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 28
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By order of Council,
JOS. FAY, Sec'y.
In Council of Safety, Bennington, Jan. 6. 1778.
Resolved, that it be recommended to the Committee of Safety, con- vened in convention, for the towns of Shaftsbury, Bennington and Pow- nal, to strictly examine into the particular circumstances of the estates of
. See address of the Council of Safety to the inhabitants of Vermont, page 2 !.
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all such persons as they have had under immediate examination, and are deemed to be enemies to this and the United States of America ; and, as soon as may be, transmit to this Council, a copy of their opinion of all, or any part of estates, that are- justly forfeited to this State.
Bennington, Jan. 7, 1778.
Mr. Ebenezer Wood-Sır,
You may remember that, on the 21st day of October last, judgment was had against you, by the Council of the State of Vermont, in favor of Mr. Job Wood; in which tryal, you was to pay the costs, which I find, on examination, to amount to about £5: 0: 0. Mr. Job Wood, now present, requests the authority of Council to interpose in his behalf. On this indulgence of Council, it is expected you will pay his bill on sight. Should you refuse, you need not expect a second indulgence in the prem- ises.
I am your friend and humble servant,
JONAS FAY.
In Council of Safety, Jan. 9, 1778.
This may certify, to all whom it may concern, that * * was tried before this Council, on the 24th day of September last, for enemical conduct, and that he did satisfy the judgment of Council ; upon which he was discharged.
And whereas the convention of Committees have since taken him un- der their examination, and adjudged him to be enemical to the liberties of America, and referred him to this Council, to dispose of him as they think proper :- they, finding no crimes against him, transacted since his trial aforesaid, do hereby discharge him; and he is permitted to pass to his home, and there remain unmolested, under the inspection of the Com- mittee, his behaving as becometh a friend to this and the United States of America.
By order of Council, JONAS FAY, V. President.
To Lt. Peter Roberts, You are hereby required to deliver - -* his horse and other effects, which you lately took as his estate, by virtue of your commission of sequestration, for the use of this State.
By order of Council,
JOS. FAY, Sec'y.
In Council of Safety, 12th Jan. 1778.
This Council, having taken into consideration the application of the Hon. General John Stark, requesting ten effective men to be immediately employed in beating and treading the snow, in the road leading from this place through the pass of the green mountains, to Col. William Williams, in Draper, alias Wilmington, within this State, do hereby grant the said request, and order that Capt. Samuel Robinson, overseer of the tories,
* Sce note, page 198.
L
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provide such number, properly officered and equipt, with provisions and other requisite necessaries, for such service, who are to be in readiness to march immediately.
By order of Council,
JONAS FAY, V. President.
January 12, 1778.
To Capt. Samuel Robinson, overseer of Tories,
You are hereby required to detach ten effective men under your com- mand, with proper officers to take the charge, and march them, in two distinct files, from this place through the green mountains, to Col. Will- ium Williams' dwelling-house in Draper, alias Wilmington, within this State; who are to march and tread the snow in said road, a suitable width for a sleigh or sleighs, with a span of horses on each sleigh; and order them to return, marching in the same manner, to this place, with all convenient speed.
By order of Council,
JONAS FAY, V. President.
N. B. You are to order three days provisions to each of such men, and the same to be cooked this day, and to march at 6 o'clock to-morrow morning.
JONAS FAY, V. President.
Bennington, Jan. 13, 1778.
The petition of John Payne, John Ordway, and their associates, being presented to this Council, having taken the same under their conside- ration,-voted, that said petition remain in this office on file, and at the setting of the General Assembly of this State, to be laid before them - being the first petition made for the grant of the land therein mentioned. By order of Council,
THOMAS CHITTENDEN, President.
To Israel Canfield, at Arlington.
You are hereby ordered to deliver to the bearer, Mr. Daniel Sherman, six sides of neats leather, and two sides of horse hyde. By order of Council,
THOMAS CHITTENDEN, President.
* of Arlington, is permitted to remain at home until further orders from this Council, he behaving as becometh. By order of Council,
THOMAS CHITTENDEN, Presidente
Resolved, that it is the opinion of this Council, that - -- 's* es- tate is, and it is hereby declared to be, forfeited to this State. By order of Council,
THOS. CHITTENDEN, President ..
& See note, page 199:
T
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In Council, Bennington, Jan. 14, 1778.
Resolved, that * is guilty of enemical conduct against the United States of America-Thereofore,
Voted, that he pay a fine of thirty pounds, L. money, for the use of this State, and to stand committed until this judgment be complied with. Further resolved, that said - is not permitted to go further to the northward than the north line of Rutland, within this State, on penalty of forfeiting and paying a fine for the use of the same.
By order of Council,
. THOMAS CHITTENDEN, President.
This Council having taken under their examination, the complaint of Capt. Samuel Robinson against ,# for defrauding and endeay- oring to cheat him, the said Robinson, out of seventy seven dollars, bil- letting money, &c. do hereby resolve that the said - pay Capt. Rob- inson seventy-seven dollars, being his demand for billet money, and pay cost, and to stand committed until this judgment be complied with.
By order of Council, THOMAS CHITTENDEN, Pres. The above judgment satisfied and paid.
JOS. FAY, Sec'y.
In Council of Safety, Bennington, Jan. 14, 1778.
Whereas, many of the inhabitants of this State were drove from their possessions, the last year, by the enemy, by which means they have been prohibited the benefit of securing their corn, grain, &c. and from making the necessary preparations for a future crop ; by which means there ap- pears to be great danger of such inhabitants and others suffering for want thereof ;-
And whereas, it has been represented to this Council that considerable quantities have been, and still are, daily transported out of this State ; - to prevent such inconveniency, in future, this Council have taken the same under their consideration, and have thought fit, and do hereby
Resolve, that no wheat, rye, indian corn, flour, or meal, be transported out of this State, or sold to any person, not residing within the same, (except continental stores) after the date of this resolve, except they have a permit from this Council, or Gen. Jacob Bayley, Col. Peter Olcutt, Col. Joseph Marsh, or Col. John Barrett, or any two of them. Any person or persons, violating this resolve, shall, on conviction thereof, be- fore five or more committee men of the town or towns adjacent to where such. grain, flour or meal is carried from, (who are hereby authorised to hear, judge and determine the same,) shall forfeit such load or quantity of grain, flour or meal, and three fold the value thereof, in money ; one half to be given to any person or persons, prosecuting to effect, -- the other half to be converted to the use of this State. And this Council do here- by recommend it to the several committees of safety within this State, to see this rule duly observed,-any one of whom is hereby authorised to seize, or, on complaint and application, to issue his warrant to seize, and
* Sce note, page 198,
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detain, any such article before prohibited, and cause such person or per- sons to be examined and tried as aforesaid. This resolve to continue in force until the first day of June next, unless otherwise determined by the General Assembly of this State.
By order of Council,
THOMAS CHITTENDEN, Pres. . JOSEPH FAY, Sec'y.
In Council of Safety, Bennington, Jan. 15, 1778. This may certify, to whom it may concern, that ,* having passed examination before this Council, and voluntarily taken the oatlı of fidelity to the United States of America, has liberty to pass from this to Rutland, and repass, on his lawful business, any where to the southward of this State, his behaving as becometh a friend to this and the other States of America.
By order of Council,
JOSEPHI FAY, Sco'y.
Resolved, that Messrs. John Wood and Benjamin Fay be, and hereby are, appointed assistants to Capt. Samuel Robinson, as overseers of tories. By order of Council,
THOMAS CHITTENDEN, President. JOSEPH FAY, Sec'y.
In Council of Safety, 16th Jan. 1778. To -- , and the rest of the heirs of -,* late of Danby,
deceased.
You are hereby notified to appear before this Council, on Thursday, the 22d instant, to shew cause, if any you have, why the real estate of -, aforesaid, shall not be confiscated to this State.
- By order of Council,
THOMAS CHITTENDEN, President
JOSEPH FAY, Sec'y.
In Council, 24th Jan. 1778.
Permission is hereby given to the bearer hereof, Mr. Daniel Safford, to transport two thousand weight of flour out of this State, agreeable to a former contract, made previous to the resolve of Council (certified on oatlı) laying an embargo on wheat, &c.
By order of Council,
THOMAS CHITTENDEN, President. To whom it may concern.
Resolved, that Capt. Averis be directed to employ Abner Woolcott in the service of the Continent, while necessary, unless otherwise ordered by this Council; and that Capt. Averis make return of said Woolcott and his doings, to this Council.
By order thereof,
MOSES ROBINSON, President P. Tem.
t See note, page 193.
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Resolved, that this Council will give a bounty of ten dollars for the encouragement of raising three hundred men, under the command of Lt. Col. Herrick, to each non-commissioned officer or soldier who shall enlist, for a certain expedition to -, now on foot.
In Council, Bennington, Jan. 28, 1778.
This day passed an order and directed the same to Capt. Samuel Rob- inson, overseer of tories, or either of his assistants, to take under their direction, and immediately employ, - -- ,* and enter him in the first class, agreeable to the direction of the committee of Clarendon. By order of Council,
THOMAS CHITTENDEN, President. To Capt. Samuel Robinson, or either of his assistants, overseers.
In Council, Jan. 29, 1778.
The bearer, Lt. White, is permitted to carry wheat out of this State, that is due to him on a certain subscription for clearing a road, to the amount of twenty bushels.
By order,
THOMAS CHITTENDEN, President.
To whom it may concern.
Bennington, Jan. 17, 1778.
Whereas, the Council must take a considerable part of their time, from this date, to prepare matters to be laid before the General Assembly : and whereas there has been, for some time past, and probably will, in fu- ture, many things be laid before this Council, that are of a private nature, which interrupts and hinders them from pursuing the business they were principally appointed for, by the Convention of this State-Therefore,
Resolved, that, from this date, until the 22d of this instant January, and from the 5th of February, until the 12th day thereof, this Council will attend on business of a private nature, and at no other time, until the sitting of the Assembly.
By order of Council,
THOMAS CHITTENDEN, President.
To Mr. Eli Roberts,
You are hereby fully authorised and empowered to take into your cus- tody all the moveable effects of and -, except what humanity requires for the support of said -'s family :- and also to seize, and lease out to some proper person, the real estate of the afore- said persons, not exceeding one year from next April. The moveable estate you will sell at public vendue, or otherwise, as you shall think best. You will, out of the avails of the moveable estate of - , supply his family with provision, until further orders :- the overplus of money, after your cost, (if any) you will return to the Treasurer of this State. You will keep a true and just account of all that you sell, and the price
* See note, page 198.
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of what you expend for the use of the family,-any other commissioners authority notwithstanding, in the State of Vermont.
By order of Council,
THOMAS CHITTENDEN, President.
In Council, Jan. 19, 1778.
Whereas, sundry inconveniences have arose, by reason of the Com- missioners of Sequestration interfering one with the other ;-- Therefore,
Resolved, that no Commissioner of Sequestration, for the future, be allowed to transact business, for this State, in any town where there is a Commissioner appointed ; -- and when any Commissioner las transacted business, before this date, in any towns, where there is a Commissioner now appointed, they are directed to transfer their business, done in said town, over to said Commissioner.
By order of Council,
THOMAS CHITTENDEN, President.
JOSEPH FAY, Sec'y.
In Council, Jan. 21, 1778.
This Council having taken into consideration the complaint of With- erell Wittum against William Wheeler; and having heard the several evidences relative to the case, are of opinion, that William Wheeler pay Witherell Wittum two pounds, sixteen shillings, lawful money, which is the demands of the execution against Wittum, for cost, &c. ; and pay the cost of suit, amounting to &2: 12: 0, L money.
By order of Council,
THOMAS CHITTENDEN, President.
JOSEPH FAY, Sec'y.
In Council of Safety, Jan. 23, 1778.
Whereas, repeated applications have been, and are like to be, made to this Council, by the tories now in this place, destined to hard labor, for permits to go to their homes ; by which means, this Council is much ob- structed in their inore immediate and necessary business ;- to prevent such inconveniences in future,
Resolved, that Capt. Samuel Robinson and his assistants be hereby authorised to permit the several tories of the first class, to go home, for a necessary limited time, at the discretion of said Robinson and his as- sistants, on extraordinary occasions, -as in case of sickness and distress of their families, &c.
By order of Council,
THOMAS CHITTENDEN, President. JOSEPH FAY, Sec'y.
This Council are of opinion that - -* has heen under confine- ment fifteen days, contrary to the true intent of the Committee before whom he had his trial ; and as he appears to be out of health, you have
* See pote, page 108.
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therefore, liberty to give him a pass to go home and remain there unmo- lested, fifteen days.
By order of Council,
THOMAS CHITTENDEN, President. :
Capt. Samuel Robinson.
In Council of Safety, Jan. 24, 1778.
Whereas, it has been represented to this Council, that divers persons, to the great disadvantage of this State, have bought, and sold to the in- habitants, in small quantities, and at exorbitant prices, (and continue so to do) certain spirituous liquors, whereby drunkenness, idleness, quarrels, &c. &c. is promoted among us; which evil to prevent in future, have thought fit, and do hereby, resolve, that the committees of safety, select- men, and constables, of each town within this State, shall meet together at some convenient place, within each respective town, on the second day of March next, and nominate, by their major vote, a sufficient num- ber of suitable persons to keep houses of public entertainment, for trav- ellers, for the year ensuing, or until otherwise ordered by the General Assembly of this State, and return their names to this Council, or to any two of the members thereof; who are hereby fully authorised and em- powered to grant licence for that purpose-taking one dollar, or six shil- lings, as a fee for the same.
Further resolved, that, if any person or persons, within this State, not licensed as above, shall, after the 10th day of March next, presunie, di- rectly, or indirectly, to sell any kind of spirituous liquors, in any less quantity than one quart, or any quantity to be drank in or about his, her, or their house or houses,-for every such offence, being thereof duly con- victed before three of the committee-men of the town where such offence is committed, (who are hereby fully authorised aud empowered to hear and determine the same,) shall forteit and pay the sum of six pounds, lawful money ; the one half to be applied for the use of the town where such offence is committed, and the other half to be given to the person complaining and prosecuting to effect.
By order of Council,
THOMAS CHITTENDEN, President. JOSEPH FAY, Sec'y.
In Council of Safety, Jan. 30, 1778,
To Capt. Elkanah Cook,
You are hereby directed to let the heirs of John Curtis improve the farm formerly belonging to him, during the life of said Curtis' wife; their giving sufficient bonds to maintain the said John Curtis' wife, during her life.
By order of Council, THOMAS CHITTENDEN, President.
Whereas, reports to the prejudice of the rangers and others, have cir- culated among the people, and have also been made to this Council, that great injustice has been done to the inhabitants by them,-they having
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plundered them, contrary to express orders and designs of this Coun- cil : and whereas some of the officers, rangers, have moved that a trial be indulged them, that thereby their characters may be re-established, and blame fall only on the guilty, if any there be, therefore
Resolved, that all persons be, and they are hereby notified to bring in- · formation or evidence, to this Council, of the effects plundered or taken from them, and by whom, or what party, attested on oath before the chairman of any committee of safety, the 25th day of February next ;-- and all persons neglecting to exhibit their complaint, on the above said day, shall be forever foreclosed bringing in such complaints ; and reports to the prejudice of any officer. or soldier, or any other persons, relating to the premises, shall not be noticed, but treated as scandalous libels.
Provided always, that nothing in this resolve be construed that any complaint against any person for plundering, that shall be found out after the 25th day of February next, be excluded.
By order of Council,
THOMAS CHITTENDEN, President.
f
.. JOSEPH FAY, Sec'y.
In Council of Safety, Bennington, Jan. 31, 1778. Michael Dunning, Esq. Pownal,
Sir . You are hereby directed to dispose of the grain belonging to this State, to such of the inhabitants as have been drove from their farms, &c. by the enemy, (as they may apply to you) at the common price; which is, for wheat, three dollars per bushel. You will reserve all spring grain, for seed.
I am, Sir, by order, &c.
JOS. FAY, Sec'y. In Council, Bennington, Feb. 3, 1778.
This Council do hereby permit the bearer, Elnathan Murwin, to in- ventory his brother Israel Murwin's estate, (late deceased) and settle the same ; keeping a regular account to exhibit to this Council, whenever de- manded.
By order, THOMAS CHITTENDEN, President.
In Council of Safety, Feb. 4, 1778. To Colonels Moses Robinson, Timothy Brownson, James Mead, Joseph Marsh, Peter Olcutt and William Williams ;
Gentlemen- You are hereby required to return to this Council, on, or before Thursday the 12th day of March next, the number of male inhab- itants included within the limits of your regiments, between the age of six- teen and sixty years of age, of what denomination soever, (ministers of the gospel excepted ;) as also the names of the commissioned officers of rach company.
By order of Council,
THOMAS CHITTENDEN, President.
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In Council of Safety, Bennington, 9th Feb. 1778. Elnathan Hubble, Esq. Chairman of Committee of Safety, Benningtons
Sır You are hereby directed, with the assistance of the other gentle- men of the Committee of Safety, for this town, to take under your con- sideration, the case depending between Samuel Robinson, overseer of tories, in, behalf of David Goff's wife, and John Potter; and to award judgment thereon, according to justice and equity.
by order of Council,
THOMAS CHITTENDEN, President.
In Council of Safety, 10th Feb. 1778.
'This Council having taken under their consideration the complaint made to this Council by Capt. Zadock Averis, in behalf of the United States, against 'for enemical conduct to the United States of America, having examined the evidence, and every attending circum- stance, relative thereto, and after seriously deliberating thereon, do judge and order, that the said --- pay thirty pounds, lawful money, as a fine for the use of this State; and pay all reasonable charges of trial, and stand committed until this judgment be complied with. Cost taxed at £16: 8: 0.
By order of Council, THOMAS CHITTENDEN, President. Jos. FAY, Sec'y.
Feb. 11 .- Received the cost of the above suit, £16: 8: 0; and &21: 14: 0, on the above judgment.
JOSEPH FAY, Sec'y.
£8: 6: 0, received by me.
THOMAS CHITTENDEN.
In Council, Bennington, 10th Feb. 1778.
Capt. Ebenezer Wood,
Sir -- Enclosed you have a warrant to engage fifty able bodied and effective men, to serve in an expedition to Canada, together with two warrants for two Lieutenants, and blanks left for their names. You are hereby directed to give your former Lieutenants the offer of them. Should any thing prevent their serving in this campaign, you will appoint others to enter their names in the blanks. You will take particular care to appoint men of honor and veracity, and such as will be most likely to raise their quota of men. You will do all in your power to have your company raised with all possible expedition, not to exceed the first day of March next.
I am, Sir, your humble servant, THOMAS CHITTENDEN, President.
Whereas, application has been made to this Council by Col. Moses Hazen, commanding the continental troops at Albany, in the northern department, to raise as many volunteers as possible, in the power of this.
* See pote, page 198,
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COUNCIL OF SAFETY.
State, to serve in an expedition to Canada ; in consequence of which, this Council have, this day, resolved to raise three hundred volunteers, within this State, to be in a regiment commanded by Samuel Herrick, Esq. Lt. Col. commandant, and to continue in service until the last day of April next. Further resolved, that Major Benjamin Wait, be and he is hereby appointed Major to said Regiment ; and that Captains Ebenezer Allen, Jesse Sawyer, Parmely Allen, Ebenezer Wood, - Boyden, and Ab- ner Sealey be, and they are hereby appointed to be Captains in Col. Herrick's regiment ; and the subalterns that served under the before men- tioned Captains, in the last campaign, have the offer of serving again ; and, should any of them not serve, the Captains are hereby directed to appoint such others as will be most likely to recruit their quota of men. Particular care is to be taken, to appoint men of honor and veracity. Further resolved, that a premium of one dollar be granted by this Coun- cil, to the officers, for every able bodied and effective man they shall enlist for the before mentioned expedition ; and that a bounty of ten dollars be given to each non-commissioned officer and soldier that shall so engage, to be paid them, before they march.
By order of Council,
THOMAS CHITTENDEN, President.
JOSEPH FAY, Sec'y.
(CIRCULAR.)
In Council of Safety, Bennington, 10th Feb. 1778.
Sir-On application of Col. Moses Hazen, commander in chief of the Continental troops at Albany, this Council have this day resolved to raise three hundred volunteers, within this State, under the command of Samuel Herrick, Esq. Lt. Colonel commandant, to continue in service of the true and independent States of America, until the last day of April next, unless sooner discharged.
To each able bodied, effective volunteer, thus engaged in this glorious cause, for the defence of his life and liberty, you shall be enabled by this Council, to give, as an encouragement, a bounty of ten dollars, on, or be- fore the time you shall receive orders from this Council to march them from their respective homes. They will also, be entitled to such other encouragement by wages, plunder, &c. as is allowed the volunteers from the other free and independent States of America.
This expedition is set on foot by the Hon. Continental Congress ; and should any who nobly engage in this glorious enterprise, be so unfortu- nate, as not to have it in their power to furnish themselves, seasonably, with .the necessary articles of shoes, stockings, or blankets, there is en- couragement that they may be supplied out of the Continental store, by applying there.
- It is expected that a respectable body of Continental troops will be employed, in conjunction with the volunteers from this, and the neigh- boring States, sufficient to penetrate into Canada, and thereby frustrate any designs the enemy may have, in a future campaign, of approaching this country ; and as this State is peculiarly exposed by its contiguous situation to them, to be first ravaged, unless some such effective means
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