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 17
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To Adjutant Elisha Clark:
You are hereby required to make Return of the names and Num- bers of the officers non-commissioned officers and Soldiers belonging to Colonel Samuel Herrick's Regiment of Rangers already raised within this State for the Defence thereof to Ebenezer Walbridge at Arling- ton, at 10 oclock of the Morning of the 28th instant, as he is appointed and authorized to muster and Return the several Musters of the whole in order to their being severally entered and intitled to their pay agree- able to their Several Ranks. And you are further ordered to Take par- ticular accounts of the several Companies and names of the several sol- diers of that Core who may hereafter join at every opportunity. Of this you are not to fail.
By order of Council, THOMAS CHITTENDEN, Pres't.
Attest, IRA ALLEN, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, Bennington, 27th Augt. 1777.
Whereas this Council have recd a Letter from Captain Burroughs at Arlington acquainting us that our Scouts had Taken all the Stock of
1 EBENEZER ALLEN was born at Northampton, Mass., Oct. 17, 1743, and was a descendant of Matthew Allen, who came to New England in 1632 with Rev. Thomas Hooker of Chelmsford. Of Matthew the Samuel Allen was a brother, from whom descended Joseph the father of Ethan, Capt. Heman, Maj. Heber, Lient. Levi, Zimri, and Col. Ira, nearly all of whom were famous in the early history of Vermont. Ebenezer Allen was ap- pointed lieutenant in Warner's regiment, 1775; captain, as above, Ang. 25, 1777; member of the Board of War in 1779; and major of Rangers and col- onel of militia in 1780. IIe distinguished himself in the battle of Benning- ton, and particularly so by a night attack with forty men on Mount De- fiance, and its capture, in September, 1777, and also the capture of fifty of the rear guard of the enemy on their retreat from Tieon leroga at that time. He was a brave and successful partisan leader. He settled in Poultney in 1771; removed to Tinmouth and represented it in several conventions in 1776 and 1777; removed to South Hero in 1783, which town he represented four years in the General Assembly; and to Bur- lington in 1800, where he died March 26, 1806 .- See Early History, p. 451; Vt. Historical Magazine, vol. I, p. 607; and Deming's Catalogue, 1778 to 1851.
148 Council of Safety-Aug. 15, 1777, to March 12, 1778.
every kind from Anger Hawley's wife of Reuport & she had made ap- plication to him for a Cow as her Children were in a Suffering Condi- tion, These are therefore to Require you to Let her have one Cow for the time being out of the first Cows you Take from any disaffected person.
By order of Council, IRA ALLEN, Sec'y.
Lieut. Martin Powel,1 Commissioner Sequestration.
STATE OF VERMONT. IN COUNCIL OF SAFETY, Bennington, 27th August, 1777.
These are to require all persons in this State, that have Taken any effects from or belonging to any person in the State of New York in these late disturbances to deliver up such effects to Mr. John Abbott and Cap- tain Nathan Smith, as they are appointed by Major Younglove one of the Commissioners of Sequestration for said State, to take care of such effects in behalf of said State, their proving their property to such effects, Provided such effects are not Taken in the Field of Battle.
By order of Council, IRA ALLEN, Sec'y.
To whom it may concern.
STATE OF VERMONT. IN COUNCIL OF SAFETY, Bennington, 27th August, 1777.
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To Sir, -You are hereby required to Take four Horses Belonging to John Munro Esq.,2 supposed to be at Mr. Breakenridge's, and them safely keep and convey them to this Council as soon as may be. By order of Council, IRA ALLEN, Sec'y. The gentleman in whose Custody the horses are is requested to de- liver them to the bearer.
1 Lieut. MARTIN POWELL of Manchester was one of the committee of seven who issued the warrant for the Convention of Jan. 16, 1776, and delegate in the Conventions of 1776 and 1777; member of the first Gen- eral Assembly, March, 1778, and for eight years subsequently; judge of the first Bennington county court; judge of probate twelve years; and member of the Convention of 1791 which adopted the Constitution of the United States. Rev. Martin Powell of Westford was another man of the same name.
2 JOHN MUNRO, Esqr., of Shaftsbury, the title being accorded to him in the text in virtue of a magistrate's commission granted to him by New York. After the New York authorities had granted lands in Vermont in violation of the order of the king in council, of July 24, 1767, and taken measures to enforce these grants, an organization of the Green Mountain Boys was formed for resistance, in which Ethan Allen, Seth Warner, Remember Baker, Robert Cochran, and Gideon Warren, were captains. They and their followers were in the habit of chastising all Yorkers, who interfered offensively, "with twigs of the wilderness," and one of their victims was Hugh Munro, an old offender, who was lashed three times, each time until he fainted, when his wounds were dressed and he was banished from the State. This scene, and others resembling it, was fol-
Council of Safety-Aug. 15, 1777, to March 12, 1778. 149
STATE OF VERMONT. IN COUNCIL OF SAFETY, August 27, 1777. To Lieutenant Silas Watson:
You will please to send all the evidence you have against Jonathan Card & Peleg Card, [of Pownal.] As we propose to bring them on tryal on the 29th Instant we shall depend on hearing from you by said day. By order of Council, IRA ALLEN, Sec'y.
lowed by a proclamation of Gov. Tryon of New York, dated Dec. 9, 1771, offering a reward for the arrest of each of the captains above named. Esquire Munro's house had been visited by them, and they had fired into it, so alarming him that he fled for safety into New York. Gathering there a posse of ten or a dozen men, Munro repaired to the house of Remember Baker of Arlington, to arrest him under Tryon's proclamation, and at about day-light on the morning of March 22, 1772, broke into the house, wounded Baker and his wife, maltreated his chil- dren, and retired into New York with the wounded Baker as a prisoner. Ethan Allen published in the Connecticut Courant an account of this savage affair, which will be found in Du Puy's Ethan Allen and the Green Mountain Heroes of '76, pp. 161-164, and in Vt. Hist. Mag., vol. I, pp. 124-125. An alarm was at once spread, Munro was pursued, and Baker rescued and restored to his family. From this time Munro was so much in fear of the Green Mountain Boys that he remained quiet until 1777, when he fled to Burgoyne's camp, and the Vermonters con- fiscated his property. His name is in the list of those who were forever proseribed by the Vermont act of Feb. 26, 1779. The fact that he failed of recovering in England damages for the loss of his Vermont land, because it was covered by a New Hampshire grant, has already been noticed .- See Du Puy's Ethan Allen; H. Hall's Early History; and Vt. Hist. Magazine.
It is a very singular fact that two entirely different lists have been pre- served of the persons who rescued Baker from the clutches of Munro. The first in the columns below is from a detailed account printed in the Rural Magazine, 1795, furnished by "T.," which may stand for either Samuel Tubbs or Isaac Tichenor-most probably the last named. This was published when many of the actors were living, and every good rea- son for either concealment or misrepresentation had passed. Gov. HALL regards it as the true list, for these reasons, and also because the men were residents of Bennington, and Munro asserted that the rescu- ers were Bennington men. The other list is from the Documentary His- tory of New York, vol. 4, p. 777. The names given are of Arlington and Sunderland men, who, says Gov. HALL, " could not have been the actual reseuers." This list, however, is represented as having been furnished by Munro himself. This palpable contradiction is explained by Gov- ernor HALL by the supposition that Munro gave the names of another party bent on the same business. Such a party did go in pursuit of Munro and his prisoner, were met by the Bennington party, and both returned to Vermont together-so says the Magazine. Another theory
150 Council of Safety-Aug. 15, 1777, to March 12, 1778.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 27 August, 1777. To Captain Joseph Farnsworth, Commissary, Bennington:
Sir,-If you please to give Lieut. Benjamin Chamberlin and three men with him three days provisions, as they are Bold Volunteers, this Council will Settle with you for the Same.
By order of Council, IRA ALLEN Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 27 August, 1777.
Permit Mrs. Munro to keep her cattle, sheep, swine, and other effects, until orders is given from this Council for her to Diliver them up. By order of Council, THOMAS CHITTENDEN, Pres't.
To whom it may Concern.
N. B. To Mrs. Munro, by sending to Bennington Tomorrow you can have one of your Riding horses to use until we send for him.
pr order, THOMAS CHITTENDEN, Pres't.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 27 August, 1777.
To Mr. Harris :- You are hereby directed to employ some men to Harvest Mr. Breakenridges wheat and put the same in his Barn, you also pay the expense out of the wheat, and what is not wanted for the use of the family you will keep until further orders from this Couneil.
By order of Couneil.
IRA ALLEN, Sec'y.
worth thought is, that the Bennington party assumed and called them- selves by the names of the Arlington men. It is not without the seri- ous objection that only twelve men can be accounted for in that way, to wit: ten of the Bennington party, and Caleb Henderson and John Whis- ton, who, according to the Magazine, tried to resist Munro when he attacked Baker's house. An equally serious objection exists to the other theory, viz., that Munro should have the names of twelve men who did not rescue Baker from his grasp, and did not have the name of even one of the ten Bennington men who did rescue him. The two lists are as fol- lows:
Magazine List.
1. Gen. Isaac Clark,
2. Col. Joseph Safford,
3. Maj. Wait Hopkins,
4. Col. David Safford,
Messrs.
5. Timothy Abbott,
6. Stephen Hopkins,
7. Elnathan Hubble, [Hubbell,]
8. Samuel Tubbs,
9. Ezekiel Brewster,
10. Nath. [Nathaniel] Holmes.
Munro's List.
1. Joseph Bradley,
2. Lemuel Bradley,
3. Jesse Sawyer,
4. Isaac Vernernum,
5. Abel Castle, jr.,
6. Curtis Hawley,
7. Elisha Sherman,
8. Philo Hurlbut,
9. Abijah Hurd,
10. Ebenezer Wallis,
11. John Whiston,
12. Austin Seela,
13. Justice Sherwood,
14. Caleb Henderson.
See Vt. Hist. Mag., vol. I, p. 125; H. Hall's Early History, pp. 134-137; Rural Magazine, vol. I, pp. 415-420.
Council of Safety-Aug. 15. 1777, to March 12, 1778. 151
STATE OF VERMONT. IN COUNCIL OF SAFETY, 28th August 1777. To Mr. David Fassett:
Sir,-You will proceed to Mr. James Breakenridges1 and make strict examination of his Improvements or Lands adjoining and if you find any Stock or other effects which you have reason to Suspect belongs to any Enemical persons within this State you will seize the Same and Cause it to be Brought to this Council as soon as may be.
By order of Council, IRA ALLEN, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 29th August, 1777. To Mr. David Fassett:
Sir,-You are to proceed to the House of Mr. John Munro of Shaftsbury, and seize all his Lands and effects of whatsoever name or nature, and bring all his writings, Together with all his Movable effects, to this Council, excepting Two cows & such other effects as are wanted for the Support of said Munro's Family, which you are to Leave with the Woman, Taking a proper account of them. By order of Council, IRA ALLEN, Sec'y.
1 Lieut. JAMES BREAKENRIDGE of Bennington has a conspicuous place in the history of the controversy with New York. On his farm the first attempt was made to enforce the authority of New York, Oct. 19, 1769, but it was overawed by the hostile appearance of too many of Mr. B's. neighbors, who, with Mr. B., were indicted therefor as rioters in the court at Albany. In July 1771 a final unsuccessful attempt was made; and then, says Gov HALL, " in fact, on the farm of James Breakenridge was born the future State of Vermont." Oct. 21, 1772, Mr. Breaken- ridge, with Jehiel Hawley of Arlington, was appointed an agent to rep- resent to the king the grievances of the claimants under the New Hamp- shire Grants; Jan. 17, 1776, he, with Heman Allen and Jonas Fay, was appointed to represent the case of the N. II. Grants to the Continental Congress; and June 24, 1776, he acted as one of the committee which issued the warrant for the Dorset Convention of the 24th of July follow- ing. Although Mr. Breakenridge was never personally engaged in any disorderly proceedings, he was often denounced by the Yorkers as a rioter, and was one of the persons proscribed in the New York riot act . of 1774. He acquired his military title by appointment as first lieuten- ant in the first militia company organized in Bennington, Oct. 24, 1764. He was of Scotch-Irish descent, probably scrupulous about bearing arms against the king, and for that reason, or apprehending that resistance would be vain, he seems to have sought the protection of Burgoyne, as many residents of Vermont and New York did in 1777. Entries on the Council journal show that he had been sentenced to banishment within the enemy's lines, that he applied for relief, and was from time to time reprieved. He finally re-acquired citizenship in Vermont, and adorned it by an honorable life .- See H. Hall's Early History; Vt. Hist. Soc. Coll. vol. I; and Memorials of a Century, Bennington.
152 Council of Safety-Aug. 15, 1777, to March 12, 1778.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 29th August, 1777. To Mr. Jesse Burk, Westminster:
Sir,-You will bring Captain James Clay of Putney 1 (now in your care) before this Council as soon as may be.
By order of Council,
THOMAS CHITTENDEN, Pres't.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 29th August, 1777.
To the Committee of Safety in Windsor, and the adjacent Towns in this State:
Gentlemen,-All such persons as you shall have sufficient Evidence ex- hibited against on Tryal as to prove them so far Enemies to the Liberties of America as to be dangerous persons to go at Large you will send to Westminster Gaol, and put them in Close Confinement; If you send any prisoners to said Gaol, you will send a proper Guard, provided it should happen before any prisoners or Guards should be sent from this.
By order of Council,
THOMAS CHITTENDEN, Pres't.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 29th Augt. 1777. To Mr. Benjamin Fassett:
Sir-You are hereby directed to Repair to Pownal & bring from some of the Tories that are gone to the Enemy, or otherwise proved themselves to be Enemies to their Country, a Load of Saus [sauce] for the use of the Hundred prisoners Here, and make returns to this Coun- cil of what you bring and from whom. You will Leave Sufficient for their families. Per Order, THOMAS CHITTENDEN, Pres'.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 29th August, 1777.
Whereas his honor Major Gen1. B. Lincoln has Requested this Coun- cil to Raise a part of the Militia of this State to Serve in Continental Service agreeable to the Resolution of the Honble Continental Congress of the United States, In obedience to which this Council have heretofore Resolved that three hundred & twenty-five men of the Militia of this State should be Raised for the defence of this and the United States of America, and whereas the price of all kinds of Provisions & Clothing are Raised to Exorbitant Prices,
Resolved therefore that fifty shillings pr Month be paid to Each per- son that shall Serve agreeable to the aforesaid Resolution in Addition to their Continental pay.
By order of Council,
IRA ALLEN, Sec'y.
1 Capt. CLAY was a leading supporter of the authority of New York in Cumberland county, but not a tory. He was arrested because of his zeal for New York, and discharged after a rebuke by Chittenden .- See p. 137.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 153
STATE OF VERMONT. IN COUNCIL OF SAFETY, 29 August 1777.
The following Contains a List of the Tories of this State, and the sev- eral Crimes with which they Stand Charged, (viz.)
Benjamin Eastman, Phinehas Hurd,1
S By their own Confession are found guilty of assisting the Enemy in disarming the In- habitants of Sandgate within this State.
James Reynolds, Ephraim Mallory, John Davoe, Solomon Millington, Bartholomew Wennicks, George Tibbetts,
Acknowledge they Voluntarily joined the Enemy, and were Taken in action the 16th instant.
Paul Gardiner,
Taken in action the 16 instant & by his own Confession fired his Piece three times on Gen1. Starks Brigade.
Joseph Haviland,
L Voluntarily applied to Mr. Skeene,2 took his protection. procured a quantity of ammu- nition, Promised a number of Cattle, carria- ges, &c. Taken by Col. Warners [men] on his return endeavouring to carry his pro- Ljects into Execution.
1 A wealthy citizen of Arlington, who was proscribed in the act of Feb. 26, 1779. In Vt. Hist. May., vol. I, p. 129, it is said he was abducted, and was never heard of afterward, one supposition being that he was burnt in a prison-ship near New York. His family, it is said, was fre- quently abused by the Whigs, and his property was confiscated by the state and offered for sale, but nobody would buy it. The General As- sembly in 1778 gave the use of the farm to Mrs. Hurd.
2 Col. PHILIP SKENE, grandson of John Skene of Halyards in Fife- shire, Scotland. He entered the British army in 1739 and was in active service in Europe until 1756, when he came to America. He became captain in the 27th regiment in 1757 ; was wounded at the attack on Ticonderoga in July 1758, appointed major of brigade in 1759, in October of that year commanded at Crown Point, and at that time projected the settlements at Wood Creek and South Bay now known as Whitehall. In 1762 he was in the expedition against Martinico and Havana and was one of the first to enter the breach at the storming of the Moro Castle. He returned to New York in 1763, and in 1765 obtained a patent for the township of Skenesboro [Whitehall,] fixing his residence there in 1770. He contemplated a much larger jurisdiction from the crown, embracing territory on both sides of Lake Champlain, but was foiled by the revolu- tion. In June 1775 he was arrested at Philadelphia as a loyalist and was held as a prisoner until he was exchanged in October 1776. In 1777 he joined Burgoyne's army as commander of a loyal American regiment, accompanied Baum in his attack on Bennington, and was again taken prisoner at Saratoga. In 1779 he was attainted and his property was confiscated by New York. He then returned to England, where he
12
154 Council of Safety-Aug. 15, 1777, to March 12, 1778.
Ebenezer Washburn, Edward Bump,
Abraham Lake,
Watts Hubbert, [jr.] [Hubbard, of Windsor,]
Confess they were Conversant with the En- emy, have taken Protection, & voluntarily assisted with Teams, provisions, &c.
Found to be in the aforesaid action & supposed to be in Arms.
The Evidence against him enclosed.
The above are the whole which the Council have in Custody except some few who have been Brought so late the evidence have not as yet arrived.
I am Dear General your most Obedient Humble servant,
THOMAS CHITTENDEN, Pres't. To the Hon. Major General Lincoln.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 30th August 1777.
Francis Mattison & David Mattison [of Clarendon] are Permitted the Liberty of this Town [Bennington] until further orders from this Council.
Gave an order on Colonel Brush com'y for 2 days Provision for Isaac Ives & Samuel Barto.
By order of Council, IRA ALLEN, Sec'y.
Phinehas Chase of Munro Pattent & Archibald MeVicker of Little White Creek are permitted to return to their Several Habitations until fur- ther orders, They behaving as Becometh.
By order of Council, IRA ALLEN, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 2d September 1777. To Lieutenant Ebenezer Hyde :
Sir,-You are hereby required to Examine the Goods deposited in the cart now in the care of Seth Kealer and Report the Several Articles Par- ticularly which are not wearing apparel, for which this shall be your Sufficient Warrant. You will make Returns as soon as may be.
By order of Council, IRA ALLEN, Sec'y.
Francis Mattison and David Mattison are permitted to Return to Clarendon, &c. By order of Council, IRA ALLEN, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 34 September 1777.
Captain Elijah More of Putney and Capt. Leonard Spauldin,1 are ap- pointed Commissioners of Sequestration, &c.
died, Oct. 9, 1810, near Stoke Goldington, Bucks .- See Drake's Dic- tionary of American Biography; and Ira Allen's History of Vermont. in Vt. Hist. Soc. Coll., vol. t.
1 Lient. LEONARD SPAULDING is first named as a resident of Putney in 1768. From the outset of the controversies he was widely known as an outspeaking and sturdy enemy of loyalists and Yorkers, and as such he was a favorite with the whigs and Green Mountain Boys. Thus, in 1771. when a judgment had been recovered against him in a York court and the officer had seized a portion of his property, a large party crossed
Council of Safety-Aug. 15, 1777, to March 12, 1778. 155
Francis Breakenridge is permitted to Return home, & Remain on his father's home farm, and if found off' to expect 39 Lashes of the Beach Seal, until further orders from this Council.
Thomas Green is permitted to Return home, on the Recommendation of Maj. Younglove, until further orders.
STATE OF VERMONT. IN COUNCIL, 3d September 1777. To Thadeus Harris of Bennington :
Sir,-You are directed to deliver all the Cattle in you Care or in Mr. Breakenridges Inclosures, that you know or have reason to believe be-
Connecticut River from New Hampshire into Putney, broke open the enclosure, and rescued the property. In 1774 he had become a citizen of Dummerston, and there he was so free in the expression of his whig sen- timents as to earn special attention from the royal authorities. He was arrested and imprisoned eleven days for treason, one account being that " Mr. Spaulding's pretended Crime was, that he threw out some words unfavourable to the British tyrant relating to the Quebec bill by which he is made Pope of that government." Another was, that "One man they put into close prison for high treason, and all they proved against him was that he said if the king had signed the Quebec bill, it was his opinion that he had broke his coronation-oath. But the good people went and opened the prison-door and let him go, and did no violence to any man's person or property." This in no measure dampened the patriotic zeal of Mr. Spaulding, who in 1775 was conspicous among those who re- sented the Westminster massacre by arresting the royal officers. Again his zeal broke out in 1776, when, at the head of a military force, he held in duress judge and colonel Samuel Wells, a wealthy citizen of Brattle- boro and a leader among the Yorkers and loyalists. For this irregularity he was arraigned by the Cumberland County Committee on the 25th of July, 1776, and it was resolved "that Lieutenant Spaulding make suitable Confession to the Committee for his Conduct in Taking Colo. Wells by military force, that mode of proceeding Being Contrary to the minds of this Committee, and also a Violation of a Certain Resolve formerly passed by this Committee." Whereupon "Mr. Spaulding Comply'd with the above Vote by making his proper Confession, &c." When in 1781 the Vermont government, by way of conciliation, had appointed two well known Yorkers to office-men who were officials under New York at the time of the Westminster massacre-Mr. Spaulding united with others in sending an indignant remonstrance to the Governor and Council, which effected a delay in the issuing of the commissions, though finally the gentlemen thus complained of became valuable and acceptable officers. Lieut. Spaulding was a delegate in all the Conventions begin- ning with that of Sept. 25, 1776, and representative of Dummerston in the General Assembly of March, 1778, and for the years 1781, '84, '86, and '87 .- See Eastern Vermont ; Slade's State Papers ; and Deming's Catalogue, 1778 to 1851.
156 Council of Safety-Aug. 15, 1777, to March 12, 1778.
longs to the State of New York, to Major Younglove, as he is one of the Commissioners of Sequestration for said State.
By order of Council,
IRA ALLEN, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 3d September 1777.
Then personally appeared David Smith & acknowledged himself bound in a recognizance of one hundred pounds to the Secretary of the Council of the State of Vermont, That Captain Michael Lantman shall appear before the General Committee of Albany within six days to an- swer any Complaint that may be exhibited against him.
Richard Bovey and Garritt Bovey are permitted to Return to their farms, there to remain until further orders from Albany.
John Bass of Colo. Hale's Regiment who has been taken & retaken, is permitted to pass to his Regiment.
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