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STATE PAPERS OF VERMONT

VOLUME THREE

JOURNALS AND PROCEEDINGS

(VOL. I)

OF THE

GENERAL ASSEMBLY

OF THE

STATE OF VERMONT ^encr^l a^s^

March, Jxjne and October Sessions, 1778; February, June

AND October Sessions, 1779; AIarch and October

Sessions, 1780; February, April and

June Sessions, 1781; with '^V,•

Explanatory Notes. , "'■"

■«■>••>»

Published by Authority * " *,' s , . .

By {^\'\ :::::

AARON H. GROUT •:;;; .::;;

Secretary of State \.\\ \V\ '-

BELLOWS FALLS

P. H. Gobie Press, Inc.

Printers - Binders

1924

JST

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EDITOR'S NOTE

In pursuance of a legislative policy providing for the publication from time to time of State Papers relating to the early history of Vermont, the General Assembly in 1923 appropriated the sum of ^2,000 annually for the biennial period, 1923-1925. Owing to the fact that the Journals of the General Assembly from the organization of the State Government to the year 1783 never had been published (or if a few copies were pub- lished not one copy was preserved), it was deemed wise to print these im- portant papers in two volumes, with explanatory notes, thus making available details of early State history hitherto available only to historical scholars who might consult the original manuscript copy of the Journals. The spelling, capitalization, punctuation and paragraphing have been preserved in order that the original style of the Journals may be pre- sented to the reader. Where names of towns have been changed, or names or words are incorrectly spelled in a manner likely to confuse or mislead the reader, corrections have been inserted in brackets. In editing these Journals the intention has been to preserve the original text exactly 'as written, making insertions in brackets only where they were necessary to clarify the meaning of the original document. The footnotes are designed to aid the reader in understanding more clearly the Vermont history of the period, and to save the necessity of a frequent consultation of works of reference. The editor desires to acknowledge the aid given in this work by James B. Wilbur of Manchester, student of Vermont history, and Rawson C. Myrick of Montpelier, Deputy Secretary of State.

WALTER H. CROCKETT,

Editor.

Burlington, Vermont.

INTRODUCTION

The Journals of the General Assembly of Vermont, from its first session, which was held at Windsor, Vermont, in March, 1778, to and including the October, 1783, session, are included in these volumes. Being authorized by the State and issued by the Secretary of State, they constitute, with the possible exception of some of the Journals for

1778, the first official printing of these records. To the late Secretary of State, Harry A. Black, is due the credit for having the necessary funds provided by the Legislature with which to continue the publication of State papers having to do with the early history of Vermont. Aaron H. Grout, the present Secretary of State, (1924) selected the material for publication and proposed the form in which the Journals appear. Edited by Vermont's historian, Walter H. Crockett, they become valuable historical records. No comprehensive and intelligent under- standing can be had of the early history of this State, without the perusal of these Journals.

In the account presented by Judah P. and Alden Spooner, the State printers, in June, 1779, is an item dated November 10, 1778, for printing "200 Journals of Assembly, £45-0-0." This bill was paid by Ira Allen, State Treasurer, on June 3, 1779, so it may be fairly presumed that some of the Journals for that year were officially printed; however, no copy has ever been located. Owing to the fact that the "Votes," Resolves and Acts passed at the three sessions in 1778 were only temporary and also that during at least one of the sessions, representatives from several towns in New Hampshire voted on all questions, it is possible that all these Journals were destroyed between November 10, 1778 and February,

1779, when the "Union" between Vermont and sixteen towns in New Hampshire was dissolved. One other bill was paid to the Spooners by the State Treasurer, dated April 3, 1779, for " Printing 60 votes of Assem- bly, £10-0-0. " It is my opinion that this charge was made for printing the proceedings of October 21, 1778, when the New Hampshire members of the Assembly were voted "out" and withdrew from the House. The Assembly voted October 21, 1778, to have the proceedings of that day printed. No other bills have been found for printing any other of the Journals herein contained.

In 1823, a volume of 567 pages, "Vermont State Papers," was com- piled and published by William Slade, Jr., Secretary of State, who was born in 1786. This was authorized and paid for by the State. In his introduction, Slade wrote, "Every government, therefore, should possess and should place within the reach of the people, a complete history of its own legislation. * * *The early institutions of a government are peculiarly liable to be lost sight of, in the progress of improvement. Superseded by new systems, they are supposed to have lost their value

VI Introduction

and are permitted to pass into oblivion. This has been in a pecuHar sense true of the original Constitution and laws of Vermont'. Thirty- five years only have elapsed since that revision [1787] and not a single entire copy of the laws passed previous to that time is to be found." This is a remarkable statement as we have now located, with two minor exceptions (laws passed April, 1781, 2 pages, (first portion) and October 27, 1781, I page) all the laws printed from February, 1779, to 1791, the period ending Vermont's existence as a Republic. In these State Papers, Slade has published the Journals of 1778 only, so it is evident that at that early period, the printed Journals above referred to, were not known.

The manuscript records for the earlier sessions, if not the entire record, from which these Journals are printed, were undoubtedly written long after the holding of the sessions. They are in the hand- writing of Dr. Roswell Hopkins, Clerk of the Assembly from 1779 to 1788 and Secretary of State from 1788 to 1802. Born in 1733, at this time he resided in Vergennes and lived to be ninety-seven years old. He wrote a clear, legible hand and the only variation which can be noticed in it during all the years, is the difference caused by a good or bad goose quill, with which they are all written. His compensation, while Clerk, varied. The only instance, of which we know, in the records of the State, where the Legislature voted more than the amount recommended by the committee appointed to fix the compensation of the Clerk, occurred at the March session of 1780. The October session of 1779 had voted that the Clerk's pay be £6, about ^20 lawful money, per day. The committee of the March, 1780 session reported that he should be paid $18 lawful money, per day. The Assembly refused to accept this report and voted him ^46 lawful money, per day. It indicates that lawful money, at this time, was not on a specie basis. After 1780, his compensation ran from 7 to 12 shillings per day.

The early records lack detail and were copied from scraps of paper on which the minutes, resolutions and acts were written. Many blank spaces are left for resolutions and petitions that undoubtedly could not be found at the time of copying. Many of the reports of committees are omitted, if not lost; they were considered unimportant where no definite action was taken. Few of the remonstrances and petitions pre- sented at the different sessions were copied. While many of them were dismissed with little consideration, they indicate the character of the people, and in some cases, expose conditions which, at that time, existed. Of special interest, would be the charges brought against Ethan Allen, in the session of 1780, which induced Allen to resign as Brigadier Gen- eral of the militia. The record of the first session held at Windsor, March 12, 1778 does not contain a list of members and at the bottom

I. Vermont did not possess a copy of its first Constitution until 1879, when it was

purchased at the Brinley sale for ^'2.00. It is now [1924] worth about $1,000.

Introduction

VII

of the first page, Hopkins wrote: "A list of the representatives was not entered in the Journal and is not to be found. "

The first compensation noted for copying Journals, in any of the proceedings is the following, which passed the Assembly, March 3, 1784:' A petition, signed, Roswell Hopkins, "Praying that he may have a Pay- table order (which he had obtained for recording the Journals of Assem- bly) paid, by giving him an order on the three penny tax was read and the prayer thereof granted, and thereupon it was resolved, that the Treasurer be, and is hereby directed to give an order, for the sum of four pounds, one shilling and three pence, [specie] etc., order to be dated, February 24, 1784." This sum must have been paid for copying Journals previous to this session. The first provision in any Journal pro- viding for printing the Journal of Assembly, is a resolution passed at the February, 1784, session,^ directing the Secretary, "as soon as may be after the rising of each session of the Legislature, to revise, and record the Journals of the proceedings, make a fair copy for the press, * * * when printed, etc." Many of the laws passed from 1779 to 1783 during these sessions, are not mentioned in these Journals nor in "Governor and Council," edited by E. P. Walton and published in 1874^, in eight volumes, by authority of the State. To indicate how incomplete the records were, on request of Hopkins, on October 27, 1781, it was "Re- solved, that he have liberty to record the Journals of this House and make such amendments as he shall judge proper without altering the sense of the House. "

As a further illustration of the slight regard for the preservation of the early records during this time when the State was surrounded by her enemies, attention may be called to the fact that at the 1782 session, ('') it was "Resolved, that the Secretary of State is directed to leave a blank in the record in order to record such laws as are mislaid and cannot, at present, be found and to record, from the printed copies where he is not possessed of the original acts, and where acts have been printed, to record them although the titles of them may not be entered on the Journals as having passed the General Assembly." Only at the end of the Journals of the February and June, 1782, sessions, did Hopkins attest their correctness, by stating "The foregoing are a true copy of the original Journals of the Assembly from the 31st of January to the 28th of March, 1782. Recorded by Roswell Hopkins, Clerk, " and "The foregoing are a true record of the Journals of Assembly from the 13 th to the 2istof June, 1782."

Notwithstanding these omissions, the present volumes complete the printed records of the Assemblies of the Republic of Vermont, which began the publication of its Assembly Journals in February, 1784.

1. Journal, Feb. 1784, p. 37.

2. Journal, Feb. 1784, p. 9.

3. The Vermont State Library still has (1924) a few of these volumes for sale.

4. Journal, Feb., 1782, p. 106.

VIII Introduction

When the Assembly desired to go into executive session, it was "ordered that the doors be shut." Members were fined when absent without leave and because one member exchanged the State's "bills of credit" with another member for specie, at one quarter discount, both were expelled; "the crime being acknowledged." When any town refused to send in its grand list for taxing, it was "doomed," which meant that the officers of the town were subject to arrest and imprisonment.

These records disclose that the Assembly considered it was the su- preme authority; overruling the courts, and also the executive, at times.

The members were a hardy, independent lot of men and generally with little or no experience in legislation. If the Journals are studied care- fully, one will discover that the important acts and resolves were usually prepared in advance and it can easily be discovered that Ira Allen was in control during most of the period covered by these Journals. He was Treasurer and Surveyor General, two positions that alone would give control. Running an independent State required a talent for nego- tiation, diplomacy and compromise. In the last resort, it required steady courage and fighting power. Ira Allen had all these attributes and it was his master mind which guided the State during this critical period.

The merest outline of the great struggle Vermont made for its in- dependence is sketched in the pages of these Journals. During this time, the State confronted its greatest difficulties. After the treaty of peace in 1783, which included Vermont in the territory relinquished by Great Britain, the task of establishing the government of the State and regu- lating the internal affairs occupied the attention of those men who had gained independence for Vermont. The first serious mistake made by its legislators occurred when they annexed to Vermont the sixteen towns east of the Connecticut river, in 1778. This was done against the judgment of Ira Allen, but it was the first session of the Assembly and "some members contiguous to the Connecticut river threatened to with- draw from the Vermont Legislature, and unite with the people east of the said river, and form a State." ' There was much debate and to pre- vent the first Assembly from breaking up in a violent manner, it was voted to refer the entire matter to the people and allow them to decide by electing members for or against the proposition.

As by far the greater part of the population of Vermont, at this time, was east of the mountain range which divided the State, a majority was returned in favor of annexation; and at the June session, the sixteen towns in New Hampshire were invited to send representatives to the October session of the Assembly. As Allen and others anticipated, this brought a storm of protest from the Governor and Council of New Hampshire, who took the matter to the Continental Congress which had guaranteed to each of the thirteen colonies, the territory included within the boundary lines established before the Revolution. Ethan Allen,

I. Allen, Ira, History of Vermont, page 114.

Introduction ix

who had been captured by the British in 1775, returned home to Ver- mont the last of May, 1778, and, in September, was sent to Philadelphia to ascertain how the members of Congress felt about the annexation. At the October session, Ethan Allen reported that Congress was strongly opposed to it.

The New Hampshire partisans had a majority in the Assembly so it was something of a task to dissolve this Union. It was done in a very clever way, on October 21, 1778, by submitting three questions to the members. First, "whether the counties in this State shall remain as they were established by this Assembly, at their sessions in March, last." This seemed an innocent question and it was carried in the affirmative by a vote of thirty-five for to twenty-six against. Those men who voted against, gave as their reason that the division of Vermont into two counties only was made before the union with the towns east of the river and "consequently, they never have been annexed to any county in the State, etc," and secondly, "because the affirmative of the question is in direct opposition to the report of the committee of both houses (of the 19th inst) on the subject, which was confirmed by a resolve of Assembly yesterday, etc. " Then the second and third questions were put together and voted upon, "Whether the towns, east of Con- necticut river, included in the union with this State, shall be included in the county cf Cumberland.?" and "Whether the towns on the east side of Connecticut river, who are included, by union, within this State, shall be erected into a distinct county by themselves.?" — yeas, twenty- eight; nays, thirty-three. Only two deserted to the New Hampshire party on this vote. These questions were skillfully worded and the argument which assisted in putting them through, was "how much of New Hampshire's share of the debt of the thirteen States, will be assessed against these sixteen towns." "The members from the New Hampshire towns withdrew from the Assembly and were followed by the Lieutenant Governor, three members of the Council and fifteen members of the Assembly, who lived near Connecticut river, " in Vermont. "The object was, to break up the Assembly as the Constitution required two- thirds of the members elected, to form a House for business "i The leaders, who had engineered this action, had foreseen this difficulty and were able to proceed with exactly a quorum. Ira Allen, who was selected to handle the matter with New Hampshire, exposed the design of the New Hampshire towns which had been to put Vermont and New Hampshire into one State, and locate its capital, at Hanover. This would secure the title under the New Hampshire Grants to the settlers in Vermont and New Hampshire would get the benefit of all the vacant lands remaining. Defeat of the plan was difficult but Allen effected it.

New Hampshire soon put in a claim before Congress, as did New York, to all, as did Massachusetts to a large part, of the territory of Vermont which was surrounded by these three claimants and the British

I. Allen, Ira, History of Vermont, p. 116.

X Introduction

on the North. These records disclose Httle of the bitter conflict that raged for over five years. Ira Allen, as agent to Congress in the fall of 1780, discovered that New York had made combinations with some of the Southern States and that Vermont would be turned over to New York, if some aggressive action was not taken at once. He decided to put New York and New Hampshire on the defensive by annexing a part of each State to Vermont. This, he returned home and accomplished. The sixteen New Hampshire towns were again put into Vermont at the February, 1781, session of the Assembly and in May, a union was formed with all that part of New York, lying between the Hudson river and a boundary line twenty miles east of the Hudson. This almost brought on civil war between Vermont and these two States but Allen managed affairs so adroitly that hostilities were avoided. He also, by negotiation, kept the British army in Canada from invading Vermont from 1780 to 1783.

While Ira Allen and Jonas Fay, as agents to Congress in the winter of 1 781-1782, were endeavoring to have Congress admit Ver- mont as the fourteenth State, the Legislature of Vermont met in Feb- ruary, 1782. Governor Chittenden had received a letter from George Washington, dated January first, which was submitted to the Assembly. It strongly urged that Vermont relinquish this newly acquired territory and intimated that Congress, under certain resolutions that body had passed, would admit the independence of Vermont. This letter had a powerful effect and with the effort of some in the Assembly who would have done anything to discredit Allen and place themselves in power, the unions were dissolved.

The Assembly broke its agreement with the towns annexed under the terms of the two unions. Four agents were elected to go at once to Congress and arrange for Vermont to join the federation. They were authorized to take their seats as delegates in Congress. Ira Allen heard of this on his way home and gave himself and horse no rest until he reached Bennington, to find the Legislature adjourned and the agents waiting to receive £100 which the Assembly had voted that he, as Treasurer, should give to them. What he said to these people would be interesting though possibly not printable.

The agents went to Philadelphia, receiving scant attention from Congress, and returned home, wiser if not better men. This was the first session of the Assembly that Allen had not attended and directed and it came near wrecking Vermont's independence. Allen always excused it by quoting Washington's letter to Chittenden, and years afterwards wrote: "The universal confidence that the people of America placed in their Commander-in-chief from the firm, steady, persevering and able manner he had conducted the war; his known integrity, wisdom and virtue gave him more influence over the Legislature of Vermont than any other man in existence. " Congress did not hesitate to sacrifice the honor of Washington, for some of its members had induced him to write the letter. These occurrences, together with Allen's negotiations

Introduction xi

with General Haldimand, which had kept a large army idle in Canada and had enabled Washington to withdraw his troops from the north and take them to Yorktown to defeat Cornwallis, compose the great dramas enacted during the sessions whose records contain but a hint of their importance and the many difficulties encountered. The very men who took part in these sessions, with a few exceptions, were like privates in an army and they had little knowledge or appreciation of the ability, tact and diplomacy required successfully to contend against all the forces that were trying to bring about the elimination of Vermont. With the three surrounding States and Great Britain endeavoring to annex the territory comprising the State, undoubtedly New York and New Hampshire would have succeeded in their plan of dividing Vermont between them, had it not been for Ira Allen and a few associates. These Journals, if analyzed carefully, will supply rich material for research that if thoroughly made, will produce volumes of instructive and in- teresting contributions to history.

James Benjamin Wilbur. Manchester, 1924.

JOURNALS AND PROCEEDINGS

OF THE FIRST

GENERAL ASSEMBLY

OF THE

STATE OF VERMONT

At Their First Session Held at Windsor March 1778

STATE OF VERMONT

WINDSOR, THURSDAY MARCH 12*^ 1778

The Representatives of the freemen of the several Towns in this State, met at the meeting house in said Windsor, agreeable to the Con- stitution, and formed themselves into a House'.

The Assembly then chose Capt. Joseph Bowker^ Speaker of the House, and Major Thomas Chandler, Clerk.

After the House was formed, the Reverend M"" Powers preached a sermon'' on the occasion, from the 28 "" Chapter of Matthew, 18*^ verse — Divine service being ended, proceeded, agreeable to the Constitution

I. A list of the Representatives was not entered in the Journal. Using Comstock's revision of Deming's Vermont Officers, and checking the names of members mentioned in the Journal, the following list has been compiled for the March session of 1778.

Arlington Barnard Barnet Bennington

Bradford

Brandon

Castleton

Cavendish

Chester

Danby

Dorset

Dummerston

Guilford

Halifax

Hartland

Londonderry

Manchester

Marlboro Newbury

The text of the Journal indicates that the following men, not mentioned in Deming, were members at the March session of the General Assembly:

Jacob Burton of Norwich.

Reuben Jones of Rockingham.

Thomas Rowley of Danby.

See Vermont Historical Society Proceedings (1878) for "The First Legislature of Ver- mont," by E. P. Walton.

2. For biographical sketch of Joseph Bowker see Governor and Council, Vol. i, p. 190.

3. It was customary for many years for members of the Legislature to attend reli- gious services at the opening of the session and the discourse preached on such an occasion was commonly known as the election sermon. This sermon was published in Newbury- port, Mass., in 1778 and is a rare book.

Thomas Chittenden Edmund Hodges Alexander Harvey Nathan Clark John Fassett Benjamin Baldwin Thomas Tuttle Zadock Remington John Coffeen Thomas Chandler, Jr. Peter Lewis Cephas Kent Thomas Amsden Benjamin Carpenter John Shepardson Edward Harris Hubbell Wells William Gallup Edward Aiken Stephen Washburn Gideon Ormsby Samuel King Jacob Kent

Pawlet

Pittsford

Pomfret

Pownal

Rockingham

Rupert

Rutland

Shaftsbury

Sharon

Springfield

Thetford

Tinmouth

Townshend

Wallingford

Westminster

Wilmington

Windsor

Woodstock

John G. Bayley Zadock Everest Jonathan Fassett John W. Dana Thomas Jewett Joshua Webb Moses Robinson Joseph Bowker John Smith John Burnam Gideon Olin Daniel Gilbert John Barrett Timothy Bartholomew Charles Brewster Samuel Fletcher Abraham Jackson, Jr. Nathaniel Robinson Elijah Alvord Ebenezer Curtis Thomas Cooper John Strong Joseph Safford

4 Assembly Journal

of this State, and chose a Committee of twelve [representing both the Council and the Assembly] to receive, sort and count the votes for Governor, Deputy Governor, Treasurer and twelve Counsellors — Committee chosen, Col° Thomas Chittenden, Capt. Joseph Bowker, Col° Timothy Brownson, Capt. Ira Allen, Col° Peter Olcott, Col° Joseph Marsh, Deacon Benjamin Emmons, Docf Jonas Fay, Docf Paul Spooner, Major Thomas Chandler, Major Jeremiah Clark and Col° Jacob Kent, and sworn to a faithful discharge of their trust. Votes being called for a Governor, Col° Thomas Chittenden^ was elected, by a great majority of votes.

Votes for a Deputy Governor^ being called for, when there was no person chose by a majority of the suffrages of che freemen (by eleven votes;) then this Assembly, by ballot, made choice of Col° Joseph Marsh^ for Deputy Gov"" — After the choice was made, there was brought in fifteen votes for Col° Marsh, which, if they had come before, he would have been chosen, by a majority of the suffrages of the freemen, at large.

Votes for a Treasurer being called for, no person chose by a ma- jority of suffrages of the freemen; when this Assembly, by ballot, made choice of Ira Allen'' Esq'' as treasurer.

Votes called for Counsellors when the following were chose, by the suffrages of the freemen, viz: —

Joseph Bowker Benjamin Carpenter

Jacob Bayley Jeremiah Clark

Jonas Fay Ira Allen-*

Timothy Brownson Thomas Moredock [Murdock]

Peter Olcott John Throop^

Paul Spooner Benjamin Emmonds [Emmons]

Assembly adjourned until tomorrow morning eight o'clock.

FRIDAY March 13 '^ j^^g

Assembly met according to adjournment.

Voted that a Committee of two be chosen, to return the thanks of this House to the Rev'd M'' Powers, for his sermon, preached at the opening of this present Session, and desire a copy thereof, for the press — Committee chosen, Col° John Barret and M"". John G. Bailey. [Bayley]

1. For biographical si^etch of Thomas Chittenden see Governor and Council, Vol. I, pp. 118-120.

2. The term Lieutenant Governor was first substituted for Deputy Governor in the official returns made in October, 1783.

3. For biographical sketch of Joseph A'larsh see Governor and Council, Vol. i, pp. 235-238

4. For biographical sketch of Ira Allen see Governor and Council, Vol.i, pp. 175-177.

5. This list evidently was inserted by William Sladc, Jr., the compilerof Vermont State Papers, ' 1823, and is incorrect in that John Throop is included instead of Moses Robinson. The records of the Governor and Council seem to prove that Aloses Robinson was a member of the first Council and that John Throop was not a Councillor until 1779. Governor and Council, Vol. i, pp. 234-236.

Friday, March 13, 1778 5

Voted that Nathan Clark' Esq"" be and is hereby appointed Speaker, pro tempore.

Voted that Ebenezer Curtiss be and is hereby appointed Clerk^ pro tempore.

Adjourned until two o'clock, afternoon.

Assembly met according to adjournment.

Voted, that M"" Gideon Cowls be, and he is hereby, appointed to attend this House as a Constable.

Voted to accept John W. Dana, as a member of this House.

The Governor, Deputy Governor Treasurer and Council sworn to their several offices.

Voted that leave be given to any person to contribute to the Rev'd M"^ Powers, for his services on the 12"" March inst.

Voted, that the hon'''^ Joseph Bowker Esq'' be and his hereby ap- pointed to receive said contribution, and deliver the same to the Rev'd M' Powers — -Collected by said Contribution, the sum of ten pounds, lawful money.

Voted that Major Thomas Chandler^ be and he is appointed Secretary for this State, for the ensuing year — who accordingly took the necessary oaths, to qualify him for that office.

The Hon'''*^ Joseph Bowker Esq'', Speaker of this house, being chosen a Counsellor: Voted that Nathan Clark Esq' be, and is hereby, appointed Speaker of this Assembly, the present year; who was ac- cordingly sworn.

Voted that Benjamin Baldwin be and he is hereby appointed clerk of this Assembly, for the present year; who was accordingly sworn to said office.

Voted, M' Joshua Tuck'' have liberty to return home.

Voted that M' Joshua Webb have leave of absence, until tuesday next.

Voted to chuse a Committee out of the Assembly and Council, to wait on the Committee from the east side of Connecticut River^; Com- mittee chosen from the House Col° [John] Barret, Capt. John Fassett, Doct' Reuben Jones, and Capt. [Ebenezer] Curtis; from the Council, Doct' Jonas Fay, Capt. Ira Allen and Col° Peter Olcott.

Assembly adjourned until eight oclock tomorrow morning.

1. For biographical sketch of Nathan Clark see Governor and Council, Vol. i, pp 120-121.

2. During the session of the General Assembly in 1778 the Clerk was a member of the House of Representatives.

3. For biographical sketch of Thomas Chandler, Jr. see Governor and Council, Vol. I, pp. 241-242.

4. Contemporary records make no mention of Joshua Tuck, but do refer to Joshua Tucker of Strafford.

5. For union of New Hampshire towns with Vermont see Governor and Council, Vol. I, appendix G., pp. 405-441.

6 Assembly Journal

SATURDAY March 15 ^^ j^^g [March 14'^]

Assembly met, according to adjournment.

Voted that Doct'' Reuben Jones be, and is hereby, appointed an assistant Clerk to this Assembly.

Voted that Doct"" [Samuel] King be, and is hereby, appointed an assistant Clerk to this Assembly.

Voted that Thomas Jewet, Deacon Edward Aikins, [Aiken] Thomas Rowley and Jacob Burton be a Committee to draw up, or make, some rules for the regulation of this House.

Voted that Moses Johnson' be dismist this house.

Voted that John W. Dana Esq"^ have leave of absence until tuesday next.

Voted that M"" [William] Gallop have leave of absence, until monday next.

Adjourned until two o'clock, afternoon.

Met according to adjournment.

Voted, that the Governor and Council, or a Committee by them appointed, out of their number, to adjust the accounts between this State and the Rangers^ raised by them and others that have been out, in defence of their country, belonging to this State, where any act of Convention or Council is pledged to them for their service; rendering an account to such auditor or auditors, as shall be appointed by this House for that purpose; — and that an order be given to draw money out of the treasury of this State, for that purpose.

Voted, that the petition of Capt Leonard Spaulding be dismist, or flung out.

Voted, that M"" Thomas Cooper have leave of absence, until tuesday next.

Assembly adjourned until monday next, eight oclock in the fore- noon.

MONDAY March 16*^^ 1778.

Assembly met, according to adjournment.

Voted, that the petition of Joseph Hatch and others, remain on file.

1. References are made in contemporary records to Lieut. Moses Johnson and to Moses Johnson & Company, a firm engaged in a land transaction. See Governor and Council, Vol. 3, p. 196.

2. When the Council of Safety met in 1777, a few weeks before the British advance upon Bennington, the older members of the Council could not see how more than two companies of sixty men each could be raised. Ira Allen, however, insisted that a regiment should be raised. Allen was requested to discover ways and means to support a regiment and to report his plan "at sun rising on the morrow." At the appointed time he reported the policy of the sequestration and sale of the property of Tories. This policy was adopt- ed. A regiment was raised, Samuel Hcrrick of Bennington was given command, and it was known as Herrick's Rangers. Other detachments of Vermont troops were also known as Rangers.

Tuesday, March 17, 1778 7

Voted that the petition of Capt. Abner Seelye Hes upon file.

Voted, to send a request to his excellency the Governor and Council, to prepare a Bill or draught regulating the militia, and a mode for the defence of the Frontiers, and measures to supply the Treasury' of this State.

Voted that a Committee to prepare a Bill to regulate Attornies, be appointed — Committee Chosen — Capt. [John] Coffin, [Coffeen] M"" [Thomas] Rowley, Ensign [Edward] Harris, M"" [Elijah] Alverd and M"" [Thomas] Jewett be the Committee to make said Bill.

Voted to adjourn until two oclock afternoon.

Assembly met according to adjournment.

Assembly adjourned until tomorrow morning eight oclock.

TUESDAY March 17^^^ 1778.

Assembly met according to adjournment.

Voted, that the petition of M"" Ebenezer Hosington [Hoisington] lie upon file, till some future opportunity.

Voted, that there be but two Regiments in this State, on the west side of the range of Green mountains, at present.

Voted, that the north line of Arlington and Sunderland shall be the division line between the two Regiments as aforesaid.

Voted, that the south Regiment, on the east side of the mountains, extend north, to the south line of Rockingham Tomlinson [Grafton] and Kent; [Londonderry] that the second Regiment extend north, to the south line of Norwich, and that the third Regiment extend to Canada line, so called.

Voted, that the Report of the Committee, relative to providing attornies for the County Courts, regulating their fees, &c. be accepted.

Voted, to accept the Bill presented to the House of Representatives by his excellency the Governor and Council describing the boundaries of the county, on the west side of the mountains.

Voted, that the Bill^ presented to this House by the Governor and Council, be altered, and, in the place of ''''New Hampshire west line^^ insert the west bank of Connecticut River.

Voted, that Col° John Barrett, M"' Thomas Rowley, Col° Jacob Kent, Lieut. Thomas Jewett, and M"" Elijah Alverd, be a Committee to appoint the several shire towns in this State.

Assembly adjourned until two o'clock afternoon.

1. In his address delivered at the unveiling of the statue of Ira Allen, on the campus of the University of Vermont, in Burlington, June i8, 1921, Darwin P. Kingsley said: "One of the first measures of the new government was to carry out Ira Allen's plan of paying the expenses of the war by confiscating the property of Tories. This plan was later adopted by all the States. Through Ira Allen's financing the people of Vermont, un-- like the people of any other New England State, paid almost no taxes."

2. This bill prescribed the boundaries of the region east of the Green Mountains^

8 Assembly Journal

Assembly met, according to adjournment.

Voted to accept the Bill presented to this House by the Governor & Council, prescribing the boundaries of the County on the east side of the mountains, with the alteration as above.

Voted, that the county on the west side of the Range of Green mountains, be, hereafter, styled and known, by the name of Ben- nington.

Voted, that the county, on the east side of the range of Green mountains, be hereafter, styled and known by the name of Unity\

Voted, that there be four probate districts, in the county of Benning- ton.

Voted, that there be four probate districts, in the county of Unity.

Voted, that M"" [Charles] Brewster, Col° John Barrett, Col° [Jacob] Kent, M"" [Elijah Alvord] Alverd and Lieut. [Gideon] Ormsby be a Committee to draw the lines between the probate districts, and also, to appoint places for the Representatives of each town to meet, to count the votes of the county elections.

Voted, to postpone acting anything concerning filling up Col° Seth Warner's Regiment^ until tomorrow morning.

M"" Ebenezer Hosington [Hoisington] desired that the House of Representatives would give their opinion whether they would act, or do, anything, respecting some old iron, lately brought from Mount Inde- pendence^, by enemical persons to the American cause, that fell into his hands by virtue of a Commission of sequestration; which being put to Vote, passed in the negative.

Voted that the County Elections be held on the first Wednesday of June next.

Assembly adjourned until tomorrow morning, eight oclock.

WEDNESDAY March iS^" 1778.

Assembly met, according to adjournment.

The petition of Watts Hubbard, of Windsor, praying that he might be released from the confinement he some time had been subjected to, for enimicial conduct; which being put to vote, was dismissed, for the present.

1. The name Unity was changed later to Cumberland, a count}' designation given by New York to a portion of the region east of the Green Mountains. See p. 13.

2. For Col. Seth Warner's regiment of Continental troops see Vermont Revolution- ary Rolls, pp. 107 and i lo-i 1 2.

3. A'lount Independence, in the town of Orwell, had been fortified as a part of the works in the vicinity of Fort Ticonderoga, and had been abandoned in 1777, by American troops in command of General St. Clair.

Thursday, March 19, 1778 9

The act for providing, altering, regulating and mending, highways^ with the exceptions presented to this House by the Governor and Coun- cil, was put to vote, and passed in the negative.

Voted, that Nathan Clark Esq"", Capt. [Ebenezer] Curtice [Curtis] and Major [Samuel] Fletcher be a Committee to prepare a Bill for providing, altering, regulating, and mending, highways.

Voted, that Capt. John Fassett be Speaker, protempore.

Voted to accept the report of Committee appointed to prefix the lines of the Probate districts.

Voted, that the proposals and preliminaries exhibited to this House by a Committee representing a numbers of towns on the New Hampshire Grants, east of Connecticut River, relative to forming a union between said Grants and this State be laid before the people of this State, at large, for their consideration and determination.^

Assembly adjourned until three oclock in the afternoon.

Assembly met, according to adjournment.

Voted, tliat the Style of the Governor of this State be. His Ex- cellency.

Voted, to concur with the Governor and Council, relative to the time and place when and where to adjourn this Assembly whenever they think proper to adjourn.

Voted to adjourn this House till eight o'clock tomorrow morning

[THURSDAY March 19.]

Assembly met according to adjournment.

Voted, that the Council do take the express^ (sent from Capt. [Thomas] Sawyer in Clarendon) into consideration and report thereon to this House.

Voted to give M"" John Payne" and others, specified in a petition, presented to this House by said Payne, the refusal of the land as specified in said petition, with the Restrictions, and on the proposals therein mentioned.

Voted, to allow Lieut. Elisha Hawley, Continental pay as a Subal- tern, fifteen days for his services at Tyconderoga.

1. The first highways were little more than trails or bridle paths. Such a road was cut through the forests, before the American Revolution, by the Onion River Land Com- pany, probably under the direction of Ira Allen, from Castleton to Fort Frederick, near the mouth of the Winooski River, in the present City of Winooski.

2. For papers on the first union of New Hampshire towns with Vermont see Governor and Council, Vol. i, Appendix G. This vote was one of the early uses of the referendum in this country.

3. The term express is frequently used in early Vermont records to indicate the sending of a swift messenger on a special errand. See Governor and Council, Vol. i, p. 246, for Capt. Thomas Sawyer's victory over the enemy at Shelburne.

4. See Governor and Council, Vol. i, pp. 244-245 for John Payne's petition for a grant of land.

10 Assembly Journal

Voted, that the Treasurer be bound of ten thousand pounds, lawful money, with sufficient sureties.

Voted, to chuse three men as a Committee, to adjust all accounts under ten pounds.

Voted that Col° John Barrett, Capt. Ebenezer Curtiss and Col° Jacob Kent be the above Committee.

Voted to accept the report of the Committee, relative to prefixing the place for holding county elections.

Voted, that the several towns in this State shall meet to give in their votes for Judges of the inferiour courts, Judges of Probate, High Sheriff &c. on the second thursday of April next.

Voted to send the order presented to this House, by the Governor and Council, to Captain Ebenezer Allen', Isaac Clark, and Thomas Sawyer.

Voted, that M'' Thomas Tuttle be dismissed from this House, for the present, to forward the express to Capt. Ebenezer Allen &c.

Voted, to dismiss Daniel Gilbert from this Assembly for the present for certain reasons &c.

Assembly adjourned until two oclock afternoon.

Assembly met according to adjournment.

Voted, that a Committee be chosen to appoint a day for annual town meetings, for choosing town officers.

Voted that Capt. [Ebenezer] Curtiss JXP Ebenezer Harris^ and Capt John Fassett be a Committee for the purposes aforesaid.

Voted to petition the Governor and Council, whether they would do anything relative to persons which have been to the enemy and have returned.

Assembly adjourned until tomorrow morning, eight oclock.

FRIDAY March 20"' 1778

Assembly met, according to adjournment. Voted the Act of affirmation for quakers.^

Voted to provide a Surgeon for Captains Allen and Clark's Com- panies.

1. For biographical sketch of Ebenezer Allen see Governor and Council, Vol. i, p

2. The name of Ebenezer Harris docs not appear in contemporary records. Ed- ward Harris was an active member of the General Assembly and his nanae often appears as Ensign Harris. It is possible that an error was made in the copying of the records.

3. A considerable number of Quakers settled in the valley of Lake Champlain, in the southern part of what is now known as Chittenden County, in Addison and in Rutland Counties.

Friday, March 20, 1778 11

Voted that Docf Jacob Ruback^ be the Surgeon for the purpose aforesaid.

Voted that those men that enlisted under Captains Allen and Clark should have ten dollars as a bounty, in lieu of double rations.

Voted Col° Peter Olcott^ trustee of the loan office.

Voted to appoint one Brigadier General in this State.

Voted Seth Warner^ Esquire be, and is hereby, appointed Brigadier General.

Voted to appoint a Brigade Major for this State.

Voted that Major Samuel Fletcher'' be, and is hereby, appointed a Brigade Major.

Voted that the Representatives be allowed three dollars p"" day from the time they left home until the House adjourns, and four pence p^ mile for horse travel.

Voted that the Councillors be allowed the same wages as the Representatives.

Assembly adjourned, until two oclock, afternoon.

Assembly met according to adjournment.

Voted that the petition signed Reuben Jones^, in behalf of himself and others, be received on file.

Voted that Captain [William] Gallop have leave of absence until tomorrow noon.

Voted to appoint overseers to take care of the timber on the gover- nor's lots*, and other lots that are not under the immediate care of the grantees, or any holding under them.

Voted that M"" [Elijah] Alverd, Ensign [Edward] Harris and John Winchester Dany [Dana] Esq"" be a Committee to prepare a bill to lay before this House, for the preservation of timber &c.

Voted that the petition signed Jonathan Darby, lie upon file, for the present.

Voted to give his Excellency the Governor the sum of fifty pounds, as a Salary, for the time since he came from home, until the next session of this Assembly.

1. Dr. Jacob Ruback, or Roback, was appointed by the General Assembly surgeon for Capt. Ebenezer Allen's company and also for Capt. Isaac Clark's company. Later, with Ebenezer Allen, he settled in Grand Isle. He was a native of Germany who came to America with the Hessian troops, deserted and later identified himself with Vermont. Governor and Council, Vol. 2, pp. 498-499.

2. For biographical sketch of Peter Olcott see Governor and Council, Vol. i, p. 241.

3. For biographical sketch of Seth Warner see Governor and Council, Vol. i, pp. 159- 160.

4. For biographical sketch of Samuel Fletcher see Governor and Council, Vol. 2, PP-2-3.

5. For biographical sketch of Dr. Reuben Jones see Governor and Council, Vol. i, pp. 314-315.

6. It was customary in granting townships to grant one lot to the Governor. Gover- nor Wentworth followed this plan in the grants made under the seal of the colony of New Hampshire.

y

12 Assembly Journal

The petition of John Barnes, John Newton and Benjamin Baldwin, relative to obtaining liberty to make a lottery', after being read and de- bated was put to vote, and passed in the negative.

Voted to grant the request of M' Moses Sage.

Voted to take into consideration an Act relating to Tories.

Voted to appoint five persons as a Committee to prepare a Bill relative to Tories.^

Voted that Col° John Barrett, Lieut. Tho^ Jewett, Maj-" Sam' Fletcher, M"" Elijah Alverd and Ensign [Edward] Harris be the above Committee.

Passed the Highway Act.

Voted that Lieut. Joseph Safltord have leave of absence on reasons offered to this House.

Assembly adjourned until tomorrow morning, eight oclock.

SATURDAY March 21^^ 1778.

Assembly met, according to adjournment.

Voted to adjourn to M"" Coles.

Assembly met according to adjournment at M'' Coles —

Voted that it is the opinion of this Assembly, that the persons that collected arms at Hubbardton^, the summer past, and delivered them to the Council of this State, be honorably rewarded, and not to be paid the full value of said arms.

Voted that the first class of tories, described in the report of the Committee concerning enemical persons in the town of Bennington, be committed to close confinement; that the second and third classes mentioned in said Report, be disposed of, by Capt. Samuel Robinson, (who is their overseer, for the time being) takeingthe advice of any three members of this Assembly.

Voted that M' Timothy Bartholomew have leave of absence at 4 oClock this afternoon, for certain reasons he mentioned.

The petition presented to this House by Benjamin Baldwin, in behalf of himself and the inhabitants of Mooretown, [Bradford] after being read and debated, was voted to receive the same on file.

Assembly adjourned until two oclock afternoon.

Assembly met, according to adjournment.

I The use of the lottery was a common method of raising money for public purposes and requests for permission to hold a lottery frequently were presented to the Legislature, some of which were often granted. . ^r 1 .

2. For discussion of Tones m Vermont see Crockett s History of Vermont, Vol. 2,

^^ ^l In the battle of Hubbardton, fought July 7, 1777- timely arrival of British rein- forcements resulted in the defeat of Col. Scth Warner's troops, which were fightmg as a rear guard of General St. Clair's retreating army. The Vermont troops scattered and fled andipresumably many in their flight may have thrown away their arms.

Monday, March 23, 1778 13

The petition of Nathan Clark, in behalf of himself and others, being read, was voted to be received on file.

Voted the recommendation relative to keeping the Lords day and other religious duties, presented by Docf Jones, in the affirmative.

Voted that Col° [John] Barret, Capt. [Ebenezer] Curtiss and M'' Elijah Alverd be a Committee to inspect the bill from the Governor and Council, and report their opinion to this House.

A bill being presented to this House, by the Council, relative to raising men to fill up Col° Seth Warner's Regiment, which being read and debated, was put to vote, and passed in the negative.

A bill being presented to this House by the Council, relative to establishing the common law as the law of this State; which being read and debated, was put to vote, and passed in the affirmative.

Voted to reconsider a vote passed this house, relative to naming the County on the east side of the Green Mountains, "Unity."

J'^oted that the County on the east side of the mountains, be, here- after, called and known by the name of Cumberland.'

The bill presented to this House, being read and debated, was put to vote and passed in the affirmative.

Voted that Docf [Samuel] King have leave of absence.

Assembly adjourned until Monday next, eight oclock in the morn- ing, at the meeting house.

MONDAY March 23 ^ 1778

Assembly met according to adjournment.

Voted that Maj"" Sam' Fletcher, Lieut. Tho^ Jewett, and Capt. John G. Bailey, [Bayley] be a Committee to devise measures for the raising men to defend the frontiers of this State, either by filling up Col° Warners Reg*^ or other ways.^

Voted, that Capt. Jonathan Fassett and Deacon Edward Aikin be added to the foregoing Committee.

Voted to excuse and release Col° [Peter] Olcott from being trustee of the loan office, the ensuing year.

Voted to receive the petition of Abraham Jackson and others, on file, for future consideration.

Voted that Capt. Thomas Rowley, Nath' Robinson Esq"" and Col° Jacob Kent, be a Committee to prepare a bill for the purpose of pre- venting some individuals catching all the fish that pass and repass up and down White river, so called.

Voted to accept the first paragraph of the list Bill.

Voted to accept the second d°. d°

1. See p. 8.

2. In April, 1778, Col. Seth Warner's regiment was ordered to Albany, N. Y. and no regular troops were left for the protection of the frontier. Governor and Council, Vol. I, pp.254, 255. 256,258.

14 Assembly Journal

Voted to accept the third paragraph of the list Bill.

Voted to accept the fourth d°. d°

Voted to accept the fifth d°. d°

Voted to accept the sixth d°. d°

Voted to accept the seventh d°. d°

Voted to accept the eighth d°. d°

Voted to accept the ninth d°. d°

Voted to accept the tenth d°. d°

Voted to accept the eleventh d°. d°

Voted to accept the tweivth d°. d°

Voted to accept the thirteenth d°. d°

Voted to accept the fourteenth d°. d°

Voted to accept the fifte<"nth paragraph of the list Bill without the amendment.

Voted to accept the sixteenth d° d° d"

Doct' Reuben Jones dissentinent.

Voted to accept the seventeenth d° d°

Voted to accept the eighteenth d° d°

Voted to accept the nineteenth d°

Docf Jones and Capt. Cochran dissintinents.

Voted to accept the twentieth d" d°

Voted to accept the twentifirst d°

Voted to accept the twenty second d°

Voted to accept the twenty third d°

Voted to accept the twenty fourth d°

/^o/^tf to accept the twenty fifth d°

Voted to accept the twenty sixth d°

Voted to accept the twenty seventh d°

Voted to accept the twenty eighth d° And that all bonds, notes and obligations on interest, clear of debt, with cash on hand, be taxed in like manner with other articles in this bill.

Assembly adjourned until three oclock in the afternoon.

Assembly met according to adjournment.

The report of the Committee appointed out of this House, to devise measures for raising men to defend the frontiers, by filling up Col° War- ners Regiment' or otherwise; which being read and amended, was put to vote, and passed in the affirmative.

A form of a proclamation for a fast was presented to this House by the Secretary and read, — was put to vote and passed in the affirmative; the day was specified the third Wednesday of April next.

Voted that Capt. [Ebenezer] Curtiss, Capt. [John] Fassett, Col**

I. Sec Governor and Council, Vol. i, pp. 254-258, for information concereing Colonel Warner's regiment, its assignment to duty in New York and the recruiting of additional troops.

Tuesday, March 24, 1778 15

[John] Barrett, Capt John Smith and AI'' [Elijah] Alverd, be a Committee to form a plan prescribing in what manner, or what measures to take, to raise the men above mentioned.

A bill was presented to this House by the Council, relative to their paying the surgeons for dressing the wounds of the soldiers of this State, that was wounded in the Bennington Action, — being read and debated, was put to vote, and passed in the affirmative.

Assembly adjourned until tomorrow morning, eight oclock.

TUESDAY March 24"' 1778

Assembly met, according to adjournment.

Voted that the men voted to be raised by this State, yesterday, be annxed to Col° Seth Warners Regiment.

Voted that the line between Bennington and Rutland Shires be the north line of Dorset and Tinmouth.

Voted that the division line of the two Shires on the east side of the Mountains be the ancient County Line.'

Voted to accept of the bill presented to this House by the Council, relative giving Capt. [William] Gallop liberty to dispose of some tory land, on certain conditions therein mentioned.

Assembly made choice of Gen' Jacob Bailey^ [Bayley], first Judge, M'' Jacob Burton, second, M"" William Heaton, third, M' Reuben Foster, fourth, and Capt. John French fifth. Judges for the Shire of Newbury; — Major John Shepardson, first, M'' Stephan Tilden, second, Hubbel Wells Esq"^ third, Deacon Hezekiah Thomson fourth, and Na- thaniel Robinson Esq"" fifth, Judges for the Shire of Westminster, Major Jeremiah Clark, first, Capt Sam' Robinson, second, Lieut. Martin Powel, third, Capt. John Fassett Jun. fourth, and Lieut. Thomas Jewett, fifth, Judges for the Shire of Bennington, — and Joseph Bowker Esq'', first, Maj^ Hebar AUen^, second, Charles Brewster, third, Capt. John Starks, fourth, and Capt. Jonathan Fassett, fifth, Judges for the Shire of Rutland. Assembly adjourned, until two oclock, afternoon.

Assembly met, according to adjournment. Voted the act for regulating town meetings. Voted the act Relative to catching fish in White River. Voted to submit the drawing the lines of defence, in the northern department, unto the Governor and Council.

1. The line between the New York counties of Albany and Charlotte extended along the northern border of the towns of Sunderland and Arlington.

2. For biographical sketch of Jacob Bayley see Governor and Council, Vol. i, p. 117; also see Wells' History of Newbury, pp. 434-436 for sketch, and appendix for correspond- ence with General Washington.

3. Heber Allen was a brother of Ethan and Ira Allen. He was the firstTown Clerk of Poultney. A son, Heman Allen, was a member of Congress from Vermont and the first United States Minister to Chili.

i6 Assembly Journal

Passed an act, specifying the lines of the Probate districts.

Voted that the fees of the Court of Probate be three times as much as estabUshed in the Connecticut law.

Voted that his honor, the deputy Governor, have the same wages p"" day. as a Counsellor.

Voted to accept the report of the Committee relative to raising the troops in this State'.

Voted to postpone the County Elections for the present.

Voted that Capt. [Ebenezer] Curtis, M"^ Cephas Kent, and Ensign [Edward] Harris, be a Committee to form a bill, in what manner and form to elect the Probate Judges.

Voted that Capt. John Smith and Capt. John Coughran [Coffeen] have leave of absence for present.

Assembly adjourned until tomorrow morning, eight o'clock.

WEDNESDAY March 25'^ 1778

Assembly met, according to adjournment.

Voted to allow the Secretary of this State three times as much fees, for all business that he does, or may perform, except for memorials or petitions to the General Assembly; and he shall not be entitled to no more fees for the petitions to this Assembly, than what is specified in the Connecticut law.^

Voted to add to the Soldiers wages that is to be raised according to a Vote of this House, so much as to make their wages four pounds p"" month. Also the same addition shall be made to all the soldiers that are already inlisted into Col° Warners Regiment, that do belong to this State, from the first day of May next, to the last day of November next.

Voted to accept of the Report of the Committee relative to electing Probate courts.

Passed the bill impowering the Governor and Council to confer with the commander in chief, and to draw such lines of defence as they shall Judge proper.

Voted to accept the Report of the Committee relative to raising men; the same to be laid before the Governor and Council.

Assembly adjourned, until two oclock, afternoon.

Assembly met according to adjournment.

Voted to pass the militia bill presented to this House by the Council, into an Act of this Assembly.

Voted Capt. Jonathan Fassett, Col° [John] Barrett, Major [Samuel]

1. Sec Governor and Council, Vol. i, pp. 254-255, 258.

2. Vermont drew largely on Connecticut for early laws. (Note Sladc's Vermont State Papers p. 287) Probably more of the early settlors came from Connecticut than from any other Colony (or State), and this is particularly true of the inhabitants west of the Green Mountains. The first name given to the State was New Connecticut, and it was not inappropriate, owing to the close relationship that existed.

Thursday, March 26, 1778 17

Fletcher, Capt [Ebenezer] Curtiss and IVP [Alexander] Harvey, be a Committee to look out the papers passed by this House, that ought to be copied, and compare the same.

Assembly adjourned, until tomorrow morning, six oclock.

THURSDAY March 26"' 1778.

Assembly met, according to adjournment.

Voted that the Governor and Council be and are hereby impowered to act respecting tory lands, as they shall judge proper or advantageous to this State, and do justice to the persons that owned said lands. ^

Voted that the bill presented to this house by Lieut. Gov"" Marsh, be postponed until the next session.

Voted that Capt. John Fassett Col° [John] Barrett, and Capt. [Ebenezer] Curtiss be a Committee to adjust all the accounts of the Representatives, and make report.

Passed the bill impowering the Council to dispose of tory estates, and put the money into the Treasury of this State.

Passed an act for the punishing high treason and other atrocious crimes, as said Act stands in the Connecticut law Book.

Passed an Act against treacherous conspiracies as said act stands in the Connecticut law Book.

Voted that Capt. Thomas Rowley, Capt. John Fassett, and Lieut. Gideon Ormsby be a Committee to copy such of the proceedings of this Assembly, as are necessary for the inhabitants to know, at present, and furnish each town in the County of Bennington, with one copy of each, as soon as may be.

Voted, that Capt. [Ebenezer] Curtiss, Docf^ [Thomas] Amsden and M'' Alexander Harvey be a Committee to copy such of the proceedings of this Assembly as are necessary for the inhabitants to know at present, and furnish each town in the County of Cumberland, with one copy of each, as soon as may be.

Voted that Col° [John] Barrett, Ensign [Edward] Harris and M"" [Elijah] Alverd be a Committee to make alterations in the marriage bill: — the above vote is reconsidered.

Voted to accept of the report of the Committee appointed to adjust the accounts of the Representatives, Sheriff and Constable, for this Session.

Voted that an order be given on the treasury to pay the Representa- tives &c. agreeable to said report.

I. It happened not infrequently that a LoyaHst would flee from the State, leaving his wife and children. The confiscation of his property followed, but arrangements were made in some instances to grant the family the use of all or some portion of the property taken or to return the land to them. Otherwise the family would have become a public charge. See Governor and Council, Vol. i, pp. 248-249, for the appointment of a court of confiscation.

i8 Assembly Journal

Voted that the Sheriff and Constable be allowed fifteen shillings p'' day, each, for their attendance.

Voted that his Excellency the Governor and Council be impowered to chuse a Committee out of their own body to prepare matters to be laid before this House, at their next Session.

Voted to adjourn this Assembly until the first Thursday of June next, to meet at the house of Capt. Stephen Fay, of Bennington.

Nathan Clark \ Speaker.

Attest

Reuben Jones, Assistant Clerk.

JOURNALS AND PROCEEDINGS

OF THE

GENERAL ASSEMBLY

OF THE

STATE OF VERMONT

At Their Adjourned Session Held at Bennington June 4™ 1778

JOURNALS

June 1778

THURSDAY June 4*^ 1778

The General Assembly of the State of Vermont met at Bennington, at the house of Capt. Stephen Fay^, according to their adjournment from Windsor, the 26*^ of March last; and opened in form.

Voted that Col° John Barret be, and is hereby, appointed Clerk, pro tempore.

Assembly adjourned until tomorrow morning, eight oclock, then to meet at the meeting house.

FRIDAY June s'"" ^77^

Assembly met, according to adjournment.

Voted that the Reverend M"" Dewey^ be presented with the Com- pliments of this House, to desire him to pray with this Assembly at their opening in the morning, for this present Session.

Assembly adjourned until two oclock afternoon.

Voted, to accept the prayer of William Havilands petition, and that a

1. This meeting place was the historic Catamount Tavern, the headquarters of the Green Mountain Boys and one of the famous taverns of northern New England. Capt. Stephen Fay, father of Jonas Fay, was the landlord. He had been an agent for the settlers in presenting their grievances to the New York colonial authorities in ly?^- He sent five sons into the battle of Bennington, and one was killed. See Governor and Council, Vol. 2, Appendix A, for a description of the Catamount Tavern and its place in history, by Hiland Hall.

2. Rev. Jedediah Dewey came to Bennington in 1763 as pastor of the Congregational Church. At this time there were in the older colonies two Congregational factions known as the Old Lights, and the New Lights, or Separatists. The Separatist churches of Hard- wick, Mass., and Sunderland, Mass., had united to form the Bennington church, many of the members having emigrated to the new settlement. The Separatists at Westfield, Mass., joined the Bennington colony and were accompanied by, their pastor, Rev. Jede- diah Dewey, who became pastor of the new church. Other Separatists came from Nor- wich, Conn. Mr. Dewey became one of the leaders of the new community. He was pre- sent when New York officials attempted to take possession of James Breakenridge's farm, Oct. 19, 1769, with the intention of surveying it and granting it to some partisan of the "Yorkers." The visiting officials found a group of farmers assembled with arms in their hands. There was no act of violence, but it was deemed prudent for the New York party to leave without attempting to dispossess Mr. Breakenridge, who had purchased, cleared and cultivated his farm, holding it under a New Hampshire title. Mr. Dewey and others were indicted, with Moses Robinson and other prominent residents of Bennington, for participating in an alleged "riot," but they were never arrested or placed on trial. Gover- nor Tryon of New York addressed a letter to Mr. Dewey, dated May 19, 1772, intended for the residents of Bennington and vicinity. During all the controversy with New York and the early period of the Revolution Mr. Dewey was not only a spiritual but a political leader of his people in their efforts to preserve and protect their homes. He died Dec. 24, 1778.

22 Assembly Journal

Committee be appointed to examine into the premises contained in said petition, and make report to this House.

Voted, that Capt. John Fassett, M"" John Burnham and M'' Jonathan Waldo, be a Committee for the above purpose.

Voted, that the petition of the inhabitants of Pownall be taken into consideration, and that a Committee be appointed to report their opinion concerning the same. — Committee chosen, Lieut. [Thomas] Jewett, Capt. John Fassett and Ensign [Edward] Harris.

Voted, to take into consideration the difficulties attending the fishery in white river.

Voted, that the special courts appointed in the several Shires in this State, are not deemed County Courts agreeable to an Act^ passed in this Assembly, at their Session in March last, relating to fishing &c.

Assembly adjourned until tomorrow morning, eight oclock.

SATURDAY June 6"^ 1778

Assembly met, according to Adjournment.

Passed an Act permitting gates to be erected on the Albany road, in Pownall.

Voted that the petition presented to this House by David Reading,^ [Redding] be taken into consideration; and that a Committee of five be appointed to prepare a Bill, in consequence of said petition &c. Com- mittee chosen — M'' [Joshua] Webb, M"^ [Elijah] Alverd, Capt John Fassett, Ensign [Edward] Harris, and Maj'' [Gideon] Olin.

Assembly adjourned, until two oclock, afternoon.

Assembly met, according to adjournment.

Voted, that the petition of William Haviland be withdrawn.

Assembly adjourned until next monday morning, eight oclock.

MONDAY June ^'^ 1778

Assembly met, according to adjournment.

Voted, that Col° John Barret be, and is hereby, appointed an Assistant Clerk.

Voted to form a Bill for the regulating the sabbath, and that a Com-

1. "Within the meaning of an act," will make this vote intelligible.

2. David Redding had been convicted of "enemical conduct" and sentenced to be hanged on June 4, 1778. A multitude had assembled to witness the execution, but the point was raised that the prisoner had been convicted by a jury of six persons, which was contrary to the common law of Great Britain, which required a jury of twelve men. A reprieve, therefore, was granted. The crowd assembled, having expressed its indignation at the delay. Ethan Allen is said to have mounted a stump, explained the situation and advised them to return later, saying, "You shall see somebody hung at all events, for if Redding is not then hung, I will be hung myself." Redding was tried again on June 9, convicted and hanged on June 11. This was the first public execution in Vermont. — Governor and Council, Vol. i, p. 261; Slade's Vermont State Papers, p. 269.

Tuesday, June 9, 1778 23

mittee of five be appointed for said purpose. — Committee chosen — M"" [Thomas] Rowley, Capt. [Ebenezer] Curtis, Col ° [John] Strong, M"" [Elijah] Alverd and Capt. Qacob] Kent.

Voted, to keep the first day of the week as the sabbath or Lords day, — and that M"" [Hubbell] Wells, M^ [Alexander] Harvey and Col° [John] Barrett be added to the above Committee.

Voted, to give a premium to encourage the destruction of Wolves^; and that a Committee of three be appointed to prepare a Bill to lay be- fore this House for the purpose aforesaid. — Committee chosen M"" [Hubbell] Wells Esq"" [John W.] Dana, and Ensign [Edward] Harris.

Assembly adjourned until two oclock, afternoon.

Assembly met, according to adjournment, and adjourned until eight oclock tomorrow morning.

TUESDAY June 9'^^ 1778

Assembly met, according to adjournment.

Voted, that M'' Elijah Alverd be and he is hereby appointed a Monitor.

Voted, to receive M'' Silas Hamilton's petition on file.

Voted, to take M' William Haviland's petition into consideration, and that a Committee of three be appointed, to look into the matters contained in said petition, and make report to this House. — Committee chosen — M"^ Simeon Hathaway, M'' Jonathan Waldo, and Capt. Samuel Robinson.

Voted, that Docf Jacob Rubach's petition be taken into considera- tion.

Assembly adjourned until two oclock, afternoon.

Assembly met, according to adjournment, and adjourned until to- morrow morning, eight oclock.

WEDNESDAY June lo^'' 1778

Assembly met, according to adjournment.

Voted, that Docf Samuel King have leave of absence.

Voted, that there be a Committee appointed to count the votes, or make a list of those towns that voted for the union. ^

Voted that Col° [John] Barret, Capt. Ira Allen and Col° Peter Olcott be the Committee, for the aforesaid purpose.

Assembly adjourned, until two oclock, afternoon.

1. The early settlers suffered much from the depredations of wolves, which often destroyed whole flocks of sheep in a night. It is related that they preyed upon the dead after the battle of Hubbardton. (See Crockett's History of Vermont, Vol. 2, pp. 83, 512.) At the October (1778) session of the Legislature, held at Windsor, a bounty of eight pounds was granted on full grown wolves.

2. See p. 9, Note 2.

24 Assembly Journal

Assembly met, according to adjournment.

Voted, to take a Vote of the Assembly at eight oclock, tomorrow morning, respecting the Union.

Assembly adjourned, until tomorrow morning, eight oclock.

THURSDAY June ii'^ 1778

Assembly met, according to adjournment.

Voted, that the Union takes place — thirty seven in the affirmative and twelve in the negative, respecting the above union. ^

Voted, that the bill presented to the House in conjunction with the Union, be accepted and pass.

Voted, that the request of General Stark, to raise a Subaltern and twenty men, to guard the stores at Bennington^, be complied with; and that a Committee be appointed to agree with a Subaltern for the afore- said purpose. Committee chosen — Capt. John Fassett and Jonathan Fassett.

Voted, that their wages be four pounds, p'' month.

Voted, that a Committee of three be appointed to adjust Docf Dickensons account against this State. Committee chosen — Docf [Thomas] Amsden, Capt. [Ebenezer] Curtiss and Capt. [Thomas] Rowley

Assembly adjourned, until five oclock, afternoon.

Assembly met, according to adjournment.

Voted, that a Committee of three be appointed to form a bill to lay before this House, relative to raising the men to guard the Stores &c. — Committee chosen — Col° [John] Barret, Ensign [Edward] Harris and M"" Alexander Harvey.

Voted, to receive William Millens petition into consideration — Said petition is dismist.

Voted, to take into consideration the petition of Giles Alexander.

Voted, to take into consideration the petition of John Cannon and that a Committee of three be appointed to take into consideration the above petition, and report to this House. — Committee chosen — Capt. Jonathan Fassett, Col° [John] Strong and Capt. [Thomas] Rowley.

Voted, that a Committee of five be appointed to look into the affair of Giles Alexander's petition — Committee chosen — Major [John]

1. See p. 9, Note 2.

2. The possession of these stores was the principal object of the British expedition of August, 1777, and their defense resulted in the battle of Bennington. General Stark remained at Bennington nearly a month after the battle. General Lincoln was also stationed at Bennington during the latter part of August and the early part of September, 1777, engaged in assembling troops for an attack upon General Burgoyne. The Council of Safety at Bennington directed its secretary, Joseph Fay, to call the attention of General Gates to the need of barracks and a hospital at Bennington, as it had become a "place where soldiers rendezvous." — Crockett's History of Vermont, Vol. 2, pp. 153-155-

Friday, June 12, 1778 25

Shepherdson, Col° [Benjamin] Carpenter, Col° Samuel Fletcher. Capt Samuel Robinson and Capt. [Ebenezer] Curtiss.

Assembly adjourned, until eight oclock, tomorrow morning.

FRIDAY June I2^*> 1778

Assembly met, according to adjournment.

Voted, that a Committee of three be appointed to draw instructions for the Committee appointed to look into Giles Alexander's petition. Committee chosen — Maj*" [Gideon] Olin, Col° [John] Barrett, and M' Alex"^ Harvey.

Voted, in the House of Assembly, with the advice of the Council, that one hundred men out of Col° Beadles [Bedel's] Regiment', be sent to guard the frontiers, the west side of the mountains.

Voted, that Col° [John] Strong keep his seat in this House.

Voted, that M*" Zadock Remington^ be dismist or expelled this House.

Voted, that Esq"^ [Charles] Brewster^ be expelled or dismist this House.

Assembly adjourned until two oclock, afternoon.

Assembly met, according to adjournment.

Voted, to take Capt. Samuel Robinsons petition into consideration.

Voted, that M"^ Thomas Tuttle-' be expelled this House.

Voted, that M"^ Simeon Chandler retain or keep his seat in this House.

Voted, to take into consideration the petition of Col° Warren, and that a Committee of three be appointed to look into said petition; Committee chosen — John Fasset Esq' Docf^ [Thomas] Amsden and Capt. [Ebenezer] Curtiss.

Voted, that Capt. Curtiss be a Committee to wait on his Excellency, with Col° Warren's petition.

Voted, that Capt. Smith's petition be taken into consideration, and that a Committee of three be appointed to look into the prayer of said petition and report to this House. — Committee chosen — Mr. Moses Robinson, Martin Powel Esq'' and M"" Ebenezer Hurlbard.

1. Col. Timothy Bedel was commander of a regiment of New Hampshire Rangers in the Canadian campaign of 1775. He had served in the French and Indian War and was present at the surrender of Montreal in 1760. Gen. Jacob Bayley sent Bedel and a few companions into Canada as scouts in October, 1778, to secure information concerning the advisability of attempting another Canadian invasion. — Governor and Council, Vol. I, pp. 258-164.

2. Zadock Remington was one of the early settlers of Castleton and a tavern keeper before and during the Revolutionary War. He was supposed to incline toward the British side of the controversy, without being an active partisan.

3. Charles Brewster of Tinmouth had been a delegate to the Windsor convention that adopted the Vermont Constitution. The reason for expulsion does not appear.

4. Capt. Thomas Tuttle, according to Hemenway's Gazetteer, as shown in the Brandon sketch in volume 3, had performed his share of war duty for the American cause and had attended the Dorset convention of 1776. The cause of his expulsion is not given.

26 Assembly Journal

Voted, to take Col° Ethan Aliens petition into consideration. Assembly adjourned until eight oclock, tomorrow morning.

SATURDAY June 13 ^^ j^^g

Assembly met, according to adjournment.

Voted, that the Committee appointed to look into the affair of Giles Alexander's petition meet at M"" Elijah Alverd's, in Wilmington, on the second thursday of September next.

Capt. John Maston took his seat in this Assembly.

Voted, that a Committee of five be appointed, to prepare a bill, relative to raising troops to guard the frontiers', and lay the same before this House. — Committee chosen — Col° [John] Barrett, Jonat'^ Fassett Esq'', John W. Dana Esq'' Capt. [Ebenezer] Curtiss and Capt. Thomas Rowley.

Voted, to take Joseph Marsh's petition into consideration.

Voted that Col° Ethan Allen's petition be granted.

Voted, that Maj' Olin apply to the Governor and Council for direc- tions, relative to the support of Tory families, for the future.

Voted, that a Committee of three be appointed, to prepare a bill to lay before this House, setting forth how the several Towns shall be supplied with Gun powder, lead, flints &c. Committee chosen — Capt. [Thomas] Rowley, Elijah Alverd and Col° [John] Strong.

M' [Stepheni Washbourn and [Zadock] Everest have leave of ab- sence until monday, eight oclock.

Assembly adjourned, until two oclock, afternoon.

Assembly met, according to adjournment.

Voted, that one sixth part of the Militia, south of Danby and Pollet, [Pawlet] be immediately sent to guard the frontiers of this State.

Voted, that a Committee of three be appointed to take Docf Jacob Rubach's petition into consideration and Report to this House. — Com- mittee chosen. M' [Joshua] Webb Capt. [Ebenezer] Curtiss and Maj' [Gideon] Olin.

Voted, that Capt. Jonathan Fassett have leave of absence, until monday next, — and Capt. John Fassett have leave of absence, until monday next.

I. Capts. Ebenezer Allen and Isaac Clark in the spring of 1778 were assigned to guard the northern frontiers, exposed to attacks from Canada. On March 6, Captain Allen was ordered to raise men and post them at a fort at New Haven. Governor Chittenden, signing himself Captain General, wrote Col. Samuel Fletcher, on June 13, 1778, reporting that a British scouting party of five hundred men was at Crown Point, on the way back from "a scalping tour" in Tryon County (N. Y.) Fearing an attack on the post at Rut- land he asked Colonel Fletcher to raise reinforcements, saying: "I flatter myself you will not lose one minute's time in executing such orders. Pray, sir, consider the distress of the poor frontier inhabitants, who are hourly in jeopardy of tlieir li\-cs." — Governor and Council, Vol. I, pp. 265-267.

Monday, June 15, 1778 27

Voted, to take Capt. Clarks petition into consideration, on monday next, two oclock, P. M.

Assembly adjourned until monday next, eight oclock, in the morning.

MONDAY June 15^" j^^g

Assembly met, according to adjournment.

Capt. William Gallop [Gallup] took his seat in this House.

Capt. Edmund Hodges took his seat in this House.

Voted Matthew Hammon's petition be received on file.

Voted, that a Committee of three be appointed to draw in instruc- tions to the petition of Daniel Smith. Committee chosen — Capt. [Thomas] Rowley, Col° [John] Strong and M'' [Abraham] Jackson.

Assembly adjourned, until two oclock, afternoon.

Assembly met, according to adjournment.

According to a Resolution of the 13*'^, took the petition of Capt. Clark into consideration, and Voted it in the negative.

Voted, to take the petition of the Reverend Docf Wheelock into consideration.

Voted to take the incorporated university of Dartmouth, under the patronage of this State.'

Voted that the Rev'd Doct"^ Eleazar Wheelock be appointed, and Commissioned, as a Justice of the peace for said incorporated society.

Voted, that the trustees of Dartmouth Colledge have power to chuse or nominate, an assistant Justice to the Rev'd Eleazar Wheelock, D. D.

Voted, that a Committee of three be appointed to revise the Act against counterfeiting bills of Credit &c. — Committee chosen — CoI° [John] Barrett, Capt. [Ebenezer] Curtiss and John Fassett Esq^

Assembly adjourned, until eight oclock, tomorrow morning.

TUESDAY June i6''> 1778

Assembly met, according to adjournment.

Voted, that a Committee of six be appointed to form a bill, relative to county elections, and make report to this House — Committee chosen — M'' [Joshua] Webb, Ensign [Edward] Harris, Capt. [Thomas] Rowley,

I. At this time no collegiate institution had been chartered in Vermont. The Legislature had voted four days earlier to annex sixteen New Hampshire towns to Vermont which brought Dartmouth College within the limits of this State. Later the Legislature granted the township of Wheelock to Dartmouth College and Moor's Charity School. President Wheelock proposed that the college lands set apart by the Legislature in making grants of new townships be given to Dartmouth College, and he offered in return to edu- cate Vermont students free of charge. The Legislature did not accept this proposal and soon discontinued its support of Dartmouth College. See Dartmouth College and the State of Connecticut by John L. Rice in Proceedings of the Connecticut Valley Historical Society; also Governor and Council, Vol. i, p. 278.

28 Assembly Journal

M"" [Alexander] Harvey, Capt. [Edmund] Hodges and Capt. [Ebenezer] Curtiss.

Voted that a Committee of five be appointed to prepare a bill to preserve all white pine timber in this State, fit for masting' &c. — Com- mittee chosen — Esq"" [Moses] Robinson, Capt. [Jacob] Kent, Col°[John] Strong, Col° [John] Barrett and Capt. [Ebenezer] Curtiss.

Assembly adjourned, until two oclock, afternoon.

Assembly met, according to adjournment.

Foted, to proceed in County elections, immediately.

Foted that a Committee of four be appointed to apply to the Governor and Council for direction and information, relative to Capt. Clark's petition. — Committee chosen — Ensign [Edward] Harris, M' [Joshua] Webb, Capt. John Fassett, and M"- [Elijah] Alverd.

Assembly adjourned, until tomorrow morning, eight oclock.

WEDNESDAY June ly^*^ 1778

Assembly met, according to adjournment, and adjourned until two oclock, afternoon.

Assembly met according to adjournment.

Foted that the following persons, viz. — ^John Shepherdson Esq"", Stephen Tilden Esq'', Hezekiah Thomson, Esq"" Col° Samuel Fletcher, and M"" Joshua Webb be, and they are hereby, appointed Judges of a Special Court, in the Shire of Westminster.

Foted, that Deacon Smalley, Deacon John Burnet, William Heaton Esq"^, M'' Benjamin Baldwin, and Reuben Foster Esq"", be, and they are hereby, appointed Judges of a Special Court, for the Shire of Newbury.

Foted, that Samuel Robinson Esq'' Martin Powel Esq"", John Fassett Esq'^, Thomas Jewet Esq"^ and Maj"^ Gideon Olin, be and they are here- by appointed Judges of a Special Court, for the Shire of Bennington.

Foted that Thomas Rowley' Esq' Maj"" Hebar Allen, Capt. John Starks [Stark], Capt. Johnathan Fassett and Thedous [Thaddeus] Curtis, be and they are hereby appointed Judges of a Special Court, for the Shire of Rutland.

Foted, that a Committee of three be appointed to confer with M' M*^ Connel, a wire drawer, and Card maker, and make Report what premium they shall judge ought to be given to said M'^ Connel, if he will set up the above manufactury in this State. — Committee chosen — Capt. [Thomas] Rowley, M"" [Joshua] Webb and John Fassett Esq^

Foted, that a Committee of three be appointed, to adjust the

1. In charters granted by Governor Wentworth of New Hampshire of townships now located in Vermont a similar reservation was made "of all white and other pine trees within the said township fit for masting Our Royal Navy."

2. Thomas Rowley was the first 'Vermont poet and was also active in public affairs. See History of Shoreham by J. F. Goodhue, pp. 163-179, for sketch.

Thursday, June i8, 1778 29

accounts of wounded men &c. — Committee chosen — Nathan Clark Esq"", Capt. Elijah Dewey, and Simeon Hathaway Esq'^, to join a Com- mittee from the Council.

Voted, that the Representatives be allowed the same wages as was allowed them, at their last Session.

Voted, that a Committee of three be appointed to adjust the Rep- resentatives accounts — Committee chosen — Col° [John] Barrett, Capt. John Fasssett, and Capt. [Ebenezer] Curtis.

Voted, that Col° Ethan Allen, Nathan Clark Esq"", M*" Joseph Brad- ley, M"^ Reuben Harmon and Joseph Fay Esq"" be the officers pursuant to Col° Ethan Allen's request.

Assembly adjourned, until eight oclock, tomorrow morning.

THURSDAY June 18'^ 1778

Assembly met, according to adjournment.

Voted, that the petition, signed Joseph Bowker and others, be received on file, and to be taken into consideration, some future time.

Voted, that Col° Peter Olcott, Bezaleel Woodward Esq^, Maj' [Isaac] Griswould [Griswold], Patterson Piermont Esq"" and Maj"" [Joseph] Tyler, be and they are hereby appointed Judges of the Superiour Court, for the banishment of tories &c.

Voted, that a Committee of three be apointed to prepare a form for a deed &c. — Committee chosen. — Capt. [Ebenezer] Curtis, Capt. John Fassett and Col° [John] Barrett.

Voted, to take M"" Alverds petition into consideration, and that a Committee of three be appointed to look into the prayer of said petition. — Committee chosen — Capt. Jonathan Fassett, Col ° [John] Strong and M'' [Thomas] Chandler.

Voted, that a Committee of five be appointed to report their opinion what shall be done with tory women and Children &c. — Committee chosen — M'' Moses Robinson, Capt. [William] Gallop, Capt. [Edmund] Hodges, M"" [Elijah] Alverd and M*" [Alexander] Harvey.

Assembly adjourned until two oclock, afternoon.

Assembly met, according to adjournment.

Voted, that the Representatives have three dollars p"" day, from the time they left home, and four pence p'' mile, for horse travel; and that the Counsellors be allowed the same wages.

Voted, to raise twenty men to guard the frontiers from White River to Strafford & Corinth, to the lakes &c.

Voted, that Capt. [Edmund] Hodges have the command of said guard, as a Subaltern.

Voted, that four pounds p"" month, and forty Shillings bounty, be allowed each soldier, above mentioned.

Voted, that Capt. [Thomas] Rowley take copies of the several Acts

-JO Assembly Journal

of this Assembly, and furnish each town in the Shire of Rutland with the same.

Voted that Benjamin Fassett be and hereby is appointed Clerk for the District of Bennington.

Voted Moses Robinson, Clerk for the district of Manchester.

Voted, that the Clerks for the several districts take coppies of the Acts for the electing Justices of the Peace, and Judges of Probate.

Voted, that this Assembly be adjourned, and it is hereby adjourned, until his Excellency the Governor commands them to meet.

PROCEEDINGS

OF THE

GENERAL ASSEMBLY

OF THE

STATE OF VERMONT

At Their Session at Windsor October 8^^ A. D. 1778.

PROCEEDINGS &c.

The Assembly being met, proceeded to choose a Clerk; when Bezaleel Woodward' Esq'' was chose and took the Oaths required by the Constitution, to quallify him for that office.

Attest

Tho. Chandler Jun' Sec^

Chose Thomas Chandler Jun'' Esq' Speaker; and he accordingly took the Oaths required by the Constitution to quallify him for that office.

Attest

Beza Woodward Clerk

The House then proceeded to examine the Certificates of the mem- bers, whereby it appears that the following Towns had duly appointed the persons whose names are annexed to them, to represent them, in the General Assembly of this State, for the ensuing year, viz.

Cornwell, [Cornwall] Docf Nathan Foot.

f Capt. Comfort Starr, Guilford \ Capt. Levi Goodner[Goodenough] rj „v / Edward Harris Esq ■■ ^^^^^-^^^'iHubbel Wells Esq^ Whitingham, Lieut. Silas Hamilton Wilmington, IVP Elijah Alvord Dummerston, Capt. Jonathan Knights Townshend, Col° Samuel Fletcher. Putney, M"' Abner Miles, Westminster, Nathaniel Robinson Esq' nil f Doct"^ Reuben Jones & Rockingham,^ Joshua Webb Esq' Kent, [Londonderry] — Deacon Edward

(Aikin. Springfield, Lieut. Samuel Scott. Chester, — Major Thomas Chandler Weathersfield, — Capt. William Upham n7- J f Capt. Ebenezer Curtiss

^^"^■^°''-\ Thomas Cooper Esq' Hertford, [Hartland] — M' William Gallop. Woodstock, ( — Capt. Phineas Williams,

\ Capt. John Strong. Hartford, — Stephen Tilden Esq' Pomfret — Capt. John Throop

r> ■ f Major Joseph Williams, ^°«'"^^-\ Cant. Eli Noble. „ • ^ J Capt. John Fassett,

Benmngton,-^^\, Ebenezar Walbridge.

C7 x^ -L / Major Gideon Olin, S*''M«'y.|M'JohnMillington.

Sandgate, — M' Reuben Thomas

Sunderland, — M' Joseph Bradley.

,/ 7 ^ / Capt. Gideon Ormsby, Manchester, | ^^^^^.^ p^^^j ^^^,^

Dorset, Capt. Abraham Underbill Reuport, [Rupert] — Moses Robinson Esq' Pollet, [Pawlet] — M' Gideon Adams. Danby, — Thomas Rowley Esq' Wells,— M' IthamirHibbert Poltney, [Poultney] — Will™ Ward Esq' Clarendon, — Lieut. Abner Lewis Wallingford, — M' Abraham Jackson D 7 J [ Capt. Zebulon Mead,

' \ Lieut Roswel Post. Castleton, Jesse Belknap Esq' Pittsford, Jonathan Fassett Esq' Neshobe, [Brandon] Capt. Josiah Powers

I. Bezaleel Woodward was a professor of mathematics and natural philosophy in Dartmouth College and a son-in-law of President Wheelock of Dartmouth. For bio- graphical sketch see Governor and Council, Vol. 2, p. 114.

34 Assembly Journal

Barnard, — Capt. Edmond Hodges. Dresden, Bezaleel Woodward Esq'

Sharon, — M"' Benjamin Spalding Hanover [ 1°"^^^^^^ Freeman Esq'' Royalton, — Lieut. Jos. Parkhurst. ' \ Capt. David Woodward.

Thetford, — Timothy Bartholomew Esq"' Canaan, Thomas Baldwin Esq^

Strafford, M"' Frederick Smith. Cardigan, Col° Elish Payne.

Farlee, Ichabod Ormsby Esq^ Orford, Col° Israel Morey.

Moretown, (BradfordDM"^ Benjamin Bald- Piermont, Mi^Abner Chandler.

win. Haverhill, Major James Bailey.

Corinth, M' Joshua Nutting. Gunthwaite, John Young Esq"-

Newbury, Col° Jacob Kent. Landaff, M"^ Nathaniel Rogers.

ji jDocV Nehemiah Easterbrook iVowic/t, / M"- Abel Curtiss.

Let?anon, ^ ^^^^^^ Wheatlev Esq-" \ Capt Joseph Hatch.

Enfield, Bela Turner Esq "■ Barnet, M"- Alexander Harvey.

A messenger was then sent from the House, to his Excellency the Governor, and the honorable Council, that the Assembly were ready to attend divine service; which was accordingly attended at the meeting House.

The Representatives present, then took the Oaths required by the Constitution, to quallify them to Act as Members of Assembly,

Chose Col° [Elisha] Payne, Col° [Ebenezer] Walbridge, John Fassett Jun"" Esq"', Capt. [Ebenezer] Curtiss, Capt. [John] Young, and Col° [Samuel] Fletcher, a Committee to join a Committee from the Council, in counting and sorting votes for Governor, Lieut. Governor, twelve Counsellors, and a Treasurer for this State, for the year ensuing; who were sworn by the Clerk to a faithful discharge of that trust.

The joint Committee having sorted and counted the votes, declared the following persons chosen, viz.

His Excellency, Thomas Chittenden Esq"^ Governor.

His Honor, Joseph Marsh Esq"^ Lieutenant Governor.

The Honorable, Joseph Bowker, Jacob Bailey, Peter Olcott, Paul Spooner, Timothy Brownson, Jonas Fay, Benjamin Car- penter, Moses Robinson, Jeremiah Clark, Ira Allen, Thomas MuRDocK, and Elisha Payne Esquires, Counsellors.

Ira Allen Esquire, Treasurer.

Of all which, public proclamation was duly made, by the Sheriff.^

Assembly then adjourned till tomorrow morning, nine oClock, then to be held at this place.

FRIDAY, OCTOBER 9*''

Assembly met, according to adjournment.

Voted, and Resolved, that every person is required by the Consti- tution to renew the oath of allegiance, as well as the oath of office, on every new appointment, before he enters on the execution of his office.

Chose Col° [Elisha] Payne, M"" [Jonathan] Freeman and John

I. For several years after the capital had been established at Montpelier it was customary for the Sheriff of Washington County to proclaim the election of State officials from the portico of the State House. It was also the duty of the Sheriff, bearing a sword, to escort the Governor from the temporary residence of the latter to the Council Chamber

Saturday, October io, 1778 35

Fassett Jun"" Esq'' a Committee to make a draft of rules and orders, necessary for the regulation of the Assembly.

Assembly adjourned to 2° Clock, afternoon.

Two oclock. Assembly met according to adjournment.

Chose Joseph Fay' Esquire, Secretary of this State the year ensuing.

Voted, and Resolved, that Jon'^ Freeman Esq"" and Capt. David Woodward be a Committee to wait on the Reverend Eden Boroughs, and return him the thanks of this Assembly, for the sermon delivered by him to them, yesterday; and that they desire a copy thereof, for the Press.

Voted, and Resolved, that IVP [Bezaleel] Woodward and Col° [Israel] Morey be a Committee to procure three hundred copies of the above mentioned Sermon printed at the expence of this State.

Voted, and Resolved, that Thursday, the twenty-sixth day of November next, be observed as a day of public and solemn Thanksgiving to Almighty God, for his manifold mercies; and that his Excellency the Governor be desired to Issue his proclamation therefor.

Voted and Resolved that Capt. G. Ormsbee, Col° [Israel] Morey and Col° [Ebenezer] Walbridge be a Committee to take into consideration the case of W'" Moor, who stands bound to this Assembly: and that they report measures proper to be taken thereon.

Adjourned 'till tomorrow morning, 8 oclock.

SATURDAY MORNING 8 OCLOCK

Assembly met according to adjournment.

On the motion of Col° [Peter] Olcot, in behalf of the Town of Norwich, — Voted, and Resolved, that an order be issued by the Clerk to the freemen of the Town of Norwich, to choose two members, to Act in General Assembly, in lieu of the two members they chose on the first Tuesday in September, who are elected Counsellors, and accepted thereof, and are, thereby, disquallified from Acting as members of this Assembly; and that the Constable of Norwich be directed, forthwith, to warn a meeting of said freemen, for that purpose; giving notice four days before the time of holding the meeting.

Voted, and Resolved, that Judah Paddock and Alden Spooner^ be, and are hereby, appointed Printers for the General Assembly of this State.

Voted, and Resolved, that Col° [Elisha] Payne, Doct' [Reuben] Jones, and Capt. [Joshua] Wheatley be a Committee to draught a Letter to the honorable President and Council of New Hampshire, informing them that this Assembly are possessed of a letter to his Excellency Gov''

1. For biographical sketch of Joseph Fay see Governor and Council, Vol. I, pp. 122-123.

2. See Governor and Council, Vol. 2, p. 12.

36 Assembly Journal

Chittenden of the 22*^ of August last from the said President'; and of hostilities in the Town of Enfield; and to request that they use measures to prevent them, in future.

Adjourned, until monday morning, 8 oclock.

MONDAY 1 2th Oct^ 8 Oclock

Met according to adjournment.

Voted, and Resolved, that Abel Spencer's Petition for two eleven acre lots of Land in Clarenden, be granted, and that Col° Claghorne, Commissioner of the sale of Confiscated lands in said Clarenden, be directed to give said Abel Spencer a Deed of the lots before mentioned in the name and behalf of the freemen of the State. <

Adjourned until 2 o'clock afternoon.

Two oclock. Assembly met according to adjournment.

Voted, and Resolved, that his Excellency the Governor, and the honorable the Council, be desired to join with this Assembly in a Com- mittee of the whole, tomorrow morning, at nine oclock, to take into consideration the subject of the Letter of the 22^^ August last, from the Hon'''* Meshech Weare Esq"", President of the Council of New Hamp- shire, to his Excellency Governor Chittenden.

Granted the Widow Anna Hurd's petition to have the use of her late husband's farm, free of rent, during the pleasure of this Assembly.

Granted the petition of Joseph Tyler Esq"', for the sum of eleven pounds, twelve shillings, expence in curing wounds he received in the battle at Bennington.

Voted, and Resolved, that John Fassett Jun'' Esq*", Capt. [Ebenezer] Curtiss and Docf [Nathan] Foot, be a Committee to take into considera- tion sundry accounts exhibited for articles lost in public service, by sun- dry persons, last year.

The Committee appointed on the lo"' instant, to draught a letter to the honorable President and Council of New Hampshire made their Report, as on file; which was read and approved.

Voted, and Resolved, to allow the Secretary, twenty one shillings p"" day, during his actual service, in that office, since last March, in lieu of all other reward he may have been entitled to, by virtue of any Act, Vote, or Resolution, which has, heretofore, been passed by the General Assembly of this State

Voted, and Resolved, that Capt. [Joshua] Wheatley and M"" [Martin] Powel be a Committee to join one or more from the Council, to adjust accounts with the Treasurer for the year past; and that they report the state of them to this Assembly.

Adjourned until tomorrow morning, 8 oclock.

I. For text of letter see Slade's Vermont State Papers, p. 91.

Tuesday, October 13 37

TUESDAY OCTOBER 13''^

Assembly met, according to adjournment.

Voted and. Resolved, that M'' [Ithamer] Hibbert, M'' [Moses] Robinson and iVP [Gideon] Adams be a Committee, to take into con- sideration the petition of Israel Burritt, of the %^^ instant, and to report thereon to this Assembly, at their next Session.

Pooled, and Resolved, that Docf [Reuben] Jones, Capt. Jona"" Fas- sett, and Capt. [Bela] Turner, be a Committee to take the petition of Eunice Cook of the 5"^ instant, into consideration, and report thereon.

Adjourned 'til 2 oclock, afternoon.

Two OcLocK. Assembly met, according to adjournment.

Resolved, that this Assembly now join his Excellency the Governor, and the honorable Council, in a Committee of the whole, to take into consideration the matters contained in the Letter of the 22^ August last, from the honorable Meshech Weare Esq"" President of the Council of New Hampshire, to his Excellency Governor Chittenden, and every matter which may relate to the subject therein contained; and that they report thereon, to this Assembly.

Adjourned until tomorrow morning, 8 oclock.

WEDNESDAY 14 OCT-^ 1778

Assembly met, according to adjournment, and joined the Governor & Council, in Committee of the whole; on the subject entered upon yesterday.

Adjourned 'til 2 oclock, afternoon.

Two oclock. Assembly met, according to adjournment.

Pursuant to an order from the Clerk of this Assembly to the town of Norwich, last Saturday, the Constable of said town makes return of TvP Abel Curtiss and Capt. Joseph Hatch, chosen agreeable to said order, to represent them in this Assembly; who were sworn and took their seats in the house.

Assembly then joined the Governor and Council, in Committee of the whole, on the same subject as heretofore.

Adjourned until tomorrow morning, 8 oclock.

THURSDAY OCTOBER 15 '^ j^^g

Assembly met, according to adjournment, and continued in Com- mittee of the whole, on the same subject. Adjourned 'til 2 oclock, afternoon.

Two Oclock. Assembly met, according to adjournment. The Committee appointed the 12"^ instant, on the petition of Eunice Cook, made report as on file; which was read and approved.

38 Assembly Journal

Ordered, that a bill, in form, be brought in, accordingly; which was done and passed.

The Committee appointed last June, to take into consideration the petition of Nicholas Turner, made report, as on file; which was read and approved and ordered that a bill, in form, be accordingly brought in, relative thereto; which was brought in and passed.

Adjourned 'till tomorrow morning, 8 oclock.

FRIDAY OCTOBER 16^^

Assembly met, according to adjournment.

Resolved, that Capt. G. Ormsbee, Col° [Israel] Morey, and Col° [Ebenezer] Walbridge, be a Committee to join a Committee from the Council, to take into consideration the cases of persons on whom judg- ment has been passed by the special Courts of Commissioners, ap- pointed last June, for hearing and judging of treasonable Conspiracies &c. & that they report thereon to this Assembly.

Resolved, that Capt. [Edmund] Hodges, M"" [Martin] Powel and Capt Jonathan Fassett, be a Committee to take into consideration the circumstances of the Soldiery who have been raised under this State, and make report to this House.

Adjourned until 2 oclock, afternoon —

Two Oclock Assembly met, according to adjournment, and proceeded on the business of the Committee of the whole. Adjourned, until 8 oclock, tomorrow morning —

SATURDAY OCTOBER 17'^

Assembly met, according to adjournment, and proceeded on the business of the Committee of the whole. —

Assembly reassumed the matters before them, and chose W Abel Curtis, Clerk, pro tempore.

Upon the petition of Lemuel White, praying for a rehearing in a case of felony &c., as by said petition, bearing date, Ocf 7''' 1778, on file, may appear: — Therefore, Resolved, that a Court be appointed, for the above purpose; and that a Bill, in form, be brought in.

Appointed Capt. David Woodward to join a Committee, appointed yesterday, in room of Col° [Israel] A-Iorey, who is absent, for the purpose as is in said Resolve specified.

The Petition of William Williams, Gideon Granger <Scc. bearing date Ocf 9''' 1778 being brought in and read — praying that a Road be repaired through Wilmington &c.- — therefore, Resolved, to grant the said memorialists the request therein specified, as on file may appear; and that a Bill in form, be brought into this House.

Adjourned, until two oclock, afternoon.

Assembly met, according to adjournment. And adjourned until monday next, at nine oclock in the forenoon.

Monday, October 19, 1778 39

MONDAY OCT^ 19 1778

Assembly met according to adjournment. Adjourned until two oclock, afternoon.

Assembly met, according to adjournment.

At which time the joint Committee of Governor, Lieut. Gov'', Council and Assembly made their Report, as on file may appear — And the consideration thereof defered until tomorrow.

Resolved, that all the non-commissioned officers and soldiers, be- longing to this State, which have been, or may be, raised for the defence thereof, for the present campaign, shall be entitled to fifty shillings per month, in addition to the sums established by the Continental Congress, to be allowed as wages in such cases.

Adjourned until tomorrow morning, eight oclock.

TUESDAY October 20' f" 1778.

Assembly met, according to adjournment.

The report of the joint Committee of Governor, Lieut. Governor, Council and Representatives made yesterday to this Assembly was read and approved — And thereupon. Resolved, that the first and second articles in the Report of measures proposed by the joint Committee', be transmitted to the President of the hon*^'^ Continental Congress, and to the President of the Council of New Hampshire, with proper letters accompanying them.

Resolved that Col° [Elisha] Paine, M'' [Reuben] Jones and M"" [Bezaleel] Woodward, be a Committee to join a Committee from the Council, to make a draught of the above mentioned letters, to be laid before this Assembly.

Resolved, that a Committee be chosen, by ballot, to draw up the proposed declaration, at large to be laid before this Assembly. Chose Col° [Ethan] Allen, Col° [Elisha] Payne, Docf [Jonas] Fay, M^ [Be- zaleel] Woodward and GenI [Jacob] Bayley, a Committee for the above purpose.

Resolved, that the two first articles in the report of measures pro- posed to be pursued for the establishment of the State, be printed, in hand bills, and transmitted to all the towns on the New Hampshire Grants.

Resolved that this Assembly have no cognizance of the matters contained in the petition of Giles Alexander &c., dated June 9"* 1778; and that it be accordingly dismissed.

I. Slade's Vermont State Papers, pp. 95-96.

40 Assembly Journal

Resolved, that two loan offices' be established in the State, viz, one on each side of the Mountains.

Chose Ira Allen Esq'' trustee of the loan office, on the west side of the mountains, and Paul Spooner^ Esq"", trustee of the loan office on the east side of the mountains, for the year ensuing.

Resolved, That the Committee appointed on the 12^^ inst. to settle with Ira Allen Esq"", as treasurer of this State, for the past year, be and are hereby impowered and directed to settle with him, as a trustee of the loan office, in this State, for the year past; and that they report the State of accounts of said office, to this Assembly.

Adjourned untill two oclock afternoon.

Assembly met, according to adjournment.

The petition of Edward Aikin and other inhabitants of Kent, [Londonderry] bearing date the 8*^^ instant, was read; whereupon, Resolved, that Maj^ [Thomas] Chandler, Col° [Samuel] Fletcher and Docf [Reuben] Jones, be and are hereby appointed a Committee, to examine into the facts alleged in said petition, and report the same to this Assembly, at their next Session.

An act prohibiting the exportation of provisions^, til the first day of August next, passed.

An Act for authenticating deeds and conveyances, passed.

Resolved, that M"^ Nathaniel Robinson, Col° [Elisha] Paine, M"" [Bezaleel] Woodward, Capt. John Fassett Jun^ M' [Roswell] Post, Capt. [John] Throop; Capt. [Ebenezer] Curtiss, Maj"" [James] Bailey and M'' [Hubbel] Wells, be a Committee to join a Committee from the Council, to draw a Bill to be laid before this Assembly, for dividing the State into four counties.

1. See p. 61 for an attempt to raise money by a lottery under State auspices for capital for a loan office. The convention held at Windsor, July 2-8, 1777, which adopted the Constitution of the State, voted to establish a loan office and appointed Ira Allen its trustee. An advertisement over Allen's signature in the Connecticut Courant of Aug. 18, 1777, gave the information "that agreeably to a resolution of the Convention" he had opened a loan office at Bennington. Any person who was disposed to lend a sum not less than ten pounds might receive the security of the State payable in one year, or more, with interest at 6 per cent per annum. (Governor and Council, Vol. i, p. 75) The Assembly on March 10, 1780, accepted a report of a committee appointed to prepare a plan for the defence of the northern frontiers for loan office certificates if the revenue from the sale of public lands was not sufficient for raising the funds needed, and the form of certificate to be issued is given.

2. For biographical sketch of Dr. Paul Spooner see Governor and Council, Vol. I, p.

129.

3. The Council of Safety had passed a resolution on Jan. 14, 177S, prohibiting the transportation out of the State, or the sale to any person not a resident of the State (Conti- nental stores excepted), of any wheat, rye, Indian corn, flour or meal. The reason given for the order was the fact that many of the inhabitants of the State had been driven from their homes by the enemy during the preceding year, being unable to harvest their crops, or to make preparations for securing seed for new crops. For this reason there appeared to be "great danger of such inhabitants and others suffering for want thereof. " — Governor and Council, Vol i, p. 207.

Wednesday, October 21, 1778

41

Resolved, that M'' [Martin] Powel, Capt. [Bela] Turner and M' [Joshua] Webb, be a Committee to join a Committee from the Council, to draw a bill for the establishment of fees, fines and penalties, having respect therein, to the present State of the currency.

An Act concerning the payment and disposal of fees, fines and penalties, passed.

Assembly adjourned, until tomorrow morning, eight oclock. —

WEDNESDAY October 21^' 1778

Assembly met according to adjournment.

The following questions were proposed and answered' as herein stated, viz.

Question V^ Whether the Counties in this State shall remain as they were established by this Assembly at their Session in March last.

Yeas 35 viz. Capt. Noble Capt. John Fassett M*" Milington Capt. Jn° Fassett Jun' M'- Thomas M"" Bradley Capt. G. Ormsby M"- Powell Capt. Underhill M'^ Moses Robinson M"" Adams M'' Rowley M^ Ward M-" Lewis M^ Post M^ Belknap Capt. Jon'^ Fassett Capt. Powers M^ Foot Capt. Starr M^ Wells M"" Hamilton Capt. Knight Col° Fletcher M^ Nath' Robinson

Nays 26 viz. Col° Walbridge M'' Jackson M^ Alverd M^ Aikin M^ Tilden M"" Bartholomew M^ Smith M^B. Baldwin M^ Nutting M'' Foster M"" Easterbrook Capt. Wheatley Capt. Turner M"" Freeman Capt. Woodward M-^ T. Baldwin Col° Paine M-- Chandler Maj^ Bailey Capt. Young M"^ A. Curtiss Capt. Hatch M-- Parkhurst M"^ Harvey Maj^ Chandler

I. See Appendix G., Vol. i, Governor and Council and Slade's Vermont State Papers, pp. 89-105, for details concerning the first New Hampshire union.

42 Assembly Journal

M'' Webb M'' Woodward

M"- Scott

Capt. E. Curtiss

M^ Gallup

Capt. Williams

Capt. Throop

Capt. Hodges

M"" Harris

M"" Miles

M'' Cooper

The following reasons were assigned by those on the negative of the foregoing question and inserted by desire of those whose names are thereunto annexed viz.

"We whose names are hereunto annexed being entered as nays on the foregoing question hereby assign our reasons for thus voting.

"i^^ Because the whole State of Vermont was by the establish- ment (refered to in the question) in March last divided into two Counties only; which was previous to the union of the towns east of Connecticut river with this State; and consequently they never have been annexed to any County in this State; and therefore will thereby be put out of any protection [or] priviledges of said State; which we con- ceive to be inconsistent with the 6'*^ Section of the bill of rights es- tablished as part of the constitution.

"2^^ Because the affirmative of the question is in direct opposition to the report of the Committee of both houses (of the 19*^^ instant) on the subject; which was confirmed by a resolve of this Assembly yesterday' as may appear by the report of said Committee and Resolves of the house thereon reference thereto being had.

Signed

EUsha Paine David Woodward Eben"^ Walbridge

Beza Woodward Thomas Baldwin Joseph Hatch

James Bayley John Young Tim^ Bartholomew

Stephen Tilden Edward Aikin John Nutting

John Wheatley Benjamin Baldwin Joseph Parkhurst

Alex"" Harvey Abel Curtiss Abner Chandler

Bela Turner Nehemiah Estabrook Frederick Smith

Jon^ Freeman Abraham Jackson Reuben Forster

Assembly adjourned until two oclock afternoon. Assembly met according to adjournment.

Question 2*^ Whether the towns east of the river included in the Union with this State, shall be included in the County of Cumberland.

I. Seep. 37.

Wednesday, October 21, 1778

43

Yeas 28 viz.	Nays 33 viz.
Col° Walbridge	Capt. Noble
M*^ Lewis	Capt. Jn" Fassett
M"^ Jackson	M^ Millington
M"" Alverd	Capt. Jn° Fassett Jun"'
M'' Aikin	M^ Thomas
M^ Tilden	M-- Bradley
M^ Parkhurst	Capt. G. Ormsby
M' Bartholomew	AV Powell
M^ Smith	Capt. Underhill
Capt. J. [I.] Ormsbee	M^ M. Robinson
M^ B. Baldwin	M'- Adams
M'' Nuting	M'' Rowley
Capt. Hatch	M^ Ward
M"" Foster	M-^ Post
M"" Easterbrook	M^ Harris
Capt. Wheatley	M"" Miles
Capt. Turner	M"" Cooper
Al"" Freeman	M-- Belknap
Capt. Woodward	Capt. Jon^ Fassett
M^ T. Baldwin	M-- Foot
Col° Paine	Capt. Starr
Col° Morey	M^ Wells
M^ Chandler	M"" Hamilton
Maj'' Bailey	Capt. Knight
Capt. Young	Col° Fletcher
M^ A. Curtiss	M"" Nath' Robinson
M"" Harvey	M^ Webb
M'' Woodward	M"- Scott
	Capt. E. Curtiss
	Capt. Gallup
	Capt. Williams
	Capt. Throop
	Capt. Hodges

Question 3^ Whether the towns on the east side of Connecticut River who are included by union within this State shall be erected into a distinct county by themselves.

Yeas 28 viz. Col° Walbridge M' Lewis M'' Jackson M^ Alverd M^ Aikin M^ Tilden M' Parkhurst M'' Bartholomew

Nays 33 viz. Capt. Noble Capt. Jn° Fassett M^ Millington Capt. Jn° Fassett Jun^ M"- Thomas M"" Bradley Capt. G. Ormsby M-" Powell

44

Assembly Journal

M^ Smith Capt. J. Ormsbee M*^ B. Baldwin M-" Nutting M"^ Foster M"" Estabrook Capt. Wheatley Capt. Turner M'' Freeman Capt. Woodward M^ T. Baldwin Col° Payne Col° Morey M^ Chandler Maj^ Bailey Capt. Young M' A. Curtiss Capt. Hatch M^ Harvey M"" Woodward

Capt. Underhlll M'' M. Robinson M^ Adams M^ Rowley M^ Ward M"- Post M^ Belknap Capt. Jon ^ Fassett Capt. Powers M^ Foot Capt. Starr M^ Wells M^ Hamilton Capt. Knight Col° Fletcher M"" N. Robinson M^ Webb M^ Scott Capt. E. Curtiss Capt. Williams Capt. Throop Capt. Hodges M"^ Harris M^ Miles M"" Cooper

The following reasons was assigned by those on the affirmative of the two last questions, and inserted by the desire of those whose names are thereunto annexed, viz.

We whose names are under written were on the affirmative of the two last questions because the negative being passed the towns on the east side of Connecticut river who are included by union with this State are thereby effectually debarred from all benefit, protection and se- curity of the Commonwealth of Vermont, in violation of the sixth article of the bill of rights which is established as part of the Constitution of said State and in violation of the public faith of said State pledged by their general Assembly at Bennington June ii'^'' 1778' and also a resolve of this Assembly passed yesterday whereby the towns east of the River which were received into Union with said State were Intitled to all the priviledges and immunities vested in any Town in said as by

said Resolotions may appear, reference thereunto being had —

I. This is a reference to the vote authorizing the first union with certain New Hamp- shire towns.

Thursday, October 22, 1778 45

Signed

Beza Woodward David Woodward Joseph Parkhurst

Nehemiah Easterbrooks Jonathan Freeman James Bayley

Ebenezer Walbridge Joseph Hatch John Wheatley

Israel Alorey Stephen Tilden Thom^ Bawldwin

Elisha Payne Abel Curtiss ' John Young

Bela Turner Abner Lewis Abner Chandler

Benj ^ Baldwin Elexander Harvey John Nutting

Ichabod Ormsbee Elijah Alvord Edward Aikin

Resolved that the following matters be printed for the perusal of the Several Towns Represented in this Assembly (viz)

i^*^ A list of the names of the Representatives who have attended this Assembly with their towns annexed.

2^ The Resolution of this Assembly by which the joint Committee was formed.

3^ The report of the joint Committee on the 19"^ instant. 4"^ The proceedings of Assembly thereon yesterday. 5"^ The Resolutions passed yesterday respecting division of Counties. 6^'^ The whole of the proceedings of Assembly passed this day together with the reasons annexed by dissentients from the majority.

Assembly adjourned until tomorrow morning eight oclock.

THURSDAY October 22 ^ 1778

Assembly met, according to adjournment.

Resolved, to revive "an act for securing the general priviledges of the freemen of the state of Vermont,"- — "An Act relating to the abate- ment and amendment of writs, reversal of judgment &c," & An Act for framing and regulating the militia; and for the encouragement of military skill, for the better defence of this State.

A protest' and declaration was entered by the Deputy Governor, two assistants, and twenty five members of Assembly, against the pro- ceedings of Assembly, yesterday, and withdrew.

Assembly adjourned until two oclock, afternoon

Assembly met, according to adjournment.

Resolved, that the wages of the Councillors and Representatives, for the present session be twenty seven shillings, p"" day, and a horse, one shilling p"" mile.

Resolved, that the members present proceed to business being a quorum. —

N. B. the members present, at passing this resolve, were — Maj' Thomas Chandler, Speaker —

I. See Slade's Vermont State Papers, pp. loo-ioi.

The welfare of the new State, in the first year of its existence was seriously menaced by the withdrawal of the Lieutenant Governor, two members of the Council, twenty- five members of the Assembly, and the Clerk of that body.

46 Assembly Journal

Capt. Eli Noble, . M' Joshua Webb,

Capt. John Fassett, M'' Samuel Scott,

Col° Eben"" Walbridge, Capt. Eben"" Curtiss,

M"" John Milington, M"" William Gallup, Capt. John Fassett Jun"", Capt. Phineas Williams,

M"" [leuben Thomas Capt. John Throop,

Capt. Jonathan Fassett, Capt. Edmund Hodges,

Capt. Josiah Powers, M"" Thomas Rowley, Docf Nathan Foot, M'' William Ward,

Capt. Comfort Starr, M"" Abner Lewis,

M"' Hubbel Wells, M"" Abraham Jackson,

• M" Silas Hamlinton, M^ Roswell Post,

Capt. Jonathan Knight, M"' Jesse Belknap,

Col° Samuel Fletcher, IVP Edward Aikin,

M'' Joseph Bradley, M"" Edward Harris,

Capt. Gideon Ormsby, JVP Abner Miles,

M'' Martin Powell, M^ Thomas Cooper,

Capt. Abr'" Underbill, M^ Benj ^ Spalding, M"" Moses Robinson, M"" Tim° Bartholomew,

M'' Gideon Adams M' Nath' Robinson,

Resolved, that M"" [Thomas] Rowley be appointed to join the Com- mittee appointed the 20"* inst. to draw a Bill for the establishment of fees, fines and penalties, in the room of Capt. [Bela] Turner who is with- drawn.

Assembly adjourned until eight oclock tomorrow morning.

FRIDAY October 23"^ 1778

Assembly met, according to adjournment.

Chose Martin Powell Esq'' Clerk of this Assembly, in the room of Bezaleel Woodward Esq"" resigned: — who was accordingly sworn to a faithful discharge of that trust.

Attest

Beza Woodward Clerk

STATE OF VERMONT ss Windsor Oct^ 23" 1778.

The foregoing is a true journal of the proceedures of the General Assembly of said State, from the first of the present Session, to this day.

Attest

Beza Woodward Clerk

Friday, October 23, 1778 47

Resolved, that there be a Superiour Court' appointed in this State, consisting of five Judges.

Resolved, that Bezaleel Woodward Esq'' be allowed fifteen dollars for his services, as a Clerk to this Assembly, exclusive of his attendance as a member, fifteen days.

Resolved, that the hon^'*^ Moses Robinson Esq'' be and is hereby appointed chief Judge of the Superiour Court, and A'laj'^ John Shepherd- son, second, John Fassett Jun'' third, Major Thomas Chandler, fourth, and John Throop Esq"', fifth, Judges of said Court.

Assembly adjourned until two oclock afternoon.

Assembly met, according to adjournment.

Resolved, that the Superiour Court sit four times in a year, viz; at the meeting house in Bennington, in the Shire of Bennington, on the second thursday of December, next; at the Court house in Westminster, in the Shire of Cumberland, the second thursday of March, next; at the house of Col° James Meads in Rutland, in the Shire of Rutland, on the ; and at Newbury, in the Shire of Newbury, on the second thursday of September next.

Resolved, that the Superiour Court do not sit longer, at one sitting, than one week.

Resolved, that all the bills, passed the two Sessions preceeding this, (except the act forming the special court, and the Act respecting banish- ment) be revived until the next Session of this Assembly.

Resolved, that Col° Ebenezer Walbridge be, and is hereby, ap- pointed an Assistant Clerk to this Assembly.

Resolved, that a Committee of three, be appointed to prepare a bill to impower towns, that are not represented, according to Constitution, to chuse a Representative or Representatives before the next Session of Assembly. — Committee chosen — M"" [Thomas] Rowley, Edward Harris Esq"", and Docf Nathan Foot.

Resolved, that the Councillors and Representatives be allowed one pound, four shillings, per day, and one shilling p"" mile for a horse, any previous Resolve to the contrary notwithstanding.

Resolved, that John Fassett jun'' Esq'', Col° Ebenezer Walbridge, and Capt. Ebenezer Curtiss, be a Committee to make up a debenture.

Resolved, that a Committee of three be appointed to make draught of letters to send to Congress, and New Hampshire. — Committee chosen — Col° [Ethan] Allen, Col° [Samuel] Fletcher and Capt. [John] Throop —

Resolved, that the Representatives of this Assembly lay before their constituents the circumstances of theunion^ subsisting between sixteen

1. For the organization of the Superior Court see "Vermont Bench and Bar" by Judge Frank L. Fish in 'Vol. 5, pp. 14-15 of Crockett's History of Vermont.

2. See Slade's Vermont State Papers, p. 102.

48 Assembly Journal

towns, on the east side of Connecticut River and the former State of Vermont, and to be instructed by them to act accordingly.

Assembly adjourned until eight oclock, tomorrow morning.

SATURDAY Oct^ 24^1^ 1778

Assembly met, according to adjournment.

Resolved, that a Committee of three, to join a Committee from the Council, be appointed to prefix the Governor's sallary for the year en- suing.— Committee chosen — M''Jon^ Fassett, M"" Joshua Webb and M-- [Hubbel] Wells.

Resolved, that a Committee of three be appointed, to prepare a bill, respecting the freedom of Slaves', agreeable to the bill of rights — Com- mittee chosen — M"" [Edward] Harris, M"" [Thomas] Rowley and M'' [Thomas] Cooper

Resolved, that the justices of the peace, whose names are returned to the Governor or that shall be, hereafter, returned, shall be com- missioned for the year ensuing.

A Table of fees passed the House

Resolved, that his Excellency the Governor's sallary, for the year ensuing, be three hundred pounds, lawful money.

Assembly adjourned, until 2 oclock afternoon.

Assembly met, according to adjournment.

Resolved, that a Committee of two, to join a Committee from the Council, be appointed, to prepare the Acts passed at the former Sessions and likewise the present Session, for the press, and get them printed. — Committee chosen^ — Captain Ebenezer Curtiss and Col ° John Barrett.

A Resolve passed for to make a road from Wilmington to Ben- nington.

Resolved, that a Committee of six be appointed to choose five hundred and ninety six proprietors to share in a large tract of land, specified in a petition^ of Col° Ethan Allen, Col° Samuel Herrick and Jonas Fay, Esquire. — Committee chosen — Col° Ethan Allen, Joseph Bradley Esq"", John Fassett Esq"" Docf Reuben Jones, Maj"" Thomas Chandler, and Capt. JohnThroop.

Resolved, that Col° Ethan Allen be, and is hereby, an Agent to go to the hon*^'^ the Congress, when the Governor and Council shall Judge necessary.

Resolved, that the next Session of this Assembly be held on the second thursday of February next, at Bennington meeting house —

1. See address of Chief Justice John H. Watson of the Vermont Supreme Court be- fore the Vermont Bar Association, Jan. 4, 1921, and printed in the 1919-20 Proceedings of the Vermont Historical Society, for a discussion of Vermont's attitude toward slavery.

2. This petition was favorably received and a grant of the Two Heroes, (North Hero and South Hero) was made. State Papers of Vermont, (Vermont Charters), Vol. 2, pp. 192- I95> 330-331. 350. For proceedings of a convention of delegates from twenty-two towns on both sides of the Connecticut River, held at Cornish, N. H., Dec. 9, 1778, see Governor and Council, Vol. 3, pp. 499-501.

PROCEEDINGS

OF THE

GENERAL ASSEMBLY

OF THE

STATE OF VERMONT

At Their Adjourned Sessions at Bennington February ii*^ 1779

PROCEEDINGS &c

At a General Assembly of the Representatives of the Freemen of the State of Vermont held at Bennington the ii'*' day of February 1779 according to Adjournment from the 24"" day of Ocf last, at Windsor.

I®' Proceeded to examine the credentials of a number of Members chose since the last Session agreeable to an Act of this Assembly passed at the last Session; whose names will appear in Roll being qualified. — 2^ On motion made to make choice of a Clerk for this Assembly. Voted that a Clerk be chose.

3"^ Chose M'' Matthew Lyon' Clerk of this Assembly and he accordingly took the oaths required by the Constitution to qualify him for that office.

Attest Tho'' Chandler Jun'' Sp''

Assembly adjourned till tomorrow morning 9 oclock then to meet at the house of Col" Nathaniel Brush in this Town. —

FRIDAY i2'h Feb^ 1779

Assembly met according to adjournment.

On motion made by his Excellency the Governor; Ira Allen Esq"" made return of his mission to New Hampshire^ and President Weares letter of the 5*^^ of Nov"^ was read as also several others relative to the Union —

Several letters were read to and from A. Spooner the printer to this State.

Assembly adjourned until tomorrow morning eight oclock.

FRIDAY February 12'^'' 1779

Assembly met according to adjournment.

Several letters were read concerning the situation of the frontiers of this State.

M"^ Elijah Alverd one of the members who protested against the proceedings of the Assembly at their last Session, made application to be readmitted into this Assembly — and does acknowledge to have done wrong in withdrawing from the Assembly in October last — and also in making declaration that he could not act in any office legislative, or

1. For sketches of the life of Matthew Lyon see Governor and Council, Vol. i, pp 123-128; address of Pliny H. White before the Vermont Historical Society, Oct. 29, 1858; Crockett's History of Vermont, Vol. 2, pp. 553-565.

2. See Governor and Council, Vol. i, pp. 427-429 for Ira Allen's report of his mission to New Hampshire.

52 Assembly Journal

judicial whilst the three votes complained of by the protesting members were continued; and in saying that his allegiance to this State was disolved. Whereupon he was admitted to his seat in the house.

Resolved, that a Committee of three be chosen to draw a plan for the ruling and regulating this house. Committee chosen M"" Reuben Jones, Capt. John Fassett Jun'' and M"" [Edward] Harris.

Resumed the consideration of the union between this State and sixteen towns east of Connecticut River; when, the instructions of the freemen of this State to their representatives, concerning said union, being examined, it appears that they are instructed to recede from such union. Therefore, Resolved, that M'' [Ithamer] Hibbert and M'' [Hubbel] Wells be a Committee to join a Committee from the Council, to prepare a draught relative to disolving the union between the sixteen towns, befor mentioned, and this State; and report thereon to this House.

The Committee appointed to prepare a draught relative to disolving the union with sixteen towns east of Connecticut river with this State, brought in the following report, viz.

'Whereas, in consequence of a Representation made to the General Assembly of this State, at their session at Windsor, in March 1778, by a Committee, consisting of seven persons, inhabiting several towns lying contigious to the east side of Connecticut River, that a number of in- habited towns east of said River, were then unconnected with any state, in regard to their internal police: and, on said Committee's application to the General Assembly, that the said towns might be admitted into union with this State, orders were issued by the Assembly to the Representa- tives constituents, for instructions in the premises:

'AND Whereas, in consequence of such instructions, the Rep- resentatives of said constituents, when met, at their adjourned session, at Bennington, on the eleventh day of June last, did receive into union with said state, sixteen towns east of said Connecticut river, and grant leave for other towns to unite, if they should choose:

'AND Whereas, a dispute has arisen, in respect to the right New Hampshire have to exercise jurisdiction over those sixteen towns, as claimed in a letter to his Excellency Thomas Chittenden Esquire, by Meshech Weare Esquire, President of the hon'''^ Council of the State of New Hampshire, dated August 22^ 1778:

'AND Whereas, the general Assembly of this State did, at their session at Windsor, in October last, agree on certain methods (contained in the report of the grand Committee of both Houses) to settle and ad- just the dispute with New Hampshire; nevertheless the measures to be pursued to effect those methods, were rendered impracticable by the members east of said river, withdrawing themselves from the house, in an unconstitutional manner, and forming a convention, in direct viola- tion of the most solemn oaths and obligations into which they had entered, declaring themselves discharged from any and every former confederation and association with this State:

'AND Whereas, your Committee have just grounds to apprehend

Friday, February 12, 1779 53

that the said sixteen towns are, of right, included within the jurisdiction of New Hampshire; they are, therefore, of opinion, that the said union ought to be considered as being null, from the begining.

Jonas Fay, Chairman of Committee

The above draught being read, was accepted, and this house do, thereupon. Resolve that the said Union be, and is hereby disolved, and made totally void, null and extinct': and that his Excellency the Gover- nor be and he is hereby directed to communicate the foregoing draught, and resolve thereon, to the President of the Council of the State of New Hampshire."

Resolved to receive and approve of the report of the Committee concerning the lands in Kent [Londonderry] and that Maj'' Thomas Chandler, Col° Sam' Fletcher and Docf Reuben Jones be a Committee to execute the said report on such petition; and they shall also have power to make good all the bargains of Col*^ Rogers concerning the lands in said Town contained in said Report. Provided always that nothing be done about the affair until confiscation of the estate of Col° Rogers^ be made.

Resolved that the Governor and Council be a court to confiscate the estates lying in this state of the enemies of this and the United States who have assisted or joined the enemy.

1. Ethan Allen, soon after his return from his long captivity in British prisons, (1775-78) had been sent to Philadelphia in September, 1778, by the Vermont authorities to ascertain the opinion of the Continental Congress concerning the annexation of New Hampshire towns by this State. His report, delivered to a joint assembly on Oct. 10, 177^ (for which see Slade's Vermont State Papers, pp. 92-93) may be summarized in his state- ment that, "From what I have heard and seen of the disapprobation of Congress, of the union with sundry towns, east of Connecticut River, I am sufficiently authorized to offer it as my opinion that except this State recede from such union immediately the whole power of the Confederacy of the United States of America will join to annihilate the State of Vermont and to vindicate the right of New Hampshire, and to maintain inviolate the articles of confederation which guarantee to each State their privileges and immunities."

Ethan Allen had written President Weare of New Hampshire on Oct. 23, 1778, a letter delivered by his brother Ira, saying that the union had been brought about "by in- fluence of designing men." He further said: "The union I ever viewed to be incompatible with the right of New Hampshire, " and expressed the " hope that the government of New Hampshire will excuse the imbecility of Vermont in the matter of the union."

There appears to have been no little rivalry between the portions of Vermont east and west of the Green Mountains. The Connecticut valley towns had not felt the oppression of the colonial government of New York as heavily as had the towns nearer the New York border and some of them had sent representatives to the colonial Legislature of that pro- vince. Communication was comparatively easy between towns on the eastern and western banks of the Connecticut River and difficult with western Vermont. There appears to have been a desire for a capital of a new State in the Connecticut valley and allegiance to the new State of Vermont appears to have been held rather lightly at first by some of the leaders in the eastern towns.— Governor and Council, Vol. 2, p. 500.

2. A New York grant of 26,000 acres, as the township of Kent, was made by Lieuten- ant Governor Colden, Feb. 13, 1770, to John Rogers & Co. and probably included Wind- ham and Anderson's Gore. — Vermont Historical Society Collections, Vol. i, p. 154.

54 Assembly Journal

Resolved that Capt. John Fassett Jun"" and Col° Ebenezer Wal- bridge be a Committee to join a Committee from the Council to take into consideration the petition of Capt. Ebenezer Allen &c.

Resolved that thursday next be and is hereby appointed to hear the petitions of private persons and that no such petitions be heard before that time.

Resolved that M' [Joseph] Bradley, M'' [Thomas] Rowley, Docf [Reuben] Jones be a Committee to prepare a bill and lay before this Assembly relative to the tories that have left, or that shall leave this State.

Assembly adjourned until tomorrow morning nine oclock.

SATURDAY Feb^ i3"> 1779

Assembly met according to adjournment.

An Act for securing the general priviledges of the people passed.

An Act for directing the Justices of the peace in their office and duty passed.

An Act concerning the abatement and amendment of writs judg- ments &c. passed. —

An Act against high treason passed —

An Act directing listers in their office and duty passed.

Col° [Ethan] Allen made report of his mission to Congress in which he represents among other things that it will be necessary to appoint at least three persons to manage the affairs of this State at the Conti- nental Congress.

An Act constituting and appointing one superiour court-passed.

An Act directing forceable entry and detainer passed.

Assembly adjourned until Monday next nine oclock in the morning.

MONDAY Feby 15^'^ j-,^^

Assembly met according to adjournment.

Resolved that John Fassett' jun"" be and is hereby appointed Clerk of this Assembly pro tempore.

An Act regulating marriages passed-.

An Act against barratry and common barritors passed.

An Act concerning bastards and bastardy passed.

An Act for the assertaining town brands and providing and regulating branding and brandors of horses passed^.

1. For biographical sketch of John Fassett, Jr., see Governor and Council, Vol. 2, PP- 1-2.

2. For the acts of the February session of 1779 see Acts of V'ermont, 1779, or Sladc's Vermont State Papers, pp. 287-388. All these acts were declared to be temporary and in force only "until the rising of the General Assembly in October next."

3. A brand consisting of a letter, figure or character was established for each town, to be placed on or near the left shoulder of each horse by a town brander, and a record of each animal branded was directed to be kept. An car mark or brand was provided for cattle, sheep or swine. Fences were few and as domestic animals frequenth- ran at large some method of identification was necessarv.

Monday, February 15, 1779 55

An Act for the punishing of burglary and robbery — passed.

An Act for the marking of cattle and swine — passed.

An Act relating to bills of divorce — passed.'

An Act against encroachment on highways &c. passed.

An Act concerning grand jury men passed.

An Act concerning the dowry of widows passed.

An Act concerning the witness to wills passed.

An Act for the partition of lands passed.

An Act for preventing the sales of real estates of heiresses against their consent passed.

An Act for the limitation of prosecutions in divers cases passed.

An Act for the punishment of lying passed.

An Act appointing stocks and sign posts to be maintained &c. passed.

An Act for licensing and regulating houses of public entertainment or taverns^ and for suppressing unlicensed houses passed.

An Act establishing the constitution of this Stated a part of the law thereof passed.

An Act for directing and regulating the levying and serving execu- tions— passed.

An Act against gaming — passed.

An Act against forgery passed.

An Act against fraudulent conveyances passed.

An Act for the admission of inhabitants in towns and for preventing of change by such as are admitted therein passed.

An Act for suppressing of lotteries-^ &c. passed.

An Act against manslaughter passed.

An Act against unseasonable night walking passed.

An Act against murder passed.

An Act against breaking the peace passed.

An Act for the punishing of perjury passed.

An Act for the ordering and regulating pleas and pleading passed.

1. The Council granted a divorce at its session in June, 1778. See Governor and Council, Vol. I, p. 269.

2. County courts to grant licenses upon nomination of magistrates, selectmen and other town officials.

3. There seems to be an element of absurdity in the enactment of a law establishing the Constitution, which itself authorizes the election of legislators and the enactment of laws. It should be remembered, however, that constitutional government in America was new, that the people were not familiar with its operation, and that the citizens of Vermont never had voted directly upon the adoption of the Constitution. For a more complete discussion of this subject see address by Chief Justice Watson before the Vermont Bar Association, Proceedings of Vermont Historical Society, 1919-20.

4. This act does not provide, as the title indicates, for the entire suppression of lotteries, but forbids the setting up of a lottery "without official liberty from the General Assembly." Permission to operate lotteries were granted for a variety of public and charitable purposes. See pp. 60-61 and 62 for plan for lottery " for the benefit of the treasury- of this State" and other references.

56 Assembly Journal

An Act for the maintaining and supporting the poor passed.

An Act for providing pounds and impounding creatures and pre- venting rescues and pound breach — passed.

An Act concerning replevins passed.

An Act concerning Stallions passed.

An Act to prevent the exportation of raw or untanned hides and skins — passed.

An Act concerning witnesses and taking afltadavits out of court — passed.

An Act concerning strays and lost goods passed.

An Act for the punishment of defamation passed.

An Act for the appointment and regulating attorneys' passed.

Assembly adjourned until tomorrow morning nine oclock.

TUESDAY Feb >• 16"^ 1779

Assembly met according to adjournment.

Resolved that M"" [Joseph] Bradley, Docf [Reuben] Jones and M"" [Thomas] Rowley be a Committee to distribute the pamphlets en- titled "a vindication of the conduct of the general Assembly of the State of Vermont held at Windsor 1778" — written by Ira Allen Esq^

On petition of John Train for a new tryal in a case that was tried by the special court in the half shire of Rutland on the 4*'' Sepf 1778 de- pending between John Chandler plaintiff and John Train Defendant, therefore

Resolved that the said Action be entered in the Superiour Court for a review and that the evidences taken in said case be transferred to the said Court.

Resolved that a Committee be chosen by ballot in this House con- sisting of three persons to manage our political affairs at Congress and to represent this State at that board if there should be occasion which Committee shall be under the direction of the Governor and Council. Upon examination of the votes — Col° Ethan Allen, Hon'''^ Jonas Fay and Paul Spooner Esquires were declared chosen for the purpose aforesaid.

Resolved that it be, and it is hereby recommended to the hon*^'* Court of confiscation, to make confiscation and sale of the estates lying in Cumberland county formerly the property of persons who have joined the enemies of this and the United States.

The petition of the inhabitants of the town of Rockingham &.c. concerning a road through Brumley [Bromley or Peru] S:c. — Granted.

I. Provision was made for a table of fees for attorneys. Following the War of the Revolution there was a period of great unrest throughout the Nation. In Vermont land titles were not well established in many instances. Debts were numerous, money was scarce and courts and lawyers were blamed to some extent for existing conditions.

Wednesday, February 17, 1779 57

Resolved that deacon [Edward] Aikin Major [Joseph] Tyler' and Col° [Samuel] Fletcher be a Committee to lay out make and repair said road on the cost of the proprietors and to sell the proprietors lands lying in said towns for the cost if they neglect paying the same.

An Act concerning sureties and scire facias passed.

An Act for the ordering and preserving sheep &c. passed.

An Act appointing Sheriffs and regulating them in their office and duty passed —

The Committee appointed to examine into the affairs of Capt. Eben"" Aliens petition brought in their report which being read; Re- solved that said report be accepted —

An Act for relieving and ordering ideots, impotent, distracted and idle persons, passed.

An Act for forming and regulating the militia^ and for encourage- ment of military skill and for the better defence of this State-passed —

An Act foi the pun shment of drunkards passed.

An Act against prophane swearing and cursing — passed.

Assembly adjourned until nine o'clock tomorrow morning.

WEDNESDAY February 17''^ 1779

Assembly met according to adjournment.

An Act for the regulating the payment of fees, fines and penalties — passed.

An Act for regulating goals [jails] and goalers [jailers] passed —

An Act regulating mills and millers passed. —

Resolved that a Committee of two to join one from the Council be appointed to take into consideration the circumstances of the soldiers that belonged to Capt. Aliens company last spring and to inquire why they were not paid before and report to this House. Committee chosen Col° [Samuel] Fletcher and Col° [John] Strong.

An Act to encourage the destroying of wolves &c passed.

An Act for preserving due order in town meetings passed.

An Act for restraining swine from going at large — passed.

An Act for the punishment of theft passed —

An Act for appointing county surveyors and impowering and directing them in their office and duty passed.

An Act concerning guardians and minors passed —

An Act to prevent wrong by impress passed.

An Act concerning briefs passed.

An Act for the regulating the election of governor &c passed.

1. Maj. Joseph Tyler was not a member of the General Assembly at this time. For biographical sketch see Governor and Council, V^ol. 2, p. 75.

2. Provision was made for organizing five regiments, the States being divided into militia districts. All men between the ages of sixteen and fifty years were subject to military duty and were supposed to attend musters, but there was a long list of exceptions.

58 Assembly Journal

An Act directing town clerks in their office and duty passed — An Act describing the probate districts passed. — Assembly adjourned until nine oclock tomorrow morning.

THURSDAY February 18 '^ j^-,^

An Act regulating the choice of town officers and petit Jurymen passed — and Resolved that Docf Roswell Hopkins be and is hereby appointed to draw copies of the above act for the several towns in this State.

Resolved that M"" [Ithamer] Hibbert, M"" [Martin] Powell and M"" Moses Robinson be a Committee to examine into the matter of the petition of Zachus [Zaccheus] Mallery, and report thereon to the next Session of Assembly.

Resolved that M' [Elijah] Alverd, Major [Gideon] Olin, Esq^ [Thomas] Cooper, M'' Underwood, [possibly Capt. Abraham Underbill] and Capt. [William] Gallup be a Committee to join a Committee from the Council to take into more particular consideration the affair of Capt. Aliens petition.

On petition of Charles Blin Resolved that the said Blin has a right to commence a new suit in the superiour court.

Whereas there are a number of executions given out by the late Special courts, which executions remain unsatisfied and are run out — therefore Resolved that the clerk of the superiour Court be and he is hereby impowered to renew all such executions in the same manner as the clerks of the special courts, (out of which said executions was issued) might have done if such courts had been continued.

Resolved that the petition of Miles Sly be granted and that the action be entered before Samuel Robinson Esq"" Justice of the peace and Jeremiah Clark Esq'' Assistant, and that Esq'^ Clark notify William Parker thereof — ■

Resolved that Docf [Reuben] Jones, M"" [Samuel] Scott, Jonathan Fassett Esq"", Thomas Rowley Esq'' and M'' [John] Russell be a Com- mittee to join a Committee from the Council to look into the petition of the proprietors of Pownall and Report to this House.

Report not accepted —

An Act against adultery passed.

An Act against incest passed —

Assembly adjourned until nine oclock tomorrow morning.

FRIDAY February 19'" 1779

Assembly met according to adjournment.

An Act concerning lacivious carriage passed — An Act for the punishment of rape passed —

An Act for the more effectual making and repairing highways passed —

Saturday, February 20, 1779 eg

An Act for Authenticating deeds and conveyances passed. —

Resolved that M^ [Roswell] Post and M' [Joshua] Webb be and are hereby appointed a Committee to join a Committee from the Council to look into the matter of the petition of Eli and Timothy Everets' and Report thereon to this House —

An Act for the preventing and useing boats and canoes without leave passed —

An Act enabling communities to maintain and recover their common interest passed.

An Act relating to Constables passed —

An Act for the punishment of divers capital and other felonies passed —

The report of the Committee appointed to examine into Lieut. Barretts petition accepted viz — that the action is proper to be tried before some other court.

An Act concerning testate and intestate estates passed.

Assembly adjourned until tomorrow morning 9 oclock.

SATURDAY Feb^ 20^ *> 1779.

Assembly met according to adjournment.

An Act for the regulating ferries and ferriages passed.

Resolved that the Seal^ provided by Ira Allen Esq'' for the Seal of this State be and is hereby accepted as such and that Esq"" Allen be empowered to get the said seal cut deeper.

An Act for the security of this State, passed.

An Act to admit quakers affirmation passed.

An Act concerning sudden and untimely deaths passed —

An Act for the preservation and increase of deer^ passed —

An Act for regulating and auditing accounts passed.

Report of the Committee on Capt. Aliens petition accepted and Resolved — that the petition be and is hereby ordered to pay to Capt. Eben'' Allen the pay for the two months service he and his company have done last March and April —

On petition of the proprietors of the town of Pownall, Resolved that the Superiour court at the request of said proprietors shall have power to grant out an attachment to be levied on the estate of George Gardi- ner Esq'' lying in this State in order to hold firm the said estate for the answering any damages that on tryal before them shall appear that said

1. Eli and Timothy Everets were granted one hundred and twenty acres of land in discharge of a debt due from the State to their father, Sylvanus Everets of Castleton, proscribed as a Tory a few days later. — Governor and Council, Vol. i, pp. 62, 285.

2. The first State seal was designed by Ira Allen and made by Reuben Dean of Windsor. See, "Vermont State Seal and Coat of Arms" in Vermont Legislative Direc- tory (191s) pp. 367-375.

3. A closed season from Jan. 10 to June 10 was established.

6o Assembly Journal

Gardiner has done said proprietors by destroying or with holding their records, he being cited to appear before said court by himself or attorney to answer in the case.

Report of a Committee on petition of Timothy and Eli Everets accepted and is as follows viz that the said petitioners be allowed one hundred and twenty acres of said land of equal quality with the re- mainder, including in said estimation the improvements and edifices thereon the petitioners discharging the state from any debts or demands of what name or nature soever which they have now or heretofore had against Sylvanius Everits their father.

Assembly adjourned until monday next ten oclock in the forenoon

MONDAY February 22 '^ 1779.

Assembly met according to adjournment.

An Act to prevent nusuance in the public highways passed.

An Act for preventing and punishing riots and rioters passed.

An Act regulating Juries and Jurors passed.

An Act concerning delinquents passed.

Resolved that the Governor and Council be and they are hereby directed to appoint a pay-master or pay masters as there shall be oc- casion in order to procure the pay for the militia of this State that may from time to time be called out in the service of this and the United States — and it shall be the duty of such paymaster (on being enabled thereto by the field officer commanding any detachment and the ofl[icers commanding companies) to make out pay rolls of the service done by such detachments or companies and to procure both the continental and states pay, and to pay the same, for the field and staff officers to the officer commanding the detachment, and to the officers commanding companies the pay for their companies — and such pay-master or pay- masters shall be paid for their service by the Treasurer of this state for what part of their trouble they cannot get pay of the continent.

Assembly adjourned until tomorrow morning nine oclock.

TUESDAY February 23^ 1779

Assembly met according to adjournment.

An Act for the due observation and keeping the first day of the week as the sabbath or Lords-day &c. passed.

An Act regulating fisheries passed.

An Act concerning forgery — passed.

Resolved that the second thursday of April next be and is hereby appointed to be kept as a day of public fasting and prayer — and that his Excellency be and is hereby directed to issue his proclamation accord- ingly.

Wednesday, February 24, 1779 61

Resolved that Col° [Ebenezer] Walbridge and M"" [Matthew] Lyon be and are hereby appointed a Committee to join a Committee from the Council to settle with the treasurer.

On petition of Thomas Chandler, John Chandler and Thomas Chandler jun'' Resolved that the township formerly granted by the Governor of New Hampshire by the name of New Flamsted as described in said petition be and is hereby established by the name of Chester'.

An Act making the laws of this State temporary^ passed — •

An Act for the regulating and calling proprietors meetings passed.

Resolved that the Counsellors and Representatives have six dollars p"" day during their present session to be counted from the time of their leaving their respective homes until they may conveniently return to the same, and one shilling p"" mile for horse.

WEDNESDAY February 24*^ 1779

Assembly met according to adjournment.

Resolved that this Assembly be and are hereby resolved into a Com- mittee to join with the Governor and Council to confer on the matter of guarding the frontiers.

Resolved that the officers and soldiers who served under Capt. Clark last March and April^ have a right to their pay of said Capt. Clark and 'that the law is hereby declared to be open for such officers and soldiers to sue for and recover their pay of said Capt. Clark and that in all such cases the under officers and soldiers of any detachment shall have a right to sue for and recover their pay of their officer after he has drawn their money and refused to pay the same.

Whereas sundry persons inhabitants of this State have been sentenced to banishment by virtue of an act of Assembly passed at Bennington at their session in June last some of which persons did not leave this State according to sentence and others have found means to return so that tlie greater partof those persons do now reside in this State which does greatly disturb the peace and happiness thereof as well as endanger the lives of the inhabitants, therefore Resolved that if any

1. This township was granted by Governor Wentworth of New Hampshire as Flamstead, Feb. 22, 1754. It was regranted to others, under a New Hampshire seal, Nov. 3, 1761, under the name of New Flamstead. A New York grant under the name of Chester, July 14, 1766, confirmed the grant of 1754, but increased the area from 23,040 acres to 31,700 acres. The Vermont resolution retained the New York name. See Ver- mont Historical Society Collections, Vol. i, p. 154; State Papers of Vermont, Vol. 2, (Vermont Charters), p. 280.

2. See address of first Council of Censors, Slade's Vermont State Papers, p. 536.

3. Isaac Clark was designated a captain in the proposed Canadian expedition early in 1778. When that was abandoned he and Capt. Ebenezer Clark were assigned to guard the northern frontier. See Governor and Council, Vol. i, p. 225; Vermont Revolutionary Rolls, p. 64 for roll of Captain Clark's Company.

62 Assembly Journal

such person or persons which have been sentenced to banishment as aforesaid shall be found in this State after the first day of May next (which have not obtained or shall not obtain a pardon or reprieve from their crimes from the governor and Council of this State) that such person or persons shall be whipt not exceeding forty stripes to be re- peated once a week by order of an Assistant or justice of the peace so long as they shall continue in this State.

Resolved that each of the above described persons be served with a copy of the above Resolve.

An Act for making and altering highways passed.

An Act regulating tryals and appeals passed.

Resolved that a plan be drawn for a lottery for the benefit of the treasury of this State and that Col° [Ebenezer] Walbridge, M'' [Matthew] Lyon and Esq"^ [Thomas] Rowley be a Committee to draw said plan.

Assembly adjourned until tomorrow morning nine oclock.

THURSDAY February 25^ »> 1779.

Assembly met according to adjournment.

Resolved that the Governor and Council be and are hereby appointed a board of war' with full power to raise any number of men that shall by them be judged necessary for the defence of the frontiers and to make any necessary preparations for the opening campaign — any four of whom to be a quorum.

Resolved that for the ensuing year the tavern keepers shall be li- censed by one assistant and one Justice of the peace or by one Judge of the Superiour court and one Justice of the peace under the same regulations as they are in future to be licensed by the County court.

Resolved that the Council be and are hereby impowered to liberate the tories under the care of Capt. Robinson or dispose of them according to their merit^.

Resolved that Silas Hamilton, Amos Peabody and Eliphalet Hyde who were appointed a Committee (by the General Assembly at their last session held at Windsor) to make a road from Wilmington west line through Readsborough and Woodford to Bennington east line, shall lay out and cause to be made and repaired the road above said in the manner following — viz. firstly said Committee shall desire the proprietors of said Readsborough and Woodford immediately to lay out make and repair said road under the inspection of said Committee and upon the proprietors being notified of said Resolution and upon their neglecting or refusing to comply therewith that then said Committee be and are

1. For recordof Board of War see Governor and Council, Vol. i, pp. 295-297, 298-301, 306-309; Vol. 2, pp. 6-9, II, 14, 15, 20, 21, 28-31, 33, 35, 37, 43, 44, 53, 60, 66-72, 75, 77, 78, 80, 98-101, 109, III, 113, 117, n8, 129, 130, 144, 149, 151, 152, 164, 298.

2. For the care of the families of Tories see Governor and Council, Vol. i, pp. 261 , 285.

Thursday, February 25, 1779 63

hereby impowered to sell so much of said proprietors lands in said Reads- borough and Woodford as shall be sufficient to make mend or repair said Road, and said Committee is hereby impowered to give good and sufficient deeds thereof to those who shall purchase said lands.

Resolved that his Excellency the Governor and Council revise, pre- pare and make any necessary alterations in the several laws and acts passed in the General Assembly and have the same printed as soon as may be.

The Committee appointed to draw a plan for a lottery brought in the following plan viz —

"Whereas the frontier situation of this State to the enemies of this and the United States of America, render it absolutely necessary for its inhabitants to keep constant guards not only for the immediate defence of this but the several other States to which this [is] a frontier.

"AND Whereas the inhabitants of this State have been so much dis- tressed for two years past, that it is become very difficult for them to advance such sums of money by taxes as is necessary to support such guards.

" Therefore it is our opinion that the General Assembly of this State resolve on the following scheme of a lottery for the purpose of raising fifteen thousand dollars, and of lodging eighty five thousand more in the loan office of this State for nearly the term of two years, in order to en- able the treasurer of this State to answer the demands on him for service done in that way.

"That there be two classes — the first class to consist of ten thousand tickets, at ten dollars each is one hundred thousand dollars. — The second class to consist of five thousand tickets at twenty dollars each is one hundred thousand dollars.

First Class Second Class

Dollars Dollars

1 prize of 3,000. dollars is 3,000. i prize of 4,000. dollars is 4,000.

2 d° 1,000. d° each is 2,000. 3 d° 1,000. d° each is 3,000.

6 d° 500. d° 3,000. 10 d° 500 d° 5,000.

14 d° 250. d° 3,500. 14 d° 250 3.500.

100 d° 100. d° 10,000. 200 100 20,000.

150 d° 60. d° 9,000. 1290 50 64,500.

300 d° 40 d° 12,000. 1518 prizes

2875 d° 20. d° 57,500. 3482 blanks not 2>^ to a prize.

3448 prizes 5, 000 tickets at 20 dollars each

6552 blanks — not two to a prize 100,000 dollars

Dollars

10,000 tickets at ten dollars each is 100,000

64 Assembly Journal

That the first class be drawn as soon as the 25 day of November next — and the tickets which shall remain unsold on the 10^^ day of November next shall be by the Managers sealed up and transmitted to the Treasurer of this State; which tickets shall be at the risque of this State — But in case the Managers shall find the tickets to be all sold before that time, then the lottery shall be drawn as much sooner as shall be found convenient.

That the fortunate adventurers in the first Class, who shall draw twenty dollar prizes shall have their tickets renewed in the second class or be subject to a deduction of 15 p"" cent upon application to the Man- ager in that part of the State where from their tickets issued.

That the fortunate adventurers in the first class, who shall draw prizes upwards of twenty dollars shall be paid their money, subject to a deduction before mentioned, or in tickets in the second class without deduction, at their election, on application to the Treasurer of this State within two months after the drawing. That the tickets in the Second Class shall not any of them be sold until the first class be drawn.

That the second Class shall be drawn by the 25'^ of Novembei 1780; and what tickets shall remain unsold on the 8*^ day of November 1780, shall be sealed up by the Managers, and transmitted as aforesaid, and be at the risque of this State — But in case the Managers shall find the tickets to be all sold any considerable time before that time, the Lottery shall be drawn sooner.

That the fortunate adventurers in the second class shall be paid the several prizes which they shall draw immediately after the 25 of February 1781 on application to the treasurer of this State, subject to a deduction of 15 per cent.

Resolved that the aforesaid report be accepted.

Resolved that Col° Moses Robinson and Col° Ebn"" Walbridge of Bennington; Col° Sam' Fletcher of Townshend, Joseph Bowker Esq"" of Rutland; Benjamin Emmonds Esq' of Woodstock; and Paul Spooner Esq"" of Hertford, be and they are hereby appointed Managers of the lottery aforesaid.

Assembly adjourned until tomorrow morning nine oclock.

FRIDAY February 26'*^ 1779

Assembly met according to adjournment.

Resolved that Col° [Ebenezer] Walbridge M"" [Joseph] Bradley and Col° [Samuel] Fletcher be and are hereby appointed a Committee to settle with Col° Brush to settle with him for the use of this Room.

Resolved to accept of the Report of the Committee of both houses held by adjournment from the 24"^ inst. and that his Excellency the

Friday, February 26, 1779 65

Governor be requested to write and send to General Washington' agree- able to said Report — and he is likewise desired to write to the command- ing officer at Rutland^ in order that the Soldiers be detained there 4 days.

An Act concerning the tories gone to the Enemy passed.

Resolved that his Excellency be directed to issue his Proclamation with the Laws of this State directing all persons in office civil and mili- tary and others to give due attention and pay all proper obedience thereto.^

An Act impowering Collectors to collect rates &c. passed.

Assembly adjourned until the first Wednesday in June next at nine oclock in the morning then to meet at the meeting house in Windsor

1. Governor Chittenden was asked to write General Washington concerning the de- fense of the frontiers. (Governor and Council, Vol. i, p. 289) The Council on Feb. 26, 1779 had appointed Col. Ethan Allen to wait upon General Washington "to acquaint him, with the situation of affairs relative to the defence of the northern frontiers of this state." Joseph Fay was selected on the following day, instead of Ethan Allen, to wait upon General Washington. He bore a letter from Allen, which stated that "the enemy's ships of force and scouting parties (are) every day expected down the lake, which may annoy and massacre the frontier inhabitants." This situation had "given rise to great uneasiness as the frontier is but weakly guarded and widely extended." It was hoped that relief might be granted. The writer added: "Undoubtedly your Excellency will readily con- ceive that this part of the country have done more than their adequate proportion in the war, and though they are greatly reduced as to materials to maintain standing forces, yet on sudden emergencies the militia is able and willing to face any equal number of the enemy, provided they should have no other reward but the satisfaction of defeating them." — Governor and Council, Vol. i, p. 290.

On March 5, 1779, Governor Chittenden wrote General Washington, pointing out the exposed position of the Vermont frontiers and the losses sustained in the campaign of 1777, when it was necessary to abandon plentiful crops unharvested. As a result of serving in the ranks against General Burgoyne the inhabitants were unable "to make the necessary preparations for a crop of winter grain."

2. Rutland had been selected as the Vermont military headquarters upon the or- ganization of the State government, and Fort Ranger, enclosing two acres or more, had been erected. — Crockett's History of Vermont, Vol. 2, pp. 244-245.

3. See Governor and Council, Vol. i, p. 289, for text of Governor Chittenden's proc- lamation.

JOURNALS

OF THE

GENERAL ASSEMBLY

OF THE

STATE OF VERMONT

At Their Adjourned Session at Windsor, June 2nd, 1779

JOURNALS

JUNE 2'' 1779

Assembly met (according to adjournment) at Windsor —

Resolved that this Assembly do approve of the method heretofore taken by the Board of War' for the defence of the frontiers; and do re- commend to them to attend to the defence of the frontiers —

Resolved that M' [Edward] Harris M" [Joshua] Webb and Col° [John] Strong be and are hereby appointed a Committee to wait on his Excellency the Governor and the hon'''^ the Council and give them the thanks of this Assembly for their raising and sending the Posse Comi- tatus into Cumberland County in May last^ past for the purpose of apprehending the rioters who were tried at Westminster in A4ay last.

Resolved that twelve dollars p"" day be allowed the Judges of the Superior Court for their attendance on Court and travel to and from Court.

Resolved that his Excellency the Governor and any four members of the Council be and they are hereby invested with all the powers that have been hitherto given to and made use of by the Court of Confiscation.

Report of Committee on petition of the inhabitants of Pittsford accepted and the hon^'^ Joseph Bowker Esq"' Col° [John] Strong and M"" Roswell Post be and are hereby appointed a Committee to view the fort mentioned in said petition and make report to this Assembly at their next Session agreeable to the directions in said Report —

Adjourned until tomorrow morning 8 oclock —

1. See Governor and Council, Vol. i, pp. 294-301 for records of the Board of War from March 11, 1779 to May 14, 1779. The north line of Castleton, the west and north lines of Pittsford to the foot of the Green Mountains, were established as a line between "the inhabitants of this State and the enemy," and it was announced by the Board of War on March 12, 1779, that "all the inhabitants of the State living to the North of said line are directed and ordered to immediately move with their families and effects within said lines. " It was further recommended that the inhabitants of Castleton and Pittsford erect a picket fort at once, near the center of the settled region of each town; that the women and children, with the exception of those residing near the forts, move to some convenient place further south and the men remain on their farms "and work in collective bodies with their arms."

2. There remained in a portion of the region now known as Windham County a considerable number of the friends and partisans of New York, and these persons were unwilling to acknowledge the authority of the new government of Vermont. The trouble came to a head in the spring of 1779. Capt. James Clay and others who claimed to be citizens of New York were ordered into service to guard the frontier. They refused to obey and a substitute was secured, the expense being charged to them. They declined to pay and cows were seized and ordered to be sold to pay the expenses. Col. Eleazer Patterson and nearly one hundred New York partisans seized the cows and returned them to the owners. Governor Clinton of New York was notified of the situation. He counselled firmness and prudence, but no submission to Vermont authority, desiring time to learn the sentiment of the Continental Congress.

The Vermont Council in May ordered Col. Ethan Allen with one hundred men from Bennington County to proceed to the assistance of the Sheriff of Cumberland County.

JO Assembly Journal

THURSDAY June 3 '^ 1779

Assembly met according to adjournment.

Ira Allen Esq"^ made report of his mission to New Hampshire' and Sundry papers relative thereto was read— and Ira Allen Esq"" was unanimously chosen by ballot an Agent to transact the affairs of this State at the Council and General Assembly of the State of New-Hamp- shire— Resolved that his excellency the Governor be and he is hereby requested to write to the Council and General Assembly of the State of New-Hampshire informing them that it is not agreeable to this Assembly that the Assembly of the State of New Hampshire lay any jurisdictional claim to the west of Connecticut River —

Resolved that Col° [Samuel] Fletcher and Maj'' [Joseph] Tyler be and they are hereby at their request dismissed from their appointment of February 16'*' last past for to lay out make and repair a road peti- tioned for by the inhabitants of the town of Rockingham &c. — and Capt. Edward Aikin and M'^ Thomas Hill are hereby appointed in their room.

Resolved that the lands ungranted by N. Hampshire lying contigious to the Settlements called Kent [Londonderry] as also the settlement shall

I. See Governor and Council, Vol. i, pp. 403-409, 427-429, 433-435, 436-441.

Ira Allen accompanied his brother Ethan, and arranged the details. Colonel Allen and his force appeared at the scene of trouble on May 24 and Colonel Patterson and other officers claiming allegiance to New York were arrested and imprisoned. Samuel Alinott, chairman of a committee of the friends of New York in Cumberland County, appealed to Governor Clinton for "speedy and efficient measures for our relief." The prestige of the leader of the Vermont expedition is indicated by the statement in the letter that if relief is not furnished quickly "our persons and property must be at the disposal of Ethan Allen which is more lo be dreaded than death with all its terrors." The New York delegates in Congress introduced resolutions intended to prevent the formation of an independent State, like Vermont, and Governor Clinton sent to Congress his version of the Cumberland County episode. Congress without committing itself on the subject voted to send a com- mittee of five to Vermont. Governor Clinton protested at the lack of support from Con- gress, asked for the return of cannon and threatened to send to Brattleboro approximately one thousand men raised for the defence of the frontiers. An unsuccessful attempt was made to secure aid in New Hampshire to release the prisoners confined at Westminster. The prisoners were cautioned against further offences and dismissed after small fines had been imposed and the jurisdiction of the Vermont court had been recognized. Governor Chittenden also issued a general pardon to cover offences conamitted in Cumberland County. Ira Allen, in describing tiiis period, said: "This lenient measure established the power and laws of Vermont in the hearts of the people and made such an impression on the minds of the late prisoners that within two years they filled some of the first offices of that State." Thus the boldness and vigor of the Vermont officials established the authority of the new State and the tact and moderation of the treatment of the New York prisoners made friends of former enemies. The affair was handled in a statesmanlike manner.

Two members of the Congressional committee visited Vermont and made a report by no means unfriendly to this State, but it was not considered an official document, as a majority of the committee did not participate in the investigation. — Governor and Council, Vol. I, pp. 298-300, 441 and 518-525; Documentary History of New York, Vol. 4, pp. 581- 582, 588-59o;Sladc's Vermont State Papers, pp. 106-113; Crockett's History of Vermont, Vol. 2, pp. 283-289.

Friday, June 4, 1779 71

be granted by this State and incorporated as soon as may be con- venient and the settled lands agreeable to the Report of the Committee on Kent petition to the last Assembly on the conditions contained in that report be confirmed to the persons mentioned in the said Report.

Resolved that a Brigadier General be appointed to command the militia of this State. The ballots being taken,

Ethan Allen Esq'' was elected Brigadier General.

An Act for the alteration of Fees passed —

Resolved that a Surveyor General be appointed to procure copies of all Charters that ever was made of lands lying in this State in order to make out one General plan of this State in order to know where vacant lands are; and it shall be his duty to follow the insructions he shall from time to time receive from the Governor and Council or from this As- sembly.

The Ballots being taken,

Ira Allen Esq"' was Elected Surveyor General'

Resolved that AI"" [Ithamer] Hibbert be and he is hereby appointed to wait on the Reverend IVP Root of Rutland and request him to preach the next election sermon; and in case he refuses — M"' [Joshua] Webb is hereby appointed to wait on the Reverend M"^ Withing and request him to preach the next election sermon —

An Act to prevent persons from exercising authority unless lawfully authorized by this State passed — ■

An Act for the alteration of fees and fines passed —

Whereas it is represented to this Assembly that there are consider- able stocks of ammunition lodged in the hands of the enemies of this State^ in several towns in the County of Cumberland, therefore Resolved that the Select-men of such towns are hereby directed to make im- mediate application for and receive such ammunition and deposit it where it will be at their direction — and in case that the persons who have such ammunition in custody do refuse to give up the same it shall be the duty of such Select-men to seize such ammunition and dispose it as aforesaid; and all persons are hereby commanded to assist the Select- men in the execution of this order —

An Act intitled an Act to grant liberty of sueing in certain cases therein named — passed —

Assembly adjourned until tomorrow morning 8 oclock.

FRIDAY June 4''' 1779

Assembly met according to adjournment.

Resolved that his Excellency be requested to issue a proclamation

1. See State Papers of Vermont, Vol. i, "Index to the Papers of the Surveyor General." Ira Allen became a land surveyor when only a youth. See "Ira Allen" an address by Darwin P. Kingsley, p. 4.

2. The "enemies of this State" referred, doubtless, to the New York party in south- eastern Vermont, some of whom were Tories. See Governor and Council, Vol. i, p. 303.

72 Assembly Journal

of pardon to all rioters^ &c. which proclamation was read and approved of—

Resolved that the Posse commitatus that have assisted the Sheriff of the County of Cumberland in the execution of his office in May last be allowed 48p p"' day —

Resolved that Manchester be and is hereby appointed the place for the next election to be holden on the second thursday of Ocf next at goclock.

Resolved that Maj"^ [Thomas] Chandler, Deacon [Edward] Aikin and M'' [Joshua] Webb be a Committee to consider the^ [petition] in favour of Col ° Roger,'? wife and consult her brothers about the affair — and make report to the next Session of Assembly —

This Assembly stands adjourned without day —

1. See Hall's History of Eastern Vermont, p. 344 and Governor and Council, Vol. I, p. 305 for the names of the persons pardoned.

2. Col. James Rogers was one of the early settlers of Kent (later known as London- derry). He was active in early Vermont affairs but later went over to the King's troops. His property was confiscated by the Vermont Council of Safety in 1778. Mrs. Rogers was an invalid and she and her children were granted the use of their home and farm. See Governor and Council, Vol. 2, pp. 8, 9. Also see p. 81 of this volume.

JOURNALS

OF THE

GENERAL ASSEMBLY

OF THE

STATE OF VERMONT

At Their Session Held at Manchester on the Second Thursday of October 1779

JOURNALS

Manchester Thursday October 14"' A. D. 1779 The General Assembly of the State of Vermont having met according to the Con- stitution of said State proceeded to business.

Resolved that Stephen R. Bradley' Esq'' be and he is hereby appointed Clerk of this Assembly for the present Session.

Resolved that Thomas Chandler Esq"" be and is hereby appointed Speaker of this Assembly for the present Session.

The House proceeded to examine the Certificates of the Alembers and find that the following persons were legal Representatives of the several towns to which there names are affixed, viz'

Pownals, i>, Bennington Shaftsbury Arlington

Capt. Abiathar Angel Benjamin Gardiner Nathan Clark Esq'' ^ Samuel Robinson Esq' M' David Galusha ^ M"' John Burnham ' John Fassett [Jr.] Esq'' ^ Capt. Matthew Lyon Sandgate—M^ Bethel Hurd Sunderland — M"' Daniel Cumstalk [Corn- stock]

,, , r Martin Powel Esq''

Manchester | ^^^^ q.^^^^ q^^^^^

Dorset — Col° John Strong

Reuport [Rupert] — M' Moses Robinson

Pallet [Pawlet] — Capt. William Fitch

' M' John Noyce M' David Stowel

' Capt. Hubbel Wells

^ Edward Harris Esq'' Whitingham Silas Hamilton Capt. Marlborough — M'' Jonathan Underwood Wilmington — Col° William Williams New Fane [Newfane] — M' Ebenezer Merrick r, , /Capt. Jon''' Knight

^""^'"^^^'°''\M' John Duncan Wells — M' Ithamier Hibbard Castleton — Jesse Belknap Esq' Poultney — M' William Ward r> 7 f Thomas Rowley Esq' ^««^y I M' William Gage

Tinmouth

Guilford Hallijax

M' Charles Bruster [Brewster] M' Solomon Bingham Clarendon i ^^' Nebediah Angel '^''"^"^"'^""iM'Ezekiel Clark Wallingsford — M' Abraham Ives

o ,, ,/M' William Roberts Rutland \ r^ ^ t l c • i 1^ Capt. John Smith

Pittsford M' Ebenezer Drury

Neshoba [Brandon] Capt. Timothy Barker

Cornwall — Doct' Nathan Foot

District of Ira. Capt. Isaac Clark

Westminster Nathaniel Robinson Esq'

Kent [Londonderry] — Deacon Edward Aikin

Chester Thomas Chandler Esq'

Weathersfield — Capt. William Upham

Cavendish M' John Russell

Capt. Ebenezer Curtis

Major Benjamin Wait

Andrew Speare

M' Abner Miles

M' Amos Hale

Col° Samuel Fletcher

Joshua Webb Esq'

Reuben Jones Esq'

Silas Wells Esq'

f M' Stephen Powers

\ M' Nathan Howland

Hartford Amos Robinson Esq'

Strafford Frederick Smith Esq'

Bearnard [Barnard] Asa Whitcomb Esq'

Winsor

Reading

Putney

Townshend

Rockingham

Thetford

Woodstock

Resolved that the Council be notified that this Assembly are ready to attend divine Service which was accordingly done, and a Sermon Preached by the Reverend M"" Root.

I. For biographical sketch of Stephen R. Bradley, see Governor and Council, Vol. 2, pp. 200-203; Crockett's History of Vermont, Vol. $, History of Bench and Bar, pp. 61-63.

t^-li-vl^

^ ii i T 1

JOURNALS

Manchester Thursday October 14"^ A. D. 1779 The General Assembly of the State of Vermont having met according to the Con- stitution of said State proceeded to business.

Resolved that Stephen R. Bradley' Esq'' be and he is herebj^ appointed Clerk of this Assembly for the present Session.

Resolved that Thomas Chandler Esq'' be and is hereby appointed Speaker of this Assembly for the present Session.

The House proceeded to examine the Certificates of the Members and find that the following persons were legal Representatives of the several towns to which there names are affixed, viz*^

\ Al'' Benjamin Gardiner „ . , /Nathan Clark Esq' Benmngton | 5^^^^, Robinson Esq'

_, , , / M-- David Galusha ^^'^/'•^^"'■y\M' JohnBurnham

... / John Fassett [Jr.] Esq'

^^^^^S^^^lCapt. Matthew Lyon Sandgate — M' Bethel Hurd Sunderland — M' Daniel Cumstalk

Tinmouth Clarendon

Manchester

[Corn- stock]

Martin Powel Esq' Capt. Gideon Ormsby Dorset — Col° John Strong Reuport [Rupert] — M' Moses Robinson Pollet [Pawlet]— Capt. William Fitch ^ •;/ J / M' John Noyce C«'^/°^'^\M' David Stowel rj „.. /Capt. Hubbel Wells ^'^"y^^t Edward Harris Esq' Whitingham Silas Hamilton Capt. Marlborough — M' Jonathan Underwood Wilmington — Col° William Williams New Fane [Newfane] — M' Ebenezer Merrick

Danby

M' John Duncan Wells — M' Ithamier Hibbard Castleton — Jesse Belknap Esq' Poultney — M' William Ward Thomas Rowley Esq' M' William Gage

M' Charles Bruster [Brewster]

M' Solomon Bingham

'M'Nebediah Angel

M'Ezekiel Clark

Wallingsford — M' Abraham Ives

n ,/ - / M' William Roberts Rutland s ^ » t u c -.u (_ L-apt. John Smith

Pittsford M' Ebenezer Drury

Neshoba [Brandon] Capt. Timothy Barker

Cornwall — Doct' Nathan Foot

District of Ira. Capt. Isaac Clark

Westminster Nathaniel Robinson Esq'

Kent [Londonderry] — Deacon Edward Aikin

Chester Thomas Chandler Esq'

Weathersfield — Capt. William Upham

Cavendish M ' John Russell

Txr- f Capt. Ebenezer Curtis

\ Major Benjamin Wait

Reading Andrew Speare

r, , /M' Abner Miles

^"'"^^Im' Amos Hale

Townshend Col° Samuel Fletcher

n ,• , f Joshua Webb Esq'

Rockingham Sou t t7 r

*■ \ Reuben Jones Esq'

Thetford Silas Wells Esq'

Tir J , 1 / M' Stephen Powers

^^"^•^'^^'^iM' Nathan Howland

Hartford Amos Robinson Esq'

Strafford Frederick Smith Esq'

Bearnard [Barnard] Asa Whitcomb Esq'

Resolved that the Council be notified that this Assembly are ready to attend divine Service which was accordingly done, and a Sermon Preached by the Reverend M"^ Root.

I. For biographical sketch of Stephen R. Bradley, see Governor and Council, Vol. 2, pp. 200-203; Crockett's History of Vermont, Vol. 5, History of Bench and Bar, pp. 61-63.

y6 Assembly Journal

The Representatives then took the oaths necessary to qualify them for a seat in the House.

Resolved that a Committee of six (to join a Committee from the Council) be appointed to receive, sort and count the votes of the freemen of this State and declare those who are appointed to the several offices of Governor, Deputy Governor, Treasurer and Counsellors for the year ensuing. Members chosen M"" [John] Fassett, M"" [Samuel] Fletcher, M^ [Matthew] Lyon, M^ Amos Robinson, M'' N. Clark, and M^ [Thomas] Chandler.

The Members chosen by the uper house viz Jonas Fay, Timothy Brownson, Moses Robinson, Joseph Bowker and Ira Allen Esquires having joined the above Committee proceeded to receive sort and count the votes agreeable to their appointment, and the Sheriif was ordered to Proclaim the following persons chosen to the following offices for the year ensuing viz':

His Excellency Thomas Chittenden Esq"" Governor The honorable Benjamin Carpenter Esq' Deputy Governor

d° Ira Allen Esq'' Treasurer The honorable Joseph Bowker, Moses Robinson, Jonas Fay, Timo- thy Brownson, Paul Spooner, Jeremiah Clark, Benjamin Emmons, Ira Allen, John Fassett Jun^ John Throop, Samuel Fletcher and Thomas Chandler Jun'' Esquires Assistants.

Assembly adjourned until tomorrow morning eight oclock —

FRIDAY 15*^ October 1779

Assembly met according to adjournment.

On motion made by M'' Stephen R. Bradley Resolved that Docf Roswell Hopkins be and he is hereby appointed assistant Clerk of this Assembly for the present Session —

Resolved that no person by being elected into office shall be obliged to take the oath of Allegiance more than once every year any former Resolution to the contrary notwithstanding.

Assembly adjourned to half past two oclock afternoon.

Assembly met according to adjournment.

Upon the request of Stephen R. Bradley Esq' Resolved that he be dismissed as a Clerk of the present Session.

Resolved that Docf Roswell Hopkins be and is hereby appointed Clerk of this Assembly this present Session.

A Petition signed Asa Douglas was read Resolved that it be referred to the next Session of Assembly.

A Petition from sundry men of Wilmington dated Ocf ii'^ 1779 setting forth that Col° WiUiam Williams* was illegally chosen a Repre-

I. For biographical sketch of Col. William Williams see Governor and Council, Vol. pp. 111-112,

Saturday, October i6, 1779 77

sentative for said Wilmington was Read, and on motion made whether Col° William Williams be a legal member of this House, Resolved in the Affirmative.

This Assembly having taken into consideration the memorial of his Excellency Thomas Chittenden Esq'' requesting that Edward Veal [Vail] might be authorised to execute a deed of a certain tract of land in Danby &:c. Do hereby Resolve that the said Edward Veal [Vail] be and is hereby authorized to make and execute to the said Thomas Chittenden Esq'' his Heirs &c. a good and sufficient deed of bargain and sale agreeable to the ccnvenant made and verbally ratifyed by and between the said Micah Veal [Vail] deceased and the said Thomas Chittenden Esq"^ as in the memorial which deed when then executed shall be received in any court of record as sufficient evidence to support the title to said land in favour of the said Thomas Chittenden Esq'' his heirs &c.

Resolved that a Committee of three be appointed to join a Committee from the Council to prepare an answer' to the speech of his Excellency Thomas Chittenden Esq'' delivered to this House this day — Members chosen M' [John] Fassett, M'' [Reuben] Jones, and M'' N. Clark.

Resolved that a Committee of two be appointed to wait on the Reverend A^P Benajah Root to return him the thanks of this House for his sermon preached yesterday at the opening of this Session. Mem- bers chosen AP [William] Roberts and M"" J. Smith.

Resolved that there be a Board of War chosen to consist of nine persons five of whom to be a quorum to conduct the political affairs of this present War in the northern department in this State the ensuing year.

Resolved that a Committee of three be chosen to prepare regulations for this House the ensuing year. Members chosen M'' S. Robinson, M^ A. Robinson, and M^ [Joshua] Webb.

Captain Asa Douglass requested that the petition he presented to this House might be withdrawn whereupon Resolved in the affirmative.

Assembly adjourned til tomorrow morning eight oclock.

SATURDAY October 16' »- 1779

Assembly met according to adjournment.

Resolved that the Committee appointed to return the thanks of this House to the Reverend M'^ Root be directed to desire a copy of his ser- mon preached before this house on the 14"" inst. With a marginal note

I. In the early history of this State it was customary for a formal reply to be made by the Legislature to the Governor's speech at the opening of the legislative session. At this time it was also the custom for Congress to make formal response to the President's annual message. See Governor and Council, Vol. 2, pp. 5-6 for the text of Governor Chittenden's speech.

78 Assembly Journal

inserted in said Sermon giving the reasons for inserting a certain clause respecting taxing Ministers of the Gospel &c.

Resolved that a Committee of four be appointed to join a Committee from the Council to form the outlines of the plan to be persued by this State for defence, against the neighbouring States' in consequence of the late Acts of Congress for that purpose — Committee chosen Gen' E. Allen M"" [Reuben] Jones M^ N. Clark and M^ [John] Fassett.

Resolved that the Resolution passed this House yesterday respecting the petition of the freemen of Wilmington be reconsidered, and after long debate Resolved that a Committee of three be appointed to repair to Wilmington to enquire into the disturbances respecting the choosing Col° William Williams a Representative for said Town, and report there- on to the next Session of Assembly*, and Col° Williams to keep his seat til the Committee make report — Members chosen M'' [Hubbel] Wells, M"' [Jonathan] Underwood, and M'' [Silas] Hamilton.

The Committee appointed to prepare Regulations for this House brought in the following Report viz, "That any Member who shall be absent at roll call shall not take his seat without first satisfying the House for such neglect.

That any Member who shall be absent more than fifteen minutes at a time after roll call without leave of the House shall be treated in like manner.

That no member shall speak without leave of the speaker.

That no member shall speak more than twice (without leave of the House) to any case.

That each member keep his seat only when speaking.

That each member who shall withdraw from the Assembly refusing or neglecting to act therewith without first obtaining leave of the House shall be expelled from this Assembly. That any member or spectator refusing to obey the orders of the speaker agreeable to said rules shall be expelled the House, that the doors of the house shall be open to any spectators who shall behave themselves orderly, except when the good of the state shall require the doors to be shut, that the speaker of the House shall immediately put every motion to vote that is seconded unless immediately objected to.

That the officers of the House shall punctually attend at the time of adjournment on penalty of being reduced to private members."

On motion made Resolved that the aforesaid Report be accepted.

1. At this time Vermont was surrounded by hostile neighbors. Congress had adopted resolutions recommending that Massachusetts, New Hampshire and New York pass laws authorizing that body to settle disputes concerning the boundaries in the New Hampshire Grants and declaring that no lands in the disputed territory ought to be granted or sold until a settlement was reached. See Governor and Council, Vol. 2, pp. 167-192, for documents relating to this subject.

2. The Committee reported that Colonel Williams was entitled to retain his seat.

Monday, October i8, 1779 79

A Petition from sundry inliabitants from Pownall relating to the choice and character of M"" Benjamin Gardiner a Representative for said Town was read after some debate Resolved that the further consideration &c. of said petition be refered til tuesday next in the afternoon.

On motion made by M"" [Ithamer] Hibbard Resolved that he have leave of absence til tuesday next.

A Petition signed Benjamin Dorchester was read Resolved that it be refered to a Committee of three to join a Committee from the Council, and report as soon as may be — Members chosen M"" [Hubbel] Wells, M"" A. Robinson and M^ [Joshua] Webb.

A Petition signed W"" Fitch, Lemuel Clark, Joel Harmon as a Com- mittee of Pollet [Pawlet] was read after some debate Resolved that said petition be refered to the next Session of Assembly.

On motion made Resolved that the further consideration of the petition &c. of the Town of Pownall relating to M*^ Benj ^ Gardiner be refered until the next Session of Assembly

Assembly adjourned until monday next two oclock in the afternoon.

MONDAY October 18' ^ 1779

Assembly met according to adjournment.

The Committee to whom the petition signed Benjamin Dorchester was refered brought in the following report, viz' "It is our opinion that the said Dorchester has not by any thing that appears to us conveyed his property in the rights of land mentioned in said Dorchesters petition to said Simon Stephens and that the said Stephens has no legal title to said lands by virtue of the deeds delivered to said Stephens by said Dorchester and that said Dorchester has as good right to enter into the possession of said lands as tho he had never delivered said deeds to said Stephens."

On motion made Resolved that the above Report be accepted.

An Act constituting the superiour Court and County Court within their respective Counties, Courts of equity and declaring their power — being read ordered to ly on the table —

A Petition signed Ethan Allen, Ira Allen being read Resolved that it be refered until tomorrow morning.

Assembly adjourned till tomorrow morning eight oclock.

TUESDAY October 19^^ j^^^

Assembly met according to adjournment.

Voted and Resolved that Joseph Fay^ Esq"' be and is hereby ap- pointed Secretary of this State for the year ensuing.

I. For bigraphical sketch of Joseph Fay, see Governor and Council, Vol. i, pp. 122- 123.

8o Assembly Journal

Resolved that a Committee of three to join a Committee from the Council be appointed to prepare an Act for the office and duty of Secre- tary— Members chosen M'' [John] Fassett, AP [Matthew] Lyon and M^ A. Robinson.

Upon request of Stephen R. Bradley Esq"^ Resolved that the petition signed Ethan Allen and Ira Allen be refered to the Superiour Court.

Resolved that a Committee of three to join a Committee from the Council be appointed to nominate eighteen persons nine of whom to be chosen by this Assembly for a board of War and Report the names of those nominated to this Assembly — Members chosen — M"" [John] Fassett, M^ I. Clark and M-" [Edward] Aikin.

Resolved that M"" N. Clark be speaker pro Temp

The Report of M^ [Thomas] Chandler, M^ [Joshua] Webb and M"- [Edward] Aikin a Committee appointed by the last Session of Assembly to take into consideration the circumstances of M'^^ Rogers wife of Col** James Rogers late of Kent, brought in their report which being read, and after a long debate Resolved that said report be not accepted.

Assembly adjourned until three oclock afternoon.

Assembly met according to adjournment.

Resolved that the Court of Confiscation be requested to inform this Assembly whether they have impowered Major Chandler to sell lands that have New York title only, or what his instructions are in his com- mission relative to the sale of lands.

Resolved that there be a Committee appointed to deliver the afore- said message to the said Court of Confiscation — Members Chosen M"" [John] Fassett, M^ [Matthew] Lyon and M"^ L Clark.

The Committee appointed to deliver the aforesaid Message to the Court of Confiscation, returned with the following report viz.

"/?z Council iQ^^ Oct' xyyg

This Council having considered the request of the Assembly relative to Major [Thomas] Chandler, and have no remembrance of authorizing him to sell the New York title by virtue of his Commission.

p"^ Order Joseph Fay Sec^"

Resolved that it is the opinion of this House that the land in Kent [Londonderry] attempted to be sold by Major Thomas Chandler formerly occupied by Col° James Rogers is not legally sold.

Resolved that a Committee of three to join a Committee from the Council be ordered to confer with Mess" McGregores concerning the support of M" Rogers wife of Col ° James Rogers late of Kent, and report thereon as soon as may be — Members chosen M"^ S. Robinson M"' [William] Williams and M' [Joshua] Webb.

Resolved that this Assembly join with the Governor and Council

Wednesday, October 20, 1779 81

in a Committee of the whole tomorrow morning to take into considera- tion several acts of the honorable the Congress of the 24'^ Sepf last relating to a settlement of all disputes between the States of New Hampshire Massachusetts — Bay and New York on the one part and the State of Vermont on the other —

An Act appointing Commissioners for the better regulating titles of land within this State and declaring their power — was read and ordered to ly on the table.

Assembly adjourned til tomorrow morning eight oclock.

WEDNESDAY October 20^" 1779

Assembly met according to adjournment.

A Petition signed Daniel Mack was read Resolved that a Committee of three to join a Committee from the Council be appointed to hear said petition and such other matters that said Mack shall lay before them relative to said petition — Members chosen M"^ J. Smith, M"^ I. Clark and M^ [Asa] Whitcomb.

The Assembly with the Council according to their Resolution of yesterday resolved into a Committee of the whole to take into considera- tion several Acts of the hon*^'^ the Congress of the 24'^ Sepf last re- lating to a settlement of all disputes between the States of New Hamp- shire, Massachusetts Bay and New York on the one part and the State of Vermont on the other &c.

The Committee of the whole being disolved the Speaker reasumed the chair and the House proceeded to business.

An act directing and regulating the choice of the Judges of the Superiour Court. Passed —

The Committee appointed to confer with A^ess""^ McGregores brought in their report which is as follows viz^ ^''Manchester Ocf^ 20^^ lyjQ To the General Assembly your Committee appointed to confer with Mess" McGregores, concerning the support of M""^ Rogers wife of Col° James Rogers who having lost the use of her limbs &cbeg leave to report as their opinion that M"'® Rogers with her children be allowed the farm she now lives on in Kent with the buildings and improvements which farm is to contain one hundred and fifty acres lying in a proper form with all the farming and household utensels she now hath, and that Mess" McGregores give bonds of indemnification with sufficient sureties within this State to secure the State from any cost that has or may arisse concerning the said Rogers's family.

Jeremiah Clark Chairman."

Resolved that the aforesaid Report be accepted and carried into execution.

The Committee appointed to nominate eighteen persons, brought in their report with the following persons nominated for that purpose, viz Thomas Chittenden Esq"", Ira Allen Esq"", Joseph Bowker Esq^

82 Assembly Journal

Joseph Bradley Esq"", Jonas Fay Esq"", Major Benjamin Wait, Capt. Ebenezer Allen, Benjamin Emmon [Emmons] Esq"", Col° Samuel Fletcher, Maj"" Ebene"" Wood, William Ward Esq'' Joseph Fay Esq"" Timothy Brownson Esq'' Joshua Webb Esq'^ Capt. [Edmund] Hodges Maj"^ [Joseph] Tyler, Sam' Robinson Esq"^ Jonathan Fassett Esq^

Resolved to choose by ballot nine persons for a Board of War, when the following persons were accordingly chosen viz' His Excellency Thomas Chittenden Esq"" Ira Allen Esq"" Joseph Bowker Esq"" Capt. Eben"" Allen, Joseph Bradley Esq"" Sam' Fletcher Esq"" Maj"^ Benj^ Wait Capt. Jonathan Fassett and Timothy Brownson EsQ^

Resolved that the above nine persons are and they are hereby ap- pointed a Board of War for the ensuing year.

Assembly adjourned until tomorrow morning eight oclock.

[THURSDAY October 21, 1779]

Assembly met according to adjournment.

The Council having joined the house they proceeded to choose Judges of the Superiour Court when the following persons were chosen by ballot viz' the honorable Moses Robinson' Esq'', John Shepherd- soN Esq'^ John Fassett Jun"^ Esq'^ John Throop Esq"^ and Paul Spooner Esq''.

His Excellency Thomas Chittenden Esq'^ requested leave to be excused serving in the Board of War — Resolved that he be excused and another chose in his room — Whereupon Samuel Robinson Esq"" was chose by ballot —

Resolved that there be two persons added to the Board of War- after some debate Reconsidered and Resolved that the aforsaid addition is unnecessary.

A Petition signed "John Weld proprietors Clerk "being read Resolved that said petition be dismised.

Resolved that a Committee of two to join a Committee from the Council be appointed to prepare the power and instructions to be given to the Board of War — Members chosen M'' Lyon and A'P Clark.

A Petition signed Ebenezer Allen and a number of his Associates was read and ordered to ly on the table.

(The Committee of the whole brought in the following report viz^ "Agreeable to the order of the day his excellency the Governor, the Council and House of Representatives, were resolved into a Committee of the whole, to take into consideration the letter of the 25 ult. from his excellency John Jay^ Esq'' late president of the Congress of the United States of America, enclosing certain acts of Congress, for an equitable

1. For biographical sketch of Moses Robinson, see Governor and Council, Vol. i, pp. 128-129.

2. For text of the letter of John Jay and comment thereon, see Governor and Council, Vol. 2, pp. 185-190.

Thursday, October 21, 1779 83

settlement of all differences subsisting between the States of New Hamp- shire, Massachusetts-Bay^ and New York on one part, and this State on the other; and after some time spent thereon the Governor resumed the chair, and the following Resolutions being read several times were agreed to viz'

Resolved unanimously, that it is the opinion of this Committee that this State ought to support their right to independence, at Congress, and to the World, in the character of a free and independent State.

Resolved that this Committee recommend it to the General Assembly to made Grants of all, or any part of the unappropriated lands within their Jurisdiction^, that does not interfere with any former Grants, as their wisdom may direct.

Extract from the Minutes

Joseph Fay Clerk"

On motion made, Resolved unanimously by this Assembly that they agree to the aforsaid Report).

Resolved that this Assembly in granting lands will have referance to the conveniency, quality, and situation of the lands, and that they will not take into consideration any petition for lands until a plan thereof be laid before this House by the Surveyor General or such plan or plans as have been previous to their being laid before the Assembly been properly approved by the Surveyor General and duly certified.

Assembly adjourned until 2 oclock afternoon.

Assembly met according to adjournment.

An impeachment signed Reuben Jones against Matthew Lyon was read. Resolved that he is not impeached —

On motion made Resolved that this Assembly will not act any more on the paper signed Reuben Jones (called an impeachment) against M"' Lyon at present.

1. In 1779 the Massachusetts General Court asserted that it had "a clear and in- disputable right" to the southern part of Vermont, but in 1780 it decided not to prosecute its claims further. E. P. Walton was of the opinion that the intervention of Massachusetts was made from friendly motives, the desire being to prevent the partition of Vermont between New York and New Hampshire. — Governor and Council, Vol. 2, appendix C, pp. 193-199.

2. This action was contrary to the resolution of Congress advising that no further grants be made until the land dispute had been settled. The granting of new townships by Vermont not only promoted the development of the State, but grants were made from time to time to persons in other States which strengthened their friendship for Vermont. In referring to these grants Ira Allen said: "Without money the frontiers could not be defended or the wheels of government kept in motion. In this situation the Legislature assumed that power which God and nature had blessed them with. They disposed of vacant lands for the preservation of the commonwealth. This judicious and determined procedure disheartened our enemies, encouraged and strengthened our friends, and the money answered to their immediate purposes of government." See Crockett's History of Vermont, Vol. 2, p. 425.

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A Petition signed John Payne and his Associates was read — and on the request of the petitioner was withdrawn.

Resolved that each petitioner pay thirty pounds for each petition that shall be preferred [referred] to this House requesting this Assembly to settle disputes of a private nature — and the said thirty pounds to be lodged in the Treasury for the benefit of this State.

The Committee appointed to take into consideration the petition of Daniel Mack brought in the following Report viz' "That it is our opinion that the said petition ought to be dismissed; at the same time nothing of a Resolution of the House passed the 20'^ inst. (Resolving that the sale of a certain farm lying in the town of Kent [Londonderry] said to be sold by Maj'' Thomas Chandler to said Mack was not legal) ought not in any wise to be construed to barr said Mack from re- covering his just damages in law from said Chandler.

Samuel Fletcher Chairman"

Resolved that the aforsaid Report be accepted.

Resolved that there be a Committee of two to join a Committee from the Council appointed to prepare a Bill of the office and duty of Sur- veyor General — Members chosen M"^ [Thomas] Rowley and M*^ A. Robinson.

Resolved, that an Agent be chosen to wait on the honorable the Council, and General Court, of the State of Massachusetts-Bay', to negociate the public business of this State.

Chose for the above purpose, by ballot Brigadier-General Ethan Allen —

Resolved that, an Agent be chosen to wait on the General Assemblies of the States of New Jersey, Pennsylvania, the lower Counties on the Delaware and Maryland, and to transmit to them the pamphlets in titled "a vindication of the inhabitants of Vermont to the Government of New- York &;c." and to transact any other business with either of the said Assemblies as may be found necessary (in behalf of this State) and report to this Assembly —

Chose for the above purpose the honorable Ira Allen^ Esq*"

Resolved that a Committee of three be appointed to prepare a Bill impowering the several towns that have not chosen Representatives to choose them &c. Members chosen M' Jones M^ A. Angel and M' [David] Galusha.

A petition signed William Crook was read Resolved that it be re- fered to a Committee of two to join a Committee from the Council, and report thereon as soon as may be — ^Members chosen M"^ S. Robinson and M' [Ithamer] Hibbard.

Assembly adjourned until tomorrow morning eight oclock.

1. See Governor arid Council, Vol. 2, pp. 193-I99'

2. See Governor and Council, Vol. 2, pp. 235-237.

Friday, October 22, 1779 85

FRIDAY October 22^^ 1779

Assembly met according to adjournment.

Resolved, that five persons be chosen by ballot, Agents in behalf of the freemen of this State, to appear at the Congress of the United States of America, on the first day of February next; and that they, or any three of them, are hereby fully authorized and empowered by the Representa- tives of the Freemen aforesaid, to vindicate their right to independence at that honourable Board.

And, furthermore, our said Agents, or any three of them, are hereby amply empowered to agree upon, and fully to settle Articles of Union and Confederation in behalf of this State, with the United States, which shall be binding on us, or our constituents and our successors, and our said Agents are hereby further empowered, to transact all other political affairs of this State at Congress, as a free and independent State, and report their proceedings herein to this Assembly as soon as may be.

Agents chosen — General Ethan Allen, the honorable Jonas Fay and Paul Spooner Esquires, Stephen R. Bradley Esq'' and the hon- orable Moses Robinson Esq"^

The Committee to whom was refered the petition of William Crook brought in their Report which being read. Resolved that this Assembly do in behalf of the freemen of this State release and forever quit claim unto William Crook of Westminster in the County of Cumberland and State of Vermont all right or title to a certain mill place in said West- minster containing about two acres lying in the eighth lott in the fifth range of said lot said mill place being forfeited to this State by Crean Brush^ to have and to hold the above described premises forever.

Resolved that there be a Committee of two to join a Committee from the Council be appointed to prepare a draught of a Proclamation for a General Thanksgiving &c. — Members chosen M"" [Hubbel] Wells and M'- S.Robinson.

An Act in addition to an Act entitled "An Act for the ascertaining town brands, and providing and Regulating branding and branders of horses." Passed —

The Committee appointed to prepare a Bill for the several towns that have not chosen representatives to choose the same brought in their Report, whereupon Resolved, That Whereas there are several inhabited Towns in this State that are not Represented in this Assembly agreeable to Constitution; Therefore Resolved that the Constable or Constables of each respective town in this State that are not fully repre- sented according to Constitution be and are hereby directed to warn all the freemen of their respective towns to meet together at some conven- ient time & place to be by them appointed within such town and make

I. Crean Brush was a notorious "Yorker" and Tory and particularly offensive to the Green Mountain Boys. His step-daughter became the second wife of Ethan Allen. For biographical sketch see Governor and Council, Vol. i, pp. 271-272.

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choice of a Representative or Representatives to attend this Assembly at their adjourned Session or Sessions.

An act appointing Commissioners for the better regulating titles of land within this State and declaring their power'. Passed —

Resolved that it is the opinion of this House that the Justices of the Peace now in office were chosen, and are to officiate for the time being: And that the time being is considered by this House to be until other Justices are appointed by regular County Elections appointed by this Assembly which are to be held as soon as the circumstances of this State will admit.

An act constituting the Superiour Court a Courtof Equity^; passed.

An Act impowering Abraham Ives, Nathaniel Smith, Timothy Barthlomew, Joel Matthews and Hazael Shepherd County Surveyors — Passed.

Assembly adjourned until two oclock afternoon.

Assembly met according to adjournment.

A petition signed Benjamin Hopkins, Jacob Safford and George Sexton as a Committee of Col° Warners Regiment was read — Resolved that it be refered to a Committee of three to join a Committee from the Council and report as soon as may be — Members chosen ^^[Ithamer] Hibbard, M-- 1. Clark, and M^ [William] Williams.

The Committee appointed to point out the office and duty of Sur- veyor General brought in the following report viz' "That it is the duty of Surveyor General to forma general map or maps of this State for the use of this State according to a resolve of the General Assembly at their Session in June last and that it be done at the cost of this State. And that the Surveyor General have authority to deputise one or more meet person or persons to be Surveyors under him to lay out lands, run lines and ascertain boundaries upon oath.

And that it shall be the duty of said Surveyor General to examine all surveys and plans that shall be made by any of his deputies, or any previous survey or plan that has been made by any approved surveyor in order to be exhibited to the General Assembly of this State in order to obtain grants of land within said State, and approve or disapprove of said survey as it may appear to said Surveyor General to comport with the true intent and meaning of the General Assembly in the resolve they past the 20''' of Ocf inst. viz' "that no petition to this Assembly for lands be considered in this Assembly unless a survey or plan of said land be first made by the Surveyor General. " And that when any orders sliall be given by the Governor and Council or General Assembly of this State relative to laying out any tract or parcel of land running or ascer- taining boundaries within said State.

1. See address of the first Council of Censors, Slade's Vermont State Papers, p. 537.

2. See Slade's Vermont State Papers, pp. 538-539.

3. See Index to the Papers of the Surveyor General, Vol. I, State Papers of Vermont.

Saturday, October 23, 1779 87

And that said Surveyor General shall execute said orders without unnecessary delay. "

Resolved that the aforesaid Report be accepted.

Resolved that the second and fifth regiments of militia within this State be divided into three regiments, and that a Committee of three be appointed to prepare a Bill for such division. Members chosen M'' S. Robinson AP [Matthew] Lyon and M-" N. Clark.

An act regulating the time and place for holding Superiour Court. Passed —

On motion made Resolved that a Committee of two to join a Com- mittee from the Council to affix the Sallary of the Governor for the pre- ceeding and ensuing years.

The Committee appointed to point out the office and duty of Secre- tary of State brought in their report which being read Resolved, that it is the duty of the Secretary of State to keep a regular office and register all the proceedings of the General Assembly of this State, Charters of incorporation. Grants of land made within this State, and to receive on file all petitions and remonstrances and grant copies thereof when thereto requested, taking therefor his lawful fees.

On motion made Resolved that a Committee of three be appointed to enquire into the Militia Act and see what alterations there is necessary to be made, and make the same, and report to this House — Members chosen M"- I. Clark, M^ [Gideon] Ormsby and M"- [Daniel] Cumstalk [Comstock].

Assembly adjourned until tomorrow morning eight oclock.

SATURDAY October 23 ^ 1779

Assembly met according to adjournment.

The Committee appointed to prepare a Bill for dividing the second and fifth Regiments into three Regiments brought in their report which being read. Resolved, by this Assembly that said Regiments be divided as follows viz' beglning at the northwest corner of Shaftsbury, thence easterly on the north line of the towns of Shaftsbury and Glastenbury to the County line thence northerly on the County line until it comes to the northeast corner of Harwich', thence westerly on the north line of Harwich [Mount Tabor] Danby and Pollet [Pawlet] until it comes to the northwest corner of said Pollet [Pawlet] thence southerly to the first mentioned bounds.

The Committee appointed to affix the Governors Sallary brought in the following report viz*^ "It is our opinion that his Excellency the Governor ought to be paid seven hundred pounds in addition to the three hundred pounds granted to him by the General Assembly in October last for the year past. And that his Excellency ought to have one

I. The name of Harwich was changed to Mount Tabor in 1803.

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hundred pounds the year ensuing as good as money was in the year 1774'."

Resolved that said Report be accepted.

A Petition signed Sam' Robinson, Moses Robinson and several others praying that a Court House and Goal [jail] may be built in Bennington Resolved that the prayer of said petition be granted under such restrictions and regulations as this House shall Judge necessary- — ■ and that a Committee of two to join a Committee from the Council be appointed to prepare a Bill for that purpose — Members chosen ^.I'' [John] Strong^ and M"" [Edward] Harris.

Resolved, that the Surveyor General be and he is hereby directed to advertise in the public papers for all Charters of lands that have been granted^ by either of the States of the Massachusetts Bay, New Hamp- shire or New York to be recorded in his office at the expence of this State.

Resolved that a Committee of four to join a Committee from the Council be appointed to take into consideration the various petitions for lands exhibited to this Assembly and to make report of such petitions as they shall Judge ought to be granted at this Session, and also the price for such lands so to be granted, and report as soon as may be — Members chosen M"" N. Clark, M'' [John] Smith, M-" [Matthew] Lyon and M^ A. Robinson.

A Petition signed John Payne* and Associates was read. Resolved that it be refered to a Committee of three to enquire into said petition — Members chosen M' [Andrew] Sphere [Speare], M"" [John] Smith and AP S. Robinson.

An Act appointing the freemen of the several towns that have not chose Representatives to chuse them, Passed —

M'' Ithamir Hibbard requested leave of absence until tuesday next — granted.

The Committee appointed to prepare the power and instructions

1. The depreciation in Continental currency