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 36

Author: Vermont. cn; Vermont. Conventions (1775-1777); Vermont. Council of Safety, 1777-1778; Vermont. Governor. cn; Vermont. Supreme Executive Council, 1778-1836; Vermont. Board of War, 1779-1783; Walton, Eliakim Persons, 1812-1890, ed
Publication date: 1873
Publisher: Montpelier, J. & J. M. Poland
Number of Pages: 584


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 36


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To obtain redress of these grievances, which threaten destruction to the lives, liberty, and property of his majesty's subjects, in North Amer- ica, we are of opinion, that a non-importation, non-consumption, and non-exportation agreement. faithfully adhered to, will prove the most speedy, effectual, and peaceable measure: And, therefore, we do for our- selves, and the inhabitants of the several colonies, whom we represent. firmly agree and associate, under the sacred ties of virtue, honor and love of country, as follows:


First, That from and after the first day of December next, we will not import, into British America, from Great-Britain or Ireland, any goods, wares, or merchandize whatsoever, or from any other place, any such goods, wares, and merchandize, as shall have been exported from Great-Britain or Ireland; nor will we. after that day, import any East- India tea from any part of the world: nor any molasses, syrups, paneles, coffee, or pimento, from the British plantations or Dominica; nor wines from Madeira, or the Western Islands; nor foreign indigo.


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Second, We will neither import or purchase, any slave imported after the first day of December next ; after which time, we will wholly discon- tinue the slave trade, and will neither be concerned in it ourselves, nor will we hire our vessels, nor sell our commodities or manufactures to those who are concerned in it.


Third, As a non-consumption agreement. strictly adhered to, will be an effectual security for the observation of the non-importation, we as above, solemnly agree and associate, that from this day, we will not pur- chase or use any tea, imported on account of the East. India company or any on which a duty hath been or shall be paid ; and from and after the first day of March next, we will not purchase or use any East-India tea whatever ; nor will we, nor shall any person for or nnder ns, purchase or use any of those goods, wares, or merchandize, we have agreed not to import, which we shall know or have cause to suspect. were imported after the first day of December, except such as come under the rules and directions of the tenth article hereafter mentioned.


Fourth, The earnest desire we have not to injure our fellow- subjects in Great-Britain, Ireland, or the West-Indies, induces us to suspend a non-exportation, until the tenth day of September, 1775; at which time if the said acts and parts of acts of the British parliament herein- after mentioned are not repealed, we will not directly or indirectly, ex- port any merchandise or commodity whatsoever to Great-Britain. Ireland or the West-Indies, except rice to Europe.


Fifth, Such as are merchants, and use the British and Irish trade. will give orders, as soon as possible, to their factors, agents, and correspon- dents in Great-Britain and Ireland, not to ship any goods to them, on any pretence whatsoever, as they cannot be received in America, and if any merchant residing in Great-Britain or Ireland, shall directly or in- directly ship any goods, wares or merchandise. for America, in order to break the said non-importation agreement, or in any manner contravene the same, on such unworthy conduct being well attested, it onght to be made public : and on the same being so done, we will not, from thence- forth, have any commercial connection with such merchant.


Sixth, That such as are owners of vessels will give positive orders to their captains or masters, not to receive on board their vessels any goods prohibited by the said non-importation agreement, on pain of immediate dismission from their service.


Seventh, We will use our utmost endeavours to improve the breed of sheep, and increase their number to the greatest extent ; and to that end, we will kill them as seldom as may be. especially those of the most profitable kind ; nor will we export any to the West-Indies or elsewhere, and those of us who are or may become overstocked with, or can con- veniently spare any sheep, will dispose of them to our neighbours, especi- ally to the poorer sort, on moderate terms.


Eight, We will, in our several stations, encourage frugality. «economy, and industry, and promote agriculture, arts and mannfactures of this country, especially that of wool ; and will discountenance and discourage every species of extravagance and dissipation, especially all horse-racing, and all kinds of gaming, cock fighting, exhibitions of shews, plays, and other expensive diversions and entertainments ; and on the death of any relation or friend, none of ns, or any of our families, will go into any fur- ther mourning-dress, than a black crape or ribbon on the arm or hat, for gentlemen, and a black ribbon and necklace for ladies, and we will dis- continue the giving of gloves and scarves at funerals.


Ninth, Such as are venders of goods or merchandize will not take ad- vantage of the searcity of goods, that may be occasioned by this associa- tion, but will sell the same at the rates we have been respectively


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accustomed to do, for twelve months last past .- And if any vender of goods or merchandize shall sell any such goods on higher terms, or shall, in any manner, or by any device whatsoever, violate or depart from this agreement, no person ought, nor will any of us deal with any such per- son, or his or her factor or agent, at any time thereafter, for any com- modity whatever.


Tenth, In case any merchant, trader, or other person, shall import any goods or merchandize, after the first day of December, and before the first day of February next, the same ought forthwith, at the election of the owner, to be either re-shipped or delivered up to the committee of the county or town, wherein they shall be imported, to be stored at the risque of the importer, until the non-importation agreement shall cease, or be sold under the direction of the committee aforesaid ; and in the last-mentioned case, the owner or owners of such goods shall be reim- bursed out of the sales, the first cost and charges, the profit, if any, to be applied towards relieving and employing such poor inhabitants of the town of Boston, as are immediate sufferers by the Boston port-bill ; and a particular account of all goods so returned, stored, or sold, to be in- serted in the public papers ; and if any goods and merchandizes shall be imported after the first day of February, the same ought forthwith to be sent back again, without breaking any of the packages thereof.


Eleventh, That a committee be chosen in every county, city, and town, by those who are qualified to vote for representatives in the legislature, whose business it shall be attentively to observe, of all persons touching this association ; and when it shall be made to appear, to the satisfaction of a majority of any such committee, that any person within the limits of their appointment has violated this association, that such majority do forthwith cause the truth of the case to be published in the gazette, to the end that all such foes to the rights of British-America may be pub- licly known, and universally contemned as the enemies of American lib- erty ; and thenceforth we respectively will break off all dealings with him or her.


Twelfth, That the committee of correspondence, in the respective col- onies, do frequently inspect the entries of their custom-houses, and in- form each other, from time to time, of the true state thereof, and of every other material circumstance that may occur relative to this as- sociation.


Thirteenth, That all manufactures of this country be sold at reason- able prices, so that no undue advantage be taken of a future scarcity of goods.


Fourteenth, And we do further agree and resolve, that we will have no trade, commerce, dealings or intercourse whatsoever, with any colony or province, in North-America, which shall not accede to, or which shall hereafter violate this association, but will hold them as unworthy of the rights of freemen, and as inimical to the liberties of their country.


And we do solemnly bind ourselves, and our constituents, under the ties aforesaid, to adhere to this association, until such parts of the several acts of parliament, passed since the close of the last war, as impose or continue duties on tea, wine, molasses, syrups, paneles, coffee, sugar, pi- mento, indigo, foreign paper, glass, and painters' colours, imported into America. and extend the powers of the admiralty courts beyond their ancient limits, deprive the American subject of trial by jury, authorize the judge's certificate to indemnify the prosecutor from damages, that he might otherwise be liable to, from a trial by his peers, require oppres- sive security from a claimant of ships or goods seized, before he shall be allowed to defend his property, are repealed. And until that part of the act of the 12 G. 3, ch. 24, entitled, " An act for the better securing his


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majesty's dock-yards, magazines, ships, ammunition, aud stores," by which any persons charged with committing any of the offences therein described, in America, may be tried in any shire or county within the realm, is repealed-and until the four acts, passed the last session of par- liament, viz. that for stopping the port and blocking up the harbour of Boston-that for altering the charter and government of the Massachu- setts-Bay - and that which is entitled, " An act for the better administra- tion of justice, &c.,"-and that "For extending the limits of Quebec, &c.," are repealed. And we recommend it to the provincial conventions, and to the committees in the respective colonies, to establish such farther regulations as they may think proper, for carrying into execution this association.


The foregoing association being determined upon by the Congress, was ordered to be subscribed by the several members thereof; and there- upon, we have hereunto set our respective names accordingly.


In Congress, Philadelphia, October 24 [1774.] Signed, PEYTON RANDOLPH, President.


Here follow the signatures of the delegates of each of the twelve states which then composed the confederacy, the delegates of Georgia not having taken their seats in Congress until Sept. 13, 1775.1


MEETINGS IN 1775.


Jan. 30, 1775, warrants signed by John Hazeltine, chairman of the previous county convention, were sent to the several towns in the coun- ty, calling another convention at Westminster on the 7th of February, which was responded to by twelve towns, and the convention met and continued in session three days.


CUMBERLAND COUNTY CONVENTION, FEB. 7-9, 1774.


[From the PINGRY PAPERS, filed " Coppy of the Doings of the Congress-To be Communica- to Springfield."]


At A Meeting of the Delagats of twelve Towns in the County of Cumberland Convend Att Westminster and formd into a body Febuary ye 7th 1775.


1 Journals of Congress. 1774-76. second edition, vol. I. pp. 26-36, and 181. The editor chose to give these most important proceedings of the first continental congress in full, for the reason that, while they became a part of the history of Vermont by the action of the Convention at Westminster, they never have been printed in any history or record of the state, and are now known by only the few persons who have ex- amined the journals of the continental congress. The sentiment of the country in 1774 against the British government was far more unanimous than at the later date, when many had begun to count the cost of rebell- ion; and that sympathy for the persecuted people of Boston, which was manifested in almost every form of personal sacrifice, has never been so generously and spontaneously expressed by the whole country, unless it was in the recent case of the city of Chicago. Vermont was not then in a position to declare the sentiment of her people on the journals of Con- gress, as other states did; but that sentiment was the same that pre- vailed elsewhere, and was declared by the Convention at Westminster at the time.


Appendix A, No. 1. 329


1stly Voted that John Hazelton be the Chareman to the Convention.


2ly that Doct. Paul Spooner be the Clerk.


By put to vote wheather the Convention advise to the Choise of field officers and past in the negative.


fly put to vote the Articul which provides an Apeal from a Justice Court and past in the negative.


Bly this meeting is Ajornd to Mr. Nortons1 at Seven o clock this Eve- ning.


6ly Met According to ajornment.


7ly Ajorna to Deacon Ranneys2 to meet tomorrow morning Eight o clock.


Sly Met Eight o clock According to Jornment.


gly that this Convention Recomend it [to] their Constitutiants to chuse a Man for their Supervisor at the next Anual meeting such as they would chouse if they ware to send him to New york as their Assembly- man; that so the Supervisors may select Two men out of their body, such as they shall think most proper; which they the supervisors of the County are desired to Return to their Constitutients for their Considera- tion and approbation by a Regular vote when Called upon to Chonse As- semblymen in said County.


10% Voted-That Joshua Webb Nathaniel Robertson [Robinson, used both ways,] & Abijah Lovejoy of Westminster; Capt. Minerd of putney, [Samuel Minott, Major Vt. militia in 1784;] Solomon Hervy of fullom, Fulham-Doct. Solomon Harvey of Dummerston;] Nathaniel Frinch "French] of Brattleborough; Wm. Bollock, [Bullock.] Hezekiah Stowell [of] Guilford; Lieut. Parterson of Hinsdall Eleazer Patterson of Hins- dale, now Vernon; ] Edward Haries [Harris ] of Halifax; Charles Phillps [Phelps,] Capt. [Francis] Whitmore of Marlborough; Elijah Olvord [of] Draper, [Elijah Alvord of Wilmington;] Samt. Robertson of New- fain; John Hazelton [Hazeltine,] & Sam1. Fletcher [of] Townshend; Jeams Rogers [of] Kent [now Londonderry; ] Moses Guild [of ] Chester; Moses Wright, & Jonathan Burt [ot ] Rockingham; Simon Stephens Esq: Springfield; Hezekiah Grout & Oliver Rider [of ] Wheathersfield; Ben- jamin Wait [of] Windsor; Paul Spooner [of ] Hertford [now Hartland;] Esq. Burch [of ] Heartford [Jonathan Burk; ] Jacob Haselton [of ] Wood- stock;3 John Whinchester Daviee [of ] phomfret, [John Winchester Dana


1 John Norton's tavern in the tory East Parish, "the Royal inn of the village."-See B. H. Hall's Eastern Vermont, pp. 221, 752.


" Deacon and Captain Ephraim Ranney's tavern was in the whig West Parish -See Eastern Vermont, pp. 148, 445, 752.


3 In the copy made by Judge JAMES H. PHELPS of Townshend, Jacob Hoisington is written instead of Haselton of Woodstock. Joab Hoising- ton was the first settler in Woodstock village, was elected first town- clerk in May 1773, and built mills in that town in 1776 .- Z. Thomp- son's Vermont, Part III, 198. B. H. Hall names " Capt. Joab Hoisington of Windsor" in 1774; but in a list of New York officers, Aug. 15, 1775, gives the name of Capt. Joab Hoisington of Woodstock, who was ap- pointed colonel of a regiment of minute men, Jan. 4, 1776, and Major of Rangers, July 24, 1776 .- See Eastern Vermont, pp. 200, 771, 772. It is most probable that Joab Hoisington of Woodstock was the person intended as one of the above Standing Committee of Correspondence, for the additional reason that Windsor was represented by Benjamin


23


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Appendix A, No. 1.


of Pomfret;] be a Standing Committee of Correspondence to Corres- pond with the Committee of Correspondance for the City of Newyork; and other Committees of Correspondance Elsewhere.1


11th. voted-That Col. John Hazelton be Chareman of the Committee of Correspondance.


12th. voted that Doct. Paul Spooner, Joshua Webb. Abijah Lovejoy, Solomon Hervey. and Capt. Whitmore Serve as Monitors to the Com- mittee of correspondance to transfer All letters & All other Matters that are of Consequence or inteligence to the chareman, Col. Hazelton.


13th. Voted that this meeting be ajornd to thursday the ninth Day Eight. oClock in the morning.


14th. Thursday. Met according to Ajornment.


15th. voted that in order to the better Calling Conventions for the fil- ture, be it Ordered that on the Application of the Committee of three towns to our chareman it be in his power to Call a Meeting of the Com- mittee if he shall think proper, but on Application of five towns by their Committees that then A Meeting shall be Called Emediately.


16th. voted that Col. Hazelton be impowerd to Call the County to- gether, by way of their Delegates, on any important immergence, and he is impowered Accordingly.


17th. Voted-That Charles Phlpes [Phelps] Esq & Doct. Solomon Hervy [Harvey] be a Committee to prepair Extracts from the votes and proceedings of this Congress for publication So far as they Refer to the publick, with some References to the former proceedings of the like Nature.


18th. Voted that Doct. Solomon Heryy Shall in the Absence of the Clerk Make use of the Clerks Name in any matter or thing that shall be thought nesessary Relative to this Convention.


19th. voted that this Convention Return their Sinsear thanks to the Chareman & the Clerk for their Good Services.


20th. that this meeting be ajoirnd without Day, & it was ajoirnd Ac- cordingly. Coppy. Col. JOHN HAZELTON, Chareman.


THE WESTMINSTER MASSACRE.2


The next Convention in eastern Vermont grew out of the so called Westminster massacre, which was improved as a means of turning pub-


Wait. Ebenezer Hoisington represented Windsor in the Dorset Conven- tion of Sept. 25, 1770, the Westminster Conventions of October 30, 1776, andJanuary 15, 1777, and the Windsor Convention of Jane -1, 1777.


1 B. H. Hall gives the names of the gentlemen composing that com- mittee as being the delegates present in the Convention; but it will be seen that the committee represents twenty-one towns, whereas only twelve were represented in the Convention.


2 Ira Allen characterized the killing of WILLIAM FRENCH and DANIEL HOUGHTON as " that odious and never to be forgotten massacre." In " Vermont's Appeal," by Hon. Stephen Row Bradley of Westminster, it was charged as " shedding innocent blood ;" and six years after the affray, citizens of Rockingham, in a petition to the General Assembly, described if as " the shedding the first Blood that was shed in America to support Brittanic Government, at the Horrid and Never to be for Got Massacre


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Appendix A, No. 1.


lic opinion in that section of the state against New York, whose officers, it was charged, were responsible for the shedding of innocent blood at Westminster on the 13th of March, 1775. The facts of the case may therefore fitly find a place here, in advance of the record of the Conven- tion. In the American Archives, fourth series, vol. HI, 1775, columns 214-15, is an account of the affair, which was published in New York city, in Holt's New York Journal, on the 23d of March, 1775. It is the tory account, as is sufficiently evident from the fact that the guilt of the first deliberate attempt to shed blood is charged upon the whigs. It de- clares that, by the sheriff's and court's party, " three guns were fired over the door in hopes the rioters would be intimidated and retire ; but so de- termined were they in the undertaking, that the fire was immediately re- turned from the Court House," &c. It should be remembered that the court house was not in use by the court on the 13th, the 14th being court- day ; and therefore that on the 13th the whigs were simply trespassers. This, with an intention to prevent the session of the court on the next day, was all that could reasonably be charged against them.1 In that view of the matter, it became essential to show that the whigs fired first upon sheriff Patterson and his posse, in order to justify to public opinion the subsequent killing of French and Houghton ; and this point the tory account attempted to make, by alleging that the posse first "fired over the door," when the whigs fired upon them. This important point is not sustained by the official account made on the 14th by the judges and other officers of the court, which puts the firing of the posse first, and does not claim that they " fired over the door." It is flatly contradicted by the account prepared by a committee appointed by the whigs, many of whom were present at the time. This was signed by Doct. REUBEN JONES, who was their clerk, and a reputable man. Speaking for the whigs, who occupied the court-house, they said : " We, in the house, had not any weapons of war among us, and were determined that they [the sheritl and his posse ] should not come in with their weapons of war, except by the force of them." In addition to this, B. HI. HALL has given the testimony of THEOPHILUS CRAWFORD, that " the whigs had not so much as a pistol among them ;" of CALVIN WEBB, that " the lib- erty men had no guns when they first came, but after French was killed, they went home and got them ;" and of SALMON WRIGHT,-a boy of twelve or thirteen at the time, who was present at the funeral of French- " that there were no arms carried by the liberty party, except clubs, which were obtained by the Rockingham Company at my grandfather's [Capt. AZARIAH WRIGHT's] wood-pile. There were no Tories wounded,


Committed at Westminster Corit House on the Night of the 13th of March, 1775." - See Eastern Vermont, p. 750. The affair at Lexington and Concord, Mass., did not occur until the succeeding month of April.


' It was expected this would be effected by petition, without violence. -See the " Relation " by Reuben Jones.


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save those knocked down by the club of PHILLIP SAFFORD." Again, in reference to the tory statements, he said : " they are all fudge ! that there were no weapons carried or used by the liberty men, except the above-mentioned elubs. This is a fixed fact." On the other hand, the offieers of the court say, that the "rioters fought violently with their elubs, and fired some few fire-arms at the Posse, by which Mr. Justice Butterfield received a slight shot in the arm, and another ot the Posse received a slight shot in the head with Pistol Bullets." Depositions of Oliver Church, Joseph Hancock, and John Griffin were to a like effect. These contradictions are reconcilable on the supposition that the persons in the posse received their pistol-wounds, if any, from their own party ; or that their wounds eame from the clubs of the whigs, and particularly from that of Philip Safford, who boldly fought his way ont through the crowd of tories, knocking down eight or ten of them. The affray was in the night ; the whigs and tories at and near the door were at close com- bat ; and in the darkness and confusion, the tories doubtless supposed that some of the shots came from the whigs. It is admitted by the ofli- cers of the court that the sheriff's posse was armed in preparation for an assault, while the whigs deny having any arms until after the assault had been made. It is not unreasonable to infer that the tory witnesses were mistaken in their supposition that the whigs fired upon the posse, though there can be no doubt that they would have done so after French, Hongh- ton, and others had been shot.1


The two accounts of this affair, which are of the highest authority, are " A Relation," drawn by a committee of the whigs, appointed at West- minster on the 15th-the second day after the " massacre;" and " State of the Facts," made by the judges and other officers of the court on the 14th.


A RELATION OF THE PROCEEDINGS OF THE


PEOPLE OF THE COUNTY OF CUMBERLAND, AND PROVINCE OF NEW-YORK.


In June, 1774, there were some letters came to the supervisors of said county, from the committee of correspondence at New-York, signed by their chairman, Mr. Low ; which letters said supervisors, through ignor- ance or intention, kept until September, when they had another meet- ing ; and it is supposed that they intended always to have kept them, and the good people would have remained in ignorance about them until this time, had it not been by aceident that it was whispered abroad, so


1 WILLIAM FRENCH of Brattleboro' died of his wounds before daylight of the 14th ; and DANIEL HOUGHTON of Dummerston survived only nine days. JONATHAN KNIGHT of Dummerston and a Mr. WHITE of Rockingham were wounded severely, but recovered. For a very full ac- count of this atfair, from both official and other sources, see B. H. HALL'S Eastern Vermont, pp. 209-241 and 746-755.


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that Dr. Reuben Jones of Rockingham, and Capt. Azariah Wright of Westminster heard of it, and took proper care to notify those towns. A meeting was called in the two towns aforesaid, and a committee was chosen by each town, to wait on the supervisors, at their meeting in September, to see if there were any papers that should be laid before the several towns in the county ; and they found that there were papers come from the committee of correspondence, that should have been laid before the towns in June. The supervisors made many excuses for their conduct : some plead ignorance, and some one thing, and some another : but the most of them did seem to think, that they could send a return to the committee at New-York, without ever laying them before their con- stituents ; which principle. at this day, so much prevails, that it is the undoing of the people. Men, at this day, are so tainted with the princi- ples of tyranny, that they would fain believe. that as they are chosen by the people to any kind of office, for any particular thing, that they have the sole power of that people by whom they are chosen, and can act in the name of that people in any matter or thing, though it is not in any connection with what they were chosen for. But the committees would not consent to have a return made, until every town in the county had Mr. Low's letters laid before them ; which was done, and a county con- gress was called : return was made, a committee was chosen to see that it was put in print ; but, through interest, or otherwise, it never was pub- lished in any of the papers.




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