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 31
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The last union with the New Hampshire towns was speedily dissolved, and Col. PAYNE adhered to his State, although the disposition of Ver- monters toward him was such as to assure to him an honorable pub- lie career, such as, under the jealousy growing out of his part in the unions of 1778 and 1781, he could not well expect in New Hampshire.
Two at least of Col. PAYNE's daughters spent their lives in Vermont : MARY wife of ABEL WILDER of Norwich, and RUTH wife of Capt. NA-
1 Vt. Hist. Soc. Coll., vol. I, p. 413.
278
The Second Council-Oct. 1778 to Oct. 1779.
THAN JEWETT of Montpelier. Col. E. P. JEWETT, and the late Mrs. PATTY HOWES wife of Hon. JOSEPHI HOWES of Montpelier, were grand- children; and of course all their descendants stand now in the order of great and great-great grand children.
For many years papers of Col. PAYNE were in the possession of his grandson, Col. ELISHA PAYNE JEWETT of Montpelier, by whom they were given to the late HENRY STEVENS, and through him it is presumed the letter to President Weare has been given to the public. It is understood that in these papers were indications that, previous to the revolution, Col. PAYNE had been a deputy surveyor-general of the king's woods, whose business it was to prevent trespasses upon the pine trees which had been reserved in all the New England grants for the royal navy ; and also that he had been an agent of Dartmouth College for selling or leasing its land and otherwise. The only early notice of the name of PAYNE in Belknap's New Hampshire is that, May 24, 1746, " Capt. PAINE, with a troop, came to Number Four," [Charlestown. N. H.,] having been sent by the Massachusetts Assembly to the distressed towns on Connecticut river ; " and about twenty of his men, going to view the place where [Seth] Putnam was killed, fell into an ambush. The enemy rose and fired, and then endeavored to cut off their retreat. Capt. Phine- has Stevens with a party, rushed out to their relief. A skirmish ensued in which five men were killed on each side, and one of ours was taken. The Indians left some of their guns and blankets behind." If this means ELISHA PAYNE, he had become colonel previous to 1778.
In this connection the facts are worth noting that, four days after the Vermont Assembly admitted the seventeen New Hampshire towns-in- eluding Dresden,-it also voted to take Dartmouth College under the pat- ronage of the State, appointed President Eleazer Wheelock justice of the peace for that corporation, and empowered its trustees to nominate an assistant justice. New Hampshire had previously given to the college the jurisdiction of a territory in Hanover three miles square, and made President Wheelock magistrate. He wished to have that territory ac- cepted as an independent town by the name of Dresden, but New Hamp- shire did not assent. There are other circumstances which indicate that officers of the college corporation were very active in the projected union, if not the originators of it. The first convention was in Hanover, and its committee asked for the union ; Vermont assented, admitting the identical Dresden which New Hampshire had rejected as a town, adopting the college, and specially honoring BEZALEEL WOODWARD, who was a professor in the college.
279
Governor and Council-October 1778.
RECORD OF THE GOVERNOR AND COUNCIL
AT THE SESSION OF THE GENERAL ASSEMBLY AT WINDSOR,
OCTOBER, 1778.
WINDSOR, 9th October 1778.
Resolved that Mr. Matthew Lyon be appointed a Secretary Pro Tem- pore until Joseph Fay Esqr. can Attend.
Resolved that the Sheriff be directed to Wait on Colonel [Elisha] Payne, a Councillor Elected. and request him to inform this Council rela- tive to his acceptance of said office, that in case of his refusal the Va- caney thereby occasioned may be Supplied.
[Oct.] 10.1
In consequence of Elisha Payne, Esqr. (who was duly Elected a mem- ber of this Council for the present year) his declining such Service, This Couneil have choosen Benjamin Emmons Esqr. to the office of Councillor in his Room, who has Taken the Necessary Qualifications required by Constitution.
STATE OF VERMONT. IN COUNCIL, Windsor 13 October 1778.2
Joel Marsh Esqr. being objected to as [not ] being a proper person to act as a Justice of the Peace by John & Reuben Parkhurst, by petition, This Council after hearing the petition & the parties, also the Evidence. on M. LYON, D. Sec'y. P. Tem. Mature deliberation are of opinion that the Objections are not Sup- · ported.
STATE OF VERMONT. IN COUNCIL, Windsor Oct. 15 1778.
Zerubabel Mattisson having petitioned for a Mitigation of a fine of one hundred pounds L. money which said Mattisson was fined by the Special Court for the county of Bennington for Enimical Conduct some Time in - Last, Resolved that fifty pounds of sd fine be & is hereby Remitted.
1 From the Assembly Journal:
Voted, and Resolved, that his Excellency the Governor, and the hon- orable the Council, be desired to join with this Assembly in a Committee of the whole, to morrow morning, at nine oClock, to take into conside- ration the subject of the Letter of the 22d August last, from the honble Meshech Weare Esqr., President of the Council of New Hampshire, to his Excelleney Governor Chittenden .- See Appendix G.
" The Assembly this day invited the Governor and Council to meet in committee of the whole to consider the protest of President Weare of New Hampshire against the union with Vermont of towns claimed by that state; and the committee of the whole met from day to day until the question was disposed of by a dissolution of that union.
280
Governor and Council-October 1778.
[Oct.] 15.
Robert Johnson appeared before this Council to answer to the Objec- tion against his having a Commission for Lt Colo. of the 4th Regiment made by Captain Hazelton & others. After hearing the Evidence & the parties, this Council are of opinion that the objection is Insufficient, Whereon Resolved that Lt. Colo. Johnson be Commissioned accord- ingly.
WINDSOR, Octr. 20 1778. STATE OF VERMONT. IN COUNCIL date above. S
On petition of Ruth Chamberlin praying she may be divorced from her husband Amos Chamberlin as may be seen by petition on file. This Conncil after hearing the petition and the Evidence on Mature Delib- eration are of Opinion that she may be & is hereby Divorced from her said Husband, and a bill be granted to her accordingly.
A list of the Justices of Peace choosen & authorized by Virtue of an Act of Assembly at Bennington June 17 1778.
Pownal, Capt. Eli Noble.
Bennington, Capt. Sam1. Robinson. Shaftsbury,
Arlington, Capt. Jnº. Fassett Jur Sunderland, Colo. Timo. Brownson. Manchester, Martin Powell.
Dorset, Capt. Abm. Underhill.
Rupert, Reuben Harmon. Paulet,
Rutland, Benja. Whipple. Pittsford,
Dummerston, Jona. Knight.
Chester, Daniel Hield, [Heald.]
Windsor, Thomas Cooper. Hertford, Elias Weld.
Barnard, Asa Whitcomb. Rockingham, JJoshua Webb.
Orford, Colo. Israel Morey. Lebanon, Jno. Wheatley.
Ilartford, Joshua Hazen. Guilford, Capt. Levi Goodnough.
Halifax, Ilubbel Wells and [Ed- ward] Harris. Townsend, Jos. Tyler.
Judges of Probate in this State.
Bennington District, Capt. John Fassett.
Newbury District,
Gen1. Jacob Bayley.
Manchester District, Hartford District,
Paul Spooner Esq".
Martin Powel Esqr. Rutland District, District, Major Jnº. Shephardson.2
Joseph Bowker Esqr.
1 The justices for Corinth are below. Mr. Ripley represented Cornish in 1780-81.
2 Mr. Shephardson resided in Guilford, and was at this date judge of the special court for " the shire of Westminster," which the editor sup- poses embraced the county of Cumberland, now Windham. March 24, 1778, the Assembly " Voted, that the division line of the two shires on the east side of the mountains be the ancient county line."
Corinth, [Cornish.] Wm. Ripley.1 Dresden, Bezaleel Woodward.
Westminster, Nath1. Robinson. Corinth, John Nutting & N. Fisk.
Danby,
Tinmouth, Colo. Gid. Warren. Wallingford, Abrm. Jackson Jur. Wells,
Poultney. Wm. Ward.
Castleton, Josse Belknap. Clarendon. Nodebrah Angel.
Pomfret, John W. Dana. Putney, Amos Hale. Thetford. Timo. Bartholomew.
281
Governor and Council-October 1778.
WINDSOR, October 20, 1778.
STATE OF VERMONT. IN COUNCIL, date above. S Resolved that Ichabod Walker be Allowed to have the Twenty acre Lot of Land which was formerly his Property in Rutland, at the Expi- ration of the Lease. by which John Smith & Asa Fuller now hold it. By order of Govr. & Council, M. LYON, D. S. P. Tem.
IN COUNCIL. Windsor October 23 1778. 1
David Remmington (upon his personal appearance & application & Taking the Oath of Alegiance to this State, & upon Recommendation of Colo. Jonathan Chace, Samuel Chace Esqr. & Mr. Thomas Hall in whose Neighborhood he has Lived for about Eleven Months past) is hereby Allowed the Liberty & priviledge of Living in the County of Cumberland in this State, & he may acquire, hold, buy & Transfer property therein.
By order of Govr. & Council,
M. LYON, Sec'y. P. Tem. [Oct. ] 24.
On petition, Anna Evans is Reprieved from the Sentence of Banish- ment passed against her by the Honble Court of Commissioners in the Month of July last, & she is discharged on her paying the Cost. By order of Govr. & Council, M. LYON, D. Sec'y. P. Tem.
STATE OF VERMONT. IN COUNCIL, Windsor, 26 Octr. 1778.
Watts Hubbert [Hubbard, Jr.,] under Sentence of imprisonment, re- questing this Council for Liberation, Therefore Resolved that on his making & subscribing a proper acknowledgment, & paying all the cost that has arisen on acct. of his former Tryals, Guards and imprisonment,
1 On this day the General Assembly
Resolved, that a committee of three be appointed to make draught of letters to send to Congress and New Hampshire. Committee chosen- Colo. Allen, Col. Fletcher and Capt. Throop.
This, of course, was in reference to the union of New Hampshire towns with Vermont, which on the 21st of October had been indirectly dissolved although only on the 19th the General Assembly had agreed to the policy of an union to include all the New Hampshire towns west of the " Mason claim," and appointed a committee to present the proposition to New Hampshire and to Congress. IRA ALLEN wrote :
IRA ALLEN, Esqr., was appointed and instructed to repair to the court of New Hampshire, in order to settle any difficulties that might subsist in consequence of said sixteen towns. Mr. Allen attended the General Court of New Hampshire, &c .- Vt. Hist. Soc. Coll. vol. I, p. 396.
This appointment must have been made by the Governor and Council, but the fact is not entered on the record. For Allen's execution of this mission, with documents on the first union, see Appendix G.
From the Assembly Journal:
Resolved, that the councillors and representatives be allowed one pound, four shillings, per day, and one shilling pr mile for a horse, any previous Resolve to the contrary notwithstanding.
20
282
Governor and Council-February 1779.
& Taking the Oath of Allegiance to this State, he be discharged & enjoy all his Estate Except what has already been Taken from him & sold.
Pr Order, THOMAS CHITTENDEN, Gov'r.
STATE OF VERMONT, Arlington Nov. 24 1778.1 .
Then appeared Joseph Fay Esqr. and Took the oaths necessary to quailfy him for the office of Sec'y of this State. Before me, THOMAS CHITTENDEN, Gov'r.
The End of the Proceedings of Council for the year 1778. Attest, JOSEPH FAY, Sec'y.
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
SESSION WITH THE GENERAL ASSEMBLY AT BENNINGTON, FEBRUARY, 1779.
STATE OF VERMONT. IN COUNCIL 11th February, 1779.
This day His Excellency Governor Chittenden, and the following Members of the Honble Council met in the Council Chamber in this place according to Adjournment, vizt.
The Honbles Joseph Bowker, Benjamin Carpenter, Moses Robinson,
Paul Spooner,
Jeremiah Clark, &
Timo. Brownson, Jonas Fay, Ira Allen, Esquires.
After Debating on the necessary business to be done, Adjourned to 9 o Clock Tomorrow Morning.
1From the Assembly Journal:
Resolved, that the justices of the peace, whose names are returned to the Governor, or that Shall be hereafter returned, shall be commissioned for the year ensuing.
Resolved, that his Excellency the Governor's sallary, for the year en- sning, be three hundred pounds, lawful money.
2 From the Assembly Journal:
On motion made by his Excellency the Governor, Ira Allen Esqr. made return of his mission to New Hampshire, and President Weare's letter of the 5th of Novr. was read, and also several others relative to the Union .- See Appendix G.
283
Governor and Council-February 1779.
BENNINGTON, 12 Feby. 1779.1
Met according to adjournment.
Resolved that a Committee of Two be appointed to join a Committee from the House of Assembly to confer with them, & make a Draft of a Bill to be passed into a Resolution relative to the Union of Sixteen Towns East of Connecticut River & Report the same. Members cho-, sen, Mr. Fay & Mr. Spooner.
A petition from the Inhabitants [of Kent]2 to the Honble General As- sembly of Vermont being sent up for advice & Read, Resolved to send one member of Council to inform the House, that the Govr. & Council are of opinion, that the Report of the Committee of Last October be accepted but no deeds Executed until the proper Lines of the Town can be ascertained. Member chosen Mr. Allen.
A petition & Remonstrance of Timo. Moss being by the Assembly re- fered to the Govr. & Council for settlement, on Examination found due 50 Dollars.
A petition or Remonstrance of Joseph Nelson being refered to Coun- cil for Settlement, was ordered to lay on the Table. Petition answered & no damage Allowed.
Voted to choose one member of Council to join the Committee from the House to Take into consideration the petition of Captain Ebenezer Allen & others. Member chosen Mr. Carpenter.
Adjourned to 8 oClock Tomorrow.
SATURDAY, 13 February 1779.
Met according to Adjournment.
An acct Laid before Council by Lt. Lemuel Bradley on examination found due.
Voted to choose a Committee of 4 to Examine the Claims of Capt. Ebenezer Allen. Members choosen Mr. Robinson, Mr. Spooner, Mr. Al- fen & Mr. Bowker. The business of the day being refered, Adjourned to Monday 10 °Clock.3
MONDAY, 15 Feby. 1779.
Met according to Adjournment.
The Committee choosen to Examine the Claims of Capt. Ebenr. Allen Report as follows, vizt., that the said Allen requires a paymaster to be appointed, Whereupon, Resolved that Ira Allen Esqr. be & he is hereby appointed as paymaster to Settle & pay the Soldiers of Captain Ebenezer Allens Company of Rangers for Service done in the defence of the Northern frontiers of this State in the year 1777.
1 From the Assembly Journal:
Resolved that the Governor and Council be a court to confiscate es- tates lying in this state of enemies of this and the United States who have assisted or joined the enemy.
2 Kent [Londonderry] probably. The Assembly on that day agreed to a report of a committee on such petition, for the confirmation of "bar- gains" in lands made by Col. James Rogers.
3 From the Assembly Journal Feb. 13, 1779:
Colo. Allen made a report of his mission to Congress in which he represents among other things that it will be necessary to appoint at least three persons to manage the affairs of this State at the Continental Congress.
284
Governor and Council-February 1779.
The Committee chosen to Join a Committee from the House to pre- pair a bill relative to the union of sixteen Towns (East of Connecticut river) with this State returned & Brought in their report as will appear on the Journals of the House. [A dissolution of the union .- See Ap- pendix G.]
To Michael Dunning, Commissioner of Sequestration:
You are hereby directed to continue in the possession of a Lot of Land formerly the property of Adam Deal 1 late of Pownall, by giving a new Lease thereof to some suitable person before the 11 day of April next. By order of the Governor & Council, JOSEPH FAY, Sec'y.
Adjourned to 8 oClock Tomorrow.
TUESDAY 16 Feby. 1779.
Met according to Adjournment.
Recd. the following Bill from the House:
IN GENERAL ASSEMBLY 16 Feby. 1779.
Voted & Resolved that it be recommended, and it is hereby recom- mended to the Honble Court of Confiscation, to make Confiscation & Sale of the Estates Lying in Cumberland County formerly the property of persons who have joined the Enemies of this and the United States. By order, M. LYON, Clerk.
True Copy, Jos. FAY, Sec'y.
The Committee appointed to join a Committee from the House to Take into Consideration the petition of Captain Ebenezer Allen report as may appear on the journals of the House
Resolved that a Committee be appointed to Draw Rules to be observed for the better Government & regulation of the Council while Sitting. Members choosen Mr. Fay & Mr. Allen.
Having revised a number of Laws and prepared them to Lay before the General Assembly, voted to Adjourn to 8 oClock Tomorrow morn- ing.2
WEDNESDAY 17 February 1779.
Met according to Adjournment and again entered upon the Revision of Laws to prepare them to lay before the General Assembly.
Resolved to choose a Committee of one to join a Committee of the House to Take into Consideration the affair of the Soldiers of Captain Ebenezer Allens Company not being paid. Member choosen Mr. Clark.
The Committee appointed to join a Committee from the House to Take into consideration the affairs of Captain Ebenezer Allens company report as by the journals of the House may appear.
Having refered the business of the day,
Adjourned to 8 oClock Tomorrow Morning.
1 Proscribed by the act of Feb. 26, 1779.
2 From the Assembly Journal, Feb. 16, 1779:
Resolved that a Committee be chosen by ballot in this House consist- ing of three persons to manage our political affairs at Congress and to represent this State at that Board if there should be occasion. which Committee shall be under the direction of the Governor and Council. Upon examination of the votes, Colo. Ethan Allen, honble Jonas Fay and Paul Spooner Esquires were declared chosen for the purpose afore- said.
285
Governor and Council-February 1779.
THURSDAY 18 Feby. 1779.
Met according to Adjournment.
On application to the Governor & Council by the wife of William Fairfield 1 (his having repaired to the Enemy,) requesting the improve- ment of the Land formerly the property of the said Fairfield, for the Support of herself and Family, whereupon Resolved that she have the improvement of Two 50 acre Lotts, vizt., that which she now dwells on, and one on the opposite side of the Road (on the North side,) for the year ensuing. Pr order, JOSEPH FAY, Sec'y.
Resolved that Mr. Fay & Mr. Bowker of the Council, join a Commit- tee from the House, to Take into consideration the petition of Capt. Ebenr. Allen. Reported as by the journals of the House may appear.
BENNINGTON, 18 Feby. 1779.
Voted Mr. Brownson a Committee to join a Committee from the House to Take into Consideration the petition of Captain William Hutchins & others. Report as on the journals of the House may appear 19 Feb1. 1779.
Voted Mr. Clark of the Council to join a Committee of the House, to Take into Consideration (& make report) the Petition of the Proprietors of Pownall, Reported as may appear on the journals of the House 20 Feby. 1779.
Having refered the business of the day,
Adjourned to 8 "Clock Tomorrow morning.
FRIDAY February 19 1779.
Met according to adjournment & proceeded to the business of the day vizt. revising Laws & prepairing them to lay before the General Assem- bly, having refered private business until Wednesday next which day is appointed to do any business necessary to be done.
Adjourned to S 'Clock Tomorrow.
SATURDAY 20 February 1779.
Met according to adjournment & proceeded to the business of revising Laws, &c.
Voted to choose a Committee of one to join a Committee from the House to Take into consideration the petition of' Timo Everits & Eli Everits & Report their opinion thereon to the House. They'report as may appear on the journals of the House of this days date.2
Mr. Jonathan Underwood:
Sir,-You are hereby directed to keep possession of the Land formerly the property of Roger Dickenson, until further orders from this or some future Council. By order of Governor & Council,
Copy Dd. Mr. Underwood. JOSEPH FAY, Sec'y.
Having concluded the business of the day Adjourned to 9 oClock Mon- day next.
1 Probably of Pawlet.
2 Granting them one hundred and fifty acres of land in discharge of a debt due from the state to Sylvanus, their father. "Silvanus Everts " of Castleton was proscribed by act of Assembly six days after this vote, and this payment was therefore a remarkable instance of generosity. The sin of the father was not visited upon the children.
286
Governor and Council-February 1779.
MONDAY 22d Fehy. 1779.1
Met according to Adjournment & proceeded to business, in revising Laws & prepairing them to Lay before the General Assembly.
Voted to appoint a Committee of Two to join a Committee from the House to Take into consideration the State of our Frontiers & report the same to the House. Members chosen Mr. Bowker & Mr. Spooner.
Adjourned to 9 ºClock Tomorrow.
TUESDAY 23d Feby. 1779.2
Met according to Adjournment, & proceeded to business revising Laws, &c.
The Committee appointed to join a Committee from the house to Take into consideration the State of our Frontiers, returned and report, as may appear on the journals of the house of this days date.
Voted to choose a Committee of one to join a Committee of the House to Take into Consideration the petition of Sergeant John Train, relative to paying him and the Soldiers, who served under the Command of Captain Isaac Clark in the year 1778 & report as may appear on the journals of the house. Member chosen Mr. Carpenter.
Voted, to choose one as a Committee to join a Committee from the House to Concert a plan for raising 200 men for the Defence of this State. Member chosen Mr. Clark.
Adjourned to 9 º'Clock Tomorrow.
WEDNESDAY 24 February 1779.
Met according to Adjournment, when it was motioned to join the house & resolve into a Committee of the whole, To Take into Consid- eration the State of our Northern Frontiers, which was accordingly done.
Having Adjourned the Committee Proceeded to Take into considera- tion the petition of Arthur Bostwick, praying some consideration for Sheep belonging to him, & sold for the benefit of the State ; having considered the same, Resolved, that the Evidence to prove the Sheep sold (as Alledged in the petition) is not Sufficient, therefore the petition is dis- missed. Attest, JOSEPH FAY, Sec'y.
Having Taken into Consideration the Complaint of Captain Samuel Robinson, against Abraham Vosbury for Breaking his Parole, & having heard and duly considered the Case with every Attending circumstance, do Judge the sd Vosbury Guilty of breaking his parole to the sd Rob- inson, Therefore order the said Vosbury to pay the Cost arising there- from, which is thirty Dollars, & to remain under the Care of the said Robinson until this JJudgment be Complied with, And then Dismissed.
Attest, JOSEPH FAY, Sec'y.
1 The Assembly this day authorized the Governor and Council to ap- point a paymaster for militia of the state called into the service of the United States.
2 From the Assembly Journal:
Resolved, that the Counsellors and Representatives have six dollars pr. day during their present session to be counted from the time of their leaving their respective homes until they may conveniently return to the same, and one shilling pr. mile for horse .- [March 1, 1779, one Spanish milled dollar was worth $5,50 lawful money in Vermont. This pay there- fore was not large.]
287
Governor and Council-February 1779.
[Having] Taken into Consideration the petition of James Fletcher . praying some consideration for Service done this State, expense of sick- ness, &e., whereupon Resolved to Allow & order paid one Months Wages which is found due.
Attest,: JOSEPH FAY, Sec'y.
Having Taken into consideration the petition of Zarubal [Zerubabel] Mattisson, heard & duly considered the case with every attending circum- stance relative thereto, do Juge and order that Twenty pounds be & is hereby remitted of the fifty pounds of which he now stands bound to pay agreeable to the Judgment of the Special Court.
The above Judgment is Complied with & money paid the Treasurer accordingly.
Attest, JOSEPH FAY, Sec'y.
Having Taken into Consideration the Case of John McNiel who prays for some relief for his family, Therefore Resolved to Allow him one hun- dred and thirty dollars to purchase one cow for the use of his family, and that all the Little Notes in the hands of Colo. Claghorn, Together with one note Signed Nathaniel Duchy on which is dne about Ten pounds, the obligation formerly his property for sheep at Salisbury, & the Leather Left in the hands of Major Stephen Royce, or the Value thereof in
Attest, JOSEPH FAY, Sec'y. money.
Adjourned to nine oClock Tomorrow at which Time the Committee of the whole are to join again.1
THURSDAY 25 Feby. 1779.
Met according to Adjournment, & Took into consideration the petition of James Fletcher praying pay for Service done in the Militia of this
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