USA > Vermont > History of eastern Vermont, from its earliest settlement to the close of the eighteeth century with a biographical chapter and appendixes > Part 27
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"Third ; we think it would much conduce to the happiness of this county, to have a court of justice, as soon as may be, pro- perly organized, to take cognizance of all criminal actions. At the same time, we desire that men of character, integrity, know- ledge, and virtue, who belong to our own county, may sustain the offices in such an important department. The ancient trial by jury we have a great veneration for. It is a noble barrier against tyranny. In order that our future courts may be sup- plied with grand jurors, we humbly request that the Honoura- ble Congress would adopt the following method for this county, viz. that each town through the county at their annual meetings shall elect their proportion of men who shall serve as grand jurors the ensuing year, and that their names shall be properly returned in the clerk's office, in order that the jury when so chosen may inform the advocates who shall prosecute criminal
260
HISTORY OF EASTERN VERMONT.
[1776.
actions, of all misdemeanors in the county, passing within their knowledge. The petit jurors, in like manner, we would be glad might be chosen annually, and that their names being enrolled may be returned in the clerk's office, and when so returned may be drawn by lot for the service of the ensuing year. The gen- tlemen of the law (if they should be thought necessary) we hope may be men of integrity, learning, and ability. In a par- ticular manner we desire, and insist on it, that no freeholders or men of interest in a civil action on the first process shall be apprehended by capias, but that they may be summoned ac- cording to ancient usage ; excepting under certain circum- stances, when there is not a sufficiency of estate to answer debt and cost ; that constables as well as sheriffs may have power to serve all processes ; that all deeds may be recorded by the town clerk in each town; that attorneys' fees and all other exorbi- tant fees may be lowered and reduced to the standard of justice.
"Lastly ; we beg leave to suggest that, in our opinion, a fre- quent change of magistrates tends to prevent corruption, and keep up that equality of mankind in which by nature we are all formed. Therefore, we humbly request we may be indulged in this particular. We desire that each town in this county may nominate their own justices, and that they may not be appointed without such nomination. That justice, religion, and virtue may prevail in this colony, and that peace and tran- quility may be restored through America, is the sincere desire of the committee of safety for Cumberland county."*
Such were the terms in which were conveyed ideas, honor- able both to those who suggested and to those who adopted them-ideas, which, in their execution, contemplated the es- tablishment of those principles which regulate communities and exalt nations. Another important topic discussed on this occasion, was that relative to the right of the New Hamp- shire Grants to secede from New York. Several of the mem- bers, representing a large constituency, favored a union with Massachusetts. Owing to this cause, a letter addressed to the members of the Provincial Congress was prepared on the 21st of June, and the representatives of the county were desired to deliver it at New York. The views advanced in this communication were expressed in these words :
* MS. records Cumberland Co. Com. Safety. In connection with the propo- sitions suggested by the committee of safety and narrated in the text, they also expressed a desire that a court of Probate might be established in the county.
261
LETTER TO THE PROVINCIAL CONGRESS.
1776.]
" Upon the receipt of handbills from you, sent to us, purport- ing the expediency of instituting civil government according to the exigencies of the county, the major part of the people have agreed thereto, and have elected their delegates, and empow- ered them with their authority, to agree with you in forming a mode of government independent of the Crown, in the most mild, just, and equitable manner possible, for regulating their in- ternal police, and for the preservation of the rights, liberties, and property of the people. This power is subjected, nevertheless, to those regulations, conditions, and restraints herewith trans- mitted you by the hands of the delegates of this county ; to all which they are, by their constituents in the premises, limited and restrained in such manner, that if they break over and vio- late those sacred instructions herewith sent you in behalf of us and our constituents, in matters of such infinite importance and delicacy, the county committee declare, in behalf of the free, patriotic people thereof, that they mean to, and hereby do resolve, to reserve to themselves the full liberty of an absolute disavowance thereof, and of every clause, article, and para- graph of such an institution.
" Also, it is hereby acceded to, and fully meant and intended by the good people of the county, that they, notwithstanding this compliance with the requisition of the said handbills above mentioned, so directed to us for the purposes aforesaid, have fully and absolutely reserved to themselves and their heirs, &c.,, the full liberty of pursuing their former petition in behalf of the people, prepared some years ago, and referred to the great and General Assembly of the ancient, ever respectable, and most patriotic government of the Massachusetts Bay province, that the whole district described in the said petition, may be hereafter reunited to that province ; and reserving to themselves also the right of offering their pleas, arguments, and proofs, in full, to effect a reunion thereof, to that ancient jurisdiction, for those important reasons to be adduced when, where, and before whom the parties concerned shall be admitted to offer the same."
This letter was signed by James Clay, chairman of the com- mittee, and was attested by the clerk. As soon as the majority of the members had assented to it, Elkanah Day, John Bridg- man, and John Norton, entered their protest against the decla- rations and assertions which it embodied ; and when, shortly after, it was carried to New York, their names appeared among
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HISTORY OF EASTERN VERMONT.
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the opposition. Both of these productions, neither of them especially remarkable for beauty of expression or grammatical accuracy, were of great weight in regulating the future conduct of the Provincial Congress, with respect to Cumberland and Gloucester counties .*
At another meeting of the committee, which commenced on the 23d of July and ended on the 26th, the attendance was not as great as on former occasions. Eighteen delegates were pre- sent from fifteen towns. Several questions respecting the well- being of the county were entertained. Some of them received final action. The further consideration of others was postponed. In a case of bastardy which was reported to the committee, the defendant gave bonds in the sum of £50 to answer the com- plaint which would be made against him at the expiration of a certain specified time. One man who had been arrested, charged with counterfeiting the colonial bills, was released. Another, who had been imprisoned for the same crime, was tried, and, although not declared guilty, the circumstances con- nected with the case were ordered to be published in "the gazette," and the prisoner was required to discharge the costs of the suit as the condition of his release. The words, "paid up," which appear at the foot of the record, are evidence that the prisoner was glad to escape on the terms prescribed. To a widow who sought to be avenged of her adversary, the com- mittee lent a willing ear and a helping hand. The doughty old soldier of Dummerston, Lieut. Spaulding, was cited to answer "for his conduct in taking Col. Wells by military force, that mode of proceeding being contrary to the minds" of the com- mittee. Polite and valiant, his apologies were ample, and the complaint was dismissed. To ensure safety, a quantity of powder which had been lately received, was deposited in one of the jail rooms of the court house, and a sergeant and four privates were detailed to guard it by night, and a sergeant and two privates by day. That they might not want, "Necessary vittling and half a pint of rum to Each man once in twenty- four hours" were supplied. When a proportionate division of the powder was ordered, it was ascertained that the share of the lower regiment was eleven hundred and ninety pounds, and · of the upper regiment, six hundred and ten pounds. t The detec-
* Journal N. Y. Prov. Cong., i. 587; ii. 272.
+ From this statement, it would seem that the committee of safety were in possession of eighteen hundred pounds of gunpowder. The quantity appropriated
263
THE NEW YORK PROVINCIAL CONGRESS.
1776.]
tion of spies and informers being regarded as especially desir- able, "the utmost protection" of the committee was promised to the person who should give information of "any criminal correspondence" carried on between any of the inhabitants of the county " and the King's officers in the army at Canada." From the abstract of the records of the county committee of safety which has been given in the preceding pages, an idea may be formed of the powers which were lodged in that body ; powers civil, military, legislative, executive, and judicial .*
At the commencement of the session of the New York Pro- vincial Congress, on the 9th of July, Simon Stevens and John Sessions were in attendance. They were afterwards joined by Joseph Marsh, and Cumberland county was for several months well represented in the Congress. During the remainder of the year, the meetings of the Congress were rotatory. Yielding to the necessity of the times, the members assembled either at White Plains, "in the church at Harlem," at Kingsbridge, "at the house of Mr. Odell" on Philipse's Manor, or in the Episcopal or Dutch church at Fishkill, these being places which afforded the greatest facilities for the transaction of business, and at the same time permitted communication with the American army. On the second day of the session, the title of the body was changed by a resolution, from that of "The Provincial Congress of the Colony of New York," to that of "The Convention of the Representatives of the State of New York." This alteration was adopted to prevent the recurrence of mistakes which had already been made by confounding the Congress of New York with the Congress of the United States. It was also significant of the times, for the idea of subjection conveyed by the word colony was not to be found in the word state, and the dropping of the word provincial, removed whatever else there was in the former name suggestive of the supremacy of Great Britain.
Supplies of gunpowder had already been voted to Cumber- land and Gloucester counties. For the purpose of rendering their situation more secure, the Convention directed the com- missary, Peter T. Curtenius, to deliver to John Sessions, three
to Cumberland county by the New York Provincial Congress, on the 30th of June, 1776, was ten barrels, of one hundred and fifty pounds each, and to Glouces- ter county, on the same occasion, ten barrels of one hundred pounds each. Under date of July 10th, 1776, it was stated that Col. Marsh would convey the powder to its destination, " via Connecticut river."-Journal N. Y. Prov. Cong., i. 511, 519.
* MS. records Cumb. Co. Com. Safety.
264
HISTORY OF EASTERN VERMONT.
[1776.
thousand pounds of lead for the use of the county of Gloucester, and four thousand five hundred pounds of the same metal for the use of the county of Cumberland. Mr. Sessions was desired to forward the lead to the general committees of the two coun- ties "in the most safe and expeditious manner," and the com- mittees were required "to attend carefully to the disposition" of this supply among the militia for whose use it was intended .* Attention was then directed to the adoption of means for de- fending the northern and western portions of the state. Exposed to the inroads of the Indians, some of the inhabitants of the more distant sections of Albany county, and many of the inhabitants of Tryon, Charlotte, Gloucester, Cumberland, Ulster, and Orange counties, had already removed into the interior, and others were preparing to change their place of residence as soon as they could select more secure localities. To prevent these removals, and to afford protection against the savages, the Convention re- solved, on the 23d of July, to raise ranging parties in the above
* Of the value of lead during the revolution, and of the means which were sometimes resorted to, to procure it, some opinion may be formed from the annexed extracts, from the Journal of the New York Provincial Congress :
"March 25th, 1776. Ordered, That Mr. Samuel Prince be and he is hereby authorized to employ proper mechanics for that purpose, and to take the leads out of the window-cases of the City Hall of this city, and also out of the Exchange in this city of New York; to keep an account of the weight of lead taken out of each building separately, that the weight of lead taken out of each may be known, and that Mr. Prince cause the said lead to be delivered to Mr. Curtenius, or his order." i. 384.
"June 29th, 1776. Whereas, it has been represented to this Congress that lead will speedily be wanted for the use of the army in the defence of this city and Colony : Therefore,
" Resolved, That Messrs. Daniel Dunscombe and Samuel Prince be requested and authorized, and they are and each of them respectively is hereby authorized, and empowered, and requested to take to their assistance such persons as they may think proper, and forthwith to cause all the lead of the windows in this city, and also all the leaden weights, (except such small weights as are in use in the course of trade,) to be collected and delivered to Peter T. Curtenius, Esqr., for the use of this Colony, taking his receipt for the same ; that a particular account be kept of the lead taken out of each house, in order that the respective proprietors may receive compensation for the same." i. 511.
"July 11th, 1776. Resolved, That the general committee of the county of Tryon, be and they hereby are authorized and requested to employ proper persons to take the leaden weights out of all the windows in the said county, and apply so much thereof as may be immediately necessary, to the use of the militia of the said county ; that an exact account be kept of the quantity taken from each house, to the end that payment may be hereafter made for the same; and that the said committee do transmit an account thereof to this Convention with all convenient speed." i. 521.
265
ORGANIZATION OF RANGING COMPANIES.
1776.]
named counties, to scour the woods and expel the Indians who infested them. Cumberland and Gloucester were ordered to raise, together, two hundred and fifty-two men, "for the joint defence of both counties." This force was to be divided into four companies, and each company was to consist of one captain, two lieutenants, three sergeants, three corporals, and fifty-four privates. The commissioned officers were to be nominated by the mutual consent of the committees of both counties, and it was recommended that they should be "persons of sober and active dispositions." The command of the companies was vested in a major, to be appointed by the Convention. This officer was required to " march to the relief of any of the neighboring coun- ties or states, upon a mutual application from the county commit- tees of such respective counties or states, or upon an application from the continental officer commanding in the northern depart- ment." A provision was, however, inserted, by which " the con- tinental officer" was not permitted to order the companies beyond the limits of the counties of Cumberland, Gloucester, and Char- lotte. The pay of the officers and privates was the same as that of the continental troops. A bounty of $25 was allowed to each non-commissioned officer and private "upon his passing muster."* In lieu of rations, a certain sum was paid, weekly, in the follow- ing ratio. To each captain, 16s. ; to each lieutenant, 14s. ; and to each non-commissioned officer and private, 10s. The officers and privates were required to furnish themselves each, "with a good musket or firelock, powder-horn, bullet-pouch and toma- hawk, blanket and knapsack." Such were the more striking features in the organization of the ranging companies, as after- wards established in the counties of Cumberland and Gloucester. The plan adopted for the other counties in the state, did not differ from that above detailed, except in a few unimportant particulars. On the day following the passage of these mea- sures, Joab Hoisington, of Windsor, on the recommendation of the members from Cumberland county, was unanimously ap- pointed by the Convention to the office of "major of the rangers," and the secretary was ordered to prepare his commission.}
* By a subsequent resolution, one half of this sum was to be paid "to every able bodied man" who should pass muster ; the other half as soon as " the first muster roll of every company " should be received by the Convention. For the payment of the first half of the bounty, the sum of £1200 was advanced to the deputies of Cumberland county .- Journal N .Y. Prov. Cong., i. 539, 640.
t As the style of this commission is somewhat novel, a copy of it is here inserted.
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HISTORY OF EASTERN VERMONT.
[1776.
In consequence of this organization, the Convention ordered Mr. Curtenius to deliver to Messrs. Marsh, Stevens, and Ses- sions, " for the use of the rangers and inhabitants" of Cumber- land and Gloucester counties, the supply of lead which had been previously allotted to these counties. The deputies were also supplied with two thousand flints, and the treasurer of the state was directed to advance the sum of seventy pounds to enable those gentlemen to transport the lead and flints to the counties for which they were intended. By the provisions of the militia bill, passed on the 22d of August, 1775,* the sixth brigade of the militia of the province comprised the counties of Charlotte, Cumberland, and Gloucester. For the conve- nience of all concerned, this brigade was divided and another arrangement was effected. The militia of Charlotte county were formed into one brigade, and the militia of Cumberland and Gloucester into another. Of the latter Jacob Bayley, of Newbury, was appointed brigadier-general, and Simon Stevens,
" In Convention of the Representatives of the State of New York.
" To Joab Hoisington, Esqr., Greeting :
" Whereas, this Convention did on the 23d day of July inst. direct and order the raising and embodying two hundred and fifty-two men, officers included, in the counties of Gloucester and Cumberland, for the joint defence of both coun- ties, and of the neighbouring counties and States, to be divided into four compa. nies, to be under the command of a major :
" Now, therefore, we, the representatives of the State of New York, reposing especial trust and confidence in your patriotism, martial valour, vigilance, conduct, and fidelity, do by these presents constitute and appoint you to be major of the said four companies of rangers, so to be raised as aforesaid, for the defence of Ame- rican liberty, and for repelling every hostile invasion thereof. You are, therefore, carefully and diligently to discharge the duty of major by doing and performing all manner of things thereunto belonging; and we do strictly charge and require all officers and soldiers under your command to be obedient to your orders as major; and you are to observe and follow such orders and directions from time to time as you shall receive from this or a future Convention of the State of New York, or the Congress of the United States of America, or Commander-in-Chief for the time being of the army of the United States of America, or any other, your superior officers, according to the rules and discipline of war, in pursuance of the trust reposed in you.
" This commission to continue in force until the end of the present war, unless sooner revoked by the Congress of the United States of America, or the Conven- tion or Legislature of the State of New York.
" Dated at White Plains, in Westchester county, the twenty-fourth day of July, one thousand seven hundred and seventy-six.
"By order of the Convention."
-Journal N. Y. Prov. Cong., i. 540, 541.
* See ante, p. 249.
267
JOINT MEETING OF COMMITTEES.
1776.]
of Springfield, major .* Although, on account of their poverty, the inhabitants of Cumberland county were unable to give but little pecuniary assistance towards carrying on the war, yet the state of New York did not on this account withhold from them her aid. The return which they made by levies of men was, it is true, a partial recompense for the means of defence with which they were furnished. But there was wanting on their part the spirit of hearty co-operation, a spirit without which division is made certain and defeat invited.+
As soon as the resolutions of the Convention in regard to the ranging companies had been officially published, a joint meet- ing of the committees of Cumberland and Gloucester counties was notified for the purpose of nominating the commissioned officers. Pursuant to the notification, thirteen members of the two committees assembled at the town-house in Windsor on the 6th of August. In settling preliminaries, it was agreed that three of the captains and four of the lieutenants should be inhabitants of Cumberland county, and the remainder, one captain and four lieutenants, from Gloucester county, The ap- pointments from the former county having been made, it was thought best, on account of the small attendance from Glou- cester county, to call another meeting before completing the list of officers. This sentiment was favorably received, and a com- mittee of four from Cumberland county were instructed to co-operate with the general committee of Gloucester county in making the remaining nominations. In the course of the fol- lowing week the business was completed, and return was made to Major Hoisington that he might obtain the necessary com- missions from the New York Convention.}
* The original MS. commission of Major Simon Stevens, is now in the possession of the Hon. William M. Pingry.
+ Journal N. Y. Prov. Cong., i. 515, 519, 521, 538-540, 543, 551, 552.
# Much dissatisfaction seems to have prevailed at the time as to the manner in which the meeting at Windsor was conducted. By the records of the committee it appears that thirteen members were present. Another account states that ten only were present, of which number nine were from Cumberland, and one from Gloucester county. James Clay, who was chairman on the occasion, was unwill ing to proceed with business, not only on account of the smallness of the attend- ance, but also on account of the shortness of the time, six days, which had inter- verned between the time of notification and the time of meeting. These objec- tions were, however, overruled by Major Hoisington, who declared that a quo rum was not necessary to transact the business for which they had assembled. The title of Major, it is evident, was peculiarly flattering to the vanity of Hoi- sington. The power with which it invested him, namely, the direction of two
268
HISTORY OF EASTERN VERMONT.
[1776.
The dissatisfaction with the jurisdiction of New York, which on the western side of the Green mountains had again become prevalent, was now beginning to show itself in another quarter. At a meeting which had been held at Dorset, on the 24th of July, on which occasion fifty-one delegates from thirty-five towns were present, a resolution had been passed, one member only dissenting therefrom, that " suitable applications" should be made to obtain the formation of the New Hampshire Grants " into a separate district." By another resolution, a committee had been appointed " to treat with the inhabitants on the east side the range," for the purpose of obtaining their consent to this project. An association had been formed, expressive of the views of the mountaineers on the subject of the war, and an adjourned meeting had been agreed on .*
When the committees of Cumberland and Gloucester counties assembled at Windsor, on the 6th of August, as previously men- tioned, to nominate officers for the ranging companies, Heman Allen, Jonas Fay, and William Marsh, the Dorset committee, were also present. Various papers were read by them bearing upon the subject of a separate jurisdiction ; the boundaries of a new state were described ; and the approbation of the commit- tees was sought to the projects of the Dorset convention. In
hundred and fifty-two men, led him to utter many indiscreet words, and to per- form not a few injudicious actions. When, on one occasion, he received orders from General Gates, to the effect that Capt. Wait's company, belonging to the ranging service, should guard the Crown Point road, which extended from Con- necticut river to Lake Champlain, he replied, falsely, that the rangers were not raised for such service, and, disregarding the order, wrote for his men to march immediately to Newbury, where he was then stationed.
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