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 39
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In a biography of CHARLES PHELPS. in Eastern Vermont, p. 681, Mr. B. H. HALL said that " on one occasion, Mr. Phelps, with a singularity of behavior not easily to be accounted for, was engaged in a scheme to effect the annexation of Vermont to Massachusetts ;" and he quoted a deposition of Phineas Freeman, that in June 1779, Mr. Phelps declared " that he did not act out of good will to the State of New York, but to throw the people of Vermont into confusion ;" "that he would as soon come under the Infernal Prince as under the state of New York." with other assertions expressing utter abhorrence of New York men ; and that " his ultimate design was to procure the territory of Vermont to be annexed to the Bay State." This Mr. HALL treated as an " episode in the history of his [Phelps'] attachment to New York." But the first meeting of the towns in Eastern Vermont which declared hostility to New York. April 11, 1775, appointed Mr. PHELPS one of a committee of three to prepare a remonstrance against the oppressive jurisdiction of that province. This is not inconsistent with his declaration in June 1776 that the people of Cumberland County reserved the right to unite with Massachusetts, and to apply to any tribunal which would permit them to argue that question. As a native of Massachusetts, Mr. Phelps would naturally prefer that state to any other, and the declarations sworn to by Freeman explain many things in Mr. Phelps' course which otherwise appear to be quite erratic.
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and religious may forever remain sacred and Inviolate, we think it Our Indispensable duty to give you the following Instructions, and reposing the Highest Confidence in your Honour & Integrity, do rely Upon it that you will to the Utmost of your power Endeavor to Carry the same into Execution. We Trust the Honourable Congress will be Very far from passing Censure on us for being thus Jealous of our Liberties, Espe- cialy when they Consider that in time past this County has been much imposed upon in haveing Certain Foreigners put into High places of Emolement & Honour in this County, to the Great Grief of Virtues [virtuous] and Honest men.
1t. We instruct you to use your influance to establish a Government in this Colony agreable to this maxim, (viz.,) that all Civil Power (under god) is Originaly in the People, and that you in no instance in your pub- lick Capacity will do any thing to abridge the people of this fundamen- tal right. We furthermore beg leave to say that in Our Opinion the representitives duly Chosen in the several Countys in this Colony, when Conveand at New York, to all intents & purposes have full Power of Legislation, & that it would greatly abridge the People of their rights should the representatives presume to make Choise of a Governor, Lieut. Governor, &c .. To Aet and Transact business independent of the people.
2d. That you use your best influence in Congress to adopt a Code of Laws whereby the Liberty, Property & every thing dear to the Inhabit- ants of this Colony & America in General shall be founded on a perma- nant Basis-a few of which Laws we Humbly beg leave to suggest might be made or enacted. (viz .. ) Laws for Establishing Religion & Lit- riture-that ministers of the gospel might be supported and Schools set up, which must have a Tendency to promote Virtue and Good Man- ners.
3d. We think it would much Conduce to the happyness of this County to have a Court of Justice as soon as may be properly organized, to take Cognizance of all Criminal actions, at the same time we desire that men of Character, integrity, Knowledge and Virtue who belong to Our Own County might sustain the offices in such an Important Department. The Ancient Tryal by Jury we have a great Veneration for; it is a Noble Barrier against Tyrany. In Order that our future Courts may be sup- plyed with Grand Juriors we humbly request that the Honourable Con- gress would adopt the following method for this County, (viz.,) that Each Town thro' the County at their Annual Meetings shall Elect their proportion of men who shall serve as Grand Jurors the Insuing Year, and that their names shall be Properly Returned in the Clerk's Office, in order that the Jury when so Choosen may inform the advocates (who shall prosecute Criminal Actions) of all misdemeanors in the County passing within their Knowledge; the pette jurors in like manner we would be glad might be Choosen Annually, and that their names being enroled may be returned in the Clerk's Office, and when so returned, may be drawn by lot for the service of the insuing year. The Gentle- men of the Law (if they should be thought necessary) we hope may be men of integrity, Learning and Abillity. In a particular manner we de- sire and insist on it that no Freeholder or men of Interest in a Civil Action on the first process shall be apprehended by Capias, but that they may be summond according to Ancient Usage Excepting Under Certain Circumstances when there is not a sufficiency of Estate to answer Debt and Cost: that Constables as well as sherrifs might have power to serve all processes ; that all Deeds may be recorded by the Town Clerk in Each town; that Attorneys fees and all Other Exhorbitant fees might be lowerd and reduced to the Standard of Justice. Lastly, we beg leave to suggest that in Our Opinion a frequent Change of Magistrates Tend
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to prevent Corruption and keep up that Equallity of Mankind in which by nature we are all formed: therefore we humbly request we may be Indulged in this particular: we desire that Each Town in this County might nominate their Own Justices, and that they might not be ap- pointed without such Nomination. That Justice, Religion & Virtue may prevail in this Colony, & that Pease & Tranquillity may be restored thro America is the sincear desire of the Committee of Safety for Cum- berland County.
P. S. We desire that a Court of Probate might be Established in this County.
Sign' by order of the Committee of Safety For Cumberland County.
JAMES CLAY, Chairman, &c.
Westminster 20th of June, 1776.
[To] Colo. Marsh, Simon Sterens. Esq., and Deacon Sessions.'
13th. Voted to Choose a Committee & accordingly Choose Esq. Ste- vens, Esq. Brigman, Mr. Alvord. to Take under Consideration a Com- plaint Exhibited by the Widow Lovell of rockingham against One Sal- ford, reported if sd Complaint be supported, it is worthy of notice & to be herd Next setting of the Committee.
14th. this vote reconsidered. the Committee for considering the Com- plaint of Majr. Lovejoy against Atherton Chaffee Reported that Ather- ton Chaffee give Bonds to the Chairman of the County Committee for his future good Behayour in regard to sd Lovejoy; & that he do not mc- Jest him in Possessing the Lot of Land Leased to [Lovejoy] by Order of sd Committee Or Otherwise be Committed to Goal till further orders of this Committee.
15th. Voted to Here the Widow Lovels Complaint the 2d day of the Next seting.
16th. Adjorned to 6 O Clock in the Morning.
JUNE 22d.
6 O Clock in the Morning met According to Adjornment.
17th. Voted that we recommend to the Commanding officers of Each Regement in this County do meet one of Each of the Sub:Committees in the several Towns in the County at the respective Times & places following, namely, the Commanding [other] of the Lower Regement & one Sub:Committee man of Each Town in the same regement do meet at Capt. Sergants in Brattleborough on thisday the 27th Inst: at one oClock In the afternoon, then & there to appoint one Capt., Two Lients., of such men as they shall think most suitable to go into the service of their Cuntry, & Let them se if they Can Inlist a Company of men to go to Canady-and the Commanden Officer of the Upper regiment, together with one Sub:Committeeman from Each Town in the same regement. do meet at Windsor. at the Townhouse, On thisday the 26th day of this Inst. June, at one oClock in the afternoon, there to appoint One Capt. Two Lieuts., of such men as they shall think best for their Cuntrys ser- vice, & Let them se if they can Inlist a Company of men to go to Can- ady; & those Officers so appointed Make return to the Chairman of the County Committee, of the Number they Inlist, at or Before the 16th day of July next.
1 " Both of these productions "-the letter drawn by Charles Phelps, and the instructions-" neither of them especially remarkable for beauty of expression or grammatical accuracy, were of great weight in regula- ting the future conduct of the Provincial Congress with respect to Cum- berland and Gloucester counties."-B. H. HALL's Eastern Vermont, p. 262.
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Appendix A, No. 1.
18th. Voted a Committee be appointed to Rite an answer to a letter Received. from Mr. Tinbrook, [probably Col. Abraham Ten Broeck. ] Choose Mr. Isreal Smith, Ebenr. Horsington & Capt. Sergeants a Com- mittee aforesa.
19th. Delebirated On a Petition Exhibited by Dotr. [Reuben] Jones & Others requesting a reconfinement of sundry persons Under Bonds by the March Court afair.1 Passed in the negative as to Confining sd per- sons at presont, But that sd Petition be referd to the Provinsial Con- gress for their advise on the Expediancy of recommitting sd persons.
20th. The Committee for Considering Colo. Wellss Letter reported as their Opinion that a Committee be Chosen to Examine Colo. Wells in regard to a Complaint that has ben Exhibited against him & to make report to this Committee at their next Convention.
21t. Voted that the Chairman of the Committee shall Make Out a Certificate & sign the same that Colo. Joseph Marsh, Deacon Sessions & Simon Stevens, Esq .. were Duly Choosen as Delegates to sit in Provin- cial Congress for this County.
22d. Voted to Chuse a Committee & accordingly Choose Capt. Clay, Mr. Isreal Smith, Mr. Ebenr. Horsington, Mr. John Strong, Mr. Burlin- game. Mr. John Norton & Maj. Tylor. to Join the Colos. of this County to Carry Into Execution the Resolves of Congress respecting raising forces. &c. (if necessary.)
23d. Voted that Nather. Bennet be let Out of Prison at Present, his Procuring 2 Good Surerities for his appearing at Our next siting & abid- ing the Judgment of the Comittee, and Likewise for his Behaveing Orderly & well towards all Persons till sd time; But on his ye sd Ben- nets Ill Behavour his Bondsmen are to Committ him forthwith, or in Case of Greater danger of ye womans life by ye Illness Broght on her as has been proved.
24d.2 Voted to adjorn, & accordingly adjornd to the first Tuesday of Novemr, Nine O'Clock in the Morn: Or to meet sooner if Calld For at this Place.
ADJOURNED MEETING AT WESTMINSTER. JULY 23-26, 1776.
[From the Pingry Papers.]
COUNTY HOUSE, Westminster, 23d of July, 1776.
At a Special Meeting of the Members of the Committee of Safety for this County-Members Present:
Hinsdale-Arad Hunt.
Brattlebo :- Isreal Smith.
Gilford-Esq. Nichols. Halifax- Marlboro :- -
N. Fain-Luke Knolton, Esq. Townsend-
Springfield-Jerathmel Powers.ª
Windsor-Ebenr. Horsington.
Hartford-Thos. Hazen.
Pomefret-
Wethersfield-
Woodstock-
Draper-Mr. Olverd. [Alvord. ]
S Elkanah Day,
Westminstr :- John Norton.
Rockingham- Ebenr. Fuller. Chester-John Chandler. Kent-Capt. Edward Aikin.
Fullom- ( Lieut. Spaldwin,
¿ Joseph Hildreth. S James Clay, Putney- Lucas Wilson.
Hertford-Jonathan Burk.
1 The " Westminster Massacre " of March 13, 1775.
2 First written 22d and altered to 24.
3 Hon. JAMES H. PHELPS is of opinion that Mr. Powers wrote the given name " Jerathniel."
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Appendix A, No. 1.
The Members of Fourteen [fifteen] Towns Being Present, Formed into a body, then Proceeded On Business.
1t. Voted that the Prisoners Now Confined at the County-house, if found guilty of the Crime or Crimes for which they are Confined, are to be Treeted and Delt with as Enimies to ye Cause & Liberties of the States of America.
2dly. Voted that a suitable gard be set Over the Powder Now Depos- ited in the Jail room in the County-house.
3dły. Choose Eben' Horsington, Isreal Smith, John Norton. a Commit- tee to Receive the Return of the Millitia & Alarm men in Order for the Distributing the Powder receivd for this County. & Likewise to Report the Number of Effective men in the several Towns to proportion the powder.
4thly. Voted, to send a Sitation to Colo. Thos. Chandler. Requesting him to appear the 24th of this Instant, and Bring all papers that will give any light Conserning the Excise or Licence money.
5th. Voted, that by Consent of Both parties continued Targats [Tag- gart's] & Bennets affair to the First Tuesday of November Next.
6tidy. Voted, that in Consequence of a Complaint Exhibited by John Chandler Esq., against John Grout of Chester, sent a recommendation to the Sub-Committee of sd Chester. to call said Grout to an account Touching sd Complaint & to make Report to this Body.
7th. Adjornd to six OClock tomorrow Morning.
JULY 24th.
Six OClock met according to adjornment & Proceeded.
& Sthly. Voted to Reconsider the sd Resolve respecting the guard Over the Powder & Resolved that a guard of 1 Sergant & 4 private be Keept by night & a Sergant and 2 privatt by day, to guard as reccomended as above.
9thly. Voted, that Landd. [landlord] Nichols provide sd Guard with Necessary Victleing & half a pint of rum to Each man once in 24 hours.
Likewise Voted. their Wages of sd guard be 3 shillings pr. day & 2 shillings pr. Night.
10thly. Voted, to Take under Consideration the Complaint of Abigail Fuller of Rockingham, against Gardner Simonds of'sd Rockingham viz., the Complaint of Abigail Fuller of Rockingham, in the County of Cum- berland & province of New York, single woman, against Gardner Simonds of s' Rockingham yeoman shueth that the sd Gardner Simonds had Car- nal Knowledge of your Complainants Body on or [near] the middle of February last several times, & has & Did there & then get yr complain- ant With Child with a Bastard Child, & that he the sd Gardner is the on- ly father of sd Bastard Child these are therefore to Desire yon to Cause ye sd Gardner Simons to Come before you that he may find surities for the maintenance of sd Bastard Child.
Signd. ABIGAIL FULLER.
the sd Parties Being present & the sd Abigail Fuller, the above Com- plainant, after Being suitably Interegated by the sd Gardner Simons & Cautioned by this Body made solomn Oath that the above sd Garduer Simons is Absolutely the father of a Bastard Child. which she is now pregnant with,
Therefore Resolved that the sd Gardner Simons. Give Bonds of Fifty Pounds and Find two sufficient surities of Twenty-five pounds Each to answer at a Future Tryal the Complaint of the sº Abigail Fuller as above Recorded or be Committed to Prison,-the above surities to be Holden and answer in Nine months.
10thly. Voted to Chuse a Committee & accordingly Choose Esq. Nichols, Esq. Konlten & Esq. Bridgman to Draft something as Instructions to a Com-
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Appendix A, No. 1.
mittee Choose the 12th Day of June last past to Examine Publick Accts give Orders &c ..
11th. Adjornd to 2 oClock Afternoon.
2 OClock afternoon met according to adjornment and proceeded to Buisiness.
12th. Voted to Superceed the Order past yesterday recommending to the Sub-Committee of Chester, to Call Mr. John Grout Touching a com- plaint Exhibited by John Chandler Esgr. also resolved that the Order tor seizing sd Grouts papers be Null & Void & that no seizure of st papers be made.
13th Resolved that Mr. John Grout answer to the Complaint Exhibit- ed by John Chandler Esq. as above mentiond at the Next Setting of the Committee Viz., the first Tuesday of November Next & that the Complainant serve Mr. Grout with a Bill of Particulars within fifteen Days after notice of this Order.
14th. the Committee Choose to assertain the Number of Effective men in this County. in Order to Distribute the Powder. Reported that the proportion of powder for the South Regement is Eleven Hundred & Ninety. Weight, & to the Upper Regement the proportion is Six Hun- dred & Ten pounds.
15th. Proceeded to the Tryal of Phinehas Farbank, being sent to the Goal at Westminster for Counterfeiting, or altering some Bill or Bills Emited by the Colonies, by the Committee of Safety of Brattleborough ; & after hereing the Evidence under Oath, Delibirated on the matter, [and] found sd Fairbank not Guilty of sd crime.
16th. Adjornd to 6 O Clock tomorrow Morning.
JULY 25th.
6 o clock. met according to adjornment.
17th. the Committee Choosen to Draft Something as Instructions to a Committee Choosen ye 12th of June last, to Examine Publick Accts, &c., Reported as their Opinion that all Persons Employd by the County Com- mittee be paid by the County, & no Other, & in perticular the Chairman Ought to be allowed for his Extreordinary Expenses in Calling the County Committee on Extreordinary Occasions together, or any other Extreor- dinary service, and likewise all Sub: Committees, or any Other persons that are Appointed by the County Committee to Do Business for the County-the Same passed into a Vote.
JULY 24th.
Then Personally appeared before this Committee Gardiner Simons as Principal, and acknowledged himself to be indebted to this County Com- mittee in the Sum of fifty Pounds-and Colburn Preston and William Sterns, as Sureties, in the Sum of twenty-five pounds each in Manner following (viz.) :- the Condition of the above Obligation is Such that if the abovesd Gardiner Simons shall be ready to answer a Complaint ex- hibited Against him by Abigail Fuller for being the father of a Bastard Child, by which she (on Oath) has declared he is the father. &c., at the Expiration of Nine Months from the Date hereof-then this Obligation is void, otherwise of force.
Test,
JAMES CLAY, Chairman.
25th of July Took under Consideration the Case & Complaint of the Widdow Hannah Lovell against Lieut. Philip Safford. Both of Rocking- ham, Whereby the sd Widdow Lovell Complains against the sd Safford, for Unjustly and by Force Taken Possession of a lot of land being the property of & in the peasable possession of her the sd Widdow.
Voted that the above sd Phillip Safford be removed from the lot which he the sª Safford has by force & arms Taken possession of from the sd
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Appendix A, No. 1.
Widow Hannah Lovell and that the sd Hannah be put Immediately into Possession of sd Lot of Land.
18th. that Lient. Spaldwin make suitable Confession to this Committee for his Conduct in Taking Colo. Wells by Millitary force, that mode of proceeding Being Contrary to the minds of this Committee and also a Violation of one Certain Resolve formerly passed by this Committee. Mr. Spaldwin Complyd with the above Vote by his making proper Con- fessions &c.1
19th. Adjornd to 2 OClock afternoon.
2 O'Clock afternoon met according to adjornment.
20th. Voted that Colo. Samel Wells Come before this Body & Be Ex- amined Touching a Complaint Exhibited to the County Committee against him the sd Wells.
214. Voted, that the Case of Benjamin Gorton be Referd Up to the first Tuesday of Novmr Next. Finding 2 good Surities of fifty pound Each together with giveing his own Bond for one hundred pounds for his apereance at that time.
224. Voted, to Chuse a Committee & according Choose John Bridgman Esq. Mr. Olverd & Mr Arad Hun: to Wait on Colo. Wells & inquire in- to & se What County Monies may be in his hands & Report to this Com- mittee.
23d. Voted, that Colo. Wells be Directed to settle with Capt. Benjamin Burt, former County Treasurer. as soon as may be.
24th. Voted. that the Powder Which is sent to this County by the Pro- vincial Congress of New- York, be delt Out to the several Towns Commit- tees according To the Number of the Inhabitants in the several Towns, and that the persons Receiving the same give a Receipt to the Chairman of the County Committee for the Quantity they receive, & that the same be kept as a Town Stock, not to be Delt ont without some Extreordinary Occation : & if it is Delt Out, & not Used. that Every man return the same to the Town Stock again.
JULY 25th.
25th. Proceeded to the Tryal of Edward Smith, being Committed to Goal for Counterfiting sertain Bill or Bills of Credit Emitted by the Col- onies, & after hearing the Evidences, they being duely sworne, & De- liberating on the Case, do agree & Resolve that sd Smith by name, together with the Circumstances of the Case, be put into the public Ga- zatte, signd by ye Chairman, & that he, sd Edward Smith, pay the Costs & Charge before he depart from the Goal. Bill of Cost Filed amounting to €10 4, & Paid up. Adjornd to tomorrow Morning, 6 O Clock.
1 To this vote B. H. HALL added the following:
In the New York Gazette of June 23d 1777. it is stated that "Judge Wells of Brattleborough had been lately confined to his farm and other- wise ill-treated." and it is known that, for a long time, permission was granted to any one to shoot him should he be found beyond the bounds of his acres.
Although this was published a year at least after Spalding arrested Col. Wells, it is broad enough in its terms to cover that event. Wells was an avowed Royalist and a member of the Colonial Assembly of New York from Jan. 1773 to the end of that body, April 3 1775. His family was rewarded by the British government for his services. - See Eastern Vermont, pp. 718-725. Spalding was a sturdy Whig, once arrested for treason to British authority, and an early friend of Vermont's Indepen- dence .- See Eastern Vermont, p. 262, and Vt. Historical Collections, vol. I.
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Appendix A. No. 1.
JULY 26th.
Six O Clock in the morning. met according to adjornment.
26th. Voted, that in Consequence of Divors Complaints of John Grout, it is Recommended that if the sd Grout shall be accused Between this time and the next setting of this Committee. that he be not brought be- fore or Tryed by the Committees of Rockingham or Chester. or Either of them. But Before the sub:committee of some Other Neighbouring Town.
27th. Resolved. that any person knowing of any Criminal Correspon- dence keept up between any person or persons in this County and the King's Officers in the army at Canady. on giveing notice thereof, shall Receive the Utmost Protection from this Committee.
28th. Voted to Hear Mr. John Grouts Complaint against Thos. Chan- dler Jur. Esq., & Directed him the s' Chandler to appear Before this Committee the first Tuesday of Novemr. Next & Strictly Injoyned him to be of the good Behayour towards the sd Grout & his family in the mean Time.1
MEETING OF THE COMMITTEES OF CUMBERLAND AND GLOUCESTER COUNTIES AT WINDSOR, AUGUST 6, 1776.
[From the Pingry Papers.]
AUGUST 6th. 1776.
The Committee of the County of Cumberland In Conjunction with the Committee for the County of Glouster, meet at Windsor Town- house in Order to appoint Officers, such as Capts. Lieuts. &e .. for a Ranging Department granted by the Provincial Congress at N : York, viz: 252 Out of the Counties of Cumberland & Glouster, to the Com- mand of Which they have Appointed & Commissiond Mr. Joab Hosing- ton [Hoisington] Major.
Following Members Being Present. Formed into a body & Proceeded to Buisness:
Capt. James Clay, Isreal Burlingame. Mr. Tylden.2
Elkanah Day. Capt. Curtis, Lient. Strong,
Ebenr. Fuller. Ebenr. Hosington. Benja. Emmons.
Jona. Burk. Mr. Upham, Colo. Kent,8
Lieut. Powers.
Choose Capt. Clay, Chirman. and Dr. Elkanah Day. Clerk. 1t. Agreed to appoint 3 Capts. and 4 Lients. in the County of Cum- berland, and one Capt. & 4 Lieuts. in the County of Glouster.
1 Judge PINGRY suggests that four pages [a sheet] or more following this entry are lost. The fact that no adjournment to a future day is en- tered. if unexplained, would countenance this supposition: but the meeting of July 23- 6. 1776, was a special one, as was also that of Au- gust 6th. and neither adjourned to a future time. The meeting of June 21-22 adjourned to the first Tuesday of November, when the Committee met pursuant to that adjournment. The editor believes for that reason that no part of the record has been lost, and for still another, to wit : the records of July 23-26, and of August 6, and the beginning of the record of Nov. 5-8. are upon one and the same sheet.
2 Stephen Tilden of Hartford.
3 Col. Jacob Kent of Newbury.
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Appendix A, No. 1.
2d. Proceeded to Chuse the Officers for Cumberland County. 1st. Ap- pointed Benjamin Wait of Windsor ve It. Capt. in the above Depart- ment. Elisha Hawley 11. & Zebelon Lyon [ 2d ] his Lieuts. [All com. missioned by New York.]
3dly. Appointed Majr. Joel Marsh, Capt. in sd Department. [Not com- missioned, and probably declined .- See 5thly. 7
Aly. Appointed Capt. Samt. Fletcher [ ot ] Townsend a Capt., Benj. Whitney [of] Westminster. It. Lieut. [Abner Seelve commissioned in- stead of Mr. Fletcher; Whitney was commissioned. ]
5tbly. Voted to Chuse a Committee, & accordingly Choose Thomas Hazen, Stephen Tylden, Lieut. Strong, J. Winchester Deny [Dana.] to Join the Committee of Glouster County to appoint their proportion of Officers for the above Arangement, Viz. 1 Capt. & 4 Lieuts .. & to meet at Abner Chamberlains in Thetford Next Tuesday at 10 OClock Be- forenoon & to appoint a Capt. In sted of Majr. Marsh in Case he refuse -also appointed Colo. Kent to mannage sd meeting & make proper return to New York, signd by the Charman.
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