USA > Vermont > Records of the Council of Safety and Governor and Council of the State of Vermont, to which are prefixed the records of the General Conventions from July 1775 to December 1777, Vol. I > Part 16
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1 For this counter proclamation to Burgoyne's, see Vt. Hist. Soc. Coll., vol. I, p. 182.
135
Council of Safety-July 8 to Aug. 15, 1777.
and the proceeds paid to the Treasurer of the Council of Safety, for the purpose of paying the bounties and wages of a regiment forthwith to be raised for the defence of the State. The Council adopted the measure, and appointed officers for the regiment. Samuel Herrick, Esq., was ap- pointed the Colonel, and the men enlisted, and the bounties paid in fif- teen days, out of the confiscated property of the enemies of the new state. This was the first instance in America of seizing and selling the property of the enemies of American independence.1
The Council adjourned to Bennington, and about the time this regi- ment was raising, a party of militia from Massachusetts arrived in the new State. Gen. Schuyler, a citizen of the State of New York, and Commander in Chief of the northern army, no sooner heard of it than he sent orders to the militia of Massachusetts, and to Colonel Herrick's regiment, to repair forthwith to Saratoga ; the militia from Massachu- setts were obliged to obey, according to the regulations of the Continen- tal Congress ; but the Council of Safety superceded General Schuyler's orders, and gave special directions to Colonel Herrick to remain within the State of Vermont. This occasioned some irrascible letters between General Schuyler and the Council of Safety, which were terminated by a peremptory order of Council to Colonel Herrick not to put himself'un- der the command of General Schuyler.2
[From page 44 of the Official MIs. Record of the Council of Safety.]
STATE OF VERMONT, IN COUNCIL OF SAFETY, Manchester, July 15th, 1777.
To Samuel Herrick, Esq .:
We Reposing special trust and confidence in your Patriotism Vali- ours Conduet and Fidelity do by these presents Constitute you to be Lieutenant Colonel Commandant of a Regiment of Rangers Raised within this State for the Immediate defence thereof, and to be under the Special direction of this Council or the Commander in Chief of the
1 In 1808 Allen repeated his claim to this honor, which he could hardly have done had it been controverted by any body. Gov. HALL says in reference to Allen's claim : "Such is believed to be the fact, though the measure was afterward pursued in all the states." Not until Nov. 27, 1777, four months after the Vermont Council of Safety had adopted Al- len's project, did Congress recommend the same course to all the states. -H. Hall's Early History, p. 260 ; and Journals of Congress, 1777-78, vol. III, p. 423.
2 Ira Allen's History, in Vt. Hist. Soc. Collections, vol. I, pp. 384-5. D. P. THOMPSON, in his address before the Vt. Historical Society in 1850, gave a very spirited sketch of a debate in the Council on the defection of Benjamin Spencer and the vital question of military supplies, pur- porting that it occurred on the day PAUL SPOONER wrote to Gen. BAY- LEY of Spencer's conduct; but, alas! it was all fiction. IRA ALLEN fixed the decision of the supply question (confiscation) before the adjournment of the Council of Safety to Bennington-of course between the 11th and 15th of July, on which day Herrick was commissioned Colonel as the first result of Allen's policy,-while Spooner's letter to Bayley was dated on the 11th of August following. The truth of history forces this unwelcome marring of Mr. Thompson's pretty picture.
136
Council of Safety-July 8 to Aug. 15, 1777.
Army Commanding the department the East side of Hudson's River; You are therefore carefully and diligently to discharge the duty of a Lieutenant Colonel Commandant, by doing & performing all man- ner of things thereunto belonging-And we do Strictly Charge and Re- quire all officers & soldiers under your Command to be obedient to your orders as Lieutenant Colonel Commandant. And you are to observe and follow such orders and directions from time to time as you shall re- ceive from this Council or the Commander in Chief of the Army afore- said, or any other your Superior officer according to the Rules and dis- cipline of War. In pursuance of the Trust reposed in you, this Com- mission to Continue in force until the first day of January next.
By order of Council,
THOMAS CHITTENDEN, Prest.
Attest, IRA ALLEN, Secy.
Benjamin Wait was appointed Major of Herrick's regiment Sept. 3. 1777; Elisha Clark Adjutant, and James Walworth Quarter-Master, Aug. 24.
IN COUNCIL OF SAFETY, STATE OF VERMONT, Bennington, 28 July, 1777.
To : You are hereby required (agreeable to a previous resolve of this Council) to seize all lands, tenements, goods and chattels, of any person or persons in this State; whom you know or may here- after learn, to have repaired to the enemy, and a true inventory thereof to take, and return to this Council, except articles as are wanted for the use of the army; which are wanted at Manchester or elsewhere, where there is a contractor to receive and pay for them. You will appoint three persons noted for good judgment, who are, after being duly sworn, to apprize the same; and all other movable effects you are to sell at pub- lic vendue, except such necessaries as humanity requires for the support of such families. And after paying necessary charges you are to remit. the remainder of the money to this Council. You will take the natural and artificial marks of every creature you shall receive, or take, and their age, from whom they came, for what sold, and to whom sold. You are to lease out all such lands and tenements at a reasonable price, not ex- ceeding two years, giving the preference to such persons as have been drove from their farms by this war. You are further authorized to arrest any person, or persons, you shall have sufficient grounds to believe are ene- mies to the liberties of this and the United States of America, and all such persons as you shall arrest you will seize all their movable effects (where there is danger of their being embezzled) and keep in safe cus- tody until after trial. If they are acquitted, to give unto such person or persons such seizour; but if found guilty, to make return to this council. You are to call to your assistance such person or persons as you shall find necessary, keeping regular accounts of all your procedures.
By order of Council.
IRA ALLEN, Secy.1
1Vt. Hist. Soc. Coll., vol. I, p. 191. Of course quite a number of com- missioners must have been immediately appointed, whose names were in the lost minutes. Lieuts. Peter Roberts, Martin Powell, Silas Wat- son, and Ebenezer Hyde; Capt. John Simonds; and Capt. Jonathan, David, and Benjamin Fassett, were probably among the first commis- sioners appointed.
137
Council of Safety-July 8 to Aug. 15, 1777.
" A proper fund for state use being thus secured, a regiment of ran- gers was soon organized under Col. Samuel Herrick, which did efficient and valuable service to the state and country." 1
[From the Hartford Couran of August 17, 1777.] IN COUNCIL OF SAFETY, STATE OF VERMONT, Bennington, July 28, 1777.
Whereas the inhabitants of the northwesterly part of this State have been necessitated to remove their families by the encroachments of the enemy, and some are removed to the states of Massachusetts Bay and Connecticut :-
These are therefore to earnestly request such men to return and assist in defending this and the United States of America from the ravages of the enemy, as it will be to their honor, and much to their profit, as we have authentic accounts, this moment arrived, that the enemy have evacuated Castleton for fear of devastation by our troops that were gath- ering to pay them a visit; for which reason it is likely that most or all the crops may be saved, if the inhabitants return soon.
By order of the Council, IRA ALLEN, Secretary.
Having learned that Capt. JAMES CLAY, chairman of the Cumberland County Committee of Safety, had been distributing resolutions of Con- gress adverse to Vermont, which had been printed by New York and sent to Mr. Clay for that purpose, August 10, 1777, the Council issued a warrant for his arrest.
" He was accordingly taken before them as a prisoner, [on an order dated Aug. 29th,] and was informed by Col. Thomas Chittenden that he had done wrong in obeying the directions of New York; in notifying a meeting of the County Committee [to hear those resolutions read pub- licly;] in distributing the resolves of the Continental Congress; and in inciting people against the new state. On these charges Clay was de- tained in custody six days. At the end of that period he was allowed to return to his home in Putney." ?
[ From Vt. Hist. Soc. Collections, Vol. I.] IN COUNCIL OF SAFETY, STATE OF VERMONT, Bennington, 11th August, 1777.
Dear Sir,-As the Council is much crowded with business, as one of our Members is with our Enemies, (viz. Esq. Spencer,3) as an attendance
1 Early History, p. 260.
2 Eastern Vermont, pp. 298, 299. That Ira Allen visited Cumberland County at this time and was zealous in counteracting the efforts of New York, appears from the following item in his account against the State, which will be found in Thompson's Vermont, Part II, p. 107:
1777. August 10. To 14 days going into the county of Cumberland- to explain a resolution of Congress-to counteract the policy of N. Y .- to appoint some officers for Col. Samuel Herrick's Regt. of Rangers, pay bounty money, &c., £7 0 0.
8 Benjamin Spencer of Clarendon; see note ante, p. 68.
11
138
Council of Safety-July 8 to Aug. 15, 1777.
of all the Members is required (that are on this side the mountain) to make a quorum, and as some of us want to visit our families, we wish for your speedy attendance on the council, together with the other Mem- bers on the east side of the mountain. We have herewith sent an ex- press to Col. Marsh and Olcott, for one half of their militia. The enemy have pointed their whole force toward Albany and evacuated this State entirely, they have left Ticonderoga with but about 100 men. as we find by our friends, who they have taken prisoners, and have made their es- cape.
Our Army lies at Still Water and recruits are daily passing through this town on their way to join them. Their army is in part as low down as Saratoga, the rest at Fort Edward. Their Indians do some mischief by firing on scattering parties, &c. A subaltern Officer of our Rangers returned last evening with a small scouting party of six men only from Saratoga with two Tory Prisoners, eight head of cattle, a span of horses and a waggon.
Pr Order, PAUL SPOONER, D. Sec'y.
Brig. Gen. Bayley.
Circulars to the Colonels of the State Militia.
[From Vt. Hist. Soc. Collections, Vol. I.]
STATE OF VERMONT, IN COUNCIL OF SAFETY, ! Bennington, 13th Angt. 1777. $
Dear Colo,-By Express this day received from the Commanding offi- cer of the Northern Department, we Learn that a door has now opened for the troops of this State to do Duty on this Side the North River, which will be clear from Gen. Schuyler's Command, and as an Expedi- tion is on foot of the greatest importance, which is to remain a secret till the Troops are Collected, these are therefore the most Positive terms to Require you without a moment's Loss of Time to march one half of the Regiment under your Command to this Place. No small excuse at this Juncture can be received.
Whilst I am writing this we are informed by Express that a Large Body ot the Enemy's Troops Were Discovered two hours ago in St. Koik, 12 Miles from this Place, and another Body at Cambridge, About 18 Miles from this, that they marched Boldly in the Road, and there will Doubtless be an attack at or near this Place within 24 howers. We have the assistance of Majr general Stark with his Brigade, You will hurry what Rangers forward are Recruted with all speed. Now is the time, Sr. I am Sr your Humble Servant.
Sr, I Desire you would By order of Council Send this Express to Gen- eral Baley, Peter Olcott, Col., Colo Marsh.
JONAS FAY, Vice President.
To Maj. Israel Smith of Strafford.
[From Slade's State Papers, p. 197.]
STATE OF VERMONT,
Bennington, in Council of Safety, August 15, 1777.
Sir,-You are hereby desired to forward to this place, by express, all the lead you can possibly collect in your vicinity; as it is expected, every minute, an action will commence between our troops and the enemies',
139
Council of Safety-July to Aug. 15, 1777.
within four or five miles of this place, and the lead will be positively wanted.
By order of the Council, PAUL SPOONER, D. Sec'y. The Chairman of the Committee of Safety, Williamstown, [Mass.]
The same request sent to the Chairman of the Committee, Lanesboro, the same date-sent by Jedediah Reed, Paulett.
Madam-Please to send by the bearer, Jedediah Reed, 6 or 7 lbs. of lead, by Col. Simonds' order. By order of Council. PAUL SPOONER, D. Sec'y. Mrs. Simonds.
OFFICIAL RECORD OF THE
COUNCIL OF SAFETY
OF THE
STATE OF VERMONT.
AUGUST 15, 1777, to MARCH 12, 1778.
CERTIFICATE PREFIXED TO TIIE OFFICIAL RECORD.
The first 20 pages in this Book is left blank for the purpose of Enter- ing the Minutes of the Council of Safety of the State of Vermont from Jany. 1776 [to] the 15th August 17771 during which time Colo. IRA AL- LEN was Secretary and has the Minutes of sd Council in his possession. Certified by Jos. FAY, Sec'y.
' Secretary FAY counted the records of the General Conventions, be- ginning in January 1776, as part of the "Minutes of the Council of Safety of the State of Vermont." It is true that the Conventions were in fact Councils of Safety, but that title belongs technically to the Council of twelve established by the Convention at Windsor, July 8, 1777.
OFFICIAL RECORD
OF THE
COUNCIL OF SAFETY.
AUGUST 15, 1777, to MARCH 12, 1778.
BENNINGTON, 15 August 1777.
A warrant was given to Dr. J. Rhuback to impress a horse to Ride to Gen. Stark's Head Quarters in this Town, drawn in the usual form.1
To Lieutenant Peter Roberts one of the Commissioners of Sequestration:
Sir,-You are hereby directed to forward the Cattle under your care (being 111 head) to New Providence, then and there to Advertise said Cattle and expose them to Sale at Public Vandue, and [keep] fair accounts of said Cattles Natural & Artificial Marks and age with their particular prices and make Returns of the Money with all your proceedings to this Council as soon as may be.
PAUL SPOONER, D. Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, August 16th, 1777. To Colonel John Williams : 2
Sir,-You will proceed with your party Towards the lines, and if the Enemy should retreat, you will Repair to the Road leading from St. Coik [ San Coick] to Hoosach [ Hoosick,] and if you make any discovery, Report to this Council ; At the same time you are to pay proper Atten- tion to the Road Leading from Hoosach to Pownall.
By order of Council, PAUL SPOONER, D. Sec'y.
1 JACOB ROBACK was appointed by the General Assembly, March 20, 1776, surgeon for Captains Ebenezer Allen and Isaac Clark's Com- panies. He acted in that capacity in 1777, and again in 1779.
2 Perhaps Col. John Williams of Salem, N. Y .- See Vt. Hist. Soc. Col- lections, vol. II, pp. 71, 133. There was a Captain John in the revolu- tionary war from Massachusetts, who may have been Colonel of militia.
144 Council of Safety-Aug. 15, 1777, to March 12, 1778.
[ From Vt. Hist. Society Collections, Vol. I, p. 203.]
Read in the New York Council of Safety at Poughkeepsie, August 19th, 1777-forwarded from the Albany Committee.1
STATE OF VERMONT. IN COUNCIL OF SAFETY, - Bennington, 16th August, 1777, 6 o'clock [P. M.] }
Gentlemen .-- Brigr. Gen. Stark from the State of New Hampshire with his Brigade, together with the militia and company of Rangers
'Journal of N. Y. Council Vol. I, p. 1044. This circular is not in the official record. The meagre official account preserved of the services of the Council at this critical period is in a great measure compensa- ted for by the following tribute from Brig. Gen. JOHN STARK :
[From the Hartford Courant of Oct. 7, 1777. Reprinted in Vt. Hist. Soc. Coll., vol. I, p. 228.] BENNINGTON, August 18, 1777.
To the printer of the Connecticut Courant,-The following exertions of the Council for the State of Vermont since the evacuation of Ticonde- roga, Mount Independence, &c., may be depended on as facts which I think justly deserve a space in your useful paper ; you are therefore de- sired to publish the same.
Those Gentlemen were with others attending a General Convention of that State at Windsor, when the above mentioned fortresses were be- sieged by the enemy, who constantly received intelligence of the move- ments of the several bodies. Every method in their power was taken to forward the militia in this and the Eastern States to the assistance of General St. Clair, as well as provisions of every kind. On receiving au- thentic intelligence of the evacuation of those fortresses, and that a stand was to be made at Bennington, the same day, the honorable con- vention, then sitting as aforesaid, appointed twelve members as a coun- eil to transact public business of the state during the recess of the con- vention ; who without delay repaired to Manchester, where Col. Warner's regiment of Continental troops was at that time posted ; which they finding were not a sufficient force to withstand the enemy in case of an attack, exerted themselves in a most spirited manner, and collected the militia of said state, which enabled Col. Warner to maintain that post. At the same time they wrote to the Hon1. the Council of the State of New Hampshire, setting forth in the most pressing terms the necessity of the assistance of the militia of that State to guard so valuable a part of the country from the immediate ravage of the Indians, as was threat- ened by Gen. Burguoyne's manifesto.
The Hon1. the Council of New Hampshire, taking the same under their immediate consideration, ordered a fourth part of twelve regiments to be forthwith drafted and put them under my command, at which time I received orders to march to Manchester and act in conjunction with Col. Warner. After my arrival at that place I received orders from Major General Lincoln, pursuant to orders from General Schuyler, to march my whole brigade to Stillwater, and join the main army then under his command. At the same time requested the whole of the mi- litia (by Gen. Schuyler's order) of the State of Vermont to join him and march to Stillwater as aforesaid. In obedience thereto I marched with my brigade to Bennington on my way to join him, leaving that part of the country almost naked to the ravage of the enemy. The Honorable the Council then sitting at Bennington were much against my marching with my Brigade, as it was raised on their request, they apprehending great danger of the enemy's approaching to that place, which afterwards
Council of Safety-Aug. 15, 1777, to March 12, 1778. 145
raised by this State, with parts of Col. Symond's regiment of Militia, [from Berkshire County, Mass.,] are now in action with a number of the enemy's Troops assembled near this place, which has been for some time very severe. We have now in possession (taken from them this day) four brass field pieces, ordnance stores, &e., and this minute four or five hundred prisoners have arrived. We have taken the ground, although fortified by entrenchments &c., but after being drove about one mile the enemy, being reinforced, made a second stand, and still con- tinue the action. The loss on each side is doubtless considerable. You are therefore in the most pressing terms requested by Gen. Stark and this Couneil to forward the whole of the militia under your several com- mands to this place without one minute's loss of time :- they will pro- ceed on horseback with all the ammunition that can be provided con- veniently. On our present exertions depends the fate of thousands.
I am, gentlemen, your Most Obt. Servant, JONAS FAY, Vice President.
To the Gentlemen officers nearest this place commanding Regiments of Mi- litia in the several United States.
STATE OF VERMONT. IN COUNCIL OF SAFETY, Bennington. 20th Aug., 1777.
Sir,-You are hereby required to raise seventy-five abled-bodied effec- tive men of your Regiment of Militia, exclusive of the common quota of Commissioned officers for such numbers, which number you will Cause to be continued in the Field under the Commandiug officer of the Eastern Militia until the first day of December next, unless sooner dis- charged by such Commanding officer ; Should you find it more conven- ient for part or all such Troops to be relieved before that time, you will do it, Observing always to keep the full number in the Field. Those who ingage are to do it only on the principle of being under the Regulation of the Continental Army during the time they serve, altho' under the command of the above officer.
By order of Council,
THOMAS CHITTENDEN, Prs't. 1
BENNINGTON, August 23, 1777.
David Breakenridge 2 is permitted to remain at his Father's house un- der the care of the Guard at that place until further orders.
we found truly to be the case. They happily agreed to postpone giving orders to the militia to march, by which, together with their repeated applications for the militia of the state of Massachusetts Bay, and sup- plying with arms and ammunition, afforded the greatest assistance in obtaining the glorious and memorable victory over the enemy near this place on the 16th instant, who were determined to have penetrated the country.
I cannot therefore in justice resist giving the Hon1. Council the honor of exerting themselves in the most spirited manner in that most critical time.
JOHN STARK, B. D. G.
1 Probably a eirelar addressed to different officers. The name of the of- ficer addressed, it will be observed, is not given.
2 Son of Lieut. James Breakenridge, of whom see note, post, p. 151.
146
Council of Safety-Aug. 15, 1777, to March 12, 1778.
STATE OF VERMONT. IN COUNCIL OF SAFETY, Bennington, 23d Ang. 1777.
To Asa Baldwin,1 Samuel McCoon, William Underhil, Thomas Baldwin,1 and Moses Veal, [ Vail:]
Notwithstanding your ungratefulness to your Country, & notwith- standing you have by your Conduct forfeited the confidence of your Countrymen, yet nevertheless on the application of Captain Abraham Underhill 2 in your behalf, this Council are Induced out of humanity, to accept you again into friendship on your Voluntary Surrender, and Tak- ing the Oath of Fidelity to the United States of America forthwith and dispensing with the loss you have already Sustained to Attone for past folly.ª
By order of Council, THOMAS CHITTENDEN, Pres't.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 24th Aug. 1777. To Elisha Clark, Gentleman:
Reposing special Trust and Confidence in your Patriotism Valor and Good Conduct & experience in Military discipline, we have appointed you Adjutant in Lieut. Colonel Samuel Herrick's Regiment of Rangers, Commanding all officers and soldiers to Obey you as Adjutant. And when said Regiment is full you will be duly Commissioned, until which Time this shall be your Sufficient Warrant.
By order of Council,
THOS. CHITTENDEN. Pres't.
Attest, IRA ALLEN, Sec'y.
Resolved, That James Walsworth + be & he is hereby appointed Quar- ter-master to Lieutenant Colonel Samuel Herrick's Regiment of Ran- gers.
Attest, IRA ALLEN, Sec'y.
1 Asa Baldwin was the first town clerk of Dorset; Thomas was his brother. The Baldwins and Underhills of Dorset came from New York. Asa was a strict Churchman and a Royalist .- Vermont Historical May- azine, vol I, pp. 182, 186.
2 Abraham Underhill represented Dorset in the Conventions of July and September 1776, and was one of the nine persons appointed July 25 1776 as a Committee of Appeals in matters relative to the cause of American Liberty. He commanded a military company raised for the defense of the State. He was a member of the General Assembly in Oct. 1778, '80, '81 and '84, and died in 1796 .- Vt. Hist. Soc. Collections. vol. I, p. 15, 23, 24, 25, 294, 295; Vt. Hist. Mag., vol. I. p. 184.
Dec. 12, 1777, the Council discharged the abovenamed persons " for co whatever they may have said or acted relative to the dispute between Great Britain and America to the 23d day of September last."
4 James Walworth was attempting to hold land under Goklsbrow Ban- yar (clerk of the New York Council) in 1772, and had been informed by James Breakenridge of Bennington and others, that Banvar disavowed any connection with him. Possibly this man became the Vermont quarter-master .- See E. Allen's Ms. Papers, p. 79.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 147
STATE OF VERMONT. IN COUNCIL OF SAFETY, Bennington, 25 Augt. 1777.
To Captain John Fassett:
Sir,-You are hereby required to Take a pottash Kittle for the Hessian Troops to Cook in. give your Reet for the same & bring the same to the Meeting-House in this place.
By order of Council, IRA ALLEN, Sec'y.
Resolved, that Captain Ebenezer Allen1 be the first Captain in Lt. Colonel Samuel Herrick's Regiment of Rangers.
STATE OF VERMONT. IN COUNCIL OF SAFETY, Bennington, 26th Augt. 1777.
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