USA > Vermont > Records of the Council of Safety and Governor and Council of the State of Vermont, to which are prefixed the records of the General Conventions from July 1775 to December 1777, Vol. I > Part 1
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M. L.
GENEALOGY COLLECTION
ALLEN COUNTY PUBLIC LIBRARY 3 1833 01085 9178
Mure Chillenden. Gor
RECORDS
OF THE
COUNCIL OF SAFETY
AND
GOVERNOR AND COUNCIL
OF THE
STATE OF VERMONT,
TO WHICH ARE PREFIXED THE RECORDS OF THE
GENERAL CONVENTIONS
FROM JULY 1775 TO DECEMBER 1777.
VOLUME I.
EDITED AND PUBLISHED BY AUTHORITY OF THE STATE BY E. P. WALTON.
MONTPELIER : STEAM PRESS OF J. & J. M. POLAND. 1873.
CONTENTS OF VOLUME I.
1136371
I. AN ACT providing for the printing of the Journals of the Council of Safety and of the Governor and Council .... Commission to Hon. E. P. WALTON
II. ACKNOWLEDGMENTS AND EXPLANATIONS. vi
III. GENERAL CONVENTIONS in the New Hampshire Grants, for the independence, organization, and defense of the State of Vermont, July 1775 to December, 1777 .. Introduction .
Convention at Dorset, July 26, 1775.
at Dorset, Jan. 16, 1776. 11
6
at Dorset, July 24, 1776.
14
66 at Dorset, Sept. 25, 1776. .
26
at Westminster. Oct. 30. 1776 36
at Windsor, June 4, 1777. 52
66 at Windsor, July 2, 1777 62
66 at Windsor, Dec. 24, 1777 76
IV. THE FIRST CONSTITUTION of the State of Vermont. 81-103 Introduction. 83
Amendments of. 1786. 84
66 1793 to 1870. notes on. S5
The Preamble, notes on. 85
Origin of the Constitution and comparison with the Frame of Government of Pennsylvania granted by CHARLES THE SECOND to WILLIAM PENN 86-89
Copy of the first Constitution 90-103
V. COUNCIL OF SAFETY of the State of Vermont, July 8, 1777, to March 12, 1778
106-229
Introduction. 107-129
Powers of the Council. 108
Members of the Council 109-129
Proceedings of the Council 130-229
V
V
1-103
3
iv
CONTENTS.
VI. RECORD OF THE GOVERNOR AND COUNCIL,
March 12, 1778, to Aug. 23, 1779. 231-309 Introduction. 233-242
Record of Governor and Council. 243-309
The Governor and Council as a Board of War 294-309
VII. APPENDIX 311-525
APPENDIX A, No. 1, Poceedings of the Congress and Com- mittee of Safety for Cumberland County, June 1774 to September 1777 313-370
APPENDIX A,No. 2, Gloucester County Committee of Safety, 371-375 APPENDIX B, Some Miscellaneous Remarks, and Short Arguments, on a Small Pamphlet, dated in the Conven- tion of the Representatives of the State of New York, October 2, 1776, and sent from said Convention to the County of Cumberland, and some Reasons given, why the District of the New Hampshire Grants had best be a State. By IRA ALLEN. Hartford, [Conn., ] printed by Ebenezer Watson, near the Great Bridge, M.DCCLXXVII. 376-389 APPENDIX C. Manifesto prepared and published by order of the Westminster Convention, October 30, 1776 ...... 390-393 APPENDIX D, Dr. THOMAS YOUNG to the Inhabitants of Vermont, 1777 394-399
APPENDIX E, Remarks on Article three of the Declaration of Rights, by Hon. DANIEL CHIPMAN 400-402
APPENDIX F, The Name " VERMONT " 403-404
APPENDIX G, First Union of New Hampshire towns with Vermont, in 1778-9. 405-441
APPENDIX H, Proclamation of pardon issued by Gov. CHITTENDEN, June 3, 1779. 442-443
APPENDIX I, A Vindication of the Opposition of the In- habitants of Vermont to the Government of New York, and of their right to form an independent State. Hun- bly submitted to the impartial World. By ETHAN ALLEN. Printed by Alden Spooner, 1779, printer to the State of Vermont .. 444-517
APPENDIX J, Documents on the enforcement of the au- thority of Vermont in Cumberland County in May 1779, 518-525
VIII. ADDITIONS AND CORRECTIONS. 526
AN ACT PROVIDING FOR THE PRINTING OF THE JOUR- NALS OF THE COUNCIL OF SAFETY AND OF THE GOVERNOR AND COUNCIL.
SEC. 1. The governor of the state is hereby authorized to appoint some suitable person or persons, and to contract with him or them to edit and publish the journals of the council of safety and the early jour- nals of the governor and council to such extent as the governor shall judge necessary to preserve the history of the state.
SEC. 2. Such person or persons so appointed are also authorized to publish, in the form of an appendix to such records, any cotemporary public documents that may be necessary to explain such records.
SEC. 3. Such records shall not be printed faster than one volume of convenient size each year.
SEC. 4. There shall be printed one thousand copies of each volume of said publication, and two hundred copies be given to the Vermont Historical Society, two hundred copies to the state library, and six hun- dred shall be deposited with the state librarian for sale on such terms as the governor shall prescribe.
SEC. 5. The expenses and accounts for editing and printing said rec- ords shall be approved by the governor before they shall be audited by the state auditor.
Approved, November 15, A. D. 1872.
COMMISSION.
UNDER and by virtue of the authority of the Act of the General As- sembly of the State of Vermont, approved November 15th, A. D. 1872, I hereby appoint and empower the Hon. E. P. WALTON of Montpelier, in said State of Vermont, to prepare and publish two volumes of con- venient size, (octavo,) and in good style, of the Journals of the Council of Safety and of the Governor and Council of this State, with such addi- tional matter as may be deemed necessary and proper by notes and appendix ; and I do hereby commend him to the favor of all National and State authorities, Historical Societies and Librarians, and gentle- men having materials useful for the proposed work, assuring them that the courtesy rendered to him as the agent of the State will be deemed a courtesy to the State.
L. S. Given under my hand and the seal of the State, at Woodstock, this thirteenth day of January, A. D. 1873.
JULIUS CONVERSE.
By the Governor:
J. D. DENISON,
Secretary of Civil and Military Affairs.
ACKNOWLEDGMENTS AND EXPLANATIONS.
To His Excellency, JULIUS CONVERSE :
IN issuing the first volume of the records of the Council of Safety and Governor and Council of Vermont, justice to others requires me first to acknowledge your own zeal in aiding the work by giving me am- ple powers and prompt responses to my requests for advice ; and next to acknowledge the valuable materials gleaned from the labors of others in the field of Vermont history ; to wit : to Hon. HILAND HALL, for suggestions and criticisms, and for the aid derived from his Early His- tory of Vermont; to B. H. HALL. author of the History of Eastern Ver- mont ; to Miss ABBY MARIA HEMENWAY, for very numerous items of personal history in the Vermont Historical Magazine ; to the Histories of Vermont, &e., by IRA ALLEN, Dr. JOHN A. GRAHAM, Dr. SAMUEL WILLIAMS, and Rev. ZADOCK THOMPSON ; to Dr. JEREMY BELKNAP'S History of New Hampshire ; to Hon. WILLIAM SLADE'S State Papers ; to the Documentary History of New York; to the two volumes of Collec- tions of the VERMONT HISTORICAL SOCIETY ; to Hon. DANIEL CHIP- MAN'S Memoir of Governor Thomas Chittenden, &c .; to Hon. WM. M. PINGRY, of Perkinsville, for the Pingry Papers ; to Hon. JAMES HI. PHELPS, of West Townshend, for new and valuable additions to the record of the General Conventions, &c. ; to HENRY S. DANA, Esq., of Woodstock, for papers contributed, and for criticisms ; to Hon. SAMUEL SWIFT, for the History of Addison County ; and to the town histories of Bennington by Rev. ISAAC JENNINGS, Fair Haven by ANDREW N. ADAMS, Pittsford by Dr. A. M. CAVERLY, Salisbury by JOHN M. WEEKS, and Shoreham, by Rev. JOSIAH F. GOODIIUE. Many other town histo- ries, contained in Miss HEMENWAY's Historical Magazine, have been used and are cited in the notes.
Special acknowledgments are due to Hon. DAVID READ of Burling- ton, and Hon. LUCIUS E. CHITTENDEN of New York city, for their labors in securing the portrait of Gov. Thomas Chittenden ; and to Hon. ROSWELL MARSH of Steubenville, Ohio, for the portrait of Lieut. Gov. Joseph Marsh.
And finally it is due to the people of Vermont that I should declare, that no portraits of Chittenden and Marsh were ever painted in their lifetime, and that the engraved portraits in this volume have been con- structed from descriptions of the person, dress, and character of these
vii
ACKNOWLEDGMENTS AND EXPLANATIONS.
noble Vermonters by gentlemen who knew them, and from the por- traits of such descendants as were known most closely to resemble their distinguished progenitors. The portraits used for the engraving of Gov. Thomas Chittenden were those of THOMAS and ELI CHITTEN- DEN, sons of Noah, and grandsons of Gov. Thomas Chittenden. These, with personal descriptions by Gov. MARTIN CHITTENDEN and others, were committed to the charge of Hon. LUCIUS E. CHITTENDEN, and the drawing and engraving have been done under his inspection by an artist of the highest reputation, H. B. HALL, of Morrisania, N. Y. The portraits used in constructing the engraved portrait of Lieut. Gov. Joseph Marsh were those of the late CHARLES, of Woodstock, brother of Hon. GEORGE P. MARSH, and of the Hon. ROSWELL MARSH of Steu- benville, Ohio. The description used of Lt. Gov. Joseph Marsh's per- son, dress, and character, were by Hon. ROSWELL MARSH. The important question is as to the value of these engravings as portraits. As to the Chittenden it is to be observed, first, that the Chittenden race is so strongly and peculiarly marked that the form of person and head, and some of the features of the face, are recognized even in very distant connections-as, for one instance, in the late Senator CRITTENDEN of Kentucky, who was of the Chittenden race, and so strongly resembled them that the Hon. Lucius E. Chitteuden once mistook the Senator for his father. I knew the Senator well, and also recognized his strong re- semblance to the father of Lucius. But again, it is remarkable that the peculiarity of a defect in one of Gov. Thomas Chittenden's eyes is dis- tinctly marked by a cast in one eye of each of his descendants whose portraits have been used. Finally, writing as to the value of the Chit- tenden as a portrait, Hon. Lucius E. Chittenden declared that "it is perfectly satisfactory." The autograph was selected from several in the state archives, as the best written in his last years. As to the value of the engraved portrait of Lieut. Gov. Marsh, no person liviug, other than Hon. ROSWELL MARSH, is competent to give an opinion. He was the grandson of the Lieutenant Governor, lived with him until he was eigh- teen years of age, and still remembers well his person and character. A copy of the drawing by H. B. HALL was transmitted to Hon. ROSWELL MARSH for criticism, and he replied as follows :
STEUBENVILLE, [Ohio,] July 23, 1873. Hon. E. P. WALTON :
Dear Sir,-Your favor of the 18th covering a photograph from a constructed portrait of my revered ancestor came to hand yesterday. I had formed erroneous anticipations in one respect : I expected to see a face with the lines of age such as memory painted him. That would have been out of place and time .* Had his portrait been painted by a
* The editor regarded the portrait of Charles, brother of George P., as being taken when he was too young, and of Roswell as being taken when he was too old, to represent Lieut. Governor Joseph, and therefore advised the artist to attempt to strike a medium as to the features of age.
viii
ACKNOWLEDGMENTS AND EXPLANATIONS.
skillful artist at fifty, I can well believe the difference between that and this would be little more than the fading which time makes upon a fresh painting. You invite me to criticise. I know of but one man living except myself who knew him [Lieut. Gov. Marsh] familiarly-LEVI DEMMON, a neighbor, now ninety-four years of age. He is, I am told, a second child, does not know his house nor children. I am no critic, and dare not touch it. My advice is, let well enough alone. I agree with you. The light of intelligence and benevolence shines in every feature and is truly appropriate. An earnest Christian without bigotry, he was just the man to rebuke his brother deacon, a cold-blooded Puritan, for absurd inconsistency because while declaiming violently against the wickedness of young people going to dancing-school, he diligently kept time with his foot to a three-stringed fiddle worked by an old negro in the kitchen for the amusement of the children.
I am very respectfully, ROSWELL MARSH.
The autograph of Lieut. Gov. Marsh, selected for the engraver, was from a carefully written petition dated in 1778, the year in which he be- came lieutenant governor.
I have hoped to give in this volume, prefixed to the " Vindication," an engraving from what purports to be a portrait of ETHAN ALLEN, by John Trumbull. It has been deemed best, however, to await the result of an investigation, undertaken by Hon. Lucius E. Chittenden, as to the verity of this portrait.
I now submit the first volume with a request that the work may be thoroughly criticised, and that I may be notified of any error, either in my own work or in that of others copied in the volume, to the end that the early history of the State may be made as accurate and complete as it is possible to make it.
I am respectfully your Excellency's and the State's
Obedient Servant,
E. P. WALTON.
Montpelier, Sept. 1, 1873.
GENERAL CONVENTIONS IN THIE
NEW HAMPSHIRE GRANTS,
FOR THE
INDEPENDENCE, ORGANIZATION, AND DEFENSE
OF THE
STATE OF VERMONT.
JULY 1775-DECEMBER 1777.
GENERAL CONVENTIONS
FROM
JULY 26, 1775, TO DEC. 24, 1777.
FROM the first settlement and organization of the towns in the New Hampshire Grants, each had by its charter the right of self-government in March meeting, by the election of town officers and ordering town affairs. This power was vested in " the inhabitants " by the New Hamp- shire charters.1 When, in June 1770, the New York court repudiated these charters, and the towns west of the Green Mountains had resolved " to support their rights and property under the New Hampshire grants, against the usurpation and unjust claims of the governor and council of New York, by force, as law and justice were denied them," these towns appointed Town Committees of Safety, " whose business it was to attend to their defense and security against the New York claimants. These Committees afterwards met. from time to time as occasion seemed to demand, in general convention to consult upon and adopt measures for their common protection."" But to meet new exigencies of the people- for bearing their part in the war of the revolution, defending their fron- tiers, raising and officering troops, and also for prosecuting their claims to independence in Congress by correspondence and agents-GENERAL CONVENTIONS of a still higher grade were constituted, the first of which met on the 16th of January, 1776.3 This was called by a " warrant," issued Dec. 10, 1775, by a committee apparently appointed for the pur-
1 Zadock Thompson's Vermont, part I, p. 224.
2 Hiland Hall, in Vermont Historical Society Collections, vol. I, pp. 4, 5. Town Committees of Safety were appointed in Cumberland and Glouces- ter [Windham, Windsor, and Orange] counties in 1774 and 1775, and these, when niet together in each county, constituted the County Com- mittee of Safety .- See Appendix A.
3 The first convention, whose record is inserted in this volume, con- sisted of " Town Committees," and not of delegates specially and formally elected by the towns.
4
General Conventions.
pose, (when and by what authority does not appear,) which warned the inhabitants on the New Hampshire grants "to meet together by their Delegates from each town," at the time and place and for the several pur- poses specifically named. In June, 1776, the inhabitants on the west side of the Green Mountains were again " warned " in like manner, and those on the east side, within the nominal jurisdiction of New York, were " desired," to " meet by their several delegates in General Conven- tion ;" and from that period the eastern towns began to appear by dele- gates. In January 1777, a Convention assumed jurisdiction of the whole territory, and declared it to be " a separate, free and independent jurisdiction or state." These Conventions were formally warned, either by a committee appointed for the purpose, or by a resolution of a pre- ceding Convention, or sat on their own adjournments ; the delegates were appointed by the inhabitants of the several towns ; and the re- solves made in Convention were executed by committees or agents thereto appointed. This simple machinery stood instead of a formally constituted state government, and performed all the offices of such an one as far as was necessary and practicable. One body exercised what- ever of supreme legislative and executive power the occasion demanded; but that body was elected by the people, expressed their will, and was responsible to them. These Conventions established the State, ruled it for a brief period, and gave to it in due time a constitution. For these things their records deserve to stand as the first chapter in the govern- mental history of the state.
March 14-16, 1775, the power of the royal Provincial Congress of New York was thoroughly broken in eastern Vermont, by the arrest of its judicial officers at Westminster. April 11, 1775, a General Convention of committees on the east side of the Green Mountains denounced the Westminster massacre of March 13, and voted to renounce and resist the administration of the government of New York, till they could ap- peal " to the royal wisdom and clemency, and till such time as his Maj- esty shall settle this controversy."1 This was the last expression of loyalty to the king by any representative body in the state. The news of the collision at Lexington fired the hearts of a majority of the peo- ple, and on the 10th of May the first heavy blows upon British military power in America were struck by Allen and Warner at Ticonderoga and Crown Point. In consideration of these services, the Continental Con- gress voted, June 23, 1775, to pay "the men who had been employed in the taking and garrisoning of Crown Point and Ticonderoga ;" and " recommended to the Convention of New York that they, consulting with Gen. Schuyler, employ in the army to be raised for the defense of America, those called Green Mountain Boys, under such officers as the said Green Mountain Boys shall choose." A copy of these resolutions was given to Allen and Warner. With these, and an official letter from
1 See Appendix, A., No. 1.
5
General Conventions.
the President of Congress, John Hancock, to the Convention of New York, they repaired to that body. On the 4th of July, Allen and War- ner were admitted to the Convention, and that body ordered, that in consequence of a recommendation from the Continental Congress, "an independent body" of troops not exceeding five hundred men, officers included, be forthwith raised, of those called Green Mountain Boys ; that they eleet all their own officers ; that Maj. Gen. Sclmyler1 be re- quested to forward this order," &c." From this action sprang the Gen- eral Convention which the editor regards as the first in the record of the government of the State of Vermont. It was indeed a Convention of Town Committees, with the approval of the only government which New York then had, but it will be observed that it ignored the authority of New York, and expressly declared that its action was "in compli- ance with the orders of Congress," as well as the recommendation of an officer commissioned by Congress. It assumed to be independent of all other states, and its function was that of the other states, giving to the continental army such a contribution as was then most needed from every state-an efficient military force, which was at onee employed in an attack upon Canada.
1 Of the continental army, then recently appointed by Congress.
2 Hiland Hall's Early History of Vermont, pp. 208-212; E. Allen's Mss., pp. 151-157.
CONVENTION AT DORSET,
JULY 26, 1775.
[ From the Vermont Historical Society Collections, Vol. I.]
At a meeting of the committees of the several townships on the New Hampshire Grants, west of the range of the Green Mountains, convened at the House of Mr. Cephas Kent, innholder, in the township of Dorset, July 26, 1775, voted as follows, viz. :
1st. Chose Mr. Nathan Clark Chairman.
Qd. Chose John Fassett Clerk.
3d. The motion being made and seconded whether the convention shall prosecute [ proceed ] in choosing Field and other Officers, according to the Provincial Congress and Gen. Schuyler's directions, passed in the affirmative.
Then proceeded as follows :
4th. Chose Mr. Seth Warner Lieutenant Colonel for the regiment of Green Mountain Boys by a majority of forty-one to five.
5th. Chose Mr. Samuel Safford Major for said regiment by a majority of twenty-eight to seventeen.
Then proceeded and chose seven Captains and fourteen Lieutenants, by a great majority, viz. :
Captains. First Lieutenants. Second Lieutenants.
[1.] Weight[Wait]Hopkins. John Fassett, [Jr.] John Noble,
[2.] Oliver Potter, Ebenezer Allen, James Claghorn,
[3.] John Grant, Barnabas Barnum, John Chipman,
[4.] William Fitch.
David Galusha,
Nathan Smith,
[5.] Gideon Brownson, Jellis Blakeley, Philo Hard,
[6.] Micah Vail, Ira Allen, Jesse Sawyer,
[7.] Heman Allen,
Gideon Warren,
Joshua Stanton.
NATHAN CLARK, Chairman.1
'Ethan Allen was a self-nominated candidate against Warner, and was greatly mortified by his defeat. Ile charged it to "the old farmers," who did "not ineline to go to war :" claimed that he was a favorite with offi- cers in the army and with the young Green Mountain Boys, and relied upon the Continental Congress to give him a commission. Allen was then in his fortieth year, Warner in his thirty-third ; the selection of the younger of the two heroes was remarkable .- See Early History, pp. 212, 213. Lt. Col. Warner and Major Safford were citizens of Bennington,
7
Convention at Dorset, July 26, 1775.
A copy of the above was sent to Gen. Schuyler with a letter as fol- lows :
and were each promoted one grade in the continental regiment of 1776. The officers of the first company were also Bennington men. Wait Hopkins afterward became Major, and John Fassett, jr., a prominent man in the state government.
The second company was probably from Poultney and Tinmouth. Ebenezer Allen resided in Poultney at the time of his appointment, but removed soon after to Tinmouth, which he represented in several Con- ventions, beginning in January, 1776. Ebenezer and Ethan Allen's families were descendants of two brothers, Matthew and Samuel, who came to New England in 1632 .- See It. Hist. Mag., vol. I, p. 607. Eben- ezer was Major of the Rangers and a brave and successful officer .- See Early History, p. 452. Feb. 17, 1777. Tinmouth " voted not to raise money towards Seth Warner's regiment." Having furnished a portion of the men for continental service, it is presumed the town was of opinion that Congress should pay them. Lieut. Claghorn will be found herein- after as Lt. Col. of Vermont militia.
The third company was probably from Addison, Monkton, Middlebury, and the vicinity. Lieut. Barnum was the first settler of Monkton, and was killed in defending the block-house at Shelburne, March 12, 1778 .- See It. Hist. Mag., vol. I, pp. 65, 860, 878. John Chipman cleared the first land in Middlebury. He was in active military service for most of the time from the spring of 1775 till he was taken prisoner at Fort George in Oct. 1780. He took part in the capture of Fort Ticonderoga, was at the taking of St. Johns and Montreal, and in the battles of Ilub- bardton, Bennington, and Saratoga. Chipman was "discharged at Montreal," and was in 1776 again commissioned in Capt. Smith's com- pany, Warner's regiment. He died in Middlebury in Aug. 1829 .- See Vt. Hist. Mag., vol. I, pp. 50-51, and Deming's Catalogue, 1851, p. 110. There are several references to " Capt. Grant," " Lt. Grant," and " Maj. Grant," but these are not identified as John Grant. One Captain de- clined service ; possibly it was Grant.
The fourth company was probably from Pawlet and Shaftsbury. Capt. Fitch represented Pawlet in most of the Conventions. David Galusha was of Shaftsbury. Nathan Smith was probably of Bridport until 1784, when he settled in Shoreham .- See Swift's Addison County, p. 87; and Vt. Hist. Mag., vol. I, p. 94. IIe was Captain in 1777, and appointed Major of the 5th regiment May 28, 1778. It is stated that " Major Na- than Smith " and Benjamin Vaughan first scaled the enemy's breast-work in Bennington battle; but this was some months before he received the title of " Major."-See Goodhue's Shoreham, p. 23.
The fifth company was probably from Sunderland and vicinity. Capt. Brownson of Sunderland served through the war, having been promoted to the rank of Major in the continental service, and afterward General in
8
General Conventions.
MAY IT PLEASE YOUR HONOR :- In compliance with the orders of Congress, as well as your recommendation, I enclose the proceedings of
the Vermont Militia. J. A. Graham said : Gen. Brownson "was a vio- lent politician in the late war ; and that as a proof of his valiant con- duct, he now [1797] carries in his body eighteen pieces of lead, which he received during that fatal contest."-Graham's Letters, p. 47. No notice can be found of Lieut. Blakeley. Lieut. Philo Hard, [probably of Ar- lington,] seems to have joined the enemy .- See order of the Governor and Council, March, 1778. Gen. Ebenezer Walbridge, of Bennington, was a Lieut. in Brownson's company in March, 1776, Adj't in the battle of Bennington, afterwards Col. of militia in service, and Brigadier General .- See Vt. Hist. Mag., vol. I, p. 172 ; and Early History, p. 473.
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