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 33
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WAR OFFICE April 2d at Arlington 1779.
This Board having taken into their consideration the present defence- less situation of the frontier inhabitants of this State, and the dangers they must be immediately exposed to on the breaking up of the Lakes, have and do hereby resolve, that one hundred men exclusive of Com- missioned officers be immediately raised and officered in the several Regiments in this State hereafter named, for the immediate defence of the Frontiers thereof, who are to continue in service sixty days, in- cluding the day they march, unless sooner discharged, and that their pay commence two days before such march:
That Colo. Samuel Herrick furnish for the above purpose,
Non-commissioned
Capt. Ist Lieut. officers & privates.
That Colo. Sam1. Fletcher furnish 1
That Colo. Joel Marsh do.
1
1 2d 1 30 3 1 35 35
100
Resolved that the order to Colo. Gideon Warren of the 11th of March Last be forthwith countermanded, and that the Captain General be di- lected by this Board to issue his order requiring Colo. Warren to raise one Captain one 2d Lieutenant and fitty non-commissioned officers and soldiers of his Regiment immediately and to hold them in constant read- iness to march on the shortest notice for the defence of the frontiers whenever he shall receive intelligence from the officer commanding the post at Rutland that the Lake is clear of Ice, and that their pay com- mence two days before they march, and to continue in service sixty days including the day they march, unless sooner discharged.
ARLINGTON, 2d April 1779.
Necessity obliges this Board to call on you at this time for the as- sistance of such part of your Regiment as named in the orders herein enclosed to you. You will readily conceive that the Lakes will soon be clear of Ice, and in consequence the frontier inhabitants of this part of the State will be immediately exposed to the rage of the enemy; the re- quests of those inhabitants are pressing, loud and repeated. I flatter myself your men will cheerfully turn out on this occasion as I have rea- son to expect (by Mr. Fay's favourable return from head quarters) that provision will be made to defend the frontiers from a different Quarter. and perhaps sooner than sixty days, which if done the men will be sooner discharged.
I am Dear Sir your humble servant, THOMAS CHITTENDEN. Sent to Colo. S. Fletcher, Colo. S. Herrick, Colo. Joel Marsh, Colo. Gideon Warren.
Letter to Colo. Warren and orders-(Copy.)
ARLINGTON, 24 April 1779.
Sir,-The Board of War having taken into consideration the situation of the northern frontiers of this State. have resolved to raise a further
297
Governor and Council-April 1779.
supply of Troops for their security. Therefore you are hereby Com- manded forthwith to furnish by Draught, one Captain, one second Lieu- tentant and fifty able bodied effective men (in Lieu of the hundred last ordered.) and have them every way equiped with arms and every other necessary for a Campaign in defending said frontiers, to continue in ser- vice sixty days from the day they march (unless sooner discharged) and their pay to commence two days before they march. You will cause them to march agreeable to the orders for marching the hundred Last ordered.
Orders sent since for one serjeant in Lieu of a 2d Lieutenant.
THOS. CHITTENDEN, Capt. Gen ?.
To Colo. Gideon Warren.
Similar orders [to] above sent to the following Colonels & Regiments, viz.
Capt. Ist Lieut.
2d Lieut.
Colo. Saml Fletcher,
1
0
1
Privates. 35
Colo. Sam1. Herrick,
0
1
0
35
Colo. Marsh,
0
1
0
30
Total, 100
Debenture of War, Arlington April 3ª 1779-Debenture providing Guard for the Frontiers.
Jonas Fay Esq., 1 2-3 day, horse 16 shillings,
£3 16 0
[Receipt] JONAS FAY.
Timothy Brownson, Esq .. 1 day, horse 4 shillings,
2 0 0
TIMY. BROWNSON.
Jeremiah Clark, Esq., 1 1-2 day, horse 15 shillings,
380
JEREMIAH CLARK.
3 15 0
Joseph Fay, Esq., 1 2-3 day, horse 15 shillings, JOSEPH FAY.
3 15 0
[£16 14 0]
£17 12 0
RECORD OF THE GOVERNOR AND COUNCIL
AT A
SPECIAL SESSION AT ARLINGTON, APRIL 1779.
ARLINGTON, April 29th 1779.
Whereas the General Assembly of this State at their Sessions held at Bennington the 23d day of February last. did Resolve that all those per- sons who were Sentenced to Banishment, by virtue of an act of Assembly passed in June 1778, and yet remain in this State after the first day of May 1779, unless pardoned or reprieved by the Governor & Council, That such person or persons be whipped not exceeding 40 Stripes & continued Weekly:
21
Moses Robinson, Esq., 1 2-3 day, horse 15 shillings, MOSES ROBINSON.
298
Governor and Council as Board of War.
And whereas the day to give the said persons a hearing for a pardon or reprieve being come, and James Breakenridge, Ebenezer Cole, & Jno. McNiel, appearing, and made their request & plea-& their not be- ing a Sufficient number of the Council present, the said persons have not had a Determination according to the Intention of the Assembly -- We therefore Recommend it to all Concerned that their punishment be Suspended until a decree of the Council be obtained in the premises.
pr. order, JOSEPHI FAY, Sec'v.
IN COUNCIL, Arlington 30 April 1779.
Whereas it appears to this Council that Mary Ilawley [is] wido. of Abel Hawley Jur. Late of Sunderland an Enimical person Decd. & his Estate Confiscated, & that the Commissioner of Sales of such Estates has Omit- ted allowing her the said Mary a Cow, as has been the usual Custom in such cases-Therefore Resolved that the Treasurer be directed to pay unto the said Mary one hundred & Eight Dollars out of the public Treasury of this State in Lieu of all other Allowances.
April 30, 1779.
Upon the representation of Colo. Gideon Warren a person Wounded in the Service, that the Honble the Congress of the United States did in the Month of August 1776 Resolve an allowance should be made as a Compensation to such officers & Soldiers as had or should in future be wounded, or maimed in the Service of the United States, part of which Allowance was made to him by the General Assembly of this State at their Sessions in June last-& praying a further Allowance at this Time, Therefore Resolved that the Treasurer be directed to pay Colo. Gideon Warren one hundred and Twenty pounds out of the public Treasury of this State, & that the said Gideon Warren to account with the Treas- urer for such part of said sum (if any) as may appear to be over the sum allowed by Congress.
PROCEEDINGS OF THE GOVERNOR AND COUNCIL AS BOARD OF WAR,
MAY 1779.
THE official record contains nothing of a special meeting of the Gov- ernor and Council May 6, 1779, to take measures for the enforcement of the authority of the state in Cumberland county. April 2d 1779 the Board of War had ordered a draft for men to reinforce the military on the frontier, a portion of the men to be drawn from Cumberland county. Gov. Clinton had previously commissioned officers there, and among
299
Governor and Council as Board of War.
others Col. William Patterson,1 who had a regiment of about five hun- dred men. Under the direction of Patterson, the Vermont draft was resisted. IRA ALLEN stated that Gov. Chittenden, being duly informed of this, &c., "took speedy and secret measures to counteract them." This was effected by sending ETHAN ALLEN with an armed force and the power to employ the posse comitatus, who promptly arrested Patterson and other officers, in all forty-four, the most of whom were indicted, tried, convicted and fined. The language of ALLEN implies that Gov. CIIITTENDEN took the sole responsibility of this important movement, and this, if it were the fact, accounts for the apparent omission in the record. It will be observed, however, that on the 2d of June following, the General Assembly appointed a committee " to wait on his Excellency the Governor and the honorable members of the Council present," and give the thanks of the Assembly " for their raising and sending the posse comitatus into Cumberland county."-See I. Allen's History, in Vt. His- torical Soc. Coll., vol. I, pp. 400-402; Eastern Vermont, pp. 332-345; Early History, pp. 284-288.
The orders to Col. Allen are found in the Ethan Allen Mss., in the office of the Secretary of State, pp. 289, 290. They were as follows:
Orders to Col. Ethan Allen, &c.
Whereas complaint hath been made unto me by SAMUEL FLETCHER, Esq., commanding the first regiment of militia within this State, that on Wednesday the 28th day of April last, at Putney in the State afore- said, a large number of men consisting of near one hundred being un-
1 WILLIAM PATTERSON was of Scotch Irish descent, probably born in Ireland. He came to Westminster about 1772 under the patronage of Crean Brush, and his career, in Vermont at least, exceeded even that of his tory patron in infamy. He was made sheriff of Cumberland county by New York in 1773, and held the office until the royal officers were arrested on the heel of the Westminster massacre. His first offence was the arrest and imprisonment of LEONARD SPALDING, "the hero of Dummerston," Oct. 1774, for condemning the Quebec bill, which, Spald- ing said, "made the British tyrant Pope of that government." Spalding was released by the interposition of the Whigs, after an imprisonment of eleven days. Patterson's next infamous act was heading the tory crew at the massacre at Westminster. That Gov. Clinton, a major-gen- eral in the continental army, should commission this man as a colonel in 1778 is an extraordinary fact. Mr. Sabine, the author of The Royalists in America, condemns Patterson, and adds, that of his life, subsequent to his residence in Vermont, " he has no certain information. A loyalist of this name, however, embarked at Boston with the British army for Halifax in 1776-[this could hardly be the Vermont Patterson; ] and I find the death of William Patterson (who had been Governor of the Island of St. John, Gulf of St. Lawrence,) at London, in 1798."-See Eastern Vermont; and Sabine's Loyalists of the American Revolution.
300
Governor and Council as Board of War.
lawfully assembled under the command of a certain pretended Col. PAT- TERSON of Hinsdale, [Vernon.] did then and there by force and with violence take and convey from one WILLIAM M'WAINE a serjeant be- longing to Capt. DANIEL JEWET's company of militia, and in the said SAMUEL FLETCHER's regiment, two Cowes which the said serjeant M'WAINE had previously taken, one from JAMES CLAY, and the other from BENJAMIN WILLSON, both of Putney, by virtue of a warrant by legal authority [issued] directing the said serjeant M'WAINE to dispose of so much of the Estates of the said JAMES CLAY and BENJAMIN WILLSON, at public outery, as would satisfy the fines of the said James and Benjamin [for] refusing to march or pay their proportion of raising men when legally draughted for the service of this and the United States of America agreeable to an act of the General Assembly of the Repre- sentatives of the Freemen of this State; and praying for relief in the premises, and being against the peace and dignity of the same:
You are therefore hereby commanded, in the name of the freemen of the State of Vermont. to engage one hundred able bodied effective men as voluntiers in the County of Bennington, and to march them into the County of Cumberland seasonably to assist the Sheriff of said County to execute such orders as he has or may receive from the civil authority of this State, in order to put into execution at the adjourned session of the Superior Court to be holden at Westminster in the County aforesaid the 26th day of May instant. Hereof you may not fail.
Given under my hand at Arlington this 6th day of May A. D. 1779. THOMAS CHITTENDEN. Captain General.
[From the Record of the Board of War.]
WAR OFFICE, Shaftsbury, May 13th, 1779.
Resolved that fifty able bodied effective men, non-commissioned offi- cers and soldiers properly offieered, be forthwith raised of the Militia of the County of Bennington, to serve forty days from the day they march, in guarding the northern frontiers of said County and protecting its in- habitants from the incursions of the Enemy, unless sooner discharged. And Colo. Herrick furnish for the above purpose,
Capt. 1, Lt. 0, Rank and file 25. 25.
and Colo. Warren furnish for do.
1,
Resolved that the Captain General be and he is hereby directed to issue his orders to the above named Colonels for the above purpose.
Resolved that the Captain General be and he is hereby directed to issue a Commission to Doctor Jacob Ruback dated 6th of May 1779 to Continue in force untill the 10th of July next unless sooner discharged.
Copy of a Letter to Colo. Warren. ARLINGTON, May 14th 1779.
Dear Colonel,-I have received your favour of the 16th [6th, probably.] instant some days sinee but have thought proper to wait the determina- tion of the Board of War before I answered it. By the enclosed orders you will see the present determination of the Board of War. Your Ex- ertions at the time of Capt. Brownson's being called away, your disposi- tion of the Militia and care for the forts greatly pleases me. I perceive by Capt. Sawyer's return that there is yet 13 men behind of the 60 days men. I beg of you to take care that they be sent on without delay, as also those in the inclosed order. I flatter myself this will be the last we shall have occasion to call for this Summer, and had not Capt. Brown- son been unluckily called away we should not had occasion to call this last time. I am dear Sir your most obedient servant, T. C.
301
Governor and Council as Board of War.
Copy of orders to Col. Warren.
Pursuant to a Resolve of the Board of War yesterday you are hereby commanded, immediately on the reception of this, to detach or draught one Ensign and twenty-five able bodied effective non-Commissioned officers and Soldiers of your Regiment and have them every way equiped with arms and every other necessary for a Campaign in defending the Northern frontiers. to continue in service forty days from the time of marching. You will cause them to march to Rutland as soon as possi- ble. and they are to be under the Command of Captain THOMAS SAW- YER, who is to be their Captain and Commands the post.
Given under my hand at Arlington this 14th day of May 1779.
THOMAS CHITTENDEN, Cap'n. Gen !.
Colo. Herrick has orders of Like Tenour save Lt. in Lieu of Ensign.
Copy of orders for Captain Thomas Sawyer Commanding at Fort Ranger, dated Arlington, May 14th 1779.
The design and object of a Garrison's being kept at your post is to prevent the Invasion of the Enemy on the northern frontiers and to annoy them should they come within your reach. As there are two other forts, one at Castleton and one at Pittsford, dependant on yours, you are to take care that they be properly manned and provided for pro- portionable to your Strength at fort Ranger. You will keep out con- stant scouts towards the Lake so as to get the earliest intelligence of the motions and designs of the Enemy. You will keep the command of Fort Ranger and the other forts depending untill otherwise ordered by me or untill some Continental officer shall take the command. You will post the earliest intelligence of the motion of the Enemy to me and guard against surprise. Given under my hand,
THOS. CHITTENDEN, Capt. Genl. Copy of Letter to Colo. Herrick.
ARLINGTON May 14th 1779.
Dear Colonel,-Capt. Brownson's being called away from Rutland has occasioned the within order, which there is the greater necessity to exe- cute. I find by Capt. Sawyer's return that 13 of the 60 days men have not yet arrived at Rutland from your Regiment. I do earnestly request you to examine into the cause of the delinquency and cause them to be forwarded without delay, as also those in the enclosed order, as the In- habitants are under great apprehensions of the Enemy's coming upon them. I remain Sir your very humble seryt.
Col. Herrick.
THOS. CHITTENDEN.
302
Governor and Council-June 1779.
RECORD OF THE GOVERNOR AND COUNCIL
AT THE
SESSION OF THE GENERAL ASSEMBLY AT WINDSOR,
JUNE 1779.
The following is a Copy of a resolve of the General Assembly, vizt:
IN GENERAL ASSEMBLY June 2ª 1779.1
Voted & Resolved, that Mr. [Edward] Harris [of Halifax,] Mr. [Silas] Webb [of Thetford.] & Col. [John] Strong [then of Dorset, afterward of Addison.] be and are hereby appointed a Committee to Wait on his Ex- cellency the Governor & the Honble Members of the Council present & give them the thanks of this Assembly for their rasing & sending the Posse Commitatis into Cumberland County in May last for the purpose of apprehending the Rioters who were Tried at Westminster.
Pr order, M. LYON. Clerk.
Copy, attest, JOSEPH FAY. Sec'y.
IN COUNCIL, Windsor June 3d 1779.
Sir,-You are hereby required to Call the male Inhabitants of the Town of Whitingham between the age of 16 and 60 years, or such as have a right by Law to vote for the choyce of Militia officers, to meet at some convenient time and place in sd town to be by yon appointed. as soon as may be, & to Lead them to the choice of a Captain, one Lieuten- ant & one Ensign, & make returns of the persons thus chosen to this Board in order to their being duly Commissioned.
By order of the Govr & Council,
JONAS FAY, Sec'y. P. T.
Lt. Silas Hamilton.
IN COUNCIL, Windsor June 3d 1779.
Voted & Resolved that Jonas Fay Esqr. be & is hereby appointed Secretary P. Tem.
Sir,-You are hereby directed to Convene such of the inhabitants of N. Fane as are qualified by Law to vote for Militia officers to meet at some convenient Time and place in said Town to be by you appointed,
1 From the Assembly Journal:
Resolved that this Assembly do approve of the method heretofore taken by the Board of War for the defence of the frontiers ; and do re- commend them to attend to the defence of the frontiers.
Resolved that his Excellency the Governor and any four members of the Council be and they are hereby invested with all the powers that have been hitherto given to and made use of by the Court of Confisca- tion.
303
Governor and Council-June 1779.
and lead them to the choyce of one Captain. one Lt. & one Ensign, & Return their names to this Board as soon as may be in order to their being duly Commissioned.1
pr Order,
JONAS FAY, Sec'y. P. T.
[No address on the record. ]
IN COUNCIL, Windsor 3d June 1779.3
Resolved that Mr. Stephen R. Bradley be & he is hereby appointed to prepare, and bring into this board as soon as may [be] a draft of a Proc- lamation to be Issued by his Excellency in regard to the diseffected in- habitants of the County of Cumberland.3
By order of the Govr. & Council. JONAS FAY, Sec'y. P. Tem.
Resolved, that Mr. Allen & Mr. Carpenter be & they are hereby ap- pointed a Committee to adjust acets with Mr. Alden Spooner, Printer. 4.
On the Representation of Mr. Timothy Bartholomew, that the Child- ren of Mr. James Munn Late of Thetford, an Enimical person deceased, were suffering for the Necessaries of Life, an order is therefore Issued to Joseph Horsford, Commissioner of Sequestration, for the rent of the sd Munns farm the present year to be appropriated for the relief of said Children. Attest, JONAS FAY, Sec'y. P. T.
1 The resistance of Col. Patterson to Vermont was within the bounds of Col. Samuel Fletcher's regiment. Whitingham and Newfane were also in his regiment. These orders therefore were made to enforce the au- thority of Vermont against New York. On the same day the Assembly ordered the selectmen of the towns in Cumberland county to seize all the " stocks of ammunition lodged in the hands of the enemies of this State " in towns in that county. The phrase " enemies of this State " seems to include the adherents to New York as well as tories. The fact was, however, that several at least of the leading adherents to New York were also tories.
2 From the Assembly Journal:
Ira Allen Esqr. made report of his mission to New Hampshire and sundry papers relative thereto was read-and Ira Allen Esqr. was un- animously chosen by ballot an Agent to transact the affairs of this State at the Council and General Assembly of the State of New Hampshire.
Resolved, that His Excellency the Governor be and be is hereby re- quested to write to the Council and General Assembly of the State of New Hampshire informing them that it is not agreeable to this Assem- bly that the Assembly of the State of New Hampshire lay any jurisdic- tional claim to the west of Connecticut River .- See Appendix G.
Resolved, that a Surveyor General be appointed to procure copies of all Charters that ever was made of lands lying in this State in order to make out one General plan of this State in order to know where vacant lands are ; and it shall be his duty to follow the instructions he shall from time to time receive from the Governor and Council or from this Assembly.
The ballots being taken, Ira Allen Esqr. was Elected Surveyor Gen- eral.
3 See Appendix H.
304
Governor and Council-June, 1779.
WINDSOR 4 June 1779.1 1
STATE OF VERMONT. IN COUNCIL. date above. S
Sir,-You are hereby directed to Take the wife and family of Titus Simonds,2 and Transport them to the officer Commanding at Rutland, Consulting him in some Method to Transport said family within the Enemies Lines in Canada.
By order of the Govr. & Council, JONAS FAY, Sec'y. P. T.
To Capt. Simonds of Andover.
4th.
Sir,-You are hereby ordered to Confirm to Mr. Moses Evans of Hert- ford the Bargain you have entered into with respect to the rent of a part of the farm formerly the property of Zadock Wright Esqr. now the prop- erty of this State, & receive the rent of said Evans for the use of this State, you to be accountable.
You are Likewise ordered to Confirm to Mrs. Sarah Wright wife of the aforesid Zadock Wright Esqr. the improvement of the seven acres of plowing, six of Mowing & the pasturing of three Cows, ten sheep & one horse free of rent for this year .- Also the priviledge of Fallowing any quantity of said farm not leased as aforesaid & sowing the same this Season for her own & her families use.
By order of Council, JONAS FAY, Sec'y. P. Tem. To Paul Spooner, Esqr.
IN COUNCIL Windsor 4th June 1779.
Resolved that Mr. Emmons, Mr. Spooner & Mr. Allen be & they are hereby appointed a Committee to Settle the acet. exhibitted by Mr. Rob- inson & order payment of what shall be found due.
[June] 4th.
Resolved that Mr. Noah Smith be & he is hereby appointed a paymas- ter for the Militia agreeable to a Resolution of the General Assembly of this State of the 22d of Feby. last, and his Excellency is hereby directed to Give him a Warrant accordingly.3
[From the Record of the Board of War.]
BOARD OF WAR, Windsor, 5th June 1779.
Resolved that one hundred and fifty men officers included of the mili- tia of this State be raised immediately to serve as a guard at the post at Rutland and the frontiers of this State, to Continue in service two months from the day they march, unless sooner discharged, and their pay
1 From the Assembly Journal:
Resolved, that his Excellency be requested to issue a proclamation of pardon to all rioters, &c., which proclamation was read and approved of. -See Appendix H.
2 In the superior court for Cumberland county, held at Bennington in Dec. 1778, a complaint was entered against Titus Simonds of Hertford, [Hartland,] charging that he went over to the enemy on the 4th of Sep- tember 1777. His property was confiscated.
3 The Assembly adjourned without day on the 4th of June, but the Council continued in session to the 12th, sitting a portion of the time as Board of War.
305
Governor and Council-June, 1779.
to commence two days before they march. and that they be taken from the several regiments in the following proportion (viz.)
Capt. LI.
En. 1
Serj.
R. & filc. 33 31
40
Colo. Herrick,
0
Colo. Marsh,
1
0
1 0 0
4 2 3 2
30
35
Colo. Warren,
1
0
22
25
Colo. Oleott,
0
13
15
3
3
12
129
150
The record of the Governor and Council contains no entry for the 7th of June, but the following is found in Ethan Allen Mss., in the Secre- tary of State's office, pp. 289-290:
STATE OF VERMONT. IN COUNCIL, Windsor, June 7th 1779.
Resolved that the Capt. General's orders of the 6th of May last to Colo. Ethan Allen, together with an extract of the proceedings of the ad- journed Superior Court held at Westminster in the South half-shire of the County of Cumberland, on the 26th day of May last, and his Excel- leney's Proclamation of the 3d instant, be published.2
Extract from the Minutes.
JONAS FAY, Sec'y. pro tem.
WINDSOR 12 June 1779.
Resolved that Colo. Ethan Allen and the Honble Jonas Fay Esgr be and they are hereby directed to Wait on the Honble the Grand Conneil of America as soon as may be, and they and Each of them are hereby recommended to that Honble Board to do and Transaet any business that Concernes the State of Vermont.
By order of the Govr. & Council,
JOSEPH FAY, Sec'y.
2 The Proclamation extended a pardon to "all persons indieted, in- formed against, or complained of," &c., "provided nothing herein con- tained be construed to extend to any person to whom judgment has al- ready been rendered." The portion of the court record published was, most probably, the part which recited the judgment of the court against Col. Eleazer Patterson and twenty-nine others. The list is as follows:
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