USA > Vermont > Vermont state papers; being a collection of records and documents, connected with the assumption and establishment of government by the people of Vermont; together with the first constitution, and the laws from the year 1779 to 1786, etc > Part 2
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65
319
Quieting acts
RAPE, act for punishment of .
291
Riots and rioters, act for preventing and punishing 346
Rebellion, how punished 354
Return to the State of certain persons having joined the enemies thereof, act to prevent and punish 355
Replevin, act concerning 362
Robbery, how punished 366
Redemption of certain lands sold at vendue, prolonged 470
Record of a certain deed vacated 504
Recovery of debts due the citizens of other States, prohibited in cer- taiu cases, 505
SABBATH, act to enforce the observance of 313
Securities to the State, to whom to be taken 316
Swine, act to restrain from going at large 323
Swearing and cursing, act against 331
Sheriffs, act for appointing, and regulating in execution of their office 348 Sberp, act for ordering and preserving
334
Sodomy, how punished
354
Stocks and sign posts, act providing for
359
Stallions, act to restrain the running at large
381
Suspension of all civil process, acts relating to 388-390-397
Suspension of process against I. Tichenor and J. Farnsworth 438-494 Streams of water, act to prevent turning from their natural courses 35 Sale of real estate of persons deceased, acts authorising for certain purposes 439-460
Secretary of State, act pointing out office and duty of 441
Settlement of New lands, act relating to 475-505
Sureties and scire facias, act concerning 483
TOWNS and other communities anthorised to sue and defend 293
Treason, acts relating to 293-413-483
Taxes, act authorising and regulating the collection of 312
- towns empowered to assess, for certain purposes 396
--- on lands, towns authorised to levy, for building houses of worship, school houses and bridges 440
Tax for purpose of making and repairing roads, &c. select-men empowered to levy 509
Transient persons, act for the ordering and disposing of 315
Town and society meetings, act for preserving order therein 323
Theft, act for punishing 324
Town clerks directed in their office and duty 327
Trespasses, act for punishing in divers cases 338
Town officers, choice of regulated 357
Trials and appeals, act regulating 387
Taverns, act for licensing and regulating 370
424-500
xiv
INDEX TO THE LAWS.
Titles of lands, acts suspending trials of 388-405-488-494
act appointing commissioners for regulating 392
act for ascertaining, in certain cases, . 411
- act empowering Courts to try, in a certain case 426 - act repealing laws prohibiting trial of 443
Title of certain land confirmed to Jolin Ashley 476
Trial of persons standing mute, regulated 395
Trover and conversion, act for better regulating process in actions of 405 Tender of real estate on execution, act authorising · 406
Tender of specifick articles on executions, acts authorising
461-470
501-508
Tender of paper currency, act for taking off . 446
Troops, acts to supply with provisions 407-429-440
Trade to and through the province of Quebeck, act for the purpose of opening 496 ·
UNION of part of New-York with Vermont, acts connected with 430-431-434 Esury, excessive, act to restrain the taking of · 459
WOLVES and panthers, act to encourage the destruction of 322 Worship, publick, acts empowering towns to levy taxes for build- ing houses for 440-472 Will and testament of Rufus Rude, confirmed ·
469
Windham County, act for raising militia to enforce the laws in
.
476
AN ACT for collecting and perpetuating the records, relative to the assumption and es- tablisliment of government, in this State, und such acts of the Legislature, as are not in print.
SECTION 1. It is hereby enacted by the General Assembly of the State of Vermont, That Daniel Chipman, of Middlebury, iu the county of Addison, be, and he hereby is appoint- ed an agent, to examine and collect all the records of the Council of safety, by which the people, in the then New Hampshire grants, were governed ; and to make a contract for printing and publishing a volume, containing wot less than 450 pages ; and to contain the first Constitution of this State and such of the acts of the Legislature, passed previous to the year, 1787, as said agent shall judge proper, and all the records of said Council of safety, which can be found, and such of the early journals of the Council. and House of Representatives, as such agent shall judge worthy of publication Provided, that the whole expense to be incurred under this act, shall not exceed the sum of three buudred dollars :- And provided also, that said agent shall deliver to the Secretary of State, at Montpelier, fifty full bound volumes of such record. and laws, at the next session of the Legislature. And the person, with whom said agent may contract to print such edition, shall be entitled to the remaining part of the same, after deducting said fifty volumes ; and shall be entitled to the copy right of the book, by him printed
SEC. 2. It is hereby further enacted, that the Treasurer of this State, be, and he here- by is directed to pay to said agent, out of any monies in the Treasury not otherwise ap- propriated, any sum, not exceeding three hundred dollars .- [ Passed Nov. 15, 1821.]
INTRODUCTION.
Tuz general diffusion of intelligence constitutes the life of a free gov- ernment. Upon every department of such a government the people exert an unremitted influence, and stamp on all its measures the impress of their own character. Called upon to act, they should become accustomed to think ; and though they cannot, ordinarily, possess extended and com. prebensive views of other systems of government, they should, at least, understand their own. ; The whole science of government consists in a Knowledge of the practical operation of principles. With the science, thus understood, the citizens of every free government owe it to themselves and their posterity to become familiarly acquainted. The preservation of their political institutions depends, under Divine Providence, on them- selves. Those institutions therefore,-their origin, their nature, their practical operation, and their whole history, should be studied and un- derstood. The man who contemplates the subject in this light, will sit down to the examination of the successive constitutions and laws of a gov- emment, with a far higher aim than the gratification of an idle curiosity. By tracing them to their origin, and pursuing them through their various modifications, he will furnish himself with the best means of understanding the nature and practical tendency of existing institutions. Every govern- ment, therefore, should possess, and should place within the reach of the people, a complete history of its own legislation. Without the possession of such a history, and a practical regard to the lessons it inculcates, legis- lation will be, at best, but a succession of experiments, and, as a necessary consequence, every operation of government will be characterised with in- xability and want of wisdom.
The early institutions of a government are peculiarly liable to be lost sight of, in the progress of improvement. Superceded by new systems, they are supposed to have lost their value, and are permitted to pass into oblivion. This has been, in a peculiar sense, true of the original consti- tution and laws of Vermont. The circumstances under which the gov- ernment was formed, were eminently calculated to give to its institutions an imperfect, unsettled character. At the expiration of seven years, the constitution was revised and altered ; and at the end of the next septenary. was again revised, and adopted in the form which it still retains. In the
.
xvi
INTRODUCTION.
year 1787, the whole system of laws was revised, and formed into a new code, and the statutes passed previous to that time-a few only excepted- were repealed. Thirty five years only, have elapsed, since that revision, and not a single entire copy of the laws passed previous to that time, is to be found. Even the office of the Secretary of State has not preserved · the laws passed during the first year after the organization of the govern- ment.
Whether we regard the ancient constitution and statutes of the State as among the best sources of its early history, or consider them as the parent stock, from which the existing constitution and laws have sprung,- in either view, they assume an importance of no ordinary character. It is matter of astonishment that this importance should have been so long unheeded by the statesmen of Vermont, and that legislative provision for this object, should have been defered to so late a period.
Influenced by the considerations which have been suggested, the Le- gislature, at their session in October, 1821, made provision " for collect- ing and perpetuating the records relative to the assumption and establish- ment of government in this State, and such acts of the Legislature as were not in print."*
By the act making provision for this object it will be seen that the Hon- orable DANIEL CHIPMAN was appointed an agent for the purposes there- in contemplated. He accordingly commenced the collection of materials for the proposed compilation ; but in consequence of the interference of other duties, committed its further prosecution, to the present publisher, who has thus, unexpectedly, taken upon himself the labor and responsibil- ity of compiling the work.
It will be seen by a reference to the act, in pursuance of which this pub- lication was undertaken, that little more was originally contemplated, than to collect such records as should perpetuate a history of the Legisla- tion of the State, down to the year 1787. In prosecuting the collection, however, and particularly, in the effort to recover that portion of the jour- nal of the Council of safety which was unrecorded in any publick office, a great number of valuable historical papers were discovered, connected with a period, anterior to the formation of a regular government, and com- mencing previous to the existence of any kind of political organization in the State. On examining these papers, it was found that they were sus- ceptible of an arrangement which would exhibit a connected view of the principal events which form the early history of Vermont.
They commence with the controversy between the Governors of New_ York and New-Hampshire, relative to the jurisdiction of the territory,
* See the act above alluded to, page xiv.
-
xvii
INTRODUCTION.
which now constitutes the State of Vermont. This controversy was con- tinued from the year 1749, to the year 1764 ; when, by an order of the King in Council, the question was decided in favor of New-York, and the claim of that province, to jurisdiction, as far east as Connecticut river, was confirmed. To this order the government of New-York gave a con- struction which involved the question of title, under the grants previously made by the government of New Hampshire. It was contended that his Majesty's order had a retrospective operation, and that the New-Hamp- shire grants were thereby rendered void .. Upon this ground, the settlers were called on to surrender. their charters, and re-purchase their lands, under grants from the governor of New-York. This demand they re- sisted, and with this resistance commenced a controversy which was con - ducted with singular violence, and continued, with little interruption, during a period of twenty six years.
Connected with this controversy was that which arose in the year 1778, between the States of Vermont and New-Hampshire; and with both these, were closely interwoven the interesting events resulting from the ap- plication of Vermont for admission into the union. All the papers, there- fore, which the compiler could collect, throwing any light on either of these branches of the history of Vermont, have been preserved in this vol- une. The papers, thus collected, have been arranged in chronological order, and connected with each other by the occasional introduction of such facts, derived from other sources, and such reflections, suggested by the current of events, as might tend to render the whole an intelligible, unbroken history of the State, from the very dawn of its existence to the time when it was admitted as a member of the American confederacy. Taken in their connexion with each other, these documents exhibit, per- haps, a more just and complete view of events, in their original charac- ter, and in all their relations, than can be derived from any other source.
There is a view however, in which many of them possess a much higher
. The materials from which this part of the collection has been formed, have been de- rived, principally, from the following sources, viz :-
" A vindication of the opposition of the inhabitants of Vermont to the government of New- York, and of their right to form into an independent State"-written by Ethan Allen, and published under the sanction of the Governor and Council, in the year 1779-in which are Qued many of the most interesting documents relating to the controversy with New- York.
A work of a similar character, published by the same author in the year 1774-[The former of these has hren found in the possession of the Hon Stephen R Bradley, and the latter in the possession of the Hon. David Fay ]
A series of historical papers preserved in the Rural Magazine, published by Dr. Williams, in the year 1795
Williams' and Allen's histories of Vermont.
Journals of the Legislature of Vermont, and of the Congress of the United States ::. and sundry papers found in the office of the Secretary of State.
3
xviii
INTRODUCTION.
interest than when regarded as a mere record of events. They introduce us to an intimate acquaintance with the fathers of Vermont, and exhibit them in all the interesting peculiarities of their character.
The first settlers of the State consisted of a plain, industrious, hardy race · of men, who emigrated to " the grants," not with the view of establishing an independent government, but to cultivate the soil, and procure a com- petency for themselves and their children. Whether they were to be un- der the government of New-Hampshire or New-York, was, to them, a matter of indifference, provided they were permitted to enjoy, unmoles- ted, the hard earned fruits of their industry. With these views they in- vested their estates in lands, and proceeded in the cultivation and improve- ment of them, with a confident reliance on the security of titles derived from the crown. In this state of things, they were suddenly met by the claims of New-York, to their whole territory. Grants of their lands were made to citizens of that State-actions of ejectment were commenced- judgments obtained-writs of seizin issued, and the posse commitatus raised, to drive them from their possessions. To them, submission was ruin. Resistance, therefore,-determined resistance, was the only alternative.
It is easy to perceive that the controversy, thus commenced, was of a character, calculated to rouse to their highest effort, the moral and intel- lectual energies of our nature; and it is in this view, that many of the documents connected with it, assume an importance which they could not otherwise possess. In perusing them, we catch the living expression of the times. The actors in those eventful scenes which dis- tinguish that period of our history, rise in full view before us, and we seem to converse, and become familiarly acquainted, with the Allens and Warners and Chittendens of ancient days. In the view here taken, no- thing can supply the want of these original papers. Like the human countenance, in all its peculiarities of expression, they mock the highest effort at imitation or description.
The papers which form the first part of this collection have been se- lected, principally, with a reference to the relations of Vermont with other powers, and therefore exhibit but an incidental view of the internal or- ganization of the State. To the latter object the remaining part of the collection is devoted ; and commences with the journal of the Council of safety.
The history of the government of Vermont, previous to the adoption of the Constitution is involved in much obscurity. We frequently hear of Committees, and Councils, of safety, and curiosity prompts to an enquiry into their origin and the nature and scope of the powers with which they were invested. It should be remembered, however, that the very nature of the subject forbids the hope of arriving at any definite conclusions. The truth is, there was no regular government in the State. Every thing
-
xix
INTRODUCTION.
was unsettled ; no social compact existed, nor any bond of union; save that which resulted from common wants and common dangers ; and every thing that bore the semblance of organization, was the premature off- spring of urgent necessity. But. one sentiment prevailed in relation to the claims of New-York. On the full . exhibition of their extent, every man's arm was instantly nerved for resistance, To give effect to this re- sistance, town meetings were held-committees of safety were appointed- and general conventions of these committees were called, on important occasions." Originating in the necessity of resistance to the clainis of New-York, the proceedings of these conventions appear to have been confined to that object. Remonstrating with the Governor of that Pro- vince-addressing the people-passing decrees, forbiding the exercise of au- thority, and the acceptance of grants, under New-Yorkt and ordering the application of the " beach seal" as a terror to evil doers, appear to have constituted the scope of their power.
On the 2d of July, 1777, the Convention that formed the Constitution, appointed a Council of safety, to act until the government should be or- ganized ;} and it is the journal of this Council which forms a part of this collection. This is the first Council of safety, of whose appointment or proceedings we have any distinct, satisfactory account. That such a body existed, previous to the time above mentioned, is certain; yet, with respect to the date of its original institution, the number of which it was composed, the method of electing its members, and the extent of the powers it exercised, we are left wholly to conjecture.
The journal of the Council of safety, which we have preserved, exhi- bits an interesting and curious example of the combination of legislative, judicial and executive power, in a single body of men. The government was, in principle, nothing short of absolute despotism ; and it evinces no ordinary devotedness to the common cause, that a people, as tenacious of their rights as were the people of Vermont, should, for a moment, have submitted to the administration of such a government." It is worthy of remark, however, that the exercise of this dangerous power, as the jour- nal of that Council plainly evinces, seldom exceeded the limits prescribed by · just regard to the publick safety.
The journal of the Council of safety closes the long period of misrule in Vermont, and introduces us to a new and important era. Under the Constitution, adopted in the year 1777, a government was organized, and commenced its operations, on the 13th of March, 1778. A history of its legislation, up to the year 1787, may be found in the journals and laws embraced in this collection. These laws have been selected from the mass of statutes passed within the period embraced in that department
* See proceedings of these Conventions. pages 33, 38, 604
t See page 36 .- 1 See page 79.
XX
INTRODUCTION.
of the work. In making this selection, the first object of the compiler has been to retain those statutes, which form the basis of the most important part of our present code. " Although these statutes may, by many, be regarded as interesting, only on account of their antiquity, . the enlightened civilian will understand and appreciate their importance, not only as matter of history, but as furnishing, in many cases, an invalu- able key to the just construction of existing laws. [ & . .
Many statutes have been retained in this collection, merely as historical papers ; and the value of all the ancient statutes is, in this respect, great- ly enhanced by the preambles with which they are generally introduced. The few acts of a private nature which have been preserved, have been introduced into the collection, for the purpose of showing, more fully, the extent of the powers exercised by the Legislature, during the period to which they belong. All the acts relating to proprietors meetings, the re- gulation and establishment of town lines, and the levying of taxes, have been omitted. These acts, together with a number of others, omitted, are preserved in the appendix to the revised laws of 1797.
The compiler could not, consistently with a just regard to the interests of the State, close this work without attempting to rescue from oblivion the important and interesting proceedings of the first Council of Censors. After witnessing the flagrant 'violations of the Constitution, and, indeed, of all just principles of legislation, which appear in many acts of the Le_ gislature, during the first septenary, it is peculiarly gratifying to be intro- duced to a body of men, so distinguished for correct, elevated views, sound wisdom, and dignified firmness, as were the members of that Council. Their address to the freemen is, in many points of view, the most impor- tant document to be found in this collection ; and will never cease to be interesting to the people of Vermont, until they cease to be under a gov- ernment of laws.
It has been thought proper to preserve in this collection, the Constitu- tion as revised by the first Council of Censors, and proposed for the con- sideration of the people ; and also to present a summary view of the a- mendments proposed by the second Council, in the year 1792,-thus pre- serving, in connection with the original Constitution, all the proposed a- mendments of that instrument, previous to its adoption, in the form in which it now exists.
. The compiler owes it to himself to state, that the selection, arrangement, and preparation, of the materials which compose this work, have been made under circumstances of great embarrassment, arising from ill health, and the constant pressure of official duties,-an embarrassment which has been felt, in a degree proportionate to the severe labor, incessant care and high responsibility connected with the execution of such a work.
MIDDLEBURY, FEB. 13, 1823.
RECORDS AND DOCUMENTS, &c.
THE first Settlement, within the Territory, now known by the name of Vermont, was made at Fort Dummer, (in the present County of Wind- ham,) in the year 1724, under a grant from the Provincial Government of Massachusetts. Previous to this grant, a controversy had existed be- tween the Provinces of Massachusetts and New-Hampshire, relative to their line of Jurisdiction. This controversy continued until the year 1740, when the King in Council decided; "that the northern boundary of the Province of Massachusetts be a similar curve line, pursuing the course of Merrimack river, at three 1. Ves distance, on the north side thereof, beginning at the Atlantic Ocean, , ad ending at a point due north of Patucket falls ; and a straight line drawn from thence, due west, till it meets with his Majesty's other Governments."
This determination established the line which now separates the ju- risdiction of Massachusetts and Vermont, and brought within the juris- .diction of N. Hampshire, the Settlements which had been made at Fort Dummer.
In the year 1741, Benning Wentworth was commissioned as Governor of N. Hampshire. By the Settlement of the boundary between N. Hamp- shire and Massachusetts, as well as by other Acts of the British Govern- ment, it was understood that the Jurisdiction of the former Province was established as far west as Massachusetts had claimed and exercised ; that is, to a line twenty miles east of Hudson's river., Accordingly, on the 3d of January 1749, the Governor of N. Hampshire, " made a grant of a Township, six miles square, situated twenty miles east of Hudson's river ; ,which, in allusion to his own name, was called Bennington."*
Numerous applications being made for grants of lands in the vicinity of the Province of N. York, Governor Wentworth, with a view of ascer- ·taining and settling the western line of his Jurisdiction, opened the follow- ing correspondence with the Governor of that Province.
Williams history.
10
CONTROVERSY WITH NEW-YORK.
Letter from the Governor of New-Hampshire to the Governor of New-York.
SIR,
PORTSMOUTH, Nov. 17, 1749.
I have it in command from his Majesty, to make grants of the unim- proved lands within my government, to such of the inhabitants and others as shall apply for grants for the same, as will oblige themselves to settle and improve, agreeable to his Majesty's instructions.
The war hitherto has prevented me from making so great a progress as I hoped for, on my first appointment ; but as there is a prospect of a lasting peace with the Indians, in which your Excellency has had a great share, people are daily applying for grants of land in all quarters of this government, and particularly some for townships to be laid out in the western part thereof, which will fall in the neighbourhood of your govern- ment. "I think it my duty to apprise you thereof, and to transmit to your Excellency the description of New-Hampshire, as the king has determin- ed it in the words of my commission, which, after you have considered, I shall be glad you will be pleased to give me your sentiments in what manner it will affect the grants made by you or preceding governors; it being my intention to avoid, as much as I can, consistent with his Majes- ty's instructions, interfering with your government.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.