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 32
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do.
Voted, to accept the eiglith do. do.
265
GENERAL ASSEMBLY.
Voted, to accept the ninth do.
do.
Voted, to accept the tenth do.
do.
Voted, to accept the eleventh do. do.
Voted, to accept the twelfth do. do.
Voted, to accept the thirteenth do.
do.
Voted, to accept the fourteenth do. do. without the amendment.
Voted, to accept the sixteenth
do.
do.
Doct. Reuben Jones dissentinent.
Voted, to accept the seventeenthi do.
do.
Voted, to accept the eighteenth do.
do.
Voted, to accept the nineteenth do. do.
Doct. Jones and Capt. Cochran, dissentinents.
Voted, to accept the twentieth do.
do.
Voted, to accept the twenty-first do.
do.
Voted, to accept the twenty second do. do.
Voted, to accept the twenty-third do. do.
Voted, to accept the twenty-fourth do. 7
do.
Voted, to accept the twenty-fifth
do.
do.
Voted, to accept the twenty-sixth
do.
do.
Voted, to accept the twenty-seventh do.
do
Voted, to accept the twenty eighth do.
do.
And that all bouds, notes and obligations on interest, clear of debt, with cash on hand, be taxed in like manner with other articles in this bill.
Assembly adjourned until three o'clock in the afternoon.
Assembly met, according to adjournment.
The report of the committee appointed out of this House, to devise measures for raising men to defend the frontiers, by filling up Col. War- ner's regiment or otherwise ; which, being read and amended, was put to vote, and passed in the affirmative.
A form of a proclamation for a fast, was presented to this House by the Secretary, and read,-was put to vote, and passed in the affirmative ; the day was specified, the third Wednesday of April next.
Voted, that Capt. Curtiss, Capt. Fassett, Col. Barrett, Capt. Jolin Smith and Mr. Alverd, be'a committee to form a plan, prescribing in what manner, or what measures to take, to raise the men above mene tioned.
A bill was presented to this House by the Council, relative to their paying the surgeons for dressing the wounds of the soldiers of this State, that was wounded in the Bennington action-being read and debated, was put to vote, and passed in the affirmative.
Assembly adjourned until to-morrow morning, eight o'clock.
Tuesday, March 24, 1778.
Assembly met, according to adjournment.
Voted, that the men voted to be raised by this State, yesterday, be an- Rexed to Col. Seth Warner's regiment.
K 2
do.
Voted, to accept the fifteenth
266
JOURNAL OF THE
Voted, that the line between Bennington and Rutland shires, be the north line of Dorset and Tinmouth.
Voted, that the division line of the two shires on the east side of the mountains, be the ancient county line
Voted, to accept of the bill presented to this House by the Council, · relative to giving Capt. Gallop liberty to dispose of some tory land, on certain conditions therein mentioned.
Assembly made choice of Gen. Jacob Bailey, first judge, Mr. Jacob Burton, second, Mr. William Heaton, third, Mr. Reuben Foster, fourth, and Capt. John French, fifth, judges for the shire of Newbury ;- Major John Shepherdson, first, Mr. Stephen Tilden, second, Hlubbel Wells, Esq. third, Deacon Hezekiah Thomson, fourth, and Nathaniel Robinson, Esq. fifth, judges for the shire of Westminster ;- Major Jeremiah Clark, first, Capt. Samuel Rebinson, second, Lieut. Martin Powel, third, Capt. John Fassett, jun. fourth, and Lieut. Thomas Jewett, fifth, judges for the shire of Bennington,-and Joseph Bowker, Esq. first, Major Hebar Al- len, second, Charles Brewster, third, Capt. John Starks, fourth, and Capt. Jonathan Fassett, fifth, judges for the shire of Rutland.
Assembly adjourned until two o'clock, afternoon.
Assembly met, according to adjournment.
Voted the act for regulating town meetings.
Voted the act relative to catching fish in White River.
Voted, to submit the drawing the lines of defence, in the northern de- partinent, unto the Governor and Council.
Passed an act, specifying the lines of the probate districts.
Voted, that the fees of the court of probate, be three times as much as established in the Connecticut law.
Voted, that his honor, the Deputy Governor, have the same wages, per day, as a Councillor.
Voted, to accept the report of the committee relative to raising the troops in this State.
Voted, to postpone the county elections for the present.
Voted, that Capt. Curtis, Mr. Cephas Kent, and Ensign Harris, be a committee to form a bill, in what manner and form to elect the probate Judges.
Voted, that Capt. John Smith and Capt. John Coughran, have leave of absence for the present.
Assembly adjourned until to-morrow morning, eight o'clock.
Wednesday, March 25, 1778:
· Assembly met, according to adjournment.
Voted, to allow the Secretary of this State, three times as much fees, for all business that he does, or may perform, except for memorials or petitions to the General Assembly, and he shall not be entitled to more fees for the petitions to this Assembly, than what is specified in the Con- necticut law.
\ oted, to add to the soldiers' wages, that is to be raised according to a vote of this House, so much as to make their wages four pounds per
٢
267
GENERAL ASSEMBLY.
month. Also, the same addition shall be made to all the soldiers that are already inlisted into Col. Warner's regiment, that do belong to this State, from the first day of May next, to the last day of November next.
Voted, to accept of the report of the committee relative to electing probate courts.
· Passed the bill impowering the Governor and Council to confer with the commander in chief, and to draw such lines of defence as they shall judge proper.
Voted, to accept the report of the committee relative to raising men ; the same to be laid before the Governor and Council.
Assembly adjourned, until two o'olock, afternoon.
Assembly met, according to adjournment.
Voted, to pass the militia bill, presented to this.House by the Council, into an act of this Assembly.
Voted, Capt. Jonathan Fassett, Col. Barrett, Major Fletcher, Capt. Curtiss and Mr. Harvey, be a committee to look out the papers passed by this House, that ought to be copied, and compare the same.
Assembly adjourned, until to-morrow morning, six o'clock.
Thursday, March 26, 1778.
Assembly met, according to adjournment.
Voted, that the Governor and Council be, and are hereby, impowered to act respecting tory lands, as they shall judge proper or advantageous to this State, and do justice to the persons that owned said lands.
\ oted, that the bill presented to this House by Lieut. Gov. Marslı, be postponed until the next session.
Voted, that Capt. John Fassett, Col. Barrett and Capt. Curtis, be a committee to adjust all the accounts of the Representatives, and make report.
Passed the bill impowering the Council to dispose of tory estates, and put the money into the treasury of this State.
Passed an act for the punishing high treason and other atrocious crimes, as said act stands in the Connecticut law book.
Passed an act against treacherous conspiracies, as said act stands in the Connecticut law book.
Voted, that Capt. Thomas Rowley, Capt. John Fassett, and Lieut. Gideon Ormsby, be a committee to copy such of the proceedings of this · Assembly, as are necessary for the inhabitants to know, at present, and furnish each town in the county of Bennington, with one copy of each, as soon as may be.
Voted, that Capt. Curtiss, Doct. Amsden and Mr. Alexander Harvey, be a committee to copy such of the proceedings of this Assembly, as are necessary for the inhabitants to know, at present, and furnish each town in the county of Cumberland, with one copy of each, as soon as may be.
Voted, that Col. Barrett, Ensign Harris and Mr. Alverd, be a com- mittee to make alterations in the marriage bill ; - the above vote is recor,- sidered.
-
268
JOURNAL OF THE
Voted, to accept of the report of the committee appointed to adjust the accounts of the representatives, sheriff, and constable, for this ses- sion.
Voted, that an order be given on the Treasury, to pay the representa- tives, &c. agreeable to said report.
Voted, that the sheriff' and constable be allowed fifteen shillings per day, each, for their attendance.
1 oted, that his Excellency the Governor and Council be impowered to choose a committee out of their own body, to prepare matters to be laid before this House, at their next session.
Voted, to adjourn this Assembly, until the first Thursday of June next, to meet at the house of Capt. Stephen Fay, of Bennington.
NATHAN CLARK, Speaker.
Attest, REUBEN JONES, Assistant Clerk.
JOURNAL, &c.
JUNE, 1778.
Thursday, June 4, 1778.
The General Assembly of the State of Vermont, met at Bennington, at the house of Capt. Stephen Fay, according to their adjournment from Windsor, the 26th of March last ; and opened in form.
Voted, that Col. John Barret be, and is hereby, appointed Clerk, pro tempore.
Assembly adjourned, until to-morrow morning, eight o'clock, then to meet at the meeting-house.
-
Friday, June 5, 1778.
Assembly met, according to adjournment.
Voted, that the Rev. Mr. Dewey be presented with the compliments of this House, to desire him to pray with this Assembly, at their opening, in the morning, for this present session.
Assembly adjourned, until two o'clock, afternoon.
Assembly met, according to adjournment.
Voted, to accept the prayer of William Haviland's petition, and that a committee be appointed to examine into the premises contained in said petition, and make report to this House.
Voted, that Capt. John Fassett, Mr. Jolin Burnham and Mr. Jonathan Waldo, be a committee for the above purpose.
Voted, tlrat the petition of the inhabitants of Pownall, be taken into
269
GENERAL ASSEMBLY.
1
consideration, and that a committee be appointed to report their opinion concerning the same. Committee chosen,-Lieut. Jewett, Capt. Jolin Fassett and Ensign Harris.
Voted, to take into consideration the difficulties attending the fishery in White River.
Voted, that the special courts appointed in the several shires in this State, are not deemed county courts, agreeable to an act* passed in this Assembly, at their session in March last, relating to fishing, &c.
Assembly adjourned, until to morrow morning, eight o'clock.
Saturday, June 6, 1778.
Assembly met, according to adjournment.
Passed an act permitting gates to be erected on the Albany foad, in Pownall.
Voted, that the petition presented to this House by David Redding,1 be taken into consideration ; and that a committee of five be appointed to prepare a bill, in consequence of said petition, &c. Comittee chosen, Mr. Webb, Mr. Alverd, Capt. Jolin Fassett, Ensign Harris and Major Olin.
Assembly adjourned, until two o'clock, afternoon.
Assembly met, according to adjournment.
Voted, that the petition of William Haviland be withdrawn.
Assembly adjourned, until next Monday morning, eight o'clock.
"Within the meaning of an act," will make this vote intelligible.
t It seems that David Redding had been convicted of " enemical conduct," and sen- tenced to be executed on the 4 th day of June.
The curiosity which, not much to the honor of human nature, has ever been manifested on such occasions, was, on this, greatly heightened by the fact, that a public cxeentien had never been witnessed in Vermont. To this curiosity, was added the strong teelig of indignation which such a crime was calculated to excite, at that period Under the influence of these feelings, a vast multitude collected to witness the execution. hi the mean time, however, the learned Council had discovered an important defect in the pro- credings Redding bad bern tried by a jury of six only ; and it was very unfortunately discovered, that this was contrary to the common law of Great Britain, which required the verdict of twelve. Application was immediately made to the Governor and Council for a reprieve, until a new frial could be had The reprieve was granted} at the moment the anxious throng were collecting to witness the execution
With such a multitude, and on such an occasion, it was in vain to reason, or taik of the rights of Englishmen They had all pronounced the culprit guilty, and were not in a condition to understand upon what principle the verdict of the whole community could be set aside, with so little ceremony While they were agitated with miugird emotions of disappointment and indignation, ETHAN ALLEN, suddenly pressing through the crowd, as- cended a stump, and waving his hat- exclaiming-" attention the whole"-proceeded to announce the reasons which produced the reprieve,-advised the multitude to deist peaceably to their habitations, and return on the day fixed for the execution, M the acc of the Governor and Council ;- adding, with an oath, -. You shall see somebody nung at all events, for it Redding is not then hung I will be hung myself !"
Upon this assurance, the uproar ceased, and the multitude dispersed.
Redding was again tried on the 9th of June, and executed on the eleventh.
The fore going anecdote has been often related to the editor by those who were eye wit- nes:es of the scene; and accords too well with the spirit of the times, and the went. #Wro character of Ethan Allen, to leave a doubt of its authenticity.
# See the act of the Governor and Council, page 239.
1
JOURNAL OF THE
270
Monday, June 8, 1778+
Assembly met, according to adjournment.
Voted, that Col. John Barrett be, and is hereby, appointed an assistant Clerk.
Voted, to form a bill for the regulating the Sabbath, and that a com- mittee of five be appointed for said purpose. Committee chosen,-Mr. Rowley, Capt. Curtis, Col. Strong, Mr. Alverd and Capt. Kent.
Voted, to keep the first day of the week as the Sabbath or Lord's day,-and that Mr. Wells, Mr. Harvey and Col. Barrett, be added to the above committee.
Voted, to give a premium for the destruction of wolves ; and that a committee of three be appointed to prepare a bill to lay before this House for the purpose aforesaid. Committee chosen-Mr. Wells, Esq. Dana and Ensign Harris.
Adjourned until two o'clock, afternoon.
Assembly met, according to adjournment, and adjourned until eight o'clock, to-morrow morning.
Tuesday, June 9, 1778.
Assembly met according to adjournment.
Voted, that Mr. Elijalı Alverd be, and he is hereby, appointed a mon- itor.
Voted, to receive Mr. Silas Hamilton's petition on file.
Voted, to take Mr. Haviland's petition into consideration, and that a committee of three be appointed, to look into the matters contained in said petition, and make report to this House. Committee chosen-Mr. Simeon Hathaway, Mr. Jonathan Waldo, and Capt. Samuel Robinson.
Voted, that Doct. Jacob Ruback's petition be taken into consideration. Assembly adjourned until two o'clock, afternoon.
Assembly met, according to adjournment, and adjourned until to-mor- row morning, eight o'clock.
Wednesday, June 10, 1778.
Assemby met, according to adjournment.
Voted, that Doct. Samuel King have leave of absence.
Voted, that there be a committee appointed to count the votes, or make a list of those towns that voted for the union.
Voted, that Col. Barret, Capt. Ira Allen and Col. Peter Olcott, be the committee, for the aforesaid purpose.
Assembly adjourned until two o'clock, afternoon.
Assembly met, according to adjournment.
Voted, to take a vote of the Assembly at eight o'clock, to-morrow morning, respecting the union.
Assembly adjourned until to-morrow morning, eight o'clock.
271
GENERAL ASSEMBLY,
Thursday, June 11, 1778. 1
Assembly met, according to adjournment.
Voted, that the union takes place - thirty-seven in the affirmative and twelve in the negative, respecting the above union .*
Voted, that the bill presented to this House, in conjunction with the union, be accepted and pass.
Voted, that the request of General Stark, to raise a subaltern and twenty men, to guard the stores at Bennington, be complied with ; and · that a committee be appointed to agree with a subaltern for the aforesaid purpose. Committee chosen-Capt. John Fassett and Jonathan Fassett. Voted, that their wages be four pounds per month. 1
Voted, that a committee of three be appointed to adjust Doct. Dick- . enson's account against this State. Committee chosen-Doct. Amsden, Capt. Curtiss and Capt. Rowley.
Assembly adjourned until five o'clock, afternoon.
Assembly met, according to adjournment.
Voted, that a committee of three be appointed to form a bill to lay be- fore this House, relative to raising the men to guard the stores, &c. Committee chosen-Col. Barret, Ensign Harvey and Mr. Alexander Harvey.
Voted, to receive William Millen's petition into consideration. - Said petition is dismist.
Voted, to take into consideration the petition of Giles Alexander.
Voted, to take into consideration the petition of John Cannon ; and that a committee be appointed to take into consideration the above petition, and report to this House. Committee chosen-Capt. Jonathan Fassett, Col. Strong and Capt. Rowley.
Voted, that a committee of five be appointed to look into the affair of Giles Alexader's petition. Committee chosen-Major Shepherdson, Col. Carpenter, Col. Samuel Fletcher, Capt. Samuel Robinson and Capt. Curtis.
Assembly adjourned, until eight o'clock, to-morrow morning.
Friday, June 12, 1778.
Assembly met, according to adjournment.
Voted, that a committee of three be appointed to draw instructions for the committe appointed to look into Giles Alexander's petition. Committee chosen-Maj. Olin, Col. Barrett and Mr. Alexander Harvey.
Voted, in the House of Assembly, with the advice of the Council, that one hundred men, out of Col. Beadle's regiment, be sent to guard the frontiers, the west side of the mountains.
Voted, that Col. Strong keep his seat in this House.
Voted, that Mr. Zadock Remington be dismist or expelled this House. Voted, that Esq. Brewster be expelled or dismist this House.
Assembly adjourned, until two o'clock, afternoon.
* See page 89, &c.
272
JOURNAL OF THE
Assembly met according to adjournment.
Voted, to take Capt. Samuel Robinson's petition into consideration. Voted, that Mr. Thomas Tuttle be expelled this House.
Voted, that Mr. Simeon Chandler retain or keep his seat in this House.
Voted, to take into consideration the petition of Col. Warren, and that a committee of three be appointed to look into said petition. Com- mittee chosen Jolin Fassett, Esq. Doct. Amsden and Capt. Curtiss.
¿ oted, that Capt. Curtiss be a comunittee to wait on his Excellency, with Col. Warren's petitition.
Voted, that Capt. Smith's petition be taken into consideration, and that a committee of three be appointed to look into the prayer of said petition and report to this House. Committee chosen-Mr. Moses Rob- inson, Martin Powel, Esq. and Mr. Ebenezer Hurlburd.
Voted, to take Col. Ethan Allen's petition into consideration.
Assembly adjourned until eiglit o'clock, to-morrow morning.
Saturday, June 13, 1778.
Assembly met, according to adjournment.
Voted, that the committee appointed to look into the affair of Giles Alexander's petition, meet at Mr. Elijah Alverd's, in Wilmington, on the second Thursday of September next.
Capt. Jolin Maston took his seat in this Assembly.
Voted, that a committee of five be appointed, to prepare a bill, relative to raising troops to guard the frontiers, and lay the same before this House, Committee chosen-Col. Barrett, Jonathan Fassett, Esq. John W. Dana, Esq. Capt. Curtiss and Capt. Thomas Rowley.
Voted, to take Joseph Marslı's petition into consideration.
Voted, that Col. Ethan Allen's petition be granted.
Voted, that Maj. Olin apply to the Governor and Council for direc- tions, relative to the support of tory families, for the future.
Voted, that a committee of three be appointed, to prepare a bill to lay before this House, setting forth how the several towns shall be supplied with gun-powder, lead, flints, &c. Committee chosen-Capt. Rowley, Elijah Alverd and Col. Strong.
Mr. Washbourn and Everest have leave of absence, until Monday, eight o'clock.
Adjourned until two o'clock, afternoon.
Met according to adjournment.
Voted, that one sixth part of the militia, south of Danby and Pollet, be immediately sent to guard the frontiers of this State.
Voted, that a committee of three be appointed, to take Doct. Ru- back's petition into consideration, and report to this House. Committee chosen Mr. Webb, Capt. Curtiss and Maj. Olin.
! oted, that Capt. Jonathan F'assett have leave of absence, until Mon- day next,-and capt. Jolin Fassett have leave of absence, until Mon- day next.
Voted, to take Capt. Clark's petition into consideration, on Monday next, two o'clock, P. M.
273
GENERAL ASSEMBLY.
Assembly adjourned until Monday next, eiglit o'clock in the forenoon.
Monday, June 15, 1778.
Assembly met, according to adjournment.
X. Capt. William Gallop took his seat in the House.
Capt. Edmond Hodges took his seat in the House.
Voted Matthew Hammon's petition be received on file.
Voted, that a committee of three be appointed, to draw instructions to the committee on the petition of Daniel Smith. Committee chosen --- Capt. Rowley, Col. Strong and Mr. Jackson.
. Assembly adjourned until two o'clock, afternoon.
Assembly met, according to adjournment.
According to a resolution of the 13th, took the petition of Captain Clark into consideration, and voted it in the negative.
Voted, to take the petition of the Reverend Doct. Wheelock into con- sideration.
Voted, to take the incorporated university of Dartmouthi, under the patronage of this State.
Voted, that the Rev. Doct. Eleazar Wheelock, be appointed, and com- missioned, as a justice of the peace, for said incorporated society.
Voted, that the trustees of Dartmouth College have power to choose or nominate, an assistant justice to the Rev. Eleazar Wheelock, D. D.
Voted, that a committee of three be appointed to revise the act against counterfeiting bills of credit, &c. Committee chosen-Col. Barrett, Capt. Curtiss and John Fassett, Esq.
Assembly adjourned until eight o'clock, to-morrow morning.
Tuesday, June 16, 1778.
Assembly met, according to adjournment.
Voted, that a committee of six be appointed to form a bill, relative to county elections, and make report to this House. Committee chosen- Mr. Webb, Ensign Harris, Capt. Rowley, Mr. Harvey, Capt. Hodges and Capt. Curtiss.
Voted, that a committee of five be appointed to prepare a bill to pre- serve all white pine timber in this State, fit for masting, &c. Committee chosen-Esq. Robinson, Capt. Kent, Col. Strong, Col. Barrett and Capt. Curtiss. 1
Assembly adjourned, until two o'clock, afternoon.
Assembly met, according to adjournment.
Voted, to proceed in county elections, immediately.
. Voted, that a committee of four be appointed to apply to the Governor und Council for direction and information, relative to Capt. Clark's peti- tion. Committee chosen-Ensign Harris, Mr. Webb, Capt. Jolin Fas- sett and Mr. Alverd.
Assembly adjourned until to-morrow morning, eight o'clock.
L 2
274
JOURNAL OF THE
Wednesday, June 17, 1778.
Assembly met, according to adjournment, and adjourned until two o'clock, afternoon.
Assembly met according to adjournment.
Voted, that the following persons, viz :- John Shepherdson, Esquire, Stephen Tilden, Esq., Hezekiah Thomson, Esq., Col. Sanmel Fletcher and Mr. Joshua Webb, be, and they are hereby, appointed judges of a special court, in the shire of Westminster.
Voted, that Deacon Smalley, Deacon John Burnet, William Heaton, Esq., Mr. Benjamin Baldwin and Reuben Foster, Esq., be, and they are hereby, appointed judges of a special court, for the shire of Newbury.
Voted, that Samuel Robinson, Esq., Martin Powell, Esq., John Fas- sett, Esq., Thomas Jewett, Esq. and Maj. Gideon Olin, be, and they are hereby, appointed judges of a special court, for the shire of Bennington.
Voted, that Thomas Rowley, Esq. Maj. Hebar Allen, Capt. John Starks, Capt Jonathan Fassett and Theodus Curtiss, be, and they are hereby, appointed judges of a special court, for the shire of Rutland.
Voted, that a committee of three be appointed to confer with Mr. - M'Connel, a wire drawer, and card maker, and make report what pre- mium they shall judge ought to be given to said M'Connel, if he will set up the above manufactory in this State. Committee chosen-Captain Rowley, Mr. Webb and John Fassett, Esq.
Voted, that a committee of three be appointed, to adjust the accounts of wounded men, &c. Committee chosen- Nathan Clark, Esq , Capt. Elijah Dewey and Simeon Hathaway, Esq., to join a committee from the Council.
Voted, that the Representatives be allowed the same wages as was al- lowed them, at their last session.
Voted, that a committee of three be appointed to adjust the Represen- tatives' accounts. Committee chosen-Col. Barrett, Capt. John Fassett and Capt. Curtiss.
Voted, that Col. Ethan Allen, Nathan Clark, Esq., Mr. Joseph Brad- ley, Mr. Reuben Harmon and Joseph Fay, Esq. be the officers pursuant to Col. Ethan Allen's request.
Assembly adjourned until to-morrow morning, eight o'clock.
Thursday, June 18, 1778.
Assembly met according to adjournment.
Voted, that the petition, signed Joseph Bowker and others, be received on file, and to be taken into consideration, some future time.
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