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 55
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judicature of this colony, or at the courts of oyer and terminer, and gen- eral goal delivery, or at the general sessions of the peace, to be held re- spectively in and for the said counties of Albany and Charlotte, or either of them, suffer twelve months imprisonment, without bail or mainprize, and such further corporal punishment as the respective courts before which he, she, or they, shall be convicted, shall judge fit, not extending to life or limb; and before his or her discharge, shall enter into recog- nizance with two sufficient sureties, in such sum as the said courts shall respectively direct, to be of good behaviour and keep the peace towards his majesty and all his subjects, for the term of three years from such his, her, or their discharge ont of prison.
"2. And be it further enacted by the authority aforesaid, That the order and form of the proclamation which shall be made by the authority of this act, shall be as hereafter follows, that is to say : The justice or other per- son, authorized by this act to make the said proclamation, shall, among the said rioters or as near to them as he can safely come, with a loud voice command, or cause to be commanded, silence to be kept while proclamation is making; and shall then openly with a loud voice make, or cause to be made, proclamation in these words, or to the like effect. : our sovereign lord the king, chargeth and commandeth all persons being assembled, immediately to disperse themselves, and peaceably to depart to their habitations, or to their lawful business, upon the pain contained in the uct made in the fourteenth year of the reign of King GEORGE the third, to prevent tumultuous and riotous assemblies. And every such justice or jus- tices of the peace, sheriff, under sheriff or coroner, within the limits of the respective counties, where they reside, are hereby authorized, impowered, and required, on notice or knowledge of any such unlawful, riotons and tumultuous assembly, forthwith to repair to the place where such unlaw- ful, riotous and tumultuous assembly shall be, to the number of three or more, and there to make or cause to be made, proclamation in manner aforesaid.
"3. And be it further enacted by the authority aforesaid, That if any per- son or persons do, or shall, with force and arms, wilfully and knowingly oppose, obstruct, or in any manner, wilfully and knowingly let, hinder or hurt any person or persons, who shall begin to proclaim, or go to pro- claim, according to the proclamation hereby directed to be made, where- by such proclamation shall not be made; that then, every such opposing, letting, hindering, or hurting, such person or persons, so being or going to make such proclamation as aforesaid, shall be adjudged felony, with- ont benefit of clergy; and that the offenders therein, shall be adjudged felons, and shall suffer death, as in cases of felony withont benefit of eler- gy; And that also, every such person or persons, so being unlawfully, ri- otonsly and tumultuously assembled to the number of three, as aforesaid, or more, to whom proclamation should or ought to have been made if the same had not been hindred as aforesaid, shall, in case they, or any of them, to the number of three or more, shall continue together, and not forthwith disperse themselves, after such let or hindrance, having knowl- edge of such let or hindrance, shall, likewise, for every such offence, up- on conviction thereof, in manner aforesaid, suffer the same pains and penalties as are hereby inflicted on those who shall continue together to the number of three or more, after they shall be commanded to depart to their habitations, or lawful business, by proclamation as aforesaid.
"4. And be it further enacted by the authority aforesaid, That if such persons so unlawfully, riotously and tumultuously assembled, or any three or more of them, after proclamation made in manner aforesaid, shall con- tinue together, and not forthwith disperse themselves, it shall and may
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be lawful to and for every such justice of the peace, sheriff, under sher- iff, coroner, or constable, of any county or township where such assembly shall be; and to and for such person or persons as shall be commanded to be assisting unto such justice of the peace, sheriff, under sheriff, coro- ner, or constable, who are hereby authorized and impowered to com- mand all his majesty's subjects of age and ability, to be aiding and as- sisting to them therein; to seize and apprehend, and they are hereby required to seize and apprehend such persons so unlawfully, riotously, and tumultnously assembled together, after proclamation made as afore- said, and forthwith to carry the persons so apprehended, before any one or more of his majesty's justices of the peace of the said counties of Char- lotte or Albany, in order to their being proceeded against for such their offences according to law.
"And that, if the persons so unlawfully, riotously and tumultuously as- sembled, or any of them, shall happen to be killed, maimed, or hurt, in the dispersing, seizing or apprehending them, by reason of their resisting the persons so dispersing. seizing, or apprehending, or endeavouring to disperse, seize, or apprehend them; that then, every such justice of the peace, sheriff, under sheriff, coroner or constable, and all and singular persons aiding and assisting to them, or any of them, shall be freed, dis- charged, and indemnified, as well against the king's majesty, his heirs and successors, as against all and every other person and persons, of, for, or concerning the killing, maiming, or hurting of any such person or per- sons, so unlawfully, riotously, and tumultuously assembled, that shall happen to be so killed, maimed, or hurt as aforesaid.
"5. And be it further enacted by the authority aforesaid, That, if any per- son or persons, within the said counties, or either of them, not being law- fully authorized a judge, justice, or magistrate, shall assume judicial power, or shall try, fine, sentence or condemn any person who shall ei- ther be absent, or shall unlawfully or forcibly be seized, taken, or brought before him or them, for trial or punishment; or if any person or persons shall aid or assist in such illegal proceedings, or shall inforce, execute or carry the same into effect; or if any person or persons shall unlawfully, seize, detain, or confine, or assault and beat any magistate or civil offi- cer, for, or in the respect of any act or proceeding in the due exercise of his function, or in order to compel him to resign, renounce, or surcease his commission or anthority, or to terrify, hinder, or prevent him from per- forming and discharging the duties thereof ; or if any person or persons either secretly or openly, shall, unlawfully, wilfully and maliciously burn or destroy the grain, corn or hay, of any other person, being in any in- closure, or if any person unlawfully, riotously. and tumultuously assem- bled together, to the disturbance of the public peace, shall, unlawfully, and with force, demolish or pull down, or begin to demolish or pull down, any dwelling-house, barn, stable, grist-mill, saw-mill, or out-house, within either of the said counties, that then, each of the said offences, respec- tively, shall be adjudged felony, without benefit of clergy ; and the offen- ders therein shall be adjudged felons, and shall suffer death, as in cases of felony without benefit of clergy.
"6. And whereas complaint and proofs have been made, as well before his excellency the governor in council, as before the General Assen- bly, That Ethan Allen, some time of Salisbury, in the colony of Connecti- cut, but late of Bennington, in the county of Albany, yeoman; Seth War- ner, late of Bennington, in the said county, yeoman; Remember Baker, late of Arlington, in the said county, yeoman ; Robert Cochran, late of Ruporte, in the county of Charlotte, yeoman; Peleg Sunderland and Silva- nus Brown, late of Socialborough, in the same county, yeoman ; James Bruckenridge, late of Wallumschaek, in the county of Albany, yeoman ;
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and John Smith, late of Socialborough, yeoman; have been principal ring- leaders of, and actors in, the riots and disturbances aforesaid ; and the general assembly have, thereupon, addressed his exellency the gover- nor, to issue a proclamation offering certain rewards for apprehending and securing the said offenders, and for bringing them and the other per- petrators and authors of the riots to justice; And forasmuch as such dis- orderly practices are highly criminal and destructive to the peace and settlement of the country, and it is indispensably necessary for want of process to outlawry (which is not used in this colony) that special pro- vision be made for bringing such offenders, in future, to trial and pun- ishment, without exposing the colony to the expenee of extraordinary rewards and bounties for apprehending such offenders:
" Be it further enacted by the authority aforesaid, That it shall and may be lawful to, and for, his excellency the governor, or the governor and commander in chief, for the time being, by, and with, the advice of the council, as often as either of the above named persons, or any other per- son, shall be indicted in either of the counties aforesaid, for any offence perpetrated after the passing of this act, made capital by this or any oth- er law, or where any person may stand indicted for any of the offences above mentioned, not made felony by this act, to make his order in coun- cil, thereby requiring and commanding such offender or offenders to sur- render themselves, respectively, within the space of seventy days next after the first publication thereof, in the New- York Gazette, and weekly Mercury, to one of his majesty's justices of the peace, for either of the said counties respectively, who are hereby required, thereupon, to com- mit him or them, without bail or mainprize, to the goal of the city of New-York, or of the city and county of Albany, to the end that he or they may be forth-coming to answer the offence or offences, wherewith he or they shall stand charged, according to the ordinary course of the law ; which order the clerk of his majesty's council, or his deputy, shall cause, forthwith, to be printed and published, in eight sucesssive papers, of the New- York Gazette and weekly Mercury; the two first of which to be, forthwith, transmitted to the sheriff's of the counties of Albany and Charlotte ; and the said sheriff's, respectively, shall, within six days after the receipt thereof, cause the same printed orders to be affixed upon the door of the court-house of the county of Albany, and upon the door of the dwell-house of Patrick Smith, Esq ; where the courts are now usually beld for the said county of Charlotte, and upon the doors of two other public-houses in each of their respective counties. And in the case the said offenders shall not respectively surrender themselves, pursuant to such orders of his excellency the governor, or of the governor and com- mander in chief, for the time being, to be made in council as aforesaid ; he or they, so neglecting or refusing to surrender himself or themselves as aforesaid, shall, from the day to be appointed for his or their surrendry as aforesaid, be adjudged, deemed, and (if indicted for a capital offence hereafter to be perpetrated) to be convicted and attainted of felony, and shall suffer death, as in cases of persons convicted and attainted of felo- ny, by verdict and judgment, without benefit of clergy; and that it shall and may be lawful to and for the supreme court of judicature of this col- ony, or the courts of oyer and terminer, or general goal delivery, for the respective counties aforesaid, to award execution against such offender or offenders, so indicted for a capital offenee perpetrated after the pass- ing of this act, in such manner as if he or they had been convicted or attainted in the said supreme courts of judicature, or before such courts of oyer and terminer, or general goal delivery respectively: And if any offender, being indicted for a lesser offence, under the degree of felony, shall not surrender himself within the time fixed by such order, and after
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such notice aforesaid, he shall thenceforth be deemed guilty of the of- fence for which he may be charged by such indictment ; and it shall be lawful for the court wherein such indictment is found, to proceed to pro- nounce such judgment against the offender, as might lawfully be done if he was present in court, and convicted in the ordinary course of the law, of the crime wherewith he shall so stand charged as aforesaid. Provi- ded always,
"7. And be it further enacted by the same authority aforesaid, That, if any person, so neglecting to surrender himself as aforesaid, within the said seventy days, shall, at any time after, surrender himself to the sher- ifl' of the cities of New- York or Albany, or of the counties of Dutchess or West-Chester, (who are to receive, and safely keep such offenders) and being actually in custody, exhibited reasonable proof, to the satisfac- tion of the judges of the supreme court of this colony, or either of them, that he was not within either of the said counties of Albany or Charlotte, or within either of the counties of Cumberland or Gloucester, at any time after the publication and notices above directed, and before such surren- der of himself as aforesaid ; then such judge before whom such proof is made, shall, forthwith, notify the same in writing, to the sheriff to whom any warrant of execution for the executing such offender, or any other process for any lesser punishment hath been, or may be issued ; and thenceforth such prisoner or offender shall not be liable to suffer death or any other punishment for not surrendering himself-Provided also, that nothing in this act contained shall be construed to exempt any offender, so surrendering himself after the seventy days as aforesaid, from any punishment to which he may be liable for any other crime than for not surrendering himself within the seventy days, as aforesaid ; nor to de- prive any person who shall so surrender himself within the seventy days, from being bailed, in cases where he shall be bailable by law; any thing herein contained to the contrary thereof, in any wise, notwithstanding.
"8. And be it further enacted by the same authority aforesaid, That, all and every person and persons who shall, after the expiration of the time to be appointed, as aforesaid, for the surrender of the respective offend- ers herein before named, harbour, receive, conceal, abet, or snccour such offender or offenders, knowing him or them to have been required to sur- render him or themselves by such order or orders as aforesaid, and not to have surrendered pursuant thereto, shall, upon conviction thereof, in due form of law, suffer the same pains and penalties as are, by this act, inflicted on those who shall continue together to the number of three or more, after they shall be commanded to depart to their habitation or law- ful business, by proclamation as aforesaid.
"9. And whereas the said county of Charlotte, hath but lately been set off' from the said county of Albany, and there is yet no goal or court- house erected within the same; and a great part of the said county being involved in a state of anarchy and confusion, by reason of the violent pro- ceedings of the aforesaid riotous and disorderly people, from whence it. must, at present, be extremely difficult, if not impracticable, to bring offenders to justice within the said county :
"Be it therefore further enacted by the authority aforesaid, That all trea- sons, felonies, crimes, misdemeanors and offences whatsoever, at any time heretofore committed or perpetrated, or hereafter to be committed or perpetrated within the said county of Charlotte, shall and may be pro- ceeded against and presented by any grand jury for the county of Albany, from time to time, to be impanelled and sworn at any court of criminal jurisdiction to be held in and for the said county of Albany ; who shall and may charge any of the said offences to have been committed in any part of the said county of Charlotte ; and all indictments so found by
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them, shall be adjudged to be good and valid, notwithstanding that the place of perpetrating any of the said offences be in the said indictments alledged to be out of the said county of Albany ; and all such offences and offenders which shall be presented or indicted as aforesaid, shall and may be tried within the county of Albany, and by a jury thereof ; and there heard, determined, and punished in the same manner and form as if such treason, felony, crime, misdemeanor or offence, had arisen and been perpetrated within the said county of Albany.
" 10. Provided always, And be it further enacted, That if, any time here- after, the justices to be appointed for holding courts of oyer and terminer and general goal delivery, for the said county of Charlotte, in cases cog- nizable before them, or the justices of the general session of the peace for the said county of Charlotte, in cases cognizable before them, shall con- ceive that any prisoner or offender may be safely brought to justice with- in, and by a jury of, the said county of Charlotte; that then, it shall and may be lawful to and for each of the said courts respectively, to proceed against, and try, such prisoner or offender, having lawful cognizance of his cause, within, and by a jury of, the said county of Charlotte ; and him there to acquit or to sentence, condemn, and punish, as the law di- reets; any thing in this act to the contrary thereof notwithstanding.
" 11. And be it further enacted by the authority aforesaid, That this act shall be publickly read in every court of general sessions of the peace, to be held in each of the said counties of Albany and Charlotte respec- tively.
" 12. And be it further enacted, by the authority aforesaid, That this act shall remain and continue in full force and effect, from the pass- ing thereof, until the first day of January, which will be in the year of our Lord, one thousand, seven hundred, and seventy-six."
From the New-Hampshire Gazette, No. 915. REMARKS, &c. on some late laws passed in New- York.
"HIS excellency, governor Tryon, in conformity to the addresses of the general assembly of the colony of New- York, having on the 9th day of March, 1774, with the advice of his council, issued his proclamation, offering, therein, large sums of money for the purpose of apprehending and imprisoning the following persons, viz., Ethan Allen, Seth Warner, Remember Baker, Robert Cochrain. Peleg Sunderland, Silvanus Brown, James Breakenridge, and James Smith :
AND WHEREAS his excellency the governor, by the same proclama- tion, hath, strictly, enjoined and commanded all magistrates, justices of the peace, sheriffs, and other civil officers of the counties of Albany and Charlotte, to be active and vigilent in apprehending and imprisoning the persons above-named; and we, the aforesaid persons, who have hereunto subscribed, being conscious that our cause is good and equitable in the sight of GOD, and all unpredjudiced and honest men, are determined, at all events, to maintain and defend the same, 'till his majesty's pleasure shall be known concerning the validity of the New-Hampshire grants- And we now proclaim to the public, not only for ourselves but for the New-Hampshire grantees, and occupants in general; that the spring, and moving cause, of our opposition to the government of Nae- York, was self-preservation, viz. Firstly, the preservation and maintaining of our property: And secondly, since that government is so incensed against us, therefore it stands us in hand to defend our lives; for, it appears, by a late set of laws passed by the legislature thereof, that the lives and prop- erty of the New-Hampshire settlers are manifestly struck at; but, that the public may rightly understand the essence of the controversy, we
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now proclaim to those law-givers, and to the world, that if the New- York patentees will remove their patents that have been, subsequently lapped and laid on the New-Hampshire charters, and quiet us in our possessions, agreeable to his majesty's directions, and suspend those criminal prose- cutions against ns for being rioters (as we are imjustly denominated) then will our settlers be orderly and submissive subjects to govern- ment; but, be it known to that despotic fraternity of law-makers and law-breakers, that we will not be fooled or frighted out of our property; they have broke over his majesty's express prohibitions, in patenting those lands, and when they act in conformity to the regal authority of Great-Britain, it will be soon enough for ns to obey them. It is well known by all wise and sensible persons in the neighbouring govern- ments, (that have animadverted on the controversy) that their pretended zeal for good order and government, is fallacions, and that they aim at the lands and labours of the grantees and settlers aforesaid; and that they subvert the good and wholesome laws of the realm, to corroborate with, and bring about their vile and mercenary purposes.
AND inasmuch as the malignity of their disposition towards us, bath flamed to an immeasurable and murtherous degree, they have, in their new-fangled laws, calculated for the meridian of the New-Hampshire grants, passed the 9th of March, 1774, so calculated them, as to corres- pond with the depravedness of their minds and morals; in them laws, they have exhibited their genuine pictures. The emblems of their in- satiable, avaricious, overbearing, inhuman, barbarous, and blood-guilti- ness of disposition and intention is therein portraited in that transparent. image of themselves, which cannot fail to be a blot, and an infamous re- proach to them, to posterity .- We cannot suppose that every of his majesty's council, or that all the members of the general assembly were active in passing so bloody and unconstitutional a set of laws, Un- doubtedly, some of them disapproved thereof; and it is altogether possi- ble, that many that were active in making the law, were imposed upon by false representations, aud acted under mistaken views of doing honor to government; but be this as it will, it appears that there was a major- ity. And it has been too much the case with that government, for a number of designing sehemers, and land-jockeys, to rule the same. Let us take a view of their former narrow and circumscribed boundaries, and how, that by legerdemain, bribery and deceptions of one sort or other, they have extended their domain far and wide ; they have wrangled with, and eneroached on their neighbouring governments, and have used all manner of deceit and fraud to accomplish their designs: their tenants groan under their usury and oppression; and they have gained, as well as merited, the disapprobation and abhorrence of their neighbours, and the innocent blood they have already shed, calls for heaven's vengeance on their guilty heads: and if they should come forth in arms against us, thousands of their injured and dissatisfied neighbours in the several governments, will join with us, to cut off and extirpate such an execrable race from the face of the earth!
THIS piece is not supposed to contain a full answer to the new con- structed laws aforesaid; for such a large two year old, hath never before been seen in America, it being of an enormous and monstrous birth; nor is it supposed to give the legislators their full characters: but so much may suffice for the present. To quote the laws, and make remarks thereon, would be matter sufficient for a volume: However, we will yet make some short observations.
1st. NEGATIVELY, it is not a law for the province of New- York in general, but,
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2d. POSITIVELY, it is a law but for part of the counties of Charlotte and Albany; viz. such parts thereof a's are covered with the New-Hamp- shire charters; and it is well known those grants compose but a minor part ef the inhabitants of the said province; and we have no representative in that assembly. The first knowledge we had of said laws, was the comple- tion of them; which informed us, that if we assembled, three or more of us together, to oppose (that which they call legal) authority, we shall be ad- judged felons, and suffer the pains of death; and that same fraternity of plotters knew, as well as we, and the generalty of the people in the ad- jacent colonies, that they have for a number of years last past, endeav- ored to exercise such a course of what they call law. that had they not been opposed by the people of these grants (called the MOB) in the exe- enting the same, they would, before this time, have been in possession of that territory, for which the laws aforesaid are calculated. Therefore the case stands thus: If we oppose civil officers, in taking possession of our farms, we are, by these laws, denominated felons; or if we defend our neighbours who have been indicted rioters, only for defending our property: we are likewise adjudged felons. In fine, every opposition to their monarchial government is deemed felony, and at the end of every such sentence, there is the word DEATH! And the same laws further impowered the respective judges, provided any persons, to the number of three or more, that shall oppose any magistrate, or other civil officer, and be not taken, that after a legal warning of seventy days, if they do not come and yield themselves up to certain officers appointed for the purpose of securing them; then it shall be lawful for the judges afore- said, to award execution of DEATH, the same as tho' he or they had been convicted or attainted before a proper court of judicature, &c. The candid reader will, doubtless, observe, that the diabolical design of this law, is to obtain possession of the New-Hampshire grants, or to make the people that defend them, out-laws, and so kill them whenever they can catch them.
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