.
Burlington, Sam1- Hitchcock.
RO SWELL HOPKINS, secretary.
IN CONVENTION,
Thursday, January 6, 11 o'clock A. M.
A .Quorum being present the house proceeded to business.
THOMAS CHITTENDEN, was elected president.
MOSES ROBINSON, vicepresident.
Koswell Hopkins, secretary.
Adjourned to three o'clock, p. m.
3 O'clock p. m. The house met pursuant to adjournment.
The secretary, by order, read the several acts of this state and Newyork,
which particularly respected their business; together with the constitution
of the united states: agreed on modes of proceedure, and then adjourned to
Friday morning, nine o'clock,
Friday morning. [Jan. 7.] On motion of mr. Niles the constitution was
again read. Mr. Niles then moved, that the house now take up the consti-
tution paragraph by paragraph.
Mr. Green arose. He wished to know in what manner convention meant
to proceed in their discussions. He observed that Vermont stood in a situa-
tion in some respects dissimilar to any state that had yet joined the union.
The several confederate states, he observed, had discussed the constitution by
paragraphs as the gentleman who spoke last had recommended to this house:
but whether it would be best for us to proceed in that manner, may per-
haps be doubted by some: probably it might be deemed best to bring up the
general question, whether it would be expedient or inexpedient for Vermont
to enter the federal union.
468 Appendix I.
Mr. JV. Chipman then rose, and addressed the house, as follows;
Mr. President,
rpHE subject, on which we are now called to deliberate, is a subject
-*- of great importance, and involves in it many and mighty conse-
quences. I shall wave at present any consideration of the particular
circumstances in which we may be supposed to stand with the united
states, on account of the former claim of Newyork, and the late com-
promise between Vermont and that state — and shall first make a few
observations on our local and relative situation as a state and the con-
sequences that will attend the event, either of our continuing independ-
ent, or of our accession to the union. I will then briefly observe on the
principles and tendency of the federal constitution.
In viewing our situation, the first thing that strikes the mind, is the
narrow limits of our territory: wholly inadequate to support the dignity,
or to defend the rights of sovereignty — nor can we but reflect on the for-
tune that usually pursues such limited independencies.
The division of an extensive territory into small independent sovereign-
ties greatly retards civil improvements — this was formerly the case in Eu-
rope; and the consequence was a long continuance in savage, and almost
brutal manners. But it has been observed, that where, through an exten-
sive country, the smaller states have united under one general government,
civilization has proceeded more rapidly, and the kindly affections have
much sooner gained an ascendent than where they still remained under
numerous neighboring governments. The reason why one state is more
favorable to civil improvement than the other is founded in the constitu-
tion of human nature: among small independent states, as among in-
dependent individuals, without a common judge, the weak are jealous
of the strong — and endeavor by art and cunning to supply their want of
power. The strong are ever ready to decide every question by force,
according to their own present interest — hence 'follows a total want of
public faith — recriminations— animosities — and open violence — under the
idea of reprisals— and the name of foreigner becomes but another name
for an enemy. In this situation the minds of men are kept in a constant
state of iritation — their turbulent spirits ill brook the restraints of law
— the passion of revenge, which, in proportion to the weakness of gov-
ernment becomes necessary for the protection of the individual, is soon
inflamed to a degree of enthusiasm. Common danger alone, and that
imminently impending, can suspend its baneful influence even among
members of the same society: a situation fit only for savages — and in
this situation savages have ever existed: but in an extensive govern-
ment, national prejudices are suppressed — hostilities are removed to a
distance — private injuries are redressed by a common judge — the passion
of revenge, now no longer necessary for the protection of the individual,
is suspended — the people no longer behold an enemy in the inhabitants
of each neighboring district — they view all as members of one great
family, connected by all the ties of interest, of country, of affinity and
blood: thus are the social feelings gratified — and the kindly affections
expanded and invigorated.
Vermont, continuing independent, would not be liable to all the in-
conveniencies I have mentioned — but she will be liable to many and
great inconveniencies. In the vicinity of, and almost encircled by, the
united states, now become great and powerful through the means of an
energetic system of government, our intercourse with them must be on
very unequal, and frequently on very mortifying terms. Whenever our
interests clash (and clash they will at some time) with those of the union,
it requires very little political sagacity to foretel that every sacrifice
Appendix L 469
must be made on our part. When was it ever known that a powerful
nation sacrificed, or even compromised their interest in justice to a weak
neighbor, who was unable to make effectual demands? and who shall be
a common judge?
Nay, such is the constitution of human nature, that men in such cases,
were they disposed, are in a great measure incapable of judging with
candor and impartiality.
We have experienced the disposition of states whose interests were
averse to our own; and well know the consequences: extravagant, and
as we deemed them, unjustifiable claims, on their part; animosities, fac-
tions, and even blood shed, among ourselves.
Our vicinity to an extensive province of the british empire, is worthy
of consideration. There is not any prospect of an immediate war be-
tween the united states and Great-britain; but from their mutual recrim-
inations relative to the observance of the late treaty; and from the re-
tention of the frontier posts in the hands of the british, contrary to
express stipulation ; such an event is one day to be apprehended.
Should that take place, Vermont would be in a situation much to be
regreted.
Our local situation with the united states, and our connection with many
of their inhabitants— cemented by all the ties of blood and kindred af-
fection, would forbid an alliance with Great-britain. As allies of the
united states, we should experience all the resentment of an enemy,
whom, by our voluntary alliance, we had made such, and to whose dep-
redations, from our frontier situation, we should be continually exposed.
And should we experience in the united states that quick sense of the
injuries we should suffer? would they fly to our defence with the same
alacrity, with the same national spirit, as they would defend themselves,
if attacked in one of their own members? would they attend equally to
our interest as to their own, in the settlement of peace, or in finally adjust-
ing the expenditures of the war? The supposition is highly chimerical:
nor less chimerical the idea, that by observing a neutral conduct, we
may enjoy the blessing of peace, while the flames of war rage on every
side. Our country, from its situation, would become a rendezvous, and
a thoroughfare to the spies of both nations. Our citizens would fre-
quently be tempted by both to engage in a nefarious correspondence of
that kind: every act of friendship, or even of common courtesy, to one
party, would excite the jealousy of the other. Their armies, to whom
we should not be in a condition to refuse a passage, would think them-
selves justified, on the very least pretext of necessity, in seizing our
property for the use of their service. Thus we should be equally mis-
used, equally despised, and equally insulted and plundered by both.
Again, we may view this subject as it relates to the improvement of
knowledge, and liberal science. Confined to the narrow limits of Ver-
mont, genius, for want of great occasions, and great objects, will lan-
guish in obscurity: the spirit of learning, from which nations have de-
rived more solid glory than all heroic atchievments, and individuals, be-
yond the common lot of humanity, have been able to contribute to the
happiness of millions, in different parts of the globe — will be contracted;
and busy itself in small scenes, commensurate to the exigencies of the
state, and the narrow limits of our government. In proportion as the
views are more confined — more local; the more firmly rivited on the
mind are the shackles of local and systematic prejudices — But received
into the bosom of the union, we at once become brethren and fellow-cit-
izens with more than three millions of people: instead of being confined
to the narrow limits of Vermont, we become members of an extensive
empire: here is a. scene opened that will expand the social feelings; —
470 Appendix L
the necessity and facility of mutual intercourse, will eradicate local prej-
udices;— the channels of information will be opened wide, and far ex-
tended;— the spirit of learning will be called forth by every motive of
interest and laudable ambition; — genius, exalted by the magnitude of the
objects presented, will soar to the heights of science; — our general inter-
ests will be the same with those of the union — and represented in the
national councils, our local interests will have their due weight. As an
inland country, from the encouragement given to arts and manufactures,
we shall receive more than a proportional advantage. And in the event
of a war, an attack upon us will be felt through every member of the
union: national safety — national pride, and national resentment — a re-
sentment, not the petulance of a tribe, but great as the nation otfended,
will all conspire in our defence — in a word, independent, we must ever
remain little, and I might almost say, contemptible; — but united, we be-
come great, from the reflected greatness of the empire with which we
unite.
These observations relate to the expediency of our joining the union
in our present situation, and to the removal of such objections as may
arise to the measure, antecedent to a discussion of the constitution un-
der consideration. I shall not now enter into a minute investigation of
this constitution; but shall briefly observe upon some of its leading fea-
tures— the principal end in view in its formation — and how far it is cal-
culated to attain that end. The principal end in view, and which has
heretofore been the grand desideratum in federal politics, is to bring all
the members of the union to act in concert in those measures which con-
cern the general interest of the confederacy. This in federal govern-
ments has been attempted principally in three modes.
The flrst mode is by a council empowered to legislate on the states
composing the union. Such was the council of the amphictyons at the
head of the confederated states of ancient Greece. In this case, as the
council can legislate only upon states, a delinquent cannot be less than
a whole state, already possessed of arms and councils for a formidable
opposition. To enforce the decrees of the council, which we may call
the laws of the union, it frequently becomes necessary to call out the
troops of the complying states, and to compel obedience by dint of
arms: this is to plunge the nation into all the horrors of a civil war. The
history of ancient Greece, for many years, is infamous for a succession
of such wars. Such was the famous peloponesian war, which raged with
almost unabated fury near thirty years. This ever has been and ever
will be the effect of this kind of government, unless with the late con-
gress of the united states they should suffer their laws and ordinances to
be violated with impunity — and the consequence will be the same: the
government will soon arrive at the lowest point of degradation, and
tremble on the brink of evanescence.
The second mode is by a council empowered only to propose measures
to the confederate states — but subject to the ratification of the states
severally, before they have the force of laws. — The united Netherlands
give an instance of this second form: the states general are the grand
council of the confederacy ; this council, though pompously stiled
THEIR HIGH MIGHTINESSES, have, in matters of national con-
cern, a power only to propose. The several states have reserved to
themselves the right of ratification — and no law can be constitutionally
binding until it has received the ratification of each individual state —
the veto of a single state in some instances little superior in point of ter-
ritory to the town of Bennington, may disconcert, and in fact has discon-
certed, the wisest measures. Frequently, on great emergencies, such is
the delay before all the states can be brought to act in concert, that the
Appendix 1. 471
opportunity of acting is forever lost. This has induced the states gen-
eral, aided by the stadtholder, (hereditary prince of Orange) who ad-
ministers the republic, and whose power and influence are very consider-
able, sometimes to act without, and even contrary to. the authority of
the smaller states. Such a disregard of the constitutional principles of
their union, however justifiable from impending necessity, has even
among that plodding phlegmatic people, produced violent convulsions —
and some within our memory.
The third form is by a council, or federal legislature, with power in
all instances that concern the confederacy at large, upon the citizens of
the several states — and to carry their laws into execution by officers of
their own appointment. Of this third form we have an instance in the
present constitution of the united states of America. In this case the
national legislature, in all matters that concern the general interest, em-
powered and limited by the constitution, legislate, not upon the states,
collectively, but upon the citizens of the union: no ratification is neces-
sary, but their own acts. The constitution, and all authoritative acts,
under that cons+itution, are the supreme law of the land-
To prevent different constitutions that might arise from different opin-
ions, in independent tribunals, under the bias of local interest, influence
or prejudice, the judiciary, for all causes arising under the constitution
and laws of the union, hold their office by the appointment of the su-
preme power of the confederacy; and are amenable only to that power:
— and their decisions are carried into effect by ministerial officers, ap-
pointed by the same authority. But while the national legislature are
vested with supreme power, in all matters that relate to the welfare of
the union, the states legislatures, within their several jurisdictions, re-
tain as sovereign, all those powers: — the due administration of which,
most endears government to mankind. To them it belongs among their
own citizens, to regulate the mode of acquiring, and to secure the acqui-
sitions of property — to redress injuries — to animadvert upon morals —
and to restrain and punish those crimes that attack private property
— violate personal security, and disturb the peace of society.
The senators of the united states appointed bv the several states legis-
latures, and to whom they are, from time to time, amenable, mayjustly be
considered as the guardians of the rights of those respective states against
all encroachments of the national government. The representatives in
congress, elected by the people, and dependent on them by the means of
biennial elections, are bound by all the ties of interest and affection, to
watch over the rights of the people, their electors, and the rights of the
states with which their electors are more immediately connected.
The power of appointing electors for the choice of president and vice-
president, gives the state legislatures a sufficient security on the execu-
tive of the federal government. It is true, this form of federal govern-
ment is almost a new phenomenon in the political world — hardly a
shadow of such federal powers, as they relate to the subjects of legisla-
tion, and the mode of execution, is to be found in the history of ancient
or modern politics. But in this age of improvement, no less in the
science of government than in other sciences, its novelty would not be
made a serious objection: yet it is acknowledged, that however beautiful
as delineated on paper, or in political theory, its efficiency in point of
practice might still be considered as problematical — had we not seen it
evinced by actual experiment. The idea only of the efficiency of that
government, at the instant of its organization, added strength to the
states governments, and put an end to those turbulent commotions, which
fnade some of them tremble for our political existence. Nor has this
state reaped an inconsiderable advantage from the suppression of that
472 Appendix I.
contagious spirit in the neighboring governments: two years have not
yet elapsed since the commencement of that administration. They have
made provision for funding the debts of the union — they have, in a great
measure, restored public credit; which from the weakness of the former
government, they found almost in a state of desperation — they have
availed the nation of a very productive revenue — they have made many
laws and regulations, the wisdom, justice, and equality of which, are ful-
ly evinced by a prompt and almost universal observance: in very few
instances have their courts been called to animadvert on a breach of their
laws. But this, it may be said, arises from a confidence of the people in
the members of that government: this undoubtedly has its influence,
but a people free, jealous and discerning, as the americans are, do not
suffer measures to pass unexamined: they will not give to any man or
set of men an unmerited confidence. — It is probable the national council
will long retain and that deservedly, the confidence of the people. The
people when called to chuse rulers and legislators for an extensive em-
pire, experience a dilation of mind; they rise above vulgar and local
prejudices, and confer their suffrages only on men, whose integrity and
abilities are equal to the task of empire.
One important consideration ought not to be omitted -the federal con-
stitution is still subject to amendments — whatever shall in practice be
found dangerous or impracticable, redundant or deficient, may be re-
trenched and corrected: that wisdom which formed it, aided and matured
by experience, may carry it to a far greater degree of perfection than any
thing which has been known in government.
Thus sir, I have briefly hinted the disadvantages that will accrue to us,
continuing independent; upon a supposition of its practicability. I have
observed some of the happy effects of an accession to the union. I
have pointed out the leading principles of the constitution, and its prob-
able and actual efficiency in strengthening the government ot the several
states, and in securing the tranquility, happiness and prosperity of the
union. The more minute investigations I leave at present; fully per-
suaded at the same time, that when accurately examined with that can-
dor and impartiality which will doubtless mark the deliberations of this
convention, every material objection, either to the constitution, or to the
accession of Vermont to the union, will be easily obviated or totally
disappear.
Mr. White rose to renew the motion of mr. USTiles to take up the con-
stitution paragraph by paragraph. He was seconded by mr. Farrand.
The house adjourned until afternoon without coming to any decision.
Friday, January 13 [7.]1 Three o'clock p. m.
Mr. Farrand again advanced the motion of discussing the constitution
by paragraphs.
Mr. Emmons rose, and observed, that the matters under consideration
were so weighty he wished them not to be hurried — he expressed a fear
that the people would suffer in their landed property — he said he was for
himself doubtful, and believed others were so too, whether, in case land
trials should be brought before the federal court, the least attention would
be paid to the late treaty with Kewyork — doubts, he observed, prevail,
whether that state had in reality a right to cede to Vermont the property
of individuals.
1 This date in the Gazette was a blunder of the printer, which was fol-
lowed in each succeding date. The Convention met on the 6th and
dissolved on the 10th of Jan. 1791.
Appendix I. 473
Mr. Bradley, mr. I. Smith, and others, answered mr. Emmons — they
went into a lengthy and well arranged train of arguments on the right
of Newyork to proceed in the manner they had done. Mr. Bradley elo-
quently defined the right of sovereignty in the several states — adverting,
in his speech, to the conduct of various sovereignties, both ancient and
modern.
Mr. Buck rose, and objected to the motion. He said it appeared to
him, that if the constitution was taken up paragraph by paragraph, it
would in effect foreclose any general observations upon the question
which was first to be attended to— that if those who had any objections
to make kept to the question before the convention, they would be con-
fined to those which arose from the constitution itself, and could not, with-
out departing from the point, offer any general observations upon the
expediency or inexpediency of taking it up at all, supposing it to be ever
so good — which appeared to him a question that ought first to be at-
tended to.
Here several members observed, that the motion was calculated to
bring on those debates — and that the door was now open for them. They
expressed their wishes, that the subject might be treated with the ut-
most candour, and clearly investigated— that if there were any who had
any general objections they would come forward. Mr. Buck rose again,
and in a lengthy speech observed, that it appeared to him there were
reasons to be offered against the adoption of the constitution at the pres-
ent time. Supposing the constitution to be ever so good an one, yet, in
order to a fair investigation of the question, as to the expediency of
adopting it, perhaps it would be necessary to consider the original cause
of all government : he urged that it originated from necessity ; that,
were it possible for a man to enjoy the blessings of society, security of
his person, liberty, and property, without the protection of government,
he must be happier in that state than to be under the controul of it;
that, in entering into compact and forming government, each individual
of the community must necessarily sacrifice such a part of his natural
liberty, his interest, and privileges, as to coincide with the common in-
terest of the whole; yet this sacrifice must be in some measure propor-
tionate to the diversity of interest to be found in the several parts of the
community — that the sacrifice of the individuals of a small community
must be less than those of a large one, where the interest must be sup-
posed more diverse. He observed, that Vermont, by her local situation,
had an uniformity of interest; that there was no mercantile and landed
interest found clashing here, and that of the lord and the tenant was not
known; the laws, therefore, were simple and suited to the whole; the
affairs of government were managed, as it were, under the eye of the
people, and the machine was so small that every one could look and see
how the wheels moved, and for this reason it was observable, that the
people were all politicians. But if Vermont came into the union,
the sacrifice she made must be great — her interest must then bend to
the interest of the union— where those clashing interests before men-
tioned were to be found. He said, the blessings resulting to Vermont
from her union with an extensive empire, enumerated by the honorable
member from Rutland, though very plausible, would not apply to the
bulk of the people: some few favorites of fortune, who from circum-
stances of birth, and advantage of education, might consider themselves
fair candidates for some post in government, might be animated by the
magnitude of the object, and soar to the height of science; but this num-
ber must be but small, wrhile on the other hand, the affairs of government
being at such a remove from the eye of the people they could have no know-
ledge of their transactions, and would naturally degenerate into a state of
474 Appendix I.
ignorance. He observed, that all extensive governments had a natural
tendency to destroy that equality among the people, which was necessary
to keep one part of mankind from oppressing the other; that there was
such a thirst for dominion and power implanted in the human breast,
that men were ever ready to make use of the advantages they had to
tyrannize over others; that as the stimulous to improvement in knowl-
edge, resulting from our union, would operate on a few only, it would
serve but to piace them as tyrants over an ignorant multitude. — For the
truth of these observations, he referred to the present state of the king-
doms of the world, and observed, that the rich, wise, powerful, and great,
bear a tyrannical sway, while they view the bulk of mankind in the same
light as we do those domestic animals that are subservient to our use;
and as to the salutary effects that our union would have on the morals of
the people,"6 we should in all probability experience quite the reverse of
what was suggested by the worthy member from Rutland — for it was ob-
servable, that luxury, debauchery, and licentiousness, were the attendants
on power. The court, he said, was the foundation from whence im-
morality was diffused among a nation: this was so true, that it had be-
come a common saying, that sincerity and honesty were strangers at
court; while real virtue and simple honesty were to be found in the cot-
tage. It must therefore be a given point, that Vermont (taking into
view the bulk of the people) must be much happier unconnected with
any other power, than to be in the union — and nothing but necessity
could [warrant her accession to the federal constitution; 'therefore, if it
was possible for her to support her independence, it wTas her wisdom to
remain independent. He said there were but two things that could ever
render it impossible, or prevent it. He agreed, that in case of war be-
tween Great britain and America, it would be impossible. But he urged,
that there was no prospect or probability of a war again taking place
between those powers; he likewise acknowledged that the local situation
of Vermont was such, that it was in the power of congress so to embar-
rass and hedge her up, as to render it impossible for her to exist; but it
was easy to determine whether congress would ever exert this power by
considering the state Vermont stood in, with respect to the united states;
and what probably would be the motives by which congress would be
influenced in her conduct — he said it would be that of her interest. He
said it was a just observation, that individuals were generally influenced
by their interest; but when applied to political bodies the rule was with-
out an exception: we might therefore fix upon it for certain, that the
view which congress had of their interest, would be the helm by which
they would invariably steer the federal ship; it remained therefore only
to shew, that it could not be for the interest of congress ever to lay any
embarrassments on us — and this, when we considered our situation in
respect to the union, was very apparent, for, upon the present plan of
taxation, which in all probability would not be altered as long as peace
remains, we paid, and ever should pay, every whit as much towards the
support of the federal government, as though we were in the union, it
could therefore, never, unless upon the prospect of an immediate war,
be for the interest of cougress to take measures to compel us in. — But
on the contrary, the moment we were received into the union, our sen-
ators, representatives, district judge, &c. must make an additional ex-
pense to the federal government — besides, if congress set us upon the
same fooling with other states, she must assume our expenses of the war;
congress must therefore, instead of gaining by our union, be the losers.
He observed, that congress had never noticed us, or taken one step that
indicated a wish for our union — that all that had been done was in con-
sequence of the movements of Newyork, who had, until congress sat in
Appendix 1. 475
that state, stood our avowed enemy; and that it was easy to see the mo-
tive which caused Newyork so suddenly to change her policy. He said,
Newyork viewed the seat of the federal government as an ohject of
greater importance than their claim to Vermont, they had therefore sac-
rificed that, and were now exerting themselves, to the utmost, to bring
Vermont into union; that thereby they might add another weight to the
northern scale. But by the doings of congress, we found that there were
a majority in that body who were pursuing an object which clashed with
the view of Newyork, and that the same voices which decided that the
seat of government should be carried to the Potomac, would, in all prob-
ability, "decide, that Vermont should not be received until the permanent
seat of federal government should be unalterably fixed. Therefore,
as the advantage Vermont would receive from the union, would by no
means be adequate to the sacrifice she must make — as she had long ex-
isted as an independent state, and might long continue so — and as in all
probability she would be rejected by congress, if she made application,
there could be no necessity or expediency in acceding to the union, or
adopting the constitution.
Mr. Bradley answered Mr. Buck — and went into a full consideration
of the reasons" offered by the worthy member against the adoption of the
constitution at the present time — he observed that most of the arguments
would equally apply against our ever adopting the constitution, and
many of them against the government in general — he clearly pointed out
the state and situation in which Vermont stood, totally incapable of sup-
porting the rights of sovereignty, or protecting her own citizens from inva-
sions*— that the evil would be equally ruinous in its consequences if the
united states should withdraw their claim of sovereignty, and consider
Vermont a sovereign state, as it would should they attempt to annihilate
the jurisdiction, and enforce obedience to the laws of the union — he
said, every principle 'of national policy obliged congress to consider Ver-
mont as a sovereign state, or as belonging to the union — if as a sovereign
state, they will treat her as such, and withdraw from her all protection
— if as belonging to the united states, and for whose conduct they must
be responsible to the nations of the world, they will undoubtedly exer-
cise their jurisdiction over her; and in case Vermont refuses to adopt
the constitution and become a member of the union, they will either
compel her to come in by force, or dismember her among the united
states — that in fine the important decision of this convention will deter-
mine congress the part they have to act— he said the worthy member
from Norwich had stated two instances, in which it would be impossible
for Vermont to maintain her independence; one was, in case of War be-
tween Great britain and America; the other, when congress should treat
her as a sovereign state — or in other words, embarrass and hedge her up
— he appealed to the judgment of every member, whether the true in-
terest of the state did not require, in their present situation, an immedi-
ate union with her sister states, that they might grow up together in
friendship under the same government — rather than wait the uncertainty
of those events, which may oblige this government in a servile manner
to seek protection from those, who will then have it in their power to
grant it on such terms as they please — he reprobated, in the most severe
terms, every idea that had been thrown out against congress, or the
state of Newyork; and said the sacrifice that had been made by the state
of Newyork, and several of the united states, might teach that gentle-
man a lesson, that governments were capable of acting from noble,
extensive and disinterested views — he considered the objections raised
476 Appendix I.
against being received into the union by congress as having no weight —
and said the acquisition of one hundred thousand free persons to their
government, and extending empire over the whole, was an object not to
be compared with the trifling expense that might accrue by that addi-
tion— he considered the many advantages that would be derived from
the union — that Vermont would enjoy a full participation of the benefits
of every seaport in the united slates, a recognition of her sovereignty,
protection from foreign invasion, security against intestine convulsions,
and the many blessings ensured by a mild and energetic government —
he declared he could not think the worthy member serious when he
talked of the sacrifice that Vermont must make — and entered minutely
into the power given congress by the constitution— and clearly showed
that the rights surrendered were of such a nature, though claimed by
this state as an independent sovereignty, that they had in but very few
instances ever been exercised — he went through the several paragraphs
in the constitution — defined the power of congress — and pointed out in
every particular the nature and extent of that power, and the necessity
of its being lodged in some general head for the protection of the whole
— and concluded with some just remarks upon the excellency of the con-
stitution : that while it gave congress the power necessary to secure and
protect the sovereignty of tin; whole, it ensured to each state the
sovereignty necessary to secure and protect the rights of persons and
property.
Mr. Bradley was ably supported by mr. Hitchcock, mr. I. Smith, and
several others.
Adjourned untill to-morrow.
Saturday, January 14 [8.] Nine o'clock a. m.
The question with respect to the expediency of an immedate adoption
of the constitution still under consideration:
Mr. Buck rose and said, that having the evening before more closely
attended to the constitution in question, than his leisure had before per-
mitted, he had obtained conviclion that the danger of losing the sove-
reignty of the seperate states, by entering the union, was not so great as
he had imagined; the cession of power to congress was not so great as
he had conceived it to be, and the rights of the state sovereignties more
guarded. He however still retained the sentiment that it was notadvisea-
ble for Vermont precipitately to seek'for union. Congress has yet never
solicited Vermont to adopt the constitution, or even made the most dis-
tant overtures to her on the subject: to rush forward therefore, uninvi-
ted, and before real property was permanently secured, appeared to him
not only unnecessary but improper.
Mr. I. Smith in a consise and masterly manner obviated the seeming
difficulties mentioned by mr. Buck and others, and declared himself
much in favor of the motion.
Mr. Loomis rose and observed, that he approved of the federal consti-
tution : he thought it well calculated to serve the interest of those states
by whom it had been adopted, and had no doubt in his mind but what
it would be best for Vermont to adopt it at a proper time; but there were
certain matters necessary to be attended to, at least in his view, previous
to that step being taken, viz. Congress ought previously to ratify the late
treaty with Newyork, and the debt of fhis state incurred by exertions in
the common cause, during the late war, ought to be assumed by the
union. The act of Vermont for specifically fulfilling contracts, required,
in his opinion, careful attention : for should the constitution now be
adopted, it would operate as a repeal of this act, and of course work an
injury to the subject: — he believed it to be an indisputable fact, that con-
Appendix I. 477
tracts now existing for grain, cattle, &c. were made twenty-five or per-
haps thirty per cent higher on account of said act; the consequence of
an immediate adoption therefore, would be an augmentation of the de-
mand of the creditor of near thirty per cent, and a great injury to the
debtor.
Mr. Green observed, That the gentlemen who had spoken before him,
had so clearly elucidated the subject, particularly in his view, on that
side of the question he meant to espouse, that he could scarcely indulge
the hope of giving additional light on the topic. It appeared to him that
the question was now reduced to this, whether Vermont would become
a member of the union, or remain an independent sovereignty. If an
independent sovereignty, congress would doubtless treat us as other
aliens; and the immediate consequence would be destruction to the en-
ergy of Our government; it would become the interest of the union to
foment discord among us; it must totally destroy social intercourse
between us and them, and irradicate the idea -of credit. For what man,
says he, would venture his property with his neighbor, to any consider-
able amount, when the debtor, by only crossing a river or lake, may
place himself in a sovereign state, free from the power of his creditor.
But were these difficulties removed, the very idea is inadmissible, that
congress will consent to have an independent sovereignty within their
lines of jurisdiction. Were the united states still under the old confed-
eration, possessed only of a power to advise and recommend, we might
perhaps with advantage remain free and independent. But the govern-
ment is now efficient; and surrounded as we are on three sides by its
members, were they to prohibit our traffic with them, what would become
of Vermont? where should we carry our produce? perhaps some may
say to Canada, but Canada it is well known is a poor market, and soon
overstocked. And indeed from the part of the state he represented, it
would never answer, even were the markets tolerably good, to export
many articles to Canada; he instanced pot and pearl ashes, &c, the con-
sequence of which, said he, need not be pointed out to the enlightened
understanding of this house. Congress can compel us to join the union,
on their own terms, without having recourse to arms: Let them only
prohibit exportation to or importation from Vermont, and we must sink
or comply. This must be the case, continued he, or their revenues will
be defrauded by reason of illicit traffic, which could easily be carried on
with Canada, through Vermont. From every view of the subject there-
fore, as no gentleman had objected to the constitution itself, but only to
the expediency of present adoption, he was clearly of opinion that by
entering the union at present, our state government would acquire energy
at home and respectability abroad.
Adjourned till two o'clock p. m.
Saturday, January 15 [8.] Two o'clock p. m.
The convention met according to adjournment, and the clerk pursu-
ant to order, read the constitution, making a short pause between the
paragraphs, to give suitable opportunity for objections. The consti-
tution having been read, together with the articles of amendment
annexed,
Mr. Farrand rose and wished for information, whether the articles of
amendment annexed to the constitution, and just read by the clerk, had
received the sanction of congress, so far as to become a part of it? if
not, he queried, whether there would not be an impropriety in Vermont's
adopting the whole.
Dr. Green replied, that the adoption of the constitution, with the
amendments, could not be deemed improper, as a precedent of that kind
already existed, viz. the mode adopted by Rhodeisland.
478 Appendix L
Mr. Bradley introduced a motion, seconded by mr. Hitchcock, that
convention proceed to choose a committee of five to make a suitable
draft of a form of assent to' the constitution, and lay it before convention
on Monday morning.
Mr. Emmons said, he viewed the matter under consideration, and the
determinations of convention, to be of the most serious consequence:
he wished therefore to proceed with the utmost deliberation. Our pres-
ent transaction, says he, may not perhaps be unaptly applied to the act
of Adam in eating the forbidden fruit. Were we only acting in town-
meeting, or even as legislators, the importance and solemnity of the
matter would be vastly less, said he, in my view, since the mistakes of
one session may be rectified at another. We are now acting for future
generations, and the determinations of this body will most probably af-
fect posterity even to the end of time. He wished therefore, for an
adjournment of the convention untill some future day, perhaps the be-
ginning of October next.' The people are not yet clear in the idea of
the propriety of entering the union at present. It is but a short period
since they looked on the constitution as a thing in which they were
deeply interested. The difficulties which have lain in the way are now
removed by the treaty with Newyork, but people still entertain jealousies
respecting the conduct of that state; they do not really perceive the
reason of so great a change in their state policy, and feel fearful lest some
trap should be found hidden by a fair disguise. I conclude, said he,
they would wish for more time, that they might obtain light in this point
and gain a more competent knowledge of the constitution. He was the
more firmly persuaded of the propriety of this measure from observing
what the consequence had been of several states being cautious of
entering the union : to this alone he imputed the several existing
amendments.
Mr. N. Chipman said, he could not see the propriety of adjourning
the convention by any means; he believed the gentleman who spoke
last had declared his real sentiment, with respect to' people's not wishing
to enter the union at present, but he must impute it to his want of gen-
eral information. In the town mr. Emmons represents, remote from
every channel of intelligence, people may entertain groundless jeal-
ousies; but the freemen of Vermont at large, continued he, as far as
my acquaintance has extended, are in favor of an immediate adoption.
The matter, he observed, was not new, it has been, says he, the topic of
conversation for years, and a favorable opportunity carefully and dilli-
gently sought for the admission of Vermont into the federal union. By
the late negociation with Newyork, obstacles are removed, but with this
proviso, that Vermont adopt the federal constitution within two years.
The people have a general knowledge of the principles of the federal
government; this is all they will ever attain to; it is not to be presumed
that they will study it as they do their alphabet: communities attain such
knowledge by delegation: the delegates are virtually the people them-
selves. The freemen have doubtless chosen men to form the present con-
vention, in whom they implicitly confide, or with whose sentiments, and
the reasons on which they are founded, they have made themselves ac-
quainted. It is a matter of great consequence, said he, to secure to Ver-
mont the advantage of the late treaty with Kewyork, which depends on
a speedy adoption of the constitution in question. No reason therefore
existing in his mind, for postponing the business, but weighty considera-
tions operating in favor of the measure, he wished mr. Bradley's motion
to be attended to.
Mr. Loomis coincided in sentiment with mr. Emmons. He could see
no reason for doing business in a hurry— America being now perfectly
Appendix I. 479
at peace with all nations, Vermont could not be endangered by taking a
few months for consideration.— He wished the people to have opportunity
to become better acquainted with the constitution, and obtain satisfac-
tion with respect to the real security of their landed property.
Mr. Bradley rose to enforce the necessity of immediate adoption. He
spoke in the most respectful terms of Newyork, and contrasted the tri-
fling relinquishment of claims they had made to Vermont, with the noble
sacrifices they made to the union, at the period when they adopted the
constitution. At that time, said he, they enjoyed advantages peculiar
to themselves, — advantages which enabled them to discharge their pub-
lic debts with facility, and even to accumulate wealth in their public
coffers, by means of their state imposts, &c. But they generously re-
linquished all to join the general government, and advance the interest
of the union. He requested the particular attention of the convention, to
a short matter of fact, which his having had the honor to act as a commis-
sioner in the late negociation with Kewyork, enabled him to state, and
which would perhaps have a tendency to remove jealousies respecting
the security of landed property, in any wise affected by the treaty
with Newyork.
At the period of the final ratification of that treaty, said he, there
were three fair copies thereof engrossed on parchment, one of which
was designed for and is now lodged in the secretary's office in Newyork,
one in the secretary's office of this state, and the third to be carried for-
ward to the seat of federal government, whenever we applied for admis-
sion into the union, to be deposited in the archieves of congress, as the
foundation for admission of Vermont into the federal union. This, says
the honorable gentleman, was the idea entertained by the commissioners
of both spates, and several members of congress present at the time
joined fully in the sentiment, that the stipulations of that treaty would
form the basis of our admission into the union.
Mr. Niles made many pertinent observations on the impropriety of
defering the adoption till a future day. He wished matters to be treated
with the greatest candor. Let every member, says he, state his objec-
tions ireely, and let every argument be duly attended to — but suffer not
division of sentiment to prevail in community if possible to avoid it. It
is a certain truth that warm spirits exist among us — these warm spirits
may be heated, and being heated may diffuse of their warmth to others,
and by so doing may kindle a flame in society the effect of which may be
destructive to its peace.
The motion for appointing a committee to draw up a suitable form
of ratification, &c. was put and carried in the affirmative by a great
majority.
The convention adjourned untill Monday morning nine o'clock.
Monday, January 17 [10] nine o'clock a. m.
Convention met pursuant to adjournment.
The committee reported a form of adoption of the federal constitution,
to be entered into by Vermont, which being read produced some debate,
in the course of which mr. I. Allen proposed an amendment to the form,
which being agreed to by the house, the grand question was put and
carried by a unanimous vote.1
1 See the official report of the President and Secretary of the Conven-
tion.
480
Appendix I.
Act and Resolutions of the Convention, transmitted to the General
Assembly of Vermont, and the President of the United States.1
STATE OF VERMONT—
In Convention of the Delegates of the People of the State of Vermont.
Whereas, by an Act of the Commissioners of the State of New York,
done at New York, the Seventh day of October, in the fifteenth year of
the Independence of the United States of America, one thousand seven
hundred and ninety, every impediment, as well on the part of the State
of New York, as on the part of the State of Vermont, to the admission
of the State of Vermont into the Union of the United States of America,
is removed; — In full faith and assurance that the same will stand ap-
proved and ratified by Congress; —
This Convention, having impartially deliberated upon the Constitution
of the United States of America, as now established, submitted to us by
an Act of the General Assembly of the State Vermont passed October
the twenty seventh one thousand seven hundred and ninety, Do, in vir-
tue of the power and authority to us given, for that purpose, fully and
entirely approve of, assent to, and ratify the said Constitution; And
declare that, immediately from, and after, this State shall be admitted
by the Congress into the Union, and to a full participation of the
benefits of the government now enjoyed by the States in the Union,
the same shall be binding on us and the people of the State of Vermont
forever.
Done at Bennington, in the County of Bennington, the tenth day of
January, in the 15th year of the Independence of the United States of
America, one thousand seven hundred and ninety one. — In testimony
whereof we have hereunto Subscribed our Names —
Thos- Chittenden, President,
Moses Robinson, Vice President,
Tim0 Brownson
John Fasset
John Strong
Jonathan Hunt
Gideon Olin
Stephen R. Bradley
Janna Churchill
Ebenr- Wilson
John White
Daniel Shearman
Abel Waters
James Shafter
Edward Aiken
Simon Stevens
Abel Thompson
Joshua Wood
Nath1- Chipman
Thos- Hammond
Benja. Holcomb
Peter Briggs
John M'Neile
Oliver Gallup
Lem. Chipman
Samuel Miller
Israel Smith
Benj. Greene
Andrew Selden
John Marsh
Gardiner Chandler
Timo.y Todd
Calvin Knoulton
Timothy Bliss
W. C. Harrington
Josiah Edson
N. [Noah] Lee
Isaac Lyman
Daniel Jewet
John Forgason
Reuben Thomas
Thomas Jewett
Asaph Fletcher
Elijah Lovell
John Rich
John Barron
Amos Brownson
David Hopkinson
Dan1 Kingsbury
Sam1 Harrison
Mich'1 Flynn
Cornelius Lynde
John N. Bennet
Jonathan Brewster
Jona M'Connell
Benj Henry
Samuel Lathrop
Oliver Pier
Nathl Stoughton
Martin Powel
Nathan Daniels
Jason Duncan
Elias Curtis
Samel Beach
Benja- Emmons
Alex Brush
Daniel Gilbert
Ira Allen
Timothy Castle
Eleazer Claghorn
Silas Tupper
David Palmer
W™ Perry
Joseph Warner
1 From the original, now in possession of the Vermont Historical
Society.
Appendix 1.
481
Asahel Smith
Simeon Smith
John Shumway
Silas Hathaway
Tho8- Porter
John Smith
Elisha Barber
Wm- Ward [of Poultney]
Joseph Beeman
Heman Durkee
E. [Emanuel] Case
Peter Pennock
Martin Chittenden
Josiah Pond
W»? Slade
John Spafford
Peter Sleeman
Jonas Whitney
Nathel- Niles
Alexr Harvey
Wm Chamberlain
Daniel Buck
Daniel Farrand
Abraham Morrill
Beriah Loomis
Asahel Jackson
Jona- Arnold
Sam1 Gatt [Gates.]
Ebenr Allen
Enos Wood
Sam1 Hitchcock
State of Vermont ss Bennington January 10*- 1791.
The foregoing ratification was agreed to, and signed by one hundred
dissented to, by four; which is a majority of one hundred
THOs CHITTENDEN, President.
Hopkins, Secy of Convention.
and five, and
and one.1
Attest Ros1
State of Vermont— lira Convention Bennington J any- 1(H- 1791 —
Resolved (the Governor of this State being President) that the Vice
President be and hereby is directed to transmit to his Excellency the
Governor Duplicates of the act of this Convention ratifying the Consti-
tution of the United States of America to be by him transmitted to the
President of the United States and the Legislature of this State.
Attest RosL- Hopkins Sec.y2
State of Vermont. In Convention, Bennington, Jan^- 10th 1791.
Resolved that the following recommendations be signed by the Vice
President and Countersigned by the Secretary of this Convention and be
by the Vice President transmitted to the Governor of this State to be by
him communicated to the Legislature, viz.
Resolved that it be recommended by this Convention to the Legisla-
ture at their adjourned session in January instant to take effectual
measures in the proposed negociation with the Congress of the United
States of America for the admission of this State into the Confederated
government that the act of the Commissioners of the State of New York
for removing obstacles &c. done at New York on the 7*- day of Octr- in
the 15*- year of the Independence of the United States of America A.
D. 1790 — and the act of this State in consequence thereof— also an act
of this State intitled an act for quieting [settling] disputes concerning
landed property 3 be in no wise impeached but that the same be and re-
main in full force to all intents & purposes for which they were enacted
& made.
Be it further recommended that the legislature so modify the several
laws commonly called tender acts as shall be least obnoxious to the con-
stitution of the United States & least prejudicial to the citizens of this
1 On comparing the signatures to this act with the roll of dele-
gates, it is found that the dissenters were Daniel Heald of Chester,
Moses Warner of Andover, Benjamin Perkins of Bridgewater, and
Enoch Emerson of Bridgewater.
2 For proceedings of the General Assembly on this subject see ante,
pp. 218-20, 223-4, 226 note, 227.
s Supposed to mean the betterment act of 1785.
32
482 Appendix I.
& the United States, where contracts are subject to the operation of these
Laws.1
Be it further recommended that as soon as this State shall be received
into the Union the Legislature do take the most effectual measures to
procure an equitable adjustment of the expenditures of this State during
the late War between Great Britain & the United States.
By order of Convention,
Moses Robinson, V. President.
Attest Ros. Hopkins Secy-*
The adoption of the constitution of the United States by Vermont
was an occasion of joy in the nation, and specially in New York and
Vermont, the States which had been so long contending. The Vermont
Gazette of Jan. 24 1791 contained the following:
Albany, [N. T.,] January 13.
XlVth PILLAR OF OUR FREE AND HAPPY FEDERAL
GOVERNMENT.
Yesterday morning, the pleasing intelligence of our sister state, VER-
MONT, having adopted the american constitution, by a state convention,
was received by a gentleman of character from that quarter — and at one
o'clock, the independent company of artillery paraded, in uniform, and
fired a federal salute of 14 guns from Forthill, which was followed by
three cheerful huzzas, from a number of our most respectable citizens.
This agreeable event, which closes the circle of our federal union, can-
not fail of being received with the utmost satisfaction by all americans,
of every description, who are friends to order, unanimity, and good gov-
ernment, and to the true welfare of our happy country."
1 Jan 25 1791, the " act to compel the fulfilment of contracts according
to the intent of the parties" was so amended as to extend to no contracts
entered into after the first day of June 1791.
2 Vermont Ms. State Papers; Vol 30, p. 164.
3 The same number of the Gazette contained an extract from a letter
written by a member of Congress to a gentleman in Bennington, cover-
ing a copy of a bill for the admission of Kentucky into the Union, which
passed the Senate on the 5th of January. This was sent for the purpose
of inducing Vermont to adopt the federal constitution, but it was not
received until after the convention had completed its work. The Ken-
tucky act was approved on the 4th, and the Vermont act on the 18th of
February 1791. By these acts Kentucky was to be admitted on the first
day of June 1792, and Vermont on the 4th day of March 1791 : so Ver-
mont was the first State admitted into the Union under the constitution.
Appendix L 483
Celebration at Rutland, March 8 1791.
Copy of a letter from Rutland, dated March 9. *-
Yesterday a numerous collection of the federal citizens of Vermont,
met at the town square in this town to cellebrate the accession of this
State to the federal union.
The federal standard was hoisted at six o'clock in the morning, orna-
mented with fifteen stripes, and the field emblazoned with two stars, rep-
resenting the states of Vermont and the new state of Kentucky. About
five in the afternoon, a large body of citizens assembled at Williams's
inn, consisting of the judges of the supreme federal court, the attorney
general and other officers of the court, the rev. clergy of the vicinity,
with a large number of respectable citizens from this and the neighbor-
ing states.
After an economical collation the following federal toasts were drank,
under the discharge of cannon, fired by the volunteer corps of artillery,
under the directon of capt. Samuel Prentiss.2
1. The president. A discharge of fifteen cannon.
2. The vice president and congress.
3. The allies of the united states.
4. The state of Newyork.
5. His excellency governor Chittenden.
6. The union of 'Vermont with the united states, — may it flourish like
our pines and continue unshaken as our mountains.
7. May the new states soon rival the old in federal virtues.
8. May the federal officers of the district of Vermont act with integrity
and merit the confidence of the people.
9. May the patriotism of America secure it from venality.
10. The union of states, interests and hearts.
11. Arts, sciences, manufactures and agriculture.
12. The clergy, may they unite to dispel the clouds of ignorance and
superstition.
13. The memorable 16th of August, on which was fought the glorious
battle of Bennington.
14. The conjugal union and rising generation.
15. May we never experience a less happy moment than the present
under the federal government.
The following song composed for the occasion was sung by a select
choir cf singers, accompanied by the whole. [Tune Washington's birth-
day.]
/~10ME every federal son,
^ Let each v ermonter come,
And take his glass,
Long live great Washington,
Glory's immortal son;
Bright as the rolling sun,
O'er us doth pass.
Hail hail this happy day,
When we allegiance pay,
T' our federal head,
1 From the Vermont Gazette of March 21 1791.
2 Samuel Prentiss of Rutland was a member of the bar of Rutland
county in 1794-5. Chief justice Samuel Prentiss of Montpelier was then
only thirteen years of age.
484 Appendix I.
Bright in these western skies,
Shall our new star arise,
Striking our enemies
With fear and dread.
Come each Greenmountain boy,
Swell every breast with joy,
Hail our good laud,
As our pines climb the air,
Firm as our mountains are,
Federal beyond compare,
Proudly we stand.
Fill fill your bumpers high,
Let the notes rend the sky,
Free we'll remain,
By that immortal crown
Of glory and renown,
Which our brave heroes won
On blood stain'd plain.
Then come join hand in hand
Like a firm federal band,
Bound by our [one] law,
From our firm union springs
Blessings unknown to kings,
Then each shout as he sings
Federal huzza.
Volunteer toast. May the Vermonters become as eminent in the
arts of peace as they have been glorious in those of war.
The festival was concluded with continued demonstrations of joy. In
the evening the ladies of the vicinity honored the -youthful part of the
company with their presence at a ball.
APPENDIX K.
ADMISSION OF VERMONT INTO THE UNION.
An Act for the appointment of Commissioners from this State for the
purpose of repairing to the Congress of the United States and de-
claring their duty. [Passed Jany 20** 1791.
It is hereby Enacted by the General Assembly of the Stole of Vermont
that Nathaniel Chipman and Lewis B. Morris Esquires he '& they are
hereby appointed Commissioners from this State to repair as soon as
may be to the Congress of the United States of America whose duty it
shall be there to endeavour that such act or acts as congress may pass
for the purpose of admitting the State of Vermont into the government
of the United States be so predicated on, and in affirmauee of the act of
the commissioners of the State of New York done at New York October
seventh one thousand seven hundred and ninety—and of an act of this
State in consequence thereof entitled "an act directing the payment of
thirty thousand dollars to the State of New York and declaring what
shall be the boundary line between the State of Vermont and the State
of New York & declaring certain grants therein mentioned extin-
guished," passed October twenty eighth, one thousand seven hundred
& ninety, that the same be made the basis of the union of this State
with the United States — and further that it be the duty of said com-
missioners in such act or acts of Congress as shall recognize the sover-
eignty & independence of this State to endeavour that the same extend
back as far as the first formation of government in this State. — And
It is hereby further Enacted by the Authority aforesaid that, whereas
the number of free persons in the State of Vermont exceed in the opin-
ion of this Legislature ninety thousand, it shall therefore be the duty of
said Commissioners to represent the same to Congress & endeavour that
said State by act of Congress be entitled to chuse three representatives
in the Second Congress of the United States of America.1
1 Jan. 27 1791, an act was passed by the General Assembly dividing
the State into three congressional districts: Bennington and Windham
counties forming the first district; Windsor and Orange the second; and
Rutland, Addison, and Chittenden the third. But in anticipation that
Congress would admit Only two representatives, the counties on the
west side of the mountains were to form the first district, and those on
the east the second.
486 Appendix K.
Action in Congress.
In Senate, Feb. 9 1791. — The following message was received from
the President of the United States:
Gentlemen of the Senate, and Home of Representatives:
I have received from, the Governor of Vermont, authentic documents expressing the
consent of the Legislatures of New York and of the Territory of Vermont, that the said
Territory shall be admitted to be a distinct member of our Union, and a memorial of
Nathaniel Chipman and Lewis R. Morris, commissioners from the said Territory,
praying the consent of Congress to that admission, by the name and style of the State
of Vermont ; copies of which I now lay before Congress, with whom the Constitution
has vested the object of these proceedings. Geo. Washington.
United States, Feb. 9, 1791.
Ordered, That the message from the President of the United States
of this date, with the papers accompanying it, be referred to Messrs.
[Rums] King [of New York,] [James] Monroe [of Virginia,] [Oliver]
Ellsworth [of Connecticut.] [John] Langdon [of New Hampshire,] and
[Benjamin] Hawkins [of North Carolina.]
February 10. — Mr. King, from the committee to whom was referred
the message from the President of the United States of the 9th instant,
relative to the State of Vermont, with the papers therein contained, re-
ported a bill for the admission of the State of Vermont into this Union.
The bill was read the first time. Ordered, That this bill pass to the
second reading.
February 11. — The bill for the admission of the State of Vermont into
this Union was read the second time, and, on motion, it was agreed that
the second section should be expunged. 1 Ordered, That this bill pass to
the third reading.
On motion, it was agreed by unanimous consent, to dispense with the
rule, so far as to permit Mr. King at this time to bring in a bill regulat-
ing the number of representatives to be chosen by the States of "Ken-
tucky and Vermont; which bill was read the first time. It was agreed,
by unanimous consent, that the rule be so far dispensed with, as that
this bill be now read the second time. Ordered, That this bill pass to
the third reading.
February 12. — The Senate proceeded to the third reading of the bill
for the admission of the State of Vermont into this Union. Resolved,
That this bill do pass.
The Senate proceeded to the third reading of the bill regulating the
number of representatives to be chosen by the States of Kentucky and
Vermont. Resolved, That this bill do pass.2
February 14. — A message from the House of Representatives in7
formed the Senate that they have passed the bill sent from the Senate,
for the admission of the State of Vermont into this Union.3
Nathaniel (Jhipman to Gov. Chittenden.*
Rutland, March 23, 1791.
Sir: — I returned from Philada. about three weeks since. In the pros-
ecution of our mission we experienced every possible attention and friend-
1 Probably the second section fixed the number of representatives in
Congress, and it was deemed best to do this for both Kentucky and Ver-
mont in a separate bill.
2 Two representatives were assigned to each State.
3 Debates in Congress, old series, Vol. n, pp. 1798-1800.
* Vt. Ms. State Papers, Vol. xxiv, p. 37.
Appendix K, 487
ly assistance. An act past admitting Vt. into the Unn as a State already-
formed and from the first rightfully possessed of sovereignty independ-
ent of the union. This clearly secures our property vested by former
laws, for if we had a right to make laws previous to the union, which
could vest property, the admission cannot have a retrament [retroactive
effect] to divest. Another act is past allowing us two representatives.
We found the former apportionment was one representative to forty
thousand, tho' after the census there will be one to thirty thousand. A
third act passed giving effect to the laws of the Union within the State
of Vermont, by which Vt. was formed into a district of the Union.
These acts were to take effect on the fourth of inst. March. They were
not enrolled, so that certified copies could be taken. My business would
not permit me to tarry longer. Mr. Morris waited. I hear he returned
last Wednesday, and the papers will be transmitted to you by the Windsor
post, perhaps before this is received, for which reason I am less explicit.
Mr. [Noah] Smith I left in Philadelphia. I hear he is appointed Super-
visor of Excise for this District. If so, 1 fancy the business of Senators
is settled. Please to excuse this hasty scrawl. I am, sir, with the great-
est respect your most obedient servant. Nathl. Chipman.
Gov. Chittenden.
Vermont Commissioners to Gov. Chittenden.1
Sir: — We should have done ourselves the honor of communicating to
your Excy long ere this the result of our commission to Congress, had
not a variety of circumstances intervened to prevent. We flatter our-
selves that no further apology will be necessary. We will therefore re-
fer your Excellency to the dispatches communicated by the Secretary
of State for the success of our mission, which we flatter ourselves must
meet with your approbation.
The simple and concise terms in which the laws relative to the admis-
sion of this State are couched cannot fail of giving you great satisfaction,
and we cannot, sir, in justice to ourselves close this communication, with-
out expressing the high sense we entertain of the candour of Congress
and the many civilities we received in the discharge of our duty.
We are, with the greatest respect, Your Excellency s' most obedient
humble servants,
Nathl. Chipman,
L. R. Morris.
Rutland, 2d May, 1791.
His Excellency, Governor Chittenden.
U. S. Secretary of State to Gov. Chittenden.3
Sir: — 1 have the Honor to send you herein enclosed a Collection of the
Acts passed at the third Session of the Congress of the United States of
America, and of being with Sentiments of the most perfect Respect
Your Excellency's
Most obedient &
Most humble Serv*- Th: Jefferson.
His Excellency )
The Governor of the State >
of Vermont. )
An act for the admission of the State of Vermont into this Union.
The State of Vermont having petitioned the Congress to be admitted
a member of the United States —
1 Vt. Ms. State Papers, Vol. xxiv, p. 39.
2 Vermont Ms. State Papers, Vol. 24, p. 36.
488 Appendix K.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled, and it is hereby enacted & de-
dared, That on the the fourth day of March, one thousand seven hun-
dred and ninety-one, the said State, by the name and style of u the State
of Vermont," shall be received and admitted into this Union, as a new
and entire member of the United States of America.
Frederick A. Muhlenbergh,
Speaker of the House of Representatives.
John Adams,
Vice President of the United States, and President of the Senate.
Approved, February 18th, 1791.
George Washington, President of the United States.
(True copy.)
Thomas Jefferson, Secretary of State.
An act regulating the number of Representatives to be chosen by the
states of Kentucky and Vermont,
Be it enacted, dec, That until the representatives in Congress shall be
apportioned according to an actual enumeration of the inhabitants of
the United Stales, the States of Kentucky and Vermont shall each be
entitled to choose two representatives.
Frederick A. Muhlenbergh,
Speaker of the House of Representatives.
John Adams,
Vice President of the United States, and President of the Senate. -
Approved, February 25, 1791.
George' Washington, President of the United States.
(True copy)
Thomas Jefferson, Secretary of State.
An Act giving effect to the laws of the United States within the State
of Vermont.
Sec. 1. Be it enacted, &c, That from and after the third day of March
next, all the laws of the United States, which are not localty inapplica-
ble, ought to have, and shall have, the same force and effect within the
State of Vermont, as elsewhere within the United States.
And to the end that the act, entitled "An act to establish the judicial
courts of the United States," may be duly administered within the said
State of Vermont,
Sec. 2. Be it further enacted, That the said State shall be one district,
to be denominated Vermont district ; and there shall be a district court
therein, to consist of one judge, who shall reside within the said dis-
trict, and be called a district judge, and shall hold annually four ses-
sions; the first to commence on the first Monday in May next, and the
three other sessions progressively on the like Monday of every third cal-
endar month afterwards. The said district court shall be held alter-
nately at the towns of Rutland and Windsor, beginning at the first.
Sec. 3. And be it further enacted, That the said district shall be, and
the same hereby is, annexed to the eastern circuit. And there shall be
held annually in the said district one circuit court: the first session shall
commence on the seventeenth day of June next, and the subsequent
sessions on the like day of June afterwards, except when any of these
days shall happen on a Sunday, and then the session shall commence on
the day following; and the said sessions of the circuit court shall be held
at the town of Bennington.
Sec. 4. And be it further enacted, That there shall be allowed to the
judge of the said district court the yearly compensation of eight hundred
Appendix K. 489
dollars, to commence from the time of his appointment, and to be paid
quarter-yearly at the treasury of the United States.
Sec. 5. And be it further enacted, That all the regulations, provisions,
directions, authorities, penalties, and other matters whatsoever, (except
as herein afterwards is expressly provided) contained and expressed in
and by the act entitled "An act providing for the enumeration of the in-
habitants of the United States," shall have the same force and effect
within the said State of Vermont, as if the same were, in relation
thereto, repealed, and re-enacted in and by the present act.
Sec. 6. And be it further enacted, That the enumeration of the inhabi-
tants of the said State shall commence on the first Monday of April
next, and shall close within five calendar months thereafter.
Sec. 7. And be it further enacted, That the marshal of the district of
Vermont shall receive in full compensation for all the duties and services
confided to, and enjoined upon, him, in and by this act, in taking the
enumeration aforesaid, two hundred dollars.
And that the act, entitled " An act to provide more effectually for the
collection of the duties imposed by law on goods, wares and merchan-
dise imported into the United States, and on the tonnage of ships &
vessels " may be carried into effect in the said State of Vermont:
Sec. 8. Be it further enacted, That for the due collection of the said
duties, there shall be in the State of Vermont one district; and a col-
lector shall be appointed, to reside at Allburgh on Lake Champlain,
which shall be the only port of entry or delivery within the said district,
of any goods, wares, or merchandise, not the growth or manufacture of
the United States.
Provided nevertheless, That the exception contained in the sixty-ninth
section of the act last above mentioned, relative to the district of Louis-
ville, shall be, and is hereby, extended to the said port of Allburgh. —
[This allowed importations in vessels of less than thirty tons. The sec-
tion is the 70th in the act as printed in the Debates.]
Frederick A. Muhlenberg h, Speaker of the House of Representa-
tives.
John Adams, Vice President of the United States, and President of the
Senate,
Approved March 2, 1791,
George Washington,
President of the United States.1
(True copy,) Thomas Jefferson, Secretary of State.
First United States officers in Vermont.2
The President of the United States has appointed by & with the ad-
vice & consent of the Senate the following officers in Vermont:
Noah Smith Supervisor of Excise & Impost.
Nathaniel Chipman Judge of the District of Vermont.
Stephen Jacob District Attorney.
Lewis R Morris Marshal of the District.
Stephen Keyes collector of the port of Allburgh.
1 Vermont Gazette of March 21 and 28 1791; and Debates in Congress,
old series, Vol. n, pp. 2374, 2375, 2382.
2 From the Vermont Gazette of March 21 1791.
33
APPENDIX L.
PAPERS OF CHARLES PHELPS, ESQ., OF MARLBOROUGH,
On the Controversy with New York, &c, 1770 to 1777.
Furnished by Hon. James H. Phelps, of West Townshend. 1
A.— 1.
An account of my time and expenses in prosecuting petitions to pre-
vent New York patenting those lands west of Connecticut River, and
east of New York east line; to the vast damage of the Province of the
Massachusetts Bay, as well as those inhabitants residing on said lands,
which contain about fifty townships of six miles square, each. Being
the time spent since the year 1770; previous to which, I spent about £50
lawful money, some years before.
One journey to Boston, to take advice of Gov. Hutchinson in the
premises; and from thence to New Hampshire, to procure subscribers to
said petition, and money to get it carried to England. I spent 32 days
in preparing for, and in performing said journey. I spent about s4
per day for keeping myself and horse for 21 days; and 11 days at Ports-
mouth, which was a dollar per day there, for myself and horse.
For myself and horse, the 21 days, at s4,
" " " " the 11 days,
My time, at s4 per day, 28 days,
My horse, for the journey, three dollars,
£14 0 0
Five weeks spent in procuring a petition subscribed, to send to Eng-
land, at s3 per day, 15 dollars, £4 10 0
For expenses of myself and horse, s2 d8 per day,
Horse, 5 weeks journey, at s2 per day,
Drawing the petition,
Drawing another on parchment, three dollars,
irrhe labors of Charles Phelps, here recited, were in part the
foundation for the act of clemency passed in October 1784. — See ante, p.
332.
£4 4
0
3 6
0
5 12
0
0 18
0
4 0
3 0
0 10
0 18
0
0
6
0
£12 18
G
Appendix L. 491
1772, May. One journey to Boston, to advise with Gov. Hutchinson,
and the leading Gentlemen of the House of Representatives, and
several Gentlemen of the Honorable Board. I spent 12 days.
Eleven days, at s4 per day, is £2 4 0
For expenses of myself and horse, s6 per day, 2 8 0
Horse for the journey, 125 miles, 0 16 6
£5 8 6
June and July following, I spent 6 weeks more to prepare a petition,
and in getting it answered by the 3 branches of the Legislature at Bos-
ton, General Court, praying the King and Council to prevent any more
patents from New York covering said lands, after Hinsdale and part of
Guilford were patented to Howard.
I spent 5 weeks and 4 days, besides Sabbaths.
Expenses out in cash, £6 15 0
My time, 34 days, at s4 per day, 6 16 0
Horse for the journey, 0 16 0
£14 7 0
1772, October. The Governor of N"ew York, and the Patent fee offi-
cers there, hearing what I had done in procuring said petition of the
General Court, &c, to the King, to prevent their patenting said lands,
they drew a petition for the inhabitants on said lands to sign, praying the
King to confirm all said lands to New York, and order the other of said
townships to be patented under their Seal. Whereupon, I drew another
counter petition, and sent to the King last Spring, in opposition to that
petition, which cost me 6 weeks time in the months of Dec. 1772, and
Jan. 1773, to procure a subscription of the inhabitants to join therein.
At s3 per day, 18 dollars, £5 8 0
For expenses for myself and horse, 4 16 0
Horse hire, a dollar per week, 1 16 0
Drawing and transcribing the petition, 14 0
£13 4 0
(1773.) Upon hearing that the Commissioners of the Bay Province,
and those of New York had agreed upon the boundary line of each Gov-
ernment last May, at Hartford in Connecticut, I immediately went to
Bennington and other towns, to know whether they would join the Bay
Province in petitioning the King to reannex to the Bay Province all
the lands within the bounds of Roswell's deed, and their charter. I spent
6 days.
At s4 per day, £14 0
Expenses s2 & d8 per day, sl6. Horse, sl2. All, 18 0
£2 12 0
1773, June. From thence, in June I went to Boston, to report what
the people would do, who consented to join the Bay in so doing.
4 weeks, at s4 per day, £4 16 0
A considerable part of my expenses were paid me.
Horse, journey to Boston, 150 miles, 0 18 0
£5 14 0
492 Appendix L,
Having obtained a recommendation of the Honorable members of the
Honorable Board, and the Honorable House of Representatives,* to have
the inhabitants and proprietors of said lands join in petitioning the King
to reannex those lands to the Bay Province. I reported to Benning-
ton and other towns the same recommendation, who were extremely
pleased therewith. And in Dec, 1773, and part of Jan'y, 1774, I went
as far as Ipswich, to procure petitioners to agree to sign said petition.
Spent 4 weeks, & three days.
My whole costs, Time, expenses and horse hire, £9 6 10
1774. An account of my time, and expenses in journeying to Boston
and Salem, and back to my Son's at Hadley, from whence I set out, to
attend the General Court, to petition for the reunion of the 50 townships
of land, &c, from the Government of New York to the Bay Govern-
ment.
May 19th, 1774, I set out on my journey for Boston, to get Gov.
Hutchinson's assistance at England, before he sailed for London. I vis-
ited him twice at the Castle before he sat sail, which was the 1st of June,
1774. I spent 6 weeks time, before returning to Hadley.
36 working days, at s4 per day, £7 4 0
Expenses, taking one day with another, for myself, s4 per day,
exclusive of horse keeping; making, with Sabbaths, 42
days. All amounts to 8 8 0
Horse, for the journey, 3 dollars, 0 18 0
Skin of vellum, to draw petition on, 0 10 0
Writing petition to the King and Council, for the inhabitants
on those lands to sign, 0 12 0
Tin box, to carry the petition in, 0 3 0
Expense of keeping my horse was a pistareen per day, when
at Boston, and Salem. Being seven pistareens per week,
for six weeks, 42 Pistareens, 2 10 5
£20 5 5
1774, March 17.f Began to board with son Charles.1 I staid there till
4 of April following. Then set off on my journey for Greenfield. I
went to Westmoreland, & kept at Northfield some days. Returned to
Charles', to board, Sabbath night, the 17 of April. I kept there till May
19, and then set off for Boston; to do some business before the General
Court, and with Govt Hutchinson before he sailed for England. Got
down to Boston, Monday night, 23 May. I waited on Gov'r Hutchinson
at Castle William, 24 May. Returned to Boston, from Gov'r Hutchinson,
25, Election Day. I began to board at Mrs. Freeman's, at .£4, old tenor,
per week.
1774, June 23. At Boston, school-master Mr. Samuel Holbrook lent
me 3 dollars, to help me in purchasing vellum to write a petition upon
* Note by Hon. James H. Phelps— Do the preceding words indicate official action, or personal
request by leading members of the Board and House ?
Probably the General Court was not in session, and various members
united in a recommendation which they deemed necessary for the inter-
ests of the Province.
■[Note by Hon. James H. Phelps.— What is printed upon this sheet was copied from entries made
by Charles Phelps of Marlboro, and the original minutes are in my possession. J. H. P#
Charles Phelps of Hadley, Mass.
Appendix L. 493
for the inhabitants of the 50 townships to sign, for reannexing their
lands to this Province of the Bay. He, said Mr. Samuel Holbrook,
copied on vellum the petition to his Majesty in Council. I returned to
my son's at Hadley, 30 June.
1774, July 27. Sent £6, Lawful money, to Deacon Barrett of Boston,
by Wilder the Postman. The money to be delivered to Doctor Tho's
Young of Boston, with a letter desiring him to pay said sum to said
Barrett.
A.-2.
Isaac Searl of Williamstown, in the county of Berkshire, and Prov-
ince of the Massachusetts Bay, in New England, of lawful age, testifies
and says: That on the 28th of last May, (1773,) he was in company with
Charles Phelps, Esq., late of Hadley in the County of Hampshire, in
said Province; and the deponent heard the leading and principal people
of Pownal, now in the Province of New York, all agree and promise
said Phelps, that in case the Bay Province would prepare and prefer a
petition to his Majesty in Council, praying that all the lands belonging
to the Bay Province according to their old charter and Roswell's deed,
and lately turned over to the jurisdiction of New York, may be rean-
nexed to the said Bay Province; and in case a petition should be pre-
pared by said Court, or any of its members, for the people of Pownal,
they would almost all of them sign the same, aud pray the King to re-
annex said lands to the Bay Province. That they knew the opinion of
the people of the town so well, they could assure said Phelps, that al-
most all that town would join therein with all cheerfulness possible;
knowing the Bay Province to be a much better Province to live in, than
New York Province was, where they now are. And said Searl was desired
to make oath to it, if desired at Boston, to show the General Court that
such was their desire. Those persons also desired said Phelps to report
to said Court, that such was the truth; and also to use his endeavors that
they might be all brought into the Bay Province.
Also that the deponent was with the Committee of the town of Ben-
nington, lawfully authorized to act for that town, when they met at said
Bennington on the 28th of May; that said Committee desired said
Phelps to inform the General Court during its session then begun at
Boston, and report from them in their behalf, that in case New Hamp-
shire did not get into their Province those lands in Bennington, they
would immediately join with the Bay Province to have all the land
brought again into the Bay Province which had been taken from the Bay
and reduced to New Hampshire, and then taken from New Hampshire
and reduced to New York jurisdiction. That they would not for any
thing miss of being brought into the Bay Province, if they cannot suc-
ceed in their endeavors to be reduced to New Hampshire. The Ben-
nington Committee also said to said Phelps, that they knew this to be
the sincere desire of all persons inhabiting the towns of the Grants
above Bennington, as far as Crownpoint. If they do not get into New
Hampshire Province, they would have the Massachusetts Agent at Eng-
land, Mr. Franklin or whoever he may be, apply immediately to the
King to annex them all to the Bay Province; and that they would have
said Phelps so inform the General Court, then in session at Boston; and
also would have him represent that all the aforesaid towns will, in the
494
Appendix L.
event above named, join the Bay in a petition praying his Majesty to re-
annex them to the Bay Province.*
May 24, 1773. We, the subscribers of New Marlborough, in the
County of Cumberland and Province of New York, being desirous of a
reannexation of our lands to the Bay Province jurisdiction, cheerfully
promise to pay Charles Phelps, Esq. of the same town, the sum, or arti-
cle, or labor, affixed to our names, towards paying him for going to the
General Court, at its next session, to solicit that Court to jointly with us
petition his Majesty that we may be reannexed to the Bay Province.
As witness our hands.
Francis Whitmore. A bushel of wheat.
John Church. One day's work.
Joseph Winchester. Three shillings.
Sam'l Whitney. Three shillings.
Abel Dimmick. A bushel of rye.
Nath'l Whitney. , One day's work.
Jonas Whitney. One day's work.
John Davis. Two days' work.
William Clarke. One day's work.
Zarrager Bartlit. Two shillings.
Moses Church. One day's work.
Phineas Smith, of Draper, promised to pay half of a dollar.
Benj'n Peirce, " " " " " half of a dollar.
Bichard Mellen, " " " " " one dollar.
Nath'l N. Merrit, " " " " " half of a dollar.f
A.— 3.
Sir:
Copy of a letter addressed,
For Charles Phelps, Esq., at Boston.%
I hope you have got the Petitions you left with me, though
Lieut. Howe did disappoint us much; for he never went to Townshend,
—the snow was deep, as he said — and I, never receiving them till a few
days before Election, had to go to Townshend, and then hire a man to
go to Hadley; and he had to get a man to go to Boston, to your Honor.
I hope it has not failed to reach your hands. Sir, I would pray you to
get all the accounts of things, both of a private and public nature," and
send them by Mr. Graham; for we are in pain to know if it is true, as
we have heard, that we are reannexed to the Bay; or at least, all lands
are confirmed to the Bay, agreeably to their charter, or at least, agree-
ably to Roswell's deed, &c. Sir, Col. Hazletine desired we might have a
copy of those petitions to be at Westminster when their Court sits, to
get signers, if it is not too late; for the Col. and I shall be there; for I
have a warrant served on me, and we expect there will be several more.
I could have cleared myself of them, but it would have endangered the
lives of some, and we expected the times would change so soon as
* Note by Hon. James H. Phelps— The foregoing is upon two pages of a single leaf, and the jurat
is gone. J. H. P.
jNote by Hon. James H. Phelp,
with others circulated with the same object in view
The original subscription paper is in my possession together
J. H. P.
% The original letter is in my possession.— J. H. P.
Appendix L. 495
to Government affairs, the matter was of no very great consequence.
Sir, for want of paper, I cannot write half so much as I would be glad
to. Sir, I have paid dear. Sir, please to send your mind what we had best
to do at court; for they have charged me with stopping some officers,
whereas I never did. Sir, I am your hearty friend, and humble servant,
Isaac Miller.
Dummerston, May 31st, 1774.
Class B.— 1.
Papers marked 1, 2, 3, from class B. were found pinned together, and leaf 4 (class B.) was in
same package of papers. J. H. P.
Copy of a paper having upon its back the following certificate.
" The within is a true copy of the Original. Attest p'r
William Mather, Chairman.''1
New Malbrough ) The judgment of this Comitte is as follows, viz:
Cumbe'd County, ) That Mr. John Clark hath the Soul Wright of all
the improvements that hath been occupied By his Brother, William
Clark, Leate Dese'st, viz., on a lot of Land Situated in New Malbrough;
it being on Part of the Wright N. 14, to improve as he shall think
Proper, and that Daniel Dimmick, that is now in Possetion of the Prem-
ises afors'd, Emedeatly Resin the Same To John Clark, aforsaid. Signed
by order. William Mather, Chairman.
Class B.— 2.
Know all men by these Presents, that We, John Clark, in behalf of
Himself and the Heirs of William Clark, Deceased; and Timothy
Phelps, Gent'n; and Francis Trainer, Yeoman; in behalf of themselves,
in their own personal right, having made Entries respectively upon
Each of our several shares of Lands and tenements in the Incorporated
town of New Marlborough, claimed by us and a number of other Grau-
tees under the Last Charter and sign manual of Governor Wentworth,
Deceased, and under the Seal of' New Hampshire, founded on the order
of the Crown of England. Which Lands and Tenements are confirmed
to them by virtue of said Charter, together with their Prime occupancy
and cultivation; and so established by Royal Grant, and the Highest
Sanction of the Crown of England; on the faith whereof they hold the
Premises.
All which was well and fully understood by William Williams of Dra-
per, [Wilmington,] Abel Dimmick and Daniel Dimmick of New Marl-
borough. Nevertheless, they, wickedly contriving, and fraudulently de-
signing to deprive the last charter grantees above named of all their
sacred rights and dear bought property, have, with force and arms,
and against the peace of this State, and in affront of all the good
People thereof, in a corrupt, fraudulent manner, deprived the rightful
owners and first occupants of those lands of all their property, acquired
in the manner above mentioned. The meanness, cruelty and villainy of
which are greatly aggravated by a part of said lands being first im-
proved, built upon and settled on the faith and authority of said last
496 Appendix L.
charter by one William Clark, lately deceased in defence of his bleed-
ing Country, all in arms against those bloody troops who support the
most execrated tyranny of a venal, despotic and murderous Administra-
tion in Great Britain over the United States of America.
And whereas application has been made in due form to the only Com-
mittee of Safety capable of giving ample relief in the premises; who, on
mature deliberation of matters submitted by both and all parties con-
cerned in the premises, only prescribed a partial remedy, and neither
provided nor ordered to be paid any costs for prosecuting the complaint
before them; each of the Committee having demanded and received of
said Clark &c. his full costs and expense, for part of two days in hearing
the cause, and adjudicating the same; as appears by their order and ad-
judication, attested by their Chairman, and exhibited herewith. So that
no relief is obtained from said Committee, nor can be thereby, adequate
to the injustice and wrong sustained; though claim thereto was urged
and enforced before said Committee in the strongest and most forcible
manner.
Wherefore, to obtain ample relief and full cost in the premises, under
the authority of this new State, lately erected, and claiming jurisdiction
and sole exercise of all the powers of Government within the limits
thereof, — comprehending the lands and tenements, the premises above
named —in opposition to all the usurped, oppressive and interdicted pow-
ers of the Government of New York &c, of late erected there and
tyrannically exercised; to the infinite prejudice of the rights of all the
good people thereof, and the Sons of the Ancient, and most Patriotic
Government of the Massachusetts Bay.
We hereby constitute and appoint Charles Phelps, Esq. within this
new State, our Attorney and Agent to prosecute for us, in our behalf
and stead, jointly and for each of us seperately, in this above mentioned
case; to gain for us an ample relief under our oppression &c, and all
costs of prosecution hitherto denied by said Committee, in case of the
forcible entry above mentioned, (with power of substitution,) unto final
judgment and execution.
In witness whereof, we have hereunto set our hands and seals, this
eighteenth day of June, 1777.
Signed, sealed and delivered, ) John Clark, L. S.
in presence of us, witnesses, j Timothy Phelps, L. S.
Sol. Phelps. Francis Trainer, L. S.
Thaddeus Underwood.
Class B.— 3.
Bennington, 20th June, 1777.
Gentlemen:
Your Faithful messenger, Charles Phelps, Esq., has been
carefully engaged in collecting the advice of some of the people of this
Town, relative to matters of the nature of the one inclosed.
We are not authorised to determine a matter of such consequence, as
it is well known, that we compose but a minor part of the General Con-
vention of the State of Vermont.
But as we have had many instances of the like nature on this side the
Green mountain, and have had a share in the prescription of Measures
which have never failed hitherto of producing its desired effect,
We would therefore earnestly Recommend it to all persons concerned
in matters of the like nature, that each party Suspend any coercive
Measure, at least, until the next Sitting of the Convention of this State
Appendix L. 497
on the Second day of July next; at which time, we doubt not but ample
Provision will be made, for the settlement of such matters, to the Satis-
faction of such aggrieved parties.
We are, Gentlemen, with esteem, your obedient
Humble Servants, Nathan Clark
TO Stephen Fay
the Gentlemen Simeon Hatheway
Subscribers of the Eben'r Walbridge
within named. Moses Eobinson
Jno Burnam Jimr.
[Being the persons named on leaf 2, Class B.] Sam'l Eobinson
Jonas Fay.
I have the foregoing letter. The signatures are autographs, and the rest of the document was
written by Dr. Fay. J. H. P.
Class B.— 4.
To the Honorable Convention of the newly erected State upon the
New Hampshire Grants, in their Legislative Capacity, at their Session
at Windsor, begun on the Second Day of July, A. D. 1777.
The Remonstrance and Petition of Charles Phelps, Esq., an Inhabit-
ant upon said Grants, in behalf of his constituents, himself and a multi-
tude of other rightful Claimants, and Proprietors of land in this State.
Wherein he begs leave most humbly to show:
That it pleased his late Majesty, King George the Second, of
ever blessed memory, specially to exhibit" his Royal Pleasure unto, and
commissionate his late Servant, His Excellency, Benning Wentworth,
Esq. then Governor in Chief in and over His Royal Province of New
Hampshire, to grant charters of land by townships, under tfte Great
Seal of that Province, to certain able-bodied, loyal subjects — now of this
State — who would gain a right of property to said lands, by settling and
cultivating the same, according to the Royal conditions, limitations, in-
junctions and reservations particularly set forth in said charters. That
said charters clearly express his Royal will and pleasure, as well as his
most gracious and kind intentions to his loving subjects, of having his
lands cultivated, population increased; his wild, desert, American do-
minions thereby subdued, and those uninhabited parts of his Kingdom
greatly enriched; and vastly augmenting his Royal Power and Domin-
ion thereby: and all for the happiness, as well as the lasting tranquility
of us his liege people inhabiting the towns aforesaid. As abundantly
appears, by making and founding all his Royal Grants upon those condi-
tions and reservations expressed in said charters, which are ready to be
produced, and to which reference is had.
That notwithstanding all this, sundry of those first charter townships
were run out without any cultivation or improvement of said lands by
the grantees thereof. That thereby those lands became forfeited, and
reverted to his Majesty, his Heirs and Successors; as appears by the
force of said charters. That after said lands became so forfeited, they
were by his Majesty regranted to his loving subjects, who settled said
townships under the second charters; or at least begun, and carried on
their settlements and cultivations to some considerable degree, at great
expense of the grantees thereof.
That all this is well known to sundry evil-minded persons, now resi-
dent in this State. Yet they, wickedly contriving and fraudulently in-
tending to deprive said second charter grantees of their rights or shares
34
498 Appendix L.
of land which they are now settling according to the conditions named
in the second charters, do set up a false and interdicted claim to those
lands forfeited under the first charter thereof, and upon such forfeiture
regranted by his Majesty, as above stated. That those false claimants
aforesaid have made forcible entries upon, and do forcibly detain the
lands granted by said second charters from the grantees thereof, who are
the prime occupants and first settlers of said lands, and have a right unto
the same exclusive of all other persons, and exclusive of those who have
forcibly and unjustly entered thereupon.
Wherefore your Petitioner most humbly prays relief for the sufferers
by a Resolve and Order of this Convention, in their Legislative Capac-
ity, that may effectually prevent all such forcible entries and detainers
for the future, and lay a foundation 10 give ample recompense and full
satisfaction for all damages and costs to those now suffering by said for-
cible entries, &c. As in duty bound, will ever pray.
Charles Phelps.
My ancestor denounced in very bitter terms the action of this convention in regard to trial of
land titles. J. H. P.
Copy of an order addressed,
" To Colo. Benjamin (Sarpenter, at Guilford.''''
Bennington, Septem'r 9, 1777.
Sir:
Our Case at present is So Circumstanced, that 1 must pray you
to exert yourself Night & Day, in forwarding all the Militia from your
Quarter. Spare none that is able to fire a Gun, or Ride a horse, we are
determined to make one Important push, & therefore shall stand in
(need) of all the assistance possible -to be afforded us from the neighbor-
ing Towns. The action will Commence before they possibly Can Come
up. Notwith standing, for fear of the worst, Send them forward. The
Communication between Burgoyne & Ticonderoga will be Stopped To-
morrow. Be faithful in Notifying the Inhabitants of Hinsdale, against
them there are many Complaints in Camp for their Backwardness. Tell
them that no person that is a friend to his Country will Show himself
backward at this Critical Crisis. Tell them to march to Stillwater, and
join with me in Gen'l Stark's Brigade. They may bring with them what
ammunition they have, and they Can draw as much more as they want
here.
By the Request of the Council, and Desire of General StarkA
I am yours, W'm Williams, Col.
To Colo. Carpenter, at Guilford.
Marlborough, Halifax,
Whiting[/iam,] and Wilmington are notified.2
Note* by Hon. James H. Phelps.— -1. This line is in the handwriting of Col. Williams.
2. Whiting. [Whitingham.]
ADDITIONS TO AND CORRECTIONS OF
VOLS. I, II, AND III.
Credentials of the first Agents of Vermont to Congress.
From the necessities of the case this paper was in> an unusual form,
and it is desirable that it should be preserved. The following copy is
from the Ms. Stevens Papers, Vol. 3, p. 57.
To the Honorable John Hancock Esq. President of the Honorable the
Continental Congress.
Sir, — We beg leave through your hands humbly to communicate to
the Grand Representative [body] of the United States, by our trusty
friends, viz; Doct. Jonas Fay, Colonels Thomas Chittenden & Jacob
Bayley, Capt. Heman Allen and Doct. Reuben Jones, the Decla-
ration and Petition of the inhabitants of the district of land described in
the preamble thereof,1 and as they are persons duly delegated by the
united and unanimous voices of the Representatives of the whole body
of settlers of the described premises, in whom is reposed the trust and
management of prefering and negotiating the business thereof; We do
therefore desire they may be received by your Honor as such.
New Hampshire Grants"} I am, Sir, &c. by order and in behalf
County of Cumberland,2 ' of Convention,
in General Convention f Joseph Bovvker Chairman.
January 15th 1777. J Attest Ira Allen Clerk.
The Convention at Cornish, N. H., Dec. 9 1778.
In Vol. i, p. 430, sundry proposals of this Convention were given,
being all that was printed in Slade's State Papers. By the favor of Rev.
H. A. Hazen, of Billerica, Mass., the editor has since received a copy
of all the proceedings of that Convention which were intended for the
public, as follows:
Resolves of a Convention held on the New Hampshire Grants.
At a Convention of Delegates from twenty-two Towns, on the New-Hamp-
shire Grants from both Sides of Connecticut- Biver, held at Cornish
Dec. 9'*- 1778.
Voted unanimously
1. That the members of this Convention will unite together for the
purpose of pursuing such legal & regular measures as may have a ten-
1 For the Declaration, &c, see Vol. I, p. 48; in the first line of which,
as there printed, after the words u The declaration and petition of," the
words the inhabitants of should be inserted.
2 At Westminster.
500 Additions and Corrections.
dency to secure to these Grants, the benefits of good government, with-
out any regard to the destinction made by the arbitrary line drawn on
the western bank of Connecticut-vis qt, by the King in Council, in the
year 1764.
2. A pamphlet entitled A public defence of the right of the New-Hamp-
shire Grants &c. compiled by the major part of a Committee appointed
by the Assembly of Vermont for that purpose, was repeatedly read, and
unanimously approved. x
3. Whereas notwithstanding the request for this Convention, but few
of those towns whose members continued to act with said Assembly
after the protesting members had withdrawn, have sent members to this
Convention; and the conduct of the Assembly in passing the votes &
resolves contained in their printed journals, the protest, remarks, &c.
have rendered it impracticable for said Assembly to carry into execution
said resolves as therein proposed, which difficulty will continue so long
as said votes stand in force; & as the people of those towns by justifying
the conduct of the Assembly in violating the constitution, will on their
part dissolve the solemn compact which they entered into by the confed-
eration,8— & the people consequently become discharged from their alle-
giance and obligations to the State. Therefore voted, that the proposals
contained in the before mentioned address, be made to New-Hampshire,
viz.
1. To agree upon & settle a dividing line between New-Hampshire
and the Grants, by committees from each party, or otherwise, as they
may mutually agree.
Or, 2. That the parties mutually agree in the appointment of a Court
of Commissioners of disinterested judicious men of the three other
New-England States, to hear and determine the dispute.
Or, 3. That the whole dispute with New-Hampshire be submitted to
the decision of Congress, in such way & manner as Congress in their
wisdom shall prescribe. Provided always, That the Grants be allowed
equal privileges with the other party, in espousing and conducting
their cause.
Or, 4. If the controversy can not be settled on either of the foregoing
articles, and in case we can agree with New-Hampshire upon a plan of
government, inclusive of extent of territory, that we unite with them,
and become with them one entire State, rejecting the arbitrary line drawn
1 The " Public Defence," &c, adopted by the Convention, was an elab-
orate argument, a copy of which has also been furnished by Rev. H. A.
Hazen. The editor intended to print it in this volume, but the pro-
posed limits of the volume would not permit, and the following reasons
make a delay desirable: the "Defence" is one of the three pamphlets
which are named in Vol. ii, p. 170, and which were sent to Congress in
July 1779. The first is in the Vermont State Library; the second is the
pamphlet copied and furnished to the editor by Mr. Hazen; and the
third remains to be found. An unsuccessful search among the papers
of the Continental Congress in the U. S. State Department has been
made, and inquiries elsewhere in vain; but it is hoped that a copy may
yet be found to complete the series. Justice to the people both of west-
ern New Hampshire and of Vermont, at that period, requires the series
to be completed, and delay for that purpose seems to be justifiable.
a Meaning the Eastern Union of 1778.
Additions and Corrections. 501
on the western bank of Connecticut-river, by the King of Great-Britain
in 1764
4. Yoted, That the inhabitants of those towns on the Grants, in the
State of Vermont, who have not sent a representative to this Conven-
tion, and whose members joined with the majority of said Assembly in
passing the votes, on account of which the protesting members with-
drew, be requested to direct their respective members to rescind said
votes & join us in making said proposals to New-Hampshire.
5. Voted, That in case those towns whose members continued to act
with the Assembly of Vermont, still remain firm and steadfast, in sup-
porting and continuing said votes of Assembly, and neglect to join in
carrying into execution said report of their committee, we will make
overtures to join with New-Hampshire on the last article in said propo-
sals.
6. That all other towns on said Grants be requested to join us, in
making proposals to New-Hampshire as before mentioned — and that
those towns which agree to join therein, be requested to transmit copies
of their votes relative thereto, to Governor Marsh, Mr. Woodward, Col.
Morey, Maj. Child, Col. Payne, Col. Olcott, or Gen. Baley, who are hereby
appointed a committee for receiving them, and carrying the foregoing
votes & proposals into execution, so soon as the towns on the Grants
can have reasonable opportunity to join us therein.
7. Voted, That said Committee be empowered to call a Convention
from the towns on the Grants, whenever anything shall appear which
shall, in their opinion, render one necessary.
J. Marsh, Chairman.
Extracted from the votes of said Convention.
B. Woodward, Clerk.
Lieut. Nathan Smith, Vol. I, pp. 6, 7.— On page 7 it is stated that
Mr. Smith was " probably of Bridport until 1784, when he settled in
Shoreham." Nathan Smith of Bridport seems to have been another per-
son of the same name, who was captured at Bridport by Maj. Carleton
in November 1778, at which time Lieut. Nathan Smith of Warner's bat-
talion had become Major. The last named originated in Nine Partners,
N. Y., went from thence to Spencertown, N. Y., and next to Man-
chester, Vt., where, in March 1777, he was Captain, and also moderator
of town meeting; also in March 1778. In Dec. 1778 he had become
Major, and was also moderator. In 1792 he left Manchester and settled
in Shoreham, where he died previous to 1800.— See Swift's Addison
County, p. 87; and Goodhue's Shoreham, p. 23.
Ethan Allen, Vol. I, p. 110.— The birth-place of General Allen has
been claimed by no less than four towns in Connecticut, to wit: Litch-
field, Woodbury, Cornwall, and Salisbury. For the arguments in favor
of Woodbury, see Cothren's Ancient Woodbury, pp. 412-416.
Zimri Allen, Vol. I, p. 111.— The date of his birth was there given as
Dec. 14 1748. In Cothren's Ancient Woodbury, p. 414, it is Dec. 10 1748.
Col. Timothy Brownson, Vol. I, p. 238, and Gen. Gideon Brownson,
Vol. i, p. 7.— Both were descendants from. Bichard Bronson, an original
502 Additions and Corrections.
settler at Farmington, Conn., whose son, Cornelius, senior, settled in
Ancient Woodbury about 1690. Timothy, son of Cornelius, senior, had
ten children, and among them were Col. Timothy, baptized July 1 1734;
and Gen. Gideon, baptized Oct. 4 1739. Cornelius, jr., had eleven chil-
dren, the eighth being Mary, baptized Sept. 1733, who married Gen.
Ethan Allen, June 23 1762. — See Cothren's Ancient Woodbury, " Bron-
son Family," p. 504; and Vt. Historical Magazine, Vol. I, p. 135.
Capt. Bemember Baker, Vol. I, pp. 9, 68, 110, &c— The father of Capt.
Baker was the only son of Kemember Baker, fourth child of John Baker
of Ancient Woodbury, Conn., whose third child was Mary Baker, the
wife of Joseph Allen and mother of Col. Ethan Allen. Capt. Remem-
ber Baker was born at Woodbury, Conn., in June 1737, and April 3 1760
he married Desire Hurlbut. At the age of eighteen he served in an ex-
pedition against Canada, and thus acquired a knowledge of western Ver-
mont; in 1764 he settled in Arlington; in 1771 he was appointed one of
the captains, with Ethan Allen, Seth Warner, Robert Cochran, and
Gideon Warren, in the military force organized and placed under the
command of Allen to resist New York; and for that service, Gov. Tryon
of N. Y. issued a proclamation for his arrest, under which he was ar-
rested, but was rescued, in March 1772. He was also an officer under
Allen and Warner in the capture of Ticonderoga and Crown Point in
May 1775; and on the 5th of July following he was recommended by
Allen as the first captain in the regiment of Green Mountain Boys au-
thorized by Congress. At the time of the meeting of the Convention
to choose the officers, July 26 1775, Baker was on a reconnoitering expe-
dition to Canada, by direction of Gen. Schuyler, and while in that ser-
vice, in August, he was killed in a skirmish with Indians near St. Johns.
With three of the brothers Allen, Baker was a member of the Onion
River Land Company, and it is supposed his estate was lost in the mis-
fortunes of Ira Allen. William Cothren, in the History of Ancient
Woodbury, [Conn.,] thus speaks of Capt. Baker: "As an officer and sol-
dier, he was cool and temperate in council, but resolute and determined
in the execution of his plans. As a neighbor he was distinguished for
his kindness, and his memory was held dear by many families whose
distresses he had generously relieved." — See Hiland Hall's Early His-
tory; and Cothren's Ancient Woodbury.
Col. Seth Warner, Vol. i, p. 159.— Col. Warner was a descendant of
John Warner of Farmington, Conn., whose youngest son, Doct. Ebe-
nezer, had Doct. Benjamin, who was born May 6 1709, and married Si-
lence Hurd, Dec. 16 1736. Among their ten children, Col. Seth was
the fourth, who was born May 6 [old style, May 17 of the new,] 1743,
and married Hester Hurd and had three children, Seth, Asahel, and
Abigail. Tamar Warner, the mother of Capt. Remember Baker, was a
Additions and Corrections. 503
sister of Doct. Benjamin, and aunt of Col. Seth Warner. ' Col. Warner
died at Roxbury parish in Ancient Woodbury, Conn., on Sunday the
26th of Dec. 1784, and " his remains were interred with the honors of war,
which were justly due to his merits. An immense concourse of people
attended his funeral, and the whole was performed with uncommon de-
cency and affection." The funeral sermon was preached by Rev. Thomas
Canfield, from Samuel i. 27: " How are the mighty fallen, and the weap-
ons of war perished."
The following inscription is on the tablet placed on his grave:
In memory of
COL. SETH WARNER, ESQ.,
Who departed this life December 26th, A. D. 1784,
In the forty-second year of his age.
Triumphant leader at our armies' head,
Whose martial glory struck a panic dread,
Thy warlike deeds engraven on this stone,
Tell future ages what a hero 's done,
Full sixteen battles he did fight,
For to procure his country's right.
Oh ! this brave hero, he did fall
By death, who ever conquers all.
When this you see, remember me.2
The Vermont Gazette of Jan. 17 1785 contained a brief notice of the
death of Col. Warner, which reflected the sentiment of Vermonters of
that day in the following lines :
True to his trust, & worthy o/ command,
He fought the battles of an injured land,
Freedom exulting own'd her patriot son,
Andplac'd him on her list with WASHINGTON:
There with distinguish' d lustre WARNER shone,
In all the list his peer was scarcely known :
But conquering death has laid the hero low,
His conquests ended, and reliev'd his woe.
Peace to his shade, let gratefid thousands say,
Who taught the road to fame, and led the way.
Major Joseph Fay, Vol. I, p. 122.— Maj. Fay is erroneously recorded
as Secretary to the Governor and Council for the year Oct. 1785 to Oct.
1786. Rev. Thomas Tolman was Secretary in that year.
Hon. Matthew Lyon, Vol. I, p. 123.— The statement, that the indenture
of Lyon's service was sold to Jesse Leavenworth of Danville, should be
supplemented by another, viz., that Lyon was first assigned, on his ar-
rival in New York, to Jabez Bacon, an eminent merchant of Woodbury,
Conn., to which town Lyon was brought. Lyon's services were assigned"
1 By referring to the preceding notes on Capt. Baker and the Brown-
sons, it will be seen that the families of the Aliens, the Bakers, the
Brownsons of Sunderland, and Col. Seth Warner, were all connected by
intermarriages, and also that for the most part they were from Ancient
Woodbury, Conn.
2 Cothren's Ancient Woodbury, pp. 752-754, 407-411.
504 Additions and Corrections,
by Bacon to Hugh Hannah of Litchfield, Conn., for a pair of stags valued
at £12.— See Cothren's Ancient Woodbury, p. 320. Rev. Pliny H. White
stated that Hannah assigned to Leavenworth.— See White's address
before the Vt. Hist. Society, on Lyon, p. 6.
Gen. Benjamin Wait, Yol. I, p, 157.— In the eleventh line, after the
words " in the same month," the year 1786 should have been indicated.
Circular Letter of September 21, 1777, Vol. I, p. 175.— Copies of the
circular letter signed by Gov. Chittenden were made out on the same
day, dated " In Council," and signed by Joseph Fay, the Secretary. A
few words, on the urgency of the case, were added by Fay. As this was
an ofiicial document, the Secretary should have entered a copy of it on
the journal of the Governor and Council. He omitted it, probably for
the reason that, the added words excepted, it was a copy of Gov. Chit-
tenden's draft. Copies were sent " to every necessary part," — meaning
Massachusetts and New Hampshire as well as Vermont. In response,
not only the Green Mountain Boys rallied and bore their part in the
capture of Burgoyne's army, but also the militia of the eastern states.—
See letter of Chittenden to Gates, Sept. 24, 1777, Vol. I, pp. 180, 181.
The name " Vermont," Vol. i, p. 403. l— St. John de Crevecoeur, a
learned Frenchman, wrote to Ethan Allen in 1785 that the name Ver-
mont is " entirely French." — See ante, p. 388. As a compound of two
French words, it is evidently so; but the word has been known in France
as a name. In Arthur Young's Travels in France, p. 108, it is stated
that in 1789, in Paris, " the Abbe de Vermont " was reader to the queen
and had great influence.
John Fasset, Jr., Vol. n, p. 1.— Judge Fassett should not have been
excepted from the Council for the year Oct. 1786 to Oct. 1787, as in 1786
he was elected Councillor to fill a vacancy occasioned by the resignation
of Councillor Mattocks, and commenced service as such at the February
session 1787. His name is given both as Fassett and Fasset: the last
corresponds with his signature on the bills of credit of 1781.
Message of the Governor and Council, Oct 14 1780, Vol. ii, p. 43. — The
following was accidentally omitted:
" 4th- The making such resolves as will in equity quiet the ancient
settlers."
The succeeding paragraph is the fifth on the record. This omission is
notable because the paragraph omitted was the origin of the betterment
acts. — See p. 343 of this volume.
Montpelier, &c. Vol. n, p. 45. — The first petition to the General As-
sembly for land embraced in the present towns of Montpelier, Fast
1 The reference to this subject and page, in the index of Vol. I, was
erronously printed 463.
Additions and Corrections. 505
Montpeiier, Calais, Marshfield, and Plainfield, was entered Nov. 27, 1779,
by Ethan Allen, Ira Allen, John Fellows, Paul Dewey, and their asso-
ciates, to the number of two hundred and forty. The petition asked for
land on Onion river adjoining Middlesex and "Worcester, and extending
eastward from the north eastern corner of the line of Worcester so as
to embrace ninety-two thousand one hundred and sixty acres. — Vermont
Ms. State Papers, Yol. 21, p. 122.
Gen. Boger Enos, Vol. n, p. 108. — The censure freely bestowed upon
Gen. Enos in his life-time, and perpetuated by historians since,1 not-
withstanding the acquittal by court-martial, is now proved to have been
in a large degree unjust. The witness is unimpeachable, and his testi-
mony is full. Enos commanded the second battalion in Arnold's ex-
pedition, and with him, at the time in question, was Capt. Simeon
Thayer, of Providence, E. I., who is the witness. Capt. Thayer kept a
journal of the expedition, covering incidents from Sept. 11 1775 until
Aug. 12 1776, which was printed for the first time in 1867, in a volume
entitled " The Invasion of Canada in 1775: including the Journal of
Capt. Simeon Thayer, describing the perils and sufferings of the army
under Colonel Benedict Arnold, in its march through the wilderness to
Quebec: with notes and appendix, by Edwin Martin Stone." The
following is Capt. Thayer's account of the council of war, and the deter-
mination of Enos to abandon the expedition, copied from pages 9 to 11
of his journal:
Oct. 24 [1775.] — Had intelligence of its being twenty-five miles to the
great carrying place where the height of land is, and in the meantime
destitute of provisions,2 for the two Barrels we brought gave two pounds
Each man, and we had only [a] half pint left to deliver out; besides, the
continual snow aggravated us more, and left [us] in a situation not to be
described.
Oct. 25. — We staid for Col. Greene3 to consult about our situation,
and what to do for provisions; however we trusted in the Almighty, and
hoped he would prove propitious towards us; for the present we had no
hopes, unless some Glimpses from the part of the French, which at any
rate could not be much. We sent back in three Batteaux, forty-eight
sick men, and one subaltern; the river is narrow and of course rapid,
Besides bad walking by land; the men are much disheartened and
Eagerly wish to return — however, I am certain if their Bellies were full,
they would be willing enow' to advance. Whether or no, necessity
obliges [us] to proceed at present. Col. Arnold has sent with Capt.
Hanchet a party of 60 men, to purchase provisions of the French, if
possible. In the afternoon, went about three miles and encamped,
waiting for our boats. Here Col. Greene, Capt. Topham and myself
staid, by desire of Col. Enos, to hold a council of war, in which it was
resolved that Col. Enos should not return back. His party, who were 6
1 Recently in Lossing's Field Book of the Bevolution, Yol. I, p. 192.
2 The salt had been lost on the 23d.
8 Lieut. Col. Christopher Greene of R. I., who commanded the first
battalion.
35
506 Additions and Corrections.
in number, and by one inferior to ours, and observed with regret that we
voted for proceeding;1 on which they held a council of war amongst
themselves, of which were the Capts. McCobb, Williams and Scott, and
unanimously declar'd that they would return, and not rush into such im-
minent danger; to which we replied, if thus determined to grant us
some supply, which they promis'd, if we could get a boat from Mr. Cop-
elin, tho' with ye utmost reluctance.
Mr. Ogden, a volunteer under Col. Greene, and myself, took the Boat,
in which we ran rapidly down with the current, where we expected to
receive from the returning party, four barrels of flour and two of Pork,
according to promise. But we were utterly deceived, and only received
two Barrels of flour, notwithstanding all our entreaties, and that few
only through the humanity of Capt. Williams. Col. Enos declared to us
[that] he was willing to go and take his boat in which there was some pro-
visions, and share the same fate with us, But was obliged to tarry through
the means of his Effeminate officers, who rather pass their time in sippling
than turn it to the profit and advantage of their country, who stood in
need of their assistance. Capt. Williams stept'd towards me, and wish'd
me success, But in the meantime told me he never expected to see me,
or any of us, he was so conscious of the imminent Danger we were to
go through; in meantime Col. Enos advanced, with tears in his Eyes,
wishing me and mine success, and took, as he then supposed and abso-
lutely thought, his last farewell of me, demonstrating to me that it was with
the utmost reluctance he remained behind, tho1 being certain he never would
escape the attempt.
Friendship of Connecticut for Vermont, Vol. II, p. 136; and Vol. ill, p.
293. — Not only advice and sympathy were given to Vermont by the lead-
ing men of Connecticut, but much needed aid at a critical time. In
Stuart's Life of Jonathan Trumbull, senior, p. 473, it is stated that in
February and again in Dec. 1780, Ethan Allen applied to Gov. Trumbull,
in behalf of Vermont, for powder with which to ward off an expected
1 At the council, were Lieuts. Colonel Greene and Enos, Major Bige-
low, [Timothy, of Worcester, Mass., first grantee of Montpelier,] Cap-
tains Topham, Thayer, Ward, Williams, McCobb, Scott, Adjutant 'Hyde
and Lieutenant Peters. * * * Captain Ward, a youth of only eighteen
years, was now called upon for his opinion. He expressed it frankly and
decidedly. The idea of giving up the expedition was totally repugnant
to his brave nature, and with a patriotism for which he was ever after
distinguished, he gave his vote for advancing. * * * Captains Thayer
and Topham took the same side with no less promptness, as did Lieu-
tenants Colonel Greene and Enos, and Major Bigelow. Captains Will-
iams, McCobb and Scott, Adjutant Hyde and Lieutenant Peters, took an
opposite view. They considered the success of the Expedition hopeless,
and gave their votes for returning. The decision to advance was carried
by asingle vote; but the minority, immediately after the dissolution of
the council, conferred together, and unanimously resolved to go back
with their men. As the three disaffected companies belonged to Lieu-
tenant Colonel Enos's battalion,* he decided, though as he said, reluc-
tantly, and for reasons that he considered a justification of the step, to
go back with them. This he accordingly did. — Introduction to Capt.
Thayer's Journal, pp. xi, xii.
* Note by the editor of this volume.— Being half of his companies, and, with the sick who had pre-
viously returned, a majority of his men.
Additions and Corrections. 507
invasion from Canada, and that Elderkin and Wales, by the governor's
orders, sent two tons in all to the "Green Mountain Boys" from their
powder mill at Windham, [Conn.] This fact shows that while the Al-
iens and others in Vermont, from Oct. 1780 until 1783, were trying to
protect the State from Haldimand's army in Canada by diplomacy, they
did not rely on that alone. The powder was ready for sterner work.
Song of the Vermonters, Vol. u, p. 326. -This was not written "on" the
occasion named, though it is admirably adapted to it. The production
is modern, and its writer is John G. Whittier, the charming Quaker
poet, who confessed the fact in 1858. — See Historical Magazine, New
York, Vol. 2, p. 152. Joseph T. Buckingham first published the bal-
lad in the New England Magazine, and doubtless he inspired the writer
with the incidents and heroic spirit of the period of Vermont history
which it will long commemorate. Buckingham resided for some years
from 1786, on the borders of Vermont, at Walpole, N. H., and Green-
field, Massachusetts, and thoroughly sympathized with the Green Moun-
tain Boys.
Col. Charles Johnson, Vol. n, pp. 444, 445. — This name should be Col.
Charles Johnst07i, a native of Haverhill, Mass., but from 1769, a resident
of Haverhill, N. H., and a leading citizen of the town. Col. Johnston
distinguished himself at the battle of Bennington. Armed with a cane
only, he disarmed a Hessian officer, seized his sword, and compelled the
officer and his men to surrender. — See Chase's Haverhill, Mass., p. 317;
and Powers's History of the Coos country, pp. 46, 92, 96-105.
Col. Robert Johnson, Vol. II, pp. 96, 105. — The name should be Col.
Robert Johnston, a distinguished citizen of Newbury, and brother of Col.
Charles Johnston of Haverhill, 1ST. H.
Rev. Dr. Samuel Andrew Peters, Vol. I, p. 404, and Vol. ii, pp. 499,
500. — There need be no doubt as to this name. In the triennial catalogue
of Yale college, Rev. Samuel Andrew Peters is classed among the grad-
uates of 1757. Peters was then twenty-two years of age. Still more
conclusive evidence is found in original letters of the Rev. Dr. Samuel A.
Peters, now in the possession of Joseph Peters of Bradford. In some of
the letters the middle name, or its initial, is omitted, but in others it is
given. This variance in autograph letters has greatly increased the con-
fusion as to the real name. — See McKeen's Bradford, p. 127, on this
name, and for an account of a large number of the Peters family in Ver-
mont and its vicinity. Finally, Samuel Andrew Peters himself, in the life
of Hugh Peters showed the relation between Rev.Drs. Samuel and Sam-
uel Andrew Peters, thus: Samuel Peters, L.L. D., son of John and Mary
Peters, born in Hebron in 1717; tory; went to England in 1774. Samuel
Andrew Peters, A. M., barrister, son of Jonathan and grand son of John
and Mary, had Samuel [Andrew] Peters, who was also a tory, and also
508 Additions and Corrections.
went to England in 1774. It is evident that Kev. Dr. Samuel Peters was
uncle to Eev. Dr. Samuel Andrew Peters.
Sometimes Dr. Peters has been ranked as the first elected bishop of
Vermont. At a Convention of the Episcopal church, holden at Man-
chester, Eeb. 26 1794, Peters was elected bishop " in lieu of the Kev.
Doct. ^Edward] Bass, who does not accept." — Vt. Gazette of March 14
1794. Peters had so strong an attachment for Vermont that, notwith-
standing he was both churchman and tory, he highly esteemed many of
its leading whigs, whose lineage, like his own, he was proud to trace back
to the staunch whigs and puritans of England. In the Life of Hugh
Peters he named several, as follows: Gen. Absalom Peters l married Mary
Rogers, who was a descendant of Rev. John the martyr, and mother of
Rev. Absalom Peters of Bennington. Samuel Harrison, of Pittsford,2
president of " the philosophical society of Pittsford," who served at the
capture of Burgoyne and Cornwallis, was a descendant from Gen. Thomas
Harrison of Cromwell's time. Of Gov. Thomas Chittenden's lineage, he
wrote, that " Moses Chittenden, an officer in Cromwell's own regiment,
a solid puritan," " was a brave soldier, and left his spirit to a large num-
ber of his children." " The head branch of the family, Thomas Chitten-
den, Esq., moved into the State of Verdmont and was annually elected
Governor of that State for many years." And of Gov. Moses Bobinson
he wrote thus:
" Moses Robinson, A. M., of Verdmont, has been a Governor of that
state, and a Senator in Congress; he is head of the family of Robinsons,
descendants of the Rev. John Robinson, the father of the puritans in
England in 1620, in whom the methodists and puritans place confidence.
One of his aunts married captain Trumbull, of Lebanon, in Connecticut,
and had a son named Jonathan [first Gov. Jonathan] who was elected
Governor of that State."
Of General Eli Coggswell of Castleton, a true whig, Peters wrote
that he was a " good man ;" and of Vermont, he wrote from London,
March 1795, to Andrew Peters of Bradford, (then recently returned to
Vermont from service in the British navy,) that " the reasons of your
residing in Verdmont, I doubt not, are the same which will induce all
people in the old world to go there." — McKeen's Bradford, p. 135. See
Peters's History of Connecticut for an ardent defence of Vermont against
New York.
Vol. in, p. 16. — The references to "Appendix A" should be to Ap-
pendix B.
Defeat of Gov. Chittenden in 1789, Vol. in. pp. 33, 159.— When the ref-
erence to "Appendix H " was entered in p. 33, the editor designed to
give, in accordance with the reference, a somewhat elaborate statement
of the cause of Gov. Chittenden's defeat in 1789. The movement was
originated in the Assembly, the action of which in 1788 was manifestly
2Of Landaff, N. H., member of the Vermont Assembly in 1781.
3 Probably of Chittenden also.
Additions and Corrections, 509
designed to destroy the confidence of the people in Ira Allen and Gov.
Chittenden, and the Council endeavored in vain to check the House, as
the record of the latter shows. The editor's design was abandoned on
discovering that every thing on this subject had been carefully excluded
from the record of the Governor and Council. A briefer statement here,
with references on the subject, will serve to put the curious in the way
of finding the details.
Oct. 26 1781, a grant of a township of unappropriated land was made
to Maj. Theodore Woodbridge, and the Governor and Council were re-
quested to make out a charter.— See Vol. II, p. 126-7. It appears that a
charter was made out for a township named Woodbridge, but it was for-
feited for non-payment. Thereafter it was regarded, and called by Gov.
Chittenden and others, " a flying grant." Oct. 23 1783, the House
passed an act giving the Governor and Council authority " to take such
measures as may to them appear eligible, in the recess of the Legisla-
ture, to procure such Stores, or money to purchase Stores, as may be
found necessary to enable the Surveyor General to compleat a Survey of
the Towns in this State;" and to " give the Surveyor General such Ad-
vice and Directions as they may think necessary from time to time, in
the prosecution of his Business." — See Ms. Laws of Vermont, Vol. 1, p.
413. On the next day, in the execution of this trust, the Governor and
Council " empowered and directed " Ira Allen, as Surveyor General, " to
dispose of the township granted to Maj. Woodbridge" also thirty-five
rights in Carthage, [Jay,] and use the proceeds in the surveys; also "to
hire Money or purchase Stores " for the surveys, " and to pledge the
Faith of this State, for the Discharge of any such Debts contracted by
him; and this State will be accountable for the Fulfillment of all Con-
tracts by him made, in Behalf of this State." — See ante, pp. 32, 33. Allen
went on with the work, and as he failed " to dispose of the town of
"Woodbridge," &c, he was compelled to use his own funds in purchasing
stores. July 12 1785, a meeting of the Governor and Council was called
at Arlington, but unfortunately only one half of the board attended, and
nothing appears on the record as of that day. The following important
paper, however, was given to Allen, as appears from Allen's address
" To the Impartial Public," dated July 21 1789 : *
Whereas the survey of the town lines, and cutting roads in the north-
ern part of this state, has become absolutely necessary, for the public
weal, as well as advantageous to individuals; and whereas the state have
not the money to advance to carry on said business, but have put two
tracts of land in the hands of col. Ira Allen, to be by him disposed of,
for the sole purpose of carrying on said surveys, and roads, and no per-
son or persons appearing to pay cash or stores for said lands, and col.
Allen proposing to advance considerable cash, supplies, &c. to facilitate
such business, the council not being convened, we therefore hereby give
it as our opinion, that provided col. Allen carry on said business in part
at his own expence, and it shall appear evident that he has advanced
\ For this extract, see Vermont Gazette of Aug. 3, 1789.
510 Additions and Corrections.
money, supplies, &c. to carry into effect such business, that said Allen
have the whole of said lands, or such part as he may have advanced pay
to the amount of, at the price mentioned in a resolution of council,
(dated Oct. 24, 1785,1) for him to sell said lands, provided the towns
[Woodbridge and Jay] should run on the mountains; and in case either
of them should be on good lands, then said Allen is to pay nine pounds
for each right of said lands, that is in the town, or towns, that may be
good lands. Thomas Chittenden,
Thomas Porter,
Timothy Brownson,
Jonas Fay,
Samuel Safford,
Moses Robinson,
Arlington, July 12, 1785. John Fasset.
Allen continued to furnish funds for the work, as appeared on the final
settlement of his accounts. — See ante, pp. 162, 163; and final settlement
noted post, 512. At the election in Sept. 1786, Allen was defeated as
State Treasurer, and that, with other indications of the results of the
election, so alarmed him that he called upon Gov. Chittenden to deliver
to him the charter of Woodbridge. The act of Oct. 23 1783, and the re-
solutions of the Council of the succeeding day, were still in force; under
these Allen had a legal right " to dispose of" Woodbridge and the thirty-
five rights in Jay; and the governor himself, with one half of the Coun-
cillors, had already given the opinion that Allen himself was entitled to
them on conditions which had actually at this time been complied with.
Gov. Chittenden could not avail himself of the technical objection, that
Allen had no legal right but " to dispose o/" the land, without traversing
his conviction and declaration that Allen had fairly and honestly earned
it. He seems to have determined to sacrifice a technicality in favor
of honesty; and when arraigned for it in 1788, he avowed and de-
fended the act. The committee of the House, consisting of Stephen R.
Bradley, Ebenezer Marvin and Phinehas Freeman, reported as follows:
That his Excellency gave for answer, That he did, without advice of
Council, in October 1786, a day or two before the General Assembly set
[sat] at Rutland,2 in pursuance of a flying grant that had been made to
one Woodbridge, which had been forfeited, make out and sign, in a pri-
vate manner, to Ira Allen, Esq. a charter, which, for ought [aught] he
knows, covers some of the premises.3 — That he did, at that time, take a
1 £8 per right as the lowest price, and " as much more as they will
fetch."
2 The legislature met Oct. 12, and the charter of Woodbridge was
probably delivered on the 10th, as it was recorded in the Surveyor Gen-
eral's record on that day.
8 The land granted to Jonathan Hunt, in Oct. 1787, was referred to.
In fact, however, Hunt's grant covered Huntsburgh [Franklin,] while
the charter of Woodbridge describes a town bordering on and east of
Alburgh— apparently Highgate, which had been chartered by New
Hampshire in 1763.
Additions and Corrections. 511
large bond of said Allen, to indemnify him.— And the reason which he
principally gave for it was, the fear that the State would wrong said Al-
len in his capacity as Surveyor-General. — That when the Question was
asked his Excellency whether said charter was recorded or not, he an-
swered, he did not know. — See printed Assembly Journal of 1788, p. 40.
For the revelation of this transaction, Jonathan Hunt seems to have
been responsible. He was a member of the Council in Oct. 1786, and
possibly was aware, at that time, of the delivery of the charter to Allen.
At all events he must have been so on the 26th of Oct. 1787, as on that
day he asked for a grant, describing, as he supposed, the very land char-
tered to Allen; and the House voted it, 36 to 13, against the protest of
Allen.— See ms. Assembly Journal, Vol. 3, pp. 240, 241. Oct. 23 1788,
Hunt opened an active campaign against Allen and Gov. Chittenden, by
another petition, in which he set forth the grant of the previous year to
him; stated that Allen had a charter of the land, and asked for an in-
quiry, and, if the case required, an annulment of Allen's charter. A
committee, whose report in part has been given above, was appointed,
who reported the result of their interview with Gov. Chittenden, and
concluded their report in these words:
That in the opinion of your Committee, his Excellency has violated
the trust reposed in him by the Constitution, to keep the Public Seal of
this State sacred : and that he has converted it to private, sinister views:
And your Committee submit to the House, what order should be taken
— and that in the opinion of your Committee, said charter was fraudu-
lent, and ought to be declared void by act of Legislature.
Gov. Chittenden attended the House, and " after a long and anxious
hearing of his Excellency " and others, the report was accepted, when
Stephen K. Bradley, Israel Smith of Eupert, and Phinehas Freeman
were appointed a committee to report on so much of Hunt's petition as
asked for an annulment of Allen's charter. This committee reported,
Oct. 24th, a bill for that purpose, which was agreed to and sent up to the
Governor and Council for concurrence. On the same day Allen was
" excused " from service as Agent to Congress, and Isaac Tichenor was
elected in his place. The bill of the Assembly in its preamble recited
that the governor had been " pleased in a private manner, to deliver a
fraudulent instrument " to Allen; and charged that Allen was " seeking
to have the same registered and recorded, with a manifest intent to de-
feat and make void grants that have been advisedly made by act of leg-
islation, which great evil to prevent," the bill declared the charter of
Woodbridge " to be null and void, both in law and equity, and incapable
of being given in evidence;" and forbade a record of it by any record-
ing officer, under a penalty of two thousand pounds.
Oct. 25th, the Council returned the bill, proposing as a substitute, that
the Legislature take the cession of the charter from Allen, and that he
should give bonds in the sum of £5000, that he should erase the record
of the charter which had been made in the Surveyor-General's office.
512 Additions and Corrections.
The bill of the House and the Council's proposal are entered in full on
the journal of the House, and the record closes as follows:
Which being read — after a long hearing of his Excellency and sundry
members of the Council, the said preposal was accepted; — and
Besolved, To reconsider the bill, with directions that the same be en-
tered on the Journals. 'x
So the bill did not pass, but was sent out to the public in the printed
journals. It was industriously used in the following political canvass,
and served to defeat Gov. Chittenden in September 1789. Allen pub-
lished a full account of the matter In August 1789, but at too late a pe-
riod to gain general circulation previous to the election.2
Feb. 6 1790, commissioners who had been appointed to settle the Sur-
veyor General's accounts, made their report, in which they found the
sum of £791 17 8 to be due from the State to Allen, and this after charg-
ing against Allen an order on the treasurer for £884 5 11, which Allen
had taken in state notes though in equity it ought to have been paid in
hard money. They thereupon concluded their report as follows:
We also find, that by an act of the Legislature, the Governor and
Council were directed to assist said Allen in procuring supplies for car-
rying on the surveys; and, agreeable to said act, the Council gave lib-
erty to said Allen, to dispose of the whole of the township of Wood-
bridge, and thirty-five rights in Carthage, at 81. per right; and that af-
terwards, the said Allen made an agreement to take said township of
Woodbridge, and thirty-five rights in Carthage, for 91. per right, if the
lands should be good, or 81. per right if mountainous, when he should
have completed the payment of the same in running town lines, &c.
And by the deposition of the late Governor Chittenden, it appears, that
said 884?. 5 11 was to pay the granting fees of said land: — and we give it
as our opinion, that if the said Allen should have the said township, and
thirty-five rights, it would be equitable that he should pay the granting
fees in state securities. Samuel Safford,
Gideon Olin,
Rutland, Feb. 6th, 1790. Roswell Hopkins.
This satisfied the people that there had been no fraudulent intent, and
no " private, sinister views " in this matter; and at the succeeding elec-
tion, and every election in his life-time, Gov. Chittenden received a ma-
jority of their suffrages.
The charter of Woodbridge seems never to have been recorded by the
Secretary of the Governor and Council, or the Secretary of State, but it
was entered by Allen in his record as Surveyor General, and is now in
the office of the Secretary of State, in a book erroneously marked as Vol.
2 of town charters. All the town charters in this book, Woodbridge
excepted, are in the official record. The book was in Allen's possession
when he died, and was given away by his son, Ira H. Allen, to be used
as an account book. It came into the possession of Joseph Beeman in
i See printed Assembly Journal of 1788, pp. 40-49.
2 See Vermont Gazette, Aug. 3-24, 1789.
Additions and Corrections. 513
1824, and was deposited by him in the office of the Secretary of State,
on the supposition that it was an official record of charters. The char-
ter of Woodbridge, given to Allen, was dated Oct. 26 1781, the date of
the grant to Maj. Woodbridge, and it was recorded by Allen on the 10th
of Oct. 1786, in this book, which probably was originally intended for a
state record, but was withheld on account of the questionable charter of
Woodbridge.
Vol. in, pp. 45, 48, 49, 63.— The references to "Appendix D" should
be to Appendix G.
John Fasset, jr., Vol. ill, p. 50.— His residence was at Cambridge, he
having removed to that town in the summer of 1784.
David Lamb, Vol. in, p. 89.— This name is printed both Daniel and
David. David is correct.
Thomas Tolman, Vol. in, p. 109, note 1.— "Thomas Tolman, town clerk
of Danby," should be Ebenezer Tolman, &c. This error was copied from
the Assembly Journal. — See ante p. 362, note 1.
Brewster Higley, of Castleton, Vol. ill, p. 124. — This name is errone-
ously printed " Higby."
Gov. George Clinton a claimant to land in Vermont, Vol. ill, p. 137,
note 2. — Several of the citizens of New York, who were claimants to land
in Vermont under New York patents, were successful applicants to the
General Assembly of Vermont for grants of land ; John Kelly for a
very large quantity, a part granted previous to the settlement of the
controversy with New York. The following grants were made subse-
quent to the settlement: Jan. 20 1791, 4000 acres of vacant land to George
Clinton and John McKesson;1 Dec. 28 1792, 14,000 acres in Jay chartered
to John Jay, and 2000 acres to John Cozine;2 and Nov. 5 1798, the gov-
ernor was requested and required to issue a charter to John Jay and
John Cozine for 4905 acres — and to George Clinton, John McKesson, and
Peter Kemble " the quantities stated in their petitions."3 It is certain
that an agreement was made, as to the terms of the grant of 1787 to John
Kelly, by the commissioners of Vermont and New York who settled the
controversy between those States; and that Mr. Tichenor, of the Ver-
mont commissioners, was efficient in securing the grant to Chief Justice
Jay, for essential service in facilitating the settlement of the contro-
versy.*
Vol. in, p. 179. — The figures 162-3 were accidentally omitted in the
reference in note 2.
Noah Smith of Bennington, a representative for Johnson, Vol. in, p. 188.
— The statement, that Mr. Smith's right to a seat was not questioned in
1 Vt. ms. State Papers, Vol. 31, p. 202.
2 Ms. Charters in Sec. of State's office, Vol. 1, p. 376.
3Vt. ms. State Papers, Vol. 30, p. 352; and Vol. 31, p. 202.
*See printed Assembly Journal, 1792, pp. 64, 70.
36
514 Acknowledgments.
1789, is correct; but it should have been added, that Mr. Smith pre-
sented credentials from Johnson, Oct. 10 1788, and the question whether
he should be admitted to a seat was negatived— ayes 24, noes 43. — See
ms. Assembly Journal, Vol. ill, p. 254.
, Nathaniel Chipman, Vol. in, p. 244. — In the nays, on the question of
instructions to the Agents to Congress, " Mr. Chipman " is found. The
roll of the members in the journal of the Assembly shows no member
of that name. It does appear, however, that the town of Tinmouth was
authorized to hold a special election to fill the vacancy in the House, oc-
casioned by the election of Thomas Porter as Councillor; but no entry
appears on the journal of any new member taking his seat from that
town. From the important position assigned to " Mr. Chipman " on p.
244, as one of a committee to address the President of Congress, and
like positions at the session of the same House in Feb. 1783, it is most
probable that Nathaniel Chipman of Tinmouth was the person named.
Insurrection in Butland County, Vol. in, pp. 367-373. — For another ac-
count, see New England Genealogical Begister for 1872, pp. 126-131.
Edward Aiken, of Londonderry, Vol. in, p. 372. — His name is errone-
ously placed in the list of those who were absent, or did not vote.
Vol. in, p. 388.— "McKean" should be Kean— Hon. John, of S. C.
Vol. in, p. 481, for Enoch Emerson of ,k Bridge water," read Bochester.
ACKNOWLEDGMENTS.
Acknowledgments are due to Hon. Hamilton Fish, U. S. Secretary
of State, and Henry A. Homes, Librarian of New York State Library,
for access to papers in their respective departments on the New Hamp-
shire Grants; to Loveland Munson, Esq., of Manchester, and Rev.
Dr. Silas McKeen, of Bradibrd, for errors corrected— and to the last
named specially for facts settling the mooted question as to the name of
Rev. Dr. Samuel Andrew Peters of Hebron; to Rev. H. A. Hazen of
Billerica, Mass., for old and interesting documents, which have been for
more than half a century unattainable; to the Vermont Historical
Society for the engravings of Vermont coins; to Marcus D. Gilman,
Esq., of Montpelier, for the use of a Vermont bill of credit, for the en-
graver of the/ac simile; and to George Lyman, Esq., and Hon. Hiland
Hall of Bennington, for the portrait of Governor Tichenor which has
been engraved for this volume. This portrait, writes Gov. Hall, was
painted by an artist in Philadelphia, in the winter of 1796-7, when
Tichenor was a member of the United States Senate, and a few months
before he was first elected governor. It is undoubtedly a genuine por-
trait, and represents Gov. Tichenor as he was when actively engaged in
affairs of the State. The editor adds, that it is the only one, of three
portraits by different artists, which Mr. Lyman and family would con-
sent to have engraved; and that the signature beneath the portrait is a
fac simile of Mr. Tichenor's signature to the report of the Vermont Com-
missioners on the settlement of the controversy with New York.
GENERAL INDEX.
Abbott, Joel, 41; Col. John, 419.
Abeel. James, 448.
Abel, [probably Abeel,] 448.
Acknowledgments, 514.
Act and resolutions of the Vt. Con-
vention of Jan. 1791, ratifying the
Constitution of the United States,
480, 481.
Acts of Congress, for the admission
of Vermont into the Union, 485;
fixing the number of representa-
tives in Congress for Kentucky
and Vermont, 488; giving effect
to U. S. laws in Vermont, 488.
Acts of the Legislative Council of
the Province of Quebec on trade
through LakeChampiain,in 1787.
403; in 1788,405; in 1790, referred
to, 406.
Acts of New York, appointing Com-
missioners to settle the contro-
versy with Vermont, 448, 453.
Acts of Vermont, authorizing the
Governor and Council to grant
pardons, 19, 46, 269, 270, 310; di-
recting the form of passing laws,
35; for the punishment of defama-
tion of civil authorities, 139; on
legal tender, contracts, &c, 7, 25,
112, 116. 136, 140-41, 364-5, 375,
383; against treason, &c, 314; to
pardon Charles Pphelps, 332, and
Timothy Church and others, 333;
for the prevention and punish-
ment of riots, &c, 373; for the
emission of bills of credit, 381;
authorizing coinage of copper,
383 ; establishing post-offices, 392,
393; to open free trade to and
through the Province of Quebec,
397; betterment acts, 344, 352;
to repeal the prohibition of the
trial of land titles, 345; of natu-
ralization, 385, 391; retaliatory,
against New York, 302, 331; ap-
pointing Commissioners to settle
the controversy with New York,
450; to pay £30.000 to New York,
462; authorizing Convention to
ratify the Constitution of the
United States, 464.
Adams, Andrew, 178-9; Doct. Sam-
uel, 170.
Adams, President John, 402, 439,
488-9. — Letters o/, to John Jay in
1787, 402, 439.
Addison countv, 83, 90. 91, 97-99,
114,116, 118,128, 131, 138,146-148,
150-51, 155, 194, 220-21, 224, 371,
394, 485.
Adjutant General, 207. 212.
Admission of Vermont into the
Union, 218-220, 222, 224, 227, 464-
488.
Address, by General Assembly, of
thanks to Gov. Thomas Chitten-
den, 184; to Gov. Moses Robin-
son, 208; to President Washing-
ton ordered in 1789.188,201; to
Congress, in 1783, 271-2, 274; of
Gov. Thomas Chittenden to the
freemen of Vermont, in 1786, 359;
and of Joseph Marsh to the same,
in 1790, 205.
Adultery,*)polygamy, &c, penalties
of, 127.
Affidavits : of Joel Bigelow, 235;
Thomas Baker and David Lamb,
240 ; William Shattuck and Henry
Evans, 241; Charles Phelps, 273;
Jonathan Kittredge, Thos. Frink,
William Shattuck, and William
Lee, 274; Oliver Lovell, 275;
James Davidson and Win. White,
319; and of Gov. Thomas Chii-
tenden, 415.
Agents and Delegates to Congress,
19, 84, 174-5, 199, 243-4, 269, 301,
516
General Index. — A,
334.— Mode of election of, 301; t
private instructions to, 243; cre-
dentials of first Agents, 499.
Aid, by Vermont to Massachusetts
in Shays's rebellion, 375-380.
Aiken, Edward, 147, 244, 268, 350,
372, 466, 480, 514; James, 87, 89.
Ainlee, Thomas, 402.
Alexander, Giles, 110; John, 60,
333-4.
Allen, Col. Ebenezer, 48, 58, 91, 97,
171-2, 284, 372, 395, 419, 467, 481.—
Letter of, to Capt. Jesse Safford,
in 1780, 284.
Allen, Elnathan, 194-5.
Allen, Gen. Ethan, 51, 125, 142, 234-
237, 240-242. 268, 284-5, 292, 306,
308, 329, 343, 354, 380, 385-387,
390, 418-19, 501-2, 504, 505-7.—
Letters of, to the public, 329; to
Col. Benja, Simmons, on Shays's
rebellion, 379; to St. John de
Crevecoeur, on the Oracles of Rea-
son, &c, 390.
Allen Family, 503; Heber, 228;
Maj. Heber, 41; Capt. Heman,
499; Heman, of Highgate, 222.
Allen, Maj. Gen. Ira, 1-6, 8-10, 13,
14, 16, 18, 19. 23-25, 31-39, 41-43,
45-6, 50-54, 62-3, 66-68, 70-72,76,
79, 80, 84, 89, 91-2, 95-97, 100, 106,
108, 113, 115-116, 124, 126, 129,
131, 135, 13S, 142, 146-149, 153,
155, 157. 161-164. 168, 171, 174, 176,
178-180, 186, 189-191,200, 202-204,
216-17, 219, 222, 234, 244, 254, 265,
267, 269, 309, 327, 334, 336, 342-3,
359, 361, 380, 39S-9, 407-418, 420,
434, 447, 450, 461, 467, 479, 480, 499,
505, 507, 509-513.— Account of, as
Surveyor-General, 162; report of,
on negotiations for free trade to
and through Canada, 398; nego-
tiations for a ship canal from lake
Champlain to St. Lawrence river,
407, 411-413, 415-417; statement
of his services, 418-420.
Allen, Ira H., 512; Joseph, 502;
Levi, 113, 118, 399-401, 404, 407-9,
— letters of\ 408-9 ; memorial of,
in 1791,409.
Allen, Reuben, 369; Samuel, 126;
Zimri, 501.
Ambler, Ebenezer, James and John,
80.
Amendment, disagreement of Coun-
cil and Assembly on, 116.
American Hero, ode referred to, 76.
Amherst, Gen. Jeffrey, 412.
An American Farmer, letters from,
by St. John de Crevecoeur, re-
ferred to, 385, 389.
Ancient settlers, acts to quiet — see
Betterment acts.
Anderson, James, 8.
Andross, Bildad, note on, 283.
Andrus, Timothy, 98, 113, 132, 159,
174.
Apthorp, Charles Ward, 171-2.
Arms, Josiah, 304-5.
Arnold, Benedict, expedition to
Quebec, in 1775, 505-6; Hon. Jon-
athan, 113-14, 136-7, 174, 195, 205-
207, 213, 218-226, 229, 245, 266,
334, 447. 467, 481.
Arthur, John, 448.
Ashcraft, Daniel, 85, 88, 305.
Ashley, Azariah, 380; John, 30.
Assemby, General, address of, to
President of Congress, Feb. 1783,
271; to Gov. Chittenden, 187; to
Gov. Robinson, 208; rules of, 68,
82.— See Vermont.
Attachment of Vermont to the
country, declaration of, 16, 20, 269,
271.
Attorney General, 190, 194, 199, 200,
217, 304.
Auditor of Accounts, 213, 216-17.
Austin, Col. Seth, 189, 210.
Austria, 77, 433.
Averill, Samuel, 126.
Averist — see Everest.
Avery, Abraham, 92, 306; John, jr.,
314, 380; Samuel, of Westmin-
ster, 69, 70, 239; Samuel, Esq., of
New York, 189, 198, 202-3; l Wal-
ter, 225.
lThe Avery, to whom the title "Esq." is affixed above, was a claimant to over.
50,000 acres of land in Vermont, under ISew York patents, and he received grants from
Vermont for a like quantity, on the ground that he had always been a fast friend to
the United States as against Great Britain, and to Vermont as against New York. It
is stated, inH. Hall's Early History, that he resided for a time at Westminster ; hence
the correctness of the suggestion in Vol. n, pp. 104-5, that there were two contempo-
raneous persons of the same name, may be doubted: but from the facts that the title
" Esq." is affixed in the journals to the grantee, Avery, and that a letter of his to the
General Index. — B.
517
Babcock, Amos, 16.
Bache, Theophilact, 448.
Bacon, Jabez, 503-4.
Baker Family, 503.
Baker, George, 380; John, 502; Jo-
seph, 223; Mary, 502; Remember,
502; Capt. Remember, 43, 502-3;
Capt. Thomas, 239. 206— affidavit
of, 240.
Baldwin, Abigail, 10, 18; Benjamin,
of Bradford, 24, 51, 62, 97, 10(),
347; Benjamin, of Dorset, 244,
350.
Barber, Elisha, 121, 221, 311-12, 467.
Bard, John, jr., and Samuel, 448.
Barden, Edmund, 448.
Barlow, Aaron, 70. 88, 111, 350, 399.
Barnard, Dan, 369; Francis, 78.
Barnes, John, 122.
Barnum, Samuel, 171-2.
Barrett, Deacon, of Boston, 493;
Col. John, 37, 57, 62, 68-73, 75, 84,
86, 88-90, 92, 95, 112.
Barron, Col. John, 63, 65, 97, 100,
162-3, 221, 467, 480.
Bartholomew, Timothy, 372.
Bartlett, Ichabod, 123; Hon. Icha-
bod, of N. H., 123,329; Hon. Jo-
siah, of N. II., 293. 329; Samuel.
21, 54; Zarrager, 494.
Barton, Col. William, 55, 180, 192.
Bartram, John, 386.
Bass, Rev. Dr. Edward, 509.
Battle ot Bennington, 2, 102, 149,
418, 483. 507; of Ilubbardton, 2.
Baume, Lieut. Col. Frederick, 418.
Bayley, Frye. 283.
Baylev, Gen. Jacob, 51, 51-56, 62, 70,
83. 98, 101. 105, 107-109, 111-114,
120-128, 130-132, 134-5, 137-141,
145-154, 156. 160-61. 163,165-170,
173, 175-177, 181, 184-5, 190-202,
205, 210, 212-216, 284, 286, -'92,
347, 362, 370, 377, 499, 501. - Let-
ters of, to Gov. Clinton, Oct. 1787,
137, and Sept. 1782, 238; to Brest,
Weare of N. H., Oct. 1780, 284.
Bayley, John G., 146, 148-154, 156,
159, 160; Joshua, 283; Ward, 18.
Baylies, Hon. Nicholas, 77.
Beach. Gershom, 132, 136, 148; Sam-
uel, 467, 480.
Beadle, William, 14.
Bean, Enoch, 308.
Beardsley, Jehiel, 39.
Beatty, Hon. John, of N. J., 324,
326.
Beebe, Rev. Lewis, to Gov. Chitten-
den, 64; note on, 162.
Beeckman, Mary, 448.
Beeman, Daniel, 161-2; Elijah, 224.
Joseph, 467, 481, 512.
Bell, John, of Philadelphia. 158;
Jonathan. 99, 100, 117. 165. 206-7,
209-10, 212-216, 3(57; William, 215.
Bellamy, Rev. Dr. Joseph. 76.
Benjamin, Capt. John, 21, 267-8.
Bennet, Benjamin, 7; John N., 467,
480.
Bennington countv. 2. 21, 26, 34. 43,
49, 61, 64. 128, 138, 195. 224. 279,
306, 308. 311, 345, 358, 371, 465, 485.
Benson. Hon. Egbert, of N. Y.,44l,
453-454, 459-60,462; Robert, 242,
460.
Benton, Samuel, 190.
Berkshire countv, Mass., 359, 377,
380, 493,.
Betterment acts, 16, 31, 37, 44-5, 57,
67, 74.91, 343-356,504.
Bigelow, Edmond, 71; Joel, 234-
237, 245, 266, 315— affidavit of, 235;
Jotham, 303; Maj. Timothy, of
Worcester, Mass., 506; William,
89, 303.
Bills of credit, 381-383. 514.— Fac
simile of, facing page 382.
Bingham. Jabez, 19.
Biographical and other personal
notes — Allen Family, 503; Gen.
Ethan and Zimri Allen, 501; Maj.
Gen. Ira Allen. 95; Bildad An-
dross, 283; Sam'l Avery, Esq., of
N. Y. city, 516; Baker Family, 503;
Capt. Remember Baker, 502 ;
Brownson Family, 501, 503; Rev.
Lewis Beebe, 162; Hon. Jonathan
Blanchard, 329 ; Hon. Joseph
Bowker, obituary, 54 ; Jonathan
Brace, 345; John Bridgman, 15;
Joseph T. Buckingham, of Bos-
ton, 507; Nathaniel Chipman, 514;
Gov. Thomas Chittenden, de-
cended from Moses of England,
508 ; Timothy Church, 268; Gen.
Eli Cogswell, 508; Hon. Abel Cur-
Secretary of the Council, about a land title, is dated at New York, the editor believes
that Samuel Avery, Esq., was a resident of the city of New York. — See Ms. Vermont
State Papers, Vol. 24, p. 64.
518
General Index. — B.
tis, obituary, 24 ; Gen. Roger Enos,
505; Maj. Joseph Fay, 503; Hon.
John Fasset, jr., 504; Samuel
Harrison of Pittsford, 508; Gen.
Moses Hazen, 65 ; Lieut. Gov.
Jonathan Hunt of Vernon, 101,
110-11; Hon. Jonathan Hunt of
Brattleborougb, 102; Col. Thos.
Johnson, 285-6 ; Cols. Charles,
and Robert, Johnston, 507; Hon.
William Samuel Johnson, 421;
Hon. Brockholst Livingston, 331:
Hon. Matthew Lyon, 503; Hon.
Gouverneur Morris. 291; Hon.
Samuel Mai tucks, 77; Hon. In-
crease Moseley, 272; Hon. Nath'l
Niles, 76; Joshua Nutting, 350;
Rev. Dr. Sanrl A. Peters and fam-
ily, 507, 508 ; Chas. Phelps, 332 ;
Hon. Thomas Porter, 1; Rev. Dr.
Richard Price, 388; Gov. Moses
Robinson, 184, and lineage of, 508;
Gen. Samuel Safford, 2; Rev. Eli-
jah Sill, 162; Lieutenant Nathan
Smith, and Nathan Smith of'Brid-
port, 501 ; Gov. Isaac Tichenor,
103, 514; Rev. Thomas Tolman,
50; Gov. Jona. Trumbull, senior,
506; A.ime Robert James Turgot,
388; Hon. Royal 1 Tyler, 375; Gen.
Benj. Wait, 504; Gen. Ebenezer
Walbridge, 102; Warner Family,
503; Col. Seth Warner, 502-3 ;
Col. Gideon Warren, 16 ; Gen.
Win. Whipple, 288; Capt. Eben-
ezer Willoughby, 15.
Birchel, Roger, 159.
Bisbee, Abner, 372.
Bixby, Samuel, 233, 239, 240, 334.
Blacke, Timothy -see Blake.
Blackstone, Sir William, 428.
Blake. Timothy, 75, 350.
Blanchard, John, 10; Hon. Jona-
than, of N. H., to Josiah Bartlett,
329; William, 10.
Bland, Hon. Theodorick, of Va.,
245, 278.
Bliss. Pelatiah, 122-124; Samuel,
133.371, 372; Timothy, 166, 467,
480.
Blndgett, James, 86; William, to
Gov. Chittenden, 414.
Blount, Hon. Wm., of N. C, 245.
Board of War, 6, 16, 267.
Bogart, Nicholas C.,448.
Bogue, Frederick A., and Jesse,
209.
Bond, George, '266.
Boudinot, Horn Elias, of N. J., 245,
251.
Bowdoin, Gov. James, of Mass.,
125-6, 128, 146, 376, 379.
Bowker, Col. Joseph, 1, 3, 14. 16-18.
23-4, 35, 37, 40-42, 58, 267, 343;
346, 499; — obituary notice of, 54.
Boyd, Robert, 448.
Boyden, Maj. Josiah, 304.
ftrace, Hon. Jonathan, 21, 34, 64.
—Note on, 345.
Bradley, Joseph. 333, 349, 350; Hon.
Stephen R., 17, 25, 30, 32, 37, 51-2,
55-6, 62, 67-70, 75, 81, 84, 96, 133,
166, 168, 173-175, 199, 215, 219,
223-4, 226, 228, 242, 253, 274, 298,
301, 304-5, 310. 334, 343, 345, 347,
350, 450-51, 461. 464, 466, 473,
475-6, 478-480, 510, 511 — letters
of\ to inhabitants of Guilford, Jan.
10 1784, 304; to the publishers of
the Vermont Journal, Jan. 24
1784, 305 — remarks of, on the
Federal Constitution, 475, 479.
Breakenridge. John, 132.
Breck. Samuel, 386.
Brewster, Jonathan. 372, 466. 480.
Bridgman, John, 15, 32, 58, 62,
118-19, 123-4, 132-3, 138,234,253,
303. 307, 333, 343, 372, 375— note
on. 15; Orlando, 303.
Brigham, Lieut. Gov. Paul, 26,
32, 65, 105-6, 119, 123, 126, 133,
160. 173-4, 180, 362, 372, 375, 377;
Brigham, 28.
Briggs, Peter, 372, 466, 480.
Bristol, Gideon, 114; Joseph, 371.
Bronson, [Brownson] Familv, 273,
501-3.
Brooks, Maj. James, 61.
Brown, Bryant, 51. 54, 56-7, 64, 70,
114, 124-5, 127-8, 138, 187, 189, 350,
372, 377, 385 ; Daniel, 131, 157, 180 ;
Nathaniel, 57; Phinehas, 124, 126,
372; Timothy, 26, 122, 131, 157,
180.
Brownson, Rev. Abraham, 273 ;
Amos, 99, 273, 467, 480; Cornelius,
senior and junior, 502; David, 87;
Brownson family, 273, 501-3; Gen.
Gideon, 4, 34, 38, 47, 91, 122-3,
132-3, 171-2, 189, 210, 273, 362,
370-71, 375, 501-2; Col. Levi, 273;
Marj, 502, Richard, 501; Col.
Timothy, 1, 3, 5, 7, 9, 14, 16, 23-4,
33, 35-6, 38-9, 43, 50, 52-54, 63,
General Index. — B, C.
519
76, 78-80, 89, 101, 105-108, 112,
117-121, 123-128, 130-132,134-136,
138-141, 145-6, 161-163, 165-173,
176-7. 181-185, 203-210, 212-216.
218-220, 222-226, 221), 243, 267, 273,
308, 343, 376, 385, 410, 466, 480,
501-2, 510.
Brush, Alexander, 166, 467, 480;
William, 75, 91. 97, 118— letter to,
128.
Brydia. David, 12.
Buck, Hon. Daniel. 50, 66-69, 74,
467, 473, 475-6, 481— remarks o/,
on the Federal Constitution, 473,
476; Lemuel, 209, 215; Samuel,
209.
Buckingham, Hon. Jedediah P.,
171; Joseph T., of Boston, 507.
Bnel, Maj. Elias, 59, 60, 83, 176, 180,
202.
Bull, Thomas, 244.
Bullen, Rev. Joseph, 23.
Bullock, Lovewell, 70,71; Shuhael,
41, 306, 310; William, 309, 350.
Burgess, Ebenezer, 154, 372.
Burgoyne, Augustus Horatio, 193;
Lieut. Gen. John, 419, 498, 509 —
capture of, note on, 504.
Burk, Daniel, 149; Lemuel, 121.
Burke, Simeon, 30.
Burnham, John, 171; John, jr., 497.
Burt, Hon. Benjamin, 106,' 122-4,
132,370-71; John, 371.
Burton, Rev. Asa, 78, 146; Elish<%
51, 58, 167, 185, 189. 191, 350.
Business assigned for October ses-
sion, 1782, 4.
Butterfield, Benjamin, 45; Thomas,
133, 163-4, 37i-2.
Button, Lois, 80.
Cahoon, Daniel, 228.
Campbell, Mary, 170.
Canada, 435.
Canal, ship, from lake Champlain
to St. Lawrence river, negotia-
tions on from 1784 to 1809, 407-
418. '
Canneld, Nathan, 123, 171, 371;
Samuel, 72; Rev. Thomas, 503.
Capron, Joseph, 225.
Carleton, Sir Guy, Lord Dorchester,
118.401-404. 406, 410, 423; Gen.
Thomas, 284, 419, 501.
Carpenter, Asaph, 13, 41, 60, 306,
310, 334; Lieut. Gov. Benjamin,
64, 253, 302, 306, 498; Cephas, 67,
371; Cyrryl, 41, 60, 306, 310, 334:
Edward, 13, 41, 60, 303, 306, 310,
334; Jabez, 124; James, 372.
Carroll, Hon. Daniel, of Md., 245,
247, 256, 273, 276; Thomas, 15,
244.
Case, Emanuel, 37, 466, 481.
Cass, Gen. Lewis, 77.
Castilow, Robert, 170.
Castle, David, 170; Timothy, 466,
480.
Caswell, David, 42.
Caverly, Doct. A. M., 368.
Cazier, Rev. Matthias, 207.
Celebration at Rutland, on the rati-
fication of the Federal Constitu-
tion by Vermont, 483.
Chaffee, Abner, 12; Atherton, and
Rachel, 30.
Chamberlain, Abner, 21-2; Joseph,
41, 60, 306, 310, 334; Hon. Will-
iam, 85, 467, 481.
Chamberlin, Joseph, of Mass., 86.
Champlain, lake, 260, 294, 318, 320,
327, 411.— Islands in, 180; trade
on and through, 17, 60, 63, 267-8,
396-7, 402-3, 405, 412, 417.— See
Canal, IS hip.
Chandler, Cap t. 207; Gardiner, 210,
466, 480; Gen. John, and Hon.
John W.,113; John, 74; Nathan-
iel, 304; Maj. Thomas, jr., 1, 107,
122, 147, 343.
Chapman, Henry, 448; Throop, 108.
Chapin, Rev. Pelatiah, 105.
Chart of the State ordered, 245.
Chase, Stephen, 13, 67, 334; Will-
iam, 124.
Cheshire county, N. H., 384-5.
Childs, Benajah, 190, 194; Jonathan,
80, 155; Maj. Jonathan, 501.
Chipman, Hon. Daniel, 133, 351,
355, 364-5, 440-442, 446.— Remarks
of: on the betterment acts, 354-
356; on the temper of the legis-
lature in 1786, 364-366; on the
question of land titles as an ob-
stacle to the admission of Ver-
mont into the Union, 440.
Chipman, Darius, 367, 372 ; Dr.
Lemuel, 30, 35, 109, 119, 125, 154,
156, 166, 180, 187-189, 300, 362,
364, 371, 375, 385, 464, 466, 480;
Samuel, 187, 190.
Chipman. Hon. Nathaniel, 46, 57, 67,
81-83, 87, 106, 113, 117, 176, 189,
191, 211-213, 217, 222, 225, 227,
520
General Index. — C.
243-4, 266-7, 334, 341, 347. 349-
351, 355-6, 439-442, 445-6, 450-56,
461, 466, 480, 486-7, 489, 514.—
Letters of: to Alexander Hamil-
ton, July 15 1778, 441; to Gov.
Chittenden, March 23 1791, 486;
of Chipman and Lewis R. Morris
to Gov. Chittenden, May 2 1791,
487. — Eemarks of on the Federal
Constitution, 468, 478.
Chittenden, Gov. Martin, 467, 481;
Moses, of England, 509 ; Hon.
Noah, 91, 97, 98, 221, 409.
Chittenden, Gov. Thomas, 1, 3, 6,
13, 14, 23-4, 33, 35, 50, 51, 53-4,
62, 64-66. 68. 70-72, 74, 76, 78, 96-
98, 101, 105-6, 108, 117-18, 120-
128, 130, 132, 134-130, 138-142,
145-147, 149-156. 159, 161-163, 166
-173, 175-177, 181-2, 185-187, 191,
197, 201, 205-208, 211-227, 234,
249-253, 2(52-3, 266, 268-9, 273, 276,
299, 300, 303, 307, 311-313, 321, 326,
329-30, 343, 347, 355, 359, 375-379,
397, 409-10, 413-415, 420, 443-4,
449, 467, 486-7, 499, 504, 508-512.
— Affidavit of 415. — Cause of de-
feat of in 1789, 508-512.— Letters
of: to Stephen R. Bradley, Dec.
24 1782, 253; to the President of
Congress, March 18 1783, 274; to
same, April 26 1784, 321; to John
Bridgman and others, Jan. 10
1784, 303; to Gov. John Hancock,
March 10 1784, 312; to the free-
men of Vermont, Aug. 1786, 359;
open letter accrediting Ira Allen,
Oct. 27 1795, 415; to Vermont
delegation in Congress, April 20
1797, 415. — Proclamations of: of
thanksgiving, Oct. 16 1783, on the
close of the revolutionary war,
300; Oct. 20 1787, for observance
of the laws of the State, 152; Feb.
27 1787, against Shays's rebellion,
377. — Lineage of 509— Speeches
of: of Oct. 15 1784, referred to,
52, 330; on retiring from office in
1789, 186; to the General Assem-
bly in 1790, 211.
Chittenden county, 148, 151, 158,
169, 172, 195, 201, 213 14, 216, 224,
394, 485.
Church, Bethuel, 233; Eleazer, 304,
333; John, 197, 494; Moses, 494;
Col. Timothy, 15, 234, 239-40,
249, 252-3, 260-61, 268, 272, 276,
279, 297, 303. 306 — petition of,
276.
Churchill, Janna, 466, 480.
Claghorn, Eleazer, 467, 480.
Clark, Hon. Abraham, of N. J., 245,
247-249,256; Capt., 167, 207; Capt.
Elisha, 177; Elisha, 58, 159, 216;
Gen. Isaac, 52, 55, 61, 63, 70, 130,
148-9, 151, 157, 212, 214, 332, 350,
308-370,409; John, 495-6; Jonas,
27,61; Joseph, 372; Lemuel, 162;
Lois, 50 ; Maj., 207 ; Clark, Mr.,
of N. Y., 430; Nathan, 497; Ozi-
as, 177; Rev. Thomas, 448.
Clarke, William, 494-496.
Classes, heads, of 6.
Clay, James. 233.
Cleveland, Capt. 207.
Clinton, Gov. George, 28, 102, 137,
231, 233-239, 240, 245-6, 248, 251-
253. 268, 273-4, 277, 279-80, 287,
289-291, 294, 297, 304, 307, 318-320,
323-4, 379, 440, 447, 454.— Letters
of in 1782: to committee of Cum-
berland [Windham] county, 232;
to Joel Bigelow, 235; to Yorkers
in Windham county, 236; to Jon-
athan Hunt of Vernon, and also
to a convention, 237; to Alexan-
der Hamilton, 252.— In 1783: to
Col. Timothy Church, 279; to
Prest. Weare of N.H.,287; toN.
Y. Delegates in Congress, 279;
to Alexander Hamilton, 289. —
Objections of, to the act of New
York appointing Commissioners
to settle the controversy with Vt.,
454-456. — A claimant to land in
Vermont, under New York pa-
tents, 137-8.— Land granted to, by
Vermont, 513.
Clinton, Sir Henry, 294.
Clossen, John, 18.
Clymer, Hon. George, of Pa., 245,
256.
Cobb, Capt., 207; Elkanah, 126, 134;
Cobb vs Loomis, 134.
Cochran, Lieut. Col. Robert, 318,
502.
Cockburn, William, 448.
Cotfeen, John, 372.
Coggswell, Gen. Eli, 121, 414, 508;
Mai. Thomas, 180.
Coinage, Vermont, 73, 94, 112, 383-4.
Fac simile of various coins, facing
p. 383.
Coit, William, 163, 177, 180.
General Index. — C.
521
Coleman, Joseph, 7.
Columbia college, N. Y., 421.
Commercial intercourse, negotia-
tions and action on, 17, 47-8, 60,
61, 63, 113, 118, 183, 395-407.
Commissary General, 6, 7, 73, 304-5,
307.
Commissioners, of New York, to
settle the controversy between
New York and Vermont, 449,
453,— Act of, 459.-0/ Vermont,
for the same purpose, 450; report
of, 460; commissioners to Con-
gress, 1791, 344; report of, 487.
Commissioners, Land, in Vermont,
178, 193, 202,342; and on Survey-
or General's accounts, reports of,
202, 512.
Committees of Congress, reports of:
on Vermont affairs, 246, 276; as
to arms and troops for New York,
324, 325; for the admission of Ver-
mont into the Union, 326, 486. —
Propositions in: on admission of
new States into the Union,337-339.
Common law of England adopted,
134.
Compensation of Agents to Con-
gress, 244; of the Governor, 12,
91, 117, 156, 178, 197, 217; of State
Treasurer, 156, 178, 197, 217.
Condit, Hon. Silas, of N. J., 248.
Cone, Joshua, 64.
Conflicting titles to lands, and meas-
ures of relief, 341-356.
Congress, action of adverse to Ver-
mont in Dec. 1782, and related
documents, 231-265; proceedings
of on Vermont, Feb. 4 to May 26
1783, 273-277; May 13 to May 29
1784, and related documents, 315-
329; report of committee of favor-
able to Vermont, May 29 1784,
325-6; obstacles in to the admis-
sion of new States, 337-340; acts
of admitting Vermont into the
Union, &c, 486-489.
Congressional districts in Vermont
in 1791, 229, 485.
Connecticut, 1, 245, 262, 273, 288,
321, 338, 345, 421-2, 439, 486 : aid
from, to Vermont, 293, 506.
Connecticut Courant, 382; Gazette,
76; river, 256, 259, 284, 286, 294,
327-8, 408, 420.
Constitution, U. S., ratified by Ver-
mont, 218, 464-482.
37
Constitution of Vermont revised,
110; established, 133.
Continental money, scale of depre-
ciation, 122.
Convention, State constitutional, of
1786, 110.— To ratify U. S. Con-
stitution, Jan. 1791, proceedings
and debates of, 466-482; acts of,
480; resolutions of, 481.
Convention of committees of Brad-
ford and neighboring towns, at
Thetford, May 1782, resolutions
and memorial of, &c, 281-284.
Convention at Cornish, N. H., Dec.
9 1778, proceedings of in full, 499
-501; at Kutland, Aug. 15 1786,
noticed, 361; at Middletown, Sept.
1786, noticed, 362; at Wells, in
1784, noticed, 358.
Converse, Israel, 190-91.
Cook, Jesse, 66, 122, 126, 132, 148,
204, 362, 370-372.
Cooke, Hon. Joseph Piatt, of Conn.,
338.
Cooley, Col. Benjamin, 221, 363, 368
-370; Gideon, 147.
Cooper, Abel, 350.
Copelin, Capt. 506.
Cornall, Bev. Joseph, 177.
Cornwallis, Lord, 275, 419, 508.
Correspondence of Commissioners
of New York and Vermont, in
1790, 451-458.
Cothren, William, 502.
Cottle, Jabez, 244, 350.
Council of Censors, 5, 56, 62, 64-5,
67, 81-83, 85, 91, 109-10, 359, 399.
Counties in 1787, 128.
County officers, mode of appointing,
211.
Court, Superior, judges of, 4, 57, 84,
106, 146; supreme, 213.
Cowen, Ephraim, 53, 138.
Cowls, Gideon, 95.
Cowles, Timothy, 71.
Cox, Benjamin, 56.
Cozine, John, 448, 513.
Credentials of first Agents of Ver-
mont at Congress, 499.
Creveco3ur, St. John de, 125, 142,
385-389, 391, 505.— Letters of, to 4/
Ethan Allen, in 1785, 386-392.—
Children of: America Francis,
[or Frances,] Philip Lewis, and
Wm. Alexander, 387, 389, 391-2.
Crippen, Samuel, 17.
Cromwell, Oliver, of England, 508.
522
General Index. — C, D, E.
Cropping, as a punishment, 131-2.
Cruger, Nicholas, 448.
Culver, Daniel, 350.
Currier, David, 209.
Curtis, Hon. Abel, 9, 19, 20, 21, 24,
26, 32, 243-4, 267-269, 282-284, 420-
obituary, 24; Amos, 244; Eben-
ezer, 21, 64, 267, 298; Elias, 467,
486; Elijah, 41, 306, 310; Israel,
87; Samuel, 334; Zachariah, 12.
Cutler, Benoni, 73, 192; Thomas, 28.
Daggett, Joseph, 97.
Dakins, Preserved, 221.
Daniels, Nathan, 221, 369, 466, 480.
Darlington, Dr. William, 386.
Dartmouth College and Moore's
Charity School, 70, 72, 77, 85, 87-
89, 106-108, 168, 180.
Davidson, James, 319.
Davis, Benjamin, 70, 222; E., 112;
John, 494.
Davison, Dan, 372.
Day, Doct. Elkanah, 7, 150, 237;
Luke, 131, 375-377, 380.
Dayton, Caleb, 170.
Deal, Bastian, 5.
Deane, Perez, 189.
Danville, 388.
Debenture of Council, 165, 181, 183,
202, 204, 229.
Declaration of the attachment of
Vermont to the country, in 1783,
16, 20, 269-271.
Deerfield river, 217.
Defamation of magistrates, act to
punish, 139.
Delano, Capt., 18.
Delaware, 245-247, 250, 338, 414.
Deming, Penuel, 87.
Depreciation of continental curren-
cy, 122.
Dewey, Capt. Elijah, 43, 106, 118-19,
122-127, 134-5", 146-149, 151, 154,
166, 168, 171, 173-4, 362, 364, 370-
71, 376; Paul, 505.
DeWitt, Hon. Simeon, of N. Y.,
321, 324, 448-9, 451-453, 459-60,
462.
Dickenson, Elias, 122.
Dimmick, Abel, 494-5; Daniel, 495.
Dorchester, Lord, — see Carleton,
Sir Guy.
Douglass, Martha, 79; William, 79,
180.
Drunkenness, penalties for, 120.
Drury, Ebenezer, 244, 267, 343, 369.
Duane, Hon. James, of N. Y., 245-
247, 315-317, 319-321, 323, 462.
Dudley, John, 287.
Duer, Hon. William, of N. Y., 448.
Duncan, George, 180; Jason, 466,
480.
Dunham, Gideon, 379-80.
Dunklee, Jonathan, 333.
Durkee, Heman, 467, 481.
Dutchman's Point. 48, 395-6.
Dutton, Salmon, 191.
Duycking, Gerard, 448.
Dyer, Hon. Eliphalet, of Conn.,
245, 262.
Eager, George, 16.
Earl, Newhall, 333.
East Bay, 419, 459.
Easton, John, 225.
Eden, Mr., 15.
Edgerton, Asa, 350; Capt. Daniel,
79; Simeon, 244.
Edson, Josiah, 467, 480.
Edwards, Rev. Dr. Jonathan, 156;
Hon. Pierrepont, of Conn., 444;
Pierpoint, [probably Pierrepont,]
154.
Elderkin, Jedediah, 135.
Elderkin & Wales, 507.
Election day ceremonies, 3, 23, 52,
65, 105, 167, 179, 185, 207. 211-12.
Election sermon, preachers of, 3, 23,
52, 78, 105, 146, 162, 167. 185, 207.
Elkins, Jonathan, 150.
Elmer, Hon. Jona., of N. J., 248.
Ellery, Hon. William, of R. I., 321,
326, 338.
Elliot, Eliza, 89; and Elizabeth, 111,
113; Joseph, 334; Samuel, jr., of
Boston, 89.
Ellison, Thomas, 448.
Ellsworth, Hon. Oliver, of Conn.,
278, 486.
Ely, Samuel. 261, 312.
Embargo, 181-183.
Emerson, Enoch, 467, 481.
Emmons, Hon. Benjamin, 1, 3, 10,
23-4, 39, 41. 50, 52-3, 56, 66-68, 70,
71, 73, 76, 78, 80, 87, 98-9, 101, 105
-6, 111, 118, 122 124, 138, 147, 149,
154, 347, 362, 372, 466, 472-3, 478,
480. — Bemarks of, on the Federal
Constitution, 472, 478.
England, 385-6, 388, 408-9, 411, 417,
421, 508.
Enos, Gen. Roger, 6, 16, 51, 65, 129,
130, 243, 266-7, 307, 350.— Newly
General Index. — E, F, G.
523
discovered evidence on his con-
duct in Arnold's expedition to
Quebec in 1775, 505-6.
Erwin, Capt. 212.
Evans, Maj. Henry, 234, 239-242,
246, 249, 252-254, 260, 266, 303-4,
306, 334 —Affidavit of, 242.
Everest, Zadock, 80, 91, 97-8, 190.
Farmer, an American, letters from
referred to, 385, 389.
Farmers' Library, [ newspaper
printed at Fairhaven.] 27.
Farnsworth, Gen. Joseph, 42, 46,
107, 304-5, 307-8.
Farrand, Daniel, 467, 472, 477, 481.
Fasset, Amos, 79. 91, 97; Ben|., 56.
Fasset, Hon. John, jr., 1, 3,' 4. 11,
13, 14, 23-25. 27-8, 31-33, 35, 38,
42-3, 50, 52-3, 55-57, 75-6, 78-9, 81,
83-4, 90, 101, 110, 117-18, 121-128,
130-132, 134, 145, 149, 151, 154, 156,
160-163, 165-173, 175-177, 181-185,
188-202, 205, 207, 218-226, 229, 376
-7, 381, 467, 480, 504, 510, 513.
Fasset, Jonathan, of Arlington, 244;
Jona., of Pittsford, 229, 368-372.
Fav, Benjamin, 141; David, 47,215;
jedediah, 88-
Fay, Dr. Jonas, 1.3,4.8, 10,11,13-15,
17, 19, 23, 24, 32-3, 35, 37. 42, 50,
52-3. 63, 70-72, 213, 243, 256, 269-
70, 328, 343, 346, 398-9, 420, 497,
499.— Letter of, to Joseph Fay,
Oct. 16, 1784. 54, 510.
Fay, Maj. Joseph, 1, 4, 15, 23, 25, 47,
50, 53, 63, 100, 101, 105, 111-113,
116-118, 120-126, 128, 130, 132. 134-
136, 138-146, 148-156, 159-163, 166-
173, 175-186, 188-216, 218-226, 229,
266, 376-7, 398-9, 419, 434, 504.—
Letter of to William Brush, 128.
Fay, Nathan, 49, 311; widow Sarah,
141; Stephen, 44, 497.
Fellows, John, 505.
Ferrel, Simeon, 28, 334.
Ferris, Peter, 372.
Finney, Nathan, 350.
Fish, Hon. Hamilton, 514; Nathan,
233.
Fisk, Nathan, 180; Nathaniel, 111;
Sylvanus, 306.
Fitch, William, 110, 225.
Fletcher, Asaph, 191, 466, 480.
Fletcher, Gen. Samuel, 1, 3, 5, 6, 8,
10, 13, 16, 17, 19, 23-25, 27, 32, 36
-7,39, 46, 50, 52-3, 55-6, 67-8, 70-72,
74, 76, 78, 80, 85, 89, 91-93, 95, 101,
105-109, 111, 113, 117-18, 120-21,
123-132, 134-136, 138-140, 145-6,
166-173, 175-6, 181, 184-186, 188-
193, 196-202, 228, 244, 267, 298,302,
305, 309, 311-12. 314, 333, 377.
Floyd, Hon. William, of N. Y., 251.
— Letters of: to Gov. Clinton, in
1782-3, 251, 289.
Flynn, Michael, 71, 350, 466, 480.
Folsom, Gen. Nathaniel, 420.
Foot, Elijah, 138; George, 15; Stil-
man, 195, 224, 227.
Ford, Jacob, of N. Y., 316-17, 319.
Forgason, John, 467, 480.
Form of impeachment, 69; of pass-
ing laws, act on, 35.
Fort, at Bethel, 284 ; Crown Point,
239, 284-5, 320, 493, 502; Niagara,
and Oswego, 325; Miller,' 285;
Schuyler, 320 ; Ticonderoga, 54,
320, 418-19, 434, 498, 502 ; Ven-
geance, 284.
Fosburgh, [or Forsbury,] Peter, 5.
Foster, Rev. Dan, 185 ; Ephraim,
150; Joseph, 67, 88. 111.
Four Brothers, 457, 459.
Fox, Charles James, of England,
416.
France, 77, 277, 385, 388, 390, 391,
415, 419.
Franklin, [now Tennessee,] 337.
Franklin, Dr. Benjamin, 398, 493;
John, 448.
Freeholders, right of suffrage to,
134.
Freeman, Mrs. 492 ; Moody, 244;
Phinehas. 119, 147, 149, 151, 153-4,
171, 190, 275, 371, 375, 510-11.
French, Jeremiah, 55; Thomas, 10.
Frink, Doct. Thomas, 69, 274.
Gain, Hugh, 448.
Gallup, Oliver, 210, 466, 480; Will-
iam, 350.
Galusha, Capt., 378; Elijah, 134;
Jacob, 15, 134; Gov. Jonas, 47,
117-118, 120-121, 123-126, 128, 130,
132, 134-136, 138-142, 379, 417.
Gambling, penalties for, 120.
Gansevoort, Gen. Peter, jr., 419-20.
Gardner, Hon. Joseph, of Pa., 338:
Benjamin, 350, 371.
Gates, Elijah, 55, 350; Samuel, 467,
481.
Geer, Abel, 82.
524
General Index. — Gr, H.
Gervais, Hon. John Lewis, of S. C,
245.
Gerry, Hon. Elbridge, of Mass., 293,
324 338.
Gilbert, Daniel, 244, 467, 480.
Gilchrist, James, 26.
Gilkey, William, 350.
Gilman, Marcus D., 514; Hon. John
Taylor, of N. H., 245, 250, 273, 288,
— letters of: to Prest. Weare, in
1782-3, 287-8.
Gilmore, 362.
Gilson, Capt. Micah, 74 ; Michael,
233.
Glover, Gen. John, 180.
Goff, David, 4, 15.
Goodenough, Artemas, 334; David,
311; Ithamar, 333.
Goodrich, Silas, 119, 121-2, 132, 135,
370-71, 375; Maj. William,' 107.
110, 124, 126, 135, 152.
Goodwin, Jonathan, 68 ; Capt. W.
F., 281.
Gordon, Alexander, 58, 91, 97.
Gorham, Hon. Nathaniel, of Mass.,
273 276
Gould, Doct. William, 44.
Gove, Nathaniel, 229.
Governor, election of, in Grand
Committee, 186; compensation of,
see Compensation.
Governor and Council, record of,
Oct. 1782 to Oct. 1783, 1-22; 1783
-4, 23-49; 1784-5, 50-75; 1785-6,
76-100 ; 1786-7, 101-144 ; 1787-8,
145-165; 1788-9, 166-183; 1789-90,
184-204 ; 1790 to Jan. 27, 1791,
205-229. — Remonstrance of, to
Congress, Jan. 10, 1783, 254-262.
Graham, Andrew, 72, 74, 91, 401;
Elizabeth, 448 ; John A., 416 ;
• Mr., 494.
Grant, Capt. John, 169.
Gray, Capt., 167; John, 123, 171.
Great Britain, 399, 400, 402-3, 407,
412, 417, 426, 435-6.
Greece, ancient, 470.
Gregg, Thomas, 448.
Green, Doct. Barius, 210; Beriah,
61, 372.
Greene, Doct. Benjamin, 466-7, 477,
480 — remarks of on the Federal
Constitution, 477; Col. Christo-
pher, of R. I., 505-6.
Griffin, Col., 420; John, 109.
Griswold, Andrew, 181.
Groom, Francis, 448.
Grout, Jonathan, 155; Hilkiah, 233.
Grow, Samuel, 64.
Guild, 38.
Haight, William, 188.
Hallett, Joseph, 448.
Haldimand, Gen. Frederick, nego-
tiations with Vermont, &c, re-
ferred to, 2, 6, 49. 53, 102, 294, 329
-30, 396, 407-8, 411, 423, 434, 507.
Hale, James, 350.
Hall, Benjamin H., 245, 311, 366;
Gov. Hiiand, 103-4, 240, 245, 276,
317-18. 375, 451, 514; Hiiand. of
Cornwall, 71. 91, 97, 116, 119, 121
-2, 124, 128, 362, 372; Lot, 23, 189,
196.
Hamilton. Hon. Alexander, of N. Y.,
247, 249, 251-2, 262, 278-9, 289-291,
319-20, 422-424, 438-9, 441-443, 445
-447, 4Q0.— Letters of: to Gov.
Clinton, in 1782-3, 251, 288, 290
-91, 319; to Nathaniel Chipman,
in 1788, 442, 445.-- Speeches of: in
favor of Vermont, in 1787,423; in
reply to Richard Harrison, 430.
Hamilton, Alexander I., 448; Joel,
181-183; John C, 278, 289, 422-3;
Col. Henry, Lieut. Gov. of the
Province of Quebec, 398; Silas,
91, 244.
Hammond, Thomas, 466, 480.
Hampshire county, Mass., 261, 304,
333, 377.
Hanchett. Capt. Oliver, of Conn.,
505.
Hancock, Gov. John, 53, 146, 311-
314,330, 378-9.— Proclamation of
in 1784, on insurrection in Wind-
ham countv, 313.
Hand, Gen. Edward, of Pa., 324.
Hannah, Hugh, 504.
Hard, Abraham, and Stephen, 74.
Hardy, Hon. Samuel, of Va., 321,
326, 338.
Harmon, Capt., 167 ; Reuben, jr.,
70, 73, 94, 111-12, 308, 383.
Harrington, W. C, 467, 480.
Harris, Edward, 24, 308, 381.
Harrison, Hon. Richard, of N. Y.,
423, 424, 429-30, 444, — speech of
against Vermont, in 1787, 424;
Harrison, Samuel, 466, 480, 508;
Gen. Thomas, of England, 508.
Harvard College. 76.
Harvey, Alexander, 148, 150, 155,
162, 170-71, 180, 362, 372, 467, 481.
General Index. — H, I.
525
Harwood, Eleazer, 350; John, 119,
130, 147.
Haswell, Anthony, 27, 45, 392.
Hasvvell & Russell, 9, 27, 45, 143-4,
160, 331.
Hatch, Joseph, 210.
Hathaway, Silas, 223,407,481; Sim-
eon, 497.
Hawkins, Hon. Benjamin, of N. C,
486; John, 58, 87, 349-50.
Hawley, Abel, jr., 133; Capt. Eli-
sha, 185; Jehiel, 132.
Hay, John, of Canada, 396.
Hays, Rutherford, 303.
Hazeltine, Col. John, 494.
Hazen, Joshua, 148, 170, 244, 283,
350; Rev. H. A., 499, 500, 514;
Gen. Moses, 63, 65.
Heads of classes, 5.
Heald, Daniel, 198, 350, 372, 466.
481; David, 170, 172.
Heath, Solomon, 283.
Hemsley, Hon. William, of Md. , 245.
Hendee, Caleb, 55.
Henry, Benjamin, 29, 75, 466, 480.
Henshaw, Benjamin, 108.
Herrick, Col. Samuel, 419.
Hibberd, Timothy, 209.
Hickey, W., 337.
Hickok, Justus, 121.
Hickox, John H., 383.
Hicock, Asa, 244; David, 372.
Hicks, Charlotte, 448.
Higley, Brewster, 85, 124 [printed
Higby,] 371, 513.
Hill, Abner, 49; Daniel, 112; John, 5.
Hindman, Hon. Win, of Md., 338.
Hinds, David, 139.
Hinman, Timothy, 228.
Hitchcock, Lyman, 43; Capt., 167;
Hon. Samuel, 186-188, 191-2, 217,
219, 223, 464, 467, 476, 481.
Hobart, Hon. John Sloss, of N. Y.,
454.
Hodges, Nathan, 343.
Hoisington, Isaac, 20; Col. Joab,
18; J., 18.
Holbrook, 132, 154; Samuel, 492-3.
Holcomb, Benjamin, 467, 480.
Holmes, Ozemas, 69.
Holt, Benjamin, 55, 170.
Holton, Jonathan, 172.
Homes, Henry A., 514.
Hooker, Capt., 207.
Hoosick river, 124.
Hopkins, Frederick, 89; Dr. Lem-
uel, 390; Mindwell, 56; Nehe-
miah, 122, 213; Nehemiah, jr.,
368, 370 ; Doct. Roswell, 17, 23,
46, 68-9, 82, 120, 161, 169, 180, 182.
186, 188, 203, 216, 219, 224, 269-70,
276, 449, 467, 481-2, 512; Maj.
Wait, 56.
Hopkinson, David, 467, 480.
Horton, Gideon, 71, 369.
Hosford, Joseph, 68.
Hough, George, 26, 151, 161.
Hough & Spooner, 26-7, 30, 39, 85,
114, 142, 144, 150-51, 153, 160-61.
Houghton, Edward, and Lucretia,
86; John, 303; William, 266.
House of Representatives, Ver-
mont, extracts from the journals
of, 3, 5, 6, 7, 9, 20, 23-4, 26-29, 40,
44, 51-2, 64-5, 82, 105, 110, 115, 130,
146, 148, 156-7, 178, 186-7, 189-90,
197, 201-2, 210, 217, 219, 242-44.266,
272, 297-299, 301, 307-312, 330, 332,
334, 347, 349-50, 362, 370-373, 375-
377, 384-5. 395-98, 400, 447, 449,
460-61, 464.
Howard. Jonathan, 275.
Howe, Lieut. 494; Samuel, 350.
Howell, Hon. David, of R. I., 245-
7, 249-50, 307.
Hubbard, Ephraim, 274; George.
37; Joseph, 170, 372; Watts, 86. '
Hudson, Aaron, 372.
Hudson river, 239, 256, 260, 327-8,
413, 422.
Hunt, Gen. Arad, 12, 102, 192, 210,
228, 244, 384; Lieut. Gov. Jona-
than, of Vernon, 12, 32, 64, 101,
105, 117-121, 123-128, 130-141, 145
-154, 156, 159-163, 165-167, 170-173,
175-6, 178, 181, 184-186, 188-205,
207, 218-226, 229, 234, 237. 303, 375,
377, 466, 480, 510-11— notes on,
101, 110-11; Hon. Jona., of Brat-
tleborough, 102 ; Samuel, 197 ;
Gov. Washington, of N. Y., 103.
Huntington, Hon. Benja., of Conn.,
245.
Hurd, Elisha, 123; Hester, and Si-
lence, 502.
Hurl but, Desire, 502.
Hutchinson, Gov. Thomas, of Mass.,
490-492.
Hyde, Adit., of Mass., 506; David,
115 ; Eliphalet, 91 ; Mary, and
Timothy, 86.
Ide, Ichabod, 200.
Impeachments, 37, 62, 68-9, 71-73,
526
General Index. — I, J, K, L.
75, 81-84, 89, 92-3, 95, 112.— Form
of, 69.
Indians, Muhheakunnuck, [Stock-
bridge,] 180, 200; Oneida, 385.
Inimical persons excluded from the
State, 29.
Instructions to Committee of Trust
on land east of Corinth, 97, 100;
to New Jeisey Delegates in Con-
gress, 248; to X. Y. Delegates in
Congress, 316-17, 320; to Vermont
Agents at Congress, 174, 219, 293,
447.
Insurrection in Rutland county, 122,
142, 159, 177, 361-373, 514; in
Windham county, 17-19, 32, 46,
85, 124, 244, 267, 297-8, 302-315; in
Windsor county, 139, 160; Shays's,
119, 125-128, 131, 146, 357-380.
Intercourse, commercial, action and
negotiation:
Intercourse.
Invasion of Canada in 1775, [Ar-
nold's,] extracts from Thayer's
journal, and Stone's introduction,
505-6.
Ireland, 413.
Iroquois river, [alias Sorel, and
Richelieu,] 412.
Isle Aux Noix, 419.
Izard, Hon. Ralph, of S. C, 245.
Jackson, Abraham, 135 ; Asahel,
466, 481.
Jacob, Hon. Stephen, 64, 71, 161, 167,
169, 174, 191, 366, 450-451, 489.
Jay, Hon. John, of X. Y., 225, 291,
294, 400, 402, 421, 439, 443, 447-8,
513. — Memorials of, and others, to
N. Y. Legislature, 421, 447.
Jefferson, President Thomas, to M.
de Meusnier, in 17£6, 340 ; to
Gov. Chittenden, 1791, 487.
Jenks, Thomas, 139.
Jenner, Doct. Edward, 129.
Jessup, Maj. Edward, 408.
Jewet, Daniel, 372, 466, 480.
Jewett, Thomas, 122-3, 147, 188, 466,
480.
Johnson, Capt., 207; John, of N.Y.,
448; Lieut. Moses, 196; Samuel,
151 ; Col. Thomas, 106, 111, 149,
153, 155, 167, 171, 191-2, 284-286,
364— letters of to Gen. Washing-
ton, in 1782, 285; Hon. William
Samuel, 156-7, 422, 443-4— letters
of, to Gov. Chittenden, 421, 444.
Johnston, Colonels Charles and
Robert, 507.
Jones, Hon. Joseph, of Va., 262—
letter of to Gen. Washington, 234;
Doct. Reuben, 343-4, 449 ; Sam-
uel, 460; Samuel W., 462.
Judah, Benjamin, 448.
Judevine, Joseph, 448.
Judges of Rutland Co. court, an-
swer to the insurrectionists, 367;
assistant, of Sup. court, rank of,
269-70.— See Court.
Judiciary independent of the legis-
lature, 227.
Kathan, Alexander, 244; Daniel,233.
Kean, Hon. John, of S. C, [printed
McKean,] 388.
Kelly, John, 118, 133, 137-8, 180,
203-4, 225, 228, 400-01, 421, 443-
445, 448. 513.— Letter of to Gov.
Chittenden, in 1788, 443.
Kemble, Peter, 448, 513.
Kempe, John Tabor, 292.
Kent, Jacob, 283.
Kentucky, 337, 439-40, 442, 445, 482,
486.
Keyes, Col, 167, 179; Stephen, 489.
Kimball, Joseph, 80, 168, 171, 173.
King Charles the second, 435 ;
George the second, 497; George
the third, 274, 398; Louis the six-
teenth, 388; Richard the first, 103.
King, Hon. Rufus, of N. Y., 448-9,
451, 486.
Kingsbury, Dan'l, 467; Stephen, 179.
Kittredge, Jonathan, 274.
Knapp, Ebenezer, 333.
Knickerbacor, John, 99, 143, 188.
Knight, Lieut, Elijah, 43, 306, 311,
314; Joel, 306; Samuel, 42-3. 51,
62, 67, 72, 79, 81, 83, 85-6, 146, 151,
180, 185. 187, 190-91, 213, 303, 309,
333,346-7,349-50,398.
Knoulton, Calvin, 466, 480 ; Hon.
Luke, 22, 58, 61, 70, 72, 81, 83, 85,
87, 91, 96, 105-6, 108, 151. 154, 157,
167, 171, 175, 180, 184-5, 189, 191-2,
194-205, 207, 209-10, 212-216, 218-
220, 222-226, 229, 247, 302, 306-7,
333, 347, 349, 351, 362, 366, 372, 384.
Knox, Maj. Gen. Henry, 320, 325.
Lake George, 419; Champlain, see
Champlain, lake ; Memphrema-
gog, 135, 174; Shalloon, [supposed
Schroon,] 318.
General Index. — L, M.
527
Lamb, David, 89, 239-40, 266, 513.
—Affidavit of, 240.
Lammon, William, 113, 192.
Land, conflicting titles to, and re-
lief measures, 341-356; titles, tri-
als of prohibited, 341, and prohi-
bition removed, 345.
Land Commissioners — see Commis-
sioners, Land.
Landon, Samuel, 448.
Lane, Jedediah, 372; Samuel, 118-
19,123,372,375.
Langdon, Hon. John, of N. H., 486.
Lansing, Hon. John, jr., of N. Y.,
448-9, 451, 453, 459-60, 462.
Lathrop, Rev. Dr. Joseph. 77; Sam-
uel, 466, 480.
Law, Hon. Richard, of Conn., 245,
256.
Lawrence, Bigelow, 267; John, 448;
Mary, 193; Lieut. Nathaniel, 47;
Stephen, 43, 91, 97, 193.
Laws, form of passing, 35.
Leach, Elisha, 115.
Leake, John, 448.
Leavens, Charles, 55.
Leavenworth, Jesse, 98, 111, 113-14,
159, 162, 188-9, 503-4; Mark, 150.
Lee, Hon. Arthur, of Va., 273, 276,
278; David, jr., 21; Col. Noah, 55,
71, 217, 350, 368, 466, 480; Col.
Thomas, 367-8; William, 274.
Legislature as a court of equity, 40,
57, 59, 85-S7, 92.
Leight, Mrs., 448.
Leonard, Jacob, 448; Nathan, 40.
Letter from a citizen of New York,
urging Vermont to settle the con-
troversy, 465; from Halifax, 399.
Lewis, James, 11 ; Peter, 222.
L'Hommedieu, Hon. Ezra, of N. Y.,
245, 247.
License law of 1787, 141.
Lincoln, Gen. Benjamin, 125, 375-6,
419.
Lindsay, John, 448.
Lindsey, Jacob, 111.
Little, Moses, 153.
Livermore, Hon. Samuel, of N. H.,
245, 256.
Livingston, Hon. Brockholst, of N.
Y., to Micah Townshend, 331 ;
Mrs. Margaret, 448; Hon. Robert
R., of N. Y., 448-9, 451, 453-4.
Lobdell, Darius, 350.
Lock, Josiah, 244.
Locke, John, 428.
Lloyd, Thomas P., 372.
Long, Hon. Pierse, of N. H., 338.
Long Island, 433.
Lovell, Elijah, 466, 480; John, 22;
Nehemiah.26,244, 267, 298; Tim-
othy, 171; Oliver, 22, 266-7, 272,
275, 350— affidavit of, 275.
Loomis, Cobb ys.,134; Hon. Beriah,
24, 67, 87, 91, 147-149, 168, 171, 192,
267, 309, 349-351, 467, 476, 478, 481
— remarks of, on the Federal Con-
stitution, 476, 478.
Lossing's Field Book of the Revo-
lution, 505.
Lotteries, 27, 80, 121, 124, 169, 173,
191, 198, 217.
Lull, Capt., 366.
Lutterloh, Col. Henry E., 180.
Lvman, Geo., 514; Rev. Gershom
C, 3 ; Isaac, 466, 480 ; Joel, and
Joel, jr., 213; Phinehas, 58.
Lynde, Hon. Cornelius, 108, 147-149,
467.
Lyon, Hon. Matthew, 6, 27, 35, 40,
51, 81-84, 92-3, 169-70, 182, 219,
243-4, 266-268, 308-9, 311-12, 332,
343-4, 346-7, 372-3, 381, 397, 409,
415, 503.
McAdam, Ann, 448.
McClallan, Hugh, 308.
McCobb, Capt., of Georgetown, D.
C, 506.
McConnell, Jonathan, 467, 480.
McCormick, Daniel, 448.
McKeen, Hon. Thomas, of Del. ,245,
247, 249-50.
McKeen, Rev. Dr. Silas, 507-8, 514.
McKenzie, Ned, 448.
McKesson, John, 513.
McNeile, John, 166, 171, 467, 480.
Madison, President James, of Va.,
245-247, 249-251, 262, 278, 438.—
Extracts from his writings, 246-9,
262, 438.
Maine, 337.
Maltbee, Jona., 79.
Manley, Nathan, 372.
Mather, Wm., 495.
Marsh, Amos. 225; Hon. Charles,
170; Daniel, 75, 91, 149, 160, 347,
350-51,371,394; Elisha, 372; Col.
Isaac, 200; James, 13; Col. Joel. 21,
83,91,94,122,171; John, 466, 480;
Lieut. Gov.' Joseph, 64. 101, 120-
21, 123-128, 130-132, 134-6, 145-6,
149-155, 166-7, 184-5, 187-8, 191-
528
General Index. — M, N.
194, 198, 200, 202, 205, 283, 377, 501
— address of to the freemen of
Vermont, 205; Col. William, 4,
55, 63, 66.
Martin, James, 37.
Marvin, Benjamin, 227, 396; Hon.
Ebenezer, 64, 98, 106, 116, 119, 121,
123, 125-6, 133, 147-8, 150, 153,
157, 166, 168, 170, 174, 186, 189-191,
222, 298, 367, 371, 377, 385, 461, 510;
Elihu, 135.
Maryland, 245, 246-7, 250, 273, 276,
338 414.
Mason, John, of N. Y., 448.
Massachusetts, 118, 146, 245-6, 250,
273, 276, 279, 294, 304-306, 311-
14, 327-8, 337-8, 340, 359, 375, 377-
9, 439, 490-496, 504.— Aid to, by
Vermont, in Shay's rebellion, 375-
380.
Massachusetts Spy, 382.
Matterson. [Mattison,] Thomas, 15;
Susannah, 214, 216.
Mattocks, Gov. John, and William.
78; Hon. Samuel, 21, 24. 40, 5<
56-58, 61, 70, 76, 78-9, 98,101,
105-6, 110, 115, 117, 129, 144, 146,
158, 167, 170, 180, 185, 196, 202,
207, 217, 221, 223, 229, 244, 267, 346,
350, 367, 504.
Mead, Col. James, and Silas, 369.
Melendy, Samuel, 333.
Mellen, Richard, 494.
Memorial of Newbury and adjacent
towns for annexation to New
Hampshire, 282.
Mercer, Hon. John Francis, of Va.,
276, 278, 324.
Merriman, Abel, 244, 371.
Merritt, Michael, 63; Nathaniel N.,
494.
Messer, Samuel, 95.
Meusnier, M. de, 340.
Michigan, 103.
Michilimackinac, 400.
Military matters, 6, 7, 16, 20, 21, 25,
32, 37-8, 44, 46, 57, 130, 169, 173-4,
193, 209, 216, 228-9. 267-8, 308, 312.
Miller, Isaac, 495 ; Isaac, jr., 107 ;
Samuel, 467, 480 ; Thomas, 132 ;
William, 107.
Mirick, John, 73.
Missisquoi bay. 260, 327.
Mitchell, Mr., 443.
Mohawk river, 239.
Monroe, Prest. James, 325-6, 486.
Montgomery, Hon. John, of Pa., 245.
Moore, Raymond vs., 194 ; Henry
95-97, 99, 100, 192, 194; Samuel, 99,
163.
Moore's Charity School, see Dart-
mouth College.
Morey, Gen. Israel, 130, 167, 185,
187, 189-90, 193, 501.
Morrill, Abraham, 467, 481.
Morris, Hon. Gouverneur, of N. Y.,
291-295, 315— letters of, to Gov.
Clinton, 291 — to John Jay and
Gov. Clinton, 294— extracts from
Life and Writings of, 292-294 ;
Hon. Lewis R., 222, 227, 334, 441,
461, 487, 489— letter of to Gov.'
Chittenden, 487; Hon. Robert, of
Pa., 292.
Morrison, Robert, 366.
Morse, Anthony, 350.
Moseley, Abishai, Col. Increase,
John, Prince, and Triphena, 273;
Hon. Increase, 20. 64, 244, 272-3,
275, 367— note on, 272.
Mott, John, 371.
Moulton, Reuben, 244.
Mount Defiance, 419 ; Indepen-
dence, 85, 419.
Muhlenburgh, Hon. Fredk. A., of
Pa., 488-9.
Mulligan, Hercules, 448.
Munson, Loveland, 514; Thaddeus,
179.
Murdock, Hon. Thomas, 21, 45, 50,
52, 54, 65-68, 70-72, 76, 78-9, 85, 89,
98-9, 101, 105, 107-109, 117-18, 120-
128, 130-136, 138-9, 145-6, 149-155,
160, 166-7, 169-173, 175-177, 181,
184-5, 192, 244, 267-8, 309-10, 362.
Mure, Capt., 396.
Murray, Ebenezer, 244.
Name " Vermont," 504.
Nash, Hon. Abner, of N. C, 245.
Naturalization acts of Vermont, 384
-5, 391,
Neat, William, 448.
Negotiations on commercial inter-
course between Vermont and for-
eign countries, 395-420.
Netherlands, 432, 470.
Nevin, Daniel, 448.
Newell, Jesse, 32.
New Jersey, 245-251, 266, 324, 414.
— Instructions or, as to Vermont,
248.
New Hampshire, 245-247, 250, 273,
280, 286-7, 294. 325-327, 340, 393,
General Index. — N, 0, P.
529
414, 499-501, 504.— Kesolutions of,
for partition of Vermont, 286-7.
New Hampshire Gazette, 382.
New Hampshire Grants, defence of
the right of to independence, no-
ticed, 500.
Newspaper and State printing,
Vermont, 4, 9, 20, 26-7, 153, 209,
212.
Newton, Mary, 273; Jonas, 86.
New York, 6, 245-248, 250-51, 262,
277, 280, 286-7, 294, 315, 321, 324-
5, 328, 340, 379, 384-5, 414, 439,
497; acts of, appointing commis-
sioners to settle the controversy
with Vermont, 448, 453 ; applica-
tion of, to Congress, for troops, 277,
320, 322, 325; letter of commis-
sioners of, to Gov. Chittenden,
449; correspondence of commis-
sioners of New York and Ver-
mont, 451, 458; act of N. Y. com-
missioners, 459; settlement of the
controversy between New York
and Vermont, 192-194, 212, 217,
422-463.
New York Daily Advertiser, 430;
Gazette, 387; Herald, 291.
Nichols, George, 28.
Niles, John, 350; Hon. Nathaniel,
57, 62, 71, 76-81, 83-88, 90, 92, 97,
100, 101, 105-6, 145-147, 150-51,
184, 192, 205, 207, 218-220, 222-227,
229, 334, 347, 349-50, 366, 467, 472,
479, 481— remarks of on Federal
Constitution, 479 — notice of, 76;
Nathaniel, jr., Rev. Samuel, Wat-
son, and William, 77.
Nixon, Charles, and Elias, 448.
Noble, Eev. Obadiah, 64, 367.
Normandy, 385.
North Carolina, 245-6, 250, 324, 337.
Norton, John, 7, 75, 244.
Norwood, Richard, 448.
Nova Scotia, 435.
Noyce, John, and Ormas, 66.
Nutting, Joshua, [or John,] 70, 350.
—Note, 350.
Obituary notices : of Hon. Joseph
Bowker, 54; and Hon. Abfcl Cur-
tis, 24.
Olcott, 22; Elias, 244; Lieut. Gov.
Peter, 1, 3, 4, 16-18, 23-26, 32, 38,
40-42, 50, 52-3, 55, 57, 66-68, 70-72,
76, 78-9, 81, 83-85, 87, 98-9, 101,
105, 107, 111, 117-121, 123-128, 130
38
' -132, 134-136, 138-141, 145-6, 148-
156, 160, 166-173, 175, 181, 184-186,
188-195, 202, 205-210, 212-215, 218-
226, 229, 267, 269, 298, 332, 375,
377, 501.
Olds, Benjamin, 66, 350.
Olin, Hon. Gideon, 70, 79, 81, 83,
85-6, 89, 105, 126, 167, 174, 180, 187,
190-91, 203, 208, 219, 308, 347, 350-
351, 364, 371, 378, 441, 466, 480,
512 — letters of to Gov. Chitten-
den, in 1789, 187— and to Gov.
Robinson, in 1790, 208; Stephen,
177.
Olive Branch, 411, 414-418,
Onion river, 4, 118, 285-6, 380, 387-8,
394,505.
Onion river Land Company, 502.
Oracles of Reason, [Ethan Allen's,]
390.
Orange county, 20, 21, 40, 41, 62, 64,
112, 114, 214-15, 226, 229, 371, 480.
Ordinances : of the Governor and
Council of the Province of Que-
bec, on trade through Lake Cham-
plain, 403, 405-407; of the Gover-
nor and Council of Vermont, for
an embargo, in 1789, 182.
Orleans countv, 50.
Ormsby, Maj. Gideon, 34, 70, 71, 85,
148-9, 189,' 244, 268, 298, 308, 310,
350-51.
Osgood, Abner. 73 ; Hon. Samuel,
of Mass., 278; Samuel, of N. Y.,
448.
Otter creek, 113, 124, 369, 387-8.
Packer, [or Packard,] Squire, 305.
Page, Doct. William, 420.
Paine, Hon. Elijah, of Williams-
town, 83, 98, 108, 110-11, 147, 149-
151, 154, 157, 171-174, 185-6, 189,
191-2, 199, 219, 223, 229, 334, 415,
450-51, 461; Hon. Ephraim, of
N. Y., 321.
Painter, Hon. Gamaliel, 58, 91, 97,
106, 146-7, 150, 153, 162, 168, 185,
189-191, 372.
Palmer, Daniel, 466, 480.
Pannel, John, 233.
Pardons, acts authorizing Governor
and Council to grant, ±9, 270.
Parker, Elijah, 15; William, 46.
Parkhurst/Maj. Calvin, 122, 125,
129, 177, 185', 189-191, 244, 268,
371-2.
Parmalee, Alexander, 19; Capt., 94.
530
General Index. — P, Q.
Parsons, Eli, 376-7, 380.
Partition of Vermont, proposed,
280-291.
Partridge, Hon. George, of Mass.,
321, 324, 326.
Pasquinades, 358, 450.
Patterson, Ebenezer, 5 ; Eleazer,
233; Gen. John, 180.
Paymaster General, 159.
Payne, Lieut. Gov. Elisha, of Leb-
anon, N. H., 99, 344, 420, 501.
Peabody, Amos, 91.
Pearl, Col. Stephen, 4, 210, 368-9.
Pearson, T., 287.
Peck, Joseph, 334.
Peirce, Benjamin, 494.
Penalties : of adultery, &c., 127;
counterfeiting, 131, 138 ; drunk-
enness, 120; under the license act
of 1787. 141; riots, 373; treason,
129.
Pennock, Peter, 467, 481; Samuel,
170, 174; William, 44.
Pennsylvania, 245. 248, 250-51, 288,
324, 338, 385, 414, 439.
Perkins, Benjamin, 467, 481.
Perry, William, 347, 349-50, 467, 480.
Peters, Lieut., 506; Rev. Samuel A.
and family, 507; Peters's History
of Connecticut, Vermont defend-
ed in, 508.
Petitions: of grievance in 1786, 109,
120-21; Col. Timo. Church, 276;
sundry citizens of Windham
county in 1784, 303; of town of
Pittsford in 1786, 362; of other
towns referred to, 363.
Phelps, Charles, Esq., of Marlbo-
rough, 29, 30, 39, 40, 59, 132, 231,
233-235, 240, 245-249, 252. 260, 267,
272-3, 275, 279-80, 299, 302-3, 305-6,
309-10, 332-3- papers of, 490-498
— passport to, 30 -note on, 332 ;
Charles, of Hadley, Mass., 310,
333, 492; Hon. James H., 490, 492,
494-5, 497-8 ; Solomon, 496; Col.
Timothy, 22, 132, 239-241, 260, 274,
280, 297, 303-306, 316, 495-6.
Pier, Oliver, 467, 480.
Pierce, Elisha, 234; Elizabeth, 158;
Jonathan, 119-20, 123, 126, 375.
Pitt, William, Earl of Chatham, 416.
Point au Fer, 396.
Policy of Vermont defended, 329.
Pond, Josiah, 210, 467, 481.
Population of Vermont in 1791, 224.
Porter, Rev. Dr. Ebenezer, 2; Eli-
sha, 333; Doct. Ezekiel, 368; Hon.
Thomas, of Tinmouth, 1-5, 13, 23-
26, 32, 39, 41, 45, 50, 52-3, 55-57,
61, 76, 78-9, 84-5, 89, 91-3, 98, 101,
105-7, 109, 111, 131-134, 136, 138-
141, 145-6, 161-163, 165-177, 181-
186, 188-202, 205-210, 212-215, 218-
220, 222-226, 229, 243, 272. 343, 362,
377, 381, 467, 481, 500, 514— notice
of, 1 ; Thomas, of Vershire, 96.
Portland, Duke of, 411, 416-17.
Portrait of Gov. Tichenor, facing
title-page; notes on portrait and
signature, 514.
Post, Roswell, 368.
Postmaster-General of Vermont, 45,
154.
Post-offices and routes established,
34, 45, 141, 199, 392-3.— See Acts.
Potter, Rev. Lyman, 146.
Poultney river, 459.
Powell, Felix, 126; Capt. John, 180;
Martin, 70, 343, 347, 350, 466, 480;
Rowland, 171.
Powers, Asahel, 69; Rev. Grant, 285.
Preachers of Election Sermons. —
See Election Sermons.
Preamble to proposed betterment
act of 1784, 348.
Premiums for killing panthers and
wolves, 126.
Prentiss, Capt. Samuel, of Rutland,
and Hon. Samuel, of Montpelier,
483.
Preston, Colburn, 343.
Price, Rev. Dr. Richard, 388.
Prichard, Capt. 286.
Prince, Abijah, and Lucy, 66.
Prince of Orange, 471.
Princeton, N. J., College, 103.
Probate districts, 121, 169, 214, 217,
219, 221.
Proclamations: of Gov. Chittenden,
for obedience to the laws, 152;
of thanksgiving for providential
aid during the revolution, 300;
against Shays's rebellion, 377. —
Of Lord Dorchester, on trade
through Lake Champlain, 402; of
Gov. Hancock of Mass., for neu-
trality in the insurrection in
Windham county, 313.
Prouty, Elijah, 233, 303, 315; Fran-
cis, 50, 303-4, 306-7, 333-4; John,
69; Richard, 5, 69.
Quakers, 68, 126, 386.
General Index. — Q, R. S.
531
Quebec, 398, 400, 404, 406, 408-10,
413, 418; Province of, 16, 60, 395-6,
397-402, 405, 440, 407— see Ordi-
nances.
Ramsay, Hon. David, of S. C, 250.
Ramsdell, Capt., 207.
Randall, Col. Benj., 119, 198; Jo-
seph, 142, 371.
Raymond vs. Moore, 194.
Read, Hon. Jacob, of S. C, 321, 324,
326.
Reed, Doct, Daniel, 368; Jeremiah,
58.
Remington, David, 46, 63.
Remonstrance of the Governor and
Council to Congress, in 1783, 254
-262.
Remsen, Henry, 448.
Reports: of Ira Allen, on commer-
cial intercourse, 398 ; of Land
Commissioners, 202; of Commis-
sioners on Ira Allen's account,
512; of Committee of Congress in
favor of Vermont, May 1784, 326
— on application of New York for
arms, 324; of committee of N. Y.
Senate, on application to Congress
for troops, 320.
Representatives of Kentucky and
Vermont in Congress, in 1791,
486, 488; in Vermont Assembly,
1786-7, names of, 372.
Resolutions of Congress, adverse to
Vermont, Dec. 1782, 249-50; of
Vt. Assembly in 1786, submitting
various questions to the people,
365; of Vt. Convention of Jan.
1791. 481.
Retaliatory, acts. 31, 58, 140, 301-2,
330.
Rhinelander, Frederick, 448.
Rhode Island, 245-251, 266, 307, 321,
338, 505.
Rice, Barzillai, 59, 109, 150; Eben-
ezer, 45; Samuel, 38.
Rich, John, 372, 467, 480.
Richelieu, (Iroquois, alias Sorel)
river, 405, 412.
Riots, act to punish and prevent,
373.
Ripley, Maj. Gen. Eleazer W., and
Rev. Dr. Sylvanus, 77.
Risley, Benjamin, 91, 97, 160.
Roberts, Giles, 334; James, 171-2,
372; Jeduthun, 71; William, 369.
Robertson, Alexander, 448.
Robinson, Aaron, 228; Asa, 86; Col.
Beverly, 419; Capt., 167; Capt.
David, 142, 166-173, 175-6. 178, 181,
186, 218-220, 222-226, 229; Col.
Elijah, of Weathersfield, 16, 24,
36, 40, 64, 147-149, 151, 153, 242,
244, 266-7, 346; Ichabod, 244, 371;
Rev. John, the Puritan, 508; Jon-
athan, 44; Hon. Jona., of Ben-
ningion, 185-189, 210, 223-4; Lieut.
Jonathan, 141 ; Gov. Moses, of
Bennington. 1, 3-5, 7,13, 14, 16,
18, 19, 23-4, 27, 32-3, 35-6, 38, 42,
46, 50, 52-3,; 55-6, 66-68, 70-72, 74,
76, 78-9, 81, 83-4, 86-88, 93, 105-6,
110, 127, 129, 131, 146, 174, 184,
186, 189-201, 203, 206-7, 212, 224,
226, 243-4, 253, 256, 267-269, 301,
306, 328, 334, 347, 447, 466-7, 482,
497, 510, — lineage of, 508, — speech
o/, on retiring from the executive
chair, 207; Moses, of Rupert, 43,
244; Samuel, senior, 421, 497.
Rochefoucauld, JN". de la, Duke
D'Anville, 388.
Rogers, John, of 1ST. Y., 448; Rev.
John, the martyr, and Mary, 508.
Roman empire, 427, 438.
Rosbrook, Eleazer, 124, 372.
Rose, Ara, 142; Joel, 79; Samuel, 82.
Ross, Artemas, 124.
Rowley, Jonathan, 369 ; Thomas,
244, 268.
Ruback, [or Roback,] Doct. Jacob,
9, 11, 128. •
Rude, [or Rood,] Rufus, 17.
Rugg, John, 133.
Rules of the House, 68, 82.
Russell, Eleazer, 160, 394; Elihu,
143, 160.
Rutland county, 43. 46- 7, 61, 64, 128,
142, 148, 159, 361-2, 370-71, 400,
485. — See Insurrections.
Rutledge, Hon. John, of S. C, 239,
245-6.
Sabin, Noah, 9, 20, 147-155, 244,
266, 308, 346.
Sackett, Richard, 123.
Sadler, Henry, 448.
Safford, Capt. Jesse, 24, 284, 350;
Capt. Joseph, 308; Deacon Jo-
seph, 2; Col. John, 228, 368; Jo-
siah, 168; Gen. Samuel, 1, 2, 5-7,
9, 11, 12, 14, 16, 17, 23-5, 27, 31,
33, 35-40, 45, 48, 50, 52, 70-74, 76,
78, 81, 83-4, 86-7, 92, 101, 105-109,
532
General Index. — S.
115, 117-18, 120-24, 127-8, 130-135,
139-143, 145-154, 156-159, 161, 166-
173, 175-178, 181-2, 184-5, i 87-210,
212-216, 218-226, 229, 243, 267, 307,
309, 370, 377, 397, 510, 512.— No-
tice of, 2.
St. Lawrence river, 405, 411, 413,
417.
St. Leger, Col. Barrey, 102, 434.
Sardinia, 77.
Savage, James, 163, 177, 180; John,
227.
Sawyer, Lieut. James, 368; Capt.
Thomas, 122, 147, 370.
Saxton, Frederick and Solomon, 155.
Schools, management of, in 1787,
137.
Schuyler, Gen. Philip, 291, 317, 324,
441, 502.
Scott, Aaron, 79; Capt., 506; John,
189; Thomas, 402.
Selden, Andrew, 466, 480.
U. S. Senators for Vermont, elec-
tion of, 219, 222-224, 226.
Sergeant, Col. John, 253; Win, 123.
Searle, Isaac, 493; William, 14.
Sears, Simeon, 354.
Seaver, Nathaniel, 41.
Sessions, John, 58, 64, 147-149, 153.
Sevence, Peter, 147.
Shatter, James, 372, 466, 480.
Shattuck, William, 38, 49, 80, 234,
239-242, 246, 249, 252-3, 260-61, 266,
274-5, 302-3, 306, 308, 311, 315, 321.
Shaw, John, 448.
Shaw & Holmes, 69.
' Shays, Daniel, 376-7, 380.
Shays's rebellion, 119, 356-380; his
men driven from Vermont, 378-
380.
Shearman, Daniel, 466, 480.
Sheldon, David, 123, 132, 350,371;
Col. Elisha, 214, 216.
Shepardson, Daniel, 231-233, 252,
307; John, 309.
Sherman, Hon. Roger, of Conn., 293,
295, 321, Sm,— letter of, to Josiah
Bartlett, in 1781, 293; Samuel, 34,
131-2; Mrs. Sarah, 15.
Sherwin, Jacob, 49.
Sherwood, Capt. Justice, 419.
Ship Canal — see Canal, Ship.
Shu m way, John, 26, 89, 118, 147,
149, 185, 192, 308, 466, 481.
Shutts, Andrew, 162.
Sill, Rev. Elijah, 162, 167; Hon.
Richard, of N. Y., 453.
Simmons, Col. Benjamin, 379.
Simonds, John, 244.
Skene, Col. Philip, 418-19.
Skinner, Samuel, 89.
Slade, William, of Cornwall, 467,
481; Hon. William, of Middle-
bury, 337-8.
Slafter, Rev. Edmund F., 383.
Slavery forbidden, 118.
Sleman, Peter, 467, 481.
Sloane, Peter, 108.
Small pox, 31, 42, 129.
Smalley, William, 244.
Smead, William, 87.
Smith, Abidah, 188,308, 372; Asa-
hel, 171-2,371,466,481; Caleb. 91,
97, 138 ; Charles, 170 ; Col., of
Mass., 378; Elihu, 187, 189, 210,
242, 343; Doct. George, of N. Y.,
419 ; Capt. Israel, of Brattlebor-
ough, 149, 155, 170-71, 175: Gov.
Israel, of Rupert and Rutland, 77,
93, 187-8, 190-91, 215, 219, 313, 450,
461, 466, 473, 476, 480, 511; Israel,
of Thetford, 21, 38, 346; John, of
Leicester, 372, 467, 481; Joseph,
343; Hon. Melancton, of N. Y.,
236, 242, 338, 453, £59-60, 462 ;
Nathan, of Bridport, and Maj.
Nathan, of Man Chester and Shore-
ham, 501; Hon. Noah, 133, 140,
148, 178, 185-6, 188-190, 201, 213,
226-7, 324, 487, 489, 513 ,— letter of,
to Gov.- Chittenden, in 1791, 226:
Oliver, 43, 371 ; Phinehas, 494 ;
Reuben, 157; Samuel, 68; Seth,
331; Simeon, 185, 187-8, 466, 481 ;
Steele, 179; Hon. Thomas, of Pa.,
245 ; Chief Justice William, of
New York ;
122, 400-402.
Snyder, Capt. Jeremiah, 238. *
Sodom and Gomorrah, 236.
Song, on the ratification of the Fed-
eral Constitution by Vermont,
483.
Song of the Vermonters, note on,
507.
Sorel river — see Iroquois.
South Bay, 260, 327.
South Carolina, 245-6, 250, 321, 324.
Spafford, David, 79; Eliphalet, 17;
Col. John, 100, 466, 481; Gen.
Jonathan, 155, 158, 196, 210, 216
-17, 372.
Spain, 433.
Sparks, Rev. Jared, 201, 292, 296—
General Index. — S, T.
533
on the Vermont question in Con-
gress, 292.
Spaulding, Asahel,209; Capt. Leon-
ard, 27, 61, 350, 372.
Spear, Andrew, 244.
Speeches: of Gov. Chittenden, in
1784, 52; in 1789, 18(3; in 1790,
211.— Of Alexander Hamilton, in
favor of Vermont, in 1787, 423;
reply of Richard Harrison, 424;
rejoinder by Hamilton, 430. — Of
Gov. Robinson, Oct. 1790, 207.
Spencer, Hon. Abel, 135-6; Gideon,
45.
Spicer, Abigail, Asher, Jabez, Jon-
athan, and Roger, 53, 313; Dan-
iel, 53, 311, 313, 319, 326.
Spooner, Alden, 26, 151, 209; Hon.
Eliakim,160; JudahP.,28; Lieut.
Gov. Paul, 1, 3-5, 18, 19, 23-25, 27,
32, 42, 50, 52-54, 57, 65-68, 70-72,
75-6, 78, 80, 83-87, 98-9, 101, 105-6,
146, 150, 256, 269, 274, 301, 308,
328, 347, 366.
Spooner & Green, 9.
Sprague, Elkanah, 343.
Squire, Ezra, and Odel, 80; Tru-
man, 415.
Stafford, John, 222.
Stark, Gen. John, 418, 498.
Starkweather, Mr., of Mass., 380.
State printing — see Newspapers.
Stebbins, Benjamin, 244, 366.
Steele, James, 118-19, 372-375.
Sterling, Lord, 238.
Sternes, Eleazer, 94; Jane, 57.
Stevens, Hon. Elias, 5; Ephraim,
197,217; Henry, 451; Capt. John,
120, 124, 128, 142, 362, 371; Pen-
uel, 177; Simon, 28, 233, 267, 275,
466, 480.
Stevens Papers, 499.
Stewart, Elkanah, 61; Hon. Mr., of
N. J., 338.
Stiles, Ezra, of Keene, N. H., 344,
381.
Stocks and sign-posts, 136.
Stone, Edwin M., 505; Mr., 202;
Col. Nathan, 307; Hon. Thomas,
ofMd.,324.
Storey, Daniel, 42.
Stoughton, Nathaniel, 466, 480.
Stout, Benjamin, 448.
Stowell, David, 309; Hezekiah, 233,
303.
Strong, Ebenezer, 222; Capt. John,
of Woodstock, 174, 244; Gen.
John, of Dorset and Addison, 6,
16, 21, 26, 34, 39-40, 43, 51, 70, 79,
91, 97, 101, 105-7, 109, 117-18, 120-
21, 123-26, 128-131, 145-154, 157-9,
162-3, 165-176, 178, 181, 183-185,
187-202, 205, 207, 215-16, 218-226,
228-9, 243-4, 266-7, 343, 346-7, 350,
372,467; Samuel, 153.
Stewart's life of Gov. Jonathan
Trumbull, senior, quoted, 506.
Suffolk county, England, 103.
Sullivan, Gen. John, to Lord Ster-
ling, 238.
Sunderland, Peleg, 134.
Supervisors in Windham county, 93.
Surveyor General, 30, 32-34, 63, 84,
98, 131, 135, 143, 150, 158, 161-63,
174, 177-8, 199, 200, 202-204, 215,
217, 220-21, 223, 509, 512.
Swift, Chipman, 350; Rev. Job, 52,
185; Jonathan, 369.
Swiss Cantons, 433.
Tasgert, Thomas, 29.
Taplin, Col. John, 95-97, 99,100, 192.
Taylor, Abraham, 48; Capt. Daniel,
9, 22, 89, 96, 244; Rev. D. T., 222.
Templeton, Oliver, 448.
Tendry — see acts on.
Tennessee, 337.
Thayer, Benoni, 209; Capt, Simeon,
of R. I., extracts from his journal
of Arnold's invasion of Canada in
1775, 505.
Thomas, Reuben, 466, 480.
Thompson, Abel, 124, 149, 166, 171,
185, 189, 362, 372, 466, 480.
Thomson, Charles, 255.
Throop, Amos, 76, 98; Hon. John,
1, 3, 14, 16, 23-4, 28, 41-2, 50, 52,
56, 65-68, 70-72, 76, 78, 98-9, 150;
Nathaniel, 372.
Thurber, Benjamin, 57; David, 41,
306, 310, [printed Daniel.]
Tichenor, Gov. Isaac, 6, 14, 15, 19,
20, 23-4, 35, 51-2, 54-5, 67, 71, 101,
103-4, 111, 115, 117-128, 130-136,
138-158, 160-162, 165-173, 175-6,
178, 181-186, 188-205, 207, 210. 212-
220, 222-226, 229, 234, 244. 250-51,
256-7, 269, 301, 328, 334, 343, 346-7
349, 375, 377, 399, 415, 421, 447,
450-51, 461, 511, 513.— Biographi-
cal notice of, 103 ; portrait of,
facing title-page; notes on por-
trait and signature, 514.
I Tilden, Stephen, 87, 350.
534
General Index. — Towns.
Todd, Capt., 167; Hon. Timothy,
229, 466, 480.
Tolls, Henry, 68.
Tolman, Ebenezer, of Danby, 102,
[printed Thomas,] 362,513; Hon.
Henry S., 50; Thomas, of Attle-
borough, Mass., 50; Rev. Thomas.
1, 13, 14, 23, 49, 50-55, 62, 64, 67,
76, 79, 81, 87, 98, 100, 254, 275, 343,
347, 362, 503, 513 —Biographical
notice of, 50.
Topham, Capt. John, of R. I., 505-6.
Towns — Adams. Mass., 377.
Addison, 34, 89, 90, 91, 101, 145,
164, 166, 184, 190, 205, 343, 346,
350, 372, 467.
Albany, as Luttcrloh, 180, 203,
228, 388, 395.
Albany, N. Y., 22, 34, 160, 199,
238-240, 320, 354, 383, 393, 453-4.
482.
Alburgh, 222, 320, 372, 396, 489,
510. — Various names of, 222.
Andover, 466, 481.
Andover, Mass., 2.
Arlington, 1, 21, 23, 41, 50, 51. 67,
76, 108, 162, 170, 209, 269, 275,
343-4, 371, 380, 457, 459, 466,
502,508.
Athens, 171, 372, 466.
Attleborongh, Mass., 50.
Averill, 132, 165.
Bakersfield, as Knoulton's Grant,
203 227 229.
Barnard, 56, 88,' 111, 121, 350, 366,
372, 467.
Barnet, 113, 165, 233. 372, 467.
Barre, as Wildersburgh, 143, 164,
197.
Barton, [ changed from Provi-
dence,] 55, 180, 192, 203, 228.
Beauveau, [proposed,] 388.
Belmont, P. Q., 222.
Belvidere, 203.
Bennington. 1, 2, 9, 22-3, 27, 34,
49, 50, 76, 80, 82, 94, 101-4, 117,
138, 141-2, 145, 147, 149, 160, 166,
184, 199, 203, 207, 217, 229, 266,
276, 309, 311, 315, 329, 343, 346,
349, 350, 354, 359, 364, 371, 375,
380, 387-8, 390-395, 418-19, 440,
457, 459, 465-6, 481-2, 491-493,
495-6, 498, 508, 513-14.
Benson, 110, 164, 188, 371, 466.
Berlin, 128, 164, 177.
Bernardston, Mass., 311,
Bethel, 70,71, 94, 99, 154, 209,
228, 350, 372, 466.
Billerica, Mass., 499, 513.
Bloomfield as Minehead, 165, 198,
202.
Bolton, 164.
Boston, Mass., 89, 261, 272, 412-
13, 490-494.
Bradford as Moretown, 62-3, 65-6,
95-6, 99, 100, 154, 164; as Brad-
ford, 175, 198, 221, 227, 281, 283,
286, 347, 372, 401, 466, 507-8, 514.
Braintree, 70, 99, 195.
Braintree, Mass., 77.
Brandon as Neshobe, and changed
to Brandon, 56; as Brandon, 71,
80, 121, 221, 369, 371, 466.
Brattleborousrh, 9, 43, 69, 89, 113,
141, 191, 210, 231, 233-4. 238-9,
268, 275, 302-7. 309, 311, 315, 333,
345-6, 349-50, 372, 376. 393-5. 466.
Bridgewater, 58, 87, 92, 349-50,
467, 481.— P. 481, note 1, Enoch
Emerson of Rochester is erro-
neously assigned to Bridge-
water.
Bridport, 112, 164, 372, 467, 501.
Brighton as Random. 202.
Bristol as Pocock, 164; as Bris-
tol, 195, 209, 223.
Brookfield, 18, 20, 71, 90, 99, 154,
228, 372, 466.
Brothersfield, [proposed,] 387.
Brownington, 88, 126, 129, 131,
156-7, 180, 203-4, 228. 302.
Brunswick, 115, 165, 198, 202.
Burke, 165, 203, 224.
Burlington, 94, 108, 149, 164, 191,
198, 201, 213, 228, 372, 394-5,
418, 467.
Cabot, 164-5, 176.
Caen, Normandy, 385.
Calais, 128, 164. 209, 225, 505.
Cambridge, 34, 76, 79, 88-9, 101,
145, 157, 164, 166, 172, 184, 205,
467.
Castleton, 15, 90, 102, 109, 128, 148,
206-7, 350-51, 362-3, 371, 414.
466, 508, 513.
Castri Pol is, [proposed,] 387-8.
Cavendish, 79, 88, 137, 372, 466.
Chambly, P. Q., 411.
Charleston as Navy, 203.
Charlestown, N. H., 395, 420.
Charlotte, 123, 164, 171, 467.
Chelsea as Turnersburgh, 99; as
Chelsea, 175,
G-eneral Index. — Towns.
535
Towns, continued.
Chester, 15, 134, 149, 198, 343, 350,
372, 466, 481.
Chesterfield, N. H., 274.
Chittenden, 157, 199, 209, 466, 508.
Clarendon, 109, 187, 225, 272-3,
343, 347, 351, 362, 367, 371, 394.
Clermont, N. Y., 448.
Colchester, 1, 23, 50, 91, 94, 138,
164, 191, 198, 387, 415, 372, 467.
Coleraine, Mass., 308.
Concord, 92, 96, 165.
Concord, N. H., 283.
Condorcet, [proposed,] 387-8.
Corinth, 26, 87, 90, 95-97, 99, 156,
188, 350, 466.
Cornish, K H., 499.
Cornwall, 50, 71, 79, 112, 124, 164,
170-71, 175, 202, 220, 372, 467.
Cornwall, Conn., 1, 501.
Coventry, 83, 176, 180, 203.
Craftsbury as Minden, 164, 176;
as Craftsbury, 215.
Crown Point, N. Y., 318, 320.
Danby, 43, 109, 222, 347, 350-51,
362, 371, 379, 466, 513.
Danville, 113, 137-8, 158, 165, 387
-8, 467, 503.
Derby, 174, 194, 228.
Deweysburgh, 165.
Dorset, 2, 4, 26, 84, 118, 122, 162,
167, 192, 343, 349-50, 363, 371,
466.
Douglas, and Dudlev, Mass., 86.
Dummerston, 107, 304. 306, 350,
372, 466, 495.
Duxbury, 164, 209, 225.
East Haven, 165, 213.
East Montpelier, 504-5.
Eden, and Elmore, 165.
Enosburgh, 203-4, 215.
Esopus, N. Y., 238.
Essex, 94. 164, 372, 467.
Exeter, ST. H., 285, 420.
Fairfax, 88, 164, 195, 467.
Fairfield, 165, 203. 210, 223.
Fairhaven, 27, 63, 71, 164, 169, 178,
181, 183, 346, 372, 466.
Fairlee, 73, 76, 91, 99, 113, 184,
205, 350, 467.
Fannysburgh, [proposed,] 387.
Farmington, Conn., 95, 502.
Fayette's Grove, [proposed,] 388.
Fayston, 164, 202.
Ferdinand, 135, 202.
Ferrisburgh, 80, 85, 92, 124, 164,
372, 466.
Fishkill, N. Y.,420.
Flatbush, N. Y., 291.
Fletcher, 88, 164-5, 197.
Franklin as Huntsburgh, 510.
Gallipolis, [proposed,] 387.
Georgia, 94, 164, 197, 467.
Glastenbury, 141.
Glover, 180, 203, 216, 228.
Goshen, 164-5, 180, 198.
Grafton, 111, 119, 209, 223, 372, 466.
Granby, 165.
Grand Isle, 58, 457, 459.
Granville as Kingston, 128, 150,
164.
Granville, N. Y., 2.
Greenfield, Mass., 492, 507.
Greensborough, 50, 128, 164, 176,
217.
Groton, 154, 158, 165.
Guildhall, 38, 42, 73-4, 89, 92 3, 109,
111-12, 165, 197, 202, 209, 212,
223, 372, 467.
Guilford, 8, 17, 18, 28, 37, 43, 46,
66, 85-6, 89, 231, 233-236, 238-
241, 253, 267-8, 299, 302-309, 311-
12, 315-16, 334, 350, 372, 466, 498.
Hadley, Mass., 304, 333, 492-494.
Halifax, 29, 31, 75, 89, 142, 231,
233-4, 238-241, 299, 304-5, 307,
309, 315, 332, 350-51, 372, 466,498.
Halifax, N. 8., 399, 400.
Hancock, 164, 202, 220.
Hanover, N. H., 395.
Harcourt, [proposed,] 387.
Hardwick, 128, 164, 176, 197, 228.
Harris Gore, 165.
Hart Court, [proposed,] 388.
Hartford, 70. 101, 145, 166, 184,
281, 283, 286, 343, 350, 372, 466.
Haitford, Conn., 77, 389-90, 393,
396, 491.
Hartland, 1, 23, 4&, 50, 70, 76, 92,
110, 121, 185. 346, 350, 366, 372,'
466.
Haverhill, Mass., and N. H., 507.
Hebron, Conn., 507, 514.
Highgate, 94, 164, 188, 222; as
Woodbridge, 32-3, 509-10.
Hinesburgh, 153, 164, 209, 221,
228, 467.
Hinsdale, N. H., 101, 498.
Hopkins Gore, [part of Kirby,]
180; as Hopkins Grant, and
Hopkinsville, 203.
Hubbardston, Mass., 377.
Hubbardton, 59, 150, 351, 372, 466.
Huntington as New Huntington,
164,209,467.
536
General Index. — Towns.
Towns, continued.
Hydepark, 88-9, 156, 164-5, 228.
Ipswich, Mass., 492.
Ira, 28, 90, 128, 154, 351, 371.
Irasburgh, 180, 203.
Isle la Motte, 457, 459.
Jackson's Gore, 123, 135.
Jamaica, 89, 141, 177, 196.
Jay as Carthage, 29, 33, 63, 203-4,
509-10, 512.
Jericho, 94, 164, 173. 201, 372, 394,
467.
Johnson, 156-7, 159, 164-5, 188,
200, 201, 209, 225, 421, 467,
513-14.
Keene, N. H.. 274, 344.
Kirby, 203.
Landaff, N. H., 508.
Landgrove, 112, 158, 172.
Lansingburgh, N. Y., 395.
Lebanon, N. H., 99, 344.
Leicester, 139, 147, 172, 188, 196,
227, 372, 467.
• Lemington, 165, 172.
Lewis, 165, 202.
Liancourt. [proposed,] 388.
Lincoln, 164, 179.
Litchfield, Conn., 501, 504.
Little Hoosick, N. Y., 119.
L'Orient, France, 385, 388.
London, England, 398,408-9, 411,
414, 416-17, 420, 439.
Londonderry, 8, 42, 140, 350, 372,
466, 514.
Lowell, 138, 203.
Ludlow, 135, 155, 195.
Ludovico Polis, [proposed,] 387.
Lunenburgh, 20, 92, 96, 109, 165,
198, 202, 350, 372, 467.
Lyman, N. H.. 343.
Lyndon, 43, 165, 192, 195.
Maidstone, 165, 202, 467.
Manchester, 11, 29, 31, 38-9, 52,
62, 82, 109-10, 133, 164, 167, 174,
181, 205, 243, 343, 350-51, 362-3,
371, 394-5, 466, 501, 508, 514.
Marlborough, 59, 66, 74, 221, 231,
235, 239-40, 272, 302, 332, 334,
350-51, 372, 375, 466, 495, 498.
Marshfield, 165, 180, 192-194, 199,
200, 505.
Mendon, 155.
Middlebury, 58, 124, 131-2, 164,
175, 372, 467.
Middlesex, 164, 505.
Middletown, 61, 71, 362, 466.
Milton, 155, 164, 173, 467.
Monkton, 124, 164, 172, 467.
Montgomery, 203.
Montpelier, 128, 164, 177, 357, 416
-17, 504, 506.
Montreal, P. Q., 238, 396, 399, 418.
Moretown, 225.
Morgan, 203.
Morrisiania, N. Y., 292.
Morristown, 165, 228.
Morris-Town, [printed as of New
York, but probably it was of
New Jersey,] 326.
Mount Tabor as Harwich, 222.
Newark, 165.
Newark, N. J., 103.
Newburgh, N. Y., 262.
Newbury. 99, 101, 112, 137, 141,
145, 154, 157, 164, 166, 184, 191,
205, 238, 281, 283-286, 347, 350,
364, 393, 467, 507.
Newburyport, Mass., 413.
New Fairfield, Conn., 162.
Newfane, 22, 93, 109-10, 184, 191,
205, 212, 302, 351, 372, 466.
New Haven, 75, 92, 94, 112, 138,
164, 210, 372, 467.
New Haven, Conn., 155, 339, 444.
New Haven Gore, 195.
New Milford, Conn., 72.
Newport as Duncansborough or
Duncansburgh, 180. 203, 216,
223.
Newtown, Conn., 113.
New York city, 331, 339, 385, 387,
389, 396, 413, 421-2, 440, 451, 453
-4, 456.
Nine Partners, N. Y., 501.
Noaillesburgh, [proposed,] 387.
Northfield, 128, 147-8, 155, 164.
Northfield, Mass., 492.
Northampton, Mass., 304, 395.
North Hero as part of the Two
Heroes, 13, 14, 112, 372 ; as
North Hero, 173, 396, 457, 459,
467.
Norton, 222-3.
Norwich, 1, 9, 23-4, 26, 50, 57, 60,
64, 65, 69, 76, 99, 101, 145, 154,
166, 184, 191, 235, 243, 281, 283,
286, 350, 355, 372, 467, 475.
Norwich, Conn., 2, 26, 76, 102, 272.
Ogdensburgh, N. Y., 400.
Old Wallingford, Conn., 170.
Orange, 45, 99, 128, 143, 214.
Orwell, 59, 124, 128, 164, 177, 195,
371, 466.
Panton, 89, 164, 199, 372, 467.
Paris, France, 3B5-390, 504.
General Index. — Towns.
537
Towns, continued.
Pawlet, 10, 93, 109, 115, 162, 362-
364, 368, 371, 457, 459, 466.
Peacham, 113, 165, 175, 209, 467.
Peru, 12, 15S, 172.
Philadelphia, Pa., 18, 97, 100. 137,
158, 237, 239, 250, 256. 266, 277.
288, 292, 385-6, 414-15, 419, 439
-40, 464, 514.
Pittsfield, 169; Pittsfield, Ms., 375.
Pittsford, 17, 109. 121, 284, 343,
350-51, 362, 368-370, 372, 466, 508.
Plainfield, 505.
Plainfield, N. XL, 168.
Plymouth, 155.
Plymouth, Mass., 77.
Pomfret, 23, 50, 76, 91, 188, 308,
347, 349-50, 372, 467.
Portsmouth, N. H., 393, 413.
Poughkeepsie, N. Y., 247, 304, 307,
310, 441-2.
Poultney. 30, 86, 343, 349, 367, 371,
457, 459, 466.
Pownal, 109, 147, 195, 350, 362,
371, 380, 457, 459, 466, 493.
Providence, 11. I.. 505.
Putney, 9, 74, 158, 346, 350, 372,
401, 466.
Quebec, P. Q., 398, 408, 418.
Kandolph, 20, 99, 122, 125, 227-8,
350, 372, 467.
Reading, 121, 140, 347, 349, 350-51,
Readsborousrh, 108, 155. [372.
Richford, 203.
Richmond, Va., 393.
Ripton, 164.
Rochambeau, [proposed,! 387.
Rochester, 18, 70, 99, 212"", 467; p.
481, last line note 1, "Bridge-
water" should be Rochester.
Rockingham, 5, 22, 57, 68, 75, 134,
171, 275, 343, 350, 466.
Roxbury, 99, 128, 195.
Royalton, 5, 17, 70, 88, 90, 94-5, 99,
123, 150, 191, 284, 350, 372, 467.
Rupert, 41. 59, 110, 187, 190, 244,
350,371,457,459.466,511.
Rutland, 1, 23, 47, 52, 54, 105, 109,
122, 132, 136, 141, 153, 170, 190,
347, 350, 362-3, 367-371, 393, 395,
443, 466, 473, 483, 511.
Ryegate, 26, 98, 112, 154, 165, 372.
St. Albans, 158, 164, 195, 467.
St. George, 137-8, 165.
St. Johns, P. Q., 398, 403-4, 410-11,
418, 502.
St. Johnsbury, 113, 136-7, 158, 165,
205-6, 225, 387, 467.
39
St. Regis, P. Q., 406.
St. Therese, P. Q., 411.
Salem, 198, 203, 228.
Salisbury, 124, 131, 147, 164, 174,
188, 196, 227, 372, 467.
Salisbury, Conn., 123, 501.
Sandgate, 371, 416, 457, 459, 466.
Santa Maria, changed to Whee-
lock, 168.
Sarselles, France, 386.
Savannah, Ga., 409.
Schenectady, N. Y., 239.
Segurnum, [proposed,] 388..
Shaftsbury, 15. 39, 46, 179, 190,
216, 351, 364, 371, 378, 380, 441,
457, 459, 466.
Sharon, 72, 99, 209, 350, 372, 466.
Sheffield, 178-9, 202.
Shelburne, 94, 138, 147, 164, 172,
216, 467.
Sheldon as Hungerford, 210, 223.
Sherburne as Killington, 199.
Shoreham, 59, 164, 172, 467, 501.
Shrewsbury, 75, 135, 244, 347, 350,
371, 466.
Somerset, 157.
Sophysburgh, [proposed,] 387.
South Hero as part of the Two
Heroes, 13, 14, 372 ; as South
Hero, 457, 459, 467.
South Kingston, R. I., 76.
Spencertown, N. Y., 501.
Springfield, 28, 62, 68-9, 350, 372,
466; Springfield, Mass., 380, 395.
Stamford, 43, 80, 212, 371, 466.
Starksborough, 148, 164, 173, 198.
Sterling, 88, 156, 165.
Stillwater, ST. Y., 498.
Stockbridge, 8, 9, 224.
Stockbridge, Mass., 359.
Stowe, 16, 45, 228.
Sti afford, 99, 350, 372, 467.
Stratford, Conn., 156, 393.
Stratton, 157.
Sudbury, 59, 111, 466.
Sunderland, 1, 23, 49, 50, 76, 101,
145, 166, 184, 205, 349-50, 371,
379, 466, 503.
Sutton as Billymead, 165, 195, 221.
Swanton, 94, 164.
Thetford, 18, 73, 99, 155, 171, 193,
281, 283-4, 346, 349-351, 372, 467.
Tinmouth, 1, 16, 23, 28, 50, 77, 101,
109, 145, 166, 184, 205, 343, 346,
349-50, 362-364, 371, 441, 466,
514.
Topsham, 99, 142, 164-5, 209, 225.
538
General Index. — Towns.
Towns, concluded.
Torrington, Conn., 77.
Townsnend, 1, 23, 50, 76, 101, 145,
166, 184, 350, 466, 494.
Trenton, N. J., 288.
Troy, 203; Troy,N. Y., 395.
Tunbridge, 10, 12, 19, 90, 150-51,
216, 467.
Turgot, and Turgotsburg, [pro-
posed,] 388, 391.
Turgotsfield, [proposed,] 387.
Underbill, 88, 164,173.
Vergennes or Vergennesburg,
[proposed,] 387-8; Vergennes as
De Vergennes, 175, 177, 391; as
Vergennes, 188, 391, 394, 467.
Vernon as Hinsdale, 127, 303, 372,
466, 498; as Vernon, 7, 101-2,
145. 166, 184, 205, 210, 343, 510.
Vershire, 68, 79, 96, 99, 123, 125,
209, 467.
Waitsfield, 164.
Walden, 165, 210, 225.
Walden Gore, 165.
Wallingford, 52, 109, 123, 135, 362
-3, 371, 466.
Wallingford Gore, 177.
Wallingford, Old, Conn., 170.
Walpole, K. H., 30, 274, 299, 507.
Wardsborough, 126, 170, 177, 372.
Warner's Grant, 180, 203-4.
Warren, 165.
Washington, 99, 199.
Washington City, D. C, 417.
Waterbury, 164.
Waterford as Littleton, 165.
Weathersfield, 17, 20, 24, 185, 198,
244, 346, 372, 466.
Wells, 39, 41, 46, 61, 74, 155, 350,
358,371,457,459,466.
Wenlock, 135, 202.
Westfield, 191, 203.
Westford, 158, 164, 177.
West Fairlee, 76.
Westminster, 9, 20, 23, 30, 31, 49,
57-8, 92, 112, 151, 185. 189, 200,
202, 206, 236, 240-41, 274, 299,
301-2. 304, 306, 316, 332, 343, 345,
350, 372, 450, 466, 499.
Westmore, changed from West-
ford, 158, 165.
Westmoreland, N. H., 492.
West Springfield, Mass., 77, 377.
Wey bridge, 110, 164, 202, 210.
Wheelock, 165, 168, 180.
White Creek, N. Y., 379, 380.
Whitehall, N. Y., 419.
Whitelaw's Grant, 165, 180, 203.
Whiting, 59, 467.
Whitingham, 61, 372, 466, 498.
Williamstown, 83, 98-9, 108, 111,
129, 147-149, 191, 209, 2:5, 467.
Williamstown, Mass.. 380, 493.
Williston, 1, 23, 50, 76, 94, 99, 101,
145, 164, 166, 172, 205, 228, 372,
415, 467.
Wilmington, and Draper. 40, 41,
58-9, 66, 86-7, 92, 112, 119, 204,
350,372,466,494-5,498.
Winchester, N. H., 384, 385.
Windham, Conn., 507.
Windsor, 9, 15, 20, 26, 68. 88, 94-5,
98, 100, 121, 141, 185, 216, 276,
283, 307, 350-51, 372, 393-4, 409
-10, 415, 418, 466, 497.
Winhall, 112, 159.
Winooski village, 387.
Wolcott, 164-5, 195.
Woodbridge grant, 31, 32,509-513.
Woodbury, 128, 164, 176, 228.
Woodbury, Conn., 273, 501.— See
Woodbury, Old.
Woodford, 90, 177.
Worcester, 165, 505.
Worcester, Mass., 506.
Woodstock, 1, 18, 20, 23-4, 41, 50,
76, 106, 111, 113, 151, 155, 170-
172, 199, 216, 350, 372, 466.
Townsend, Hon. Micah. 7, 9, 20, 24,
35, 46, 56, 58, 61, 64, 67, 137-8, 307,
330-332, 345, 347, 397.— Letters of:
to Gov. Chittenden, in 1783, 307;
to the publishers of the Vermont
Gazette, in 1785, 331.
Tracy, Deborah, 272; Joshua, 140.
Trainer, Francis, 495-6.
Traverse, Samuel, 448.
Treason, penalties for, 129, 314-15.
Treat, Malachi, 448.
Trials of land titles prohibited, 341 ;
prohibition repealed, 345.
Troops, requested of Congress by
New York, to be controlled by
that State, in 1783, 277; in April
1784, 320 ; and June 1784, 323,
326.
Troup, Robert, 448.
Trumbull, senior Gov. Jonathan, of
Conn., furnished Vermont with
powder in 1780. 506.
Tryon, Gov. William, 502.
Tucker, Joseph, 309-10.
Tupper, Silas, 467, 480; Simon, 369.
Turgot, Anne Robert James, 388.
General Index.— T, U, V, W.
539
Tute, Amos, 303.
Twist, Capt., 411.
Tyler, Maj. Joseph, 42, 350; Hon.
Royall, il9, 125, 375-6; Timothy,
Underbill, Abraham, 26, 122, 349-50.
Underwood, Jonathan, 54, 70, 298,
350: Thaddeus, 496.
Union,Eastern, 407,420, 500; West-
ern, 198, 407, 419.
University of Vermont, 83, 108. 190-
91, 386 7, 391.
United States officers in Vermont
in 1791, 489.
Vail, Edward, 109.— See Viel.
Valentine, Mrs., 448.
Vandyke, 292.
Vannaughnam, [Vanornum, or Va-
nernum,] Isaac, 4.
Varick, Hon. Richard, of N. Y.,
448, 460.
Vergennes, Count de, 388, 391.
Vermoni — acts of sovereignty, 381-
420. Admission of into the Union,
218-220, 222, 224, 227, 243, 266-273,
326, 485-489— honored at Albany,
N. Y.,482, and celebrated at Rut-
land, 483. — Action of General As-
sembly of, Oct. 16-24, 1782, 242-
245 ; on the adverse resolutions
of Congress of 1782. and renewing
application for admission into the
Union, 266-273, 464-5; on insur-
rection in Windham county in
1783-4, 297-315; at the period of
Shays's rebellion, 357-380; on set-
tlement of the controversy with
New York, 449-50; 460-63.— Name
Vermont. 504. Partition of pro-
posed, 280-291. — Sentiments pre-
vailing in after the treaty of peace
of 1783, 334-336.— Votes of the
people of, on questions submitted
in 1784, 349; in 1786. 365, 371-
Vermont, Abbe de, 504.
Vermont Gazette, [Bennington,] 8,
22, 27, 34, 53-4, 95, 108, HI, 167,
186, 205, 207, 211-12, 302, 206-7,
314, 317, 321, 329-30, 343, 349-51,
358-9, 366, 368, 371, 375-6, 378-380,
382, 387-8, 396, 399, 400, 404-406,
422, 440, 460, 465, 482, 489, 503.
Vermont Historical Society, 514.
Vermont Journal, [Windsor,] 24,
27, 52, 108, 110-11, 185, 301, 305,
326, 349, 358-9, 366, 396, 423.
Verplanck, Hon. Gulian, of N. Y.,
448-9, 453, 459-60, 462.
Viel, [Vail,] Edward, 222; 362.
Virginia, 245, 250-51, 264, 276, 278,
321. 324, 337, 393, 439.
Wardsworth, Col. Jeremiah, 389.
Wait, Gen. Benjamin, 16, 65, 79. 85-
6, 91, 98, 130," 162, 244, 267, 298,
303, 307-8, 310-11, 351, 366, 504.
Walbridge, Hon. David S.. 103;
Gen. Ebenezer, 64, 101-2, 105, 109,
111-12, 114, 117-121, 123-126, 128,
130, 132-136, 138-141, 145-156, 159-
162, 165-171, 173, 175-6, 178, 181-
197, 202-210, 212-216, 218-19, 222-
226, 229, 241, 343, 376-7, 381, 497—
notice of, 102; Henry, 24, 40, 70,
85, 309-10, 350; Hon. Hiram, Mary,
and Sir William de, 103.
Walker. Joel, 79.
Wallace, William, 21.
Walton, Gerard, Jacob, and Wm.,448.
Ward, Capt. Samuel, of R. I., 506;
William, of Newfane, 86, 89, 124,
135, 147, 309, 372; William, of
Poultney, 6, 244, 343, 349, 367, 371,
466, 481.
Warner, Abigail, and Asahel, 502;
Benjamin, 133; Doct. Benjamin,
502-3; Doct. Ebenezer, 502; widow
Hester, 150,180, 204, 221; John,
502; Hon. Joseph, of Sudburv,
466, 480; Moses, 466, 481; Col.
Seth, 2, 102, 169, 204, 221, 292, 501
— genealogy and obituary of, 502
-3; Tamar, 502.
Warren, Col. Gideon, 16, 502; Moses,
WTa*hburn& Willoughby,170. [42.
Washington, Prest. George, 201,
239, 251, 254-5, 260, 262-265, 269,
272-3, 278, 284-5, 317, 319-20, 414,
438, 443, 486, 488-9. Letters of:
to President of Congress, Feb. 7
1783, and Hon. Joseph Jones, of
Va., Feb. 11 1783, 262.— Message
of, on admission of Vermont into
the Union, 486
Waters, Abel, 467, 480; Ensign Oli-
ver, 39, 74, 304-5, 309-10, 333; Wil-
liam, 160.
Watson, Elizabeth, 77; Capt. Titus,
195, 213-14, 244; William, of Ply-
mouth, Mass., 77.
Weare, Prest. Meshech, of N. H.,
254, 284, 286-288.— Letter of to
Gov. Clinton, July 2 1782, 286.
540
General Index. — W, Y.
Webb, Jehiel, 68, 157, 384; Joshua,
22; Samuel B., 448.
Weld, Elias, 35,45, 346; Isaac, 28;
John, 67, 70 [printed Wild,] 85,
119-20, 375, 397.
Welden, Jesse, 4.
Weller, Eliakira, 62.
Wells, Hubbell, 55, 123, 129, 132,
157, 332, 350-51, 372; Joseph, 306;
Samuel, 7, 12, 110.
Wentworth, Gov. Benning, 495, 497;
Gov. John, 63; Hunking, 110.
West, Benajah, David, Elisha, and
Mary, 86; Benjamin, 197; Eben-
ezer, 68; Elijah, 86, 92, 100.
Westminster massacre, 283.
Weston, Nathaniel, 37, 350.
Wharton, Hon. Samuel, of Del ,245.
Wheeler, Adam, 376-7 ; Asa, 79;
Isaac, 204; John, 92, 96.
Wheelock, Prest. John, of Dart.
College, 70, 89, 106-108, 126, 168.
Whipple, Benjamin, 6, 8, 24,56, 151,
177, 244, 347, 369; Daniel, 20, 30;
Joseph, 333; Thomas, 334; Gen.
William, 247, 288.
Whitcomb, Asa, 123, 169.
White, Asa, 57 ; Asaph, 4 ; Eben-
ezer, 350; Hon. John, of Georgia,
Vt., 34, 79, 467, 472, 480; Noah,
62,79, 81, 83, 85; Hon. Phillips,
of N. H., 245, 276, 288,— letter of,
to Prest. Weare, Jan. 1783, 288;
Rev. Pliny H., 504; Thomas. 42;
Thomas W, 56; Wm., 305, 319,
334.
Whitelaw, Gen. James, 98, 150, 158
-9, 162-3, 165, 174, 177, 180, 199,
202-3, 215, 217, 223, 372.
Whiting, Leonard, 155.
Whitmore. Erancis, 494.
Whitney, Capt. Benja.,306; David,
210; Dea. Jonas, 144, 161, 221,
466,481,494; Nathaniel, 275,494;
Samuel, 494; Silas, 124.
Whittier, John G., 507.
Wilder, 493.
Willard, Dubarlus, 372; Jona., 244;
Joseph, 162; Solomon, 384-5.
Willett, Marinus, 448.
Williams, Capt., of Mass., 506; Oli-
ver, 18, 20; J., 404,406; Roger, 43;
Hon. Samuel, of Rutland, 58. 112,
147, 171, 185, 189-192, 350; Rev.
Dr. Samuel, of Rutland, 190, 265,
334-5 ; Silas, 350 : Col. William,
495, 498.
Willoughby, Bliss, 131 ; Capt. Ebe-
nezer, 15. 162.
Willson, John, 448.
Wilmout, Asa, 221.
Wilson, Ebenezer, 210, 371, 466, 480;
Hon. James, of Pa., 251, 278; Lu-
cas, 244, 250.
Winchester, Joseph, 233, 494.
Windham county, 5, 32, 58, 64, 69, 93,
103, 109, 111, 128, 146,151, 154, 157,
175. 177, 220, 228, 244, 261, 263,
279, 297, 299, 302, 308-310, 312,
319, 331-2, 371, 400, 485.— See In-
surrections.
Windsor county, 5, 18. 26, 64, 69,
106, 113, 125, 128, 153-155, 159-60,
173, 177, 216-17, 225, 236, 254, 371,
485. — See Insurrections.
Witherspoon, Rev. Dr. John, of N.
J., 248.
Wolcott, Hon. Oliver, of Conn., 262,
273.
Wood, Capt. Ebenezer, 58; Enos,
467, 481 ; Joshua, 120, 124, 189,
466, 480.
Woodbridge, Maj. Theodore. 32,
509, 513.
Woodbury, Nathan, 18, 90.
Woodwaid, Hon. Bezaleel, 106-7,
284, 501.
Woodworth, Joel, 189.
Wooster, David, 17.
Worcester county, Mass., 377.
Wynkoop, Hon. Henry, of Pa.,
245.
Yale, Moses, 5.
Yates, Hon. Richard, of N. Y., 448
-9, 453, 459-60; Hon. Robert, of
N. Y.. 454.
Yaw, Amos, 334.
Yeas and Nays: in Congress, on the
Vermont question in Nov. and
Dec. 1782, 245-7, 250; on applica-
tion of New York for troops, 324
-5.— -In Vermont Convention of
1791, on ratifying the Federal
Constitution, 480-81.— In Coun-
cil, on the proclamation against
Shays's rebellion, 377. — In Gen-
eral Assembly, on instructions to
Agents to Congress. 214; on the •
betterment act of 1785, 350; and
on the expulsion of Jona. Fassett,
of Pittsford, 371.
Young, Arthur, 504; Hamilton, 448;
Mrs. 88; Dr. Thomas, 493.
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