USA > Vermont > Early history of Vermont, Vol. I > Part 11
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22
.
163
OF VERMONT.
been some time absent from the State, be permit- ted to return thereto and enjoy the privileges of a freeman thereot, which request was granted for him and his family and effects, to return to the State "by his dispensing with such of his interest as has been disposed of by this State for its use, to atone for his past offences committed against this State." Willoughby had previously joined the enemy, but was captured and his property confis- cated.
Certain persons had been convicted by the Su- preme Court of conspiring and attempting an invasion and rebellion against the State and were banished from the State. The Assembly passed an act giving His Excellency the Governor, and the Honorable Council, power to pardon such as had become penitent, the Assembly setting forth that, "this Assembly being desirous at all times of showing merey when it can be done consistent with the public safety."
Postal arrangements in that early day in Ver- mont were meager and primitive. At a special session of the Council held at Bennington Nov. 26, 1783, it was resolved that Samuel Sherman be paid nine shillings per week out of the public treasury, for riding post, carrying and bringing the public intelligence to and from Albany, until the setting of the General Assembly in February next, and "he to be accountable for all the money he shall receive as postage on letters, which is to be deducted from the nine shillings per week." It was provided that postage would be under the same regulations as in the United States.
-----
-----
161
EARLY HISTORY
At a session of the Assembly and Council held at Bennington in February and March 1784, a bill was passed prescribing the mode in which the House and Governor and Council should enact laws for the State. One object of which was to make the two Houses coordinate in their powers of legislation as far as the Constitution would then permit.
The General Assembly, from time to time, by resolution, impeached justices of the peace and other State officers for wrong doing and mal-ad- ministration in office, and on trial before the Governor and Council convicted them, and sus- pended or removed them from office. On Feb. 24, 1784, the Council appointed a committee of two to join a committee from the General Assembly to consider and report upon the most effectual meas- ures for the securing and settling of all the small islands in Lake Champlain east of the deepest channel.
On Oct. 15, 1784, after His Excellency Thomas Chittenden and other State officers. and members of the Council had been declared elected for an- other term, Joseph Fay, the retiring secretary of the Council, caused to be published the following viz. :-
"TO THE PRINTERS OF THE 'VERMONT GAZETTE:'
GENTLEMEN: By inserting the following extract of an official letter received last evening, you will not only gratify the public by giving early knowl- edge of the choice of their rulers for the year ensu- ing, but sting the ears of our enemies with the unwelcome news of the uniformity of the people by
165
OF VERMONT.
continuing in office those gentlemen who have been the guardians and faithful servants of the public during a bloody war with Great Britain and the contest with the several neighboring States for eight years past. Such a steady firm- ness does honor to the people, and by a continu- ance, with due observance of good and whole- some laws, cannot fail to render this little republic happy, important, and the dread of her enemies."
The great results the Green Mountain Boys had accomplished in behalf of the New Hampshire Grants and the State of Vermont against obstacles seemingly overwhelming, shows what a few, but brave, persevering and determined people, ad- hering to principle and aiming at liberty and in- dependence, may accomplish.
The General Assembly, on October 29th, 1784, resolved that, "the treasurer be and is hereby di- rected to pay His Excellency, Thomas Chittenden, Esq., thirty-six shillings, L. Money, on the two penny tax for cash expended by him for distilled spirits for the use of the Militia on the day of general election." "And at the same date three agents, Hon. Ira Allen, Major Joseph Fay and Hon. Jonas Fay were appointed agents or com- missioners to transact the necessary business of opening a free trade to foreign powers through the Province of Quebec.
On June 7th, 1785, it was represented to the Council that Abijah Prince and his wife Lucy and family were greatly oppressed and injured by John and Ormas Noyce in the possession and enjoyment of a certain farm. The Council having taken the
:
166
.
EARLY HISTORY
matter into consideration and made due inquiry, were of the opinion that they were much injured, and unless some method was taken to protect them, they must fall upon the charity of the town, and resolved, that His Excellency be requested to write to the selectmen of the town of Guilford recommending to them to take some effectual measures to protect said Abijah, Lucy and family in the possession of said lands, till the dispute can be equitably settled.
The Council from time to time remitted fines that had been imposed by the courts. The Assem- bly passed acts, concurred in by the Council, to confirm persons in the quiet and peaceable posses- sion of their farms, and render all judgements re- specting the same, entered by any Court of law, null and void. On election day it was the custom to have an election sermon preached in the House of Representatives.
The General Assembly and Governor and Coun- cil, from time to time, on petition, granted farms, lying in Gores between chartered towns, to per- sons, and appointed committees to dispose of lands in such Gores to the inhabitants living there- in, and to others under proper regulations and re- strictions; the committees to be accountable for the avails.
As late as 1785, Addison County embraced all territory north of Rutland County, west of the mountain to the northern boundary of the State; and Orange County all territory north of the County of Windsor, east of the mountain, to the northern boundary of the State.
167
OF VERMONT.
On October 27, 1785, the Assembly concurred in an act directing what coin and money should be legal currency in the State, and on Feb. 20, 1787, an act was read and approved to ascertain the value of contracts made for Continental money or bills of credit of the United States. Lawful money or bills of credit, down to Sept. 1, 1777, were of the value of gold and silver, and said bills of credit had so far depreciated by Sept. 1, 1780, as fixed by said act, that seventy-two of them were worth but one dollar in gold or silver coin.
During the trying times through which Vermont passed, Isaac Tichenor was aprominent figure. He was born in Newark, N. J., and came to Ben- nington June 14, 1777, and was representative of that town in the Vermont Assembly from Oct. 1781, to Oct. 1785, and speaker in 1783; member of the Council from Oct. 1786, to Oct. 1792; judge of the Supreme Court five years from 1791, and chief justice two years ; and a member of the Coun- cil of Censors in 1792; and United States Senator in 1796-7, when he resigned to take the office of Governor; and again U. S. Senator from 1815 to 1821, in all seven years. He was Governor from 1797 to 1807, and 1808-9, in all eleven years. He was elected agent and delegate to the Conti- nental Congress in 1782 and 1783, 1787, 1788 and 1789; and in 1790, he was one of the commis- sioners of Vermont who settled the protracted controversy with New York. He was a man of good private character and talents, accomplished manners and insinuating address. It is said that his fascinating qualities acquired for him at an
1
:
168
EARLY HISTORY
early day the soubriquet of the "Jersey Sliek." He died Dec. 11, 1838, in his 85th year, and left no descendants.
Governor Chittenden had his attention called to an address of President Wheelock of Dartmouth College which address suggested to the State to squester to the use of the College, "a part of the public lands in the State, those only which were left to a society for the propagation of knowledge in foreign parts," in return for which the College promised to educate Vermonters free of tuition. The proposition was criticised as an attempt both to divert the glebe rights improperly, and to pre- vent the establishment of colleges in Vermont. On March 3d, 1787, the Assembly "resolved that the proposals of President Wheelock, made to this House in behalf of the trustees of Dartmouth Col- lege, are such that they cannot be accepted." A proposition for a college at Williamstown had been made by Hon. Elijah Paine and Cornelius Lynde; and subsequently another by Ira Allen, Governor Chittenden and others for a college at Burlington, which was accepted, and a charter was granted Nov. 3, 1791.
By an act passed Oct. 31, 17SG, neat cattle, wheat, rye and Indian corn, (beef, pork and sheep were afterwards added,) were made lawful tender on an execution by the debtor; that when proper- ty was taken on an execution that had been issued for more than one pound, after four days had elapsed, it was to be appraised off to the creditor at the sign post in the town where taken.
On Feb. 17, 1787, the petition of Lieut .- Col.
169
OF VERMONT.
Benjamin Randall and fifty-five others, inhabi- tants of Little Hoosack, in the State of New York, was presented, praying for compensation for the damages they sustained for their influence and zeal in adding the Western Union to this State. And thereupon the Assembly decided to grant to them a township six miles square as soon as va- cant land could be found.
Drunkenness, even in the early history of Ver- mont, was not regarded as altogether commen- dable, for on Feb. 19, 1787, it was enacted by the General Assembly, that, "any person found so drunk as to be deprived of the use of reason and understanding, or the use of their limbs, was sub- ject to a fine of six shillings for every offence, for the use of the poor ; and for non-payment of fine and costs, the offender was to be set in the stocks not exceeding three hours." And it was provided by another act, that each town was to provide a good pair of stocks with lock and key, and the stocks should be erected in the most public place in town.
It was enacted that the penalty for a person convicted of adultery was that, "He, she, or they shall be set upon the gallows, for the space of an hour, with a rope or ropes about his, her, or their neck or necks, and the other end cast over the gal- lows; and also shall be severely whipped on the naked body, not exceeding thirty-nine stripes, and shall from the expiration of twenty-four hours af- ter such conviction, during their abode in this State, wear a capital A of two inches long, and proportionable bigness, cut out in cloth of a con-
170
EARLY HISTORY
trary color to their clothes, and sewed upon their upper garment, on the outside of their arm, or on their back in open view." And the same penalty was prescribed for polygamy. The penalty for treason against the State was death. Cropping. or cutting off an ear and branding on a hot iron with the letter C was one of the penalties for counterfeiting.
On March 2, 1787, an act was passed giving subjects of the United States the same privileges as citizens of Vermont.
The first constitution had been established by legislative statutes in 1779, and 1782, so it was deemed prudent to establish the amended consti- tution in the same way, and it was read and con- curred in on March 2, 1787. The opinion pre- vailed, at that time, that the Legislature was sovereign, and no idea was entertained, said Daniel Chipman, "that an act of the Legislature however repugnant to the Constitution, could be adjudged void or set aside by the judiciary." The original and amended Constitution were both adopted by the representatives of the several towns in conventions, and confirmed by the repre- sentatives of the same towns in the General Assembly.
On March 3d, 1787, an act was concurred in adopting so much of the common law of England, and also so much of the statutes of Great Britain, enacted previous to October 1, 1760, in explana- tion of the common law, as was not repugnant to the Constitution, or any statute of the State. On March 8, 1787, an act was concurred in directing
.
171
OF VERMONT.
what money or currency should be legal tender, and what should be its fineness ; and also an act establishing post offices in the State, at Benning- ton, Rutland, Brattleboro, Windsor and Newbury. An act was passed empowering the County Courts to license Innkeepers, and it provided that, "Any person who sold less than one quart of in- toxicating liquor without a license was subject to a penalty of three pounds for the first offence, six pounds for the second, and so on doubling the penalty for each repetition."
At the October session of the Assembly, 1787, Addison County was divided, and Chittenden County was formed out of her territory and or- ganized by an act of the Assembly. An act also was passed at that session establishing a County grammar school at Castleton, in the County of Rutland.
Acts were frequently passed giving liberty for persons to raise money to establish and carry on various enterprises. On March 7, 1789, the Gov- ernor and Council, on account of the distressed situation of the inhabitants in the Northern part of the State for the want of grain, occasioned br the failure of crops, issued an ordinance that from the 20th day of March until the 18th day of April next ensuing, no one should export out of the State (being the products of the State) any wheat. rye, Indian corn, barley, or the meal or flour of any of said articles, and making it lawful for any sheriff, constable, grand juror, or selectman, to stop and examine any and every sleigh, cart. wagon or carriage or other conveyance which
172
EARLY HISTORY
they apprehended was loaded with any of said articles for transporting out of the State contrary to the true intent and meaning of the ordinance.
In the year 1789, the freemen of Vermont made no choice of Governor, and on the 9th day of October, 1789, the Council and the Assembly met in Grand Committee at Westminster and chose Moses Robinson of Bennington Governor for the ensuing year. The retiring Governor, on the an- nouncement of the election of his successor, ad- dressed the Council and the gentlemen of the House, and said, in part, "Since I find that the election has not gone in my favor by the freemen, and that you gentlemen, would prefer some other person to fill the chair, I can cheerfully resign to him the honors of the office I have long since sus- tained, and sincerely wish him a happy adminis- tration, for the advancement of which my utmost influence shall be exerted."
The House, through their speaker, addressed the retiring Governor, who said in part, "The Representatives of the people of Vermont upon this occasion request Your Honor to accept for your past services all that a noble and generous mind can give, or wish to receive, their gratitude and warmest thanks."
Moses Robinson was the second Governor of Vermont, and assumed the duties of his office Oct. 13, 1789. He was Governor one year and was succeeded by his predecessor, Thomas Chittenden. It was said at the time that Gov. Robinson bore the loss of his chief magistracy with a fortitude which becomes the character of a philosopher and a Christian.
.173
OF VERMONT.
The population of the State in 1791, was S5,533. On January 22, 1791, an act was passed by the Assembly and concurred in directing the width of sleds to be used in the Counties of Orange and Windsor.
There were many changes of the names of towns in the early history of Vermont. The town of Alburgh had had six different names before it re- ceived its present name in 1791 ; the town of Wil- mington was changed to Draper in 1763, and sub- sequently it was changed back to Wilmington; the town of Bradford was called Moretown; Brandon was formerly called Neshbe; Lowell was called St. George; Johnson was called Browning- ton ; Newport was called Duncanburgh; Sutton was called Billymead ; Fairfield or a part of that town was previously called Smithfield; Sheldon was called Hungerford; Jay was called Myllis; Craftsbury was called Mendon; Morgan was called Caldersburgh ; Waterford was called Little- ton; Barre was called Wildersburgh ; Barton was called Providence; Albany was called Lutterloh ; Hartland was called Waterford.
Early in Vermont history there were towns in Bennington County called Somerset and Bromley ; in Windham County, Hindale and Fulham; in Windsor County, Saltasth; in Rutland County, Harwitch; in Addison County, Kingston; in Caledonia County, Deweysburgh, Hopkinsville, and St. Andrews: in Essex County, Ferdinand, Minehead. Lewis and Norfork; in Franklin Coun- ty, Huntsburgh; in Orleans County, Kelleyvale.
The Counties of Washington and Lamoille were made up from towns in adjoining Counties. The
174.
EARLY HISTORY
old maps show that Chittenden County included Middlesex, Worcester, Stowe, Waterbury, Waits- field, Moretown, Duxbury, Fayston and Starks- boro. Orleans County included Morristown, El -. more, Hyde Park and Wolcott. Franklin County included Sterling, Johnson, Cambridge, Coits Gore (now Waterville), and Belvidere.
Previous to the Declaration of Independence of Vermont in 1777, the State was included within the limits of four Counties. The County of Cum- berland, embracing that portion of the State lv- ing east of the Green Mountains and extending as far north as the south line of Orange County, was established by the Colonial Legislature of New York in 1766. This act was annulled by virtue of a Royal decree in 1767, but was renewed in 176S, and the County was incorporated in March of the same year. The first Shire town was Chester, but the County seat was removed to Westminster in 1772.
The County of Gloucester, embracing all of the State lving east of the Green Mountains and north of Cumberland County, was established in 1770. The Shire town was Newbury.
The County of Charlotte, embracing a portion of the State of New York and that portion of Ver- mont lying west of the Green Mountains and north of the towns of Arlington and Sunderland, was constituted in 1772, with its Shire located at Skeensborough (now Whitehall), N. Y.
The remainder of the State, iving west of the Green Mountains and south of the County of Charlotte, was embraced in the County of Albany in the State of New York.
CHAPTER VII.
THE STRUGGLE OF VERMONT FOR ADMIS- SION INTO THE UNION.
In this chapter we resume the consideration of the controversy respecting the admission of Ver- mont as one of the United States of America from where we left the subject at the close of Chapter III. At that period of the controversy there was a sentiment in the Eastern States and in most of the Middle States favorable to the admission of Vermont, but when Congress took up the question again on Nov. 5, 1782, a material change in that body became manifest, which was due to the new friends that New York had gained through the acceptance by Congress, in October previous, of her cession of Western territory, and by Vermont's rigid enforcement of her authority in September against the insurrection that had been stirred up by the adherents to New York in Windham Coun- ty. In April, 1782, the Legislature of New York passed two acts, for pardoning certain offences, and quieting the minds of the inhabitants of Ver- mont. The New York sympathizers in Windham County got up and circulated a remonstrance against the action of the authorities in Vermont, asserting therein, that the principal men of Ver- mont were engaged in a treasonable correspond- ence with the British Commander and Governor of Canada, and had made an agreement to raise a
176
EARLY HISTORY
force to be employed under British pay for the des- truction of the liege subjects of the United States, and asked New York to raise one regiment or more in the County of Cumberland, to be paid by New York, for the protection of the people. This document wassent to Gov. Clinton, who replied to the committee remonstrants in Cumberland Coun- ty, promising to use his best endeavors to render them aid, and requested them to "diffusively and expeditiously disperse" among the people copies of those New York quieting acts, and to soothe and quiet the Vermonters, and said that "we never had it in contemplation to deprive individu- als of their property." And said in the same reply, that the State of New York is determined not to relinquish its right of jurisdiction to the country distinguished by the name of New Hamp- shire Grants, unless Congress should agreeable to our act of submission, judicially determine it not to be comprehended within our boundaries. This expression that, "we never had it in contempla- tion to deprive individuals of their property," was not consistent with the acts of the New York au- thorities in attempting to oust the Grants from their land by writs of ejectment, writs of posses- sion, and by force. Governor Clinton in said reply, said, "that there is the fullest evidence of a criminal and dangerous intercourse between some of the leaders in the assumed government and the common enemy, and this, I trust, will be an addi- tional inducement with such who profess to be friends to the cause of America, to interest them- selves in prevailing with their fellow citizens to
177
OF VERMONT.
return to their allegiance, and by that means dis- appoint the views of a combination who from motives of self interest and ambition would enter into a league with the enemy and sacrifice the lib- erties of their country." The adherents of New York in Guilford immediately called a meeting in which the instructions of Governor Clinton, in his reply, were adopted, and voted, "to stand against the pretended State of Vermont until the decision of Congress be known, with lives and fortunes."
Numerous justices of the peace were appointed by New York for Cumberland County, and charged among other things, to take notice of all attempts to set aside the laws and ordinances of that State, and at the same time officers for a battalion of six military companies, in the towns of Brattlebor- ough, Guilford and Halifax, were commissioned ; which action of the New York authorities looked like a determined effort to enforce New York law in Vermont, and suppress all Vermont authority by military force.
On June 19, 1782, the General Assembly of Ver- mont passed an act for the punishment of con- spiracies against the peace, liberty and independ- ence of the State, which was aimed at the New York adherents at Guilford and vicinity. Gover- nor Tichenor was appointed to go to the three above named towns and endeavor, by persuasive means, to unite the people in favor of the govern- ment of Vermont and save the necessity of resort- ing to compulsory measures, but his eminent per- suasive powers failed to accomplish the purpose. And on June 21, 1782, the Vermont Assembly
20
1
178
EARLY HISTORY
passed an Act empowering the Governor to raise men to assist the sheriffs. Both sides were pre- paring for the conflict. On July 29, 1782, judge- ment had been rendered by John Bridgeman, a Vermont justice, against Col. Timothy Church, the commander of the New York battalion; an execution was issued on the judgement, and the sheriff attempted to arrest the Colonel thereon, but was prevented doing so by Church and his friends. The sheriff then applied to the Governor and Council for an armed posse to assist him in executing Vermont laws in Windham County ; thereupon Governor Chittenden was authorized to raise two hundred and fifty men for that pur- pose. Ethan Allen was commissioned as com- mander of the military force, and by the 10th of September had executed his orders, so thoroughly, that the offenders and the opposers of Vermont law had been, by September 19, 1782, tried, con- victed and sentenced-some to banishment and confiscation of their property, and others to pay fines. Charles Phelps of Marlborough and Joel Bigelow of Guilford, two of the offenders, escaped and left the State for the purpose of acquainting Governor Clinton of the proceedings. Bigelow soon returned with a letter from Governor Clinton recommending the adherents of New York to ab- stain from acts of violence until Congress should decide on the questions in dispute, but if the pris- oners were not released he deemed it justifiable and advisable that an attempt be made for their release; and if that could not be effected, then an equal number of insurgents should be taken to
179
OF VERMONT.
some place in New York and held as hostages for the security and indemnity of the prisoners held under Vermont law.
Said Bigelow, in his affidavit sent to Governor Clinton, represented that Ethan Allen had de- clared that he would give no quarter to man, woman or child who should oppose him; and he would lay Guilford as desolate as Sodom and Gomorrah. Thereupon Governor Clinton ad- dressed a letter to the New York delegates in Con- gress, in which he said, "I feel the honor of the State and myself hurt that my repeated applica- tions to Congress for a decision of the controversy have not only been ineffectual, but even unnoticed. You are fully sensible of my situation, and of the condition of the State to assert its rights, and I flatter myself you feel for our unfortunate fellow citizens who are thus exposed to outrage and in- jury. I have, therefore, only to add an earnest request to use every means for inducing Congress to attend to this very important business."
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.