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Go 974.3 V58v 1770839
M. L.
REYNOLDS HISTORICAL GENEALOGY COLLECTION
ALLEN COUNTY PUBLIC LIBRARY 3 1833 01085 9251
VERMONT
-
STATE PAPERS;
BEING A COLLECTION OF
RECORDS AND DOCUMENTS,
CONNECTED WITH THE A UMPTION AND ESTABLISHMENT OF GOVERNMENT BY THE PEOPLE OF
VERMONT 8
TOGETHER WITH THE
Journal of the Council of Safety, THE FIRST CONSTITUTION ,
THE EARLY JOURNALS OF THE GENERAL ASSEMBLY,
AND THE
LAWS
FROM THE YEAR 1779 TO 1786, INCLUSIVE.
TO WHICH ARE ADDED THE PROCEEDINGS
OF THE FIRST AND SECOND COUNCILS OF CENSORS.
COMPILED AND PUBLISHED BY WILLIAM SLADE, JUN. SECRETARY OF STATE.
MIDDLEBURY : J. W. COPELAND, PRINTER. 1823.
THE NEWBERRY LIB ARY CHICAGO
Digitized by the Internet Archive in 2015
https://archive.org/details/vermontstatepape 1779verm
-
1770839
F 843 .933
Vermont.
Vermont state papers: being a collection of records and for- uments. connected with the assumption and establishment of government by the people of Vermont: together with the jour- nal of the Council of safety. the first constitution, the early journals of the General assembly. and the laws from the year 1779 to 1786, inclusive. To which are added the Proceedings of the first and second Councils of consors. Comp. and pub. by William Slade ... Middlebury. J. W. Copeland. printer. 1-20. xx. 0 :- 507. 1 2. 220
CHELF CARS
1. Vermont -- Hist .- To 1701 Sommes. 2. Now Hatonshire Freds. Vermont. Council of safety, 1777-1TT8. It. Vermont. General assembly. III. Vermont. Council of censors, 17 5-1756. 1. Vermont. . Coon il of censors. 1792. v. Vermont.
Constitution. vi. Vermont. tary of state. vir. Slade. Library of Congress - Copy 2.
1 -- 6 ...
Recat 3913
152.V4
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F 843.933
- DISTRICT OF VERMONT, To WIT.
L. S. B E IT REMEMBERED, that on the third day of February, in the forty-seventh year of the Independence of the United States of Ameri . ca, WILLIAM SLADE, Junior, of the said district, Esquire, hath deposited ia this office, the title of a book, the right whereof he claims as proprietor, in the words following, to wit :- "Vermont State Papers ; being a collection of records and documents counected with the assumption and establishment of government by the people of Vermont ; together with the journal of the Council of Safety, the first Consti- tution, the early journals of the General Assembly, and the laws from the year 1779, to 1786, inclusive To which are added the proceedings of the first and second Councils of Censors. Compiled and published by WILLIAM SLADE, Jun. Secretary of State." In conformity to the act of the Congress of the United States, entitled "an act for the en- couragement of learning, by securing the copies of maps, charts, and books, to the au- thors and proprietors of such copies, during the times therein mentioned."
JESSE GOVE, Clerk of the District of Vermont. A true copy of record, examined and sealed by .. J. GOVE, Clerk.
3913
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-
7. 11
CONTENTS.
Page.
Documents relating to the controversy with New-York and New- Hampshire, and the admission of Vermont into the Union, - Journal of the Council of Safety, 1
Extracts from the early journal of the Governor and Council, First Constitution,
Journal of the General Assembly,-March Session, 1778, - 257 268
June Session, 1778,
October Session, 1778,
Laws, passed Feb. session, 1779,
June-session,
Oct. session,
March session, 1780,
. ..
-
.. Oct. session,
398
-
..
.. April session,
-
..
..
..
Feb. session, 1782,
..
..
June session,
449
..
..
Oct. session, .. 456
4.67
..
.. Oct. session,
472
..
.. Feb. session, 1784,
483 491
..
..
June session, 1785,
497
..
.. Oct. session, .. 500
..
.. Oct. session, 1786, 504
Resolutions of the first Council of Censors, 511
. Constitution, as revised by the first Council of Censors, 516
Address of the first Council of Censors, to the freemen, 531
Proceedings of the second Council of Censors, - 545
Records of the Supreme Court,
549 556
Proclamation of pardon, June 1779,
Governor's speech, Oct. 1779,
558 560 562
Order of Court of Confiscation,
. Writ of seizin, issued by Court of Confiscation,
662
563
Ethan's Allen's complaint to Court of Confiscation, List of Governors of Vermont, from 1778 to 1822, 564
List of Judges of Supreme Court, from 1778 to 1822, 56
List of Senators in the Congress of the U. S. from 1791 to 1829, 566 List of Representatives to Congress, from 1791 to 1822, 560
Ancient inscription, 568
275 287 389 391 395 -
..
..
Feb. session, 1781,
..
..
June session, ..
Oct. session,
- 421 424 430 439 444
..
Feb. session, 1783,
..
Oct. session, ..
3 Commission of Confiscation,
- 197 237 241
8
L
INDEX
10 THE DOCUMENTS RELATING TO THE CONTROVERSY WITH NEW-YORK AND NEW HAMPSHIRE, AND THE ADMISSION OF VERMONT INTO THE UNION.
Page.
Correspondence between the Governors of New-Hampshire and New-York, relative to the jurisdiction of those provinces, com- mencing November, 1749,
10 List of grants made by the Governor of New-Hampshire, west of Connecticut river, previous to the year 1765,
13
Grant from Charles II to the Duke of York, by virtue of which the territory called the New-Hampshire grants, was originally claimed by the province of New-York,
16 Proclamation of the Governor of New-Hampshire, asserting the claim of that province to the grants, west of Connecticut river,
March, 1761, 17
Order of the King in Council, establishing the west bank of Con- necticut river as the boundary between the provinces of New- York and New-Hampshire, July, 1764, 19
Order of the King in Council, prohibiting the Governor of New- York from making grants of land in the disputed terri- tory, - July, 1767, 20
Continuance of grants by the Governor of New-York, and vio- leut proceedings, thereupon, -
21
Communication from the Governor of New-York to the inhabi- tants of Bennington and its vicinity, May, 1772, Answer of the inhabitants of Bennington, &c. to the foregoing communication, June, 1772, Communication of Ethan Allen, Seth Warner, Remember Baker and R. Cochran, to the Governor of New-York, June, 1772, Order of Governor of New-York, suspending prosecutions in be- half of the crown, against the inhabitants of the New-Ilamp- shire grants,
23
24
29,
Answer to the foregoing communication, - - Augt. 1772, Reportyof the Lords of trade to his Majesty's Privy Council, on the subject of this controversy, - Dec. 1772, Review of the controversy,-violent proceedings on the New- Hampshire grants,
3S
35
Violent proceedings of the General Assembly of New- York, .- - February, 1774, Meetings and resolutions of committees from sundry towns on the New-Hampshire grants, - -
37
- April, 1774, 38
-
22
Communication of the Governor of New-York to the inhabi- tants of Bennington and the adjacent country, relative to their dispossessing certain settlers in the vicinity of Otter Creek, claiming under grants from New-York, Augt. 1772, 2,9 30
INDEX.
Act of the Legislature of New-York, " for preventing tumultuous and riotous assemblies" on the New-Hampshire grants, " and for the more speedy and effectual punishing the rioters" passed, March, 1774, 42
Spirited remonstrance of Ethan Allen, Seth Warner and others,
49
. aguinst the proceedings of New - York, April, 1774, Proceedings in the county of Cumberland, and massacre at the Court House, in Westminster, March, 1775, Proceedings at a meeting of conunittees from sundry towns, on the east side of the mountains, held at Westminster, evincing their determination to resist the administration of New- York,
April, 1775, 60
Petition and remonstrance to the Continental Congress, of Repre- sentatives from the towns on the New Hampshire grants, a- gains the proceedings of New-York, praying for permission to do duty jat the continental service, independent of New- York, January, 1776, 61
Resolutions of Congress on the subject of the foregoing petition, Proceedings of the Convention which declared the independence of the New Hampshire grants, at their sessions at Dorset, Sept. 25, 1776, and Westminster, January 15, 1777, together with that declaration,
. 54
Declaration and petition of the inhabitants of the New-Hamp- shire grants, to the Continental Congress, announcing the dis- trict to be a free and independent State,
66
Letters from the President of the Convention of New-York, to the President of Congress, relative to the assumed indepen-
70
dence of Vermont, January and March, 1777, Address of Thomas Young of Philadelphia, to the inhabitants of Vermont, recommending the formation of a Constitution and the election of Delegates to Congress, April, 1777, 70
73
Resolution of the Continental Congress recommending the as- sumption and establishment of government in certain cases, 77 Letter from the President of the Council of Safety of New-York, to the President of Congress, relative to the proceedings of Vermont, May, 1777, 77
Resolutions of Congress, on the subject of the assumed indepen- dence of Vermont, June, 1777, 78 79
Constitution of Vermont formed, July, 1777, Correspondence between the Council of Safety of Vermont and the Governor of New-Hampshire, relative to the surrender of the fortress at Tyconderoga, and the exposed state of the frontier, July, 1777, 79
Address of the Council of Safety, to the people of Vermont. re- lative to the Constitution, February, 1778, Proclamation of the Governor of New-York, containing certain overtures to the inhabitants of Vermont, February, 1778, Answer of E. Allen to the foregoing proclamation, Augt. 1778, 85 Admission of sixteen towns, cast of Connecticut river, into union with Vermont, - June, 1/78, 90
5.5
vi
INDEX.
Communications of the President of New-Hampshire to the De- legates of that State in Congress, and to the Governor of Ver- mont, on the subject of the above union, Augt. 1778, Appointment of Ethan Allen to repair to Philadelphia to ascer- tain the views of Congress relative to Vermont ; and Inis report to the Legislature, Oct. 1778, 92
90
Important proceedings of the Legislature of Vermont relative to the union,
Oct. 1778, 94
Protest of sundry members of the Legislature against the above
proceedings, in which they renounce all political connection with the State, Oct. 1778, 100
Proceedings of a convention of Delegates from sundry towns in the vicinity of Connecticut river, at Cornish, - Dec. 1778, 102 Dissolution of the union with the sixteen towns, east of Connec- ticut river, February, 1779, 102
Application of sundry inhabitants in the vicinity of Connecticut river to the Legislature of New-Hampshire, proposing a union of Vermont with the State of New-Hampshire, March, 1779, Proceedings of the Legislature of New-Hampshire, on the above application,-claiming jurisdiction over the whole of Ver- mont, April and June, 1779, 105
104
Petition of sundry inhabitants of Cumberland (now Windham) county, to the Governor of New-York, praying for protection against the authority of Vermont, May, 1779, 106
Communication of the Governor of New-York to the President of Congress, soliciting the interposition of Congress, in quieting the disputes relative to the New-Hampshire grants, - . May, 1779, 108
Appointment by Congress, of a committee to repair to the New-
Hampshire grants for the purpose of effecting a settlement of the controversy, . June, 1779 1.08
Certain officers acting under the authority of New-York in the county of Cumberland, made prisoners, by a force'under Ethan Allen,
- - 109
Proceedings of Congress, thereupon, June, 1779, Resolutions of Congress, recommending to the States of New- York, New-Hampshire and Massachusetts to pass laws, refer- ing to the decision of Congress all controversies, relative to ju- risdiction over the ".New-Hampshire grants," and appointing a time for hearing the same, &c. Sept. 1779, Proceedings of the Legislature of Vermont on the subject of the foregoing resolutions, Oct. 1779, Communication of the Governor of Vermont to the President of the Council of Massachusetts, relative to the claim of that State, to part of the territory of Vermont, - Oct. 1779, 114
10g
110
113
Abstract of " an appeal to the candid and impartial world" by the Governor and Council of Vermont, - Dec. 1779, 116 Further proceedings of Congress relative to the proposed reference of the controversy to the arbitrament of that body, - - June, 1780, 117
vii
INDEX.
Interesting communication of the Governor of Vermont to the President of Congress, asserting the right of the State to inde- pendence, and protesting against the authority of Congress to arbitrate upon the controversy, July, 1780, 118
Congress proceed to a hearing of the controversy, and postpone · indefinitely, a decision thereon, Sept. 1780, Remonstrance of Ira Allen and Stephen R. Bradley, agents of 122 Vt. against the proceedings of Congress, - Sept. 1780, 124 Application to the Legislature of Vermont, from a convention holden at Charleston, for a union of the grants on both sides of Connecticut river, January 1781, 128 Proceedings of the Legislature of Vermont on the subject of the above application, which resulted in the assertion of a juris- dictional claim, indefinitely, east of Connecticut river, Feb. '81, 128 Negociation, and articles of union agreed upon, between the Le- gislature of Vermont, and the Convention holden at Cornish, by which the New-Hampshire grants, east of Connecticut ri- ver and west of the " Mason fine," were taken into union with Vermont, February 1781, 132
List of towns, east of Connecticut river, which acceded to the above union, - 137
Proceedings of the Legislature of Vermont relative to a union with a part of the State of New-York, including the articles of said union, and the names of members from certain towns in New-York, who thereupon took their seats in the Legislature of Vermont, May, 1781, 138
Reflections on the existing state of things, - 141
Important and interesting negociation with the enemy in Canada, 1781 and 1782, Appointment of Agents to repair to the American Congress, to negociate the admission of Vermont into the American union, - June 1781, 156
142
Resolutions of Congress appointing a committee to confer with the agents of Vermont, August 7th, 1781, 157
Conference between the Committee of Congress and the Agents of Vermont, - 158
Resolution of Congress, prescribing as a preliminary to the re- cognition of the independence of Vermont, the relinquishment of her claims of jurisdiction over New-Hampshire and part of New-York, August 20th, 1781. 159
Proceedings of the Legislature of Vermont, refusing to relinquish her extended claims of jurisdiction, Oct. 1781, 160 Proceedings of the Legislature of New-York, protesting against the foregoing resolutions of Congress of the 7th and 20th of August, Nov. 1781, 163
Correspondence between the Governor of Vermont and General Washington, relative to the situation of Vermont, Dec. 1781 and January 1782, 167
E
viii
INDEX.
-
Proceedings of the Legislature of Vermont, complying with the condition prescribed by Congress for her admission into the union, - February, 1782, Instructions to the Agents of Vermont, at Congress, Feb. 1782, 168 169 Proceedings of Congress, resulting in an indefinite postpone- . ment of the question arising from the application of Vermont for admission into the union, - April, 1782, 170
Communication from the Agents of Vermont to the President of Congress, - 172
Act of the Legislature of N. Y., " for pardoning certain offences committed in the northeastern part of the State," April 1782, Act of the Legislature of N. Y. , " for quieting the minds of the inhabitants in the northeastern part of the State," Ap. 1782, Violent proceedings in the southeastern part of Vermont, and in-
173
173
portant resolutions of Congress, thereupon, 1782, Spirited remonstrance of the Governor and Council of Vermont against said resolutions, addressed to the President of Con- gress, January, 1783, Remonstrance of the General Assembly of Vermont, on the same subject, -
178
February, 1783, Extract from Williams' history, embracing the period from the commencement of the year 1783 to the year 1791, when Ver- mont was admitted into the union,
185
Act of the Legislature of Vermont, appointing commissioners to negociate with commissioners of the State of New-York for the purpose of settling the line of jurisdiction between the two States, - Oct. 1789,
187
Act of the Legislature of Vermont, directing the payment of $30,000 to the State of New-York, and declaring the boun- dary line between the two States, &c. - - Oct. 1790, 193 Act of the Convention of Vermont, approving and ratifying the Constitution of the United States, including the names of the members of that Convention, January 10th, 1791, 194 Act of Congress, admitting the State of Vermont into the union, February 18th, 1791. 195
192
ERRATA.
l'ago 167, 2d line from bottom, for exhibits, read exhibit. 488, bottom line, for attentive, read authentic.
176
-
INDEX TO THE LAWS.
Page.
ABATEMENT and amendment of writs, judgments &c., act
concerning - 289
Adultery, acts for the punishment of 290-473
. Attornies, act for appointing and regulating - 330
Arson, how punished
355
Actions, civil, act directing and regulating 383
Authority not derived from Vermont, act prohibiting the exercise of 389
Atendance of members of Assembly, act to compel 446
Auditors and actions of account, act relating to 456
Acknowledgment of deeds, act providing for compelling 458
Actions civil, act in addition to an act regulating - 485
BOATS and canoes, taking without leave, prohibited 292 Briefs soliciting charitable contributions, circulation of prohibited 316
Blasphemy, how punished 355
Barratry and common barrators, act against
361
Bastards and bastardy, act concerning 364 -
Brands, town, fixed, and branding horses regulated 365
Burglary, how punished 366
Breaking the peace, act against
375
Bills of credit, act providing for emitting 424
Betterment act, 1781
-
442
Betterment act, 1785
500
Betterments, act authorising D. Marsh to file declaration for, in a certain case 499
COMMON LAW of England adopted
287-450
Constitution declared to be law
287-449
County lines established -
294
County surveyors, appointment and duty directed and regulated - 324
Constables directed in their office and duty
-
332
Counterfeiting bills of public credit, and emitting notes on private · credit, prohibited - 333
Conveyances, acts relative to authenticating 334-458 Costs in criminal prosecutions, in certain cases, by whom paid 356-423 Conveyances, fraudulent, prohibited 373 Currency regulated 398-503 -
Currency, scales of depreciation of, in other States, adopted for the settlement of debts contracted in those States 488
W
X
INDEX TO THE LAWS,
Confiscated estates, act appointing and empowering commissioners to sell - 406
Confiscated estates, act to provide for libelling 420
Connties of Windsor and Orange, bounds of extended east of Con- necticut river - 427
Court, Superior, established 298
act directing and regulating choice of 391
constituted a Court of equity 394
Courts, County, directed in their office and duty 428
Courts in Counties of Washington and Orange empowered to take cognizance of cases in Cheshire and Grafton Counties in New- Hampshire 427
Courts, several, act defining and limiting the powers of 450
Continental bills of credit, scale of depreciation of 429
Conspiracies against the State, act for punishment of 454
Collector of Manchester discharged from part of tax, on account of taking counterfeit bills which he could not swear back 462
Contracts, act to compel the fulfilment of, according to intent of parties 508
Coining copper, right of granted to Reuben Harmon 509
DRUNKENNESS, act for punishing -
331
Deer, act for preservation of 346
Delinquents, acts concerning 356-423
Dowry of widows, act concerning 360
Divorce, act regulating 364
Depositions (affidavits) act regulating the taking - 379
Defamation, act for punishment of 382
Disaffected persons, act for removing from the frontiers of the State Depreciation of continental bills of credit, scale of - 429
414
Depreciation of do. act to make up to Col. Warner's regt. &c. 437
Deed to Zacheus Malleroy, act empowering J. Strong to execute 436
Deed of certain premises vacated 449
Desertion, act for detecting and discouraging 437
Dartmouth College, act granting 2300 acres of land to trustees of 497
ELECTION of Governor, Council, &c. regulated 325
Elections, County, regulated 421
Election of members of Assembly, resolution relating to 434 -
Estates, testate and intestate, act for settlement of - 339
Executions, act regulating the levying and serving 362
act in addition to an act directing the levying, &c. 455
Execution, acts to stay in certain cases 445-489
Executions, in certain cases, act to regulate the satisfying - 495
Embargo laid on raw hides 382
- on provisions 396-432 Equity powers of Gov., Council and Gen. Assembly, terminated 505
FEES, acts regulating
316-390-391-398-462-477-503
xi
INDEX TO THE LAWS.
Fees, fines and penalties, payment and disposal of regulated - Fines, acts enhancing 390-391
319
Fines and premiums in the several laws, regulated and stated 402
Ferries and ferriages regulated 329
Forgery, how punished .
373
. Fraudulent conveyances prohibited
373
Fence, act directing what shall be deemed lawful 405 ·
Fences, division, act regulating 412
Fornication, act against 475
GAO'S and goalers, acts regulating 320-458
Gaol breaking. how punished 300 ·
Guardians, act relating to the appointment of 321
Gaming, act to prohibit 361 .
Grand Jurors, choice of, and duty , $68 ·
HIGHWAYS, act for laying and altering 328
act for making and repairing 329
act to prevent encroachments on 366
act 10 settle and establish 422
Heiresses, act to prevent the sale of the real estates of
368
Heirship of the estate of Col. Win. Syms, act directing
445
INCEST, acts for the punishment of 291-484
Impeding authority, how punished 300
Idiots, and impotent, distracted and idle persons, act for relieving and ordering 302
Impresses for public service, act regulating
321
Inimical conduct, act for the punishment of 413
Insolvency, act of, in favor of T. Chandler 497
JUSTICES of the peace, act directing in their office and duty 288
two or three empowered to try causes of £100 390
Justice Courts, act defining jurisdiction of, and regulating proceed- ings in 506
Jurors, grand and pettit, act regulating 351
Jurors, pettit, choice of regulated 357
Judgments, act directing in what money they shall be given 405
Judgments, acts nullifying in certain cases
499-500
LASCIVIOUS CARRIAGE, &c. act for punishment of 290
Listers, act directing in their office and duty 295 ·
Lands, common and undivided, act to prevent encroachments on 360 Lands, unappropriated, act to prevent unlawful settlement on . 395
Landed property, acts for quieting disputes respecting 42.1-500 Land, act confirming a right of, to R. Bloomer 455
Land titles (see titles of lands )
Limitation of criminal prosecutions in certain cases
·
1.369
Lying, act for punishment of
369
-
xii
INDEX TO THE LAWS.
Lotteries, act for preventing and suppressing 374 Laws of February session, 1779, declared temporary 388
Laws, acts reviving and continuing in force 467-496-504-510
391-397-421-439-444
Legislature constituted a Court of equity in certain cases 394
. Law-suits, act for preventing multiplicity of 423
Laws, act directing the form of passing 487
MARRIAGES, acts regulating 292-484
Militia, act forming and regulating .
305
articles, rules and regulations for the discipline of 415
act, making draft of, for campaign of 1782 .
446
Military officers, field and staff, act regulating choice of 397
Mills and millers, act regulating 321
Mayhem, how punished 355
Marking cattle, swine and sleep, ast directing 366
Manslaughter, act for the punishment of 374
Murder, act for punishment of 375
Ministers of the Gospel, act enabling towns to tax themselves for support of 472
Medical society, act incorporating 493
NUISANCES in highways, act to prevent 359
Night-walking, &c. act to prevent and punish 3 )
Notes, negociable, aet to enable assignees of to maintain action thereon 4:1
Notes, State, act directing Treasurer to issue 468
New trials granted 435-444-460-471 New-York, act restraining the privileges of the inhabitants of, in Vt. 475 New-York, act appointing commissioners to seize and sell lands of citizens of, by way of reprisal 491
New-York, (see union)
Negroes and mulattos, transportation of from State, prohibited . 505
OFFSETTS, allowed and regulated 423-457 Order assessing damages on account of laying a certain road, set aside and declared void 488 ·
POLYGAMY, acts for punishment of 290-473
Probate of wills and settlement of estates, act relating to ·
. 339
Perjury, acts for punishment of . 355-377
Pleas and pleadings regulated. 378
Poor, act for maintaining and supporting 378
Proclamation of Governor, requiring obedience to the laws 388
Provision tax for supply of troops, acts assessing, &c. . 407-440 - act exempting a certain town from payment of . Pardon, acts granting 467-470-490-494-495 438
Post offices, act establishing 489
xiii
INDEX TO THE LAWS.
QUAKERS' affirmation, act admitting
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