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 29
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JOURNAL OF THE
shall prove successful to prevent their incursions-therefore, this Council flatter themselves that no further arguments need be used to induce every well wisher to the freedom and liberty of himself and injured country, vigorously to exert every nerve, on this most important occasion.
I am, Sir, by order of Council, Your most obedient, humble servant, THOMAS CHITTENDEN, President.
Copies of the f regoing letter sent to the several Captains on the east side the green mountain.
Attest,
JOSEPH FAY, Sec'y.
In Council, Bennington, Feb. 17, 1778. To Capt. Joseph Bowker-Sir;
Whereas, complaint is made to this Council, by Deacon John Burnap, that Moses Olmsted, Jabez Olmsted, and - Owen, of Pittsford, did, in December last, take from him about twelve hundred weight of iron, which is detained from him; he therefore desires of this Council, that they would direct him, in what manner he may obtain his property again.
Therefore, this Council recommend to call together the members of "the several Committees in Rutland and the neighboring towns, to the number of five, to judge and determine the case, depending between the above parties, according to justice and equity.
By order of Council,
THOMAS CHITTENDEN, President.
In Council, Feb. 25, 1778 .. .
To Capt. Isaac Clark and Lt. Bradley,
Whereas this Council is informed that the intended expedition to Can- ada is dropped or likely to fall through, you are hereby requested to de- sist raising any more soldiers for the above purpose, on the encourage- ment of a bounty of ten dollars, heretofore granted by Council, until further orders.
By order of Council,
THOMAS CHITTENDEN, President.
In Council, Bennington, March, 1778.
The bearer, Capt. Isaac Clark, is permitted to transport or convey sundry families out of this State, to the enemies' lines, viz : -, and -'s* families.
By order of Council, THOMAS CHITTENDEN, President.
Mrs. -* is permitted to carry with her, two feather beds, and bed- ding suitable therefor,-six pewter plates, two platters, two basons, one quart pot, one tea kittle, wearing apparel for herself and children, one frying pan, one candle stick knives and forks.
Mrs. - is permitted to carry with her, two feather beds, and bed-
* Set note, page 19c.
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COUNCIL OF SAFETY
ding for the same, five pewter plates, two platters, two basons, one V. Por, one tea kittle, one small brass kittle, one brass skillett, -- the bedding to consist of three coverlids, one bed quilt, four blankets, and eight sheets, -one chest, her wearing apparrel, and her children's, and knives and forks. ª
By order,
THOMAS CHITTENDEN, President.
Bennington, 28th Feb. 1778.
To the Commanding Office. at Albany,
Sir-I am directed by Council, to enclose a letter from the inhabitants of our frontiers, by which you will have opportunity to observe their complaints, which I judge are not groundless. "Those inhabitants have bren, for some time past, supported by a small scout of about twenty-four men, inhabitants of this State, who are in an unhappy situation, on ac- count of their familes and stocks being left at home, and almost destitute of provisions for their families, ar fodder for their cattle, occasioned by the ravages of the enemy, last campaign ; which has been so universally the case of the inhabitants of this State, that it has put it out of our power to furnish a public store of provisions. I therefore desire your honor, if consistent, to furnish a sufficient guard to protect the frontiers, or give or- ders that provisions be supplied out of the Continental stores, for the subsistence of. one hundred men, exclusive of officers, to be raised within this State, for that purpose; which this Council are of opinion will be sufficient, until the opening of the spring.
I am, Sir, &c.
THOMAS CHITTENDEN, President.
In Council, March 5, 1778.
Whereas, application has been made to this Council, hy the frontier inhabitants of this State, near Lake Champlain, and Otter Creek, re- questing a suitable number of men to guard them from the incursions of the enemy ; on which this Council laid the same before the commander in chief at Albany, requesting of him a number of troops for the above purpose, or at least, provisions for one hundred men, exclusive of com- missioned officers, to be raised by this State; who was pleased to give his approbation for raising said men, and orders to the Commissary at Bennington, to furnish them with provisions,-therefore,
Resolved, to raise two companies, consisting of fifty able bodied effec- tive men, in each, exclusive of commissioned officers, to be commanded } by one Captain and two Lieutenants, each,-to give one months pay to them, to enable them to recruit their men, and ten dollars bounty to each non-commissioned officer and soldier, together with four pounds per month, as wages,-to continue in service two months from this date, un- less sooner discharged.
By order of Council,
THOMAS CHITTENDEN, President. Jos. FAY, Sec' ?.
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JOURNAL OF THE
In Council of Safety, Feb. 25, 1778.
Lt. Martin Powel,
Sir- You are hereby required to call the Committee of Safety for the town of Manchester, as soon as may be, to take cognizance of the case, depending between Lt. Peter Roberts and Arthur Bostwick, relative to the salt, Roberts accuses Bostwick of taking, without his licence there- for ; and to make, and execute, judgment thereon, as to justice apper- tains ;.- and to order the promise made by Bostwick to Roberts, for ma- king restitution for the salt, by the 27th instant, to be suspended, until such trial may be had.
I am, Sir, your humble servant,
JOSEPH FAY, Sec'y.
In Council, Bennington, 4th March, 1778. Alessrs. Fitch and Roberts,
Gentlemen-The bearer, Daniel Kinney and Jonathan Trusdel, have this day made application to this Council for, each, the rent of a farm, within this State. They appear to be men that will make useful men- bers of society,-will deposit money in the treasury office of this State, sufficient, at least, for the rent of such farms as they may agree for. This Council therefore, desire that, if you have any farms now in possession,' that you can dispose of, by virtue of your commission of sequestration, on the usual rate of renting them, that you oblige the bearers, to the best of your abilities.
Your obedient servant,
By order of Council, JOSEPH FAY, Sec'y.
In Council, Bennington, 6th March, 1773. Instructions for Capt. Ebenezer Allen.
The object of ordering the troops to be by you raised and commanded, is, to protect the northern inhabitants of this State, near Lake Champlain and Otter Creek. You will, therefore, proceed and raise your men, with all possible despatch ; and when you have enlisted a sufficient number, you will march them to New-Haven fort, where you are to take post. You are to keep out proper scouts, to reconnoitre the woods, to watch the movements of the enemy, and report them to this Council, or the of. ficer commanding the troops in the northern department, as often as you shall find, from time to time, necessary .- As there is some few inhabi- tants north of the fort, should you judge them to be disaffected persons to the interests of the United States of America, you will confine him or them, and secure his or their estate, for the use of this State, until such . person or persons may be tried by a Committee of Safety, next adjacent to the offender or offenders ; and if such Committee shall acquit them or either of them, he or they, so acquitted, to be restored in their property.
You are to be particularly cautious that none of the inhabitants may suffer, by their effects being taken, on suspicion of their being tories. By order of Council,
THOMAS CHITTENDEN, President:
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COUNCIL OF SAFETY.
In Council, Windsor, 12th March, 1778.
This Council do recommend to the several gentlemen appointed by the freemen of the several towns within this State, to represent them, m General Assembly, to assemble at the town house in this place, immedi- diately, and to form a House of Assembly, by choosing a Speaker and Clerk ; and make report of your proceedings hereon, as soon as may be,. to this Council.
..
+ By order of Council,
THOMAS CHITTENDEN, President.
In Council, Windsor, 12th March, 1778. To John Benjamin, gentleman.
Whereas, a number of the inhabitants of this State, are now met to- gether, in this place, appointed by the freemen of the several towns with- in the same, in order to form a House of Assembly ;- and whereas it is found necessary that some person be appointed to act in the capacity of a Sheriff'; You are therefore, hereby appointed, authorised and empow- ered, in the capacity of Sheriff, during the session of this present Assem- bly, unless sooner discharged ; and to subject yourself to such rules and orders as you shall, from time to time, receive from this, or a future Coun- cil of this State; for which this shall be your sufficient warrant.
By order of Council, THOMAS CHITTENDEN, President. Attest, Jos. FAY, Sec'y.
THE government of Vermont commenced its operations under the Constitution, on the 13th of March, 1778. As the principal power was, . by the Constitution, vested in the General Assembly- whose journal will be found in a subsequent part of this volume-it is deemed unimpor- tant to publish the journal of the Governor and Council. For the pur- pose, however, of exhibiting some of the powers exercised by that branch of the government, immediately after its organization under the Consti- tution, we extract the following from its journal.
In Council, Arlington, April 10, 1778.
To Capt. Ebenezer Wallace,
Sir- You are hereby required to call to your assistance, two sufficient, able bodied, effective men, and such as you can repose the greatest trust and confidence in, and with them, immediately to proceed to the green mountain, east of this place, and from thence you are to proceed to the north, and to search the woods, critically and diligently; and, in case you, or either of your party, shall make discovery of any person or per- sons, who have voluntarily heretofore gone over to the enemy, and arc now within this State, as spies, or otherwise, that you secure any such person or persons, and him or them bring, forthwith, before this board,
238
EXTRACTS FROM JOURNAL
to be further dealt with, according to law. And you are hereby author ised and empowered to call to your assistance, such of the militia of this State, as you may, from time to time, find necessary, to carry this measure into effectual execution ;- and if, at any time, you should find necessary, you are to immediately post away the intelligence of your situation, and the discoveries you have made, to the Governor of this State. And you are hereby further directed and empowered to administer an oath of secrecy to the persons whom you shall take to your assistance ; and you are like- wise, to secure any other person or persons, whom you may judge to be enemies to this or the United States of America.
THOMAS CHITTENDEN. Attest, M. LYON, D. Sec'y. In Council, Arlington, 24th April, 1778. To Abram Mattison, Pownal.
Whereas, it has been represented to this Council, by Austin Sealey, that you have taken from him a cow and calf, which is either the prop- erty of this State, or his son ;-- this is therefore to request, and order, you to deliver the cow and calf to said Sealey, or to appear before this Council to give the reasons why you withhold said cow and calf, forth- with.
By order of Governor and Council, MATTHEW LYON, D. Sec'y.
In Council, Arlington, 25th April, 1778.
Mr. Joseph Smith is to sell the wheat that he has seized, formerly the property of - * now stored at widow Peters', and pay Mr. Sprague two pounds, five shillings and six pence, lawful money, and as much to himself; and the remainder to send by a safe hand to the Treas- urer of this State, as soon as may be ;- the money to be paid to Mr. Sprague and Mr. Smith, is for travel to Bennington, and giving evidence against said
By order of Governor and Council, MATTHEW LYON, D. Sec'y. In Council, Arlington, 28th May, 1778.
To Capt. Jesse Sawyer,
You are hereby directed to engage five soldiers to go with you in search of enemical persons, to the north of this, in such places as you shall think proper, and make returns of your proceedings, within six days, to this Council.
THOMAS CHITTENDEN, Governor. Attest, MATTHEW LYON, D. Sec'y.
Whereas, it has been represented to this Council, that the wife of ,* late of Manchester, (now in arms with the enemy,) is very turbulent and troublesome, where she now is, and refuses to obey orders ;-- 1
* See note, page 198.
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OF GOVERNOR AND COUNCIL.
To Stephen Washburn,
. Sir -.. You are hereby commanded to take said woman, and her chil- dren that are now in Manchester, and transport them to head quarters at Rutland, and there deliver them to the commanding officer, who will or- . der a party of the men under his command to transport and guard them to some convenient place, on the east side of Lake Champlain, where she can go to the enemy, in order to get to her husband; and also take, of her moveable estate, formerly the property of said -, now in her pos- session, two feather beds and bedding, not exceeding eight sheets. six cov- erlids or blankets, five plates, two platters, two basons, one quart cup, anel knives and forks, if he has such things, and her own, and her chil- dren's, wearing apparrel. The rest of the moveables. belonging to said estate, you will sell to the best advantage, in order to defray the charge of transportation of her family. You will keep exact accounts, and the overplus, you will pay to the Treasurer of this State.
By order of Governor and Council, .1
M. LYON, D. Sec'y.
In Council, June 4, 1778. To Benjamin Fay, Esq. Sheriff of the County of Bennington.
This Council have taken into consideration, this day, the petition of David Redding, now a prisoner, under sentence of death, and do hereby, in consequence, reprieve him the said David Redding, until Thursday next, the 1 1th instant June, precisely at the hour of two o'clock, in the afternoon of said day. You are therefore, hereby ordered to suspend his execution until that time.
By order of Council,
,
THOMAS CHITTENDEN.
In Council, June 5, 1778.
Col. Samuel Herrrick,
Sir Yours of this days date, have received. In answer thereto, would inform you that Redding did petition the General Assembly of this State, for a re-hearing, inasmuch as he was tried by a jury of six men, only. The members of the Assembly not being come so fully before the time of his execution, so as to determine the matter, therefore, this Council have reprieved said Redding from being executed, until 'Thurs- day next, two o'clock, in the afternoon. This Council do not doubt, in the least, but that the said Redding will have justice done him, to the satisfaction of the public.
By order of Governor and Council,
THOMAS CHANDLER, JUN. Sec'y.
In Council, June 9, 1778.
Resolved, that Col. Ethan Allen be, and is hereby chosen to act in the capacity, and do the duty, of States Attorney, in the cause depending be- trveen this, the United States of America, and David Redding, a prisoner
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EXTRACTS FROM JOURNAL
to be tried this day, for enemical conduct against this, and said United States.
By order of the Governor and Council, THOMAS CHANDLER, JUN. Sec'y.
In Council, Bennington, 17th June, 1778.
Upon the petition of Lurania M'Clane, praying to be discharged from her late husband, John M'Clane, for certain reasons mentioned in her said petition ; as by said petition, on file, may appear ;- he the said John M'Clane, being notified, did not appear before this Council.
This Council having considered the petition and the matter contained therein, with the evidences and their circumstances, do adjudge that the said Lurania, of right, ought to be discharged from the said John M'Clane, and he is hereby divorced ; and therefore, resolve and declare that the said Lurania be discharged from him the said John M'Clane, and that she has a good and lawful right to marry to another man.
By order of Governor and Council,
THOMAS CHANDLER, JUN. Sec'y.
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CONSTITUTION
OF THE
STATE OF VERMONT,
AS ESTABLISHED BY CONVENTION,
JULY 2, 1777 .*
WHEREAS, all government ought to be instituted and supported, for the security and protection of the community, as such, and to enable the in- dividuals who compose it, to enjoy their natural rights, and the other blessings which the Author of existence has bestowed upon man; and whenever those great ends of government are not obtained, the people have a right, by common consent, to change it, and take such measures as to them may appear necessary to promote their safety and happiness.
And whereas, the inhabitants of this State have, (in consideration of protection only ) heretofore acknowledged allegiance to the King of Great Britain, and the said King has not only withdrawn that protection, but commenced, and still continues to carry on, with unabated vengeance, a most cruel and unjust war against them ; employing therein, not only the troops of Great Britain, but foreign mercenaries, savages and slaves, for the avowed purpose of reducing them to a total and abject submission to the despotic domination of the British parliament, with many other acts of tyranny, (more fully set forth in the declaration of Congress) where- by all allegiance and fealty to the said King and his successors, are dis- solved and at an end ; and all power and authority derived from him, ceased in the American Colonies.
And whereas, the territory which now comprehends the State of Ver- mont, did antecedently, of right, belong to the government of New-Hamp- shire ; and the former Governor thereof, viz. his Excellency Benning
* It is worthy of remark, that this 'Constitution was never submitted to the people for their approbation. It is stated by Ira Alten, in his history of Vermont that the cre den- tials of the members of the Convention, authorised them to form a constitution, but were silent as to its ratification ; and that, owing to the unsettled state of public opin- ion, it was thought hazardous to submit it, directly, to the decision of the people. It was, however, silently submitted to, -not only because a government, organized under even a defective constitution, was esteemed preferable to the unsettled state of things which had so long existed, but becan e such organ zation seemed necessary to lay the foun- dation for a recognition of the sovereignty of Vermont, and her admission into the un- ion. [See Thomas Young's address to the inhabitants of Vermont, page 76 ]
For some account of the formation of this Constitution, the reader is referred to pages 79, 80, and 81, of this collection.
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212
FIRST CONSTITUTION.
Wentworth, Esq. granted many charters of lands and corporations, with- in this State, to the present inhabitants and others .* And whereas, the late Lieutenant Governor Colden, of New York, with others, did, in vio- lation of the tenth command, covet those very lands ; and by a false rep- resentation made to the court of Great Britain, (in the year 1761, that for the convenience of trade and administration of justice, the inhabi- tants were desirous of being annexed to that government,) obtained ju- risdiction of those very identical lands, ex-parte ;t which ever was, and is, disagreeable to the inhabitants. And whereas, the legislature of New- York, ever have, and still continue to disown the good people of this State, in their landed property, which will appear in the complaints here- after inserted, and in the 36th section of their present constitution, in which is established the grants of land made by that government.
They have refused to make re-grants of our lands to the original pro- prietors and occupants, unless at the exorbitant rate of 2300 dollars fees for each township ; and did enhance the quit-rent, three fold, and de- manded an immediate delivery af the title derived before, from New- Hampshire.
The judges of their supreme court have made a solemn declaration, that the charters, conveyances, &c. of the lands included in the before described premises, were utterly null and void, on which said title was founded : in consequence of which declaration, writs of possession have been by them issued, and the sheriff of the county of Albany sent, at the head of six or seven hundred men, to enforce the execution thereof.
They have passed an act, annexing a penalty thereto, of thirty pounds fine and six months imprisonment, on any person who should refuse as- sisting the sheriff, after being requested, for the purpose of executing writs of possession.
The Governors, Dunmore, Tryon and Colden, have made re-grants of several tracts of land, included in the premises, to certain favorite land jobbers in the government of New-York, in direct violation of his Bri- tannic majesty's express prohibition, į in the year 1767.
They have issued proclamations, wherein they have offered large sums of money, for the purpose of apprehending those very persons who have dared boldly, and publicly, to appear in defence of their just rights.
They did pass twelve acts of outlawry, § on the 9th day of March, A. D. 1774, impowering the respective judges of their supreme court, to award execution of death against those inhabitants in said district, that they should judge to be offenders, without trial.
"They have, and still continue, an unjust claim to those lands, which greatly retards emigration into, and the settlement of, this State.
They have hired foreign troops, emigrants from Scotland, at two dif- ferent times, and armed them, to drive us out of possession.
They have sent the savages on our frontiers, to distress us.
* For a list of these grants, see page 13-16.
+ See page 19.
Į For this prohibition, sce page 21.
¿ See page 42-48.
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243
FIRST CONSTITUTION.
They have proceeded to erect the counties of Cumberland and Glo- cester, and establish courts of justice there, after they were discounte- nanced by the authority of Great Britain.
The free Convention of the State of New-York, at Harlem, in the year 1776, unanimously voted, " That all quit rents, formerly due to the King of Great Britain, are now due and owing to this Convention, or such future government as shall be hereafter established in this State."
In the several stages of the aforesaid oppressions, we have petitioned his Britannic majesty, in the most humble manner, for redress, and have, at very great expense, received several reports* in our favor ; and, in other instances, wherein we have petitioned the late legislative authority of New-York, those petitions have been treated with neglect.
And whereas, the local situation of this State, from New York, at the extream part, is upward of four hundred and fifty miles from the seat of that government, which renders it extream difficult to continue under the jurisdiction of said State.
Therefore, it is absolutely necessary, for the welfare and safety of the inhabitants of this State, that it should be, henceforth, a free and inde- pendent State ; and that a just, permanent and proper form of govern- ment, should exist in it, derived from, and founded on, the authority of the people only, agreeable to the direction of the honorable American Congress.
We the representatives of the freemen of Vermont, iu General Con- vention met, for the express purpose of forming such a government,- confessing the goodness of the Great Governor of the universe, (who alone, knows to what degree of earthly happiness, mankind may attain, by perfecting the arts of government,) in permitting the people of this State, by common consent, and without violence, deliberately to form for themselves, such just rules as they shall think best for governing their future society ; and being fully convinced that it is our indispensable du- ty, to establish such original principles of government, as will best pro- mote the general happiness of the people of this State, and their pos- terity, and provide for future improvements, without partiality for, or prejudice against, any particular class, sect, or denomination of men whatever,-do, by virtue of authority vested in us, by our constituents, ordain, declare, and establish, the following declaration of rights, and frame of government, to be the CONSTITUTION of this COMMONWEALTH, and to remain in force therein, forever, unaltered, except in such articles, as shall, hereafter, on experience, be found to require improvement, and which shall, by the same authority of the people, fairly delegated, as this frame of government directs, be amended or improved, for the more effectual obtaining and securing the great end and design of all gover !! ment, hierein before mentioned.
* For one of these reports, see page 33-5.
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244
FIRST CONSTITUTION.
CHAPTER I.
A DECLARATION OF THE RIGHTS OF THE INHABITANTS OF THE STATE OF VERMONT.
I. THAT all men are born equally free and independent, and have certain natural, inherent and unalienable rights, amongst which are the enjoying and defending life and liberty ; acquiring, possessing and pro- tecting property, and pursuing and obtaining happiness and safety. Therefore, no male person, born in this country, or brought from over sea, ouglit to be holden by law, to serve any person, as a servant, slave or apprentice, after he arrives to the age of twenty-one years, nor female, in like manner, after she arrives to the age of eighteen years, unless they are bound by their own consent, after they arrive to such age, or bound by law, for the payment of debts, damages, fines, costs, or the like.
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