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 18
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Resolved that Captain Benjamin Wait1 be and he is hereby appointed Major in Lieutenant Col. Samuel Herrick's Regiment of Rangers.
Pr order of Council, IRA ALLEN, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 4th September 1777. To the officer Commanding the Gnards at Capt. Dewey's Barn:
Sir,-You are hereby required to Remove all the prisoners to the School House & see that there is a proper Guard over them except
1 BENJAMIN WAIT, though not ranked among the few persons who are recognized as leaders of the people and founders of the state, has left a record which is very remarkable for the many military and civil services recorded, and the graces that prove and adorn a Christian character.
He was born in Sudbury, Mass., Feb. 13, 1737, and at the age of eigh- teen entered military service under the British General Amherst. In 1756 he was captured by the French, taken to Quebec, and from thence to France, where he was retaken by the English and carried to England. In 1757 he returned to America, and assisted in 1758 in the capture of Louisburgh, and in the reduction of Canada in the two succeeding years. On the submission of Canada he was sent from Detroit to bring in the French garrisons in Illinois, and performed the service successfully in a winter's march which lasted from December until the succeeding March. At twenty-five years of age he had been engaged in forty battles and skirmishes, and had his clothing perforated many times, but received no wound.
In 1767 he settled in Windsor, his family being the third. In 1769 he was employed by Benjamin Whiting of Newbury, (one of the Deputy- Surveyor Generals of New York,) to arrest depredators upon the king's timber. In 1770 he identified himself decidedly with the Green Moun- tain Boys in their opposition to New York. Feb. 7, 1775, he was the sole delegate from Windsor in the whig convention of the county of Cumberland. Though an avowed opponent of New York in the pend- ing controversy about jurisdiction and land titles, he united, in June 1775, with Maj. Wm. Williams and Maj. Joab Hoisington, in a letter to
Council of Safety-Aug. 15, 1777, to March 12, 1778. 157
those that are wounded. If there is sufficient Room in the Meeting House for them you are to put them there in Lieu of the School House. By order of the Council, IRA ALLEN, Sec'y.
Resolved that Lieutenant John Barnes be & he is hereby appointed Lieutenant in Captain Richard Wait's Company of Rangers in Lt. Colo. Samuel Herrick's Regiment.
the New York authorities, which is characteristic both of their patriot- ism and stern Puritanic religious principles, in that in it they urged the raising of a regiment "of good, active, enterprising soldiers," in order "to keep under proper subjection regulars. Roman Catholicks, and the savages at the northward," and to defend their own rights and privileges "against ministerial tyranny and oppression." August 14 of the same vear he signed a list of the officers of the upper regiment of militia in Cumberland county as " Beniamin Wait, Major." Oct. 10, 1776, he was commissioned by New York as captain in Maj. Hoisington's battalion of rangers. Sept. 3, 1777, he was appointed major, by Vermont, in Her- rick's regiment of rangers, and he commanded that part of it (perhaps consisting mainly of Ebenezer Allen's company.) which in connection with Col. John Brown swept the British from the north end of Lake George, and consequently from Ticonderoga. He was complimented by the Council of Safety for his " spirited conduct " on this occasion, and in November succeeding was ordered to take possession of Mount Inde- pendence. Feb. 10, 1778, he was authorized by the Council to co-ope- rate with Col. Herrick in raising three hundred men for an intended expe- dition to Canada under Gen. Lafayette, and of this force he was ap- pointed major.
October 23, 1779, he was appointed sheriff of Windsor county, which office he held for seven years, with the exception of a brief period when he resigned the office for other service: and on the 27th of the same month the General Assembly resolved that North and South Hero in Grand Isle county should be granted to him and company, which grant was voted by the Governor and Council Nov. 11, 1779. In Oct. 1783, having been made colonel, he commanded the force detailed to maintain the authority of Vermont in the southern part of Windham county ; and in the same month, with Stephen Jacobs, then state's attor- ney, he by his firmness and good advice quelled an attempted insurrec- tion in Windsor county. In this affair Wait and Jacobs were both wounded, the former being confined twenty-six days by his wound. which was in the head. When " the piping times of peace" had come, the manifold services of Mr. Wait were complimented by the General As- sembly in elections to the offices of brigadier general, and finally major general of militia, the last being the highest military title that could be conferred.
The township of Waitsfield was chartered to Roger Enos, Benjamin Wait, and others, Feb. 25, 1782, and Gen. Wait was the first settler in
158
Council of Safety-Aug. 15, 1777, to March 12, 1778.
Captain Joseph Ingley has a permit to Take a Bay mare Taken from Capt. Hurd's Son & use during the pleasure of Council.
Samuel Barto is permitted to Return to his place of abode in Dorset & there to Remain until further orders from this Council.
By order of Council, IRA ALLEN, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 4th September 1777.1
To all whom it may concern:
You are required to deliver unto Capt. [Peleg] Sunderland the bearer such Arms and other Accoutrements as you have taken from the field of Battle in Hubbardton, and on the receipt of your accounts you will be reasonably paid for your trouble.
By order of Council, IRA ALLEN, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 4th September 1777.
This Council having heard the evidence against Arthur Bostwick 2 heard his Evidence, and considered the case with all the attending cir- cumstances, do judge and order that the said Bostwiek pay a fine for the use of this State of Three pounds and stand Committed until this Judg- ment be complied with.
By order of Council, THOMAS CHITTENDEN, Prest.
Thomas Bull has given his word for the above sum, to be forthwith paid.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 4th September 1777. This Council having before them ,3 who stands charged with being an Enemy to the United States of America, having heard the Witnesses and considered them with all the attending circum-
1789. He was also the first representative, chosen in 1795, and was re- elected in 1796, '7. '8 and '9, and 1801 and '2. He was truly "the father of the town," which became the last and best fruits of his life, in the intelligence, piety, and thrift of its people. It is one of a number of almost purely agricultural towns, perched on the hills like Peacham and Randolph, or nestled in the deep valleys of Vermont, which have been famous not only for the general excellence of their people, but for the many strong and useful men they have sent out to bless other communi- ties with like good fruits. Gen. Wait died in 1822, aged 86 years .- See Zadoc Thompson's Vermont Gazetteer, first edition, 1824; B. II. Hall's Eastern Vermont; and Deming's Catalogue, 1778 to 1851.
1 Two pages of the record are missing, and the proceedings (being of Sept. 4,) are supplied from Slade's State Papers, p. 204. Mr. S. undoubt- edly copied them before the record had been mutilated.
2 Name omitted in Slade. The permit to Arthur Bostwick, granted on the next day, indicates that he was the man.
3 Blank in Slade. Probably Samuel Rose of Manchester was the per- son, as the Council, five days after this date, resolved to confiscate his estate. Rose was proscribed by the act of Feb. 26, 1779.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 159
stances, do judge that the said - is an Enemy to the said States and a dangerons person to go at large. Therefore order that he be committed to Close Confinement until Released by order of this Council. By order of Council, THOMAS CHITTENDEN, Prest.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 4th September, 1777.
Resolved that Gen. Jacob Bailey, Dr. Jonas Fay, and Capt. Ira Allen be a Committee to wait on the Honble Major General Lincoln to assure him that every Aid and Assistance in the power of this Council will be Granted him on the earliest notice.
By order of Council, IRA ALLEN, Sec'y.
Bennington, 5th September, 1777: Commissionated Major Benjamin Wait.
IRA ALLEN, Sec'y.
Jonathan Smith is Permitted to pass to Litchfield in Connecticut & Return in 15 days.
STATE OF VERMONT. IN COUNCIL OF SAFETY, Bennington September 5th 1777.
Permit Arthur Bostwick to pass the Guards from this to Manchester, and Remain on his farm during his Good Behaviour or the pleasure of this Council. Pr order, THOMAS CHITTENDEN, Pres't.
Let him Take his oxen and cart.
To whom it may concern.
BENNINGTON 5 Septem 1777.
Dear General-Agreeable to the proposals of Last Evening the Coun- cil of Safety would Recommend to your honor Colonels Seth Warner & Samuel Herrick,1 as persons who from their knowledge of the Situation
1 SETH WARNER was born in Woodbury, ( then Roxbury,) Conn., May 17, 1743, eame to Bennington to reside in January 1765, and in 1771 was elected, by a Convention, one of the " Captains of the Green Moun- tain Boys," of whom Ethan Allen was the commander, whose special duties were to protect the New Hampshire grantees and resist the at- tacks of the New York authorities upon them. In this business Warner was zealous and thorough, and yet his zeal was tempered by wisdom. May 10, 1775, he commanded the party that captured the fort at Crown Point. In July 1775 he was elected, by another Convention, lieutenant- colonel commandant of the regiment of Green Mountain Boys to serve in the continental army ; early in 1776 he raised another regiment and served very efficiently in Canada; and July 5, 1776, he was appointed colonel by Congress, and raised still another regiment, which he com- manded through the war. As the resolutions of Congress in respect to this regiment have rarely if ever been printed in the histories of Ver- mont, they are here given. June 25, 1776, Congress had resolved
That a colonel's commission be immediately issued to major Dubois, with instructions forthwith to raise a regiment to serve for three years, or during the war, and that the corps of officers be composed of such as have served with credit in Canada ; no officer to receive his commission until his company be raised and armed ; the arms of the people enlisting
160 Council of Safety-Aug. 15, 1777, to March 12, 1778.
of the Country to the Northward of this, & their particular acquaintance with a number of persons under their Command, who have for a Number of years Inhabited contiguous to the several post which the Enemy at
themselves, to be valued by the committees of the counties, where the companies are raised, and paid for by the continent, on their being mus- tered.
This was followed, July 5, 1776, by the following :
Resolved, That a regiment be raised out of the officers who served in Can- ada, on the same terms on which the regiment, to be commanded by colonel Dubois, is to be raised ; and that the following persons be ap- pointed officers of the said regiment :
Seth Warner, colonel ;
Samuel Safford, lieutenant colonel ;
Elisha Painter, major ;
Wait Hopkins, John Grant, Gideon Brownson, Abiather Angel, Simeon Smith, Joshua Stanton, [ Abner] Seely. Jacob Vorsboroug, captains ; John Allen, -Fusset, [ John Fassett, jr .. ] [ Ebenezer] Walbridge, [ William ] Deane, James Gold, Sill, Ebenezer Hide, Gamaliel Painter, first lientenants.
Ebenezer Beaumont, adjutant .- Journals of Congress 1776, vol. II, pp. 219, 234.
In every emergency of unusual difficulty, Warner was always relied on as a safe man ; and so it happened that he was assigned to bring up the rear in the disastrous retreat from Canada in the spring of 1776, and still again, in July of the same year, when he commanded the rear- guard in St. Clair's retreat from Ticonderoga, and fought the bloody bat- tle on the stubbornly contested field of Hubbardton. At Bennington, only the remnant of his regiment saved at Hubbardton was present. Warner himself was there in advance of them, and with Stark planned the attack, and after the victory Stark in his official account said : " War- ner's superior skill in the action was of great service to me." Hon. D. S. Boardman of Conn., who had often seen Warner, thus described him :
Col. Warner was of noble personal appearance ; very tall, not less than six feet two inches ; large framed, but rather thin in flesh, and apparently of great bodily strength. His features were regular, strongly marked, and indicative of mental strength, a fixedness of purpose, and yet of much benevolent good nature. and in all respects both commanding and pleasing. His manners were simple, natural and in all respects entirely free from any kind of affectation; social, at once both pleasing and dig- nified ; and when engaged in relating the events of his life, both military and ordinary, he displayed no arrogance, but interwove in his narrative a notice of such incidents as showed love of adventure. and at the same time his love of fun.
In the summer of 1784 Warner's health failed, and he returned to his native town and died there in December of that year, in the forty-second year of his age .- See ante, pp. 6-10; also H. Hall's Early History; and Daniel Chipman's Memoir of Col. Seth Warner.
SAMUEL HERRICK came to Bennington about the year 1768, but left the town and the state soon after the close of the revolutionary war, re-
Council of Safety-Aug. 15, 1777, to March 12, 1778. 161
present occupy-That on application to either of them at any time they would be ready to furnish your honor with such men or numbers of In- teligible [intelligent] men to Report the particular Situation of the Ene- my at every particular post as might be confided in.
I am Dr. General, by order of Council, Your most Obedient Humble Servant,
THOMAS CHITTENDEN, Prest. Major General B. Lincoln.
IN COUNCIL OF SAFETY, 6th September 1777.
To Mr. David Fusset,-
Sir,-Agreeable to Gen. Lincoln's Request to this Council you are di- rected to engage five Teams to Carry Flour to Manchester this day.
By order of Council,
IRA ALLEN, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, September 6 1777. To Capt. William Fitch:
Sir,-You are hereby directed to deliver to Captain Goodenough the bearer Two sides of Leather out of Marshes Fratts [vats] & out of his Leather, Taking his Receipt for the same after appraised.
By order of Council.
IRA ALLEN, Sec'y.
Mr. John Waldo one of the committee of St. Coik is permitted To Take John Sessions1 to the Committee there.
Resolved that Mr. Joseph Fay, be & is Hereby appointed Secretary to this Council.
Attest,
IRA ALLEN, Sec'y.
moving to Springfield, Montgomery County, New York, and nothing is known of his previous or subsequent life. His record in Vermont was highly honorable. In May 1775 Warner and Herrick were the two Ben- nington captains who joined the expedition for the capture of the forts at Ticonderoga and Crown Point. On the evacuation of Ticonderoga in July 1777 Herrick was appointed colonel of Vermont rangers, and in Angust he led the attack on the rear of Baum's right in the battle of Bennington. Gordon, in his history, acknowledged "the superior mili- itary skill" of Warner and Herrick. In September of the same year Herrick's regiment with Col. Brown's troops gained the command of Lake George, dispossessed the enemy of Mounts Independence, Defi- ance, and Hope, and forced their retreat from Ticonderoga. Subse- quently Herrick was colonel of the southwestern regiment of Vermont militia .- See H. Hall's Early History.
1 Probably this was not Deacon John Sessions of Westminster, several times delegate in the N. Y. Assembly, and afterward representative of Westminster in the General Assembly of Vermont.
-
162 Council of Safety-Aug. 15, 1777, to March 12, 1778.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 6 September 1777.
This Council have no objection to Jesse Fields assisting Commissary Brush until General Lincoln's pleasure shall be known concerning the same.
By order of Council, IRA ALLEN, Sec'y.
To Lieut. Colo. Herrick.
STATE OF VERMONT, Bennington September 6 1777.
This may Certify to all whom it may Concern that Brigadier General Stark has this day made a present of one Hessian Broad Sword to the Honorable Council of the State of Vermont, in order to be kept in said Council Chamber as a Memorial in Commemoration of the Glorious ac- tion fought at Walloomsack August 16 1777 in which case the Exertions of the said Council was found to be Exceedingly Serviceable.
By the Donor's order,
JOHN CASEY, A. D. Camp.
Copy. Attest,
IRA ALLEN, Sec'y.
STATE OF VERMONT. IN COUNCIL, 6 September 1777.
The following Contains a List of Persons belonging to the state of N. York Confined on Suspicion of being Enemies to the United States of America, viz.
ยง Thomas Collins, 2 Reuben Green, S Jesse Brown & William Motlit. S The above are the whole which the Council have in Custody. I am Gentlemen your most Obedient Humble Servant, THOMAS CHITTENDEN, Pres'. [To] the General Committee at Albany.
The following Contains a List of the Tories belonging to this State, the Several Crimes with which they Stand charged, vizt.
Samuel Rose,1
Has joined a Tory Scont under Armes and assisted them in Taking and keeping a pris- oner, and by his own confession Given hard money to several young men to induce and Enable them to join sd Scont & go to the [ British Troops.
Beriah Chelson,
Went Voluntarily under Armes to the En- L emies Camp, and was Taken on the 16 day of Ang. in the memorable Battle fought near this place. The reason of Chelson's being Sent in Irons is, he has once Broke from the [Guards and Got some Miles before Retaken.
This Council wish those persons to be Sent on Board the Guard Ships in the North River, or otherwise Dealt with as your honor in your Great Wisdom shall think proper.
I am Dr Gen1. your most Obedient Humble Servant,
THOMAS CHITTENDEN. PresY. The Honbl. Major General Gates.
1 Of Manchester, proscribed by the act of Feb. 26, 1779, and his prop- erty confiscated.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 163
Peter Payne being arained for Enemical Conduct towards the United States of America, this Council having heard the Evidence against the said Payne & his Arguments, & having duly deliberated on the same, do Judge & order that the said Peter Payne pay as a fine for the use of this State Twenty pounds, & Stand Committed until Judgment is com- plied with. Sept. 11, Judgt. is complied with & he has Taken the Oath of Allegiance & is acquitted.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 6th Sept. 1777.
Bennit Bardsley,1
Is proved an Enemy to the United States of America by words & actions & is Judged a Dangerous person to go at Large.
Isaac Ives,2
Has taken Proteciion under Gen1. Bur- goine, and been very officious in assisting Him, by his own Confession been to the Reg- ulars & Drove Cattle.
Nathan Canfield,3 Zadock Hard,4 Andrew Hawley, Caleb Daton,+
Proved to have been Aiding and assisting to the British Troops, and dangerous persons to go at Large.
This Council having heard the Witnesses with all the Attending Cir- cumstances of the Several persons above named. do judge & order that sd persons be Committed to Close Confinement in the Common Gaol at Westminster until Released by proper authority.
By order of Council, THOMAS CHITTENDEN, Pres't.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 6 Septr. 1777.
The Council's Compliments most Cordially wait on his Honor Briga- dier General Stark, with their sincere thanks for the Honor the General has been pleased to do them, by presenting them with a Hessian Broad Sword Taken by a number of Troops from the State of New Hampshire & Elsewhere under his Immediate Command, in the Memorable Battle fought in Walloomsac near this place on the 16 day of August last, And also for the Honor the General has been pleased to do them in applaud- ing their Exertions in a public Weal as a Council. Pr JOSEPH FAY, Sec'y.
Brig. Gen1. Stark.
1 Tried, convicted, satisfied the judgment, and was discharged.
Isaac Ives of Wallingford was proscribed by the act of Feb. 26, 1779.
3 Nathan Canfield was a prominent man in Arlington. As a tory he was ordered to be confined in jail at Litchfield, Conn., but he was per- mitted to remain at his home on his friends giving bonds that he would report to the Council at any time. Notwithstanding his tory politics, he was on excellent terms with Ethan Allen, Warner, Baker, and other whigs. Mr. Canfield represented Arlington in the General Assembly of 1786 .- See Vt. Hist. Mag., vol. I, p. 134.
4 These were all tried, convicted, and fined. The record shows that Hard and Hawley satisfied the judgments, and it is presumed that Daton did also.
164 Council of Safety-Aug. 15, 1777, to March 12, 1778.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 8 Septr. 1777.
To the officer of the Guard at the School House :- Permit Mr. David Fassett to Take out of the Guard House Zadock Hard & Andrew Haw- ley; he is to return them in three days.
By order of Council,
THOMAS CHITTENDEN, Pres't.
BENNINGTON S September 1777.
Dear General-In the absence of Doctr Fay Reed your favour of the 7th Instant, in which your honor informs that you have been so kind as to supply our Troops with some necessaries out of the Massachusetts stores, for which this Conneil return you their sincere thanks. & have to assure you that if the Like quantity of stores are to be had. shall replace them again, otherwise Pay an Equivalent in cash to their full satisfaction.
I am sir Your most Obedient Humble Servant,
THOMAS CHITTENDEN, Pres't.
Major Gen. Lincoln.
To Nathaniel Fisk1 & Phil. Griffen:
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 Mr. Edward Veil in your behalf, this Council are Indeed ont of Humanity to accept you again into friendship on your Voluntary Surrender & Taking the oath of fidelity to the United States of America forthwith, And dispensing with the loss you have already sustained to atone for your past folly.
By order of Council, THOMAS CHITTENDEN, Prest.
Whereas Complaint has been made to this Council against you for dis- posing of cattle & horses belonging to this State, you are therefore hereby summoned to appear before this Council to answer the Complaint Immediately.
By Order, To Wm. Scarls, Jr., of Arlington.2
THOMAS CHITTENDEN, Pres't.
STATE OF VERMONT. IN COUNCIL OF SAFETY. 8 Sept'r 1777. To Captain Jonathan W. Fassett:
Sir,-You are hereby Authorized to procure or Impress Ten Teams immediately for the use of forwarding provisions to the Army. By order,
THOMAS CHITTENDEN, Pres't.
STATE OF VERMONT. IN COUNCIL, 8 September 1777.
To Captain Ebenezer Allen:
Sir,-This day reed yours of the 6th Instant dated at Manchester Requesting this Council to furnish you with Shoes. We have taken the
1 Fisk voluntarily appeared and took the oath of fidelity to the United States, in compliance with this "manifest" of the Council.
2 Sept. 10, 1777, he was also required to pay for a yoke of oxen. It is presumed these orders were complied with, as Mr. Searls seems to have appealed to the Council afterward for an order to aid him in a dispute with Andrew Hawley.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 165
same into Consideration, & do hereby Recommend to you to Take some Leather out of Marshes Tan yard at Shaftsbury and make Mogasons to answer the present purpose until Shoes can be procured. You are to make application to Captain Fitch or the person who has the care of the yard. The Leather is to be appraised and Returns made to this Board. By order,
THOS. CHITTENDEN, Pres't.
The following is a Copy of a Complaint Reed from Lt. Isaac Clark,-
BENNINGTON, 8 September 1777.
To the Council of Safety,-I the Subscriber Complain of David Rem- ington of Castleton for going to the Ministerial Army and Serving as Conductor of Teams in the King's Service as doth appear by his writings.1 ISAAC CLARK, L'.
STATE OF VERMONT. IN COUNCIL OF SAFETY, S Septr 1777. To the Officer of the Main Guard:
Sir,-You are hereby required to take the body of David Remington & him safely keep in the Guard House until further orders from this Council ; you are also to Continue him in Irons.
By order,
JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL, 9th September 1777.
Permit Samuel Burton to Take his oxen & keep them until further or- ders.
pr order, THOMAS CHITTENDEN, Pres't.
To the person who has them in Keeping.
Charles Brewster is appointed one of the Commissioners of Sequesta- tion for this State.
Resolved that the Estate of Samnel Rose of Manchester be Confiscated to the use of this State for his Enimical Conduct towards the United States of America. [ He was proscribed by the act of Feb. 26, 1779.]
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