USA > Vermont > Early history of Vermont, Vol. II > 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 | Part 23 | Part 24 | Part 25
There was a law passed at the same session that
165
OF VERMONT.
authorized and empowered the selectmen of any town to warn any transient person, that had not resided in such town longer than a year, who were not of a quiet and peaceable behavior, or was, in the opinion of the selectmen, likely to be chargable to such town, to depart out of such town, unless he obtains a vote of the inhabitants of such town, in a legal town meeting to remain in such town. If such person did not depart within twenty days, after being warned, he could be arrested and transported to the next town, to- wards the place where said person was last an in- habitant and so on to the place where such person was an inhabitant last, and out of the State if he was not an inhabitant thereof. Evidently one of the objects of this law was that a town might not be burdened with paupers, who belonged to other towns.
It was provided by a law of that session that every person who should be fined for the breach of any penal law and should not forthwith pay the fine or give good security for its payment, should be imprisoned, or bound out and kept in service until it be paid. If a person should be convicted of stealing money, goods or chattels to the amount of six pounds, the offender should forfeit and pay treble the value thereof to the owner, and be punished by whipping, not exceeding thirty- nine stripes, for one offence.
It was provided by an act that the General As- sembly should appoint one or more surveyors in each county for the laying out of lands and run- ning the bounds of land already laid out according
166
EARLY HISTORY
to their original grants, and running lines between adjoining proprietors. The surveyors also had the power to appoint chainmen to aid in measur- ing lines and to administer the oath to them to faithfully discharge their duty as chainmen.
The Governor and Council November 12, 1779, "Resolved that the several surveyors of this State be directed in running town lines, to allow one chain in thirty for swagg of chain." At the same session they "Resolved that every grantee of the town of Benson, his heirs or assign's, shall plant and cultivate ten acres of land and build a house at least 18 feet square on the floor, or have one family settled on each respective right or share of land, within the term of two years next after the . conclusion of the present war between Great Bri- tain and America, or within two years after the Province of Quebec shall be united with the free and independent States of America, on penalty of the forfeiture of his grant or share in said town- ship, and the same to revert to the freemen of this State to be by their representatives regranted to such persons as shall appear to settle and culti- vate the same." Similar orders and restrictions and clauses of forfeiture were inserted in many of the grants to encourage and make settlements permanent.
The same year the General Assembly passed an act to punish drunkenness, which provided "that if any person should be found drunken, so that he, or she, be thereby bereaved and disabled in the use of his or her reason and understanding, appearing either in his or her speech, gesture or behavior, and
167
OF VERMONT.
be thereof convicted, such person was subject to a fine of eight shillings to be used for the benefit of the poor" in the town, and if he bad no property out of which the fine could be collected, the of- fender should sit in the stocks not exceeding three hours nor less than one hour.
For swearing and cursing, a person on convic- tion thereof forfeited six shillings and if the sum was not paid, the offender was required to sit in the stocks the time required as in the case of con- viction of drunkenness.
There were many crimes that were punished with great severity : viz. if any person should con- spire or attempt any invasion, insurrection or public rebellion against this State; or should treacherously and perfidiously attempt the altera- tion and subversion of our frame of government, fundamentally established by the constitution of this State, by endeavoring the betraying of the same into the hands of any foreign power; if any person rise up by false witness, wilfully, and of purpose to take away any man's life; if any per- son, of the age of sixteen years, or upwards, should wilfully and of purpose burn any house, barn or out house to the prejudice or hazard of any person's life; if any person, on purpose, and of malice forethought, and by lying in wait, should cut out or disable the tongue, or put out an eye or eyes so that the person was thereby made blind; or if any person within this State should blaspheme the name of God, the Father, Son or Holy Ghost, with direct, express presump- tion, and high-handed blasphemy, or should curse
168
EARLY HISTORY
in like manner, such person should be put to death.
The following law was of doubtful constitu- tionality : viz., "BE IT ENACTED, that when, and so often as any disorders and damages are done in the night season, that upon complaint speedily made thereof, to any court, assistant, or justice of the peace, they are hereby empowered to issue forth a writ or writs, for the bringing before him or them any such suspected person or persons, and examine him or them concerning such disor- ders and damages.
"And if such suspected person or persons, upon such examination, cannot give a satisfactory ac- count to the authority before whom such examin- ation is had, where he or they were, when such disorders and damages complained of, werc com- mitted and done, and that he or they had no hand in doing the same, he or they shall be liable to pay and answer all such damages as the person or per- sons complaining, shall have sustained or suffered, as aforesaid; and also such fine or punishment as the court, assistant, or justice, before whom the trial is had, shall see cause to order, not exceeding ten pounds."
An act for the punishment of burglary and rob- bery was as follows: viz., "that whosoever shall commit burglary, by breaking up any dwelling- house, or shop, wherein goods, wares, and mer- chandize are kept; or shall rob any person in the field, or highway ; such person, so offending, shall, for the first offence, be branded on the forehead with the capital letter B, on a hot iron, and have
:
169
OF VERMONT.
one of his ears nailed to a post and cut off; and also to be whipped on the naked body fifteen stripes.
"And for the second offence, such person shall be branded as aforesaid, and have his other ear nailed and cut off as aforesaid, and be whipped on the naked body twenty-five stripes.
"And if such person shall commit the like of- fence, a third time, he shall be put to death, as be- ing incorrigible."
It was also enacted that each town shall have a town brand, to brand all horses therein near the left shoulder. Usually the brand consisted of a letter or figure. The inhabitants in each town were to choose a suitable person to be a brander of horses, who should be under oath and was re- quired to make an entry of all horses branded, with the age and color, natural and artificial marks, in a book by him kept for that purpose. The act for marking cattle, swine and sheep was as follows; viz.,
"To prevent disputes, and differences that may arise in the owning and claiming of cattle, sheep, and swine, that may be lost or stray away,
"BE IT ENACTED, &c. that all the owners of any cattle, sheep, or swine, within this State, shall ear-mark, or brand, all their cattle, sheep, and swine, that are above half a year old; and that they shall cause their several marks to be regis- tered in the town book.
"And whatsoever cattle, sheep, or swine, shall be found unmarked, and not branded as afore- said; the owners thereof shall forfeit and pay
170
EARLY HISTORY
three shillings per head, one half whereof shall be to the complainer, and the other half to the town treasury."
At an early day in this State there was an at- tempt by legislation to break up or prevent the practice of lying. The good intentions and efforts of the legislators in this line have not been com- pletely successful. The legislation referred to on this subject was as follows : viz.,
"That every person of the age of discretion, which is accounted fourteen years, who shall wit- tingly and willingly make or publish any lie, which may be pernicious to the public weal, or tend to the damage or injury of any particular person, or to deceive and abuse the people with. false news, or reports, and be thereof duly con- victed before any court, assistant, or justice of the peace, such person or persons shall be fined for the first offence forty shillings; or if unable to pay the same, then such person to sit in the stocks not exceeding three hours.
"And for the second offence in that kind, which such person shall be convicted of, shall be fined double the aforesaid sum; and if unable to pay the same, shall be whipped on the naked body, not exceeding ten stripes.
"And for third offence, double the fine for the second; or if the party be unable to pay the same, then to be whipped not exceeding twenty stripes : and yet if any such person shall offend in that kind, and be legally convicted thereof, such per- son, either male or female, shall be fined ten shill- ings each time more than formerly ; or if unable to
171
OF VERMONT.
pay such fine, then to be whipped as aforesaid, with five stripes more, each time, than formerly, but not exceeding thirty nine stripes at any time.
"Provided nevertheless, that no person shall be barred of his just action of slander, or defamation, or otherwise, by any proceeding upon this act."
The General Assembly undertook to stamp out the evil practice of slander by enacting a law against it, the preamble of which was, "Whereas defamation and slander is a growing evil, and tends much to the disturbance of the peace:" and then the act proceeded and declared, "that who- soever shall defame or slander any person or per- sons whatever, and be thereof legally convicted before any court in this State, shall pay a fine, not exceeding thirty pounds, to the public treasury of the county."
-
CHAPTER X.
EARLY LAWS OF VERMONT. CONTINUED.
At the session of the Assembly held at Benning- ton in October 1780, an act was passed directing what money and bills of credit should be legal currency in the State. It was enacted "that all genuine coined gold, silver and copper, shall be le- gal money in this State, viz: gold, at the rate of five pounds per ounce; silver at six shillings and eight pence per ounce, and coined copper at two pence per ounce. And that the bills of credit emitted by the United States of America before the 18th day of March, 1780, be a legal tender as money according to their current value; having regard as well to their current value at the time of making all contracts as at the time of rendering judgement."
In 17SO, it was found that sundry persons liv- ing in the frontier towns refused their personal as- sistance in defence of the frontier settlements and were suspected of holding secret and traitorous correspondence with the enemy and harboring and concealing them ;- to prevent which the As- sembly at its October session in 1780, passed a law, the first section of which was as follows: viz.,
"That it shall be the duty of the select-men of
(172)
..
173
OF VERMONT.
any such frontier town, if they have good grounds of suspicion that any person or persons living in such town, do secretly correspond with the en- emy; or any person or persons who do not feel themselves in danger from the common enemy, and refuse their personal assistance to defend said frontiers, or have, for a long time, neglected their duty therein,-to warn a meeting of the inhabi- tants of such town, reciting in such warning the names of the person or persons so suspected; and that the design of such meeting is to take into consideration whether they judge such person or persons to be dangerous to the safety of the fron- tiers. And whatsoever person or persons shall be, by such meeting, so warned, judged and voted to be necessary to be removed, either on account of their unfriendliness to the cause of America, or their unwillingness to support said cause, shall be, by warrant from an assistant or justice of the peace, directed to the sheriff of the county, his dep- uty, or either of the constables of such town, re- moved, with his family and effects, after twenty days, and within thirty days, at their own proper cost and charge, to the interior part of this State; which warrant such magistrate is hereby to issue, on application of the select-men of such town." The person so voted to be removed, had a right of appeal to the Governor for a rehearing.
The Assembly at its February session 1781, held at Windsor passed an act for quieting dis- putes concerning landed property which provided "that the Governor, Council and House of Repre-
174
EARLY HISTORY
sentatives shall sit as a court, to hear and finally to determine all disputes between proprietors holding under different charters, made out by one and the same authority."
The act of the Assembly passed at the session held at Windsor, April 1781, fixed the depreciation and the current value of Continental bills of credit, the value of which was to be measured agreeable to the following table, which shows the value of one hundred Spanish milled dollars in Continental bills of credit, at the several times therein expressed : viz.,
September 1, 1777, 100 April 1, 1779, 600
October 1,
110 May 1, 800
November 1,
120 June 1, 1000:
December 1, 130 July 1, 1100
January 1, 1778,
140 August 1, 1200
February 1,
155
September 1, 1300
March 1, 170 October 1,
1450
April 1,
185 November 1, 1600
May 1,
200 December 1,
1800
June 1,
220 January 1, 1780
2000
July 1, 240 February 1,
2400
August 1,
260 March 1,
2800
September 1,
295 April 1,
3200
October 1, 325 May 1,
3600
November 1,
360 June 1,
4000
December 1,
400 July 1, 5000
January 1, 1779,
450 August 1, 6000
February 1,
500 September 1, 7200
March 1,
550
It was stated in the first volume of this history that that part of New York that was denomi-
175
OF VERMONT.
nated the West Union was annexed to Vermont. The act defining the territory that was taken, and extending legislation over it, passed at a session of the Assembly held at Bennington in June 1781, was as follows : viz.,
"Whereas it is found necessary, for the pur- poses of representation, and for exercising civil government, that the inhabited part of the follow- ing described district, viz .- Beginning at the north-west corner of Williamstown, and extend- ing west, ten degrees north, to the centre of the deepest channel of the waters of Hudson's River ; then up said river, and extending through the cen- tre of the deepest channel thereof, to the head thereof; thence north, by the needle of the com- pass, to the latitude forty-five-(lately taken into union with this State) be divided into townships, with the usual incorporate privileges; and that the said district be annexed to said counties. Therefore,
"BE IT ENACTED, &c. that the districts of land, in said territory, commonly known by the names of Hosack, Cambridge, White-Creek, alias New Perth, Black-Creek, Skeensborough, Kingsbury, Scotch-Patent. alias Argyle, and Fort-Edward, be, and they are hereby incorporated, each of them, into a distinct township, and to be sever- ally known and distinguished by the aforesaid names respectively ; and are hereby vested with all the privileges and immunities, which other towns within this State do of right exercise and enjoy.
"BE IT FURTHER ENACTED, that the tract of
176
EARLY HISTORY
land within the said territory, lying west of, and adjoining to, Pownal, and north of the south line of said territory, and west of a line extended from the east line of the tract of land known by the name of Scorticook district, and south of Hosack district, be and is hereby incorporated into a township, by the name of Little Hosack; and that the tract of land, lying bounded west on the north river, south on the south line of said terri- tory, north on the tract of land, commonly called Scorticook district, and east on Little-Hosack, together with the district of land, commonly known by the name of the district of Scorticook, be and is hereby incorporated into a township, by the name of Scorticook; and that such part of the. tract of land, known by the name of the district of Saratoga, as is included in said territory, be and is hereby incorporated into a township, by the name of Saratoga-East; and that the tract of land, lying west of, and adjoining to, Pollet, and north of, and adjoining to, Black-Creek, and west- erly on Kingsbury and Skeensborough, be and is hereby incorporated into a township, by the name of South-Granville; and that the tract of land, north of said South-Granville, as far north as the west-line of the township of Wells extends, be and is hereby incorporated into a township, by the name of North-Granville; and that the tract of land, northward of said North-Granville, extend- ing north to the East-Bay, bounded eastward on Fairhaven, and westward on Skeensborough, be and is hereby incorporated into a township, by the name of Eastborough. And that each of said
177
OF VERMONT.
townships be and are hereby vested with the same privileges and immunities as other towns within this State do of right exercise and enjoy.
"AND BE IT ENACTED, that the townships of Little-Hosack, Hosack, Cambridge, Scarticook, and Saratoga-East, being that part of said terri- tory which formerly belonged to Albany county, be and are hereby annexed to the county of Ben- nington; and that all the remaining part of the aforesaid townships, be and are hereby annexed to the county of Rutland."
At the same session the inhabitants of each of the towns in the West union were by an act of the Assembly authorized and empowered to hold town meetings in their respective towns in July of the same year at such places as usual, or most convenient, and persons were named and ap- pointed, by the act to warn such meetings in the respective towns, and provisions were made for taking the lists of the inhabitants and the rate- able polls. These acts show how firmly fixed the minds of the members of the General Assembly were to maintain jurisdiction over the territory of the West union.
The General Assembly many times in matters of legislation exercised doubtful powers : such as prohibiting the trials of the title of land, the sus- pending or prohibiting actions from being insti- tuted for the collection of debts, annulling and making void final judgements of courts and stay- ing executions after the rights of parties had be- come fixed.
It is evident that the people as late as 1782, 13
178
EARLY HISTORY
had some misgivings as to the binding force of the constitution because it was not originally sub- mitted to the people for ratification, as the Gen- eral Assembly passed an act at its session held at Windsor in June 1782, (as they had done once be- fore at its February session held at Bennington 1779) declaring the constitution to be a part of the law of the State. This act of June 1782, was as follows: viz.,
"To prevent disputes respecting the legal force of the constitution of this State, and to determine who are entitled to the general privileges of the constitution and laws ;
"BE IT ENACTED &c. that the constitution of this State, as established by convention, held at. Windsor, July and December, one thousand seven hundred and seventy-seven, subject to such alter- ations and additions as shall be made, agreeable to the forty-fourth section in the plan of govern- ment, shall be forever considered, held and main- tained, as part of the laws of this State.
"AND BE IT FURTHER ENACTED, that all the peo- ple of the American States, within this State, whether they be inhabitants or not, shall enjoy the same justice and law as is general for this State, in all causes proper for the cognizance of the civil authority and courts of judicature in the same; and that without partiality or delay : and that no man's person shall be restrained or im- prisoned, unless by authority of law."
At the same session the Assembly passed an act adopting the common and statute law of England as follows : viz.,
179
OF VERMONT.
"Whereas, it is impossible, at once, to, provide particular statutes adapted to all cases wherein law may be necessary for the happy government of this people.
"And whereas, the inhabitants of this State have been habituated to conform their manners to the English laws, and hold their estates by Eng- lish tenures.
"BE IT ENACTED, &c. that so much of the com- mon law of England, as is not repugnant to the constitution or to any act of the legislature of this State, be, and is hereby adopted, and shall be, and continue to be, law within this State.
"And whereas, the statue law of England is so connected and interwoven with the common law, that our jurisprudence would be incomplete with- out it; therefore,
"BE IT FURTHER ENACTED, that such statue laws and parts of laws of the kingdom of Eng- land, as were passed before the first day of Octo- ber, Anno Domini one thousand seven hundred and sixty, for the alteration and explanation of the common law, and which are not repugnant to the constitution, or some act of the legislature, and are applicable to the circumstances of the State, are hereby adopted and made, and shall be and continue to be, law within this State, and all courts are to take notice thereof, and govern themselves accordingly."
The people were very watchful against any and all attempt made for the alteration or subversion of the Vermont frame of government, or the be- traying the same into the hands of the neighbor-
180
EARLY HISTORY
ing States, as appears from the following section of a statue passed at the last mentioned session, viz .:
"That if any person or persons shall conspire, or attempt, any invasion, insurrection, or public rebellion, against this State; or shall treacher- ously, and perfidiously attempt the alteration, or subversion of our frame of government, funda- mentally established by the constitution of this State, by endeavouring the betraying of the same into the hands of any of the neighboring states, or any other power, and be thereof convicted before the superior court, shall suffer banishment, or im- prisonment, at the discretion of said court; and the goods, chattels and estates of such offenders, shall be seized, condemned, and sold, as forfeit to the use of this State." And it was provided that if any person so banished neglected to depart when ordered, or should return to the State with- out first obtaining liberty from the General As- sembly, and should be convicted, they should suf- fer death.
The people of Vermont believed in extending equal rights to the inhabitants of different States. The Legislature of the State of New York enacted a law that no person or persons belonging to the State of Vermont should be permitted to com- mence any suit or action at law in New York, un- less they should acknowledge the jurisdiction of New York and took the oath of allegiance to the same. The Vermont law making power retali- ated by enacting, in substance, that no inhabitant of New York or person residing therein, should
181
OF VERMONT.
commence any suit within the jurisdiction of this State against any inhabitant thereof for any civil matter until New York should allow the inhabi- tants of this State full liberty to commence suits in New York.
The first medical society in Vermont was estab- lished under an act passed at the October session of the Assembly held at Rutland in 1784. Jonas Fay and sixteen other physicians and surgeons in Bennington and Rutland Counties were incorpor- ated and constituted a body corporate and politic in law, by the name of THE FIRST MEDICAL SOCI- ETY IN VERMONT.
At the June session of the Assembly of 1785, held at Norwich, there were granted twenty-three thousand acres to the trustees of Dartmouth Col- lage, and the President of Moor's Charity School, and to their successors within this State; and the Governor and Council were requested to issue a charter of incorporation for the same, when sur- veyed, to the trustees of Dartmouth College and the President of Moor's Charity School and to their successors, to be to and for the use and bene- fit of said College and School forever. In pursu- ance of this act a charter was issued by the Gov- ernor dated the 14th of June, 1785, for a tract of land six miles square, by the name of Wheelock.
On October 1781, the General Assembly chose a committee of three to burn the bills of credit of the State. Timothy Brown, John Fassett, Jr., and Matthew Lyon were such committee who gave bonds to the State for the faithful performance of their duty. The bills destroyed were those re- deemed by reception in payment for taxes.
182
EARLY HISTORY
There was a custom in the early history of Ver- mont to appoint a committee to present and ar- range business for the session of the General As- sembly. This practice is a good one as it would save much time of the Assembly in getting ready for the consideration of proper and necessary measures of legislation ; it would save the State from enacting so many crude and ill-judged meas- ures that result in litigation, and in the end re- pealed. The committee appointed to arrange busi- ness for the session to be held in February 1782, brought in a report on the order of business which was in substance to call upon His Excellency, the Governor and his Council, for all official papers re- lating to the interest of the State received since. the then last session; to call upon the several commissioners appointed on different matters at the previous session to report; to call upon the committee for revising the laws; to adopt proper measures for the defence of the State against the common enemy ; to call upon the surveyor-general to lay before the House a survey of the State, as far as he has obtained it, as also a plan of all the townships granted and the vacant lands un- granted; to call upon the treasurer to give an ac- count of what paper money has been received into the treasury since the then October previous and how it has been disposed of; to lay before the Continental Congress in a decent and spirited manner our determination to support our just rights, and repeat our desire to be admitted into the Federal Union; that a proper check be put upon the treasurer to enable the auditor to adjust
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.