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 27
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JOSEPH FAY, Sec'y.
In Council of Safety, Sept. 19, 1777.
The bearer, Capt. Ebenezer Willoby, having passed examination be- fore this Council, has leave to return to his home, at Arlington ; to re- turn the arms belonging to Mr. Moore, or the guard he set over him, and return to this Council within five days from this date, on the parole of honor ; having first notified Mr. Moore to attend on this Council with him, or bring a line from said Moore, to signify that all matters in dis- pute between them, is finally settled with Capt. Willoby. Should Mr. Moore refuse, it is accepted he will attend, on this notice.
By order of Council,
JOSEPH FAY, Sec'y.
In Council of Safety, 19th September, 1777. 'T'o Capt. William Fitch-Sir,
Whereas, Mr. Timothy Mead has, some days past, made application to this Council, to take thirteen sheep out of the tory flock in Arlington, in lieu of that number which he lost,-this Council positively orders that none be delivered, until further evidence can be had.
I am, Sir, your humble servant, By order of Council,
JOSEPH FAY, Sec'y.
# See note, page 108.
213
COUNCIL OF SAFETY.
Bennington, Sept. 21, 1777.
(CIRCULAR.)
· To all gentlemen concerned
The Council enclose a copy of the Hon. General Gates' particular and positive orders, of this date, to you, which he requests may be for- · warded to you, with the greatest speed. It seems that your assistance can never be more wanted than at this critical moment. The armies are now in such position, as renders it impossible for the enemy to avoid an action. It is a thing almost impossible for them to retreat ; therefore, if you will now instantly give your assistance, you never can have it in your power to do yourselves, and your country, a greater service. So favorable a prospect of success, in the northern department, never before appeared. Pray exert yourselves, this once, and the matter cannot de- tain you long.
I am, Dear Gentlemen, with great anxiety, By order of Council, Your most obedient, humble servant, THOMAS CHITTENDEN, President.
In Council of Safety, Sept. 22, 1777. . To Capt. Jonas Galusha-Sir,
You are hereby directed to repair, with the fifty men of the militia of Col. Moses Robinson's Regiment, now under your command, to the Hon. Major General Gates' head quarters, who is the commander in chief of the northern department. You will, on your arrival, put yourself un- der his immediate command, where you will receive orders, during the time you are engaged for, unless sooner discharged by him, or some other Continental officer, commanding the northern department ; during which time, you will strictly adhere to, and follow, such orders and directions, as you shall, from time to time, receive from your superior officers.
To Lieut William Hutchins.
Sir You being the next officer in command, and Capt. Galusha he- ing unable to attend the service, will take the above conmand, and see the orders duly executed.
By order of Council,
JOSEPHI FAY, Sec'y.
In Council of Safety, Sept. 24, 1777. To Mr. Conner,
You are hereby ordered to deliver to Mr. William Broomley, his cow, that you have in your keeping, as I am informed that your cow is in Shaftsbury, and can drive her home.
By order of Council,
JOSEPH FAY, Sec'y.
Nathaniel Mallary is permitted to join Capt. Smith's company, as he had engaged to take arms in defence of the liberties of America. By order of Council,
JOSEPH FAY, Sec'y.
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JOURNAL OF THE
* sentenced to pay a fine of fifteen pounds, to satisfy the judgment of this Council against him, for enemical conduct towards the United States.
By order of Council,
JOS. FAY, Sec'y.
In Council of Safety, Sept. 24, 1777.
In consequence of a letter received from Col. Benjamin Simonds, for horses to forward flour to the relief of General Warner, at Tyconderoga, we have granted warrants to procure them, with all expedition.
By order of Council,
JOSEPH FAY, Sec'y.
To Capt. Nathan Smith-Sir,
You are hereby required to march, with the men under your command, to Paulett, on horse back, where you will apply to Col. Simonds for a horse load of flour to each man and horse. You will furnish bags suffi- cient for such purpose.
By order of Council,
THOMAS CHITTENDEN, President.
To Capt. Ebenezer Wood-Sir,
You are hereby required to take the charge of the men, horses and bags, ordered from this town, and proceed, without one minute's loss of time, to Paulctt, where you will apply to Col. Benjamin Simonds for a load of flour for each horse, and proceed to Gen. Warner, with the same, if Col. Simonds shall judge proper. When you return, you are to take especial care that the horses and bags be returned to their proper owners. JOSEPHI FAY, Sec'y.
In Council of Safety, Sept. 24, 1777.
Pursuant to a complaint made to this Council, by Henry Snyder, for two horses stole, as will appear by the complaint on file ;- Sergeant - , and ,* being apprehended, and brought before this Council. acknowledge themselves guilty of stealing said horses.
Therefore this Council, having taken into consideration their cases, do judge, by the evidence and their own confession, that the act was theft,- an atrocious crime, that demands, by the laws of God and men, that the person or persons, found guilty, should be made a public example of, to deter people from such vicious practices :- The Council, unwilling to see any person suffer, are, nevertheless, constrained, in duty to themselves and constituents, to order that the said ------ and -, re- ceive, each, thirty-nine lashes on the naked back, at the liberty pole in this place, to satisfy the complaint, and be discharged.
Mr. Josiah Brush, the officer appointed to execute this warrant, is ap- pointed to see this judgment put in immediate execution.
By order of Council,
THOMAS CHITTENDEN, President ..
> Sie note, page 198.
-
215
COUNCIL OF SAFETY.
In Council of Safety, 24th Sept. 1777.
Henry Snyder appeared before this Council, and acknowledged to have received eighteen pounds, eighteen shillings, for the damage and cost of recovering his horses.
Therefore, the Council, on reconsideration of the case of - .* and .-- have thought fit to take off the corporal punishment, and discharge them, on their paying to the Council, as an acknowledge- ment to the public, a fine of five pounds, and nine shillings cost, and re- ceive a reprimand from the Hon. the President of this Council.
By order of Council,
THOMAS CHITTENDEN, Pres.
Received, in full satisfaction of the above judgment. JOS. FAY, Sec'y.
In Council of Safety, 25th Sept. 1777.
In consequence of a letter, this day received from Colonels Brown and Herrick, requesting teams to be sent to bring on plunder, to this place, we have therefore given orders to procure five teams.
By order of Council,
THOMAS CHITTENDEN, President.
In Council of Safety, 26th September, 1777. To Mr. Wright, and the other teams in company,
You are to repair from this to Paulet, with your teams, there to apply to the commanding officer, or Lt. Hyde, to be loaded with plunder, be- longing to Col. Brown, and return with the same, and deliver it safe, to this Council.
By order of Council,
JOSEPH FAY, Sec'y.
--* is permitted to pass from this to Litchfield south farms, in Connecticut ; there to remain, and not to be found without the bounds of that place, without a pass from the Committee of Safety.
By order,
JOS. FAY, Scc'y.
In Council of Safety, 30th Sept. 1777.
-* is permitted to pass to his home, in little Hoosack, and return in thirty days.
I promise, on the forfeiture of one thousand pounds, to see the above named -, before the Council, at the expiration of thirty days. AARON BACKUS.
In Council of Safety, Sd Oct. 1777.
To Capt. John Simonds-Sir,
You are hereby authorised and empowered, to let, or lease, all the es- tate of Col. -- ," late of Kent, now with the king's troops, both
» See note, page 198.
216
JOURNAL OF THE
real and personal ; and all real estate, except so much as humanity te quires for the comfortable support of the family, left behind, you will sell at public vendue, and return the money raised on such sale, after the cost is paid, to the Treasurer of this State. The improved land you will let, or lease, to some proper person or persons, as you shall judge will serve the best purpose of supporting the family, and the benefit of this State, not exceeding the term of two years.
You will return to this Council, an account of all the estate, both real and personal, that you shall seize. You will take the advice of the Com- mittee of the town of Kent, with regard to what part will be sufficient to support the family. You are to obey the orders of this Council, from time to time, relative to said estate, and settle your account with them, or their successors, or some person or persons, appointed for that purpose ;- and you are to do it on oath.
By order of Council,
THOMAS CHITTENDEN, President. Attest -- Jos. FAY, Sec'y.
This may certify that we, pursuant to Gen. Gates' orders, employed Mr. Moses Cleveland to ride post from this to Sheffield, and to impress fresh horses, when he should find it necessary.
By order of Council,
JOS. FAY, Sec'y.
To whom it may concern.
In Council of Safety, Oct. 7, 1777.
To Abner Blanchard,
This Council orders that you deliver James Haskins, the gun which you took from him.
By order of Council,
JOSEPH FAY, Sec'y.
In Council, Bennington, Oct. 8, 1777. *, Paulett- Sir,
This Council are informed that you are found, since you passed exam- ination before us, with arms and ammunition secreted, which gives the inhabitants great uneasiness ; and nothing short of your making immedi- ate satisfaction to this Council, will prevent your being ordered, immedi- ately, to remove,- which must be done, forthwith.
JOS. FAY, Sec'y. P. S. If you can satisfy the inhabitants, and obtain their liberty, you "may remain, until further orders.
By order of Council,
JOS. FAY.
In Council, Bennington, 8th Nov. 1777. Mrs. Easter Hawley-Madam;
We received your petition, the 8th instant, requesting an answer .--
See note, page 193.
217
COUNCIL OF SAFETY.
We are not destitute of human affection, towards all persons, that are, in principle and practice, friends to America, if it be found in the weaker vessel. Therefore you are permitted to remain in peace, where you are, until further orders from this or a future Council, or a General Assembly of this State.
By order of Council,
JOSEPH FAY, Sed'y.
In Council, Oct. 8. 1777.
Gentlemen - This Council earnestly recommend to the town of Ben- nington, to warn a town meeting, to fill up the Committee of Safety for said town.
By order of Council,
JOSEPH FAY, Sec'y.
To the Selectmen of Bennington.
Sold Simeon Sears and Mr. Risdon, the one half of the cart, belonging to this State, for twenty-three dollars.
By order,
JOSEPH FAY, Sec'y.
Oct. 9, 1777.
You will please to deliver to Mr. Timothy Pritchett, the cart and oxen belonging to --- - ,* and go to Castleton and bring off said -'s family to this place.
By order of Council,
JOSEPH FAY, Sec'y.
In Council of Safety, Oct. 10, 1777.
This may certify, to whom it may concern, that Doct. Jacob Rhuback, being a friend to his country, has full power from this Council, to take his estate where it may be found -proving his property.
JOS. FAY, Sec'y.
To whom it may concern.
Ephraim Knapp is permitted to go to Arlington, and remove his fam- ily down the country.
By order of Council,
JOSEPH FAY, Sed'y.
To whom it may concern.
In Council of Safety, Oct. 20, 1777.
To the Committee of Safety, Bennington Gentlemen,
On the request of Capt. John Fassett, Jun. one of your said Commit- tee, the Council are of opinion, that any persons from this State, who have voluntarily deserted the country's cause, and have had recourse tu the enemy, for protection, directly or indirectly, do remain in their pres-
+ See note, page 198.
D 2
218
JOURNAL OF THE
ent situation, until a requisition be made by those who have them in cus- tody, to the authority of this State.
By order of Council,
JOSEPH FAY, Scc'y.
In Council of Safety, Oct. 20, 1777.
This Council having had under consideration, the particular circum- stances of ,* are of opinion that he return to his farm in Cas- tleton, whenever he shall procure a certificate from under the hands of his several neighbors in that vicinity, that they are severally satisfied to receive him into their friendship; and there to remain, until further or- ders, unmolested.
By order of Council,
JOSEPH FAY, Sec'y.
N. B. May return with his family, if he chooses.
To whom it may concern.
The bearer, -- -* , is permitted to pass to Castleton, for the purpose of procuring the above named certificate.
By order of Council,
JOSEPH FAY, Sec'y.
Col. Peter Olcutt proposed the following question to the Council, viz : Several of my men deserted over to the enemy, after being drafted to go to Tyconderoga were gone about one month, and returned : - the ques- tion is-what must be done with these men ?
Signed, Peter Olcutt.
The Council's answer is - If those men are willing to defend the States, at the risque of life and fortune, to loose what has been taken from them and sold for the benefit of the country ; and, in case no seizure and sale has been made, pay a fine adequate to their crimes-give them pro- tection and pardon ; but if they refuse to bear their proportion of ex- peuse, and will not take up arms in favor of our cause, treat them as outlaws.
By order of Council,
JOS. FAY, Sec'y.
- ,* on further consideration, judges it not safe to remove his family, or return, himself, to Castleton, according to the pass from the Council of this days date ;-.. he is, therefore, permitted to pass, with his family and effects, to Danbury, in Connecticut.
By order of Council,
JOSEPH FAY, Sec'y.
To whom it may concern,
In Council of Safety, Oct. 20, 1777.
Whereas, God, in his providence, has smiled, in a very remarkable manner, on our arms, in this northern department, whereby we are secur-
* Sec note, page 193.
219
COUNCIL OF SAFETY.
ed, in a very considerable degree, from the ravages and machinations of a cruel and inveterate enemy and their confederates ; ...
And whereas, we delight not in the misery or confinement of any indi- viduals, when such confinement is not absolutely necessary for the secu- rity of the major part-Therefore, we recommend it to the Committees of the several towns, in this State, to liberate all such persons as have · been confined, on suspicion of being enemical, or any whom you may judge may, with safety to this State, or the United States, be liberated, in full or in part, with proper restrictions, ... such as confinement to their farms or towns, under the inspection of respectable persons, and during good behavior.
By order of Council,
JONAS FAY, V. President.
In Council of Safety, 21st Oct. 1777.
This Council having taken into consideration the complaint of Job Wood against Ebenezer Wood, and having heard the several evidences in support of the complaint, are of opinion that Job Wood rest in the peaceable possession of the farm, the former property of Ebenezer Da- vis, (late deceased,) without molestation from Ebenezer Wood, until a proper trial can be had, relative to the title of land; and that the said Ebenezer pay to the said Job, for damage, in breach of promise, the sum of four pounds, four shillings, lawful money, and pay the cost of trial, taxed at £2: 12: 0.
By order of Council,
JONAS FAY, V. Presiedent.
The complaint relative to the above judgment, warrant, and evidences to support it, are on file.
JOSEPH FAY, Sec'y.
Resolved, that Capt. Joseph Bowker be, and he is hereby, appointed a Commissioner of Sequestration ; as also Mr. George Foot of Castle- ton, is hereby appointed a Commissioner of Sequestration, - to act in conjunction, when it may be necessary, with the other Commissioners of Sequestration, appointed on this side of the mountains.
By order of Council,
JOSEPH FAY, Sec'y.
Warrant given to Geo. Foot.
In Council of Safety, 24th Oct. 1777.
The bearer, Samuel Adams' wife, is permitted to pass, with her chil- dron, to her husband at Tyconderoga, unmolested, after passing the ex- amination of the officer conunanding the northern department. Neces- sary clothing and bedding is to be allowed ; which order the command- ing officer will see punctually fulfilled.
Bv order of Council,
JOSEPHI FAY, Sec'y.
220
JOURNAL OF THE
In Council of Safety, 31st Oct. 1777.
The bearer, John M'Niel, is permitted to remain at Lieut. Bracken- ridges, until further orders from Council; and no other power in this State, than that of this Council, will, in future, presume to violate a per- mission of this tenor.
By order of Council,
. JOSEPH FAY, Sec'y.
To whom it may concern.
In Council of Safety, 12th November, 1777.
To the Sheriff of the County of Litchfield,
Sir-The bearer, Mr. Abel Ilawley, informs this Council, that he has a son, by the name of Agur Hawley, who is confined in the common gaol, at Litchfield :- the Council are unacquainted with the occasion of his confinement, at that place, as no person here is able to give account whether any mittimus has been given, or whether his case be criminal. Should you, on examination, find it consistent with good rule, to send him to this Council, as he is properly an inhabitant of this State, they would take his case under consideration, and endeavor to deal with him, according to his merit.
I am, Sir, Your most obedient, humble servant, -
By order of Council,
JOSEPH FAY, Sec'y.
In Council of Safety, 14th Nov. 1777.
Resolved, that Thursday, the 4th day of December next, be appointed, and hereby is appointed, to be observed as a day of public thanksgiving and prayer, throughout the State of Vermont.
By order of Council,
JOSEPH FAY, Sec'y.
In Council of Safety, Nov. 16, 1777.
Resolved, that it be recommended, and it is hereby recommended, to the Committee of Safety, of each town in this State, to take immediately under their examination, all persons who have been to the enemy, or such as are deemed enemies to their country ;- cach Committee taking under their examination, the persons belonging to their own town, and in such town where no committee is appointed, to call the assistance of the neighboring committee. No person to be tried short of the number of seven or more committee-men, selected from three different committees. In case any such person or persons cannot satisfy the inhabitants of the town to which they belong, and obtain their liberty to remain at home, under proper restrictions, to send such persons, forthwith, to this Coun- cil, with their crimes, in writing, and evidences to support the charges against them.
The Council further recommend to the respectable Committees of Safety, in this State, to be ever mindful of the worthy and laudable ex- ample set us by his Excellency General Washington, and the good peo-
221
COUNCIL OF SAFETY.
ple, inhabitants of New-Jersey ; - always bearing in mind to consider the weak capacities of many who have been affrightened into a submission to General Burgoyne, &c .- after which, seeing their error, confess their fault, and are willing to defend their country's cause, at the risque of life and fortune.
By order of Council, THOMAS CHITTENDEN, President. P. S. No person whatever, included in articles of capitulation, are to be considered.
JOS. FAY, Sec'y.
Mary Reynolds is permitted to send for her grey horse, and keep him in her possession, until further orders from this Council.
By order of Council,
JOSEPHI FAY, Sec'y.
(CIRCULAR.)
To the several Committees of Safety, in this State.
Gentlemen-Enclosed, you have a copy of a Resolve of Council, by which you will be governed; and with respect to tory estates, it must be left to the determination of Council.
By order,
THOMAS CHITTENDEN, President.
In Council of Safety, 19th Nov. 1777.
Whereas, --. ,* an inhabitant of this State, is guilty of desert- ing his country's cause, and repairing to the enemy, and aiding and assist- ing the British troops, against the United States of America ; by which be is deemed a notorious enemy to his country Therefore,
Resolved, that the whole of his interest within this State, be forfeited and sold, for the use and benefit of said State. It is further resolved, that the said - - , forthwith, repair to his family, wherever they may be, and never return within this State, without liberty from proper authority of this State, upon penalty of being taken up by any person or persons, and brought before any Committee of Safety, or selectmien, or any proper authority of this State; and after being convicted of such of- fence, to receive thirty nine stripes, on the naked back, put on at the dis- cretion of said authority ; and for every such offence to be punished as aforesaid.
By order of Council, THOMAS CHITTENDEN, President.
- is permitted to pass from this to his family, wherever they may be.
JOSEPH FAY, Sec'y.
In Council of Safety, Nov. 21, 1777. To Mr. Alfred Hathaway-Sir,
You are hereby required to procure, immediately, teams sufficient to
· See note, page 198.
1
JOURNAL OF THE
transport ten barrels of flour, from Manchester, to the relief of Col. Her- rick's regiment, in Paulett. You are further authorised to impress teams where you may find them most convenient for that purpose ; for which this shall be your sufficient warrant.
By order,
JOSEPHI FAY, Sec'y. In Council, Bennington, Nov. 22, 1777. 'To the inhabitants of Clarendon.
Gentlemen-We received the proceedings of your town, in October, 25th ultimo. These are to inform you, that we have passed a resolve, in what manner tories shall be tried. The Commissioners of Sequestra- tion have received their orders from Council, in what manner to proceed with tory estates, and that those who have forfeited their estates, it is to the State in general, and not to any particular town, till further orders from this or a future Council or General Assembly.
I am, Gentlemen, By order of Council, Your most obedient, humble servant, THOMAS CHITTENDEN, President.
In Council of Safety, Nov. 24, 1777. Resolved, that Doct. Paul Spooner, Col. Peter Oleutt, and Capt. Cur- tis, be appointed, and are hereby appointed, a committee to settle with the Commissioners of Sequestration, on the east side of the Green Moun- tains, in this State, and make returns to this Council, by the first day of January next.
By order of Council, JOS. FAY, Sec'y.
Resolved, that the members of Council belonging on the cast side of the Green Mountains, in this State, together with the above committee, appointed to settle with the Commissioners of Sequestration, be appoint- ed, and are hereby appointed, with full powers to determine the destina- tion of all such persons, whom the Committees of Safety decm to be dan- gerous persons to remain within this State, or the town to which they be- long-also to determine with respect to the confiscation of such estates.
By order,
THOMAS CHITTENDEN, President.
In Council, 25th Nov. 1777.
Capt. Bowker-Sir,
The confusion and multiplicity of business, occasioned by the unhappy war in the northern department, since the appointment of this Council, has prevented their being able to get the Constitution printed, which obliges us, this Council, to desire you to call together the old Convention, to meet at Windsor, on Wednesday the 24th of December next, which you will not fail to do.
I am, Sir, by order of Council, Your most obedient servant, THOMAS CHITTENDEN, President.
.
2223
COUNCIL OF SAFETY.
P. S. The business of the Convention will be, to adjourn the meeting of the General Assembly .*
T. CHITTENDEN.
In Council of Safety, Nov. 28, 1777.
Capt. Jonathan Fassett, commissioned to sequester tory effects, -- to let during the pleasure of this Council, or other legislative body, within this State.
JONAS FAY, V. President.
1
In Council of Safety, Dec. 12, 1777.
The Committee of Safety, for the town of Dorset, are, this day, certi- fed, that Asa Baldwin, Samuel M'Coon, William Underhill, Thomas Baldwin, and Moses Veal, are discharged for whatever they may have said or acted relative to the dispute between Great Britain and America, to the 23d day of September last.
By order of Council,
JONAS FAY, V. President.
In Council of Safety, 20th Dec. 1777.
This day given Col. Chittenden an order to take one cow, belonging to this State, now in the custody of John Connor of Manchester, which cow is to be appraised, and an account returned to this Council.
By order of Council,
JONAS FAY, V. President.
Andrew Hawley is permitted to take his gun, first obtaining liberty of the Committee of Safety, and return it to the Committee, within six weeks from this date.
By order of Council,
THOMAS CHITTENDEN, President To all concerned.
In Council of Safety, Bennington, Jan. 3, 1778.
Resolved to appoint Moses Robinson of Rupert, a Commissioner of Sequestration of that town . his commission and instructions sent to him, for that purpose.
Resolved, that Capt. John Fassett, Jun. be, and he is hereby, appoint- ed a Commissioner of Sequestration for the town of Arlington. Com- mission or instructions delivered.
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