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 22
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I have the Honor to be Dr. General your most obt. Humble Servant, By order, JOSEPH FAY, Sec'y. Honble Maj" Gent Gates.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 29 October 1777.
Philo Hards Wife is permitted to pass with her child to her Husband at Tyconderoga.
pr. Order, JOSEPH FAY, Sec'y.
[Oct.] 30th. Resolved that Michael Dunning be a Commissioner of Sequestration & is hereby appointed. Warrant and Instructions Given. By order of Council, JOSEPH FAY, Sec'y.
Mary Eares [ Ayer or Ayres ] is permitted to Take any of her effects wherever they may be found, proving her property. By order of Council, JOSEPH FAY, Sec'y. To whom it may Concern.
[Oct.] 31st. Stutly Stafford is permitted to pass to his home & there remain until further orders, having Taken the Oath of fidility. By order of Council, JOSEPH FAY, Sec'y. To whom it may Concern.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 31t Oct. 1777.
The bearer John McNeil1 is permitted to remain at Lieut. Breaken- ridges until further orders from this Council, and no other power in this
1 This case, in connection with that of James Breakenridge, was often before the Council of Safety, and Governor and Council, and reprieves were granted from time to time, the result being that Mr. McNeil took the oath of fidelity and was permitted to remain in the state. He was for many years and until his death an honorable and useful cit- izen, widely known as Gen. JOHN McNEIL of Charlotte. He was one of the first settlers of Tinmouth, where his residence was in 1777, when his property was confiscated on account of his being a loyalist. He seems then to have taken up his residence in Bennington with James Breakenridge, another very worthy man but unfortunately a loyalist. From Bennington Gen. McNeil removed to Charlotte with
194 Council of Safety-Aug. 15, 1777, to March 12, 1778.
State than that of this Council will in future presume to violate a per- mission of this Tennor.
By order of Council, JOSEPH FAY, Sec'y.
To whom it may Concern.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 12th Novr. 1777. To the Sheriff of the County of Litchfield. [Conn.]
Sir,-The bearer Mr. Abel Hawley informs this Council that he has a son by the name of Agur Hawley who is confined in the Common Goal at Litchfield. The Council are unacquainted with the occasition [occasion] of his confinement at that place, as no person here is able to give account whether any Mittimus has been given, or whether his case be Criminal. Should you on Examination find it consistent with good rule to send him to this Council as he is properly an Inhabitant of this State, they would Take his case under consideration and endeavor to Deal with him according to his Merit.
I am Sir your most Obedient Humbl Servant, By order of Council, JOSEPH FAY, Sec'y. BENNINGTON, 12 Nov. 1777.
Dear Sir .- Brigade Major Walbridge, who has undertaken to build a Store House in this place, has made application to this Council for the assistants of Lient. Edgerton & several others of your Regiment, (such as he may chuse.) The Council submit to your direction whether the service requires their Immediate assistants. If so you will Doubtless Detain them, if not they may Continue in the Service, and attend the business as Artificers, for which Lt. Edgerton & other Workmen will be Allowed 1 dollar pr. Day, in addition to their present pay, & common hands 4s pr. day. The number wanted will be about 10 which must be Good Hands. I am directed to present you the Council's compliments. You will please to accept the Same from
Dear Sir (by order of Council)
your most Obedient Humble Servant, JOSEPH FAY, Sec'y. Colo. Herrick.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 13 Novr. 1777.
The following is a Coppy of Jonathan Howards Certificate from Doct. Roback, vizt.
" Jonathan Howard being unfit for duty on acet. of his Health is per- mitted to pass to Bennington. JACOB ROBACK, Surgeon."
Maj. JONATHAN BREAKENRIDGE. They were among the first settlers and were leading citizens of that town. Breakenridge was the first Methodist in Charlotte, leader of the first class, then a local preacher, and always an esteemed citizen. Gen. McNeil was the first town clerk, March 13, 1787; the first representative in 1788, also in 1789 and 90, 92 and '93, and in 1796; judge of probate in Chittenden county three years, 1787 to '89; and judge of the county court five years. 1789 to 1793. He was delegate in the convention of 1791, which adopted the constitution of the United States; and of 1793, which re-arranged the constitution of Vermont. McNeil's ferry, from Charlotte to Essex, N. Y., perpetuates the name of John McNeil .- See Vt. Historical Mag., vol. I, p. 745; and Deming's Catalogue, 1778 to 1851.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 195
The bearer Jonathan Howard is hereby permitted to pass home, & is also discharged from the Service.
By order of Council, JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 14 Novr. 1777. To Lieut. Martin Powel:
Sir .- You are hereby required to Let the bearer Mr. Broomly have one yoke of oxen formerly the property of Samuel Rose. he giving his obligation for the Value on Demand, after being appraised by men of Judgment, or as you & he can agree.
By order of Council, JOSEPH FAY, Sec'y.
Dr. Sir,-It has been some considerable time since this Couneil have been Together, occasioned by the Indisposition of the bodily Health of some of the Members .- They are now Together and have your Several Letters of a Late date before them. The Report of the Enemies Evaenating the Fortresses Tyconderoga & Mount Independence makes it unnecessary to answer your request for raising the Militia of this State. The Mes- senger sent after shoes for your Regiment is dailey expected. On his re- turn shall Let you know his success. The Council are of opinion that no persons were Included in the Articles of Convention made and Sub- scribed by & between Lt. General Burgoyne & the Honble Major General Gates, but those who are actually Included within Burgoynes Lines at the Time of Subscribing those Articles, therefore naturally Conclude that those Tory Enemies who were without Burgovnes Lines are not to be Delt with by the Military, but Civil Law, by which Rule you Doubt- less Guide your Conduet.
I am Sir, (By order of Council) your most Obt. Humble Servant, JOSEPH FAY, Sec'y. Colo Herrick.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 14 Novr. 1777.
Resolved that Thursday the 4 day of December next be appointed and hereby is appointed to be observed as a day of Public thanksgiving and Prayer throughout the State of Vermont.
By order of Council, JOSEPH FAY, Sec'y.
[Nov.] 15th. David Millington & Joseph Hornblower are permitted to pass to Colo. [John] Brown's Regiment. By order, JOSEPH FAY, Sec'y.
Andrew Stevenson, John Smith, Benoni Pendirk, Daniel Martin, & Samuel McFarren, is permitted to pass to St. Coik, to Maj. John Van Ranslears, there to diliver themselves up to the authority of New York. By Order of Council, JOSEPH FAY, Sec'y. To whom it may Concern.
STATE OF VERMONT. Bennington, 15th Nov. 1777. IN COUNCIL, date above.
Sir :- Inelosed you have a List of the names of five prisoners (& their crimes) belonging to your State, who have for some days past been Con- fined in this place. We have thought proper to Take their paroles to Deliver themselves [to] you as prisoners, & to be subject to the Author- ity of the State of N. York. You will therefore, after Examining them,
196
Council of Safety-Aug. 15, 1777, to March 12, 1778.
send for the Evidence to support the Several Charges against them, & Deal with them according to the nature of their Crimes.
I am Sir (by order of Council) your most obedient Humble Servant,
JOSEPH FAY, Sec'y.
Major John V. Ranslear.
STATE OF VERMONT. IN COUNCIL OF SAFETY, Novr. 16 1777.
Resolved that it be recommended and it is hereby recommended to the Committees of Safety of each Town in this State to Take immediately under their examination all persons who have been to the Enemy, or such as are deemed Enemies to their Country, each Committee Taking under their Examination the persons belonging to their own Town, & in such Towns where no Committee is appointed to Call the assistants of neighboring Committee. No person to be tried short of the number of seven or more Committee men selicted from three different Committees. In case any such person or persons cannot Satisfy the Inhabitants of the Town to which they belong, & obtain their Liberty to Remain at home under proper Restrictions, to send such persons forthwith to this Conn- cil, with their Crimes in writing & Evidences to Support the Charges against them.
The Council further Recommend to the respectable [respective ] Com- mittees of Safety in this State to be ever mindful of the Worthy And Lan- dable Example set us by His Excellency General Washington, & the Good people Inhabitants of New Jersey, always bearing in mind to Con- sider the weak Capacities of many who have been affrightened into a Sub- mission to General Burgoyne &c., after which seeing their Eror confess their fault & are willing to defend their Country's Cause at the Risque of Life & fortune.
By order of Council, THOMAS CHITTENDEN, Pres't.
P. S. No persons whatever Included in articles of Capitulation are to be considered.
Attest, JOSEPH FAY, Sec'y.
Mary Reynolds is permitted to send for her Gray horse & keep him in her possession until further orders from this Council. By order of Council, JOSEPH FAY, Sec'y. To whom Concerned.
STATE OF VERMONT. Bennington, 16 Novr. 1777. 2 IN COUNCIL, date above.
Dear General,-The Council inclose to your Honor a Letter from Lt. Colonel Herriek which contains an acet. of the Enemies Having avacu- ated the Fortresses Tyconderoga and Independence. as also a request to be removed to this place.
The Council would wish to know if your Honor has any further Service for them in the Northern Department. as this part of the Country seems at present to be secure on acct. of the Enemies from Great Britain, and as his Regiment was raised by this State to continue in Service until the 15 day of January next only, it is possible they might be sooner discharged if not disagreeable to your Honor's pleasure.
I have the Honor to be Dear General your
most Obedient Humble Servant.
by order, JONAS FAY, V. P. of Council. Honble Majr Gent Gates, Albany.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 197
17th Novr. 1777.
To Captain John Fassit:
Sir,-You are hereby Required to Diliver to James Brock his Cow, which you have in posession, his paying charges due for keeping and trouble.
By order of the Council. JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 17 Novr 1777.
Isaac Ives it [is] permitted to pass to Wallingford in the State of Ver- mont.
By Order. JOSEPH FAY, Sec'y.
18th Nov. This may Certify that Serjeant Silas Livermore has faith- fully done his duty as Commander of the Guard at this place, & that the Council have discharged the prisoners from the Guard house, & have no further service for him.
By order of Council, JOSEPH FAY, Sec'y. To whom Concerned.
The following is a copy sent to the several Committees of Safety in this State, viz :
Gentlemen .- Inclosed you have a Copy of a Resolve of Council by which you will be Governed, and with respect to Tory Estates it must be left to the determination of Council.'
By order, THOMAS CIIITTENDEN, Pres".
William Irish is permitted to pass to Tinmouth. By order,
JOSEPH FAY, Sec'y.
BENNINGTON, 18 Novr 1777.
Madam,-We recd. your petition 8 Instant requesting an answer. We Let you know that we are not destitute of Humane affection Towards all persons that are in principle and practice friends to America if it be found in the weaker Vessel. Therefore you are permitted to remain in Peace where you are until further orders from this or a future Council or a General Assembly of this State.
By order of Council, JOSEPH FAY, Sec'y. Mrs. Easter Hawley.
[Nov.] 18. John Foot is permitted to pass from this to Sunderland. By Order of Council, JOSEPHI FAY, Sec'y.
To whom it may Concern.
[Nov.] 18. Daniel Hill is permitted to pass to his family in the State of N. Hampshire.
By order of Council, JOSEPH FAY, Sec'y. To whom it may Concern.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 18 November 1777.
Benjamin Reynolds & George Gardner is permitted to pass to Pownal. By order of Council, JOSEPH, FAY, Sec'y.
Isaac Goodsel is permitted to pass to Wells. By order, JOS. FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 19 Novr. 1777. To Lt. Peter Roberts, Commissioner of Sequestration:
Sir,-You are hereby requested to furnish Colonel Thomas Chitten- den with a quantity of Hay at Arlington (if any there) for the support of
1 The resolution enclosed must have been that of Nov. 16, before given.
198 Council of Safety-Aug. 15, 1777, to March 12, 1778.
his cattle, keeping an acct. of the Same, & this order shall be your suf- ficient Voucher.
By order of Council,
JOSEPH FAY, Sec'y.
[Nov.] 19th. Whereas David Remington, an Inhabitant of this State, is Guilty of Deserting his Countrys Cause & repairing to the Enemy, & aiding & assisting the British Troops against the United States of Amer- ica, by which he is deemed a notorious enemy to his country,
Therefore Resolved that the whole of His Interest within this State be forfeited & sold for the use and Benefit of Said State.
It is further Resolved that the said David Remington forthwith re- pair to his family wherever they may be, and never return within this State without Liberty from proper Authority of this State, upon penalty of being taken up by any person or persons & brought before any Com- mittee of Safety or Selectmen, or any proper Authority of this State, & after being Convicted of such offence to Receive thirty-nine stripes on the Naked back put on at the Discretion of said Authority, & for every such offence to be punished as aforesaid.
By order of Council, THOMAS CHITTENDEN, Pres't.
David Remington is permitted to pass from this to his family wher- ever they may be. By order of Council, JOSEPHI FAY, Sec'y. To all Concerned.
John McNeil is permitted to pass To Tinmouth.
By order of Council, JOSEPH FAY, Sec'y.
To all Concerned.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 19 Novr. 1777.
It is the opinion and Judgment of this Council, that Deacon Azariah Rude [Rood] pay Capt. John Fassett and his two Lieutenants, Matthew Lyon and Jonathan Wright, all the Ration money due to them while in service at Onion River in the year 1776 amounting to Twenty dollars, Takeing Capt. Fassett's Rect. for the same, being money which said Rude Drew from the Quarter Master General.
By order of Council, JOSEPH FAY, Sec'y.
To Mr. Stone:
[Nov.] 20.
Sir,-You are hereby requested to diliver Mr. Frazer the Leather be- longing to him and Simon Frazer, their paying your Demands for Tan- ing. By order, JOSEPH FAY, Sec'y.
IN COUNCIL, Bennington, 20 Novr. 1777.
Sir,-Inclosed you have a Commission of Sequestration, hope you will Except the same, wish you wisdom & patience in the due Exertion [execution ] thereof, & am Sir by order of Council your most Obedient Humble Servant,
THOS. CHITTENDEN, Pres't.
Capt. Joseph Bowker.
IN COUNCIL, Bennington, 20 Nov. 1777.
Dear Colo .- In consequence of your Letter of the 14 Inst. requesting to be removed to this or some place Nigh this, The Council immediately Sent an Express to General Gates with a Copy of your Letter, as also a Copy of Gen. Powels Letter to you, & your answer. The express has this moment Returned. Inclosed you have a Copy of the Generals Let-
Council of Safety-Aug. 15, 1777, to March 12, 1778. 199
ter, which I think does you and the State of Vermont great honor, & by which you will find the Generals approbation on your Regiments being Dismissed. The Conneil therefore order that your Regiment be Dis- missed immediately as soon as this Comes to hand unless it will be a means of Frustrating some plans which you have in prosecution. Yon will be able to judge in that affair. I am directed by Council to return you and the Regiment under your Command, both officers & sol- diers, their Hearty thanks for their good services to this & the United States. The Council is also requested by the Honble Major General Gates to return you his thanks for the good services of your Regiment, which you will see by his Letter inclosed. I am sir sincerely
your Humble Servant, by order of Counsel, JOSEPH FAY, Sec'y.
Colo. Herrick.
[Nov.] 21st.
To Mr. Alfred Hathaway:
Sir,-You are hereby required to procure immediately Teames suffi- cient to Transport Ten berrils flour from Manchester to the Relief of Colo. Herrieks Regiment, Paulet. You are further Authorized to Im- press Teames where you may find them most convenient for that pur- pose, for which this shall be your sufficient Warrant.
By order, JOSEPHI FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 21st Novr. 1777. Agur Hawley is permitted to pass from this to Reupert. By order of Council, JOSEPH FAY, Sec'y.
BENNINGTON 21 Novr. 1777.
Dr. Sir,-Yours of Last Evining came to hand this Morning forwarded by Lt Holmes I am ordered by Council to let you know they are much pleased at the Spiritted Conduet of Major Wait & Capt. Allen, in their late Expedition by your orders, & that a Coppy of your Letter will be immediately sent to the Honble Major General Gates, which I think can- not fail to Recommend your Regiment in the Highest Degree. You will find Inclosed in a Letter from Council of yesterday a Copy of a Let- ter from General Gates, which does your Regiment Great Honour. Commissary Sherman (on the Reception of your Letter for Provisions) made application to Council, on which a press Warrent was Drew to for- ward Ten berrils of flour from Manchester to your relief with all possi- ble Expedition.
I am Sir with respect, your real friend & Humble Servt, By order of Council, Colo. Herrick.
JOSEPH FAY, Sec'y.
BENNINGTON 22d Novr. 1777.
STATE OF VERMONT. IN COUNCIL, date above. S
Gentlemen,-We Reed, the proceedings of your Town in October 25th ulto. These are to inform you that we have passed a Resolve in what manner Tories shall be Tried. The Commissioners of Sequestration have Reed. their orders from Couneil in what manner to proceed with Tory Estates & that those who have forfeited their Estates, it is to the State in General & not to any particular Town, til further orders from this, a future Council, or General Assembly.
I am Gentlemen By order of Council your most Obt. Humble Servt,
THOS. CHITTENDEN, P.
To the Inhabitants of Clarendon.
200 Council of Safety-Aug. 15, 1777, to March 12, 1778.
BENNINGTON 22 Nov. 1777.
We have the pleasure to inform your honor of the Success of our Green Mountain Rangers in harissing the Enemies rear on their retreat from Tyconderoga in which Capt. Ebenezer Allen with 50 Rangers has taken 49 prisoners, upwards of one hundred Horses, 12 yoke of oxen, 4 cows & 3 of the Enemies Boats, &c., &c.
Maj. Wait, who was Sent to Take possession of Mount Independence, found nothing of Consequence there except several Boates which the Enemy had sunk, in which there was some provisions. All Barracks, Houses & Bridges were Burnt, Cannon to the number of 40 were Broke & spiked up. He was so fortunate as to Take one French Settler [sutler] with some Rum, wine, Brandy, &c. Agreeable to your honor's request for Colo. Warner to come to Albany, Express was sent & he is to set out for Albany this Morning.
I have the honor to be (by order of Conncil)
your Honor's most Obedient Humble Servant, THOMAS CHITTENDEN, P. Honble Maj. Gen' Gates.
[Nov.] 24th. Resolved that Doctr. Paul Spooner, Col. Peter Olcott & Capt. Curtis be appointed, and are hereby appointed a Committee to settle with the Commissioners of Sequestration on the East side of the Green Mountains in this State, and make Returns to this Council by the first day of January next.
By order of Council, JOSEPH FAY, Sec'y.
[Nov. ] 24th. Resolved that the members of Council belonging on the east side of the Green Mountains in this State, Together with the above Committee appointed to Settle with the Commissioners of Sequestra- tion, be appointed and are hereby appointed with full powers to Deter- mine the distination of all such persons whom the Committees of Safety deem to be dangerous persons to remain within this State or the Town to which they belong, also to Determine with respect to the Confisca- tion of such Estates.
By order, THOMS. CHITTENDEN, Pres".
IN COUNCIL, Bennington, 25 Novr. 1777.
Dear General,-I am directed by Council to Inform your honor, that the prisoners Taken by Capt. Allen on the West side Lake Champlain have arived at this place. The Council thinks proper to send them to Albany where your honor can dispose of them as you shall think proper as the most part of them are Tories belonging to the State of N. York. Several of them pretend they were included in the Capitulation Between your Honor & General Burgoyne. Be that as it will they was found aid- ing & assisting the Enemy to Drive their Cattle to Canada. Your hon- or's Wisdom will be sufficient to direct in this affair.
I have the honor to be, (by order of Council,) Your honor's most Obedient Humble Servant,
THOS. CHITTENDEN, P.
Honble Majr Gent Gates.
Bennington 25th Nov. 1777.
To Capt. Samuel Robinson :
Sir,-You are hereby required to Take Seven men of your Company of Militia, Together with Eight of the Rangers, who Guarded the prison-
Council of Safety-Aug. 15, 1777, to March 12, 1778. 201
ers from Paulet to this place, & take the Command of the Guard, & March the Prisoners now in the Guard House immediately to Albany, & diliver them to the Honble Major General Gates.
I am Sir, (by order of Council,) your most Obedient Humble Servant, THIOS. CHITTENDEN, P. IN COUNCIL, 25 Novr. 1777.
Sir,-The Confusion & Multiplicity of Business Occasioned by the Unhappy War in the Northern Department since the appointment of this Council has prevented their being able to git the constitution printed which oblidges us this Council to desire you to Call together the old Conven- tion to meet at Windsor, on Wednesday the 24 of December Nexte, which you will not fail to do. I am Sir (by order of Council,)
your most Obedient Humble Servant,
THOS. CHITTENDEN, Pt. Capt. Bowker, [President. ]
P. S .- The business of the Convention will be to Adjourn the meeting of the General Assembly. THOS. CHITTENDEN.
28 Novr 1777 .- Capt. Jonathan Fassett commissioned to Sequester Tory effects, [to] last during the pleasure of this Council or other Legisla- tive body within this State. JONAS FAY, V. P.
BENNINGTON, 29th November 1777.
Dear General,-I am directed by this Council to acquaint your honor, that the prisoners taken by Capt. Allen have arrived at this place, and on examination find (to our surprise) a number of them to be included in the articles of Capitulation, therefore think to Inclose a particular re- turn of them & beg your honors further direction. Notwithstanding your orders to send them to Hartford in Connecticut yet least it might be disagreeable to your honor to send any who were destined to Canada, altho when Taken were found aiding & assisting the Enemy to drive Cattle & secure their effects, thought proper to acquaint your honor with every particular Circumstance. Beg your direction by the bearer, which will be chearfully Complied with by your Honors
most Obedient Humble Servant,
THOM. CHITTENDEN.
Honble Major Gen' Gates.
STATE OF VERMONT. Bennington, 3 December 1777.
Sir,-I have it in Command from the Honble Major General Gates to Send all the Prisoners of War (Confined in this place) to Hartford in Connecticut & Deliver them to your Charge. I have Transmitted a par- ticular return of them to the Commissary of Prisoners at Albany. You will be able to Take a particular acet. of them from their own Declara- tion.
I am Sir by order of Council
your most obt. Humble Servant,
JONAS FAY, V. P.
Ezekiel Williams, Esqr., Comr. of Prisoners, Hartford.
BENNINGTON, 4 December 1777.
This day sent to Captain Elkanah Cook to proceed on business accord- ing to Commission of Sequestration sent him. This letter sent by Mr. Stephen Williams.
JOS. FAY, Sec'y.
15
202 Council of Safety-Aug. 15, 1777, to March 12, 1778.
Resolved that Joseph Smith and Abraham Salisbury be appointed & they are hereby appointed Commissioners of Sequestration. Warrants delivered for the same. JOSEPH FAY, Sec'y.
Letter sent to John MeConnel, Manchester, to Diliver up the Cow in Custody belonging to this State to Lieut. Powel to be kept until further orders. Jos. FAY, Sec'y.
Andrew Barton1 is permitted to pass to New Haven & Return to this Council by the 10th day of January next for Tryal.
By order of Colo. Chittenden, Jos. FAY, Sec'y. N. B .- he is also permitted to Take home one cow which [he] Left on Otter Crick.
IN COUNCIL, 8 December 1777.
Sir,-Yours of the 17 Instant [ultimo] came to hand this morning re- questing to have the Evidence of Galord Hawkins sent to you. I am directed by Council to acquaint your honor that he has Contrary to Ex- press orders from Council left this Town, & as his Crimes was committed in this State, think proper that he be sent Immediately to this place for Trial. I am Sir (by order of Council)
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