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 27
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About the year 1806 several of Mr. Emmons' children had gone west and settled beyond the Mississippi at St. Charles. They persuaded him to follow them presently, giving glowing descriptions of the beauty and fertility of the new world where they were. But he was too old to bear transplanting, and died six weeks after reaching the promised land, in 1811, at about the age of eighty-six years .- See Records of Woodstock; Eastern Vermont; and Deming's Catalogue.
THOMAS MURDOCK of Norwich was a member of the Westminster Convention of Jan. 15, 1777, and of the Windsor Convention of June 4,
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Governor and Council-Introduction.
1777. He was councillor and member of the court of confiscation in 1778 and until Oct. 1779; and judge of Windsor county court 1782-87. He represented Norwich in 1780 and 1782. Graham said that Mr. Murdock, being tired with the noise and bustle of public affairs, retired to do- mestic enjoyments and the calmer pleasures of private life. He died at Norwich in 1803 .--- See Deming's Catalogue; Graham's Descriptive Sketch; Thompson's Gazetteer, 1823.
Gen. PETER OLCOTT was another of the eminent men of Norwich, active in both the civil and military affairs of the state. In May 1777 he was appointed by New York one of the commissioners to receive the property of those who had joined the enemy; and in 1778, under Ver- mont, he performed a similar service as one of the court of confiscation for eastern Vermont. He was a member of the Windsor Convention, June 1777; also of July and December, 1777, which adopted the consti- tution. That Gen. OLCOTT was a delegate with JACOB BURTON, for Norwich. in the Convention which adopted the constitution in July and December, 1777, is stated on the authority of the late Doct. JOSEPH A. GALLUP, who was eight years of age at the time, and had his informa- tion from his father, WILLIAM GALLUP, who was also a delegate for Hartland in the same convention-See Additions and Corrections, post. In 1777 he commanded a regiment in Gloucester county, and, like Col. Marsh, was summoned to march with half of it in August for the relief of Bennington. Failing of course in this, for want of time, he was nevertheless employed in other military service in that region. He was councillor from the first session until Oct. 1779, again 1781-1790; lieutenant-governor 1790-'93; and judge of the supreme court 1782-'84. He died at Norwich in September 1808 .- See Eastern Vermont; Dem- ing's Catalogue; Legislative Directory; Thompson's Gazetteer.
THOMAS CHANDLER, Jr., Secretary, seems to have filled that station by virtue of his election as Secretary of State, by the General Assembly, March 13, 1778. On that day he took the oaths of office and commenced service as Secretary of the Council. He was son of Thomas Chand- ler, senior, who was chief judge of the royal court at Westminster, which was captured and overthrown by the whigs immediately after the West- minster massacre. Thomas Chandler, Jr., was born [probably at Wood- stock, Conn .. ] Sept. 23. 1740, (old style.) and came to New Flamstead, Vt., (now Chester,) with his father in 1763. In March of that year, at a meeting of the proprietors, holden at Worcester Mass., he was appointed town clerk, and he held that office until March 1780. July 16, 1766, he was appointed (by New York) assistant justice of the inferior court of common pleas for Cumberland county, and he held the office until after the Westminster massacre. He was a delegate in the Westminster Con- vention in Oct. 1776, and Jan. 1777.1 He was elected to the first
1 The records of the Conventions and of the Assembly omit the junior. It was Thomas Chandler who was elected Secretary of State, but when he
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Governor and Council-Introduction.
General Assembly, in March 1778, also Oct. 1778-81, and in 1787. He was elected clerk of the first General Assembly (while a representative,) but abandoned both posts to be Secretary of State. He was speaker of the Assembly Oct. 1778-80, resigning in the middle of the session of the last year on account of charges affecting his character, for which he brought a libel suit and recovered damages. He was judge of the first supreme court, elected in Oct. 1778, and of Windsor county court in 1786. He was reduced to poverty by sickness in his family, and was constrained to ask, by petition, Oct. 15, 1792, for an act of insolvency in his behalf .- See Eastern Vermont; Deming's Catalogue; and Legislative Directory.
came to act at such, he added the junior to his name. It is presumed that every reference in the records (except in an act for the relief of Thomas Chandler, passed at the October session 1785,) refers to Thomas Chandler, Jr.
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
FIRST SESSION WITH THE GENERAL ASSEMBLY, MARCHI 1778.
STATE OF VERMONT, WINDSOR, March 13, 1778.1 5
This day Commences the first Proceedings of Council upon the Estab- lishment of the Constitution of the State of VERMONT.
Sir,-Whereas the Freemen of this State have by their Vote appointed you to be one of the members of the Honble Council of this State, & whereas it is of Necessity that the Several members be Together at this present Sessions2 of General Assembly, you are therefore desired to Attend that business immediately.
By order of the Govr. & Council,
THOS. CHANDLER, Jur., Sec'y. The Honble Jacob Bayley, Esqr.
STATE OF VERMONT, Windsor 14 March 1778.
Sir,-You are by the freemen of this State appointed a member of Council. You are directed to Attend the business at this place with all Convenient dispatch.
I am your honor's Humble Servant, By order of the Govr. & Council,
THOS. CHANDLER, Jur. Sec'y. Moses Robinson, Esqr.
1 From the Assembly Journal of March 13 :
The Governor, Deputy-Governor, Treasurer, and Council were sworn to their several offices .- See Constitution, ante, chap. II, sec. IX.
Doct. Jonas Fay, Capt. Ira Allen and Colo. Peter Olcott appointed by the Council to join a Committee of the Assembly to wait on a committee from the east side of Connecticut river, [in reference to union with Ver- mont.] March 18, the Assembly resolved to lay the proposition of this committee before the people of this state for their consideration and determination .- [For papers on the first union of New Hampshire towns with Vermont, see Appendix G, No. 1.]
2 That is, the several expected daily sessions of the body. The word " session," as descriptive of the entire time the Council, the General Assembly, or both bodies jointly, were together, was not then used.
244
Governor and Council-March, 1778.
STATE OF VERMONT.
In General Assembly Windsor 14 March 1778.
In General Assembly of the Representatives of the freemen of the State of Vermont,
Resolved, that His Excellency the Governor, Depy. Governor, & the Honorable Council of the State, or such persons as they shall appoint of their body. be hereby impowered to draw on the Treasurer General of this State for such sums of money as they shall need to Settle with the Rangers & others heretofore Raised for the defence & Security of this or the United States of America, Agreeable to an act of Convention or of Council for said purpose, & all other Just Debts of this State, they Rendering an account of the Same to such Auditor or Auditors as shall be by this House appointed for that purpose.
By order of Assembly, NATHAN CLARK, Speaker.
Test, BENJAMIN BALDWIN, Clerk. To His Excellency, Govr. & Council. ?
STATE OF VERMONT. In General Assembly Windsor 18 March 1778.16
Upon the petition of John Payne. John Ordway, Comfort Sever & their associates, praying to be assured that they shall have the refusal of so much of the Lands thereon discribed as shall hereafter be found to belong to this State & that they shall be granted to them on Reasonable Terms and Incorporated into a distinct & separate Town, as by petition on file Bearing date Jany. 1st 1778 may appear, therefore Resolved by this Assembly that the above named John Payne, John Ordway, Comfort Sever, and their associates. Provided they are forty-six in number, besides what is hereafter reserved for Public uses viz. one Right or share for the
2 From the Assembly Journal:
March 16 .- Voted, to send a request to his excellency the Governor and Council, to prepare a Bill or draught of regulating the militia, and a mode for the defence of the Frontiers, and means to supply the Treasury of this State.
March 17 .- Voted, to accept the Bill presented to the House of Repre- sentatives by his Excellency the Governor and Council describing the boundaries of the country on the west side of the mountains .- [All Western Vermont named " Bennington County."]
Voted, that the bill presented to this House by the Governor and Council be altered, and, in the place of " New Hampshire," insert the west bank of Connecticut river .- [Thus fixing the eastern boundary of Vermont on the west bank. ]
Voted. to accept the bill presented to this House by the Governor & Council, prescribing the boundaries & the County on the east side of the mountains, with the alteration as above .- [Eastern Vermont first called " Unity County," which was changed to " Cumberland."]
1 From the Assembly Journal:
March 18 .- The act for providing, altering, regulating and mending highways, with the exceptions presented to this House by the Governor and Council, was put to vote, and passed in the negative.
Voted, that the style of the Governor of this State be His Excellency
Voted, to coneur with the Governor and Council relative to the time and place when and where to adjourn this Assembly whenever they think proper to adjourn.
245
Governor and Council-March, 1778.
first settled minister, one for the parsonage, one for a School, & four hundred arres, which is Reserved in the southwest Corner of the said Town for the use of a College, Be assured, that the rest of the Land above referred to shall be granted to them agreeable to the Tennor of their Sd request at the appraisal of Indifferent men, as Wild Lands, when the Circumstances of this State will admit of its being done with propriety ; on Condition of one Settler be settled on each private share in two years after Granted, the said petitioners advancing the sum of Two thousand dollars on Loan in the Loan Office which shall hereafter be established in this State, agreeable to the proposals of their agent to this Assembly within Two months after such Loan office shall be properly Erected.
Passed in House of Representatives, BENJAMIN BALDWIN, Clerk.
WINDSOR. March 13, [19,] 1778.1 STATE OF VERMONT. In Council, date above. S
To Captain Thomas Sawyer .- By Express have the honor of your Wor- thy exertions on thursday. While we regret the loss of Lt. Barnum and your men, Congratulate you on your Signal Victory over such a Superiority of numbers. Viewing your dangerous and Remote Situa- tion, the difficulty in Reinforcing & supplying you, do therefore direct you to Retreat to the Block-house in New Haven. Bring with you all
1 It is not possible that this date could be the 13th at Windsor, the ex- treme eastern border of the state, as the fight was on the 12th at Shel- burne on the extreme western border. Capt. Sawyer went from Shel- burne to Clarendon, some days' work then. and from thence sent the express messenger, who did not reach Windsor until the 19th, on which day the Assembly received his message. On the 19th the Governor and Council sent their orders by the messenger on his return, and of course sent the above letter by the same hand. In 1776 Moses Pierson had raised a large crop of wheat on what has for years been celebrated as " the Ezra Meech farm," which lies on the lake a few miles south of Burlington city. He was forced by his fear of the enemy to leave in the autumn, but he returned in January 1777, accompanied by Capt. Thomas Sawyer and fourteen soldiers, who had marched through the trackless wilderness about ninety miles, none of them being mounted but the captain. Two months were spent in strengthening the place. resulting in a block-house, made of large logs laid closely together, and with few windows. On the 12th of March this party was attacked by a party of fifty-seven, Indians apparently, commanded by a British officer. The fight was stubborn ; twice the house was set on fire by the enemy, but the flames were extinguished, once by Lieut. Barnabas Barnum of Monk- ton, who lost his life by the daring act. After fighting two hours, the enemy retreated, were pursued, and two of them were captured. The Vermonters lost, in addition to Barnum, Joshua Woodward, (residence not known,) and Samuel Daniels of Leicester-three killed. The loss of the enemy was at least twelve killed, among whom were a British cap- tain and an Indian chief. In 1814 several British officers were captured
.
246
Governor and Council-March, 1778.
the Friendly Inhabitants. You are not to distroy any Buildings, wheat or the effects. You will remain at sd Block-house until relieved by Cap- tain Ebenezer Allen, or Capt. Isaac Clark, who are directed immediately to repair to your Relief.
By order of the Governor & Council.
THOS. CHANDLER, Jur., Sec'y.
Voted in General Assembly this should be sent. BENJA. BALDWIN, Clerk. To Capt. Sawyer.
STATE OF VERMONT. IN COUNCIL, Windsor, March 19, 1778.1 To Captains Ebenezer Allen and Isaac Clark:
Gentlemen,-By Express this moment Reed the aects of Captain Thomas Sawyer's late Signal Victory over the enemy at Shelburn,- Therefore direct you to repair to his relief without loss of Time. You are to Take post at Fort William, on Otter Creek. for the Time being. You will Send Scouts to protect the Inhabitants, or to harrass the En- emy, as you in your wisdom may Determine. All the inhabitants you cannot Safely Proteet, you are to Invite to move within your lines (to be by you prescribed for the time being) within a Reasonable time, & all such as move to Come in (if need be) you will assist, and those that Refuse such kind Invitations, you are to Treat as Enemies to this & the United States of America. If possible you will secure the Wheat at Shelburn & such other effects as shall be in your power. You are not to burn or destroy any Buildings, or other effects.
I am Gentlemen your obedient Humble Servant, By order of Council, THOS. CHANDLER, Jur. Sec'y. Captains Allen & Clark.
Voted in the House of Representatives to be sent.
BENJA. BALDWIN, Clerk.
and brought to Burlington, where Ziba Pierson (son of Moses and aged seventeen at the date of the fight at Shelburne.) became acquainted with one of these, a lieutenant named Larama. This man told Pierson that his father was a captain in the British army, and was shot down at Pierson's in Shelburne in the revolutionary war .- See histories of Shelburne, Lei- cester, and Monkton, in Vt. Hist. Mag., vol. I.
1 From the Assembly Journal:
March 19 .- Voted, that the Council do take the express (sent from Capt. [Thomas] Sawyer in Clarendon) into consideration and report thereon to this House.
Voted, to send the order presented to this House, [in consequence of the preceding vote, ] by the Governor and Council, to Captains Ebenezer Allen, Isaac Clark, and Thomas Sawyer.
Voted, to petition the Governor and Council, whether they would do any thing relative to persons which have been to the enemy and have returned.
Voted, to give his Excellency the Governor the sun of fifty pounds as a Salary, for the time since he came from home, until the next Session of the General Assembly.
March 21 .- A bill being presented to this House, by the Council, rel- ative to raising men to fill up Colo. Seth Warners Regiment; which, be- ing read and debated, was put to vote, and passed in the negative.
A bill being presented to this House by the Council, relative to estab- lishing the common law [of England] as the law of this State; which being read and debated, was put to vote, and passed in the affirmative.
247
Governor and Council-March, 1778.
STATE OF VERMONT. Windsor 23 March 1778.1
Sir,-You are hereby directed to diliver to the bearer Mr. Watts Hub- bard the Bond made by Zebediah [Zedekiah] Stone Esqr., the bearer [Hubbard] & Alexander Parmalee for the Safe keeping in Custody Watts Hubbard Jur .. for which this shall be you Sufficient discharge with his Reet. on the back. I anı Sir your Humble Servant,
By order of Council, THOMAS CHANDLER, Jur., Sec'y.
Capt. William Dean.
[STATE OF VERMONT. IN GENERAL ASSEMBLY, March 24, 1778.] 2
Whereas it is Represented to this Assembly that there are certain Parcels of Land divided into Lotts Lying in the Township of Hertford formerly the Property of White Head Hicks,3 and others now gone over to the Enemy & Consequently forfeited to the United States of Amer- ica; & Whereas the Honble Continental Congress have Recommended to the Several States to make Immediate Sale of such Lands; And Whereas Mr. William Gallup + of sd Town has made application to this
' From the Assembly Journal:
A bill was presented to this House by the Council, relative to their paying the surgeons for dressing the wounds of the soldiers of this state, that was wounded in the Bennington Action-being read and debated, was put to vote, and passed in the affirmative.
2 From the Assembly Journal:
Voted to accept of the bill presented to this House by the Council, relative [to] giving Capt. Gallup liberty to dispose of some tory land, on certain conditions therein mentioned.
Voted to submit the drawing the lines of defence, in the northern de- partment, unto the Governor and Council.
Voted that his honor, the deputy-Governor, have the same wages pr. day. as a Councillor.
The constitution expressly gave to the lieutenant-governor the right only of filling the executive office in the absence of the governor, or when there was no governor; but the intention doubtless accorded with the interpretation which was given from the beginning, that the lieutenant-governor was to all intents and purposes a councillor when he was not filling the executive chair.
3 Whitehead Hicks was mayor of N. Y. city, and one of a large num- ber to whom Gov. Dunmore had granted fifty thousand acres of land near Otter Creek, in violation of the orders of the king in council. Five days after Dunmore went out of office, Hicks and his associates trans- ferred their shares in this land to Dunmore himself, thus stamping the grant as a fraud .- Early History, pp. 100-102.
4 WILLIAM GALLUP of Hartland was a delegate in the Convention at Windsor, June 4, 1777, as appears from the printed record. His son, Doct. JOSEPHI A. GALLUP, in a memoir dated August 14, 1846, states that his " father, William Gallup, was one of the seventy-one delegates, mem- bers of the Convention that met at Dorset and Westminster and Wind- sor in 1776, 1777, and declared Vermont a free and independent State.
248
Governor and Council-March, 1778.
body for Liberty to Dispose of the same to Good Inhabitants-Therefore Resolved that Mr. William Gallup may agreeable to his request (on put- ting one thousand Dollars into the Loan office of this State for the Terme of one year, said money to be Considered as Lent to the State, & by no meanes any payment for said Land, but that said persons so purchasing may at the Expiration of one year have so much of said Lands at the appraisal of men, as Lands are now disposed of, in which case the Interest of sd money is not to be given, or as they may then be at their option as will ammount to the money so Lent,) be permitted to make sale of said Lands to such inhabitants. on proviso that if it should hereafter appear that said land ought not to be disposed of as aforesaid, that the person or persons so purchasing shall Receive their money again of the Treasury of this State with interest for the Same at Six pr Cent pr Annum.
Passed in the House of Assembly, March 24, 1778. BENJAMIN BALDWIN, Clerk.
STATE OF VERMONT. Windsor 25 March 1778.12 IN COUNCIL, date above.
Watts Hubbard Jur. as principle & Watts Hubbard & Zedekiah Stone both of Windsor as Sureties Recognized in Two hundred and fifty pounds Each to the Treasurer of this State, or his Successors, the Condition of this Recognizence is Such that if the Above said Watts Hubbard Jur. shall appear before the Special [court] of the half Shire of Westminster when Summoned thereto, & not Depart there without Leave, then this present Obligation to be void otherwise to remain in full force and Virtue.
STATE OF VERMONT, Windsor March 25, 1778. In the House of Representatives.
Resolved that Each Councillor have three Dollars and a half for Each Day that they Spend in the Service of this State Together with 4d pr Mile Travelling, to be laid before his Excellency in Council.
Test, BENJAMIN BALDWIN, Clerk.
WINDSOR 26 March 1778. STATE OF VERMONT. IN COUNCIL, date above.
Whereas it is Absolutely necessary that a Court be appointed to Con- fiscate & order the Sale of the Estates both Real & personal belonging to the Enemies of the United States, & which lies within the Limits of this State-And whereas the Honorable the General Assembly of this State have impowered the Governor & Council to Determine the Same, there-
Although only of the age of eight years, I well remember the time of these transactions and the great solicitude and excitement that prevailed and seemed to pervade the minds of all classes of society. He died Au- gust 13, 1803, aged 69 years. He had been a delegate of the Convention which met at Windsor to frame a constitution for the State of Vermont; was also for many years a member of the General Assembly." For this extract the editor is indebted to HENRY S. DANA, Esq., of Woodstock.
1 From the Assembly Journal :
Voted, to allow the Secretary of this State three times as much fees, for all business that he does, or may perform, except for memorials or peti-
249
Governor and Council-March, 1778.
fore Resolved, that his honor the Lt. Governor with Gen1. Jacob Bayley, Major Thomas Murdock, Colo. Peter Olcott, Benjamin Emmons Esqr., Paul Spooner Esqr., Colo. Benjamin Carpenter, (any four of whom to be a quorum) be & are hereby appointed a Court & Impowered to Confis- cate and order Sale to be made of all such Lands & Estates, as shall by Sufficient Evidence appear to be forfeited, within the County of Cumber- land, and order the produce of the Same into the Treasury of this State. They are Also impowered to appoint Commissioners to Adjust and Settle the accounts of the creditors to said Estates, and order payment for the Same, and Also to settle the accounts of the Soldiers & others in the service of this State the Last Campaign, & give orders to the Treasurer or his Clerk for the payment thereof.
By order of Governor & Council,
THOMAS CHANDLER, Jur., Sec'y.
This Council do appoint Capt. Sam1. Robinson & Mr. Thomas Rowley to be County Surveyors for the County of Bennington.
By order of Govr. & Council,
THOS. CHANDLER, Jur., Sec'y.
To Benjamin Fay, Esqr.,
This Council Reposing Special trust and Confidence in your Loyalty & Good Conduct do hereby appoint you to be Sheriff within & for the Coun- ty of Bennington, you are therefore duly & faithfully from time to Time, to do & perform, the duty of Sheriff within said County and you are here- by impowered to Depute one sufficient person to Serve under you until another shall be duly choosen & sworn in your Room, for which this shall be your Sufficient Warrent.
Given in the Council Chamber, date above, THOS. CHANDLER, Jur., Sec'y.
STATE OF VERMONT. IN COUNCIL, March 26 1778.
This Council have appointed John Hatch Esqr., Joshua Bayley, Mr. Ezra Sargent, & Mr. Darius Sessions as County Surveyors for the County of Cumberland for the Time being.
This Council have appointed John Benjamin for a Sheriff for the Coun- ty of Cumberland for the Time being.
This Couneil have appointed Colo. Moses Robinson & Jonas Fay Esqrs. as a Committee to prepare bills to lay before the General Assembly at their next Sessions.
Voted, that his Excellency the Governor & Council that Live in the County of Bennington, be a Court to Confiscate the Estate of those per- sons that are Enemies, in the Same form as those in the County of Cum- berland are.
tions to the General Assembly ; and he shall not be entitled to no more fees for the petitions to this Assembly than what is specified in the Con- necticut law.
Passed the bill impowering the Governor and Council to confer with the Commander in Chief, and to draw such lines of defence as they shall Judge proper.
Voted, to accept the report of the Committee relative to raising men ; the same to be laid before the Governor and Council. [This was to re- cruit Warner's continental regiment.]
Voted, to pass the militia bill presented to this House by the Council, into an act of this Assembly.
18
250
Governor and Council-April 7-11, 1778.
WINDSOR 26 March 1778.12
STATE OF VERMONT. IN COUNCIL, date above.
Voted, that the Honble Joseph Marsh Esgr. & the Honble Jonas Fay Esqr. be Delegates to Wait on the Honble Continental Congress, to an- nounce to that Honble hody the formation of this State. Likewise voted to invite Colo. Elisha Payne, to accompany the above persons for the purposes Above Written.
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