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 32
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1 From the Assembly Journal:
Feb. 24 .- Resolved that this Assembly be and are hereby resolved into a Committee to join with the Governor and Council to confer on the matter of guarding the frontiers.
Resolved that the officers and soldiers who served under Capt. Clark last March and April have a right to their pay of said Capt. Clark and that the law is hereby declared to be open for such officers and soldiers to sue for and recover their pay of said Capt. Clark, and that in all such cases the under officers and soldiers of any detachment shall have a right to sue for and recover their pay of their officer after he has drawn their money and refused to pay the same.
Whereas sundry persons inhabitants of this State have been sentenced to banishment by virtue of an act of Assembly passed at Bennington at their session in June last* some of which persons did not leave this State according to sentence and others have found means to return, so that the greater part of these persons do now reside in this State, which does greatly disturb the peace and happiness thereof as well as endanger the lives of the inhabitants, therefore
Resolved that if any such person or persons which have been senten- ced to banishment as aforesaid shall be found in this State after the first day ot May next (which have not obtained or shall not obtain a pardon or reprieve from their erimes from the Governor and Council of this State,) that such person or persons shall be whipt not exceeding forty stripes, to be repeated once a week, by order of any assistant or justice of the peace, so long as they shall continue in this State.
Resolved that each of the above described persons be served with a copy of the above Resolve.
* No record of this act is found. Two days after this, Feb. 26, 1779, one hundred and eight persons were, by name, banished by an act of the General Assembly.
288
Governor and Council-February 1779.
State, Whereupon, Resolved that one Months pay be allowed him by the Treasurer of this State.
Having Taken into Consideration the petitions of the widow Abigail French & Anna Waller, & not finding Sufficient proof to Satisfy the Council, Resolved to Dismiss sd petitions.
On Petition of Michael Dunning for the farm formerly the property of Amos Dunning1 his son for the Support of his Sons children &c. Whereupon Resolved that John Burnham Esgr. be & he is hereby di- rected to sell the said Lands to the said Dunning Taking his obligations on Interest payable one year after date.
I am directed by the Governor & Council to desire [you] to furnish the wife & family of Colonel Rogers with as much corn as will be neces- sary to support them, also to desire you to Settle with the Treasurer as soon as may be. Pr. Order, JOSEPH FAY, Sec'y.
To Capt. John Simonds.
Adjourned to 8 oClock Tomorrow.2
FRIDAY 26 Feby. 1779.
Met according to Adjournment.
Sir,-I am directed to desire you to sell the farm. formerly the prop- erty of Amos Dunning, (now the property of this State,) to Michael Dunning, upon condition, that he will give as much as it is really worth, or as much as it will sell for to any other person, Taking his obligations on Interest payable one year after sale for the same.
By order of Governor & Council, JOSEPHI FAY, Sec'y. To John Burnham, Jur. Esqr.
Voted Ira Allen Esqr. to go to New Hampshire to carry a Letter to the Honble Meshech Weare Esgr. President of Council, and Transact any other business Necessary to be done.3
Voted Jonas Fay Esqr. to go to General Washington & New Hamp- shire.
Resolved that Jonas Fay & Colo. Moses Robinson be & they are hereby appointed to Draft a Proclamation to be published at the same time when
1 Amos Dunning of Pownal was proscribed by the act of Feb. 26, 1779.
2 Feb. 25 .- Resolved that the Governor and Council be and hereby are appointed a board of war with full power to raise any number of men that shall by them be judged necessary for the defence of the frontiers and to make any necessary preparations for the opening campaign-any four of whom to be a quorum.
Resolved that the Council be and hereby are impowered to liberate the tories under the care of Capt. [Samuel] Robinson or dispose of them according to their merit.
Resolved that his Excellency the Governor and Council revise, pre- pare and make any necessary alterations in the several laws and acts passed in the General Assembly and have the same printed as soon as may be. [The acts of 1779, as republished in Slade's State Papers, make 109 pages in fine type, which is fully equivalent to double that number of pages as usually printed now. It was the first statute book printed for the State. ]
8 See Appendix G.
289
Governor and Council-February 1779.
the Laws are printed & Circulated throughout this State, also that His Excellency with them prepare the Laws for the press. 1
1 Feb. 24th the Assembly resolved to raise $15,000 by a lottery as a fund for military defence; and on the 26th the Governor was requested to write to Gen. Washington apprising him of the intention of the state to provide for the defence of the frontiers. He was also directed to issue a proclamation, directing all persons to observe the laws; and accordingly he issued the following:
BY HIS EXCELLENCY THOMAS CHITTENDEN, EsQ.,
Captain-General, Governor and Commander in Chief in and over the State of Vermont: A PROCLAMATION.
WHEREAS the virtuous efforts and landable exertions of the good peo- ple of this State, have not only enabled them (by the benevolent in- terposition of the all-wise Governor of the universe) to frustrate the wicked devices, the despotic and tyrannical designs of their foreign as well as domestic enemies, but has procured to themselves the inesti- mable blessings of a free and independent government, and merited the esteem and confidence of the UNITED STATES OF AMERICA.
And whereas it has ever been found (by universal experience) in all free governments, to be of the highest importance, both for the honor of GOD, the advancement of religion, and the peace, satety, and tranquil- ity of the inhabitants thereof, that good and wholesome laws be estab- lished, and justice impartially administered throughout the same, in order to secure each subject in the peaceable enjoyment of his rights and liberties both civil and religious. And whereas the laws of this State are now promulgated in a full and legal manner amongst the in- habitants thereof, whereby each subject may become acquainted with his duty :
I have therefore thought fit, by and with the advice of my Council, and at the request of the General Assembly, to issue this Proclamation, and do hereby strictly require, charge, and command all persons, of what quality or denomination soever, residing within this State, to take notice thereof, and govern themselves accordingly, on pain of incurring the penalties therein contained.
And I do hereby further strictly require and command all magistrates, justices of the peace, sheriffs, constables, and other civil officers, to be active and vigilant in executing the laws aforesaid, without partiality, fa- vor or affection.
Given under my hand, and the seal of this State, in the Council Cham- ber, in Bennington, this 23d day of February,* in the third year of the Independeney of this and the United States of America, and in the year of our LORD, one thousand seven hundred and seventy-nine.
THOMAS CHITTENDEN.
By his Excellency's command, with advice of Council. JOSEPH FAY, Sec'y.
GOD SAVE THE PEOPLE.
*NOTE. - This date is wrong, as the Proclamation was not authorized or drafted until Feb. 26.
290
Governor and Council-February 1779.
Voted Colo. Ethan Allen to wait [on] General Washington to ac- quaint him with the Situation of affairs Relative to the defence of the Northern Frontiers of this State.1
Resolved that Fifty Non Commissioned officers & Soldiers, Together with proper officers, be raised out of the Militia of this State for the de- fence of the Northern Frontiers of the Same, to Continue in Service un- til the 1st day of May next unless sooner discharged-30 men are to be raised out of Colo. Herrick's Regiment & 20 out of Colo. Fletcher's Reg- iment.
Warrent given John Benjamin Esgr. Sheriff, to oblidge Watts Hub- hard [jr.] to pay & satisfy the Judgment of Council in October Last at Windsor. or Confine him to Certain Limits, & in case he the said Hub- bert Break over said Limmits on Conviction thereof before any Justice of the peace to Whip him on the naked baek not Exceeding 20 Stripes nor Short of 10 Stripes.
Adjourned until Tomorrow 9 oClock.
SATURDAY 27 Feby. 1779.3
Met according to Adjournment.
Sir,-In consequence of a Letter recd. from you informing of some incroachments of the Enemy, I have written General Clinton, informing him of the Same. His answer you have inclosed, upon which I have ordered fifty men to be raised to join you to Continue in Service until the first of May next unless sooner discharged, & am directed to disire Capt. Smith to Continue with his men until relieved by the above men- tioned men to be raised. You will inform me from time to Time of the Sitnation of your post, and the particular Movements of the Enemy.
I am Sir your Humble Servant, THOS. CHITTENDEN. To Cupt. Gideon Brownson.
1 On the next day Joseph Fay was appointed to wait upon Gen Wash- ington instead of Ethan Allen, who wrote the following letter:
MARCH, 1779.
Sir :- The fifth campaign drawing near towards opening, and Lake Champlain (from the last intelligence) being broke up, and the enemy's ships of force and scouting parties every day expected down the Lake, which may annoy and massacre the frontier inhabitants, has given rise to great uneasiness, as the frontier is but weakly guarded and widely ex- tended, which has induced the Governor of this infant State, with the advice of his Council and House of Assembly, to lay before your Excel- lency the true circumstances of the Inhabitants.
From the facts your Excellency will be able. with equal justice, to ad- just matters in this part of the Northern department, and grant such re- liet as shall be adequate to their necessitous condition.
Undoubtedly your Excellency will readily conceive that this part of the Country have done more than their adequate proportion in the war, and though they are greatly reduced as to materials to maintain standing forces, yet on sudden emergencies the Militia is able and willing to face any equal number of the enemy, provided they should have no other re- ward but the satisfaction of defeating them.
ETHAN ALLEN.
General Washington.
2 The Assembly adjourned on the 26th to the first Wednesday in June, but the Council continued in session.
291
Governor and Council-February 1779.
Sir,-I am directed by the General Assembly to Write to you request- ing you with the men under your Command to Continue at the post at Rutland fourteen days from the 26 Instant. These are therefore to request you to Comply therewith. Others will relieve & supply your place at that Time. I depend on it the frontiers will not be Left so bare at any future time as they now are so long as there shall be occasion for a Guard there. I have written to Capt. Brownson which I expect he will Communieate to you. THOS. CHITTENDEN.
To Cupt. John Smith.
Letter to Joseph Bowker, Esqr :
I am directed by Council to desire you to make a Settlement (in be- half of this State) with Colo. James Mead relative to the mare & Colt in dispute between him & Edward Bumpus, & whatever is found due to pay the same to said Bumpus. Pr. order, JOSEPH FAY, Sec'y.
Voted Colo. Moses Robinson to Draft a Proclamation for a General Fast throughout this State.
Voted Joseph Fay Esgr. in lieu of Colo. Ethan Allen to Wait on Gen- eral Washington to acquaint him with the Situation of the Northern frontiers of this State, &e.
Sir,-As it is uncertain Wheather Matison & Lees place will fall into Clarindon or be States Land, You will not Sell it to any person at pres- ent but Lease it out to Mr. Lemuel Roberts & his Brother for the pres- ent year. By order of the Govr. & Couneil.
JOSEPH FAY, Sec'y.
To Colo. James Claghorn.
Voted Colo. Moses Robinson, Samuel Robinson Esqr. & Jonas Fay Esqr. a Committee to Settle Mr. Ambrose Hubberts acet. against the State.
Voted that His Excelleney the Govr. be directed to give orders to Captain Fitch to furnish the wives of David Castle & Elijah Benedict of Paulet with one Cow Each during the pleasure of Council.
Voted that the Judges of the Special Court be Allowed 2 Dollars pr day for the Tiyal of David Redden, [Redding.] who was Executed in this place in June last.
Voted & Resolved that Widow Wright be released from paying the rent of the farm she lived on last year. The same Entered on her peti- tion to this Couneil & sent back to the sd Widow at Shaftsbury.
To John Benjamin, Esqr. Sheriff:
Sir .- You are hereby directed to Suspend the Execution of the Sen- tence of Banishment against Titus Simonds until the Sessions of the Council & Assembly in June Next, & you will keep him to Labour to pay for his Support until that time within the Town of Windsor, on pen- alty of his being Whiped not Exceeding 40 Stripes on the naked back on his Leaving said Town.
pr. order, JOSEPH FAY, Sec'y.
The End of Feby. Session 1779.
JOSEPH FAY, Sec'y.
292
Executive Correspondence, March 1779.
EXECUTIVE CORRESPONDENCE, MARCH. 1779.
BENNINGTON 5 March 1779.
Sir,-Yours of yesterdays date by Lt. Butterfield I recd this morning, and am very sorry the Troops raised for the Defence of the Northern frontiers are delaved for want of Provisions. I enclose you a Copy at Large of a Letter I recd from General Clinton.1 by which you will Larn, that I am fully Authorized to raise such men & naturally implies that they are to [he] supported out of the Continental Store, which I trust you will deliver as soon as you obtain this knowledge. I will be answer- able if any Blame shall come against you on that account.
I am Sir your Humble Servant, THOMAS CHITTENDEN.
Enoch Woodbridge Esqr. C. I. [Commissary of Issues.]
BENNINGTON 5 March 1779.
Copy of a Letter to General Washington:
Sir,-I am directed by my Council & the General Assembly of this State, to recommend to your Excellency the present unhappy situation of the Inhabitants of the Northern frontiers of this State, & to pray your Excellency's interposition for their future Relief. The contiguous situ- ation of those inhabitants to the Enemy has rendered their Safety pecu- liarly uncertain from the first commencement of the present War ; the many alarms occasioned by the repeated approaches of the Enemy have kept its inhabitants in such a fluctuating condition as has rendered it impracticable for them to have seenred any considerable supplies of pro- visions for their families beforehand. The encroachments of the Army under the Command of Lt. General Burgoyne into this State in the year 1777, their daring Attempts to distroy this Town & the public Stores then deposited here, commanded the attention. as well as the most vig- orous exertions of those Inhabitants-and Altho there was then very plentiful Crops of Grain, Corn, Hay, &c., on the Ground. yet by reason of the Enemy. the inhabitants were prevented from securing any consid- erable part of it. That by their continuing in Service for the purpose of reducing General Burgoyne to a Submission, the season of the year was so far advanced as to put it out of the power of those in- habitants to make the necessary preparations for a Crop of Winter Grain on which they have ever had their Greatest dependence since the first settlement of this part of the Country. They are therefore princi- pally reduced to an Indian Cake in Scant proportion to the number of their Families, & by the distruction of their Sheep by the Enemy, their loss of them otherwise as well as their flax, their backs & their bellies have become Co Sufferers.
In this deplorable Situation, may it please your Excellency, they re- main firm & unshaken, & being generally well armed and accontred, are ready on any sudden Emergency and on the Shortest Notice to face & Encounter their inveterate foe Undaunted. Button Viewing their pre-
1 Brigadier General James Clinton, of New York, of the continental service.
293
Executive Correspondence, March 1779.
sent Circumstances, it may be your Excellency may be prevailed on to make such Provisions for the Security of the Frontiers of this State (which is no less so to three other States) as may prevent the fatal necessity of those inhabitants being continued in Constant Service the ensuing summer.
With this will be communicated a Copy of a Letter from General Clin- ton of the 25 ulto. by which your Excellency will perceive his rediness to Grant every relief in his power. In consequence of this Letter I have ordered the Continuance of the Company of Militia therein named & an addition of 50 men Exclusive of Commissioned officers to join them immediately. Ifafter all that has been exhibited on this Subject it should be found inconsistent to adopt any other measures in the case, I desire an order may be granted for the Subsistence & pay of such officers & soldiers as may be found necessary to raise from time to Time within this State for the purpose aforesaid. The Bearer hereof, Joseph Fay, Esqr. in whose attachment to the Common cause your Excellency may repose the Greatest confidence, will be able to give any further inteli- gence in the primises, & patiently wait any advice or directions your Excelleney may please to Communicate.
I am Sir your Excellency's most Obedient and very Humble Servant, THOMAS CHITTENDEN.
His Excellency Gent Washington. Copy, Attest, Jos. FAY, Sec'y.
ARLINGTON, 6 March 1779.
Sir .- Your kind favour of the 25 ult. came to hand and in consequence of your advice I have ordered the continuance of the Company of Militia & an addition of fifty men more of the Militia of this State (exclusive of Commissioned officers) who will march this day to join Capt. Brown- sons Command at Rutland.
This may serve to secure the Frontier inhabitants for the present, but as the Lakes are now open which affords an opportunity for the immedi- ate advances of the Enemy's armed Vessels, such security is only Tem- pory & a greater force will be forthwith necessary to prevent the inhabi- tants removing with their Families and such of their effects as [they] may be able to bring with them. I sincearly thank you for the rediness which you have hitherto shown on all occasions to Communicate any relief in your power for those distressed inhabitants & desire you'd please to accept the same, & in the mean Time beg to know what further assistants you can afford them.
I have no disposition to Trouble His Excellency Gen1 Washington or Congress on the Subject if any thing short can Secure the Inhabitants, but their daily applications to me makes it necessary that I bear their case in mind, and Continue my applications in their behalf until (if pos- sible) I obtain relief for them. The bearer hereof, Joseph Fay, Esqr. in whom you may confide, will be ready to give you any further Inteligence in the premises in his power.
I wish to be Indulged with an immediate answer to this that I may be the better Enabled to know what method will be adviceable for me to persue next for relief.
I am Dr. [sir] your most Obt Humble Servant,
THOMAS CHITTENDEN.
Brigadier Gen' Clinton.
294
Governor and Council-March 1779.
BENNINGTON. 10th March 1779.
Sir,-Your favour of the 5 of November last was Seasonably dilivered me by Ira Allen Esqr. I have purposely omitted an answer until the General Assembly at their present Session should be able to direct me in what manner I might be Warranted to do it, which I find cannot be more explicitly done than by inclosing their Resolution for disolving the union (so called) with sixteen Towns East of Connecticut River, which I have inclosed.
The Laws of this State are now nearly fitted for the press & will be immediately printed & Circulated among the inhabitants, the execution of which I flatter myself will prove sufficient to quit [quiet] any distur- bances among the Inhabitants west of Connecticut river ; but as those on the East side (who have been heretofore considered as being united with this State) are accomplices with some few diseffected persons on the west side of Connecticut river, in creating feuds and Jealousies 10 the disturbance of N. Hampshire, as well as this State, your wisdom therefore, in quelling those disturbances East of the river will doub- less [doubtless ] prove Sufficient.
The bearer, Ira Allen, Esqr., who is appointed to communicate this, will be able to give any further inteligence in the matter.
I am Sir with Sentiments of Esteem
Your honor's most Obedient Humble Servant, THOMAS CHITTENDEN.
The Honble Meshech Wire [ Weare,] Esqr., President of the Council N. Hampshire.1
IN COUNCIL, Arlington 12 March 1779.
Sir,-You are hereby directed to diliver over the South Hundred acres of the farm formerly in the possession of Jeremiah French to John Fassett Jr., Esq., Commissioner of Sales of Land.
THOMAS CHITTENDEN.
Martin Powel Esqr., C. Seqn. 12.
Sir,-You are hereby directed to make application to Martin Powel Esqr., of Manchester for the South hundred acres of the farm formerly in Possession of Jeremiah French, in which said Manchester, & Take the Same into possession, which you will keep until you have further orders from this Council.
THOMAS CHITTENDEN.
To John Fassett [Jr .. ] Esqr., C. of Sales of Land:
Council adjourned until the 4th Wednesday of April next to meet at the house of His Excellency Thomas Chittenden in this Town.
Attest, M. LYON, D. Sec'y. P. T.
THE GOVERNOR AND COUNCIL AS A BOARD OF WAR.
March 11, 1779, the Governor and Council commenced their action as a BOARD OF WAR, under the resolution of the General Assembly of Feb. 25. The record of this Board will therefore be given in connection with the Council record, in chronological order as near as may be.
1 For documents on this subject see Appendix G.
295
Governor and Council as Board of War.
ARLINGTON, March 11th 1779.
BOARD OF WAR met at the House of his Excellency Thomas Chitten- den, Esqr. Members Present,
His Excellency THOM. CHITTENDEN, Esqr.,
Honorable JOSEPH BOWKER, Esqr.
Honorable TIMOTHY BROWNSON, Esqr.
Honorable JOSEPHI FAY, Esgr.
Honorable MOSES ROBINSON, Esqr.
Honorable IRA ALLEN, Esq".
and made choice of MATTHEW LYON, Secretary of the Board of War. ARLINGTON, March 11 1779.
Resolved that the Capt. General issue an order to Col. Gideon Warren Commanding him to call forth one hundred men properly officered of the militia of this [his] Regiment forthwith on the reception of this, and to hold them in constant readiness at a minutes warning to march for the defence of the frontier Inhabitants of this State whenever he shall re- ceive intelligince from Capt. Brownson or other officer commanding the post at Rutland that the Lake Champlain is clear of Ice ; and that their pay commence three days before they March.
ARLINGTON, March 11 1779.
Dr Sir,-In consequence of repeated applications to me by the fron- tier inhabitants of this State, I have ordered one hundred men of Colo. Warrens regiment properly officered to be got ready immediately on the reception of their orders and to hold them in readiness to march at a minutes warning to your assistance whenever you shall certify him that the Lakes are clear of Ice, which I desire you to do as soon as you shall come to the knowledge of it.
I shall send some directions to the inhabitants to remove, the particu- lars of which I cannot well insert here. Must refer you to the bearer, Capt. Fassett. I am dear Sir your most obedient himble servant,
THOS. CHITTENDEN.
Capt. Gideon Brownson.
N. B .- I am informed by Capt. Fassett, that the inhabitants of Pits- ford have agreed to build a picquet in some convenient part of that town at their own expence, I would therefore recommend to you to afford them a detachment from your Command on the completion of the Pic- quit and the arrival of Colo. Warren's Militia. T. C.
Copy.
ARLINGTON, March 12th 1779.
Sir,-As it was omitted, in the other Letter, to advise you in regard to the inhabitants of Castleton, and as I have recommended it to them to build a picquet Fort in that Town, would advise that on the arrival of the Militia from Colo. Warren's Regiment you send them some relief to keep the same. Your humble servant,
TIIOS. CHITTENDEN.
Capt. Gideon Brownson.
ARLINGTON March 12th 1779.
Whereas this State is a frontier to the Northern Enemy it is therefore necessary that some lines be ascertained where this State will attempt to defend the Inhabitants:
Therefore Resolved that the North line of Castleton, the west and north lines of Pittsford to the foot of the Green Mountains, be and hereby is Established a line between the Inhabitants of this State and the Enemy, and all the Inhabitants of this State living to the north of said line are
296
Governor and Council as Board of War.
directed, and ordered to immediately move with their families and Effects within said Lines. This Board on the Petition of the Inhabitants do also recommend the Inhabitants of Castleton and Pittsford to im- mediately erect a Picket fort near the Center of the Inhabitants of each Town and that the women and children (excepting a few near the fort) move to some convenient place south and that the men with such part of their stocks as may be necessary remain on their farms and work in Col- lective bodies with their arms.
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