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 23
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your most Oht. Humble Servant, JOSEPH FAY, Sec'y.
Edward Hinman, Esq., Woodbury, [Conn.]
STATE OF VERMONT. IN COUNCIL OF SAFETY, 12 Decr. 1777.
The Committee of Safety for the Town of Dorset are this day certified that Asa Bawlwin, Samuel McCoone, Wm. Underhil, Thomas Bawld- win & Moses Veal are discharged for whatever they may have said or acted relative to the dispute between Great Britian and America to the 23d day of September last.
By order of Council, JONAS FAY, V. President.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 20th Decr. 1777. This day given Colonel Chittenden an order to Take one Cow belong- ing to this State, now in the Custody of John Conner of Manchester, which Cow is to be appraised and an acct. Returned to this Council. By order of Council, JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 20 Decr. 1777. Andrew Hawley is permitted to Take his Gun, first obtaining Liberty of the Committee of Safety, and Return it to Committee within six weeks from this date.
By order of Council, THOS. CHITTENDEN, Pres't. To all Concerned.
The end of the Proceedings of Council as Recorded in Book No. 1, entered in this Book this 22d day of March, 1788. By order of the Governor and Council,
JOSEPH FAY, Sec'y.
1 Mr. Barton was subsequently examined and acquitted.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 203
NOTE BY THE EDITOR .- From the number of pages on the manu- script record, it appears that " Book No. 1" must have contained only about one quire of paper. The use of such books, probably unbound, with the further fact, indicated elsewhere, that the entries of some sittings of the Council were made on loose sheets, accounts for the incomplete- ness of the present official record of proceedings previous to 17SS. Next in order on the official record, (though dated in September 1777,) is the following entry, which is given here simply to indicate that it is a part of the record. The letters, which followed it, have been inserted in chronological order with the other proceedings of the Council.
BENNINGTON, 17th Sept. 1777.
The following are copies of letters written by the Council commeneing date above, & ending the 17th of Feb. 1778.1
STATE OF VERMONT. IN COUNCIL OF SAFETY, Bennington, 3d Jany. 1778.
Bennet Bardsley is permitted to pass from this to his home in Man- chester & return to Council the 8 Instant. By order of Council, JOSEPH FAY, Sec'y. To all Concerned.
Resolved to appoint Moses Robinson of Rupert2 a Commissioner of Sequestration of that Town. His Commission & Instructions Sent to him for that purpose.
By order of Council, JOSEPH FAY, Sec'y.
Resolved that Captain John Fassett Jur. be & he is hereby appointed a Commissioner of Sequestration for the Town of Arlington. Commis- sion & Instructions Dilivered.
By order of Council, JOSEPH FAY, Sec'y.
IN COUNCIL OF SAFETY, 6 Jany. 1778.
Resolved that it be recommended to the Committee of Safety Con- vened in Convention for the Towns of Shaftsbury, Bennington & Pow- nal, to Strictly Examine into the particular Circumstances of the Es- tates of all such persons as they have had under Immediate Examination & are deemed to be Enemies to this and the United States of America, & as soon as may be Transmit to this Council a Copy of their Opinion of all or any part of Estates that are Justly Forfeited to this State.
1 The first letter recorded bore date Sept. 17, 1777, and it is probable the letters were originally copied on sheets separate from the minutes and were afterwards transferred to the official record in a body, as they now stand there.
2 MOSES ROBINSON of Bennington was Councillor in March 1778 and afterward judge of the supreme court, governor, and U. S. Senator; and MOSES ROBINSON of Rupert represented his town in the Assembly of March 1778 and for several succeeding years.
204 Council of Safety-Aug. 15, 1777, to March 12, 1778.
BENNINGTON, 7 January 1778.
Sir,-You may remember that on the 211 day of October Last Judg- ment was had against you by the Council of the State of Vermont in favor of Mr. Job Wood in which Tryal you was to pay the Cost which I find on Examination to amount to about £5 0 0. Mr. Job Wood now present requests the Anthority of Council to interpose in his behalf. On this Indulgence of Council it is Expected you will pay his bill on Sight. Should you Refuse, you need not Expect a second Indulgence in the Premises. I am your friend & Humble Seryt,
JONAS FAY.
Mr. Ebenr. Wood.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 9 Jany. 1778.
This may Certify all whom it may Concern that Bennet Bardsley was Tried before this Council on the 24 day of September last for Enemical Conduct, and that he did satisfy the Judgment of Council upon which he was discharged.
And Whereas the Convention of Committees have Since taken him under their Examination & Adjudged him to be Enimical to the Liber- ties of America & Referred him to this Council to dispose of him as they think proper, They finding no Crimes against him (Transacted since his Trial aforesaid) do hereby discharge him, & he is permitted to pass to his home and there remain Unmolested, under the Inspection of the Committee, his Behaving as Becometh a friend to this & the United States of America. By order of Council,
JONAS FAY, V. Prest. of Council.
Attest, Jos. FAY, Sec'y.
[January ] 9th.
To Lt. Peter Roberts :- You are hereby required to Diliver Bennet Bardsley his horse & other effects, which you lately [took] as his Estate by virtue of your Commission of Sequestration for the use of this State. By order of Council, JOSEPH FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL, Bennington 10 Jan'y. 1778.
Dear Sir,-At the last Sitting of the General Convention at Windsor the 24th of Decr. last they were pleased to Choose you a member of the body. Ira Allen Esqr. was appointed to advertise you therewith & de- sire your Immediate Attendance at this place; And least he should through hurry of business have neglected it, the Council Congratulate you on your appointment & Request your attendance without loss of Time, as much business is on hand of Absolute Necessity to be im- mediately Compleated, as Settling with the Rangers, &c.
I am Dr. Sir your most Obedt. Humble Servant, JONAS FAY.
Benjamin Carpenter, Esqr.
BENNINGTON 12 Jany. 1778.
Sir,-Yours of this days date is now before the Council in which you request to know whether Thomas Barren & Jonathan Nicholdson are prisoners of War. The Council have wrote to Gen. Gates on the Subject, who says in his answer they are by all means to be deemed as Such.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 205
The Council therefore Expect you to Provide for them their rations on application until an Opportunity shall Present for disposing of them Otherwise.
I am Sir your Humbl. Servant, By order of Council,
William Sherman, Esqr .. JONAS FAY, V. President of Council.
Commisary.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 12th Jany. 1778.
Gentlemen,-On application of Mr. Butterfield forwarded by the Honble Colo. Chittenden, this Council have Taken into Consideration the Mat- ter relative to the Estate the former property of James Hard 1 late of Arlington, and are of Opinion that you have good right to rent the whole agreeable to your Instructions in your Commissions (except but for one year from the first of April next) Notwithstanding the Womans Deed (Distinct) or otherwise from her husband.
I am, Sir, your Most Obedt. Humble Servant, JOSEPH FAY, Sec'y. Capt. Fitch & Lt. Roberts, Commissioners Sequestration S
STATE OF VERMONT, IN COUNCIL OF SAFETY, Bennington, 12th Jany. 1778.
This Council having taken into Consideration the application of the Honble General John Stark requesting ten effective men to be immediately Employé in Beating & Treading the Snow in the Road Leading from this place thro the pass of the Green Mountains to Colo. William Wil- liams in Draper Alias Wilmington within this State, do hereby Grant the said request, & order that Capt. Samuel Robinson, overseer of the Tories, provide such numbers properly officered & equippt with pro- visions and other requisite necessaries for such Service, who are to be in readiness to March Immediately.
By order of Council,
Attest, Jos. FAY, Sec'y. JONAS FAY, V. P. Jan. 12 1778.
To Capt. Sam'. Robinson, Overseer of Tories:
You are hereby required to Detach Ten effective men under your Com- mand with proper officers to take the charge and March them in Two Distinct files from this place through the Green Mountains to Col Wm. Williams Dwelling house in Draper Alias Wilmington within this State. who are to March & Tread the Snow in Sd. Road to suitable width for a Sleigh or Sleighs with a Span of Horses on Each Sleigh, and order them to return Marching in the Same manner to this place with all con- venient Speed. By order of Council, JONAS FAY, V. P.
N. B. you are to order 3 days provisions to each ) of such men & the same to be Cooked this day & to March at 6 oClock tomorrow morning.
Attest, JOSEPH FAY, Sec'y. JONAS FAY, V. P.
BENNINGTON, 13 January 1778.
The petition of John Payne, John Ordway, Comfort Sever & their associates, being presented to this Council, having Taken the Same under their Consideration, Voted that said petition remain in this office on file
1 Hard was proscribed by the act of Feb. 26, 1779.
206
Council of Safety-Aug. 15, 1777, to March 12, 1778.
& at the sitting of the General Assembly of this State to be laid before them, being the first Petition made for the Grant of the Land therein Mentioned. 1
By order of Council,
THOS. CHITTENDEN Pres't.
Attest, JOSEPH FAY, Sec'y.
[Jan.] 13th.
To Irael Camfield, [Israel Canfield,] at Arlington:
You are hereby ordered to deliver to the Bearer Mr. Daniel Sherman, Ten sides of Neates Leather & Two sides of horse Hide.
Pr order of Council, THOS. CHITTENDEN, Pres".
[Jan.] 13th.
Benjamin Eastman of Arlington is permitted to remain at home until further orders from this Council he Behaving as becometh. By order of Council, THOS. CHITTENDEN, Pres"t.
Resolved that it is the Opinion of this council that Abner Wolkuts 2 Estate is & it is hereby Declared to be forfeited to this State. (by order of the Council)
THIOS. CHITTENDEN, Pres".
Attest, Jos. FAY, Sec'y.
BENNINGTON, 13 Jany. 1778.
STATE OF VERMONT. IN COUNCIL, date above.
To Mr Peter Hawley:
Sir,-Please to deliver to the Bearer James Lewis Seargeant Major one & a half Bushels Wheat. pr order of Council, THOS. CHITTENDEN, Pres't.
[Jan.] 14.
This Council Having this day examined the Complaint and evidence against Mr. Andrew Barton relative to Enimical Conduct against the United States of America, do hereby Acquit him from Such Complaint, & do Also permit him to pass & repass on his Lawfull business unmo- lested. By order of Council, JOSEPH FAY, Sec'y.
To whom it may Concern.
-14. -
Resolved that it is the opinion of this Council that Deacon Azariah Rood is guilty of Enimical conduct against the United States of America, therefore Voted that he pay a fine of thirty pounds L. Money for the use of this State & to Stand Committed until this Judgment be Complied with. Further Resolved that said Rude is not permitted to go further to the Northward than the North line of Rutland within this State on pen- alty of forfeiting & paying a fine for the use of the Same.
By order of Council, TIIOS. CHITTENDEN, Pres".
Attest, Jos. FAY, Sec'y.
1 This was the first petition made to Vermont for a grant of land, and the original is in the office of the Secretary of State. In response, the township of Bethel was granted.
2 Abner Wolcott of New Haven was proscribed by the act of Feb. 26, 1779.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 207
IN COUNCIL, Bennington 14 Jany. 1778.
This Council having Taken under their Examination the Complaint of Captain Samuel Robinson against Deacon Azariah Rude for defrauding & endeavoring to cheat him the said Robinson out of Seventy Seven dol- lars Billiting Money, &c .. And do hereby Resolve that the said Rood pay Capt. Robinson Seventy Seven dollars being his demand for billet money, & pay Cost & to stand Committed until this Judgment be Com- plied with.
By order of Council, Attest, JOSEPH FAY, Sec'y. THOMS. CHITTENDEN, Pres". The above Judgment satisfied & paid.
JOS. FAY, Sec'y.
STATE OF VERMONT. IN COUNCIL, 14 Jany. 1778.
Whereas many of the Inhabitants of this State are drove from their Possessions the last year by the Enemy, by which means they have been Prohibited the Benefit of Securing their Corn, Grain, &c. & from making the necessary preparations for a future Crop, by which meanes there appears to be Great Danger of such Inhabitants & others Suffering for Want thereof, And Whereas it has been Represented to this Coun- cil that Considerable Quantities have been & still are daily Trans- ported out of this State, To prevent such Inconveniency in future, this Council have Taken the same under their consideration, & have thot fit & do hereby Resolve that no wheat, rye. Indian Corn, Flour. or meal be Transported out of this State, or sold to any person not residing within the Same (except Continental Stores) after the date of this Resolve, ex- cept they have a permit from this Council. or General Jacob Bayley, Col. Peter Olcott, Colo. Joseph Marsh, Colo. John Barret, or any two of them. Any person or persons Violating this Resolve shall on Conviction thereof, before 5 or more Committee men of the Town, or Towns, ad- jacent to where such grain, Flour, or meal is carried from, (who are hereby Authorized to hear, Judge & Determine the Same.) shall forfeit such Load or quantity of Grain, Flour, or meal & three fold the Value thereof in money, one half to be given to any person or persons prose- cating to effect, the other half to be Converted to the use of this State, & this Council do hereby Recommend it to the Several Committees of Safety within this State to See this Resolve duly Observed, any one of whom is hereby Authorised to Seize. or on Complaint & application to Issue his Warrant to seize & Detain any such article before prohibited, & cause such person or persons to be examined & Tried as aforesd. This Resolve to Continue in force until the first Day of June next unless otherwise determined by the General Assembly of this State.
By order of Council, THOS. CHITTENDEN, P. Attest, Jos. FAY, Sec'y.
IN COUNCIL OF SAFETY, 15th Jany. 1778. This may Certify whom it may Concern that Deacon Azariah Rude 1
1 Judging from charges against Mr. Rood. and judgments of the Coun- eil, he could not have been very highly esteemed as a deacon by his accusers. It should be remembered, however, that his patriotism was doubted and his accusers were zealous whigs who would naturally judge him harshly. The record shows that he respected the judgments against him and took the oath of fidelity. It may be added that he kept it faith-
208
Council of Safety-Aug. 15, 1777, to March 12, 1778.
having passed Examination before this Council and Voluntarily Taken the Oath of Fidelity to the United States of America, has liberty to pass from this to Rutland & repass on his Lawful business any where to the Southward of this State, his behaving as becometh a friend to this & the other States of America.
By order of Council,
Jos. FAY, Sec'y.
To all Concerned.
Resolved that Messrs. John Wood & Benjamin Fay be & are hereby appointed assistants to Capt. Samuel Robinson as overseers of Tories. By order of Council, THOS. CHITTENDEN, Pt. Attest, Jos. FAY, Sec'y.
16 January 1778.
To Reuben Sealey & the rest of the Heirs of Ephraim Sealey, late of Danby Decd :
You are hereby Notified to appear before this Council on Thursday the 22d Inst. to show eause (if any you have) why the real Estate of Ephraim Sealey aforesaid shall not be Confiscated to this State. By order of Council, THOS. CHITTENDEN, Pres't. Attest, Jos. FAY, Sec'y.
BENNINGTON 17 January 1778.
Whereas the Council must Take a Considerable Part of their time from this date to prepare matters to be Laid before the General Assembly- And Whereas there has been for some time past and probably will in future many things be laid before this Council that are of a private na- ture which Intercepts & hinders them from pursuing the business they were principally appointed for by the Convention of this State, there- fore Resolved that from this date until the 220. of this Inst. January, & from the 5 of Feby. until the 12th day thereof, this Council will Attend on business of a Private nature, and at no other Time until the Sitting of the Assembly.
By order of Couneil, THOS. CHITTENDEN, Pres't.
The above Advertisement to be made public.
-17 .-
To Mr. Eli Roberts:
You are hereby fully authorized & Impowered to take into your Cus- tody all the moveable effects of David Remmington and Abner Wolcott, Except what Humanity requires for the support of sd. Wolcott's Family,
fully. Deacon AZARIAH ROOD, of Lanesboro, Mass., was one of the three first settlers of Jericho in 1774, the first selectman chosen, and the chairman of the committee to hire the first candidate as clergyman. He died in 1795, leaving a son, THOMAS DARKELY ROOD, a model deacon, who left two sons, both clergymen of repute, Rev. HEMAN ROOD, D. D., head of the theological seminary at Gilmanton, N. H., and afterward elergyman at Hartford, Vt .; and Rev. ANSON ROOD, pastor for several years of a congregational church in Philadelphia. where he died .- See history of Jericho in Vt. Hist. Mag., vol. 1, pp. 829-832. The editor re- members one of these clergymen as principal of Washington county grammar school.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 209
& also to seize & Lease out to some proper person the Real Estate of the aforesaid persons not Exceeding one year from next April. The movea- ble Estate you will Sell at Public Vandne or otherwise as you shall think best. You will out of the avails of the moveable Estate of Abner Wol- eott supply his family with provition until further orders, the overplus of money after your Cost (if any be) you will return to the Treasurer of this State. You will keep a true & Just account of all that you Sell, & the price of what you expend for the use of the Family, any other Com- missioners authority Notwithstanding in the State of Vermont.
By order of Council, THOS. CHITTENDEN, Pres't.
STATE OF VERMONT. IN COUNCIL OF SAFETY, 19 January 1778.
Whereas sundry Inconveniences have arose by reason of the Commis- sioners of Sequestration Interfering one with the other; therefore Re- solved that no Commissioner of Sequestration for the future be allowed to Transact Bisiness for this State in any Town where there is a Com- missioner appointed. And when any Commissioner has Transacted Bisiness before this date in any Town where there is a Commissioner now appointed, they are directed to Transfer their business done in sd Town over to said Commissioner.
By order of Council, THOS. CHITTENDEN, Pres't.
Attest, JOSEPHI FAY, Sec'y.
BENNINGTON 20 January 1778.
This may Certify whom it may Concern that Thomas Tuttle having passed Examination before this Council that he appears to be a friend to the United States of America.
By order of Council,
THOS. CHITTENDEN, Pres't. Attest, JOSEPHI FAY, Sec'y.
[Jan.] 20th. Permission is hereby granted to the bearer Alexander Gourdon to Transport 20 bushels Wheat & fifteen of Indian Corn out of this State agreeable to a former Contract (certified on Oath) made pre- vious to the Resolve of Council Laying an Embargo on Wheat, &c. By order of Council, THOS. CIHTTENDEN, Pres't.
[Jan.] 21. This Council having Taken into Consideration the Com- plaint of Witherel Wittum against William Wheeler, & having heard the Several Evidences relative to the case, of opinion that William Wheeler pay Witherel Wittum two pounds sixteen shillings Lawful Money, which is the demands of the Execution against Wittum for cost, &c. & pay the cost of shit ammount to $2 12 0 L. Money.
By order of Council, THO". CHITTENDEN, Pres't.
Attest, JOSEPH FAY, Sec'y.
IN COUNCIL, Bennington 22 Jany. 1778.
To Mr. Bottom of Shaftsbury:
Sir,-You will please to Deliver Christopher Roberts three sheep which you have in your Custody, supposed to be the property of this State. his paying your reasonable Charges for their Keeping, &c.
By order of Council, THOS. CHITTENDEN, Prest.
Benjamin Eastman is permitted to return from this to Arlington & their remain until further orders.
By order of Council, THOS. CHITTENDEN, Prest.
To all Concerned.
210 Council of Safety-Aug. 15, 1777, to March 12, 1778.
To John Reynolds:
Sir,-Please to deliver to Mr. Christopher Roberts one sheep which you have in your Custody supposed to be the property of this State, his paying your reasonable Charges for keeping, &c.
By order of Council, THOMAS CHITTENDEN, Pres't.
[Jan. ] 22. Permission is hereby given to the bearer Arad Ivril to Trans- port five hundred Wt of Flour out of this State agreeable to a former Contract (certified under Oath) made previous to the Resolve of the Council Laying an Embargo on Wheat, &c.
By order of Council, THOS. CHITTENDEN, Prest.
To all Concerned.
IN COUNCIL, Bennington 23 January 1778.
Whereas Repeated applications have been & are like to be made to this Council by the Tories now in this place destined to hard Labor for permits to go to their homes by which means this Council is much Ob- structed in their more immeadiate & necessary business, to [prevent] such inconveniences in future,
Resolved that Captain Samuel Robinson & his assistants be hereby Authorized to permit the Several Tories of the First Class to go home for a necessary Limited Time (at their discretion of the said Robinson & his assistants,) on Extraordinary Occasions, as in case of sickness, & distress of their Families, &c.
By order of Council,
THOS. CHITTENDEN, Pres't.
Attest, JOSEPH FAY, Sec'y.
The above sent to Capt. Samuel Robinson.
23d. This Council are of opinion that John McNeil has been under Confinement 15 days Contrary to the True intent of the Committee be- fore whom he had his Tryal & as he appears to be out of Health you have therefore Liberty to give him a pass to go home & remain there unmolested 15 days.
By order of Council, THOMS CHITTENDEN, Pres't.
Captain Sam'. Robinson.
STATE OF VERMONT. IN COUNCIL, Bennington 24 January 1778.
Whereas it has been Represented to this Council, that divers persons (to the great disadvantage of this State) have bought & sold to the In- habitants in small quantities, & at Exhorbitant prices, (& Continue so to do) certain Spiritnous Liquors, whereby drunkenness, Idleness, Quar- rels, &c. &c. is promoted among us, which Evil to prevent in future, have thought fit and do hereby Resolve that the Committees of Safety, Selectmen, & Constables of Each Town within this State, shall meet Together at some convenient place within each respective Town on the second day of March Next, & Nominate by their Major Vote a Sufficient number of suitable persons to keep houses of public Entertainment for Travellers for the year Ensuing, or until otherwise ordered by the Gen- eral Assembly of this State, & return their Names to this Council, or to any two of the members thereof, who are hereby fully Authorized and Impowered to Grant License for that purpose Taking one Dollar or six shillings as a fee for the Same.
Further Resolved that if any person or persons within this State not Licensed as above shall after the 30 day of March next presume directly
1 Probably Avrill or Averill, of Sunderland.
Council of Safety-Aug. 15, 1777, to March 12, 1778. 211
or indirectly to sell any kind of Spirituous Liquors, in any less Quantity than one Quart, nor any quantity to be Drank in or about his, her, or their house or houses, for any such offence being thereof duly convicted before three of the Committee men of the Town where such offence is Committed, (who are hereby fully authorized and impowered to hear and Determine the same.) shall forfeit & pay the sum of Six pounds Lawful Money, the one half to be applied for the use of the Town where such offence is committed. and the other half to be given to the person Com- plaining & prosecuting to effect.
By order of Council, THOS. CHITTENDEN, Pre't.
Attest, JOSEPH FAY, Sec'y.
IN COUNCIL, Bennington 24 January 1778.
Permission is hereby Given to the Bearer hereof. Mr. David Safford,to Transport two Thousand Wt. of flour out of this State, agreeable to a former Contract made previous to the Resolve of Council (Certified on Oath) Laying an Embargo on Wheat, &c.
By order of Council, THOMAS CHITTENDEN, Pres'. To whom it may Concern.
24. Resolved that Captain [Zadock] Averis be directed to Employ Abner Wolcott in the Service of the Continent while necessary, unless otherwise ordered by this Council. & that Capt. Averis make return of said Wolcott & his doings to this Council.1
By order thereof, MOSES ROBINSON, P. P. Tem.
24. Permission is hereby given to Abner Wolcott to pass from this place to Skeensboro to join Capt. Zadock Averis, pr. Order of Council, MOSES ROBINSON, P. P. Tem.
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