USA > Vermont > The history of Vermont; with descriptions, physical and topographical > Part 21
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By order of Council, JOSEPH FAY, Sec'y."
Those called tories in the war of the revolution some- times went over to the enemy, leaving their families behind them. Their wives as was natural, made appli- cation to the Council of Safety for leave to join their husbands. It seems that they were frequently accom- modated under certain restrictions. Of tories, grades existed, as we find the first class often referred to ; but what was the ground of this distinction does not ap- pear.
" IN COUNCIL, Bennington, Jan. 28.
This day passed an order and directed the same to Capt. Samuel Robinson, overseer of tories ; or either of his assistants, to take under their direction and imme- diately employ -* and enter him in their first class,
* Name suppressed.
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agreeable to the direction of the committee of Cla- rendon.
THOMAS CHITTENDEN, President."
" IN COUNCIL,
Bennington, March, 1778.
MRS. - * is permitted to carry with her two feather beds and bedding for the same, five pewter plates, two platters, two baisins ; one V pot ; one tea kettle ; one small brass skillet ; the bedding to consist of three cover- lids, one bed quilt, four blankets and eight sheets ;- one chest, her wearing apparel, and her children's; and knives and forks.
By order,
THOMAS CHITTENDEN, Prest."
Mr. Slade has also given specimens of the doings of the Governor and council after the adoption 13th March, 1778, of the constitution. It is an interesting record ; but our limits will not admit of but a few examples. They are dated at Arlington, the residence of the Governor, having removed from Williston, on account of its greater exposure to the depredations of the enemy. This situation is, represented as very delight- ful ; and it is easily credited as many such are seen in that town.
* Name suppressed.
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" IN COUNCIL, Arlington, 24th April, 1778.
1
To ABRAHAM MATHISON, Pownal.
Whereas, it has been represented to this council by Austin Sealy, that you have taken from him a cow and calf, which is either the property of this State, or his son ; this is therefore to request and order you to deliver the cow and calf to said Sealy, or appear before this council to give the reason why you withhold said cow and calf, forthwith.
By order of Governor and Council, MATTHEW LYON, D. Sec'y."
" Whereas, it has been represented to this council that the wife of late of Manchester, (now in arms with the enemy,) is very turbulent and troublesome, where she now is, and refuses to obey orders ;-
To STEPHEN WASHBURN,
SIR : You are hereby commanded to take said woman and her children and transport and guard them to some convenient place on the east side of Lake Champlain, where she can go to the enemy in order to get to her husband .-
By order of Governor and Council,
M. LYON, D. Sec'y."
" IN COUNCIL, June 5th, 1778.
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Col. SAMUEL HERRICK,
SIR: Yours of this day's date have received. In answer thereto would inform you that Redding did peti- tion the General Assembly of this state for a rehearing, inasmuch as he was tried by a jury of six men only. The members of the assembly not being come so fully before the time of his execution, so as to determine the matter ; therefore the council have reprieved said Redding from being executed until Thursday next, two o'clock in the afternoon. This council do not doubt in the least, but that the said Redding will have justice done him, to the satisfaction of the public.
By order of Governor and Council,
THOMAS CHANDLER, JR. Prest."
The execution of the unhappy Redding named above, is thus detailed in a note by Mr. Slade.
" The curiosity which, not much to the honor of human nature, has ever been manifested on such occa- sions, was on this greatly heightened by the fact, that a public execution had never been witnessed in Vermont. To this curiosity was added the strong feeling of indig- nation which such a crime was calculated to excite at that period. Under the influence of these feelings a vast multitude assembled to witness the execution. In the meantime the learned council had discovered an important defect in the proceedings. Redding had been tried by a jury of six only ; and it was very unfortunately
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discovered that this was contrary to the common law of Great Britain, which required the verdict of twelve. Application was immediately made to the Governor and. council for a reprieve, until a new trial could be had. The reprieve was granted at the moment the anxious throng were collecting to witness the execution.
But with such a multitude, and on such an occasion, it was in vain to reason or talk of the rights of English- men. They had all pronounced the culprit guilty, and were not in a condition to understand upon what princi- ples the verdict of the whole community could be set aside with so little ceremony. While they were agitated with mingled emotions of disappointment and indigna- tion, ETHAN ALLEN, suddenly pressing through the crowd, ascended a stump and waiving his hat, exclaimed : ' Attention the whole !' and proceeded to announce the reasons which produced the reprieve ; advised the multi- tude to depart peaceably to their habitations and return on the day fixed for the execution in the act of the Governor and council ; adding with an oath, " you shall see somebody hung at all events, for if Redding is not hung, I will be hung myself."
Upon this assurance the uproar ceased and the mul- titude dispersed.
The foregoing anecdote has been often related to the editor by those who were eye witnesses of the scene ; and accords too well with the spirit of the times, and the well known character of Ethan Allen, to leave a doubt of its authenticity.
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The crime for which he was condemned and which was familiarly known in these times by the phrase "enemical conduct against the United States," was treasonable practice towards the country. Those guilty of it belonged to the first class of tories ; they, who not only did not act with their country but with the enemy.
Mr. Slade has also given specimens of the original proceedings of the general assembly, and the superior court of Vermont. The first session at Windsor com- menced March 12th, 1778; and the introductory par- agraph in the journal reads thus : "The representatives of the freemen of the several towns in the state met at the court house in Windsor agreeable to the constitution and formed themselves into a house."
The roll of representatives is not given ; and it is said, the names of those, who composed the body, cannot be ascertained. Capt. Joseph Bowker was chosen speaker; and Major Thomas Chandler, clerk . After the body was thus organized, Divine service was attended, and a sermon preached (by the Rev. Mr. Powers) from these words : "And Jesus came and spake unto them, saying, all power is given unto me in heaven and on earth." .
The votes for governor, deputy governor, twelve councilors and other officers were given on the first Tuesday of the month, (September,) by direction of a convention of delegates from all the towns, called by the council of safety. This convention formed the
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written constitution of the state; and which is to be seen in compilations so often alluded to, as originally adopted. It is worthy of perusal and re-perusal for the sound political principles and salutary sentiments con- tained in it. It is too long to be transcribed into this work; and yet one or two paragraphs cannot be omitted. If they contain principles too often departed from, a speedy return and a steadfast adherence to them cannot be too strongly desired. The spirit of freedom manifested will remain, it is hoped, till the everlasting hills of Vermont shall, so to speak, become as level as a western prairie.
They begin by " confessing the goodness of the great Governor of the universe, who alone knows to what degree of earthly happiness mankind may attain by perfecting the acts of government."
Section seventh, chapter second, contains an important principle and rule, not always recognized and followed.
"The house of representatives of the freemen of this state shall consist of persons most noted for their wisdom and virtue, to be chosen by the freemen of every town in this state respectively."
SECTION 8th .- " The members of the house of representatives shall be chosen annually, by ballot, by the freemen of this state on the first Tuesday of September, forever, and shall meet on the second Thursday of the succeeding October; and shall be styled the general assembly of the representatives of the freemen of Vermont."
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The first notice of a superior court seen, is dated October 21, 1778, in the journal of the general assembly.
" Resolved, That there be a superior court appointed in this state, consisting of five judges."
The appointment was by resolution ; adopted as it is presumed by hand vote, and not by ballot. The record is : " Resolved, that the Hon. Moses Robinson, Esq. be, and he is hereby appointed chief judge of the superior court ; and Maj. John Shepherdson, second ; John Fassett, Jun. third; Maj. Thomas Chandler, fourth ; and John Throop, Esq. fifth ; judges of said court.
" Resolved, That the superior court do not sit longer, at one sitting, than one week.
In these times of war and controversy ; of military and civil proceedings intermingled, a very common custom prevailed of prefixing, and affixing titles to names. Indeed this was customary throughout the country. In Connecticut the records of early times give military titles in their civil and legislative transac- tions, as low as sergeant. Lieutenant is the lowest seen in the journals of this state; but from that upward they are plentifully interspersed. In the roll of the house of representatives in one instance counting seventy, you will see Mr. prefixed to names only seventeen times. The remaining fifty-three names, have some foregoing, or consequent titles, honorary or professional. Thus you will see ; " Voted, that Capt. Thomas Rowley, Nathaniel Robinson, Esq., and Col. Jacob Kent, be a
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committee to prepare a bill for the purpose of prevent- ing some individuals, catching all the fish that pass and re-pass up and down White river, so called."
"Resolved, That the wages of councilors and repre- sentatives for the present session be seven shillings per day, and a horse one shilling per mile."
The number of judges of the superior court, was originally, as it appears by the above resolution, five. It subsequently was three ; and then again five, as at the present time. The county courts have been remodeled ; and somewhat changed from the original arrangement. They are now constituted of one superior court judge, and two assistant judges of each county. All the judicial officers are yet chosen annually ; a practice liable to serious objections, as it has a tendency to render judges less independent, and more subservient to the ascendant political party. The subject has of late been before the public in various forms ; and it is thought the time is near, when a law will be adopted to have the judges of the superior court at least hold their office seven years, if not during good behavior.
The general assembly had no fixed place of meeting for a number of years after the adoption of the constitution. Thus we find by the record of their proceedings, the sessions alternately on the east and west side of the mountain ; and at several different places. Bennington, Rutland, Middlebury and Burlington, on the west side ; Westminster, Windsor, Woodstock, New- bury, and Danville on the east, are named in the
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journal as places of holding the general court. Rut- land and Windsor for a number of years shared between them the alternate meetings of that body. At length it was decided to make Montpelier the seat of govern- ment ; and this, since 1812, has been the capital of Vermont.
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CHAPTER XXV.
Crossing the mountain in 1843 .- Newfane Hill .- Stratton con- vention of 1840 .- Scene among the mountains .- Sunderland. -House built by Ethan Allen .- Birth place of Jeremiah Evarts .- Manchester .- Session of the court there .- Going to College .- Manchester mountain .- Spruce timber .- Peru turn- pike .- Prospect .- School children .- Their salutations. - Ches- ter .- Convention of presbyterian and congregational ministers. -Tract society .- Morning prayer meeting .- Narrative of the state of religion .- Sabbath School Union .- Rev. Mr. Munger. -Hindoo girl .- Indians .-- Puritans .- Temperance .- Education society .- Domestic Missions .- Lord's supper .- Crossing the mountain to Bennington in 1843 .- Marlboro .- Wilmington .- Bennington furnace .- Reflections.
" CROSSING the mountain," in June, 1843, from Brat- tleboro to Manchester, the writer viewed again the de- serted, desolate, ancient county seat of Windham, " New- fane Hill." Passing through Wardsboro centre, another eminence of early settlement, but beginning to be de- serted for the vallies and flats, its house of divine wor- ship standing unoccupied, and two others built as its substitute. Near the summit of the mountain you come to the ground trod by the feet of the thousands, marshal- ed under political banners, in the presidential campaign
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of 1840. The log-cabin stands yet, near which stood Daniel Webster, having before him the substantial part of one political party, middle aged fathers, and even some gray with years, and young men dwellers in the vallies and on the hills of Bennington and Windham counties. The lofty, conical peaks of Stratton, and the distant variegated views here to be enjoyed, probably induced many to take a part in this political drama, as well as the celebrity of the orator, and the excitement of the occasion. Surely the grandeur and beauties of nature around must have softened the asperities of party strife.
Descendants of the Knickerbockers met green moun- tain boys ; and they eyed each other with more friendly countenances than once marked the intercourse of their fathers ; and Albanians and Trojans came to see the country once expected as a frontier bulwark of the " Empire State."
Leaving this spot you soon enter Sunderland, the road running on the bank of the Roaring Branch, through a narrow and irregular channel. On each hand the mountains rise bold and majestic, to a great height, almost perpendicularly, and taking the irregular and winding course of the stream. On the left bank espe- cially, the towering summit seems struggling and almost succeeding to hide from the traveler the ascending June sun. The sides of these mountains on each hand are covered with trees rising one above another; and the foliage is now tender and rapidly growing. The pre-
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vailing color of the whole forest is green of course ; but the shades are endless and indiscribable. The spruce, and fir, and hemlock of a deep, dark green, form the ground work, which is filled up with various hues, that distinguish, with slight difference, some thirty or forty kinds of trees with all their distinctive sorts. The leaves, some in a forming ; some half, and others in a formed state, diversify the scene, interspersed more or less with dead, leafless, and branchless trunks ; some broken midway ; and here and there one like a naked mast towering above its fellows, flourishing in life and vigor, a watch tower, for the hawk or eagle from which to descry and seize his prey. The tops and branches of the lofty beech and birch standing opposite sides of the stream, their roots weakened by the united action of wind and water, inclining, often become entangled mid- way, bracing each other and forming an arch over the water. The way in one instance, was directly under the menacing top of a large maple, its foothold being loosened by the recent heavy rains, prone and almost parallel with the horizon, it seemed ready to fall and impede the traveler, or crush him under its weight. But this danger escaped, he passed down the declivities, his way skirted by the flowers and blossoms of the forest, fresh and fragrant of beautiful tints, the colors of nature.
The putting forth of the foliage in the spring at the base of these steep and high ridges is several days in advance of its summit. While the former is putting
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on the dress of summer ; the latter at the actual dis- tance of no more than a thousand feet exhibits the nakedness of winter; and your eye can mark the daily progress of ascending life, and the re-assuming of the vernal drapery.
The notes of the various birds which visit these woodlands were heard on either side. It would be strange not to heed them, wending your way alone amid these works of God, who made these tenants of the air to cheer the wilderness with their songs, " hymning his praise." They seemed conscious of the shortness of the summer here, and were in earnest to accomplish the work assigned them. The snows of October had but just left these highlands, and the intenseness of June vegetation, and the kindly rays of the sun rendered them full of animation. Some of them were sending forth tune after tune, and song after song; but no two of them alike. Others again were heard in notes similar but with shades of difference. One was heard, whose tones were. singular and new to the writer ; peculiarly distinct and striking ; and repeated at intervals with undeviating exactness.
Reaching the banks of the Battenkill, the western border of Sunderland, a strip of land level and thickly settled, he found himself in the house built originally by Ethan Allen ; now a public house ; saw the office of the first treasurer of the state, on the opposite side of the road, now used for a corn barn, and was in sight of the house in which was born Jeremiah Evarts. The
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father of the present keeper of the inn, was his early school-fellow. Although this town is mostly unsettled and in its native state, mountainous and irregular, this distinguished son of Vermont began his · earthly pilgrimage in one of its most pleasant and romantic vallies on the banks of the Battenkill. Nur- tured in the bosom of its parent state, his soul was alive to the beauties and wonders of nature as seen in these sequestered regions where he drew his breath, but more so to those of redemption. After nobly running the race set before him, his " path being as the shining light, shining more and more unto the perfect day," at the other extremity of the union on the banks of the Savannah, he finished his course with joy, cheered by " wonderful " views of coming glory.
At Manchester, the county court was in session, attended as usual, by grand and petit juries ; anxious clients and witnesses, and company-loving spectators. The strength of Bennington bar was here; active, faithful, vigilant, sharpsighted, eloquent lawyers ; thor- ough business men. In one of the offices attached to the court-house, an early settler was relating to some of his associates, incidents of his boyhood. He was relating the discussion of his parents relative to his future course in life ; the arguments in favor of agricul- tural pursuits as placed before his ardent mind by his father; and those of learning by his mother. It was not in the style of Lucian's dream, and yet one might be reminded of the consultation of his friends on a
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similar subject ; and of the marks from the club, for he claimed to have more scars than any other man in Vermont could show .* His mother he said, was for having him go to college ; and ' follow learning for a
* At a family consultation, it was decided that Lucian, yet a boy, on account of his father's slender means, should learn some art, and follow some handicraft ; and he was placed accordingly with his uncle to work at statuary. With chisel and mallet he went reluctantly to the employment ; but inadvertently let fall and broke a block of marble, which had been given him for sculpture. His uncle was en- raged at him for it, and with a club lying near, inflicted on him an unexpected blow, which brought tears from him as the first fruit of his trade. At this he run away; and whimpering, with his eyes full of tears, went directly to his mother with a bitter complaint against her brother, insinuating, that the violence suf- fered was the result of his uncle's envy at his early promise of excelling him in his art. His mother was indignant of course ; and let fly a volly of heavy epithets at her absent brother. Retir- ing to bed, sobbing and intent on what had happened, he at length fell asleep; and in his dream, saw two female figures approach him, one representing 'Labor' and the other 'Learn- ing.' Each of them was appropriately attired ; and urged on his choice in the most winning manner, her claims to his confi- dence ; persuading him to become her follower ; and as is usual, endeavoring to secure him by undervaluing and discrediting each others persons and pursuits. While the latter was speaking, and before she had finished her argument, he signified to her that his choice was made, and his purpose taken to become her follower; especially as he remembered the cane, and the wounds inflicted as the result of yesterday's employment with her opponent ; and in some way, he seemed not to know how, become a distinguished follower in her train.
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livelihood,' representing to my wakeful imagination the advantages of such a course; " white hands ; silk « gloves and stockings; fine clothes, honor, being a gentleman ; a doctor, or lawyer, or minister with a horse and carriage." His father on the other hand urged the claims of farming pursuits, "a farm with a hundred and twenty dollars ; raising calves and colts ; good crops of grass and grain ; flocks and herds, butter and cheese." His mind was long ruminating on these two courses, 'going to college, or to work on a farm.' The gloves, pleading law, preaching, and renown on the one hand, and the colts and calves on the other, filled his imagination and divided his mind. Entering on the latter course, he pursued it till it was too late to return like Lucian to the former. But in after life occurrences often reminded him of the opportunity of taking in early life a different course ; and sometimes made him regret that he had not done it. When he sometimes witnessed, he said, a preacher in the pulpit bothered, making hard work of it, hesitating and stam- mering, and running on bare ground ; then he wished he had gone to college, and made a preacher; he would have taken hold, and hoed out his row for him.
When he saw a lawyer at the bar, finding it difficult to make it go ; handling book after book, and looking in vain whether at home or abroad for the right author- ity ; or a physician perspiring over a limb to be ampu- tated, mangling the flesh and missing the arteries,
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running his instruments misdirected ; then said he to himself, O that I had gone to college ; I might have helped them and putting them in the right way hoed . out their row for them.
Manchester mountain west of this village, is the third in altitude in the state; a most magnificent spectacle. It is often ascended by parties ; from whose summit the white hills in New Hampshire are visible to the naked eye.
The green mountain range on the east, marked with numerous slides, made for the purpose of letting down spruce timber to the banks of the Battenkill, which flows here near its base. These slides, or inclined planes are made with care. If left in a rough uneven state, the logs sliding down with great force, striking rocks, rebound violently, and are thrown across the track stopping the progress of the logs following them, and requiring great labor to remove them.
These logs are marked and thrown loose into the river, and go down without much trouble where the channel is no more than full. But when the water overflows the banks, many of them stray from the current over the meadows and lodge among the bushes, requiring time and labor to find and tow them back. Drawing near the mills in the state of New York where they are sawed, they are separated, each owner collect- ing those bearing his mark, passes them under a boom, thrown across the river for the purpose, and secures them by the shore. This business is a source of con-
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siderable income to the dwellers on the banks of this river in Vermont, especially where it runs so near the * mountain, that its timber may be launched from its side, so to speak, upon its very surface.
Returning to the east side of the mountain by the Peru turnpike, a delightful prospect in a southeasterly direction is afforded. A vast concave opens before you, and your eye runs over the tops of the forest trees ; along the fields and vallies rescued from the wilderness by the progress of settlement, ascends with the gradually rising of the distant hills; extending its scrutiny over the Connecticut till its sight is limited by the far distant uplands of New Hampshire.
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