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 26

Author: Vermont. cn; Slade, William, 1786-1859, comp; Vermont. Council of Safety, 1777-1778; Vermont. General Assembly. cn; Vermont. Council of Censors, 1785-1786; Vermont. Council of Censors, 1792; Vermont. Constitution; Vermont. Secretary of State. cn
Publication date: 1823
Publisher: Middlebury, J. W. Copeland, printer
Number of Pages: 1168


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 26


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THOMAS CHITTENDEN, Pres. In Council of Safety, Aug. 27, 1777.


To Mr. Harris,


You are hereby directed to employ some men to harvest Mr. Brack- enridge's wheat, and put the same into his barn. You also pay the ex- pense out of the wheat, and what is not wanted, for the use of the fant- ily, you will keep, until further orders from this Council.


By order of Council,


IRA. ALLEN, Sec'y.


COUNCIL OF SAFETY .. 201


In Council of Safety, Aug. 28, 1777.


To Mr. David Fassett-Sir,


You will proceed to Mr. James Brackenridge's, and make strict exam- ination of his improvements, or lands adjoining; and if you find any stock or other effects, which you have reason to suspect, belongs to any enemical persons within this State, you will seize the same, and cause it to be brought to this Council, as soon as may be.


By order of Council,


IRA ALLEN, Sec'y.


In Council of Safety, August 29, 1777.


1


To Mr. David Fassett-Sir,


You are to proceed to the house of Mr. - - ,* of Shaftsbury, and seize all his lands and effects, of whatsoever name or nature, and bring all his writings, together with all his movable effects, to this Coun- cil, excepting two cows and such other effects as are wanted for the sup- port of said -'s family, which you are to leave with the woman, ta- king a proper account of them.


By order of Council,


IRA ALLEN, Sec'y.


In Council of Safety, Aug. 29, 1777. To Mr. Jesse Burke, Westminster-Sir,


You will bring Capt. ---* of Putney, now in your care, to this Council, as soon as may be.


By order of Council,


THOMAS CHITTENDEN, President.


In Council of Safety, Aug. 29, 1777.


To the Committee of Safety, in Windsor, and the adjacent Towns, in this State-Gentleman,


All such persons as you shall have sufficient evidence exhibited against, on trial, as to prove them so far enemies to the liberties of America, as to be dangerous persons to go at large, you will send to Westminster goal, and put them in close confinement. If you send any prisoners to said goal, you will send a proper guard ; provided it should happen be- fore any prisoners or guards should be sent from this.


By order of Council,


THOMAS CHITTENDEN, President,


In Council of Safety, Aug. 29, 1777.


To Mr. Benjamin Fassett-Sir,


You are hereby directed to proceed to Pownal, and bring from some of the Tories that are gone to the enemy, or otherwise proved themselves to be enemies to their country, a load of sauce, for the use of the wound- ed prisoners liere ; and make returns to this Council of what you bring; and from whom. You will leave sufficient for their families.


Per order,


THOMAS CHITTENDEN, President.


* See note, page 198


B 2


1


202


JOURNAL OF THE


In Council of Safety, Aug. 29, 1777.


Whereas, his honor, Major General B. Lincoln, has requested this Council to raise a part of the militia of this State, to serve in Continen- tal service, agreeable to the Resolution of the Hon. Continental Congress of the United States ;- in obedience to which, this Council have hereto- fore resolved, that three hundred and twenty-five men of the militia of this State, should be raised for the defence of this, and the United States of America :- and whereas, the price of all kinds of provisions and clothing, are raised to exorbitant prices-


Resolved, therefore, that fifty shillings per month be paid to each per- son that shall serve agreeable to the aforesaid Resolutions, in addition to their Continental pay.


By order of Council,


IRA ALLEN, Scc'y. In Council of Safety, Aug. 29, 1777. To the Hon. Major General Lincoln-Sir,


The following contains a list of the Tories of this State, and the sev- cral erimes with which they stand charged, viz :-* - - and -, by their own confession, are found guilty of assisting the enemy in disarming the inhabitants of Sandgate, within this State.


- -- , and - -, acknowledge they voluntarily joined the enemy, and were taken in action, the 16th inst.


-, was taken in action the 16th instant, and, by his own con- fession, fired his piece three times, on General Stark's brigade. , voluntarily applied to Mr. Skeene, took his protection, -- procured a quantity of ammunition - promised a number of cattle, car- riages, &c. . Taken by Col. Warner, on his return, endeavoring to carry his projects into execution.


- and -- confess they were conversant with the ene- my, -have taken protection, and voluntarily assisted them with teanis, provisions, &c.


found to be in the aforesaid action, and supposed to be in arms.


The evidence against him enclosed.


The above are the whole which the Council have in custody, except some few who have been brought so late, the evidence have not, as yet, arrived.


I am, Dear General, Your most obedient, humble servant, THOMAS CHITTENDEN, President.


In Council of Safety, Aug. 30, 1777.


-* and


- are permitted the liberty of this


town, until further orders from this Council.


By order of Council,


IRA ALLEN, Sec'y.


* Sce note, page 128.


203


COUNCIL OF SAFETY.


--* , of Munro Patent, and , of little White Creek, are permitted to return to their several habitations, until further orders, they behaving as becometh. By order of Council,


IRA ALLEN, Sec'y. In Council of Safety, 2d September, 1777. To Lieut. Ebenezer Hyde Sir,


You are hereby required to examine the goods deposited in the cart, now in the care of Seth Kealer, and report the several articles particu- larly, which are not wearing apparell ; for which this shall be your suf- ficient warrant. You will make returns, as soon as may be.


By order of Council,


IRA ALLEN, Sec'y.


In Council of Safety, 3d September, 1777.


Capt. Elijah More of Putney, and Capt. Leonard Spauldin, are ap- pointed Commissioners of Sequestration, &c.


-- --* is permitted to return home, and remain on his father's home farm, (and if found off, to expect thirty-nine lashes of the beach seal,) until further orders from this Council.


Thomas Green is permitted to return home, on the recommendation of Major Younglove, until further orders.


In Council, 3d Sept. 1777.


To Thaddeus Harris, of Bennington-Sir,


You are directed to deliver all the cattle in your care, or in' Mr. Breck- enridge's enclosures, that you know, or have reason to believe, belongs to the State of New-York, to Major Younglove; as he is one of the Commissioners of Sequestration for said State.


By order of Council,


IRA ALLEN, Sec'y.


In Council of Safety, 3d Sept. 1777.


'Then personally appeared David Smith, and acknowledged himself bound in a recognizance of one hundred pounds, to the Secretary of the Council of the State of Vermont, that Capt. Michael Lantman shall ap- pear before the General Committee of Albany, within six days, to an- swer any complaint that may be exhibited against him.


In Council of Safety, 4th Sept. 1777.


"To the officer commanding the guards at Capt. Dewey's barn - Sir,


You are hereby authorised to remove all the prisoners to the school- house, and see that there is a proper guard over them, except those that


* See note, page 198.


201


JOURNAL OF THE


are wounded. If there is sufficient room for them in the meeting-house, you are to put them there, in lieu of the school-house. By order of Council,


IRA ALLEN, Sec'y ..


Capt. Joseph Ingley has a permit to take a bay mare, taken from Capt. Hard's son, and use, during the pleasure of Council.


By order of Council,


IRA ALLEN, Sec'y.


In Council, 4th Sept. 1777.


To all whom it may concern,


You are hereby required to deliver unto Capt. Sunderland, the bearer, such arms and other accoutrements, as you have taken from the field of battle, in Hubbarton ; and, on the receipt of your accounts, you will be reasonably paid for your trouble.


By order of Council,


IRA ALLEN, Sec'y. In Council of Safety, 4th Sept. 1777. This Council having heard the evidences against * heard his evidence, and considered the case, with all the attending cir- constances, do judge and order that the said Bostwick pay a fine for the use of this State, of three pounds, and stand committed until this judg- ment be complied with.


By order of Council,


THOMAS CHITTENDEN, President.


Thomas Bull has given his word, for the above sum, to be forthwith paid.


In Council, 4th Sept. 1777.


This Council, having before them -- -* , who stands charged with being an enemy to the United States of America, having heard the witnesses, and considered them, with all the attending circumstances, do judge that the said - is an enemy to the said States, and a dangerous person to go at large ;- therefore order that he be committed to close confinement, until released, by order of this Council.


By order of Council,


THOMAS CHITTENDEN, President.


In. Council of Safety, 4th Sept. 1777.


Resolved, that Gen. Jacob Bailey, Doct. Jonas Fay, and Capt. Ira Allen, be a committee to wait on the Hon. Major General Lincoln, to assure him that every aid and assistance in the power of this Council,' will be granted him, on the earliest notice.


By order of Council,


IRA ALLEN, Sec'y.


· See note, page 198.


205


COUNCIL OF SAFETY.


" Jonathan Smith is permitted to pass to Litchfield, in Connecticut, and return in fifteen days .*


In Council of Safety, Bennington, Sept. 5, 1777. To whom it may concern.


Permit -t to. pass the guards from this to Manchester, . and remain on his farm, during his good behavior, or the pleasure of this Council, ¿ Per order, THOMAS CHITTENDEN, President. Let him take his oxen and cart.


In Council of Safety, 6th Sept. 1777.


To Mr. David Fassett - Sir,


Agreeable to General Lincoln's request to this Council, you are direct- ed to engage five teams, to carry flour to Manchester, this day.


By order of Council,


IRA ALLEN, Sec'y. In Council of Safety, Sept. 6, 1777 ..


To Capt. William Fitch-Sir,


You are hereby directed to deliver to Capt. Goodnough, the bearer, two sides of leather, out of Marsh's fatts, and out of his leather, taking his receipt for the same, after appraised.


By order of Council,


IRA ALLEN, Sec'y.


Resolved, that Mr. Joseph Fay be, and he is hereby, appointed Secre- tary to this Council.


ATTEST?


IRA ALLEN, Sec'y.


Bennington, Sept. 6, 1777.


This may certify, to all whom it may concern, that Brigadier General Stark has, this day, made a present of one Hessian broad sword, to the Hon. Council of the State of Vermont, in order to be kept in said Coun- cil Chamber, as a memorial, in commemoration of the glorious action fouglit at Walloomsack, August 16, 1777 ; in which case, the exertions of the said Council, was found to be exceeding servicable.


By the donor's order,


JOHN CASEY, A. D. Camp.


In Council, 6th Sept. 1777.


To me General Committee at Albany.


' 'The following contains a list of persons, belonging to the State of New-York, confined, on suspicion of being enemies to the United States


* We find incorporated in this journal, a great number of licenses similar to this ; which we have omitted, to avoid incumbering the work with unnecessary repetitions.


i See note, page 193.


206


JOURNAL OF THE


of America, viz ;


- -, and - * The above are the whole which the Council have-in custody. I am, Gentlemen, Your most obedient, humble servant, THOMAS CHITTENDEN, President.


To the Hon. Major General Gates.


. The following contains a list of the tories belonging to this State, and the several crimes with which they stand charged, viz :-


-* has joined a tory seout, under arms, and assisted them in taking, and keeping, a prisoner ; and, by his own confession, given hard inoney to several young men, to induce, and enable, them to join said scout, and go to the British troops.


went voluntarily, under arms, to the enemy's camp, and was taken on the 16th day of Angust, in the memorable battle fought near this place. The reason of his being sent in irons is-he has once broke from the guards, and got some miles, before retaken.


This committee wish those persons to be sent on board the guard ships in the north river, or otherwise dealt with, as your honor, in your great wisdom, shall think proper.


I am, Dear General, Your most obedient, humble servant, THOMAS CHITTENDEN, President. * being arraigned for enemical conduct towards the United States of America ; this Council having heard the evidence against the said -, and his arguments, and having duly deliberated on the same, do judge and order, that the said - - pay a fine for the use of this State, of twenty pounds, and stand committed until judgment is complied witlı.


. Sept. 11. Judgment is complied with, and he has taken the oath of allegiance, and is acquitted.


In Council of Safety, Gth Sept. 1777.


* is proved an enemy to the United States of America, by words and actions, and is judged a dangerous person to go at large. - las taken protection under General Burgoyne, and been very officious in assisting him ; - by his own confession, been to the regu- lars, and drove cattle.


-, and - - -, proved to have been aiding and assisting the British troops, and are dangerous persons to go at large.


This Council having heard the witnesses, with all the attending circum- stances, of the several persons above named, do judge aud order, that said persons be committed to close confinement, in the counnon jail at Westminster, until released by proper authority.


By order of Council,


THOMAS CHITTENDEN, Pre ..


* Ste note, page 198.


207


COUNCIL OF SAFETY.


In Council of Safety, 6th Sept. 1777.


The Council's compliments most cordially wait on his honor Brigadier General Stark, with their sincere thanks for the honor the General has been pleased to do them, by presenting them with a Hessian broad sword, taken by a number of troops from the State of New Hampshire, and elsewhere, under his immediate command, in the memorable battle fought in Walloomsack, near this place, on the 16th of August last ; and also for the honor the General has been pleased to do them, in applauding their exertions in a public weal, as a Council.


JOSEPH FAY, Sec'y. Brig. Gen. Stark.


In Council of Safety, Sept. 8, 1777.


. Whereas, complaint has been made to this Council, against you, for disposing of cattle and horses belonging to this State, you are therefore hereby summoned to appear before this Council, to answer the complaint, immediately.


Per order, THOMAS CHITTENDEN, Pres.


To Wm. Searls, Jun. of Arlington.


To Capt. Jonathan Fassett,


You are hereby authorised to procure, or impress, ten teams, immedi- ately, for the use of forwarding provisions to the army.


By order of Council,


THOMAS CHITTENDEN, President. In Council, Sept. 8, 1777.


To Capt. Ebenezer Allen - Sir,


This day received yours of the 6th instant, dated at Manchester, re- questing this Council to furnish you with shoes. We have taken the same into consideration, and do hereby recommend to you to take some leather out of Marsh's tan-yard, at Shaftsbury, and make moccasons, to answer the present purpose, until shoes can be procured. You are to make application to Capt. Fitch, or the person who has the care of the yard. The leather is to be appraised, and returns made to this board.


By order of Council,


THOS. CHITTENDEN, President.


The following is a copy of a complaint received from Lt. Isaac Clark. Bennington, Sept. 8, 1777.


To the Council of Safety, I, the subscriber, complain of ----- ,* of Castleton, for going to the ministerial army, and serving, as a conductor of teams, in the king's service, as doth appear by his writings.


ISAAC CLARK, L.


* Sce note, page 199.


208


JOURNAL OF THE


In Council of Safety, Sept. 8, 1777.


To the officer of the main guard,


You are hereby required to take the body of -,* and him safely keep in the guard-house, until further orders from this Council. . You are also to continue him in irons. * By order,


JOSEPHI FAY, Sec'y.


In Council, Sept. 9, 1777.


Chareles Brewster is appointed one of the Commissioners of Seques- tration for this State.


Resolved, that the estate of of Manchester, be confiscated to the use of this State, for his enemical conduct towards the United States of America.


In Council of Safety, Bennington, Sept. 9, 1777.


Resolved, that - -* be committed to close confinement in the common gaol in Litchfield, in lieu of Westminster gaol.


To all whom it may concern,


Permit Messrs. Lemuel Canfield and Jabez Wooster to pass to Ar- lington, and move to this place -- 's family and moveable effects, and lease out his farm.


By order of Council,


THOMAS CIHTTENDEN, President


In Council, 10th Sept. 1777.


Whereas William Searls, Jun. has disposed of one yoke of oxen, which is the property of -* of Manchester, who has been apprehended as an enemy to the United States-


Resolved, therefore, that said Searls be, and hereby is directed, imme- diately to pay into the Treasury of this State, seventy-four dollars, which was the sum he received for said oxen.


By order, JOSEPH FAY, Sec'y.


Execution issued on the above judgment, to Ebenezer Wallis.


In Council of Safety, 11th Sept. 1777.


To Peter Harwood,


You are directed to receive the sick person, in David Fassett's care, into your house, and keep until further orders.


By order of Council, THOMAS CHITTENDEN, President.


-* is permitted to go to Arlington, to see his wife, as sht is sick, and return again in thirty-six hours.


*: See note, page 193.


209


COUNCIL OF SAFETY.


In Council, 12th Sept. 1777.


To Freegift Cole-Sir,


You are required to deliver to Lieut. Isaac Clark, five sides of leath- er, out of the leather belonging to Marslı, and take his receipt for the ame.


By order,


JOSEPHI FAY, Sce'y.


Whereas, sundry persons in this State, have been so lost to a sense of the duty they owe to the Supreme Arbiter of rights, and their country, friends and relations, as to join the tyrant of Great Britain, together with his foreign mercenary troops, and cruel savages in arms, and have been flagrantly guilty of shedding the blood of their innocent neighbors and friends ;- and whereas several women, wives to those merciless and unproked murderers, have aided and assisted in bringing about such their designs, by harboring, secreting, feeding, and giving private intelligence to such emissaries of Great Britain, and, by riding post, carrying intelli- gence to the enemies' camp and scouts, are found to be dangerous per- sons to society, and instruments of great mischief to this, and the United States of America ;


Resolved, therefore, that all such persons as have joined, or may here- after join, the British troops, and left, or may hereafter leave, their wives and families within this State, have their wives and families sent to Gen- eral Jolin Burgoyne's head quarters, or some other branch of the mini's- terial army, as soon as may be.


By order of Council,


JOSEPH FAY, Sec'y.


In Council of Safety, 12th Sept. 1777.


Then voluntarily appeared before this Council, * and ac- knowledgeth himself guilty of taking his arms and joining the infamous 's company, and going with them to the British army,- praying this Council to take him under their protection, and deal with him according to their judgment and discretion ;-


This Council having taken the same under their consideration, do judge that, on liis dispensing with the loss of what he has already sustain- ed, and voluntarily taking the oath of fidelity to the United States of America, he be dismissed.


By order of Council,


JOSEPH FAY, Sec'y.


To whom it may concern,


Permit - - - to pass from this to his farm in Manchester, there to remain unmolested ; he behaving as becometh a friend to his coun- try,-as he has taken the oath of allegiance to the States of America. By order,


JOSEPH FAY, Sec'yı.


* Sec note, page 193.


Ç 2


210


JOURNAL OF THE


Resolved, that -* be permitted to go to his brother's, in White Creek, and there to remain until further orders from this Council, upon giving sufficient bail.


In Council of Safety, Sept. 12, 1777.


Then personally appeared John Curtis, and acknowledges himself bound to the Treasurer of this State, in a recognizance of two hundred pounds, that - * shall be ready at his house, to answer the call of this Council, at any time.


By order of Council,


THOMAS CHITTENDEN, Pres.


* having voluntarily appeared before this Council, and acknowledged himself guilty of taking up arms, and joining the in- famous -s' company, and joining the British army, praying this Council to take him under their protection, and deal with him ac- cording to their judgment and discretion :-


This Council, having taken his case under their consideration, do judge and order, that the said pay, as a fine, the sum of twenty pounds, and stand committed until this judgment is complied with ; and the said - voluntarily take the oath of fidelity to the U- nited States of America-then to be discharged.


By order of Council, JOSEPH FAY, Sec'y.


The above judgment is satisfied, in cash. JOSEPH FAY.


In Council, Sept. 12, 1777.


This Council, on reconsideration, vote and order that * pay thirty pounds, L. money, as a fine for the use of this State, and be released from any further confinement.


Per order,


JOSEPH FAY, Sec'y.


Resolved, that - * be permitted the privilege of letting his farm and effects, in Arlington, remain in the hands of Deliverance Squire, unmolested, as he has satisfied this Council for his past conduct, and taken the oath of fidelity to the United States of America.


By order of Council,


THOMAS CHITTENDEN, President


Received of Nathan Canfield, one pair blacksmith's bellows, one an- vil, one vice, without screw, and one pair of tongs, which was the prop- erty of Samuel Buck, of Arlington. In behalf of the Council, received. Per,


JOSEPH FAY, Sec'y.


* See note, page 198.


211


COUNCIL OF SAFETY.


In Council of Safety, 18th Sept. 1777. -*-- Sir,


. I received your's of yesterday's date-also received verbal accounts from your father. Am surprised at both :-


First, the account in your letter; when you say that what you ever be- lieved, you now know to be true, viz .- that the protection of the States was the best-considering the conversation I have lately had with you, and your conduct.


Secondly-that you should think strange that we should take care of your interest, when we had certain intelligence that you had joined our wvowed enemies, and was actually in their service; and


Thirdly-that you should attempt to escape, when you was taken by our people, on your return ; which circumstance would have been much in your favor, even if they had brought you in. You were much to blame in breaking away from the guard.


However, what provocation you had to conduct in that manner, is yet unknown to me ; yet, notwithstanding, as it appears by your letter, and your father's request, that you have a desire to be received into favor of your country, I am to inform you, that if you see cause to come to this Council, you may depend on being used as well as you can reasonably expect, when all the circumstances of your case are known. Those per- sons that took you, must be present, when you come. If you think best to come, it must be within two days from this date ; and this shall be your sufficient warrant, on the way.


By order of Council, I am, Sir, yours,


THOMAS CHITTENDEN, President.


In Council of Safety, 20th Sept. 1777.


The Council beg leave to return their sincere thanks to the Bon. Brig- adier General JOHN STARK, for the infinite service he has been pleased to do them, in defending them and their constituents, from the cruel and bloody rage of their unnatural enemy, who sought to destroy them, on the 16th day of August last They also return their grateful acknowl- edgements, for the honor the General has been pleased to do the Council, by presenting them with one Hessian gun with bayonet, one broad sword, one brass barrell'd drum, and one grenadier's cap-taken on the memo- rable 6th of August, aforesaid for the use of this State. "The Gene- ral may rely, that they will be reserved for the use they were designed.


·I am, Dear General, with sentiments of esteem, Your most obedient, humble servant, THOMAS CHITTENDEN, President. Gen Stark.


The bearer, Samuel Trowbridge, is permitted to pass to Arlington, and remove his family down the country, as he has taken the oath of fidelity.


By order of Council,


THOMAS CHITTENDEN, President.


/ See note, page 193.


212


JOURNAL OF THE


In Council of Safety, 17th Sept. 1777.


Resolved, that whatsoever of the goods or chattels, that was his prop- erty, (viz. --* ) -- has been taken by our scouts, we make him no compensation ; but he to bear the loss, on the Council giving him, the said -, a pass to return to his habitation, and there to remain, under our protection, on his good behaviour for the future.


By order of Council,


THOMAS CHITTENDEN, President.


In Council of Safety, 19th Sept. 1777.


Permit Garret Williamson to take a red roane horse, that belongs to himself, or his son, lately taken by Lt. Isaac Clark. By order of Council,


THOS. CHITTENDEN, President.


In Council, Sept. 20, 1777.


Resolved, on reconsideration, that * pay a fine of forty pounds, ten shillings, for the use of this State, and to stand committed until this judgment is complied with. By order of Council,


THOMAS CHITTENDEN, President.


Received, the above sum of £40: 10: 0, at two several payments, in behalf of the Treasurer.




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