USA > Vermont > Bennington County > History of Bennington County, Vt. : with illustrations and biographical sketches of some of its prominent men and pioneers > Part 13
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The territory of Bennington county was subsequently extended by the
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113
LEGISLATIVE ENACTMENTS.
union formed with the towns that formerly belonged to New York State; but that union was, at a later day, dissolved, and Bennington county's west line was as described in the act.
Another law, passed by the Assembly during the same month, created a Su- perior Court, consisting of five judges; and providing, further, that the sessions shall be held as follows: For Bennington county, at Bennington, on the sec- ond Thursday of December; for Bennington county, at Rutland, on the sec- ond Thursday of June; for Cumberland county, at Westminister, on the second Thursday of March ; and for Cumberland county, at Newbury, on the second Thursday of September.
Another law was also enacted "for regulating the election of governor, dep- uty governor, council and treasurer ;" providing that the same shall be chosen on the first Tuesday of September annually; also representatives to attend thie General Assembly. But the act specified that the representatives should be chosen first, and the other State officers afterward.
Perhaps the most important law passed at the Bennington session during this year, was that entitled "An act to prevent the return to this State, of cer- tain persons therein named, and others who have left this State or either of the United States, and joir ed the enemies thereof." The title of this act is suffi- cient to inform the reader of its purpose without reciting its provisions in full. To all who were arrested and convicted under it a penalty was attached-"from twenty to forty stripes on the naked back, and banishment from the State." And "if any (such) person shall continue in this State one month, or shall pre- Sume to come again into this State, after such conviction, without liberty first obtained therefor, from the Governor, Council and General Assembly, and he be convicted thereof, before the Superior Court of the State, he shall be put to death." This law was repealed November 8, 1780.
We have thus far, as have other historians, avoided presenting to the reader the names of those persons who were charged with being "enemical persons," or Tories, for the reason heretofore stated in that connection; and we may here add a quotation from "Slade's State Papers" upon the subject, which says: "It has appeared to the editor obviously improper to gratify the public curiosity, at the expense of the feelings of individuals." But there can be no possible unpleasant feelings engendered by furnishing the number of persons from each town, who were named in the act; and for this information we are indebted to the compiler quoted from above. In all there were one hundred and eight, dis- tributed among the towns as follows : Pownal, 12; Bennington, I; Shaftsbury, 3; Arlington, 14; Manchester, 8; Dorset, 2; Rupert, 3; Pawlet, 5; Wells, 7; Danby, 2; Wallingford, I; Clarendon, 16; Rutland, 3; Castleton, 6; Pittsford, I; Cornwall, 1; Bridport, 4; Panton, I; New Haven, 2; Ferrisburg, 1 ; Shel- burn, 2 ; Newfane, 3 ; Brattleboro, 4; Westminster, I ; Rockingham, I; Ches- ter, I; Kent, (now Londonderry) 1; Hertferd (now Hartland) 2,
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114
HISTORY OF BENNINGTON COUNTY.
The last act adopted by the Legislature while in session at Bennington de- clared that " each and every act of this State that have been passed into lay by the General Assembly, at their session holden at Bennington, February, 1779, to be declared to be temporary acts or laws, and to remain in full force until the rising of the General Assembly in October next."
But another important feature of the proceedings of the Assembly at their February session, was the adoption of a resolution that constituted the gover- nor and council a board of war. In this same connection an act was passed "for forming and regulating the militia, and for encouragement of military skill, for the better defense of this State." By this act the governor was de- clared to be the captain-general and commander-in-chief, while the deputy governor was likewise made the major-general of and over all the military forces of the State.
For the purposes specified in the title of the act, the territory of the State was divided into military districts, five in number, the second and fifth of which embraced the State west of the mountains, while the others were on the east- side. The preceding chapter contains the names of the officers of the Second and Fifth Regiments, except such of them as lived north of the present north line of Bennington county. The north line of Arlington continued easterly to the county line, was the division between the regimental districts.
It is more than probable that an act similar to this was passed by the As- sembly of 1778, but from the fact that the laws of that year are not on record, they being considered "temporary" law, it does not anywhere appear; there- fore the re-enactment of the present year was intended to continue the former in force.
On the 24th of February, two days before the Assembly adjourned, that body resolved to raise $15,000 by a lottery as a fund for the military defense ; and on the 26th the governor was requested to write General Washington, ap- prising him of the intention of the State to provide for the defense of the fron- tiers. He was also directed to issue a proclamation, directing all persons to observe the laws, which was accordingly done.
The present business of the Assembly being completed on the 26th of Feb- ruary, an adjournment was agreed to, but to meet again on the first Wednes- day in June, at Windsor. The governor and council, however, continued in session at Bennington until the 10th of March, when they adjourned to Arling- ton, and there transacted business as the board of war.
The board took immediate steps to defend the northern frontier, and de- clared the line to which defense would extend to be the north line of Castle- ton, the west and north lines of Pittsford to the foot of the Green Mountains; and they recommended the inhabitants living north of these lines to move with their families to the south of them. Measures were also taken for the defense, but volunteer recruits, notwithstanding the exertions of the officers, do not
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SPECIAL SESSIONS.
seem to have been promptly forthcoming ; therefore on the 2d of April, a let- ter was sent to Colonel Gideon Warren, directing him to forthwith furnish by draught, (draft) one captain, one second lieutenant, and "fifty able- bodied, effective men," and to have each of them armed and equipped for the defense of the northern frontier. Similar orders were also sent to Colonels Fletcher, Her- rick and Marsh.
A special session of the governor and council was convened at Arlington, on the 29th of April of this year, at which time was considered the action of this body, also of the Assembly, taken at the February session and relating to the banishment of Tories and persons guilty of enemical conduct; and it was here ordered, in specified cases, that punishment be suspended until a decree of the council be obtained.
Of course much other important business relating to the public welfare and defense was transacted, the events of which kept the board together at Arling- ton until the 14th of May, at which time an adjournment was had, to meet with the Assembly at Windsor, at the session appointed to be held there in June.
The session at Windsor was quite brief, and there was no specially import- ant business transacted, except, perhaps, the fact that, upon the advice of the of the council, the governor issued a proclamation of pardon to all of the politi- cal offenders under the previous act of Assembly ; being persuaded to extend this pardon by the fact as stated in the proclamation, as follows: "And whereas the supreme authority of this State arc ever willing to alleviate the miseries of those unhappy subjects who transgress laws through mistaken notions, in re- mitting the penalties thereof. And inasmuch as equal punisliments (in this case) cannot be distributed without punishing the righteous with the wicked, I have therefore thought fit," etc.
The Assembly adjourned without day on the 4th of June, but the council continued in session until the 12th, sitting a portion of the time as board of war. But the council was soon called together again, for on the 29th of July they met in special session at Arlington, to take cognizance of certain matters that related to the State's defense on the frontier, which was constantly in a state of disquiet from the enemy's invasions. The council remained at Arling- ton until the fore part of August, and tlien adjourned.
Next comes the new legislature for the fiscal or current year, 1779-80. The various branches were assembled at Manchester, on the 14th of October, and upon a canvass of the returns the following State officers were found to be elected: Thomas Chittenden, governor; Benjamin Carpenter, lieutenant-gov- ernor; Joseph Bowker, of Rutland, Moses Robinson, of Bennington, Jonas Fay, of Bennington, Timothy Brownson, of Sunderland, Paul Spooner, of Hartland, Jeremiah Clark, of Shaftsbury, Benjamin Emmons, of Woodstock, Ira Allen, of Colchester, John Fassett, jr., of Arlington, John Throop, of Pomfret, Samuel Fletcher, of Townsend, and Thomas Chandler, jr., of Chester, councillors; sec-
116
HISTORY OF BENNINGTON COUNTY.
retary, Joseph Fay. The session at Manchester, on part of the Assembly, ... least, was of brief duration, and but few laws were enacted; but still that bo !. was enabled to adopt a series of resolutions and other measures, part of which were advisory in their nature, that brought about substantial results looking to the public welfare. Early during the session it was "resolved that there be a board of war chosen, to consist of ninc persons, five of whom to be a quorum, to conduct the political affairs of the present war in the northern department of this State the ensuing year."
It was certainly suggestive of something unusual in the political history of the State at that time, that a board of war should be chosen to conduct its po- litical affairs in the northern department. It would have been entirely proper that the board of war be formed to look to the military operations in that quar- ter. But the reader will understand that this resolution was passed at a time when every effort at independence made by Vermont was opposed by adjoin- ing States, and Congress also had thus far neglected or avoided any decisive action relating to the question, and had even gone so far as to dismiss the sub- ject of Vermont's petition. But before that final dismissal there was published to the world "Vermont's Appeal," to which allusion is made in the preceding chapter. A reference to that proceeding and the address made at the time, will serve to enlighten the rcader concerning the precisc meaning, or better, perhaps, the true inwardness of the resolution quoted above. In one instance the learned writer, in remarking upon the attitude and proceedings on the part of New York, says : " When they think their State from many circumstances, is become the great key of the continent and to affront them must be very det- rimental to the confederacy; but let New York remember, that we have a north- ern as well as they a southern key, and are determined to maintain and sup- port our independence and freedom, or take refuge in that blesscd State; where the small are great, and the servant is free from his master."
Another prominent writer concerning this samc resolution says : "It may be surmised that even the originator of the resolution contemplated the policy which was adopted a year later, and successfully carried out in the Haldimand correspondence. This phraseology is found in the writings of both Ethan and Ira Allen, who were conspicuous in the subsequent correspondence." The Hal- dimand correspondence, as will be found in succeeding pages, embraced the ne- gotiations between the representatives of Vermont, on the one hand, and the British authorities in Canada, on the other. By a possible union the British emissaries believed they could acquire much strength and assistance in carry- ing forward the war against America ; and believed, also, that on account of the controversy existing between New York, New Hampshire, and Massachu- setts, all being apparently opposing the single State of Vermont, though not unitedly, that the inducements England could hold forth to the distressed Ver- monters would bring her readily under the British standard. But Vermont en-
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117
THE BOARD OF WAR.
tered into these negotiations with the view only of keeping the enemy off her territory during the period of her distress, and the more quickly to induce Con- gress to recognize her independence as a State of the Union. With those who labored most earnestly to this end, and, in fact, with all faithful residents, the end justified the means of its accomplishment. Therefore, at the time the res- olution above quoted was passed, it seems that this plan had been considered by those high in authority, and in the secret councils of the leaders, and that this was the first move in that direction.
The resolution that provided for the appointment by the board of war was duly passed, and in accordance with it the names of eighteen persons were pre- sented, from whom the board was chosen as follows: His Excellency Thomas Chittenden, Ira Allen, Joseph Bowker, Ebenezer Allen. Joseph Bradley, Sam- uel Fletcher, Benjamin Wait, Jonathan Fassett, and Timothy Brounson. How- ever, on his own request, Governor Chittenden was excused from serving on the board, and Samuel Robinson was chosen in his place. Thus was consti- tuted the board of war for the year next ensuing.
On the 27th of October the members of the new created board met at Man- chester, and organized by the election of officers. Timothy Brounson was cho- sen president, and Ira Allen secretary.
Another somewhat important proceeding of the Assembly was the election, by ballot, of the judges of the Supreme (Superior) Court for the next year. This was done on the 21st of October. The judges elected were Moses Robinson, John Shepherdson, John Fassett, jr, John Throop and Paul Spooner.
The power of military authority having been delegated to the board of war, the governor and council thenceforth devoted their attention to the civil prog- ress of the State. They held an adjourned session at Bennington, commenc- ing November 8th, and continuing five days, after which an adjournment was agreed to, to meet at Arlington on the 21st of December; but important events occurred that necessitated an earlier meeting, and the body therefore convened at Arlington on the 8th of December. It was here resolved " that the manu- script entitled 'Vermont's Appeal to the Candid and Impartial World,' con- taining a fair stating, etc., exhibited by Stephen R. Bradley, be published and promulgated to the States of America."
The session at Arlington, commenced on December 2 Ist, continued but one day, and the business then transacted was of no particular importance.
The year 1780 does not appear to have been marked by any distinguishing features that are worthy of special mention in these pages, other than the events relating to the controversy in which Congress should have acted, which have already been sufficiently referred to in carlier chapters. The various branches of the State government were duly attended to, the civil affairs by the gover- nor and council and the Assembly ; the adminstration of the law by the judi- ciary of the State, and the military affairs by the board of war. Of these bod-
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118
HISTORY OF BENNINGTON COUNTY.
ies the governor and council and the board of war were the most pressed wi:l. business, the former holding meetings at Manchester, January 26; at Arling- ton, February, 29; at Westminster, March 9; at Arlington, June 7, July 4, and July 13 ; at Bennington July 24, August 18, and October 12, upon which lat- ter occasion the new State officers entered upon the duties of their offices.
At the same time the board of war was in almost constant session, hold- ing meetings, prior to the general election, at the following places. At Ar- lington in February, April, July, August and perhaps elsewhere, and other times.
During this period the General Assembly met but once, at Westminster, in March. After the State election in October, 1780, the Legislature assembled at Bennington, where the returns were received, and the following officers declared to be elected for the succeeding year: For governor, Thomas Chittenden; lieu- tenant-governor, Benjamin Carpenter; councillors, Joseph Bowker. Moses Rob- inson, Jonas Fay, Timothy Brownson, Paul Spooner, Jeremiah Clark, Benjamin Emmons, Ira Allen, John Fassett, jr., John Throop, Samuel Fletcher and Thomas Chandler, jr. Joseph Fay was chosen secretary, and after February 8, 1781, Thomas Tolman as deputy secretary.
On the 17th the board of war for the ensuing was appointed, viz .: Timothy Brownson, Ira Allen, Samuel Robinson, Joseph Bowker, Stephen l'earl, John Fassett, jr., Benjamin Wait, Samuel Fletcher and Thomas Murdock. To this body was entrusted the duty of maintaining the frontier defenses for the year. The frontier towns, in which it was necessary to station a guard of militia, were designated by an act of the Assembly passed for the purpose, and were these: Arlington, Sandgate, Rupert, Pawlett, Wells, Poultney, Castleton, Rutland, Pittsford, Clarendon, Tinmouth, Wallingford, Danby, Shrewsbury, Newfane, Townsend, Londonderry, Bromley, Andover, Cavendish, Pomfret, Woodstock, Bernard, Royalton, Bethel, Newburg, Barnet, Ryegate, Maidston, Guildhall, Lunenburg, Stratford, Manchester, Reading, Wethersfield, Athens, and Hert- ferd.
This law was passed not so much for the establishment of an armed force . in each town to guard against the incursions of the common enemy, for, while this may have been its purpose in some instances, the greater cause of its adop- tion was for the purpose of exercising a restraining influence over a class of people whose acts, if not watched, might be injurious to the cause of Vermont. The purpose of this military organization is aptly explained in the preamble of the act : " Whereas, it is found that sundry persons, living in the frontier towns of this State, who do not feel themselves in any danger from the common enemy, and refuse their personal assistance in the defense of such frontier set- tlements; and we have reason to fear, hold a secret and traitorous correspond- ence with, and as occasion offers, harbor and conceal the enemies of this and the United States." At this period the welfare and prosperity and safety of the
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119
INCREASE OF TAXES.
State were more in danger from the secret foes within, than from the avowed enemies without her territory ; therefore it became necessary to adopt heroic or radical measures to enforce obedience to the law.
Although the authorities of the State had always done everything in their power to lessen and keep down the burden of taxes upon the people, yet, do what they might, the rate was gradually increasing with each succeeding year. In March, 1778, when the State government was first organized, Ira Allen said: "It was thought good policy not to lay any taxes on the people, but to raise a sufficient revenue out of the property confiscated, and the ungranted lands. Hence it was found that those who joined the British were benefactors of the State, as they left their property to support a government they were striving to destroy. While the States in New England were severely taxed to carry on the war, Vermont had no taxes to pay. This circumstance greatly promoted immigration into Vermont, and those who came with that view were staunch friends to the new government, and added to its strength and consequence both at home and abroad." And it was the knowledge of the fact that the inhab- itants of Vermont were not burdened with a Federal government tax that, in a measure at least, it is believed, induced the Connecticut and New York towns to seek an alliance or union with Vermont, and by so doing to relieve thiem- selves of the burden created by the war.
During the period of which we remark the expenses of the State govern- ment were by no means small in the matter of salary or compensation paid offi- cials. From the Assembly journal of October 22, 1779, it is seen that the com- mittee to propose a certain salary for the governor reported: "It is our opin- ion that the governor ought to be paid seven hundred pounds in addition to the three hundred pounds granted to him by the Assembly in October last for the year past," etc. And on the 25th thereafter, the Assembly resolved, "that the councillors and representatives be allowed fifteen dollars per day while in ser- vice, and one dollar per mile in coming from their respective places of abode to this place." (Manchester.) Added to this was the expenses of the board of war, for salary and travel fees, which, by the "debenture" for August 21, 1780, was as follows : Colonel Timothy Brownson, one day's attendance, twelve pounds, and four miles travel, three pounds, four shillings ; Joseph Bradley, one day's attendance, twelve pounds, and four miles travel, three pounds, four shillings; Benjamin Wait, two day's attendance, twenty-four pounds, and seventy-six miles travel, sixty pounds, sixteen shillings, and so on-paying their services at the rate of twelve pounds per day, wit'i traveling fees added. By an act of the Assembly, passed in 1779, the judges of the Superior Court were to be paid twelve dollars per day, with the mileage of assemblymen, (one dollar per mile). And another act provided that jurymen, for attending at the Superior Court, should have one pound, ten shillings for each case; and jurymen at Justices' Courts, one pound for each cause tried. County surveyor's fees were fixed at six pounds ten shillings per day.
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120
HISTORY OF BENNINGTON COUNTY.
It would seem by the foregoing statements that the fees and salaries paid : officials were something enormous; and so they were, so far as the payment :... concerned, but the reader must understand that at that period, Continenta. currency (bills of credit) had but little value or purchasing power; therefore ten pound notes were not of the value of ten pounds in standard coin, or other equivalent. At that time Spanish milled dollars were standard, worth one hun- dred cents each ; but we fix the Continental currency worth about as fol- lows, taking one hundred Spanish dollars, and with them purchasing or ex- changing for Continental currency, on the Ist of September, 1778, they would . equal $295 ; September 1, 1779, $1,300; September 1, 1780, $7,200.
. Of course, as is already understood, the greater portion of the revenue raised for the maintenance of the several branches of State government-the legisla- tive judiciary and the military-were derived from the seizure and sale of con- fiscated property, and the grants of unsettled lands; and this practice was con- tinued on a larger scale as more funds were required. Congress, by the reso- lutions of September and October, 1779, had forbidden this being done, as such acts, says the resolution, " are highly unwarrantable and subversive of the peace and welfare of the United States." But the authorities of Vermont could not do otherwise than to continue to confiscate and make grants, unless they wholly renounced their claim to independence and accepted the authority of New York, thus becoming subjects of that State, and liable to its proportion of op- pressive burdens, which they had no thought of doing.
The Legislature at its session in Bennington, in October, 1780, determined to reorganize its military forces, and place the same upon a substantial war foot- ing. For this purpose the board of war was authorized to call out the militia for nine months' service, and this term was afterward increased to eleven months. To maintain the same in the field on the frontier the Assembly laid a provision tax on the several towns for the purpose of supplying the army with this necessary article. Ten towns in what is now, and was in 1780, Benning- ton county were subject to this tax, they, with the contribution expected from each, being as follows:
TOWNS.
Pounds of Flour.
Pounds of Beef.
Pounds of Salt Pork.
Bushels of Corn.
Bushels of Rve.
Pownał
10, 5433
3.514
1,757
294
1.47
Bennington
16,025
5.3413
2,670}
413
2063
Stamford.
750
250
125
21
12
Shaftsbury
12,559
4,186g
2,0931
354
177
Arlington ..
5,356
1,785
8923
1 50
75
Sandgate ..
514
1 80
90
18
9
Sunderland.
2,707
902}
4511
78
39
Manchester.
6,867
2.289
1,1443
188
94
Rupert.
3,256
1,089
5443
90
.
45
Dorset.
3,000
1,000
500
S.4
42
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121
STATE FINANCES.
Many other, in fact all the organized townships of the State were called upon to contribute to the gross amount of supplies needed for this campaign, but as they form no part of Bennington county, as it is to-day, they are omit- ted from this table, as a report of them would not be of interest to the local readers. By this measure it was designed to raise for the army stores the gross amount of 72,781 pounds of good beef, 36,389 pounds of salted pork, 218,309 of wheat flour, 3,068 bushels of rye, 6, 125 bushels of Indian corn, collected at the cost of the respective towns, according to their quotas.
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