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 64
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At a Superior Court holden at Bennington, on the third Tuesday of November, 1779.
X 3
554
RECORDS OF THE
Present :- MOSES ROBINSON, Esq. Chief Judge. JOIN FASSETT, JONAS FAY, IRA ALLEN,
Esq's. side Judges of the same.
James Mead versus Lemuel White.
. The said Lemuel White obtained, by act of the Assembly, a rehearing in a cause before determined at a special court holden at Tinmouth, in said county, wherein said James Mead had obtained a judgment convic- ting him of felony in stealing a certain watch-as per complaint, judg .. ment, &c. on file, may be seen .- The cause being called, said White ap- peared and plead that at the former court, the jury first brought him in not guilty, whereby he was forever acquitted by the law of the land from any damages that could accrue to any one by reason of the complaint :--- nevertheless, the judge ordered said jury to return to a second considera- tion of their verdict, contrary to the laws of the land, and the rights of Englishmen ;-- by which unlawful means he was convicted of felony. He therefore prayed the court to reverse the former judgment, and restore him to his damages and cost :- to which said Mead replied ; and the parties being at issue on the point, the court having heard the cause, are of opinion that the said White's plea is sufficient, and therefore gave judgment that the former judgment be reversed and set aside, and the said White be restored to his damages assessed by said court at £53 12 0 and cost of suit, taxed by court at 55 5 6
At a Special Superior Court holden at Bennington, by order of the Chief Judge, on Friday, the 28th day of July, A. D. 1780. Present :- MOSES ROBINSON, Esq. Chief Judge. JOHN FASSETT, Esq. IRA ALLEN, Esq. Side Judges. JONAS FAY, Esq. Freemen versus
Noah Smith, States' attorney, within and for said county, exhibited complaint to said court, that - was knowing to -- -'s en- deavoring to join the enemies of this and the United States, on or about the first of July, 1780, and did conceal the same :- and did also, on or about the time aforesaid, use his influence to persuade and induce the said - and others to join and comfort and assist the enemies of this and the United States ;- as per complaint on file may fully appear.
The said - being brought before the bar of said court, and called upon to plead to said information, plead not guilty, and thereof put him- self upon the country. The jury empannelled and sworn, according to law, to try said cause, were as follows - ·; which said jury having returned the following verdict that the said - was guilty of the facts charged against him in said complaint ;- whereupon the court did award and sentence the said - that he pay a fine of £1200, lawful money, to the Treasurer of the State, and to be committed to goal, there to be held in close confinement for the term of two months from the date hereof and pay cost of prosecution, taxed at £79 : 8, and execution go forth accordingly.
555
SUPREME COURT.
At a Superior Court holden by adjournment) in Bennington, on the third Tuesday of August, A. D. 1780.
Present :- MOSES ROBINSON, Esq. Chief Judge. JOHN FASSETT, Esq. JEREMIAH CLARK, E'sq. Freemen versus
Side Judges.
Stephen R. Bradley, States' attorney pro tem. within and for said wcounty, exhibited complaint to said court that - of Shaftsbury, in said county, not having the fear of GOD before his eyes, but being ac- tuated by the devil, in violation of the obligation he was under to the State, and endeavoring to subvert government, did defame the authority, magistrates and judges,* endeavoring to bring the same into contempt, and was guilty of spreading false news, &c.1 and other atrocious crimes against the State has been guilty of, against the peace and dignity of the freenien thereof ;- as per complaint on file may more fully appear.
The said - being broughit before the bar of said court, and called upon to plead to said information, plead not guilty, and for trial put him- self upon the country :- The jury empannelled and sworn to try said cause, according to law, were as follows, viz : --- -, which jury returned the following verdict-having found the said delinquent guilty of the facts charged in said complaint, brought him in guilty.
Whereupon, the court did award and sentence the said - to pay a fine of & 1200 to the Treasurer of this State, and be disfranchised.
At a Superior Court holden at Bennington, on the fourth Tuesday of August, 1781.
Present :- MOSES ROBINSON, Esq. Chief Judge. JOHN FASSETT, Esq. PAUL SPOONER, Esq. INCREASE MOSELEY, Esq. JOHN THROOP, Esq.
Assistant Judges. Freemen versus
The grand jurors within and for the county of Bennington, exhibited an indictment to the superior court that --- - - of Pittstown in the county of Bennington, did, at Pittstown, in the county aforesaid, on or about the last day of July, 1781, traiterously know that certain persons, then at open war with this, and the United States, were lurking about in the woods, and among the houses of disaffected persons, &c. ; } as per indict- ment on file may more fully appear. The said being brought before said court and called upon to plead to said indictment, plead not guilty, and for trial put himself on the country. The jury empannelled and sworn to try said cause, were as follows, viz : -, which said jury re- turned the following verdict, -- that the said ---- was guilty of the facts charged against him in said indictment ; whereupon the court gave sentence that the said - pay a fine of £30, lawful money, and be im- prisoned six months.
* Ste act for the punishment of defamation, page 382.
t See act for the punishment of lying, page 369.
* Sce act in addition to an act against high treason, page 413.
556
PROCLAMATION OF PARDON.
At a Special Superior Court, holden at Westminster, in the county of Windham, on Thursday the 12th day of September, A. D. 1782. Present :-- MOSES ROBINSON, Esq. Chief Judge. JONAS FAY, Esq. JOHN FASSETT, Esq. Assistant Judges. PAUL SPOONER, Esq. Freemen versus Jos. Peck.
The grand jurors from the body of the county of Windham exhibited an indictment to the court, that Jos. Peck of Guilford in the county of Windham, not being a continental officer, did, after the first day of Sep- tember, 1779, viz, on the first day of July last, accept and hold a mili- tary office, not derived from the authority of this State,* viz : the office of captain in the militia in the town of Guilford, under the authority of New- York ; as per indictment on file may more fully appear.
The said Jos. Peck being called to the bar and being put to plead, plead not guilty, and for trial, put himself on the country. The jury being empannelled and sworn, returned the following verdict, viz :- that the said Peck was not guilty ;- whereupon the court gave judgment that the said Peck pay cost of prosecution,t and stand committed until judgment be complied with.
PROCLAMATION OF PARDON.
BY HIS EXCELLENCY THOMAS CHITTENDEN, ESQUIRE, Governor, Captain-General, and Commander in Chief in and over the State of Vermont :
A PROCLAMATION.
WHEREAS, sundry persons, inhabitants of this State, forgetting that great tie of allegiance that ought to bind every subject to a faithful obe- dience to that power which protects life, liberty and fortune, being insti- gated, partly from their own mistaken notions of government, not consid- ering that all power originates from the people, whose voice is the voice of GOD, and building on a false hypothesis, that a public acknowledg- ment of the powers of the earth is essential to the existence of a distinct, separate State ; but more especially deceived and led on by certain per- sons ordained of old to condemnation, who have crept in privily, to spy out and overthrow the liberty of Vermont, purchased at the dearest rate,
See act to prevent persons from exercising authority, &c. page 389.
+ See act in alteration of an act concerning delinquents, page 423.
557
PROCLAMATION OF PARDON.
who, acting under pretence of power assumed by a neighboring State, never derived from GoD or nature, being mostly enemies to the prosperity of America, have imposed their tenets upon the credulous, whereby many have been led to follow their pernicious ways, in consequence of which, many of my faithful subjects have been influenced to oppose the authority of this State,* and obstruct the course of civil law, thereby incurring the penalties of the law of society, which requires obedience to the powers that are.
And whereas the supreme authority of this State are ever willing to alleviate the miseries of those unhappy subjects who act through mistaken notions, and remit the penalties thereof ; and inasmuch as the tares in this world cannot be separated from the wheat, without punishing the righteous with the wicked :-
I have thought fit, by and with the advice of my Council, and at the desire of the representatives in General Court assembled, to declare this my gracious design of mercy ; and do hereby publish and declare to all person or persons residing within this State, a full and free pardon of all public offences, crimes and misdemeanors, heretofore committed within the limits of this State against the honor and dignity of the freemen thereof ; remitting to all and singular the person or persons aforesaid, all penalties incurred for breaches of the peace,-such as riots, mobs, tumul- tuous assemblies, contempt to, and opposition of, authority ;- excepting only, the crimes of high treason, and misprisons of treason, against this, or the United States :-- and all persons indicted, intormed against, or com- plained of, for any of the offences aforesaid, may plead this act in dis- charge thereof.
Procided, nothing herein contained, be construed to extend to any person against whom judgment has been already rendered ; nor to bar any person from recovering private damage,-any thing contained herein, to the contrary notwithstanding.
And I do further recommend, and enjoin upon every denomination of men, strict obedience to the laws ; as the executive authority are determin- ed to carry into execution every good and wholesome law made by the freemen of this State. At the same time, I do assure the subjects that it is not the design of their rulers to take from any the peaceable enjoyment of his own possessions, acquired by the sweat of his brow,-whatever false- hoods, wicked, designing men may have spread, to disquiet the minds of the faithful subjects of the State of Vermont.
Given under my hand and seal at arms, in Windsor this third day of June, 1779.1
* His Excellency, probably had reference to the disturbances in Cumberland county. See page 106-8
t This proclamation is copied from what appears to have been the original draft found in the office of the Secretary of State. Though unauthent cated by the Governor's signa- ture, it is presumed to have been promulgated, substantially as it is here given ; as we find it noticed in the journal of the General Assembly under date of June 1, 1779, as follows-" Resolved, that his Excellency be requested to issue a proclamation of pardon to all rioters, &c. ; which proclamation was read and approved of."
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GOVERNOR'S SPEECHI.
558
GOVERNOR'S SPEECH.
OCTOBER, 1779 .*
Gentlemen of the Council and Assembly :
THE honor conferred on me by the freemen of this State, in ap- pointing me their chief magistrate, demands a return of my warmest thanks : at the same time, I regret my inabilities to support the character of so important a station. Notwithstanding, as my appointment appears so unanimous, it affords me the highest satisfaction, and is to me a con- firmation of their general approbation of my former conduct ; therefore, I shall consider it my duty to serve the ensuing year, and by Divine as- sistance, shall labor to continue. an equal, steady firmness, and impartial administration of justice, which has hitherto governed my conduct ; re- lying on the candor and assistance of my Council and the Legislature for my support.
Gentlemen :
The Legislature having constitutionally met, I cannot forbear ex- pressing to you my highest satisfaction in the many great and important advantages arising from the due execution and careful administration of the laws, since they took place, and cannot but rejoice when I reflect on the infinite difference between a state of anarchy, and that of a well reg- ulated government; the latter of which we daily experience. And I most earnestly recommend to all magistrates, and others in authority un- der me, together with the freemen over whom I have the honor to preside, to persevere and let their conduct be uniformly just, and upright, and en- courage one another to unite in the supporting and maintaining their com- mon rights ; which cannot fail to recommend this State to the impartial world. At the same time am unhappy to inform you that, notwithstand- ing the generous and lenient measurest with which the disaffected inhabi- tants in the lower part of Cumberland county,t have been indulged, yet they continue in their unjustifiable obstinacy against the authority of this State; I shall, however, recommend the suspension of the laws| intend- ed to have been executed on those offenders, at present, in consequence of a letter received from his Excellency John Jay, E'qsuire, Presi- dent of Congress, inclosing certain acts§ passed by that honorable board, relating to a final settlement of all difference subsisting between
* This speech is copied fromthe original, found in the office of the Secretary of State, and filed as follows :- ' A sprach of His Excellency 'fhos. Chittenden, Esq. 14th Octo- ber, 1779."
+ See Governor's proclamation, page 556.
1 For some account of the disaffection in Cumberland County, here referred to, see page 106-9.
Il The law probably here alluded to, may be found, page 389.
Ber the acts here referred to, and the proceedings of the Legislature of Vermont thecer D, page 110-11.
559
CONFISCATION OF ESTATES.
this and the adjacent States, which I now submit to you for your con- sideration ; a subject of the greatest importance, and demands your most serious attention.
Your agents to Congress have attended, agreeable to their instructions, from time to time. Their proceedings I shall now lay before you for "your perusal and approbation ; which, I hope, will prove satisfactory. From every circumstance, I think we have the highest reason to believe that from the efforts of our agents and the interposition of Congress, our unhappy disputes with the neighboring States, will soon terminate in a final and happy issuc.
With respect to the present situation of the domestic affairs of the State, it is with pleasure that I inform you that the measures pursued by the Board of War, by the assistance of Divine Providence, have proved effectually sufficient to defend our frontiers, against the ravages of the common enemy, while they have been permitted to execute their horrid vengeance on many of the innocent inhabitants of the different parts of the continent ; which, in some measure, proves the approbation of Heav- en' to our Independence, and justifies the measures pursued to support and defend it. As the time for which the troops now in service, are en- gaged, expires the middle of November next, you will be careful to make such provisions for future defence, as your wisdom shall direct.
Gentlemen of the Assembly :
I shall, from time to time, during the session, digest and communi- cate to you, such other matters as shall appear to me to require your at- tention, in a full confidence that the same zeal to promote the common cause, for which the inhabitants of this State have hitherto been distin- guished, will be equally conspicuous in your deliberations.
THOS. CHITTENDEN.
CONFISCATION OF ESTATES.
'The confiscation of estates forms a prominent feature in the early his- tory of the government of Vermont. This extraordinary power seems to have been exercised at a very early period,* and was continued during a number of years after the government was organized under the Consti- tution.t The compiler has been unable to find the records of the " Court of confiscation,"; or any papers connected with its proceedings, except the few which here follow, which have been discovered among the an- cient files in his office, and which seem to have found their way there
* See Journal of the Council of Safety.
t See page 406.
# See note, page 539.
560
CONFISCATION OF ESTATES.
rather by accident than otherwise. These papers, however throw cow- siderable light on the history of those proceedings, and are therefore pre- served in this collection.
COMMISSION
FOR THE SALE OF CONFISCATED ESTATES.
Whereas, the General Assembly of the Representatives of the freemers of the State of Vermont, did, at their last session,t order the confiscation and sale of the estates, both real and personal, of the enemies of this and the United States, living within this State, who have distinguished them- selves, by repairing to the enemy, or other treasonable conduct, and did appoint the Governor of this State and the members of the Council, living in Bennington county, to be a court to confiscate and order the sale of said estates, in Bennington county, any four of whom should be a quorum.
To JOHN BURNHAN, JUN. Gentleman,
You being, by said Court, appointed, a commissioner to sell said lands, &c. you are hereby authorised and fully impowered, to sell at pub- lic vendue, or at private sale, all or any such lands, improvements, pos- sessions, houses, mills or other buildings, or such part of them as you can sell to the advantage of this State, lying in the probate district of Ben- nington, formerly belonging to the persons whose names are in the list to this affixed, and is, by this court, confiscated, to the use of this State. You will give deeds in the name, and in behalf of the representatives of the freemen of this State. If the title was derived from the government of New-Hampshire, you will warrant the purchaser the said New-Hamp- shire title ; and if the forfeiter had only the New-York title, where there is a Hampshire grant on said lands, you will sell the possession and im- provement only. If the forfeiter had his title from the government of New-York, and there is no other grant or claim on the lands, you will warrant the premises from all claims under New-York. You will not sell on any other terms than for cash down; except you first have liberty in writing, from this court. You will take care to sell to persons who are known friends to this and the United States, and such persons as are dis- posed to settle and improve the lands, soon. Such of said lands, as are, by bargain or lease, actually made by any of the commissioners of sequestra- tion, let out to any person or persons, for any term of time, you will sell, under such incumbrances ; making such reserves as will be necessary to keep good the bargain or lease of said commissioner of sequestration. You will take all proper means to make public that you have such lands to sell. You' will take the advice of the select-men of the town where you sell lands, &c. in what manner it is best to sell, before you determine the sale of any of the aforesaid lands, &c. If you choose to buy any of said lands, &c. yourself, you will make application to some other of the
* With this commission has been found another, drawn in the same form, directed to. Thomas Chandler, jun. Esq. as commissioner for the county of Cumberland, signed,
" Thomas Chittenden, Governor," and dated Bennington, February 23, 1779. t See page 267.
561
CONFISCATION OF ESTATES.
commissioners of sale of lands, who shall be authorised to sell to you any of said lands lying in the probate district of Bennington ; and you are hereby authorised to sell lands, &c. to any of the commissioners for sale of lands, lying in any part of the county of Bennington, under the same restrictions and regulations, as you are, by this commission, authorised, . to sell in Bennington probate district. You will take care to ascertain the bounds and quantity of lands you sell, in the deeds you give. You will take care to obtain all the writings that did belong to the persons, whose names are in the annexed list, in order to enable you to ascertain the proper title to the lands ; as also the debts and credits of said persons. If any person or persons, within this State, is by you suspected to have in custody, or have any knowledge of, any papers that did belong to any of said persons, you are liereby empowered, by a summon or warrant, to call him or them before some assistant, judge of court or justice of peace, or chairman of committee, and examine him or them, under oath, relative to the matter. You will take a certificate, on oath, from the persons to whom you sell lands, &c. certifying the exact suin or sums of money they pay unto yon for any of the aforesaid lands, &c .; also ascertaining the bounds and quantity-in what town-in what part of the town, and who was the forfeiter. You will mention in the deeds you give, the exact sum you receive. The aforesaid certificate you will transmit to this court, for record. You will lodge the moneys, arising from such sales, together with such moneys as you collect, being due by bond, note or otherwise, to such persons (which debts you are hereby authorised to col- lect) with the treasurer of this State, or his substitute : and after you have sold the whole of the estate of any of the aforesaid persons, you will apply to the Governor of this State or any one member of this court, who shall appoint two respectable freeholders of this State, commissioners, who shall advertise the creditors of said estate or estates, in the Hertford news paper, three weeks successively, at least one month before they shall meet, of the time and place of their meeting, their business, and to bring in their accounts against said estate or estates ; also set a copy of said advertise- ment up in some public place in the town where the person last resided ; where said commissioners will proceed to receive and examine the ac- counts against said estates, and determine the just debts due from such estate or estates, and a true list of them to you deliver; which list, to- gether with a list of the collectable debts due to the forfeiter, you will forthwith transmit to the treasurer of this State. Said meeting you will attend in behalf of this State. Said commissioners to be paid a reasonable reward for their service. You will keep a just and true account of the time and money you spend in performing the business herein enjoined on you, and exhibit the same to this court for settlement.
Given under my hand in Arlington, April 30, 1778.
THOS. CHITTENDEN, President of the Court of Confiscation. Attest, M. LYON, Clerk.
[Note .- Here follow the names of fifteen persons, constituting the list mentioned in the foregoing commission.]
Y 3
1
562
CONFISCATION OF ESTATES,
ORDER OF THE COURT OF CONFISCATION.
NORWICH, May 1, 1778.
By the Governor and Council of the State of Vermont.
THE court appointed to confiscate and make sale of the estates of such persons as are gone, and have been to the enemy, having attended to that business, and advised all persons concerned to appear and shew cause, if any they had, why the estates hereafter named, should not be confiscated to the use of this State ;- and whereas no reasons do appear, and on the contrary, evidences appearing which clearly set forth their criminality :- Therefore,
In consequence of the depositions, and also, by our own knowledge of many circumstances concurring therewith, whereby it appears to this court that the estates of -* ought to be, and they hereby are, con- fiscated to the use of this State ;- and we do accordingly appoint, and authorise Ensign Hosford, and Samuel Smith, commissioners to make sale of said estates, (except so much as is hereafter excepted) and audit the accounts which may be brought against the several estates, under the direction of the judge of probate of the district in which said estates lie ; who is hereby directed to make return, both of the money received and accounts exhibited, to the Council of said State, under oath of office ; and to administer the oath of office to the said commissioners ; and either of said commissioners are hereby empowered to administer oathis to any person who shall offer said accounts for settlenient; and also to give deeds in behalf of this State, to the purchasers of said forfeited estates.
The estates to be excepted, are, first, the hundred acre lot on which - now lives ; and, secondly, the hundred acre lot now in the pos- session of the wife of -
And the judge of probate, together with the said connnissioners, are hereby authorised to grant relief to any person or persons, suffering on account of the above forfeitures, as they, in their wisdom, shall see fit.
By order of Court,
PAUL SPOONER, Clerk.
WRIT OF SEIZIN.
STATE OF VERMONT-Bennington ss., Arlington, June 9, 1780. To the Sheriff of the County of Bennington :
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