USA > Vermont > Bennington County > History of Bennington County, Vt. : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 11
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"The constitution which had been framed by the convention of July, 1777, provided for the holding of an election under it in the following Decem- ber, and for the meeting of the Assembly in January ; but owing to 'the troubles of the war and the encroachments of the enemy,' it was found im- practicable to have it printed and circulated in season for such an election. The Council of Safety, in consequence, requested the president of the conven- tion to call the members together again on the 24th of December. This was accordingly done, when the time for the first election was postponed until the first Wednesday in March, and the Assembly was required to meet at Windsor, on the second Thursday of the same month."
" The constitution, which was now finally completed, was preceded by a preamble in which the reasons for separating from New York and forming a new government were stated in some detail."
"The form of government was strongly democratic in its character. The elective franchise was given to every man of the full age of twenty-one years who had resided in the State for one year. Every such person was also eligible to any office in the State. The legislative power was vested in a single assembly of members chosen annually by ballot by the several towns in the State. Each town was to have one representative, and those towns having more than eighty taxable inhabitants were entitled to two. The executive authority was in a gov- ernor, lieutenant-governor and twelve councillors elected annually by bal- lot of the whole freemen of the State. The governor and council liad no neg- ative power, but it was provided that 'all bills of a public nature' before they were finally debated in the general assembly should be laid before the gov- ernor and council 'for their perusal and proposals of amendment; and also 'printed for the information of the people,' and that they should not be en- acted into laws until the succeeding session of the assembly. From this pro- vision was excepted 'temporary acts' which in cases of 'sudden emergency' might be passed without being delayed till the next session." This article was stricken from the constitution in 1786, at which time a general revision was made.
"Upon the earnest recommendation of Dr. Young this constitution of the State of Vermont was modeled upon and taken from that of the State of Penn- sylvania; but in some respects it is believed to have been better than that of that State. In one particular, at least, it was wholly original, having the first provision of any constitution that made slavery unlawful. That part of the
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HISTORY OF BENNINGTON COUNTY.
section that so declares being as follows: ' Therefore, no male person, born in this country, or brought from over sea, ought to be holden by law, to serve any person, as a servant, slave or apprentice, after he arrives at the age of twenty-one years, no female, in like manner, after she arrives at the age of eighteen years, unless they are bound by their own consent, after they arrive at such age, or bound by law, for the payment of debts, damages, fines, costs. or the like.'"
The insertion of this clause in the constitution made Vermont the first free State of America. In this connection we are constrained to reproduce here the first deed of emancipation, so called, though unnecessary under the con- stitution, and recorded in any of the towns of the State. It may be found on the record book number three, in the office of the clerk of the town of Benning- ton, and is as follows:
" HEADQUARTERS, POLLET, 28th November, 1777.
" To whom it may concern, know ye : Whereas Dinah Mattis, a negro woman, with Nancy, her child of two months old, was taken prisoner on Lake Champlain with the British troops somewhere near Colonel Gilliner's patten (patent) the twelfth day of instant November by a scout under my command, and according to a resolve passed by the honorable the Continental Congress that all prizes belong to the captivators thereof-therefore she and her child became the just property of the captivators thereof-I being conscientious that it is not right in the sight of God to keep slaves-I therefore obtaining leave of the detachment under my command to give her and her child their freedom -I do therefore give the said Dinah Mattis and Nancy, her child, their free- dom to pass and repass anywhere through the United States of America with her behaving as becometh, and to trade and traffic for herself and child as though she was born free, without being molested by any person or persons. In witness whereunto I have set my hand or subscribed my name.
" EBENEZER ALLEN, Capt."
By virtue of the authority conferred upon the Council of Safety, that body was the civil and military power of the State, during the intermissions between the meetings of the general convention. The convention at Windsor, in De- cember, 1777, revised the constitution in certain particulars, transacted such other business as was presented for consideration, such as ordering the elec- tion to be held in March of the succeeding year, and then adjourned, leaving the disposition of future business in the hands of the Council of Safety. This body seems to have been occupied largely in disposing of the cases of tory- ism that were brought before them. But as the time for the first election under the constitution drew near, the council caused to be known to the peo- ple the business about to be transacted by the following proclamation :
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COUNCIL OF SAFETY AT BENNINGTON.
"STATE OF VERMONT, IN COUNCIL OF SAFETY. " BENNINGTON, 6th Feby, 1778.
" To the Inhabitants of the State of Vermont :
"GENTLEMEN,-The United and joint Representatives of this State in their General Conventions held at Windsor, and on the Several Times afterward by Adjournments, did on the 20 [8th] day of July last compose and agree unani- mously on a Constitution for the future Government and Mutual advantage of its Inhabitants. It was then proposed by the joint agreement of the said Representatives that such Constitution should be printed so as to have had them circulated among the inhabitants, seasonably to have had the General Election of Representatives to Compose the General Assembly in December last, who (by agreement) was to have met at Bennington within this State in the month of January last, but finding by repeated experience, that the Troubles of the War and Encroachments of the Enemy would of Necessity render it impossible, this Council did think fit to again call on the members of the General Convention to meet, who accordingly met at Windsor on the 24th day of December last, and did Unanimously agree to postpone the day of Election until the first Tuesday of March next, and the Setting of the Assembly to be at Windsor, on the 2d Thursday of March next. The con- stitution is now printed and will be distributed among the Inhabitants of the several Towns in this State, so early that they may be perused before the day of election, which this council hope will sufficiently recommend the most safe method of choosing of representatives to compose the General Assembly. Nothing but a real zeal for the future well being of the inhabitants of the United States of America in general, and this in particular could have induced this Council to have undertaken the arduous Task of Setting so many months successively to provide for the Safety of its Inhabitants. They therefore Flat- ter themselves that their Services will meet the approbation of their employers. The council are fully of the opinion that nothing but (the want of) a firm At- tachment and joint Connection of the Inhabitants of this State can frustrate or prevent their being what they reasonably wish to be.
" I am Gentlemen (by order of Council) " Your most Obedient Humble Servant, "THOMAS CHITTENDEN, Prest."
The Council of Safety continued in session at Bennington until about the Ioth of March, 1778, when it adjourned to meet at Windsor to transact more readily such business as became necessary to be performed upon the assem- bling of the newly created and elected civil power of the State. According to the journal of their proceedings it is found that at Windsor, on the 12th of March, the council " do recommend to the Several Gentlemen appointed by the freemen of the Several Towns within this State to represent them in Gen eral Assembly, to Assemble at the Town house in this place immediately, and 13
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HISTORY OF BENNINGTON COUNTY.
to form a house of Assembly by choosing a Speaker and Clerk, and mal . Report of your proceedings known as soon as may be to this Council." A's, on the same day a commission of authority was issued, of which the following: is a copy :
"STATE OF VERMONT. In Council, Windsor, 12 March, 1778.
" To John Benjamin, Gentleman :
" Whereas a number of the Inhabitants of this State are now met Together in this place, appointed by the freemen of the Several Towns within the same in order to form a house of Assembly ; and Whereas it is found Necessary that some person be appointed to act in the Capacity of a Sheriff, you are therefore hereby appointed, authorized and empowered in the capacity of Sheriff during the Session of this present Assembly (unless sooner discharged). and to Subject yourself to such rules and orders as you shall from time to Time (receive) from this or a future Council of this State, for which this shall be your Sufficient Warrant.
" By order of Council. "THOS. CHITTENDEN, Prest. "Attest, JOSEPHI FAY, Sec'y."
This was the last official act of this important council, a body that had long and faithfully served the people of the State. Every member held that private or personal interests were second to the general welfare, and every emergency found the council in readiness for action, prompt and efficient. The members themselves knew what their work had been, and how, in the fulfillment of their duty they had created unpleasant feelings in many quarters, yet it was their hope, shown by the proclamation to the people issued in Feb- ruary, that their services had met with the approbation of those whom they sought to serve. There exists some difficulty in now determining correctly who were all the members of the last Council of Safety, but from the best obtainable authority ("Governor and Council ") it is believed that they were as follows : Thomas Chittenden, president; Jonas Fay, vice-president ; Moses Robinson, president pro tem. ; Ira Allen and Joseph Fay, secretaries; Paul Spooner, deputy secretary ; Nathan Clark, secretary pro tem. ; Benjamin Car- penter, Heman Allen, Jacob Bayley, Jeremiah Clark, and Matthew Lyon. Their services continued from July, 1777, until March, 1778.
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NEW YORK POLICY MODIFIED.
CHAPTER XI.
The Civil Policy of the State Continued-Position of Vermont -New York Policy Modi- fied -Governor Clinton's Proclamation -The First Vermont Election -- State Officers Chosen -- Organization of the Assembly -- Bennington and Unity Counties Formed-Unity Changed to Cumberland-Temporary Character of Laws of 1778-Shire Towns Established -- Judges Appointed-Bennington County Divided into Military Districts-The Northern Territory In- vadled -- Forts Built -- The Land Controversy Resumed -- Annexation of Towns from off New Hampshire -- The Union Dissolved -- More of the New York Troubles -- Governor Clinton Ap- peals to Congress -- Congressional Committee Appointed -- Their Proceedings- Disappoint- ment of Vermonters-The Massachusetts Claim-Union with New Hampshire and New York Towns -- Progress of the State Government-Proceedings of the Assembly-An Incident --- The First Public Execution -- Shire Judges Appointed -- State Officers for 1778 -- Superior Court Established -- Military Organizations Perfected-The Regimental and Company Officers -Justices of the Peace and Probate Judges Appointed.
T THROUGH the opposition made by the representatives in Congress from the State of New York, the petition presented by the State of Vermont was somewhat summarily dismissed. This was a temporary victory for New York, and by it that State believed no further great effort would be made toward a separate organization on the part of what her authorities were pleased to term the rebellious people ; but that they would, as soon as the passion of the period should be allayed by time, quietly submit to the inevitable. The open war of course precluded the possibility of a further appeal to the crown ; in fact, all allegiance to Great Britain had been positively and irrevocably re- nounced by the United Colonies, and too by the people on the grants, al- though the latter had no recognition by or representation in the Congress of the continent. Added to this awkward position, the people of the grants were further embarrassed by the fact that Congress had denied them a recognized existence, therefore what could they do, and where could they turn for sup- port ? This position does not seem to have occasioned a feeling of great alarm or apprehension or anxiety on the part of the Vermonters. Their progress toward a complete separate existence was certainly gratifying ; their constitu- tion had been adopted and ratified to all intents and purposes, and the election for State had been ordered.
But there does seem to have taken place among the New York authorities a change of sentiment-a radical change, though brought about by influences that were and are unknown. Hitherto the policy of that State had been tyran- nical and generally unyielding. There was no middle ground and no compro- mission that would be acceptable to her government. But suddenly, without negotiation, and without notice, that commonwealth, through its officers, makes an instant change of front. No sooner had the Council of Safety of Vermont promulgated the proclamation of February 6, 1778, and its contents became
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HISTORY OF BENNINGTON COUNTY.
generally known to all whom it concerned, than his excellency, George Clin ton, governor of New York, also appeared in the field with his formidab': manifesto, bearing date February 23, 1778. This was intended, or at lea .: purported to be, a compromission measure, and one which its originators hoped would find a ready and cheerful compliance on the part of the people for whom it was intended. It made concessions that no prior New York document had shown. It offered to confirm to the people the grants made by New Hamp- shire and Massachusetts, notwithstanding the New York grants of the same territory ; an absolute and unconditional discharge, and remission of all pros- ecutions, penalties and forfeitures theretofore incurred, besides holding out in- ducements to encourage the settlement of lands not already occupied, on rea- sonable terms, and a number of other provisions deemed to be highly benefi- cial to the people. These overtures were made with the view, " not only to induce the aforesaid discontented inhabitants of the colonies of Albany, Char- lotte, Cumberland and Gloucester, to return to a lawful and rightful obedience to the authority and jurisdiction of this State (New York), but also in favor of all others whom the same may concern ; and to be of no avail to any person or persons whatsoever, who shall, after the first day of May next, yield or acknowi- edge any allegiance or subjection to the pretended State of Vermont, the pre- tended government thereof, or to any power or authority, pretended to be held or exercised thereunder."
" I do therefore," continues this remarkable document, "hereby, in the name of the people of the State of New York, publish and proclaim the afore- said declarations and resolutions ; and I do hereby strictly charge and com- mand all manner of persons within this State, at their peril, to take due notice of this Proclamation, and of every article, clause, matter and thing therein re- cited and contained, and govern themselves accordingly." "God save the people."
The last sentence of this proclamation embodied fully the daily and hourly prayer of every right-minded Vermonter of that day ; and that they might have all Divine assistance to that end, they were, at this very time, making a righteous endeavor to " save themselves."
In August following, Ethan Allen, then having been released from his for- eign imprisonment, made one of his magnificent and characteristic responses to Governor Clinton's proclamation. It was subsequently incorporated into his " Vindication of Vermont," published, under the sanction of the governor and council, in 1779.
But the proclamation of Governor Clintion had no material effect upon the great mass of the people of Vermont, although a few may have felt like avail- ing themselves of its promises, and thus ending the unhappy controversy that had continued so long. According to the plan fixed by the December con- vention the election for State officers was held on the first Wednesday of
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THE FIRST OFFICERS.
March, 1778. Each town elected a representative, or at least was permitted so to do, while the State officers-the governor and council-were chosen at large by the freemen. The State officers first elected for Vermont were as follows: Governor-Thomas Chittenden, of Williston ; lieutenant governor- Joseph Marsh, of Hartford. Councilors-Ira Allen, of Colchester ; Jacob Bay- ley, of Newbury; Joseph Bowker, of Rutland; Timothy Bronson, of Sunder- land; Benjamin Carpenter, of Guilford; Jeremiah Clark, of Shaftsbury ; Ben- jamin Emmons, of Woodstock ; Jonas Fay, of Bennington ; Thomas Murdock, of Norwich; Peter Olcott, of Norwich ; Paul Spooner, of Hartland ; and Moses Robinson, of Bennington.
At this time the residence of Governor-elect Chittenden was in Arlington, while his home was in Williston ; also the home of Ira Allen was in Colches- ter, but he was residing then in Sunderland.
Thomas Chandler, jr., of Chester, was chosen secretary ; Matthew Lyon, of Arlington, was deputy secretary from April 9th to June 4th, and from July 17th to October 9th; Ira Allen was chosen treasurer.
On the 13th day of March, 1778, commenced the first proceedings of the governor and council of the State of Vermont under the constitution. One of the early subjects that engaged the time and attention of the General As sembly, and the other executive body of the State, was the division of the ter- ritory into counties. On the 17th of March the Assembly voted to accept the bill presented to the house by the governor and council describing the country on the west side of the mountains all of which was erected into a county by the name of " Bennington." Concerning the territory east of the mountains the governor and council likewise presented a bill describing the same, and fixing for its east boundary the State of New Hampshire. This the Assembly amended, and in place of New Hampshire the east boundary was made to read " the west bank of Connecticut River"; thus fixing the castern boundary of the State of Vermont on the west bank of the river, as aforesaid. The terri . tory east of the mountains was also formed into a county and named " Unity," which name was subsequently changed to " Cumberland " county.
The act of Assembly that brought these two counties into existence is not to be found. It seems to be generally understood that the laws that were enacted during the year 1778 were of a temporary character, being adopted under the section of the constitution that provided for any "sudden emergency," and but a temporary proceeding, therefore not recorded. This would seem to be the case, for, during the next year, a similar act was passed creating two counties out of the territory of the State, and named as above stated-Ben- nington and Cumberland, respectively. None of the acts of the Assembly for 1778 are to be found. At the same time upon which the counties were erected it was voted by the Assembly that Colonel John Barrett, Thomas Rowley, Jacob Kent, Thomas Jewett and Elijah Alvord be a committee to appoint the
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HISTORY OF BENNINGTON COUNTY.
several shire towns of the counties of the State. Accordingly four shire tov .: were established-Bennington, Rutland, Newbury and Westminster. The li between the shires of Bennington and Rutland was fixed at the north line Dorset and Tinmouth, while the line between the shires east of the mountain: was fixed as the "ancient county line." The "ancient county line " unque :- tionably refers to the line between the counties of Cumberland and Glouce - ter, established by New York. The phrase, " north line of Dorset and Tin- mouth," is believed to be an error, as these towns nowhere touch each other The same should have read, probably, the north line of Dorset and Rupert these being the only towns adjoining, east and west, on the west side of the mountains.
Judges were appointed for the several shires as follows : For the Benning- ton shire, Jeremiah Clark, Samuel Robinson, Martin Powel, John Fasset, jr., Thomas Jewett; for the Rutland shire, Joseph Bowker, Hebar Allen, Charles Brewster, John Starks, Jonathan Fassett; for the Newbury shire, Jacob Bailey, Jacob Burton, William Heaton, Reuben Foster, John French ; for the West- minster shire, John Shepardson, Stephen Tilden, Hubbel Wells, Hezekiah Thompson, Nathaniel Robinson.
On the 26th of March the Assembly voted to empower the governor and council to act as their judgment should dictate regarding Tory lands and prop- erty. In accordance with this the body thus empowered constituted them- selves arbiters in the premises and divided themselves into two courts, one for each county, as follows : " Voted that his Excellency, the Governor, and coun- cil that live in the county of Bennington, be a court to confiscate the estate of those persons that are enemies." This court was thus constituted : Governor Thomas Chittenden, and Councillors Ira Allen, Timothy Brownson, Jeremiah Clark, Jonas Fay, Moses Robinson, Joseph Bowker. The court on the east side of the mountains comprised Lieutenant-Governor Joseph Marsh, and Council- lors Jacob Bayley, Thomas Murdock, Peter Olcott, Benjamin Emmons, Paul Spooner, and Benjamin Carpenter.
To the duty of ordering and directing the civil affairs of the State was im- posed upon its governmental authorities the additional burden of making the necessary provisions for guarding the frontier against the depredations of the enemy. So far as this immediate vicinity was concerned there was no regular war in progress during the year 1778, as the defeat and surrender of Burgoyne had substantially taken the British out of the neighborhood ; still the Province of Canada, on the north, was held by the enemy, and small detachments of troops and marauding parties of Indians were constantly annoying the frontier settle- ments, thus rendering necessary the maintenance of an armed force to guard against and repel invasions and destruction of property.
On the 17th of March the Assembly considered the propriety of raising a force for the military service, and voted to maintain two regiments, to be re-
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DEFENSES ON THE FRONTIER.
cruited on the territory west of the mountains, one from the northern and the other from the southern part of Bennington county. The north line of the towns of Arlington and Sunderland was fixed upon as the division line for this purpose. In April Colonel Warner's Continental Regiment, which had with some difficulty been recruited, was ordered to Albany, thus leaving the fron- tier almost entirely at the mercy of the enemy. But as a means of at least partial defense there was built at Rutland a strong stockade fort, covering a considerable area, so that, should an attack be made, the place would afford a safe refuge for all that might seek protection there. Notwithstanding this fact the fort or its garrison could hardly be expected to furnish any protection to the settlers living more than twenty- five miles to the north of it; and that it did not was shown by the fact that during the month of November following a raid was made in the region of Lake Champlain, as far south as Ticonderoga, by a party of British and Indians, to oppose which there was no organized force. The result of this invasion was the capture of a large number of men and women, and even children, and the destruction of all the property within the reach of the invaders. This raid covered the greater part of what is now Addison, Chitten- den and Franklin counties. This was the last disastrous attack upon the set- tlers of Vermont during the period of the Revolutionary War. Besides the stockade at Rutland were other defensive forts on the northern frontier. At New Haven was a block-hoase, and on Otter Creek was Fort William. In the spring of 1778 Captain Thomas Sawyer and his company had a sharp fight with the enemy, and although he was victorious a number of his men were lost. He reported by express to the governor and council, and was directed to retire his force to the block-house at New Haven.
Inasmuch as this narrative has now traced the events of the early history of this region down to the time of the erection of the county of Bennington, and inasmuch as the scope of this work does not contemplate the recital of events that occurred beyond the limits of that county after its formation took place, it would seem that subsequent pages and chapters should be devoted solely to the events of the county proper. But to now separate Bennington county from the surrounding districts or counties, would be impossible, unless a sudden termination is made in the narrative of the events of the State, of which this county now (1778) forms the major and by far the most important and thickly populated part.
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