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

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

I 



V.Wj, 



mkm 

nBfct 

■Ill ' 



if 









VftfW; 









WmiMi 



ill - 



ii 






mmmMi 

Mi' 

1 









i tf , t 'i ,u * 

> A. i jV ^ j 



»- : 






* 








iyAB-*^ 



X^ 



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 

l Oct. 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, Oct r - 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, Tim - 
Brownson, Paul Spooner, Ira Allen, Samuel Fletcher & Benj a - Emmons, 
Esq 18 - 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, M r . Robinson, M r - Spooner, M r - Brownson, M> 
Fletcher, M r Allen, & M r - 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, viz 4 : 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 Hon ble Ira Allen Esq. is elected Treasurer for the 
Year ensuing, and that the Honorable Moses Robinson, Paul Spooner, 
Joseph Bowker, Samuel Fletcher, Jonas Fay, Benj a - Emmons, Tim - 
Brownson, John Throop, Ira Allen, John Fasset, Jun r - Thomas Porter, 
& Peter Olcott, Esquires, are elected Councillors for the Year ensuing. 

Adjourned to Nine of the Clock Tomorrow Morning. 



Friday, October 11 th - 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- 

x From the Assembly Journal, Oct. 10 1782: 

_ Agreeable to the Request of the General Assembly at their last ses- 
sion the Rev'd M r - 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 Esq r - 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, viz 1 ; The Honorable Moses Robinson, Chief Judge, 
Paul Spooner, Jonas Fay, John Fasset Jun r -, & Peter Olcott Esq r % 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 M r Robinson and M r 
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 12 th - 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 & M r - 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: 

1 st — That a tax be levied of 7 d on the pound, to be paid in Due-Bills, 
Pay-Table Orders, the paper Currency of this State, or hard money. 

2 d — That a tax of 3 d on the pound be laid to be collected in hard 
money only. 

3<u y — 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, M r - 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, M r Robinson & M r - Fletcher. 

Council proceeded to the Choice of a Member in the Room of His 
Honor Paul Spooner Esq r - 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 14 th - 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 M r Safford and M r - 
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, M r# Porter 
and M r - Allen. 

Resolved, that a Committee of Council be appointed to join a Com-* 
mittee from the House, on a Petition signed Eleazer Patterson Jun r » 
Rich d - Prouty & others. Members chosen, M r Porter & M r - Allen. 

A Passport was given to Cap 1 - Jn°- Hill and Son, & M r - 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 Esq r - made a verbal request to this House 
from the Council that they would nominate a person for Counsellor in 
the room of Paul Spooner Esq r - chosen Deputy Gov 1- - — 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 15 th - 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 & Classes 1 who have not raised their quotas of Men for 
the present Campaign, whereupon Resolved, that a Committee be ap- 
pointed to join s d - Committee. Members chosen, M r - 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 16 th - 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, M r - 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 Gov r - that a 
Commissary Gen 1 - be appointed — Ordered that the appointment of 
Commissary Gen 1 - and Board of War be refered until tomorrow morn- 
ing. 

Oct. 16. — Motioned by M r - 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 M r - 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 M r - Whipple, M r - Tichenor, M r - Strong, M r - Enos., 
& M r - 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, M r - 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, M r - 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 Esq r - 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 s d - 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 Com tee -" 

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 7 d 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 15 th of December next, and that the Treasurer pay the 
classes that inlisted such men two months wages at forty shillings p r - 
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 afores d - 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, Oct r - 17 th - 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 Gen l - Assembly, Feb. 27 th - 1782. 

u Resolved, that there be & hereby is granted unto M r - 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, M 1 - 
Fletcher. 

Adjourned to Nine of the Clock Tomorrow Morning. 



Friday, Oct r - 18 th - 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 Esq 1- - 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'- 19 th - 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, M r - 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, M r - SafFord. 

Adjourned to Two of the Clock, Monday next. 

1 From the Assembly Journal, Oct. 18 1782: 

The Committee to whom was referred the 5 th 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 Com tee - v 

The aforesaid Report was read and accepted, and thereupon Resolved 
that M r Sabin [of Putney,] M r - Townsend [of Brattleborough,] and M r - 
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- 21 st - 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, M r Emmons. 

A Permit was granted to Lieutenant William Blanchard & M r 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, Oct r - 22 nd - 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, M r Allen & M r 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, Oct r - 22 nd - 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, Tho s - 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, M r - Fletcher and M r - 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, M r - 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 7 d - on the Pound in Public Securities, & 2 d - in 
Hard Money; whereupon Resolved, that a Committee be appointed to 
join said Committee. Member chosen, M r 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 Jun r - Esq rs - 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, M r - 
Fay. 

Adjourned to Nine of the Clock Tomorrow Morning. 



Wednesday, Oct r - 23 rd - 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, Oct r - 23 rd - 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, Oct 1 - 23 rd - 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, 
viz 1 ; 

" 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, Oct 1 - 24 th - 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 7 d - on the Pound in public Securities, and 
2 d - 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 Oct r - 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 2 d - 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 9 th - 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, Esq r - Governor. The 
Hon ble Moses Robinson, Jonas Fay, Ira Allen, John Fasset Jun r - Sam 1 - 
Fletcher, Sam 1 - Safford, & Tho 8 - Porter, Esq rs - 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 10 th - 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 13 th - 1783. 
Present, His Excellency Thomas Chittenden, Esq. Governor. The 
Hon ble Joseph Bowker, Moses Robinson, Ira Allen, Jonas Fay, John 
Fasset Jun r - Sam 1 - Safford, & John Throop Esq 18 - 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 14 th - 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 11 th - 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 M r - 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 15 th . 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 17 th - 1783. 
Met according to Adjournment. 

A Letter of the 13 th - Instant from Major Joseph Fay, was read, and a 
verbal Relation at the same Time made by Isaac Tichenor Esq r - 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 5 th - of December last. 1 

The Hon. Peter Olcott Esq r - 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 State 2 — 
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 M r 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 M r 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 18 th - 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?- 18 th - 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. Gen 1 - 
Roger Enos, Col - John Strong, B. Gen 1 - Samuel Safford, Col - Elijah 
Robinson, Col - Timothy Brownson, Col - Benjamin Wait, Col - Moses 
Robinson, were elected." 

Adjourned to 9 o'clock Tomorrow Morning. 



Wednesday, February 19 th - 1783. 
Met according to Adjournment. 

Agreeable to a Recommendation of this Council, of the 17 th - 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 

M r - 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 20 th - 1783. 

Met according to Adjournment. 

The following Bill was received from the General Assembly, viz*; 
State of Vermont. In General Assembly, Feb^- 20 th - 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 21 st - 1783. 

Met according to Adjournment. 

Stephen Row Bradley, Esq 1- - 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 19 th - 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. 

M r - 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 22 nd - 1783. 

Met according to Adjournment. 

M r - Robinson and M r - Bowker were appointed a Committee on the Bill 
directing the Levying & serving of Executions. 

M r - 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 24 th - 1783. 

Met according to Adjournment. 

M r - 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 Esq r - 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, 25 th - 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- 24 th - 1783. J 

The above Act was read and passed the House. 

Attest, Koswell Hopkins, Clerk. 

In Council, Windsor, February 25 th - 1783. 
Read and concurred. 

Jonas Fay, Sec*- P. T. 

The following Bill was received from the General Assembly, viz*; 
In General Assembly, February 25 th - 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 Esq 1- - The Honorable Ira Allen Esq r - His Honor Governor 
Spooner, and Abel Curtis Esq r - 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 26 th - 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 27 th - 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, Esq rs - be impowered to 
settle with Micah Townsend Esq r - 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 14 th - 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 8 th - 1783. 

Resolved, that Jonathan Brace Esq 1- - 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 Esq r - 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 
Esq 1- - 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 M r Abel Curtis, M r - Murdock, M r E. 
Curtis, M r - Tichenor & M r - 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 22 nd - 1783. 
Resolved, that Joshua Webb and John Lovell Esq rs - 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 

Esq rs - who decline serving in that Office. 

Attest, Tho. Tolman, Depv- Se&- 



In Council, at Arlington, May 30 th - 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 Esq r - who has left this State. 

Bocognizance. 

Personally aopeared Abner Chamberlain Esq r - 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 24 th - 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 9 th - 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 Esq r - 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, viz 4 ; 

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, Esq rs - Councillors. 

Adjourned to Tomorrow Morning 9 o'Clock. 



Friday, October 10 th - 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 Esq r > dec d: 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 M r - Whipple, M r Tichenor & M r 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 11 th - 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 y e Morning. 



Monday, October 13 th - 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 14 th - 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 Esq r - be, and he is hereby appointed Secre- 
tary of Council for the Year ensuing. 

Adjourned to Tomorrow Morning 9 o'clock. 



Wednesday, October 15 th - 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, Esq r - and make Report. Member cho- 
sen Mr. Allen. 

Adjourned to Tomorrow Morning 9 o'Clock. 



26 Governor and Council — October 1783. 

Thursday, October 16 th - 1783. 1 

Met according to Adjournment. 

Resolved, That Paul Brigham Esq 1 "- of Norwich be, and he is hereby 
appointed Judge of the County Court for the County of Windsor, in the 
Room of Abel Curtis Esq r - 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, Esq rs - 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 14 th - 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 17 th - 1783. 

Met according to Adjournment. 

The Council joined the General Assembly on the 14 th - 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 M r - 
George Hough of Norwich in Connecticut in behalf of himself and M r - 
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 5 th: 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 Hon ble - Moses Robinson, Esq r - Chief Judge. The Honorable Paul 
Spooner, Thomas Porter, Peter Olcott and John Fasset Esq 1-8 - 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 Esq r - 

, 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 7 fh 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 18 th - 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 Mess rs - 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 Esq 1- - 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 y e Morn'g. 



Monday, October 20 th - 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 

J Stevens, 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 29 th 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 21 st - 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 Benj a - 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, Oct r - 21 st - 1783. 
Resolved, that His Excellency be requested to grant a Passport to 
Charles Phelps, Esq r - 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 Treas r - 
Which report being read was accepted. 

l On 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, viz 4 ; 

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, Esq 1 "- 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, Esq r - to pass unmolested from Walpole to s d - 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, Oct r - 21 st - 1783. 

Adjourned to Tomorrow Morning 9 o'Clock. 



Wednesday, October 22 nd - 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, Esq r - 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 23 rd - 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 24 th - 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 Esq r - 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 Jona n - Hunt Esq r - 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 
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 Esq r - be, and he is hereby appointed a 
Justice of the Peace within and for the County of Windsor in the Room 
of Abel Curtis Esq r - 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 Esq r - 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. 








































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, Col - 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 Esq 1 - 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 26 th - 1783. 
Present, His Excellency Thomas Chittenden, Esq r - Governor. The 
Honorable Moses Robinson, Timothy BrOwnson, Jonas Fay, John Fas- 
set, Ira Allen and Samuel Safford, Esq rs - 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 Esq r - 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 Jon a - Brace Esq 1- - 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 Esq 1 '- who has removed out of the County. 1 Ordered, 
that the Clerk of said County Court enter the Names of the said Jon a - 
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 Esq 1- - 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 19 th - 1784. 

Council met, agreeable to the Adjournment of the General Assembly 
in October last. 

Present, His Excellency Thomas Chittenden, Esq r - Governor. The 
Honorable Moses Robinson, Tim - Brownson, Joseph Bowker, Jonas 
Fay, Sam 1 - Safford & John Fasset J r - Esq rs - Councillors. 

Adjourned to Tomorrow Morning, 9 o'Clock. 



Friday, February 20 th - 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 Esq r - 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 21 st - 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 23 rd - 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 24 th - 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 Maj r - 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 Esq r -, 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 25 th - 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 26 th - 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 27 th - 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 Esq r - be, and he is hereby appointed a 
Judge of the County Court for the County of Rutland, in the Room of 
Thomas Porter Esq 1 *- 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 2 d - Tax, re- 
questing that the said Order might be altered from the 2 d - to the 3 d - 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^- 27 th - 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 Esq r - 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 28 th - 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 26 th - 
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 
7 th - 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 M r - Strong, M r - Eobinson, M r - Wal- 
bridge, M r - Lyon and M r - 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 J r - 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 1 st - 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 1 st - 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 2 nd - 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 Esq r - 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 3 rd - 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 Esq r - 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 Esq rs - 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 4 th - 1784. 

Met according to Adjournment. 

An Act authenticating a Deed to Moses Robinson Esq r - 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 Col - Ira Allen, Administrator on the Estate of 
Cap 4 - [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 Doct r - William Gould, for the Sum of Twelve 
Pounds Lawful Money to be paid out of the 3 d - 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 29 th - 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 5 th - 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 6 th - 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 Esq 1- - 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 Esq r - for the Sum of Three Pounds, on the Hard Money Tax. 

Adjourned to Monday next, 9 o'Clock in the Morning. 



Monday, March 8 th - 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 Esq r - 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 8 th - 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 9 th - 1784. 

Met according to Adjournment. 

An Act determining the Bounds of Rutland County, having passed 
the General Assembly, was rec d -, 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 Esq r - 
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 10 th - 1784. 

Met according to Adjournment. 

Resolved, that the Treasurer pay unto Lieu 4 - Nathaniel Lawrence Two 
Pounds Twelve Shillings and Seven Pence Lawful Money, out of the 
Hard Money Tax. 

Resolved, that the Treasurer pay Joseph Fay Esq r - 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, Tho s Toeman, Depv- Secv- 

End of February Session, March 10 th - 1784. 



RECORD OF THE GOVERNOR AND COUNCIL 



AT A 



SPECIAL SESSION AT SHAFTSBURY, APRIL 12, 1784. 



In Council at Shaftsbury, April 12 th - 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 Hon ble 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 Oct r - 14 th 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 M r - 
Tichenor, M r - Tolman, M r Lyon, M r S. R. Bradley, M r Knight, M r - 
Brown, M r - Burton, M r - J. Bayley, M r Baldwin, M r - Enos and M r - 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 Esq r - was elected Governor — his Honor Paul Spooner 
Esq r - 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 Com ie " 

The aforesaid report was read and the declaration made by the Sheriff, 
of the persons Elected as aforesaid. 

Friday October 15 th - 1784. — His Excellency the Governor, Council and 
House of Representatives by joint ballot made choice of Ira Allen Esq r - 
Treasurer. 

His Excellency the Governor made a speech 1 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, 15 th October, 1784. 
Met according to Adjournment. 

Present, His Excellency Thomas Chittenden Esq r - 
His Honor Paul Spooner Esq r - 
Hon ble Moses Robinson 



Samuel Fletcher 
Ira Allen 
Peter Olcott & 
Thomas Porter Esq r 



Timothy Brownson 

Jonas Fay 

John Fassett Ju r - 

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 Esq r - Secretary of Council, dated the 6 th - 
Instant, requesting Leave to Retire from that office, and Recommending 
Thomas Tolman Esq r - 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 Esq r - be and he is hereby directed officially, to present Joseph Fay 
Esq r - with the Thanks of His Excellency the Gov r - His Hon r - the Deputy 
Governor and the Hon ble The Council of this State for the Rediness in 
which he has served them in the said office; And.that Thomas Tolman 
Esq r - be and he is hereby appointed Secretary of Council for the year 
Ensuing. 

Resolved that the H6n ble Jonas Fay Esq r - 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 Kec d from the Assembly, viz.— 

State of Vermont, In General Assembly, October 15 th - 1784. 
On Motion made to choose a Committee of Pay Table the Ballots be- 
ing Taken, the Hon ble Timothy Brownson Esq r - Captain Samuel Bartlet, 
and Thomas Tolman Esq r - were Elected. 

Attest, Ros L Hopkins, Clk. 

A Bill from the House appointing M r - Tichenor, M r - Mattucks, M r - 
Underwood, M r - Brown, and M r - 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 M r Robinson, M r - Porter & M r 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 16 th - 1784. 



Met according to Adjournment. 

Thomas Tolman Esq r - 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 16 th - 1784. J 

Resolved, that the Township Granted to Col - William Barton and 
Company by the General Assembly of this State in October 23 d 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. Ros L - Hopkins, ClJc. 

A Bill from the House viz*- 

State of Vermont. In Gen l - Assembly, Oct r - 16, 1784. 

Resolved, that a Committee of five be appointed to join a Committee 
from the Council to Take under consideration the 2 d 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, M r - Tichenor, M r - Clark, M r - Bradley, M r - Gates, 
and M r - Bayley. In consequence M r - Fletcher and M r - Olcott are ap- 
pointed from the Council to join the said Committee. 

In consequence of a Bill from the House appointing M r - Wells, M r - 
Leavens and M r - 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, M r - Robinson and M r - 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 23 d 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 Hon ble John Fassett Ju r - Esq r - 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 Rec d - 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 Rec d - 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 M r - Whipple, M r - Mattucks, M r - 
Bradley, M r Bayley and M r 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, M r Porter, and M> Emmons 
are appointed to join said Committee. 

Jonas Fay, Secy- P. T. 

Adjourned to 9 °'Clock Monday morning next. 



Monday, 18 th - 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 M r - 
Robinson and M r Fassett. 

A Bill from the House, viz. 

State of Vermont. In General Assembly, October 18 th - 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, 19 th October 1784. 

Council met according to Adjournment. 

M r Fletcher is appointed to join a Committee from the House on M r - 
Townsend's petition. 2 

The Hon ble John Throop Esq r - appeared and was qualified to his office 
of Councillor, and Took his Seat accordingly. 

M r - 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 27 th 1784, Representing that 
at a Legal meeting of the Inhabitants of said Town holden on the 7 th 
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 11 th 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 Gov r - 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 Am 1 of £143 18 5 was 
read and concurred. 

Adjourned to 8 ° Clock Tomorrow Morning. 2 

Thursday, 21 st October 1784. 

Met according to Adjournment. 

An Act constituting one Company of Cavalry within the Limits of 
the 5 th 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 Gov 1- - 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*- Gov 1 "- Paul Spooner was 
Elected chief Judge, & the Hon bL John Fassett Ju r - 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 Hon b] - John Fassett Ju r - & Thomas Por- 
ter Esq rs - as side Judges of the Superiour Court of this State for the year 
ensuing. 

A Bill from the House appointing M r - Mattucks, M r - Brown & M r - 
Chipman a Committee to join a Committee of Council, to Take under 
consideration [a remonstrance] signed Benjamin Thurber and others, 
against Col - Barret, being Read in Councif, Resolved that M r - Brown- 
son join s d 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. 

a The 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 22 d 1784. 
Met according to Adjournment. And Having Joined the House & 
Attended in Committee of the whole— Adjourned to 8 ° Clock Tomor- 
row Morning. 



Saturday, 23 d October 1784. 

Met according to Adjournment. 

A Letter from John Session [Sessions] Esq r - dated Westminster 11 th 
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 Esq r - be and he is hereby appointed 
chief Judge of the County Court for the County of Windham in the 
Room of John Sessions Esq r - Resigned. 

Resolved that John Bridgman Esq r - 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 Esq 1- - be and he is hereby appointed a 
Justice of^the Peace within and for the County of Windsor. 

Resolved that Samuel Mattucks Esq 1 '- be and he is hereby appointed a 
side Judge of the County Court for the County of Rutland in the Room 
of the Hon ble Joseph Bowker Esq r - 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 Esq 1- - be and he is hereby appointed a 
justice of the Peace within and for the County of Rutland." 

Resolved that Ebenezer Allen Esq 1 *- be and he is hereby appointed a 
justice of the Peace within and for the County of Rutland — Grand Isle. 

Resolved that Alexander Gordon Esq r - be and he is hereby appointed 
a Justice of the Peace in and for the County of Rutland — G. Isle. 

Resolved that John Hawkims Esq r - of Bridgewater, be and he is 
hereby appointed a Justice of the Peace within and for the County of 
Windsor. 

Resolved that Gamaliel Painter Esq r - 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 25 th 1784. 

Met according to Adjournment. 

An Act enabling Capt. Eben r - Wood sole Administrator on the Estate 
of Jeremiah Reed Dec d - to sel part of the said Estate, Rec d - 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 Rec d - 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 26 th - 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 Rec d - Read & approved. 2 

Resolved that the ace 4 - 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 Esq r - 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 26 th - 1784. $ 

Whereas Maj r - Elias Buel & his associates have by their Memorial to 
this Assembly,' Represented that on the 4 th 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 Survey 8 ) 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. Ros L 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 26 th Oct 1 - 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 Rec d - 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, Oct r - 27 th - 1784. 

Met according to Adjournment. 

Unanimously Resolved that this Council do take this method to rec- 
ommend to the Hon bIe 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, 27 th 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. Ros L - 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, 27 th October 1784. 

Resolved that this Council do Recommend it to the Hon b,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. Ros L - Hopkins, Glk. 

An Act impowering Beriah Green to sell part of the Estate of Elka- 
nah Stewart Deceased to the am*- of £62 10 was Read & approved. 

An Act constituting a New Town by the name of Middletown was 
Rec d - Read & approved. 

Adjourned to 8 ° Clock Tomorrow Morning. 



Thursday, 28 th October 1784. 

Met according to Adjournment. 

Resolved that the Treasurer be and is hereby directed to pay Micah 
Townsend Esq 1 *- 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 Rec d - Read & approved. 1 

Col 0, Isaac Clark & Maj r - James Brookins of the 5 th - Reg 1 - appeared & 
were qualified by oath to the faithful discharge of their offices — Also the 
Hon bL Luke Knoulton Esq r - & Samuel Mattucks Esq r - 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 Rec d - Read & approved. 

Adjourned to 8 °Clock Tomorrow Morning. 



Friday, October 29 th - 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 Rec d Read & approved. 

An Act, in addition to an Act, for Regulating Proprietors Meetings, 
was Rec d - 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 M r - 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 M r 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 16 th 1783. 
A petition signed by a Number of the Inhabitants of the Town of 
Springfield, praying that John Barret Esq r - 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 Esq r - be & he is 
hereby authorized to Prosecute the s d John Barret Esq r - by Impeaching 
him before the Governor and Council for Mai Administration. 

Extract from the Journals. Ros L - Hopkins, Clk. 

In General Assembly, October 29, 1784. 
Resolved that Samuel Knight Esq r - be and is hereby Requested to 
prosecute the impeachment against John Barret Esq r - for Mai Adminis- 
tration before the Governor & Council. 

Extract from the Journals. Ros 1 • 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 Dec d - to make 
a Conveyance of a Certain Piece or pieces of Land was Rec d - Read & 
approved. 

Resolved that the Treasurer be & is hereby directed to pay His Ex- 
cellency Thomas Chittenden Esq r - 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 Rec d - Read 
and approved. 

An Act Granting to the Several persons Therein Named a free Par- 
don for their Several Crimes therein discribed was Rec d - Read and ap- 
proved. 1 

Resolved that Thomas Tolman Esq r - be allowed £10 L Money p r - 
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 Hon ble Gen 1 - 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 Esq r - side Judge of the 
County Court in & for the County of Windham & justice of the Peace 
in & for said County — Also Benjamin Baldwin Esq r - Justice of the Peace 
in & for the County of Orange, were duly qualified to their Respective 
offices. 

Resolved that Noah White Esq r - 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 Esq r - 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 Hon ble Ira Allen Esq r - Ma- 
jor Joseph Fay & the Hon ble Jonas Fay Esq r - 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, Col - 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 Col - 
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 Col - Brownson & the Sec- 
retary of Council Determine & Diliver s d 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 Col - 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 11 th - of 
Sept r - 1777, which money he took from David Remington when said 
Remington was Taken as an Enemy to the United States as appears by 
a Rec 4 - 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 Oct r - 29 th 1784. 
Resolved that Col - 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 Esq r - 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 29 th - 1784. 



RETURN OF THE APPOINTMENT OF THE FIRST COUNCIL 

OF CENSORS. 

To His Excellency Thomas Chittenden Esq r - 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 Ilon ble 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 & Hum ble 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 6 th 1785. 

To His Excellency Thomas Chittenden, Esq r - Captain General, Gov- 
ernor and Commander in Chief in and over the State of Vermont: 
Agreeable to Your Excellency 8 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- 
lency 8 with the Names of the Gentlemen who were elected into that 
office, agreeable to the Return made your Excellency of the 6 th 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 Excellency 8 Most Obedient Hum ble Servant, 

Lewis Beebe. 
May 25 th - 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 2 d 1785. 

Present His Excellency Thomas Chittenden Esq r - His Honor Paul 
Spooner Esq r - Hon ble Thomas Moredock, Esq r - John Throop Esq. Ben- 
jamin Wait Esq 1- - Sheriff. 

There not being a sufficient number of the Council present to consti- 
tute a Quorum, 

Adjourned until 8 ° Clock Tomorrow Morning. 



Friday, June 3 d 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, 4 th June 1785. 
Met according to Adjournment. 

Present the Members attending yesterday,— There not being a Quorum 
Adjourned to 9 ° Clock Monday next. 



Monday, June 6 th 1785. 

Met according to Adjournment. 

Present. His Excellency, Thomas Chittenden Esq r - His Honor Paul 
Spooner, Esq r - The Hon ble Moses Robinson Peter Olcott Benjamin Em- 
mons Thomas Moredock Ira Allen & John Throop Esquires. 

There being no Secretary present Resolved that M r 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 Hon ble 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 Hon ble Moses Robinson Esq r - 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 Rec d - 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 Esq r - 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 7 th 1785. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - His Honor Paul 
Spooner Esq r - The Hon ble Moses Robinson Esq r - Peter Olcott Benjamin 
Emmons Thomas Moredock John Throop & Ira Allen Esq re - 

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 7 th 1785. 

On Motion made by M r - 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 M r Tichenor, M r - Chipman, M r Knight, M r - Weld & M r - 
Loomis. Extract from the Journals. 

Ros L - Hopkins, Clerk. 

A True Copy. Attest, D. Buck, Secv- P. T. 

Whereupon Resolved that the Hon ble Moses Robinson Esq r - & the 
Hon ble Ira Allen Esq r - 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 Rec d - from the Council of Censors, viz*- 

In Council of Censors 7 th - June 1785. 

Resolved that His Excellency & the Hon ble 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 M r 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 Esq r - 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 8 th June 1785. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - His Honor Paul 
Spooner Esq r - The Hon ble Moses Robinson Esq r - Peter Olcott Esq r - Ben- 
jamin Emmons Esq r - Thomas Moredock Esq r - John Throop Esq r - Ira 
Allen Esq r - & Samuel Fletcher Esq r - 

An Act entitled an Act Regulating the disposal of fees, fines and pen- 
alties was Rec d - 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 14 th 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 M r - 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 M r - 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 9 th 1785. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - His Honor Paul 
Spooner Esq 1 '- The Hon bl - Moses Kobinson Peter Olcott Thomas More- 
dock Benjamin Emmons Ira Allen John Throop & 'Samuel Fletcher 
Esq rs - 

On the petition of Joseph Hosford & Samuel Smith, Resolved that 
His Hon 1 *- 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 
M r - 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 Rec d - Read & 
approved. 

On a petition Signed Jehiel Webb Town Clerk of Rockingham; Re- 
solved that M r - Moredock be a Committee to join a Committee from the 
House to State facts and make Report. 

The following Bill was Rec d - from the House, viz*- 

State of Vermont. In General Assembly, June 8 th 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. Ros L 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 Rec d -; Read, & approved. 

An Act directing the form of passing Laws was Rec d - 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 Rec d: 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 16 th - 1783. 

A petition signed by a Number of the Inhabitants of Springfield pray- 
ing that John Barrit Esq r - 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 Esq r - 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. Ros L - 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 Esq r> Capt. General and Com- 
mander in chief, and Hon ble 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 Esq 1- - Attorney 
to the Hon ble the General Assembly of the State of Vermont, pursuent to 
the true intent and meaning of a Resolution passed in General Assembly 
October 16 th 1783, authorising" and empowering the said Attorney in be- 
half of the General Assembly to prosecute John Barret Esq r - 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 Esq r - 
in the Male Administration of his office as Justice of the Peace has done, 
viz*- For that Whereas the said John Barret Esq r - on the 20 th 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 Esq r - 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 Esq 1 "- 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 
Esq r ' confessed Judg*- on the same account, and the said Barret well 
knew the Same; And also for that whereas the said John Barret Esq r - 
did Corruptly oppressively and injuriously on the 20 th 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 Esq 1 - 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 3 d 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 Esq 1 "- 
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 9 th - 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 20 th 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 Esq r - 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, M r - Bradley for the General Assembly ap- 
peared and M r - 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 10 th 1785. 

Council met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq 1 - His Honor Paul 
Spooner Esq r Hon ble Petter Olcott Thomas Moredock B. Emmons Ira 
Allen John Throop Samuel Fletcher Jonas Fay & Samuel Safford Esq rs - 
Councilors. 

On a bill from the House appointing M r - Walbridge, M r Underwood, 
M r - Barlow and M r - 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 M r - Olcot join said Com- 
mittee. 

On a bill from the House appointing M r - Powel, M r - Olin, M r - Mat- 
tucks, M r - Clark, M r - Bullock, M r - Knoulton, M r - Brown, M 1 - Wild, and 
M r - 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 M r - Emmons join said Committee. 

On a bill from the House appointing M r - Strong, M r - Bayley, M r - Bar- 
low, M r - Walbridge & M r - 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 M r - Safford & M r - Fletcher 
join said Committee. 

Adjourned to 2 °Clock P. M. 

Met according to Adjournment. 

Resolved that Moses Robinson Esq r - 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 Esq 1 *- sent from the House for a 
Committee to join, Resolved that M r - Fay join said Committee. 

On the petition of Ruben Harmon Esq r - sent from the House for a 
Committee to join, Resolved that M r - 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 M r - Ormsby, M 1 - 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 M r - Moredock join said Committee. 

On a bill from the House appointing M r - Bullock, M r - Tichenor, Mr- 
Lee a Committee on the petition of M r - Child to join a Committee from 
Council to state facts and make report, Resolved that M r - Fay join said 
Committee. 

Adjourned to 8 °Clock Tomorrow Morning. 



Sattarday, June 11 th 1785. 

Council met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - Hon ble Paul 
Spooner Esq 1- - Hon ble Moses Robinson Jonas Fay Samuel Safford Ben- 
jamin Emmonds John Throop Samuel Fletcher Thomas Moredock Peter 
Olcott & Ira Allen, Esq rs - 

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 
M r - 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 M r Jacob in behalf of M r - 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, 13 th June 1785. 

Council met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - Gov r - His Honor 
Paul Spooner Esq r - 1> Gov 1 '- The IIon ble Moses Robinson Peter Olcott 
Jonas Fay Thomas Moredock Samuel Fletcher Samuel SafFord Ira Al- 
len & John Throop Esq rs - Council. 

Adjourned to 2 °Clock P. M. 

Met according to Adjournment, And Adjourned until Tomorrow 
Morning 8 °Clock. 



Tuesday, 14 th June 1785. 

Met according to Adjournment. 

An Act authorising Samuel Canfield of New Milford in the State of 
Connecticut Esq 1 - 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 Esq r - to join a Committee from the 
House, on the petition of Luke Knoulton Samuel Knight Esq rs - 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. 

M r - 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 Esq r - and M r - Fletcher be and 
they are hereby appointed a Committee to Tax a bill of cost in the case 
of Impeachment by the Hon ble House of Assembly vs. M 1 - Justice Barret. 

Adjourned to 8 °Clock Tomorrow Morning. 



Wednesday, Norwich 15 th June 1785. 
Met according to Adjournment. 

The following is the bill of cost Taxed in the cause of the General 
Assembly vs. M r - Justice Barret viz 4 - 



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 Clerks fees £0 6 

Summons 1 6 Attorn? 8 fees 1 10 

Service of do. 18 8 Travel & Att ce 18 6 

Subpceneas for 53 W— 4 d 17 8 Do. witnesses 6 2 

Service of do. p r - M r - Avery 3 12 

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 Jun r - Esq r - a Right of coining 
copper, and Regulating the same, was passed and concurred in Council. 
Adjourned to 8 ° Clock Tomorrow Morning. 



Thursday, 16 th - June 1785. 

Met according to Adjournment. 

An Act Levying two Taxes, one of 4 d - on the pound to be paid in State 
Securities, And one other Tax of 3 d - 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 16 th - 1785. 

Resolved that the Governor and Council be and they are hereby im- 
powered to give John Barret Esq r - 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 Esq 1- - be suspended in officiating 
in the office of Justice of the Peace until a final Trial can be had. 

Extract from the Journals. Ros L - Hopkins, Clk. 

Resolved that John Barret Esq r - 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 Esq 1- - 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. 

M r - Emmons is appointed a Committee to join a Committee from the 
House on the petition of John Mirick. 

M r - 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 Esq r - 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, 17 th - June 1785. 

Met according to Adjournment. 

Samuel Fletcher Esq r - 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 Esq r - — 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 

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 Esq r - 
Eight pounds L Money to be deducted from his sallary for the year 
1787. 1 £8 

Moses Robinson and Samuel Safford Esq rs - 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 
Esq r - for the use of his house &c. £10 

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, 18 th 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 Adm r - 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 Esq r - 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 M r - 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 W m - 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 p r - 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 p r - acre to be paid in hard money 
within one Month or Revert to the State. 

In Council June 18 th - 1785. 

Whereas by a Resolution passed in Council, October 16 th - 1784, dis- 
charging John Fasset Jun r - Esq r - 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 
Rec d - as Commissioner of Sequestration — The better to explain said 
Resolution, 

Resolved that said Resolution of Council passed the 16 th - 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, 13 th October 1785. 

Present His Excellency Thomas Chittenden Esq r -, His honor Paul 
Spooner Esq r - L* Gov r - Together with the Hon ble 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, viz 4 - 

Windsor Thursday October 13 th 1785. 
To His Excellency the Governor, and Council, and the Hon ble 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 Rec d - sorted and counted the votes of said Ereemen, they find 
the Election to be as follows; viz*- His Excellency Thomas Chittenden 
Esq r - Gov 1 "- His honor Paul Spooner Esq r - L 4 - Gov r - No choice of Treas- 
urer. The Honorable Timothy Brownson, Moses Robinson, Peter 01- 
cott, Thomas Moredock, Benjamin Emmons, Samuel Fletcher, John 
Eassett Ju r - John Throop, Thomas Porter, Samuel SafTord, Nathaniel 
Niles, & Samuel Mattucks, Esquires Councillors for the Ensuing year. 
Attest Moses Robinson, for Com tee - 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 14 th 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 Hon ble Ira Allen Esq r - was Elected. 

His Excellency the Governor & the Hon ble Council being present (ex- 
cept M r - Olcott & M r - 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 Gov r - & Council for the year Ensuing, and was accordingly 
sworn. 

A bill was rec d - from the General Assembly appointing M r Olin, Mr- 
Strong, M r - Knight, M r - Wait, and M r 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 M r - Robinson, M r - Eassett & M r - 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 Dec d - 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 Dec d - 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 M r - 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 s d - 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 Dec d - 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 Gen 1 - Assembly was Rec d - 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 rec d - & read. 

Resolved that M r - 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 Esq 1 '- 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 M 1 - 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 M r - 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 Dec d - 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 dec d - to sell part of the real Estate of said 
Ambler, having passed the General Assembly was Rec d - and Read & 
Concurred by Council. 

Adjourned to 8 °Clock Tomorrow. 



Saturday, October 15 th 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 Hon ble 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 afores d - 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 Adm rs on the Estate of Odel Squire late of Ferrisburgh Dec d - 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 Rec d - 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 M r - 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 M r - 
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 M r - 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 rec d - from the Council of Censors Impeaching Col - Mat- 
thew Lyon, "for refusing to diliver to y e order of this Board (viz.) the 
council of Censors, the Records of Confiscation," and was read. 

The Hon blc Peter Olcott Esq r - 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 viz L 
State of Vermont. In General Assembly, 17 Oct r - 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 M r - Bradley 
& M r White. Extract from the journals. 

Sign d: Ros L - 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 M r Niles and M r - Secretary compose said Committee. 

Resolved that a Committee be appointed to join a Committee ap- 
pointed from the Gen 1 - Assembly on the petition of Moses Robinson and 
John Fasset Esq rs - praying for Relief and redress in the Matter of a 
Loan of £543 12 made to the State by the said Moses Robinson thro 
the hands of the said John Fassett. Resolved that M r Niles join s d - 
Committee. 

Resolved that a Committee be appointed to join a Committee from the 
General Assembly to take under consideration the 8 th article in ar- 
angement of business — " to take into consideration the mode of Grant- 
ing County [Taxes]" and report thereon. Resolved that M r - Niles join 
s d - Committee. 

Resolved that a Committee be appointed to join a Committee ap- 
pointed by the General Assembly to take under consideration the 7 th 
article in the arangement of business which is "to make some regula- 
tion for the payment of debts due from Confiscated Estates." Resolved 
that M r Safford join said Committee. 

Resolved that a Committee be appointed to join a Committee ap- 
pointed from the General Assembly viz 1 - M r - Knight, M r - Olin, M r - Knoul- 
ton, M r - Chipman, & M r - 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 2 d "to make some 
regulations in the mode of Commencing & prosecuting causes in Eror," 
& make report. Members choosen M r - Robinson and M r - Fasset. 

The following order was Rec d - from the G. Assembly: 

State of Vermont. In General Assembly, ? 

17 th 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 Ros L - 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 
Rec d - 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 4 th Tuesday of August last, which deter- 
mines him to Servitude for Life, was rece d - 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. 

2 d — 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. 

3di y . — That the officers of the House attend punctually at the times of 
adjournment on penalty of being reduced to private stations. 

4thi y . — That no member being absent at roll call take his seat without 
liberty from the House. 

5thi y . — A nv 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 viz 1 - M r - Robinson, M r - Chipman, M r - Knoulton, M r Safford, and 
M r 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. Gov 1- - Spooner, M r Niles and M r Robinson. 

An act, Entitled an act, discribing the bounds of the County of Addi- 
son, having passed the General Assembly was Rec d - 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 18 th - 1785. 

Met according to Adjournment. 

Resolved that a Committee be appointed to join a Committee ap- 
pointed frem the General Assembly viz 4 - M r - Olin, M r - Chipman, M r 
Knight, M r - Marsh & M r - 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 22 d 1782, February 26 th - 1782, & October 23 d 1783, 
to Take the same into consideration and make Report to the General 
Assembly. Members ehoosen, M r - Fasset, M r - Olcott & M r - Robinson. 1 

Resolved that the Trial of Col - 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 Esq r - 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 
Rec 1 - 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 Esq r - appeared in Court when the foregoing 
Sentence of the Court was read, whereupon the said Matthew Lyon 
Esq 1- - 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 Hon ble 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 20 th - 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 19 th - 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 4 th article in arangement of the business, and make report. 
Members choosen M r Saffbrd and M r - 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 Hon ble Moses Robinson Esq r - 
was Elected chief Judge, & the Hon ,)le Paul Spooner, John Fassett Ju r 
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, Esq rs was Elected, And the 
Hon b,c Ira Allen Esq r - was Elected Surveyor General. 

An Act for dividing the Town of Dorset into Two distinct Parishes, 
having passed the General Assembly was Rec d - 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 Rec d - Read & 
Concurred. 

Resolved that a Committee be appointed to join a Committee ap- 
pointed by the General Assembly viz 4 - M r - Knoulton, M r - Wait and M r - 
Chamberlain, on the 7 th 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 hon r - Governor 
Spooner and M r - 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 M r - Fletcher. 

A Memorial from several Towns in the County of Rutland against the 
present act for Quieting Ancient Settlers, was re d - from the General As- 
sembly — Read and sent back by M r - Niles. 

Adjourneti to 2 °Clock P: M : 

Met according to Adjournment. 

On the Motion of his Hon 1- - 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 viz 1 - M r - Olin, M r - Higley, M r - Knight, 
M> Weld, & M r - White, " To Take into consideration the Situation of 
the several different hard money orders and Report their opinion" &c. 
Members choosen M r - Moredock & M r - 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 2 d p 1 '- acre on all the 
Lands in said Township for the purpose of Cutting Roads & building 
Bridges in s d - Township, to take the same into consideration & make 
Report to the Gen 1 - Assembly. Member choosen M r - Porter. 

Adjourned to 9 °Clock Tomorrow Morning. 



Thursday 20 th - [October] 1785. 

Met according to Adjournment. 

Resolved that a Committee be appointed to join a Committee ap- 
pointed from the General Assembly viz 4 - [Mr.] Ormsby, M r - Ward, M 1 
Knoulton, M 1 *- Wait and M 1 • 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 M r - 
Moredock & M r - Porter. 

Resolved that the account Exhibited by Hough & Spooner Printers to 
this State, for printing for the public from June 21> to September 14 th - 
inclusive 1785 to the am*- of <£33 18 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 viz 1 - M 1 - Olin, M 1 '- Ward, M 1 - Knight, 
M r - Wait, and M r - 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 & Rec d - 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 M r - 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 Adm r - on the Estate 
of Joseph Chamberlin late of Doughlas in the County of Worcester 
commonwealth of Massachusetts, having passed the General Assembly 
was Rec d - 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. M r - Robinson, & His Honour 
Paul Spooner Esq 1 '- 

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 dece d - 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 Rec d - 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 
dec d - 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 Gen 1 - Assembly 
was Rec d - Read & Concurred. 

Adjourned to 2 °Clock P: M: 

Met according to Adjournment. 

A verbal message was rec d - from the General Assembly by M r - 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 M r - 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 14 th - 1785, having passed the General Assembly 
was rec d - 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 M r Emmons. 

Resolved that a Committee be appointed to join a Committee ap- 
pointed from the Gen 1 - Assembly on the petition of Luke Knoulton Esq r - 
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 M r - Porter. 

Resolved that a Committee be appointed to join a Committee ap- 
pointed from the Gen 1 - Assembly on the petition of William Smead 
praying for the authentication of a Certain Deed not acknowledged by 
the Grantor (Israel Curtis.) Member choosen M r - Safford. 

Resolved that a Committee be appointed to join a Committee ap- 
pointed from the Gen 1 - 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 M r - Olcott. 

Resolved that a Committee be appoin d - to join a Committee appointed 
from the Gen 1 - 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 M r - 
Shumway, M r - Chip man, M r - Knoulton, M r - Tilden, & M r - Loomis. Mem- 
bers of Council His Honor the Deputy Gov r - & M r - Robinson. 

Adjourned to 8 °Clock Tomorrow Morning. 



88 Governor and Council — October 1785. 

Saturday 22 d - 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 M r - Niles & M r Robinson. 

An act, entitled " An act granting a pardon to Daniel Ashcraft V hav- 
ing passed the Gen 1 - Assembly was Rec d - 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 Rec d - 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 Col - 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 Rec d - 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 24 th - 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 viz 4 - " Begining at Underhil northwesterly Corner; Thence North 
36 Deg s - East six Miles, Thence south 54 deg s - 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, viz 1 . 
In General Assembly October 24 th - 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. 

Sign d - Roswell Hopkins, Clerk. 

An Act, empowering the Administrators to the Estate of Samuel 
Skinner late of Jamaica Dec d - to sell part of the real Estate of the [said] 
Samuel Skinner to the ammount of £35 — having passed the General 
Assembly was rec d - read and Concurred. 

Resolved that a Committee be appointed to join a Committee ap- 
pointed from the General Assembly, viz 1 M 1 Olin, M' Ward, & M r 
Shumway, on the petition of Eliza Elliot Executrix to the late will and 
Testiment of her husband Samuel Eliot Ju r - 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 M r - 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 Col - 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 M r 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 rec d - 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 viz 1 - 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 M r - Brownson be a Committee in lieu of M r - Olcott on 
the Petition ot [James] Aikin. 

M r - Robinson and Col - 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 
Esq 1 *- 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 II th day of June last, and that he pay cost of prosecution. 
Adjourned to 8 °Clock Tomorrow. 



Tuesday 25 th - October 1785. 

Met according to Adjournment. 

On Motion of M r 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 M r 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 rec d - 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 s d town (public Rights ex- 
cepted) for the purpose therein mentioned, having passed the General 
Assembly was Rec d - 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 rec d - read and Concurred. 

An act annexing the North part of Ira to Castleton, having passed the 
General Assembly was rec d - & read the 19 th - 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*- M r - Wait, M r - Marsh, M r Loomis 
& M r 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 M r 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, Esq r - Chief Judge ; Ira 
Allen, Gamaliel Painter, William Brush, & Amos Fassett, Esq rs - Side 
Judges; Hon ble John Strong, Esq r - J. Probate; Noah Chittenden, Esq r - 
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 Esq rs . 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 rec d - 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 M r Fletcher & M r 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 25 th - 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 Rec d - 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 M r - Safford- be appointed a Committee in lieu of M r - 
Nilcs on M r [Elijah] Wests petition. 

The following Bill from the Gen 1 - Assembly was Rec d - viz 1 - 

In General Assembly Oct or - 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. Signe d - Ros L 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 u an 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 2 d - p r - acre on Ferrisburg, 
be concurred with the addition of a paragraph drawn by Col - Allen. 

An act for the purpose of Levying a Tax of three pence on the pound, 
having passed the General Assembly was rec d - Read and Concurred. 

An act for the purpose of Levying a Tax of one penny p r - acre on all 
the lands in the Town of Hartland in the County of Windsor, having 
passed the General Assembly was Rec d - 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 Rec d - 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 M r - Fletcher & M 1 - 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 rec d - 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 17 th - 1783, 



Governor and Council — October 1785. 93 

having passed the General Assembly was rec d - 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 rec d - read & concurred. 

Resolved that the Treasurer be directed to pay unto Israel Smith Esq 1- - 
the sum of two pounds Twelve shillings & 4 d - 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, viz f - 

The Impeachment £0 15 0"| 

two Attorney fees 15s 1 10 j 

one supoona 4 This bill was examined and 

service 2 G [Taxed by the Hon ble Samuel 

one Travel six Miles 10 

Attendence 1 day 3 



Fletcher and Thomas Porter 
Esq rs - by order of Council. 



£2 12 4, 

Attest, Thomas Tolman tSecv- 



True Copy Exam' 1 - Joseph Fay Secy- 
Adjourned to 8 °Clock Tomorrow. 



Thursday 27 th - October 1785. 

Met according to Adjournment. 

Resolved that the Draft of a bill brought in by M r - 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 rec d - 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 Esq 1- - 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 ree d - Read and Concurred. 

An act against taking or Destroying white pine Timber, or any other 
valuable Timber, having passed the General Assembly was rec d - read 
and Concurred. 

Two Acts formerly specified as originating in this Council concerning 
Coins & Currency, having passed the General Assembly was rec d - read 
and approved. 

An Act to Continue in force the Laws of this State having passed the 
House was rec d - Read and Concurred. 

A petition Signed Eleazer Sternes a prisoner in Bennington Goal dated 
the 13 th - Instant was rec d - 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 Rec d - Read & Concurred. 

An act for the purpose of Levying a Land Tax on the Town of N. 
Haven, having passed the General Assembly, was rec d - 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 
rec d - 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 Esq r -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 rec d - read & concurred. ' 

An act in addition to An act entitled an act regulating Sheriffs in 
their office & Duty having passed the Gen 1 - Assembly was rec d - 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 s d - 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 rec d - 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 p r - 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 Rec d - from the General Assembly as follows viz 1 - 

In Genekal Assembly, October 27 th - 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. 

Sign d - Ros LL Hopkins, Clerk. 

Copy Exam d - Joseph Fay, Secy- 

The bill of Cost in the Cause of Col - Barrets impeachment on the 
Trial being Committed to M r - Niles and M r - Fletcher to examine & Tax, 
[is] as follows to the amount of £11 19 viz 1 - [A blank left for items 
on the record is not filled.] 

An act was rec d - for Annulling the Surveys of the Surveyor General, 
& directing a discontinuation of such Survey 8 - whereupon the following 
Resolution was passed in Council, viz 1 - 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 28 th - 1785. 1 

Met according to Adjournment. 

Resolved that Ira Allen Esq r - 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 Esq r - 
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 Esq r - 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 23 d - 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 viz 1 - 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 p r - 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 20 s - p r - 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. 

Sign d . Roswell Hopkins, Clerk. 

Whereas the Legislature did on the 27 th - 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 Esq r - Major John Barron, & 
Benjamin Bawldwin Esq r - 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 Exam d - Thomas Tolman, Secy- 

Joseph Fay, Secy- 



Arlington 27 January 1786. 

The Commissions of Addison County Issued &> dated October 25 th - 
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 27 th - 178G. 
Noah Chittenden Esq 1 "- Sheriff of Addison County as principle, and 
His Excelleney Thomas Chittenden Esq 1 "- & M r - 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 28 th - November 1785 
to October 10 th - 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 25 th - 1786. 

Present His Excellency Thomas Chittenden Esq r - Gov r - His Honor 
Paul Spooner Esq r - L. Gov r > & the Hon ble Peter Olcott Benjamin Em- 
mons Thomas Murdock John Throop Thomas Porter and Samuel Mat- 
tocks Esq rs - 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 Esq rs - be appointed 
a Committee to Examine the accounts of James Whitelaw & Col 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 Esq r - Benjamin Emmons, & John Throop 
Esq r - 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 27 th - 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 28 th - 1786. 

Met according to Adjournment, and Adjourned to 2 °Clock P: M. 

Met according to Adjournment. 

Resolved thatM r> 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 Esq 1- - 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,] Esq 1 '- 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, Turnersburg 11 [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^ M r - 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 Esq r - 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 Impro vts - & 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 26 th - 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 Am 1 of 
.£22 8 and that the Secretary Sign the same. 

Resolved that the Treasurer be & he is hereby directed to pay M r 
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 Esq 1- - Principle, and Nathaniel Niles Esq r - & Col - 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 Exam d & compar d - 



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 178G 3 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, 12 th Oct r - 1780. 

Present His Excellency Thomas Chittenden Esq 1 "- Gov 1- - His Honor 
Paul Spooner Esq 1- - L* Gov- and the following members of the Hon ble 
Council viz* Hon ble Moses Robinson Esq r - Timothy Brownson Samuel 
Fletcher Samuel Safford Benjamin Emmons Thomas Porter & Samuel 
Mattocks Esq rsl 

Resolved that the Hon bIe 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 Esq 1 "- 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 Esq r - 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*- 

Hon blc Samuel Safford Esq r - 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 13 th 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, Mess rs - 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 Esq r - was declared to be Elected J> Gov- 
ernor, & the Hon ble Samuel Mattocks Esq r - General Treasurer for the 
Ensuing year. 

His Excellency Thomas Chittenden Esq r - was duly qualified by taking 
the necessary oath of office, also the following members of the Hon ble 
Council viz*- Hon ble Timothy Brownson Esq r - Samuel Fletcher Thomas 
Porter Samuel Safford, Samuel Mattocks & John Strong Esq rs - 

Adjourned to 2 °Clock P: M: 

Met according to Adjournment. 

A Bill from the House was rec d - appointing M r Dewey, M r - Marvin, 
M r Painter. M r - Burt, M r Brigham, and M r 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 Hon ble Moses Robin- 
son Esq 1 "- was elected chief judge; And the Hon b,e Paul Spooner Esq r 
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, 14 th - October 1780. 

Council met according to Adjournment. 

Resolved that M r Fletcher and M r 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 Hon ble Nathaniel Niles Esq r - Nath 1 - Chipman & Luke 
Knoulton Esq rs - was Elected. 

A Letter was rec d - from the Hon ble Nath 1 - Niles Esq r - purporting his 
resignation as a member of Council, which [was] accordingly Accepted 
by His Excellency the Governor; And the Hon ble Benjamin Emmons 
Esq 1- - was Elected as member of Council in his Room. 1 

Hon ble Samuel Mattocks Esq 1- - 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 
Hon ble 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, 10 th October 1786. 

Met according to Adjournment. 

The petition of Major William Goodrich was rec d - 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 
M r - Safford join the aforesaid Committee for the purposes therein men- 
tioned. 

Council Adjourned to 9 °Clock Tomorrow Morning. 



Tuesday, 17 th - October 1786. 

Met according to Adjournment. 

The petition of Isaac Miller Ju r - William Miller and others, Inhabit- 
ants of Dnmmerston, was read, a Committee from the House being ap- 
pointed; Resolved that M r Saftbrd join said Committee for the purposes 
therein mentioned. 

A motion from Thomas Chandler Esq 1 - 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 M r Brownson join said 
Committee. 

A Bill from the House was rec d - appointing a Committee of six to join 
a Committee of Council to take into consideration the 1 L & 2 d - article of 
the arangement; Resolved that M r - Strong and M r - 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 M r - 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 M r - 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 M r Safford join said Committee. 

The Hon blc Thomas Murdock, Peter Olcott & Jacob Bayley was duly 
qualified and took their Seats in Council accordingly. 

Resolved that M r - Olcott & M r 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 M r - President 
Wheelock, to His Excellency, to be communicated to the Hon ble 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 M r - 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 M r - 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 M r Bayley and M r - Fletcher join said Committee. 

On a Bill from the House appointing a Committee to join a Oomm u 
of Council to take into consideration the mode of Granting a County 
Tax, Resolved that M r - 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 M r - 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 M r - 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 M r - Fletcher, M r - Murdock, 
M r - Porter, & M r - Bavley join said Committee. 1 ■ 

Adjourned to 2 °Clock P. M. 

Met according to Adjournment. 

A Request was rec d - 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 M r - 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 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 
M r Safford and M r 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 M r - Strong and M r - 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 
rec d - 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 W m - 
Fitch Dec d - was read & Concurred. 

An act authenticating a Certain deed Given to Gills [Giles] Alexander 
by Plunking Wentworth Esq r - was r e c d - read and Concurred. 

Resolved that the Hon ble John Fassett Jun r - Esq r - be & he is hereby 
appointed a Member of Council in Lieu of Samuel Mattocks Esq r - Re- 
signed. 2 

A Bill from the House: 

In General Assembly October 2P- 178G. 
Resolved that Thursday the 30 th - 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 Exam d - Joseph Fay, Secy- 

An act impowering the Judge of Probate for Westminster district, to 
prove the will of Samuel Wells Esq r - was rec d - 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 rec d - read & Concurred, with some Amendments. 

An act empowering the Selectmen of Reuport to Levy a Tax of one 
penny p r - 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 Hon ble Benjamin Emmons Esq r - having Resigned his office as 
Member of Council and the Same being accepted, Isaac Tichenor Esq r - 
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 M r Bayley & 
M r 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 M r Tichenor join said Committee. 

An act empowering the Administrator to the Estate of Jacob Lindsey 
Dee d - 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 M r - Olcott join said Committee. 

Council Adjourned to 10 °Clock Monday next. 



Monday 23 d - 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 Nath 1 . 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 
M r Wal bridge join said Committee. 

Adjourned to 9 °Clock Tomorrow Morning. 



Tuesday 24 th - 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 M r - Fletcher join said Committee. 

An'act Limitting the Time of Holding County offices was Read & 
passed. 

The petition of Elizabeth Eliot was read and M r - 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 M r - 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 rec d - 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 s d - Town of one penny p r - acre was read & approved. 

An act Levying a land Tax of one penny p r - acre of the Town of 
Wesi minster was read and approved. 

An act impowering Samuel Williams adminis r - on the Estate of E. 
Davis dec d - 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- 
ec n - in said States, was read, and an amendment [made] & Returned 
to the House. 1 

An Act, Granting Reuben Harmon Jun r - Esq r - 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 s d - 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 2 d - on Each acre of Land was 
read & approved, with the above amendment. 

Adjourned to 9 °Clock Tomorrow. 



Wednesday 25 th - October 1786. 

Council met according to Adjournment. 

An act Granting a Tax in the Town of Reyagate of one penny p r - 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 M r Walbridge join Guildhal Committee in Lieu of M r 
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 Esq r - 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 M rs - 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 M r - 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 Hon ble Ira Allen Esq 1- - Respecting a Commercial 
Treaty with the Province of Canada & Great Britain requesting that 
M 1 - Levi. Allen be appointed in Lieu of Joseph Fay resigned, Therefore 
resolved that M r - 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 27 th - October 1786. 

Council met according to Adjournment. 

On the motion of M 1 '- 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 

M r - 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 Esq 1 & 
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 Sign d - 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 -sign d - by order of Council. 

Joseph Pay Secv- 

An order drawn in favour of Briant Brown Esq r - for £2 10 to be paid 
out of the Hard Money Taxes signed p r - 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 dec d - 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 rec d - 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 Esq r - & Samuel Mat- 
tocks Esq r - relative to Transfering the Treasury, Resolved that M r - Saf- 
ford and M r - 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 viz 1 - 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 viz 1 - 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 Rec d - as follows: 

In General Assembly, Oct 1 * 31 1786. 

This House have rec d - a Message from the Hon l)le Council in the words 
following, viz*- u The 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. 

p r - 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 M r - Marvin 
be directed to acquaint the Hon 1)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 Esq r - be & he is hereby appointed one of 
the judges of the Court in and for the County of Addison, in lieu of Ira 
Allen Esq 1- - 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 M r Bell for .£1 10 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 M r Tichenor and 
M r - Safford join said Committee. 

Couneil Adjourned to 8 °Clock Tomorrow. 1 



Wednesday November l t: 178G. 

Couneil met according to Adjournment. 

Hon ble Samuel Mattocks Esq 1 '- 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 viz 1 - 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 Esq r - Gov r - and the fol- 
lowing members of the Hon ble Council, Hon ble Timothy Brownson Samuel 
Fletcher John Fassett Thomas Murdock, Peter Olcott Samuel Satford 
Ebenezer Walbridge Jonathan Hunt John Strong Esq rs - & Joseph Fay 
Esq r - Secy- & Jonas Galusha Esq r - 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. 

Hon ble 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 Esq r - 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 16 th 1787. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - Gov- and the fol- 
lowing members of the Honorable Council viz 4 - Timothy Brownson 
Samuel Fletcher John Fassett Thomas Murdock Peter Olcott Samuel 
Safford Ebenezer Walbridge Jonathan Hunt John Strong and Isaac 
Tichenor Esq rs - Joseph Fay Esq r - Secv- & Jonas Galusha Esq 1 - Sheriff. 

The following Letters were read in Council viz*- one from Levi Allen 
Esq r - 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 Hon ble W m - Smith chief Justice of the Province of Quebec 
Relative to his lands in this State with a Stating of the same by John 
Kelly Esq 1- - 1 ; one Letter from the Selectmen & Town Clerk of Dorset 
appointing M r - Shumway a Justice of the Peace — one Letter from 
William Brush Esq r - 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 Esq r - 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*- M r - Dewey, Mr- 
Samuel Lane, M r - Bridgeman, M r - Emmons, and M r - Steel, to join a Com- 
mittee from the Council to take into Consideration the Letters from Levi 
Allen Esq r - & the Hon b,e William Smith chief Justice in the Province of 
Quebec, to State facts & make report to the House; Resolved that M r 
Tichenor, M r - Olcott & M r - Strong join the above Committee forthe pur- 
pose Mentioned Above. 

Adjourned to 2 °Clock P: M: 

Met according to Adjournment. 

Resolved that M r - 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, 17 th Feby- 1787. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - Gov r - and the fol- 
lowing members of the Hon blc 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 Esq r - SecP- Jonas Galusha Esq r - 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 M r Brownson M r Dewey & M r - Bridgeman being ap- 
pointed a Committee to join a Committee of Council, Resolved that M r - 
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 M r - 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 M r - 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 Esq r - 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 M r - Tichenor wait on the General Assembly 
with said petition. 

The petition of Royal Tyler Esq r - having been read in the General 
Assembly & M r - Goodrich, M r Brownson, M r - Chipman, M r - Marvin, M r - 
Hall, M 1 - Lane, M r - Freeman, M r - Bridgeman, M r - Weld, M r - Brigham, 
M r Steel, & M 1 '- Peirce being appointed a Committee to join a Commit- 
tee of Council, Whereupon Resolved, that M r - Hunt, M r - Olcott & M r 
Tichenor join said Committee. 

The following report of Committee was Rec d from the House viz 4 - 
Your Committee to whom was refered the Letter from the Hon blc Will- 
iam Smith Esq 1- - to His Excellencj' the Gov r - 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 M r - 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 Com tee - 

1 In the Assembly journal this is described as " a petition signed 
Benj a - Randall, Lieut. Col - 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, Ros L 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 Esq r - Gov- His Honor 
Joseph Marsh Esq r - Lieu*- Governor & the following members of* the 
Hon ble Council, viz 1 - Hon ble Samuel Fletcher Peter Olcott Samuel Saf- 
ford Jacob Bayley Ebenezer Walbridge Jonathan Hunt Isaac Tichenor 
John Strong Thomas Murdock & Timothy Brownson Esq rs - Joseph Fay 
Esq r - 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 Hon ble General 
Assembly as an amendment to said act that the following words be 
erased viz*- u for any Bum or Sums of Money, Goods or Liquors. 1 " 11 

An act Respecting Fences was Rec d - & 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 19 th - Feb*- 1787. 

The Inclosed petitions from "N - 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, M r - Stevens, M 1 - Brown, M r - Wood, M. r - Weld & M r - Peirce. 

Attest, Ros L - 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 
viz 1 - Pittsford, Barnard, Hartland, Heading, Brandon, Windsor & Hart- 
land, and one from a number of Inhabitents from the County of Rut- 
land. Resolved that M r - Fletcher, M 1 - Walbridge & M 1 '- 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. M r - 
Brownson, M 1 '- Hall, & M 1 - Goodrich, Resolved that M r - Tichenor, M 1 - 
Bayley & M r - Strong join said Committee. 

An act for dividing this State into Probate districts was rec d - & 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 rec d - read and Concurred. 

An act directing Constables in their office & duty, having passed the 
house, was Rec d - Read & approved. 

An act regulating Perry 8 & Ferriages having passed the House was 
rec d - read & Concurred. 

An act directing the Proceedings against Forcible Entry & Detainer, 
having passed the House was rec d - read & Concurred. 

An act for the punishment of theft Having passed the General Assem- 
bly was rec d - 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 rec d - read & Concurred. 

An act for Surpressing Lotteries [without special license from the 
Legislature] Having passed the General Assembly was rec d - read & 
Concurred. 

An act concerning Sudden and untimely Deaths [requiring jury of 
inquest,] having passed the General Assembly was rec d - read & Con- 
curred. 

An act Enabling Towns to Tax themselves having passed the General 
xVssembly was rec d - read & Concurred. 

An act impowering Eli Cogswel Esq r - to Sell part of the real Estate of 
Justice Hecock [Justus Hickok] Dec d - having passed the General As- 
sembly was rec d - read and Concurred. 

Adjourned to 9 °Clock Tomorrow. 



Tuesday 20 February 1787. 

Council Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - Gov 1- - His Honor 
Joseph Marsh Esq r - L l Gov r - The Hon ble 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 Esq r - Sec?- & Jonas Galusha 
Esq r - Sheriff. 

x One 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 M r Brown who is appointed to prefer said peti- 
tion, Together with a Letter from M r - 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*- M 1 '- Goodrich, M r B. Burt, & M 1 '- 
Cook to join a Committee from the Council, Resolved that M r Bayley 
and M 1 '- 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 & M r - Dewey M r Brownson <fc M> Parkhurst ap- 
pointed as a Committee to join a Committee of Council to Take the 
Same into Consideration, Resolved that M r - 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 rec d - 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 Hon ble William Smith Esq r - 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 Esq 1- - was 
read having been read in General Assembly, & M r Goodrich, M r - Marsh, 
M r Hall, M r - Jewel, M r - Emmons, and M r Bliss being appointed a Com- 
mittee to join a Committee of Council, Resolved that M r - 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* M r 
Jewet, M r - Brownson, M r Weld, & [M r ] Sheldon, the same being read in 
Council, Resolved that M r 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 
& M r - Gray, M r - Emmons, M r - Wells & M' Pierce appointed as a Com- 
mittee to join a Committee of Council, whereupon Resolved that M r - 
Tichenor & M r Olcott join said Committee. 

A petition Signed Asa Whitcomb and his associates was read having 
been read in General Assembly, & M 1 Bart, M r Sheldon, and M 1 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 Esq r - L* Gov r - and the following members of the Hon 1),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 Esq rs - Joseph Fay Esq r - 
Secy- Jonas Galusha Esq r - Stiff. 

A Bill from the House was rec d - appointing a Committee of six viz. M l - 
Dewey, M r - Marvin, M r - [Samuel] Lane, M r Bridgman, M 1 - Brigham 
& M r - 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 M 1 - 
Tichenor M r - Bayley & M 1 - Walbridge join said Committee. 

An act for Taxing Land in Wallingford and Jackson's Gore was Rec d 
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 Esq 1 '- Gov 1 - His Honor 
Joseph Marsh I> Gov 1 - And the following members of the Hon b,e Coun- 
cil viz 1 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 Esq rs - Jo- 
seph Fay Secy- & Jonas Galusha Esq 1 "- 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 
Hon ble 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*- M r - Dewey, M 1 - Higby, M r - Hall, M r - Burt, 
M r - B. Brown & M 1 *- Bliss, Resolved that M 1 - Strong and M r - Bayley 
join said Committee. 

A Stating of Certain facts by the Hon bIc Ira Allen was read and or- 
dered to be sent to the Hon 1,lc General Assembly. 

A petition Signed W m - 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, & M r - Stevens, 
M 1 - Ward & M 1 *- Thompson, appointed as a Committee to join a Com- 
mittee of Council, to Take the same under Consideration and make re- 
port, Resolved that M 1 • 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 M 1 '- Bridgeman, M 1 '- Weld, and M 1 - B. Brown. 

The above bill being read in Council, Resolved, that M r - Hunt and M r - 
Tichenor join s d - Committee for the above purposes. 

A bill from the House was read appointing a Committee of six to join 
a Committee of Council viz*- M 1 - Goodrich, Judge Ward, M 1 - P. Brown, 
M 1 "- Wood, M 1 - Emmons & M 1 - Rosbrook, to bring a bill for the Settle- 
ment of Debts due from Confiscated Estates, Resolved that M r - Olcott & 
M r - 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] Facias 8 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 M r - Murdock join the Committee on Each of said Petitions; 
the Members choosen from the House on Randolph Petition, M r - Dewey, 
M 1 • Brownson, & Mr. Parkhurst. 

Sundry Letters from the Consul of France, M r - St. John [de Creve- 
coeur] was read & refered to the Hon ble General Assembly for their 
Consideration. 

Adjourned to 9 °Clock Tomorrow. 



Bennington 23 Feb'' 1787. 

Council met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq 1 '- Gov 1 '- His Honor 
Joseph Marsh Esq 1 '- L* Gov 1 '- and the following Members of the Hon b,e 
Council viz 4 - Timothy Brownson John Fassett Samuel Fletcher Peter 
Olcott Thomas Murdock Jacob Bayley Ebenezer Walbridge Jonathan 
Hunt John Strong and Isaac Tichenor Esq rs - Joseph Fay Esq 1 '- Secy- 
Jonas Galusha Esq 1 "- Sheriff. 

A Letter from the Hon l,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 Ins 1 - 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 Hon blc 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 M 1 '• Brownson, M 1 '- Bayley & M 1 - 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 Hon ble General [Ethan] Allen having been laid before the 
General Assembly, and Committee of three viz. M 1 '- Chipman, M l - Mar- 
vin, & M 1 '- B. Brown, appointed to join a Committee of Council to State 
facts & make report, Resolved that M 1 • 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*- M r - Goodrich, M> Marvin, M 1 - P. Brown, Mr- 
Cook, M r - Brigham & M r - Peirce, to Take into Consideration the propo- 
sals of the Hon bU ' President Wheelock &c. Resolved that M 1 - Marsh, 
M 1 - Olcott, & M 1 - 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 24 th - February 1787. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq 1 "- Gov 1 '- His Honor 
Joseph Marsh Esq 1 - I> Gov 1 "- Hon ble Timothy Brownson John Fassett 
Peter Olcott Thomas Murdock Samuel Fletcher Ebenezer Walbridge 
Jacob Bayley Jonathan Hunt John Strong & Isaac Tichenor Esq rs - Jo- 
seph Fay Esq 1 - Secv- Jonas Galusha Esq r - 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*- M 1 - Speaker [Gideon Olin,] M 1 '- Brigham, & M r - Dewey, 
Resolved that M 1 *- 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 Hon ble General Assembly by a member, 
viz*- M r - Dewey, requesting the Governor and Council to join in Grand 
Committee, to Take into consideration the report of a Committee ap- 
pointed on Letters rec d - 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 Hon ble 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 Hon le John Fassett Esquire, Timothy Brown- 
son Esq 1 - & the Hon ble E. Walbridge Esq r - 

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 Hon ble Ira Allen Esq r - 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 Hon b,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 Hon ble 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, 
viz 1 - u And 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 viz f - " of the freehold- 
ers of the vicinity" as marked in the bill. 

A petition Sign d - 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*- M r - Brownson, Mr- B. Brown, & M 1 - Dewey, Resolved 
that M 1 '- 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 M r - Tichenor on the Recommendation of the Hon b,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 Esq 1 "- Gov 1 - His Honor 
Joseph Marsh Esq 1 '- D. Gov 1 '- and the following Members of the Hon 1 ' 1 " 
Council viz 1 - 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 Esq 1 - Secy- Jonas Galusha Esq r - Sheriff. 

Resolved that the Hon blc John Fassett Esq 1 *- Joseph Fay Esq r - & 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 
Gen 1 - 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 
M 1 - Hall, M r - Stevens, & M 1 '- B. Brown, to join a Committee of Council, 
Resolved that M 1 - 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 Esq rs - be a 
Committee to amend the several drafts proposed for a Proclamation. 

Adjourned to nine °Clock Tomorrow. 



Tuesday 27 th - Feb?- 1787. 
Met according to Adjournment. 

Present His Excellencj" Thomas Chittenden Esq 1 *- Gov 1 "- His Honor 
Joseph Marsh Esq r - L* Gov r - And the following Members of the Hon ble 
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 Esq rs - Joseph 
Fay Esq 1 "- Secy- Jonas Galusha Esq 1 '- Sheriff: 

Letter to William Brush Esq r - 
Sir — I am directed by His Excellency the Governor and Hon ble 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 rec d - and ac- 
cepted, & that the Governor and Council return you their thanks for 
your Services in said office. 

I am Sir Your Ob*- Hum ble 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*- M r - Park- 
hurst, M r - Mott, and M r - Wells, Resolved that M r - 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 Hon ble 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 Hon ble 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 Esq r - His Honor Joseph 
Marsh Esq r - I> Gov- and the following Members of the Hon ble Council 
viz. Timothy Brownson John Fasset^Peter Olcott Thomas Murdock 
Jacob Bayley Samuel Fletcher Samuel Saftbrd Ebenezer Walbridge 
Jonathan Hunt John Strong & Isaac Tichenor Esq rs - Joseph Fay Esq 1 "- 
Secy- Jonas Galusha Esq r - 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 Esq 1- - Gov r - His honor Jo- 
seph Marsh Esq r - L*- Gov 1- - and the following Members of the Hon blc 
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 Esq rs - Joseph Fay 
Esq r - Sec^- Jonas Galusha Esq r - 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 3 d Do. 

Colonel Isaac Clark 4 Do. 

Col - Israel Morey . 5 Do. 

Col - 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 1 st 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 M r Brownson & M r 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 Esq r - Surveyor General be & he is hereby 
directed to pay to Bliss Willoughby thirty-two pounds, thirteen shillings 
& Two pence agreeable to s d - Willoughby 8 bill this day Exhibitted and 
payment ordered on the back of said bill. 

£32 13 2. Attest, Jos. Fay Secv- 

On Motion of the Hon ble Judge Robinson in behalf of Daniel and 
Timothy Brown Esq rs - for a determination in the dispute Subsisting 
and now before the Council between said Brown and the Hon ble Ira Al- 
len Esq r - Relative to the Grant of the Town of Brownington, the ques- 
tion on the motion of M r Tichenor was put wheather the General As- 
sembly had a right to Grant s d - 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 Hon ble 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 Hon ble John Strong moved for Leave to Retire from Council on 
ace 1 - of Attending the Court for the County of Addison. Ordered that 
he have Leave to Retire agreeable to his request. 

The Hon ble Thomas Porter Esq r - 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 Hon ble General Assem- 
bly for apprehending certain characters therein named, Insurgents in 
the Commonwealth of Massachusetts, the yeas and nays, being Taken 
on motion of M r - Tichnor, are as follows: Yeas — M r - Marsh 2 M r - Tich- 
nor M r - Walbridge M r - Bayley M 1 - Hunt Mr- Safford M r - Porter & M r - 
Olcott. Nays— M 1 - Fletcher M r - Murdock M r - Fasset & M r - 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 2 d March 1787. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - Hon ble Joseph 
Marsh Esq 1 '- I> Gov 1 "- Timothy Brownson Samuel Fletcher John Fas- 
sett Thomas Murdock Peter Olcott Jacob Bayley Samuel Safford 
Thomas Porter Ebenezer Walbridge Jonathan Hunt & Isaac Tichenor 
Esq rs - Joseph Fay Esq 1 '- Secy- Jonas Galusha Esq 1 '- 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 M 1 '- 
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 Hon ble 
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 2 d - 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 & M 1 '- Burt, M r - Wells & M r - Cook being appointed 
to join a Committee of Council to Take said petition with the remon- 
strance against Granting the prayer thereof, Resolved that M 1 '- Olcott 
join said Committee for the purposes aforesaid. 

On application to this Council by M 1 '- Timothy Phelps, requesting that 
Jonathan Hunt Esq r - be directed to Diliver up a certain Note of Hand 
given him by Charles Phelps Ju r - 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 & M r - Brownson, M r - Goodrich & M r - 
Bridgeman being appointed a Committee to join a Committee of Coun- 
cil, Resolved that M r - Safford join said Committee. 1 

A petition signed Jethro Jackson was read having been laid before the 
General Assembly and M r Bridgeman, M 1 '- B. Burt, and M 1 - 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 
M r Murdock join said Committee. 

A petition Signed Benjamin Warner praying for Confirmation of a 
Deed which is lost. Executed to him by M r - [Ephraim] Cowen, was read 
& Resolved, that M r 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 M r - Brownson, M r - Brig- 
ham, M 1 - Marvin. M r - Butterfield, M r Bridgeman, and M r - Bliss, to join 
a Committee from the Council, Resolved that M r - Tichenor, M r - Hunt, 
& M 1 *- 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 Esq rs - and others was read, and M 1 - Tichenor, M 1 - Walbridge & 
M 1 '- 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 3 d March 1787. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq 1 - His Honor Joseph 
Marsh Esq r - And the following Members of the Hon ble Council, Timo- 
thy Brownson Samuel Fletcher Peter Olcott Thomas Murdock Jacob 
Bayley Samuel Safford Thomas Porter Ebenezer Walbridge Jonathan 
Hunt & Isaac Tichenor Esq rs - 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 Adm 1 '- on the Estate of Elijah 
Galusha Dec d - 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. 

Hon ble John Fassett Esq 1 - 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 M r - Brownson they are as fol- 
lows : Teas— M r - Walbridge M 1 - Safford M r Bayley M r - Marsh M 1 - 
Moredock & M r - Hunt. Nays— M r - Fletcher M r - 'Olcott & M r - 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, M r - Dewey, M 1 - 

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, M r - Saftbrd & M r . 
Walbridge join the Above Committee. 

Whereas the Townships Granted by this State lying westerly of Wen- 
Icck & Ferdinend viz 4 - N a 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, 5 th March 1787. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq 1 - His Honor Joseph 
Marsh Esq r - & The Hon ble Timothy [Brownson] Samuel Safford Peter 
Olcott Thomas Murdock Jacob Bavley Ebenezer Walbridge Samuel 
Fletcher Jonathan Hunt & Isaac Ticnenor Esq rs - 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 M r - 
Dewey, M l - Goodrich & Captain Ward appointed to join a Committee 
of Council, Resolved that M r - Bayley, M r - Safford, & M r - Walbridge join 
said Committee. 

In General Assembly, 5 th 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 M r - Olcott and M r - 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 Esq r - viz*- 

Jaeksous Gore was Granted February 23 d - 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 Esq r - 

Resolved that the Sec^- of Council be and he is hereby directed to 
Issue a Charter of Incorporation to Abraham Jackson Esq r - & . 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 Hon ble Doct 1 "- Arnold was rec d - on file, having 
been read in Council. 

An Act to Enable Gershom Beach to Collect forty nine pounds 8'- 4 d - 
of the Treasurer of the County [town] of Rutland was read and Con- 
curred. 

An Act directing the form of Writts was rec d - read & returned to the 
House by M r - Tichenor with proposals of amendment. 

Adjourned to 8 °Clock Tomorrow. 



Tuesday 6 th March 1787. 

Met according to Adjournment 

Present His Excellency Thomas Chittenden Esq 1 '- And the following 
Members of the Hon ble Council, Timothy Brownson Samuel Fletcher 
Peter Olcott Thomas Murdock Thomas Porter Ebenezer Walbridge 
Jonathan Hunt & Isaac Tichenor Esq rs - Joseph Fay Secy- Jonas 
Galusha Sheriff. 

An Act for the appointment and Regulating Attorney 8 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 Hon b,e 
Jonathan Arnold praying for the suspending of the payment of part of 
the Granting fees of the Township of S L 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 S L 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 \V r ritts was read and Concurred. 

The following Resolve of the General Assembly was rec d - & Read — 
viz t: 

In General Assembly March 5 1787. 

Resolved that this Assembly will Grant to the Hon ble Jonathan Hunt 
Esq 1 "- & 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 Hon ble 
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 Fishery 55 was read and Concurred. 

An Act relating to bills of Divorce was read and Concurred. 

On motion of the Hon ble Jacob Bayley Requesting that similar Indul- 
gence be granted the proprietors of Banvillee as is Granted to the Hon ble 
Jonathan Arnold Esq r - as set forth in his Memorial to the Governor & 
Council this da3 r considered, in every particular, Therefore Resolved that 
the proprietors, of said Banvillee be under the same Advantage as is 
Granted to the proprietors of S L 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 Money s Borrow d - at Philadelphia by our Agents 
at Congress; on the fulfilment of which payment the aforesaid Resolve 
to be in force and not otherwise. 2 

x The 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 M r - B. Brown, M r - Em- 
mons, and M r - Bridgeman being appointed a Committee from the House 
to join a Committee of Council, Resolved that M r - Hunt & M r - 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 Esq r - and the following 
members of the Hon ble Council viz*- Timothy Brownson Samuel Fletcher 
Jacob Bayley Thomas Porter Thomas Murdock Peter Olcott Ebenezer 
Walbridge Jonathan Hunt & Isaac Tichenor Esq rs - Joseph Fay Secy- 
Jonas Galusha Sheriff. 

In General Assembly Feb? 26 1787. 
The Members of Addison County Nominated M r - Elijah Foot of N. 
Haven, Caleb Smith of Shelburn & Ira Allen Esq r - 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 Esq 1 '- Sheriff for distributing Procla- 
mations &c. for £7 5 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 Esq r - and the following 
Members of the Hon b,e Council viz 4 - Timothy Brownson Peter Olcott 
Thomas Murdock Samuel Fletcher Jacob Bayley Samuel SafFord Eben- 
ezer Walbridge Thomas Porter Jonathan Hunt & Isaac Tichenor Esq rs - 
Joseph Fay Esq r - Secy- Jonas Galusha Esq r - 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 Hon ble 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 Hon ble 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 M 1 '- Tichenor with proposals of Amendment. 

An Act laying a Tax on the Town of Leicester of one penny p r - 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 M r - Tichenor to Explain the proposals of 
amendment. 

An Act defining the Powers of the Supreme & County Courts', was 
read & Returned by M 1 - 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 9 th - March 1787. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - & the Hon ble Timo- 
thy Brownson Samuel Fletcher Peter Olcott Thomas Porter Samuel 
Safford Jacob Bayley Ebenezer Walbridge Jonathan Hunt & Isaac Tich- 
enor Esq rs - 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 M 1 '- 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 10 th - March 1787. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq 1 "- the Hon ble Timothy 
Brownson Samuel Safford Thomas Porter Jacob Bayley Peter Olcott 
Ebenezer Walbridge Jonathan Hunt & Isaac Tichenor Esq rs - Joseph 
Eay Secy- Jonas Galusha Sheriff. 

An order given to L L Jonathan Robinson for £'4 4 for his Service as 
Committee of pay Table. 

An order drawn in favour of Col - 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 Esq r - Dec d - 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] S e - John De Creavceur [Crevecceur] 
and His three Sons was read and Concurred. 

Jonas Galusha Esq r - 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 Hon ble S L 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 Esq 1- - 
with the Hon ble 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 Hon ble Ira Allen Esq r - 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- 
sary 8 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 Gen 1 - 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 Hon ble 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 M essrs - Haswel and Rus- 
sel for Printing for thirty pounds. 1 

Sign d - Isaac Tichenor ) By order of the 
£30 90 1 Joseph Fay | Gov r - and Council. 

April 14 1787. 
An order drawn on the Treasurer in favour of M rss - Haswel & Russell 
for Twelve pounds. 
£12 

May 7 th 1787. 
An order drawn on the Treasurer in favour of John Knickerbakor 
Esq r - for his service as Treasurers Clerk for Twenty four pounds. 
£24 

An order drawn on the Treasurer in favour of Joseph Fay for Mili- 
tary Commissions for Twelve pounds. 

£12 

Bennington June 1*- 1787. 

An order drawn on the Treasurer in Favour of M r - Elihu Russel for 
Riding post for Ten pounds. 

£10 

An order drawn on the Treasurer in favour of Joseph Fay for Mili- 
tary Commissions for Nine pounds Twelve shillings. 
£9 12 

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 

June 25 1787. 
An order drawn on the Treasurer in favour of Samuel Mattocks Esq 1 '- 
for the sum of six pounds Eighteen shillings and Eight pence. 
£6 18 8 

August 7 th - 1787. 
An order drawn on the Treasurer in favour of M r8S - Hough & Spooner 
for Printing & Biding Post for thirty Eight pounds Two shillings & 
Eight pence. 
'£38 2 8 

Bennington August 24 th - 1787. 
An order drawn on the Treasurer in favour of M rss - Haswel & Russel 
for Printing General, Brigade & Regimental returnes for six pounds. 
£6 

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 5 d - for every hundred words, Also for 72 
Military Commissions, in the whole nineteen pounds four shillings. 

£19 4 



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 11 th October 1787. 

Present, His Excellency Thomas Chittenden Esq 1 '- Governor, and the 
following Members of the Hon ble Council viz*- Hon ble Samuel Safford 
Peter Olcott Jacob Bayley John Fassett John Strong Ebenezer Wal- 
bridge Isaac Tichenor & Jonathan Hunt Esq rs - 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, M r - Safford, M 1 
Strong, M r - Walbridge, M 1 - Tichenor, M»- Olcott, and M r Hunt. 

A Letter was rec d - 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 Esq r - 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 viz f - His Ex- 
cellency Thomas Chittenden Esq 1 - Gov- Joseph Marsh Esq r - L t: Gov'- 
Samuel Mattocks Esq 1- - Treasurer and the following Gentlemen Council- 
ors viz 1 - Hon ble 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 Esq rs - 

Adjourned to 9 °Clock Tomorrow. 1 



Friday October 12 1787. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq 1- - and the following- 
Members of the Hon ble Council viz f - Hon ble Samuel Safford Jacob 
Bayley Peter Olcott John Strong Ebenezer Walbridge Jonathan 
Hunt & Isaac Tichenor Esq rs - Joseph Fay Esq 1 "- Secv- John G. Bajley 
Esq r - 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 Esq 1- - was declared to be duly Elected & was sworn accordingly. 

A Letter from His Excellency Governor Bowdoin dated March 10 th 
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 5 th - 1787 en- 
closing a Resolution of Assembly was read in their order. 

The Resignation of the Hon ble Ira Allen Esq r - Surveyor General was 
rec d - 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 Hon ble Moses Robinson 
Esq r - was declared duly Elected chief Judge, and the Hon ble Paul Spooner 

1 From the Assembly Journal, Oct. 11 1787: 

Resolved that M r - Dewey be requested to wait on the Reverend M 1 
Asa Burton and request him to preach an Election Sermon this day and 
on his refusal to wait on the Rev'd M r - Lyman Potter and request him 
to preach said Sermon. 

Mr. Potter performed this service. 



Governor and Council — October 1787. 147 

Esq r - and Nathaniel Niles Esq r - was declared duly Elected as side or as- 
sistant Judges. 

A bill from the House was rec d - appointing a Committee of six to join a 
Committee of Council to arange the necessary business of the Present 
Session, the members choosen M r Dewey, 1 M r - Marvin, M r Allen, M r 
Freeman, M> E. Robinson, and M r Loomis. Resolved that M r - Tich- 
enor, M r - Hunt and M r Strong join said Committee. 

In General Assembly October 12 th 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. 

Ros L - Hopkins, Cl k - 

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 M r - Sessions, M r - Chandler, and M r - Ward appointed 
to join a Committee of Council, Resolved that M r 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 & M r - Cooley, M r Sabin, & M r Williams appointed to join a Com- 
mittee of Council, Resolved that M r 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 M r Sessions, M r - Shumway 
& M r - Emmons appointed to join a Committee of Council, Resolved 
that M r - 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 M r - Aiken & M r - Paine appointed to join a Committee 
of Council, Resolved that M 1 - Walbridge join said Committee. 

Adjourned to 10 °Clock Monday next. 



Monday Newbury 15 th October 1787. 
Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - Gov r - and the fol- 
lowing Members of the Hon ble Council viz 4 - the Hon ble 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 Esq r - Joseph Fay Esq 1- - 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*- M 1 - Dewey, M r - Marvin, M r - Sessions, M r - E. Robinson, and 
M r - Harvey. Kesolved that M r - Safford & M'- Oleott join s d - 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 rec d - 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 rec d - 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 M r - Allen & M r - 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 M r - Olmsby, M r - Clark, M r - Allen, M r Cook, M 1 Ha- 
zen & M r Loomis appointed to join a Committee of Council, Resolved 
that M r - Bayley join said Committee, as also the committee on the pe- 
tition of E. Walbridge and Noah Smith Esq rs - Praying for Lands near 
Starksborough. 

The Memorial of Cornelius Lynde was read having been read in Gen- 
eral Assembly and M r Olmsby, M r - Clark, M r - Allen^ M r - Cook,. M r - Ha- 
zen & M r - Loomis appointed to join a Committee of Council, Resolved 
that M r - Bayley join said Committee, as also the Committee on the pe- 
tition of E. Walbridge and Noah Smith Esq rs - Praying for Lands near 
Starksborough. 

The Memorial of Cornelius Lynde was read having been read in Gen- 
eral Assembly and M r Olmsby, M r - Clark, M r - Allen, M r - Cook, M 1 - 
TTazen & M r - Loomis appointed to join a Committee of Council, Re- 
solved that M r - Tichenor & M r - 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 . r 52,] 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 Esq r - Gov- and the fol- 
lowing Members of the Hon ,)le Council viz*- Hon ble Samuel Safford Peter 
Olcott Jacob Bayley Ebenezer Walbridge Isaac Tichenor Jonathan Hunt 
and John Strong Esq rs - Joseph Fay Secy- John G. Bayley Esq r - Sheriff. 

A bill from the House was rec d - & M r - Dewey, M r - Shumway, M 1 - 
Marsh, M»- I. Clark, M r - Thompson, M r - Fassett, M 1 - Sessions, M r - Free- 
man, M 1 - Emmons, M r - E. Robinson, M r - Loomis & M r - Johnson was 
appointed a Committee to join a Committee of Council to Take under 
Consideration the 7 th - article in the arangement [of business] viz*- to 
point out some Method for disposing of the [glebe and other] public 
Lands, therefore Resolved that M r - Tichenor, M r - Safford, & M r - Wal- 
bridge join the above Committee for the purposes aforesaid. 

A^petition signed Daniel Burk was read, having been read in General 
Assembly, and M r - Dewey, M 1 - Clark, M 1 - Fassett, M r - Israel Smith, 
M r E. Robinson & M r - Johnson [appointed a Committee thereon to join 
a Committee from the Council,] Resolved that M r - Olcott & M r Murdock 
join said Committee 1 

Adjourned to 2 °Clock P: M: 

Met according to Adjournment. 

His Honor Joseph Marsh Esq 1 "- L*- Gov r - appeared & being duly quali- 
fied took his seat accordingly and also the Hon ble 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 17 th - October 1787. 
Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq 1- - Gov r - His Honor 
Joseph Marsh Esquire I> Gov 1 "- and the following Members of the Hon ble 



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 16 th - 
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*- Hon ble 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 & M 1 • Marvin, M r - Harvey, and M r 
Throop appointed to join a Committee to take the same under consid- 
eration, Resolved that M r - Bayley join said Committee and to Take un- 
der consideration the Petition of Ephraim Foster, the Wid°- Hester 
Warner, & Mark Levingsworth Esq r - 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 M r - Whitelaw, M 1 • 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 & M r - 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 Esq r - His Honor Joseph 
Marsh Esq r - L* Gov r - and the following Members of the Hon ble Council, 
Hon ble Samuel Satford Jacob Bayley Thomas Murdock Peter Olcott John 
Strong Ebenezer Walbridge Jonathan Hunt & Isaac Tichenor. Joseph 
Fay Secy- John G. Bayley Sheriff. 

The Hon ble Nathaniel Niles Esq r - 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. By order of Council Joseph Fay Secy- 

Resolved that an order be drawn in favour of Elkanah Day Esq 1 "- 
Sheriff for distributing Tax bills, Constitutions &c. for the sum of Twelve 
pounds. By order of Council Joseph Fay Secy- 

£12 0. 

Resolved that an order on the Treasurer be drawn in favour of M esrs - 
Hough & Spooner for Printing 400 journals of Assembly of October & 
February Sessions, for the Sum of Seventy six pounds L. Money. 

£76 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 M r - Niles. The Ballots being 
Taken The Hon b,L ' John Fassett Esq 1 - 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 2 cL on the acre was read and con- 
curred. 

Adjourned to 9 °Clock Tomorrow. 



Friday 19 th - October 1787. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - Gov r - His honor 
Joseph Marsh Esq 1- - I> Gov r - and the following Members of the Hon ble 
Council— Hon ble Samuel Safford Jacob Bayley Peter Olcott Thomas 
Murdock John Strong Jonathan Hunt Ebenezer Walbridge Isaac Tich- 
enor Esq rs - 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, M r - 1. Clark, M r - Fassett, M r - Freeman, M r - E. Robinson, 
and M r - Paine being appointed a Committee to join a Committee of 
Council to take the same under consideration, Resolved that M r - Mur- 
dock & M 1 '- 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 
Hon blc 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 Esq r - be and he is hereby appointed 
chief Judge of the County Court in & for the County of Windham, in 
Lieu of Samuel Knight Esq r - 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 Esq r - Gov- His honor Jo- 
seph Marsh Esq r - L* Gov r - and the following Members of the Hon hle Coun- 
cil viz 1 - The Hon ble 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 Ree d - from the General Assembly. 

In General Assembly October 20 th - 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. Ros fj - Hopkins, Clerk. 1 

An. Act discharging Major William Goodrich from his Debts having 
passed the General Assembly was read & concurred. 

M r - 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. 

x In 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, Sec r v- 
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'- Gov r - His Honor 
Joseph Marsh Esq 1 '- L* Gov r - and the following Members of the Hon b, ° 
Council Hon ble 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 M rss - 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 y e house by M r - 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 & M r - Allen, M 1 '- Johnson, & M 1 - E. 
Robinson appointed a Committee to join a Committee of Council, Re- 
solved that M r - Safford join said Committee. 

On Motion of the Hon ble 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 Hon ble 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 Esq r - 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 Esq r - Gov 1 - His Honor Jo- 
seph Marsh Esq 1- - L*' Gov r - and the following Members of the Hon h,( '. 
Council Hon b,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 for his Wages last October Session at Rutland. 

£7 15 0. Sign d - 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 viz 1 - M r - Mar- 
vin, M r - Freeman, & M r - Sessions [appointed] to join a Committee of 
Council, Resolved that M r - 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 Esq 1 - Gov r - His Honor 
Joseph Marsh Esq 1 '- I> Gov r - Hon ble Samuel Safford Jacob Bayley 
Thomas Murdock Peter Olcott John Strong Ebenezer Walbridge Jon- 
athan Hunt Isaac Tichenor Esq rs - Joseph Fay Secy- & John G. Bavley 
Sheriff. 

An Act for Taxing the Township of Norwich 2 d - 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 Esq rs - chief Judges of the County Courts for the County 8 of 
Windham and Windsor. 

In consequence of the appointment of Luke Knoulton Esq r - 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 viz 1 - 
six Townships heretofore Granted to Holbrook & others, having been 
read in General Assembly, & M r - Paine, M r - Dewey, & M r - Freeman 
appointed a Committee to join a Committee of Council, Resolved that 
M r - Bayley join said Committee. 

An Act for Levying a Land Tax of one penny p r - acre on all the Land 
in Brookfield having passed the General Assembly was read and Con- 
curred. 

Adjourned to 9 °Clock Tomorrow. 



Thursday Newbury Oct r - 25 th - 1787. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - Gov r - His Honour 
Joseph Marsh L* Gov r - and the following Members of the Hon ble Coun- 
cil, viz*- Hon ble Samuel Safford Jacob Bayley Thomas Murdock Peter Ol- 
cott John Strong Ebenezer Walbridge Jonathan Hunt & Isaac Tichenor 
Esq rs - Joseph Fay Secy- & J. G. Bayley Sheriff. 

Hon b,e John Fassett Esq 1 "- being duly qualified Took his seat in Coun- 
cil. 

On a Bill from the House appointing M r - Chipman, M r - Emmons, & 
M r - Dewey a Committee to join a Committee of Council to Take under 
Consideration the Granting fees of Ira & Ifooretown, [Bradford,] Re- 
solved that M r - 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 2 d - 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 2 d - 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 2 d - 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 2 d - 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 M r - Tichenor with Objections 
to the bill. 

A petition Signed Leonard Whiting & Jonathan Grout, praying for 
Compensation for Lands Confiscated & sold in Woodstock, & M 1 - Smith 
& M r - Sabin and M r - Allen appointed to join a Committee of Council, 
Resolved that M r - 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, 
M r - Spafford, <fe M r - Harvey a Committee to join a Committee of Coun- 
cil — Resolved that M 1 '- Olcott join said Committee. 

An Act directing Returns of Writts in Windsor County was read 
& sent to the Hon ble General Assembly to be passed into a Law. 

An Act Laying a Land Tax of 2 d - 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 p r - 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 2 d - 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 Hon blc 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 hon 1 '- Jos. Marsh 
for 12 shillings. Joseph Fay [Secy-] 

Adjourned to 9 °Clock Tomorrow. 



156 G-overnor and Council — October 1787. 

Friday, October 26 th - 1787. * 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - Gov 1 '- and the fol- 
lowing Members of the Hon ble Council viz 1 - Hon b,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 2 d - on the acre having passed the 
General Assembly was read and Concurred. 

M r - 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 Com te 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 M 1 ' Tichenor requesting that this 
House would join them in Grand Com te - to take under consideration the 
resolution of this House of yesterday requesting the Gov r - & 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 Com tc - for that purpose — it passed in the 
negative. 

In Assembly, Oct. 26 1787: Resolved that M 1 '- [Lemuel] Chipman be 
requested to wait on the Gov 1 '- & Council and request them to inform 
this House in writing of their intentions [in] requesting this House to 
join in Grand Com te - made yesterday by M r Tichenor. 

M r - Chipman returned from Council w T ith a written message which 
being read — The question being put whether the vote passed yesterday 
not agreeing to join in Grand Com te - be reconsidered — It passed in the 
negative. 

Same date, 2 p. m.— A. resolution of Council of Oct. 24 th - & 25 th - Ins 1 - 
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 M r - Paine, M 1 - Marvin, and M 1 "- 
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 M r - Safford & M r - Tichenor join said Committee. 

On a bill from the House, appointing M r - I. Clark, M r - Webb, & M r - 
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 M 1 - 
Strong join s d - Committee. 

An Act Laying a Land Tax on the Town of Chittenden of one penny 
p 1 *- 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 l d - on each acre, having 
passed the General Assembly was read & Concurred. 

An Act laying a Tax of 2 d - 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 Hon ble Luke Knoulton Esq r - 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 Gov 1 '- 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 Oct r - 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 Hon ble 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 2 d - 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 Esq 1- - 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 Hon ble Samuel Mattocks Esq r - Treasurer, as Principle, and the 
Hon b,e John Strong Esq 1- - and Jonathan Spafford Esq r - 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 s d Safford as Land Committee, 
in the Settlement of the Granting fees of S L Johnsbury & Danvillee. 

Resolved that M r - Safford, M r - 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 M r - [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 
M r - SafFord & M r - 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 Nov r 
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 
Hon ble 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 hard 
money p r - 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. Ros L - 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 M r - Walbridge join said Committee. 3 

An Act Granting to the Hon ble Jonathan Hunt Esq 1 - 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 Esq 1- - Gov r - and the fol- 
lowing Members of the Hon ble Council, Hon ble 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 Esq rs - Joseph Fay 
Secy- J G Bayley Esq r - Sheriff. 

Resolved that the Collection of the Fines laid on a Number of Rioters 
iu the County of Windsor by the Supreme Court in Nov 1 '- 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 11 th 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 8. 

January 2 d 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 Esq 1 '- for 
Services in Revising Laws for the Sum of £6 0. 

£6 0. 

January 14 th - 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 28 th 1788, An order Drawn on the Treasurer in favour of 
William Waters Post Rider from Bennington to Albany 34 weeks 3b' 
miles at 2 d p r - mile £10 4 0. 

£10 4 0. 

March 7 th 1788 an order drawn on the Treasurer in favour of Hough 
& Spooner for Printing & Riding Post for £27 11 8. 

£27 11 8. 

March 10 th - 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 M 1 *- 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 Esq 1 '- 
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 15 th - 1787. 

An order drawn on the Treasurer in favour of Deacon Jonas "Whitney 
for Riding Post £32 0. 

£32 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. 

£3 0. 

An order drawn on the Treasurer in favour of Deacon Jonas Whitney 
for Riding Post 20 weeks for £20 0. 

£20 0. 

Rutland 23 d August 1788. 

An [order] drawn on the Treasurer in favour of Doct r - 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 3 d - 1788. 

An order drawn on the Treasurer in favour of Joseph Fay for Copy- 
ing journals of Council &c, as p r - ace*- for £31 18 6. 

£31 18 6. 

An order drawn on the Treasurer in favour of Isaac Tichenor Esq r - 
for Auditting the Treasurers acc ts for the sum of £7 6 0. 

£7 6 0. 

The foregoing orders on the Treasurer was drawn by the Hon tle 
Samuel Safford, Isaac Tichenor & Joseph Fay Esq rs - 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 Esq r - Gov 1 - and the fol- 
lowing Members of the Hon ble Council viz*. Hon ble 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 Esq r - one of the justices of the 
Peace in & for the County of Windsor & the same being accepted — 
Resolved That Stephen Jacobs Esq r - be & he is hereby appointed a Jus- 
tice of the Peace in his Room to Serve in s d - office the present year. 

The Hon Dle Ira Allen Esq r - Presented his acc ts as Late Surveyor Gen- 
eral: proceeded to Examine the Same. 

Adjourned to 2 °Clock Tomorrow. 

12 



162 Governor and Council — August 1788. 

Saturday August 24 th - 1788. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq 1 - Gov 1 - Hon ble Tim- 
othy Brownson Thomas Porter Jacob Bayley John Fassett John Strong 
Ebenezer Walbridge Jonathan Hunt & Isaac Tichenor Esq rs - Joseph 
Fay Secv- 

A Letter from the Rev d M r - Bebee 1 was Rec d - & 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 Rev d - M r - Elijah Sill 2 
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 M r - Sill 
of s d - appointment. 

A Letter Rec d - 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 
acc te - 

Adjourned to Monday Morning 7 °Clock. 



Rutland August 26 1788. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq 1 • Gov r - & the follow- 
ing Members of the Hon ble Council viz 1 - Hon ble Jacob Bayley Tim 
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 Esq r - Late Surveyor General Exhibitted the following ac- 
counts viz*- 

State of Vermont to Ira Allen Surveyor General D 1 - 
To cash paid James Whitelaw p 1 '- ace'- £509 18 11 

To cash paid Gamaliel Painter p r - ace*- £'88 14 

To cash paid Lemuel Clark p r - Rec 1 12 

To cash paid Andrew Shutts p 1 - ace 1 - 6 8 

To cash paid Col - John Barron p r - ace 1 - 61 3 2 

To cash paid General Jacob Bayley p 1 '; ace 1 32 16 4 

To cash paid Joseph Willard p r - ace 1 - 2 8 

To cash paid Capt. Ebenezer Willoughby g 43 19 3 

To cash paid Alexander Harvey Esq r - 12 

To cash paid Maj r - Jesse Levingworth 9 9 3 

To cash paid sund^- persons p r - acc te - 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 p r - ace 1 - £28 13 

To cash paid Thomas Butterfield 21 11 6 
To cash paid James Savage Esq r - & W m - Coil Surveyors as 

pr.acc^ 1031 6 5 

To cash advanced as p r - ace 4 - 638 12 9 

To James Whitelaw Esq r - Surveyor Gen 1 - p r - his acc e - 68 12 3 

To General Strong p r - ace 4 - 3 17 9 

To cash paid for my own Expence &c. p 1 - aec 4 - 210 2 11 



Deducted from Barrons Road ace*- to be aded here 
Deducted £50 8 6 l being charged to the Road ace*- 



£2963 17 
14 10 


7 



£2978 7 
50 8 


7 
4 


£2927 19 


3 


90 13 10 


£3018 9 


6 



October 27 th 1788. 2 
To James Savage Esq 1 - £69 11 
To W m - Coit Esq 1 "- 21 2 10 



90 Towns Taxed at £25 4 8 £2271 

22 do. part Surveyed which are to be Taxed & pay 

when Completed 327 16 

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 Gov r - & 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 Gen 1 - 
for the aforesaid Sum £555 2 8. 

Joseph Fay Secy- 

Adjourned to 6 "Clock Tomorrow Morning. 



Tuesday 27 th - August 1788. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - Gov r - Hon 151 * Tim- 
othy Brownson Thomas Porter Jacob Bayley John Fassett John Strong 
Jonathan Hunt Esq rs - Joseph Fay Esq 1 "- 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. D r - for cutting 


roads &c. 


Jerico To cash 


paid sund.y 




Newbury 


£4 


Persons 




£44 6 


6 


Duxbury 


10 


Essex To cash 


paid as 


P r - 




Moortown [Bradford] 


10 


ace*- Allowed 




12 2 


3 


Topsham 


4 


Bolton 




43 10 


6 


Fairfax 


30 11 6 


Waterbury 




52 19 


2 


Fletcher 


5 15 


Shelburn 




32 14 


5 


Westford 


3 8 


Midlesex 




56 13 





Charlottee 


24 17 


Berlin 




42 19 


5 


Hardwick 


3 4 


Montpelier 




4 10 


9 


Wolcott 


14 5 3 


Hinesburgh 




37 4 





Cabbot 


2 4 


Northfield 




13 5 





Hyde Park 


22 13 9 


Goshen 




2 16 





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 ace 1 - Includes an ace*- Allowed Thomas Butterfield at Man- 
chester in Oct r - 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 Esq r - S. Gen 1 
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 





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] 
Sterling 3 
Johnson 
Moristown 
Hydes Park 
Eden 
Worcester 
Elmore 
Wolcott 
Fletcher 
Fairfield 
Goshen 

S 4 - George 3 d [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 27 th - 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 Gen 1 - 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 27 th 1788. 
Timothy Brownson Esq r - £2 15 4, Jacob Bayley Esq r - 3 15 4, John 
Fassett Esq r - 3 5 0, Thomas Porter Esq r - 2 14 0, Jonathan Hunt Esq r - 
3 8 8, Ebenezer Walbridge Esq r - 2 10, Isaac Tichenor Esq r - 2 10, 
Jn°- Strong Esq r - 2 11 8, Joseph Fay Esq r - Sect/ ■ 3 5 0, Jonathan Bell 
Esq r - 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 9 th 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 Esq 1 '- Gov 1 '- and the fol- 
lowing Members of the Hon ble Council viz*- Timothy Brownson Samuel 
Saflford Thomas Porter Samuel Fletcher Jacob Bayley Peter Olcott John 
Fassett Ebenezer Walbridge John Strong & Isaac Tichenor Esq rs - Jo- 
seph Fay Secv- David Eobinson Sheriff. 

On a bill from the House of Assembly appointing a Committee of 
Fourteen viz*- M r - Dewey, M r - Jewit, M r - Marvin, M r - [Lemuel] Chip- 
man, M r - Brush, M r - Thompson, M r - Bliss, M r - McNiel, M r - Speaker 



Governor and Council — October 1788. 167 

Bradley, 1 M r - Knoulton, M r - Jacob, M r - Burton, M r - Johnson & M r 
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 M r - Tichenor, M r - Fassett, M r - Strong, M r - 
Brownson, M r - Walbridge & M r - 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 viz 1 - His Excellency 
Thomas Chittenden Esq 1 "- Governor His Honor Joseph Marsh Esqr- L* 
•Governor Hon ble Samuel Mattocks Esq 1 '" Treasurer — 

Hon ble Samuel Safford John Strong Jacob Bayley Peter Olcott Isaac 
Tichenor Timothy Brownson Ebenezer Walbridge Samuel Fletcher 
Thomas Porter Thomas Murdock Jonathan Hunt & John Fassett Esq rs - 
[Councillors.] 

Adjourned to 9 ° Clock Tomorrow. 2 



Friday 10 th - October 1788. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - & the following 
Members of the Hon ble 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 Esq r - 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 11 th - October 1788. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - Gov 1 "- and the fol- 
lowing Members of the Hon ble Council viz*- Samuel Safford Jacob 
Bayley Peter Olcott Timothy Brownson John Fassett John Strong 
Samuel Fletcher Ebenezer Walbridge Isaac Tichenor & Thomas Porter 
Esq rs - Joseph Fay Esq r - Se<&- David Robinson Sheriff. 

On a bill from the House appointing M r - Dewey, M r - Marvin, M r 
Painter, M r - [Ira] Allen, M r - Bradley, M 1 - Safford & M r - Loomis a Com- 
mittee to join a Committee of Council to prepare the necessary arange- 
ments of the business the present Session, Resolved that M r - Strong 
M r - Safford & M r - Olcott join the above Committee. 

In consequence of application by the Hon ble 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 s d - 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 s d - Township by the 
name of Santa Maria & that the same be Exempt from public Tax so 
long as the rents & Fronts of s d - Township be appropriated for the pur- 
poses for which it was Granted. On further consideration M r - President 
[Wheelock] altered the name of s d - Township from Santa Maria to that 
of Wheelock. 

Adjourned to 10 °Clock Monday next. 



Manchester 13 th October 1788. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq 1 *- Samuel Safford 
Timothy Brownson Jacob Bayley Peter Olcott Thomas Porter John 
Strong Samuel Fletcher John Fassett Ebenezer Walbridge & Isaac 
Tichenor Esq rs - Joseph Fay Esq r - 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 M r - Fas- 
set & M r - Saiford join s d - 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 M r - Olcott M r - Bayley & M r - Fletcher join s d - Committee. 

Adjourned to 9 °Clock Tomorrow. 



Tuesday, Manchester, 14 th - October 1788. 
Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq 1 '- Gov r - & the fol- 
lowing Members of the Hon ble Council, Hon ble 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 
Esq rs - Joseph Fay Esq r - 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 Col - 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 Sign d - John Grant praying for Pay for his Company while 
in Service in Col 0, Warners Regiment on acc> of Loosing the money 
which he had rec d - to pay s d - 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 M r - Walbridge 
join said Committee. 

Adjourned to 9 °01ock Tomorrow. 



Wednesday 15 th - October 1788. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - Gov r - & the fol- 
lowing Members of the H^n ble Council viz*- Hon bIe Samuel Safford 
Jacob Bayley Timothy Brownson John Fassett Peter Olcott Thomas 
Murdock Thomas Porter Samuel Fletcher John Strong & Isaac Tiche- 
nor Esq 18 * Joseph Fay Esq r - Setf- David Robinson Esq r - Sheriff. 

In General Assembly 15 Oct 1 '- 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 Gen 1 - Assembly, was read & Concurred. 

Adjourned to 2 °Clock P: M: 

Met according to Adjournment. 

Resolved that M r - Tichenor & M r - Sec^- Fay be & they are hereby ap- 
pointed to make a draught of a Proclamation for a Thanksgiving to be 
published agreeable f o 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 M r - Porter join 
said Committee. 

An act to Levy a Tax of 2 d - 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 M r - Benjamin Holt Requesting a deed from David Cas- 
tle to Benjamin Holt, for one Right of Land in Arlington, Lodged in 
the hands of M r - Secretary Fay — Resolved that the Sec^- be & he is 
hereby directed to Diliver s d - Deed to Col - Matthew Lyon, & also diliver 
M r 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 M 1 '- 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 
County 8 on the west side of the Green Mountains, Having been read in 
General Assembly & M r - Marvin, M r - Hazen, Cap*- I. Smith, M r - C. Smith 
& M r - Hubbard appointed as a Committee to join a Committee of Coun- 
cil, Resolved that M 1 '- 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 M r - 
Bayley join s d - Committee. 

Adjourned to 9 °Clock Tomorrow. 



In Council Thursday 16 Oct r - 1788. 

Met according to Adjournment. 

Present Ilis Excellency Thomas Chittenden Esquire Gov 1 '- & the fol- 
lowing Members of the Hon ble Council viz*- Hon ble Samuel Safford Jacob 
Bayley Timothy Brownson Samuel Fletcher John Fassett Thomas Mur- 
dock Peter Olcott Thomas Porter John Strong Isaac Tichenor & Eben- 
ezer Walbridge Esq rs - Joseph Fay Esq 1 "- Secy- David Robinson Esq 1 '- 
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 Dec d - (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 Hon ble Jonathan Hunt Esq 1 '- having taken the Necessary qualifi- 
cations took his seat in Council. 

An act tor admitting M r - 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 Esq r - Gov r - and the fol- 
lowing Members of the Hon ble Council viz*- Hon ble 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 Esq rs - Joseph Fay Esq r - Sect/- D. Robinson Esq r - 
Sheriff. 

On a bill from the House appointing M r - Dewey, M r - Williams, M r - 
Painter, M r - I. Allen a Committee to join a Committee of Council to 
take under Consideration the Listers Act, Resolved that M r - Olcott, M r - 
Walbridge & M r - 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*- M r - I. Smith, M 1 - Camfield [Canfield,] M r - Burnham, M r 
Williams, M 1 - Thompson. M r - Painter, M r - M c Neil, M r - Ira Allen, M r - 
Knoulton, M r - Freeman, M r - Joel Marsh, M 1 - Heald, M r - Harvey & M r - 
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, M r - Fassett, M r - 
Strong, M r - Tichenor, M r - Bayley & M r - 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, viz 1 - Col - [Gideon] 
Brownson, Mr- Asahel Smith, M r - Barnum, M 1 - Eb r - Allen, M r - Rob- 
erts, M r - Heald, & M r - 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 M 1 - Strong & M 1 - Fletcher join 
s d - Committee. 1 

On a bill from the House appointing Col - [Thomas] Johnson, Col - 
Ira Allen, Judge Harvey, Maj 1 '- Parkhurst, & M r - Loomis a Committee 
to join a Committee of Council to Consider the Petition of Joseph Kim- 
bef [Kimball] vrs. Rowland Powel— Resolved that M 1 - Bayley and M r - 
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 Esq 1 '- & the following 
Members of the Hon ble Council viz f - Hon ble Samuel Safford Tim Brown- 
son Thomas Porter Peter Olcott Samuel Fletcher Thomas Murdock 
John Fassett Ebenezer Walbridge Isaac Tichenor Jonathan Hunt & 
Jn°- Strong Esq rs - Joseph Fay Esq 1 - Setf- D. Robinson Esq 1 *- 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 p r - 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 p r - 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 & M r - Brownson, M r - A. Smith, M r - Barnum, M r - Eben 1 - Allen, 
M r - Roberts, M r - Heald, & M r - 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 M r - Strong & M r - 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 20 th October 1788. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - Gov r and the fol- 
lowing Members of the Hon ble Council viz 1 - Hon ble Timothy Brownson 
Samuel Safford Jacob Bayley Peter Olcott John Fassett Thomas Mur- 
dock Samuel Fletcher John Strong Jonathan Hunt & Isaac Tichenor 
Esq 1-8 - Joseph Fay Esq r - Secy- D. Robinson Esq 1 '- 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 Gen 1 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 Esq r - Gov r - and the follow- 
ing Members of the Hon ble Council viz 1 - Hon ble Samuel Safford Jacob 
Bayley Peter Olcott Thomas Murdock Tim - Brownson Samuel Fletcher 
Thomas Porter John Strong Jonathan Hunt Isaac Tichenor & John 
Fassett Esq rs - Joseph Fay Esq r - Sea/- David Robinson Esq r - 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 p r - 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 Esq r - Clerk. The Ballots being taken, The 
Hon ble Paul Brigham Esq r - was declared to be duly Elected to the afore- 
said office. 

On a Bill from the House appointing M r - Bradley, M r - Paine & M r - 
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 M r - Safford &M r - Tiche- 
norjoins d - 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 22 d - October 1788. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq 1 " Gov r - and the 
following Members of the Hon ble Council viz'- Hon ble Tim - 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 Esq rs - Joseph Fay 
Esq r - tSecy- t David Robinson Esq r - 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 Hon ble Council and Hon ble General 
Assembly met in a Grand Committee of boath Houses — His Excellency 
the Governor in the Chair — Joseph Fay Esq 1 '- 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 Hon ble Paul Brigham Esq r - 
was declared to be duly Elected. 

"On motion of Doct r - Marvin, Eesolved that a Committee from Each 
County be appointed to draw up Instructions for our Agents to Congress. 
Members choosen M 1 Speaker Olin, M 1 • Bradley, M r - Porter, M r - Jacobs, 
M r - Paine, M r - Strong & M r - 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 Hon ble 
Moses Robinson Esq r - was declared to be duly Elected. 

"The Ballots being taken for the second Agent to Congress the Hon b,e 
Ira Allen Esq r - was declared to be duly elected. 

"The Ballots being taken for the 3 d Agent to Congress The Hon ble 
Jonathan Arnold Esq r - 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 S d - Andrus 
Lying East of Lake Memphramagog Agreeable to the bounds Given by 
James Whitelaw Esq r - 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] M 1 - Israel Smith, M 1 - Bradley, 
& M r - Knoulton a Committee to join a Committee of Council to make 
out a Commission for the Agents to Congress— Resolved that M r - 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 Gen 1 - Assembly was read & Concurred. 

Adjourned until Tomorrow 9 °Clock. 



Thursday 23 d October 1788. 

Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq'- and the following 
Members of the Hon ble Council viz 1 - Hon ble 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 Esq rs - Joseph Fay Esq r - Secy- t>. Robin- 
sou Esq 1 '- 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. 

Hon ble 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 Esq r - and the following 
Members of the Hon b ie Council— Hon b i e Timothy Brownson Samuel 
Safford Jacob Bayley Samuel Fletcher Thomas Murdock John Fassett 
Thomas Porter John Strong Ebenezer Walbridge Jonathan Hunt & 
Isaac Tichenor Esq rs - Joseph Fay Esq'- Secy- D. Robinson Sheriff. 

A message from the House was rec d - 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 Hon ble Ira Allen Esq r - 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 Hon ble Isaac Tichenor Esq r - 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 Esq r - as Principle & the Hon bl e 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 viz 4 - 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 Esq r - 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 4 th - of Nov r - 1780 & in 1784, 
& that his bond with Col - Ira Allen be rec d - 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 Esq 1 '- 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 Esq r - 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 l d - 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 Dec d - 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 Esq 1 - and the following 
Members of the Hon ble Council viz*- Hon ble Tim - 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 Esq ra - 
Joseph Fay Esq r - Secv- D. Robinson Esq r - 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 Esq 1 ' 8 - re- 
questing that a Charter be Granted of the Township of Land Granted 
to Col - Andrew Adams & Company in 1780 by the name of Sheffield — 
Resolved that the Name of Noah Smith Esq 1 - be Entered in said Char- 
ter in Lieu of s d - Andrew Adams & that the Secretary of Council be & 
he is hereby directed to Issue s d - Charter Entering such names as the 
Governor shall direct in a List Given said Sec?- Jos. Fay tSecv- 

Resolved that the Hon ble Samuel Saftbrd be & he is hereby appointed 
to Attend on the Treasurer to receive & Rec 1 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 27 th - 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 M r - 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. 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 for the discharge of the Bill of Col - 
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 acc ts - 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 27 th 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 15 th - 1788. 
To His Excellency the Governor & Hon ble 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 viz c - — 

To the Proprietors of a Grant to the Hon ble John Throop Esq r - 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 s d - Grant by the 
charter of Lincoln. 

To the Proprietors of a Grant made to Colone 1 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. 



x The 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 
4 th 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 Col Ira Allen & associates a 
tract equal to six miles Square Granted February 23 d - 1781, to be Char- 
tered as Marked Irasburgh on the plan. 

To Col - Henry Emanual Lutterloh, [Lutterloth,] Major Thomas Cogg- 
sell "Cogswell] & Company Granted June 27 th 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 Col - William Barton & Company a Tract six miles square as 
marked Barton on the plan, Granted October 23 d - 1781. 

To Nathan Fisk Esq 1 - <fc Company, George Duncan Esq 1 - & Company, 
a tract six miles square as Marked Duncansburgh [or borough, being 
Newport,] on the plan Granted October 23 d - 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 14 th - 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? 28 th - 1787. 

To John Kelley Esq 1 " sixty nine Thousand and 100 acres of Land 
Granted March 25 1787 to be chartered as Marked John Kelley Esq r - 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. 27 th 
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 
23 d - 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 Tim Brownson £5 13 4, Samuel Safford Esq*- 6 7 0, Jacob 
Bayley Esq*". 7 19 0, John Fassett Esq r - 8 2 4, Peter Olcott 5 15 0, 
Thomas Porter Esq*"- 6 7 4. Thomas Murdock Esq r - 5 7 0, John Strong 
Esq 1- - 7 5 0, Ebenezer Walbridge 5 19 4, Jonathan Hunt Esq r - 4 19 8, 
Samuel Fletcher 6 8 0, Isaac Tichenor 6 6 4, Joseph Fay Secy- 8 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. 
Hon b i e 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 5 th MARCH 1789. 



In Council date above Convened by special orders from His Excel- 
lency — 

Present His Excellency Thomas Chittenden Esq r - and the following 
Members of the Hon ble Council viz 1 - Hon ble Samuel Safford John Fassett 
Thomas Porter Timothy Brownson Ebenezer Walbridge Esq rs - Joseph 
Fay Esq r - 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 M r - 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. 

M r - 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 M r - Sec?- Fay M r - 
Tichenor & Col - Lyon be requested to make a Draught of an ordinence 
for the aforesaid purpose. 

Adjourned to 7 "Clock Tomorrow. 



Saturday 7 th - March 1789. 

Met according to Adjourn 4 

Present His Excellency Thomas Chittenden Esq 1 - Samuel Safford John 
Fassett Thomas Porter Tim Brownson Ebenezer Walbridge Isaac Tiche- 
nor iUsq rs - Joseph Fay Esn r - SeW Joab [Joel] Hammilton Esq 1- - D: S: 

On motion of M r - 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, s d 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 viz 1 - 

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 20 th day of this Instant March, until the 18 th 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 7 th 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 29 th Day of April next be observed as a 
Day of public Humiliation, Fasting & prayer, & that M r - Sec^- Fay, 
Rev d M l - Swift & M r - 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 7 th 1789. 
Hon ble Tim - 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 8 th 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 
viz 1 - Hon ble John Fassett Samuel Satford Thomas Porter Ebenezer 
Walbridge John Strong Isaac Tichenor & Jon 1 - Hunt Esquires. Joseph 
Fay Sec&- Samuel Fletcher Esq r - Sheriff. 

A bill from the House was rec d - appointing Mes rs - 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, L l Governor, Council & 
Treasurer and declare the several persons choosen. Resolved that 
Mes rs - 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 viz 1 - The Hon ble Joseph 
Marsh Esquire L* Governor. IIon l,le Samuel Mattocks Esquire Treasu- 
rer. Hon ble Samuel Safford Isaac Tichenor Jonathan Hunt Jacob Bay- 
ley Peter Olcott Thomas Porter Ebenezer Walbridge Jn°- Strong- Timo- 
thy Brownson Thomas Murdock Jn°- Fassett Ju r - & 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 9 th - 1789. 
Met according to Adjournment. 

Present His Excellency Thomas Chittenden Esq r - Gov 1- - and the fol- 
lowing Members of the Hou bIe Council, Hon ble 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 Esq rs Joseph Fay Esq r - Secv- Samuel Fletcher Esq r - 
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 Mes rs - 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 — M r - Secretary Hopkins Clerk. The bal- 
lots being taken,' the Hon ble 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 

Hon bIe 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 rec d - appointing Mes rs - 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 Mes rs - 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 Mes rs - 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 am v 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 M r Bayley join the above 
Committee for the purposes therein mentioned. 

On a bill from the House Appointing Mes rs - 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 M r - 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, 12 th - October 1789. 

Met according to Adjournment. 

Present his Honor Joseph Marsh Esq r - I> Gov- and the following 
Members of the Hon ble Council viz*- Hon ble Samuel Safford Peter Olcott 
Jacob Bayley Jn° Fassett Thomas Porter John Strong Eben r - Wal- 
bridge Isaac Tichenor Esq rs - 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 rec d - from the House requesting the L 4 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 Dec d - to exchange a certain peice of Land 
with Roswell Hopkins Esq r - having passed the General Assembly was 
read & Concurred. 

Adjourned until 8 °Clock Tomorrow morning. 



Tuesday 13 th October 1789. 
Met according to adjournment. Present His honor Joseph Marsh 
Esquire L' Gov r - and the following Members of the Hon ble Council viz 1 
Hon ble 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 Mes rs . Jonathan Robinson, 
Lemnel Chipman, Abel Thompson, Ira Allen, M r - Wood, Bryant Brown, 
and Col - 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 M r - 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 Mes rs - 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 
Mes rs - 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 M r Hunt & M r 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* Gov 1 - 
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 Esq 1 "- Gov r - and the following 
Members of the Honorable Council viz 1 - Hon ble Jacob Bayley Peter Ol- 
cott John Fassett Thomas Porter Samuel Safford John Strong Ebenezer 
Walbridge Jonathan Hunt Isaac Tichenor Esq rs - 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 Hon ble 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 Mes rs - 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 M r 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 Gen 1 Assembly was read & Concurred. 

On the. petition of Benajah Childs, having been read in General As- 
sembly, and Mes rs - Converse, Marvin, & Parkhurst, appointed to join a 
Committee from Council, Resolved that M r 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 Esq r - Gov r - and the follow- 
ing Members of the Hon ble Council viz*- Hon ble 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 Esq 1 '- Gov r - His Honor Jo- 
seph Marsh Esquire I> Governor — and the following Members of the 
Hon ble Council viz 1 - Jacob Bay ley Peter Olcott John Fassett Thomas 
Porter Samuel Safford John Strong Ebenezer Walbridge Jonathan 
Hunt Isaac Tichenor Esq rs - 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 M r - Bay- 
ley join s d - Committee. Doctor Marvin's petition is also refered to the 
Consideration of the said Committee. 

On a bill from the House appointing Mes rs - 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 M r 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, 
& Mes rs 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 M r - 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 & Mes rs - Cutler, Paine, Johnson, & Hunt appointed a 
Committee to join a Committee of Council, Resolved that M r - 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 M r 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 Mes rs - Shumway, Johnson, Loomis, and Williams 
appointed to join a Committee of Council, Resolved that M r Strong join 
said Committee. 

Adjourned to 8 °Clock Tomorrow Morning. 



Saturday October 17 1789. 

Met according to Adjournment. 

Present His Excellency Moses Robinson Esq r - Gov r - His Honor 
Joseph Marsh Esq r - L* Governor and the following Members of the 
Honorable Council viz 1 - Hon ble Jacob Bayley Peter Olcott John Fassett 
Thomas Porter Samuel SafFord John Strong Eben r - Walbridge Jonathan 
Hunt Isaac Tiehenor Esq 15 - 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 Hon ble 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 M r - Tiehenor & Sec?- Fay who were appointed for that 
purpose. 

On the application of Col - 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 Esq r - Gov r - His Honor Jo- 
seph Marsh Esquire L 4 Governor and the following Members of the 
Hon b,e CoudcH viz*- Hon ble Jacob Bayley Peter Olcott John Fassett 
Thomas Porter Samuel Safford John Strong Ebenezer Walbridge 
Jonathan Hunt Isaac Tichenor Esq rs - 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 Law r rence Dec d - 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 rec d - 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 Esq r - Gov r - His Honor 
Joseph Marsh Esq r - I> Gov 1- - and the following Members of the Hon ble 
Council viz*- Hon ble Jacob Bayley Peter Olcott John Fassett Thomas 
Porter Samuel Safford John Strong Ebenezer Walbridge Jonathan Hunt 
Isaac Tichenor Esq rs - Joseph Fay Se&>- Elnathan Allen D. Sheriff. 

Hon ble Luke Knoulton Esquire being duly qualified took his seat in 
Council. 

On the Motion of M r - 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 M r 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 M r - 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 Esq r - Gov r - and the following 
members of the Hon ble Council viz* Hon ble Jacob Bayley Peter Olcott 
John Fassett Thomas Porter Samuel Safford John Strong Ebenezer 
Walbridge Jonathan Hunt Isaac Tichenor Luke Knoulton Esq rs - 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 p r - acre, being read, 
having passed the General Assembly was Concurred. 

An Act Granting a Tax of two pence p r - 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 p r - 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 p r - 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 M r - Safford, Resolved that M r - Olcott have leave of 
absence during the present Session agreeable to his request. 

An Act Granting a Tax of one penny p r - 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 22 d October 1789. 

Met according to adjournment. 

Present His Excellency Moses Robinson Esq r - Gov 1 "- and the follow- 
ing Members of the Hon ble Council viz*- Hon ble Jacob Bayley John Fas- 
sett Samuel Safford Thomas Porter John Strong Ebenezer Walbridge 
Jonathan Hunt Isaac Tichenor & Luke Knoulton Esq 1 * 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 M r - Tichenor join 
said Committee for the purposes Mentioned in said petition. 

An Act Granting a Tax of one penny p r - 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 p r 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 2 d - p r - 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 23 d - Oct r - 1789. 

Met according to adjournment. 

Present His Excellency Moses Eobinson Esq r - Gov 1 "- and the following 
Members of the Hon ble Council viz 1 - Hon ble 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 Hon ble 
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 viz 1 - 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 M r 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 Dec d - to Sell the real property of said 
Church, having passed the General Assembly was read and Concurred. 

On Motion of M r - 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 Esq r - Gov 1- - and the following 
Members of the Hon blc Council viz 1 - Hon bl ° Jacob Bayley Samuel Sattbrd 
John Strong Jonathan Hunt Isaac Tichenor John Fassett Thomas 
Porter Luke Knoulton Esquires. Joseph Fay Secy- Samuel Fletcher 
Esq r - 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 p r - acre on the Lands in Guild- 
hall having passed the General Assembly was read & Concurred. 

An Act Granting a Tax of 2 d - p 1 '- 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 p r - 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 Acct s - for running Town lines, and to prepare 
a bill repealling such parts of said Act as shall be found unconstitutional 
— Resolved that M r - Strong & M r - 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 p r - 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 
Esq r - 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 M r 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 p r - 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 Esq r - Gov 1 "- and the follow- 
ing Members of the Hon 1,lc Council viz 4 - Hon ble Jacob Bayley Samuel 
Saftord John Fassett Thomas Porter John Strong Jonathan Hunt Isaac 
Tichenor & Luke Knoulton Esq rs - Joseph Fay Sec*- Samuel Fletcher 
Sheriff. 

An Act Granting a Tax of one penny p r - 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 p r - 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 M r - SafFord & M r - 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 viz 4 - 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 p r - 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 p r - acre on the land in Killing- 
ton [Sherburne] read & Concurred. 

An Act Granting a Tax of one penny p r - 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 M r - 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 27 th October 1789. 

Met according to Adjournment. 

Present His Excellency Moses Robinson Esq 1 "- Gov r - and the follow- 
ing Members of the Hon ,,le Council viz*- Hon blc Jacob Bayley Samuel 
Safford Thomas Porter John Fassett John Strong Jonathan Hunt Luke 
Knoulton & Isaac Tichenor Esq rs - 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 Hon ble Isaac Tiche- 
nor Esq r - Stephen R. Bradley & Elijah Paine Esq rs - 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 
viz 4 - 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 Attorney 8 & 
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 Attorney 8 &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 viz 4 - that returns of Survey 8 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 Esq r - Gov r - and the follow- 
ing Members of the Hon ble Council viz 1 - Hon blc 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 M 1 '- 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 viz 1 - 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 29 th - October 1789. 

Met according to Adjournment. 

Present His Excellency Moses Robinson Esq 1 "- Gov r - and the following 
Members of the Hon ble Council viz*- Hon blc 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 Hon blc 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 viz 1 - 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 4— [Total,] £107 16 6. 

Treasurers office Westminster October 29 th - 1789. 
This may certify that M r * 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 S 5 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 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 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. The whole amount of said as- 
sessment being <£719 8 7. 
Rutland February 6 th 1790. Samuel Safford ) 

Gideon Olin V- Commissioners. 

Ros L Hopkins ) 
Copy Exarn d Jos. Fay Secv- 



RECORD OF THE GOVERNOR AND COUNCIL 

AT A 

SPECIAL MEETING AT BENNINGTON, JUNE 9 & 10, 1790. 



Bennington June 9 th 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 Esq 1 "- Late Surveyor 
General, & James Whitelaw Esq r - present Surveyor General, Holden at 
the Govn rs - House in Bennington the 9 th - June 1790, 

Present His Excellency Moses Robinson Esquire Governor, The 
Hon blc 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 Esq 1 " Governor, The Hon ble 
Samuel Safford Tim - Brownson Ebenezer Walbridge Jonathan Hunt 
Isaac Tichenor & Luke Knoulton Esq 1 " 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 Esq 1 "- 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 Esq 1 '- 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 D d 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 Esq 1 '- D d - 

Adjourned without day. Jos. Fay Secy- 



Dekenter of Council 10 June 1790. 
Samuel Saftbrd .£0 14 4, Ebenezer Walbridge 14 8, Isaac Tichenor 
14 4, Jonathan Hunt 15 8, Luke Knoulton 15 8, Tim - Brownson 13 
0, Joseph Fay SecP- 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 
rec d - 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 14 th day of October 
1790 : 

Present His Excellency Moses Robinson Esq r - 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 Esq 1- - Sheriff. 

A bill from the House was rec d - 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 Mes rs - Safford, Olcott, Bayley, 
Walbridge, Porter & Brownson join said Committee. 

The Committee reported the following Gentlemen to be duly Elected 
viz* The Hon ble Thomas Chittenden Esquire Governor. No choice for 



G-overnor and Council — October 1790. 207 

I> Governor. The Hon ble 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 15 th October 1790. 

Met according to adjournment. 

Present the Hon ble Samuel Safford Tim - Brownson Peter Olcott 
Thomas Porter Jacob Bayley Ebenezer Walbridge. Joseph Fay Secy- 
Jonathan Bell Esq r - Sheriff. 

A bill from the House was rec d - requesting the Council to join in Grand 
Committee for the purpose of Electing a L*- Governor. The Hon ble 
Timothy Brownson in the Chair, Joseph Fay Clerk. The Ballots being 
taken the Hon ble Peter Olcott was declared to be duly Elected. 

Adjourned to 8 °Clock Tomorrow. 



Saturday 16 th - October 1790. 

Met according to adjournment. 

Present His honor Peter Olcott Esq r - L 1 Gov r - and the following Mem- 
bers of the Hon ble Council viz*- Samuel Safford Timothy Brownson Jacob 
Bayley Thomas Porter Ebenezer Walbridge. Joseph Fay Esq r - Secy- 
Jonathan Bell Esq r - 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 rec d - 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 M 1 '- Safford join said Com- 
mittee. 

A petition from Samuel Buck of Arlington Administrator on the Es- 
tate of Lemuel Buck Dec d - 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 M 1 *- 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 18 th 1790. 

Met according to Adjournment. 

Present his honor Peter Olcott Esquire L* Governor and the follow- 
ing Members of the Honorable Council viz 1 - 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 M r - Bayley and M 1 - 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 M 1 - 
Walbridge join said Committee. 

Hon blc Luke Knoulton Esq r - arived & being duly qualified Took his 
seat in Council. 

Adjourned to 8 °Clock Tomorrow. 



Tuesday 19 th October 1790. 

Met according to adjournment. 

Present His honor Peter Olcott Esquire L* Governor, and the follow- 
ing Members of the Honorable Council viz 4 - Samuel Safford Timothy 
Brownson Jacob Bayley Ebenezer Walbridge Thomas Porter Luke 
Knoulton. Joseph Fay Secv- Jonathan Bell Esq 1 *- Sheriff. 

A bill from the House was rec d - appointing a Committee to join a 
Committee of Council to report the necessary alterations to be made in 
the Militia act, whereupon, Resolved that M r - 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 M r 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 M r - Bayley join said Committee. 

Adjourned to 2 °Clock P. M. 

Met according to adjournment. 

A bill was rec d - 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 M r - 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 viz 1 - 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 M r - 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 Hon ble Isaac Tichenor Esq r - 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 M r - Knoul- 
ton for a Conference. 

A bill from the House was rec d - appointing a Committee to join a Com- 
mittee of Council for the purpose of preparing a bill of Insolvency; Re- 
solved that M r - 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 Hon ble Council, viz*- Samuel Safford Tim - Brownson Jacob 
Bayley Thomas Porter Ebenezer Walbridge Isaac Tichenor Luke Knoul- 
ton. Joseph Fay Secv- Jon a - Bell Esq r - Sheriff. 

A Message from the House by Doct r - Green was rec d - 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 L 1 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 Esq r - 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 Gen 1 - Assembly was read & Concurred. 

His Excellency Thomas Chittenden Esquire arived and was rec d -, 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 Gov r - His 
Honor Peter Olcott Esquire I> Governor and the following Members of 
the Honorable Council viz 1 - Samuel SafTord Tim - Brownson Jacob Bayley 
Thomas Porter Ebenezer Walbridge Isaac Tichenor Luke Knoulton. 
Joseph Fay Secy- Jonathan Bell Esq r - 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 M r - 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 M 1 '- 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 M r - Porter join said Committee. 

A message was rec d - from the House, requesting the Gov r - 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 M r - Olcott to 
be L* Governor, also to appoint Judges of the Supreme Court. His Ex- 
cellency Governor Chittenden in the Chair, Joseph Fay Esq 1- - Clerk. 
The ballots being taken for a Member of Council the Hon ble Jonathan 
Arnold Esquire was declared to be duly Elected. The ballots being 
taken for the appoint of a Chief justice the Hon ble Nathaniel Chipman 
Esq 1 '- was declared to be duly Elected. The ballots being taken for the 
first side judge, the Honorable Noah Smith Esq 1 '- was declared to be 
duly Elected. The ballots being taken for a second side judge the 
Hon ble 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 22 d October 1790. 

Met according to adjournment. 

Present His Excellency Thomas Chittenden Esq r - Gov r - The Hon ble 
Peter Olcott Esq r - I> Gov r - and the following Members of the Hon ble 
Council viz 1 - Samuel Saflbrd Tim - Brownson Jacob Bayley Thomas Por- 
ter Eben r - Walbridge Isaac Tichenor & Luke Knoulton Esq rs - Joseph 
Fay Sec?' Jonathan Bell Esq 1- - 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 Gov r - 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 acc ts - 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 M r - Porter join s d - Committee. 

An Act granting Liberty to Joel Lyman to enter an Action in the 
Supreme Court, viz'- Joel Lyman against Joel Lyman Ju r - having passed 
the Gen 1 - 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 Dec d - having [been] read 
in General Assembly and a Committee appointed thereon to join a Com- 
mittee of Council, Resolved that M r - SafFord join said Committee. 

Adjourned to 9 °Clock Tomorrow. 



Saturday 23 d October 1790. 

Met according to adjournment. 

Present His Excellency Thomas Chittenden Esquire Gov 1 "- His honor 
Peter Olcott Esquire I> Governor, and the following Members of the 
Honorable Council viz 1 - Samuel Safford Jacob Bayley Tim 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 [25 th ] October 1790. 

Met according to adjournment. 

Present His Excellency Thomas Chittenden Esq r - Gov r - His honor 
Peter Olcott Esquire L 1 Governor and the following Members of the 
Hon ble Council viz*- Samuel SafFord Jacob Bayley Tim Brownson Thomas 
Porter Ebenezer Walbridge Isaac Tichenor Luke Knoulton. Joseph 
Fay Sec'-'- Jon a - Bell Esq r - 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 M 1 Walbridge; 
join said Committee. 

Adjourned to 9 °Clock Tomorrow. 



Tuesday 25 th [26 th ] October 1790. 

Met according to adjournment. 

Present His Excellency Thomas Chittenden Esq r - Gov r - the Hon ble 
Peter Olcott Esquire L* Governor and the following Members of the 
Hon ble Council viz 4 - Samuel SafFord Tim - 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 M r - 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] p r - acre on all the Lands in 
Williams town, having passed the Gen 1 - Assembly was read and Con- 
curred. 

An Act Granting a Tax of one penny p r - 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. 

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 ace 4 - that it 
appeared to the Council that the Proprietors had paid said Tax — And 
whereas James Whitelaw Esq r - 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 Esq r - Governor, His honor 
Peter Olcott Esquire L* Gov r - and the following Members of the Hon ble 
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 rec d - a Message from the 
House, requesting them to join in a Committee of both houses for the 
purpose of Electing an Audittor of Acc te - His Excellency the Governor 
in the Chair, Iloswell Hopkins Clerk, The Ballots being taken the 
Hon ble 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 Col - 
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 [28 th ] October 1790. 
Met according to adjournment. 

Present His Excellency Thomas Chittenden Esquire Gov 1 '- His 
honor Peter Olcott Esquire L*. Gov 1 *- and the following Members of the 
Honorable Council viz 4 - Samuel Saiford Tim - Brownson Jacob Bayley 
Thomas Porter Ebenezer Walbridge John Strong Isaac Tichenor Luke 
Knoulton. Joseph Fay Se&- Jon a - 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 rec d - requesting the Governor and 
Council to join in Committee of both houses for the purpose of appointing 
a Brigadier Gen 1 - of the 7th Brigade, when the Hon ble 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 rec 1 - in full has been given October 1790. 

Samuel Safford, ) Land 
John Strong f Committee. 
Copy Exam d - & True Copy D d 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 Exam d - 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 Hon ble 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 [29 th ] 1790. 

Met according to adjournment. 

Present as Usual. 

The Honorable Ira Allen was yesterday appointed -Major General of 
the 3 d Division & the Honorable Jonathan Spafford Esq 1- was Elected 
Brigadier General of the 7 th 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 Gov r - 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 11 th January 1791. 

Met according to adjournment. 

Present His Excellency Thomas Chittenden Esquire Gov r - His Honor 
Peter Oleott Esquire L* Governor, and the following Members of the 
Hon ble Council viz* Tim 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 rec d - 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 Esq r Gov r His honor 
Peter Oleott Esquire L* Governor and the following Members of the 
Honorable Council viz*- Tim - 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 rec d - by M 1 • 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 M r 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, Hon blc Gideon Olin, Isaac Tichenor, Stephen R. Bradley, Nath 1 
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 Esq 1- I> Governor & the following Members of Coun- 
cil viz 1 - Tim - Brownson John Fassett Samuel Salibrd Thomas Porter 
John Strong Jonathan Hunt Nath 1 - Niles Eben 1 ' 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 rec d - a Letter from Ros 1 Hopkins Esq r - 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*- Tim - Brownson John Fassett Samuel Safford 
Thomas Porter Nath 1 - 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 rec d appoint'^ a Committee to join a Com- 
mittee of Council to receive the return and Chart of the Surveyor Gen- 
eral; Resolved that M r Walbridge & M r - Tichenor join said Committee. 

A written Message from the House was rec d - 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 rec d - 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 M r - Tichenor & M r 
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, M r 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 Esq r - Gov 1 '- His Honor 
Peter Olcott Esquire L 1 Governor and the following Members of the 
Hon ble Council viz 1 - 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 Dec d 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 M r Hunt & M r - Safford join said 
Committee. 

The Honorable Samuel Mattocks Esquire as Principle, & the Honora- 
ble John Strong and Nath 1 Chipman Esq rs - 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 viz 1 - 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 17 th - January 1791. 
Met according to adjournment. 

Present His Excellency Governor Chittenden, His honor 1> Governor 
Olcott and the following Members of the Hon ble Council viz 1 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 Mes rs - 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 Esq 1 "- I> Governor, and the following Members of the Honorable 
Council viz*- Timothy Brownson John Fassett Thomas Porter Samuel 
Safford Nath 1 - 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 M r - Tichenor to proceed to the Election the Bal- 
lots being taken, the Hon ble Nathaniel Chipman Esq r - & Lewis R. Mor- 
ris Esquire was Declared to be duly Elected. 

The Committee then proceeded Agreeable [to] Adjourn 1 - 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 M r - 
Safford and M r - Brownson join said Committee. 1 

This may certify that Ebenezer Strong and Benjamin Davis Esquires, 
have paid into the Treasury (the same being rec d - 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 p r - right. 

£420. Samuel Mattocks, Treasurer. 

Treasury office, January 17 th - 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 Gen 1 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 M 1 '- Arnold and M r - Strong join said 
Committee State facts & report. 

An Act Granting a Tax of one penny p r 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 2 d - p r - acre on the Township of Fairfield, 
returned to the House proposing one penny in lieu of 2 d - 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 p r - 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 Hon blc 
Council viz 1 - Tim° Brownson John Fassett Samuel Safford Thomas 
Porter Nath 1 - Niles Ebenezer Walbridge Jonathan Hunt John Strong 
Iaac Tichenor Luke Knoulton Jonathan Arnold. Joseph Fay SecP- 
David Robinson Sheriff. 

M r - Bradley, M r - Hitchcock & M r 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, M r - Arnold and M r 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 rec d - 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 M r - 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 Hon blc Moses 
Robinson Esquire & Nath 1 - Niles Esq r - 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 rec d - 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, Ros 1 Hopkins 
Esquire Clerk, the Ballots being taken the Hon ble Moses Robinson Esq r - 
& Stephen R. Bradley Esq r - was declared to be duly Elected. The Com- 
mittee Dissolved. 

On the petition of Stilman Foot, Resolved that M r - 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 Hon ble Council, Tim 
Brownson John Fassett Samuel Saffbrd Thomas Porter Nath 1 - Niles 
Ebenezer Walbridge Jonathan Hunt John Strong Isaac Tichenor Luke 
Knoulton Jonathan Arnold. Jo s - 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 p r - 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 p r - 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 viz 1 - 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 2 d - p r - 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 Hon ble Council viz 1 - 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 4 fl - p 1 *- 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 Hon ble 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 M 1 '- Safford and M r - Por- 
ter join said Committee. 

A bill from the House rec d - 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, M r Arnold 
and M r - Niles were appointed to join said Committee. 

An act Granting a Tax of one penny p r - 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 p r - 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 .p r - 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 22 a January 1791. 

Met according to adjournment. 

Present His Excellency Governor Chittenden, His Honor U Gover- 
nor Olcott, and the following Members of the Hon ble 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 Gen 1 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 M r - 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 L f Governor 
Olcott and the following Members of the Honorable Council viz 4 - Tim 
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 viz 1 
To his Excellency Thomas Chittenden Esq r - Gov r - &c. 

Si r ^ — 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 M 1 - Smith) 
be Transmitted to the Gen 1 - Assembly. 

On Motion of M r - 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 propri ts 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 
& M r - 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 Hon ble Council as yesterday. 

An Act Granting Moortown [Bradford] having passed theGeneral 
Assembly was read and Concurred with this amendment viz 1 - 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 Esq r - resigned. The Ballots 
being taken the Hon b,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 p r - acre in the Township of l 

having passed the General Assembly read & Concurred with one penny 
in lieu of 2 d - 

An Act Granting a Tax of one penny in Brookfield read and Concurred. 

An Act repealling an act for fulfilling Contracts having passed the 
Gen 1 - Assembly read & Concurred. 

An act Granting a Tax of l d - £ 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 
p r - 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 
l e - Division. The Ballots being taken the Hon ble 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 p r - 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, & M r - 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 Esq 1 '- 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 Nath 1 - 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 M 1 '- 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 10 th 1791 & ending the 27 th both days 
included. 

His hon r - L> Governor Olcott £15 6 8, Tim - Brownson 6 12 4, Jn°- 
Fassett 8 lb 0, Samuel Safford 6 8, Thomas Porter (i 14 4, Nathaniel 
Niles 8 9 4, John Strong 7 19 4, Ebenezer Walbridge 6 8, Jon a - Hunt 
7 18, Isaac Tichenor 6 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. 2 d [manuscript.] 
Recorded by Joseph Fay Seev- to the Gov 1 - & Council. 



Treasurers office Bennington Jan^ 27 1791. 
Rec M of the Hon l)le Luke Knoulton Esq 1 - 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 p r - thousand. Three hundred acres exempted by Resolve 
of Council. S. Mattocks Treas r - 

£130 19 

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, u is 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 6 th 1782. 

Gentlemen Your Petition dated the 26 th 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 in f o 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 15 th 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 obed 1 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 27 th September 1782. 
Gentlemen You doubtless have been informed by M r 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 
M r - 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* serv 1 

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. 

D r S r — Ten Days since I had Inteligence which I depended upon 
from IS 1 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*- Humb 1 Serv 1 - 

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 4 th 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 10 th 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 Serv t: 

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, Esq r - 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 M r - 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 M r - 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 17 th 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 Gen 1 - 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 hon ble Moses Robinson, Paul Spooner, 
Ira Allen, Jonas Fay, Esquires. 

" Adjourned until 2 °Clock afternoon. 

" 2 °Clock P. M. 

" On motion made by Col - Lyon, Resolved that a Committee of tive 
be appointed to draw instructions to the Agents to Congress. 

" The following persons were chosen, viz. — M r - A. Curtis, [probably 
Abel, of Norwich,] Gen 1 - Safford, Col - Brownson, M r - Chipman, [prob- 
ably Nathaniel,] and M r - Porter. 

"•Adjourned until tomorrow morning 10 °Clock. 

"Oct'- 18 th - 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 hon ble 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 Gov 1 "- be requested to commissionate them accordingly. 

u Tim°- Brownson, Ch mn - 

"The aforesaid Committee likewise brought in the following, viz. — 

" Private Instructions to the Hon ble Moses Robinson, Paul Spooner, Ira 
Allen and Jonas Fay Esq rs - 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. 

"Tim - Brownson, Ch mn - 



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 M r - Tichenor, Resolved that Col . Allen, M r Tiche- 
nor, M r 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, Gl k -" 

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 M r A. Curtis 
[probably Abel,] on that part of the Report investing them with Pleni- 
potentiary power, they stand as follows, viz. — 

Yeas— M r Ormsby, M r - Bull, M r - Fassett, M r - Lyon, M r - Strong, M r 
Baldwin, M r - Amos Curtis, M r M. Robinson, [of Rupert,] M r Hick- 
cock, M r - Speaker, [Increase Moseley,] M r Drury, M r - Butterfield, M r - 
Lock, M r Aiken, M r Norton, M r Spear, M r - Strong, M r - Stebbins, M r 
Mattocks, M r Whipple, M r Willard, M r - Edgerton, M r Ward, M r Wat- 
son, M r Moulton, M r Rowlee, M r - Murray, M r - Merriman, M r Under- 
wood, M r - Sabin, M r Willson, M r - Kathan, M r . Wait, M r - Simons, M r 
Cottle, M r - Gilbert, M r - Lovewell. 

Nays — M r - 1. Robinson, [Capt. Ichabod, of Shrewsbury,] M r - Hunt, 
M r Hamilton, M r Smalley, M r E. Robinson, [Col. Elijah, of Weathers- 
tield,] M r Abel Curtis, M r Parkhurst, M r - Beeman, M r Chipman, M 1 - 
Taylor, M r - Olcott, M r - Hazen, M r - Murdock, M r - Carroll, M r - 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 acc ts - &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 p r - day they bearing their own expences. 

"Sam l - Fletcher, for Com tee >" 

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 hon ble 
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 Esq r - 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 Hon 1 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. 10 th 1783. 
On motion ordered that Col. Ira Allen & Thomas Tolman, Esq r - pre- 
pare and complete the draught of a Remonstrance or Letter to the Pres- 
ident of the Hon 1 - 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 5 th of 
November to the 5 th of December 1782 respecting Vermont, among 
which were the resolutions of the 5 th of December. The said proceed- 
ings were attested by George Bond, Dep. Sec? A letter from the hon b,e 
Jonathan Arnold, Esq" ■» [delegate in Congress from Rhode Island,] dated 
Philadelphia, Dec r - 25 th - 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 26 th - Dec r - 1782; A letter directed 
to his Excellency the Gov r - signed by Isaac Tichenor, dated at Benning- 
ton 2 d - Feb?- 1783, enclosing instructions from the legislature of New 
Jersey to their delegates [in Congress,] dated Nov r - 1 st 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 Esq r - 
directed to his Excellency the President of Congress, dated Benning- 
ton Jan>- 9 th 1783 — was read. 

On motion made by M r . Enos and seconded by M 1 - Lyon, Resolved, 
that a Committee of five be appointed to take under consideration the 
Resolutions of Congress of the 5 th - 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 M r - Chipman, M r - 
E. Robinson, M r - Enos, M r - Strong and M r Sabin. 

In Council: Feb. 17. A Letter of the 13 th Instant from major Jo- 
seph Fay, was read, and a verbal relation at the same time made by Isaac 
Tichenor, Esq r - relative to the transactions of Congress respecting the 
State of Vermont, on passing their act of the 5 th - 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. — 2 dl y- — 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 neeessarj 7 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 M r - Wait. 
M r - E. Robinson, M r Lawrence, M r - Enos, M r - Lovewell, M r - Tiche- 
nor & M r - Murdock.i 

On motion made by M r - 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 M r - Abel Curtis, M r - Elijah Robinson. M r - Chip man 
and M r - 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. Gen 1 - Roger Enos, Col - John Strong, Gen 1 - 
Sam 1 - Safford, Col - Elijah Robinson, Col - Timothy Brownson, Col - Ben- 
jamin Wait, Col - 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 9 th Article in 
the arrangement [of business for the session] and make Report. — The 
members chosen M r - Mattucks [Mattocks,] M r - Eb. Curtis, M r - Ben- 
jamin, M r - Drury & M r - Loomis. 3 

A deposition of Oliver Lovewell [Lovell] Esq r - sworn the 18 th - 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 6 th - 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 M r - Lyon, M r - Abel Curtis and M r - 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 M r - Benjamin, M r - Aiken, M r - 
Ormsby, M r - Parkhurst and M r - Murray. 2 

Feb. 20. — The Committee to whom was refered the 9 th 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. Sam l - Safford, for Com tee " 

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 hon ble General Assembly. 

Peter Olcott, for Com tee -" 

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 Esq rs - and Col - Ira Allen. 

*"• A copy of a letter signed by his Excellency the Governor dated Ar- 
lington Nov r - 14 th - 1781, directed to his Excellency General Washington, 
was read. 2 * * * 3 

Tuesday Feb^- 25 th - 1783, 2 °Clock P. M. 

* * * 3 1; Governor Spooner, Judge Fay, M 1 • Tichenor, M r - 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 !S f ates, 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, Ros L 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, viz 1 - — 

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?- 24 th - 1783. | 

The above Act was read and passed the House 

Attest, Koswell Hopkins, Clerk. 

In Council, Windsor, February 25 th - 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 5 th - 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 7 th - and 21 st 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 21 st of August 1781 — is not the Resolutions of the 5 th - 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 5 th - 
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 21 st - 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 
Hollister 1 s 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 s d - 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 s d - 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, Co 1 - 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, s d - 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 would t further 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 Esq r - 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 18 th - 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 v e Gov r - & Council. 

State of Vermont, Arlington March 14 th - 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 hon ble 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 Decern 1 "- 28 th - 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 Ros 1 - 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 Tho 8, Chittenden 
Esq*"- and the other papers relative to the territory call d - Vermont 

Report that it will be proper for Congress to determine wither 
[whether] the inhabitants of that district commonly call d - 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 refer d to in the different papers that have been refer d 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 



A The 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. Gen 1 - 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 w r ho 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. Gen 1 - 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 31 th: 1782 

at a Legal meeting of S d - 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 S d - state of Newhampshire. 

but two men Voted in the Negative who war William Wollis and Levi 
Sylvester Jacob Kent Town Clerk. 

Newbury November 7 th: 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 S d - State for which we 
return S d - 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 ) , , 
Joshua Bayley I Selectmen 
Frye Bayley \ of Newbury. 

The Hon ble: 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 letter 2 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 Gen rl - 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 2 d 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 y r - Most Ob e 
& Hum le 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 \ y e 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 21 st 1782 read & concurred. 

M. Weare President. 

Copy Exanv 1 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. 

Philad a - Dec. 11 th - 1782. 
You have Inclosed Sundry Resolutions passed the 5 th Inst. Respecting 
the affairs of Vermont; a Resolution is now under Consideration 2 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 Obed 1 - Servts, 

P. White, 

John Taylor Gilman, 
Hon bIe Meshach Weave Esquire. 



John Taylor Oilman to Prest. Weave. 

Philad a > Jan? lG th 1783. 

Sir, — Your favor of the 30 th Ultimo (on the subject of Vermont af- 
fairs) came to hand yesterday. Am Sorry to find that the Hon ble 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 Gen 1 - 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 Obed 1 Serv 1 

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 y r - 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 since 1 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 

L Life 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 Esq r - 

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: 

3 d — That some effectual measures be taken to quiet the present 
Disorder in the Southern part of Windham County. 

6 th - — 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 3 d - 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 6 th - 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 M r - Ormsby, M r - Marvin, M r - Underwood, 
M r E. Curtis and M r - Lovell. 1 

Oct. 15. — Resolved that his Excelleney and Hon ble: 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 Hon ble 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 p r: 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 Col - Wait's Regiment, and 
the other Company from Col - 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 Col - 

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 Governm 1 - 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. 

3 Eastern 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 14 th - 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 Hon ble 
Moses Robinson, Esq r > the Hon ble Isaac Tichenor Esq 1- ' His Honor Paul 
Spooner Esq r ' The Hon ble Ira Allen Esq r - and Stephen R. Bradley Esq r - 
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 Hon ble Moses Robinson, Isaac Tichenor and 
Paul Spooner Esq rs: were duly chosen. 

In Assembly, Oct. 26 1783. 
Resolved that His Excellency the Governor and the Hon ble 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, Oct r - 6 th - 1783 di- 
rected to his Excellency Gov 1 '- Chittenden — was read. 

Copy of orders delivered by the Captain General to Col - Wait dated 
Oct r - 24 th - 1783— was read. 

A letter signed Micah Townseud Esq r - directed to his Excellency 
dated Nov- 20 th - 1783 l — and a copy of his Excellency's answer dated 
Dec r - 9 th - 1783 — read — likewise a copy of alettei signed by his Excellency 
of the same date directed to Col - Benjamin Wait — was read. 

A letter signed by General Roger Enos and Col°- Nathan Stone dated 
Dec 1 *- 18 th - 1783 directed to his Excellency was read. 

A copy of a letter signed by his Excellency directed to Joseph Farns- 
worth Esq r - dated Dec r - 24 th - 1783 was read. 

A letter signed by Col - Benjamin Wait directed to his Excellency 
dated Dec r - 18 th - 1783 also his Excellency's answer dated Dec r - 24 th - 1783 
— were read. 

A letter or petition signed by a number of men in opposition to this 
Government dated Brattleborough Jan^ 6 th - 1784 directed to his Excel- 
lency — And his Excellency's answer directed to John Bridgman dated 
Jany- 10 th - 1784— were read. 2 

A letter signed by Joseph Farnsworth Esq r - Corny- Gen 1 - dated Jan?- 
16 th - 1784 directed to Gen 1 - Sam 1 - Saftord — and a letter signed by Gen 1 - 
Safford dated Jan^- 18 th - 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- 18 th - and 19 th - 
1784 were read. 1 

A copy of a letter signed by his Excellency directed to Col - Benj a - 
Wait dated Jany- 19 th - 1784— was read. 

A letter signed by Joseph Farnsworth Esq r - dated Brattleborough 
Jany- 29 th - 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 Esq r - dated Guilford Jany- 24 th - 
1784 — also two other letters signed by his Honor and directed to his 
Excellency both dated Jan?- 25 th - 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- 24 th - 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 M 1 [Gideon] Olin, M r - Harmon, M r - Sabin, M r - A. Smith, 
[Abidah, of FomfretJ and M r - 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 M r - Ormsby, M r - Harris, M r - Shumway, M r - Lyon and M r - Sabin. 1 

In Assembly: Feb. 25. — The committee M r - Olin, M r - Harmon, M r - 
Sabin, M r - A. Smith and M r - 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 Sam 1 - 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 M r - Walbridge, M r - Ward, M r - 
Knight, M r - Moredock and M r - 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 M r Knight, M r - Ward and M r - Lyon. 2 

Feb. 27.— The Committee M r Walbridge, M r - Ward, M r - Knight, M r - 
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. — Col - 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 M r - More- 
dock, M r - Walbridge and M r - 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. Com dt dated Guilford 
March 7 th 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 M r - Lyon, M r - Barber and M r 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.— M r - Lyon, M r Barber and M r - Wait the Committee to whom 
was refered the letter of Elijah Knight Lieut. Comd 4 - brought in their 
report which was read and thereupon 

Resolved that his Excellency be requested to write to the Gov r - 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 Gen 1 - 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 Gen 1 - 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 f hese 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 1 782. 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 
northern 8 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. 3 Same. 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 Morris 4 (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 a