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 4
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Shafts- S Major Jeremiah Clark.
bury, Mr. John Burnham.
Sunder- { Lieut. Joseph Bradley. land, Col. Timothy Brownson.
Rupert, Mr. Amos Curtis. Pollet, Capt. Wm. Fitch, Major Roger Rose. Bridport, Mr. Samuel Benton. Addison, David Vallance.
tinental Congress. The particular sentiment prevailing at this time was favorable to a peaceable revolt, if a revolt should be declared necessary to the well-being of the people .- Eastern Vermont, pp. 268, 269, 276.
27
Adjourned Session at Dorset, Sept. 25, 1776.
Stamford, Thomas Morgan.
Williston, Colº Thomas Chittenden. Colchester, Lieut. Ira Allen.
Middle- Mr. Gamaliel Painter.
bury,
Burling- ton, Mr. Lemuel Bradley.
Nesho- Capt. Timothy Barker,
bee, [or
Branď'n] Mr. Thomas Tuttle.
Rutland, Capt. Joseph Bowker, Colº James Mead.
? Zacheus Mallery.
Poult- ( Mr. Nehemiah How, ney, Mr. Wm. Ward.
jord,
Castleton, Capt. Joseph Woodward.
MEMBERS FROM EAST SIDE OF GREEN MOUNTAINS.
Marl- 1 Capt. Francis Whitmore.
borough. S
merston, Lieut. Leonard Spaulding
Guil- ( Col. Benjamin Carpenter,
ford. Major John Shepardson.
West- Mr. Joshua Webb. minster, ¿ Nath1 Robinson, Esq.
Windsor, Mr. Ebenezer Hoisington.
Kent.
[or London-
Edward Aiken,
Colº James Rogers.1
derry.]
Draper,]
Rock- ingham,
Doct. Reuben Jones.
Tin- ( Capt. Ebenezer Allen,
mouth, Major Thomas Rice.
Danby, ( Capt. Micah Veal. [Vail,] Mr. William Gage.
Panton,
John Gale.
Bromley [or Capt. Wm. Utley.
Peru.] 1
Colº Seth Warner, Present.
Capt. Heman Allen, do.
Wells, ( Ogden Mallery,
Walling- Mr. Abraham Ives.
Dum- S Mr. Joseph Hildreth.
Halifax, Col. Benjamin Carpenter. Wil- mington, [or By a letter from s'd town.
Cumber- ? land, By a Letter.
1 James Rogers came from Londonderry, N. H., to Vermont. About 1770, with S. Thompson and James Patterson, he commenced the settle- ment of Londonderry, Vt .. which had been granted by New York to Rogers, Feb. 13, 1770, under the name of " Kent." He was commis- sioned by New York as assistant justice of inferior court of common pleas and as justice of the peace in 1766, and again in 1772. In 1775 he was counted a Whig, and at a Convention of twelve towns in Cumber- land county, held Feb. 7, of that year, was appointed one of a commit- tee of correspondence for twenty-one towns. On the 31st of May, 1775, New York tendered to him a commission as brigadier-general of the militia of Cumberland, Gloucester, and Charlotte counties, which he refused "upon political principles." The Committee of Safety of Cun- mberland county nominated him for the same office in the same year, doubtless without accurate information as to his politics. In Sept. 1776 he was a delegate in the Dorset Convention, and seems to have voted in favor of separating from New York. Afterward, probably on Bur- goyne's invasion, Rogers joined "the king's troops," and Oct. 3, 1777, the Council of Safety assumed the control of his property, which was con- fiscated in 1778. In 1795 and 1797 James Rogers, Jr., petitioned the
28
General Conventions.
The foregoing members being organized proceeded to business.
1st. Voted, That the records and proceedings of this Convention held at this place, from the 16th of January, 1776 to this time, be read to give light to those Gentlemen Delegates from the East side of the Green Mountains in particular and the whole in general.
2d. Voted, That the words " That has been heretofore subscribed and returned or that " included in a vote at the last sitting of this Conven- tion be erased, which is accordingly done.1
3d. Voted, To adjourn till 8 o'clock to-morrow morning at this place.
THURSDAY, S o'clock in the Morning.
Meeting opened at time and place.
4th. Voted, To make a general list of the names of those of the in- habitants of the several Towns on the N. Hampshire Grants who have signed the General Association, voted by the last Convention to be signed.
5th. Voted, That no member of this Convention be permitted to speak more than three times to one case ( at one sitting ) without leave of the Board.
6th. Voted, That the Association originally signed be returned to the Clerk of this Convention at their next sitting.
7th. Voted, To take the following vote passed in July 24th, 1776, into consideration ( viz.) " Proceeded to the consideration of the fifth article of the Warrant, and voted that suitable application be made to form that District of Land, commonly called and known by the name of the New- Hampshire Grants, into a separate District;" passed in the affirmative- not one dissenting vote.
8th. Voted, That Col Wm. Marsh, Dr. Jonas Fay, Doct. Reuben Jones. Capt. Ira Allen. Colo Thomas Chittenden, Colo Benjamin Car- penter and Colo James Rogers be a Committee to form a plan for fu- ture proceedings and report to this Convention as soon as may be.
9th. Voted, To adjourn this meeting till half past 1 o'clock in the afternoon, at this place.
Meeting opened at time and place.
REPORT ( AS OPINION ) OF A SUB-COMMITTEE.
A Covenant or Compact ought to be entered into by the Members of this Convention for themselves and their Constituents, to be governed and regulated by such rules as may be agreed on by the majority, ( viz.):
To regulate the Militia; To furnish troops according to our ability, for the defence of the Liberties of the United States of America.
To return the numbers of the inhabitants on this District to the Con- tinental Congress, and at all times to be governed by their Councils.
General Assembly for a restoration of the property of his father, and all that had not then been sold was restored to him .- Thompson's Ver- mont, part III, p. 103: Eastern Vermont, pp. 206, 244, 250, 764, 765, 770.
1 This probably refers to the resolution of Jan. 17, recommending the inhabitants in the New Hampshire Grants to sign the " Association " or pledge to defend the United American States, which had been signed by members of the Convention. The amendment, made by the above vote, seems to have been made in the record of the original resolution.
29
Adjourned Session at Dorset, Sept. 25, 1776.
A number of men to be elected to wait on the Honble Continental Congress with such Petitions as shall be agreed on by this Convention.
To make snitable provisions that the whole of the inhabitants on Sd N. Hampshire Grants on each side of the Green Mountains be notified and have proper opportunity to join and coincide with the measures taken and to be hereafter taken for the benefit of forming Sd district into a separate State.
As the troublesome and aged conflict existing between the State of New York and that District of Land commonly called and known by the name of the New-Hampshire Grants relative to the title of lands on Sd district has not yet subsided,
We do therefore vote that any Law, or Laws, Direction or Directions we may (for the time being) receive from Sd State of N. York will not in future be accepted neither shall we hold ourselves bound by them.
Some measures to be entered into for the better securing the Tories in Sd District.
That the Militia officers on each side the Mountains continue in their stations and after exeenting the orders to them heretofore received from the State of New York, to be under the direction of this Convention.
The foregoing propositions are humbly submitted to the Members of the General Convention now assembled at Dorset.
pr. BENJ'A CARPENTER, Chairman Committee.
10)th. Voted, To accept the above report of the Sub Committee.1
11th. Voted, To adjourn this meeting until half past one o'clock in the afternoon at this place.
THURSDAY, Half after 1 o'clock in the afternoon.
Meeting opened.
12th. Voted, That a Covenant or Compact be made and subscribed by the Members of this Convention for themselves and Constituents for the security of their Common Liberties and Properties in conjunction with the Free and Independent States of America.
13th. Voted, That Doct. Jonas Fay, Col' Moses Robinson, Colº Wm. Marsh, Mr. Ebenezer Hoisington, Doct. Reuben Jones, Col" Thomas Chittenden, and Doct. Obadiah Dunham be and are a Committee to form the said Covenant or Compact and report to the Convention as soon as may be.
14th. Voted, To adjourn this meeting until 8 o'clock to morrow morning.
FRIDAY, 27th September, 1776.
Opened the meeting at time and place.
15th .- THE COVENANT OR COMPACT.
At a General Convention consisting of fifty-six Delegates on the New- Hampshire Grants, on the east and west side of the range of Green Mountains, representing thirty-six towns on said Grants, held at Dorset the 25th day of September, 1776, by adjournment.
Whereas, this Convention have for a series of years had under their particular considerations the disingenuous conduet of the former Colony (now the State of) New-York toward the inhabitants of that District of
1 This deserves the title of the first constitution of Vermont, and the compliment of being the briefest ever adopted for so large a community.
30
General Conventions.
Land commonly called and known by the name of the New-Hampshire Grants, and the several illegal, unjustifiable and unreasonable measures they have taken to deprive, by fraud, violence and oppression, those in- habitants of their property, and in particular their Landed interest; and as this Convention has reason to expect a continuance of the same kind of disingenuity, unless some measures effectually be taken to form the Sd District into a separate and distinct one from New York ; and whereas it at present appears to this Convention that, for the fore- going reasons, together with the distance of road which lies between this District and New York, it will be very inconvenient for those inhabitants to associate or connect with them, for the time being, direct- ly or indirectly :
Therefore, this Convention being fully convinced that it is necessary that every individual in the United States of America should exert them- selves to their utmost abilities in the defence of the liberties thereof, and that this Convention may the better satisfy the Public of their punctual attachment to the Sd common cause, at present as well as heretofore, we do make and subscribe the following Covenant, viz :
We the subscribers inhabitants of that district of Lands commonly called and known by the name of the New-Hampshire Grants, being legally delegated and anthorized to transact the public and political at- fairs of the aforesaid District of Lands, for ourselves and Constituents, do solemnly covenant and engage that, for the time being, we will striet- ly and religiously adhere to the several resolves of this or a future Conven- tion Constituted on Sd district by the free voice of the Friends to Ameri- can Liberties, that shall not be repugnant to the resolves of the honble Continental Congress relative to the General Cause of America.
16th. Voted, That Colo Jacob Bailey, Capt. Abner Seeley, and Colo Jacob Kent.1 be a Joint Committee to exhibit the proceedings of this meeting to the inhabitants of the County of Gloucester, and request them to sign the Association left with them, at their County Convention held
' This is the first notice of these gentlemen in connection with the new state. Gen. Bayley and Col. Kent were both of Newbury, and among its first officers. Both were officers under New York: Col. Kent as justice of the peace, assistant judge of inferior court of common pleas, and commissioner to take charge of the property of persons who had joined the enemy-the last appointment dated May 2, 1777. Col. Kent was the first representative of Newbury in the Vermont legisla- ture, March 12, 1778. Gen. Bayley was a commissioner to administer oaths of office, judge of inferior court of common pleas, and justice of the peace ; he was elected deputy for the session of the N. Y. Provincial Congress which commenced May 23, 1775, but did not take his seat ; and appointed brigadier general of the militia of Cumberland and Glouces- ter counties, Aug. 1, 1776. He continued nominally under the jurisdic- tion of New York until June 14, 1777, when he addressed a letter to the New York Council of Safety, of which the following is an extract :
GENTLEMEN : I acknowledge the receipt of an ordinance from you for the election of governor, lieutenant governor and senators and rep- resentatives for the state of New York, by the hand of Mr. Wallace. The sheriff and committee [ of safety ] gave the proper orders, but I am apt to think our people will not choose any members to sit in the state
31:
Adjourned Session at Dorset, Sept. 25, 1776.
at Thetford the 13th day of August ultimo, and return the same by their delegate or Delegates chosen or to be chosen hereafter, to meet and join this Convention at their next sitting.1
17th. Voted, That it be and is hereby recommended to the several Chairmen of the several Committees of the several Towns on the west side of the Green Mountains on the N. Hampshire Grants, faithfully to see to it that the Association made at the last sitting of this Convention be forthwith signed by every individual male inhabitant of each Town, from 16 years old and upwards, and that for the future each person sub- scribe his own name or mark ; and that the Association thus signed be returned to Doct r Jonas Fay, Clerk of this Convention, before the next sitting of this Convention ; and if any refuse to sign the Association, to take their names and reasons why they will not subscribe to it.
18th. Voted, to adjourn this meeting one hour at this place.
FRIDAY, 2 o'clock.
The Meeting opened at time and place.
19th. Voted, That Colo Wm. Marsh and Capt. Ira Allen be a Commit- tee to go into Cumberland and Gloucester Counties, to carry the pro- ceedings of this Convention, and to assist in getting the Association (formd by this Convention) signed and collected [returned] to the Clerk of this Convention.
20th. Voted. That Doctr Jonas Fay, Doct. Reuben Jones and Colo Wm. Marsh be a Committee to draw a Remonstrance or Petition to send to the Continental Congress, and Report to this Convention as soon as may be.
of New York. The people before they saw the constitution, were not willing to trouble themselves about a separation from the state of New York, but now almost to a man they are violent for it. * * * *
I am, gentlemen, etc., JACOB BAYLEY. To the Council of Safety, Kingston.
July 8, 1777, Gen. Bayley was appointed a member of the Vermont Council of Safety, and in March, 1778, he was elected Councillor. In September, 1777, the General was at Castleton on military service, and affixed to his name the initials of his title, " B. D. G.," which stands, it is presumed, for Brigadier General. If so, he continued very wisely to execute his duties as a New York officer, although he had been assigned to fill another important station for Vermont .- See Eastern Vermont, pp. 768-770 ; Early History, p. 249 ; Vt. Hist. Mag., Vol. II., p. 936.
Abner Seeley was commissioned by New York as Captain in Maj. Hoisington's battalion of Rangers, Oct. 23, 1776, and he resigned Dec. 22 following. Feb. 10, 1778, the Vermont Council of Safety appointed him Captain in Col. Samuel Herrick's regiment, which was intended for an expedition to Canada under Gen. Lafayette .- See Eastern Vermont, p. 772 ; Proceedings of Cumberland and Gloucester Committees of Safety, Aug. 6, 1776 : and of Vermont Council of Safety, Feb. 10 and 17, 1778.
1 The purpose of the Convention at Thetford was to nominate the Gloucester quota of officers for the battalion of two hundred and fifty Rangers, authorized by New York, to be commanded by Maj. Joab Hois- ington. Probably members of the Committee of the Dorset Convention were present on their business.
32
General Conventions.
REPORT OF THE ABOVE SUB-COMMITTEE.
The grounds of this Petition and Remonstrance, to be exhibited to the Grand Council of America, by the Convention, to contain the following, viz :
The several measures taken by the Colony or State of New York here- tofore to monopolize the Landed interest of the inhabitants on the Grants to themselves : Circumstances in particular of the conduct of N. York on each side the Mountains to be particularly considered.
Distance from the Metropolis of any State, &c.
Persons to be appointed for making the Draught ; a Committee to be appointed for examining the Draught, with authority from this Conven- tion to pass the same in the name of the whole of this Convention.
Persons to be appointed to exhibit the same properly delegated to the Honble Board at the Continental Congress.
The above submitted to the consideration of the honble Convention.
pr. WILLIAM MARSH, Chairman Committee.
21st. Voted, That the above report of the Sub-Committee be accepted. 22d. Voted, That Doct. Jonas Fay write an answer to Mr. John Wheelock.1
234. Voted, That the Committee of Safety for the several towns on the District of the N. Hampshire Grants, be and are invested with the same authority as other Committees of Safety for other Towns in any of the Free States of America.
24th. Voted, That a sufficient Goal be built on the west side of the range of Green Mountains, at some place, that shall be hereafter agreed on, for securing Tories.
25th. Voted, That Nathan Clark. Esqr., Capt. Micah Veal, [Vail,] Lieut. Samuel Benton, Major Jeremiah Clark and Col. James Mead be a Committee to assign a place to erect a Goal as above, and provide some way to effect the same as soon as may be, and report to this Conven- tion.
REPORT (AS THE OPINION) OF THE ABOVE SUB- COMMITTEE.
It is hereby recommended to this Convention that a Goal be erected in the Township of Manchester ; twenty foot by thirty inside ; Sd Goal to be built with Logs and Earth ; Sd Goal to be erected a few rods east of the now dwelling-house of Lieut. Martin Powell in Sd Town, for the confinement of Tories, and other offenders that may be adjudged to be confined : Sd Goal to be built of a double wall of Logs, not less than twelve inches through, laid eighteen inches distance between Sd walls, the vacancy to be filled up with earth about 7 feet high, and then floored with Logs double, a good roof. and a strong wooden door, &c., &c.
And that some suitable person or persons be appointed to see the per- formance of the above strong hold ; and to be retaliated [compensated] therefor by this Convention, or as they in their great wisdom shall order.
By order of Committee, NATHAN CLARK, Chairman.
1 A few months later, " Maj. John Wheelock" was in the service of New York, distributing through eastern Vermont the resolutions of Con- gress of June 30, 1777, that the claim of Vermont to independence "could derive no countenance or justification from any act or resolu- tion " of that body-for example, the resolution cited by Dr. Young .- See Eastern Vermont, p. 299.
33
Adjourned Session at Dorset, Sept. 25, 1776.
26th. Voted, To accept the above report.
27th. Voted, That Lieut. Martin Powell, Mr. Gideon Ormsby, and Mr. Thomas Bull be a Committee to build a Gaol as above proposed.
28th. Voted, That Lient. Martin Powell be Gaol Keeper.
29th. Voted, That Mr. Simeon Hathaway, Dr. Jonas Fay, Nathan Clark, Esq., Lieut. Joseph Bradley, Lieut. Martin Powell, Mr. Cephas Kent, Capt. Joseph Bowker. Capt. Joseph Woodward and Nehemiah How be a committee of War.1
30th. Voted, That the several Colonels on the west side of the range of Green Mountains issue their orders immediately to their several Captains under them to muster their companies, and to take the number of men gone in the service, and what service, and how many at home, and their arms, accoutrements and ammunition, and the Colonels to make their return to the Committee of War, and the Committee of War to this Convention.
31st. Voted, That the several Colonels give special orders to the Cap- tains under them to raise their quotas of men to fill up the six compa- nies of Rangers.
32d. Voted. That Nathan Clark. Esq . Doet. Obadiah Dunham and Mr. John Burnam be a Committee to affix fines on all delinquents in the Militia and make return to this Convention as soon as may be.
1 This is the first record of a Board of War in Western Vermont. The specific powers of this Board will be found in the report and thirty- fourth vote of the same day. The thirtieth vote shows that " several Colonels " and other officers had previously been appointed and the com- panies raised, and also that some were then in the service. This work had been done doubtless by the Committees of Safety. Warner had raised one regiment in 1775. under the approval of New York ; in January, 1776, he raised another, which served through the Canada campaign; and under the resolution of Congress of July 5, 1776, (by which Warner was made Colonel and Samuel Safford Lieutenant Colonel,) he raised what is known as "Warner's Continental regiment."-See Early His- tory, p. 221.
In Oct., 1776. three regiments from western Vermont joined Gates at Ticonderoga .- See Early History, pp. 217-223. Eastern Vermont fur- nished about the same number of militia. Nov. 21, 1775. there were two regiments of militia and one of minute men in Gloucester, Cumber- land, and Charlotte counties, and in August, 1776. a battalion of two hundred and fifty rangers was organized-all under New York, in which state Charlotte county mainly was. Eastern Vermont also contributed to Warner's regiment in 1775. and to Bedell's of New Hampshire .- See Eastern Vermont, pp. 770-773. John Trumbull wrote that in October, 1776, when Gen. Gates was at Ticonderoga, " the whole number of our troops under arms on that day, ( principally, however, militia,) exceeded thirteen thousand." Of these Vermont contributed probably about three thousand .- See Col. J. Trumbull's Reminiscences of his own Times, p. 36.
4
34
General Conventions.
REPORT ( AS THE OPINION ) OF THE ABOVE COMMITTEE.
A Colonel refusing or neglecting to comply with any orders from this Convention to pay a fine of 33 dollars.
A Lieutenant Colonel refusing or neglecting to obey his commanding officer,
25 do.
Major,
20 do.
Captain, 10 do.
Lieutenant, Adjutant, Quarter Master & Ensign,
7 do each.
Sergeant and Clark, 2 do each.
Corporal, 1} do.
Drum and Fife. 14 do. 1 do.
Private,
If a soldier drafted in any particular service and absconding, shall be subject to pay a fine of twenty-five dollars, and an officer in proportion as above.
That the Committee of War have full power to hear any complaint against any Field officer for neglect of their duty and to proceed against them or either of them, to collect by warrant or execution from under their hands such fine or fines as is appointed by this Convention: in like manner the Field officers to try all the commissioned officers in their respective regiments for the time being, directed to some suitable per- son to collect the same ; and in like manner two commissioned officers of each company to try all non-commissioned officers and privates ; to award in the manner aforesaid ; said tines to be used or applied to fur- nish those men in said companies that are not able to furnish themselves with arms and ammunition and accoutrements as required ; and that each non-commissioned officer and private provide himself with a suita- ble gun and one pound of powder. four pounds of bullets fit for his gun. six flints, powder horn, cartouch box or bullet pouch. a sword, bayonet or tomahawk ; and for want of a gun to pay a fine of two dollars on each time so required to appear under arms, and for want of each other aceou- trement, the sum of half a dollar when required as aforesaid.
FINES FOR EACH DAY'S NEGLECT.
A Colonel, £1-16-0
s d
Lieut. Colonel,
1-10-0
Quartermaster, £0-10-0
Major, 0-18-0
Sergeant. 0-8-0
Captain,
0-16-0
Corporal, 0-6-0
Lieutenant,
0-14-0
Drum and Fife. 0-4-0
Adjutant & Ensign, each 0-12-0
Private,
0-3-6
By order of Committee,
NATHAN CLARK, Chairman.
33d. Voted, To accept of the above report.
34th. Voted, That the Committee of War be and are empowered to issue their warrants in the name and by the authority of this Conven- tion, to the several Field officers of the Militia on the district of N. Hampshire Grants,1 that on any sufficient notice received from the Gen- eral or Commander in Chief of any of the armies of the United States of America, the Honorable Continental Congress, or on any sudden emergency that shall be judged by sd Committee of War to be for the
' This seems to have given jurisdiction over the whole territory, east and west of the mountains.
35
Adjourned Session at Dorset, Sept. 25, 1776.
immediate safety of the Grants, requesting the assistance of the Militia, and march immediately to the relief of such part of the Continent as they may be required to. And in case any person legally notified justly belonging to any or either the Companies of the Militia on sd Dis- trict shall refuse on such notifications to attend and perform the duty enjoined on him or them by the officers of the Regiment to which he or they do or may belong, that they be fined unless sufficient excuse be rendered to the Committee of War.
35th. Voted, That Doct. Reuben Jones and Lient. Leonard Spauld- ing wait and take the proceedings of this Convention and deliver to their Constituents.
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