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 28
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Voted to adjourn this Council from this place to meet at Arlington on Tuesday the Seventh day of April next to meet at the Dwelling house of Elnathan Murwin in said Arlington.
[The End of the Session Held at Windsor March 1778.]
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
ADJOURNED SESSION ARLINGTON, APRIL 7-11, 1778 .*
STATE OF VERMONT, Arlington 9 April 1778.
Sir,-Mr. [Thomas] Brayton informs this Council that you have a side Saddle in your Custody which is his property. He says that he has pro- cured sufficient Bonds to the Committee for the Maintainance of his family by which he is Intitled to Such of his Moveables as have not been Taken & disposed of by the Authority of this State previous to his pro- curing such Bonds. Therefore you are required to Diliver the Saddle
Passed the bill impowering the Council to dispose of tory estates, and put the money into the Treasury of this State.
Voted that his Excellency the Governor and Council be impowered to chuse a Committee out of their own body to prepare matters to be laid before this House, at their next session.
[The House adjourned to the first Thursday of June ; but the Council for a special session in April.]
1 From the Assembly Journal :
Voted, that the Governor and Council be and are hereby impowered to act respecting tory lands, as they shall judge proper or advantageous to this State, and do justice to the persons that owned said lands.
Voted that the bill presented to this house by Lieut. Govr. Marsh, be postponed until the next session.
Mr. Marsh was one of the committee appointed by the House on the first day of the session to count the votes for state officers and couneil- lors. This fact indicates that he was the representative for Hartford. Deming leaves that town unrepresented at that session.
2 The adjournment was to April 7, but no entry appears until the 9th. No quorum probably ; in fact the debenture account for this session shows only five councillors present.
251
Governor and Council-April 7-11, 1778.
to Mr. Brayton on Sight hereof, unless you have Sufficient Evidence that any part of his goods are reserved By the Committees of Safety for the Town of Clarindon.
By order of Govr. & Council,
MATTHEW LYON, Asst. Sec'y. To Mr. Sylvanus Brown.
STATE OF VERMONT. IN COUNCIL, Arlington 10th Ap1. 1778.
Seth Whealer appeared before this Council to Answer to a Complaint of Capt. John Fassett, & confessed the Substance of the Complaint, & after Mature Deliberation do judge that he shall pay a fine of Ten pounds and Cost of Prosecution Taxed at $ 7 19 10.
Attest. M. LYON, D. Sec'y. STATE OF VERMONT. IN COUNCIL, Arlington 10 Ap1. 1778.
Sir,-You are hereby required to Call to your assistants two suffici- ent able bodied effective men, and such as you can repose the Greatest Trust & Confidence in, & with them immediately to proceed to the Green Mountain East of this place & from thence you are to proceed to the North, & to Search the Woods Critically & diligently, & in case you or Either of your party shall make discovery of any person or persons who have voluntarily heretofore gone over to the Enemy, & are now within this State as Spies, or otherwise, that you secure any such person or persons, & him or them bring forthwith before this Board to be further Dealt with according to Law. And you are hereby authorized & impowered to Call to your assistance such of the Militia of this State as you may from time to Time find Necessary to Carry this Measure in- to effectual Execution, & if at any Time you should find Necessary you are to Immediately post away the Intelligence of your Situation and the discoveries you have made to the Govr. of this State : & you are hereby further directed & impowered to Administer an oath of secrecy to the persons whom you shall Take to your assistance ; & you are likewise to secure any other person or persons whom you may judge to be Enemies to this or the United States of America.
THOMAS CHITTENDEN.
To Capt. Ebenezer Wallace. Attest, M. LYON, D. Sec'y.
STATE OF VERMONT. IN COUNCIL, Arlington, April 11 1778. Sir, - You are hereby directed to Give William Irish a Pass to Carry his Family down the Country to Spenser Town, & then to return to you again as quick as Possible, & set the Time when he is to Return. By order of Govr. & Council, M. LYON, D. Sec'y. Capt. Sam'. Robinson.
STATE OF VERMONT. IN COUNCIL, Arlington, April 11, 1778. This Council is Adjourned to Monday the 20th day of this Instant April to meet at Mr. Leonard's in this Town.
By order of Govr. & Council,
M. LYON, D. Sec'y.
STATE OF VERMONT, Arlington, 11 April 1778. The Debenture of Council.
Honble Joseph Bowker, Esqr. £6 0 0
Honble Jonas Fay, Esqr. 3 9 0
.
252
Governor and Council-April 20 to May 1, 1778.
Honble Moses Robinson, Esqr. £3 9 0
Honble Jeremiah Clark, Esqr. 5 8 8
Honble Timothy Brownson, 0 10 6
Matthew Lyon 4 days.
Attest, MATTHEW LYON, D. Sec'y.
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
ADJOURNED SESSION AT ARLINGTON. APRIL 20 TO MAY 1. 1778.1
STATE OF VERMONT. IN COUNCIL, Arlington, 22d Ap1. 1778.
We hav Recd a petition from the Inhabitants of the Towns on Otter Creek North of Pittsford dated April 13 1778; and having Considered the Petition & their present Circumstances do advize said Inhabitants that as Soon as they can Come within our Lines, they improve the op- portunity. It does not at present appear to this Council, that we can Guard further North than Pittsford & Castleton. Therefore you will Conduct your selves accordingly. We shall give orders to the officer now Commanding our party to the North, & shall Continue such orders to any officer Commanding by Commission under this State, to Give all possible assistants to you in moving until to [you] have had an opportu- nity to come in, which if you do not improve you may expect to be Treatted as enemies,
By order of Gov. & Council, M. LYON, D. Sec'y. To the Inhabitants to the North of Pittsford on Otter Creek.
Another letter of the Same Substance & date sent to the Inhabitants of Panton, Addison and Bridport.
Attest M. LYON, D. Sec'y. STATE OF VERMONT. IN COUNCIL, Arlington April 224. 1778.
Dear Sir, -In consequence of intelligence Recd at several different times from the Northward, I have ordered the Militia (who are now on their March) to your assistance. I have sent the Medicine & Dressings for the use of the Corps under your Command, Bandages are not to be had, you will therefore (if Necessity requires) Take such as can be Spared by the Inhabitants taking a particular account of the Quantity & Its Value that it may be paid for. I send you also one hundred of Cattridges, I hope will be sufficient for your purpose until you will be further Sup- plied from hence, which is now on the way. I have not the Least Doubt of your Military skill, & the Conduet & spirit of the officers & soldiers under your Command, & that with your exertions, in Conjunction with those sent to your assistants, you will be able (with the Blessing of God)
1 No entry made of proceedings until April 22.
253
Governor and Council-April 20 to May 1, 1778.
to protect the Inhabitants against the fury and Rage of Savages & Dia- bolical Tories until Seasonably Relieved. I heartily wish you Success. And am Dr Sir your very Humble Servant.
THOMAS CHITTENDEN.
Capt. Ebenr Allen.
Copy Attest, M. LYON, D. Sec'y.
STATE OF VERMONT. IN COUNCIL, Arlington 22d. Ap1 1778.
Such People to the Northward as have Wheat or flour, which they Want to Change for Flour at Bennington, should Diliver the Same to Mr. Elisha Clark N. D. Commissary for the Party at Pittsford Rutland &c., taking his Rect therefor, specifying the quantity and Certifying that it was Borrowed for the use of the Army, & his order thereon to the Commissary of Issues at Bennington dessiring to Diliver to such per- sons the Same Quantity as he has Reed of them.
By order of Govr & Council, M. LYON, D. Sec'y.
To whom it may Concern.
STATE OF VERMONT, Arlington April 23d, 1778.
Adjutant Joseph Fay Appeared before this Council & took the neces- sary oath of office and Reed his Commission.
Attest,
23d.
M. LYON, D Sec'y .
Colonel Herrick is ordered to direct Lt. Colo. Walbridge to Lead the 2ª Company in Bennington to a Choice of Captain.
Attest,
M. LYON, D. Sec'y.
STATE OF VERMONT, Arlington 23 April 1778.
Capt. Ebenezer Wallace 1 Brought an account for Service done accord- ing to orders he Reed from this Council of the 10th of March [April] Ist. to the amt of £ 15 15 0 which is Granted & the Treasurer ordered to pay the Same. Attest, M. LYON, D. Sec'y.
STATE OF VERMONT. IN COUNCIL, Arlington 24 April 1778.
Whereas it has been Represented to this Council by Austin Sealey, that you have Taken from him a Cow & Calf which is Either the pro- perty of this State or his Son, this is therefore to request and order you to diliver the Cow & Calf to sd Sealey, or to appear before this Council to give the Reasons why you withhold sd Cow & Calf, forthwith.
By order of Govr & Council, MATTHEW LYON, D. Sec'y.
To Abraham Mattisson, Pownal. 24
The Honble Moses Robinson Esqr., took the Oath of Alegiance & office & signed the Religious Test.
24
The Express sent to the Lt. Governor is Consigned to the Care of Capt. Sawyer, Clarindon. [The express referred to seems to have been to bear
1 Capt. EBENEZER WALLACE of Arlington was one of the Arlington party charged in New York with rescuing Remember Baker from John Munro, His name appeared later with the title of Colonel.
254
Governor and Council-April 20 to May 1, 1778.
the letter ordered by the following resolution, which appears next on the record. The letter itself was recorded erroneously as of 24th May, instead of April, as the date of the memorandum as to the express above shows.] Attest, M. LYON, D. Sec'y.
Resolved that his Excellency the Governor write to [Lieut.] Gov. Marsh to acquaint him that it is the Resolution of this Council that the whole of the Troops that were to be raised to fill Colo. Warner's Regi- ment to March forthwith to Rutland, which is the Resolution of this Council, & Governor Marsh is to be requested & ordered to order the officers commanding the Said Troops to March them to be raised in Cum- berland County to Rutland, and the Governor is to order the Command- ing officer of the Two Regiments in this [Bennington] County to order their men Immeadiately to March. Attest, M. LYON, D. Sec'y.
ARLINGTON, 24 May [April] 1778.
Sir,-In consequence of orders from the Honble Major General Gates, the Continental Battalions at Albany are Marched to Peekskills and Colonel Warners Regiment to Albany. Your honor is no Doubt sensi- ble the Term for which the Corps under Capt. Allen's Command were engaged expires the 2 day of May next, after which Term they cannot be prevailed upon to remain. When these several circumstances come to be duly Weighed, and considering at the same time, that several of the Enemies Armed Vessels are now at and about Crownpoint and Ty- conderoga, which has already occasioned an alarm through the whole Militia of this state, that some effectual measure be immediately adopted for the Protection of Its frontiers; I have by the advice of my Council wrote the Commanding officer of the Northern Department, Requesting the assistance of Colo. Warners Regiment, or some other Continental Regiment for that Service. I have Reed accounts from Major Gen1. Con- way at Albany that it is not intended to remove Colo. Warners Regi- ment out of this State except for some tempery [temporary] service, but since it is out of my power to Determine the Length of a pice of Tem- pery service, am therefore of opinion with this Council that it is abso- lutely necessary that the Troops ordered by the General Assembly to be raised within this State & added to Colonel Warner's Regiment for seven Months Service to be forthwith ordered to be filled up and Marched without the Least delay to Rutland for the purpose aforesaid. You are therefore hereby desired and Commanded to cause the number of Troops ordered to be raised in the County of Cumberland for the purpose afore- said to be immediately filled up (if not already Compleated) & order their officers to March them by the Shortest & most Convenient Route to Rutland aforesaid where they will join those Troops ordered in the County of Bennington, where they will Receive further orders from me. As I flatter myself the Troops are nearly or quite compleated I make not the least Dout but they will be on their March by the It day of May next with Provisions sufficient for their March to that place where they will be duly Mustered and Receive Provisions and ammunition. Should the Companies be [not] already Compleated, you will forward those al- ready raised with proper officers, and hurry the Compleation of the Num- ber ordered. You will Let me know the Time the Troops will arriv at Rutland that Provisions may be ready for their reception. The papers directed to the Commanding officer of the County of Glouster, as for- warded to you, your Wisdom will direct their use.
I am Honble Sir your most Obt. Humble Servant,
THOMAS CHITTENDEN, Capt. Gen1.
To Lieut. Gov. Joseph Marsh.
255
Governor and Council-April 20 to May 1, 1778.
STATE OF VERMONT. IN COUNCIL. Arlington 24 Aprl. 1778.
Sir,-Whereas Colo. Warners Regiment is ordered to Albany for the Present. & whereas there is Absolute Necessity of a number of men to be immediately sent to Guard the Frontier Inhabitants of this State in as much as the Time for which Capt. Allen & Capt. Clarks men were Engaged Expires the Second day of May next. after which Time they cannot be prevailed with to remain there Longer, therefore you are hereby directed & ordered to immediately Raise fifty-seven able bodied men which were ordered to be raised in the 26 Regiment by the Gene- ral Assembly of this State which you now have the honor to Command, & cause them to be properly officered by some of the Militia officers of your Regiment & every way equiped for a Campaign & order them to March to Rutland as quick as possible where they will be joined by the other Troops ordered to be raised by this State, the said Militia officers to Continue in Service until the Rising of the Adjourned Sessions of Assembly, (which sits the 4 day of June next) unless sooner discharged.
By order of Goyr. & Council. M. LYON, D. Sec'y.
To Colo. Samuel Herrick.
Orders of the same Tennor & Date (of the above) Issued to the Colo. of the 5 Regiment of Militia except 60 men in Lieu of 57. Attest. M. LYON, D. Sec'y .
STATE OF VERMONT. IN COUNCIL, Arlington 24th Ap1. 1778.
Sir,-You are hereby commanded to March the Troops under your Command to the assistance of Capt. Ebenezer Allen, in the Northern Frontiers of this State, where you will continue for the Protection thereof, and to assist in Removing such families within the Lines of De- fence as you find in your Power, having always Reference to the neces- sitous circumstances of such families who are unable to help themselves; in doing of which you are to be particularly cautious that the effects of such Families be kept as Compact, & with as much Safety as possible. You will Continue in Service twelve days from the 22d of this Instant, or more if you find it Necessary unless you shall Receive Counter orders . from this Board. Those who give their assistants in Removing the Families will be Supplied with provisions by such Families until Pro- visions arives for those Troops (as well as for the Corps under Capt. Allens Command) which is now on the way.
By order of Govr. & Council,
M. LYON. D. Sec'y.
To Capt. N. Smith.
.
STATE OF VERMONT. IN COUNCIL. Arlington, Ap1. 25 1778.
The Debenture of Council.
Honble Joseph Bowker £4 19 0
Thimo. Brownson 5 50
do Moses Robinson 5 10 0
do Jonas Fay 6 11 0
do Jeremiah Clark. 3 7 0
M. Lyon D. Sec's. 5 days.
M. LYON. D. Sec'y.
ARLINGTON, 25 April 1778. 2 STATE OF VERMONT. IN COUNCIL date above.
Peter Roberts Commissioner of Sequestration is desired to Allow Ephraim Mallery to Live one Month in the house formerly his property.
256
Governor and Council-April 20 to May 1, 1778.
ARLINGTON, April 27th 1778.
Dear Sir,-Yours of yesterday's date is now on the Table, in which you inform of the Reet. of the order sent you from this Council, in which you talk of difficulty and impossibilities. I am very sorry to hear that any thing Resolved on by the General Assembly of the Representatives of the freemen of this State, should be thought by you difficult and Im- possible. As to the time of Service mentioned in your Letter, I cannot Determine which you mean. officers or soldiers. That is Clearly set forth in your orders. If you mean soldiers, that is Seven months from the fifth day of May next. Their wages is to be four pounds for a Sol- dier and in proportion for non Commissioned officers. What the Conti- nent does not allow, this State will to that amount. It is the orders of the Assembly that those men be raised, each Town giving their own quoto what shall be by them thought to be an equivolent for their ser- vice, For an incouragement. The Assembly have made the Resolve Concerning those men, & it is not in the power of this Council to alter it Materially, as you know ours is the Executive part, theirs the Legis- lative. I cannot say but they may alter their plan at their next Session. I expected the Honorable Jonas Fay & Moses Robinson would have in- formed you sufficiently on that head. While this letter was writing Recd one from Capt. Allen which informs that it is his design to dismiss his men when their time is out. & is very Loath to Leave the Ground until properly returned. Therefore it is of the Utmost importance that the men are raised immediately for the Security of our frontiers, before any Alteration can be made. I expect you will Loose no time in per- forming the orders you have recd from Council. As to the officer or offi- cers to Command the Whole, it is not known. These are not appointed, but will be Seasonably. I am, &c.
To
THOMAS CHITTENDEN.
[April] 28.
Mr. Joseph Smith is to Sell the wheat that he has seized formerly the property of Joseph Lewis, now stored at widow Potters & pay Mr. Sprague two pounds five shillings & six pence L. Money, & as much to himself & the remainder to send by a Safe hand to the Treasurer of this State as soon as may be, the money to be paid to Mr. Sprague & Mr. Smith is for Travel to Bennington & Giving Evidence against sd Lewis. By order of Governor & Council, M. LYON, D. Sec'y.
[April] 28.
Capt. Ebenezer Wallis, Lt. Thomas Butterfield & Ensign James Haw- ley have Taken their Commissions & the oath of Fidelity and office.
Attest,
M. LYON, D. Sec'y.
STATE OF VERMONT, Arlington 29 April, 1778. ? IN COUNCIL date above. S
Sir,-Your Letter of the 3d, Instant was Delivd me the 4th. I have remarked the Contents & thought proper to omit an answer until I could obtain further intelligence from the Commander in chief of the Northern department of the necessity of urging the immediate raising the quoto of men ordered by the General Assembly of this State for Recruiting Colo. Warners Regiment. I have now before [me] General Gates Let- ter of the 18 instant earnestly requesting me to Draft three hundred men to Recruit Colo. Warner's Regiment, & that nothing might retard their
257
Governor and Council-April 20 to May 1, 1778.
immeadiate joining him when they would receive General Starks orders who Commands in this department under the Direction of General Gates. I immagine [this] was in consequence of inteligence he had pri- vately reed. of the order of the General Assembly to raise the Same three hundred men for the Same purpose. The quoto assigned for that purpose in this County are Compleated and have been Some time in Ser- vice at Rutland under the Command of Captain Brownson with part of Colo. Warners Regiment.
Colo. Olcott writes that should he attempt to Draught the number ordered from his Regiment, they would Engage with Col. Beedel.1 I however flatter myself that Col. Olcott must be sensible that whenever such men are thus drafted, they are held by virtue of such draft & that Colo. Beedel cannot be Ignorant that he has no Right to Countenance such a measure. I have wrote General Stark on the Subject of raising the men agreeable to General Gates request who much approves the measure, & earnestly urges an immediate compliance. The absolute necessity of this reasonable request. & the honor that will of Course acrue to this State, oblidges me to renew my directions to you to forward what Troops you have already engaged to Rutland without the least de- lay & to forward the compleating the quoto as soon as may be.
I have wrote General Stark the number now in Service. & the En- couragement you wrote me of furnishing a Considerable number more soon-who has Communicated it to General Gates. I am Satisfied by repeated marks of friendship & the Inteligence recd by Colo. Allen (who is now present.) that no ill is likely to happen to this State by authority of Congress.
I hope to have the Happiness of Your Company next week with the other Gentlemen of the Council. & I am Sir.
Your mos Obt. Humble Servant, THOS. CHITTENDEN. M. Gent Marsh.1 Attest.
M. LYON, D. Sec'y .
ARLINGTON It May 1778.
The Debenture of Council.
Honbl. Joseph Bowker. Esqr. £4 4 0
Honble Timo. Brownson, Esqr. 3 13 6
Honble Jeremiah Clark, Esqr. 5 90 M. Lyon D Sec's. 5 days.
1 Col. Timothy Bedel of New Hampshire.
1 The editor is not aware of any legal authority for giving the title of major-general to Mr. Marsh. He is styled colonel in the record, in the journal of the House, of his election as deputy-governor. The gover- nor was by virtue of the constitution "commander-in-chief," and it is surmised that governor Chittenden imagined his lieutenant in the exec- utive office should have the military title of major-general.
258
Governor and Council-May 22-3, 1778.
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
ADJOURNED SESSION AT ARLINGTON, MAY 22-3, 1778.
Arlington 22d May, 1778.
Dear Sir,-In consequence of a Letter reed last Evening from Major General Gates dated Fishkil the 18 Instant, requesting me to draft three hundred men to recruit Colo Warners Regiment, I have called my Coun- cil Together this morning for their advice in the matter. The General Assembly of this State at their Sitting in March last, ordered 300 men exclusive of officers to be raised for seven months service to join Colo Warner's Regimt the It Instant. The quoto assigned the west side the mountain, being one hundred & fifteen. are compleated and now act- ing in Conjunction with 40 men of Colo Warner's Regiment now under the Command of Capt. Gideon Brownson at Rutland. At the time the quoto ordered on the East side of the mountain in this State should have been raised Col. Beedel received orders from the Marquis De La Fayette to recruit a Regiment by which he has raised three hundred and ninety nine men, a very considerable part in this State as appears by his par- ticular return to me of the 14 Inst which has retarded the raising the qnoto on the east side. He writes vizt .. "We are ready on the shortest notice to assist you against any force that may come from the Lake against you, as some of my scouts have discovered parties on the Lake & in the Woods." Should Major General Gates mean to have the Troops already raised Marched to Albany, the Inhabitants on the Northern Frontiers cannot be prevailed upon to remain in their Inhabitations. which must not only create much cost & uneasiness to them but prevent their raising a Considerable quantity of Provision for their own & the publies use. Would beg your honors opinion in the premises,
& I am Dr. Sir your honor's most Obedient Humble Servant, THOMAS CHITTENDEN.
P. S. I am informed that Colo. Beedels men are not in actual Service for Want of Provisions, except some small Scouts. Capt. Putnam will Let your honors know the matter more particularly.
[No address on the record. ] T. CHITTENDEN.
STATE OF VERMONT. IN COUNCIL. Arlington 22 May 1778.
Sir,-David Bradley in Behalf of the Inhabitants of N. Haven & Ferrisburgh, applies to this Council for liberty for those Inhabitants to remain in their possessions at present as by reason of the Situation of some of the Women it is impracticable for them to remove. You will please to Allow such Indulgence to such persons as you shall from time to time find their necessities require. I need not caution you against the Henious erime of soldiers Plundering the Inhabitants.
I am with regard your Humble Serv!,
THOMAS CHITTENDEN.
Capt. Gideon Brownson.
STATE OF VERMONT. IN COUNCIL, Arlington 22d May 1778.
Dear General,-I am informed by the bearer hereof Capt. Putnam (who acts in the Capacity of quarter-master) that there is no Supplies of money in his hands to enable him to forward provisions to the Troops in the
259
Governor and Council-May 28, 1778.
Northern frontiers ; and as it is of Necessity that such provisions be con- veyed to the Troops, I therefore beg your honors assistants in furnishing money for that purpose.
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