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 36
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That if such idiot, distracted, poor, and impotent persons have not estate (the income whereof being improved, or disposed of, as aforesaid) sufficient for their support, and no relations appear to provide for them, or that stand in so near a degree that they may be compelled thereto; in every such case, the select-men, or overseers of the poor of the town or peculiar,* where such person is, by law, an inhabitant, be, and are hereby impowered and required to take effectual care, and make necessary provis- ion for the relief, support and safety of such person, at the charge of the town or place where he or she of right belongs : and if they belong to no town or place in this or the other American States, then at the cost of this State.
Be it further enacted, by the authority aforesaid, that the select-men, for the time being, in the several towns in this State, shall, from time to time, diligently inspect into the affairs and management of all persons in
· A term cinployed to designate places not within the limits of any town -- see " Ac. frecting listers in their office and duty."
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their town, whether householders or others ; and if they shall find any person or persons that are likely to be reduced to want, by idleness, mis- management or bad husbandry, that then such select-men may appoint an overseer to advise, direct, and order, such persons in the management of their business, for such time or times as they shall think proper : a certif- icate of which appointment shall be set on the sign-post, and a copy thereof lodged in the town clerk's office, by such select-men forthwith ; and thereupon, no such person, while under such appointment, shall be able to make any bargain, or contract, without the consent of such over- seer, that shall be valid in law.
And if such measures do not prove sufficient to reform such person, then the select-men may, and they are hereby directed to make applica- tion to the next assistant, or justice of the peace, and inform him thereof; which assistant, or justice, is hereby directed and impowered, at the re- quest of the select-men, to issue forth his warrant to the sheriff, his deputy, or either of the constables of that town, commanding him to take the body of such person, and bring him before such authority, in order that such person may be examined concerning his idleness or mismanage- ment, and be dealt with, according to this act.
And in case, such person, who shall be informed against, shall abscond, so that he cannot be taken ; then the officer shall serve such warrant, by leaving a true, attested copy thereof, at the usual or last place of his abode : and after the proceedings above directed to, the select-men (if no sufficient reason be offered to the contrary) shall, by and with the advice of said assistant, or justice, (and having such advice, are hereby author- ised to) take such person, and his family, if any he hatlı, into, and under, their care ; and such person, and family, assign, bind, or dispose of, in service, as they shall judge best.
And when the select-men shall have taken into their care any such person, and disposed of him, as aforesaid ; or in case of his absconding, as aforesaid, being proceeded against as aforesaid, the select-men are hereby authorised, and fully impowered, by and with the advice of such assistant or justice, to take into their custody all the lands, goods, chattels, and credits of such persons, and the same dispose of, improve and man- age for the best good and advantage of such person, or his heirs.
Always provided, That no select-men shall sell the lands of such idle, or mismanaging, or poor person, without the order of the General As- sembly.
And the select-men shall publish their doings with, and on, such estate, taken by them, as aforesaid, by forthwith setting up a certification thereof, under the hands of such authority and select-men, at some public place in the town, and lodge a true copy thereof in the town-clerk's office in said town ; and shall also, within ten days after the taking of such estate, make a true and perfect inventory of all and singular the goods, chattels, and credits of such person, as shall come into their hands, with a just estimate of the true value of every article thereof, by the appraisement of two indifferent freeholders, under oath, being thereunto appointed and sworn by said authority : which inventory, so taken, shall be lodged in the town-clerk's office of that town.
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And if any person or persons shall detain, or withhold, from such se- lect-men, any estate, lands, or credits, belonging to such idle, mismanag- ing, or poor person, the select-men are hereby impowered to demand and recover the same, by action, or other lawful means ; which being re- covered and received by such select-men, shall be inventoried, and im- proved as aforesaid.
And the said select-men shall take care to pay ont of such estate, the. just debts due from such persons.
And if any person or persons shall be aggrieved with the doings of such select-men, in any such case, they may apply, and complain, to the next county court in that county, for relief ; who are hereby impowered to afford such relief, as on hearing the case, they shall think convenient and just, and give orders therefor, and put the same in execution.
And all such persons, who shall be taken, and whose estates shall be taken and disposed of, according to this act, shall be disabled to make any contract, act, or deed, that shall be binding upon their persons or estates, as minors, under guardians, by law are, until, by their industry, good management, and application to business, they shall obtain a certificate, under the hands of such select-men and authority, that they are released, and their estate put into their own hands and improvement.
AN ACT for forming and regulating the militia; and for encourage- ment of military skill, for the better defence of this State.
Be it enacted, and it is hereby enacted, by the representatives of the frevmen of the State of Vermont, in General Assembly met, and by the authority of the same, that the Governor of this State, for the time be- ing, shall be Captain General and Commander in chief ; and the Deputy Governor for the time being, shall be Major General, of and over all the military forces within the same.
That all the military companies in this State, shall be formed into regi- ments, as felloweth, viz ; -
That the military companies in the several towns included in the limits hereafter described, viz ;- beginning on the west bank of Connecticut river, where the same enters into the State of the Massachusetts-Bay; from thence up said river to the northeast corner of the township of Westminter; thence west, by the needle of the compass, to the county line; thence southerly on said line, until it comes to the north line of the Massachusetts-Bay aforesaid; from thence easterly, on said line, to the place of beginning, be, and are hereby, made and declared, to be one en- tire and distinct regiment ; and shall be distinguished and called by the name of the first regiment.
'The military companies in the several towns and gores included in the limits hercafter described, viz ;- beginning at the southwest corner of the township of Pownal; from thence northerly in the line of this State, to the northwest corner of Arlington; thence cast, a parallel line, until it strikes the county line; thence southerly on said county line, until it
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comes to the north line of the State of Massachusetts-Bay ; thence wes- terly on, said Massachusetts line, to the place of beginning, be, and is hereby made and declared to be one entire and distinct regiment; and shall be distinguished and called by the name of the second regiment.
The military companies in the several townships and gores included ' in the limits hereafter described, viz ;--- beginning at the northeast corner of the township of Westminster, on Connecticut river, and running nor- therly up said river, to the southeast corner of the township of Norwich ; thence westerly on the southerly lines of the towns of Norwich and Sharon, and to continue the same course to the county line; thence southerly on said line, until it comes to the northwest corner of the first regiment ; thence casterly on said line, to the place of beginning, be, and is hereby made and declared to be one entire and distinct regiment ; and shall be distinguished and called by the name of the third regiment.
The military companies in the several townships and gores included in the limits hereafter described, viz ;-- beginning at the southeast corner of the township of Norwich, on the west bank of Connecticut river; thence running northerly on said river, until it comes to the forty-fifth degree of northern lathade; thence west on said line, until it comes to the county line; thenee southerly on said county line, until it comes to the northwest corner of the third regiment ; thence casterly on the north line of said third regiment, to the place of beginning, be, and is hereby made and declared to be one entire and distinct regiment ; and shall be distinguish- ed and called by the name of the fourth regiment.
The military companies in the several townships and gores included in the limits hereafter described, viz ;- beginning at the northeast corner of the second regiment ; from thence running northerly, on the county line, until it comes to the forty-fifth degree of north latitude ; thence running west on Canada line, until it comes to Lake Champlain; then turning southerly on the west line of this State, until it comes to the northwest corner of the second regiment ; thence running casterly with the north line of the second regiment, until it comes to the first mentioned bounds, be, and is hereby made and declared to be, one entire and distinct regi- mient ; and shall be distinguished and called by the name of the fifth regiment.
That where, by the aforesaid division, or by any division which shall be hereafter made, it shall so happen that any of the said military com- pantes shall be divided, and put part into one regiment, and part into another regiment ; in such case, such company or companies shall be- long to that regiment, to which the major part of the company doth be- long.
"That there shall be in each regiment, from time to time, appointed by the soldiery and freemen within the same, a colonel, lieutenant colonel, and major, who shall be commissioned by the Governor of this State for the time being.
'That the colonel, or officer commanding in each regiment, as often as he shall see cause, shall require the captain, or chief officer of cach com- pany in his regiment, to meet at such time and place as he shall appoint, to confer with them, and give in charge such orders as shall, by them, or
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the major part of them, be judged meet, for the better ordering military affairs, and promoting military skill and discipline in said regiment.
And the said colonel, lieutenant colonel, and major of each regiment, are hereby inpowered to dignify the several companies belonging to their respective regiments, calling to their assistance the commissioned officers of the respective companies of said regiment.
And be it further enacted, by the authority aforesaid, that all male persons, from sixteen years of age to fifty, shall bear arms, and duly at- tend all musters, and inilitary exercise of the respective troops and com- panies, where they are inlisted, or do belong; except ministers of the gos- pel, councillors, justices of the peace, the secretary, judges of probate, and superior and inferior courts, the president, tutors, and students at col- legiate schools, masters of arts, allowed physicians and surgeons, repre- sentatives or deputies for the time being, school masters, attornies at law, one miller to each grist-mill, sheriff's and constables for the time being, constant jurymen, tanners who make it their constant business, lamed persons, or others disabled in body, producing a certificate thereof from two able physicians or surgeons, to the acceptance of the two chief offi- cers of the company whereto the person seeking dismission appertains, or of the chief officers of the regiment to which such company belongs.
That every listed soldier and other householder, shall always be pro - vided with, and have in constant readiness, a well fixed firelock, the bar- rel not less than three feet and a half long, or other good fire-arms, to the satisfaction of the commissioned officers of the company to which he doth belong, or in the limits of which he dwells; a good sword, cutlass, tomahawk or bayonet; a worm, and priming-wire, fit for cach gun ;. a cartouch-box, er powder-horn and bullet-pouch ; one pound of good powder ; four pounds of bullets fit for his gun, and six good flints ; on . penalty of eighteen shillings, for want of such arms and ammunition as is hereby required, and six shillings for each defect; and a like sum for every four weeks he shall remain unprovided : that each company shall choose some suitable person to be clerk, who shall be swoin to the faithful discharge of liis office, before some councillor of justice of the peace, which oath shall be admistered in the words following, viz.
You - - do solemnly swear by the erer living Cod, that you will faithfully execute the office of cierk of the military company of foot, commanded by Cupt. -- ualit another shall be chosen and sworn in your room ; and will do cqual right and justice to all men, to the best of your judgment and abilities, according to law. So help you God.
. And every clerk so chosen and sworn, shall give his attendance in the field, with his sword by his side, on every of the muster or training days, by his captain or chief officer appointed, to call over the roll of the sol- diers, and to take notice of their defects, by their absence or otherwise.
And every such clerk shall take an exact list of all the soldiers within his limits, twice in every year at least, and deliver to the captain or com- manding officer of the company of which he is clerk, a true copy of such
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list, twice in every year, if thereto required ; and also deliver a true and exact account of the number of officers and soldiers contained in his list, to the colonel or chief officer of the regiment to which said com- pany belongs, attested by him as clerk, some time in the month of A- pril annually, and oftener if by such chief officer required ; on penalty of forfeiting the sum of ten pounds for every such neglect, to the use of the company to which he belongs : which fine shall be levied by distress and sale of the offender's goods, by warrant from the chief officer of said company, directed to the constable of the town in which said Clerk dwells.
And every such clerk is hereby authorised and required to execute all lawful warrants, by his superior officers to him directed, and for the levy- ing any fine or fines on delinquents, together with necessary charges arising thereon; being by virtue of such warrant as fully impowered thereto as constables are in other cases, and shall have the same fees, and shall account for such fines to the chief officer of the company whereto he belongs.
That the colonel or chief officer of cach regiment, shall be, and is hereby impowered and authorised, upon any claim, invasion, or notice of the appearance of an enemy, either by water or land, to assemble in military array, and put in warlike posture, the whole militia of the regi- ment under his connand, or such part of them as he shall think needfill; and being so alarmed, to lead, conduct, and employ them, as well within the regiment whereto they belong, as in any other adjacent place in this State, for the assisting, securing, and relieving, any of the subjects of the united and independent States of America, or their forts, towns, or pla- ces, that shall be assaulted by any enemy, or in danger thereof; and with them, by force of arms, to encounter, repel, pursue, kill and destroy such enemy, or any of them, by any fitting ways, enterprizes or means what- soever.
And the colonel, or chief officer of any regiment, so taking to arms, or leading forth any party of men, shall forthwith post away the intelli- gence, and occasion thereof, to the captain-general or commander in chief, for the time being, and to the commanding officer of the northern department, for the time being; and shall attend and observe such direc- · tions and orders as he shall receive, frem time to time, from him the said captain-general.
That when any town or place in this State shall be assaulted, attack- ed, or set upon, by indians, or any other enemy, it shall be lawful for, and in the power of the chief commissioned officer or officers of the company or companies, in such place so assaulted, attacked, or set upon, to call forth all such soldiers under his or their command, and to martial, order, and dispose, them in the best manner, to defend the place so beset; and to encounter, repel, pursue and destroy the enemy ; and, if need so re- quire, to assist a neighbor town, when assaulted or set upon as aforesaid : and in case any officer or soldier shall refuse to master, and march, ac- cording to orders given him for the purposes aferesaid, by his superior officer ; such officer shall be cashiered, and forfeit and pay to the treasu- rer of the town where sach officer belongs, a sum in proportion to the
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wages such officer, so neglecting, would be intitled to for such service,- with the soldier who is, for such neglect, by this act, to pay a fine of eigh- teen pounds, to be applied for the purpose of employing soldiers in the service of this and the United States ; and to be recovered by bill, plaint, or information, in any court proper to try the same.
. And whereas, for the speedy and effectual defence of this and the United States of America, to raise men on sudden emergencies, and for particular services, by detaching part of the militia for that pur- pose :-
Wherefore, that the same, when ordered by the General Assembly, or the Governor and Council, in the recess of the Assembly, may be rendered effectual,
Be it enacted, by the authority aforesaid, that whenever the General Assembly, or the Governor and Council as aforesaid, shall resolve or or- der, that any ecrtain number or proportion of effective men shall be de- tached, or draughted, out of the respective regiments of militia in this State, or any of them, for any particular service, or to be in readiness therefor, on a sudden emergency, according as the General Assembly, or Governor and Council shall judge proper ; and that, if, in consequence and pursuance of such resolve or order, any captain, or chief officer of any company, shall cause his company to be warned to assemble and muster, at such time and place as he shall appoint-which he is directed to do, when required by his superior officer-to detach or draught any part thereof, for the purpose aforesaid; every soldier belonging to such company, being duly warned, shall appear, and attend such muster, ac- cording to such warning ; and for neglect thereof, shall forfeit and pay to the treasurer of the town where he dwells, the sum of twelve pounds, to be recovered by bill, plaint, or information, in any court proper to try the same.
And if any soldier shall, in any manner, be duly and legally detached or draughted, for the purpose and service or services aforesaid, and shall neglect or refuse seasonably to muster, join to, or proceed with, the troops he is appointed to serve with, (being duly noticed thereof) he shall forfeit and pay the sum of eighteen pounds, to be recovered as afore- said, and to be applied for the purpose of employing soldier or soldiers to perforin such service : and for want of goods or estate to answer the same, shall be disposed of, in service, to any subject of this or the United States of America, to satisfy the stumme; any law, usage, or custom, in any wise heretofore, to the contrary notwithstanding.
And be it further enacted, by the authority aforesaid, that if, at any time, it shall appear to the captain, and other commissioned officer or offi- cers of any company, that the following method is more convenient, he may and shall have a right to proceed accordingly, that is to say ;-
The captain, or commanding officer, shall, with the advice of his un- der officers, make a roll of all the men's names that he has a right to command, and then divide them into as many divisions as he has orders to draught or detach men, always haviug reference to those who have
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" done most in the present war, as well as the estates of mei; and when it shall so happen that the divisions or classes cannot be equ il in number, such officer, with the advice of his under officers then present, shall make all such classes as near equal as possible, by connecting men of interest, poor men, and those that have been at most expense in the present war, together in one class.
. Then such commanding officer shall make out a list of each person's name that is connected in one class, and give such list to some one man in each class, ordering each class to furnish one man, appointing a time and place for such men to meet, in order to muster or march to the place they may be ordered to.
And in case any such class shall refuse or neglect to furnish a man, as aforesaid, then such officer shall innnediately hire one man for every class so neglecting or refusing, as cheap as may be, pledging the faith of this State for the payment of such sum.
And such captain or commanding officer, so hiring a man or men, for any class or classes, with the advice of as many of his under officers as may be convenient, shall make out each man's proportion of the cost of hiring as aforesaid, (always having particular regard to those that have done most in this war, as well as the estates of persons) and issue his warrant thereon to his clerk, or some other meet person, directing him to take of the goods and chattels of such persons, in such proportion as his warrant shall direct, as also for the cost; and such clerk, or other mect person, shall sell such goods or chattels at public vendue, and return to the captain or commanding officer, the money which his warrant shall direct ; which shall be disposed of to pay the engagement of the captain or commanding officer, to the soldier who engages or does the service: and the cost being paid, the overplus, if any there be, shall be repaid to the owner of the goods or chattels so sold.
And every person authorised by any captain or commanding officer of any company of the militia of this State, to serve such warrant, is here- by authorised, and fully impowered, if he should, at any time, meet with opposition in the execution of his warrant, to command a sufficient num- ber of the'militia to his assistance ; and all persons are hereby directed to assist such person in the execution of his wariant.
And be it further enacted, by the authority aforesaid, that if any general officer shall, at any tine, receive orders from the captain-general, or commander in chief, requesting him to call together any regiment or regiments of militia within this State, or any part or parts of such regi- ment or regiments, and to march them for the immediate defence of this, or the United States of America, agreeable to such orders, and shall neg- lect or refuse to put the same in execution, agreeable thereto, he shall for- feit and pay to the treasurer of this State, the sum of three hundred pounds, to be recovered in the manner aforesaid.
And in case any field or other officer, commanding any regiment of militia within this State, shall refuse or neglect to put in immediate ex- cution, any order or orders he may receive from the captain-general, or from the general officer to whom any such order had been previously issued by the captain-general, for the purposes aforesaid; such officer
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shall, for such refusal or neglect, forfeit and pay to the publ c treasurer of this State, two hundred pounds, to be recovered as aforesaid.
And in case any captain or other commanding officer of any company of militia within this State, shall.refuse or neglect to put in immediate execution, any orders he may receive from any his superior officers, for the purposes aforesaid; or in case any such captain, or commissioned officer of any such company of militia, who may be nominated, and to whose lot it of course falls, to take the command of any number of sol- diers, so detached or draughted from the company or companies of the regiment to which such officer does belong, shall neglect or refuse to per- form such service, he shall, for such neglect or refusal, be cashiered, and suffer the penalty as aforesaid for a commission officer ; and the next com- missioned officer, to whose lot it shall, in course, fall, shall, forthwith, take such command; and said officer, so neglecting or refusing to perform his tour in the service, thereto required by his commanding officer, shall be reduced to the ranks : and that, if any commission officer of any military company, shall lay down his place, or give in his commission, without liberty from the captain-general ; and if any serjeant, clerk or corporal of such company, shall lay down his place, without liberty from the colonel or chief officer of the regiment whereto such serjeant, clerk or corporal doth belong ; . every such officer shall be listed in the roll of the company in the limits whereof he resides, and do all duties and services as private sentinels are, by law, required to do. "That all such persons that are not fifty years of age, who have been serjeants of the foot, in any company within this State, or such as have sustained such office in any war, who shall dwell in the limits of any other company than that in which they have sustained such office, shall be, and are hereby freed from doing duty as private sentinels, and shall be required only to be present, to attend the exercise in sach place or office as they have before served in. And if any such officer shall refuse or neglect to be present on days of exercise when required, and to attend the duty of his office, he shall be liable to the same fine as others who sustain the same office in any parti- cular company are liable to; and all commissioned officers of the like kind shall be excused from attending.
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